Evening Star Newspaper, April 13, 1894, Page 1

THE EVENING STAR PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR a ewspaper Company, ‘The gity by jomters, om their = Freda eass! ‘By mail—anywhere in ites or Canada—postage prepald—50 Saturda: Star, $1. 2 vi clas petage aid 05 per year; er The Boot Ones fashingtoo Bs second-class mail tmtter) iti §Z.A! pall subscriptions must be paid tn advance. en_of advertising made known on application. the counter the United vents per Vor 84. No. 20,858. | Che £Zoening Star. WASHINGTON, D. O., FRIDAY, APRIL 18, 1894-TWELVE PAGES. TWO CENTS A POINTER. : Whe circulation of The Star is greater than that of all the other ‘Washington dailies combined, and 4 believed to be five times that of its afternoon contemporery. A Sworn detailed statement of circu- lation is printed each Saturday. FOR MISS POLLARD Fudge Jere Wilson Commences the Closing Argument. A CLOSE ANALYSIS OF TESTIMONY Nothing, It is Claimed, Against the Plaintiff's Character. THE MARRIAGE CONTRACT “It is the same old story of the Garden of Eden. It is the same old excuse that Adam Save. But, to the credit of mankind be it said, Adam has been a man of bad repute unto this day.” This was the text of Mr. Jere Wilson's address to the jury in the Pollard-Breckin- Fidge case today. Upon this he based a powerful argument. He lashed the defendant with scathing words. He showed up the conduct of Mr. Breckinridge in what he considered to be its true light. Mr. Wilson's effort before the jury could hardly be called a speech in the sense that the word was applied to Mr. Butterworth’s address yesterday. There were few attempts to soar on the Pinions of oratory—few pyrotechnic displays. On the other hand, he criticised Mr. Butter- worth severely for attempting to eke out a bad case with words and to decorate it with the flowers of eloquence. Mr. Wilson's ad- dress was rather in the nature of a dispas- sionate summing up of the plaintiff's side Of the case. Not that there was no eloquence in what he had to say; by no means. He parried the steel of his opponents with steel. He met “Col.” Phil. Thompson's Biblical quo- tations with other extracts from the Book to show that vice is not to be extenuated om any grounds. The fact that Solomon was miscellaneous in his attentions to the fair sex he did not consider was an argu- ment for excusing Mr. Breckinridge for Propositions advanceé that he had ever heard in any case. Col. Thompson, one of the chosen counsel’ for the defense, had told them that all men were bad, all were alike, in.other words all were the secret enemies of women. He had asked the jury why they should find fault with the de- ferdant when Solomo. had had his wives and concubines by the hundred. Why find fault with him when David had done the same sort of thing. But there was a portion of David's story, said Mr. Wilson, that Col. Themjson had not told them of. He forgot to tell them of the patriarch who came to David and told him of the poor man’s ewe lamb that had been taken by the rich man. “And David waxed exceed- ing wrath, and was for punishing that man just as I now ask you to punish his parallel. And Nathan said to David: ‘Thou are the man.’ An Apropos Story. “Col. Thompson, in his Biblical research in preparing for this trial, seems to have overlooked one story thet I am now going to tell him. It is the story of Absalom, who had a sister fair to look upon. And Ammon desired her, though he did not of- fer to take her out carriage riding, or any- thing of that sort. He pretended to be sick and asked Tamar to bake him some cakes. But he did not eat the cakes. He de- bauched the girl, and she was desolate and went back to her brother’s house. She told her story and Absalom did not forget, al- though there were no juries then to appeal to. When sheep-shearing time came, two years later, Absalom bade him to a great feast and when he was drunken with wine, Absalom’s servants smote him to Jeath for what he had done. “That, gentlemen, was in an older civi- lization. The Prince of Peace has come upon earth since then and we no longer kill. We seek redress by methods of law, as this girl has done. “There were other curious features in Col. Thompson's argument, which, to say the least, was very blunt. It was the same argument, though, that was repeated by Mr. Butterworth in his more polished speech. Col. Thompson is more flippant than his associate,and is never as dramatic, but their arguments are practically the same. “Mrs. Blackburn represents all that is best in American motherhood and woman- hood, and yet this man spoke of her us ‘that old lady,’ ‘one who is not a maiden young and fair,’ ‘her frizzes and all.’ He also sought to discredit the testimony of Dr. Parsons by ceferring in ugly terms to all women physicians. There was a time when women were drudges and the ‘mere playthings for men.’ But women are push- ing to the front in every walk of life, and the faster they come the better for the land. Nowhere is there a place where they are more suited than in this very profes- sion of medicine, a profession to which Dr. misleading and deluding Miss Pollard. The ease of Absalom's sister was more in Keep-| “Men are trying to keep women down, ig, he thought. He met Mr. Butterworth's = they as > it, and every a they eulogy of “country giris, home and mother” | t#ke upward is better for them, better for §ith words of like praise. But he did not | ¥°% fF me and pager: Sania seem to think that “home and mother and| ,, Pc part nad bomen ics! victims oat cece had anything | “My friends on the other side ask the to do with Mr. BreckinFidge's Nability for | Weston, ‘What.is this woman” and then dathaues fox’ wstating Sa greaine te they turn around and call her a wanton Parsons is a light and honor. Miss Pollard. Mr. Wilson devoted the entire morning to what he considered the material points in the case, the claim that the defendant bad betrayed the plaintiff and then had Promised to marry her, a promise which he afterward repeated in the presence of other People. There were no references to the much debated Wessie Brown letter, the famous carriage ride and to other inci- dents upen which the defense has laid par- ticular stress. These he seemed to regard as incidents that had no particular import- ance as bearing upon the case in issue, as compared with the evidence given by Mrs. Blackburn, Major Moore and Mr. Claude de la Roche Francis. In short, it was exactly the sort of a Bpeech that those who are familiar with