Evening Star Newspaper, January 12, 1895, Page 2

2 THE EVENING STAR, SATURDAY, JANUARY 12, 1895-TWENTY PAGES, LATE NEWS BY WIRE Funeral Services of Mrs. W. W. Astor. INVOLVEDIN THE HONESDALE BANKCASE —-. Two More Bodies of Delavan House Victims. BLIZZARD IN THE WEST eee NEW YORK, January 12.—The funeral services over the remains of Mary Paul, late wife of Wm. Waldorf Astor, were held at Trinity Chapel today. The funeral cortege was led by the choir singing the Processional hymn, “Hark, Hark, My Soul; then came the officiating clergy, the Right Rev. Henry C. Potter, D. D., the Rev. Morgan Dix., D. D., and Rev. Wm. H. Vibbert; then came eight pall-bearers, followed by the members of the family. William Waldorf Astor entered the church with the aged father of his late wife on his arm. The remains were, after the ceremony, deposited in the J. J. Astor vault. Mr. Astor yesterday directed a Broadway flor- ist to place each day for a year on his wife's cotfin a wreath of violets and or- chids. Croker’s Thoroughbreds Shipped. NEW YORK, January |2.—Nineteen thoroughbreds, belonging to Richard Cro- ker, were shipped on the steamer Missis- sippi for England today. Stonenell, Harry Reed and Montauk are entered in various events in the early spring meetings in England, and Mr.Croker bas already received the weights they will have to curry in the events. Trainer Camp- bell said: “I have not had much time to get them fit, but happily they are short- distance races in which they are engaged, and I think I can get them fit for them. Mr. Croker went down the river to see Tis favorites out of the bay and have a final and quiet chat with his trainer be- fore he meets him again on foreign soil. ‘The horses comprise seven of the old horses whose names are familiar with the racing public, and twelve two-year-olds, highly broken and highly tried as year- lings. involved With His Father. NEW YORK, January 12.—Charles W. Kellam, a son of D. L. Kellam, was ar- rested today by Detective Sergeant Cuff of police headquarters and taken to the district attorney's office. He is charged with forgery in the second degree and his arrest is in connection with that of his father and Wm. W. Weston, president of the savings bank at Honesdale, Pa. The three are accused of altering four notes of $6,000 each, signed by H. E. Sim- mons, payable to the erder of M. A. Smith and indorsed by the latter. The younger Kellam wil! probably be held in $5,000. Delavan Victims Recovered. ALBANY, N. Y., January 12—Workmen at the Delavan House guins early this morn- ing spaded up two bodies, supposed to be of women. One of the bodies is thought to be that of Mrs. Hill, the housekeeper, and the other that of one of the linen girls. Blizzerd at ianapolis. INDIANAPOLIS, Ind., January 12.—The blizzard which struck this city yesterday afternoon continues, though somewhat abated in violence. At 6 o'clock this morn- ing the signal office thermometer registered 13 below zero, and at 7 a.m. it had gone up one degree. At noon the thermometer stood at 7 de- Brees below. One foot of sncw covers the ground, and in many places it has drifted to the depth of several feet. Much discom- fort is being experienced in different por- tions of the city, caused by a low natural gas pressure. —. CAUCUS AT BOISE. Judge Sweet Nominated by Majority of Iiaho Republican Legislators. Special Dispatch to The Evening Star. BOISE, Idaho, January 12.—A majority of the republican members of the legislature met in caucus and nominated Representa- tive Crane of north Idaho chairman, and Senator Rounds of south Idaho secretary of the caucus. The caucus nominated Judge Bweet for United States Senator. Senator Shoup’s supporters would not attend the caucus. Gamble and Brown members from Judge Sweet's county and residents of his town, refused to attend the-caucvs, although they are instructed for Sweet and pledged to him. Judg2 Sweet has denounced them. Brewne claims to he a candidate for 5 ¢ himselt, and says he has the support of Gamble. ‘The populis’s and democrats will try to ballot the session ont without electing. ——— MAY BE A TIE Street Railway Employes at Brooklyn in Conference. BROOKLYN, N. Y., January 12.—An ex- ecutive meeting of delegates from District Assembiy No. K. of L., is in session this afternoon to decide whether or not there shall be a tie-up of the street rail- ways of this city. The men demand an ad- vance of cents a day. The managers of two of the lines have made an offer of 12 1-2 cents. Should the employers and operatives fail to reach an agreement, it is likely a gen- eral tie-up will be Inaugurated at midnight. —— DISTRICT GOVERNMENT. up. The Exeise Board. - At a meeting of the excise board today the following applications were acted upon: Granted—Joseph P. McDonnell, 337 New Jersey avenue northwest; Patrick Shrugrue, W044 Lith street northwest; Arthur C. Pans- ley, 107 G street northwest. Rejecter Elizabeth Geary, street northeast. Firemen Can Ride Free. 42 Jackson The president of the Washington and Georgetown Railroad has notified Chief Parris of the fire department that hereafter any two firemen, while ix form, will be allowed to ride free on any of the cars of that road. ade. The missioners this morning received &@ propositien from a syndicate to excha the site recently purchased by the Com- missioners for a cont hospital in Pleasant Plains for Si square feet of ground, square 12, bounded by G, H, 16th and 17th streets southeast. It was claimed that there was no st ulation in the trade and that it w Ask Restorai A petition, bearing the signatures of a large number of citizens residing in the vicinity of 7th and O streets northwest, re- questing the restoration of Officer Law- rence in the above neighborhood, has been received by the Commissioners. The peti- tion states that their reason for requesting the restoration of Officer Thomas Law- | rence {s on account of the efficiency he has shown, and feeling that their business and social safety depend largely upon it. ina tiffention Appropriations. Thefortification bill, as reported to the Senate today, provides for a net increase over the House bill of $56,500, and makes a total appropriation of $1 The total increase is $116,000, divided as follows Ten thousand dollars for the revair of fortifications, $0,000 for finishing eight, ten and twelve-inch guns at the army gun factory and $56,000 for carriage plant at the Watertown arsenal. The principal item of reduction ts $50,000, made for oll-tempe: 44 and annealed steel for high-power coast defense gun | the arts of diplomacy To Set Aside a Sale. A bill in equity was filed today by James . Burn against Wm. E. Edmonston and hers, to set aside the trustees’ sale of amb lote 4, 82 and 33, square 082. A GREAT PETITION HERE The Plea From England for International Arbitration, To Be Presented to the President and senger of Peace. Mr. Willtam Randall Creamer, a member of the British parliament from one of the Lendon districts, and a chevalier of the Legion of Honor, has traveled all the way to Washington for the express purpose of presenting to the President a memorial, signed by 315 members of parliament, pro- posing that all differences between Great Britain and the United States be settled by arbitration, Mr. Creamer is the edi- tor of a London paper called the Agitator, and is one of the active leaders of the liberal party. He has had a seat in the house of commons for eleven years. He arrived in Washington last evening, an is stopping at the Riggs House. y A. Star reporter had a short chat with him in the lobby of the hotel this after- noon. He said he had not fully matured bis plang yet, as he desired to confer with friends in this city before proceeding further in his mission. If it can be ar- ranged, he said, he will probably call upon the President on ‘Tuesday next. He had visited the White House before, seven years ago, when the arbitration movement received its first substantial impetus, and consequently ts not an entire stranger here. He did not expect any formal pre- sentation, and saw no occasion for enlist- ing the services of the British ambassador in the matter, especially as he had already met the President, and was not here in a diplomatic capacity. To Inspire Legislation. After he had presented the memorial to the President, he said, he proposed to furnish copies of it to members of both houses of Congress, in the hope of inspiring legisla- tion which would lead to the consumma- tion of his mission, namely, the conclusion of negotiations between the two great English-speaking nations for the settle- ment of all differences beyond remedy by by the peaceful means of arbitration. Mr. Creamer said it would be manifestly improper to allow the publication of the memorial in advance of its delivery to the President. He also intimated a delicacy of talking about his mission at this time, but he thought there was no impropriety in say- ing that a conversation he had with Lord Rosebery, just prior to his departure from England, justified his belief that any initi- atery steps taken by this government in the direction of international arbitration would meet with a prompt and hearty re- spense from the British government. He strongly indorsed the resolution introduced in the Senate by Mr. Allison last session providing for arbitration between the two countries, and regretted that the chances of its adoption at the.present session were hampered by the short time it had to run. “The consummation of the present plan of arbitration,” said he, “would be a great victery for peace and civilization. It would be the first link in the chain of universal arbitration, and the grand example thus set by the United States and Great Britain wovld sooner or liter be followed by other countries.” ———_——__+e+_____ THE WIRE TAPPERS. A Motion to Quash the Indictment Against Them. As intimated last Saturday would be the case, Mr. Thos. C. Taylor, counsel for the alleged wire tapper, Frederick J. Owens, this afternoon filed a motion to quash the indictment. Owens and Palmer P. Babcock were jointly indicted for attempting to tap the wires of thé Western Union Telegraph Company on the Long bridge last fall; the wires running into the betting ring at the Alexander Island race track. In the motion to quash, it is urged that the indictment ts said to be fatally de- fective, because it does not charge or de- scribe any indictable offense under the laws of the District, and because it does not charge any conspiracy to injure any law- ful business or pursuit of the telegraph company within the District. It is also urged that the indictment is fatally defective, because it affirmatively charges a conspiracy to prematurely dis- close yarticipation in and a promotion with- in the District of an unlawful and criminal pursuit (bookmaking), a disclosure of which is not a crime under.the District laws. And it is further urged that the indict- ment is fatally defective in not enabling the court to ascertain whether such dis- closure would have tended to injure any lawful business or legitimate pursuit of the telegraph company, or of the proprietors and conductors of certain pool rooms with- in the Distric The motion will probably be argued some time next we a gS ts Death of Mrs. Jus. L. Norris. Mrs. Arnie Robinson Nerris, wife of Mr. James L._ Norris, died very suddenly and unexpectedly about 1:39 o'clock this afier- noon at the family residence, 531 C street. Mrs. Norris had not been il!, and her death was a sad blow to her family and those of her friends who have heard of it. Me., Norris had gone home to luncheon this afternoon, and up to that time his wife had been in her usual state of health. A few minutes after reaching the house his daughter came runnifg down to tell him that Mrs. Norris was sick and that he had better send for a doctor. A phy- sician was hastily summoned, as was also Rev. Dr. Sunderland, but she was already past the point where human aid was of any avail, and she died within a very few minutes. All of the immediate fai who are in the city were at the bedside. The cause cf death has not yet been ascertain- ed nor have any arrangements beea made for the funeral. Mrs. Norris was originally a Miss Rob- inson of Virginia. A Couple of years ago Mr. and Mrs. Norris celebrated the silver anniversary of their wedding. They had five children, three sons and two daugh- ters. Mrs. Norris was an active member of the First Congregational Church and leaves a large circle of friends, by whom her loss will be deeply feit. Takoma Lodge. At the regular meeting of Takoma Lodge, No. 24, I. O. O. F., held January 3, the fol- lowing officers were installed for the en- suing term: John B. Kinnear, noble grand; William W. Cox, vice grand; H. S. Pett recording secretary; W. J. Tucker, per. ; T. F. Willis, treasurer; C. M. M. F. Martin, L. s. H. Elbert Warren, W. Longley, R. S. S.; J. J. Atwell, L. dimerson, R. S. V. G.; George . 