MCHENRY PUINDEALER ?• McHENRY PLAINDEALER QOi lICHENR*, am ILLINOIS. TPS 0 ^^ttaorge W. Parka, since 1850 a resl- feat of Bloomlngton, 111., died at his heme. He was 87 years old and a plo- &eer merchant of central Illinois, hav ing settled in Metamora in 1840. Harry Wilfred Dupuy, a Yale senior, Whose automobile killed Ditmas Thorpe Munro of New Haven, Conn., li said to have given the heirs $5,000 fei settlement Richard Payne, a bartender, was t/bct and Instantly killed at Pueblo, OeL, by Clara Humphrey, who said ah* shot him because he owed her $1.66. Daniel Webster's barn, four and a half miles north pf Alexandria, Ind., burned. His son Arthur, 30 years old, who had been sleeping in tha barn, perished in the flames. The safe of the H. S. Lundy bank at Sock Island, Tex., was blown open by professional burglars. They secured all of the money in the vaults. Mrs. P. J. Henderson, wife of a termer at Carlock, Tenn., was found murdered on the mountain side near her home. She had been shot, the bullet penetrating the heart. A sum at money which she was known to have was missing. Burglars dynamited four safes In (ha office of Walker & Stratman, soap manufacturers, at Pittsburg, Pa. They aacured $600 and did $6,000 damage to tha building. While celebrating the marriage of Jbhn Wojtko at Reading, Pa., John ltortura and John Odiajansky became Involved in a quarrel with the bride groom, who was beaten to death with A Club. Albert Salesman, a farmer near Brazil, Ind., was killed by a tree fall ing on him in the woods near his home. Amos Clark of Centralla, 111., cele brated his 96th birthday anniversary With a dinner, at which the annual watermelon saved from the summer arop was served. Secretary Moody resumed his offl- alal duties at the navy department af ter an absence of several weeks in the wast and in New England where ha look active part in the political cam paign. Nathaniel Clark, a farmer of Schuy ler coupty, 111., was killed at a Wabash eroe&ing east of Clayton. He tried to drive across the track ahead of a train and was struck by the pilot and knocked 70 feet. Congressman-elect Robert N. Nevin at Dayton, Ohio, has announced him- aalf a candidate for the Republican gubernatorial nomination. "The Oaks," the historic Kimball homestead on Prairie avenue, Keno- aha, Wis., was destroyed by fire. The loss is $11,000; insurance, $5,000. "The Oaks" was built in 1837, being the first house in that section and the first house of note in Kenosha. Official returns from Oklahoma in dicate beyond a doubt the election of B. 8. McGuire, Republican, aa dele gate to Congress, over W. ML Cross, Democrat, by a majority of about 300. If Republicans unseat Teller men in tha Colorado house, the senate, which li strongly Democratic, threatens to deadlock the legislature, so it will be Impossible to elect a successor to tana tor Teller. Charles W. King, engineer on tha Chicago & Northwestern road, was in stantly killed at Kendall, Wla., by be- iag run over by a car. In order to wind up the business of Hoyes Brothers, one of the largest man's furnishing concerns in Boston, Mceivers have been appointed. In a row between George Perkins and Robert Beck at Conroe, Tex^ Back was shot and instantly killed. Leslie Robertson, colored, for in sulting Alma Rose, a white girl, who had called at a doctor's office at Pa- ducah, Ky., was fined $100 and sent to Jail for fifty days witain half an hour after the occurrence. At a dinner given at Paris by For eign Minister Delcasse to King Charles of Portugal MrB. Porter, wife Of the American ambassador, occupied the place of honor on the right of M. Delcasse. Mme. Delcasse was seated H the right of the king. The Rev. W. C. Rabe^ pastor of the Oarman Baptist church, Omaha, and Miss AuguBta Busch, missionary, were found dead in each other's arms in the former's church; the pastor is be lieved to have turned on the gas to and their lives; he waa married and Miss Busch was his assistant. While attending a dance at Hllger, Tax., John Haddock and Charles Clan- ton became involved in a difficulty in which Clanton was shot three times and fatally wounded.. Haddock has baen lodged in jail. In the district court of Medina ttuuty, Tex., K. L. Perkins recovered ft Judgment of $7,000 against the Southern Pacific, alleging injuries to hie spine while lifting a steam chest. Rear Admiral Robley D. Evans has aasumed command of tha Asiatic SQuadron. The coal strike arbitration commis sion has ended its fn6pection