Mr. Wilson’s methods expected he would make. He took the ground that, devoid of all Verbal embellishments and wordy confusion, the case was as simple as could be. He maintained, with a great deal of effect, be it said, that the plaintiff had proved con- elusively that a contract of marriage did exist, a contraet which the defendant vio- lated, and that the defense had falled utter- ly to show that Miss. Pollard was a woman of bad character. That was all there was of the case Mr. Wilson talked all day, although at times it was evidently an effort, as he was suffering from a bad case of sore throat and hoarseness. Miss Pollard was not in the court room today. There was a large crowd Present, both morning and afternoon, and everything the speaker said was listened to with the closest attention. Judge Wilson Bexius for the Plain- tin. There was no delay this morning, but immetiately upon the opening of court Judge Wilson began the final address to the fury. that the case was so near a close and that the verdict would assuredly be in accord- ance with all the dence in the case Judge Wilson said that the defendant had been he his cou: answer. It was a startling statement of his that this case with ali its unpleasant Tevelations ought never to have been be- gun After expressing his gratification | eard upon the stand and through | sel and it now became his duty to} The defendant seemed to think that } and a woman of the town. Let them call her what they choose. I am going to show you befcre I get through that whatever she is the defendant in this case is responsible for her position and character. “Mr. Butterworth spent several long hours arraigning this girl, showing you how she fastened her hold upon this man and dragged him down and ruined his life. Their argument {s that she seduced him— not that he seduced her. If this case were not so serious I would dub such defense as ludicrous in the extreme. I am surprised that the defendant there could sit hour after hour while his lawyers lined out a de- fense that made him out the veriest coward aud craven. Mr. Butterworth pictured him pot as a ‘twinkle, twinkle little star,’ but as a star of the first magnitude, shining brightly; and he has told you how this wo- man has reached out to drag him from the firmament which he illumines so. Tha’ ‘3 but another way of saying that she se- — him. “Mr. Butterworth has drawn us a picture of that lovely home in Lexington, only four squares away from Sarah Guest's, of the mother and daughters that ornamented it, and the son who has stood so faithfully by his father. All honor to them. But | he tries to make us thipk that this plain- tiff, sitting there at Sarah Guest's, forgot all this and by decoying that old gentleman away has destroyed that happy home. For eur delectation he has thrown oratorical | firecrackers in the air, turned on the blue Mghts and through it ail we see his Pic- ture of this woman who seduced the man away from his home. It fs the same old excuse that Adam gave. but to the credit of mankind be it sald Adam has been a man of bad repute. “It’s a curious thing that our friends on | the other side have never argued this case at all nor even told you what it was. For a day and an hour Mr. Butterworth rode his Pegasus around among the stars, his noble steed all flecked with foam, but never once did he touch the case in point. Orce he came very near it. “It was one minute before half-past 12 yesterday. He had been spurring Pegasus | very hard, but for a moment he e down to earth and with eloquent attitude said: ‘Now, gentlemen, I am going to tell you what this case is.” And then he looked up at the clock, and, discovering what time it was, asked for an adjournment. He never got | back to the case again. Once he did tell you that it was an action for breach of promise, but that his client had never prom- ised to marry the plaintiff. That W All. He spent the rest of the time standing on “It is the old story of the garden of Eden. . the revelations of this case were polluting | the shore of the stream of truth, into which the moral atmosphere of this community, | he dared not plunge, letting off oratorical TO GO TO THE COURT)'N SENATE AND HOUSE/NAVID DUDLEY FIELD Proposed Reference of the Metro- politan Railroad Case. RESULT OF A CONFERENCE TODAY The Court of Appeals to Be Asked to Decide. CONSENT OF THE COMPANY Final action looking to an adjustment of the controversy between the Metropolitan | Railway Company and the District of Co- lumbia was taken this morning at a con- ference between the attorneys for the gov- ernment, the attorneys for the railway company and a subcommittee of the House District committee. It was agreed to re- port the Metropolitan railway bill with an amendment referring the matters in dis- pute to the Court of Appeals of the District for final adjudication. District Attorney Thomas and United States Attorney Birney,for the government; Col. Britton, Mr. Nathaniel Wilson and President Stephenson, for the railway com- |Pany, and Messrs. Cobb, Abbott and Cogs- well, for the District committee, were the parties to the conference. The Proposed Amendment. After a full discussion of the question it was decided, with the concurrence of all the parties at issye, to report the following amendment to the pending Metropolitan railway bill: “See. 3. And be it further enacted, that the District of Columbia against the Metro- politan Railroad Company of the District |of Columbia at law, No. 22,458, in the Su- preme Court in the District of Columbia, together with the original papers and record entries therein, duly certified, shall, by ap- propriate orders duly entered of record, be transferred and delivered to the Court of Appeals of the District of Columbia, which said Court of Appeals is hereby vested with original authority and jurisdiction to hear and determine said case, without jury upon the pleas and issues and proof tnerein other than the plea and issue relating to the statute of limitation, and to determine from and upon said record and the plead- ings and proof therein contained, and such other proof in said hearing as said courts may determine to be necessary in order to dispose of the case upon its merits, wh: of Columbia from the satd railroad com- stated in the declarations filed in said case, and to enter judgment against said com- pany in favor of the District of Columbia for any sum or sums of money that said Court of Appeals shall find due from said company in respect to said cause of