Evening Star Newspaper, January 24, 1895, Page 2

—— TAR, THURSDAY, JANUARY 24, 1895—-TWELVE PAGES. PS Baris! =e that mot only the police force of the city. but also over 7,000 soldiers, are preserving order, and I cannot believe that this com- pany is not protected in its rights, nor do I think any question of fact is fairly raised on that head. “Besides, the persistence of the company in failing to-run iteears, a3 it.may gradu- ally get employes to accept its terms, be- ing in itself unlawful, as I have shown, must necessarily, by its bad example, tend to public disquiet, if not to some disorder. Rights of the People. “In respect to the question of hours and of wages between the company-and its em- ployes, its duty was te have gone on, and now is to go on with its full complement of employes, having the right gradually and from day to day to supersede its em- ployes if it can by new employes who will work on its terms, or to supersede them all at once when it has obtained a sufficient number of hew employes for that purpose; but in such a controversy it has not the right to stop its cars*White tt is thus grad- ually getting ether men. If the people of the state were rubhifig ‘these roads they would not thus incommode and damage themselvegeand it must Not be forgotten that this Corporatien js intrusted with the running of these roads as the servant of the people of the state. Form of the Writ. “It therefore only remains for me to de- termine the form of the writ, whether it shall be peremptory or alternative. In one aspect of the case there seems to be an [LATE | denagiracy Cases Against Debs and issue of fact presented, and if such an Is- gue be presented the law does not permit me to decide it, and allow a peremptory writ, but requires me to allow an alterna- tive writ, which has the effect of reserving such issue of fact to be tried by a jury or by the court if so agreed upon. “At one place in its answer the company avers that a reason why its employes would not continne working fer it was ‘that it refused to run its cars as required by said employes in respect to the fre- quency with which cars should be run and the number of cars to be run.” The num- ber of cars or trains which a railroad shall run is left to the sound discretion of its directors, Subject to review by the courts upon an application for a writ of mandamus to make them run more if the public convenience require it. Its em- ployes may not assume.to determine the number of cars to be run. “If, however, this allegation in the an- swer refers to the controversy in respect of what are called trips, then it has no for that controversy is In its es- sence one in respect of hours and wages. | “{ concur im Waat Mr. Justice Cullen sad | in the other case m that respect, nam i not regard the allege attempt h as interfering with running or management of the road, to the cause I tmagine the company | allowed to run as many trippers chose, if it would only pay the men two In| no dollars a day for running the trips. that case I imagine there would be trouble. So that this is really a ques’ H of wag Each party has the right to obtain the best terms it can; and, as was | said im the freight handlers’ case, if the | company Cannot get men at a price that it thinks fair, it is bound to get them at a price it may deem exorbitant, because its | duty is to run its road.” i Such was the disposition of that point by | the learned justice. ‘The counsel for each side will be heard at 1 o'clock tomorrow as to which form of writ shall be issued. Leader, upon whose application the writ of mandamus is issued, is a merchant, who alleges that his business suffers by reason of the failure of the company to operate its lines. ~ _ KEARNEY’S INJURIES FATAL. Efforts to Run the Brooklyn Cars To- gy. BROOKLYN, January 24.—Thomas Kear- ney, the roofer who was shot on a house top by a militiaman in Hicks street yes- terday, died this morning. At Ridgewood the night was without in- cident. At 8 o'clock the doors of the car shed were thrown open and Major Abrams marched his command out into the posi- tions they have usually cccupied when preparatiens were complete for starting the cars. It is intended to open up the Bushwick and Green Point lines today, and stirring times are expected along Bushwick ave- ne, near the Cook street rope walks, and at the anarchistie Iccality, near Humboldt street and Meserole, on the line to Koose- ew York the Fulton avenue e start ‘ar out at o’cloc! ‘the Broadway line was ready to start as soon asthe wires cut during the night were re- paired. A number of linemen, escorted by detachments from troop A, were engaged at this as early as 7 o'clock, and at 83 cars were again rurning down to the east- arn district. ‘The Atlantic avenue system was badly crippled by the cutting of wires during the night. On 9th avenue the wire was puiled down for about a mile. At Halsey street the seventh regiment had a full formal guard mount, with field music, inspection, marching review and all that sort of thing. Discipline was not re- laxed, however. The Heights company has decided to do without a military escort for its Green Point cars when they are run today, hav- ing confidence that the people along the route will not molest the cars. ‘A car on the cross-town line, which de- longs to the Brooklyn City Heights Rail- road Company, made its initial trip this morning from the depot in Green Point and went as far as the city hall. As the Myrtle avenue line was being opened up this morning an old German woman was washing the front win- dows of her flat. The soldiers on duty saw her at work and called to her to go in. She did not understand or disregarded their commands and went on with her work. One of the men fired his musket in her direction. A nearby window was broken by the bullet. The old woman leaped into the room and closed the window. ‘The fifty-two eligible men on the fire de- partment civil service list who had been appointed special policemen deserted in a bedy. They complained of the food fur- nished them, as well as the method by which it was given them, and hecause there was no improvement at breakfast , time they resigned. By this they forfeit not only their standing on the eligible list, but the right to re-examination for another twelve months. Strike Leaders Despondent. At strike headquarters today it is the gereral opinion that the big strike has about run its course. The strike leaders seomed despordent. There will be a con- ference of leaders this afternoon. It is td that the meeting will discuss the pro- priety of calling off the strike. Says They're Imprisoned. Joseph P, Patton and John Chaplen have applied for a writ of habeas corpus, look- ing to the release of twenty-six motormen and conductors, alleged to be imprisoned in the Halsey street station. The writ was granted, returnable at 3 o'clock this after- oon. Patten and Chaplen say that they and the were bronght to Prooklyn under false pretenses, having been given to un- derstand that they were to work on subur- pan lines, — INTIMIDATED BY WOMEN. fhey Drew Pistols and Drove Away Conductor and Motorman. BROOKLYN, Y., January 24.