Evening Star Newspaper, May 7, 1895, Page 1

THE EVENING STAR. PUBLISHED HAILY EXCEPT SUNDAY AT THE STAR BUILDINGS, 1101 Pennsylvania Avenue, Cor, 11th Street, by The Evening Star Newspaper Company, 5. H. KAUFFMANN Pree’t. Now York Office, 49 Potter Building, SS ‘The Evening Star ts served to subscribers in the city by carriers, on thelr own count, at 10 cents bef week, or 44 cents per month. Coptes at the counter 3 cents each. By matl—anywhere in the United States or Canida—postage prepald—b0 cents per mont! Saturday Qnintnple Sheet Star, $1 per year, with ded, $3.00. ale forelgn postage at Washington, D. C., (Entered at the Post’ Otfics as second-class mail matter.) iptions must be pad in advance, tes of advertising made known on application. ‘All mail subs: Che Fveni No. 13,158. Star. WASHINGTON, D.C., TUESDAY, MAY 7, 1895-TWELVE PAGES. TWO OENTS. Se proof of the pudding is fn the eating. Yesterday’ Stor contained 47 cofumns of advertisements, made up of 808 separate announces ments. Gossip as to the Proposed Interna- tional Monetary Conference. THECASE MAY REST WITH THE KAISER Senator Jones Suggests November as the Time. EFFECT OF THE ELECTIONS Information respecting the proposed in- ternational monetary conference is meager in this country, and as a result opinion as to whether or not a meeting will be held is divided. The gold-men say there will be no meeting, the bimetallists have at most @ hope that one will be held, while the ex- treme free coinage men declare themselves to be absolutely indifferent on the subject. The whole question, indeed, is involved in so much uncertainty, and seems so depend- ent on future developments, that both sides in the United States are arranging their af- fairs without much reference to it. The idea seems to be to so adjust matters that if a conference !s called well and good, and if one is not called neither side will be left in the lurch so far as the campaign is concerned. Rests With the Kaiser. There is an impression that the whole case rests now with the Germar: emperor. The reichstig, it is true, has spoken-in favor of a conference, Lut whether that is to be accepted merely as a legislative sug- gestion which the emperor will feel himself at liberty to heed or ignore at his pleasure is not elear at this distance. The point is important, because of the fact that Will- jam, In some respects, is closer to England than hia people are. and England holds a strong hand in the game. The conference, it seems to be agreed, will not be held if England can prevent it, and English cap- ital, operating at once through both its German correspondents and royal home connections, ought to be able to develop something of a pull at Berlin. The Rothschilds are as strong in London as they are in the German capital, and they ‘stake’ governments In a pinch at both points. Then the heads of the two governments are close kin. Business, it is true, Is business, and family connections on thrones are sometimes forgotten in pe- riods of great public 3' But there are other times when, even with royalty, the maxim fs proved that blood !s thicker than water, and this may be one of those times. There is nothing going to show that young William has anything against his grand- mother, and as everything thus is serene on personal grounds betwgen the two countries, a matter of business between them will be all the more susceptible of easy arrangement. Besides, the two coun- tries are already operating on the same financial lines, and this may count for much with the emperor. So that, all things considered, if the case does rest with the kaiser, there seems to be authority for the doubt that exists concerning the outcome of this widely advertised proposition. Senator Jones’ Suggestion. In his remarks to a Star representative yesterday Senator Jones of Arkansas had, as usual, something of interest to say on the subject. After expressing the opinion that a meeting would be held he suggested November as the probable time. This has attracted attention. Mr. Jones, as ts well known, is an advocate of free coinage, and if a conference is held, will be one of the representatives of this government to at- Ncvember is some time off. The state campaigns for,the year in the United States will by that fime all be over. Other 8 to silver will also have been 1. The attitude of both parties for the presidential race will then stand fairly well confessed. And so, by these election Feturns, these other expressions, and these attitudes, Stntiment in this country on the subject up to date will be revealed. Ameri- can delegates to the conference would feel themselves jastructed by it, and the con- ference, to the extent of the influence of this country on its deliberations, could be guided by it. ‘This, then, changes somewhat the aspect of things. When the conference was first suggested the idea was that the result might be obtained in time to affect this year’s elections in the United States. It Wes thought that the meeting would be held during the summer, and that the dis- cussions, as well as the conclusions reached, weuld enter into the oratory of the closing dzys of the several campaigns. The point now seems to be to have the election re- t et the conference, if one shall be They will all be’ tabulated, and ready to be explained by the time’ men- ticned for the conference, and whatever they may show will be cieimed as a fore- shadowing of the result on that subject of next year’s national contest. Both Sides Taking Notice. Both sides are likely to take notice of this, and it may add materially both to the in- terest felt and to the activity exhibited In the approaching campaign. The gold men may come to see the advisability of taking the matter into account. While affecting @t present not to believe that any meeting will be held, they y decide it best to work all the harder, h the possibility of @ conference before their eyes, and in that Way, in the event of winn here at home, make their chances all the brighter of wit ning also there. And this same feeling may ssess the free coinage men as the fight 3 on. They, too, affect not to care one Way or another about a conference. They Would rather see the issue take, or help force it to take, a turn whereby the United States would have to go it alone in the business. They believe it within her power to rehabilitate silver as a money metal gingle-handed. Still, as it would be folly to fgnore foreign help if such help can be se- cured, even these men may decide to re- double their energies, in the hope of mak- ing the returns so very favorable to the side that the conference, if held, must t. some conspicuous note of the deliverance at the polls. But none of the American del- egates appointed will pack his grip sack or suffer himself to drexm of a foreign trip until the fog now enveloping the conference lifts, or, at lesst, grows less dense and less discouraging. 