Evening Star Newspaper, May 15, 1895, Page 2

2 THE EVENING STAR, WEDNESDAY, MAY 15, 1895-TWELVE PAGES. LATE NEWS BY WIRE Silver Men in California Repudiate Gen. Warner. REVOLT AGAINST THE SIBLEY BOOM His Adherents Said to Be Evading the Issue. WHAT THE POPULISTS WANT SAN FRANCISCO, May 15.—Instead of the great results for free coinage aimed at, the visit to California of Gen. A. J. War- ner of Ohio, head of the American bimetal- lic party, and Congressman Joseph C. Sib- ley of Pennsylvania, named by that organ- ization for President in 1896, has apparently heen “productive of the opposite effect. The effect is the flat secession of the state sil- * ver league from G Warner's national organization. The trouble was caused by the attempt of Gen. Warner and several Congressmen en- thusiastic for the remonetization of silver to make Sibley the presidential candidate of the white metal party in the next cam- paign. The expressions of antagonization toward Gen. Warner's booming of Sibley were so mary and loud that a meeting of the ex- ecutive committee was called at Los An- geles last Saturday afternoon. The entire matter was submitted to a subcommittee of five to report upon it. The report, which has been prepared, characterizes the members of the Sibley caucus as “persons claiming the\ right to dictate the party nemination for President of the United States," and ‘4 soa division of the bimetallic party by a wrongfui use of party machinery to less of the wishes of others in the as to what the Issues should be wh pealing from the money, power to the in- telligence of the Americdn people.” It plainly insinuated that the Warner- Sibley plan of advocating honest, and says Mr. Sibley's adherents are “evading a vital issue.” The following excerpt is an indication of its tone “They straddle the national hank ques- tion by pretending to give the general goy- ernment the exclusive control over the issue and volume of paper money, when, in truth, their platform can be fully com: plied with by leaving the issue and vol- ume of paper money wholly in the hanls of the national banks.” The committee fore recommended the adoption of some piainly worded res lutions condemning Gen. Warner and Mr. Sibley, appealing to sister states to organ- ize like the California League, and to test against the caucus m for national conventio state leagues, to meet at St. Louis, March 16, 1895, to nominate cindidates for President and Vice President. ‘The resolution charges Gen. Warner, as chairman of a “self-styled national execu- tive committee,” with “establishing rival organizations in this and other states to force the favorite of the condemned caucus upon the American peop! The State Silver Lezgue also finds fault with Gen. Warner for limiting his efforts to an attempt to secure the unlimited coinage of silver at a ratio of 16 t The leazue contains a populists, and they do not think any finan- cial platform would be it include+ a provis of green- backs and an explicit declaration as the national banking system and the suance of any more government bonds. . Silver Men at Salt Lake. SALT LAKE, Utah, May 15—Last night and this morning the trains brought in a large number of delegates to the silver con- vention, which conveaes in the Mormon tabernacle today. Delegates are present from seventeen western ates and terri- tories. The policy outlined by prominent members of the convention for its work is to make the movement non-partisan. The is to encourage men to work in the silver cause without asking them to break any party lines. ap- What ts Snid Here. Members of the National Bimetallic League in this city express the opinion that the action of the California branch in op- position to the National League is the re- sult of a split in the California League. ‘They say that the California association was organized prior to the national or- ganization, but that afterwards there was a disagreement In the league which re- sulted in a division, one faction being headed by the president and the other by the seeretary. The local national league men are of opinion that Gen. Warner, as president of the National League, ‘has recognized one of these factions, and that the other on this account has taken a po- sition antagonistic to the national organi- gation. ns TROOPS REACH CUBA. Arrival of Two More Transports From Spain. HAVANA, May 15.—Important revela- tions have just been made regarding the action of Gen. Calleja, who was captain general of Cuba previous to the landing of Marshal Martinez De Campos. It appears that Gen. Calleja, at the commencement of the revolution, lamented the outbreak and sent a telegraphic message to Gen. Ca- priles, who was then governor of Santiago de Cuba, instructing the latter to call up- on various persons to remember their promise not to revolt so long as he was governing the island, and also io inform them that if they acted up to their prom- ises in this res would be favorable to their p Two transports ha’ on board addi- tional troops from Spain have arrived at Bayamo. : NEW YORK, nzalo De Que- sada, secfetary of the Cuban revolutionary and Carios M. Cecepies will sail at MORE ecllect money to help along the their compatriots. From Jacksonville they will go to Tampa and possibly to Key West. In the latest letters received by the Cuban leaders in this city from Gomez and Marti they say that they are in excelient sprits over the progress which the revolu- ucnii a making. A cou 1 of the Cuban generals had been held, at which J Marti was acknowl- edged “as a delegate of the revolutionary party and the title of major general was ccnferred upon him. — GARVEY DECLARE CRAZY. He Was Found Sleeping in One of the Astor Beds. NEW YORK, May 15.