Evening Star Newspaper, May 27, 1897, Page 2

2 THE EVENING STAR, THURSDAY, MAY 27, 1897-14 PAGES. === ef money which the court sald was due from him. He said that he would stay in jail indefinttely rather than pay the money. e stayed just twenty-four days and then e settled up. in course of conversation with a Star Fenorter yesterday he said: “Mr. Chapman is trying to pess this nll off as a joke, but [ can tell you he wiil find in time that it is not such an awfully funny one. Take my own case, for in- Stance. I didn't have quite a month of ft but I'm not over it yet, and the doctor tells me I never will be. got my system so thoroughly saturated with malaria that I am but a shadow of my former self.” The Mighty Speciats. The funniest thing about the whole case. however, fs to look up to the Mountain of Superiority from which the special corre- spondents of some of the New York news- papers look down upon all things W: ingtonian. They are from New York, you know, and it's not their fault. For a great many New Yorkers the great round world of life and all its interests is bounded on the perth bw the 4@-riem ri \ Mr. Davis Argues. By the East river. on the west by the North river and on the south by the bat- tery. Beyond there is nothing, or, if there is, it is not New York, and that's the same thing. Flushed by the glow of pride that comes to every New Yorker when he thinks of Recorder Goff and Justice Mott, these ami- able special or staff correspondents seem to think that Judge Pradiey is a_ mere amateur at the law business, and that Washington ought to send her judiciary ; over to New York at regular intervals to get points. Several make it a point fer to the district attorney always as “Lit- tle Mr. Davis,” no matter how often they may have occasion to speak of him. One of them began his story this morn- ing as folio: “Tne grea! ing- ten has kaown in year only other one to be mentioned in anything like comparison with it was the Chapman Both men are New » world, that is to must stand in awe of a Washington court that tries to live up to the greatness of trying two such defendants. Two Speakers. And It isn't the first time New Yorkers have been tried in Washing‘on eithes. There have been others. morning had the opportunity arly good speak- Johnson differ in as m Mr. Davis and Mr. heir styles ard method quite as they do m the matter of s vis talked in a calm and dispassion: presenting hi cinetly. His command of language was ad- mirable, althe made no mpt at @ pyrotechni- disp As soon as he wes through and before his seat Mr. @ moment in of his argum He h: grown voice that could be h long distanc chose to let it go. As it was, the oid court roo: echoed as his words ro! irly rang and forth in one long. unbroken strea. enti un- broken, elther, for se times in the course of his speech Mr. Davis imterruy ed him to call his attention to this or to remind him of that. Mr. Johnson Concludes, When the trial was adjourned shortly af- ter 3 o'clock yesterday afternoon, Mr. John G. Johnson of Philadelphia, the defendant's principal counsel, had completed his arg.i- ment In support of his motion for an in- struction by the court for a verdict of not guilty. In his argument, concededly one of the ablest ever made in a District court Mr. Johnson insisted that Mr. Havemeyer, while admittedly declining to go into de- tails in respo: to Senator Alien’s ques- . had, i onse to other questions, stantially answered the question at ad Mr. meyer had, in fact, remark- ed Mr. Johnson, been brutally frank in re- sponse to the committee’s questions, hold- ing back virtualiy nothing. Then Mr. John- son made a strong point, in the opinion o! ™many, when he referred to the failure, refusal, as he claimed, of the Senate to de- cide upon the submission of the commit- tee that the defendant's refusal to answer Was an infringement of and an encroach- ment on the Senate’s rights and preroga- tives. Mr. Davis Replies. Upon the resumption of the trial this ning District Attorney Davis at once proceeded to answer the argument of Mr. Johnson, and never did Mr. Davis speak with more force and eloquence. He did not, as did the Philadelphia lawyer, take up the six grourds of the motion in their order, discussing first t which com- plained that Mr. Havemeyer, not possess- in his own memory the data necessary ble him to give the details required Senator Allen's question, was not bound examine the bocks of the American Company. In answer to Mr. Davis calied attention fendant’s admission that he could e data if ordered to do so. That he Was ordered to do so, said Mr. Davis, there can be no ques! a submitted the district attorney, Mr. Hav rer failed to t against his securing of . virtually promising the it, as he explained, “if it wish of the committee,” ete. e first ground on wi ch the motion a verdict cf not guilty was base: Davis, is really the oaly substant That ground is that the Senate sout right to inquire into con and local political campaign pur- in support of that ground Myr. r Mr. Davis, had insisted ‘ould not ingu tion with the senators in 1Mut. © tal state ec Mr. Davis referred to the published charges that the sugar throug! 1s ce trust had bought in senators h the securing of their election in [the onty substantial reason advanced by j the defendant's counsel in support cf a verdict of not guilty, and he submitted that upon that proposition alone rested | the whole case. Mr. Johnson briefly replied to Mr. Davis, going ‘over the matters advanced by him yesterday, and taunting the district atior- ney with having avoided, as he asserted, the remaining grounds on which the mo- tion for an wcquittal was based. Mr. John- son reasserted that the question at issue | Was not a committee one, and that Mr. Havemeyer was never advised that-it was put to him as a committee question. Not €ven the rattlesnake bites, he exclaimed, until it first warns its victim, and the de- fendant was entitled to no less considera- tion at the hands of the Senate's commit- tee. it was expected that Judge Bradiey would at once dispose -of the motion, but he ordered a recess, in order to allow him to more fully consider the matter, and at 11:20 @ recess was taken until 1 o'clock. Judge