Evening Star Newspaper, April 29, 1895, Page 2

Daring Attempt. to Rob a Bank Fails, THE THIEF SHOT BY THE TELLER Forfeit Posted for the Florida Ath- letic Club. THE VIGILANT’S RETURN DUBUQUE, Iowa, April 20—A stranger walked into the Iowa Trust and Savings Bank today, and, walking up to the win- dow behind which the funds for the day's use was piled, struck the window with a small hammer that he carried, with the evident Intention of grabbing the funds and escaping before the employes had re- covered from their surprise. Teller Maurice Brown was standing near, and as the window broke, he took in the pesition at once, and grabbed a pistol near at hand and shot the man, the ball taking effect in the head. ‘The robber is seriously, but not fatally, wceunded. Leonard Lees is the name of the rebber. The teller shot him in the face. He fell and was immediately arrested. The teKer supposed he would shoot, and fired in self-defense. VENDIG POSTS A FORFEIT. The Florida Athletic Club After the Big Prize Fight NEW YORK, April 29.—Joe Vendig, man- ager of the Florida Athletic Club, has put up $5,000 forfeit money to guarantee the club's ability to handle the fight between Corbett and Fitzsimmons. The time and Place will be named July 1 Vendig claims that under the agreement the Florija Athletic Club is not bound to hold the championship match at Jackson- ville, but 1s empowered to hold it under its auspices in any city where {t would be pos- sible, should legislation in Florida prevent the fight in that state. It now remains for Corbett and Fitzsim- mons to put up $5,000 each as a guarantee to the Florida Athletic Club that they will fight under its auspices. RETURN OF THE VIGILANT. The Crack Yacht Reaches New York After an Eighteen Days’ Passage. NEW YORK, April 29.—The yacht Vigi- lant passed at the Narrows at 1:30 this afternoon, after a passage of eighteen days from Southampton, from which port she sailed April 11. Capt. Barr reports having experienced a very moderate passage. On the lith, during a fresh E.S.E. gale and high sea, the spinnaker boom was carried away, but the bfoken spar was quickly se- cured again, and the yacht proceeded. The Vigilaut behaved splendidly throughout the voyage. Her best day’s run was from noon of the 20th to noon of the 2lst, when she logged 27) knots. Several towboats ac- companied her up the lower bay, but she rapidly forged ahead and in the Narrows with quite a long lead. She car- ries a crew of twenty-one‘souls, all told. ———__ HOLLAND REAPPEARS. The Embezsling Bank Cashier of Charlotte, N. C. CHARLOTTE, N. C., April 29.—James R. Holland, the cashier who embezzled $75,000 of the funds of the Merchants and Farm- ers’ Bank of this city, and who disappeared last Tuesday night, came out of his hiding place last night and surrendered himself to the officers. He is now in jail. He had been concealed in this cliy since Tuesday, Dut declines to divulge the name of the party who sheltered him. The thought of exile and of being constantly hounded was too much for him. —————— SEVERE STORM IN THE WEST. Thunder, Hail and Rain in Iowa and Missouri. DES MOINES, Iowa, April 29.—A heavy thunder storm and rain began at 4:30 a.m. today and still continues. The storm is be- Meved to be generaf throughout this sec- tion. ST. JOSEPH, Mo., April 29.—A_ severe rain, hail and wind storm struck this city today. Little damage was done, but north of here, where the storm was more severe, it is feared the hail injured the fruit crop. The rain was badly needed. ——>__ FLEEING FOR THEIR LIVES. The Colima Volcano Alarms the Mext- cans. GUADALAJARA, Mex., April 29.—The Colima volcano is again in a state of active eruption, and the inhabitants of the valley at the base of the mountain have been forced to abandon their homes and flee for their lives. ‘The molten lava and ashes have destroy- ed the growing crops. and much valuable property in that section. The fire which is- sues from the crater presents a magnificent sight at night. —_ o> Justice Jackson’s Return. NASHVILLE, Tenn., April 20.—Justice Jackson of the Supreme Court will leave here next Friday evening for Washington via Louisville, reaching Washington Satur- day morning. His health continues to im- prove. ——_—___ Jersey City Officials Acquitted. JERSEY CITY, N. J., Aprtl 29.—The ex- street and water commissioners, Madden, Yoe, Dugan, Cook and Somers, who have been on trial for conspiracy in trying to Posts any the city, were acquitted this morn- eg. — Judge John McShane’s Death. BALTIMORE, Md., April 29.—Judge John McShane, aged sixty-five, of the Howard county orphans’ court, died suddenly at Mt. Hebron, his home, near Ellicott City, at 12 o'clock last night. He had been suf- fering from a severe attack of the grip, but yesterday was able to walk about his room. ee Tiness of Freytag. WIESBADEN, April 29.—Gustave Frey- tag, the well-known German author, fs still with pneumonia. oe Rumored New York Appointments. NEW YORK, April 29.—The rumor ts re- vived this afternoon that Col. Fred D. Grant will be appointed a police commis- sioner. It is said that on May 1 the mayor will remove Commissioners Martin, Murray and Kerwin, appointing in their places An- drew D. Parker, democrat, and Theodore Roosevelt and Col. Grant, republicans. —_— No Strike Probable. A number of the drivers of the Anacostia : Company and a member of the committee on the part of the Railway Pro- e Union having charge of matters growing out of the recent strike of the former today united in a denial of the story that a second strike on the part of the drivers is contemplated. The statement was made that the rela- at the present time between the com. de and the union are of the most friend- ly cha tracter, and are likely to continue so. West Point Visitors. The President has appointed the follow- bers of the board of visitors to ‘nited States Military Academy: Blair of Illinois, Gen. Thomas J. Wood of Ohio, A. Leo Knott of Mary- land, Dr. E. G. Janeway of New York, eeaaOy, Butler of Massachusetts, John LW ight of Kentucky, Peter Hariston of The following are members of ‘don the part of Congress: Sena- as of Wisconsin, Senator Frye of eeler of Al: sentative Washington of Ten- messee, Representative