The Manning times. (Manning, Clarendon County, S.C.) 1884-current, April 15, 1891, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

VOL. vII. MANNING, S. C., WEDNESDAY, APRIL 15, 1891. NO. 17. STORY OF THE COOSAW. THE FIGHT NOW ON IN THE FEDE RAL COURT. Unexpected Appearance of the Attorney General--La3ing Out the Lines of Bat tle-The Argument of the Counsel Pro and Con. CARLEsTON, S. C., April 8.-Par suant to the order issued by Judge Simonton in the United States Circuit Court on Tuesday, the proceedings on the order to the Coosaw Company to 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 e, erybody 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 appeared in Court a few mm 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. Pope, and Mr. I. A. M. Smith, of counsel, reached the city, and, accompanied by Major Julian Mitchell, appeared in Court before the appointed hour. They looked as fresh and ready for another hard day's work as if they had been on a week's holhday, instead of being en gaged in burning the midnight oil over musty law tomes, studying up the merits of their position. IN BATTLE ARRAY. These gentlemen occupied seats near the door, while at the other end (f the table sat the Hon.Augustine T. Smythe, Mr. Louis DeB. McCrady and Mr. T. W. Bacot, counsel for the Coosaw Mi ing Company. The tables were crowd ed with law books, and a half dozen in evitable "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 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, several members of the Charleston Bar present. who listened with great interest to the ar guments as they were presented. OPENING FIRE. Judge Simonton was en the Bench before 11 o'clock, and as the hands of 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 ooe dience to the order of the previous day, the defendants were present and ready to proceed. Attomey General Pope read the fol lowing, which was fiied with the clerk: A PLEA TO THE JURISDICTION. "And now comes the State of South Carolina, plaintiff above named, by the Hon. Y. J. Pope, Attorney eneral 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 from the Court of Common Pleas for Beaufort County. and for no other pur pose whatsoever. Y.- J. Pope. "Attorney General, State of S. C.' )FUTUAL ENP'LANATIONS. Mr. Pope then called attention to the remarts 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 raised immediately the question of jurisdiction, and re quested Mr. McCrady to present the argument of the defendants. liR. LOUIS DE B. M'CRADY. Mr. McCr'ady began his argument promptly and applied himself to the points in issue without any introduc tory fiourish 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 Constitution of the United States pro-, vided that no State could by any legis -lative act impair the obligation of its contracts. Under an Act of the South Carolina Legislature a grant had been made to the Coosaw Mining Company. nder which it claimed an indefinite and exclusive license, on certain condi tions, to mine rock from the Coosaw River, opposite to and south of Chis ol's Island. By another Act passed on December 23,1l890, a board of phos phate commissioners was created, and the Act provided that the board should, on and after March 1, 1891. take pos session of the Coosaw territory, and further authorized the uoard to issue licenses to other parties to milne in this rive.- On the 21st of March the State of South Carolina filed a complaint in the Court of Common Pleas of Beaufort County. askIng for an injunction re straining the Coosaw Company from asserting its rights to the territory and from mining rock within it. There is no reference in the complaint of the Act of 18910. but without the Act the 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 tilled a petition for a removal to the United States Court, and in regard to jurisdic tion it must be shown by the defen dants that there is a Pederal question involved. Is the petition for removal a pleading, and can a Federal question be set forth in that petition ?~ In support of his position M1r. Alc rady quoted numerous authiorities, among them the Gold Washing atnd Water Company vs Keys, 96 U. S., page 202, which he referred to several times in the course of his argument and read from at some length. In 121 U. S., page 42, in the case of Carson vs Dunham, it was held that where the petition was defective it might even be amended to make more plain the point of jurisdic tion. He quoted further from 122 U. S., page 517; Mayer vs Cooper, 6 WVal lace, ge 252; Railroad vs Mississippi, 102 L. S., page 140, and a further lengthy list of authorities. Section 10 of the 4th article of the Constitution must be construed for the purpoe of seeing if the act of D~ecem er 3 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 oosaw 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 35U0. 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 authorized 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 h, I-st, a-d it could get no redress since the Stata 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 March 20, 1876, by which the grant was made, and the re peal took place after the Coosaw Com pany had spent vast sums of money on its Iplant, and its great property 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 Railroad vs Mississippi, 102 U. S., page 140; Ames vs Kansas, 11 U. S., page 462; Tennessee vs Davis, 100 U. S. page 269; Stone vs South Carolina, 117 U. S., page 269; Stone vs South Carolina, 16 S. C., page 544; Barker vs Bowman, 8:h S. C., page 388, and many other author ities sustaining the same point. ATTORNEY 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 Hon. 