Evening Star Newspaper, February 1, 1896, Page 2

2 THE EVENING STAR, SATURDAY, FEBRUARY 1, 1896-TWENTY-FOUR PAGES. LATE NEWS BY WIRE London Press Opinions on the Yacht Club Findings. VIEWS AS 10 DUNRAVEN'S DOTY The Fair Minded Think He Should Apologize. EFFECT ON YALE’S TRIP LONDON, February 1.—Only the Pall Mall Gazette, James Gazette and the Globe comment upon the findings of the New York Yacht Club committee against Lord Dun- raven, in the charges which the latter brought against Defender’s handlers. The Globe heads a somewhat sarcastic “Lord Dunraven Justified,” and he committee would have done bet- says: ter to flatly refuse to prosecute an inquiry ion made of no value.” ard to the evidence, the Globe re- It is a little unfortunate that so much cutting up and transferring of lead on the Defender and Hattie Palmer should be going on at the time Lord Dunraven thought he noticed a difference in the load-water- line, and the ne ty which compelled Herreshoff to withdraw his valuable assist- ance from the committee of Inquiry, after being informed that he would be cross-ex- amined on the following Monday, is deeply to be regrett#d, and must be very painful to himself. The real blame for the whole business falls upon the shoulfers of the priginal cup committee, which appears about as unousinesslike a body as one could meet. Unless they show themselves capable of mall modicum of common e to bear upon the arrangements of an international contest, we earnestly trust no an will challenge again.” Globe concludes: “We are unable to that Lord Dunraven‘s position as a tween England and America. Lately there has been so much ill-ieeling that it would be almost a tter of regret that they We are told that Yale in- Henley. Let every one best to prevent any un- ing from the visit and in time another challenge ¢ issued for the Americ to row Qwncerned do hi frier dly feeling resuit at e for Apol- ‘port makes clear, jous accusation was Dunraven on the flimsiest Secondly, that the New given his lordship a and good manners. the accusation of that a very ¢ by L ble evider Se ht Club has agevere lesson in fair Lord Dunraven mi sordid fra: ‘That charge was not made by Mr. but it was cast out a body of persons none of aven is likely to meet at dinner. This dces not make it more decent. ‘There is a lock about it of a wish to com- the advantage of discrediting an op- nt with the convenience of avoiding jially a disagreeable quarrel. Lord Dun- ort of his charge, produced ons and guésswork. If an Ir running was investi- “lub and found to have igin, doubt if the club would if to use the mild word ‘mis- selii James Gazette concludes: “Lord en owes it to himself, as a gentle- fze"to those he accused with- The New York Yacht with courte grave provocation, 3 to the club and to nerally a very ample ming congratu- mittee upon its nd consideration when Lord Dunraven’s ight have justified the he only course open Chronicle, “is an instant “The result of the in- quiry is to acquit Mr. Iselin and his friends of a charge which was not brought against ean hardly be said to have satisfactory manner the real “The committee’s finding ‘ous and well calculated We will be convinced cept th a mistal the hand the “The decision, we are agcepted by Lord Dun- raven and his fellow-yachtsmen. The best way to show'this is to make an early effort to recapture the cup.” a MAUPIN BILL POSTPONED. Matters of Inicrt#t at the Virginia Capital. af The Evening Star. RICHMOND, Va.. January 31, 1996. Jt was expected that the Maupin antl- gambling bill would cume up In the house today, and there were several well-known hersemen present to oppose it. ‘The bill ade & special order for next Wednes- y at 1 o'clock, when a lively debate Is ex- ected to take place. Special Corsespend Sheriff Williams of Sevthampton is here to « mfer with ether sheriffs relative to in- ate of Virginia the sys- py electricity persons sen- it was decided y_ the election bill offered d Flannagan, and practical ec0 ad _a substitute for the Sti ill, which perfects the Walton law without altering it in any essential feature. ——__ ANTI-GAMBLING MEASURES. Minority Report to Be Made at Richmond. Special Dispatch to The Evening Star. RICHMOND, Va., February 1.—Messrs. 3. and Newhberne, the chairman and airman of the committee on coun- ties and-towns, which reported fa- ly the Pilcher racing bill, with the tdy amendments, have decided to pre- a minority report on the bill. Both Diggs and Mr. Newberne are opposed the report of the committee, and are rtily in favor of the Maupin bill. They e not present at the meeting of the committee when the Pilcher bill was recommended and will consequently set forth their views in opposition to the ac- tion of the committee. a MYSTERIOUS POISONING CASE. Five Persons Found in a Serious Con- dition. ROCHESTER, N.Y., February 1.—Martin Lynn, his wife and two infant children and his sister were found potsoned in their cottage teday. Miss Lynn is dead, Mrs. Lynn cannot recover and Mr. Lynn’s recov- ery is doubtful. The children are out of danger. The case is a mystery, and will be in- vestigated. ——————— Real Estate at Auction. 1 Duncanson Brothers, atictioneers, sold Yesterday. at. public auction, the south half of square 673, fronting on L street and extending from Ist street east to North Capitol street, and containing 213,778 square feet, to Wilbur F. Nash, for $61,131.90. A number of parcels of unimproved prop- erty in various portions of the city direct- ed to be sold in pursuance of a resolution of the stockholders of the City Investment Company, was offered for sale at the auc- tion rooms of Thomas Dowling & Co. Of the twelye parcels offered A. W. Arm- strong purchased the first nine and Mr. Lunt the remainder. ———_———_ Government Receipts. National bank notes received for redemp- tion today, $419,479. Government receipts— From internal revenue, $455,331; customs, 374; miscellaneous, $66,054. « BONA-FIDE CIRCULATION. A referenca to the statement be- low will show that the circulation sworn to is a bona fide one, It is easily possible for a news- Paper with an elastic conscience to. swell its legitimate circulation enor- mously, in order to deceive adver- tisers, by sending out thousands of Papers to newsstaids, which are re- turnable, and which are in fact re- turned, but nevertheless are