action, for the amount of which said judgment execution may issue out of said court, and said judgment shall immediately become a lien upon all the property of said com- pany, to be enforced in the manner now provided by law for the enforcement of other liens, and shall be paid within ninety days from the date thereof, Consent of the Company. Provided, That this act shall not take effect until sald company shall file in said Court of Appeals its consent in writing to the aforesaid transfer of the said caSe and also a waiver of all its right and defenses under the statute of limitation, and also a waiver of all rights, benefits, advantage and of the decision and judgment of the Su- preme Court of the United States as made and entered in said case, i, further, That the cost of of the hearing of said case in Court of Appeals Il be paid by said railroad company, provided, that the judg- final and that there shall be no appeal therefrom, and provided, further, that the cost of said transfer and of the hearing of said case in the Court of Appeals shall be paid by said railroad company. The Next District Day. The bill, as amended, will be called up in the House for consideration upon the next District day, and, it is expected, will go through without further delay. If the amendment is adopted further proceedings be discontinued and all questions in con- nection with the dispute left to the Court of Appeais. peas SS THE COLUMBIA HISTORICAL SOCIETY Officers A Constitation Adopted Chosen for the Yea The meeting for preliminary orgaaization of the Columbia Historical Society was held yesterday afternoon in Columbian Universi- ty. At the request of the temporary chair- man, Dr. James C. Welling, absent through illness, Mr. Spofford calied the meeting to |a transcript of the record of the case of | if any, indebtedness is due to the District | pany in respect of the cause of action | defenses that it has or may have by reason | Mr. Peffer Ooncludes His Long Speech on the Tariff Bill Senator Mitchell Also Speaks Against the Measure—No Quorum in the House. There were but ten democratic Senators present when the Senate met today and about half as many more republicans. Mr. George gave notice that on Tuesday next Mr. McLaurin would address the Sen- ate on the tariff bill. The urgent deficiency bill was taken up and Mr. Cockrell offered an amendment, which was agreed to, appropriating $46,000 for the mint at Philadelphia, made neces- sary by the unprecedented coinage of gold at that mint. The question of the destruction of plates and reports prepared for the census was again taken up and discussed by Mr. Man- derson, who criticised the action of the acting superintendent of the census in elim- inating the report of Mr. Donelson. Senator Hoar claimed that it was the prerogative and the duty of the men in charge of the census or any other govern- ment work to strike out matter. A similar state of affairs occurred constantly in the consular service and the reports of consuls were often altered and injured from a lit- erary and scientific point of view, but no one questioned the propriety of it. Mr. Peffer's Speech Resumed. The discussion was further continued un- til 1 o'clock, when the urgent deficiency bill was displaced by the tariff bill, and Mr. Peffer resumed his speech, which was stop- ped by the limitation of time yesterday evening. He took up again the sugar question and antounced his preference for a bounty on sugar. In concluding he outlined the plat- = on which he stood, in regard to this He was utterly opposed to the modern system of protection as exemplified in the McKinley bill,and he would have favored the Wilson bill as it came from the House, elther with the gradual reduction of the bounty on sugar or with absolutely free sugar. “I am ready for free trade,” said he, “if | the rest of us are, but as long as my neigh- |bors claim protection for the products man- jufactured T shall claim protection for the productions of the farm. I am opposed to the bill now before us because it discriminates against the people I represent; because it removes the duty , from the farmers’ wool while retaining it on the manufacturers’ cloth; because, while I favor the income tax as a’ good beginning | in the right direction, it does not go far enough. The bill, taken as a whole, I do | mot regard as any improvement on the bill now in force, and, as regards wool and sugar, it is much worse. If this bill is the best sample of a tariff bill that the democrats can give us I will | wait until the populists come into power. | “How many votes will be cast on the final passage of the bill will depend on what changes are made in the meantime.” Senntor Mitchell Speaks. Senator Mitchell (Ore.) was then recog- nized, and in the beginning of his speech described the events and policies which produced the republican party and on which that party still stood, THE HOUSE. The struggle over the adoption of the new rule to secure a voting quorum was resumed when the House met today. The republicars made a preliminary stand against the approval of the journal. As soon as it had been read Mr. Boutelle jumped to his feet and objected, and when Mr. Dockery moved its approval the repub- licans sat silent in their seats. Upon the announcement of the result of in court against the railway company will | the rising vote, 105-0, Mr. Boutelle made the point of no quorum and the roll was called. | | ‘Phe republicans refrained from voting ment of the said Court of Appeals shall be | and the result showed that the democrats were 28 short of a quorum. Mr. Dockery then moved a call of the House, instructing his side to vote down the motion in the hope of developing a democratic quorum. Ee But again the democrats failed to get their quorum. The motion for a call was | defeated—140-14. The democrats were still | 25 short. The prospects of a quorum today was hopeless and as it meantime had been d cided to call a democratic caucus to con- sider the rules Mr. Dockery moved an ad- | Journment, and, at 1 o'clock, the House ad- journed. thie alamubentent (rs the cxoci tee’ from the clerk’s desk was greeted with loud republican cheers and jeers. DEMOCRATI iC HOUSE CAUCUS. To Dock Absent Members Under Sec- tion 40 of the Revised Statutes. As it was apparent that the democrats of ihe House would be unable to secure a quo- rum today to act upon the new rule to in- sure a quorum, Mr. Springer started a He did not wonder that the defendant wish- ed the case had never been