Norwalk Chronicler

Norwalk weekly gazette, Friday, May 26, 1893 · page 5

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J‘THE'FlNALliGUMENTS

.1 .‘ Dr. -' Briggs-land: .1 His Opponents in

_ ‘ LthofGiener'al: Atatfllbli’?
_ ‘ “mower ,

 

’ Should‘the Present Action Result in His-

Witlidrah’al from the Presbyterian

. Church He \Vohld Seek Recognitimi in
Some Other Religious Body.

WASHINGTON, May 26.—The General As-
sembly yesterday reached the conclusion
of the argument by parties in interest
upon the recommendation of the judicial
tom mittee that the appeal of the prosecut-

‘ ing committee from the judgment of the
New York presbytery in the case of the
Presbyterian church in the United States
of America against the Rev. Charles A.
Briggs, D. D.,v be entertained; - Professor
Briggs spoke‘altogether. four and a half
hours at. three different sittings of ‘the

"court. Colonel J. J. McCook, of the com-
mittee on prosecution closed the argument
on behalf of the prOsecution.

Dr. Briggs continued his argument as to
the right of the assembly to consider the
appeal, and then devoted his time to the
possible result of a condemnation Of his
inaugural address. He said in part:

“The appellants desire that there should
b: a distinct and definite condemnation of
the alleged errors of Dr. Briggs. But how
can the General Assembly condemn them
unless they are proved to be errors? How
can they be condemned as errors in an un-
lawful manner? Unless they are con-
demned in the form of laws. who will re-
spect such condemnation?

“The only sfiect of the adverse action
taken hitherto has been to call the defend-
ant to the defense of his inaugural and
win the support Of a host of friends all
over the land in defense of the rights of
scholarship and opinion.

“If this general assembly should over-
come all the right of the defendant and do
him the wrong of reversing his acquittal
by the presbytery of New York, is there
any likelihood that the defendant would
yield his opinions? Do you suppose that
Dr. Briggs would cease his teachings on
the meotcd questions? Would candidates
of the ministry cease to attend upon his
instructions? You know well enough that
none of these things could happen. '

“If, on the other hand, you should send
this (use where it belongs to the synod of
New York, and then, in the regular course
Of proceedure within the limits of our
constitution and with the guarding of all
rights, the supreme court should eventu-
ally condet‘m Dr. Bri gs and exclude him
from the ministry of the Presbyterian
church in the United States, the defendant
would acquiesce in the result and would
seek recognition by some other church of
Jesus Christ. _

“They ask you to make haste and settle
the dispute at the earliest possible day.
The defendant is more anxious that the
case should be speedily settled than the
appellants can be. But greater interests
than his own are at stake. He ’is called to
be the standard bearer in a battle for

truth and right. He cannot return his
sword to its scabbard until truth and
right have won. But such haste is in‘de-
cent iu the courts of law. Justice does
not hasten. Right does not speed, be~
cause \it is sure of ultimate vindication.

“The massive walls of law and equity
fran upon this appeal. Upon these battle-
ments the appellee takes his stand. The
constitution of our church is his banner.
Here he will remain standing whatever
may betide. He can do no other. Here
stands the presbytery of New York, which
has acquitted him. Here stands the synod

of New York, which has taken jurisdic?

tion of his complaints. Here will rally
sooner or later all who are loyal to Presby-
terian law and discipline, all who have
confidence in truth and scholarly investi-
gation; all who would advance in the lines
of ”the h'stogc fajfih and order of our
0, urch; a 1w 0 ice the peace and pros.
' _ ‘tyof the kingdom ofGod.”

é. Briggs closed with an appeal, touched

h a suggestion of pathos, that the case,

might go to the synod of New York. He
regretted if he had said anything that had
caused trouble in the church. N one re-
gretted it more t an he did. lie had
taught for twenty years at the Union
Theological seminary, he said appealingly,
almost pathetically. Only four other
chars of Presbyterian theology had
ta 'ght longer than he; only two had been
the instructors of more ministers of the
church than he. Of all persons that had
been taught by him he challpnged any of
, t m to say that he had taught them any-
t, that had interfered with the true
‘ _ cfarge of their hbly duties.
‘A te'r an interval of fiveminutes Colonel
:"J."J.3McCOOki:began4the’cl'osing argument
for the prosecuting committee, in support
of the recommendation that the appeal be
entertained.