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 Comnmon Pleas for Beaufort County the question of the ordering an inj unction and con tinuing 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 juris diction of such Court. Y. J. POPE, "Attorney General, State of South Carolina." Mr. Pop, after some introductory remarks of a personal nature, said that in the argument of opposing counsel he 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 1876 It was the child of an Act of the 28th of March, 1870, he said, and, con tinuing, he gave what he claimed was the history of the provisions of that Act. Mr. Pope's style 13 impassioned and earnest, and he referred at some length to the action of the Coosaw Company in, as he 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. He 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 de fendant could come here with such loud complaints. His remarks in this part of his argument smacked strongly of what hiight be termed sarcasm, and his references to opposing counsel as "these young men" causedtsome amuse ment to those gentlemen. The State, he said, had bowed her sovereign head to come into a Court of justice, and the people of South Carolinn felt it acute ly 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. Souil Carolina was neither poor, nor wanting in spirit, and no concaten ation of events could procure a com promise. The State had been insulted, and her laws shall be vindicated, and this creature of hers(the Coosaw Com pany) made to respect her. No power. save that of the United States Courts could stay her right to make this crea ture bow in submission to her righte ous will. He here paid a lengthy trib ute to South Carolina, the United States and Chief Justice Marshall, and the Federal Courts. The filing of a petition and bond does not constitute a transfer of a case, he said, It is the duty cf a suitor who wishes a transfer to appear in the State Court and settle the matter there, and any othet course indicated a lack of courtesy toward the State Court. On the point of the United States jurisdic tion being purely statutory, he read the Act of Congress of 1887 amendatory to the Act of 1875, which latter Act, lie said, was fraught with great mischief and arrogance to the States. Every case cited, he said, by the opposing counsel had been decided under the old mischievous Act, and not one under the ne w Act of 1887. Under the law of 1887 the Court was compelled to con fine itself In such cases to the com plaint filed in the State Court. This was not true under the old law, and it was there that the difference between the Acts of 1875 and 1887 appeared. The petition to this Court states no facts which raises a Federal question. From the beginning of this case the great cry on the part of the defendants had bee-n the great amount of money that the-y had paid to the State, but they said nothing abdut the money the! had made out of the Coosaw River. The amount they paid to the State was only a part of the value of the State's property. lHe asserted that the State could not grant in perpetulty to a few persons the exercise of rights which belonged to all her citizens. Any such Act of the Legislature is repealabie. On the prin cipal of eminent domain, the State can take the property of private citizens and appropriate it to rights of way for corporations, such as railways, canals, etc. But she holds navigable rivers arid the soil beneath them in trust for all her citizens. She holds them as a sovereign, and any act which gives them away can be undone by a subse queut Legislature. .In support of tis 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 rectly interested. In reply to a ques tion from the Court, Mr. P'ope ex plained more explicitly that he held that where an Act was passed by one Legislature confining public rights to a few individuals, a subsequent Legisla tore could annul it. GOING INTO ANCIENT HISTORY. This company may tiourish, he said, but in the end it would be overtaken. Charges had been made, though they may ne ut!ue, 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 re fer to those things, let him put them in the pleadings, and we will meet him now." Mr. Pope: "I will not refer to these mtters 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 out. We will try to avoid it. but if necessary will do it."-News and Cou rier. Argument at Aiken. AIKEN, S. C., April 8.