Evening Star Newspaper, March 24, 1897, Page 1

THE EVENING PUBLISHED DAILY EXCEPT AT THE STAR BUILDINGS, 1101 Pennsylvania Avenue, Cor. 11th 8t., by ee! We Company. Few York Offce, 49 Potter Building. The Evening Star is served to subscribers In etty by carriers, ou their own accoun per week, or 44 cents per month. | Coples counter 2 cents each. Ly wail - b United States or Canada— postage prepaid—O0 cents Ber monib. Saturday Quintaple Sheet Star, $1 per year, wit postage added, $3.00. red at the Post Office at Washington, D.C. secon@-clase mail matter.) “eS All matt aubecripiions inuat be pad In advance Rstes of advertising made known on application DAY, “No. 13,747. WASHINGTON, D. 0, WEDNESDAY, MARCH 24, 1897-TWELVE PAGE DISTRICT OFFICES|THE civic “SERVICE LAW The Gossip Today Concerning Pros- pective Appointments. WATE HOUSE CALLERS AT THE Messrs. Westand Truesdeil Said to Have Been Chosen. ee - ZSCORDER OF - - m today t Presi- ssion prevalent was clreles t his mind on ad pol y had he je up Commissioner District he had decided ton: L. West as suc to Com- Ross and to reappoint nmis- ruesdell, So deeply founded was it was freely assert morning that the neminations to the Senate today, but the White House developed that of the question was noi likely i so soon. friends of Mr. West are confident lection, however, and verents are equally cer tion. One of th e only thing the I's reappointment iz that t ate migh his ne fear h: given the posed to be op; y would net ce: today 1 Mr had been in the § Jeopardizin but tha by assura y senators su Mr. Truesdell that test his nomination. Mr. Weat's Candidacy. never been a candidate for rship, and he was taken the consideration of his position was McKir said h ent the in been | Presi- have md t a pnection with the to him. President ted with the most pe K sort of proble n connection with ommissione He has been ¥ dele ng and the r well known the places. Where there was such a difference ef opinion evident the naturally at a loss to make uded to go 9 avowed candidates, about his way, it is sald, “s name was brought to President MeKini- with @ prominent by the way, a republi 1 asked him to suggest the atleman to succeed Com senator mentioned Mr. West as yper man for place, and President velcomed the suggestion with S Further inquiry on the resident, it is said, served to first good impression of Mr s @ fications. Saw the President Today. Phillips, T. A. Lambert, Col derson and H. B. Davidson called President today and recommend- B. Wilson, prest- al Bank, as one oners J. Hemphill time chairman of a other available per- pr of tion aply a so- House with the of the House com- gress was also g to say on Distric who are with the they dia ager and Chandler, of Mr. West, were Henry Tay- rsor Hende ughten, H am la Repub behalf of 3 ngston Ross for Distr: ‘“mmis- sioner, and Bowden for second F. D. as sp he Recordership. for the office e District } » of Mr. R. T. Greener, resident of the ago. He ts a ma e of the repr lawyer by the of facu time r som New York ¢ retary of has seal office at he still t of Columbia where rant iS a can- ot claims His laims in the office of se st 2 faantion of Hooks. rector of the Cath- a letter io iston in th books It I stest thes certain free | ton th of nal Estimates. € yesterday afternoon let- s resented by Mr. Allison from t of asury submitting imates as follows of the roof of the Execu- $1,000. Distri mbia: Salaries of ; Salaries of ex- construction of sewers, 1891, hool tor girls, 1897, $600; ISS8, $4.20. public schools, t. surplus fund and water de- part . SLs jure Medical Freedom. Ss introduced a bill to re- freedom tn the District of re repeals all laws of any persons to terday appointed press gallery, vice , who has held the position ars. Mr. Prest a son A. Preston, the news- t. a +e — Court-Martial Ordered. “Martial has been gp- Willet’'s Point, N. Y., of such prisoners ag ordered before 1 of the court R The tollowing is Solomon W. cr, Corps of En- gi Jefferson D. Xter, assistant cergeon, William C. Langfitt, Corps of En- gineers; Lieute Wiliam T. Johnston airy, William C. Rogers, 7th In rank B. MeKenna, ith Infantry B. Ladue. Corps’ of Engineers Corps of E ers liam A. Ratbourn, 4th Infantry; Harry Kess, Corps of Ei frank A x, Ist Infantry, judge edvocate. A Bill Introduced in the Senate to Repeal It. A System of Examination in the Exec- utive Departments Provided—Text of the Measure. A bill to repeal the civil service law and- to provide a system of examinations in the executive departments wes introduced in the ‘nate this afternoon by Mr. Allen. ‘The bill was referred to the committee to the several branches of the civil Service, 1 follows: He it enacted by the Senate and House of Representatives of the United States of examine Amet n in Congress assembied, That sec- tion 1733 of the Revised Statutes, and all nts ts of acts amendatory thereof, or supplemental thereto, as well as all ex- ecutive orders that have been issued and based thereon, be, and the same are here- by, repealed and annulled. Sec. 2 That f n and after the passage of this act, it shall be the duty of every head of a department of the United States ot America to establish reasonable and just rules in writing for the examination of per- sons applying for positions in the civil branch of the sovernment under the control of such department, and said rules shall ference to the specific fitness of an ant ischarge the duties of the have r to office or position for which he y and for which he may be em- that may be in- in the exercise of the duties of such