Evening Star Newspaper, January 24, 1895, Page 1

THE EVENING STAR. —_—_—_-__—. PUBLISHED DAILY EXCEPT SUNDAY AT THE STAR BUILDINGS, 1201 Pennsylvania Avente, Cor. 11th Street, by The Evening Star Newspaper Company, Ss. H. EKAUFEMANN, Pres't. Kew York Office, 49 Potter Building, ‘The Evening Star fs served to subscribers In the eity by carriera, on their own account, at 10 cents per week, or 44 cents per month. Goplex at the counter 2 cents each. By mail—anywhere in the United States or Canada—postage prepaid—50 «ents + mouth. Saturday Quintuple Sheet Star, $1 per year, with el age adiled, $3. zo 00. (Entered at the Post Office at Washington, D. C., as second-class mail matter. EF All mail sabscriptions must be paid in advance. Rates of vivertising made known on application. ————————_Z No. 13,070. — Che Zvening Star. WASHINGTON, D.C., THURSDAY, JANUARY 24, 1895-TWELVE PAGES. TWO OENTS. The proof of te pudding is fn the eating. Yesterday's Star contained 38 cofumns of advertisements, mare up of 596 separafe announces ments. Bese advertisers fous$t pubficifp—nof merefp Space. LIKELY TO SUCCEED Senator Gray’s Bill to Buy the Old Blaine Property. WILL STOP THE THEATER BUILDING A Former Effort to Obtain the Ground Was Made. ITS APPROXIMATE VALUE ‘The general opinion at the Capitol seems to be that the effort of Senator Gray to stop the construction of the new Lafayette Square Theater by providing for the pur- chase of the property by the government fs more than likely to succeed. There are indications that the amendment introduced by him day before yesterday for that pur- pose was drawn after consultation with the appropriations committee, and if that be true, it would seem as though the plan had been semi-officially discussed. The House is now debating the sundry civil bill, to which this has been offered as an amend- ment, and action by the Senate is not ex- pected for some time yet. Meanwhile the pros and cons of the suggestion are being widely discussed, and the drift of opinion | is that this scheme will eventually succeed. Of course, if the amepdment should be enocted into a law it will at once estop the construction of a theater by virtue of the exercise of the right of eminent domain by the government. Such a law would be mancaiory on the Secretary of the Treas- ury to secure the title to the property, irre- spective of any other consideration. ‘The goverrment would deal directly with Mrs. Hiaine as che owner of the property and the only person who could pass the title to the United States. It is more than probable that condemnation procecd- ings would have to be resorted to, as the existence of the lease for ninaty-nine year given by Mrs. Blaine to the Chicago firrs, might so embarrass the situation that ft svould be difficult to reach an agreement 4s to price. The Lease Not Considered. This lease will net be a consideration as far as the government is concerned in the least. It is a matrer solely between Mrs. Blaine and the lessees, and would, of course, cut an important figure in their subsequent relations. The government has absolutely nothing to do with the clouds upon the titles of tha property which it takes by condemnation, and that is the object, largely, cf the laws under which such proceedings are now had. The pro- cess is for the government to take the vroperty at @ fair valuation, to be fixed upon by a commission appointed by the court. Should there be no dispute as to prior ewnershtp and no question as to title, the merey is usually paid directly to former holder of the title. In case of a clouded title, or a dispute as to terms be- tween joint owners, and so for@h, the meney is paid by the commissioners into the court, and there held until its division shall be determined by process of sult and judgment. This course of proceedings is absolutety necessary, otherwise the government would seldom, if ever, be able to exercise its right of eminent domain. It would be easy for this right to be nullified by collusive suits for title or by leases given for the real perpose of blocking the condemnation. ‘The exact status of the lease holder in the pres- ent case is a matter of adjudication in court, probably on a suit brought by the lessees against the lessor, Mrs. Blaine, to recover damages for violation of contract. In the event of the condemnation, the lessees would probably set up in such a suit the plea of damages resulting from less of time, money expended for the pre- paration of plans, for the destruction of the old building and for the general post- ponement of the completion of the enter- prise, representing perhaps a loss of profits. All of these would be matters of nice ad- jestment with which the government would | have no concern. The mere passage of the law cogtem- plated by Senator Gray would probably be the signal for a discontinuation of the work on the theater site. Such an event, however, is not eminent for several weeks. What Senator Gray Says. Senator Gray in further discussing his amendment with a Star reporter, said to- day: “I have not meant to reflect upon the character or the stability of the new theater building, when I aliuded to it as flimsy and inflammable. I merely meant to convey the idea of the inappropriate- ness at that point of a theater structure, which, in the nature of things, is more in- flammable and less solidly constructed than an office buildirg. The theater will prob- ably prove to be all that the architect claims for it. It is apparently planned to be a very valuable building. That is all the stronger argument for the government to purchase the property now, before the building is completed and before its value has been greatly increased. This is by no means a new proposition. It has been made before in the Sente and just such an amendment was once offered to a pending appropriation bill.’ Former Proposition to Buy. A close search of the records of the Sen- ate fails to show that any definite action was ever taken by that body on such a proposition, although the Congressional Record of February 23, 1898, contains an interesting paragraph verifying Senator Gray's recollection in this matter. On that day, the sundry civil bill being under dis- cussion, and the proposition to acquire ad- ditional ground adjoining the Malthy House being under debate, Senator Vest sai “Ten years ago, at my instance, the com- mittee proposed to purchase what is now known as the laine mansion, which would have given us the whole of that square, back to an alley adjoining the property of Senator Cameron. It was offered to the government, I think, for $35,000, but there was nobedy who seemed to be disposed to second the endeavor, and afterward Mr. Biaine bought the property, and there he died. If we had bought that property and utilized it for a Supreme Court building and a law library it would have been ex- actly what an ordinary business man would have done in regard to his own afta understood that for the purpose of ng the lease, under which the present ations are now proceeding, the property was valued at $100,000, and that is the sum which fs now generally in the minds of the Senators who are considering this amend- ment, although the amendment itself car- ries only an appropriation in blank. Considering the economic spirit of the House, there is some doubt expressed whether the appropriation necessary for this purchase can be got through that body. Mr. Saville Removed as Clerk to the Steamboat Inspectors. The predicted change in the office of ¢elerk to the board of steamboat inspectors at Baltimore occurred yesterday, when, through the efforts of Senator Gorman, W. A. Saville was removed as clerk to the board and William Linn was appointed to the vacancy thus ereated. The new clerk fs a resident of Howard county, and rep- Tesented ft In the Maryland house of dele- Gates from 188% to 1890. He Is recognized @s a Gorman man. the | -authorizing the expenditure of $300 THE HAWAIIAN MAIL It Reached Here This Morning and Con- firm the Revolutionary Story. Minister Thurston Says He Has No Additional Particulgrs—No Farther ‘Trouble Apprehended. ‘The Hawaiian mail brought to San Fran- cisco by the steamer Alameda reached bere this morning. It confirms the story already fully told by telegraph from San Francisco of the ignominious failure of the Wilcox and Nowlein revolutionary move- nent against the republic, and adds no impertant details. Minister Willis’ dis- patches to the State Department on that subject will be transmitted to Congress in a few days, but it is understood that they constitute merely an elaborationgf his tele- gram to the department, already made public, which said among other things that President Dole was gratified that no war ship was in the harbor at the time of the trouble. Minister Thurston Has No News. Mr. Thurston, the Hawaiian minister, in- formed a Star reporter today that there was absolutely nothing new in his mail from Honolulu. It consisted principally of Hawaiian newspapers, containing accounts ef the royalistic revolution, and threw no additional light on the situation. As a fact, he said, The Star has already pub- lished a better and more connected ac- count of tne happenings in Hawaii than appears In the papers from home, which had been undoubtedly freely utilized by the press agents at San Francisco on their receipt there a week ago. *He had a short dispatch from his government, but it was unimportant. The authorities were evi- dently occupied in more important mat- ters than in sending him long accounts of events with which they knew" he would be made acquainted in other ways. When Mere May Ne Expected. Mr. Thurston said that in the ordinary course of events nothing more will be heard from Hawali until February 11, which is the date of the arrival at San Francisco of the next regular steamer from Honolulu, The outgoing steamer Monowai left Honolulu on the 17th instant, and is due at Auckland on the 29th instant, and if anything of special importance had oc- curred on the islaads prior to her depar- ture it is possible that news of it may first come from there. There is also a chance of the arrival of a sailing vessel from Ha- weli. This is the sugar season, and ft is possible that vessels are now en route to the Pacific coast. It will take a sailing ves- se! from fifteen to eighteen days to make the trip against the prevailing trade winds. No Further Trouble Apprehended. Mr. Thurston was of opinion that the mail steamer due at San Francisco Febru- ary 11, will bring the first news of occur- rences on the islands since the departure of the Alameda. He expressed his convic- tion that the revolutionary efforts of the menarchists heve been completely stifted, and that there Is no further trouble to be apprekended from that source. In. the event of the escape of many of the revolu- tionists it is not improbable that a bush- whacking campaign may have continued for several days. ee eS ARCHITECT CLARK. Resolution Adopted to Investigate His Office. A resolution wa3 reported to the Houso today by the committee on ventilation and acoustics authorizing that committee and a subcommittee from the public buildings and grounds committee to conduct an in- vestigation of the office of the architect of the Capitol. The resolution was agreed to without debate. Another resolution was then reported per month to run the ventilating apparatus at night. This was agreed to also. ‘The investigation of the architect's of- fice is undertaken, ostensibly, in the inter- est of better ventilation of the hall of the Howse. It is said that there is a side issue, however, in a fight which Mr. Walker is making en Architect Clark. It is claimed that Mr. Walker wants Mr. Clark's scalp, having ome offended at him during the course of recent investigations into the ventilation of the House. Mr. Clark has been architect of the Capitol for a quart of a century, and it is said that Mr. Wal er's positi and unceremonious manner led to friction between the two while the investigation was in progress. It is also said that Mr. Durborow, an- other member of the committee, has a Chi- cago man who wants to be architect, and that censequently he would not stand in the way of Mr. Clark's removal. All of these matters are talked about among the members, and, while they concur in all ef- forts to improve the ventilation of the House, it is hinted that a careful eye will be kept upon those persons who may be suspected of having personal designs upon the architect or his position. ooo