Evening Star Newspaper, January 4, 1894, Page 2

2 THE EVENING STAR, THURSDAY, JANUARY 4, 1894—TWELVE PAGES. citizens followed. The building was soon guarded and outsiders prevented from en- tering. ‘Troops of the Provisional Government Before 5 o'clock there were fully 200 troops of the provisional government on guard. When they got possession of the government building, Prof. Alexander said, they found a large amount of ammunition Placed there by the royalists for the defense of the building. Officers of the provisional forces told him that they had been notified that no help would be given by the troops from the Boston and that they would be compelled to do the job alone. Witness told about the acts of the provisional legislature, and, it is understood, has, or will, lay be- fore the committee a pamphlet containing @ copy of all the laws passed by that body. of the first acts of this body was to re- the law under which the Louisiana ttery Company was granted a franchise. It ts claimed (but this will be the subject of further inquiry) that the instructions to Minister Willis,directing him to secure from the queen the pledge of amnesty and the acknowledgment of the obligations of the provisional government, contained no refer- ence to the acts of the legislature. If they ‘were to be held null and void if the queen ‘were to be restored, then, Prof. Alexander says, the lottery law will stand. All of these matters, it is understood, the commit- tee will go into fully before it coneludes its investigation. It is said that Rev. O. P. Emerson, who was the first witness before the committee, before he left for Boston, expressed the opinion that it was the intention of the committee to probe the whole matter to the bottom, to ascertain all the facts and fix the blame, if there be any, where it properly belongs. He is said to have been impressed with the spirit of fairness and impartiality manifested in the committee. Ex-Minister Stevens has not been summoned, but has been told that the committee would like to have him appear before it. This he will do. When he may come is uncertain, for there is sickness in his family. The committee | will, however, hear him at his convenience. Naval Officers to Appear. With a view of ascertaining what part the troops of the United States played in the overthrow of the queen and what their or- ders were, the committee has requested the Secretary of the Navy to have the naval officers on duty at Honolulu sent before it. ‘The Secretary has directed these otticers to appear on Monday next. ‘The officers are | LATE NEWS BY WIRE. Hostilities Renewed in the Lewell- H ing-Lease Embroglio, AN INJUNCTION ON HER SUCCESSOR | Papers Filed in the Supreme Court at Topeka WHAT THE GOVERNOR SAYS. | TOPEKA, Kan., Jan. 4.—Hostilities were begun anew in the Llewelling-Lease im- broglio this morning, the governor having persisted in Mrs. Lease’s removal, regard- less of the statute which states plainly that he has not the power to do so. All efforts toward effecting a compromise have been discontinued and papers, which have been ready since Monday, were filed in the supreme court this morning in the case of Mrs. Lease against J. W. Freeborn, her would-be successor. The court issued a restraining order for- | bidding Freeborn from acting or attempting to act as a member of the board, and from | interfering in any way with Mrs. Lease’s | acting as a member of the board, or in de- | priving her of any of the rights of the office. | Governor Lewelling said to a United Press | Tepresentative this morning that he was no longer a party to the case, and that it now | remained for the courts to determine wheth- | er Freeborn or Mrs. Lease was entitled to the | office. He ventured the opinion, however, | that the injunction granted would not hold, | but qualified this assertion by saying: | “There is no telling, however, what the court will do.” Mrs. Lease is in Osawatomie today with the board, and it is thought that service | can be obtained on Freeborn there tonight. he Lieut. Lucien Young, Lieut. . K. Moore, MR. STUBBS’ RESIGNATION. BRaymaster Hobbs and Passed Assistant | Kagineer Stacey Potts. Kear Admiral | His Constituents Have Criticised Him wn, commanding the Norfolk navy yard, and other officers who are familiar with Hawaii by reason of their having been as- signed to duty there, will aleo be exainined by the committee at a later date. Lieut. Swinburn, now at Annapolis, who was in command of the troops when they landed, j and Lieut. Hoes, now at Philadeipnia, chap- Jain of the Naval Home, who witnessed the event, will also be called at a future time. A DEwCecR CAUCUS. ATE It ix Expected That There Will Be a Lively Time Tomorrow Night. Mr. Holman, chairman of the caucus, has issued a call for a democratic caucus at 8 o'clock tomorrow night. There has been a | very strong effort made to secure the post- Ponement of this caucus, but those who | signed the call insisted upon its being held, | and the present belief is that it will be very largely attended. It will be a sort of | general pow-wow in which the democrats | will talk over their differences, and is li- able to be very lively with possibly little result. The income tax question and boun- ty question and the complaint that mem- | bers have against particular items in the | tariff bill are all expected to come up for | discussion and those democrats who dissatisfied with the tariff bill will thor- oughly ventilate their grievances. Original- ly the sugar question was the principal | one expected to be considered, but the in- | come tax matter has aroused the eastern | democrats to the most active antagonism | and they are very deiermined to press their arguments upon tne caucus. | Some democrats are sanguine enough to | believe that full and free caucus will bring | the party closer together, but the indica- tions appear to be that there will be a great | dive-zence of opinion on most questions discussed and that very li anyching will be accomplished. ——+ e+ = PROMOTIONS ARE SLOW ttle of | Im the Artillery Arm of the Service— Some in Prospect. The retirement of Capt. Fessenden and the prospective retirement of Capt. Zalin- ski, both of the fifth artillery, provides for the promotion of two officers who have held the rank of first lieutenant for twenty-five and twenty-four years respectively. These promotions call attention to the stagna- tion of advancement in the artillery arm and it is also noteworthy that the two senior first lieutenants of that branch of the service are both in tne regiment to whieh