Y apy ployed or appointed or volve office or position. But nothing herein con- tained shall be eo construed as in any man- ner to deprive any citizen of the United States of eligibility to any given office or position in the several branches of the civil service of the United States, whose | qualifications shall be made to appear for the particular office or position to which he aspires, or for which he may be an appll- cant. because of lack of education in any other respect. or because he may not po: sess a university, collegiate or academic education; ner shall any rule or regulation of any department be made or enforced which shall have a tendency to deprive any i the United States of eligibility articular office or position in the civil service of the government for which he may have specific fitness, it being the intention and purpose of this act to restore every citizen of the United States to eligi- billty to the service of his government in ail its several civil branches, where it shall be made to appear that any such citizen is qualified to intelligently and acceptably discharge the duties of the particular office or position for which he applies, or to which he may be appointed. ae DENTIAL NOMINATIONS. Three Under the Treasury Department and Several Postmasters. The Prestdent today sent to the Senate the following nominations: Postmasters—Alfred Hocking, Melrose, M Geo. E. Drum, Chatham, N. ¥.; Jas. M. Worrall, Kennett Square, Pa.; Harry F. Hawkins, Beaver Falls, Pa.; John A. Shel- don, Rutland, Vt.; Lo. C. Dana, Colorado Springs, Col.; Ruel Rounds, Idaho Falls, Idaho; John L, Underwood, Montpelier, Idaho; Augustus H. Hetple, Washington, Ul; John Zimmerman, Cannelton, Ind.; Fred. J. Hermann, Tell City, Ind.; James F. Lawson, Spencer, Ind.; James H. War- nock, Princeton, Ind.; Evan Gibbons, Dy- ersville, Ia.; Joseph Watson, Bronson, Mich.: George W. Smith, Sweet Springs, Mo.: Albert L. Jurden, Marshall, Mo.; Leo- potd Hahn. Hastings, Neb.; Wm. W_ Hop- kins, Oakland, Neb.; Cornelius D. Gist, A Ohio; Robert 3. King, Gloucester, Ohio; Eenjamin Howell, Rock Springs, Wy Justice sippi. to. be PRES Alexander J. Cocke of Missis- marshal of the United States, trict of Mississip} George H. of Nebraska, marsha! of the tes district of Nebraska. y—Harry K. Chenoweth of Ari- collector of customs for the dis- trict of Arizona. northern Thummel War—First Lieut. J. C. F. Tillson, 5th Infantry. to be captain. Navy—Passed Assistant Surgeon H. B. Fitts to be a surgeon. SENATE -e ———. COMMITTEES. Qcestion of Filling the Vacancies Discussed at Some Length. The Senate committee on appropriations held its first meeting of the session today, and agreed to report the agricultural ap- propriation bili as it passed the House. Action on the other appropriation bills which failed at the last session was defer- red until next Tuesday, when, it is under- stood, the sundry ctvil, the Indian and the general deficiency bills will be taken up, and all probably reported. The tendency now appears to be to report the bills prac- tically as they were agreed upon in the last session. The meeting was devoted largely to a discussion of the necessity for filling the committee vacancies, which was precipitated by Senator Gorman, who cailed attention to the crippled condition of the rate on account of the failure to make committee assignments. Mr. Gorman wxested the wisdom of a compromise ar- , whereby the republicans should their present chairmanships, and which would permit the filling of the -va- cancies on a basis that would be fair to all parties. The republicans replied by saying that there was no immediate necessity for ac- tion, bat claimed that 1f they were to be placed in a position where they would be held responsible for committee action they hed a right to ask that they be given a working majority on the committees. They called attenticn to the fact that they were the plurality party in the Senate, but said that 1f all the other parties could unite upon an organization they (the republicans) were willing that the combination should take control enator Pettigrew suggested that there four parties In the Senate, and that the republicans might combine with some other party and thus secure control be- yond peradventure. Senator Kyle’s prob- ble affiliation was freely discussed, and it was agreed on both sides that he would act with the republicans on organization. th BUREAU OF NAVIGATION. Secretary Long Will Not Select Its Head Until Next Week. Secretary Long has concluded to defer the selection of an officer to succeed Ad- miral Ramsay as chief of the bureau of navigation until next week. The office will become vacant April 5 by the retire- ment of Admiral Ramsay. There ts a score of applicants for the assignment, which is regarded as one of the most im- portant in the navy. Of these Admiral Bunce, commanding the North Atlantic squadron is the most prominent because of his rank. In case he ts not selected it 1s probable that the assignment will go either to Commodore Kautz, Captain R. D. Evans or Commander Hi. Davis. The settlement of this question is the principal matter of interest in the naval service just at present. o—______ Personal Mention. . The leave of absence granted Post Chap- lain O. J. Nare has been extended four months. Capt. J. W. Littell of the quartermaster’s cepartment fs at 816 15th street on leave of absence. Mr. Eugene F. Stephens of Philadelphia is visiting his mother at 799 12th street. = |CHAPMAN’S CASE | Arguments Submitted to the United States Supreme Court. Wait OF HABEAS CORPUS