The history of the case in its various
stages was recited by Colonel McCook,and
the regularity of the several steps firmly
maintained. Colonel McCook said: “Great
weight has been given to a technical ques-
tion raised in the interest of the appellee
and of delay, based upon a clause con-
tained in the fifth amendment of the con-
stitution of the United States, which is as
follows: ‘Nor shall any person be subject
for the same offense to be twice put in
jeopardy of life and im“.’ ~ ’lhise are not
criminal proceedings involving peril to the
life or limb of the appellee. They are pro-
ceedings to enforce a contract, or rather to
determine whether the contract has been

, maintained in all its integrity. ' If ~ it
s ould be shown that the appellee has not
maintained the contract in all its integ-

« rity, the loss of his ‘ecclesiastical life’
wouldmean simplythe loss of the benefits

1 which he at one time enjoyed under the

l calitract which he had broken.” ‘

. Colonel McCook next considered the plea

. that an acquittal by a lower court bars the

! right _of appeal, and asserted that such a'

, m 15 not true in fact nor sound- in law.

1l 6 discussed the operation of the law in

; church trials and the provisions of the

j o' urch constitution on appeals. It was

,; a regular, the speaker maintained,- for

f; the appeal to be taken direct from the

g presbytery to the General Assembly, and

f such a proceeding is not in derogation,

_ either of the rights or dignity of,the inter.

~' vening synod. In conclusion Cblonel Mc-
Ccok said there were special reascns why
. this appeal should be received by the as-
sembly without having first been taken to

y the synod of New York, saying that it is
imperatively necessary .1 that a final de-

> cision in this case'be reached at the earliest
possible date.

At 4:35, after having 92 ken an hour. and

twenty mintiteswolof ,‘l-McCooli’ yiélded

for a motion to- adjourn until ”8 'o’clock,
when he resumed his argument. . y .
The announcement by a committee ap-
pointed to interview Attorney General
Olney that the government would take

egal action to prevent Sunday opening of,

stilts W'orld's fair evoked." applause- .I
Read the Guarani.

 

 

 

naturism?

 

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Vmauucpgisuvo,

' The :HO'rseii‘Railway Com-03,"! En_-

join the Tramway.
». M'u'sic myths-Air. ‘

 

Late Wednesday afternoon Attorneys
Hurlbutt and Warner went to Budge-
port and secured from Judge F. B.
Hall an injunction, restraImng the
Tramway Company from continuing
their tracks through Wall street. Prior
to the arrival of the Injunction, Wall
street-was fairly alive » w1th Itahans
putting down the Tramway tracks and
both sides of the street were lined w1th
(spectators watching .the work. When
the first nail was drivena cheer went
up from the crowd showmg their sym-

pathies were entirely ,with_,the~ new,
road. When the news of an Injunction

having been granted was noised about,
the streets became packed w1th people.
and when Attorneys Hurlbutt and
Warner arrived at 10:45 p. 111. fully one
thousand persons were on the street.
As soon as constable Howard served
the injunction on Engineer H111 of the
Tramway 00., work was stopped, but
not before the tracks were laid from
the Opera House entrance to Betts Si:
Farrington’s grocery. . _ . _

The following. is the Injunction :

To the sheriff of the County of Fair-
field, his Deputy, or either of the Con-
stables of the town of Norwalk, In said
County,
Greeting : '

By authority of the state of Connec-
ticut you are hereby commanded to
summon the Norwalk Tramway Com-
pany, a corporation under the laws of
this statedocated and domg busmess In
said Norwalk, to appear before the Sn.
perior Court for the County of Fair-
field, on the first Tuesday of June 1893,
then and there to answer unto the Nor-
walk Horse Railroad company, a cor-
poration under the laws of.thls state lo-
cated, and doing busmess In said Nor-
walk,in a civil action wherein the plain-
tifi' declares and says :

On the 28th day of June 1862 “the
plaintifi', by an act of Incorporation,
approved on said day, was duly Incor-
porated, by the State of Connecticut
with power to construct a horse rail-
road in said town of Norwalk, between
its present depot on the highway'known
as Wall street, on deed along said Wall
and West avenue to the depot of the
New York and New Haven Ballroad
company, in South Norwalk, and to
construct and lay down, such turn-outs,
switches, and connections as might be
convenient and necessary and to mam-
tain and use said railroad, and carry
persons and property,by animal power,
thereon, for a compensation not to ex-
ceed the sum of five cents for eacn trip
or passage ; subject only to the condI-
tion that said turn-outs, or sw1tches
should be so located as not materially
to impair the usefulness of said high-
way ; that the said railroad should be
located, graded, and constructed under
the orders and direction of the select-
men of said town; that the plaintiff
should make good all damages to any
highway over which said read should
pass, and said highway be left. on the
completion of said road In as good con-
dition as when it'was located thereon,
and that the plaintiff-should thereafter
keep that portion of and street over
which its road should be laid down,
with a space of five feet on each Side of
its track, or way, in good and sufficient
repair. _

