Evening Star Newspaper, April 18, 1895, Page 1

THE EVENING STAR PUBLISHED DAILY EXCEPT SUNDAY AT THE STAR BUILDINGS, 1101 Fenneylvania Avenue, Cor. 11th Street, by The Evening Star Newspaper Company, 8. H. KAUFFMANN Pres't. Rew York Office, 49 Potter Building, See ere ‘The Evening Star 1s served to subscribers tn the city by carriers, on their own account, at 10 cents week, or 44 cents per month. jes at the ¢eunter 2 cents each. By mail—anywhere in the Sites States or Canada—postage prepaid—S0 cents Saturday Cot Sheet Star, $1 per year, with Post forelzn postage a: .00. Entered at thi ice at Washington, D. C., as _seconl-class mail matter.) E> All mail subscriptions must be paid in advance. Rates of edvertising made known on application. No. 18,142. The Zoen ) | Star. WASHINGTON, D.O., THURSDAY, APRIL 18, 1895-TWELVE PAGES. eating. Yesterday’ ments, Bese advertisers foua$t pubficitp—nof merefp pace. TWO CENTS. EBe proof of tHe pudding i in £62 enti Star confained 52 cofumns of advertisements, made up of 717 separate announce: THE MONEY QUESTION Mr. Cleveland's Tariff Performance Will Not Be Repeated. THE CONDITIONS TOTALLY DIFFERENT Now He is Going. Against Nine- tenths of His Party. BANKERS’ A ee Gre br ee “Those democrats who are expecting Mr. Cleveland t« repeat on this money question the history of his performance on the tariff question are certain to be disappointed.” This opinion was expressed to a repre- sentative of The Star today by a silver democrat of much prominence. “No such opportunity presents itself. The conditions are altogether different. In the one case Mr. Cleveland followed nine- tenths of his party, and in a course that that overwhelming majority had long been pursuing. He did not make the tariff issue for the democracy. The party had been standing on it for ten years. The speaker- ship of the Forty-eighth Congress was won on that issue eighteen months before Mr. Cleveland was inaugurated President the first time, and he was two years in the White House before he could be brought to commit himself on the subject at all. It ts fact, supported by proof, that several of the tariff reform leaders had almost de- spaired of getting any expression frem him, when he at last seized his pen and wrote the message that made him famous. Those who protested against the message were few in numbers—as few as those members of the party who are now advocating gold monometallism. The party, as a party, hailed the message with delight, and from that moment accepted Mr. Cleveland as the chief exponent of the cause. Col. Morrison, Mr. Carlisle and Mr. Mills, the men who had made the issue in Congress, all yielded place to hime without hesitation,and brought their followers into line for him to a man. The protectionists in the party were in such a smal! minority that in the national convention next year they did not raise a voice against Mr. Cleveland’s renomination. The tariff reformers were out in force de- manding it and they carried it with en- thusiasm: z Totally Different Condition “Now, what likeness is there between that and the situation confronting us to- day? In the present case, instead of fol- lowing nine-tenths of his party on an issue already made for him, Mr. Cleveland essays to force nine-tenths of his party to follow him, and on a line diametrically opposed to the party's record and professions of thirty years. The democracy has always stood for free coinage—has declared for it in its platforms, has promised it to the peo- ple from the stump, and by numerous votes end speeches tried in both houses of Con- gress to redeem that promise with legisla- don. Only a few members of the party have opposed silver, and only a few mem- bers are opposing it today. Can it be pos- sible that with the aidsof this small con- tingent the President will le to shape the future deliverances of the party on the subject? Had he declared for protection in- stead of for tariff reform in 1587, could he, with the aid of the few protectionists in the party, have swung the party away from tariff reform and committed it to the Ran- dall policy? Would not such a deliverance on tis part have cost him his leadership? After such an act, could he have been re- nominated in 1588? This is the true light in which to view the matter. The tariff message of 1887 was: not only strictly in line with the party policy, already well es- tablisbed, but it was what the party was clamoring for; was what the party felt that it could not longer do without and go be- fore the people vith the hope of winning another national victory. Mr. Cleveland's present deliverance is flatly opposed to the party policy, already well established, and is against the wishes and the judgment of all the party leaders in those sections to which the democracy must look for votes next year in the electoral college. There is a@ very wide difference, you see—so ex- tremely wide that if Mr, Cleveland succeeds in arraying the national democracy against silver he will entitle himself to, and will win, a place among the most remarkable ‘olitical leaders of any age. I don’t think e can do it.” What Mr. Cleveland’s Object Is. “And yet he has set out to do it,” was suggested. “Very true,’ was the reply, “but with what assistance? He is playing the re- publican strongholds against the demo- cratic strongholds. He wants the few democrats of the east to lay down the law to the many democrats of the south. He wants the city of Chicago, with the aid of the wealthy republican bankers there, to write a platform for the demo- crats of all the rest of the state of Illinois. The morning dispatches contain a copy of the resolution adopted by the democratic state committee of Pennsylvania at Har- risburg yesterday, in which it is stated that ‘a reorganization of the democratic party in Pennsylvania will enable those who believe in a safe currency and sound money to do hopeful battle against nation- al dishonor and discredit. That strikes me as being an extraordinary proposition con- veyed in extraordinary terms. The democ- racy of Pennsylvania, a state where the republican majority has been growing