ASKED Grounds of the Petition Presented by Counsel. EMINENT ATTORNEYS In the Supreme Court of the United States today Attorneys George F. Edmunds end A. J. Dittenhoefer submitted argu- ments to show why the court should issue a writ of habeas corpus in the case of El- verton R. Chapman. Mr. J. M. Wilson, also of counsel for the petitioner, was not able to be present in court, as he is suffer- ing from the grip. History of the Case. It will be remembered that Mr. Chapman, when summoned before a committee of the Senate during the investigation of the sugar trust in 1894, refused to answer ques- tions regarding the matter under inquiry, and was thereupon indicted by the grand jury of the District of Columbia for al- leged violation of section 102 of the Revised Statutes of the United States. ‘Thereafter petitioner was arraigned and entered a plea of not guilty, upon which plea trial was had, resulting in a verdict of guilty as indicted. Motions for a new trial and an arrest of judgment were filed and cverruled, and the petitioner sentenced to imprisonment in the jail of the District of Columbia for the period of one month from the date of arrival, and to pay a fine of $100, from which judgment an appeal was also taken to the Court of Appeals, where the same was thereafter affirmed. The pe- ttioner thereupon prosecuted a writ of error to remove said cause to the Supreme Court for review, but the same was dismissed, by decision of the Supreme Court, for want of jurisdiction to review the decisions of the eaid Court of Appeals in criminal cases. After the decision of the Court of Ap- reals of the District of Columbia overrul- ing the demurrer, and before trial had upon the defendant's plea of not guilty, petitioner made application to this court for a writ of habeas corpus, but the same was denied, upon the ground that such ap- plication should be made, if at all, after trial had and other remedies exhausted. Thereupon, and before petitioner was tried vyon his plea of not guilty, petitioner made application to said Court of Appeals for a writ of prohibition to prevent such ,trial. The same was denied by that court, and a writ of error prosecuted by the petitioner to the Supreme Court of the United States, where the same is now pending. Then the petitioner came to the Supreme Court for & writ of habeas corpus and certiorar!, the application for a habeas corpus only being argued today. The Act of Congress Unconstitational. Counsel before the court today contended that the act of Congress upon which the indictment was based and conviction had is unconstitutional. Counsel argued that section 103 provides that he shall not be privileged to refuse to testify on the ground that his testimony or the production of the paper may tend to disgrace him or render him infamous. These two sections are parts of one scheme, and they are in- separable. The provisions of this act are, in substance and effect, precisely as though it had been enacted as follows: If any per- son, summoned before a committee of the Senate, shall refuse to testify, even though his testimony may tend to criminate him, he shall be deemed guilty of a misdemeanor and shall be punished, etc. it was also claimed that section 102 of the Revised Statutes, upon which this indictment is based, is an attempt to dele- gate to the courts the power of the re- spective houses to punish for contempt, and is unconstitutional for that reason. “It is plainly,” it was contended, “be- yond the power of the two houses of Con- gress to strip either one of the houses of any of those powers and functions which are bestowed by the Constitution on the houses respectively, either expressly or by implication. It is conceded everywhere, and is thoroughly settled, that the power of the two houses to punish for contempt comes to them as incidental to, and by virtue of, the functions which they derive from the Constitution. In other words, the power of the houses to punish for con- tempt, whatever the extent of that power may be, is an incident of the powers they get from the Constitution to be parts of the supreme legislature of the United States, to pass laws and to adjudicate mat- ters over which the Constitution gives to them, respectively, the power of adjudica- LN BS The Pacific Railway Commission. ‘The following paragraph of the syllabus of the case in re Pacific Railway commis- sion was submitted by counsel: “Congress cannot compel the production of private bocks and papers of citizens for ts inspection, except in the course of judicial proceedings, or in suits instituted for that purpose; and then only upon aver- ments that its rights in some way are de- pendent upon evidence therein contained.” On page 250, in the opinion by Justice Field, this is repeated in these words: “In the pursuit of knowledge itt (the commission) cannot compel the production of private books and papers of citizens for its inspection, except in the progress of judicial proceedings, or in suits instituted for that purpose, and in both cases only upon averments that its rights are in some way dependent for enforcement upon the evidence of those books and papers. “Of ali the rights of a citizen few are of greater importance or more essential to his peace and happiness than the right of personal security; that involves not merely protection of his person from as- sauit, but exemption of his private affairs, books and papers from the inspection ard scrutiny of others. Without this right all others would lose half their value.’ “This statement. regarding when the courts will compel an unwilling defendant to exhibit to his adversary, or to others, his private papers, is based upon the principles of equity, established in this country and in England, from time immemorial, and this element of our law has been embodied in the statutes of 14th and 15th Victoria and other later English statutes; and also in the statutes of the United States, such as sec- tions 724 and 689 of the Revised Statutes, and others. When Justice Field here says that ‘in each of these classes of cases the production of books and papers can only be ordered upon averments that the appli- cant’s rights are in some way dependent for enforcement upon the evidence of these books and papers,’ his statement falls far short of stating the strictness with which the law surrounds and protects such pri- vate books and papers. Applicable to Legislative Bodies. “Restraints upon the courts, created by the fourth and fifth amendments to the Constitution, protective of private rights and liberties, are equally applicable to pro- ceedings in legislative bodies. To impose the restraints, created by said amendments to the Constitution, upon the courts, which are the most enlightened, the mdst con- servative and the most highly educated tri- bunals known to our law, and which from long before the origip of our government, and ever since, have been and are univers- ally regarded as the safest reposttories of the liberties and rights of the citizen, and at the same time to leave thern to be dis- regarded by the legislative budies, and the ‘committees thereof, and to place all pri- vate property and private and domestic rights and affairs at the mercy of any and every member of such committee, ir ignorant and regardless of such rights he may be, and however wild and furious in his pursuit of the knowledge of the private and domestic affairs of his neighbors or his enemies he may be, would be simply mad- ness. The absurdity of such a view is so extreme as. to exclude it from the pe: bility of having been intended by the Con- stitution or our system of laws, But there is abundant authority tottching these re- straints on legislative bodies. Must Be a Definite Accusation. “Our next proposition ig closely kindred to our first, and that is that, when a legis- lature is proceeding in a prosecution for ccntempi, it must give to its proceedings the definiteness and other characteristics of a judicial prosecution, in a court, for a crime. “Contempt of court, or any other body that is empowered to punish for contempi, is a specific criminal offense. A contempt proceeding in a court or legislature, being a proceeding distinct from the body of the cese as to which the contempt may have been committed, and being an independent and a criminal proceeding, there must be applied to it the legal requirement applica- ble to all criminal proceedings: to wit, that every accusation must be definitely, di tirctly and aftirmatively set forth In the record and must be established by the ev dence, and this especially in courts of lim- ited jurisdiction. 2 “Nothing can be conceived more abhor- rent to the principles of our law than the idea that a party may he proseeuted for contempt without being permitted to know the grounds upon which the court claims the right to punish him, or the grounds upon which it bases its right to demand the disclosure of his private affairs. That the court prosecuting him shall be pri scmed to have good and sufficient reasons fer demanding that to be done, the non- doing of which constitutes the alleged con- tempt, is a position at war with all just law and shocking to the very instincts of human liberty. proceed to show, in another, and, in the main, distinct Yew, that it is impossible to hold that presumptions will be made in favor of the jurisdiction of the Senate in the case at bar, such as would create power and jurisdiction to ask the questions set forth in the indictments, an- swers to which were refused. We present this other view by laying before the co: rt condensed statements of what w sd in the case of Kilbourn ys. Thompsoa, which shows that if the answers to the questions asked of Kilhourn couid lawful be refused, then, a fortlorf, can these be refused in the case at bar Without liabi to punishment for such refusal.” Mr. Conrad's Rep! Replying, Mr. Conrad said the penalty of the lower court should net’ be imposed for centempt, but for a misdemeanor, and he contended that it was just as competent for Congress to provide for a refusal to answer the questions of ome of its commit- t as it was for a state legislature to pro- vide punishment for a refusal to reply to the questions of a grand jury. He said there was no encroachment on the Senate's prerogatives. —.—_—__+ e+ HUNTER GAINED ONE. He Was Still Two ‘Wotes: Short of Election. LOUISVILLE, Ky., March 2&—A speciai to the Post from Frankfort says: All morning the greatest &xcitement pre- valled among the legislaters, Haunter (rep.) claimed that his election. was assured, but Gov. Bradley's workers Were on active duty. and neglected no,opportunity to sow seeds of discord among the supporters of the nominee. The silver democrats an- nounced with boldness that they would vote for Bradley if at any time they saw that by so doing they wou!d elect him. The first joint ballot taken since the leg- islature was convened in extra session re- ted, as the test vote taken yesterday dicated, in no election, although the Hun- ter men moved heaven and earth to ac- complish the election of their man. The first ballot was as follows Hunter (~ep.), 67; Blackburn ( crav, 4%; Davis (sound money democ 2. Necessary to a choice, 69. Tyler, Boyl Stone and Buckner got the scattering vo:es. The vote shows a slight gain for Huncer, he having received ont on a test vote. ber absent toda: democrat from iver demo- cken count Norman and Baird, two silver demo- crats, voted for Hunter again today, as they did yesterday. The general assembly then adjourned without attempting to take another ballot. eee BROTHER GABRIEL-MARIE CHOSEN. nera} of the Christian Brothers, PHILADELPHIA, March 24.