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THE EVENING STAR. PUBLISHED DAILY, EXCEPT SUNDAY. Busines, Ciflco, 11th Street and Pennsylvania Avenue. ‘The Evenirz Star Newspaper Company. 8. H. KAUFMANN, President. New York Office: Tribune Building. Chicago Office: Tribune Building. ‘The Evening Star ts served to subscribers in the clty by carriers, on thelr own gccount, at 10 cemts Per week, or 44 cents per month. at 2 cents each. By mall—anyw! U.S. or Canada—postage prepaid—50 cents per month. Saturday Star, $2 pares, #1 per year; with for et tage added, $3.60. (Gutered at the Post Office at Washington, D. C., x5 mail matter. 7 All mall subscriptions must be paid In advance Rates of advertising made known on applicatior as second: Che Loe Star. No. 15,581. WASHINGTON, D. ©, MONDAY, FEBRUARY 2, MAY MODIFY DEMAND Indications Regarding the Attitude of the Allies. ACTIVITY OF FRANCE HAS HAD ITS INFLUENCE IN VENEZUELAN NEGOTIATIONS. Castro Cables That He Wants All Claimant Nations Accorded the Same Treatment. Minister Bowen is willing that the allied powers shall receive preferential payments of their claims against Venezuela for the period of one month provided they accépt the remainder of his proposition and agree to the immediate lifting of the blockade. Indeed, he so informed the representatives of the allies here several days ago, but has not yet received an answer. This import- ant fact was developed today by the an- nouncement from another quarter that the allies might be induced to modify their de- mand that they be paid before the other claimant nations, to the extent of content- ing themselves with preferential treatment for six months or perhaps a year. There is no {ndication as yet that they will consent to cutting this t!me to a month, as has been suggested by Mr. Bowen, but owing to the y which France and the other claim- ations are showing regarding the pro- tection of their interests in Venezuela it will not surprise the officials here if the allies yield on that point. President Castro’s Message. The situation is somewhat complicated by the action of President Castro in ca- bling to Washington that he desires that all the claimant nations be accorded the same treatment. This message from President Castro was received in Washington yester- day just as indicated In the advices from Caracas, and Mr. Bowen will at once ac- quaint the allies with its purport. The Attitude of the Powers. France has it in her power to continue the present deadlock in the Washington negotiations. For while the other unallied@ claimants have outstanding against Ven- ezuela certain unadjusted claims, all of the French claims are in a very forward state. France contends that so far from assisting her fn the of her Venezuelan claims, the if anything, has hampered her, in that it has closed all the Venezuelan ports to commerce and has prevented for the time being the collection of the 13 per cent of the receipts pledged her by treaty. It is the hope of the repre- atives of the allies here that in case their governments accept in principle the Kind of compromise suggested they will asist that the period for preferential ts be made so long as to prevent acceptance by the other claimant n. Mr. Bowen has been assured th the representatives of the allies here will give him a final answer at the earllest pos- moment. Meantime, exchanges are in progress between the allied govern- ments and their respective embassies here in the effort to agree a plan of settle- ment that will be ptable at once to Venczuela_ and to the alliance of France, Belgium, Spain, Denm Holland, N way, Sweden and the United States. No Result for Two Days. LONDON, February 2.—The answer of Venezuela to the rejection by the allied powers of her proposal to treat on an equal- ity the claims of all nations, without giving S preference, has not yet been re- , nor has any definite counter pro- posal been made. It {s not expected here that the negotiations looking to a mise, which are now going on in V ton, will reach a head for at least two days. ———_+<+<+—__ LOUIS FOSTER DROWNED. Brother of Clarence, Who Shared a Similar Fate. GOOD GROUND, L. L., February 2.—The body of Louis Foster, who has been miss- ing since Friday afternoon, when he went oystering in Tiana bay, was found last night near the shore. Louis Foster was a brother of Clarence Foster, who was drowned with Sarah Lawrence last June in Tiana bay, and for whose alleged mur- der Louis A quitted. 1 y was tried and ac- w a gale on Friday believed that young jt boat was upset and that he tried to swim ashore, but perished. ++. FOG RESPONSIBLE FOR SHOOTING One Man Wounded and Another Prob- ably Fatally Shot. CHICAGO, February A dense fog which settled down over Chicago last night was the cause of the prob: fatal shoot- ing of one man, wounding of another and a number of accidents in different parts of the city. A collision of pedestrians, which, the vie- tims say, was due to the fog, led to the shooting of Patrick Watsh, probably fatally wounded, and his companion, Patrick No- ded, by two Italians with whom they collided at Fulton and North Halsted streets. The assailants escaped in th€ mist without pursuit. The fog seriou impeded all traffic. Even in the down-town district the at- mosphere was so misty that motermen and cab drivers experie difficulty in avoid- accidents. Fai rr out extraordinary jon was necessary to avoid collisions. Sweet cars moved slower than usual and elevated trains were also delayed. —~~++___. PLEASED WITH HIS VISIT. Gen. Miles Tells of His Interview With British King. LONDON, February 2.