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:-W..J- " ." - - mt Wim$ HOME EDITION Weather Forecast: Probably Fair Tonight and Wednesday 3STJMBEB 8223. "WASHINGTON, TUESDAY EVENING, JULY 7, 1914. PEICE ONE CENT. i w?n!f5- Cheftewf NE WIN APPEALED AS THREATENED Justice Gould Overrules Plea of Counsel in Ouster Proceed ings Supercedea's Bond Filed. Hearing in October May Con sider Right of Court to Re view Acts of Power Appoint ing Commissioner. Three motions offered to evade the verdict of the Jury In the qiio war ranto proceedings ousting Oliver l"f. Vewman from the office of District upreme Court were overruled by Jus 'ice Gould In the District Supreme ourt today. The motions were for a new trial, ddffment in favor of Mr. Newman lespltc the Jury's verdict, and arrest f Judgment. Appeal was then taken to the Court f Appeals, Justice Gould allowing a supersedea-bond of $200 to be filed y Mr. Newman. The appeal means hat Mr. Sewman will continue to hold ie office of Commissioner pending 'he outcome of the litigation in the jpper court, although the ouster at torneys filed notice that they regard d Mr. Newman as removed from of fice. May Ask Injunction. Counsel for Mr. Frlzzell intimated, thl afternoon tbaranjnjunctlfln. may be filed to prevent MtvtNewman from ontinuing In office despite the su persedeas bond. They'refused to com ment on their probable action, how ver, saying that no different decision ad yet been reached by the Home tule Committee. When the question of a bond was aken up. Justice Gould held that an mount necessary to cover possible osts was all that should be required, a no damage could come to William ' Frlzzell. who Instituted the ouster oceedlngs, by Mr. Newman perform ng the duties of Commissioner. Con ary to expectations, there was only erfur.etory objection by the opposing ountel to the supersedeas bond, n passing on the several motions, Jus e Gould made the comment that the g question In the case was whether e courts had a right to review the sc on of the President in nominating Mr. (wnun and the Senate in confirming nomination, but added that he was arred from considering the question by - decision of the Court of Appeals, hich held to the effect that such a lew could be made by a court, He ailed attention to the fact that the lint had been reserved by counsel for Ir Newman. Mr Newman's testimony was a ear and clean exposition of his whole 'r. without the suspicion or sem- anee of subterfuge, but the question his residence in the Dlrtrkt was for jury to decide." said Justice Gould. If 1 erred in my charge it was in vor of Mr Newman." rguments in the Court of Appeals 11 not be heard before October at earliest FOUR RAILWAYS HAVE ACCIDENTS Four railway accidents, in widely separated sections of the country, occurred early to day. A work train crashed into a passenger coach on the Grafton division of the Cleveland and Southwestern Electric road, in juring forty. Nine persons are in a hospital, one of whom may die At Toronto, Ontario, Miss Ella Waller was killed and five other persons escaped death by jumping when an automobile backed down a steep hill in front of a freight train. The engine, tender and four coaches of a fast Pennsylvania train left the rails near Altoona, Pa Passengers were badly shaken up. Five freight cars were de railed at Oneida, N. Y. No one was injured. INJUNCTION IS Keigwin Or Cox May Get Bench Seat In District Pressure brought to bear on the President and Attorney General from members of Congress and leaders of the District bar over the appointment of a successor to Justice Job Bar nard to the District bench, has made the contest for that office one of the hottest waged in many months. From sources In the confidence of Department of Justice officials, it has leaked out that Commissioner Fred erick L. Siddons, who has been most prominently mentioned as the ap pointee, is not being gien first con sideration by the Attorney General. Efforts of Congressional leaders to land the place for a member of Congress may be relaxed since Presi dent Wilson has let it be known that he has practically decided to name a Washington man for the vacancy. The President told Con gressmen TutUo and Townsend, of New Jersey, who called on him this morning in the Interest of Congress man McCoy, that It was useless for them to press the claims of Mr. Mc Coy. Senator Simmons of North Carolina has been active in behalf of Con gressman Pou, of his State, urging both the President and Attorney General to consider Mr. Pou's can didacy. The elimination of the outside can didates, however, and the rumors that air. siddons will not be given the place, leave Charles A. Keigwin and Joseph W. Cox as two Washing ton attorneys