Milliken of Maine, LATE-NEWS BY WIRE SUDDENLY’ STRICKEN Police Sergeant Kerby Dies This Morning at Anaoostia, He Was Apparently im Excellent Health Up to a Short Time Be- fore His Demise. Sergt. Charles Kerby of the Anacostia substation died this morning at 9:30 o'clock at his residence, No. 134 Jackson street, Anacostia, after an illness of less than an hour. Sergt. Kerby left his. home about 7:30 apparently in the best of health and went direct to the police station on Harrison street. He went out on some duty, and upon returning to the station about 8:30 o'clock complained to Station Keeper Eck- lauf that he was very sick, and shortly afterward finding that he was fast becom- ing worse went to his home and retired to his room. ‘ Mrs. Kerby noticed upon his entering the house that her husband was very ill, and at once sent for Dr. R. A. Pyles. By the time he reached the house, however, the stricken man was dead. Sergt. Kerby was known by everybody in Anacostia, and the news of bis death spread with rapidity and produced a feel- ing of sadness closely akin to that caused by the recent drowning of Miss Canter and Irving Lysles, for, like them, he was _uni- versally popular. Lieut. McCathran of the fifth precinct heard of Sergt. Kerby’s sud- den death at police headquarters. He was greatly shocked, and at once drove to the Anacostia station, where he gave such di- rections as were necessary under the cir- cumstances. Coroner Hammett was notified, and after an investigation decided that death had re- sulted from natural causes, and that an inquest was unnecessary. The remains were prepared for burial by J. William Lee, but the arrangements for the funeral have not been completed. Sergt. Charles Kerby was born in Oxon Hill cistrict, Md., October 10, 1844. He was appointed a private on the police force in August, 1875, and assigned to the eighth precinct. He subsequently served in other precincts, and about seven years ago was promoted to a sergeancy. When Lieut. McCathran, who, at the time of his promo- tion, in 1891, had charge of the Anacostia substation, was placed in command of the fifth precinct, Sergt. Kerby succeeded him at Anacostia. The deceased was a member of St. Tharesa’s Catholic Church, the con- ference of St. Vincent de Paul and the Catholic Knights of America. He leaves a widow and five small children, the oldest about fourteen years of age and the young- est a baby. —_——.—___ DID NOT ARRIVE. Alexandrians Complain of the Hy- draulian Flre Company. There is considerable complaint today in Alexandria of the Hydraulian Fire Com- pany for failing to get to the fire last night. They were told the exact location of the fire and left their house twice without ever getting within several squares of it. Seeretary C. F. Neale of the hydraulian company was asked by a Star reporter what the trouble was. He said he hadn't the slightest idea. Chief Engineer Warfield was next seer, and in the conversation had with him he stated to The Star reporter: “I am pos- itive that the hydraulian people were noti- fied by a responsible person the exact lo- cation of the fire (and they admit this noti- fication) and I am utterly at a loss to understand why they did not go-to the fire. I have reported the matter verbally to Mr. Hill, president of the board of fire wardens, and will follow it up with a writ- ten report. While we are on this subject I might as well say that the police are required by the regulations to run to the nearest fire engine house and turn in an alarm whenever a fire occurs at night. This was not done last night and is sel- dom, if ever, done. No belis were rung at last night's fire at all.” Mr. Warfield said further: “I would also like to call attention to the crippled condi- tion of the fire department at this time, and this will be embodied in a special report I shall make to the fire wardens. The Co- lumbia company is without horses and con- sequently have to wait until some of the other apparatus gets to the fire and sends its horses back for their engine. The truck is in horrible condition and might fall to pieces at any time (it is one we borrowed in Washington). Judging from present in- dications I hardly expect our own truck, which as been in the shop for several months past for a general overhauling, to be in service again before 2001." The mud- die of last night shows the great necessity for 2 complete fire alarm system, there be- ing none at this time. A prominent in- surance man said this morning, “If this thing keeps up our companies will feel bound to raise the rate.” —_—_.__. EX-CONSUL WALLER’S CASE. The Inquiries Made by Mr. Eustis at Paris. The representations which Ambassador Eustis was instructed to lay before the French government touching the arrest and confinement of ex-United States Con- sul Waller in Madagascar and his sub- sequent deportstion to France were ex- tremely courteGus in tone and were in- tended to develop the French side of the case. It was stated that as Mr. Waller is an American citizen the Department of State feels bound to inquire into ali the circumstances in his case, to be informed specifically of the ‘nature of the charges made against him and of the evidence upon which he was convicted. 'The report of United States Consul Wet- ter, who succeeded Mr. Waller as United States consul there, while substantially confirming the newspaper reports of the case, was not sufficient to satisfy the State Department, which desires an accurate statement of all the facts before determin- ing what its attitude shall be in this mat- ter. Tnerefore Mr. Eustis has requested the French government to be supplied with an official statement of all of the facts as developed before the court-martial in Mad- agascar. It may be also that he will request the privilege of communicating personally with Mr. Waller, who is now in confinement un- der penal sentence, to gather further in- formation from his side of the case. It is stated that this preliminary proceeding in no ways commits the United States to a recognition of the regularity and legality of the trial of Waller by a court-martial, and, in fact, all rights to object to any steps that have been taken are