Evening Star Newspaper, November 10, 1893, Page 1

THE EVENING STAR ——__.—__ HED DAILY EXCEPT SUNDAY. pra baeae b= sobenamine ‘Tre Evewrne STAR is served to subscribers im the city By om their own account, at 10 ceats week, or 44c. Woath. Copies ‘at the coun- Ror a cents each. By mall aaywiece im the United States or prepaid—50 per SATURDAY OUINTUPLY Surerr Star $1.00 per year: “iButered’at the Feat Omice'at Washington, D.€., “yan wall ; mast be paid im ad- Rates of advertising made known 00 application Che £vening Star. Vor 83, No. 20,726. WASHINGTON, D. ©, FRIDAY. NOVEMBER 10, 1893—TWELVE PAGES. TWO CENTS. index to advertise- ments will be found on TRYING ONCE MORE To Overthrow the Ford’s Theater Disaster Indictments. ARGUMENTS BEFORE COURT OF APPEALS Mr. Davis Leads Off and Mr. Birney Answers Him. QUESTIONS AT ISSUE. ‘This morning the hearing of the appeal of Messrs. Ainsworth, Dant, Covert and Sasse, twice indicted for manslaughter in connection with the Ford's Theater disas- ter of June 9 last, from Judge McComas’ decision dismissing the defendants’ demur- rer to the indictments was commenced be- fore the Court of Appeals, Chief Justice Alvey and Justices Morris and Shepard. District Attorney Birney represented the government, Messrs. R. Ross Perry and H. E. Davis appearing on behalf of the de- fendants. Mr. Davis opened by explaining at length the previous proceedings in the case, stating that he would first discuss the third ground of the overruled demurrer, viz, that the in- dictment charged upon the defendants an illegal measure of care and diligence. The indictment, asserted Mr. Davis, could only be treated as an indictment at common jaw for manslaughter, by reason of death eceurring from the omission of a common law duty through common law negligence. Judge McComas had apparently thought little of the objection, for he stated that he would tell the jury that the defendants - could not be held responsible for an illegal measure of care. Chief Justice Alvey—“How are the de- fendants then prejudiced?” Mr. Davis—“Because we contend that the indictment fails to charge an offense, in that it alleges no duty on the part of the defendants. If 1 were indicted for playing marbles, the indictment would be quashed because playing marbles is not an offense. And the saime can be said of the present indictment, the defendants are charged with that. which is no offense. Technical Objections. It would undoubtedly be said by the gov- ment, continued Mr. Davis, that the ob- Jections to the indictment were merely technical ones, but for a thousand years man’s life and liberty had been protected by technical objections. Blackstone had proudly said that in England a man’s neck might come with an inch of the halter and yet be saved by technicalities, and today an Englishman was perfectly secure against public clamor through the right of techni- cal objections. Unfortunately, such was not always so in this courtry, and in the case of Jacob Sharpe two judges in New York who had the courage to see that he was not deprived of the rights guaranteed him by law were almost hounded out of ex- istence by the clamor of the public because they dared to do so; yet the court of ap- peals of the state had sustained the two judges. Proceeding to a discussion of the three remaining objections to the indictment, Mr. Davis contended that the allegation that the defendants “undertook the work” of making the repairs to the building in no way alleged any duty upon them, and the indictment entirely omitted to even state who the defendants, excepting Ainsworth, Were. At best the indictment was an al- ternative one, and the alternative was a multiple. It sought to charge that the de- tendants failed to shore or use some other feasible device for the protection of the buildirg: hence, in that respect, at least, it was, asserted Mr. Davis, the very worst indictment he had ever known. Where, said Mr. Davis, two or more per- sons were charged with the performance of an act, to the performance whereof one of them was adequate, each of them was only Mable for the consequences of his own omission to perform that act. If such a rule was not so, then it must follow that one or more were hable for the conse- quences of omission of the others. But such a proposition, urged Mr. Davis, was untenable, for no man is Hable for the omission or commission of another unless he is in some way the cause of that omis- sion or commission. The indictment utterly failed, therefore, to allege any legal act of omission or commission by the defendants or any one of them. The only defendant, stated Mr. Davis, who was described in the indict ment was Col. Ainsworth, but it was no- where set out that he had any duty in the matter which he omitted to perform. “Why, your honors,” exclaimed Mr. Davis, “the indictment might have, with equal impropriety, charged that the Secretary of Var, who is Col. Ainsworth’s superior of- ficer, or the Presijent, who is the Secre- tary’s superior officer, is responsible for the death charged against the four de- fendants.”* Mr. Datis spoke for two hours, and con- cluded by stating that he was confident that the court would reverse the decision ef Judge McComas. Mr. Birney Follows. He was followed by District Attorney Birney, who stated that the case was sin- gular in this,that it was in law almost un- precedented. The number of cases simi!ar to it could be counted upon one’s fingers. The case most similar to it was the Bud- densieck case in New York, and the indict- ment in the present case in many respects followed the Buddensieck case. If the con- tentions of the defendants were sustained, then the result would be that where more than one person was charged with the death of another, because of joint omis- sion of duty, then no one could be punish- ed. He did not believe that the court’s de- cision, which would undoubtedly become the leading authority among the English speaking people at least, would sustain such a contention. It was not true, as as- werted by the defendants’ counsel, that the authorities demanded that an exclusive duty upon the part of the defendants must be shown to sustain the indictment. The latest authorities authoritized the true, Specific duty. Comtribution Only. ‘The conclusion, said Mr. Birney, that the breach of duty need not be upon one ex- clusively is sustained by the settled doc- trine that it is enough if the conduct of the Prisoner contributed to the death, and if while persons are doing what is criminal another joins them before the crime is completed, he becomes guilty of the whole, because he contributed to the result. Negli- gence, in the present ease, could not be distributed, but all who were guilty of the negligence were equally guilty of the crime. It was no defense, aserted Mr. Bir- ney, that the death of the deceased was equally caused by the negligence of others. The indictment, in the case of United States Agent Collier et al., where seven were “fOintly indicted for causing y their criminal negligence, was similar to the one in the present case, ex- plained Mr. Birney. and in that case the in- dictment was sustained. A Case Cited. In support of his position, Mr. Birney read many authorities, the latest of which, he explained, was the English one of Re- gina agt. Salmon et al, ided in 1880. In that case three men pla a target in a tree, and while firing at it, one of the shots struck and killed a boy several hun- dred yards beyond. Which man fired the fatal shot was not determined, but all three were convicted, conviction sustain- el by the it being heid t death re f a the men, and that all were tabte, did an which, while not in itself unlaw- ful, was a dangerous one, the proper pre- sited fram th cautions not having been taken to prevent the fatal result. Objections Considered. Referring to the objection of the defend- ants that the indictment failed to charge @ definite duty upon them, and gave them no legal notice of their particular act of negligence, Mr. Birney stated that the wrecked building was minutely described in the indictment, and that it set out in detail facts from which a legal duty upon the defendants necessarily arose. It also in distinct terms, perfectly easy of ordinary comprehension, apprised them of the par- ticular act of negligence relied upon by the prosecution. Certain it was that under the indictment the defendants could intelli- gently prepare their defense, and might plead a judgment under it in bar of another prosecution. And that was all they had a right to demand. The offense of omission was necessarily general, for only acts of ccmmission could be specifically set out, and in charging that the defendants im- properly removed or caused to be removed the earth from beneath the pier which fell without first having secured the safety of the building appeared to the government to be more than sufficient to fully apprise the defendants of that which they stood charged. As to the third objection, that an illegal measure of care and diligence was charged in the indictment, Mr. Birney said the aver- ment of duty was not one in any way de- scriptive of the offense charged. If it went beyond the limit of duty required the excess of duty was surplusage, and not required to be proved. Therefore it did not vitiate the indictment. The law required the exercise of that degree of care and vigilance which the character of an impending danger de- manded, and a man’s duty was measured by such a standard. The indictment did not aver that unnecessary precautions should have been taken, but merely and only those things within their power which were neces- sary to be done to make the building. Mr. Birney concluded his argument by briefly referring to the contention of the de- fendants that the indictment was defective because it failed to allege that the defend- ants feloniously and improperly removed the earth from beneath the pier, insisting that even assuming the word “‘feloniously” to be essential anywhere in the indictment, its omission at the place mentioned in no mat- ter affected the sense, actual or artificial. Mr. Birney concluded a few minutes after o'clock, and the hearing was then ad- journed until tomorrow morning at 10, when Mr. Perry will be heard for an hour. pee E TS a cae ACTING SECRETARY. 2 Mr. W. E. Curtis Will Act Carlisle's A) For the next six months W. E. Curtis of New York, assistant secretary of the treas- ury, will be the acting secretary of the treasury whenever Secretary Carlisle is unable to act. He received his commission teday from the President. For the past six months Assistant Secretary Hamlin has acted as the head of the treasury during Mr. Carlisle's inability to act. It is the in- tention of Secretary Carlisie to distribute this honor alternately among his three as- sistants—Messrs. Hamlin, Curtis and Wike. Secretary Carlisle has begun the prepara- tion of his annual report to Congress, and from now until the report is completed he will deny himself to all callers on ordi- nary department business. This rule, it is said, will apply to Senators and Congress- men, as well as others. a THE MAIL SUBSIDIES. Report of the Workings of the Act of 1891. The last annual report of the foreign mails division deals largely with the work- ings of the steamship mail subsidy act of 1891. According to the figures of the report of the superintendent of the foreign mails, made public yesterday, “the contract serve- ice has made very little change in the dis- patch of mails, either in respect to the frequency of trips or the time occupied between terminal ports. “It has, however,” continues the report, “resulted in increased compensation to the conveying steamship companies.” This increased compensation to the steamship companies amounted last year to $406,927.28, and increases year by year. It was $77,- 103.8% for the five months of the previous year making a total cost up to June 30 last of $484,031.13 in excess of the regular postal rates. ‘The report cites as instances as follows: The steamship company carried mails on the route from New York to