Evening Star Newspaper, November 15, 1895, Page 2

—————————————————————— THE EVENING STAR, FRIDAY, NOVEMBER 15, 1895-SIXTEEN PAGES. LATE NEWS BY WIRE|THE EMPIRE STATE) THE NEW BISHOPRIC A Chicago Detective Shoots the Wrong Man. WAS ON THE LOOKOUT FOR BURGLARS Met the White Brothers, One of Whom is a Noted Thief. COMMENT ON THE AFFAIR > CHICAGO, November 15—Frank White, @ brother of Clarence White, a noted burglar and thief, was shet and instantly killed last night by Edward Dix, an officer of a private detective agercy. The officer was looking for Clarence White when he met Frank riding in a buggy. Stories dif- fer as to how the shooting began, but Dix claims that White fired upon him first and that he returned the fire. This is denied by the friends of White, who claim that Dix wantonly killed an innocent man. Dix ‘was arrested by the police. Dix was interviewed at the central police station this morning, but said that under orders from his superintendent, Charles McDonald, and the attorney for the agency he must decline to say more than that he thought the man shot was Clarence White, @ man who had been sought for months under a charge of burglarizing the resi- dence of Norman B. Ream, the well-known board of trade man. Dix admitted that he might have been mistaken. ‘The officials of the detective agency de- cline positively to talk. The police depart- ment has detailed several detectives to thoroughly investigate the case. ‘The agency has for several months past had charge of what are known here as the “porch-climbing” cases. The residences of several wealthy residents of the south side have been burglarized by a gang, which, it is alleged, was headed by Clarence White, @ brother of the murdered man and well known to the police. He was arrested several months ago by another agency, but Managed to secure release on a writ of habeas corpus. ‘The city police arrested him, secured his indictment, and he was discharged for lack of evidence. A private detective agency captured his partner, “Butch? Smith, and convicted him, sending him to Joliet for eighteen months. Other members of the gang were also arrested and sent to the penitentiary. Since that time the agency employing Dix has had charge of the case, and has been constantly looking for bim. ‘The agency has had a man watching the residence of Mrs. White, mother of Frank and Clarence White, and last evening re- ceived word that Ciarence had come to the house, apparently to pay a visit. Five de- tectives were at once sent over, and by the time they arrived the spy announced that two men had driven away from the house in_a bugzy. The detectives followed the route named, and met the buggy at the corner of Polk and Laflin streets. Dix, who claims to be intimately acquaint- ed with Clarence White, says he recognized him as one of the men in the buggy; jumped to the bridle of the horse, and called on White to surrender. The agency people as- sert that one of the men in the buggy im- mediately drew a revolver and fired a shot. Dix returned ft, and bis companion also be- gan shooting. Dix dropped the bridle and the buggy was driven rapidly away. Some time later a man residing on Hoyne avenue drove to the West 13th street station ir. a buggy containing the corpse of the man later identified as Frank White. There were several bullet holes in the box of the buggy, and in the bottom were found five bullets of large caliber. The man who drove the buggy to the station said he saw the horse running west in Polk street, and, thinking it was a runaway, stopped it and climbed into the buggy. He then found the corpse. Clarence had evidently left the carriage as soon as he succeeded in driving away from the private detectiv: The body was taken to a morgue, where it Was soon identified by the mother as that of her son Frank, who Is said to be a good citizen and an employe of a large com- mercial house in this city. Mrs. White declined for the present to talk on the subject of the alleged visit of Clarence to the house, as to whether he had departed with Frank in the buggy. No trace of Clarence has yet been found. ‘The shooting has caused a great deal of discussion among attorneys and citizens generally as to the assumption by private agencies of authority to arrest men with- out warrants. The case promises to become a celebrated one in this line, as it is asserted that in no state but Illinois are private detectives al- lowed such latitude. —_———__ LONG TRIP WITHOUT HORSES. A Wagon Starts From New York for Chiengo. NEW YORK, November 15.—A horseless Wagon was started from 6th avenue end 14th street at 12:17 p.m., on a drive to Chi- cago. This is said to be the longest trip ever undertaken by a road vehicle pro- pelled by a motor. The wagon won the second prize in the Paris-Bordeaux contest last spring. It was Tun by a naphtha motor. Tonight it is ex- pected the carriage will reach Poughkeep- sie, and the riders expect to arrive in Al- bany some time tomorrow. ‘The carriage is expected to arrive in Chicago in time to take part in the wagon-motor-cycle contest in that city on Thanksgiving day. —__—_ GOLD WITHDRAWALS. The Reserve at Its Lowest Figure Since Last March. Gold to the amount of $2,500,000 was with- Grawn from the New York subtreasury to- day for shipment abroad by tomorrow's European steamers. This withdrawal re- duces the gold balance of the government to $89,241,517, which Is the lowest figure it has reached since March last, when it was $89,724,015. It was, however, but $41,310,181 when the last government loan was nego- tlated, in February last. Assistant Secre- tary Curtis Is In New York, and it is said his business there relates to the gold ex- perts. Treasury officials, while reticent on the subject, say they do not anticipate any serious raid on the government's gold re- source; ——_—_-e+_____ UNDER EDMUNDS LAW. Beveral Couples Were Sentenced To- day. The following, all colored, recently con- victed for violation of the Edmunds act, Were this afternoon sentenced by Judge Cole to imprisonment for one year and one fiay in the Albany penitentiary: James E. Johnson, alias Charles Johnson; Delia Cook, alias Cordelia Cock; Frank Mackall, Chas. Turner, Samuel Slaughter and Frances Clark. Some of those mentioned have been in Jail awaiting sentence for seyerat months, Bnd it is understood that applications for: e pardons of all will be made to the Pres- facet and that the district attorney will pprave the applications. With that end in view, Judge Cole is to instruct Warden onard not to remove the prisoners to Ibany until the President acts in the mat- er. The trials of those mentioned were