Evening Star Newspaper, September 4, 1897, Page 1

THE EVENING sTAR. ee PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR BUILDINGS, 3101 Pennsylvania Avenue, Cor. 11th 8t., by The a Racrrwate Peet SH KA i, Pres't. New York Ofice, 49 Potter Building. Es Star t# served to subscribers tn the city by carriers, om thelr own account, at 10 ceats per week, or 44 cents per month. Copies at the ceunter 2 cents cach. By mail—anywhere in the United States or Censda—postage prepaid—50 ecnts Fer month. Porigean lange ol et Star, $1 per year, with nelgn postage a niEatere’ at the Post Otice at Washington, D. C., as second-class mail matter.) C7 All mail subscriptions must be paid in advance. Rates of advertising made known on application. Che Lvening Star. No. 13,888. WASHINGTON, D. ©, SATURDAY, SEPTEMBER 4, 1897-TWENTY-FOUR PAGES, TWO CENTS. PAYMENT OF TAXES| ——— Change in the Custom of Property Owners Probable. —__.____ EFFECT OF VARICK HAWKINS’ THEFT A Habit Which Causes the Collec- tor Much Extra Work. THE COLLECTOR'S DUTIES —— It is believed the theft committed by Messenger Hawkins from the safe of Col- lector Davis will change one feature at least of paying taxes. Heretofore it has been the custom for a large number of taxpayers to defer the payment of their taxes until the very last day allowed by law, and then to rush in, and, finding a leng line of taxpayers ahead of them, to slip the tax bill, with the money, In an en- velope, and hand it to the collector of taxes or to one of his assistants. This was considered as a dangerous practice, but the money always balanced, and Collector Davis was satisfied to accommodate the toxpayers if they chose to take such a chance. No receipt was given in return, ard the property holder went away with absolutely no evidence that he had paid his taxes. It is now pointed out what an opportunity this practice afforded a di honest employe to make away with almos: any amvunt, without fear of detection. & Previous Loss. But no meney was ever missed until a few days before Hawkins decamped with nearly $0,000, and then it was but $20. It seems a taxpayer in May came to the of- fice on the very last day, and, following the precedent, put his tax money in an en- velope with the bill, and handed it to one of the clerks. He waited a month for his receipt, but it did not come, and, think- ing the delay was caused by the large amount of extra work, did not worry for arother month. But the tax receipt did rot materialize, and, fearing something in the shape of an error in recording the taxes, he culled the maiter to the atiention of the collector. The latter immediately called Hawkins andyput the matter in his hands, directing him to make a thorough search of the stubs and check receipts, and discover, if possible, the mistake. The taxpayer insisted, after a search fail- ed to disclose the missing funds, that he had paid his taxes. Another search was ordered. and Hawkins was engaged on ft when he decamped. It is now believed he abstracted the $2), and, finding it had been d to the cttention of the collector and t an investigation would surely follow, he carried into effect the bigger robbery. Might Have Made Bigger Haul. He might just as well, as stated before, have stolen $75,000 or twice that amount. ‘Take, for example, the last day of the November payment, when all taxes were payable in one installment. On that day the receipts of the office were considerably over $700,000, Of this amount ft is estimat- ed that between $150,000 and $250,000 was im cash. The collector has been criticised for not depositing this money in some bank, but investigation proves this to be impracti- cable, since it was ssary to have the bill and amount at hand in order to post the books. The force of the collector’s office is small, and it has been found to be impossible for the force, even when working over hours, to post| more than $80,000 or, at the highest estimate, $75,000 a day. The balance is put in the safe until the opportunity presents itself and the bills can be post was Hawkins’ principal duty. He would gather up at the close of the day all the envelopes containing the money and place them in the big safe. He was thor- ouxhly conversant with the system, knew the envelopes contained money, and could, without the slightest chance of detection, just as well have abstracted twice the amount he did steal and no one ever be the wiser. The taxpayer could have pro- tested In vain that he had paid his taxes, and referred to the practice that had long been in vogue, but the collector could not have been iheld responsible. He would, to protect himself, ask for the receipt, and the defrauded taxpayer, not having one, would have received nothing. Taxpayers Take Rinks. Whey it is known that the collector is in no way responsible for the charces the taxpayers take sn handing in their taxes in an envelope, it is believed the practice will be discontinued, and property “owners will be more prompt in paying the levy. It is urged in support of this that there is good reason why they should defer the payments urtil the very last day. Like death, taxes are certain, and must be paid, and it would be far better, it is held, both as a protection to the taxpayer and the unfortunate clerks who are compelled to work over hours, to pa the taxes earlier month, and thereby insure proper tion, and distribute, as well, the amount of work Incident, over the » month, rather than confine {t to a Ss, when mistakes are certain to The Safe Combination. If Hawkins knew the combination, and every one believes he did, he must be given credit