Evening Star Newspaper, April 10, 1905, Page 1

— THE EVENING STAR WITH SUNDAY MORNING EDITION. Business Office, 11th Street and Pennsylvania Avenue. The Evening Star Newspaper Company. 8. H. EAUFFMANN, President. New York Office: Tribune Building. Chicago Office: Tribune Building. ‘Tho Evening Star, with the Sunday morning edi- tion, is delivered by carriers within the city at 50 cents per month; without the Sunday moraing edl- tion at 44 cents’ per mouth, By mail, postage prepaid: Datly, Sunday included, one month, 60 cents. Daily. Sunday excepted, one month, 60 cents, Saturday Star, one year, £1.00. nday Star, with Sunday Magazine, one year, $1.80. The Evening Star No. 16,268. WASHINGTON, D. ©. MONDAY, APRIL 10, 1905—-TWENTY PAGES. TWO CENTS. ALL EVES ON THE SEA Intense Interest Over Forth- coming Naval Fight. THE SCENE OF ACTION SPECULATION AT ST. PETERSBURG AND TOKYO TODAY. Russian Opinion Battle Will Be Fought Off Pescadores Islands—Japanese Question Contest. A cablegram from Paris says: The St. Petersburg correspondent of the Petit Parisen declares that the Russian admiralty has received two long dispatches from Admiral Ro- jestvensky. The opinion prevails strongly with the admiralty that the forthcoming naval action will be fought off the Pescadores Islands, where, it is stated, the Japanese have established a naval base. ‘FEELING AT ST. PETERSBURG. Diversity of Opinion as to Outcome of Naval Fight. ST. PETERSBURG, April 10.—The out- burst of enthusiasm aroused in military and naval circles at the prospect of a sea fight which may change the whole complex- jon of the war finds no echo In the liberal press, which clews with something akin to alarm even the remote possibility of @ turn of fortune which would strengthen the government at home. ‘The Chauvinistic organs, however, are filled with long articles discussing Admiral Rojestvensky’s chances, but they are ail based on the theory that the whole squad- n has reached the China sea. Novoe Vremya highly commends the admiral for having safely accomplished the difficult, feat of bringing the squadron rough, declaring the die is now cast. rse Gazette manifests undisguis- ed pleasure at the scare in British shipping cireles and the flurry in insurance rates produced by the sudden appearance of the Russian squadron off Singapore after the British had convinced themselves that the n would nev go to the far e ie "says the Bourse Gazette, “now yse the mastery of the sea, to- r successes 1. to r with the fruits of all i land." Othe papers express doubt as to ra sea fight is imminent, expressing whe the opinion that Rojestvensky is likely to await Rear Admiral Nebogatoff and that Admiral go will retire closer to his base before accepting battle. riet orders have been Issued to the of- s on duty at the admiralty not to make » any portion of the long report which here yesterday, from Singapore. hing is procurable in regard to the bouts of the battleship Krliaz Sou- varoff other Russian warships reported to be missing from the squadron which passed Singapore. It is said they may be following as a sec- ond dis anxiety is manifested at the admiralty, where the Associated Press was informed in reply to a question that n press pre more worried about the location of vessels than we are.” Th to believe that Rojest- vensky is 1 the Kniaz Souvaroff and that the div which passed Lpore Saturday 1s in command of a rear admiral. SAW SHIPS AT ANCHOR. Russian Squadron Reported 150 Miles Northeast of Singapore. SINGAPORE, Straits Settlements, April 10.—The latest information in regard to the Russian squadron commanded by Rear Ad- mir: ich passed here Saturday aft ought here today by the Brit egory Apcar. The lat- ter hted ‘the Russian ships twe theast of Manki, f of the Anambas group, about orth-northeast of Singapore. ns were at anchor when the assed them so been received 1 p effect t to at four warships, apparently Japanese, off Cape St. James, near Speculation at Tokyo. TOKYO, April 10.—Vice-Admiral Rojest- vensky’s second Pacific squadron has not been reported here since it passed Singa- pe Its whereabouts and the plans of Vice-Admiral Rojestvensk subjects of the keen It Is qu general speculation. generally assumed that Vice- Rojestvensky does not desire an miral immediate battle, and that he will at- tempt to reach Vladivostok, where there are docks and shops, or selze a base. The latter course Is deemed unsatisfactory on vant of th fe poor faetlities and the danger cal complications. Many belleve Russian naval commander has a Hezvous in thi fle ocean, and that he will sp. China nd go eastward of the Philippines. If Vlad!