Evening Star Newspaper, December 12, 1893, Page 1

THE EVENING STAR cones PUBLISHED DAILY EXCEPT SUNDAY. aT THE ——__>_——_ re ceca, Szram, Is served to subseribere in the city by carriers, on their own acc con’ week. of $42. per month Copies af the counter By mail—anywhere in the United ‘postars prepaid—50 cents per SATORDAY QUINTUPLE SHEET STaR 1.00 per year; with foreicn postage added, $3.00. . wal (Entered at the Post Office at Washington, D. C. . as second-class mail matter. ) $#7Ail mail subscriptions must be paid in advance, Rates of alvertisine made known on application. Che Zp ening Star. WASHINGTO - TUESDAY, DECEMBER 12, 1893—TWELVE PAGES TWO CE An index to aévertise- ments will be found on IN HIS OWN BEHALF. Lieut. Davenport Goes on the Stand and Testifies. ASSERTS THAT HIS STATEMENT IS Sharply Questioned on Various Points by the Judge Advocate, TRUE. TESTIMONY BY CABLE. The court of inquiry into the Davenport case was continued this morning in the court-martial room at the navy yard. More than an hour was consumed in reading over the testimony taken at the morning and afternoon sessions yesterday. The first witness at the afternoon session was Lieut. Purcell, who was recalled and questioned by the judge advocate. A por- tion of the statement which Lieut. Daven- port submitted to the Secretary of the Navy was read over to him and he took exception to a number of the particulars mentioned in this statement. He did not Femember to have seen Mr. Davenport as- sisting upon the rope which was run ashore, though the witness thought that if the ap- plicant had worked upon it as he claimed he would have remembered it. Other mat- ters of this sort referred to by Lieut. Dav- enport either had not occurred, Lieut. Pur- cell testified, or else they had escaped his recollection. Others Note Inaccuracies. Lieut. Shearman was also recalled and Portions of the same statement, referring to events immediately following the beaching of the Nipsic, were read over to him. He noted several discrepancies and inaccura- cles in the statement. Then Lieut. Shear- man, as Lieut. Purcell also had done, went over in chronological order the events of the beaching as they occurred. Ensign Jones was recalled and asked who threw the line from the ship to the shore. A similar method of procedure was followed with him as with the others in going over the sequence of events in connection with the disaster. Lieut. Davenport, the applican case, was then placed upon the stand ber testified as to the correctness of certain minor entries in the log book of the Nipsic. Davenport in His Own Be This morning Lieut. Davenport was plac- ed upon the stand in his own behalf. He testified that within a week after the ship Sot afloat he heard that animadversions as to his conduct were being spread about and within a half hour he wrote out a request for a court of inquiry. The admiral de- nied the request, as he said he had not the officers to spare for that Purpose, and fur- thermore he had no fault to find with the applicant's conduct. At the request of his counsel, Lieut. Davenport read extracts from the Army and Navy Register and the New York Worid, printed in the summer of 1889, casting discredit upon his conduct and stating that he had stripped and swam gshore as.soon as the ship was beached. Lieut. Davenport told of the efforts he had made to have the rumors about himself de- nied in the public press. He had endeavor- ed to have the department refute the charges, but he was told that there was no fault to be found with his conduct and that the trouble was one between himself and the Associated Press correspondent. He asked for a court of inquiry, but Acting Secretary Soley said that they could not take cognizance of mere newspaper charges. Lieut. Davenport testified that the state- ment recently made to the department was correct and contained all the maiters first made to the department that were relevant to the present case. The Beaching of the Ship. With reference to the beaching of the ship the applicant testified that when he went to bed he was attired only in his paja- mas and that when later he was called on deck he simply donned his slippers and service coat. He conversed with the cap- taim about beaching the ship. He did not lower himself into the water until twenty- five minutes after the ship was beached and this was some time after the hawser was sent in. He had doffed his clothing before leaping into the water. It took him only a few minutes to reach the shore and within twenty minutes of that time all the men from the Nipsic were ashore. Did Not Hear Lieut. Purcell’s Remarks Lieut. Davenport testified that he did not hear Lieut. Purceli make the statement in the ward room mess that if such charges were being tossed around about him as ‘were made about the applicant he, Pur- cell, would demand a court and would have it, too. If other officers who were present Stated that they had heard such a remark he would not say that they had sworn to bao: = gree but simply that he did ear it. le thought that if the Ti Was made so loud that others could moet he would have heard it too, for he was only oo from Lieut. Purcell at the mess Lieut. Davenport was ques: length by Lieut. Rametaksars tee fee vocate of the court, as to the time of his divesting himself of ‘his clothing and his rea- sons for so doing. He removed his clothing [neem gt eal hye a Page ane blowing, Ing over the Ro idea how they would ever ry peters He did not think a boat could ever live in the water and was simply prepared for any emergency. He did not leave the ship until after communication had been established with the shore by means of a rope. Did Not See Anyone Else Naked. Witness did not see any one else in a Similar condition, and did not think that his being naked was setting a baad exampie to the crew and one that would be likely to incite them to panic. He was asked by the Judge advocate if it was not customary in such cases for the officers, and especially ‘the senior line officers, to stand by the ship until all the crew were safe ashore. Lieut. Davenport stated that he did know this, and that when the gig was lowered some of the men suggested that he go ashore in it, but that he declined. Questioned by Lieut. Laucheimer, Lieut. Davenport said that when he did lower himself into the water he knew that the officers and men had not all gone ashore. had injured his foot, but this was not sufficient to prevent him from swimming well and from working on the beach after- ward. When he decided to swim ashore he Was on the poop and the other officers were