Bradley Decides. It was some time after 1 o'clock when r. on the east | Judge Bradley ascended the bench and di- ected a resumption of the trial. Meantime an immense crowd had gathered in the corrt room in anticipation of his dectsion ont motion to direct a verdict of acquit- tal, and while awaiting the arrival of the judge a pretty little girl of eight or ten years, who Was accompanied by her mother, entered the court room, and, much to the amusement of the spectators, made y to Mr. Havemeyer. She reminded at she had liv met him in New Yor’, and then, in a pretty E 2y, She remarked that she hoped he would not be sent to the horrid jail. The American sugar king took the If one in his arms, kissed her, and thanked her for her good wishes. The little oné declined to give her name, and hurried to her moiher as Judge Bradley ee his seat and proceeded to dispose of the motion. In disposing of the motion Judge Brad- ley said that the questions involved in its support were most important and should not be disposed of without the greatest deration and thought, particularly the that respecting the right or of the Senate to make the invest Unfortunately, the short time al: ed him had not been sufficient to per- im to consider all of the reasons ad- vanced in support of the motion as he would have liked. but he would, never- theless, dispose of the motion. ‘The judee recited the resolution of the Senate anthorizing the investigation, and also compared the case of Chapman with that against Mr. Havemeyer, holding that they are not preciscly alike.. The court also read the testim: of Mr. Havemeyer, including the question of Senator Allen and the subsequent proceedings, a3 well as the answer of the defendant. That testimony, remarked Juige Bradley, substantially agreed with the allegations in the indict- ments, and the questions for the court to determine were was the Senat inquiry a roper exercise of its jurisiliction, and was The qucstion set cut In tas indictment a pertinent and proper one. egative an- swer to either woul, of course, Justify the court in granting the motion for a verdict ol not guilty. Motion Granted. Judge Bradley next referred to the law alleged to have been violated, saying that if @ person lawfully summoned as a wit- ness by either house of Congress refused to obey the subpoena, or If, when so sub- phoened, refused to answer a pertinent and proper question, then, in either event, that person would be guilty of violating the statute. “the defendant, sald the court, was law- fuliy summoned. and testified at great le.gth, when he was asked to go into de- ‘hat required the acquisition by of dita from the books of his com- pany. The subpoena was not a subpoena duces tecum, and he did not, therefore, Lring the company’s books. In fact, he was not required to do more than to testify as to material, pertinent matters within his cwn knewledge. ‘That is, all that he was required to do was to give competent testimony, impromptu, wholly within his own knowledge, and it was not, therefore, his duty to acquaint himself beforehand unde uch circumstances. s I had brought the company’s with him snd had them with Rim at the time he was questioned as to the desired data he would undoubtedly have been in contempt if he had refused then to give the data they contained. igonator Allen's question, said Judge Brad- ley, was an indefinite request to obtain cer- tain precise data, and it could not be con- strued as a subphoena duces te cum. Then, again, there is no affirmative evidence that the books could have refused a dormant memory. Further, said the judge, there is no preef that the defendant refused to an- swer any question, the most that can be g that he declined to furnish cer- tain desired data, which h did not have, the books containirg it, those of the Amer- can Sugar Refining Company, being in New York. While there were other important rea- sons advanced in support of the motion fer an acquittal, it was enough to hold that the first was sufficient. On the whole, sald Judge Bradley, no court in Christen- dcm would hold that a witness under such cireumstances guilty of contempt. ‘That being so, it mattered not whethe> any corporation or individual had cont uted to state or local compaign purposes. That question would be disposed of when it operly arose. For the reason stated, said {| the judge. in conclusion, the motion would be granted, and the jury would be directed to return a verdict of not guilty. That was done, and after the found ver- dict of not guilty had been returned, and it had been duly entered by the clerk of the court, Mr. Havemeyer was formally discharged from custody, when he was warmly congratulated by his friends and attorneys. Searl&s to Follow. The decision rendered by Judge Bradley was not the one expected by the majority of the members of the bar and others who had followed the case. But as the judge proceeded with his decision it became evi- dent, of course, that he would direct a ver- dict ‘of not guilty, and his final announce- ment was, therefore, received as a matter of course. District Attorney Davis was a greatly disappointed man, and not a little surprised one, he having confidently expected that the motion would be overruled. He, how- ever, immediately notified Méssrs. John- son, Wilson and Parsons, counsel for John ce. ries, the Indicted secretary of the Aimerican Sugar Refining Company, thaz he will proceed with his trial tomorrow. Mr. afles will also be tried before Judge Bradley. is charged with having, June 13, 1804, d to state the amount contribuied by the American Sugar Refining Company in 4, said | the political campaign of 1892 to the deme- cratic party in New York state. Mr. Davis explained to a Star reporter that Mr. Searles absolutely refused to an- ower, and that his case differs widely from that of Mr. Havemeyer. Therefore, Mr. Davis does not fear a lke decisicn in the Searles case by the court, and expressed himself as being confident of securing his conviction. ‘The cases against Newspaper Correspon- dents Shriver and Edwards, Mr. Davis ex- pects to try before Judge Bradley next That was brutally frank indeed, he - and it would be absurd to contend the Senate had not the