Evening Star Newspaper, March 26, 1892, Page 6

THE DISTRICT'S RIGHT OF APPEAL Relations of the District Court and the United States Supreme Court. TUE WHOLE GROUND MAY BE REVIEWED IN TRE CROSS CASE—INTERESTING QUESTIONS RAISED ‘BY THE HEATH DECISION. SISTING RIGHTS 48 STATED BY LAWYERS. ‘The demurrer of the United States Supreme Court in the case of Heath, convicted in the District courte of mandlaughter, denying an epplication for a writ of error, has raised an interesting and important question as to the status of the District courte fm the matter of appeals to the United States Supreme Court. The opinion given in the Heath case, the text of which is printed elsewhere in today’s Stax, covered, of course, only a branch of the subject, but it is thought the whole question will be reviewed in the case of Cross, convicted of wife murder. But few members of the bar have had an op- portunity of reading the opinion. ‘THE EXISTING RIGHT OF APPEAL. Mr. F. H. Mackey, to whom the opinion was shown by a Srax reporter, said: “The right of appeal from the Supreme Court of the District to the Supreme Court of the United States is regulated, except in habeas corpus cases, by the act of March 3, 1885. | ‘That statute given no ht of a in criminal cases. Unless, the i the eee March 3, 1991, gives that righ! there can be mone, an\ the Bu; Court of the United States has Just decided in the Heath case that the act of 1891 does not extend to cases decided! ie riedic ti the question must et Sauk theo peals allowed, there- fore. from our District courts are in civil cases where the amount im controversy exceeds 85,000 or where the case involves the validity of any patent or copyright or where ‘the validity of a treaty or statute of, oran authority exercised under, the United States is drawn in Question.’ If ihere is any other right of ap- Peal than this I do not know of it, excepting, of course, appeals in habeas corpus sa werned by the construction placed by tie Sapreme Court of the United States upon section 846 of the Revised Statutes of the Dis- Mr. W. A. Cook says that the District pos- sesses as to civil causes all the rights of other Jurisdictions, that is in causes involving orover. The right of appeal in criminal cases in the District bas always, he says, been very limited, and perhaps the only right was through writ of habeas corpus or in @ capital case or when & constitutional question arose or one under a statute. There is, he says, no general Fight of appeal in the District. QUESTIONS STILL TO BE SETTLED. A prominent member of the bar, who at the request of & Srax reporter read over the de- cision in the Heath case, said: All that is actu ally dtcided in the Heath case is that that part of the act of Congress of 1591 which allows a writ of error to the Supreme Court “im cases of conviction of a capi- tal or otberwise infamous crime” does not apply to the District of Columbia. But the reasoning ot the chief justice m deliv- ering the opinion of the court would seem to lead to some important and unexpected conelu- sions not actually embraced in the case before the court. Ever sincs the decision of the Wales case seven years ago, and indeed since the organ- fzation of the Supreme Court of the District, it has been supposed that acts of Congress relat- ing to “the courts of the United States” apply to the District of Columbia. In creating the present court Congress provided: “The Supreme Court (of the District) sball wwe the same powers and exercise the same rates as to powers and jurisdiction con farred upon the cireuit court ot upon the courts of the United States © 1863, when the present court was created, but the opinion in the Heath case points toa differ- ent conclusion. ‘The decision of the Supreme Co: case of Cross will now be looked forw: the profession with great interest. coun- sel have taken writ of error to the Supreme + in the to by STILL ON THE RACK. Continuation of the Cross-Examination of Howard J. Schneider. SEARCHING QUESTIONS PUT TO HIM BY THE Dis- ‘TRIcT ATTORNEY—sOME OF THEM HE REFUSES TO ANSWER, AXD SOME OF HIS REPLIES WERE ALMOST INAUDIBLE. For the better part of an hour before the time set for the opening of the Schneider trial this morning the hallway that leads into the court room was packed with women, who clamored for admission and used all their per- suasive powers to win over the stern bailiffa. A few minutes before 10 o'clock the door was thrown open, but only as many were allowed to enter as could be accommodated with chairs. The rest had to be turned away. It was not an easy task, but it BAD WEATHER MAKES No DIFFERENCE. was necessary in order that the room should not be crowded beyond endurance. After the female members of the audience had been tuken care of a limited number of men were admitted on the principle of first come first served. The court room, never an attractive apart- ment at best, was ‘more than usually gloomy this morning, but all sense of discomfort was lost in the ali-absorbing interest taken in the progress of the trial.It may bea barbarous feel- ing, but just the same there are few things in life that have such fascination for most people ax « murder trial. They will sit all day and listen to the legal sparring between the counsel on the two sides and the evidence that 1s given for or against the defendant. It is a curious contest. The stakes are a man’s life or his reputation. Schneider took the stand in his own behalt yesterday and went on again this morning after