Evening Star Newspaper, September 9, 1889, Page 5

A miserable exwtence when 6 few bottles of Ayer's Saresperilis would certairly give she strength and nergy you need? Thousands ere Proving its virtues daily. So may you. Mra Alice West, of Jefferson, W. Va. writes: “I was all run dows before I begam to take Ayer’s Sar. sparta, but am sow gaining in strength every Gay.” “Being very weak and despondent after s low Sines, I tried Ayor's Sarsaparilia, and two bot. * tes nave restored me to my former health.”-- ‘Mies Blanche & Brownell, 4 Boyiston Place, Boston. AYER’S SARSAPARILLA, ‘Prepared by Dr. J.C. Ayer & Co., Lowell, Masa, Gold by all Druggists. Price, $1; six bottles, 95. WORTH 96 A BOTTLE. WONDERFUL CARLSBAD SPRINGS. At the Ninth International Medical Congress, Dr. A. L.A. Todol4t, of the University of Pennsylvania, read speper stating that out of thirty cases treated with the | genuine imported Powdered Carisbad Sprudel Sait for ebronic constipation, hypochondria, disease of the liv- er and kidneys, jaundice, adiposis, diabetes, dropsy from valvular heart disease, dyspepsia, catarrhal in- fammation of the stomach, ulcer of the stomach or spleen, children with marsamus, gout, rheumatinn of ‘the jotnis, gravel, etc., twenty-six were entirely cured, on tmproved, and one not treated long enough. complezion, purifies the Blood, It in easily pleasant to taxe and permanentinaction. Theseuuine a eae ces tes, Each bottle comes in light blue ‘as the siguature “EISNER & LE- IN CO.." sole sents, 6 Barclay street. New Loris, ‘One bottle mailed upon, receipt Sen Bothe’ ‘De: Toboidt's lectures mailed free sal-m.wAt Pas ‘TION OF THE HEART, NERVOUSNESS; feet, Pain in? Back and ether forius of Weakness br yy Carter's Iron Pilis, made specially for relieved b; blood, nerves and GENTLE REMINDER ‘THE SEASON IS AT HAND WHEN EVERY TIDY HOUSEWIFE IS ACTIVELY PREPAR- ING AGAINST THE BITING FROSTS AND CHILLING BLASTS OF WINTER SADNESS IS DEPICTED UPON MANY A FACE BECAUSE, FORSOOTH, THE PURSE 18 LIGHT AND THE INCOME SMALL! A VISIT TO OUR THREE COLOSSAL STORES WILL SPEEDILY CHANGE THE ASPECT—RELIEVING THE HEART OF ITS BURDEN OF CARES AND SUFFUSING THE COUNTENANCE WITH LIGHT AND BEAUTY. HERE YOU CAN PURCHASE UPON CREDIT ALL THAT TENDS TO MAKE HOME HAPPY AT ASTONISHINGLY LOW PRICES AND UPON TERMS TO SUIT YOUR OWN CON- VENIENCE. OUR BUILDINGS ARE REPLETE WITH ALL MANNER OF BED ROOM AND PAR- LOR FURNITURE, CARPETS OF EVERY DESCRIPTION, EXQUISITE DRAPERIES, STOVES AND ALL ARTICLES NECES- SaRY FOR HOUSEKEEPING, WHICH WE OFFER ON CREDIT, EXACTING BUT A TRIFLE AS FIEST PAYMENT AND ACCEPTING PARTIAL PAYMENTS BY THE WEEK OR MONTH UNTIL THE DEBT IS CANCELED. HOUSE & HERRMANN'S aSH AND CREDIT HOUSE, 921 and 923 7th st. and 630 Mass, ave. aw. olin Ne fF. EVERY NIGHT STIMULATES THE the 2 tha Tppetite. Carver's Lite Liver Pula: Don't is, A A A nS SSS yes SSS Ss SS SSS Ss SSeS ss snr —onsneess sso eer jlinh Hose, in Plain ipe, that sold for 45 down to ike. a pair. ting Vesta, in Light marked down to One Lot of Ladies’ Jersey- ‘Weg thas sold for 45 and. ‘Six Preces of Satin Damask Tabie Very Fina, tint sold for $i-uo. unarked down 10 Oe por gH. 15 Dos. Large Huck Towels, that sold for 1 2i¢e., re- duced to 10c. each. KID GLOVES MUST SELL AT FOLLOWING REDUCTIONS. aud 7, Colored Undressed, Em- oebquctaire, $1 former price STE. ce dormer price §L Soce once gL OM bout Bisck Kid, Plain Back, ve 7, 6-1 de. former price $1.50. Colvred Kid Mousquetaire $1, -hook, Black Kid Gloves 75c., PTs Be Se ut, Black, Undressed, —+ Fianpei, Bice ve Oe. Heavy Hed Twilied Fisancl, all wool. 2c. and 250, ‘Tiel king, Be. Feather-proof Do.. 15c. White Flancel, all wool, from 18e. up. Extra Good, suk, ck and Suc: ogre spec 2 te TiSA“Sia Colors, 1 yard Comets. An extras one for 380. eats inaligrades. A article for 25e. esta trom Se. ap. have one of the best Genta’ Undershirts ever of- Senod tu this market for S0c. = To “Spe De est Bees wy Se et sao c bona ios stock. Teese Supctis sor cons bole licensees Columbia | i Sanches ganas ne i - THE EVENING STAR: WASHINGTON, D. C., MONDAY, SEPTEMBER 9, 1889, 2d EDITION. Lat agra We St CRASHED INTO THE REARSECTION A Fatal Accident Due to the Bresking of a Train on a Steep Grade. Special Dispatch to Tax EVENING Stan. Lrxcusuna, Va., Sept. % A freight wreck occurred at an early hour this morning jour miles below this city on the Norfolk and Western railroad,fresulting in the killing of Fireman Charles McDowley of Pet- tersburg, Va, and perhaps the fatal injury of Brakeman Randolph. The first section of the train broke loose on a heavy and seven cars ran back into the section. which was but a short distance in the rear, with the result as stated. The fireman was killed outright. The injured brakeman was brought to city, where his leg was amputated, ————_—— MILLIONS FOR NEGRO HEIRS. A Claim Said to be Good to the Richest Part of Logansport. Crxctxxati, Sept. 9.