Evening Star Newspaper, May 31, 1894, Page 1

STAR. THE EVENING in a aA PUBLISHED DAILY EXCEPT SUNDAY. T THE STAR BUILDINGS, ia Avenus, Cor. 11th Street, by fg Newspaper Company, S. H. KAUFFMANN, Prest. Now York fics, 49 Potter Building, $1.00 per year: bington, D. C.. IT WILL NOT HOLD The Latest Indictment Against Col, Ainsworth Quashed, JUDGE HeCOMAS’ OPINION; He Follows Rules Laid Down by the Court of Appeals. DEFECTS POINTED OUT Judge McComas this morning disposed of the demurrer filed by Col. Fred. C. Ains- Worth to the indictment recently returned him charging him with man- slaughter in being criminaliy responsible for the death of Frederick B. Loftus, one of the victims of the Ford's Theater er of the th of June last. The dermur: ‘as sustained, Judge McComus holding that the ast @eath of Loftus did not appear to have ensued from aediate and direct re- sult of the p by © Alns- rth of his personal duiy. The announcement in The Star that the @ecision would be delivered this morning served to fill the court room, and Judge Me- Comas' elaborate opinion recetved the clos- €st attention of those present. Col. Ains- Worth was not present, but ex-Congressman Ben. Butterworth and Mr. J. N. Morrison of his counsei were present. District At- torney Birney and Mr. Hugh T. Taggart appeared on behalf of the sovernment. The pinion. The opinion of Judge McComas was folle’ The disaster a wth day of © ord’s Old Theater” on . 1893, was followed by an indictment of Ainsworth, Dant, Covert Sasse and for manslaughter. I overruled that indictment and re- The Court i ut of Col. Ainsworth alone, for mansiaugh charging him with an ssion or neglect of duty, whereby was d the death of Frederick B. Leftus, 13 re m a denvirrer. the Court of Appeals ner indictment prescribes ecisencss of allegation is indfetment. ‘Yhe Court of Appeals further state the rule of criminal Hability for culpable negli- gence thus: “Facts must be averred on the t to show that there lation a common or like personal duty on the part of each of the defendants, and the facts averred must hot only show the neglect of that duty, but make the party guilty of it liable to the of felony, such neglect must have al, and the death that ensued been the immediate and direct 1 negiect of duty.” Must have result of that perso: (Ainsworth et al. vs. U. S. Wash. Law Re- porter, Siu.) The Demurrer Sustained. This rule and the particularity of the al- fegations of such an indictment, insisted upon by the Court of Appeals, requires me to sustain the demurrer to this indictment. ‘The former indictmen: was long and elab- orate. The present indictment is more vol- uminous. Judge McComas then stated what the material allegations in the tndict- ment were, and then proceeded as follows: This indictment does not charge that Ainsworth assumed a duty and neglected the duty he had assumed, nor that he had an individual personal duty which he ne- glected. The indictment attempts to charge kim with an oificial duty, and with the ne- glect thereof. It avers that Ainsworth, bi ing the chief officer and head of the diy sion, and ss having charge of the old theater” building, and of the employed therein, distributed the the three floors; that he recom- the alterations to admit, an light plant into the building be he approved the drawing and specifications for this work, and requested Ford's ons that advertising for bids therefor be author- ized, and that the contract with Dant be approved. In addition, and whether In his official or individual capacity is not clear, the indictment avers that Ainsworth added two clauses to the specifications prepared by Sasse for introducing the electric-light plant and approved the drawing and spec ions; that the contract between Thorp, chief of the supply division of the War De- partment, and Dant contained, among ©ther provisions. these two clauses added tu the specitications by Ainsworth: Claases Added by Ainsworth. 1. “All excavation must be done at such times and in such manner as the officer in charge of the building may direct, in order that the work of underpinning and building ‘Walls may be safely and properly done.” 2 “All work to be done in a first-class manner and to the satisfaction of the of- ficer in charge of the building,” and the in- Che Lvening Star. Vor 84, No. 20,899. out in the indictment discloses that Dant} Was an indepe! ent ontractor; that the | two clauses recited did not take from him the con i of the work and the workmen: that therefore Ainsworth did not have the right to control, did not have the power to compel and therefore was not intrusted with the duties charged in this indictment. | | Therefore it is contended the indictment charges that Ainsworth omitted something he had no power to do and suffered and permitted something he had no power to prevent. I do not determine these ques- tions, because the whole contract {s not be- fore me. The Court of Appeals has directed that this indictment shall “set forth every fact with full and entire accuracy; that this requirement “is especially necessary where the act or omission charged as productug the injury is not in itself necessarily un- lawful, but only becomes by its peculiar circumstances and its relation to the re- sult that follows in the natural sequence of events. In such case every matter of fact essential to show the illegality of the act or neglect must be fully set forth and ission of any fact or circumstauce to constitute the offense will be Hence facts and not mere conclu- nelusions of law nust No essential element of the fatal. sions from facts or ci be stated. crime can be omitted without destroying the whole pleading. The omission cannot be supplied by intendment or tmplication, and the charge must be made directly and of recita’ Wash. Law not inferentially {Ainsworth et al. Rep., Vol. Allegntions in the Indictment. In alleging the duties devolved upon Ainsworth, I have shown that the Indict- ment violates these rules of precision. I next decide that In alleging the neglect of | duty by