con- dered in the nature of test cases to try rs alidity of the Edmunds law, and erefore it is the sentiment of the district Attorney and also, it Is understood, of the Bourt that the prisoners be set at liberty. —— Wills Filed. ill of the late Granville Mason, dated 1885, and filed today, makes the children of the deceased, names not given, iclaries. Xxemplified copy of the will of the late ary of Brockton, Mass., dated 1893, was filed here today, the 1 having owned real estate in the The personalty is given absolutely to the widow, Louisa MeVary, and the real es- tate to her for life, with remainder over to testator’s children, Petar S. and Mary MeVary. Patrick Gilmore of Brockton, lass., and N. J. Colbert of this city are bamed as executors. Gen. Batcheller Says She Will Go for Morton. The Combination Will Be for Prin- ciples Not Men—And Platt to Be in Line. Gen. Geo. S. Batcheller, ex-United States minister to Portugal and for some time lo- cated in France with semi-official powers under the Harrison administration, is in Washington. Gen. Batcheller is now arrang- ing to take a residence here for the coming winter, and, in the meantime, is stopping at the Arlington, accompanied by his wife and daughter. ~ Gen. Batcheller has for many years been prominently identified with the political life of New York state, and is regarded as a republican who is not only high in the councils of the party within the state, but also one of the prominent factors in influene- ing opinion for the choice of a national lead- er of his party. When seen vy a Star report- er today he expressed himself upon political matters with especial reference to the nom- ination for the presidency to be made by the national republican convention. New York for Morton. _ “The New York delegations will be for Gov. Morton,” said Gen. Batcheller. “and Mr. Morton will have a very considerable strength extending over the whol2 country. Mr. Morton is regarded as a man of ability, of conservative tendencies, and the great mass of the busiuess people of the country would be satisiied that he would be a safe President. He woul represent a sound cur- rency, and in every way would ill the high office for ich he will be named with credit and hono: “How about his age being an obstacle to his nomination?" the reporter inquired. “Surely that could have no influence on his candidacy. Mr. Morton is no clder than was Mr. Tilden when he ran for the presidency and he is not nearly so feeble. A man should retain his vigor and mental powers until he is eighty. There is Glad- stone, now eighty-four years old. If he could in England fill a post involving du- tles much similar to those of a President, why could not Mr. Morton, wh> is now only seventy-one or seventy-two years of age? Why should not a man retain his vigor in the United States as long as in England? Mr. Morton is a man of extra- ordinary powers. I saw him in Paris a year from last winter, when he was on what was feared would be his deathbed. His trouble was not with any organic dis- ease, but he suffered from some trouble with his foot, which required surgical op+ erations that would have killed many a man of half his years. Yet three months from the time he was lying almost at the point of death he was again about in the best of health. Mr. Morton has always taken good care of himself and the result is that he has vitality and vigor to a re- markable degree.” Other Possibilities. “Would Mr. Platt support him?” “There is not the least doubt that Mr. Platt would support Mr. Morton for the nomination as long as there appeared any chance of his success. “But New York is in favor of republl- canism as a principle rather than in favor of any man. In the next campaign it wiil be principles and not men that will be voted for. Should it not be possible to nominate Mr. Morton then I think that Mr. Reed would be highly satisfactory to all the people of New York state. If the west should insist upon a western man and should the nomination go there then the state, I think, would be divided between Gen. Harrison and Mr. Allison. While Gen. Harrison is not popular with the politicians, he has a wonderful hold on the business element of the state and country. The people are the ones after all who will elect a President, and it is among them that I have found that Gen. Harrison bas great popularity. He is leoked upon as safe and the people feel that they know him.” Not a Doubtful State. “Is there any danger of New York state becoming doubtful before the national elec- tion?” Gen. Batcheller was asked. “Not the least. The state went republi- can by about 100,000, and I think that it will give something above that figure next year as the republican majority. The dem- ocrats may possibly secure a slight increase in their votes in New York city, but any increase they will secure from that source will be more than overcome by the republi- can gains throughout the state. It was my pleasure during the last campaign to ad- dress a great many audiences throughout the smaller cities and rural districts rather than in New York city, and I was struck with the intense earnestness that was evi- dented everywhere I went in favor of the republicans. We are not surprised at earn- estness when it is found among politicians who expect to receive some personal ad- vantage from victory by being given an office, but it is significant when it comes from men who never expect to reap any advantage by victory, except what may re- sult to them as citizens from living under a good government. “There is a widespread feeling that the democratic party has been a failure, and that the country will be better under re- publican rule. Whatever the results may be, the people are determined to give the republicans a chance, for they remember that they enjoyed better times when they were in power.” Feeling in Spain as to Cuba. Gen. Batcheller, while minister to Portu- gal and during his extended residence abroad, since he was a member of the dip- lomatic corps, had exceptional opportunities for judging of the public sentiment in Spain in regard to Cuba. During the past six months he has made several visits to Madrid, and heard the subject of Cuba dis- cussed in o! al and social circles. When asked if he thought Spain was getting ready to relax its vigor in waging war for ascendancy in Cuba, he replied: pain will never give up Cuba, unless through defeat in battle. There are repub- Means in Spain, but they do not entertain the thought of allowing Cuba to go free. There is a small party in Spain in favor of granting Cuba home rule, but it is a very insignificant party. No, Spain remembers the day when it had vast possessions on the American continent, and now Cuba is all that is left. Cuba fs regarded with pride, and it is not only the revenue to be de- rived from the island that causes Spain to hold on to it at all hazards. She will spend her last dollar to maintain her control of the island.” +e + —_____ Indians Coming to Washington. Several hundred Indians at White Earth council have selected delegates to go to Washington for the purpose of asking Con- gress to amend the act of 1889. They will endeavor to secure amendments looking to the early disposal of all pine and agricul- tural lands on all reservations in Minnesota. 