Evening Star Newspaper, May 10, 1897, Page 1

THE EVENING STAR. PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR BUILDINGS, 1101 Pennsy'van'a Avenue, Cor. a St, by ‘The Evening Star Vew r Company. SH. KAUSYMANS: Pres'e.” Few Yock (Fee, 40 Fetter Euildirg, ‘The Er city by ing Star Is served to subscribers in the ts, on their own account. at 10 cents r 4i cents per ‘wenth. Copies at the conte each. By tiail—anywhere fu the tes or Cuuada—postaze prepaid—50 cents Saturday Quintuple Sheet Star, $1 per scar, with foreign postage added, $3.00. (Entered at the Post Office at Washington, D. C., as second-class mail matter.) TF All wail subseriptions must be paid in advance. Rates of advertising made known on applicatlo THE SUGAR TRUST Working to Maintain the Senate Fi- nance Committee Schedule. WiLL ABROGATE HAWAIIAN TREATY a Surprise at the Effrontery of the Proposition. es es WON’T PASS THE HOUS pane See The sugar trust people, with all their combinations, open and secret, are work- ing {o their utmost to maintain the Senate finance sugar schedule and the abrogation of the Hawaiian reciprocity treaty. There is no question about the fact that the striking out of the exemption clause with respect to Hawaiian imports amounts to brogation of the treaty. The striking cut of this clause appears in the nature ef a trick. When it was proposed in the committee to strike the clause out it was argued that this action amounted to no more than leaving the question to be set- tled independently in the Senate. Effect if It Stands. As a matter of fact, if it stands as the an committee left {t, the purpose aimed at by the abrogation of the treaty will have been accomplished, and the sugar trust will not care about any independent props- sition affecting the treaty. ‘The pretense is being made that this is to be done in the interest of the beet sugar in ustry, with special reference to the inte ests of the farmers engaged in raising sugar beets, but it is as . and is prob- y true, that the trust through its «om- Linatio prepared to get its clutch on the beet sugar as well as all other, and it is evident that the beet sugar people ana the trust representatives are here working together. J. D. Spreckels, Oxnard and a number of others, representing the irust, the Spreckels and the Oxnard interests, are kere hard at work. Ex-Senator Felton of California is on hand, and is understood to represent the sugar people. It is represent- ed that he ts working very effectively to counteract the Influence of the Galifornia protests against the abrogation of the Ma- wailan treat The Iniquity of the Scheme. iniquity of the whole sugar trust scheme is dawning upon Congress. It is doubted whether their propcsitions, now that the facts are coming out, will be able to get even through the Senate. It is thought that even some of thcse favorable to the trust will not have the hardihood to face the prospects of scandal. Experts who have been studying the Senate sched- ule tind it practically impessible to dig out all there is in it for the trust, but they tin enough to condemn the whole thing. Th ilable figures on the subjec nate compound duties r sult in, at least, doubling the differenti luty carried by the Dingley bill, or even t the present law, which gives the trust the benefit of the ad valorem in addition to the cific 1-8. The best toriff expert at the ‘apito! states the differential auty in the Senate bill at about 3-4 of a cent. The Yhe Differential Duty. The differcntial of nominally one-eighth carried in the present law was regarded as very liberal, and sent the sugar stocks up. ss is differential was actually greaier be- e of the ad valorem duty of 40 per This ad valorem amounts to 75 per in the Senate bill. If expert opinion be given value, this schedule is almost inestimable value to the trus and is so bad thet the surprise is that they would have the effrontery to present the proposition. Hou: wi may be ty that the Hou: schedule, and it Senate will stand Jorem duties a valuatio: ti Never Agree. as practically a certain- will never agree to this 1s not believed that the out for it. The ad the interest of under- rs and of further to lucrease the amount oi ial between the raw and the re- © ud valorem feature of its calculated, involves loss of about $17,000,000 ear, through underval direc ind, thing raw value to the trust of the fined sugar. the present 1 this country 1 of revenue « tiers any nate bill No Investigation Likely. extensive speculation the strength of advance informatioa this schedule has becn it is not pos- to determine, but the appears to hb: How on by senators information ve been confined to,a few. It is net likely that there will be any in- vestigation, such as was had when th bill was under conside: : speculation has not been so open, but an that the schedule not ex- ¥<Cted to stand is given in the alleged fact ation, t culators fealized on their ven- t r the stock had gone up thr cr ‘our pdints. If the schedut were likely 4 to the stock would be ex- igber than it did during S Speculations of "MH. ormation is that the abroga- © adher 8 i Hawail:an uty, the Senate Sugar schedule and the schedule reducing duties on the grades of wool grown in this country and increa the duty oa ca t wool can never be got through the Heu: MRS. IN "S BEHALF. Ex-Commissioner Tanmer Urges Her Reinstatement in the Patent Oilice. Ex-Commissioner of Pensions ‘Tanner called upon Commissioner Butierworth of the patent office today to request thai the widew of ex-Mayor Sayles J. Bowen be ted in the position in that depart- ment from which she was removed during the last administration. Mr. Tanner told reinst Commissioner Butterworth that ex-Mayor Bowen had left his widow without any n for her support. Mr. Howen had clerkship in the State Department, to which he was appointed by Mr. Biaine. but was removed by Secretary Foster. His