Evening Star Newspaper, December 28, 1894, Page 1

—_— ane ve THE EVENING STAR. ®URLISHED DAILY EXCEPT SUNDAY, AT THE STAR BUILDINGS, 1101 Pennsyivania Avenue, Cor. 11th Street, by The Evening Star Newspaper Company, 8. H. KAUFFMANN, Pres't. Rew York Ofice, 40 Potter Building, Races Sna The Evening Star ts served to sulscribers in the city by carrters, on their own acconnt, at 10 cents Per week, or $4 cents per month. Copies at the counter 2 cents e: By mati-anywhere in the 1 States or Canada—postage prepald—50 cents nti Satarday Quintupli $1 per sear; with foreign postage added, $3.00. (Entered at the Post Office at Washington, D. C. as second-class ma'l matter.) [All mail ewhecriptions rust be paid in advance, Rates of advertising made known 00 application. Vor 85, No. 21,080. Che Lvening Stave. WASHINGTON, D.C. FRIDAY, DECEMBER 28, 1894—-TWELVE PAGES. TWO CENTS, Se proof of the pudding ig in fhe eating. Yesterday's Sifax contained 38 cofumns of advertisements, made up of 570 separate announce: menfs. ese advertisers foug§t pubficite—not merefp THE INCOME TAX Senator Lodge States the View of the Republican Majority. APPROPRIATION T0 BE FULLY DISCUSSED But the Urgency Deficiency Bill Will Probably Pass. —— THE HILL-QUAY ALLIANCE There ts as much uncertainty in the Sen- ate as to what course the republicans will pursue as to the income tax provision of the urgent deficiency bill as there is in the House as to their policy respecting the administration currency measure. Some believe that the republican Senators would endeavor to prevent the passage of the appropriation bill to make the income tax law effective. Those who hold this opinion are in the republican minority. But it is probably true that all of the republican Senaters, with the exception of the very few who favor the income tax, desire to have the subject debated and will debate it when the urgent deficiency bill is ynder consideration. What Senator Lodge Says. It is prebable that Senator Lodge of Massachusetts represents the views of the majority of the republican Senators on this subject. He says: he republicans certainly are not dis- Posed to make any filibustering demon- stration against the provision for the col- lection of the income tax which is contain- ed in the urgency defictency bill which is now in the Senate. But’ there is a disposi- tion to give the suvject a very thorough discussion, and to state the republican view upon it. It, perhaps, has been for- gotten that at the last session of Con- gress the republicang decided not to dis- cuss the income tax provision in the Sen- ate. Word was passed around among the republican Senators to that effect. The re- publican view was that the democrats were to be permitted, inasmuch as they con- trolled all branches of the government, t dec for themselves whether or not ther she be an income tax, and if they Id sheuld so decide that they would be held Trecpowsible for it. ‘The republican Senators determined to vote a: Lit, which they did, with very few exceptior not to debate it. The time has now come, how- eve said Mr. Lodg: “when the repubili- cars Uunk that it is due) to themselves that the country should understand what their ion While there will be no disposition en the part of the republicans to prevent the passage of the appropria tion to give et to the law by a fili- bustering movement, yet there will be, I think, a determined oppositioa to the bull on its merits. The Law ix Incomplete. “The situation is very different from a mcyement to ettempt to defeat a law which has been duly enacted by the pro- cess which is known as starving it to death ‘his income tax law occupies a very different position from a law which fs in full effect. It {s different in very marked respect, for instance, from the eivil service law, which the democrats at erent times ‘have endeavored to kill by starving it to death. The law whic created the civil service commission fuily organized that commission. {t provided for commissioners, and for a certain num- ber of oiticers, and according to the de- cisicns which the United States courts have made, if the Congress et any session should refuse to make the appropriation for the salaries of those officials, they would be entitled to bring suit against the government for their salaries. The Con- gress will not, by attempting to stop pay- ment and starve an officer to death, de- Stroy the office. That can only be done by a repeal of the law. The conditions as to the income tax law are altogether dif- ferent. The law which is now upon the statute books is, in fact, inchoate. It is not a completed law. No appropriation Was made in the law for any oificers. Nor Were the officers necessary to enforce this law, as the Secretary of the Treasury says, provided for either by title or by salaries. Additional Aflrmative Needed. “So that, before the law can be effective, before it can in fact be made an active Statute, there must be additional affirma- tive legislation. Even if the appropriation which is asked for should be refused by Legislation the Congress, it could not be said that an Attempt had been thereby made to starve this bill to death by the withholding of appropriations. Such an act would simply be a@ refusal to carry out the law which had been only in part enacted. The in- come tax law, as it now stands upon the statute books, is an imperfect law. No Means have been provided for enforcing it. It 1s for the Congress to decide whether the Recessary means to do that shall be pro- vided. If the Congress shall decide not to do that the law will simply be inoperative. Buch an act would merely indicate that the Congress has conciuded not to complete the legislative act which was begun by the Provision fm the mew tariff law for the le ng of an income tax. I sappose that the appropriation will ultima be passed by the Serate. It will not be passed, however, without a therough discussion. That seems to be the Republican policy. I shall have some ob- servations to make upon that subject