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New-York tribune. (New York [N.Y.]) 1866-1924, December 21, 1900, Image 1

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DR. P.M. WISE REMOVED.
WAS PRESIDEXT OF STATE
COMMISSION IX LUNACY.
fINAL HEARING OF GRAVE CHARGES
AGAINST HIM— GOVERNOR'S
PROMPT DECISION.
[BT TELEGRAPH TO TBS TEIBCXX.]
Albany, Dec 20. — Governor Roosevelt has re
moved from office Dr. Peter M. Wise, of New-
Tork, president of the State Commission in Lu
nacy, after giving him an opportunity to make an
explanation of certain statements r ; made to the
Governor on December 10 and 11 in relation to
the alleged sale through him of stock in a cop
per mining company of New-Mexico, In which
Dr. Wise was pecuniarily interested, to employes
tt State hospitals for the Insane under the con
trol of the State Commissioner in Lunacy, and,
iecord. in regard to his part in the construction
of m artificial ice plant on the grounds of the
Long Island State Hospital at Flatbush. This
explanation the Governor considered unsatis
factory, and therefore removed him from office.
Dr. Wise's term would have expired on Decem
ber 31 cf the present year. The Governor states
that ua will not fill the vacancy In the State
Corr'oission in Lunacy, leaving that duty to Mr.
OfleU when he assumes office in January.
The Governor sets forth his reasons for Dr.
Wise* removal in the following memorandum:
In making this removal I consider nothing but
the """ills and admissions of Dr. Wise him
eel! as made in his testimony taken before me
on December 10 and 11 inst.. and submitted in
the form of Exhibit No. 1 at the hearing on
ttf charges en December 20. 1900. The ac
curacy of this testimony was acknowledged by
Dr. Wise's counsel.
Dr. Wise was guilty of gross impropriety in
Erectly or indirectly, by suggestion or other
wise, soliciting subscription to the Copper Hill
Mining Company, or which he was president,
from his official subordinates of both sexes, in
cluding superintendents, doctors, stewards, and
in at least two cases the heads of private asy
lums which are under the supervision of the
State Commission in Lunacy. Such conduct
would be improper in any public officer. It is
peculiar improper In the case of the head of
the State Commission in Lunacy. This Com
mission has extraordinary power, controls vast
nuns of money, deals with a peculiarly helpless
class of people; so it calls for a particularly
high type of official rectitude. When the head
of a department suggests in any way to a sub
ordinate to take 'lock in any company which is
under the control of the said head the effect is
twofold, In the first place, there must in many
cases be a species of moral coercion upon the
subordinate; m the second place, if he takes
stock at the request of his chief the latter is
to & greater or leas extent under such relation
to him as must inevitably impair proper disci
pline; they become confederates, and such a
relation necessarily lowers the entire morale of
the force. In the case of private asylums
wherein any abases in connection with the in
*&n* are especially likely to take place, it. of
course, Is especially incumbent upon the Lunacy
Commissioner* to avoid any relations which
might hamper their freedom of action. In this
case Dr. Wise, owing to his presidency of the
copper mining company in question and his
efforts to have the stock taken by subordinates.
was thrown into still further unfortunate rela
tions with them: such as having seven doctors
and x steward indorse a note for $1,600 en one
•occasion, and trying to borrow several thousand
dollars on another occasion from the head of one
of the private asylums. Seemingly the copper
"'mfce'eotapany is now in a very bad financial
condition, a circumstance -which, is sufficient to
fhow the utter impropriety in the head of a
department using the influence given by official
position to persuade subordinates earning not
too large salaries to embark some of their
slender earnings in such a venture.
The case of the icehouse at the Flatbush
Asylum I regard more serious EtilL Here Dr.
Wise clearly sought to make money out of his
official position. It was no part of his duty to
have such a building erected. Nevertheless, he
usurped this function of one of his subordinates
end himself directed the erection of the build
ing. The foundation and piping were laid by the
labor of the patients that is. by the State. It
was intended to use the icehouse as an experi
ment in making ice under a new process for
the different State hospitals.
Dr. Wise had financial relations with the
company such that he would have benefited
greatly by the success of the experiment. He
claims that the experiment, if. successful, would
also have benefited the State; but this, of
course, does not alter the utter impropriety of
rfs using his position as a State official to se
cure cuniary advantage to himself from a
corporation which through him was to estab
lish relations with the State. He had a finan
cial interest in the company -while in the inter
est of the company he was building the ice
house on State land and partly by State labor.
He has himself admitted the impropriety of this
conduct by statin? that when the construction
if the icehouse was undertaken he gave up his
interest in the company; yet it appears from his
letters that he never gave it up at — certainly
r.ct for eight months after the construction of
the boose was undertaken and until it was be
lle red that the process was a failure. In ex
planation of these letters which were written
the officials or agents of the company Dr. Wise
Moots that he really had given up his interest.
bat that he way deceiving his business associ
ates during their long correspondence, lasting
for eight months. Taking into account such a
letter as that partially quoted in hi« testimony
of December 11 written by him to Mr. Vaughn
it is absolutely Impossible to credit this state
n.ent or to believe that he entered into such a
l<-ng, complicated and utterly purposeless de
ception. Moreover. if his plea Is admitted, it
¦Imply makes him guilty of another type of
moral turpitude.