Ainsworth this indictment clearly departs from these rules. or by vs. ) w o. y s. the contract, to dire : unner | of excavation in order that the work of underpinning and building of walls be safe- ly and properly done, it fails to allege that the work of underpinning and building of walls was not safely and properly done. It fails to allege that this work was done in any manner. It fails to allege that this work was entirely omitted to be done. | It does allege that Ainsworth did omit to | relieve or require Dant and his workmen to relieve the central brick pier at the west end of the wall from the pressure upon it, before permitting Dant and his workmen to excavate preparatory to underpin- ning. It does allege that Ainsworth did “suffer and permit Dant and his workmen to excavate from under this | political affairs of those islands by any | other pler to attempt the building of a wall under ft without having first himself, Ainsworth, relieved, or caused Dant and his workmen to relieve the ples from the pre: ure pon it, by reason of which negligence, acts and omissions of Ainsworth this pier did sink and break, and the fron columns, beams and parts of the second and third floors gave way and fell. But the indict- ment fails to allege the things done which caused the brick pier to sink and break. It fails to allege that concurrently with Ainsworth’s suffering and permitting them so to Go, Dart and his workmen did ex- cavate from under the pier and did attempt the building of a wall without having first relieved the pressure upon it. It fails to allege that concurrently with Ainsworth’s omission to require Dant and his workmen to relieve the pier from the pressure upon it before permitting them to excavate preparatery to underpinning that Dant and his workmen did excavate from under the pier and did not first relieve the pier from the pi it. A Caine of Hfegence, The indictment, therefor® asks the court to infer that Dant and his bile, sh did excavate from under the pier, also that they did attempt the underpinning of the Pier, also that they did not first relieve the pler from the pressure upon it, and that a8 a consequence of these three essentials, facts thus inferred. the court may next in- fer that “this pier did sink and break and the fron columns, beams and parts of t second and third floors gave way and feil.” The indictment does not allege the cause of the sinking and breaking of the pier and of the falling of the floors. It does not allege the cause of the disaster, but re- quires the court to infer it. As the Court of Appeals have said, ‘such an omission cannot be supplied by intendment or im- plication, the omission of any fact or clr- cumstance necessary to constitute the of- fense is fatal.” Finally, if this indictment be taken to correctly allege a personal duty upon Ains- worth and a personal neglect of that duty, it does not appear even then to bring the case stated against Ainsworth upon the face of the indictment within the rule of criminal ability prescribed by the Court of Appeais, “that to make the party guilty of {t Mable to the charge of felony such neglect must have been personal and the death that ensued must have been the immediate and direct result of that personal neglect of duty.” (Ainsworth et al. vs. U. S., Wash. Law Rep., vol. 21, p. 81.) It does not appear that the death of Lof- tus that ensued from facts alleged, if taken to be correctly and fully alleged, was the immediate and direct result of the per- sonal neglect by Ainsworth of his personal duty sought to be charged on the face of the indictment. I sustain the demurrer, i ARMOR PLATE INQUIRY. Prof. R. A. Alger of the Navy Tells of Inspectio: Prof. R. A. Alger of the navy was heard today by the congressional committee in- dictment charges that Ainsworth was the | vestigating armor plate frauds. Prof. Alger Bitecr in chates of the building" ‘© |desertbed the method of inspecting govern- The indictment then avers that these two|ment armor plates. The Carnegie com- clauses of the contract between Thorp and) pany usually knew the particular part of Dant were intended to and did invest Ains- worth with the right and power to superin- tend the work of Dant and his workmen, to direct them when and in what manner all excavation should be done and required him to give them such instructions as to time and manner of excavation as would insure the stability of the building and the lives of persons in tt. I need not consider whether the Secretary of War by approving the contract could thus devolve a duty of such a nature on Ainsworth. nor whether the indictment shows he did require such duty of him, nor Whether {t shows that Ainsworth recetved notice that such duty thus devolved upon him, because the charge of duty which the indictment makes against Ainsworth de- pends en ly upon the construction which the pleader who prepared the indictment places upon these two clauses of the con- tract between Thorp and Dant. w, the construction of this contract in ting is for the court. The court cannot construe this contract in writing unless the whole written tract be set out, either by its tenor or at least by its purport, a full and complete statement of {ts sub- stance. Even an fsolated clause must be Judged by {ts context. This indictment ri quires ma part of a whole written h was not a ded to invest worth with rights and the neglect or omission by reason of the cons: lect, justifies this indi A Radical and Fatal Defect. Because every contract in writing must be taken together and constructed as a whole, and because the w of th tract in wri is not ad be it is impossible for contract v Al imp Net pre this indi astrue t to the plate from which the specimens were to be taken. It would be possible for the company to perfect these particular parts, yet it would be so risky as to be imprac- tieable. Prof. Alger said it was possible that the company knew nothing of the de- ceptions practiced by employes. The work- men were paid by their output, and they helped each other to cover up defects and make their output as large as possible. The city officers of the company merely asked for a certain output and the subor- dinates furnished tt. Professor Alger said the present average of armor was up to standard. Possibly there were two or three defective plates. A plate with a blow hole eighteen inches long. if hit by a heavy shot, probably would be pierced. Chairman Cummings questioned the wit- ness closely as to the care of government inspectors In watching for defects. Pro- fessor er sald the force was not sufficient to watch every plate throughout its manu- facture. The man in charge of the test machine was furnished with a written slip, bearing secret marks, disclosing defects.’ He was thus advised how the test could be so| manipulated a3 to pass the plate. He could lift a lever and thus show a fraudulent strength, | “That is a most remarkable machine,” | said Representative Dolliver. Professor Alger sald the Carnegie Com- ny furnished the machine, and it was a | standard make. — te TREASURY REORGANIZATION. | Until the Ap-| | Ne Steps to Be Tak | propriation Bill Passe: It Is said at the Treasury Department today that no steps will be taken for the ation of the department service, ! | ordance with the report of the Dock- | jery bill, until after the legislative, judictal | and exe »priation bill, providing ch changes, shall have become a law, | the signature of u President. That | contemplates the abolition of three! aus, entailing a heavy reduction of rical force. A, ording to the statement ts have been made for the offi-/ { Mr. Yotha, the minister » at the White House tomorrow | binet meeting. He nted to the President | the Secretary of State and the usual sitn- ies will be exchanged. Mr. Yotha 1 to Great britain in a dip- and will divide his ume adopted by but a small majority, some democrats voting against it, it will en- courage the House to hold out against the amendment. Mr. Jones said today that he | thought the democrats would all stand by | Atlantic and P: | emergency. WASHINGTON, D. C., THURSDAY, ‘NON-INTERFERENCE:| The Senate at Last Adopts a Reso- lution on the Hawaiian Question. agi HANDS OFF THE VERDICT The Vote Was a Unanimous One, and a Surprise. POSITION MR. MILLS’ —— + ‘The Senate has at last declured against the Hawalian policy of the administration. Ly a vote of 55 to 0 a resolution was pass- ed disclaiming against any interference on the part of the United States tn the internal affairs of the islands, ‘This resulution was Teported by Mr. Turple from the commit- tee on forzign relations, as a substitute for the original committve resolution. It was as follows: “Resolved, ‘That of right it belongs wholly to the people of the Hawatian Islands to establish and maintain their own form of government and domestic poltty; that the United States ought in no wise to interfsre therewith and that any intervention in the government will be regarded as an act unfriendly to the United States.” ‘Thus the entire question of annexation Was avoided and the simple topic of inter- erence placed flatly before the Senate. Mr. Turple, in presenting the paper, announced at it had the unanimous approval of the committee, and trat the former resolution, which pronounced against any present con- sideration of annexation, was withdrawn. He asked for unanimous consent that it might be considered at once. The clock showed 10:25, and there was but five min- utes left before the tariff bill would inte: yene to prevent any other business being transacted. Mr. Frye was in the aisle o the chamber in a moment asking for a vote. ‘Lhe resolution was just what he and his republican colleagues had been contend- ing for and he was eager that it should pass betore it could be amended. It was the result of Mr. Vilas’ overtures for a compromise to Senator Kyle on Tuesday atter the decisive vote on Mr. Vest’s anti- ennexation project. Vote Taken. There was some surprise when Mr. Peffer objected to the present constderation of the resoluticn, but he immediately explained that {t was only for the purpose of intro- ducing a resolution of his own on another subject, and then he withdrew his objec- tion. The Vice President put the question, and there was a loud, firm response of ayes. One voice alone was raised when the noes were requested, It came from Mr. Mills. Instantly Mr. Frye was on his feet again to call for a roll call, which was ordered. All the votes were affirmative—democratic, republican and populist. When Mr. Mills’ name was called he arose to announce his pair with Senator Gallinger, and was about to explain why he would vote against the resolution if he were not paired, when Mr. Butler objected to debate in the midst of a roll call. There was surprise written on the faces of the democrats and wonder on those of the republicans. The roll call proceeded, and there was no break in the unanimity of the vote. Twenty-nine democrats, twenty- four republicans and two populists voted in favor of non-interference. Mr. Mills’ Position. When the Beer ane i the chair was about nounc®™the re~ sult, but Mr. Mills arose and gaked mous consent to be atloWed to make. a speech of one minute to explain his post- tion. There was no objection, and amid profound silence Mr. Mills said: “I simply wanted to state, Mr. President, that I recognize the right of the people of the Hawailan Islands to institute their own government as they may please. It ts not that part of the resolution against which I should vote. The government of the United States having overturned that government, and having placed the people of the Hawalian Islands under a military power against which they have no power to protect themselves, I should simply vote that {t is the duty of this government to tear down that oligarchy, which it has es- tablished by force, and permit the people of the Hawaiian Islands to institute their own government.” There was an uneasy movement on the part of the democratic Senators as Mr. Mills gat down, and then the Vice President an- nounced