for great shrewdnes: one other than the collector and the cashier was sup- posed to knew the combination. As an ar- gument that he did know it, the fact is oma out that he has been connected with the office a number le opportunity to of years, and had cquaint himseif with Thix Is good reasoning, were it not for © fact that Collector Davis changed the combination when the District offices were ed from Ist street. When the collector was installed in his new quarters, the first thing he did was to change the combina- tion. It was not because he suspected any- body, he told The Star reporter today, but simply to insure safet, Collector N ‘The collector resents emphatically the in- ference that this money was lost hecause of carelessness on his part. He points out how {t is impossible to put any better check upon the money received than the present system, and argues that one of the condi- Hors to the administration of the office of collector Is that the clerks must be ponest. “This is especially true, he says, when the taxpayers crowd in on the last day and rush his small force almost beyond human endurance, and add to their responsibility by handing In the taxes in sealed envelopes, when they know full weil he has no chanve to open them and check the amount as All such receipts must be laid le until some future time, when the rush of work will permit their attention. But the money has gone, the thief has decamped to parts unknown, and, like the fuemer who locked his stable after his Yorse had been stolen, Collector Davis to. Carcless. GULF TRAIN HELD UP Masked Robbers Blow Open Express Safe and Get Big Booty. Passengers and Train Crew Were In- timidated—Cofhpany Offers a Re- ward of $500 for Capture. “DENVER, Col., Septemher 4.—News has just reached here that the gulf passenger train, No. 1, was held up and robbed at Twin Mountain last night by two masked men. The men got on the blind bagrage at Folsom and when nearing Twin Moun- tain they climbed over the tender of the engine and covering the engineer and fire- man with revolvers ordered them to stup, when they reached the road crossing. At Twin Mountain two men were sta- tioned at the road crossing with four horses, and as svon as the train stopped they began to intimidate the passengers. Two men entered the express car and blew open the safe. It is not known how much was secured, but it is estimated at from $5,000 to $15,000. Immediately on receiving the news at Fol e was organized and started . A posse also started from dat2a.m. The railroad company offered a reward of $500 for the cap- ture of the robbers SS RUGGLES AT HIS DESK. GEN. He Will Be Retired for Age Next Saturday. Gen. Ruggles, adjutant general of the army, resumed his duties at the War De- partment this morning after a month's vacation ent at Vineyard Haven and ether places. He attended the recent re- unien of the Society of the Army of the Potomac at Troy and was elected presi dent of that body. He will go on. the re- tired list of the army September 11 by operation of law on account of age and will devote the intervening time to the settlement of his important official duties. The vacancy caused by his retirement will be filled by the promction of Col. Sam- uel Breck, the senior colonel in the adju- tant general's department, who has been acting as adjutant general for the past month. His official term will be short, however, inasmuch as ne, too, will retire for age in February next. ‘The impression in army circ! that Col. H. C. Corbin will succeed Gen. Breck as adjutant geveral, although the friends of Col. Michael Sheridaf, brother of the late Gen, Phil. Sheridan, are ma ing the strongest kind of a fight in his half. Although junicr to Col. Cerbin rank he is his senior in age and will r tire two years before the latter. Col. Cor- bin is the senior colonel in the strong in- and is next in line of promoticn. He is statiored at New York at present. Next is Col. Barber Merritt, ago, and following him jan, stationed at St. to him in seniority now on duty at Chi comes Col. She Paul. ‘The promotions incident to the retire- ment of Gen. Ruggles will make a vacancy in the lowest grade in the adjutant gen al’s department, viz, stant adjutant general with the rank of major. It 1s con- sidered as good as settled that Capt. H. O. S. Heistand of the 11th Infantry will be appointed to this vacancy. He is a personal friend of the President and Mrs. McKinley, and was with the former during the entire presidential campaign. Although nominally engaged in special duty at the War Depart- ment, he has practically acted as the Presi- dent’s military secretary since the 4th of March. Another vacancy in this list of majors in the adjutant general's depart- ment will occur on the retirement of Gen. Breck in February next, but it is not known at this time what officer of the line will get it. o RETURN OF TH All the President's Advisers Expected in the City Soon. Secretary Alger, who has been away with the President, is expected to return to this city tomorrow. Secretary Long, who has been cruising on the Dolphin for several weeks inspecting naval station: is expected to resume his duties at the Navy Department next week. Assistant Secretary Roosevelt will spend next week on the Dolphin, watching the drills and maneuvers of the North Atlantic squadron outside of the capes of Virginia. Assistant Secretary Day will resume his duties at the State Department next Tues- day morning. He ts expected back here to- morrow evening. Secretary Sherman has arranged to go to his home in Ohio about the 15th instant, and will make at least