—The descendants of Benjamin Talbot, colored, lay claim to about G40 acres, covering the central portion of the city of Logansport, Ind. Talbot, while a slave, settled at Logansport fifty-three years ago with Mr. McBane and family from Yellow Springs, . He bought from the ent 640 acres of land ‘and lived on it wnel tas peng of the fugitive slave law, when he doned his property and fled to Canada, He never re- turned to claim it, but often spoke of it to his children. Not long ago one of them put the matter into the hands of attorneys, who, examination, found Talbot's title indisputable, It is said the Wabash and Eel river railroad with valuable buildings on the Talbot ground have already compromised. The entire prop- erty is estimated to be worth several millions, There are four sons and two daughters who are the heirs. One of the sons, Henry Talbot, has not been heard from for several years. He was last heard from at Danville, Ky. ——— THE INDIANS WILL SIGN. Success of the Commissioners in Treat- ing With the Winnebagoshish. Catcaco, Sept. 9.—A dispatch from Lake Winnebagoshish reservation, Minn., says: The members of the Chippewa commission, con- sisting of ex-U.S. Senator H. M. Rice, Dr. Whiting and Bishop Morley of Bakota, have ar- rived here from Cass lake. The act of Con- gress was explained to the Indians at that int and the differences between it and the te sty made three years ago through the north- west commission pointed out. Complaints about the nonpayment of the da es caused by the reservoirs on these lakes were forestalled by astatement regarding the prospects of pay- ment. On Monday the Indians bogged the commissioners to have tience ith those who were not ready to and to re- main until Tuesday, but the statement that there were no more rations brought the In- dians to time, so that at the opening of the council in the afternoon the chiefs signed and before the day ended the signature of all the male adults of the band save two had been se- cured, The Cass lated position, as their reservation can only be reached by canoe. They have no saw or flour mill, blacksmith shop or any of the facilities which are needed in farming communi- ties. — asked the commis- sioners aw the Indian agent, Major Shuler, to recommend to the Interior depart- ese things be furnished to a Reemgee — found at ga e wild rice crop. fused to come over to Winne- Lake Indians are in an iso- . iret bagoshish, having been influenced by messen- gers and ‘letters received by them from the same parties who have in other places en- deavored to defeat these negotiations, but the chiefs finally arrived. The act of Congress was fully explained to them and they aj peared to be satisfied with its terms, The rolls will be opened today and the prospect of securing the signatures of the majority of the Indians is very favorable. pon, Missi A BIG HORSE SALE. Blooded Yearlings Under the Hammer in New York. ‘New Yont, Sept. 9.—The annual sale of the Hurstbourne, Meadowthorpe, and Ferncliff yearlings, the property of Mr. N. T. Harris, Hurstbourne stud farm, Louisville, Ky., and W. W. H. Cheppu, Meadowthorpe stud farm. Lexington, we and Mr. Wm. Astor. Fern cliff stud farm, ebeck, N.Y., took place today in the bia academy, 69th street and Sth avenue. ‘The attendance of sport- img men, jockeys and others was large. The realized were fairly good. e finest lot came from W. H. Cheppu’s Meadow- thorpe stud, and they were a likely set of yearlings, Tnree of the bunch brought a clean 81,000 each. while a fourth was knocked down at $1,050. This quartet has already been engaged for the raci seasons of 1890-91. A bay colt, full brother of Romaine, was sold for the sum of $500, while another colt with royal blood, out of Emily F., brought its owner $1, A chestnut colt of the well- known Parole stock only brought $450. The Ferncliff yearlings, eight in number, brought $2,450. while the twenty youngsters from the Lexington stud saqregsne $1,695. It took until 12:30 o'clock to sell the two bunches, ——— The Angry Sea at Asbury Park. Assurr Park, N.J., Sept. 9.—Probably the highest tide and the roughest sea that have been seen along the coast this summer were seen yesterday. Athigh tide the sea was so high and so rough as to wash over the pavillions and board walk, but no serions damage was done. All day long the thousands of visitors who had never witnessed the sea in such 'y mood found much amusement ——s ie break- ers as they rushed upon the beac! Many of the visitors who ventured on the board walk got a pretty good drenching from the spray. hero csp idiin DISTRICT GOVERNMENT. THE PRICE OF GAS AND ELECTRIC LIGHTS. In the act making appropriations for the expenses of the government of the District of Columbia for the fiscal year end- ing June 30, 1890, there is & proviso directing the Commissioners to investigate and report to Congress at ite first session what Goduction may be mele for gus acd electric lighting, both for annual and for five-year contracts. The Commissioners today in letters to the and electric light companies in the city request a full ex- pression of their views as to whether the present price of gas lighting and electric light- inthe District can be properly reduced | im either for one or five-year contracts. cthcdsha ocala Pensonat.