Capts. Fessenden and Zaiinski be- longed. Capt. Fessenden’s retirement promotes First Lieut. Henry J. Reilly, fifth artillery, who was commissioned in ‘that grade on September 15, 1865. When . Zalinski retires First Lieut. Luigi Lomia will be promoted. He has been a first lieutenant | since March 74, 1869. Lieut. Reilly is a na- tive of Ireland and Lieut. Lomia a native of Italy. The promotion of 1 t. Reilly will make @ first lieutenant of Second Lieut. Oscar 1. Straub, first _artiile commissioned | August 11. ISS7. The promotion of Licut. | Lomia will cause the ond Lieut. J. D. Miley, missioned October 1: —____—_-e- - -—___—_ PTY A MINUTE. President and Mrs. Cleveland Shook Hands With 7,000 People New Year Day. A revised calculation of the number of Persors with whom President and Mrs. Cleveland shook hands on New Year day | fixes it at 7,000 at the lowest. Dur- ing the hour and forty minutes devoted to the reception of the public it is estimated that at least 4,4") persons were greeted with a hearty hand shake by the chief magistrate and his charming wife. When the crowd was at its thickest the people passed by the receiving party at the rate of fifty persons a minute, and throughout the entire public reception the rate did not fall below forty-five a minute. The recep- fvancement of Sec- fifth artillery, com- tion of the diplomatic corps, the army, | navy and marine corps and the official visiters was, of course marked by more de- liberation and dignity. The unprecedented attendance at their reception was due in part fo the fact that it was the first recep- tion given by the present administration and by the further tact that there was no reception last New Year day and for sev- eral months before, ewing to the great | afilietion that marked the clese of the last admiristration, including the death of the President's wife, the death of his father- in-law and the serious illness of his grand- children. a —— STATE DEPARTMENT EXHIBIT. All the Precious Documents Have Been Returned to the City. The exhibit sent by the State Department to the world’s fair—precior Jefferson, Madison and Monroe, the origi- Ral emancipation proclamation, Washing- ten’s sword. Franklin’s staff and a host of other interesting historical relics—has been returned in safety to the department. The retics of Celumbus a loaned by Pope Leo to the United States government for exhibition at the fair were Teceived at the State Department some ume aso and are locked up in firepreof vaults awaiting shipment to Kome. When the shipment will take place is not settled. ‘This government p ‘woul! bring th: ed States wa same Way. was ed the pope that it s to America in a Unit- nd return them in the the contract is available for and the Vati- f several . must rema ign complic can interests ai eat to utilize a vy the valuable collections. low the Navy De- “lt for taking back -e- Quiet at Pernambaco. Secretary Herbert has received a dis- Patch from Rear Admiral! Benham, com- manding the South Atlantic station. It was dated at Pernambuco January 3 and sat verything is as quiet There is no reason to trouble at present.” Admiral Benham added that his fi the San Francis would Duco today for Bahia apprehend zship. leave Pernam- | oe | of the | from jury , the measure introduced by Mr. state papers of | «I the Catholic Church | as possible } for Not Supporting Gen. Lee. | Special Dispatch to The Evening Star. | RICHMOND, Va., Jan. 4.—Senator J. W. | Stubbs of Gloucester, who placed his resig- nation in the hands of Lieut. Gov. Kent, to | be read at the session this morning, nad | another conference with the governor at 10 o'clock on the subject. Senator-elect Thos. S. Martin accompa- | nied Mr, Stubbs to the governor's oftice, | where the three were in secret session tor | two hours. When the senator emerged trom the con- ference he said to ‘The Star correspondent that he had not altered his determination to | Tesign and that his resignation, which was already in the hands of the lieutenant gov- ernor, would be offered in the senate. Mr. Stubbs’ resignation is an outgrowth of his voting for Mr. Martin, when his con- stituents in convention had indorsed Gen. Lee for United States Senator. Several con- ventions have been since held in the coun- ties composing Mr. Stubbs’ senatorial dis- | trict, the ninth, at which action condemna- tory of his course was taken. Mr. Stubbs’ resignation, however, not offered in the senate today. It is claimed now that notwithstanding his declaration to The Star, the governor and Mr. Martin induced him to withdraw it. se sini TO IMPROVE JURIEs. was ed in the Virginia Legis- lature. Special Dispatch to The Evening Star. RICHMOND, Va., Jan. 4—In the house today Mr. Withers of Danville introduced a bill in relation to who shall be exempt service. The following, who are exempt under the present law, under Withers are required to serve. All bank ofticers, other than a bank cashier, members of fire departments, members of Congress, when that bedy is not in session, telegraph operators, when there are more than one in office, all pharmacists, tobacco samplers and inspectors, all persons engaged in the milling business, and commributing mem- bers of military. Mr. Withers says his idea in introducing the measure is to secure a better class of | jurors, as under the present law so many are exempt from service that it is almost impessible to procure a jury composed of persons other than laboring classes. —_—. RAILWAY MEN IN CONFERENCE. Meusures Affecting Them Before Con. #ress to Be Discussed. CHICAGO, Jan. 4.—A special meeting of the executive officers of the various rotherhoods of railway employes was call- ed to order at 16 o'clock this morning at the Sherman House. The meeting was call- ed to order by President Clark of Cedar Rapids, who is at the head of the Order of Railway Conductors. President Clark and Vice President E. P. Garretson and delegates from the con- ductors’ order arrived last night, and mem- be of the switchmen, brakemen, firemen, engineers, telegraphers and trainmen’s | brotherhoods are in attendance. It is said the main object of the meeting | is to discuss the proposed bill for an inter- state board of arbitration, to be established | by the government. Another important subject for discussion is the injunctions granted by Judges Ricks end Jenkins against the employes of the Northern Pacitie road, enjoining them from striking. Other proposed bills for legislation on questions of interest to railway employes that have been submitted to the federation by members of Congress will be discussed. The meeting will not adjourn before this evening, and may hold over until tomorrow. seek) > oben WAGES OF POTTERS, They Will Be Scated Down if the Wil- son Bill Passed. NEW YORK, Jan. 4.