so rapidly of recent years that we may safely expect to see the figure reach three hun- dred thousand next year, impeaches the eharacier of the democracy, say, of Ala- bama, and proposes to strengthen itself for the purpose of breaking down_that democracy. Men like Morgan and Pugh, Harris and Bate, Gordon and Bacon, Dan- fel and Martin, Blackburn, Faulkner and all the rest are not to be trusted to repre- gent democracy, but men like Harrity, who have managed their party at home almost eut of existence, are to be put in the places honor and leadership, and invested with the authority to do hopeful battle for the party! That Pennsylvania resolution ought to be engrossed and framed as the crown- ing piece of impudence of the age.” A Bankers’ Fight. “How do you estimate the money power in this fight “It will be very strong, of course. W> shall have to meet it In every state. I un- @erstand that the bankers both east and west are already organizing, and will lend their fullest assistance to the anti-silver side. It is entirely natural. It is the be * fight, indesd. They are doing a thriving ‘:asiness on a restricted and an insufficient money supply, and they don’t want the conditions disturbed. There are no political lines running with them on the subject. ‘The republican bankeis of Chi- eazo will help the democratic bankers capture delegates to the democratic state convention. may depend upon that. It ts businces. Whatever may be done in the convention against sil will be a he bankers, and hence all of them can to help bear the Burden of the exper And the thing will occur in other state don’t thiak the bankers can win. 2 interest {2 too great and too selfish, and it tg teo weil known blow struck for all t West P Cadets Appointed. Cadet appointments to West Point have Been issued to Frederick Hunter, jr..Was imgton, Ga.; Cleude Shuford (alternate), Tyler, Tex.; John Watson, Shawnee, Kan.; J. P.’ Robinson alternate), Ottawa, Kan and Harry H. Pierce (alternate), Holley, vy. ISRAELITES IN RUSSIA ARMY PROMOTIONS THE NICARAGUA DISPUTE THE INCOME TAX GEN. LEE’S APPOINTMENT MUST BE RATIFIED Facts From Diplomatic Correspondeaca Had Upon tho Subject. Mininter White Comments on the Com- plication of the Laws in Russia as to Their Rights. The diplomatic correspondence between Russia and the United States for last year, just published, relates largely to the con- dition of the Israelites in Russia, and their immigration to the United States. This be- gan in May, 1898, when Secretary Gresham telegraphed Minister White as to the edict against Jews, and which, it was supposed, would result in a large emigration of that people to the United States. Minister White, in reply, stated that there was a tendency to greater rigor on the part of the government in its treatment of the Jews. As to the laws or orders regarding this people, he said: “The treatment of the Israelites, whether good or evil, is not based entirely upon any one ukase or statute; there are said to be in the vast jungle of the laws of this empire more than one thousand de- crees and statutes relating to them, besides innumerable circylars, open or secret, reg- ulations, restrictions, extensions and tem- porary arrangements, general, special and lccal, forming such a tangled growth that probably no human being can say what the law, as a whole, is—least of all can a Jew in any province have any certain knowl- edge of his rights.” Condition of the Jews in Russian, He discusses at some length the condi- tion of the Jews in Russia, and the con- tempt in which they are held by all classes of Russians. Very small opportunities are afforded for education of Jews, and even where they form the greater bulk of popu- lation, only a third are allowed to hold municipal offices. He says the religious restrictions are most illogical and incom- prehensible. The Russians charge the Jews with fanaticism, but Mr. White says they cannot be rendered less so by the treat- ment they receive. The Jews were more kindly treated by Alexander II, and Mr. White attributes the reaction against them to the assassination of that monarch. He closes by saying that the policy of Russia is driving the Jews out of the country, many of whom are destined to come to the United States. After this dispatch Mr. Gresham writes to Mr. Webb, secretary of the legation, saying: ‘The continued enforcement of such harsh measures, necessari!y forcing upon us large numbers of degraded and undesirable per- sons, who must, in great measure, be sup- ported, cannot be regarded as consistent with the friendship which the Russian gov- ernment has long professed for the United States.” Date of Final Expulsion. Some further correspondence ensued, and in January Mr. Webb informed Secretary Gresham that the final expulsion of the Jews from the province of St. Petersburg was extended until June, 1805. Mr. White soon after informed the department the Russian government absolutely denied that it was assisting Jewish emigrants to the United States. Another letter quotes from a German paper, saying that it was deter- mined to send the best Jewish emigrants te the Argentine Republic and the helpless were to be assisted to the United States. Another question raised was the right of a naturalized citizen of the United States to relinquish his citizenship and become a Russian citizen. Mr. Gresham says this right is unquestioned. A diplomatic question was raised over Joseph Wingfield, an American citizen of African descent, fourteen years old, who was going to St. Petersburg as a servant of a resident of that city. He was stopped at the frontier, but through the interven- tion of Mr. White was allowed to proceed, but the Russian government refuses to al- low him to remain unless he has a pass- port. The objections to issuing him a pass- port was not that he was under age, but that he went to St. Petersburg with the in- tention of remaining five years. Assistant Secretary Uhl said that a passport might issue to a minor upon satisfactory proof that he intended to return to the United States before obtaining his majority. ge THE BRITISH SEALING