of coll- tsrles by visiting Panther creek val- i«y. The members have entered a to tal of seven mines and will begin hear- . Jag testimony at Scranton November li. Frank Lee, white, wa3 shot and Instantly killed by Jesse Brown, col ored, in a gambling house at Coffey- Vllle, Kas. v The Royal Circle, a fraternal bene- '< Salary society, in session at Spring- field, 111., Is considering the question of. advancing assessment rates. A new Canadian transcontinental railroad will be built from Quebec ta Port Simpson. It will be 248 miles shorter than the Canadian Pacific, and will offset the Russian Siberian line as England's military road con* •v gtruction • Hm already begun. Two workmen who ware walking <?cwp the Jamesitown and Franklin tracks at Ashtabula, O. were Instant ly killed by an engine. One was Fr&nk Linsler of Ashtabula, and the other was Charles Sinkler at Foot* villa, Trumbull township. The British ship Riverside, In port at Astoria, Ore., reports that Novem ber 3 it spoke the British bark Clydes dale, 122 days from Newcastle, Aus tralia, to San Francisco. The Clydes dale was in latitude 34.65 north, long itude 131 west. There is 80 per cent reinsurance on the Clydesdale. The Tennessee River Improvement association has decided to ask tha flf- ty-eighth congress for a larger appro priation for the Improvement of the Tennessee river and it will be recom mended that work be prosecuted all along the river simultaneously Instead of concentrating at one point A dispatch received in London from Calcutta says the Indian government has refused the Standard Oil company permission to prospect in the oil fields of Burmah. Fearing arrest, John McAtee, aged 24 years, a clerk in the office of the Kansas City Southern railroad, ac cused of attempting to rob a fellow employe, killed himself by shooting at Kansas City, Mo. John Rlffel of Johnstown, Pa., waa shot and perhaps fatally wounded by Earl Nixon, 17 years old, at South Bend, Ind. Nixon, with his sweet heart, Anna Carl, was returning from a drive when Riffel approached. He failed to observe a warning to "stand back" and Nixon fired. Fire in New Haven, Conn., de stroyed the plant of the EL A. Chat- field Company, mason contractors, the loss being estimated at between $76,- 000 and $100,000. At a conference between officials of the Chicago and Eastern Illinois railroad and shop employes at Dan ville, 111., the latter were granted an increase of 3 cents an hour in lieu at tie demand for 6 cents an hour. Thi applies to all machinists over tb whole system. Complete returns In New Hamp "hire for governor show: Bachelder (Rep.) 41,906; Hollis, (Dem.) 34,096; scattering, 1,725. The election of Wilson (Dem.) for delegate to congress from Arizona is conceded by a plurality of less than 500. John Stewart a former United States soldier, who was convicted of stabbing to death Emil Kuhn, of Mil waukee, also a United States soldier, near the barracks at Fort Morgan, Ala., has been sentenced to ten years in the penitentiary. Congressman Curtis, Congressman Long and Governor Stanley of Kan sas have entered actively Into the fight for the senatorship to succeed W. A. Harris (Dem.). Nearly complete returns show that the Republicans made a clean sweep In Montana for the first time in ten years. There was a bitter factional fight between Clark and Heinze, and the Democrats elected very few mem bers of the legislature. Lawrence Cavanaugh, the 16-year- old son of John F. Cavanaugh of Ma son, 111., was accidentally killed while hunting. It is supposed tht while climbing a fence both barrells were discharged into his body. At a meeting of the board of direct ors of the Indian Territory Traction company the contractor for road work on the street railway line from South McAlester to Haileyville L T., was let to Donald O. Grant of Faribault, Minn. Clark's sawmill and handle factory near Ridgeway, 111., were burned. Rev. J. E. Johnson, aged 66, a Meth odist minister for twenty-five years, is dead at his home at Caddo Mills, Tex. A tinner named Martin was fatally hurt by falling sixty feet from the roof of a new building at Palestine, Tex. Senator Hanna has been initiated at Cleveland as a member of tha Loy al Legion of Ohio. City Marshal Jordan, Tony Jones and Jeff Chenault were killed in a shooting affray at Orange, Texas. The Minnesota Harvester company, with a capital of $5,000,000, has been incorporated at 8L Paul. Ita object is believed to be to fight tha btg har vester combine. The