—A Pittsburg special | says: A committee of the potters of the | United States met here yesterday and drew | Up a scale of wages for the coming year. It is based upon the wages paid to the | men in the English potteries. ‘The scale | 1s to go Into effect the day the Wilson bill | becomes operative. The scale gives the men the same wages paid in England, plus the tariff on the different grades of goods. The scale, as | adopted here, will be presented to the Na- \tional Association for ratification when | that body meets in Washington next week. es REGAINING MENTAL FACULTIES. \?he Co: ion of Miss Barrowcliffe reatly Improved. JERSEY CITY, N. J., Jan. 4.—Miss May Barrowcliffe, the young woman, who was atrociously assaulted at Marion on Friday | Right last, showed signs of mental strength | this morning, more than she has exhibited heretofore since her almost lifeless body | was discover ~d. When she awoke this morning Warden | Osborne asked her how she felt, and she | said: “I am very, very sick.” | Dr. Varick visited her at 11:30 a.m. and dressed her wounds. Thén he held up two of her fingers and asked her how many | there were. She answered “two. hen he held up another finger and she id “three.” Next he held up all | fingers, and she said “tive.” He then asked her if she remembered what happened to her, and she said “No.” No further test was made at this | time, but others will be applied this after- | noon, Dr. Varick says that while Miss Barrow- | cliffe has greatly improved, he does not expect that she will recover her memory | before Friday or, Saturday. } _& pocket book Was found in the mud on | Sip avenue this morning, but the police | have not yet been able to learn that it | belonged to Miss Barrowcliffe. It was | empty. | Ieee) Spee j An Extensive Coal Operator ‘Trou- } ble. HOLIDAYSBURG, Jan. 4.—An execution for $2,278 has been issued against Samuel |S. Blair, superintendent of the Tyrone ani | Clearfield Railroad Company, and a well- | known operator in the Clearfield coal re- j gions. his | THE . CASE ARGUED,| star Reapers axp raz poor. |CAUSE OF MISSIONS. The Ivy Oity Bookmaker’s Indictments in Oourt Today. . Counsel Lay Stress on the Decision of the Maryland Courts—The Two Gambling Acts. When Judge Cole of Criminal Court No. 2 ascended the bench of the court this morning he was confronted by the largest assemblage of racing peopie ever seen be- fore in a District court, the occasion being the hearing of the motion to quash the in- dictments returned against Bookmaker Mar- vin and his three assistants for engaging in bookmaking at the Ivy City race track. The indicted bookmakers were early pres- ent in court, together with their counsel, Messrs. Jere M. Wilson and James Cole- man, but while many of the Ivy City man- agement were also present, President Enge- man was conspicuous because of his ab- sence when the case was called. Mr. Cole- man stated that Engeman was detained in New York, but expected to be here during oom peni ny District Upon the opening of the court, Distric! Attorney Birney Stated that since the ar- raignment of the four men last week two additional indictments had been returned against them, and also against George H. Engeman, and asked that the men be ar- raigned on those indictments. It was agreed, however, that arguments on the mo- tion to quash the first indictment should go ahead, and that all of the indictments should be discussed during the hearing. Mr. Coleman Begins. Mr. Coleman, for the bookmakers, began the argument, stating that he represented law-abiding citizens, who had no purpose or desire to violate any law here or elsewhere. The Ivy City management, said Mr. Cole- man, had come here believing that they would, in establishing racing and betting at the Ivy Cnty tracks, violate no law. They had good reason to so believe, for never be- fore had the act of 1883, relating to setting up and keeping gaming tables or’ other gambiing devices, been construed to pres vent bookmaking beyond the one-mile limit. No district attorney had eve> before con- tended, or even intimated, that the act of 1583 was violated. “Your nonor,"’ remarked Mr. Coleman, “never so construed it, end even my brother Birney had never so con- strued it until it was proposed to run the Ivy City meeting. The tenning races have never been stopped, not even by Mr. Birney, and the races at the iatte> track were a lowed by him to be run until the 1ith of last month. ‘therefore | think, your honor, that it is fair to presume that the Benning races were run with the consent if not with. the approval of tne present dtStrict attor- ney. So it was, your honor, that not until we learned through the local press of the district attorney’s intention in respect to the Ivy City meeting, did we learn that betting Would not be permitted by him at that track.” Forced to Bet. Mr. Coleman then went on to y that Engeman and his associates coming here under the belief that they had a legal right to run their proposed meeting, had spent many thousand dollars in preparing the track and grounds and buildings for the meeting in perfect good faith. When he and his associates learned that they could not bet within their regular betting ring, they had erected a tent outside the mile limit, so as to conform to the law of IN, and when they were informed that they would not be permitted to carry on betting even there, they had endeavored by every means in their power to induce the district attorney to have the question judicially de- termined by a test case. The district attor- ney refused all such overtures, and tinally the Ivy City mafagement were forced, in order to settle the matter, to carry on bet- ting and submit to arrest and indictment. The Two Laws. The only question at issue, said Mr. Cole- man, was, “Did the act of 1883 prohibit bookmaking beyond the one-mile limit He contended that it did not, and he further contended that even if it had prior to the act of I8¥1, the latter act repealed the for- mer one in so much that the act ‘of 1891 was passed for the expressed purpose of legalizing betting beyond the one-mile limit. In support of the latter contention, Mr. Coleman read from the Congressional Record an account of the debate in the Senate rela- Uve to the act of 15¥1, wherein, he claimed, it was clearly demonstrated that it was te openty-declared object of the act to