Evening Star Newspaper, August 15, 1902, Page 1

THE EVENING STAR PUBLISHED DAILY, EXOEPT SUNDAY. Business Office, Lth Street and Pennsylvasia Avense The Evening Star Newspaper Company. 8. H. KAUPFMANN, Pret Few York Office: Tribune Building, Chicago Office: Tribane Building. The Evening Star is served to subscejbers In the eity by carriers, on thelr own account.at 10 cen* Der week, or 44 cents per month. Coptes at ¢) gounter, 2 cents each. By mail—answhere In the ‘U.S. or Canada—postage prepald—60 cents per ms ath. Saturday Star, 32 i $1 per year; with for eign posta; ded, $3.60. (Entered at the Post Office at Washington D. 0., as second-class mail matter.) | E> All mall subscriptions must be paid in advance. Rates of advertising made Known on application. AT REST IN ELMWOOD Remains of Senator McMillan Laid Away. | INTERMENT PRIVATE Distinguished Men From All Sectjons of the Country Were Present. Mich., August arked the funeral om er Senator d suddenty last Sund: Ma er, Ma the dead 15. ervices Extreme this me in man would t ostentation or displa 1 proposed that his thousands of ld march in pre be- his the ession to hind the 2 tomb; that th and bearing the sé "s career. In obedience to the | wish family, however, this was | id the simplest of | o'clock at the s late residence, Jefferson ave- large hou crowded to its acity, a any persons werc to gain admittance. Both branches the state le ature and all ate and city govern- t were represented at the Gov. Bliss Present. 7 iss ¥ The s f the services. wi rial dele st intimate friends m ator. It was made up as fol- 2 Foraker, New Jersey; McComas, Mary- Iowa; Lodge, Massachuset led at the R eded to th ck the si a me a yme shor: TVice placed in the ) jan was filled beautiful with Detroit a ffalo s i did CALLERS ON THE PRESIDENT. General Corbin and Party Among the Visitors Today. R BAY, L. 1 had his gu heor and S. the bin f New York, Re ary us many e army ent to pay th nd he @ He also in at Omaha >. WESTMINSTER ABBEY CROWDED. Public Anxious to See the Coronation Fittings There. LONDON, August 15.—Th o ing Wes er Abbey the . view the coronation fit- athe ities immeas- » be a much more ud been imagined fee was $1 uced to 0 cer rate of ad- 2 cents and t congregated ors were opened line ex mile to the abbey wsely packed army « s called jee 3 passed tile g ——++-____ SAYS WIFE KILLED HUSBAND. Charles Holada Makes Confession Re- garding Gaullagher Murder. DES MOINES, Iowa, August 15.—A spe- eial from Iowa City states that Charles Holada has made a confession in which he states that James Gaullagher was mur- dered by Mrs. Gaullagher, with his com- plicity, and that the crime was committed because he and Mrs. Gaullagher were in love. Gaullagher, was a wealthy stockman. Four months ago he was murdered at mid- night while sleeping by the side of his wife end child, the assassin sending a bullet from a target rifle through his head. Tracks led across a cornfield to Holada’s mauso- | » | yesterday by Mrs. Hoadley es = == The Foening = Star. 15,435. WASHINGTON, D. C | FRIDAY, AUGUST 15, 1909-SIXTEEN PAGES TWO CENTS d he was arrested. Holada had so employment of Gaullagher under an umed name 4 ms to have won Mr: aullagher’ ile her husband | was away on bu! trips. Holada declares they planned to poison ullagher, and that while he was present the house the night of the murder, he hours before and had no hand in the sting. ‘ | lett sh DENY COMBE’S CHARGE FRENCH CATHOLICS SAY THEY | ARE NOT ROYALISTS. FUNERAL SERVICES WERE OF | SIMPLEST KIND. Opposition to Closing Schools, They Declare, Has No Political Significance. nouncement made after s meeting that the royalists are directing the gitation against the closing of religious chools in Brittany has evoked considerable mment. Catholic leaders and the Catho- © press deny that the movement is anti republican. Count Albert de Mun, who, with Abbe Gayraud, is the guiding spirit of the resistance in Finisterre, declares that the movement is entirel pontaneous on the | part of the people themselves and that not an act nor a shout has occurred in Britta- ny to justify the allegation that a royalist conspiracy exists. Count Albert de Mun says the Marseillaise has been sung evel where and that it Is evident the govetn- | ment is embarrassed Sy the situation and | has invented the royalist scare in order to create a diversion. Francois Coppee in an interview a similar opinion in more violent and pict- ue language. The Patrie it is ru- | mored that the government intended to ar- pressed | t the royalist senator from Finisterre, de Chamaillard. Ministerialist organs ssert’ that the government possesses cu- | rious Information as to the manner in which the Breton peagints were deluded into a belief that they could successfully re- the republi e situation Meen and Folgeot re- aportant pilgrimage today, on the occ Assumption, gathering from the y. Processions from y Villages | arrived during the morn headed by jests bearing crosses banners and Abbe il de Cuvervi Gayraud, | who is a member of the chamber of depu- and Councillor Soubigon have ad- sed a prote to the premier, M. on account of the allegations of royalism, We protest political ind e grateful to cont ive to prev of violence. TENNIS AT