Evening Star Newspaper, August 4, 1898, Page 3

THE EVENING STAR, THURSDAY, ’ AUGUST 4, 1898-4140" PAGES.” — PECIAL NOTICES. ROLE TOMORROW 2 pan. itt SPIRITUALISM. — TEST (Friday). 402 A st. e., ir T never disappoint.” Attractive printed matter never falls to secure at tention and confidence. ‘The business man of teday cannot aff the importance of ha his printing done he Quick, expert — attention given every order. Bids free. RYRON S. ADAMS, “Prompt Printer,” 512 11th st. aud-l4d Get a Pole and let your fiag fly from your buflding. We'll ma 8 ft tn proportion. AW. ‘Phone 217. fe the pol or 150 ft. 50 cents or MITH, Ist and Ind. ave. Globe: Printing Office. Throwing Away [loney. - Might as well do that as to employ a poor pri i loses Its effectiveness when poorl; We'd like to show you our fied we t do apything but good work. Hartman & Cadick, 1001 F. ave anything.” je16-3m-14 Print “We print and em IPS ABOUT IT—WE SIMPLY FIT YOU REBCTLY —or ptm J. FRED. TCHEL & CO.. Tailors, 604 13th st. E. F. MUDD, cutter, Is now with w THE UNDERSIGNED, HARDWARE a mse our respective EST & CO., . 11th and 416 9th st. SONS. 1207 F st. GO, 1763 Pa. ave. Je30-Law IN THE STATIONERY LINE AT VERY LOWEST PRIC! EASTON & RUPP, ent-140 TT bo MORE FOR MORE S$ MEN-WHO ERLATIVE WORK. 506 1WTH ST. A Itttle das! rye In your selt refreshing is at summer tien. $1.00 of pu or or Be soda Cools You. $y30-10a S12 F THORP, st. TRON FE We «re now ws6-tt Cooler Weather Promised for Tomor- row Morning. day—For the Dis- Maryland and Virginia, fair; to nort. Weather condi and general forec - which developed morning has ssippi valley, in- magnitude, and cool north to nds from this high area have 1 temperature in the lower ion and Ohio and Mississippi ve sing in porthwest ¥ m_ has moved from lower Michi- n to aint Lawrence valley and has ed thunder showers and light rain in all districts east of the Mississippi river. A second storm has moved from the north of Montana to Manitoba, and southerly winds, blowing into this storm, have caused a de- cided rise in temperature from the Missouri Valley to the Rocky mountains. Showers may be expected in New Eng- nd. followed by fair Friday; generally r in all other dis:ricts from the lower lakes, the Ohio and lower Mississippi val- leys to the Atlantic coast, and in the west reported during the past twen- Auanta, Montgomery ns, 1.06; Binghamton, 118 Roekliffe, 2.14; F ; Eufaula, Ala., Union Springs, 10; Gainesville Newman, (€ Meridian, Mi: homasville, Ala., Columbu: ; Griffin, Ga. 1.68; West Point, Ga Albany, Ga., Condition of the Water. Temperature and condition of water at 8 € at F; temperature, receiving reservoir, dition at north connect at south connection, rvoir, temperatu ent gate house, ; effluent gate house, Tide Table. Today—Low tide, 3:39 a.m. and 4:00 p.m.; nd ings of the bureau for the at 4 p.m. yes- » 86; mid- ;$a.m., $0. re the readings of the weather bureau for the hours, beginning at 4 INDEX TO ADVERTISEMENTS, ACCOUNTANTS 4 ATTORNEYS AUCTION SALES AMUSEMEN 10 BUSINESS C1 cut ie cIry ireMs COMMISSIONE DEA Eure EXC FINANCIA FOREIGN POSTAL SERVICE i EXCHANGE FOR FOR For For FOR For FOR FOR s «Hi FOR SALE (Miscelianeons! 1K AND VEHICL: LADIES” GOOD: Local MENTION LOST AND FOUND. MEDICAL..... MEN'S GOODS ee tinto unt daen MONEY WANTED AND TO LOAN. DCEAN TRAVEL oe Z NOTICES... E (Bicycles) FED (Situations). WANTED (Rooms). 4 | whatev TEMPORARY DECREE Justice- Hagner Grants Injunction Against C. and P, Telephone Co. CONSTITUTIONALITY OF THE NEW LAW Case to Be Further Heard Upon All Its Phases. TEXT OF THE OPINION —— Justice Hagner today rendered a decision in the telephone controversy, holding that from the evidence submitted he could not declare the law fixing the maximum rate of rental for telephones in the District of Columbia at $50 a year unconstitutional, and decreeing that a temporary injunction requiring the company to furnish service at the specified rate be granted until a final hearing can be had, when every phase of the case will be more fully gone into. The case on trial was a test one, brought in the me of James F. Manning & Co., who have been subseribers to the local com- pany for a number of years. Under the provision of the District appropriation bill the rate of $0 a year was fixed. Shortly after the enactment of this law the com- plainants filed notice of a termination of their contract, which called for $125 a year, and gave further notice that they desired to retain the ‘phone at the new rate. They tendered ) in payment for the first ter’s rent, but this was refused by the company and notice served that the tele- phone wculd be removed. It was to re- strain this removal and to compel the com- pary to furnish service so long as the com- plainants continued to pay the $12.50 a quarter, or $0 a year. Quite a number of attorneys and others interested in the case were present at noou in Equity Court 1 when Justice H ner arrived. Me Birney and Hemphill, of counsel for the telephone subscribe! and Mr. Hoehling, sociated with Mr. J. M i ng the tele- phone co. 5 seated around the tables, awaiting the first words of th: Judge Hagner’s Ruling. After reviewing the complainants’ bil! and the defendant's answer, Justice Hag- ni d: he first objection made by the defen ant to the granting of the restraining ort that the complainants after their of Ju no long ion of coi with the having claim which ed in equity; but that w no- r stood in the eefendan could comp be enfe injury to cting nts, of the contract re of the service, never in- to abandon the use of but claim the right to use it at the rates established by the statute. ‘The first notice only expressed the desire of the comp! s to terminate the cont Bt of July i, ten days after the notic should be