Evening Star Newspaper, July 27, 1898, Page 2

“ET A LONG WAY OFF onsiderable Time May Elapse Before the Peace. WHAT THE GENERAL FEELING IS This Government, It is Held, Should Not Announce Its Terms. TIEWS OF PUBLIC MEN a The general feeling appears to be that a considerable distance be- toward peace made by French ambassador actual establishment of what has long been le world, that she can- with the United appear that S' in communication throt the French or went far enough in her a¢ of failure to indicate the her part necessary to a com- is felt that nately lead to ment w rave this disc which it may be Zesign of th rainis tration to is intimated, the overture wi form of «n in- quiry as to v be granted the an- y interest Id su for peace, seme of dit might t upon any ¢f- forts S na¥ at this time be making to Induce certain pewers to Interfere in thé Philippines. . Perhaps a Feeler. It is at the inquiry might be Prompted mc sire to disclose our policy nit a point interests of ent to Spain bf an fom nd will chised on merely 2 very general and terms, rather pointing out for Spain to adopt to as- ses than in any way dis- diplomatic in its the proper mean certain our purp 5 >ur policy it Itself point several men in Congress ex- Pressed to a Star reporter opinions almost entical. All that this government should not commit ftself on the matter of advance of actual negotiations of peace based on the yielding of Spain. Representative Ermentrout of Pennsylva- nia said that he thought this government could not be expected to inform Spain and world what terms we would grant, je Spain was not committed even to the position of suing for peace on any terms except those of her own making. If Spain been defeated, he sai has only to sue for peace and to accept the best terms she oan get, unless these terms are such as to make utter destruction by war prefer- to their acceptance. She cannot dic- tate terms to us nor question us as to our intentions while maintaini her own a reserve on d Porto Rico. The ques- » shall do with respect to This is a question which ourselves. Do we want s, or it to be tain more than haps one island, do we not? We may not to cur advantage to re- a naval station, or per- but we are to decide that for ourselves. Spain 1s not in a position to dictate the decision.” Representative Joy of M believ: puri expressed about the same idea in different form. He said he did not think the President was required to say to Spain what he would do if she uld sue for peace. He said he was mu to h in doubt about our wanting tain the Philippines as an entirety, S decidedly opposed to anything like a joint protectorate. He thought it quite Probable that others besides Spain might be interested in getting a declaration of our policy in advance of peace negotiations be- ing opened and that it was proper for this to maintain a suitable reserve. entative Otey of Virginia said that been evident for some time that Spain would soon have to sue for peace, but he thought the administration should be careful about answering categorical questions as to what we will do. Overtures begun with questions, in that way, might have motives other than secur- ing peace, and Spain might not be alone interested in the reply. A Bothersome Question. “I will be glad when the war ends,” Rep of Minnesota to a S' reporter thi oon, “but I am afraid that before peacs comes there will be many vexaticus problems to settle. The question of what to do with the Philippines will bother us a great deal, I am afraid. Of course, we will ‘ind the solution of the question and it will be a proz n along good American. lines, but + be much thinking in the meantime. “We cannot turn those islaads back to Spain, because the insurgents would have something to say about that. There might be embarrassment in an attempi to dis- Pese of them to another country. There is one thirg certain, however, whatever we do with the Philippines, it must be with the reservation cf a coaling station for Ourselves. “Porto Rico we must take ourselves. _I think that fs conceded on all sides. There will be no yielding on that point. The island is necessary to u: a military sta- tion in the West Indies. « It ts pofnted out a number of times in discussing the question that Spain is not in a p on to ask questions of us be- sking for peace. The petition for peace must have for Its motive the saving of Spain from further disaster. She is not {n a position to inflict damage upon this government, nor, in fact, to continue the War. Without the war being formally con- cluded, it ts pointed out, this government could take and hold possession of all the outlying islands of Spain and could then proceed upon a peace basis without Spain being able to attempt to recapture the nds or to even keep up the forms of Therefore the suggestion that Spain agree to terms which do not re- to her the possession of the Philip- pines is regarded as inconsistent with the conditions which environ the Spanish gov- ernment. Dispute Over the Philippines. There is no unanimity of opinion among Public men as to what disposition shall be made of the Philippines, whether we shall retain them all, or only one, shall make them Independent of Spain or restore them. Thé suggestion of a joint protectorate meets with general disfavor. It is not believed that th's government would under any circumstances go-into a joint protec- torate again. There is a strong sentiment of regret in Congreas that this country went into the scheme for a joint protec- torate over Samon, ‘and for some time there has been serious consideration given to the question of withdrawing from the Part- and that the re- ply is made than that dor at yester- | he said, “that the United | likely to be genero: There is no as to