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1 TITE INDIANAPOLIS .TOÜRXAL, FRIDAY, JANUARY 31. 1902. Til i; D A ILY.I OUR X A L FRIDAY, JANUARY .".l. F."'- Trlri!ioue Calls (Old and my.) PuslnMi OfT.ce....::s J Editorial Rooms. . . . Ti:inis of subscription. BT CARRIER INDIANAPOLIS and EUDURB3. Daily, ?unüay InduJt-d. Z) cents jer month. Dally, without Sunday. 4- nts p-r rr onth. Kuni.ir. withv-it iaily. t-.O) ir year. Single cnju: Lm;1, 2 ent; SunJay, 5 cents. ly agi:nts lli:wiieki:. Dally, r week. 10 cents. Daily. Sunday Included, rer week. IS cents. fcunday. per lssuo. i ce?r.ts. I5T MAIL, PREPAID. Dally edition, one year Daily and Surnlay, i-r year Sunday oniy, one year .Jj CO . 7.50 . 2. W) RLoccLD 1 1 AT KS TO CLUI'-S. AVerUly Etlltlon. On copy, co year cr cents Five cents r-r month for periods les than a year. No subacrli-tlon taen for U than thre months. REDUCED RATES TO CLUUS. Eubscrlb with any of oar numerous agents or end subscription tu the JOURNAL NEWSPAPER COMPANY, IndlniiuiMtliM, Ind. Persons nendinj? the Journal through the malls In the United Stte ?houM I ut on an eight-rage cr a twtlve-pae paver a 1-tent staray; on a Sixteen, twenty or twenty-four rae paper a 2-cent stamp. Foreign pustule 3 usually double thes- rate. All communications intended for publication In this paper roust, in order V re-reive attention, be accompanied by th name and address or toe writer. Rejected manucrlrts will not be returned un ten postage Is Inclosed tor that purpouc Entered as eeona-class matter at Indianapolis, Ind.. postoffice. TUB INDIANAPOLIS JOtllAL Can b found at the following ilacrs: JiEU YORK As tor House. CHICAGO Palmer Bous. I. O. News Co.. 217 Dearborn ftreet. Auditorium Annex Hotel. Dearborn Station News star.d. CINCINNATI J. street. R. Hawley & Co., 114 Vine LOPIPVILLE C. T. D'-'Tin?. northwest corner of Third and Je-frr..n streets, and Loulsvlde Boole Co., Z'A Fourth avenue. BT. LOUIS Union News Company. Union Depot. WA9IIINOTON. D. C. Risr Houe, Ebbltt House. Fairfax Hotel. Willard Hotel. DENVER. COL.-Louthan & Jackson. Fifteenth acd I awrence streets. DATTON, O. J. street. V. Wiikle, T.3 So. Jefferson COLUMBUS, O. Viaduct Newa Stand, 2S4 High street. It Is said that If this Rovornment desire! to get rid of the Philip-pines it could finl eager customers. Thus far, however, no One has suggested a sale. The national grocers' convention at Mil waukee refused to adopt a resolution ask ing Congress to keep the duty on sugar. The vote was the result of a light between beet sugar and cheap sugar. . It is not so important to put the Interstate-commerce Commission in charge of the new Department of Commerce and Labor as it is to give it some power to compel railroad managers to be fair. The more the United Mine Workers see of Indianapolis the better they like it. Hav ing: held three annual conventions here they voted almost unanimously to meet hero again next year, although several other cities wanted the convention. There seems to be no doubt that the Dutch government has undertaken to bring about a conclusion of the British-Boer war, and the circumstances ought to be favorable to mediation. The Roers arc ex hausted and the British very tired. The Republican state committee could have had its pick among a number of good men for Irs secretary, but the choice could scarcely have fallen upon a man who will make a better official. As clerk of the Northern Prison Mr. Whitaker devised a s' stem of book-keeping which, with some unimportant changes, has been adopted by most of the State's institutions. Governor Durbin has been fortunate in being able to secure the services of in telligent business men for the trusteeships of the vatious institutions, but he has named no better man than Warren Rigler, of Wabash, for trustee of the Kastern Hos pital for Insane. It is a real and accom plished reform when none but able and successful men are named for such posi tions. From all accounts a change in the gov ernorship of Hawaii is demanded in the interests of progress and good government. Those who are in position to Know say that Governor Dole, who was popular when first appointed, has become very unpopular on account of his narrowness. It is not Charged that he is dishonest, but that he is tinprogressive. Samuel Farker, to whom President Roosevelt has tendered the po sition. Is a native of Hawaii and very wealthy. The .office was offered him sev eral times by President McKinley, but de clined. There seems to be no trouble in getting House committees to report bills which are not of startling importance to the country- A biil has been reported to place greater restrictions upon the manufacture and sale of edeomargarin" in the interest of butter-makers. Wh. : this? AH the real good butter produrd brings a high lrlce, while carload of st"ff composed of grease, milk and dirt brings a better price than it should. Oleomargarine is better and more palatable than such butter, and so long as it is sold as oleomargarine why this constant warfare upon it? The report of the operations of the United States Steel Corporation during the first ten months of its existence shows j that the concern has been very successfully j financed and is now on a cash basis and j very prosperous. The public will b arn with j tome surprise that the company has re- ! frained from raising prices, though busl ...11 L..-. i . . . m i . iiess wouiu i;ae jusuiieu u. i n- de man for products." siys the report, "has been to great that prices could easily have been S advanced. Indeed, hieher prices have been j voluntarily offered by customers, but the i companies have firmly maintained the posi- J tion of not advancing prices." ! The Pittsburg Di.-patch says that every body hopes the conditions in the Philip pines are as favorable as represented by Governor Tfift. EIdent!y the Pittsburg pap.r Ines not in. lüde such men as Sena tors Teller and Dubois with everybody. There has always been a class of opponents to the Republican party who desire the worst xsible eon.ittions. During the Unloi war tluy d. lUht.