CLAIMS, Senator Morgan Believes the Claims Are Unfounded and Wrong. Senator Morgan was asked today for an expression regarding the report cabled from London that Sir Julian Pauncefote, the British ambassador, had forwarded to his government a full statement of the facts in the matter of the payment of dam- ages by this government for the seizure of British vessels, and replied that he was perfectly willing tc have the question in- vestigated. ‘I have,” he said, “such confi- dence in the fairness and good judgment of the British house of commons that I feel that nothing can be lost by its going into the matter at length. I am very confident that an inquiry into the merits of the claims, ev2n outside of the Paris award, will convince any one that the claims are entirely unfounded, extortionate and wrong.” ‘There is reason for believing that when this question of payment of the damages shall again come before Congress the op- ponents of payment will make the point that the claims arc barred from considera- tion by the terms of the Paris award. A member of the Senate who has given considerable attention to the seal ques- tion in all its bearings said in discussing the proposal to pay these damage claims: “The principles raised by the Bering sea award destroy the ciaims of Great Britain to damages for the seizure of any ships which before the date of the award were found fishing within sixty miles. of the Pribylof Islands or in Bering sea, with guns, expiosives or nets, or afier the Ist of May to the Ist of August in the Pa- cific ocean north of 35 degrees north lati- tude. Both governments are,” he added, “bound to accept the enunciation as made by the Paris commission “against the measure of their rights and duties on this subject, as applicable vot merely since the making of the award, but before. It was the just and equitable duty of Great Britain before the award was made to do just what the award” reauired of that country toward the United Staies.”” When Senator Morgan's attention was called to this view of the cuestion he de- clired on account of his connection with the Paris tribunal and with the Senate to discuss it, saying it would be improper for him at this time to do so. —— + 2+ AN ABDUCTED CHILD. Contention of the United States as to Its Restoration. There is a long chapter in the diplomatic correspondence of last year just published relative to the case of the child, Constance Madeline His, who was abducted -by her father after being divorced from her mother in the United States. As was shown at the time, the United States made a strong ef- fert to secure the return of the child to her mother, but the government of Switzerland, where the child been carried by her father, finally refused to permit this. The State Department by no means, however, accepted the Swiss contention of the right of abduction of a person from America even by a father, and at the close of the volume strong instructicns had been sent to United States Minister Broadhead ‘not to permit the case to stand, as it might in future be cited as a precedent against the United States. He was therefore instructed to demand such action cn the part of the Swiss government as would comport with the dignity and sovereignty of the United States. Uncertainty of the President’s Action on Gen. McCook’s Retirement. MAY NG? APPOINT A MAJOR GENERAL Those Who Stand the Best Chance of Advancement. COL. WILSON SPOKEN OF Maj. Gen. McCook, commanding the De- partment of Colorado, with headquarters at Denver, will be placed on the retired list of the army next Monday, on account of age. His retirement will create a vacancy in the Hst of major generals, and in case it is filled by the promotion of a brigadier general, two vacancies will then exist in that grade, the vacancy caused by the pro- motion of Brig. Gen. Ruger in February last not having been filled. The failure to fill this vacancy is due to the fact that all the commands commensurate with that rank are filled. A command will be va- cated, however, by the retirement of Gen. McCook. The Situation Complicated. The situation is somewhat complicated and the army gossips are all at sea in the matter. It is possible that the President may decide to leave the prospective major generalship unfilled and simply make pro- vision for the vacant command by the pro- motion of a colonel of the line to the grade of brigadier general. That would fill all the department commands and leave a vacant major generalship and a vacant brigadier generalship. It is not generally belleved in military circles that such is the President’s purpose. If it shall prove so there will be general disappointment throughout the army,where the impression prevails that a brigadier general will be advanced to the grade of major general and that a colonel will be made a brigadier general. These two pro- motions can be made without increasing the present number of general officers. Gen, Merritt's Chances. Gen. Merritt, the senior brigadier, 1s said to stand the best chance of being the next trajor general, and Col. Bliss of the in- fentry the best prospects of being the next brigadier general. The last named promo- ticn, however, is regarded as less probable than the other, for the reason that the list of eligibles fer the brigadier generalship is much greater and the competition is de- cldedly more active. The latest gossip couples the name of Col. J. M. Wilson of the corps of engineers with the vacency of brigadier general of the line. He stapds among the first six in the list of coloneis in relative rank, and has longer to serve than all the present general officers, so that in the event of his appointment as a brigadier he would stand and excellent chance of eventually reaching the grade of commander-in-chief, an office higher than it is possible for him to reach in the corps of engineers. The general expectation Is that Col. Craighill will be appointed chief of engineers on the retirement of Gen. Casey next month. It is expected that the President will act promptly in the matter of Gen. McCook's retirement, and that the consequent pro- motions will be