SOUTHAMPTON. | Great Interest in the Closing Matches of Famous Players. SOUTHAMPTON, L. L, August A |large gallery gathered about the courts of | the Meadow Club today to witne the laying of the famous trio of Englishme’ the closing matches of the mixed doub! the Long Island championship tenn's rnament. The morning match brought er Miss Hollins and R. F. Doherty against Miss Anna Sands and Dr. Joshua Pim. Th for the place on the top final | bracket, the lower bracket having been won y and H. L. Doh- in j ert In addition to these finishing competitions |the singles match for the Ruggles cup | probably will be played today. The men | who have won the eligibility to compete for | this trophy Guy Phelps Dodge and Stewart Waller. Hoth are former col- jlegians, and an exciting cont look for. The courts have kept in dition and are fit for the fastest sort play, while the weather is clear and ple: ant. ———_++---_- THE CHAUNCEY A SPEEDY CRAFT New Torpedo Boat Destroyer Makes 29.51 Knots. PHILADELPHIA, August —The new | torpedo boat destroyer Chauncey returned to the yard of the Neafle & Levy Ship- | after a success- | 29.51," painted on the smokestack, rep ed the maxi- mem specd in knots attained by the de- er on her trial. Seddinger of the shipbuilding y says the Chauncey made an ay- erage speed of four trial runs, and durir trial of one hour she aver: sO Knots, or near- knot above ttle nen ly one The speedy to the gove the speed requirement. el will be turned over ly. | CANADA’S TRADE IN DANGER. Minister of Public Works Proposes a Higher Tariff. HALIFAX, N. S., August 15.—Hon. J. I. Tarte, Canadian minister of public works, in a speech before the n Manufac- turers’ Association, de that Cana- dians must no longer their markets | slaughtefed by American manufacturers and the great trade of the continent carried American channels. The remedy proposed was improvement of the Ca- an waterwa: nd a higher tariff. We must,” he , “transport from west . through dian channels. This y must be united by cheaper trans- nd a strong Canadian tariff. The to the seaboard is destined ighway not only ortest to be the c ficlds, but of the | whoie continent. We have a } route from Georgian to Liverpool 200 miles shorter than via New York. The Ca- nadi: Pacific railroad and the Grand | fq cr work together to carry that | route ter stated that Canada would t The | soon have a fast Atlantic line and declared min. at Halifax in winter and Quebec in sum- mer were the natural terminals. —__++2s__ SISTERS WISH TO COME HERE. Applicants to the Vatican for Permis- sion to Do So. ROME, August embers of the relig- ious orders expelled from France, especially asters, are applying to the Vatican authori- ties for permission to settle in the United Sta Several of them have come to Rome personally for the purpose of urging their requests. A reply has been sent to them, pointing out that there are no vacan- cles in the United States and, besides, call- ing attention to the difficulty arising from the fact that the expelled sisters do not speak the English language. Canada has been suggested as a T@tter field, as sisters are comparatively scarce there, and because French is spoken in a large area of the dominion. The applicants, however, did not take Kindly to the sug- gestion and persist in their rdjuests to go to the United States, es. GREAT COAL STRIKE A Most Interesting Labor Struggle. TO. CRUSH THE UNION THE REAL OBJECT OF THE OPERATORS. Que: on of Endurance With the Men —Eighty Per Cent Willing to Return to Work. Special From a Staff SCRANTON, Pa., ton, and the fall spondent. August 15.—Coal $9 of the year coming on. The average householder is likely to take a personal interest i the great coal strike from this time until it is settled. Politics and the election of the House of Representatives will wane into insignificance alongside of the burning question of the price of coal. The strike has been on for three months and there is no sign of settlement. The a owners of the coal mines are determined to crush the Mine Workers’ Union. The miners desire to preserve their union. 1 with the prospect of work and a slight increase of wages, they may decide to let the union go to pieces. The miners themselves do not think the preservation of the union is absolutely es- sential to their welfare. The officers of the Mine Workers’ Union are moving heaven and earth to preserve the integrity of the organization. anthracite of the mines are no region practically all yntrolled and owned railroad corporations. The Delaware, ckawanna and Western, the De d Hudson, the Erie, the New « , the Lehigh Vailey and the ing railway have bought, within the past few years, from the individual operators, the bulk of the coal properties. Mr. J. Pierpont Morgan of New York is the dominant figure in the combination of mine owne President Baer of the Read- ing railway 1s the executive head of the combination, When this strike was de- clared the railroads intrusted to Mr. Baer the management of their interests. Presi- dent Baer took hold with the u stand- ing that he was to have absolutely full control. Mr. Morgan went to Europe. The other railroad presidents devoted them- selves to the duties of their respective po- sitio President