Evening Star Newspaper, November 27, 1896, Page 1

SS —— THE EVENING STAR. PUBLISHED DAILY EXCEPT sUNDAY, AT THE STAR BUILDINGS, n Pounaylvania Avenue, Cor. berth by ing Star Ni. x Company, 8. H. KAUPFMA IN Pres't. Kew York Office, 40 Potter Building.” ‘The Evening Star te served to subscribers tn the ity by carriers, on their own account, at 10 cents ber or 44 cents per mouth. es at the Sere See a ee cnr iore ie the ted States or Canada—postage prepald—60 cents mont! Sheet Star, $1 r with en ela per year, postage Entered at the Post Office at Washington, D. C., ae second-class mail matter. TF All mail subscriptions must be paid In advance. Rates of advertising made known on application. $= No. 13,647. WASHINGTON, D. ©, FRIDAY, NOVEMBER 27, 1896—SIXTEEN PAGES TWO CENTS DEMOCRATIC TACTICS Representative Sayers Opposed to Obstruction. PLANS FOR THE couING SESSION —_+—_—_. He Favors Giving the Republicans a Chance. TO TEST THEIR TIEORIES Representative Sayers of Texas. is in Washington for the winter. Mr. Sayers is the leader of the democrats on the appro- priations committee, and is one of the wise men in his party’s councils. He takes a conservative view of the po- litical and legislative outlook. Speaking with a Star reporter this morning, he said that he though that the policy of the op- position should be not to obstruct legisia- tion that the republican majority desired to enact in carrying out the policy they wen their victory on at the recent election. “While we should stand cur ground,” he said, “and vigorous! antagonize those things we do not approve cf, the majority should be giventa fair show to put into operation speedily those policies they are pledged to. I do not think that there will be anything of importance done at this ses- sion besides the passage of appropriation bills. The Important questions will come up at an extra session. I think there is some doubt as to what the republicans will try to do, and I do not care to discuss that. They may try to accomplish all they want by means of tariff legislation. What our policy should be seems clear, It ts not right that the country should be kept on the edge of uncertainty. No factious op- position should be thrown in the way of legislation. Our opposition should not reach the point of obstruction. There are two good reasons for this. In the first place, the way to prove or to disprove a thing is by practive. If the policy of those who believe in high protective tariff and geld standard is going to bring prosperity to the country, the sooner that prosperity comes the better. The country is entitled to it. If it 1s not going to bring prosperity there should be no room left for the excuse that it was not given a fair trial; that through the fault of somebody else the ma- jerity were not able to do what they in- tended to. If the republicafs are given a ir chance and fail to fulfill their prom- ises, the people of this country will surely try_the silver policy. “There has surely something got to be dene. Down in my country, which fs one of the most productive in the world, and has an industrious population, they Just do not know what ic do for want of money. The cottoa crop is short and yet the price is so low that they cannot make anything out of it. The price went up before ele tion, ut has fallen since. k “The situation is distressing. When in- dustrious people cannot sell their cotton for enough to pay the expense of the crop and to buy the clothing they need, and to supply themselves with cornmeal, it is a bad state of affairs.” . Mr. Sayers is accompanied by Mrs. Say- ers, and they are stopping at the Riggs. ——_-e+___. MORE SHIPS WANTED. Secretary Herbert Will Ask for Them in His Annaal Report. Secretary Herbert has nearly completed the preparation of his annual report, and it will be made public Friday next. It contains an elaborate review of naval oper- ations during the present administration, and makes an excellent showing, especially in the matter of the “increase of the navy.” Although good progress has been made in the building of a creditable navy, that important department of the govern- ment is susceptible of many improvements, the principal of which is more ships and more men to manage them. Although not officially admitted, it is understood that Secretary Herbert asks for authority for the construction of three more battle ships and ten more torpedo boats, at an esti- mated cost of $10,000,000. A battle ship cests about $3,000,000, and a torpedo boat about $100,000. Appropriations for this work are not made at the time, but author- ity is granted for the construction, the ex- pense being met by yearly allotments for work pending. Last year the appropriation was $13,000,- 000 for the increase, and Secretary Herbert will probably ask that the allotment made during the coming session be between $10,- 000,000 and $11,000,000. It is not expected that the estimates for the entire service will be much less than in past years, prob- ably the total, judging from the burcau estimate submitted for Mr. Herbert’s pe- rusal, will not be much less than $30,000,- 000. SS KENTUCKY DEMOCRATS. Representative Evans Says There is No and for a Contest. Representative Walter Evans of Ken- tucky was asked by @ Star reporter today if there was any probability that the dem- ccrats of Kentucky would succeed in doing anything in their proposed contest of the vote of that state. “No, they will not be able to make a showing, if they make a contest. There is no ground for a contest.” The canvassing board, before which the contest will be made, is composed of the gcvernor, attorney general and secrctary of state of Kentucky. As regard the composition of the lezisla- ture, including the new members elected at the recent election, Mr. Evans says that the republicans have seventy members, majority of two on joint ballot. This does not include the gold democrats. It fs said in the city by Kentuckians that nothing is known in that state of any re- publican legislator clected in November who pledged himself to vote for Secretary Carlisle or a sound money democrat