in- cluded In what purports to be an honest statement of circulation. Intelligent advertisers, however,. judge by results, and bogus ¢ircula- tions den'tegive them. The circulation of The Star is many thousands In excess of any other Washington paper and is be- lieved to be fully five times that of any afternoon contemporary. Circulation of The “Evening Star.” SATURDAY, Jan. 25, 1896. MONDAY, Jan. 27, 1396 TUESDAY, Jan. 28, 1896... WEDNESDAY, Jan. 29, 1896. THURSDAY, Jan. 30, 1396. FRIDAY, Jan. 81, 1596... Totti emmsoas- ++ Daily averagersm «. Sesaececes 1 solemnly swear that the above statement rep- resents only the number of copies of THE EVEN= ING STR cireulated during the six secular days end- ing Friday, January 31, 189¢—that 1s, the num- ber of copies actually sold, delivered, furnished or mailed, for valuable consideration, to bona fide purchasers or subscribera, and that none of the copies so counted are returnable to or remain in fice unsold. Sain J. WHIT. HERRON, . Cashier Evening Star Newspaper Co. Subscribed and swo;n to before me this first day of February, A. D. 1896. BENJAMIN MARTIN, JR., Notary Public, D.C. DEMOCRACY THE LOCAL They Are Getting Ready to Choose Dele- gates to Chicago. Features of the Forthcoming Contest —Much Gossip of an Interesting Character Concerning It. Local democrats are looking forward with considerable interest to the business before them of selecting delegates and alternates to the national convention of their party, which meets at Chicago in July. The re- cent action of the national democratic com- mittee in passing the resolution recom- mending that the District of Columbia be allowed six delegates in the forthcoming convention nas had the effeet of inspiring the ambition of a large number of the be- lievers in Jeffersonian principles than has hitherto been the case of similiar occasions. There is a general desire on the part of the older members of the party here, how- ever, to delay the work of choosing the del- egates until as late a day as possible. They are aware that the recent republican pri- maries made the Washington public rather sick and exceedingly tired of local politics, and consequently they wish to have all the preliminaries of the approaching campaign arranged in a: quiet manner, and make such arrangements that will procure a set- tlement of any factional differences that may exist or which are liable to arise be- fore the active work of deciding on who shall be delegates is taken up. It will be dificult for this program to be carried out, as there are already evidences that a num- ber of gentlemen, representing interests hitherto antagonistic, ar2 feeling their way toward making a run for Chicago. Ex-Warden’s Burke's Candidacy. It is openly asserted that ceriain secret and patriotic societies are already organiz- ing, particularly in South Washington, where they are strong-in. membership, for the purpose of giving united support to their candidates for delegates to the local convention which will choose delegates to Chicago. It is said to be the intention of these organizations to work for the selec- tion of ex-Warden Burke of the District jail as a candidate to Chicago, and this as- sertion has created much gossip emong democrats whose views are not ‘consistent with the tenets and principles of the asso- ciations and societies in question. Conse- quently there is a feeling that something Uke a fight will be precipitated between the factions described, and that much bitter- ness may result before the issue is settled. Other Well-Known Candidates. The names of other aspirants besides Mr. Burke which are most generally men- tioned include those of Wm. Holmead, chairman of the central committee; Chas. A. Darr, John Boyle, Frank P. Morgan, Wm. Dickson, J. Fred. Kelley, Lawrence Gardner and James L. Norris. is Messrs. Dickson, Gardner and Norris are not avowed candidates by any means, but a great deal of pressure is being brought to bear upon them to make the race. Mr. Boyle is a well-known newspaper man, who has been an active and vigorous work- ing democrat ever since he could toddie along and carry a torch, and enjoys a wide personal popularity. He is a member of the central committee, representing the seventh district. Mr. Morgan is also a newspaper man, and lives in the twenty- first district. He i the support of all the East Washington democrats, and the influence of M. I. Weller is sald to be in his favor. Mr. Darr is a well-known business man of approved democratic principles, and the others are too well known in Washington to need any further introduction. The sys- tem of choosing democratic delegates to the national convention from the District dif- fers from the method recently followed by the republicans. Composition of the Central Committee There is a central committee in the Dis- trict of Columbia composed of one member from each of the twenty-two assembly The present committee consists Tolson, first district; Wm. Hol- mead, second district;; Wm. H. Manogue, third district; John McKenna, fourth dis- trict; Thos. F. Cook, fifth district; J. Whit Hammett, sixth district; John Boyle, sev- enth district, Wm. G. Burns, elghth dis- trict; niiith district, vacant; tenth district, vacant; Frank P. Madigan, eleventh dis- triet; W. J. Costello, twelfth district; J. Fred. Kelley, thirteenth district; James J. Roche, fourteenth district; P. F. Cusick, fifteenth district; James F. Brown, six. teenth district; Robert E. Doyle, seven- teenth district; Wm. W. Wells, eighteenth district; Paul Regan, nineteenth district: Edward D. Lynch, twentieth district; Mich- ael I Weller, twenty-first district; Bernard A. McDonald, twenty-second district. The chairman is William Holmead; the secretary is Thomas F. Cook, and the treas- urer William G. Burns. The Work Before It. This committce will be called together probably about the 15th of the present month, and will prepare arrangements for } the holding of primaries, at which dele- gates will be chosen to a local convention, which will choose the representatives of the party in the national body at Chicago. The committeeman in each district Will be authorized to select a polling place in his district, and to make such other ments as may be necessary. Three dele- gates will be elected from each of the twenty-two districts, making a