Evening Star Newspaper, March 9, 1894, Page 1

THE EVENING STAR. PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR BUILDINGS, 1201 Pennsylvania Avenue, Cor. Lith Street, by The Evening Star Newspaper Company, S. H. KAUFFMANN, Pres't. ‘Tar EvENtne Stak ts served to subscribers in the city by carriers, on their own account, at 10 conte week. or 44. Br month. Copies at the coun- ; cents each. y mail—anywhere in the United sad or Cansda—postage prepaid—Sv cents per SAT RDAY QUINTUPLE SHEET ST, de! ‘year; with forsien posta’ aided #20) 0 ©2-00Per: (Entered at the Post (ffl Bs second. pail Che Lvening Star. sam | Vor 84. No. 20,828. WASHINGTON, D. C., FRIDAY, MARCH 9, 1894-TWELVE PAGES. MADELINE IN TEARS Scenes Today in the Pollard-Breck- inridge Trial. THE PLAINTIFF APPEARS IN COURT The Opening Statement Made and Testimony Taken. MRS. BLACKBURN EXAMINED Miss Pollard appeared in court today to be present at the trial of her suit against Representative Breckinridge. The opening statement of the case was made by Mr. Carlisle, who made plain a point on which there has been some misapprehension; that is, that damages are sought by the plaintiff on account of breach of promise of mar- riage only, and not for seduction, no such action as a sult for damages for seduction being known to the law here. The exami- nation of witnesses was begun and the trial was fairly opened. Today the trial had many elements of in- terest. There was a dramatic scene when the plaintiff for a brief minute confronted the defendant; there was a mystery con- cerning some books that had been, it fs said, spirited away—four volumes of Wash- ington Irving that may cut in the case the same important figure that “Chops and Tomato Sauce” did in the famous case of Bardell vs. Pickwith—there were tears shed by the fair plaintiff; there was a sharp cross-examination and a somewhat peppery witness; there was a detailing of the wrongs of the plaintiff. Miss Pollard and Mr. Wilson. One of the jurers wore conspicuously @ large buttonhole bouquet when he entered the old court room this morning; some of the benches had pinned upon them pla- ecards inscribed “For ladies only” and there were other evidences that it was to be ladies’ day in court. In view of the fect that the plaintiff was expected a new arrangement of seats was made, the row in front nearest the judge being as- signed to the plaintiff, her counsel and her friends, and behind that being a row of chairs and tables for the defendant and his counsel. There was, if possible, even @ greater pressure for admission at the doors than yesterday, but the marshal and his officers exercised care not to let the court room become uncomfortably crowded. The halls outside were thronged with people unable to get admittance and who were compelled to be satisfied with a view of the parties to the suit as they passed through the hall on their way to the court room. ‘The audience today Included a number of the plaintiff's own sex. Among the ladies present were Mrs. Luke P. Blackburn, who was the first witness to be called to the stand, and Mrs. Desha, a sister of the late Mrs. Breckinridge. The Plaintiff. Of course the interest of the spectators was centered in the plaintiff. She was among the first to arrive and was accom- panied by two of the ladies connected with the House of Mercy, where she has recently made her home. Miss Pollard, who is s!en- der, was attired in a dark dress and a tight neatly fitting coat of dark material with a double row of buttons, 3he wore black cloth gloves. Her thick brown hair was bound up in a large coil, and she wore a flat black hat, fastened on with a black ribbon that passed under her chin. The only sign of jewelry was a gold or gilt hat pin. Altogether she was taste- fully attired. It was the first view that most of the people present ever had of her, and they scanned her face intently.She is not what would be called a pretty woman. Her profile is finer than a full view of her face. Her nose is quite large and turns up im a very marked manner at the end. Her eyebrows arch inward, and that gives her eyes an inverted Japanese look. Her mouth, too, is wide, and her upper lp a little too long to accord with the rules of beauty. When she conversed, as she did at times, with her counsel, her face became animated, and appeared more attractive than when it was in repose. When she entered the court room with her two friends she bore the ordeal well. She took the seat assigned her, and sat with her hands folded in her lap, looking | very meek indeed. One of her companions was an elderly lady, dressed severely in | black, with just a fringe of white around the edge of her bonnet. The other was a Woman about Miss Pollard’s own age, at tired in a dark olive costume, and not hav- ing at all the appearance of a recluse. Mr. Breckinridge arrived later than Miss Pollard. He carried a leathern bag fuil of Papers, and went directly to his seat with- out seeming to notice the presence of Miss Pollard. All the lawyers were present, and u surt opened a few minutes after 10, the first thing in order being the opening Statement of the case, in which Mr. Car- lisle told ax the plaintift's story, and what it ts expected to prove. ‘Their Eyes Met The moment Mr. rlisle began his re- marks Miss Pollard, who was sitting be- side Mr. Wil while on ner right were the sisters from the Home of Merc: @eliveratcly turued about in ner chair un- til she faced the defendant, who sat be-{ tween Mr. Butterworth and Mr. Thomp- son, of his counsel, to her ieft and back of her but a few feet, and half rose in her chair. She was evidently on the point of saying something to him, when the lady next to her caught her by the arm and whispered to her. At first the touth and words had no effect upon Miss Pollard, who still endeavored to rise in her seat. When she made the first movement Mr. Breckinridge was not looking toward her, but in a moment he happened two glance toward her. For an instant he looked her squarely in the eye, but only for a mo- ment. Then he turned his head away, not, however, before his face flushed and his eyes dropped beneath the slance of the laintiff. As he turned his head away Miss Potiara again attempted to rise in her chair. Her lips moved as if si:e would speak the thoughts within her, but it was then that Mr. Wilson’s attention was at- tracted to his client, and, placing a re- straining arm about her, he whispered words of advice in her ear.’ His words and those of the lady beside her calmed the now intensely moved woman, and she sank back in her chair, while her *rame shook with pent-up emotion. As she sank back into her chair Miss Pollard’s head fell back- { ng Mr. Carlisle Addresses the Jury. ward on the arm of the sister, her eyes closed and it seemed as if she would swoon away. Both Mr. Wilson and the lady bent over her and again whispered words of comfort and encouragement. Their words soon had the desired effect, and <hce plaint- iff slowly recovered her composure. Then, in turning her back on the defendant for the first time since she had started toward him, her feelings found relief in tears, while her frame again and again convul- sively shook with emotion. The Plaintiff in Tears. Meanwhile Mr. Carlisle, unconscious of the scene enacted behind his back, con- tinued to lay before the jury a history of the case from the standpoint of the al- leged terribly wronged woman behind him. As he proceeded to tell in a plain, mat- ter-of-fact manner the plaintiff's story, the central figure of that story sat with el han bowed head and lowered eyes, struggling to maintain her com- posure. A terribly hard struggle it was and time and time again tears gave the re- lief which neither the soothing words of counsel and the sisters beside her could bring. As he told of the first meeting between the plaintiff and the defendant and of the first wrong step taken by the woman Miss Pollard’s form again trembled violently, while the tears burned their un- ceasing way down her cheeks unrestrained. The sisters wisely refrained from further Mr. Butterworth Wants the Described. interfering with their charge and out of that comfort which comes to womanhod from unrestrained tears the plaintiff gath- ered strength which sustained her during the remainder of Mr. Carlisle's remarks. . The Defendant. Of course defendant was during all this time fully aware of the condition of the woman he 1s alleged to have so cruelly wronged, as she vainly struggled to con- trol her emotion, but, though he now and then glanced toward her, his face was in- scrutable, his looks betraying nothing more than mere curiosity. Most of the time he sat well back in his chair, hands clasped and resting on his lap, while one leg was thrown carelessly across the other. Now and then he bent his head toward Mr. Butterworth or Mr. Thompson, and spoke a few words to them. Nothing whatever that Mr. Carlisle stated to the jury had any visible effect upon Mr. Breckinridge. The words of the counsel seemed to be taken by him as matters not new and de- cidedly uninteresting. During a little skir- mish between counsel over the production of four mysterious books he did become rather interested, and was evidently not a little disappointed when Judge Bradley de- cided against him. When Miss Pollard at- tempted to speak during the controversy over the books the defendant took little, if any, real notice of her, seemingly viewing her movements with the utmost indiffer- ence. To the testimony of Mrs. Blackburn Mr. Breckinridge paid the closest atten- tion, and more than once his face, now much flushed, assumed a deeper hue, especially when the witness referred to his conduct as not being that of a gentleman. ‘When the court was opened Judge Krad- ley excused the jurors not impanneled cn this case until next Monday morniag. Mr. Carlisle Opens for the Plaintiff. Mr. Carlisle then arose and addressed the jury, making the opening statement for the plaintiff. The action they were called upon to decide, he said, was an ac- tion for breach of promise of marriage. The allegation was that the defendant had made a promise of marriage and had broken it. Mr. Carlisle thereupon began reading the declarations made by the Books Miss Pollard is Affected. plaintiff in the bill filed in the suit asking | for $50,000 damages for such breach of | promise. Miss Pollard Agitated. Miss Pollard, who up to the time Mr. Car- lisle rose had seemingly been self-possessed and almost indifferent to her surroundings, now showed much agitation. She turned about in her seat so her eyes cauzht those of Mr. Breckinridge, sitting behind her. They looked steadily at each other for fully a moment. Then Miss Pollard turned away. Her mouth twitch and she seemed about to break out into a fit of weeping. Her whole slender body seemed to be racked with emotion, and she covered her face with her handkerchief. Then the lady beside her produced a bottle of salts and administered some of its contents by means ¢? a 1 «Continued on Seventh Page.) TWO CENTS. Hi =Am index to advertise- ments will be found on » Page 3. Argument of the Republicans at Trenton, N. J. THE QU0 WARRANTO PROCEEDINGS Trying to Determine the Legal Senate. POINTS IN CONTENTION ae TRENTON, N. J., March 9.