the vote on the resolution—55 to 0— and the Senate had at last pronounced its verdict in the great Hawallan case, leaving the road to annexation wide open. CAN'T RUSH IT THROUGH. The Tar! Bill W! Have to Go to a Committee of Conference. The talk about the tariff bill when it comes from the Senate being accepted by the House without going to conference Is idle. The opposition to the Senate amend- ments is very bitter on the House side, and though there may not be strength enough to defeat the amendments on the final struggle, the opposition comes from such quarters as to insure its finding full ex- pression. The circular sent out by the congressional committee in defense of the Senate bill has only made more bitter the antagonism. The bill can never get through Congress without a conference, and there will be an attempt made by radicals in the House to kill the bill rather than yield. The Turning Point in the Struggle. The fight over the sugar schedule begins in the Senate today. The Senate is ex- pected to spend about three or four days over this schedule, and great acrimony in the discussion is expected. No one knows for a certainty what the result will be, but all understand it to be the turning point of the struggle. The republicans have not yet got all their folks to agree to vote for free Sugar, nor are they certain what democrats they can depend upon to vote with them. The chances ate, however, decidedly in favor of the adoption of the committee compromise schedule. If this schedule is the committee, and that when that vote was taken the fight on the bill would be practi- cally over. IN CASE OF WAR, Transports and Cruisers Available for Government Use. statement has been prepared at the Navy Department showing the number of merchant vessels available for naval serv- ice in case of , elther as as cruisers. ent on the elghty merchant vessels that could be used as transports, and slightly over half this number that could be fitted up with light batteries and do ef tive duty as cruisers. Most of these ships are located on the Atlantic coast, the Pacific coast having comparatively few vessels that could be used by the government in any Sub: dies are granted the owners of the vessels inspected for this purpose. When the inspection Is concluded the rated as belonging to elther the class or one of the four classes of trans ports, It is estimated that in case of war the United States could send an immense foree to any foreign country on board these ve . At least one hundred thousand men could go on the transports alone, and the cruisers could also carry a large num- ber, as their size in many cases is much greater than that of any of the transports. MAY 31, 1894—-TWELVE PAGES. TWO CENT HOMEWARD BOUND Naval Vessels on Their Way Here to Take a Rest. No Uneasiness Felt Over the Lancas: ter — Admiral Ramsay Indignant Three of the old war ships are on their way home from foreign stations after a long absence, and their arrival may be looked for within a few days. The frigate Lancaster, formerly flag ship of the Asiatic station, is coming home by way of the Suez canal and the Mediterranean. She left Gibrallar May 2, and is expected to stop at St. Thomas, W. I., before reaching New York. She is proceeding slowly under sail and is making a long detour to the south to get the benefit of the trade winds. On arriving at New York she will be put out of commission and will be transformed into a receiving ship. She will probably never go to sea again. Another of the old-time wooden vessels that is making her last cruise is the Al- Nance. Her last active service was along the coast of Central America, in the Pa- cific ocean, and on being relieved of that she started on the long voyage around the Horn to Norfolk. She was detained for some time at Montevideo and left that port April 18, with the purpose of making the long trip to Norfolk without stopping at any intermediate port. She is traveling leisurely under sail and may not reach port for several weeks. The third of the trio is the Marlon, which is on her way to San Francisco from China across the entire breadth of the Pacific ocean. The Marion left Yokohama early in March, and, when three days out, was caught in a terrible typhoof and so’ badly shaken up that she was compelled to put back for extensive repairs. She left Japan again April 9, intending to stop at Hawail on her way, and is now believed to be safe- ly anchored in the harbor of Honolulu. She was not there at last reports, but that was about two weeks 0. She was not ordered to stop at the Hawaiian Islands and may not do so, hastening onward to San Francisco instead. As she is under sail, it is likely she will take advantage of natural conditions of wind and weather, These three vessels have been out a very long time, but that {fs said at the Navy Department to be due entirely to the fact that there Is no occasion for'them to hurry, and they are taking their time. In Indignant. Admiral Ramsay ts very indignant at the apparent effort of some people to make it appear that the three vessels above mentioned have met with some accident. He was specially displeased at the report that the Lancaster was overdue. “Why, don’t you know,” he remarked, “that the Lancaster, to catch the trade winds, had to go some distance south from Gibraltar? She might catch a wind and then lose ft after sailing a distance, and then would probably have to tack south agaia to get another. She probably has met with lHght winds, and as there ts no scheduled time for her arrival home her commander ts probably taking matters easy. I recall that when crossing the Atlantle mcre than ten years ago the ship 1 commanded made barely one hundred miles a day on several occasions and I was compelled to go far to the southward to catch the trade winds. As a result we were out a long time. No, I have no fears about the Lancaster, “The Marion has also probably met light winds and as her commander was given permission to stop at the Hawallan Islands the vessel may be there now, for