3. V. G. Messrs. E. T. Morris , Who were appointed, re- were absent; consequently they were not installed. At the close of the installation ceremonies Acting Grand Master Colledge made a very earnest and practical address, setting forth the duties and obligations of Odd Fellowship. The following committee. was appointed to make arrangements fer a suitable com- memoration of the approaching anniversary of the institution of the lodge. January 26 P. G., J. H. Van Houten, H. Elbert Warren; Vv. G., W. W. Cox, Isaac Jimerson; N. G. J. 8. Kinnear. The celebration will be on Friday evening, the 25th instant. ——— The Castine for Madagascar. Secretary Herbert said today that pre- paratory orders have been issued to the astine to sail to Madagascar. The orig- inal orders to the Castine were to go to China, and it may be that she will con- tinue her journey in case matters become ore quiet in Madagascar. to th» Castine have been is- ult of advices from the nsul at Tamatave, repre- senting the pility of having a United States man-ef-war there to protect Ameri- can interests in the present warlike state of affairs. —<—— Desires Relief, Ellenora Speer and others today filed a bill in equity against John H. Magruder, for the appointment of a trustee in the place of Mr. Magruder, who desires to be relieved as trustee under the will of the late E. Carroll Morgan. 2 | pher. \ quitity. SENATE AND HOUSE Both Branches of the National Leg- islature in Session. MR. TELLER FAVORS THE INCOME TAX He Speaks of the Frantic Appeals of the Treasury. MATTERS IN THE HOUSE The Senate galleries were fairly well filled today in anticipation of a speech by Serator Gorman on the currency question, in which, it was thought, he would pro- pose some solution to the problem from a Senate standpoint. It was observed also that Senator Quay of Pennsylvania spread before him on his desk a roll of manuscript which looked like one of the formidable and carefully prepared speeches for which he is noted. Senator Wilson of Iowa ap- peared on the floor for the first time this session, after a long illness. Gov. Foster of Louisiana was also on the floor, being introduced by Senator Blanch- ard. When the routine proceedings were out of the way, Mr. Cockrell called up the urgent deficiency bill. - The Parliamentary Status. The presidirg officer, Mr. Harris, ex- plained the parliamentary situation coming over from yesterday. Mr. Hill had offered an amendment to the item appropriating funds for collecting the income tax, so that the legality cf the tax would be re- ferred to the courts. The chair had ruled out the amendment on a point of order. Mr. Hill appealed from the detision of the chair, and Mr. Morgan moved to lay the appeal on the table. In erder to permit Senators to further discuss the income tax, Mr. Morgan agreed to withdraw his motion and thus postpone a vote on Mr. Hill's ap- peal. Mr. Teller Favors the Tax. Mr. Teller (Col.) then addressed the Sen- ate in support of a continuance of the in- come tax. He pointed to the large deficits which had been temporarily met by bond issues. The g6ld supply was: down to $7 000,000 and was rapidly disappearing. Any |- proposition to do away with the income tax should, therefore, be accompanied by a plan to raise the revenue the government required. Mr. Teller gave it as his opinion that the- income tax would become per- manent, even though it was limited to five years by the present law. He believed it was such an equitable tax that the people would insist upon its continuance. Impor: duties could not be put so high as to entirely keep cut goods. And with- out these high duties there was certain to be a deficit in revenue. It was essential therefore that some m he adopted, and the income tax was the most just mode of taking this course. Mr. ‘feller spoke of the vain and fruitless ef- forts of the executive branch of the gov- ernment to do something to relieve the present distress of the government and the people. “It shows,” sald the Senator, “that the executive branch is in the wrong hands.” The Treasury Currency Scheme. Mr. Teller spoke caustically of the “scheme of banking coming from the Treasury Department.” He referred to the current reports that the bill had been jotted off in thirty minutes to a stenogra- “I wish to show all due respect to this bill,” said Mr. Teller, “coming as it does from such high sources, but if such a measure came from any Senator or mem- ber, if it came from any populist, it would be branded as the height of lunacy. Mr. Teller declared that the currency bill proposed to inaugurate the old era of wild- cat paper. It violated every principle of finance in this country or any other, If the currency of the government was to be turned over to corporations, then the pres- ent national bank system was the best one possible and should be retained rather than proceeding on some experimental plan. Mr. Teller ridiculed the talk about an “elastic” and “flexible” currency when barking corporations had charge of the elasticity. “There are about six weeks remaining to this Congress,” said Mr. Teller. Why Tntse Frantic Appeals? “Now does any person seriously believe that a revision of this vast currency sys- tem can be accomplished in that time? Why, then, are Congress and the country stirred by these frantic appeais from the treasury If there was a little less alarm, a little less fright, proceeded the Senator, the country might preserve its equilibrium. 