—Lieutenant Gen- eral Miles, who returned here from Wind- sor today, said to a representative of the Associated Press: “The king rece!ved me most cordially, re- called pleasant memories of our visit here at the time of the jubilee and spoke as friendly as ever of America. He showed keen Interest in the far east, on which sub- ject I was able to give him some informa- eon Altogether it was a most pleasant visit. “The king sald he hoped the Prince and Princess of Wales would be able to visit America. Nothing, however, is definitely settled. Gen. Miles declined to discuss either the Venezuelan or the Philippine questions. By what the general terms “a mistake on the part of somebody here, Mrs. Miles was not invited to Windsor castle. ++. Victory for Dutch Strikers. AMSTERDAM, February 2.—At a meet- {ng of 5,000 strikers here today a com- munication from the transport companies was read, acceding to all the demands of the men. The strike. thus ended. 7 , ee STATISTICS ON MINING FURNISHED TO THE STRIKE COM- MISSION TODAY. W. W. Ruley, Who Compiles Facts and Figures for the Government, * on Stand. —_ PHILADELPHIA, February 2.—Statisti- cal testimony was presented today by the Reading company to the anthracite coal strike commission. W. W. Ruley of this city, who conducts a bureau maintained by the coal-carrying railroad companies for the purpose of collecting statistics concern- ing the hard coal production, sald the United States government utilizes the data collected by his bureau. He said his re- ports were based on the statements fur- nished monthly by the railroad companies. ‘A. C. Wilson of Pottsville, a land agent In the employ of the company, testified to the amount of taxes paid by the corpora- tion on the mining region. Statements were introduced showing the average annual earnings of employes other than mine workers in a number of Penn- sylvania cities. The number of wage earn- ers affected by these statistics was 478,780, the average individual earnings being given as $462 annually. Tables showing the comparative bank sta- tistics of the anthracite, bituminous and agricultural sections of Pennsylvania were also presented, the per capita deposits in the hard coal region being given as $81.50. A statement of the tax statistics showed the value of taxable property in the an- thracite region to be $215,589,152. Counsel for the mine workers today took occasion to correct the statement published recently that the union had withdrawn its demand for payment by weight in the Schuylkill region. The demand had never been made, he said, with regard to the Schuylkill field, and consequently it could not have been withdrawn. Counsel for the Reading company, in a statement to the commission, said Presi- dent Mitchell of the United Mine Workers had said that President Baer of the Read- ing company had charged the mine work- ers with the responsibility for twenty-one murders. during the recent strike. Mr. Baer, counsel said, desired to correct the impression. He had never made the charge that twenty-one murders had been com- mitted by members of the union. ——_*-+ -____ BU HAMARA DEFEATED. Pretender to Moorish Throne Utterly Routed by Sultan’s Forces. TANGIER, Morocco, February 2.—The de- tails of the sultan’s victory Thursday over the forces of the pretender Bu Hamara, show that the battle was stubbornly con- tested, and that the former's success was largely due to the co-operation at a criti- cal moment of the Ben! Ourin tribe, whose defection from the rebels the sultan had previously purchased. The artillery of the imperial forces, which were commanded by the minister of war, El Menebhi, consisted of elght Maxims and four Krupps. The sultan's troops opened the attack early in the morning and short- ly afterward the pretender’s camp was as- sailed in the rear by the Beni Ourjns. In spite of the surprise and disadvantages of position the rebels stubbornly maintained their ground and desperate fighting con- tinued for three hours. The slaughter was very great. The remnants of the rebel army then broke, abandoned their camp and fied in the direction of Taza. ‘The imperial troops are pursuing the fugitives, and if Bu Hamara is not among the slain his capture is confidently expect- ed. El Menebhi is pushing on toward Taza with the object of entirely crushing the re- bellion and punishing the disloyal tribes. He reports that he found the rebels much more numerous than expected, but that he captured all their war munitions. There is great rejoicing at Fez as a of the victory of the sultan’s forces. result A dispatch from Tangier yesterday says: The sultan’s troops have utterly routed the forces of the Moorish pretender and cap- tured