Evening Star Newspaper, November 1, 1893, Page 1

THE EVENING STAR ———__.___ INDAY. BLISHED DAILY EXCEPT SUNDAY. wing sar THE STAR BUILDINGS, 1101 Pennsylvania Avenue, corner 11th St, by The Evening Star Newspa per y N, Pres’t. — EVENING STAR is served to a he carriers, on their oWD account, at 10 cents Nr the cous- Che Evening Star. Vor 83, No. 20,718. WASHINGTON, D. ©, WEDNESDAY. NOVEMBER 1, 1893—TWELVE PAGES. TWO CENTS. Am index to advertise- ments will be found on Page 3. - SAYRES’ WRIT DENIED - An Important Decision Given by Judge Cole Today. THE POLICE COURT HAD JURISDICTION. Judge Kimball Is a Judicial Officer Under the Law. NO HABEAS CORPUS TO ISSUE. Immediately after delivering his opinion the Shea case, elsewhere reported in The tar, Judge Cole delivered the following opinion in the case of Wm. B. Sayres, now undergoing a work house sentence upon conviction of vagrancy: The applicant in this case was convicted of being a vagrant and required to give recognizance, with security, for his good behavior for six months, under section 8 of an act for the preservation of the public peace and the protection of property within the District of Columbia, approved July 29, 1892, and upon failure to furnish such security was com- mitted to the work house for ninety days by virtue of the 18th section of said act. All the grounds upon which he claims his discharge, except two, have been considered in disposing of Shea's case, habeas corpus, No. 24. Two Main Grounds. The two grounds alleged in this case, not found in the Shea petition are: First, that the judge of the Police Court had no juris- diction to try him, but that he was entitled to a jury trial, and second, that Judge Kim- ball of the Police Court, who tried and sen- tenced him, is not a judicial officer, the act purporting to create the office which he holds being void. The law under which the petitioner claims that he was entitled to a jury trial is found in the act of July 23, 18%, in the following language: “In all cases where the accused would not by force of the Constitution of the United States be entitled to a trial by jury the trial shall be by the court without @ jury, unless in such of said last named eases wherein the fine or penalty may be $80 or more, or imprisonment as punishment for the offense may be thirty days or more, accused shall demand a trial by jury, in which case the trial shall be by jury. Not Entitled to a Jury Trial. ‘The penalty prescribed by the act of July 29, 1892, for the offense of which petitioner is convicted is neither fine nor imprison- ment, but a requirement that he should give security in a penalty not to exceed $200 not to repeat the offense for the space of six months, and that he should tn all other re- spects conduct himseif properly, and the sentence requires such security in the pen- alty of $100, which petitioner failed or re- fused to give, whereupon the court com- mitted him to the workhouse for ninety days, under the provisions of section 18, which provides that where the penalty is @ fine or to give security, and the person convicted fails to pay the one or give the other, he shall be committed to the work- house not to exceed six months. It is claimed that because imprisonment may follow a conviction for this offense if the fy, cannot or does not give the security, t, therefore, he is entitled to a jury trial. But im this and like cases, the accused is not entitled to a jury trial by virtue of the constitutional provision, but if at all, by Virtue of the statute, and that confines the right to cases where a fine of at least $30 or imprisonment as punishment for the offense may be thirty days. This statute cannot be enlarged by construction to in- elude cases not comprehended by its terms, and the construction contended for would So enlarge it. The conclusion, therefore, is that im this class of cases the party is not entitled to a jury trial. Judge Kimball's Office. The remaining point is that the act ad- Ging another judge to the Police Court fails to fix the terms for which he shall be appointed, and the law is for that rea- Son so uncertain and indefinite as to te incapable of execution. The act creating the Police Court provides for one judge, and fixes his term at six years. The act providing for an additional judge gives him the same powers and jurisdiction and compensation as the then existing one, but does not expressly fix the time for which he shall be appointed. But the last men- tioned act is amendatory of the first, and construing them together it might well be held that Congress intended the additional Judge to be appointed for the same term that the one is provided for in the original act. However this may be it is not {m- bortant to be determined so far as the re- sult of this case is concerned. For when- ever Congress creates an office and pre- scribes duties and compensation, but does Pot fix the term, the appointing power may appoint for a definite term or during the Pleasure of the appointing power. In a large majority of all appointments made by the heads of the executive departments the term is not only not fixed by the statute creating the office, but generally is not fixed in the commission or appointment. This is also true of many departmental officers appointed by the President and con- firmed by the Senate, yet, it never has been doubted that these are de jure officers. For instance, the assistant secretaries of the treasury are not appointed for any specified term, and it fs also my impression that such is the case in the appointment of members of the cabiret. In 130) Congress passed an act creating the office of register of wills for each of the then two counties of this District, and & probate judge for the District, but did not fix the terms of either officer. The Presi- dent appointed them to hold during his Pleasure, and upon reference to Mr. Wirt, then Attorney General, of the question whether the commission was a valid one. he answered in the affirmative, and said that in such a case the President mizht commission for a fixed term or during his | are 1 Opinions, Attorneys-General, No