Evening Star Newspaper, April 11, 1876, Page 1

\ 4 ~4 THE EVENING STAR. | PUBLISHED DAILY, Sundays excepted, | AT THE STAR BUILDINGS Pennsylvania Aven vr lith street, | Be | The Evening Star Newspaper Oompany, | 8. H. KAUFRMANN. Pros't —— | EZ EVENING STAR is served by corricrs fo | hea at Ten Cents per week. or Forty- | four Cenis per month. Cypics at ihe counter, Two Cents each. By mail—postage prepaid— Sixty Cents a month; one year. $6. THE WEEKLY STAR- published on Friday — S2a year, postage prepair : BF All subscriptions invariably in advance. BF Rates of aulvertixing furnished on appiication. —— Vee. 47—N2. 7,18 “EVENING STAR. | Washington News and Gossip. GovERNMENT ReECaiPTs To-Day.—Inter- pal revenoe, $317 oh castoms, $64 THE PoSTMASTER G:NERAL returaed to the city this me reine. Tar fireralof Mrs ss. e. Batler will take p'ser at Lowell, Mass., on Thursday next, 2o'elock p. m THE House AppropriationCommittse have agreed to non-conenr in the Seaate amend- | ments to the consular and «diplomatic bill, and will ask yittee nf conference. MOVEMENTS OF VessELs —Tae Naval Alert arr.ved at New York, on Saturday, from Port al. Toe Shawmut and Ajax errived at Port Roya!,on the 7th inst., from Key West. Five rR AND Hane i APPROPRIATION — The Howse yesterday, by a two-third vote, Sus pended the rnies and p» et the river and appropriation bill. The bill avpro- ver ive million and a balf doliars. a -The Presttent sent the | folowing nominations to the Senate to-day: Miss Tillie Oldeo, Park Leteher 8. Cram, Oswego, David Brown, Nebraska City, Ne- Tue Hovsk Disrxicr CoMMITTRE met this morning, and after a short secret ses- jon, daring which a witness named W.B. Mason was fexemined. Gen. Birney submit- led to the committee the answer of the Dis- trict Commissioners to the interrogatories ©f the committee (printed elsewhere in to- day's STAR), which was read an discussed. CONFIRMATIONS.—The Senate yesterday confirmed the following nominations: Chas. MeMitlan, of New York, to be consul gener- alat Rome, vice Paul Dahlgren, deceased. » D. Carothers, Uaited States consul at Saitillo, Mexico. Barbour Lew!s, appraiser ef merchandise, Memphis, Tenn.; also sev- eral revenue service promotions aud post masiers. Goop N&tws FoR THe FrRiovenep TEASCRY EMPLOYES.—The House Com- mittee on Appropriation this morning agreed to recommend coneurrence in the Senate amemiments to the silver bill. This makes 8D appropriation of $211,000 for the Bureau of Evgraving and Prin Ing, aud the | prospect of its speed: ssage, which is now Assured, will be good news to the suffering employees. Tue Tartrr Bit —At | o'clock today the Committee on Ways aud Means, by a! strict party vote, finished the tariff bill and | ordered the chairman to report it to the House. There was along wrangle over the tea and coffee clause. By way of compro. | the muse the chairman proposed to reduc tax 0} ted to 5eents per pound aud on Tats was voted slow by 6 to i Kelly, repub: s, voting with | mocrats. ‘Fhe next proposition was | ke iea and coffee from the bill, which | was carried by the sanie vote, # to 5. Dom PEpRo.—General State department today a | ks called at the «d inquired of ngements ment fo tender a fit Pedro, the Em t Mr. Fish | stated that th itively de clined any ent ation, but that the Si elary of War, and t Navy would go to New Y ats arrival to Welcome bim to AVERY AT THE CaPrirot Two visit at the Cap’ formewhat of a sensation. Crocker, war ‘en o! Wm. ©. Avery ury cepartmé gbout a half? AS A WITNESS. | dejected. Louis to THE SILVER 1:11 p: terday with ameudme made to hi if brought into the House im- mediately after its passage by the Senate, and to bave the amendments conenurred in; bat Genera! Banks was making a speech on the Hawatlap treaty, thereoy abutting it of. When passed by the House the amount @ppropriated for the Bureau of Engraving aud Printing was $13,000. The Senate added an Amendment adding 15,40) for the print- ing of national bank notes. Another amend- ment provices for exchanging the fractional currency as fast as redeeme:! with the sink- ing fund. It is thought that the bill will pass the House as amended, with but very Iittle opposition. The Safe-Burgiary Satts. INVESTIGATING HOW AND WHY WERE DISMISSE}. A.G, Riddle was the only witness exam- ined to-day by the safe-burglary committee. He testified that the conversations he had With ex-Attorney General Willlams wit! reference to the dismissal of the svits against Harrington and Whitley made the impres- sion vpon bis mind that the suits were dis- Wissed upon an order from the White Honse. Attorney General Williams, in his testi- mony before the committee, said that Bab- coc bad spoken to bim concerning the suits, bat that he urged u that they way or ibe THF CUMBERLAND MINER'S A mass meeting of miner ay afterr bund of music sed the Senate yes | An effort was THE) to an € er. D opposition to tic i rate of sixty. SIN Mr <tco._The co represents a‘lairs at as io be ver. Diaz, the re order ess it bes Iiaz is preparing to march Monterey, and ing raunttions war for that pi uumor prevailed at Matam< ad been shot, but REPUBLICAN VICTORY IN HAGERSTOWN. ‘ At Hagerstown, Ma., the annua! election for Wa} Or and town counclimen took place yes- terday. The vote polled was 1,126, being larger than ever before cast there. The vote stood: For mayor, Dr. M. A. Berry, damo- erat, 534; W. 8. Swartz, republican ? town council four democrats and MORE TkovniE bor Gr St. Louls cispaten of 5¢ trict Attorney Dyer sait Barcock.—a | erday says: Dis- | »day that if the point raised in the McKee case {5 sustained yy Judge Dillon, he will go tae er | rance of trict court and call for tue apy General Babcock to answer to the origiual eharge gainst him, and, if he does uo: an- | swer, a8K for the forfeiture of his bond and | | that a capias be issued for his arrest. ARREST oF Fostex BLODGETT.—Foster Blodgett, superintendent and treasurer of the rgia state road under Gov. Bullock, | Was arrested in attempting to pass through the state, and brought to Atianta. His law- yers seek to effect bis release on the ground @ @ pardon by Goy. Bullock. The case is yending in Atlanta. VeRpict OF MURDPEE.—The trial of An- éreas Fachns for the maricr of Wm. Sim- mons, was concluded at Brooklyn. N. ¥., yesterday. The jury found the prisoner guilty ef murder in the first degree. 