- ve ve, the Pactfic 1s con- Bik favorable for the ac- purpos although {t -Admiral Rojes nd put ex- ve upproach of Pacitic adron, as in t to v the ung nfidence ability s fle nit American Ships Patrol Coast. MANILA, April 10.—The American vice- consul at Singapore reports that a Rus! flee ting of six bat six converted crulsers, ¢ of A destroyers, one b d sixteen aded t lean er spital ship, colllers has p ¥ Raleigh, y the tor- and Chauncey 1 Alvyado have p » patrol the nforc destroyers are prep west coast of uartlity. Three i to sail. Ships of Dutch Squadron. YREDEN, Island of Java, April reported that the supposed Rus- sian ships sighted off Muntok are really the ships of the Dutch squadron, which has left its former anchorage under secret or- @ers and is now steaming nort! AMSTERDAM, April 10.—A telegram from Batavia, Island of Java, says nothing has been heard there of the Japanese squad- ron. The Dutch East Indies squadron is now at Tujo island, near Singapore. The battleship Hertog Hendrik of that squad- WEL .—It and the Japanese were | TRIAL 1S POSTPONED Prosecution Scored in Nan Patterson Case Today. IS DEFERRED ONE WEEK ON ACCOUNT OF SMITH FIGHT AGAINST EXTRADITION. Prisoner Not Taken Into Court—Special Panel of 200 Jurors—Ab- sentees Fined. The trial of Nan Patterson, on the charge of killing Caesar Young, which was to have been begun be- fore Recorder Goff in the court of general sessions at New York to- day, was postponed for one week upon request of the prosecution. NEW YORK, April 10.—The postponement of the trial of Nan Patterson was granted in New York this morning on account of the fight against extradition being made by J. Morggn Smith and his wife, who are now unter arrest in Cincinnati, charged with conspiracy with Nan Patterson in con- nection with the Young case. The Smiths are wanted here particuiarly to be witnesses at the murder trial. The motion for a delay was strongly up- posed by Abraham Levy, chief counsel for the defendant. In granting the postpone- ment Recorder Goff said he did not think that the Interests of the defendant or of public justice would be interfered with be- cause of a week's delay. The Stork: “At Last the West Has the White House—For a Little While.” Miss Patterson was not taken to court today. Her father was present during the arguments, however. as also was John D. Mellin, Caesar Young's racing partner, one of the principal witnesses for the p1osecu- tion. A special panel of two hundred jurors had been summoned in the case, but only 143 of talesmen answered the roll call to- day. By direction of the recorder cach of the fifty-seven absentees was fined $100. FRICK’S ALLEGED INTENTION. Reported That Pittsburg Millionaire Wants to Enter Politics. Politicians will be interested in the re- port from Pittsburg that Mr. Henry C. Frick intends to enter national politics “not later than 1908.” The mention of that date would lead to the inference that Mr. Frick aspires to the chairmanship of the republi- can national committee, perhaps. The Pittsburg dispatch to the New York Sun conveying the report adds that Mr. Frick was offered the portfolfo of the treasury in President Roosevelt's cabinet after the re- cent election, but declined it. It is the general understanding among politicians that Postmaster General Cortel- you is slated for the treasury when Secre- tary Shaw cuts loose next February with his presidential boom. The presence of Mr. Frick at the head of the Treasury Depart- ment in a “trust-busting” administration would probably cause some comment, it is said, for Mr. Frick is regarded as the per- sonification of the trust. He is held in high esteem by President Roosevelt, however, their intimacy being based upon personal regard as well as re- spect for the undoubted business abilities of Mr. Frick. In the recent election Mr. Frick raised a great deal of campaign money in Pennsylvania, and was of mate- rial assistance to the national committee at a time when some men who had been lib= eral contributors to former campaigns were holding back. Mr. Frick’s affiliations with high finan- clers would procure him potential indorse- ments if he desired to enter the treasury. It is customary to consult the financial in ppointment of a Secretary of y, although the word of Wall always I d, as witness the e of Secreta: selection. There FIGHTING EXTRADITION. Hearing in the Smiths Case at Cin- cinnati Today. CINCINNATI, Ohio, April 10.