-Judge Al drich, in chambers, continued the hear ing of the argument to-day on the peti tion of the Phosphate Commission that the adpointment of a temporary receiver and the temporary injunction of the Coosaw Company be made per manent. The State was represented by Col. Robert Aldrich and Mr. G. S. Mower, and the Coosaw Company by Gen. Edward McCrady and Mr. A. M. Lee. The hearing commenced at 10 a. m. and continued until 2 p. m. A recess was tnen taken until 3.30 p. m., when the hearing was resumed. It was concluded at 4.30 p. m. Messrs. Mower, McCrady and Lee left for Charleston on the night train and Col. Aldrich returned to Barnwell. The matter is inL 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. Mr. Mower, in opening the argument, addressed himself to the task of proy ing that Judge Aldrich had jurisdic tion in the case. In support of his views he quoted liberally from law and precedent. Col. Aldrich followed for the State and Gen. McCrady and Mr. Lee for Coosaw. The time before dinner was taken up in arguing the question of jurisdiction. After dinner the argu ments were on the appointment of a receiver. Col. Aldrich 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 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. He thought there is no reason why Mr. Brooks should not be appointed receiver because he is a clerk in the of lice of the Secretary of State. Gen. McCrady-" Would you think it proper to appoint a Coosaw oflicial re ceiver ?" Col. Aldrich-"Yes, if it pleased the court." Gen. McCrady then suggested Mr. Moses E. Lopez for the position. Ile knows more about phosphates than any other man in this State.-The State. Italy's Bluster. RoME, April 2.-In a long interview with Marquis di Rudui, Minister Porter stated that the United States govern ment is willing to materially compensate the families of the New Orleans victims, but that it is impossible for the Wash ington government to place the lynchers on '.rial, that being a matter for the grand jury in New Orleans to decide. The Premier insisted that Italy's dignity demanded that~ the culprits should be punished. All endeavors to obtain the opinion upon the present crisis between the United States and Italy of Hon. A. J. Porter, United States Minister here, have proved futile. Porter declares that the rules of international comity pre clude an expression of opinion by a Minister placed in the position that he (Porter) is now placed in. It is learn ed, 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 Rudini, to be less hasty. The idea of war is scout ed here in diplon~atic and government circles. Even Baron Fava's final with drawal is not pefinitely decided upon. It is said that even if Baron Fava is with drawn 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 Ital ian Cabinet Ministers are in receipt of a large number of cablegrams and letters from prominent Italianis in other cities urging moderation upon the Italhon gov ernmont in its treatment of the New Or leans troubles. School Examiners' Recom ndationl. CoLUr1BIA. S. C., April 8.--The offi cial report of the proceedings of the meeting of the State board of examin ers Saturday is given to the press this evening, it was decided that all man uscript histories of the State to be sub mitted must be presented in type writ ten copy, and that the manuscript will be accompanied wvith some indication of thesproposed arrangement of the text, the style and cost of the book. The board 'decided that the form of county teachers' certiticates shall be changed by the addition of imatter showing the holder's experience as a teacher, and attendance on the teach ers' institute, proper credlit being for them. The board decided to have the State divided into suitable districts for the holding of teachers' institutes this summer. The detailed work for arrangement was left to State Superin tendenit Maytield. A resolution was passed urging the county boatrds to re district their counties in suitable school distriots and press the levying of a special school tax under the pro vision of the school act of 1888 in all proper cases. __ Revengeinat Ita~lians. PARKEIISBURG, WV. a., April 3. There is considerable commotion among the railroad lines in this State, and there are indications that the Ital ians are avenging their countrymien by the destruction of property. Iwo at tempts to wreck a fact express on the Baltimore and Ohio Railroad were de t ected in time to prevent the ioss of life. A few minutes before the New York express passed a narro w cut near Graf ton the track walker discovered several heavy pieces of iron wedged tightly between the rails. An hour later the Chicago express barely escaped a disastrous wreck near the same point by a similiar obstruction. A large de p~ot and store building on the Balti more and Ohio at Constitution was blown up with .dynamite, completely wrecking the building and causing a heavy loss. All the contents were destroyed. All these crimes are charged t~o the ital ians in the neighborh ood where they happened.__ Italy's Next Move. LoNDON, April 2.-A dispatch from Rome says that the next move on the part of thie Italian Government, should satisfaction not be gilven for the New Orleans tragedy, will be to place an em bargo on American goods, and prohibit their importation into italy. Much indignation exists in Rome aganst the Vatician party for the ut terances of the Papal organ to the ef fet that the government was influ enced by secret societies. The clerics are said to be doing everything possi ble to weaken the prestige which the government has gained with the peo ple by its action. With the exception of the clerics, the newspapers, without regard to party, support the govern ment in its course. TILLMAN AND NOBLE. THE AGRICULTURAL COLLEGE FUND TIED UP STILL. Further Correspondence Between Gov ernor Tilman and the Department of th'e Interior-Congresu Will Have to de cide the Matter. COLxMBIA, S. C., April 7.