my- gcif, but there will be no obstructive legis- lation by the republicans to defeat the Measure by dilatory tactics.” The Hill-Quay Alliance. What the attitude of Senator Hill may be is not definitely known. Those who are the nearest to Mr. Hill express the opinion that he is in earnest in his efforts to make & Vigvrous contest against the appropria- tion, and that he will not intermut his ef- forts to defeat this law by a mere formal presentation of his objections to it. There Seems to be some foundation for the re- he has formed an alliance with jort that canter Quay by which a very determi Movement is to be made to defeat t ropriation for an income tax in the t bil lericie . One of the curious stories bout the Capitol is that Senator Quay has fea'unearthed from one of the comtlttes Fooms a huge box containing the manu- @cript of a speech which has only been in and whic has received very nee the last session 2 journed. It is said that experts at work in Philadelphia Bpon an additional installment to this re- jarkable serial speech. A gentleman who i ntly seen the manuscript says that fs at least three fect high from the floor, and thet it fs a fair estimate to state that, € it is to be delivered in the Senate, a Bonth would be required yor its delivery. What the purpose of Senator Quay may be not known, but the tmpression is that has formed some sort of an alliance with Senator Hill to make an active dem- enstration against the income tax. It is ot probable, however, that such a demon- stration would result ‘In the defeat of the ppropriation bill. As the deficiency biil the first to be considered in the Senate, e probat is that the contest over it will terminate in sufficient time not to Jace the remainder of the appropriation Bins in jeopardy. — Treasury Receipts. National bank notes received for redemp- en today, $398,888. Government receipts— Es 1 internal revenue, $172,816; customs, miscellaneous, $75,844. NEVER BE COLLECTED The Probabilities in Regard to the Income Tax Provision. it is Expected That It Wil Be Re- iy Before It pealed and Po: Becomes Due. It is probable that the income tax will never be collected. This probability is not dependent upon the defeat in the Senate of the appropriation to carry the law into effect. It is recognized that there is dan- ger that the opponents of the law may de- feat the appropriation in the Senate. It is eettled that there will be a vigorous and determined fight to do this. But the success of a movement of this sort is too uncertain to be calculated upon and may be regarded as a possibility rather than 2 probability. What seems probable is that before the tax is collected the law may be repealed. Under the terms of the act the limit of time within which the tax must be paid is June 30. It is not proba- ble that any one will pay the tax before the expiration of this time, especially as the constitutionality of the lav is about to be tested. The treasury, therefore, can- hot count upon deriving any revenue from this source during the present fiscal year. A Heavy Beticiency in Revenue. Meanwhile there ts a heavy deficiency in the revenue, which, while it may be im- preved somewhat by the growth in the whisky tax after the first of the year, ts certain to leave the treasury in an em- barrassed position financially. There is very little prospect that any legislation such as Secretary Carlisle has recommend- ed can be got through both houses of Con- gress. And if it were it would hardly af- fect the income of the treasury. There- fore the treasury will probaby be so sit- uated before any revenue from the income tax can be secured that some measure to supply the deficiency will have to be de- vised. Twice this has been done by an issue of bends. The weakness of the mar- ket for government bonds in New York at this time gives reason to believe that if at any time soon the treasury should be again reduced to the necessity of im- mediately raising money it would be found very difficult to dispose of bonds at any price at all advantageous to the govern- ment. In all probability, therefore, reiief will have to come from ‘Congress. An Extra Session Threatened. Very few people, if any at all, expect any complete legisiaticn at this session, and it is regarded as pretty nearly ure thing that the Fifty-fourth Congress will be called tcgether shortly after the close of this session. It is democrats in Cong by the administration that if no fin measure was pa d this would be called. If this actually gress will be in session months before the usual December meeting. The demand for action is expected to become more urgent week by week, and if anything is to be accomplished by a call of the next Con- gress the call will have to be for an early date, probably within a month after the adjournment of this Congress. Repeal Expected. One of the conditions that will sureiy be exacted by the opponents of the incume tax before agreeing to permit any other legislation to supply the deficiency of reve- nue and to meet the demand fer general firancial legislation will be the uncondi- tional repeal of the income tax law. It is believed that the treasury will be so situ- ated that the administration will be com- pelled to agree to these conditions, and if the Fifty-fourth Congress is called together as early-as April or May the law may be repealed before the last of June. If Con- gress is not called together soon, howeve! the expectation that one of its first acts, whenever it does assemble, will be to repeal that law, will probably cause many, if not most, persons of large incomes to run the risk of prosecution by delay after the lim- its allowed them for payment. +--+ LATEST FROM HAWAIL stated t re3s have been warned alternative is presented the Fifty-fourth Con- , No Excitement on Account of the Ar- rest of Bush. Mr. Hastings, the Hawaiian charge d’af- fairs, received mail advices from Honolulu this morning confirmatory of the latest press advices from that country to the ef- fect that the political situation