for the Tnited States Senate. —____~+«+_______ THE MEXICAN FRONTIER. Gen. Bliss Thinks Another Troop of Cavalry ts Needed There. Brigadier General Z. R. Bliss, command- ing the Department of the Texas, calls at- tention in his annual report, made public today, to the desirability of having another troop of cavalry on the Mexican frontier, rear El Paso and opposite Juarez, Mexico. On the Mexican side at Juarez a new road has been laid out, and work has com- menced on it. This road, the Rio Grande, Sierra Madre and Pacific railroad, when completed, will open up the Sierra Madre country, which is noted for its wealth of silver mines, and will give to the Mexican government a short and easy road over which to transfer troops and, in connection with the Mexican Central railroad, will make the city of Juarez a point of great strategic importance to Mexico. These roads and the five others now running into El Paso, Tex., will make the latter place of increased importance to the United States as a military station. en The Cruiser Yorktown. The Navy Department is informed of the arrival of the cruiser Yorktown at Shang- hai today. DINGLEY AND SHERMAN|NAVAL MILITI Effect on Committees if They Go Into Mo- Kinley’s Cabinet. Contest for the Chairmanship of the Ways and Means and the Senate = Finance Committees, The impression is growing that Represen- tative Dingley of Maine will be made Sec- retary of the Treasury. By his selection seems to be the only way In which the east can get the secretaryship of the treasury. Among Mr. McKinley’s western supporters there has developed a very determined op- pusition to that position going east, lest the Wall street cry be raised. Mr. Hanna 1s said to sympathize with this fear, and to believe that the treasury portfolio should go to the west, unless an eastern man ex- ceptionally free from Wall street assocla- tions, though a gold man, can be selected. It is urged that Dirgley, though one of the most pronounced gold men, could be se- lected without exciting criticism in the west. The Ways and Means Committee. If Dingley should go into the cabinet it would leave open the chairmanship of the committee of ways and means in the next Congress, which will have to frame the tariff bill. This would probably lead to a lively contest for the place between Dalzell, Hopkins of Illinois and Grosvenor. There 1s no thought of any one but Reed for Speaker, and he would have entire say in the matter. If Dingley is not there to take the ways and means chairmanship Grosve- ner will expect to get it and will come nearer than any one else to representing the administration. Mr. Reed is not par- ticularly friendly to Grosvenor from a Political point of view, and would probably prefer to give the place to Dalzell, but the influence of the administration, coupled with the fact of Dingley being in the cab- Inet, it is believed would lead to Grosve- ner’s selection. Senate Finance Committee. Another interesting question arises in cennection with the suggestion coming from Cleveland, Ohio, that Senator Sherman may accept the secretaryship of state, and that Hanna may come to the Senate. Sher- men’s retirem&nt from the Senate -would make a vacancy on the finance committee, and it is as yet uncertain whether the re- Publieans will be strong enough to fill the vacancy. The republicans can hold any- thing they have and will undoubtedly be able to legislate in the next Congress, but it is doubtful whether they couid fill a va- cancy of that sort to their satisfaction if a fight were made agairst it by the com- bined silver forces, while the gold demo- crats might possibly be seeking the place for one of their numbé. The retirement of Voorhees from the Senate will leave a vacancy on this committee which the re- publicans hope to fill in order to get con- trol of the committee. The existence of a vacancy among their cwn members also might enable the silver men to compel a cempromise, each side getting one place, which woulfi leave the committee in the same situation it is today. eee REFUGEES FROM ARMENIA. A Band of Thirty-Five Quartered at New Haven, Conn. NEW HAVEN, Conn., November ‘There {s now quartered In this city a band of thirty-five Armenian refugees from Ain- teb. The party reached New Haven yester- day, after travels extending over a period of over two months. The Armenians are being cared for by various charitable or- ganizations. Within a few days three houses will be provided for them by church societies. The party sailed from Alexan- dretta two months ago for Marseilles, where they were cared for at the Armenian refuge of Lady Somerset. With the excep- tion cf one, all members of the party are penniless and destitute. They claim to have lost all their property and many rela- tives and friends during the massacres. In the party is a son of Prof. Bezjian, professor of the College of Central Turkey. Prof. Bezjian is a graduate of Yale, and is well known here. —_.+__ RAGED FOR TWENTY MINUTES. rm Houses in McLennon County, Texas, Demolished by a Cyclone. WACO, Texas, November 27.—The cyclone that raged for twenty minutes here yester- day devastated a strip one mile wide and eight miles in length. A number of farm houses were demolished in the vicinity of Mart, McLennon covnty, and information comes from Reisel, six miles from Mart, thet the dvell:ng of Buck Douglass was destroyed, his wife everely hurt and one of his children was killed. Five persons were injured. The temperature ranged nearly at summer heat prior to the storm. In passing over the prairie. the cyclone took everything it touched, leaving the earth bare of grass. —— KENTUCKY'S VOTE. Secretary Taylor of Ohio Will Repre- sent Major McKinley. FRANKFORT, Ky., November 27.Secre- tary of State Samuel Taylor of Ohio will be here representing President-elect Me- Kinley at the ccunt of the electoral vote of Kentucky today. It ts not believed that the demccrats’ will contest the count, though they will have legal counsel present. CINCINNATI, Ohio, November 27—A Times-Star special from Frankfort, Ky., says: The state canvassing beard con. vened here today to canvass the official returns of this state. National Committee- man Yerkes, Chairman Roberts and Fletcher Cash ere among the prominent republicans on hand, and the silverites have Chairman Johnson, Elector W. B. Smith and Attorneys Lee Suter of Louis. ville aud James D. Black of Barbourville. The silver men are here to note excep- ticns to the alleged irregularitics in some republican counties in the contest which they propose to make. Gov. Bradley has rot returned from Lancaster, and his place on the board fs filled by Auditor Stone. ae CHAIRMAN HANNA’S VISIT. Will Not Come Here Until Late Next Week. CLEVELAND, Ohio, November 27.