-d ti tell of Fnfon defi ts, ar.il later :u- jf th in .! via red that a gem-rul short crop would cause tht defeat of the Republicans. There are pari ty of men who would have the Philippines make all the tniuble they p.sibly can. " A bill introduced by S nator Lodge Is said to represent the administration policy regarding: the land owned by the friars in the Philippines. Those holdings are ex- tensive and valuable, including town sites and agricultural lands. Whatever may bo thought of the friars, their title to the lands acquired from the Spanish govern ment is Indisputable and must be re-sp-cted. In fact, our treaty with Spain expressly provides that it shall be. In order to get rid of the friars and break up the land system which has grown up under the union of church and state it Is proposed that the United States shall buy their lands outright at an agreed price and then sell them at cost, giving the pref- j er: nee, in all case?, to the present Filipino j occupants, who will thus become owners of the land Instead of being tenants of the i friars. It will be aMarge real estate trans , action, but not larger than tome others which the government has carried through ! successfully. I A EMBARRASSING PROPOSITION. i '"The Republicans dare not read the Declaration of Independence to the Filipi nos," was the remark of the irritable Sena tor Teller, who seems to be in a chronic state of unhappiness since he became a. Democrat for the sake of l'J to 1. He and ethers seem to think that there Is argu ment in such declarations. The same thing might have been said to Senator Teller when he was among the lead ers of those who assumed that the American Indian must be treated as in- canable of self-government and made a. I ward; and yet a large part of the In- dlans are better qualified for the manugc- ! merit of independent government than the I majority of the natives of the Philippines. When a controlling element of the natives of the Philippines jshall have reached that degree of intelligence and experience that they can understand the Declaration of Independence Republicans will, no doubt, be quite as willing to devote their time to instructing the Filipinos in the contents of that document as will be the associates of Mr. Teller. If it is the reading of the Declaration of j Independence that is to be made the proof j of a party's devotion to the principles of human freeoom, the Journal would sug gest to the irritable anei tearful statesman i from Colorado that he organize a crusade to go through the South reading the Dec laration to the hundreds of thousands of negroes that have been deprived of citizen ship within the past few years. In all of the Southern States, except Arkansas, Georgia, Kentucky and Tennessee, Demo ocratic constitutional conventions have deprived tens of thousamls of colored citi zens of the right to vote. This has been deine on the ground of race, and, there fore, in defiance of the theory that "all men are created eejual and have certain inalienable rights, among which are life, liberty und the pursuit of happiness." Tha party to which Mr. Teller has attached himself, in the section where it has power, has tleprived a large majority of the col ored voters of the right to vote, which is equivalent to depriving them of their citi zenship. These colored men, if not partici pating In the administration of civil gov ernment, have been familiar with its methods generation after generation. The Democrats of the South declare that they are not qualified for participation in popu lar government, really because they are not white men. Now, these same Demo crats, or rather those of the Teller stripe, are in tears of indignation because the doctrines of the Declaration of Independ ence are not applied to mixed races in the Philippines that have never known a sem blance of decent government, who are l tally ignorant of the rights of human be ings or of the powers of free governmtnt. A few leaders talk of popular government, but they have no idea of anything but ar bitrary rule for the mass of people, in which the powers of ordinary Justice are denied. If it Is the consensus of opinion on the part of the Democrats who are of impor tance in the affairs of the Nation that the colored man, who has been familiar with the forms of popular government for generations, is unfit to be given "the in alienable rights" of the Declaration of In eleper.dence, it is a glaring inconsistency for any member of that party to assume that any considerable portion of the Filipi nos are so intelligent and so well experi enced in government that free self-government is their one need. They are putting themselves in a very equivocal position. A C 1 1 KM I CA L VI KW OF T1IK CASK. Of all the testimony yet taken by the ways and means committee regarding com mercial reciprocity with Cuba, that of Dr. II. W. Wiley, chief of the bureau of chem istry in the Department of Agriculture, is the most sprightly and picturesque. The committee has had before it sugar manu facturers, both beet and cane, importers and refiners, representatives of business organizations, the fiscal agent of Cuba and others representing special interests or supposetl to possess special information on the subject. Dr. Wiley is a chemist and gave an academic view of the question. He is the author of a great many scientific papers and bulletins, but none of them ref lates to political economy or reciprocity. He is also author of "The Principles and Prac tice of Agricultural Chemlstrj-," but there is nothing in that relating to international trade or international obligations of any kind. Some years ago he was officially connected with the beet-sugar experiment station in Kansas, but that was before the war with Spain, ami of course before the question of reciprocity with Cuba was born. His present views on the subject are prob ably the result of some recent laboratory experiments. Other persons who have been j before the committee have given what pur ported to b-' facts, figures and arguments pro ami con. but Dr. Wiley simply an nounced scientific conclusions. Ho informed the committee that if Cuba got all she was asking for, and more, too, it would not do her any good. "The cause of the trouble they are fighting." hf said, "is not In the tariff duties of the Unlteil States, but is the overproduction of sugar due to bounties grantetl by Kurope. Their cause .hould be pleaded in the Parliaments of Kunpe, not in that of America. Their suits should go before the Reichstag, the Rundesrath. and the Corps I.egislatif. and not before the American Congress. The p!a-- to plead their cause is before the Congress of I.rus sels, net before the ways and means com mittee of the Congn-ss of th Unite! States. He