big coal deal by which an East ern syndicate was to have secured tha A3 shipping mines of Sangamon, Christian and Menard counties is re- jporteu lo have fallen Unouab. The opponent of M. Gerault-Rlchard of the Petite Marquis De Dion, vice president of the Automobile Repub- llque, in the duel fought at Neuilly club, was president of the Aero club, and not Count De Dion. David Ernest of Little Rock, Ark., a conductor on the St. Louis, Memphis & Southeastern railroad, was killed at Delta, Mo., while coupling cars. The initiative and referendum and the election of United States senators by popular vcte was favored by Chica go voters by 131,000 majority each. Patrick Gardner, aged 61, was run down by a Big Four train at Brazil, Ind., and ground to pieces under the wheels. A train load of cotton was burned near Laporte, Tex. The erglneer ran into a prairie fire before he could stop and the cotton on open cars caught. The Vernon cotton mill at Stock port, England was destroyed by fire. One operative was killed by a fall. A score of employes who sustained in juries and are suffering from suffoca tion have been removed to the infirm ary. W. L. Hlatt of Erie, Kas., has been appointed assistant meat Inspector in connection with the bureau of animal industry. Count and Countess Boni de Castel- lane entertained King Carlos of Por tugal at a shooting party at the eha? teau Marals, near St. Cheron. The Lafayette, Ind., Telephone com pany mortgaged its plant and fran chises for $150,000 for the purpose of installing a common battery multiple system. The Lafayette Loan and Trust company is trustee for the bond holders. Bridget Brennan, aged 70, was at- tacked by hogs near Baraboo, Wis., and so badly Injured that death re sulted. Two gin plants near Timpson, Tex., were burned by • incendiaries. They were seven miles apart. Loss about $6,000, with small insurance. COT PORTUGUESE COLONIES IN 10 Secret Treaty Said to Exist Between Germany and > Great Britain. LORD CR4N80RNE IS EVASIVE Under Foreign Secretary, Refuses to Discuss Matters, Claiming If Pact Existed He Could Not Be Expected to Make the Contents Pubiie. The secret clause of tha Anglo-Ger man treaty relates to the acquisition of the Portuguese colonies in Africa. By this clause Germany will acquire the northern part of the Portuguese possessions as far as Belra, while Britain will take over the remainder, as well as Delagoa Bay and Lorenzo Marques. The general belief in London that a secret treaty Is in existence between Germany and Great Britain relative to the prospective division of the Portu guese possessions in South Africa re ceived some support a fortnight ago, owing to the evasive reply made on the subject by Lord Cranborne, under foreign secretary. Ho parried all queries, saying that if such a treaty existed he, in the nature of things, waa precluded from giving its terms. Terms of Concession. Details of the alleged treaty were published in December, 1899, by the Berlin Lokal Anzeiger, which stated that Germany, besides receiving Port ugal's Asiatic possessions, would, In return for a payment to Portugal of $6,250,000, receive all the Portuguese territory In South Africa north of Mozambique, except a strip of land three miles wide for Mr. Rhodes' •ransafrican railway. England would on her part receive the remaining Af rican possessions of Portugal, which contain 2,000,000 square kilometers and 13,000,000 inhabitants. The con sent of Portugal to this arrangement, it was said, had already bean ob tained In principle. Treaty Rights. In the crisis of the South African war it was regarded as highly prob able that Britain would exercise the right of pre-emption she obtained un der the Anglo-Portuguese agreement of 1891. This instrument says that "In the event of the two powers proposing to part with any of the territories to the south of the Zembesl, the other shall be recognized as possessing a preferential right to the territories In question or any part of them." DOCTOR8 DEMAND SEPARATION Want Legislation Regarding the Con trol of Physlclane. Centralla, 111., special: The South ern Illinois Medical association, after spirited discussion on the kind of legislation wanted, appointed a com mittee to assist the state society In pushing the bill to divorce the control of physicians from the other state boards of health on the ground that the present board has too much to do and a special board is needed. The election of officers resulted as follows: President, J. A. Helm, Metropolis; secretary. E. E. Fyke. Centralla; treas urer, A. T. Telford, Olney. The asso ciation adjourned to meet In Marlon In November, 1908. MAKE ATTACK ON 80CIALI8T8 la Police Take Hand In Riot That Fomented my Antl-8emltee. Vienna cablegram: Riotous disturb ances marked the election in the Far vorlten district of Vienna of members o£ the Landtag or provincial assemb ly. Anti-Semites stormed the head quarters of the committee of the So cialists and a fierce fight ensued. The rioters were charged by mounted po lice, and forty of them were arrested. Many received saber wounds. The anti-Semites carried the election by a majority of 30 out of a total poll of U,- 000. The Clericals now hold the entire representation of Vienna in the Land tag. 8H0CK IN NORTHERN MICHIGAN Mysterious Rocking la Felt in Hanooek and Houghton. Houghton, Mich., dispatch: Resi dents of Hancock and Houghton were greatly alarmed by a terrific shock; Houses were rocked and windows rat tled as If an earthquake had occurred. Investigation In all directions failed to disclose the cause of the shock. This is the second occurrence of tha kind within three months. Short of Wheat. Sydney, N. S. W., cable: Official statistics show that owing to tha drouth the wheat harvest In New South Wales this >year has been very i>oor. The shortage is estimated at 11,000,000 bushels. Queensland and other states of tha federation will probably also have very poor harvests. Tobacco Failure. Richmond, Va., dispatch: Leon L. Strause, a large leaf tobacco dealer, has filed a voluntary petition In bank ruptcy in the United States district court. His liabilities are scheduled at $300,699 and assets at $466,641. Fatal Trolley Collision. New Tork special: John McCabe, a motorman, was killed and George Bus ier, another motorman, seriously In jured in a head-on collision of trolley cars on the West Farms Electric road. M/iite to 8pllt. Rome cable: it is stated in dip lomatic circles that the Anglo-Italian secret treaty provides for joint opera tions against the Mad Mullah, «wi| that his conquest is to be followed by a division of Somallland. Dies of Overexertion. Joplln, Mo., special: Judge F. M. Redburn, 66 years old, who was elected circuit Judge of Jasper county, died from overexertion during campaign. French Mob Repels Attack by Mounted Soldiers by "Throwing Bricks. INFLICT INJURY ON .OFFICERS Coal Miners Refuae to Aeeept Arbitra tion Award and Resent Policy of Government in Keeping Troope in the Vicinity of the Collieries. JParls cable.*^ Rioting by the strik ers at Lens and Anzin ended in ser ious eacounters between the cavalry and strikers, in which a number on both sides were badly injured. At Anzin the cavalry was sent to attack the strikers and a lively clash ensued Lieutenant Duval was injured by be ing struck in the breast with a brick, two other officers were hurt, and sev eral of the cavalry horses were dis abled. Only the timely arrival of re- cnforcements dispersed the strikers. Mob Throws Bricks. At Lens when the cavalry attempted to disperse the rioting mob the latter replied by throwing bricks at the soldiers. Gendarmes were hurried to the rescue of the cavalry and they too were assaulted with bricks. One soldier was injured. After a fight last ing several minutes the strikers were scattered. All through the Pas-de-Calais coal district the strikers are making vig orous remonstrances against the pol icy of the government in keeping troops in the vicinity. Six thousand striking coal miners held a meeting at Llevln (department of Pas-de-Ca- lals). They decided not to accept the decision.of the arbitrators against an increase of the present rate of wages and to continue the strike. Investigating Committee. The Chamber of Deputies took up a lesolution moved by M. Rouanet, Radi cal-Socialist, for the appointment of a commission of thirty-three members to investigate the condition or the miners and to report upon means to prevent economic conflicts. Premier Combes said the government had no objection to the appointment of such commission, and the resolution was adopted by 367 votes to 148. The government arbitrators an nounced their decision against in creasing the wages of the striking min ers in the department Du Nord. The grounds of the decision are similar to those in the Pas-de-Calais arbitration, tamely, that the rates are proportion ate to the selling price of coal. The large companies in the Nord have agreed to establish pensions