| Show BY tele TELL TELEGRAPH elm TVS WESTERN UNION AlU aiu LINE lise A ame AMK 1 ani kni jei ILI IS it A 1 C CAN cak jik ilk N washington WASH INGTON 14 thomas G morrow morington editor and proprietor of the ua zette of this city was arrested on sunday on a warrant sworn out by A T bissel charging him with conspiracy in procuring the appointment of frank thomas as clerk in the agricultural department thomas as is not performing any service for the government and I 1 Is paying his bis salary over oser to morrow A similar warrant arrant was issued for general carmen ex chief clerk of the agricultural department who is not at present in the city morrow was released on ball bail the supreme court has affirmed the tile decree of the supreme court of the territory of idaho in the case of the utah northern railway hallway appellant vs W y S fisher assessor etc washington 14 the principal question was as to the proper construction st of section 3 depending on the meaning of the word cohabit as used in it and ami judge blatchford in his opinion says tiie the tile court properly charged that the defendant was to be found lound guilty lity if lie be lived ived in the same house gat with wi h the two women and ate at their respective tables one third of his time or thereabouts and held them out to the world by his language or conduct or both as nis his wives and that it was not necessary that it should be shown that he and the two women or either of them occupied the same ned oed or slept in the same room or that he had sexual intercourse with wish wil th them it Is the practice of unlawful cohabitation with more than one woman that Is aimed at a cohabitation classed with polygamy and having its outward semblance it is not on the one hand meretricious un marital intercourse with more than one woman the general legislation as to lewd practices practices t being einglett eing left I 1 to the territorial government melt nor non on the other hand does the statute pry into the intimacies cies cles of the marriage i elation but it seeks not only to punish bigamy and polygamy when direct proof of the thu existence of these relations can be made but to prevent p a man from flaunting i in the face of th world the ostentation osten tat a and opportunities of a bigamous household with all the outward appearances of the continuance ti nuance of the same relations which existed before the act was passed and without reference to what may occur in the privacy of those relations and again in the spirit of the interpretation a man cohabits with more than one woman in sections 35 3 5 and 8 of the act when holding out to the world two women as his wives by language or conduct or by both he lives in the house with them and eats at the table of each a portion of his time although he does not occupy the same bed or sleep in the same room with either of them or actually have sexual intercourse with eltheron either elthe of them ile he holds two women out to the worlds world as his wives by his conduct when be he maintains two wives and arid the children of each and all in the same house with himself and regularly eats at atthe the table of each and acts as the head bead ol 01 the two families the opinion gives websters definition of the word cohabit and says sec 3 of the act was intended to reach the exhibition of all indicia of plural plural marriage in a household and a family amily twice re repeated bated the objections to the indictment because it does not allege that defendant was a male person nor that he be cohabited with two women as his wives or as hs persons held out as his wives are overruled under the criminal proceed ure act of utah the defendant having pleaded and not demurred and being held to have understood distinctly that the charge was against a male person penson and aud was lor cohabiting ha biting with women as wives and not having been prejudiced by me tf allure failure to so allege r v the opinion concludes with the statement tat ement that a strong appeal was made in the argument not to uphold ithe rulings 0 of f the trial court because that would require I 1 a polygamous husband not only tu to cease living with his plural wives but also to abandon the women themselves and the supreme court ot the united states stales was asked to indicate what the conduct of the husband toward them must be in order to conform to the requirements of the law the law says no court can say in advance what particular state of things will be lawful further than that ti the man must no nod not t cohabit with more than one woman in the sense of theford the word coha cohabit bitas as defined while congress had legitimated the issue of polygamous marriages born before jan 1889 it had left the conduct of the man towards the polygamous wife to be bc regulated by considerations which are 0 outside aside of section sections 3 and are not covered by statute and which must be dealt with judicially when properly presented from the decision of the court justices miller and field dissented justice ustice miller in dissenting from the decision said 1 I think the act of congress when prohibiting cohabitation with more than one woman t in meant cant unlawful and habitual sexual intercourse it is in iny my ou ov a strained coast construction ruction of a highly penal statute to hold