1f the president of a bank ran out in the street and held up his hands in alarm at the condition of his bank, the institution would be in the hands of a receiver in short order. The Senator urged that it was time the executive authorities stopped what he characterized as frantic demon- strations of fright. Mr. Teller explained in detail the bi- metallic system of France, under which that country now enjoyed absolute tran- The French peopie were satisfied because they were not being threatened constantly by their financial ministers with bankruptcy. Senator Hawley’s Experience in Paris Senator Hawley (Conn.) at this point in- terjected and gave a graphic narrative of his personal experience in Paris on the night before France raised the vast sum to pay its war indemnity to Germany. The popular bond subscription was to be opened at 9 o'clock Sunday morning. The Senator went along the Champs Elysee the night before and saw the hundreds of plain people crowding up to the Palais D’Indus- trie to-take some small share of the goy- ernmegt’s debt. It showed, the Senator said, e close touch between the people and the government and the remarkable distribution of wealth and debt into every household. Mr. Teller argued at length to prove that the low prices of agricultural products to- day were the direct result of the demoneti- zation of silver, first by Germany, then by the United States, and lastly the Latin union. , THE HOUSE. About twenty members crowded down into the area in front of the Speaker's rostrum at the opening of the session of the House today in.the hope of getting bills of jocal importance through by unan- imous consent, but all were unsuccessful. r. Hatch, chairman of the committee on riculture, called up a bill to extend the provisions of the Wilson original package liquor law to oleomargarine in original packages. - $ ‘The Wilson bill covered distilled and fer- mented liquors in original packages, but by a decision of the Supreme Court, ren- dered by Justice Harlan, December 10, it was decided that oleomargarine could be imported into a state in original packages and sold free of tax. This bill was to make the law uniform as regards distilled liquors and imitation butter. It completed the ef- fectiveness of the police powers of the states ty authorizing them to exercise their police powers over oleomargarine, butter- ine, imitation butter or imitation cheese imported in original packages as if they had been manufactured in the states where they were consumed. The bill precipitated a discussion regard- ing the merits of the oleomargarine act and its constitutionality. It was particl- tated in by Messrs. Williams (Miss.), War- ner (N.Y.), Forman (Ill) and Grout (N.H.). Mr. Hatch attempted to have the extra hour to which the bill would be entitled to under the rule, when the committee is again called, granied at this time, but his request was refused. He then tried to have the previous question ordered, but filibus- tering by Mr. Bynum consumed the time until the morning hour expired, and the bill went over. The House then took up the bill to codify the pension !aws, and the bill was passed. Senate bill granting a pension of $100 per month to Mrs. Katharine Todd Crittenden, widow of Thomas L. Crittenden, a major general in the army, was passed, with an amendment reducing the amount to $30 per month, ¥ Shortly before 2 o’clock public business was suspended, and eulogies were delivered on the late Representative George B. Shaw of Wisconsin, dle course should + A KNOWN QUANTITY. It is the practice of The Star to print on Saturday a sworn statement of its circulation day by day for the preceding week. It would seem self- evident that the advertiser is entitled to this protection, . Below will be found the statement for the week just past. The average circulation exhibited is believed to be much more than the combined circulation of the other Washington dailies, and fully five times that of its afternoon vontem- Porary. Circulation of The “Evenirg Star.” SATURDAY, Jan. §, 1995, 002. 38,252 MONDAY, Jan. 7, }1895;) . - 32,515 TUESDAY, Jan. 8, 1895. ae WEDNESDAY, Jan: 9, 1695. . THURSDAY, Jan. 16, 1 FRIDAY, Jan. 11, 1895, Total. Daily average. I solemnly swear ‘that ‘he above statement rep- Tesents only the number of copies of THE KVEN- ING STaRcirculated duringthe six secular days end- ing Friday, January 11, 1995—that is, the num- ber of coples actually sold, delivered, furnished ormailed, for valuable cditsideration, to bona fide purchasers or subscribera, and that none of the coples so counted were returned to or remainin the oftice unsold. J. WHIT. HERRON, Cashier Evening Star Newspaper Co. Subscribed and sworn to tefore me this twelfth day of January, A. D. 1995. GEO. H. MICHAELSEN, Notary Public, D. C. Notice to Subscribers. Subscribers are earnestly requested to report any irregularity in the de- livery of The Star and also any failure on the part of the carrier to ring the door bell. A ptoper service can only be main- tained through the courtesy of sub- scribers in reporting shortcomings. THE DEBS CASE. His Counsel Will Seek Relief From the United States Supreme Court. Mr. C. S. Darrow of Chicago, counsel for President Debs of the American Railway Union, had a conference this morning with Justice Harlan of the United States Su- preme Court, at which was briefly and in- formally discussed the question of bringing the Debs case before the Supreme Court of the United States. It is understood that Mr. Darrow next Monday at 10 o'clock will make applica- tion to Justice Harlan, as justice of the seventh United States circuit, for a writ of errer from that court direct to the United States Supreme Court, at the same time offering bail and asking for a sus- pension and a stay of execution pending the writ of error. lt is not certain, however, but that Mr. Darrow may decide to ask the court for a writ of habeas corpus. In any event, it is altogether probable that the case will’ come before the Supreme Court in a form to ad- mit of an early determination of the ques- tions involved. ° DISTRICT IN CONGREss. Laborers’ Pay. Representative Hunter today introduced a bill in the House providing that the pay of laborers at the government printing of- fice shall be 35 cents-an hour. To Increnee the Navy Yard. The House committee on naval affairs today favorably Fepofted the bill appro- priating $10,000 fof thé purchase of square 