widow then received an appointment in the patent office, which paid her $# a month, on which sae end her husband were sup. ported until the latter's death. During the last administration Mrs. Bowen was re- moved front this place, and Mr. Tanner to- Gay asked that she be reinstated, under the rule which permits the widow of an voldier to be given back the place from h she was removed without regard to the year limit placed upon other employes ef tae government who seek reinstatement Mrs. Bowen's first husband was a Union soldier, who has a record of three years" fe ¥ Commissioner Butterworth asked Mr. Tanner to submit a statement of the case fn writing, and yemarked that he might give Mrs. Bowel encouragement in her effort to regain her old place. Se eS THE REPORT DENIED That This Country ang Spain are Se- cretly Segotiating. The report that secret negotiations of gmeat importance are being carried on be- tWeen Spain and the United States in re- gard to Cuba is denied at the State De- partment. MONDAY, BELL COMPANY WINS Important Decision by the United States Supreme Court. The Control of the Telephone Involv- ed—Lower Tribunal Sustzined by the Higher. The Bell Telephone Compay won the case brought against it by the United States to annul the last Berner patent. This de- cision has the effect of continuing the con- trol of the telephone by the Bell company for seventeen years from the date of the last patent, which was granted in 1891. The government asked to have the patent of 189 set aside, on the ground that the delay of thirteen years In the patent office was fraudulent, and through the fault of the telephone company, and that the patent issued in 1880 covered the same ground on which the new patent was applied for in INT. No Evidence of Collusion. The court, in its opinion delivered by Justice Brewer, held that there was no evi- dence of corruption or undue influence ex- ercised over the patent office by the tele- phone company; that there was no evidence that the delay in granting the patent had been brought about by the company. It held that whatever delay had been was through the fault of the patent office and by no fault of the company. Justice Harlan dissented from the opinion, Justices Gray and Brown, it was an- nounced, took no part in the case, pre- sumably because they were interested. The court held that in order to set aside a patent the government must establish grounds of relief as clear and satisfactory as it would to set aSide a land patent. All other allegations of the government besides that of delay were overruled. ‘This decision by the Supreme Court sus- tains the lower courts, An mportant Case. This case has attracted wide attention, because of the extensive interests involved in its settlement, and the opinion of the court has been anxiously awaited. The suit involved the practical control of the art of telephoning. It originated in a charge of collusion in the patent office and was brought to obtain the repeal and cancellation of letters patent of the United States No. 463,369, dated No- vember 17, 18M, granted to the American Bell Telephone Company, as assignee of Emile Bertiner, the alleged inventor. The repeai and cancellation of the pat- ent were sought upon the ground that the application for it while filed in 1877 was not issued until 1891. This delay was charged to be unnecessary and improper cn the part of the patent office and the Bell Telephone Company, which, as Ber- assignee, controlled the application. S asserted that the company had ac- quiesced in ard promoted the delay, and for their own interest thus defrauding the public of its rights. It was claimed that the Berliner patent practically ccntrols telephony, as it has to do with both the transmissicn and re ceipt of sound, and that the delay thus secured until 1891 operated to prolong the control of this act for fifteen years beyond the time of the expiration of the Bell pat- ent. It was also asserted that the patent was granted by the commissicner of patents without authority of law, and that it was for the same invention for which a patent had been granted in ISS, and that the principle was, therefore, not new. The suit orfgirated in the United States eireuit court for the district of Massa- tts. where it was decided in favor ot United States. Upon appeal to the the circuit court of appeals for the first ¢ cuit this decision was reversed and the contenticns of the Berliner claimants un- held. From this opinion the United States appealed to the Supreme Court. aes e+ SENATE DISTRICT COMMITTEE. Stewart of Nevada Delaware Are New Members. The Senate committee on the District of Cclumbia was reorganized today by the addition to its membership of Senator Stew- art of Nevada and by the appointment of Serator Richard K. Kenney of Delaware, in place of Senator Smith of New Jersey. The full committee now consists of James McMillan of Michigan, chairman; Jacob H. Gallinger of New Hampshire, Henry C. Hansbrough of North Dakota, Redfield Proctor of Vermont; Jeter C. Pritchard of Nerth Carolina, Lucien Baker of Kansas, George P. Wetmore of Rhode Isiand, Isham G. Harris of Tennessee, Charles J. Faulk- ner of West Virginia, Thomas S. Martin of Virginia, Augustus O. Bacon of Georgia, William M. Stewart of Nevada and Richard R. Kenney of Delaware. With the old members of the committee the readers of The Siar are well acquaint- ed, and it is not necessary to say anything of their history or services. Mr. Kenney is a newly elected senator and took his seat last February. He is a lawyer of high standing in his state and read law under the tuition of the late Senator Willard Saulsbury. He was appointed adjutant general of the state in ISS7, and has been prcminent in democratic politics of the state sinc: S92. Senator Stewart of Nevada has been in the Senate for twenty years and is well krown in business and