—The ad- journed hearing on the writs of habeas corpus for J. Morgan Smith and his wife, wanted in New York under an indictment charging conspiracy with Nan Patterson to extort money from Caesar Young, was set for today in the common pleas court before Judge Spiegel. One of the points made last week on behalf of the Cincinnati prisoners was that the extradition paper, having been signed in blank by Gov. Herrick and then filled in by a clerk in the governor's ab- sence from the state, was not yalid. On Saturday the governor returned to Columbus and new papers were secured in order to obviate this objection. A com- plication that developed since the case was last before the court was the motion charg- ing contempt of court, which was presented by the United States grand jury on Satur- day against Thomas F. Shay, who is the attorney for the Smiths in the fight against extradition. The charge against the attor- ney grew out of an investigation into bank shortage. This inquiry developed a charge of speculation through the office of John Batman, a broker, who, under the advise of Shay, refused to disclose certain information demanded by the grand jury. Because of this refusal Balman was held in contempt and ordered to appear before the grand jury again today with the re-|is no question t rick would be red information. Attorney Shay was] highly acceptable to one at least of the held to appear before United States Judge t financial factions of the country Thompson this afternoon and show cau e ese speculations, h conflict with why the charge of contempt should not be | the understanding as t« ‘ou's ad- entered against him. Shay’s attorney in vement the question whether this matter 1s Lawrence Maxwell, jr., for- y not have aspirations in other mer United States solicitor general. politics than federal office Attorney Shay had been informed that the hinted that perliaps he got governor would hold the e a taste of real politi hile “passing the open until today in case the to appear and argue against the Issuance of the papers. However, Shay today noti- fied the governor that owing to the nec sity of Shay being in the United State court in this city in the contempt case, is- suance of the extradition papers would not hat” in the last campaign, and would like to try his hand at managing a great cam- paign. It is declared to be a little bit pre- vious for him to be selecting the berth of national chairman, however, if he is doing sO, as that position will be filled at the dic- tation of the candidate for President. be opposed and that the contest in the ae ne eee aatter would be made fn thi ts in this ere uld be made in ie courts in this SAILED FOR SANTO DOMINGO. The contempt case was set for hearing bef Judge Thompson this afternoon, at| Departure of Prof. Hollander on His the same hour to which the Morgan Smith habeas corpus hearing had been adjourned. Smith and wife today expressed their wil- lingness to return to New York without ex- tradition proceedings and declared that it must be of their own volition and not as prisoners. Mission of Investigation. The cruiser Chattanooga yesterday took on board at San Juna, P. R., Prof. J. H. Hollander and departed for Santo Domingo, where the professor is to make an inyesti- gation of the financial conditions and of the various claims against the government which are to be settled in conformity with the terms of the pending treaty, if that convention is ratified. Newark, which has been on duty in Dominican waters: for some time past, led from Monte Cristi yesterday for Pen- sacola to engage in target practice and then come north for repairs. The Marcel- lus has sailed from San Juan for Monte Cristi with coal for the vessels there. The Culgoa left New York yesterday bound for Santo Domingo, carrying supplies for Ad- miral Sigsbee's fleet. ——-—___ MR. WASHINGTON QUALIFIES. ‘Will Succeed Mr. Bigham as Consul General at Cape Town. ‘Mr. Horace Lee Washington today called at the State Department and qualified as consul general at Cape Town. Mr. Wash- ington is a native and resident of the Dis- trict. He was confidential clerk to As- sistant Secretary Grinnell in 1892 and was appointed vice consul at Cairo in 1894. From Cairo he was transferred to Alexan- dretta and from that post to Valencia as consul, In 1900 he became consul at Geneva, Switzerland, which post he relin- quishes' in favor of Cape Town, succeeding at that place William R. Bigham of Kansas, who is about to engage in commercial busi- ness. + TO DETERMINE HIS