853, lying adjacent to the navy yard. The report accompanying the bill says that the purchase of this squgre and the setting aside of a strip of public land adjoining it will add nearly fgur’Acres to the area of the yard, In explanation of the advantage of ex- tending the yard, attention is called to the necessity of increased facilities for the storage of guns and the output of the shops. It is said that a great deal of val- uable manufacturing material is in danger of destruction by fire and it is desired to erect substantial Duildings in the west end of the yard for storage purposes. It is also explained that it may be desirable to store torpedo boats, in which case the additional space would be necessary. The ground which it 1s desired to purchase is assessed at 8 cents a foot. Senator Gallinger Thanked. Senator Gallinger returned to,the city last evening from Chicago, where he weat as a member cf the Post fureral party. He found awaiting him on his desk a leiter from Public Printer Benedict, thanking im in the name of the employes of the printing office for the interview in he Star of Monday last, in which the Senator for- vibly argued in favor of the immediate erection cf a 1.ew printing office building. The public printer in his note said that the arguments of Senator Gallinger seemed to be strong enough to convince the entire Congress of the urgent need of legislation on this subject. The Senator says that he does not believe that the bill choosing the Mahone site for the printing building, which was yesterday agreed to by the House committee on public buildings and grounds, will pass tha House. He said that ff it should come to the Sen- ate it would have to be reported to the committee on public buildings and. grounds there, or to the printing committee, and he did not believe that a favorable report could be secured from either of these. If, however, he added, the bill should come to a vote in the Senate the opponents of the Mahone site would probably content them- selves with voting against this selection, and would not defeat the entire proposition by obstructive tactics. SSS Funeral of Will Clements. The funeral of Will G. Clements, the boy who was accidentally killed Tuesday after- noon, was held yesterday afternoon from the home of his parents, 1745 18th strect. The services were conducted by Rev. Dr. Brown, assisted by Bishop Hurst and Rey. Dr. Greene, each of whom paid a high tribute to the character of the dead boy. The pall bearers, all young friends of the dead boy, were A. N. Dalrymple, J. F. De Silver, H. M. Crist,.C. S. Saunders, W. W. Beck and Hugh Duffy. The honorary pall- bearers were Bliss McCrumb, Raleigh Luckett, Arthur Plant, Edward Davis, Ed- ward Eshleman and Henry Riggles. The interment was at Glenwood. ——— Roys Escape. Alfred Thornette, Vernette Swearinger, Louis James and Harvey Cook, inmates of the Washington City Orphan Asylum, made their escape from, that institution about 6 o'clock last night/ ant as yet but two of them have returrad. 1 = Young Swearingér ¥eturned to the asy- lum about noon tgday of his own accord. About 1 o'clock today’ Mrs. Thornette re- turned her son to the Orphan Asylum, but the superintendent rpfused to take him back, as it was decided the reform school was the proper place, for him, where he will be placed at énce. pee PE eee The New York Off for the South. NEW YORK, January 12—The cruiser New York left her anchorage off Tompkins- ville, Staten Island, this morning for Hampton Roads, from’ which place she will sail for the West Indits in company with the Columbia, Atiantd, Marblehead, Cin- cinnati and Raleigh. «' BOOKMAKING CASE Arguments Before Judge Cole on Fred Miller. GOING OVER OLD GROUND The Two Acts Against Gambling and Their Meaning. MR. DAVIS ARGUES Judge Cole, in Criminal Court No. 2, this morning took up the cese of Fred T. Miller, recently indicted for setting up a gaming table early last month at the Benning race track, in conducting bookmaking on a cer- tain scrub race run there. Miller was ar- raigned last Saturday, when, as stated in The Star, he demurred to the indictment, contending that it was fatally defective, because the indictment does not charge the defendant with any offense against any law in force in the District, and because the supposed offense of bookmaking, as men- tioned and charged in the indictment, is not unlawful here. Mr. Daviw’ Contention. In opening the argument Mr. Henry E. Davis, on behalf of Miller, explained that he would contend that the act of 18, pro- hibiting bookmaking within the cities 6f Washington and Georgetown .and within one mile of the limits of those cities, was a legislative construction of the act of 1883, prohibiting the setting up and the maintaining of gaming tables and other gambling devices in the District. H would contend also, said Mr. Davis, that the act of 1891 was a repeal of the act of 1383, Arguing the first proposition, Mr. Davis asserted that in determining whether or not the act of 1883 was designed to pro- hilit. bookmaking, the court had full and ample authority to rely upon the construc- tion which that act had been given by the general community. = In support of that contention Mr. Davis read numerous authorities, which, he claim- ed, left no doubt whatever of the power of the court to consider and adopt the con- struction so given the act. If that con- struction were adopted, said Mr. Davis, the court could not do otherwise than decide that the act of 1883 neither attempted nor ecticempis ced the prohibition of bookmak- ing. Intent of Congress. That the second act was a legislative ecnstruction of the first one was plainly indicated, stated Mr. Davis, from a reading of the titles of both acts. The title of the act of 1883 was to the effect that it was an act to prohibit gambling within the Dis- trict, while the title of the act of 1591 stated that it was an act to prohibit book- making within the cities of Washington and Georgetown and within one mile there- .of. Construing the acts of Congress, the ‘court, argued Mr. Davis, was fully author- ized to ascertain the intent of Congress from a reading of the title of the act. And several authorities were read by Mr. Davis, which, he