Bu Hamara himself. A special courier who arrived today, after making a record journey from Fez, brought this news. He reports that at daybreak last Thursday the army of the sultan, com- manded by the war minister, El Menebhi, attacked the pretender’s position, and in- flicted a complete defeat on his following, at the same time capturing Bu Hamara. Another runner who has reached here from Fez confirms the news of the defeat of the rebels, but says that the report of the capture of the pretender is incorrect. He adds that it is uncertain whether Bu Hamara’s body was among the great num- ber slain. The sultan’s victory was abs lute, almost the entire following of the pre- tender being either slain or captured. His camp, provisions and ammunition were taken, and the artillery which was lost by the sultan’s army In the battle of Decem- ber 23 was recaptured. Even if Bu Ha- mara escaped, it is hopeless for him to seek to retrieve his defeat, as his claim that he is a saint is exploded. The détails regard- ing the battle are theager, but it is known that the pretender’s camp was surprised and rushed at dawn. There are great rejoicings here at the sultan’s victory. —~++>__ KING EDWARD HAS COLD. Visit to Duke and Duchess of Devon- shire Postponed. LONDON, February 2—King Edward and Queen Alexandra were to have gone on a vistt to the Duke and Duchess of Deyon- shire, at Chatsworth, this afternoon, but their departure was postponed at the last minute, the reason being given that the king was suffering; froma feverish cold. He was planting trees, at noon, gome dis- tance from Windsor castle and appeared then to be in excellent health and spirits. —++-___. Whole Crew of the Avona Drowned. RINGKJOEBING, Denmark, February 2. —It became known today that all the mem- bers of the crew, numbering twenty-four men, of the Norwegian steamer Avona, from New Orleans, which went ashore yes- terday at Lemvig, Denmark, were drowned. ——_++<-_ Rev. Waygood Accepts Call. SCHENECTADY, N. Y., February'2—The Rev. Walter H. Waygood, pastor of the East Avenue Presbyterian Church in this city for the last ten years, announces that he has accepted a call from the Carmel Pres- byterian Church of Glenside, a ‘suburb: of Philadelphia. ——-ss Two Prisoners Burn to Death. BERLIN, N. H., February 2—John Ta- gacy and Roland Harriman, two prisoners in the lock-up, lost their lives in a fire in the city building last night. The money loss was small. Ex-Secretary Long Improving. BOSTON, February 2—The condition of former Secretary of the Navy John D. Long showed continued improvement early today and was in every way satisfactory to the physicians. The family physician, Dr. J. Winthrop Spooner, said Mr. Long had passed a very comfortable night and was more rational in mind. At 10:30 today the following official bul- letin was issued: : “Mr. Long holds the improvement’ of yes- terday. He had a comfortable night. after midnight.” ; GETS A NEW BUILDING BILL FOR HOME FOR DEPART- MENT OF AGRICULTURE. Passed by the House Today Without Opposition, but With Several Amendments. ‘The Senate bill making appropriation for @ new building for the Department of Ag- riculture was passed by the House today without opposition or debate. Several amendments, however, were adopted, hav- ing been reported from the Housé commit- tee on public buildings and grounds. The most important of these was one cutting down the cost of the building from $2,500,- 000 to $1,500,000, Another provides that the new building shall accommodate the De- partment of Agriculture, “including all of its bureaus and offices now occupying rent- ed quarters in the District of Columbia.” The location of the new building is fixed by an amendment as “immediately in the rear of the present building.” The House was doing business under “suspension of the rules’ this morning, when Mr. Mercer, chairman of the public buildings and grounds committee, called the bill_up. Mr. Richardson, the democratic floor leader, insisted that a ‘‘second” be ordered, a parliamentary procedure which gave to each side twenty minutes to debate the bill. He explained, however, that he had no ob- jection to the bill, but had not been inform- ed that it was to have been called up. Mr. Mercer explained briefly the great need for the new building on account of the crowded condition of the Department of Agriculture. He said the bill had received the unanimous indorsement of his committee. Mr. Richardson said he would yield his twenty minutes to any one who wished to oppase the bill, but there was no response, and the bill was passed without an object- ing vote. The Bill-as Passed. The bill as passed reads as follows: “That the Secretary of Agriculture be, and he is hereby, authorized and directed to cause a suitable and commodious fireproof building, for the use and accommodation of the Department of Agriculture, including all of its bureaus and offices occupying rented quarters in the District of Columbia, to be erected on such portion of the grounds of the Department of Agriculture belonging to the United States as he may deem expe- dient immediately in the rear of the present building, said