—Sen- ator-elect Foraker was a visitor at the office of National Chairman M. A. Hauna today, and the two gentiemen held a brief conference. It was stated that Senator Foraker came to this city upon legal busi- ness, and that his call upon the national chairman was simply social and not to discuss political matters. The Senator will go from Cleveland to Canton this afternoon and make a short call upon the President-elect. Chairman Hanna said today that owing to a crush of personal business matters here he would be unable ‘o start for Wash, imgton to arrange for details for the in- auguration ceremontes until the latter part of next week. ——— Fire in a County Ja: KANSAS CITY, Mo., November 27.—Fire broke out in the county jail here at an esrly hour this morning, and for a few minutes threatened the entire building and to cause a panic among the prisoners. Prompt service on the part of the fire de- partment, however, soon put the fire un- der control. The origin of the fire is un- known. The loss is small. Assistant Secretary of the Navy Mc- Adoo Answers Some Questions. SPECIAL ACT OF CONGRESS NECESSARY What a District Organization Must First Do. NO AID AT PRESENT —__.—___ Assistant Secretary McAdoo of the Navy Department, who has charge of the militia branch of the naval service, has written an encouraging letter to Committeemen Robert P. Hains, S. G. Hopkins and W. E. Megrath of this city, in explanation of the steps necessary to the proposed establish- ment of a naval militia in the District of Columbia. The communication is in re- sponse to their letter of November 24, mak- ing certain inquirles in regard to the pro- posed organization. In his letter. Mr. McAdoo says he hastens to make reply to the inquiries, “in order that those who are interested in this move- ment may fully understand the limitations which surround the department with re- gard to this matter.” He then takes up the inquiries seriatum and answers them as follows: Special Legislation Necessary. “You ask first,” he says: “‘Can a naval militia reserve battalion be formed in the District of Columbia, and be officially recognized and share in the an- nual appropriations by Congress for the naval militia, without a special act of Con- gress authorizing the same?’ “No. It will require a special act of Con- gress to permit you to participate in the distribution now made of the funds appro- priated by Congress for the use of the na- val militia. The naval militia fs strictly a state organization, dependent primarily, if not wholly, on state and local support. The whole amount of money allowed by Con- gress for all the states would not of itself support the organization in any one of the larger states. The states in which naval militias are organized appropriate from their own funds, some of them, very large sums of money for clothing, equipping and caring for the organization. The depart- ment does not take notice of a naval mili- tia organization at all until it has been properly mustered in by the state authori- ties and uniformed by them. The depart- ment does not deal directly with any naval militia organization. All business relating to the naval militia is transacted between the department and the governor and proper military authorities of the state. “Experience his demonstrated that no naval militia organization can exist with- out strong state and local support, as the proportion of the sum allowed by Congress and even the good will and liberal efforts of the department would not be sufficient to support it otherwise. To organize in the District of Columbia it would be necessary that Congress should pass an act authoriz- ing the mustering in of the naval militia as part of the existing militia system of the District, appropriate for them and have them subject to the proper militia officers who now control the forces of the District. What Could Be Furnished. “Second. ‘When a naval militta or reserve battalion has been legally organized in the District of Columbia, what arms, accouter- ments, equipments and boats could be fur- nished for the use thereof by the depart- ment?” “When the naval militia of the District of Columbia is, by act of Congress, put on the same footing as the naval militia organiza- tions of the various states, it will be en- titled to all the benefits that the depart- ment now confers upon those organizations. It will be allowed a pro rata of the $30,000 annually appropriated by Congress, in ac- ecrdance with the whole number of reg- ularly mustered in men, and under such rules as the department may deem wise and for the best interest of the naval militia organizations as a whole through- cut the country. Out of the sum allowed them as a pro rata share the department will furnish arms and certain accouter- ments, equipments and boats, as far as the amount deposited to their credit will allow. The department deals as liberally as pos- sible in this regard, und it has been its custom heretofore to loan certain boats to the naval militia, but I regret to say that now all materis] of that kind has been ex- hausted, including available ships for armories. There are at present no ships in sight that could be loaned for armories ex- cept the monitors anchored at League Island, and these would need repairs under a special act of Congress to fit them for being so loaned. Can’t Loan Arms, &c. “Third. Should it be decided by the de- partment that an act of Congress is neces- sary to authorize