It is not possible to exact a high standard of
public service and at the same time to condone
ruch conduct as that of Dr. Wise,. and he is ac
cordingly removed from office.
Dr. Wise was represented at the hearing to
day by Louis E. • 'arr and J. Murray Downs, of
Albany, and was himself present. Mr. Carr sub
mitted a written answer to the charges made
against Dr. Wise. In this answer Dr. Wise took
the position that the Governor had no jurisdic
tion to hear the charges against him, and pro
tested against being tried at this time for the
reason that r.o opportunity had been afforded
h:a» of procuring the attendance of witnesses in
his behalf. Second, Dr. Wise protested against
the use, without Us consent, of personal cor
respondence and papers stolen from his office
and delivered to th* Governor, and which papers
Sat Governor refused to let him inspect or ex
amine. He alleged that no one should be com
f*!]ed bo be a witness apainet himself, and that
fc* should not be tried upon testimony which he
*ac sol allowed to inspect, nor upon the Infor
mation furbished by accusers or informers
¦"'horn he was not allowed to confront or exam
ine. and that he could only be removed from
office, he being 1 constitutional officer, after a
trial before the Senate upon charges preferred
by the Governor, and after he had had a fair
opportunity to prepare a defense and to sub- ;
etantlate it by the testimony of witnesses per
sonally acquainted with the facts.
DR. WISE'S DENIAL.
Dr. Visa also in hie statement denied that he
solicited any physician In the employ of the
State hospitals to take Block In the copper min
ing company of which he was president, and al- i
lfl £«d that if any of these officials purchased j
the stock they did it on their own responsibility. j
Lastly. Dr. Wise said in bis statement:
Fourth— With reference to that portion of the
charge* relating to the construction of an ice- ;
house for the Long Island State Hospital at <
Flatburh. he denies that he, directly or mdl- j
rwtly. u«ed the credit of the State to procure
<< oat | BB rd on third p«K<-i
A connoisseur CM pick Bailantin':'s India Palo
AM tnm mil ethers by lv exQuUite aroma.— Advt.
CRUISER ALBAXT STRIKES A REEF
FLOATED OFF, HOWEVER. AND REACHES
CAVITE IN SAFETY.
Manila. Dec. 20.— The United States cruiser
Albany. Captain J. E. Craig, grounded on a reef
Jn Subig Bay, but was floated off, and has
reached Cavlte. General Bates reports that a
detachment of the Fourth United States Cav
alry, assisted by a gunboat, attacked the town
of Pantangan and dispersed the armed occu
pants, killing thirteen.
The leaders of the projected Autonomy party
have again visited the Philippine Commission,
and the platform proposed was discussed pri
vately and in an informal way. The plan of the
party is to form United States territories, in
volving candidature for ultimate Statehood. The
platform declares in favor of a Senate and a
House of Representatives selected from the
districts of the archipelago according to popu
lation. In preparing a bill of rights the United
States Constitution is utilized, with the excep
tion of the feature of trial by Jury. The legis
lature would choose five delegates to the United
States Congress. The platform opposes the sale
of the Philippines without the consent of the
Legislature.
DADT WILL APPEAL TO GEXERAL WOOD.
HAVANA'S MAYOR TO VETO THE RIGHTS GIVEN*
BY THE COUNCIL.
[ST CABLE TO THI TRIBUNE. 1
Havana, Dec. 20. — The Constitutional Convention
Is still In secret session. The delegates have de
cided that the qualification for the Presidency shall
be citizenship at the time of the signing of the Con
stitution.
Mayor Rodriguez will veto the action of the coun
cil giving- to Michael J. Dady the "tanteo" rights
under the Havana sewering contract. Dady will
appeal to Governor Wood, and he declares that if
the latter will not give him his rights he will carry
the case to President McKinley and perhaps to
Congress.
APPEAL TO THE CUBAN PEOPLE.
Havana. Dec. 20.— Alexis E. Frye, Superintendent
of Cuban Schools, who will be married on New
Year's Day to Sefiorita Maria Teresa Arruebarrena,
a school teacher of Cardenas, has issued an appeal
to the Cuban people, urging them, in the 6pirit of
the new year, the new century and of his marriage
w.th a Cuban, to drop the sentiment of hatred of
Spain In the Cuban hymn and to substitute for the
words. "Not afraid of the Spanish tyrant," the
words "Not afraid of the government of strangers."
Seftorita Arruebarrena will issue one hundred thou
ear.d copies of the hymn containing the new words
on the wedding day. In his appeal Mr. Frye says:
Cuba no longer is nor will she ever be again a
colony. The hour has sounded for her to take her
proper place among the nations of the world. Cuba
must teach her sons that whatever nation tramples
on her freedom is a tyrant, and she must be ever
ready, with life and fortune, to guard the freedom
of the fatherland against any foreign Power what
ever. I hope that the Constitutional Convention
---ommecd this broader principle as the t asis
and eenius of Cuba's national hymn. In marrying
a Cuban teacher I pledge the same loyalty to the
Cuban flag as to the Stars and Stripes.
REGRET EXPRESSED IX LOWDOX.
NEWSPAPERS SAT THE AMENDED TREATT CAN
NOT BE ACCEPTED.