what disposition must be nership. It is felt that there is — utterly incongruous in a partnership oi this sort between governments so different in character, and, moreover, the relations growing out of such a partnership are such as to threaten .complica- tions. This, it is said, would of itself be sufficient reason for our not entering into such an arrangement as to the government of the Philippines. But aside from that the circumstances surrounding our capture of those islands, and, in fact, of our going to war with Spain, preoluide the possibility of our acknowledging the joint interest of any government with us in making a peace settlement. Such a recognition of the in- terest of any foreign power in our affairs would lead to entarglements which would probably seriously hamper us in the fu- ture, practically destroying our liberty of action, which it has been always a prin- ciple to insist upon and to maintain. 2 ANOTHER ST. LOUIS MURDER. Unprovoked Shooting Almost Ac- companied by a Lynching. ST. LOUIS, July 27.—A murder that al- most ended in a lynching has occurred at 3d and Biddle streets. Edward Kernedy, a railroad man, was passing a saloon and stopped on the sidewalk a moment. A ne- gro porter ordered him to.move on. Ken- nedy started slowly, which enrag2d the negro, who drew a revolver and snot Ken- nedy through the forehead. As he fell the negro ran. A mob gave chase. A police- Tan outfooted them, caught the negro, and held the crowd at bay with his: revol- ver till a patrol wagon was summoned. Kennedy was -placed in an ambulance, but it broke down, throwing the 4: into the street. He was quickly plac a dray and the journey continu died before the hospital was r > PEOPLE TITLED INVOLVED. Promoter Hooley’s | Reveln- Money Paid Directors. LONDON, J Phe public exami tion in the bankruptcy court today into the affairs of Mr. Ernest Terah Hooley, the company promoter, for whose property, on his own application, a receiver was -ap- pointed on July 23, attracted a big crow of people. The debtor attributed his fail- ure chiefly to his partner, a man named Rucker, crippling the business by drawing cut £7,000 within -two months. In detailing the: flotation ‘of the-Dunlop Tire Company, Mr. Hooley Said the names ep the directorate cost. between £80,000 and £100,000, including those of Lord ‘Aiber~ tarie, £12,500, and Lord De Ja Warr, 000. In connection . with Hooley also said he | these being ‘ English tions Abou Mr. £63,000 on “press the - flotation, intended for calls,” people conn apers,” Whose rames have not been divulged, though it is expected thoy will be made public later. In the course of his testimony Mr. Hooley detailed the payments he had made to newspap dirg, as alleged, the Pall Mall Gazette, the Financial Post and a number of smaller papers. When Mr. Hooley yas questioned about £10,000 paid to Harry Marks, editor of the ancial News, he denied that it was ideration of the insertion of ‘puffs’ the paper named. As a matter of fact, the suppe of the flotation of the Dunlop Tire Com- pany, amounting to. £1,700,000, had been “sweated” away to under £200,000, FIRED A POWDER FACTORY ed profit Disastrous Work of a Miscreant in the Pinole, California, Works. Five Men Killed and Many Others Fatally Injured—There Were Two Terrific Explosions. PINOLE, Cal., July 27.—At 1:40 o'clock this morning an explosion took place in the nitro-glycerine house of the Hercules Pow- der Company. No one was in the building at the time. Later a crew was sent to clear away the debris and extinguish the flames, and at o'clock a second terrific explosion tovk ce, killing five men and fatally injuring many others. The following is a list of the killed and wounded, so far as known: Killed—J. Palvarez, Herbert Stratton, Patrick Murphy, John Ashe. Wounded—W. Evans, Gus Sandal, Thomas Stout, Jos. L. Walton, M. Walsh, Robert Braghof, John O'Neill, J. B. Rice, John Brunton, K. B. Quinas and — Lucas It is believed that three of the injured will die. Some unknown miscreant caused the firs’ explosion. This fact has been definitely e: tablished by the finding of a piece of fuse, five feet long, under the mixing house. ne MARYLAND BAR ASSOCIATION, Third Annual Meeting at the Blue Mountain House. BLUE MOUNTAIN HOUSE, Md., July 27.—The third annual meeting of the Mary- land Bar Association began here today. After the annual address of the president, Robert R. Henderson of the Cumberland bar, a dozen applicants for membership were elected and were introduced, The re- mainder of the morning session was taken up with reports of the secretary and treas- urer. The meeting will continue with sessions morning and. afternoon until. tomorrow. Tomorrow night the annual banquet will be held. oe BISMARCK HAS INSOMNIA. He Has Been Confined to His Bed for Three Days. HAMBURG, July 27.—The - health of Prince Bismarck is again. causing his friends uneasiness. He has been confined to his bed for three days and suffers from insomnia. Besides his physician, Dr. Schweninger, Count Herbert and William Bismarck, with their wives, are now at Friendrichsruhe. eee AND SUBURBA Prospect of Beginning the Work of Exchanging the Motive Power. A meeting of the stockholders of the City and Suburban street railroad, formerly the Eckington, will be held tomorrow at the of- fice of the company in this city for the pur- pose of determining the amount of the stock to be issued and to attend to such other details as will_be necessary in order to complete legally the transfer of the vari- ous properties and the assumption by the company of the powers and rights con- ferred by the bill which became a law at the last session of Congress. After this meeting it is expected the affairs of the new company will be in such a shape legal- ly that the