Evening Star Newspaper, February 6, 1895, Page 2

2 : THE EVENING STAR, WEDNESDAY, FEBRUARY 6, 1895-TWELVE PAGES. such as specified in the charges before the commission. The court overruled the objection and the trial has since proceeded from day to day. A great deal of important testimony was secured from Nowleim and Bertellman. who bave turned state’s evidence to save their necks. ‘The murderer of Charles T. Carter has been found. He is a ha!f-white carpen- ter named Themas Poole. He admitied to @ native rebel that he did the shocting. When Wilcox took the stand he told his story in a straightforward manner. He claimed that he keew nothing of the threatened outbreak until one week before it commenced. He sai that there were net more than 300 men at Diamond Head Sun- day evening when the first shot of the rebellion was fired. The trial of the leaders was concluded on the 2th instant. The finding of the court has not been made public as yet. A member of the court is quoted as saying that if the death penaliy is imposed the executions will take place quietly and the public will not be informed until they are over. The profound secrecy with which affairs are conducted has ied many citizens to believe that the offenders will be dealt with in_a lenient manner. In consequence of this theory members of the citizens’ guard have met and signed @ petition to President Dole to be firm and punish the rebels as they deserve. On the 2tst instant Charles T. Gulick, Ww. HL. ckard, T. B. Walker and W. T. Seward were arraigned on a charge of treason. Walker was the only one who pleaded suilty. ‘The Arms and Ammunition. It is generally supposed that Seward pur- chased the arms and ammunition for the rebels during his recent visit to San Fran- cise, It was proven in court that he hired a native to remain on a small island on the west side of Oahu to watch for a ves- sel that was expected from California. schooner was a sealer named W. C. born, belonging in San Franc . vessel was sighted on December 19. ‘The arms and ammunition were piaced on board Waimanalo, an island vessel. 1 on Diamond the ste They were afterward land Head. Capt. Davies, master of the steamer, ad- mitted all this, ard said he was approach- ed first by W. H. Rickard,who engaged him to intercept the sealer snd secure the arms. He was promised 319,000 for doing so. He received $20 of the amount mentioned. John Cummings, formerly a cabinet min- ister, and row under arrest for conspiracy, stated that he was tokt by Seward that he had received a letter from telling him to go to he would be furnished with funds by Ru- dolph Spreckles with which to purchase arms. A friend of Spreck!es named Willis was also implicated in the transaction. Planning the Revolt. Samuel Nowlein told of frequent meet- ings held at Gulick’s residence, at which plans were discussed by himself, Gulick, Rickard and Seward. The rebellion was planned for five months. The new consti- tution was completed about Christmas. The rebels had a martial-law proclama- tion all ready. Nowlein said that many foreigners had agreed to help him, but they failed to appear in the field. Charles T. Gulick presented a written statement to the court, in which he denied everything but the drafting of the consti- tution. On the 2ith a number of natives were tried on a charge of treason. They were on the field of battle. A fourth batch of prisoners were tried on the following day. Evidence against them was conclusive. jowler, an Irishman, was tried on n a charge of misprison of trea- Ashford is now on trial on the same charge No Verdict Reached. In all of the above cases no verdict been brought in by the court, as far the public is aware of. corzmission will be in as It is estimated the for at least two weeks yet, as the rge num- ber of prisoners to 1 of. Mai tial Iaw still contin order to give validity to the verdicts of the courts. The Philadetphin Arrives. | The Austr: the evening of | Janu j led by the police and search w W. H. Cornwall | and Rudolph Spr ere not on | board. The United ip Phit | adelphia arrived yesterday | The council of republic was calied | four elect opr together « to new vernment’s Reply. The government has furnished the Asso- | 1 Press correspondent with a copy of | swer to the ex-queen. It reads as tive Building, Honolulu, Jan. ¢ Madam: The document executed by purporting to contain your abdication ard renunciation of all the sovereign heretofore claim 3 bee ered in your behalf to the president. 2 you were under arrest at the time this ii med, it is desired bi nd placing the same on fi | lear to you, Mrs. £ er a t in the matter: he execution of this document be taken to exempt you in the t degree fi onal and individ. ability f a dd investigation that you } had in the ainst the gov- | of life, | in your | md. It cannot be coi rights and claims lirquish have h: tence sin y ¥ your public an- nounceine you no longer considered yourself bound by the fur ntal law of the land under which you took office, and which your act In attempting by the ‘mere | exercise of your own will to estat ii | | new system of government contract ex- isting between you and the people dissolv- ad. The statement by the members of your then cabinet that they could not contvol ction, and their appeal to nolulu for assistance, was ich led to a resum right of gover: communicat ive to the di that it that the republic should ognize] by them as the sole and law svernment of the it is ful reciated. In this connection fer clemency for the late insurre , by or- WM. 0. SMITH, Attorney General. Minister Willis’ Objection. Since the arrival of the Philadelphia it fs learned from trustworthy sources that United States Mi r Willis has made ob- Jections, both written and verbal, to the powers of the military court now sitting. He stems to take the sam: view as Paul Ne . counsel for ‘Le’ prisoners, that committed prior to the date on which martial law was proclaimed should be tried before a civil court and jury. The text of his cbjection cannot be ob- taired at this time, but tt is unedrstood to be of a nature to cause the government more uneasin than thing that has since the ginning of the rstood that Mr. Willis has tn- se of Louis Mar- beth of | 2 of the | 1 with | to | anger here. | 1 in regard | i that in} nment here. | abdicate LATE NEWS BY WIRE Sensational Scene in the Minneapo- lis Trial. BLA? LIRSCTLY ACCUSES HAYWARD? Trying to Discredit the Former’s Testimony. THRONG OF SPECTATORS — MINNEAPOLIS, Minn., February 6.