received by the defendant. The company in its reply of the 5th acknowi- edged it received the notice on the 4th, and contented itself with saying the telephone would be removed on the 14th and a bill sent for the amount due to that date. “In the compiainants’ answer of the 12th ef July, before the expiration of the ten they declared their purpose to retain elephone, but at the rate fixed by the act of Congress, and tendered payment at that rate for the first quarter in advance. ‘This explained that they still considered themsel s in relations of contract with the defendant, and that they desired the existing contract to continue in force in every particular except as to the new price of the service, which had been fixed by the act of June 30, 1898. The Defendant's Proposition. "The defendant's letter of the 13th, while Stating they could not furnish the service at the new rates, because they were insuf- ficient, added they ‘would be pleased to con- tinue to furnish you (the complainants) service at the rate and in accordance with the conditions named in your present con- tract or to furnish you any other service it is able te supply at the rates and under the Roar it has established for such ser- vices.’ “On the lith, and before the expiration of the ten days after the company had re- ceived the first notice, the complainants a their bill, while the original contract still remained in force. jection untenable. It is next objected that the claus? es- lishing the new rates, even if valid, has no application to any individual desiring telephone service, but applies only to such service as may be rendered for the public to the District of Columbia, for this service I consider this ob- | rendered to said District for fire alarm, po- lice ard otner ‘purposes. “In support of this contention it is pointed out that the clause appears at the end of the subdivision in the District appropria- tion bill, under the head lines “Telegraph and Telephone Service,’ making appropria- tion for that service in these words: Provision of Law. “Previded, That from and after the pas- sage of this act it shall be unlawful for any person or any telephone company do- ing business in the District of Cotumbia to charge or receive more than $50 per annum for the use of a telephone on a separate wire; $40 for each telephone, there being not mcre than two on a wire: $30 for each: telephone, there being not more than three on a wire, and $25 fer each telephone, there being fcur or more on the same wire.” “And it is insisted that the clause must therefore be construed as only a proviso to the clause of which it forms part. ap- propriating money for telephone service rendered for the District; and that by the proper rules of constriction its op2ra- tion should be confined te what immedi: ly precedes it, unless the con‘rary clear’ ®ppears, and should be construed with the section with which it is connected. “These general principles are to be found laid down in these worés in the author- ities, and in proper cases are applicable. Not Within the Rule “But in the view of the character and form of the appropriation bill before us, I do not consider the clause as within these rules. In Dwarris on Statutes 118 it is said a pro- viso is something engrafted upon a preced- ing enactment, and is legitimately used for * purpose of taking special cases out of general enactments, and providing spe- ially for them. In its abuse it contains 1 urcennected matters and disposes of er is incapable of combination with the rest of any clause. The his cf the legislation of Congress, with res to the general appropriation bi 2 especially those relating to the ict of Columbia, affords abund- ant proof that clauses are repeatedly ap- pended to such measures, with the prefix of the word “Provided” (especially toward the close of the session), which cannot be regarded « ‘ovisos” in the Just sense of the legal definition. The title of this bill is CASTORIA For Infants and Ch Bears ° the ot signature aw of You Have Always Bought CASTORIA ‘The Centaur Company, New York City, “An act making appropriations to provide for the expenses of the District of Colum- bia for the fiscal year ending June 30, 1890, and for other purposes.” It contains but two sections; the first, embracing all the appropriations, under head lines indicating their several objects, covers twenty-one printed pages; and the second, containing but five lines, prescribes the forms of requi- sitions of the Commissioners for the future. The assignment of a designated sum for the “telegraph and telephone service’ ren- dered to the District government was not what Dwarris designates ‘a preceding enactment,” which Congress desired to re- peal by the clause fixing the rate of charge for the use of telephones within the Dis- trict, for the future. Its and scope are more accurately described by the Su- preme Court in 128 U. 8., Georgia Banking Co. v. Smith, where Mr. Justice Field ex- amined a similar contention with respect to a clause in a section of a railroad charter, which was prefaced by the word “pro- vided.” General Purpose of Proviso. “The general purpose of a proviso, as is well knowa, is to except the clause cov- ered by it from the general provisions of a statute, or from some provisions of it, or to qualify the operation of the statute in some particular. But it is often used in other senses. It is a common practice in legislative proceedings, on the considera- tion of bills, for parties desirous of se- curing amendments to them, to precede their proposed amendments with the word “Provided,” so as to declare that, notwith- standing existing provisions, the one thus expressed is to prevail, thus having no greater signification than would be attach- ed to the conjunction ‘but,’ or ‘and,’ in the same place, and simply serving to separate or distinguish the different paragraphs or sentences. Several illustrations are given by counsel of the use of the term in this sense, sheving in such cases where an amend nent has been made, though the pro- vision following often has no relation to what precedes it. “In 28 Ency. of Law, p. 436, the subject is considered and the result of the authori- ties as to the application of the rule re- ferred to is thus stated: ‘This rule is not, however, absolute, and, if the context re- quires, the proviso may be considered as a limitation extending over more than what immediately precedes, or may amount tv an independent enactment.’ “Among the cares there cited is U. S. v Babbitt, 1 Black, Congress by the 3d section of the act of 1852 (10 Stat., 4) had declared that registers and receivers of the land office should be entitled to receive a ceriain rate of compensation for services theretofore performed by them, and ap- pended to the section two clauses, eaca pre- ceded by the word ‘provided,’ the first of which declared that no register or receiver should receive any compensation for past BI who had charged or received ille- gal fees. The second was in these words: ‘And, provided further, that no register or receiver shall receive for his services, dur- ing any year, a greater compensation than the maximum now allowed by law.’ Former Suit Cited. In @ suit brought against a register for witholding public monies he insisted that the second proviso of the act of 1852 was applicable only to the case mentioned in the preceding part of the section, and therefore embraced only fees for services performed before the passage of that act. Put the court held that “the proviso re- ferred to is not limited in its effect to the section where {t fs found, but that it was affirmed by Congre an independent proposition and applies alike to all officers of this ¢ * ‘The court further held that this purpose of Congress was clearly im- plied in its language, and that what is so implied in a statute is as much part of 4t as what is expressed, and that “a thing within the intention of the makers of a statute is as much within the statute as if it were within the letter.” (3 How., 565, U. 8. v. Freeman.) To the same effect is the decision in 34 Maryland, 386, Mayor of Cumberland v. Magruder. Judge Miller, delivering the opinion, overruled the contention and held that the provision, no matter by what phrase it is preceded, was an unqualified negation of the power as to all manner of expenditures to the limit named, until the vote of the people had approved It. He said: “Its language is too plain to be misunderstood; too imperative to be disre- arded, and the result it seeks to attain ioo statutory and important to be defeat- ed by eny nice construction in which it is fcund, or the technical word by which it is prefaced. In respect to position and con- nection it is equally potent, as if enact2d in a separate section.” These utterances are strikingly applicable to the clause before us. Its language is of the most genera! character; it forbids ary telephone company to charge or recelve more than the designated rates, without the slightest intimation that its >peration Was to be limited to charges against the District government. If such had been the purpose of Congress, can it be doubted it would have secured it by the insettion of a few words limiting it to telephones used by the District that would have removed all doubt on the subject. But it cannot be pretended that Congress had any stich pur- pose, for it is a matter of universal knowl- edge and especially well known to the de- fendant company that {ts purpose was to apply the statutory rates to every tele- phone operated by any person or company in the District of Columbia. This objection is overruled. Constitutional Question, The last objection is addressed to the question of the constitutionality of the clause under examination. Notwithstanding the qualified assent of the defendant in the third section of the answer, I do not understand it is denied that this company is to be regarded as a common carrier of telephone messages for hire, and as such subject to the power of Congress to establish what it may consider proper rates of charges for the use of the telephone service, subject only to the limi- tation that such use is not required to be rendered without any reward, or upon terms so insufficient and unremunerative as to deprive it of its property or its use with- out such compensation, as, under the cir- cumstances, is just to it and to the public, and is secured by the fourteenth amend- ment to the Constitutien of the United States The defendant insists the act of June 30, violated this constitutional safe- guard by prescribing rates which are arbi- trary, unjust, unreasonable and uncon- scionable, and less than. the actual cost to the defendant of supplying such service to the ‘These averments, set forth in emphatic terms in its answer, it has undertaken to blish by affidavits of sundry of its em- ployes and officials, and its counsel has in- susted in the argument that their correct- is established beyond controversy. ¢ admirable opinion of Mr. Justize Har- lan in Smyth vs. Ames, 169 U. 8., 466, has so fully explained the numerous decisions on this subject (beginning with 94 U. 8S.) that is furnishes a satisfactory statement of the law so far as it has been settled up to the present time. No Raling Thus Far. There has been, thus far, no ruling de- termining the particular manner in which the courts shall examine into the reason- ableness of rates that have been fixed by the legislature. In 134 U. 3.. 