reserved. ———— DISTRICT GOVERNMENT. Toda; Orders. The Commissioners today ordered that the public hydrant at 15th street and New York avenue northwest be abandoned. The permit clerk is authorized to issue @ permit to the Chesapeake and Potomac Telephone Company to change the location of pole in alley in square 179, in accord- ance with plat on file in the engineer de- partment. . ‘An allotment of $1,440.52 from appropria- tion for current Tepair to streets, avenues and alleys to be extended in current quar- ter of fiscal year on requisitions approved by officer in charge of surface division is hereby approved. That a 24-inch drain pipe be laid across North Capitol street, In accordance with plat on file in engineer department. Poundmaster’s Work. Last week Poundmaster Einstein cap- tured 106 dogs and 2 horses. Of the dogs impounded 97 were killed before Saturday night, and several were redeemed. The amount collected from sales and redemp- tions amounted to 412. Assistant Inspector of Buildings. The resignation of George I. Bradley, as- sistant inspector of buildings, has been ac- cepted by the Commissioners and Snowden Ashford has been appointed to fill the va- canecy. Mr. Bradley has been appointed draughtsman in the {nspector’s office. Mr. Ashford is a son of Mr. Mahlon Ashford, a long-time resident of the District. He is a young man, but has had considerable ex- perience in building matters, having been for a time connected with the work on the new Congressional Library. He is a col- lege graduate and a practical architect and his appointment has been received with considerable favor by all those who have any dealings with the building inspector's office. THE EVENING STAR, MONDAY, APRIL 29, 1895—TWELVE PAGES. THE KIDWELL CLAIMS Taken Up Today in Potomac Flats THE HISTORY OF THE CASE Mr. Hamilton Says Grave Injustice Has Been Done. THE ACTION OF CONGRESS era 2 The consideration by the Court in General Term, Chief Justice Bingham and Justices Hagner and McComas, of the case of the United States against Martin F. Morris and others, to quiet the title of some forty de- fendants to the Potomac flats and to the adjacent river front from about Easby’s Foint to the arsenal, was resumed this morning. The consideration of the claims of the Marshall heirs, who claim the river bed from shore to shore, was concluded Friday afternoon, and this morning the court took up the claims of Mr. Justice Martin F. Morris and others, who claim the Potomac flats from 17th street up to a point just beyond Easby’s Point, under the so-called Kidwell patent. These claimants are represented by Mr. Geo. E. Hamilton and by Mr. Nathaniel Wilson, and the for- mer made the opening argument today. In beginning his argument, Mr. Hamilton said that at the very outset they questioned the constitutionality of the act of Congress —that of August 5, 188¢—providing for the. institution of the present suit. The govern- ment, he stated, had allowed the land to be improved and had even granted away parts of it when it was believed to be utterly worthless. When, in 1869, John L. Kidwell obtained a patent from *':< general land office for the land in question—some 47.71 acres, designated as the Kidwell meadows—Dr. Kidwell, explained Mr. Ham- ton, was looked upon as little less than a maniac for taking the property; but when he persisted, and it was realized that the iand would in the course of time become very valuable, the public press and others sought to belittle his title. Nevertheless, sald Mr. Hamilton, Dr. Kidwell persevered in his efforts to hold the property granted him, and when his title was questioned it was sought by those claiming under the Kidwell patent to induce Congress tO au- thorize the Attorney General to bring suit to vacate any patent which in his opinion had been by mistake or illegally or im- properly issued for any part of the marshes or flats within the limits of the proposed improvement of the Potomac river. Such authority was finally given in the river and harbor act of August 2, 1882; but, sald Mr. Hamilton, for some unexplained reason the Attorney General never so proceeded, al- though frequently solicited to do so by the Kidwell claimants. The act of 1886, how- ever, made such a suit mandatory on the Attorney General, but for the extraordi- nary character of the latter act, sald Mr. Hamilton, for its peculiar language and the drag-net scope of its provisions, the claimants under the Kidwell patent dis- claim all responsibility. The Government's Acts. By the proceedings under the act of 1886, argued Mr. Hamilton, the government recognized the claims of the parties, al- though it seeks to attack its own acts. The government, exclaimed Mr. Hamilton, says: “I passed this act because I was able to do so, and to compel you to fight me.” By the terms of the act, said Mr. Hamil- ton, Congress made the District Supreme Court and the United States Supreme Court bodies of less dignity than a coroner's jury. It denied the claimants right of trial by jury, ‘‘and,”” exclaimed Mr. Hamilton, “if @ private individual should attempt to do the same thing he would be looked upon as little less than a highway robber. The act of 1886 is a strange and monstrous pro- ceeding, and we deny its constitutionality.”” In 1867, said Mr. Hamilton, Dr. Kidwell applied for the patent, but did not obtain it until December 6, 1869, when it was is- sued to him under the authority of a joint Searnecn of Congress of February 16, That act, explained Mr. Hamilton, pro- vided that the acts of Maryland for se- curing titles to vacant land continued in force by the act of Congress of February 27, 1801, in that part of the District teded by Maryland and heretofore inoperative for the want of appropriate officers or authority in the District, should thereafter be executed, as regards lands in the coun- ty of Wasington and without the limits of the city of Washington, by the Secretary of the Treasury, through the general land office. Applications for warrants, stated Mr. Hamilton, were directed to the sur- veyor for the county, who was directed to make return to the commissioner of the general land office. Payment for the land was to be made to the United States