Evening Star Newspaper, January 6, 1898, Page 1

THE EVENING STAR. pockets PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR BUILDINGS, 1101 Terneylvania Avezue, Cor. 11th St., by The Evening Star News Com: 8s. H. UFFMANN Pres) oo Few York Offce, 49 Potter Buildiay, ‘The Evening Star is served to subscribers fa the eity by cerriers. on their own account, at 10 ecnis per week. or 44 cents per month. Copies at the counter 2 cents cach. By nail—anywhere in the United States or Cenada—postage prepsid—50 ecnts Fer month. Saterday Quintuple Steet Star, $1 per year, with foreizn postage added, £3.00. (Entered a” the Post Office at Washington, D. C., as _secend-clase mall matter.) ©All rail subscriptions must be pald In advance, Rates of advertising made known on application. PETITION GRANTED > United States Electric Company En- joined From Laying Conduits, THE OPINION OF JUDGE HAGNER —_+—___ Exhaustive Analysis of the Various Phases of the Case. > COMPANY'S RIGHTS POTOMAC Judge Hagner today in Equity Court No. ruled on the petition of the Potomac Electric Power Company that the Commis- ners b> enjeined in granting any permits on the applications of the United States Electric Lighting Company, to lay conduits on 14th street, and that the United Stat company be enjoined from proceeding fur- ther te construct electric conduits on 9th t northw and on Grant street, Flo- avenue and 1th stre y wires or cables in nduits already const-ucting under the pending the Commissioners be enjoined, until spe- itficaliy authorized by Congress, from granting any permit to the United State company for the construction of additional conduits and from permitting the United States company to proceed further iis work of construction on Petition was granted by the United States company cannot with its werk on the streets indic Ul proper authority ured gress. et. from placing any part of such constructed; and from any conduit on th stre application, and t proceed ted un- trom Con- The Order ef the Judz In concluding hi: ion, in which all the details iscussed at length, Ju © opin of the case are ¢ Hagner sa. “Being of epinion that the Commis- sioners were lexaliy authorized to i. the permit to United States Electric Coinpany on the 17th of Novem- to mal duits on 9h stre: » the extension of its con- I shall pass an order overruling the moticn to dissolve the in- junction. which will be continued untu further hearing. For the same reason } will sign an order enjoining the Commis- sioners from issuing a permit for the ex- sion of the conduits from Mth and b ets. Claims Den The first point considered by Judge her was the contention of the Unite Ha St tes Lighting Company that its corpo- the exclusive legal ain underground condu any portion of the t of Rock ¢ ent authority right S aud wires city of Washington 1 that what ap- been conferred upon a has Electric Power Company by from the Commissioners to main- tain conduits and wtres within that te tery, including these on given in dero rights of th in direct violation Sand wires company om of sie United States company, of Jaw, and that are maintained by the without legai right or If this position be correct, said Hazner, the Potomac company can have no right to maintain any suit, based on what would Rave been a mere usurpa- tion upen the legal rights of the United States company. his same claim was urged by the United States Company in its suit against the Commissioners, in which it sought to re- strain the issue of any permits authorizing the Potomac Company to ¥ conduits on ther side of Rock creek and to prevent the Commissioners from entering into con- such mas athority, tracts with the Potomac Company for fur- nishing electric light upon any streets or nues, or in any parks or reservations Hagner said further. The pretent rruled by Judge Cole Novembér In my opinion,” added Judge Hag Whatever additional facts have -hee: developed ce ember, 1886, gre Strengthen the position assu by Cok It rfore overrule the contention. Right to Maintain a Suit. The next contention of the United States Comp: considered hy Judge Hagner w to the effect that, conceding the Potoma Company has a legal to maintain # proper suit respecting the subje involved, yet it has shown r maintain the action for an injur ve construction of the conduit along 9th street having been authorized by the Com- missioners, who had the legal right to i the mit, the execution of the work in per Manner cannot constitute a publ ther, that the Potomac +Company has shown no such special injury likely to result to itself as entitles it to z ply for an injunction to restrain the prose- cution of the work in any event. ted that the Potomac com- rof more than & ate in the District 2 © a considerable amount, and is no pretense that it is acting ly with other parties and not for - protection of its own interests, Judge er held that it may, in its ity as taxpayer, and as th essor of an im- portant privilege of chting on 9th street. maintain a suit te the t ing up of pavement on that stre work is being done without prop authority, especially as there does not ¢ ist in this jurisdiction an official corres- ponding to the attorney general in a stat to restrain acts in excess of proper legal authority et matter right to rtion; that & taxpayer that there Precedents Quoted. An unauthorized invasion of the public Streets constitutes a public nuisan cording to Judge Hagner, which may be enjoined at suit of a taxpayer without proof of other special injyry than the pecuniary loss and discomfort nece involved in the disturbance vf the sur of ich probably can be replaced. In two © least, the United States company ing to be a taxpayer in the Distr filed Lilis to restrain the pany to coastruet conduits or to enter into contracts for public lighting, said Judge Hagner, and in beth cases their right to maintain such xetion has b ned. No