Evening Star Newspaper, April 9, 1894, Page 1

HE EVENING STAR. Be PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR BUILDINGS, nol Pennsylvania Avenue, Cor. 11th Street, by The Evening Star Newspaper Company, S. H. KAUFFMANN, Prest. New York Office, 88 Potter Building. ‘The Evening Star is served to subscribe: he city by carriers, on thelr own account, af 10etene © week, or a per apace Copies at the counter zs, 'y mail—anywhere in the United meats or Canada—postage prey vents per turday Quintuple Sheet year; ny ye fat the as class mail matter)". Bee ee Iptiors ist be paid vance. sing made known’ ou applicaties, Che Zvening Star. Vor 84. No. 20,854. WASHINGTON, D. C., MONDAY, APRIL 9, 1894—-TWELVE PAGE: 22 TWO CENTS | LAWYERS NOW TALK Rates of advert: The Closing Arguments in the Pol- lard-Breckinridge Trial. WR CARLISLE REVIEWS THE CASE Piecing Together the Testimony to Support the Plaintiffs Claim. THE JUDGE AND THE LAW Today the lawyers’ talk to the fury that $8 to decide upon the claim made by Miss upon Representative Breckinridge began. It is probable the talk will consume most, if not all, of this week. Judge Brad- ley indicated a purpose to put a limit of time upon each side, but, in response to an| 8! @arnest appeal from both sides, this morn- ing decided not to impose any such limit, t trust to the lawyers themselves not to unnecessarily consume time. The judge this morning announced his de- cision granting, refusing or modifying the prayers submitted Saturday by the attor- Peys on each side. Immediately afterward Mr. Carlisle began the opening argument for the plaintiff and gave promise of taking the whole day for his part of the oratorical display which is to close the celebrated case. He will be followed in order by Mr. Phil Thompson and Mr. Butterworth for the de- fense and Mr. Jere Wilson for the plaintiff. The judge, when he charges the jury, will ave the last word. Both plaintiff and de- fendant were present. @udge Bradley During the Argument. Mr. Breckinridge followed Mr. Carlisle’s remarks closely, and Miss Pollard at times | There was a large! looked her approval. audience in the court room, which seemed @eep'y interested also in this summing up of the details of the case. The jury, which | has now been sitting a month, and have heard testimoay enough to fill a library, | also seemed interested, for Mr. Carlisle's re- | view enabled them to go back over the case | nd pick up missing threads, if any were | missing. Mr. Carlisle devoted the morning to reviewing that part of the case bearing | ‘por the conduct and reputation of the | Pplaintitl before her meeting with Mr. Breck- | dnridge. He examined the testimony of- fered by the defense, and this connection Showed what had been offered to meet it, | @sserted that it had been fully met, and that the jury could not believe otherwise than that Miss Pollard when she met Mr. Breckinridge was an innocent and inexpe- Fienced girl. | and pure from sexual fault, save with the the defendcnt at, about and after the time! of such promise. If the jury tind from the evidence that| the deferdant promised tc marry the plain- tiff, and that the plaintiff accepted these promises in good faith and promised to marry the defendant, then the burden of the proof fs upon the deferdant to establish by @ preponderance of evidence any de- fense to or release from any such promise, and It would not be a defense if he had had illicit relations with her before or after such promise, cr that he had been informed by her prior to said promise that she had had illicit relations with another. The defendant, having asserted that he had had carnal knowledge of the plaintiff before the making of the alleged promise to marry, and having asserted that he knew she was not a virgin and free from sexual fault at the time of his first int. course with her, tha jury are instructed that, even if they believe from the evidence that tne plaintiff was not chaste before such intercourse with the defendant, and that he krew of such previous unchastity, such facts would not justify a verdict for the defendant if the jury believe that the contract of marriage was therefore rettie joey an | the jury find from the evidence tha the plaintiff did tell the defendant, as ne | States, that she had been imprudent with | James C. Rodes, and thereafter, and, after death of his wife, he promised to marry plaintiff, and she him, the fact that | she had informed him that she had had illicit relations with the said Rodes would | not affect a! Berean of his contract of marriage, or further justif, ‘Keep said promise. a 'y his refusal to As to Damages. If the jury find from the evidence that the defendant was married on the 29th day | of April, 1893, that he kept, and caused | to be kept, that marriage a secret there- after, and that without disclosing the fact of that marriage he promised to marry the plaintiff, or repeated or avowed a Previous- ly made engagement of marriage with her, such secret marriage would be no defense to this action. The jury are instructed that if they find for the plaintiff in estimating the damages facts in evi- they are to consider all the relations between the par- dence as to the ties up to the breaking of the promise, the Prospective pecuniary and social advan- tages to the plaintiff from such marriage, the injury to the plaintiff's feelings and} reputation by its violation, the manner and | [Bmpr of its violation, and the suf- ering of the plaintiff caused thereby, and its effects upon her means of earning a | livelihood in the future; and the jury are) also to take into consideration the wrong committed by the defendant and may award exemplary damages as well. If the jury find for the plaintiff, and they further find that the plaintiff was chaste Se defendant; or if they further belleve taat the defendant knew this and that the at- tempt to impeach the plaintilt’s chastity and character was not made in good faith by him, but merely as a means of defense, or to injure the plaintiff, then they may consider those facts in assessing the dam- ages, but the jury cannot award more than the amount charged in the declaration, to wit, $50,000. For the Defense. ‘The