claimed, sustained his position. Considering the two acts together, Mr. Davis said that the conclusion was forced upon the court that Congress had repealed the earlier act. While, he said, repeal by implication was not favored by the courts, he read authorities which, he claimed, did sustain such a repeal. But, argued Mr. Davis, there was a still stronger reason for holding that the act of 1883 had been re- pealed, for, said Mr. Davis, unless that were true there existed today two penal- ties in the District for the commission of the same offense--that of bookmaking. If both acts remained in force, said Mr. Davis, a person who conducted bookmak- ing within the cities of Washington and Georgetown, and within one mile thereof, was punishable by imprisonment: in the jail for not more than ninety days, while a person doing the very same thing one inch beyond those limits was punishable by imprisonment not exceeding five years. The result would be to attribute to Con- gress a purpose most absurd, and which, if upheld, will iead to injustice and inequal- ity. Such a construction, urged Mr. Davis, would be as unreasonable as it is unjust. Mr. Mavis then proceeded to read authori- tles, which, he said, prohibited courts from upholding laws which prescribed two sep- arate penalties for the same offense in the same jurisdiction. Right to Determine. The court, said Mr. Davis, had the right to determine what Congress intended by the act of 1891, from a consideration of the debates in Congress, What was the contemporaneous construction of the law and what had been done in the courts in the matter of the act of 1883. The court could not, said Mr. Davis, shut its eyes to the fact that prior to the passage wf the act of 1801 bookmaking was being con- ducted in the whole District openly, and unrestrained by law. The act of 1801, he argued, was passed to prevent bookmak- ing in the cities of Washington and George- town an@ wiihin one mile thereof. ‘That, said Mr. Davis, had neyer been de- nied. Hence, Congress clearly and un- doubtedly wholly repealed the act of 188%, if it repealed the act at all, but at the same time made it unlawful to conduct gambling, in the form of bookmaking with- in the boundaries mentioned in the act of 1891. And in doing that, argued Mr. Davis, it permitted Lookmaking in all its torms within certain parts of the District, wheth- er in conducting it a gaming table or other gambling device was thereby set up or not, In concluding his argument, Mr. Davis explained that the casa was a bona fide test of the Iaw, and had been made because of the large interests involved in the de- termination of the question. Because of the fact that by the enforced stoppage of racing, many people had been deprived of a living. It was to the interest of those people, and to the interest of the people of the whole District, that the question should be deii- nitely determined and settled at the earli- est practicable time, said Mr. Davis, and he was confident that the court, notwith- standing its former adverse opinion, would cenclude that the acts of 1883 and 1S91 could not and do not stand together. The Other Side. At the conclusion of Mr. Davis’ argu- ment the court at 12:50 took a recess until 0, when District Attorney Birney ad- dressed the court in support of the indict- ment. Mr. Birrey said that there could be a form of bockmaking, he regretted to say, which did not require the setting up of a gaming table or other gambling device. : 5 That form, which could be conducted by a bookmaker traveling about the city, taking and making a hand book. Such a form of bookmaking was necessarily of a minor form, and could only be success- fully carried on in the crowded precincts of the city. The act of 1891 was designed, said Mr, Birney, to prohibit such a form of bookmaking, as well as all others, by pun- ishing both the bookmaker and his patrons, On the race tracks such a form of book- making could not be a success, and, there- fore, the act of 1883 was wisely allowed to star.d as to that portion of the District be- yond the mile limit. In arguing that the law was ample to sustain the indictment, Mr. Birney said the court could not construe the law in favor of gambling unless the act of 1891 clearly and with the utmost certainty re- pealed the act of 1883. To dismiss the in- dictment, said Mr, Birney, would be to plant within the District a festering sore like that just across the Long bridge, on Alexander Island. Mr. Birney said he would like nothing better, if he had the time, than to read the descriptions which had appeared in The Star of the alleged “sport of kings” across the river. Decision Reserved. The authorities quoted by Mr. Davis were discussed by Mr. Birney, who contended that they in no way precluded the court from sustaining the present indictments. Mr. Birney occupied the attention of the court but a short time, stating that he felt that the question was so plain that there was little necessity for a lengthy dis- cussion. He was followea by Mr. Davis, who con- cludei the argument, rot befcre, however, Judge Cole had intimated that he believed that a person who conducted bookmaking in the District, inside the one-mile limit, involving the setting up of a gaming table, could be charged under both tha act of 1883 and that of 1891. Tudge Cole, however, reserved his deci- sion in the case, ONE NEW CASE SURE Patrick Sullivan Sent to the Pest House The Health Officer is Also This After- “moon Examining the Cases of Thiee Suspecis. There was one patient sent to the small- pox hospital this morning, and at noon the doctors had several suspected cases on hend. One of them is in Marion court, a nine-year-old boy. There was a smallpox patient taken from this court more than two weeks ago. The patient taken to the hospital today is Patrick Sullivan, a young man who lives at No. 39 New York avenue nerthwest. It is almost certain that he got his case of varioloid from Joseph Bran- non, the colored man who created the scare in the second police station about three weeks ago and who: wandered about the streets in the snow storm some time before he managed to reach the hospital. He died efter reaching the hospital. As