—Mr. and Mrs.§Thomas Caroll and Frank Caroll of Tacoma, W. T., George J. Lamberton of Chicago, A. 8B. Humphrey of New York, M. W, Lambert of Orkney Springs, E. L. Kendall of Jamaica, N. Y.. and Eppa Hunton of Virginia are at the Ebbitt.——F. E. Trow- bridge of Toledo, Guy Butler and George 0. Jones of New York, John L. Stevenson and ©, Hogan of Boston. R. H. Chamberlain of Wor- cester, John Hyde of and Samuel L, Kent of Philadelphia are at Willard’s.——Mr. John Hogg, the chief clerk of the Navy, has returned to hia desk after a month's loave of absence.——Ludovic Brizuela of G Mexico, Charlies Foster of Fortuna, O., Mr. and Dirs. Chr. Gries of New York are at Weicker’s.——M. Devauix of France, C. E. Wileox of Chicago, Frank Hiscock of New York, C. C. Lay of Chicago, Jubn Swindells of | hay r-eggay on liars —_ of 4 —s — He f Germantown, Pa. . 8 i: da Mr. Henry Raymond, private secretary to Bec- — Tracy, returned last u month's restat Mt, Desert —-| Bound ag H. M. Ziegler Murdock of Pittsburg, ton,0., are at the St. Ji Phelps, United ot 0., J. and A. T. Miller of Day- ——William W: 4 CASE OF SURPRISES. The Hearing in the Strong Case Before Judge Cox Today. @EN. BUTLER IN COUBT—HE SATS HIS STOKA- TURE WAS FOROED—aN OLD DOCUMERT OF MEW PAPER—THE JUDGE GRANTS THB Bx- TENSION OF TINE ASKED FOR, There were but few empty chairsin the Equity Court room this morning when Mr. O, D, Bar- rett arose and addressed Judge Cox in behalf of a further extension of thirty days’ time in order that his client, Gen. Benjamin F. Butler, might be able to gather together additional re- butting testimony in his suit against Samuel Btrong to recover fees amounting to $47,000 odd. Seated alongside of Mr. Barrett was the veteran Butler himself, and every little while the one-time antagonist of Admiral Porter would glance across the narrow aisle at ne William A. who was con’ in low tones with ar ue famous gion Samuel Btrong. Mr. Cook did not avoid thegeneral's glances and quite frequently stared and critically at his opponent, ‘€MA. COOK REPLIES TO MR. BARRETT, Mr. Barrett's motion was a lengthy one, and when he had concluded Mr. William A. Cook arose and proceeded to reply. Several times was Mr, Barrett's speech punctuated with the noise of coal which was being upset under the windows of the court room, and just as Mr. Cook was ready to start a volley of fuel was dropped to the earth, “You had better wait,” suggested Judge Cox. “Better wo Rey for o few moments until that coal has been dumped. To which Mr. Cook replied; ‘Yes. your honor; I can talk jt @ good many substances, but not against the rattle of coal.” — cr a ier Mr. Sees ae on wi re , & vel long one, abou! fm sarcasm and fize techiaical sbjectionss Its conclusion brought Mr. Barrett to his feet. He said that iustead of the reply being a state- ment of fact it was simply a string of instruc- tions from Strong to his attorney so that he might know what objections to make. The history of case was then recited, and at the per place counsel stated very emphatically it there had undoubtedly been 4 FORGERY OF THE NAME OF BENJAMIN F. BUTLER. “A crime,” said he, “has been committed which should ar rison doors either to my friend on my rig mn. Butler—or to Samuel Strong ‘on my left. There canbe no doubt that elther one or the other ought to be in the penitentiary today.” The document which was ed to be forged—the agreement between Strong and Butler—was then described. The pe was peculiar, he said, and not a sheet of it was in existence two years ago, while the date on the agreement antedate: facture of the paper several years, The manu- facturer commenced to make it in 1888, and investigation made by him; Barret, proved that it was sold only by one dealer in this city, a 1s city the manu- by him only for a short time. aatan of one dealer it was discovered who in was using that paper, Gen, Butler “There can be no objection to your stating in whose office this paper is used.” Mr. Barrett: ‘Lt is used in the office of Wm. A. Cook; it isa peouliar paper, a typewriter Por Barrett then continued his argument and claimed that, having made out a prima facie case of forgery, athorough investigation be had. The witnesses to the document were referred toand the statement was made that one of them—Leonard Huyck—was now an in- mate of St. Elizabeth's insane hospital. Frank Bowman, the other witness to the al- leged forged document, could not be found and ho seems to have no status. As to the necessity of examining expert witnesses in open court there was ample precedent, Inthe Sharon case it was done and there were a number of other cases which clearly established the necessity for such action. Mr. Barrett then laid before the court photographs of the alleged forgery and of a signature of cee Lrg — on the — dav as _ on whicq the alleged agreement was