right, through to investizate tain again, said Mr. Davis, * press that a trust had ed that “We own the Senate of the States, and we are all right at the o of the avenue.” It was further charged, explained Mr. Davis, that the sugar schedule, as made in the Senate in the Wilson tariff bill, was secured by n of the senators alleged to hava i by the sugar trust. suid so much, Mr. openly Having the opinion of the Court of Appeais and that of the United States Supreme Court in Davis read the Chapman case, to the effect that the Senate had full authority to inquire h charges through its inherent nt of self-protection. Why, he exclaim- _ nO more disestrous dey for this coun- y could weil be imagined when, as the other contended, the morals of tis legislators could not be inquired into. Not even the merest schoolboy but knows that when the defendant, the head of this great octopus. which controls the price of every pound of sugar consumed in this country, said that he knew of no contributions to national campaign purposes, he did not state all there was of it. It had been narged that money, dirty money, had Leen used By that immense concern, and «very one knows that when that is’ done no trail is left. the briber differing in that respect, at least, from the slimy serpent. If, said the district attorney, tn conclusio: Bala pene then, indeed, are people of this country hopeless in the crity of their public legislators, and ‘hrough argument ssted that the alleged want of right in the Sena:e (& make the inquiry was really’ it, in-} but that he feared it would take at least. Wednesday. — BROWN SYSTEM TESTED. Motive Power of Capital Railway Pronounced to Be Satisfactory. A partial test was made today of the Brown system of electricity, by which the Capital Railway Company's line north of the Navy Yard bridge and along 11th street southeast to M street, and thence to the navy yard gate, is equipped. It was as successful as there was any reason to ex- pect ‘ue impression among those interested now is that the line will be ready for op- eration by tomorrow, which is the date fixed by law. A car was started from the terminus at Congress Heights at 5 o'clock, and was run with the ald of the trolley quickly to the south erd of the bridge Without unnecessary delay a team: of horses was there attached to the car, which was hauled across the structure. On arriving at the north end of the bridge the undergrotnd system was put in opera- Uon, and everything went smoothly until an accident occurred to the cylinder heal of the engine in the power house, which caused delay. The car was drawn by horses to M street, where it was kept until the damage to the engine was repaired. In reply to questions from a Star re- perter, fresident Dunlop of the Capital Traction Company “teday sald ‘that al- though the law requires the Capital Rail- way Company and the Capital Traction Company to transfér passengers free to and from each other’s cars, no arrange- ment has been made, -President Dunlop enter into @ transfer arrangement with President Ran- die whenever the latter makes the request, two or three Uekets printed... te to have proper transfer books ! received. | as he did not a LATE NEWS BY WIRE i Greece Protests Against the Indem- nity Demanded by Turkey, TURKS - THREATEN CONFISCATION Warn the Peasants to Return and 3 Gather Their Crops. ANOTHER PANIC AT LAMIA ATHENS, May 27.The Greek govern- ment has sent a memorandum to the pow- ers protesting against the indemnity de- manded by Turkey, and also protesting against the proposed rectification of the Greek frontier. It is reported that the Turks have con- fiscated 1,250,000 bushels of wheat at Volo, and that the Turkish commander has is- sucd a proclamation calling upon. the peas- ants to return end gather the harvest or their crops will be confiscated. Another Panic at Lamia. ATHENS, May 27.—Advices from Lamia teday say thst a fresh panic prevails there, ard that people are fleeing from the city and deserting their children. ————— NEW SCHEME OF THE POPS. To Build a Railroad From Nebraska to the Gulf. MANKATEE, Kan., May 27.—Two thou- sand populists held an indignation meet- ing here to discuss railroad freight rates and the meeting afforded Gov. Leedy an opportunity to spring a surprise upon the Reople of Kansas. After referring to the recent Supreme Court decision further cur- tailing the authority of the interstate com- merce commission, he declared that the time had come for the people of the west to act, and he stated that they must them- selves furnish needed relief from exorbitant treight rates. Thereupon he proceeded to outline a plan which, he said, had been ma‘uring for four months. He announced that he appeared before the meetirg as the representative of a company of railroad men who desired to go into partnership with the public in the building of a railroad from some point in central Nebraska through Kansas, Okla- homa, Indian Territory to the gulf. He said the company he spoke of was able and ready to complete the road, pro- vided the public would take the majority interest in it, and that the public need not put up one cent until the railroad should be completed. The proposition is that the States and municipalities interested shall hold the majority of stock. The men asso- clated with him did not propose to take in any outside capital save that of the states and municipalities, which would be in the majority, and they proposed to run the road themselves or to allow the majority inter- ests to run it. The stocks and bonds of the company it is proposed to issue through the Texas railroad commissioners or those of the other states owning it, as it might be agreed. Prominent Texans, the governor said, had expressed a willingness to take hold of the scheme, and he believed that Texas ts will- ing to invest some of her surplus school — in securing more equitable freight rates. It is also claimed, too, that the 4,500 con- victs in Texas could be put to work on the roadbed, the state receiving pay for their labor in first mortgage bonds. The governor's plan was enthusiastically > MAY BRING FACTORIES HERE. Tariff on Dynamite Linble to Bring in English Manufacturers. LONDON, May 27.