The News and Observer
VOL. XXXVIII. NO. 63.
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ARMS FOR THE REBELS
A BIG LOT OF WAR SUPPLIES TO
BE SHIPPED TO COL
OMBIA TO-DAY.
DETECTIVES ARE ROW AT WORK.
They Will Attempt to Prevent the
Arms From Being Shipped—Attorney
General Gluey Will Demand an Ex
planation of the Meeting in Jackson
ville to Express Sympathy With the
Revolutionists—Attorney Clark and
Marshal McKay did not Participate.
New York, April s.— lnformation
reached the Spanish Consul that a big
I6t of arms and ammunition destined for
the use of the revolutionists in Cuba
would be shipped from this port to-mor
row.
This information was transmit
ted to Collector Kilbreth with
the request from the Consul
that he prevent such shipment if possi
ble. Detectives went to woik. In a
few hours they reported that they had
discovered that 1,000 stands of arms
and a half million cartridges had been
put on board the Atlas Line steamer
Alene, loadirg at Pier 55, North River
They a'so reported that the arms and
ammunition are destined for Savanilia,
Colombia. The Alene sails to-morrow.
Mr. Kilbreth found that he could not
prevent the arms from going out as they
are not shipped to Cuba.
The Spanish officials here feel sure
the rides and cartridges will eventually
reach the revolutionist’s hands.
Will Demand an Explanation.
Jacksonville. Fla., April s.—The
United states officials who attended the
mass meeting held in this city last night
to express sympathy with the Cuban
rebels, do not seem at all disturbed by
the report from Washington that their
presence at the meeting is disapproved of.
United States District Attorney Clark
and United States Marshall McKay,
when shown the dispatch from Washing
ton stating that Attorney-General Oiney
would demand an explanation, said they
did not think they had violated any of
the proprieties. They stated that they
attended the meeting merely out of idle
curiosity and took no part in the pro
ceedings. They say they did not vote
on the resolutions that were adopted.
In reference to the statement that At
torney General Oiney has received in
formation that the officials did not at
tend the meeting it is necessary to say
that if he has received such information
it is false. Messrs. Clark and McKay
were at the meeting. They do not den)
they were present and they came to the
Southern Associated Press Agent this
afternoon to explain their presence,
which explanation is given in the begin
ning of this dispatch.
In the report of the meeting sent
oat last night it was not stated that
Attorney Clark and Marshal McKay
took part in the proceedings, in the
sense of making speeches. Their pres
ence was simply noted as was that of
other prominent citizens of Jacksonville.
It would be interesting to know w ho is
Oiney's authority for the statement that
neither nor McKay was at the meeting.
They Did Not Participale.
Washington, April s.—This statement
was given out at the Department of Jus
tice to-day:
The Attorney General has received au
thentic information from Jacksonville,
Fla., to the effect that neither U. 8.
Attorney Clark nor U. 8. Marshal Mc-
Kay participated in the meeting of
Cuban sympathizers at Jacksonville,
Fla., yesterday and all reports to the
contrary are false.
WAS HIS OWN DETECTIVE.
The Murderer ol all Year old School
Girl Threatened with Mob Violence.
Baltimore, Md., April 5. Marshall E.
Price, charged with the murder of Sal lie
E. Dean, the 14 year old schoolgirl, at
Harmony, Casolirie county on March
26, was* brought to this city today to
protect him from mob violence.
When it became generally known that
Price was in jail at Denton yesterday,
the impression grew stronger that he
was the guilty party. The people be
came so excited toward night that the
authorities were compelled to spirit him
out of town aid remove him to safer
quarters.
It is almost universally believed now
that Price committed the dastardly deed.
He was a member of the Coroner’s Jury
which investigated the death of the girl
and first attiacted suspicion to himself
through his fondness for talk.
The detectives asked his oo operation
and made Lim believe that he was a
born Hawkshaw. He acccompanied ti e
officers to the spot where the murdered
girl was found.
“After 3,000 people have looked over
this place for clues, it remains for me to
find the knife which cut her throat,” he
said.
He then unearthed a blood stained
knife within 10 feet of where the body
was discovered. He also dug up a bow
of ribbou that bad been worn by the girl.