arrangements already made for a loan of over one million and a half dol- lars on the property of the company can be perfected and that the money will be at once available. This is the expectation of the president of the company, Mr. O. T. Crosby, and it Is also his intention, as soon as possible, to make the awards of contracts for doing the work and for furnishing the supplies that will be necessary in order to comply with the law. According to the provisions of the act, the motive power is to be changed on that section of the Hne within the limits of the city to the underground electric sys- tem, and the portion of the road which runs through Eckington and thence out Rhode Island avenue extended to the District bounds and on through Maryland to Ber- wyn to be equipped with the overhead elec- tric power. ciTyY —— Queen Lil’s Affliction. SAN FRANCISCO. Iniw 27.—The Post says Queen Lilfuokalani, who recently Jeft here for Honolulu, has been suffering from @ cancer over the right side of the neck, over the jugular vein, for many months, and that she can live but a short time. For indecent exposure last evening Le Bundy, colored, was today fined by Judge on #20 with the alternative of sixty days in jail. <s 2 BARAT Vite Beat YELLOW FEVER CASES There Are 500 in the Hospitals in Santiago de Cuba. THE SICK SOLDIERS NUMBER 2,000 Songo, a Small Town, Surrendered "to Cubans Under Castillo. A PETITION COMING HERE Special Cable Dispatch to The Evening Star. (Copyright, 1896.) 3 SANTIAGO DE CUBA, July 27.—A new field hospital will be established in the vi- einity of General Shafter’s headquarters, near the trenches. ‘i The surgeon general says that there are; roughly, 2,000 cases of fever, 500 of which are of yellow fevér. Col. Watson, commissariat, has been ap- pointed chief of:the custom house. The dispute ' between Rear Sampson and General Shafter, the prizes in Santidgo harbor, Settled in favor of General Shafter. The four merchantmen and the gunboat, it 18 decided, were included in the Capitulation of the city, and are military prizes. Col. Howard of the 8th Ohio, dissatisfiva with inaction at Santiago, has* cabled té President McKinley, asking that"his corps be'put into active service in Porto Rico cf ordered home. = Surrendered to the Cubans, : At Songo, a small town eighteen miles from Santiago, on the railway line, a Span- ish garrison of fifty men, commanded ‘by Captain Carvabal, surrendered yesterday on, being informed of the capitulation. of General, Toral. The surrender was made ta the ns, and Genéral Castillo’s men will occupy the, town. Dr...Jcacquin Castillo leaves in a few days for Washington with a petition by the Cuban residents of Santiago, regarding the exclusion of the Cuban army from the town. : ; Gen. Wood today issued orders prohibit- ing the collection of,,a municipal tax. The lccal Spanish authorities were collecting a tax on merchants’ goods for consump- tion, also a small tex on packages. The lecal board fer harbor improvement pur- peses had intimated to the civil governor that no taxes had been authorized. Sanitary Regulations. General Shafter has issued a proclama- tion ordering every householder to imme- diately report to the mayor or military governor any death occurring in his house- hold, a peralty for failure being fixed at thirty days’ hard labor in the streets. All policemen are ordered to report cases of malignant diseases in their district, and all insanitary conditions. Bakers will be allowed to charge only 20 cents, Spanish, for a pound loaf of bread. This is made necessary by the famine prices which are charged for bread. Many cargoes of flour have come in, making ex- cessive charges unnecessary. The Spanish storekeepers still United States silver fifty per cent. refuse to take it at all. es SAILED FOR SANTIAGO. discount Some Olivette Carries $770,000, Delicacies, Doctors and Nurses. NEW YORK, July 27.—Th2 United States transport Olivette sailed for Santiago to- day. In her safes was $770,000 with which to pay the soldiers, and she had on board a@ cargo of deiicacies for the sick and wounded. She also carried a corps of doctors and nurses, among whom were twenty negro women nurses and one negro physician. Most of the nurses were from New Or- leans and were immunes. They were sup- plied by the Daughters of the American Revolution. An outtit. for a 1,000-bed hos- pital was carried by the ship. Mest of the officers on board were sec- ond heutenants taken from civil life, who had passed an examination at Fort Mon- hospital ship Solace will sail from the navy yard, Brooklyn, next Saturday. he repairs to her machinery and im- provements to her ice plant are almost completed. Stores and suppiles are being put abcard in large quantities for <.stribu- tion among the ships of the North At- lautic squadron. Tne converted yacht cua‘ing, left the navy surac her place among boats. The battle ship Texas 1s expected to ar- rive next Saturday, and the work of clear- ing away the’ cofferdam is being hurried in order to have the dock ready to receive the ‘war vessel when she gets aere. pairs eres OF THE “FIGHTING NINTH.” Th Free Lancc, after yard today to re- the harbor defense Lieut. Wood Arrives With a Frac- tured Jaw and Teeth Missing. Lieut. W. 8S. Wood, adjutant of the 9th Cavalry, was a visitor at the War Depart- ment this morning, and had an interesting interview with Secretary Alger and Ad- jutant General Corbin. The 9th~ Cavalry, which is a colored regiment, rendered con- spicuously gallant service during the fierce fighting around Santiago on the first and second instant. While leading his forces in a valiant dash against the enemy's ‘en- trenchments, Lieut. Wood was disabled by a Mauser bullet, which passed through his lower jaw and lodged in