—At 30th street and Sth avenue two women, about whom was a crowd of men, hafled a Sth avenue car today, and when It stopped they boarded It. They then drew pistols from ler their shawls and ordered the conductor ant motorman to stop work. ‘The men leaped from the car and left the invaders in possession. peers LESS THAN A HUNDRED. Two Small Bands of Rebels in Hawail. COLUMBUS, Ohio, January 24.—Rev.Rob- ert Hutchins of Honolulu, under date of January 11, wrote to his son in this city: Things will be pictured large in the pa- pers, but the situation Is simply this: Two bands of rebels are skulking In the moun- tains, one of not exceeding thirty men, the other of some forty men. The government has about 1,000 men un- der arms, and the fugitives are being hunt- ed down. Every day prisoners are taken and deserters from the rebels come in. Mr. Hutchins was doing a little guard duty, and said there was not the remotest ibility of the enemy being able to ap- sch the eity, except ag prisoners, de- Sor corpses. Others Begun. SAY THEY ENJOYED LIFE IN JAIL A Stir Caused by Pubiications in the Hayward Case. REPORTER WOULDN'T TELL ee CHICAGO, January 24.—The trial of the Debs conspiracy cases began at 2 o'clock. Debs and his seven assoctates were brought from the Woodstock jail and taken to the United States court room, where they were formally released on bail. « The prisoners did not. appear to have been seriously affected by their confine- ment. All expressed themselves as having enjoyed their life in jail exceedingly. Debs said that he and the other American Railway Union officials felt that they had been performing a sacred duty and did not regret the tmprisonment in the least. In an interview he declared that he ex- cused the speech regarding strikes recently made by General Fairchild of Wisconsin on account of the great age of the speaker. The trial today is on the indictment found against the railroad strikers of last sum- mer by the grand jury, and which Is known as the “omnibus indictment.” There were originally nine persons in the omnibus indictment for conspiracy to obstruct the United States mail. On January 4, and again on January 8, the government counsel entered a_nolle pros. as to a number of persons indicted, leaving the number at present forty-five. HE REFUSED TO DIVULGE. Quite a Stir Caused jn the Hayward Murder Case. MINNEAPOLIS, Minn., January 24.— Seven of the jury in the Hayward murder trial have been secured, two men being sworn in today in the persons of Farmers John Kimball and Neill McNeill. The trial proper will probably begin next week. ‘Thera was quite a stir in court when the trial opened teday over the threat of Judge Smith to discipline several newspaper men 3 printed about the ‘examination a rd for the defense. The attorneys for the defense arose and de- nounced the publications as falsehoods. The reperter of the Journal was sum- moned before the court to divulge to the court the source of his intofmation. He maintained that the information was re- liable, but averred that he was under a pledge not to divulge its source. Judge Smith was much vexed, and said he would give the reporter until 2 o'clock to divulge, intimating that a refusal would be contempt of court. —_—_ FOR THE PUBLIC HEALTH. , Commissioners Con: ring. a Bill ‘That is Comprehensive f ‘The Commissioners have under consid- eration a draft of a bill recently submitted to them by Health Officer Woodward which, if it becomes a law, will give them the power to modify and enforce regula- tions to promote and maintain the public health. The bill gives the Commissioners author- ity to make regulations which shall in- clude those governing the sanitary condi- tion of premises and of cars, boats and public conveyances within the District, the location and government of cemeteries, bakeries, slaughter-houses, markets, laun- dries and places of offensive business, a regulation and government of lying-t hospitals and infant asylums, the collection and disposal of night’soil, the propagation and sale of vaccine virus and anti-toxine and the prevention and spread of con- tagious diseases. The bill is broad tn tts scope and gives the Commissioners ample powers. There is a section in the bill. which amends the bill, to prevent the pranufacture and sale of adulterated food and drugs in the District, by placing the enforcement of this act un- der the health oflicer of the District. Then there is a section which gives the Cemmissioners power to enforce quarantine: regulations. The bill will be shortly Bert to Congress with the récommendation of. the Commissioners that the same be passed. — . ROBBERS HELD AT BAY. Bravery of John-Valentine of Carroll County, Md. BALTIMORE, January 24.—About half- past 3 yesterday morning Mrs. Evans, wife of the postmaster, station agent and ex- press agent at Carrollton station, Carroll county, awakened her husband and told him she had heard a noise outside of their heme. Evans sprang out of bed and went to the front window ot an attic by another way and called loudly for help to his clerk. ‘The robbers were frightened away and pursued by a party of citizens. About 9 o'clock John Valentine, one of the party, passed the house of Lewis Green, about three miles from the village, and was there informed that the smoke had been issuing from the chimney of a vacant dwelling, owned by Mr. Miles Long. Mr. Valentine, armed with a sixteen-shot repeating rifle, immediately laid siege to the house, in which he discovered that several men were hiding, as he heard their voices in con- versation. Mr. Valentine dispatched a messenger to Westminster to notify Sheriff Arnold, who immediately came to the scene with a posse. In the meantime Mr. Valentine opened fire and the robbers fired at him in return, one of them finally coming to the door to get a better shot, and receiving a bullet from Mr. Valentfne’s Winchester rifle