—At a meeting of skareholders of the Nobel dynamite trust teday, the chairman, in his opening ad- dre: spoke of the injurious effects upon the trust's business of the protective ter- iffs of Mexico and the United States. In regard to the latter country, the chair- man said the directors were considering the establishment of dynamite factories oth in the eastern and Western parts of the United States, and one site had already been secured in a suitable locality. This may require an important increase cf capital, probably 32,500,000. No definite decision on the subject’ was ri eee! eached at the —___ FATAL ACCIDENT. One Man Dead and Another Reported to Be Dying. A fatal accident occurred about 6 o'clock last evening near the corner of 12th and F streets, where a number of laborers were at work on the big sewer. An electric car of the Metropolitan company, in charge of Motorman Curry and Conductor McMullen, ran into a projecting timber and caused the accident. John Addison and George Simm: were Injured, and the former died in the Emergency Hospital an hour later. Simms Was also taken to the Emergency Hos- pital soon after the accident happened, but pear to be injured so se- ricusly he was removed to Providence Hos- pital. An examination by the physician there disclosed the fact that he was hurt internally, and this morning the doctors reported that he was in a dying condition. There seems to be a difference of opinion as to the exact circumstances undergwhich the accident happened, and this will be determined by the coroner’s Jery,which will probably hear the testimony’ tomorrow merning. At the time of the occurrence a number of laborers were at work rear- ranging some heavy timbers beneath the portable engine house, which moves on rails over the big excavation. The electric car came along just at this time, and the motor car had passed just as the work- men pushed one of the heavy timbers from beneath the engine house. The end of the stick projected over the south track enough to strike the gate of the trailer. So great was the force of the concussion that the heavy timber was forced against the engine house, and Simms was caught between. The other end of the timber struck Addi- son on the head and knocked him headlong down the ditch. Policeman Posey, who was soon on hand, sent for the Emergency Hespital ambulance, and Dr. Bahr was in the vehicle when it came in response. He had the injured men placed in the wagon as carefully as po-sible agd driven to the hospital. It was seen that Addison had but e@ short time to live, and he was made as comfortable as possible, while, as above stated, Simms was sent tu Providence Hos- pital. There is a dispute about the signal given the motorman. On one hand it is claimed that the railroad men were given a signal to move ahead, while on the other hand the sewer men claim that the notice was to stop. The facts will be determined by the coroner’s jury. . IOWA GOLD DEMOCRATS. Will Mect in Convention July 7—Will Not Support Chicago Platform. DES MOINES, Iowa, May 27.—The gold standard democratic state committee held @ conference here yesterday, all parts of the state being represented. Chairman W. C. Mullen of Cedar Rapids presided. It was decided to hold a convention in Des Moines July 17, two weeks after the Bryan democratic convention. The sense of the conference was that the national democrats cannot support any indorsement of the Chicago platform. —_——_ Spanish Victory Announced. HAVANA, May 27.—It is officially an- rounced that a Spanish force, under Gen. Godey and Col. Struch, consisting of the gents pate Tonge ier pa and are -re-. 0 have away the bodies of i The Spantsh forces, it ap- Jost five men killed and had twenty- | 8, colored, - insur- | board did not treat DEMOCRATS’ TARIFF POLICY Statemelt oy the Subject by Senator Jones 4) 8 of Arkansas, Senator Jonds of Arkansas says that the dispersing wi the usual general debate on the tariff in the Senate and proceeding with the consideration of the bill by paragraphs means a curtailment of the time to be con- sumed in the:eonsideration of the bill, and that this ts simply carrying out the policy the democrats have ali along intended to follow. The democrats, he says, have no desire to delay action on the bill, and that their intention is to proceed in a businesslike way with the bill by paragraphs. If the republicans treat the opposition with ordinary fairness and do not try to dragoon them, the matter will be disposed of as rapidty as it can be, and have the Paragraphs given consideration in propor- tion to their relative importance. He says that the sugar, the cotton and the wool and woolen schedules and the internal revenue features of the bill will be the most fuly discussed, and that most of the other schedules, with the possible excep- tion of the flax and linen schedules, will be passed over very rapidly, but on none of these schedules will there be any more time consumed than is deemed absolutely necessary for a businesslike understanding of the respective paragraphs under consid- eration. He said that it was impossible for him to make an.estimate of the length of time that it might take to complete the consid- eration of the bill, but he could say with absolute sincerity that there was no pur- pose on the part of democrats to cause de- lay. This statement may be accepted as rep- resenting, without equivocation, the policy of the democrats, and there is every reason to encourage the hope of early action. It does not mean that the bill will be rushed through as fast as it can be read, but that the general purpose will be to consume no more time than seems necessary. The progress made yesterday, far from being discouraging, indicates a purpose to get ahead with the work. A mathematical calculation on the proposition: that if it took two hours to dispose of the borax paragraph, how long will it take to get threugh the whole bill? would be mislead- ing. There ts always a disposition to dwell longer over the paragraphs at the start, and the fact that any vote at all was had yesterday indicates a purpose, from the Senate point of view, to hurry. Meny paragraphs will provoke almost no debate at all, and the disposition to linger over a question, where