87 The population of Philadelphia. ing to the census just completed by dice of that city, is 817,448. ta Che Evening & WASHINGTON, D. C., TUESDAY, APRIL 11, 1876. The War Department Investigation. | FORTY-FOURTH CONGRESS. Post-traderships, Moths, Etc. After our report of the proceedings before the Committee on Expenditures in the War department closed yesterday : L. Sf Gregory, post-trader at Fort Richard- sen. Texas. testified that Gen. E. W. Rice held the appointment as post-trader; witness run the ‘t; pnt all the money in the con- cern and paid Rice one-third of the profits. The appointment is now In the name of wit- ness. Put @ stock of 8 costing $10,000 there; bave paid Rice so far $2.¢30. In 1872 the post was given witness. but hestill sends his portion of the profits. Have paid $190 in reply to @ circular signed by Senator Har- lan for political pu One evening last week saw SIMON WOLF at the National Hotel. Wolf was looking for Trainor; noticing Trainor come tn, wit- ness introduced him to Wolf. Trainor re- markc4, “I should think I knew him. He is to whom I have paid money.” Wit- s remarked to Wolf, “Pay no attention to Tratror; he is a little full this evening.” Wolf said he never saw him before, and T airor says he knew Wolf well. Tae opin- ton of witness is that Trainor knew Wolf, as the moment he saw him he recognized him. | THE HOUSE PRESENTATION TO GEN. REY- NOLDS Witness then gave a history of the pre- sentation of a bonse and furniture to Gen. Reynolds, U.S. A.,at San Antonio. Texas, by Adams and Wicks contrrctors. The fur- viture was purchased by a subser!ption list, @ great many of the citizens of Sau Antonio contributing. JAMES TRAINOR WAS RECALLED and testified that he may have been mis- taken in saying that Loeb told him that he bad paid Wolf Money. He supposed,as he himself had paid Wolf, all the other traders tad also paid him. A “MOTH RING” DENIAY. Ingheon Coryell testified that be did not tell ivavid Webster that he believed that Gene- tal Meigs was in “the moth ring.” He said, on the oiber hand, he thought him to bea thoroughly honest man. MES. GENERAL REYNOLDS’ HOUSE AND FURNITURE. £. L_ Wicks testified thrt he was a contrac. forin Texas, and that some fifty or sixty citizens of western Texas presented General Reynolds’ wife with a furnished house at Sab Antonio, worth, probably, $10,000: Roy- tolds bas since sold it for $7,000. Adjourned. The Testimony To-day. *The Committee on Expenditures in the War department met this morning and ex- amined Lieutenant Frank L. Shoemaker, who testified that Lee and Reynolds, cone tractors in Texas, were the accepted bidders for 1,500 cords of wood,at $8 per cord, where other contractors had’ bid as low as’s3 per cord. Officers of the army protested against recetving the wood, and an order came from the War department directing that it. be re- ceived. Witness said that be had known Jim Trainor for four or tive years, and had never heard his reputation for veracity ques- tioned. Adjourned The Hallet Kilbourn Habeas Corpus. A Writ Ordered Returnable Forth Rema ks of Surge Cartter- To day, at 10 o'clock a. m., Messrs. Black, Carpenter, Jeffries, ridge and Voorhees with whom Mr. Davidge is associated course] for Haliet Kilbourn, (who was c: mitted to jail on the 4th of March by order of the House of Repre: atives, for con- tempt in refusing to produce certain booas papers in the re tate pool investi. n,) made formal arctication to Chief ustice Certter fora writ of habeas corpus. luearing took place In the Equity Court iD, and there wes quite a number of spec- ators present. among tham Columbus A lex- areer, J. F. Olmstead, and many members of the bar, Voorhees read the petision Jeffries, (quite a long one, forth the facts,) and added ‘iat no! aing his associates could say would ald TCDGE CARTTER SATD ‘ Wilton! prejudging any of (he faets or 18- S-es involved im this ease, 1 am going to rap! (bis writ. I understand the office of Ibis writ to be to prevent to the judicial heritles of the country ‘he claim that a private citizen may bave [o bis liberty, asa writ of right chat follows the citizen in pro { his liberty everywhere, whatever muy be involved. I shall not now i the same conclusive evidence of his eing wrongfully imprisoned that I would in testimony to the issue ou! of which his imprisonment grows. That is another coa- sideration. But he shall have a hearing. That is what this wri! is provided for, to give bim a hearing; not to deiarmine his rights under jt. It is provided in order to give bim @ hearing before judicial aut rgrity. — may take this wril, returnable forth: with.” ‘The writ was directed to John G. Taomp- son, Sergeant-at-Arms of the House, and the time for the retarn was fixed at 10 o'clock to morrow. This afternoon the marshal maile return that he had served a copy of writ as di- ted Tinutes past 1 ack. THE SCHENCK INVESTIGATION. A Bad “Slip” in Little Emma. At the meeting of the Foreign Affairs Committee this morning, Mr. Swann, chair- man, announced that the committee had decided not to admit testimony relative to Lyons’ character for truth and veracity; at the same time the committee intended to do all they could togive Gen. Schenck the wides! opportunity for vindieation. OF Hall late collector of internal rev- enue in Utah, was then sworn. He testified that he knew Lyon, who frequently came to the office of witness. In answer toa ques- tien wlether be knew of any attempt or ef- fort to intluence Judge McKéan’s ¢ecisioa in the Emma Mine case, witness testified that Lyon came to him and said if Judge McKean id look at the case as be (Lyon) did, 1T WOULD BE WORTH $100,000 TO HIM, McKean.) or he could get a twelfth interest. Lyon must, therefore Jered the MILE WOrih $1,200,000. ‘ot men- tion this matter to MeKean at the time, Afier that, when he found that Lyon was trying to bave McKean removed. on the greond that he was corrupt, witness told | McKean of Lyon's suggestion.” Lyon at that ime had and St removed. J moved @ year ag Senator Stews oy ‘art Was using bim to have McKean dge McKean was, however, re- but not on account of any | connection with the Emma mine, | L. 1). Colbath testified tat ie was a practi- eal miner. He examined the Emma mine in sil, #i the