treas- urer, upon whose certificate of payment there should issue a patent for the land frem the commissioner. It was true, how- ever, sald Mr. Hamilton, that the joint resolution in question provided that any land ceded to or required by the United States for public purposes should not be affected. The Joint Resolution. The occasion for the passage of the joint resolution, declared Mr. Hamilton, was an attempt by some persons to take up of the very same flats through an application to the Maryland officers. Under the author- ity of that joint resolution, he stated, the Secretary of the Treasury promulgated certain regulations, but the government, said Mr. Hamilton, charged, but unjustly so, that in the issuance of the Kidwell patent there was a failure to comply with some of them. Every requirement, assert- ed Mr. Hamilton, had been observed both in the application for, and in the issuance of, the patent to Dr. Kidwell, and yet he is now charged with fraud, because he had the prescience, which others did not have, to see that the property, because of the advance of Washington, would become greatly enhanced in value. Grounds of Invalidity. Although, asserted Mr. Hamilton, other titles, probably of far greater value, are involved in the present case, the burden of the government's bill of complaint is a de- tailed attack upon the Kidwell patent, and, he thought, an unjustifiable assault upon the memory of three honored former resi- dents of Washington who have passed to their last account. The grounds of in- validity_urged against the Kidwell patent, stated Mr. Hamilton, were: First—That the land covered by the patent was within the limits of the city of Washington. Sec- ond—That the land was not within the county of Washington. Third—That the land was covered by water at the time of the cession by Maryland, and was, there- fore, reserved for public use. Fourth—That in the years 1868-69 the land was not dry, solid land and was unfit for cultivatio. Fifth—That the land was subject to tidal overflow, the warrant to thé surveyor call- ing for a survey of firm land, not subject to tidal overflow. Sixth—That the land was part of the mainland of the city of Washington, being an accretion thereto. Seventh—That the patent was obtained by fraud, the alleged fraud consisting in the fact that the brother of the commissioner of the general land office acted as attorney for Dr. Kidwell in procuring it; that certain statements contained in certain affidavits filed by this attorney in order to procure a reheafing are alleged to be false, and that Dr. Kidwell sought to obtain title to the land for the purpose of speculation. And, eighth—That the patent was not issued in accordance with the laws of Maryland and with the regulations promulgated by the Treasury Department. . The Claim Left. Explaining that Dr. Kidwell died in 1885, and that he conyeyed undivided interests under his patent to John Wilson, his attor- ney, Henry Wells and to Judge Morris, they and their successors now claiming under the patent, Mr. Hamilton proceeded to discuss the objections to the patent urged by the government. The patent, he argued, was of itself conclusive evidence that it was sufficient, and he claimed that the government could not sybstantiate its allegation of fraud, because of the simple but all sufficient reason that no fraud had been consummated or even attempted. To the allegation of the government that the land in question was part of the main- land, Mr. Hamilton devoted the greatest part of his argument, contending that the government’s own witnesses conclusively showed that a clear channel of running water separated the land from the city, un- questionably making the land in question e well-defined island, Ak At fs well for advertisers fo Beep steadify in mind te fact tat Be Star mates 4 sworn eénifed statement cac§. Satieday of its circu: fation for Be preceding week Gnd Bat itis tBe onfp Mach: ington newspaper that rece. ognizes the right of the ad- tertiser fo fnow the measure of publicity for which Be is paying. Ce amount of ad- bertising appearing daifp in Se Star is ampfe evidence that his poftey is appreciz ated. Be average daifp circufation fast week was 33,896. REV. FATHER WARD DEAD. A Priest Well-Known Here and in Frederick. Rev. Father James A. Ward, 8. J., died at 1:20 o'clock this morning at Georgetown College. He was within five months of his eighty-second year. Father Ward was born. in Philadelphia,’ Sepember 1, 1813. When abdut seven years of age his parents removed to Washington, where, at ten, he entered the Washington Seminary, then on F street near 9th, which later developed into Gonzaga College. He matriculated in Georgetown in 1829. When he finished rketoric he entered the Society of Jesus. This was cn August 6, 1832. His novitiate was at White Marsh, Maryland. In 1833 he came to Georgetown a8 pro- fessor of poetry and rhetoric, remaining such until 1841, when he began there the study of theology. On July 4, 1813, he was ordained priest in Old Trinity, George- town, by Archbishop Eccleston. He con- tinued his studies and was made prefect of schools. In 1845 he became professor of rhetoric, and in 1846 was made minister of the college, a position next in importance to that of rector. In 1848 he was selected to fill the chair of college vice president. In 1851 he was sent to Frederick, Md., as professor of juniors. In_ 1852 he became minister and prefect at Gonzaga, Washington. The next year he was sent to Loyola College, Balti- more, as professor of chemistry and mathe- matics. In 18357 he became minister of that college and prefect of schools. On August 15 of that year he was appointed rector of St. Joseph College at Philadelphia. In early 1861 he went back to Frederick as professor of rhetoric and on “August 15, 1861, became rector and master of novices. On September 4, 1883, he resumed the chair of rhetoric at Frederick. In 1805 he again became vice president of Georgetown Col- lege. Three years later he again went back to Frederick and on August 16, 1369, became rector there. , In October, 1877, he became sochius to the provincial of the province, which office he held until May 28, 1882, when he bécame prefect