-The fol lowing is the last letter from the Depart ment of the Interior to Governor Till man in regard to the equ-itable distribu tion of the fund last year given by Con gress to be divided between the white and the colored agricultural colleges of the State. As will be seen by it the De partment of the Interior adheres to its idea of what is an "equitable" distribu tion. "Governor Tillman's reply was mailed yesterday, and a copy of it will also be found below. He, too, adheres to his previously stated views, and so the whole matter lies over for the con sideration of Congress at its next ses sion unless the Secretary of the Interior should in the meantime conclude to ac cept the basis of distribution provided for by our Legislature at its last session: DEPANITMENT OF THE INTERIOR, WASHINGTON, March 21st, 1891. Hon. B. R. Tillinan, Governor of South Carolina. Sir.: I have the honor to acknowledge the receipt of your letter of the 16th instant stating that your Legislature having acted and adjourned until No vember the question of the equitable division of the funds appropriated for agricultural colleges by the Act of Con gress, approved August 31, 1890, is no longer an open one so far as the State of South Carolina is concerned, and en quiring whether the Secretary "refuses to pay South Carolina her quota upon the basis proposed by the General As sembly, and if so, whether he insists that the school population, as shown by the census of 1880 instead of 1890, shall govern ?" In answer to the first part of the in quiry I have the honor to call your at tention to the provisions of the statue. It provided in the first section: "That in any State in which there has been one college established in pursu ance of the Act of July 2, 1862, 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 reve nue for the education of colored stu dents in agriculture and the mechanic arts, howeyer named or styled, or whether or not it has received money heretofore under the Act to which this Act is an amendment, theLegislature of such State may prepare and report to the Secretary of the Interior a just and equitable division of the fund to be re ceived under this Act between one col lege for white students and one institu tiop for colored students established as aforesaid, which shall be divided into two parts and paid accordidgly." Section 4 provides: "That on or before the first day 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 Ter ritory, whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for col ored students under this Act, and the amount which thereupon each is enti tled respectively to receive. If the Secretary of the Interior shall withhold a certificate from any State or Territory of its appropriation, the facts and rea sons therefore shall be reported to the President and the amount involved shall be kept separate in the Treasury 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 Leg' lature may propose a division of te 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 has insisted upon a divis ion on the ratio of the 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 de mands a division into the ratio of the school population. In answer to the second part of the inquiry, I have to state that when you were written to on the subject, Jannary 31, 1891, the school census for State of South Carolina for the year 1890 was not available, and the census of 1880, white 35.9 per cent., colored 64.1 per cent., was suggested as an equitable basis of division. The department is now in possession of the school census for 1890. (Whites 36.7 per cent., colored 63.3 per cent.,) and it is-considered that the division should be based upon the latter enumeration. Very respectfully, GEo. CILANDLER, Acting Secretary. GOVEnNOR TIL31AN'S REPLY. Ho'n. (ieo. Chanler, Acting SecretarU In terior, W ash ingto n, D, C. Smn: I have the honor to acknowledge receipt of your letter of MIarch 21st, in reply to my letter to ion. John W. No ble,~dated February 16th. As I wrote to Mlr. Noble. our General Assembly has proosed an'equal division of the fund donated by Congress last year "for the further endowment and support of col leges for the benefit of agriculture and the mechanic arts," between Clemson A gricultural College (white) and Clain College (colored). W~hether such divis ion 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 I am sorry to see it crippled by a refusal on your part to accept the apportion ment proposed by the State. As Gov ernor I have no authority to do more, and if I had, I would refuse to accept the money on such terms as you offer. Very respectfully, B. Rl. T'ILLMus, Governor. "A Pure Matter of Health." WVasJINGTo, April 8.-Senator Ed munds, who sent his resignation to the Governor of Vermont a few days ago, when asked for a statement of the rea sons for his resignation, said: "1 have resigned from personal considerations soley. It is a pure matter of health. I cannot -live in Washington during the winter. I ruffer from throat trouble and the climate is too severe. I hold that a senator should attend to his du ties, and if I cannot remain in Wash ington constantly, I prefer to resign. shall spend the winters in Aiken, S. C., visiting Washington occasionally to attend the sessions of the Supreme Court when I have busiess before it." Mius. SARAr B. COOPER condensed a great truth into a sentence when she remarked to the Pacific Coast Women's Press Association that the greatest blessing a community can enjoy is a od newspaper. GIRLS SAVED THE TRAIN. But they Planned the Wreck Themselves -Bogus Heroines. FREEHOLD, N. J., April 12.