7 STORY Di IED. THE The President Did Not Send a Money Present to an Indiana Family. ‘The report that President Cleveland has sent a draft of $00 to a family in Decatur, Ird., en the occasion of the birth of trip- lets, named Frences, Ruth and Esther, for the President's household, ts pronounced to be without foundation at the White House. It was sald that scar: a week P without the receipt of a letter an- Nouneing the birth of tripl d after the President and his fami igzcst- ing that the compliment be acknowledged me sul) antial way. 1 letters are all acknowledge: way, but no presents are made, as it would be most for the numerous com- this kind. Considerable in- genuity ts shown in giving the President's name in the case of male triplets. -—___— To Be Examined for Promotion. Capt. Louls W. Crampton, assistant sur- geon, has been ordered to appear before a board, of which Lieut. Col. David L. Hun- tington, deputy surgeon general, is prest- dent, at Denver, Col., on the 1ith instant, to determine his fitness for promotion. Judge Kimball Makes an Important Ruling Today. Law of 1862 Applies—Occupying Pub- Me Space for Private Use—To Go to a Higher Court. Judge Kimball has decided that the stringing of wires overhead is a violation of law, and the parties who engage in it, as well as the companies they represent, are Mable under the act of the late common, council of November, 1862. As heretofore published in The Star, the defendants in the case were two linemen in the employ of the Postal Telegraph Company, who were caught in the act of stringing wires acress 9th street near New York avenue. When first caught at it they were stopped by the police, but were not arrested for the reasor that the act of 1868 provided no penalty, and it was not known that the law of 1862 would cover the offense. When they were caught a second time they were arrested, and Mr. Pugh, the Prosecuting officer, was consulted. The re- ult was that the linemen, Philip A. Deffer and Harry Smith, were charged, under the act of 1862, with occupying the public space for private purposes. Lawyer Perry Allen, who appeared for the defendants, admitted the facts In the case, and argued that the law did not apply to the case. On the other hand, Mr. Pugh sald there was no doubt about the law. If the com- pany had put their wires only a few feet from the ground the law would certainly have applied, and the fact that these wires were probably fifty feet above the ground makes no difference, so far as the law Is concerned. He cited the case of the bridgg across Sth street for the use of the Post Office Department, and said that such a bridge would not be permitted to remain if con- structed for private and not public use. Counsel for the District also spoke of the necessity for having such matters under gome sort of control. If such were not the case, he said, it would be but a few weeks before the principal thoroughfares would be filled with wires to the extent that they would be far more dangerous than they now are. The act of 1888, he argued, did not repeal the act under which this prose- cution was brought, but did repeal the act of 1863, which gave the authorities power to permit the construction of telegraph lines. This act of 1SSS simply takes away that power and declares that no overhead wires shall be put up. Judge Kimball, in holding that the law applied, said that if something is not done to prevent the several companies from put- ting up these overhead wires this city will soon be as bad as Boston, Baltimore and Philadelphia, where the wire network in the streets makes it dangerous in case of fire, so that the fire companies are hardly able to even put up a ladder. Then, too, they disfigure a city and rob it of its beau- ty. This is a beautiful city and no such network {s wanted in the public streets. The judge said that he recently had oc- casion to go to the roof of one of his build- ings,where eh found twenty or thirty wires, but how or when they got there he could not tell. He had no doubt about the question of law. The law certainly applies to the case and was not repealed by the act of 1888. ‘The court accepted the personal bonds of the linemen to appear for sentence in order that counsel may have time to pre- pare papers for a writ of habeas corpus s0 as to take the case to the upper court. Mr. Pugh Is satisfied that should the case get in the upper court the decision of Judge Kimball will be sustained. ———— DANGERS OF THE POTOMAC. Gov. Greenhalge’s Severe Comments on the Absence of Lights. Gov. Greenhalge and two officers of his staff spent yesterday in Washington. He sent his card to the White House. He called at the War Department to see the Secretary of War as to matters relating to the Massachusetts militia. He also left his eard for Gen. Cogswell, who is an old con- gressional asgociate and a personal friend, but he was not able to see him. Gov. Greenhalge has, however, ascertained that Gen. Cogswell has so far improved that he sits up for a time daily, and hopes to be able to ride out in ten days, and to return to his Massachusetts home about June 