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2 THE EVENING STAR, THURSDAY, OCTOBER 10, 1895-TWELVE PAGES. a titled to wear the uniform of the rank on which he is retired; by section 1274 he is ertitied to receive 75 per centum of the pay of such rank, and by section 1250 he may be assigned to auty at the Soldiers’ Home, upon a selection by the commissioners of that institution, approved by “the Secretary oz War, but ‘shall not be assignable to any other dut, Of the 1,861 regulations for the army, published in 1889 by he Secre- tary of War, the only one thai imposes a duty upon a retired officer appears to be No. 8, whicn provides that ‘Every officer or the refired list will, unless spectally ex- empted, report his address monthly to the adjutant gereral.’ “The Constitution of the United States, article 2, section 2, clause 1, constitutes the President commander-in-chief of the army and navy. Officers of the army on the retired list are enumerated as an ele- ment of the army of the United States Ly section 1094 of the Revised Statutes of the United States. “It follo is command: therefore, that the President in-chief of the officers of the army on the retired list. This function of the chief executive, however, is unaccom- panied by harrowing care or weighty re- sponsibility, for while he may na very limited number to duty at the Sol- diers’ Home, and, through the adjutant general's office, ascertain whether retired officers make monthly report of their ad- dress, it is beyond his power to assign them to other duty because of the statu- tery inhibition. His title of commaader-in- chief, so far as it relates to them, as he is shorn of all power to impose duties, ap- Pears to be an empty name. A Metaphysical Problem. “The return claims that the President Is the commanding officer of the petitioner, because commander-in-chief of the army, and that Gen. Schofield on September 27, as acting secretary of war, was his organ and tative in bis capacity as Armes’ commanding offti- tkerefore, when this offending tter, addressed to him as ‘Gen. Schofield, A.,’ was read by him in own office he deemed that the offense specitied in the return v itted in his presence and within knowledge as acting Whether this metaphysi- © demonstrated and the Intained need not be row determined. ‘al representatives of the War Dep { disclaimed at the hearing any atterapt to derive authority for the pesition 1m of the articles of war, rs to quell quar- and to order offi- . and he relied solely upon ch reads: ‘Officers charged | be arrested and confined ‘ks, quarters or tents and de- prived of their swords by the commanding officer. Ard any officer who leaves his con- finement before he is set at liberty by his commending officer shall be dismissed from the servic two are the only articles of war that relate to the arrest and confinement of officers. “For the petitioner it is asserted that no charge of any kind was preferred against him at the time of the arrest; that no charge of crime has been made since then; that for the offense embodied In the charges and specifications appended to the return no arrest was necessary, and that the arrest and confinement were unlawful and op- pressive. In behalf of the custody of the petitioner it is claimed that-an officer of the army may be arrested and confined without charge expressed or preferred in any form; that it is only necessary that he be served with a copy of the charges upon which he is to ve tried within eight days after he is ar- rested, and meantime he has no right to be informed of the occasion of arrest; that the Word crime as used includes every offense, however trivial, for which an officer may be tried by court-martial; that inasmuch as a retired officer is not in barracks, quarters or tents he can be arrested and con- fined in some quarters or tents in the discretion of the officer ordering the arrest; that this errest was made for the purpose of trial, and was essential as a preliminary step to such trial. Arrest ix Not Essential. “It may be that’ where the penalty for the Offense charged-is or may.be imprisonment, or death, that arrest is a requisite prelim!- Pary step, for the penalty deals with the hody of the offender, but where the penaity is reprimand, fine, or dismissal from the service, arrest and confinement would ap- pear to be useless and non-essential. Cus- tedy is not essential to trial by court-mar- tial. Army regulation No. 1025 makes the sentence of confinemert operative from the date of its promulgation in orders, ‘if the person sentenced be then in custody,’ and recognizes the power to try and sentence to imprisonment a person not in custody. One of the formulated charges against the pe- titioner is conduct unbecoming an officer and a gentleman. The penalty for this of- ferse, under article of war No. 61, is dis- nissal from the service. Custody would not be essential to the imposition of sentence. The other charge formulated is conduct to the prejudice of good order and military €iscipiine, which, under article No. 62, may be punished at the discretion of the court- martial, and under this there is no appar- ent necessity for arrest or custody. AS to this charge, although it is possible to make it, and it is one of which a court-martial has jurisdiction, it would appear to be idle to make it against an officer having no command’ or authority, who ts not engaged in, or associated with, active service, who is rot subject to order, or command, and to whom discipline does ‘not apply. But that is a matter for the court-martial to decide. The Right of Complaint. “Both charges are based upon the letter of the 27th of September to Gen. Schofield. This was a personal and a private com- munication to that officer. It makes grave charges of persecution, injustice, wrong, and unjust and improper official action ‘by Gen. Schofield to the petitioner. If these charges were true, would their making be conduct unbecoming an officer and a gentle- man, or conduct prejudicial to good order and military discipline? If the petitioner believed or thought that they were founded would it be such conduct? “By article No. 20 of the articles of war it is provided: ““*Any officer who thinks himself wronged. by the commanding officer of his regiment, and, upon due application to such com- mander, is refused redress, may complain to the general commanding in the state or territory where such regiment is stationed. ‘The general shall examine into said com- plaint and tuke proper measures for re- dressing the wrong complained of; and he shall, as soon as possible, transmit to the Department of War a true statement of such complaint, with the proceedings had thereon.’ “By article No. 30 ‘Any soldier who thinks himself wronged by any officer may com- Plain to the commanding officer of his regi- ment,who shall summon a regimental court- martial for the doing of justice to the com- plainant.” “Is it possible that an officer in active service may lawfully seek redress from the commanding officer of his regiment, who he thinks wronged him, and that a common ier may lawfully complain of &n officer if he thinks himself wronged by hin, but a retired officer, out of active ser- View, ensaged in the pursuits of civil Hie, jain to the general command- ing the army of wrongs that he thinks or believes that general has inflicted upon him, without being subjected to summary arrest and incarceration and ultimate trial by court-martial? If so, then there is a rigid unwritten discrimination against such an officer that shou! receive early attention and righting from our national legislature. “I am_ satisfied that the words: ‘charged with crime’ in articie No. 65 were accu- rately used by Congress—that to justify an arrest and confinement there must be an antecelent charge of a detinite offense made by some one, in some form, oral or written, and that an arrest and confluement without such ch is unlawful. No charge of any k I am also satisfied that rime’ does not include minor of- lects. Articles of . and No. 60 relate to spe- crimes, and article No. 62 uses this ‘All crimes not capital and all sand neglects which officers and ers may be guilty of,’ thereby indicat- ing the discriminating use of the word ‘crime’ in article No. 6. Can it be claimed reasonably that the offenses specified in the charges preferred against the petitioner are crimes in the sense in which the word 1s apparently used? With reference to the character of the @rrest and confinement, and as indicating the proper interpretation of the terms used, it may be weil to quote army regulaticns Nos. 99) and 991, as follows: ‘990. Com- manding officers alone have power to place z i a arrest, except as provided in the article of war. Tangy: disord ‘0 An arrest may be imposed by the order of the commaniing officer, given by him, in person, or conveyed through his staff officer, either orally or in writing. The officer upon whom It is Imposed will repair Gt once to his tent or quarters and confine himself to the same until more extended limits have been granted.’ ‘To Gratify a Personal Feeling. “If It be conceded that ‘is arrest and con- LATE NEWS BY WIRE Reported Destruction of La Paz, Lower California, HURRICANE FOLLOWED BY TIDAL WAVE The Reason For Advertising. Advertisers use The Star because they get profitable results from their advertising in it. They know, also, that each one pays a like price for ies service. Loss of Life Said to Be vertising space is not iven to one house in order’ heey: t it may act as a decoy duck for others. No “discount” for one, ial discount” for an- other and “extra i discount” for still another. Like price for like service is the only fair way. NO DETAILS YET AT HAND ————— SAN- FRANCISCO, October 10.—Private dispatches received here say that La Paz, Mexico, has been completely destroyed by a hurricane. The storm was followed by a tidal wave, the waters in the bay rising to an unprecedented height, invading ‘hat Portion of the city fronting on the bay, and carrying out to sea men, animals and de- bris of wrecked buildings as the tide sub- sided. finement were not by the order of Gen. Schofield as leutenant general, but were by his order as actit.g secretary of war, therefore by the order of the President, and that the President is the commanding officer of the petitioner, although without bower to assign him to any duty, yet it dce3 appear that the petitioner, living quietly at his residence in this District, raving no barracks or tent, but found within his quarters, if he can be said to have quarters, in violation of army. regula- tion No. 991, which prescribes the manner in which arrest and confinement may be imposed, and in violation of article No. 6 without the existence of the slightest neces- sity for either arrest or confinement, or any occasion therefor except the gratifica- tion of a personal feeling that apparently inspired the issuance of the order, was taken into custody by an officer with a file of soldiers and carried to Washington bar- racks under the order which required him to be held in close arrest under guard, if necessary. “If he -were Hable at all to arrest and ccnfinement, the only arrest and confine- ment that could be lawfully imposed would be such as is prescribed by the article of war and the regulations quoted. “Regulation No. 992, providing for larger limits than the tent, or quarters, in the discretion of the commanding officer in case of arr2st, uses this language: ‘Close confinement will not be enforced except in céses of a serious nature.” “Under the caption, Military Discipline, regulations Nos. 2 and 3 appear worthy of quotation in this connection: “*2. Military authority will be exercised with firmness, kindness and justice. Pun- ishments must conform to law. and follow the offense as promptly as circumstances will permit. “3. Superiors are forbidden to injure these under them by tyrannical or c: pricious conduct, or by abusive language. “Being of opinion that the arrest and taking of the petitioner into custody, car- rying him away from his home quarters to barracks not his own, and holding him in close arrest without any antecedent charge of crime preferred in any way against him, was and is unjust, unlawful, arbitrary, ‘ty- rannical’ and ‘capricious’ on the part of Gen. Schofield in whatever capacity he act- ed, whether acting as lieutenant general or/ acting as acting secretary of war, and that the petitioner is entitled to be discharged, it is so ordered.” Major Armes Declines to Talk. When Maj. Armes was visited by a Star reporter this afternocn subsequent to the rendering of Judge Bradley’s détision he was disinclined to talk on the subject. “J believe it would be much better for me to say nothing at this time,” he re- marked. ‘My letter to Gen. Schofield set forth the reasons for his enmity to me, and I have no more to say on that subject. Neither can I say whether the decision will have any effect cn the course of the War Department authorities or not. I ex- pected such a decision when I began pro- ceedings in the civil courts. I shail attend to my business and the case will go on to a@ final ending. But I don’t care to talk about it.”” At the War Department. The substance of Judge Bradley's deci- sion in the Armes case was communicated to Secretary Lamont and a number of ar- my officials at the