all we krow. The Marion may not have put in at Honolulu, and in this event will proha- be heard from at San Francisco within a short time. e * - “The Alliance, to“Mmy mind, ts just as safe as I am, standing here. Like the Lancaster ind’ the Marion, she 1s proba- bly coming rorth under sail, The Alliance, you will remember, took some time to sail from Callao to Montevideo, and reports then were published concerning her safety. They proved. as you know, to be false. I don’t think apprehension’ need be felt concerning either of the ships mentioned. “According to naval calculations the Lan- caster and the Alliance are not due and we don’t know but what the Marion Is al- ready in port.” as gg eee THE INVESTIGATING COMMITTEE Do Not Intend to End Their 1 With the Newspaper Men. Complaint ts made that the Senate In- vestigating committee is not fairly rep- resented in the statement that they regard the Investigation as blocked by the refusal of the newspaper men to testify. It is claimed that the committee had never the idea of letting the prosecution of the cb- stinate witnesses end the matter or divert attention, Members of the committeé say that their reason for disposing of the wit- nesses who refused to testify in the man- ner they did was so that they might not waste any time with them, but could go on with the further examination of wit- nesses. More Witnesses Examined. As an evidence that they do intend to carry the matter to a finish ts the fact that yesterday afternoon they examined three members of the finance committee. Today they expect to have Secretary Carilsle and @ number of Senators before them, and it is insisted that every witness who has been suggested will be examined, and any who refuse to answer important questions will be reported to the Senate for their cases to be referred to the district attorney for action under the resurrected law. No Action Yet. ‘The Vice President had nét this morning acted on the report of the committee, but the expectation of the committee is that he will send the notice to the District attorney some time during the day. It will then be for the District atterney and the grand jury to decide whether there is to be any prosecution. Senator McPherson's Testimony. Senator McPherson was the first witness of the day, und his testimony was on the same lines as that of other members of the finance committee, who were examined on Tuesday, except that he stated that on account of the condition of his health he had been absent from a large number of the meetings of the committee, 2nd could not, therefore, tell of all that had occurred In committee. He said that he knew noth- ing of Secretary Carlisle's alleged ,secret visit to the deme com- tee and juiry atic members that the nor of the statement that Mr. Carlisle had revised the sugar sch At Mr. Mc- Pherson's request he was examined with reference to his own dealings in sugar stocks, and he repeated the statement which he had hitherto made on the floor of Senate that when it became ent ugar was to be made the subject of gislation he had instructed his broker to all dealings in sugar stock in his -o~ = 5 DAY IN BRAZIL. This Government WIL Undoubtedly Accept the Invitation to Participat The celebration of Independence day by the republic of Brazil by the unveiling of a statue of President Monroe at Rio will be of great interest to this country, and there is no doubt of the President's acceptance of the invitation to participate in it. The uth Atlantic squadron, composed of the Newark and Yantic, will join in the naval demonstration, and other versels of the navy may also be sent to Rio by July 4, in order to emphasize our national Interest in the occasion. The plan of representation, however, has not yet taken definite shape. INDEPENDENC THEY PROMISE PEACE On Miners’ Pledges Troops With- drawn From La Salle. READY 70 ACT IN PENNSYLVANIA Nothing Expected From the Springfield Conference. THROUGHOUT THECOALFIELD ee LA SALLE, Ill, May 31.—The sheriff of this county last night telegraphed Gov. Altgeld as follows: “At a joint meeting of citizens and miners held today the miners agreed to assist the civil authorities in maintaining peace and protection to property. I therefore recom- mend that you order home all troops now here, being satisfied the local authorities can now maintain order.” Orders were received soon after from the adjutant general and the troops will all be moved today. Many citizens feel that the action of the sheriff was premature, and there is con- siderable uneasiness. Some sections of the miners, it is said, have already declined to | be bound by the agreement. Ladd, a mining town in the adjoining county of Bureau, contains a large foreign element, which fs said to be making ar- Tangements to make another raid on the La Salle to even up for the arrest of the men by the militia last Baturday. Eleven more of the rioters were arrested today. Few Working in Missourt. JEFFERSON CITY, Mo., May 31.—State Coal Mine Inspector Charles Evans has returned from a visit to the various coal mines of the state. He says that there are less than 1,000 miners now at work in the entire state, against 7,000 on strike, and only two railroad mines are in operation. The miners working are scattered and are only able to supply local demands, such as flour mills, water works, electric light Plants. He does not see any indications of an early settlement. The miners, he says, are determined to fight to the bitter end, but he does not think violence will be resorted to. Burning Corn for Fuel. DUBUQU Iowa, May 31.—The effects of the coal strike are seriously felt here among the manufacturing Institutions and railroads. One factory is burning corn, others ure using wood and one or two have closed down. The Illinois Central ratiroad, to husband its supply, has taken off one train on each divisior Dealers here have very little coal on hand. ‘The Situation im Alabama. BIRMINGHAM, Ala., May 31.