signe 'To this ding Mr. Cook strenuously ob- Jected and the court sustained the objection. ‘MR. COOK's ARGUMENT. ‘Mr. Cook said he did not propose to discuss the question at issue in any other than a regular and proper manner, and he should pay but little attention to the ex- statements made by Mr. Barrett. Much of the alleged referred to was irrelevant be thrown out by when the _ testimon: was The testimony and would the court examined. it directly at issue was, should the complainant be allowed thirty days in which to take additional testimony; the court had also to decide whether or not portions of the evidence should be taken in open court to the exclusion of all other testimony, and also whether the complainant should or should not be allowed to further cross- examine Samuel Strong and §. D. Palmer, and those two only, befure an examiner. Mr. Cook directed attention to ‘THE INACTIVITY OF GEN. BUTLER, who was outat sea during the period which should have been utilized in the taking of tes- timony. The law favora the vigilant. It was Cassius who cried, “Help me, Cesar, or I perish,” but it was Gen. Butler who preferred the sea steadily of that sel, Mr. ic i Mr. Cook ob; on the ground that the document was in ie ion of the examiner. It — wou! be unfair to ve the use paper when it Bad been for some time in the han: plaintiff and his coun- THE COURT DECIDED that the paper should remain in the hands of the examiner until he turned in his testimony, when it would come in with all the other ex- hibits, ae See said the bore seemed Bag aboun surprises, and it was oi proper time be allowed the — to meet some of the strange timony which bad suddenly made ite 9 arance, ‘wot grant im Le in which to complete the aki of testi. in rebuttal, and Strong could have as much for the purposes of surrebuttal. The court decided that Samuel Strong and S. D. Palmer might be recalled so that Gen. But- ler should bi an Opportunity, heretofore de- oe him by ‘umstances, of cross-examining en, As to hearing testim: in mm court Judge Cox said he pan ccoueus to have the examiner hear the evidence in se aporgeeers coe court, each side to ut on the stand wi ver wit! con- Taerea necessary and proper. —- ies KILLED BY THE TRAIN. The Mangled Body of a Man—Was it @ Case of Suicide or an Accident? Several days last week aman about forty- five years old loafed about the depot at Linden, on the Metropolitan branch of the Baltimore and Ohio railroad, He was spparently in des- titute circumstances although dressed very neatly and slept in the station and was given food by the residents of Linden, He said that he was on his way to this city to get a pension. Saturday night he was seen around the station until quite late and then he disappeared, leav- ing his hat, In the band inside of the hat was found a piece of paper with the name M. Reik or Reck written upon it. It was supposed that he had wandered off somewhere, but in the morning it was discovered that he had been struck by one of the late express trains. Hisbody wasliteraliy cut in pieces and the fragments were foundscattered along the track from Linden nearly to Forest Glen. An inquest was held yesterday by the Montgomery county authorities, but as no one knew the man and nothing was known of the circumstances surrounding his death the jury was unable to determine whether the was the result of accident or whether it was inten- tional. The remains were gathered together and buried. Mr. Ernest Van Vleck of the pension office, who lives in the vicinity, endeavored to find the name given above in the records of the pension office, but was unable to do so. He Concludes if that was the name of deceased his statement about having @ pension claim was not correct, A CARD. To the Editor of Tax Evexro Sram: In reference to the killing of Wm. Reik, Wm. Reek or Wm. Beck by the fast mail on the Met- ropolitan branch of the Baltimore and Ohio early yesterday morning I wish to say that, although everything was done by the Baltimore and Ohio officials to discover the man’s iden- tity and to notify and bring to the spot the sheriff and coroner, no steps were taken by the state officials until after 1 o'clock. Meanwhile those of us who were on the ground spent our time in collecting the remains and such effects as were left by the train and in guarding all that was left of his poor humanity from prof- anation by animals and men. o man was of short stature, trim figure, dark hair and mustache, gray eyes and small feet. He wore new underclothes and suit. His toes were al- | * most all of the same length. He had in his pockets a spiral gold shirt stad with a gem in it and a small pearl-handled penknife with one blade ground down close tothe back of the biade. EN. >. FINANCIAL AND COMMERCIAL, The New York Stock Market. breezes to the taking of testimony and whonow | he following are the opening and prices: comes into court and with outstretched arms | the New ‘York Stock ‘Markets ua reponied Sy cries aloud, “Help me, chancellor, or I | Wi® © Uorvon abd Macartuey, 1410 F street sink.” When before ‘did counsel ever come into court and —— for an extension of time because he had wasted the ie NY. E. time set apart by order of the court in dalliance 64 eed the sea breezes on board his pleasure | (sn. x. 3y yacht. aS A couple of letters on exhibit were | Gu: Pa 3 read 7 » im one of which| & Cook and Browning (counsel for Strong) & 0%, ‘33 58 were referred to as thieves by John Ambler H. 35) | 35 Smith, the attorney, who w«s corresponding eal 1816 with Butler as to certaiu retractions which the bs Massachusetts lawyer deemed necessary 03! to his reputation. Another letter, writ- ten by itler, stated his determination | fare Shore. 