Afterward he remarked: “I have found
for you all except the club with which
the blow on her face was dealt and that
I am unable to discover.”
Price is a wheelwright and blacksmith,
23 years old, of Harmony. He was mar
ried a year ago to Miss Brodie, of Dor
chester county.
HANSOM IN MEXICO.
He Will Spend the Summer at Some of
the Mexican Resorts,
Special to the News and Observer.
Washington, April 5.
As expected, Minister Ransom arrived
in the city of Mexico late yesterday
afternoon, accompanied by Mr. Robert
Ransom.
Minister Ransom, it is said at the
Mexican Legation here, will be formally
presented to the President to-day by the
Minister of Foreign Relations. The Min
ister has been advised by physicians not
to remain in the city after the first of
May. This is the custom in Mexico as in
Washington. The city is bare of am
bassadors in the summer, and only sec
retaries of the Legations remain. The
foreign ministers generally go to a resort
in the county in which they are sta
tioned so that if they be needed about
important matters they can be soon at
the capital.
Minister Ransom has not fully decided
where be will go for the summer though
it is thought he will go the same seaport
at which the minister from Great Britian
visits.
* * *
Miss Beulah Sanderlin, daughter of
Dr. George W. Banderlin, Deputy Third
Auditor of the Treasury Department, re
turns to-night from a six month's visit to
friends and relatives in North Carolina.
* * *
Mr. L B. Eaton, who has been in
North Carolina, visitiug his old home in
Wairen county for the past two weeks,
returns to morrow. Mr. Eaton has been
quite sick while at his home.
* m *
David B. Hill makes a bid for South
ern support for the nomination for
President in 1896, in the following let
ter to the Washington Post:
“I have perused with much interest
your article entitled ‘A Southern Demo
crat for 1896.’
“It is able, creditable and timely.
Any policy which seeks to debase an
otherwise acceptable candidate, simply
by reason of the section of country
wherein he lives, is unpatriotic, unwise
and un-American and I am opposed to it.
.‘This is no time for the toleration of
sectional prejudices, jealousies and ani
mosities The existing political condi
tions demand that the party should have
the whole country to choose from. Let
there be a free field, a fair contest, and
may the best man win.
“This is my democracy, and these are
my sentiments, briefly and hastily ex
pressed.”
SUN’S COTTON REPORT.
Bullish liilluentf's Predominated and
Futures Advanced 7 Points.
New York, April 5. — Cotton fell 3 to
4 points, but recovered this and rose 3
to 4. closing steady, with sales of 67,200
bales. New Orleans declined 1 point on
May but recovered this, and May ad
vanced 2to 3 points. Liverpool declined
l-32d. on the spot, and 1-2 to 2 points
for future delivery, closing steady, spot
sales of 12.000 bales. New Orleans was
weak on the spot, but the sales there
were 9 000 bales. Silver declined l-Bd.
Dry goods firm, better demand. At Fall
River sales of print cloths, and prices
very firm
Spot cotton here was dull and un
changed, with sabs of 62 bales for spin
ning and 200 delivered on contract. In
Manchester yarns were easier, but with
out quotable change; cloths quiet. The
Southern spot markets were generally
dull and unchanged. The receipts at
New Otleans tomorrow estimated at
4,000.
To-day’s Feature".
Bullish influences on the whole were
predominant, although early in the day
there was some decline due to a fall in
silver and weaker tone at Manchester
and Liverpool. But in the afternoon
the market took an upward turn and it
closed 6 to 7 points higher than the
low'est figures of the morning.
This is explained by the timidity of
the bears quite as much as by anything
else. They are, as a rule, afraid to go
short. They may argue volubly that the
price is too high; that the acreage is not
going to be reduced; that the outside
public are not baying, but in reality they
lack the courage to embark in short op
erations on a large scale.
Besides the stocks at the interior
towns were expected to fall off for the
week about 30,000 bales, and though
Liverpool was lower, there was a good
spot business there, and much the same
may be said of New Orleans. Cotton is
leaving the country in large quantities,
the season is admittedly backward and
the South bought moderately. Some
local operators who bought in the morn
ing sold in the afternoon.
There is no evidence that cotton lacks
strong support. Some are estimating
that the crop will exceed, 9.750,000 bales
but bulls regard this as an old story and
continue to stand by their guns.