an issue is really joined, usua!ly grows less as the debate advances, when there is no actual purpose to cause delay. e+ MAY STOP OPERATIONS. Possible Effect of Neglect to Appro- priate Money for the Printing Office. Unless thefe is a quorum of the House of Representatives present next Monday to act upon a resolution making appropria- ‘tions for the government printing office the work-of that great bureau will be seri- ously hampered. Pubic Printer Palmer appeared before fhe Senate committee on appropriations yesterday and: stated that the failure of Congress; to pass the deficiency appropria- tion Jill, which contained an item of $173,- 000 “for ‘the government printing office, made it hecessary for him to call the at- tention of the committee to the fact that the bureau needed this money. Moreover, he said, the extra session of Congress had increased the necessities of the case, until the bureau now needed $225,000. He said it would ‘not ne practicable to run the of- fice beyond June 1 without this money. The Senate thereupon promptly passed a resolution yesterday appropriating $225,000 for the government printing office, as a de- ficiency appropriation. It was supposed that the House would pass the’ resolution today and that the money would become ‘itmediatély avail- able. The House did nothing of the kind, however,“but adjourned until Monday. It members of the in not letting them know of the c! 3 D chy 7 i Ei ‘haye. asked: the Secretary.‘of ti Navy for a court-of inquiry, ‘thet 2 faces is understood that the government printing office will be seriously hampered by the failure to receive this money, although it is hoped that in the event of the House ad- journing until the following Thursday with- out action, some means could be found to prevent the great printing office of the government from closing down and stop- ping business in the meantime. ———+-©-+ NO SPECIAL PRIVILEGES, Mr. Leonard Says Chapman is Treated as Other Prisoners. Warden Leonard today repeated his de- nial that Mr. Chapman was allowed any especial privileges at the District jail. Mr. Chapman, he said, was treated exactly as were other prisoners in his class. Of course, some distinction is always made at the jail between different clases of prisoners. The charge, sald Mr. Leonard, that Mr. Chap- man had been favored above other prison- ers in regard to his food and liberty is absolutely false. Every prisoner, he said, was ellowed to have all of his meals sent in from the outside if it were desired. When, however, all of the meals were not sent in from the outside prisoners were not allowed the privilege of receiving spe- clal delicacies now and then unless the doctor in charge at the jail approved. Mr. Chapman was a business man and had many callers, but he was not more favored in this manner tha other prisoners had been. A messenger each day brought express packages to him and carried them away. Any mail which Mr. Chapman would send would be supervised, as was done in the case of other prisoners. The charge had been made, -he gald, that favoritism had been shown Mr. Chapman by taking him each day to the court house, and by round- about routes. With this matter, Mr. Leonard sald, the jail officials had nothing whatever to do. The deputy marshal, with @ proper order, would come to the jail,give @ receipt for Mr. Chapman's person and take him away. The jail officials were re- lieved then of any connection with the prisoner until he was returned, when a re- celpt would,be given the marshal. Mr. Leonard doubted whether the prisoner did more than go to the court, stay there dur- ing the sessions and return to the jail, as he was taken away each morning only a short time before the court convened, and was returned almost immediately after ad- journment. —_>__. NAVY OFFICERS INDIGNANT. They Resent'a Reprimand by Assist- mt Secretary Roosevelt. The staff officers of the navy who were members of the’ board which conducted the official triaief ‘the battle ship Iowa have been reprimanded by Assistant Secretary Roosevelt: for lalleged irregularities in ren- dering tteircexpense accounts. They feel that they have been improperly censured and thats aldfurther investigation will demonstyate: that they acted strictly in ac- lent and practice, and with most innocent motives. offeneé was in permitting the builder ‘cf the vessel to pay all their expenses! cownected with the trial trip, whereas ail thé line memters defrayed their expenses Uut'of their own pockets. The ex- per'ses of’ thé trip amoutited to about $8,000, government or the and are porng oy, the contractors, "8 ording to the result of the trip: If the #hip"had ‘falled’ to meet contract requirenttits, ‘the. connected with the trial @out have to be met by the con- tractors}? ‘inasmuch as the trial was successful, “ahd the vessel has ‘ace cepted by the government, the latter will have to meét the expenses. In neither case are the members of the charged with the expenses. It merely happened in this case that the ine officers pursued the course of paying their own expenses, looking to subsequent reimbursement. The staff officers say they followed thé usual course in ‘such matter: and did not know that the line offiders h: adopted a different one until after the re- «ceipt of the letter from the assistant secre- t criticising ‘their actio1 “Sthep. feck that the other dsc WAS NOT IN ORDER Representative Lewis’ Resolution on the Rights of Recognition. DOES NOT LIE WITH THE EXECUTIVE Ruled Out by the Speaker, Who Was Sustained. THE SUNDRY CIVIL BILL ——— There was an attempt to bring forward the Cuban question in the House of Repre- sentatives today as soon as the journal had been read. Mr. Lewis (Wash.) shouted, “A question of privilege,” and sent to the clerk’s desk a resolution regarding the recognition of the belligerency of the Cubans. “The gentleman should state his ques- tion,” Mr. Dingley interposed. This Mr. Lewis began to do, saying that the Senate had recently passed such a resolution and that the House should take it up. Mr. Dingley made the point that this was not a privileged question, but Speaker Reed sail nothing, and Mr. Lewis proceeded with @ parliamentary argument. He contended that any