Tuxpan and New York to Havana, which, if paid for at the rate previously paid, the full sea and in- land postage, would have amounted to but $3,083.02, but under the subsidy act the com- pany got $1 per mile, outward trips, for carrying this mail, which brought to the company during the year $134,525, a net in- crease over former rates of $131,439.98. On the route from San Francisco to Hong Kong. operated by the Pacific Mail Steam- ship Company, mails were carried the reg- ular postage upon which would have amounted to $19,548.76. Under the subsidy act the company get $1 per mile, outward trips, and thereby received $95,523 for the carriage, being an excess over regular rates of $75,974.24. The contract for this route provides that after the first two years the | trips shall be doubled and the compensation | increased to $2 per mile, which will increase the subsidy from $95,523 to $382,092. On the route from San Francisco to Panama, operated by the Pacific Mail Steamship Company, the amount of full sea and inland postage upon the mails carried during the year aggregated but 34,650.15, but the subsidy gave the company $87,928.99, an excess of $83,278.84. The contract provides that after three years the subsidy shall be increased at a rate which will aggregate $214,968 per year instead of $87,928.99. On the route from New York to Colon, operated by the Pacific Mail Steamship Company, the regular postage rates on the mail carried during the year would have amounted to $35,529.30, but the subsidy ag- gregated $82,117. After two years the trips are to be increased, which will increase the subsidy to $103,168. The subsidy act will go into effect with the International Navigation Company on October 12,189, under a contract already awarded, and that company will then re- ceive a subsidy of $607,696 per year for the period of ten years for carrying the mails from New York to Southampton and 3%, $00 per year for the route from New Yo! to Antwerp. Detailed Statement. “At the commencement of the fiscal year, July 1, 1892, service was actually in opera- Uon, under contracts authorized by the act of March 3, 1391, upon four routes; from New York to La Guayra, from New York to Colon, from San Francisco to Panama and from San Francisco to Hong Kong, and @ contract had been executed for service from Galveston to La Guayra to commence on the Ist of May, 1893; but the date of its commencement has been twice postponed at the request of the contractor, and is at present fixed for the 15th of January, 1894. “On the Ist of November, 18%, coniract ser- vice was commenced on route New York to Tuxpan and intermediate ports, and route New York to Havana. On the Ist of De- cember similar service was commenced on route New York to Rio de Janeiro, and on the luth of December on route New York to Buenos Ayres; so that during the fiscal year contract service has been in operation on eight of the eleven routes mentioned in my last report as being actually under con- tract; the remaining three routes being Galveston to La Guayra, which has been postponed to commence on the 15th of Jan- uary, 180 heretofore stated, and routes from New York to Southampton and from New York to Antwerp, respectively, upon both of which routes service is to com- mence on the 12th of October, 18% “The service upon route New York to Rio | de Janeiro and Ayres ceased in the failure ute Janus of the ex New York to Buenos y last by reason of and the con- tracts have and the con- co to Panama | so that at the date of » contract service authorized March 1, is in actual op- routes. viz: New York to Colon, me, New York to | Tuxpan and New York to Havana. TROUBLE IS LIKELY. Honduras Will Have to Satisfy the Nicaraguan Republic AS WELL AS THE UNITED STATES. The Firing on the Pacific Mail Steamship MAY BRING SERIOUS RESULTS. The U. 8. S. Alliance arrived at La Liber- tad, Salvador, yesterday. A dispatch re- ceived at the Navy Department a few days ago announced that the United States minister was aboard. It is presumed that this referred to Minister Young, and it is assumed that he has met Minister Baker and that they are consulting respecting the firing on the Pacific mail steamer Costa | Ri@a, Although Minister Baker was on board the vessel at the time he would prob- ably be precluded from making a formal Protest, as Mr. Young is the accredited minister from the United States to Hon- duras, whose officials directed the fire upon the Costa Rica.in the Hondurian port of Amapala. If the question as to whether theguns were fired directly at the steam ship or simply across her bows to cause her to stop in her flight is settled in favor of the first proposition, there is reason to believe that the incident may take a more serious turn than was at first anticipated. Am Additional Complicatio: In addition to the complaint and request for a satisfactory explanation that will doubtless be lodged by the United States government, there is reason to believe that the Honduras officials may have involved their country in a difficulty with a neigh- boring Central American republic that will Prove to be more difficult of adjustment than our own complaint. Advices received in Washington from the south state that while Bonilla, who was the special object of the attack upon the steamer, was a native of Honduras, he is now an adopted citizen of the republic of Nicaragua. About three months ago he was élected a member of the constituent assem- bly of Nicaragua, the highest congress known to the country, and a body charged with a revision of the constitution of the country. The members of this assembly are known as “inviolables,” and their per- sonal safety is guaranteed by the nation. At the time of the incident, Bonilla was on his way from Nicaragua to Guatemala. It is stated that in his desire to obtain posses- sion of the person of his ancient enemy Bonilla, President Vasquez of Honduras ordered the officers of the fort to “take Bonilla out of the ship, and if the captain refuses to surrender him, fire on the ship.” Dr. Guzman,the minister from Nica>agua, was at the State Department today to con- sult with Secretary Gresham in regard to the case of Bonilla. 