—A cable- y Superior gram from Paris announces the election of Brother Gabriel-Marie as superior general of the Brothers of the Christian School. The chapter which elected him met March 19, and consisted of 102 delegates, representing 15,000 brothers in all parts of the globe. Ki ‘The new superior generat is about fifty- six years old. He received thts early educa- tion in the Christian Brothers’ College at Lyons, and at an early age entered the preparatory novitiate of the order there. Having displayed special aptitude for the natural sciences he was early in his career assigned to fill that chair in the Lyons col- lege. In 1876 he was sent to teach the higher mathematics in the School of Technology at St. Etlenne. Here his re- markable skill as teacher and scholar brought him into close contact with the experts of the French government. He be- came the adviser of the late superior gen- eral, Brother Joseph, and in 1882 was elect- ed his assistant. a NAVAL APPRENTICES DESERT. Need for the Use Tactics. SAN DIEGO, Cal., March 24.—Sixteen ap- prentice boys haye deserféd from the United States gunboat Adams in two days. The officers say that different tactics in training the boys must be pursued or whole- sale desertion in every port will result. An officer came ashore in.a launch with a crew of eleven apprentices, » When he re- turned to the launch alt the ‘boys were missing, and he had to hire a boatman to take him back to the ship. > >— LORD ABERDEEN’S SUCOESSOR. ef Different The Duke of Leeds Wmt Be the Next Governor General‘wf Gamada, LONDON, March 24.-®ruth: says that the Duke of Leeds will stmsceed the Earl of Aberdeen as governor gemeral of Canada in 1898, George Godolphin Osborme, temth duke of Leeds and a prince of thesholy @oman em- pire, was born ‘In 1862, md sweceeded to the title at the death of hits father, in 1895. He was educated at Etoniand Trinity Col- lege, Cambridge; was an assistant private secretary to the secretary of state for the colonies from 1886 to 1888, and was appointed treasurer of the queen’s house- hold in July, 1808. He was married in 1884 to Lady Katherine Frances Lambton, davghter of theesecond earl of Durham. He has four daughters 11 : eS Passed by the IMingis Senate. SPRINGFIELD, Mil, Margh 24.—The anti- department store biy passed the state senate with only. four negative votes. The house is expected to-pass the bill, but Gov. Tanner may veto itn the ground of unconstitutionality,. ee: Wilmington’s Trial Betayed. NEW LONDON, Conn., March 24.—The trial of the gunboat Wilmington has been deferred-on account of unfavorable weather. WORKING ON LEVEFS/SOME TARIFF People in the Lowlands Striving for Their Safety. ———— FARMERS ARE PREPARING 10 MOVE —-+ Serious Situation of Affairs at Alton, Hlinois. +> WEST CEDAR RAPIDS FLOODED eens CINCINNATI, Ohio, March 24 to the Commercial Tribune fro: says t wind was blowing |b the rate of forty-four miles per the northwest. At Mound City the waves levees and are threatening their de tion. People are working hard bui bu'kheads, but fear r All good: Leing moved to plac The wind strike s where stron| and is doing ».0 damage big force of men is on duty watching A special Cairo, HL, st night hour from strike the truc- A them. A big barn on pos:s in the water at st Cairo, Ky., was blown into the water with five horses, tw ven cattle, a great number of hogs 000 bushels of corn, The live stock was drowned, ST. LOUIS, Mo., Mar flood 13 threatening points the Ilincis, Missouri and riy which are cising age as yet has been approaching the danx plac Farmers along. the No dam- ater is and hou: The at Pekin, IIL, is threatened with destruction. lion, HL, reports a serious situation owing to the rush of water from the ili and backwater from the Missouri. At Quincey, IIL, the danger line teen feet and the river up twelve fe and ng. At Keckuk, I+ there has heen a hig rise in the Mississippi viver durmg the past tlurty-six hours. ‘his is partly due to hackwater from the Des Moine CEDAR RAPIDS, Iowa, Mat river last night reached its since 1884. The gauge show had reached a mark twelve feet above low A large portion of West is under water in some p ac it being from three to five feet d dam across the river at this point is in some danger, although it 1s believed it will stand it. Several warehouses h been flooded ar lerable loss has re- sulted, ‘The e been compelied to close down, is now slowly receding. MEMPHIS, Tenn., March The flood situation today is most enc rg. Good news continues to pour in, and at this wrii- ing it looks as if the worst is © steamers are anchored in port with nothing to do, and the work of the citizens’ mittee is now confined to caring for thousands of refugees in the city. The Mississippi river is failing. the ga owing a drop of 0.1 in eighteen hour stun is shining brightly and repor I levee telegraph the land protectors are phisians in consequence than for weeks. ee JOINS THE ASSOCIATED Herald The Boston ives Up Its Former News Service. BOSTON, March 24.