forward, where he thought at the time it| ‘Would be impossibie to join them. He was | of the opinicn that as he was the navigat- | ing officer he had performed his duty when | he had successfully passed the reef, and that there was nothing left for him to do on board. A Hypothetical Question. Ldeut. Lauchetmer propounded him a hy- Dothetical question at this point. “As you were the third in line, might not something have happened to the captain and the ex-| ecutive officer that would have incapact-| tated them and left the command with you?” | The applicant admitted that such a thing might have happened, but that it did not happen, and that inasmuch as he had just seen his two superior officers well and in | safe positions, he was of the opinion that there was no chance of his being called upon for active duty. | “Do you not now think that you left the | ship rather prematurely?” asked the judge | advocate. “Under the circumstances that I did,” answe: At this point the noon recess. A Question by Cable. Ensign White, who toek part in the| t i do not think | he applicant. court took its usual | refund to the pensioner: events of the Samoan hurricane, was want- ed by the applicant as a witness, but un- fortunately he is on board the Charleston in the harbor of Rio. He could not very well be brought up in time to testify, so this morning he was queried by cablegram to Capt. Picking, the senior United States naval officer at Rio. The question that the applicant's counsel desired to ask was sub- mitted to the Navy Department and for- warded by Commodore Ramsay, chief of the bureau of navigation. it read as fol- lows: Picking, Rio de Janeiro: Require Ensign White to answer, under cath the following question: Do you know whether Lieut. Davenport reached the beach before or after the hawser from the Nipsic was sent ashore during the Samoan hurricane? Cable answer. RAMSAY. ———————-e- —____. MOVEMENT FOR A CAUCUS. Democrats Want to Harmonize Co: flicting Interests in the Tariff Bil The movement for a caucus of the demo- cratic members of the House on the tariff bill is gradually taking shape. Several pa- pers are in circulation and the aggregate of signatures is upward of 50. The text of the call which is addressed to Mr. Holman, the chairman of the caucus committee, is as follows: “We, the undersigned, being impressed that it is important that the democratic members of the House should consider the tariff bill in caucus before it is submitted to the House, respectfully request that you will call a caucus of the House to meet in the House of Representatives on a date to be determined upon.” If the bill is reported to the House to- morrow an endeavor will be made to hold the caucus Thursday night. If the report- ing of the bill be delayed the date of the caucus may be postponed until some time next week. While the purpose of the cau- cus will be to harmonize the conflicting in- terests involved in the bill, the time will be principally consumed in discussing the proposition to restore the duty, in part, coal and iron ore. van effort will also be made to amend the bill so as to place a duty of from one-half to three-quarters of a cent on raw sugar and abolish the bounty from the date of the passage of the bill. —————_+2.+—______ SATISFACTORY REAPPOINTMENT. Commodore Ramsay Again Placed at the Head of the Navigation Bureau. The reappointment of Commodore Francis M. Ramsay as chief of the bureau of nav gation meets with general favor in official circles. He succeeded Commodore Walker in that office and on the 16th instant will have completed his four years’ term of ser- vice. He is reappointed for a term of four years, but will be precluded from complet- ing it, for the reason that he will be retired on account of age April 5, 1897, nearly nine months before the end of his term. He will reach the grade of rear admiral in April next by the retirement of Admiral Benham, now in command of the North Atlantic station. Inasmuch as it is rather unusual to assign an admiral to duty as chief of a naval bureau, it is regarded as likely that Commodore Ramsay will retain his present oftice only up to the time of his promotion, when the enforced detachment of Admiral Benham from command of the home squad- ron will leave vacant an assignment more in consonance with Commodore Ramsay's advanced rank. He is known to desire an- other “sea tour’ before his retirement, and there is no doubt that he will be accommo- dated in the way suggested early in the spring. His successor as chief of the navi- gation bureau will most probably be Capt. Robley D. Evans, now naval secretary of the light house board. a COMMODORE STANTON. It is Said He Acknowledges His Salute an Error. There is a strong impression in naval circles that Commodore Stanton, in his report to the Secretary of the Navy in re- gard to his official conduct at the harbor of Rio de Janeiro, makes the manly ac- knowledgment that the salute to the insur- gent admiral was an error of judgment on his part, resulting in part from the fact that the government and the revolutionists each used the national flag of Brazil. Com- modore Stanton, it is said, denies any inten- tion of exceeding his authority or a desire of doing anything to embarrass the ad- ministration in its policy of strict neutral- ity. It is probable that his report will be made public in a short time. The statement is made that he has not asked for an investi- gation by a court of inquiry and that the department is satisfied to let the matter drop, on the ground that the officer has been sufficiently disciplined already. He is now on waiting orders and will be given a command commensurate with his rank im the near future. THE MOHICAN Will Go to Honolulu to Relieve the The wooden cruiser Mohican, now fitting out at San Francisco, will be put in com- mission in a few days. While it is not finally settled, it is more than probable that she will proceed to Honolulu, in order that the Adams, which has been there for many months, may be enabled to make a cruise to Samoa. The Secretary of the Navy has long desired to have a warship visit Samoa, and the failure to do so was solely because there was no vessel available. There is no likeli- hood of the flagship Philadelphia leaving Honolulu for some time to come, and the report that the Mohican is to relieve her is absurd. . A Theory Disproved. The theory that steel ships cannot remain in tropical waters without serious deterio- ration of their hulls is disproved by the case of the Boston. That vessel made a pro- longed visit to Honolulu, covering many months, and a recent examination