question dealing with the foreign relations of the government was one of the highest privilege. In support of this position Mr. Lewis quoted Fox in the British parliament, Henry Clay in 1822 on the question of rec- ognition of the Spanish republic, and a re- solution relating to Chile which Mr. Ding- ley had attempted to call up in the second session of the Fifty-third Congress and against which Mr. McCreary of Kentucky had attempted to make a pcint of order. It had been then reported, he said, that the present Speaker said a question of foreign relaticrs was always a privileged question. The Resolution. The Speaker permitted the resolution to be read. Ic follows: “Whereas, the United States Senate as- sembled has duly by a proper form of reso- lation declared for a state of neutrality, ac- cording to the Island of Cuba all rights as a belligere xt as against Spain, and “Whereas, it is asserted that such right of recognition exists only with the execu- tye of the United States, therefore, “Resolved by the House of Representa- tives, that: As a foreign policy of the United States it 1s the right and authority of the Senate and House of Represenia- tives in adopting a foreign policy of the United States to recognize as congress, the belligerency of, and declare the attitude of neutrality of the United States to the Is- land of Cuba or any other government or country when in the sense of the house such course is demanded by existing con- ditions.” The resolution having been read Mr. Reed promptly declared it out of order. “Such a resolution can be introduced in the regular course and can be referred to a committee,” he said. “Does the Speaker hold that the resolu- tion should be referred to some committee that is yet to be appointed?” Mr. Lewis inquired. “Certainly,” replied Mr. Reed, tersely. The Speaker Sustained. From this ruling Mr. Lewis appealed, and Mr. Dingley’s motion to table the appeal was carried, 91 to 57. Messrs. Cooper of Wisconsin, Linney of North Carolina, Ma- hany of New York of the republicans, and | Berry of Kentucky, Meyer of Louisiana, McClellan of New York, Settle of Ken- tucky and other democrats refrained from voting. On a roll call the Speaker was sustained, 8S to 51, present and not voting, seven. teen, and he announced “no quorum.” Immediately Mr. Dingley moved to ad- Journ, and with several democrats shout- ing for recognition the motion was carried by a’party vote, and at ‘55 p.m. the House adjourned to Monda THE SUNDRY CIVT BILL. Final Conference Report Was Agreed to im the Senate. The attendence in the Senate galleries is gradually falling off, owing to the long pre- lude of routine business preceding the tar- iff debate and the avoidance of tariff speeches. Only the front rows were oc- cupied when the session opened today. The final conference report on the sundry civil bill was taken up, an agreement hav- ing been made to vote at 2 p.m. The report was agreed to after consid- erable Cebate, 32 to 25. The main questions involved in the report related to the suspension until March 1 next of President Cleveland’s proclama- tion embracing large areas as forest re- serves, making immediately available $2,- 933,333 for contract work on the Mississippi river, and appropriating $10 000 for the tm- provement of Pearl harbor, Hawaii. The question of forest reserves was di: cussed at length. The senators. affected by the forestry order urged the rejection of the entire conference report and an absolute suspen- sion of the President's order. Mr. Cannon of Utah referred to the order as barbarous | and inhuman, and Mr. Stewart of Nevada characterized it as a “disgrace to American civilization and the worst outrage of the last half century.” Mr. Pettigrew asserted that the order was the result of the “ignorance of Grover Cleveland.” He said that in South Dakota the area included as part of the forest re- serve contained seventeen post offices, 15,- people and fifty miles of railroad. He urged, also, that the Academy of Science, which recommended this act, should be re- buked, and he favored the defeat of the phere civil bill rather than have the order land. When Mr. Allison said this was the best arrangement that could be made with the House, Mr. Tillman (8. C.) ejaculated: “Oh, they have no House over there, any- way. They have one man running it. Mr. Berry of Arkansas said the Missis- sippi river item and other important feat- ures of the bill would be jeopardized by a rejection of the report. ‘The vote was then taken and the final conference report was agreed to—yeas, 32; nays, 25—as follcws: 3 Yeas—Aldrich, Aliison, Bate, Caffery, Chandler, Cullom, Deboe, Fairbanks, Faulk- ner, Gear, Gray, Hanne, Hansbrough, Hawley, Kenney, Lindsay, McEnery, Mor- gan, Pasco, Perkins, Pettus, Platt (Conn.), Platt (New York), Pritchard, Proctor, Quay, Spooner, Turpie, Vest, Walthall, Welling- ton, Wetmor N: Butler, Cannon, Carter, Clark, Clay, Davis, Foraker, Frye, Harri: (Kan.), Heitfeld, Jones (Ark.), Jones (Nev. Kyle, McMillan, Mallory, Martle, Pe' grew, Rawlins, Roach, Shoup, Stewart, Tillman, White, Wilson—25. Tariff Taken Up. The tariff bill was taken up at 2 o'clock and the formal consideration of the meas- ure by paragraphs was proceeded with. Mr. Vest (Mo.) moved an amendment to paragraph 10, so as to fix the rate on crude berax at 1% cents, and on refined borax at 2 cents per pound. After brief debate the aoeteent was disagreed to without di- ision. The committee substitute was then agreed to fixing borax at 5 cents per pound, bo- fates of lime or soda 4 cents and 3 cents. ————— FORAKER POOLING BILL. The Senate Committee on Interstate Commerce Favors It. The Serate committee on interstate com- merce practically agreed today upon the final amendments to the Foraker pooling bill, which there will be an effort to have reported at the next meeting of the com- mitte, to bé held a week from today. The, votes taken on -amendments today leave day bat-for the- ition of: Senator | idler, who is coteemisae saucy ent pool- ing bill. He made @ specch before the Saanities denouncing railroad pools ag “want” ads. in The 1 means: cores ct eS | MAILING OBSCENE MATTER | Charge Against a Well-Known Greek Scholar and Playwright. Trial