one political ad- dress in the state. He will be gone about three weeks Secretary Gage and Attorney General Mc- Kenna have been the ouly members of the President's official family who have not taken a vacation. The latter was on tne point of going away for » few days when he was called upon for an opinion on sec- tion 22 of the tariff law and on several other features uf the law. He has been engaged in that work for several weeks, and does not know when he will be able to get away. Secretary Gage will probably go to Chi- cago about the middle of this :nonth. He will not remain away a long time, however. He is staying at the treasury now to give Assistant Secretary Vanderlip a short rest. Secretary Gage says that his Washiagton home has been as pleasant this <ummer as it could have been anywhere. He nas been at his desk every day, going to his office early and leaving not earlier than 4 o'clock each afternoon. ———_--e. COL. LYSTER’S DEATH. CABINET, He Was Formerly Commander of the Ninth Infantry. A telegram was received at the War De- partment this morning saying that Colonel W. J. Lyster, formerly commander of the Mh, but now on the retired list, died at Sackett’s Harbor, N. Y.. last night. He Was a rative of Detroit, and began his mill- tary career as second Heutenant of the 2d Michigan Infantry Volunteers. He was brevetted three times for gallant and meri- torious services during the war, the last brevet belng as HMeutenant colonel! for serv- ices during the Atlanta campaign and at the battle of Missionary Ridge. He be- came colonel of the %th Infantry in May, 1806, and was retired for age a few months ago. — The Army and Navy. Capt. G. W. Coffin has been detached from duty with the board of inspection and survey and ordered before the retiring board. Lieut. J. M. Poyer, from the Naval War College to ordnance duty at the Wash- ington navy yard. Ensign L. 8S. Thompson, from the War College and granted leaye for two weeks. Chief Engineer A. B. Bates to the Texas, September 20. - Lieut. A. N. Mager to the al Observatory. J. R. Campbell, from the War College to éay changed the combination once again. potas Will Inspect Colony Land. N FRANCISCO, September 4.—Com- der Sooth Tucker of the Salvation Army will arrive here on September 16, for the purpose of viewing the land secured for cotonizetion purposes in Monterey - ccunty. In the meantime the citizens’ com- mittee will endeavor to raise $10,000 neces- EEry to secure the success of the project. the torpedo station. Col. Thomas Ward, aasistant adjutant general, has gone to Nantucket to spend a month's vacation. His family is already there. Lieuts. J. B. Bernadou and George H. Peters of the navy are in the city on leave of absence. The Raleigh has arrived at Genoa. The Annapolis and the Texes are Jat Fort Monroe. The latter vessel is attached to the North Atlantic fleet. She came in for coal. HEARING POSTPONED Next Saturday Set for the Woods Case. IMPORTANT BEARING ON C1VIL SERVICE The Supreme Court Will Be Called On to Decide. COURSE OF THE GOVERNMENT oe The hearing in the case of John G. Woods of Louisville against the Postmaster Gen- eral and First Assistant Postmaster Gen- eral Perry S. Heath, a suit instituted to test the question of the alleged right of the Post Office Department to remeve per- scns in the classified civil s@rvice, against whom no charges have been preferred, was postponed by Judge Cox this morning until Saturday next. Attorney H. N. Low, representing Mr. Woods, objected to any postporement of the hearing, but Judge Cox declined to hear the case today, re- marking that a most important and serious question is at issue, and that the fullest opportunity should be given the govern- ment to meet it. The suit was instituted Thursday last, Mr. Woods representing to the court that i 03 he was appointed superintendent of ils in the post office at Louisville, K and that recently he was removed. He stated that his removal was without cause, and therefore, he contended, in violation of the civil service rules and regulations, as amended by ex-President Cleveland and President McKinley. Hence he prayed the court to enjoin the Postmaster Generali and the first assistant postmaster general from interfering with him in the performance of his duties as said superintendent of mails. In other words, Mr. Woods asked the court to prevent the Post Office Department ftom removing him and from appointing a suc- cessor to him. Judge Cox granted a temporary restrain- ing order, returnable today, directing the defendants to show caus why it should not be made perpetual. The Postmaster General and his fir: assistant were rep- resented today by A: ant Attorney Gen- eral H. J. Barrett nd Assistant District Attorney Simms. They explained that the government was wholly unprepared to go on with the hearing today, and they re- quested the court to grant them a contin- uance until next Saturday, and the court, despite Mr. Low's opposition, granted the motion. Amendment to Bill. Mr. Low then obtained the leave of the court, the government not objecting, to file an amendment to his bill of complaint. The amendment sets forth the complaint of Woods, in part, as follows: “1. That he has had over four years of experience as superintendent of mails at the Louisville post office, and has thorough knowledge of the duties and requirements of said office, and is able to perform the said duties without the ald of any person. That he was appointed to said office on or about the Ist day of June, 1803; that frem said date to the present time he has well and faithfully performed the dutles of said