— ‘There was an intensely sensational scene in the court room today shortly after the Hayward murder trial opened. Hlixt, the self-confessed murderer, was still on the stand, and Mr. Erwin began his day's campaign by charging directly that the witness had doctored his confession given yesterday to suit public clamor. The state objected to this manner of cross-examination, and the court sustained the objection on the ground that it was an attack on character. Mr. Erwin then asked Blixt how he ac- ceunted for the discrepancy between the two statements he had made as to Harry's giving him the whisky. Blixt wanted to go into an explanation of this after his own ideas, but Erwin in- sisted on a direct answer. Again Blixt tried to hedge, answering that he was in no condition at the time of his original confession to remember de- tails accurately. Any mon in the condition TI wa: said Blixt, “would not be likely to kno whether the time HE: “t brought the whi x balf-past 7.”” was 5 o'clock or Hayward laughed aloud at this, and he looked squarely at Blixt. The face of the murderer turned Hvid, his voice trembled and ke half rose from ths witness chair. “Yes.” he cried, “this is no laughing thing, I tell you.” He was pointing straight at Hayw: bled os he gasped, man that don it all. truth and you kr Hayward, with chin resting on his hand, one shaking hand and his lips trem- Yes, you—yeu are the I knew I tell the his white teeth showing as his lips parted } in a broad grin, had enraged the witness beyord endurance. Blixt was called to order by the ccurt, and the cross-examination went on. There was an immense throng present, at lea #0 being women. Every subterfuge that ingenuity could devise was tried on the doorkeepers to obtain admission, and angry crowds were turned away. ‘After the court was called to order it took fif- teen minutes for the deputies to get every one seated and secure quiet enough for the trial to proceed. Dr. Thaddeus T. Hayward, brother of the acvused, was present, but did not go near is brother. I was evident as the cross examinatioa proceeded that Erwin had determined upon different lines of attack from that attempt- ed yesterday, which had so signally failed. He threatened and browbeat the witness. “[ want to explain something,” said t. No you don't, retorted the criminal yer. “You've babbled long enough; you've got to get down to business now. Did you not change your statement as to 3 when Harry brought you ecause you had been informed that at that very time he was with a man named Waterman “As I sit here before God, said was of myself. No one anything at all “Did you not make your second state- ment at the point ef a revolver, and under a threat?” “No, I did not n your first gave you the say it was at what I ha had told me ent you said Harry iges about 6; now you did not change; I did not change. st was Letweon 6 anJ 7," and then the wit- ness was led over the sto: gain, bac and forth ffort to = nd through, in | cure contradictions. ————— al 1 MR. THURSTON. Not Much Significance Attached to the Mr. Thurston, the Hawaii minister, took a £1 interest in the press di patches f: San Francisco today telling the story of the abdication of the ex-queen > and of nm. He this afternoon ul advices on get some the t in favor of the the conspirator: n told a Star reporter late that he had received no o' the subject, but would probab! later. The newspapers always ahead of him in getting news from home. In the absence of more details of the ex-queen’s action, he was not prepared to discuss its ble ef though he did not say outright, intimated very stron rd it as of much sig- xeen had gotten into a hole and had abdic s the only her to do. She did not but herself, The r. on said his legal representa- Gen. Hartwell, member of the United States Loyal He belongs In Boston and settled in H late in the | sixties. He visited this country in 1891 on business con vd with the establishment of a cable h Haw: Mrs. Domi method in this matter is in strict accord with the habits of her royal predec of never doing the right thing until they are compelied to do it by forces beyond their control. It is not believed that her abdication will condone her parti i in the recent conspiracy to destroy th: ernment, THE HOWGATE TRIAL. Testimony Teday as to the Photo- graphed Vouchers. The trial of Capt. Henry W. Howgate on two of the ten indictments standing against him, charging embezzlement and forgery, respectively, In connection with a check of wn by the defendant September resumed this morning in the st crowd which has Werthington was stili and Messrs. Mr. detained at home by iliness, Jere M. Wilson and John C. Heald assum- ed again the burden of the defense. As on yet attended. the previous days of the trial, the de- fendant’s daughter accompanied him. fter The Star's report of the trial closed yesterday afternoon, Judge McComas, against the vigorous protests of the de- fense, permitted Treasurer Rochester of the Western Union Telegraph Company to state, from an inspection of the photo- graphs of the original vouchers, that his signatures on the originals were forgeries. Mr. Rochester also stated that in his opin- ion the vouchers had been forged by Capt. Hov > JOYCE WILL NOT SIGN. The Captain of the Washington Team in Revolt. ST. LOUIS, February 6.