his shoulder. The bullet fractured his lower jaw and carried away a number of his teeth, besides badly shattering the remainder, He was brought to this ccuntry on one of the hospital ships, and was in the -hands of a prominent dentist this morning for the purpose of heving his jaws repaired so as to enable him to masticate his food. ‘ The question having been submitted to the surgeon general of the army that offi- cial has decided that the expense attend- ing the necessary dental operations is a legitimate claim against the government. This action is based on the general policy of the government of providing artificial limbs to soldiers who have lost such mem- bers as a result of wounds in battle. ———— AN EFFICIENT ORGANIZER. Renomination of Representative Bab- cock is Being Contested. “Considerable interest is manifested in re- publican political circles here over the con- test in the third Wisconsin district for the congressional nomination,” said a republi- can politician today. “Representative Bab- cock, whose renomination is being con- tested, is looked upon, next to Senator Hanna, as one of the most efficient men in the ranks of the republicans. His success- ful conduct of the past two great congres- sional campaigns has given him a standing in the party. He has the confidence of the party throughout the United States, and his remarkablé work has been publicly ac-" knowledged by President Mciinley.. If the report that Senator Hanna doex not care to take the national chairmanship again in 1900 should prove true [ believe that the party leaders would call upon Representa- live Babcock to carry-on the next national campaign. 3 : WHAT. SPAiN:=SHOULD DO Saat Mees $5 pie Nogotiations for bind a An Armistice Likely to Be Asked— Exceptipy Taken to Mr. Sherman’s Remark. =3 “I suppose the next step Spain will take,” said Senator Mesyan to a Star reporter today, “‘will be to ask for an armistice until the United States has stated the terms upon which it AR willing to accept the sur- rerder of Spafn. far as Spain has gone now is to ask the President whether he is willing to have peace. He says he is. ‘Well, upon what-terms are you willing to have..peace%, Spatnzasks. The President says he has not-congidered that sufficiently to give an answer,..S0 it 1s expected, of course, the President will at some time or other. make an ayswer to that interrogatory as to what terms he.will.be willing. to ac- cept = a: tay ot = “Of course the next step willbe to ask an armistice until -hesdetermines what he. is willing to. do.. If,the:President»grants that request # stops .mijitary operations where they:are. until-he makes a proposition to Spain.for-settlement. “That wovld be a very unfortunate situa- tion, and k.think the President. will not give any attention..tp. such a proposition if it should pe. made to-him. It is the duty of Spain, if. she.wants to make peace, and that means, if she wants to surrender, to ask terms of. the. United States and state what she will be, willing to accept.. That 1s her qut¥, 3. “Ihave no information as .to: the opin- ions of the ,President on the subject of the terms thatthe United States ought to be willing to accept, but it is my judg- ment that Spain, having lost the control of her colonies-first because of her incom- petenee aS a gayerning power, and, next, incompetence to defend or hold them, the United .States,,pught to accept nothing from Spain except a full and complete sur- render of the spvereignty of. al]. of these islands,,-from Porte Rico to. the Philip- pines. To maker,a..treaty with Spain to which Cuba beeomes-a party by being an agent inthe negotiation of the treaty or being provided. for inthe terms of the treaty itself will lead to embarrassment and complications in, the future. “The government of the United States intends to treat Cuba properly and accord- ing to the declarations that have been made publicly and solemnly by the Pres dent and by-Congress, and neither Cuba nor Spain nor any. other power in the world has any .Mght to prescribe terms upon- which we» shall accept sovereignty of Cuba from-Spain. If-sovereignty of the territory of all these Islands is passed to the United States the world will see that we have not had any selfish motives in the part we have taken in the war. Caaneief the War. “I notice,” Qontinged. Mr. Morgan, “Mr. Sherman, recemtiytiBecretary of State, is quoted as saying the United States in this war has beenathe;mggressor. That propo- sition is utterlypand entirety untenable. I hope Mr. Sherman.has- not said that, but, if he has, I take: issue with him upon the statement. The, United States had very good cause fox bemg the aggressor, but forbore to take the initiative until.it_ was manifest Spain intgnded to compel us to | fight. Bbiee “If the war,in Cuba had gone on in the same way it was being conducted by Wey- ler and Blanca,and in the same disregard to all the claims of humanity, the United States governnient wowld necessarily have been drawn info it!’ even if the Maine had not been destroyéd by Spanish malice. The destruction’ of the ‘Maine was only the climax in ‘d''series of ‘events which, at a very early date, would have compelled a collision between Spain and the United States. Now ih‘ all of those events no charge of bad fafth or inhumanity toward Spain has ever been Suggested by eny cre. The record of the United Stazes during the pericd of the present revolution. in“ Cuba has been free from ‘all partiality between the belligerents, except that we have used all of the powers of the government ef the United States in good faitn to restrain the natural anxiety and :ndig: ion of her own people aroused by the brutal and inhuman conduet of the Spanish government. Not Progréssed Far Knough. “The war