Evening Star Newspaper, November 7, 1893, Page 1

THE EVENING STAR. PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR BUILDINGS, 1201 Pennsyivania Avenue, coruer 11th St., by The Evening Star Newspaper Oompany, S. H. KAUFFMANN, Pres’t. pls a New York Offce, 88 Potter Building, suteomelbe dabei im the ety by carters, om thelr own accoumt, at 10 cents week, or dic. per wronth. Copies ‘at the conn- fer 2 cents each. By wa!l—anywhece tm the United States or postage prepald—G0 cents per month. SATURDAY QUI¥ PT PLY SHEFT STAR $1.00 per year; with foreign postage added. $3.00. (Entered at the Office at Washingtoa, D.C., as_second-class mail matter.) ©All wail subscriptions must be paid in ad- vanee. Rates of advertising made known oo application Che £vening Star. Vor 83, No. 20,723. WASHINGTON, D. ©, TUESDAY, NOVEMBER 7, 1893—TWELVE PAGES TWO CENTS. Am index to advertise- ments will be found on Page 3. THE COMPANY WINS. First Round of the Government's Fight With the Metropolitan. JUDGE BRADLEY'S RULING TODAY. Demurrers Fil by the District Attorney Overruled. THE POWER OF CONGRESS. panne ese eed Judge Bradley this morning overruled the government's demurrer to the plea entered by the company in the case of the United States vs. the Metropolitan Railroad Com- pany of this city. In this case the govern- ment sought to secure the forfeiture of the company’s charter because of the failure of the company to pay a judgment of $147, | Tecovered May 1, 18%, by the District against | the company as the result of the company’s | failure during the years 1871 and 1875 to pave between its tracks and adjacent there- to. Judge Bradley's ruling this morning was | @ decision in favor of the company. The decision was a very long one and re- cited at great length the proceedings in- stituted by the government against the company under the act of March 3, 1891, which directed the government to institute Proceedings for the forfeiture of the gov- ernment’s charter if the company within eighteen months’ time failed to pay the Judgment and costs with interest thereon. Reviewing the Case. The information alleged, said Judge Brad- ley, two grounds of, forfeiture. One the alleged neglect to do’ the paving required by the fourth section of the act of incorpo- ration during the years 1871 and 1875, and the failure to pay the District the amount expended for labor and materials in doing the work which the defendant company should have done; the other, the failure of the company to pay the judgment, costs | and interest within the eighteen months from the approval of the act of March 3, 1s9l. On the part of the company it was claimed that there was a waiver by sub- sequent legislation of these alleged grounds of forfeiture, and the want of power and authority in Congress to make the require- ments contained in the act of March 3, The demurrer of .he government to the company’s plea admitted the truth of the pleas, and therefore the subsequent legisla- tion pleaded in the several pleas as waiving | the breaches of the conditions of the char- ter of defendant was admitted to have been enacted with full knowledge of the alleged breaches. The act of June 11, 1878, required the rail- way companies of the city to bear the ex- pense of paving between their rails and for two feet outside of them, and upon the neglect of the companies to do the work authorized the District to do so and issue certificates of indebtedness against them. Effect of Subsequent Legislation. ‘The act of March 2, 1891, authorized street railway companies using horse cars to substitute other motive power, and if they failed for two years to exercise the privi- lege given they should relay their rails with @ flat grooved rail laid level with the sur- face of the street, and upon their failure to do so the District was authorized to is- Sue additional certificates of indebtedness Bgainst the company. The act of August 6, 189, authorized the company to issue stock to cover the cost of changes in their motive power, and di- rected a forfeiture of their charters upon the failure to do so within two years’ time. ‘This time was extended by a joint resolu- tion of July 22, 1392, for one year from that date, and provided for a fine not exceeding $5 for each day the company should be in default. These acts specifically the rights and Habilities under their provisions of the company to perform the requirements of the acts, and it was unnecessary, said the the general change of form of liability imposed by the subsequent acts. It may be conceded that it did not amount to a waiver by reason of the failure to mention the de- fendant as an existing corporation, and yet question remains as to the effect of August 6, 1890, and the joint reso- July 22, 1892. interprets the act of Au- having been intended to defendant company, re: that the company has been en- to change its motive power to batteries and gives it addi year within which to increase capital stock to cover the cost of change complete the new equipments, and by to mention the subject concedes that defendant had changed its rails in ac- cordance with law. This joint resolution ‘was subsequent to the act of March 3, 1891, and prior to the expiration of the limita- tion of eighteen months within which pay- the United pu: of the to confer these additional leges =. = Connon provided ie requirements of the March 3, 1891, and that the solution act are consistent with each other. im equipment during that year and before and after the expiration of the Mmit of eighteen months {t would be subject as an existing corporation to a fine not exceed- of the act of March 3, 1891, yet it interprets the act of August 6, 1390, and {m terms applies it to the defendant, so in- ed and applied the act of August 6, recognized the defendant as an exist- company. A Clear Waiver. ‘This recognition of the existence and the Fesponsibility of the defendant and the con- ferring of new rights and privileges upon it was a clear waiver of the alleged breaches of conditions of the years 1871 and 1875, and of the breaches of charter duly, if it may be correctly so termed, in failing to repay the District the amount expended on its