—The com- mittee appointed by the citizens’ mass meet- ing here to confer with the coal operators and miners’ committee, with a view to adjusting the strike, if possible, has met the operators, but after a prolonged con- ference nothing was accomplished, the op- erators declining to recede from their origi- nal proposition for a 20 per cent reduc- tion. The operators believe they have about won the fight, but the strikers are still m. SPRINGFIELD, Ill, May 31.—The coal operators’ conference was called to order to- day, with C. C. Brown of this city as man and Paul Morton of Chicago secretary. Forty operators were present. The south- |ern and central operators said they would | not go into the conference unless the con- solidated and larger mine operators did. The smaller operators were afraid of being squeezed by the larger ones. A mass meeting of miners held today was largely attended. The men said they were ready to treat with the operators at any time. The chances for a settlement seem rather slim. Negroce and Austri: Imported. SCOTTDALE, Pa., May 31.—The situa- tion in the coke region ts quiet and peace- able today. The strike leaders say the gov- ernor’s proclamation was not intended to suppress meetings and marchings any more than it was to do away with the deputies and their Winchester rifles. Meetings of strikers will continue as usuai. Two carloads of negroes were imported last night for the Frick Standard plant,and today forty-two Austrians were run into the Moyer works of the Rainey Company DANVILLE, IIL, May 31.—Matters are getting desperate with the striking miners in the Danville fleld. Many of the families are starving. Helief committees are can- vassing the farmers for fifteen miles for food for the destitute. St. Elizabeth Hospital, this city, is out of cogl, and its patients are suffering from want of food and warmth. The miners re- fuse to allow the sisters coal. They pro- pese to stop all trains carrying coal, and are stopping freight trains and examining the box cars to see if they contain coal. Militia Ready for Assembling. PITTSBURG, Pa., May 31.—Conflicting reports in circulation here about the National Guard being under orders when sifted show that the officers of the four- teenth and eighteenth regiments have re- ceived orders to have their men in readiness for any emergency. As a consequence no- tices have been served on the men, and some of them are in the armory. Col. Perchment of the fourteenth regiment said to his men: “Gentlemen, I have re- ceived a telegram from the governor of this state to have the fourteenth regiment under arms for the period of three days, or until Saturday, so I now order you, under in- structions from the governor.” ‘This is a significant order on the face of the proclamation issued by Goy. Pattison in response to the letter addressed to him by Sheriff Wilhelm of Fayette county. Accomplished Nothing. SPRINGFLELD, lL, May 31.—The confer- ence of coal operators of Mlinois called to attempt a settlement of the strike, adjourn- ed sine die this afternoon, having accom- plishea nothihg. a eee SENATOR GORMAN IMPROVE He Was Able to Walk About His Porch This Morning. LTIMORE, Md., May 31.—A dispatch to the News today from Laurel, Md., say: Senator Gorman is still improving. He slept well last night and took proper nour- ishment this morning, and was able to walk around the porch. His private secre- tary came out from Washington this morn- ing to get him to attend to some cor pondence. DROPPED THROUGH FLAMES. dren Thrown From a Burning Building Into a Blanket. NEW YORK, May 31.—A terrific explo- sion, followed by a fire, occurred at 4:30 this morning in a distillery on the ground floor of a double tenament at No. 129 Suf- folk street, resulting in the death of Lizzie Yaeger, a four-year-old child, and serious injuries to four others. Twenty families tenanted the building. The explosion and fire cut off the usual means of escape and fifteen children were thrown from upper windows. Two men got a blanket and used it as a net In which to catch the children dropped from the windows above. The children had to be dropped through a sheet of flames which was leaping from the side of the building between the windows and the blan- ket below in the rear yard. After the chil- dren had all safely been dropped the older ones jumped. A Mrs. Ehrenwost broke the blanket by her gfeat weight and her back — the ground. She was severely in- jured. The firemen later found little Lizzie Yae- ger on the tflird floor unconscious. She died a few moments after being removed to the i ot cong cae forty-one years old, was iy burn attempting to cet inne tandowee bale = Several people on the top floor, who were overcome by smoke, had to be carried out by the firemen. The loss is estimated at $15,000. Three people were burned to death in the same buliding two years ago. —_-_— FOR SENATOR GIBSON’S SEAT, Number of Candidates in Addition to Himself. Special Dispatch to The Evening Star. BALTIMORE, M4., May 31.—Coincident with the public announcement by Gov. Brown that he wili be a candidate for re- nomination ecmes the statement that Chief Judge John M. Robinson of the Maryland court of appeals will be a candidate for United States Senator to succeed Charies Gibson, whose successor will be elected at the next sessicn of the general assembly, which will meet in January, 1896. Judge Robinson has been a member.of the court of appeals since 187, and has been chief judge since last year, when he was appointed to succeed Judge Richard H. Alvey, now of the Appellate Court of the District of Columbia. He ranks as one of the ablest lawyers in the country and is a man of wealth. He was a candidate for the Senate in 1884 and came near being elected by a combination of independent democrats and republicans, but was finally beaten by the late Senator Wilson, He belongs to the reform wing of the par- ty, and as that element is now allied with Mr. Rasin of the city machine, and ts also backing Gov. Brown for renomination, it is thought that Judge Robinson will be their candidate for the Senate. Other candidates for the Senate are ex- Gov. Jackson, Col. John Walter Smith and Joshua M. Miles, besides Senator Gibson, who is a candidate for re-election. ee QUALIFICATIONS OF VOTERS. | A Matters Before e New York Con- stitutional Convent: ALBANY, N. Y., May 31.