Baer today is the man who fs actively engaged in handling tne strike situation. To Crush the Union. IT am told in S n, by competent au- the that President Baer's one inten is to crush the union. He does not care for the 5 per cent increase in wages de- manded by the men. He is willing to grant it if it could be granted to the workmen without recognition of their union President Baer's position is this: He holds the view that if the union is recognized the granting of the demands of the men at this time would be only the beginning of fur- ther demands. Next year they would come with something else. The following year they would insist upon further concessions. sees no limit to the demands of the union and thinks that the operators of the coal mines would eventually be pushed to the wall by the workmen. The only salva- tion for the operators, from his point of view, is to kill the union. a In the strike of 1900 President Baer want- Sen- ed to fight the proposition to a finish. ator Hanna, chairm: of the repubi tional committee, went to r. Morgan and told him that the presidential e! ey likely to he imperiled by the Pennsylv: coal strike. He reminded Mr. Morgan that Morgan and his friends had interests of the coal mines of far greater gnitude, which would be hurt if ‘ President should not be elect- ed. Mr. rgan admitted the point, grant- ed the demands of the union and the strike came to an end except possibly the governorship and a handful of representatives in Congress. Mr, Morgan and his friends care nothing for those interests. Senator Quay and the F vania politicians have appealed to the ents in vain, ‘The latter have’ turned a deaf ear to all representa- tions upon that score. They say that the fi al interests of thelr companies are at stake and that the welfare of their stock- holders is more to them than any local po- litical consideration. Here comes in the question of ethics. The railway presidents represent combinations of capital. They insist that there shall be no combination of labor. You may figure it out to suit yourself. To the railway presi- dents it is a cold-blooded proposition. Issues Presented. At the outset of the strike the issues pre- sented by the miners were these: That a working day should consist of elght hours. for which the miners should receive the same pay that they now get for ten hours’ labor. That the miners should receive an ad- vance of 5 per cent in wages. That a ton of coal should be measured at 2,240 pounds, and that the men should have a representative to check the weighing. That a minimum scale for day laborers should be established similar to scale pre- vailing in the bituminous fields. These demands were abated and the prop- osition finally came down to the one Issue of an increase of 5 per cent in wages and the recognition of the union. The mine workers offered to arbitrate the differences. The mine owners, through President Baer, refused arbitration. the men should go back to work and that there was nothing to arbitrate. There is no question that the refusal of the mine owners to submit the wage ques- tion to arbitration inclined the public sen- timent to the side of the mine workers. But arbitration meant the recognition of the union, and that to the mine owners Was the crux of the whole situation. There are about 140,000 men and boys en strike. I am told that 80 per cent of the licensed miners would like to go back to work. These represent the English-speaking, skilled workmen. But they are in the mi- nority. The laborers in the mines, who out- number them, are practically all foreigners and do not want to go back to work until the strike is won. Question of Endurance. It now is a question of endurance with the men. The officers of the union are not likely to call a convention and submit the question of going back to work to a popu- lar vote. The chances are if this were done the men would vote to return to work. Nobody can figure very well on the ques- tion of endurance. The workmen are not suffering. The majority of them have a little money and are enabled to make a lit- tle. In the Scranton district the situation is a little different from other regions. There are about 4,000 girls and women, members of miners’ families, employed in the silk mills. The wages of these em- ployes average from $4 to $6 a week, and serve to keep the wolf from the door. Coal is furnished to the silk mills by the wash- ings from the culm banks. The miners have not closed down the washeries, and consequently the silk mills can keep run- ning and furnish employment to their chil- ren. The Mine Workers’ Union is ‘receiving financial aid from the outside. This is dis- tributed needy persons, not in money, Mr. Baer insisted that |" but in groceries. No aid isgivenito a miner who owns property or whe has children at work. The food is distributed regularly to those who actually need it. The one main object of the officers of the union now is to prevent violence. If out- breaks should occur the militia would be sent in. immediately and mines would be started up. There is ho doubt that in every part of the anthracite region there are men ready to go back to work if military pro- tection should be afforded them. The offi- cers of the union