made early next week. oo. ___ STILL IN THE DARK. No Estimate as to the Extent of the Income Tax Returns. - Commissioner Miller and his associates in the internal revenue are still in the dark as to the extent of the income tax returns. At any rate they positively decline to give any information on that subject. It is said that the main cause of this reticence is the great number of errors made by the col- lectors in their telegraphic reports since Monday last. Some of these reports con- tained only the number of returns received last Monday, while others included all that had been received from the beginning. A’ number of them included in their figures all returns, including these below the $4,000 exemption, while others excluded returns on which no tax is payable. Who is blam- able for this state of things is not stated, but the result is that from what has been received no intelligent estimate can yet be given of the number or amount of the re- tur filed with the collectors. It is un- doubtediy true that a large percentage of the number of persons subject to the law have made no return at all, and in conse- quence the officials see ahead of them a vast amount of litigation and trouble. Most of the internal revenue collectors have in- comes in excess of the $4,000 mark, their federal salary alone being $4,500, yet in several instances thé collectors entirely overlooked their own obligations in the matter and failed to make the prescribed return. These delinquents will consequently sbe put to the necessity of enforcing the 50 per cent penalty against themselves. It is supposed that in their anxiety to see that other people complied with the law they forgot their personal obligations in the same direction. ere Missionaries Cannot Return. In the correspondence between the United States and Spain last year is the history of the negotiations which, after years, re- sulted in the payment of an indemnity of $17,500 as indemnity for the expulsion from the Caroline Islands by Spain of the American missionaries. It appears also that immediately upon receiving the in- demnity United States Minister Taylor, un- der instructions from the State Depart- ment, began to press the demand that the missionaries be allowed to return to the Carolines. He represented that the gov- ernor of the islands was willing to permit this upon the assent of the Spanish gov- ernment, but the latter, after denying that that official had any authority to convey the assurance, announced on September 18 last that the conditions in the Carolines had undergone no change as would war- rant the return of the Methodists, and ves refused permission for their re- urn. Ships to Pass in the Night. Secretary Carlisle, it is stated, this afterncon will issue a circular to collectors of customs at ports of entry instructing them to permit all incoming ocean steam- ships arriving after sundown to discharge their passengers and baggage without de- lay. The small amount of additional ex- pense incurred will be borne by the gov- ernment. This settles the question of per- mitting ships to pass in the night up to their piers. eee Civil Service in New York. Commissioner Watson of the newly ap- pointed municipal civil service commis- sion of New York city is in this city for the purpose of studying the methods of the United States civil service commis- sion,with the expectation of applying them in New York. There are said to be about 15,000 positions in New York city that ul- will be controlled by timately the com- mission. Twenty-nine fourth- postmasters were appointed today, twenty-two of whom were to fill vacancies caused by deaths or resignations. Uncertain of Great. Britain’s Action on the Arbitration Proposition. ‘The President Believed to Take Too Optimistic a View—Advices at the British Embassy Here. The impression is growing here that President Zelaya of Nicaragua has taken too optimistic a view of the state of the relations between Great Britain and his own country in assuming that the former has decided to desist from carrying out her ultimatum to Nicaragua, and that she has agreed to allow the claim for in- demnity to go to arbitration. It is regard- ed as a significant fact here that Earl Kimberly, the Brifish foreign minister, has just returned suddenly to London, and it is believed that’ the’true explanation of the delay in action is to be found in the fact that none of the subordinates in the Btitish foreign office felt like assuming the responsibility for action in the ab- sence of Earl Kimberly. It is also be- leved that President Zelaya is in exactly the same position as the officials in Wash- ington in not having been acquainted as yet with the nature of the answer the British government has determined upon to the response made by Nicaragua to the ultimatum. Dr. Guzman, the Nicaraguan minister, has not heard from his government as to Great Britain’s purpose, but he is hourly expecting an answer to his cable inquiry. From _the delay in answering, he believes the Nicaraguan government is as yet un- informed as to the latest phases of the sit- uation, and is probably in communication with its representative at London. Sir Julian Pauncefote, the British ambas- sador, received no advices on the subject today. He called at the State Department, as it was diplomatic day, but it is said to have had no connection with the Nicaragua question. While there is an absence of official in- formation, the diplomatic officials regard it as settled that Great Britain will pro- ceed to enforce her claim against Nica- ragua by moderate but firm means. The impression also prevails that with parlia-~ ment in session the gdvernment would not risk an appeal to that body by moderating or yielding to the proposals of a minor power. The claim is now referred to-as a debt, and it is said that if Great Britain yielded in this case to a compromise of the debt it would so encourage the evasion of these demands for reparation that tene war- ships would be necessary to enforce them next year, whereas three will suffice now. “ LADY SOMERSET’S CARD. Her Reply to the AMegations Made Against Her by Mr. Hicks. The Associated Press today received the following card from Lady Henry Somerset; the well-known temperance advocate: “REIGATE, England.