—The woman suffragists have presented up to today pe- titions in fayor of their cause to the state constitutional convention containing 287,- 947 signatures. In the constitutional convention here to- day Delegate Lincoln presented a resolu- tion reciting the fact that sixteen states of the Union, by their constitutions, grant the right of suffrage to aliens, who have filed @ declaration of their intentign to become citizens, but who have not been naturalized, thus permitting persons to participate in the government of the country who are subjects of foreign powers, and who have no allegiance to the state or to the United States, thereby giving rise to occasions when the votes of aliens may change the course of government, and declaring that it is the sense of the convention that such grant of suffrage is contrar to the spirit cf American institutions, and that no per- son ought to be permitted to vote who is not a citizen of the United States. The resolution requests Congress to recommend and submit to the several states for their consideration a proposed amendment to the Constitution, requiring all voters to be citizens and prohibiting any state from granting the right of suffrage to any person who is not a citizen of the United States, and requesting the Senators and members of Congress for this state to urge the adoption by Congress of a concur- rent resolution providing for the submis- sion of the proposed amendment. The resolution was tabled. Have Been 4SCO, May 31.—For over if- | teen months nine seamen against whom no | charge has been made have been govern ment prisoners on Agie Island. They were Witnesses against St. Claire, Sparf and Han- sen, the would-be pirates of the bark Hes- per, who Killed Mate Fitzgerald, atter hav- ing plotted to kill all the officers .nd to cruise the southern seas as freebouters, ‘The witnesses, who were unable to give bends, were thrown into the government penal institution pending an appeal to the United States Supreme Court. Each has been allowed $1 a day as witness fees, how- ever, and they will be paid their money | today, when all will be released in accord- | ance with an order from Washington. The! death watch has been put upon the con- demned pirates, against whom they were witnesses, _— oe RAN AMUCK IN CHICAGO. Unprovoked Assaults by a Maniac With a Dirk Knife. CHICAGO, May 31.—Armed with a dirk knife a veritable Jack the Ripper created terror on the orth and west sides last night. Two persons became victims of his mania and are now at hospitals, terribly Slashed and in @ critcal condition. They are: Martin Peterson, slashed in the back and abdominal cavity, cannot recover. John Lorg, cut on the neck four inches jong. cervical vertebra bared, Is in a serizas condition. ‘The flend with the knife is still at large. The assaults were unprovoked and it is the opinion of those who witnessed the murderous deeds that the man is insane. ——— _ AFTER ACTOR COGHLAN. Will Be Punished: for Bigamy if Found Guilty. INDIANAPOLIS, Ind., May 31.—Attorney Holtzman declares that he is determined to investigate ali the circumstances of the marriage of Actor Chas. Coghlan to the wo- man to whom he is alleged to have been married prior to his marriage to Kuehne Beveridge in this city, and inquiries are to be set on foot both in New York and in England regarding the legality of the first marriage. The attorney says he believes that Coghlan is guilty of bigamy, but he says that he cannot proceed tn the case un- til he ts in possession of all the facts of the first marriage. Miss Beveridge has friends and relatives in this city, and it is said that they are urging Mr, Holtzman to take steps in the matter and have agreed to pay any expenses that may be incurred in getting aoe emia of the first marriage from Eng- jared. ——__ Big Colonization Scheme in Mexico. SAN ANTONIO, Tex., May 31.—An ex- tensive land deal has been closed here in- volving 2,500,000 acres lying on the Rio Grande in the Mexican states of Coahtla and Chihuahua. The land was sold by ex- Gov, Gonzales of Chihuahua to the Mexican Coffee, Cotton and Colonization Company, with headquarters here, and represented by J. H. McNamara. It ts reported that W. HL Ellis, who 1s interested in Mexican coloni- | zation schemes, will colonize ten thousand | negroes on part of the land. ——-+ —- Perr! the Embezzler, Dead. NEW LONDON, Wis., May 31—Pheips Perrin, one of the men who stole $40,000 be- | longing to the United States Express Com- pany from the Iron Exchange Bank at Hurley, and who was a few weeks ago par- doned from the penitentiary, died iast night. WEST POINT, x. hotels are showing the usual signs today of the annual gatuering In the cadet examin- | < Y., May 31.—The ations, which commence here tomorrow. The graduating class this year is fairly up | to the average and at the distribution of honors at the exercises on June 12 the southern states will obtain their share. TBe proof of te pudding is in f6e eafing. Yesferdap’s Star contained 38 cofumns Of advertisements, mare up of 741 separate announce: ments. These advertisers foug$t pubficifp—not merefe space. SUGAR REACHED That Schedule in the Tariff Bill Up inthe Senate, WR. SHERMAN'S EXGAUSTIVE SPEBCH He Analyzes the Bill to Show Its Sectional Character. CONTINUING THE DEBATE ——e———— ‘There was a good attendance on sides of the political aisle when the Senate met today at 10 o'clock, Mr. presented a set of resolutions the legislature of Ohlo protesting against the Russian extradition treaty. Mr. Hill (N. Y.) then offered his resolution directing the bribery investigating commit- tee to throw open its doors to the public. It went over until tomorrow under objec- tion from Mr. Cockrell. it was no longer to the in- terest of the United States to continue the treaty