—John Garvey, the “Rowery tramp” who, on November 18, ISM, wi found comfortably resting in a bed in the mansion of Mrs. Wm. As 4 who since that date has been im 1 in the Tombs, was today judic! ed Insane and ordered to be si um at N : en ted he was fined » byt at the insta: e state John Jacob Astor the tramp was quently indicted for burst fight was made in his be her 14 he was convicted. nted on the. ground that the ver- i pot been properly recorded by the vert wheels of justice yurt had to be today locked the m of wn irsi Enee IND, fo! » Wer 11a. TWOCONSERVATIVES CHOSEN Resuits of Parliamentary Bye-Blections in England. Fighting in Chitral—Racing at New- market—Drawing Room at Back- ingham Palace. LONDON, May 15.—In the bye-election in the Walworth division of Newington yes- ay Mr. James Wailey, conservative, won S76 votes, against 2,105 cast for Col. J. Colauhoun Reade, liberal. The seat had Leen held by the late William Saunders, radical. Jn the west division of Dorset Col. Wikéms, the conservative and union'st candidate, was elected, receiving Mr. G. Wood Homer, independent, 2,325. Col. Williams, however, had 153 votes less than were cast for Mr. Farquharson at thé last election, the conservative candidate upon that oceasicn polling 3,601 votes. On the other hand, Mr. Homer, who was indorsed by the Dorset Liberal Association, pelled 488 votes less than the home candidate, Mr. C. T. Gatty, at the la tion, Mr. ty having polled 2,813 votes. Fighting Again in Chitral. CALCUTTA, May 15.—According to a telegram received here from Simla dis- patches have been received. there from Dier, in the territory of Chitral, anncune- ing that the natives are again attacking the British posts. Only a few casualties, however, have occurred. Lieut. Limond of the British force in oc- cupation of the disturbed districts, has b abbed to death by a fanatic nea: in Waziristan. = O11 Combine in Russia. ST. PETERSBURG, May 15.—The Journal of Trade and Industry says that the Rus- sian Kerosene manufacturers and the firms engaged the naphtha industry have sign- ed a new agreement for a general union to regulate the export trade both east and west. The Rot. hild’s Kerosene factory at Baku has been burned. The flames spread to the oi! reservoirs and raged fur.ousiy for a long Ume. Great damage was done. Racing ‘at Newmarket. , Eng., May 15.—The race for the Newmarket stakes today was won by The Owl; Solaro was second, and Sir Visto inird. Seven horses ran. The course was one mile two furlongs, straight. Must Pay for the Marquis. LONDON, May 15.—Bessie Bellwood, the well-known music hall singer, as the result of a suit wrought against her by a physi- has been cormdemaed to pay him 0 ation for his attendance upon as comp the late notorious Marquis of Ailesbury, while the istter was living at her house. Presented at Court. LONDON, May 15.—The Princess of Wales heid a drawing room today at Buckingham The weath- cooler and the attendance was than upon the occasion of the drawing room of last week. The presenta- tion included Lady Henry Stewart, by her mother; the Marchioness of Londonderry, d Mrs. Pinchot, and the Mi Clemen- tine Furniss Whitehouse and Lily White- house, al! of New York. a AGAIN TESTIFIES Palace on behalf of the queen. er was DR. KERSHNER Much Gricved at the Charges Made Agninst Him. BROOKLYN, } May 15.—Dr. Kersh- ner resumed the witness chair today upon the reassembling of the navy court-martial which ‘s trying him for iusubordinat.on and perjury. His counsel, Mr. Hinsdale, aske? him several questions as to the charges made against him by Admiral Meade and Capt. Evars..The witness said t he felt very much grieved at the charges made, as there was no fouration for them. He thea told of his writing to Sur. geon General Tryon and sending h.m cop:es letter and indorsement: ider that he was viols any rule of the service by writing to Sur- geon General Tryon, as the latter was his superior oificer. Dr. Kershner said his reason for writing to Dr. Tryon was that the surgeon general would see the Secretary of the Navy and explain the whole case to him. THEY PUT CAREY OUT. He Had Not the Password to the Hi- berninn Convention. NEW YORK, May 15.—The presence of Edward Carey, who has been a leading factor in the Ancient Order of Hibernians during the past ten years, caused a scene of uproar at the convention today. Mr. Carey, who was not a duly accredited del- egate, entered the hall during the absence of the sergeant-at-arms, and not having the password of the order his presence was objected to. It was fully twenty minutes before the chairman could restore order, and not until Mr. Carey was forcibly ejected from the hall. peas SNOWING IN OHIO. Continuance of the Cold Snap in the Weat. MALVERN, Ohio, May 15.—Considerable snew fell here this morning. The Sandy valley has not experienced such a cold snap at this season of the year since Jun 41S59. e mercury fell to six degre jow the freezing point. Fruits of all kinds has been killed. Corn will have to be re- planted. LOGAN, Ohio, May 15.