—The Boston Herald Company has signed a nine with the Associated Pr services of the New Press and United Pri ear contract The New resented by its counsel, gber, appeared the me judicial ceurt in equity y sked for a restraining order to prey directors the of the Boston H 3 m leay ing the New Press and signing a contract with the Associated Press, Afte’ an ex-parte hearing the court granted the order, wich was served at once upon the directors of the Herald com- ‘pany. Col. Melvin O. Adams, counsel for the Herald, thereupon obtained from the court assignment fur an immediate hearing, which was fixed tor 4 o'clock in the after- noon. In the hearing, which began at that hour and lasted until 6 o'clock, the Her- ald company was represented by John Lewell and Col. Adams, and Mr. Gallagher had assoclated with him Mr, Bailey as counsel for the New England Associated Press. Counsel for the Herald represented to the ccurt that the contract between the Herald company and the Associated Press had been made already under date of March 19, and that it had heen signed by four or. five directors of the company, who were also a majority of the stockholders, both in interest and in number; further, that it was of the greatest importance to the Herald that its business and business policy should not be interferred with in the man- ner contemplated by the New England As- sociated Press. question had they maintained that the a no standing in equity, and that if the withdrawal of the He id worked an injury to the New 5 sland Associated Press its extent should be de- termined by ordinary legal process, and was clearly assessable in money damages, Counsel for the New England Associated Press argued that the withdrawal of the Herald would constitute an irreparable camage to their clients, and that therefor the case was one in which there could be ro adequate remedy except that obtained in an equity court in the form of an in- junction which should compel the Herald to centinue a member of the New England Associated Press. Mr. Gallagher declared repeatedly that the failure to obtain such an injunction would mean the complete destruction and Cisappearance of the New England Asso- clated Press. He also read an affidavit from Mr. H. H. Fletcher, superintendent of the New England Associated Press, in which that gentleman made the same dec- laration, sustaining it with facts and ex- Flanations as to the condition and obliga- tions of the New England Associated Press. Judge Morton decided in favor of the Herald company, tius restoring the case to the position which it would have occu- pied if the restraining order never had been icsued, and leaving the Herald directors free to act according to their own judg- ment. In deciding the case he said that the New England Associated Press was a voluntary copartnership, from which any member had a right to withdraw, leaving its Hability to its associates to be determ_ ined by the law. The Boston Herald's right of withdrawal could not be abridged by any contracts entered into by the New England Associated Press, even though its proportionate Hability under those con- tracts should continue after its withdrawal. He said further that any hardship or losses which the remaining members of the New England Associated Press might suffer in consequence of action on the part of the Herali, which will be clearly within its rights, was aside from the question and not to be regarded as part of the case. Following the Herald’s Example. 4 BOSTON, March 24.—Following the ac- tion of the Boston Herald, the Boston Daily Advertiser and the Boston Evening Record today signed ninety-year contracts with the Associated Press, at the same time dissolving all relations with the Untte® Prees. TWO CENT Se CHANGES Books and Scientific Apparatus to Be Ad- mitted Free. The Committee Amendments to Be Adopted in the House Before the Bill is Passed. The opposition made by the coll-ges of New England and by many scientific men against the duties placed on books and scientific apparatus by the Dingley bill [induced the framers of the measure to amend it today and restore so many of these articles to the free list as are im- ried for the use of educational iastitu- tions. Protests have come to the commiz- tee from many sou It was also dec to make several amendments to the bill, of whieh this was the most important. They drew a new c tifie ap S, instruments, books, charts and cher 2, Such as are 2ot pub- lished or made in the United States, when expressly imported in good faith by and for the use of any regularly established or incorporated university, college, acad- emy, school, seminary of learning, or free not intended for sale, and s of the Treasury shall make suitable regulations to carry out the in- tent of this paragraph. The rates originally fixed in the bill were per cent on booxs amu 45 per cent on scientific apparaius. The paragraph under which works of art tor free public exhibition were admitted free under bond for six adened. So that works of free of charge for at least ixth of the time, at a fixed place “by association established in good faith duly authorized under the laws of the States or State expressly for motion of ny selence. art or in- and not for sale, shall be admitied duty under such regulations as t ry of the Treasury may prescribe.” the cretary imported se inserted in the chemical pulling chlorate of soda at 3 per pound. duty on pin which was two cents a pound originally, was changed to foot on pineapples im- rels and other packages, and r 1.009 on those iinported in bulk. The nge on pineapples was made in re- Sponise to an appeal