SHOT HIS OWN FATHER.
A Son Uses His Revolver ami Gun to
Protect His Mother.
Columbia, 8. C., April 5.—A special
to the State from Greenville, 8. 0.,
says : Pinkney Dill, a well known citi
zen of the upper part of this county was
shot and fatally wounded Wednesday
night by his son, Furman Dill The
elder Dill was drunk and had driven his
wife from home.
She took refuge with her son who lives
not far from her husband’s house Her
husband pursued her and w r as entering
Furman Dill’s house, threatening and
cursing and with a drawn knife, when
Furman shot him twice in the breast
with a revolver and then in the back
with a shot gun. The wounded man is
reported to be in a critical condition.
RALEIGH. N. C.. SATURDAY. APRIL 6, 1895.
WILDE LOSES HIS SUIT
TIIE QUEENSBURY LIBEL CASE
ENDS IN A VERDICT FOR
THE DEFEND VNT.
WILDE ARRESTED AND LOCKED UP.
, The Marquis of Quecnshiiry Loudly
Cheered and the Epigrammatic Play
wright Compelled to Pay the Cost—
Mr. Carson Says He inn Produce
Overwhelming Evidence ol It tide’s
A bomina hie I at m ora I it y—-Sc ve ra I
Other Person* to be Attested.
London. April 5. The case of Oscar
Wilde against the Matquis of Queens
but y for libel, was brought to a close
this morning in a verdict in favor of the
defendant.
The jury found not only that the de
| fendanc was not guilty ot libel, but in a
j i-übsidiary verdict, declared that the
| Marquis of Queensbury’s charges were
i true and had been made for the public
i good.
The Old Bailey Court room was
I crowded almost tosulTocation this morn
| ing when Mr Carson resumed his speech
in behalf of the Marquis of Queensbury.
It would be his painful duty, he said, to
put upon the witness stand men who
would speak freely of the nature of their
connection with the plaintiff Wilde.
The ages of the e men varied from 18
to 23 years. They were of the class of
servants, valets, etc., not belonging to
Mr. Wilde’s station in life, not inter
j esied in literature or art, yet they
| addressed this distinguished dramatist
1 by his Christian name, Oscar, he in
i turn calling them Charlie, Freddie, etc.
I Mr. Carson said he would produce over
whelming evidence of the abominable
I immorality of this man Wilde.
Sir Edward Clarke interrupted Mr.
| Carson and said he had undertaken a
I great responsibility in defending Wilde
i against tbe charges made against him by
i the Marquis cf Queensbury. In regard
j to the literature which Wiide had pub-
I lished and upon which Mr. Carson had
j questioned him, he (Sir Edward), had
\ come to the painful conclusion that it
! could not be expected that the jury would
find a verdict of guilty on the actual
| words used by the defendant, viz: That
1 Wilde was posing as a devotee of unua
| turai practices He had consulted with
j Wilde in the interest of the adjournment
I of the court and in order to save the
court the painful details connected with
| the rest ot the case he was prepared to
S accept a verdict of the jury in regard to
Wilde’s literature.
The Charges were True.
The Judge interposed and said if the
i jury were justified in agreeing upon a
! verdict on one part of the case they must
| return a verdict of guilty or not guilty
I as regards the * ntire case.
1 The jury then render*d a verdict of
j not gu tty, to which Sir Edward Clarke
! assented, and supplemented their verdict
I with the declaration that the charges
j made by the defendant against Wilde,
j which constituted the libel complaintd
I of, were true, and that they had been
made in public interest.
When the verdict was rendered the
Marquis of Queensbury left the dock
amio ioud cheers.
The Judge granted au order requiring
Wilde to pay the costs ot the defense.
Mr. Wiide was not in court this morn
ing.
In an interview this afternoon the
Marquis of Queensbury said :
“1 have seat this message to Wilde:
‘lf the country allows you to leave, all
the better for the country; but if you
take my son with you, I v ill follow you
wherever you g » and shoot you.”’
Sworn information has been lodged
against several persons mentioned in the
trial, some of whose names were not
made public, and the civil officers are
j only awaiting the authority oftheTreas
i un Department to make the arrests
W tide Arrested biu! in Jail.