suggestion of Lyon, and re- ported that it was a valuable property: thin so yet. The testimony of this witaess was altogether to sustain the theory that the Ipine Was still valuable, and under good inapagement would not have resulted in a failure. Heexpiatned that tn 1575 there was WHAT MINERS CALL A “SLIP” in the mine, and right after that Mr. At- wood. the English engineer, took charge of it, bu! he did not explore for the vein in the proper direction. If he had followed the slip he would have strack the vein again. Other witnesses gave similar testimony IOAN CITIZEN IMPRISONED IN )— A ielegram to the Galveston News from Laredo, Texas, says that an Americ: e of New Laredo, Mexico, named Dia- bad been imprisoned by Quintano, ederal commandant al that place, who d to shoot bh jess he complied no’e demi for mouey bat he wa ently re The revolution- TY [OFEES aitact Laredo yesterday 1n0} Ning, ar est accounts the fight Was Still in progress, aud several pei the America side are reported woumled. Another despatch says Major Merriam had fired on the Mexican town. SExp YouRT&ADE DOLLARS THIS WAY. A Sau Francisco dispateh says that the trade Goiiars, being practically driven out of etr- etlation on account of thediscount on them, retail dealers yefuse to accept them for over vinety cents; balves are also refased in sums exeeeoing legal-tender, and have been ai pearly a8 great discount, until within a di or two, when the practical demonetizing of trade dollars has cause: halves to appreciate slightly. —<______.. JAMES{(WATSON WERE.—Suit was com- meneed in the District Court at New York yester against James Watson Webb, for Derxiy Maioaer to_ Brazil, to recover $45,- (60 belonging to the Government and alleged ' to have been salsappropriated by him: | | TUESDAY, April 11. SENATE.—The Chair laid before the Sen- ate @ communication from the Secretary of War enclosing the report of Gen. Vincent on the pay of bounties to colored soldiers. Re- ferred to the Committee on Military Af fairs. * Mr. Merrimon, from the Committee on the District of Columbia, Hones bil! to provi ing of cec is, mortgages, &c., in the District of Co- lumbia. Mr. Cooper, from the Committee on Fi- nance, reported House bill appropriating $40,000 to | gears for Ube expenses of thead- mission of foreign goods to the Centennial exhibition. Passed. On motion of Mr. Ingalis, the vote of the Senate rejecting the House bill to incorpo rate the Matual Protection Insurance com pany, of the District of Columbia, was re covsidered, and the bill laid on the table to await future action. Mr. Dorsey called up the bill to anthorize THE REPAVEMENT OF PENNSYLVANIA AVENUE. The third section was amended so as to rovide for the use of rectangular instead of are Llocks of stone, near the street car racks. The amendment providing that the Was ington and Georgetown railroud shall have power to select tue material with whier to pave their tracks was, oa motion of Mr. Dorsey, disagreed to. Mr. Sherman moved to amend the first motion by providing that the repaving shall not include the sidewalks. Agreed to. Mr. Fdmunds moved to amend the first section by striking from the seventh line the restriction placed upon stone. He said it was his impression that an asphalt pave- ment would be the best, bul as sloue was used wilh great success in many other citics be thought it best not to exclude the Com- missioners from apy discretion In the matter, otherwise they would be confived to asphalt concrete stone. Mr. White advocated the amendment Mr. Ingalis opposed lt. He said there were twenty or thirty different kinds of asphalt pavements. The committee bad excluded tone, not only on account of Its great ex- pense, but because il was not deemed suit- able. S one was used for commercial streets was heavy traffic. Penusylya- wasa retail thoroughfare, and driving purposes. Toe eousideed that stone Experience had demon. strated that asphait was the best kind of pavement for this city. Mr. Burnside suggested that cobble stones be excluded, but said that it seemed neces- sary that the foundation of the road bed shoald be of some kind of stone. Mr. Conkling suggested that a McAdam Ppivement might do, bat said be would never consent to cobble stones or square blocks of slow He knew a good deal abour stone pavements, and he would not be willing to vote for apy Kind of stone pavement for Pennsylvania avenue. He alluddet to the Ca: gers acd the cruelty visited upon ani- mais by the Belgian blocks used ia New ¥ He was also opposed to any kind of wood pavement. Mr. Edmunds said ip moving the amend. ment bis only objeet had been not to hamper tse Coromission. His own preference was lor asphalt, but be wanted the commission to bave some discretion fa the matter. Mr. Morrill (Vt.) said the price of the as- phalt and concrete payemen's was now roneb less than formerly. The best asphalt could be obtained for about one-half. Mr. Edrounds withdrew bis amendment, and Mr. Burnside moved then to exclude block and cobbie-stone. Mr. Burnside, in arswer toa question of Mr. While, said this Would leave broken stone. of which some of the bert roads in the country were constract- ed. The amendment was then rejected. Mr. Fémunds renewed his amendment, and it was agreed to. Mr. Oglesby asked why excinde anything. If wood and Stone were io be exciadet, why rot exclude everything else, but dirt. Dirt would be a great improvement on the pres- ent condition of the avenue, and it was plenty good enough for the people who mul: yhat itwas. He was giad,at any rate, the new pavement was not to be co: structed under the same auspices that p cown the present road. Pennsylvania aye- nue in its present condition was a disgrace and &n evidence of one of the greatest frauds tat bad been committed fora quarter of a century. Under the commission as now proposed there was some chance for the work bow to be done honestly ana fairly. : commission are to pass Upon the mate ,and he thonght it best not to restrict » Gader and the wes very noisy. be sery csreful about the Kind of pavemer they put down. We are not now ina c: dition to put down an expensive paveme: We waut & cheap and durable material. Tue days of splendor and of maguificesce and of real-estaié speculatious are over here aad elsewhere, and we have got to come