account. If such waiver, said Judge Bradley, were effectual on August 6, 189, the claim of the government that the act of March 3, 1891, ‘was an act of grace upon the part of the government extending the time within which the defendant might repair the breaches by making payment of an amount equitably due the District, must fall. For that act had no occasion to extend grace, the penalty for the sin having been remitted by implication. The act, however, made Ro attempt to be gracious. It dogmatically a an obligation fixing a limit of time within which performance must be made and imposed the penalty of absolute forfeit- ure in default. It created no obligation or es to do so appeared plainly from e information, it requiring the payment by biped =< judgment that had fu) — ‘can iy ipreme Court of the The Government's Claim. It was claimed by the government that his reversal by the Supreme Court is mere- ly based upon the statute of limitations; that it did not touch the legal obligations of the defendant; that it only affected the remedy pursued and did not impair the right of the United States to proceed against the company for violations of its — bes were back of and created o ion to pay Be Pay the amount of . That was not the present | screw cruiser Colum | } uation, for the act of March 3, 1891, re- quired the payment of the reversed judg- ment, a judgment as effectually reversed and in every respect negative as if the Su- préme Court had rendered its judgment upon every assignment of error. It also required the payment of the costs of the cause, not- withstanding the judgment for costs against the District, and the failure to pay these costs was declared and made of equal fa- tality to the failure to pay the amount of the judgment. Such legislation, said Judge Bradley, could not be sustained. The reserved power of Congress to repeal, alter or amend the charter of the company could not be ques- tioned, but it had its limitations, and its exercise must be by such alterations and amendments of the charter as come within the just scope of legislative power. It could not be used to take away property already acquired under the operations of the char- ter, and the alterations must be reasonable, made in good faith, and be consistent with the object and scope of the act of incor- poration. Sheer oppression and wrong could not be inflicted under the guise of an amendment or alteration. Not a Repealing Act. The act in question, continued Judge Bradley, was not a repealing act; it did not purport to be an amendment or alteration of the charter. It was a sheer adjudication by a legislative body of a right in favor of one party against another without the form of a hearing. The legislature may impose a duty upon a body corporate, its creature, the non-performance of which would be a cause of forfeiture, but it transcended legis- lative powers when it enacted that upon the failure to perform such duty the charter of said company shall become forfeit. The question of forfeiture was essentially a judicial question involving vested right, re- quiring investigation and demanding notice to the party to be affected by the forfeiture with full opportunity of hearing. Neither the executive nor the legislative department of the government are equipped for such an inquiry, and the exercise of such function by the legislature is not contemplated by the Constitution. ‘The attempted deprivation of rights by such legislative usurpation of power is not due process of law. The same remarks gp- ply with greater force perhaps to the effect of the act in question as a legislative judg- ment against the company for the payment of its judgment, interests and costs, and that, too, without reference to the still more unique feature of the enactment in the re- versal of the judgment of the Supreme Court. Clearly the enactment was unconsti- tutional and void, as depriving the defend- ant of its property without due process of law. The law of self-preservation demands a prompt refusal of the forfeiture, for the judicial department must maintain its in- dependence. The rights of the citizen,which are jeopardized by the act, require an em- phatic denial by the court, their only hope in_and protection from oppression. In support of his position Judge Bradley quoted numerous authorities, and in con- clusion dismissed the demurrer of the gov- ernment. The Situation. The dismissal of the government's de- murrer leaves the case, it is understood, yet to be determined upon the pleas of the company to the information. From Judge Bradley's decision the government can, of course, appeal, but just what course will be pursued will probably be determined after a consultation by District Attorney Birney with the Attorney General. Sa SUPREME COURT CASES. at of Jurisdiction Recognised— New Trials in Murder Cases. The Supreme Court of the United States has dismissed several cases for want of jurisdiction. Among them were these: Reuben B. Miller, executor, against John Swan et al. appealed from the Alabama supreme court. This was a suit involving | the right of the Alabama and Chattanooga Railroad Company to dispose of certain lands included within grants made to Ala- Ddama in 1856 and 1869 in aid of the construc- tion of railroads. Justice Gray dismissed the appeal of the Empire Coal and Transportation Company against the Empire Coal and Mining Com- pany, from the judgment of the circuit court for the middle district of Ténnessee, on the ground that the diversity of citizen- ship which was an esential prerequisite of jurisdiction in the Supreme Court of the United States did not appear. The judgment of the circuit court of ap- peals for the eighth district was declared to be final by Chief Justice Fuller, in the case of the Colorado Central Consolidated | Mining Company vs. John Turck; hence 1 was dismissed. Turck sued the company | for possession of a mining lode. Men convicted in the United States dis- trict court of the western district of Ar- kansas of murder and sentenced to be hanged were yesterday given anothei chance for their lives by the Supreme Court of the United States. John Brown was convicted of killing Josiah