SANITY. Sailor Held for Attempted Assault Upon Admiral Goodrich. LOS ANGELES, April 10—Richard Starr, a sailor, a member of the crew of Rear Admiral Goodrich’s flagship Chicago, now lying at Long Branch, has been brought to Los Angeles under arrest for attempting to assault Admiral Goodrich. Starr was one of the crew of a boat in which Ad- miral Goodrich was being rowed ashore from the Chicago. The admiral reprimand- ed Starr for shirking in the use of his oars, and the sailor, becoming enraged, attempt- ed to assault the commanding officer of the Pacific squadron. He was overpowered quickly by the other members of the crew and arrested. Later, Starr was brought to Los Angeles and placed in jail. It is said his mind is unbalanced as a result of the explosion on the battleship Missouri at Pensacola several months ago. He will be tried to determine his sanity. ————_-__—_ MURDERS AT LODZ. Victim a British Subject—Two ‘Workmen Killed. LODZ, April 10.—James Ratcliffe, a Brit- ish subject and manager of Poznauski’s cotton mill, was stabbed today while re- turning from a mass celebration to com- memorate the end of the strike. His as- saflant escaped. Two workmen were found stabbed to death yesterday. It is supposed they were non-strikers, and that they were murdered by strikers. ——_-—__ German Steamer on Fire. KOBE, Japan, April 10—The German steamer Germanicus, from Samarang, Java, for Moji, Japan, and San Francisco, has One —___+—____. NEW RECORD FOR RECEIPTS. Unusually Heavy Revenue in Patent Office Last Week. ‘The receipts of the patent office for the is the largest amount ever received in the patent office for such a period. The last week of December, 1897, is the only, one that even approaches the week just past. arrived here on fire. —-—_— Board of Medical Examiners. A board of medical officers consisting of First Lieuts. William N. Bispham and John R. Devereux has been appointed to meet at Fort Logan, Colo., May 1 to conduct the over $5,000 less than last week. ly accounted for by the new law, which resulted in the filing of 1,260 plications for registration of trade-1 week ending Saturday were $45,499.55. This ‘The amount received then was $40,256.60— This increase in the office receipts is large- MR. CONGER’S SUCCESSOR. PLATT-BLACK ALLIANCE. New Minister to China Will Leave To- morrow for His Poét. Mr. W. W. Rockhill, newly tappointed min- ister to China, called upon Secretary Taft and the offic! of the State Department today to take his leave. With Mrs. Rock- hill and his daughter he wil depart from Washington tomorrow for San. Francisco, whence he will sail on the 18th on the Man- churia for Yokohama, where he will trans- ship for Shanghai and themee proceed to Peking, where he will arrive between the 20th and 25th of May, by which time the new United States legation wiif probably be ready for occupancy. ——_-__—_——.. WILL SAIL WEDNESDAY. Three Americans Who Will Collect the Domincan Customa,. Messrs. A. G. Colton, J. Hi Edwards and Warren Smith, the three American collect- ors of Dominican customs, will_sail_from New York Wednesday for Sant Domingo, where they will at once agsunfe their du- ties. When. Colonel Colton arrives at Santo Domingo he will confer with Presi- dent Morales and determine bow much of- ficial help he needs for the wOrk of cus- toms coilections. ee QUESADA SAYS FAREWELL. Will ail for Europe Soon, to Be Gone Until September. Minister Quesada of Cuba called on Sec- retary Taft today to make further repre- sentations regarding the war materials in Cuba claimed by Spain under the evacus tion agreement. Minister Quesada presented 1 memorandum from his*gdvernment set- ting forth the contentiony of Cuba, and re- questing that the dispute be referred to ar- bitration. Minister Quesada also bade good-bye to the Secretary, as this will be his last visit for 1 months. He and Mrs. Quesada will sail for Europe this week, and will be abroad until September. ae GIVES UP THE TRIP. . for State Control. Senator Thomas C. Platt, and has support: ed him in his efforts to lead the republt- entered into between the senator and for mer Gov. Frank S. Black. The Sun says: “Senator Platt and ex-Gov. Black have had a long and ‘very satisfac. tory’ talk at the Fifth Avenue Hotel. meeting between them took place on Wed- state of New York. yesterday, and William Barnes, jr., chair. Dunn, ex-chairman of the state committee John Dwight of Dryden are aware that Mr. factory understanding.” and to invite other leaders the next state conyention. man of the state committee. present is in Europe. —_—_.