down in our potions. If it were not for the personal inconvenience that he expegienced he would not vote for anything, bat let them have dirt. Mr. Allison said the very pavement which bisfriend denounced was down by ex- press authority of Congress, and it was the Worst and the most expensive of all put down in this District. Toe engineer of this District bad practically condemned asphalt pavements. He had told us in his reports Ubat the ouly pavement which had stood the test was the Neutchatel. Ile thought it very hard to make the proverty holders on this Avenue to one-tuird of the expense. They bad been compelled to pay two-thirds of the expense of a pavement selected for them by Congress, and now in five years they were to be compelled to pay for another. r. Morrill, of Vermont, asked if the Property holders had not petitioned for the epaving of the Avenue. Mr. Allison did not know about that. Mr. Sargent said he did not know what the Senator from Iilinois (Oglesby) meant by his assertions of fraud in regard to the pay- ing of Pennsylvania avenue. That paving was done under a commission, coasisting of Mr. Cox, the Secretary of the Intertor; Gen. Michier, Commissioner of Public Buildings and Grounds. id Mayor Emery, of Wash- never heard any of these id. Tt was becom. | Ing the fashion now, whenever the affairs of the District of Columbia were discuss: 1, to inveigh by the wholesale against fraud, and Genounce ever ose who hal been connected with affairs here, Speaking for his constituents aud for himself, ue d sa@y that they did not wa: I streets and avenues to be Mirtroads. They did not want to Japitol, and seli the dome for hot want to tear up the parks of and root ap the trees. They took a great pride in the capital of the uation, and they wanted to sce it beautiful, ant they were a little farther off Unan tad peoph Ithinots. Mr. Oglesby said he also took a pride in the capital; but ihe kind of pride be teak was taat the local administration of the capital snould be free from that suspicion which had aroused the ipaigoation of every voter in the land. He said thatit was detestable, and so it was. The Senator from California differed from | him in bis @stimation of the people who had held control here. He repeat that they, then, should be more moderate in their actions and in their expenditures, as they could not expect to escape the just indigna- ton of the pegple of this country. He wished there had been no provocation for this indig- pation. He lusisted that the conduet of those who bad been in control here had not been disgusting, but he claimed the right, as an American citizen, to express bis protest. As to dirt roads, he had been used to them all bis life, and what was good e: for him bi ~ enough for the egg oe oe for they had r er inthe mines of California. “He sid howe ever, that he supposed he would vote for the | bill, as the avenue ought to have some kind of pavement. rt, Hamlin said be coincided with the Senator from lowa (Mr. Allison), that it Was an out to make the y-hold- ers pay a of the expense of repaying a) ing hi iri Mr. Inga) @ morning hour expiring, Mr. Ls said the bill was very important, and he pro proceeded with. Te asked why it was important. Mr. Ingalls said it was important because of the condition of the Avene which was such that a fence might i be put up | for the protection ee ee Te did ik It tmportant. He | bad no difficulty if traveling over the Ave- nue. He intimated that the bill could not pass without considerable further debate, The bill then went over. HOUSE OF REPRESENTATIVES.—On maotion of Mr. Hoiman, the Senate bill ap- propriating $25,000 for continuing the work on the Capitol grounds during»the present fiscal ir was taken amended read Sip, /and passed. sania - Indians. Referred to the Committee on In- dian A fairs. The House then in the morning bills of a pub- leration of and gave notice that he wonld call it up to” morrow, for action by the House in Commit- lee of the Whole. Telegrams to The Star. SOUTH CAROLINA CONVENTION Disorderly Proceedings To-Day, DETECTIVE BELL AGAIN, page CROOKED WHISKY DEVELOPMENTS. Se BALTIMORE ELECTION TRIALS. - THE ACCUSED ALL ACQUITTED pg ne THE SOUTH CAROLINA CONVEN- TION. Breaking Up in a Row. [Speci to The Eveaing Sia Conumepra, 8. C., April 11—Tne South Carolina Convention is in an uproar and breaking up without perfecting an organiza- tion. Elliott Speaker of the House, drew a revelver on Judge Mackey; a chair was raised to strike Gov. Chamberlain, but the impending blow was warded off by'a corre spondent. Terrible disonier prevai K gilaneeatnDuchecrsl CROOKED WHISKY AND CROOKED DOINGS. What an Arrested Ex-Collector Says. San FRANCISCO, April 11—Colonel A. C. Dawes had an interviey to-day with Cnas. B. Wilkinson, ex-collector of internal reve- noe for the western district of Missouri, ar- rested here on the sth instant for the em- bezzlement of stamps and conspiracy to de- fraud the revenue. "Wilkinson asserts that he ts i Fey ofnocrime. As to the oo of United States gaugers’ accounts he says Bittinger was elected to the legislature and employed Beigensen to do the gauging. The b:l's were approved in Bittenger's name by ORDERS FROM M'DONALD AND JOYCE. He is convinced since Bittenger pleated guilty that the conspiracy to defraud the government extended throughout northern and western Missouri, and that Joyee, Me Donald and Bittevger shared the profits, but he mafptains that it will ba showa bygvi- deuce that distillera and members oF the “ring” were instructed to wituhold all kKcowledge of the conspiracy from the col- or. From fugitive distillers whom he met in Melbourne, he learned that Joyce represented to the distillers of nortuera Mis- sonri that ASSESSMENTS ON “CROOKED” were levied for party mitted to Babcock in W the custom to pay em for steaming stamps f using them on new. tation that WHISKY nd trans- it was oyes 35 per stamp oma ol barrels and He says he has fofur- EVEN U. S. SENATOR Signed @ petition for Biltenger s pardon cluding Messrs. Haryey and Ingalls, of K Mo., Morton, re aa- Cockerell, of ad., Neb. agony possible from the consequences of bis meral cowardice, and had determined be fore his arrest to meet tbo matter and will not ask ball on his return. At the time of his leaving St. Joseph, Mis- sourl, 