permit betung beyond the one-mile limit. It tue jaw of 1891, said Mr. Coleman, did not repeal the act of ISS3, there stJ! remained tnis question, “Is the carrying on ot bookmaking the setting up or keepii gaming table or other gambling devic ‘The defendants, stated Mr. Coleman, demed that it was. Reterring to a case ube f the fifty-third Maryland reports, cgurt of | appeals, Mr. Coleman explained that in that case the question was, “fs poolsefling and | bookmaking a game of chance or gambling device?” Keading that case at great length, Mr. Coleman reterred to the fact that the Maryland court had decided the question im the negative. It was true that there were dissenting opinions by the members of the court in that case, Chief Justice Aivey, now the chief justice of the District Court of Appeals, being one of the judges who dis- sented. He wouid, therefore, leave the Dis- trict attorney, to read the dissenting opin- jon, and in that way get whatever consola- tion he could out of it. Mr. Birney—1 will be pleased to read it, and many other equally strong authorities in support of my theory. Does Not Apply. Continuing, Mr. Coleman contended that the Maryland law prohibiting games of chance and other gambling devices was almost precisely similar to that of the act of Congress of 1883, and he dwelt at length on the fact that the Maryland court of iast resort had, in the case quoted by him, ex- pressly declared that the law did not pro- hibit or interfere with pool-selling or book- making. In that case, said Mr. Coleman, the court had decided that where the life, liberty or property of a person was at stake, the law alleged to apply should be so plain and explicit that not the slightest doubt of its application should exist. Hence, if a doubt existed in the mind of the court as to the application in the case on hearing of the act of 1Sss, that doubt should, Mr. Cole- man claimed, be resolved to the benetit of the indicted men, and the inaictments charg- ing them with a violation of the act should! be quashed. Mr. Coleman then proceeded to read at length Virginia and other au- thorities sustaining his assertion, he stated, that bookmaking was not such a gam chance or gambling device as to mal act of 1883 applicable. ‘The act of 1883, said Mr. Coleman, specifically refer to bookmaking, and : fore, he denied that it could be succeXgfuily contended that bookmaking was prohi\ited by the act, or, indeed, that the a mated a prohibition of it. Th; not refer to bookmaking was filly apparent, said Mr. Coleman, from. its \ last, section, wherein it was provided that the Bat should be construed liberally to_prevent the evils it sought to correct. “What do you say,” asked Judge Cole, ere the evils referred to by the act?” Why, your honor,” replied Mr. Coleman, “faro, keno and other games of chance; cer- tainly not betting on horse racing. For if Congress had intended such a construction of the law, you would not tind half of its members attending the loca! race megtings.” What He Would bo. Mr. Coleman read numerous aiithdrities in support of his contention that the! edu ts shall construe all penal statutes striciiy, leaving nothing to inference. But ii the court should decide that the act of 1883 did apply, then he would contend that that act was repealed by the act of 18#1, “Suppose, Mr. Coleman,” inquired Judge Cole, “that Congress, at the time the act of IsS3 was passed, did not have bookmaking in mind, but that in wording the statute it was so clearly worded as to include book- makirg, what would you say is the duty of the courts” | “Why, your honor,” replied Mr. Coleman, “I should say it was the duty of the court to so enforce it.” Resuming his argument, Mr. Coleman, while denying that Congress had any in- tenticn of prohibiting bookmaking by the act of 1X3, claimed that Congress, in pass- ing the act of 1891, unquestionably intended to legalize betting beyond the mile limit. President Harrison had, said Mr. Coleman, vetoed an act passed in 1890 because it failed to prohibit betting throughout the in Let All Subscribe Something, No Mat- ter How Little. Subscribers of The Star who desire to take part in the general movement to re- eve destitution in the city can send their contributions to the general committee through the collectors of The Star when they call to make their monthly collections. At ‘is desired that all who can shall make a contribution every month for three months. Let every one give something if it is only a aime. ‘The contribution should be placed in an envelope with the accompanying coupon, properly filled, and handed to The Star's collector. ‘Those who desire to do so may send the envelopes directly to ‘The Star office instead ot waiting for the collector. COUPON. THE STAR SUBSCRIBERS’ FUND. i] | | Cut out this coupon, fillup the blanks and place it to- gether with the umount of your monthly subscription in an envelope to be handed to The Evening Star col- naw go x 3 lu aio 4 QO F#z2e r G fe. & - 8: 5s : S @ 58% . < a s Wo Fee 3 2 @ « 2 FOR THE RELIEF OF THE POOR. pose Congress had overlooked the matter?’ Mr. Coleman replied by saying that the court could not suppose anything; that the law must be taken as it stood. Intention of Congress. Replying to Mr. Birney Mr. Coleman said that it was undoubtedly true that the courts could, in construing a statute, con- sider the intention of Congress in the mat- ter. In fact, said Mr. Coleman, the United | States Supreme Court had, time and time again, so decided, saying that it was the duty of the courts to do so where any doubt existed as to the true intent of the legisla- tive body. Referring to the Benning race meetings, Mr. Coleman stated that it could hardly be contended that it was the negli- gence of the district attorney which per- mitted those meetings to run unmolested, and intimated that they had been run with- out interference because the district attor- ney had never before imagined that the act of 1883 prohibited them. “Suppose,” inquired Judge Cole, “that the act of 188% expressly made bookmaking an offense, would the act of 1501 have repealed ier" “Certainly, your honor,” replied Mr. Cole- man, “but if your honor should find that the act of IS8S% did prohibit it, then Con- gress, in passing the act of 1591, affirma- tively repealed the former act in that part of the District lying outside of the one- mile limit.” r. Coleman cor.cluded his argument at 12:30, and the court then took a recess for half an hour. Mr. Birney Begin After recess, in the presence of an even more crowded court room, Mr. Birney