458, Chicago vs. Minnesota, the court reversed the order of the state court which had refused to or- der a reference to take tesumory upon a petition and answer in mandamus proceed- ings (p. 441), and held the parties were en- utied to an investigation by judicial ma- chinery. Justice Miller, in his concurring oyinion, declared that the proper mode of judicial relief against the taritf there es- tablished by a commission was by bill in chance! and that until the judiciary had been appealed to declare the rates void they must be submitted to both ty the carrier and the parties with whom he deals. Justice Hagner here cites numerous de- cisions bearing upon the question amd says: “It appears that the courts, in one form er other, have never consented to decide this important inquiry in any of the cases breught before them, except upon testi- mony appropriate to the form of the par- ticular action, and have refused to make any decision where such testimony kad not been takon. “In this condition of the law, I am of the opinion that nothing which can be properly regarded as testimony is now be- fore the court sufficient to justify it in considering, much less in sustaining, the contention of the defendant company that the clause in question is unconstitutional, because of the unreasonableness ani! in- sufficiency of the rates, to an extent that denies to the company the just compensa- tion to which it is entitled. “The complainants, in their bill, relied upon the explicit language of a statute regularly passed by Congress and ap- proved by the executive. There can he no doubt the courts must regard a staiute so enacted as prima facie a constitutional law. As was said by Chief Justice Waite in 94 U, 8., 123, Munn agt. Wiinois, Eve: statute. is presumed to be: constitutional. The courts ought not to declare one un- constitutional unless it is clearly so. If there is any doubt, the expressed will of the legislature should be sustained.’ “The great fact upon which the bili rests is that the legislative and executive de- ee of the government have seen it to enact a statute which those against whom it is directed refuse to obey; and no asseveration in the answer of the party complained against, that in his opinion the law is unconstitutional, upon the grounds stated, though supported by never so many ex parte affidavits, will justify a court in adopting that opinion in the absence 6f le- gal evidence. “The objection of the defendant, which was well taken, that much of the matter contaired in the affidavit of Mr. Birney was hearsay, equally applies to almost every averment in the ex parte affidavits on behalf of the defendant. Before the court can lay its hand upon the statute and pronounce it no better than waste paper, there must be evidence produced in the legal manner to sustain the contention; evidence taken in the presence of the up- posing party, who had the opportunity of cross-examination, and the right to ex- emine and scrutinize the books referred to, and study the methods in accordance with which the business of the company has been conducted. “The presumption in favor of the con- stitutionality of this statute might be dif- ferently viewed if, on its face, it appearcd that the bill had never been ‘approved by the President, or had been signed by him after the adjournment of Congress, or thit the enacting clause had been omitted by a blunder. “A somewhat modified view might be taken if the act, in terms, had required the service to be rendered by the company without any compensation at all. But in the case at bar the statute appears on ‘ts face to be as regular in form as the pro- vision In the act of June 8, 1806, reducing the price of gas in Washington and George- town. “Or as the words of the proviso to section 11 of the act of the 10th of June, 1806, ex- tending the routes of the Eckington anJ Belt railways, which briefly declares, “pro- vided, that within the limits of the Dis- trict of Columbia six tickets shall be sold for 23 cents. The constitutionality stch statutes, entirely regular in form, upon the grounds here indicated, can only be attacked by matter in pais, which must rise to the rank of evidence, unobjection- atle in form and substance, “In these reasons I am compelled on the presentation cf the cases to disregard the atteck upon the constitutionality of the clause before me; and to examine the ap= plication for the injunction in the forms in | which it is asked upon the assumption that the enactment is valid. If the case were less clear and I felt justi- fied in basing my action upon consid tions of relative hardshins, I should grant the writ. For it seems plain to me that the defendant who will be protected by adequate injunction bond, resvonsible for the difference between the statutory and the former rates in the event of the iIn- junction being dissolved, will suffer less from the granting of the injunction than the great number of subscribrs to the tele- phones, who would be without adequate remedy for the intervening injury, in case the court, on final hearing, shall grant ihe writ. I have carefully abstained from express- ing any opinion as to the merits of the op- posing contentions of the parties as to the of the statutory rat be- tion is not pow properly and I disclaim all pur- the past management of the com- pany or the integrity of its, officers, for these matters also are outside of the legiti- mate scope of the present motion. I shall grant the orders requested for the temporary injunction until the final hear- ing, in the form preyed for in the bill. gener NEUVITAS STILL HOLDS OUT that before the court of criti No Confirmation cf Report That It Has Been Evacuated. All but About 1,800 Troops Had Left Before July 26—Abandon- ment is Expected. KEY WEST, Fla., August 4.