political circles of the natioral capital. He has always taken an active and intelligent part in legislation for the advancement of District interests. and Kenney of PRESIDENTIAL NOMINATIONS. and Interior Appointments. The President today sent the following nominations to the Senate: Treasury—George A. Farr, collector of customs district of Michigan; James A. Coye, to be surveyor of customs for the port of Grand Rapids, Mich. Interior—Frank D. Healy of Oklahoma, to be register of the land office at Wood- ward, Oklahoma territory. ‘Treasury Department ———_ +e The Brooklyn Leaves Newport. ‘The cruiser Brooklyn left Newport this morning for New York, to prepare for her cruise to England to take part in thé queen’s jubilee. The gunboat Nashville is wt Newport News, The gunboat Petrel has arrived at Yokohama from San Francisco, ee To Arbitrate the Cheek Claim. It is understood that invitations have been sent to Un‘ted States Minister Barrett at Bangkok to draft a treaty with the Sia- mese goverrment for the arbitration of the celebrated Cheek claim, and that Judge Hannen, the British chief justice at Shang- hai, has been agreed upon as the arbitrator. -. Serious Charges Against Deputies. Inspector Taylor of the Department of Justice, who during the past week has been inspecting Oklahama court affairs and in- vestigating charges against deputy United States marshals in that territory, is ex- pected here tomorrow to make his report to the Attorney General. It is‘safé-his re- port will expose the practice of going out and dragging in scores of farmers.on triv- ial timber-cutting “bleed” the government for fees, in many cases the prisoners, when innocent, being induced to plead guilty on promises of re- lease at once, the deputies te pay the nes themselves out of the fees, ~ y AT THE WHITE HOUSE Local Republicans Called Regarding the Recordership. ; 100 LATE FOR A DISTRICT SELECTION The President Says He Has De- cided on Cheatham. NOT YET NOMINATED There were some newsy developments at the White House today regarding the re- cordership of deeds of the District of Co- lumbia. All indications point to a fight being made on Cheatham’s confirmation, if ‘he is nominated. A number of District re- publicans called at the White House to- day. The first delegation to call was composed of R. C. Douglas, W. McKinley, D. B. Me- Carey and H. P. Montgomery. They went right into business with the President, asking him the straight question if he would nominate a District man for re- corder of deeds if the District republicans would concentrate upon one man. The President as frankly told them tha it was too late now; that he had decided upon Cheatham. The President went on to say that he felt he was under obliga- tions to the republicans of the south, and particularly to those from North Carolina. For this reason he would give the record ship to a District man. The President said that the recordership had heretofore heen filled by an outside man and he was sim- ply following precedent. Later in the day Bishop Handy of Bal- timore, Rev. J. A. Johnson, pastor of tne Metropolitan A. M. E. Church; Rev. W. H. Beckett of Baltimore, Howard Williams and Robert Terrell of this city called at the White House to see the President about the recordership. They waited a long time, and were unable to get io see the chief executive, making an engagement with Sec- retary Porter to call Wednesday. ‘The want to present the claims of J. T. Brad- fcrd of this city and Baltimore. They say that Bradford lives here and owns property in the District, although dcing business in Baltimore. “They look upen Bradford as a District man. Brad- ford's name was some time ago presented to the President for this position by Sena- tor Wellington. He has the indorsement a ee members of the House from Mary- land. A Kentucky Aspirant. Senator Deboe and Representative Colson of Kentucky also Intended taking a shot at the recordership, but they changed front on learning of Cheatham's probable ap- peintment. They went to the White House with W. A. Gaires, a Kentucky cotored men, who had aspirations for the recorder- ship. On learning of the state of affairs they entered Gaires’ name in the list of applicants for register of the treasury. They received assurances that the man for this place has not been selected. The fact that Cheatham’s nomination did not go in today excites a belief in the minds of some of the District callers that the nomination is to be held up pending efforts in behalf of others. Nothing could be learned, however, to confirm this. The delegation which made an appointment for Wecnesday received no suggestion that the nomination of Cheatham wou!d be heid up. Senator Pritchard, who called at the White House today on other business, said he believed the President would notify him if he had changed his mind in regard to Cheatham. The Senator further said he did not believe Cheatham’s nomination could be defeated in the Senate. It was expected on all sides that Cheat- ham was to be nominated today. The only explanation of the failure is that the Pr ident received requests from influenti, sources to hold the nominaticn pending a hearing. Senater Foraker and Grosvenor of Ohio are thought to have talked with the President today about the tariff bilt as turned out by the Senate com- mittee. An Assistant Treasurer. Senator Wellington called at the White House this afternoon and vresented § Senator James Muir Sloan of Allegiany county. Senator Wellington has decided upon Mr. Sloan as assistant United States treasurer at Baltimore to succeed the late Judge Ormond Hammond. Senator Sloan's name was submitted to x conference of the Maryland Congressmen this morning, and Mr. Sloan was agreed right man for the place. It is understood that Senator Wellington had hari work to induce Mr. Sloan to consent to accept the place. Mr. Sloan says he will do so