has rot yet progressed to that stage in which the people of Spain, or even’ the Spaniards of Cuba, have realized the fect that the United’ States has power to suppress that “govérhment utterly if it should choose todo so. If Spain cannot see now that ‘Hér hbld upon her colonies In the East and We8t Irdies is absolutely de- stroyed it is difficult’ to anticipate how much more 9f the hardship of warfare will have to be visited upon them before they can b> brougat to a proper sense of their situaticn.” : Se RELEASE OF VESSEL ASKED. Request From French Embassy Re- warding the Roderigues. The French embassy has called the at- tention of the State Department to the cir- cumstances connected with the seizure of the French merchant steamship Olide Rod- eriguez off Porto»Rico, and has requested the immediate release.of that steamer. This action. was taken simultaneously with a protest from the French Transatlantic Steamship Company against the seizure. Today the State Department submitted all the papers im, the case to the Depart- ment of Justice with a view of getting an opinion on thé legal questions involved in the seizure. Mr. Edward K. Jones of New~ York is here in behalf of the owners of the steam- ship, and was in conference today with the authorities of the State Department and Department of Justice. The grounds of the representations by the embassy are that the Roderiguez was engaged in ordinary mercantile pursuits at the time, she was captured by a United States Warship and taken fer out of course to Charleston, 8. C., Where s! ffow detained, to the great Inconveniefee and loss, it“ts said, of her owners and ypassengers. It” appears also that she ard the official mail of the Frencl vernment destined to the French ministeA dt Port au Princé, It is said tl er manifest clearly es- tablishes that was not intending to enter the blocks Dort, and that her destination was; fo "@ neutral port. The representations also show that she was in the open sea, nine miles off the block- aded coast at \he time of her seizure. The representations of the French embassy are those usually de in behalf of French and thie is no disposition at nt to regard them as inquiry with a view to getting at the ts of the case, and remedying them if g00d grounds are made against the capture. HAVE REINFORCED MILES, _ Gen, Wilson’s Brigades Have Reached Guanica. It is said at the War Department this afternoon that General ieee which sailed from Charlest¢ ago, have reinforced in Porto Rico by time. Genera! Brooke's troops will leave Newport News this afternoon. bo: 3 ’ Spain Lights Her Lamps Again, MADRID, July 27, 10 am—The Spanish authorities have decided to reilltiminate STAR, WEDNESDAY, JULY 27, 1898-12 PAGES, MR.BRYAN’SRESPONSE Files an Affidavit in Case Involving Telephone Rates. ADDRESS BY COUNSEL FOR COMPANY Claim That Provision of Law A\ fects Official Service Only. RATES IN OTHER CITIES The telephone hearing before Justice Hag- ner in Equity Court No. 1 was resumed shortly after 10 o'clock this morning. The suit on trial is that of J. F. Manning & Co., who seek an injunction against the Chesa- peake and Potomac Telephone Company to restrain the removal of their “phone and also restraining the company from charging a fate of rental in excess of the $50 maxi- mum fixed by act of Congress approved June 30 last: Mr. A. H. Hoehling of counsel for’ the telephone company opened the morning’s proceedings by reading an affidavit from Samuel M. Bryan, president of the Chesa- peake and Potomaé company, in answer to the affidavit submitted yesterday by Mr. Birney, giving the result of the telephone investigation by Congress. Mr. Bryan's affidavit declares that the amendment to the appropriation bill fixing the rate for telephones was passed by the House of Representatives without any investigation of the matter whatever. The conference committee was not called upon to deal with the questior, as both houses of Congress were of one accord. They arbitrarily fixed he rates. The congressional committee, he never completed its work. set forth that the defendant com- pany’s predecessor in the District of Co- lumbia was the National Capital Telephone Company, a licensee of the American Bell Telephone Company. The rights of the } tional Capital Company were assigned to the Chesapeake and Potomac Company. It is admitted that the capital of the local company is $2,650,000 and that $750,000. of this amount represents the plant in Wash- ington, the remainder representing the com- pany’s interest in Maryland and part of West Virginia. It is admitted, also, that the National Capital Company expended only $77,284.93 in corstructing the Wash- ington plant. It expended all its income, however, for four years in perfecting and developing its plant. Seven hundred and fifty thousand dollars of the Chesapeake and Potomac Company's stock was paid to the National Capital Company for the interest it held in the District of Columbt: When the Chesapeake and Potomac Com- pany secured the franchise the system was nearly all overhead wires, whereas since that time the company has been com- pelled to place a greater part of them un- derground. Amount Paid in Dividencs. It is shown that about $340,000 has been paid in dividends by the Chesapeake and Potomaz Compeny in the last fourteen years, an averzge of 2.978 per cent a year. Dividends in 1897 were four per cent. In railroad and menufacturing corpora- ticns Mr. Bryan declares that the best au- thorities on the svbject agree that to meet exigencies and to keep the nant in good cendition :o1servative mi agement re- quires that the earnirgs ©} \!! exes d the actual expenses iy from © ¥5 per cent. He further says thai the 2-counts of th telephone company for {t= lusimess | District of Columbia