instituted. It was a remarkable statement of Mr. But- tervorth's that the cour sel for the plaintift must arswer to the community for spread- ing this vile contagion. Is there no redres: in this world if what the defendant hims stand be true? Must they forego all re- dress lest they spread a contagion? The defendant cannot be killed for his crime He cantot be confined in a double-locked cage to keep him from polluting the women of the land. All that can be done is to come before a jury of good men and seek such redress as the law allows. Mr. But- terworth had told them of the interest at- tracted by this case in all other lands, but we must not forget that in England when ¢ases like this become an offense in the nostrils of the Anglo-Saxon people the courts are opened for the trial of the of- fenders. Many hav+ chosen to flee from lustice and retribution and seek a refuge fe foreign lands. Brignt intellects have been dimmed Bright stars have been dragged down from the firmament, as Mr. Butterworth had so poetically expressed it. Mr. Wilson said that he and his friend, Mr. Carlisle, were perfectly willing to an- Swer for all the responsibility that might Fest upon them. He cnly wished that he eight speak in terms of such power as to Ying around the world in condemnation of such acts as they had heard of. He would ask his brother, Butterworth, what he ‘would do in a case like thi “Suiting himself to the exigencies of his ease,” said Mr. Wilson, caustically, “I pre- e he would say that the wcman should Bert ress.” ned out and the man sent to Con- Pleading for Womanhood. Continuing, Mr. Wilson said that he was} pleading not so much for the woman as for womanhood. He was speaking for a better and a truer observance of the social and moral law. It was wrong to say that What destroys a woman only injures a man. “I am pleading for the law that shall Jeach all people alike. Brother Butter- —- eloquently of the virtue of e country girl. if in the next eed chaperones to prote jot have been surpris ath he had sald that gray-haired, forty- geven-year-old men cid not need a body gvard to ward off the wiles of these same écuntry girls. I can well imagine the mothers of this land reading in the news- Papers that this case was so near a close, ‘writing letters asking for the protection of the American girls, writing even to me to ask me to plead my very best for the safety our daughters.” nes Wilson then read to the jury just such a letter as this that he had received, full of pathos and religious feeling, telling him of the great significance of this case to society in general. In the arguments in this case, he said, there were some of the most remarkable t them. f has admitted on the | He said that they did not | I shouid | pyrotechnics. That was all he had the courage to do. “I feel very sorry for Mr. Butterworth. As se has told you, we were boys together on the old Miamt hills, ploughing through the same clover, whiffing the fragrnce from the blossoms of the same apple tre2s, and, {he might have said, robbing the same orchards. All this has little to do with the case, it is true, but we ate good frienis, and I really did feel sorry for him. It must have been very hard to talk when he had so little to talk about.” The Particulars of the Case. Leaving this line of argument for awhile, Mr. Wilson came down to the particulars |of the case. After defining it he sald that |the defense had simply entered what is known in legal terms as a general denial. As another contention they had claimed, not denying that there was a promise of marriage, that there was a mutual under- | Standing between the parties that the con- tract was never to be fulfilled. Stripped of all of its noise and confusion the case was one of the very simplest. It rested with | the plaintiff to prove a contract and h | claimed that these had all been done. I | was said that the plaintiff was an inter- ested party and as such was not worthy | of credence. Precisely the same might be said of the defendant. After speaking of | the value of evidence at some length, Mr. | Wilson touched upon the incident of Au- | gust, 1892, when the plaintiff claims he | first made the promises to her. “Her account of the meeting and the | carriage drive that followed about Washing- ton is a most likely and probable story. We have all noticed that throughout this |entire case wherever Madeline went this lamb was sure to go.” Then changing the simile, Mr. Wilson compared the defendant to a beast of prey and said that no wolf had ever followed its quarry more relentlessly than this man followed the every incoming and outgoing of this young woman. When she was staying at Mrs. Thomas’ as a companion and friend this defendant was constant in his devotions and atten- tions. He was at the house three or four times a day, to lunch, in the evenings and out together. Of an evening he would take her to the Ebbitt to call upon his Ken- | tucky friends. “Upon what do you base that last state- ment, Judge Wilson?” asked Mr. Stoll, in- terrupting him. “Upon the testimony of Mr. Francis, a disinterested witness,” said Mr. Wilson. “And upon the stand I asked the defen- |dant on cross-examination and he did not deny it.” Mr. Breckinridge Called Down. “But I did deny it flatly,” said Mr. Breck- inridgs, in the most polite of tones. Then Judge Bradley took a part in the incident. “I wish to say right here that if there (Continued on Second Page.) |/movement for a democratic caucus as soon order and, by vote of the society, assumed the chair. Dr. Toner, as chairman of the joint committee composed of the three committees on constitution, charter end officers, reported a draft of constitution and a draft of articles of incorporation. It was voted to adopt the articles of incorporation under the laws of the District to perfect the organization of the society pending the grant of a charter by Congress; and after discussion the constitution proposed through the joint action of the committees was also adopted. Since the constitution provides for the election of officers without nomination, the report of the committee on cficers was not called for. The society then proceeded to the election of officers, and the following were chosen: President, Dr. J. M. Toner; vice presidents, Gardiner G. Hubbard and Ainsworth R. Spofford; recording secretary, Marcus Baker; corresponding secretary, M. I. Wel- ler; treasurer, E. Francis Riggs; curator, James F. Hood; councilors, to serve four years, Miss Kate Field-and