After the plaintifl‘ was 'so Incorpora-

ted, and during the same year, it 510- ‘

cepted said act of incorporation, con-
structed said railroad . between the
points, and upon the highway afore-
said, under the direction of said select-
men, and upon the location and grade
established by them, and fully. per-
formed, all the requirements of said not
of incorporation, and of thejlaws of this
state ; and expended in the work_ done
under the power and and authority so
given it, the sum of $50,000, and more.
Since the construction by the plan:-
tifi' of said railroad as aforesaid, It has
equipped the said road at great cost and
expense,to.enableit to perform all the du
ties imposed upon it by the terms of the
said grant of this state, to wit ; and has
at all times fully discharged all Its du-
ties to the public and to all persons ;
and is now able and'willing to perform
all its said duties ; and to carry on its
said read, to and from all points there-
on, all persons applying to it, to be so
carried, and to transport all property
offered to it to be carried thereon. \

After said first act of. -Incorporation,‘~

and on the 30th day of July 1872, the
State of Connecticut, by an act of Its
General Assembly, approved on said
last named date, amended the charter
of the plaintifi', and by such amend-
~ment gave the plaintiff authorIty to ex-
tend Its said horse railroad from said
Wall street through Main street and
the Wilton road, to Winnipauk, upon
the then existing grades of said streets
except where the same should be
changed by the consent of the Court of
Burgesses of the Borough of N orwal-k
in said Borough ; and of the Selectmen
of the Town of Norwalk, without the
limits of said Borough ; and bound and
obligated the plaintiff to keep In good
and sufficient repair_all that part of the
highway over' which said rallroBd
should be laid, together with a space
two feet in Width on each side of Its
track ; and to make good all damage to
any highway in which and railroad
should. be located; and to leave all

such highways, on the completion of J

said railroad In' as good condition'as the
same were when said road was laid‘
thereon. . - . v _

1 The plaintiff afterwards accepted and
amendment ,of its charter, and have

:since builtand equipped said road, and

expended therefor the sum of: $80,000
and more,.and.complied With all the re-
quirements of said act, and are, and
since the completion of . said road, has
been. using said read andeqmpments
for the purposes contemplated .by and
act, and b , such use,-has fully accOm-

modelled ,t a public travel on. said read.

All the aforesaid expenditures of the
plaintifl' in the building ofjsald horse
railroad and in ottuippmg- .and‘mam-
taining the same, ave been made be-
cause of said grants to it, by this State ;
and the right to have and enjoy the

Privileges thereby granted, without.

molestation by, or interference of, any
Person or corporation therewith, and
especially without the interference
hereinafter-complained of. , . _
Ever since said act of incorporation

and said amendnient thereof, the plain:

has had, and now. has, by virtue of. said
grants of power, and privilege, ' and

the acceptance of the some, and the

expenditures ‘aforeeaid, and the full
compliance on Its part with all the 1'6!

ing passengers and property.

 

 
 

 
 

*ZJ

- ‘3

quirements of said" act of Incorpora-
tion,_and said amendment, the exclu-
sive power and authority to have, keep,
maintain, and use a. railway for trans-
porting persons and pronoun-over and
upon said streets and‘" between the

: points aforesaid, and’sa'id right is the

property of the plaintiff, created by
,said grant of this State, and is of great

va ue. . .
' The defendants, by. their; officers,
employers, and agents ‘ have ~without
law or right, and contrary to the will
,of the plaintiff, and against its positive
orders, entered upon the said railroad
and tracks of the plaintiff, and dug up
said road to the depth of two feet, and
So as to make it impossible for the
plaintiff to drive its horses over the
'same, and have prevented, the plain-
tifi‘ from usmg Its said road Eas’by its
act of incorporation it is required to
use it, and have laid down a railroad
track upon theiocatlon track and road

'of the plaintiff; and threaten to con-

tinue to dig up the said railroad of the
plaintiff ; and to continue to hinder
and obstruct the plaintiff in the use of

"its said horse railroad, and to lay down

and construct their said railroad upon
the location, track and road of the
plaintiff and to run cars upon their
said road by electricity, over and upon
the said location, track, and road of
the plaintiff, and to take and carry
passengers and property from, over,
and upon said Wall street, and from
over and upon the streets and high-
ways on and upon which the plaintiff
has the exclusive right to take and
carry passengers and property by means
of a railway, and upon which it long
has been, and now is rightfully carry-