Eo CULLECTOR MANOGUE’S CASE. It Will Be Laid Before the President. The case of Collector Manogue of the Georgetown district has assumed a serious aspect. Secretary Carlisle has declined to act In the matter. He read the report of the investigating committee today and con- cluded that the disclosures justified its sub- mission to the President for whatever ac- tion he may deem advisable. This action is regarded as significant on the theory that if Mr. Manogue’s administration of the of- fice had been vindicated there would be no occasion for action on the part of the Pres- ident. On the other hand, it is said that the office being presidential, it was only natural that a report on its condition should be submitted to the President. As stated in yesterdey’s Star, the com- mittee found that Mr. Manogue was lax and careless in his business methods, but that the government had sustained no financial loss thereby. There seems to be an impression that Mr. Manogue will be relieved, and several applicants for his place presented thelr clauns at the Treas- ury Department today. <<. No Chief Clerk Yet Appointed: Up to noon today the successor to Mr. Josephus Danicls as chief clerk of the De- partment of the Interior had not been of- ficially announced. Col. Emmett Womack. who is understood to be the lucky man, has been receiving congratulations on all sides, but as yet he does not concede his own selection. Mr. Daniels, the retiring chief clerk, left last night for his home, at Raleigh, N. C., to assume direct charge of the Daily News and Observer. —_—_—_+ e+___ The Diplomatic Dinner. Great preparations are being made for the state dinner fr honor of the members of the diplomatic corps at the White House tonight. An unusually lavish display of the national colors will be a feature of the decorations. + + ______ Called on the President. Among the callers at the White House today was a swarthy individual clad in a rather unseasonable-looking garb of white, topped with a bright purple turban. He ts Virchand R. Gandhi, a distinguished travel- er from Bombay, who called, in company with Mrs. Charles Howard of Chicago, to pay his respects to the President. ALEXANDER Attorney General Asked to Bring a Boundary Suit. TO DECIDE QUESTION OF OWNERSHIP Mr. Thomas Thinks the Island is Part of the District. THE CORRESPONDENCE eS SSE The Commissioners are strongly of the opinion that Alexander Island, or, as it is mcre commonly known, “Jackson City,” is a part of the District of Columbia, and with this in view today wrote a letter to the Attorney General of the United States re- questing that the matter be judicially de- termined. This matter was called to the attention of the Commissioners some time ago, and they determined to investigate it. The lawlessness that has run without restraint for years made it important to the Com- missioners that some definite action be taken at once. The police, too, were seri- ously handicapped by the existence of this plague spot in sight of the Capitol, and Major Moore strongly urged that some- thing be done. Then it was suggested that Alexander Island belonged to the District of Columbia, and a number of persons in- terested in ‘breaking up the place came forward with evidence to prove that the island was originally one that belonged to Maryland, and had never been connected with the mainland of Virginia. It is true that Roache’s run winds its sluggish course on the south of the island and connects through a series of marshes that feel the rise and fall of the tide with what is commonly known as Gravelly creek, wbich finally empties into the river in the neighborhood of a point opposite the President's House on the Virginia side. Mr. Thomas’ Opinion. With such evidence to go on the Com- missioners did not hesitate to call upon the attorney for the District, Mr. S.T. Thomas, and request him to furnish them with a legal opinion on the subject, together with recommendations as to the prcper course to be pursued. This he did today in the following opinion: “At your request I have drafted and submit to you herewith a letter to be ad- dressed to the Attorney General, request- ing him to institute proceedings to obtain possession, jurisdiction and sovereignty for the District of Columbia over a tract of land at the south end of Long bridge known as ‘Alexander Island.’ ‘The District not being a state possessed of sovereign power, it will be necessary for the United States to bring a suit in equity against the state of Virginia to de- termine the boundary between the Dis- trict and that state. Under section 2 of article 8 of the Constitution, in reference to the judicial power of the United States, the Sepreme Court has original jurisdic- tion in such a case. As between .the states suits to determine boundaries are familiar, and the reports of the Supreme Court fur- nish many examples. Upon looking into the matter I find that Congress by act ap- preved February 27, 1801 (2 Stat., 103), de- clared “That the District of Columbia shall be formed into two counties; one county shall contain all that part of sald District which lies on the east side of the Kiver Potcmac, together with the islands there- in, and shall be called the ccunty of Wash- ington; the other shall contain all that part of said District which lies on the west side of said river, and shall be called the Cevnty of Alexandria.” By act of July 9, IS46 (9° Stat., 35), Congress receded to the state of Virginia “All that portion of the District of Columbia ceded to the United States by the state of Virginia.” ‘Ihe boundary between MaryYand and Virginia has been det2rmined to be low-water mark on the Virginia shore. “If, as claimed, the oid maps, documen- tary evidence, &c., prior to 1801, show that there was a channel between Alexander Island and the state of Virginia, in which the tide ebbed and flowed, nm I think Alexander Island must be considered to have been one of the Islands of the Poto- mac prior to the retrocession of Alexandria county in 1846, and hence now a part of the District of Columbia. I notice by the newspapers that counsel for a prisoner ecnfined in jail at Alexandria for an al- leged homicide at ‘Jackson City,’ on Alex- ander Island, proposes to contest the juris- diction