—Willlam Joy captain and manager of the Washington e Ball Club, has notified the owners of the club that he will not this s om >t at an ine , preferring, y off the entire ‘season. He d him a ra ard put it. ys the ov i Threatened Legis! GUTHRIE, O. T. fal has been intro: legisla ess to red gress ‘al offic duced prohi the te ling t ed in the territorial ist calling upon Con- ry of the President, and all other fed- Bills were also in of cigaret in ompanies to nother 0 se countie e to divide This bill gonbtiess imaucurate a county seat ———— tion. nd Lieut. Ch Hine, sixth in- , is in the cl He is stopping at y on leave of absenze. 05 12th street. CASE BECOMES SERIOUS Johnson is Dead and Andrew Beverly Charged With Murder. Result of the Fight on Monday Night— ‘Two Men Arrested as Accessories —A Gencral Dental. Charles Johnson, a young colored man, who lives not far from Florida avenue and 7th street, died in Freedman’s Hospital early this morning from the effects of a stab wound of the left side, inflicted by an- other colered man during a fight at 7th and Pomeroy streets late Monday night. An- drew Beverly is charged with the crite, while Clarence Holliday and Nelson Thurs- ton are held as taking part in the affair. Beverly, who is already in jail, also re- ceived a‘severe cut in the right side, and it is charged that this wound was inflicted by Holliday. It was about 12 o'clock Monday night when the affair happened, and, although the series of fights caused a little excite- ment and attracted quite a crowd, it was not until after Johnson was taken to the hospital that the police learned of what had happened. Then Policeman George Kelly made an investigation which resulted in the arrest of Andrew Beverly at his home. ‘This arrest was made about 3 o'clock in the morning, and Beverly seemed surprised that the police should take him, for, as he says, he thought he was the only one in the crowd who sustained an injury. Was Surprised. He was considerably under the influence of liquor when he went home after the fight, and did not know encugh to have the wound attended to before retiring. When the policeman aroused him it was feund that blood frem his wound had sat- urated the bed and he was weak from loss of blood. Still his condition was by no means dangerous, and he went with the officer to the eighth precinct station,where hy ‘as locked up on a charge of attempt- ed_ murder Yesierday he was taken to the Police Ceurt and committed to jail to await the result of Johnson's injuries. Exactly under what circumstances the fatal stub was inflicted will not be known until the witnesses have been examined at the coroner's inquest tomorrow. So far as the police were able to learn there was a party of men in the little shoe shop at 7th and Pomeroy streets Monday night,and several of them were rejoicing over the fact that they had pla. ed policy, and, as the players term it, had made a “hit.” What is known as whiie 4-10-68," was what they and they were waiting for the ap- pearance of the writer to pay them the amount of their “hits.” In anticipation of getting this wealth some of the men squandered what money they had for liquid refreshments—a la bottle of gin being the particular beverage purchased. When the time for the appear- ance of the policy man arrived, and the man did not materialize, the lively scene was turned into one ef discontent, and the players complained that they were going to be defrauded. But even this disappointment did not stop the fiow of spirits, and most of the men in the party felt the effects of what they had drunk. A Fight Occurred. According to statements made of the af- fair, there was a hatchet thrown at one man, and he in turn threw it back at the one who first threw it. This fight was con- iinued on the sidewalk, and both Johnson and Beverly received wounds. As already stated, Johnson was stabbed on the left about two inches over the heart, while vs wound was on the right side. So painful was Johnson's wound that he was hardly able to stand, and he was as sisted to the hospital, only a. short dista from where the affair happened. wound was examined and dressed by doctors blade had penetrated a dangerous they did not think it would prove i Later the patient seemed to get better, but last night there was, a change for the worse, and this morning he -lied. When Policeman George Kelly learned of the man’s death he went out and made a further investigation, which resulted in the arrest of Holliday and Thu The Prisoner's Story. log The prisoner, Beverly, was seen in his cell by a Star reporter, and he denied that he did any cutting or that he ever knew | Johnson was cut until after Officer Kelly arrested him. “We were all in the shoe shop drinking,” he said. “and the men who had played pol- icy and made a ‘hit’ were angry because the writer had not brought the money. |-phey were fussing about the money, and some of them wanted to go out and look for the man. “I had a bottle of gin,” he said, “and I passed it to all the boys, except Johnson, and he got mad because I sligiited him, nd wanted to figh id, there was a fight, and the thrown several times. Clar- ay, he says, is a friend of John- son's, and he too't Johnson's part. When the hatchet failed to injure anybody they found it on the pavement. Holliday, he says, stabbed him (Beverly). After receiving this wound, Beverly says he went home, and{/ knew nothing about Johnson's wound urfil the officer arrested | him. | Phe police claim they have evidence to faster the crime on Beverly. Coroner Hammett viewed the body, and | will hold an inquest at the eighth precinct station at noon