instructions asked for by the defense, as finally amended and allowed, were as fol- lows: + Before the plaintiff can recover in this action the jury must believe from all the vidence that the contract was entered into between the plaintiff and the defendant by | Which they agreed with each other to be- come husband and wife. If the jury find from the evidence that statements were made by the plainuff and defendant in the presence of or to third persons that they were engaged to be mar-| ried to each other or that they intended to) marry each other, that such statements, were made pursuant to a prior understand-| ing and agreement between the plaintiff and defendant for the purpose of deceiving such third persons, and were not made in good faith, such statements are not to be taken| as constituting or evidencing the existence of a contract to marry. The jury are irstructed that the burden of proof to establish the contract sued on is upon the plaintiff, and that they should; find for the defendant, unless they believe from all the evidence in the case that it was mutually agreed between the plaintiff | and the defendant that they were in fact to be married. Mr. Carlisle attempted no rhetorical em- bellishments, but simply made a narrative ut of the testimony, stopping at times to analyze and compare, where there were discrepancies between the statements main- tained by the defense and those made in behalf of the plaintiff. He drew a word icture of the defendant as he was when @ met the plaintiff and gave the jury a tintype of the witness taken about the Bame time, as the girl upon whom he said the defendant sought to put more thaa half bf the burden of the wrong they commit. ted. Judge Bradley on the Prayers. ‘About 10:30 o'clock, after the jury for the few term had been secured and excused until Wednesday morning, Judge Bradley took up the matter of the instructions to the jury. The prayers for instructions asked for by both sides were presented to the court Saturday morning and argued by the lawyers. Ju Bradiey made no announce- Ment of his cecision then beyond the intima- tion that he did not consider that the secret Warriage of the defendant should be re- Mr. Carlisle's Argument. laying any part with the jury Eetled Se lnton as to the merits of the case. ‘The substance of the prayers submitted by the lawyers was printed in The Star on Baturday afternoon. Of these a number ‘were ruled out by the judge. The others were allowed, either as they were submit- ted or in modified form. Those Allowed. ‘The instructions asked for by the plain- tim, as finally amended and allowed by Judge Bradley this morning, were as fol- lows: ‘The jury are instructed that this ts an act for a breach of a contract for marriage. If the jury find from the evidence that there {were mutual promises of marriage, as claim- ed in the declaration, that would constitute @ breach of contract. And the jury are further instructed that if, after such con- tract was made, the defendant married @nother person, that would be a breach of the contract and the plaintiff would be en- titled to recover: and {t would be no defense to this action that he had carnally known the plaintii? before or after such contract; Nor would it be a defense that she had ‘Iicit intercourse with another person, ‘f such fwere the fact, before she had such Int course with him, if he knew the fact at the time of making the contract. The jury sre instructed that if they be- Ueve from the evidence that the defendant Made any of the alleged promises of :nar- Tiage in faith, not intending to keep the same, and further find that the plain- tif understcod and accepted such promises In good falih, and agreed to marry the Qefendant, the bad faith of the defend- Qnt is no defease tn this action. In determining whether the platatiff in food faith unde 4 and believed the lefendant to be sincere in his promise to Marry her, or ther she understood and Q@greed that said promises were not to be kept by the defendant, the jury a> cenvider the condition of the plaintiff at Hie time and since, and also the conduct of | dence that a contract of marriage was en- | Even if the jury should find from the evi- tered into between tho plaintiff and the de- | fendant, yet, if they further find from the | evidence that prior to that time the plain- | tiff had been guilty of lewd and lascivious conduct with other men, and that such fact was unknown to the defendant, then the | defendant was not bourd by such contract, | but was by said fact of prior lewd and lascivious conduct, if it had existed, re- leased from any obligation to marry the plaintiff, and had the right to refuse to perform such contract; and this {s so by | reason of said fact, if it had existed, | | whether at the time of his refusal or not, he knew of such prior lewd and lascivious conduct. If the jury shall find from the evidence | that the plaintiff had been guilty of lewd | and lascivious conduct with a man named | or called James C. Rodes, and that the de- | fendant had condoned such acts with sald | Rodes, yet, if they find from the evidence | that the plaintiff had been guilty of lewd | and lascivious conduct with some other |man, the verdict must be for the defendant, | even if the knowledge of such conduct did | not come to the defendant until after his refusal to marry the plaintiff. If the jury find from the evidence that there was a contract of marriage between the plaintiff and the defendant, and also | fail to find that the defendant has been re- Meved@ therefrom, they may, in mitigation | of the damages, consider ‘the plaintiff's gereral character, if the same was bad, and | they may also consiier, for the said’ pur- pose, the plaintiff's admitted want of vir- tue, unless they belleve that she was se- duced by the defendant. Exceptions Noted. Each side noted exceptions to Judge’s action in admitting instructions | for the other side and in excluding such | of its own as were not allowed. After Judge Bradley had finished an-| nouncing his decision upon the prayers | submitted he asked if it was understood the limitation as to time indicated Satur- day was satisfactory. Want No Limit as to Time for