____ TO PROBE DEATH MYSTERY. Divorced Parents. CHICAGO, April 10.—Coroner whose of Gertrude Jacobs, a pretty girl, and mother. face downward boulevard. in ed. There, was Senator Bacon Will Not Accompany cateerot ACAt Secretary Taft to Manila. Senator Bacon of Georgia, who was taken seriously ill while making a speech in the executive session of the Senate, came to Washington today from Atlantic City to consult his physician. The doctor said he must again return to the seashore and re- in for at least two weeks. He has rec- ommended that the senator then take a long sea voyage, and.spend several months away from all business and political cares. Senator Bacon suffered from congestion of the brain, due to: overwork. He called at the War Department today to see Secretary Taft and inform hinythat he could not ac- company the Secretary to the Philippines; as he had intended te do. SOE Gane Naval Movements, The Topeka left Key West yestert Hampton Roads. ‘The Cincinnati has arrived at Chémulpo, El Cano at Shiakwan, the West Virginia at Culebra, the’ Paul Jones at San Diego and the Chicago, Bennington and Saturn at Long Beach, Southern California. © ‘The new battleship Ohio hag arrigea at Honolulu on her way to join; the Asiatic fleet. father, a wealthy merchant of Mansfield, SEQUEL TO DISASTER. Benefit of Creditors. BROCKTON, Mass., firm of R. B. Grove & Co.‘ of this city, y for tional Bank of this city. stores scattered throughout —————_—_—— Duty With Civil Service’Comniission. In response to.an inquiry from ‘the Sec- retary of War, Attorney General Méody has rendered an opinion that eferks ¢anifot be detailed from the different @epartments for duty with the civil service eommiasion ex- | cept for the purpose of seving om boards of examiners. + Appointed Consul at Péerto Plata; Mr. Herbert 8. Wright, @ colored lawyer of Des Moines, Iowa, has been appointed United States consul at Puerto Plata, Santo Domingo. for claims growing out of the disaster. case sults should be brought continuing the business. It is under: B. Grover is president of the corporation, treasurer. —_.—___ GARFIELD AT TOPEKA, Secretary Morton in Hew Work. Secretary Morton has gose to New York tor a few days on private business.: He has practically recovered from the ear trouble which prevented his accompanying President Roosevelt in pursuit of bears, coyotes and jack rabbits. Engineer Officers Coming H The following-named officers of the of Engineers -have-been from [ty Methods in Kansas, ant, jr., employes of his bureau. =~ bere Mise ghia riety learn something of the situation in make the investigation.” eo Manila’s Electric Line Opened. Reported Combination Has Been Made NEW YORK, April 10—The New York Sun, which for years has been friendly to can party in this state, says today that an offensive and defensive alliance has been Frank 8. The nesday evening. Every effort has been made to keep secret the fact that they met and talked over the republican situation in the The news came out man of the executive committee of the re- publican state committee; Col. George W. William L. Ward, republican national com- mitteemah for the state, and Representative Platt and Mr. Black have come to a satis- The Sun further says that Mr. Platt and Mr. Black agreed to enter into an alliance throughout the state to join with them with the object of contesting the control of the party at The machinery of the party in this state is generally conceded to be in control of former Gov. B. B. Odell, jr., who is chair- Mr. Odell at Victim Had Been Unable to Reunite Hoffman today will investigate the mysterious death heart had been broken because she had been unable to reunite her divorced father Her lifeless body was lying her room in Jackson In one hand was grasped a pencil and in the other a» Bible, in which several passages on “lovée” had been mark- nothing to indicate the For ‘fifteen years the girl had sought to bring about a reconciliation between her Ohio, and her mother, who were divorced when she was twelve years old.. All her efforts to reunite the litle family had been in vain, and the trouble had prayed: upon her mind until she had become melancholy. Grover & Co. of Brockton Assigned for April 10.