with Russia ratified April 21, and that notice be served upon the Emperor of Russia under article 11 of the treaty that the United States purposes to terminate that treaty at the expiration of six months. A Hawatian Resolution. He also reported from the committee on foreign affairs a resolution with a unani- mous recommendation that it pass as a substitute for the Hawalian resolution re- ported some months ago. It made no refer- ence :o annexation and was as follows: “Resolved by the Senate of the Unitea States, That of right it belongs wholly to the people of Hawaii to establish and matn- tain their own form of government and do- mestic policy; that the United States ought not in any way to interfere therewith, and that interference in the political affairs of these islands by any other government will be regarded as an act unfriendly to the United States.” Mr. Turpie asked for a vote on the reso- lution. It represented the unanimous senti- ment of the Senate, he thought, and would meet the approval of men of all shades of political opinion in the United States. Mr. Mills (Texas) explained that the reso- nega ad not meet his approval, although wot not vote it. Believing that this government hadvoverthrown, an exist= ing government in Hawail, he it it the duty of the United States to down the oligarchy set up in its name. Passcd Unanimously. The resolution was then passed unani- mously on an aye and may vote, fifty-five Senators voting in favor of it. Mr. Mills aia not vote, Mr. Peffer (Kan.) offered « resolution, which was appropriately referred, instruct- ing the judiciary committee to report whether the government of the United States could, by virtue of an act of Con- gress, constitutionally take possession of and hold for public uses, paying compensa- tion therefor, all the coal beds of the coun- i The Tarif Bill Again. ‘The hour of 10:30 having arrived, the tariff bill was taken up. Several amendments of- fered to the lumber paragraphs, looking to a duty on rough lumber, were voted down by a strict party vote, as was an amend- ment offered by Mr. Allen (Neb.) to place logs, boards, laths, shingles, &c., used in the construction of dwelling houses, on the free lst. Mr. Allen moved to strike out paragraph 178 as follows: “Lumber of any sort, planed Jor finished, on each side so planed or fin- ished, 30 cents per thousand fect, board measure. and if planed on one sile and tongued and grooved, $1 per thou sand and if planed on two sides and tongued and grooved, $1.4 per thousand, and in estimating board measure under this Schedule no deduction shall be made on ac- count of planing, grooving or tonguing.” Accepted by the Democrats. Mr. Vest threw a bomb shell into the re publican ranks when he announced, after Mr. Allen had offered his amendment, that it would be accepted by the democratic side. As the amendments to the lumber schedule were being voted on without debate, under an agreement made on Wednesday, the vote was immediately taken and it w agreed to—35-24—a strict party vote, Messrs. Peffer and Allen, populists, voting in favor of it. This will have the effect of putting all lumber on the free list. The committce amendment increasing the duty on chair cane from 7 to 10 per cent ad valorem was agreed to. Mr. McMillan offered an amendment seeking to make staves of wood of all kinds dutiable at 10 per cent ad valorem, but it was rejected. When paragraph 1s] Was reached making house or cabinet fur- niture of wood, wholly or in part finished, manufactures of wood, or of which wood is a component material of chief value, duti- able at 25 per cent, Mr. Squire of Washing- ton declared that if the Senate desired to be censistent, after having placed finished lum- ber on the free list, it should now place fur- niture on the free list. Mr. Peffer’s Amendment. Mr. Peffer thereupon moved an amend- ment to the paragraph, making the articles contained therein exempt from duty. Mr. Aldrich gave notice that if the Peffer amendment was voted down that he would move to increase the duty to 35 per cent, On the common grades of furniture, he said, the United States could compete with the world. Large quantities were exported. The furniture imported was of a very expen- sive quality and a pure luxury and should bear a high rate of duty, Mr. Peffer's amendment was defeated, Mr. Aldrich then offered his amend- . and it also was rejected. This completed the wood schedule, Mr. Sherman Speaks. Mr. Sherman, the tall and venerable Sen- ator from Ohio, then, at 11.50, took the floor and delivered a carefully prepared speech on the general subject of the tariff. As is usual when the Ohio Senator speaks, his words were listened to with great attention. Any measure, he said, affecting every in- terest in this broad land, imposing duties and taxes to the amount of $400,000,000, necessarliy must create wide and honest differences of opinion. But it was strange that such wide and seemingly irreconciluble differences should exist within the ranks of the dominant party. these serious differences was to be attributed the chief cause of the delay in its consideration. Mr. Sherman proceeded to analyze the plat- form declarations of the democratic party at Chicago, and read from the report of Mr. Wilson on the House bill to show that that bill was framed upon the doctrine that the levying of duties for purposes other than revenue was unconstitutional and robbery. Hi took up Mr. Cleveland letter of acce Which ignored, as he said, the > platform and promul- gated another doctrine of rev- enue with incide " Mr. Sherman place on the } witness stand th leaders in the House and 8 © tu show the clash of op- posing theor He dwelt particularly on the speech of Mr. Gorm: to the fact t Maryland Senator an- nounced bold a niy that when the House bill come te It was con- ned to the t too, were the riginal draft of the Senate bIM prepared by Messrs. Mills, Vest and Jones, and the bill later framed by the majority of the Senate financ mmittee. Mr. Gorman, he said, had made the preg-