Error Shown. I am, therefore, compelled to reach the same conclusion fn this case as in Shea’s case, that there is no error shown by the petition which goes to the jurisdiction of the Police Court to try the case, or to its — to pass the sentence complained of, and that the prayer of the petitio: writ of habeas corpus must bear = Counsel for Sayres stated that an appeal to the Court of Appeals would be taken in the case and also in the case of Shea. ——>—__ ooting of Capt. Hedberg. The War Department has received fcll information of the death of Capt. Hedberg, fifteenth infantry, at the hands of Lieut. Maney of the same regiment at Fort Sher- idan Monday afternoon, but will defer ac- tion until the civil authorities have dis- bosed of the matter. Capt. Hedberg was well known in this city through his lon and successful efforts to have Cong: Ss fu, tside the action of a court-martial which had resulted in his being dropped from the [ee ‘The Late Maj. Harrison's Request. Acting Secretary Curtis has authorized the free entry of a group of statuary rep- resenting “America,” now on exhibition at the world’s fair. which has been presented to the city of Chicago by §| Z cago by Sir Henry Doul- ton. British commissioner to the world’s fair. This action is t Is action is taken in with PRE Fequest of the late Ma on. His letter ; je B last officiat tet OM that subject was his 1 communication t - Sipartinens. 0 the Treasury ——— Medal of Hon. Brevet Major Ge John P. Hatch of New York has been awarded a medal of honor a Secretary of War “‘for distinguished ntry in action at South Mountain, M4, September 14, 1852."" re NAMING OUR STREETS./COMING ELECTIONS.|™° 4!2 SUF FERERS|CHICAGQ MOURNSHIM|¥E LOSES 41S CASE./DR LEON WAS HELD. Mr. Robert Ball Makes Suggestions Re- garding Courts and Alleys Arbitrary Names by His Plan to Be Avoided—Locations to Be Desig- mated—The Scheme. Mr. Robert Ball wrote the Commissioners today concerning the naming of streets and alleys in the District of Columbia. In his letter Mr. Ball says: “I take the liberty to suggest a change in tie names of the alleys or streets that are embraced in the squares of our city. At this time some of them bear the names of distinguished men, as Washington street, Jackson street, Grant street, Cor- coran street, .&c. Others have such names as Louse alley, Tin Cup alley, Hog alley, Cow alley, &c. and it is very apparent that none of these names are any guide to their location. “It was on my motion in the city council in 1868 that the houses in this city were numbered as they now are. Beginning at the Capitol as the central point and divid- ing the city into four parts: The quarter situated west of North Capitol street and north of the old canal or the mall as north- west. That portion east of North Capitol street and north of East Capitol street as northeast. That portion south of East Capitol street and east of South pitol street as southeast, and that quarter lying west of South Capitol street and south of the old canal or a due west line from the Capitol as southwest. “My present suggestion is that in each of these divisions you describe these streets that are formed out of the alleys as laid down in the map of the city, or that may hereafter be formed, whatever direction they may run, by the name of the streets that cross each other at the corner of the Square (in which said alley may be situ- ated) nearest the Capitol, for instance in the square bounded on the east by 2d street west, and on the south by G street north, I would call court 2d and G northwest. The Square bounded on the west by 2d street east, and on the south by A street north, I would name court 2d and A northeast. In the square bounded on the north by B street south, and on the west by 4th street east, I would name court 4th and B south- east, and thos? running through the square bounded on the east by 6th street west, and on che north by F street south, I would name court 6th and F southwest. “I venture the assertion that there are not now two hundred men, women and children in this District that can locate, without looking at a city directory, ten of these alleys or streets by the names that the people living in them know them by. These thoroughfares exist in a majority of-the squares or blocks. Some of them are now occupied by elegant houses, and in others houses are being constantly built and occupied te some of our best people, while many others contain a very inferior class. But in every case it would be a great satisfaction to our proverbially ac- commodating citizens to be able to inform strangers that they may meet inquiring for a friend or relative living in one of these localities where the place they seek is to be found. “Our magnificent city is beautifully laid out, the streets plainly and appropriately named, and the houses numbered in as per- fect form as those of any other city, and it is greatly desired that this puzzle in the names of the lanes should be removed, and a uniform system of naming them adopted.” —__. BREVETTING OFFICERS, Gen. Schofield Has Been Misrepre- sented in Regard to His Actions. Gen. Schofield has been criticised because of his alleged opposition to the brevetting of a number of officers entitled to that honor because of gallant conduct in the campaigns against the Indians. An in- quiry shows that Gen. Schofield has been woefully misrepresented in this matetr. It appears that the official records bearing on this subject were carefully examimed with much labor by the major general com- manding the army, under the act of Con- gress of February 27, 18%, authorizing brevets for Indian service, and as a result 146 officers were recommended by him for nomination to the Senate for brevet ap- pointments. But in the further attempt to execute the law much embarrassment was caused by the language of section 2, that the brevet commissions * * “shall bear date from the passage of this act: Pro- vided, however, that the date of the par- ticular heroic act for which the officer is Promoted shall appear in his commission.” And, accordingly, in January. 