the court was formaliy opened. Every word he spoke wax listened to with the closest attention. He told his story slowly. On several occasions he hesitated fora considerable length of time. THE MARRIAGE CERTIFICATE. The cross-examination of the prisoner was resumed by the district attorney, who asked him why he didn’t get the marriage certificate Court of the United States and claim the right to maintain it under section 6 of the act of Con- gress of February 6, 1889. That acthas a number of other sections which apply to the circuit and district courts of the United States, but the section in question says “That hereafter in all cases of conviction of crime, the punish- ment of which provided by law is death, tried by any court of the United States the tinal judgment” may be reviewed 1m the Supreme ‘Court. A ‘The decision in the Heath case will prevent the Supreme Court from entertaining the writ of error in the Cross case unless it shall be held that the Supreme Court of the Dis- trict is a “court of the United States.” This is @ question that has several times been pre- sented to the Supreme Court, but it has never expressly decided it. It has, however, been intimated by the Supreme Court on more than one occasion that the expression “courts Of the United States” does not include the ter- Fitorial courts or the courts of the District of Columbia. The doctrine seems to be that by the “courts of the United States” is meant only those courts which have jurisdic- tion in the states and are distinguished trom the state courts by the words “of the United States” ‘The question the determination of which thus seems to be involved in the Cross case is of great significance m this District. If the courts of the District are not courts of the United States, then the judges of the covrts ef the District are not entitled as + matter of right to hold their offices for life, and they can be removed at any time by an act of Congress Without impeuchment proceedings. Section 7i4 of the Revised Statutes of the United States allows“any judge of any court of the United Ststes” toretire on full pay after hav- ing attained the age of seventy and having served ten years. It has been held that this section applies to the judges of the Supreme Court of the District of Columbia, and several of them have actually retired under the section in estion. Butif the Supreme Court of the trict is not a “court of the United States” this section is obviously not im force in the District. ‘There are many other acts of Congress apply- fing to courts of the United ‘States relating vo the taking of depositions and to practice and leading which have been considered in force the District on the ground that the Supreme Court of the District is a United States court, and there will be great un- certainty and confusion in regard to these mat- ters until the question of the jurisdiction of the Supreme Court in the Cross cave slall be deci. An act of Congress passed February 21, 1871, enacts that “the laws of the United States which are not locally inapplicable shall have the same force and effect within the District as @isewhere within the United Statés.” It has always been taken for granted that this provision also applies to acts of Congress Fesed since February 21. 1671. But the sion in the Heath case would seem to determine that this is ail wrong. ‘There a many acts of this character and manifestly it will be no longer safe to pro- ceed upon the theory that they are in force Bere. In short the decision im the Henth case unsettles the practice and proceedings in the District and there w seem to be no satisfactory way out of the difficulties im which the courts of the District wil! now be {involved unless Congress shall interfere and declare that acts of Congress of general appli- cation since 1871 shall be held to be in force in ‘the District of Columbia. ‘THE WHOLE QUESTION To BE REVIEWED. The justices of the Supreme Court of the ‘District state that as the question may come before them for adjudication and in the Cross case the Supreme Court of the United States will perhaps review the whole question of ap- peals they do n at this time they should express ‘think an opinian. ity as an umpire is well having umpiced al the A. U. as well us the ity. He is indorsed by ‘oung, president of the National Mr. Howard Perry, president of A.A. james E. White, secretary of the A.A. Washington about town, he local games of the A. SCHNEIDER ON THE STAND. the night he promised to get it Defendant said he did say he would get it, but said it simpiy to get out of the house. Then he found he only had alittle memorandu on « slip of r made by the ii inter. But he didn't think Col. Hamlink would believe it, so he didn’t take it back. The memorandum was made at defendant's request. He couldn't say that he knew it was in his (de- fendant’s) house. He got a formal certificate the day after the marriage by sending Marion Appleby after it. Amie destroyed that one. The district attorney—You mean to teil the our wife tore up the évidence of her ‘The prisoner—Yee, sir; she did. ‘The distriet attorney—Were you ever in The district attorney—Didn’t you stop there with a mau by the name of H. Hempstone? Don't Fou know that Appleby had an uncle by the name of H. Hempstone? ‘The prisoner—No, sir. The district attorney—You didn’t intend to get the marriage certificate until you got ready, did you? ‘The prisoner—I don’t know about that. The district attorney—What business were you teaching