whose friends are most active. -Attorney Genrial McReynolda has told callers that he has not made up his mind about the matter, and is not ready at this time to make a recommendation to the President. The situation with respect to the District attorneyship also remains unchanged, except that active op position has developed against W. Gwynne Gardner, whose name has been most mentioned for the place. Gillett Takes Underwood to Task: Over Alleged Domina tion by President. A discussion of the extent to which the legislative branch of the Govern ment mav go In asking Information of the executive branch brought a col loquy In the House this afternoon re garding the alleged domination of Con gress bv the Chief Executive. Republican laughter greeted an Inci dental statement from Mr. Underwood and Mr. Fitzgerald that the House wss entitled to certain prerogatives. Con gressman Gillett, a Massachusetts Re publican, said he recalled that the ma jority leader had twice asked Jthe House to do a thing because the Presi dent desired It. "The gentleman said that we should follow the President when we were about to Intervene In Mexico," said Mr. Gillett, "and again lie told us last summer that we ought to stay In ses sion because the President wanted it." "1 do not recall the latter state ment." said Mr. Underwood. "The gentleman perhaps has confused me with someone else. I did say that we should follow the President in the Mexico affair, because the House did not possess and could not possess thn inside Information regarding our foreign affairs. I think the House should uphold the President within the sphere of the constitutional limit of his powers. Just as the House should be upheld In the exercise of rights within Its constitutional powers. "I am of the i-chool of philosophy, however, which believes there are three branches of the government, legislative, executive, and Judicial, and one should not Invade the prlvl leccs of the other" The debate was incident to the adop tion of the Barton resolution asking the Secretary of the Treasury to sub mit Information regarding the present ownership of 100 miles of railroad ex tending from Atchison to Watervllle. Kan., formerly owned by the Central Branch of the Union Pacific, together with a statement of whether the Gov ernment a number of years ago Issued 1.600.000 bonds to this road and whether the bonds have been paid. Healthbfficer Ousted For Asking More Pay NEW TORK. July 7- A request for the resignation of Dr. Frank Overton, formerlv house surgeon at the New York City Hospital and a writer of text books on physiology and hygiene, was made yesterday by the official board of Brookhavcn township, L. I., where he Is serving as sanitary Inspec tor. This was the board's answer to a note from Dr. Overton asking for an advance In salary. He wanted J1.500 a year. Instead of fees amounting to about S200. British Towers Will Guard Against Airmen LONDON. July 7 Toners, armed with two quick-firing guns each, will oot the British coast as defense against aircraft attacks, under a plan decided on by the government toda Eight Men Adrift at Sea in a Fish Boat ATXrVNTIC CITY. N. J.. Julv 7. The Hereford Fish Company, of Angel sta, reported today that eight men are adrift In t fish boat off the southern New Jersey coast. A revenue cutter has been requested to search for th.e men. COLLOuT IN HOUSE OVER FLOOR RIGHTS E TO Second Joint Resolution Neces sary to Continue the Old Appropriations. DISTRICT BUDGET IS STILL IN CONFERENCE House Members Take No Stock in Rumors of Error Made in First Report. With four of the annual appropriation bills still lied up the Senate a-iri House will be forced t-srly next week to pass another Joint resolution continuing the art-rcprlatlons of the patt fiscal year covering the a'-partmenM provided for In the legislative, sundrv civil, Indian and District of Columbia budgets. A Joint resolution was recently adopt ed continuing old appropriations until July 15, the hope being that the budge's for the fiscal year 1915 might be enacted Into law befote that date. Prospects tocay are that the bills will remain "up In the air." The District budget Is In conference, where it has been for weeks. Congress man Page, of the House conferees, says "It's the Senate's move," and he is halt ing for advices from the other end of the Capitol. The leglslatve bill is also in conference, owing to the disagree ment over the mileage allowance of members. The sundry civil bill Is pend ing In the Senate and the Houi) re sumed consideration toda of the Indian budget, which came back with scores of Senate amendments. Take No Stock in Report Members of the House Appropria tions Committee took no stock today in District