reason can be assigne Po- mpany shovld not have the sam Indeed, the fact that the Potomac ny is incorperated under the liws States, in the District ot Co- the defendant company has obtain corporate franchi of West Virginia, free from the safeguards established by our local statutes for the public protection, may perhaps mak right of the Potoms Company clearer, according to judg Has he Most Important Quest “This brings us to the consideration of the most im stion in the next said Judge Hagner. “It is wh the exca ned of and the s therein were its careful then held to be a public nui authorized, construction cannot be nee, as it would undoubtedly be if the reverse the case. “Th loubt the Commission- ers, after cor tion, and upon the ad- vice of their counsel, 2nd in sincere belief of their right to do so, issued a permit on the ivth of November, 1897, broad enough in terms to justify whatever has been done in accord=nce with its proper limitations, by the United States Company. , “Whether the C®mmisstoners ‘had the legal authority to issue the permit depends No. 13,994. upon the proper construction of the acts of March 3, 1897, and June 4 of the same year, in connection with the previous legisiution of Congress on the subject of electric light- ing it this District.” Judge Hagner then went into amnation of all the numerous st lating to the introduction of electric light- Ing tn the District, remarking that the course of that legisiation discloses a per sistent and cemmendable caution with ré spect to the introduction of this new and powerful agency for lighting purposes. mmissioners Had No Authority. Judge Hagner called attention to the fact that, in his written opinion, the coun- sel of the Commissioners advised the board that the law “grants to the United Sta Light Company th> privilege of extending its conduits and wires to three specified suburbs of the city. It does not conte an ex- tutes re upon the Commissioners power to permit nd he the company to extend its conduits wires. If it did, then it might well contended that the Commissioners pos: the discretion to designate the strects in which the extensiens might be mad Tre counsel for the Commissioners con- cluded his opinion, so said Judge Hagner, by expressing the cpinion that in order to extend its conduits and wires in 9th street to Columbia Heights under such regula- tions as to the method of doing the work as the Commissioners may prescribe, the plication of the United States Company should be granted. “I am unable to concur in this view.” Judge Hagner stated. “If the authority claimed was conferred upon the United ates comp:any in the unlimited term sug- ted it would be the only instance so far as I have been able to find in which the wuthority of the Commissioners has been so circumscribed in the legislation of Con- gress on the subject of electric lighting. What Might Happen. After stating that the selection of streets appropriate for the extension of conduits would appear to be « more important sub- ject for wise legislation than tie depth of ai the location of the manholes or the repair of the pavement, Judge Hagner vent on to that it appears that ¢ the numbered streets, beginning th street west and including 1th s east, is crossed ther by ew Hampshire, Penn chusetts, Rhode lend, New York or Maryiand avenu A contains ing conduit lettered street similarly If the construction under exam- - correct, remarked Judge Hagner, there would be nothing to prevent. the United States company from selecting one or even all of those numbered streets, in addition to 9th street and to t wlrendy appropri by it, for the location of con- duits, connecting with already existing con- . and such avenues” and lette streets, under the claim of extending the line so as ultimately to enter one of the three subdivisions involved in the proceed- ings. of Pa An Hlustratien Cited. jication for a permit nduit from B and 1th to con- streets “The struct a up the Intter street to New York avenue urder the claim that it would there con- nect with an conduit’ running ts nd ce make connection and Hagner, ration of the ¢ of the defendant company— beginning of the proposed es t two miles distant or Mount Pleas- theery the point ¢ tension being from Columbia He! The act is to receive a reasonable c¢ structi stated Judge Hagner. The per- mission to extend the conduits to the sub- unquestionably assume that the excavations should be made by the short est reasonable route, so that the injury tc the streets and the expense and disco: fort to the public should be reducet to minimus. The words of the paragraph are not loose enough to permit. the injurious cons s that would flow from an exagg construction. According to the adage, “Al roads lead to Rome,” but man who had agreed to pay another's e from to Rome would jusuly surprised and indignant if presente: with a bill for expenses of the journey from Paris around } ersburg and Constantinople. Congress would be equal- so Judge Hagner said he must believe, to find that the electric light which was shining due south of the thre: tivisions in question and near at hand would b ed to be introduced inte them through long and needless circuits from the east or the west. Conduits Not Too Crowded. “Although the affidavits filed in behalf of the defendant company are quite numer- ous,” Judge Hagner also sald, “I am con- strained to say I am not satisfied the existing conduits are too crowded to ad:nit of an increase of wires in the ducts ade- quate to supply the three subdivision The United States Company availed itself of the permits to lay on the streets leading to the was bound to adept appliance size to meet every present and probabie de- mand in the near future for the territory which had as to avoid th been committed to its care, necessity of repeated oO vations. If larger conduits had then Ee used it would not have