Appleby over at Culpeper? The prisoner—Electric lighting. The district attorney—What did you mean when you wrote Miss Lightfoot that you in- tended to “get away from this living devil if possible?” The prisoner—I meant that the Hamlinks had made my life miserable by making fun of me, of my team, of my business and by bor- rowing money from me. ‘The district attorney—Was that the reason you wrote love letters to another woman? ‘The prixoner—No answer. ‘The district attorney—Didn't your wife know that you were .running around with other women? The prisoner—I don't know. She never said 40 to me. . The district attorney—Was there any trouble between you and her? ‘The prisoner—No, sir; there was not. The district attorney—Why didn't you go to see her, instead of writing her a note, after you were locked out? ‘The prisoner—Because I didn't want to go in the house again. WRITING TO MISS LIGHTFOOT. Witness stated that he wrote to Mrs. Batch- elder and Miss Lightfoot about the 3d or 4th of January. He acknowledged that he was living t the time. attorney—Did you expect to have with you after writing love let- men? Don’t know. Detendant acknowledged that he did write Mrs. Batchelder, stating that he would not trouble Miss Lightfoot any more, and that afterward he wrote Miss Lightfoot and went to see her. He registered under an assumed name at Culpeper because he didn't want the Homlinks to know. The district attorney—Did you love your wife risouer—Yes. sir. t attorney—Why did you send all to Miss Lightfoot, then? er. irict attorney—Which did you mesn | then? The | the night of the shooting when writing of your wife, “my darl ife” or “living devil?” ‘The rvoner th first. Defendant den: rer baving imposed on a girl im Alexandria by a mock marringe Judge Wilson moved to strike out both the question and the answer on’ the ground that it Bad nothing to do with the case. ‘The govern- | ment claimed that it was proper. because it showed the character of the defeudant as witness. The question was E Defendant said that when he stated that he Was going to Chicago it was for business. He wrote to Cl ‘on | matters. About obtaining a divorce was one | thing. He went to Culpeper to see Miss Light- foot and on business, too. ‘The district attorney—Did you really want your wife to go with you to Chicago? ‘The ner—I ‘The district sttorney—What for? To help you to obtain a divoree? ‘The N ‘The district attorney— youruivthet Geel Tee eee ‘TRIED To TELL BIS WIFE. question was withdrawn and the defendant asked— didn’t you tell your wife that you would a divorce? ‘he priuonar—I did try to, attorney—When you wrote ‘will never see me again,” did No. I only did that t0 see if Papas you mean The 't make het think so. I The district ‘attorney—In. writing thove let- ters to ur wife, didn't you intndio get her to say that she wouldn't live with you so that you could use her reply s¢ a ground for OTe ictal tacdkst dah er—No, fot. * The district attorney — Which was the sincere term, “My. Darling Wife” or “My Darling Ger, old The prisoner—*My ‘Darling Wife.” The district attorney-—If she bad with you to Chicago what would you have Sone with eral The prisoner—Left her where she was. The district attorney—How much money did you have'to go to Chicago? The Prisoner About $70 in my pocket and about $500 at home in my trank. The districtattorney—Didn't youkeep money in a bank? ’ The prisoner—Sometimes. Witness then cxplained that his brother Frank took his work from him on the 23d of January. It was taken away because of what the Hamlinks had told him. He had worked in the coast survey for a year, but was dis- charged because he wouldn't pay B. A. Colo- nus money for work. DISCHARGED FROM THE COAST SURV! The district attornoy—There were charges made by you, the result of ‘which wns that ycu went out and he staid in, didn't you? Judge Wilson objected to the manner in which the district attorney treated the wit- ness, but his honor said that the district at- torney had the right to raise his voice. ihe district attorney—Do you know Rose ray’ ‘The prisoner—Don’t remember. ‘The district attorney—Do you know Harry he was aman Ihe vey for gambli Didn't you cut a or? ; T did not. 7 HI8 MOTHER TO KNOW. Witness then stated that he intended taking Appleby to Chicago with him if his wife re- fused to go. He denied having made any par- ticular arrangement with him that night’ He stated that he had Miss Lightfoot's letters sent to Appleby’ house becuse ho did not want his The prisoner—Yer, si disinissed from the co The district attorne: any one else that your wife was shot bys man ‘The a y ‘one of them, say to you thet voowere pot No, ait, icrtot gieembey- Did you oil ak the Deliewe that you shot in self istrict attorney--Did you not ask them jan did not have a right ¢o shoot # nisn in defense of his wife’ ‘The prisoner—No, si The district atjorn ed the positions of himself, his wife and ik and Jennie Hamlink, using the District ‘attorney to represent Mrs. Sebneider. Before concluding the cross-examination recess was taken at 12:20 until 1 o'clock. RECESS. TUEM POWER TO TAKE LAxD | BY CONDEMNATION FOR SHOPS, ROUND HOUSES, | RTO, ANTAGONIZED BY THE ATTORNEY GENERAL ! OF MARYLAND, An important hearing was given by the matter of the effort of the Washingjon and authority of _ Congress to cross the hespeake “and Qhio ‘canal in -sntering Georgetown and to condemn land for ite shops, tracks and round houses. This authofity is ex- tended in the provisions of Housé bill 