building reports that an error was made ir. not providing that the "continuing" appropriations for the District service must be paid partly , .from . District revnu. it wasr asserted yesterday' that this ap- i''"i ueisiRMi ivouiq result in charging the" Federal Government the full amount of the appropriations for the two weeks from July 1 to 16, and that bookkeeping would be In order to straighten out the tangle. "Anybody that says this la talking through his hat," waa the terse com ment today of Chairman Fitzgerald of the Appropriations Committee. Chairman Fitzgerald and other members of the co'nmittec assert that In continuing one-twcnty-fourth of the appropriations for the nam dsral year to apply on the present fiscal year, both the effect and language of the bills are included. In other words. If the 1314 appropriations were paid half out of the District and half out of the Federal revenues, tho con tinting appropriation will he paid likewise, regardless of whether the contlnulnc resolution specifically stated that fact. Has Ruled Before. It Is said that the Comptroller of the Treasury has heretofore ruled on this point, and the clan that the commit tee's "oversight" will save the District about 3J,C, unless it is rectified, is far fetched. It Is no new thing for tho Senate and House to continue aDDrnorlations. That expert on figures and annual bud getn, James C. Courts, clerk of the Ap propriations Committee for many years. rei-aua inai uecause 01 me failure to pass all of the regular supply bills continuing resolutions were necessary In 1876. 1SS 1881, 1S9G, 1SS8, 1690, 1SP2, 1804. and 1912. In the Fifty-second and Fiftv-thlrd Congresses, for Instance, all twelve an nual appropriation bills failed, and In the latter Congress the last annual budget was not signed until August IS, 1S9. In the Forty-eighth Congress ten supply bills failed of passage before the beginning of the fiscal year, July 1. and the last bill was not signed until July 7, while in the Fiftieth Congress it nan October I before the sundry civil budget became law. "Continuing" appropriations are trou blesome from a bookkeeping standpoint, but it Is the only way out, and the Sen ate and House are reaay to continue old appropriations next week if neces sary. Mrs. Ellen M. Smith Applies for Divorce Ellen M Smith instituted proceedings today against Edward H. Smith for limited divorce and alimony. The petition was filed by Attorrney Wilton J. Lambert, and sets forth that on September 15, 1903, the parties were married In this city, and up to about five years ago they lived In harmony but that after the purchase of an au tomobile by the defendant trouble be gan, and matters have reached such a critical stage that on July 2 she claims to kave been attacked and cruelly treat ed hv the defendant no that she had to leave her home. She also charged that for some time past the defendant has but slightly contributed towards her support. The court Is asked to grant an Injunction against any Inter lerence with the plaintiff by the de lendant, and to grant the relief prayed for Justice Anderson Issued a rule re quiring the defendant to show cause on July 10 why he sould not be enjoined. IN CONGRESS TODAY. SENATE. Met at 11. Gold Hill mine investigation continued. Sundry civil bill taken up. Debate on effort to cripple Industrial Relations Commission. Opposition to Ira Nelson Morris as minister to Sweden seen. house. Met at noon Resumed discussion ef Senate amend ments to Indian appropriation bill. B W B D m PROV DE FOR FUNDS HEIRESS, WHO FIGURED IN ELOPEMENT, RESTRAINED AFTER SANITY INQUIRY This is the first good likeness of Mrs. Helen Morton Bayly 'to be pub lished In Washington. It was taken here during her visit at the last Washington horse show, shortly be fore her sensational marriage to Roger Bayly, a young Virginia horseman. Chicago dispatches today state that Mrs. Bayly is resigned to her detention as an insane person and will not contest the decision of the court. She was remanded to the custody of Col. George Fabian, a friend of the family, twenty-four hours after her husband had asked the court to hare her examined as to hei sanity. Bayly, who first mit Miss Morton in Washington last spring, and later followed her to Chicago where they were married, despite parental objections, alleged that she had developed suicidal mania. Mrs. Bayly is the daughter of a Chicago millionaire and a niece of Paul Morton. She is young and beautiful. PHOTO. BY Q.V.BUCK. O FEDERALS REVOLT Mutiny of Picked Troops Likely to Spread to Capital, Says Carranza Agent. By WILLIAM G. SHEPHERD. VKRA CRUZ, July 7.