—When the supreme court opened this morning Samuel H. Grey resumed his argument on the part of Mr. Rogers in the quo warranto proceed- ings. He said that the title of the office of Sen- ator was drawn from the people, and the evidence of their election was the return of the board of canvassers. The statements of these determinations of election boards should be taken as prima facie right of the persons holding them to the body to which they are directed. Such persons cannot be excluded by any power. This was a stat- utory right and not a privilege. It was a political right. This right excludes the right of the Senate to judicial functions. The power of passing upon the election and qualification of their own members was not in the old members alone, nor in the new members, but in the organized house. Mr. Grey could not see how there could be a continuous, never-ending Senate. He then proceeded to show that the Sen- ators-elect had the same powers with old Senators. The only power given to individ- ual Senators was to swear the Senators- elect, and only the Senators elect were given this power. In ansewr to questions by Justice Abbett, Mr. Gray stated that as a body the senate became extinct at the end of each year. This was shown by the selection of tem- Porary officers at the opening of each year and was confirmed by the election of per- manent officers. In forty years no officer of the senate had continued his functions into the next year, and as the senate is only a part of the legislature and as the constitution fixes a time for the end of the legislative year, he could nos see how it was possible for ‘one branch of the legislature to continue over for another year. Mr. Gray argued that Mr. Adrain never occupied any official po- sition even to the minority. The result was that Rogers was occupying the only office recognized by the law and there was no occasion for a writ. The speaker described how the democrat senators met and were not inclined to let in the republicans. The latter finally en- tered through a crack in the door in a man- rer resembling that of being fired from @ catapult. When they entered they found some sort of an organization. Was it any wonder they were surprised to find an ap- parent organization in which they had the right to participate? Mr. Stokes inquiring about this organization broke no rule, for, as the house had not organized, there were no rules to break. He declared that. when Senator Voorhees defied the sergeant-: arms who was directed to t him and this Was not done it was an evidence that the getieman who assumed to be the .mouth- Piece of the house and those who partici- pated realized that they did not possess the power they claimed, or they would have asserted it at this time. Adrain never took the oath. He did not seem to regard himself as a constitutional officer, nor did the others. If he were president by reason of his being president last year, there was no need of his being made temporary pres- ident. The power to adjourn was the only one given to the minority by the Constitution. Tke House was given power to authorize the minority to enforce the attendance of members, but the minority within itself had no such power. - In closing Mr. Grey said that the con- dition of affairs was outrageous and scan- dalous, but he hoped the court would not give it the sanction of law, which would make it infinitely worse. They could re- fuse the writ, and thus settle the matter in favor of Mr. Rogers, who had fulfilled all the requirements of the oftice. Mr. Allan L. McDermott spoke after Mr. Gray on the part of Mr. Adrain. Mr. Me- Dermott contended that the legislative scheme of the constitution contemplated a continuous body, composed of three classes | of senators. There was nothing in the con- stitution preventing the election of a presi- dent for three years. The argument that the senate, which is to judge its own mem- bership, must be composed of one member from each county in the state was falla- cious; as shown from the constitution, no man was entitled to a seat in the senate unless he was elected to that body. No one could finally say that a senator had been elected except the serfate itself. His certiti- cate was prima facie evidence that the per- son named therein received the highest num- ber of votes cast at the election. The sen- ate may receive the certificates as evidence. If the candidate receiving the certificate were convicted of bribery between election and the assembling of the legislature, or if he were discovered not to be the proper age, he would not become a senator. etait “NO MATTER WHO SUFFERS.” The Governor Declares That the Troy Tragedy Must Be Investigated ALBANY, N. Y., March 9.—Governor Flower this morning said to the Associated Press representative: “I have sent for Mayor-elect Molloy and have told him that the bottom of the Troy affair must be reach- ed no matter who suffers by the exposure. He has promised me to do all in his power to aid in bringing the guilty ones to jus- tice. If I find that there is a disposition to shield any one or drop the matter, I shall take a hand in it myself, but at present I cannot seriously interfere with the authori- ues.” “Have you anything to say as to the charge that your failure io sign the bi-par- tisan inspector bill was the primary cause of the murder?” “I hardly feel like discussing that mat- ter because the charge is foolish on its face.” A The funeral of Robert Ross, who was killed in Tuesday's election riot, took piace toda and was attended by thousands of al) the factories and stores being p. Cards had been circulated in- “Robert Ross, martyr,’’ and giv- The sermon scribed, ing the hour of the funeral. was preached by the pastor of the Fifth Avenue Presbyterian Church, W. H. Sy- brant, assisted by the Rev. Dr. Williamson and the Rev. Mr. Hinds. The republican’ newspapers are today urging the arrest of one Jerry Cleary, who is said to be the repeater that Shea was putting through when the fracas occurre Chiet of Police Willard said this morn. ing: “We are rapidly getting evidence to- gether and there is no doubt that the guilty persons will be convicted.” His Explanation of Miss Aldersley’s Death. SAN FRANCISCO, March 9.