of the Virginia courts, to try his client on the ground of want of jurisdic- tion at the offense, the point being that the offense, if any, took place in the District of Columbia, and not in Alexandria county, Virginia, but I doubt whether the courts would in collateral proceeding decide a question of boundary. My opinion is that the matter in question should be deter- mined by a direct suit by the United States against the state of Virginia.” The Letter Sent. When the board met this morning the Commissioners agreed upon the following letter, which they sent to Attorney General Olney: “The question whether the tract of land at the south end of Long bridge, across the Potomac river, commonly called “‘Alex- ander Island,’ is a portion of the District of Columbia has been brought to our at- tention. It is contended that at the timo of the cession by the states of Maryland and Virginia to the United States of the territory originally composing the District ‘Alexander Island’ was one of the islands of the Potomac river and part of the terri- tory ceded by Maryland; that the tide then and ever since has ebved and flowed in a channel between sald island and the main- land of the Virginia shore. In the retro- cession by Congress in 1846 (9 Stat. 35) there was returned to Virginia only its ter- ritory ceded by its act of December 3, 1789. It is important to this community, not only as a matter of police, but otherwise, to have this question definitely determined, so that if “Alexander Island’ {s rightfully within its jurisdiction the laws and regu- lations of the District pf Columbia may be enforced therein. The Commissioners have therefore to request that you will, by appropriate proceedings, have this question judicially determined. ——__. NAVAL APPROPRIATIONS. A Hard Fight on the Bi Anticipated. A hard fight ts anticipated in the House when the naval appropriation bill, which has been reported from the committee, is taken up for consideration. This bill is not under the jurisdiction of the appropria- tions committee, who have been making a desperate effort to keep down expendi- tures, with but moderate success, and the provision for three battle ships and twelve torpedo boats has excited a feeling of horror in the economists. With the reve- nues of the government so low, and the appropriations, in spite of all efforts of economy, still holding up well to high- water mark, new provisions for expendi- tures are regarded as a serious menace to the treasury. Representative Sayers, therefore, and some other members of the appropriations committee intend to make a determined and very savage assault upon the naval bill with the view of striking out all pro- visions for the new ships. It is doubtful, however, whether the econcmists will be any more successful in this than they were in their fight against the public build- ing bills put through this week. in the House Large Salaries Said to Have Been Paid to Tts Expette. —_+- The Chairman Was Doing Double Duty—Safeguards as to Accounts That Have Been Abolished. The Houre of Representatives, with prac- tical unazimity, and with at least the as- sent of Chairmam Dockery of the reorgan- iration committee, has passed a resolution calling upon the Seeretary of the Treasury for a statement of the expenditures of the Deckery commissiom. There has been much ecrtroversy over thfs matter, and the ques- tion of the sums paid to the experts has entered into political controversy. It is re- called that, during the recent congressional campaign, information on the subject was 1efused at the Treasury Department. That information will now, undoubtedly, soon be furnished to the House. There has been mvch curious gossip in the Treasury De- partment as to the ‘experts who were em- plcyed, and the sunis that hav2 been paid to them. The democratic campaign book, while it devoted a chapter to the work of the Dockery commission, withheld the names of the experts, who are supposed to have originated the reorganization plan. Big Salary Yor the Chairman. The extraordinary story has been circu- lated that the gentleman who is supposed to have been the chairman of the experts, Rheinhardt, recelved or was to receive $25,000 annually. His usefulness is under- stood to have been somewhat interfered with from the fact that he was indicted some months ago in Chicago, at the in- stance of the interstate commerce commis- sion, on the charge-that he had illegally given rebates to certain shipperse He was at that time, and during the time also that he was engaged in réorganizing the Treas- ury Department, an important official of the Atchison and Santa Fe railway, and he is understood to have teen drawing a large salury from this railway at the same time that he was engaged as an expert in reorganizing the busiress of the depart- ment, with which he previously had had practically no acquaintance. The Santa Fe Company, for reasons that were regarded as satisfactory, dispensed with the services of Mr. Rheinhardt. It is not known whether. or not he is still e! gaged in the service of the Dockery com- mission. The other experts are, or were, Cc. W. Haskins, an ascountant of New York, also formerly connected with the Santa Fe 10ad, and B. W. Sells, a book- keeper or financial auting clerk, em- ployed by the Colo and Midland rail- way. The gossip is that they have re- ceived nine and six thousand dollars, re- spectively. Considerable ‘Sums are said also to have been pald for traveling ex- penses. - Safeguardé Abolished. ‘Those Congressmen who have approved this reorganization plah hope that the ‘freasury Department will fare better un- der it than the Atchison @nd Santa Fe road did under its president, Rheinhardt, who devized thé treasury reorganization plan. But persons skilled -in tae practical opera- tions of the Treasury Department say that this plan, which has abolished the safe- guards, which Alexander Hamilton placed about the government gccounting, is“gan- gerous, apd that. therg .fs it ee danger of great frauds, #hich, It is would have been tmpodggible under the old system. Judge Lawrence of Onfd, whe was formerly first controller; has prepared an elaborate paper, In which he takes this po- sition. It is known thag,some of the treas- ury