said if any concession was made to Cuba It would, kill the bet-sugar Industry in this country a statement which is not supporte-d by these of some leading ! b.et-sugar manufacturers. He said he did I not claim to speak for the secretary of j agriculture, and he regnizeil the right of President Roosevelt and Secretary Rot to differ from him, Lut said his views were based on his own conclusions. He had prob ably tested them with litmus paper, er. per haps, had made a qualitative analysis of the subject. The important point is the scientific: discovery that the United States cannot do anything for the relief er bene fit of Cuba in the matter of the sugar tariff and th it the whole question is outside the sphere of congressional action. If the com mittee had called Professor Wiley as the first witness it might have saved itself the trouble of examining many others. Per haps, also, if Professor Wiley had informed the President of his conclusions before the President sent his message to Congress, he j would not have said: "I most earnestly ask your attention to the wisdom, ind-ed, j to the vital need of orovldine for a sub- i stantlal reduction in the tariff duties on Cuban imports into the United States. We are bound by every consideration of honor and expediency to pass commercial meas ures in th interest of her material well being." Professor Wiley, by the way, is an Indiana man and was for several years professor of chemistry at Purdue Univer sity. At that time, however, he had not learned all about the sugar and reciprocity question.?. T1IK 31IK AVOItKKHS HKSOLITIOXS. The coal mine workers, who have just closed an interesting and for the most part t very orderly convention here, appointed special committees to report resolutions on the Chinese exclusion act and on what is called "government by injunction." Of course, there could not be any doubt as to the attitude of the mine workers on these questions. The resolutions were dignified and in good form. Opposition to Chinese immigration was based not merely on the fact that it is a menace to American Vabor and tended to its degradation, but on the higher ground that "experience has shown that it is injudicious, unwise and threatening to our republican form of gov ernment to admit to this country a certain vicious and evil class of all peoples anel races." For these and other reasons, very clearly stated, the resolutions asked all members of Congress representing miners to vote for the re-enactment of the Chinese exclusion law, "with such amendment thereto as will positively forbid and pro hibit any and all Chinese from landing in the United States or in any of its Terri tories where such Chinese may come in competition directly or ndirectly with American labor." Congress will undoubted!- legislate on this line, but it may not go as far as this resolution asks. There are treaty obligations which may prevent i the re-enactment of the exclusion law un til a later period, and some of the most in telligent Americans who have visiteel the Philippines think that Chinese labor is ab solutely necessary to the development cf the islands. If permitted, however, It should be prevented from coming to the United States. The resolutions against government by injunction were temperate anel not unrea sonable. Premising that their sole object was to conserve the rights of wage work ers, they eleclare as follows: Resolved, That we demand the enact ment of such law as may be necessary te prevent the judiciary from fining or im prisoning any man for violation of injunc tions, except upon a verdict of guilty hav ing been rendered by a jury of twelve men; and be it further Resolved. That such laws shall provide that no man rhall be convicted of cemtempt for the violation of any injunction where it can be shown that, aside from the order of the court, he had a legal right to per form the acts for which he is held in con tempt. This is a respectful demand that the ex isting law and practice regarding injunc tions shall be changed by statutory en aetment. A demand that the law be changed is better than a demand that it be ignored or overridden. The general law of Injunction as a remedy for the protec tion of property or propertj' rights Is old and well Fettled, and the law is as neces sary for the protection of the poor man as it is for that of the rich man. There is no probability that the writ of injunc tion as a legal process or remedy will ever be abolished, but the proctiee under it might be modified by statute. As the law stands there can be no question as to the power of a court to enforce its orders by summary punishment of persons disobey ing them, even to the extent of sending a man to Jail without trial by jury. The ar rest and punishment of citizens without trial by Jury for offenses for which the laws provide that right of trial is another question, and a very important one. In the case of Kugene V. Debs the Supreme Court of the United States denied his ap peal against the decision of 'a lower court convicting him of contempt without a trial by jury, thus practically affirming the ac tion of the court. Whether courts shall assume the function of inflicting summary punishment without jury trial for acts punishable by ordinary criminal proceed ings is an important question and the pro priety of settling it by statutory enactment is worth considering. This is all that the miners' resolutions ask. It cannot be that the ways and means committee has finally disposed of the prop osition to reduce the duty on the raw sugar of Cuba, as Indicated in yesterday's paper. The late President McKinley, the secretary of war, many commercial or ganizations and the entire Republican press, with the exception of the New York Press and a few papers in the beet-sugar districts, are for the reduction, but if the Washington report is true all such in fluence counts not so much with the ways and moans committee as a noisy coterie of men who declare that, they cannot make beet sugar without a duty of V) per cent. This is the sort of thing which brings the theory of protection into disrepute the using of it to bolster inconsequential mo nopolies. The coal miners and operator: have an important and delicate work before them in settling the basing scale of wages, hours of work and relative prices between hand and machine mining. When the rules are agreed on and adjusted to different States "and