-Ano ther 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 Farm Ingdale last week, and then flagged the train. hoping to get a large reward. Their ruse was discovered. Laura has been greatly agitated ever since the matter became public, and yes terday 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. - d with the other end she made a noose. Then she mounted a chair, -placed the noose around her neck, and prepared to swing herself off into eternity. She sprang from the chair, and was strang ling when her sister Flora rushed in at the door and rescued her. The girl is apparently not much the worse for her experiment, and her frieuds and rela tives wi' try to persuade her that there is no reason why she should not con tinue to live. The attempt to wreck the train oc curred on Monday of last week. As the 4.30 p. m. express train from New York to Lakewood, on the New Jersey South ern rail road, neared a deep cut at Hen drickson's switch, five miles from Lake wood, a young girl ran down the track frantically waving a red flag. Engineer William Narison put on the brakes, and the train stopped but a few feet from a heap of ties that had been piled across the track. "I saw two men put them there and run into the woods," the girl said, appa rently in great excitement, "and ran down to stop you." Grateful passengers took up a c ollec tion that was reported at the time to amount to $105, and the maiden iound herself a heroine. Gecrge Fitzgeiald, the station boss, could not quite see how such a scheme could be planned in that vicinity. Tramps vrere not numerous, and the few families living in the vicinity were 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 cousin 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 incidentally to win a little fleeting re nown. The girl whQ had waved the flag was one of the twin sisters, Flora and Laura, daughters of George Wool ley. The Misses Woolley were in a sad pre dicarent at the discovery of their plot. Thei had heard their father read in the newspapers, they said, of a girl who had saved a tram for glory, 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 sent 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 confession trem them. A11iances in Every State. WASHINGTON, April 8.-Represen tative Jerry Simpson left the city yester day for Olean, N. Y., to spend the next ten days in the work of proselyting the farmers -of Western New 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 Al liances will grow. This activity on the part of the Alliance leaders, according toSenator Peffer's statement toa Uniired Press reporter, is due to the fact that a movemnent is on foot to carry the Alli ance ideas into every State of the Union before the next campaign. Senator Pef fer also spoke hopefully of the confer ence to be held in Cincinnati on the 19th of May, and said that it was the forerun ner of the organization of a new party. The effect of the recent visit of Repre sentative Simpson to New England is viewed with some alarm by t'he mem bers of both the Republican and Demo cratic parties in New Hampshire. Both parties there have 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. Barnum Dies. BRIDGEPORT, Conn., April 7.-The great showman, P. T. Barnum, passed away at 6:22 o'clock this evening in the resence of his grief stricken family. During the period of Barnum's invali dism and confinement to the house which began twenty-one weeks ago last Friday, there have been frequent fluc tuations in his condition from each of which he rallied. although in each in stance with a slightiy lowered vitality. The change for the worse, which oc curred last ~night was so much more pro nouncedi than the previous attacks had been that it convinced the physicians that their patient had not many more hours to 1 ye. At 3:30 o'clock this afternoon Barnum sank io a comatose condition, from which it was evident that there would be little hope of his again return ing to consciousness. When the end iia lly came, it was peaceful and to all appearances, painless. The physicians say that Barnum had no orame 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. WASIIINGTON, April 8.-Assistant United States Treasurer Whelpley stated this morning that there was no doubt that a counterfeit of the $2 sil ver certificate was in circulation. As fast as the $2 silver certificates was receifed at the Treasury Department they were destroyed, but no order had yet been issued calling them in. The printing of $2 silver certificates 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 ne w Issue of $2 silver certificates will not be printed until Secretary Foster de cides upon a distinctive paper upon which to print all treasury notes, bonds and securities. Ready to shoot Italians. DODGE CITY, Kansas, April 2.-The following message was sent to N~ew Orleans to-night: To the Mayor and citizens of New Orleans: The people of Dodge City, Kansas, in mass conven tion assembled, resolved, that: this meeting express the sentiment of this city and county, and say to the people of the Crescent City, that 1,000 able bodied men, spoken for by this resolu tion, are ready to go to Louisiana and shoot, and they' will shoot, if ealled upon by our G.overnmenlt and Italy's hostile attitude demands it. B. W. Kvm' Mayor. UNDER BONDS. THE SHERIFF PUTS A STOP TO AN AN TICIPATED ENCOUNTER. Colonel Talbert Arrested and Put Under Peace Bonds--Mr. N. G. Gonzales Tem porarily Bound Over-His Case to be Heard this Afternoon. COLUMIA, S. C., April 10.