is quiet and that the recent so-called monarchical con- spiracy was a matter of small ‘mportance. This mail was brought by the steam Arawa, which left Honolulu on the 14th in- stant and arrived at San Francisco on the stant, It included all the Hawaiian apers for a week prior to the loth in- stant. ju response to a series of inquiries by a Star reporter this wormng, Me. busungs said that his auvyices showed no War vf Fumors of war iu fawail aud that Chere Was no special excitement Over Lue recent tor and his acrest of 45 ducgeu conspiracy wgalust the guyercun Ls meu are Of HO special uaporlance in tai country and are not of a cnaracter likeiy Ww be seiected lo leau Buy Mevement uZainst pacly the gove! it Mr. Hasungs is suusiued that lmere ave HO prospects Of seriwus rouble in Hawaii ana Uiat Ute Lext tsi from there Wili show that tue San Prau- cisco Tumors Of a royalist upesing had no other tounuation tf the arrest of the Bush crowd aud the seizure of weapons cuucealed in their hou: The t mail from sivnoiuiu will reach San Francisco about the 7th or Sth proximo. The China is scheduled to arrive about that date, and the Miowera, which will leave Honolulu on the Sist instant, will reach Vancouver about the lith proximo, ————_+-2-+_—___—_—. Further Retallation. The State Department is not yet at the end of its troubies growing out of the re- peal of the reciprocity agreements made under the terms of the McKinley act, and more retaliation is looked for. Spain has already imposed upon us the maximum discriminating tariff, and Germany has prohibited our beef and other great staples entry into the empire. France is by no means disposed to accept the situation her sugar trade is placed in by the sugar duty, and now there are strong intimations that the new Austrian minister is charged to begin an attack upon this same sugar duty aimost immediately, and, if conces- sions cannot be secured, it is expected tiat Austro-Hungary probably will follow the exampie of Germany in retaliating upon the United States. ’ —_+—_—_—_+-e+—_____ The Yorktown at Chefoo, the U. S. S. Yorktown arrived today at efoo from Yokohama. At this point she. will be in an advantagecus position to ob- serve the progress of hostilities on the Shangtung promontory, and if need be. to reinforce the Baltimore and Monocacy ve- low Tien Tsin. ernie Cabinet Sessions Resumed. The cabinet resumed its regular sessions today after an interregnum of about two weeks, due to the President's absence from the city and the fact that the last cabinet day fell on Christmas. OS Ae Acts Approved. ‘The President has approved the act to establish a national military park at the battlefield of Shiloh and the act for the relief of the legal representatives of Jas. C. Booth, late melter and refiner of the Philadelphia mint. TROUBLE IN OHIO The Old Foraker-McKinley Fight Breaks Out Again. THE GENERAL WANTS T0 BE SENATOR MEER McKinley's Friends Demand His Support in the Presidential Race. SHERMAN AND HANNA a While the Reed boom is having everthing its own way in Maine, and the Harrison boom is master of the situation in Indiana, rumor comes that in Ohio the McKinley boom is experiencing some rough weather. A gale, it is said, is blowing from the For- aker coast, and unless this subsides of its own accord, or can be stilled in some way, serious trouble may follow. It 1s the old difficulty in a new form. Gov. Foraker is anxious to come to the Senate, and is in the field to succeed Mr. Brice. The legislature to elect Mr. Brice's successor will be chosen next year. Every- thing now points to an overwhelming re- puldican triumph. This, if achieved, will make Goy. Foraker a great power in the state. The election for Senator will take place in January, 1896, Within a few months from that time delegates from Ohio to the republican national convention will be chosen. If Gov. Foraker is elected Sen- ator a vigorous effort will follow to have him head the state's delegation to the na- tional convention; and this, with his fine powers as a speaker and his aggressive and tireless energy, would make him a con- spicuous member of that body. In such circumstances, too, he would be expected to represent Ohio’s candidate before the convention, and push his fortunes, if pos- sible, to victory. McKinley Men Distrust Foraker. The statement is made upon excellent republican authority that this outlook 1s anything but pleasing to the McKinley people. For some reason they distrust Governor Foraker. They do not suspect him of harboring presidential aspiratioy himself, or of desiring the nomination of an eastern man in the hope of securing second place for himself, put. they a persuaded t his interest in McKinley’ fortures might be very much greater than it is. They well understand the necessity of having the state delegation to the na- t convention composed of stanch Mc- Kinley men, and led by the stanchest one of the members. Tha question then arises, how can Governor Foriker be converted into an enthusiastic McKinley man? Or, if that cannot be accomplished, how can the influence of his indifference or hostility be neutralized? A Matter of Grave Concern. This problem is said to be giving the McKinley leaders in Ohio very grave con- cern, They prefer Governor Foraker's friendship, and, it is declared, will strive to win it. They are not opposed to his senatorial aspirations. But they want him to be a genuine McKinley man when it ccmes to the question of the next presi dency. ‘They insist that he must be, and that the fact ought to be made indisput bly patent before the time comes for choos- ing delegates to the nominating convention. Mareus A. Hanna a Possibility. ‘The hint is thrown out that if Gov. For- aker declines to ccmmit himself uureserv- edly on this point he will have opposition for tha Senate, Strong as he Is, the Me- Kinley mea will contest matters with him and bring a man into the field who will not only be glad to make the fight, but able to put up a good Qght. This man is Marcus A. Hanna of