Evening Star Newspaper, March 21, 1896, Page 2

2 EE EVENING -STAR, SATURDAY, MAROH 21, 189¢~TWENTY-FOUR PAGES. A JOINT RESOLUTION THE DONNELLY CASE THE PROPOSED SUNDAY LAW LATE NEWS BY WIRE Fresh Developments in the - Pearl Bryan Case. HER HEAD BELIEVED T0 BE FOOND Indications That Are Regarded as Suspicious. POLICE ARE NOTIFIED. COLUMBUS, Ohio, March 21.—Pearl Bry- an’s head is believed to have been identi- tied in this city. - Chief of Poz'ce Dietsch of Cincinnati has been notified by G. V. Wing, articulator of human skeletons for medical students, 84 North Washington avenue, to send full de- scription of Pearl Bryan’s head. Thursday morning early, while Wirg was still in bed, a man, who gave his name as Cole, brought a woman's head in a tin bucket to Wing's place. ‘fhe back hair was braided, the front hair combed back, and the color of the ha‘r, which is from sixteen to twenty inches: in length, is a beautiful brown. The hair on the left side was mat- ted to the head by blood. Wing’s susp!- cion was aroused that something was wrong for the reason that students do not present work in which blood is a feature of the subject. In addition, dry leaves were in the matted hair. The head looked as though it had been buried or frozen. ‘A medical student who examined it said tae head, in his judgment, had been sev- ered by a person who understood some- thing about surgery. The cleavage of the head from the body was made on a line with the chin, which would leave most of the neck on She body. On the back of the head, just where it was severed from the body, there is a cut in the flesh of the skull. Cole said he would call for the head in a day or two. He seemed to be in a great hurry, and nas not been heard from since. He said he wanted the bones preserved in good shape and not cut. Mr. Wing, after looking at the work in hand, decided not to articulate the skull, because he believed there was something crooked about the case. a The head in the pail was wrapped in a small blanket. Phe student who examined the head was C. S.-Burnside. The man who brought the head to the house was abcut five feet eight inches in height, had a small light mustache and would weigh probably 136 pounds. The presence of leaves in the hair and the fact that the back hair was braided led Mr. Wing’s thoughts to at once revert to the Pearl Bryan murder mystery at Fort Theras, Ky. “He remembered having read about the possitility of the head he- ing buried. and as indications pointed to the fact that the head which he had in his possession had been buried or pre- served in some like manner, he decided to ask some advice as to what he should do. Being advised by Frank Houghton and Chal Ferrall to notify the police Mr. Wing hesitated In doing fhis, but finally con- led that it would be best to at least orm some official person of his posses- sior_of the head, so Fe sent a telegram Friday to the chief of police of Cin- nati and asked a full description of she d of Pearl Bryan be sent him. A Dispatch reporter requested the head be bundled up and taken to a_ photo: ure might be ob- ily agreed to by who proceeded to bundle up the gruesome object. A remarkable coin- cidence occurred about this time which is worthy of note. In selecting a paper to in preparatory to placing fing picked up a ‘incinnati parer containing a ful’ account of the Pearl Bryan tragedy. The Columbus Dispatch recently publish- ed an extensive description of Mr. Wing’s place, a neighbor having complained to the health officers of the boiling of bones. ‘The substance of this statement was wired to Cincinnati and clsewhere, which leads Mr. Wing to believe that his place was found by Cole through these reports. copy WELL-KXOW! CHURCHMAN DEAD. Archdeacon George Anthony Denison of Taunton, Eng. LONDON, March 21.—The venerable Geo. Anthony Denison, archdeaccn of Taunton, is dead, aged ninety-one years. In 1532, as a result of a charge of preach- ing unsound doctrine, broveht against him ly Dr. Spencer, bishop of Bath and Wells, Dr. Denison who was then examining chaplain to the bishop, resigned the chap- lainey and preached in the cathedral at Wells sermons on the Real Presence, whica he published as his defense. Later, pro- ceedings were taken against the arch- deacon on account of matter contained in these sermons, and in 1856 he was s tenced to deprivation of all his pre ments. His sentence, however, was side upen appeal to th> court of arches on = pe it of law. Archdeacon Denison was editor of the Church and State Review at one time, and was chairman of the committees of the lower house of convocation, the reports the condemnation of * and of Dr. Colznso's ANOTHER TROLLEY CAR ACCIDENT. A Collision Between a Brightwood Car and a W There was a serious accident on the line of the Brightwood electric road about noon teday, when one of the cars collided with a country wagon. James Hearn, a colored man, who lives at Avondale, Md., was in charge of the team, and was crossing the track near the Piney Branch road, when the collision occurred. His wagon was demol’shed and he was cangeronsly injured. His horses escaped injury. The police patrol wagon was sum- moned and the injured man was conveyed to Freedman’s Hospital. He 's fifty-five years old. : ————_— RECEIVER FOR THE BOULEVARD. Question Whether the Baltimore Electric Road Can Issue Bonds. Application was made in the United States efrcult court In Baltimore yesterday hy F. DB. Smith & Son, one of the con- trolling firms engaged in building what is hrown as the Boulevard electric road be- tween Washington and Baltimore, for a re- ceiver for the Baltimore and Catonsville Censtruction Company and the Columbia and Maryland Railway Company. The pe- titloners say they were awarded the con- tract for constructing and equipping the read, which they were to have completed by Mareh 2, 1896. One-half of the pay- ment was to be in cash and one-half in the onds of the Columbia and Maryland Rail- way Company at the rate of 90 cents on the dollar, which bonds were to be a first lien on the property of the company. The firm @id four months’ work on the road, at a cost of $140,395, for labor and ma- terial furnished Smith & Son allege that neither the Con- struction Company, the Cclumbia and Mary- lard Company, the Edmiondson Avenu Catonsville and Filicott City Electric Rail- way Company nor the Maryland and Wash- ington Railway Company, all constituent companfes, has charter powers, nor do they collectively have charter powers to build a line of road, and for that reason the road could not be validly mortgaged. The firm say they are creditors of the construction company to the amount of $70,447.88 on ac- count of work and material. Work on the road was stofiped at Hyatts- ville yesterday, because of an injunction taken out by the Holliday Land Company, which claims the railroad is unlawfully oc- cupying land belonging to the land com- pany. Reward for Escaped Prisoners. Special Dispatch to The Evening Star. FAIRFAX COURT HOUSE, March 21.