London, Dec. 21. — Nearly all the morning pa
pers have editorials on the action of the United
States Senate in connection with the Hay-
Pauncefote Canal Treaty. They express regret
rather than surprise at the supersession of the
Claytcr.-Bulwer Treaty, and unanimously de
clare that it will be impossible for ftreat Britain
to accept the amended treaty.
"The Senate has struck a serious blow," says
"The Daily News." "at the fundamental princi
ples of good faith among nations, at its own
reputation and at the very Constitution of the
great Republic."
"We are thankful," says "The Daily Chroni
cle," "that the Senate stopped short of amend
ments obviously designed to wreck the whole
proceedings. We believe that a compromise is
still possible, as the resources of diplomacy are
not yet exhausted."
BRTAX AVD HIS XEW XETTSPAPFR.
HTS BROTHER MAT TAKE BUSINESS MAXAGE
MBMT—WILL EDITOR JOIN TYPO
GRAPHICAL UNION.
Lincoln, N_ij., Dec. 20 W. J. Bryan is
actively engaee-1 in arranging for the publication
of his new pap^r, "The Commoner." While he has
made no defir.i'* arrangements regarding the de
tails of Its publication, that phase of the work
was suggested to h:m by a friena to-day, and in re
r.y to a query he said: "I suppose I shall do part
of the mechanical work myself. I will join the
local typographical union, and that will enable me
to do such of th» work as may fit my fancy." This
was said In a ?emi-ser!ous manner. When asked
abort it further, Mr. Bryan said: "I have made
no definite plans. Of course, I may join the union,
as my sympathies are with the unionists."
Mr. Bryan ha« received many applications for
advertising rates for his paper, and this has pre
sented to h m or.o of th? dilemmas of the pub
lisher. He arimltg that he knows little about ad
vertising and publishing Hi> brother. Charles
Bryan, wi'.l probably look after the business man
agement of h:s paper. Mr Bryan will start for a
trip South In a few days, and immediately after
his return he will arranee for the publication of
the initial nam>r of "The Commoner." He said
to-nipht that he coula not ;?tate the exact date of
its first puniication.
BRYAN'S COMMENT ON CLEVELAND.
Atlanta, Ga . Dp.-. Ml— W. J. Bryan, in a telegram
to-day to "The Atlanta Journal" makes the follow
ing comment on lormer President Cleveland's
article, which appeared to-day:
T'ntil Mr. Cleveland sets forth definitely what he
considers "Tjf-m< eratic principles" there is no
.ty for comment. The rank and fiie of the
party *-xpres.ed themselves in 1896 and in 1900. and
I have r.o doubt they will continue to express
themselves on issues as they arise.
BAXK TELLER $20,000 SHORT.
BELIEVED TO HAVE SPECULATED IN STOCK
MARKET-BANK FULLY SECURED.
York. Perm.. Dec 20.— Harry K. Welser, teller of
the Security Title and Trust Company, a banking
Institution of this city, Is said by the officials of the
company to be $20,000 short in his account". The
bank to-day posted a notice Informing its customers
that neither its capital nor surplus was Impaired by
the teller's shortage, and that it was prepared to
meet all Its obligations on demand. This notice was
deemed necessary because of uneasiness among de
positors, who had been withdrawing their money in
the last twenty-four hours. Welser has secured
the bank by transferring to It real estate valued at
$20,000. •¦•.:«. ¦¦•*
How long Weiser's irregular transactions have
been Ing on the bank officers refuse to state. His
method consisted in changing figures on deposit
slips. Welser, since the exposure, has broken down
and lies at his home suffering from nervous pros
tration. As his habits were correct and he was a
highly esteemed young man, the announcement of
his shortage at the bank caused a sensation in this
city. What he did with the money the bank is un
able and he Is not In a mental condition to explain.
It is believed, however, that he had been trading In
the Mock market.
DROPPED DEAD WHEN HE SECURED WORK.
James Callopy. fifty-five years old, an engineer,
of No. 862 Slxth-st.. Brooklyn, secured work at a
stationary engine on the new building of the Lying
in Hospital, at Seventeenth-st. and Second-aye.,
yesterday morning, and as he was stopping work
at night he dropped dead. The man was so glad
to get a Job that he overworked himself.
KltOM CENTRE TO CENTRE.
You go from the centre of New-York to the centre
of each of the great gateways of commerce of the
Central West by the New-York Central, through
the richest country in the world.— Advt.
The malt tor Ballantlne'a India Pal* Alt la made
by them from aei«ct«4 grain.— Advt.
NEW-YORK. FRIDAY. DECEMBER 21. 1900.-FOURTEEN PAGES.— »tJ33^*2&*«
OUDAHY PAYS THE RANSOM
KIDNAPPERS GET $25,000 ASKED FOR
HIS BOY— LETTER THREATEN
ING TO BLIND HIM.
Omaha. Neb.. Dec. 20.— There was much re
joicing to-day in the home of Edward Cudahy.
the wealthy packing house owner, of this city.
Edward Cudahy. jr., who was kidnapped on Tues
day evening, after being held thirty-six hours
for a ransom of $25,000 in gold, which the young
man's father unhesitatingly paid, has been re
turned to his family, and to-night the boy and
his parents are receiving congratulations from
relatives and friends throughout the country.