be- gan his argument on behalf of the govern- ment. Before proceeding with his legal ar- gument the district attorney explained that it had been charged that he had failed to agree to a test case. He had only to say that he did not conceive it to be his duty at the request of others to make the court nothing more than a moot court. He aad done what he had conceived to be his duty, and he had no apologies to offer and no re- grets to express that he had done all he could to throttle an iniquity sought to be foisted on this community. It was not tne first case brought under the statute, had been claimed by Mr. Coleman; one Jones had been indicted under the act of ISS}, but Mr. Worthington, district attorney then, Went out of office before the case was tried, nd his successor had dismissed the case. it had been claimed by Mr. Coleman that his -elients were law-abiding citizens, with no purpose or intention to violate the iaw here or elsewhere, but it was a fact, never- theless, that the men of the Ivy City man- agement had been indicted and convicted in New Jersey for doing that which they had sought to do here. “The district attorn Coleman, “is mistaken. ‘Well, then,” replied Mr. Birney, “if you will look up the New Jersey reports you will find that Geo. H. Engeman, his broth- er and Chas. V. Sass, thé latter the secre- tary of the Ivy City club, were indicted and convicted in that state as I have said. nd driven out of that state such law -abiding gentlemen have endeavored to come here to do the same unlawful and wicked things.” Calls Bookmaking Gambling. Proceeding ‘with his argument Mr. Birney referred to the evils which spring from winter racing, and read authorities to show that betting on horse races was gambling pure and simple. The title of the act of 1883 was “an act to prevent gaming,” &c. Because bookmaking was betting on horses running or trotting a race it was contended by the defense that it was not gaming or the keeping or setting up of a gaming table or other gambling device. The Maryland Decision. Much reliance, said Mr. Birney, had been placed by Mr. Coleman on the action of the court of appeals of Maryland, in which it had been claimed that the court had de- cided that pool selling and bookmaking did not violate the state law prohibiting gam- ing or the setting up of a garaing table or other gambling device. It was a remark- able fact, said My. Birney, that the judges ited ao authorities in support of its de- sion. Another Temarkable fact, he said, connection with the Maryland court's ision was that there were three sepa- rate opinions handed down by the six judges hearing the case, Four judges con- curred in the majority decision, though two of the four could rot agree with the reason- ing of the other two. Two judges dissented, Chief Justice Alvey, now of the District Court ef Appeals, and Judge Miller, From Chief Justice Alvey's dissenting opinion, Mr. Birney read at great length, claiming that as it was supported by numerous im- portant decisions, it was really entitled to much more ight than was the majority decision of the court. Bookmaking a Game. It had been contended that it was ridicu- lous to hold horse racing a game, but, said Mr. Birney, he had very high legal author- ity for so terming tt, and he read from an opinion of Chief Justice Cooley of the Michi- gan supreme court, in which Judge Cooley, in delivering the unanimous opinion of the court, declared the term to be a correct one, and the court affirmed the conviction of the proprietor of a pool room under the law pro- hibiting the running of gaming rooms. The Michigan court's decision was one of the authorities, explained Mr. Birney, quoted by Chief Justice Alvey. The opinion of Judge Cooley, in turn, stated Mr. Birney, quoted many decisions in support of the conclusion reached by the court. Putting aside the Michigan decision, which he read at length, Mr. Birney read numerous other American and_ several English decisions as sustaining the posi- tion of the prosecution that a horse race was a game and that betting on it where run on the spot or elsewhere was a game of chance and that the setting up of the paraphernalia of the bookmaker or pool seller was setting up of a gambling device. Continuing his citation of authorities in support of his contention that bookkeeping and pool selling was gaming, Mr. Birney stated that even in Kentucky, the home of racing and race horses, it had been held * interrupted Mr. whole District, and Congress, by passing the act of the following year had ex- pressed ite disapproval of the resident's action. Judge Cole remarked that Congress in 1801 evidently failed to declare bookmaking unlawful, and said to Mr. Coleman: “Sup- that a house where such gambling was permitted was a disorderly house. “But you don't accuse us,” said Mr. Wil- son, “of keeping a disorderly house.” “Well,” replied Mr. Birney, “I come pret- ty near it In the second count of the in- dictment.” The Woman's Foreign and Home Socie#es MeKendree Chureh Holds an Earnest Gathering—Mrs. Stevens’ Account of the Work Being Done. Over 100 interested and interesting women filed the McKendree Methodist Episcopal Churcli, on Massachusetts avenue between 9th and 10th streets northwest, today, all earnest workers in the cause of missions. The gathering was the first quarterly meeting of the Woman's Foreign and Home Missionary societies of the Methodist Epis- copal Church, and all the churches of that denomination in the city were represented in large numbers. The morning session, which began at 10:30 o'clock, was devoted to the foreign missionary work, while the afternoon was taken up in the interest of home missions. The morning session, at which Mrs. J. McKendree Reiley presided, was begun by an opening hour of prayer, singing and Bible reading, in charge of Mrs. A. E. Bovee. The minutes of the last meeting, held at the Ryland M. E. Church, corner of 10th and D streets southwest, were 1 by the secretary, Mrs. Tilton. There was a roll call of the auxiliaries, and then a few minutes were devoted to business of all kinds. Some Business. Various miscellaneous business was trans- acted. It was decided to hold the next meeting on the third Tuesday in March at Wesley M. E. Church, corner of 5th and i* streets northwest, and to hold the summer | sessicn at Hamline M. E. Church, corner of 9th and P streets northwest, in June. Mrs. Dr. Hingeley, the conference secretary, of east Ohio, and Mrs. Beller, wife of the vice chancelior of the American ‘University, were introduced to the society. A commit- tee