—It was snowing hard here this morning. —— BERD SHIPS IN SEA. British Vessels to Be Sent There— Limiting the Seal Catch. It can be stated authoritatively that Britisn ships will be sent to Bering sea to patrol against poachers and to use every e means of carrying out the Paris and the British law based thereon. tions to the British ships will not, however, direct the seizure of vessels found with arms, but will require other ex- ternal evidence of sealing, such as the pos- session of skins, presence of blood on the ship, &c., as a basis of seizure. At the request of the British embassy, Earl Aberdeen, governor general of Can- ada, has been directed to fur of ships for patrol of Bering forward it as soon as it the commander of the Br couver. In view of thi clared by the Britain in W tuil and 5 ling of t st poachers. The tre practically de- cided upen the number of skins which the North American Commercial Company may ‘The com- pany will be authorized to & WY Skins; y he increased to any ecding 15,009 if, in the judg- department's the neh incre uid not the natural increase of The department has tele- commander of the Grant, at 1, instructing him to proc to join the other cutters of the Bering s fleet as soon as her repairs are completed. Joxeph Smith's Will. ill of the late Joseph Smith, dated March 7, 1885, was filed today. A codicil 's attached, dated May aC. facts, it is - tatives of Gr number not ¢ ment of the Pribylof Isianc seriously eudang nd Wm. F. Quicksail are named as | and to the widow of the de- | the houschold effects are given. | so to have an annu: to Charles Sm £ there to be ey and rts each; Smith, two naining ‘ew and Elizabeth Whitloc! | tion after RAILWAY TRAFFIC Second Day of the Railway Commis- sioners’ Convention. OVERCAARGES FULLY — DISCUSSED Government Control Passed Over to Another Year. VARIOUS ROUTINE MATTERS The convention of railway commissioners continued its sessions today, the proceed- ings, while being more or less technical, developing great interest and receiving earnest attention throughout the day. The whole program of top:cs reported by the committee appointed at the last convent was gone through with and was discussed in passing by an and all tho8e members of the convention who had experience in the respective subjects brought forward. The interchange of ideas between men so well equipped and thoroughly informed on the multitudinous questions and complications ‘arising in railroad operations made the session one of special interest. Yesterday's session had cleared up most of the set and prepared papers and today’s time was oc- cupied in an offhand consideration of prac- tical matters brought up by the committee. Committees Appointed. A new committee was appointed to con- ler the subject of interstate electric rail- Ways, as outlined in Mr. Woodruff’s paper yesterday on this important feature of railroad devciopment. The committee con- sists of Isaac B. Brown of Pennsylvania, William Kirby of Ohio, Mr. Putney of Ver- mont, J. W. Yantis of Ilinois and Joseph Fiory of Missouri. This committee was in- structed to present to the next convention a report on the development and operation of electric roads, especially those engaged ‘state traffic, with a view to placing roads under the operations of the in- terstate commerce act. Messrs. Jorden of Georgia and Ainsworth of Wa were added to the committee on the classification of accounts, the siates which those gentlemen represent having adopted under their laws systems of classi- tion specially approved by the mem- bers of the convention. The following committee on organization and program for the next meeting appointed: G. M. Woodworth, Connec' Ira B. ™ Minnesota; Edward Moseley, Washington, D. C.; G. G. Jordan, Georgia; E, C. Beddingfiel North Carolina. Mr. Allen Fort, pri vention; Mr. Moseley, the secretar, Mr. Martin Decker, the assistant secretary. were elected officers of the next convention in their respective positions. Overcharges Discussed. Taking up the topic ofsovercharges and undercharges an interesting discussion fol- lowed, in which Mr. Fort of Georgia and Messrs. Woodworth and Seymour of Con- necticut recited the expe riences of shippers in their respective states. Mr. James Pea- body of the Railway Review said that the convention could do most good by setting at the cause of overcharges, and gave a most interesting description of the process of shipping a carload of household goods from Burlington, Iowa, to any local point in Georgia. The rate was secured, he said, by the agent at Burlington telegraphing his company at Chicago, who, in turn, tele- graphed to Cincinnati, where a_telcgram was sent on to Louisville, and thus a through rate was de up by special con- tract, in which each road signified the proportion it was willing to take, and in due time, varying from a few hours to a the freight agent at Burlington was na rate, which, if sat + Was ac- cepted by the shipper, he goods start- ed _on toward their destination. The difficulty was that while the agent at Burlington might notify his road of the eceptarce of the rate by the shipper, no notice. S sent on to the other connecting roads in the route and when the goods were received at the nearest terminus of each of these routes, the local rate was promptiy applied, d so when the goods reached their destination in Georgia a serious overcharge would be made by the delivering «gent, who, in the absence of irformation and without notice, had no cther alternative but to collect. The pro- or i rge and se- euring a vate was a tedious and com- Plicated one, which in almost all cases gave the shipper great embarrassment. A Remedy. Mr. Peabedy thought that if receiving freight agents and companies were re- quired to file with the interstate commerce ccmmission notice of such through rates, which would be precedents for subsequent shipments over the same route, all the dif- ficulty might be obviated. Mr. Fort of Georgia, caliing Mr. Wood- worth of Connecticut to the chair, made ech upon the question. He urged that there should be legislation which would compel railroad companies to refund, where cvercharges were collected, by law suits, twice th: amount of the overcharge, and all expenses of litigation. With such a law he thought that delivering agents would be very careful te prevent over- charges, as they were now very careful always to cor Interstate ( indereharges. merce Commissioner Knapp in a yc and ecancise speech said that strict regulation should be made in me way of this matier of overcharges. he commission received on an average one scrious complaint every day. In some cases it was very plain that the receiv: oads shipped