convention composed of sixty-six members. The last central committee was authorized to look into ‘the question of redistricting the Dis- trict, but it is probable that no change will be made in the present arrangements, save that the first and seeond districts will be divided into voting precincts to better ac- commodate the large and scattered popula- tion which they now contain. FOR FREE COINAGE Vote of the Senate on the Silver Bond Bill. ALL OUTSIDE AMENDMENTS REJECTED + Only That of the Finance Commit- tee to the House Bill Passed. MATTERS IN THE HOUSE As early as 10 o'clock this morning, when the Senate chamber is usually given over to the pages, Senator Jones (Ark.), tho commander-in-chief of the silver forces, was at his desk preparing for the culmina- tion of the struggle on the silver bond bill, set for 2 o’clock today. He was smil- ing and confident gf the outcome. Before Dim were spread the bord bill as amended for free and unlimited silyer coinage, and the individual amendments of Senators—twelve in number—which were to be voted on. The Senator was arrang- ing them in order for the successive votes. Senator Morrill’s Speech. At 11 o'clock the session was resumed. Under the parliamentary fiction it was still the session of Thursday, as no ad- journment had been taken until then. There was but scanty attendance on the floor and in the galleries, but the chamber gradually filled as the session proceeded. There was no prayer or routine owing to the parliamentary status, and Mr. Morrill, chairman of the finance commit- tee, took the floor for his speech, which had been announced as the last of the long speeches of the debate. Great inter- est attached to Mr. Morrill’s remarks, ow- ing to his continued vigor at the advanced age of eighty-five, and his long part tion in the great financial struggi: Congress. He spoke from manuscript, with a clear voice, readily heard in every part of the chamber. Occasionally he put aside his notes and emphasized his 1¢marks with emphatic gestures. An abstract of his speech will be found elsewhere in The Star. Mr, Morrill closed at 11:45, and Mr. Tel- ler (Col.) replied briefly to the reference made as to the cheapress of silver when cecming from the mines. He said the same cculd be said of gold. The very remarkable mines at Cripple Creek were turning out gold at 25 cents an ource. Mr. Teller re- ferred sarcastically to the frequent cha acterization of “silver baro) and asked what had become of the “gold barons.” He instanced five men in Colorado who, from minirg gold, had quickly become mil- Honatres. Mr. Butler's Amendment. From this time forward the speeches were brief, under the arreement that tho five- minute rule of debate should prevail. Un- Ger this rule, also, the various amendrfents were taken up for debate. The first amend- ment, that of Mr. Butler (N.C.), prohibited the issuarce of bonds without authority of Congress, and also provided for a method of r=deeming greenbacks in gold or Tr according to the fluctuations of the ratio. Mr. Daniel (Va.) spoke against the Butler amendment, urging that {It vested a broad discretion in the Secretary of the Treasury which would tend to disturb the parity uf the metals. Mr. Gray (Del.) opposed the amendment as tending to increase the antazonism he- tween the metals. Mr. Butler sought to interrogate Mr. Dan- iel as to the grovid for opposition to the amendment. Under the option given in the present law, asked Mr. Butler, should the Secretary of the Treasury pay with the metal at a premium or the one at a de- preciated price. The Secretary should tres the metals with absolute, independence,so as to leave outsiders in doubt as to which metal was to be paid. Mr. Butler insis! or a more explicit answer. “The Senat (Daniel) does not understand the question, said Mr. Butler. “Permit me to say,” responded Mr. Dan- iel, amid a laugh, “that the Senator does not understerd the answer.” Mr. Jores (Ark.) pointed out that the main purpose of this measure was to se- cure the free coinage of silver. The com- ™mittee did not wish to complicate this 1 n issue with collateral questions. He appeal- ed to the friends of the measure to pass the free coinage amendment without s-at- tering their energy by side amendment: Mr. Teller added his appeal in the sime line. He thought that the friends of sliver should be content to carry their main prop- osition, reserving incidental questions to another day. “I am sorry to coinage weakenin, e the friends of free said Mr. Allen, as he proceeded to support the Butler amend- | ment, pointing out that it was a d>siralle and essential feature of the main propo: tion for free coinage. It was useless to have free coinage, ! terjected Mr. Butler, unless the Secretary of the Treasury was directed to carry out its spirlt by paying obligations In silver, Mr. Harris (Tenn.) spoke against going into the niceties and refinements of the silver question in order to secure tha pas- sage of the main question—free silver coinage. He moved to lay the Butler amendment on the table, but, at the re- quest of Mr. Butler, withdrew the motion temporarily to allow the author of the amendment to speak. Mr. Buller declared that he would never want to see a free silver bill passed unless there went with it a provision to maintain the parity. If this free coinage measure was passed without amendment, he proceeded, every free silver man in this chamber would have to bury his head in shame. Mr. Bacon (Ga.) urged that fee coinage would sustain the parity without resorting to this additional amendment. Mr. Cockrell (Mo.) added a further urgent peal against complicating the questi No greater obstacle has been encountered by silver,” said he, “than this continual disposition to try to get too much.” Mr. Peffer (Kan.) supported the Butler amendment, he being the fourth of the populist Senators—Butler, Allen, Stewart and Peffer—who had resisted the appeal of the main silver element for the adoption of free coinage without complicating is- sues. The Amendment Defeated. The vote was then taken on the silver amendment. It was closely followed, as being more or less a demarcation of the opposing forces. The amendment was de- feated—13-60—by the following vote: Yeas—Allen, Brown, Butler, Cameron, Cannon, George, Hill, Kyle, Peffer, Pritch- ard, Roach, Stewart, Tillman—13. Nays—Allison, Bacon, Baker, Bate, Berry, Blanchard, Burrows, Call, Carter, Chan. dler, Chilton, Clark, Cockrell, Davis, Du- kols, Faulkner, Frye, Gallinger, Gibson, Gorman, Gray, Hale, Hansbrough, Harris, Hawley, Hoar, Irby, Jones (Ark.), Lindsay, Lodge, McBride, McMillan, Mantle, Mills, Mitchell (Oreg.), Mitchell (Wis.), Morgan, Morrill, Murphy, Nelson, Palmer, Pasco, Perkins, Pettigrew, Platt, Proctor, Pugh, Shoup, Squire, Teller, Thurston, Turpie, Vest, Vilas, Voorhees, Walthall,’ Warren, Wetmore, White, Wilson—60. Mr. Stewart (Nev.) ridiculed the discus- sion going on. It was all dress parade, he said. Every one knew the pend ng measure would receive no attenticn after leaving the Senate. As it’ was merely a question of recording opinions the vote goad be taken on all collateral ques- ions. The Alien Amendment. The amendment of Mr. Alten (Neb.) for- bidding the issue of interest-bearing Londs Was next taken up. This brought forward @ renewal of the discussion over: compli- cating the main issue. Mr. Teller urged that the restriction of bond issues be taken up as an independent question. Mr. George (Miss.) asked Mr. Teller whether the adoption of the Allen amend- ment would hurt or serve the principle of the main question. = Mr. Teller admitted that he was in doubt, but said he preferred to settle the piain question first. ee ,ball Mr. George, “I will vote Many Senators explained their desire to ares against bonds as a separate propos!i- jon. aera Mr. Squire was in opposition to the gen- eral rule. He spoke@f phy wreent need of the coast defenses and fie need of the government funds to carry them on. Mr. White (Cal.) referred to the vote of Mr. Hill just given, whicn, he said, was evidently done to ““Joad down” the meas- ure, : Mr. White urged’ taking a vote on the main stlver question, i Mr. Mills (Tex. ted that while he did not approve thi ding silver substitute as reported fro} e committee, still he would vote for if, merely to destrcy the ob- noxious bond cas it ‘came from the House. ~S There was an -gipusing tilt between Mr. Stewart and seveykl Senators while Mr, Lindsay was speaking. He had declared that free coinage-was always pressed when ft could not pe and never seriously pressed when it Could pass. Mr, Stewart interrupted to deny that the question was not pfessed in 1890, for, said he, it was usele! fo press it then, as the President would _haye. vetoed it. “Who sald he \woild have vetoed it?” ex- claimed Mr, Lindsay. “He said so, himself,” Stewart. 3 “To whom?" asked Mr. Gray. Mr, Stewart did not immediately answer, but Mr. Voorhees.renewed the controversy by asking Mr. Stewart what authority he had for stating that Mr. Harrison, who was President in 1890," would have vetoed a free coinage amendment. “He did not tell me,” answered Mr. Stew- ae “I was not in communication with im. Mr. Teller added that he had personal knowledge of Mr. Harrison’s purpose to veto free coinage. This Also Defeated. When Mr. Allen had made a final plea for his amendment, saying he wanted to put the protestations of silver men to the test, the vote was taken and the Allen amend- ment was defeated, 21—54, as follows: Yeas—Allen, Bacon, Baker, Berry, Blan- chard, Brown, Butler, Call, Cameron, Can- non, Hill, Hoar, Irby, Kyle, Lindsay, Mills, Peffer, Pritchard, Roach, Stewart, Thurs- ton—2) Nays—Allison, Burrows, Bate, Carter, Chandler, Chilton, Clark, Cockrell, Daniel, Dubois, Wikins, Faulkner, Frye, Gallinger, Gear, George, Gibson, Gorman, Gray, Hale, Hansbrough, Harris, Hawley, Jones of Arkansas, Lodge, McBride, McMillan, Man- tle, Martin, Mitchell of Oregon, Mitchell of Wisconsin, Morgan, Morrill, Murphy, Nel- son, Palmer, Pasco, Perkins, Platt, Proctor, Pugh, Sher: Shoup, Squire, Teller, Ti man, Vest, V Voorhees, Walthall, War- ren, Wetmore, White and Wilson—ot. To Retain the Seigniorage. Mr. Morrill (Vt.) offered an amendment providing that the seigniorage on the cojn- age of silver be retained by the United States to the extent of the difference b tween the coinage value and the commer- cial value of the bullion. Mr. Gorman'’s Amendment Defeated. Mr. Gorman made a brief speech just be- fore the final vote. He alluded to the re- quest of the President for relief for the treasury, and it had been met with a free silver bill from the Senate finance commit- tee. He said it was evident from the votes today that the sHver men cannot agree upon any measure. Mr. Gorman moved to lay the amendment of the committee on the table. He said also that it was quite evident that there could be no silver bill enacted into law. Gorman’s motion to lay the free silver amendment of the finance committee to the bond bill on the table was Jost—34 to 43. ‘The vote in detail Yeas—Allisen, EB: Chandler, Gailinger, answered Mr. Da G > Ell, y, Lodge, Hi Martin, “Mitchell, Murp! Palmer, or, Sherman, Thurston, Vilas, ard, Brown, Butler; noa, Ca r, Chilton, 0, Perkins, I r, pitigrew, Roach, Shoup, Pugh, Squire, Teller, Tiilman, nie, Vest, s, Walthall, Warren, White, Wil: The following pairs were _ announced, those for the motion being given first: Cyl: lom with kburn, well Gray with with brough, Wo Smith -with next yote wes on Mosrill providin nment of the seigniar: coined under this act, Defeated Discussion Over a Vote. At 2. o'clock iw discussion apose as to what was meant by the unanimous con- sent agreement to vot? at 2 o'clock. Many Senators contended that amandiments were eut off and others that all amendments could be offered and yoted upon until the bill was disposed of. Mr. Harris contended that any amend- ment offered ¢ o'clock was a violation e was to get a final vote at 2 E Mr. Chandler and Mr. Lodge urged that all debate was to be closed at 2 o'clock, o'clor but that it had not been understood that ull amendments should be cut off at 2 ovclock. Mr. Harris said he woul?