Evening Star Newspaper, March 16, 1895, Page 1

"THE EVENING STAR. nae egret PUBLISHED DAILY EXCEPT SUNDAY AT THE STAR BUILDINGS, 1101 Pennsylvania Avenue, Cor. 11th Street, by The Evening Star Newspaper Company, 8. H. KAUFFMANN Pres't. New York Office, 49 Potter Building. a The Evening Star ts served to subscribers in the City by carriers, om thelr own: account at 10 cents week, or 44 Yer month. | Copies at the ¢eunter 2 cents each. By mail—anywhere in the United States or Canada—postege prepaid—50 cents Saturday Qui a With sieinrday Quintuple, Sheet Star, $1 per year (Entered at the Post Office at Washington, D. C., @s8 second-class mail matter.) £7 All mail subscriptions must be paid in advance. Rates of advertising made known on application. — Che £oening Star. No. 13,114. WASHINGTON, D.C., SATURDAY, MARCH 16, 1895—TWENTY-FOUR PAGES. TWO CENTS. Te proof of te pudding is in f§e eating. Yesterday's Sar contained 43 cofumns of advertisements, mare uz of 623 separate announce: ments. Bese advertisers foua$t pubficifp—not merefp space. : THE ALLIANCA CASE. Ground of Secretary Gresham's De- mand on the Spanish Government. HIS ACTION CRITICISED BY DIPLOMATS Position of the United States to Enforce Its Demand. LARGE FLEET AVAILABLE + —_ Secretary Gresham is still: a very sick men. He spent several hours at the State Depariment this morning im corisultation with Mr. Uhl and Mr. Adee, and was then compelled to go home to rest. A Star re- yorter saw him at the Arlington Hotel this afternoon and was informed that he had not received any word from Minister Tay. ler at Madrid in regard to the Allianca affair, and also that there had been no developments in that case. Great interest is manifested in the matter im official circles and the war fever in- spived by Secretary Gresham’s peremptory dgmand upon Spain for an apology appears td be spreading. There is an impression in some circles that the Spanish government will make its reply by merely handing Minister Taylor his passports and severing #1 diplomatic relations with the United ‘tates. This would place the countries in the position now assumed by Venezuela ‘oward Great Britain, France and Den- park. Ground of Mr. Gresham's Clajm. Secretary Gresham's claim that Spain has no right to interfere with United States vessels which may enter within the titee-mile limit of Cuba in transit to other ports is based on a decision made by Judge French in the Alabama c’lmims contro- versy. In his decision gudge French held that there was no authority for the stop- page or detention of a mail steamer which is pursuing her usual route, even if that route lay at places within the three mile shore limit and so within the marine juris- diction of the power seeking to stop the ship. If this is held to be sound doctrine, then of course the Syanish government might properly make reparation for the action of its cruiser, even should it appear that the Allianca was within three miles of Cape Maysi, as the Spanish minister here believes. On the other hand, if this decision is not of effect, then what is known as the headland theory of juris- diction will probably play an important part in the adjustment of the matter. Ac- cording to the contention of Great Britain in the Fortune bay case, in which the United States has acquiesced, the line of marine jurisdiction is drawn three miles from a line running across from headland to headland in the case of a bay or a de- pression in the general coastline The Spanish authorities evidently take the po- , sition, at this time, in the absence.of exact advices, that the Allianca was within such a line, and so within their jurisdic- ton, althowsh the ship may have been ac- tually more than three miles from the nearest shore, Mr. Gresham Criticixed. As might have been expected, Secretary Gresham is severely criticised by his political opponents for his course in the Allianca affair. There are many persons outside of the pale of national politics, however, including several prominent dip- lomats, who believe that he has allowed his patriotic zeal to warp his sober judg- ment in his treatment of this important international incident. These critics unite in the opinion that he erred in demanding reparation and an apology before Spain had been given an opportunity of present- ing its side of the case. According to them, it was only fair that judgment should be suspended at least until the Spanish naval officer, alleged to have been responsible for the outrage complained of, had reported the matter to his own gov- ernment. According to one diplomatic au- thority, this report might have been en- tirely unsatisfactory to the Spanish gov- ernment, in which event the officer would be court-martialed and a proper apology offered to the United States, without even the suggestion that such a thing was ex- pected. All nations insist on the right of independent investigation in such matters, and the United States in particular has always assumed that position when charges have been lodged against any of * its representatives or its citizens. Inconsistency Alleged. Another criticism made against Secretary Gresham's policy in this case is that it is altogether inconsistent with his attitude in the New Orleans affair, involving an as- sault on a citizen of Great Britain, and in the Walsenburg affair, involving the re- sponsibility of the United States for the lynching of several subjects of Italy. The three ificidents occurred about the same time, and are now the subject of diplo- matic correspondence. Although British blood was shed at New Orleans and Italian subjects were killed at Walsenburg, the United States government, so far as known, says this critic, has expressed no regret, nor has it promised any reparation + for the occurrences, pending its own in- » vestigation of them, yet it has called on Spain for an apology for an act of which that government is ignorant, and which, - by force of circumstances, it has been un- able to ‘investigate. The Uni States’ Uutimatam. In the possible event of its becoming nec- essary, the United States government is better prepared at the present time than ever before to enforce compliance of its ultimatum to the Spanish government as @ result of the Allianca incident. As stat- ed in yesterday’s Star, Secretary Gresham has notified the Spanish government that further interference with legitimate Amer- ican commerce in the “‘windward