Cleveland, a mant- facturer of large wealth, and for some years a prominent figure in the republican councils of Ohio. Mr. Hanna 1s not now, and never has been, a Foraker supporter. In the contest over the Sherman seat, Mr. Hanna was an ardent and active Sherman man, and was accorded much of the credit for the Sherman organization, which proy- ed so irresistjble when the issue was joined at Columbus. He is reported to be perfect- ly willing to test his strength in Ohio tor the senatorship or the governorship sary to aid in the effort to put Mc- $ case at home past all question as to its really representative character. Uov. Foraker’s friends do not relish this sug- gestion. The mention of any other rame of republican prominence in Ohio would arouse less feeling among them, Sherman Muy Lead the Delegation, Matters, it is stated, have not as yet gone beyond cautious inquiry and tenta- tive suggestion. But both sides are rep- resented as being mach in earnest. One other interesting suggestion is that, if other expedieuts should fail them, the Me- Kinley following may ask Mr. Sherman to lead the state delegation to the national convention and take charge of McKinley's ests. Mr. Sherman has recently ex- ed the friendliest sentiments toward inley’s aspirations, and at the same time declared that he no longer entertained any himself. His loyalty, if he undertook the service, would not for a moment be questioned by the McKinley men. NAVY YARD APPOINTMENTS, N. A. Lynch Selected as Foreman and Wm. Cochran as Master Molder. Secretary Herbert today appointed Mr. N. A. Lynch as foreman of the foundry shops at the Washington navy yard, at a salary of $1,500 a year, to fill the vacancy occasioned by the recent dismissal of Mr. George R. Wilson. This appointment is the result of a recent competitive examination. The examining board reported favorably upon the cases of three candidates, who stood equally high, and the Secretary’s se- lection, in favor of Mr. Lynch, ts due to his greater experience in ordnance work. ‘The other vacancy at the navy yard—that of master molder, caused by the dismissal of George R. Cook—was filled by the appoint- ment of William Cochran, who formerly held the office. ROCK CREEK PARK. It Will Be Transferred to the Board in Permanent Control Jan. 1, 1895. Capt. Fiebeger this afternoon officially informed the Commissioners that Rock Creek Park will be transferred by the Rock Creek Park commission to the board in permanent control upon January 1, 1895. The watchmen hitherto employed by the Rock Creek Park commission will be dis- charged on December 81, 1894, and Capt. Fiebeger recommends that a mounted po- liceman be placed in charge of the park on January 1, to remain in comtrol until further orders, and that this policeman be required to submit written reports of the condition of affairs in the park weekly, which reports shall be forwarded to the officer in charge of the surface department, who is now secretary of the board of per- manent control. — Receiver Appointed. The controller of the currency has ap- pointed Mr. A. G. Ricard receiver of the First National Bank of Wilmington, N. C. in place of Mr. W. 8. O'B. Robinson, re- signed. NEW YEAR RECEPTIONS. List of Persons Receiving and Not Receiving to Be Published Monday. The Star will, on Monday, publish a list of those receiving or not recetving on New Year day. Persons desiring to announce that they will or will not receive can do so without any charge by sending notices to The Star at any time prior to 9 o'clock Monday morning. The nétices should con- tain only the announcement that there will or will not be a reception, the names and addresses. Every notice must be properly authenticated to insure publication, — 0 THE CARNEGIE PLATES. Secretary Herbert Makes a Statement Regariling the Matter. Secretary Herbert has issued a statement in regard to the Carnegie armor plate mat- ters, in which he sa: “Mr. Carnegie came Into my office and said he had seen my testimony before the naval committee of the Senate, and indi- cated that If the matter was to go on he would make a proposition that he was willing to do anything that was fair. I told him that the newspapers had only pub- lished a portion of my statement before the committee. I explained that I had given it as my opinion that the Quay amendment providing that the $140,000 should be returned to his company in case the plates would not stand the ballistic test, ought not to pass; that that fine was not imposed on the idea that the plates would not stand the ballistic tests, al- though I might be mistaken, but whether the plates stood that test or not I did not think he was entitled to the money, be- cause the fine had been Imposed upon the company upon the ground that it had not made the plates much better than that test would indicate as it could have done. I referred Mr. Carnegie and his friends to that printed testimony, and they left with- out making to me any definite proposition, and without saying anything about suing the government. I told Mr. Carnegie that so far as the department was concerned the payment of that fine was considered as a final settlement of the question of dam- ages. “Mr. Carnegie expressed himself as hav- ing the most unbounded confidence in the armor, and said he was willing to go to any expense to show it.” a os THE UTE INDIANS, Col. Lawton Says They Mad Wo Hostile Intent in Crossing the Line. Gen. Schofield has received a preliminary report from Col. H. W. Lawton, inspector general, who is making @ special investiga- tion of the case of the Ute Indians who left their reservation in Colorado and crossed into Utah. Col. Lawton says the Indians had acted according.jto their habit and custom, and that they had crossed the line, thinking they had a@ perfect right to do so, and with no hostile purpose what- ever. ‘They had no idea’ or intention of troubling the white people, and, according to Col. Lawton, the oldest,and best resi- dents of the country thus fnmecently tn- vaded have never