—My attention has been called to the ntterly unfounded charges made against me by a Mr. Hicks a few weeks since on the eve of my sail- ing for home. “I do not consider that it 4s necessary for me to enter into any detailed refuta- tion of these accusations. frequently re- iterated by the enemies of reforms with which my name has conte to be assoclated;-| but if any*of my American friends, desire to ascertain the position I occupy with re- gard to the management of my London property, will they do me the favor to seek for information from the housing commit- tee of the Popes rents council? The ignorance of Mr. Hicks concerning the laws of England entailed property must be his excuse for the absurd statements he makes about my country estates. I have legal information that his attack 1s libelous, but if all the libels against reformers were brought before the courts we should have but little time for more useful occupa- tions. My experience of the fairness of the American press makes me confident that this communication will be widely circu- lated as an act of justice to one who has received so many tokens of good will from the home folk of America, and who has al- ways written and spoken as a friend and not a critic of the newer England across the water.” —______~+e-. CATCHING STAMP COUNTERFEITERS. Arrests Made by the United States Seerct Servite. CHICAGO, April 18—United States secret service men have arrested C. O. Jones, a newspaper artist of this clty, for alleged complicity in counterfeiting the two-cent stamp. Another man was also taken into custody, but his identity was not revealed. At 2 o'clock this morning Mr. Jones was closeted with Captain Porter and Inspector Stuart. Just exactly what he divulged is not known, but more arrests in Chicago and other cities are expected. The officers are confident that they are on the right trail, and they will scon have the entire gang in custody. The counterfeits were discovered through collectors. The philatelic press took the matter up, and several. of the stamp mag- azines got into a spirited row over the exact difference between the “rarities,” as they call the counterfeits, and the genuine. It is a somewhat ludicrous fact that spec- ulators were offering as high as $2 and $3 for the counterfeits. CINCINNATI, Ohio, April 18.—It has just been made public that George Morrison, one of the counterfeiters of the two-cent postage stamps, was arrested in the Cin- cinnat! post office on Tuesday on a decoy letter. He had sent to the Chicago Tribune from Cincinnati an advertisement offering to sell $125 worth of stamps for $100, and directing answers to be sent to George Morrison, Monterey, Mexico. The Tribune refused ‘the advertisement, and turned over his letter to the United States authorities. Thus a trap was laid for his arrest. The officers are reticent on the matter, hoping thereby to capture Morrison’s accomplices. —.__ OIL GOES UP AGAIN, Are Slowly Becovering Their Confidence. PITTSBURG, Pa., April 18—There was a crowd of eager and excited people in the lobby of the stock and oil exchange when the gong sounded this morning. The dis- astrous break in ofl from 262 to 217 at the close yesterday had so staggered brokers that they were prepared for anything to- day. But the surprise was an agreeable one to holders of certificates, for the open- ing quotation was 225, and this was im- mediately followed by a gale at 240, an ad- vance of 23 points over yesterday’s closing. From this it sold down to 87%, and at was quoted at 241 bid. ‘he Standard again raised its price this mcrning, but only tea cents. It now stands at 200, and for the first time since the boom ‘struck the ‘market the exchange price is below the Standard’s. Reports from all the fields indicate that there is no cessation in activity, and the prospect for new territory goes on with unabated zeal. From 10:30 until noon the oil market was quite active, and it has now neariy recov- ered from the big break of yesterday. The | highest point reached this forenoon was $2.57 and the lowest At neon oil was quoted at $2.55 bid. Speculators are get- ting over their seare of yesterday and are gaining confidence. Z Fs The activity if the oil market ts having a_ stimulating effect on jlocal securities. Philadelphia Gas, Westinghouse and other local stocks went up this morning. BRADFORD, Pa., April 18.—The break in oil yesterday has killed’ the speculative inclinations’ and the brokers’ office is de- serted, as aH holders of oil were cleaned out yesterday. The Standard is paymg $2.60 for credit balances, a gain of 10 cents [over yesterday. | What Might Result From the Pro- posed Rehearing. THE WHOLE LAW MIGHT BE ANNULLED No Probability of a Hearing Before October. JUSTICE JACKSON’S CASE There is one feature of the brief of the Attorney General of the United States in the income tax case which was filed yes- terday which will be certain to attract the general attention of the bar of the coun- try. Mr. Olney distinctly asks the Suprem~ Court to reopen the whole case, if a re- hearing shall be granted, and not to order a rehearing as to those points only respect- ing which the court was divided. If cur- rent reports are true, the justices, by a vote of five in the affirmative to three in the negative, declared that certain pro- visions of the law are unconstitutional. That vote constitutes a majority of the court, even with a full bench. To ask the Supreme Court to hear arguments again upon the points which have been declared to be unconstitutional by a ma- jority of the full bench is to suggest to the court that it shall decide that its de- cision just rendered might be reversed upon a rehearing. In other words, the brief of the Attorney General involves the possibility of a reversal by the court as to certain points of the decision which has just been rendered. Such a request pro- ceeds upon the assumption that the Su- preme Court may reverse a decision which it has just made or abandon