been necessury to other streets, because from wha y have been simply an error of judgment it constru its conduits on too small a seale. If such piecemeal methods were to allowed, numerous conduits might ve to be placed in every sireet; and the exca- vations would become incessant and most harassing to the in| nts.” cbi > SPREET RAILWAY CONSOLIDATION. Bill Intro end the Eck- ington Line’s Charter. A bill to amend the charter of the Eck- iugton and Soldiers’ Home Railway Com- pany of the District of Columbia, the Marylaid and Washington Railway Com- pany and the Belt Railway Company w: introduced in the Senate today by Mr. MeMitian. The bill was presented for introduction im the Senate by O. T. Crosby, one of the sy) e which has acquired the rail- referred to in the bili, but befor! placed before the Senate a number of changes were made in it. The bill allow: » companies named tc consolidate such portions of their lines as are in the District @ Columbia, as de- Sckington and Soldiers’ Home Railway Company. is given authority to issue mortgage bonds tur the purpose of effecting the purchase of other roads of tie consolidation. ‘The bill as originally drawn gave the company an extension of nine months of the time already allowed for equipping the Eckinglon and Soldiers’ Home raliway fines with the underground ele ric stem ovided that the time for compleung uipment of the North Capitol street be extended until that street is dedi- cated to the public use from its present terminus to its intersection with Michigan avenue and that nine month from the passage of the act be given to equip that line with some autom mechanical sys- tem of cars other than steam. The above provision in relation to the North, Caaitol street hne and an extension of fime for equipping the road generally is stricken from the bill as originally drawn. ‘The bill as changed requires the com- pary to give a bond of $100,000 for the iaithful performance of its work of equiy- ment and to pay all its taxes and special assessments before beginning work. The name of the consolidated company is changed to be the City and Suburban railway of Washmgton. —— Major Handy No Better. Advices received by Assistant Secretary Cridier from Augusta, Ga., where Major Moses P. Handy, United States commis- sioner to Paris, is lying ill, are to the ef- fect that the commissioner has not im- proved since his avrival there from Wash- ington. . way propertic: The President Had a Busy Day With Callers. ges CONFERRING © OVER PATRONAGE Current Gossip Regarding the Min- istership to China. ee ISPUTES OVER OFFICES ae es aes From early this morning until late this afternoon President McKinley was busy re- ceiving callers. The crowd which went to the White House was equal to any of for- mer days, and the executive officers say that they have never been busier. One of the first things done by the Presi- dent was to hear the statements of the warring Virginia factions as to the mar- shalship and district attorneyship of the western district of the state. were Repr atives Yost and on the other Collector Brady and Na- tional Committ n Scott of West Vir- ginia. e number of con- gressmen waiting the President a ther hearing was adjourned until to- morrow. North Carolinians on H: North Carolinians have also been flocking to the White Tiouse. Everything is harmo- nicus with them, however, except over the Gist attorneyship of the western dis- trict. The President is said to be friendly to C, M. Bernard, who is the cand On one side and Walker Owing to the lar: to Representative Skinner, Phe Pre anxious to do something tor Mr. Skinner for the work the latier did for Senator Pritchard in the last senatorial fight. Mr. Skinner is a populist, but supported and worked for tchard. Mr, Skinner w at the Whi toda: 1 Governor also at the Senator Prit« of North © House. ‘Thi ng tak with the President. Governor Russell is here on business and wanted to pay his respects. It is thought, however, that he 1s 5 a hand in the fight over the district attor- heyship. It is not known how he stands John ©. Daney, ihe North Carolina co ored man who made light for recorder of of the District, is here. Cheat- ham was aypointea recorder of deeds Se ator Prite sed to give Dancy. the position of customs at Wil mington. ‘The promise has been kept, and Daney's name will shortly go to the Tharte: for that place. The Kentucky Kentuckians al Debee saw the President reg of the port at L wer cnator sure Mr. veyorship Deboe a good while ago recommended C. M. Barnett for the place, but there parently a hitch, which will have to be straightened. enator Lindsay, gold democrat of Ken- tuck. introduced Judge Sneed r fort to the President. Judg candidate to! Senator Lindsay the postmaster town. id to h it with Judg tery. be allo Frankfort, u to name his home 4 democrat, and ds. B. olmes. H ed was an act of cou! will at He will name a ge see Representative Evans and Albert White, of I suisville, Were at the Execu- r, White was urged upon for appointment as minister t this place went elsewher to be provided for els colored, tiie: the President to Liberia, nd he now wa ors Platt, New York; Mason, M Millan and Burrows were among the other callers. Some Kansas Places. There is no longer any doubt about who is to control the patronage of Kansas The nominstion yesterday of William E. Sterns as marshal ef kan the prod- uct of S@nator Baker's efforts. The st tor won afier strong opposition. He i longer opposed, as the futility of opposition is seen by those who have attempted it. Senutor Baker had an interview with the President today about some of the remain- ing offices to be filled. It is understood that th senator has recommended the fol- lowing for nomination to land office p Thomas A. Seates, receiver at Dodge K. B. Wilcoxsen, regisier at Colby; rat Colby. The Case of Mr. Bryan. re has so far been