show iness for the last six year: anything like such percent. in excess of the actual expenses of conduct ng its bus- iness. A table of the charges for "phones in York, Brooklyn, Chicago and other arge cities was submitted, showing the average to be in excess of the rates charged at present in Washington. - Mr. Hempaill of counsel for the plaintiffs said that in these cities there was no com- petition to :-he Bell company. The salaries paid by the company to its officers were shown as follows: President, vice pres- ident and general manager, Mr. Bryan, $8,000; treasurer, $3,000; secretary and pur- chasing agent, $2,100; auditor, $1,500—a to- tal of $14,600. Mr. Bryan declares that during the years 1892, '93, "04 and '96 if all the telephones in use had been paid for at the rate of $50 per annum the revenue derived therefrom would not have been equai to the actual expenses necessary to supply the service. In conclusion, he said it was not true that by increasing the number of telephones ih cost to the compary of each telephone is diminished; on the contrary, as the number of telephones increases the cost of each telephcne and supplying the service is in- creased. Argument by Defense. After concluding the reading of the affi- davit, Mr. Hoehlitg proceeded with his argument. He claimed that the act of Cengress was unjust, in that it did not dis- criminate between the man who would use his telephone 15,000 times a year and the one who would perhaps not have 300 calls during the same period. The present rates of the company are so arranged that the subscribers pay according to the amount of service rendered. Mr. Hoehling here made the point that the petitioner in the Manning case, as well as in all others asking for injunction,bad no right to bring such suits. In each case, as shown in the declarations, the contract with the telephone company had been ex- pressly brought to a termination. This being so, the complainants became non- subscribers, and had no more rights than the person who had never been a sub- scriber or had telephone service. They have no rights to be deprived of, an@ there is absolutely nothing to enjoin. They were asking the ccmpany to furnish them ser- vive at the new rates, and their only course of action should be through mandamus proceedings. Proviso Limited in Scope. Mr. Hoebling, continuing, said that the $50 rate was fixed in a proviso attached to @ paragraph in the District appropriation bill, appropriating $11,500 for telephonic supplies and service for the District cf Co- lumbia government. Under authorities on interpretation of statutes, this proviso was limited in scope and effect to the foregoing subject-matter. It was simply a limitation of the application of the appropriation for telephone service furnished the District of Columbia, and does not under any circtm- stances apply to business and private tel- phones. and service. ae In response to interrogatories from Jus- tice Hagner, Mr. Hoehling declared that the only beneficiary under the limitation of telephonic rental charges is the District of Columbia, and-that in the absence of other provisions the United States government would necessarily have to pay for ‘phones at the rate: prescribed by the company. He then quoted the Constitution of the United States, showing that no man shall be de- prived of his property without cause and compensation. It is claimed by the com- -pany that it would be ruined by an en- forcement of the $50 law, and that its Property would be practically confiscated. Attorney Wilson Follows. Mr. Jere M. Wilson of counsel for the telephone company, followed: Mr. Hoehling He took the ground, in opening, that the complainants were-not properly in court because it is not alleged that the rate fixed by Congress is a reasonable one. He said that the evidence adduced in court shows conclusively that the company can- not furnish the service required of iat the rate fixed by law. The complainants, he declared, are trying to coerce the company, | through an order of the. court, to supply a service, the it oF which would be in ex- Yess of the revenue derived. The affairs of the company, he~said, had been was orde) Mr. Arfiur Peter, who is assoclated with Mr, J. J. Hemphill, and is interested in the case on trial, was in court this morning. ‘The court met at 1:30 o'clock. Mr. Wilson, resuming nis argument, said: “They are compensation. It is against all law for a court to compel any persoy or corporation to do this. To make this company furnish service at the rate prescribed in the new law would be a confiscation of property and a violation of the constitution.” Mr. Wilson reiterated the contention made by the company, that the $0 rate applies only to telephone service that is rendered the District of Columbia govern- ment. For the Defense. Mr. J. J. Hemphill then began the clos- ing argument on behalf of the complain- arts. He sald that he and his associates were not in court to make the telephone company furnish a service that they can- not do with profit. “But,” he said, “we are here as citizens of the District of Colum- bia, to say that we want a statute of the United States enforced.” Mr. Hemphill declared that the telephone company was doing business here as a “squatter,” or through the courtesy of Congress. Now, just as soon as this body, that allows them to exist, fixes a rate they ere to charge, they come into court and ask that. the law be declared illegal. “We are not here, your honor,” continued the attorney, “‘to ask anything extraordi- nary. We’ simply want a plain written statute enforced. Now, our friends come here and want this statute set aside on the affidavits of the officers and employes of the company Interested. There has not beea a scintilla of evidence