from representatives of the Ba neries, Who visited the Capitol < Mai of the fruit are imported into Bi more from the Bermudas for can- ning, and the ships, by carrying return curgo have built up an extensive trac between the tslands and the port of Lalti- more. It was represented by the canners that under a duty of cents a pound the seen hi anned pineapples would become so consumers would buy other ht trui ad reduce the pineapple tusiuess. All committee amendments agreed upon by the republicans will be offeced in the Beuse and adopted before the bill is d Chairman Dingley, speaking of the ad- mission of books and scientific apparatus free, said that since the enactment of ihe Wilson bill the foreign works had been bought almest exclusively Bcods could be obtained. pe Not Stand in the Way of the Tarif Bil The dinner given to ex-Senator Dubois last night by the silver republicans of the nate and Mouse resolved itself into an important conference on the policy to be pursued by this-party with reference to the Dingley tariff bil, The result was a practical conchision not to stand in the way of stment of the bill into law. This has been known to be the policy of majerity of the silver republicans, but ¥ had not hitherto agreed upon this ne of action in concert. No formal reso- iution d last night, but the ex- pression of opmion was so general as to leave no room for doubt as to the poli that will be pursued on the final passag. of the Dill, t was not Je bers shoull voie fer actical Vote against leaving it to Indi- 1 determination whether to yote for refrain from voting. The senatorial m of the party stated that it would be time cnough for them to make a choice between these two lines of action when the bill should be reported to the Senate by ihe committee on finance. It is also understood that the silver republicans will not unite in any dilatory tacties to delay a final vote on the bill, but that they will demand all the time ni ary to eyplain the position they occupy as a party and as individuals. The opinion was generally expressed at the mectmg that the passage as adop ermined whether the mem- of the bill would not bring a return of prosperit and that it was yood po.icy for th s a party to allow this to be Gemon ted to the count: = SS AN IMPORTANT CHANGE. Capt." Hein Appointed Commandant of the Cadets at West Point. The President today made an important change at the U. S. Military Academy by the appointment of Captain Otto L. Hein of the Ist Cavalry, to the office of com- mandant of cadets in place of Captain S. M. Mills of the 5th Artillery, who has held it for several years. Captain Mills is ordered to join his battery in the De- partment of the Bast. Next to the superintendency the assign- ment is regarded as the most desirable at the academy The incumbent has the rank and pay of a lieutenant colonel of the line. The change takes effect June 15. Captain Hein is now in this city on leave of absence. -e-—__ WO PLACES FILLED. But Both Gentlemen Occupy Confi- dential Relations to Gen. Alger. Secretary Alger filled two places in the War Department exempted from civil ser- vice rules today. He appointed I’rederick C. Squires of Michigan his private secre- tary, and Victor L. Mason of the District of Columbia, his confidential clerk, each at a salary of $2,000 a year. Inasmuch as Congress failed to make specific provision for the payment of the salaries of these offices the two gentlemen named were ap- pointed to places in the war records office, for which there is a lump appropriation, and assigned to duty in the office of the Secretary as private secretary and confi- dential clerk, respectively. This action was taken with the approval and consent of the civil service commission, with the under- standing that the incumbents are not elig- ible to transfer to places wit the classi- fled service except by examination and cer- tification by the commission in the regular way. In other words, their appointments hold good only so long as they serve the Secretary ef War in a confidential capacity. Mr. Squires was formerly a clerk in the record and pension office, War Depart- ment, and resigned it to accept the clerk- ship of the House committee on vate land claims, which office he holds at pres- ent. Mr. Mason is a Washington boy and a graduate of the Columbian Law Sehvool. For some time he has been clerk to the board of fortifications and ordnance at a salary of $1,600. Since the change of ad- ministration he has been acti pha gm Mr. to Secret Alger. * Sauires are expert Dakekee and type- ‘ers. “Want” advertisements ~. The Star pay because they bring answers. AUTONOMY REJECTEC Cretan sence Union With Greece. ——- READY TO FIGHT 70 THE LAST FOR If More Turkish Reserves Called Out by the Sultan. REPORTS FROM THE FRONTIER —— = ATHENS, March A dispatch from Canea, 1 of Crete says that the in- surgent’ commander-in-chief at Akrotini this morning 1 powers to gray various |) s of who had assemb) the tsland ly declared ths sible—th to Greece struggle for the TURKISH rred proposal of the omy to Crete to the the insurgent forces, 4 from different parts of retan leaders unanimous- S were pe n of the Island of Crete wntil death ends the two i or The LONDON, March 24.—The Westminster Gazette this afternoon says there Is some reason to be reached by the sultan’s eve that ween agreement might > powers, based upon eptance of the proposal of Greece to nominate Prince George as high commissioner of Crete. This report, however, conflicts with the Cispatch from Constantinoph the calling out for active + of further large contingents of the Turkish army, and with the advices from Crete, via Athens, saying that the © an leaders have deck i announcing to accept nothing short of union with Greece = CONSTANTINOPI March 24.