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VOLUME L NO. 107. -.,v J . ,' HOSOLTJLTJ, H- TL, JTRIDAX OCTOBER 12, 1900. PRICE FIYE CENTS
HTiONS PUT1IG FOR
MM II CMU
United States Deep in
Game of International
LITEST PROPOSALS OF EUROPE
SECRETARY HAY SUBMITS AN
ANSWER TO GERMANY'S
Franco Seconded by Russia Presents
a Plan for "United Action Proposes
WASHINGTON. Oct. 4. Propositions
of a far-reaching character concerning
China are being presented in
rapid succession to this government. Tha
slate deportment had no sooner disposed
of one of these propositions today br
delivering a response to the German
than it was confronted by an
even more Important proposition submitted
by the French government, and
within half an hour formally seconded
by the Russian government. The answer
to Germany covered the subject cf
punishing Chinese subjects and matte
known that the United States had
Minister Conger along the lined
suggested by Germany. Thes instructions
look toward securing the names of
the persons deserving chastisement; also
whether the punishments are in accord
with the gravity of the crimes committed,
and Anally in that manner the United
States and other powers are to be as-
cured that satisfactory punishment is inflicted.
Aside from these specific purposes
of the note it is regarded as important
chiefly in establishing the most
satisfactory relations between the governments
at Washington and Berlin.
The Franco-Russian proposal takes a
much deeper scope and submits a program
under which the negotiations for a
complete settlement can be carried forward.
The French charge, M- Thiebaur,
handed the proposition to Secretary Hay
shortly after noon today and held a brief
conference concerning it. Half an hour
later M. de Wallant, the Russian charge,
arrived at the state department and banded
to Mr. Hay a cable expressing Russian
approval of the propositions just
submitted by France. Mr. Hay gave no
formal answer to the two communications,
as they will go first to the president
Under Four Heads.
The Franco-Russian proposition ir under
four heads, nnmc'y:
"First, punishment of the guilty
"Second, Interdiction of. the shipment
of. nrma into China.
"Third, payment of indemnity to the
"Fourth, sufficient guarantees for the
' In addition a' suggestion is made for
("the establishment of a permanent legation
guard at Peking, for the raising
of the Tnku forts and for the maintenance
of a Hue of communication between
Peking nnd the sea.
The impression here, in advance of nc
tiou on these propositions by our government,
is that they contain nothing essentially
unfitting them to be subjects of
consideration in a final settlement. The
difficulty which is likely to arise lies iu
the placing of proper limitations upon
ih"e scope of each Jiead. This is particularly
true of the subject of guarantees
and perhaps that of indemnity.
As to the interdiction of arms, the
state department already has intimated
that there may be a question as to its
wisdom and there is reason to believe
also that Germany will not view that
particular feature with approval. But
there appears to be good reason to expect
that a middle ground will be reached by
confining the interdiction of arms to a
.specified period, possibly to be fixed by the
.time required by China within which to
pay the indemnity. The chief objection
So the proposition is in its being permanent
in its present form.
What the United States government
particularly desires to avoid is the entering
into a program that leans in any
manner toward the maintenance of a
foothold on Chinese 6oil, and if the other
proposition relative to the maintenance
of a line of free and safe communication
between Peking and the sea and to the
legation guards could be modified- in ths
direction of temporary expedients, they
will be more likely to receive the support
of our government. It is apparent
from the complexity of the latest Franco-
Russian proposal that the phase of nego
tlations thus initiated will take some
lime to dispose of. .
IMEWIN REN.Y TO '
TIE WWiK MTE
Following is the text of the American
reply to the German note, delivered today
by Secretary Hay to Baron Sternberg,
the German charge daf aires:
The Secretary of State to the Imperial
"Memorandum in Response to the
rics Made by the Secretary of State,
A October 1, 1900, by the Imperial
. German Charge U'Affaires IToBchinff
jthe Chinese Imperial Edict in Regard
to the Punishment of Prince
Tnan and Other Kick Chinese Offi
"The Chlaese minister cMMBaalcatei
to the secretary of state otf the 3d in-
atant a telegram received bjr kin from
Director .Gearal Sbe& ceareyiBff th
purport of .an Imperial edlei. dated Sep-
temper 5, 1D00, by wbfch the
aad puabAraeat of PriseeTwa'ajri
other high Chise? oScials ' itetred. '
"The government of the United States
Li disposed to regard this measure as a
proof .of the desire of tae imperial
govemmentto satisfy the reasonable
demands ef the foreign powers for the
injury and outrage which their legations
and their nations .bare suffered at th?
hands of n China;
although t has been thought well.