W. J. McGe three years, Dr. James C. Welling and Lawrence Gardner; two years, John G. Nicolay and Judge A. B. Hagner; one year, Theodore W. Noyes and Miss Elizabeth Bryant Johnston. Under the constitution the next meeting, which will be probably of considerable pub- lic interest, will be held on the evening of the first Monday in May. The constitution adopted declares the ob- jects of the association to be “the collection, preservation and diffusion of knowledge respecting the nistory and topograpay of the District of Columbia, and national his- tory and biography.” It is provided that active members shall be residents of the District, and honorary members shall be those eminent in historical attainments resident elsewhere. —————EE A Dinner to the Speaker. Representative Straus of New York gave a dinner at the Arlington last evening in honor of Speaker Crisp. Those present, be- sides Mr. Straus and Judge Crisp, were Vice President Stevenson, Secretary Gres- ham, Senator Patrick Walsh, Senator Ar- thur P. Gorman, Representatives C. R. Breckinridge, T. C. Catchings, Benton M. Millan, A. B. Montgomery, E. J. Dunphy, W. D. Bynum, Chas. Tracey and Mr. Don M. Dickinson of Michigan. ———__+.e— Shot the Color Bearer. A medal of honor has been awarded to Second Lieut. Patrick DeLacy, company D, 143d Pennsyivania volunteer infantry, for most distinguished gallantry in action at the battle of the Wilderness, Virginia, May 6, 1864. In the charge upon one of the breastworks held by the enemy, Lieut., then Sergt. DeLacy, running ahead of the line in @ concentrated fire, shot the confederate color bearer on the breastworks, [Jeet jing tactics |tion looking to the enforcement by the ser- | as the Hotse adjourned. The petition for/a caucus which he circulated gave as its ob- the “consideration of rules.” Mr. Springer does not approve of the rule pro- |posed by the committee on rules, and, with |many other democrats, prefers that some jother method than fining members shall be ‘employed to crush filfbustering. He thinks |the matter should be canvassed and dis- cussed in caucus. The petition was gener- ally signed, and the caucus was called to order soon after the House adjourned in the hall of Representatives. As a preliminary step toward curing the evil of absenteeism and crushing filibuster- Mr. Bland presented a proposi- geant-at-arms of section 40 of the Revised Statutes, which provides for “docking |members for such days as they are absent, except on account of sickness. The suggestion was hearuly approved as |the best method of compelling members to attend the session of the House. It was entirely independent of the anti- libustering nule before the House. After Some debate a resolution instruct- ing the sergeant-at-arms to enforce this law was unanimously adopted. Theg ques- tion of compelling members who decline to vote to participate in legislation then came up. Several propositions were presented, the rule formulated by the committee on rules to fine members, the Springer rule to bring members present and refusing to vote to the bar of the House and there compel them to vote or enter their names on the journal as present, but not voting, and several others. ‘The Speaker then took the floor and made |an elaborate and vigorous speech, pointing lout the deplorable position in which the | House found itself on account of con- tinued and persistent absentees. It left the House at the mercy of the minority whenever, by a wink or nod from Mr. Reed, the republicans declined to an- swer to their names. He reviewed the legis- lative situation and the necessity for prompt disposal of the business in the House, and insisted that something must be done to remedy the ev! While the Speaker did not advocate or oppose any particular method of accom- plishing the purpose aimed at, in conclud- ing he announced that he believed what- ever method the caucus decided upon could be made a part of the rules and enforced in the House. Mr. Pendleton (W.Va.) offered a resolu- tion expressing it as the sense of the caucus that some sort of rule for ascertaining and recording the presence of a quorum should be formulated by the committee on rules, ——-e.____ Postmasters Appointed. The total number of fourth-class post- masters appointed today was 42. Of this number 25 were to fill vacancies caused hy death and resignation, and the remainder by removals, |the day, and no serious ap Death of the Eminent Codifier of Law. DISSOLUTION OF A NOTED QUARTET Sudden Termination of an Attack ot Pneumonia. | IN GOOD HEALTH WEDNESDAY NEW YORK, April 13.—After an illness of exactly twenty-four hours, David Dud- ley Field, aged eighty-nine years, died at 3 o'clock this morning of pneumonia in the residence of his daughter-in-law, Mrs. Dud- ley Field, No. 22 Grammercy Park. When Mr. Field arrived on Wednesday from Genoa his face bore the color and other evidences of almost perfect health. He was welcomed at the foot of the gang plank by a party of friends and relatives, and in the season of good feeling upon his arrival home none was more bright or cheery than Mr. Field himself. Wednesday was a day of tempestuous weather. The blizzard that prevailed was at its worst when the steamship was warped into her dock, and when Mr. Field came ashore the roaring wind and the rain soaked atmosphere permeated every part of the shed above the plier and whistled about in currents that were searching and dangerous even to those of youth and ut- most vigor. After having arrived within the warmth of the house Mr. Field complained of no un- easiness or discomfort from his exposure on the pier, and all through the day of Wednesday none could have been more brightly entertaining than be. At 3 o'clock Thursday morning Mr. Field was seized with a congestive chill. Dr. Steven Burt was immediately sdnt for, and pending his grrival the family and ser- vants applied all the remedies familiar to them in such cases. Upon the arrival of the physician he detected immediately upon examination the fact that Mr. Field was threatened with pneumonia. He remained almost constantly with his patient through n was felt in the household. At 3 o'clock this morning the members of the household were aroused by Dr. Burt, who had spent the night with the sick man. Mr. Field had seemed to be sleeping, al- though he roused as his daughter-in-law entered, and recognized her, as he did his riece, Miss Clara Field, the adopted daugh- ter of Dr. Henry Field. At this time the patient lay easily upon his side