know this and they want to keep the militia out. It is probable that the operators would welcome a few riots and the advent of the militia. At present they are guarding their mines by the employment of the coal and iron police, a constabulary authorized by the state law. It is a very expensive propo- sition to them, and they Would like to have the state put the soldier boys on duty and foot the bills. : The mine owners are in condition to pro- long the fight. They have some coal on hand and are getting top prices for it. But if they did not have a pound of coal in their breakers, they claim that it would pay them to continue this fight to crush the union. Certainly it is the most interesting labor struggle this country has witnessed. The mine workers claim that it means life or death to them. Aside from the question whether it does mean life or death to them is the fact that they are battling for the right of organization, a right claimed by the railroad companies themselves, but de- nied to the workmen. Little Political Significance. There is little political significance in the situation. Representative Connell of the Scranton district is the man most vitally interested. It is not probable that the strike will defeat him. He'is very popular, and is beloved by democrats as well as re- publicans. He has done a great deal for Scranton, and the people are grateful. He is an aged man now, and is suffering un- der a tic bereavement that is sad- dening his declining years. There seems to be ¢ tion on the part of his con- stituents to continue the honor which he has held so long, and to permit him to round out h h political career in peace at own will. N.O. M. ASSUMES SERIOUS ASPECT. Mr. Warner’s Views of Coal Strike Based on His Observations. Mr. B. H. Warner, chairman of the citizens’ ee on the G. A. R. encamp- execu ment, returned today after a wee ab- sence, spent visiting relatives in Penn- sylvania. A part of his tour was through the country around Scranton, Pa., where the strike prevails, and yesterday he came through parre, where the washery confli ace. He said there seemed to be near the latter city five or six hun- dred men and women engaged in throwing coal and fron, with a hope of pre- the men from operating the wa eries, where the good; butnable coal is screened and washed from the culm piles to be used for manufacturing purposes. very large m are ii operatives. y of the people,” y¥ with the le effort seem made by the owners to harmo} the s between capital and labor, which grows more portemtous every year. There ure, however, several operators in the Wyoming who are running just the same as us nd Whose men are well contented and ple e of the fact that their employers put forth a continuous endeavor to make their styfe of living more attractive than is tommary h people of their cl Hospitals are provided for the sick, reading rooms nd Mbraries fur- nished without cost, free baths maintained and many other comforts which are not generally provided. Suffering Possible. “This strike will have to be settled within a few weeks or great suffering will result. In fact, the large stock of coal which was on hand when the strike commenced will be exhausted, and it will not be possible to use any soft coal or any other substitute so as to keep the manufacturers running. I ame through several cities yesterday which reminded me very much of Pittsburg and its surroundings—notably Philadelphia, which seemed to be wrapped in.a great mantle of thick brown smoke, that effec- tually concealed from the view of the in- coming visitors the spires and towers of its public buildings. Certainly the Quaker city, with its reputation for cleanliness and particularity, must find the smoke nuisance very hard to endure, “Undoubtedly the operators up to this time have reaped a profit out of the strike, because of the very large advance in the price of coal they had on hand and that which has been taken out of the mines since the strike began. But now matters are assuming a more serious aspect, and some of the leading officials of the various railroads are afraid they will not get coal enough to move their freight. The Penn- sylvania road is using soft coal on its northern lines, which is not in accordance with its usual line of progress.” SS Eee ARRIVAL OF THE CROOK. Return of Seven Companies of the 25th Infantry. The War Department is advised of the ar- rival of the transport Crook at San Fran- cisco August 13 from Manila, Philippine Islands, with the following military passen- gers: Headquarters, field, staff and band, and Companies E, F, H, I, K, L and M, sth Infantry, 570 enlisted men, and the following officers of that regiment: Col. Bowman, Maj. Brush, Capts. O'Neil, Shat- tuck, Cronin, Lenihan, Albright, Leitch and Hunt; Chaplain Stewart, and Lieuts. Enochs, Ford, Comer, Straat, Bundel, Mapes, Wiegenstein, Coburn, Lauber, J. Green, Bussche and Donald. Other passengers included Col. Chance, 4th Infantry; Maj. Earthman, medical de- partment; Capts. Moore, 15th Infantry, and Moore, h Infantry; Lieuts. Hathawa: signal corps; Price and Cordier, 5th In- fantry; Armstrong, 6th Infantry, and Good- ale, 16th Infantry; Capt. Collins, 6th In- fantry; Contract Surgeon Trew, thirty-two discharged soldiers and eight general pris- oners. te THE PANAMA CANAL. —>_, Mr. Knox Not to Go Abzead Until Cabled by Mr.