2 PRESIDENTIAL APPOINTMENTS. Most of Them Are New—The California Debris Commitesion, The Presidnet made the following ap- pointments today: To be registers of land offices—Frank M. Hopkins of Roscoe, 8. D., at Aberdeen, S. D.; Frank W. Walls of Phoenix, Ariz. at Tucson, Ariz.; John C. Slack of Folsora, N. M., at Clayton, N. M. To be receivers of public moneys—Frank M. Broome of Alliance, Neb., at Alliance, Neb.; Joseph S. Halland of Clapham, N. M., at Clayton, N. M.” Charles D. Rogers of Sitka, Alaska, to be clerk of the district court for the district of Alaska. These are all new appointments. The President has also commissioned Col. Mendell, Lieut. Col. Benyaurd and Major Heuer of the army engineer corps as mem- bers of the Califronia debris commission. Their nominations were not acted on by the Se ——+_ 2+ —_____. EXECUTIVE CLEMENCY. Two Pardons Granted id Several Ap- plications Denied. The President has granted a pardon to Clarence H. Harris, formerly cashier of the Commercial National Bank of Dubuque, Iowa, convicted April 18, 1893, of violat- ing United States banking laws, and sen- tence suspended. In pardoning Harris the President says:“I do not tntend to interfere as a rule with convictions upon which no sentence has been pronounced. If judges and district attorneys think persons in- dicted ought not to be punished, the in- dictment had better be abandoned by them instead of bringing about a conviction, im- mediately following it with a request for pardon. In this case, however, the request for clemency both from the judicial and prosecuting officers concerned in the case and from prominent citizens are so strong and persuasive that I yield to them.” The President also pardoned Josiah F. Gibbs, convicted in Utah of adultery, in order to restcre his citizenship. Applications for clemency were denied in the following cases: Frederick Miller and Anthony W. Patrick of New York, assault on the high seas; Sakris Silvola of Michi- gan, violation of postal laws; Marion Gam- ble of Montana, robbing the mails, and Dennis P. F. Shea, convicted of embez- zling letters from the Boston post office. In acting on this last case the President says: “I cannot see in the papers before me sufficient reason to grant this pardon, as against the usefulness of teaching the lesson that those who criminally abuse their trust in official place and rob the government cannot expect executive clem- ency.” oe CABINET MEETING. Hawaii and Brasil Believed to Have Been Considered. A regular meeting of the cabinet was held at the White House this afternoon. All the members were present except Sec- retary Smith, who is not in the city. The President reached the White House from his country home about 10 o'clock, and had |an hour to himself before the assembling jof the cabinet. Senator Voorhees was among the number of callers at the Exec- |utive Mansion, but the President excused himself to them all, and they transacted their business with Mr. Thurber. The cabinet had a protracted session, running late in the afternoon. It is pre- sumed that the Hawaiian and Brazilian questions engaged the principal share of attention, although Secretaries Lamont |and Carlisle may have made some remarks |as to what they saw and heard in New | York last Tuesday. It was currently re- | ported today that Secretary Gresham has instructed Minister Thompson at Rio that the President does not recognize Mello as a belligerent, and consequently vill have |no dealings with him in the present state | of affairs. + e+. Kentucky Indian Agent. William H. Able of Louisville, Ky., has been appointed a special Indian agent. —————_-2-+__. To Investigate the Collision. Steamboat Inspectors Cooper and Yhite will commence an !nvesiigation into the recent collision, on the Potomac between the steamers Harry Randall and Matiano on |the 16th instant, at the Maltby House in | this city. INTEREST IN THE TARIFF. Members of Oongress Anxious About the Bill Being Prepared. Personal Interests Beginning to Crop Out—The Subcommittee Going Ahend—An Income Tax. Members of Congress are beginning to show their interest in the tariff bill, which is being prepared, and the ways and means committee are in a fair way to have a live- ly time of it until their bill is shaped up and their action made final. A good many Congressmen with interests are hanging around to get a word in, and most of them want a very conservative bill, as far as it affects their people. The personal interest element is beginning to appear. There are men who want to say something about. sugar duty, some who have a few remarks to make concerning the proposed increase of the internal revenue taxes, and others who are anxious abput coal and iron, and lumber and glass, and the California folks have a scare on about their wines and fruits. Today some of the members of the com- mittee listened to an abstract argument by Mr. Hall of Missouri in favor of an income tax. Going Ahead on Original Lines. Meanwhile the subcommittee having in charge the formation of the general fea- tures of the bill, which will be submitted to the democrats of the committee and if approved by them presented to the whole committee and reported, are going ahead on the lines laid out by them at the begin- ning of their work. The bill which they are preparing is in pretty strict accordance with the platform of their party, so much s0 that some of the democrats of the House, who are not strict constructionists of party Platforms, are showing alarm. It is un- certain what will become of the bill when it is reported to the whole committee, as there are one or two of the democratic members who may insist on a more mod- erate measure. Though the bill being pre- pared is known to be quite radical, the pre- diction ts being freely made by democrats that the bill which goes through the House will make a very moderate red along the iine. = eacen An Income Tax. The democrats of