1 to punish 81 “for some of his many p] crimes.” Mr, Cook argued that if crime was batt 26. to be established in connection with the case | M2. gent |" be let ote done in @ with established | NX. ¥. rules nity practice, ppc linen BAS THE FLOOR, Washington Stock Exchange. Interest in the cass became more marked | , Following are today's quotations at close of when the Massachusetts war horse arose to his trict of Columbia Bonds—Per imp. 6s, 1801, feet and shuffled slowly into the aisle which con- pec tig nae yr Per imp. 7a, — 4 fronted the court, The general slowly shifted the 1892," currency, 107% bid. 20-year fun small chunk of chewing gum which had kept | 6s, 1802, gold, 166 20-year fund 5s, 1800, him busy all through Mr. Cook’s eloquence and | gold, 1iz" bia, 1: 8 asked. Water stock, 7s, severity and then said, with groat delibera-| 1901, currency, 120 | bid. Lat ig fund, Ge. tion: “The plaintiff (or as he called it | 1002 ons vig Mase tase, Md’ cere Sas ‘plawntiff’) ‘asks for no extraordinary | fia 154 asked. uiiaaiiald action on the part of this oh, Miscellaneous Bonds—U. 8, Electric Light! certainly for no unjust or unfair, for 1 {1st ts, 95 bid. U.S. Electric Light bonds, 2d shouldn't get it did. The rules of the | 6s, 95 bid. We George: court provide for ail Task. ‘The extension of | Xallrosd, 10-40 6s, 00% ‘bid, 108 “asked. time requested is common—the most common pm ae - Sg thei ng 4 —— cccurrence in modern practice. As to the |i'3 ia, iit asked, “Waohingron” Macbet examination of witnesses in open court there | company’ 1st mortgage, @s, 110 bid. Wash- is also rule and precedent for it.” The general | ington Market company’ bonds, imp. 6s, then bnbag derses the ed < the case thos liv _ bid, ager Inland’ end | Bea- the ve and showed how, through | board Company, 75 asked. continuous srocectings, the fecs end expensee | Light. Intautey’ arse page ‘bonds, "Gs, 1004, of the case had mounted up toa large figure, | 700 bid. 105 sake. | Wasnt Bn lg The genstal wout ut Lengta and with great care Washington Gas Light Company "bonds, series to the charge that he had A, Go, 122% bid. ‘Washington Gas Light Com- tied PNavonal Bank Socks ~~ Bank of Washiagi in his (the general's) office until Btrong had | ,ay*tor pants Republi, bid, 250 wo signed an agreement as to compensation. | Mel ten, 250 Central, 220 bid. Nothing’ too bad, he declared could be | Sag, 1 Mag Feqnam end, Mesanie, said of any lawyer who would commit} jumpia, 140 bid. Capital. 100%" bid. such an outrage upon any client. The manner ks — Washington and Gecers' in which » compromise had been proposed 132 lately was Song ie aclear, mete coat that was quite interesting. genera Leg said he had been asked how much he would ri eeemene, reduce his lien upon the award so that Strong 5 might have something on which to live in his bid. Dias) Pn age. To this was made that German-American, bid. H rB & . s FE “Vindicate &! F =f F. rile i Ls i & pS ee mg factory was destroyed by fire thie afternoon. P- | law. B 1g | and 1887 the Co: THE ELECTRIC LIGHT SIDE. Replies Made Today to the Gas Com- pany’s Suit for an Injunction, ly | THE DISTRICT COMMISSIONERS AND THE ELECTRIC COMPANY STATE THEIR SIDE OF THE CasB—THE BXISTENCE OF A CONTRACT WITH THE Gas Com- ‘PANY DENIED—THE QUALITY OF TRE LIGHT, Chief Justice Bingham returned to the city today for the purpose mainly, it is understood, of hearing the injunction suits begun against the District Commissioners and the Electric heat and power company to prevent the carry~ ing out of a contract made by the Commission- ers with the Electric heat and power company to light with incandescent lights the streets of the city north of K between Ist street east and Rock creek. The first application for injunc- tion was that filed by the Washington gas light company, Another was filed Saturdsy, as stated | da; in Tax Sran, by several citizens of the Dis- trict, Today the answers of the District and of the Electric heat and | plead ogee dade iis caret in ‘underslood, will take piece be- it is un @ fore Tadze ans tem scams and the auit be- gun Saturday will be heard Wednesday. THE BEPLY OF THE BEAT AND POWER COMPANT. Messrs, Cole & Cole and N. Dumont for the Electric heat and power company filed today a separate answer to the gas company’s suit. In this answer the