of three was appointed to arrange for the next meeting, after which Mrs. i. B. Stevens, the branch corresponding secre- tary, addressed the gathering. Mra. Stevens’ Address, Mrs. Stevens said that she was better Prepared, and would rather answer ques- tions than make an address. She made a plea for the published annual report, say: ing that in the mater of advertising Wash- ington had not supported its publication as it should have done. She also spoke of the recent executive meeting and of the invita- tion which she had extended to the united society of the country to hold their next meeting at the Foundry M. E. Church in this city. An interesting glimpse into the methods and working of the general finance committee was given, showing the way in which the estimates were passed upon for all countries in which the work was carried on. Numbers of conversions had been report- ed during the year at the general meeting in St. Paul, she said. Something was also told of the work in the leper colony in India, where Miss Mary Reed is spending her life, and who, although the disease has gained an undeniable hold upon her, is still at work and may live many years yet. An interesting letter from China was read and Mrs. Stevens concluded her remarks with a sketch of the work carried on by the society in Pekin and of its great needs. The financial report for the quarter was next read by the secretary, Mrs. L. H. Til- ton. Many of the auxiliaries had not yet made their reports, but it is estimated that about $450 had been raised throughout the city for the foreign missionary work dur- ing the past quarter in the various churches. No further business coming up the mem- bers, after singing the doxology, adjourned and a social half hour was spent at the lunch tables prepared below. Home Missions. The afternoon session of the joint meeting was devoted to home missionary work. Shortly after 1 o'clock Mrs. W.M. Springer, the president, called the women to order, after which a hymn was sung. An earnest and eloquent prayer by Dr. Baldwin fol- lowed, at the conclusion of which Mrs. S. L. Beiler gave a Bible reading and a brief talk. Meanwhile the room had been filling up and only the last seats in the church were unoccupied. Another hymn was sung and then the minutes of the last meeting were read by the recording secretary, Miss Ella Steinmetz. The report of Mrs. D. B. Street, the cor- responding secretary, was looked upon as showing a great gain made by the society. Among other interesting and important things, it recorded the gift of $2,000 for a hospital in connection with the Deaconess’ Home by some one who did not wish his name known. Mrs. Street also told of the opening of a mission house in South Wash- ington for distributing groceries to the poor in that locality and helping the poor in that neighborhood. The report given by Mrs. Street contained many other encouraging items of informa- tion which interested women, relating to the personal and individual work in the churches, as it did. Reports of an interesting nature were given later in the afternoon by the treas- urer, Mrs. C. W. Brown; by the secretaries of supplies, Mrs. J. T. Turner and Mfrs. I, N, Dally; Mrs. William Burris and Mrs. 5 Roach, who reported the annual meeting at Toledo, Ohio, and the report of the treasurer of the contingent fund, Mrs. c. T. Smith. oi THE TARIFF BILL. It. Friends Will Not Make Speeche: Its Favor. While no formal agreement has been made to that effect, Chairman Wilson of the committee on ways and means says the democratic members of the committee have expressed the opinion that it would be well for them to refrain from taking part in the general debate on the tariff bill. Of course Mr. Wilson will open the debate in a general statement, in accord- ance with the general understanding on that subject. “The members of the committee,” said Mr. Wilson, “will defend the provisions of the bill in the course of the minute debate, but they are so anxious to expedite the passage of the bill that they will probably not deliver formal speeches in its support.” “Will the bill be voted on the 22d?” was asked. “We want to reach a vote at about that date,” was Mr. Wilson’s response, “but there are so many contingencies which may arise in the course of the debate that the day for taking the vote has not been de- termined. It will be about the 22d.” Mr. McMillin said that no course of action had been decided upon by the members of the committee with regard to the debate. “I take it that that is a matter for indi- vidual preference and judgment to decide,” he said. “If I speak it will probably be toward the close of the debate.’ A member of the mirority of the commit- tee said, when asked if he knew anything about the arrangement for democrats not to speak: “That's the first I've heard of it. It can’t be carried out, however, if it has been entered into. Bourke Cochran is sure to make a speech against the income tax feature.” Representative Catchings, a member of the committee on rules, said this afiernoon that no date had yet been fixed for taking a vote on the tariff bill, It would, how- ever, in his opinion, be taken between the 20th and 25th instant. tS eae = Available fer Active Duty. Several naval officers who have been en- jJoying long leaves of absence while engag- ed in remunerative private employment are now available for active naval service under an order issued by Secretary Herbert about the Ist of November terminating their leaves on the 2d of January. In- cluded in the number are Lieut. Commander Wm. Swift, who has been in the employ of a Philadelphia machinery company, and Chief Engineer N. P. Towne, who has been in the employ of Cramp & Co, ee Army Orders, The ordinary leave of absence granted Capt. George Mitchell, second artillery, is charged to leave of abrence on account of sickness. S Leave of absence for three months is granted Maj. George M. Randall, fourth infartry. ———+- + _______ Case Dismissed. The case of Carrier G. W. M. Franklin against Postmaster Carr of Philadelphia has been dismissed by the civil service com- mission. The commission thinks that the discharge of Franklin was warranted. Format FINANCE AND TRADE. Professional Element Still Controll- ing Quotations. SLIGHT ADVANCE IN THE COALERS. atacedliialsstoowilies Reports of Decreased Railway Earnings. GENERAL MARKET REPORTS. | speciat Dispatch to The Evening Star. NEW YORK, Jan. 4.