of her bottom at San Francisco showed it to be in|} excellent condition, thereby disproving the rumors that her plates had been badly pit- ted by the action of the tropical seas. The Mohican will probably start on her cruise early next week. It will take her about tweive days to reach Honolulu. She has been thoroughly overhauled and is reported to be in fine shape. Commander Clark, for- merly of the Asiatic station, will have com. mand of the Mohican and Lieut. Wadhams will be his executive officer. ——_+-e Treasury Balance. A statement prepared at the Treasury Department shows that the net balance is $95,000,000, of which $83,5uu,U0U is in gold and 311,500,000 is in paper currency. in view of the heavy disbursements made to date—$12,200,000—of which $6,000,000 was for beusions, the balance has kept up remark- ably well. The receipts so far this month have aggregated $10,860,000, which is a con- siderable increase over the corresponding period of November. There is a continued decline in the revenue from customs. The receipts from this source at New York tor the first ten days of the present month Were $1,845,084, the smallest amount yet re- ceived for a similar period. Charges Against a Home. It is learned on credible authority at the Department of the Interior that Maj. Ma- thew W. Berryman of New Jersey has pre- ferred charges with Secretary Smith against the management of the Soldiers’ Home at Newark. The complainant charges that the pensioners who reside at the home are assessed for board, und that he has a re- ceipt for board which he superin- tendent in 1su The qu tion is under c sideration at the department, and if the cision is against the ma nent of the home the state of New Jersey will have to ‘$s all board money collected from them. wae Personal Mention. W. Symons, formerly assistant sineer Commissioner of the Dis- Capt. to the E | trict, and now stationed at Portland, Ure, is visiting friends at 1713 K accompanied by Mrs. Symons. THE SOUTH’S FUTURE Vice President Stevenson Addresses the Georgians. OVATION FROM AUGUSTA'S CITIZENS. Throng of 30,000 at the Exposi- tion Grounds. AN UNUSUAL SPECTACLE. AUGUSTA, Ga., Dec. 12.—Thirty thousand People at the exposition today gave a rous- ing ovation to Vice President Stevenson, Secretaries Herbert of the’navy, Smith of the Interior and Congressmen Springer and Sperry. President Walsh of the exposition introduced Vice President Stevenson, who spoke as follows: “Mr. President, ladies and gentlemen: “I count it an honor to have been so cor- dially invited to visit this beautiful city and upon this auspicious occasion to meet and mingie with my fellow citizens of this great commonwealth. I bring you today the good wishes and hearty God speed of the millions who dwell in the great valley of the Mis- sissippi. I mingle my congratulations with theirs, upon the success of this great in- dustrial enterprise. It matters not that this wonderful exposition of the products of field, of mine, of forest and of loom, is held in the south land and far toward the Atlantic seaboard. * * * © “No longer are there wars or rumors of wars in our land. We study, and we teach our children, the things that make for peace. From one end of the land to the other is heard the hum of busy industry. While Europe is arming for bloody conflict, our great workshops are engaged in the manufacture of implements of husbandry and not of war. The century now drawing to its close will, as I firmly believe, witness in its expiring hours the American people following the peaceful vocations which are the sure forerunners of prosperity and con- tentment. “I am not here today to discuss the dead issues of the past. ‘Let the dead past bury its dead.’ The welfare of your state is now in your own safekeeping. [ think I am warranted in saying that henceforth you have naught to fear from hostile federal legislation or interposition. Living questions are before you for discussion and determi- nation. Lying in the future pathway of the republic are problems as difficult of dcter- mination as any that have in the past test- ed the courage and the patriotism of our fathers. Inspired by the words and the deeds of those who have gone hefore, let us with courage and with faith turn our faces resolutely to the future. You need no prophet to tell you what another decade will accomplish for your state and section. With your great natural advantages of climate, cheap water power and iaw mi terial, the south in the future can be as su cessful in the manufacture of the finer as it is now in the manufacture of the coarser fabrics of cotton. “With the return of the era of good feel- ing—in its highest sense of national feeling. sectional jealousies and distrust will for- ever disappear, and capital will here seek and find abundant and profitable invest- ment. I reiterate the inquiry of your own distinguished citizen: ‘With coal, tron and timber in abundance here, why should not the south have her @wn foundries, machine hops and factories? ote stra fre where all of “It cannot de t] : the gifts of a ifleent itor have been ‘so generously bestowed that men can suffer for bread. With a climate so healthful, a soil so productive, with hillside and moun- tain bursting with mineral treasures; with enlightened brain to conceive and willing hands to execute great commercial aims looking to the development of our resources and the upbuilding of our country—it can- not be that there can in this broad land be long found those who are compelled “To beg their brothers of the earth To give them leave to toil.” “My fellow citizens of Augusta and of Georgia, tor the kind attention you have given the poor words I have spoken, and for the more than kind reception you have given me, I am gratified beyond expression. In the years to come the memories of this visit will be recalled with delight. I think I understand now, if never before, the true significance of a ‘Georgia welcome.’ I trust you will remember that visits should not be one-sided. I bid you come to the prairie state—to the great corn belt of the con- tinent, to the valley of the Mississippi and the great northwest. Visit our magnificent farms, our great industries, our matchless cities, our happy homes. The welcome you will receive—and you could not ask for more—will be the welcome you have so gen- erously given.” As the Vice President made his appear- ance in the Music Hall, accompanied by President Walsh, there arose deafening cries and shouts from the dense mass of people filling the great hall and galleries and ris- ing, tier after tier, to the second floor of the great building. It was a grand ovation, such as is seldom | seen. — DISPERS: BY POLICE. Thousands of London’s Unemployed March With the Red Flag. LONDON, Dec. 12.