by longer routes than @nd made up routes that neces: c the charges and disappointed ppers. @\s a rule the amounts involved Were small and the railroads had the bene- fit of them, because patrons, rather than go to law or have the trouble of securing a refund, suffered in silence. Mr. Jordan of Georgia said h2 thought the troubie grow out of the anxiety of reads in poor times to increase their busi- ness by modifying their classification of freight and shipping the goods at a lower rate than they really ought to be for, so that when the terminal ro: lected charges it had a chance to’ corr. the classification and charge more than the sh expected to pay. He thought the convention should act with caution upon this matter. Anterchuageable Mileage Mr. Billings of Michigan brought up the subject of interchangeable mileage books. This provoked a smile throughout the con- vention. Mr. Seymour said it had been at- tempted in Massachusetts and the courts juad decided against it, and that, in his opinion, the matter would not be attempted there again until that experience wa for- goticn. Mr, Billings said the state of Mich- iy to have a law requiring all within the state to join in an angeable mileage book for the con- se of commercial travelers, who ob- ity of so many different aid that in iowa ready practicing Books. Jecte books. two or three roads were this inte: ge of books. ment Ownership. The subject of government ows contro! and regulation of railwa passed over with the understanding that the special committee or that subject, of which, Mr. Teisherg of M ia is chair- man, would make an exhaustive report at the next convention. So, too, was the sub- depressed financial condition t time, urrage on railway y for detention of derable attention. said the Iowa law was r had ninety-six hours in which to_uriod vas liable to a charge of $1 a d : for any Geten- that i also, was the law in Connecticut. f Mi id that in nan e of twen ng at 7 a.m. on the ¢ e arrival of the ear, wa s forty-eight ho’ e of one dollar r the expiration Mr. Be our, JE is. goefl for adpertisers fo het steadifp in mind the She Star makes ark detaifed statement cach Saturday of its cireuz fation-far the preceding week and tGagit is the onfy Wash: ington qewspaper that ree: ogniges the right of the ad: gertiser fo inow the measure of publicity for wSic8 Ge is paying. The amount of ad- vertising appearing daify in The Star is ampfe evidence that Bis poftcy is appreci: ated. Te average raifp cireufation fast week was 33,314. Washington on the third Tuesday of May, 1896. Yesterday's Afternoon Session. At the afternoon session James Peabody, editor of the Railway Age, read a paper on “Protection of Public Interests During Railway Labor Contests.” Much of the time was consumed in discussion of a reso- lution offered by Commissioner Teisberg of Minnesota, declaring that a considerable number of citizens of the United States be- Keved it to be for the best interests of the people that the government own and oper- rate railroads; that there was no reliable data access'ble to the public of the cost and value of railroads; that the question was one of great ‘mportance in the cons‘deration of rdte cases byscommiss'ons and courts, and that the convention should petition the next Congress to consider the advisability and feasibility of ascertaining the cost and present value of railroad property and the probable cost of reproducing the roads. The resolution was finally laid on the table. After the session the commissioners went to the White House in a body and were received by the President. ——_ POTOMAC FLATS CASE. Mr. Taggart Says Alexander Island is Property of the District. In the Potomac flats case today Assistant District Attorney Taggart concluded his argument in opposition to the contention of owners of lots in square &, $0, 129, south of 12, and shortly before noon, and Mr. H. Randall Webb, representing those claimants, briefly replied. During Mr. Taggart’s argument Judge Hagner called his attention to a patent granted by the Maryland colonial authori- ties in 19s2 conveying Analostan Island to one Brandt. Mr. Taggart stated that was true, and“he*also stated that the colonial records showed that Maryland possessed both Anaiosten Island and Hohner Island, the latter; now known as Alexander Island. The latter island, explained Mr. Taggart, had nevét béén granted by Maryland to |* Virginia, and ‘he intimated that there could te no doubt that the United States is today the owner in fact of Alexander Island. Mr. Taggart, also added that when the present dase Was disposed of, he would pre- pare for'filine in the United States Su- preme Cdurt'2 suit on behalf of the United States against the state of Virginia to re- ecver poasession of Aicxander Island. }Rohert Peter Claim. When the case of the owners in the above nafne@' squares was concluded, the court next took up that of George Peter and Wm L. Dunlop, and the other heirs and devisees of the late Robert Peter, who claim part of square 12, and assert’ that they are entitled to certain riparian rights, similar to, those of other owners of lands adjacent to their own. These claimants are represented by Messrs. Totten, Gordon & Gordon, and Peter, and Mr. Wm. A. Gor- don opened the case in their behalf. Before the nconday recess of the court was taken, Chief Justice Bingham an- nounced that the court would adjourn to- mcrrew afternoon until Monday, in order te allow Judge Hagner to hold Probate Court Friday. —.