Argu- ment. Mr. Butterworth said he thought each | lawyer in the case was anxious for aj termination and would not needlessly con- sume time. There were twenty-four or | twenty-five days of testimony to be gone | over, and if counsel were to help the jury | | in their review of the testimony they would necessarily have to consume considerable time. He referred to the wide range of facts with which they would have to deal. He asked that no limit be fixed, but that the court take the assurance of counsel to use as much dispatch as possible. | Mr. Wilson said he also would ask the court not to limit them. He did not desire to consume any more time than was due to the cause. They had had a vast amount of evidence He would agree to take as little time as possible, but he did hate to go into the argument with one eye on the clock all the time. The court could see how embar- Tassed counsel would be with such a limita- tion. He earnestly appealed to the court not to limit them. ‘Two or three more hours would make little difference. Judge Bradley said he thought a limit would be useful, but he admitted that under the circumstances of the case it might be embarrassing. He would therefore trust to | the counsel and impose no Itmit. Mr. Shelby here noted exceptions to the judge's decisions on the prayers so far as they were adverse to the defense. Mr. Wil- son said it would be understood that such exceptions were noted on both sides. Opening Argument for the Plaintiff. Mr. Carlisle then took his piace before | the jury to begin the opening argument for the plaintitY. He referred to the fact that it had been his duty a month ago yesterday to make the opening statement of the case as to what the plaintiff claimed would be proved in this case. The jury and others engaged in the case were perfcming their duties in the ecmmunity. Now it was his duty to open the argument of the case. They came now to present the cese that was to go to the jury. First he would claim that his p2aing statement was careful and tem- | the, HILL ON THE TARIFF The New York Senator Takes Part in the Debate. CHIEFLY AGAINST THE INCOME TAZ But He Refers to Cleveland’s Ha- waiian Blunder. ——— HIS POSITION DEFINED The speech of Senator Hill, delivered in the Senate today, was chiefly devoted to an extensive and bitter attack on the in- come tax feature of the Wilson bill. His opening remarks, however, took a wider range. “The political revolution,” he began, “which commenced in 1890 and culminated in 1892, was an emphatic expression of the popular will in behalf of certain govern- mental policies. Measures and not men were largely the issues involved in that | movement. Rightly interpreted, it indi- cated the public sentiment in opposition to intrenchment upon the reserved rights of the states through odious federal elec- tion laws, some proposed and others then existing; it voiced the general demand for a discontinuance of the unwise and inde- fensible financial system, equally a hin- drance to the return to bimetallism, as well as a menance to a sound and stable currency; it manifested the desire for a better administration of public affairs, greater @conomy in governmental expendi- tures and the exaction of higher official standards in the execution of public trusts; it demanded a more safe, dignified and consistent foreign policy, and it condemned that abuse or perversion of the taxing power of the government which is known as the policy of protection ‘for protection’s sake only,’ and declared in favor of a tariff for revenue.” He then took up the foreign policy of the administration, saying: Mistakes of Foreign Policy. “It ts not denied that some mistakes have occurred. Our foreign policy, especially that relating to Hawaii, it must be ad- mitted, has not met with the expectations of the people. A sense of humiliation pre- vailed when the project for the restoration of a deposed monarchy was unfolded by m the administration, and gratiication en- sued when its abandonment or failure was reluctantly announced, influenced largely by an aroused public sentiment. “That unfortunate contemplated policy was a blunder, and a blunder is some- times worse than a crime. It was, how- ever, the natural consequence, which might well have been anticipated from the other mistake in placing the Department. of State in charge of a republican statesman, distinguished and estimable though he may be, whose public services have always been identified in opposition to the demo- cratic party, who was without sympathy for its traditions and purposes and whose political convictions upon the disputed pub- lic questions of the day, if changed at all, are carefully concealed. “It is to be regretted that the President should not have been able to find in his own party some safe and honored statesman in whom he and his party could have placed confidence, one of democratic instincts and training, whose management of foreign af- fairs would have reflected credit upon the country, and would have avoided the pro- mulgation of that un-American policy—a departure from democratic precedents— which was sought to be forced upon an un- willing people. In this view of the situa- tion our opponents must accept some share of the responsibility for the blunders com- | mitted in our foreign affairs. “In other respects the present administra- tion of our government affords scant grounds for just criticism.” He spoke of the repeal of the federal elec- tions law as a fulfillment of the party's pledges and a triumph for the just doctrine of states’ rights and indorsed the repeal of the Sherman law, As to Tariff Reform. Coming then to the main question—tariff reform—he said that revision should be ap- ‘proached with circumspection, and with a realizing sense of the changed conditions of the country since 1887 and 1890. An extreme reduction of tariff duties at a time when the treasury was swollen with a surplus of a hundred million dollars,when the country was reasonably prosperous, | when all our industries were in motion and all our workingmen were employed, assum- ed a different aspect and presented a dif- ferent question when proposed now with a large and growing treasury deficit instead of a