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 a like service. Advertising space is not given to one house in order that it may act as a decoy duck for others. No “discount” for one, “special discount” for an- other and “extra cial discount” for still another. Like price for like service is the only fair way. Gossip About the Coming Episcopal Convention. SOME FUZZLING QUESTIONS ARISING The Two.-Thirds Rule of the Mary- land Diocese. MEN WHO ARE TALKED OF a With the convention of the new diocese of Washington less than three weeks off now, there Is naturally a great and rapidly mereasing interest among Episcopalians, sy and laity alike, in the matters that will come up for action before that im- portant and influential body. The cenven- tion, as has heretofore been stated in The Star, will meet at St. Andrew's Church De- cember 4, at 10 a.m. Just how long it will lest is of course a matter for conjecture, and will depend largely upon the length of time that may be taken up in an effort to elect a bishop for the new diocese. It is even uncertain whether the effort to choose a spiritual head for the diocese at this primary convention will be successful at all, for the new diocese of Washington will of course come into being under the con- stitution of Maryland, and the history of the mother diocese has shown by the twe- thirds vote called for by that cons‘itution that a long and spirited contest is the rule rether than the exception. Bishop Paret was chosen only after a contest that lasted through three dlocesa. cenventions. At the first, which was held ir. the month of May, it was impossible to make a choice, and the adjourned meeting held the following October was also unsuc- cessful, so that it was not until the next diocesan convention ,held the next May,that Dr. Paret received a two-thirds vote of the clergy, which was ratified on the first bal- lot by a similar vote of the lay delegates. Problems to Be Solved. At the coming convention there are a number of very important problems which will have to be solved before the work of the new diocese can be fairly inaugurated. Several rather delicate points of church government and canonical law are certain to present themselves, and what with these and the election of a standing committee, it is the general expectation that the election of a bishop will not be reached at least until the morning of the second day, es- pecially as Wednesday morning will be taken up with a communion service. The convention will consist of about 120 delegates divided equally between clerical and lay members. At a recent meeting of clergy of the District a committee was ap- Pointed to look after the comfort and en- tertainmenc of the out-of-town delegates. At diocesan conventions generally it is the rule to entertain only the clergy, but it has been decided this time to extend the hospi- talities to laymen as well. This will not be a serious tax upon so large and wealthy a class of people as the Episcopalians, for probably less than one-half of the mem- bers will be from outside of the District of Columbia. This plan, it is thought, will have a good effect in keeping the lay dele- sates in the city until the very close of the convention. Frequently at the closing ses- sions of a convention the visiting mem- laymen especially, have left for their and this is exactly what it is hoped id at a time when there will be so many issues of importance up for consid- eration. Studying Precedents. It is surprising how many men there are in town, right now, clergy and others, who are making a thorough study of the mat- ters which will come before the conven- tion. They are rubbing up their knowledge ef the laws and canons of the church, and the minutes of conventions in other dioceses in years gone by are greatly in demand these days, as giving assistance in the way of precedents. Two questions that are be ing ‘discussed at great length among the churchmen of the city have to deai direct- ly with the course of procedure in the elec- tion of a bishop. According to the con- stitution of the diocese of Maryland a two- thirds vote Is necessary to a cho’ce, and the laymen do not vote until the clergy by that yote have selected the name of some can- didate to present to them for their ap- proval. The dioceses of Maryland and Dela- ware are said to be the only ones where a two-thirds vote is required, all the others being satisfied with a majority. A Star re- porter has discussed the situation with a number of the delegates to the forthcum- ing convention, and it is evident that there is a strong sentiment in favor of altering the constitution in these two respects, that is, to provide for a majority vote and for a concurrent vote of the clergy and laity. ‘The constitution, however, can only be changed according to rules laid down in the constitution itself, and according te one of its articles, an amendment cannot be adopt- ed at the convention at which it is for the first time proposed. If either amendment were offered at the meeting next monih, it would, of necessity, postpone the election of a bishop until the next convention there- after, when it could be acted upon. While there is undoubtedly a strong faction in fa- vor of both these changes in the rules gov- erning the diocese, there is a more general feeling that the most important thiag now is to elect a bishop, allowing any proposed amendments to go over into the future, A Layman's View. A prominent layman, who has recently been elected to represent his church at the convention, In discussing the situation with a Star reporter this morning, said: “There are a good many of us who are in favor of both these changes, and I know they have both been talked about a good deal lately. Still, there are many who think, as I do, that it would be a grievous mistake to delay any longer than necessary the choice of a bishop. Another vital ob- jection to the proposition is that if a change from the two-thirds vote were made at this