1891, by a letter from the major general to the Sec- retary of War, the subject was placed be- fore Congress, with view to an amend- ment, a3 indicated by House bill 13362, Wifty-first Congress, and a similar Senate bill. The bills were favorably reported, but further action was not had by that Con- gress. The attention of the Fifty-second Con- gress was then called to the matter, and copies of the recommerdations were sent by the Secretary of War May 27, 189% but action by Congress was not had, and the subject was thus rested where it was in The proposed amendment to section’ 2 was: “That such brevet commissions as may be issued under the provisions of this act (February 27, 1890,) shall bear date from the particular heroic act for which the of- ficer is promoted.” The purpose of the law was doubtless to enable the President to do,at its late date,precisely what might have been done had such a law been in force at the time the gallant service was rendered; and with that in view the amendment to section 2 was recommended. ——_—___ MAJ. LUDLOW’S DETAIL, He Will Go as Military Attache to London. Maj. Wm. Ludlow of the engineer corps will succeed Maj. J. C. Post of the same corps as military attache of the United States embassy at London. The orders to that effect have already been issued, and will take effect about the middle of the month. Maj. Ludlow was formerly En- gineer Commissioner of the District, and later was engineer of the light house dis- trict including St. Mary’s river. He was removed from this latter detail because of disobedience of orders and narrowly escaped a court-martial. The present action of the War Department in giving him a most de- sirable assignment is regarded, however, in some quarters as in the nature of a vindi- cation. ——_+-o+_____ Postmasters Appointed. The total number of fourth-class post- masters appointed today was sixty. Of this number sixteen were to fill vacancies caused by death and resignation and the remainder by removals. The Virginia appointments were as follows: Catron, H. M. Painter, vice R. E. Catron, resigned; Ferrum, J. W. + vice F. N. Manafee, removed; Or- bit, H.'B. Farham, vice E. B. Fergurson, removed. The Maryland appointments were as follows: Graceham, W. M. Armycost, es H. A. Weller, removed: Sabillasville, ler, vice G. W. Manahan, removed. one states and three territories were nted. A Washingtonian in Africa. Bs following paragraph in the New York Herald about a Washington boy will be read with interest by his friends in this city A dispatch from Bona, October 29, says that United States Consul Mohun has just returned from a voyage of exploration aboard the steamer Katanga. He has brought back many valuable maps of the Lomami and Lukenie rivers. It is ex- pected = the Congo state government will reward him for his work. Consul Mo- hun has been conspicuous in the anti-slav- ery movement. He directed the artillery in the battle of Rebariba, “- May, when the Arabs were totally rout The Contests to be Fought in Several States Next Tuesday. INTEREST FELT IN OHIO AND NEW YORK Also in the Result in the Old Bay State. CAMPAIGN IN VIRGINIA. Several important state elections occur mext Tuesday in which considerable interest is centered. In a measure these elections will be looked to for a reflection of public |sentiment on the financial question which has been agitating the country for the past several months. The result, however, can- not be regarded, whatever it may be, as a Popular verdict in those states on this ques- tion, since the issues were made up some time before that of the silver bill was fully shaped in Congress and these issues are largely local. Still, in some quarters, the silver question is expected fo figure. The most important of these elections, where governors of states are chosen, are in Mas- sachusetts, Ohio, Virginia and Iowa. Interest in New York. The most important election where no governor is chosen is that of New York, where there is the usual contest between the practical politicians and “the better ele- ment.” In Kentucky, Missouri, Nebraska, New Jersey, Pennsylvania, Wisconsin, Mary- land and South Dakota minor state elec- tions are held. The principal interest at- tached to the New York election is on ac- count of the opposition of the anti-snappers and reform democrats to the election of Maynard as judge of the court of appeals, and there is some apprehension on the part of democrats that Maynard may be defeat- ed. The interest in the other officers is confined chiefly to the municipal election of New York county, where the democrats, under the rule of Tammany, have general control and are expected to elect their offi- cers without any trouble. The Struggle in Ohio. The contest in Ohio is between McKinley and Neal, chiefly on the issue of protec- tion and free trade. This is expected to be a hard fought battle, McKinley being pop- ular and his doctrine strong in the state and his cpponent being a most earnest campaigner. At the last election McKin- ley defeated Campbell by a plurality of 21,- dll, and it is believed his majority over Neal will be quite as large. Massachusetts. In Massachusetts the people will elect a governor, lieutenant governor, secretary of state, treasurer, attorney general and entire legislature. The democrats began the campaign under state issues, but the republicans have insisted upon a national issue,charging the stagnation in business to democratic rule, and are forcing the fight on that line. A close fight is expected in the state, where the attitude of the two parties on the financial question will enter largely in the campaign. At the last election William KE. Russeil, democrat, was elected by a plural- ity of over 6,00. This year a cousin of the present governor, John E. Russeli, is the democratic candidate, and ex-Representa- tive Greenhalge is the republican candi- date. The fight being largely on national issues, it is exciting universal interest in both parties, and the result ts sufficiently in doubt to preclude prophecy, though the |republicans appear to be most hopeful of success. The Virginia Campaign. In Virginia