sere send sets forth its belief that a court in equity Ro jurisdiction of the matters set forth in the bill of complaint, but that if the complainant has any remedy it is at After ferring to the ee in po 3 act ise gears tho ety the defendan' maintains whet these is nothing in the law referred to manif« intention on the part of that the trict Commissioners should make a contract for the lighting of the streets for the whole fiscal year subject ve to their power to terminate pea —— the 3 default of — other there: econ e com- pany holas that there is no inhibition in the w against the making of such contract by the Commissioners for any period of time less than one year, end that there is no requirement in the law that the Commissioners should exer- cise the discretion thereby conferred on them of using illaminating material other than before enterin; is intended to ers have no le, into an annual contract. If it P right, after eatering into 6 it, a ent tow contract, to violate it before the other party thereto has done so, the same is admitted, but itis denied that if such violation should take place the remedy therefore would be in equit for au injunction; on the contrary, it is id, the only remedy would be an action at law for damages, NO CONTRACT BUT LETTERS. The defendant denies that the inference that the laws require an annual contract to be env tered into is properly deducible from said laws. Upon information and belief the defendant denies that on the first day of July, 1889, or at any other time the complainant, at the instance of the Commissioners, or otherwise, undertook 0 light all the streets, avenue and alleys in the city, except the fee assigned to be lighted by the United States Electric light company for the year ending the 30th day of June, 1890. It believes that it is true that since July 1 it has been lighting a portion of said streets, avenues and without any express contract there- for, and that the only arrangement that has existed between the Samy seen and the Com- missioners since July 1 ia relation to lighting of streets consists of letters which passed be- tween them and which do not constitute a binding contract. If such letters did constitute contract the answer asserts that they contain no specification of localities where ripen serene to furnish lights or the number to be furnished. Even if this cor- a could be construed as continuing in force the contract which was made between the Commissioners and the complainant for the preceding fiscal year, the ‘defendant is in- formed and believes that that contract does not specify any particular locality where complain- ant was to furnish lights, but requires the com- plainant to furnish them on such streets, ave- nues andalleys as the Commissioners may from time to time a ae beeen being that the number i not Jess than 2,000, The defendant believes that there are 4.435 street lamps in the city and only sbout one- third of that number is situated in the territor:; im question—all the streets north of 4 between ist street east and Rock creck— and even if the contract for the last year were now in force it would be no violation of it, on the pers of the Commissioners, to permit the de- fendant to light the streets in the t of the city mentioned. The defendant denies that the duty or right of lighting the streets in the section ified in the contract, between itself and the Commissioners, had or has been as- signed to the complainant, either before or ince the making of said contract; or that if the contract mentioned be carried out the appropri- ation for lighting streets will fall short by many thousands of dollars, or any sum whatever of Hag) gamers the complainant for services it has bound itself to perform. THE CONSTRUCTION OF THE ACT. The defendant holds that the complainant's construction of the appropriation bills for street lighting for the year 1836, and the sub- sequent years, is incorrect and untenable. Each of these acts, the defendant avers, fixes a maximum price to be paid for gas and then confers upon the Commissioners the discretion to substitute therefor any other illuminating material, the only limitation being that they shall not pay more therefor than the maximum price for gas; except that in the bills for 1886 mmissioners are permitted to use $10,000 and $20,000 respectively for elec- tric lighting without limit as to price. Instead of these provisions indicating that, by the con- struction of Congress, electric lights were not included in the term “‘other illuminsting ma- terial” as alleged by complainant, the defend- ant holds that it is apparent Congress under- stood it tobe included therein and selected it as the only ‘“‘illuminating material” upon which no limit of price was | which amounted to a command by — thatat least the sums mentioned should be used in introducing electric lights. In this connection and as evincing the growing favor with which Co 88 regards electric lighting, attention is called to the fact that in each yeur since 