—_—_—_ SS GUARDIANSHIP. CLA Miss Mary Heath Files a Bill Regard- ing Her Brother's Children, Upon the application of Mary M. Heath, said to be a clerk in the Navy Department, Judge Cox late yesterday afternoon de- clared the two minor children, Francis Rives Heath and Elizabeth M. Heath, of whom Miss Heath claims, it is said, to be the guardian, te be in the jurisdiction of the court. Roscoe B. Heath, understood to be the father of the chiidren and the broth- er of the complainant, was restrained until the further order of the court, as prayed in Miss Heath’s bill of complaint, the re- straining order being made a temporary one, returnable on the 23d instant. Just what the bill of complaint contained, or in what way the court was asked to re- strain Mr. Heath, could not be learned from the papers in the case, as, by direc- tion of Judge Cox, they were withheld from the public, for the reason, as given by the court officials, that the matter was purely a family affair, in which the public has no interest. It is’ understood, however, that the chil- dren were placed under the guardianship of Miss Heath at the request of their mother, and that the court is asked to restrain the father from interfering in the matter, it being asserted that he joined with his wife in making his sister their guardian several weeks ago. Miss Heath is represented by Mr. R. Ross Perry. Good Attendance at St. Asaph's. It was thought that the disagreeable weather would have an effect on the at- tendance at St. Asaph today, but contrary to expectations a large crowd went to the track. The card, though light, was a good one. The track was slo: Tea books were on. SS ‘Tomorrow's Alexander Island Entries First race, five-eighths of a mile, beaten horses—Devisee, 100; Pickaway, 100; Cer- berus, 100; Vagabond, 100; Little Bravo, 1; Fagot, 190; Red Cross, 100; Columbus, 100; Hemet, 100; Prince Mameth, 100; Rey- nard, 10i, C.0. D., 100. Second,race, six and a half furlongs, sell- ing—Sharon, 9%; Ladytike, 95; Nina, 95 Caroven Lady Danby, 95; Sun Dart, 9 99: Cremona, 95; Brogan, Castanet, 95 Third ‘rac 2 selling—Beckton, 105; s bury, 103; Radient, 105; Duke of Fjet, 105; Bay " Secret, i105; Foxglove, 105° Unity Seven, #5; Mtushing, 105; Andrew D., 1 Chief Justice, 105. ; Fourth rave, seven-eighths m!le—Long- stride, 1M; A. O. HL, 114; lume, 114; ‘Trai tor, 112; Half Breed, 112; Litule Jim, 100; Finn Fifth selling: McKeevei : : 105, Luray, 85. Siath race, six and one-fourth furiongs, selling—Archbishop, 1 Lento, 105; Lotion, 105; Blue Bird, 105; taro, 105; Ponce de Leon, 105; Can't ‘Tell, 103: Tenacious, 105; Topgailant, 105. pee ee Colored Baptists in Convention, ‘The consolidated Baptist convention of the state of Maryland and the District of Columbia met at the Metropolit: Baptist Church on R street this morning, at 10 o'clock. The meeting was called to order Rev. A. Ried. Rev. LV. : . The ser- R. H. Por- - Robt. Johnson of welcome, and Rev. J. hiloh Church ‘also made a re of the sponded to The convention will continue ull Friday. MR. DUPONT’S CLAIM[W ANTED 4 RINGIFINANCE AND TRADE Senator Mitchell’s Views on the Del- aware Contest. HE THINKS DUPONT LEGALLY ELECTED Right of the Acting Governor to Vote as Senator. LETTER TO MR. HIGGINS Senator Mitchell of Oregon, who is the senior republican member of the Senate committee on privileges and elections, which wili pass on the credentials of Mr. Henry A. Dupont and of any person ap- pointed Senator by the governor of Dela- ware, has written the following lette WASHINGTON, D. C., May 14, 18: Hon. Anthony Higgins, Atiorney-at-Law, Wilmington, Del. My Dear Senator: - I beg respectfully to acknowledge with thanks the receipt of yours of the 11th in- stant, inclosing memorandum of the constitution of Delaware, out of which arises the. question as to whether Col. Henry A. Dupont was elected by the leg- islature of Delaware as your successor. I have examined with considerable care the various provisions, together with :he suggestions you have made. While, perhaps, it is scorcely proper that one who will be compelled to pass upon the question first in committee and then in the Senate should express an opinion in ad- vance of full argument, I have no hesita- tion in giving you personally my present impressions, which are very strongly to the effect that the acting governor of your state, “holding” the office of governor, has no right while holding such office and exer- cising its functions to exercise any of the functions of a senator, either those relating to the election of a United States Senator or otherwise. ‘If { am right in this, then it would seem to follow very clearly that Mr. Dupont was legally elected Senator. In reaching the conclusion that the speak- er of the senate while holding the oftice of governor cannot exercise senatorial func- tions it is not necessary to.go to the ex- tent that on entering upon the office of gov- ernor he forever ceased to be a senator. His functions as such may be, and I think were, entirely suspended, but, if, for any reason, for instance, by the election of a governor before the expiration of the term of senator for which the acting governor was elected, he ceased to hold the office cf governor and exercise its functions, there would seem to be no reason why he could not then properly resume and exercise the functions of senator to the end of the term for which he was elected as such. There are to my mind very many rea- sons to be advanced why this view of the constitution of your state is the correct one, while the arguments, it seems to me, in support of the position that the same person can at the same time exercise the double functions of executive and legis- lator, fave but slight if any support aris- ing either out of the various provisions of the constitution or of general public policy. Possibly on full argument of able counsel the view I have taken and which I here suggest might be changed. Gigned( JOHN H. MITCHELL, eee DISTRICT GOVERNM iT. Today's Orders. The Cofamissioners today ordered: ‘That water mains be laid as follows, the work having been duly advertised and no objection received thereto: Im alley, square 701, between Half and 1st streets and M and N streets southeast, lots to be assessed—Nos. 56 to 95 and E and F, square 701. In 27th street between I and K streets northwest, lots to be assessed—South 18 feet of 21, 27, 26, 25, 24, 23, 19, 18, 17, 16, 15, north 2) feet of 22, square 1; also lots 30, 29, 28, 27, 9, 10, 11, 12, F and A, square 5. In 35th street between M and Pennsyl- vania avenue northwest, lots to be assess- ed—Nos. 19, 20, 2, of 23, 37, 38, 39, 52, 53, 54, 60, square 14. 