in bis left leg above the knee, which shattered the bone and made an ugly wound. Vaientine had by this time exhaustgd his ammunition and left other _ parti to watch the house, while he went for a fresn supply. During his absence, and before the arrival of the sheriff and his party, two of the men rushed out and made thetr es- cape. ————— TWO SUSPECTED CASES. Be Investigated by the Proper Authorities. ‘There were two suspected smallpox cases reported to the health office today. One case was reported on 13th street northeast, and the other at the residence of Mr. Kil- gcre on Pennsylvania avenue southeast, where there was a case of variolcid a few days ago. This case was investigated, and while the inspector thinks the child proba- bly has the chicken pox, he will see the patient tomorrow. ‘A young man named Joseph McCarthy, who lives near Virginia avenue and 2ith street:, was found on Pennsylvania ave- nue and l4th street this morning acting in such a strange manner that he was sent to the Emergency Hospital for treatment. He had taken off his coat, vest and hat, and stood on the street corner looking at the sun. Both Wi —— Charged With Perjury. William Carter, a young colored man, was placed on trial in Criminal Court No. 2 today ona charge of perjury. The man was interested in a certain saloon, con- ducted by Wm. A. Clark. Clark was charged in the Police Court of selling, last September, liquor to Jeremiah N. Garnett, a minor. He was convicted, and he, Carter and two other persons were subsequently indicted for perjury, in swearing that no liquor was sold to Garnett. Clark was con- victed, as was one Willis. Carter swore that he did swear as alleged in the Police Court, but insisted that no Hquor was sold to Garnett. The trial was still in progress this afternoon. gS Indictments by the Grand Jury. The grand jury this afternoon returned the following indictments: Philemon Wall Keech, embezzlement; James H. Williams, allas Glenn, second offense, petty larceny George Curtis and John Ford, housebreak- ing; James Howard, alias Buddy Howard, and Charles Sykes, larceny, and William Woody, larceny from the _ person. The charges of larceny against William, allas Brooky, Moore, and of assault with intent to kill against George Johnson, were ig- noredr NEWS BY WIRE|W4TER ASSESSMENTS The Oommissioners Have Not the Authority They Supposed. . : The Assessments Believed to Be M- legal and Congress Will Be Asked to Remedy the Defect. . Are the water main assessments de- fective? This question fell upon the Commission- ers today like a thunderbolt from a clear sky aud sent them scurrying to the Capitol for remedial legislation. For a long time back the assessments for work done under the old board of pub- li werks and for work done under the eompulstory permit system have been the subject of assault on technical grounds, and many of them have been overthrown by the courts for minor irregularities. But it was thought that the water main assessments were unassailable. Today, however, the point was raised that all the water main assessments since the death of Water Registrar Cox have been defective for the reason that the assessments have been made by the Commissioners instead of the water register, as the law of 1873 re- quires. When Water Registrar Cox died the Com- missioners had‘ a clause inserted in the District apprepriation bill providing that thereafter the operations of the water de- partment should be under the control of the engineer department of the District, Subject to the approval of the Commission- ers. This was construed by the Commis- sioners to be an abolition of the offico of water registrar, and assessments for water mains have sit-ce been made upon that as- sumption. Lut now it is claimed that the office of registrar was never abolished, as this law did not effect that object, and the Commis- sioners did not exercise the power they had under their general authority to abol- ish offices and transfer the duties of water registrar to some other official. The Remedy in Congre: Hundreds of thousands of dollars are in- velved, but the Commissioners hope to check the matter by getting a clause insert- ed in the District appropriation bill giving them authority to levy assessments. ‘The question was raised by a citizen who refused to pay a water main tax of $2,400, and the case was sent to the court and will be heard next Saturday. The Commissioners are much exercised over the matter and refused to talk. They realize the importance of the situation, and have dene everything in their power to help matters. ‘They had a long conference this morning with the attorney for the District and Chief Clerix Bell of the water department on the subject, at which time the whole situation was carefully gone over and the Commissioners’ action mapped out. But the fact continually stares them in the face that hundreds of thousands of dollars’ worth of assessments have been levied apparently without authority, and the chances are that the District will be a great sufferer therefrom. The Old Law. The act of the legislative assembly of June 27, 1873, under which the point was raised, distinctly provides in section 6, “That hereafter, in order to defray ex- penses of laying water mains and the erection of fire plugs, there be, and is hereby, levied a special tax of one and a quarter cents per square foot on every lot and part of a lot, which binds in or touches on any avenue, street or alley in which a main water pipe may hereafter be jaid and fire plugs erect- ed, which tax shall be assessed by the water registrar within thirty days after such mains and fire plugs shall have been laid and erected, of which assessments the water registrar shall immediately notify the owner or agent of the property charge- able therewith.” ——————— FILIBUSTERING IN CO) MITTEE. ‘The -Hawaiian Resolutions Pigeon- holed Through the Chairman’s Efforts It is the purpose of Mr. Wilson of West Virginia to call up a bill to repeal the one- tenth of 4 cent discriminating sugar tax a8 soon as the sundry civil bill is disposed of by the House. ‘he. members of the committee who have been looking the field over say that there is no doubt that the bill will pass. There will be a lively debate when this matte: comes up and it will be on the Ha- wailan question, not the tariff chiefly. The republicans of the House are cut off from the discussion of the Hawaiian affair on the resolution relating to that subject by the peculiar method of filibustering con- ducted in the committee of foreign affairs by Mr. McCreary, the chairman. ‘When they had at the meeting this merning a majority ready to report the resoluticn Mr. McCreary filibustered until he could drum up enough support of the administration to help him pigeon hole it. The resolution being held back in this way those who want to discuss the question in- tend to avail themselves of the opportu- nity offered by the sugar bill. —_—__—__+-o.