Poorboy and Thomas Whitehead, deputy marshals, in a general row that occurred in front of the residence of one Hitchcock, who was suing for a divorce from his wife. There was a charge of conspiracy to murder Hitchcock involved in the case, and the court per- mitted Mrs. Hitchcock to give evidence. This, Justice Jackson said, speaking for the court, was error sufficient to warrant an order for a new trial. Justice Brown announced the judgment of the court in the case of John Graves, convicted of the murder of an unknown man in the Indian Territory. Brown was returned to Fort Smith for trial, where his wife lived. She did not appear in the court room in the course of the trial, and in his argument the district attorney animad- verted upon the fact. Justice Brown s that as the wife could not be a witness in the case,the defendant was under no obliga- tion to bring her into the court room to aid the witnesses by her presence in either strengthening the identification of the prisoner as the man last seen with the de. ceased or rebutting that identification, and that the statement of the district attorney was so far calculated to prejudice the de- fendant with the jurors as to merit a new trial. The judgment of the court below was reversed. Justice Brewer dissented. ee Returned After Many Yea J. R. Doolittle, who was for years in the Senate, and so well known here, is to ar- gue an important case in the Supreme Court tomorrow. The Senator was one of those Senators who, with Fessenden, Trum- bull and Ross, voted against the impeach- ment of President Johnson. After many years’ absence from Washington,he returns to find the great changes hardly to be tmag- ined. Though many years over the allotted age, three score and ten, he retains‘all the vigor and intellectual activity which dis- tinguished his senatorial career. Gen. Thomas Ewing of New York is engaged on the same case, to be heard tomorrow. ——————_-e + __ What One Postmaster .Thought. A southern postmaster called at the Post Office Department this morning, and was shown through by one of the officials. While indicating the location of his heath on the map which is inlaid in the table of the Postmaster General, he incidentally re- marked that he was greatly.surprised that all the departments seemed to have sepa- rate buildings, because he thought they were all housed at the Capitol. A Disputed Water Front. The application of the state of California to bring an original suit in the Supreme Court of the United States against the | Southern Pacitic Railroad Company to de- termine the ownership of the water fron in the city of Oakland, claimed by both parties, was granted yesterday. The rail- road company will be notified to plead to the complaint filed by the state by the first Monday of March. Naval Movements. . S. Kearsarge touched at Vine- "s yacht Dolphin arrived at , today, to assist in mark- ‘ourse for the trial of the triple- bia on the 13th instant, Gloucester, ing the sea OUR SHIPS AT RIO. They May Have Some Active Work to Do. WHAT FOREIGN MEDDLING “MEANS. A Possible Crisis That Might Call for Vigorous Action. THE HAWAIIAN QUESTION. An impression prevails among some gov- ernment officials that the prospects of this country becoming involved in the trouble in Brazil are much more imminent than 1s generally comprehended, and that there ts a strong probability that within a short time our war ships in the southern waters will have some active work before them. The situation is regarded by well-informed officials as grave and the possibility of our being involved in actual military hostilities as not remote. Just at present matters are |at a standstill. We have several war ships there which are good of their class and others are in readiness to proceed to the Brazilian port on short notice. The pur- pose of the administration ts stated to be to have assembled there the very best ships in our service in numbers sufficient to make any stroke of policy attempted successful. The crisis has not been reached and it 1s not anticipated that there will be any de- velopment which is liable to involve the United States in the trouble until the fleet of the government of Brazil, which is be- |ing fitted out in this country, shall have reached the Brazilian coast. At that time the crisis may come that will compel this country to take a hand in the settlement of the difficulty. There ts a decided belief here that there is secret foreign interfer- ence for the assistance of Mello in his revolution, but as yet there has been secured ho positive evidence of it. When it is known beyond dispute that Germany and the rest of the triple alliance is as- sisting the revolutionists there is no rea- son to question what will be the policy of this government. It will be vigorous enough, it is asserted, to satisfy the most ardent advocate of the Monroe doctrine. If evidence of this foreign interference is produced, the first step taken by this country, it is said, will be to enter a vigorous protest, and if this is not followed at once by a cessation of all interference the protest will be sustained by force. Whether force will become necessary it will require time to develop, but if the cir- cumstances arise the force will appear. Mello’s Navy. It is believed that an addition to Mello’s navy is being fitted out in some foreign port, and that the new vessels will be ready to join the revolutionists about the time that the fleet of the government of Brazil, being fitted out in this country, reaches the scene of action. Thus far Mello has not in any way interfered with our com- merce, and an attitude of most perfect friendliness has been maintained by both the government and the revolutionists to- ward the United States. But the conflict will come when the government fleet ap- | Pears, and the United States will then be compelled to declare a policy... If the triple alliance keeps its hands off, the United States can do little else but stand on guard and preserve neutrality, but if there is any foreign interference it is not likely our government will remain passive. Plans are being made in anticipation of the most serious developments. If it becomes