3973, }nbw before the committee. Judge Cowan, counsel for thé Baltimore and Ohio railroad, with his assistants, appeared in "| favor of the bill. Gen. Poe, attorney general of the state of Maryland, was. present to 0) ‘the Dill, in accordance withiustructions of the board of fendant was conti District attorney! name per? ‘The pribamer—Yer, sir. The district attorney—How old is he? The prisoner—Twenty-one or twenty-two Jeers old. Taller and heavier than Iam.” Mot im two years ago. The divtrict attorney—Didn't you take his hand and turn it back so that 1 was broken? The defgnse objected, on the ground that it ban menos and the question wae passed lor the time. nt stated that the first time he wi After recess the Fae of the de- you know a boy by the public works of Maryland. Gen, Poe opened the debate by reading and submitting to the committee » resolution ado ted 17 bythe board of pablic 8. The resolution is as.follows: Ived by the board of the attorney general be, and he is hereby, in- structed to resist the of il now pending before Congress amending the charter of Washington and Western. Mary- land Railroad Company, in so far as such bill proposes to authorize the construction of a railroad upon the property of the Chesa- | PY penke aud Ohio ny and to take such sto) judgment 1 be neces- nal Com] as in bi loek€d out by the Hamlinks was on the 12th of December. He went tohis mother’s house and staid there all that night. He never told them (Hamlinks) that he was at Norfolk one night About that tim The ditgigt attorney then reverted to the question aifed aato the brouking of the 1. per boy's hand, reading from the one hundred.and twenty-ninth article of Stevens’ Compendium gn evidence, claiming that anything tending to isgrace the character of e witness was ad- missible. But the question was again passed mother to know of it. He couldn't remember SCHNEIDER—I DON’T UNDERSTAND, that his mother had told bim he w: doing wrong in paying attention to other women. The district attorney—Didn't your mother threaten to have you arrested about a week be- 2 Didn't you state so in y stable about that time in the presence of a colored maa by the name of Reuben Gray? Wefendant then stated that when he went to Col. Hamlink’s the Sunday before the shooting he went up to the front door and asked for Mr. Hamlink. He did not go acroms to his brother's stable immediately after and before the coach- man and Renben Gray draw out @ pistol. He didn’t ask Gray or the couchman to go with him, and that if they got in trouble he had money and influence enough to get them out of it. The coachman never took a pistol and went with him. The district attorney—Did you not have two pistols then? The prisoner—No, sir; Ididn't, ‘The district attorney—Didn't you ever bave two pistols? | return: The prisoner—Ni ‘ The district attorney—Did you not have a pistol in a tool chest in the stable? The prisoner—Yea, sir. ‘The night of the shooting Appleby came to his (defendant's) mother's just after the col- ored man brought Amie’s anawer. Defendant was standing at the front basement door. He took the note back to a light, read it, = wrote san snewer and sent it by the colored man. Appleby stood at the area door with the colored mn Ap pleby did not go in the house that night at all. id not say anything to Appleby about taking him to Chicago. DENIED SHAKING HIS FIST. Defendant again related the meeting with his wife and Jennie Hamlink on 18th and P streetsa few days previous to the shooting. He denied shaking his fist in either of their faces. The meeting with them wasa pleas- ant one, although he told Jennie that she must stop wearing Amie’s coat. He said he didn’t know a colored boy named Walter Reeder. [The district attorne; not permitted to aek this question: “Didu't you about seven years ago try to get him or some other boy to throw vitrol on some one?” } The district attorney—If you shot in self- defense why didn't you tell the whereabouts of your pistol like @ man without whispering it to your brother? ‘The prisoner—Because I had confidence in him. ‘The district attorney—But why did you want to make a confidant of any one? ‘The prisoner—Didn't want to. ‘The district attorney—Did you have your clothes you wore at the time of the shooting in your cell at the statin? ‘The prisoner-—-Yes, sir. The district attorney—Avid you had them in your cel! all Sunday night? ‘The prisoner—Yes, sir. ir. trict attorney—You wore them at the inquest and to jal? ‘The privoner—Yes, sir. Defendant stated that he saw e pistol in “wit Ris HANDS BEHIND HMw.” Frank Hamlink’s room on two oceasions. He wrote to Chicago to an electric frm. The district attorney—What for? Were you | Aivorec by electticity? P —No, sir. The district attorney~What was the name of the Chicago Inwyer? The prisoner—I don't remember. ‘The elec- tric firm referred me to him. NEVER CONSULTED MB. CARRINOTON. You never had # consultation with Mr.Camp- dell Carrington about getting a divorce, did your ¢ prisoner—No, sir. The district attorney—And you had no right to refer to Mr. Carri as you did. did your ‘The prisoner—No, sir; and ¥ did not mean to do him any wro: Defendant then stated that he now bad on the same necktie that he wore the night of the Shooting. (Necktie exhibited to the jury.] ‘The ball his body, aud when he got to the jail the doctor's men got some liniment for him to put on the scratch on his body. By the court—‘There was no_ mark on bis white shirt. He didn't know what became of the ballet. ‘ itorney—Do, you know « col- There are two or three in aati gatyarnm| without a decision from the court. ‘The district attorney—Did you ever own any other revolver ra ‘Thepfeoner—Yes, for about half an hour, last December. I trusted itto my brother. It wab a large Smith & Wesson. ‘That and the one Thad the night of the shooting were the oul ones ever had. I did get one from Mr. Ws ford about two years ago—a 32 caliber, which I .d to him the next day, taking the one 1 used the night of January 31." I never bought isoner—Yes, oi ict attorney—Ever sell him arevol- The prisoner—No, sir; I never did. ‘The district attorney+-Mr. Schneider, do-you beheve in the existence of a God? ‘The prisouer—I do. The district attorney—Do you believe im a ment and reward? sit do. ments with a Mrs. Colloy, on Q between 14th and 15th streets, to. take bim and his wile as boarders about three weeks before the shoot- ing. She never declined to take them. istrict attorney—Do you know Thos, the prisoner—I do. ‘This district attopney—Did you have a con- versation with him on F street shortly before the shooting? ‘The privuner—Yes, si The ‘district attor id you ask him if Col. Hambnk owed him any rent; that Ham- Tink was going to quit the town and that you were going to have your wife? The prisoner —No, sir; I did not. MONE DENIALS. Defendant denied having had any conversa- tion with Mr. Leroy Willett just before the shooting, in which he said that the Hamlinks were rascals, and that he was going to get rid of his wife and that he would soon hear from him. 3 ‘The question in relation to the Happer boy was then allowed,when the defendant admitted having, in a controversy with him, broken his finger. but he denied shooting at a man at th race track last May. He admitted shooting man last Decoration Day. The district attorney—Where did you go after firing at him? Th er—In about ten minutes’ time 1 jumped in my buggy and drove out in the country. It was the same pistol I used January last. But I didn’t know until the next day that Thad slit him. Defendant denied ever having known a Thos. W. MeKnew and that he drew a revolver ou him at 1612 14th street. The district attorney—Do Foster, ving in Georgetown ‘The prisoner—No, sir. The district attorney—Did she not do some typewsiting for yo ¢ prisoner—No, sir; I never knew her. The district attorney—Didn't youget her to do some typewriting for you, ayk her to go to the theater, and when she refused, draw a pis- tol on her and threaten to shoot her? ‘The prisoner—No, sir, I did not. I never knew such a woman. ‘The district attorney knife on a Mr. Diete ‘The privoner sir, I never did. Defendant denied having obtained a letter from J. B. Thomas; a letter written to Thomas by him, or that he knew of his brotber Frank having gotten it from Thomas through Redford W. Walker. hom know a Mrs. He also denied having any knowledge of | an effort having been made by Frank Schneider to obtain from Culpeper since the shooting, of the letter written by the defendant to Miss Lightfoot. At the request of the dutrict attorney the defendant drew on a slip of paper a diagram of the positions of the parties to the shooting. He was handed a Smith & Wesson pistol, whiel ho stoutly denied having seen before or that ho had sold it to Leroy Willett. REDIRECT EXAMINATION. | Redireet—Defendant denied that he threat- éned to shoot himself if his wife refused to marry him, und that he ever threatened to cut Jennie Hamlink’s throat. Judge Wilson—Did you shoot your wife, Mr. Schneider? Defendant, emphaticaliy—No, sir; I did not. Defendant stated that he disposed of a lot of feed because he wax going to Chicago. ‘The man who brought him the liniment was a pris- oner named Ke Defendant then explained the shooting of -| the man last Decoration day, claiming that he hot in the air. Defendant first knew that his wife was sbotafter reaching the station. After being on the stand about eight hours the defendant left the stand with apparent great relief. —_—-—__ For the Russian Famine Fund. Additional contributions received by the American Red Cross for the Russian famine re- lief are acknowledged as follows: Washington, D. C.—AMiss Mary Williams, $20; Mrs. H. YV. Boynton, #5; Anonymous, $2: Ete., $1; Miss Sunny, Californin—Riverside, Martin Hoover, $25; Fort Jones, Willard Lut- terell, €8.98: Trinidad, 1, Baca pit. Colo- rado—-Colorado Springs, Gazette Printing Com- £220.49; Moreland, Mr. aud Mra” AE. ¥6. Connecticut--Mystic. “‘B,” #3; Mrs. J. E. “Phillips, $2. { Florida—Orlande, James Irving | Crabbe, 100. IilinoisChieago, the Interior, €94.80; secretary, #15; Columbus, Mra. mn, 94; East St. Louis, Charles L. Walrath, secretary wnd treasurer, $15.25. Indiana —Angols, “Allee A. Vorter, ‘trensurer 3 PB. in W.C. Sun, Maggi a eilet Macyiante Sale, $106; Marylans a ee acca ete is 000; Missi a Holy.In- 150; Billings, Gov. J. Ke Toole, #143; N braska, Keneatw, Lillie Templeton, cor Soha ing eceretary Y. P. CE, 85.25; er e son's %, | Poets: $4: Drooklyu, Rrederick Helvowt $5; Whitestone; 1. 