districts by differentials they will have almost the force and effect of laws in the coal-mining business. The op erators and miners understand their busi ness and do not need any advice, but the Journal will venture to suggest that in all cases of opposing interests there is rislu and ju?tice on both sides, and a satisfac tory settlement can only be reachel by conciliation and compromise. A statement of the funds in sight for the St. Louis world's fair shows an ag gregate of 17.213.mO to datc This In cludes an appropriation of $.".ooo,ooa by Congress, the same amount by the city of St. Luids. Jl.e'.c.J by the Stat- of Mis souri and sums ranging from 10,000 to M50,C"0 by twelve other States and Terri tories. Thirty-four States have not yet made any appropriation, but many of them will when the legislatures meet, and some of those which have already made appro priations? are pledged to increase them. Altogether the fund available for the fair promises to be large enough to justify great expectations. There must have been some mistake In Judge Cantrill's court. Howard was let off with a life sentence. Doubtless the Goebel ites assumed that when every man on the jury was a Goebelite, not only conviction but the highest penalty was assured. That IIeward proved an alibi was not of the least consequence. The mission of the Can trill court is to convict. The Postoffice Department has issued an order that hereafter a written designation on the wrapper such as "book." "printed matter" or "photo" shall be construed as a permissible "inscription" upon mail mat ter of the third class. This revokes a previous construction forbidding such writ ing. THE HUMORISTS. More tlinn Low. Philadelphia Press. "Whew! the temperature's pretty low this morning." "Low! It's rositivtly vulgar." Willie Knew. New York Mail ami Express. "Who was Daniel?" asked the S. S. teacher. "He wuz a hlpnytist," promptly answered "Willie, who had read the lion story. The Indigent Dr. There was a young indigent Dr Callel in by a woman named Prr With a batt'ry he shr.. Quite senseless he knr.. Tn plunks was the sum that he sr. Chicago Tribune. From 'Way Hack. Catholic Standard. "JIow do you lik- the roast lamb, Mr. Knox?" Inquired the landlady. "Lamb? Ah! yes. Mary's lamb," said the cianky boarder, for harking back to his child hood he realized that Mary's pet might easily be that old now. A Sldewulk Prescription. New York Times. The busy doctor was hurrying down the street vhen he was stopped by a man noted for his atility to Kt "sidewalk" advice. "I am thoroughly worn out, and fick and tired. What ought I take?" asked the man. "Take a cab," replied the unfeeling doctor. A Warning; from Lo. Washington Star. "We are absolutely sure." said the "Western man, "that Germany thinks ever and ever so much of us, and wouldn't do a thing to harm us for the world." "How do you know?" asked the Indian chief. "Heraus Prinee Henry is coming over here to present our lending citizens and officials wltn beautiful cigarette eases and sleeve buttons and cdher valuable souvenirs." "Listen, oh. white man." said the Indian earnestly; "listen to the voice of sad experi ence. Do not be too trustful. Whea the Eu ropeans first visited our country, they male us beautiful presents of glass beads and jack knives. And r.ow they are trying to make us cut our hair and wear suspender!" CARNEGIE INSTITUTION. OrKitiilr.atloit Completed by election of nn executive Committee. WASHINGTON, Jan. 30. The Carnegie Institution completed its organization to day by the election of the following execu tive committee: Abram S. Hewitt, Dr. D. C. Gllman, Secretary of War Ellhu Root, Dr. J. R. Hillings. Carroll D. Wright, Dr. S. Weir Mitchell and Dr. C. D. Walcott. Dr. Gilman, president of the institution, reported that a house, No. 1439 K street, in this city, had been secured for a tempo rary home for the institution. The erec tion later of an administration building in this city is contemplatel. Judge Morrow, of California, offered the following resolution acknowledging the gift, which was unanimously adopted: "Resolved. That the board of trustees, acknowledge g the generosity of the gift of" Mr. Carnegie, in the foundation of the institution, desire to express the concur rence of the trustees, in the scope am! pur pose stated In his deed of trust, here for mally accept the donation and the respon sibilities connected with it." Preceding the action on the resolution Dr. Gilman spoke at some length, explain ing the scope and purposts of the gift. The meeting to-day was a brief one. Kx-Mayor Hewitt, of New York, presided. The by-laws of the inftitution were care fully considered and a few changes in the language of the final draft were made. These changes make the terms of office of the trustees three instead of five years. A specific provision was inserted In the fifth article that no expenditure shall be author izeel or made by the executive committee except in pursuance of a previous appro priation by the board. The executive com mittee also is directed, to submit at each annual meeting a detailed estimate for the expenditures of the succeeding year and amendment of the by-laws is permitted by a majofity vote of the entire membership of the board of trustees at any prior, as well as h subsequent, meeting to that of the board te be held next November. The executive committee spent most of the aft ernoon in conference. The next meeting of the trustees will be held at the headquar ters of the trustees here next November. PANIC ON A PERRY BOAT. Collision Alarms Women and n Dozen Faint No One Ilndiy Hurt. NEW YORK. Jan. SO. The Jersey Cen tral Railway ferry boat was run into by a railroad tug in the Hudson river during a snowstorm to-day. There were 500 passen gers on the ferry boat, of wh'om about 100 were women. The Central found it very heavy going in the storm and was feeling1 her way slowly out into midstream. When about a quarter of a mile from her slip at Communipaw the Central's captain no ticed a long processor, of small tugs and other craft heading toward the slip he had just left on his port side. Just as these passed he turned to look through the snow storm to see if his path was clear on the starboard side. The heavy tlakes obstruct ed his vision beyond a hundred yards away, and before he could pick up his marine glasses there was a crash and a great smashing of timbers. One of the heavy tugs of the Baltimore & Ohio, having a float carrying a dozen loaded freight cars, had crashed into the Central below the paddle wheel on the women's cabin side of the ves sel. Hefore the Central could reverse her pow er the tug had forged its way through the light woodwork that covers the ladles' cab in and the women Inside were panic stricken. Their shrieks, combined with the crack ling sound of the breaking timbers, quickly brought a number of the men passengers over to their side of the boat. The men rushed over so quickly that the Central ca reened and it was feared for a second that she would turn turtle. The Central's run ning gear w.