War Department this afternoon by a Star reporter. The news was received with mingled expressions of surprise and incredulity. Secretary La- mont, as is usual with him in all official matters, refused to discuss the decision one way or another, and. following his cautious example, all the army officers ap- proached would talk only on condition that their names were suppressed. One officer in the department of military justice said that tne decision is a great surprise and may have an injurious effect In the main- tenance of military discipline, especially among army officers on the retired list. He said that the department did not accept the decision as conclusive or binding, and, therefore, had appealed the case to the District Court of Appeals, in the firm be- lief that that court would reverse Judge Bradley's decision. Maj. Armes’ Trial. It is pretty well settled that Major Armes will be ordered before a court-martial for trial for his alleged insult and insubordina- tion to Gen. Schofield while acting as Sec- retary of War, the charges for which are conduct to “the prejudice of good order and military discipline,” and “conduct un- becoming an officer and a gentleman.” A conviction on this latter charge would ren- der him subject to dismissal from the army. In case vf conviction on the former charge he could be sentenced to a perlod of sus- pension and to a reprimand in general or- ders. The charges already filel against Major Armes are signed by Capt. T. A. Bliss of the subsistence department, former- ly on Gen. Schofield’s staff. ‘The court- martial, if ordered, will be appointed by the Secretary of War as the representative of the President and not by the general com- maniing the army, as was at first sup- posed. There {s no apparent indication of an abandonment of court-martial proceedings in consequence of today’s action civil court. Although t yet settled, It is more than probable, however, that no fur- ther action wiil be :aken by the military authorities in this case until after it shail have been fully passed upon by the Dis- trict Court of Appeals. As understood at the War Departm Judge Bradley de- cided merely that Major Armes was not subject to arrest in the manner pursued, and rot that an officer on the retired list was not amenable to trial and punishment for wu viclation of the articles of war. Arrest of Retired Officers, ‘The ruling that an officer on the retired list could not be arrested for any offense not involving punishment by imprisonment or death is not understood as inhibiting the trial of such an officer for minor in- fractions of military regulations. It mere- ly holds, in other words, that the actual presence of the accus2d officer under ar- rest is not an essential feature of his trial on proper charges. If Judge Bradley's decision shall be sus- tained General Schofield’s action in causing the arrest of Major Armes may prove serious to him, inasmuch as ft ts generally understood that Major Armes proposes to sue him to the amount of $50,000 for ialse arrest and imprisonment. —_——.__ Indictments and Charges Iguored. The grand jury this afternoon returned the, following gindictments: John Moore, larceny; Harry Wainwright, do.; Thomas Nelson, alias Neilson, do.; Lloyd G. Thomas, do.; Edward Brown, alias Williams, alias Hampton, housebreaking; George Stebbins, do.; Lorenzo Brown, assault, with intent to kill; Clarence and Battle Minor, do.; Amelia Baptist, second offense of petit lar- ceny. The charge of false pretenses preferred against Failey D. Veale was ignored. ‘The indictment returned against Battle Minor and his son, Clarence, charges them with assaulting Policeman Geo. W. Greer, with Intent to kill him, while the officer was attempting to arrest the elder Minor on the 2th of last June, the policeman be- ing seriously injured. ~ The dispatch was dated Guaymas, and was received by Shipping Agent Reuter. The dispatch sald the steamer Willalette Valley of the Pacific mail line had been delayed two days at Guaymas by the same storm which devastated La Paz, but that she left Guaymas last night for the north. Mexicans here say that they have had dispatches about a severe storm which pre- vailed all along the coast early this week. The loss of life is reported heavy, but de- tails of the disaster are meager. Careful inquiry among shipping ‘firms in- terested in Lower California trade shows no atditional information has been received in regard to the reported destruction; two steamers, Mazatlan and Diego, are due in Guaymas today from the south, and it is probable they will bring some information about the matter if they arrive at Guaymas on time, which appears to be very doubt- ful on account of the terriffic storm which has prevailed in the Gulf of California for some days bast. LaPaz is the capital of Lower California and situated on a bay of the same name. The port is well sheltered and easily de- fensible against attack from the sea. The city had a population of 3,000, a cathedral, @ government house and a town house, and the place was once the abode of luxury, as evidenced by the handsome dwellings of the. wealthy class. La Paz was once the seat of extensive pearl fisheries, silver mining was extensively engaged in and the commerce of the port was not inconsiderable. . ee OPPOSITION TO REVISION. Futile Attempt to Secure Recommit- ment at Minneapolis. MINNEAPOLIS, Minn., October 10.—The opponents of constitution revision in the Episcopal Church sHowed their hands in the house of deputies today when Stephen H. Nash of New York arose and offercd a resolution cAlling for the commitment .of the constitution to a new-revisional com- mission. It was stipulated that all amend- ments befcre the convention should be.re- ferred, that the commission should report in the form of definite amondments to ‘the present constitution. Louls Stockton of western New York thereupon asked the ruling of the chair as to whether this resolution was in order. Dr. Dix ruled that it was not, since the present commission had not presented its full report, nor had it been discharged from duty. As no one was ready to move the discharge of the present commission, con- sideration of its report was resumed. A motion to strike out section 3, which provides for the office of ‘primate’ to be held by the senior bishop, was defeated— 178 to 120. ‘When section 4 was taken up Judge Fair- banks of Florida moved to amend by re- storing the number of clerical and lay deputies from each diocese to the present rember of four. ‘This was accepted with practical unanimity. The deputies spent. some time at the opening of the session in revising its rules. Buchanan Winthrop was re-elected treas- urer of the convention. The house of bishops took up the pro- posal for the erection of the diocese of Marquette, in northern Michigen, which was favorably voted on by the deputies yesterday. The bishops voted in favor of the division, but appointed a committee of conference with the deputies to straighten out some technical difficulties. The house then went into council on -he subject of Christianity. The Washington Diocese. Spectal Dispatch to The Evening Star. MINNEAPOLIS, Minn., October 10.