passage,” the natural and usual highway for vessels ¢ nilying between ports of the United States and the Caribbean sea, the scene of the Allianca insult, will not be tolerated, and that Spanish naval commanders shall be probsited from committing “all acts wan- tonly imperiling life and property lawfully under the flag of the United States,” with- out regard to questions of jurisdiction, in the absence of a declared state of war. In addition, the Spanish government was call- ed upon to express “prompt disavowal" and “regret” for the Allianca incident. ‘There is an impression that the Spanish government will be loath to meet these de- mands, and that if it does not repudiate them at once in toto it will defer its reply at least until it has 1eceived the report of the officer in command of the warship al- leged to have fired on the Allianca. Prepared to Protect American Inter- ests. Regardless of the action of Spain, the United States ts fortunately better pre- pared now than ever before to protect its commercial interes in the West Indies. If it becomes necessary there can be con- centrated on the coast of Cuba, within a week's time at most, a fleet of warships immeasurably superior to any similar force of Spain. This condition 1s more the re- sult of circumstances than design, and Is due primarily to the fact that the principal part of the home squadron has repaired to neighboring waters for fleet evolutions and exercises, In accordance with a program - Prepared months before anybody ever dreamed of any occasion for their pres- ence there for the maintenance of the national honor. A Powerfal Array of Warships. Never befcre has the United States had such a powerful array of warships in the -Caribbean sea. The fleet is in command of Rear Admiral R. W. Meade, than whom there is no better or more partiotic officer in the navy. It comprises the armored cruiser New York, Capt. R. D. Evans, of 8,200 tons, carrying six eight-ineh and twelve rapid-fire, four-inch guns; the triple-screw flyer Minneapolis, Capt. Wad- leigh, of 7,375 tons, with, one eight-inch, two six-inch and eight rapid-fire four-inch guns; the cruiser Cincinnati, Capt. Glass, and the cruiser Raleigh, Capt. Miller, sister ships, of 3,213 tons, and each carrying one six-inch and ten rapid-fire five-inch guns; the Roach cruiser Atlanta, Capt. Cromwell, of 3,025 tons, with two eight-inch and six six-inch guns, and the cruiser Montgomery, Commander Davis, of 2,074 tons, carrying nine rapid-fire nine-inch guns. These are all new steel cruisers, provided with the best modern armament, and, with the ex- ception of the Atlanta, capable of the highest speed. Although somewhat scattered at present they can easily be concentrated at any given point in the Caribbean sea or Gulf of Mexico in less than a week’s time. The New York, Minneapolis and Cincinnati are at La Guayra, Venezuela; the Atlanta and Raleigh are at Colon and the Montgomery is on the Honduran coast. As already said, these vessels constitute a force overwhelm- ingly greater than that of Spain at present available for service in Cuban waters. Reinforcements if Necessary. Other vessels that can speedily reinforce the squadron are the triple-screw cruiser Columbia, which is under orders to sail from New York next week to join Admiral Meade’s fleet, and the cruiser Chicago, Capt. Mahan, of 4,500 tons, carrying four 8-inch, eight 6-inch and two 5-inch guns, which arrived at Bermuda today from Eu- rope. The Columbia is a sister ship to the Minneapolis, and carries the same number and character of guns. Other vessels that can be made available within a few weeks are the battleship Maine, 6,682 tons, with four 10-inch and six 6-inch guns; the new monitor Puritan, 6,060 tens, with four 12- inch and six rapid-fire 4-inch guns, and the modern monitors, Miantonomoh, Amphi- trite and Terror, 3,900 tons each, and each carrying four 10-inch guns. These vessels are at navy yards on the Atlantic coast and can be put in commission gt short notice. Two other vessels that could also be utilized are the nondescript Vesuvius and the old wooden man-of-war Lancaster, now receiving a modern battery at New York. Thus it appears that the United States is fully prepared to maintain any position it may assume with Spain with regard to the free and unmolested naviga- tion of the waters of the West Indies. Form of Apology. In the event of Spain’s apologizing for the Allianca affair the question has arisen as to what form the apology will take. In diplomatic usage an expression of regret is often accompanied by an offer to salute the flag of the country to which international discourtesy has been given. ‘This was the course of the United States in salutirg the French flag in 1855, and saluting the Brazilian flag in 1866. In the former case the French flag was saluted as a means of apologizing for an indignity against the French consul at San Francisco. Mr. Marcy, the then Secretary of State, first offered to make the apology by saluting the French flag on a French man-of-war, stopping at San Francisco. Count de Sartiges, the French minister at Washington, asked in addition that when the consular flag at San Francisca was rehoisted it should receive a salute. This was declined by Mr. Marcy. France was not satisfied, but after some months the French government agreed to accept as sufficient satisfaction an expression of re- gret by ie government of the United States, coupled with the provision that “when a French national ship or squadron shall appear in the harbor of San Fran- cisco the United States authorities there, military or naval, will salute the national flag borne by such ship or squadron with a national salute, and the French ship or squadron whose flag is thus saluted will return the salute, gun for gun.” The sa- lute to the flag was thus given and with such apology the incident closed. The Brazilian Incident. In 1866 the United States sent a man-of- war to Brazil for the express purpose of offering an apology by firing a salute to the Brazilian flag. The United States had previously seized the confederate ship Flor- ida at Bahia, Brazil, thus violating the neutrality laws. Mr. Seward, then Secre- tary of State, announced a purpose to make full apology, including the dismissal of the United States consul at Bahia, who advised the attack, the court-martial of the United States naval commander who committed the offense and a salute-to