neces- sary for the United States to use force to compel the recognition of the Monroe doc- trine, we will probably be involved, ac- cording to the information now at hand, not with Germany alone, but with the | whole triple alliance. In that event, it is thought, Russia would take sides with the United States. Other Troubles in South America. The trouble in South America is not con- fined to Brazil, but is brewing throughout | the country, Other outbreaks are antici- pated and there is a possibility that we may in a short time have trouble on the Pacific coast to occupy our attention. It is said that Chile, having cleared away the debris of her recent war, is preparing for trouble | with some of her neighbors and the policy f the Chilean government is, since our rouble, generally hostile toward the United States. How far there is danger of our be- coming embroiled on the Pacific coast of |South America cannot yet be said. | The Hawaiian Question. | Out of all this grows the possibility of a | | change of purpose on the part of the ad- ministration im connection with the Ha- waiian matter. The administration has not been disposed in favor of the annexation of Hawali heretofore, and the report of Mr. Blount on the subject was in favor of a rotectorate, and not annexation. It has been understood that Mr.Cleveland intended ation or protectorate was required. Later, however, there seems to have been a change | of purpose, and at this time a report froma Mr. Willis is awaited with considerable ii terest by the administration. It is conceived that there is a probability that the report of recent developments which will come from Mr. Willis ma change the attitude of the administration. It is said that everything will depend on the nature of this report, but that it ts pos- sible that it may be of a characte: to lead Mr. Cleveland to send to the next session ox Congress a message favorable to annexa- tion, and entirely different from the message he would have sent during the special ses- sion, The administration is now awaiting with deep interest for further information from Brazil, Chile and Hawali, and it is probable that steps will be taken to dis. cover if there is any warrant for the belief | that an addition to the naval forces of the revolutionist Admiral Mello is being fitted out in a European port. Believed in Naval Circles. The statement in yesterday's Star that Commodore Walker will take command of the United States naval forces in Brazil in the event of a crisis jeopardizing the princi- ples of the Monroe doctrine finds general credence among naval officials and other persons who have closely observed the re- cent trend of events in connection with the revolution in Brazil. Commodore Walker's present duties are of an important char- acter, but they couid be readily relegated to another officer in case it is deemed neces- sary to send him to Rio. His selection for this most important duty would be based primarily on his ability and his thorough knowledge of the situation and incidentally n his friendliness with both parties to the | conflict. This friendship dates from the | time when he last visited Brazil with the | squadron of evolution, a few years ago. | _ OO Oo Something Going to Drop. Mr. Arrington, chief post office inspector jof the Washington division, left for the south last night. Today he is somewhere in Virginia near Richmond. He is working on an important case, and something is about | to drop. +e +_______ Government Receipts Today. The receipts from internal revenue today were $201,773; from customs, $192,018, A FLOOD OF IMMIGRATION. The Annual Additions to the Number of American Citizens. Interesting Facts Taken From the Re- port of Mr. Stump, Superintend- ent of Immigration. The annual report of Mr. Herman Stump, superintendent of immigration, contains a mass of statistics, from which it appears that for the last fiscal year ended June 30 last there were 440,793 immigrants arrived in this country. Of these 439,730 were landed and 1,063 were debarred for special causes; in addition to which number 577 were re- turned to the countries whence they came, having become public charges within one year after arriving in the United States. During the preceding fiscal year 681,827 immigrants arrived in this country. Of these 579,663 were landed, 2,164 were de- barred for speciai causes, and 637 were returned to the countries whence they came as having become public charges. There were 141,034 less immigrants arriv- ing during the fiscal year ending June 30, 1893, than for the preceding fiscal year. During the fiscal years of 1892-'93 the great- est decrease of immigration was from the following countries: Russia, 40,791; Hun- gary, 12,732; Poland, 24,162; Bohemia, 2,428, making a total of 80,113, whilst Italy shows an increase of only 10,514. This decrease of immigration is attrib- utable in great part to cholera, which made its appearance in August, 1892. A strict quarantine was at once established at all our Atlantic ports on September 1, 1892, and passengers were detained for a period of twenty days as a precautionary measure, and many steamship companies thereafter refused to embark immigrants. During the months of March and April, 1893, large numbers came over, and in the first part of May of the same year as many as 20,000 immigrants were reported to be upon the ocean at one time destined to the United States, their object being to arrive before the restrictive measures embodied in the act passed March 3, 1893, went into effect. This act has been in operation since about May 12. It inaugurat- ed many changes in the administration of the law. At first considerable trouble was experienced before its machinery worked smoothly, says Mr. Stump, but, happily, harmony was soon established. The trans- | portation lines readily adapted themselves | to the new requirements and have aided and assisted the officers attached. to this bureau in carrying out the provisions of the law. The superintendent says on this subject: “Our people do not desire that immigra- tion should be suspended, for nearly every state in the Union has a state board, whose business it is to