office and position, and has received therefor from the United States the yearly salary of $1,700, "2. That at the present time he has a thorough acquaintance with and knowl- edge of the duties of his said position, and is well qualified both mentally and physi- cally to discharge and to continue to dis- charge said duties. “3. That in pursuance of and by authority of a statute of the United States, entitled ‘An act to regulate and improve the civil service of the United States,’ approved January 16, 1883, commonly known as the ‘civil service ac! there were promulgated certain ‘civil service rules’ on or about the second day of November, 4896, of which clause 3 of rule II is as follows: ‘No per- son in the executive civil serv shall dis- miss, ar cate to be dismissed, or make any attempt to procure the dismissal of, or in uny manner change the official rank cr compensation of any other person there- In because of his political or religious opin- fons or affiliations.’ “4. That on or about July 27,1897, the sald civil service rules were further amended, and said amendment duly promulgated by adding to said rule II the following section: ‘8. No removal shall be made from any po- sition, subject to competitive examination, except for just cause and upon written charges filed with the head of the depart- ment or other appointing officer, and of which the accused shall have full notice and an opportunity to make de- fenze,’ © * ¢ No Charges. “8. That on the 28th day of August, 1897, the complainant received a letter, dated August 27, 1897, purporting to come from 0. T. Holloway, superintendent of the fifth division of the railway mail service of the Pcst Office Department of the United States, notifying him of his appointment to a position in said railway mail service, and notifying of the appointment of an- other person to the position now held by the complainant. “9, That complainant has received no rotice of any just cause assigned for de- pesing him or of removing him from his said position of superintendent of mails, or any notice of any written or other ckarges against him, or any notice of any time or place when and where he would have opportunity to make defense. “10. That the complainant Is informed and believes that there are in existence or on file no charges of any kind against kim, and no just cause for his removal, but that an attempt ts being made to re- move him from his said position because of his political opinions and affiliations, That he 1s a democrat, and the said defendants are seeking his removal for the sole pur- pose of inducting a republican into his said position, and so cherges."” * * * © After a Supreme Court Dec inion. It is the purpose of the administration io get a decision of the United States Su- preme Court finally upon the power of ex- ecutive officers of the government over the transfer and remeval of clerks under the civil service law. The pending suit of John C. Woods fs to be made the test case. The continuation of the injunction pro- ceedings in Judge Cox's court from today until next Saturday was in accordance with the wishes of the Department of Justice. The Attorney General's office is preparing an elaborate and careful argument against the contention of Mr. Woods, and proposes to go very extensively into the matter when it comes up. o matter which side loses next Satur- day, when the injunction proceedings aro decided, steps will be taken to get the mat- ter before the Urited States Supreme Court. When the case is on the docket the Attorney General will move to have it ad- vanced for early hearing, and as such re- quests are usually granted by the court when the construction of important laws is at stake, the decision may be reached in a few months. A great deal of importance attaches to Mr. Woods’ suit since the government has concluded to make it a test case. It ig possible that the construction of the law by the Supreme Court may render a modi- fieation of the civil service law n. * In some-quarters it 1s feared that in the event of an unfavorable decision by the Supreme Court, that 1s, a decision limiting the powers of the executive officers over their clerks to an extent not recognized now, the men who are endeavoring to re- Peal ‘the civil service law may be encour- aged [n their efforts and gain recruits to their ranks. It is understood that the! Attorney Gen- eral will maintain that the executive offl- cers of the government are not limited by any provisions of the civil service law in their power to transfer employes from one grade to another. It is said that it is the intention of those interested in the out- come to have the case before the Supreme Court in a manner that will eover as many points as possible of the civil service law. Efforts to Prevent Removal. The cases of employes in the classified service seeking to prevent their removal or reduction by means of a mandamus, claiming that such action is the result of political prejudice, are getting so numerous that the civil service commission has found it necessary to detail Mr. George R. Wales of the commission to make a special study of such matters for their information and guidance. Mr. Wales has long been con- nected with the civil service commission, is an attorney-at-law and well versed in all the laws bearing upon the civil service of the government. COLLECTOR BRADY'S ACTION Deputies, Their to That of Deputy Marshals—Posi- Status Held to Be Similar tion Lapses With a New Superior. The action of Collector of Interna! Rev- enue Brady of the second Virginia dis- trict in discontinuing the services of