building to be constructed in accordance with the approved plans hereto- fore secured in pursuance of the provisions of the act of Congress approved March 2, 1901, and he is hereby authorized, after due advertisement for proposals, to enter into contracts within the limit of cost here- by fixed, and subject to appropriations to be made by Congress, for the erection of said building complete, including heating and ventilating apparatus, elevators and ap- proaches, and the removal of the present building or buildings of the Department of Agriculture on said grounds. “That the supervision of the construc- tion of said building shali be placed in charge of an officer of the government es- pecially qualified for the duty, to be ap- pointed by the Secretary of Agriculture, subject to the approval of the head of the department in which such officer is em- ployed, who shail receive for his additional services an increase of 25 per centum of his present salary, such increase to be paid out of the appropriation for the building herein authorized. “That the limit of cost for the construc- tion of said building complete, including heating and ventilating apparatus, eieva- tors and approaches, and the cost for re- moval of the present building or build- ings of the Department of Agriculture, 1s hereby fixed at $1,500,000, and no contract shall be entered into or expenditure au- thorized in excess of said amount.” ‘The bill passed the Senate last June. or —_______ TREASURY CHANGES. Official Announcement of Appoint- ments and Promotions. The following changes in the classified fervice of the Treasury Department are announced: Appointments on certification by the civil service commission: Office of the supervising architect—Arthur G. Pettelkow, Wisconsin, $1,200; Oscar L. Housal, Illinois, $1,200; Harry R. Warne, West Virginia, $840; George P. Hales, Mas- sachusetts, $340; Henry A. Belts, Wiscon- sin, $1,200; Wayland T. Robertson, Rhode Island, $1,400; Warren G. Noll, Pennsyl- vania, $1,000. Office of auditor for the War Department —John H. Skaggs, Oklahoma, $660; Elam W. Roberts, Indian territory, $660; L. George Asbury, Louisiana, $660; Charles W. Garrett, Oklahoma, $660; Charles F. Dutton, Louisiana, $660; Charles A. Best, Kansas, $660. Office of coast and geodetic survey—Al- bert R. Hunter, New Jersey, $110 per month; Wm. H. Stanford, Pennsylvania, $110 per month; Gilbert F. Rude, Maryland, $60 per month; Arthur H. Wise, New York, $110 per month; Jay H. Egbert, Massachu- setts, $110 per month; John S. Collins, North Carolina, $720. Office of auditor for Post Office Depart- ment—Max B. Baldenberg, California, $660. Office of the Secretary—William A. Eas- terday, Kansas, $660. Reinstatement:—Office of the Secretary— Isaac J. Weeks, Arkansas, $720. Appointments by transfer from other de- partments: Office of auditor for Navy Department— Wm. M. Gulick, North Carolina, $1,000, by transfer from Interior Department; Jacob C, Forman, Texas, $1,000, by transfer from Interior Department. Office of supervising architect—Eben W. White, New, York, $900, by transfer from War Department. Office of lighthouse board—Albert H. Kel- ler, Iowa, $1,000, by transfer from War Department. Promotions: Office of auditor for Navy Department— Charles F. Dubois, Pennsylvania, $1,000 to $1,200; Miss Maggie Meley, Tennessee, $1,- 000 to $1,200. : Office of auditor for Post Office Depart- ment—Miss Mary W. Fox, Pennsylvania, $720 to $900; Miss Mollie Crandall, District of Columbia, §600 to $660. Office of controller of the currency—Miss Julia A. Snell, Michigan, $1,400 to $1,600. Office of the rigister of the treasury—Wm. F. DeKnight, South Carolina, $1,200 to $1,400; Miss Hannah M. Mann, New Jersey, $900 to $1,200; Miss Alice 8S. Jemison, Dis- trict of Columbia, $720 to $900. Office of life saving service—Oliver M. Maxam, Indiana, $1,800 to $2,000. Office of auditor for the War Department ment—Miss Sabina Davitt, Pennsylvania, $1,000 to $1,200; James M. Delaney, Wash- ington, $900 to $1,000. Office of coast and geodetic survey— George Olsen, Florida, $100 per month to $110 per month. Office of the Secretary—Heber Butts, Mis- souri, $1,000 to $1,200. ———_-—__—_ Bill to Tax Sleeping Cars. ‘Spectal Dispatch to The Evening Star. RICHMOND, Va., February 2.—Senator Sale has introduced a bill to levy a tax’ of one-half cent per mile on ail dining, parlor and sleeping cars traveling In this state. The tax is to be collected by the corporation commission. . _ = Senator Claytor has introduced a bill to make invalid any agreement between ship- pers and common carriers for loss or dam- age sustained by consignments while in custody of carriers, : 1903—TWENTY PAGES. TWO CENTS. “Out of sight out of mind” is the f.te of the store whose ads. are discontinued, | AT THE WHE HOUSE Applicants for a Circuit ~ Sudgeship, IS NOY YET VACANT > s * BEING PRESSED: Alleged Discrimination in Promoting and Retiring Army Oficers— Some of Today’s Callers. — Kentucky people continue to urge upon the Président the naming of Judge George DuRell of Louisvillé for circuit judge of the sixth circuit. to succeed Judge William R. Day, who