the formation of a naval militia cr reserve battalion in the District of Columbia, before sharing in the annual appropriation, may the organization ef- fected on the 18th of November, and above referred to, be allowed, pending legislation, the temporary use of small arms, cutlasses, belts and pistols within the inclosure of the rmavy yard at Washington, for the purpose of drill and instruction, provided such small arms, cutlasses, belts and pistols are not taken from the navy yard or out of the immediate custody of the commandant of the yard.” Strictly speaking, the government has no right to loan public property to any one without authority of law. Therefore, until ycur organization has a legal status It does not seem possible to make loans to you of public property, as requested, even for temporary use. The difficulties in the way will be seen when it is noticed that it re- quires an act of Congress to allow the de- partment to loan even condemned and use- less guns to such organizations as the Grand Army of the Republic. As to drill- ing in the yard, if the commandant should refort to the department that it would not interfere with the routine of business there, the department would vem carefully con- sider the proposition. Recapitulation, To resume, first, the department cannot, under the law, take official notice of a naval inilitia organization until it has been duly enrolled and uniformed under a state law. < Secend. All these organizations must de- pend mainly upon state and local support in the way of appropriations and money. Third. In the case of the District of Co- lumbia the naval militia will have to be organized by an act of Congress. To make the practice of the department uniform they ought to be placed under the adju- tant general of the District, as is the case in the various states. Congress ought to make provision for them in the naval mi- litia appropriation bill. It costs more to maii tain a aaval militia than a land mili- tia, because they have, as it were, a dual existerce. Their equipment is much larger and fuller. The best naval militia organi- zaticns are good land forces and water forces both, and it therefore requires more hard work ard merey to drill and train a naval militiaman than a land militiaman because inis education is more all-around. Fourth. The department, of course, will be only too glad, if Congress takes the proper action and ycur organization is murtered in according to law with proper provision made for it, to recognize you in the annual distribution. Fifth. Unless the present law is amend- ed the District of Columbia, whether a | nava militia is authorige or unauthor- |ized by act of Congress,: would not share in the distribution of the sum appropri- ated at the last session of Congress, and would have to walt for one year. Sixth. For the present: the department will, of course, take pleasure in extending to you advice or such courtesies as He in its power. There has been mailed to you a pam- phlet ccntaining laws of ‘the various states organizing naval militia... It wilt be noted that there is a great difference between a naval militia organized as part of the mi- litia forces of a state and @ national naval reserve, organized by act of Congress for the whole country, and entirely subject to this department. No neval reserve has as yet been authorized by Congress. HUNTING OUT OFFENDERS The Civil Service Commission and Political Resessments, Some of the Things That Campaign Committees Did — Complaints Made to the Board. The civil service commission has been alert since the last presidential campaign opened to discover cases of illegal politi- cal assessments. The commission has been urable to discover violations of the law in this city, though it has ferreted out a num- ber of cases in other parts of the coun- try. The cases of Deputy Collectors Wm. Springer and John Turney of Port Huron, Mich., who have been indicted by a grand jury for such violations, are rather grati- fying to the comm‘ssion, because the ac- cused men are “sound money” democrats, as it has been charged that the followers of Bryan and believers in free silver were the only ones the commission had caused to be prosecuted. In the Port Huron ease the employes ot the collector's office had been assessed 5 per cent of their salaries, which was used for election purposes. The penalty for the violation of the law relating to political assessments is a fine not to exceed $5,00), imprisonment for a term not to exceed three years or by both.ffne and imprison ment in the discretion of the court. ‘he commission regards the freedom from any political assessments in this city and the small number of such cases elsewhere as largely the result of the posting of notices against such practices by the heads of de- partmenta,,who during the last campaign took that means to cali the law and the penalties for its violation to the attention of all government employes. The commission has received in all about twenty complaints of violation by Bryanite campaign committees of the laws prohibit- ing political assessments. In California the state committee clatmed it had submit- ted its circulars to eminent lawyers, who had guaranteed that they did not violate the law. In many cases reference has been made to the opinion of Attorney General Olney to the effect that a solicitation made by means of a letter addressed to an em- ploye in a federal building could not be considered as a solicitation made within the building, and consequently does not constitute a violation of the law. The ccmmission is not satisfied with this opin- icn, and it 1s expected an early opportunity will be taken to make @ test case to de- termin2 the exact force of the law in re- gard to such communicatigns, ‘The democratic chairman of the state committee of Penngylvania included in his circular the following warning: “No ex- cure for failure to contribute by those who have recefved especial benefits through the democratic party will be valid after the victory has been won without their aid.” The commission was today notified that the Secretary