accountants are gf opinion that the new plan ds not operatirg to the benelit of the government. It is gald that this com- mission is about to ex#end its operations to the Interior Department. There is rea- zon to believe that this commission will need to give effect to;the changes which it has in contemplation under whatever appropriations can be,secured from the year, bills for the coming fi MAY BE Gossip About Probable Orders to Ves- sels on the Paéiic Station. The departure of th@ flagship Philadel- pkia to Honolulu will gXortly. be followed by a general movement/of the other ves- sels of the Pacific st@tion,“which have been lying idle fors many weeks in the placid waters of San Francisco bay. Now that it has bee finaly decided to send these vessels off on a cruise where they may be of some igervice to the gov- ernment, it is mentiongd as probable that one of them may be dispatched to the long- neglected sland of Samiea, in order that the United States may live up to i ; treaty agreement with Grea} Britain and Ger- many for the joint protection of the exist- ing government. The President has recom- mended that the United States withdraw from that agreement, -but Congress docs not seem to ho inclined, to take such ac- tion. ‘There are four vessels available for this assignment, any onc of which can start on short notice. These are the Benning- ton, Alert, Ranger, and Mohican. The chances seem to favor-the selection of the Alert for the Samoan detail. Either the Bennington or the Ranger, and perhaps both, will be sent to the west coast of Cen- tral America, for possible service in the protection of American interests in that quarter, in the event of hostilities between Mexico and Guatemala over the boundary question. In evident anticipation of trou- ble the British. cruisers Royal, Arthur, Champion, Satellite and Nymph are ren- dezvoused at Acapulco, Mexico, within easy steaming distance of the territory in dispute. Although there is no probability that the British vessels will interfere to the extent of violating the principles of the Monroe doctriné, it-1s said to be deem- ed expedient that the United States should be fully prepared. to aasert its rights in that regard. ‘ Maneuvers in the Pacific. It is said at the N&vy Department this afternoon that Admigal Beardslee, com- manding the Pacifie station, is going to du- plicate, in miniature, owing to his small resources, the naval maneuvers which Ad- miral Meade will conduct in the West Indies next month with the North Atlantic squadron. He recently potified the Navy Department that he would exercise with two vessels, the Ranger and Alert, which will leave Mare Ysland for the southern California coast in a'day or two. Under the original plan, they were to have gun practice in the vicinity of San Diego. Ad- miral Beardslee’s unexpected departure for Honolulu and the threatened trouble be- tween Mexico and Guatemala may cause an abandonment of the program of exer- cises. °-__—_—__—_ Combustibles in Warships. Following the warning: conveyed by the Yalu fight, the ordnance bureau of the navy has been making some interesting ex- periments at Indian Head to determine the effect on combustible ‘ttings and fabrics of different kirds of explosive shells. Two four-inch shells of the United States Pro- jectile Company were exploded in a cham- ber ten feet square covered with two-inch plates, and containing cotton sheeting. One shell, loaded with: gunpowder, wrecked the chamber, setting fire to the sheeting; the second shell, loaded with gun cotton and a three-ounce detonator;,did not wreck the chamber so much, alffough it was much more violent. The projectile broke up into small pieces, but not is much damage was done and the sheeting was not set on fire. The experiments will be continued with other explosives. Conferences on the Financial Question Have Failed of Effect. STALWART AND CONSERVATIVE VIEWS The Republicans Are Not United on a Plan. THE GERMAN VOTE In discussing the latest phase of the financial question with a representative of The Star today, a prominent democtatic Senator said: “The general feeling sesms to be that the time has come for something to be done, and for somebody else to do it. ‘This is true, from the President down.” This Senator might have excepted him- self from his observation. He has shown, and is still showing, #0 carnest a desire for action that it will uot be his fault if some- thing is not done. He has a plan, and will press it and vote for it if there is the faint- est hope of accomplishing anything. Or he will as actively assist in pressing some- body else’s plan if it in any fair measure meets the case and success seems to le in that direction. But his description of the situation is accepted upon the whole as being most discouragingly accurate. Conferences That Amount to Nothing. Congress wants to hear further from the President, and the President is very im- patient to hear from Congress. There are conferences and conferences, all resulting In nothing. When Senators and Repre- sentatives visit the White House the Presi- dent informs them that, having called the attention of Congress to the necessities of the case, his duty is done. His views, he further says, are well known. He does not feel called upon to further emphasize or explain them. ‘he currency must not be permitted to descend and rest upon a silver basis. While all of this 1s clear enough, it does not help Senators and Representatives out of their difticulty. They return to the Capitol as much at as ever, and while bills increase, the solution appears to linger. The fencing between the democrats and the republicans is on regular partisan lines. It seems to be impossible to conduct it otherwise. The talk of coming to the as- sistance of the public credit and the com- mon treasury is difficult to capitalize. The very moment details are taken up and reasons are demanded the two sides part company. The protectionists declare that the low tariff men are responsible for the situation and the low tariff men make vig- orous denial. There would be no trouble at all if the tariff had not been tinkered with, say the republicans. It is all the in- evitabie resuit of taking hold after a long period of vicious republican