—Introductory figures today recorded fractional variations on either side of last night’s closing, and stocks sold off during the morning on the efforts of traders to market stock bought yester- day. London was irregular and did noth- ing of importance in our market. The bull pool, said to have been organized for the purpose of marking up values, did not ma- terlalize this morning, and the professional element's claim to supremacy remains un -ad | disputed. The coal stocks were all strong on the reported formation of a strong bull pool, and scored substantial gains, Lackawanna advanced 2 3-4 per cent to 165. Reading gained 1 per cent to 19 3-8, and Delaware | and Hudson sold up to 135 3-4, a gain of ¥ | 3-4 per cent. | Continued covering of the short interest j@ the Grangers markcd up the price of j that ciass of stock from 1-2 to 1 3-8 per cent. St. Paul sold off 1-2 per cent at the opening and then advarced 1 3-8 to 36 3. Rock Island gained 5-S per cent to 64 Burlington gained 1 1-5 wo 76 1-8, and Mis- souri Pacific gained i per cent to 2 1-2. Weetern Urion was erratic in its move- ments, declining 1 1-4 per cent on early trading to 82 3-4, and then rallying sharp- {ly on @ fair demand to 85 1-4. The industrials were all improved and modcrately active. Sugar sold up 1 1-4 per cent to 79 1-2. Gencra) Electric gained 1 1-4 per cent to 34, and Chicago Gas gain- ed 1 1-4 to #2 Lz The market responds with considerable bromptness to any special demand for j Stocks, but such demand coming almost en- tirely from the pessimistic bears is usually | Short lived, and leads to the creation of a new short interest at improved figures. Railroad earnings reported today were not encouraging, St. Paul's decrease for the jimonth of December being $757,444; Cana- dian Pacific for the same period decreased $224,000, and Norfolk and Western de- creased $98,633 for the month, but increased a AS for the fourth week over same period | in’ 1892. The foreign exchange market holds firm at unchanged rates on limited transactions and shows no important change in general conditions. Money rates were unchanged at 1 per cent for call and 21-2 and % per cent tor time | loans. In the present over-stocked condi- tion of the money market, rates and condi- tions are made to conform in a great meas- ure to the immediate needs of the borrower. | The clearing house statement shows the daily handling of semi-2nnual interest and dividend checks in the increased volume of Exchanges today aggregated | $109, 158,540; balances, $8,131,614, and the sub- | treasury’s debit balance, 5 i | Rumors of new pools and coming into the market were renewed dur- ing the afternoon and traders immediately precipitated a rally in their eagerness to adopt the prevailing sentiment and transfer their interests to the long side of the mar- ket. Several prominent operators, said to be interested in the new campaign, denied all knowledge of the movement and considered it @ device of traders to start a rally. ‘The market closed strong at net gains througb- out the list. See eee FINANCIAL AND COMMERCIAL, The fol the lowest, and ti stock Del. x Den. mS cc ae Dis. &ceate Pesi'«. 22 BG Fad an Ditinois Central 20 oa F Washington Stock Excha Sales—reguiar call—i2 o'clock m.—Wash- ington Gas, 12 at 49. Government Bonds.—U. 8. 4s, registered, 112 bid, 113 asked. U. S. 4s, coupon, 1907. 112 bid, 113 asked. District of Columbia Bonds.—20-year fund 5s, 105 bid. Water stock 7s, 1001, currency, 115 bid. ‘year fund 6s, gold, 115 bid. Wa- ter stock 7s, 1M, currency, 120 bid. 3.65s, funding, currency, 108 bid. Miscellaneous Bonds.—Washington and Georgetown R. R. conv. 6s, Ist, 140 bid, 160 asked. Washington and Georgetown R. R. cony. 6s, 2d, 140 bid, 160 asked. Masonic Hall Association 5s, 103% bid, 110 asked. Washington Market Company Ist 6s, 105 bid, 110 asked. Washington Market Com- pany imp. 6s, 105 bid, 110 asked. Washing- ton Market Company ext. 6s, 100 bid, 110 asked. American Security and Trust 5s, 1905, A. and O., 100 bid. American Security and Trust 5s, 165, F. and A., 100 bid, American Security and Trust 5s, i906, A. and O., 100 bid. Washington Light Infan- try Ist 6s, 1004 asked. Washington Light Infantry 2d 7s, 100% asked. Washington Gas Company 6s, series A, 116 bid. Wash- ington Gas Company 6s, series B, 117 bid. Washington Gas Company conv. ts, 130 bid, 140 asked. Eckington R. R. 6s, 100 asked. Chesapeake and Potomac Telephone 5s, 0 bid, 103 asked. Capitol and North O Street R. R. 5s, asked. Metropolitan R. R. conv. 6s, 100%, bid. 105 asked. UL S$. Electric Light conv. 5s, 112 bid, 120 asked. National Bank Stocks.—Bank of Wash- ington, 300 bid, 3%) asked. Bank of the Ri public, 220 bid. Metropolitan, 260 bid, 296 asked. Central, 260 bid. Second, 13 Farmers and Mechanics’, 170 bid. € 140 bid. Columbia, 110 bid, ital, 108 bid. West End, Traders’, 100 bid, — asked. Lincoln, s7% bid, 9 asked. Ohio, 85 asked. Railroad Stocks—Washington and George- town, 240 bid. Metropolitan, #5 asked. Co- lumbia, 60 bid, asked. Capitol and North © Street, 27 asked. Eckington and Soldiers’ Home, asked. town and Tenally- town, 32 asked. Insurance Stock: Firemen's. 38 bi. Franklin, 45 bid, asked. Metropolitan, 70 bid. National Union, 12% bid, 16 asked. Corcoran, 6 bi Arlington, 160 asked. Columbia, 1% bid, 144% asked. Germai Potomac, 70 bid, American, 150 bid. asked. iy bid, 7 asked. People’s, bid, Lincoln, 7% bid, 8 asked. ‘ommercial, 4% bid, 5% asked. Title insurance Stocks.—Real Estate ‘Ti- tle, 113 bid, 125 asked. Columbia Title, 6% bid. Washington Title, 5 bid. Gas and Electric Light Stocks.—Washing- ton Gas, 48 bid, 50 asked. Georgetown Gas, 48 bid, 55 asked. U.S. Electric Light, 112 bid, 118 asked. Telephone Stocks—Pennsylvania.47 asked. Chesapeake and Potomac, 45 bid, 48i asked. American Graphophone, 2 bid, 24 asked. Miscellaneous Stocks.—Washington Mar- ket, 12 bid, 15 asked. Great Fails Ice, 110 bid, 130 asked. Bull Ran Panorama, 2 asked. Pneumatic Gun Carriage, G8 asked. Lincoln Hail, 100 asked. Inter Ocean Build- ing, 100 asked. Safe Deposit and Trust Companies.— tional Safe Deposit and Trust Company. 127 bid, 10 asked. Washington Safe De- by , Bias; ao. | Srade, 37ad%s. Oats quiet but steady—No. 2 white western, ‘1a3sle: No. 2 mixed west- ern, a33ty—: ) bushels; stock, 147,490 bushels. Rye neglected—No. 2, 48— receipts, 1,113 bushels; stock, 60,309 bushels. Hay quiet and steady—good to choice tim- othy, $14.50a$15.50. Grain freights active, firm and unchanged. Cotton steady—mid- dling, Sc. Butter quiet—creamery, fancy, 2; do, fair to choice, 25328; do. imitation, Zia2 2la22; 4 . Other un § BALTIMORE, Jan. 4.