the campaign is unusually vigorous, owing to the offices at stake and the fight which is being made by the popu- lists for the control of the state. The ticket to be elected includes a governor and lieu- tenant governor, an attorney general, half of the state senate and all of the members of the iower house. The legislature thus elected will, in turn, choose a United States Senator to serve the unexpired term of the late Senator Barbour and for the long term when that unexpired term becomes vacant in 18%. The legislature will also elect the school officials, the circuit judges and five judges of the court of appeals. Rivaling all in importance, however, is the issue of | the election by the legislature of the whole machinery of the state for conducting elec- | tions. The Democratic Candidates. ‘The democrats have nominated a very popular candidate in the person of Repre- sentative O’Ferrall, and a vigorous cam- paign was begun eariy and has grown in activity steadily. The opposition feared by the democrats there does not come from the republicans, but from the third party. The populist sentiment is supposed to be very strong in the state and it is feared by dem- ocrats that the fight over silver in Congress and the attitude of the administration an- tagonistic to silver has weakened the dem- ocrats in the state. The populists have been very active in their campaign, all the best speakers of that party in the House having taken part In the canvass against O'Ferrall. It is there more than in any other state that the result of the election is expected to reflect the sentiments of the scuth on the silver question and democrats are appre- hensive that a defeat for O'’Ferrall or a very considerable reduction of his major- ity below the normal democratic majority in that state will encourage the populists in thar fight throughout the south and may have serious consequences to the dem- ocratic party in that section. Some Other States. In Kentucky the entire legislature is to be elected and city officials will be chosen in many places. The legislature will elect a United States Senator to fill Mr. Carlisle's unexpired term. No particular issue is drawn and the fight is simply on a party division between the democrats and repub- licans. The populists, it is said, are not making much of a fight. In Towa Boies is again a candidate for sovernor and the campaign has been con- ducted on local issues and local adapta- tions of national issues and the result there is regarded as very uncertain. The legis- lature to be elected will ehoose a successor to Senator Wilson. In Illinois there will be elections of coun- ty offices, city officials and judges in Chi- cago. The campaign is not vigorous and gaa feneral interest is being taken n_ it. In Pennsylvania there will be an election for state treasurer and for judges of the supreme court. A quiet campaign is being poner and the interest is almost entirely local. In Maryland the state legistature, a state controller and mayor of Baltimore are to be elected. As no United States Senator is at stake the campaign does not excite more than the ordinary interest, the contest rest- ing upon party lines. In Nebraska there will be an election of supreme judges, but the election partakes of somewhat of a national issue, inasmuch as the democratic state convention indorsed President Cleveland's attitude in the silver question and a large vote for the demo- cratic candidates, as opposed to the popu- lists, will be taken as an indication of sup- port. New Jersey will elect several members of the legislature, but there is no particular contest further than the usual one drawn on party lines. South Dakota will elect judges of the su- preme and circuit courts and only local is- sues are at stake. In Missouri a reasonably active cam- paign is being waged for the election of several minor state cfliciais, but the pre- ponderance of the democratic vote detracts from the spiri. of the canvass, From the Recent Storms on the Sea Coast Islands. Memorial From ‘me Red Cross Society —Proposes a Plan of Relief— Presented Today. A memorial was presented in the House and Senate today from the Red Cross So- clety in regard to the southern storm suf- ferers. The memorial says: “The American National Red Cross, an organization national and international, officiai in other countries and semt-official in this, taking charge of relief work un- provided for by law, other than the marine hospital and life saving departments of the government takes cognizance of, respect- fully presents this memorial in behalf and in the name of the 30,000 destitute and suf- fering people of the Sea Islands of our coast. On the petition and at the earnest solicitation not only of South Carolina’s governor, her senior Senator and most prominent citizens, but also some of the leading humanitarians of the country, the Red Cross went to the field of calamity, and, after a carefui, thorough and pains- taking investigation, we, the president of the Red Cross and her field officers, find this condition of affairs to exist: In a district 145 miles long,from the islands on the boundary line of South Carolina and Georgia to Charleston on the north and from Hilton Head, Folly and Morris islands to a point inland twenty miles or where the tidal wave had spent its fury, there are 30,000 people, suffering for the bare ne- cessities of life, hungry, naked, sick and homeless. Thirty thousand people to feed, clothe, nurse and shelter for seven months or until next year’s crops can be harvested. To do this we have on hand scarcely $30,000, or one dollar a head with which to keep every man, woman and child alive for seven months with food, to say nothing of cloth- ing and the other necessities of life. Just to feed this multitude and keep any- thing for the future needs we are obliged to make this standard ration: Six thousand houses will have to be built week, one peck of hominy or grits and one und of pork. Pix thousand houses will have to built entirely, or repaired as necessity demands. We have already purchased 500,000 feet of lumber, the generous