of the Treasury had taken action upon its report made in the case of William R. Mcrley, an engineer of the public building at Denver, Col., who was found to have solicited political con- tributions from the employes of the post office in that city against the civil service law. Mr. Morley’s conduct was investi- gated by the commission and a_ report made to the Secretary of the Treasary recommending that he be dismissed. This action was taken this afternoon. —— PAPERS OF THE PRESIDENTS. The Third Volume Will Shortly Be Ready for Idsue. Representative Richardson of Tennessee will in a few days have placed the last proof sheets of the third volume of his cornpilation of “Papers of the Presidents” in the hands of the printer, and in a short time the volume will be fssued. This vol- ume brings the compilation up to the ad- ministration of Wm. Henry Harrison, and as the work advances the papers written by Presidents become more and more vol- uminous. The first volume covered twenty- eight years, the second sixteen and the third eight years, It is expected that the entire work will fill seven or eight volumes. Some criticism has been made of Mr. Rich- ardson’s work, because it does not em- brace papers "accompanying presidential messages, but if that plan had been carried out many single messages transmitted to Congress by the Presidents would require a whole volume for their presentation, and the entire collection would make the Rec- ords of the Rebellion a small work in com- parison to it. Mr. Richardson has adopted a method of noting, after messages con- tained in his work, the character of ac- companying papers, so that the investigator who wishes further information on the sub- ject can refer to the papers indicated, or at least can get an idea of their contents. “The Papers of the Presidents” was com- piled in order to gather under one head the expressions of the Presidents on vari- ous subjects before Congress, and was not intended to include other papers. — PROSECUTION CLOSED. The Court of Inquiry Now Being Held at the Marine Barracks. The court of inquiry assembled at the marine barracks to investigate charges concerning the condugt cf business in the office of the quartermaster at the bar- racks, finished the work.of hearing tes- timony for the prosecution this afternvon, and at 2:15 o'clock adjourned to meet at 10:30 o'clock Monday morning, when wit- nesses for the defense will be heard. There appeared before the court today as witnesses Col. Heywood, Capt. F. H. Har- rington, Maj. George Cy Reed, John M Hutchingson, second elerk of the quarte: master’s office; Capt. M..C. Goodwell, Mr. Irvine, formerly of the firm of Dexter & Co., and Sr. Henry Wagner, proprietor of the West End laundry, Personal Mention. . Bishop Hartsell, who fs about to start on a missionary trip to- Africa, had an interview with the Secretary of State to- day and secured passports and letters to United States officers in the “Dark Conti- nent.” : Col. E. F. Townsend, ‘Capt. Frank R. Rice and Capt. Geo. F. Foote, retired, are in the city on private business. Major A. M. Miller, corps of engineers, ts in the city to confer with Gen. Craighill, chief of engineers, ia regard to the jetties and fertification ‘orks fin Galveston har- bor. Lieut. Commander ‘Jobn g. Rodgers, on duty at South Bethiaeks, fs at the Army and Navy -€lub for 2 or two. Secretary Lamont has ‘gone to New York for a few Jays. ¢ Adjutant General Ruggjes went to Phila- delphia this afternoon. ” Capt. Reed, superintend@nt of the folding rcom, House of Representatives, has ar- rived in the city for the cession. HIS EFFORT FAILED The Jury Decides Against Contention of Prince Yturbide. WILL NOT BE REINSTATED The Metropolitan Club Wins the Legal Battle. ARGUMENTS OF COUNSEL The efforts of Prince de Yturbide to be reinstated as a member of the Metropolitan Club, from which he was expelled last spring, have fallen through, at least for the time being. The hearing on his application for a man- damus to compel the board of governors of the Metropolitan Club to reinstate him, af- ter occupying the attention of the court for two full days, came to an end this after- roon. The arguments were brief, and shortly after 1 o'clock the case was given to the’ jury. A little before 2 o'clock the jury returned a verdict in favor of the Metropolitan Club. As was explained in The Star Wednes- day, Prince Yturbide, claiming to have been expelled from membership in the club last May, seeks to compel the board of governors, by writ of mandamus, to reinstate him. He insists that he was ac- cused of making a scandalous charge against the daughter of a club member, in that he was charged with asserting that the young lady had written certain anonymous letters. The petition for the writ of mandamus was based on the a leged ground that he had not been giv a full and impartial hearing before the board of governors. The question at issue being whether such hearing was given the petitioner it was submitted by the court to determination by a jury and after the testimony submitted by either side Wed- nesday counsel for Prince Yturbide, Messrs. Walter V. R. Berry and A. W. Ferguson, asked Judge Bradley to instruct the jury to find for their client. Mr. Berry had just commenced to argue in support of this motion when the court adjourned Wed- nesday afternoon. Mr. Berry’s Arguments. When the case was taken up this morning a formidzble array of law books were placed before counsel for Prince Yturbide. Noticing these Judge Bradley reminded Mr. Berry that under the rules of the court he could be allowed but thirty minutes in which to argue the motion. Mr. Berry re- plied that he feared he could not complete his @pgument and asked the indulgence ot the court in the matter, promising to speak as triefly as he possibly could. He then proceeded to argue the motion, con- tending that all the authorities applicable in puch a case hold that a club member must be given the fullest opportunity to meet charges preferred against him, or submit matters in palliation of the alleged offense. Im the course of his