-Mexlcan federal troops, siationed six miles beyond the American lines, are In a state of re volt. Senor Campero, tho representa tive of General Carranza In Vera Cruz, today declared that couriers have reach ed him with information that the muMny Is spreading and will reach the capital itself. American offl'ers believe Campero Is unduly optimistic as to the extent of the mutiny, liut 300 federals lent word to the constitutionalist representative that they wished to surrender, and de clared they wojld march Into the Ameri can lines, turning over their arms and ammunition. General Funston was advised of the revolt In the federal linos during the night He issued orders to the out posts to be on the lookout for the fed eiala and not to fire upon them. If they nctuil! surrender, they will prob ably be treatej in the same mannei 13 tho federal tioops hlch retreated from Ujinsiga and were hil-1 at Fort Hl.fe. Are Huerta's Picked Troops. ! Reports of the revolt In tho federal I camp astonished the American offi-! cers. Tho forces outside Vera Cruz were supposed to be picked troops se lected to guard the road to Vera Cruz, which Is Huerta s only possible route of fllcht Campero last night wired General Carranza: "The federals ulonc the railroad to the capital arc shouting -Viva Carranza" and wish to Join you. I cirnnot leave the American lines tonight, but will no out to the soldlerB early in the morning ' The 300 soldiers nho started the revolt created a wild hcene in the federal camp. They openly proclaimed their In tention of marching into the American lines and laying down their arms Cam pero 'declared that word brought to him by couriers was that federal officers were finding It difficult to round up enough loyal men to place the mutineers under arrest. Scnora Querldo Moheno. wife of Huerta's former chief adviser. Is in Vera Cruz today in advance of her husband, who left the capital by ay ef ruexto Mexico, and will arrive here Saturday. "I am not a suffragette and 1 do nut (Continued on Second Page.) ww - . r T CRUZ Blue Island Ax-Slayer Is Moon Crazy Police Think CHICAGO, July 7. In the belief that the four members of the Mls llch family, who were butchered in their homo at Blue Island with an ax. are the victims- of a maniac who has slowly worked his way Kastward. leaving all trail of blood and death In his wake, first Dep uty Superintendent of Police Schutt ler today took personal charge of the work of trailing tho ax-man. The murders, which Schuettler believes have been committed by Ihe same man, who entered the Mls lich home and split the skulls of four persons, have always occurred Just alter the change of tho moon from the last dark quarter, Schuettler de clared today. '""his Is a time when alienists sav congenital lunatics are most affec ted. ' said Schuettler "These inur deis also happened on Sunday nights when the murderer was presumably under th Impulse of religious -x-cltemtnt. Schuettler believes the work to be that of of Gnlasko Bnihovy. a mad Uulgarlan, who confessed to the butchery of Mrs. Jennie cleghorn, in Chicago. If this In true, and the other crimes Schuettler believes ho has committed arc fastened upon the Bulgarian, he has Killed twenty seven persons. Mrs. Cleghorn was beheaded and dismembered. Tho treatment of the body indicated a blood lint peculiar to certain forms of Homicidal Insanity, according to fecliuettler. The other crimes of which Schu ettler may be guilty are. the slaught er of a family of six at Colorado Springs. Colo., five at Kllsworth, Kan., two at Columbia, Mo., seven at Vllllnoa, Iowa, three at Mon mouth. Ill, and four at Iilue Island. The crimes have been moving east ward along the railroad lines. "Knchevy waa deported as In sane." said Schuettler today, "but returned to America. Since then ho has been nt large, writing me inco herent letters contulnlng threats and boasts. I nui convinced he ts th flood thut has travelled through the West for several years past, killing whole families." The bloody imprints of the hands of the Ml.sllch murderer found on th a with which he mutilated the bodies of bin victim were photo graphed toiluy niu) prints will be sent every police department In th country The name of the maker of the ,i, the factory number and nil marks jv,bout It will nlso be pho tngiaphed mid hent to hardw.tro dealers in an effort to tiare the purchase! The police arc still endeavoring to find lll.tiu Mansfield, missing husband of the daughtor of the Mislichb. SENATE TO OPPOSE MORRIS AS MINISTER Swedish Appointee, Member of Beef Trust Family, Is Cause of Antagonism. Nomination by the President of Ira Nelson Morris, of Chicago, for min ister to Sweden, has caused antagonism. In the Senate. The confirmation of Morris will be opposed. Reasons for the opposition are found In the fact