1 Philadelphia and lots to be assess- block 5, and lots Omaha streets northea: ed—Nos. 1 and part of 13 and 14 of block In K street southeast. between 13th and 35, 36, 37, a8, square 1046, ‘and 16, 44, 45, 46, 47, 18, 19, 20, 21, 22, 23, 24, 25, of 26, and 37, square 1047. ‘An ‘allotment of $500 from appropriation for purchase and repair of pumps, to be expended for labor necessary for the care and preservation of public pumps and of abandoning wells, is hereby approved. That a fire hydrant be erected in the iorth side of L street between 6th and 7th streets northwest; estimated cost, $85. That a catch basin be constructed at the northwest corner of 15th and T streets northwest; estimated cost, $82, chargeable to current’ street appropriations. ‘That a new pump be erected at 17th and K streets northwest; estimated cost, $35. ‘ Bids Onened. The Commissioners this morning opened bids for furnishing paving brick for the next fiscal year. The bidders were: Wash- ington Brick and Terra Cotta Company, per thousand at place of work, and $7.90 per thousand delivered at District of Columbia property yard; Virginia Paving and Construction Company, Lynchburg, vitrified brick at $: per thousand; Fred- erick Brick Works, paving brick, $9.50 per John Roebrecht, vitrifiel brick per thousand: John M. Mack, vit- rified brick at $21.65 per thousand; Francis & Rouf, vitrified brick at $16.45 per thou- is Brothers & Lane, vitrified .50 per thousand; Charles Ford, paving brick at $8 per thousand. Building Permits. A building permit was today issued to H. R. Boaz for the erection of a two-story brick dwelling at 1407 F street northeast, to cost $1,809. Henry Roberts, the small boy who was released from jail under the peor convicts’ act, when there was a charge of assault with intent to kill pending against him, bas not yet been captured. Just who is re- sponsible for the release from the jail of the youth is a question that has not vet been settled. It was stated yesterday that the trouble resulied from the manner in which the business has been transacted at the Police Court, but Clerk Potts says that Warden Leonard is responstble for the Lcy’s release. He says that when the bo: vas released under the poor convicts’ a there was a commitment on file charging the assault with intent to kill. —— Negroes at Atlanta. The announcement that the subject: “Shall the Colored People of the District of Columbia Encourage the Negro Exhibit at Atlanta?” would be discussed before the Bethel Literary and Historical Society, had the effect of attracting to the Metropolitan A. M. E. Church last night one of the largest and most attentive audiences ever ssembled before the society. ‘he attendance included representative men of tne colored race in this city, and Commissioner I..Garland Penn delayed his departure from the city in order to partici- pate in the exercises. Rev. Dr. J. T. Jenifer, Prof. W. S. Mont- |gcmery, Mrs. B. K. Bruce, Miss Maria L. Jordar, Mr. L. W. Pulies, Prof. Hershaw, | Mr. Penn and others spoke. The speakers nearly all earnestly urged that the negroes of the District should be represented at the exposition. ‘ —>— Lower Beath Rate. The health state of the city underwent a material change for the better during last week. According to the reports of deaths to the health department the number fell } to 81 as against 134 in the preceding week. | Accordingly, the death rate was only per 1,000 people as compared with 21 the last report. The mortality from acute | lung diseases declined from 25 to 7, while | the comparative cessation of fatal attacks 1 contagious diseases was continued. her diphtheria, whooping cough ner ty- phoid fever caused any death, and there ! was but one each from measles and scarlet fever. A gencral review of the health con- | ditions of the city indicates that they are | suiliciently satisfactory as compared with similar periods in other years, A Young Man Tries an Old Game on a Jeweler. Well-Known in Alexandria — Caught With the Dinmond im His Pocket—His Denial. There was an unsuccessful ottempt made yesterday afterncon by a young man nam- ed W. L. Kidwell of Alexandria to rob Fred. H. Cole, the jeweler at No. 409 7th street northwest, but Mr. Cole became rus- picious of his good customer just in time to save the loss of a diamond rirg worth $1C6. The man who made the bold at- tempt to rob the jeweler was arrested and relieved of his vatuable plunder, and now he is locked up on a serious charge. His manner of operating was a repetition of the game of changing packages, which has been successfully played in all sections of the country. Kidwell, who is a good-look- ing young man about twenty-five years old, called at the store about noon and asked to be shown some diamond rings. He picked cut a ring, offered a check in payment, changed tfie boxes and left. The jeweler, however, was suspicious, and no sooner had the customer left the store than he opened the box, only to discover that there was nothing in it but some paper. Rush- ing from the store he saw Kidwéll hurry- ing down 7th street, and on his compiaint Policeman Byer arrested him. He had the diamond ring in his pocket and the ofticer lecked him up. The prisoner lives in Alexandria, where he has a wife and child. He says he lives at No. 