is to be nominated for justice of the Supreme Court of the United States to succeed Justice Shira¥” Judge DuRell is one of the justices Of the Kentucky court of appeals, having held the position seven years. Senator Deboe, Representatives Erwin and Moss and John W. Yerkes, com- missioner of internaf!revenue, called on the President this morning to further urge the name of Judge DuRell. The President gave no indication that”his mind is made up as to a man for the circuit judgeship. The sixth circuit is composed of the states of Ohio, Michigan, Kentucky and Tennes- see, and there will probably be a number of candidates. Senator Hanna is’ trying to induce the President to promote Judge Albert C. Thompson of the southern district of Ohio to the vacancy that will exist in the clr- cuit bench. Judge Thompson is well known in Washington. He was a member of Con- gress from the Portsmouth district for a number of years, and for-nearly two years served under President’ McKinley as 2 member of the commission that has been codifying the criminal laws of the councry. From his position on-that commission he was elevated to the bench by President McKinley, the appointment having been made December 28, 1898. Senator Foraker, who saw the President today, is said to be urging the nomination of John K. Rich- ards, solicitor general’ of the Department of Justice, for the cireuit esurt judgeship. Mr. Richards was attorney*general of Ohio when the late President McKinley was gov- ernor of that state, and immediately upon coming to Washington as ehief executive Mr. McKiniey named Mr, Richards as so- licitor general of the depattment. He has held the place ever since. Should Judge Thompson be promoted to the circuit bench, as mhany*believe may be the case, his successor"on the district bench would have to be selected: Judge Hollis- ter of the state courts of Ohio is mentioned for the district’bench should there be an crening. Mr. Richards might be pressed for the position and ind to accept it. It is said to be Itkely that the Michigan congressmen may Conclude to put forward a canditate fer the circuit bench, althou Judge Severens is eredited o Michigan on that circuit Kentucky is*the only state lacking representation If the circuit. She has been without feprasentation a long time and this fact may take her candi- date a streng One for the vacancy. Mr. Van Devanter Accepts. President Roosevelt late Saturday signed the bill passed by Congress creating an ad- itional judge for the eighth judicial cir- cuit, and made a formal tender of the Judgeship to Willis Van Devanter, assistant attorney general for the Interior Depart- ment. The offer was accepted. -‘The-seiec- tion of Mr. Van Devanter had been fore- ¢asted in The Star. The Minnesota dele- gation in Congress tried to land the place for Representative Page Morris, who will retire from Congress with the close of this session. Minnesota is one of the states in the circuit. Promoting and Retiring Army Officers. Three or four of-the President’s congres- sicnal callers today spoke to him in behalf of army officers who are seeking promo- tion. A United States senator of influence talked with the President for some time about the system of promoting and retiring officers. The system is sald to be causing some dissatisfaction because of alleged dis- crimination in the selection of officers to be promoted and retired. “It is likely the President will lopk-into,the matter. “Rep- resentatives Reeves. and Mann of Illinois asked the President to-promote to briga- dier general Colonel Arthur L. Wagner, who is now serving. aS adjutant general of the department of the lakes. Repre- sentatives Dalzell and several other callers discussed army appointments with the President, requesting promotions. Senator Elkins in. Conference. Senator Blkins hada conference with the President as to general matters in Con- gress. He discussed, among other things, his anti-trust interstate commerce bill, now pending in the Senate. He believes that this bill will pass the Senate‘and go to the House, and that it will make effective legislation if enacted into law. Senator Elkins joined Senator Quay, who had calléd on the President earlier in the day, in a request that Pittsburg be created a separate district in river and harbor mat- ters. Senator Quay has seen the Presi- dent three consecutive mornings. He Is al- ways the first caller and gets away ‘be- fore most of the others reach the offices. Senator Platt of New York talked to the President on some New York matters, and Senator Platt of Connecticut made a busi- ness call. Senators Beyeridge, Foraker, Bard, Perkins, Pritchard, Berry and Rep- resentatives:. Hepburn, Reeder, Haugen, Padgett; Sheldon, William A. Smith, Nevin, Grosvenor, Hiliott, Sehiym® and Cushman all saw and talked withthe President, either for the purpose of‘{ntroducing friends or some business. the Foreign Relat#ons Committee. The committee on foréign'Telations of the Senate was again in 4 lof today, the en- tire time being taken tip ina discussion. of amendments to the catial ‘tfeaty offered by ‘Senator Morgan. “Every amendment that has so far been Presented by Mr. Morgen,awd acted on has been voted down. If'ts Whderstood that {white some memberg* of “the committee might be inclined to deegpt' many of these amendments if they qwere ffaming a treaty .to be submitted for ratification, yet. the fact that great delay would ‘be experienced if the treaty is not taken in its present form, and the further fact that in'a general way itis regarded as fairly well serving the pur- pose of the United States. fs sufficient to cause the committee,’ with the exception of Mr. Morgan to accept it just as it is. There is little doubt.that ev. ent to be offered by Mr.