Mr. and Mrs. Cudahy feel that they have cause
for relief, not only over the return of their
youthful son. but also because one or possibly
more of their daughters were not included in
the conspiracy whk-h has caused them so much
anxiety and erief. as a statement of the con
spirators, overheard by the lad while he was in
their power, indicates that they had been at
tempting for a month to secure possession of
Yesterday about noon, and several hours after
a note had been left on the lawn of the Cudahy
residence, another missive was to Mr.
Cudahy at his residence. It came through the
mall, and contained a proposition to return the
boy, safe and unharmed, provided the sum of
$25,000 was paid that night. The letter was as
follows:
Omaha. Neb.. December 10. 1900.
Mr. Cudahy: We have kidnapped your child
and demand $25.0»i0 1 twenty-five thousand dol
lars) for his safe return. If you pive us the
money the child will be returned as safe as when
you last saw him, but if you refuse we will put
acid in his eyes and blind him. then we will
Immediately kidnap another millionaire's child
that we have spotted and demand $100,000;
and we will get it. for he will see the condition
of your child and realize the fact that we mean
lousiness, and will not be monkeyed with or
captured. Get the money all in gold. five, ten
and twenty dollar pieces: put it in a white wheat
sack: 'get in your buggy alone on the night of
December 19 at 7 o'clock p. m. and drive south
from your house to Centre-st.. turn west in
Centre and drive back to Ruser's Park and fol
low the paved road toward Fremont.
When you come to a lantern that is lighted by
the side of the road place the money by the lan
tern and immediately turn your horse around
and return home.
You will know our lantern, for it will have
two ribbons, black and white, tied on the handle.
You must place a red lantern on your buggy
where it can be plainly seen, so we will know
you a mile away. This letter and every part of
It must be returned with the money, and any
attempt a* capture will be the saddest thing
you ever done. If you re-member, some twenty
years ago. 'Charley" Ross was kidnapped in
New-York City and $20,000 ransom asked. Old
man Ross was willing to give up the money, but
Byrnes, the sreat detective, with others, per
suaded the old man not to give up the money,
assuring him thct the thieves would be captured.
Rcss died of a broken heart, sorry that he al
lowed the detectives to dictate to him.
This letter must not be seen by any one but
you. If the police or some stranger knew its
contents they might attempt to capture us. al
though against your wish, or some one might
use a lantern and represent us, thus the wrong
party securing the money, ard this would be aa
fatal to you as if you refused to give up the
money. So you see the danger if you let this
letter be seen.
Mr. Cudahy. you are up against it. and there
Is only on-? way out. Give up tne coin. Money
we want, and money we will get. If you don't
give up the next man will, for h<"- will see that
we mean business, and you can l*ad your boy
around blind the rest of your days and all you
will have is the copper synpathy. Do
the right thing by us an<! -ye will do the -am?
by you. If you lefuse you prill so iv se* the
saddest sl^rht you ever seen. Wednesday. De
cember 19. This night or never. FoliOW these
Instructions and no harm will befall you or
yours.
WHAT CUDAHY FAMILY DECIDED ON.
A consultation was held at Mr. Cudahy's
house and the matter gone over in detail. Plans
were discussed for capturing the bandits when
they should make their appearance at the ren
dezvous that had been designated. But one
after another these plans were dropped as being
impracticable.
Finally, impelled by the strain under which
the entire household was laboring, Mr. Cudahy
decided to comply with the terms offered and
ransom his son. A trusted messenger, sworn
to secrecy, was sent for the money, which was
brought to the Cudahy residence. After dinner
Mr. Cudahy had one of his horses harnessed to
a light baggy, and. taking the money in it with
him, started alone for the place at which the
money was to be left. In the buggy he carried
a red lantern. He drove five miles west of town
in the Sherman-ave. road, until he came to a
white lantern hanging on a short stick beside
the road.
Alighting from his buggy, Mr. Cudahy depos
ited the sack containing the money near the
stick bearing the white light. Then, without
seeing any one. he returned to his home. Mean
time the abductors had seen the red light com
ing up the road, and as soon as the buggy dis
appeared they took away the money and pre
pared to keep faith with the father. The boy
was bundled into a cab and set down close by
his father's house about 1 o'clock this morning.
Where he had been he was unable to say posi
tively, but as nearly as he could estimate, he
had "been taken five miles south of South
Omaha. The cunning of the gang and their
thorough knowledge of the geography of the city
were shown in the plans they laid. Close by
the place where Mr. Cudahy was directed to
leave the ransom for his son the river ap
proaches the road, and it is supposed the men
were on the watrh for the father and saw his
red light from a boat. As soon as he had driven
away and they had satisfied themselves that no
person was* lurking near, they probably clam
bered up the bank, obtained the sack of gold,
returned to the boat again, and escaped without
leaving any telltale footprints. There is abso
lutely no clew to the identity of the men.
BOY'S STORY OF HIS EXPERIENCES.
Wh^n young Cudahy arose this morning he
was questioned 'oncerning the circumstances of
his disappearance.
He said that he was in front of General
Cowin's house, just across the street from his
own house, on his way back from the Rustin
residence, on Tuesday evening, when two men
approached him. One of them stepped up to
him and said: "We are Sheriffs from Sarpy
County, and arrest you as Eddie McGee. who
escaped from the Reform School." The lad re
plied that he was not the mythical Eddie HcGee,
but his captors said that he would have to be
identified. They placed him in a buggy and
drove to Thirty-sixih-st.. and tU-nce south to
Leavenworth-st. As they approached Leaven
worth-st.. a motor car passed them. The lad
recognized the conductor, and said to his cap
mis; "There Is s man who knows me; he can
identify me."