— Governor O'Ferrall has offered two re- wards of $125 each for the capture of Harry Poss and Thomas Henry, and $75 for A. J. Wheaton, the men who escaped from the county jail here Thursday morning. Sheriff Gordon recelved a telephone message from Mr. Atkinson, a police officer in Ale: that they Teele tee Peg ery Mcp iy Cul on a freight train, not tren much credit here. =e BONA-FIDE CIRCULATION. A reference to the statement be- low will show that the eiculation sworn to is 9 bona fide one. It is easily possible for a news- paper with an elastic conscience te swell its legitimate circulation enore mously, in order to deceive adver- tisers, by sending out thousands of papers to newsstaads, 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 circula- tions don’t give them. The family circulation of The Star is many thousands in excess of any other Washington paper and is be- lieved to be fuily five times that of our afternoon contemporary. Ctreulation of ‘The “Evening Star.” SATURDAY, March 14, 1896. MONDAY, March 16, 1396. . TUESDAY, March 17, 1596... WEDNESDAY, March 18, 1896. ‘THURSDAY, March 19, 1896 FRIDAY, March 20, 1996. Total..... Dally average........ 1 solemnly awear that the above statement rep- resents on!y the number of coples of ‘THE EVEN- ING Srak circulated during the six secular days end- ing Friday, March 94, 1896—that Is, the nufn- ber of copies actuatly wold, delivered, furnisned or mailed, for valuable consideration, to bona fide purchasers or subscribers, and that none of the copies 80 couuted are returnab‘e to or remaln in the office unsold. J. WHIT. HERRON, Cashier Evening Star Newspaper Co. Subscribed and sworn to before me this twenty-Arst day of March, A. D. 1896. BENJAMIN MARTIN, JR, Notary Publte, D. C. ZUELA’S CASE. amportant Papers and Mnps te Be Sub- mlited to the Commission. The last mail from La Guayra, just re- ceived in this country, contains the long- expected addition to the case of Venezuela as it will be latd before the Venezuelan boundary commission, which was prepared at Caracas. ‘The work was undertaken there by a vol- unteer commission, wo services were ac- cepted by the Venezuelan government, of collecting all of the material accessible in Venezuela bearing upon the boundary dis- pute. The matter so far collec! ed was promptly dispatched by the hume government to its minister here, Seno: Andrade, and while the documents themselv2s are now in New York, the advance mail has brought to Washington a complete list of the papers comprised in the first installment. There are thirty-two: copies of original manuscript records in the lot, but these, after all, are of secondary importance in comparison with the large number of maps and charts that have been gathered to sus- tain the Venezuelan case. In this first lot of matter there are no less than sixty such maps, and, in addition, there are references to almost twice as many additional charts, that may be readi- ly_obtained. This store of material will be turned over to the Venezuelan commission as soon as It can be put in order. SSS A TERRIFIC EXPLOSION. Ex-Colleeior of -Howard County, M4., One of the Killed. BALTIMORE, Md., March 21.—A special dispatch te the News from Ellicott City says: A terrific dynamite explosion occurred here today, resulting in the mangling and Killing of ex-Tax Collector John Clagett of Howard county, and a colored man employed on the grading work of the Ed- mondson Avenue, Catonsville and Ellicott City electric railroad. The latter's name is Lee Wiliams, and his home is in Chariestown, W. Va. So great was the concussion that dozens of windows in nearby dwellings were broken, and three mea, Philip Morningst: Josiah H. Jones and Charles Dilzel, who were passing aloag the road, ‘ifty yards distant, were thrown to the ground and so badly stunned as to render them unable to walk for a little tim. Goods in a number of stores in the town were thrown from the shelves, and several window panes in the town hail were shat- tered. ——————— BETTING AT ST. ASAPH’S. Commonwentith’s Attorney Johnson Uncertain as to His Course. Special Dispatch to The Evening Star. ALEXANDRIA, Va., March 21.—It looka very much now as if no arrest will be made of the officials of the Virginia Jockey Club until an indictment, which is being prepared by Commonwealth Attorney John- son and his assistant, Marbury, is obtained. Commonwealth Attorney Johnson is at the track, and in conversation with a Star man said that he could not say whether any arrests would be made today, but that he was awaiting the arrival of Mr. Marbury from Alexandria, as he desired to have another consultation with him before anything definite was decided upon. There are about 200 persons at the St. Asaph track this afternoon, and the re- celving of commissions for the races at St. Louis and New Orleans is going on as usual. THE “DIVISION” NERVOUS. The Keepers of Houses There Anx- lously Awaiting Developments. ‘The convicticn of “Willie” Gilmore on a charge of keeping a bawdy house has had the effect of demoralizing the business in the “Division,” for no matter what is the intention of the police, the women will naturally fear the worst. Since the raid