-ts not damage!, however, and the poon righted hers If and proceeded to her New York slip. Twelve women passen gers fainted during the excitement, but they were soon revived. No one was bad ly hurt. MeKnlglit Helenteil on Itond. LOUISVILLE. Ky.f Jan. l.-J. M. Mc Knight. late of the defunct German Na tional Rank, was to-day released from jail, in which he has been confinel since his thinl conviction of embezzling the funds of the bank. He gave a bond of JU.e). United States Judge Evans, who hael previously refused to grant MeKnlght bail, said to-day that he would allow bail from a hdre to comply with the letter which United States Circuit Judge Lurton wrote recommending that MeKnlght be released pending the hearing of his appeal by the United States Court of Appeal. E APPEAL 'CO.M31KTS" OF CAPTAIN LKMLY AND SOLICITOR 1IAXNA.V Counsel for the Aelnilrnl Charged with Shifting Ground and Disre garding Main Points. COURT'S UNDING UNANIMOUS OX THE MOST IMPORTANT MATTERS THAT WERK IN YEST1GATED. Schley Was Found (iuilly of Dinohcy iiiK Orders, Injustice to Uiother Officer, Etc. WASHINGTON, Jan. SC. The "com ments" of Judge Advocate General Lemly and Solicitor Hanna on the appeal of Ad miral Schley, as submitted to the President by Secretary Long, is less than a third as long as the appeal itself, a fact accounted for by the comparatively few quotations from the court's testimony in the case of the "comments." The commentators begin with a statement that Admiral Schley and his counsel have shifted their ground. They say the chief features of the case were "the retrograde movement," "dis obedience of orders," "inaccurate and mis leading official reports," "failure to destroy vessels of the enemy lying within sight" and "injustice to a brother officer." These matters are all grave. The first was that the finest aggregation of American naval vessels under one command was, by Schley's directions, turned about and headed for Key West, more than 7t0 miles distant, when within twenty-two miles of Santiago, where the enemy's ships were. The second was that Schley deliberately and knowingly disobeyed the secretary's ordey overtaking him in his retrograde movement. The third was that Schley's reason, officially given, for the retregrade movement and disobeilience of orders, namely, "that the flying squadron was short of coal," was not true. The fourth was that for three days some of the Span ish ships lay within reach of the Hying squadron anel no sufficient effort was made to destroy them. The fifth involves the point of honor. The commentators say: "Upon all the above-named features, believed by us to be the most important, if not the only really important matters, into which the court maele inquiry, the conduct of Admiral Schley was condemne! by that most dls tinguisheil tribunal. Admiral Dewey and Rear Admirals Einham and Ramsay united in their findings änd opinion on all of these several points and they united also in the significant recommendations that no further proceedings be hael "in view of the length of time which has elapsed since the occurrence of the events of the Santiago campaign." GRAVE MATTERS IGNORED. The commentators charge that Admiral Schley now .ignores all these grave mat ters and bases his appeal on unimportant features of the case as compared with the grave charges above referred to, "upon which there wjis not, and in the face of the testimony, dould not have been any dif ference of opinion of the court." The commentators say that they recog nize the fact that Admiral Schley devoted by far the longer part of his appeal to the question of command and consequently give that question a proportionate space in their comment. They declare that the question is between Sampson and Schley, both alike interested, ami to investigate it fairly both shouhl be heard. Such incidental testimony on this point as came before the court was on Schley's side only, and the doors were entirely closed to Sampson. They adl: "To determine an important eiuestion of this nature, under such conditions, is contrary to the uinlerlying principles of Anglo-Saxon Justice. Nevertheless it is precisely what the appeal asks the Preshlent to do." It is admitted that the precept was broad enough to have permitted the court to go into this ejuesthm. but it is recalled that the judge advocate, though expressing a willingness to enter upon it, the court did not deem it necessary or proper to do so. The judge advocate, they say, might have shown that it was Admiral Sampson's plan of night blockade that forced Cervera to come out in the daylight, and Captain Clark is quoted to support that statement. They quote Admiral Schley in his testi mony to the effect that the American ships charged in "according to the original plan to sink the enemy in th? channel," c nd that that plan failel because the enemy suc ceeded really in passing the battle line. They ask why did the enemy succeed and declare "the Brooklyn, having abandoned her position on the left of the line, thereby left an unguarded opening along the west ern shore, through which the Spanish fleet passed our ships anel attempted to escape." The court's opinion is quoted to the elYict that the Brooklyn lost distance in posi tion by the "loop" and delayeei the Texas. SAMPSON IN COMMAND. To sustain their contention that Sampson was In command, the commentators quote paragraphs from Schley's report of July 6, as follows: "The torpedo-boat de stroyers were destroyed early in the action, but the smoke was so dense in their direc tion that I cannot say to which vessel or vessels the credit belongs. This doubtless was better seen from your llagship. The dense smoke of the combat shut eut from my view the Indiana and the Gloucester, but as these vessels