But the captors Immediately blindfolded him
ami whipped up the horse. The lad thinks they
1 1.-avenworth-st.. and then drove in a
southwesterly direction. Presently they came to
a bonce, which. In the opinion of the lad. is
somewhere in the southwestern part of South
Omaha. Young Cudahy was taken from the
buggy and placed In a room and chained to the
floor He remained there all night, and the
next day. His hands were tied and the chains
on his feet pre\ented him from getting a good
view of his Hurroundings. even after the blind
fold had been removed. He knows, however,
that he was in an empty room and that the
blinds on the windows were closed.
On the trip to the place of imprisonment the
men. he says, talked a little about themselves.
He gathered from them that there were six in
the gang. One of these men came from Mexico
recently, and from Denver very lately, and was
an expert In the kidnapping business.
SCIENCE AND ART EXEMPLIFIED
A revelation (ac It were) from the Brew House of
C. H Evaii» * Bon*. Hudson. New-York.— Advt.
<\NAL TREATY RATIFIED
APPROVED BY THE SENATE
IX MODIFIED FORM.
THREE IMPORTANT DEPARTVRES FROM
THE ORIGINAL TEXT— VOTE ON
RATIFICATION 55 TO IS.
[BT TELEGRAPH TO THK TRIBCNK.]
Washington. Dec. 20.— The Senate this after
noon, by a vote of 55 to 18. ratified the Hay-
Pauncefcte Canal Treaty, modified in three im
portant particulars. A week ago the Senate
approved by more than a two-thirds majority
the so-called Davis amendment, adapting to the
situation in Central America the option given
to the Khedival Government in the Suez Con
vention to take any n?c?ssary steps "for the de
fence of its own borders," even if such steps
traversed the general neutrality obligations im
posed by the Constantinople agreement. To-day
it added by similarly decisive votes the two
provisos drawn by Mr. Foraker and favorably
reported by the Foreign Relations Committee.
By the terms of one of these amendments the
Hay-Pauncefote agreement, drawn to annul and
supersede a portion of the Clayton-Bulwer
Treaty, is made to denounce the whole of that
much debated instrument. By virtue of the
other the international concert contemplated in
the Hay-Pauneefote Convention is omitted en-
tirely. and no other Powers besides the United
States and Great Britain are to be called on to
guarantee the neutralization of the isthmian
waterway.
ACCEPTED AS A COMPROMISE.
In its amended form the treaty is undoubtedly
open to the charge of ambiguity and vagueness,
and its completed text involves some obvious
confusions and contradictions of purpose. It
was accepted 03- tne Senate as a compromise be
tween two openly conflicting conceptions of this
Government's aim in pushing the isthmian canal
project. According to one, the proposed water
way was to be devoted to purely commercial ob
jects, and its benefits were to accrue equally to
all maritime nations using it, as its neutraliza
tion was to be guaranteed by common interna
tional agreement. According to the other con
ception, the isthmian canal was to become a
part of the American coast line, was to be built
and operated as a distinctly American enter
prise, and was to be turned to American mili
tary advantage in time of war. That the treaty
Itself emerged from such a clash of ideas as lit
tle turned as it has been from Its original pur
pose and meaning is perhaps the most signifi
cant feature of the fight for ratification which
has been under way for nearly twelve months
past.
It is accepted as a foregone conclusion that the
Administration will at once submit the amended
treaty to Great Britain, in the hope that the
Senate's changes may be approved by the Queen
and her advisers. Should the British Govern
ment fail to consent to the three modifications
insisted on by the co-ordinate branch of the
treaty making power, there would seem to be no
remedy but to begin negotiations on other
premises for the termination of a compact which
has so far only frustrated the chief object it
was intended to promote, and whirh accords
with the real interests of neither nation which
signed it half a century ago.
ANALYSIS OF THE VOTE.
The vote on ratification showed a gratifying
solidarity of sentiment on the part of the most
progressive and influential elements in both
parties in the Senate. In the opposition -were
grouped most of the irreconcilables who impede
from time to time the Senate's prompt and open
minded discharge of its obligations as a branch
of the treaty making power. The vote in detail
was as follows:
RATIFICATION (55).
ALDRICH. HAXSBROUGH. PERKINS.
AIA.ISON. HARRIS. PETTUS.
BACON HAWUJT. PLATT (X. T.).
BEVERIPGE. HOAR. PRITCHARD.
BURROWS. JONES (Nev.). PROCTOR.
CARTER. KBAN. QIARLES.
CHANDLER. KENXET. SCOTT.
CLAY LJNDSAT. SHOt'P.
CULLT'M LODGE. SPOONER.
DEBOE. M' BRIDE. STEWART.
DILLINGHAM. M'OOMAS. STL.LJVAN.
ELK INS. M'CfMBER. TALIAFERRO.
FAIRBANKS. M'ENERY. THURSTON.
KORAKER. MLAURtN". TURNER.
FOSTER. M'MILLAX. WARREN.
FRYE. MALLORT. WETMORE.
• lALLINGER. MORGAN. WOLCOTT.
HALE. KELSOX.