was made last Sunday a number of the women who conduct these houses have called upon the police and asked whether or not their houses were to be raided, but this question the police would not answer. “If you are violating the law,” they were told, “you may expect to get raided.” The policemen on the “Division” beat are watching the houses closely to see if there is any evidence that liquor is being sold, and these houses out of which intoxicated ren are seen to come will, in all proba- bility, be blackiis*2d. The women who ure still conducting the houses are living in fear that Judge Miller will impose a jail sentence. If he does, the police think it will have the effect of driv- ing many of the others out of business, for they fear going to jail, but do not mind the payment of a fine, whith members of the sccial purity organizations think would amount to no more than an imposition of a license tax. Just what the police expect to do other than make liquor raids on the houses is not known, but when such raids are made rd no eviderce is found the police will, in all probability, prefer the more serious charge of keeping a bawdy house. ‘Tonignt, the police think, matters will be unusually quiet in the “Divsion,” but in cases where the sale of Hquor is suspected they may take the names of those seen visiting the houses and they may be called upon later to give evidence. ————— ecutrix Named. By the will of the late Charles Addison Mann, dated August 27, 1834, his widow, Mary E. Mann. is appointed executrix and made sole beneficiary. 3 —_— Articles of Incorporation. Articles were filed today by Leopold Star- gardter, Isaac Newman, Simon Manasas and Gustave Oppenheimer, incorporating “the Oppenheimer .Company,” for the machines, e! iar aes Fe at $5,000, each. ~ ee Action, Just before the Senate adjourned yester- day Senator Morgan, who reported’ the Cuban resolutions originally, introduced the following joint resolvtion: Resolved by the Senate and House of Representatives of the United States,’ in Cergress assemblea, That it is hereby de- clared that a state of public war exists in the Island of Cuba between the govern- ment of Spain and the people of that island, who are supporting a separate government under the name of the Repub- lic of Cuba, and the state of belligerency between said governments is hereby recog- nized. Senator Hoar asked if the resolution came from the committee on foreign rela- tions. “It mes from the Senator from Ala- gama,” responded Mr. Morgan. “A highly estimable source,” said Mr. Hoar, who has notably criticised the com- Mittee of late. “I am obliged to the Senator,” answered Mr. Morgan, bowing. ‘I assure him that I intend to press the resolution.” Will Call It Up Monday. + At Mr. Morgan's reques?, the resolution was ordered printed, and was iaid on the table. He announced privately. later in the day that he proposed to call up the matter Monday, regardless of the confer- ence report on the concurrent resolutions now fending. The rules of the Senate per- mit this to be done in the morning hour, but it is an easy matter for the opposi- tion to debate the resolution up to 2 o'clock and thus send it to the calendar. This, however, eis by no means an unsurmount- able abstacle to its success, for a majority cap at any time vote to take it from the calendar and make it the unfinished bus- iness of th> Senate. So that its fate de- pends entirely upon its following, what- ever may be the parliamentary pitfalls Frepared tor it by the rules. And just in the same degree does its final treatment depend upon the persistence of the op- pesition debate. The rules permit unlim- ited speeches, and, as in the case of many measures heretofore prolonged before the Senate, a few determind talkers may keep the resolution pending for many weeks. The ordinary course is for a joint resolu- tion, which is regarded in about the same light as a bill, to be referred immediately upon {ts introduction to the appropriate cemmittee. This, however, is not required by the rules, which provide that ‘no bill or joint resolution shall be committed or amended until it shall have been twice read, after which it muy ‘be referred to a committee.” This leaves it discretionary with the Senate. The motion to commit is debatable. Significance of the Action. The introduction of this resolution by Mr. Morgan fs particularly significant. It indicates that there has come a change of sentiment among certain Senators as to the propriety of putting the Cuban ex- pressions in the form of a mandate of law, requiring the approval of the President to obtain force, or, failing that, the assent of two-thirds of each house. When the committee on foreign relations first re- ported the concurrent resolutions that went to the House the question was put why this form of legislation was chosen, and Mr. Sherman answered that it had been deemed unwise to give the resolutions a form that would require the President to ct upon them in ten days. . Since then more than four weeks have passed, and it is asserted by the advocates of administrative action favorable to Cuba this objection has been overcome by the lapse of time. The President, it is urged, has had ample time to inform himself since the houses acted, and a joint resolution is now regarded by many Senators as a log- ical necessity of the situation. Should It Pass. Should the joint resolution pass and then receive the presidential sanction the grant- ing of belligerent rights would follow as a matter of course. Should it be vetoed, how- ever, it would then require sixty votes in the Senate and 238 in the House to give it the force of law, for the Constitution re- quires that a bill passing over a veto shall receive the assent of two-thirds of the Sen- ate and House. This dees not mean two- thirds of those voting, but of the entire house. The concurrent resolutions passed the Senate by a vote of 64 to 6, and in the House there were 203 yeas to 17 nays. It is a question whether a jo!nt resolution would command as much strength. eo END OF THE POLE CASE. A Conviction on One Charge and an