Show BY TELEGRAPH CA X washington 15 the supreme court in case cabe no of virginia vs petitioner olier oller this cabe case comes before the united states supreme court upon application from the governor of virginia for a writ of mandamus to compel judge rives bives of the united states circuit court for the western district of that state to return to the state authorities two criminals whom he has taken out of their custody for retrial in his own court the facts of the case are well known the subject matter of the controversy raised is an abstract one of j jurisdiction urle urie diction the complaint is teat that judge riv bives rives ids has I 1 invaded the PoYe sovereign reiga relga rights of the tate state S the question presented Is isy which ha has s jurisdiction to try these persons the or united states attorney general field and robertson on beh b ahall alof of the state argue these are cases in which the commonwealth mon wealth ot virginia la is a party in I 1 n its ita character as a sovereign state and that an interior federal court created by act of congress can never under any circumstances be clothed with power to deal with a state or to decide any question of 0 controversy with her respecting 0 or r arising out of her sovereignty if bhe ahe is amenable to any judicial tribunal under the constitution that tribu tribunal nalls is the united states State sSu shu supreme court they argue furthermore that even the latter has no control over the state or its courts except when a federal question la is brought before it by a writ of error from the state court of last resort the state courts and not united states courts are exclusive tribunals for the trial of of fences committed within the state and against ita laws counsel for the petitioner further mal mat maintain ii tain that section revised statutes upon which judge rives bives based hla hia action does not confer the jurisdiction claimed the right to have a jury of a particular race or color in whole or in part ia Is not one of the rights which the statutes in question secured it merely extended to the colored race the rights already existing and enjoyed by white citizens anel anil provided that these rights should not be denied to colored citizens finally counsel for the petitioner declare that the state of virginia has not denied to any race or color the equal protection of the laws that the action of judge bives rives should b be declared null and void and that the writ of mandamus prayed is the only appropriate and complete fremed remedy y aa as there seems to be no do ri right g lit of 0 f appeal or writ of error to this court attorney general devens and W willoughby opposing the petition for a man dainus urge first that the supreme court has no do jurisdiction ris diction in the present case cabe that th the a commonwealth of virginia re fused to make itself a party to the proceedings in the circuit court that this petition cannot therefore be considered ast aft nty nry anything nuj aty thing in the natu nature reAf remt of an appellate proceed proceeding flig ilig and that a state cannat institute an original bull cult in the BU preme court in acon a controversy trove rby like lifee this thih its wyn own eitt zens they argue dt defence fence of lUves action un der del tha act of march th that at every ev e r y person p efimi has haa the abie right to trial by jury const constituted buted discrimination Z against hla hia Is own race or color an dl that in hl illa fh e present cabe case that right has been deni doni denied deai ed white a J jury pr y of their own me race cannot white men cannot be subjected d to any prejudice against agit nit them on of their race rade or color negroes may be etwas it was just this discrimination which the fourteenth amendment was designated to prevent they argue that although the duty of extending to within the state the of its laws las was originally assumed by py states and still remains there yet if any of the states deny or permit a denial of this right light of equality and if suc sue such euch h denial bo be based upon the ground of color or race rate then the power of the united states may enforce this guaranty of equality to the extent that it is denied the fact that a state is oneff one of the parties in such case is mentioned menti onedo all cases involving a federal question may be brought under the super visto riot federal judicial judi elal clil power even though the state bea boa bo a party panty this point is argued by counsel in opposition 4 to the petitioner at considerable sid erable length and with full cita I 1 tion of authorities they disclaim the right of general federal supervision over the criminal law jaw of a state but maintain its constitutionality when a federal question is involved i NEW YORK 16 15 A dispatch from london bays says adolph rosenberg editor and publisher of the town talk talky was arrested on charge of libel preferred against him by I 1 mrs langtry and also by mra mrs cornwallis he appeared in guild hall police court looking v ejected having been unable to obtain bon bondsmen damen for 2000 the attendance was very large the preliminaries limin limi aries narles having been disposed of the prisoner made an abject apology regretting that he should indirectly have been the cause of annoyance