in the natural and easy position of a person in profound slumber. His eyes closed shortly after 3 o'clock, his breathing, though not normal, was not painful, and there was little to indicate that at’ that hour the eminent jurist was passing from life to death. This was true, however, for he never awoke after the brief recognition of the household as they gathered by his bedside in response to the summons at 3 of civil procedure was to obliterate the dis- tinction between the form of action and between legal and equitable suits, so that all the rights of the parties in relation to the subject of litigation can be determined in one action, instead of dividing them be- tween different suits. This been adopted in twenty-four of the states and territories, and is the basis of the legal reform established by the new judi- cature act in England, and of the practice in several of the English colonies, including India. Eighteen of the states and terri- tcries have adopted this code of criminal procedure. For some years following the enactment system hus | eS MORE WATERWANTED A Bill Discussed by the Senate Dis- trict Committee. A POSSIBLE ELECTRIC LIGHT PLANT of these laws he continued to publish numer- ous pamphlets, including the “Law Reform Tracts;” also frequent articles, and drafted bills that were introduced into the legisla- ture for the purpose of effecting the comple- tion of codification. In 1857 Mr. Field was appointed by the state of New York head of commission to prepare a political code, a penal code and a civi# code. ‘These, with the two codes of procedure previously made, were designed to supersede the unwritten or common law. They were completed in 1865, an dcovered the entire province of American law, and presented to the people in compact form the whole law by which they were governed. The state of New York has, as yet, adopted only the penal code, although other states have drawn largely on the civil codes in their legislature, and in California and the Dakotas they have adopted them in full. Reforming Internati. Law. In 1866 he brought before the British As- sociation for the Promotion of Social Scl- ence, at its* meeting in Manchester, Eng- land, a proposal for a general revision and reform of the law of nations, similar to that which he had before undertaken in regard to the civil and criminal laws. He induced No Mention Made Today of the Taylor Nomination. OTHER LOCAL MEASURES The Senate District committee spent | pearly an hour and a half this morning in @iscussion of the bill that Senator Proctor introduced by request on the 2ist of Decem- ber last, providing for an increase of the water supply of this city. This bill amends the act of July 15, 1882, so as to enable the Attorney General and the Secretary of War to obtain title to such land and water rigtts at and above Great Falls as they may deem necessary for the present and fature supply for the District. Within ninety days after the approval of the act these officials are to make a written state- ment, specifying particularly the langs the appointment of a committee, consisting of eminen: jurists of different countries, charged with preparing and reporting to the association an outline of the international code, to be first submitted to their careful revision and amendment, and when mode as complete as possible to ‘be presented to the attention of the different governments, in the hope of receiving at some time their ap- Proval and adoption as the recognized law of nations. The distinguished jurists com- posing this committee resided in diferent countries, and hence it was difficult to act in concert. In consequence, Mr. Field took the whole matter upon himself, and, in is73, after the lapse of seven year: the social science congress his an International Code,” which attracted the attention of all jurists, and has been trans- lated into Freach, Italian and Chinese, which they may deem necessary for this | Purpose, and also the quantity of water per day that may be necessary, and shall file this statement in the District, in Fair- fax county, Va, and in Montgomery ccunty, Md., with the registrars or re- corders of deeds in those places. This act ; of filing shall be the taking for the United States of the lands and waters by right of eminent domain, and shall vest the title | #bsolutely in the United States. Looking to a Partnership. Section 2 of the act provided that if the , | Secretary of War and the Attorney Gen- the land and water rights taken or with | the owners of lands damaged by such tak- |ing or by the maintenance of the govern- It resulted in the formation of an asso- Clation for the reform and codification of Mont dam at Great Falls at its present the laws of nations, also having for his object the substitution of arbitration for war in the settlement of disputes between countries. The inembership includes jurists, economists, legislators and politicians, and to this organization Mr. Field was elected first president. An eminent chancellor of ‘England has said that “Mr. Dudiey Field of New York has done more for the reform of laws than ary other living man.” height, these officials shall have authority to enter into contracts with the owners of the lands adjacent to the Great Falls to secure to the latter the right to use and facilities for using so much of the water of the Potomac as may not be taken by the United States. And to this end they may |authorize or permit such structures to be made as may be necessary, all the value of any rights thus granted shall be re- |ceived in part payment of the land and | and was active with voice, pen and purse Mr. Field took much interest in politics. | W&ter rights taken by the government. Originally. a democrat, he voted with that} ‘The Appraisement of Property. Farty, although he persisteatly opposed its pro-slavery policy, until the nozaination | Secticns 3 and 4 of the bill provide for of John C. Fremont in 1856, whom he sup- the appraisement of the property by three ported in the presidential canvass of that | commissioners and section 5 provides that year. During the civil war he was aif any claimant has a suit Pending now in staunch adherent of the administration | tne Court of Claims for cumpuaahihh Sap in aid of his country. rights heretofore taken by the government For eight weeks in 1876 he filled the un-| he may join this suit with any claim expired term in Congress of Smith Ely,| which may result from out the who had been mayor of New York city. | provisions of the