nothing but the merest gossip about transferring Charles Page Br n from the Chinese mission to the Turkish mission, and sending Dr. An- gell to China. No proposition of that kind has yet been made to the President, but some of those interested have spoken of the chan one which might satisfy all concerned. Dr. Angell, the new minister to Turkey, has had experience with Chi- nese affairs, having been a member of the commission which negotiated the com- mercial treaty between China and this country. Mr. Bryan’s nomination as min- ister to China is now before the Senate. It went to that body several weeks ago. but was suspended by a telephone mes: sege from the White House to the Sen- ate. ‘The suspension was withdraw terday and the name officially pre To bring about the change suggeste weuld probably require more negonatio between the ren interested than will b. given it. Mr. Burton for Hanna. Repre; tive Burton of Cleveland, Ohio, has for years been known as an anti-Hanna man; that is, as not pulling po- Mueally with the senator in all things. Mr. Burton was at the White House to- ‘Gay and talked with the President. To a Star reporter Mr. Burton said: “I beliey «nator Hanna will be elected. I am cei tain that he ought to be elected. I believe Senator Burke will vote for him. Nearly all the men now standing out against Mr. Hanna pledged themselves on the stum:! last year to support him. They also pe scnally pledged themselves.’ © a RECIPROC! TREAT aS. British Embassy Quietly on Negotiations, ‘There is reason to believe that Great Britain will again take the lead of other nations with which the United States has relations in the negotiation of reciprocity treaties under the Dingley tariff act. While ether nations were locging complaints against the terms of the act, and of the very limited advantages offered by the reciprocity clauses, the British embassy bere has been at work quietly carrying on negotiations for a series of treaties extend- ing the benefits of so much reciprocity as may be obtained under the act to the Brit- ish possessions in the West Indies. Sir Julian Pauncefote has been at the State Department several times recently in eon- sultation with the officials there as to the terms of the agreements, and matters are advancing to a point where it is expected | that some of the officials of the British colonies will be called into the consulta- tion, as is customary with the British gov- ernment in such negotiations. It is said that the old reciprocity treaties, which were set aside by the Wilson act, will still serve a useful purpose as the basis for the ew agreements, though it will. be. neces- gary to amend them in order to allow for the changes in business and commerce that “haye taken place since they were drawn. Carrying NO VOTE ON SPEAKERSHIP Maryland House Adjourns Until Noon To- morrow. Hard to Tcl as Yet the Strength of Various Candidates f the © Senator. Special Dispatch to The Evening Star. STATE HOUSE, ANNAPOLIS, Md., Jan- uary 6—The house of delegates took no vete on the speakership today, deciding to take a recess until tomorrow at noon. The decision was reached by a strict party vot all the republicans, voting for the adjourn- ment. An attempt is befng made to concentrate the republicans in favor of Mr. Oscar Quin- timore city, but it is hard to tell be the outcome. he city bolters (are apparently as far apart from their colleagues as ever, and are firm in their cantention that they will vote for no one but‘of their own number. Many of the most prominent republican leaders in the state are here today trying to unravel the tangleiin which affars are i the present time. The democrats are threatening to step in and vote with th holters if the partyjin contro] does not set- tle matters without much delay. It was re- ported this morning'that the democrats had made a deal with the bolters, and inere is very little doubt but that tney are ready to do so. : (he probabilities are that something will > dene tomorrow, if not by the republi- a combination of democrats and republicans. The talk about the se with the talk over thi > speakership, the two questions séem to be closely ident and lin the mind: crs of Judy ried ovr their ans of all here. ‘The support- p MeComas are very much we nation and do not conc The eastern shore republ e teday thréatening to keep away from the senatorial caucus unless they are that a man from across the pay chosen to succeed Senator rman, and the eleven city bolters are as firm a ey an ‘rin their determination to vote against vy but a Baltimore man, eS ee DURRANT WILL DIE TOMORROW. Both He and His Father Have Ac- cepted the Inevitable. SAN QUENTIN PRISON, Cal., January 6.—Theodore Durrant Ras entirely given up hepe and so has his father, who came over last evening with the news that the United States district. and efrcuit courts were closed to all further appeals or applica- tions for writs delaying the execution. Roth are now convinced that the younger Durrant will be hanged on Friday. When (old that Governor Budd had taken under application made by his at- for a commutation of sentence to iife impriscnment or at least for a reprieve, Theodore Durrant sprrowfully remarked that he had litte to Hope for from the gov- ernor, The elder Durrant has finally not to be present at the hanging. He has so notified the warden, making a number of requests which Warden Hale granted. The father of the condemned murderer esked that after the exccution the remains t son be placer at once in the coffin without autopsy or Inquest ard that the black cap be not removed, so that no one would be permitted ‘to see the boy's face after death. He also asked that the roy be burned after execution so that It could not be cut up and bits distributed as sou- venirs. he condemned man has received spiritual corsolation from Reve Wm. Rader, a C gregational minister from San Franc Chaplain. Drahms also called, and Rev. Logan of San Rafael, who was frequently visited by Durrant, edme to say farewell. Durrant Has Broken Down. AN FRANCISCO, Cal. January 6.