Now im Progress Before Chief Jastice Bingham in Criminal Court No. 1—Linguists as Witnesses. An interesting trial was commenced today before Chief Justice Bingham in Criminal Court No. 1, that of Telemaque T. Tima-, yents of Boston, a native of Greece, who is charged with having last September violated section 389% of the Revised Stat- utes. The indictment alleges that he mailed an cbscene Ictter to Solon J. Vlasto, the publisker of the New York Atlantis, a Greek newspaper. The Offense Alleged. The defendant, who is represented by At- torneys Ralston and Siddons, is a well- known Greek scholar ard playwright, his dramatic nor de plume being Edward Dussard. The alleged cbscene letter con- tained, It is charged, the Gree apon angion” and “pousti The government contends that the first two words mean a certain unmentionable household vessel, and that the other means one addicted to a certain crime against rature. On the other hand, the defense insists that the first two, fairly translated, mean a low fellow, an upstart, and that the latter means a coward Each side will, of course, endeavor to sustain its contention, and'a number of eminent linguists have been summoned as witnesses, The Case Opened. After the jury had been sworn Assistant District Attorney Laskey made the open- ing address for the government, and stated what he expected to prove. This was succeeded by the presentation of the case for the defense, and then As- sistant District Attcrney Shillington called as the first witness Demetrius J. Vlasto. The witness testified as to the receipt of certain anonymous letters, and added that ees. contained words of an obscene na- ure. At the direction Mr. Viasto was of the district attorney about to read to the jury a letter handed to him, but objection was made to the reading until the letter should be introduced in evidence. Attorney Ralston spoke at length in sup- Port of his contention, and cited a number of authorities, placing particular stress on the decision of tne Supreme Court of the United States. In reply to Mr. Ralston, Assistant Dis- trict Attorney Shillington called attention to an array of authorities supporting his statements that the Indictment in the case is valld, and that the letters in question fall within the provisions of the Revised Statutes, no matter whether they were read by one or by more persons. The Court’s Ruling. Chief Justice Bingham overruled the ob- jection of the defense. It was the intention of the law, he said, to relieve the United States of any scurrilous or malicious at- tacks through the mails by private letters. Resuming the stand, Mr. Viasto testified that the handwriting of the letters that | figure in the case was that of Mr. Tima- yenis, with which he is familiar. The examination of Mr. Viasto was sus- pended, while Capt. James Bell, super- intendent of delivery at the local! city post office, declared that the postmarks or the letters were genuine and showed tnat they had passed through the post office. The letters were then offered in evidence, but objection was entered on the ground that it had not been shown that they were mailed by the defendant. The case was still on trial when this report closed. ee GEN. MILES’ FOREIGN EXPENSES. Receives the U: Granted Officers Traveling. The friends of Major Gen. Miles are very indignant over the published statement that he is traveling in -an extravagant style in execution of the orders to observe the military situation in the orient and to represent the azmy at the Victorian jubilee. Particular exception is made to the state- ment that the state room occupied by him on the St. Paul on the trip across the ocean will cost the government the sum of $00, and that the other expenses cf the voyage were in proportion. It is explained at the War Department that General Miles instead of selecting an expensive state room took one of the ordi- nard first-class state rooms, and through the mistake of some one was compelled to change after he arrived on the steamer. The state room engaged for General Miles was No. 12, and when he went to take pos- session of it he found it already occupied by Mrs. Abbey, wife of the impressario,who, through some mistake, had been assigned to the same room. General Miles resigned in favor of the lady at the suggestion cf the steward that he would give him another room equally as good. His friends at the War Department say it is utterly absurd to suppose that he paid anything like $500 for his state room If he had an unusually good one, of which there is no cviderce, it was only through the friendship and courtesy of the officers of the steamer and entailed no extra ex- pense to the government. He As one of the army officers stationed at } $410 at 110ig: the War Department puts it, “Gen. Miles on his trip abroad is receiving no more than the usual allowance granted to ali officers when traveling under orders; namely, the actual expenses of trans; tation and mileage of four cents a mile for journeys actually accomplished. ts, Trust, 10 at 144. bid “Under the law it is necessary that money | 7¢. FINANCE AND TRADE New York Prices Opened at an Ad- vance, but Fell Off. —_.-___—_ NEW LOW LEVEL IN B. AND 0. STOCK Profit Taking and Some Short Sell- g in Afternoon. —--+ GENERAL MARKET REPORTS —— Spectal Dispatch to The Evening Star. NEW YORK, May 27.