0.,he says owing the whi xeltements he could not have ootatne under the indictments, which, wit ice, threatened bim, but acted sutcida leay ing as he did. ilkirson_ will pro! £0 eastward, in custody,on Thursua DETECTIVE ae CONTRADICrED AGAIN. What Collector Lewis Weitzel Says. CINCINNATI, April 11—In an interview with Colonel Lewis Weitz2!, revenue collec tor, concerning charges of whisky frauds with one H Obio, Colonel Weitzel says :— to say, except that, so far as [ aed, that there Js not one grain of truth in the Statement of Detective Rell. Up to the ime Hogue went to St. Louls I believe he was an honest map, but he was there made to be lieve that General Babeock and the whole administration was in the ring, 2 while money was goinghe might as HAVE PART OF THE “SWAG. Senator Morton interested bimself in the case, believing be was unjastiy treated, but as soon as be found out Hogue had betrayed the trust he, with Tom Young. immediately dropped him. District Attorney Bateman depies that he refused to arrest Hogue or put bis case before the grand jury. ‘ihe grand Jury did not ineet until after the election aud that fact sufficiently answere: the assertion. He was of the opinion that Hogue could not be prosecnted in this district, but in Indiana, where the body of crime bad been commit- ted, and With Uus view he put himself in communication with the district attorney at Indianapolis to ascertain what value the telegrams mentioned would lave. ENFORC NT ACE ACQUITIALS N BALTIMORE Result of the Supreme © S101 BALTIMORE, April [l—In the United States’Cireuit Court yesterday Judge (i los sustained the deraurrer in all of the election cases under the enforcement act, aud ordered the acquittal of those indicted. The denur- Ter Was on the ground that the enforeement act was neither appropriaie nor const tional legislation under the constitntion and its amendments. Judge Giles sustained the demurrers in pursuance of the decision of the Supreme Courtof the United States in the recently-decided cases of Hiram Raese and Mathew Foushee. Fifty-six persons i Deci- were indicted by the grand jury in the U.S. ton of the enforce- aber Cireuit Court fer vic ment act at the state tiea in Nov last, and all were acquitted. ws, hea A ) Dafaication. NEw Yo pril 11—While the rece: of the Security Savings Bank engaged eastward in paying first dividends to the de- positors, Le discovered that the bookkeeper and tel obn Seal, who has been in the employ of the bank since » had embaz- zled fines to the extent of $70,000, and has Hed to escape arrest. This will result in a further loss to the depositors of fifteen per cent. Seal bad been embezzling this money from the time of his appointment. —e— The Propose: York Harbor. PARIS, April 1l.—The Franco-American Union has ized a grand operatic fes- tival for April 24th, the proceeds to be de- yoted to the monument to be erected in New York harbor. The musical societies of Paris, and it is ‘led several provincial socie- Ues, will take part in the festival. Tie pro- gramme contains a cantata specially com- posed for the occasion, by Gounod. peers ben! lees Fuchs’ Death Sentence. New_York, April 11—Andreas Fuchs, who was yesterday convicted of the murder of Wm. Simmons, was to-day sentencet in the Brooklyn court of oyer and terminer to be hanged on June ets. Ben Freiae sixes, ‘old, 30; Weat Va.. 9; North’ tax, 2bid to-day. Sagar |e qniet—middling, ‘ur steady, moderate and on t frm and siasiys western quist ber nantes asic yellow, 63s8i; po bid: i and bchanied’” Bye " i is be steady, . Hay unchanged. Provisions more tive and abade Porky Incats shoultiers, 9: clear rib sider 127 f Bs 9igAlB packed Be dere, W055 20) uncban, be and cas: em and urchan, Pam April 11 — Stocks aotive and loror. baw York; april ii Flour atiet and a sii spate Shear THE DISTRICT INVESTIGATION. Interrogatories of the Committee. Answers of the Commissioners. All the Questions Now Reeslied to. The Commissioners of the District of Co- Inmbia to-day transmitted to the Hoa. A. H Boekner, chairman of the District Commit- mittee of the House of Representatives, the following communication, containing an- *wers to all the interrogatories of the com- mittee except those heretofore replied to in the communications printed in Tax STAR on the 5th and 6th days of the present month: OFFICE OF THE COMMISSIONERS OF THE )IsTRICT OF COLUMBIA, : WASHINGTON, April 10, 187 Hien. AH. Buckner, Chairman 0f the Oomnii- f Cotembia. pounded to us by the committes relate to ns of law, and intimate a coustrne- Lion of the act of June 20, 1874, which createt this Commission and defined its powers dif. fering in some respects from the one adopted by us on entering upon the duties of our of. fice, it will make the facts stated = this di, anc 2S ve administered our functions, if we refer to the partienlar provisions of said act. By section 6 of the get there was create! a Board of Audit, consisting of the First and Second Controllers of the United States Treasury, and having fanctions and author- ity evtirely independent of the Come sioners of the District. This board of au- ait was charged with the duty of exam- ining and auditing for settlement all of certain specified classes of unfunded or floating debi of the District of Colambia and of the board of public works, ({nclading #mong others claims existing o, hereafter created, for which no evidences of indebted- ness have been issued, arising out of con- tacts, written or oral, made by the board of public works,) and of issuing certiffvates Stating the amount found to be due to each person, and on what account. These certificates were made convertible into 3 €5 js; the preparation of such bonds, and their issuance upon such certificates, being, by section 7 of said act, committed to the commissioners of the sinking fund. With neither theexamination of such claims, por the making of allowances to claimants, nor the issuance of certifica’es to claimants, bor the conversion of certifi- cates into 3-65 bonds, nor the preparation or issuance of 3-65 bonds did the Commissioners A the District of Columbia nave anything to do. The specific powers conferred by the act of June 20, 1874, upon the Commissioners of the District are, to apply the taxes and other | revenues of the District to the erdese