-not ask the presiding officer to )): on, the ¢ fon. Unanimous: conseat tors only as they desired to At afier we nsent agreeme on the jinance comm. taken ment. Free Coinage Amendment Adopted. The finance committee free coinage amendment to the bond bill was adopted, yeas, 43, nays, 34; the same as the vote on Mr. Gorman’s motion to lay on the table. THE HOUSE. Pe amen The attendance in the House today was small, Mr. Powers (Vt.) asked unanimous con- sent for the consideration of the Senate bill to pay to the widow of Justice Samuel F. Miller $7,419, the-amount of the balauce of his salary for the year in which he died. Mr. Loud (Cal.) objected, and the bill was referred. Bills were passed, on motion of Mr. Sparkman (Fla.), to grant American regis- ter to the barks Minde and Johan Ludwig; on motion of Mr. Flynn (Okla.),*to grant to the St. Louis and Oklahoma City rail- road right-of way through the Indian and Oklahoma territories; on motion gf Mr. Little (Ark.), to amend the act granting to the Kansas City, Pittsburg and Guif rail- road right of way through the Indian ter- ritory, so as to allow that railroad to build a branch road to Fort Smith; on motion of Mr. Doolittle (Wash.), to authorize the Sec- retary of the Treasury to pay out of cer- tain funds in his possession sums due Reese H. Voorhees and John Paul Jones, for legal services to the Old Settlers or Western Cher- okee Indians. A resolution reported by Mr. Taft (Ohio) froin the committee on foreign affairs was adopted, calling on the President, if not in- compatible with the public interest, to transmit to the House all correspondence between this government and Germany rel- ative to the exclusion of life insurance companies of the United States from trans- acting business in Germany. The House than went fnto committee of the whole, and resumed the consideration of the District of Columbia appropriation bill. > Brightwood Railrond. The Commissioners: today reported with amendment Senate bill 906, “To amend the charter of the Brightwood Railway Com- pany Te bill contemplates an extension of the company's natilla, or Takoma, branch by double tracks northward to a point near the Takoma Hotel and thence eastward to the main line on the Bright- wood road near the District boundary. Such extension, would form a belt upon which all cars ‘to and from the city ter- minus of the rodd cotild run. The Commissioners suggest seyeral modl- fications, including a provision “that the right of said company to use an overhead single trolley on a street or part of street shall cease six months after the date of the approval of any act of Congress ap- propriating money for or otherwise au- thorizing the paving of the roadway of such street or part of street except in con- nection with continuous track rails; and provided, further, that the right of said company to use overhead single trolley in any public space in the District of Colum- bia, except in connection with continuous track rails, shall in any event cease on July 1, 1899." . —__. Granted a Pension. The widow of the late Officer Holsey of the police force has been granted a pension of $20 per month. NO RIGHT TO-DO IT Commissioners Without Power to Grant Wire Permits. 80 SAYS CHIEF JUSTICE BINGHAM An Opinion Rendered Today in the Mount Pleasant Case. CONTROL OF THE STREETS Chief Justine _Bingham -today decided that the Disizict Commissioners have no general power which authorizes them to grant permits for the purpose of construct- ing and maintaining electric light and power lines inthe city or county. He therefore contiMied the restraining orders heretofore granted by iim in the three cases in which he today decided the matter. These cases were Samuel F. Howard and Anthony Hanlon, jr., against the District Commissioners, the Potomac Light and Power Company and Oscar T. Crosby and Clrarles A. Lieb, and those of the United States Electric Light Company and Anton Gloetzner and other citizens of Columbia Heights against the same defendants. What Judge Bingham Sald. In delivering his opinion, Chief Justice Bingham said: “I do not propose to go into detail in the disposition of these cases. There are two or three general propositions, which, I think, will determine the question now be- fore the court. Instead of following what would seem to be the natural order in cases of this kind, where the question is whether the complainants are entitled to a temporary injunction and, therefore, exam- ining, first, the right and title of the com- plainatts to maintain the suit, I propose to examine the question, which is the prin- cipal proposition in this case, whether the Commissioners of the District of Columbia are authorized by law to grant permits of the character which have been granted by them und which have been the foundation of this litigation. It is averred by the com- plainants in each of these cass that the Commissioners have no such power, and that they have issued certain permits to the defendant, the Potomac Light and Power Company, and the defendanis, Cros- by and Lieb, without any authority of la} ‘The defendants deny this, and say that the sioners have the power to issue ermits. and the authority to do so is founded upon the general power granted to the board of public works, by Congres in the act of 1871, providing for the te: terial government in this District, and 1 the transfer of that power by of Con- gress, from the board of public works to the Commissioners of the District of Co- lumbia when the temporary government yas formed in 1s74, and by the c of that power in the Com 8, which organize al government in this D some other auth but 1 unde rely wi is made of that by coun and I think very little dey el in argument, nds on it. ng In Appropriation Acts. “It is also claimed Ly the complainants in that the provisions acts passed by Congress,commencing in 18S) and ending perhaps in 1891, are evidence of the fact that there was power intended by Congress to be vested in the Commis- stoners of the District of Columbia, either at that time or at any former time, to ac- hat was ratified or authorized by in these appropriation acts. nce of these statut sioners might permit light companies to put down their wires fbr a length of time, and that none should be put down after that time. The form of the #et is rather in the wey of an exclusion of the right to put down wires after a certain , When viewed in the form which the e form which the aim it should be read, or in the appropriation g construction which they claim should be given to it, these statutes would mean that while th is given to the Commissioners pow er to put up these elec light wires period, and also to bury in the that were at that time strung upon poles, yet that right is limited in time, and in one of the acts, that of ISSS, there was a general