-Rusagll. The Department of Justjeé hag no definite information when Attoragy General Knox will go to Europe to begim an investigation of the legal questions sugsoundimg the sale of the Panama Canal Cempany and prop- erty to the United States, Nothing on the subject has been heard fepm Mz. Knox. It is believed that the Attegney General will not go from this country. untiljhe receives a cable message from Mg, Ruagell, who is now in France, to the effegt thag everything is ready for the investi jon ,to proceed. Mr. Russell is the adv: ntative of the department in Framee, and is taking the preliminary steps for the investigation that the Attorney General is to make. Ordered to Portsmouth for Repairs. The cruiser Luzon and “the tank ship Arethusa, attached to the Asiatic station, have been ordered home. The Luzon, which was one of the ships captured from Spain, will go to the Portsmouth yard for general repairs, and it is understood the Arethusa will be utilized during the~ maneu- vers in the Caribhean gea. e plan of pital ship Meats pense. Bike ‘wil be used as ra been the winter maneuvers, ye hospital accom- modations aboard, 1 S v RELATIONS WITH CUBA /The Exact Point of Contact in Doubt. THE PLATT AMENDMENT NOT BINDING UNTIL A TREATY SHALL HAVE BEEN RATIFIED. State Department Opinion by a Constitutional Law- View—Contrary 3 yer—Congressional Definition. Where is Cuba's exact point of contact in her relations to the United States? Since the talk of floating a Cuban loan to the extent of thirty or forty million dollars was begun a few, weeks ago con- stitutional lawyers as well as the officers of this government charged with the con- duct of international affairs have given this question most profound study. When the conclusions. thus formed have been gathered together it is found that there is a decided difference of opinion among men versed in the etiquette of one nation toward another. All of the speculation has to be based on what is known as the Platt amendment—a precept, containing eight articles, which was made a part of the army appropriation bill approved March 2, 1901, and which laid down certain basic principles along the lines of which ‘the Cuban constitution was to be framed. The preliminary pro- vision of the Platt amendment was to the effect that it should be made a part of or appended to the Cuban constitution. After some hesitation on the part of the Cuban constitutional convention the amendment was made an appendix to the constitution, and not a part of the instrument itself. This was done at the suggestion of General Leonard Wood, at that time military gov- ernor of the island. The Platt Amendment. The last article of the amendment pro- vides “that by way of further assurance, the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States. No such treaty has ever been drawn or negotiated. and this brings the opinion of international lawyers to ‘the dividing of the ways. It is understood that the State Depart- ment ruled yesterday that the Platt amend- ment is not binding until a treaty five 1 uve been ratified between the two coun- This ruling has not been announced many words, but the attitude of the abandoning any semblance of icti r the proposed Cuban loan is based on thi 3 > cas On this point a well-known lawyer of na- tional reputation said in discussing the question toda “I do not assume that the State Depart- ment has gone so far as to take the posi- tion that the Platt amendment is absolute- ly a dead letter until a treaty carrying its provisions into effect has been ratified be- tween the United States and Cuba, but it is evident that the State Department does take the view that there is a very grave question as to whether the Platt amend- ment is operative. “The eighth article of the Platt amend- Ment says that by Ned of further assur- ance the government & Cuba will embody the foregoing provisions into a permanent treaty. The phraseology of that article would seem to indicate that Senator Platt, when he drew it, had in mind the fact that the whole amendment would not be opera- tive or binding, but was merely an assur- ance given by the United States and Cuba each to the other that the provisions con- tained in the amendment should go into effect some time in the future. “Undoubtedly there is nothing but a moral binding effect in this amendment and there is an open question as to whether it is ac- tually a part of the Cuban constitution at this time. I would say that it really could not be construed as a part of that constitu- tion until the full act contemplated by the amendment had been consummated, and that full act will not be consummated until a treaty is negotiated by the two govern- ments and ratified by the Senate of the United States and the treaty-making power of Cuba. “If this reasoning be true, it follows that Secretary Shaw was correct the other day when he declined to have anything to do either affirmatively or negatively in pass- ing upon the right of Cuba to make a loan. The State Department had nothing else to do, in view of the action of the Secretary of the Treasury, than to wash its hands