seed of! its expenses and support of its pubile schools, fire department and police, the payment of certain debts secured by collateral; the cus tody of the offices and records of the Iusirict and beard of public works; and the power and authority theretofore lawfully vested in the governor, or board of public works, ex- cept fo far as limited by said eaactunent of June 2th, v4. and © ed restrictio tract, nor such '¢ ur any obligation, other than racts and obligations as may be y to the faithfal admintstratioa of i laws enactc! for the goverament of said Diseric legal obligation: teciion and preservation of improv ents existing or commenced and not completed at ne of the passage of the act. of the act of June 20, 157 nee between the powers of - streets, sewers and bridges, rimprovement aud repair, ac y previously pessessed by lbe board publié works in respect to the same sab matter; and the report of joint com. | ce which framed the enactment svows i this difference was designed by the law | of the act of Congress ap- | 1, 1571, entitled An act to prov ywernment for the District | Columbia,” provided that vourd the t Seet of public works shail have ' trol wake al! regu i the m necessary i ia streets, avenues, alleys and sewers of the city, and all other works waich | be entrusted lo their charge by we gistative assembly or Congress.” But in | the report of the Joint Committee of i574, i vol d the repair, improvement aud con- (rotof the streets under the management of | an officer of the engineer corps of the army, | because they believe ucder such an officer, whatever work is done will be well done, and by an officer responsible to the Executive | abd to Congress.” This being the purpose of | fection 3, as stated by its framers, the pro- | Visions ef that section are found to be that Ube President, and not the Commissiouers, shajl detail an officer of the engineer corps of the army, who shal! not be deemed, by rea- sou Of anything in the act, to bold aeivil office under the laws of the United States; and who shall, subject to the general super- vision and direction of the Commissioners, have the control and charge of the work of | repairs and improvement of all streets, ave- nues. al) sewers, roads and bridges of | the District, and be vested with ail the | power and authority of. and perform the da- | Ues theretofore develved upon, the chief en- | gineer of the board of public works, and who | sball lake possession of, and preserve and | keep, al} the instruments maps, charts, sur- | veys, books, records and pers appertain- j ing to said office of said engineer of ine board Of public works, and who may With the ad- | | | vice and consent of the Commissioners, ap- | point two assistant eugineers from civil life, tobe subject to nis direction and control. Thus the Commissioners of the District were | given vot tbe direct. absolute and compre- hensive authority. previously possessed by the board of public works, over the strects, etc, and thetr repair and improvement, bat | only yenerai supervision apd direction’ over the engineer and bis proceedings, and over the work of repairs and improvement com- mitted especial directly lo bis charge and coutroi by the act of Congress. Even as respects dessgnalion of assistants to tt gineer the mMinissioners ha the 4 ty au given to he en: Tbe purpose of the law as aby th report of the ubsnitted | be improvem: Copgress is tha as Well Hs Te | the charge a engineer oilicer of the axtpy, who shall have the nomination aud Copircl of bis subordinates, be subject | only to the geperal supervision aud direction of the Commissioners, avd be, in the lan- | guage of (he framers of the law, “respousivie | to the executive and to Congress.” Soon after the Commissioners and the board of audit assumed Ubeir duties, tne question arose as Lo tue power of the of andit to examine and allow claims which might thereafter arise by the future perform- ance of contracts made by tbe board of puo- lie works and not theretofore fuily performed. This question was one for the decision of Ubose officers. - The cognate question also arose as to Whether it was the duty of the Commission- ers and of the engineer in their respective functions to stop i wader ccontracts of the late board of public works which bad bot been fully performed aud to resumption of such work, or { was the! whether streets nd sewers should be left in their then un- condition over large a finished and np — oo ts lable to waste : destruc jon, putting and pansy. and ihvol the District in wa i involving liability at the suit of parties | tain injuries. fore the to sus- bad this question as to were and duties; and the board of audit had decided the similar question their own jurisdiction, the Commi . in ad dition to their own counsel, at the benefit of the views of a distinguished law- er, who was then, and still continues to he leading member of one branch a fat “19th of + ve ase into bonds. This decision of the board of audit necessa- rily recognized fot only the wer of the Commissioners, but as well 20, 1874. they be executed, whether tn literal compliance with their e itions, or with modt- ed “extensions,” within the limitations of the law, upon the cor sideration how the public Interest would be the better promoted, which was of neces- sity, in large measure, if not wholly, an en- giueering problem to be solved by the engi- heer of the District, on whom the technical duty devolved, by !aw, of executing the work under the contracts of the board of public works. In practice this was done. The en- giveer determioed the manner of doing the work and where to be done, which determ|- bation be communicated to the Commis- stoners in the form of & recommendation, which they epproved: Thereafter the engi neer Supervised and directed the execation of the work. The decisions with reference to thetr re- spective functions thus made by the board of audit and the Commissioners are believed to be not only warranted but demanded by the provisions of the act of Jane 3), 174 Section 3 shows that work of repair and improvement upon the streets, avenues, alleys, and sewers of the District was con: iemplated, for that section gives to an engl- heer officcr of the army the control and charge of such work: and the report of the int committee