—A special to the Call from San Quentin prison advisement torneys decided ys that Theodore Durrant has broken down completely. When visited by his parents or friends he gontrols himself and simulates calmness, But alone with his guards ne gives to the most violent sterical outbreaks, rolling on the floor of Li ming and crying. His nerve seems completely forsaken him, an¢ the opinion is expressed by the prison officials that the condemned man, whose titude of entire self-possession and covl © ever since his arrest has ben so remarkable, the galiows. will have to be carried to a HOUSE DISTRICE COMMITTEE. Chairman Babcosk WHI Ask for a Week From, Monday. The House committée on the District of Columbia held a brief meeting this morn- ing. The members present were Messrs. Jeseph W. Babcock @Wis.), chairman; Al- fred C, Harmer (Pa), Richard C. Shannon (N. Y.), Benjamin B. Qdell, jr. (NX. Y., John J. Jeakins (Wis.), Charles F. Sprague (Mas James Ds “Richardson (Tenn.), Adolph Meyer (La), Mason S$. Peters (Kan.), William S, Cownerd (Mo.). The committee ordered a favorable re- pert on the bili authorizing the Commis- sioners to accept the bequest of the late Peter von Essen. It was determined to grant a hearing next Thursday at 11 o'clock, at the request of ‘Thos. G. Hersey and Dr. Robert Reyburn, to persons advocating the biil authorizing a special election to be held in the District to ascertain whether a majority of the citi- zens favor a change inthe present form of government. The subcommittee on judiciary, Judge Jenkins, chairman, will hold a meeting to- morrow at 11 o'clock to act upon bills be- fore that subcommittee. : Owing to the impraetieability of getting Dills on the calendar sufficient in number to make a day’s business in the lious Chairman Babcock wil ask that the tol- lowing Monday be @ubstituted for next Monday as District day. Mr. Babcock will introduce the bills sub- mitted by the Commisstoners, the titles and contents of which have been published heretofore in The Star. + SHIPPED TO THE, PREASURY. The Silver Certificates €alled in by by the Seeretary. The first shipments to the treasury un- der the recent order of Secretary Gage retiring all $100 silver certificates in con- sequence of the discotery of a dangerous counterfeit, were received today. They aggregated about $350,000, and came from Boston, New York, Phtlgdeiphia. and Bal- timore. A careful examimétion by the treasury experts was, mad@ but none of the spurious notes was found. A number of telegrams from the sub- treasuries have been received, asking for authority to decline to receive all silver certificates of the $100 denomination, but in each case instructions have been sent declining the request, and giving directions that all genuine notes be received as usual, but in cases of doubt they may be received subject to examinatiom by the, treasury experts. £3 * Several of the assist; notified -the Lers of notes of this ing presented and ai for remittances in small notes to feet this unexpected ‘de- mand. ese Shipmengy are ‘made as rapidly as possible, - Secretary. Long Return: Secretary Long returned to this. city this afternoon from @ visit to New York and Boston, Ss ®t : Pe a it treasurers have that large nim- mination are be- NOW IN THE HOUSE Introduction of the Monetary Com- mission Bill. REFERRED 10 PROPER COMMITTEE Character of the Proposed Guar- anty Furd. PROTECTION OF THE NOTES Representative Overstreet of Indiana in- troduced in the House today a comprehen- sive bill for carrying out the plan of the monetary commission for the reform of the currency. The bill was referred by Speaker Reed to the committee on bank- ing and currency, and Chairman Walker Las arranged to give early hearings to ex- Senator Edmunds, the chairman of the commission, and perhaps to other mem- bers. The House committee on banking and currency made arrangements today to hear representatives of the monetary com- mission on January 12 relative to the bill fer currency reform prepared by that body. Those to appear will be Judge Edmunds, representing the commission, and also rep- resenting the north and cast; Judge R. S. Taylor ef Terre Haute, Ind., representing the middle west; J. W. Frees of Salem, N. C., representing the gold democratic senti- ment of the south, and ex-Secretary Fair- cnild of New York. The bill contains forty-seven sections and embodies in legislative form every feature of the recongmendations of the commission. The earlier portion, relating to the main. lenanc? of the gold standard, the creation of the bureau of issue and redempuion, and the gradual retirement of the legal lender notes, are embodied in the bill in aimost the same language as in the report, as recently published in The Star. The banking features are more elaborate and carefully define the character of the gaar- anty fund for the protection of notes ts- sued upon assets and the manner of deeming the notes of failed banks. The section dealing with the guaranty fund is as follows: The Bank Note Security Fund. 20. That every national hall at all times keep have on deposit with the division of i and redemption, for the purpose herein- specitied, a sum in gold coin caual per centum of its outstanding cir- culation. The amount kept on deposit shall constitute a fund to be known as ‘the bank note guaranty fund,’ which fund sha! be held for tne following pur peses, and for no other, namely: When- ever the controller of the currency sha!) have become satisfied by the protest of the waiver and admission specified in section 5226 or by the report provided for in sec- tion 5227 of the Revised Statutes of the United States, that any association has refused to pay its circulating