—Dr. James L. Leek, who with Miss Alice Aldersiey was found in an unconscious condition in the former's apartments last Monday suf- fering from effects of poisons which | roved fatal in the case of Miss Aldersley, ered sufficiently last night to tell his of the story to a Call reporter. Dr. Leek said that on Saturday night Miss Atlersiey accompanied him to the theater; that aft leaving the theater he purchased a bottle of cherry pectoral, and the pair went to bis apartments, where they spent the 1 During the following night, which they also spent together, Miss Aldersley got up and prepared u dose of thi which was partaken of t afterward the girl became unconscious, and as she showed symptoms or which she was subject, Leek got securing # bottle of ammonia attem; restore her, but while so doing he vec: unconscious also. Leek says Miss Aldersle a deli- cate condition was insanely jealous of a lady to whom he was engaged to be mar- ried. was in Bills Favorably Acted on by the Senate Committee, The Pool Selling Bill and the One In- creasing the Pay of Police Patrol Drivers. The Senate District committee held its Tegular meeting today and took action upon several matters. Senator Gallinger was directed to report favorably, with amendments, the bill Senate 1280, for the promotion for anatomical science and to pre- vent the desecration of graves in the Dis- trict, introduced by Senator Morrill on the 14th of December. The bill in effect gives to the medical colleges of Washington the unclaimed bodies of persons who would otherwise be buried in potter's field. The Pool Selling Bill. Senator Gibson was instructed to make a favorable report on Senate bill 1680, enti- tled “A bill to more effectually suppress gambling in the District.” This bill was introduced on the 20th of February by Sen- ator Blackburn, and is for the purpose of excluding the spring and fall meeting of the Washington Jockey Club from the pro- visions of the act of January 31, 1803, sup- pressing gambling in the District. The Lis- trict Commissioners recommended the adop- tion of a substitute bill, designed to make the law more certain and to accomplish the same purpose as the Blackburn bill. Con- siderable discussion was had in the commit- tee this morning over the question of sub- stitution, and it was decided to report the Commissioners’ bill in Heu of the Plack- burn bill. Several Other Bills. Senator McMillan was directed to report favorably 1503, establishing harbor regu- lations for the District. This bill was in- troduced by Senator Harris January 25, by request. The bill was drawn by the District Commissioners. Senator McMillan was also instructed to report favorably joint resolution of the Senate No. 63, changing the name of 16th street to Executive ave- nue. Senator MeMiilan was further in- tructed to report favorably Senate bill 1500, creasing the pay of the police and ambu- ance and van drivers of the District to $50 a month, with certain amendments and the recommendations that it be sent to the com- mitte on appropziations. ‘The Hale Resolution, The committee requested Chairman Har- ris to return to the Senate the resolution in- troduced the Sth of February by Mr. Hale, directing the Commissioners to inform the Senate by what authority the 15th street transfer shed is being constructed. This resolution, which created considerable dis- | scusion in the Senate, was amended by the committee in this particular that whereas the original goes onto say “the same being an obstacle to travel and presenting an un- sightly appearance to the public,” the com- mittee made it say that the Commissioners t whether the same !s an stacle to travel,” ete. In other words the committee is desirous that the Commissio: ers shall be made the judges of the unsight- Ss or inconvenience of the shed. The resolution was later reported by Mr. Harris and placed on the calendar. Against the Babcock Amendment. Senator Hansbrough today presented pe- titions of a large number of ministers and citizens of the District protesting against the adoption of the Babcock amendment to the District liquor law. Senator Pettigrew today gave notice of an amendment which he proposed to present to the deiiciency . 5 $2,000 Te alogue of the books in the Congressional Library and search- tor missing documents for the Senate T. Crerrey files. Board of Audit Certificates, Mr. Coj ell has introduced a bili in the House directing the treasure of the United States to pay to the holders of all board of audit certificates redeemed by him under the act of ISS” the residue of two and thir- ty-five hundredths per centum per annum of unpaid legal rate of interest due upon those certiticates from their date up to the date of approval of the act providing for their redemption. The treasu is also directed to redeem and pay all the remaining outstanding bonds of the District known as the “green- back 8 per centum bonds,” with interest, as specified the bonds, from their date to the app 1 of this act, and shall be computed as if evidenced by coupons. The treasurer is directed to sell sufficient amount of the unissued three-sixty-five bonds of the District to cover the provis- ions of this act. Si eee TO FLOAT THE KEARSARGE, The Contract for the Work Awarded by Secretary Herbert. Secretary Herbert has awarded to the Boston Towboat Company the contract for floating the Kearsarge off Roncador reef. As the documents have not yet been signed the exact figures are not given out, but the total is within the $45,000 appro- priated by Congress. Work will commence at once, as the time is short within which the wreck may be reclaimed. The naval officials have also become alarmed at the merciless plundering of the vessel by the natives of New Providence and vicinity. So long as this is confined to guns of ubsolete type and the movables aboard ship the mat- ter is not felt to be serious, but there is a fear that the wreckers may set fire to the hull of the Kearsarge in order to get at the brass and cther metal used in its con- struction. In this case there would be no chance of saving any part of the vessel. so the Boston ‘Towboat Company