time it would look very much as though it were done In the interest of some one candidate. “It looks now as though it would be a pretty difficult matter to get such a large majority for any one of the candidates whose names have been sugeested. There is one advantage In requiring such a majority, however, and that is that when a man is elected he goes into office strong in the as- surance that he has the support and backing of at least two-thirds of the parishes in his charge. Furthermore, the rule is pretty certain to result in the choice of a good man for the place, even though he may be a com- promise man. It is possible to point to other dicceses where the majority rule works first rate, but, on the other hand, one can point to Maryland, where the bishops have always been men of the very highest char- acter and eminently fitted for the place. Either rule does first rate, and it is only a question of delaying the election of a bishop for our new diocese. My own opinion is that the matter will be left in abeyance for the present, although I think that at some future time the changes will he made. “There is some objection to the present system of voting—the clergy first and the laity afterward—but it seems to me that on the whole it works pretty well. The clergy are naturally more interested personally in the election of the bishop than are the laity, and I am not sure that they are not in a better position to know who is the best man for the post. The laity act as a check in the election, and while they have but little voice in saying who shall be bishop, they have a very strong voice in saying who shall not be. It is a safe and conservative method, even if it Is slow. “Tae two-thirds rule also has one advan- tage in that it preserves the rights of the minority in a very satisfactory manner. The mincrity may not be able to say who shall be the man for the place, but they ara very much stronger in opposing a man who is objectionable to them than they ever would be with a simple majority vote “I have heard a good deal of talk about who will be nominated at the convention, and incidentally I have heard the names of other bishops mentioned as possible candi- dates—men like Bishop Du tucky and Bishop Leonard of Ohio, forr ly rector of St. John's Church of this cidy, for example, on the theory that they would rather preside over the diocese of Washing- ton than any other in this country. This talk {s all wasting words, it seems to me, for my understanding of the laws of the church is that a bishop of one diocese can- not be elected to another diocese. This rule does not apply to missionary bishops. My own opinion—you can take it for what it.is worth—is that an outsider will be elected, in other words, a dark horse. We have several men in this city any one of whom would make a first-rate bishop, but each one of them will go into the conven- tion with such a strong and influential backing that while it will not be sufficient to assure his election, it will make an elec- tion well nigh ii ite for any of the others.”” wc To B Now that -the hand, interest nau names which will ly be put in nomi- nation. Of the log 1 -there are three who, will go into vention certain of being nominated ft , thig high honor. ‘These are Dr. Mackay-Smjth, géctor of St. John's; Dr. R. H. McKim, zee! of the Church of the Epiphany, and“Dr, hn H. Elilott, rec- tor of the Church of the Ascension. For a number of ygats prior to the di- vision of the diocese Dr. Elliott filled the important position of chairman of the standing committee of the diocese of Mary- land. In case he is not elected bishop of the new diucese he will, it is pelieved, be chosen as the head of its most important committee. Dr. McKim and Dr. Mackay- Smith will each have many friends in the convention, and the fact that they are both men of means is in their favor, for, while the new bishop will be expected to take something of a social position and enter- tain to a certain degree, the emoluments of the new office are not likely to be very large at first. Within the past few days other names have been mentioned in connection with the episcopate. Among them is the name of Rev. Dr.Morgan Dix,the rector of Trinity Church, New York, and the general opinion is that if he were selected and were willing to accept the position he would at once take rank among the ablest men who have ever filled such a position in this country. It is said that he would be acceptable to both high churehmen and low churchmen, al- though the difference between the two schools is not expected to cut much of a figure in the convertion. If anything it would be more of a question between “churchmen” and “broad churchmen.” Dr. Dix is generally regarded as the foremost Episcopal minister in this coun- try. At the last three general conventions of the church he has been chosen to pre- side over the house of delegates, which is made up of the clergy and the lay repre- sentatives, a position that compares in importance ‘and honor with that of the faker of the House of Representatives. ch time he was elected unanimously and is said to have given the utmost satisfac- tion to every one as presiding officer. He is the rector of the richest, if not the most influential, parish in this country, and it is a question whether he would care to give up his present post for that of head of the new diocese, even though the latter 1s expected to be the most desirable bishopric in the country. He is known to get a very large salary in New York, with a handsome rectory and other pleas- ant attachments. From a worldly point of view he would be taking a step backwards, but from the spiritual point of view a man may not aspire to a higher position or one of greater dignity than that of being a bishop. There are several reetors now located out- side of Washington, but who were once here, who have friends among the delegates to the convention, and whose candidacy will be warmly advocated when the strug- ge has fairly begun. SS = OCEAN CABLE RATES. jominated. vention is so near at jy attaches to the Rapid Cheapening of Messages Since the First Cable Was Laid. From the New York Sun! Oceanic cable rates have been greatly re- duced since the transatlantic cable first be- came a success, but cabling is still in large part a business necessity or a luxury of grief. Cable rates to London in 1866 were $100 for twenty words: They were reduced in the same year to $50 for twenty words. Next year they became $26.25; in 1868, $16.41; in 1870, $15;-{m 1871, $10. Then, in came the word rate of $1. It rose to ) in 1873, and has since been at various times, according to