—Thousands of the un- lemployed workingmen of London met at Yower Hill today and listened to addresses made by James Keir Hardie, a socialist member of parliament, Frank Smith and others. Mr. Hardie said that he intended to move the adjournment of the house of commons touay in order to call the attention of par- |Hament to the condition of the unemployed. | Upon the conclusion of the speech-making | the crowd marched to Hyde Park. A num- ber of black and red flags were displayed. Several speeches were made in Hyde Park, after which the procession was reformed and started on the way back to Tower Hill. As the men marched through Oxford |s.reet the police captured the most offensive ‘banner that was being carried in the lines. |The men were allowed to march through Cheapside, but subsequently, when they were ordered to disperse by the police, they refused to do so. ‘The police charged the crowd and after a slight resistance succeeded in dispersing it. ‘Traffic was stopped for a short time. Some of the shopkeepers in the vicinity of the disturbance feared that the mob might loot their places of business, and as soon as the disorder began shutters were hastily buc up, doors locked and business sus- pended. FLOODS IN WASHINGTON. Waters Higher Than Has Been Known in Many Years, COLFAX, Wash., Dec. 12.—The North Pa- louse river has overflowed its banks and flooded the north end of Colfax. Sunday night, about 10 o'clock, word was received from Palouse that the dam had been wash- ed out, releasing a flood of water. At mid- night the water was rising rapidly, and by 3 o'clock had risen ten feet. overflowing the flat, in which were 100 residences in. the rerth end, and taking out a heavy wagon bridge and boom, by which 1,000,000 feet of logs was held. The water invaded the | houses, the residents of which had to be | taken out in boats. The town of Ebberton, | fourteen miles above here, is completely | inundated, and the damage’ ts quite heav | SEATTLE, Wash., Dec. 12.—The | of the Cedar, Black, White and Duwamish under water. Much loss has occurred in the destruction of prop- he water is higher than known in fifteen years. y 7 pes ee Not a Bad Faitau ROME, Dec. 12.—It is learned that the failure of Maquay & Hooker, bankers of |this city and Florerce, whose suspension | was announced yesterday, is not a bad one. | A statement issued today shows that their Stree He 1s | assets are $261,955 in excess of their liabili- ties. .| which will enable the BUT FEW REMOVALS MADE Among the Unclassified Employes of the Taterior Department. Congre: ional Pressure Beginning to Assert Itself— Many Appointees of the Last Administration Retained. The officials of the Department of the In- terior have thus far displayed considerable lenity toward employes in the unclassified service. Only a small number have been removed. It is safe to say that 90 per cent of the watchmen, messengers and laborers of the department are appointees of prior administrations and are republicans. The only severe slaughter has been in the watch force of the superintendent's branch of the department. The rank and file of this force number 41 and the changes during the last eight months have been 28, This leaves 13 of the republican watchmen on duty, and these at present are regarded as valuable men because of their acquaintance with the bullding and people in it. These men are a great convenience to visitors. Of the 13 remaining 12 are Union veterans of the late war and all of them are white. Under the Harrison administration four of the watch were colored, but these are now missing. In the pension office the rank and file of the watch number 24, and so far as The Star man has been able to discover only eight changes have occurred here. In the Superintendent's branch there are seven messengers and nine assistant messengers. Of the first class two are colored. These are retained and the three or four removals made have been of whites. Of the second class five are colored and of the four dis- missals two were white and two colored. There are seven firemen, six white.and one colored. The latter was reduced and one of the white men dismissed. Of the four packers three are white, one colored and one of the whites an army veteran. The colored man and the veteran have been dismissed. Nineteen laborers are employed in this branch, twelve of them colored. Five dismissals, three white and two col- ored, have occurred. One of the four char- women (white) was dismissed. in the general land office there are two messengers, one colored and nine assistant messengers. No change. has taken place in the first class, but in the second five whites and cne biack have been retired. Of the six packers two, both colored, have been changed. In this bureau there are eleven laborers, nine colored and two white. Three changes have been made, two colored and one white. In the pension office there are thirty messengers and twelve assistants. Of the total only eight are colored. ‘The changes here cannot be figured, but are very light. Of the firemen, laborers, mes- senger boys and charwomen there are sev- enty, and the vacancies that have been caused by this administration have been few. Of the force indicated twenty-four are colored. ‘There are in the patent office sev- enty-five messengers, assistant messengers and messenger boys and laborers. Thirty- four of these are colored. About a dozen changes have been made. There are eight unclassified empioyes in the office of educa- tion, only two of them colored. No changes there have been reported. In the geological survey there are thirty-two firemen, watch- ;men, messengers, laborers and charwomen, and although thtre has been a reduction in the temporary force it cannot be learned that any dismissals have been made. Four- teen of the force were colored people. Office there are seventeen watchmen, two engineers, two carpenters, seven firemen, nine messengers, ten skilled laborers, eight laborers and thirty-four charwomen. laborers six are colored and of the char- women fifteen. In division 1 there are six messengers and 6 skilled laborers and nine laborers. in division 2 there are eighty-two skilled laborers, three laborers and two mes- sengers. In division 3 there are eight mes- sengers and 112 skilled laborers. Divisions 4, 5, 6, 7, 8 and 9 have forty-six skilled la- borers, eleven messengers and five laborers. Many of the appointees to fill vacancies have been colored people, and