HANS'A. PEKROBK
AGAINST RATIFICATION (18).
ALLEN CULBERSOX. PETTIGRETV.
BXRO PANIEL. TELLER
BATFI HEITFELTJ. TILLMAN.
BERRT. MARTIN. TTRLEY.
BUTLER- MASON. VEST.
COCKRELL. MONEY. WELLINGTON.
The negative votes were cast by two Republi
cans. th.cc Populists, two Silverites and eleven
Democrats.
THE TREATY AS AMENDED.
The text of the treaty as amended is as fol
lows:
The United States of America and Her Maj
esty the Queen of the United Kingdom of Great
Britain and Ireland. Empress of India, being
desirous to facilitate the construction of a ship
canal to connect the Atlantic and Pacific oceans,
and to that end to remove any objection which
may arise out of the convention of April 19. ISSO,
commonly called the Clayton-Bulwer Treaty,
to the construction of such canal under the
auspices of the Government of the United States
without impairing the "general principle" of
neutralization established in Article VIII of
that convention, have for that purpose appointed
as their plenipotentiaries:
The President of the United States, John Hay.
Secretary of State of the United States of
America,
And Her Majesty the Queen of Great Britain
and Ireland, Empress of India, the Right Hon
Lord Paum-efote. G. C. 8.. G. C. M. G., Her
Majesty' 3 Ambassador Extraordinary and PlenU
potentiary to the United States;
Who, having communicated to each other their
full powers, which were found to be in due and
proper form, have agreed upon the following
articles:
Article I— lt is agreed that the canal may be
constructed under the auspices of the Govern
ment of the United States, either directly at its
own cost or by ,-dft or loan of money to indi
viduals or corporations, or through subscription
to or purchase of stock or shares, and that, sub
ject to the provisions of the present convention,
the said Government shall have and enjoy all
the rights incident to such construction as well
us the exclusive right of providing for the regu
lation and management of the canal.
Article ll— The high contracting parties, desir
ing to preserve and maintain the "general prin
ciple" of neutralization established in Article
VIII of the Clayton-Bulwer Convention. WHICH
CONVENTION IS HEREBY SUPERSEDED.
adopt as the basis of such neutralization the fol
lowing rules, substantially is embodied in the
convention between Great Britain and certain
other Powers signed at Constantinople October
28, IN^, for the free navigation of the Suez
Maritime Canal, that is to »ay:
First— The canal shall be free and open, in
time of war as in time of peace, to the vessels
of commerce and of war of all nations, on terms
of entire equality, so that there shall be no
discrimination against any nation or Its citizens
or subjects In respect of the conditions or
charges of traffic or otherwise.
Second— The canal shall never be blockaded,
nor shall any right of war be exercised, nor any
act of hostility be committed -within it.
Third— Vessels of war of a belligerent shall
Continued on »•¦¦ ¦oml pagr.
;> *.* IN EVIDENCE! '
A bottla of VANS' ALE and Evans" Stout. -
Advt. \ <
TO TEACH CITY ECOXOMY.
ASSOCIATION OFFERS TO RUN PUBLIC
BATHS FOR HALF KEARNYS
APPROPRIVTION.
Mayor Van Wyek received yesterday from the
New- York Association for Improving the Condi
tion of the Poor a plain business proposition as
ti the management of the new free bath in Riv-
Ington-st. which is ir. effect an indictment of the
administration of Commissioner Kearay of the
Department of Public Buildings. Lighting and
Supplies. The association pretends to some
knowledge of the right way to run a free public
bath, based upon eight years' experience in the
management of the People's Baths, at No. 9
Centre Market Place.
In the communication to the Mayor the record
of the People's Baths is given. That plant as it
now stands represents an expenditure of about
$30,000. It ts erected upon land belonging to a
kindred organization for which no ground rent
is charged. Its only revenue is derived from the
charge of five cents made to each bather for
soap and towel. The city furnishes the water
free of charge. In the first year the expenses
amounted to $5,077 75. and the receipts from
.">0.44«> bathers amounted to $2,794. Last year
the expenses amounted to $5,775 35 and the re
ceipts from 130.477 bathers to $6,203 a>
The communication to the Mayor states that
the bath in Rivington-st., for which ground was
broken in 1897. is not quite finished yet, and
will cost SIOO.OOO. Commissioner Keamy asked
for an appropriation of $51,947 50 to run the
bath in 1901. The Board of Estimate and Ap
portionment granted an appropriation of £35,000.
The association deals with Mr. Kearny's de
mands as follows:
The Commissioners estimate cal'.s for ar. in
dendent engineering force of 2 engineers. 4 fire
men. 1 oiler and 1 electrician, with salaries
aggregating $8.42250 a year, and for 54. ."-•»> for
fuel, yet, notwithstanding these large estimates,
the enormous sum of fl<U<oo is asked for gas
and electric lighting. Although this is a new
building, presumably to be turned over to the
city in complete working order. 92.000 is asked
for "general repairs to building, including water,
steam, electric plants," etc.
Moreover, a further examination of the items
of the appropriation asked, reveals the singular
omission of a most important item of expense.
Nowhere in the statement of items necessary to
conduct the Rivington-st. bath, footing up the
large total of $52,000. is a single cent asked for
to provide soap and towels. IE it should be con
sidered that the law does not require the bath
management to furnish soap and towels free,
provision should be made for furnishing them
at the smallest possible price.