notes on demand fn lawful money, he shall direct the redemption of such’ notes from the bank note guaranty fund aforesaid, and such notes shall thereupon be so redeemed “After the failure of any national banking association to redeem its notes shall have been thus ascertained, the bonds deposited with the treasurer of the United States shall be soid, as provided by law, and the proceeds of ‘such sale shall be paid into the bank note guaranty. fund. The con- troller of the currency shall forthwith col- lect, for the benefit of the fund, from th ussets of the bank and from stockholders ‘Sec. asseciation banking and thereof, according to their Hability, as clared by this act, such sum us, with th in the bank note gu N equal the amount of it lating notes outstandir bose the United States shall on behalf of the bank note guaranty fund have a mount lien upon all the assets of the cat and such fund shall be made good out of such assets in preference to any and all other claims whatsoever, except the necessary costs and expenses of adminis- tering the same.” The next section of the Dill provide “That whenever the controller of the cur. rency shall pertain what deficiency, if any, ¢ between the aggregate collec- Hons for the benctit of the hank note securi- fund in the case of any failed bank and the amount of its outstanding notes re- deemed and to be redeemed from the said fund, he shall assess such deficiency upon all the national banks in proportion to their notes outstanding at the time of the fail- ure of such bank.” The provision for the assessment -of the tax upon the circulation above the author- ized limit is as .ollow: Tax on Circulation. “Section 25. That every national banking association shall pay, on or before the last day of every month, to the division of issue and redemption, a duty imposed at the rate of 2 per centum per annum upon the average daily amount of its circulating notes outsanding in excess of 60 per centum of its capital stock, and not in excess of 80 per centum of such capital stock, and a duty imposed at the rate of 6 per centum per annum upon the average daily amount of such notes outstanding in excess of 80 per centum of its capital stock. Circulating notes of any national banking association shall be re- deemed and held to be outstanding when- ever they shall have been supplied by the controller of the currency to such associa- tionein blank, registered and countersigned according to law, and shall have not been returned to the controller for cancellation or covered by an equal amount of lawful money deposited with the assistant trcas- trer in charge of the division of issue and redemption for the retirement of such notes.” The present restrictions upon the amount of circulation which may be withdrawn mentkly, and also upon new issues of »vank notes by banks having made withdrawa!s within six months, are repealed. Government Not Responsible. Section 34 of the bill provides for re- demption of notes in multiples of $1,000 in lawful money, upon presentation at the treasury and subtreasury designated for redemption purpeses, but it is provided that “Nothing in this act contained shail be construed to impose upon the United States any liability for the redemption of the notes of any national banking associa- ticn beyend the proper application of the redemption and guaranty funds deposited with the division of issue and redemption, and the enforcement of the remedies b; this act provided.’ Section 35 contains the provision that one-fourth of the reserves shall be held in ccin, with the specific mandate “That ncthing in this section except as express- ly provided shall be construed to alt or in any way affect the provisions of ex- isting law governing the maintenance ‘of reserves.” 2 Section 37 authorizes establishment of banks with a capital of* $25,000 in towns, not exceeding 4,000‘Mmhabitants, and sec- tion 38 declares “That it: shall be lawful for any national “banking association to establish branches under such rules and regulations as may be prescribed by the ecntroller of the currency, with the ap- proval of the Secretary of the Treasury. Section 41 provides for at least two ex- aminations of natior.al banks each. for the rotatjon of examiners and. for salaries for examiners, The amount of the cireu- » And for this pur- -year,. fixed saleries is to be colle upon the banks. 5 Entry of State Banks. Provision is made for the entry of state banks into the rew system, section 45 read- ing: “Any bank or banking association in- corporated by special law of any state, or crganized under the general laws of any state, havirg a paid-up and unimpaired capital sufficient to entitle it to become a national banking association under the rrovisions of the proposed act, may, by the consent in writing cf the shareholders own- ing not less than two-thirds of the capita! stock of such bank or banking association, and with the approval of the controller of the currency, become a national bank wn- der this system, under its former name or by any name approved by the conpro!ier. The directors thereof may continuePto be the directors of the association so organ- ized until others are elected or appointed, in accordance with the provisions of the law. When the controller of the currency has given to such bank or banking asso- ciation a certificate that the provisions of this act have been complied with, such bank or banking association, and all its stockholders, officers and employes, shall have the same powers and privileges and shall be subject to the same duties, liabili- ties and regulations, in all respects, as shall have been prescribed for associations originally organized as national banking associations under the proposed act.” ted by assessments ‘ATIONS CONFIRMED. NOM Favorable Action Coasular ‘The Se rate today confirmed the following nominations: Alfred