Acquittal on the Other. The case of the District of Columbia against the United States Electric Lighting Company, charged with erecting a pole at 15th street and Pennsylvania avenue with- out a permit, and with unlawfully main- taining a line of poles on Isth street, was disposed of late yesterday afternoon by Judge Kimball in the Pelice Court. On the first charge, that of occupying pub- le space with overhead wires, the court saw nothing on which he could hold the de- fendants, and accordingly dismisséd the charge. The’ second charge, preferred against Linemen Bashford and Scarion, covering the tearing up of the sidewalk and erecting a new pole, Judge Kimball sus- tained, holding that the act was unauthor- ized and unwarranted. In view of the cir- cumstances, however, the court decided not to impose a fine, but to release the defend- ants on their personal bonds. This morning Lawyer Reddington and the defendants Scanlon ard Bashford were in court, and counsel stated to the court that, after a conference with his colleague yes- terday, he had determined to give notice of a motion for a new trial. Judge Kimball sald he announced yester- day his finding in the case. When making his remarks he was, he said, so tired and brain-weary that he feared he had not made himself clearly understood. This morning he desired to tell why he concluded to take the personal bonds of the two men found guilty. “I have no question that the fw required the obtaining of a permit for the erection of the pole," the judge sald, “and that the tearing up of the streets for any purpose whatever must be done under the super- vision of the District Commissioners. While there is no question about the guilt of these defendants, yet I think the case pre: such facts that no fine ought to be impo: The judge said that the proof had dis- closed the fact that there was a dangerous pole at Pennsylvania svenue and 15th street, owned by the Western Union Tele- graph Company, end used jointly by that company and the United States Electric Light Company. A permit to put a new pole in its place had been refused by the Commissioners, who believed trom reporis that tne conduit on 15th street could be used to get these overhead wires under ground. “In this belief,” said the court, “the Com- missioners were mistaken, as the testimony shows. Mr. Thomas beirg refused permis- sion to erect the pole, and understanding the legal responsibility should tke pole fall, proceeded to erect the nev one.” The judge said he could understand the reasons which Influenced the work, and while he sustained the law, he did not feel disposed to impose a fine. In conclusion, the judge said he had sus- tained the authority of the Commissioners over the streets, but the excuses of Capt. ‘Thomas are of such a rature that they ought to be corsidered in the matter of im- posing a fine. 3 Mr. Pugh, who was the only representa- tive of the District in court, said that the law contemplated daily prosecutions and provided a penalty cf from $25 to $50 a day. He wanted to Know if tne court would hold the company’s excuse valid should daily prosecutions be started. Judge Kimball replied that he would not. The company, he said, must get its wires underground, or get from the Commission- ers permission to maintain the pole. = Counsel for the defendants have four days in which to file a motion. for a new trisl, but it is generally believed that they will have the case certioraried to the upper court, as they do not agree with the court’s ruling on the law. ee Nebraska farmers sre delighted outlook of this year’s crops, with the Urged Thag the Original Decision aWas Final. OTHERY.DISTRICT NEWS : sake SUED, The postpcned hesring of the Donnelly Hquor case took place this afternoon before the excise board. Messrs. Nathaniel Wil- son and John W. Thompson represented the opposition, while Messrs. W. F. Mattingly and F, E. Alexander looked after the in- teresta of Donnelly. Chairman Johnson read a statement of the case, and Mr. Mattingly followed. He maintained that the question was taken up and carefully considered by the board of Commissioners when they constituted the excise board, and having once been determined could not be taken up evéry year and gone over again. He had looked into the case with more than an attorney’s interest. From the statement of ex-Sec- retary Foster, he had heen led to believe that the, place kept by Donnelly was a lew saloon. He had visited the place and found 2 neat, clean, inviting grocery store, where liquors were sold in connection with the legitimate sale of groceries. The place was not objectionable in any sense of the term. Touching tke arrest of Donnelly, Mr. Mattingly said even were the charges true he had abancened the bar room business years ugo, and a man certainly had a right to repent. The fight had been going on between him and Mr. Thompson for years. Some years Donnelly received a license ard some years he failed, but he always depos- ited his license fee. Mr. Mattingly read a lengthy petition from residents and prop- erty holders in the immediate neighbor- hood setting forth that the place was not objectionable. A large majority of the signers were residents of 14th strect. ~ Never Without a License. Mr. Matting!y exhibited a receipt from the coilector of taxes, dated October 26, 1892, the time the applicant made his de- posit for a liconse. There never was a mo- ment, Mr. Mattingly maintained, that Don- nelly was without a license. Moreover, he read a letter from Sccretary Tindall, dated February 6, 1893, notifying Donnelly of a hearing: that the Commissioners would give him on the 11th instant. Later he was informed that no hearing would be given until Donnelly had pald the fine that ac- cumulated and gtcod against him. There was no reason fh the world, he said, why Mr. Donnelly should pay these fines unless he had assurances that his lcense would be granted. An opinion since then, said Mr. Mattingly, demonstrated that the court had no jurisdiction and the fines were il- legally collected. A few days after the fines were paid the act of Congress