argument Mr. Berry remarked upon what he considered the palpable unfairness of expelling Mr. Ytur- bide, while permitting a man who had made specific charges against Mrs. Slack, the wife of a fellow member, still to re- tain membership in the club and to sit upon the bosrd of governors. “That is hardly a proper line of argu- ment, Mr. Eerry,” said Judge Bradley, caustically. “This court has no knowledge of any such incident as you refer to. Mr. Berry contended that he was not tranecending the bounds of propriety in speaking of the Slack case, which had also played a prominent part in the affairs of the Metropolitan Club. “You are not making a hypothetical ease,” said the judge, “but using in argu- ment a matter which has not been brought to the attention of the jury.” Right of Expulsion. Mr. Berry dropped the subject, naturally enough, and then went on to quote from a number of legal authosities to show the rights of a club member and the methods that must be followed by the governors or directors of the club in order to disfran- chise a member. His contention was that the private affairs of a member or a per- sonal quarrei between two members did not properly come within the jurisdiction of the club as a corporate body. Even when the right of expulsion is explicitly granted to a club it can only be exercised, Mr. Berry claimed, upon the results of a full and free hearing. Even if the right of expulsion was inherent in the Metropolitan Club, he said, it was vested not in the board of governors, but in the entire membership of the club. Mr. Carlisle Argues. Mr. Calderon Carlisle, for the club, ar- gued in opposition to the motion to take the case from the jury, with the result that a peremptory mandamus should issue. Mr. Carlisle said that he could not admit Mr. Berry's claim that the case was so clear that it should be at once decided in favor of the relator, Mr. Yturbide. Neither was he present to claim that the rights of the club in the matter were so clear that he could ask the court to instruct the jury to deny the application. Continuing his argument, Mr. Carlisle went into the matter of the powers con- ferred by the club upon the fifteen mem- bers compesing the board of governors. Among these rights was that of the expul- sion of a member whose conduct was such as to disqualify him as a desirable mem- ber. When the relator became a member of the club and subscribed to its constitu- tion he became as much responsible for its Provisions as were the original members of the club. Mr. Yturbide, he said, was notified that grave charges were lodged against him with the board, to the effect that he had made serious and improper reflections upon the daughter of a fellow member. When he appeared before a meeting of the board he practically admitted the truth of the charges. Mr. Frank Riggs, while on the stand, said Mr. Carlisle, testified that at that meeting, in a spirit of mortification and shame as a member of the club, he asked Mr. Yturbide if he realized the seriousness of the charges, which were to the effect that he had made scandalous accusations against a lady, the daughter of a fellow member, to a member of the club, and within the club. According to Mr. Riggs, Mr. Yturbide replied that he understood the situation perfectly. A civil court, said Mr. Carlisle, cannot constitute itself a court of appeals to re- view the action of the directors or gov- ernors of a club or constitution so long as they do not transcend the powers specifical- ly conferred upon them. One step further the courts had gone, and it was right that they should, when they sald that no man should be expelled except after a full and fair hearing. In this case the contention of the ciub was that its beard of governors had done no more than it had the right to do, and that the relator had been ‘expelled only after a free and impartial hearing. Mr. Carlisle referred at length to th famous Loubat case, in New York, which was decided against the club. In that case, however, the special committee of the club was appointed solely to decide a contro- versy between two of the members of the club. Mr. Loubat was not informed that he was under charges, and all that the club had a right to do upon the receipt of the committee’s report was to say that a case had been made out against him. The courts naturaliy held that the club erred in expelling Mr. Loubat without a hearing upon specific charges. The Metropolitan Club had made no such error when it ex- (Continued on Thirteenth Page.) QUESTION OF APPOINTMENT | GF NV. WEYLER REPLIES Civil Service Commission May Ulaim Many Places. Even Places Under the Librarian of Congress—Interpreting the Presi- dent's Recent Order. The civil service commission 1s looking over a number of positions that have not yet been placed under the civil service law, but which, it is believed at the civil service rocms, rightfully belong there, and will shortly be so decided by the proper author- ities. These pleces include all the employes of the Library of Congress, from the librarian down, end the only question to be consid- ered regarding them is whether the force of the library belongs to the executive cr legislative branch of the government. The commission claims that they belong to the executive branch, and if that is the case Mr. Spofford and his assistants are under the protection of the civil service law. It is not generally known that the Ibrarian is appointed by the President, without the confirmation of the Senate, sectioa $8 of the Revised Statutes reading as follows: “The President, solely, shall appoint from time to time a Mbrarian to take charge of the Library of Congress.” Section i provides that “The Ibrarian 1s authorized to employ from time to time the following assistants,” etc. The last executive order placed under the civil service law al! places in the executive departments except those appointed by the President and confirmed by the Senate, cr such persons who do mere manual labor. if this view of the manner in which places in the library should be filled is up- held it will be a disappointment to