thir- teen deputies who held office under his pre- Comment on His Dropping = decessor has occasioned considerable com- ment in official circles, and there ias been a difference of opinion expressed as to the status of the displaced deputies under the civil service law. It has been held hy some that Collector Brady had no right to “discharge” the sub- ordinates, the claim being made that their tenure was a continuous one by the terms of the civil service act, which were made applicable by executive order. It is, however, declared to be a mistake the deputy collectors were from the service. Such a it is safd, is not borne out by the law, nor is it approyed by those who have been called upon: officially to define the provisions of the statutes. The men referred to, it is claimed,» were not “discharged” by Mr. Brady, for the rea- son that under the operation of the law they went out of the service along with the collector by whom they were appoint- ed, and that there is no prevision to com- pel a collector to issue commissiens to the deputies of his p SOF. In support of this view, the law's quoted, as follows: Section 3148, R. S., provides that each collector of ‘internal revenue. shatl be authorized to appoint his @eputies by an instrument of writing under his own hand; that he shall have power tovrevoke the ap- pointment of any such deputy; that he shall have power to require and accept bends or other securities fram any deputy; that each such deputy shall have like authority in every respect’ to collect taxes levied or assessed within the portion of the District assigned to him ‘which is by law vested in the collector hithself, but that each collector shall, in every respect, be re- sponsible, both to the Untted States aud to- individuals, as the case may, be, for all moneys collected, and for every act done or neglected to be done, by any! of his depu- tes while acting as such. Section 3149 provides that in case of @ vacancy occurring in the office of collector, the deputies of such collector shall con- tinue to act until his successor is ap- pointed. The legal status of deruty collectors of internal revenue, as indicated by the stat- utes quoted, is held to be analagous to that of deputy United States marshals, wht: status has been recently defined in a let- ter of R. B. Bowler, controller of the treasury, in the case of Deputy United States Marshal John E. Foley; in the dis- trict of Indiana. Mr. Foley continued to perform the duties of deputy after the United States marshal who appointed him had been succeeded by Mr. Kercheval, but as there was no evidence that he had been reappointed by the latier, and had executed a new oath of office as such deputy, his pay was disallowed from the date when the new niarshal succeeded to the office. Collector Brady's Statement. The Treasury Department today received a report from Colonel Brady about his re- cent action. Colonel Brady stated that he had acted entirely within the law. He ap- pointed one deputy each at Richmond, Pe- tersburg and Norfolk, in accordance with the exceptions made by President McKin- ley's recent order, He reappointed two of his predecessor's deputies who were old soldiers, and then called for the eligible list from the secretary of the civil service com- mission. Friday only two names were on the list, and the law requiring three, he proceeded, under the emergency clause of the law, to temporarily appoint his other deputies. He expressed his perfect willing- ness to appoint from the eligible list as soon as one is furnished him. This will probably be done today, and the tempo- tary appointments will’ be displaced by men whose names are on the eligible list. Tt is learned that other internal revenue collectors in various parts of the country Lave pursued the same course as did Col- onel Brady. These collectors Also will be furnished eligible lists from which to make their permanent appointments’ as ‘soon as the lists can be prepared. BODES TROUBLE FOR WELLINGTON. to say that “discharged” classification, What ix Thought of Representative Mudd’s Decinration. Representative Mudd’s declaration of readiness for war with Senator Wellington, in The Star yesterday, is believed by Mary- land politicians to bede further trouble for the former head of the party in Mary- land. Mr. Mudd was not in a mild temper efter he called on Secretary Gage and ascer- tained that Senator Wellington had given notice that he will oppose Dr. Tuck because of the position of the latter at Geean City. As stated in The Star, Mr. Mudd imme- diately gave notice to the Secretary that he would withdraw every indorsement he has given of friends of Senator Welling- ton. Mr. Mudd intimates strongly that, as Senator Wellington has begun such fight- ing, he may expect further trouble when the zepuplicne convention meets, Septem- ber In the Ocean City convention ‘the Well- ington people polled fifty-six votes-as against sixty-one cast. for?the opposition candidate for temporary chairman. In the convention on the 15th the antis »will have with them twenty-one additiomal votes from the three districts of Baltimore and four from Prince George’s county, mak- ing a total of thirty-one for Wellington and eighty-six for the anti-Wellington forces. Such a vote will not make sucha show- ing for Senator Wellington as to enable him to demand of the federal administra- tion and secure whatever he wanta, LIVES IN JEOPARDY Repetition of the Deanewood Horror Narrowly Averted. B. & 0 GRADE CROSSING ACCIDENT Unknown Man and Woman Run Down by a Train. HORSE INSTANTLY KILLED Valley train No. 14 on the Baltimore