1886 the appropriation for this urpose has been increased $10,000. The de- fendant maintains that under the legislation referred to the Commissioners have been and are at liberty to substitute electric lights for whenever and wherever in their tion it seems most for the public good to do so. provided only that the cost thereof does not exceed the cost of gas, except in cases where bonds, | Congress has especially authorized such ex- ceas, THE EXCAVATION OF STREETS, ‘The defendant denies that by the contract between the Commissioners and it, a franchise is sought to be conferred upon the defendant to dig into and break up the streets of the city, It admits that it isto make excavations into such streets, avenues and alleys and at such places end in such manner as the Commission- ers may approve and under their supervision and control for purpose of constructing conduits and laying wires underground for the purpose of enabling the defendant to light the streets and for no other pi whatever. It pgs gt defendant Segre bai day of was operating no in the Distrish, but it is gee rH that the placed b; Congress sarfaoe of tne electricity for The answer then she "aul under the surface certain streets with Rolie bs ae ent ne The defendant denice by the act red to in the bill of com- Sony ober os) whatever hes erg see ty the Commissioners and is Ts deatos, a pape be pest eppropriaticn ‘mereby ‘80 | entire system is easil from the satisfaction use of thie for street in all large cities; but, on ee Lege that the light has been and still is » growing in public favor wherever it has used, and is now im use in Pittsburg, on Staten Isian Plainfield, Ore., light has < d, at N.J., at at Denver, and many other kering whatever. The light to the eye, and, being dittesed'st loss much more perfect eysiom. of etrest lishing, much more 8} street lighting. In many cases these circuits are run from five to six miles for public street lighting, and the ly controlled by those in charge of the station where the current is gener- ated. As to the fitness, desirability, useful- ness and growing popularity of the light for street lighting purposes the answer refers to affidavits of persons who have bad experience with it filed in support of the answer. THE GAS LIGHT. The defendant denies, upon information and belief, that the gas furnished to the city by the | man’ comaplaionm be 98 comiton per lamp or that the | abou! gas as & greater candle r lamp then the light Proposed to be Tarnished by detend- ant. It avers its belief that the candle power per lamp of the gas furnished by complainant for street lamps during the last fiscal year aver- aged less than twenty, as appears by the report of the gas inspector. Even if the candle of the gas was greater than that of the light the defendant proposes to furnish that, it is argued, would constitute no reason or ground for the interference of the court by injunction or otber- wive. The only inhibition on the Commission- ers is that they shall not pay more forthe “other illuminating material” than for gas, The kind, quality and power of the substituted material or light is a matter, the defendant maintains, solely in the discretion of the Com- missioners, and the court has no jurisdiction to review their decision in this regard. The company also sets forth that it has expended large suma in making preparations to light a portion of the streets of the city, in pursuance of its contract, and if not allowed to proceed it will be tly dat ; that the gas company is ‘ing the aid of a court of equity to stifle competition and create a monopoly, which is contrary to good conscience and public policy. Among numerous affidavits filed are twenty- two from citizens of Pittsburg and other cities where incandescent electric lignts have been for some time in operation, to the effect that it is better and more satisfactory than gas light. THE DISTRICT'S ANSWER, ‘The answer of the District Commissioners to the gas company's suit, filed by Messrs. Riddle and Davis, attorneys for the District, today, is in many points similar to that of the Electric heat and power company. They deny that the complainant undertook for the year ending June 80, 1889, to perform the duties epecified in the appropriation act of 1889 for all the streets, avenues and alleys in the city of Washington, excepting a few that had been duly assigned to be lighted by the United States electric aim | company, for the considera- tion of $20 per annum for each street lamp, or that that the complainant under took to light al! the streets of said city north of K street that lie between 1st street east and Rock creek. On the contrary, they aver that the said complainant undertook only to furnish the necessary material and for the efficient and satisfactory supply of illuminating gas to such street lamps as should be designated by the Engineer Commis- sioner of the District, the total number thereof, however, to be at no time less than 2,000, THE ELECTRIC LIGHT CONTRACT, They admit