tomorrow. SS WER BOND BILL. THE No Probability of Its Being Pressed for Consideration at This Session. There is no probability that the sewer bond bill will be pressed for consideration in either house of Congress at this session. ‘The action of the Senate yesterday in throwing out the bond amendment on a point of order of its being general legisla- tion has somewhat dampened the hopes of the managers of the bond bill, who were inclined to think that legislation might be accomplished this session. They had little faith, however, and they regarded the amendment as about the last chance to get anything done, The vote in the Senate yes- terday was by no means on the merits of the question, but was clearly on the par- ameriary status of the proposition. There has been little or no discussion of the bill itself, but it is thought that there isa ma- jcrity in favor of its passage in the Senate. It is believed that there will be much more chance to secure favorable concurrent action in the next Congress if the matter is allowed to rest at present. Especially is this true if there is to be an extra session, for in that case there will be but a little time lost by inaction now. It is likely that the bond bill will be made the subject of the next strong effort on the part of the District committee of the Senate, and per- haps of the Hovse. Shouid there be an tra session the financial question will, of course, have the right of way, but ther would undoubtedly be ample time during the progress of the financial measure through the two houses for the considera- tion of the local bill. A TEN-HOUR DAY, Bill Submitted by the New Street Railway Organization. The Protective Railway Union today sub- mitted to the Commissioners for their ap- proval the draft of a bill which provides for a working day of ten hours for all lway employes in the District. se of accident or emergencies, more than the usual service is demanded, the extra compensation shall be not less than 25 per cent in excess of the rate paid fcr ‘y services. iolation of this uct shall be deemed a misdemeanor and shall be punishable by a fine of $100 for each of- fense. aoe Nominations by the President. The President has sent the following nominations to the Senate: War—Maj. Gen. John McAllister Schofieid to be lieutenant general. Pestmasters—Wm. C. Fontaine, Princess Anne, Md.; Lee C. Atwood, Conneaut, Ohio; D. H. Bell, Bastrop, Texas; John W. Han- son, Lake Mills, Wis. FINANCE AND TRADE Speculators Holding Back for the » Bond Issue, WAITING ‘FOR GOVERNMENT 10 ACT ange Rates Are Again Reduced. Foreign Excl GENERAL MARKET REPORIS Special Dispatch to The Evening Star. - NEW YORK, February 6.—An Irregular opening, followed by cautious professional trading, characterized the early operations in today’s stock market. Washington ad- vices relative to the bond issue and the probable outcome of the pooling bill fur- nished practically all of the day’s incentive to speculation. The delay in announcing the government's plans for restoring the gold reserve to normal proportions was re- flected in a restricted volume of business, prices holding well in spite of the dullness. Considering the amount of trading and the extent of fluctuations the industrials. with Chicago Gas and Sugar dividing the honors, were the most conspicuous and noteworthy features of the day’s business. The former was bought by traders on as- surances that the western situation was at last in harmony with the wishes of the new owners of the property. The usual rumors relative to the new boards assuming immediate control were again liberally circulated, with the usual element of official confirmation still lack- ing. The advance in Sugar today, aw on the previous days of the week, was due to manipulation based on the Improbability of legislative action. An the railway lst Louisville and Nash- ville was prominent at an advance of 1 per cent due, in the main, to a_covering movement by traders. Western Union was moderately active, at an advance of 1-2 per cent, and the grangers were generally steady, at fractional figures. Missouri Pa- cific opened up 7-8 per cent from final fig- ures, and added fractionally to its market value on the covering of a small block of stock. Missouri, Kansas and Texas reported an increase ef $25,111 in earnings for the fourth week in January, making a total increase of $234,000 for the month. Mis- souri Pacific decreased $9,000 for the former period, and reported total decrease of $1 000 for tne latter. For the same periods the Southern rail- way reported an increase of $25,111 and 23,4, respectively The withdrawal of $700,000 gold from the subtreasury was announced during the afternocn. Bankers Interested in the with- drawal intimated that the new bond issue was connected with the purpose of this action. The trading of the last hour was dull, with Louisville and Nashville the feature at the highest point of the day. a FINANCIAL AND COMMERCIAL. The following are the opening, the high- est and the ‘lowest and the closing prices ef the New York stock market today, as re- ported by Corson & Macartney, members New York stock exchange. Correspondents Messrs. Moore & Schley, No. 80 Brozdway: Low Close. 921g 92% % 385, American Sugar. ! 2... American Sugar Pfd. American Totacelt..... merican Cotton Oil Atchison Can G 9515 Minois Central Lake Shore. Notthern Pacitic Pfd. North Amer Ont. and W Pacitie Mail. Phila. and R Wheeling and T Wheel Union Tel. in. Central jo bid, 111% 206 0-year fund 5s, Water ter stock 7s 100 on ‘and bid, 149 i Gs, 2d, hid. ced. Wy i Js, series A, 113 bid. 6s, scries Bl 114 bi cony. 6s, 133 bid. bid! Chesapenk 103 asked. nd A., 100 Di ad Trust A. and’O., 100 pany Ist 6s, 110 bid. ny imp. 68, 110 bid. Gs, 107 bid. Washing- Washington Masonic Hall ington Market ton Market Com) Associa hington Light In try Ist Washington Light Infantry 20 7s, 100 bid. nal Bank Stocks. 