and Ohio railroad, due here at 9 o'clock last night, struck a horse and buggy on the New York avenue crossing at Eckington, and came near repeating the deplorable tragedy which was enacted on the Pennsyl- vania railroad at the Deanewood crossing several days ago. The horse attached to the buggy was killed and the vehicle was partly demolished, but the occupants of the conveyance, a man and a woman, are be- lieved to have escaped uninjured. In respect of the occupants of the ve- hicle, the police had a mystery on thar hands, and today they are endeavoring to unravel it. It is not known whether they vere white or colored people, as those who claim to have seen them do not agree on this question. Last night, as it had been a number of times during the past few weeks, the valley train was behind, and it is stated that when it reached the unprotected grade crossing at New York avenue it was going at a lively vate of speed, possibly endeavoring to make up the lost time. The watchman at the crossing had ai 9 o'clock finished his day’s work of fifteen hours, and had gone home. The gates had beer. left open, as usual, so that the traffic would not be obstructed. Before he left the crossing, however, he remem- bered the valley train had not passed, and noticed that there was an express train on the track. He knew then that the passen- ger express train from the Shenandoah valley was some minutes behind time, but his day's work was finished, and he pro- ceeded to his rest, without waiting for the train. A litte way down the track the long express train had stopped, but after a few minutes of delay the engineer tooted iis whistle and then shoved ahead to the yard. Thundering Down the Track. It was probably about 9:20 o'clock when the Valley Flyer came thundering down the track and rovnded the curve. The mysterious man and woman in the buggy were on Florida avenue, driving a bay horse eastward in the direction of the Deaf Mute College. Gn the tracks just north of Viorida avenue dozens of freight cars were standing, so that the view of the couple in the buggy was nccessarily obstructed. He drcve along, apparently unconscious of the fact that he was approaching so dengerous a crossirg. Certainly he did not know that the express train was so near at hard. But unfortunately the horse got on the track just as the heavy express reached the crossing, ard the collision which re- sulted was of such force that the life was Knocked completely out of the animal. Ore Wheel was taken off the buggy, as Was the dashboard, and the occupants of the vebicle were thrown to the ground and given a lively shaking up. Some men in the employ of the Eckington and Sol- diers’ Home stree: railroad were in the vicinity, and several witnessed the acci- Gent, and they naturally expected to find the dead bodies of the man and woman on the street beside the track. Heard Woman Scream. They heard the woman scream, but they thought she made the outcry when she discovered that an accident was unavold- able. Instead of finding them dead, how- ever, as they had expected, the men saw them get up and leave the tracks as if they were badly frightened. ‘They ran across the commons in the direction of 2d street east. Several times the woman was heard to scream, but both she and her companion were soon out of sight. All this time the poor dumb animal was being tossed over the tracks. It was not until M street was reached that the train was stopped, and then the members of the train's crew went back to inquire if hu- man life had been sacrificed. Engineer Burns saw the horse and car- riage just before the collision occurred, but it was too late for him to stop the train. Policemen were on the ground a short time after the accident happened, but, they were unable to find any trace of the persons who had occupied the ve- hicle. A Complaint Filed. It has been only a few days since com- Plaint about this crossing was made to the Commissioners by the Northeast Washing- ton Citizens’ Association, and had a night watchman been put there last night's af- fair would not haye been chronicled. Speaking of that particular place this morning, a resident of Northeast Wash- ington said he considered it the most dan- gerous of the outlying crossings on the Metropolitan branch of the Baltimore and Ohio road. In addition to the freight yard being west of the tracks and just north of Florida avenue, the station is so situated that it obstructs the view of persons going east on Florida avenue. The crossing 1s lighted but this does not assist in giving a view of the tragk so that an incoming train. m&y be seen. Close to the steam railroad tracks are the tracks of the Eckington and Soldiers’ Home railroad, and the steam railroad’s gates ar= so close to these tracks that 2 conductor on a street line was recently knocked from his car by them. Last night the police of the eighth pre- cinct made an effort to ascertain some- thing of the identity of the occupants of the vehicle, ard also to find its owner, but in this they were not successful. In the letter of Mr. Frizzell of the Cit zens’ Association, sent to the Commission- ers a few days ago, he made complaint against the 9th street and Florida avenue crossing, as well as that at Eckington, and at the next meeting of the association the mattec will be fully discussed. Protection to Crossings. President Evan H. Tucker, president of the Northeast Washington Citizens’ As- sociation, sald to a Star reporter this after- noon that he thought the crossings shoulc be protected all night, day. While he had not investigated last night's accident,it would