of 1574, which prepared the law, stated as the reason for the provis the actof June 20, 1574, placing repai improvement under the managem engineer officer of the army, that, in the opirion of the comm! an i “whatever work is done will be weil Again, the report of the joint com- Which was submitted at the same time with the btll, which alterwards became the act ot June 20, 1°74, contains an estimate of the “obligations for which the board of pubile works and the District are really liable.” It includes the following item: “Contracts not yet completed. Com., page 1.) And on page 2) U committee make the following provision for the fanding of ail the obligations of the District and the board of public works, (which of course inclade the item of “¢: Iracts net yet completed,”) viz: Tne com: mittee, believing that it is dae to the on of the District (hat «ll che debis created by the board of public works and by the District vernment should be adjusted, and imas- much as it will be Impossible to im) sur ficient taxation upon the property of the Dis- trict to provide for their immediate pay- ment, they bave recommended that these deb!s be funded into a bohd payable at a remote perlod and bearing a low rate of interest.” Respecting the impossibil!ty of estimating With certainty the item of “contracts not completed,” the committee use on page ing laneuage: “The amount of t was not ascerfained with entire 2eeuracy by the committee, owing to the fact that work was in proyress upon some of the contracts, and was unmeasured or * ¥ her, on e 15, ny of these improv al, DOLAbLY @ System of sewe and i v to the health fort of its inba Will cost, when completed iban $1.909,000, including mat connecti sewers. There therefore ch sboule be necessary which was, the city and the the com tants. T) y as that tor the purpose of ited a supp’ owing expressioa gard to the District rge or impair its ‘otherwise th: rd of audit cer bonds, the act of D Si4, framed and reported by tue Joint Commiitee, cid rot farnish the means for defraying Uhe cost of procee ting with the contracts of the board of public works, aud with the completion of work which in part was fn the first instance a necessity, and in part had as to fature prosecution betome a hecessity by reason of what already had been core And the act did affirmatively aa- thorize the issuauce of such certificates in allowance of claims trough subsequent per- formance of such contracts. Section 6 authorizes the first controller and second controller of the U. 8. Treasury, composing the board of audit, to examine and audit for settlement, among otbers, the following, eoumerated as the fourth class of claims, “Claims existing or fereaste: created, for which bo evidence of indebted- Dess has been issued arising out of contracts, Written or oral, made by the board of public works.” This is the only class of claims tor which the board of audit was given jurisdic Uon over liabilities to arise or to be created after the passage of the act. Such claims could ouly be “create” after the passage the act Se completion of unfinis con- tracts. its is confirmed by the extracts above given from the two reports of te joint committee of investigation of 1s7'. It 18 confirmed also by the fact that the board of public works, uoder the act of February 21, 1871, bad no authority to make oral coptracts,. yet by the above clause of the aet of June 20, 1874, provision was made for the settlement of claims arising ovtof oral contracts made by that board, sbowing that the committee in that instance meant to provide at an equitabie rate for an equitable obligation of the board of public Works, though it bad originaliy been incur- red in excess of the power of the boar! Thus the conclusion was reached that con Tracts made by the board of public works, Ubovgh there might have been no antecetent appropri#tion for them, were by the act of June 20, 1¢74, provided for as respects their completion, and were not by that jaw diated and cast aside; that work inclad such contracts and reported by the commit- teeor ! ) be essential to community. di that the er andit “The changes made in rm government do not dis contracts or abi of in twelr re ue t recognize through w uid be accomplisued rlusion Was, a8 has been stated reached after careful deliberation, and afer seeking ard obtsiuing the valued aid ot an interpretation of the law by anemivent law yer who had also been a distingutshed mem ber of the joint committee which framed the enactment. This iuterpretration has since been confirmed by otber prominent members of the same committee. And promptly, fully and repeatedly une Commus- sioners and the board of aulit announced their respective decisions to the community and to Congress. Tonching these announce- ments, which began soon after the board of Audit and the Commissioners entered upon their duties, quotation is bere made from the recent answer of the board of audit, in which we find literal citation from the lan- guage of reports to Congress and of other com) ications. August, i574, a committee of the iyers’ association” of the District % and present- one necessary resnits That cor yy same iments which are pow made on that sider The auswered te ittee, and the substance of what was said was published in THe EVENING Star of August, 10, 1874. A answer in writing was addressed by , under date of Au; the 13, to the committee, and was published im THE STAR of August 15, 14. These dates we obtain from TRE EVENING Star of the Febraary, 1576, in which the papers are republished. — the written answer, we take the fol- | ha Upon the certificate of the board of and! This mode of payment is again by the engineer on page US of the Sam ort. sioners’ tof the board of audit dated , 14, (Ex, Doe. 1, part 6, 4d Congress, 31 session.) It was sal: “At the outset It was agreed that in the mato the duties of the board of audit related to Lhe past, while those of the Conmission- concerned the fatare. EATS only material exception to this arose under the fourth class of claims. ‘deelgnated in the act as claims existing, or hereafter created, for which po evidence of jodebtad- bess bas been issued, arising out of contracts, written or oral, made by the board of public works. Section Jof the act,in placing cer- tain limitations to the powers