of studies at Loyola College, Bal- timore. After going again to Frederick in 1885, he was appointed prefect at Holy Cross Academy, Worcester, Mass. Back he came once more to his old charge, Freder- ick, until 1888, September 13, when he be- came sochius to Father Campbell, then provincial. On’ September 14, 1889, he be- came rector of the Frederick S. J. charge, and on December 17, 181, he went back to his alma mater. Being then too infirm to take up regularly the arduous duties of a teacher, he acted principally until his death as spiritual father. The students received much assistance from him, though, in spite of his disabilities. : Father Ward had a cheery, sunny dis- position, and his conversation was always replete with anecdote. He had superfor knowledge of Latin and Greek, and wrote excellent poetry in both these languages, as well as in English. Last year he wrote a Greek play, which was acted at the Georgetown preparatory school. His men- tal qualities were retained until the last. The funeral will be held on Wednesday, when the office of the dead will be recited at 9:30 o'clock, followed by mass at 10. The interment will be in the college burying ground. —_—_-.—__ AFFAIRS IN GEORGETOWN. Jealousy Leads to an Attempt at Mur- der. For the love of an ebony maiden Spencer Walker last night fired four shots at a fel- low-man—Jerry Jones—who, it is al- leged, has been trying to steal the affec- tlons of Spencer’s girl. None of the shots took effect, the shooter’s volcanic jealousy having unnerved him. The demonstration took place in Kimball's court, in the rear of the Phillips school building. Walker was arrested and charged with carrying con- cealed weapons and assault with intent to kill. The Rev. W. S. O. Thomas of the Gay Street Baptist Church last night preached a sermon.to the Knights of Pythias here as a body and in uniform. . Mrs. Roberta Peters’ funeral took place this morning at 11 o’clock. Interment at Oak Hill. Mr. J. William Riley will leave tomorrow for Indian territory, where he will be en- gaged until December on government sur- veys. James E. Padget and Catherine T. Arlow have sold to Calvin Payne lot 51, square 19, being premises on South street near 32d. —.—__ AFTER THE LAWBREAKERS. The Police Are on the Lookout for Burglars and Others. Since Saturday afternoon Inspector Hol- linberger’s detectives, as well as the police in the several precincts, have made every effort to capture several burglars, but with- out success, although the presence of the officers at certain points may have pre- vented some burglars from looting houses and committing*other depredations. It was thought that the burglars who have been robbing the houses of ministers while the latter were at church might make another attempt to operate, and the police were particularly active about the houses of the ministers where it was thought the bur- glars would probably go. Several of the detectives were put on this work last night, and pclicemen in citizens’ clothes were also on the alert, but the bur- glars failed to appear, and were probably at work in a neighboring city. The fact that so many of the officers were at policé headquarters early Sunday evening gave rise to the rumor that an- other Sunday night raid on Jackson City was to be made, and the residents of this lawless village were in a state of uncer- tainty all night. It is reported that many of the “touts”. and loungers about the race track left Jackson City and took refuge in the country. Detectives Horne and Weedon were busy following; up the safe blowing case and making a further investigation of the statements contained in the confession of “Billy” Williams. ‘The principal work being done in this case now is an effort to capture Charles, alias “Buck,” Offutt and “Jack” Dempsey, who are still at large. As heretofore pub- lished, Offutt has been located several times, so the officers say, but he managed each time to get out of the way before they reached the place where he had been. The officers have no idea of the where- abouts of Dempsey, so they say, and he be- ing a stranger to them, they expect to ex- perience some trouble in getting him. In the Holcer robbery, involving the theft of $1,200 in gold and $351 in greenbacks, Detectives Carter and Gallaher are stili working. A number of supposed clues have been obtained, and the officers have re- ceived several letters concerning the rob- bery from persons who imagined they knew something of the thieves, but the latter are still at large. THE TAX LAW UPHELD Judge Cox's Decision in the Case of August Burgdorf. PENALTIES FOR DELINQUENT TAXES Law of 1877 Stands Regarding Pay- ments and Sales. POINTS OF DECISION —_—_-—___ Judge Cox this morning delivered his opinion in the case of August Burgdorf against the District of Columbia, in which Mr. Burgdorf sought to have the District Commissioners restrained from enforcing the penalty prescribed by the acts of 1877 and 1878, authorizing the sale of real es- tate for delinquent taxes. The court dis- missed the petition for injunction and sus- tained the law in all respects. Mr. Burgdorf claimed that the acts men- tioned, which prescribed a penalty of 2 per cent per month on delinquent taxes, were but temporary acts, and it was not the intention that they should cover future delinquencies. On the contrary, however, Judge Cox, in his decision, held that the law is clear in providing that the penalties embraced in the acts cf 1877 and 1878, until repealed, are operative. Counsel for Mr. Burgdorf will appeal from the decision of Judge Cox. to the Court of Appeals. Judge Cox's Opinion. In his opinion Judge Cox first treated of the subject of penalties, saying that that question depends upon the act of March 3, 1877, an act for the support of the govern- ment of the District of Columbia for the fiscal year ending June 30, 1878, and for other purposes. “The contention here is,” sald Judge Cox, “that if this act is still in force the penal- ties can only be added up to the first day of June, and in this case it could only be added to the first day of June, 1804, and only.one penalty should be added to the second installment of the tax; and further it is