After lunching at the Holbern Hotel
J Wiide went to the Westminster Bank,
I where he drew out the funds to his ae
} count He was constantly shadowed.
| He returned to the hotel, accompanied
jby Lord Alfred Douglass. Remaining a
j few minutes they drove to Ely Place and
| thence to the Cadognn Hotel, where ;
| they vanished for the time and the po- I
lice issued descriptions of Wilde, spread i
ing them all over the city.
Later he was found in the Cadogan I
Hotel, taken to Scotland Yard, and af
terwards placed in a cell at the Bow
street station. B. fore being locked up, i
the charge, indicated by his testimony in j
court, was read to him. He stood w ith
his hands in his pockets, silent and ap
parently unconcerned. Tbe warrant for
Wilde’s arrest was procured by Mr.
Lewis, solicitor of the treasury.
One of the managers of the Hay
market Theatre, where one of Wilde’s
plays is running, in reply to the question
how the result of the case would affect
future business, said he would rather
not express an opinion. He would say,
however, that Mr. Wilde’s name had
been taken out of the bills and advertise
ments ot "Au Ideal Husband” and from
this the public could form it’s own con
clusions
Mr. George Alexander, managerof the
St. James theatre, where Oscar Wilde’s
play, “The Importance of Being Earn
est” is running, said “when this
scandal was first rumored, business here
was slightly affected, but it is now r nor- i
mal. Mr. Wilde’s name has been with- j
drawn from the bills and advertisements
of his comedy, which is the most inno- j
cent play in the world. It does not con- j
tain aline that could hurt the most ten- j
der susceptibility.” He said also that 1
I the play would be kept on the stage,
; p aiding the public verdict. If he should
lie compelled to withdraw it, some 150
j persons Would be thrown out of work,
as he had nothing ready to replace it.
It. is reported that the Criterion, to
which “An Ideal Husband” was to be
transferred from Hie Huymnrket, has
. declined to put Hie play on it’s stage.
BASEBALL IN THE NO I I'll.
' Dallas, Ti \ii«, Trutn Defeated Ihc
Richmond state League Tram.
Richmond, Vit. , April 5. In a poorly
played and exceedingly uninteresting
game of bail here tins afternoon, the
Dallas, (Tex.), team defeat*d the Rich
mond State l eague club hy the fallowing
score:
Richmond, *
Dallas, 8
Batteries: Gibson, Flynn and Dins
more; McMackin, Woodruff and lb dgc.
Boston 17: Lynchburg O.
Lynchburg, Va., 5. The Boston and
Lynchburg ball teams played a game
here to-day, the Beau ealers winning by
a score of 17 to 8. Wild pitching by
Gray, of the Lynchburg", gave Boston
12 runs in the iirst two innings, after
that tbe game was interesting. Score :
Boston, 17; Lynchburg, 6. Batteries:
Lynchburg Gray, Utter, Orth and
ScLiabcl. Boston Sullivan, Hod son,
Dolan, Tenney and Ryan.
Philadelphia 1); Petersburg I.
Petersburg, Va., April 5 —The Pbil
-1 adelphia’s, of the National League,
j played their second game with the Pe
; tersburg dub to-n’ay. The game was
; close up to the fourth inning. Forman
i had the heavy hitters down to scratch
| hits up to that time. Thomas relieved
! him in the fifth, but was very wild, al
lowing four bases on balls and a couple
of long drives over left field fence, net
ting the visitors six runs. Petersburg
could do nothing with Weyhing’s puz
zling delivery. Scoie :
Petersburg, * 0 0 I 0 0 0 0 0 o—l
Philadelphia, 0 0 0 0 6 3 0 0 x— 9
Batteries: Forman, Thomas, Packard
and Hayden; Weyhirg and Buckley.
Washington IO; Norfolk 5.
Norfolk, April 5. —The Washingtons
of the National League and Norfolk’s of
the Virginia State League played one of
the poorest games of ball of the season
; here to day in the presence of about 300
j spectators. There was no ginger dis
played by either team and about the only
features were the two running catches of
Selbieh, of Washington,ink-ft field. The
score!
Norfolk, 11 000Q1 2 0- 5
Washington, 1322 11 0 0 x—lo
j Be teiiee: Herr, Palmer and Tenley
’ and Grier, Krumm and Hasimer.