—No confirm- aticn has been received here of the report that Neuvitas, the chief port of the prov- ince of Puerto Principe, has been evacuated by the Spaniards after a bombardment by American warships. The auxiliary cruiser Badger, which cap- tured three prizes at Neuvitas on July 26 and left with them that day for the Tor- tugas, arrived here this morning. Capt. Snow said that, at the time of his depart- ure, all but about 1,800 Spanish troops had left the city and a general evacuation was expected, but that to all intents and pur- Pcses the place was still held by the enemy and there had been nothing in the nature of an attack. The large gunboat Pizarro and the armed tugs Anita and Yumuri were in the harbor. The only intelligence of the reported as- sault and evacuation of Neuvitas was that furnished on July 26 by Lieut. Col. Rojas of the insurgent forces, to Command Maynard of the gunboat Nashville, at Gi- bara. The Badger was covering the blockade station at Neuvitas on July 26 when one of the Spanish boats slipped stern foremost to the mouth of the harbor and took a pe at her. The enormous hull of the Ameri- can ship, bristling with Nordenfeldt guns, scared her, and she scurried back to shel- ter. Captured the Three. A little while later, three vessels were ob- served coming out, in excellent formation, and Capt. Snow thought a good fight was ccming. He Lrought his ship up to the mcuth of the harbor and prepared to give the Spaniards a warm greeting, when it was discovered that instead of gunboats the advancing ships were a tug, a brigan- tine and a barge, the last two in tow, all flying Spanish and Red Cross flags. A couple of shots from a six-pounder were fired in their direction and they promptly surrendered. The tug was the Humberto Rodriguez, fine and new, and worth about $70,000. The brigantine was the Safi and the barge was the San Fernando. A party from the Badger bearded the prizes ind found distributed over them about 400 Spanish soldiers, who, it was said, had been ordered to Havana by Gen. Salcido. The surgeon in charge asserted that there were six cases of yellow fever among the troops, but a careful examina- tion by the Badger's doctor and afterward by other physicians at Tortugas showed there wes no infection among the men and ae the Red Cross flags were used as a lecoy. Took Deserters Aboard, At Neuvitas the Badger also took”“aboard vight deserters from the Spanish army, who are still on board the ship. They are a sergeant and seven privates: of the 22d Cadiz Battalion. They wete marching from the town of Puerto Pringipe»to Neuvitas, and when near the latter place the sergeant reported four men missing and asked for a detail of three men to find them. This was granted, but the detail also deserted, and, with the other men, made their way to Martinilles Light. Here they took the light- Keeper's bogt and rowed aut to the Badger, surrendering themselves with-their Mauser rufles and ammunition. They said they did not want to serve under Spanish rule. In Neuvitas, and, in fact, throughout the en- tire province, they said, the inkabitants are starving. £3 The Badger proceeded ywith her prizes from Neuvitas to Havana, where she re- ported to Commodore Howell, who ordered them to Tortugas. At that place Captain Snow communicated with the Washington authorities, and was instructed to send all the prisoners to Havana if one ship could carry them; if not, to put some of them on @ second ship and send them to New York. One of the prisoners in the meanwhile died of dysentery at the Tortugas. In accordance with the department's in- structions, Lieut, Edward McC. Peters, with two officers ind two men, was put in charge of the prizes and left with them for Havana. He will thea proceed with a tug- load of the Spanish prisoners to New York. The Badger is manned by New Jer- sey naval reserves. See eS Recovers From Injories. Mr. Joseph N. Benner, who has been confined in Providence Hospital for the Past three weeks, as the result of a bi- cycle accident cn the Bladensburg road, Was removed yesterday to his home, 606 R street northwest. He has recovered from the effects of the injuries received. of | SHROUDED IN DOUBT |LOCAL WATER SUPPLY Troops Scheduled For Porto Rico May Not Go. ORDER ISSUED MAY BE RESCINDED Experience of Second Brigade on March to Manassas. ONE DEATH REPORTED eee Special Correspondence of The Evening Star. CAMP ALGER, Va., August 4, 1898. It is not by any means certain that the 3d Virginia, Ist New Jersey, Ist Rhode Is- land and 4th Missouri are to go to Porto Rico as indicated in the press dispatches of yesterday. Announcement was made in The Evening Star and other afternoon papers that the regiments indicated were to be sent to Porto Rico, together with any other regiments from other camps, for garrison duty. It was said that an order had been issued from the adjutant general's office to that effect. Up to 2 lock this afternoon the officials here had received no information other than the press dispatch referred to that any such mcve 4s contemplated, and many of them express full confidence that none of the troops of the 2d Corps will be sent away from Camp Alger within three months. Major General Graham ard Major Gen- eral Butler went into Washington early this morning for the express purpose, it is said, of prevailing upon the adjutant gen- eral to rescind the order detaching four regiments from the 2d Corps. Both men aid to be very anxious to have the resent corps organization held intact. A second report, not le surprising to the rank and file of General Graham’ com- mand, reached camp this morning from Manassas. It was to the effect that the site selected near Bristoe station was likely to prove unsanitary, and to prove as in- imical tc the health of