W. Brown of Massa- chusetts to be assistant appraiser of nd in the district of Boston Charlestown, Mass. To be United States consuls: Edward D. Winslow of Hlinois, at Stockholm, Sweden; U. J. Ledoux of Maine, at Three Rivers, Quebec; Michael J. Burke of Mlinois, at Port Stanley and St. Thomas, Canada; W S. Hollis of Massachusetts, now consul at Mozambique, to be consul at Lourenco Mar- quez, Africa; Louts H. Ayme of Hlinois, at adeloupe. MeCunn of Wisconsin, at Dunfermline, Scotland, Geo. H. Moulton of Color ) Briz- sh Gui W. Merriman of Wisconsin, at Lrockville, Ontario; Daniel E. MeGinle of Wisconsin, at Athens, Gr Wm. Prickitt of New Jer: t Rheims, France. Also Edwin M. Yearian, of Junction, Idaho, to be Indian agent at"Lemhi agency, in Idaho. Adolph L. Frankenthal of Massachusetts, to be consul at Berne, Switzerland. —— RELIEVING The State Department Receives a Check From Prof, Bell. The Secretary of State has received a check for $100 from Mr. Alexander ham Bell of this city for the relief of the suffering Cubans. ening Star Fund. Senate on jection: mer- and CUBANS. ening Star Co. ® F100. G. B.. - ie A friend. - TA RoW. Farrelly... + 1.00 A friend a ~ 10 « cae an MOE. f..... Low St. John’s. - TO W. M. Galt & Co. 100.00 Cash ..... = Bee Bry Theo. J. Mayer. 100.09 Vermont Avenue Baptist € 20.00 Weodward & Lotirop...... 100.00 Cash 5.00 Thos. W. Smit A friend ee er) Towa. 10.00 M.S. 100.00 Cash - Loe Total .... CENTRAL PACIFIC DEBT. Foreclosure Proceedings Unless Proposition for Settlement. The administration is beginning to move toward a settlement of the Central matic debt, and something is expected to a velop. If there is not a settlement in tw months, foreclosure proceedings wili be instituted. It is said that a representative of the company recently had a ence with the President, Secreta ge and Attorn, McK view to a final setUement of the company’s obliga tion without placing the road in the hands of a receiver. No definite proposition, it is nderstood, was made cither by the com- pany’s representative or the government, nd nothing has occurred beyond the re- cent informal conferences, which would in- dicate that a serious effort was making io avoid a foreclosure s Owing to the many claims and counter- claims involved, it is not possible at thi time to state the exact amount in which the company defaulted on January 1, but the ameunt of the due and unpaid principal on that date was $10,614,120. The other items in the account are: Balance of in terest due the United States, $35,85 Londs redeenicd by the government prior to nuary 1, $6,074,000; accrued { est, S51M, . Against this total of © 172 the compuny has $7, ) in cash and bonds in its sinking fund. There are also judgments and claims against the government un- paid amounting to $2,473,366, which leaves a net balance on January 1 of $43,058,156. On January 1, 1899, bonds will mature to the amount of $9,197,000, exclusive of ac crved interest. ————-e--— —--__—_ CITY POST OFFICE. Contract for Putting in Electric Con- duits and Wires Awarded. The Treasury Department today awarded the contract for putting in electric wire conduits and wires for the new electric plant of the city post office to the Southern Electric Company of F imore. The bid of this company was $20,650, and was the lowest of a number opened some time ago. The wire conduits and the wires are pre- liminary to the contract which will soon be let for putting in the entire electric light and power plant. Bids have been opened for placing in- terior conduits in the building for convey- ing telephone wires over the entire build- ing. The bidders and bids were as follows: Southern Electric Company, Baltimore, $2,150; Chesapeake Telephone Company, Washington, $2,735; Royce & Marean, Washington, $1,429. The contract will be awarded in a few days. The telephone sys- tem to be put in will be a thorough one. > CHARTERED A STEAMER. NEW Reindecr to Me Brought for the Klondike Expeditions, A cablegram received at the War De- partment today from Lieutenant Devore. who was sent with Dr. Jackson to Europe to secure reindeer for the Klondike relief expeditions, said that a steamer had been chartered for transportation of the rein- deer to the United States, and it was ex- pected that the party would be able to sati for New York on the 20th instant. HIGHWEY EXTENSION. The Bonrd of Trade Bill Introduced 2 im the Senate. Mr! McMillan today introduced in the Senate the board of trade's bill for a per- manent system of highways in the District of Columbia lying. outside of cities, pub- Ushed in full in yesterday's Star. The Evening Star is the only afternoon paper in Washington that receives the dispatches of the Associated Press. It is therefore the only one in which the reader can find the complete news of the world, directly trans- mitted by telegraph, up to the moment of going to press. EFFICIENT SERVICE Appointment Clerk Brackett Gives Views in Detail. PRESENT SYSTEM OPPOSED of Changes. Ss He is in Favor Sweeping —— ape The investigation into the methods of civil service reform was today resumed be fore the Senate committee on civil servic reform and retrenchment. There w present Senator Pritchard, chairman; Sen- r Chilton of ‘Texas and Senator of Massachusetts Maj. Fred Brackett, chief of the diviston of appointments of the ‘Treasury Depart- ment, was the first witness. Among others present were Civil Service Commissioners Procter and Harlow, Mr. George R. Wales, law clerk of the commission, and ex-Repre sentative Henry M. Baker, acting president of the National Anti-Civil Service Maj. Brackett read a paper which he had prepared on the subject of the ize tien, his appearance before the committes being in response to a request“by the chaire man of the committee. Alleged am in Lodge League inv lure of favor of a civil w. oni said service law,” Maj. Brackett. “The a ISS, either by