surplus staring us in the face, with our industries paralyzed, our manufactories closed, our workingmen idle, and following upon the heels of one of the most disastrous financial panics in our history. What was safe and prudent and wise then, it would be criminal folly to attempt now. The present was no time for partisanship, and democrats and republicans alike should strive to solve existing problems in a spirit of broad patriotism. “In the face of the prostration of private industries,” he continued,"and in the pres- ence of such a paralysis of all general busi- | ness as the treasury deficit attests and pro- longs, this bill as framed by its authors and as passed by the House sought to double the deficit by discarding customs revenue and to fill the void with an income tax."” The rest of his speech was given up to the income tax question, and his opening words defined his position in unequivocal and forceful language. Against the Income Tax. “Against such a scheme,” he said, ‘ necessary, ill-timed and mischievous denly sprung upon the country in the hour of its distress, un-democratic in its nature and socialistic in {ts tendencies—I enter the protest of the people of the state of New York. They utterly dissent from any pro- posal to get revenue for the general govern- ment by taxing incomes. Their dissent is practical placabl He intimated that the tariff bill was con- structed on lines laid down by the adminis- tration; that it was a somewhat anomalous state of affairs when the President shouyi be able to give Congress information as to what had occurred in a committee of the House, and sald that in these latter days the distinctions between the functions and prerogatives of the executive department on | the one hand and the legislative departinent on the other do not seem to be always ob- served, The truth is that the first informa- tion which Congress had of the alleged de- tails of the proposed bill was in the message itself. iieut the strangest part of the unprecedent- ed proceeding was that, in fact, at the very date of the message, to wit, Decembe 1803, neither the full committee of ways and means nor the demécrafc members (Continued on Second Page.) (Continued on Seventh Page.) y unanimous and altogether im- | 4, | FORD'S THEATER VICTIMS Senator Harris Meets the Board of Sur- geons Today. Attendihg Physicians to Be First Ex- amined and Then the Claimants— Where the Board Will Meet. Senator Harris, chairman of the Senate | select committee for the investigation of | the Ford's Theater disaster, met the three surgeons this morning who are to consti- tute the medical board for the examina- tion of claimants for damages resulting from this accident. The board organized by electing Dr. Hoehling of the navy chair- man. The other members are Capt. Edie of the army and Surgeon Mead of the Ma-/ Tine Hospital service. The Senator ex- plained to the surgeons the general purport | of the Inquiry directed by the Senate and the facts that the surgeons are to de- velop by their examinations. He instructed them to proceed by first examining the at- tending physician in each case, and then with the information thus derived as a basis to examine the claimant merely as to his physical condition, without refer- ence to his financial needs whatever. The cases of death will not be touched by the board at present, as there are only one or two instances of doubt as to the real cause of death, and these will be dealt with later, either by the committee of Senators or the surgeons in consultation. There are up- ward of one hundred claiins now filed for damages for injuries and each of these will require a separate examination. Tke Details of the Examination. The full committee of Senators will meet on Wednesday of this week for the pur- pose of settling certain details of the ex- amination, There is some question as to the exact method of administering oaths to the claimants, The surgeons have no power to swear witnesses, but this will be done by members of the committee. For this purpose it is probable that the com- mittee will be divided into subcommittees of one Senator each, who will take turns of visiting the headquarters of the board to administer the oath to such claimants as may appear. Ample notice will be given to all claimants as to the time when they will be required to meet the committee or the surgeons by letter, This branch of the work is in charge of Mr. Milliken, the clerk of the special committee, who is preparing notices to be sent out when- ever the committee agrees upon a pro- gram. The surgeons will hold their ses- sions at the Army Dispensary, No. 1814 G street northwest. This is located near the War Department and consequent! chief of the record and pension offic advice may be frequently necessary in the determination of the cases. Most of the claimants have now returned to their work in the War Department and will be thus easily accessible. There are a few, however, who are still confined to their homes, and it is possible that in these cases the surgeons will accept the testimony of the attending physicians. —_—__—__- = -____. NEWS AS COMMERCE. An Opinion in Flovida Bearing on Gov. Tillman's Operations. Governor Tillman's reported statements that news is not commerce and that the in- terstate commerce law has nothing to do with it, has directed attention to a decision rendered by a majority of the Supreme Court in 1877, bearing indirectly on this subject. At that time Chief Justice Waite, in delivering the opinion of the court, held “that since the case of Gibbons vs, Ogden, it has never been doubted that commercial intercourse is an element of commerce, which comes within the regulating power of Congress."" The question at issue is the case of the Pensacola Telegraph Company vs. the Wes- tern Union Telegraph Company. The for- mer company, which had the exclusive right to establish and maintain telegraph lines in certain counties in Florida, sought to enjoin the latter company from using the right of way of the Pensacola and Louis- ville Railroad Company, which had been | granted to it to erect a competing telegraph |line on acount of the alleged exclusive | right of the Pensacola