of the Com- missioners, distinctly declared that these werk shall extend ‘to the execution of ex- isting legal obligations and contracts, and to the protection or preservation of improve- ments existing or commenced and net com- picted at the time of the passage of this act.” { being thus apperent that the Commis- sioners Were authorized to proceed with the execution of existing contracts which had not been fulfilled, it equal Usat the claims thereafter creat In relation to th the board of audit said in that report - To the allowance of claims of this class objections were interposed by represeata- lives of the Tax-payers’ Association of the District. The ipal objections were based upon the allegation tbat the prices agreed to be paid exceeded the cash value of the work, and that, therefore, the contracts Were fraudulent, aud upon the alleged fet that the aggregate of these contracts carried the indebtedness of the District toan amount excceding the limit prescribed by the act to pres ide a government for the Distriet ot Co- umbla. “The boant of audit was of the opinion that, while the excess of price might prove that the board of public Works was improvi- dent in contracting, it bot necessarily nt € a badze of fraud in the contracts; avd, indeed, in many instances, it was ap- parent thet the contractors were 1 losers, the upavailable or deprecia- led evidences of indebtedness with which th ey were paid. “For tbe fact that the aggregate of the con- tracts imposed upon the District an amount of indebtedness exceeding the limit, no contractor was responsible. Each contract was clearly within the powers con- ferred upon the board of public works, and ho one. ror all together, necessarilv implied the creation of a dept in excess of the au- thorized amount. The reseit of all 4 be lity wrth class of claims, At debt in such excess, bul the responsib rests apou the agents of the District, and not With those Who made coutracts within the apparent authority of the board. Besides, the work was performed and the money ex- pended with the knowledge and and under the promise of payment, of who represented, and who only could repre- sent the District in this business.” And again. in reference to contracts, the board of andit said in that report “Under mi any, Of these contracts work has been cor by «lirection of the Commi stoners, and claims thence arising have been audited by the board. “In addition, tere Isa large number ot measnrements by Une engineer of work under contract, tbe amouat of which has not bee: computed. ‘claims in this class include a large amonst for work done wader the Commissioners. And again the board o report, tn reference to ur the several classes, that «hy a continuance ofwork under contracts, No. 4 will be ulti- ately increased.” The amount of the in- creasé depended wpon the action of the Com ssioners, and was not ander tue control of board of audit. When the board of andit bad made their Teporlof December svt, they considered their functions at an end, and ceased audit- ing. The construction given to the act of June 2 i, by tbe Commissioners and the board o! audit, and the action had ia confor- mity thereto having been thus made Knowa to ihe public and to Congress, that body, with kLowiedge thereof, passed the joint resolution approved Leoember 21, 1874, there- by resolving “the the board of audit consti- luted by seclivn 6 of Ube act entitled ‘An act for the government Of the District ot Golum- 1a, and for other purposes,’ approvi ane tw th. eighteen bondred @nd seventy- four. by coptinued until oberwise provided by law. with all the powers and dutica specified in i section.” That resola- Uoen aiso extended the time “for presenting claims” of ail classes, eight in number, inciudi:g clalms for damages to realestate not before presented to the board of public Works. for the period of thirty days from that date. Uncer that section of Congress we assamed, and had au unquestivnable right to assame. that the ings of the Commissioners &nd the action of the board of audit, and as Well also the construction given to the act of 3 », Id, met the approval of C > oMumissioners were, “until otherwise provided by jaw,” to “exercise all ibe power aud authority pow lawfuily vested to the governor or board of public works of said District,” and tbat act removed the Limita- ion previously fixed. to the debt of the Dis- trict. The joiat resolution provided that the board of audit should be tinued until olberwise provided by law; and the board of audit beld office by the same tenure as the Commissioners, and under the known construction which bas been stated. On the passage of Unal resolution, the Com- Mission: rs and board of @udit proceeded in Ue discharge of their ve dattes as jormeriy, as was publicly and general! well known. Under date of Febraary 15, INS, the Goard of andit re; their pro- ceediings from the passage of the j iat reso- intion to that date, and stated in ‘tae that tere had been presented since their report of Decembe: 74, claims of class « to the amount of St. Toe ort alto ih!s class includes the coatinua- tion by the ¢ missiouers of werk under hich bad pet been fally com- ihe change of the District Lions will, however, . by the continuation or contracts.” ait said in that adited claims of tn work node In the rey February 15, \* ferred to certa classes of claims @s fixed in amount, some ¢ wich bad not beea pre. sented. These claims could not be increased beyond a fixed amount shown by the re is of the District. | By set of farch 3, InT5, Congress extemted the senting claim» of the arst and eeoond and for refunding sewer taxes, until June 30, 1875. Thus again, after full ey: for cor- rection, bad Cungress found error in the Uon of the board of audit, that action wa: silently approved.” The uctien of Congress which rg 4 ratified the allowauce by the board of audit ol clatms which arose under unfinished cou- tracts of the board of public works formance of them after the of act of June 20, 1*74, also conrse of pny oe ad —ny hag toe performance of such con: vita refer- py) to such contracts the Coramlasioners of istrict were by section 2 J , 1874, with tho areae a ‘boricy of the board of public except 80 far as limited by i oD ae Thus within the preseri y the nea saat cnastmnent, i: i ii