there have been several Georgians in the lot. There is a prospect that as soon as congressional pressure is brought to bear, and it is al- ready being felt at the department, that v: cancies will be made for democratic appli- cants in many of the humble positions. —_——+-o+—______. A COMPROMISE WANTED. The Attitude of the Post Office De- partment Toward Anacostia. There is no prospect of an immediate change in the postal situation at Anacos- tia, The Star man this afternoon asked Gen. Maxwell what he meant by attending to the post offices at New York, Chicago, Philadelphia and Alexandria and leaving the Anacostia office uncared for. He said that he was aware of the strained situa- tion in that suburban metropolis, but did not intend to ease it up just yet. He int- mated to the reporter that as long as the people in that community were content other he did not care to get into the con- flict. He intimated that the citizens of An- acostia were the most, belligerent office seekers he had ever been called upon to face, and if the contention was not calmed soon it might be desirable to call out the militia, The general gave the reporter the ion that the department would give income to the town of Anacostia if ple would bury the hatchet and com- on @ candidate for postmaster, He would not interfere in the tight as it stood. He believed in a practical application of the home rule theory, and if the Anacos- tians would settle upon a man whom they | would like to have as the dealer of their mail, he would invest that man with the symbols of office. tee - POSTAL LAWS, Mr. Dockery's Bill Has Especial Refer- ence to Money Orders, The bill introduced in the House yesterday by Mr. Dockery, amending certain laws re- lating to the postal service, makes the fol- lewing reductions in the money order rates: For orders not exceeding $2.50,three cents; exceeding 50 and not exceeding $5, five cents; exceeding $5 and not exceeding $10, eight cents; exceeding $10 and not exceeding $20, ten cents; exceeding $20 and not ex- ceeding $30, twelve cents; exceeding $30 and not exceeding $40, fifteen cents; exceeding $10 and not exceeding $50, eighteen cents; exceeding $50 and not exceeding $50, twenty cents; exceeding $# and not exceeding $75, twenty-five cents; exceeding $73 and not ex- ceeding $100, thirty cents.” Among other changes made by the pro- posed bill is the abolishment of the postal note, 1 authorizes the Postinaster General to designate sertain money-order offices to | issue money orders for sums noi exceeding | $5. These offices are to be calied limited money order offices, These money order of- fices are to take the place of postal note of- flees now existing. It also provides for turning over to the general treasury, on the Ist of July next, of all unpaid money orders and postal notes ore than twelve months old. This fund is | ated to amount to about $3,000,000, | After this money been paid into the | CHAN treasury it can be paid out by warrant of the Postmaster General. ‘The bill provides for a coupon form of minor money ord Post Office “Depar ment to settle iis account without delay, in- stead of being delayed four or five years, as ent. The bill has the approval of the aster General, SE Se ee Called Upon to Resig Secretary Carlisle has determined on a change in the office of disbursing clerk to the coast and gecdetic survey. He has call- |ed for the resignation of J. W. Parsons of | Maryland, the incumbent, and has oftered | the ‘place to a democratic friend, whose name is withheld until he has qualified. ‘rhe change involves no reflection on the official integrity of Mr. Parsons + In the superintendent's office of the census Of the | with slinging mud and firing bricks at each | THE POLES MUST GO. Attorney Thomas Construes the Law About Overhead Wires. THE COMMISSIONERS AUTHORITY. No Excuse for Continuing a Dan- gerous System Any Longer. AN INTERESTING OPINION. The overhead wire must go underground. The attorney for the District, in an im- pertant opinion, rendered to the Commis- sioners today, comes out flat-footed for this, and takes occasion to give a strong argu- ment in support of his position, together with the law on the subject. The Commissioners, who are a unit re- garding the removal of overhead wires, were much gratified by the opinion of Mr. Tomas. The opinion was not looked for. It was brought out in a very peculiar manner. The United States Electric Lighting Company, which maintains a set of poles and over- head wires on 15th street, applied for per- mission to replace the poles, which were in a dangerous condition, with new ones. Capt. Fiebeger, who has always strongly opposed everhead wires, doubted the advisa- bility of the Commissioners granting this permission, as the company had a system of underground conduits along that street, and {it was upon his recommendation that the attorney was asked to give his opinion on the case. This he did today. The text of his opin- fon follows “I have the honor to return to you here- with a communication from Capt. G. J. Fiebeger of the corps of engineers to the Engineer Commissioner, under date Noverm- ber 20, 1893, suggesting that on the east side of 15th street, between New York ave- nue and Pennsylvania avenue in this city, the United States Electric Light Company have an overhead line of wires supported by three poles which are considerably de- cayed and in a dangerous condition, which the company desires to replace with new poles, and that on said streets the company has a conduit between the points named, and requesting that the opinion of the at- torney of the District be taken as to the power of the Commissioners to order the Electric Lighting Company to take down the dangerous poles and put its wires in the conduit in the street. The M plication of Wires. “The multiplication during the past ten years of telegraph, telephone and electric light poles, with numerous cross-arms, and a great number of wires stretched thereon, has resulted in filling many of the bupiest |streets and avenues of this city with un- sightly poles and dangerous wires. At many points these wires form a network of iron and copper, which not only disfigure the streets, but constitute dangerous ob- structions to firemen in putting out fires. And then there are upon these poles wires of different kinds for other purposes, and one current is often found to interfere wil the free use of another. But aside this, wires for electric lighting carry and dangerous currents and when operated by the overhead system of bare wires are in themselves a nuisance and a constant menace to