Telegraph Company under its charter. Upon the hearing, a de- | cree was passed dismissing the bill, and an |appeal was taken to the Supreme Court. The chief justice, in the course of his opin- fon, held as follows: | “Both commerce and the postal service \are placed within the powers of Congress, | because being national in their operation, they should be under the protecting care uf the national government. The powers thus granted are not confined to the instrumen- talities of commerce, or the postal service known, or in use when the Constitution was adopted, but they keep pace with the progress of the country and adapt them- selyes to the new developments of time and cirtumstances. They extend from the horse with its rider to the stage coach; from the sailing vessel to the steamboat; from the | coach and steamboat to the railroad «nd | from the railroad to the telegraph, as these new agencies are successively brought into use to meet the demands of increasing population and wealth. They were intended for the government of the business to which they relate, at all times and under all circumstances. As they were intrusted to the general government for the good of the pation, it 1s not only the right, but the duty, of Congress to see to it that course among the states and the transmis- sion of inteligence are not obstructed or unnecessarily incumbered by state legisla- tion.” | | | | | PRESIDENTIAL NOMINATIONS. A Change Made in the State Depart- ment—Other Offices Filled. The President today sent the following nomirations to the Senate: State—Edward H. Strobel of New York, to be envoy extraordinary and minister plent- potentiary of the United States to Ecuador; Wm. W. Rockhill of Maryland to be third assistant secretary of state, vice Edward H. Strobel, nominated to be minister to Ecuador. Justice~To be attorn States: Lewis C. Vandegrift of Delaware | for the district of Delaware; James F. O’Brien of North Dakota for the district of North Dakota. Postmasters—John Buckmaster, Alton, IL; Willard L. Gillham, Upper Alton, f[1l.; John of the United |. Hoover, Wabash, Ind.; J. B. Smither, | Nicholasville, Ky.; John D. Bills, Corinth, John Mc . Brookfield, Mo.; len T. Frederick, Allentown, Howerton, West Point, FF PROGRAM. THE TARI Senator Harris Wants an Extension of Hours This Week. Senator Harris said upon going into the Senate today that he would at the first opportunity the Senate for unanimous consent to have the Senate agree to meet | during the remainder of the present week at 11 o'clock, confine the morning business | to the first hour of the n and continue the consideration of the tariff bill uninter- | |ruptediy until 5 o'clock. He said that he | |had first inteded to ask the Senate to sit | | until 6, but it would be necessary to have | time for executive business, and that could be transacted after ch day. The | Senator also said that the agreement which | he would present would provide for no roll calls or votes during the five hours. 3 te should not give unan- Senator,” was suggested. 1 make a fect,” he responded. He continued by saying that the re; | tion would apply oniy to the present and that he would not enter into any ar- | rangement limiting the time thus beyond | this week. “I should not,” he said, “wish to go be- | yond that in binding myself to these hours, | |for it is possible that we may in another week wish to extend them, but we do not wish to be harsh in the beginning.” motion to that ef- |among those who went down with | How did I fi |fast and was yar Firemen Entombed in a Blazing Building. AN AWFUL DISASTER AT MILWAUKEE Burning of the Davidson Theater This Morning. |HEARTRENDING SCENES MILWAUKEE, April 9.—The Davidson Theater, the finest play house in Milwaukee and one of the handsomest and costliest theaters in the country, was destroyed by fire which broke out between 4 and 5 o'clock. The valuable scenery carried by the Lilliputians, whose ten days’ engage- ment at the theater was to close on Wed- nesday night, is all gone. Manager Rosen- thal of the company says it was worth $25,000, Shortly after 5 o'clock, when the fire was seemingly under control, the theater roof, on which a score or more of the brave firemen stood as they fought the flames, went down and the brave men were carried with it to the floor of the auditorium be- low. Some were extricated from the fur- nace of flames in which the whole interior was now enveloped by their brave and more fortunate comrades, who risked their lives to drag out the prostrate forms of the ead and injured men. Six or eight men Were soon brought out and those who were able tc speak said there must be ten more in the ruins, where living death awaited them. For these poor fellows there was no chance. The burning roof had fallen in on them and they were roasted to death if they were not killed by the terrible plunge frem the roof. A cry of horror went up from the fremen who saw the awful catastrophe. The mem- bers of the insurance patrol were covering up the seats in the parquet of the theater when suddenly a light was seen through the roof above. The men in the theater ran back just in time and the next mo- ment the roof fell into the parquet of the theater. Several of the men in the theater were caught by the falling timbers. The scene that followed is never to be forgotten by those who witnessed it. For a moment all was dark, then suddenly a tremendous sheet of flame shot up and with it came the cries of the firemen who had fallen through the roof to the theater below. One man was heard to cry: “My God, help me. I am roasting to death.” The men were buried under the blazing roof and there seemed to be little hope that any would come out alive. There was trouble in getting water on the fire, which now rapidly made its way through the theater and tne scenery. The water was finally turned on and several of the fire- men who had fallen nearest the front door of the lobby were dragged from the burning debris more or less injured. The men were removed to the saloon across the street and their wounds dressed, while the firemen bravely kept at work pouring a deluge of water on the blazing wreck and trying to rescue others of the unfortunates. But