—The shoe at whose factory the disastrous boiler ex- Plosion of March 20 occurred, costing fifty- eight lives and $250,000 property loss, has voluntarily assigned for the benefit of cred- itors. The assignees are Cras. P. Hall of the American Hide and Leather Company, Boston; Judge Warren A. Reed and Fred B. Howard, vice president of the Home Na- ~Jpdge Reed, speaking for the assignees, said: “It is impossible to give any adequate idea of the assets and liabilities. The as- seis consist mainly of the Hmerson shoe the country. ‘The assignment is made to enable the firm io carry on the business during the cur- rent season. The action -has nothing to do with the legal responsibility of the firm lt is explained that the action in filirg assignment papers exempts <he twenty-two stores of the company from attachment in A Meeting of the assignees will be held here tomorrow to consider the question of tood the creditors are agreeable to an arrange- ment for the assignees to continue the busi- ness and to an ultimate reorganization, R. J. F, Hill vice president, and C. O. Emerson To Begin Investigation of Standard Oil TOPEKA, Kan., April 10.—Commissioner of Corporations Garfield has arrived to be- gin his investigation of Standard O!l meth- ods in Kansas. He is accompanied by L. P. Caswell, Charles Earl and Luther Con- “I have no news to give out about the investigation,” said Mr. Garfield. Twant to with ‘There is no telling how long it will take to OFFICERS DISGRACE Notice to Subscribers. The Sunday Star will be in- cluded in the subscription to The Star, which after April 1 will be $0 cents per month for the daily and Sunday issues. All subscrib- ers to The Star will be served daily and Sunday unless orders are given to the contrary. DIARRANGING REBATES Number of Russians Pilloried iU. 8. Government Engaged for Cowardice AT BATTLE OF MUKDEN GEN. LINEVITCH'S SUMMARY METHOD OF TREATMENT. Some Are Drummed Ignominiously Out of Camp—Chinese Bandits Operat- ing—Bad Roads. GUNSHU PASS, April 10.—General Line- vitch has pilloried a number of officers who displayed cowardice during the battle of Mukden publicly, disgracing them by post- ing their names at all the division head- quarters while some of them were ignomin- fously drummed out of camp. Date of Japanese Entry Deferred. HARBIN, April 10.—Information received at the Russian headquarters seems to defi- nitely establish the fact that only Chinese bandits under the lead of Japanese officers, together with some Japanese cavalry, are operating westward toward Tsitsihar, their object evidently being to raid the railroad communications. There is, however, a real turning move- ment eastward of Kirin, said to be under the command of General Oku. The roads have grown desperately bad. On the flat ground there are seas of mud. Japanese proclamations have been Issued, giving the state of the roads as an excuse for the date of their entry into Harbin having been changed from April 10 to April 30. Reected Steamer’s Appeal. NAGASAKI, Japan, April 10.—The Sasebo prize court has rejected the appeal of the captured British steamers Roseley and Lethington, and both vessels and their cargoes have been confiscated. No Change at the Front. ST. PETERSBURG, April 10.—A dispatch from Chief of Staff Karkevitch to the gen- eral staff, dated today, from the front says there has been no change in the situation of the two armies. Views of Naval Officers Here. Naval officers who have followed the course of Vice Admiral Rogestvensky’s fleet do not look for an engagement with Ad- miral Togo’s fleet until the Russian ships reach Japanese waters. In their belief Ad- miral Togo is too wise a strategist to ac- cept battle until the Russians are near his base, where, in case the Japanese ships suffer severe damage they will be within easy range of their docks. They believe oné reason for Admiral Rojestvensky’s visit to Saigon is to get in touch with his tor- pedo boats, most of which, it is believed, have hugged the coast in their cruise out and will probably join the flag at the French _ port. It is believed the Japanese will endeaver to confine the fighting to a lorig-range bat- tle until several of the Russian battle ships are put out of commission and the ‘fleets are nearer equal, AMERICAN BLUFF FAILED. Artist Chartran Tells How He Refused to Be Worked, PARIS, April 10.—Theobald Chartran, the famous portrait painter, describing his re- cent-visit to the United States prominent Arherican ordered a por’ his wife to cost $5,000 and when completed the American praised the artis beauty of the work, but asserted that it was not a correct portrait of his wife. Chartran says he suspected a plan to secure a reduction in the price, he took a palette knife, two. slit ompletely di remarked: “That is the differences.” roying and it, y i settle small SENATOR PLATT’S CONDITION. Showed a Little Change for the Better Today. WASHINGTON, Conn., April 10.