226 South Washington street. His father, who was an engineer on the Rjch- mond and Dsnville railroad, was killed several years ago, and the son was em- ployed by the same company. He left that employment and came here with the in- tention of buying a cigar store on G street, so he says. This morning the prisoner was measured and photographed for the gallery. He de- nies that he had any idea of defrauding the jeweler. The boxes, he said, he got from a friend, who is in a jewelry store in this city. Known in Alexandria. Ycung Kidwell is well known in Alexan- dria, having moved to that city some five or six years ago, in the employ of the R. and D. Railroad Company. He was em- ployed by them up to about nine months ago. He has always borne a good repu- tation here, but has been considered a little off as a dresser, always wearing the ex- treme fashions and strutting around as though he ownéd the town. He married the daughter of Mr.,Robert N. Crook and lived with his father-in-law at No. 226 South Washington street. He has never been known to do anything crooked before. He is said to have lost his position in the R. and D. service on account ef being too fond of gambling. Some months after be lost his position he opened a cigar store in Washington, but was not very success- ful. Some six months ago Kidwell appear- ed with a handsome diamond ring on his hand. and, on being questioned, said he had bought it on the installment plan. It was learned in Alexandria: this after- noon that young Kidwell has been acting in a peculiar manner for some days past, cursing and swearing about the house, and at one time threatening to kill his wife. it is also said that his wife's family will not employ a lawyer to defend him, as they saz they would rather fer him to go to the penitentiary than come ba¢k to the house again. Mrs. Kidwell will, it is said, apply for a divorce at once if her husband is convict- ed, and this can be secured without trouble under the laws of the state of Virginia upon a husband being convicted of felony. Kidwell ran away with Miss Crook about four years ago and married her against the wishes of her parents. ee Court of Appenis Rules Agninst Jos. 5 Seam. Upon the motion of District Attorney Birney, the Court of Appeals today dis- missed the appeal noted in the case of Joseph A. Beat, convicted before Judge Cole several weeks ago of the murder of his stepdaughter, Annie L.“Leahy, on the 22d of last December. Counsel for Beam took no exceptions during the trial, being entirely satisfied with the rulings of Judge Cole, but sought to go to the Appellate Court on the refusal of Judge Cole to allow them a new trial on the ground of newly-discovered evi- dence. This evidence, Beam’s counsel claimed, showed that Beam at the time of the crime was, and is now, of unsound mind. The action of the Court of Appeals to- day leaves the condemned murderer but one chance, that of an appeal to the Prest- dent for a commutation of the death sen- tence. Such an appeal wiil be made, but it is understood that District Attorney Birney will insist that the law should take its course. ——_—_ Alarm of Fire. ~- This afternoon about 1.30 o'clock an alarm of fire was turned in from box 141 for fire in house No. 1806 F street north- west, the former law office of the late R. T. Merrick. Painters were at work in the buildirg at the time, and it is supposed that one of them threw a lighted cigar in a keg of old paint and rubbish. The chemical engine company was first to reach the scene of the fire, and the flames were soon extinguished, without a stream of water being thrown in the house. The damage amounted to about $25. SS Not n Case of Libel. The case of Walter S. Griflith against the Washington Times Company, in which the plaintiff claims $50,000 damages because of lieged libelous article published in the hington Times last August, was on trial in Circuit Court No. 1, before Judge Bradley, today. @ trial was a rather brief one, the jusy taking the case about 2:30 this afternoon. The jury returned at 2:50, stating that they found for the defendant. = a Grain and Cotton Markets. Cotton and grain markets, reported: by W. B. stock, grain and cotton broker, 1421 F st. GRA! 66: cog jour active, ents, 13, ights very Butte ato eported t ing epaient dour, per a1S.00; a rt Wall Street Prices Depressed by London Repcrt:. RAILROAD LIST REMAINED STEADY Big Sales of Reading Being Made. GENERAL MARKET REPORTS Special Dispatch to The Evening Star. NEW YORK, “May 15.—Infiuenced by London's quotations, the local market open- ed at declines varying from 1-8 to 3-4 per cent, and subsequently became irregular under a fair volume of business. Arbitrage houses bought a few stocks during the morning, but sold upward of 15,000 shares later in the day, and reported an improving demand in London for international issues. The reports from the west were more en- coureging, and indicate that the damage resulting from the lower temperature will be more than offset by the rains which fol- lowed. The railrcad list was steady throughout the morning, but in the main prices were not up to yesterday's level. Frcm the course of the market it is dif- ficult to determine whether the policy of buying on all concessions, or that of selling cn all rallies, is the more favored. It is undoubtedly true that the short account has figured more prominently in the trading of the last two days than at any time recent- ly. Under the circumstances a reaction may result, but there is little probability of the decline extending beyond reactionary limits, as the market responds more easily to the good points in the situation than it does to the bad. Traders generally believe that the mar- ket is honeycombed with stop orders 1 or 2 per cent under prevailing prices, and ef- forts will be made