that they have executed a con- tract with the Electric heat and power com- pany, whereby it is agreed that the said company is to light a portion of the streets of the city of Washi: They that if said contract be carried out the total number of lamps to be lighted by the com- — in accordance with the undertaki: tween it and these defendants as aforsai will at no time be less, but st all time be more than two thousand. They deny that a franchise is sought to be conferred upon the heat and power com to dig mpand break up any of the streets of the city of Washington. THE QUALITY OF THE LIGHT. They deny that the lighting material posed to be furnished by their codefendant is totally unfit for street lightin, — or that its use has been aban oned is gery 14 cities, or that it is a fitful light, or that, wi at the beginning of the period of lighi it may have the candle power claimed for it it fast loses such power and becomes of less value as a light in provess of time, except as said last averment is true, in the nature of things, of all electric lights, and as to this they that — — to nen of > electric it is sufficiently provided for and guarded against by the pennies of the contract, They say that they are sdvised that it is immaterial whether candle power of furnished by the complainant is twenty- eight candles lamp or light, because the said complainant not required to furnish gas of a greater candle power than sixteen candles per lamp or ht, and they aver the truth to be the reports of the duly constituted officer in that behalf have long shown and now show that the average candle power of said gas is of or about sixteen candles per lamp or light and not greater. THE ANSWER TO THE CITIZENS’ aurt, The District Commissioners also filed an answer to suit for injunction instituted last Sst- urday by John Cammack and other citizens, In this answer the Commissioners state that the Electric heat and power company is a duly constituted body corporate, with lawful nght to transact ite business in the District of Columbia, They aver that the contract with the the com- exclusively for i i Hf | i as } i ki | i | E i trio Soteene. neseeey Sees Soar Eee eee ace! ra aver | OF Pro- | Allen gave this prediction this KNOCKED FROM HIS HORSE BY 4 STORE aD FIVE OF RIS ALLEGED ASSAILANTS ARBESTED— THE us The officers learned of the assault soon after the injured man was found and the police of the eighth precinct started in quest of his assailants, Officers Slack and Fife! bo Went out to investigate the case, were under the impression that the assault and alleged robbery been committed by two colored men. Met a colored man on the road and placed him under arrest, From him they learped some- thing of the affair, and they also iearned that of white men on Mr, Wi lace at ce It was break and the proceeded te Woodley park, where the men were, Police man and he who attempted to escape, and five out of who were the crowd. were marched trite station, AMES OF THE ARRESTED MEK, They gave their names as John Meany, Jaa Ryder, Maurice Roach, Frank Wynne and Wm. Fitzgerald. They were charged with assault and — with intent to kill. Pd officers know wi men are s to them. When the injured nan oo found at hia front door he was taken into the house, where be was attended by Dr. G. D. Williams He s00n recovered consciousness and gave the name of one of his assailante. One of the prisoners told the officers of the alleged assault and admitted that the right bad’ voce right men SHORTER IX 4 CRITICAL CONDITION. This morning when the case was called in the Police Court the officers presented « certifi- cate from Dr. Williams show: that Shorter was in a critical condi! oe | mums —~_—__ Tue Boxp Orrenixos Topar aggregated $26,550, as follows: 4 per cents, coupon, @880, $1,500, at 128; registered, $200, $20,000, at 128; 436 per cents, registered, @3/ The District Sinking Fund. The treasurer of the United States, as ex- officio commissioner of the District fund, today submitted his esti the interest and sinking fund District funded debt and for the sinking fund office. e fund for Year is $1,213,947.97, He estimates for the payment of the next nual installment of the principal Hang from District for the extension of the $53,015.74, and the annual interest paid installments $33.899. 91. af The estima the er $224, already due the United States in, 20 $1,060,314.61. He advocates the of his princi, claims that the treasurer is by law $1,000 additional for bis serv: sioner ex officio. —_—.__ Good Weather Ahead. The weather map is pretty clear today and there is no “low” anywhere around. Capt. : “Pair; slightly warmer; easterly winds.” This morn- than yesterday. ancl aanee 4 ial weather bulletin from COYLE, “ati . DC., 186th wadacmiy Bt ose e stroke, itty -shiree' years reaidence at Ivy. ' DAYTON. On for gga OORT AZAR oS? i, of parnose frou it ie 2 a 50i3 Pres LJ 3:99 p.m. Church, and fi phe 1 near I gow VENDER. On Sunday, Relaty Giew York and invited wake se ‘May she rest in peace.