appear to him thet it was the result of the fallure of the au- eee a arn ores area t y sald he aia not know how many tine pass over them between 9 p.m. and 6 a.m. a and oe acting general agent for the Baltimore and Ohio Railroad Company, told a ‘Star re- Birrat es 5S si Shot these ta aap ceemtcbenan cts Gaertn The Saturday Star would be a wel- Florida avenue crossing, while there are come visitor to an opt-pf-town ten on the Washington branch. This num- ose tegeny a0ereee ey: complying. with, the law, and’ be nt the United States for a dolar, that i ‘were no gates along the line MAY REJECT THE OFFER Striking Miners Do Not Like Terms Offered by Operators. Pittsburg District Official Predicts Strong Opposition to Acceptance of 65-Cent Rate. PITTSBURG, Pa. September 4. The striking miners encamped about the De Armitt mines do not look with favor upon ;the proposition to resume work at the rate of 65 cents per ton until the end of the year. Paul Trimmer, a district official of the United Mine Workers, and in com- mand of Camp Determination, at Turtle Creek, said there was sure to be consid- erable opposition to the proposed settle- ment when the convention meets in Co- lumbus next week. The men made the usual march to the mines this morning, notwithstanding the rumors that an agreement had been reach- ed. The strikers in Camp Isolation, Plum Creek, made a large gain from the ranks ef De Armitt’s miners during the carly morning. The fifty men who came from Export, Pa., were interviewed while on thelr way to the pit and the result was that they agreed to quit work in the Plum Cieek mine. They refused to go into the mine and most of them have returned to their homes. District President Dolan of the United Mine Workers returned from Columbus at 7 o'clock this morning and went at once to the headquarters, where he held a consul- tation with the other district officials. When the conference closed a call was ts- sued for a delegate convention in this city next Tuesday, at 10 o'clock a.m., to con- sider the Columbus proposition. "The call advises the delegates to come un‘nstruced. When President Dolan war asked as to the probable outcome of the convention he said that he had decided to express no opinion or say anything on the subject un- til he met the miners’ representatives in the convention next Tuesday. “It is not policy,” said he, “for me to say anything now, but I have no doubt that the con- vention will decide upon what Is best for the miners.” Many of the strikers who favor the 4 ceptance of the 65-cent rate want to insert a clause in the agreement to provide that the New York and Cleveland Gas Coal Company be required to pay that rate. This company is included in the “big thir- teen,” the lake shippers who have been conducting the negotiations for a settle. ment, but President W. P. De Armitt has aot participated in the efforts to compro- mise, and therefore is not bound by any of the provisions made by the lake shippes A suggestion has been made that the camps at the mines of this company be maintained and the mines kept closed while the other diggers work at the 65- cent race. It is believed that if this can te ‘ully done, uniformity in the Pitts- burg district will be established before the date fixed in the agreement, and the un!- formity pian will be adopted and a nigher rate fixed, to go into effect at the first of the year. Trouble Expected at Clarksburg. WHEELING, W. Va., September While the striking miners of West Vir- ginia will have a voice in settling the coal strike according to the call of the national board, there is but little consolation in it, as they have no hope that any advance in wages will be secured in this state, or that many of the men now out will even get Jobs. With the miners in Pennsylvania and Ohio working, there are more men now employed in West Virginia than will be needed to supply the demand. In spite of this, the Fairmont and Kanawha valley strikers are keeping up the fight and are gaining recruits daily. Trouble 1s lvoked for about Clarksburg, With good reason where the operators are muking strenuous efforts to start their mines. The strikers are de- termined and show more inclination to use force to prevent resumption than has been seen anywhere else since the strike began. SS CAMINET WILL NOT CONFER. Official Statement an to the Decixion on Section 22 of the Tariff. Attorney General McKenna stated to a Star reporter this afternocn that there is no truth in the story that President McKinley and the cabinet will be consulted before he arnounces his decision on section of the Dingley bill imposing discriminating duties. The decision may or may not be ready before the President returns, at the At- terney General has no idea of submitting the matter to the President or cabinet. If the opinion is delayed until after -he Presi- dent returns, the reason will be that the Attorney General has not finished his in- vestigations, and is not ready to finish writing an opinion. The matter is a grave one, involving too much for a hasty opin- ion, which would necessarily imply a too rapid investigation and study of the law. One reason for the delay is that the At- torney General has been taking some time getting his new home in shape, and gave no study to the matter for four or five days. Secretary Gage also stated that the mat- ter of submitting the question to the Pres- ident and cabinet has not even been hinted to him, and he is certain that it will not be done: that is, that it is not now contem- plated. ——_-+-e-______ PERSONAL BAGGAGE DUTY. Regulations U The regulations of the Treasury