1. Goy. Greenhalge has received a very un- favorable opinion of the navigation of the Potomac river, for the reason that, owing to the absence of light houses and buoys, the steamer on which he traveled from Norfolk to this city was greatly delayed. Goy. Greenhalge says: “Why, there was a lght house burned down over a year ago on the Potomac which has not been replac- ed. There is a great inadequacy of lights, and the river is not properly buoyed. It seems to me that it is a disgrace to the national government to leave this great waterway in such a condition. The naviga- .tion of the tortuous stream ls made more difficult and dangerous than it ovght to be.” o——____—__ CONSUL GENERAL WILLIAMS HERE. However, Declines to Discuss Cuban Affairs Publicly. Ramon Q. Williams, United States con- sul general at Havana, {s now in this city. He came home on leave of absence, which he is spending with his family in Brooklyn. He 1s visiting Washington for the purpose of consulting with Secretary Gresham and other officials of the State Department on Cubsn affairs. He was at the State Depart- ment today to see Acting Secretary Uhl. He will not discuss official matters with re- porters and will not say a word about the Cuban revolution. Mr, Williams is one of the oldest officers of the consular service and is generally regarded as one of the most efficient. It is said, however, that his administration of consular affairs in Ha- vana has not been entirely satisfactory to the Spanish authorities since the present outbreak and It was at one time reported that his recall had been demanded. Secr tary Gresham is said to have been anno ed at some of the public statements at- tributed to Mr. Williams in regard to Cu- ban affairs, and there is a general impres- sion that Mr. Williams will not return to his post. He is a man of means and is not at all dependent on the salary of the office. No surprise would be feit {f he should place his resignation at the disposal of the Presi dent, and it is even rumored that he came to Washington for that express purpose, in case he found that his course of official c@ duct has not met the fuil approval of his superiors. ——— THE SICK LIST. He, How the Distinguished Invalids Are Getting On Today. Secretary Gresham had eight hours’ good sound sleep last night, and is reported to be much better this morning. All his symp- toms have tmproved and pleurisy is now his most troublesome ailment. He has be- come somewhat irritable over his inability to attend to official business, and this very irritability 1s regarded as a good symptom. His physician says that the nature of his trouble naturally precludes the possibility of rapid recovery. Representative Hitt passed a bad day yesterday, and suffered a good deal last night, but he was a little better today. Narrow Escape for Italy's King and Queen. ACCIDENT 10 THEIR SPECIAL TRAIN Oscar Wilde Released on Bail From Prison. GENERAL FOREIGN TOPICS ROME, Italy, May 7.—King Humbert and Queen Margaret had a narrow escape from death today. They were on their way by rail, in a special train, from Florence to this city, attended by their suites. Sud- denly, near Incisia lake, there was a vio- lent shock, one of the carriages was de- railed and everybody on board the train received more or less serious concussions. An obstruction of some description, it ap- pears, either fell acrogs the track or was piled there by evil-minded persons. Several members of the royal suite sustained slight injuries, but the king and queen escaped with nothing more serious than a bad shaking up. OSCAR WILDE RELEASED. A Clergyman One of the Sureties on His Bond. LONDON, May 7.—Oscar Wilde was re- leased on bail today after furnishing a personal bond for $12,000 and two sure- ties in $6,250 each. His sureties were Lord Douglas of Hawick, eldest surviving son of the Marquis of Queensberry, and the Rev. Stewart Headlam. The latter is a graduate of Cambridge University, and re- sides at Hyde Park gate. He was inter- viewed shortly after it became known that he had become one of Wilde’s bondsmen and sald: “I became surety for Oscar Wilde on public grounds. I felt that the public mind Was prejudiced before the case began, and Iam anxious to give him any help poss!- ble in order to enable him to stand trial in good health and spirits.” At 2:30 p.m. Wilde was driven in a cab from Holloway jail to Bow street police court, where his bail was formally accept- ed. Then, in company with Lord Douglas of Hawick, Wilde left the court. SIR FREDERICK LEIGHTON ILL. The Eminent President of the British Royal Academy. LONDON, May 7.—Advices received here today from Algiers announce that Sir Fred- erick Leighton, president of the Royal Academy, who has been Ill for some time past, Is now in such a serious condition that hopes of his recovery have been aban- doned. RECEIVED AT BUCKINGHAM. The Queen Comes to London From Windsor. LONDON, May 7.—The queen arrived in the city today in order to hold a drawing room, which was announced for tomorrow at Buckingham Palace. Enormous crowds of people lined the route from Paddington station to the palace. Her majesty walked to her carriage assisted by her Indian ser- vant. The widow of Senator Hearst of California will be presented in the diplo- matic circle tomorrow. In the general cir- cle Misses Grace and Bertha, daughters of Mr. Howard Potter; Miss Roby of New York and Mrs. C. Walter Winans will be presented. : Foreign Topics in General. LONDON, May 7.—The Dowager Duchess of Rexburghe, widow of the sixth Duke of Roxburghe, is dead. BERLIN, May 7.—Gen. von Pape is dead. BERLI May 7.—The reichstag today Gefinitely passed the Baltic and North Sea canal festivity credit of 1,700,000 marks, the social democrats alone opposing it. LONDON, May 7.—Mr. H. McCalmont’s steam yacht Giralda will leave for New York directly after the Cowes regatta. LIVERPOOL, May 7.—The steamer Ma- Jestic, which sails for New York tomorro vill take among her passengers Sir Ro erick Cameron and his daughters, Misses Kitty and Anne; Col. Charles F. Crocker, Mr. Forbes Morgan, Mr. and Mrs. F. W. Sraron and Mr. Anson S. Stoke: LONDON, May 7.