were closer to your Hagship. no doubt their part in the conflict was under your immediate observation." They remark: "Nobody has ever dis puted Grant's title to the victory at Ap pomattox, though lying sick some miles from the place of surrender so far that it was feared he .could not be reached with in the period of armistice. Though Howard was senior officer present at the capture of Savannah and Sherman absent on one of Admiral Dahlgren's gunboats, nobody has questioned Sherman's famous report to Lincoln: 'I beg to present you, as a Christmas gift, the city of Savannah.' " And, as showing Schley's own opinion of who was in command, they quote this mes sage from his dispatch of July 10, 1S, to the secretary of the navy: "Feel some mortification that the newspaper accounts of July 6 have attributed victory of July C almost entirely to me. Victory was se cured by the force unier the command of commander-in-chief North Atlantic station, and to him the honor is due." Further, they quote Schley's letter of Dec. IS, V.1, to Secretary Long, Justifying the "loop" on the expressed ground that It was made "in the execution of the stand ing order to close in." It is asked: "But if he was there himself in command, how happens It that he was executing the or ders of somebody else In command? Be fore the court of Inquiry, every prop raised to support the contention that Commodore Schley did many mings to achieve the victory by issuing orders as commanding officer of the American fleet was removed. The plain truth was for the first time re vealed that Commodore Schley lid not ex ercise command on that day over any ship except, to some extent, his own flagship, the Brooklyn." EXTRACTS FROM TESTIMONY. The comment at this point contains a number of extracts from the testimony to sustain this contention. Taking the Brooklyn's signal book It is stated that this showed that the Brooklyn gave only two orders: "Clear for action" and "Close up." A meagre record, but It is the whole story. The commentators vote Lieutenant McCauley, the Brooklyn signal nificer. that the first signal. "Clear ship for acti n," was hoisted by him "on my uwi. hook." They assert that the fleet had been sub stantially clearetl for action for over a month, and that what remained to be done on shipboard was not dune In pur suance of this order. They epuute Captain Clark to the effect that it was a standing order on the Oregon, upon sighting the enemy, to "immediately strike the alarm gongs for clearing ship for action," which. REPLY T IK they declare, was a standing order, and consequently the Oregon did not act on signal from the Brooklyn. Other testi mony is cited on this point, and then the order "Close up" Is considered. The "comments" lnsi-t that this order was not seen by any ship other than the Oregon, unless." perhaps, the Texas, and that It exercised no influence whatever upon any vcsei of th? squadron. They also quote Admirel Schley's testimony that the Brooklyn's charge wiis made in acconlance with the original plan. Of the order ' Close up" they say: "So this order, the second of the two signaled from the Brooklyn during the battle of Santiago to the Ameri can tleet, was really formal also and was given in accordance with Sampson's origi nal plan of battle which required closing up with a view to sinking the Spanish Vis sels in the entrance. Surprising as this is, it is shown bv Admiral Schley's sworn testimony, and is corroborated by the time and circumstances under which the signal was made. It did not influence other ships. All the captains had been advised of thj plan of battle and all 'closed' accordingly without waiting or looking for signals from the Brooklyn and paid no attention to this signal, which, as above stated, was not seen except from the Oregon and not from that ship until after all vessels had closed up. It is even more surprising, but it ap pears to be a fact, that Admiral Schley issued no further fleet order during the progress of the battle." The commentators next state: "If Com modore Schley were in absolute control during the battle and he made use of .his authority he must have exercised some control of the vessels participating." whereupon they take up in detail the testi mony of the commanding officers on this point and say: "Walnwright, of the Gloucester, said he saw no orders from the Brooklyn: Taylor, qf the Indiana, said he saw no signals from tho Brooklyn; Evans, of the Iowa, said of the Brooklyn. 1 never saw any signal from her; I did not maneuver in obedience to any signal from the Oregon; the c-mmanding officer of the Texas is leadt but the officer's testimony makes it clear that that ship received no orders." Speaking: of this ship, the commentators declare: "The question is not so much one of possible credit to but of possible censure of Admiral Schley In connection with the work of that vessel In the battle of Santiago. The plain truth is that Ad miral Schley did not. lurtng the battle. In any way direct or control the splendid per formances of the Gloucester and the three battleships Indiana, Iowa and Texas. The officers in command of these ships neither received nor obeyed a solitary order from him." Next, the commentators turn their atten tion to what they declare were, persistent efforts by Schley's attorneys to "show that in some "manner the Oregon at least was under his orders during the battle; first, by answering the signal "Close up." and afterward by firing her thirteen-lnch guns under signal from the Brooklyn, and they say, "But that attempt, as the testimony to be quoted below shows, was a failure." They quote, therefore, passages from Captain Clark's testimony in which he said in regard to the order "Close up," that was a standing order in the-squadron to attack the enemy at once if they; appeared and to keep the heads of the ships always toward the entrance, "and I remember a feeling of satisfaction that there was an order to close in in case any accident had happened any colliding with other ships." As to the alleged order from the Brooklyn directing the Oregon to fire her thirteen-lnch guns, the commentators again quote from Capt. Clark's testimony where, when asked if the guns were fired in pursuance of an order from the Brooklyn, the captain said: "No, sir. I fired them after deliberating with the officers" and "If they (the Brooklyn) made a signal I did not see it." The comment