lumber merchants and railroads making it possible to get this large amount at % a thousand feet delivered, with the privilege of duplicating the amount if necessary. The people can raft this lumber to their islands, but saws, hatchets and nails must be had to build the houses. The soil on the islands is wet and sour, the drains and ditches choked up and use- less and vegetation will thrive in but com- paratively few places. The people are liv- ing on this damp ground in tents, under sheds and trees, and the storm of the 12th of October that swept over this district found them defenseless and left them in a more pitiful condition than ever. Malaria in acute form is there, typhoid, typhus and pneumonia will in the near future be epidemic. The condition of the district is as stated. ‘The remedy we suggest is this: The Remedy. The sum of $0,000 be intrusted to the Red Cross, upon good and sufficient bonds, in double the amount named, to be used wholly and solely in the employment of labor in putting the islands in proper san- itary condition, draining the lands so that cropS may be produced and houses beilt for the people who are now helpless through no fault of theirs; strict account to be kept and vouchers made for every expenditure, and if a balance remain it to be returned to the treasury of the United States. The Red Cross will undertake to teed and clothe these people from the funds and provisions given by our generous citi- zens if it can be relieved in the manner prayed for. Free rations must not be given, as that demoralizes and pauperizes. If the lands are not drained and ditched no crops can be grown, which will keep the people in an impoverished condition. We pray your favorable consideration of this memorial and immediate action by joint resolution, for if relief is denied the world will soon ring with the humiliating ery that a famine exists in_the United States of America. CLARA BARTON, President of the American National Red Cross. —— TOP HEAVY NAVY VESSELS. A Plan to Remedy the Dim elded Upon. The board of bureau chiefs of the Navy Department has decided on a plan for the removal of the top-heaviness and instability of certain gunboats, whose condition have been a source of much worry and concern to Secretary Herbert and naval officers gen- erally. This plan will be submitted to Secretary Herbert for action and will undoubtedly be approved by him. It contemplates a num- ber of alterations, but the board estimates that little money will be necessary to make them, and it is stated that the United States has learned a very valuable lesson in naval construction and equipment, the ex- pense attending which may be considered cheap compared with the likelihood that terrible loss of life would have resulted had the defects not been discovered sooner. The plan of the board ot Sureau chiefs con- templates a lightening of the armament of the ships concerned, the Detroit, the Machias, the Montgomery and the Marble- head, and an addition of weight in the hull of each. The Machias now has eight 4-inch guns in her main battery, and these will be changed to six 4-inch guns. In addition to this the masts of the vessel will be short- ened, all the top spars being dismounted and made into pole masts. There will be no curtailment of sail power. To make the Machias set well in the water and to re- lieve her “crankiness,” twenty tons of ce- trent will be distributed along the keel be- neath the boilers and engines. The alterations in the Detroit are also to be applied to the Montgomery and the Marblehead, which are sister ships of simi- lar arrangement, but as these last named vessels are not yet completed in all respects, the alterations can be made with little trouble and expense. The Detroit's battery of eight five-inch guns should be reduced, according to the plan of the bureau chiefs, to two six-inch guns and ten four-inch guns, In addition, a distribution of cement along the keel will, it is believed, overcome her disposition to roll and pitch in heavy seas. The Detroit is now due in Rio Janetro. + 2+—______ Given a High Rank. Mr. Ye Sung Soo, charge d'affaires of the Corean legation in this city, has recently been made a “Sung che,” a position of high rank and distinction in Corea. pet aR A SS ae Government Receipts Today. The receipts from internal revenue today Were $369,816; from customs, $462,275. ity De- Mr. Murphy’s Lecture. Mr. D. I. Murphy, deputy commissioner of pensions, is billed for an address at Dayton, Ohio, on Saturday evening next. His subject will be “The Pension Policy of the Administration.” SS eee Another Arrest. The Post Office Department is notified by wire of the arrest of W. W. Scrutchfield, at Topeka, Kan., on the charge of em- bezzling letters. The arrest was made by P. O. Inspector Cochran. + e+ —_____ Forged a Signature. Lizzie Mosely has been arrested at Dal- las, Tex., by Post Office Inspector Fisher, on the charge of forging a signature to a vege order. She was held in $250 bail for trial. + 2+ Mrs, Edward Parker Deacon's friends in Paris deny the reports that she intends to marry again, | thereto. Imposing Display at Carter Harri- son’s Funeral. THE PROCESSION MILES IN LENGTH. Services Held at the Church of the Epiphany. REMAINS NOW AT GRACELAND CHICAGO,Nov. 1.