—Advices indicate that Servia is going bankrupt. The skuptschina bas granted a pension of £15,000 to e: ing Milan, and court balls, dinners and festivi- ties on a scale of mzgnificence unknown for years are in progress. The town Is being decorated for the reception of ex- Queen Natalie. ‘ LONDON, May 7.—The suit of John R. Regers for divorce from his wife, Minnie Palmer, the actress, came up for a hear- ing today before Justice Jeune, who, being still suspicious of collysion, again adjourn- ed the case. DUDLEY, Eng., May 17.—The Primitive Methodist conference has expelled Rev. Jonathan Bell, —_>—__ NEW YORK’S POLICE. The Reorganization Bill on the Sen- ate Calendar. ALBANY, N. Y., May 7.—The New York city police reorganization bill is on the senate calendar for today, but there is no probability that it will be taken up. A can- vass of senators shows that there are about fifteen members in the city who will vote for the passage of the bill, while seventeen votes are required. Speaker Fish made this statement toda: “I have positive knowledge that Mayor Strong will sign the bi-partisan police biil today and re.urn it to the legislature. He has always favored it despite what has been said to the contrary.” 4 ee MURDERER HANGED. WIFE ‘fhe Perpetrator of a Brutal Crime Pays the Penalty. LEBANON, Pa., May 7.—Charles Garrett was hanged today at 11 in the jail yard. The crime for which Garrett was hanged was the murder of his wife on September 1844. The murder was one of the most brutal and deliberate In the history of this county. et EX.-GOV. GREEN DEAD. Prominent tn New Jersey Politics Thirty-Five Years. ELIZABETH, } May 7.—Vice Chan- cellor and ex-Goy. Robert S. Green died at his home here tuday in his sixty-fifth year. He was a delegate to the democratic na- tional convention of 1860, which nominated Stephen A. Dougias for the presidency. ee VAN CLE RESIGNS. Result of the Exposure of His Map ‘Transactions. TRENTON, N. J., May 7.—Sectetary John T. Van Cleef of the state board of assess- ors sent in his resignation today. It will be accepted. This 1s a consequence of the exposure of his map transactions made re- cently by the senate investigating commit- tee. Col. Van Cleef also resigned his posi- tion as aid on the staff of Gov. Werts. coL. Negotiations Not in So Satisfactory a State as Believed. Spain’s Supplementary Response—At- tempt to Show We Have Not Done Our Full Duty. ‘The fact that no reference to the Allianca affair was made during the exchange of diplomatic compliments between the Presi- dent and the Spanish minister at the White House yesterday is accepted by the gossips as a1 indication that the negotia- tions in regard to that incident are not in so satisfactory a state as the people have been led to believe by the dispatches from Madrid. ‘This view of the situation is par- tially confirmed by the failure of the State Department to publish the response of the Spanish government to its demand of March 15 for an apology. In his dispatch Secretary Gresham said that this country must insist that immediate and positive or- ders be issued to Spanish naval officers in Cuban waters not to interfere with passing American commerce and prohibiting all acts wantonly imperiling life and property lawfully under the United States flag. In its answer Spain says that appropriate in- structions have been sent her naval officers in Cuban waters and that hereafter it is expected that they will be more discreet and cautious in such matters, = Spain’s Admissions, Spain admitted that the assault on the Allianca was unwarranted and expresses regret at the occurrence. It was:also stated that the officer in command of the Spanish gunboat at the time has been dis- ciplined. This action was based on evi- dence that the Allianca was outside of Spanish jurisdiction at the time, but as a palliating circumstance it is mentioned that on the occasion the regular com- mander of the Conde de Venadito was not’ on board, being at a distant point sick. A junior, less discreet officer was in charge of the cruiser, and to this fact is largely due the error of judgment. Spain express- es regret at the occurrence frankly and disavows any intention to offend this coun- try or to interfere with its commerce. A Supplementary Comnmvnication. It is now said that Spain has sent a sup- plementary communication on the subject, in which she says that she will revert more at length to the issues involved in a subsequent dispatch. There is an impres- sion that Spain will attempt to show that this goverrment has not done fts full duty under the neutrality laws for the preven- tion of Cuban filibustering expeditions from this country. It is charged that citizens of the United States have aided and abetted the Cuban’ revolutionists, and it is said that Spain will attempt to show that Amer- ican vessels, including those of the line to which the Alianca belongs, have, while on the high seas, transferred arms and am- munition to small boats, which afterward landed the contraband, articles in Cuba. The introduction of thse issues will un- doubtedly complicate the sttuation and tend to prolong the negotiations. over the Al- Hanca affair indefinitely. eee FOREIGN MAILS BY MILEAGE. The Weight System Abandoned in One Contract. The statement has been made on some unaccountable authority that after October 12th thera will be but one mail to Europe. This report, which is entirely erroneous, doubtless grows out of the fact that under the act of March 3, 181, the contract with the International Navigation Company, go- ing into effect October 12, provides for one mail a week, the payment for the service to be at the rate of $4 per mile instead of compensation by weight, as now. The In- ternational Company, with but two fast steamers, the Paris and New &prk, made thirty-one trips last year, for which it re- ceived $188,720 on the welght system of