The San Francisco Call. Newspaper, March 17, 1896, Page 1

Call "VOLUME LXXIX.—NO. 108, PRICE FIVE CENTS. BATTLED WITH THE INSURGENTS, Engagement of the Espana Battalion With Lacret's Bold Band. ONE TOWN IS SACKED. Cubans Again Apply the Torch During the Progress in Havana Province. BUILDINGS LAID IN ASHES. Benator Morgan Champions the Cause of the Patriots Who Struggle for Freedom. {From a Staff Correspondent of the United Press.) HAVANA, Cusa, March 16.—The Espana battalion met 1000 insurgents under La- cret, near El Palme, east of Havana, and a2n engagement took place that lasted two hours. It is reported that the rebels left seven dead on the field and carried other dead and wounded off with them. The troops bad three wounded. Insurgents have entered the town of Guars, province of Havana, and sacked and burned a number of stores. Their presence caused & panic. There were no losses in the rebel attack on the town of Batabano Saturday. The insurgents burned the police head- quarters, the town hall, a church, 8 num- ber of stores, two coffee houses, five resi- dences and fifty-three frame buildings. They practically reduced the town to ashes. A gunboat in the harbor shelled the rebels during the attack. A rebel band has burned the buildings on La Brinto estate and a residence on La Vega estate, near Colon, Antonio Maceo, the insurgent leader, with his forces has crossed the province of Havana and entered the province of Pinar del Rio. J. Fra¥k CLARK. ek e “SPAIN HAS NO MERCYX.” Senator Morgan Makes an Appeal for the Cubans. WASHINGTON, D. C., March 16.—In the Senate to-day Elkins (R.) of West Vir- ginig offered & resolution: instructing the, Conumitiee on Foreign Relations to report to the Senate before a vote is taken set- ting forth whether or not there exists 4 state of war in Cuba; if so, how long it has existed; the number of men and officers engaged on each side; whether or not the insurgents have a constitution and organ- ized .government; what cities and towns, inland and on the seacoast, they occupy; and what effect the passage of the resolu- tions would have on the insurgents, the Spanish Government and the United States. The resolution went over until to-mor- Tow. The conference report on the Cuban belligerency resolutions was taken up and Morgan (D.) of Alabama, a member of the Committee on Foreign Relations, ad- dressed the Senate in favor of the adoption of the report. Morgan went through and gave a brief resume from a pile of petitions and me- morials from all parts of the country in favor of the independence of Cuba. They came, he said, from almost every county in the United States and represented a wide-reaching range-of petitione: Hale (R.) of Maine remarked that all Senators were famiiiar with the methods of which most of the petitions presented to Congress were prepared. He did not know whether it was so in this case, but he presumed that all these petitions were under a printed heading, sent out from a single source. The spontaneity of the petitions came, not from the country, but from New York and Washington. Morgan made some deprecatory remarks about the business, conservative and prop- erty-owning men who wanted to prevent any legislation that might cost them a little money or cause a little disturb- ance of business relations. He went on to say that the Committee on Foreign Relations had not supposed that it was dealing improperly with that great mass of petitions. His object was, he said, to show the amount of pressure that bad been brought to bear on tne Commit- tee on Foreign Relations to show how con- servative and careful that committee had been. Hale made an inquiry about the paper from the Spanish Minister to which Sher- man had “unwarily’’ referred to the other day, and he asked why the Committee on Foreign Relations had not reported the fact of that paper to the Senate. Morgan explained that the paper had been communicated by the Spanish Minis- ter to Mr. Olney, and that Mr. Olney had concluded it to be his duty to send it to the Committee on-Foreign Relations. 1t had not been sent in any form. It was the original paper that had been sent, and it was returned to the Secretary of State. Morgan seid that he had written to the Secretary for a copy of the paper, and had been informed that Mr. Olney would con- sult the Minister about it. The Minister had given his consent, .:md a copy of the paper had been sent to him (Morgan), and he would now read it, with comments, to the Senate. Hale remarked that he would be glad even at this late date to have it brought be- fore the Senate. Morgan then began to read the paper from the Spanish Minister by sentences and to comment upon it as he went along. When he came to the end of it hesaid that that was all of that “‘miracu- lous and, mysterious paper.” Tt was a mere petition for delay and the Senate had granted that delay. The