290 m asked. Bank of the Rep 250 bid, n, 280 bid, 2 ask ed. Second, 136 130 bid. Columbia, 130 bid. "Capital, 1 end, 110 bid, 112% asked. — ‘Traders’, bid, 103 asked. ‘ational Safe Washington American Se- Washington 1. 4 asked. and Georgetown, 69 bid, 76 asked. . 33 asked. Eck: ‘enualiytown, asked. ‘Gas and Electric Light Stocks.—Washington Gas, Did, 48% asked. Georgetown Gas, 50 bid. U. : Light, 131 bid, 132 asked. Metropolitan, 681% bid. Arti merican, 16 ed. Colambia, bid, 8 asked. Peop __kitcoln,' 8 vid, $4 asked. Com Big asked, ‘Title Insurance. Stocks.—Real Estate Title, 108 bid, 116 asked: Columbia Title, 7% bid, 8 asked. Washington ‘Title, 5' asked. ‘District Title, 10 bid, 15. ask Potoma rman Pa iq bid, 6 as mereial, 4 Di Did, 143 asked.” Bull 20 asked. Mergenthaler ried by W. B. Hubbard, Price & GRAIN. Open. > Bag BANS 44 44 29 27 9: High. I Be 1 6.62 6.67 5.10 5.10 5.25 6.32 COTTON. Month. Open. High. February. . b.34 B34 March. + 5.40 5.43 May 5485.51 Iu 5.50 B.S DOWN CLOSE TO ZERO Cold Weather Felt in This Locality This Morning. Liable to Snow Tonight amd Then Get Warmer—Hard on Pipes— River Blockade. This has been a cold day, though the low- est point touched by the official mercury at the weather bureau was 2 degrees above zero. This low notch was reached at 6 o'clock this morning, and the temperature remained very nearly stationary for four hours, when it began to move upward. The day thawed out considerably toward ncon. Washington was more favored than the cities to the east. At Baltimore the mercury stood at zero, at Philadelphia and New York it was 2 degrees below, and at Buffalo 12 below. It it prophesied by the weather people that the cold snap is about over, and will be wound up this evening with snow, which is approaching from the west. Although the mercury reached a lower figure on Sunday last than at any other time this winter, it was lower be- tween 8 and 10 o'clock this morning than during a similar period of any other day. Storm Developing. A storm is developing in the middie gulf region, and as the three preceding snow storms have come from this section it is quite probable that the storm now on there will travel up along the coast and strike Washington within a few days. The storm has remained nearly station- ary over Newfoundland. The ridge of high pressure, extending from the north of Montana to the upper lake region, has increased rapidly in mag- nitude, a pressure of 31.38 inches—the high- est ever observed—being reported from Cal- gary. Rain has fallen in the middle and west gulf states, and snow in the Missouri, the middle and upper Mississippi valleys’ ond the upper lake region. ‘The temperature has fallen in the lower lake region and the Atlantic states, except Georgia and Florida, and in the northwest, and has generally risen elsewhere. ‘Throughout New England and the middle Atlantic states, including North Carolina and West Virginia, the temperature last night was as low as, or lower, than ever before recorded during the first ten days of February. The following heavy precipitation (in inches) was reported: Galveston, 1.73. Pipes Frozen. Last night was a bad one on gas meters and service pipes. Complaints at the gas ollice were coming in lively when the re- porter for ‘The Star called, and many more are certain to come in tomorrow, as very many householders will not know that any- thing is wrong until they try to light up to- night. The trouble is that the diaphram of the meters is »f leather well oiled, and this is what in most instances has frozen. Then often there is some condensation in the meter, and there is always a probability that this may freeze. Service pipes, es- pecially those which run across areas and are thus badiy exposed, have suffered from becoming choked with frost. The River Blockade. This is rough weather on the river. ‘he Potomac in the vicinity of Washington made, as the river people put it, two ang a half inches of ice last right and is Still making it. Below Alexandria, there is a thickness ranging from four to six inches, and around the city it is perhaps a little thicker than four. Navigation is suspended excepting so far as the great Norfolk and = 1gton propellers are concerned. ‘ney and go as though nothing had hap- pened to mar the even tenor of the way. All the sidewheele have stopped. The ferry boats shut down today, the Mattano is tied up, the Wakefield is frozen in at her dock, the Arrowsmith is out of commission and the Harry Randall is down stream, due teday, but is probably iced in. A number of oyster pungies und bugeyes and schooners are tied up at Riley’s dock, though three tows, pulled by the Templar, M. Key, broke through he price’ of oysters has erably, the rate ranging today Minerva and D. early today arisen cons! at the wharf from @ cents to $1 per bushel. The question of an ice gorge ts being talked of along the river front. It is the opinion that there is no immediate danger, but if the ice continues to thicken and the eak up comes, the usual danger will con- front the cit oo THE PARK A A Henring Today on the Petition for an Injunction. ‘Fhe injunction proceedings instituted on January 19 last by Mary Van Riswick, Vavarilla Lambert and Martina Carr against Gen. Thomas L. Casey, District Commissioner Chas. F. Powell, Prof. Samuel P. Langl Gen. H. V. Boynton and Mr. R. Ross Perry, composing the Rock Creek Park commission, to restrain the commission from making a proposed sessment of benefits alleged to have ac- crued to land adjacent to Rock Creek Park because of the establishment thereof, came up today before Judge Cox in Equity Court No. 2 on a demurrer to the original bill filed yesterday by District Attorney Birney. The petition for an