the doctrine of stare decisis. Unless some of the most eminent lawyers connected with the case are‘deceived, it is due solely to the fact that two at least of the justices adhered to the ancient legal dogma of stare decisis as an essential bulwark of jurisprudence, and ‘as necessary to the safety of the re- public, that the income tax law as a whole was not declared unconst tutional by a vote of at least six of the eight judges. Might Declare It All Unconstitutional. If that belief is well founded, and if the justices, for any reasorf, shall deem it ex- Pedient to surrender the views which they are said, in part, at least, to maintain as to the principle of stare decisis, the extra- ordinary result might follow the reopening of the whole case, as requested by the At- torney General, that the Supreme Court may yet declare the entire law unconsti- tutional and reconsider the decision by which the decision of the lower court must stand only because the appellate tribunal could not agree that the law is constitu- tional. Certainly, the lawyers say, if the Supreme Court may reverse its decision a week old, what would prevent it from dis- regarding a precedent of a former decision thirty years old, rendered by a court of whose members only one survives, under conditions of civil war? If the dogma of stare decisis is to be disregarded so that a decision just rendered may be overturned, why should that doctrine be maintained as to the old income tax decisions? And if that dogma is to be disregarded, and two of the four justices who refused to vote that the income tax law was unconstitu- tional, and who did vote that it was consti- tutional, did so merely because the Su- preme Court twenty-five years ago so voted, why, if a rehearing shall be granted on such conditions, may it not be expected that the court will decide that the income tax law is unconstitutional, whatever may be the opinion of the absent justice, and in spite of his opinion, if he should maintain the constitutionality of the law? These are interesting questions which the lawyers are talking about. Granted that the current gossip as to the actual views of two of the justices who voted that the law is constitutional, when, in fact, they consider it unconstitutional, is correct, it will be seen that a decision to reopen the whole case might be attended by curious results. Not Before October. There is no probability that there will be a rehearing upon the income tax case be- fore the October term, if at all. The letter frcm Justice Jackson, which has recently been received in this city, in which he states that he cannot be present before the October term, settles the fact that there will not be a full bench until that time, and without a full bench there would be no reason for granting a rehearing, especially on the basis of the petition of the Attorney General today. The letter of Justice Jack- son would seem also to have settled an- other fact—namely, that he does not intend to resign. One hears many threats as to what the internal revcnue bureau intends to do as to persons who have failed to make returns. The lawyers who have been connected with this case say that these threats may be disregarded. They maintain that no pen- alty can be enforced for failing to make re- turns; that an examination of books and papers cannot be permitted, and that no other person than the collector himself can make a demand for a statement of the tax. In other words, if persons have not made returns voluntarily, it is maintained that it is not in the power of the government, un- less the law shall be amended, to enforce the making of any returns, HORSEMANSHIP AT FORT MYER. Col. Gordon Congratulates the Officers and Men on Their Skill. As the exercises iu the riding hall at Fort Myer have now ceased for the winter, the commending officer has issued an order stating to the officers and men of this com- trand that he has every reason to be proud of the progress and skill accomplished in horsemanship and drill. He adds: “The state of proficiency arrived at has becn pronourced superior to any in any country, and our men are considered the most dar- ing and wonderful riders in the world by gentlemen who have seen the riders of all lands, and who are thus most competent to judge.” ————E—EEE—————— Personal Mention. Capt. J. E. Ayres, ordnance department, is on a visit to the city. 2 Col. Henry L, Abbott and Maj. M. B. Adams of the corps of engineers are in the city on official business. Secretary Gresham has canceled his en- gagement to deliver an address at Galena, IL, the 27th instant, Grant's birthday. Mr. C. H. Rudolph is registered at the Wiltshire Hotel, Atlantic Ci having gone there for the benefit of his health. First Lieut. J. B. Batchelo twenty- fourth infantry, is in the city on sick leave. Lieut. J. N. Jordan of the Vesuvius is in the city on leave of absence. Lieut. J. A. Dapray, twenty-third infan- try, is in the city on his way to his post in Texas. Col. Royal T. Frank, first artillery, and Maj. F. H. Phipps, orGnance department, are in the city in attendance on the ses- sions of the voard of ordnance fortitica- tions. Admiral Rarasay, chief of the bureau of navigation, has gone to Fort Monroe for a few days. Mr. K. M Se dis, private secretary to m, has gone to Chicago , the well-known missionary, and Mrs, lin are at La Fetra’s Hotel for a short stay. Thought to Be a Clever Stroke on the President's Part. Benefits to Accrue to Sound Money Principles From the Selection—His Wide Personal Influcnce. Some Virginia politicians are gossiping about the appointment of Gen. Fitzhugh Lee to be collector of internal revenue, and profess to see in his selection an effort on the part of the President to counteract the influence in Virginia politics of the free silver democrats of that state. It is claimed that a majority of the Virginia delegation have a pronounced leaning toward free sil- ver, and that the sound money men have watched the growth of this sentiment with uneasiness, hoping for an opportunity to check it. A Clever Stroke. The gossips say that the appointment of Gen. Fitzhugh