legislation, say the democrats. Then the conference closes, and a period of gloom follows, during which both sides assert that nothing can ‘be done, and an extra session of the Fifty- fourth Congress is pronounced to be in- evitable. The Stalwarts’ Position. The republicans undoubtedly hold the ‘key to the ‘situation. But they are divided. ‘They ‘aye -boing classed now as the stal- warts and the consefvatives. The stal- warts hold that inasmuch as the quéstion ‘ts one of revenue, it can only be dealt with on revenue lines. Hence, they propose an increase in the revenue at once. They are not wedded to any particular line of new duties, although an increased tax on beer is popular. They assert that the democrats are trying to beg off, and that nothing ‘woulé@ play more acceptably or beneficially into their hands than the adoption of some temporary device about bonds or other form of treasury obligation. The stalwarts are opposed to all confessed makeshifts. They insist that any action taken should be with the view of making permanent pro- vision for the support of the government, and thus flx upon the democracy the seal of incapacity and failure in the carrying out of its tariff program. What the Conservatives Will Do. The conservative republicans are willing to help tide over existing difficulties and to postpone final action until next December. ‘They take no issue with the stalwarts on the question of what the real trouble is. They, too, assert that more revenue is nec- essary, and they expect in time to be called upon to vote more duties of some kind. But they don’t want to hurry about it. They suggest that it would be wise to give the new tariff law a little longer trial and sce just what its full deficiency may be. They do not believe that any time or any trial will justify it, but that its unwise and immature features will call for elimination by the next Congress. Meanwhile they are willing to help provide the government with short-time bonds, or exchequer bills, or whatever may be necessary as a stop gap to prevent the public credit from running down. Proposed Increase of the Beer Tax. There is another point just coming to light which is making the republicans a lit- tle uneasy. The eastern leaders suggest the tax’ of another dollar a barrel on beer. The excise laws in the east are strict, the brewers are rich, and frequent agitation of the temperance question has made the peo- ple familiar with the proposition that the liquor traffic should bear a very heavy part of the public burden. An eastern re- publican leader, therefore, would take little risk- at home in voting for an increased beer tax. It is sgid, however, that the western republicans are not so easy on that score. The western brewers are not so rich, nor are the great majority of the beer consumers of that section friendly to, or even patient under, the agitation of stringent excise laws. Republican diftl- culties in Kansas, in Iowa and in other western states, in the past, have grown out of prohibition and the questions relating to it. The inquiry at once arises, therefore, as to how an additional beer tax would affect the western voters. The German Vote in the West. The German vote in all of the principal western cities is large, and in several of the impcrtant western states it is controlling. The republicans have always received the support of the great bulk of this vote. The party’s record on the money question bas had, it is conceded, much to do with this result. The Germans are in favor of sound money, and have never indorsed at the polls any inflation scheme. They likewise are protectionists and favor high rates in the custom schedules. And so the western republican leader is canvassing the prob- abilities of what the effect might be of making an instant retreat on beer at this time, rather than of distributing the ad- ditional duties required among customs articles. He wants to know before he votes on such a proposition, because the repudiation of such a course by the Ger- mans of the west, would, it is asserted, mean the retirement of many men now in favor in public life. The question 1s all the more interesting to the republicans for the reason that the democrats, when mak- ing up the tariff bill, out of pure fear of the effect on the German vote, declined to touch the beer tax. The few Germans they had they were afraid of offending. SS Pension Payments. The Secretary of the Interior has sent to the Secretary of the Treasury a requisition for $12,575,000 for the quarterly payment of pensions at the following pension agencies: Topeka, $36,000; Philadelphia, $J,825,000; New York, $1,650,000; Louisville, $1,000,000; Knoxville, $1,800,000; Indianapolis, $2,700,000. The Epidemic of Financial Bills That Broke Out in the Senste. The Latesi Scheme of Messrs. Springer and Cox—Proposed Bond Pro- vision as a Rider. The epidemic of financial bills which broke out in the Senate yesterday is not regarded as grave. The bills introduced represented merely the ideas of the gentle- men introducing them, and have no pros- pect of securimg a general following. The fact that Mr. Allison introduced a measure attracted some attention, some assuming that he was acting for the republicans. He makes no such claim, however, and merely submitted the bill as one plan which would give the relief necessary, and which should be considered. There is some talk now of the attempt be- ing made to put a provision either for bonds or interest-bearing notes for the temporary relief of the treasury on one of the appro- priation bills as a rider. The gentlemen who are urging this think that by that method something might be accomplished, and insist that there cannot be anything done otherwise. There is no assurance, however, that enough votes to adopt such an amendment could be secured, even if the proposition were of the most temporary and moderate character. It might rather endanger the bill than serve any good pur- pose. Still Another Scheme. The details of the amended financial plan which Messrs. Springer and Cox and two or three other members of the bank- ing committee are discussing with Secre- tary Carlisle were learned today. They had a long conference with the Secretary yesterday, and are of the opinion