—All night long there was the same ceaseless procession on either side of the black casket in the corridor of the city hall that was narrated yesterday. Midnight saw some slight diminution in the throng as compared with the sea of wage- workers that swept around the building at dusk, but at even that late hour and from thence on to daybreak there was no actual break in the steady procession. With the coming of dawn and the hurry- ing down of the workers to their daily toil the scenes about the building became more animated. At 6:30 o'clock, when the repre- sentative of the United Press took up the closing hours of the vigil, the people were passing through at the rate of ninety a minute. There were old and young, mothers with young children in their arms, bent and withered old women in widows’ weeds, wage-workers and employers. All filed solemnly and respectfully past the bier, some gazing earnestly, others giving but a hurried glance at the calm, peaceful face of the dead. Now and again some sobbed out loud, while there were few whose eyes were not bedimmed. One old man this morning knelt at the foot of the casket and, engaged in silent prayer several moments. The guard of honor did not molest him. He was evidently a workingman, perhaps one who remembered the dead mayor for some act of kindness. At 9 o'clock probably 5,000 people were still awaiting admission at the eastern portico. The funeral arrangements, however, neces- sitated the doors being closed. Preparations for the removal of the body were then com- menced. The casket was lifted from the bier and the lid closed. On the top was placed the Maltese cross with the scription: “Father and the pil- low of lilies with the name “Papa,” which were the tributes of the daughters and sons of the murdered man. Bearing Out the Casket. In the meantime the various societies and organizations whose representation in the parade had been accepted were forming on the lake front and the streets adjacent At 9:30 o'clock the doors of the building were again opened, and with heads uncovered and reverently bowed the guard of honor passed down the steps. Behind them, borne by eight sturdy members of the police and fire departments, came the casket. The heads of the thousands of spec- tators were bared as the casket was borne down the sidewalk and placed upon the funeral car. A signal from Chief Marshal Austin J. Doyle and the head of the great precession moved. A platoon of police led the way. The Chicago Huzzars acted as escort to the carriages occupied by the honorary pall- bearers, who were as follows: T. W. Palmer, ex-Gov. Oglesby, F. W. Winston, Adolf Kraus, Frank Wenter, ex-Mayor Wash- burne, H. N. Higinbotham, Ferd. W. Peck, C. Fitzsimmons, C. K. G. Billings, ex-Mayor Roche, Judge Adams, N. A. Miles, Lyman Tfumbull, H. J. Jones, P. D. Armour, ex- Mayor Medill, R. A. Waller. The funeral car was drawn by four horses, and on either side, with slow and stately step, marched the active pallbearers, rep- resenting the police and fire departments. It was after the passing of the funeral car that the real sentiment of the populace became manifest A Pop v Outpouring. So far the line had been official; now it was the turn of the people. In detachment after detachment for over an hour marched Masons and Odd Fellows, members of re- publican, democratic and labor organiza- tions, representatives of German, Polish, Bohemian, Irish, French-Canadian, Scan- dinavian, Itaiian and British societies. President Griffin marched in front of the delegation from the Typographical Union and President Waterloo before a division made up of nearly two-thirds of the mem- bers of the Press Club. Gov. Altgeld and the state officials occu- pied carriages in the third division. The Catholic Order of Foresters, the Building Trades Council, the societies affiliated with the Trade and Labor Assembly, the Brew- ers’ Association and numerous other labor organizations turned out in force. Bringing up the rear was a line of carriages, two abreast and sev miles in length, con- taining citizens not affiliated with any of the societies preceding. It was one of the most imposing funeral processions ever witnessed in Chicago, and possibly in the country. Fifty thousand mourners preceded or followed the casket, and a million of people looked on with bowed heads from the sidewalk, windows and housetops along the route of over six miles. The route of the procession was from the city hall east on Washington to Michigan avenue, thence south to Jackson street, west to Ashland avenue and north past the Harrison residence to the church. Many hotels, business houses and residences dis- played evidences of mourning in the form of draped doorways or drawn blinds, while there was a general hoisting of flags at half-mast. At the Church, It was nearly noon when the second di- vision of the procession reached the Church of the Epiphany, almost under the shadow of the dead mayor's home. The members of the family, Miss Howard, the late may- or’s fiance, and her brothers and a few intimate friends had been driven to the edifice in advance of the arrival of the pro- cession, and shown to seats in pews im- mediately facing the altar. To the rest of the edifice were admitted the immediate neighbors of the deceased, the honorary pallNearers, the governor and staff, the members of the city council and the dead mayor's cabinet. Upon the arrival of the casket at the en- trance of the edifice the choir and the of- ficiating divine, Rev. Dr. T. N. Morrison, entered from the vestry, and the minister, with two acolytes, proceeded up the center aisle to meet the body. As the casket was borne into the edifice those within rose to their feet, and in solemn tones the preacher commenced tn- toning the sentences of the funeral office, commencing: “I am the resurrection and the life.” , When the altar was reached the casket was placed on a bier before the chancel rail, and the officiating clergyman proceed- ed with the reading of psalms, at the end of each of which the Gloria was sung. The lesson of the day was a portion of the fif- teenth chapter of the First Epistle to the Corinthians, and at the conclusion of the reading “Nearer,My God,to Thee,” was ren- dered by the choir with touching effect. The sermon was brief, but eloquent. It paid tribute to the life and public services of the dead man, who had been a member of the congregation for many years, und deplored his assassination. When the preacher concluded the choir sang the anthem, “Who Are These That Are Arrayed in White Robes?” The rest of the service, save the “Com- mittal,”” was then proceeded with. At its conclusion “Lead, Kindly Light,” was ren- dered by the choir. Then the casket was again borne from the church and the march to the tomb was resumed. At North avenue, about two miles distant, the foot portion of the procession disbanded and the mounted escort and those in carriages con- tinued on to Graceland