Bathers must have towels: they should have
soap. It is our experience that almost aU bath
ers demand both. These articles should, there
fore, be furnished by the city. They should not
be left to individual enterprise and profit, and
the smallest possible price for them should be
charged.
The association declares to the Mayor that
"the expenditure of any euch sum as $35,000
for one year's maintenance of the Free Public
Bath in Rivington-st. is unnecessary, unwar
ranted and prejudicial to progress in extending
the public bath system." The association there
fore makes to the Mayor the following proposi
tion:
If the city will turn over the Rivington-st.
bath in good working order to this association
for administration it will undertake the man
agement of said bath and conduct the same ac
cording to the high standard which has made
the people's baths at No. 9 Centre Market
Place so successful, and will guarantee that th^
cost to the city of operating said Rivington-st.
bath during the fiscal year 1901 shall In no
event exceed the sum of $17,500. >xc?uslr<» of "the
t ost of supplying water. If the cost of operating
said bath during said fiscal year according to
the above standard, including a fresh piece of
soap and a newly laundered towel to each
bather, shall exceed the said sum of $17,500
the association will meet such excess from its
own funds. As a protection to the city author
ities, the association will give a bond for the
faithful performance of such agreement.
The association further offers, in case it should
be decided by the city's legal advisers that the
term "free public bath" does not contemplate
that soap and towel should be furnished, to
make a charge of 5 cents to each bather for
soap and towel, and to turn the entire sum
so received into the City Treasury.
HOLIDAY MAILS BREAK RECORD.
PRESENT RUSH AT THE POSTOFFICE THE
GREATEST EVER KNOWN.
It was said at the Postoffice yesterday that
the Christmas mails this year are the heaviest
ever known. Last year it was thouarht that a
high record had been established, but in the city
department this year the mail Is estimated at
15 per cent to 20 per cent heavier than last ye^.r.
and in the money order department thirty thou
sand more domestic money orders have been
paid this month than in December a year ago.
To keep up with the big increase in work it
has been necessary to employ thirty-five extra
men for the month in the money order depart
ment, and these men, with the regular force,
have been working on an average of five hours
overtime every day since Thanksgiving. The big
rush of outgoing foreign money orders is over
now. It began to decrease with the sailing of
the "Christmas ships" last week. But the in
coming foreign rush is taking its place, and
will increase until after Christmas. The do
mestic business, also, is censtantly growing.
On Wednesday twenty-one thousand domestic
money orders were paid, the largest number ever
cashed in one day The paying of a money order
means the handling, checking, comparing and
transcribing of it five different times, so that to
pay twenty-one thousand orders in one day is
an immense task.
The work of this department has also been
largely increased within the last three months
by the establishment of a new exchange system
for the benefit of the public. Formerly if a
man bought a money order in Milwaukee pay
able in Chicago he must either get the order
cashed in Chicago or else spend much time in
correspondence with the authorities in Wash
ington before he could get his money returned.
Now if a man buys an order in Milwaukee pay
able in Chicago and comes to New- York without
having the order cashed he can go into the
Postofflce here and. on identification, can set the
money. This entails much extra work on the
part of the department, and the establishment
of a clearing house, or system of exchanges, be
tween New-York, Washington and Chicago and
other cities.
In the city department it was said that the
mail which it required nine hours to get out of
the hold of the Kaiser Wllhelm der Grosse with
the aid of a steam windlass was sorted and dis
tributed in the Postoffice yesterday in five hours
for the newspapers and packages, and four hours
for the letters. More than sixty thousand letters
were distributed.
OSMAS PACHA TO REVOLT AGAIN.
HE WILL MAKE ANOTHER ATTEMPT TO FREE
KURDISTAN FROM THE TI'RKS
London, Dec. 21. — General Osman Pacha, who
led the Kurd rising in IS7S, told a representative
of "The Daily Mail" yesterday that he would
leave London to-day (Friday) to head another
rising to free Kurdistan from Turkish rule. He
added:
I hope for English sympathy, if not for more
material support, in the struggle against the
despotic Turks, who, dominated by Russia, have
compelled the brave, warlike Kurds to act the
part of assassins toward Hielr brother Ar
menians
MAJORS CEMENT i 9 THE BKST
Reduced to 10 and 15 cents per bottle. Also Major's
Rubber and Leajther Cement.— Advt. «
PRICE THREE CENTS.
THE TEST CASES CLOSED
ISSUES IX THE HAXDS OF
THE SUPREME COURT.
FINAL PLEA FOR THE THEORY THAT
THE CONSTITUTION FOLLOWS THE
FLAG MADE BY EX-SOLICITOR
GENERAL ALDRCH
[BT TELEG2APH TO THE TSIBCXS.]