The defendant claims the right to‘do
all the acts and things complained of
herein without making anycompensa-
tion to the plaintiff for the injuries it
has and will sustain by the digging up
of its said railroad, and depriving the
plaintiff of its use of said railroad, and
without In any way compensating the
plaintiff for the use by them, of the
plaintiff’s road which it has graded,
constructed, and paved, at great cost
and expense; and without compensa-
tion for .the injury to, and destruction
of its said franchise. and property, and
its said right to transport and carry
passengers and property over and upon
‘said several streets and highways, and
without in any way relieving the plain-
tifi' of its obligation to keep in repair
the highway over which its said horse
railroad is located, and without in any
way relieving the plaintiff of any of
the obligations it is under to the pub-
lic, by its acceptance of its said not of
incorporation and the amendments
thereto. .

And the plaintiff says that if the de-
fendant is suffered to dig up the track
and road of the plaintiff. and to Oper-
ate and use said road for the carrying
of persons and property thereon, with
electricity as the motive power of its
said road, as It threatens, and intends
to do, the said railroad of the plaintiff,
and its franchise, granted it by this
State as aforesaid; will become of no
value ; and the plaintiff will be depriv-
ed of great profits and gains, which
otherwise they might and would right-
fully have made In operating and using
its said railroad ; and the obligation of
said plaintiff to keep said highway in
repair, and its liability for damages, to
persons and property, will be greatly
increased, and it will be unable to\per-

form its obligation to keep said-high?

way in repair, and will be compelled to
abandon the use of its said railroad,
and will lose all the moneys expended
as aforesaid, in the construction and
equipment of said road. " 2-5

THE PLAINTIFF CLAIMS. ‘

An injunction preventing the defend-
ant from in any way constructing Or
using, a railroad upon any of the high-
ways or streets on which the railroad of
the plaintiff is now located: and from
doing any act towardsthe construction
of such railroad.

2. An injuntion restraining the de-
fendant from constructing and doing

any act towards the construction of"

any railroad within the location of
the railroad of the plaintiff and within
five feet of the center rails of the
plaintiff’s road.
- 3. An injunction restraining the de-
fendant from constructing any street
railroad upon any of thestreets on
which the railroad of the plaIntifi‘ is lo-
cated, or_using any such railroad for
transporting persons or property there-
on; or doing any act or thing impair-
ing the franchise, rights, or property
of the plaintifi‘, without first making
compensation to the plaintiff therefor-
4. .Fifty thousand dollars damage. '

. ._ The plaintiff is of sufficient ability to, —.~ ‘4‘; .~‘——‘——_;_,:__ - 5
»' NUGG‘ETS OF NEWS.

prosecute this action without bonds. '
Hereof fail not, but service and re-
turn make.
Dated at Norwalk, May 24th, 1893.
. LEVI WARNER,
CommIssioner of the Superior Court,
for Fairfield County. '

STATE OF CONNECTICUT,[ ss Bridgeport,"
FAIRFIELD COUNTY, 5 May 24,’93.

Then and there personally appeared
Lev1 Warner, of Norwalk, and made
oath that the allegations in the forego-
ing complaint are true. ,

Before me, - F. B. HALL,

Judge of the Superior Court.

STATE OF CONNECTICUT,‘[ SS Bridgeport,

FAIBFIELD COUNTY. j May 24,’93.

It having been made to appear to me,
F. B. Hall, a Judge of the Superior
Court, by the oath of Levi Warner, of
N orwalk, acompetent witness that the
allegations In the foregoing complaint
are true, and the said Levi Warner, the
attorney of the plaintiff, appearing be-
fore me and praying that an injunction
may forthwith Issue to enstrain and en-
jom the said Norwalk Tramway com-'

'pany, andnall its‘ofiicers, workmen and
agents from diggingup an'y‘part of the
said railroad, railroad or track. of the

said NorwaleHorse Railroad company
In Norwalk, or any ofthe paving . of

. the said track, or constructing anyrail-

road or railroad track within the loca-
tion ofthe said Norwalk Horse Bail-
road company, _or doing any of the
acts or things complained of and charged
In the foregoing petition, until the
term of the Superior'Court next to be
holden on the first Tuesda of June,
1893,- and until said Court shall make
further order in the premises.

Therefore by authority Of the State"

of Connecticut, you, the said N orwalkf§
Tramway company, and your oflice‘rs '1

employers and agents, and all and?

every one of you, ‘nder a enalt of
$6,000, are hereby s rictly cfmmon’dgd.