for a term of five years. SMITH 8EEK8 REINSTATEMENT General Desires Senator Hanna'a Aid to Re-enter the Army. Cleveland, O., special: Gen. Jacob H. Smith, who was retired by Presi dent Roosevelt as punishment for is suing the "kill and burn" order in Sa- mar, was in Cleveland in conference with Senator Hanna, and It is said he will seek to bring Influence to bear to secure reinstatement in the army. Gen. Smith came here alone and had several talks with Senator Hanna. He was reinforced by his brother-in-law, Judge J. W. Bannon of Portsmouth, who had a long conference with, the senator. WOMAN EDITOR 8ENT TO JAIL tha Is First One Convicted Under Irish Crimes Act. Dublin cable: Mrs. Annie O'Ma- honey, the first woman imprisoned under the crimes act during the pres ent campaign, was arrested at Water- ford and sent to jail, where she will undergo a two months' sentence. Mrs. O'Mahoney, who is the proprietor of the Waterford Star, refused to furnish bail to guarantee that she would cease the publication of boycotting no tices. H. P. Lynan, editor of the same paper, was also arrested and sent to jail for a similar term. IOWAN8 PICK MONUMENT SITE Three Shafts to Be Erected on Ten* nessee Battleground. Chattanooga, Tonn., dispatch: The Iowa park commissioners visited the battlefield of Lookout mountain and selected the site for one of the three monuments which the state of Iowa will build here to commemorate the services of Iowa troops during the civil war. The monument will be lo cated near the Cravens House on the scene of the "battle above the clouds," in which Iowa troops were engaged. Premature Explosion Kills. St. Louis., Mo. special: At the of fice of the St Louis, Kansas City & Colorado railroad it , was stated that two men blasting in) a cut at Jeffries- burg, Mo., were killed by a premature explosion. A number of laborers were injured. Breaks Rice Corner. Manila cablegram: The Philippine commission has quietly purchased up wards of 200,000 tons of rice in In dia and on the Asiatic coasts in or der to avert the rice famine which is threatening many provinces. Gen. Bragg Arrives. New York special: Gen. Edward a. Bragg, formerly United States con sul-general at Havana, and who was. recently transferred to Hong Kong, has arrived here from Cuba. Insults Alfonso. Madrid cablegram: Senor Barroso, governor of Madrid, was dismissed from office for having issued a circu lar authorizing the arrest of a 17-year- old thief, described as looking aiact- ly like King Alfonso. Caateliane Loses 8eat Paris cablegram: After an exciting debate the chamber of deputies, by 278 to 236 votes, invalidated the elec tion of Count Boni de Castellans as * member of the house. PB0FESS0R KEDZIE IS DEAD AT LANSING VVaf Long Noted as a Leader In Agrfc IpHural 8tudiea and Wis a. '1 Friend of Farmers. Lansing, Mich., special: Dr. Robert C. Kedzle, for forty years professor of chemistry at the Michigan Agrlcul ,tural college, but who was retired from active duty last June and was made professor emeritus, died at the age of 79 years. Robert C. Kedzle was of Scotch-Irish stock. He was born In the hills of western New York and was taken to the backwoods of Michigan when three years old. Teaching country school and laboring with his hands as he could the boy went to Oberlin and was graduated In 1847. Still teaching between terms he was graduated from the medical school of the University of Michigan in 1861; at Rochester (Mich.) acad emy he taught for two years, then for ten years practiced as surgeon in Vermontville, with one year in the volunteer service of the United States army. He was appointed to his late position in the Agricultural college oh Feb. 26, 18t>3, and at a time when the idea of an agricultural college was hooted by almost every educator in the land. Almost thirty years ago Kedzle found the lightning rod "craze" spreading everywhere through the country and the agents of the manu facturers imposing upon the people to the extent of hundreds of thousands of dollars annually. He set to work to demonstrate the false ideas, and as the result of his work the lightning rod virtually has passed out of exis tence. Explosions of kerosene had become great in the aggregate, and Dr. Kedzle began to look Into the new sub stance to the end that the "Kedzie Lest" was established as the safety line in Kerosene. The state legisla ture passed laws regulating the stan dard of this oil other states followed, and to-day the "Kedzie test" la the '150 test" demanded of kerosene re finers in nearly every state In the union. Commercial fertilizers became another menace to the prosperity of the farmer, through the rascally opera tions of a few men who were selling virtually coal ashes to farmers all over the United States. This the doctor exposed, breaking up the business. In all of these moves the doctor was implored, threatened and prosecuted by the "vested interests" In all these lines, but he was victor. •i 1x.'