that the modifications to his plan meet his sanc- tion. The most radical of the new proposi- tions for which Mr. Cox stands sponsor is that for the coinage of silver. It contem- piates the cancellation of the Sherman notes when recetved at the treasury, and the issue of silver certificates in denomina- tions of $1, $2 and $5, or of silver dollars, if the receivers prefer. To back these silver certificates, it is proposed to coin all the bullion in the treasury, which, including $54,000,000 seigniorage, amounts to $181,- 000,900. It is calculated that not more than $40,000,000 can be coined in a year. The changes in the banking features of the plan provide that while the banks ‘shall hold the same reserve now required, one- half shall be in legal tender greenbacks or Skerman notes. Representative Cox ex- plains that this arrangement would re- lieve the treasury of the raids upon the gold made possible by the large volume of outstanding notes, since it would dispose of $200,000,000 of notes by using them to form the basis of banking, and $10,000,000 for reserves in banks. It is conceded that it might be necessary to empower the Sec- retary to issue low-rate bonds to protect the treasury against large withdrawals of gold. Gold Certificates. ‘The bill 4utroduced by Mr. Coomls to retire gold certificates recalls a.stutement made by Secretary Carlisle before the com- mittee on appropriations. In reply to ques- tions by Mr. Coomts at thd.recont hearing Secretary Carlisle said that if no gold cer- tificates were istued most of the geld rep- resented by them would, in his opinion, be in the treasury. “Jf the holders of gold voin could not put it in the treasury and use that institution substantially as a warehouse,” he said, “taking out the paper representative of it, the gold itself would come in and stay there. The banks and other institutions do not like to held gold coin, as it dves not circulate from hand tc hand among the people. The gold certfi- cate does, and that is the most convenient ferm in which they can put their gold for vireulation; we simply take care of the coin for them. The gold coin must be pre- ‘served and stored in some way, and as it is done at considerable risk people will not hold it, as they will certificates, for if the certificate is defaced or mutilaied they can get another.” When Mr. Dockery inquired if the re- peal of the law authorizing gold certiti- cates would not improve the condition of the treasury, the Secretary said that it would. He could not tell how far it would go toward relieving the situaticn, he con- tinued, because there was no way to re- cell the outstanding netes. The treasury was not issuing any more becarse the act authorizing them provided that their issue should cease when the gcld reserve was reduced to $10,000,000, In order to be on the safe side he had ceased their issue when the reserve touched $102,000,000, and only resumed it temporarily at the last issue of bonds. On taking charge of the treasury he had found $),000,000 in gold certificates, carried as part of the assets there, and had canceled them and liberated the gold behind them. Certificates were being canceled whenever brought in, and none were being issued to replace them. Few were being received, however, tor customs duties, and the Secretary was ccnvinced that they were being hoarded. a geen LORD CHURCHILL'S ORSEQUIES. Private Funeral Services Held This Morning. LONDON, January 24.—Winston Churchill, the eldest son of the late Lord Randolph Churchill, informed a representative of the Associated Press today that his father’s death was most peaceful and painless. During the morning a private rervice, for the family only, was held at the Churchill residence, on Grosvenor Square. The remains will be interred on Monday next, at Bladon Church, near Blenheim, where the two younger brothers of the de- ceased are buried. The mother of the late Lord Randolph Churchill, Frances Ann Emily, Duchess of Marlborough, wife of the seventh Duke of Marlborough, is seriously ill. ——————— WILL PAY IN FULL. Assignment of a Savings Bank at Northeast, Pa. ERIE, Pa., January 24.—The People’s Savings Institution of Northeast, a suburb cf Erie, has made an assignment to E. A. Davis, the cashier. The bank was incor- porated twenty-five years ago, and its pres- ident was Sampson Short and its treasurer Alfred Short. The deposits are about $193,- 000 and other liabilities make ‘a total of $559,000, The bank officers claim assets of half a million. The failure of the Ridge- way Bank a year ago, in which Alfred Short was a stockholder, caused a run on the Northeast bank, but it survived the shock. Sampson Short has announced that he will open a private tank on Monday. The assignee says that the People’s Savings Bank will pay 100 cents on the dollar. ——— Important Associated Press Accession CHICAGO, January 21—The Peoria, ML, Journal, one of the founders of the United Fress, und until yesterday its oldest and inost important western mem»er. has abandoned that organization ani joined ithe Associated Press. Service begins to- day. The Peoria, Ill., Herald, one of the two merning papers ir. llinois served by the United Press, has abandoned that organi- zation and joined the Associated Press. Service begins next Monday. Treasury Receipts. National bank notes received today for redempticn, $271,481. Government receipts— Frem internal revenue, $399,062; customs, $1,010,433; miscellaneous, $23,047. ISLAND|THE DOcKERY Commission] ACTION IS WANTED|NOT REGARDED As GRAVE/TQ GRANT MANDAMUS Brooklyn Heights Railway Company Must Run Its Cars. TIS RIGHTS AND DUTIES 10 THE PUBLIC How It Differs From a Private Business Concern. PROGRESS OF THE STRIKE BROOKLYN, N. Y., January 24.