life and property. For these reasons there appears to be a very general public demand that telegraph, telephone and electric Mghting wires be ground. The Laws in Other Places. “In the state of New York they have a Statute (passed in 1884) which requires all telegraph, telephone and electric light wires and cables in cities in the state having a Population of five hundred thousand or over to place their wires underground. In 1885 the legislature of New York provided for a board of electrical control, and it was made the duty of this board to cause to be re- moved from the surface of the steets of the city of New York and to be maintained un- derground whenever practicable all electric wires and cables and subways were re- quired to be built under the supervision of the board of controi, and when subways are built all corporations operating over- head electric wires shall have the right to put them in the subways under certain specified conditions. The telegraph and electric lighting companies of New York city at first vigorously resisted this legis- lation, claiming that it impaired rights se- cured to them by the Constitution of the United States, and refused to put their wires in the subways, but the courts held that legislation in regard to electric wires was a valid exercise of the police power and denied injunction against the removal of the wires, and directed judgment for the defendants in actions for damages for cut- jting the wires. Thus in Western Union Telegraph Co. vs. New York (8th Fd. Rep., 52) the cirucit court for the southern district of New York in 1889 denied an in- Junction against cutting down telegraph wires left hanging over the streets after notice to place them in the subways. “In the case of the American Rapid Tele- graph Company vs. Hess (125 N. Y., decided as late as February 24, 1891, it ap- | peared that the telegraph company was or- ganized under the telegraph acts of 1848-53 jof New York and without any special grant |from the city. The telegraph company claimed that those acts operated as a grant |to it of a franchise to use the streets, jWhich constituted an inviolable contract j under the protection of the Constitution of | the United States, so that neither the state |nor the city could cause the wires and poles to be removed without making compensa- tion. But the courts held that the stat- utes did not grant the telegraph company jany interest in the streets. but only con- jferred unon it an authority or license to jenter upon the streets and use them for a public use not inconsistent with a use for |seneral street purposes and that the acts of | the legislature were general public legisla- | tive acts in the exercise of the police power of the state. and they were not beyond the Teach of future legislation, and even if there | Was a grant of some sort of a franchise yet jthe state did not abdicate its power over the public streets nor in any way its police power, nor absolve Itself from the duty of |maintaining the streets and highways of | the state in a safe and proper condition for | public travel, and It was held that the order |of the city authorities to remove the poles and wires and put the wires in the sub- | Ways after due notice was a proper and ‘reasonable exercise of their control over |streets. end that cutting down the wires jafter failure ta comvly with the notice Was not a taking of property for public use. but simply the removal of {t after it had become a nuisance. That the legisla- {ture having determined that the wires ob- strneted the public use of the streets has (A right to tract them to be put beneath the jsurface. The telegraph company insisted [that onller the act of Congress of Inly 24. | 1888 (Rev. Stat. 5262). ther were entitled ta nse the nost roads of the Tnited States and | that under section 2904 of the Revised Stat- utes of the United States and the act of | March 7. 1884. all letter carriers’ Tovtes and |All public hiehwave were post raeds. Rut [conld not denrive the state of its contral lover the streets and its richt to reeulate them mnder the nolles nawar and that tha laws of Coneress are nerfectly satiefied hy nermission to place the wires in the sub- ways. | The District Legisiation. | “Tn 1888 Congress took up the subject for this District, and hy act approved July 18, 1888 (25th Stat. 82), forbade the Commis- sioners, after the 15th of September, 1888, | to permit any telegraph, telephone or elec- tric wires to be erected or maintained over- head on the streets, avenues and alleys of the city of Washington, provided that the Commissioners might, under such reason- able conditions as they might prescribe, au- thorize the wires of any existing telegraph, telephone or electric light company then operating in the District of Columbia to be | died. put under ground whenever in their judg- ment the public interests might require the exercise of such authority. By act app ed March 2, 1889 (25th Stat., 804), the Com- missioners were authorized under such rea- sonable conditions as they might prescribe to permit any telegraph, telephone or elec- tric light company to put its wires under ground whenever in the judgment of the Commissioners the public interests required the exercise of such authority. By act ap- proved August 6, 1890 (26th Stat., 1069), the President of the United States was author- ized to appoint an electrical board consi: ing of three persons skilled in electrical matters to consider the location, arrange- ment and operation of electric wires in the District of Columbia, with a view of secur- ing a safe and convenient system of con- duits or subways and the placing therein of all new electric wires along the streets and avenues of the District and other pub- Ne places, and the removal of all overhead wires and their support. This board made a report to Congress, and the system recom- mended by it is the one now in use in the construction of underground conduits. Not for the Benefit of Compantes. “If the effect of this legislation by Con- gress is by implication to legalize the ex- istence of the poles and overhead wires of telegraph, telephone and electric light com- panies in the streets and avenues of this city, where such company has no under- ground conduits for its wires, still it must be conceded it was not intended for the benefit of the companies owning and oper- ating electric wires in this city, but was in the interests of public safety, and to pre- vent the obstruction and di tion of the streets and avenues of the city, which belong to the United States. Congress never intended to deprive the Commission- ers