that Morris, who is of the Nelson Morris family, of packing house famo in Chicago, has been Involved as a defendant In some of the Government actions against the Bcf trust. He wan neve" convicted, but this has not served to warrant his appointment as diplomat in the opinion of some mem bers of the Senate. His record will be gone Into fully In, the Foreign Relations Committee. Tte situation Ts the moro lnterstlng because of the fact Thomas D. Jones, appointee on the Federal reserve board, also of (liicaao. is being opposed for contirma- i tion because of his affiliations with the International Harvester I ompany. Discusses $100,000,000 Carnegie Library Plan ST. TAUU Minn, July ".Andrew Carnegie mn be Induced to part with X75.fOO.00i) or $10O.mo,uiO to build libraries In countr, districts, according to Philan der P Claxton. I nlted States Commis sioner of Education Mr Claxton has discussed the matter with Mr Carnegie, nnd while ho has no authority to say Mr. Carnenio will contribute any sums that may be de sired, he recommends that counties take action and make application for assist ance Shamrock IV Wins Last Of Her Trial Contests SOt'THAMPTOK. Julv 7 In her new cutter rigging, the Shamrock IV won handlK lodn from the Shamrock III In, the last Of the trial rnces between the two boats The latest challenger wss fAr ahead at the finish New York's Coldest July Is Recorded NEW YORK. Jul 7. The metropollc shivered todu In a 51-degrce tempera ture the i oldest ever recorded here for .tune 7 Moreover a drlzzlly rain blanket spread over the Island. DYNAMITE EXPLOSION KILLS 3, INJURES 2, IN ZOO SEWER TUNNEL Drill Hits Hidden Charge Left By Night Shift and Hurls Workmen to Death. Investigation of Cause Being Made By Lis trie t Authorities. An explosion that shook the entire region of Rock Credk Park and nearly caused a panic among the animals in the Zoo Park, killed three men and injured two others today in a sewer that -was being blasted out of the rock on the old Waggaman estate near the north entrance of the 'Zoo. All of. the killed and injured were colored men. The killed were: John Murray-, twenty-six; George Boxley, twenty-six, and "Bud" Masterson. The injured, who were removed to the Emergency Hospital, are 'James Signals and E. Saunders." The men were at work in the main intersection of the sewer, on the west side of Rock ,Creek gark, and were . employed by the William F. Benizer Company. , DRIVEN INTO SOLID ROCK. A shaft had been sunk at a point north of the Zoo entrance, and a tun nel driven about 250 feet throuztl olid rock. It wai in this tunnel that the men were at work when the explosion occurred. Coroner Nevltt will hold an inquest to determine the facts, but fmnv.th Utementi of. the wor)cmen.td the nbUccJt Ppens' that the; night shift of men 'had left a eflarjre of rrnamlto In the tunnel, and that In drilling Into the rock this mornln the ex plosive was detonated. The seven men were at work In th etunnel at the time Were Killed Outright Those'who were not killed outright were unconscious when found. Foreman Norman Embrer. of 405 Rlttenhbuae street, led the rescuers, and, placing the two Injured men on a hand car. car ried them to the mouth of the shaft, where they were raised to the surfacsj and sent to the hospital. Penetrating further Into the shaft, he FREED PROM ASYLUM AFTER 34 YEARS Spo-Pee, an Indian Serving Life Sentence for Murder, Par doned by President. President Wilson today took steps to right a wrong he believed was done thirty-four years ago, when he oom .muted. to expire at once, the sentence of Spo Pee. an Indian, serving a life sentence for murder at St. Elizabeth's asylum. Spo Pee will be released this after noon, after having spent the last thirty-two years of hij life at St. F.llza beth's. He will leave with Robert J. Hamilton, a delegate of the Black feet tribe, for the home of his daughter, Mrs. Takes Gune at Browning. Mont- The Indian does not know this. He has not seen his daughter since she was a baby He believes his wife Is still living. The news will be told to him by Delegate Hamilton this after noon. With Hamilton when the .In dian Is released will bo Mr. and Mrs. Russell Mac Lennon, who have been active in obtaining the commutation of the sentence. They will give the In dian his first automobile trip before he goes back to the reservation Spo Pee killed a white camper in Montana Just after the Cluster massa cre. His testimony was that he killed In self-defense. Corroboratory evi dence discovered by the Department of Justice since the pardon application was made has convinced the President and Attorney General that the Indian told the truth. Physicians at St. Elizabeth s say that Spo-Peo is suffering from