payment. Between October 12, 1895, and une 30, 1896, they will make thirty-elght trips, for which, at the rate of $4 per mile, they will receive $552,976, whether they carry one cunce or ten million pounds. This contract calls for one mail a week, but it fs not the only mail. There are contracts or the weight plan with the Cunard, White Star, Hamburg-American, Liverpool and Great Western and North German Lloyd companies. The only consideration that will enter into the use of these contracts is that the Post Office Department will doubt- less endeavor to throw just as much mail as possible on the International steamers, provided that, thereby, no delay is caused to the servic —— AMERICAN WARSHIPS. The Alert and Monterey Both in Ni- caragnuan Waters. The United States is at last represented in ragua by a warship, the Alert hav- ing arrived at San Juan del Sur from Panama. Her commanding officer reports that affairs are quiet in that vicinity. No doubt is felt of the ability of the Alert to protect American interests on the Pacific sidé of Nicaragua in case of revolution. She is a third-rate vessel, but she has four large guns and about 150 men, and It Is expected that a force could be landed which would easily protect Americans and American property in San Juan del Sur and vicinity. It is not expected, however, that any extreme measures will be necessary, and the mere presence of an American war- shig on the west coast, it is believed, will be Sufficlent for all purposes. The big coast defense ship Monterey, with her powerful battery, arrived at Pan- ama today from Acapulco, Mexico. She was originally ordered to Callao, Peru, but the probabilities are that she will be de- tained at Panama until the department fs satisfied that there is no possible need of her presence in Nicaraguan waters. At any rate, she will be heid at Panama for a week at least in order to be sent to the assistance of the Alert in Nicaragua in the event of trouble. Latest advices from the isthmus are pacific in character, and so the prospects are that nothing will occur to prevent the Monterey’s peaceful cruise to Peru. . + e+ ____—__ Mr. Reed Not Going to Europe. It had been supposed that the extra-ses- sion bogie was laid, but it appears that it is still considered as a possibility by some prominent republicans. Senator Lodge sald today that he did not think, after all, that Mr. Reed would go to Europe. Mr. Lodge said that it was not yet possible to say that there might not be an extra session, and that it would be proper for Mr. Reed to be in this country {f, on account of the condition of the revenues or from any other cause, the President should deem it important to convene Congress in extra session. ——___+-e+______ Not Going ow the; Violet. Private Secretary Thurber denies the re- port that the President will make another trip to the Chesapeake on the light house tender Violet, within the next few days. Commander Lamberton of the light house service has made -several visits to the White House cf late, but his business ts said to relate entirely to the settlement of the accounts of the President's last trip to North Carolina. It is understood that the President's expenses on that occasion were one dollar a day for each member of the party not engaged in strictly official busi- ness. OPINION DIVIDED|4GaNST oveRHEAD WiRES|HAD A CLOSE CALL|THE ALLIANCA CASE NOWICHINA TO PAY MORE Japan to Receive $50,000,000 for Giving Up Liao Tung Peninsula. FEELING OF RELIEF AT THE OUTCOME Count Ito Has Arrived at the Port of Chefoo. TO SUPPRESS BLACK FLAGS LONDON, May 7.—The Times today says that it is reported that in consideration of Japan's abandonment of the Liao Tung pen- insula she will receive an additional in- demnity of £10,000,000 ($50,000,000). The Times says: “We welcome Japan’s decision with satisfaction as removing a danger to the peace of the far east. While Erglishmen were unable to see any reason for joining in an attempt to bring pressure on the Japanese government they never had the desire to encourage the newly risen power in the Pacific in a spirit of aggres- sive adventure. Had Japan allowed her- self to become implicated in a struggle with Russia, the peace of the world would have been jeopardized. This peril has been avoided by the good sense and self-control of the statesmen of Japan. It is to be heped that ‘the nation will acquiesce in these moderate and cautious counsels.” The Standard says: ‘There is a feeling of relief through Europe. Japan's consenting to forego her demands shows that the min- isters of the mikado are as prudent in counsel as his generals and admirals were bodl and skillfuj in warfare. It is under- stcod that in return for this moderation Japan will obtain adequate compensation, of course, at the expense of China, which feels no gratitude for interposition from which she will not derive any profit.” A dispatch to the Standard from Berlin says it is understood that the Emperor of China did not ratify the treaty of peace unless the envoys of Japan at Berlin, Paris and St. Petersburg had officially stated that Japan would give up the Liao Tung peninsula. ST. PETERSBURG, May 7.—The follow- ing extracts from Russian newspapers will give an {dea of the feeling in Russia re- garding the latest developments in the far east. Commenting on Japan's acquies- cence to the representations of the pow- ers, the Journal commends “Japan's wise Geciston.”” . « The Novoe Vremya considers Japan's re- ply to the powers to be an equivocal one and says that it leaves the pending ques- tion open. x The Novosti admits the pacific effect of Japan's concessions, but insists that the Japanese occupation of a portion of the Chinese mainland must not be unlimited. The Grashdanin warns Russia to con- solidate her position in the far east, claim- ing that Japan will never forgive her for her diplomatic defeat. The Sviet regards Russta's diplomatic triumph as a great defeat for Great Britain. The Bourse Gazette advocates the three powers, Russia, France and Germany, be- coming the guarantee for China paying the increased indemnity in consideration of Japan forthwith evacuating Chinese terri- tory. ‘ PARIS, May 7.