was passed whictr required all persons hold- ing licenses take out a license under Gs of Appeals skortly afterward held that nses issued before the passage of the act were good. After the passage of the act the Commissioners notified all per- scns having applications pending to take out Heenses under th woact. Mer h tion was filed. other notice was served on Donnelly, which, Mr. Mattingly argucd, recognized that Donnelly had a bending application at the time. The ques- don whether 4 pending application was equivalent to having a license was ex- cane by the Commissioners and decided n 5 A Favorable Official Opinion. Mr. Mattingly read an opirion from the attorney for the District, in which it was held that Donnelly was cilgible to a license. Even had the excise board rejected his ap- plication, Donneliy could never have been Progecuted for selling without a license, be- cause his license fee was still withheld. It Was not proper that Donuelly should call and get his deposit, bat it was clearly the duty of the Commissioners to send the de- posit to Donnelly. Mr. F. Alexander wes sworn. He was counsel with Mr. Mills Deane ‘4n the case, and at the time of the passage of the law of March 3, 1594, Donneily’s casz was still pending. It was upon his advice that fines were paid because he had rez2fved an intimation that as long as these fines vem case could not be consider Upon cross-examination Mr. Alexander said Commissioner Rosa, about a week Le- fore the act of Marcn %, 184, was possed, had intimated to him that the case of Don- nelly would not be considered until the Judgment of the vourt on the fines was passed, ; License es Willams testified to send- Ing a notice to Donnelly after the passa; of the act of March 3, 1894. pees Mr. Ross as a Witness. Mr. Mattingly called Commissioner Ross as a witness. Mr. Ross testified to being a member of the excise board in 1804. At that time the matter of the nearness to the Emerson Institute and the question of a Previous license was raised against Don- nelly and a license was afterward granted. In reply to a question from Lawyer Wil- son, Mr. Ross stated that if he were per- mitted to examine the papers a moment he could tell upon what consideration the Hcense was granted. It was his recollec- tion that in view of the fact that he had a license the previous year the Commissioners grented the license. He could not recail the letters that had been written in the case. Rep!ying to a question from Mr. Matting- ly, he sald a notice to applicants to call and get a new lIicevse under the act of March 3, 1804. was indicative of a pending appli- cation for Heense. Messenger James Harris, who was con- nected with the excise board at the time the Commissioners constituted the board, testified that the Cummissioners were late at office one day in the early spring of 1893. He was called to the telephone and told to notify the polle2 not to interfere with the applicant. The Commissioners gave him the notice, and he called to Lieut. Amiss and told him the Commissioners or- dered him net to interefere with Donnelly until further orders. In Opposition to Donnelly. ‘The applicant rested _his case and Attor- ney Wilson for the protestants followed. The law of March 3, 1891, was passed at ‘the earnest solicitation ofthe Commis- sioners, who?pginted out the necessity for new legislatiog§ by citing the case of Don- nelly. Donne's place ‘was within 400 feet of a sc! house. There was no de- nying — thi Khe question was whether Donnelly had @ license at the time of the Passage of tlig law. The license granted after the \passage of that act was based upon a misunderstanding. He did not ad- mit that Be applicant could be considered licensed wi 0 as fot actually licensed. Nor e think a pending application could be considered a leense,” “PPlication, He read the notice of rejection by the Commissioners, which, he maintained, ter- minated the license. The mere sending of a notice to Donnelly to come get his money did not change the fact that the license had been rejected. A pending application could not be considered a license. Mr. Wilson was still speaking when The Star's report closed. “Orders for Work. The Commissioners today issued the fol- | lowing orders: That the dontract for paving D street southwest between 7th and 9th streets be awarded to the Washington Asphalt Block and Tile Company, to be paved on gravel base. ‘That forty-two feet of twelve-inch pipe sewer, with one manhole, be constructed across 22d sf at P street northwest, to serve as an outlet for sewer to be laid in P street; estimated cust, $120, chargeable to current appfopriations for main and pipe sewers. z —-—__ : A receiver has been appointed for the Portsmouth Cotton Manufacturing Com- pary on application of Philadelphia credi- ed unpaid his: Bev. Dr. Elliott Explains Why. It is Urged. Congress Simply Asked to Revise a Law Long in Ferce—The Need for Suck Legislation. To the Editor of The Evening Star: ‘Will you kindly allow me to make in your columns some statements with reference to the proposed Sunday law which was considered by the Commissioners of the District of Columbia on Wednesday last? First—What is the proposed law? It reads as follows: A bill to further protect the first day of the week as a day of rest in the District of Columbia. Be it enactéd by the Senate and House of Representatives of the United States of America in Congress assembled, that It shall not be lawful for any person to keep open any place of business or maintain a stand for the sale of any article or articles of profit during Sunday, excepting apothe- caries, for the dispensing of medicines, and undertakers, for the purpose of providing for the dead, or others for the purposes of charity or necessity; nor shall any public playing of foot ball or base bali or any other kind of playing, sports, pastimes or diversions disturbing the peace and quiet of the day be practiced by any person or Persons within the District of Columbia on Sunday; nor shall any building operations or work upon railroad construction be law- ful upon said day; and