. and enjoined that on do, fromllén'ce-

forth,,altogether a solutely desist'froin?

digging up the , railroad, of the Nor- .

walk Horse Railroad company, or, any
of the pavingpf ,‘said railroad company,-:
and from,domg.,a_ny act or thing to
wards the‘location or construction of

I finish that way.
. matter into court next Tuesday and have

 

any railroad within the limits 'of the

 

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cit; -- “
‘ ‘ ~

 

,

'.

locatidd'foifsaid Norwdlk? Horse Bail-

road rapidly, and from deing any-act

or thingytjowards the construction of.-a' .

railrol across the said railroad~ track
of said: company or upon Wall street In
the Borough of Norwalk, until the
meeting of the Superior Court in and
for the County of Fairfield, on the first
Tuesday of June, 1893, and until said
Court shall make further Order in the
premises. - . B. HALL,
Judge .Of the Superior Court.
To theSherIfi' of the County ofFair-
field, he Deputy, or either of the Con-
stables of the Town of N orwalk in said
County, , . ‘
Greeting; By authority of the State
of Connecticut, you -' are are hereby
commanded forthwith to give notice of
the foregomg order and injunctIOn to
the and Norwalk TramWay company,
by leavmg- with the secretary of and
company, or at his office, and If he be
not found, then by leaving with Win-
throp H. Perry, the attorney of said
company, or at its oflice, a true, and at-
tested Copy of the foregoing petition,
citation, and of this'Order.
9 Dated at Bridgeport, May 24th, 1893.
F.‘ B. HALL,
, Judge of Superior Court.
The above and foregoing is a true
copy of the ori inal complaint, peti-
tion, citation an order of injunction.
Attest; ‘ TIMOTHY S. HOWARD,
. '» Constable of Norwalk.

 

 

THE' VALKYRIE DEFEATED.

Prince of Wales' Brittania Wins the
' Thames Club Race.

LONDON, May 26.—The Prince of Wales’
cutter Brittania won the Thames club
race. and ‘the prince expressed himself
highly satisfied with the performance of
his boat, which was one of the three Scotch
cutters recently built on the Clyde for this
season’s racing. Lord Dunraven’s Valky-
rie, built to contest for the America’s cup,
was second; the Iverna third, and the
Calluna fourth. The unwonted interest
shown by the Prince of \Vales is supposed
to have been due to his intention to try to
beat Emperor William’s yacht Meteor
with the Brittania at the Cowes races.

The Official time was: Brittania, 5h.,
.‘36m.; Valkyrie, 5h., 33m.; Iverna, 5h.,38m.;\
Calluna, 5h., 54m. The first prize was
given to the Brittania, while the Iverna
took second prize on time allowance.

There was a grand race “between the
Britannia and the Valkyrie to get around
the Mouse lightship first. The Britannia
secured the honor by a narrow margin.
The turning was a marvellous change
from the old time sailing, for by her short-
ness and depth of keel each was enabled
to turn almost as if on a pivot.

Soon afterwards the Valkyrie began
closing the gap, and she was almost at the
heels of the Brittannia when her topsail
Was smashed. Then her bowsprit broke
Off short, bringing down everything. She
had to lay and refit almOst entirely before
proceeding. The Calluna went ashore at
Lower Hope Point, leaving only the Iverna
the chance of saving her time.

 

Mayor Stuart in Control.

PHILADELPHIA, May 26 —That complete
control of the city hall has been secured
by Mayor Stuart is shown by the sign
which occupies a conspicuous place on the
door Of the office occupied by the building
commission until the present time. The
notice is to the effect that all matters re
lating to‘ the public buildings will be
transacted in the office of the director of

public works. Allrthe books and papers

of the commission are now in the hands of
Director Wigndrim. Ear-Commissioner Hill,
in an interview, said: "Yes. they’ve got
the best of it now, but we don‘t propose to
We are going to take the

engaged five lawyers to conduct our case.”

Death of a French Statesman.

PARIS, May git—Camille Raspail is dead,
aged 66. He was still studying medicine
when the revolution of 1848 broke out. He
was extremely radical in his views and
played a conspicuous part among the
revolutionists. He was elected deputy for
Var in 1886‘and retained his seat until his
death, being a member of the Extreme
Left. In the period between the revolu-
tion and his appearance in the chamber he
published several scientific works.

The Champion Cruiser at Philadelphia.

PHILADELPHIA, May ‘26.—The return of
the crack cruiser’ New York yesterday to
Cramps’ ship yard was marked by enthus-
iastic cheers from the sailors of the Rus-
sian and Austrian war ships anchored in
the Delaware, while the river men went
wild with joy. But little more remains to
be done to put the vessel on the active list
of the new. and a few weeks will com-
plete the finishing touches.