— Bishop Paret will call the convention of the new diocese of Washington to meet in that city the first week in December. —_—_—.__ HAWAIIAN REVOLTS. They Are in the Imagination of Sa Francisco Writers. DENVER, Col., October 10.—F. M. Davis, a Horolulu merchant, arrived in Denver yesterday en route to Atlanta, Ga. He ‘It would, of course, be useless to that factional, differences exist in Hawaii, and especially in Honolulu, and the republic as it stands has a good many supporters, and I am of the belief that if the vote on the question of annexation was taken today there would be an over- whelming expression in favor of it. “As to the royalists,” added Mr. Davis, “we hear very little of them. Occasion- ally we read in the American papers of some uprising and some deep laid plot to restore the queen, and we are forced to laugh over them. “The Americans should use several grains of salt with anything they may read about Hawalian revolutions these days. It is a common saying in Honolulu whenever the stories go out that San Francisco is again in the throes of the South sea rebellion for tho majority of the stories are simply glittering testimonials to the imagination of San Francisco newspaper men. The queen is not kept in close confinement, and is allowed to drive about pretty much as she pleases. She has her own court, but as for causing trouble, 1 do not think she is lacking in common sense, and unless she is, restoration would be about the last thing she would attempt. Interest in her has largely died out, even among the na- tives.” ——— THE HOT SPRINGS FIGHT. Dallas’ Big Structure to Be Moved to Arkansas, HOT SPRINGS, Arkansas, October 10.— Mayor Waters and Attorney Martin re- turned today from Dallas, where they se- cured the Corbett-Fitzsimmons fight for Hot Springs. Mr. E. H. Silven, the archi- tect for the club, also came and Dan Stuart will arrive Sunday or Monday. In conversation with an Associated Press correspondent Mr. Silven sald he would go right to work laying out ground for the amphitheater, and the Dallas structure would be moved here in its entirety, and that the big fight would be pulled off at Whittington Park, October 31. He further stated that a day and a night force of a hundred men would be put at work Tuesday, and would not stop until the building {s completed. Five hundred thousand feet of lumber is on a side track at Dallas, on the way here, and men are working tearing down the structure at Dallas. .A monstrous crowd of jubilant citizens greeted the return of the committee. Corbett will train at Hot Springs, and wil! arrive next week. It is not definitely known yet whether Fitzsimmons will come here to train, but he probably will. ———— MGR. SATOLLI'S ELEVATION. The Pope Refers to It in Conversation With Minister Tripp. ROME, October 10.—The pope today re- ceived the United States minister to Aus- tria, Mr. Bartlett Tripp, and congratulated him upon the complete freedom of Cath- olicism in the United States. His holiness referred to the coming eleva- tion of Mgr. Satolli, the apostolic delegate to the Roman Cathclie Church in the United States, to the cardinalate, and in- quged conceruirg the health of President CiMeland, for wnom the pope expressed warm regard. His holiness appeared to be erjoying ‘excellent health. THE SECOND ARMY CORPS Resolutions Congratulating Gen. Miles Passed With Enthusiasm. Gen. Brady Ton the Story of the Shackling of\Jeffernon Davis at Boris Munroe. stg Fe The Second ArmyzCorps Association held its regular meeténgat Willard’s Hotel last night, and here, wae @ large attendance of veterans, who wére’not backward in show- ing their gratification at the elevation of their old comrade and commander, Gen. Nelson A. Miles, to the command of the army. Many speéches were made, and among them was one by Gen. Brady, which proved a valuable contribution to the his- tory of ‘dn interesting event occurring at the close of the war, _ Gen. Brady, after recalling the gallant career of Gen: Milés in the second corps, stated. that he happened to be the guest of Gen. Miles at Old Point Ccmfort (Fortress Monroe) in 1865, when he was in command there, and had in his keeping the distin- guished’ prisoner, Jefferson Davis. Gen. Brady declared that the story of the plac- ing of the shackles on Mr. Davis, now go- ing the rounds of the press, was not true. He knew that this was done by direct order of the Secretary of War. Gen. Miles was no more responsible persorally for it than the soldier or blacksmith who fastened the frons on Mr. Davis’ limbs. He simply obeyed the orders of his superior. Gen. Brady also alluded to the fact that he was at Willard’s Hotel here after Gen. Miles was relieved from duty at Old Point and Gen. Miles and himself had adjoining rooms, and that the, former read letters from his home in Massachusetts asking him to accept a nomination for Congress, and that Gen. Miles and himself discussed the propriety of accepting the proffer or taking an appointment which had been tendered him as colonel of the fourth infantry, which he finally took. Congratulating Gen. Miles. The association listened to other speech- es, and then passed resolutions congtatu- latory of Gen. Miles amid much enthusiasm. ‘The resolutions recited that the association recalled with pride the fact that Gen. Miles, who had attained the honorable and re- sponsible position of commander of the army of the United States, had served throughout the war of the rebellion in the second army corps, rising through suc- cessive grades from first lieutenant to major general of volunteers and exhibiting in every grade and position the qualities of the brave soldier and efficient and capable commander. The members of the associa- tion therefore resolved, as comrades of his in ‘the volunteer service, who nad watched with interest his career in the regular army, to extend to him their. cordial con- gratulations upon his services being recog- nized by his promoticn to the highest rank obtainable in his country’s service. The Hancock Memorial. In addition to these pleasant features a considerable amount of important business was transacted. It was announced that all the atmy’ organizdtions with which Gen. W. 8. Hancock had been connected during his career had agreed to bring the remains of the distinguished soldier to Arlington for final interment, and that it was believed Mrs. Hancock would agree to such re- moval. -It--was.mldo determined to unveil the statue of Hancock, designed by Sculp- tor Ellicott, néxt July, on the anniversary of the battle of Gettysburg. Comrade De Witt C. Sprague was recommended as the joet for the dedication ceremonies. Capt. Patrick O'Farret}:was admitted to mem- bership, and made & happy speech expres- sive of his gratifigation at’ being mustered. into the old secgnd corps again. Fount) CNCONSCiOtS. —— A Clerk in the'Pewsfon Office Taken to the Emergency Hospital. A man’ about! forty-five years of age, wearing a Grand ‘Xrmy button in tne lapel of his coat, was ‘found tying unconscious shortly after -2“o’¢l6ck. this afternoon in Judiciary Park rear 59 ‘street. He was taken to the Emérgency Hospital in the police ambulance, ‘aud ‘eiforts made to re- vive him, Thé only ¢low to his identity was the name “W. A.’Moore” on his linen. There was also a letter which would Indi- cate that the man had been a clerk In the general land office. Inquiry at the ‘land office disclosed tho fact that William A, Moore had been em- ployed tkere until about two years ago, when he was transferred to the pension office. It was learned-later that the man ts William A. Moore of Mlinois, a clerk in the southern division of the pension office, who resides at 725 Irving street northwest. He had been on three days’ leave of ab- sence ani this worning applied for and was granted three days’ additional leave. At 3 o'clock the candicion of Moore was unchanged and the physicians at the hos- pital were theh unable to determine the nature of the ailment. pee aes POWERS OF COURTS-MARTIAL, Must Not Be Allowed to Interfere With Civil Proccedings. Assistant Secretary Doe has made a de- cision that tends to considerably restrict the powers of military courts-martial. He holds that a soldier on bail for trial by a civil court may be brought before a court- martial for trial, but the milltary proceed- ings cannot in ary way interfere with the civil proceedings, and if the result of the military trial may be imprisonment long enough to cover the time for the man’s trial by the civil court, the military pro- ceedings must be postponed. ‘Another decision defines the responsibil- ity of a captain to his colonel, and it is held that the regulation making the cap- tain responsible for the theoretical and practical instruction of his company does not make him independent in that respect of his colonel, who is responsible for the captain's conduct. ‘A decision of importaned to officers who intend to retire under’ the thirty years’ service law. is to the effect that in caleu- lating thetr servite the time spent at the Military Academy as a cadet may be in- cluded. SS ee MEMORIAL TO PILGRIMS. The Congregntionalists Raising a ~"Fand. SYRACUSE, N. ¥., October 10.—The sec- ond day's session Bf the National, Council of the Congregational Church of the United States took cn an international aspect this morning when delégates were welcomed from’ the untong of, England and Wales and Canada. saat ait The council considered the matter of erecting a memorial to John Robinson, the founder of Congregationalism. A commit- tee reported that $1,200 had already been subscribed toward the erection of a church at Gainesborough, England, where the Pil- grims worshi » ‘The remainder of the mcrning’s session was devoted to ad@resses on “Training of Ministers For Qur Fereign Population,” by the Rev. Henry“A. Schauffler of Ohio, Sam- uel H. Lee of;Massachusetts and M. E. Evers of Ilunolg. | - Wants'a Divorce. A petition wag, filed today for Julia Nel- son, by” Attorney, Campbell Carrington, praying for a divorce from Julius Nelson, to whom she was.married here more than ten years ago. Mrs. Nelson charges that her husband. willfully deserted and aban- dohed her. November 5, 1892, and she charges also that he abused and cruelly treated her. She prays, too, for the cus- tody of Nathaniel, one of their, two. chil- dren. ——.—__ Morrissey Won. The first race at Alexander Island today (half mile) was won by Morrissey (Wash- burr), 5 to 1; Irish Lass (Narvaz), 1 to 2, second; Joyeuse (Hayes), 4 to 1, third. Time, .49 3-4. . a A Warrant for Mrs. Lockwood. A warrant charging Mrs. Belva A. Loci weod with libel was {ssued this afternoon on the oath of Lawyer R. E. L. White. + TYPHOID FEVER Tnvestigatious Going on of Its Preva- lence in Washington. HEALTH OFFICER, WOODWARD TALBS Surgeon General Sternberg on the Causes of the Disease. WATER AND SEWERAGE ———— “The unusual number of cases of typhoid fever in this city,” said Health Officer Weodward to a Star reporter today, “indi- cates a state of affairs in the sanitary conditions of Washington for which we are trying to find the cause. We have sent cards to the physicians of the city re- questing them to make reports upon re- cent cases of typhoid coming under their professional care, giving as complete his- tory of what might be called the antece- dents of the case as possible under the circumstances. While physicians are very busy they are making returns as rapidly and as satisfactorily as they can and in- dicate general willingness to expedite the inquiry being made by the department. Inspectors Making Inquiries. “In addition to this we are sending in- spectors to make inquiries in cases of deaths from typhoid reported to the health office, and will extend this inquiry to cases of sickness from the disease as we learn of them. ‘The Inspector is instructed to ascertain as much as can be learned of the movements of the paticnt before the disease manifested itself, whether he had been out of the city, what kind of water Is used in the house, where the milk con- sumed comes from, and other details of interest. The reports thus made, it is hoped, will tend to enable the department to learn something definite of the gen- eral conditions producing the unusual amount of typhoid. “The indications age that it will be found that, as far as the prevention of typhoid fever in this city {s concerned, the means thereof will be beyond the present re- soprees of the Commissioners with ex- isting limited appropriation for water sup- ply and sewer extension. We have fourd cases of typhoid in families that use Poto- mac water and others that do rot, ani It will be difficult, I imagine, to determine whether defective sewerage or insufficient water supply has the greater’ influence upon the spread of the disease. It is gen- erally conceded that the unusually dry season