a mild form of Insanity, although they declare thai he has never shown any signs of vio lence In the long years of his Impris onment. Persons who have Interested. themselves In his case say that th$ Indian's stoicism and his continue silence, duo to unfamlllarlty with Eng lish, have given unfounded suspicions of Insanity They have obtained the record of the court trial when Spo Pee. through an Interpreter, made an eloquent appeal for liberty, as an evi dence that the Indian is not only sane,, but highly intelligent. Spo-Pee will be given an allotment of land and a part of the tribal fund after he returns to Montana and establishes his residence with the Blackfeet tribe. later recovered the bodies of the threa men who had ben working directly at the point of the explosion. One of these men waa disfigured beyond recognition, and all of them were so Injured, that their deaths must hare been, lnstan- rtaiiikMiia .Mr. Breclzer was soon on the scene; and rendered the- police every aaaUW ance- possible,': In their investigation-He-nt forth nlfhtoreman and-'di-- " recttd tuatin TOf-hrforce t called to the scene of the accident. The day men profess to have been uninformed aa to the pretence of th dynamite In the tunnel and thought thejr Tvere drilling into virgin rock when the explosion came. Saw Men FalL "I was cranking one of the drills when the explosion orame." said J2. Saunders. 1410 Twentieth street north west, one of the Injured men, when aeen In Emergency Hospital. "I heart! the great noise and felt myself belng hurled some distance, and when I fell I must have struck on my bead. fr I can hardly hear in my left ear. I don't think 1 waa unconscious, as t rememoer seeing signer squinong; artnd. but the other boys lay atilU" Saunders is a married man. and hie Injuries are not thought to be serious, unless the shock of the explosion should permanently affect his hearing. Signer was the least Injured of the two. He was sitting about ten feet from where the blast went off. and had his back to the other workmen. "I was tossed about five feet, and struck on my hcad.'he said, "but I don't be lieve I am aa badly hurt as I waa frightened. The report of the explosloa Is ringing In my head yet. and It was an JwiuJ 8lstht to ,e the other boys 'all huddled in a pile and none of them movlns. Slgnor lives at SH Q street south west, and he was permitted to go to his home this afternoon. His injuries con sist of a slight abrasion on the left arm and a severe shaking up. Will Seek Responsibility. Although of the opinion, from reports, thus far received, that the accident' was unavoidable. Investigation will bi made by the engineer department offi cials of the Dirlct to determine, if any, th responsibility. The work wa being done under contract by the War ren F. Brenlzer Company. Capt. Roger O. Powell, Assistant En gineer Commissioner. In charge of under ground construction work, said today , that this Is the first accident the con tractor has ever had. The men. he said, have Just completed a OW-foot tunnel under the Zoological Park without acci dent of any kind. Captain Powell was on the scene when the accident occurred. He immediately assumed charge nf the wounded men. and summoned medical assistance. "From investigation thus far made it Is believed, that the explosion was caused by the men drilling into a dyna. mile cap." said Captain Powell. "Th tvork Is being done bv two shifts, at day and a night force It Is believed than one of the charges fired bv the nlsbSL. shift failed to 30 off, and when the drillers struck the cap this moraine It resulted In the exoloslon. Contractor's First Accident. "There were four charges of dyna mite in the tunnel. It Is impossible to determine whether one failed to go off. investigation will be made Into the ac cident, but. In justice to the contractor, it should be said that In all the work he has done for the District this is th first accident he has ever had." The sewer at which the men were at work la a part of the Rock Creek In terceptor, which extends from P street to Military road. Asa E. Phillips, su perintendent of sewers, visited the seen this afternoon. Mr. Philllns lolned wits Captain Powell In the statement that a tun investigation win be made of the accident. Denies Intention to File Tobacco Trust Suit The Department of Justice tod d nled that it intended filing suit against the Tobacco trust. Attorney General MeRovrmMc .. conducted the Government prosecution. preme Court's decree against the cor- I'urauun, anu nu ueen conducting a nulet lnvesttratlnn ia amM. -v . effectiveness of the decree. The lnves:'l zatlon. accord in C tn tl nFtnA., .. Justice, has not progressed to such a ji4 u 10 vunui any T"m. I 4 i