cemetery. Here, about 4 o’clock this afternoon, amid the solemn rendering of the committal service, the remains will be placed in the receiving vault. Ex-Journal Clerk Smith’s Suit Against His Successor. The Digest and Manual of the Rules of the House Representatives Not Copyrightable. In Equity Court, Division 1, today Chief Justice Bingham delivered his opinion in the case of H. H. Smith, former journal clerk of the House of Representatives, against N. P. Crutchfield, his successor, dismissing the bill which sought to enjoin the respondent from violating the com- plainant’s copyright, the Digest and Man- ual of the Rules of the House of Repre- sentatives. The chief justice,after reciting the claims and reading from Drone on copyrights, pages 498 and 49, said the first question was whether the book was the subject of copyright. The Publication in Question. It was conceded that for many years it had been the practice of the House to pub- lish such book, to designate the journal clerk to compile and edit the publication. ‘The general proposition is that the author of a work is entitled to the copyright, but that right depends on the nature of the contract. In some cases it had been de- cided that the employer owns the right. Drone says that property in a public doc- ument usually belongs to the government; thus the statutes and reports become pub- Me property and canot be copyrighted by anybody. An Officer of the House. ‘The journal clerk was an officer of the House, recognized by the rules of the House and in addition to receiving his salary re- ceives additional compensation for his d@u- ties in connection with editing and compil ing the work. It was prepared annually and the number of copies ordered by the House printed. It appears that the com- plainant after knowing that he would not be the journal clerk of the succeeding House copyrighted the manual. It seemed to him that the House could not have in- tended that this publication should prevent the succeeding officer preparing the suc- ceeding edition, for the nature of the work was such that there was necessity to use much of the preceding work and the indus- try, wisdom, &c., displayed in the preceding work would be lost. It could not have been the intent of Congress that the journal clerk could not exercise the right to the former edition of the manuel. Not a Subject of Copyright. His conclusion was that the book is not subject to copyright and after it was pub- lished the government lost all right and it became public. The bili is dismissed. There were but few present other than Mr. Christy, who appeared for Smith, and Mr. C. B. Hallam, for the respondent, and the former gave notice of an appeal. —_ ARMY JUSTICE. Annual Report of the Acting Judge Advocate General. Col. G. N. Lieber, acting judge advocate general of,the army, has made a report to the Secretary of War of the operations of |the department of military justice for the fiscal year 1898, from which it appears that |there were 2,198 trials by general court- martial, or 28 less than the previous year. There were, in addition, 356 cases brought before general courts-martial with a view to discharge on proof of prior conviction, and there were 64 cases of trials for fraud- ulent enlistment. The principal offenses | were desertion, absence without leave, fail- |ure to attend drill, drunkenness and diso- bedience. There were two cases of dupli- cation of pay accounts, six of forgery and six of embezzlement. The trials for deser- tion were 521, an increase of 46 over the previous year. The number of trials by in- ferior courts-martial for the eleven months ended August 31, 1892, was 16,670, as against 14,988 for the year covered by the present report. Col. Lieber makes no comments or recommendations, confining himself to a bare statement of the business of his office and inviting attention to the accompanying reports of the judge advocates of the vari- ous departments. Increase of Desertions. Maj. Groerbeck of the department of the Missouri says that “the increase in deser- tions is, with little doubt, due to the in- fluence of the ten-year-service law. The older soldiers have resented the spirit of that law and their increased discontent has been communicated to the younger men. * © © It is doubtful if the ten-year law is in line with good public policy. There are not wanting those who, while not quick or persistent in expressing their opinions, are yet growing fearful that some recent methods of organization and discipline are hurtful and not helpful. A pause in legis- lation seems advisable until the actual meaning of the many recent changes can be more carefully measured.” Capt. McClure of the department of the Columbia also attributes the increase in desertions to the same cause. ——+-o+____ THE FIFTH AUDITOR. His Report f the Operations of His Mice Last Year. Fifth Auditor Holcomb in his annual re- port to the Secretary of the Treasury shows included in the operations of the office dur- ing the past fiscal year was the examina- tion of 332,547 vouchers involving the sum of $695,646,323. The appropriations made for salaries, charges d'affaires ad interim, $20,- 000, and contingent expenses foreign mis- sions, $90,000, were again found to be in- sufficient to cover the expenditures for the year. In the consular service an excess of ex- penditures over receipts is shown of $9%,- 42.9. This is larger than occurred last year. It then amounted to $40,526.70. The amount paid for salaries while receiv- ing instructions and in transit of consular officers to and from their posts exceeds that — last year whi gregene he amount paid for contingent ex; United States consulates, as ‘adjusted, while ~ nee ie — in the sum of 230.1 less tl was reported last year by $30,904.23. Consular fees amounted to over $1,000,000. In round numbers, the government has paid for relief and protection of destitute American seamen, for the last five years, the following sums, viz.: 1889, $37,200; 1990, $38,300; 1891, $33,900; 1892, $36,500; 1893, $24,769.19. It will thus be seen that the expenditure for the fiscal year just ended is less