+___. DISTRICT IN CONGRESS, The Appropriation Bill. The subcommittee of the appropriations committee in charge of the District bill re- sumed their sessions today, with the Dis- trict Commissioners and their assistants in attendance. Maj. Moore appeared before the subcommittee to explain the estimates for the maintenance of the police department. A New Municipal Building. Senator Hunton today presented an amendment to the District appropriation bill, which is an exact copy of Senate bill 2215, providing for the erection of a new municipal building on Judiciary square, which has already been detailed at length in The Star. The amendment was referred to the District committee. To License Itinerant Vendors. Mr. Conn of Indiana introduced a Dill in the House today to license {tinerant ven- dors in the District. The bill defined the term “itinerant vendors” to include all persons, principals and agents, who engage in a temporary or transient business in the District in selling goods, wares and mer- chandise, who, for the purpose of carrying ‘on such business, hire, lease or occupy any -building. ‘The bill requires these persons to make application to the Commissioners under oath, stating the nature of the business and the rame of the owners of the goods. The Commissioners may then license them to carry on business for a period not ceeding six weeks, by the payment of $250 a week. The bill does not apply to sales made by commercial travelers, nor to hawkers on the streets, or peddlers. Pen- alties are provided for making false state- ments in the application to the Commis- sioners. The bill was referred to the Dis- trict of Columbia committee. An Aged Colored Persons’ Home. Senator Peffer today presented a petition of a number of pastors of the colored churches of the District praying for the passage of the bill providing for the estab- lishment of a national memorial home for aged and infirm colored persons a No Smallpox at Jail. Warden Leonard of the District jail stated this afternoon that James W. Cot- ton, the prisoner whose Illness gave rise to the suspicion that he was suffering from smallpox, has entirely recovered. The man, explained the warden, suffered from a slight attack of chickenpox, which read- fly yielded to the treatment of the prison physician. Warden Leonard stated that the prisoners in his custody were, with one or two exceptions, iu excellent health. These ailing were merely suffefing from ordinary minor complaints, said Mr. Leon- ard, and as the most rigorous methods are constantly employed to prevent the intro- duction into the jail of any contagious disease there was not the slightest occa- sion fcr alarm. eed The Mohican. The Mohican has gone from Port Angeles to New Whatcom. o-____ Francis Hathaway, a banker and lead- ing business man of New Bedford, Mass., died on Tuesday, aged sixty-five years. SENATE AND. HOUSE Hawaiian Affairs Again the Subject of Dischssion. Pia MR. GEORGE DEFENDS THE PRESIDENT He Declines to Listen to Any Sug- ipestions. Pi ARMY APPROPRIATION There was such a meager attendance at the openirg of the Senate today that Mr. Hoar called attention to the absence of a quorum, and a roll call was necessary be- fcre business could proceed. Among the bills introduced was one by Mr. Chandler (N. H.), to prevent the tap- ping of telegraph wires used by news as- sociations. This is to prevent the stealing of news, and was necessitated. by recent developments in Chicago, when various other associations, by means of wire tap- ping, were making use of Associated Pross news. < z Mr. Mitchell (Oreg.) sought to secure the passage of a resolution calling on the Treasury Department for detailed infor- mation as to sugar bounty claims, but ob- jection was made and the resolution went over. 3 Another Hawalian Resolution. Mr. Allen (Neb.) presented another Ha- wailan resolution, as follows: “Resolved, That it is the sense of the Senate that the revolutionary government having now be- come the established government of the Hawaiian Islands, that a wise and enlight- ened foreign policy requires that steps should be taken by this government with- out unnecessary delay to annex those {s- lands to the United States as a part there- of; and that in the meantime the personal and property rights of American citizens in said island should -be «protected by the presence of a sufficient naval force in Ha- waiian waters.” The resolution went over until tomorrow. The Hawalian resolution of Mr. Lodge (lass.) was then taken up and Mr. George (Miss.) addressed the Senate in support of the administration policy. Mr. George made a careful legal’ argument to show that there was no popular suffrage and no real republican form of government in Hawail. Mr. George presented a bill showing the number of days United States warships had nst een at Honolulu during the !ast twenty years. It showed from forty-one days in 1874 to 358 days in 1884, during which no war vessel had been in Hawaiian waters. From this showing he urged the inconsistency of the present demand that United States warships should be kept there. Would Take No Suggestion. In the course of Mr. George’s speech Mr. Aldrich sought to make a suggestion. Mr. George declared with asperity that he wanted no suggestions. Mr. Aldrich per- sisted, whereupon Mr. George appealed to the chair: “I ask that the Senator be di- rected to take his seat,” said Mr. George warmly. There:wasje general laugh, in which Mr, Aldrich joined, as he desisted from further pressing his suggestion. At the concluston df Mr. George’s speech the consideration ofthe Nicaragua canal bill was resumed, and Mr. White (Cal.) spoke in advocacy of. the project. THE fousE. —7 In the Housectodag, on motion of Mr. Skell (N. C.), a tesohition was passed pro- viding for an ffivestfgation by the com- mittees on ventflation. and public buildings and grounds of the office of the architect of the Capitol. " ‘The House then, on motion of Mr. Sayers, went Into com#nittee6f-the whgle and re- Sumed'th considerdtfpn of the sundty ctvil ‘appropriation bi}... ; The: paragraph in 4he hill appropriating $25,000 