paper, he saud, was dated the 1ith of Janpary, 1896. It contained a dispatch from General Campos stating that the so-called Cuban Goverq- ment had mo fixed residence, and that it hardly knew where it wandered about. Morgan commented upon that. “That is all ‘true,” he said, “no doubt. How many places of habitation did the Government of the United States and the Continental Congress bave during the revolutionary war? They had no less than nine capitals, and the British Government could not chase them down to cover. Where was the United States Government when this Capitol was burned to the ground? A fugitive in Virginia; and so the complaint of Campos is only that the insurgent Government has no fixed resi- dence.” g In conclusion Morgan referred to the *‘alleged dispatch from the Premier of the Spanish Government,” which Hale read to the Senate last week. *‘He read it at length,” said Morgan, “with attentive, respectful, almost religious presentation, and after he had got it on the record and passed his judgment upon it in order to show the magnanimity of the Spanish Government and the grounds of its action in Cuba and to show its relation to the Government of the United States it now comes out from the declaration of Mr. Canovas that he sent no such dispatch and that he is not responsible for it. The Senator from Maine was overreached. He mistook the Spaniard. The Spaniard had neither mercy nor consideration in his heart for the poor people of Cubha—for those poor mulattoes, negroes and vaga- bonds described by Minister de Lome. have no recognition at the court of They never had and never will have.” Without finishing his speech Morgan yielded to a motion to adjourn, and at 5:30 the Senate adjourned until to-morrow. SEiisgues o THE FILIBUSTERS. SEEKING Spanish War Vessels in Search of Three Expeditions. NEW YORK, N. Journal special from Key West, Fla., says: Before the steamships Bermuda, Three Friends and Commodore, each supposed to be carrying a filibustering expedition to Cuba, reach the island they will have to run the gauntlet of a number of Spanish warships now cruising off the coast of Florida. Three days ago the Spanish war vessels appeared off the South Beach of the island of Key West. For days the ves- sels hovered around, ten or twelve miles out, apparently watching for filibusters. Saturday afternoon the Spanish Vice- Consul went out to one of the vesselsin a steam launch, and it is supposed gave the commander some information relative to the movements of the expected steamers. Immediately the Vice-Consul left the ves- sels they sailed toward the north. It is supposed they are now off the east coast of Florida, watching for the Bermuda, Three Friends and Commodore. There is supposed to be a large num- ber of men on one of the Florida kevs who expect to be picked up by one of the three steamers. The key is in the United States waters, however, and it is not be- lieved that the Spanish would dare inter- fere with the men camped there. It is currently reported here that the United States authorities will not be as strict about seizing suspected vessels hereafter as they have been. The mere carrying of arms to Cuba, it is said, will not. .be..again mterfered with, nor will revenue cutters seize any vessel on the higb seas. So far as known the United States officials here have received no orders to watch out for the suspejted cruisers. It is generally supposed that TUncle Sam has decided to make the Spaniards do their own patrolling. Sl NOT AN OFFICIAL VISIT. Captain Burke, U. 5. A., May Be Re- called From Cuba. WASHINGTON, D. C., March 16.—It is authoritatively stated that Captain John G. Burke, U. 8. A., who is now in Cuba, does not represent this Government in any way. The officer is on leave and his visit to Cuba is said to be the result of an error in granting him permission to go beyond the seas. Whether or not the War Depart- ment will direct Captain Burke to return to the United States has not been deter- mined, but it is probable that he will be al- lowed toremrain in Havana with the under- standing that he will not visit other places in the perturbed island. ————— RAISING A REGIMENT. Sympathizers Are Actively at Work in Brooklyn. NEW YORK, N. Y., March 16.—A regi- ment of Cubans and American sympa- thizers is being raised in Brooklyn. Al- ready, it is said, over 350 men have been enrolledr They will be officered by skilled experienced soldiers. Weapons have been furnished by the Cuban Junta. The men are being secretly drilled. Similar movements are on foot in Chi- cago and New Orleans. FORTY PERSINS KILLE An Explosion of Gunpowder Destroyed the British Steamer Matadi. A Disaster at Boma in the Congo Free State in Which Very Few Escape Death. LONDON, Exg., March 16.