of the control of the streets nor to ab- solve them from the duty of keeping them in a safe and proper condition for public travel. The oe wae eyer ge — ing Company is a corporation ot e state of West Virginia, and its poles and over- head wires in this city exist not by ex- press legislative sanction, but by virtue of permits granted by the Commissioners from time to time, which permits contain certain provisions to the effect that they may be revoked and the poles removed at the pleasure of the Commissioners. The Poles Should Come Down. “In view of the unmistakable policy of Congress that the overhead wires of tele- graph, telephone and electric light com- panies in this city be placed underground, and the fact that the United States Elec- tric Lighting Company has a conduit in 15th street, in which it can place its over- head wires in that street, and inasmuch as the company by its request to renew the poles admits they are dangerous, and therefore a public nuisance, the poles should come down. The Electric Lighting Company accepted a permit to erect those | poles on the express condition that it might be revoked and the poles ordered down at the pleasure of the Commissioners. What- ever implied ratification, therefore, Con- gress has given the poles, it is coupled with the conditions annexed to the permits by the Commissioners for their erection, that they are revokabie at their pleasure. “As long ago, perhaps, as the poles in question were erected, the means of carry- ing a number of wires for conveying elec- tric currents in underground cables had not been discovered. But the state of the art is different now, and it is practicable for tele- graph, telephone and electric light compa- nies to avoid confusion and loss to their overhead wires, and damages to persons and property, injured by falling poles and wires, by placing thefr wires underground. There is, therefore, no longer any good reason for the continuation in the principal streets of this city of a dangerous system of over- head wires where the companies have un- derground conduits into which they can place them. “Whilst, as a general proposition, it may be said that permits to telegraph, telephone el lc light companies to erect poles streets, once acted upon by the erec- tion of poles become binding contracts, such a contention cannot be successfully main- tained where, as in this case, the electric light company has an underground con- duit, and the particular poles and everhead wires are no longer necessary for its busi- ress, but, on the contrary, have confessedly e a nuisance dangerous to life and limb. “The law imposes the duty of keeping and maintaining the streets and highways of this District in a safe and proper condition for public travel upon the Commissioners, and not upon the United States Electric Light Company. The Control of the Streets. “When the Commissioners gave the Elec- tric Lighting Company permission to erect these poles and string wires thereon, they did not thereby abdicate their right to con- trol the use of the street, nor relieve them- selves of the statutory duty of keeping it in a safe condition for public travel, nor did the Electric Lighting Company in virtue of those permits acquire any interest in the street, but only a license or right to use the streets for its poles and wires, until they became dangerous obstructions, or until they should be no longer necessary for its business. Whenever the poles, by reason of decay, become dangerous, or whenever, by the construction of underground conduits, they are no longer necessary, then they are a public nuisance and should come down. “The Electric Lighting Company desires to renew its decayed poles on i5th street be- cause they have become dangerous. To grant the desired permit would be not only to perpetuate overhead wires, contrary to the policy of Congress that they should be ced underground, but would be in disre- gard of that fact that the company has an underground conduit into which it can place its wires. “For these reasons it seems to me that the | request of the Electric Lighting Company to renew its poles, and thereby perpetuate wires in 15th street, is inadmissible in view of the paramount duty of the Commission- ers to keep the streets in a safe condition for public travel, and the fact that the poles are no longer necessary.” I am of opinion, therefore, that the re- quest of the Electric Lighting Company should be refused, and the company notified to remove the poles within a given time, because they are dangerous, and if, after such notice, the company refuses or ne- giects to remove the poles, then that the Commissioners cause it to be done. If the Electric Lighting Company are advised dif- ferently, it will have ample time to apply to the courts for an injunction to restrain the Commissioners from removing the poles. Very respectfully, &c. —————— CHINESE REGISTRATION. Some Objectionable Features to the Amended Geary Law. It is stated here on good authority that| Chinese residents of the United States will be no more willing to register under the re- cent six months’ extension of the Geary act than they were under the original terms of the law. The provision requiring them to attach photographs to the certificates which they are to carry as evidence of their right to remain in the country is regarded as an extremely objectionable feature. The changes in the law defining “merchants” and “laborers” also meet with objection. Speaking of this, a gentleman who holds confidential relations with the official Chi- nese representatives in this country said: “The law undertakes to define the mean- ing of the words ‘laborer’ and ‘merchant.’ What right has Congress to undertake to do that? The treaties between the countries cover that question. If I contract to deliver | paving stones to you, you cannot arbitzarily the court held that these ecta af Coneress |reject them, saying merely they ate net | paving stor | settle that qu It takes the two of us to stion; or, we failing to agree, it is to be settled by the properiy constitut- ed tribunal.’ When the time comes for enforcing the |law a case will be made up involving these points and carried to ‘the Supreme Court. The decision last May sustaining the Geary law was rendered by a majority of the bench—5 to 3. Justice Harlan was not present and Justice Blatchford has since His successor has to be confirmed by the Senate, so that a reversal of that opin- is deemed possible. Pension Payment During the first seven days of the quar- terly payment of pensions beginning on the 4th instant the pension agency in this city disbursed $1,626,000 to 44,000 pensioners. FEDERAL ELECTIONS. Mr. Cullom Addresses the Senate on That Subject. MR. HILL ASKS SEVERAL QUESTIONS, And There is Quite a Lively Col- loquy Between the Two. | THE LAWS JUSTIFIED. Among the various communications and petitions presented and referred was a pe- tition from the chamber of commerce of the city of Seattle, Wash., praying for establishment of @ national park in state. A bill for that purpose was in! Mr. Squire (Wash.) and referred mittee on public lands. Mr. Cullom (1iL) indicated a desire to Gress the Senate on the bill to repeal federal election laws, but as the Ha’ resolution—offered yesterday by Mr. (Mass.)—and a resolution offered yesterday by Mr. Peffer (Kan.) had precedence in the morning hour, unanimous consent given that those resolutions should remain on the table, and should be presented at later hour today or tomorrow. Mr. Cullom thereupon addressed the Sen- ate. s EF trod to the Eee § York simply proposes t6 justify that action by the declaration that it did not control the politics of the state senate of NewYork,I say to him that if it was a crime the Senator ought not to justify it, and no man ought to.”" Mr. Hill—“Whether there was or was not anything irregular or criminal in the action | in the senate district in question we will discuss it at the proper time. The Senator from Illinois does not of course expect me to answer him now. The point which he is trying to make seems to be that the action in that district affected the control of the state senate of New York, and on that point I beg to inform him that his statement is not true.” > Mr. Cullom—“Whether the statement exactly true or not——” Mr. Hill—“It is neither exactly nor sub- stantially true.” ator from the state of New York.” Mr. Hill—“The election of United States Senator had nothing whatever to do with the question, except to a very slight degree. If that district had been given to the hheans and if two or three other had been given to them the ished Mr. Murphy, unegul colleague, Mr. A That question had nothing to do with the control of the from the state of New York.” Mr. Cullom on Federal After a brief history of the protection the elective franchise from with the clause of the Constii ling that the time, places | holding elections for Senators | sentatives shall be prescribed by the legislature thereof, but may ateany time by law, such regulations except | choosing Senators, he said been any serious question and meaning of that constitu’ sion. What was the cause, he asked, of present demand for the repeal of the lat passed by Congress on the subject? any man suffered any injustice by reason of their existence or enforcement? Had any | person been wronged by laws which were intended to prevent wrong? The conten- | tion of those who urged the repeal of those laws seemed to be based mainly upon the theory that the states alone were | with the police control of elections, and that the federal government had no call to in- terfere even for the protection of its own direct and most important interests. If that was a true rule, why hadt Constitw- tion given to Congress the rigm to make or reed the prescriptions of the state legis- latures’ Back to Fort Sumter in 1861. l | F E | g E i | E £ £ 5 f iH & 8 g i fed | discussion brought Senators back to the identical question which their friends in | the south had attempted to settle at Fort | Sumter in 1561, and which reached a final settlement in 1865. It was idle, he said, for | Congress to sit supinely down, contented | with the false theory that the states have full control of the franchise. That was @ | policy fundamentally wrong and inde- fensible, and was in line with the argu- ments once used in justification for the disruption of the Union. A national gov- ernment which had not the power within itself to protect its own membership and to have some control ever its elections Was as weak as water and would not very jong endure. if the existing federal elec- tion laws were imperfect or worked injus- tice they should be amended or modified, but not struck from the statute book. An honest American ballot was the strongest, the most herculean power in the world. That ballot, that great agency which cre- ated an American President and an Amer- ican Coagress, built up a structure which the powers of the earth could not destroy. His democratic friends, he thought, were not exercising their usual shrewdness in overthrowing salutary regulations which would be under their own control. He, as @ republican, would rather have such « system of laws, meant and intended solely for the proper protection of the honest and legitimate voter, even if every official agen- cy for their enforcement should be of the democratic party. New York State as an Example. | It was only necessary to go into the en- lightened state of New York to find a vol- | ume of proof of the inability or the indispo- | sition of the state to guarantee an honest | casting and true counting of honest votes. | Did it not, he asked, bring the blush of shame to the cheeks of American Senators to think even as a public fight of the gi- gantic frauds upon decency, the monstrous outrages upon the elective franchise which had been perpetrated within the last few months in that great commonwealth? What a disgrace to the American bar and what a humiliation to the judiciary of the noble state had become the name of that judge— referring to Judge Maynard—the tool and willing agent who had sold his judicial birthright for a mess of miserable political e. Pair Cullom—"T understand the fect to Sr Hill—“I do not say that the Senator willfully misstates the facts. I presume he has simply taken the partial accounts of artisan newspapers.” PAIr. Cullom. "I have not relied on news- paper accounts especially, but 1 have under- stood—and I think that the country has un- stood—that the action of that man who afterward became a judge imaugurated @ scheme which resulted in changing the po- ical complexion of the legisiature— air, Hill t"and I desire to inform the Sen- ator and the country that that is not a cor- rect statement of the situation. Mr. Cullom resumed the direct course of |ion by a majority of the full bench—5 to 4—-| his speech and declared that all good peo- ple everywhere in America, regardless of their political affiliations, should join in try- jing to make stronger and more efficient jevery guard and protection for honest elec- | tions, He appealed to them net to relapse into barbarism, but to keep pace with the |age, break down anarchy and build up eo- ciety.