°Morgan be voted down for these r s = How-much taken up by Mr. Morgan in the of the ity in that ‘Ro, one to Beanie é ‘sol a is ap) ‘be able to solve. enone ocetae. ae er tomor- row mo! B held daily until The ate ¢ Ve “The committee has reached Bec- tion of SBA srensy: ie whee . Sena said in the ¢ of his discussion of the. queagion that his only. pure | GROUND HOG: “I Know It’s a Pity, but I’ve Got to Go Back.” would be no trouble in the future. He de- clared that his interest In the proposed ca- nal is as great as it would be if the Nica- ragua route had been chosen. He felt, he said, that the document in its present shape did ‘not guard details as carefully as it should, and he urged his amendments as calculated to accomplish that end. —$ ro SURPLUS FOR JANUARY. Statement of Government Receipts and Expenditures. The monthly comparative statement of the government receipts and expenditures shows that for the month of January the total receipts were $45,996,337 and the ex- penditures $42,632,243, leaving a surplus for the month of $3,364,004. The receipts from the several sources of revenue are given as follows: Customs, $24,187,853; increase, $1,750,000; internal revenue, $18,135,152; decrease, $2,- 717,000; miscellaneous, $3,673,332; increase, $400,000. The expenditures on account of the War Department show a decrease of $2,000,000, and an increase of about $1,900,- 600 on account of the navy. Government receipts from internal reve- nue today were $1,003,074; customs, $765,- £50; miscellaneous, $3,139,703; expenditures, $2,640,000. NATIONAL BANKS EXEMPT. Not Amenable to Laws Regulating State Institutions. The case of Easton vs. the state of Iowa was decided by the United States Supreme Court today in favor of Easton, thus re- versing the supreme court of the state. The case involved the applicability to na- tional banks of state laws regulating state banks. In this instance Easton wag presi- dent of a national bank at Decorah and he was sentenced to five years’ imprisonment under the state law for aecepting a deposit of $100 when he knew his bank to be in- solvent. The decision was delivered by Justice Shiras, who said that state laws for tae regulation of state banks do not extend to banks incorporated under an act of Congress. NATIONAL BANK CIRCULATION. Increase for the Month of January $956,238. The monthly circulation statement issued by the controller of the currency shows that at the close of business January 31 the total circulation of national bank notes was $383,973,546, an increase for the month of $956,238. The circulation based on United States bonds amounted. to $340,587,939, an increase for the year of $18,300,548, and a decrease for the month of $1,539,905. The circulation secured by lawful money amounted to $43,385,607, an increase for the year 0. $6,219,383, and an increase for the month of $583,667. ‘The amount of United States registered bonds on deposit to secure circulating notes was $342,903,520, and to secure public de- posits $153,402,070, of which amount $19,502,- 500 was in state and city bonds. The monthly coinage statement shows that the total coinage executed at the mints of the United States during January was 563,088, as follows: Gold, $7,635,178; sil- ver, $1,717,000; minor coins, $220,910. <r SENT BACK FOR TRIAL. Another Step in the Celebrated Hill- mon Insurance Case. _ ‘The , celebrated Kansas insurance case which grew out of the alleged death of John ‘W. Hillmon in that state in 1879 was today sent back to the trial court for the sixth trial. Hillmon’s life was insured in the Connecticut Mutual Life Insurance Com- pany for $35,000, and when his death was reported the payment of the policy was re- sisted on the ground that ‘he entered into a conspiracy with others to disappear, have the report circulated that he was dead, then substitute the corpse of another man and claim payment on the policy. Hillmon dis- appeared while traveling on the plains with a@ man named Brown, who swore that he had been killed by the accidental discharge of a gun. ‘The case ‘has been in the courts ever since. The circuit court of appeals for the eighth cireuit at the last nearing decided the case in ‘favor of the claim of the widow of the insured man, but the Supreme Court re- versed the opinion on the ground of errors in the trial. The opinion was delivered by’ Justice Brown, Justices Brewer and White dissenting: ARMING THE MILITIA. Arsenals at Springfield and Rock Is- land to Be Kept Busy. In accordance with the terms of the new militia. law recently enacted