had any apprehension of trouble as a consequence of the visit, Col. Lawton adds that the number.of the In- dians and their stock has been greatly ex- aggerated, and that they are now returning to their reservation as fapidly as the se- verity of the weather will permit. em <a ANOTHER DRILL, Troop E at Fort Myer Delights Horse Lovers. ‘The sixth, gavalry, which fs now stationed at Fort r, again distinguished itself today tn feats of horsemanship in a public drill, given in the big riding hall. The ex- cellent drill which A troop put up last week was enough to draw another large audience across to Fort Myer this after- nocn, when E troop wag the star attrac- tion. This troop has the reputation of being one of the test drilled in the army and contains among its men a large num- ber who are really unusually expert even for cavalrymen, and they presented feats of equestrianism today that for coolness and daring fully equaled anything ever seen in this part of the country. There was Cossack riding, bareback riding, both single and double, vaulting onto the backs of galloping horses, picking up objects off the ground, jumping stx-bar hurdles and many other difficult feats, which reflected the greatest credit upon the troop and its officers. The commanding officer of E troop is Captain Cheever, and to him and to Lieu- tenant Benjamin B. Hyer and Sergeant Nois is due much of the credit for the skill displayed in the exhibition today. TO CHEFOO. GONE Peace Commissioner Chang Yin Huan Leaves Tien 'Tsin. SHANGHAI, December 28.—Peace Com- missioner Chang Yin Huan has left Tien Tsin for Chefoo, and is expected here on January 6, when he will join Peace Com- misstoner Shao Yao Lien, and go to Tokio. PARIS, December 28—The secretary of the Japanese legation here, M. Kato Tsun- etada, says there is no truth in the an- nouncement credited to the Shanghai Mer- cury on December 24, that the chief con ditions of peace upon which Japan insist are a China-Japan alliance against Euro- pean influence, the development of Chinese trade and commerce by Japan and Japan to undertake the effective reorganization of the Chinese army and navy. Winter Aiding China. A special cable dispatch to the New York Herald from Shanghat says: In their opera- tions by land the Chincse are Tollowing the famous Russian tactics of 1812 and harassing the flanks of the first army, which is stuck in the sncw. ‘The action of the Chinese indicates that the proposals for peace are being made merely in order to gain time and let the winter play havoc with the invading forces. ———.-—_ COMPLAINT OF MINISTER TERRELL. A Boston Photographer Who Fatled to Get Protection. HARTFORD, Conn., December 28.—S. Radigian, a well-known photographer of Boston, who is a friend of Malcon Agham- alian of this city, wrote that gentleman recently about the treatment that he re- ceived from Minister Terrell at Constanti- nople. Mr. Radigian left this country last August on a visit with his relatives in Harpool on the Armenia. In his letter he says he was taken into oustody in Con- stantinople it as soon as he landed. He asked that he be allowed to see Minister Terrell, and the officers went with him. Minister Terrell told him that he could protect only American-born citizens and that he had beeter go back to the United States at once. Mr. Radigian, who has heen in Boston nine years and a naturalized citizen of this country three or four years, said to Minister Terrell: “What does our government pay you for unless to protect American citizens who are here?” Minister Terrell replied that it was none of his business, and told him to leave the office. He agreed to leave the country, and went to the Russian frontier, At Bar- tount, in Russia, he secured a Russian passport, and in this way he was able to get to his relatives in Harpool. In his let- ter he say: “A Russian passport protects me, but my American papers are useless. Mr. Aghamalian will write these facts to Secretary of State Gresham and will ask Senator Hawley to lay the matter be- fore the Senate committee. THE HOWGATE CASE Counsel Attack Evidence Given Be- fore the Grand Jury. CLAIMS IT WAS HEARSAY Mr. Birney and Mr. Worthington Argue the Matter. A DELAY REFUSED This morning Capt. Henry W. Howgate was arraigned before Judge McComas, in Criminal Court No. 1, on the three indict- ments recently returned against him, two of which charge embezzlement and the other forgery. Besides the offenses alleged in them, the indictments also charge that Capt. Howgate was a fugitive from justice from April 12, 1882, until September 24, 1894, on which last mentioned date he was’ ar- rested in New York and brought on here. ‘This charge in regard to the defendant be- ing a fugitive from justice was inserted by the government, in order to avoid that clause in the statute of limitations which provides that ho indictmen‘s shall be found against any person three yeats subsequent to the commission of the alleged oftenre. To each of the three new indictments Capt. Howgate today entered a plea in abate- ment, praying that they be quashed, for the reasons set forth in the pieas. To the pleas District Attorney Birney en- tered a demurrer, on the ground that they were bad in substance. Judge McComas, in the hope of saving time, was anxious that counsel should proceed at once to argue the case, but Messrs. A. S. Worthington and Jere M. Wilson, counsel for Capt. Howgate, stated that, they preferred to wait until the District attorney had submitted the demur- rer in writing, expiaining that until Mr. Birney had so set forth the. points of the demurrer, they would be unable to know to what to argue. Judge McComas therefore directed a recess until 12:30 in order to allow the Dis trict attorney time to draft his demurrer. Motion to Quash. The motion to quash the three indict- ments was the same in each case. It first set out that the grand jurors, in finding and returning the indictments, heard and considered statements in regard to ma- terial ard essential matters contained