the ways and means committee are still uncertain about the Proposition to provide for an income tax. ‘They intend to levy a tax of that character for revenue, but there are wide differences of opinion in the committee as to the shape it shall take. They have canvassed the question of a direct income tax on incomes above $2,500 a year and also an inheritance tax, and now they are talking about a tax on corporations rather than either of the others. They have reached no decision a: between these three, but the probabilities are that they will decide upon an incorpora- tion tax, fixing a small rate per thousand on the capital stock of a corporation. The in- crease of the beer tax and the addition of ten cents on the gallon on the whisky tax is practically agreed on, though there has been no formal action, the general senti- ment of the committee being in favor of it. SENATO! ——-@-—______ SHERMAN’S VIEWS. It Was Fear of Tariff Changes That Caused the Result in Ohio. Senator John Sherman has returned from the Chio campaign. When a Star re- porter said something to him today about a “majority” there was the suspicion of a twinkle in the eye and the statesman smiled grimly as he replied. ‘Yes, the majority exceeded the anticipations of every one.” Then, in answep to a query as to the cause of the result, he pro- ceeded: “It was caused partly by the long inactivity of Congress, but it was chiefly owing to the experience of the unemployed workingmen in their enforced lack of work growing out of a fear of a change in the tariff laws. Many men were thrown out of employment in Ohio, which was al- most in the center of discontent and agi- tation, and this had the greatest influence upon the result. “While the largest republican gains were made in manufacturing centers there were gains in every other part of the state, in every county and it might almost be said in every township. This was notably the case in the northwestern portion of the state. In the little city in which I liv Mansfield, which has 15,000 or 20,000 inhab! tants, the change in favor of the republi- cans was fully 500 and in the county more than 1,000, “The meetings that preeeded the election were numerous and ii attended, I visited Springfield, Cincinatti, Toledo and Columbus just before election. In all of these cities the gains were very large, but not greater than what occurred in smaller counties and townships.” OUR HAWAIIAN POLICY. The Administration, It is issue a Statemen' It is believed that the policy of the ad- ministration with regard to Hawaii will be made public in a short time through the issue of a statement by the Secretary of State, embodying the instructions under which Minister Willis will act upon his ar- rival in Honolulu. It is proposed in this way, so it ts said, to anticipate the news first reaching the American public through Hawaiian sources. Meanwhile the impres- sion is strong that the administration has decided on a policy of non-interference and to allow the people of Hawaii to determine for themselves the form of their perma- nent government, without ald or encourage- ment from the United States or any other country. If the provisional government is suffi- ciently entrenched to be sustained, it will continue in power, but if, on the contrary, the popular expression shall be in favor of a return to the old regime, the queen will again take her place on the throne. A late dispatch from Honolulu says: The royalists still assert that advices from Washington indicate the réstoration of the ex-queen. The provisional government par- ty is just as confident that things are shap- ing in its favor. Chief Justice Ide and Land Commissioner Chambers, bound for Samoa, said, while at Honolulu, that Cleveland would send a treaty to the Senate in December establish- ing a protectorate, and would recommend to the provisional tion to settle the form of permanent go ernment; the voters to have $1,000 income qualification. Cleveland's specific policy, they say, is not to let go of Samoa or Hawaii. MELLO NOT RECOGNIZED. id, Will The President Has Denied His Request to That Effect. The President has declined requests from Meilo to the United States to be accorded belligerent rights. State Department of- ficials say that the last occasion on which such a request was made was by cable ten days ago, and the United States made the same reply, through Minister Thonrgpson, then that it had made previously, d ing to accede to the request. $< Army Orders. ‘The following assignments to regiments of officers recently promoted are ordered: First Lieut. Edgar Russel, to the fifth artillery, battery I. Capt. George F. Cooke, to the fifteenth infantry, company I. First Lieut. Marcus Maxwell, to the fif- teenth infantry, company K, Additional Second Lieut. S. J. Ltayard Schindel, third artillery, is assigned to a vacancy of second lieutenant in the ¢hird artillery, battery K. HIS ANSWER FILED. Commissioner of Pensions Lochren Replies to Judge Long’s Petition. RIGHT 70 SUSPEND PENSIONS CLAIMED. The Jurisdiction of the Court in the Case Denied. HISTORY OFTHE CLAIM. The answer of Pension Commissioner Lochren to the petition of Judge Charles D. Long of the Michigan supreme court in the Supreme Court of the District of Columbia for a writ of mandamus tu compel the res- toration of his name to the pension rolls was filed this morning. The answer admits Judge Long’s state ment of the seriousness of his injuries; that the wound in his left hip, received April 16, 1962, is still open; that from the position of the wound and his having lost his left arm, he cannot readily reach it with his right hand, so that it is necessary to have the regular daily assistance and attendance of another person to dress the wound, ex- cept when he is away from home, when, with considerable difficulty, he can dress it himself. The answer also admits that Judge Long’s pension was obtained without fraud on his part. It admits that the com- missioner of pensions has ordered the sus- pension of payment of the pension and no- tifled