exclusion of the fight to put up overhead wires in the city of Washing- ton; and that right seems never to have been repeal “The defendants claim that the effect of this legislation is to show that it was un- derstood by Congress that there was a gen- eral power in the Commissioners to grant Fermits to put up or put down these wire: The compleinants, as I have already sta ed, claim that the Inference is that there Was no general power to put down wires, and that the wires then in existence only have validity now because of the fact that at the time of the enacting of these stat- utes by Congress there was an implied rat- ification of the power, in order to put down the wires that were then down or in exist- ence or in operation; and that it extended no further than to the putting down of such wires as there was ¢xpress authority given to the Commissioners to authorize to he put down during the limited period men- tioned in the statutes. No Inference to Be Drawn, “I have locked over these statutes pretty carefully, and have undertaken to stu them. The truth is, to my mind, that, asi from the authority as to the general pow of municipal corporations and their rela- tion to the granting of franchises, and aside from the construction we must give to such legislation as had theretofore been enacted by Congress in granting power to this municipal corporation, there is scarce- ly any inference to be drawn one way or the other. These fragmental statutes em- bodied in appropriaticn acts are not of so decided a character, so far as this question as to the granting of power is concerned, as that the courts could infer the existence of such power or the absence of such power inthe municipal corporation. They may, therefore, be construed to have been enact- ed to be consistent with whatever might have been the power of the Commissioners by the general legislation in vesting power in them up to the time of the enactment of these prcvisions under the appropriation acts. “Undoubtedly the passage of these acts would have the effect of legal'zing all such wires and litres as had been down at thess dates, and especially all those which, by virtue of these appropriation acts, were to recelve compensation for public lighting, It would not be argued, I think, that the companies whose wires were thus legalized had authority to put down wires or to put up wires beyond the authority given by these statutes themselves during the pe- riod mentioned in the statutes.” Judge Birgham referred also to the con- tention that the complainants have had the right ever since 1891 or 1802, when the last of these provisions in the appropriation act Was passed, to put down wires by virtue of Permits granted by the Commissioners, and said it was not necessary in this case to decide that. What Authorities Say. “As I have already sata,” concluded Judge |" Bingham, “the defendants depend upon this clause in the act creating the board of public works, and the act of 1871, and the act of 1878, giving general power to the Commissioners over the streets and alleys of the city. - Without repeating exactly the language of the statutes, it, in general terms, invests the Commissioners with the entire cont: of the streets and alleys of the city, and with power to make regula- tions “With reference to. the repairs of streets, alleys, etc. “A number of authorities have been cited by counsel for the defendants, which, they claim, show that in every legislative act of this character where such general language has been it has been held to be suffi- cient to clothe them with the power to grant franchises to erect telepraph poles and wires, telephone poles and wires and elec- tric light poles and wires. ‘ “I have examined these authorities care- fully, and I do not find that they are sat- isfactory upon that question. Nearly all of them relate, not to the granting of fran- chises, but to the question of the power of _ Hols! corporation to do something itself.” is! ity of the authorities cited in- nothing but the question whether certain things may be done by a corpora- tion which {fs in control of the streets, and have no reference to the granting of pow- ers and franchises to private parties for private corporations to carry on some busi- ness by the use of the streets for profit to themselves. “There are a number of authorities to the effect that under the general power given to a municipal corporation to control and supervise streets and aileys they can- net grant the right to erect poles and wires to telegraph and telephone com- panies, and cannot grant the right to eom- panies to put down street railroad tracks to run horse cars on, upon the principle that it is adding an additional burden to the streets, not contemplated in the grant of the general authority to the corporation, and that a grant of a franchise of that character for a private corporation, for their profit and benefit, although it may incidentally be of benefit and advantage to the public, cannot be made by a muni- cipal corporation except by the grant of such right from the supreme legislative power. It must emanate from the su- preme legislative power, and the grant is either made directly to the company or to the municipal corporation. A muni- cipal corporation is often expressly author- ized to make such a grant, and when that is done they can issue such permits, but not otherwise. “There have been a number of decisions cited upon’ the other side, but none of them, in my epinion, sustain the doctrine that a municipal corpcration under its gen- eral power of supervision over the streets and alleys of a city may grant to an elec- tric light company the right to put up poles and wires for the purpose of light- ing the streets. It does not seem to me that that is in accordance with the weight of authority, especially when you come to review the proposition upon principle. 