—Justice Gaynor of the supreme court handed down his decision om the application of Joseph Loader, fer a mandamus to compel the Brooklyn Heights raflroad to operate ‘ts cars in sufficient numbers to accommodate the traveling public on the Fulton street, Putnam avenue, Greere and Gates and the Tompkins avenue lines. He signifies his intention of granting a mandamus, the form to be decided on the argument of counsel In court tomorrow. Justice Gaynor’s decision is as follows: “It is my duty to declare the law of this case. This railroad corporation is not in the position of a mere private individual or company, carrying on business for pri- vate gain, which may suspend business temporarily or permanently at pleasure. On the contrary, it has a dual relation; a public relation to the people of the state and a private one to its stockholders. “It must not be forgotten here, though it may seem to be growing dim, if not whully forgotten elsewhere, that in its chief as- pect it is a public corporation, having du- ties to perform to the public which tran- scend any obligation which in its private aspect it owes to its stockholders. It has received franchises of great value from the state, and had conferred upon it the state’s transcendent power of eminent domain. in return it took upon itself the performance of public duties and fi in the per- formance of which it is in law and in fact not an independent individual or entity, but the accountable agent of the state. Though the principles are old and inherent in the idea of the sovereignty of the people it would seem that in the recent rapid growth of corporate power and of the ten- dency to use public franchises for the ag- grandizement of individuals first and for the services and benefit of the public sec- ond, they have come to be somewhat over- looked and need to be restated. They have often been declared by the highest courts of this state and the Supreme Court of the United States. Daty of the Company. “The duty of the Company is to carry pas- sengers through certain streets of Brook- lyn and to furnish, man -and run cars enough te fully accommodate the public. It may not lawfully cease to perform that duty for even one hour, The directors of a private business company may, actuated by private greed or motives of private gain, stop business and refuse to employ labor at all unless labor come down to their condi- tiens, however distressing, for such are the existing legal industrial and social condi- tions. How a Rallway Differs. “But the directors of railroad corporations may not“do the like. They are not merely accountable te stockholders, .ihey are ac- countable to the public first and to the stockholders second. They have duties to the public to perform and they must per- form them. If they cannot get lebor to perform such duties at what they offer to pay then they must pay more and as much as is necessary to get it. Likewise, if the conditions in respect of hours or otherwise which they impose, repel labor, they must adopt more lJenient or just conditions. “they. may net stop their cars for one hour, much less one week, or one year, thereby to beat or coerce the price of con- ditions of labor down to the price or con- ditions they offer. For them to do so would be a defiance of law and of govern- ment, which, becoming general, would inevitably, by the force of example, lead to general disquiet, to the disintegration of the social order, and even the downfall of government itself. Experience shows the wisdom of our fathers in retaining at least some control of corporations to whom are given public franchises for the per- formance of putlic duties. “The law of this case was too clearly stated by Mr. Justice Cullen to be misun- derstood in an application similar to this a few days ego. That learned judge held that the company had made no adequate answer to the case presented against It, and only withheld the granting of the writ to give the company more time to con- form to the law which he so clearly enun- ciated, probably in the reasonable scope that would suffice without a resort to the coercion power of the people of the stete lodged in the court. Freight Handlers’ Case. “In addition, however, I shall quote from a case decided, upen appeal, by the su- preme court in this state in 1883, afte> ma- ture deliberation, and which is an authori- ty which I am bound to follow, even though I were not of the same view, and which, 1 need scarcely say, the corporation now before this court is bound to acquiesce in, aud which, I doubt not, it will imme- diately acquiesce in for eaample’s sake, if for no other reason. That case arose out of the failure of the New York Central ard Iiudson River Railread Company to receive and forward freignt as a common carrier. The language of the court is as tollows: “According to the statements of the case, a body of laborers, acting in concert, fixed a price for their labor, and refused to work at a less price. The respondents (the railroad company) fixed a price for the same work, and refuse? to pay more. In doing this, neither did an act violative of any law, or subjecting either to any penalty. “The respondents had a lawful right to take their ground in respect to the price to be paid, and adhere to it, if they chose, ‘but if the corsequence of doing so were an inability to exercise their corporate franchises to the great injury of the pub- lic, they (the railroad company) cannot be heard to assert that such consequences must be shouldered and borne by an in- nccent public, who neither directly nor in- directly participated in their causes. “The court In that case allowed a writ of mandamus to compel the corporation to do its corporate duty. The Writ to Be Allowed. “That a private citizen has sufficient standing to make this application, which cculd unquestionably be made by the at- torney general of the state, has heretofore been decided by this court, and I must ac- cept it as law. And it being admitted that the company is not fully operating its lines or road I feel it my duty to allow the writ prayed for, either in its peremptory or alternative form, unless a sufficient answer s been made in law. “As I have said, the learned judge who heard the previous application decided that the answer then made was even insuflicient to raise a question of fact, and only refused the writ in order to give the company more time, with an admonition to it that it should not longer delay. The Qvestion of Violence. “I do not think the present answer of the company is sufficient to prevent a writ from being issued. The claim of violence amounting to a prevention is not legaily made out. Instances of violence generally by other than the former employes of the company are shown, but it is also shown