closes in the following words: "The contention that the magnifi cent work of the Oregon, or any part of it, was lone under orders from the Brooklyn, or that the Oregon receive d and obeyed even a single order from Commodore Schley, from the time the Spanish ships were sighted to the time of the surrender of the Colon, which surrender may fairly le taken as the close of the battle, must be abandoned; and with it goes the last peg upon which to hang the pretense of a claim that during the battle of Santiago Com modore Schley effectively exercised any of the functions of a commander-in-chief. "The weight of the testimony is to the effect that the commodore controlled the movements of his llagship. the Brooklyn, well, with the exception of the loop. But it also shows, not negatively, but affirma tively ami beyond question, that he did not control the operations ef the fleet in gen eral on that lay. All this is established not by theoretical deduction or expert or inexpert opinion, but by direct, positive, unimpeached and unimpeachable testimony, given under oath by the admiral's brothers in arms. "The plain truth of the matter, there fore, developed for the first time under the searchlight of this inquiry, although quite incidentally, is that so far as the eJloue-ester. the Iowa. the Indiana, the Texas, and the Oregon are concerned. nt the stroke of a propeller blade, nor the touch of a helm, not the firing of a shot, was done under the eiirection or by the orders of Admiral Schley during this mem orable battle." SCHWAB HAS NOT RESIGNED. Wall-Street Humor l'nqnnlifledl De nied by J. I'ierpont Morann. NEW YORK. Jan. CO. A rumor that Charles M. Scwab had resigned as presi dent of the United States Steel Corporation went through Wall street to-day, but it was unqualifiedly denied by J. Pierpont Morgan. Mr. Morgan said: "Mr. Schwab has not resign'd, nor is there any meeting scheduled for the consideration of his resig nation, as has been stated. No meeting of the stockholders will take place for a month, s. you, see, the rumors that an early meeting would be held to act on his resignation are untrue." Another member of the firm of J. I. Morgan & Co. said Mr. Morgan had no faith in. the reports of Mr. Schwab's al leged gambling at Monte Carlo. 31 r. Schwul in Paris. PARIS. Jan. 30. Charles M. Schwab, president of the United States Steel Corpo ration, has arrived here from Berlin. He said the report that while in Vienna he had conferred with the heads of Austro Hungarian companies with the view of making a working arrangement between them and the United States Steel Corpo ration was without foundation. He had not occupied himself with business luilng his European trip. Mr. Schwab will sail for the I'nited States onxthe American line steamer St. Paul, which is to leave South ampton Fe b. 8. He will first visit London. When Mr. Scwab was asked about the rumor that he had resigned he refused to confirm or deny the report. He repeated emphatically, "I won't say anything." NOT A REAL HERETIC. Prof. Pearson Relieves in Christ Prayer and Power of Holy C;iiost. CHICAGO. Jan. 30. Prof. Charles W. Pearson, of Northwestern University, who recently created much comment by reason of his attacks on certain parts of the Bible, to-day caused surprise at the chspel ex ercises of the university by asking to make a statement before the students. The oc casion was the observance ef the day of prayer of the American colleges. Just as the services were ending Professor Pearson arose, and, on being- glvi-n permission to speak briefly, buried his head in his hands a moment ind then said: "This may be the last time that I will have the oppor tunity of addressing you on a similar occa sion. This is my reason for desiring to speak. I believe in Christ. I believe in prayer and I b-lieve in the power of the Holy Ghost. Anything I have done or said was for the benefit of the Christian relig ion. I think that it has Ion? some good. I do not car' to retract and I regret nothing I h ive' said or written." The students at once took Professor Pear son's meaning to be cither that he would resign or that h" was biing lismissed. But both he an I members ot the fnculty said ! no such action was contemplated. A Chicnuo Summer (inrden Scheme. CHICAGO. Jan. ;!. The t'hicag.i Coli seum, winch can s. at lr.'M people, and is loc ite-d in trie i enter )f the city, is to be utiüzeu ;is a mammoth indoor summr gar 'en. Appli''.ttir,n was made to-day to the secretary of state for a ehartr by (ii-dixi-S. Wood, who has her n ass -l.it d with the managt meat f a number of the principal expositions and theatrical nterprises here. In warm ath-r the present syst . mi of hating the- Immense building by forcing large volumes id air from outdoors throuch and between hue coiN of pipes heat d by steam, will be n vt-rsl, the fresh air bt lng forc! thmugh and b twe-n the same pipes frozen by ammonia, enabling the ground of the interior to cool the interior as many degrees as desired. 1. TILLMAN SPEAKS AN II IN inENTAI.I.V TOl CHES MR. BEM'.HHX.E WITH II IS FORK." South Carolina's "Spitfire' Entertains the Senate with a Speech ou a Historical Subject. MANY HIN0R BILLS PASSED MR. HOAR'S PRESIDENTIAL SI C CCS MOX PLAN ALM) APPROVIID. Hill for the Creation or n. Permanent Census Bureau Adopted by the Lower House. WASHINGTON, Jan. 3-Senator Till man, of South Carolina, commonly known as the TItchfcrker." entertained the Sen ate to-day with one of his charactelstlc speeches, and incidentally attempted to "fork" Mr. Beverldge. of Indiana. To-day' session of the Senate, , however, was de void of the tumultous scenes which char acterized tho sessions of the past thre days. After the Fhlllpplne tariff measure was taken up, at 2 o'clock, Mr. Tillman discussed the part his State took in tho war for th independence of the colonies. Incidentally he referred occasionally to the pending bill, drawing morals, as he said, for the benefit of the majority, that they might bs applied to tha Philippines. He desired, he said, to continue the ells cussion of the very Interesting historical subject which had been brought to the At ttntion of the Senate by Mr. Money, of Mississippi. He would have had something to say about the matter yesterday had not Mr. Lodge employed what he considered ungracious tactics. These tactics were sup plemented by other Republican senators, he said, and "my gallant young