1: seems to me the overwhelming weight of authority is against the proposition. I can- net see that there is any difference in prin- ciple between the power of granting the right to an electric lighting company to put up poles and string wires thereon for the purposes of lighting and the power to grant to a telegraph company, a tele- plone company or a street railway com- pany the power to erect their appliances In the streets for the purposes which they may desire. It is, in principle, the same. It is the grant of a franchise to a private party,either a corporation or an individual, to exercise a use of the streets by virtue of which this private party proposes to win profits and imposes upon the streets a burden foreign to the use they have been accustomed to bear.” ; Judge Bingham said: I think that what- ever inference may be drawn from that case is rather egeirst the theory that the court, at that time, supposed or believed that In the absence of this special act of Congress the Commissioners had general power to grant to the telegraph company the right to put up its pele’ and wires on the strects of the city.” No General Power. In conclusion, he said: “I am, therefore, constrained to hold that the Commissioners have not, in this District, the general pow- er to issue permits of the character of those which this record shows have been issued by them. Of course, this opinion is one neces:arily formed from such light and such information as the arguments which have been made before me have disclosed, and frem the consideration of such facts as I am authorized to regard upon this record, It may be that upon final hearing, after full argument and upon consideration of the whole case, I might come to a differ- ent conclusion.” Chief Justice Bingham alluded to ‘other questions ich arose In the cases, but said that they dfd not alter or interfere with his main decision. Whether there could be a continuation of lines already corstructed was one of these minor ques- ticns, and the court intimated that it was a do He sald he would sign an crder continuing the restraining order al- ready granted, stopping the construction of the complained of lines pending a final di $ of the three. cases. The judge stated, however, that if he was correct in his conclusions, the Commissioners never pos- ser: any authority to grant any permit which tended to appropriate or occupy the sir or roads of the city and county. DECOYED AND ROBBED. Man Who Says He Was Assaulted by Footpads in the Capitol Grounds. Walter McNegry, a colored man, thirty- seven years of age, Is now lying at the imergency Haspital in a serious condition, and he claims that he was the victim of a daring highway robbery and murderous assault, committed about midnight last night in the Capitol grounds near the Gar- field statue. McNeary resides at Jackson City, where he is employed as a cook, but vhe is a well known follower of the races, having epent considerable time at all the big race tracks. He is a native of Califor- nia. According to his story, McNeary attended 2 bail last evening fn the eastern section of the city and there he met a well-dressed and attractive.colored girl. He had never seen her before, but during the evening they became good friends, apparently, and among other things McNeary told of his home in California, and casually remarked that he was about to send a large sum of money to ‘his’ folks in that state. When the ball came to a close McNeary asked the girl if hefmight escort her to her home, Which she said was on B street. His prof- fer was cordially received and the pair were having a rather enjoyable walk until reaching the Capitol grounds. With no thought of danger, McNeary says, he was suddenly attatked by a stalwart colared man and was in the act of making a pass at his assailant, when he felt a stinging blow on his head delivered from the rear. It was 4 o'clock this morning when Mc- Neary was found unconscious by a police- man. He had net regained hi the blow was struck. At the Hospital, where he was taken, tion by the surgeons discl on the right side of the f: of the scalp. An interesting disappearance of an examina- sed a jagged cut ee and a contusion feature of the case is the the girl, and it is the theory of the wounded man that she was in collusion with the two men who committed the assault, leading him to the Capitol grounds in order that the attack might be made without danger of interference. Me- Neary also thinks that the girl and her ac- complices were of the opinion that he had with him at the time a large sum of money. The assailants carried away $7 in cash, an overcoat and some smaller articles, It Is possible, however, that the girl had nbd connection with the affair, but her com- plete disappearance gives weight to the theory advanced by McNeary. No arrests had been made up to a late hour this after- noon. ——— Judge Upton’s Will, The will of Wm. W. Upton, dated Septem- ber 26, 1894, filed today, appoints his wife, Maricita B. Upton, executrix and be- queatfs to her one-third of all his property and the other two-thirds to be equally di- vided between his five sons. The property includes a piece of land in Oregon contain- ing about 800 acres. ————.___. Grain and Cotton Markets, Furnished by W. B. Hibbs & Co., 1421 F street, members New York stock exchanze, correspondents Messrs. Ladenburg, Thal- magn & Co., New York. GRAIN. Open. High. Ohis Or £6\4-%% 67- 30%” 20%—1 3 2 2 Wheat—May. Tal; aug 21% 10.50, 5.93 TIMORE, Febroary 1.—Flodr firm, unchanged ipts, 22,503 barrels; ‘shipments, 50 barrels; strong—spot aml mouth, et Fecelpis, 6,140 . bushels; 155,486 "bi 2,000 Bushels—sonth- erm wheat by sample, 7a76; do. on grade, Tiga 74%. Corn firmer--fpot und month, 83033; March, 884034; Mey, B0a361,; steatnet mixed. S30 221,—receipts, 128,607 bushels; shipments, 160,429 bushels; stock, 1,858,970 bushels; eales, 00 bushels—southern White and yellow corn. 38%. Oats firmec—N« white western, 25) No. 2 mixed do., 23i:a24%—receipts, 4,028 bushels: stock. 167,775 ‘bushels. “Rye firm—No. 2, 42a33 nearby; $546 western—stock, 102,468 Dasneis. Hay Net and stesdy—choice timottiy, $16.00. rain freights, some activity at easter pri ices, mn- changed. firm, uacha Butter quiet ey ‘eak-frealy 14a15."" Cheese steady, Whisky unchanged. FINANCE AND TRADE Speculation in Sympathy With _ Dealing in London, SELLING MOVEMENT WARDED OFF Looking for a Moderate Reaction in Stocks, GENERAL MARKET REPORTS Epecial Dispatch to The Evening Star. NEW YORK, February 1.