Pittsburg* at Charlotte.
Charlotte, N. C., April s.—The
1 Pittsburg team showed fine form to day.
j The regulars won easily, Smith making
! two home runs. The Pittsburgs left for
j Danville to-day and will play there to
morrow. Score:
Regulars, - 0 0 0 1 0 4 2 1 x—B
Oolts, - - 0 0 0 0 1 0 1 0 o—2
Batteries: Hart and Kinslow; Kilien,
Cclcolough and Mack.
Lancaster 8; Portsmouth 7.
Portsmouth, Va., April 5. —The game
| betwee n the Lancaster Club, of Lancas
ter, Pa., and the Portsmouth League
Club was closely contested and was wit
nessed by several hundred people. Score:
Lancaster, 1 0 0 0 3 0 3 0 I—B
Portsmouth, 2 3 0 0 0 0 2 0 0— 7
Batteries; Yerbs and Anthier; Calla- !
j han and Quinn.
ANOTHER RECORD RUN.
The Southern Reached Washington 25
Minute* Ahead of its Rival.
Philadelphia, April s.—The close of
the principal hotels in Florida on Tues
day gave tbe rival railroad lines another
chance for a nothward record run with
special trains carrying the help first re- i
leased on closing.
j Both lines started their trains from
j Jacksonville at 10 o’clock yesterday
j morning, and the Florida Short Line,
j the “F. C. & P. Ity.” and the Southern,
j the former from Jacksonville to Colum
i bia. and the latter, from Columbia to
j Washington, delivered their train to the j
| Pennsylvania Railroad at Washington I
i to day r*i that it arrived at Philadelphia j
; at 11 o’clock this morning, twenty-live j
: hours from Jacksonville, and having on :
board 12!) passengers
The train on the Atlantic Coast Line !
f arrived twenty five minutes later, and
the i‘.vo were consolidated here and
hauled to New York as one train.
rot r tramps w as killed.
Fatal Wreck of a Freight Tiaiu Unused
hv a Broken Truck.
Alton, Pi*, April 5. —Four tiamps
were killed and fifteen others badly in
jured in a freight train wreck on the
Chicago and Alton road near here this
morning. It is thought the wreck was
caused by a broken truck, which allow* d
a dozen cars to pile up in a heap.
It is estimated that over seventy the
tramps were stealing a ride on the train.
When taken out four of them were dead.
The injured men were brought to the
hospital in this city and the inquest held
at East Alton.
At the inquest the names of two of
the men kilhd were found to be David
Hoffley, Watertown. Wis., and Frank
Harriman,. Philadelphia, Pa.
The injured men hail from points in
Ohio, Kansas, Illinois, Texas, Massa
chusetts, New York and Germany.
Several of them are not expected to live.
Asheville, N. O , April s. —The Gov
ernor has comrnund the seuter.ee of
Billy McDaniel, sentenced to be hanged
April 12th, for murder, to imprison
ment for life.
MARKED IMPROVEMENT
EVIDENCES of continuation
OF A BETTER FEELING IN
TRADE CIRCLES.
LABOR TROUBLES ARE SETTLED.
The Return of Good Weather and the
Continued Strength ol Cotton Hare
Done Much to Stimulate Busi
ness—Less improvement in the South
Ihnn I'.lsru here—Ruins Have Fallen
in the Northwestern W heat Region—
-7 he Demand for Money is Deft* r.
New York, April 5. —R. G. Dun A
| Co.’s weekly review of trade to morrow
| will say:
Returns of the highest importance
given this week show the condition of
retail trade in March throughout the
j country and the distribution of goods to
: final consumers in comparison witli the
same months in 1894 and 1893. While
the returns cannot be condensed into a
j single comparison, and in view of
widely differing conditions in different
i sections and branches, might in that
' form be the less useful, there is gratify
i ing evidence that in most trades and dis
| tricts marked improvement over 1894 is
i realized, though, on the whole, trade is
smaller than in 1893.