induce immigration to its particular section, but they do demand that only those who come to live under our free institutions and make our country their homes and by honest tofl and labor to better their condition shall be admitted. | With this end in view the most beneficial results may be confidently expected from the strict enforcement of the present re- strictions upon immigration. An addition | might be made to our immigration laws |giving power to courts having criminal | jurisdiction to deport all aliens who with- | in a period of two years from the date of | landing are convicted of any crime or mis- cemeanor which, in the opinion of the court, renders them undesirable citizens, or the principles of the Constitution of our government and to the good order and well being of society in general. This would rid _us of alien anarchists, criminals and turbulent spirits who are opposed to the laws of God and man,” Of the immigrants 616 gave the District of Columbia as their destination. ES Mae A sey eee AGAINST RETIREMENTS. Representative Batley Will Press His Bills at the Regular Session. Representative Bailey of Texas intends to |make a campaign against the retired list of jthe army and navy and United States judges on the retired list when the regular |session of Congress opens next December. | He introduced several bills a few days agc, | noted in The Star at the time, providing for | the repeal of the laws authorizing the re- tirement of officers of the army and na and United States judges, and also provid- |ing that those persons already on the re- ) government, | “Why, of course I intend to push them, id Mr. Bailey today, when questioned by a Star reporter. “I was never more in earn- |est about anything in my life. If those bills are not reported from the committee after |a reasonabie time I shall reintroduce them and ask their reference to some other"com- mittee. I think the House has a right to (express its opinion upon them by a vote, and some people will be surprised, 1 venture, |to see the favorable senument coward them | which 1 beuieve tne vote wilt disclose. ‘I think tue policy of the redrement cf officers is wrong the fitst piace, and it begins at the wrong end of tne situatio: te »|tov. Lhe common soldier, I take it, the man | sending a message to Congress during the | who serves through all the tolls and dan; | Special session in accordance with the re-| Gf camp aad leld tor a begeariy. pit | port made by Mr. Blount. He was deterred, has wuc litue, i any, opportunity to } however, from doing this at first by some | vide agains( tae rye de vl 4 eneral opposition within the party andj ¥et he must out of his’ m : Enally poethoned the message altogether on | 3d ve enouga to keep him frora want when | account of further information and other he is no longer ubie vo work, ior the govern- developments expected. 1t was first ex-|!nent does aot eng: tun hin on pected that Mr. Willis, Oo was 5 s {his decining a ulcer, however, minister to Honolulu to succeed Mr.Blount, | With Ris good seary, need uot economize, would act there merely as minister, and no | bUt im: d his money trom dey to da | report from him on the question of annex- | Now.ng tat when ne is no wager able j work the gover: | the retired tist “The whole system is wrong and I shall juse my best efforts nexc session to get these | bills through the low aur. Bailey has nade a study of the subject and wiil come ment will support him on nd figures to present rguments for the bill os A Handsome Meascager. A good story is going the rounds of the Department of the Interior today. Mr. Ben- nett, private secretary to Secretary Smith, |is the victim. Two female clerks stood near the desk of Mr. Daniels, the chief clerk. One was a new appointe@é and was unac- quainted with the department folks. Said she to her friend: “What a handsome me: senger the Secretary has.” “Which one? inquired the veteran departmentalist, “Will- jam or Joe?” “No,” said the newcomer, “the tall young blonde who takes cards into the Secretary and tells you whether he will see you or not.” “Why, foolish woman,” quot the vet, “that man is Mr. Smith’s private secretary.” A dull thud. Quick curtain. + ©+______ Fourth-Class Postmasters. The total number of fourth-class post- masters appointed today was sixty-three. Of this number twenty were to fill vacan- cles caused by death and resignation, and the remainder by removals. The Virginia appointments were: Hickory, L. C. Ives, vice J. W. Sanderson, resigned; South Hill, R. E. Yanney, vice D. A. L. Northington, removed. David Myersly w: appointed postmaster at Pleasant Vall Md., vice N Kister, dead. —___—<_+e._____. Freedmen’s Hospital Report. The October report of Dr. Charles Purvis, surgeon in charge of the Freedmen’s Hos- pital, has been received by the Secretary of | the Interior. The total number of admis- sions was 201. Of these thirty-six were white and 16 colored. Twenty births are recorded, 221 people were treated, and eleven surgical operations were performed. -o—— To Be Examined. Lieut. F. H. Delano has been ordered to examination for promotion. in support ef his convinces it that they are not attached to | tired list shall cezse to draw pay from the | back next December equipped with tacts | TROUBLE OVER VOTES oa Excitément at Buffalo and Gravesend, N.Y. Authorities Called Upon at Cam- den to Prevent Fraud. VIOLENCE AT THE POLLS. ee A ae Special Dispatch to The Evening Star. ALBANY, N. Y., Nov. 7.