for«general: repaits> to the custom house and subtrexsury at Chicago was stricken, out. eds Avizova and, Wyoming Included. By amendment Arizona and Wyoming were included inthe list of states where increased rates should be allowed for sur- veys and resurveys of heavily timbered lands. The amount to be expended for ex- amination of public surveys in order to test the accuracy of the work was in- creased from $35,000 to $40,000. On motion of Mr. Smith, Arizona, an amendment was agreed to to appropriate $25,000 to survey and segregate the coal fields on the San Carlos reservation, Arizona. An amend- ment was adopted appropriating $8,000 for inclosing the grounds of the Columbia Arsenal, Tenn. An amendment offered by Mr. Terry (Ark.) to increase the appropriation for the construction and enlargement of military posts from $200,000, to $400,000 precipitated a brief debate on:the new policy of the War Department of concentrating troops at various centers. Mr. Coffeen (Wyo.) pro- tested against the policy of abandoning frontier posts. Mr. Springer and others in- dorsed the new policy. Mr. Cannon (Il) recalled the cow boy war in Wyoming and pointed out to Mr. Coffeen the fact that on that occasion the army was on the side of the invading force and against the settlers of Wyoming. Mr. Coffeen replied that the military force was allied with the wrong side, through a misapprehension of the facts on the part of the administration here. The amendment wes lost. An amendment, offered by Mr. Doolittle (Wash.) to authorize the Secretary of War to establish a military post at some point on Puget sound, was agreed to. It pro- vides for a commission of army officers to examine and determine what point is best adapted for such a post before the location is made. The clause in the bill providing for a mil- itary park at Gettysburg, Pa., was stricken out, as a bill for identically the same pur- pose was passed on Monday. ‘The appropriation of $150,000 for Hay Lake channel was stricken out, General Casey, chief of engineers, having advised the chairman of the appropriation com- mittee today that Colonel 0. M. Poe, in charge of the work, had, in an official re- port, stated that the money already ap- propriated was sufficient to meet all ex- perditures to the end of the fiscal year erding June 30, 1896. —___-e-—. REPUBLICAN SENATORIAL CAUCUS. The Financial Question and Other Matters to Be Considered. The republicag Senators will hold a cau- cus in Senator Sherman’s committee room at 10:30 tomorrow, Which has been called for the purpose of? considering various questions likely to be befcre the Senate. The question of. most general importance to be considcréd is.ithat relating to the finances, and it‘is uriderstood that the re- publican membérs of the finance commit- tee will ask that they may be instructed as to what course they shall pursue in dealing with the questions in committee. There will alsd be 4n effort to have the caucus take a position in the matter of the election of Sengtors,in states where the legislatures are fepublican, and where the contests are apparently unnecessarily pro- longed, as in Delaware, Idaho and Wash- ington. There is an-element among the republican Senators who hold that republi- can supremacy im the,Senate is endangered by the delay in those’states, and who ‘ear that if protracted’ much further it may result in failure to elect, as in Wyoming, Montana and Washington in 1803, and they contend that a word of advice from the solid republican side of the Senate would probably have the effect of hastening action and of preventing the continuance of the deadlocks. There are other reptblican Senators, who antagonize this position, who contend that the republican Senators have nothing to do with the senatorial elections in the various states, and who will meet any proposition to open the question in caucus with deter- mined opposition. There will also be some discussion of republican policy in connection with the bills for the admission of New Mexico and Arizona. MILLER’S TEST CASE May Prove a Serious Affair to the Book- maker. Judge Cole Upholds Both Laws Against Bookmaking in the District— His Opinion Today. » Judge Cole this morning reaffirmed his decision of a year ago, that bookmaking cannot be lawfully conducted in the Dis- trict of Columbia. The decision rendered today was in the case of Fred. T. Miller, who stands in- dicted for conducting’ bookmaking at the Benning race track early last month. As he held in the case of the indicted Ivy City gamblers a year ago, Judge Cole held today that the act of 1883, prohibiting the set- ting up and maintaining of gaming tables and other gambling devices and contriv- ances, and the act of 1891, prohibiting bookmaking in the cities of Washington and Georgetown and within one mile of either city, stand together. Both acts, again held the court, prohibit bookmaking, although each act provides a different penalty, and the district attorney may, where the-offense is committed within the territory mentioned in the act of 1891, elect as to under which act he shall pro- ceed; the act of 1883 applying alone where the offense is committed outside of those limits, The Decision. Judge Cole’s opinion today was a very brief one, and, referring to the first con- tention of Miller’s counsel, that the act of 1883 had been construed by contempora- neous construction as not to prohibit book- making, he remarked that he could not so agree. It was true that Police Court Judge Snell had held that the act did not pro- hibit bookmaking, but that construction was a judicial one, an erroneous one, it seemed to him, said Judge Cole, and should not, therefore, be sustained. The fact, ex- plained Jidge Cole, that successive Dis- trict attorneys had failed tc enforce the act of 1883 in the matter of bookmaking amounted to nothing. Until recent years, he said, horse racing and gambling thereon had been seen here but twice a year, and for but a few days in the spring and fall. But the evil had grown until racing and gambling came to be practiced at all sea- sons of the year, and it may have been that not until the evil had reached such proportions that the present district at- torney felt called upon to enforce the law. As the act had never until then been construed by such an oilicer there was nothing in the contention of the defendant that the act had been legally construed in his favor. No Legislative Construction. He was, continued Judge Cole, a'so una- ble to agree with the defendant’s counsel that the act