-For the past day or two there has been some ap prehension of a personal difficulty oc curring between Colonel W. J. Talbert Superintendent of the South Carolina Penitentiary, and Mr. N. G. Gonzales, editor of the State, on account of re cent publications reflecting severely on each other, and on yesterday from in formation given to him, Sheriff Rowan was led to believe that there was some grounds for these apprehensions, and accordingly he took cut warrants for the arrest of both of these parties in order to have Ithem 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 Jus tice's cffice, where he gave the required bond for $500, with Mr. W. T. Martin as surety. He stated to the Trial Jus tice that he did not object to giving the bond if it was required of him, but that at the same time he wanted it un derstood that he % as thirsting for no man's blood, and further, that as a law abiding citizen, he considered himself to be always bound to keep the peace, although always ready to protect him self when necessary. He said also that he did not want any one put under peace bond for his protection. le asked the Trial Justice if any one 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 office about 5 o'clock in the afternoon. Mr. Gonzales was accompanied by Mr. F. H. Weston as his attorney, and demanded a trial on the ground that 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 occur ring between Messrs. Talbert and Gon zales. and 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. K. 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 Register ought also to be put under bond as he had pub lished in his paper an article writtan by Colonel Talbert that might have provoked bloodshed. THE SHERIFF's sWORN STATEMENT. After making an unsworn statement as above, counsel for Mr. Gonzales re quired the Sheriff's testimony to be re duced to writing, it being as follows: S. W. Rowan, being duly sworn. says: "My attention was called to the proba bility of a difficulty between Mr. N. G. Gonzales and Mr. W. J. Talbert. I was informed that policemen were sta tioned near The State office and that the citizens along the street were an ticipating a difficulty. I made inquiry last night to get something definite, but the parties gave 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 Tas expected s between Mr. Gonzales and Mr. Talbert, and that he thought that they ought to be placed under bond. I requested my informant to make his affidavit 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 would 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 police men standing near the State office; I have frequently seen them standing on the corner of the Opera House and at the Opera House steps. There is one store between the Opera House 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 appear ance of the first article in The Regis ter, knowing Mr. Gonzales not to be a man who take insults. I think, but do not state positively, that both Mr. Wat son 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 oili ce; Mr. Watson as local editor and Mr. Reynolds as business mana ger. "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. Colonel Talbert stated at the time that he was in the Trial Justice's office that he regarded the whole trouble as hav ing been purposely brought about by a "Radical sheet," as previous to its at tacks 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 yester day morning in which the following reference to the editor of the State ap peared: 'I denounce his insinuations against my good name as contemptible lies and slanders,' the public generally have felt that bloodshed was imminent. All day yesterday every one was on the qu vive of expectancy-" This statement, taken in connection with the sworn stateznient of the Sheriff, goes to show that there was some pub lic apprehension of an impending difi culty.-Register. Holocaust in Pennsylvania. PIT TsBUROi. Pa., April .-A special from Rochester, Pa., says: "in a fire last night a large frame structure on N~ew TYork street, belonging to John F. Smith, in which was located the tea and coffee store of Geo. Edwards, the millinery store of Mrs. Hall, the shoe shops and residence of E. .J. Keene was destroyed. A number of Italians lived over the millinery store and all were burned to death. There have been nine bodies found. A sensation in Abbeville. CHARLESTON, April 7.-It was diS~ covered Saturday that the grave oi Judge Wardlaw, who was buried neai Abbeville eighteen years ago, had beer opened and the coffin broken. Ti body was undisturbed. His wife's grave had also been opened. The Ino tie is not known. EDMUNDS EXPLAINS. The Farmers' Alliance Makes the Situa tion Inreresting. WASHINGTox, April 12.