act. Section 6 authorizes He acted with the democratic party and the Court of Claims to appoint a commis- Was one of the advocates-on that side in sion of three, one or more of whom shall be | the dispute over the presidential election. He delivered numerous addresses and contributed largely to current literature on political topics. His “Sketches Over the Sea” appeared at the time of his first trip abroad in 1836, and he published speeches, arguments and miscellaneous papers. The funeral services will take place at Calvary Church on Sunday afternoon next at_ 4:30 o'clock. The interment will take place at Stock- bridge, Mass., on Monday. Mayor Gilroy ordered the flags on the city hall to be displayed at half mast today for the death of Mr. Field. —_—>—_—_ BERING SEA CLAIMS. A Commission to Be Appointed by the United States. by the British Columbian legislature yes- terday of the resolution praying the queen to withhold her assent to the seal lezisla- tion until some arrangement had been made with the United States for a settlement of the claims of the sealing vessels captured o'clock this morning. There were only three persons with him when he expired—| by the United States prior to the modus vivendi. As a matter of fact, the United There was no necessity for the adoption | Mrs. Dudley Field, Miss Clara Field and States government had already agreed to Dr. Burt. | the creation of a commission that shall ad- When the doctor was convinced that | judicate these claims. The Subject came be- there was nb more respiration he turned to the ladies and, in quiet tones, said: “he | fore the Faris tribunal of arbitration as the has passed away in his sleep, and I think Tesult of one of the treaty articles, The he felt no pain.” |stipulation was that if the tribunal found The funeral services will be held at/that the United States had no authority to Calvary Church on Sunday next at 4:30 | exercise jurisdiction over Bering sea, and p.m. Dr. Satterlee wiil officiate, assisted | consequently had no right to make selzures by others who are not yet chosen. The | prior to that time, the tribunal should ine burial will take place at Stockbridge, Mass., | vestigate the circumstances of each seizure on Monday next. \of a British vessel. It was not to assess Mr. Field arrived from Italy early last | damages, nor even to pass upon the ques- Wednesday on the Columbia. He had gone {tion of the ability of the United States to abroad to take Christmas dinner with his | {Re owners of the vessels, but simply to re- |Port what is known legally as findings of only child, Lady Musgrave, and to attend | fact, such as the location of a vessel at the the twenty-first birthday celebration of her eldest son, Dudley Field Musgrave. His | me of seizure relative to the mile limit, the Value of her cargo and such details. This | Was done, and the result was the aggrega- daughter is the widow of Sir Anthony Mus- grave, who was governor of Queensland, Australia, when he died. She is living in | East Grinstead, in Sussex, about twenty miles from London. He then traveled about on the continent and took the steamer from Genoa for home. Mr. Field had expected to spend the summer among the Berkshire hills, where | he was born. He was engaged just now in writing his autobiography. Only last Wed- mesday he remarked: y one great am- | bition is to have my codes adopted all over the world. They are written and published, and it is only a question of time when they will be accepted.” Life and Career of Mr. Fiel “Dudley arrived this morning in splendid condition.” This was the dispatch written in a tele- graph office by Henry, aged seventy-two, to | Stephen, aged seventy-nine, about their big | brother, David Dudley Field, aged eighty- nine years, on Wednesday. David had just returned from a trip to Italy. Another of the illustrious quartet of Field brothers has passed away. It was broken into by the death of Cyrus W., who laid the Atlantic | cable, broken in health and fortune, and / overwhelmed by sorrow at the disgrace of | his son Edward. There now remain Dr. Henry M., editor of the Evangelist, and Stephen J., associate justice of the Supreme Court of the United States. David Dudley Field was born at Haddam, Conn., February 13, 1805, and was the eld- est_son, and was graduated at Williams in 18; He studied law, first in Albany, but after a few months removed to New York, where he completed his studies. Soon after Mr. Field’s admission to the bar in 1828 he became a junior partner in the law firm of | Henry and D. Sedgewick, with which he studied. Mr. Field attained special eminence in connection with his labors in the cause of law reform. As early as 1839 he wrote a “Letter on the Reform of the Judiciary System,” and afterward addressed a com- mittee of the New York legislature on the tion of claims against the United States for about two millions of dollars. While the United States government was not technically bound to pay these claims, it has been desirous from the begining to give effect to the spirit as well as the letter of the arbitration, and, therefore, as already stated, it has agreed to submit these claims to the adjudication of a special commis- sion, which will be composed of representa- tives of the United States and Great Brit- ain, with a third nation holding the bal- ance of power in decision. —_-o -__ AFTER THE LOTTERY. The Old Louisiana Company Supposed to Be Located in Honduras. letter to the collector of customs at Tampa, Fila., calling his attention to certain report- ed irregular proceedings at that port regard- ing the importation of merchandise connect- ed with a certain lottery enterprise sup- posed to be conducted by the old Louisiana Lottery Company. It appears that the of American origin, without the production of the evidence required in the regulations, and that a certain vessel, equipped with printing presses and other effects connect- ed with the lottery, makes trips between her cargo, but passes the same through the custom house on entry for immediate ex- portation. It is stated that by this means the lottery company, which does all of it printing and makes its arawings on board of the vessel, has thus far been able to evade our laws. Assistant Secretary Ham- lin in his letter informs the collector that while no law, in terms, prohibit the im- matter, the statutes forbid the transmission of such matter through the mails as preju- dicial to the public welfare. The collector is directed to refuse free entry to all such