Judge Long to appear before the board of examining surgeons at Detroit for medical examination. This notice was first sent July 28, 1893, and repeated August 28. Claims the Right of Suspension. The commissioner claims in his answer that his proceedings in allowing and reject- ing claims for pensions, in increasing and reducing pensions, revoking pensions for Cause and suspending them pending investi- gation are and always have been actually and lawfully exercised by authority of the Secretary of the Interior. He shows that the jurisdiction now ex- ercised by him under the direction of the Secretary of the Interior was prior to the establishment of the Department of er Interior exercised under the direction © the Secretary of War; and originally, be- fore the establishment of the office of com- missioner of pensions, exercised by the Secretary of War under the direction of the President. He shows that the practice of suspending pensions pending investiga- tion dates from the year 1803. In 1819, the practice having become common and famil- far, was the subject of correspondence be- tween John Calhoun, Secretary of War, and Henry Clay, Speaker of the House cf Representatives. No criticism was made upon the course of the Secretary by Con- gress, and the practice has ever since been regular and continuous to revoke, modify or decrease pensions for fraud, error and irregularity, and, incidentally, to suspend payment pending investigation. The legal- ity of the practice has never been ques- tioned, so far as can be learned, until the commencement of the present proceedings, In 18% almost all pensions in Philadelphia and the surrounding counties of Pennsyl-_ vania and New Jersey were suspended by’ direction of Zachariah Chandler, then Sec- retary of the Interior, on account of ir- Tegularities committed by the claim agents in that city. Soon after, on December 9, 187%, a standing order was adopted by the commissioner of pensions, which appears in the official digest of pension laws, and is still in force. It requires sixty days’ no- tice before a pensioner can be dropped trom the rolls or his pension reduced, but requires no notice of suspending payment. Denies the Court’s Jurisdicti The commissioner claims that this prac- tice has constituted and does constitute a departmental construction of the pension legislation of the United States, which is also its true construction; that the con- struction given by him is reviewable only by the Secretary of the Interior, and not by the courts; that his discretion cannot be restrained or controlled by the Supreme Court of the District of Columbia or by any other court; that relator’s only reme- dy is by appeal to the Secretary of the Interior; that the issuance of a pension cer- titicate is not a conclusive adjudication, but is subject to review by the commission- er for error of law as well as of fact, or upon any suggestion of change in the phy- sical condition of the pensioner; that to make upon each application for a pension the investigation incident to a conclusive adjudication, as in an action at law, would retard the granting of pensions so as to be an unnecessary hardship upon appli- cants, and to defeat the objects of the pen- sion acts; and that, from the necessities of the case, such investigation must be exec- utive and not judicial in nature, compara- tively hasty in character, and therefore subject to review whenever a probability of error or fraud appears. And he claims that Judge Long has himself conceded the right to review the proceedings of previous commissioners by invoking that right in his own favor. History of Judge Long’s Applications. The answer sets forth at length the his- tory of Judge Long's applications for pen- sions, and copies of his various applica- tions and proceedings thereon are annexed. Judge Long obtained his pension in 1963 at $8 a month and afterward obtained suc- cessive increases under various acts 1866 to $15, 1872 to $18, 1874 to $24, and $30. In 1881 he made an unsuccessful ap- plication for an increase. In 1884 he made his first application for increase of = sion on the und that he re- quired the aid and attendance of another person. Although this had been the case wince 1862, his application stated that he had not previously brought it to the at- tention of the pension office, use he did not understand himself to be entitled to an increase unless he “could not get around without assistance.” His applica- tion proceeds: “As I now understand the act, if I can show that I need assistance in dressing the wound and taking care of that, then my claim will be made out. This I can show conclusively. My wife and others, from the time of my marriage 1863, have assisted me daily, and in fact, I must have daily assistance to take care of it.” The application was referred by Commissioner W. W. Dudley to the board of examining surgeons, who reported against Judge Long. Their opinion was confirmed by the medical referee of the pension office, who was, however, over- ruled by Commissioner Dudley and Judge Long’s pension was accordingly increased to $0 a month to date from March 21, 1884. The judge protested in writing against this restriction as to date, claiming that the increase should have dated from 1874, The Rerating by Mr. Tanner. He made no further application, however, till May 6, 1889, when he applied to Com- missioner James Tanner for a re-rating. On the same day the new commissioner rendered a written opinion on the case, saying: “It appears that the additional disability for which he was increased to $50 was not only claimed for in his original declaration, but that at the date of the pas- sage of the act of June 16, 1880, although not adjudicated, it is shown by the action of the office to have entitled him to the $60 per month at that date.” These recitals Commissioner Lochren claims to have been entirely erroneous tn fact, relator and him- self having admitted that he never brought the facts to the attention of the pension office before March 13, 1884. In accordance