has something to do with the mat- ter. Typhoid is more likely to be prevalent during seasons of severe drought and low water than otherwise, all other condi- tions being equal. The wells drain a larger surface urea at such times and the volume of water being smaller there ts likely to be a greater concentration of bacteria in the water. “There is no occasfon for undue alarm over the situation, if the public follows the instructions laid down for their guidance. The lines are clearly stated, within which prevention lies, and the rules have been published in The Star. Danger of the spread of the disease in families where there is one case can be avoided by proper precaution: Surgeon General Sternberg’s View. Surgeon General Sternberg of the army said to a Star reporter today that he was not prepared to discuss the question of the cause or cau: of the prevalence of ty- phoid fever in Washington, because he had ne¥er investigated the subject. “I am con- vinced, howeve>,” he said, “that to a con- siderable extent the prevalence of typhoid fever in this city is due to the want of proper sewerage in certain portions of the city, to the continued use of wells, the water of which comes from contaminated soil, and the use of which has been pro- tested against repeatedly by sanitarians. In addition to this, it is not improbable that a certain proportion of cases may be in individuals who have beccme infected while absent from the city. The develo ment of typhoid fever depends not only upon the introduction of the typhoid bacil- lus by means of contaminated water or milk, but also upon acecssory causes, by which the vital re: ‘ing power is reduced. Among these are exposure to insanitary conditions, insufficient or improper food, cverwork, either mental or physical, etc. ‘The young are especially subject to infec- tion. The question as to whether the con- siderable number of cases reported to be new prevailing is due to contamination of the general water supply is one which I have not had an opportunity to investigate, but I judge that the investigation now be- ing made will show that it is rather due to local insanitary conditions, and to the use of contaminated well water, or, possibly, of milk from dairies where, insanitary condi- tions prevail. The use of boiled water and sterilized milk will reduce the danger of infection toa minimum. The prevalence of typhoid fever in the army during the past year has been very slight, owing to the careful attention given to the maintenance of a pure water supply, or, in cases where this is impracticable, to the precautions taken in the way of boiling water for drink- ing purposes when its purity is open to suspicion.” Flushing Sewers. A well-known physician of the city writes to The Star suggesting that sanl- tary conditions would be vastly improved if the Commissioners should order the fire department to flush the sewers in the neighborhood of the several engine houses. He calls attention to a fact, which, he says, is apparent to everyone who walks along the streets, namely, the offensive odors proceeding from many of the sewers, filling the vicinity with the stench. He says this 's due to the long continued drought and the absence of the natural flushing of the sewers by rain. He says the efforts made by the sewer department to fiush the sewers are entirely inadequate under the circumstances. There is no doubt, he says, that the sanitary condition of every house, especially where the plumb- ing is defective, would be improved, and a grave menace to the health of the inhab- itants removed, by the flushing thus pro- posed. From a comparison of the mortality tables of the cities of the United States for the week ending September 21 last, pre- pared by the United States marine hospital service from official reports, it is shown that in the period mentioned there were 13 deaths from typhoid fever in Washingten, in a population of 230,392, In New York there were 17 deaths in a popu- lation of 1,51 and in Philadelphia 11 deaths in a population of 1,046,954. Examining Potomac Water. Surgeon General Wyman of the marine kcspital service, at the request of Health Officer Woodward, has caused a bacterio- logical examination to be made of Potomac water and water from a number of wells, to determine whether this is the source of typhoid contamination. Dr. Woodward called at the marine hospital bureau this morning and was told that the examina- tions of Potomac water this week show that the water is in better condition than last week. Dr. Wyman recently addressed an in- quiry to the health officer at Cumberland, Md., on the headwaters of the Potomac, to ascertain if typhoid fever prevails in that city. The reply was as follows: “CUMBERLAND, Md., September 27,189, “Sir—In reply to yours of the 26th in- stant will say that there is no case of ty- phoid fever or typho-malarial m Cumber- land at this time. There have been two cases reported this summer (one death). In the twenty years I have resided and practiced here I have never seen less sick- ness. Yours very respectfully, “M, A. R. F. CARR, M. D., ‘Secretary Board of Health. Further inquiries will be made by the bureeu in cities and towns along the Po- tomac above Washington as to the preva- lence of zymotic diseases. ————>— Marriage of Princess Osra. Readers of The Star who have followed the fortunes of the Princess Osra, so charm- ingly depicted in the stories of Anthony Hope, will be interested to know that in Saturday’s Star will be published entire a story from the pen of this popular writer which describes the courtship and marriage of the princess, with an unusual array of appropriute illustrations. DR. HUTCHINSON REPLIES FINANCE AND TRADE He Answers the Oharges Made by Dr. Hammond. Economy Necessary, He Says, and Wants His Accoun: Examined d@ Audiied. As a sequel to the bill in equity filed Tues- day afternoon by the Hammond Sanitarium Company against Dr. Mahlon Hutchinson, treasurer of the company, Attorney John T. Goolrick late yesterday afternoon filed for Dr. Hutchinson a bill in equity against Dr. Wm. A. Hammond and the Hammond Sani- tarium Company, praying that a receiver be appointed by the court to take charge of the personal property and books of the company, and who shall also have the con- trol of the business of the company until the further order of the court. The com- Piainant prays also that his accounts, as treasurer of the company, with vouchers and receipts of expenditures, shall be aud- ited and examined by some one appointed by the @urt for that purpose. A Preponderance of Bullish Senti- ment Makes Values Steady. CHICAGO GAS MONOPOLIZES INTEREST Gossip Regarding the Plan of Re- organization. GENERAL MARKET REPORTS Special Dispatch to The Eveninz Star. NEW YORK, October 10.