-The Star re cently published a two column interview with Senator Edmunds upon the present political situation and outlook. As be tween 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 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 ?" "I do not-think there is any danger to the Democratic party," the Senator replied with a faint smile. "For in this respect all is fish that comes to its net, or indeed goes into the net of the Farmers' Alliance, for the next Presi dental election if the Farmers' Alliance should carry many States without hav ing a majority of the whole electoral college the simple result would be that there would be no election by the people, as it is called, and the present House ot Representatives, having a verylarge Denocratic majority of States 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 may carry in the next Presidential elec tion some States that would otherwise vote for a Republican candidate, and thus in effect, if there should be no elec tion by the people, give the election to the Democratic candidate by the House of Representatives." "What do you think will be the issue of the Presidential campaign parties ?" "The Republicans will doubtless stand by the same ground for justice and equality of rights among the citizens of the United States and fair elections and for the protection of American labor and industries that it has maintained hith erto." "Do you think silver will be an issue in the next election?' "I don't think it will be an issue be tween the Republicans and Democrats, for I think that the Democratic party will hardly wish to make the silver ques tion 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 party I am sure will not up to the point of safety. I have no doubt but that the Republicans will be in favor of using silver as money as it always has done. What the Farmers' Alliance plat form, if it should nominate a cahdidate for President, will be I am quite unable to say." "H1ow is the feeling of the union among certain classes to be met?" "I think it is to be met as every other disturbance in society ought to be, by a candid consideration, by correct infor mation, just reasoning and the enact ment of such laws as may fairly appear to be for the promotion of the general public good. It is upon such considera tions that every government of the people must be carried on." "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 inthe Farm ers' Alliance enterprise. If succeessful to the extent of having a President and both houses of Congress, it would doubt less lead 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 mani festly appear. I do not think that communism is at the bottom of the Farmers' Alliance movement. The per centage of communism in this country is, I believe, almost infinitesimally small. The great body of the labor ing people of the country, which taking all the departments of human activity, embraces probably Dinety-five one hun dredths of the whole number of grown up people who are altogether too intelli gent and honest to think that commun ism will be of any benefit tothem or their families, but they believe that it is des tructive of private rights, of personal prosperity and personal happiness, and if carried into practice would effect the maintenance of the vicious and lazy and ignorant out of the toil of intelli gent and industrious people." "How might the finances of the coun try be affected by this movement?" "The finances of the country always depend very largely upon the confidence that people engaged in business and people having capital have in the ad minstration of its government. If any of the movements of which we have been speaking should appear so formi dable as to make unsound legislation at all probable, tue finances of the country would be very greatly disturbed, and that, of course, would disturb every branch of labor and business. This every body perfectly understands." Fifty Liyes Lost. ST. Lorrs, April 6.-Mr. John T Farish, a well known mining expert' who has returned to this city from Col' orado, s'iys that never in all his exper ience in the mountains has he witnessed anything like the snow storms of the past six weeks. For eighteen days he says he was snow bot nd in the Red mountains, near Rico, Col., and during that period was literally cut off from the world. The snow storm, which raged for weeks, started in about the 15th of February, an'1 since that time the trails to the mines have been cover ed up and fully fifty lives lost by the disastrous sra'w slides that were of al most daily occurrence, making it dan gerous for a man or beast to venture away from shelter. IHe reports that the reat producing mines were completely shut off, and that thousands of tons of ore are awaiting the reopening of the trails. The Death of Gor. Fowle RALEIGH, H. C., April 8.-Governor Daniel G. Fowle, who died suddenly last night, had been slightly indisposed for two days, but was not supposed to be seriously ill. Shortly after 11 o'clock he called to his daughter Mary and said that he was not feeling well, and ex pected she wonld have to sit up with him. His daughter, Miss Helen, then went into his room, and in a few min utes he said, "I am fainting." She has tened to his side, but he almost instant ly expired. His death was probably from apoplexy. He was sixty years of age. The capital, public buildings and the executive mansion will be draped in mourning. Raleigh is a city of sad ness. Lieutenant Governor Holt has been telegraphed for and will be here to-day. ________ Italians Flocking to America. NEW YoRK, April 2--Superinten dent of Immigration WXeber says immi gration from italy is rapidly increasing -in fact,1leading that of all other coun tries. The figures of March are: Italy, 7,869; Germany, 7,087; Great Britian and Ireland, 4.386; Hungary, 3,589; Austria, 3.84; Russia, .,925; total 29,338. Sixteen hundred and seven Itanians were landed at+te+are ofice to-day. ITALIAN GASCONADE. A LULL IN THE EXCITENENT AT THE FEDERAL CAPITAL. The Views of Senator Butler on the Course of the Italian Government in Recalling their Minister from the United States No War Probable. WASHINGToN, April 2.