soon no more cries were heard and it was evident that all who had not been brought out must now be past hope. The interior of the auditorium soon became a mass of seething flames, which the firemen vainly endeavored to subdue in order to save their doomed comrades. Rescue Made Impossible. While the frantic men were at work amidst the ruins on the floor of the parquet the gallery began to burn, and while direct- ing their attention to this blaze another portion of the roof fell, making the rescue of the imprisoned men impossible and add- ing more fuel to the fire. The first fatality happened before the more awful tragedy on the roof. Ollie Reis, a fireman, lost his life while trying to reach the roof of the theater before it fell. He had put up a ladder from the northern wing of the hotel building, which is two stories lower than the theater proper, when the ladder swayed and he fell with it to the roof of the aving. He was carried away and died in the arms of his comrades. He was a member of engine company No. 3. Assistant Chief Dever, who was among those on the roof when the crash came, sald: “The members of engine companies 3, 4, 5 and 14 were on the roof where the main portion of the fire was raging. Suddenly, without a moment's warning, the roof gave Way and down it went with all the men. Third Assistant Chief August Janssen was the crash, He managed to catch a fire escape just as the roof was swaying and held on. We tried all we could to rescue the men, but could not reach them. Assistant Chief Janssen is among those who are missing. 1 think he is buried in the debris.” Pipeman Yeo's Story. John Yeo, pipeman of company "No. 4, was stretched out on one of the comfort- able cots at the Emergency Hospital at 6:30 o'clock, frightfully injured, but as calm and cool, apparently, as if he had retired for a night’s rest. Yeo said: “We were all on the roof of the building, No. 4's men, when she sunk with us. There were near me at the time Capt. Linehan, Lieut. Freeman, Pipeman O'Neil and Pipe- man Witte. Oh, but it was awful. I had a wonderful escape. It seems almost impos- sible that I should be alive here at this moment, but, thank God, I am, owing to the presence of mind I had when down in the ruins and the quick work of the re- lief party that came after me. When I struck the bottom I was pinned down by bricks and timbers and I wiggled around to get loose. and plenty of smoke. My clothing was tangled up with something and so I began to strip off my clothes, and that’s the way I got loosened, undres: still falling. rub for me, m Oh, man, but it was a clo: and if my back is not broken I y be all right. Anyway I hope I shall aved. My head is badly burned and cut. reach a place of safety Why, the boys got a line to me, I made it ed over a wall into the alley or somewhet List of the Victims. Following is a partial list of the men who ‘were buried under the smoldering ruins: George Janssen, company No. Capt. Linehan, Assistant Chief August Jans Archie Campbell, fire boat rr Morgan, company No. 1. company No. 4. on. Frank McGuirk, James Freeman, company No. 4 O'Neill. Crowiey, company No. 14. The following were rescued and taken to | the Emergency Hospital: 2 Lieut. Curran of No. 2 tion; probably fatally injured. Fred Marsh of No, 5; foot crushed. Fred Schroeder, SANK WITH THE ROOF | John Yeo, pipeman of No. 4; badly burr and back hurt. Capt. Linhan of No. 4; probably fatally injured. | At the morgue—Olie Reis, Company N | 4; fatally injured by a fal’ of ladder; @ on the way to the hospital. Hotel Guesis Frightened. The guests of the Davidson Hotel, which | occupies a part of the building, fled, panic- | stricken, from their rooms when the alarm | of fire ran through the co:ridors. They | were really in no danger, and had ample | |time to get out. None were injured. The ed | | | } wa | ied Lill:putians’ loss is heavy. Rosenfield brothers of New York, proprietors of Miner's Theater in that city, own the show. All this is gone. L. J. Roderiguez of the Academy of Music said: “The loss of Manage: Ludwig Rosenfield will be between $50,000 and $70, | The Davidson Theater was opened in | September, 1891, by the Emma Juch Opera | | Company. Manager Sherman Brown stated, | as he stocd watching the smoke curling up| |to the studded and frescoed ceiling, which jhad been his pride: “The original cost to |John and Alexander Davidson was be- | tween $350,00) and $100,000, The loss, of jcourse, is mainly on the interior. The | walls will stand when all else is gone. | There Is no way to estimate the loss, but jit may be above haif of the original in- | vestment. It will be at least a year, of | course, before we can reopen. I have no/ | doubt the theater will be rebuilt.” | As nearly as is known, eight or nine fire- | men lost their lives in the fire. baieast or nna POINTS FOR COXEY. The Plan of the Agricultural Depart- ment for Better Roads. Practically all of the railroads along | |road-material producing sections of the | country will co-operate with the Agricul- |tural Department in the movement for bet- | ter roads. Letters have been received from | a large number of the railroad officials to | | whom circulars were sent by Gen. Stone, |in charge of the road inquiry bureau, asking |if the companies would combine for a uni- | form cost basis rate for road materials, Al- most all assert their willingness to join | with conrecting roads to promote the good | A POINTER, The circulation of The Star ts greater than that of all the other Washington dailies combined, and is believed to be five times that of its afternoon contemporary. A sworn detailed statement of circu lation is printed each Saturday, = —_— RAILROAD VS. PEOPLE The Metropolitan Bill Under Debate Today. DISTRICT «DAY IN THE HOUSE Members Who Opposed Granting the Road Further Privileges. DEFENSE OF THE BILL The House entered immediately upon the consideration of District business this morn- ing. Mr. Richardson called up the unfinish- ed business ccming over from the last Dis- trict day. The measure was the Richard- son bill requiring the Metropolitan Rail- road Company to equip and operate its lines with an underground system for pro- pulsion of its