than the average for that period by more than $10,000; and yet the number of seamen re- lieved is not greatly different from the aver- age number for the said period, making a net saving of about $9 on each seaman re- lieved during the fiscal year 189%, as com- pared with the other years above set forth. In the adjusted accounts of the disburs. ing clerk of the State Department are the Paris, $71,359; international monetary con. ference at Brussels, $1,741; contingent ex- penses, foreign missions, $21,346; contingent expenses, United States consulates, $15,277 emergencies arising in the diplomatic and neutrality act, $4,027; rescuing shipwrecked American seamen, $1,434; continental rail- way commission, $11,635; international union interests of the United States in the Sa- moan Islands, $6,535; commission on the es- tablishment of international coin, $1,500. ———+ © +—__-—_- b Orders. Naval Cadet J. H. Russell has been or- dered to the New York; Passed Assistant Engineer A. M. Hunt, from the Albatross and granted three months’ leave; Passed Assistant Engineer Howard Gage, from the Monterey to the Albatross; Passed Assist ant Engineer G. 9. Willitts, from the Inde- pendence to the Monterey; Assistant En- gineer R. E. Carney, from the Independence to the Olympia. following items: Tribunal of arbitration at | consular service, $55,466; expenses under the | of American republics, $22,549; protecting the | WAS If % CRIMINAL OPERATION? The Girl Says It Was, and the Jury Agrees With Her. THE TESTIMONY TODAY. At the fourth precinct police station im South Washington at 10 o'clock this morn- ing Coroner Woodward held an inquest over the remains of a six hours’ old female infant. The death certificate of the child gave the information that the child was the infant of Edward Tincher and Estelle Beach, and premature birth due to criminal abortion was given as the cause of death. Dr. R. T. Holden, who attended the mother of the child, returned the certificate to the health officer yesterday after the child's death. This certificate was transmitted to the coroner, who at once went out to make an investigation. Estelle Beach is eighteen” years old, and lives with her father at 1133 6th street southwest. Her character in the vicinity where she resides has neved been questioned,and yesterday's occurrence could hardly be believed by friends of the family. As the investigation progressed, Detec- tives Weedon and Lacey learned of the girl's statement to the effect that she had visited Dr. Edward Leon of 456 C street on Sunday, and a prescription, said to have been given her by Dr. Leon, was given to them. She said she had been told to have it compounded at Hickling’s drug store,and Detective Lacey went to have that druggist fill it. The prescription bore the signature, “him,” but when the detective mentioned Dr. Leon’s name the clerk put up the medicine. Coroner Woodward made complaint on which Dr. Leon was arrested and locked ap. The officers found the doctor at his home, but before leaving he swallowed a large glass of liquor, and last night in the police station it was necessary to give him stimulants. The Inquest. and J. B. O'Neill. None of the members of the Beach family were present. Dr. Holden was the first witness exam- med. He testified that he was called to attend Miss Beach about 12 o'clock night at her home, No. 1133 6th west. When witness reached he met Mr. Beach, who told hi daughter was about to give child and that an abortion had been per- formed. Witness examined the patient and found her in intense agony. She had suffering since 3 o'clock in the afternoon, so she told witness. Witness sent for a midwife in the neighborhood and had attend the sick girl. The child, he said, was born about 4 o'clock morn- ness made out a birth certificate in the day he sent the death the health office. us foid” Dr. ‘Leon bs performed ‘was told that . operation on her Sunday afternoon. The operation, she said, was performed but she did not state the exact The operation, she said, was made with an instrument and the doctor (Leon) gave i and hearty. Th lence on ihe child. condition of the patient and told of manner in which he had treated her. inistered et j tion having been The Drugai«t. W. D. Lynham, druggist at 108 412 street southwest, was called and asked if he knew Estelle E. Beach. “I never saw her but once,” was his re ply. “She came in the store about ten days ago and asked for some medicine, telling me for what she wanted it.” : “What was her condition at that time? asked the coroner. “I know nothing about it,” replied wit- ness. “I asked her no questions.” “What did you do when she asked for to give her the medicine.” Dad you Teter ber to amy one whe woul do it for her?” “How did you know the girl was Beach?” “Because she gave me her name.” “Did you ever know Dr. Leon?” “No, sir.” Other Testimony. Mrs. Annie V. Kain, the midwife tended Miss Beach, was next She first met Miss Beach when at her house to get the keys of where she (Miss Beach) now resides. 2 o’clock yesterday morning Miss brother called at her house and went to see her she found the on por died bee eit was too ag its an ause She ‘had never known a six-months baby to live. Mr. Smith said he thought the evidence was not competent, as he thought the wit- ness was not an expert. “But,” said the coroner, “she is speaking from her own knowledge and not as aR | oT have been in the business for twenty- | Seven years,” said Mrs. Kain. | Witness said that the patient told her of operation Dr. Leon's having performed an on her Sunday afternoon. She got home 1113 6th street southwest, | He was about thirty years old. “Do you know Estelle E. Beach?” asked the coroner. “Yes, sir,” was his response “How long have you known her?” “About a year, I guess.” “When did you see her last?” “One day last week.” ibid you pay her any money at that ime? “I loaned her $10 to pay a friend. She said she had borrowed $10 of a certain young man and said she would like to pay him_back.” “Did she say she wanted ft to pay the young man or for some other purpose?’ —_—____ —$—— (Continued on Second Page)