injunction, which was ied at lengtn in The Star on the day alleges that the time for making the assessment legally has long since passed; that the ‘sessment is unauthorized to control the payment of the amount col- lected from the assessment; that payments to be made out of such amount have al- ready been made; that no benefits have inured to any land, and that the property of the complainants would be clouded and they would be subjected to a multiplicity of suits. It is further charged that the assessment would be the levying of a di- rect tax in aid of a natural object, without regard to the ruies of apportionment -pre- ribed by the constitution. ees If the park is a local concern, it 1s as- ioe ds act of September 27, 1890, is clearly unconstitutional, because it made an appropriation of $1,200,000 from the national treasury for the benefit and pri- vate use of a small number of the people of the country. The complainants charge iso that a few of the people of the Dis- trict would be assessed for the pleasure and enjoyment of the whole United States. ‘They say that the park has conferred no benefits upon real estate in the District. 'A general demurrer to the bill was filed yesterday and this morning. Arguments on the same were made by Assistant Dis- trict Attorney Hugh Taggart for the gov- ernment and Attorney T. A. Lambert for the complainants. “It looks to me like a case of crying before you're hurt,” said Mr. Taggart, in the course of his remarks. ‘The complain- ants should wait until the commission has actually done something. Mr. Lambert replied that the Court of Appeals of Maryland has ruled that a tax- payer is justified in proceeding by a bill in eauity to restrain the imposition, or a threatened imposition, of a tax in certain cases, even though it finally may not touch his property. The court reserved its decision. filed, NOT SARAH DIGGS. Identity of the Woman Who Left Here With Smallpox. The colored woman who went from here to Catletts station Saturday, and who was reported as having the smallpox, was not Sarah Diggs, as stated in the dispatch, but was Mary Morton. Sarah Diggs went with her to see that she reached her home. Mary Morton was in service at a house on 16th street near Scott Circle. It is probable that the authorities will quarantine the station where Mary got off the irain in their efforts to prevent the spreading of the dis- ease. irginla health =e S SWORN IN. Republican Candidate in Tennessee Takes the Oath. NASHVILLE, Tenn., February 6.—The legislative joint assembly met again today and the opening and reading of returns for governor was resumed. Objections to the vote of different counties was filed by Mr. Turney (dem.) and Mr. Evans (rep.). After the returns of the counties had been read Mr. Evans (rep.) took the oath of office as governor, which was admin- E A HAWAIIAN CABLE Tt Causes Quite a Lively Discussion in the Senate. A DIPLOMATIC APPROPRIATION ITEM The Administration Currency Bill Still Further Debated. SPEECHES FOR AND AGAINST The democratic margin in the Senate was eliminated today, when Clarence D. Clark, the new Senator from Wyoming, was sworn in“to fill the vacancy which has existed for two years. His credentials had pre- viously been presented. Mr. Clark is another of the young men who have recently come into the Senate, materially reducing the age average of that body. The credentials of Stephen B. Elkins of West Virginia, for the term beginning March 4 next as the successor of Mr. Cam- den, were presented by Mr. Faulkner cf West Virginia. Mr. Coke (Texas) submitted ihe creden- tials of his successor, Horace Chilton, for the term beginning March 4 next. Mr. Peffer’s Resolution Passed. The resolution of Mr. Peffer (Kan.) was agreed to, calling on the Secretary of the Treasury for information as to the kinds of money which had been realized from the sale of bonds. When the Vice President put the question on the resolution there was so little attention to it that no one voted. “It is a tie vote,” said the presiding of- ficer, “‘no votes in the affirmative and no votes in the negative.” Mr. Peffer insisted that he had voted aye in a low voice. The resolution was again put to a vote and agreed to. The bill was, passed to provide for the examination and classification of certain mineral lands of Montana and Idaho. The measure is of far-reaching importance to the far northwest, but by an understand- ing among Senators it went through with- out opposition or debate. The bill amends the measure already passed by the House. Some time after’ the bill had passed Mr. Gorman gave notice that he would move a reconsideration of the vote. Senate bill to repeal the law requiring the district judge for the southern district of Florida to live at Key West, Fla., was passed. ‘The diplomatic and consular appropria- tion bill was then taken up. The bill moved along smoothly until the two im- portant amendments were reached concern- ing Samoa und Hawali. The first proposed $6,000 for the execution of our treaty obli- gations with Samoa. It was expected this might precipitate a contest, but it was agreed to. The Hawalian Cxble. The Hawaiian amendment proposed an appropriation of $500,000 to begin the work of laying a cable between the United States and Hawaii and authorizing the President to contract for the entire work. Mr. Blackburn, in charge of the bill, Stated that he expected this item would occasion some debate, but he asked that it be passed over until the formal items of the bill had been disposed of. “before that is done,” interposed Mr. Mills (Texas), “I wish to make a point of order against the amendment, and 1 will ask for.a ruling now.” Mr. Blackburn urged~ that this would cipitate the whole Hawaiian debate, and ked Mr. Mills to withdraw the point ent. Chis was finally agreed gan (Ala.), chairman of the committee om foreign relations, presented an amendment embodying a comprehensive revision and reform of our foreign service. It is based on civil service principles and applies to the State Department, as well as to con- suls, ministers and other officers stationed abroad. Mr. Morgan siated that the mem- bers of the committee were substantially agreed on the amendment. A number of minor amendments to the bill were agreed to and the Hawaiian cable item then came up again. Mr. Mills renewed his point of order. He said the irauguration of such a vast plan was general legislation and therefore could not be added to an appropriation bill. The immediate decision of the point was put off in order to permit a general debate. Mr. Hale Favors the Cable. Mr. Hale (Me.) addressed the Senate in favor of cable connection with Hawail. He spoke of the enormous American com- merce with Hawaii. It exceeded the com- merce with any other one point, with the exception of Yokohama and Southampton. The government of Hawaii was now on a stable foundation. Mr. Hale said he would read an Associated Press dispatch just received from San Francisco concerning Hawaii. It stated that the steamer Aus- tralia had just brought information of Queen Liliuokalani’s abdication. The Sen- ator said this showed the old royalist ques- tion was a thing of the past. Mr. Hale said the survey of the cable route was already made, and this proposed appropriation of $500,000 would be the most judicious means of actually starting the project. Senators might suggest that if we built this cable we should then build other cables: But this was clearly an exceptional case. If there was quick telegraphic com- munication with Hawaii, it would material- ly aid in the establishment of stability on the island and the protection of American interests there. This was not an annexa- tion project, although the annexationists of Hawaii were undoubtedly united for the cable. “The annexation of Hawaii is sure to come—cable or no cable,” added Mr. Hale. The Senator spoke of the efforts of Great Britain to build the Hawaiian cable. We should not permit a foreign power to get this advantage. Cost of the Entire Work. Mr. Vest (Mo.) and Mr. Palmer (IIL) ask- ed the cost of the entire cable. Mr. Hale said he had had careful esti- mates made by cable experts. The dis- tance ajong the surveyed route was about 2,100 miles. The estimates showed the cost to be about $10,000 to $12,000 per mile. This weuld make a total cost of $2,500,000 to $2,600,000 for the entire cable. Mr. Hale said the recent unfortunate events on the island and the debates in Congress empha- sized the need of a cable, and he consider- ed the time opportune to commit the gov- ernment to this important plan. Mr. Allen (Neb.) asked what right this government had to enter upon the project. he same right,” said Mr. Hale, “that Jefferson had in adding Louisiana to our territory; the same right Mr. Seward had in securing Alaska.” How It Looks to Mr. Allen, “Does it not look like paternalism?” ask- ed Mr. Allen. He suggested an amendment that the Hawaiian cable should always re- main under government ownership and con- trol. Mr. Allen asked what difference there was between this proposition to construct and own a cable and government ownership of a railroad. Mr. Hale replied that if the railroad ran into a foreign country and involved a ques- tion of foreign policy, it would stand on the same principle as a cable. But that did not concede the government right to construct telegraph or railroad lines wholly of an internal and domestic character, Mr. Butler (S. C.) cited the United States survey of the Intercontinental raiiroad running to South America. Mr. Allen said he was glad to commit a representative republican representative democratic S ing government construction and ship of a foreign cable, or of a r: which was an adjunct to foreign commerce. He thanked Senators for “embracing this controverted doctrine ef populism. An extended debate follow: constitutional right of the government to own or construct reilroads, telegraph and cable lines, being participated in by Mr. Platt and Mr. Gray. Mr. Tellers Proposition, Mr. Teller (Col.) took up some general phases of the Hawaiian question. He laid down the rule of international law that the United States was bound to protect its citi- zens domiciled in Hawaii, even though they are enlisted in the service of the existing government. The House met again at 11 o'clock t to continue the debate on the bill to aj thorize the issue of $500,000,000 gold bon Before the House went into committee the whole the resolution of Mr. Livingston (Ga.) was passed, suggesting arbitration of the difficulty over the boundary line dis- pute between British Guiana and Venezu- ela, and also a bill granting to the Gila Valley, Globe and Northern Railroad Com- pany a right of way through the San Car- los Indian. reservation, corrected to meet the objections of the President in his veto message. Mr. Brosius (Pa.) was the first speaker on the financial bill today. He strongly, urged the necessity for immediate relief, = earnestly advocated the passage of the He made an eloqvent appeal to his re- publican colleagues to lay aside party Prejudice. In such a crisis, said he, ‘the représentatives of the people must be pa- triots before they are partisans. Mr. Little (Ark.) apposed the bill, on the ground that its passage would mortgage posterity to maintain the gold standard. He also antagonized the Cox substitute. Supported the Reed Substitute. Mr. Grow (Pa.) supported the Reed sub- stitute. 