of 1883 had received legisla- tive construction by the passage by Con- gress of the act of 1891. The contention of the defendant, explaired the court, was that Congress, in passing the act of 1891, corstrued tha act of 1883 to mean that the first act did not prohibit bookmaking. But,, remarked Judge Cole, the act of 1891 dces not show that Congress had before it, or considered, or even knew of, the act of 1883. Neither do the debates in Congress so show. Granting that Congress did in- tend to censtrue the act of 1883 in favor ot permitting bookmaking in certain parts of the District, it had failed to so declare in the act of 1891. He was, therefore, de- clared Judge Cole, of the opinion that the act of 1883 had received no legislative con- struction. Not Repealed. Referring to the defendant’s contention that the act of 1883 had been repealed by implication, Judge Cole stated that he could not so hold. There was, he said, no such inconsistency. The act of 18¥1 was intended to prohibit bookmaking in all forms, whether the conducting of it did or did not involve the setting up of a gaming table or other gambling device or con- trivance. There was no reason why the act of 1891, ‘said the court, should not have been added to the act of 1883, and the two ‘acts stood, therefore, together, the district attorney having the right to elect under which he should prosecute, where, as in the present case, the alleged offense was committed beyond the limits prescribed by the act of 1801. The earlier act, said Judge Cole, in conclusicn, was in force throvgh- out the whole District, while the later act was in force in a certain patt thereof. The defendant's demurrer to the indictment, which charged him with committing the offense beyond the limits mentioned in the act of 1891, would, therefore, be overruled and the defendant required to plead. Will Ask an Appeal. Mr. Henry E. Davis, counsel for Miller, was, however, granted leave to apply to the Court of Appeals for an allowance cf an appeal from thg court's decision. Dis- trict Attorney Birney, believing that the public interests do not authorize the al- lowance of such an appeal previous to a trial of the defendant, will, it is under- stood, oppose its allowance. If the Court of Appeals sustain his view, Mr. Birney will, it is stated, try Miller at the earli2st practicable day. The maximum penalty under the act of 1883 is five years’ impris- onment. ————— ‘THE ADMINISTRATION'S POSITION. No More Revenue Needed, but a Cur- rency Bill. The administration does not indorse the proposition to provide for an increase of revenue either by beer tax or any other means. It has been made generally known to democrats in Congress that it would be in no sense satisfactory to the President or the Secretary of the Treasury to be given a larger revenue in leu of currency legis- lation. The Secretary of the Treasury holds that a sufficient revenue will be produced by present law and that an ierease Ww not help the situation. The administration takes the position occupied by the framers of the Wilson tariff bill that that law is going to be an efficieat revenue producer and that no confession of weakness at that point should be made by the acceptance of the republican proposition that it is for want of revenue that the treasury is now suffering. This position being taken by the admin- istration, the ways and means committee will probably refuse to report the bill for an increase of the beer tax and most of the democrats will oppose the increase if proposed as an amendment to some other measure. The position taken by the admin- istration is that they must be given a sat- isfactory currency measure or nothing at all. -e CHILDREN RESCUED. Three Little Ones Caught in a Fire This Morning. There was a little excitement at a fire this morning on L street northwest be-| tween 4th and 5th streets, when the pulice and firemen responded to a local alarm of fire. The fire was in the house of a col- ored family named Franklin, a small two- story frame structure, and neighbors felt certain that the three Franklin children were in the house. They had good reason for fearing this, for when the police smasi ed in the front door there were the little ones waiting for some one to rescue them. They were two, three and eight years old, the eldest being a boy. When their parents went out to work this morning the chi dren were locked in the house. The three- year-old child played with paper about the stove and the result was that the matting caught fire. Being unable to put out the fire the older child dragged the younger children down stairs and called for help. The house was badly damaged and some of the furniture destroped. The loss, it is estimated, amounts to about $200. sore gers Fell From a Roof. George Bowesex, seventeen years-old, a carpenter’s apprentice, living at North Cap- itol and P streets, fell from the roof of a hcuse near 31st and W streets this morn- ing and fractured his left wrist. He was also injured about the face and head. The police of the seventh precinct sent him to the Emergency Hospital for treatment. fone Range of the Thermometer. The following were the readings of the thermometer at the weather bureau toda: 8 a.m., 22; 2 p.m., 31; maximum, 32; min- imum, 20. FINANCE AND TRADE Apprehension on Account of Large Gold Shipments, SEVEN MILLIONS ALREADY TAKEN OUT National Lead Feature of the Day’s Speculation. GENERAL MARKET REPORTS Special Dispatch to The Evening Star. : NEW YORK, January 24.—The necessities of the short interest were responsible for the moderately steady undertone noticeable at the opening of today’s stock market. The contributions of this pessimistic ele- ment were the only arguments in favor of improvement, the day’s developments being decidedly the reverse of encouraging. The engagement of $2,125,000 gold for export, swelling the week's total withdrawals con- siderably over $7,000,000, with the prospects favorable to further substantial additions, was productive of much apprehension on the part of traders. The result of this steady depletion of the country’s gold sup- ply 1s variously construed by bankers, but there is no lack of unanimity in asserting that heroic measures will be necessary to restore confidence in the country’s financial policy. The pressure of bonds in today’s bond market, néfiny of them being first mort- gages on some of the most desirable rail- road property in the country, was ascribed to liquidation on the part of foreign holders. ‘The sellers in many instances