cars: Provided, That the change shall be completed within one year after the date of the upproval of this act on what is known as the 9th street line. And that within two years thereafver the change to an underground system shail be completed upon all the residue of the lines of said company, including an extension thereot on East Capitol street from 9th Street east to 13th street east, around both sides of Lincoln square. The bill authorizes the company to issue its bonds, secured by a mortgage on its franchises and other property, to such amount as may be necessary to pay the cost of the work to be done and of the materials required and the expenses incident to the change to be made. To this was added also as section 3 the provision agreed to by the committee: “That nothing in this act shall be so construed as to invalidate or in anywise affect the suit now pending in any court of the District of Columbia against the said company for the forfeit- ure of its charter for non-performance of its duty in respect of paving the spaces between its tracks, &c., and that in case a judgment is rendered against the company road movement. ‘it may be fully canceled and vacated by Some of the officials have replied that | the payment by said company to the Dis- while willing to carry the material at the | trict of Columbia of the sum of $147,507.05 There were flames all around me | ng myself there in | the flames with the ruins piled over me and | central fire sta- | bare cost of hauling, the roads are prohibit- |ed from making special rates to either por- sons or state, and suggesting that the de- | partment would have to take the matter to | the state legislature, or to the interstate | |commerce commission before the roads| | would be at liberty to act. The department | | officials, however, believe that there will be | | no difficulty in securing the necessary legis- | lation. | Vice President Shelby of the Grand Rap- ids and Indiana railroad says, in his reply: | “There can be no denial of the fect that | good roads are desirable, both for the locali- ties in which they run and for the railroads jin that vicinity. Where a concerted and well-defined plan of action can be agreed jon, in my judgment, all the railroads will | co-operate in proportion to the conditioas surrounding them. ——_+-2+____ A VIGOROUS PROTEST Against the Form of Panishme: yed in the Logan School. The Commissioners have received from | Dr. J. N. Johnson a letter protesting against the treatment of the scholars of | the third grade of the Logan school by | their teacher, Miss Mamie L. Tancil. The | matter will be investigated by the school | authorities. Dr. Johnson says: “She is un- |kind to her pupils in that she abuses and insults them by reference to the previous condition of most of their parents. She does not consider the present straightened circumstances of parents of pupils in the immetiate neighborhood of the school, mak- ing little or no allowance for even cases of | illness of parents. She punishes her pupils “(by punishing)’ the whole school, when one | or two are guilty of infractions by making | them stand for one hour with hands on head. She has put my little girl in bed by the practice, and many others within the circle of my patients are greatly ailing. |She is to keep up this wholesale punish- ment for one week, alternating only with half an hour’s punishment of making them march up and down a flight of stairs in the buflding for one solid hour. The par- ents have appealed to her, but their ap- | mediately and abruptly ignored and her | jconduct sustained.” Concluding, he say |“"We do not object to any punishment not brutal and not against health, but we don’t want our children outlawed.” TITLE TO THE LAND. An Opinion on the Proposed Engi Hi je Site. The attorney for the District today ren- dered an opinion as to the title of the reser- vation at the intersection of Ohio avenue, 18th and C streets, which it is proposed to use as a site for No. 2 engine house. There is an item for a new fire house at this point in the pending appropriation bill, and a question was raised as to the title to the land. Attorney Thomas says: “The title to said reservation appears to be in the United States. The land on which this city is located was, as is well known, conveyed by the original proprietors to the United States,with a stipulation that streets, avenues and alleys should belong to the United States and the lots in the squares should be divided equally between the orig- inal proprietors and the United States. This reservation is not on the list of squares, and there was no allotment of it, and hence the title remains in the United States. There within ninety days from the rendition of said judgment.” The question pending was the proposed amendment providing that the under- ground system provided for in the bill shail be an electric tem. Mr. Hepburn ad- vocated the amendment and it was adopted witheut a division, Mr. Hepburn Opposes the Bill. Mr. Hepburn then moved to strike out the last word and took the floor to oppose the bill. He said that at the proper time he proposed to make a motion to recommit the bill with instructions to the committee to report a bill reserving all the rights the government had conferred on the Metropol- itan railroad and providing for the use of the franchises. He said that the tropolitan road had treated Congress with Wanton and absolute contempt. They had refused to pay a just due to the District,not of $147,000, but of $234,000. They had ig- noreid the commands of Congress and had disregarded all their obligations. At the outset, when the road had been given, in 1864, exclusive franchise, the company had for a number of years made no move to- ward giving the public the facilities for which their charter was granted. Mr. Cobb said that it was understood that no part of this expense should be borne by the road. Mr. Hepburn denied this. Mr. | Cobb retorted that the agreement to that effect was valid. Mr. Hepburn int to say that courts had held differently, and for a moment the voices of the two mem- bers were mingled tn unintelligible confu- sion. Soon afterward Mr. Kilgore projected himself into the