—Stock values were uniformly steady this morning under @ preponderance of bullish sentiment, but the character of the trading was unimprov- ed. London was scarcely a factor in the day’s business, interest in Saturday’s set- tlements being unabated, but as yet rid of alarming symptoms. Dr. Hutchinson states that he is the owner of $35,000 of the stock of the com- pany, and is also one of its creditors. The real estate of the company is incumbered, he explains, by four deeds of trust, aggre- gating $147,4' and he says that the company is indebted to sundry persons in and about the sum of $3,000, The salaries of its officers, the wages of its employes and the other necessary expenses of the company, are, Dr. Hutchinson claims, very heavy, end cannot be further borne by it unless better and more economical and prudent management is had in the admin- istration of the company’s affairs. Asks an Examination. Explaining that he has been for nearly a year treasurer of the company, and is now, Dr.Hutchinson states that his accounts have always been accurately and honestly kept. On the 8th instant he says he offered and requested President Hammond of the com- pary to have or cause to be made an ex- amination and inspection of his (Hutchin- sor.’s) books and accounts, and he states that he now tenders to the court or any dvly appointed officer his books and ac- ccunts for the very fullest apditing, ex- amination and inspection. Attacks Hammond. The income and profits of the company, says Dr. Hutchinson, will not and cannot liquidate and pay the interest on the se- cured debts, or its floating indebtedness and necessary expenses, and, stating that there are no funds o€ the company in his hands, he charges and claims that it is at Fresent insolvent. Dr. Hutchinson then goes on to assert that by reason of the methods employed by Dr. Hammond in the conduct and management of the Hammond sanitarium, and by reason of certain other things connected with sald Hammond, he firds it impossible for him to be further as- sociated with Hammond, either as treasurer of the company or as consulting physician with him at and in said sanitarium. But, he says, he cannot and will not resign as treastrer or as consulting physician, by which he would, he claims, virtually place the management, firagcial and otherwise, of the sanitarium and ail its business in the hands of said Hammond, which would, in his opinion, result only in further dam- age ard disaster, and by which the stock of himself and friends would be put in jeopardy, if not to total loss, and certain indebtedness of the company incurred by him (Hutehirson) would not be paid as it ought to be paid. In Danger. Dr. Hutchinson claims that the business of the company is in great danger, because of the prevailing methods, and alleged ex- The railroad list was dull and uninter- esting, unusual activity In Union Pacific being the most conspicuous feature in this department. Evidences of activity in manufacturing and commercial communities inspires con- fidence in ultimate results ard the weak holder of long stock fs perhaps the only person successful in deducting pessimistic conclusions from the present situation, The affairs of the Chicago Gas companies contirue to monopolize the attention of the street, all efforts to get an accurate statement of existing conditions having thus far fallen short of the speculative re- quirements. The fact that the strong Standard Oll interests failed to accomplish yhat a few more or less disorganized in- dividuals are now attempting is satisfac- tory evidence of the failure of pending ne- gotiations in some quarters, while in others extreme confidence in the success of the plan is as clearly marked. It is generally understood that the new plan proposes to consolidate the two dividend-earning mem- bers of the present organization under an pase oe eranueey, absorb the small- er companies under con less clearly defined. ditions cl ie attorney general, although thor- oughly familiar with the details of the new plan, professes ignorance of the entire mat- ter under consideration, and adheres to his original statement that no reorganization will be allowed during his term of office If it in any way confi .s with the anti-trust laws of the state of Illinois. American Sugar was strong throughout the early dealings under a good demand based on contirued assurances of a profit- able business-and strong evidence of a sub- stantial advance in rates to the trade. A meeting of the Heading reorganiza- tion committee in the office of a prominent danking house has given fresh inspiration to the gossips on the coal deal. Up to the close of business nothing definite relative to the matters under discussion nor the conclusions arrived at could be attained. The most significant feature of the meet- ing is perhaps the evidence furnished as to the willingness and purpose of the com- mittee to proceed aggressively with the work of reorganization. The trading of the last hour was dull and irregular, every attempt at realizing resulting in fractional concessions from the last previous sale. ——.__ FINANCIAL AND COMMERCIAL, The following are the opening, the high- est and the lowest and the closing prices of the New York stock market today, as re- ported by Corson & Macartney, members New York stock exchange. Correspondents Messrs. Mcore & Schley, No. 80 Broadway. American suzar. 2109” 109: travagant management of the concern, and | American Sugar, 101% 101; he aszerts that its income can be preserved | American Tobacco. ie Sis, only by placing the business in the hands of an officer of the court, who shall be empowered to vacate all existing contracts, by cutting down current expenses and by a full and complete reorganization of the company in all its details, which can be dore, he believes, only by said officer of the court taking full control. By reason of his relations with Dr. Hammond, and because of his having been on a vacation for the last ten days, Dr. Hutchinson states that Dr. Hammond has had full manaxe- ment of the company, and he (Hutchinson) has received no information as to its re- ceipts or disbursements, or as to anything connected with the company. He believes that in the interest of all the creditors and stockholders the court should at once interpose as requested. He asserts also that when a sale is made of the real estate or persoralty, it should be made under the direction of the court and the sev- eral trustees. An invent and appraise- ment of all of the personal estate should, he suggests, be had at once, an auditing