the enlisted men as the present site. All efforts to have this report authoritatively affirmed or denied failed of results. As neither General Gra- m nor General Butler is in camp, their ubordinates did not feel warranted in dis- ng the subject. If the story should e true, it is likely that additional marching rations will be sent to the 2d Di- vision and that the troops will be kept on the move until some permanent camp in good sanitary location shall have been dis- red. It may be that no mere troops will be sent out from Camp Alger until final ar- rangements have been made for in the corps at either Mt. Gretna or Sea Girt. One Result of Move. One consequence of the outgoing of the 2d Division yesterday was considerable con- fusion in the two division hespitals today. Numbers of men, according to reports sent to the chief surgeon from the regiments on the march, have fallen out before the di- vision had moved five miles. Many such cases were brought to the hospitals this morning, end when added to the number of typhoid patierts reported sirce yester- day gave the surgeons more than enough to do. At 2 o'clock this afternoon no list had been prepared of the new cases of typhoid. The number, however, will doubt- less prove to be almest as large as that of yesterday. In order to pre typhoid in the com: nt a further spread of anies of his regiment, Col. S. M. Welch, jr., of the 65th New York had the 3d Battalion, consisting of Com- panies E, K, L and M, move to new quar- ters on the crest of a hill near the regi- mental hospital. Most of the cases reported from that regiment have come from Com- pany H, and Col. Welch and Maj. Briggs, the regimental surgeon, have concluded that they are directly traceable to the condition of the ground on which the 3d Battalion is encamped. The conditions were such in the old camp of the battalion that it was im- possible to dig new sinks, all the ground having been once worked over. SUCCUMBS TO THE HEAT. Private Soldier Dies on the Way to Manassas. Special Dispatch to The Evcning Siar. BURKE'S STATION, Va., August 4.—One death is reported as a result of yesterday's march of the 2d Division from Camp Alger to Burke's Station. Private John Hiland of-Company D, 34th Michigan, was over- come by heat near Robt. E. Lee's old home, and was put in an ambulance and brought into camp here about 8 o'clock. His death occurred a few moments later. The body was sent to Fort Myer last night, and will be forwarded to Calumet, Mich. General Davis’ division will remain at Burke's Station until tomorrow morning, to give the men needed rest after the severe ordeal of yesterd: The delay in starting compelled the men to march through the heat of the day. Straggling was the fea- ture of the march, men dropping oul of line every half mile. They kept coming into cafp wnil long after midnight. An order issued by Chief Surgeon Girard yesterday compelled the regimental hos- pitals to surrender all the orderlies’ med- ical pouches before leaving. The whole di. vision was, therefore, without emergency supplies through the whole of the unusuai- ly severe march, except such supplies as they were able to secure from the sur- geons’ private pouches. The order under which the march was corducted contemplated supplying the division with its rations from the wagon train, which wi: supposed to accompany the column. The wagons with the rations did not leave Camp Alger until 6:30 last vening, and the last one arrived at Burke's Station at 4:30 in the morning. Many of the men went to bed supperless, and the provisional regiment was without food this morning. It is reported that Gen. Graham has se- verely reprimanded Gen. Davis, command- ing the 2d Division, for the delay of the subsistence supplies and the consequent inconvenience endured by his men, and al- so recommends that more of his attention be given the wagon train supplying the rations. Se BATTLE OF SANTIAGO. Part Taken in It by the 24th Reg- ulars, In the judgment of many competent mil- itery critics the 24th United States Regular Infantry did a service before Santiago that entitles the regiment to high distinction for bravery. The following letter just received by Mrs. J. W. Cromwell from her brother, Corporal John R. Conn of that regiment, will be read with interest: In the Trenches Near Santiago de Cuba, July 13, 4 p.m. The rainy season is here and in full ferce, and then this fighting and sleeping in the trench>s in a pouring rain or biister- ing sun is indeed terrible. There is quite a lot of sickness in the army now * * * I suppose you have seen our position map- ped and explained in newspapers. On the ist my regiment went in right in the cen- ter of the position, charging across a flat about 500 yards and cp a steep hill to the bleck house, We entrenchel ourselves that night where we were. The fight lasted from 6:30 a.m. of the Ist to 1 p.m. of the 3d, and then there was a truce, which lasted until 4 p.m. of the 10th. We then were at it again, continuing until 1 p.m. the next day, and it was awful. Our loss the first three days in killed snd wounded was, I think, something near 1,700. In my regiment 103, and in my company, 1 killed and 12 wound- ed. I have come out so far without a scratch or any serious sickness. carrying a pistol coneealed on his person, and Judge Mills sent him to jail for sixty days. HAVE YOU A SON, BROTHER, Husband or Lover in the Army or Navy?