—A dispatch from Boma, in the Congo Free State, says the British steamer Matadi, which sailed from Liverpool January 22 and Sierra Leone February 5, has been destroyed at Boma by an explosion of gunpowder. Twenty-five passengers were killed. The vessel had on board twelve tons of gun- powder, all of which ignited. BRUSSELS, Bereivm, March 16.—A dispatch received here states the explosion occurred on March 7. Twenty-five Eu- ropeans and sixteen negroes were killed. Among the dead are a missionary named Hawk and his wife. LIVERPOOL, Exc., March 16.—Advices recelved here from Boma state that fully forty persons lost their lives by the ex- plosion on the Matadi. The captain and four afficers are the only survivors. Dr. Peters Resigna. LONDON, ExG., March 16.—The Berlin correspondent of the Daily News tele- graphs that Dr. Peters has resigned the presidency of the Berlin Colonial Society e Fell Three Points. LONDON, ExG., March 16.—Northern Pacific preferred shares fell three points to- day under the influence of ‘the New York plan of reorganization. it gl France’s Exposition. PARIS, Fraxce, March 16.—The Cham- ber of Defiutle s has approved the Govern- ment’s scheme for an-international expo- sition in 1800, How Long Will Gavin Wear the Peacock Plumes? CALIFORNIA CAN NOW COLLECT. Taxes Must Be Paid hy the Southern and Central Pacific. STATE COURTS UPHELD. Chief Justice Fuller Reads an Opinion by - the Highest Tribunal of the Land. MEANING OF THE DECISION. Railroad; Companies Declared to Be State and Not Federal Corporations. WASHINGTON, D. C., March 16.—The Bupreme Court to-day, in an opinion read by Chief Justice Fuller, affirmed the deci- sion of the Supreme Court of California to the effect that tbe franchises, the capital stock, etc., of the Central Pacific and Southern Pacific Railway companies are taxable ander the laws of tnat State. The opinion declared that the railroad companies are State and not Federal cor- porations, although having received fran- chises from the Federal Government. In this respect they stand upon the same ground as the Union Pacific Company, a corporation of Kansas. Justice Field dissented from the judg- ment of the court. Harlan alsoannounced his dissent from the judgment of the court. The majority opinion was read by Chief Justice Fuller, who quoted the constitu- tion of California concerning revenue. The complaint contained nineteen counts, he said, on nineteen alleged causes of action, each claiming that the defendant was not all times therein mentioned as a California corporation. The California Equalization Board for the year ending" June' 30, 1886, assessed the State and county taxes at $0.608 on each $100. This amounted to $109,440, and none of it was paid. The State Com ptroller added | §5472 interest. This State tax became de- linquent in December, 1887. There were eight counts for county taxes, and among the defenses made by the defendant was one that they were by act of Congress made one of the instrumentalities of the Federal ‘Government, and tnerefore not subject to State taxation. A record was read showing that the State Board of Equalization had in March, 1887, assessed the railway at $16,000,000. It was admitted that the apportionment was made as the Political Code required it to be made and that mileage for each county was correctly stated. It ap- peared from the testimony of the Board of Equalization that the Attorney- General recommended to the board that the franchises of the Central and Southern Pacific railways be assessed and that the valuation be stated separately in the rec- ord of assessments; that the board assess the moles, bridges and culverts of each road separately, and the board ordered that the franchise of the Central Pacific Railroad derived from California be as- sessed at $1,250,000, the franchise of the Southern Pacific at $1,000,000, the moles, tracks and bridges at $1,000,000 and the wharves at $400,000. p Justice Fuollersaid: ‘“The real question is whether the companies’ franchises are one and inseparable, constituting an indivisi- ble unit which cannot be subjécied to tax- | ation by the State of California, because that would be necessarily to subject a Fed- eral franchise to taxation. The.company is a corporation of California made. up of two California corporations consolidated by articles of association entered into under the laws of Qulifornia and recognized as a California corporation by acts of Congress. “California authorized the company to construct, maintain and.operate a railroad and telegraph line in territory lying in the State with tbe uaual, incidental rights, privileges and powers: also vesting in the company rights, franchises and powers granted by Congress with the express res- ervation that the company should be sub- ject to all.the lgws - ' ihis State concerning the railroad and. ph iines, except that messages and proper fy of the United States and this State'and of the #aid com- pany shall haveé priority of transportation and transmission over said lines of rail- road and telegraph. “But it is not contended that the com- pany ever became a corporation of the United States or that it is other than a State corporation. 