and ascertainment of the company’s indebted- ress, and proceedings had by which the personal property shall be preserved and the floating and unsecured indebtedness of the company paid off and liquidated. Therefore, Dr. Hutchinson prays as above stated. ze es er ei WILL DISCUSS PADGETT. American Cotton 0} Atehison Canada Southern. Canada Pacific. Columbia Union Will Hold an Inter- esting Meeting Saturday Night. President Tracy of Columbia Typograph- ical Union returned last night from Balti- more, where he went to see the absentee secretary of the organization, Frank H. Padgett. He says he found Padgett in good hands, his wife with him, and his con- dition possibly improved. The man ts still out of his heed, and there was little satts- faction in trying to talk business matters with him. One thing s sure, Padgett will come back to Washington and face all the music there is in store for him, and his friends doubt whether it will be found that he took a Southern Railway, Pf. Phila. ‘Traction. ——~-—__ Washington Stock Exchange. Sales—regular call—12 o'clock m.—Columbia Ratl- road Gs, $1,000 at 110%. Washington Gas, 25 at 4 49. American Graphophone, 50 at 3. cent of the union’s money. The worst, |" Government Bonds.—U. 8. 43, reg., 111% bid, they say, that will Lo found will be a tan- | 113% asked. U. $45, coup., 111% bid. 11234 asked: gle of accounts, because of his negligence. | U.S. 4s, 1925, 123 bid. U.'S. 5a, 115% bid. District of ‘Columbia Bonds.—20-rear Fund. 04 bid. 30-year Fund. gold @s, 112% Stock currency 7s, 1901, 116 vid. Water Stock cur rency 7s, 1903. 118 bid. Fund. ‘currei bid, 114% asked. Reg. 2-10s, Bids, Miscellaneous Bonds.—Washingota and Geor Railroad conv. Gs, Ist, 168 bid, 130 asked. Wash- ington and Georgetown Rullroad conv. 63, 2d, 169 Great faith is shown in Padgett’s integ- rity. Even his worst critics say they think he got none of the funds, but some one borrowed of him. It is the general opinion that there will be no prosecution of Padgett. There is to be a meeting of the union Saturday night to discuss the situation, | bid, 180 asked. Metropolitan Railroad conv. and a lively three or four hours of speech | hg. Med aimed be eet pat tan, Railroad Bs, s - Sein making are expected. ton Raflroad 6s, 100 bid, 103 asked. Columbia Ral As no report has been made of the condition of Padgett’s | road ts, 110% bid, 111 asked. ‘Washington Gas accounts, and none can be made very | Company, ser. A, 6s, 113 bid. Washington Gas likely, the meeting will have few facts to | Company, ser. B, @s, 114 bid. Washington Gas Company’ cony. 68, 125 bid. United States Electric Light conv. 5s, 1: Telephone 5s, American Security ‘Trust 5s, F. ‘and A., 101 bid. American Security and Trust 5s, A. and Q., 101 bid. Washingtom Market Company ist 63, 111 bid. Washington Mar- ket Company imp. 6s, 111 bid. Washington Market Company exten. 6s, 110 bid. Washington Light In- fantry Ist 6s, 100 bid. National Bank Stocks.—Bank of Washington, 238 Did, 300 asked. Bank of Republic, 240 bid. .Metro- litan, 285 bid, 310 asked. Central, 270 bid. ‘armers and Mechanics’, 175 bid. Second, 137 bid. Citizens’, 130 bid. Columbia, 130 bid, 140 asked. Capital, ‘115 bid. "West End,'105 bid, 106% asked. raders', 104 bid, 105% asked. Lincoln, 95 bid, 101% asked. Ohio, 82 bid. Safe Deposit and Trust Compantes—National Safe Deposit and Trust, 125 bid, 140 nsked. Washingt Loan and Trost, 121 bid. American Security at Trust, 140 bid," 142 asked. Washington § 5 asked. go on. It has been found that Padzett’s bond for $2,000 expired four months ago, and if there is any loss the union will have to stand it. —— Broken Arm. William Bush, a bicycle rider ving at 1108 15th street, was knocked down by a carriage at 15th and I streets last evening. His arm was.broken in three places. He was sont to his home, where he was at- tended by Dr. Morgan. The driver of the carriage was nut apprehended. Grain and Cotton Markets. Cotton and grain markets» reported by W. Hibbs, stock, graia and cotton broker, 1421 F st. | posit,’ 65 bid, 5 GRA! Railroad Stocks.—Washington and Georgetown, Opes 250 bid, 270 asked. Metropolitan, 97 bid. Colum: 60% bia, 45 bid. Belt, 30 asked. Eckington, 15 bid, 38 6445 asked. Georgetown and Tenlestown, 30 asked. 27% | 27 Gas and Electric Light Stocks.—Washington Gas, 2876-9 29. 28% 48% bid, 49% asked. Georgetown Gas, 50 bid. 17% 17% | 17% United States Electric Light, 137 bid, 140 as ked. 20g 20% 204 Insurance Stocks.—Firemen's, 35, bid. 45-50 9.49-30 9.3% 40 bid. Metropolitan, 70 bid. Corcoran, 55 bid. 2.65 9. Potomac, 68 bid. Arlington, 140 bid. 5.75. American, 160 bid, 200 asked. National Union, 1@ 5.90 5.90 | bid, 15 asked. Columbia, 13 bid, 16 asked. 4.77 477 | 7%’ bid, 8 asked. People’s, 5% bid, 6% Lincoln, *7% bid, 8 asked. Low. Close. ‘Title Insurance Stocks.—Real Estate Title, 107 8.72 884 | nid, 117 asked. Columbia Title, 7 bid, 8 asked. 878 8.89 | District Title, 14 asked. 85 Bue ‘Telephone Stocks.—Chesapeake and Potomac, 68 897 9.07 | pia, oo asked. American Graphophone, 3 asked, Pneumatic Gun Carriage, .30 bid, .35 asked. ‘Miscellaneous Stocks.—Washington Market, 14 Did Great Falls Ice, 130 bid, 140 asked. Lincoln Hall, Baltimore Markets, RALTIMORE. Md.. October 10.—Flonr dull, chengel-receiptn, 9.008 barrels: ahipmenta: {35 60 Did. Merganthaler Linotype, 200 bid, 230 asked. baste: +25 Ud Wheat quet—spor, and | “Ex. div. = ee Minister Castle's Successor. Minister Castle expects to give place to Mr. Frank Hatch as the Hawalian repre- | sentative In Washington about December 1. When Minister Thurston retired the Hawaiian government determined upon the month, receipts, 14, stock, 511.; heis; sales, 10,000 n wheat by sample, 65266; do. on 6265. Corn easy—spot, month, 36%; November, tS, 8,571 bn Sales, 43,000 bushels—southern white corn, “37a88; ‘38a39. Oats flrui— No, 2 mixed, Zia241g—re- shipme ws ceipts, 22,54: ue ‘stock, 98,433 bushels. Bye appointment of Mr. Hatch, epi of 2, 44045 near! western—receipts, | ¢¢; But as he wished t 9 bushels; stoc bushels. Hay steady, | fcrelen affairs. Bac main during the session of the Hawaiian good demand Yor choice Stock—choice timothy, $134 $15.50. Grain freights Inactive. legislature Mr. Castle consented to come per bushel, 2d.a2%d. October. urtil December, with the understandi qua ar Bs. peeeee ieee : Srey} . | that he would be relieved then to atten pat te, Aa Sunes Creamery ae imitation, | to his private business interests In Hawail 16a18; do. ladle, 14; good lndle,12a13; store packed, Joai2’ ‘Begs firm—tresh, i7al8; cold storage, 16. | The legislature has now adjourned, so thal Cheese firm, unchanged. the change will probably be carried out.