a _num- ber of people who have been marshaling their “influence” in crder to get the coveted pesitions. The library now has thirty-nine employes, Including the librarian, and a socn as the new library building is occu- pied this number will be at least double During the meetings of the joint commit- tee on the brary Mr. Quigg inquired of Mr. Spofford whether he did not think it a good plan to have the additional employes of the library appointed by the joint com- mittee on the recommendation of the Ibra- rian, and many members of the committee believe that they will have a good deal to say regarding the men who are to be placed in positions in the library. Doubt- less the effort to be made by the civil ser- vice commission to have the employes of the great library nominated by it will meet with much opposition, but it is believed the law is so clear that it can readily be seen that the President’s order covers the li- brary. ‘The architect of the Capitol and all em- ployes of his office with the exception of laborers are under the civil service law, and it is claimed that every argument which can be used to place it there can be applied to the Itbrarian and his assistants. The fact that the control of the library is under a joint commission of both ho’ of Congress is not believed by the ci service commission to affect the character of the hbrary as a part of the executive branch of the government. ‘There are other places which the ¢om- mission thinks should be filled through ex- aminations held by it, but which have not yet been turned over to it in ce with the President’s order. deeds, register of wills and inspector of gas meters for the District of Columbia are all so regarded. It is contended that the of- fice of the United States marshal for the District of Columbia shculd be placed under the civil service law. Under the marshal are eighteen employes. The commission is reaching after some other very high places under the govern- rent, to which appointments are male with the confirmation of the Senate. Among these are the five directors of the Union Pacific railroad, and they will prob- ably be surprised to find that when their places are to be filled in the future the civil service commission wili contend for the right to name the men for them through a competitive examination. —___ 2 ____ CONSUL GENERAL LEE. No Credence Given to Rumors That He Will Not Return to Havana. Officials of the State Department attach no importance to rumors that Consul Gen- eral Lee will not return to his post at Ha- vana because- of alleged dissatisfaction with his course on the part of the Spanish authorities in Cuba. So far as can be learned, nothing has occurred to necessi- tate a change in Gen. Lee’s plan to return to Havana at the conclusion of his busi- ness in this city. It is believed that he will not delay his departure much longer, in view of important matters requiring imme- diate official attention in Havana, including the Competitor case. ——_—___-e COMMISSIONER FORMAN Formally Installed at the Hend of the Internal Revenue Bureau. Mr. Forman of Illinois was formally in- stalled into office as commissioner of in- ternal revenue this morning. The oath of office was administered by Notary Public Thomas Bivins, private secretary to the retiring commissioner, Mr. Joseph S. Miller. The latter was present at the time and in- troduced all the principal officers of the bureau to his successor. Mr. Milier will re- main in the city for the present as the rep- resentative of the Bond and Surety Com- pany of Baltimore, of which he is a vice president. —_—_o —___—_ MINORITY LEADERSHIP. Democrats Contending for an Empty and Unprofitable Honor. As empty and unprofitable as it will be, it appears that there is going to be a lively contest, starting this winter, between as- piring democrats for the minority nomina- tion for Speaker of the House in the Fift fifth Congress. This nomination carries with it the idea of leadership, and about the only thing left for a democrat to as- pire to is the honor and prestige to come from leading the minority during what ts expected to be an eventful Congress. The silver forces will be divided under several heads, and the democratic leader will hope to be commander-in-chief. In order to es- tablish leadership it is expected that the Fopulists and the silver republicans will each nominate a speakership candidate. For this recognition on the part of the democrats the fight is already on between McMillin and Richardson of Tennessee and Bailey of Texas. While they may not for- mally open headquarters, they will open up their canvass as soon as this session begins and the matter will be very gravely con- sidered in the party councils. The curious paradox will be presented of a contest over the empty honor of a minor- ity nomination, while the selection of the Speaker, who is to preside, will be without ccntest. The honor for which the three democrats are contending is rerdered more than or- dinarily unprofitable by the fact that it is not at all likely that the minority will con- sent to follow their leader after they have selected him. —————— Naval Paymaster Appointed. The President has appointed Henry A. Dent a passed assistant paymaster in the navy. oe _ President Heureaux Re-Elected. A dispatch was received at the State De- partment today from United States Consui Grimke at San Domingo, saying that at the general elections held in that country, No- vember 1 and 2, President Heureaux was re-elected for a term of four yeors. ac- The employes of the offices of the recorder of Denies Cuban Charges of Spanish Tyranny. MERE EXCUSES, HE SAYS, FOR TREASON Claims to Be Contented With His Campaign. LOOKS FOR RESULTS SOON (Copyrighted, 1896, by the Associated Press.) HAVANA, November 27. tradictory statements have been attrib- uted to Captain General Weyler since his return from the province of Pinar del Rio that the correspondent here of the Asso- clated Press was instructed to ask the Spanish commander for a full, official and authorized stetement on the subject. There- fore, the correspondent called