introduced here from a disinterested party. They think this should be considered,sufficient to justify the court to,declare this whole statute abso- lutely ‘unconstitutional. Who can prevent Mr. Bryan, this three-fold offi¢er, drawing three salaries, from coming here and swear- ing that his company cannot furnish the service at the rate prescribed by law In answer to the contention made that the complainants could not ask for an in- junction for the reason that their contracts had been terminated, Mr. Hemphill said that the suits were brought before thos contracts’ expired, before the telephones had been removed. and, therefore, the com- plainants had something to be deprived of. He said the contention that the new rates apply only to telephones: furnished the District of Columbia is ridiculous. No one would say that Congress undertook a long and e. on into the tele- phone n what the Dis- trict of Columbia should pay for its twenty- five "phon The f: that Congress or- dered this investigation, he said, is con- clusive proof that the law was intended cover the entire telephone business in the District of Columbia. It is, impossible to construe the language of the statute so as to make it refer only to what the District government shall pay for its telephone servic The Constitutional Question. Mr. Hemphill said that in cases where a statute was attacked as unconstitutional the court always allowed a cross-examina- tion, which could not be had in this as all the evidence had been adduced in the form of affidavits. A discussion arose between Messr: Hemphill and Wilson as to the capitalizz tion, bonded indebtedness and “watered stocl Justice Hagner declared that this was not to the point. Mr. Hemphill said there is not a case en record where the court has refused to en- force a statute on the ex parte statement of the people interested. If the injunctions ere granted as asked the complainants are ready to give bond to pay the company at their own rates should the law later be de- clared unconstitutional. If the injunctions are not granted, then, for the first time in the history of the United States, a statute must be set aside on the single statement of the parties interested. The case closed at 2:45 p.m., Justice Hagner reserving his decision. —_— THE BOARD OF ASSESSORS Friends of the Several Aspirants for Appoint- ments Being Heard. Mr. Alexander McKenzie Mentioned Favorably Today—Mr. Bryan a Probability. While no additional applications were re- ceived by the District Commissioners today from persons desiring appointment as members of the board of permanent as- sistant assessors, a delegation of colored men called in behalf of Mr. Daniel Murray, colored, who desires to become a member of the board. The delegation consisted of Rey. J. A. Taylor, Rev. Bishop Johnson, Rev. D.« E. Wiseman, Rev. L L. Thomas and Messrs. Eugene Brooks, John Craig, Alfred B. Cosey and Samuel Lee. Mr. Taylor and Mr. Johnson told the Commis- sioners that the appointment of Mr. Mur- ray would be very pieasing to the colored people of the District, as he is a man who enjoys: not only their respect and conti- dence, but also that of the white popula- tion. The appointment of Mr. Murray, they ex- Piained, is not desired because of the sal- ary, fcr he now holds an important posi- tion and is a man of property. But they believed that a colored man shoull be appointed to the board, and they suggested bim as the representative man of their race. The Commissioners listened atten- tively to all that was said of Mr. Murray, and promised to give his application very careful consideration, Mr. Alexander McKenzie, the deputy au- ditor of the District, and one who has been associated with the District govern- ment since the days of the old iegislative assembiy, was today very prominently mentioned for a place on the board. Mr. McKerzie's friends claim that no better qualified man could be selected, and it is said the Commissioners think very fa- vorably of him. The same is true of Mr. W. B. Bryan, who, while he has not applied for appointment, will be most strongly backed for appointment because of his high quali- fications and long experience in business matters and real estate values. By those who claim to know it is said Mr. Bryan is quite sure of appointment. The present members of the board— Messrs. Bates, Morsell and Johnson—are being urged for reappointment by many peuple, and today Mr. John Joy Edson pre- senied a petition, signed by the members of the board of trade committee on taxa- tion and assessments, praying for the re- appointment of fhe present board. While the terms of the board expire the 16th of the month, they will serve until their suc- cessers are appointed and qualify, and for that reason it may be that the Commis- sioners will not unnecessarily hurry them- selves in considering the matter of mak- ing changes in the personnel of the board. a Grain, Provisions aud Cotton Markets. Furnished by W. B. Hibbs & Co., bankers and brokers, 1427 F st., members New York stock exchange, correspondents Messrs. Ladenburg, Thalmann & Co., New York. GRAIN, : ax “oe 33% . 34 wy Low. Close. 927 «8.37 5.35 5.37 5.60 «(5.50 5.32 6.37 Low. Close. 5.80 5.88 5.83 5.90 6.37 Soe 5.91 5.93 Government Bonds. Bid. Asked. 2 id woes, 4 i 12 4 110. Spey 4 cents, covpon af 1625 . 126% 127 4 cents, reg stered of 1925. ‘125 126: 5 per cents, coupen of i904. £ ik 5 teced of 19 1 112% _ ary 104% 1044 Germany’s Claim. _ LONDON, July 27.—The Berlin spondent of the Times says: “The Cologne Gazette, in an article evi- FINANCE AND TRADE PRICE YIELDED UNDER PRESSURE Another Reason Than the War for Current Fluctuations. GENERAL MARKET REPORT Special Dispatch to The Evening Star. NEW YORK, July 27.