—Trouble seems to be cropping out at the polls today. In this city the police reserves have been call- ed out twice this forenoon. In Gravesend, Queen's county, John Y. McKane has terrorized all his opponents and openly defied the orders of the supreme court, and in Buffalo almost a reign of terror prevaiis in some of the wards, par- ticularly the first, where toughs imported for the purpose by the Erie county demo- cratic leaders, are intimidating voters. From present indications it looks at this writing as though serious troubles would arise in Buffalo. Last fall by reason of the fact that the republicans were able to secure copies of the returns throughout the city, they were able to detect the fraud by which it was attempted to count in a democratic superintendent of public instruction. This year, Superintendent Chambers of the po- lice department, acting under orders from the police commissioners, of whom State Committeeman Augustus F. Scheu is chair- man, refused the request of Secretary Jno. R. Hazel of the republican general com- mittee that representatives should be al- station house throughout the city. As fast as they come in from the various stations they are sent into headquarters. The po- lice returns were furnished early last year. Superintendent Chalmers’ order practical- ly cuts off all chance of a systematic col- lection of the returns, aside from the po- lice. It will afford chance for unlimited frauds. His action is regarded as a virtual admission that the Sheehan machine men Propose to grin on the face of the returns by hook or by crook. Chairman George Bleistein of the home rule democracy has sent letters to all the patrolmen asking them not to yield to bull- dozing from their Sheehan speriors. This may have a reassuring effect on the part of the force who are ready to revolt at the work they have been called upon to do. The colonization of the first ward of Buf- falo Mas called forth a warm protest to the mayor from the citizens of that ward, but the police being wholly under the con- trol of a police board out of all sympathy with the mayor he is unable to give the voters the protection they seek. The seri- ousness of all these indications caused the governor yesterday afternoon proclamation, in which he says: “It is es- sential to our liberties and to the fair name | of our state that the expression of popular judgment at the polls shall be absolutely untrammeled and honest. I therefore cail upon the people of this state to see that the election tomorrow, November 7, shall be an [honest one. I call also upon all election | Officers, all district attorneys, all sheriffs and all peace officers to see that the laws their full duty in the complete enforce- ment of the laws shall be considered suffi- clent cause for their removal.” The menibers of the republican state com- mittee do not seem to derive much consola- tion from this, nor do the democratic lea- |ders, who have made plans for corrupt work, seem to regard it seriously. In fact unless the governor's attention is specifical- ly directed to flagrant violations of the law it is not probable that offenders will be punished. Not even in a presidential elec- tion have more freudulent votes been re- gistered than this year. Ineffectual efforts have been made to strike the names of the repeater off the sts, and it must be said to the credit of the better classes of citizens in both parties that they have worked sincerely to accom- plish good results. The showing, however, for the race of honest elections is most dis- appointing. | —_—- | NO REGARD FOR LAW. Super © MeKane Says He “Ri ravesend to Sulit Himself. BROOKLYN, N. Y., Nov. 7.—There was a good deal of excitement at Gravesend this morning. Armed with suel by Justice Barnard of the supreme court compelling Supervisor McKane to al- low the republican inspectors to watch the voting, a party ef Wm. J. Gaynor’s sup- |porters left the latter's place in Brooklyn at 4:40 this morning under the leadership of Col. Alexander S. Bacon. ‘The party num- beved about fifty and proceeded in ear- riages to Gravesend. ‘The first carriage had Col. Alexander s. Bacon, Mr. M. C. Moore of the commit- tee of one hundred, vice president of the county committee of Brooklyn and. vice president of the citizens’ union and a well known democrat, Wim. A. Whiting, a New York lawyer, and Wm. K. Warner, chair- manu of the democratic committee’ of the twenty-second ward. They carried with them the order issued by vusuce Barnard. They entered Gravesend from four airec- Gons and found McKane and his police force drawn up around the court hvuse. McKane refused to take the papers oifer- ed and told Col. Bacon that they were go- |ing to run the town to suit themselves. Col. Bacon znd his three companions were n arrested und locked up for two hours. After Mr. Bacon and his companions had |been in jail for two hours Chief Mckane jailowed the injunction papers to be served jon him, He then released ail of the prison- lers except Peter Rosenbeck. | Measures were taken to have a writ of | habeas corpus issued to secure Rosenbeck’s it . Hughes, one of the “watch- ’s,"", who has just returned to Brooklyn, makes the following statement: “I was in the coach with Col. Bacon. When we got to the polling place McKane and some of his ofticers came to the car- riage door. We were about to get out when McKane said to Col. Bacon: ‘I have been |looking for you.’ | “Col. Bacon took the injunction papers jout and said that he had an injunction from the supreme court to restrain McKane and his officers trom preventing the watch- Jers from going into the polling place and doing their duty, and he told McKane that the watchers were there. “He said to Chief McKane, ‘I am here under the protection of an injunction of the = umes court issued by Mr. Justice Barn- ard. “McKane answered, ‘I don't care a d—n for the injunction of the supreme court or Justice Barnard.’ Col. Bacon offered him the papers and told him what they were, but McKane wouid not take them, “He called the officers and told them to seize Col. Bacon and lock him up. The of- ficers did so, and Col. Bacon did as well as he could. McKane then ordered the rest of us to get out of town as soon as possible.” Edward Grout, a law partner of Mr. Gay- nor, makes the following statement: “The coach in which I was with three others was stopped when we arrived at the polling place by Judge Newton. I took the injunction order and showed him the orig- inal signature of Judge Barnard to it and told him it was an injunction restraining ef- forts preventing the watchers from taking their places in the polling place, and the watchers were there ready to take their places in the polling booths. Judge Newton sald, ‘I don’t care a d—n for the supreme court or for Judge Barnard. You can go no further." “Then he called officers and hustled us, POLICE