that men can be guilty tinder under the statute without the accompaniment of the actual sexual connection I 1 know of ot no instance in which the word cohabitation has been used to describe a criminal offense when it did did not imply sexual intercourse vere tere ter ourse course 11 WILKES BARIM pa 4 A frightful explosion of gas took place this morning in in the mill creek mine operated by ape the 1 delaware hudson coal company at the time of the accident there were about miners laborers and boys in the slope the news spread rapidly and tile the whole population had soon gathered about the property the explosion occurred in what is known as the no 12 lift which Is located at the extreme end of the 0 opening ening of the feet ti from rom the tile mouth therefore ventilation was a difficult problem the gas had bad ignited in a breast where a man named coffee was at work an exploring party of some twenty miners entered the as soon as news had reached the surface they soon discovered that man many y had been buried and the they y at one began bega removing them ten ol 01 tue the in injured ju d have already been removed from the mine one of whom has since died BOSTONI 14 rev W W downs against whom an indictment was found saturday by the grand jury for adultery preached to a large audience sun sunday hay evening in the mechanics hall at the c close 0 se of his remarks he introduced the hon lion marcus D norton who wb made a statement that a syndicate of boston lawyers had been formed for the defense of downs in his forthcoming trial and that the active counsel for his defense would be hon lion roscoe Conk conkling linz and general B F butler mr norton bitterly denounced the grand jurys action as having been brought aboud about by fraud and perjury and delivered a tirade against the churches ile he said it was now proposed to uncover a volcano of corruption in two places called churches in this city and the result would be the greatest se sensation ever known in boston it may be stated that norton has recently been under treatment in an insane asylum having been a victim to the opium habit ATLANTA ga 15 one of the most terrible railroad accidents ever known in georgia occurred at midnight 15 miles from this city on the georgia pacific road the east tennessee and georgia pacific roads both use the saml same track rack to austell and last night the georgia pacific mixed train with a coach and one sleeper stopped at a tank for water the coach and sleeper being on a trestle thirty feet high the east tennessee passenger going at a rate of SO miles per hour struck the sleeper and went nearly naif half way war through it the wreck was terri terrible bli the fireman sprang overboard and re injuries The en to the throttle and land was unhurt the following persons on the georgia pacific train were killed peton of Charlott chariott charlotteville charlottesville eville va nathan hanley of anniston Anni annl ston ala jacob jacob and mary banks of jonesboro Jone gi B bright and wife and two children of jones boro a wealthy texan named pierce of aberdeen texas and other of east point ga the two children who died are unknown the followings follo was fatally tal tai ukly injured mrs eliza brown home unknown own who was in company with pierce about ten others more of less seriously injured the dead and wounded have been brought to atlanta washington 15 the fourth annual convention of the national guard association of the united states met this afternoon the association consists of live delegates from the militia of each state eighteen states were represented at the meeting president george W teof of new york called the meeting to order and in his opening address said the objects of the assort atlon had been thwarted in the past by the objections that it wa was the intention to deprive the states of their authority over the militia and then on the other hand that it was the desire to take money out of the treasury of the general government for purely state organizations without permitting the proper supervisions by the war le de par partA ent but the greatest obstacle they had to encounter was the apathy among the people the militia and in congress in fu regard to the entire question which the abe association had bad at heart he thought now that the situation was more favorable and that the bills before congress would receive favorable consideration general taylor of colorado was elected recording secretary colonel charles E bridge of new york was elected corresponding secretary the president today to day transmitted to the house of representatives a report from the secretary of the interior upon the condition of the northern cheyenne indians upon the roseburg and tongue rivers montana setting forth the of the appropriation made for their support and ana requesting legislative authority for the use R or certain f funds indicated for their relief in trans transmitting the report the president says 1 I the he proposed legislation does not involve any additional appropriation pria tion tiou and the necessity for the authority requested is urgent ile he therefore recommends an carly early and favorable consideration of the subject by congress the report states that from the information received from the governor of montana and from an inspection of the department