In view of the vagueness of edict
in regard to the punishment which
ome of the inculcated persons are
to receive, to signify to the Chinese
the. president's view that it woufd
be most regretful if Prince Tnan, who
appears from the concurring testimony of
the legations in Peking to have been one
of the foremort in the proceedings complained
of. should escape such full measure
of exemplary punishment as the facts
warrant, or if Kang Yi and Chas Shu
Chias should receive other than their
"With a view of forming a judgment
on these points the United States minister
in Peking has been instructed to report
whether the edict completely -names
the persons deserving chastisement:
wnether the punishments proposed accord
with the- gravity of the crimes committed;
and in what manner the United
States and the other powers are to be
assured that satisfactory punishment is
" "It is hoped that Mr. Conger's reply to
these interrogatories will confirm the government
of the United States in the opinion
which it now shares with the imperial
German government that the edict
in question' is an important initial step
in the direction of ieace and order in
"Department of State, Washington,
October 2, 1900."
TEXT OF PROPOSITION
SUBMITTED BY fiEHMIHY
BEKLIX, Oct. 4. The text of the
note of the minister of foreign affair
Count von Buelow. to the foreign power,
is as follows :
"The imperial power is informed of an
edict of the Chinese emperor by Sben,
tnotai of Shanghai, whereby the punishment J
is ordered of a number of princes
and dignitaries named for having support,
ed the Boxers. The imperial government
assumes that all the other cabinets concerned
have received a similar communication.
Accepting the authenticity of .the
edict on which, we, for our part, do not
wish to cast n doubt until the evidence is
received to the contrary, we can pe'reeiva
in it the first sign toward a practical
basis for the of an orderly
state of things in .China. The imperial
government therefore proposes that the
powers come to an-agreement to Instruct
their diplomatic representatives in China
to examine and give their opinion on the
"First, whether the list contained lu
the edict, of persons to, be punished, is
sufficient nnd correct. ,-
"Second, whether the punishmentsjwsrl
posed meet the case. J
"Third, in what way the powers .
control the carrying out of the penalties
"The information received up tothe
present concerning the reception of this
proposal by the" powers justifies, the, belief
that a general .understanding on this
matter may be looked for."
In a State of Unrest.
NEW YORK, Oct. 4. A special to
"the Herald from Hongkong says: The
whole delta land between the Canton
aqd West rivers is in a state of dangerous
irritation In consequence of the
of bogus edicts telling of the defeat
of the allies and of the machinations of
secret societies. Rioters urc marauding
and plundering . the, villages, especiaIT.v
the converts' houses. British and French
gunbonts are patrolling the waterways.
This has had a salutary effect in preventing
attacks on steamers.
METHODIST LEADERS HOPE
fi PSu &
CHICAGO, Oct. 4. National questions promise to take a prominent
place in the deliberations of the si annual conferenceof tthe
Methodist Episcopal. Church (the Reck .River Conference) now being,
held here. Bishop It. Theburn of Indiana, in a lecture last night on'
"The situation in the. Orient, called the attempt to, shut this country
in'troanthe world a "semi-Chines policy." "China built a great wan
about itself," he said, "and-a similar attempt on the part of the United
States would result in the sane" arrested development. The worid"
was made for one people; the pwple of various nationalities are
spreading over it: there must be opea doors. No one part of the earth
should be shut up for any race.
The Rev. Thomas B. Neeley, general secretary of .the Sunday School
Union, in an address eaid: "I believe we will keep the territory we
have taken. But whether ,it. remains a part of the United States or
not. wv have gone to those countries sad we Intend to remain. It is
not a matter of politics, but of proyidential duty, that sent us there.