~ Mail him today a 25c, package of Allen's Foot-Ease, a pewder for ths feet. All who march, walk or stand need it. It cures aching, Ae! Col. Bingham Reports on the Opera- tions for the Year. DECLARES A NEW CONDUIT NEEDED Completion of the Aqueduct Tun- nel to Be Accomplished. WATCHING THE SYSTEM ——— Col. T. A. Bingham of the engineer corps has made a report io the War Department of the op2rations for the maintenance and repair of the Washington aqueduct during the year ended June 30 last. During the year, not including the occasions when the water level was lowered by th: supply be- ing shut off for the purpose of making re- pairs or for removing deposits from the conduit, the extreme fluctuation of water level in the distributing reservoir had a range of but forty-five hundredths of a feot, as against one foot for the preceding year. All deposits were removed from the ecndult and the interior was carefully seraped and swept, so that it is now an easy matter to keep the conduit ciean by the annual removal of deposits. An inspec- tion of the entire interior of the conduit shows that none of th> cracks plastered up in 1896 has reopened and that no new ones have developed. The north connection of the by-conduit around the Dalecarlia reser- voir is in bad condition, rendering it unsaf> to enter it to remove deposits, and permit- ting interchange of its waters with those of the reservoir. Care of the Conduit Road. For the care of the Conduit road bie yards of flint stone were crushed spread upon the road during the past y Extensive repairs were made to the dirt read, two and one-half miles in length, be- tween the Anglers’ Club house and Great Falls. Colonel Bingham says that tra on the Conduit road has increased so ly during recent years that it is impossible to keep up its present condition out of th= nnual appropriation for operation, pre ation and repair of the Washington aque- duct without detriment to other more v: parts of the aqueduct system. A sepa nnual appropriation for this purpos = recommended in the last annual report of the chief of engineers, and an ar of $1,000 was made by the act of June 30, 1seS. An increase in this amount to ) is recommended. cleaning out culve down bushes and made to the entire town and Great Fal By the act of March 3, 1807, an tion of $5,000 was made for con: ew telephone line between th> V queduct office and Great Fall this appropriation a new line w: ed during the at an expense 17 ed excellent servi An effort was made to purchase long-di nce telephones for the but it was not uecessful, and hired instrument Daily Consumption of Water. G ‘al repai and ditche: trimming slope road between ( su cutting were ree- Measurements of the daily and hourly consumption and waste of water were made on June 22, 23, and 28, 29, 1895, and a mean of the two results gave the dail 8, consumption as 4 gallons, an ii crease above that of the preceeding year. Based upon an estimate cf 264 sumers of Potoma> water, this corresponds to a per capita daily consumption and waste of 170 gallons. Based upon the po) ulation of 280,782, in the District of Colum- bia, as determined by the police census taken In April, 1807, with an estimated in- crease in population of 3,000, irrespective of their source of water supply, it corresponds to a daily consumption per capita of 168 gallons. An extensive series of gauging by current meter observations of the conduit, at two stations, discloses the fact that at the low- est stage of the Potomac. with all deposits removed from the conduit and the dis tributing reservoir about two feet below its present level (146 feet above datum), the condu:t is capable cf discharging into that reservoir about 76,500,000 gallons per day. This represents the ultimate capacity of the conduit, and the present daily conSump- tion is about 62 per cent of that amount. ‘Ten years ago it was but 35 per cent of the Same emount. . Need for a New Conduit. Col. Bingham says that the necessity fo: the corstruction of.a new conduit between Great Falls and the distributing reservoir fs therefore only a question of time. He says the new conduit should be completed and ready for operation before the daily consumption equals the maximum capac- ity of the present conduit. To make the preliminary surveys and plans, acquire the necessary lands and censtruct the conduit will involve operations extending over eral years. Therefore the inavguratic this werk, he says, should not long be 4 ferred. Estimates for these prelimina operations will be submitted fn the next annual report. The trunk mains jeading to the city, however, are already overtaxed in supplying the present consumption of a little more than 47,000,000 gallons a day, and every increase in their volume of flow sll be marked by a rapid decrease in pre n those parts of the city supphed by alone. It appears, therefore, says ngham, that while the conduit is a of supply'rg nearly 30,00),000 gal- lens per day in excess of the present rate of consumption, the trunk mains will re- ceive but little benefit from the increased discharge of the corduit until some method is provided for bringing an additional sup- ply of water from the distributing resor- voir into the city. tL} gravity Completing the Tunnel. Upon recommendation of the chief of engineers, approved by the Secretary of War, an expert commission was appointed to meet in Washington in December, 1895, to report upon the feasibility of completing the tunnel conduit. After a careful study of the subject and a thorough inspection of the turnel conduit and the works con- nected therewith, the’ commission submit- ted its report, which concluded with the statement: “That it is our unanimous judg- ment that it is feasible to complete the turnel conduit, with its appurtenances, ready for service, for the sum of $897,837, as stated in our estimate, and we believe that such completion will not be imprac- ticable or too expensive, inasmuch as we know of no more economical method of bringing increased water supply from the recervoir in Georgetown to Washington, by pipes or otherwise.” The act approved