—Virginia threes, 71 asked; Baltimore and Ohio Southwester® Consolidated Gas 5%. firsts, 104 bid; Stock, —_--— Chicago Grain and Provision Markets. Reported by Silsby a bankers and brokers, Metropolitan Bank ‘building. RESIDENTIAL NOMINATIONS. Mr. Ross Renomipatea ax Commis- or—Other | | ‘The President today sent to the Senate the following nominations: John W. Ross, Commissioner of the Dis- trict of Columbia. Perry T. Cumberson of New Jersey, as- sistant appraiser of merchandise in the dis- | trict of New York, Tully Brown, United States attorney for the middle distzict of Tennessee. Frank Clarendon Cook of the District of Columbia, assistant surgeon in the navy. Postmastern. Maine—Thomas J. Lynch, Augusta, Massachusetts—Miss Louise Imogen Gul- |ney, Auburndale; Ellen A. Meehen, Brook- field; John E. Brown, East Pepperell; Ellis |. Brake, Gardner; Michael J. Griffin, Ho- jlyoke; Charles S. Ashley, New Bedford; | Frederick L. Churchill, Plymouth; Merten . Woodward, Shelburne Fails. New York—Treadwell B. Kellum, Babylon; john Whaling, Cartege; James Elliot, J | Chatham; John J. Heliohan, Chester; Rob- ert 8. Armstrong, Cuba; Charles T. Alver- , Son, Deposit; Thomas P. Hefferman, Dean- | kirk; Camiljus P, Roge-s, Huntington; John A. Rasbach, Dion; George W. Apgar, Itha- ca; James A. McDonald, Mamaroneck; | George Kirkland, Oneonta; John H. War- den, Portville; James C. Brophy, Shorteville; | John I. Kane, Sing Sing; Ernest T. Pietche Tupper Lake; Emerson 8. Crandall, War- | Pensbure; Melville Griggs, Worcester. | Pennsylvania—George B. Nye, Elwood | City; John E. Malone, Lancaster: John 1, | Stauffer, Millersville; W. FP. Walsh, Smeun- | port | Maryland—John A. Fiannery, Laurel. Virginia—John G. White, Abingdon; Em- mett M. Morrison, Smithfield. North Carclina—Rowan C. Charles, High Point. Alabamia—Charlés IF, Rankin, Brewton. Mississippi—iila Harris, tlagtehurst; Ab- | mer K. Northrop, Pass Christian; John C. | Edwards, Yazoo City. = ee irginia—Miife rd M. Smith, Elkins; . H. Marcum, Huntingtod; Wm. P. Camp- bell, Welisbarg. | Ohio—William Bileckner, Oakharbor; Kd- ; Ward M. Young, Gambier; Allen T. Cowen, | Batavia; Charles A. Wyckoff, Celina: | Charles E. Critchiield, Mount Vernon; Proc- | tor &. Seas, Orrville; James E. Montgomery, | Van Wert. | Kentucky—Samuel B. Holmes, Frankfort; Charles I. Weaver, Louisville; John W. Rout, Stanford. Nilinois—James F. Robertson, Camp Point; William Lee, Carey; John Culbertson, Dela- van; Allen G. Clampitt, Highwood: Leonard W. Chambers, Jacksonville; Ephriam A. Ray, Oregon; Samuel W. Taliaferro, Rose- ville, Indiana—Ragar A. Smith, Converse; David Fawcett, LaGrange; Ossian H. Cook, Pendieton; Adam R. Ebert, Hammond. lowa—-W. €. Scrimgeour, Belle Pisine; John F. Kent, Dows; W. J. Branagan, Em- retsburs: Anthony Thoma, Lemars; Ar- nold Smouse, Mount Vernon; James’ Par- | den, Rock Valley; Joseph M. Bishop, State | Center; Martin G. Stiger, Toledo. Kansas—Thomas M. Bixby, Herington; | Clyde McManigal, Horton, Minnesota—Arthur J. Fiynn, Caledonia, Missouri—Charies K. Mili, Maiden. Nebraska—keward W. Kenkin, trooper. Michigan—John Fanning, Albion; George | M. Deady, Bad Axe; JohnH. Micok, 4 Jacob Baar, Grena Haven; George 5. Stout. Lake Arthur A. Henderson, New ser- “haries A. Downer, Northvitile. Arkansas—Thomas J. Davis, Sprinedate, | , Texas—William HM. Dickson, Clarksville; | John M. Carroll, Hubbard; Dolite F. ‘Thomp- | Son, Pittsburg. Arizona—Krisby B. Logan, Yuma. Catiforna—frank Bucholtz, Fort rage; S. J. Mayock, Gilroy; Fannie Ingram, Mon- terey; George K. Sawyers, Santa Barbara; S. M. Dodson, Santa Ciara. Colorado—George Hi. Clark, Breckenriage; 4 Marcus Leahy, Central City; 1. J. York. Uuray; Dan Flisher, Silvertoy South Dakota—Albertis Parmenter, Scouand. Wisconsin—Henry G. Kilsworth, #arron; Nelson H. Biddlecom, Menekawnee; Fred Myers, Prentice. ————_—+2+.____. DISTRICT IN CONGRESS, The Service Connection BIN bat Goes Over—Other Matters. Senator Picetor today endeavored to se- cure action by the Senate upon the House bill 4571, making service connection with water mains aud sewers of the District of Columbia. A letter of the Commissioners, | dated September 20, 189%, which resulted in the ammendation of the Senate bill and the final substitution of that bill for the House bill in the House, was read, and tea to a discussion, inaugurated by Mr. Gor- man, as to whether or not the bill, as it passed the House, does not contain a pro- | vision that renders future appropriations | Necessary. The bill provides that the Com- | missioners are authorized, whenever ne (street or road is about to be paved or macadamized, to make-service connec- tions in such streets for all abutting low and premises with the water mains and sewer provided for the service of those premises. The entire cost of such connec- tions shall be paid from the current ap- Propriations for the extension of the sewer and water supply system, and shall be as- Sessed against the abutting property and collected iniike manner as assessments | which are levied under the compuiso! | Permit system. Mr. Gorman asked that, in | View of the doubt that existed in his mind | #S to the exact scope of the bili, it might | be allowed to go over until Monday. Sena- | tor Proctor said that though. in his opin- ion, the biil does not call for any additional appropriation, he was willing to accom- te Senator Gorman, and the bill, there- fore, w Postponed until Monday. Paver the Appropriation. | Senator Harris yesterday handed to the | Senate a communication from Commissiva- | er Ross forwarding resolutions of the jocal | carpenters’ council in indorsemeat of an | appropriation of public money for the em- | Ployment of the worthy pogr. e+ Permit for a New Church Botiding. Building inspector Entwiste today issued @ permit for the erection of the Church of the Advent of the Protestant Episcopal denomination, to be located at the corner lof 24 and V streets, Le Droit Park. The plan for the church was made by Architect William M. Dudley and shows a structure 2 by 5S feet, one story high and construct- ed of red brick. The spire is gothic and the seating capacity will be about 350. Robert McDonald is_the builder. The church will cost about $7,000, > Range of the Thermometer. The following were the readings of the then | Mometer at the weather bureau today: 8 a. m, 39: 2 p.m., 50; maximum, 50; minimam, 36 —nenlipetereae Prime Minister Crispi has sent a circular to the prefecis of the various provinces di- recting them to use every means in their power to prevent the hoiding of anti-French meetings The Italian war minister has sent quvo more troops to Sicily.