—The press, generally speaking, Is satisfied with the course Japan has adopted in regard to the remonstrances of the powers as to the terms of the treaty of peace With China. Naturally, however, there are a few dissenting voices. The Lanterne, for instance, says: “We shall be the dupes of Russia unless the agreement of the three powers also applies to a set- tlement of the Egyptian question, and Rus- sia returns on the banks of the Nile the service she has just received from us.” CHEFOO, May 7.—Count Ito, president of the Japan council of ministers, arrived here today in order to be present at the ex- change of the ratifications of the treaty of peac HONG KONG, May 7.—Five thousand trcops have started from Canton for the Island of Formosa, in order to suppress the anticipated opposition of the “‘biaek flags” to the occupation of that island by the Japanese, according to the terms of the treaty of peace between China and Japan. Many of the troops are unreliable, and lable to join the black flags. ———— FORTIFYI BLUEFIELDS, Action Due to the Designs of Chict Clarence, COLON, Colombia, May 7.—The Nic- araguen authorities at Bluefields are fastening extensions of the fortifications on the bluff at that place. It is believed that this action is due to the fact that the deposed chief, Clarence, now a British pen- sioner at Jamaica, has asked Great Britain to take steps looking to restoring him to authority. The steamship lines have been notified on behalf of the Nicaraguan government that the port of Corinto, which was declared closed when the British occupied It, is now open for the arrival and departure of steam and sailing vessels. ——— POST OFFICE RASCALS, & Large Batch of Them Caught Dar- ing April. The activity of the burglar who goes a-burgling in post offices is always counted upon by the post office authorities as a fixed quantity. The uncertain thing is just how many of them can be caught. During April the post office inspectors, however, did a large business and kept close on the heels of the wayward. Their catch shows 21 arrests for burglary, 17 pilfering post- masters, 3 assistant postmasters, 5 clerks in post offices, 2 letter carriers, 2 mail car- riers, 2 other employes and 77 persons for various offenses, making a total of 129 ar- rests for April. “That is a big showing for one month,” said Col. Wheeler, chief in- spector. “We don’t know what proportion of the rascals we catch, but we catch all we can, and it is rare that the number is as large as it was the past month.” eS USING THE SIDEWALKS. Worrants Issucd Against a Number of Louisiana Avenue Merchants, The police and prosecuting attorney have made a move against the merchants who are using the sidewalks on Loulsiana ave- nue, 9th and 10th streets, and they are to be brought into court on charges of occu- rying the sidewalks and public spaces for private purposes. There were twenty-two warrants issued today, against Edward Woody, Francis Robertson, jr., Edward Notes, William H. Walker, George W. Bowbeer, Nicholas T. Redman, Thomas J. Pickford, Fannie Greenapple, Gorser Gan- sapo, Willlam Keister, Charles F, Bryan, Foster & Co., Clayton Emerich, Emanuel Jackson, Frank Robertson, sr., Samucl Weedon, Joseph Hillman, Louis P. Krey & Alvin Price, Samuel Alexander, George Donaldson, John W. Robertson & James McDonald, Joseph Gamble, John C. Isel ard George J. Bessler. Policemen Breen and Sprinkle swore out the warrants and they will be served to- morrow in order that the court may hear the cases Thursday. The law in the case has already been decided upon by Judge Kimball. FARMERS AND TRUCKERS Commissioners Give a Lively Hearing This Morning. Discussing Division of Haymarket Squnre Between the Classes—Speak- ers and Petitions on the Subject. At the morning session of the board of Commissioners today a hearing was given to the farmers and truckers interested In the use of the old haymarket square. The meeting was called by the Commissioners to give them an idea of what the farmers wanted, with a view to provide ways and means for the use of the haymarket square for these men. At the present time the farmers use the south side of B street be- tween 7th and 12th for the sale of their goods. Since the decision of the court that the Commissioners and not the market company had the right to the haymarket square the farmers have been eager to move to that place, and they recently em- bediea their views in this regard in a peti- ticn to the Commissioners. Col. Wright Rives of Prince George's county, Md., who acted as chairman of the meeting recently held at the American House, detailed to the Commissioners the action that the farmers and truckers had taken at that meeting. He said they had come to the conclusion that both the farm- ers and truckers could be accommodated in the square in question. This statement raised a good deal of discussion from the farmers present, who objected strenuously to the crowding of the truckers in this square, which would result in their being forced out. Col. Rivese stated it was nol the intention to crowd the farmers out. By_actual measurement, he said, the square is 511 feet long by 155 feet wide. This was large enough to allow the erection of three lines of sheds, which would cover 300 stands and leave plenty of room for the farmers with their bulky products. He said further that the farmers present at the meeting wanted to get the views of the Commissioners in the matter before tak- ing any action, and thet was the reason of their appearance today. George M. Henault of Prince George's county, Md., claiming to represent a num- ber of truckers in the vicinity of Benning, w ted the Commissioners to charge a daily rental for the use of the stands, and named 10 cents as the proper amount. He believed that the stands should be given to the first who applied, and it was not fair to rent the stands out permanently. He wanted no discrimination and said that the first come should be the first served. For himself and the people he represented he would say that such a scheme would be satisfactory.