reserved the right to make deliveries within fifteen or twenty days, which indicates that London will ship the bonds on receiving the notice of sale. Such sales will necessitate pay- ments in gold and will still further post- pone the date on which the outward move- ment will cease. In view of this unsettled condition of affairs desirable activity in speculation is, temporarily at least, out of the question. National Lead, after a pericd of seclu- sion, during which rumor has been busily at work, was the feature of the day’s trad- ing, at a decline of scmewhat sensational proportions, in view of the fact that the motive was so carefully concealed. The earnings of the company and the question of future dividends were employed by trad- ers in effecting a decline of 35-8 per cent. It is hardly. reasonable to suppose thet such a drive was unaccempanied by mside liquidation for motives best known to that class of stockholders. The remaining industrials were weak in sympathy with the prevailing nervousness. In the railway list Manha¥tan attracted some selling which resulted in a decline of 1 1-2 per cent from first prices. “The grang- ers were only moderately active, the only feature being a reported decrease in St. Paul’s earnings for the third week this month, amounting to $55,268. The ‘dullness in other parts of the list served to keep prices moderately steady. The market for foreign exchange opened dull with yesterday's rates and conditions still in force. ‘The supply of all classes of commercial bills is smail, coming from in- terior towns against old contracts. The inquiry from remitters is good and the volume of business limited. The trading of the last hour was dull, with prices around the lowest figures of the day. Gold shipments were the absorbing topic of discussion, and were practically the only phase of the present situation seriously ccnsidered. The short interest already in the market, and the knowledge of the ease with which prices would respond to any judicious legislation at Washington, served to prevent any pronounced decline. While hesitating to act. the street is far from hopeful, and it is difficult to predict the course of daily fluctuations. A cover- ing movement 1s clearly due, but condi- ticns are not such as usually demand rec- ognition of this fac —_—_— 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. S0 Brozdway: Stocks Open.’ High. Low. Close. American Sugar........ 90 soxg SOR American Sugar Pid.” ..... sig 92 American Tovaceo. 95 94% American Cotton Oil. .-..- er) ‘Atchison. 4k 44 0C«YY Canada So 4935 4935 4955 Canada _Pacitic. Chesapeake a ©... C.. C. and St. L. Chicago, B. and Q Chic.and Northwestern. Chicago Ga C., M. and St. Paul ., M. and St. Paul Pfd! Chie., R-L and Pacific. Del., Lack. and V Delaware and Hudson Den. and R. Grande Pfd Dis.and Cattle Feeding. General Electric. Miinois Central Lake Shore Erie. as Loui ha Long Island Traction, Metropolitan Tractio Manhattan Elevated, Michigan Central. Missouri Pacific National Lead C Northern Pacific. Northern Pacitic Pfd. North American, Ont. and W Pacific Mail Phila. and Reading. Pullman Pal. Car Co. Southern Railway Tenn. Coal Union Pacifi Wabash, Wabash Wheeling and Wheeling and L Western Union Te Wisconsin Central. Silver..... Washington Stock Exchange. jar cell—12 o'clock m.—Metropolitan $1,000 at 99. Belt Raiirozd 5s, Etectric Light conv, 5s, 3 $1,000 at 127. Washi 5 at 18%; 5 at 118%; 118%; 10 at 113: 10 at 117%; 10 at 7. U.S. gut, 1 at 28%. Lincoln Fire Insurance, U.S. 48, registered, 113 bid, is, coupon, 113 bid. "U. 8. 5s,4| ashington and Geo 2138 bid. | Washlagton Cony, 68, 24, 133 bid. town Railroad conv. 6s, and Georgetown Railroad § Metropotitan Railroad conv. 6s, 97, bid, "09 asked. Belt Railroad Bs, 79 bid, 7914 asked.” Eckington Railroad 6s, 101 Did, 104 asked. Coiumbia Railroad Gs, 109 bid, 110% ‘asked. Washington Gas Com- pany 6s, series A, 112 bid. Washington Gas Com- pany 6s, series B, 113 bid. Washington Gas Com- pany conv, 64,130 bid. US. Electric Light conv. =, 126 bid, 12714 asked. Chesapeake and Potomac | ‘Telephone 5s, 99 bid, 101% asked. American S curity and Trust 5s, F. and A., 100 bid. American Security and Trust 5s, A. and'0., 100 bid. Wash- ington Market Company Ist Gs, 108 bid. W: ton Market Company imp. 6s, 108 bid. “Washington Market Company ext. 6s, Masonic Hat Association 5s, 105 bid. on Light Infas try Ist 6s, 101 bid. Washington Light Infantry 2a 7s, 100 bid. National Bank Stocks. —Rank of Washin: bid, 305 asked. Bank of the Reput ked. Metropol 275 bid, 297 asked. 0 bid, 207 asker mers and Mechani 135 bid, “145. asked. Columbia, 130 Wid. Capital, |. 10914 bid, 112 asked. Traders”, . Lincoln, 103_ fd. "112 asked. curity and 1 fe Deposit Stoc 286 asked. Metropolitan, 6514 bid, M4 bid, 65 asked. Belt, 35 2 bid. Georgetown and Tun Railroad 280" bi Light Stocks.—Washington Gas, Georgetow 50. bid, ht. u. Insurance St Franklin, 45 ; 80 asked. Coreoran, 57 bid. Arlington, 152 bid, 169 asked. 162 bid. ' National’ Union, 1316 bid, lumbia, 135% bid, 1515 asked. Ri asked.” People’s, 5% bid. 55% asked. bid, 8 asked. Commercial, 414 bid. ectric Ls Lincoln, 7% ‘Title Insurance Stocks.Real Estate Title, 108 bid, 118 asked. Columbia Title, 7! asked. Washington Title, 5% asked. Diente Ade 15 asked. ‘Telephone Stocks.—Pennsylvania, 38 bid, 50 asked. Chesapeake and Potomac, *50 bid, 53 asked. Amer- », 4% bid, 4% asked. Pneumatic ican Graphophone, Gua Carriage, .20 bi ton Market, 5 1 Run Panorama, Miscellaneous. Stocks.—Ws bid. Great Falls Ice, 130 bid. 15 bid, 20 asked. Norfolk and Washington Steam- boat, 85 bid. Lincoln Hall, 85 bid, 100 asked. Inter-Ocean Building, 80 asked. Lin- otype, 140 bid, 155 asked. — *Ex div. ———— Baltimore Markets. BALTIMORE, Janua-y 24. —Floar dull, ‘unchanged —receipts, 5.611 barrels; shipments, 1,215 barrels; sales, 450 barrels, Wheat very quiet—spot, 5740 57%;' month, 574a57¥%; February, 57: ; March, Bstga5S%; May, G0%a00; steamer No, 2 red, 69 receipts, 36,26 bushels; shipments, 24,000 busbas; stock, 692,126 bushels; sales, 58,000 bushels; sout! em wheat by sample, 68a50; do. on grade, 64a 87%. Corn dull spot Feb. 45% and month, — Ff i southern white corn, 454247; do. yellow, 46a47. Oats steadier—No, 2’ white western, 56237; No. 9 mixed, 34%a35—receipts, 21,579 Bushels:' stock, 127,945 bushels. Rye tive—No, 2, BSiaSS—re- aoe eek Sees tnaciie ier oni slow—j to cl u thy, $12. 