ACTIVE AT PITTSBURG. | lowed to get the returns tonight from each | re rigidly obeyed, to the end that good order may prevail at the polls and the 7 At noon persons appealed to Sheriff West of honest franchise be sacredly shed the military in readiness, as a gen- and I give warning that all failures on the fot fs feared. Part of such public officers to discharge | At the Cooper Hospital the following per- the order is- | and some of us were thrown down and trampled down and we were all struck. “A man who came down as a friend with |me, Ulrich Medow of 201 Sterling place, was knocked down and his coat torn off and his | watch stolen. He was covered with blood.” At 10:30 o'clock Justice Cullen granted a | Writ of habeas corpus in the case of Rosen- | beck, returnable forthwith. Other Accounts. Theodore Witte also saw the treatment of Col. Bacon and his arrest and gives the same account of it. Ulrich Palmedo said: “I went down there as an officlal watcher, and as I got off the train I was surrounded by a crowd of men, some of them in police uniform, but the greater number in citizens’ dress and arm- ed with clubs. I exhibited my papers signed by Judge Cullen and some one in the crowd took them out cf my hand, tore them up and threw the pieces in my face. Then two others set upon me until I was glad to get away with my life.” Mr. Palmedo was in a sorry condition. His eyes were blackened and almost closed, his face was cut and bruised and blood was flowing from his wounds, which, as he spoke, he continually staunched with his handkerchief. “It was an outrageous proceeding, such as I never have witnessed before,” added Counsellor Louis Stober, who was present at the occurrence. “Why, they had no re- spect for any one.‘ John’ Y. McKane was there and appeared to be the leader of the gang of Gravesend toughs. “The moment he caught sight of Col. Ba- con he rushed up to him with one of his heelers, and, tapping the colonel on the shoulder, said: ‘You are just the man we have been looking for. Here, officer, ar- rest tnis man and lock him up,’ and at that time Col. Bacon was grabbed by both arms from behind, and he was quickly hustled away to police headquarters. The Rev. J. Kent, who was with us, was also assaulted, and I was pretty roughly han- |dled myself, though I got off much better than my friend Mr. Palmedo.” Mr. H. S. Worthley, who was one of the jofficial watchers who went down to Grave- |send this morning, had this to say of his experience: “I went down there as an of- ficial watcher early this morning and I |had an injunction signed by Judge Cullen in my pocket. As soon as I got off the | train I was accosted by John Y. McKane, |who asked me who I was and what was |my business. When I told him he ordered |me to get out of Gravesend in a hurry, and when I moved away from him to avoid WORK AT THE POLLS. Latest Estimates Given Out at Boston. HOW THE VOTING IS GOING ON. The Elections in the Other States. “ es EARLY VIEW OF THE VOTING. Special Dispatch to Tue Evening Star. BOSTON, Nov. 7.—It is republican weather in Massachusetts today. An In- dian summer sky, and just the kind of tem- perature to lure the farmers’ vote from its backwoods fastnesses and record it for the straight republican ticket. It will be the greatest surprise the state has ever expe- rienced if ex-Congressman Greenhalge is not elected, but the republican managers have been surprised so often on state con- | | trouble he said. @ move on you and |get out of here quick.’ One of his men who thought I was not moving fast enough struck me a blow in the mouth with his |fist and I made haste to get away, as I |saw my life was in danger. I firmly be- |leve I would have been killed or badly in- jured if I had offered any resistance.” Others of the watchers were assaulted and some of them desperately. —__— TROUBLE AT CAMDEN. Attempts at Illegal Voting Cause Col- Msion With Authorities. CAMDEN, N. J., Nov. 7.—The voting in every ward in the city up to noon was a heavy one, in some of the precincts more than two-thirds of the entire registered vote being polled up to that hour. In the majority of the wards an election is being conducted peacefully and the citizens depositing their votes and immediately leav- ing the vicinity. In the fifth, part of the sixth and ninth, however, there have been a number of rows, mainly between the democratic special po- lice and the republican deputy sheriffs. Sev- —. = been admitted: Samuel Chestnut street, shot in the head; Geo. Banks, shot.in the leg; Frank Swain,eighth ward, shot in the leg and head cut; Nelson Geary, shot in the head; Edward Dreer, shot in the leg; Martin Van Dyke, shot in the side; Julian Shambers, 70 Chestnut street, was cut inthe throat by an unknown person; Frank Dobson, head cut; Samuel Collins, Stockton, shot in the leg. The trouble was caused by the republican dep- uty sheriffs endeavoring to prevent illegal voting. The assaults were made principally by the regular and special democratic po- licemen. Repeaters are at the polls in num- bers, and terrible bloodshed is feared before midnight. The democrats claim they will elect the entire ticket in the county. Later—Vandyke, who is colored, was not shot in the side as at first reported, but had his throat cut. The cutting occurred in the seventh ward at 8 o'clock this morning during a drunken row. The perpetrator is |not known, and the victim is in a danger-| above, the following cases are reported as | having occurred this morning: Frank Severn, deputy sheriff, stabbed in the neck by an unknown person while standing in front of an election booth in the | second precinct of the eighth ward; Neison | Currey, deputy sheriff, shot twice in the side in the eighth ward, and afterward ar- vested: John Juckoo, colored, deputy sheriff, badly beaten with a black-jack in the sev- enth ward, and subsequently arrested; John Thompson, democrat, badly beaten while | attempting to cast an alleged illegal vote. Up to noon no serious trouble had occur- red at Gloucester. The vote there is being | cast rapidly. | CROOKED WORK IN NEW YORK. |A Republican Candidate Appeals to j Police Hendquarters. ‘EW YORK, Nov. 7.