of the whole matter.” Another View of the Situation. Another view of the situation, held by a constitutional lawyer, also of recognized ability, is that although perhaps an unprec- edented procedure, nevertheless the Platt amendment is virtually a treaty between the two countries in itself. ““My view of the matter is,” he declared, “that going back to the inception of the transaction the mind of the government of the United States first reached out and came in contact with the embryo mind of the Cuban government before that govern- ment was actually put into existence. The United States declared in its laws that when the government of Cuba should be created it should be founded on certain fundamental principles which were em- bodied in the Platt amendment. This declaration was approved by Congress and the President of the United States; it also, as was the intention, became a part of the Cuban constitution. The moment it be- came a part of that constitution it ceased to be merely a law of the United States, but became binding on both nations. “Although not in the usual form, it is a treaty. A treaty is simply a written mem- orandum duly agreed to and ratified by two nations for the regulation of their dealings with each other. The Platt amendment was duly ratified by receiving the ap- proval of the legislative and executive branches of this government, and then be- coming a fundamental part of the gov- ernment of the Cuban government. How- ever, to obviate any doubt on this subject, the last article of the amendment provides ‘that by way of further assurance’ the subject matter of the amendment shall be made into the form of a treaty. Pending the drafting and ratification of such a treaty there is not the slightest doubt in my mind that the Platt amendment has the full force and effect of a treaty.” For Congressional Definition. A member of Congress who was asked concerning the Cuban relations of this government today said that he regarded the matter one for congressional definition, and that he had no doubt Congress at the next session would be called upon to define to just what extent the provisions of the Platt amendment could be enforced by this country in its dealings with Cuba. Friends of Cuba see in the absence of treaty relations between this government and the Island of Cuba are excellent argu- ment in favor of an extra session of the Senate to ratify such a treaty. At the same time they argue that a treaty em- bodying the Platt amendment could be made to stipulate certain commercial regu- lations between the two governments, and in these commercial regulations they see the fulfillment of the McKinley promise of tariff concessions. According to the terms of section 8 of the Platt amendment. Cuba is charged with the initiative in the matter of making the treaty, and it is not unlikely that Cuba may be heard from in this connection In the near future. To establish her relations wiih this government beyond question will | be the argument made by her for imme- diate action on the part of this govern- ment, at the same time her crying needs for commercial concessions will be made an appendix to such a treaty which wiil, it is believed. meet the hearty approval of the people of the United States. CALLS IT BAD LAW DONALD McMASTER CRITICISES JUDGE CARON’S DECISION. Says the Canadian Took Snap Judg- ment in the Gaynor-Greene Case. MONTREAL, Quebec, August 15.—Donald MeMaster, K. C., leading counsel for the United States, today gave out the following ‘statement In reference to Judge Caron’s judgment in the Gaynor-Greene ca: an.my opinion, the judgment is bad, and the reasons in support of it worse. The judgment in effect, a snap judgment, without an opportunity for counsel being heard upon the whole case. “The first ground of the judgment is that the warrant issued by Judge Lafontaine for the arrest of the prisoners does not contain the date of the commission of the crime.” Mr. McMasters considers this a most ex- traordinary reason,-as he holds the war- rant to be in the words of the form pre- scribed by the statute. According to him, the Gate in the warrant was not at all nec- essary, neither by the form of the warrant nor by the express terms of the extradition act. “But suppose that the date were required in the warrant of arrest,” he continu “which St certainly is not: Once the pr: oners are brought before a judge or the date in the warrant becomes absolutely immaterial. “On the whole, I am unable to conceive how this judgment under such circum- | stances could be rendered. The authorities submitted on behalf of the United States government do not appear to have received any consideration. Neither does the judg- ment of Justice Andre’ It is either ig- nored or lightly brushed aside. That judg- ment Is res judicata. Justice Caron was absolirtely bound by terms upon every principle underlying the administration of justice.” —————— APPEALS IN GUAM. Question Has Been Referred to the Navy Deartment. An anomalous situation in the Island of Guam in reference to the admin- istration of j , and Commander Schroe- der, the governor of the island, has been driven to appeal to the Navy Department here for instructions as to the limit of his | powers. Congress has