at a great sacrifice. Utah Representative Making a Strong Pull. ‘The Utah people are making a strong pull to have President McKinley visit Salt Lake city on the occasion of the jubilee there, beginning July 20, and ending July 24. A strong delegation saw the President this morning, and extended him an invitation, also presenting an address of some length, giving something of a history of the com- ing exercises. The delegation which came here from Utah, and which made up part of the delegation this morning, is composed of Geo. Q. Cannon, the heaa of the Mer- mon Church; Judge G. W. Bartch, P. J. lannan and Geo. W. Dorsey. With these men, and strongly urging the President to accept, were Senators White, Perkins, Pet- ugrew, Carter, Rawlins, Cannon, Wilson, Shoup, Warren and Cullom; Representa- tives King and Shafroth and ex-Delegaie Mark Smith. The President told the committee that he would be fnclined to accept the invitation if he had any assurance that Congress would get the tariff bill out of the way. The President quizzed several senators particularly Senator Pettigrew, as to whea he thought the tariff bill’ would Bet through. ‘Senator Pettigrew answered that six days’ debate would be sufficient for him. The President several times express- ed the hope that the tariff bill would go through Congress without too much delay. Minister to Greece. Representative Southard of Ohio visited the White House with Capt. M. J. Stan- ley of Bowling Green, Ohio. Capt. Stanley is a candidute for the Greek mission, and has strong backing. The President gives no intimation that he has made up his mind for this position, as was published charges — in order. to | some time ago, the statement then bein made that Dr. Hopkins of Atlanta hau been promised the Greek mission. Senator Platt and itepresentative Hurley of New York called to urge the President to appoint George W. Hart of Brooklyn as corrul to Toronto. Serator Pritchard of North Carotina in- troduced Maj. A. A. Campbell, a candidate for postmaster at Murphy, N.C. Senatoy Lodge and Kepresentatives Mc- Call and Gillette of Massachusetts called with Col. Henry A. Thomas, who was nom- inated last week for postmaster at Boston. Representative Hawley and G. L. Sie- brecht of La Grange, Texas, called upon the President. Mr. Siebrecht is an appli- cant for the marshalship of the western district of Texas. Lunched With the President. Wm. Penn Nixon, editor of the Chicazo| |Inter-Ocean, lunched with the President today. Mr. Nixon will succeed M.- J. Rus- Peel! as collector of the port .of Chicago. }:3t. 48 understood, however, that Mr. Russe, | Pry ‘ |remain in this city a gold democrat, will serve his term, which expires the last of the year. ~ Senor Romero, the Mexican minister, ar- ranged with the President to Usten to a concert of the famous Mexican Band at the White House tonight. Members of the cabinet and of the diplomatic corps will be present. Senator Foraker and Representative Gros+ venor have requested the President to ap- point J. W. Jones pension agent at Coium- bus. Gen. Draper, the new ambassador to Italy, paid his last formal visit to the President this morning before departing fer his post. Gen. Draper wilf leave New York Saturday on the steamer La Bour- gogne. Gen. Draper was accompanied by Wyckliffe Preston of Kentucky, a son of Gen. Wm. Preston, former minister to Spain. Mr. Preston is from Louisville and wants a consulate. He would) prefer that at Marsetlles. He is a relative of Gen. Draper. The Italian embassy is without a head. Ambassador McVeagh has been in this country some time. He has visit2d the President several times. Col. E. A. Buck, the new minister to Japan, was with the President some time this morning. Col. Buck will leave for Japan the 5th of June. His visit this morning related to Georgia affairs, An Extended Conference. Before he had finished his consultation with the President Postmaster General Gary and Major J. F. Hanson of Georgia were ushered into the cabinet room. A long conference ensued, lasting over an hour. The conference lasted so long that all the callers assembled were told that the Presi- dent would be unable to see them. There is no doubt that the conference related to post office matters in Georgia. The Au- gusta post office, over which there is a fight, is believed to have been the subject of the conference. Major Hanson is in- terested in the Macon post offite, but the term there does not expire for some time. There are two leading candidates for the Macon office—Walter P. Corbett and H. S. Edwards. General Bingham of Pennsylvania, who recently extended the President an invita- tion to attend the exercises of Meade Post No. 1 of Philadelphia on Memorial day, called to see what the President had to say. The President gave General Bing- ham an autograph letter expressing regret that an engagement would prevent his accepting the invitation. General Bing- ham will preserve the letter. THEY WANT THE OFFICES Numerous Applicants for District Positions Under the New Board. Commissioner Wight the Recipient of Many Congratulations—Poliee Off- cialis Call to Pay Their Respects. Now that the new board of District Com- missioners hag ‘been organized, applicants for office are coming from every section of the city, and the clerks were kept busy for a while today filing the papers. Commissioner Wight was on hand early this morning, and Ms office was deluged with visitors, many of whom calle& to ex- tend their congratulations. Somme were there for what they could get, A great many prominent citizens were. amemg those who came jn ta,pay their respects. Early in the morning Captain Austin of the police department, accompanied hy the several lieutenants, called to see the new Commissioner, who now haS charge of the police department, and: the captain intro- duced his brother officers. To each of them the Commissioner