debate to ask a few ques- tons, which Mr. Hepburn readily answered. The latter then proceeded with his analysis of the situation. Mr. Cobb asserted that in the trial of the case the question had been deftly divided, so as to take the most vul- nerable point out of the hands of the jury. To this Mr. Hepburn declared that the trial had been prefectly fair. Mr. Heard Explains. At this point Mr. Hepburn'’s time ex- pired and Mr. Heard asked, in behalf of the committee, for ten minutes, in order to explain the position of the committee. He peals were referred to Prof. Nalle and im- | Tead from the report to point out the prop- ositions of the company, He said that the committee had decided to report the bill to the House, so that it might be amended in the best way. If Mr. Hepburn thought the road was getting too much grace, why did he not move to amend the bill to make the company pay all the money said to be due? “In whose interest,” he asked, “is the gentleman working? If in the interest of the people of the District why don’t he make the road do all he claims it ought to 10? Mr. Coombs of New York took the floor next to oppose the bill. He read some statistics of the status of the local railroads. The Wash- ington and Georgetown raliroad in ten yeurs had, he said, paid 50 per cent profits, ; and the Metropolitan company, with $745,- 000 worth of stock issued, and $290,000 less than that paid in, pays over 12 1-2 per cent. “We have come to the dividing line in the determination of this question,” he said, “Congress owes it to the District to listen to the voice of the people and the Commis- siorers that the great wrong contemplated by this bill should not be perpetrated. I hope the House will adopt my amendment to make the company pay its honest debts. These charters will soon be of immense value, and we should preserve them.” Mr. Allen's Speech. Mr. Richardson called attention to the appears to be nothing affecting the title of the United States. The present occupants of this reservation are supposed to be licensees of the United States, and their occupation would not affect the title, if Congress sees fit to authorize the use of the ground as a site for an engine house.” —— DISTRICT IN CONGRESS. Protesting Delegation, A delegation of property owners, headed |by Messrs. Trescott and Henry Willard, waited on Senator Harris today to protest against the passage of the bill anging the route of the Belt line rail- Senator Harris assured them that shoul] be given a hearing before the subcommittee in charge of the bill before action is finally taken. Aa et Work. Col. George H. livut has made a report to the chief of engincers of the operations | jen the Washington aqueduct during the | month of March. The consumption and waste of water for tho twenty-four hours ending at 10 a.m. ard found to be 3,274 gall Conduit road over No. 4 tunnel was re- paired. s ed during April to crush stone for further repairs of the Conduit | read. | The work on the receiving reservoir was jcarried on night and during the | month. The placing of the concrete foun- | dation for the invert of the tunnel arch | was continued to March 17, making lineal feet completed ¢ 2g the mc a total of 606 feet beg: The brick lining of the ft was j up a distance of 7.4 feet to refe feet. The lining of the tunnel was com-| pleted for a distance of 145 feet and the} portion below the springing line was com- | pleted for an adultional dt e of 38 | feet. A tramway was constructed from the top of the hili above the shaft to the shaft | | for lowering the material for lining the | shaft and upper portion of the tunnel. | Four cars were constructed for use on this | tramway. The lining of the shaft and tunnel will be continued during April. Douglas Fisher of 811 9th street southeast, | | while cutting cheese yesterday, accidentally cut off the larger portion of two fingers, and he was treated at the Emergency Hos- pital. |Joknson said that he had fact that there was no amendment pending, but Mr. Allen of Mississipp! secured the floor to move that the last word of the sec- tion be stricken out In order that he might make a speech against the committee's proposition. He said: “I have been here several years and have been watching Washington street railroad legislation with interest. I remember when I first came it Was proposed to incorporate an important l.ne, and tremendous influence was brought to bear by the existing lines to prevent the passage of the bill. There was @ hot = and a great deal of filibustering. Then fol. lowed the bill to make this railroad giv the people better facilities. This ie here now for the second or third time ask- ing for extra Ume, and as yet has done nothing to carry out the provisions of the bill We hear a great deal about the ‘squeezing process.’ I think that process is on the other side. “Street railways all over the country have adepied that process whenever they get valuable franchises, squeezing the peop! dry. This ratiroad has got into a hole and must have furthe: legislation to pre- serve the franchise They are very willing to do the right thing now—‘when the devil Was sick, the devil a saint was b 5 A loud murmur of amused protest against m of quotation interrupted moment, but he went on: » court and pleadc4 the Statute of limitations. I have no disposi- tion, as one member of Congress, to huct this road, but I am unwilling to see this billy I dont care about the tech- nicalitie t y have got a franchise worth a great deal more money than they owe the Dis- trict. They have forfelted it, and now they want to save it. The just tb matter with conditions. You may ca process if you Want to, but it of this Com- es are given the road has taken advaniage of nan, ita is t sit gress, before any further priv the company, to make it do what it should jo. Mr. Jobnson for the Bt Mr. Johnson of Indiana said he hoped the correctness of Mr. Allen's facts was better than his quotation. He attributed his an- tagonistic attitude to his general antipathy to corporations. The company, he said, was faced with the impossibility of using two of three systems, and now asked to be given a chance to use the third one. Mr. originally been in