1, Mr A. A Sto 5 ar 1 | era ge tional’ Chureb, $124.25; ‘Tipton, J. Tow. 8. — ie 953.85; sary and proper to protect the property of the canal company from appropriation or condem- nation for such railroad purposes. Resolved further, That; the attorney general be and he is further instructed to apply by petition, on behalf of the state, to the circuit court for Washington county in the case therein pending of George L. Brown and others “against tho Chess Canal ompany and = others, passage of a ord restricting ‘the trustees of the bondholders of 1844 of the canal compunf to resist the taking oF tion of any part of the property of the cal company for said Washington and Western Maryland Railroad Company. Gen. Poe then submitted several amend- ‘ments proposed to the bill to earry out the instructions of the above resolution, end said that if the amendments should be accepted he would have nothing further to say. Attorney Cowan resisted the amendments. He said the railroad only wanted to take some wild land adjacent to the canal, and between the canal and river, which ix of no value and not necessiry to the operation of the canal. In fact the innd was leased by the canal com- pany for ninety-nine years for the nominal jum of $50. Z # Gen, Poe read to the committee the m ‘of the of Goy. Jackson upon the present status canal. PRESENT STATUS OF THE CANAL. Gen. Poe said that by a decree of Judge Al- vey of the circuit court the entire canal must be sold within four yeara, but the execution of the decree is temporarily suspended in order to allow the trustees of the bondholders of 1844 to try the experiment of restoring the canal to running order and demonstrati be made to carn a profit for the bondholders. The trustees ure now operating the canal, but that decree of court hav not been vacated and is still hanging over them. Gen. Poe said that the general belief is that the decree of sale will finally be executed. The question for this committee is whether Congress will permit the railroad company to confiscate ® part of the caval and prevent the state of Maryland from sel canal from end to end. ‘The state wants the canal to ition which will permit of its ion of it near Georgetown is ob- structed by this railway company no sale can be made. Ail that the state asks is that the railwa company be required, before it takes the lai to go before the circuit court of Washington couuty and obtain leave from Judge Alvey after a fair hearing before the land is taken. ‘The state asks Congress not to permit its property, in which so much of the public's money has been invested, to be taken without submitting the matter to the court. Representative Fellows asked what part of the canal the railway company proposed to take. Gen. Poe replied he could not state in detail, but it is « fact that « portion is proposed to be taken, At this point the committee took a recess un- til 1 o'clock. IX FAVOR OF THE BILL. When the committee reassembled at1 o'clock Attorney Cowan of the Baltimore and Ohio rea Company addressed the committee, favoring the bill. He pointed out ona map the line of the Metropolitan branch of the Bal- tumore aud Ohio, and the route & the Metropolitan Southern road from Linden station to the Potomac river. ‘The Washington and Western Maryland Railroad Company is organized to build a road along the river from the Metropolitan Southern road to th duct bridge. The Washington and Western ryland road ix owned by the Baltimore and Ohio Railway Company, together with the road built by Bai Company —alonj Georgetown. ‘The original charter of th Washington and Western Maryland provides a route between the canal and the river. As proposed to be amended the route will cross the canal and follow along the north dank on the blutfs. The first suggestion of this pro- osed change came from the Distriet Commis- ioners beceuse the original route would affect the Chain bridge. ‘She next suggestion came from the railroad company in order to practically surmount the biuffs. “Under this change of route the road would run 2,400 feet less along the line of the canal than’ was originally proposed. change and elevation of the tracks would not preclude any other company from -ueing the racks, as required by the original chartér. ‘The bill under consideration does two things; it lengthens the time tor construction one year ‘and proposes a change of the line which in fact takes one mile less than the original charter proposed. ‘The original charter was favored by every member of the land delegation in Con- gress, It was granted first to mon who were respectively president, director and attorney of the Chesapeake and Ohio Canal Compan; and the Bahimore and Ohio bought the stoc! from theve canal employes. The B. and O. having bought the chatter from employes of the canal who were elected by the state of Maryland the railroad company is now opposed by the state. The state does not come to Congress now in her right as a sovereign, but only as @ private individual own- ing the canal. ‘Mr. Cowan then explained tbe early history of the canal and itsrelntion tothe state. Mary- of mortgage Londs on the canal. AGAINST THE STATE'S JURISDICTION. Mr. Cowan said the amendment pro- posed by the attorney general is a most astounding proposition. “It: would be an. astonishing occurrence if Congress, charter for when asked for a national ® road in) a tract controlled by should confer jurisdiction in thet matter to the circuit court of a state, with right of appeal to the appellate tribunal of that stute, ‘The trustees of the 1844 bon are in possession the District solely by decree of the Supreme Court of the District and not by the decree of the Washington county circuit court. of ‘Mr. Cowan then explained the location the canal property which the railroad com> — desires to condemn. He referred to the iiculty of obtaining land records of the canal route and the work of with individual owners of adjacent tracts for the route of the road over The mate of Maryland, stock canal. gave a ninety-nine- leave to Mr. Henry Dodge for 850 a year of the canal property, part of which the railroad now demn. Not over one-twentieth part of. property desired to a tract of vix or eight acres, which was aleo given by the state to several men, offi- cera and employes of the canal, for ninety-nine Pie, Cowes Obio, Martinsb: io Oe Teer tr sikeo UrK, wi ic | Mumeral Pointe * Tose" vet: Malte A Le |. House District committee this morning in the | Com Western Maryland Railroad Company t¢ obtain | *" chartet to cons ‘Maryland Railway Mr. Cow made, bu thé‘contrary. the charter’ was grated. 