Washington. Dec. — The test cases involv
ing the power of the Government to levy dis
criminating taxes against the new insular pos
sessions are now wholly in the hands of the Su
preme Court. The last argument was made to
day. Yesterday the Government's case was
closed by Attorney-General Griggs in an argu
ment which experts declare will stand as a
landmark in American jurisprudence. To-day
Charles H. Aldrich. of Chicago, formerly Solici
tor-General of the United States, concluded th«
argumentative phase of the discussion in a
speech which addressed itself wholly to the con
stitutional questions involved. A marked peculi
arity of Mr. Aldrich's argument was that not
cnce was mention made of the fact that the lib
erty of a citizen and his title to property were
at stake. Mr. Aldrich was supposed to be plead
ing the cause of Emil J. Pepke. a citizen of North
Dakota, who was arrested by customs officers
at Chicago on the charge of smuggling into this
country from the Philippine Islands fourteen
diamond rings which he purchased while serving
his country as a soldier. No reference to this
interesting fact was made to-day by his chief
counsel or to the further interesting fact that
Pepke's property, after being seized by the cus
toms officials, was declared forfeited and its
sale ordered by decree of the United States Dis
trict Court for the Northern District of Illinois
after the trial of the charge that Pepke had
failed to pay the duties prescribed by the Tariff
act of 1597.
WIDE SCOPE OF DISCUSSION.
On the first day of the trial a question asked
by Justice Brewer developed the fact that the
property involved was not valued at more than
$1,000. The circumstance that the tribunal of
last resort has devoted four full days of its
valuable time to the trial of the cause is of itself
sufficient proof of the great issues involved.
This accounts for the broad scope which the
discussion has taken — a scope too broad and far
reaching to take much notice cf the personal In
terests of the appellant. It thus happened that
Mr. Aldrich. who is generally regarded as one
of the most learned constitutional lawyers m
the country, devoted his entire argument to-day
to the proposition that "the Constitution follows
the flag, " which carries with it the implication
that the Paris Treaty transcended the organic
law of the land in its stipulation that the civil
rights and political status of the inhabitants of
the islands ceded Is the United States by Spain
should be determined by Congress. Mr. Aldrich
flatly disputed every argument in support of the
constitutional character of the treaty advanced
In the masterly argument of Attorney-General
Grtggs yesterday. In a comprehensive sense h«
presented the decision of Chief Justice Marshall
in the famous case of Loughborough agt. Blake
as a direct refutation c* the claims advanced
by the Attorney-General. Mr. Aldrich con
densed this celebrated decision into these propo
sitions:
First— That the power to tax, lrvy duties,
etc.. extends to the entire United States.
Second— That the term "United States'* em
braces "our great Republic," which is composed
of States and Territories.
Third— That it is not less necessary, on the
principles of our Constitution, that uniformity
in the imposition of imposts, duties and excises
should be observed in the one than in the other.
Fourth — It follows from the above that the
rights and obligations of the territory thus a
part of the United. States, and the inhabitants
thereof, are measured and tested by the Con
stitution.
PARLIAMENT AND CONGRESS.
Mr Aldrioh seemed no make an impression on
the Court by drawing a distinction between the
powers of the British Parliament and the C-a
gress Of the United States. He pointer! out that
Parliament is omnipotent in the human sense,
and can decree anything within the jurisdiction
or purview of the British people, whereas the
functions and powers of Congress are as dis
tinctly limited as are those of the Executive De
partment of the Government. On this conten
tion is mainly based the argument that the
Paris Treaty transcends the Constitution, in
that it directs both the President and Congress
to do something that is clearly inhibited by the
organic law of the Nation in the theory of the
cases now at bar. Mr. Aldrich met in a novel
way Attorney-General Griggs's historical proof
that Jefferson and other founders of the Repub
lic took the same view of the primal relations
of newly acquiied territory to the Nation as that
contended for by the Government at present.
The Chicago lawyer boldly declared that Mr.
Jefferson realized perfectly that he was com
mitting an unconstitutional act in negotiating
the purchase of the Louisiana territory.
PERMITTED TO EXCEED HIS TIME.
Mr. Aidrich was permitted by direct authority
of Chief Justice Fuller to speak nearly two hours
to-day, when under the original time limit pre
scribed for argument he was entitled to less
than an hour and a half, only that much time
being left to the appellant's side of the five
hours allotted. The fact that Mr. Aldrich was
permitted to exceed his time— a most unusual
occurrence in the Supreme Court— is accepted as
additional evidence of the great interest felt In
the case by the bench, as well as the bar and
the public. Even when Mr. Aldrich closed his
argument in a peroration almost as eloquent
and impassioned as that of Attorney-General
Griggs yesterday, it was not at the direction of
or a hint from the Chief Justice Presumably
the Chicago man would have been permitted to
talk through the entire session of the court to
day if he had desired to do so.
In the course of his argument Mr. Aldrich
was subjected to many questions from the bench.
One of the first was asked by Justice Gray, who
rarely puts questions to the lawyers. Mr Al
drich had declared that Jefferson knew he was
committing an unconstitutional act in acquiring
the Louisiana territory.
QUESTIONS FROM THE BENCH.
"Do you think that was unconstitutional?" In
quired Justice Gray, wltn a searching glance at
the lawyer.
"No. I do not." replied Mr. Aklrich. slightly
embarrassed; "but I* am satisfied that Thomas
Jefferson considered It unconstitutional."
Mr. Aldrich had been quoting copiously from
various Congressional and political debates on
the subject of expansion, when he was brought
up with a sharp turn by this question from
Justice Brown:
"Do you think it wise or safe for the courts to
base their decisions upon the arguments of con
tending politicians""
"Indeed I do not." quickly replied Mr. Aldrich.
ALL THE ELOQUENCE AND MELODY of
Father Prout is in EVANS" ALE.— Advt.

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