the conditions of com- petition, $1, 50 cents, 75 cents, and, for a while in 1886, 12 cents. The present rate of 25 cents was fixed in September, 1888. Cable rates to places on the west coast of Africa run as high as $2.66 per word. The rate to the island of Mauritius, when the Red sea cable is interrupted, and m cannot be delivered by way of Aden, $4.14. The rate to New Caledonia is $2.51, and other Australasian rates vary between $l $8.23, according to the route em- cable company usually quotes rates to Surepean countries without naming places, unless, perhaps, the capital. Of course, rates may be much higher than the quoted tariff when obscure interior places are to be reached. The telegraph compa- nies join in publishing at Berne a volume that professes to give a list of all the tele- graphic stations on earth, The number is between 87,000 and 90,000. The officers of the telegraphic companies Hazard the guess that the cable would not be freely used for social purposes, even if the rate to London were as low as 10 cents a word. One reason is that while it is a simple matter to telegraph from New York to a well- known address in London, it fs a more diffi- cult thing to be sure of addresses in pro- vincial towns, and especially in continen- tal places, where a foreign language comes in_to increase the liability of confusion. The expense of correcting a mistake when telegraphing upon land lines within the territory of a single country is compar- atively small, and may be done with reas- onable prompiness, but when it comes to correcting a blunder in a trifling cable message of purely local significance, the cost is absurdly out of proportion to the importance of the matter involved. — TIME AS A MELLOWER. Opponents in Battle and Their Chang- ing Points ot View. From the Chicago Times-Herald. Time is a wonderful, mellower. Hearts of flint have been softened by the rolling of years since 1865. I meet every day a pro- fessional gentleman who served four years in the war, who had a brother killed at Port Hudson. He heard of the death while on the way to Gettysburg. In that battle he fought like a tiger, greatly surpassing himself, though he had not flinched in any of the hard fights he had gone through. When asked why he had exhibited such savagery his reply was: “They killed my brother.” There was much bitterness in his heart for ten years after the war, but time has mellowed him. I heard this savage at Gettysburg thirty- two years ago say, in talking about the re- turn of good feeling between the north and south, that were-he at the grave of his brother on the field of Port Hudson, ready to scatter blossoms over the precious dust, and scmeone were to point out the resting place of the artilleryman who pulled the lanyard that sent the cannon ball through his broth- er’s body he would divide the blossoms be- tween the two sleepers. What could have induced him to do that at any time within ten years of the close of the war? Nothing. “Both were brave men; both fought for what they thought was right; both faced death and received it for thé’ faith that was in them. Both were! American soldiers,” said the Gettysburg sayage..s —4~se02—___ Wedded b¥ Wire. From the Electrical Review, According to a press dispatch from Osh- kosh, Wis., a novel wed@ing will soon take place at the Northwestern depot in Osh- kosh and St. Cloud. The bride will be Miss Lydie Kluth of Oshkosh, and the bride- groom Duncan Edwards, agent of the road at St. Cloud. They will be married by tele- graph. The usual questions will be asked the gentleman over the wire, and his an- swer, made before witnesses, will be re- turned. The bride will, ‘of course, reply to the minister In person. She will then take a wedding tour to her husband's home by herself. The reason for such an unusual proceeding is the absence of any Protestant minister at St. Cloud, and the bridegroom cannot come to Oshkosh. —+0+— Adam and Mos. From Tid-Bits. Old Gentleman (putting a few questions) —“Now, boys—ah—can you tell me what commandment Adam broke when he took the forbidden fruit?”” Small Scholar (like a shot)—“Please, sir, th’ warn’t no commandments, then, sir!” ————cee______ He Wanted Results. From Harper's Bazar. Mother—“When the boy in the other house threw stones at you, why didn’t you come and tell me?” Bobby—“Because, mamma, I can throw them back better than you. He's more like- ly to get hit.” — SSS eee THE. FIRST SECTION | THE COMPANY RESPONSIBLE! FINANCE AND TRADE Owners Filing Answers in Street Extension Cases, WANT AN EARLY DECISION There Will Be an Attack on the Law’s Constitutionality. THE FORMAL DOCUMENTS Pursuant to the crder of Judge Cox, made the 2d of last morth, those owners of lands Proposed to be condemned and taken under section one of the approved plan of ex- tension of streets were required to show cause on or before today why the condem- ration proc22dings should not be commenc- ed. Many of the owners today formally entered their appearance in the case, others having previously done so, and in some instances the parties interzsted filed their answers. Under the order of the court the owners have all cf tcday in which to re- spond, and it was gereraily believed this morning that no proceedings would take place in court for a day or two, and pos- sibly not until. after Congress meets next month. Under the act of Congress providing for the condemnation proceedings, the court is directed, upon the petition of the District Commissioners, to appoint seven commis- sioners to appraise and report to the court the respective values of the lands proposed to be taken, provided the persons interested were given thirty days’ notice. Notic under Judge Cox's order, was given by pub- lication of the order to show cause in The Star, Post and Washington Law Reporter twice a week for three weeks. It was, until today, generally supposed and be- lieved, indeed, that such a notice was all that was required by the act, but a Star reporter learned this morning that the at- torney for the District will contend that notice by personal service is required. That Js, the District’s legal representa- tive will contend that in those cases, at least, where the parties interested (the land owners) shall have failed to enter their appearance in court not later than today notice of the proposed condemna- tion proceedings will have to be given by personally serving such parties with notice. Opposition Expected. A number of the parties interested, par- ticularly those who had formally entered their appearance or filed their answers, re- marked, when they learned cf this position of the District's attorney, that