for any violation of this act the person offending shall, for each offense, be Mable to a fine of not less than $5 nor more than $50, and in the case of corporations there shall be a like fine for every person employed in violation of nls act laid upon the corporation offend- in ra That It shall be a sufficient defense to a Prosecuticn for servile labor on the first day of the week that the defendant uni- formly keeps another day of the week as u day of rest, and that the labor complained of was done in such a manner as not to interrupt or disturb other persons in ob- serving the first day of the week as a day of rest. At the hearing on Wednesday, objection having been made to the words “or main- tain a stand,” it was agreed by the un- dersigned that those words should be stricken out at the discretion of the Com- missioners. It was also agreed that for the words “place of business” there should: be substituted as less ambiguous the word “store.” One of the kpnorable Commis- sicrers pointed out that the words “place of business” might be construed to include railroad offices and other like offices, and though no such construction seems to have been put upon that portion of the law when enforced in this city érom 1864 to 1888, the objection prevailed. Not a New Law. Second—How much of the law quoted above is new in the District? To this the reply is that the first half of the proposed law is almost word for word an ordinance of the corporation of Wash- ington, which, from 1864 to 1886, was en- forced in this city. At the latter date, in the case in re Standiford, it was declared invalid, because it had not received the mayor's signature. This ordinance hav- ing thus dropped out of its place Congress ts asked to replace it. Special attention {s called to the fact that It is this ordinance of the corporation of Washington, declared invalld by the courts, to which Congress is now esked to give validity. The statement has several times appeared that it Is the Maryland act of 1725 which Congress is asked to re-enact, or to amend so that It can be enforced. This is a mistake. It is true that the Maryland act cannot be enforced. At first the “forfeit” prescribed was “two hundred pounds of tobacco.” In 1780 the Maryland assembly enacted that the “forfeit” shall be “paid and discharged in tobacco at the rate of twelve shillings and sixpence ver hundred, and in specie, rating Spanish dol- lars at seven shillings and sixpence, and gold and other silver in proportion or in new bills at the passing value, at the el2c- tion of the person charged therewith. Here again the “forfeit” is such as to make |. the law inoperative. Nor does the writer krow of any one among these whom he reprerents who wishes to make the Mary- land _act operative. Not the Maryland act of 1 but the ordinance of the corpora- tion Washington of 1864 is what the fcregoing bill ccntains and seeks to replaze in the lexzisiat‘on for the District. And the bill _ given above, from its beginning down to the words ‘harity and necessity,” is the curporation ordinance of " and the change of “Sunday.” The latter change is made in order that the language of the bill may «conform to the language of the Constitution of the United States, ar- ticle 1, section 7, subsection 2. Reasons for It. Some reasons fo> asking Congress to give validity to this old ordinance are as fol- lows: Under its protection the District for some tweity years enjoyed on the whole great quietness on Sunday. It is a law already known and familiar, if not in Its terms, at least, by practical com- pliance with It. It has the prestige of prior statutory enactmeat, and caa repel the charge of d and uncertain legislation. This law owes its existence to the corpor- ation of the city of Washington, a corpor- ation elected by the suffrages of the peo- ple, and expressing in legislation what they had reason to believe to be the will of the people. = It is io. be clearly understood that these reasons apply only to the first half of the bill. The remainder of the bill is new in the District. Third. What constituency does this bill represent? It has been said that the writer in appearing for this bill represents only the Churchman’s League. But he has the respensibility of appearing for a much larger constituency than that body of very influential laymen and of clergymen. It is true that the movement began in the league, and on the statement that in the alcence of any law whatever forbidding the opening of stores on Sunday many were being opened. But when the commit- tee appcitted by the league reported sub- stantlally the bill given above the com- mittee was ordered to request pastors of churches of every name in the city to meet at Willard’s Hall on December 9, 1595, each pastor bringing two members of his con- Breeation; and then ccnsider the suggested law. ,The meeting was representative of the churches generally, though not unfversaily. It cordially indorsed what the league had proposed, and made a few additions, which are incorporated in this Senate bill. The presiding officer, Judge Bradley, was charged with the appointment of a com- mittee to present the bill to Congress. Be- fore the committee had acted, the Morse bill was presented. When the defeat of the Morse bill seemed evident, the bill as Proposed at the Willard Hall meeting was presented in the Senate. It is a mistake to call it exclusively a ministers’ bill. - Need for Legislation, Fourth. What is the need for the pro- posed legislation? Should every store in the city of Washingtcn be open tomorrow for the sale of articles, there is no law vbich could close any of them, except stores for the sale of liquor. If it be sald that public opinion or self-restraint will suffice without law to restrain such open- ing, the reply is that general if not uni- versal exper‘ence in other cities shows that such moral considerations do not suf- fice, and it is now frequently stated that experience in Washington shows the same thing. It is frequently stated that since the corporation law was declared invalid in 1886 the Sunday opening of stores