to the estimable ladies he pleaded ignorance of writing in t the a question beat on about mis divorce and gave the name of the be journalist who had written the paragraphs he went on to state that he employed a detective to search bearch the court records and it was undoubtedly on the detective defective report the petition printed he denied there was any mailee malice the a supposed facts being given as bona nide fide news the attorney for plaintiff alluded in bar sarcastic terms to defendant and protested against a reduction of rosen bosen bergs berga bail ball ile tie rehearsed the prisoner prisoners cowardly cruel and wanton attacks on his client a and u d concluded by saying he thought the atmosphere whereof of newgate would be the most salubrious for the prisoner and surgeon gibson of that place would give every requisite the remarks produced loud laughter in the court the prisoner was them then committed for trial tho the bail ball remaining the same as its before the herala herald with its usual erudition on indian affairs says before the settlement of the mormons cormons in utah the utes were a tribe of degraded habits and inferior interior intelligence li gence its elevation ia Is due main ly to association with the mor mons who early baptized some bome of the tile prominent chiefs into the church it also naively reni remarks arks if the indian bureau woul would donly eniy enly prevent the indians In dianis from thoroughly arm arming i ng themselves they would not fight at all the worlds washington samal special evidently under the inspiration of the interior department endeavors to fix the res rel responsibility of the J re cent massacre on the war department it quotes popes correspondence wherein the latter appears at his usual disadvantage the Enter inter interior lor Depart department men meg was waa notify notified ed by meeker of the ute disorder disorders aud and his inability to get military assistance as long ago as july exports for the week ending yesterday were among the heaviest if not the heaviest in the history of the port amounting to aga 1420 for the week previous and und for the corres correa bonding pond iLig period last year bread provit sione and cotton as usual constitute the bulk of the FALL blirer 15 the majority I 1 of thu the old oid have now returned to work but several beveral hun dreda ha have noe nok yet been able to do iso 0 o at a meeting of the spinners baat eve evi evening ming it was voted by thos those Y who work to tax themselves 1 per week for the support of their nonworking non working brethren in addition to a weekly tax of 23 25 cents for the support of the tho union the call cali tor for the meeting stated that many member sot the union were food ST pau pac pauli 15 nolan and john bon eon two of doc doco middletons Middle middie tons nys bIg gang of nebraska rob robbers bersi were traced to ortonville Ort onville minn minno near the dakota line posse pursued them themi overtaking them yesterday near appleton Ap ploton they fortl fortI fortified aled fled themselves ves int itt a shanty and a regular siege followed firing was kept up for everal several ri hours the tho robbers finally escaped and pursuit continues SAN FRANCISCO 15 A portland dispatch dispa says bays c on en grant on being informed of the tho sweeping republican triumph in ohio expressed much gratification ha said with much emph isi is g that boing bois representatives of false falso a aud and nd dangerous financial doctrines the democrats deserve defeat for many years the country had been struggling to reach a sound bound fafian cial elal basis and it was inexcusable in any man to take a position which would again debase the currency and impair public credit near nean mendocino this morning the sher lilla posse in search of cattle thieves wasil was fired red on from ambush by the outlaws killing thomas dollard and fatally wounding volunteer wright and slightly wounding others reinforcements have been sent out SUTRO nov 15 yesterday about two connect connection i on w wab was made by the north lateral bran branch e h of the sutro tunnel with the drift from the main shaft the current of air ia Is a strong downcast and is of great advantage for it insures an abundant supply of pure pare by the is being advanced at the rate of 10 feet per day and can be driven with baill greater speed the air goes down the mine shaft through the north branch in great volumes and finds its exit through the savage and adjacent shafts greatly bene fitting all parties part lea iea the prospecting ning ding northerly aud and southerly on the foot and hanging walls of the large ledge intersected by the main tunnel at feet from the entrance are moat encouraging showing a assays essays of from sa 8 to 40 per ton when crosscutting cross cutting Is commenced it is confidently expected from we fair milling rock already met with that a bonanza may be encountered encounter ei NEW yote vote 16 bonds to the value of were stolen from the safe in the office of merritt trimble the well known iron merchant la in the coal and iron ex chaug chang eby three strangers str angers angera who came apparently on business the robbery was not discovered til seven beven hours afterwards when it was too late to ascertain whether negotiated on the street ox or not the