it was sim- ply a ruse on the part of the District Com- missioners to delay the proceedings until they could secure the passage of an act curing certain alleged defects in the street extension act. Any delay in the proceed- ings, however slight, will almost certainly be resisted by the owners of the lands pro- posed to be taken; and hence, when the at- torney for the District comes to court, probably tomorrow or Monday morning, and asks that those owners who failed to answer or put in an appearance be served personally, the motion will, it is believed, be stoutly opposed. Their Claim. The territory embraced within the limits of section one of the proposed plan of street extension, the one now before the court, runs from North Capitol street on the east to Rock Creek on the west, and from Flor- ida avenue on the south to the District line on the north. No less than forty-seven tracts are named in the petition of the Dis- trict Commissioners, and it is said that more than a hundred owners of the Jand in those tracts are made parties in the proceed- ings. The great majority, practically all, it is said, of the interested parties are willing that their lands shall be taken. But they ins however, that some provision shall be made for the immediate settlement of the case. That is, the owners, contending that the proceedings already instituted amount to a cloud on their title to their lands, pre- venting them from in any way disposing of the lands, as well as from obtaining loans on them, will not oppose the taking of their property if provision be made for payment for the lands taken in a reasonably short time. Personal service, such as is contemplated by the District in those instances where owners fail to answer or appear today, will necessitate, it is claimed, a delay of all condemnation proceedings for twenty days at least, inclusive of Sundays and legal hol- idays. That would delay the condemnation proceedings until the llth of next month at least, it is claimed, and it is believed that if the proceedings should be that much longer delayed Congress would not receive thé report of the appraisers in time to ap- propriate the sum required to reimburse the owners for the lands taken before its adjournment next summer. Hence, it is claimed, the lands in controversy would be tied up for about two years, and that would be a hardship which the owners think should be avoided. Law’s Constitutionality. While it Is understood that no real oppo- sition will be made by the parties interested to the condemnation and taking of their lands, provided an early and reasonable settlement be made therefor by Congress, yet the constitutionality of the street ex- tension act will be questioned by some cwn- ers, at least. Those owners who will so proceed are represented by Attorneys Chapin Brown and Arthur H. O’Cornor, and on behalf of such parties they today filed answers. These answers are practic- ally the same in each instance, and read as follow: “Now comes —,, one of the persons inter- ested in the proceedings in the above enti- tied cause, and by Chapin Brown and Arthur H. O'Connor, his attorneys, appears pursu- ant to the rule of the court issued herein on the 2d day of October, 1895, and says: That he is the owner of certain land involved in these proceedings, the same being lot —, in licck —, in said subdivision, and for cause why the prayer of the petition filed herein should not be granted, and why the court should not proceed as directed by the act of Cengress in said rule mentioned, respect- fully shows: “(1.) That said act of Congress in said rule mentioned is in violation of article five ©) of the amendments of the Constitution of the United States and is void; in that the said act makes no provision for the payment of just compensation to the owners for the taking for public use of the private property involved in these proceedings. “(2.) That the things to be done under sald act of Congress are, and the purpose of the game Is, for the benefit of the general public in the District of Columbia, and the pro- vision in said act requiring one-half of the expense and cost thereof to be assessed upon property to be found by the jury in sald act provided for, to be benefited there- by, is in violation of article five () of the amendments of the Constitution of the Unit- ed States and is void. “3.) That all of the provisions of said act of Congress are vague and uncertain, and incapable of enforecement at law and there- fore void.” One or the Other. Athough such objections are urged against the legality of the proposed con- demnation proceedings, it is generally agreed that all opposition will cease the moment it becomes apparent that Congress will promptly make the necessary appro- priation. It is estimated that the lands proposed to be taken comprise between five and six million square feet, and it is be- lieved that a fair appraisement will re- quire an appropriation of between $6,000,000 and $7,000,000, That 1s an amount which not a few of the parties to the case believe Congress will refuse to appropriate. Hence that is another reason why the owners of the lar.ds are so anxious to have the find- ings of the appraisers submitted to Con- gress at the earliest practicable day, that either the required sum may at once be appropriated or Congress may stop further proceedings by refusing to make the appro- priation, thereby removing, in either ac- tion, the cloud which now ties up the lands in controversy. As one of the owners re- marked to a Star reporter today, “One thing or the cther should be done at once, and one of tose two things we are deter- mined shall be done.” —~—._—_ Vice President Stevenson last night de- nied the statement attributed to him that Mr. Clevelznd could have another nomina- tion if he wished. He said: “I had a _con- versation with a newspaper man at Pitts- burg yesterday, but explicitly declined to be interviewed. Decision Today in the Eckington Railroad Crossing Oase. Counsel Claimed That the Street Crossings in Eckington Belong to the Corporation. Following the passing of Judge Kimball's early morning procession in the Police Court today camie Superintendent William Alvey of the Baltimore and Ohio Railroad Company to answer the grade crossing charges filed against him several days ago, after the narrow escape of citizens passing over the Eckington crossing. The charge in the case was brought by Inspector Bradshaw of the District engi- neer department, who alleged under the act of August 23, 1871, “that on the 4th of November, 1895, at the crossing of R street with the tracks of the Baltimore and Ohio Railroad Company, a certain public street crossing of the railroad, did then and there neglect and fail to station, in the day time, @ person at said crossing, with a red flag, to give warning of the approach of loco- motives, engines and railroad cars.” Mr. George E. Hamilton, counsel for the railroad company, said he thought a trial of the case would be avolded by present- ing a statement of the facts and agreeing upon them. He said that in the first place the law would not and could not apply to Mr. Al- vey, for the law itself mentions the per- sons whom the law is intended to reach, and certainly the defendant is neither of the persons mentioned. The Baltimore and Ohio Railroad Company, he said, owns in fee simple a strip of 120 feet and the Eck- ington subdivision and strects have never been extended across the property of the railroad company. Therefore, he said, there 1s no public street or right of way across the tracks. 