—The condition of Senator Orville H. Platt, who ig suffering from pneumonia, showed a lit- tle change for the better today. His phy- siclan, Dr. W. J. Ford, gave out the fol- lowing statement: “Senator Platt passed a very satisfactory night, and I think I am justified in saying there is a slight improvement this morn- ing.” While the physician declined to go Into details, it is understood that the sick man’s mental condition is somewhat improved, and that he seems a little brighter than on yesterday. There is also said to be some abatement of the fever. No conceal- ment, however, is made of the fact that the ‘condition’ of Senator Platt is still critical. ————— AUDIENCE AT THE VATICAN. Pope Received Noted American Church- man—Bestowed Benediction. ROME, April 10.—The pope today re- ceived in private audience the Very Rev. John A. Zahm of Notre Dame, Ind., pro- vineial of the Congregation of the Holy Cross in the United States, who presented an offering of $1,000 from the University of Notre Dame. The pontiff thanked him most warmly and engaged in a long conversation with Father Zahm, showing great interest in his educa- tional projects and in the United States. He admired some photographs of the Uni- versity of Notre Dame, and wrote at the bottom in Latin his apostolic benediction to the professors and students. The pope approved of Father Zahm’s work in assist- ing the members of religious orders expelled from France. Father Zahm will go to Paris Tuesday to look after the interests of the Holy Cross community and make provision for several hundred expelled persons. SEQUEL TO TOWNSITE TROUBLE. Mayor of Spooner, Minn., Killed—Nar- row Escape of Family. BEAUDETTE, Minn., April 10. — Sheriff Bailey of Beltrami county is on the way to Beaudette to inquire into the killing of Mayor Matthew Gannon by a crowd of cit- izens of Spooner, Minn., Friday night. Much excitement has been aroused by the killing of Gannon, who also was president of the village board of Spooner. Gannon’s wife and child narrowly escaped death at the hands of the mob from Spooner. The trouble was due to a year’s fight over the town site of ‘. Gannon filed on the town site of Spooner homestead, and the Spooner Town Bite tried to enter the same site under cy in So Doing. KEEN CORRESPONDENCE BETWEEN CONTROLLER AND IN- TERIOR DEPARTMENT. The Former Questions Authority for Action and Suggests Reference to Attorney General, The interesting fact has developed that the United States government has been engaged in arranging rebates of freight rates with the Southern Pacific road and other western roads that it might save some money in contracts on its irriga- tion and reclamation projects in the west. R. J. Tracewell, the controller of the treasury, is after Secretary Hitchcock and the director of the geological survey for accepting rebates from railroads on the freight of contractors engaged in do- ing work under the irrigation and rec- lamation fund. He practically says that in his opinion they are violating both the letter and spirit of the interstate com- merce act, making it a misdemeanor and violation of federal law to accept rebates, In a communication on Mareh the Secretary of the Interior brought to the attention of the controller certain facts in connection with the rebates. Secretary Hitchcock submitted a communication, from the acting director of the geological survey, in which that official stated the case as follow: “On October 1904, the department approved a contract with the Southern Pacific company providing for certain concessions to contractors under the rec- lamation act in the freight rates upon their plant and materials shipped to and from the work on the projects. Other con- tracts of similar character have since been negotiated with the principal roads. These concessions in rates are brought to the attention of all bidders on the work of the reclamation service, in order that they may make due alowance for such concessions in their bids. Paragraph IT of the general conditions attached to the specifications inviting bids calls attention to these concessions and notifies bidders that they are expected to make allowance for these concessio: “The attention of thig office has been called to a request of Sherer & Co., con- tractors on the Salt river project, who de- sire to be advised whether they can ob- tain the benefit of concessions on some shipments soon to be made by