. DRAINAGE SUIT JUDGE BAKER QUIT8 THE BENCH Indiana Jurist Forwarda His Reeigna- tlon to the President. Indianapolis, Ind., special: The res ignation of Judge John H. Baker of the United States District court of Indiana has been received by Presi dent Roosevelt. It was the under standing at the time his son, Judge Francis N. Baker of the Indiana Su preme bench, was appointed judge of the United States circuit court in Chi cago that the father would retire from the bench. The elder Judge Baker was appointed during the ad ministration of President Harrison, as suming office in March, 1892. THE LATEST MARKET REPORTS Wheat. New York--No. 2 red, 77c. Chicago--No. 2 red, 72c. St. Louis--No. 2 red, 69c. Kansas City--No. 2 hard, 65067c. Duluth--No. 1 hard 73%c. Milwaukee--No. 1 northern, 73%c. Minneapolis--No. 1 northern, 729 72 %c. Corn. New York--No. 2, 64%c. Chicago--No. 2, 54c. St. Louis--No. 2, 45c. " Kansas City--No. 2 mixed, 42043c. Peoria--No. 3, 62c. Oats. New York--No. 2, 34c. Chicago--Standard, 30@32c. St. Louis--No. 2, 26% ®29c. Kansas City--No. 2 white, S1Q 33%c. Milwaukee--Standard, 88c. Peoria--No. 3 white, 29@29%o, Cattle. Chicago--$2.00® 7.50. Kansas City--$3.90@7.60. St. Louis--$2.25®7.00. Buffalo--$5.25 @ 8.00. Omaha--$1.75 @8.00. Hogs. Chicago--$3.55@6.86. Kansas City-- $5.76@6.47%, St. Louis--$6.25@6.50. Buffalo--$5.00® 6.72%. Omaha--$6.40® 6.56. 8heep and Lamba. Chicago--$1.50@5.40. Kansas City--$3.00@5.26. St. Louis--$3.25®6.66. Omaha--$1.25 @'#T75. Buffalo--$2.00® 5.10 New Illinois Banka. Springfield, 111., special: The state auditor of public accounts has issued a permit to organize the Ottawa Bank ing and Trust company at Ottawa, with a capital of $125,000. The auditor also issued a final permit to begin business to the Addison State bank of Addison, 111., with a capital of $26,- 000. Judge Hilscher Dismisses Case Against Chicaco Chan- 1 nel Trustees. NO RIGHT TO DEVELOP POWER Holda Uaa to Which It Waa Proposed to Put Privilege Sought to Be Ac quired la Not in Accordance With Public PeUcy. Four Miners Are Killed. Wllkesbarre, Pa., dispatch: James Boyle was killed by a fall of coal in Conyngham mine. Joseph Mathews was killed by a fall of the roof at a r.'ine in Sigar Notch. Two foreigners sustained broken backs by falls. Fire Ruins Tea. New1,5York dispatch: Fire In the warehouses of the Great Atlantic and Pacific Tea company In West street has damaged the building and stock io the estimate of $125,000. New Electrlo Line for 8anduSky. Columbus, O dispatch: The San dusky Southwestern Railway com pany of WapakOneta was incorporated with $1,000,000 capital stock. The purpose Is an electric railwa] from Sandusky to Wapakoneta. Three Break Jail* Akron, O., special: Three prisoners sawed their way out of the county jail and escaped. The men .waited till the election excitement was at its hslght and then flee. Chicago dispatch: Tha Gayiord syndicate has lost its suit against the sanitary district of Chicago. In a de cision handed down Judge R. W. Hil- cher, sitting in the Circuit court of Will county, raled that on the show ing made Gaylord and his associates had no right to develop power caused by the flow of the drainage canal, and for this reason Gaylord's petition for condemnation was dismissed. Judge Hilscher's decision is short but pointed. His ruling was based on & contention that the waterway cannot b® converted to private uses. The attorneys for the syndicate an nounced that an appeal would be taken to the Supreme court and that an effort would be made to induce an early ruling from that trlbunaL Gist of the Decision. Judge Hilscher's decision was as follows: "I have not prepared an opinion dis cussing the various questions raised and the argument of this motion, for the reason that the conclusion I have reached renders it necessary that the questions Involved be submitted to the Supreme court before any further steps be taicen in the proceedings. Ad mitting the constitutional right of pe titioners in a proper case