sa{d a pleasant word, for le had known most of thetn before he as- sumed the duties of his present office. He remembered Lieutenant Kelly esp well, and recalled the days when he lived in the precinct commanded by him. In a short talk to the visiting members of the force Commissioner Wight said he was greatly interested In police matters, and complimented ihe lieutenants on their fine appearance. He said he hoped all the members would take pride in presenting a neat appear- ance, for certainly neatness had some bear- ing on the general discipline of the force. The Commissioner also said he realized that the present police force is not large enough for the needs of the District, but until Congress shall give an increased ap- jation they will have to do the best y can. He realized that’ many of the men are now detailed on work whicn does not properly belong to the police depart- ment, and the return to regular duty of some of those so detailed will largely im- prove the efficiency of the force. Mr. Wight's chief clerk, Mr. J. Van Allen Stields, was kept busy opening the Com- missioner’s heavy mail, containing in large part congratulations, ‘which attested the personal popularity of the new official. Mr. Shields had also to do the work cf filing the numerous applications for office, among thxn being a number from persons who want to be the sealer of weights and meusures under the new administration. —__—_—__-e—— TO REBUILD PIER 4. Houston Construction Co. Bidx Lowest for Repairing the Aqueduct Bridge. Gen. Wilson, chief of engineers, has ap- proved the recommendation of Col. Allen, the engineer officer in charge, for the award of the contract for the construction of pier No. 4 of the Aqueduct bridge across the Potomac above Georgetown to the Houston Construction Company of Philadelphia, at its bid of $29,907.50. : Five bids were received for the work, but that of the Houston Company was. the lowest. Under the terms of the contract made with that company the work of re- constructing the defective pier must be completed by November 1 next. The ap- propriation for this work_is $64,000, being more than double the amount of the con- tract. . LOOKING AFTER THE SEALS. Mr. Hamlin Declines“'to Say What Plans Have Been Made. Mr. Charies S. Hamlin, ex-astistant se:- retary of the treasury, has ‘veturped from a visit to San Francisco, ‘where -he went to arrange a plan of action fer the protec- tion of the seal herds. from 4ndiseriminate slaughter by poachers during the coming summer. While there he had a full con- ference with Prof. J. StarrJorgan with regard to the prosecution of. his investi gation of the seal question at the Pribylof Islands, and s‘rce his retugm he has re- ported the result of lis pergonal .observa- tions among the sealing fleewat San Fran- cisco to Mr. John W. “Fosters, with whom he 1s associated in the peréectiqn of ar- rangements for the preserwatiom of the seal herds. ee He deciines to say anythingfor-publiza- tion in regard to. the progress,or plans of the American commissioners. 2S Personnl Mention. Capt. Rogers Birnie, . ordnance _depart- ment, has been ordered to special tem- porary duty in Califormia; Oregon- and Washington. 3 3 W. J. Calhoun, who will inyestigate the Ruiz case, left Saturday night for Tampa, Fla., whence. he will -sail for Havana. George Ao amen ita et accom- Migecretary Blan in in Sew"vork. He will return here tomorrow, : General Thomas Ex-Assistant_ Attor of the ‘Post Office De -will_resume De Soto, ¢ He will the practice of law al forty. miles: from -St. : ecially | THE HIGHWAY ACT |PIVIDED BY SILVER| Its Constitutionality Affirmed by the U. §. Supreme Court. EFFECT UPON Ss ~SEREGT EXTENSION Justice Gray Upon the Question of Benefits and Damages. a REASONING OF THE COURT In the Supreme Court of the United States today Justice Gray read the opinion of the court in the appeals from the Court of Appeals of the District in what is ki:own as the street extension case. As will be recalled, the cases inyolved the con- stitutionality of the act of March 2, 1503, which provided for the condemnation of a permanent right of way for the public ont- side of the citles of Washington and Georgetown, and in the District of Colum- bia. Justice Gray, after an elaborate re- view of the facts and law in the case, con- cludes as follows: “The result is that there is nothing in the act of March 2, 1803, ir consistent with the Constitution, and there- fore the judgments of both of the courts of the District of Columbia must be reversed; and that so far as these cases are disciosed by the records sent up, it would seem that judgment should be entered upon each of the verdicis as originally retucned. But the appellate jurisdiction conferred upon this court being restricted to the determination of the question whether the act of 1893, or any part thereof, is unconstitutional, the saier and fitter form of judgment appears to this court to be, judgments of the Court of Appeals and of the Supreme Court of the Disirict reversed, and case remanded for further procecdings not inconsistent with this opinion. The Question of Benefits. The effect of the decision of the Court of Appeals, from which both the Commission- ers and the property owners took appeals to the United States Supreme Co; Justice Gray held, is that the ow el of land, a right of way over part of whicn is condemned under the statue, is entitled to recove> the full value of the part taken free from any deduction for special beneti:s to the part which is left, ur of any asses: ment for the general benefits received by it in common with other lands in the neigh- berhvod. Justice Gray then reviewed the vurious acts of Congress and reached the conclusion that for a period cf more tha thr cen of Congress, authorizing the ls altering of public reads in the District out- side of the cities of Washington aud Georgetown expressly