June 30, 1898, making appropriations for the District of Columbia appropriates the balance of $297,210.50 re- maining in the treasury from former ap- prepriations for increasing the water sup- ply of Washington, D. C., and an equal amount from the surplus general revenues of the District of Columbia, for resuming work on the Washington aqueduct tunnel and the Howard University reservoir and for prosecuting and completing the same. The work on the tunnel and accessories is to be carried on in accordanee with the plans of the board of experts appointed by authority of the Secretary of War in November, 1895. The estimate of the board for completing the tunnel was $897,837, and the estimate of Capt. D, D. Gaillard, Corps of Engireers, formerly in charge of the aqueduct, for completing the Howard Uni- versity reservoir, was $198,013.30. Col. Bing- ham says the completion of this reservoir is an essential part of the system. = Raising the Height of the Dam. The work of raising the height of the dam at Great Falls, in order to increase the water supply of Washington, Col. Bingham says, was successfully accomplished at a cost of $101,373, out of an appropriation of $125,000, and a recent inspection shows that since its completion the dam has suffered no injury, either from ice or freshets, “In view of the state of war existing be- tween the United States and Spain,” said Col. Bingham, “and on account of the dis- astrous resu:ts which it ensue from an attempt by a hostile individual to cut off the water supply of the city by the destruc- taken by the officers tn charge against t e an ocearrence, te ee appointed by ve War duty at re used. | FINANCIAL. WANTED —TO PURCHASE TEN SHARES MER- genthaler Linotype. Address PERCIVAL, Star “The knack of saving money. It's all in recognizing that email sums are the most useful allies of a sevings count. Here $1 or more starts an account—once You make the start you'll find the knack of saving comes easy. Union Savings Bank, On F St., No. 1222. “Bankr ptcy BLANKS. Sample set of 69 for $5. Law Reporter Co., aul-Im-14 518 Sth nw. ats DPSQLEPSO FE CEODL DE HOHE ?American Security $& Trust Co., 1405 GN.W. CAPITAL. SURPLU Foreign Exchange, Letters of Credit. Brown Brothers & Co. 3 Letters of Credit issued for the use of Travelers, available in all of the world. parts Secretary M.A. MeK “Trust OMcer RD” THORO Auditor i Treasurer -Assistant Sect American Security and Trust Co. N 5% ; ON DISTRICT REAL ESTATE. NO DELAY. MIMMUM CHARGES. R.W.Walker &So 1006 F_N.W. é ; : : : LOLOSEOESO SOOO OOSE DE GOTO FOS FDO 9OD Lewis Johnson & Co., BANKERS, 1315 F St., Sun Building. ers in all government and investment se- bought and sold. r INSURANCE POLICIES, DISTRUD cudowments and Tontines bou M. BR. HOI 2 1312 F st. 1 Washington Loan & Trust Co., OFFICE COR. 9TH s PAID-( PITAL, ¢ Loans in any amour pproved real estate or « sonable rates. Interest paid upén deposits on monthly bal- ances subject to check. This company acts as ex trator, trustee, agent, tr % and in all other fiduciary capacities. Boxes for rent in burglar and fire-proof vaults for safe deposit and storage of val- nable adminis- registrar President Vice President - Bd Vice President : - -Seeretary -Reai Estate Officer The National Safe Deposit, Savings and Trust Company Of the District of Columbia, CORNER 15TH ST. AND NEW YORK AVE. Capital One Million Dollars. Sy6-tt MONEY TO LOAN 5%, § 1-2%, 6%. Being the Washington reprerentatives of four of the largest Savings Banks of Baltimore, Md., to- gether with our private clientage, we are prepared to entertaia loans on city real estate at a minimum cost to the borrower. Wescott, Wilcox & Heiston, mb4-5m 4-651 1907 Penn. ave. n.w. W. B. Hibbs & Co., BANKERS & BROKERS, Members New York Stock Exchange, 1427 F Street. Ctrrespondents of LADENBURG, THALMANN & O0., de6-16d New York. THE RIGGS NATIONAL BANK, Washington, D. C. Issues Letters of Credit for Travelers, Available in All Parts of the World. Sell Foreign Exchange. Make Cable Transfers. Charles C. Glover, President, Thomas Hyde, Vice President. James M. Johnston, 2d V. Pres’t. Arthur T. Brice, Cashier. Wn. J. Flather, Ass’t Cashier. ap27-22tt MONEY TO LOAN IN SUMS FRCM $1,000 UPWARD, AT LOWEST RATE ‘OF INTEREST, ON REAL ESTATE IN THE DISTRICT. R. 0. HOLTZM. jal-tt COR. 10TH AND F STS. N.W. Toney at 5 Per Cent toLoan On real estate in District of Columbia, No dclay in closing loans. . ap2i-tf HEISKELL & McLERAN, 1008 F st. this force has been supplemented, as far as the limited means at the command of the officers in charge would allow, by the ap- pointment as watchmen of several trusted employes of the aqueduct office, who have been assigned to a like duty.” ——____+ ¢<—_-__ Eleetric Light Co, Management. Members of the present management of the United States Electric Lighting Com- Fany and those who are supporting them by their votes make light of the reports of a fight to be made on the management with the alleged purpose of electing a successor to the president, Mr. A. A. Thomas, next November. To a Star reporicr today one ef those supporting the present manage- ment remarked: “it is the same old fight that has been carried on by a small minority for many years; but it doesn't seem to be very good relitics to announce a fight of this kind three months in advance. The United States company is incorporated in Vest Virginia, and the laws gov very small minority a cha very large noise. sng it give a to make a I predict that seven- of the stock yoted in November will be for sustaining the present manage- ment. That, however, will not prevent the same fight made year after year.” JO. rel ine hig whi dling foe at len Echo. as brought a car and. removed to the Emergency, Hospital in the patrol wagon,