'Even in respect to rail- way corporations created by act of Con- gress the claim of an exemption of prop- erty from State taxation hasbeen repeat- edly denied. “Whether plaintiff in error now operates its road under franchise derived from the United States or from the State of Califor- nia is immaterial. | “The right to operate a railroad is valua- ble, whether it be exercised or not, and the question, we repeat, relates to the exist- ence of a franchise, and not the extent of its value. When we consider that the plaintiff in error returned its franchise after the assessment and declined to resort tothe remedy afforded by the State’s laws for correction of assessment as made, if dissatisfied therewith, or to pay its tax and bring suit to recover back a whole or any part of the tax which it claimed to be illegal, we think its position is not one entitled to favorable consideration of the | court, but without regard to what we hold. for reasons given the State courts rightly decided that the company had not a valid defense to the causes of action proceedea on. The judement is affirmed.” A similar case brought against the Southern Pagific was affirmed by Justice Fuller. This was a writ of error to the judgment of the Supreme Court of Cali- fornia affirming the judgment of the Su- perior Court of the City and County of Ban‘ Francisco. 'The Suverior Court denied a_ new trial in the suit brought in the name of the people of California agaifst - the Southern Contintied on Third Page. v - o NOT WD B THE BAVONETS, Kentucky Legislators Run " the’ Gauntlet of’ the P 4 e . BRADLEY IS DENOUNCED Action of the Governor in Call- ing Out the Troops Causes Indignation. / NO VOTES CAST FOR SENATOR. Plenty of Pistols in Evidence, but the Day’s Session Closes Without Shooting. FRANKFORT, Ky., March 16.—With more than 400 militiamen of Kentucky in possession of ‘the Cavpitol square, keeping from entrance all who had not a constitu- tional right or business relations to be in the State House, the balloting for United States Seénator proceeded to-day without disorder and without result. £ Only one vote was cast, that of Speed for Boyle. Democrats and Republicans re- fused to vote and the understanding is there will be another ballot before final ad- journment to-morrow. But the day of martial law was full of sensational incidents in the city and inthe Senate chamber. There was a wrathful denunciation of the Republican Governor by the Democratic Senate for ordering the militia to the Capitol. Senators Bronston and Fulton introduced resolutions accus- ing the Governor of: flagrant usurpation of ‘power and the Senate adopted that of Mr. Fulton, appointing him' and " five others a The State House at Frankfort, the Scene of the Most Rémarkable Session of the Kentucky Legi islature. ' 7 committee to investigate® ‘‘such contempt and breach of privilege” and report for final action. Inthe House resolutions indorsing and condemning the Governor’s act were pre- sented and withdrawn. Sergeant-at-Arms Sommers of the Senate wasallowed to pass the line of fixed bayonets, but Colonel Jack Chinn and his other deputies were turned back. An indignation meeting of citizens was held in the Courthouse, which was jammed with men and womer, who cheered the Mayor and other speakers. At 10 o’clock this morning every entrance to the State buildings was patrolled by a militiaman with a bayoneted gun. The Governor was in his office nearly all night and was around early this morning. The streets were jammed as early as 8 o’clock, and every incoming train wss loaded down with Blackburn sympathizers and curious people who came to see a row. Every man’s pocket looked heavy and pistols were very much in evidence when a man took a seat. Rev. Mr. Cooper, the chap- lain of the penitentiary, whose turn it was this morning to optn the House with prayer, was stopped at the entrance by a sentry. He finally got through, but ‘“‘re- fused to dishonor God while Kentucky was being dishonored. The House can go without prayer as far us I am concerned.”’ The McCreary Guards of Frankfort were placed at the stairway leading to the Legislature’s halls and no one was allowed to go up but State officials, members of the Legislature, newspaper men and telegraph operators. Colonel J. B. Castle- maa of Louisville was made active com- mander of the troops. Most of the mem- bers of the Legislature arrived early at the State House and they joked about the situation. There seemed to be a feeling of relief after the strain of weeks. Among the first to arrive were Drs. Walton and James, the unseated Republican Senators. They took the same seats they occupied in the House since their expulsion from the Senate. -+ Senator Blackburn and ex-Congressman Phil Thompson arrived at the House stair- way at 30:30 o'clock. The Senator was allowed to 2o up, but Mr. Thompson was turned back. A minute later Sergeant-at- Arms Sommers of the Senate, accom- panied by Colonel Jack Chinn, Eph Lillard and his other newly sworn in deputies was halted. Mr. Sommers showed his papers and those of his depu- ties. He was told to go himself, but his deputies were ordered to remain behind. Both houses met at 11 o’clock. The first scene was in the House. Bailry (R.) sent up resolutions indorsing the Gov- ernor’s action, and Foree (D.) a sub- stitute condemning the executive. After great disorder it was agreed to withdraw both resolutions. The first thing in the Senate was a reso- lution by Senator Bronston reciting that the Governor had, in violation of the con- stitution, taken possession of the Capitol with troops, and declaring that the Senate refuses, so long as the State militia re- mains in control of the Capitol, to con- sider any matter of legislation orto receive or consider any communication from the Governor. ; : Bronston demanded their adoption in & bitter speech, calling on every man who was not willing to crawl on his belly to vote for them. The chair ruled that Bronston’s resolutions were out of order, and an appeal was taken. A few women managed to get by the soldiers and took seats in the lobby. The chair and other speakers killed all the time up to 12 o’clock, spéaking. The rollcall began and the Democrats refused to answer to their names. Even Poor did not vote. Only sixty-six answered to their names—all Re- publicans. The chair ruled that a vote would be necessary to show that seventy were ‘“pres- ent and voting” and ordered the ballot. Both Democrats and Republicans refused to vote. The only indication of any mem- bers being present was the general laugh that went round. Each side thought the other was afraid. Speed of Louisville voted for Boyle and that was the only vote cast. ‘When the motion to adjourn was made, Bronston wanted to know the ruling of the chair as to whether a ballot should be taken to-morrow. The adjournment was with the understanding that the ballot would be taken at 12 # both houses were in session at the hour. There was no sign of disorder. The Senate took up the Bronston reso- Iution and others when it returned from the joint session. 'Senator Fulton (D.) in- troduced one, which was adopted, declar- ing all of Governor Bradley’s acts illegal, closing as follows: “Be it resolved by the Senate, that a spe- cial committee be appointed to inquire mto such contempt and breach of privi- lege in the manner and under authority of law and to report to the House at the earliest practicable moment.” There was not standing room in the Courthouse when the indignation meeting to protest against the action of Governor Bradley in calling out the troops was called to order by Mayor Julian.: His Honor made a speech, telling of his conference with Governor Bradley, in which he had assured the executive that he would give the Legislature ample protection, and characterized his action in ordering out the troops as highly partisan and unbe- coming a Governor. Resolutions were adopted denouncing the Governor's action as a usurpation of the law and a prostitution of his office for partisan purposes, and stating that the civil authorities had been adequate to pre- serve the peace. The bitterest feeling ex- isted, and on all sides could be heard out- spoken words characterizing the action as an insult to the people of Frankfort and of the commonwealth. The startling feature of the day was the result of the investigation committee. The Democrats expected to establish that Governor Bradley and the Republican leaders had conspired to call out the militia in order to compel the Senate to allow Senators Walton and James to vote. The testimony of Colonel Gaither showed that the Democrats had been in communication with Jehn and i Thompson and others of their faith for the purpose of filling the Capitol with armed men and intimidating the General Assembly. Colonel Gaither's’testimony created a sensation. In answer to a question from Goebel the colonel replied that he believed the Sena- tor to have been cognizant of the plans of Phil Thompson’s resort.to arms. He said Phil Thompson told him if he came to the Capitol he would be killed. Governor Bradley was also on-the stand. His testimony was substantially to the same effect as the statement given out by him last night. Phil Thompson corrob- orated the statements made by Colonel Gaither. | 5 EAELIDS OV T0 HD ALY Reported to the House of Commons by Secretary Curzon. ADVANCE UP THE NILE. An Explanafion for the Reason of Rushing Forces Into the Soudan. DEBATED BY THE LEADERS. Labouchere Contends That the Expe. dition Against the Dervishes Is Worse Than Useless. LONDON, Exc., March {16.