to take pri vate property by condemnation for grist mill and navigation purposes, In order to make the case a proper one the purpose of such taking must be for a public use. "It is clearly the duty of the court In this kind Of a • case to determine whether the purpose of taking is for a public or private use. If the purchase Is in fact for a private use, though un der cover 01 pretense for a public use, than it Is the duty of the court to deny the exercise of the right of eminent domain. Diamiasee the 8uit. After a careful consideration of the petition and evidence and the author ity cited as well as the mill act and the sanitary district act and the well- known industrial conditions, of which It Is the duty of the court to take no tice, I am lea to tho unavoidable con clusion that the purpose of the deter mination as sought in this case is not to acquire property for a public use, but is to acquire public property for a private use. "Even if the public use be admitted, I have the most serious doubt as to whether the use to which it is pro posed to put the property sought to be taken is not inconsistent with and de structive of the public use for which it was acquired and is held. 'The motion to dismiss will there fore be sustained." Belongs to the People. The litigation Involved the right of tha drainage board to develop the wat er power at Lockport and Jollet for public use. Concerning the matter Trustee Baker said: 'I have never doubted that the eourts would sustain us in our conten tion that the water power of the drain age board belonged to those who cre ated It, the taxpayers of the city of Chicago. I feel sure that the Supreme court will confirm the opinion of Judge Hilscher." During the progress of the suit charges were made frequently that big Chicago interests were supporting Oaylord In his fight MILITIA PROTECT8 A BLACK MAN Alabama Seta New Example to the 8outhern States. Annlston, Ala., dispatch: Orders have been Issued calling out the Sec ond battalion of the Third Infantry, Alabama national guards, to protect Jason Bacon, a negro, who was brought here and placed In jail on the charge of attacking Mrs. John Will iam near here. Mrs. Williams is in semi-conscious condition and failed to identify the negro. When turned over to the sheriff the agreement was made that the negro should not be removed irom the county until a chance was given for identification. River and Harbor Estimatea. Washington dispatch: Secretary Root has cut down the estimate of the engineers for continuing the con tract work of rivers and harbors near ly $2,000,000, leaving the total amount $18,570,000. The appropriations which are made for these works will depend on the probable amount of work the aontractors can do in the next fiscal Shoots Himself In Temple. Springfield, O., dispatch: John B. Barrett, local freight agent of the De troit Southern railroad, committed suicide here by shooting himself twice In the right temple. The deed was committed In the Elks' lodgeroom. Butchers on 8trike. Pittsburg, Pa., special: The threat ened strike of the union butchers, meat cutters, pudding makers and the like of Pittsburg and Allegheny is on. Fifteen large meat plans are tied up. Auetrallans Do Not Need AM, Melbourne cablegram: Mme. Melba has withdrawn her appeal for the aid of the sufferers from drought, her Australian friends having assured her that Australia is able to take care of bar own sufferers. 4afe Blowers Get $3,800. , Herington, Kas special: Robbers blew open the safe of the Tampa state bank here and took $3,800 in currency, escaping on a handcar.' The safe was blown to pieces. GENERAL MILES United States Troops Hayt| S Proved Their Fitness on # the Battlefield. URGES AID FOR ARTILLERY ARM Little Attention Being Paid to Propel^ Housing of That Branch of the 8e«^ ^ vice, Though li Is Exposed to the /'• Cllmatle Element* ^ •• 4 ***- • v The annual report of Lieut. Miles, commanding the army, has bee^^j v made public. The commanding gen».. eral has much to say in praise of tha * ! officers and men of the army. - "The experience during the "greater '* civil war and years of campaigning, . along our western frontier," he Baysfc?:/-. "afforded the best schools of practice' for our army in former years. Th# / . attention given to calisthenics anil gymnastic* and military exercisers made our small army a corps of atbjL'* . letes, while the elementary school!