contended, however, that this law was merely a temporary one, and did not apply Roleay, fiscal year subsequent to June 30, S78. “Now, the first contention is that in the first assessment of the tax no penalty is to be added after the Ist of June. The lan- guage seems to me too plain to admit of any construction of that kind, because it provides that if such installment shall not be paid before the Ist day of December it shall thereupon be in arrears and delin- quent, and there shall then be added, to be collected with such taxes, a penalty of 2 per centum upon the amount thereof, and a like penalty on the Ist day of each suc- ceeding month, until payment of the in- stallment and penalty.” Accumulnting Penalties. Speaking of the publication of the de- linquent tax'list, Judge Cox stated that he could well understand, if the collector of taxes should delay the advertisement until months after the law required it to be pub- lished, that he could not accumulate pen- alties upon an amount properly resulcding from his own negligence; but, according to the law here, on the Ist of July an entire month will have elapsed before the ad- vertisement, and pending the advertise- ment and before the sale a second penalty would accrue—that is, the month of Au- gust. But the court added that he could not see how the collector could omit these two months without direct disobedience of the mandate of the law. The court also remarked that it was con- tended that the act referred to is a tempo- rary one, but, he added, the contention seems to ignore entirely the last section, which is section 18, that this act shall re- tain In tax law of the District of Colum- bia for each subsequent year after June 20, 1878, until repealed. Judge Cox then declared that the act of June 11, 1878, an act to establish the per- manent form of government for the Dis- trict, seems to give permanency to the act of 1877, if it had not been already given by the concluding section of that act. ‘As to the matter of illegal or exorbitant charge for advertising, the court -said that was not a matter for judicial determina- tion, and an application for relief should be made to Congress, which body, it seemed to him, could alone grant the relief prayed for. —_———__ IN A SEA-OF MUD. The Alexandria Stakes at St. Asaph’s Run Today. The weather today was very disagreeable at the St. Asaph track, it being cold and rainy, and had the effect of keeping the at- tendance down to a small degree. The card for today was a small ohe, but was made up of very good horses. The feature of the day was the Alexandria stakes. The track was a perfect sea of mud. Fifteen books were on. The Analostan stakes of $1,000, for three- year-olds, will be run Wednesday. Yomorrow’s Alexunder Island Entries First race, four and one-half furlongs, selling—Brogan, 111; Syde, 106; W. O'Brien, Rufus, 103; Flash, 102; Louis Gualorzi, Bellagio, 99; Chink, 99; Quilla, 101; Pattl, 101; Calista, 97; Juliet, 97; Delia M., 97; Nina, 97; Dama, 97. Second race, six and one-half furlongs, selling—Little Bravo, 100: Marble Post, 100 Anxiety, 100; Wang, 100; Trouble, 10 Come Home, 100; Devisee, 100; Lento, 1¢ Luray, 100; Sentinel, 100; Iceland, 100; Glorianna, 100; Lotion, Duke of Fief, 100. Third race, six-and a quarter furlongs, selling—Pickaway, 110; Bay Secret, 110; Reynard, 110; Mask, 110; Traitor, 110; Ched- 110; Bon Voyage, 110; Imp. Holyport, Blizzard, 110; Columbus, 110; Vesti- bule, 110; Cerberus, 110; Pestilence, 110, Fourth race, five-eighths of a mile (sell- ing)—Con Lucy, 111; Civil “Service, 108; A. O. H., 108; Clansman, 108; Sonora, 106; The Clown, 105; Lebanon, 105; Wakoff, 105; Tim Flynn, 105; Marguerite, 108; My Gypsy, 103; Jennie, 103; Robusta, 100; Imp. Frolicsome Lass, 100; Halcyon, 1 Fifth race, six and a quarter furlongs, selling—Pathway, 110; Quartermaster, 110; Benjamin, 110; Headlight, 110; Torraine, 1j0; Prince Klameth, 110; Saginaw, 110; Jersey Pat, 107; Bolivar, 107; Imp. Bones, ; Annorean, 105; Maggie Murphy, 105; Pulitzer, 105. Sixth race, seven-elghths of a mile; sell- ing—Gonazales, 114; Trinculo, 113; Dillon J., 112; Rama, 107; Bronston, 95; Fritz, 93; Finnwater, 93. ae FOUND DROWNED. Recovery of the Body of an Unknown Elderly Colored Woman. Yesterday morning about 7 o'clock the Police of the fourth precinct recovered from the river near the foot of 9th street the body of an unknown colored woman, ap- parently about sixty-five years old. Decom- position had set in, showing that the body had been in the water some time. A num- ber of colored people viewed the body be- fore it was removed from the river front, and later in the day many persons visited the morgue, but none of them were able to identify the corpse. The body will be held at the morgue a short while, and, if not identified, will find a resting place in potter’s field. There were no marks of violence about the body. pase ee CLUB VS. COMPANY. Electric Light Contention Brought Up in Court. Hearing was begun today before Judge Cox of the case brought by the Metropol- itan Club against the United States Llec- tric Lighting Company, to prevent the lat- ter from discontinuing the lighting of the club house, the facts of which have here- tofore been published in The Star. Messrs. Calderon Carlisle and William G. Johnson represented the Metropolitan Club, while the United States Electric Lighting Com- pany was looked after by Messrs. John Mc- Kenna and Henry Wise Garnett. After ar- gument Judge Cox continued the injunc- tion for final hearing. —_—._—_ Divorce Granted. Judge Cox this afternom granted a di- vorce to Carrie LL. Cobb, whose maiden name wes Buxton, from Benjamin F. Cobb and the custody and control of their child, Marguerite Buxton Cobb, The is DAMAGES FOR HIS DEATH Colored Citizens to Sus the District for the Killing of Foster. : A New Plan Suggested—The District Considered Responsible for Police- Act. man Green’ ‘The refusal of the last grand jury and the ‘present one to bring in an indictment against Policeman Green for the shooting of Reuben Foster has not put an end to the movement among colored ministers of this city to secure some reparation for the wrong which they assert has been done. ‘The sermons in several