with the opinion, however, the application was approved and his pension increased to $72 a month, and he was allowed arrears of pension so as to increase what he had received to $0 a month from June 4, 1874, to June 17, 1878, and to $72 from June 17, 1878, to May @ 1889, by a new certificate is- sued on that day, this certificate contain- ing the deféctive recital that it was “issued in lieu of certificate dated August 16, 1884, to change date of commencement of in- crease.” Judge Long was still not satisfied and made another application on June 12, 1883, asking for further arrears omitted by inadvertence on his part and that of the pension office. He accordingly obtained a further rehearing and a new reissue, giv- ing him arrears so as to increase what he had received to $5 a month from June 4% 1866, to June 4, 1872, and to $31.25 from June 4, 1872, to June 4, 1874. Hix Duty to investigate the Case. Commissioner Lochren claims that it is his duty to investigate the case; that he has grave doubts of the propriety of the pen- sion; that he cannot compel relator to sub mit to a medical examinauon, except vy suspending payment of his pension; and that if the power to suspend “were not ex- ercised in gross cases of prima facie error or fraud, the United States would be put to great and irretrievable pecuniary loss, as not only are the parties receiving pensions usually insolvent, but pension moneys un- lawfully paid are not in any case, as your respondent is advised and believes, recover- able by the government.” The Commis- sioner states that he gives quick attention to all rehearings, and that suspensions are ordered only in cases like the present, where the pensions now being paid appear to be grossly illegal, of which cases the pension rolls contain many instances. Not Total Helplessness. The commissioner further states that Judge Long’s pension of $72 a month is claimed under ftatutes of June 18, 1874, and June 16, 188, on the ground that he is so permanently and totally disabled as to re- quire the regular personal aid and attend- ance of another person by an injury result- ing in total and permanent helplessness; and the present commissioner is informed that the petitioner has been, since January 1, 1888, a justice of the supreme court of the state of Michigan, earning a large salary from that state, and not prevented by his physical injury from forming a large amount of judicial w with great ability and success; and the commissioner, there- fore, claims that the injuries do not amount to such disablement and helplessness as re- quired by the statute, and that the pension certificates issued to the petitioner on Au- gust 16, 1884, May 6, 1889, and August 16, 1889, were irregular and illegal. No Necessity of Legal Proceedings. Commissioner Lochren also claims that there was no necessity of proceedings at law, since relator received his notice on September 1, 1893, three days before the quarterly installment of his pension was payable, but has failed to appear before the examining board at Detroit, although he was in that county In the month of Septem- ber, as appears by the verification of his petition; and that if he had complied with the notice and suomitted to the examina- tion his case would have been decided be- fore commencement of this proceeding. |The commissioner also claims that a man- damus fs not a proper remedy in such a case. The answer is dated and sworn to No- vember 9, 189, and signed by William Lochren, commissioner of pensions, and by Assistant Attorney General Edward B. Whitney, as attorney and counsel. SMUGGLING OPERATIONS in his report to the Secretary of the ury, speaks at length and with much of smuggling operations jumbia and Canada and makes a number of tariff suggestions. He refers ‘excellent work accomplished by the assigned to investigate frauds at Port- land, Oreg., and on Puget Sound, Wash., in the illegal landing of Chinese laborers and the smuggling of opium. This investi- gation resulted in the seizure of a steam- ship and the indictment for conspiracy and smuggling of sixteen persons, eight of whom were officers or ex-officers of the customs, including one collector of cus- toms and a special agent of the treasury.” Although the smuggling of opium and the clandestine introduction of Chinese has long been prevalent in the region of Puget Sound, he says this is the first in- stance known where a steamship company has apparently had for its chief and most profitable business an illegal trade. Need of Impreved Revenue Onutter Service. Mr. Tingle adds: “The developments in this case strongly emphasize the need of an improved revenue cutter service on the Pacific coast, and especially on Puget Sound. The sea ports of British Columbia thrive upon profits gained by violations of our laws. Our feeble efforts Yo enforce these laws are laughed at and our customs officers, unable on account of their infer- jority in numbers and want of suitable vessels to enforce the law, have too fre- quently yielded to the corrupt influences of the smugglers and have thus brought shame and contempt upon the public service. “Many seizures of clothing smuggled from Canada have been made by special officers detailed to uty upon the frontier. Certain Canadian tailors send agents to the United | States to canvass for business in our cities |and agree to deliver custom-mhde clothing by express free of duty. The packages con- taining such clothing are smuggled across the boundary line and shipped from some |convenient express office to destination. Sleeping car porters, conductors and bag- gage men have been employed in this work, and it was discovered in a recent investiga- tion that mail bags were used to conceal valuable furs shipped by a large dealer in Quebec, who has for yeers sold his goods teresa oan age to be delivered the manner described.” —— He renews his recommendation for award to custom officers _ glea of smug: : Tarif’ Suggestions. On the tariff question Supervising Agent Tingle says: “As legislation by the present Congress