provided for the de- duction of benefits in the assessment of damages to the owners of !ands. He fur- ther added that the po: of Congr ex- ercising the right of eminent domain the District, to provide for the deduct benefits from the compensation or damages for taking pert of a parcel of laud and in- Juring the rest does not appear to have been judicially questioned untit it was denied by a mejority of the Court of Appeals of the District within the last two or three-vears. He says that this position not only against the untform course of previous legislation and decision in the District, but it is opposed to the ercat preponderaa. the authorities elsewhere. General Scope of the Act. In reply to a suggestion made in course of the argument of the vases, that the jury is allowed to deduct contingent and speculative benefits to arise in the fu- ture from the actual opening and’ improve- ment of the highways, Justice Gray re- viewed the general scope of the act, and reached the conclusion that the benefits as well as the damages to be taken into consideration are to be estimated as of the Gate of such appropriation. He adds that there is nothing unusual or unconstitu- tional in the provision of section 11, requir- ing benefits to be taken inte considcration in assessing the compensation or camuges to be awarded to the owners of lands af- tected by the establishment of new high- ways. the Section 11. Justice Gray states that the other prin- cipal question in the case is of the con- stitutionality of section which refers to the assessment of damages upon the prop- erty. He held that the provisions of this section are to be referred not ig the right of eminent domain, but to the right of taxation and the general rules applicable to this branch of the case. The justice held these have been uffirmed by a series of decisions of the United States Supreme Court. Intention of Congre: As to the alleged failure to define in sec- tion 15 the district or territory within which the benefits might be assessed, Jus- tice Gray held that the section would be eqvally constitutional whether the district of assessment was the particular subdi- vision or the whele District of Columbia. Moreover, he maintains that there does not appear to be any uncertainty in the in- tention of Congress as manifested in this section; nor can there be any serious doubt as to the rule of assessment which is to govern. The opinion holds the assessment 1s to be proportioned to the benefit, and not to the market value or any other test. Justice Gray further holds that a reason- able construction shews that the benefits to be taken into consideration and de- ducted in estimating the compensation or damages under sections 10, 11 and 13 are the special and direct benefits which the appropriation of a part of a tract of land for a highway may cause to the remainder of the tract, and that the benefits for which an assessment is to be made under section 15 are the general benefits accruing to ail lands in the neighborhood. Recording of the Map. : In-regard to the recording of the map, the opiuion holds that it does not consti- tute a taking of any land or in any way interfere with the owners’ use and enjoy- ment thereof. The act,-so the opinion -states, nowhere manifests any intention to give the recording of the map any further effect than that of giving notice to all per- sons of the system of highway proposed to be established by subsequent proceedings of condemnation. It does not undertake to restrict in any way the use or improvement of lands by their owners between the ‘times of the filing of the map and of the commencement of proceedings for co1.dem- nation of the right of way, or to simit the damages to be awarded in such proceed- n ee tice Gray is of the opinion that the act throughout clearly manifests the in- tention of Congress that especially with regard to the highways in existing sub- divisions, all the proceedings should go o: without unnecessary delay. Reference is made by Justice Gray to the contention by some of the owners of land, that the public improvenent proposed waS not cf a local character, but was for the advantage of the whole country, and should be paid for by the United States, and not by the District or the land owners. This ques.ion, the opinion maintained, is for the legis ature and not tor the judiciary to de- termine. 5 Naval Orders. ‘T. F. Burgdorff has been commissioned chief engineer of the navy. Myles Joyce has been appointed acting gunner. Acting | Boatswain H. R. Brayton has been ordered to the Boston navy yard. | Democratic Factions Are as Far Apart as Ever. Forcing Matters 1 the West—Trona- blesome Situation for Gorman and Murphy. As the time for the preliminaries ap. proaches, the difficulties in the way of Gemocratic union for the fall camps grow plainer and plainer. The subject is much discussed by the politicians. An- other divided vote will probah y mean an- other licking at the polls, and another licking at the polls will mean an increase ot factional bitterness all along the line. The danger is great, for vilver still remains the cause of cleavage. It was thought at one time that the Dingley bill would for the time supersede the silver question, but it has failed to do so. The silver demo- crats oppose the bill, but at the sane time refuse to abate any of their fervor for silver. Silver is still loved by their party hearts, and the issue altogether levely. Silver Men Forcing Matters in Ohio. Campaign matters are well advanced in Ohio. The silver democrats there have thrown down the gage of battle. ‘The pariy platform is to declare for free silver and for nothing else. The issue therefore will be even more sharply drawn than it was last year. John R. McLean will direct the fight, and in case of success wili be re- warded with the seat in the Senate now occupied by Mr. Hanna. But succe$s must