-All quiet on the Potomac" sums up the situation at the National Capital to-night. Sena tors Butler, Ransom, Vance, Represen tative Boatman and all the Southern Congressmen now in Washington con demn Italy's course. Senator Butler, when asked if he regarded Italy's ac tion in recalling Baron Fava as justifi able under the circumstances, replied: "I do not. Mr. Blaine and Governor Nicholls have done all that their official positions permitted them to do, all that could reasonably be expected of them and this action of the Italian Govern ment has very much the appearance of Italian gasconade. Of course every law-abiding citizen deprecates the un fortunate occurrence in New Orleans, 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 Govern or Nicholls is a grand juryman or pros ecutor, and they have properly left the' affair in the hands of the law, where it belongs." "Do you think the Mafia will be again heard from?" "That I cannot tell. It appears to be an Italian institution transplanted to this country, but it does not flourish here and will not be permitted to spread. Whatever means are necessa ry to eradicate it will be adopted wherever it - shows iti head, and the Italian Government may as well un derstand, first as last, that if Italian subjects come over and identify them selves with the Mafia they must take the consequences. How long do you suppose an American White Cap, Ku klux Klan or Mclly Maguire o tion 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 lam post or nearest limb. One thing think may be safely assured, that the course of the Italian Goqernment is not calculated to encourage the amia ble side of the American character or excite sympathy for Italian subjects who use stilettos on the law oficers 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 Gov ernment 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 dictated to or bullied by a foreign Gov ernment. If the subjects of foreign Governments are harshly treated by our people the Governments ought to do us the justice to give an opportuni ty to make amends. That proper amends would be made in due- time' there can be no doubt, but when an ef fort 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 have the proper ring, and he bat voices the sen timents of his people in the Old Pal mettt State as expressed in the News and Courier. There are no ncw developments in the Italian flury. The next feature of the controversy will be the reply from Marquis Impeniali to the' Secretary's' letter of last .night, which has not yet arrived. On it will depend much of the prospect. He may Indicate his In ability to speak for his Government, having been left only in chreof "cur sent affairs' "In which event r.Blaine will take itfor granted that diplomat ic representation In this country from Italy is at an end, and will probal communicate with Marquis Di Rdn through Minister Porter at Rome. The note from Marquis Imperiali may be delayed long enoug for a cable mes sage to reach Rudin from here and for a reply containing Instructions to back. This mtay happen witi a couple of hours or it may take two days according to the temper of the Italian Government.-News5 and Cour ie . W recked on a Eeef. NEW Yoi, Arl2.-The steamship Aguan, of the duras Central Amen can Canal Company left here two weeks ao with Warner Miller,President of the icaraugua Canal Company andpat who were going tjset the works On the morningoMac tl the Aguan was wrecked onPaacore reef 200 miles Northwest of Greytown. No lives were lost so far as known. la soon as the steamer struck the reef a life boat was sent ashore. It reached Gretwn on the 30th of MacAandoi the day following the steamer Brazo 0? the Moregan lfleft Greytown togoto the rescue of the assengers and crew of the Aguan. Te Braoisepcd back at Gryown today. TeChief Engineer of the Aguantegrpd these facts to his company's ofieto day. ________ The Plot MtscaZried. WHEELING, W. Va., April 8.-Miss Amy Morgan, daughter of a Wheeling banker, was seized at her father's gate by two masked men on Sunday night, who thrust her into a carriage and drove all night. At daylight thegil who was blindfolded, heard one o h men pounding at the door of a house. He came back and said: "We are here. The game is up." The two had a con sultat'n as to whether to kill the girl or let her go, and finally decided upon the latter course. The girl ran and walkedi ten miles, and then struck a railroad at Kilsey, 25 miles from home. She got back home at noon yesterday, exhausted. Jaggled Republican Victory. PROVIDENCE, IL.IL, April 3.-The elec tion returns available at 1 o'clock this afternoon make it certain thatthere has been no choice by the pepefor any oficer upon the genea tce.The republicans have carried a sufficient number of towns to giethem the fifty five votes necessary fra majort on joint ballot. The total number ofvoe for governor stands: Bur ,nationalist, 384: Davis, democrat, 22,24; Ladd, re publican, 21,895; Larry, prohibitioniAt 1,829. The next general assembly stands; Senate, repulicans; 21; democrats 9;.to be chosen 6. House of representative, republicans 34; democrats 23; to be chosen 19. severe Earthquake. UETBEC, April 2.--Last ennga ioln eatqaehere was fl l along the North shore of St. Lawrence and extended far into the back country parishes. News fromiSt. 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 prs o several seconds and caused teinhabit nsurreat alarm.