printed in The Star at the time, Bran- non made several ineffectual attempts to get treatment, and was sick several days before he fell-on the street from exhaus- tion, and had to be removed in the am- bulance. While Brannon- was sick, and when the postules had about appeared on his face, he went in the saloon at 1st and Pierce streets, where Sullivan is employed as bar- tender, and called for a drink. Sullivan saw ut a glance that there was something the matter with the man, and promptly or- dered him out of the saloon, and he de- parted without his drink. This litue epi- sode frightened Sullivan, and he went off and got vaccinated; but this did not save him entirely. But the physicians think it had the effect of reducing the disease to varioloid. . Vaccinating Police. Maj. Moore has taken action in the small- pox matter by issuing the following order: “Each and every member of this depart- ment will report at his station house on such days ‘and between such hours as may be designated by the surgeons of the Dis- trict, who will determine whether or not vaccination is necessary in each individual case. Each surgeon will furnish these headquarters with a list of those vacci- nated, those not needing vaccination, and any who may refuse the-operation, and in clue time will report the result to the major and superintendent.” This order was issued after the matter had been fully considered. In the line of , duty the police have to visit alleys and places where smallpox cases are likely to occur, vnd it is for their own protection as much as anything. else that they are required to get vaccinated. The employes of the health department were vaccinated several weeks ago. Mere Suspects. At 2 o’clock this afternoon Dr. Walls, the smallpox inspector, was notified from the health office of four suspected cases, and he started out to investigate them. Included in this number is the suspected case in Marion court. —__.__. NEARLY A TRAGEDY. The Marlow Family Has Trouble and a Gun Figures, ¢ There is a family of colored people at Ivy City named Marlow, and some mem- bers of the family have given the police trouble a number of times. This morning between 9 and 10 o'clock there was trouble in the family and the reports of three pistol shots fired by one of the sous were the cause of a little excitement there. Following the reports of the pistol shots were cries of “murder” and “police” and the residents of the village became greatly excited. A crowd soon gathered about the Marlow house, expecting to see a dead man, but in tis they were mistaken, for the bullets had done no great damage, one of them having grazed the old man’s head. When the police reached the scene of the shooting they were informed that John Marlow, one of the sons, had used the pistol, and whisky had caused the trouble. John was not at the house, and officers in all the precincts have been notified to look out for and arrest him. ee Strect Railway Officers Elected. The recently elected board of directors of the Eckington and Soldiers’ Home Railway Company met this afternoon and decided on officers as follows: D. M. Newbold, president; W. Kelsey Schoepf, vice presi- dent and general manager; H. K. Gray, secretary and treasurer, and R. I. Todd, superintendent. At a meeting of the stockholders of the Belt Line Railway Company, also held this afternoon, the following board of di- rectors to serve during the year 1895 was selected: Charles B. Calvert, Robert Carswell, Andrew Glass, H. K. Gray, B. O. Hoitzman, D. M. Newbold and W. Ke: sey Schoepf. Officers as stated below were then chosen by the board: D. M. Newbold, president; W. Kelsey Schoepf, vice presi- dent and general manager; H. K. Gray, secretary and treasurer, and William Clem- ents, superintendent. — Death of Mr, Marion Baxter. Mr. Marion Leslie Baxter, well known in this city, died at Derby Line, Vermont, on January S$. Interment took place at Straf- ford, Vt. Deceased, who was fifty-five years old, was a brother to Surgeon Gen- eral Baxter, who was well known in offi- cial circles here. : ——— Marriage Licenses, Marriage licenses have been granted to the following: J. Graham Pearre and Elisabeth Pannill Compton, both of George- town, D. C.; Moses Lucas of Alexandzia county, Va., and Felicia Vase of this city. Eee Cotton Market. Special Dispatch to The Evening Star. NEW YORK, January 12.—Advices from Europe report that the market was ad- versely affected by reports from America that the reason for the falling off in the movement was due to the recent bad weather, which prevented the ready mar- keting of the crop. As a result of these disappointing advices the market today was the dullest for many years, and closed without’ chang’. The feeling of the trade ccntinues quite bearish for reasons pre- vicusly mentioned, namely, the lack of speculation and the largé crop. The total movement for the week is now estimated at 170,000 bales. Grain and Cotton Cotton and Hi 1421 Markets. markets reported by W. B. representing Hubbara, Price & rain Low. Close. S8ie 5% Baltimore Markets. BALTIMORE, Janua Flour firm, unchanged receipts, ba shipments, 20,70 bar- m—spot amd Wheat by sam- Corn’ firm— ry, 4844 bid; —receipts, 3 sales, 4,000 southern white ‘corn, 48a49; do. ¥ Oats tirm—No. 2 white western, 383814 2 mixed, 35% asked—stock, 1 Rye inactive-No. 2, 51—receipts, 1) bus! tock, 48,203 bushels. Hay quiet—good to choice ‘timothy, '$13.00a$13.50. “Grain freights quiet, small demand, unchanged. Sugar quiet, un- changed. Butter and eggs steady, unchaaged. Cheese firm, unchanged. asked bushels. Range of the Thermometer. The following were the readings of the thermometer at the weather bureau toda: 8 a.m., 28; 2 p.m., 47; maximum, 47; mini- mum, 27. FINANCE AND TRADE Fractional Gains Reported in Prices of Stocks. THE COAL STOCKS WERE THE FEATURE Grangers Are Dull, but Generally Steady. GENERAL MARKET REPORiJ ee Special Dispatch to The Evening Star. NEW YORK, January 12.