The president has recognized Jose Maria
Borja as consul general of Ecuador at New
York. \

Fifteen thousand Russian prisoners, ex-
clusive of w0men‘ and children, areawait-
ing despatch to Siberia in the prisons of
Moscow. .

It is reported that the six robbers who
held up the Missouri Pacific passenger
train near Pacific, Mo., Wednesday night,
secured $12,000. .. ,

Judge Walter Olds, of the Indiana
supreme court, will resign from the bench

.to enter a law partnership with Charles F.

Griffin, of Chicago.

The president has appointed William E.
Quinby, of Michigan, to be envoy extra-
ordinary ‘and minister plenipotentiary of
the United States to the Netherlands.

The Calumet and Hecla (Mich) mine
strike is at an end. Suhh trammers asthe
company wanted were taken back. Quite
a number of the :leaders were discharged.

Pope Leo, in giving an audience to the
Vicomte Vogue, affirmed in more forceful
language than ever his view in favor of
the republic and of democratic institu-
tions.

Mr. Gladstone . has sent out a denial of
the report that he will propose- the making
of any special grant by parliament 'in
connection with the Duke of York’s mar-
riage. ' ' ' .

Starechowitz Lesche, a village of about
750 inhabitants, near Otmdtz, Moravia,
has been totally destroyed by fire. Four
persons lost their lives in the confiagra-
tion. ' '

A cable dispatch from Paris announces
:the death of Dr. Julius von Teufiel, of

,Stuttgart, physician in ordinary to ,King

Wilhelm, of Wurtemberg and diréctor of
Ludwig’s hospital. '

, The courtinartial which has sat in Tou-
lon to inquire into the wreck of the French
dispdtch boat La Bourdonais in a cyclone

,_ oi the island of St. Marie last. Match has

acquitted Commander Villaume -of all
blame. .

The police of Naples have discovered in
that city evidences of a formidable ' dyna-

-"jn'iite plot. Many bombs and materialsfor
Ashe manufacture of explosives have been

seized and several anarchists have been
mated.

 

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" lHighestrgf all, in,Leaveningfowe'néLatest U. S.-Gov’t Report. . "

 

 

T0 TAKE LEGlL’i‘ACTION‘
The District Attorney: Ordered to
Fight Sundayl.‘0pening.

mom: 1‘03ch Bmmircs‘ormn

Germany and Austria and Their Exhibits
to the Big Show—Pennsylvania’s Build-
ing to be Closed on Sundaysln-Any Event.
Fred Douglass Pesos as Uncle Tom. ‘

CHICAGO, May 26.—Tlie first shot in the
Sunday opening fight has, , been fired.
United States District Attorney Milchrist,
following a conference .—. with Attorney
General Olney, of Washington, has sent a
lengthy telegram of inatructions to ASSist-
ant District Attorney Hand in Chicago.
That official has already "begun the work
of drawing up a bill for an injunction re-
straining the World’s fair ofiicials from
opening the gates Sunday. ; The applica-
tion for an injunction will be filed in the
United States District Court as soon as
completed, which will be Friday or Satur-

r

\‘n . . A IR
., ism—:3; L'%\~

ass ‘

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,4.
.«-

 
 

 

A HEAVY CONTRACT. \’ ,
day. Mr. Hand said: “Congress provided
for Sunday closing without giving the
commission any discretionary power in
matter. This is the stahd'i we will take.
What the district 'court ‘Wil‘l decide is a
question. We expect to file , the bill in
time to secure an injunction'which will
close the gates this Sunday.” j

The officials in charge of the' [Pennsyl-
vania building at the fair have received
orders from the state executive'committee

to} keep the building closed on Sunday.

during the continuance of . the exposition.

The German Section .of. a 'cultural
buildings was thrown 0 ,en yes erday for
the first time. The fat re of the exhibi:
tion is a temple built _of solid chocolate
from the firm of Stolwerek Bros, of Col-
o no, and desgrves 9999?}. mé’ tion in con—
s _quénce of its peculiar ty. e temple is
built on the renaissance ,styl'eland covers
ten squre feet and a‘ heightjof. thirty-
ei ht feet up to the crown. ' The entire
qifantity of chocolate used intheconstruc-
tion of the pavilion amounts. to about 30,-
000 pounds, theimitatiou’of ,brown gran-
ite being so striking tha’t'a' person unac-
quainted with the facts would have a pre-
sentiment as to its genuineness. The
statue of Germanic, eleven feet‘high, are-
production of the Niederwald monument,
is one her work of the sculptor for . which
choco ate has been used instead of marble.