reason of its basic provisions or because of the manner in which it bas bee a administered, hus failed to fully satisfy either its projectors or the general publ Both democrats faver to a ¢ that shall but the m: these and republicans are no extent of a civil recognize merit and capacity, rity of both parties assert that qualifications can properly and advantageously be linked with a po- litical qualiteation; and as the present law and rules bar politics, the clamor the law has grown to formidable or With either party in power strenu- ous efforts are made to faver the adberents of the political faith of the dominant party, with the result that while public manifesta. tions of approval of the theory ond spirit service against propor- of the law are often given, private denun- ciation of its scope and operations is ve= hement and bitter. The pertinent question to b answered, therefore, is "What modifi- cations or amendments can be made in the law in order to carry out its theory and render its operation satisfactory to the great mass whom, if you please, we will term the “commen p Iv is a coward- ly J abusive argument to mect a proposi- tion for the enactment of better law with the allegation that those who advocate sueh a course are ‘spoilsmen.’ Tam frank enough to that if I could so modify the law as to favor the appoint- ment of republicans when th tien was republican, and dem the administraiion was democratic, 1 would do so, making it a condition, however, that discharges should not be made because of political faith. I would advocate this for the reason that to the greatest possible ex- tent compatible with good government the men charged with carry out the policy or policies upon which dw administra is placed in power should be in sympathy with the administration. “If there is true merit in finance, tariff or rei be intrusted with th ness that falsity? iministra- crats when any theory of procity, who shoul? conduct of the brsi- will demonstrate its truth If you were trying to establish Baptist congregation in @ community, weuld you select Methodists for your dea- ecus? T faney not. It is not practicable to change the personnel of an entire admin- istration every time a new party is voted into power, but there a a multitude of places where changes should occur, in- cluding all offices of an administrative or executive character. All new appointments should (under j restrictions) be given to persons of ame political faith es the party in power. Vacancies enough oe- cur through reesens 0 ical in the various executive departments of the government to make it possible to salisfy as great a proportion of partisan claims as are usually satistied under the most favorable conditions. My theory is not the bald theory that the ‘spoils of of- fice’ belong to the successful party, but that the principles advecated by such party should have the best exponents and the greatest number cbtainable under the con- ditions and limitations which I will propose in the civil service, for how else can we shape results upon’ which the people are to judge whether they have chosen wisely? By the greatest number obtainable. 1 do not mean to include other than the admin- istrative and executive officials. But few of the thousands cf clerks employed in the departments, many of whom have been classified ever since the passage of the act of 185 (sec. 164, R. S), come within this category. Experience of Eighteen Years. “I have been in the civil service of this government ct various time for periods that aggregate cighteen years. Until 1883 nearly all clerks were examined, as provided by the act of 1833, to te qualifications for entrance into the se ice and for promotion, after having served a provational term.’ The examinations were of a practical character, and gencral- ly proved to be a fair index of the can- didates’ ability. Even under the so-called spoils system I never tad personal knowl- edge of the retention or promotion of but few incompetent or unworthy clerks; but heir 1 do know that merit, constancy and in- dustry were invariably rewarded. Injustice may have veen done in rare instances, but never to such an extent as has occurred under the reformed civil service. There were no more ‘pulls’ in evidence then than there are now, and always will be under any scheme that can be devised—unless ihe human heart becomes less susceptible and preference for strangers o'ersradows our regard for friends, Major Brackett’s recommendations for changes in the law follow: Recommendations, 1. As the act of 1883 only provides for the classification of the force in the sev- eral executive departments, in post offices and the several customs districts of the United States, all other classifications should be abolished, or the law amended so as to clearly include them. 2. All places or offices requiring scien- tifie or technical knowledge and experience should be filled only by the appointment of an eligible, to be determined ‘by a prac- tical examination Conducted as hereinafter provided. a Classifications should be made by the beads of executive departments, all of the present independent bureaus (if any) to be attached to some ¢esigcated department for said purpose of classification. 4. All examinations for admission to and promoticns in the several departments to be under the contro! and direction of the head of the department. 5. Each depariment to report annually to Congress the character, scope and results of exarainations for appointment and pro- motion. 6. Appointments in the several depart- ments to be apportioned among the several states and territories according to popu- lation, such apportionment to be deter- mined annually from the best and most authentic data by the actuary of the Treas- ury Department, and reported to heads of ents and auditing officers for their = No discharge of any classified clerk or