—Charles H. Mur- republican candidate for district at-| torney, and who is also republican leader in | the third assembly district, called at po- | lice headquarters this afternoon and com- | plained to Police Commissioner McClave that throughout the third assembly dis- | trict efforts were being made to keep repub- lican watchers from the polls. ous condition. In addition to those named | ‘tS defeat, indeed, the entire press j out to the polls this morning | made heretofore. There has been no El eect ebstotutee Sensational Charges. A sensation has been created charge that the democratic leaders ton have fixed up a plot to hold real returns in the wards of the sending out false and enlarged returns, then sending the ballots to city hall, ing to luck to be able to fix the 80 as to make Boston elect John E. over the republican plurality in the and cities outside. Whether true or not the story the effect to make the republican officers doubly watchful, and doubtiess be able to frustrate v scheme. The republican state central mittee has offered a reward of $100 to one giving evidence that will cause cution and conviction for illegal voting. The Journal, republican, 7 there are now huddled here dreds of tramps and vagabonds voted today under one pretext is a well-known fact; been instructed to the republican ticket, caught at their illegal by in i gfe be i il i iediste i i i He e Bin with from 20,000 to 25,000 plurality.” On the democratic side the managers are building their hopes on the Boston vote. Part of the republicans as | They confidently expect | Russell a larger vote for governor ever polled for a candidate for | Boston, exceeding Russell's 14,888 majority in_1892. The fears of defection among operatives on account of the dull and, at this hour, the are polling their full party strength. Boston votes today on the acceptance | the famous rapid transit bill, which - pied the major share of the attention of | last legislature. By a curious political demain Mayor Matthews and Hetald, the chief advocates transit measure, have now joined ie : g g : & city seems to be against it. The city engineers’ estimat far exceeds the estimates of committee. The committee, that their figures are right city engineers’ figures are inspii thews, who, for some reason, the bill. There is no prospect In these times the public figh' expenditures. | a 8 z ig i A E i i —_—_—— IN NEW HEAVY VOTING No Reason to Change the Results. Special Dispatch to The Evening Star. ALBANY, N. Y., Nov. 7.—From the ner in which the voters have been hi the state, there is no doubt registered vote will be cast. perfect, the country roads is nothing to prevent a very ‘The Star correspondent, from advices received last night and ing, sees no reason to change the ee Eeag? Hae ment of the anti-Maynarda sentiment. The counties that will give the largest He alleged that “crooked” work was being done. Mr. McClave consulted with Superin- | | tendent Byrnes, and the latter directed In- | spector Williams to visit every election dis- trict in the third assembly district, and see | that the republican watchers were not in- terfered with. 1 A Crank Fires a Revolver. | ALBANY, N. Y., Nov. 7.—Shortly before |11 o'clock this morning a crank fired two shots from a revolver into a crowd of voters |at the polls in the sixth district of the tenth | ward. Great excitement prevailed and word was telephoned to police headquarters for reinforcements. The man was quickly | locked up. As far as known no one was | hurt. an REPEATERS AT NEWARK. A Number of Arrests Made for Voti NEWARK, N. J., Nov. 7.—A big vote is being polled in this city and throughout the county. Fred. Deleot, the republican candidate for assembly in tenth district, reported to the police this morning that gangs of repeaters were being marched | from poll to poll in that district. Similar | reports are being frequently received by | the republican county committee. Anton Cooley and William Wildrie were arrested shortly after 7 o'clock this morn-| ing in the second district of the sixth ward for attempting to vote illegally. Alfred) | Werner was arrested on the same charge! in the fourth district of the fourth ward, and Thos. Kane for voting on the name of a dead man in the fifth district of the fourth ward. All except Kane were released on their own recognizance. In the second district of the third ward a gang of democratic roughs set upon a republican challenger just after the opening of the polls. He was rescued by a democratic friend. In several other districts there were fist fights. Three more men were arrested for at- tempting to vote illegally shortly before 12 o'clock. They were all allowed to give their own bail for their future appearance. ? ti-Maynard vote are Erie, Monroe, oo ‘Oneida, St. Lawrence, Westchester, Broome, Genesee, Schenectady, Dutchess, —— Cataraugus and Chau- uqua. The counties that will give a vote of fair Albany, Otsego, ' Delaware, Sullivan, en ‘Cayuga, Ontario, Wayne, Yates, Liv. ben, 4 'yoming, Niagara and Ww: Allegany. There is little anti-Maynard sentiment in Ulster, Sc! Greene, Chenango The outlook pag AQ 128 members, thus ne gal democratic he legislature. <oThe apportionment of the senatorial dis- districts, will give them eighty-five delegates to the convention. If the republicans should carry the other fifteen districts they would have seventy-five delegates. Neans carrying their entire state ticket containing the names of their fifteen can- didates for delegates-at-large will they be able to gain a majority in the convention. If they should elect these fifteen men they would have ninety delegates in the convention to the democratic party's eighty-five. The success or defeat of the democratic state ticket will determine the control of the constitutional convention, and everything indicates the success of the democratic state ticket. The judicial candidates alone seem to lag in today’s election. a Virginia. Special Dispatch to The Evening Star. RICHMOND, Va. Nov. 7.—The vot- ing in Virginia today is not attended by any abnormal excitement, and no disorder has been reported from any potnt in_the state. Low threatening clouds ob- (Continued on Second Page)