not legislated for the nd and the will of the naval governor has been practically supreme. When the island was turned over to the Navy De- partment and Captain Leary was appoint- ed governor he decided to continue in op- eration the old Spanish la except such as should be modified by his directions or that of the Navy Department. Under the old system of laws thus put in force there existed practically but a single court on the island, the court of first instance, which corresponds to the lowest judicial tribunal in this country. But under the Spanish law there an appeal was allowed from the de- cision of this court to the court of cassa- tion in the Philippines, with provision for a final appeal in certain classes of cases | to the government at Madrid. But with | the advent of our contro! in the Philippines | this power of appeal was cut off, and the | decision of the court of first instance prac- tically stands as the decision of the court of last resort. Some time ago a_native was convicted in this court of murder and he was sentenced to be executed. The evi- dence seemed to leave some question of | his guilt, and Governor Schroeder was ap- pealed to. Being at a loss as to what ac- | tion he could or should take, he advised | the Secretary of the Navy of the situdtion and asked for instructions. There are said to be other cases which have been brought to the attention of the department, which involve the rights of American citizens, who have been tried in Guam under the Spanish law, which, among other things, does not provide for the trial by jury, to which Americans are entitled under the Constitu- tion. The whole subject is being carefully considered by the Navy Department. The judge advocate general, it is understood, will shortly render an opinion upon which Act- ing Secretary Darling will act. rr TO GO TO PEKIN. An Architect From the Treasury Wanted. The Treasury Department has received from the State Department an inquiry whether an architect from the office of the supervising architect may be designated to go to Pekin to prepare plans for the erec- tion of a legation building for the United States in that city. By authority of the State Department Minister Conger some months ago employed Mr. Cerre, a French architect at work for the French govern- ment. He made designs and drafted plans and specifications, but when these were sub- mitted to the State Department they were not fully satisfactory. A questién arose as | to using galvanized iron or tiles for roofing. Mr. Carre was called back to France and could not continue supervision of the work, so Minister Conger recommended that a man be secured from the treasury, stating that practically new plans would have to be drawn. The detail of a treasury architect will be made if the State Department formally prefers the request. or THE REINA MERCEDES. Doubtful Whether She Can Be Made Into a Sailing Vessel. The Navy Department is in something of a quandary over the Reina Mercedes, the Spanish cruiser which was sunk in the en- trance to Santiago harbor a few days after Cervera’s fleet came out to meet its doom. After the war the Reina Mercedes was raised and brought north, and eventually was sent to the naval station at Ports- mouth, N. H. At that time it was decidea to strip her and take out her machinery and convert her into a sailing ship, with the intention of using her as a training vessel. It now appears, however, that the construction bureau of the Navy Depart- ment questions her ability to carry sail, owing to the conformation of her hull. Acting Secretary Darling has referred the matter to the general board for an opinion. obtains THE STAR BY MAIL. Persons leaving the city for any. period can have The Star mailed to them to any address in the United States or Canada, by ordering it at The Star office or at any Postal Tele- graph office, all of which are branch offices of The Evening Star. Terms: 13 cents per week; 25 cents for two Weeks, or 50 cents per month. ID VARIABLY IN ADVANCE. The address may be changed as frequent- ly as desired by giving the last ad- Gress, as~well as the new one. NOT BEFORE WINTER Appointment of the New Canal Commission. THE LAW’S PROVISIONS GOOD TITLE TO PANAMA ROUTE MUST BE OBTAINED. Reported Understanding With the the Board as Directed by Congress. President — Composition of Those best informed on the President's intentions erning the appointment of an isthmian canal commission give but lit- tle cred > atements that he has ¢ cided upon body of personnel of that The 1 nder which sion is to be appointed prescribes conditions under which the Panama property i bought, which are that arrangem must first be made to obtain a satisfactory title, and that he shall have secured by treaty control of the necessary territory from the republic of Colombia. After these provi- sions the law says: “The President shall then, through the tsthmian canal commis- si &e An Alleged Understanding. the law there will be no function isthmian canal commission to per- men. this commis- > be Un for the form until It 1s arranged beyond doubt for the transfer of the Panama property Members of the present al commis- sion went on their summer vacations with the belief that the new commission would