has been bound to push the work with all speed and it is expected that within a week their wrecking boats will be on their way to the Caribbean sea, and inside of a month it will be known whether the attempt to re- claim the Kearsarge is likely to be crowned with succ ee THE BLAND SEIGNIORAGE BILL. If the President Vetoes It It May Pass Over the Veto. It is the expectation of the managers of the Bland seigniorage bill in the Senate that the bill will be passed before an adjourn- jment of today’s session is had. Whether this expectation is fulfilled or not, no doubt is entertained that the bill will pass. The seigniorage men do not think it probable that Mr. Cleveland will veto the bill when it is sent to him, though he does not like it, but should he do so they believe that it will be passed over his veto. +e Mr. Wilson's Condition, Representative Breckinridge of Arkansas has received the following telegram from the son of Representative Wilson concern- ing the latter's condition: GUADALAGARA, Mexico, March 8.—Fi ver ; very weak and much ema- m W. H. WILSON, regarded by Mr. ouraging, as the refer- weakni and emaci- s se-colored reports received he son left for Mexico as soon as | the first alarming reports of last week were | re and his telegram was sent soon | after reaching his fat 's sick bed. _—_—_—_-e—_—— The Lancaster at Colombo. | The U. S. S. Lancaster has arrived at Colombo, Ceylon, on her way home from China via the Suez canal. inridge as en e to Mr, Wil: dis; of late. ee War Department Changes. Waldo W. Valentine of New York, clerk, cless 1, record and pension office, resigned. 1 ank G. Murphy of Wisconsin, copyist, | at $000, record and pension office, resigned. Mr. Richardson Makes His Report on the New Bill. PREVENTS FORFEITURE OF CHARTER The Judgments Controversy to Be Settled by the Courts. UNDERGROUND WIRES Mr. Richardson’s report on the bill ex- tending the time of the Metropolitan Rail- way Company in which to change its mo- tor power was submitted to the House late last evening. The report reviews at length the history of the company’s efforts to change its motor power, and says: “The drastic requirements of existing law compel the company to now adopt an un- derground system other than cable, and which in the present field of development requires that system to be an electric one. The company states it has made full in- vestigation, both in this country and abroad, of the electric systems now in op- eration, and is encouraged to believe that it can successfully operate such a system here. It asks one year’s time in which to make such change upon its Yth street line, and two years thereafter upon its F street line. The good faith of the company 1s manifest from its continued efforts, its enormous expenditures and its request for reasonable extension now made. The lim- {tations of statute now imposed, and its past efforts thereunder, leave no further choice of metnods, and under such condi- tions such reasonable allowance of time ought to be promptly granted. The sole objection suggested to this legislation springs from the pending suits for forfeit- ure of this company’s franchise. 1. For failure to so change its motive power within one year from the joint resolution of July 22, 182, and ° 2. For failure to pay a certain canceled judxment obtained by the District of Co- lumbia against it for paving between and adjoining its tracks in the years 1871-75, in severlrpege with the provisions of the appropriation act of March 3, 1891 @ stats., 862). 3 . Dismissed Onc Suit. The passage of the pending bill will recessarily vacate the suit pending on the first cause of forfeiture, that is, for failure of the railroad to change its motive power within the time mentioned. Stated exten- sion of time is in effect a waiver of such proceedings which, under the facts now shown to your committee, we think is in accordance with equity and the public in- terest. With this statement we dismiss the question of the suit on first cause of forfeiture in this report. As to the second ground of forfeiture, to wit: The failure of the company to pay the sum of money specified in said canceled judgment, and in the said act of Congress of March 3, 1s01 (the sum being $147,507.05), the com- mittee do not deem it prudent, in view of the conclusion they have reached, to enter upon any discussion in this report of the merits of the issues involved in that pend- ing litigation, or the facts upon which the contentions therein arise. Compromise Rejected. In consideration of all the equities in- volved,and in view of all the circumstances, the committee endeavored to effect a com- promise between the District and the com- pany by which a given sum of money would be paid by the company in full satisfaction of the District's claim. But the Commis- sioners of the District being unwilling to abate any portion of the sum claimed, with full interest thereon, the effort to com- promise failed. The committee determined not to Interfere in any way with the pend- ing litigation in the District courts in refer- ence to this matter, and have preserved in this bill all the rights thereunder to the parties litigant, providing, however, that in case judgment of forfeiture shall be ren- dered in favor of the government against the raflroad, the latter may relieve itself from forfeiture of franchise by paying the amount of said demand, $147,507.05, within ninety days from the date of judgment. Lengthy Investigations. The committee have given patient investi- gation and repeated hearings to all parties interested in this bill. The United States district attorney, the attorney for the Com- missioners, the District Commissioners themselves, and the railroad company, by its president and counsel, have all been fully heard. The committee feel that the great object in view is the public benefit and con- venience. Improved methods of transporta- tion