upon the tariff appears to be quite cer- tain I beg leave to suggest the elimination from the Provisions wherein the imposition or non-imposition of duties {depends upon certain conditions, making | the same article dutiable under one state \of facts and non-dutiable under another. Such provisions in the tarifr cause much trouble in administratio: mand aff ad | Venient opportunity for fraud, Es For instance, fish caught in fresh with nets or other dovites - zens of the are free provision is applicable to fish caught in as waters of the great lakes and the jurisdiction of the Dominion ‘of Canaan, By Canadian law, however, a license is re. quired to fish in such waters, and no license can be granted to a person not a citizen of Canada. This would seem to exclude citi- zens of the United States, and render para. graph 571 nugatory so far as it refers to fresh fish caught in nets owned by Amer- ican citizens. And yet fish are constantly imported and entered free of duty under said provision. It is claimed by t impor- ters that they really own the nets that are used in taking the fish, and that it is the Canadian law, not ours, that is evaded. “Another instance is found in paragraph | 498 of the existing tariff, which provides for | the free entry of bags of American manu- | facture when exported filled with American products. Under this provision large quan- tities of bags have been admitted to free entry in excess of the product of the Amer- ican bag factories. It has been ascertained that persons in Live>pool, and perhaps in other European ports, have done a profit- able business by gathering up second-hand bags made in all parts of the world and shipping them to the United States as bags of American origin.” ——— CUBA'S REVOLT. Confirmatory Reports of an Insur- rection on the Island. ABOUT THE FRENCH SOCIALISTS. Chickasaws Object to Disturbing Tribal Relations. OTHER TELEGRAPHIC NEWS, CUBA’S REVOLT. Confirmatory Reports of an Insurrec- tion on the Island. NEW YORK, Nov. 10.—A special to the Herald from Key West, Fla, says: News brought by steamer from Havana last night has cheered the hearts of the Cuban revolu- tionists here, who declare that their cause has received a fresh impetus. The present movement in Cuba is evi- dently an outgrowth of plans hatched by the leaders here, who have been since the last five years endeavoring to incite another insurrection. One of the emissaries recently sent to Cuba returned last night. He reports that an uprising took place on Saturday night in the jurisdiction of Cienfuegos, of Sarta Clara. About twenty-five men under the ieadership of Gen. Esquierre, raised the cry “Cuba Libre!” near the town of Las engage- Where they had an ment with the civil guards. guard house, capturing more than 100 Stands of arms. They then horses ‘and proceeded to the town of be- ae ‘oul little importance to the uprising show that the ramen | ~¥ active crys to suppress it concentrating their gon that locality. mm was seriously interrupted by the insurgents cutting all telegraph and — hone wires, but has been restored. avoid capture. It is evident that the present will have an ending similar to that of spring. —___—_ BROODING LED TO SUICIDE. A St. Louis Woman Who Thought ‘That She Had Unpardenably ST. LOUIS, Mo., Nov. 10.—When Uttle nine-year-old Emily Clopton, daughter leading | one of St. Louls’ room. The mother’s throat FORT WAYNE, Ind., Nov. 10.—The west- bound limited express on the Pennsylvania railroad ran into an open switch in the yards east of this city this running at the rate of forty miles No passengers were hurt, though not fatall Craig, who huried the eye. LUCK oF STEAM WHALERS. It Has Been Phenomenal, but the Sailors Fared Poorly. SAN FRANCISCO, Nov. 10—The Belvi- dere, the first of the steam whalers to ar- rive, reached port from the Arctic yester- day and reports a catch of seventeen whales, The phenomenal catch of all the steamers has a tendency to drive the mar- ket price of bone down to a low figure, but nevertheless the officers and crews on all the steamers will realize a good round sum for their year’s stay in the Arctic. a catch of the sailing vessels has not the means of affording much encourage- ment to the owners to try their luck again next year. The Belvidere nearly all the crew of the Bear when spoken were sick with the grip. _—_—_— FRENCH SOCIALISTS. vf They Will Make a Demonstration on the Opening of the Chamber of Dep- uties. PARIS, Nov. 10—The socialists of this city have decided to make a demonstration on the occasion of the opening of the chamber of deputies on November 14 It is their intention to march in procession to the chamber. The socialist members of the chamber will take part in the procession. It Is understood that the government will not oppose the demonstration, but it will not allow the carrying of any flags save the tri-color. Those who take part in the parade will be forbidden to make any noise, such as shouting for socialism. Nor will the procession be allowed to approach mearer the chamber than the Place Da La Concorde, which is across the Seine from the chamber. The Gaulois asserts that the govern- ment is willing to grant amnesiy to the political exiles, including M. Roche- fort and Count Dillion, leaders ip the Bou- langist movement. —_—_ SENTIMENTS OF THE CHICKASAWS. Propositions to Disturb Tribal Rela- th Will Not Be Entertained. DENISON, Tex., Nov. 10.—The convention called at Tishomingo, the capital of the Chickasaw nation, by Gov. Wolf, has ad journed. There was a large attendance There was only one sentiment expressed, to wit: That no proposition from the gov- ernment at Washington looking to the dir- turbance of tribal relations would be en- tertained; that statehood will never receive encouragement from the five civilized tribes that ft is non-citizens and land grabbers who are clamoring for the opening of the territory. The de facto Indians are ali opposed to a change. — Government Receip Today. The receipts from internal revenue today were $514,337; from customs, 943,204.