—The continua- uon of purchases against short sales gave a decidedly firm tone to today’s stock market, and resulted in fractional gains over last night’s closing. The high-priced coal stocks were the features of the reg- ular list, Lackawanna gaining 4 1-4 per cent on a fair volume of business, and Delaware and Hudson adding 1 1-4 per cent to yesterday’s advarce on the shorts. Jersey Central was marked up 2 per cent in spite of the strong belief in lower prices, which prevails among certain well-inform- ed operators. The declaration of Hudson’s dividend for the full year is practically the only important development in the group of stocks during the week, the improve- ment in trade conditions not being suffi- ciently marked to warrant any material advance in stock values. The Grangers were all dull, but generally steady at prices slightly in advance of first figures. Believers in higher prices for this class of stocks are confident of the of a pooling bill of some sort, which will not depart materially from the one now under consideration. Usually reliable Washington advices are anything but san- guine on the prospects of such legislative action. Railroad earnings have not been encouraging during the week, but stock movements, based on the publication of these reports, are daily becoming more re- stricted as a speculative influence. The trading element, while perhaps a trifle less pessimistic than at the berin- ning of the week, is still without deiinite purpose for the fcture. Chicago Gas was again the feature of the industrial list, declining 1 5-8 per cent on early selling by Chicago houses, the bulk of which was credited to profit-taking cn the week's advance. Monday’s meeting prom- ises to be perfectiy harmonious, and con- ducted in the best interests of the com- pany and the individual shareholders. The agvance has by no means culminated in the opinicn of competent judges, the al- most complete recovery in price toward tne close being regarded as corroborative of this view. Sugar sold up 5-8 per cent on early trad- ing, but worked back to initial figures at the close of the day’s business. A decision” in the company’s favor is expected in the anti-trust proceedings and the circular is- sued and mailed to stockholders today showing the earnings for last year are both relied upon to prompt activity and improve- ment in the stock. The treatment of General Electric by the Supreme Court in its decision, expected to be handed down on Monday next, is likely to prove most undesirable as a market in- fluence. The foundation for the recent ad- vance in this stock is now regarded as too artificial to withstand the effect of a de- cision such as now seems probable. The bank statement shows that the banks have gained legal tenders and lost specie for the first time in many weeks. The large increase in legals is largely at- tributable to the week’s currency move- ment from interior points. The decrease in specie is small, which makes the net gain in lawful money a trifle over $6,500,000. The decrease in loans is due to the closing up of the government loan and the pay- ments of money borrowed over the first of the year. The increase in reserve brings that then up to $41,792,000. The statement follows: Reserve increased $5,930,150, loans decreased $3, 40, specie decreased $354,- 300, legals increased $6,923,200, deposits in- creased $2,555,000 and circulation increased $21,400, ————___ FINANCIAL AND COMMERCIAL. The following are the opening, the high- est and the lowest and the closing prices ef the New York stock market today, as re- ported by Corson & Macartney, members New York stock exchange. Correspondents Messrs. Moore & Schley, No. 80 Broadway: Stocks: Open. High. Low. Close. American Sugar........ 9 American Sugar Pfa. American Tobacco. American Cotton 0} Atchison. Canada : Canada Pacitic. Chesapeake and c.. C.. C. and St. L. Chicago, B. and Q Chic.and Northwestern. RL and Pacific. Del., Lack. and W Delaware and Hudson’ Den. and R. Grande Pfd Dis.and Cattle Feeding. eneral Fl isville and Nashville Long Island Traction... Metropolitan Traction Manhattan Elevated. Michigan Central Missouri Pacific. National Lead Co. U.S. Cordage Co. jew Jersey Central ‘ork Central N. Y., C. and St. Louis. Northern Pacific. Northern Pacitic North American. Ont. and Western. Pacific Mail. . Phila. and Re: Pullman Pal. Car Co. Southern Railway. Phila. Traction. Texas Pacific. ‘Tenn. Coal and Iron. Union Pacific Wabash... Wabash Pid. Wheeling and L. Erie.. Wheeling and L. E. Pid. Western Union Tel. ...2 Wisconsin Central. Satfonal and ‘Trust, 8. 4s, registered, 113 bid, coupon, 113 bid. U.S. Ss, ‘olumbia Tonds.—20-year fund 5s, 107 ar fund 6s, gold, 110% bid. Water stock x, 115 bid. Water Stock 7s, 1:03, » funding, currency, 134% Bonds.—Washington and George- Ast, 130 bid. | Washington 6s, 24, id. = 68,99 bi |. Eckington, road Gs, 1 is, series: ingion ington = 5 bid, nd Trust 5s, F. curity and Trust 5s, A. and O., and Totomaec American bid. Ame: 100 bid. Washington Market Company Ist 6s, 103 bid. Market Company imp. 68, 108 bid. Company ext. 6s, 106 bid. ion 5s, 103% bid. Wash- ington Light Infantry Ist 6, 100 bid.” Washington Light Infantry 2d 7s, 99% bid. National Bank Stocks.—Tank of Washington, 200 Bank of the Republic, 250° Md, politan, 284 bid, 300 Farmers and Mechani sked. Second, 134 bid, 142 asked. 80 bid. Columbia, 13 2hid, 142 asked. 115 bid. West End, 109 bid, 112 asked. Citizens’, Capital, ‘Traders’ 102% bid. Lincoln,’ 98 bid, 103 asked. Ohio, 76% bid. fe Deposit and Trust Deposit and ‘Trust, 124 bi pan and Trust, 119 politan, \ . _Eckington, 30 pid. s Electric Light Stocks.--Washington Gaa, 48", bid, 49 asked. Goorgetown Gas, 50 bid. U. 8. EI rie Light, 127% bid, 128 asked. Insurane ocks. 39 bid, 45 asked. Franklin, 4 70 bid, 80 asked. en Metropolitan, : oT Potomac, 70 bid.” Arlingto bid. “G: American, 160 bid. — National Union, 18 bid, 16 asked. Sane wid. 15 asked. zEs. pid. cople’s, id, asked. Lincoln, bid. Commercial, 4% via Title Insurance Stocks.—Real Estate Title, 108 bid, 116 asked. Columbia Title, 7 bid, 8 asked. Waehington Title, 8 asked. District Title, 15 asked. ‘Telephone Stocks.—-Chesapeake and Potomac, 50 bid. Ameri-an Ve eye 9 4% bid, vA Pneumatic Gun Carriage, .25 bid, 35 ask Miscellaneous eeeryca Ss Merket, 15 bid. Great Falls Ice, 135 bid, 145 asked. Norfolk and Washington Steambeat, 90 bid. Lincoln Hall, ge Pea Linotype, 185 bid, 150 asked. ve