following telegram was received by bureau today to day los pinos colorado oct 11 to the commandant of indian ind ian lan affairs Affair 8 washington all AlI quiet no danger of trouble from the indians indiana either near or remote unless precipitated by the evil counsels and conduct of the whites who seem beom determined to make trouble the newspapers and the very atmosphere of C cui cul LI orado are full of lying rumors rumon the secretor secret of all this outcry and th these ese fahe fake rumors can be found in the popular text utes must go the white niver river women chil dien dlen mone money yand aud and papers pipers are safe with mis mib meeker all will be sent here as bo otias orias practicable eomme borne employees are believed to be anve auve the soldiers have been reinforced provisions and wate water r a plenty hese items are obtained heie here from runners from froni white river signed agent ST LOUIS louiss igia igi 16 A dispatch from ban san an AD to tou too uio ulo lo 10 texas bays saye genord commanding this thia department je xe the following dispatch to day dayi fort concho commanding the district of new mexico informs me that large bodies of well armed apaches are going south toward texas they are are aro probably renegades rene gades from the indian territory and mexico I 1 have arranged to intercept them and to reinforce and concentrate the forces where whet a 33 e e 6 a i y alg sig 81 aigner aig ned GEN rawlins raw Baw lins wy iga 16 A courier just in from merritts i command reports that the troops are at the white rive agency that thoy thay have been scouting for 50 miles about them and have been unable to find a single indian it ia is evl evident tha that t t ohe the e ilidia indians ns have gane gone south and py deput ahe it into small banda bands going into info the various agencies agen agea cies cles the troops will have an all winter campaign to ferrel ferret guf gut ut those of the savage tribe who brought on the trouble troubie tron ble bie galveston 16 rtha the news san antonia special reports parties bt if well armed apaches going sooth booth from Mel Mei colero agency all posta posts are notified to beirl be in readiness easto to concentrate troops in case of ae cassity ces sity 10 iu 10 A from arizona says A special to the from biver city new now mexico says bays indians havo have been committing teni teul ble depredations in the rio bio Gr valley and southwest off brt hrc M foum exin minga for several beveral days p bt the people of colorado have bave bean been besieged and have beer since saturday and m ide Q an appeal appal for aid on sunday A volunteer coin COID company pany PaDY of 30 men inen un under der captain john C C went from mesilla and cj moes races to their aid they unet met indians near colorado colorados 18 miles f sio Blo curns cuma ranch rauch on the side elde 0 I 1 tile road after a severe fight tile Q volunteers were compell compelled fd bof t 0 f blk hilback back they the had a run running fig figl I 1 fe biccum s banch rauch the killed in this fight were W T jones J ones county clerk of donohoe county count yand and four mexicans on receipt of the no news newa wa at two more compan companies fes les of 80 40 men were raised by col colby ColEy Ryner byner nerson son sou composed of the best men in mesilla valley the companies join crouch today today to io day at Blo ouma cuma and go to colorado two trains were captured yesterday west of cuma in one ones of them 11 II men one woman and one child were killed in the other all i lauds escaped both trains were scattered and some bome of the he oxen were killed and others loft left standing in their yokes corpses lie all along the road the stage from the cast arrived this morning two hours late the number of people known to have been killed within the past 4 or 6 5 days altogether aggregates about i forty the indian trai leaving the stage road yesterday leads toward the black barge range and vicinity of the hillsboro minim mining camp maj morrow of the ninth cavalry witha with a strong party is thought tto to be in the of colorado this Is the moat stent ent fighting the indians have ever been known to do in this section they are in large bands and seem beem deter mined costay to stay in the country to night fight and make a general warfare 10 16 the cremation cremati orv orr of the remains of the late dr le moyne was successfully accomplished at little wa washington ivington today the proceeding was conducted with strict privacy at 9 thib this morning the friends frienda and ana nela xela relatives tives of the deceased assembled at his hia late teal Teai residence dencel where a number of selections from the scriptures were read and prayer offered by dr hays president of the college dr le moyne in late years did not affiliate with any church and the services ber eer vices today to day were not sectarian at the conclusion of pray prayer erthe the body was wag removed to the hearse and immediately taken to the cemetery followed by carriages containing relatives and friends arriving at the destination the body was placed in a catafalque antl anil all persons except relative relatives band and hose those la in charge of the furnace remaining outside the building at 1080 the body was pushed into the thoi glowing furnace and the doors closed |