by Congress the entire citizen soldiery of the country is to be supplied the regular army service rifle. ‘The state militia organizations ag- gregate approximately 115,000 men, nearly double the number of the regular army es- tablishment. They will be furnished their new arms as rapidly as they can be manu- pose was to perfect treaty so that there | factured by the national arsenal at Spring- | field, Mass. In addition to this, the War Department is installing a plant at the Rock Island arsenal for the manufacture of the service rifle, though it will be some time be- fore it is ready for work. The department has on hand a large reserve supply of rifles, sufficient almost to equip the militia, but will rely mainly on the product of the armories, as the officials prefer not to draw on the reserve too heavily. 0. _____ CAPT. CONVERSE REPORTS. Trying to Account for the Disaster on the Massachusetts. The Secretary of the Navy has received a report from Capt. G. A. Converse, com- manding the battle ship Illinois, president of the board appointed to investigate the re- cent explosion in the twelve-inch gun tur- ret of the battle ship Massachusetts three weeks ago, in which nine seamen lost their lives. Captain Converse says, in part: “It appears that the-gun was loaded, the breech locked, primed and ready for elec- tric firing. One of the gun’s crew cocked the firing locks, which’ broke the electric current. Consequently the gun could not be fired electrically, as ordered. It then be- came necessary to restore the electric con- nection by lowering the hantmer of the fire lock. _It-is supposed. that,-féearing- that the lock might slip. while being lowered and thus fire the gun prematurely—the primer in use discharged. by electricity and per- cussion—an order was given to open the breech in order that the plug might be turned away from the gun before letting the hammer of the firing lock down. It appears probable that in so doing the lan- yard which fires the lock must have been caught or pulled accidentally, thus dis- charging the primer. A sheet of flame shot from the primer into the gun, where lay the powder charge, and the explosion oc- curred. The primer was removed from the gun after the explosion, and found to have been fired by percussion.” or —_—____ Portrait of Chas. Emory Smith. Chief Clerk Blaine W. Taylor of the Post Office Department received this morning a life-sized, ‘half-length painting of Mr. Charles Emory Smith, ex-postmaster gen- eral, which is to be added to the collection of similar pictures now in the Post Office Department. The picture is an “excellent likeness, and has been set up temporarily in the main corridor of the Post Office De- partment. The picture was painted at the order of the department in Philadelphia. It was finished only a few weeks ago and was placed in a handsome frame. In transit to this city the frame was damaged, and this damage will have,to be repaired before the picture can be hung in the Postmaster Gen- eral’s office with the pictures of-other for- mer heads of the department. re —_. Prohibiting Excessive Fortunes. Senator Wellingtog has introduced an amendment to the Constitution prohibiting the holding of fortunes exceeding $10,000,000 by any one individual in the United States. In case of such holding the amendment provides that “the excess shall all be con- demned, whether or not as a public nui- sance, a public folly or a public peril, and be accordingly forfeited into the United States treasury.” or ____ Mrs. Roosevelt a Spectator. Mrs. Roosevelt, wife of the President, was among the spectators in the United States Supreme Court today, and’ was ac: - panied by a number of friends. Sa or _____, To Prohibit Polygamy. A joint resolution has been introduced in the House by the chairman of the judiciary committee proposing an amendment Constitution prohibiting polygamy. aa or —_—_____ Corporations Liable for Damages. Representative Randell of Texas has in- troducé@ a bill to render certain’ corpora- tions operating in the Indian territory la- ble for damages sustained by employes as a result of negligence on the part of the corporations. ——— oe __. To Carry Out Recommendations. The House committee on patents has fa- vorably reported the bill carrying out cer- tain recommendations of the international convention at Brussels having under con- sideration patents and trade marks. C—O —— Fireman.at Naval Observatory. Stephen F. McMahon of Virginia has been appointed a fireman at $720 a year at the naval observatory, to take the place of Mr. Nihon, who has been transferred to the ‘Treasury Department. rr. _ Cadet Newbern’s Resignation. ‘The resignation of Cadet St, Clair New- pay is accepted by the Secretary of ve me er Naval Orders. Lieutenant R. H. Osborn has been grant- -ed six months’ sick leave. Mate J. M. Creighton has been ordered to the Franklin. ‘Warrant tired. . gether, and that the. joint ‘| ence which held together Machinist J. Hill has been re- | viding for E southern GUARDED BY MILITIA Street Cars at Waterbury Run on Time, CROWDS HISS TROOPS: POPULACE IN SYMPATHY WITH THE STRIKERS. Several of the Men Who Were