are valuable only as they serve the public in the saving of time and in extending the area available for both urban and sub- urban occupation. Neither modern methods of propulsion nor increased spread of popu- lation are the creations of a day. The costly methods of transportation demand increased traffic for their necessary support. This company has manifestly exploited, at great expel to itself, all the available methods now permitted by law, save the underground system. Are Satisfied. The bill which the committee reports re- quires the company to adopt this system on its Ines as quickly as it can be done. Its willingness to adopt that system now and its early inauguration in the brief time given by the bill will accomplish the great object of existing legislation, viz. the increased accommodation of the public. To this end the committee believe the company should not be embarrassed by unreasonable exac- tions which would seriously hamper its ef- forts in securing the necessary capital to carry forward its projected work. All such exactions must ultimately be paid by the public, both in principal and interest, and the great public benefit to be obtained by modern system of propulsion upon the ex- tensive lines of this company ought not to be hampered in time or otherwise by such means. Looking at the whole case, and af- ter giving it thorough hearing and examina- tion as aforesaid, the committee are satisfied their recommendations are supported and fully sanctioned by justice and fair dealing between those whose means are invested in this company’s stocks and bonds, the Dis- trict of Columbia and the general public. Judgments Unaffected. The report quotes the District Commis- sioners as saying: “Apart from the appre- hended legal effects expressed in the at- torney’s communication the Commissicn- ers have no objections to present to the bill,” and the report continues: “As before stated herein, the committee are clearly of the opinion that the forfeiture suit pend- ing under the act passed March 3, 1891, which act was an attempted legislative en- forcement of the alleged money claim of the District against the company, will stand unaffected by the bill 1 ‘ed by the committee, except that judgment against the company may be satisfied by payiment of the claim of the District. In order to meet the conclusions reached by the com- mittee and to express more clearly their object and purpose, they report a substi- tute for the bill, which is herewith submit- ted. This substitute will require the raii road company to change its motive power to an underground system in a reasonable time, and will leave the status of a!l y: ties—the United States, the District of Co- lumbia and the company—in this forfeiture suit wholly unaffected by the vill, with the provision that if judgment of forfeiture be secured the same can be satisfied by payment of the amount of the District's claim within ninety days «after rendition of such judgment. The committee gave careful consideration as to whether or not the provisions of the substitute bill could be held to be a legislative waiver of right under the pending suit. They find the principle is well established that waiver of forfeiture cannot be effected where there is express legislative provision against such waiver for the purposes and to the end clearly preserved by apt and proper’ lan- ‘The New Bill. The Metropolitan raflroad bill, which was reported to the House yesterday from the committee on the District by Mr. Rich- ardson, takes the place of the bill which was introduced September 14 by Mr. Mere- dith. The purpose ‘of the last bill is the same as the first, the caption being unalter- ed and reading as follows: “A bill to au- thorize the Metropolitan Railroad Company to change its motive power for the propul- sion of the cars of said company.” In the first bill the company was “au- thorized and em»owered,” but by the new bill it is in addition “required” to equip the road with not “an underground system” merely, but with “the underground electric system.” There is no shadow of doubt cast upon the practicability of such a sys- tem, as was the case in the old bill by the words “ard in the event that said sub- stituted’ mode of propulsion, &c.,” proves to jbe practicable after sufficient test. The |company is required to complete the change on 9th street within a year, and within two |years thereafter the change shall be com- pleted upon all tne residue of the lines of ‘the compaay. The last section of the bill is entirely new and relates to the suits aguinst the company now pending. ————+o+ THE SUGAR SCHEDULE, It Gives the A: tage to the I porter of Refined Sugar. A prominent representative of the sugar trust made the objection to the sugar schedule today that, under the duty iixed on refined sugar, cheap German sugars would flood the markets. When the atten- tion of Senator Jones was called to this assertion he took a pencil and a notebook from his pocket and began to make iizures, the result of which was to demonstrate to his satisfaction that the scale as fixed shows a gradually decreasing rate as the purity of sugar improves. He quotes the sugar refiners as saying that the average price of raw sugar abroad is two cents per pound, and that each additional degree of purity increases the value at the rate of 1-16 of a cent. Sugaf at 80 degrees, worth two cents, pays under the Sherman bill @ duty of one cent per pound, which is fifty per cent ad valorem. At $5 degre2s sugar worth 2 5-16 cents per pound pays a duty of 1.05 cents, which is forty-five per cent; at $% degrees, by the same line of reasoning, forty-two per cent; at ninety-six and at a hundred degrees, forty per cout. “Thus,” says Mr. Jones, “it is shown that the advantage is given to the importer of refined sugar, and if there is any anfair- ness in the schedule that is where it is. But I think the advantage we have