10 em and Washington and yablte works that | th, The railroad com says the portion is inconsiderable, but it isa Tipped nevertheless, Therefore the rights of canal should be considered. MR. HEMPRILL'S POINT. while a Matviand court Proper he.doubted the pell an have sas @ of property in the trigt owned py the canal, but not necessary its operation. 5 It appeared to be the sentiment of mittee —_ to eS hoesien ry the state of Fesult in delay of the constraction consequent détriment of the citizens of this The committee did nt sppear to see how considerable damage ‘Might occur to the canal or the state of Maryland by allowing the rail- road company to condemn thé land asked for. ALEXANDRIA, THE POLICY OF THE CITY IN RAILWAY MATTERS. The railway policy of the town mow seems a halt and the managing citizens have not de- termined by any resolution ou a sourse of ac- tion for the future. Heretofore the policy of Alexandria has been to give ali railroads all right of | way was tions only as public safety required. Orange and Alexandria railroad was given in 1849 a ehoice of all the the right of | w street entirely on Fayette stre across the edge of the-town, an King igh tes . and part o Bt Asgpl hed been ‘made to a company the wrong name and so gave no legal right, but the city has always preferred to confirm these grants upon very light conditions ‘The abandonment of St. Awpit street wi of the railroad authorities and not» require- meut of the city councii. ‘Lhe only eondition the city eouncil required by its act of 1677 was that the Aand W. RB. BR: Co. should brick depot.on St. Ataph near King rogt and not sand ite in the 9) street, blocking up the passageway,or pay ©. the depot should be built. Even left in uso, snd the right. to thie street is now under the compromise ordinance ndipg in ity conueil.to.be made per- Potual-” King strect lde’beon wise handed Over to street railway companies. So the rail- ways have had no occasion to complain of the past poliey of the city in their regard. THE KING STREET RAILWAY. ‘The proposed Alexandria and Fairfax Street Reval LOLS ABSOLUTELY Highest of all in Leavening Power.<Latest 0.8. Gov't Report. Baking owder PURE TO HONOR THEIR DELEGATES. —_ District Democrats Will Serenade Them To- might if It is Clear. *In democratic circles the late convention still forms « staple topic of conversation. There were two factions before the convention mot and there etill remains two factions. The defeated side are making arrangemen to contest” the right of the delegates chosen to seats in the national convention and nis. are preparing their case and collecting evidence in support of their charges reflecting upon the legality of the recent convention. On the otber hand, their opponents are rejoicing over the victory they have gained. They pi this evening to give formal expression to satisfaction by tendering to Messrs. Norris Davis, the delegates elected to the na! convention, a serenade at the National Hotel. that is if the weather. ite. Of course if the evening proves to be stormy the serenade will be postponed until some other date. All have been made wih democratic front of the Capitol this evening at 7 o'clock. The Artillery Band has been engaged to furnish the ir a al THE IRIGH-AMERICAN UNION. ‘The President Congratulated Upon Mile Stand in the Bering sea Controversy, At the last meeting of the Irish-American Union resolutions were passed congratulating the President and administration ‘upon the manty and dignified stand taken in defense of American sovereignty in American waters against British attempts at encroachments aud usurpation,” and denouncing as false the reiterated charges made by the English press that “whenever the government of the United States demands apology for insult offered or reparation for outrages committed ‘on its citizens such action is taken in order to please Americans of Irish origin In the speeches made it was asserted that Sir Charlies Tupper, the Canadian commissioner, while pretending to be fully aware of the real sentiments of the majority of the American people on the Bering sea question, showed the Anost astor ce not only on that opinion of the great mass of the Canadians on the matter, who it Was suserted were strongly opposed to any in- terfercuce ted "tates by Great jury likely to be caused thereby to themselves, A letter was read by the president from Miss Kate A. Maxwell, of Kate A. Maxwell, granddaughter of William " 5 cemetery wan 4 Jobn Misekels son of the famous Irish: A vote of thanks to Miss Maxwell was unani- mously passed by the union. oe The High School Club. The High Sehvol Banjo Gish winch bas been rebearsing for some time, mace its first public ppearance last evening at the sociable of the church on the corner of 14th and K streets. This club is composed entirely of High School pupils, and