not be appointed until after these prelimi- nary proc gs had be mpleted, and it is said they had « erstanding with the President that that was to be the course to be pursued by him. There is no expecta- tion tha liminary arrangements will be before next Decemb: The neral will go to France t of this month to personal himself about the title that the new company can give to Its property proposed y with Colombia has been subm hat government and is pending th se who are best in- formed concerning the course of events in relation to the canal believe that arrange- ments cannot be completed bef Decem- and they will be well satisfied if ne r delay occurs Composition of the Commission. From the (ime this matter was discussed in Congress it has been considered as quite certain that Admiral Waiker, George 8. Morrison, Alfred Noble, Colonel Peter C. Hains and W. H. Burr would be included in the commission. Prof. Haupt favored the Nicaragua route when the question was before the Senate, and ki has er been thought that he would be on the com- mission. Prof. Emery Johnson was ap- pointed on the present commission to re- port on the economic aspects of the car Senator Pasco was its le Neither of them, it is believed, reappointed. It is not thought that Col. Oswald H. Ernst will be appointed, as that would gi the army two representa- tives on the commission. The law pre- sribes: Mf the seven members of said commis- sion at least four of them shall be persons learned and skilled in tt nee of engi- neering, and of the four at least one shall be an officer of the United States army, and at least one other shall be an officer of the United States navy, the said offi- cers, respectively, being cither upon t activ he retired list of the army’ or the nav: It is to be seen whether Admiral Walker will be regarded as an officer of the navy “learned and skilled in the science of « gineering.” He is not a civil engineer, al- though he is regarded as possessing a wide knowledge of such matters. The Case of Senator Jones. There is much comment on the proposi- tion to appoint Senator Jones of Arkansas on this commission. The governor of Ar- kansas, a political opponent to the senator, has notified the President that he seriously objects to having Mr. Jones appointed to this place as a democrat, as he does not regard him as a democrat. Senator Jones is chairman of the democratic national committee, and last winter when the canal bill was befor, he voted for the Spooner ame oring the pur- chase of the Panama canal if a good title could be secured to that property. + wee TRIAL OF THE MAINE. Board to Conduct It Appointed by Act- ing Secretary Darling. Acting Secretary Darling of the Navy Department appointed a board to con- duct the official trial of the battle ship Maine. The board is composed of the fol- lowing named officers: Capt. Charles J. Train, Capt. Wm. W. Mead, Capt. Charles R. Roelker, Naval Constructor J. J. Wood- ward, Commander Walter C. Cowles, Lieut. Commander J. R. Edwards and Lieut. Com- mander F. H. Bailey. The board will meet at Boston on the 2ist instant and inspect the vessel, which will then be given a t run over the Cape Ann course the next da She is required by contract to make a average of eighteen knots speed an hour in a run of four hours. ee TRADE BALANCE DECREASING. Imports and Exports for the Past Seven Months. The complete figures of the exports and imports for the month of July show that the the imports continue to increase and experts to decrease. For July the Imports were $79,206,220, against $7: in the same month of the year 1901. the seven months of the calendar year, ending with July, the total imports w $535,548,362, against $506,523,539, an increas for the period of $20,024,823. The exports for July were $88,807,960, against $109,452,510 in July, 1901, For the seven months of this year the total exports have been $727,004,123. Last year the total was $831,305,182, a decrease of $104,301,008. ‘The excess of exports over imports in July was only $9,601,740, the smallest figure in a number of years. For the seven months the excess of exports over imports was $191,455,761. For the same seven months of the year 1901 the excess of exports was $824,781,598, showing that the big difference that has existed for several years between re Personal Mention. Dr. L. E. Rauterberg has returned to the city, after a prolonged cruise in the lower Potomac in his yacht Alert. Mr. E. F. Warren and his two sons, Charles and Robert, are spending their Vacation at Ocean Grove. Mr. Tom Brown of this the Yarmouth, Atlantic txey., x eed ee Capt. Ferd McDonoush, who has been quite ill for several weeks {¢ @t the Iro- meting a ted His wi’e and niece, nied him there. : = the two is being slowly wiped out for some reason or othe ee New Assessments at Fort Monroe. Colonel Edward Hunter, judge advocate, and Lieut. Col. John P. Story, artillery corps, and Capt. C. P. Townsley, quarter- master, have, been appointed a board to meet at Fort Monroe, Va., for the purpose of revising the rules and regulations for civil assessments at Fort Monroe. The board will recommend to the Secretary of War a new apportionment of assessments against non-military residents for the cur- rent fiscal year.