Lee was a clever stroke on the part of the President, and that the ben- efits which he believed may accrue to sound money principles by that move are likely to follow. It is said that Gen. Lee wields considerable influence personally in the rank and file of the democracy of his state, and that this personal influence !s now to be heightened and increased by the political power placed in his hands through the appointment. As collector he will have the selection of a large number of deputies, and will be in a position to make his per- sonality felt in the portion of the state lying under his official jurisdiction. To Come Out for Sound Money. The politicians profess to believe that Gen. Lee will soon come out boldly on a sound money basis. They base this belief on the allegation that his selection was made for this purpose. They say that at a time when the Virginia congressional delegation were exerting mixht and main to come to an agreement upon some candi- date for the place whose naine was to be presented to the President Mr. Cleveland calmly ignored them and announced his own selection. In this particular case, it is said, the President could take such a course with impunity, on account of Gen. Lee’s prominence in the state and his posi- tion in democratic politics of the old dominion. ——_—_+-e+ CASE OF CLERK SAYRE. An Important Point to Be Decided by the Supreme Court. The United States Supreme Court today heard argument in the case of M. L. John- son, a captain in the United States Navy, agt. David B. Sayre, appealed from the circuit court of the United States for the eastern district of Virginia. The case is one which has excited considerable interest in naval and army circles, involving, as it aces, the validity of trials by courts-mar- tial, and the right of the civil courts to set aside the verdict of the army and naty ecurts wherever criminal punishment is in- volved. Sayre was a clerk to a paymaster in the United States navy on duty on the receiving sbip Franklin, lying at the Norfolk navy yard. He was accused of embezzling $2,000 in money, and sentenced by court- martial to two years’ imprisonment, to a heavy fine and to dishonorable dismissal frcm the service. Sayre sued out a writ of habeas corpus, and Judge Hughes ordered his discharge from imprisonment upon the ground that, although Sayre was in the naval service, he could not, in. time of peace, be punished for the offense which he ecmmitted by court-martial or otherwise than on indictment by a grand jury, under the fifth amendment to the Constitution; and also on the ground that the sentence of the court-martial was “cruel and un- usual," and prohibited by the eighth amendment. It was claimed on behalf of the navy that tie court had no jurisdiction, and erred in granting the application for habeas corpus. The-case is regarded as a test sult, and the Navy Department appealed, in order to get a ruling on the question from the Unit- ed States Supreme Court. Littleton Waller, a lieutenant, who ac ed as judge advocate of the court-martial, though not a lawyer, was permitted by the Supreme Court to make an argument in the case. ————_--e. PHOTOGRAPHIC BULLETIN BARRED. Publications Including Photographs Classified as Fourth-Class Matter. The Post Office Department has made a ruling excluding from the mails as second- class matter Anthony's Fhotographic Bul- letin, of which Prof. Charles F. Chandler, the noted chemist, is editor. The Bulletin is a magazine which incluaes with each number, as frontispiece, a photograph mounted on stiff cardboard. Photographs thus mounted are under the rules fourth- class matter, on which the rate is 1 cent an ounce or 16 cents a pound, instead of 1 cent a pound, as on second-class matter. The Bulletin will have to be sent out by express or pay 16 cents postage per pound. The publication known as Photographic Celebrities is included in ‘the order. DEPRIVED OF THE MAILS, A Post Office Order Against the Na- tional Seed Company. Postmaster General Wilson has issued an order forbiddirg the use of the mails to the National Seed Company of this city and B. F. Humphrey, the manager of that con- cern. This is the concern which was de- tected a week ago in carrying on an alleged fraudulent business through the mails by a scheme which post office officials said very clesely resembied a lottery. By means of advertisements distant from Washington, thousands of people were induced to send in orders for a packet of seeds, which the corcern offered for 44 cents, holding out *he inducemert that gvery 9th and 100th crders should receive prizes, the former of $5 in gold, and the latter $10. ‘The concern had an office at 918 F street, on the second floor, roum 17, where two girl typewriters and a young man wee kept busy opening the letters and sending cut the paltry quantity of seed which was sent in order to go through the motions of keeping a contract. It was alleged that the concern paid no prizes whatever, from first to last. -———_____+ e+ ____ Back at the Department. Postmaster General Wilson returned from Richmond early this morning, and says he had a royally good time at the alumni banquet there. He was at the de- partment early and began to receive call- ers in the elevator and corridor before he could get to his room. Interval Revenze Collectors. The President has appointed Fitzhugh Lee tc be collector of interna! revenue for the sixth district of Virginia, vice Shep- pard, Geceascd, and John C. Kelly to be coliccter of internal revenue for Brooklyn . Y.) district. e+ _____ Treasury Department CI Mrs. Lenora F, Shannon, a $720 clerk in the bureau of navigation, Navy Depart- ment, has resigned, and Mr. J. L. Cox of Michigan has been appointed to the va- cancy. Ordered Here. Lieut. J. K. Cogswell has been detached from the Portsmeuth navy yard and or- dere@ to ordnance instruction at the Wash- ington savy yard. China and Japan Must Consider the Treaty of Peace. APPREBENSICN REGARDING THE LATTER The Emperor of the Former Has Indicated ‘His Position. ADVICES RECEIVED HERE BERLIN, April 18.