If God ever did anythiaf for eur benefit it was when he gave us
those islands in the Pacific I bone our army and navy will stay in
p China until perfect order kas been restored and the lives of Christ-p
ians have been insured fqr all fa tare tiBM."
PS Monday, Oct. 1. (Tta Bhsaghai, Oct. 4.) At a meeting
Kl of American dtfcetTiaBlitfcfB adopted:
& "We' citiseni of the UahM States. deere the contemplated with-a
drawal of a large part of tkUaUre'ftt?s troops in North China,
jig 3 feel the work, of the allies' armies is far from accomplished, and
W! that the Refusal of the Aaierieaa govenuBeat to take its part therein
TV is sure to be regarded bf tke allies as an aawortfay act aad by the
p Chinese as an -act ef iaaifereace. We wrga ear government to carry
Pfcsito an end tke work it has as kaacaaty aad eSciently begun, and
Isl te maictatela saSdeat force for Hw psatectfea of American mercan
tile and military iiatereata natfl
ft P PS P - ITM ssl
Are the Old Laws Binding
mi wcu: bwuy's FifilT
liaZMBX QUESTION RAISED BY
TKIO. H. DAVIES 9c CO. TO
Interpleader Mast be Brought by
Attaching Officer and Not
by the Interested
to be .called on'
for further Iighrpn constitutional questions.
"Does the constitution follow the
fla?' is a question, that affects the J
pocketbooks of citizens in Hawaii as well
as their liberties.
The Puna Sugar Company vs. the Territory
of Hawaii is the title of a case
submitted yesterday to the supreme court
upon an agreed statement of facts
The facts agreed upon are that the
Puna Sugar Company is the owner in fee
o. :i tract of land at WaiakahllO,
in Pahoa, in the district of Puna island
of Hawaii, and that said tract borders
on a, road constructed by the Hawaiian
government in part through a natural
That said Puna Sugar Company within
the last three months last past, has been
cutting and destroying forest trees,
shrubbery and. underbrush within 250 feet,
of said highway
That it is claimed by the attorney gen
eral of the Territory of Hawaii that the
Puna Sugar Company is liable to prosecution
for so cutting and destroying said
timber under sections KTT, 101S ami
619 of the Penal Laws, notwithstanding
the same is growing on the land of
the said Puna Sugar conpauy
And that it is claimed by the Puna
Sugar Company that said laws are
null and void and contrary
to article fifth of amendments to
the constitution of the Unitec States.
It is agreed by the parties that in case
ike laws "are unconstitutional, judgement
kal be rendered n favor of the Puna
Sagar .company,: othctwis ior the
Anqther case submitted for the court's
decision on agreed facts, is that Theodore
F.. Lansing vs.NTheo. H. Davies'& Co.,
It is agreed that Theodore F. Lansin?
is treasurer of the Territory of Hawaii,
that Theo H.Davies & Co. is a
engaged in the sale of imported
as4s. -with its principal place of busi
ness at Honolulu; that sales of
"Imported from foreign countries
of the United States), 'for the
jear endingsJune 30. iOOO. made oy
Theo! H. Davies & Co., amounted to
$001,312.48. and that a liceuse fee for
the year; ending June 30, 1900, as fixed
by the sales aforesaid of goods. wares and
merchandise imported from foreign
.tries is $2J2?.92 if the statute requiring
the same'is not in conflict with the constitution
of the United States.
And that the sales of goods
into the Hawaiian islands from the
United States for the year ending June
30, 1900j made by Theo. II. Davies &
Co., amounted! $91" GQ1.90 and that a
license fee for the year ending June 30.
.mi. as ii.td by ales aforesaid of goods.
"wares and merchandise imported into the
Hawaiian Islands is $8.423:i."i, if the
statute requiringthe saicc is not in conj
with the .:iititulio:i of the United
WILL RENUIN IN CHINA
te fe jsi Pa Pa 1st te
irttleawat ef the trouble is
m ssf ssKPa sstifesi Pft Pi
' v- ....
ssMH I VOT I VaMHRssw fW
TIE SNTI ME EMQ
CHICAGO, Oct. 4. A special to the
Record from New Orleans says: Th
British army headquarters" in this city
are to be dosed within tke next few
days. Since the English officers were
sent here in August. 1S99, to parchase
rapplies. 15.000 horses and 42.000 anhs
have been shipped frosa tha port to Cape
Town, as well as large quantities of 'forage
and other supplies, the pay therefor
being about $10,090,000 in Englah
gold. Several thousand'; Americans
shipped as volunteers on tie transports
for South Africa and many of them
joined the English army. The sailing
last night of the big transport Montezuma
with horses and mules for Cape Town
has practically terminated the work of
GALA DATS AXE PLAJThTED.
ag;iti Towas to Honor Xeturning
Soldiers Prom Africa.