the Brazilian flag. The last feature of the apology was executed with much ceremony on the very spot where Brazilian neutrality had been invaded. In the Virginius case the United States demanded a salute of our flag as apart of the reparation from Spain, but the salute was afterward waived on its appearing that the papers of the Virginius were based on_a false affidavit. ‘The official salutes of the United States to foreigners is made up of as many shots as there are states in the Union. The salute to the President in his fleet 1s a fixed num- ber of twenty-one guns. Should Spain sa- lute our flag {t would probably be by firing twenty-one guns. ‘The Spanish Minister's Position. Senor Muruaga, the Spanish minister, is calmly awaiting developments, but up to necn today he had not heard from the State Department or from Spain concern- ing the Allianca affair. It was reported that the minister had been at the State Department during the morning, but this was not the case, and as Secretary Gresham is dealing directly with the Span- ish officials at Madrid, Senor Muruaga feels that he will have no occasion to ecmmunicate with the department unless Mr. Gresham should send for him. The minister said today that he hoped the excitement over the affair would not prevent temperate and good-natured con- sideration of the case. He has been frank and outspoken concerning it, but does not want this to be mistaken for frritation, or lack of diplomatic courtesy to the author- ities here. ‘At the very outset,” said the minister, sought Mr. Uhl, the acting secretary, and assured him that if the facts disclosed that the Spanish boat was in the wrong an apology would be made, and my only desire has been to have official action based on established facts.” —___e+______ ONLY THE MAINE AVAILABLE. Discus: om at the Brooklyn Navy Yard of the Outlook. BROOKLYN,N.Y., March 16.—The utmost interest was expressed by officers at the Brooklyn navy yard today in Secretary Gresham’s demand upon Spain to explain the firing on the Allianca. Preparations are being made to respond to any orders that may come from Washington to have the few ships now at the navy yard ready for sea ‘n case they are wanted. It is the general opinion, however, among the officers in Brooklyn that if any vessels are called upon to patrol the Cuban coast they will be taken from Admiral Meade’s squadron, now in the West Indies. ‘The Maine is about the only warship now at th> navy yard which could be made ready for sea on short time. The battte~ ships Puritan and Terror are still in course of construction. The Vesuvius left the navy yard several days ago to blow up dere- licts in the sound. —_—_ The Franking Privilege. Postmaster General Bissell has issued an order changing the postal regulations, in accordance with the law passed by the last Congress, in relation to franking. Under the new regulation all officers of the United States, and more especially Congressmen, may avail themselves of the franking GOODMANNOTGUILTY |ROCK CREEK'S RUIN) AN |MPENDING WAR Acquittal of the Man Who Killed Colonel Parsons. HE OFFERED PLEA OF SELF-DEFENSE Said He Thought That He Was to Be Attacked. THE JURY BELIEVED HIM CHARLOTTESVILLE, Va., March 16.— A. Goodman, charged with the murder of Col. H. C. Parsons, was acquitted this morning. Friday, June 29, 1894, the startling in- teliigence was received in this city that Col. H. C. Parsons, builder of the Rich- mond and Alleghany railroad, and owner of the Natural Bridge property, and a man of national reputation, had been shot and instantly killed by T. A. Goodman, a con- ductor on the James river division of the C. and O. railway, in the lobby of Gladys Inn, at Clifton Forge, Va. : Goodman and Parsons had been on bad terms for years, Parsons claiming that Gcodman had been rude and cruel in his treatment of Miss Parsons, a daughter of the colonel. The Parsons family had a pass over the road, and on a certain occasion Miss Par- sons boarded Goodman's train without having the pass in her pocket. demanded fare, and it is said threatened to put the young lady off the train if she failed to pay. She had in her possession no morey and was forced to borrow from a passenger. Col. Parsons resented this and a coolness sprang up between Goodman and the Parsons family. Col. Parsons’ Letter. Parsons finally wrote to the Chesapeake and Ohio authorities complaining of Good- man’s conduct, declaring that the con- ductor’s manner was so offensive that members of his family would not ride on Gcodman’s train, and then said that he had heard that Goodman was a man of bad morals, who had carried women on his train for improper and immoral pur- poses, and had made improper overtures toward a Mrs. Staples. He asked the offi- cials to investigate these rumors. The Fatal Meeting. Steps were taken by the Chesapeake and Ohio people to investigate, but in the mean- time Parsons and Goodman met at Gladys Inn. The fatal letter of Parsons was un- signed, but the absence of the signature was conceded to have been an intentional omission, as there was everything in the letter to show that it was from Parsons. Goodman called Parsons out of the lobby, showed him a copy of the letter, asked tf he was the author, to whicn Parsons re- plied in the affirmative. Gcodman demanded a retraction, which Parsons declined to make, and Goodman then shot him down and killed him. Gcodman was tried in the county court of Alleghany in August following. Convicted of Murder. The jury found him guilty of murder in the second degree and fixed his punishmert at eighteen years. An appeal was taken to the circuit court, and Judge McLaugh- lin granted a new trial. The case was re- moved to the county court of Albemarle, and the second trial began at Charlottes- ville on Tuesday, March 5. Goodman’s defense was, as he testified on the stand, that when he showed Parsons the letter Parsons threw it down con- temptuously and said: “I do not consider either you or your family,” or words to that effect. That he then demanded a re- trection and Parsons threw his hand to his hip pocket, as though he would draw a pistol, and, believing that Parsons was going to kill him, he drew his pistol and fired to prevent his own destruction. It is evident that the Albemarle jury believed Goodman's statement and ren- dered a verdict of not guilty. JUDGE HARDESTY OBJECTS. His Fee jn the Robinson Murder Case Was Not Paid. BUFFALO, N. ¥., March 