from time to time to dislodge them. * Reading was freely sold on this belief, a prominent bear trader being credited with sales aggregating over 20,000 shares, the price yie.ding 1 1-2 per cent as the result of the movement. The grangers sold off fractionally under room operations, to which no signifisant motives were at- tached. The bulk of the business centered in the industrial group, Sugar, as usual, occupying a prominent place. Opening at a fractional decline the price was marked up 1 per cent on purchases by pool agents, but subse- quently selling orders predominated, re- storing first prices. Chicago Gas was advanced 1% per ‘cent under purchases in which both accounts were conspicuo: There has been continu- ed ecelling of this stock in opposition to a strong bull pool, but present indications are favorable to the triumph of the latter or- ganization. An effort may be made tomor- row to pass the frontage bill over the gov- ernor’s veto. Distiller’s was again active up to 235-8, traders contributing to the advance. The foreign exchange market was firm at fractional advances over yesterday's rates. The absence of security bills is re- sponsible for the advance, as bankers are disinclined to draw freely at present low rates. It is probable that the firmer tone of this market will yield shortly to a good supply of bankers’ drawings. The trading of the last hour was moderately active, with prices in many instances at the low- est point of the day. . The hesitancy to buy prior to a reaction is again marked, and should Europe with- draw her orders the long overdue decline would speedily follow. —————— ¥INANCIAL 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- perted by Corson & Macartney, members New York stock exchange. Correspondents Messrs. Moore & Schley, No. 30 Broadway: Stocks. * Open. High. Low. Close. American Sugar. . i 5K 115 American Sugar Pid. 99%; 995 9955 American Tovacco.... Wid 1053g 106% American Cotton Oil.. 50%, 29 20 Atchison. Leet, Gee Canada 58% 535 BH Canada Pacillc By SB SS Chesapeake an: 22%, Dg L1H ¢.. C.. C. and Bt. L. Rs 8 Chicago. B. and Q Tig | TK Chic.and Northwestern. ve Chicago Gas iy 73 C..M.and St. Paul xm 5 C.. M. and St. Paul Pfd. - Chic.. R.L. and Pacific. Del.. Lack. and W. Delaware and Hudson Den. and R. Grande Pfd Dis.and Cattle Feeding. General Electric. Ulinois Central. Lake Shore. Erte Louis) d Long Isiand Traction... Metropolitan Traction. Manhattan Elevated. Michigan Central. Missouri Paciti National Lead Co. U.S. Cordage Co. U.S. Coraage Co. Pia! New Jersey Central. New York Central... N.Y. and N. 4 N. ¥., C. and St. Louis, Northern Pacific. Northera Pacific North American. Out. and Western. Pacitic Mail Phila. and Reading. Pullman Pal. Car Co Southern Railway. Phila. ‘Traction ‘Texas Pacific... 4enn. Coal and J ron. Union Pacitic. Wabash Wheeling and L. Wheelimg and LE. Pf Western Union Tel Wisconsin Central. Suver.... Washingtea stock Exchange. Sales—regular call—12_ o'clock _m.—Washington Gas, di at 54; 10 at 54; 33 at Ot; 20 at 54; Jov at 54; "100 at 54 1,000 at'54; 100 at Si; Y at OG; 1 At 54%. National Union Insurance, 100 at 13%: After cail—Second Natlonal Bank, 5 at 135. Government Bonds.—U. 8. 4s," registered, 112% bid, 113% asked. U.S. 4s, coupon, 112% Wid, 11343 asked. U.S. 4s, 122 bid. U.S. Ss, 115%% bid, 11644 asked. District of Columbia Bonds.—20-year fund 5s, 106 r fand Gs, gold, 113 bid. 116 bid! Water sto 3,058, founding, 103, 100 bid. bid.” 30-5 Water Stock Zs, 1901, currency, currency, 120 bid bid. Sigs, registered, 3, fiscellancous Bonds.—Washiagton and George- town Railroad conv. 6s, Ist, 130 bid, 140 asked. Washington and Georgetown ‘Railroad conv. 6s, 2d, 130 bid, 140 asked. Metropolitan Railroad cony. 6s, 103 bid, Belt Railroad 5s, 85 bid, s7 asked. Eek: ington Railroad 6s, 103 bid, 105) Railroad 6s, 110 bid, 112 asked. Company A, 113 bid. Company 6s, se 114 bid. Company conv. Gs, 133’ bid, 138 asked. tric Light conv. 5s, 133 bid. Chesapeake and T’o- elophone 5s, 102 bid, 105 asked. American Security and Trust . F. and A., i00 bid, 105 asked. American Security and ‘Trust 5s, A. and O., 100 bid, 105 asked. Washington Market Company ist 63,’110 bid, 115. asked.” Washington Market Company imp. 6s, 110 bid, 115 asked.” Washinztor Market Company ext. 6s, bid. Mason ali Association 106 bid. Washington Light infantry Too bid. Washington Light Infantry 2d 7s, nal Bank Stocks.—Bank of Washington, 280 bid. ‘of the Kepublic, 250 bid. Metropolitan, 28) bid, 300 asked. Central, 260° bid, Farmera and Mechanics’, 180 bid. , 137 bid, 150 asked. Citiz i ia, 135 wid, 140 asked. Capital | West End, 108 bid, 111 asked. ‘Trade: d. Lincolu, 98 bid, 101% asked. Olio, 80 bid, 95 asked. = ‘Safe Deposit and ‘Trust Compantes.—Nattonal Safe Deposit and Trust, 125 bid, 123 asked. “Washington Loan and Trust, 120 bid, 121 asked. “American Se- curity and Trust, 136% bid, 138 asked. ocks.—Washinxton jcorgetown, ropolitan, (6 bid. Columbia, 64 bid! a. Eekington, 20 bid. and Electric Light Stocks.—Washington Gas, 5a bid, 54% asked. OU. 8. Elecirle Light, 136 bid, 140 asked. Tnsurance Stocks.—Firemen’s, 87 id, 43. asked. Potomac, 68% bs. 200 asked. ” National U lumbia, 13% bid. Ti; ‘Title bid, 1 ‘Columb Tithe, 74 bid. ton Tit sked. District Title, asked. sphone. Stocks. —P wanla, 27 did. Chesa- fail. Potomac, 35% asked. American yhophone, Bie bid. Pieumatie Gun Carriage, “us Stocks.—Washington Marl “4 Bull Run Panorama, 30 asked. Washington Company, 10 bide’ “Lincoln Hall, 73 “bid. -athater Linotype, °i85 bid, £10 asked. House Robbed. The residence of Dr. A. W. Tancil, No. 2111 Pennsylvania avenue, was visited by burglars at an early hour yesterday morn. ing, and robbed of $10. A dangerous carv. ing knife, sapposed to have been carrieé by the burglar, was found in the woodshed