The best news from the industries is
that labor troubles have been s tiled * r
avoided, Mahoning iron and Eastern
wooltrt mills being again in active opera- I
tion. Next in importance is the demand
for many manufactured products which
gives greater reason to hope that recent
advices from the bottom may prove suc
cessful
Following the rise in coke there has
been this week sales of 2,0( 0,000 tons
of lake ore at about 15 per cent, advance,
: and finished products are no longer in
! Active, Bessemer iron rising to j
#10.65, grey forge to 9.25, common !
| bar to 95c, structural angles to #1 05
and plates #1 per ton. Chicago shares
in the rise and Illinois Steel Company
has achieved a notable success in taking
the contract for steel plates for ship
yards at Newport News. Eastern works j
gain more slowly, notwithstanding the \
low price of anthracite coal.
The production of Connellsville Coke j
! for the week, 10 s -', 101 tons, was the!
I largest on record, but there is some fear j
! that higher coke and ore may close some j
j works.
j Copper is firmer, us sales of the stock j
taken from the French syndicate re- i
moved a load over the market for the 1
i past six years, and tin has been stronger j
: with tin plates because of purchases tor j
Pacific canners.
The cotton manufacture, once stimu
Uted by tbe rise in raw cotton, goes on j
! gaining, though cotton has halted.
■ Better demand appears for many qua lb j
; ties, and in seine slight advances in j
price.
Commercial failures in the first quar- {
| ter of 1895 numbered 3,802, with liabili- j
ties of #47,813,683, averaging #12,600
each. There were also 35 bank failures, j
with liabilities of #12,682.537, cr #369,-
000 each. If both were dumped together
as in other reports they are, the ag j
gregate of liabilities here reported would ]
be #60,495 220.
The demand for money is somewhat
better, bur since April Ist less increase
is noted in commercial loans.
Bradstreet’s Review.
New York, April s.— Brads’reets to
morrow will say:
The appearance of more settled weath- i
er, together with the continued strength
of cotton, stimulating manufacturers to
demand higher prices for fall delivery, 1
rains in northwestern wheat region,
where greatly needed, further increases ;
in wages of industrial employes, heaviest
shipments of wheat abroad, and the rush
of the volume of the week’s bank clear j
ings above the #lB billion mark, are evi
dences of the continuation of a better
feeling in trade circles and returning con- ;
fidence in many lints of business.
Rather less of improvements in feel
ing and volume of distribution of mer
| chandise has been felt at the South,
j during the past few weeks, than else
| where, the Central tern and some
j Eastern indu-trial ao i commercial cen
\ tres continuing to report great increases
i in demand and pro.-peels
Trade has been lair at Charleston,
j where demand is n bttivdy best of phos
| phates, and there is imptovi irnnt at
Memphis and Nashville under the
I weather stimulus. No change is report
ed from Augusta; at Savai nah business
is quiet, except the na val stores, while
at Jacksonville the volume of trade has
decreased. There is a better request for
dry goods and groceries at Atiaufa.
where one cotton mill is doubling its
capacity.
Wholesale business at New Orleans
and at Galveston shows moderate im
proveinent, dry goods and groceries re :
eeiving perhaps most attention.
A Distinguished Physician Hurt.
Washington, April s.—Dr. S. C.
Busey, one of the leading physicians of
this city, fell dow n the elevator shafr at
the Concord Apartment House to-day
anti was dangerously injured. His head
was cut and his thigh was broken at ti e
hip .-oeket. Dr. Busty presided over
one of the most important sections at
the international medical congress held
ia Washington some years since.
Second Heading ot IrixhUand Rill.
London, April s.—la the House of
Commons to day the Irish Land Bill was
read a second time without division.
PRICE FIVE CENTS,
MR. OSBORNE’S REPLY
I The Governor Can Proceeding..*
to Nullify the Preference Act.
Raleigh, N. C., April 5.
To His Fxtdhncy, Elias Carr , Gov
ernor of North Carolina •
Dear Sir : Your letter of yesterday
I was received tins morning. In it yon,
| request me to “investigate the question
j whether a proceeding cannot be insti
i tuted in behalf of the s;ate against the
j Secretary of State, as a nominal defend
! ant, to restrain him from furnishing for
; publication the act known as ‘An act to
i regulate assignments and other convey
j ances of like nature in North Carolina’
I until it could be determined whether it
passed the 1/ gislature and whether its
j enrollment was precured by fraud on
| forgery.”