of the colored pul- pits yesterday were on the subject of the killing of Foster and the exonerating of Green. The colored clergymen who con- stituted the committee which waited on the Commissioners during the week and asked for the removal from the force of Policeman Greer talked earnestly to their congregations upon the subject, and urged them to attend a mass meeting, which is to be held tonight, when ways and means will be devised for the further prosecution of the matter along some line. It is pro- posed now, since the efforts to have Green prosecuted criminally have failed, to bring a civil suit against the District of Colum- bia for criminal negligence in the killing of Foster. Members of the ministers’ com- mittee say that if the killing was acci- dental while Green was discharging his duty the District government is responsible for the death of Foster, and that the fam- ily‘of the deceased ought to be compensated for the loss of his life. The New Movement. Dr. Walter H. Brooks, pastor of the Nine- teenth Street Baptist Church, who was a member of the committee which waited on the District Commissioners, said yesterday that he had consulted with some of the leading lawyers in the District, and that they had said to him that they belleved that the District could b> made civilly liable for the death of Foster, if it can be proven that his death was caused by an accident and that the accident was occasioned by the discharge of the duty of a police officer. Mr. Brooks stated that men who have taken an active partyin the prosecution of the matter thus far are willing to raise the necessary funds to make a test of the mat- ter, and the churches will contribute lib- erally to that end. The Baptist Ministers’ Union, the Equal Rights Council and the Citizens’ Protective Asoclation will, Mr. Brooks declared, keep the matter before the public continually until some re@ress is had for the injury which they claim has been done. “There have been more colored men killed in this city by policemen,” said Mr. Brooks, “than in any other city in the country, and it is time that it should be stopped. If we do nothing in the matter the wrong will go on, but if we agitate the lives of colored men will be less wantonly sacrificed.” A Mass Meeting. The mass meeting which has been called for tonight will be held at the Metropoli- tan Baptist Church, on R street, under the auspices of the Citizens’ Protective Asso- ec:otion, of which Perry H. Carson ts the president. The report of the committee which some time ago, headed by Perry Carson, visited the Commissioners and ask- ed for the removal of Green, will be re- ceived and further action in the matter will be advised. The Baptist Ministers’ Union held its reg- ular meeting today in the Mt. Carmel Bap- tist Church, and the committee which was appointed from last week’s meeting to wait on the Commissioners submitted its report, saying that the Commissioners had promised togive the matter their attention. ———>—_. SILENT POWER, An Inventor From Here Killed Near Pittsburg. Inspector Hollinberger today received a letter from Coroner McDowell of Pittsburg asking for information concerning the iden- tity of a man who was killed near that city Saturday morning by falling through a railroad trestle. The letter did not give any further particulars concerning the man’s death, whether suicide or accidental, but described the deceased as being about sixty-five years old, five feet six inches tall, light complexion, gray beard and mustache, The coroner also sent a paper found on the man’s body, which bears the name John Lee Cooper, inventor, 1725 Pennsyl- vania avenue, Washington, D. C. The pa- per bears date October 31, 1892. It contains something about a “silent power,” which he has invented, and con- tains the names of persons whose names appear as subscribers on conditions. Ac- cording to the paper the inventor does not claim that the patent is of any value and the money Is not to be paid until the inven- tion is a success, The subscribers are promised 1 per cent of the profits for every $5 invested. The names attached to the paper are W. M. McFarland, $10 (loaned); John H. Cook, present employer; John Collins, last em- ployer; Samuel D. Noland, $5; J. B. Burke, warden United States jall, $5; A. N. Rob- inson, treasury, $5; Henry West Vail, pen- sion office, $5. Detective Quinlan has been given the let- een and paper and will make an investiga- ion. Remembered Here. In the neighborhood of 1725 Pennsylvania avenue it was learned this afternoon that Cooper is remembered as an eccentric old man who lived at that-number about five years ago. He had no family, and was re- marked by the neighbors as being of a queer disposition. His inventions are re- called now, though Uttle or nothing is known of their nature. He disappeared from that vicinity four or five years ago, and has not been seen since, except, pos- sibly, by a young man who stated to a Star, reporter this afternoon that he thought he recognized Cooper passing on the street a few weeks ago. The family now living at 1725 Pennsylvania avenue know nothing whatever of the man. —_—.__ Shorter Hours at the Printing Office. There is prospect that the hours of work at the government printing office will be shortened by one hour during the summer months. Saturday a committee of employes presented to Public Printer Benedict a petition signed by nearly all the employes in the office, asking that the hour for clos- ing the day shall be 4:00 instead of 5:00, as at present, from May 1 to September 1. Mr. Benedict took the request under con- sideration, and it is thought he will grant it if it is within his power under the law. SS ie Grain und Cotton Markets. tton and grain market rted by W. B. Hibbs, stock, grain and rotten broker, ial ¥ at, High. Tow. Close. 62! SPE a 63" 64 2, oe Be ot. 12. eR SE. or i Baltimore Markets. BALTIMORE, April 29.