—George N. Curzon, Parliamentary Secretary of the Foreign Office and the representative of that department of the British Govern- ment inthe House of Commons, made a statement in the House to-day which sets at rest all doubts, if any there were, as to the attitude of Great Britain toward the Dreibund, the Government coming out squarely in favor of and in sympathy with Iraly in the latter’s campaign in Abyssinia and justifying the course adopted by Lord Salisbury in sending an expedition against Dongola. Mr. Curzon said that for some time past the Government had heard rumors thata large and formicable advance of the der- vish forces was contemplated, which threatened three widely separated points— Murch Wells, between Korosko and Abu< Hamed, next .to Kar, between Berber and Suakin, and also Kassala. Then came the disaster to the Italian army at Adowa, which had been heard throughout the United Kingdom with much sympathy and regret. [Cries from the Irish benches of “No, no,” and a remark by T. H. Healy, “It served them right.”’) Mr. Curzon, resuming his remarks after the interruption, said: ‘‘Yes; symvpathy which was not broken, by but a few dis- senting voices.” [Cheers.] The Government has been in constant communication with the Government of Egypt, and the opinion of: the military of- ficials, both here and in Cairo, is that an advance up the Nile is necessary. Conse- quently an advance of British troops has been ordered to a town one-third ot the d.i?enue between Wady Halfa and Don- golas - viTv; P i Mr. Curzon further said that after the Soudan expedition had reached Akasheh, between - Wady Halfa and Dongala, it possibly would advance to Dongola. Mr. Labouchere moved to adjourn, in order to consider the’ serious condition which had been revealed by the statement in regard to Egypt and the Soudan made by Mr. Curzon. Mr. Labouchere con- tended that the expedition into the Sou- dan was worse than needless. The motion was rejected. Sir Charles Dilke said that he did not believe that the real object of the expedi- tion was the safety of Egypt, nor a diver- sion in favor of the Italians, which was impossible. Sir William Vernon Harcourt, the Lib- eral leader in the House, followed Sir Charles Dilke. He said that if this was the first step of a forward policy in Egypt it was of a most perilous character and de- served strenuous opposition. There was a great party in England, he said, which learned nothing from experi- ence and which was always eager for the extension of the empire, which was al- ready large enough to please the most in- ordinate ambition. fe would not in the meantime assume that there was any in- tention on the part of the Government to give the movement up the Nile a signifi- cance beyond Mr. Curzon’s statement. He asked the House to note that the Government repudiated any intention to pccupy the Soudan. The House was bound to assume that this was a small movement for military purposes to meet a temporary occasion. He hoped there would bé an early opportunity to discuss the matter in the larger bearings when the whole policy of the occupation of Egypt was considered. [Cries of ‘‘Hear! hear!"] The Right Hon. A.J. Balfour, Govern- ment ieader in the House, said that all the Government could state at present was that the advance must be made. It would be premature to discuss the further move- ments intended. Mr. Labouchere, he added, seemed to rejoice at the defeat of Italy. Mr. Labouchere—Hear! hear! That, Mr. Balfour continued, was cer- tainly not the view of & single man on the Government side of the House; nor was it the view of a majority of the opposite side [Cries of “Hear! hear!”] nor of the English people. [Cheers.] Even the na- tions of Europe whose policy is most di- vergent from that ot Italy expressed sym- pathy for the Italians in their reverses. Mr. Labouchere also rejoiced because of vhe resurgence of Mahdiism. Had the world ever seen a more cruel or worse rule? He could not conceive a change more for the benefit of the Soudan than that that country should be transferred to a Govern- ment acting under English influence. Nothing certainly would more conduce to the welfare and prosperity of the Soudan- ese than replacing brutal anarchy by regu- lar laws. ‘The Government had no reason to be- lieve that any great power would object to the expedition. Certainly those powers favorable to Italy would not object, and any other power that was desirous that Egypt should remain prosperous and se- cure would not regret the step the Govern- ment had taken. The Government did not dream of ex- tending the conquest to Darfur. That was a nightmare—a creation of Sir Charles Dilke's imagination. The rumor of a British advance would spread with light- ninglike rapidity to the Madhist regions. There could be no better diversion in fayor of the Italians, even if the expedition went