—Opening prices this morning reflected considerable irr=gularity and showed conclusively that something beyond the progress of the war is charges able with current fluctuations. ~There has always been a considerabls fole lowing in financial circles who have held to the theory that an actual tri aty of peace would be the signal for re sales. ‘This theory was in part this morning, but the sellers today are willing to buy doubie the quanti of their a certainty. fractional: arply to sales once activity become London's first prices w regular, but improved sh close of business on the favorable tation of § titude. The professional element was disp sell stocks about the room on the the ir- vard the interpre- 1 to that prices were too high for the breadth of the market. A small clique of the more influential traders openiy offered prices down, but, except in the specialties, no sub- stant 1 concessions were record. a. American Sugar was a disturbing factor throughout the day, Brokers for the recognized manip. interest in thése sh: im posetinery meee om around yesterday's final figures, but f ing a fair demgnd for ail offerin tributed to an adv of 2 per cent from the low openinglevel. Ai i4i-a lberal Supply of long stock was freely offered, the price yieldiug under pressure of the de. mand. A 3 per cent decline from the hi ein wa accomplish by liberal se eare ft : prominent intere: The company fs re- Ported to be considering the estublishment of refineries in certain of the new territe rial possessions, and this outlay of funie is by some used against the price of the stock The in lead of Sug, rial list generally followe3 the r to some extent. Among the evidence in either ction. indifferently around but there was no ntial accumulation railway issues there was little a a inet movement S were supporte night's final figur indication of any substar of securiti __The professional character of the market is the one obstacle to improvement. but this will in time succumb to the steadily increasing evidences of prosperity. At frequent intervals of the day there were momentary evidences of a desire to buy Union Pacific, Northern Pacific and Atchison. The preferred stocks of th roads were especially in demand on these occasions, but the weakness im sugar e ear led 3 gn abandonment of the purchasing. The ‘operty last named was particularly wea during the final hour. tee arge blocks of the new govern 3 i je ment 3's were bought around 104 1-5 and 104 1- and the impression prevails that a specu~ lative supply must. b. exh y e exhausted befo ‘the price ean improve. ste i ee FINANCIAL AND COMMERCIAL. New York Stock Market. Open. High. Low. Close. American Spirits. 12 lly ty is American Spirits, pfd. Big By BS 8B American Sugar. 139% 14.16 American Sugar, pfd... 114 1g 4” iia American Tobacco. WY ee IB0K 120K 133 BRB ik Atenison, pta 3545 BOB Ba « la le M4 i Brookisn R. Transit. se an ee ae Canada Southera 54 53% But, Bay “Rie “22% “bay 8 2 2 ry a - 106%, rs 106 106; ONutuwestern: Iie ise ioe Is go Gan.. 195 By CM. & St. Paul 7%, 100 Chic St. P., M.& 0 |" S58 Chicago, Ki. & Pacuic 96% 96; Chig. & G Western. ee ee Consolidated Gas 199 199, Del. Lack a W 158158 Deieware & mudaoi 3 ben & Kt @rande, pra 5X “Baal ee meee one. 133g By ene: jectrie. By BIR Ubnois Centra 109” 109 Lake suore. o<s 280 iw 190 190 Louisviie & Nashvuie S454 BBR BB Metropolitan Tractio Manaatia evated. Michigan Cencrai.. Minsonri Pacific. . Nationa! Lead Go. New Jersey Centra New York Centra: Northern raciac. Northern Pacific, pi Ont. & Western Westerm Union tei. Washington Stock Exchange. Sales—regular call—12 bi Loan and Trust, 7 at 12 6%. Capital ‘Traction, £ a 73%; 50 at 73% Meigenthaler Linotype, 178; 10 at 178%; 10 at 179. Amerk 2 Urapho- phone, 40 at 13%. 3.658, fundiug, cur- District of Coumbia Bonds. reney, 115 bid. Miscellaneous Bonds. 116 bid. Metropolitan 1 Metropolitan Kal cad A, 114 bid. ropolitan iailro, indebtedness, B, 19 bid. ‘ 120 bid. Beit Katlroad 5s, 5 tngton Ratload 6s, 100 bid. pany 6s, series A, 112 bid bany 6s, series B, 112 bid. debenture imp., 95 bid. Chesap Metre tan Raslroad Ga, Telepbane Ss, "103 bid. Amerie ‘Trust 5s, 100 tnd. Washingion Mn Cou Ist Ga, 110 bid. Washingt ret Company imp. 63, 110 bid. Washi Company ext. €8, 110 bid. Masinic ion Ss, 107 Mid. Woshi:gt mn Light in WS asked ational Bank Stocks. — 285, . Metropolitan, 3.5 bid. Ceniral, 140 bid) 153 sked. Fa:mers a” Mechauies’, 180 bid. Second, 140 bid. Citizens’ 140 bid, Golumbia, 131 bid. West End, 87 bid, 95 asked. 87 bid, 13 asked. Lincoln, 112 wid, 118 wf Washi asked. Safe Deposit and Trust Safe Deposit and Trus’, in ‘National » ® yt Loan and Trest. x126 bid. American Sccarity and , 155 asked. Washington Safe De- rence Stocks.—Firmeu's, 26 bid. Mh % bid. Metropolitan, 7 bid. Corcstan, SO wat. Potomac, 05 bid. Arlington. 122 bid, 145 asked. German-American, 185 bid. National Union, 9 bid. 12 asked. Columbia, 10 bid, 13 asked. Ri ™!% 3 bid. Lincomn, “tle Tneurans "Stocher—Real it | Stocks. fetate ‘TH! bia Coluasba Title, 4% bid. District ‘hae, Sat Railroad Stocks. —Capitel ‘Traction, 73% bid, 74 asked. Metrop litan, 120 bid, 128 asked. Goi ve ae cai 4, 128 Colum- ‘as cud Elect it Stocks.—Washington Gas, x47%4 bid, 48 asked Georgetown Gas, . oO: ee tigi an, 48 bid. U. tocks.—Chsapeake and Potomac. bid, f asked. Penosyleantu 28 bide denned ss Miscellaneous Stocks. — Mergeuthaler Linotype. 179 bid, 179% asked. Lansi.n ‘Monotype, 15% bid, 16% asked. “Ameriecn Grapbopbone, 12% bd: 13% asked. American Graphophons preferred, 13% hd Pueumatic Gun Carriag>, 29 bid, .42 asked. Wash- Pulls Ice, 110 bid, ion Market, 10 bid. ‘Great Washingwon Steamboat. asked. Norfolk and 195 arked. xEx. div. Baltimore Markets. BALTIMORE, July 27.—Flour dali western $2.80088.05; do. ‘eo