civen the consumer in the present bill over the McKinley law will compensate for that. Under the present law sugar over sixteea | Dutch standard pays a duty of 1-2 a cent a pound, and on German sugar 6-10 of a cent, whereag under the Senate bill it is jonly 12-100 of a cent, a saving to the con- sumer of about half a cent a pound, wo say nothing of the tax necessary to pay the present bounty. + e+—_____ MR. WILLIARD'S CONDITION. More Favorable Reports Received From the Sick Room. The reports received today from the sick room in regard to the condition of Mr. Joseph C, Willard are more favorable than they were yesterday. He is said to be, of course, quite weak, but in other respects he is in about his normal condition. On Wed- nesday night he had two sinking epells, which alarmed his attendants very much, and it was thought he would not surviv Yesterday shortly after 12 o'clock another attack of faintness came upon him and it was feared that he was approaching his end. He, however, rallied, and from that time up to noon today there have veen ro returns of these attacks. He is making a brave and determined fight against the further approach of weakness. It is thought | that his indomitable will power is very much in his favor, as weil as the vital ferce }which he inherited from a long line of | hearty and long-lived ancestors. He is now jalmost entirely recovered from the attack |of pneumonia or congestion of the lungs | with which his illness started, | His difficulty now is with his heart, the action of which is weak and irregular, He is unable to rest in a reclining position, but sits in a chair, He has never lost con- |sciousness and is in the possession of all his faculties, showing the same keeness |and alertness of mind that has been so characteristic of him during his long life. His interest in current events has not di- minished and he looks over the daily pa- pers as he sits in his chair. It is said that he takes exceptions to some of the state- |ments that have been published in the papers in regard to himself and espe- at the estimates of his wealth. He |has been said to be worth $3,000,000, but it \is stated on good authority that double that ;amount would come nearer to a correct | valuation of his property, real and per- sonal, —_—_——_—_ COMMISSION TRUESDELL, He Took the Oath of Office This Morn- in This morning Col. Truesdell, who is a reighbor of Secretary Tindall, called upon the latter before office hours, and on the family Bible of the latter swore to defend the Constitution and perform the duties of his office to the best of his ability. The ceremony took place in Secretary Tindall’s parlor, and there were no unusual inci- dents. Col. Truesdell stated that his bonds- men had been accepted by the Treasury Department, and nothing remained for him = do but assume the duties which awaited brim. As stated in last Evening’s Star, however, Col. Truesdell will not report for duty until tomorrow morning. The colonel had some private business to attend to today and his failure to enter upon his duties is not due to any superstition of the day. desk at the District building has been waiting for him now several days, and there is a mass of correspondence already on hand. —___. IMPORTANT MATTERS, Were Considered Today at the Cabinet Meeting. Today’s cabinet meeting was important. Secretary Lamont was the only absentee. It was the first time for two weeks that the President and his cabinet have met together for purposes of business, and there were a number of important matters pre- sented for consideration. Chief of these was the alleged violation of the Clayton- Bulwer treaty by the British war ship Cleopatra at Bluefields, Nicaragua. This matter is under investigation by the Sec- retary of State, and will undoubtedly form the subject of a special message to Con- gress. Other matters presumably discussed were the Bering sea question, the Hawaiian situation and the Brazilian revolution. The last mentioned question was considered, so it is said, with special reference to the dis- persal of the United States fleet at Rio and the selection of a commander-in-chief to succeed Admiral Benham, who has only an- other month to serve. o.—____ New Governess. Miss Jennie Landers of Mansfield, Ohio, who will fill the responsible position of gov- erness to Miss Ruth Cleveland, arrived here this morning and took up her domicile at | the White House. She was presented to Mrs. Cleveland by Mrs. Bissell. She is a graduate of the Bonn University and is said to be highly accomplished. e A Change in the Light House Board. Capt. Philip M. Price of the engineers’ corps has relieved Capt. Mahan as engineer secretary of the lighthouse board. Capt. Price was recently in charge of river and harbor improvements ‘near Montgomery, Pos and Capt. Mahan s that uty. ——__-e-+______ Act Secretary of War. War in the absence of Secretary Lamont and Assistant Secretary Doe KILGORE’S CHARGES A General Attack on the People of the District. ALIEGED REAL ESTATE RINGS He Accuses the Newspapers of Aiding Them. AN ANIMATED DEBATE The House today resumed consideration of the District appropriation bill, with the understanding that debate should close at 8 o'clock this afternoon. Mr. Grosvenor of Ohio was recognized, and announced his opposition to Mr. De Armond’s amendment (which is published elsewhere in The Star.) Mr. Grosvenor said the people of this country will not favor turning over the administration of the affairs of this District to a local board. Instead of curtailing expenses of improve- ments he favors increasing them if it is necessary to conduct the affairs of the city in a better manner. Every effort should be made to attract people to the capital, and it would be very poor policy to burden the people with unjust taxation. He hopes to see the time when the Poto- mac flats shall blossom and bloom. Would Favor Paying More Than Halt. He