therein made to the grand jurors by divers persons who were not sworn or witnesses, nor in any other way qualified to testy before them, and whose names are to the defendant unknown, and that no one of the grand jurors had any personal knowl- edge in regard to said matters or of any oi them; all of which the defendant is ready to verify. Wherefore he prays that the indictments be quashed. ‘The motion to quash further recites that the same allegaticns contained in it apply to the charge in the indictments alleging that he was @ fugitive from justice from April 12, 1882, to September 27, 1804, and that he was arrested in New York on the last date, as well as to the charge in the indictments as to the whereabouts of the defendant or to the Name assumed by him between those dates. The motion to quash as to each of the three indictments was based upon an atfi- davit of Capt. Howgate to the effect that to the best of his knowledge and belief none of the witnesses indorsed on the in- dictments, and none of the grand jurors either met or saw him at any time be- tween April 12, 1882, and September 27, 1804, or had personal knowledge as to his whereabouts or as to the name by which he was known during that period, or as to the alleged apprehension and arrest by the United States authorities, and thereafter being brought here by the said authori- ues. Grand Jury Information. Explaining that he would permit no light or trivial objection to the indiotments to delay the trial of the cases against Capt. Howgate, Judge McComas remarked that the defendant's motion to quash could have been based upon his personal belief, and not upon his personal knowiedge of what transpired in the grand jury room. Judge McComas also remarked that if it should appear that any member or mem- bers of the grand jury had disclosed the secrets of theit deliberations, the court would fully investigate the matter, and, If anyone had offended, would punish those offending Mr. Worthington, however, explained to the court that no information in the mat- ter had been obtained or had been sought to be obtained from any member of the grand jury, and, of course, none from the district attorney or from his officers. A recess was then taken to await the filing of the district attorney's demurrer. Mr. Birney Demurs. When the court reconvened after recess District Attorney Birney submitted his de- murrer to the pleas In abatement filed by Capt. Howgate. The demurrer was the same as to each of the three indictments— declared the pleas to be bad for two rea- sons. First, because it is incompetent for the court to inquire upon a plea in abate- ment into any of the matters and things set forth in the several pleas, and, second, because no issue of fact may lawfully be made or turn upon the matters in the said pleas. Delay Asked. The demurrer having been read, counsel for Capt. Howgate asked for five days in which to answer the demurrer. The ques- tions raised by the demurrer were, they urged, of much more than ordinary interest and importance, and Mr. Worthington re- marked that if permitted the opportunity the defendant would show tha. he had, in the recent indictments, been indicted more upon hearsay evidence than upon anything else. While it was not contended that the proceedings of the grand jury could be in- quired into previous to indictment, the de- fendant did contend that after an indict- ment had been duly returned matters tran: piring before the grand jury could be in- quired into, While he was district attorney, said Mr.Worthington, he had time and time again given counsel for accused persons the notes of the testimony taken before the grand jury. Judge McComas, however, overruled the motion for a delay of five days, and also a motion for three days’ time in which to answer the government's demurrer. Dis- trict Attorney Birney then briefly address- ed the court in support of the demurrer, claiming that it was settled that the court could authorize no inquiry as to the trans- actions of the grand jury. Mr. Birney spoke but a few moments,and when he had concluded Mr. Worthington again pleaded for time in which to reply. Mr. Birney remarked that he had taken but a few minutes to discuss the matter, whereupon Mr. Worthington replied: “It is quite a different matter, your honor. The district attorney can go to his home, while the defendant, if this motion is denied, may go to the penitentiary.” Mr. Worthington’s Argument. The court thought, however, that counsel should proceed at once, and Mr. Worthing- ton then proceeded to argue in opposition to the demurrer filed by the government. He, of course, contended that the court could by a jury try the questions of fact raised on the pleas in abatement. Capt. Howegate, he claimed, had been indicted on really no evidence at all. and if that mat- ter could not be inquired into, “Then claimed Mr. Worthington, “the sooner we dispense with the grand jury system the better it will be for us all. We will prove all this, your honor,” explained Mr. Worth- ington, “by the testimony of the district afiorney himself, and by his associates, if given the opportunity. And, your honor, knowing that what we allege is true, the district attorney has sought to escape by means of this demurrer.” A- NEW OPERA HOUSE To Be Erected on the Site of the Blaine Residence, To Be Built of Steel and Stone and Absolutely Fireproof—Permit ‘Was Issued Today. An opera house is to be erected upon the site of the Blaine residence on Lafayette square, a permit for the building having been issued by the Commissioners today. The Blaine property has been leased for a term of 100 years to the firm of Wood & Lavelle of Chicago, architects and theater builders, This firm has built eighty thea- ters in this country. The historic old man- sion now occupying the site on Lafayette square will be demolished next week and work commenced cn the opera house. It will occupy a lot 68 by 145 feet, will be about W feet high and will cost $250,000. It is to be constructed of steel