Aqstria’s contribution to the fl 9 art
disp ay was opened to the public uring
the afternoon. The Austrian exhibit is
not extensive, occupying Only three salons,
but it has been carefullyselfilted, and some
are great works of aft..: 6 fu‘dst coh-
spicuous in size, execution and subjects is
Brozik’s painting “The Defense Of Prague.”
He is the artist who pai.nted."‘Columbus at
the Court of Isabella,”" which is repro-
duced inColumbian stamps of the'United

tates. There are some gems of art loaned

:» rom the private galleries, of Emperor

Francis Joseph and ”Prince 'Lichens’téin," of
Vienna. The exhibit consists-_ of 180 ‘oil
and waters, fifteen pieces Off sCulpture in
bronze, besides etchings and engravings.

The Chicago columbian chorus 0f'1250
voices and the exposition; orchestra of 150
overbalanced by about 500 the auditors
who assembled in Festival'hall yesterday
afternoon to hear Haydenls oratorio, “The
Creation.” The solists were Mme. Lillian
N ordica, Whitney M‘Ockridge' and P.
Greene, with Mr. W. L.’Tomlins directing.
The entertainment was in all‘respebts the
finest of its kind thus fargiven. -

Fred Douglass posingas Uncle Tom was
one Of the features of a? remarkable scene
at the Woman’s building at: thefair to-
day, when Isabella Beecher Hooker un-
veiled a bust of her famous sister, Harriet
Beecher Stowe, in the library ream. Mrs.
Hooker has been waiting for some time
for the completion of'..-_thegroom‘and the
arrangements of the unveiling. 7Mr.‘ Doug-
lass heard of the proposed ceremony and
asked to be permitted tektitaud as Uncle
Tom. Mrs. Hooper gladly consented, and
the distinguished representative 'of the
race for which Mrs. Stewewrote was on
hand to fulfill his part of the-arrangement.

The men in the fair grounds, who wheel
visitors about in rolling. chairs, for a cash
consideration are verypartialtq ~lady pa.
trons, but when one is ’patronized ‘ by 200
pounds of feminine loveliness,‘as' shown in
the cut,‘he regrets the" order J forbidding
extortion. . ' '

The paid admissions-.toathefair yester- .

day were 38,174. ' _
Three Boys Drowned; -

BROOKLYN, May 26.‘-—~-Fre’d McGibuey, 14
years old; Thomas O’Brien, 12 years 61d,
and Joseph Gillinsky, 12 years old, were
drowned in the East. river last evening.
These boys, togethernwithfpur others,
hired a boat and started to row-up stream.
The boat was upset 'b'yithe ‘sw’ell froma
tug. Three of the bOYS‘fiahk.‘ but the
others grasped life preserve‘rs'thr'own out
by the crew of the tug and 'were'saved. - ,1

 

 

'Chlna . Awaiting Uncle Sam’s l'Bdeply.
LONDON, May 26.‘—+A'=le.dispatch' from

Shanghai ' says that'tli’e' 3‘4ideparture for

Washingtonof Yan Tsen, the new Chinese
minister to the United States, has been
deferred pending the Washington govern-
ment’s reply to China’s questions concern-

: -

 

‘iATAL FOREST, nus?“- “

 

AScOre' of People Lose Their Lives.

‘ " ‘by Flames in Michigan.
BAGINAW'S COSTLY VISITATION. ‘

Dvor Two Hundred Homes Wipod Out,
but Only One Life Lost in .1... City.
Flaming Timber in Other Sections of
the State Swells' the Death List. L ' ’

SAGINAw, Mich., May 22.—'l‘he great fire
)f Saturday afternooon was got under con-
trol at 8 p. m., having burned east as far
IS Weadock avenue. -,So far as learned
me life was lost, that of Robert Turner,
Imployed in McClelland’s file fac" "
was burned to death in front "
house. A fireman named McN‘i
[uite severely burned. '.1 .. ‘

There will be many cases ofdist ., - ut
the great majority of losses are distrib "ted -'
tmong people comparatively wellto .do.
[he heaviest loss is that of E. Germain,
which foots up to $350,000 and throWs 350
men out of employment. The total loss
will be $1,000,000. Over_200 residences were
destroyed. Many families left homeless
are dependent upon their neighbors and
friends for a night’s lodging. .

City Editor Goldie, of the Saginaw
Evening News, had an exciting experience.
His house was one of the many consumed.
For about and year Mr. Goldie’s wife has
been paralyzed, and is unable to help her:
self. When it became apparent that their
house was doomed Mr. Goldie went for a
carriage and carried his wife to it. He was
none too soon, for the flames were so near
that the vehicle was set on fire. The
rouple escaped safely, however, after a
sharp drive.