matter unless the most complete and satisfactory evidence shall be subject. In 1841 he prepared three bills, which were introduced. In 1846 he wrote a serles of articles on “The Reorganization of the Judiciary,” which was widely dis-_ tributed in pamphlet form. His influence was felt in the New York constitutional convention of 1846, and their report called , for a general code and the “reform of the | practice.” Before the legislature met in| January, 1847, he published “What Shall | produced of American origin and of no ad- vance in value during exportation. Here- after the vessel will be required charge her cargo, in order that cle may be obtained, and the strictest obs¢ ance with the law will be insisted upon. Lottery tickets are dutiable as printed me ter, and the department has fixed the du able value of such tickets at the price Assistant Secretary Hamlin has written a| lottery apparatus has been admitted free as | Honduras and Tampa without discharging | pertation through the customs of lottery | | skilled in hydraulic engineering, to act as |a board of reference to settle controverted questions of fact that may be formulated jand submitted by the = 7 gives the right of appeal to t Supreme | Court of the United States from the Court of Claims. The Payments of Judgments. Section § provides that all judgments an@ | claims against the government arising un- | der this act shall be paid by the Secretary y of the Treasury as judgements rendered by are now paid. Section 9 enables persons now under disability, such as described in section 1069 of the Revised Statutes, to bring suit at any time within six months, Three Owners of Water Rights. Senator Proctor introduced this bill at the request of the representatives of the Butler estate, whieh is a considerable owner in the water rights of the falis. The bill was drawn by them, and on being referred to the War Department it was discovered that in order to protect the interests of the gov- errment fully it would be ni to an.end the bill in several particulars. At present there are three owners of water nghts at Great Falis—the government, the Chesapeake and Ohio canal and the Butler estate. The main difficulty with the bill as ¢rawn is in the second section, which provides practically for a possible partnership be- tween the government and one of the other owners. The heirs of the Butler property are largely interested in a corporation which has recently been granted privileges by the Virginia legisiature, and has more lately applied to the Maryland legislature for the passage of a similar bill. This company evidently proposes to establish a power t at the falls for general commercial purposes, and in view of their intentions it has been represented to the District com- mittee by the officials of the government that it will be well to modify the pending bill so carefully that the government's in- terests may not become involved with the new project. | Points Discussed in Committee. | In the committee this morning the bill was discussed at some length, Senator Proctor presenting a long and careful re- port from Col. George H. Elliot, the army | engineer in charge of the water supply of the District. There were two main points discussed by the committee. First was the question of increasing the water supply, which was conceded to be important and | necessary, and which was recommended by | the District Commissioners in their report on the bill. The second was the matter of partnership relations between the govern- ment and the private owners of the water rights at the falls. As to the first point | there were two opinions, one being that sufficient land be acquired for increasing the supply of water to provide for the pres- ent needs only, and another that the in- crease in the supply should be with a view to a long term of years. | was decided as to the exte | crease, although the committee seemed to favor a more permanent improvement than that which would be accomplished by @ comparatively small increase of the gov- | ernment’s interest and plant at the falls. Against Involving the Government. It was the general opinion also that the | government should not now involve itself | in any possible partnership arrangements, and an amendment was informally agreed upon modifying the second section of the |= Court of Claims against the District | | bill so as to preclude this possibility. It was also su ed that the committee should discuss in this connection the project recently broached by the committee on rules of the te, in a report upon the question of better lighting for the Capitol and the new library building, Im | this connection, r Manderson, from | che commitiee on rules, introduced a reso- ution, which was adopted, calling upon the | Secretary of War for an cost of a plant Great ‘stimate of the Falls to furnish ectric power for lighting not only the Cepitol, but all the other public build- ngs of the city, and possibly furnishing | light for the streets and avenues, and for | private consumers P An Electric Light Plant at Great Falls No report has been received from the War Department on this subject and the District committee will probably withhold Jacuon en the water supply bill until this ndary matter has been in a measure if 3 Be Done With the Practice of the Courts? | the ticket as declared on its face. The col-| 2¢cided. Should it be determined that the Sball it Be Wholly Referred? Questions | Addressed to Lawyers.” In September, | 1847, he was appointed commissioner of. practice and pleading, and as such took part in the preparation of the codes of civil and criminal procedure. Both Codes Legalized. Both these codes have been enacted into law. The radical design of the new system lector is instructed to collect, if possibl unpaid duties, which were due on previous importations. The Treasury Department officials have taken advantage of every right them under the law to stamp out lottery scheme, and by strict enf of the regulations it 1s hoped to make com- pliance therewith so onerous as to force @n abandonment of the whole project. the | government can profitably establish an electric plant at the falls for lighting pur- pose the present bill for incre the supply of water may have to be materially amended, but this is a matter for future j discussion in the committee. The commit- tee contented itself today with a discussion of the subject in general without reaching any conclusion whatever upon the hill. It was certain that some such measure wi)