them in connection with their work upon this project. “These contractors made their bids before any concessions ad been arranged with the Southern Pacific company, so that thelr bids do not provide for any benefit to the United States, and, accordingly, this office has decided that the contractor is not en- titled to such benefits, and the engincer has been instructed not to certify the com= pany’s bills of lading in the matter required for it to obtain such benefit.” The communication goes on to state that the railroad company, however, willing to make the concessions to help the work on the project as much as possible, whether the benefits of the concession of rates on these shipments may be taken Dy the government and credited to the project. The controller is asked the best method of dealing with a question of this kind Says There is No Authority for It. Controller Tracewell tells how the matter could be arranged so as to comply with the auditing rules of the treasury, but, after doing this, he frankly lets loose @ broadside that has not been accepted by the Interior Department in the manner in which it was intended. The controller s. “If, however, I may be permitted to ex- press an opinion as to the legality of such transactions when considered in relation to sections 2 and 22 of the interstate com- merce acts of February 4, 1887, and 1889, I would say that it is extremely doubtful tf either can be maintained. By what au- thority can the government contract with a railroad that a contractor's plant shall receive a rebate in freights not applicable to other shippers is beyond my compre- hension. If this. right exists It might as well extend to flour, hay and other come modities, and the vehicles used by a con- tractor in making delivery to the governs ment. But, granting .such right exists, when covered by contract, and such rebate taken into consideration when the contract is made, by what stretch of authority can the government step in where the contract between it and the contractor has been en= tered into and the amount to be paid for the work or for the work and the materials, fixed and liquidated, and receive or take from a railroad rebate from the regular and fixed price of carriage, on the carriage of the contractor's plant, one-half thereof, is beyond my comprehension. “The government, above all others. should not be a party to a violation of either the letter or spirit of the interstate commerce act as regards the question of rebates. It should not engage in questionable transac- tions in order that a saving of a few dole lars may be had, especially when this sav- ing results in the tearing down of a law which experience proves very difficult, if not absolutely impossible, to enforce.” Came Back at the Controller. This letter of the controller did not suit the Interior Department, and the officials made answer, arguing as to the correct- ness of their view, and pointing to a decis- jon of Assistant Attorney General Camp- bell of the department, upholding the view. The controller today makes answer to this as follows: “I am in receipt of your communication of the 7th instant, inclosing duplicate of letter addressed to you by the director of the geological survey, under date of April 4, relative to the legality of certain pro- posed contracts with certain railroads pros viding that the government receive certain rebates on the plants and materials used by contractors in constructing certain ir- rigation works under the reclamation serv- ice. You forward this matter to me for further consideration. “On the 3d instant I rendered a decision directed to you on the method of accom- plishing refunds to the reclamation fund, established under act of June 17, 1902. In that decision I expressly declined to render : any decision as to the legality of the pro= posed rebates for the reason therein ree cited, but did, as a matter of precaution, therein express my individual doubts as to the legality of a contract with a railroad ** to secure a rebate on the freight of @ contractor as therein proposed. I enclose copy of said decision. “I have read with care the letter trans- mitted from the director of the geological survey, and agree that it is convincing from the point that if it is legal for the government to secure the rebate in ques- tion it will amount to a million dollars in the next seven years. The Standard Oi] Company could make an equally convincing argument as to its alleged reception of re~ bates. The amount of these rebates being the govern- fone