16—When court opened today Judge H&rdesty stated that as his fee was not forthcoming he desired to withdraw from his connection as coun- sel for the Robinsons, accused of the mur- der of Montgomery Gibbs. The court said: “Mr. Hardesty, the court cannot permit you to retire from the de- fense at this time. The court will assign you to the defense.” ‘ The two defendants looked more cheerful when they took their seats, and Sadie Rob- inson, particularly, acted as if her opper+ tunity to talk yesterday had done her ®’ world of good. Before Assistant Superintendent Cusack hud left the stand last evering he had said that Mrs. Robinson’s statement to him on the train en ronte from Cleveland had been heard by two reputable citizens of Buffalo, H. M. Gerrans of the Hotel Iroquis and Arthur D. Bissell, ex-collector of this port. ‘The latter was called to the witness box today, and identified the woman defendant as the prisoner he saw with Mr. Cusack on the train. He testified that he overheard much of the conversation between them relative to the crime, and thet Mr. Cusack made no threats and promised no immun- ity to the woman to induce her to talk. Said Mr. Bissell: “The young woman seem- ed anxious to talk. She told how she and her husband started out to rob somebody, and how they tackled Gibbs and shot him, She said, ‘His groans were awful, and we Mr. identified Mrs. Robinson as Cusack’s pris- oner on the train;"said she talked contina- ously, despite Mr. Cusack’s efforts to keep her quiet; Mr. Cusack said nothing to her about getting revenge on her husband, or in suggestion to her as to what she was Gerrans followed Mr. Bissell. He cen 3 he said very lit- le. Cross-examination fatled to shake the stories of either Mr. Bissell or Mr. Ger- rans in any particular. Stenographer Denny of police headquar- ters swore to the written confession as Sadie Robinson’s statement. . Clerk Bilse also swore to seeing Mrs. Robinson sign her confession and identified the r and her signature. He said she read it over carefully and made some cor- rections in lead pencil. Court was adjourned until Monday morn- ing. . eS POSTPONED UNTIL MONDAY. ‘The Hearing of Chas. A. Dana, Charg- ed With Criminal Libel. NEW YORK, March 16.—The hearing in the case of Charles A. Dana, who is charg- ed with criminally libeling Frank B. Noyes of Washington, D. C., was to have taken place before United States Commissioner Shields today. By agreement between counsel the hearing was postponed until Monday morning at 11 o'clock. ———__. Paymaster Hatton’s Assignment. Mr. Richard Hatton of this city has suc- cessfully passed the examination for ad- mission to the navy as an assistant pay- master, and will be temporarily assigned to duty on the receiving ‘ship Minnesota at New York. When the ram Katahdim privilege for all correspondence relating to pees into commission during the summer e wi public business of any nature. ill be attached to that vessel. Goodnvan 4 Gen. Boynton of the Park Commission Ex- presses Vigorous Views The Kenilsatom Plan ‘Weulé Change the Stream to an ©pen and Stagnant Setter. The proposition of the péople of Kensing- ton to empty their proposefl sewerage sys- tem inte Rock creek has ‘arouséd a storm of opposition among thos who ‘are inter- ested in preserving that stream‘from pol- lution and in the improvement of Rock Creek Park. The members of the Rock creek commission arc: takimg ‘a keen inter- est in the matter, feeling thentselves di- rectly concerned. “A greater outrage could not be perpe- trated. than the carrying, out of this plan,” said Gen. H. V. Boynton, a member of the Rock creek commission, to a Star reporter today. “It would be an outrage upon the people of this city and upon the govern- ment, which has expended $1,200,000 upon this park. To convert the upper portion of Rock creek into an open sewer would mean the destruction of the park. “The Fock creek commission took the trouble to obtain land on both sides of the creek ov* to the District line. This was done for two purposes; chiefly, however, to preserve the stream from pollution by Sewerage from improvements along its banks. Another purpose was to obtain ground in the lowlands for the construc- tion of a series of lakes. If 1 remember right, it was estimated that we could get one mile of lakes by a simple system of dams, It will be utterly impossible to carry out this plan if the creek is converted into a sewer for Kensington. I think that means should be taken at once to prevent the de- struction of the park in this way. If it be- comes necessary, the courts should be called upon to enjoin the work of emptying <ensington sewer into the creek. In ork, along the watershed of the Cro- ton Aqueduct, entire villages were wiped out to prevent the pollution of the water supply. A similar thing was done in. Massa- chusetts, and I should think that power would lie somewhere to cover the present case. < “I would rather see the government con- demn Rock creek to its very head waters and purchase the adjacent land than to have this thing happen. I cannot believe for a mpment that it will be permitted to ruin Rock Creek Park and convert the creek into a sewer in the manner pro- posed.” What is Said at Kensington. Kensington was in quite a ferment last evening over the publications in The Star in regard to the proposed sewerage plans. Citizens said that there was some misap- prehension as to their attitude in this mat- ter. At the citizens’ meeting which ap- pointed a sewerage committee the whole subject of disposing of sewerage from a village of the present or prospective size of Kensington was thoroughly discussed. At the meeting, it is said, the ground was taken that the people of Kensington had no legal or moral right to potlute or render unfit the water of any running stream. Two propositions to avoid these difficulties were made at the meeting. One was to collect the offensive drainage in large vats eenveniently located, to deodorize the same, and dispose of it as liquid™fertilizer on the farm lands in the -vicinity: The other plan discussed was that of drying all objectionable matter by means of fire and chemical absorbents, and disposing of the product in a commercial ‘way. The sewage cemmittee was finally em- powered, as a temporary expedient for the coming summer, to seek permission from the property owners most dfrectly interest- ed to extend a small sewer froni its