is on the increase. Indeed, the good people, edi- tors and others, who would trust to public sentiment to protect the rest day, are per- haps not aware that there are now seven laws—four enacted by the corporation of Washington and three by Congress—of force and enfarced in the District. So late as 1893 the act of Congress was parsed closing bar reoms on Sunday. Then and before public sentiment was impotent to close them. And there is on Sunday in this city no crying aloud of articles for sale except newspapers, if cabs and other ve- hicles do not occupy public stands or wait on the streets for fare, if there is no shvot- ing—then before all this is credited to pub- lic ——— let it pe semembered that all these are forbidden ‘Ww, and that by act of Congress “it shall be the duty of the board of t at all times of the day night to see that all_ laws to the of Sur day cre promptly enforced.” Genial editgrs looking cut upon the world from very high-toned Some of the Local Happenings South of the Potomac. “ier. John 'T. Campbell, who resides at No. 111 11th street scuthwest, Washington, ap- Peared at the station house in this city yesterday afteroon and requested Chief Webster to look out for a negro boy named Joseph H. Butler, who had robbed him of $22. Mr. Campbell said that Butler was employed in his house as a dining room servant, and that on Thursday he took a pocket book containing $22, which Mrs. Campbell accidentally left in the carriage. He was arrested by Officer Ferguson at his home, on Queen street, and taken to the station house, where Mr. Campbell- iden- tilled him as being the man. Butler em- phatically denies the charge and says that he will proceed against Mr. Campbell for blackmail. He was turned over to the Washington authorities today. Police Court. Mayor Thcmpson this norning had sev- eral very interesting cases before him for trial. John Underwood was charged with being drunk and raising thunder gencrally in the Whitechapel district last night; his case was continued until 7 o’clock tonight. Fitchet Davis, French Jones, Isaac Moor- man, William Brooks and Robt. Davis were charged by Barney Mathews, gatekeeper of the Pennsylvania Railroad Company at Princess street, with having stoned him; they were fined $1 each. Wm. J. Laurence, charged by Officer Proctor with being drunk and using abusive and indecent lan- guage, was fined $5. James Lucas, who as- saulted and cut Ben. Henderson, colored, with a knife on the 224 of February last, was dismissed, as it was shown that the cutting was done in sclf-d2fense. Joseph H. Butler is held for the Washing- ton authorities, charged with having rob- bed Mr. J. T. Campbell of Washington of $22, and William Woodward for the county authorities for assault and beating his wife, Mary Woodward. Charter Granted. Judge J. K. M. Nerton of the corporation court yesterday granted a charter of in- corporation to the Emerson Bag and Paper Company, the object of which is to make and sell parchment »egs and paper. The capital stock is not to be more than $5,000 nor less than $1,000, and the officers are Thomas O. Hills of Washington, presi- dent, and H. C. Emerson of this city, vice president and general manager. Notes, Mr. Edgar Warfield yesterday received a telegram from New Orlcans stating that Mr. Wat. T. Cluverious, formerly of this city, is thought to be dying. Cards are out for the marriage of Mr. George Warfield and Miss Nellie Hudso which will take place in the Methodist Church South on ‘Tuesday, March 31. Messrs. Harry Calian, C. P. C. Tunber- man and Richard Gibson have returned from Richmond, where they went to attend the pharmaceutical examination. Mr. S. G. Brent last night reported to the police that some one had stolen a door mat from his residence on Columbus stree’ Wednesday night Officer Proctor arreste a man for using profane language. At the station house the prisoner gave his name 2s Wm. J. Laurence of Washingten, and nt an extra session of the police court held last nizht the mayor fined him $5, which he paid. THE BAYARD CENSURE. The Vote by Which the Resolutions Were Adopted. As stated briefly in The Star of last even- Ing, the House yesterday adopted both of the resolutions relating to the speeches of Ambassador Bayard in Great Britain. The first resolution, censuring the ambassador, was given 182 ayes and 72 nays. With few exceptions the vote was on party lines, the republicans supporting the resolution and the democrats opposing it. Five repub- licans, Messrs. Draper of Massachusetts, Pitney cf New Jersey, Willis of Delaware, Baker of Maryland and Cooke of Mlinois, joined with the democrats on this vote. while six democrats, Messr: Bailey of Texas, Cockrell of Texas, Cummings of New York, Latimer of South Carolina, Lay- | 1 ton of Ohio and Sorg of Ohio, and one sil- | ver man, Mr. Newlands of Nevada, voted with the republicans for a censure. The second resolution, declaring against the delivery by American diplomatic offi- cers abroad of speeches reflecting on po- litical conditions at home, was adopted, 192 to 59. The republicans voted solidly in {ts support, and with them were the following named democrats: Mesers. Allen of Missis- sipp!, Bailey, Hutcheson and Pendleton of Texas, Layton and Sorg of Ohio, Owens of Kentucky and Stokes of South Carolina, and Messrs. Bell, Newlands and Stroud, populists. Inadvertently It has been erroneously stated that Willis of Delaware was the first republican to speak in opposition to the resolution of censure. Wednesday Mr. Draper of Massachusetts, a member of the committee on foreign affairs, addressed the House for the purpose of arguing against this resolution, and-it was he who first re- quested the separation of the two proposi- tions. 2 To Remove the Poles, The Commissioners have ordered the Po- tomae Electric Light Company to remove all the urset poles lying between Tenley- town and Eckington. This practically ends the efforts to construct an overhead line of wires in the county, for a time, at least. The poles were distributed almost over the entire section, and the work of erecting them was hastened along, until stopped by @ restraining order from the court. The poles were erected along the Woodley lane and the Klingle roads as far as Connecti- cut avenue extended. The court's decision annulled the permit of the Commissioners, and the work was stopped. —— Dr. J. C. Moore's Cane. NASHUA, N. H., March 21.