- He claimed that there were between 300 and 350 men daily at the mar- ket during the months of June, July and August and that a daily rental would be the mest equitable that could be devised, as the number of people in attendance fluctuated considerably. Arthur Stabler made quite an eloquent plea for the truckers. From numerous by- remarks it was seen that a good deal of Tecling existed between the farmers and truckers, the former being of the impres- sion that no room would be assigned to them under the new state of affairs. Mr. Stabler explained the division of the square as contemplated at a meeting of the farmer organization to which he belonged. T. W. Burr of Herndon, Va., presented a petition which was signed by thirty-eight people in his vicinity attending the market, advocating a division of the square for the farmers and truckers. His scheme was to give the farmers the center of the square and allow the truckers the sides. George Bonifant of Montgomery county, Md., a member of the Enterprise Farmers’ Club of Sandy Spring, presented a second petition, signed by the members of his club, which in substance was identical with the petition of Mr. Burr. In addition to this he suggested that a committee of seven men be selected to draw up regulations governing the square. His idea was to divide the dealers into three classes, the first class to comprise farmers bringing in their bulky products of hay, straw, wood, corn, oais and other cereals; the second class to consist of the gardeners and vegetable producers in gen- eral, and the third class to comprise the live stock dealers. For the first class four Tren were to be appointed; one from Mary- land, one from Virginia and two from the District. The second class to be repre- sented by two men; one from Maryland and one from Virginia, while the third class was to haye one representative. These ap- pointments to constitute a board of gov- ernors to regulate the use of the square. Commissioner Ross stated that the Com- missioners had received several letters from the stable men in the vich protesting against the erection of stables in the square, claiming that such a _ procedure would be In competition with their legiti- mate business. They wanted to get the views of the farmers present as to the necessity for the erection of svch within the square, and the opinion was unani- mously in favor of stables. The farmers objected to using livery stables for two cns. The most important was the cost, while another thing was the lack of ac- commodation, the livery stables in the vicinity being entirely inadequate to sup- ply the demand. ‘The Commissioners promised to look care- fully into the matter. —— HOW JUSTICE JACKSON STANDS, Folks Who Reason That He Belleven the Income Tax Law Unconstitutional. It Is assumed that the final decision in the Income tax case will depend upon the views of Justice Jackson. As to them noth- ing is known. Here, however, are two opin- ions which are as important as any that can be obtained, and which are certainly as much entitled to credence as any other speculative statement. Ex-Secretary Bris- tow of Kentucky, who ts one of the attor- neys of the opposition to the constitution- ality of the law, stated today: “I know nothing about the position of Judge Jackson, and I don’t see how any one can know. But from what I know of the man, of his recorded opinions, of the drift of his mind and of his general ten- dencies and characteristics, I shall be very much surprised if he shall not decide that the law is unconstitutional. Judge Jackson was an old whig. I do not see any reason for supposing that he will agree with the other southern justice, Mr. White, on this question, But, as I have said, I have no knowledge of the subject and do not see how any one else can have.” Another prominent attorney, who fs in constant attendance upon the court, says: “Information ccmes here from those who know Justice Jackson well in Tennessee that he is likely to decide against the con- stitutionality of the income tax. If that should be the case, the subject will end, for four justices have already decided that it is unconstitutional in all of its parts. It is known, moreover, that two of the four who decided that it is constitutional in some of its parts did so because of their adherence to the ancient doctrine of stare decisis, while personally they hold different opinions.” +2 +_______ A Decoration Day Detail. Lieut. Col. Wm. R. King, corps of engi- neers, has been ordered to assume com- mand of the United States troops on the occasion of the parade of the Grand Army of the Republic in New York city on Me- morial day, May 30. This detail ts made by direction of the President. The Largest Lens Coming Here. Dr. Peate of Butler, Pa., has cast the lens for the big telescope for the Amerl- can’ University near this city. It is the largest lens in the world, being sixty inches in diameter. The cast was perfect, and it is considered a great achievement. Heretofore all the big lenses have been raade in Paris. THE INCOME TAX Mr. Whitney Presents the Govern- ments Side, THE LAWS CONSTITUTION ALITY Reviewing” Legislation and De- cisions Concerning Taxation. ATTORNEY GENERAL SPEAKS After The Star’s report of the income tax hearing had closed yesterday Mr. Guthrie for the petitioners closed his argument and Assistant Attorney General Whitney open- ed the government's case, speaking up to the adjournment. When the Supreme Court assembled today all the seats on the bench were again oc- cupied as on yesterday, and the visitors crowded the limited space of the court room, as they have done every day that the income tax has been before the court, though not to as great an extent as yes- terday. Mr. Whitney began by explaining that his historical brief which he had