During the progress of thefire the ex-
citement was intense with groups gathered
on the sidewalks and lawns and with
anxious eyes watched the flames as they
Ipproached nearer to their dwellings.

In spite of all precautions, many lost all
their clothes, save what they had on, their
backs. Early in the progress of the'con-
fiagration the electric cars stopped running,
the near approach of the flames to the
power house rendering it necessary to close
down. The burning of Germain’simmense
planing mill was rather peculiar and leads _ ’
to the opinion that the fire was of incen-
diary origin. l
’ LAKE CITY, Mich., May 22.——A’ forest .
fire destroyed Louis Sands’ lumber camp
near here Saturday afternoon. Out of a
total crew of sixty :men forty-nine escaped
uninjured. Edward Sullivan was seriously
burned and ten are dead. or '- these . eight
took refuge in a well and were cremated
thereby the timber and curbing falling in
an them and burning. Two tried to run
the gauntlet and were burned to a crisp.
The dead are: Michael G. Pagen, Charles
Exter, James Hugh, Ed Roorbacher,‘John
Hill, Fred Sager, Hans Jacobson, married;
Frank ’ Sangreen, Mike Mulholland and
Samuel Campbell, foreman of' the camp.
The property loss consists of three horses,
forty hogs, camp tools, etc., and eleven
cars loaded with logs owned‘by th' . ayer
Lumber company. ' .

HOUGIITON, Mich., May 22.-A.terrible
bush fire raged all Saturday in Bullman’s
branch and Dollarday. Over '1,000»'acres
of hard wood, four houses and seven cars .
of the Hancock and Calumet railroad
were destroyed. Over thirty families had
to bury their household goods in the

round. Women and children were forced"

0 fight their way over two miles to Dol—

larday through suffocating heat and
smoke. Engineer Shea with a wood train
was surrounded by fire, but opened the
throttle and made a race for life, while his
brakeman jumped OE and escaped through

the wOods. r

CADILLAC, Mich., May 22.-—Terrible for
est fires are raging all around here. The
sawmill of Edward Margeridge, four miles
' south here, was burned on Saturday. ‘ The

 
 
 
 

City, was burned Fridé’y 'night, and four
men were burned to death. Eight others
are missing. The horses were all burned
and the camp totally deStroyed. A farm
house near Tusin was destroyed and the
farmer, his wife. and two children lost ‘
their lives. » '

Young Mrs. Blaino,to \‘led Again.

NEW YOBK, May 22.-—The Herald says:
"Young Mrs. Blaine is to change her
name. She is going to be married to Dr.
William T. Bull. Ever since Dr. Bull was
called in to attend Mrs. Blaine profes'sio'n—
ally. when she was lying ill with rheuma-I
tism at the New York hotel, ‘ there has
been a suggestion of romance about their
association. They only recently became
engaged. The weddingis fixed for. early
,anune. Mrs. Blaine obtained a divOrce
from young James G. Blaine a year ago -
last February. She went to Dakota" for
that purpose and her h’quand put is no
defense.” -

Killdd‘by a Bicycle. ,
NEW YORK, May 26.-— Ebward Clau-
schmidt, the 17-year-old son of 'a wealthy
widow living at 330 St. Nicholas avenue,

caused the death of Katie McGlylin, 9
years of age, whom he ran over'on his-
bicycle. ~ . ,

 

To Snub the Czechs.

 

VIENNA, May feta-Owing to, the ‘recent‘
outrageous misconduct of the young
‘- Czechs in the Bohemian diet at Prague,all
parties in the Austrian delegationhave

l reSolved to exc'liide the ‘young‘ Czechs ,, 1

l
.

. from all committeesof‘ the imperial‘dele-

Prince’s Creditors Will be Paid.
BOSTON, May 26,—The published re-
ports of C. A. Prince’s financial troubles
are said'by'his frierr 3-; to-bc somewhat ex-
aggerated. They I, ., ‘u that there seems

J‘ gations. " .

part of crgditors.

~—

 

Striking” for Ice _Wator.‘
BRIDGETON, N. J ., May 26.—Ni'nety em.
ployes atthe‘ Clark Window Light com-
pany’s, works stru'ck on account of the
firm’s refusing to furnish ice water in ti e
factory where they worked. ’ The fires
were out out. ‘ ’ .

Read the Guam.

 

plumber camp of .Louis .Sarnds, near-"Lake"

was charged with homicide for'havin’g. ' - I

, to be no necessity for apprehension on the .

 

 

 

 

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