and stone and will have nothing combustible about it, even the stage being fireproof. A roof gar- den will surmount the building, reached by two large elevators. The seating capacity will be 1,800 and there will be thirty boxes, The building will be arranged to be emptied of its audience in one minute. ‘The opera house is to be completed next summer, and will be opened in the fall. Mr. Paul D. Connor is the architect of the structure. It Is said that the opera house will be the most beautiful in the world when completed in point of finish, furnish- ing and modern equipment. The roof gar- den is expected to prove a popular feature. The basement of the building will contain a set of Turkish bath rooms. It has not been decided who will have the manage- ment of the opera house, but it Is claimed that the best attractions will be secured for the patroms. Messrs. Lasman and Landis the scenic artists of Chicago, are associated with Wood and Lavelle in the new enter- prise. The permit for the building having been issued, there is said to be nothing in the way of carrying out the plans of the pro- moters of the enterprise, and work, will be proceeded with at once. piles NOVEL CONSTRUCTION. New Ram That W Be Watched With Great Interest. The next warship to be added to the United States navy is the ram Katahdin, now being prepared for her official speed test in Long Island sour Special inter- st attaches to the approaching trial tn view of the fact that the Katahdin is the first vessel of its type being constructed expressly and exclusively for ramming. Because of this fact, she is referred to as the pioneer of a class in which Ameri- can enterprise has taken the lead. Her construction was authorized about six years ago, but there was a delay in the preparation of the necessary plans, be- cause of their novelty, and it was not un- til January, 1891, that tke contract for her construction was entered into with the Bath iron works, builders of the gun- boats Machias and Castine. The cost of hull and machinery was fixed at $930,000, New Model, The Katahdin may be des2ribed gener- ally as a twin screw, armor-plated, steel, harbor defense ram. She was built upon designs submitted by Kear Admiral Am- men, She is 250 feet 9 inches long, 43 feet 5 inches in extreme breadth, and 15 feet main draught, with a total’ displacement ft 2,155 tons. Her engines, of the vertical, triple-expansion type, are designed for 4,80 maximum indicated horse power, and a speed of seventeen knots. For each quarter knot in excess of that speed rate the contractors will receive $15,000. But instead of a similar “deduction of $15,000 per quarter knot for falling below an aver- age of seventeen knots, she will, in that event, be rejected altogether. This last is an unusual stipulation, and another singu- lar thing about the contract is that even the payment of a premium is subject to the approval of Congress. This provision is due to the failure of Congress to provide for such payments, Pardy Submurged. In order to put the ram in fighting po- sition she has to be partly submerged, and this will be accomplished by the use of fourteen 8-inch Kingston valves, one in each transverse compartment, with sluice valves in the vertical keel and aiso in the longitudinals of her compartments. The longitudinal and bracket system is used in the hull, with an iriner bottom extend- ing from the collision bulkhead to the stern, In describing her original plan, Naval Constructor Wilson said: “The vertical keel, two longitudinals, and ar- mor shelf on each side of the vertical keel, are to be water-tight, forming transverse- ly six compartments, which are divided longitudinally by water-tight frames. By this means the space between the inner and outer skin ts subdivided into seventy- two compartments. The transverse and longitudinal bulkheads between inner skin and deck armor divide this space into thir- ty compartments, making @ total of one hundred and two compariments in the vessel.” Experts Interested. She has a turtle-back deck, above which is a conring tower, eighteen inches thick, a smoke pipe and ventilators, with the hatch coamings and skidbeams for the boats, and nothing else. As a defense against torpedo craft, she will carry four small six-pounder rifles. Her great ram, however, is her only real weapon of of- fense. Special attention has been given to the cemfort and convenience of offi- cers and men, which are matters of great consideration in a vessel of this descrip- tion. Her trial trip will be awaited with considerable interest, not only by our own naval officers, but by the constructors of engines of war in all parts of the world. Unusual Cold Experienced in Texas and Arka: DALLAS, Texas, December 28.—The cold wave hit this city last night. At midnight the thermometer registered 18 degrees above zero, and before this morning had fallen at the rate of one degree hourly, registering at 7 a.m. 8 degrees above. LITTLE ROCK, Ark., December 28.—The weather yesterday and today has been the coldest experienced in Arkansas in the month of December since 1581. At 8 o'clock last night the thermometer regis- tered 16 degrees above zero, and at 7 o'clock this morning registered 6 degrees above zero. ‘Ten inches of snow is reported from the eastern part of the state. ATLANTA, Ga., December 28.—The cold wave arrived last night, the thermometer falling to thirteen degrees above zero. A light snow, amounting to hardly more than frost, fell early this morning. pei SNe GUARDING MURDERER WIGGINS. No Attack, but the Authorities Are on the Watch. AUGUSTA, Ga., December 28.—No attack has been mede on the quarters of Jules Wiggins, the negro murderer, whose sec- ond victim, Detective Murray, died yester- day. The authorities are still on the watch, however, and the prison 1s heavily guarded. Detective Murray’s funoral oc- curred this morning. It is now feared that Stringer, the other officer wounded by Wiggins, will die. AGAIN FACING GOFF: Inspector Williams Before the Lexow Committee, HE DENIES COLLECTING BLACKMAIL Becomes Much Excited Under the Questioning. MR. COMSTOCK’S CHARGES NEW YORK, December 28.