is led by Miss Henrictia Morrison, music for the marchine column, which will mF. Davis, down New Jersey avenue, thence to F street, to 15th street, to Pennsylvania avenue and the National Hotel. From the porch the two delegates, Messre, Norris and Davis, and others will address the crowd. Mr. Norris has been a prominent figure in local politics for the past few years. His father was for at the head of the Jackson Demo- iation und was a leader bere in . Mr. Norris bas served as the ‘treasurer of the campaign com- mittee and four years ago was a leading candi- date for election as delegate to Chicago. It ix expected that he will be named for the appoint- ment on the national committee. His associate, Mr. Henry E. Davis, also comes po ee democratic stock —_ a adberent party by descent as well as by couvic- tion. He is a young man, but is well eqnipped asa speaker and a writer for a public career. gutiasaisiocs “Par ema Railway Company is now a welcqme resident of this city. It was comingand going for some time, but it has now located and hes estab- lished ite office on South near King street. Thi the road on King aud it is expected that electrici ing cars up King street and Fairfax street Mount Vernon before next autumn. Before many months one of the routes from Washi ton to Mount Vernon will be via the Alexand and Washington ferry and then by electric cars to the tomb. NEW BOAT HOUSE. The Old Dominion Boat Club is about. to put up a much more commodious and superb boat house in plage of the one they have long occt- pied on the river front between Prinee and Duke streets. The new wee my bye | the style of District with rooms and entertainments. xeellent. showing in sports, and if all the riverside owners follow the example of the improvements of thé boat clubs and of the Alexandria and Washington ferry the town will have ® hand- some aspect from the river. CHARGES AGAINST AN EVANGELIST. It is stated that Rev. Thomas A. Della,» young revivalist connected with ‘the M. P. cburoh, will be tried on charges alleging im- pioral conduct, The charges, it is stated, wilt statement made bya young woman n the newest boat houses in ing a re county, M ' brother-tn- gharse also ig *A'atoment is publishea to be ‘tatement pa from Mr. Della inwhich he denies ‘practicing any deception. This statement confesses to improper dholders n of that part of the canal lying within Jand is stockholder in the canal and the owner | trolled his Bi Fy by ae Te Owner of the | €or t conduct with Miss Henderson under |" il The Unbap?p: py Father: ‘You should be ashamed to idle ail the time. It is time you were working. Weginald: “Why,Fathah! I do wo'bk! I woll my own thiggawettes, wogulably?” If winter continues to linger the summer girl crop will be in danger of being frost- bitten. Don't ‘The Washington base ball nine cannot be said to have suffered through typographical errors, although much of their bad running is undoubtedly due to mise-sprints. “Did you see young Riggins while you were ‘The plagiarist should not be scored, Though he's a sorry elf; ‘You'd probably be vastly bored By what be thought himself. A lightning calculator—an electrician. ‘The ice cream department of a churcb fair is usually of cold calculating nature. ‘Why is it that the sun may shine who plays the banjorine. The other members are Laurence ‘Barringer, banjorine: Messrs Black and Ralph Mills, ‘first banjos; M Lilian Piaut, Sadie Howe and Mir. Si second banjos; Mr. Hern d Mins Gertrude Jocham, guitars, The club played very well, and their work was warmly complimented, diss Morrison also played « banjoriue solo and there was # piano sulo by Miss Isuttertield. poser aie drscamy ¥. M. C. A. Literary Society. The question for discussion at the Sliterary society of the Young Men's Christian Associ- ation this evening will be, “Resolved, That the sigus of the times indicate the decline of the republic.” The affirmative will be presented by Mr. W. P. Freeman and Mr. Geo. W. Drew will reply as leader of the negative side of the questiu: Rewove Tue Cause It is no doubt the correct thing to treat the aymp- toms of adisease, but this is not effective uuless the Cause of the compixint is removed. The sores and eruptions of Scrofuia may be healed by mercury and potash treatment, but unless the cause of these yni= ‘owe ts cleansed from the system, they will return or attack some of the delicate internal orcaus. Swiit's Specific strikes at the cause of the trouble, and forces Out the werms of disease, and the poison throueh the pores of the skin, and at the sane time builds up the weneral health of the sufferer. We will mai) valuable pook to all who wil! send for. SWI SPECIFIC ©O.,Atiants,Ga 3 Masa M. J. Howr, 1300 F ST. N.W. Is now prepared to show the Latest Importations of LADIES' TRIMMED BATS, BONNETSand TOQUES from the leading Parie millivers, together with those from her own work rooms, comprising exclusive strlen not to be found eisewiiere, mbes Pasrece Warez Firens. ‘THE BEST IN EXISTENCE. Tn the present state of the Potomac water everybody is tutorested in Water Filters. Call and eer toe many testi monials we bave from Wasb- tuw'on's leading cititens Prices of Pasteur Patera from ¢h wp. Wraanra & Eoxoxsrox, 1205 Pexxa Ave Worren Cagnraces, ot full — went of ANDREW 4d JOYCE'S BONS, Se Office and % ‘are Rooms, 422, 414, 416 14th wt, alld} 102%, 1040 Coun ay, 497 Penn. eve., adjoining Netiona! Hotel. ‘Horse Blankets and Lap Robes at low prices. ecit7 SS oe 705 Oth wt. m. w. cs Ha