would favor the government paying even more than half of the expenses to accomplish two purpeses—first, to beautify | the city. and next, to keep down the rate of taxation so that people will be attracted to *e ashington. He does not want to take a tax which will driv | So low as to attract capital from to an unusual extent. Mr. Henderson Praises the District. Mr. Henderson of Iilinois said he has | noticed that every year the question of taxation comes up. He desired to empha- size what was said by Mr. Grosvenor and to add that this city ts different from every other city; it is different from the capital of Missouri, of his own state, I- lMnois, diiferent because it was intended in the beginning to make | different from any other. It would not be | fair to require the citizens to maintain the streets, which are necessary to the grandeur c% the nation’s capital. “I take pride in this city; I believe that every American citizen takes pride in ft. I have met my own constituents here and they take pi in it. We should have the best schools in the natior as a model for the rest of the country,” said Mr. Hen- dersou. He satd members of Congress bring their children here to school, people from all parts of the country come here. Why should we not make the city worthy of the nation? Why should the people who come here be compelled to keep up the city? “There is not an item in this bill in which the United States is not interested,” Le said. “The government is concerned in the whole bill and its interest cannot be sepaf> ed from those of the citizens. Property Exempt From Taxation. Mr. Goldzier of Dlinois was then recog- nized. He said there is a practical side of this question. He wanted to address himself to the question which was propounded by Mr. De Armond, “who was influenced by his bill to remove the capital to Missouri.” Mr. Goldzier said that a large portion of the property in this city is withdrawn from tax- ation because it is government property. Every time the government takes a piece of property just so much is taken from the taxable property of the District. The new city post office is an example. The govern- ment has taken from the city a number of properties which contributed to the taxation of the city. Mr. Goldzier said that in this city there is property to the amount of $230,500,000 exempt from taxation, $11,417,000 being the amount of property taxed, leaving $22,000,- 000 excess of property which is not taxed. Opposed to Monopolies. Mr.Kern of Nebraska took the floor to op- pose the monopolies of corporations. He chose the Washington Gas Company as an example of such a corporation, and said the only solution of the question is for the gov- ernrrent to erect and operate its own plant, controlling its own necessities. The thing for the government to do is to take out of the hands of the corporation this monopoly which is robbing the people of millions of dollars. Mr. Kern read the recent remarks of Senator Manderson upon the proposition to utilze the Great Falls water power for an electric plant. Mr. Kern said the people are paying more for their light than they should pay, but that they pay for an inferior quality of Ught. Mr. Kern read from the testimony recently taken at the gas hearing to sup- port his statements. Mr. Kern holds that the necessities of life should come to the people at cost and that a few people formed into a corporation should not be permitted to control the use of them. He referred to the accumulation of wealth by the few, There is no better place to begin the work of reform in this regard than at the seat of government. No Evidence to Such Argus Mr. Walker of Massachusetts said there is not a single particle of evidence to sus- tain Mr. Kern's arguments that wealth is being ac¢umulated by the few in greater, proportion than by the mass of the people. Leaving the question of economics, Mr. Walker said that the District bill is a dis- grace to the committee which it, a disgrace to democrats and alike. ablicans should have brought in @ sahnechey Papert and insisted that the ma- jority should give sufficient appropriat to conduct the schools of the city, and furnish to the employes of the government shelter, where they will not be exposed to the dangers of unsanitary conditions. “This is the meanest government on God’s earth for paying its debts,” shouted Mr. Walker, “and you :ll know it.” He scored his republican associates for not holding out more stiMy against the low appropriations. “You are morally respon- sible for many deaths by not appropriating for sewers,” said Mr. Walker. He Cocteien- ainst the low school eons nee BO that rather than cut sum $1 he would go without a new sult clothes for five years; he would wear @ frock, mpared With Other Cities. Mr. Goldzier called attention to the fact that in Chicago, with a population of 1,500,- 000, the taxable property is $243,782,000, while in Washington, with a population of only 265,000, the taxable property is 202+ 624,000, this demonstrating that in compari- only 265,000, the taxable a is ee vith o' cities Washington certal coe ee much, if not more, than its just proportion of taxation. Mr. Goldzier in- co:porated in his remarks the memorial of the citizens’ association against Mr. De Ps bill. aun De. Irmo suggested that the erec- tion of a government building here ene hances all property. “So does the erection of any private building, for that matter,” said Mr. Goldzier. Mr. Kilgore Agrees With De Armond, Mr. Kilgore was then recognized. Ile ine dorsed the sentiments of Mr. De Armond a® expressed yesterday. He thought the peo- ple of this city should have their own gov- ernment. The people of other cities are capable of governing and supporting them- selves, and the people of Washington shoul Gen. Schofield is acting as Secretary of |)... pre-eminently capable of governing | themselves. Mr. Compton suggested to Mr. Kilgovt