be achieved without the aid of men_ like Mr. Brice and Mr. Johnson. They can 10 more support free silver this year thin last, and especially as the bring!ng forward of the issue again this year is a move in the play of making it the dominant is of the party for next year and for 10%). Kentucky Bryan Men Uncompromising A similar situation exists in Kentucky. The Bryan men there will listen to no com- promise as to silver. The gold democrats must surrender abolutely or go over again to the republic The democratic state conveniion will declare for silver. State will also be subordinated. Lean and Mr. Blackburn will have comparatively easy sailing so far as the conveniions and the selecting of candidates are concerned. Both have been silver men from the start, and have gathered their followers about them on that issue. Gorman and Murphy. Put what will Mr. Gorman in Maryland and Mr. Murphy in New York do? Neither is a silver man, although beth supported Mr. Bryan for President. Can they suc- cessfully meet or successfully evade the issue? Last year the Maryland democrats held their state convention early and adopted a gold platform. The national democratic convention committed the party to silver two months iater, and Mr. Gorman came into camp. But he was disastrously beaten at the polls. What will he do this year? Declare for silver, and thus make sure of the opposition again of the gold men? Or evade the issue and run the risk of offend- ing the aggressive silver men? In New York, with Tammany in control, nearly any.plaiform that promises success at the polls can be put through. The dem- ocracy there last year went over from gold to silver without turning a hair. But the people of the state, including many demo- crats of prominence, rebuked the shameless performance by the largest majority ever thrown against any ticket. Tammany is still the democratic power in the state, and the city patronage alone will hereafter be worth seventy million dollars per annum. What will Mr. Murphy do? Looking for Republican Division. The democrats will rely somewhat on re- publican division for assistance. The re- publicans will undoubtedly have troubles of their own. But with Mr. McLean and Mr. Blackburn beating the drum loudly for silver in their section, and Mr. Gorman and Mr. Murphy making little or no noise for silver in their section, the democratic di- vision will be greatly emphasized. - +--+ SENATE COMMITTEES. Assignments Approved by the Demn- cratic Caucus. The democrats of the Senate held a cau- cus today to consider the report of the ccmmittee which filled the vacancies in the Senate committees. The report was adopt- ed. The most important assignments are as follow Appropriations, Berry and Murphy; ance, Turpie; Indian affairs, Earle and Rawlins: interstate commerce, Tillman; judiciary, Chilton, Bacon and Gray; mili- tery effairs, Pettus; naval affairs, Builer (populist) and McEnery; Pacific railroads, Harris (populist), Smith and Rawlins; pat- ents, Mills and Berry; post offices and post reads, Mitchell, Pettus, Clay and Kenney; privileges and elections, Faulkner, Caffery, Allen (populist) and Pettus; public build ings and grounds, Murphy, Rawlins, Tur- ner (populist); pubsic lands, Allen (populist), Cannon (ilver repubiican) and MeKnery: rules, Pasco; territories, Hcitfeld (popuilisi), The new men in the Senate get the foi- lowing places: Clay—Agriculture and forestry, claims, immugration, post offices and post roads. to establish the University of the United States. Earle—Claims, coast defenses, immigra- tion, Indian affairs, international tions (select). exposi-~, Harris, populist, of Kansas—Civil service and retrenchment, irrigation and reclama- toa of arid lands, manufactures, Pacitic railroads, construction of the Nicaragua canal (select). Heitfeld, populist, of Idaho—Agriculture end forestry, irrigation and reclamation ef arid lands, mines and mining, territo- ries, international expositions. Kerney—Civil service and retrenchment, District of Columbia, organization, conduct and expenditures of the executive depart- ments, pensior.s, post officcs and post roads. Mcknery—Census, improvement of the Mississippi river-and its tributaries, naval affairs, public health and national quaran- tine, public lands. % Pettus—Military affairs, post offices and post roads, privileges and elections, rail- roads, transportation routes to the sea- board. Rawlins—Claims, immigration, Indian af- fairs, Pacine railroads, public buildings and grounds. Turner, populist—Cogst defenses, fisher- ies, immigration, pers‘ons, public buildings and grounds, transportation routes to the seaboard. The minority chairmanships where changes kave been made are as follows: Revolutionary claims, Walthall; investi- gate Potcmac tiver front, Gray; addit: accommodations for the library, Gorman; five civilized tribes, Berry. (pop.) goes to coast defenses; Smith retires from District of Columbia; Stewart (pop.) g9es to the District of Columbia; Murphy retires from education and _ labor, affairs; Martin aud Butler (pop.) go to naval af- Ree Ee ie ret public lands; Faulkner Murphy retire and and Smith goes to THE STAR BY MAIL. ~ Persons leaving the city for any period can have The Star mailed to them to any address in the United States or Canada, by ordering tt at this office, in person or by letter. Terms: 13 cents per week; 25 cents for weeks, or 5) per month. Invariably in advance. Sub- scribers changing their address from one Post-office to another should sive the last address as well as the Tew one. two cents SIXTEEN LIVES LOST >. Mallory Line Steamer Leona Has a Fatal Fire at Sea. STEERAGE PASSENGER SUFFERERS Fire Thought to Have Started Through the Crew's Carelessness. — + = CAPTAIN WILDER ARRESTED fee ee eee y YORK, May 10.