—Flour super, 2 firmer—western 25a2.40; do. extra, 2.50a2.90; do. family, winter wheat patent, w do., 8.7504.00; spate it straight, 3.50a3.75— receipts, 10,385 barrel: shipments, 119 barrels; sales, 2,875 barrels. Wheat unsettled, hi; —spot ind month, €9a60'%; May, 69 asked; 6; 67%; steamer No. 2 red, 66266:,—re- ceipts, 1,655 bushels; stock, 134,604 bushels; sales, 115,000 bushels; southern by sample, do. on rade, pat » Corn strong—s] and mouth, 53; May, 62%052%; July, id; steamer mixed, '51%4a51%—receipts, 14,650 Bt 236,582 Dushels? sales: 85,000 bushels: gouthers Rite com, 9344058; do. yellow, 68054. but firm—No. « Bins : Yery firm—good to cholce timothy, $13. uae freights dull, unchanged. Su; a 2022! 10$13.50, Td higner." Butter steady fancy’ creamery, & ¥ —fancy creamery, do, imitation, ‘good 18a19; do. ladle, 14; Bald. ,. steady—fresh, 18. Che let—1 Ne Xe 60 11%; He Gms sole cteae Nag Zak) aim HK FINANCE AND TRADE Less Demand in London for American Securities. MODERATE SALE OF THE GRANGERS Favorable Reports Send Up the Coal Stocks. GENERAL MARKET REPORTS Special Dispatch to The Evening Star. NEW YORK, April 20.—The temporary preponderance ef reactionary sentiment at the opening of today’s stock market re- sulted in a uniform reduction in values. London’s early advices indicated a frac- tionally lower market at that center for all active issues, except those of the Southern railway. There were no new developments on which to base the belief in lower prices, and the movement, con- sequently, was shortlived. The Grangers opened at substantial con- cessions, and were sold moderately by the room, but later efforts to recover early sales forced prices well beyond those first recorded. St. Paul's statement for the month of March, showing a net decrease of only $28,806, was favorably construed by traders, owing to its decided improvement over the generally expected report. The bind syndicate’s efforts to make this property the speculative barometer of the foreign market will be greatly facilitated by a continuation of such reports°on the part of the company. The coal stocks were marked up from a weak opening on rumors that the presi- dents of the disputing roads had agreed upon a plan of settling the tonnage prob- lem. Scme definite announcement of the Purpose of the committee is expected to- qrorrew, but past disappointments in this od ainael resulted in very cautious trad- ing. Reading gained 11-8 per cent from open- ing figures, and Jersey Central 3-4 per cent on a fair volume of business, while the higher priced members of the group, on a few transactions, recorded moderate gains. The industrial list’attracted a good ume of business on irregular trading, in which the room element was most con- spicuous. Sugar opened at 1001-4, sold down rapidly in the first few minutes and rallied steadily to 1093-4 on what ap- peared to be decidedly confident buying. The early break was due to uncovering of stop orders and the marketing of a block of 5,000 shares of stock accumulated for a particular purpose and sold because of the failure of that purpose. The expected advance of 1-16 per cent a pound in all grades of refined sugars was announced during the morning and encouraged a re- newal of last week's assurances of a fur- ther advance in the price of the stock. Distillers was in good demand up to 19 7-8, the fraction representing the gain from Saturday’s closing. All the assess- ments are now on this property, and the effect of good management will be waited fcr to improve the market value of the new full-paid certificates. American Tobacco broke sharply at the opening for s net decline of 8 3-4 per cent, due to a rather free marketing of the stock under stop orders, Later trading resulted == powers of Ned —_ oe of the de- cline. The mar! ‘or fo! exchange was dull and steady, with previously re- ported conditions still in force. The re- ceipts of bills from the interior were small, ard the inquiry from remitters restricted, The trading of the last hour was active and in many instances the best prices of the day prevailed during this period. Su- gar sold up to 110, at which point sales were instrumental in forcing a m< erate reaction. The sentiment at the close of business was generally favorable to con- tinued advancement, ————— FINANCIAL AND COMMERCIAL. The following are the opening, the high- est and the lowest and the closing prices of the New York stock market today, as re- ported by Corson & Macartney, members New York stock exchange. Correspondents Messrs. Moore & Schley, No. 80 Broadway: High. Low. Close 10 108% 110 100 100 98K 1053 101 101 Chesapeake and Ohio.. c.. C., C. Chi and 8t. L. C.. Chic., R.L and oe iew Jersey Central. pee York Central. Wheeling and. Brie. Wheeling and L. B. Prd. Western Union Tel. Wisconsia Central. Sliver... “4th assessment pai a Washington Stock Exchange. Sales—regular call—12 o'clock m.—American Se- curity and ‘Trust, 5 at 137. Washington Gas, 80 Si. After call—Washington Gas, 15 rt S2%5 at 5 a Tear fund Se, 108 : Gs, gold, 114% bid. 3.658, fund- ing, currency, 111%’ bid. ” 3%s, registered,” 2-10, 100 bi 100. bid. ‘Miscellaneous Bonde. Washington and George- town Kallroad conv. 68, Ist, 128 bid, 135 asked. Washington and Georgetown allroad conv. a, 128 bid, 135 asked. Metropolitan Railroad conv. Ga, 102 bid, 103 asked. Belt Hallroad™5s, 85 bid. Eck- bid. Columbia Railroad 6a, rs ton Market Company. ask Washington Market Company imp. 6s, 110 bid, 4 asked, | Washington Market Company ext Gs. 1 bid. Masonic Hall Association Ss, 103 bid. Wash- Ingion Light Infantry 1st 63, 101 bid. Washingtom Light Infantry 2d 7s, 100 bi National Bank Stocks.-Bank of Washington, 230 bid, 300 asked. Benk of the It 259" bid, <3 bid, ed. Cen 35 Dis Capital West End, 108% bid, 111% asked. bid, 112 asked. Lincoln, 100, bid. | Olio, fe it a st Compantes,—Nat! ma bid. 26 asked. id. Hel, 25 ask town and Tennallytown, 35 orks. ‘ked. Insurance iS bid. 56 4 asked. = ok 14 asked. ae % need. “Ducots, oe pst 108 8 ask tle, 10 bid, 50 osked. asked, Tueo- ‘Title, T bid, 116 asked. Washington Titie, 6 asked. District 13) ed. ‘Telephone Stocks.—Pennaylvanta, 37 bt ou ke and Potomac, 51 “bid, vi% in Graphophone, 2% bid, 8 ‘asked: matic Gun Carriage, .20 bid, 81° asked. Miscellaneous Stocks.—Washington Market, 4 bid. Great Falls Ice, 130 bid. 145 asked. “Bul Run Panorama, 80 asked. Washinzton Brick Come ‘ay, 100 bid. Lincoln Hall, §0 bid. Inter: fruilding, 90 asked. Mergeuthaler Linotype, bid, 200" asked. ix diz.