^ established for enlisted men, the pGst . '• „ libraries, the post lyceums, and otifc •. • cers' schools, the various schools i n s t r u c t i o n a n d p r a c t i c e f o r o f f i c e r . as well as the military academy, pro* duced an army of such excellence that I was able in my annual report for , \ 1896 to state: 'The personnel of th*s . army was never In better condition.' Praise for Ail. • ty/, "This was proven to be true b^Vi > the fortitude, skill and heroism dia* >/,.' played in every serious campaign, ort"* every field of mortal combat, where* aver the army has been engaged in any part of the world during the last four years. During that time many changes have occurred and the army, has been largely Increased. "The long and varied service of tha senior officers, their experience In organizing, disciplining, instructing, and leading their comrades, as well i as the excellent discipline, instruction, and exemplary conduct of the soldiers of the army of '98, have been tha leaven of the army of the present * time. Evils may creep into any sys tem or great organization. Such as' have affected our army hava baen or will be eradicated." Quarters for Artillerymen. Gen. Miles indorses the recommen dation of Gen. Brooks for a readjust* ment of the geographical limits of the different departments with a view of equalizing conditions. He calls atten« tion to the necessity of quarters for troops, saying that while hundreds of thousands of dollars are being spent for quarters for cavalry, little is being used to afford shelter for artillery, which Is exposed to severe climates along the coasts. "These troops," says Gen. Miles, "are required to be located adjacent to the fortifications, notwithstanding . I the exposed position of many of them, and I see no reason why buildings should not be properly constructed in time to be occupied, when It is known for years exactly where and when they will be required. 8ome Criticism. i "I also call attention to tha In- ' complete condition of the fortifica tions, especially on the Pacific coast, where millions have been expended In engineering and ordnance work, and yet the commands have not been prop erly supplied with ammunition, elec trical plants, and other appliances es sential to the effective use of these fortifications in actual warfare." Of the actual campaign work of tha army during the last year, Gen. Miles says: During the 'last year there have been no serious engagements, except that of the troops under Gen. Frank D. Baldwin in Mindanao, P. I., with the Moros. For the number of men en gaged this was a spirited and desper ate engagement. Our forces were commanded by one of the most ex perienced and efficient officers of tue army, whose record has always been of the highest order, and his achieve- ' ments, together with that of the troops, In this engagement, made an- oth-ir chapter of fortitude, tenacity, and heroic sacrifice in the history at American arms. Treatment of Indiana. "The condition of the Indians Is quite satisfactory, and there has been no disturbance of importance among them during the last twelve months. This is accounted for principally by three reasons: First, Just and hu mane treatment of the Indians and the judicious management of their affairs; second, their gradual transition from, a condition of barbarism to that of a semi-civilized people; and, third, the close proximity of the military garrl* sona, which are always available la of threatened disturbance." Gen. Toral la Inaane. Madrid cablegram: Gen. Toral, who, surrendered Santiago de Cuba to the American forces in July, 1898, has be- mm Insane at Murcla. Dies In Sanitarium. Springfield, 111., special: Mrs. F. C. Keuchler, daughter of Dr. W. M. Jayne, president of the state board of oharlties, died at a private sanitarium In Wisconsin, where she had been un der treatment for nervous prostration. Flour Mill Burns, Nashville special: The Model Flour mill and a large wheat elevator ad joining it were destroyed by fire. The less approximates $840,000, which la covered partly by Insurance. Burn Church Mortgage. Jollet, 111., dispatch: A mortgage for $1,000, the last vestige of indebted ness against the First Baptist church, was burned in the, presence of the congregation. The occasion was made a Jubilee. Fays Back Taxes? Indianapolis, Ind., dispatch: Harry Crawford of Chicago has paid $20,- 000 back taxes on the Chicago and Southeastern road Into the state treaa^ ury. mailto:3.90@7.60 mailto:3.55@6.86 mailto:6.25@6.50 mailto:1.50@5.40 mailto:3.00@5.26