—The interest in the Lexow investigation waned very considerably this morning. Notwithstand- ing the general impression that this would be the last day of the sessions of the com- mittee for this year, at any rate, and the fact that several prominent police officials have yet to be examincd, the doorkeepers and sergeant-at-arms in what is now knewr as the Lexow court room had an easy time of it. There was scarcely a cor- poral’s guard on hand when the doorg were cpened, and this caused a good deal of comment, as Anthony Comstock wag expected to insist on vindicating himself in the famous chair, the seat of which has the ominous number of thirteen nails in it, from the allegations of Witness Streep. Counsel Goff arrived just forty minutes late, and said he was too busy to be inter- viewed as to the charges made against him by Mr. Comstock—that he had failed to presecute a lottery agent. Senetor Lexow then said that he had re- ceived @ letter from Mr. Comstock, but that the senators did not think it right to have Mr. Comstock come to court, as the matter was outside the scope of the com- mittee. Mr Goff then said: “Through the kind- Ress of the Assuciated Press, I have been supplied with a copy of an interview with Mr. Comstock last night, and I will now say that I decline to say anything or have #ny communication with Mr. Comstock un- til he puts in writing all he knows, and all he is prepared to say, in reference to a cer- tain case in which he says I was prosecu- tor while holding the position of assistant district attorney, “The chair is still open for any person who wishes vindication, and as this com- inittee will have to adjourn very soon, I feel certain that there will be a number of claimants for vindication after the sessioa has ended.” Inspector Williams was then called to the stand. Mr. Goff asked Williams if he ever nad any United States bonds, and the witness said he never had. Several questions es to the witness’ property followed, and also a few queries about Williams’ yacht “Kiea- nor.” ‘Then Mr. Goff began asking about what money Williams received as gratuities pricey in command of the “Tenderloin” pre- cinet. “Not @ penny,” was the reply. ‘Did you get any money?” “Yes, but not in the “Tenderlo: call it. I got money down town,’ “From whem?” “From the firm of Fliess & Hoy,47 Broad- way.” as you ‘How much did you get?” “About’ $5,000 or $6,000, Mr. Fliess sald he was dealing in stocks. I gave him no money, but he said he was willing to take the risk. I did not know anything about the business.”” “This Mr. Fliess is connected with the Hollywood Whisky Company, in which you were accused of having an interest?” “Yes, I believe so, but he had no vosi- tien in the company at that time. He told me his brother was connected with the company.” “Don’t you think this was a very extra- ordinary proposal for a man to make to you to buy stocks without your putting up any money? “I don’t know,” was the-evasive answer. “Where did you see Mr. Fliess?” “I frequently met him in the Gilsey House. I used to go in there every night.” “Did you ever send for an envelope con- taining valuable property, and have it taken from Wardman Dunlap’s room when he was dying? “No, sir.” Tne witness then said he had an account in the Bowery Savings Bank of less than $3,000, one in the Seamen’s of less than $1,000 and one in the Dry Dock of less than $2000. He did not have any other accounts, but his wife might have. He did not know his wife’s business. He knew that his wife got $5,000 from Peterhead, Scotland. “Did your wife wear a diamond cross?" “I never knew her to wear one.” “Was it not teken from a notorious wo- man?” “I deny it and brand it as an infamous lie,” shouted the witness passionately. “I never knew the French madame. ~ She wasn’t French she was a German,” was the next reply to Mr. Goff's probes. “Did you ever get a presentation in Ly- ric Hall? “Yes, an album.” “What was it worth?” “Two thousand five hundred dollars. It was presented to me by Jerome Buck. Several persons subscribed to the fund to buy the album. Among them were sev- eral judges of the criminal courts here after I was exonerated on a trial Pigeons at Delmonico’ “Did you not eat pigeons at Delmoni- co's?” asked Goff. “Ah: you're romancing,” exclaimed Wil- Mams. “Do you know what a pigeon is?” “Yes; a bird.” “A bird that files from Delmonico’s with an envelope, containing a $5 bill, to the tion house. Eh know nothing of it.” “Did you not collect $5 from Charlie Del- morico every night, and did not a police- man say that was outside your perquis- ite?” never heard anything about Ii “Tell us about the album which was pre- sented you by Jerome Buck, with $2,500, Was it not a present from the gamblers of the Tenderloin, gotten up by Neuberger? “It was got up by a man named Brady. “Did not Commissioner Voorhis give as his reason for promoting you that it was necessary to get you out of the Tender- loin, your conduct was so bad?” “1 don’t know.” i “There was a presentment made by the grand jury calling for your removal and that of Capt. Allair for allowing gambling houses to exist within a stone's throw of the station house?” “Yes.” permitted this state of things fhe statements made by the grand jury are false?” “They are untrue.” Mr. Goff read a report prepared by the witness, In which he gave a@ list of cam bling houses and policy shops. “Take the name of John Daly. Did you close his house “Mike Murray's?” “Yes.” “Mattie Corbett’s?” “I don’t knoW about that, That house of Mike Murray's was exposed by a ‘World’ reporter.” “Don't you think it would be a good scheme to get some of the newspaper men to assist the police in discovering gambling houses?” “Well, some of fellows. z id you raid Mike Murray's place?” (es, I found some gambling implements there. I think they were sent to Mr. Com: stock.” Mr. Goff then read a lst of the brotheb them are very bright