friend from Indiana (Mr. Beveridge) leaped into the arena and charged the minority with con spiracy and obstruction. The Philippine tariff bill," he continued, "is very impor tant from the standpoint of those, who prey pose to pursue relentlessly ami remoreless ly the present Philippine policy, although the senatoi from Utah (Mr. Rawlins) has shown there Is now over there plenty of money for the carpet-baggers to upend." Discussing the historical subject ralse-d yesterday, Mr. Tillman said: "1 am glad that Massachusetts has one representative in this chamber even if South Carolina has only one." he interpolated significantly, "who stands sturdily fr the principle's upon which this government was foundel." He then entered upon an elaborate account of the part South Carolina took in the war for indepemlence of the colonies. FLOW OF INVECTIVE. While Mr. Tillman was speaking several senators engaged in conversation among themselves. To this Mr. Tillman objected because of the interruption, and he re quested that those so engaged retire to the cloakrooms. For once ho was, be said, making a speech for home consumption. "Of course," he said, "the senators on the Republican side are not intereste!. I could hardly hope to reach, on such a sub ject, the minds and hearts of the calloused majority the commercialized, money-grabbing, money-loving majority as such a subject is not in accordance with the mis erable, canting, damnable attitude which that party is now assuming." By the time he had concluded this linguistic diversion Mr. Tillman had the attention of ali the senators present. Mr. Tillman declared it was the history of all conjuering armies when presecutlnjr such a struggle as the British prcsse-d against the revolutionary colonists, and which is now being carried on by the Brit ish in South Africa, that they committed cruelties -ami trample! upon all the obliga tions of humanity. "And I would ask the majority in this chamber." he said, "if, in trying ti force Filipinos to accept our government without a promise, they are not inviting the e.aspcratin of the native s and a spirit of perpetual insurrection?" The effort to treat the Filipinos "as chat telsas cattle," he declared, "was dam nable," and he accused the majority with being the real murderers of our troops in the Philippines. "But." he asserte.i. shak ing his fingi r at the Republican side, "if we can gag you and force down your throats a scintilla or small dose of the prin ciples which actuated the men of Massa chusetts In lTTO we will have done our eluty to the country and to humanity." In a brief colloquy with Mr. Burton al lusion was made to the remark of Mr. Till man yesterday about the burning of ne groes in Kansas. Mr. Burton said that no one in Kansas was proud of committing murder, and Mr. Tillman retorted: "They preferred to murder them in the Philip pines." Commenting on the sedition laws promul gated by the Philippine Commission, Mr. Tillman inquired of Mr. Hoar whether the Springfield Republican, which, he saht, was opposed to the Republican "imperialistic policy." under those laws would be p r-mitn-d to be circulated In the Philippines. "While I decline to enter upn any elis cussion of Massachusetts newspape rs." V tid Mr. Hoar. "I will say to the senator if he wants to know my opinion e)f the commis sion's order that I think it is an abominable cnler." In conclusion Mr. Tillman said the pend ing Philippine tariff bill, as a proposition to erect a tariff wall between the Unltel States ani another part f the domestic territory, was a leparture from every prin ciple that had brought this country to the pinnacle of greatness nnl made it the cyn osure of the eyes of the world as the land of the fr'e and the home of the brave. BILLS AND RESOLUTIONS. Refore Mr. Tillman began to sp-ak & resolution offered by Mr. Proctor direct ing the secretaries of the Interior and aqri culture to report to the Senate any facts they may possess regarding the pre serva tion of the American buffalo r bison, and whether any steps euight to be taken to prevent the extinction of the animals, was adopted. Mr. Hoar called up for consideration the Joint resolution propslng an amendment to the Constitution of the United States respecting the succession of the presidency in case the President-elect should die be tween the time of his election and the date of his inauguration. Without a word of comment the resolution was parsed, the president pro tern, annour.elng. at the re quest of Mr. Hoar, that two-thirds of the senators had voted for it. A bill was passed to establish the Freder icksburg anel adjacent national battlefields memorial park in Virginia. The bill appr priates 1).m. it was amended by striking- out the statement that n the limited territory to Le comprised in the park more great battles were foucht. more men en gaged and more1 execution done than on any other spot of similar area in the world. Other bills pissed were: To increase the cot of the Aberdeen. S. D.. public build ing from 1 V'i. to 1175.'; adding Jl.r,).iQ to the cost of the public building at an Francisco; to Increase the limit of cost f the public building at Butte. Mont., from J?2C.0"O to C . ; to provide for the estab lishment of Ji liKht and fo signal station on one of the mile recks. San Francisco bay. Cab: to establish a fojc bell and len lantern light on the southeastern end of Southampton shoal. Sm Francisco bay, Cal.; to establish a light and fog signal at a point n Karquines strait, e'al.. op posite thru now occuple! by the Selby sT.eltlrig works: for th- eonstru-tlon of a i iicntsrup tor muni s re.-i, racme cean, : !T Cape M-ndocino. Cal.; to establish a j fog signal at l' rt WlnflHd Stt. Frt : Point. Cal.; appr.iprl itlng J!.Vt. for the erecting f a publb- building at Gree nville, i Term.; fixing the compensation ef eiitrlet I superintend" nts in the life-saving s rvlce i at $'. pr annum; appropriating p. ..) : for the ereetion .f a public building at ! Evanst.n. Wyo.; granting to the State of ; Wyoming r'.-' acres f nonmtnt rul land I to aid in continuation, e nlargement and j maintenance eif the Wyoming State Sol- elh -rs and Sail -rs Home. appropri ating Ji.oni i r nl.irglng the pub lic building at Hartford. Com;.; pro viding thht the secretary f the navy may ac qt t ertlMed t-hck instead of a bonl for the execution of a contract I awarded for supplies; providing that bona