Depart- ment as to personal baggage under the new tariff law were issued this afternoon. Defining the meaning of the word “resi- dent,” Assistant Secretary Howell de- cides that a persoa will not be considered a resident of this country who has lived abroad two years and has had a fixed place of residence abroad for a term of one year. Under this decision the !atter class are put as foreigners and can bring in more than $100 in baggage in new and necessary articles without It being subject to duty. An American cannot bring in rrore than $100 worth of new. and necessary jupervising Architect. Over seventy-five applicants have pre- BeBRE, i 4 eee The regular permanent family, circulation of The Evening Star is more than double that of any, other paper in Washington, whether published in the morn- ing or in the afternoon. As a medium for unobjec- tionable advertisements it there- fore stands unequaled and un- approachable. —_—_—_—_—_—_——_____— REPLIES TO MR. FRYE Senator Chandler Out in Another Letter About Clause 22, STILL INSISTS If WAS A TRICK Points Out the Course Maine Senator Should Have Pursued. SUGGESTS A R BOSTON, Mass., September 4.—S William E. Chandler of New Ham: who a few days ago started a disc by stating that the min mz « of section 22 of the Dingley tariff bs passed by a “trick of legislation,” Herald this morning repli Frye, who a few days ago ¢ could not tell how the amendy was passed, ator Frye is a good and conclusive witness that what I say is true,” says Senator Chandler. “I quote Senator Frye’s own words: “How this amendment to + tion 22 was secured, I know not.” Defines Pryc's Position. enator Frye seems to mean that he not know until after the conference was adopted,on July 24,that the trick was in it. If that is what he then he certainly was tricked, relation to the of the commit mmer impossible that he should not that it was done, unless it was to him and all sen: the few contrivers of an, because his man te it tor ¥ thing aia tha , but did not know how he had failed in hi omitied for the whole week the conference report in the 5 it nate to tell gland constituents that the i struck this blow at New 8, the « * 1 honos course, they i the nec y ry statement writ- ten, and it * out t thander of a clerk.” That is a!w ground to take in such cases What should Be Done. “But whether legi: ion thus ob od will stay, even nominally, upcn the statute book is doubtful. Moreover, whet the Attorney General will find that the trick- ery of tegisiation must be enforced until repealed is not yet settled. It should not e him fifteen minutes to hold that the ecntiguous country clause only applies where there is no treaty come without extra duties ing our seaports; while, if egsery to avoid the elf part of the trick, it should not relary Sherman fifteen minutes them with Engiand, France ond and the collection of discrim take make rmany, AMERICANS COMING HOWE. Distinguished People Who Are Now on the Atlantic. LIVERPOOL, § aber 4 line steamship Gallia, which sall York on Thursday, had among he gers Admiral Sir Nowell Salm the British nav: The Cunard line which sails for N among her passer The Cunar i for New passen- VC. of steamship and her son and daughie rillard, Judge Lambert Tree, former United States minister to Belgium, Dr L. Godkin, editur of the Evening Post w York; the Right Re Foud Bishop of Tent Right t Talbot, Bish of Wyoming and the Most Rev. B. J. McQuaid. of Rochester. _ fe RD IN PHOININ. Bis A. T. Alleged Defaulter Recognized by a Fo PHOENIX, Ariz., September 4—A. T. Hurd, late chief clerk in the office of the United Staies marshal of Kentucky, and prior thereto private secretary to Gov Hunter, who is wanted in Louisville for defalcations, arrivea in Phoenix three days ago. Today he was recognized on t by Mrs. Mary R. Haff, till a year axo a resident of Frankfort, Ky.. who claims to be his creditor tw the amount of reve thousand dollars. On the basis of a nove for $120 signed by Hurd, she attached his trunk ai the fugitive has thus been pre- vented from leaving the city, which he ap- parently Was on the point of doing. — HUDDLESTON-KEITH MARRIAG the s Swell Society A ir Celebrated at S¢. Mary's Charch, LONDON, September 4.—T of Mr. D. E. Huddleston of Cambridgeshire, to Rona, daughter late A. Keith of Halifax, ) . Ww nessed by @ fashionable assembla Mary's Church, Cadegan square, this aft noon. Among those present were tty u of Gainsborough. Sir Charles and Lady Wolseley, Sir William Throckmorton. Sir Robert Herbert, Sir Charles and La Tupper and Dr. and Mrs. Wickwill of Hali- fax. The gifts were numerous. > PRESIDENT RETURNS TO CAVTON. marriz awaton Hail, of the = wit- Letter About Plet to KIN the Presi- dent Was a Hoax. COLUMBUS, Ohio, Septemter 4.—Presi- @ent and Mrs. McKinley breakfested this mcrning with Maj. and Mrs. W. F. Good- speed, then calied_upon Gov. Bushnell at the state house and left for Canton vo remain over Sunday. A letter received by the mayor of Colum- bus yesterday warning him againsi a plot to sesassinate the Presideat “because he appointed Powderly,” is regarded by the mayor and the director of public safety as a hoax. They both say that it was never considered seriously. Secretary Alger last night declered that the publication cf the letter was an outrage. nesitionatls Madrid Police Chiefs Wounded. BARCELONIA, September 4.—The chief of police and the assistant chief, who di- rected the investigation into the Barcelona ‘The Trensury Closed Harty. The Treasury Department closed this afternoon at 3 o'clock, the Secretary's or- closing at that hour during the not having been revoked.