promised yesterday had not reached him from the printer, and said that he had already gone almost as far into the question as he should in quoting English precedents orally and in giving the facts as to the meaning of the various words and phrases used in taxa tion. He said his statement of facts would be his principal argument, and he believed that in a case of the character of the in- come tax cases now under argument the facts were the best argument that could be made. The Weight of Evidence. He claimed that the weight of evidence was to the following effect: ist. The word “duty” had a legal defini- tion. The phrase “direct tax” had none, but was borrowed from political economy, A specific personal property tax, a specific real property tax and a specific in- come tax were each a duty within the meaning of the Constitution. A general tax on all personal property at a valuation was not a duty, impost or excise at all, nor was !t a direct tax in political econ- omy . A specific real property tax would probably have been considered to be an indirect tax. 4th. A general income tax, properly 80 called, was unknown at the time of the Constitution, but was a duty within its meaning. 5th. A specific personal property or spe- citie income tex was a duty and not @ direct tax. The division between taxes and duties, he said, is shown clearly in the analysis of English statutes set forth In the his- torical argument. Taxes fell the whole land of the kingdom, or the whole personal property of the kinglom, meas- ured by a valuation; and, for obvious rea- sons, were apportioned. Duties were unie form in their operation and included every= thing which was not to be taxed. The dis- tinction between tax and duty was invari- ably maintained. The decision in the Hylton case was, he said, directly in line with this argument. Mr. Whitney, however, reverted to Eng- lish tax legislation sufficiently to examine briefly the stamp tax and the English in- come tax of 1799. The stamp act, levied In 1765, and which was so familiar to Americans of the revoe lutionary period was, he said, known at that time as a duty, and it provided, among other things, for duties on bords, mort- gages, lands, &c. He said that up to the ime of the constitutional convention there had been but one income tax in existence in England, and that was the tax on offices and pensions. Taking up the American system of tax- ation at the time of the revolution he said it was dev of uniformity and very diffi- cult of classification. Summing it up, he said, the main result of the examination of the system in the various states had been negative in char- acter and had shown first, that the systems were so different that it was hard to de« termine how they did lay their taxes, and secondly, that there was no settled mean< ing to the word duty. The same tax was a duty at one piace and an excise at an- other. Hence, the only definition which the framers of the Constitution could have obtained was that used in England. Direct Taxes Discussed. Mr. Whitney then proceeded to a discus~ sion of the meaning of the phrase “direct taxes.” The first striking’ fact was, he said, that at the time the Constitution was framed this phrase had no legal mean- ing. Unt it was made to do duty in the United States Constitution it had never teen used In a statute or a written consti- tution. It had, however, been used by the political economists and notably so Adam Smith. Yet, Adam Smith had, he de- clared, never given an exact definition of the phrase. John Locke's optnion in the dispute over Walpole’s excise act was alluded to, Mr, Whitney declaring that he held first, of all philosophers, thay all taxes ultimately fall upon the land. Turget held that a tax on salaries, faculties or profits was an in- direct tax. Justice Gray inquired whether Turget meant profits on business or on lands to be an indirect tax, to which Mr. Whitney replied that in his time there was no real estate business as it is now conducted. Robert Morris had never discussed direct and fndirect taxes, but Alexander Hamilton had more than once touched upon the question. While the French meant by di- rect taxes those on land only, Adam Smith for the first. time included all taxes on personal property, and his theory was first published during the revolutionary war. A tax on the profits of real estate, if col- lected from the landlord, was regarded by Oliver Wolcott in 1796 as an indirect tax. The amount of a man’s rent, the sum he put into his house, was regarded by Wolcott and others of his time as a good measure of his income. Oliver Wi cott, in his report, considered that a tax on everything was a direct tax, on any class of things an indirect. It was a theory of that time that a legislature could lay either an indirect or direct tax on the same class of property. Supreme Court Decisions. How much weight was to be given to de- cisions of the Supreme Court, Mr. Whitney asked, on questions of taxation? Congress must act by the light it had, and sometimes not for a century did questions dribble up te the court. If this government was to be run according to any system Congress must be able to rest upon definitions explicitly laid down by the court. The opposition seemed to hold that a question must forward or backward, according to yiew of the occupants of the bench at the | particular times in which the question waa i raised. The opposition had gained much applause from the public on the suppogi- tion that their motto was that a thing was never decided until it was decided rightly, He failed to see how Congress could at- tempt to legislate if !t could not rely upon © the permanency of decisions once made Si the Supreme Court. Certainly, it musi have the assurance in attempting to levF taxes that the definitions of the court were to be adhered to. The Hylton Case. Taking up the Hylton case, Mr. Whitney said the court, at the time the decision was rendered, was especially adapted to pass upon the question of direct taxes. In that