pres- ent terminus to a small run emptying into Rock creek. This run, it was thought, con- tained enough water to purify, in running a short distance, all the drainage that would be turned into it. Wheré the pro- posed sewer Is to end is about a*mile from Rock creek. — ees CAPT. SHEPARD’S FUNERAL. Services Over the Remains«Changes Caused by His Beat! ‘The funeral services over the remains of the late Capt. L. G. Shepard, chief of the revenue cutter service of the Treasury De- partment, were held this afternoon at the Church of the Covenant. There was a large attendance of the social and official friends of the deceased, and the treasury was represented by many of its leading men, Chief McLennan of the warrant di- vision, Chief Comstock of the customs, Chief Kimball of the life-saving service and Chief Roads of the stationery division acting as pallbearers on behalf of the de- partment. After the conelusion of the services the body was taken to Dorchester, Mass., where it will be buried in the old Shepard family lot. | Changes That Will Result. jhe death of Capt. Shevard will result ih the following promotions in the revenue cutter service: First Lieut, C. F. Shoe- ithaker, commanding the Hudson, ‘at New !¥ork, to be captain; Second Lieut. C. B. | fengar, attached to the Boutevell, at Savan- nah, to be first Heutenant; Third Lieut. C. M. White, attached to the Bear, at San Francisco, to be second Heutenant, and will increase the number of vacancies in the list of third lieutenants to six, to be filled by selections from the list of cadets. Under the law, Capt. Shepard’s successor as chief of the revenue cutter division of the Treas- ury Department must be a captain of that service. The selection reste with Secretary Carlisle, and will probably be made in a short time. —__—_—_+ e+ —___. TO HELP GREEN OUT. A Petition Circulated Among Mem- bers of the Police Force. A move has been made by friends of Po- liceman Adwin W. Green, who shot and killed Réuben Foster in Anacostia on the night of March 4, to make up a purse to as- sist in defraying the expenses incurred in securing counsel, witnesses, etc. and to this end a petition is being circulated among the members of the’ police force, as follows: “Brother officers: As you are all aware, Mounted Officer Adwin W: Green of the fifth precinct accidentally shot and killed Reuben Foster of Hillsdale while main- taining an arrest for felony pm .the 4th of March, 1895. “Officer Green has been at. heavyyexpense securing counsel, witnesses, etc. The most important witness, a race track jockey, had left the District, and it required several days of energetic werk and” considerable ‘expense to locate and secure him. “In view of the above’fa¢ts the members of the department are respectfully asked to donate a small amount, as we regard this a matter that appeals to us all.”” ‘The statements in this petition represent the officer’s side of the case,and it is stated that this showing made before the grand jury was the reason why the charge was ignored. The jockey referred to, it is said, gave the evidence which settled the mat- ter before the grand jury. It is claimed that he figured in the fight the night previous to the arrest and shoot- ing of Foster. The men were engaged in a game of crap, so it is stated, and when Foster cheated there was a quarrel, which it is said resulted in Foster’s attacking the jockey and robbing him. _, ‘This made the offense a fMony instead of a misdemeanor, so it is cl and jus- tifled the arrest, which th ice was re- quired to maintain. Under this condition of a it 1s sald, regard Green's }& -tiflable, and many of them lined to*assist him in di penses incurred in defendi: 3 irs the police, Ing the ex- case, Patent Attorneys and Inventors Arrayed Against the Patent Office. CRITICISING «= THE — COMMISSIONER Detailed and Specific Charges Are Freely Indulged In. MAY REACH THE COURTS The United States patent office is the storm center of the government just now, and a tempest of criticism that has been gathering and growing ever since the pres- ent administration came into power is breaking around the figure of Commis- sioner John S. Seymour. Every patent at- tcrney in Washington and every man sim- jlarly engaged in other cities is adding his breeze to increase the fury, and the re- sult may be important before another moon changes. Almost any patent attor- ney you meet is willing to discuss the con- ditions leading up to the present crisis and to openly assail Mr. Seymour’s manage- ment of the office from his assumption of it to the present time. The gist of these criticisms may be stated in a few words. The last three commissioners of patents have been Connecticut men. Mr. Mitchell, whom President Harrison appointed ‘n 1889, and Mr, Simonds, who succeeded him in 1892, were both patent lawyers, and the latter, while In Congress, had been chair- man of the House committee on patents. Mr. Seymour, who was appointed by Presi- dent Cleveland, was not a patent lawyer and disclaimed any special knowledge of patent law when he appeared and gave his testimony before the Senate printing committee, which was investigating the matter of the change in the contract for printing the Patent Office Gazette, anc which was brought abou‘. by sensational publications, in which it was alleged that Josiah Quincy had influenced the action of the patent office authorities in the matter. How He Was Selected. Mr. Seymour's appointment, it is freely said, was due to the intimate friendship existing between himself and President Cleveland’s bosom companion, E. C. Bene- dict. The latter requested the place for Mr. Seymour, and the President, who had met and liked the latter while with him on a yachting trip on Mr. Benedict's boat, granted the favor. When Mr. Seymour took charge of the office it was freely published in the papers that he intended reforming the system and modernizing the office and getting rid of the dead wood it contained. Patent attor- neys assert that Mr. Seymour began his re- form with the opinion that inventors as a rule were deserving of no encouragement, and that the policy adopted tn the pension office of discrediting every claimant as far as possible was permitted, if not directed, to obtain in the patent office. Inventors Grow Indignant. Naturally inventors resented thts attl- tude. They hold that the government gives them nothing except a title to what they have