—A dispatch received here from Tokio says that in addition to the places mentioned in previous dispatches, the Japanese are to retain possession of Wei-Hal-Wei as a guarantee of the pay- ment of the wir indemnity. The North German Gazette says that the German demands for placing the commer- cial relations between Germany and Japan upon a new footing have been formulated in accord with the decisions of the advisory customs board, and will immediately be presented to Japan. Extension of the Armistice. It is stated by diplomatic officials that the extension of the Japen-China armistice to May 8 is in order that the peace terms may be ratified by the respective govern- ments. This brings out for the first time that the acticn of the peace envoys was not conclusive, and that there is still a pessibility for a failure to ratify the agree- ment. Accompanying this are the reports of popular agitation in Japan against the peace terms, and the suppression of many newspapers which assail the government. This expression of popular sentiment, com: ing at a time when the Japanese parlia- ment will be called on to accept or reject the agreement, causes some apprehension as to the outcome, though the government is expected to prevail and carry out its program. It has been feared from the outset of the negotiations that the military element of Japan, encouraged by their ton- stant victories, and supported by the uni- versal war spirit among the people, could not be easily induced to accept moderate terms of peace. This was the main reason for making Prince Komatsu commender-in-chief of the army and navy, thus concentrating all mil- itary power in one man instead of leaving it with the generals and admirals of the re- spective fleets. The final terms are far short of what the radical element demand- ed and the agitation in Japan is taken to indicate that there will be some difficulty in getting the terms ratified. China’s Ratification Certain. It Is stated by a diplomatic official that China’s ratification will be made by an edict of the emperor. This ratification is accepted as certain, as the emperor has al- ready issued a preliminary edict authoriz- ing Lt Hung Chang to accept the peace terms. Neither the Japanese or Chinese legation has received any further details of the Peace terms. The attitude of the Japanese foreign office in refusing to make an official statement of the terms of peace meets with responsive action at the Japanese legation in Washington. Little doubt is felt here that the reti- cence in disclosing the exact nature of the peace treaty is due to a desire to wait until the document is ratified and thus placed beyond the reach of possible inter- ference by the powers of Europe. The diplomatic representatives at Tokio appear to be unable to inform themselves accurately, for even Mr. Dun, the Amert- can minister there, who, from the part he played, in conjunction with Mr. Denby, in bringing about the peace negotiations, nat- vrally would be in a favorable position to get inside information, has cabled the State Department that he cannot get a direct statement from the Japanese, and so is able to transmit only what he be- lieves to be a reliable outline of the agree- ment. This agrees closely with the terms al- ready published, namely, the acquisition by Japan of the Liatung peninsula and For- mosa, an indemnity of 200,000,000 taels, the independence of Corea and the ning of additional Chinese ports. A telegram has been received at the Japanese legation to the effect that the treaty of peace between Japan and China was signd yesterday. On the same day the Chinese plenipotentiary and suite left Shimonoseki for China. The ratifications of the treaty are to be exchanged at Chee- foo within three weeks from the date of the signature. ees CANADA’S PARLIAMENT OPENED. It Promises to Be a Sensational Ses- ston. OTTAWA, Ont., April 18.—What promises to be a sensational session of parliament was opened today by the governor general reading his speech from the throne in usual form. It deplored the death of Sir John Thompson; told of correspondence with regard to the French treaty, and ad- vised its ratification; expressed pleasure that the suggestions of colonial ccnference in the matter of preferential trade rela- tions with other colonies had been favor- ably entertained by England, and con- sratulated Canada on the unmistakable signs of returning prosperity. Of Newfoundland, Lord Aberdeen said: “It will be the subject of general congratu- lations if the negotiations now pending re- sult in the admission with the confedera- tion of that island. ———— FUNERAL OF JAMES W. SCOTT. at St. Jnmes’ Chureh Chicago. CHICAGO, April 18.—The funeral services of the late James W. Scott, proprietor of the Chicago Evening Post and Times- Herald, were held in St. James’ Episcopal Church at 11 o'clock today. The funeral was one of the largest in attendance ever held in Chicago. The streets in the vicinity of the church were thronged Icng before the hour for the services arrived. Vice President Stevenson was present, escorted by the judges of the city, all of the courts having adjourned. Ali of the principal clubs of the city sent representatives, and the floral offerings were profuse. At the church the full £pis- copal funeral service was rendered by Rec- tor E. M. Stiles, and the address was de- ivered by Rev. Dr. Frank Gunsaulus,presi- dent of the Armour Institute. The burial at Graceland cemetery was private. Services Episcopal oe HAS HOPLS FOR BUCHANAN. His Lawyer Hears From the British Ambassador. SING SING, N. Y., April 18.—Lawyer Gibbons has not yet given up hope of sav- ing Buckanan. He has notified the con- demned men that he will go to Albzny this evening and apply to Gov. Morton for a ree prieve of thirty Gays, so as to allow the British ambassador at Washkizgton to properly present the case to the British au- thorities znd to President Cleveland. Law- yer Gibbons has received a promise from the British arbassador that if it is found that Buchanan has not had a fair trial un- der the laws of this country, the British governmen: will ask that he’ be accordcd such e trial before he is executed.