Hurt. Saturday Are in Critical Condition. WATERBURY, Conn., February 2—With companies of the Ist and 2d Regiments, Connecticut National Guard, quartered in various parts of the city ready for an emergency call on account of the trolley strike situation, the Connecticut Railway and Lighting Company officials: reopened their lines for business this morning. The first car was sent from the barns at 5:30 o'clock and traffic was soon under way on all the lines. There were few passengers on the early cars. No disturbances were reported. One of the companies of the National Guard was sent to igatuck this morning and will be quartered there, doing duty that end of the car line from Up to 8 o'clock the ether compan reached here last night were still quar in the buildings where they spent night. the Throngs on the Streets. The streets about the business section were thronged all the morning, but the police kept the crowd moving, and although a number of arrests for drunkenness were made, there were no serious disturbances. General Manager Sewell of the Connecti- cut Railway and Lighting Company said to- day that ars would be run regular schedule day night from now on, and that soldiers will ride as a guard on every. car after sunset. Alexander Winthrop, a non-union motor- man, who was pulled from his car ana beaten and trampled or atur- 3 in a The physic fear that Eighteen other non-union motor d conductors are at the car barns suffering from injuries re- ceived Saturday night. All of them have wounds caused by the fusiliade of stones and pieces of flying gl: S. +22 1 RULING ON CIRCUS POSTERS. The Supreme Court Holds They Are Protected by Copyright Law. In an opinion handed down by Justice Holmes the United States Supreme Court today decided that chromo Ithographic posters of a circus are properly protected by the copyright law. In the course of his opinion Justice Holmes said the ballet fs as legitimate a stibject of {llustration as any. ‘other. The opinion reversed the finding of the circuit court of appeals for the sixth circuit. The case was that of Bleistein agt. Donald- son, and was brought to prevent. the in- fringement, of copyright. Justices. Harlan and McKenna dissented. Copies of the post- ers were exhibited by Justics Holmes. SS THE LESSLER BRIBERY CHARGES. Subcommittee. to Hear Report This Afternoon. ‘The subcommittee of the House commit- tee’ on naval affairs met this morning to begin the preparation of a report to be submitted to the full committee in the mat- ter of the investigation of the Lessler brib- ery charges. After a general discussion of the subject an adjournment was taken until 4 p.m. in order that a tentative drafi of findings might be prepared for the subcom- mittee’s consideration. ee Army Orders. Captains Hugh L. Scott, 7th Cavalry, and Lewis H. Strother, 224 Infantry, have been ordered before an army examining board at Fort Myer, Va., for examination for pro- motion. Leaves of absence have been granted as follows: Contract Surgeon C. R. Byars, one month; Captain John ‘H. Whoiley, 2d In- fentry, two months’ extension on account of sickness; Major Frederick G. Hodgson, quartermaster, four months, with permis- ston to go abroad. Captain William R. Smith, Artillery, Corps, has been ordered to West Point, N. ¥., for duty at the Military Academy. Captain William M. Wright, 2d Infantry, aid-de-camp, has been ordered to Hot Springs, Ark., for treatment at the army. and navy general hospital at that place. (Major Louis B. Lawton, retired, has been detailed as professor of military science and tactics at Shattuck School, Faribault, Minn. Lieutenant Colonel Edward A. Goodwin, recently promoted from major, 10th Cav- alry, has been assigned to the 9th Cavalry, Inspection of Health Records. A bill to provide for the inspection of the records of the health office has been intro- duced in the Senate by Mr. Gallinger. It provides that records of births and deaths of the health office shall be open to inspec- tion by any person who, in his own right or in the right of some other person in whose interest he may act, has a substan- tial interest in some matter contained, or reasonably believed to be contained, in such records. rer Carpenters and Joiners Strike. WILKESBARRE, Pa., February 2.—Six hundred carpenters and joiners in the Wy- oming valley went on strike today because the building contractors refused to grant them an-increase of wages from $2.25 to $3 a day. ——_+++—__ Cadet Terry Resigns. ‘The resignation of Cadet Charles Hollen: Terry, fourth class, United States Military: Academy, has been accepted by the Secree tary of War. May Be Another Strike. INDIANAPOLIS, Ind., February 2.—The Indiana, Ohio and Illinois and western Pennsylvania operators and miners carried on their conference’ behind closed doors to- day and the Joint scale committees were at work threshing over the demands. ne edictions are made e quarters The tniners and operators wi not get to- wage. confer- four years will go to pieces. Another Judge for New York. Senator Depew tcday reported favorably from the committee on judiciary @ bill prot additional judge for the of New York. an district