themselves created, If they can keep their inventions seoret they can enjoy them indefinitely. It was to prevent the secret practice of valuable improvements, with possible loss of the invention, they say, that first induced the grant of patents, for “patent” means public. The first knowledge that inventors had of the hostile sentiment held against them by Commissioner Seymour leaked out, it is said, from Mr. Seymour’s sharp rebukes of the examining corps for too great liber- ality in the allowance of patents. Ordi- narily and heretofore the examiners had to determine what was patentable -and what not. Most of them had come into office by the civil service route, and a ma- jority of them are lawyers, mechanical ex- perts or graduates from the technical col- leges, and in the main their action had been considered fair and lawful by former commissioners, but, it is charged, their continuance of such a course did not please Commissioner Seymour. He rebuked the examiners and removed some six or eight of the examining corps, and is alleged to have appointed others on whom he could rely in carrying out his chosen policy. It is also declared with positiveness that Com- missioner Seymour ordered several hun- dred cases that had been allowed to be withdrawn and re-examined. Since that time it is asserted that the entire corps of examiners has been practically under duress. It, is also openly charged that Commissioner Seymour perceived that there was still a chance for the inventor to get a hearing before the board of ex- aminers-in-chief in case he was not treated in accordance: with his expectations by the examiner below, and that he determined to prevent as much as possible the chances for a reversal of the decisions of the ex- aminers. ‘ Sumniiry Removals Made. In pursuance of this purpose it is alleged that he summarily removed two of the three members of the board of examiners in chief. These gentlemen were Messrs. Clark and Bates, and there was no limit to the indignation among patent attorneys over their sudden dismissal. Their long service and their complete familiarity with the practice and law governing the office had given inventors great confidence in their judgment. Immediately upon their removal being announced the commission- er was deluged with letters protesting against his action. Every patent attorney in Washington signed a paper urgently praying the action to be rescinded and sim- ilar documents signed by every practicing patent attorney in the respective cities were sent from New York, Philadelphia, Chicago, Boston and wherever the prac- tice of patent law is followed to any ex- tent. No notice was taken of these ap- peals and no reason was assigned for the removal of the examiners in chief. Two of the younger members of the examining. corps, Messrs. Breitzenstein and Greeley, were selected as successors to Messrs. Clark and Bates, and it is understood that Mr. Seymour proposes to appoint two clerks as examiners in defiance of civil service law. It is reported that the gentle- men selected are James T. Newton and L. H. Campbell. Mr. Newton was formerly a clerk in the law office of Secretary Hoke Smith in Atlanta, Ga., and was a law clerk in Commissioner Seymour's office until he was appointed chief clerk of the patent office, a position he now holds. Mr. Camp- bell is a law clerk at present in the com- missioner’s office. Commissioner Abrogates the Law. The criticisms do not cease when the commissioner’s alleged manipulation of the personnel of the patent office is concluded as a topic. He is charged with having de- liberately disregarded and set aside the law of the land governing patents and replaced a United States statute with a ukase of his own, Section 4894 of the Revised Statutes gives an inventor two years in which to com- plete his application or to prosecute the same after any action taken by the patent office, of which notice shall have been given him. Section 4903 provides as follows: “Whenever, on examination, any claim for a patent is rejected, the commissioner shall notify the applicant thereof, giving him briefly the reasons for such rejection, together with such information and refer- ences as may be useful in judging the pro- priety of renewing his application, or of al. tering his specification, and, if after re- ceiving such notice the applicant persists in his claim for a patent, with or without altering his specification, the commision- er shall order a re-examination of the Rule 65 of the rules of practice of the United States patent office has been for years almost precisely identical in lan- pouage with the statute, It reads as fol- lows: “Whenever, on examination, any claim of an application is rejected for any reason whatever, the applicant will be notified thereof. The reasons for such rejection will be fully and precisely stated, and such information and references will be given as may be useful in aiding the applicant to judge of the propriety of prosecuting his application, or of altering his specification; and if, after receiving such notice, he shall persist in his claim, with or without alter- ing his specification, the application will be re-examined. If upon re-examination the claim shall be again rejected, the rea- sons therefor will be fully and precisely stated.” This rule has long been regarded as one of the most important in effect in the office. Commissioner Seymour, however, has issued a circular, in which he an- nounces the repeal of rule 65, and the adoption of the one which follows in its place: “An applicant will be considered to per- sist in his claim for a patent without altering his specification in case he fail to act in prosecution of the same for six months after the office action thereon, and thereupon the examiner will make a re-examination of the case.” The commissioner orders that this change will go into effect April 15, and patent attorneys claim it will not take the courts long to decide whether or not the com- missioner is powerful enough to disregard and set aside a deliberate law of Congress. Patent attorneys also assert that the lan- guage of the proposed new rule is so vague and involved that no one can under- stand what it means. Continuing the Criticisms. The action of the commissioner in char ging the rule governing appeals is also severely animadverted upon. The old rule, 134, which governed the prerequisites for appeals, read as follows: “There must have been two rejections of the claims as originally filed, or, if amend- ed in matter of substance, of the amended claims, and all the claims must have been passed upon, and all preliminary and inter- mediate questions relating-to matters not affecting the merits of the invention set- tled, before the case can be appealed to the examiners-in-chief.”” Commissioner Seymour, in the recent or- der, rescinds this rule, and orders the adopticn of the following in its place: “In appealable czses in which no limit of appeal is fixed, no appeal will be entertain- ed by any tribunal in the office unless taken within six months from the action which puts the case in condition for ap- peal, unless it be shown to the satisfaction of the commissioner that such delay was unavoidable.” Final Samming Up. Attorneys claim, furthermore, that their clients cannot get the same treatment from the patent office as they did formerly, and present figures to support the assertion. They point out that the average number of applications for ten years has been 38,263, while the average number of patents granted was 23,058. Last year, they say, there were 38,439 applications, besides some 6,000 remaining over, which surplus was reduced during the year to about 4,000. Patents granted were 20,867, making the reduction in the proportion about 15 per cent. They further claim that by reason of Commissioner Seymonr’s policy the re- duction in the net revenue to the office in 1894 was almost precisely the amount of the 3,000 final fees on the applications for- merly allowed, but now rejected, and state that while the average ret revenue of the patent office for the last ten years has been $158,743, the revenue for 189, on an increased business over the average, was $87,392. Patent attorneys say that as pat- ents are reduced in number applications will fall off, as honest attorneys cannot help telling their clients that matters which have been always heretofore held patentable are not so held under the pres- ent system in vogue in the patent office, and that this is not owing to any change in the laws governing patents, but is wholly due to the perscnal views of the commissioner. The Star reporter was informed that rep- resentative patent attorneys throughout the country were preparing to formulate their specific complaints against Commis- sioner Seymour and submit them to the President and ask for a change in the di- rection of the office. It is regarded as a foregone conclusion that any attempt by Mr. Seymour to carry out the provisions of new rule 65, after it goes into effect, April 15, will be the signal for a transfer of the entire controversy to the courts for final settlement. SS ee JAPAN AND CHINA, Pence Negotiations Will Be Conducted at Simonoseki Instead of Hiroshima. The Japanese legation has received a cable message confirming the press dis- patches of the departure of Li Hung Chang from Tien Tsin for Japan to arrange terms of peace. The peace negotiations will be conducted at Simonoseki instead of Hiros- hima, as originally announced. The change has been made to accommodate Li Hung Chang, who is on a Chinese ves: and if the negotiations were held at Hiroshima would be compelled to transfer to a Japa- nese ship. Simonoseki is on the extreme southwestern coast of Japan, and it was here that in the early sixties the foreign powers forced Japan to assent to certain indemnities demanded of the empire. No Details Yet Arranged. It is stated at the legation that asser- tions that the peace negotiations have been arranged already, and that the whole affair is cut and dried, cre erroneous, and that all statements as to details of the terms of peace are guesses. None of the details, it is sdid, have been settled and will not be until the negotia- tions are in progress. Japan has been in- formed that Li Hung Chang has full pow- er to arrange terms of peace and has been assured China sincerely desires that the war be stopped by treaty agreement. The details as to the price China shall pay have not been defiritely arranged, neither as to the exact cession of territory nor the amount of the indemnity or the kind of money in which it shall be paid. Japan has reached certain conciusions, especially respecting the cession of territory, but no conclusion has been reached with China, Li Hung Sails for Japan. Minister Denby has cabled the State De- partment confirming the press report of the departure of Li Hung Chang from Shanghai for Japan. He says the viceroy sailed in royal state, with a suite of 130 persons, embarked on two steamships. — e.__. NOT A NEW INDUSTRY. Assistant Secretary Hamlin’s Decision as to Alien Diamond Cutters. Acting Secretary Hamlin today rendered a decision in an interesting labor question that has been pending before the Treasury Department for several weeks. The alien labor contract law excepts from its pro- visions foreign laborers who may come to this country under contract to engage in a “new industry in the United States.” The question gt issue was, whether “dia- mond cutting” should be considered a “new industry” within the meaning of the law, and consequently whether alien dia- mond cutters were exempt from the pro- hibition against the importation of alien laborers brought here under contract. Mr. Hamlin has decided that diamond cut- ting is not a new industry in the United States, and consequently persons engaged in it who import foreign labor under contract do so in violation of the alien labor con- tract law. Instructions will accordingly be issued to prohibit the landing of such la- borers in the future and to send back those who have already arrived- BUYING OF CUBA Where the Real Strength of the Proposition Lies, ISLAND'S VALUE T0 THIS GOVERNMENT , Its Location and Worth Froma Commercial Standpoint. DEVELOPMENT POSSIBILITIES The suggestion that this government re- new the old effort to buy Cuba has led at once in political circles to a lively discus- sion of the subject. The Star has already referred to the fact that some of the ad- vocates of the proposition hope it may not become connected in any way with the Hawaiian question or the question of dig- ging the Nicaraguan canal. In the opinion of these men, the Cuban proposition would be strongest taken separately and decided on its own merits. Today, in conversation with a representative of The Star, a well- known gentleman, familiar with foreign affairs, presented