—Initial trading this morning was fractionally irregular, in sympathy with the tone of the London market. The masterly manipulation which has characterized the week's stock opera- tions was immediately employed to ward off an undesirable selling movement. A good demand, despite its artificiality, was soon apparent, and prices in many instances were advanced for substantial net gains. The low-priced ‘stocks were bought in round amounts in the belief that the per- centage of profit in this class of securities will exceed that of the more expensive shares, which are quoted much nearer their intrinsic value. The vurious small pools which have been created to take advantage of the result of the treasury’s bond transaction were again active, but only moderately successful. The proportions of the recent advance in prices throughout the entire speculative list is the strongest argument favorable to a sudden reversal of the present upward ten@ency. The buying power of the street has not been significantly increased, the short interest has been destroyed, the room is long of stocks to the full extent of its capacity, and the burden of sustaining prices devolves upon the banking interests, which are seeking to create a sentiment fa- vorable to the success of the new loan. Actual conditions are not opposed to high- er prices by any means, but they do not justify such a one-sided movement as has been in progress for several days past. A moderate reaction is clearly due, and it is doubtful if large enterprises will be inspired prior to the reduction of apparent profits into actual possession. The passage of the free coinage bill by the Senate has been pretty generally dis- counted in local banking circles, and would pass unnoticed were it not for the fact that its significance 1s Mable to be over- estimated in foreign centers. An effort will be made to prevent any demonstration of disapproval, but fractional concessions may result despite precautionary efforts. The action of the anthracite coal presi- dents looking to a revival of harmony and a restoration of rates has done much to- werd improving the entire specul ation. The comparative ease of the money inarket and the decreasing period of sus- perse have inspired confidence in ultimate sd aca of more than temporary dura- ticn. Advices of gold coming from Europe, and the almost complete discontinuance of the efflux have added to the many encouraging features of the outlook, but in a narrow market factors of this character are more reliable, when immediate results are con- sidered, if applied to pu: ses made on concessions. The bank statement shows no important changes from last week, except a further reduction in loans. The decrease in this item is smaller than at any time for weeks, and would indicate that IMguidation has about run its course. An increase of over two millions In law- fl money indicates a continuation of the shipments from interior points, although to @ smaller extent than formerly. The increase of over $700,000 In deposits is not proportionate to the changes elsewhere noted, and shows that large withdrawals have been in progress. The increase in re- serve brings that item up to something more than thir ne millions. The banks are strong and well equipped for next week's demands. The best opinion on the situation favors cautious operations until after the first three days of the coming week, at least. ee FINANCIAL AND COMMERICIAL. The following are the opening, the highest and the lowest and the closing prices of the New York stock market today, as reported by Corson & Macartney, members New York steck exchange. Correspondents Messrs. Moore & Schley, No. 80 Broadway. Canada Southern Canada Pacific, Q Ghie, & Northwestern. Chicago Gas, Cis. C. M.& St. Paul, &St. Pant, P KI & Pacis Den. & R. Grande, Pfd. Dis. & Cattle Feeding. General Electric. iinois Central. Long Island Traction. Metropolitan Traction. Manhattan Elevated Michigan Central Lead National Lead Co. UL. 8. Leather, Pf: New Jersey Centr New York ‘Central . St. Low Northern Pacine Northern 7 North America: Ont. & Western Pacitle Mail Phila. & Rea Pullman Pal. Car Southern Railway, Pf Phila. ‘Traction. ‘Vexas Pacitic ‘enn. Coal & Union Pacitic Wabash. Wabash, Pid Wheeling & Wheeling & L. Erie, Western Union Tel Wisconsin Central. Sliver... Washingta erement Bonds. oS asked. U.S. 8, 1925, 112 bid, 114 asked. U, 112 asked. District of Columbia Bonds. bid. 30-year fund 6s, gold, 5 7s, 1901, currency, 110 bid. Water stock 7s, 1003, currency, 113 bid. 8.658, fandi bid. Bis, registered, 2-105, 100 bid. % Misceliancous Bonds, ropolitan Refiroad $s, 107 bid. Metropolitan Railroad cony. 6s, 112 Did, 113 asked. Belt Raiload 5s, 80 bid, 82 asked! Eckington Railroad €s, 95 bid, 101 Rsked. jumbia Railroad 6s, 113'bid, 113% asked. W: bh 4 Gas Company 6s, series A, 109 bid_ toh Gas Company ts, series B, 110 bid. ton Gas Company conv. @8, 120 bid, 125 U. 8. Electric Light conv. 5s, 120 isd. and Potomac Telephone Ss, 97 bid, 105 Americaa Security and Trust, 6s, F.’ and bid, 105 asked. “American Stcurity A. and O., 100 bid, 105 asked. Company ist Gs 109 Company imp. 6s, Company e: sat =e bid. Sen Eee - id. Vashington ht try let Se os ta ng, Ag) ry let Xational’ Bank Stocks.—Bank of Washington, 270 did. Bank of the Republic, 240 bid, - Metropolitan, 230 310 asked. Central, 270 bid. Burmers |, 195" asked. Second 180 bid.” Columbia, 125! Capital, 115% bid. “West End, 108 bid, 108 ‘Traders’, 984 Vid. Lincoln, 98 bid, Obio, $3 bid, 95 asked. Deposit and Trust Compant: Deposit and “rust, 125 ase, Trost, 117% bid, 119 asked. Americar, curity and Trust: 140'bid Railroad Stocks.—Capital ‘Traction Company, bid, 77 asked. Metropolitan, 95 bid, 100 acked Columbia, 5 bid. Belt, 10 aeked. Eckington, 12 bid. | Georgetown and ‘Reunaliytown, 12 id,” 80 asked. Gas and Electric Light Stocks.—Washington Gat bid. 48 asked. Georzetown Gas, 45 bid, asked. U.S. Electric Licht, 117% bid, 119 asked. Insurance Stocks.—Firemen's, 30 88 bid. Metropolitan, 70 bid. Corcoran, 5) Potomac, 6544 Arlington, 142 bid. American, 16) bid. National Union, 19 bid. lumbia, 11% bid. Riggs, 7% bid, Si asked. Peo- Baked, * Goupmeret “ty bia, Sie ark Title Insurance Si —Hteal Estate Title, 106 bid, 114 asked. Columbia Title, 6% bid, 74 asked. District Title, 7 bid. oe ia seater te st Me, © Fg Stock Exchange. —U. S. 4s, registered, 107 bid, 38, coupon, 108% bid, 110 asked. 8. bs, 1904, Water stock A., 100 and Trust Washington Market Washington Market Washington Markst % af att Miscells Stocks.—M. ithaler Linot; wie ae, amigo, 8c Tat,