—A spe- clal irade was issued by the sultan this morning, calling out for tive service forty-four battalions of the reserves ef the 2d Army Corps and also summoning to the colors the Whole of the contingent of 1897. ATHENS, March 24.—Adviees from Arta Say tha’ < ult of the protest of Greece, has stopped the construc- tion of fortitic ons at Pr a, at the northern entr of the Gulf of Arta, which was contrary to the stipulations of the treaty of Berlin Startling reports are in circulation here regarding the numerical strength of the Turkish troops on the frontier. For in- stance, one report has it that the Turks have con Tee ou pps on the frontiers of Epirus alone. The report, how= ever, is not believed in military circles. ENGLAND WILL NOT TAKE PART. Opposed to Joining the Proposed Blockade of Greece. 5 LONDON, March 24.—The Daily Chron- { at Athens says has learned that Great part in a blockade bas no ction to other power al cor spond nment e Greek gove from its own official Britain refuses to tak . though she ake The government also learns from simi that admirals of the interna- tan waters have informe tts that their po- and that the: uctions or be re- soure the tionai fle sition is no longet must receive definite in called, LONDON, March ‘The ‘Times’ cor- respondent at Paris calls attention this morning to the article in the French con- stitution which debars the President of the French republic from declaring war with- out the assent of parliament, and says: “Europe must be prepared for the with- drawal of Frarce from the European con- cert in the event that the Cretan difficulty should require more severe measures than the chamber of deputies will sanction.” The correspondent of the Daily Chronicle at Athens says that on his return from St. Petersburg on Monday, M. Onou, the Rus- sian minist had an audience with King G hom he presented an autograph om the dowager eczarina. The letter contained no political communication to the king. M. Onou then had an audience with Q n Olga, to whom e presented an autograph letter from the . containing a draft for 50,000 roubles r tne Cretan refugees at Athens. Upor this incident the correspondent remarks “Thus Russia's peculiar diplomacy offers a cordial grasp with one haod and a buffet with the other.” The Daily Chronicle prints a rumor that Lord Salisbury and the cabinet discussed yesterday the sultan’s acceptance of the proposal of the King of Gre to nomi- nate Prince of Crete. The Chronicle prints also another lobby rumor to the effect that Great Britain has declined to be a party to starving of inno- cent Cretans in the interior of the island, and a report that British ships intend to run the blockade, contending that it is in- defensible under international law, inas- much as neither Turkey ner Greece has openly declared war, A dispatch to the Daily Chronicle from Canea at midnight says the transport ship Clyde, with the British contingent of oc- cupying troops, has arrived and will land them today «Wednesday). The proclama- tion of bloc! sts of seven articles, The first provides that no neutral vessel nor any vessel belonging to one of the six powers shall be allowed to land stores ex- cept at ports occupied by the powers. The second provides that no armed per- sen and no on of Greek nationality, armed or unarmed, shall be allowed to land without the authority of the senior naval officer on the station. The remaining articles fix the blockade limits and state the conditions under which vessels are to be searched. By the terms of the sixth article, Greek ships found with- in the blockade limits will be treated as hostile vessels. By the seventh any Greek torpedo boat observed within the limits of the blockade will be fired upon as soon as they come Within range of the international ficet. The proclamation makes no allysion to exports. But as two British ships which have been loading at Canea have been for- bidden to leave, the presumption is that they also are debarred by the conditions of the blockade. The shippers controlling these vessels have lodged a formal protest against the prohibition as unjust and arbi- trary. A dispatch to the Daily Chronicle from Constantinople says that the Turkish gov- ernment, on hearing that Greece was about to send a vessel laden with ammunition to the islands of Mitylene and Sclo, ordered the Turkish naval commanders cruising in the archipelago to prevent the landing of warlike’ stores by every means in their power, The Turkish camp at Elassona is regard- ed as the key to Macedonia, and is being very strongly intrenched. Several officers who served under Osman Pasha at Plevna have been sent there to take command. CONSTANTINOPLE, March 24.—Sir Phii- Mp Currie’s remonstrance to the porte for the Tokat massacre is one of the strongest that has ever been delivered by an ambas- sador. An extraordinary meeting of the ecuncil of ministers was held today at the Yildiz Kiosk; and this evening the porte has informed the foreign embassies that the mutessariff of Tokat, the prefect of police and the chief of the gendarmerie of the city have all been dismissed. The mobilization of the Turkish ironclads afte# fifteen years of imprisonment in the Golden Horn has produced the impression intended by the sultan, reviving the pride of the Mohammedans and mitigating the general pessimism. George as high commission