the other view of the matter. The Real Strength of the Proposition. “It seems to me,” said this gentleman, “that the real strength of the proposition to buy Cuba lies in its direct connection with the other propositions. Taken sepa- rately, it hardly justifies itself. It is by no means the same question that was pre- sented to the country when the offer of one hundred millions of dollars was made for the island. Slavery dictated that. No question of supporting or still further ex- tending our foreign commerce was involy- ed. We had no navy then, gnd therefore were not thinking about coaling stations in any quarter of the globe. Cutting through the isthmus was not then under serious discussion. But the slave power, seeing the lines tightening around its in- stitution, cn the mainland, conceived the idea that in Cuba a new stand might be made and the tension relieved at home. In design it was a big plantation scheme, where negroes could be colonized and worked to advantage. Much bitterness ex- isted over the disputed question of. the northwest territory. Slave owners insisted that they had their rights there, while the free soilers stoutly maintained that slav- ery should not obtain a foothold in that latitude. Cuba was considered a sort of solution of the difficulty. “If the island could be secured the surplus of slavery could be drawn off in that direc- tion. The principal desire of the slave power was territory, and it really preferred that in southern latitudes, where the negro is most at home. There was never open ccnfession of this program, but it was well understood at the time. One of the United States commissioners the offer to Spain was Pierre Soule, an ultra slavery advocate, at the time a Senator from Louis- jana, and afterward minister to Spain. So far as the real object in view was con- cerned, it is probably just as well that the project falled. The purchase of Cuba would in no measure have solved, or even for any. great length of time relieved, the slavery question in this country. As we now plainly see, the opponents of slavery would not have abated any of their zeal for the extinction of that institution. Whether the institution was on the mainland pressing for further extension, or on an island in the sea, with the American flag waving over it, the contest was certain to con- tinue. With the abclitionists the question was slavery, and not its particular loca- tion, and they were in the fight to a finish, The Question Now. “The question now is purely one of the enlargement and extension of our general powers. We consider ourselves the great- est nation on the globe. We have a large and growing foreign commerce. We hgve @ navy of the first class, and we must pro- vide for it in first-class style. The growth of commerce calls for the piercing of the isthmus, and that in turn calls for Amer- ican control of the enterprise. A canal con=- necting the two oceans will in time be dug, and then will begin our obligations. Then it will be palpable to everybody that in~ order to be able fully to discharge our duty in the premises we must control Cuba on the one side and Hawaii on the other. Now, the question as to Hawaii is as good as settled. Those islands will be American territory in less than five years. They are coming to us of their own accord, and with such momentum that they cannot be stop- . We shall only be asked to assume their indebtedness, which is small, and which their own revenues will promptly, discharge. It only remains for us, then, to buy Cuba, aad a vroject of wise and world-wide consequence will be complete,” “What price could this country atford to pay for Cuba?” was asked. “I have not thought much about that. The island is valuable, regarded from any, standpoint. It is not merely a rich body of land where with no great effort profit- able crops are grown; it is far more than an immense sugar plantation. Cuba con- tains minerals and mines, and manufac- tories are paying investments. But, rich as it is, the island is practically undevel- oped. The higher order of progress is not possible under Spanish rule. But if Amer- ican control can be established there @ Very great change will take place. New York, Boston and Philadelphia will pour in their capital, and the southern states a portion of their planters, and in a few. years the transformation will be complete. Havana in particular, cleaned, drained and thoroughly improved, will become one of the most delightful cities anywhere within easy reach of our mainland. Winter travel there from all over the United States will increase, and new life be infused into all the country round. We shall in this way, of course, be improving our own property, and justifying whatever price may have been paid. Not Only the Commercial Side. “But the commercial side of the question, strong as it is, should not so much occupy us. We could afford to buy Cuba if it were a huge rock or a stretch of unpro- ductiv® lava beds or an unthinned jungle, with an occasional clearing on the coast for a fort. Its location is of the greatest importance to us, and gives to the island a value in American eyes which cannot be ignored. I hope to see negotiations opened for purchase at an early day. Spain, I have no doubt, will take advantage of the situation ‘and stand out for a stiff price, if she consents to treat at all. Cuba is valuabie to her only on the money side. It is a goose that for years has been lay- ing golden eggs. Spain likes the nest. She has been going there in times of stress and always finding the desired treasure. She is poor today, but will probably balance the proposition of a lump sum against a calculation showing the annual income from the island. This is a sure thing as long as she chooses to hold on.” “Do you think Spain holds the United States in part responsible for disorders in Cuba?” “I have reason to believe that she does. And it would not surprise me if in the cor- respondence growing out of the Allianca episode pretty pointed reference were made to the fact. There is more feeling on the subject than has as yet appeared. This, too, may make negotiations about buying the island the more difficult when they are opened, but it should not make a purchase impossible.” ——___—_-e+__—_. Fourth-Class Postmasters. Twenty-nine fourth-class postmasters were appointed today, of whom twenty were to fill vacancies caused by resignations and two by deaths.