at the palace, Where he was courteously fo many con- received by the general, who was asked to supplement the exclusive interview with the corre- spondent of La Lucha at Artemisa, which was cabled to the Associated Press Tuesday afternoon and which contained his first Public utterances since his rn from conducting the operations against Antonio Maceo. This the general agreed to do. The correspondent opened interview by informing the capiain general that the Associated Press was anxious, before his return to the ficld before the public in the United S' al views or the Cuban situation, adding “It 1s understood that you have returned from Pinar del Rio highly contented with the result of your recent operations, and it is asserted that you believe Pinar del Rio will svon be pacified.” In reply the captain general sald: “I am not only contented, but am entrely satis- hed with the result of my military plans there. I went over all the northern hills and occupied the insurgent positions with- istance upon the part Cacarajicara and Rubi, which the insurgents claimed were impreg- nabie, were occupied by our troops after disiodging the enemy. At Rubi he offered the greater resistance, but yielded after a few hours’ fighting. We found no trace of Maceo's people after that, although all the other points were reconnoitered by small detachments from our columns. The south- erly points were also reconnoitered and the positions where th are now in possess remains still reconnoitered be ranges of hills in the eastern part of the to the t him to nto small to escape province. Maceo has nothing le do but to scatter his followers parties in order to enable th our columns, which are now hunting for them, since they offer no resistence, and re- fuse to accept a meeting with our troops who are chasing them in all directions.” “Does your excellency expect soon to crush the insurrection in the province of Pinar del Rio and bring about its pacifica~ tion within a short time?” Confident of Making Peace. “I am confident of shortly pacifying Pinar del Rio,” replied the captain general, “since all the strategic points are in my hands, and because a constant activity of our troops in all directions, which com- pletely hinders the escape of the small groups of insurgents who are now fleeing before them in disorder.” The correspondent asked: “Do you think the condition of the prov- inces of Havana, Matanzas and Santa Clara hampers or favors the suppression of the insurrection?’ The captain general replied: “These three provinces are more easily subdued, from the nature of the ground. They have no hills like the province of Pinar del Rio, and the facilities for the movement of large bodies of troops are therefore greater. Besides, the rebel bands in those provinces are less numerous and lack the elements and conditions of those in the province of Pinar del Rio. The lead- ers of the rebels in those three provinces also lack the importance possessed by Ma- ceo. Those who had any have been lalled.” It is asserted,” said the corres; “that Maceo lost many of his leading men who were with him, besides th who cd him after the invasion of ar del Rio?” To this the captain general answered: “Nearly all of Maceo's leading men who were at all valuable or possessed of mili- prestige tary ability have perished in other prov- inces or the districts where they headed uprisings.” “It appears that the insurgents in Puerto Principe and in Santiago « playing more aci i the corresp neral V answere the provinces mentioned are wot in a state of insurree Puerto Principe is pro- ducing a little, a protection is needed there. Le said in regard to the i amo dis- tricts. The rebels have des all they could, and besides with the death of Jose 2 of § Maceo the rebellion in the provi n- tiago de Cuba lost much of its import- ance.” 5 The general added: “I have no intention of allowing the aitention of t s be distracted in that direc for it is evident that that is th of the in- surgents under Gomez Calixto, who influence over the in- possess comin: surgents in those districts. Reports of Spanish Tyranny. “The Cubans abroad complain strongly of Spanish tyranny and attribute the revo- tution to the subjection of the Cubans by a despotic government, under which they are not only debarred from Mberty, but also from public employment in their own country. Can you make a stalement on this ject?” “They must offer some excuse for the treason and destruction to which they have dedicated themselves since taking up arms,” replied the general. ‘After the termination of the last war Cuba was ccnceded full liberty and with a rapidity of which few examples are shown among other people. The government inaugurat=d a regime granting ample Cuban representa- ticn, availing itself of the provisional laws ntil the chambers ratified them, establish- ing the rights of the Cuban people upon an equality with the Europ in the colonies. Almost simultancously the present Span constitution was promul- gated, recognizing the equality of white and black, ‘uban and Spaniard, in this region. The provincial and municipal laws are alike in the provinces of There is absolute freedom of the public meeting and association and ce judi- cial procedure. In short, the Cubans have all the liberties that are enjo: Spaniards in their native count “As to the social question, the partonato, or patronship, of slaves was decreed, whien widened the scope of the abolition’ meas- ures and reduced the time appointed for the gradual and total abolition of slavery. “All this is recognized by Mberal Cubans and prominent men who since that date have been representing Cuba in parifament, and who have not left the island, in spite of the present rebellion, 2nd who remain on government's side. ‘Now ycu see what tyranny Spain has exercised in Cuba. “But,” insisted the correspondent, “the Cubans complain that they are deprived of helding public office.” Cubans in Office. “This is another notoricusly unjust as- sertion,” said General Weyler. “The Cu- bans are “left out, not through Spain's tyranny (with emphasis), but because they