it appears that the indians are in a deplorable condition many of them are almost naked with the rigor of winter upon them and all of them are suffering in for want of food the report states that the sum of appropriated in the act of march 3rd ard 3 d last f for or relief of distress among tiie the indians cannot be applied to the relief cf these indians because they have treaty f funds though totally inadequate for lor their proper support the secretary therefore recommends that congress authorize the use of from the ap pr the urgencies of this case the following bills were introduced in the senate today to day by harrison for the admission of a portion of dakota as a state by vest to incorporate the atlantic and pacific ship railway company this Is eads ship railway bill and provides for government aid ild to that enterprise by harrison harrlson to legalize the election of the members of the territorial As of wyoming by george to pension the soldiers of the mexican war this is the mexican pension bill passed by the house last session A bill introduced today to day by senator voorhees esto to refund internal revenue taxes in certain cases authorizes the secretary of the treasury to refund to persons thereto entitled buch ouch he be shown to the satisfaction of the commissioner of internal revenue to have been paid prior to july 1 as internal revenue taxes on spir spirits its distilled prior to july 20 1868 in excess execs of the tax paid on the quantity actually actu actually aill alls y withdrawn assistant postmaster general stevenson today to day appointed three fourth bourth class postmasters in california three in colorado tive five in nebraska one in new mexico one in oregon and one in n utah the tiie secretary of the navy has at the suggestion of auditor on all the tile officers of the navy pay corps whose bonds were executed execute a over five years ago to renew their bonds about eighty officers are affected by this order the joint resolution introduced by senator jackson today to day proposes an amendment to the constitution of the united states providing that the president and vice prisident shall hereafter be elected to a term of six years and that they shall be ineligible to reelection and that the vice vlee president president shall be ineligible to the office of pres ident after he shall have filled tilled the same in case of a vacancy therein the president sent in the following nominations for postmasters john F ward at modesto california john U C bell beil at astoria oregon washington georgia 15 general roberts toombs died he here this evenin evening at 6 gen toombs had been unconscious for several days and surrounded by his f family amil amii 1 ano anc and 1 friends quietly passed away ilis liis his funeral will take place at washington georgia thursday morning at 1130 robert nobert toombs was born in washington wilkes county georgia july 2 1 ibio and was therefore in his rutn y year ear at the time of his death ile he was wag graduated at union college schenectady in 1828 studied law at the university of virginia and commenced practice at his klanath uati e place in 18 6 he served under gen scott as captain of volunteers in the creek war in 1837 he was elect edito the georgia legislature and was continued in that ottice office till 1844 with the exception of the year 1841 from to 1853 he was a member of the united states senate being re elected reelected for the term ending march 4 ile he was a prominent member of the extreme southern rebels and was one of the most active in persuading georgia to secede the state having passed its secession ordinance on january 19 1861 isol mr toombs withdrew from the senate on the tile and on march he was expelled lie ile was a member of the confederate congress which met at montgomery alabama ba ma was subsequently for far a short time secretary of state for the coref confederate ed states and also served as a brig adier adler general in the confederate army SAN FRANCISCO 16 one of the most sensational and startling plots for the wholesale assassination of it the most prominent men in this city came to light here last night some time ago the police obtained information of ane existence of an organization called the socialistic revolutionary association which it was asserted was composed of ultra soc laii tic mem members A close watch was kept on their movements and the police finally succeeded in obtaining g the minutes of one of their meetings held nov from these facts they discovered it was the intention of Association the to pud put out of the way about twenty men including W T coleman congressman maew W W morrow gen B barnes mayor bartlett U S judge lorenzo sawyer leland stanford charles crocker governor stoneman the principal police officials and several others these names were placed on the prescriptive list and placed in the hands of ithe the executive committee to carry out the tife orders of the association the committee were to devise the best mode of accomplishing comp lishing the ends of the base plot and were thus engaged when their work was brought to a sudden termination last night by the discovery of the associations headquarters at WO 0 Al montgomery avenue by the police and the arrest of four men found therein these were julius 0 koosher henry Wel wei seman |