3-00. rain ficients Inclined To ‘be cals dimetea sow. wn change ugar firm, unchanged. Butter and eggs steady, unchanged. Cheese firnr, unchanged. Grain and Cotton Markets. Cotton and grain markets, reported by-W. B. Hibbs, 1421 F st., representing Hubbard, Price & Go., New York. CR ipen. High. Low. Ch . Close. Wheat—May. way “oes Bay Fr 35% B3ig BS © 45% 5% 455% 4515"' 3 SS 10.60 I 10: 10.55 10.55 10:60 G52 652 640 642 G7 670 655 660 535 535 5.35 5.85 562 68 550 5.52 Open. High. Low. Close. 5.41B Het 5.40 5.44 545 551 5.85 5.50 5.51 5.538 5.51 5.59 5.56. 562 5.56 5.61 a LIQUOR LICENSES GRANTED. Action of the Excise Board on a Num- ber of Cases. At a meeting of the excise board this afternoon the following liquor applications were passed upon: Sais Granted. e 3 Mary Dougherty, 729 Virginia avenue scutheast; Fritz Schnebel, 302 10th street northwest; Sallie Hess, Zomingo_ Cross Roads; Christina Platz, 219 Pennsylvania avenue southeast; Henry F. Schonborn, 209 7th street northwest; Theodore P. Burns, 734 15th street northwest; ‘Susan Kright, 1168 19th street _ northwest; Jacob Del Bianco, 21 Pennsylvania avenue northwest; Leand@® Van Riswick, 118 Ist . street nerthwest; Max Oppenheimer, 1621 3th street northwest; Ross H. Lynn, 482 Pennsylvania avenue northwest; Chas. A. isckstein, 1412 New York avenue northwest; August Schwarz, 827 7th street northwest; William C. Douglass, 1706 Pennsylvania avenue ncrthwest; Jeremiah Mackessy, Massachusetts avenve near F street north- Elizabeth Amen, 1109 E street north- Richard Murphy, 426 10th street rorthwest; D. J. Taubman, 1338 B street northeast; Richard Hall, 3254 M street northwest; Joseph Keliher, 1514 32d street Wm. H. Brooker, 1229 D street Michael Leech, 1847 L street Lewis Schnebel, 553 Sth street Edward J. Daly, 107 H street Peter Mattern, 1239 7th street Henry Meckel, 52 L_ street Julius Egioff, 901 A street Michael Dietz, 239 New northeast; Jersey avenue northwest; Chas. Rupertus, 1908 Pennsylvania avenue northwest; Jas. P. McGrann, 1704 Pennsylvania avenue ncrthwest; Margaret Bohn, 1400 Maryland avenue northeast; John Keefe, 1400 Ist street northwest; James J. Farrell, 703 2d street northeast; Stephen Caldwell & Harry H. Humble,407 10th street northwest; David Hagerty, 1203 Pennsylvania avenue northwest; John J. Sullivan, 1130 Ist street northwest; Joseph J. Finley, 2029 K street northwest; Charles F. Shelton, 362 3d street southeast; William H. Quackenbush, 3294 M street northwest; William Berger, ‘42 Louisiana avenue northwest; Jacob Bruengger, 430 8th street ~ northwest John W. Werner, 2006 1 street northwest; John O’Brien, 1715 Florida avenue north- west; Patrick O'Donoghue, 908 4th street northwest; Katherine Hessler, northeast corner llth and E streets northwest; M. Lawiere3236 M street n.w-; C. 1 Misel, 1200 lith street southeast; David Riordan, 203 L strcet northwest; John T. Moylan, 1413 Pennsylvania avenue nerthwest; Levi Woodbury, St. James Hotel, corner 6th and Pennsylvania avenue northwest; Sam- uel M. Bryan, 800 L street southeast; John Appich, 1303 11th street southeast; Andrew W. Hancock, 1234 Pennsylvania avenue n.w.; Bernard Lieb, 400 K st. n.w.; Gio- seppe Montageari, 911 D street northwest; John H. De Atiey, 1222 Pennsylvania sve- nue northwest; Archibald M. Bliss, “Over- look Inn,” East Washington Heights; Karl Xander, 439 K street northwest; Theodore Muller, 617 D street northwest; John _M. Becker, 1120 8th street southeast; Jas: Rutherford, 90 D_ street northwest; Maurice F. Dee, 211 ith street northwest; Robert Russell, 1335 E_ street southwest; Charles Obermyer,315 StH street northwest; James B. Waltz, 631 Pennsyl- vania avenue southeast; John T. O’Day, 300 10th street northwest; John C. Bauman, 301 H street northwest; John Senge, 619 Pennsylvania avenue southeast; Christian Beck, 631 Pennsylvania avenue northwest; John’ Hartnett, 517 7th street northwest; Willi: Stegemarten, 205 7th street north- west; John B. Mcrse, 1200 E street north- west. —_.— DISTRICT GOVERNMENT. For Report. The following bills were received by the Commissioners yesterday for examination and report by them: House bill 2625, providing for the relief of the heirs of Jonathan Kirkwood. House bill 950, providing for the renewal of charters to corporations. House bill 8256, providing for the protec- tion of birds. House bill 4201, providing for the sup- pression of the production and emission of smoke from Lituminous coal and providing penalties for violations in the District. The amendments fixing minfmum of sal- aries of the District employes at $600 per annum. Filthy Alley. The attention of the Commissioners was today called to the filthy condition cf the alley between 4th and 5th, P and Q streeis northwest. The alley is mostly occupied by frame houses without sewer facilities and all filth is dumped in the alley, making it exceedingly offensive and dangerous to health. Nothing to Do. Samuel G. Thompson of 1642 10th street northwest has written to the Commis- sioners complaining of the conduct of Con- stable Thomas B. Stahl. He recites his grievances at length and asks the Commi sioners what he is to do to be relieved. The Commissioners have nothing to do with this matter and have so advised Mr. ‘Thompson. ree Silver Brick Case Dismissed. ‘The famous silver brick case was revived in the United States Supreme Court long enough today to permit of its dismissal, which was done on motion of Hon. J. A. Wilson of counsel for the plaintiff. The case was originally brought in 1892, in the Supreme Court of the District of Columbia, by Geo. G. Merrick, for a writ of man- damus to compel Hon. Chas. Foster, Secre- tary of the Treasury, to receive from him a silver brick and coin it into silver dollars for him. The decision of the District court was against Merrick, and the case was taken to the Supreme Court, where it was pending when Mr. Foster went out of of- fice. Mr. Wilson stated as his reason for asking for the dismissal of the case that it had abated because of Mr. Foster's retire- ment. ee Awnrded Damages. In Circuit Court No. 1, George Washing- ton Moseby, an old colored man, was this afternoon awarded $3,000 damages in his suit against the Washington and George- town Railroad Company. In April, i893, Moseby, as he alleged, was severely in- jvred while alighting from a cable car at 7th street and Pennsylvania avenue. He claimed that his injuries resulted from the car being suddenly and carelessly started, and he claimed $15,000 damages. The com- pany claimed that the old man must have been injured after leaving the car, as no report of the accident was made to the company by their employes.