Show A TEST A R U CASE one of the bad results of the great jan 28 william gambold railroad brakeman has begun a suit against the pennsylvania railroad company and F G darlington superintendent of the indianapolis division for damages for malicious prosecution the tilt is alie outgrowth of the american hallway union strike of and ia brought as a test case gambold with john buck II 11 and tom Ito matti A K U strikers were chaiees by etith having killed a switch eleine after driving off the engineer and fireman and violating the injunction of judge woods darlington wag at that time ft deputy united states marshal having been sworn in on july 1 gambold was arrested at terre brought to this city and kept in jail for ten daya lie was tried in alie federal court and acquitted the defense will be based on the proposition eliat darl angton was a sworn federal officer at the I 1 time he made the and that neither darlington a a deputy united states marshal nor the railway can be held responsible courts ancillary lo 10 judee jenkens washington jan 28 justices field II arlan brewer and brown 0 the court today rendered a decision in the northern pacific receivership cage holding all courts along the line of the road to be ancillary to jude jenkins court at milwaukee the decision cilea the milwaukee court jurisdiction over the entire epstei in tho mitter of receiverships receiver ships division ot coal tonnage Ton naze new york jan 28 the appointed at the conte reme ot abo presidents of the anthracite coal carry arg roads to draw up a plan for an equitable division of the anthracite coal tonnage will leold its first meeting today J maxwell president of the central railroad of new jersey is the chairman of the committee and the other members are president thoma of the erie and vice president II olden oatlie delaware lackawanna western away at ahe st paul new york jan 27 tho position of the american line steamship st paul on the bar of long branch remains unchanged however a pilot has been sent to ahe steamer in alie hope lie vessel may be floated roon the cargo is detill being discharged and another effort will bo made at next high tide to pull alie steamer into deep water templo lot in missouri salt lake jan 27 A special to alie herald rom Wab hington aas alie united states supreme court today dismissed as per stipulation alie cases of william garland appellant vs the bear lake waterworks Water works and irrigation company on motion of sir dillon attorney for appelless appellees app ellees tho case was on appeal from the court of utah the court also denied the application fora writ of certiorari in the case of the Church of chrast of independence mo vs atio organized Ile church of jesus christ of litter day saints involving the title of the temple lot which bolh claim both factions concede that this site was selected by joseph smith who said he had a revelation that it was to be the site of the new jerusalem both claim to be heirs of the original church the eighth circuit court of appeals decided in favor of the reorganized church and the action of alie supreme court today is equivalent to refusal to permit an appeal thus vir dually conferring title on the reformed church the court aleo advanced the case of the bannock indian race horse the case will be argued the first monday in march involving the right of bannocks Ban nocks to bunt in wyoming anier the united states treaty Base in Conven ilon new york jan as the annual meeting of alie national board of baseball managers which convened at alie fifth avenue hotel today promises to be one of the most important board meetings ever held not only are some important questions between individual players and managers before the meeting but for the first time in the history of the game the minor leagues have secured recognition and one of the questions before the board today is more particularly ticul arly in connection with the practice which has prevailed in the past whereby the larger clubs acquired a man from one of the smaller clubs and then deter payment for three or four months reserving the right to return the men to the lesser organization if they choose the national beard waa called together by chairman young the annual election of a chairman secretary and treasurer resulted as it has for years in alie election of nick young to alie position A number of appeals for final decision between players and various clubs were considered and disposed of at the final session tonight this addition was made to article 6 A club making selection of a player as authorized in the preceding paragraph of his article shall have the right within thirty daya ot notice to alie secretary of llie board of such selection to withdraw from such selection and on notice to the secretary he hall return to ane club the amount deposited with him the selee club shall within sixty days of iti original se lecton tender the player so selected a formal contract and in case ot io failure to d so the secretary of the baird shall remit the amount deposited alie club for whom the player wag selected ahe managers then adjourned to beet again at the annual scheduled meeting 0 february when all questions row before the league w ill be finally disposed of general porter passes away tew york jan 28 general joseph H porter died at the grand union hotel last alie immediate cause of death was complications from a pun abnot wound in the tunas received during the war the body will be taken to poughkeepsie for burial general porter wa 54 yeara was born in dublin when his parents who were virginians were sojourning sojo in ireland he enlisted as a drummer boy when the war broke out and went K the front with the twenty seventh new york volunteers for bravery and meritorious conduct he teddy promoted and served until disabled by wounds subsequently he went to egypt in an capacity by the government on his return tie settled bui naw york and practiced law and burneal to death cardiff wales jan 27 the work of rescuing the colliery n inars is progressing slowly ane pit was found to have ahre and the hindrance that is caused to the work os resane added lo 10 the tension of it was only through braving the peril that the living were able to prosecute prose cite their auest ouest for the dead the number of the dead removed grew horn twelve to fifteen and then twenty and alie list of those to have been in the ill fated shaft kept constantly crocini cro wini and heiti it the nu of bereaved families wailing at atie borlace Bor face under great tha th a numerous cave ins the advance and mating it impossible to reach recarte portions of the hisae white the defective ventilation often drives back tho echo are advancing en their sad errand alie last to come out brought with them five bodies none have been found alive and it is not now holca that UH V will her it was reported at that more bodies had been brought to and gome of those who were have been rescued alive and are ab e to tall the occurrence it is impossible to ascertain the enact number of victims as the number of men in the mine at the time of the is ant known but those who have been engaged in the rescue work tell fowble stories of the scenes they witnessed and the dead bodies they stumbled over strewn in all directions as thay fell overcome by fire damp or hurled by tho forca of the explosion one ot the survivors a foreman who was in the mine itself alien the came started to work his way in the direction of the entrance with ul and almost hopu lesa laba making recent reu ent pauses in one spot he was obliged to stop and wait four hobus on account ol 01 the fire damp at the end of that time he ventured a lew stepa further when he had ta desist again and wait another two hours in hopeless darkness another foreman who made his vay out of abo mine relates that lie passed numerous men on the way who vew unconscious and helpless and badly bened ILc oud do nothing for them and was obliged to leave them to their ate ano rescuers rescue ra continued their vork in all through alie night encouraged cou raged by the of a few to hope that still others remain alive in niina elivea may possibly poss bly be saved crisis passed tho government of nicaragua hi normal internal conditions and the political criena ia pronounced over |