XEW.YORK, Oct 4. A dispatch to
the Tribune from London says: Public
interest in the war li revcJ fry the
prospect of a series of gala days
the soldiers and generals return. Three
great town "shows will commemorate the
arrival of the guards, the London volunteers
and Lord Roberts and there will be
a series of minor events. The North of
Ireland will also have a social festival.
The queen was invited to visit Belfast
when she was in Dublin.- but was forced
to decline the invitation. The Prince of
Wales will visit Ulster in the winter in
her place and there will be great festivities
There is a current report, apparently
well founded, that Gerald Balfour will
be compelled by ill-health to, resign the
office of chief secretary for Ireland.
This will create a vacancy which cannDt
be easily filled.
The reorganization of the "ministry
cannot be deferred for many weeks. Reports
that Lord Salisbury has aged and h
breaking down are not correct. Henry
White, who has seen him repeatedly on
official business in Mr. Choate's absence,
describes him as being in excellent
health and spirits and markedly animated
and resourceful in conversation and
showing no signs of the pressure of public
REM LISSES PMBABLE
OH UUIIM STAMPS
F0BTXA8TXB OAT HOLDER OF
A LARGE AMOUNT OF THE
No Relief Possible Save Through
tke Action of Congress or
tke Territorial Legis
. The attitude of the attorney general
of the United States on the subject of
reimbursing Hawaiian postmasters for
Hawaiian postage stamps in their possession
June 14, 1900, is causing territorial
officials and local postmasters to
kmt their brows.
Island postmasters must stand losers
to the extent of ?2,125r or the territorial
treasury 'must be reached in some way to
square the account.
H. E.. Cooper, attorney general for the
Republic of Hawaii and now territorial
secretary, said to a representative of Th?
Republican yesterday :
"The whole trouble arises from a misconception
at Washington of the official
character of a Hawaiian posttnaster under
the republic Our postal department
was managed in a very different manner
from that of the United States. The
postmasters in the islands did not make
requisitions for postage stamps, as, they
do in the States. They bought them
as individuals for cash, merely for the
accommodation of ,the public, and were
not required by law to keep them in
stock. As officials they had no statnp3
in their possession. Hence it was my
opinion then, and remains so still, that
a fair interpretatio'n of the Organic Act
would allow , their redemption by the
United States. It is said that the money
for these stamps was paid into, the treasury
of the Hawaiian Republic and by ii
turned over to the present territory. The
same is true of the money paid for
stamps by private individuals, which .he
United States government has Veen redeeming.
I think sa just interpretation
of the law would allow the stamps in
the hands of postmasters to be redeemed."
Mr. Oat, who was postmaster general
under the republic had, in his possession
as postmaster of Honolulu $6,241.72
worth of stamps June 14. Tbesr have
been cancelled and no loss oasioncd to
anybody except the cost of printing the
stamps. Since June 14 he bit redeemed
stamped paper from private individuals
to the amount of $1,013.49. With the
purpose of accosuaodating outside postmasters,
he has also redeemed $i5CS3
worth for them. He did this on the
supposition that he, would le reimbursed
from some quarter for th stock thus
takaa up. This is more than one-fourth
of the stamps tkaT were in th- hands
of postmasters when the char.se of postal'
systems was made sad faljs lather heavy
apoa tke private excheqae of the head
of Hoaolala's postoSce.
No caarse of action has beon o'ttliacd
by the territorial oSdals anl it present
it looks like the i to ic.e.i:b
on tke psstassce oScials.
TsssfkoM HI la tke h Isms oftee
of tka Retert Qrtew Priatla
art Tke Rstkaa. Tejeaaoa
1 to tka aeaterW iearfwit, '
Danger of Conflict with
Guards at the Collieries.