5 Judge Kimbail inquired whetier the Balti- more and Ohio Railroad Company had ob- tained its land by condemnation or other- wisg Mr. Hamilton said it was obtained by both cerdemnation and purchase. Mr. Pugh said that the property is not fenced, and there being an opening and crossing, this law certainly compels them to have a watchman with a flag on duty there for the protection of the public. In answer to the court's inquiries Mr. Hamilton said that.the dangerous grade tracks and crossings are used as public high- ways by the citizens, and it would take an army of men to prevent it. Judge Kimball said that if the railroad company by its acts holds out to the public that this is a public highway, the question in the court's mind is whether or not the company is responsible under this act. The Company is Responsible. Judge Kimball listened to further argu- ment by counsel, and then held that the law applies to this particular case. Just so long as the company permits the use of the rcad as a public highway, there wil! have to be a watchman kept there to protect the public from the dangers of railroad trains. The law, the judge said, was passed for the protection of pedestrians, and so far as he was concerned, he had no doubt about the application of the law So THE PORTUGUESE MINISTER. He Receives News of the Denth of His - Father-in-Law Today. The minister of Portugal, A de Segueira Chedim, received a cablegram this morning announcing the death of his wife’s father, Ioao Baptista da Silva Ferrao de Carvaino Martens, the Portuguese ambassador near the pope, which occurred at the Palace Or- sinni at Rome at 6 a.m. today. This may necessitate the return of the minister and his wife to Portugal. He has but recently presented his credentials to President Cleveland, and in the event of his leaving he will continue his position as minister here. The dead ambassador was one of. the foremost men cf Portugal. Ss Mrs. Boswell Granted a Divorce. Jude Hagner this afternoon granted Mary E. Boswell a divorce from Alphonso M. Boswell. The parties were married here May 12, 1870, the wife’s maiden name being Johnson, and in her petition, filed April 29, 1895, she charged her husband with drun- kenness and desertion, praying that she be allowed to resume her maiden name. Electric Lights at Tenleytown. The Commissioners have allowed the Po- temac Electric Light and Power Company to erect incandescent lamps in Tenieytown and Reno as follows: Grant road, 11; How- ard street, 4; Prospect street, 5; McPherson street, 2; Kearney street, 3; corner River and Tenleytown roads, 1; corner River and Murdock Mill roads, 1; Murdock Mill road, 1; Brandywine street, 2; Belt and Tenley- town roads, 1; Belt road, 14; DesMoines and dist streets, 1. All of these electric ight lamps will sub- stitute naphtha lamps. ——_—_ St. Paul's Winter Carnival. The board of directors of the St. Paul winter carnival have decided to make the central feature of the big celebration in January an old-fashioned stockade, to be captured by Indians and recaptured hy the carnival clubs and the militia and the regu- lars from Fort Snelling. Around this cen- tral feature will be all manner of winter spcerts, including curling, ski and snow-shoe races, international skating tournaments, Indian sports and exercises, fox hunt, sham battles, band tournament, toboggani: ard hockey tournaments, foot bail crosse games, horse racing, military and carnival club parades, police and firemen parade, fancy equipage parade, street mas- querade carnival, masquerade balls, cpen- air concerts by bands of all nations, and the whole celebration will be ended with the burning of the big stockade, which is to be located on the site of the new capitol, which is one of the most prominent hill sites in the city. —__+e+-______ Both Were Injured. This afternoon between 1 and 2 o'clock PoYce Officer Posey of the third precinct and Major Newton, an intoxicated colored man, had a desperate struggle at the corner of 18th and L streets northwest, and now the colored man is in the hospital, while the policeman, who sustained a fracture of the collarbone, is under medical treatment at home. A telephone message sent over the ex- change wire announced that some person had been shot, and the patrol wagon with a number of officers was hurried to the scene. The officers in the wagon found it neces- sary to care for Officer Posey as well as for Newton, his prisoner. The officer's collar bone was probably fractured, besides other injuries he had sustained. —_—_——.__ His Opinion. From the Somerville Journal. Ned—“I don’t think Miss Walsingham is such a particularly pretty girl, do you?” Tom—‘‘Well, I don't know. She rejected me last night.” ————_—\+o2—____ Josiah Quincy, formerly assistant secre- tary of state, was nominated for mayor of Boston Tuesday night by the democratic convention. D. Edgar Anthony of Brooklyn is charged h misappropriation of the funds of the National Mutual Insurance Company, of which he was the receiver. The jury in the libel suit brought by Mrs, Helen M. Gougar, the temperance advo- cate of Lafayette, Ind., against Congress- man Morse has brought in a verdict at Boston in favor of the defendant. + e+-___. Grain and Cotton Markets. Cotton and grain markets, neported by W. B. Hibbs, stock, grain and cotton broker, 1421 F st. . High. 57% ‘Wheat—Dee. Ma; % = woree seams’ B8sEr BlRReS Prospective Gold Shipments Have a Depressing Influence. SCARCITY OF COMMERCIAL BILLS Liberal Sel iz Movement of Reading. GENERAL MARKET REPORTS ——— ee Special Dispatch to The Evening Star. NEW YORK, November 15.