2s Mr. O'Neil (Mo.), Mr. McRae (Ark.) ana Mr. Newlands (Nev.) oppcsed the bill. The latter made a free silver argument, urging that it would raise the debt-paying ability of wheat, corn and cotton to old figures an bring a return of prosperity. Mr. Bland (Mo.) then gave notice of a substitute he had prepared. Mr. Warner (N.Y.), in supporting the bill, said he had been puzzled by some of the arguments adduced, both by the friends and opponents of this measure. It was a bill for the retirement of the greenbacks— for the redemption of a pledge made years ago to redeem the fiat money issued during the war. Amendments Considered. At 2 o'clock, under the special order, gen- eral debate closed and the debate proceed- , ed under the five-minute rule, the biil be- irg open to amendment in any of its parts. It was agreed that the substitutes of Mr. Reed and Mr. Cox should be considered pending. Mr. Springer then offered the amendments agreed upon by the commit- tee on banking and currency necessary to perfect the bill. The amendments making the bonds pay- able “‘at the pleasure of the government after ter. years” and due in fifty years was agreed to. Mr. Breckinridge (Ky.) gave notice of a substitute he should offer, providing for thaw issue of debt certificates, the coinage of silver buillon and the repeal of the state bank tax. The amendment to limit the amount of legal tenders retired by the amount of ad- ditional circulation taken out by national banks met with opposition from Mr. Walker (Mass.) and Mr. Coombs (WN. Y.), but it was agreed to—104 to 22. ————— THE DEMOCRATIC TIE. It Was Lost in the Senate When Mr. Clark Was Sworn In. The democrats Icst their tie in the Senate today. The loss of the tie is due largely to the fact that an odd number cannot be split evenly, and therefore the rules of mathematics would prevent any political body from having a tie in an organization composed o. eighty-seven members. This total of the Senate membership was reach-* ed today by the advent of Senator Clark of Wyoming, elected to fill a vacancy which began to exist two years ago next March. To this vacancy Mr. Beckwith was appointed by the governor of Wyoming after the legislature had adjourned with- out breaking the deadlock, but Mr. Beck- with was not allowed to take his seat be- cause it was decided that such appoint ments were illegal. Mr. Clark's arrival gives the republicans 89 votes, while the democrats have 43 and the populists 5. Thus the democrats are now one short of a majority, although they are in the plurality. The coming of Mr. Clark, therefore, does not change the position of the democrats in regard to the majority, so that the condition of affairs that has existed since the arrival of Mr. Mantle a few days ago is unchanged in this respect, but he strengthens the repub- lican side and makes their ranks stronger with reference to such questions as the Hawaiian matter. In respect to this case, it is now ascertained that Senator Hill will act with the republicans to reconsider the vote by which the Vest amendment to the Hawaiian resolution, expressing confidence in the administration and commendiag its policy, was adopted. So that even if Mr. Pettigrew should persist in voting h the democrats on this question, despite the numerous and vigorous protests ihat be has since been receiving from his constit- uents, the republicans have the votes to overturn the action of the Senate a few days ago. Just when this resolution will be brought up again is not known, but If may be that the republicans will wait un! Serator Wilson of Washington reaches the city. He will probably not reach here for a week yet, as he has the longest distance to travel to reach the Capitol of any man in the Senate. ——_—___-2-—______ DISTRICT GOVERNMENT. Smallpox Appropriation. The Commissioners have requested Sec- retary Carlisle to recommend for inclusion in the pending deficiency bill an estimate of $5,000 for the exclusive use of the health department during the remainder of the current fiscal year in the suppression of smallpox in the District of Columbia. Information Sen The Commissioners have transmitted to President A. E. Stevenson of the Senate reports from the superintendents of the white and colored schools of the District, containing infermation calied for by the Senate in its resolution relative to the en- roliment and attendance in the vublio schools of the District. Action Approved. The Commissioners have approved the action of the board of trustees of the girls’ reform school in removing William Slater, right watchman, and appointing Tobi Knott to the vacancy thus made, at @ compensation of $365 per annum, and ap- pointing Ray Galpin as laborer, vice Knott, promoted, and fixing his salary at $300 per aLnum. ‘To Show Cau The Commissioners have requested Mr, J. M. Dove to show cause or any warrant of law for the possession of 27th street between F and G streets, which is com- pletely obstructed by fences, sheds, pilea of wood, &c. Can Compel It. ‘The Commissioners have addressed @ communication to Mr. D. H. Hoover of 438 7th street, stating that the Anacostia Rail- way Company is not operating its Congres- sional cemetery branch, but it is believed that any citizen who is aggrieved th can compel the operation of the through the courts. To Prevent Dumping. ‘The major and superintendent of police has been directed by the Commissioners to prevent dumpirg upon D street between 14th and 15th streets southwest. Garbage Disposal. Health Officer Woodward has calied the attention of the Commissioners to the fact that there is no provision at present for the daily collection of garbage of May and June of thi he says, © or last ye : month. He tio: be secure r Iss Inspection F. D. Shoemaker, i ported to the Commi: apy the of F , of flour, has that he in- The s p.m. 9; maxim Se The Farmers’ Alliance C¢ a leigh last evening adopted resolutions op-"~* pesing a bond fssue as unnecessary and favoring th nent of treasury notes in silver as gold. neil at Ra-, pay Has