—In the su- preme court here today, before Judge Wal- lace, demurrers were heard in the three last indictments against Dr. J. C. Moore of Manchester, charging him with an over- issue of the stock of the Union Publishing Company of Manchester. Judge Wallace reserved his decision, ss Baltimore Markets. BALTIMORE, March 21.—Flour dai receipts, 11,51 iy—spot and numth, 72072 , 69 asked —stock, 112,145 bu: southern wheat Je do. on spol, month and Apri do., 244k od bushels, 4546 western—-stock, good demand for Grain freights butter frm, ui Cheese steitds, steady, ‘hoice timothy, $16.00 bid, “ seule uw ee Sugar and mchanged. weal unchanged. auchanged. Whisky unchanged. © seed we alneee, Grain and Cotton Markets, Furnished by W. B. Hibbs & Co., 1421 F street, members New York stock exchanze, correspondents Messrs. Ladenburg, Thal- manv & Co, New York. GRAIN, ‘Open. . Low. Close. Wheat— May Ca Tee ae or: BR Bek Se Be Oate—May. a pear ¢ Et a 2) ay 2021 Pork—Mas.- 9. “925 “Ht an Fr 940 945 935 9. Lard—May. 632 6.32 Sul. 545 5.47 he 491 407 Siz 5.12 Month, Hien. g Yar et Tone Saly. FINANCE AND TRADE Tobacco and Chicago Gas Were the Features, —_.—__ GREAT DULINESS IN THE “STREET Regarded as a Good Time to Sim- ply Await Events. GENERAL MARKET REPORTS Special Dispatch to The Evening Star. NEW YORK, Merch 21.—Outside of the . ~ continued manipulation of American To- bacco, and the strength of Chicago Gas, there was no change in the speculative con- ditions that have obtained for the past month. The “street” is now talking of lit- tle else than the commercial situation and attributes the dullness in stocks and sag- ging prices to it. In view of the prevailing apathy it is plainly no time to bull stocks, at the same time as the weeding out of weak concerns is the result of past events it is obviously unwise to get bearish. It is plainly a wait- ing situatien, which may be improved as the weather becomes more seasonable, and the dissolution of a “campaign year” Con- gress approaches, and is plainly a time to exercise patience and discrimination. The weekly statement of the associated banks shows to an extent the transfer this » week of four and one-half millions of gov- ernment special deposits from the banks to the subtreasury. The transaction fs not fully reflected, as the bulk of the money was not paid in until the last two days of the week. The decrease of $2,500,000 in reserve brings that item down to about $1,000,000 as against $17,500,000 same date last year. As a con- Sequence the money market has hardened somewhat at this center, but is reported easier at Boston and Philadelphia. The statement in detail is as follows: - Reserve, decrease. Loans, increase. 890,400, Specie, decrease. 2.228,800, Legals, decrease. ‘Bi4.200 Deposits, decrease. 1,751,400 36,800 Circulation, decrease >. FINANCIAL AND COMMERICIAL. _ The following are the opening, the highest and the lowest and the closing prices of the by Corson & Macartney, members New York steck exchange. Correspondents Messrs Moore & Schley, No. 80 Broacway. Open. Tigh. Low. (hic, K. 1 & Pacific. Del., Tack. & W. Delaware & Hudson R Pr Loug Isiand Tract Metropolitan Traction... Xx National Lead Co.. Pid. Pallman Pal. € Soutuern Kailway, Pfd. Patla. Traction, ‘Texas Pacific ‘Veni vheeling & 1. Wheeiing & L. Wesjern Union ‘t Balto. & Ohio. Shiver... —— Washington Stock Exchange. rgular calt—12 o'clock m.—Metropolitan $1,000 at 118. American Security and at 102. National Safe os and : 10 . nt! ‘Trust, 10 American Gr: ath al 23 cents, Mergentheler 1 L114, 10 at 114%. ton Mouotype, verument Bonds.—U. 8. 4a, registered. 108 i 1094 asked. U.S. 4s, compon, 110% Did, 111 asked. U6, bid, 74 asked. TU. 8. ke. ar fund Ss, 108 |. Water stock ellaneons Tonds. —Metropstizan Metropolitan Railroad conv, Belt Ratteoad Se, $5 asked. B, Tio bia. id, 126 a Q bid, Metrop . bid. “Farmers and Mechan- asked. Second, 133 133 bid, Columbia, m West End. 107 bid, 5 Lincola, i00'g bid, 206 asked. asked. : mn rust, Companies. — Deposit and 0 Did, 325 asked, Loan and Trust, "119% bid, 121 asked. Secwrtiy und Truat, 146 bid. Railroad Papital: Traction Com Stocks, ax and Electric Light Stocks.—Washington Gas, 41% Did, 44 asked. Georgetown Gas, 41 bid. U. S. Electric Light, *116% bid, 118% asked. Insurance Stocks.—Firem-n's, 30. bid, Franklin, 3X did, 8 asked. Sig asked. Comin tle Insurance Ste : Did, 110 asked. Columb 4 Mid, 74 asked. Washington Titte, 3 bid t ‘Title, Ty wid, 11 asked = ‘Telephon> Stocks.—Dennsylva ke and . 51 bid, asked. “American Graphonbone, 53_ bid, asked. Pneumatic Gua Carriage, 23h asked. tiane -Mergenthalor Linotype “id M i 13 bid. THE HANCOCK STATUE. Probably Be in Position © Stipulated Time. The act making appropriation for the Hencock statue provided that it should be erected under the supervision of a com- mission ccmposed of the Secretary of War, Senator Mills as chairman of the Senate ccmmittee on library, and Senator Cockrell. All the arrangements for the statue were made by Col. Wiison of the corps of en- gineers, under the direction of this commis- * sion. It will be for that body to arrange for the unveiling of the statue, to tix tho date and prepare a program of exercises, provided such a course of action is decided upon. Under his contract Mr. Ellicott, sculptor, has until April 23 to get statue in position, and there is no room for doubt as to his full ability to do so, inasmuch as it will take only a few days to assemble the statue. the Mortgage on the Tenleytown Railroad A mortgage on «ts stock, franchises and property of all kinds was filed this after- noon by the Georgetown and Tenleytown Railway Company to the American Security and Trust Company to secure the issue of * $30,000 in bonds, payable February, 1904, at 6 per cent per annum. 4