In compliance w ith the request of your
Excellency, 1 have investigated the ques
| tion as far as I could within the limited
! time suggested in your letter, and have
j reached the conclusion that no such pro
I ceediDg as the odc mentioned by yon can
be maintained. After a thorough search
I can find no authority in our State or
elsewhere to sustain if, and I cannot see
how the State, as a person, distinguished
! from its citizens is interested in the
question. As you are aware, the action,
j if brought, would have to be brought in
i behalf of the State with you as the rela
j tor of the plaintiff, and ire as counseL
) There is in my opinion nothing in the of
ficial duties of either of us which re
quires us to bring proceedings in any
court to nullify au act of the Legislature .
whether legally passed or not.
But I do find authority in our own
State for a proceeding of another char
acter, which may effect the desired pur
pose, and afford a relief to cur people
against the infamous ontiage that has
been perpetrated upon them. I think
any citizen, in behalf of all others, may
bung the action ytu suggest. Sachs
proceeding in the nature of a manda
mus has been allowed in onr Courts in
the case cf Scarborough vs. RobinsoD,
| 81 N. C., page 409; Perry vs. Whitaker,
| 71 N. (’., page 475, is somewhat analo
goes. Besides, 1 find authority in other
| states to the same effect. Among others
| State vs. Cuningham, 83 Wisconsin, page
90, (35 American State Reports, page
I 27); Wise vs. Bigger, 79 Virginia, page*
: 269.
There is nothing to prevent your Ex
: cellency, as a citizen, in behalf of all
I other citizens, from bringing this action,
and if you will permit me to go beyond
j my duties as your legal adviser, I take this
opportunity to say that you, as our most
prominent citizen, are the proper per
son to do so. If your Excellency should
decide upon the course recommended,
the whole matter will come before the
| courts for decision, and I, therefore, ex
, press no opinion upon their right or
power to go behind the ratification of an
act of the Ia gislature,and inquire whether
i or not the requirements cf the Constitu
tion were observed in its passage, but
i confine myself to vhe question asktd as
to the method of procedure. lam the
| more reserved because I hope to appear
j as counsel for yon in the cause.
• You rs re t pe cf fu’ly,
F. I. Osborne;
Att» rney General.'
FATAL RAILROAD WRECK.
The Engineer urn! Three Pasnengern
Killed, Three Other* Will |)k- a
Zanesville 0.. April s.— A t Whig--
ville, five miles we.ri of Summeriidd, on
: the Bdiaire, Zanesville & Cincinnati
Railway, au awful wreck took place to
day.
The coach on the west-bound passenger
train jumped the track just before reach
ing a trestle which spans a small stream.
The structure is built ou a curve, and
the coach, after running along the ties
until almost across it, dragged tbe en
gine from the rails and the trestle went
down.
The engi. ter and firemen both remain
ed at their posts. The former was in
stantly killed ami the latter badly injur
ed The engineer was Eli Lucas, of this
city. A wife and several children sur
vive him.
Eli Lucas, of this city, engineer, a
wife and iwo children survive him.
Henry Brown, of Brownsville, and
Mrs. Nathan Young and infant daugh
ter, from Summerfiehl. Nathan Young,
husband of the woman who was killed.,
had his foot badly mashed.
Others it jured are: Joseph Den non.
of Burnsville. Ohio, and Frank Ballard
of Summerfield, Ohio. Fireman Jones
is badly mangled. It is now believed all
three will die.
SHORTAGE IN THE MINT.
Over SOO,OOO Ik .IliKKing and uw Em
ploye is Suspected.
( arson, Nev., April 5.--Shortages ap
proximating $90,000 have already been
found in the mint bySupt. Mason, of the
government assay office of New York,,
who is here in charge of the investiga
tions.
All the melts have not been examined
and the secret service agents under con
trol of Agent Grant, of Chicago, will
probably make some important arrests
soon.
The shortage on one melt alone
amounted to #22,000. It is reported to
contain 2,200 ounces of metal, half
silver and half gold, but it had only 40
ounces of gold.
One of the mint employes under sus
picion is John Jones, a melter and re
finer, who is said to have been spending
#SOO to #6OO a month on a salary ot
#125.