—The Mallory line amer Leona limped back to her dock late last night with the charred remains of thi teen of her steerage passengers and th. of her crew, who had lost their lives in a fire which broke out in ber forward hoi early yesterday morning while the ship was off the south coast of New Jersey. Her argo is almost a total loss Following is a revised list of those who lest their lives on board the Leona engers—Bridget Sullivan, B, Cotrane, Maria Hardo ard her two children, Mrs *. Gazza and daughter, Joseph Solomon- n’s sister, one daughter of J. Viactkek and Sophie Schmalz. Crew—Alfred Lang, waiter; C. butcher, and H Bound for Galveston. The Leona left si pm., bound for aloon passengers age passengers. go of merchandise. command. The cargo in Hartman, Harvey, waiter. at 3 leven her pier Saturcay Galveston, with and cbcut twenty ete ne carried a general Captain Wilder was in the forvard hold of Leona may have caught fire before she her pier in the East river. It so, the smold: red for twelve hours under the clo: hatches, but at 2 o'clock yesterday morn- ing the fire burst forth so suddenly that the vamer med doomed. was then off the south New Jersey within thirty miles of Cape Hen- The fire was directly und ond cabin, where twenty-one vere asleep. This cabin was in the forward wrt of the ship below the main deck. Seven Hours to Subdue the Flames. It took seven hours to finally subdue th flames in the ship's hold so she could pro- ceed bi to her wharf. Corener Hoeber arrived about 2:20 o'clock this morning at the pier, and found ¢ H. Mallory, one cf the owners of the sel, in conversation with Capt. Wile ves- rin the latter's cabin. Accompamed by Mr Matlory and the c in, Coroner Hoeber wert to the steerage and viewed the charred bodies. Then he gave permission for their removal. The coroner told Capi Wilder that as a matter of form he would be compelled to have him placed under ar- rest. He was immediately paroled in the cus- tody of Mr. Matlory, who was instructed to produce the captain when the inouest is held. The wtnesses were told to be at the corener’s office at noon toda: A watchman guarded the vessel, and re- fused 10 allow any person aboard without the consent of the captain cr owner of the vessel, At ) o'clock this morning two dead wa- gens drove on the pier and passed aboard the steamer twelve pine boxes, in whi the bocies of the victims were to be re moved. The members of the crew refused to touch the bodies, and the work had to be performed by the wagon attendants. The thirteen bodies were placed in nie of the pine boxes, some of the bodies being thore of children, and others charred and burnt to about half their natural size. The bodies were taken to the morgue, where they wili remain to await identification Those who cannot be identified will be buried in the potter's field. Samuel Schillchri Samuel Schillchraut w s Story. one of the pas sengers in the steerage of the Leona. He was on his way to Columbus, Tex. He had $450 with him, with which he was going to start in a small business in Co- lumbus. He lost everything he had—botk money and clothing. He does not speak English, but, through an interpreter, he told the story “The fire occurred between and ociock this morning. The first sensation I had was one of choking, and I scramblec out cf bed and made a rush for the upper deck. There were ten other passengers in the compartment with me, one of whor was smothered; the others got out in safet “There was the wildest excitement among the passengers, and the steerage was com- pletely filled with smoke. I groped my way to the ladder leading to the deck and found that there were a number of people ahead of me scrambling up the ladder. The sercams of the woren and children were frightful to hear. The crew made no effort to helo the passengers and none of us was awakened by them. They simply took care of themselves and left us to our fate. A great many of the lives might have been saved if the crew had done any- thing to help the smothering passengers. When we gathered on deck we found some life preservers, which neariy all of us put on. Then the crew assured that there was no danger, and the excitement was scmewhat allayed.” Mr. Schillchraut said the general impres- sion was that the fire was caused by a lighted match dropped by one of the crew into the cargo. He declared that he saw a number of the crew smoking and that they were very careless in throwing away their matches. No Effort to Stop Smoking. The officers, he said, made no attempt tc stop the smoking among the crew, which he thought was very strange considering the inflammable nature of the cargo in the forward held. Coroner Hoeber found one man who haé been one of the steerage passengers, whom he erdered detained until after the inquest. This man’s name is Thomas Doyle. He is sixty-seven years old and lives at Paterson, N. J. He was on his way to a little place about fifty miles from San Francisco, called Vallejo, to see his uncle and aunt. Doyle is a veteran of the late war. He will be detained until the inquest is held. Doyle said that he among the steerage pas- sengers who occupied bunks on the star- board side of the vessel. He said that among the passengers who could speak En- glish were two men whose names he did not know, and a young Irish girl named Lizzie Sullivan. He said that he made the acquaintance of the Sullivan girl and had quite a talk with her on Saturday night. She was on her way to Los Angeles, Cal. She was about seventeen years oki and pretty. Doyle said that he had not made the acquaintance of any of the other pas- sengers. He stated that he was lying asleep in his bunk early on Sunday morn- ing, when he was awakened by a suffoc: ing feeling. He said his first thought was that some one was smoking a bad cherooi, but when he opened his eyes and saw the apartment filled with smoke he jumped from his bunk and made for the compan- ionway leading to the upper deck. ‘rhs was only a short distance from