—Today’s - stock market opened strong at fractional ad- vances from last night's closing. An im- Proved commission demand and continued covering of short contracts were credited with the advance. London's early prices were fractionally below lecal quotations, but subsequently improved under increased activity for ar- bitrage account. Atchison securities were in good demand abroad in addition to the usual tional specialties. The tone of the general market shows unmistakable signs of improvement, but the outside demand is not equal to absorb- ing the speculative offerings of the profes- sional The advance cfsinst the short Interest has been carried to a point prompting r: izing sales in the speculative long account. Some efforts in this direction during the acn hour deiracted 42 per cent from the gains of the y morning. In several instances the reaction extend- ed beyond fractional limits. Missouri Pa- citic, New Jersey Central, Chicago Gas and Baltimore and Ohio were in the latter group. The last named security sold down to a new low level, under the influence of probable interest defaults next month. Thts property has sold down steadily dur- ing the last five years, the decline in that time being from 101 to a fraction under 10, the low level of today. The comparatively smail capitalization tn sures a liberal stock assessment eventually, it Is believed, and no meterial support 1s attracted during weak periods. The decline in the other specially men- tioned issues was accomplished partly by profit taking and partly by new short sell- interna- shingtcn advices on the subject of the were generally more hopeful of tion on this important measure. and for and the frequent record of fractional amounts of stock may be noted as an encouraging feature of the present situation. An investment demand is often initiated by movements of this character. The volume of business was small ughout the day, but the market was "1 sustained notwithstanding this lack of interest. The holiday on Monday will in all probability invite further profit tak- ing at the end of the week. sia ase FINANCIAL AND COMMERCIAL. The following are the opening, the highest and the lowest and the closing prices of the New York stock market today, as reported by Corson & Macartney, members New tariff York stock exchange. Correspondents, Messrs. Moore & Schley, No. 8) Broadway. Open, Hizh American Spirite....... Wi WW American Spirits, pfd... #8 48) American Sugat Ne” 1164 American Suga enews esas Ameri x rican Cotton OI. Atchison . Baltimore & Ual Bay State Gas. Canada Southern “10%, wy Canada Pacific... . 567, vhesapeake & Ghio.. |) 164 2G. & St. Louis...) 99 Crieago, B.A Q 75% Gi Nortawestern. 164 c 2 sty CM. & St. Pau Chicago, St. Paul, M.£0. Consolidated Gas. - Del.. Lacs. & W & hudson. ..- . & Kio Grande, pfd. ai Blectric. Mlnois Central ¢ Shore. § Louisville & Nashviue.. Metropolitan ‘Traction. Manhattan Elevated. Michigan Central. Missouri Pacitte National Lead Co. National Leaa Co., pfd_. w Jersey Central. New lork Centrat. Northern c. Northern Pacific, oO Southern Ry., pid Phila. ‘Traction Wabash, pf Western Uni Siiver...... Laclede Gas. Steck Excha Sales—regular call—12 o'clock m.—D, C. 3.650 $1,250 at 110%. Columiia National Bark, 5 at American Security and Trust, at U. 3. Electric Light, 10 at 91%. Amer- hophon, 25 at ¥. American Graphephone, 5 at 10%. Poeumatic Gua Carriage, 100 After call—American Security’ and Mergeuthaler Linotype, 10 at 103 tock 1903, 10 120 1 A. 30. , 1901, expended for these purposes shall be by @ | currency’ “114 3.658, funding, currency, regular disbursing officer upon proper | bid. 112 asked, Vouchers, and for this reason his aide. |. Misreilsuross Wonds.Metropotitan apd 2 asked. camp was made a disbursing officer, and furnished with a certain sum of money, so much of which should be paid as might be recessary to meet the above expenses.” prececents for Gen. Miles’ trip to the Orient to study modern methods of war- fare. As the most prominent he men- tioned Gen. Scott's trip to Europe during Railroad Gs, 113% bid SS EAS y | Ss, series B, The officer added that there were many Telephone Se, 10% 7 and Trost 5s, A. and’O., 101 bid. ket Company’ ist Company imp. 6s, com bid, 117 asked. Metropolitan Katlroad Did. Belt’ Ruilrond 00. bid, ngton Railroad 68, 85 ington Gas Company Chesapeake and Potomac American Security and Did. American Security Washington Mar- 109 bid. Washington Market 109 bid. Washington Market 103 bid. Trust Ss, F. and A. Napoleon's time, Gen. Hazen’s observation | Company ext. Gs, 10) bid. Masonic Hall of the German-Austrian war, Capt. F. V. | tom 5 1us GEER eC SA Green's visit during the Turco-Russian war, the presence of Gen. McCiellan and | pid. bid. Xational’ Bank Stocks —Bank of Wamdneten, 208 Bank of the Republic, 235 bid. ——_ ot 8 Col. Delafield at the Crimean war, and the | 285 bid, 320 asked. “Central, 255 bid. Farme: visit of Gen. Sheridan and Col. Forsyth to Sar ae Second, = a ——2 Germany during the Franco-Prussian war. | 19) nia’ 132 asked. Woat Had, 103 bid. 105 saked, SS SS aders', 36 vid, 00 asked. “Lincotn, Tos bid, 108 Resigns. ied. y nepasesiens “Sle Deposit and Tract C ional Safe The Commissioners today accepted the resignation of Mr. J. Van Ailen Shields, Deposit and Trust, 114 bid, Tid asked. - Washington Loan and Trust, 119 bid, 125 asked. “American Se- ri to Ci Wi 5 curity i —— ax — 145 asked. Washing- private secretary to Commissioner ‘ight, | ton Safe , 52 5 7 ital Tract! ‘bid, 54! and transferred Franch C. Roach of the | , R#llnud Stocks-Capital Trection. Bis Did. 543 assessment division to the position. Mr. and Electric Light Stocks.—Washington Gas, Stas 444g sake," Georgetown Gus 45° bid. OU! Wm. H. O'Neill was appointed to the | $3 bil. 44% thea vacancy created by the promotion of Mr. ggvoomnerner Sick “eretmens, 30 bid, 40 asked. Roach. Franklin, 38 Wid. Metropolitan, 65 bid, 80 asked. The resignation of Mr. Shiclds was ac- | Corcoran, 55 bid. % bid, Tl asked. cepted with much regret by the Commis- oe Aad bid, 1s 5 mes. ~ erman-American, sioners. Since assuming the duties of sec- | 100, bid. National Cnion. 104 bid. ee retary, Mr. Shields has won for himself the | Prunes’ 5 * 5% naked. 6! y oe bid, regard of all who were brought in contact with him. He leaves at once to accept the Commercial, 4% did. ‘Title Insurance Stocks.—Real Estate Title, 98 bid, asked. lucrative position of assistant manager of | 102 »sked. Columbia Title, 5% Bie the Columbia -Graphophone Company, in | ..cclphune Stocks. Peuneyivania, 40 Dil. 50 asked. St. Louis, Mo. ean G oe 4 maked. a ee phophoae, rr |. Pneumaue Gua Government Bonds. Se "30 old wa oes at Quotations reported by Corson & Macart- | ye cummaus Stocks. — Mergenthale . ney, bankers. ™% see. a ™ on Market, i a. rest Grain and Cotton Markets. Furnished by W. B. Hibbs & Co. Stock exchange, correspo: its Messrs. Ladenburg, Thalmann & Co., New York. yi apeates gurozg? pr wheat month, .. bankers and brokers, 1427 F st., members New York | mix: Augusi, caste ‘bushels; dull Ma easy~spot exports, saurple, 5 a ner a ete