—The engage ment of two and one-half millions of gold for export by tomorrow's steamers, and as: surances that further shipments are con- templated, had a depressing influence on today’s stock market. The scarcity of all classes of commercial drawings and the high rates for exchange forced foreign houses to the use of actual coin, after having exhausted all reasonable expedients to ward off such action. Next week's outflow will in all probabil- ity equal if not exceed this week's loss, but the movement will not be prolonged beyond the limits of actual necessity. Manhattan’s statement for the quarter ending Septeraber 30 reflects deficit of something over $387,000, but is accompa- nied by an official explanation which as- sures stockholders that last year’s surplus for the same period exceeded, The charging off of certain taxes which may not have to be paid and a saving in certain interest items are relied upon tq vindicate the correctness of these official assurances. The price of the stock was de pressed to the lowest level yet reached, however, and the belief in the necessity fol some radical changes in order to meet sure face competition is daily gaining ground The short interest in the property may b( forced into covering at any moment, but there is as yet little eviderce of stock ac: cumulation for the long account. Reading was an active feature of the day’s business, a liberal selling movement forcing the price down 1% per cent from the opening level. As is usual upon the appearance of any activity in the property, rumors of heavy stock assessments under the new re- organization plan were in free circulation. The railroad list at other points was given over to dullness, the news of the day having @ tendency to restrict the volume of trading rather than to materially reduce values, Stocks were easier to buy than to sell, how- ever, a circumstance not entirely encourag- ing. In the industrial Ust prices were uniy formly lower under a volume of business confined largely to the room. Tennessee Coal and Iron, Sugar and American To- bacco were the features of this class of securities at concessions varying from % to 1% per cent. The extreme narrowness of speculation continues to be a menace to values, if frac- tical cexcessions are considered, jut the main features of speculation are such as would insure a ready response to any out- side demand. The real owners of stocks show no disposition to dispose of their hold- ings eround the present level while there is gcod reason for the belief that present holdirgs will be increased on all reactions. The final hour’s business was dull and void of feature, prices being irregular around the day’s lowest level. —..__ FINANCIAL AND COMMERCIAL. The following are the opening, the high- est and the loyest uad the closing prices of the New York stock market today, as re- ported by Corson & Macartney, members New Ycrk stock exchange. Correspondents Messrs. Moore & Schley, No. SO Broadway. Open. Wigh. Low. Last. American Sugar. 1003 OLS § 99% 10075 American Sugar, 9 99 8D American Tobacco. 89 BON 8i%% 21% Den. & R. Grande, Pfd. Dis. & Cattle Feeding. General Electric. linois Central. Lake Shore. Erie. Louisville & Nashville. Long Island Traction. Metropolitan Traction. Manhattan Elevated. Wabash, Wheeling & L. Wheeling & L. Erie, | ener Union Tel. —_ Washington Stock Exchange. Sales—regular call—12 o'clock m.—Riggs Fire In- surance, 100 at 5; 100 at 8. Government Bonds.—U. 8S. 4s, registered, 111% bid, 112% asked. U.S. 4s, cou 111% bid, 11245 asked. O. S. 48, 1925, 12144 bid.’ U. S. Ss, 1905, 115 bid. District of Colambia Bonds.—20-rear fund bid. 30-year fund 6s, gold, 111 bid. Wat. 7s, 1901, currency, 116 bid. Water stock 118 bid. 3.65s, fundis Togistered, 2-108, 100 Did. Miscellaneous Nonds.—Metropolitan Railroad conv. Gs, 114% bid, 116 asked. eMtropolitan Railroad 5s, 107 bid. Belt Railroad 5s, 83 bid, 86 asked. Eck- ton Railroad 68, 100 bid. Columbia Raliroad 68, 111% bid, 113 asked. Washington Gas Company 6s, serles A, 112 bid. Washington aGs Company 6s, series B, 113 bid. Washington Gas Compaay conv. 6s, 125 bid, 135 ed. U.S. Electric ht conv. 58, 130 bid. Chesay am! Potomac a oe 100 bid. American Se ity and Trust 5s, F. b and Trust 5s, A. American ‘eScurit, and 0., 100 bid. Washington Market Company Ist iy imp. 6s, 6s, 110 currel currency, oid. Gs, 110 bid. Washington Market Compan; 110 bid. Washington Market Company ext. bid, Masonic Hall Association 5s, 102 bid. Wash- ington Light Infantry Ist 6s, 100 bid. tional Bank Stocks.—Bank of Washington, 250 did, 300 asked. Bank of the Republic, 240° bid. Metropolitan, 285 bid, 310 asked. tral, bid. Farmers and Mechanics’, 180 tid. ‘Second, 182 bid, 140 asked. Citizens’, 130 bid. Columbia, 13 onl, nid 140 asked. om 116 bid. West End, 106 = a id, 106 asked. Lincoln, 98 bid. io, 5 pepo ae ats PR Seas eae Loan and ‘Trost, 119 bi ‘Trust, 139 bid," 143 asked. posit,” 60 bid, 75 asked. Railroad Stocks.—Capital Traction Company, 76 bid, 80 asked. Metropolitan, 100 bid, 103 asked. Columbia, 40 did. Belt, 30 asked. Hckington, 20 asks ‘ and’ Tennallytown, 80 asked. Georgetown i Ga: Electric Light Stocks.—Washington G. 454 bid, 46% asked. “Gcorgetown Gas, 45 bid, asked. U. S. Electric Light, 1324 bid, 125 asked. Insurance Stocks.—Firemen’s, bid) Franklin, $0 bid. Metropolitan, 63 bid. | Corcoran, 50 bid Potomac, 68 bid. Arlington, 140 bid, 155 asked. German-American, 160 bid." Nath Union, 16 bid, 13 asked. "Columbia, 12 bid, People's, 5% ‘bid, 6 asked. Lin- Rives, 7% bl L, coin, 7% bid, 8% asked. ‘Commercial, 4% bid. ‘Title Insurance Stocks.—Real Estate ‘Title, bid, 116 asked. Columbia Title, 7 bid, 8 asked. Washington Title, 8 asked. District Title, 8 bid. ‘Telephone Stocks.—Pennsylvania, 38 bid. Chi Peake and Potomac, 52 tid, 5 ask American raphophone, 34 bid, 3% asked. Poeumatic Gua zs Did, .35 asked. 23 % ocks.—Washington Market, | 14 bid. Great Falls Ice, 120 bid, 130. asked. "Bull Run Panorama, 30 asked Lincoln Hall, 00 bid. Mergenthaler Linotype, 215 bid, 222 asked. Baltimore Markets. BALTIMORE, November 15,—Flour dull, changed- receipts, 14,927 barrels; shi 439 barrels, Wheat steady —spot, 6414068% ember, Goa65%; May, | Git steamer No, 2 red, 614.a61%—receipts, 2.266 tush: els; stock, 500,134 bushels; ‘sales, 42,000 bushels— southern wheat by sample, ds Corn frin—spot, 37 bid: wi ef, ia, 254036 February, 3 receipts, 80,123 135% 18. ‘$57 lushels; stock, 469,106 bushels, hels—southern white corn, 34a37; 3337. Oats qulet, whites easy—No. 3 western, 23a23%; No. 2 mixed, 22%4023—re- 22 ‘bushels; shipments, 20,540 ashels. Rye duli—No. 2, 44 receipts, 2,000 bushels; st firm—choice timothy, ' $15.50. and steady, unchanged. "Su Butter,’ eggs and cheex ishels, Hay ights quiet ,