MAMUM K1HWT1UTWB KSIN
BUT OHX OF THE READLaTG'8
Strikers Refuse to Accept Advance
Offered and are Demanding Recognition
of United Kino
SHAMOKIX, Pa, Oct. 4. A number
of strikers from the vicinity of Mount
Carmel attempted last night to form
column to march on the North Franklia
colliery at Trevorton, which is operating
almost full handed. It was the plan uf
the marchers to visit the homes of the
workmen early this morning and endeavor
to persuade them to tie up the planr.
As, the latter is heavily guarded by
Reading coal and iron policemen, several
leaders prevailed upon the would-be
marchers to abandon the expedition, for
the present at least, and thus avert a
possible conflict. The North Franklin
colliery shipped 540 cars yesterday and
is being worked as rapialy as possible.
At 2 o'clock this afternoon a Polish
band again started to gather strikers n
council to march on the. North Franklin
colliery. The crowd at 2 :30 p. m. numbered
f00, and by 0 o'clock, when the
march begins, it is thought the marchers
will number several thousand. They wi'l
pass through here, where local strikes
will join in the march. They are expected
to reach, Trevorton late tonight. The
colliery is now the only one working for
the Reading company. The mines are
heavily guarded by coal and iron police
and a clash is feared.
Preparing! for the' marches.
SHAMOKIN, Pa.-. Oct. 4. At 5:30
this afternoon a spedal train of five
carloads of armed deputies passed
through here from Schuylkill county on
4the way to Treverton to guard North
r ranklin colliery tonignt. Uetwefn
1,500 and 2,000 strikers are now mobilized
at Mount Carniel and will begin
the march soon.
General Cobin is conversant with the
contemplated march and if trouble ensues
will be. in readiness to furnish
Unable to Resume Work,
SCRANTON, Oct. spite o-
erery precaution maoe by the Delaware.
Lackawanna & Western (company to get
aCleast one of its collieries into operation,
'today, it was unable to do so. The 6 tr
will pay no attention to the profer
of 10 per cent advance, which the company
said applied only ttfmen who would
return to work today. The Delaware &
Hudson company and the Pennsylvania'
Coal company have not yet followed the
action of the other big concerns here m
posting wage advance, notices.
"On or before Thursday, October 4,'
was the time limit set to the offer of 19
per cent increase and separate arbitration
contained in the notices posted by
the Delaware, Lackawanna & Western
company. The Associates! Press correspondent
asked Chief Clerk Tobey of the
..ackawanna how many men showed up
"Well I cannot tell you that exactly,"
replied Mr. Tobey, "but I can give you
the exact number of collieries that resumed
"Yes?" remarked the correspondenr.
"Not a blamed onej" said Mr. Tobey.
The fact of the matter is that the same
answer would apply to the first question
The sentiment of the North Scranton
miners as expressed in the resolution
adopted by local union No. 808 List night
prevails" throughout the whole Scranton
district. No, offer, the miners say, tht
ny company may offer individuality its
men will receive consideration except
in a general convention, of the Unit?!
Determined to Remain Ont? ' ,'
SHENANDOAH. Pa., Oct. 4.-Con-cessions
announced yesterday by1 the Philadelphia
& Reading Coal and Iron company
were not sufficient to induce the
striking mine workers of the Schuylkill
region to return to the collieries
Pottier, organiser and leader of the
foreign mine workers here, says he made
a careful canvass of this town and found
the strikers determined to remain out
until ordered to work by the mine wora
ers' convention or by President Mitchell.
In anticipation of a long strike, the local
foreign Unions today appointed a committee
to investigate cases of need
among strikers families. No .cases of
distress kav yet been reported.
Gaardad by tke Sheriff
HAZELTON, Pa Oct. 4. The only
incident of the morning in the Haseltou
regon worth mentioning was the march
of about 00 mine workers from the Diamond
colliery in the northern part of the
city to the Xe. 40 shaft of the Lehigh
Valley .Coal company in the eastern section
of town, where they expected to get
more men to quit. Sheriff Harvey, with
a posse, was waiting for the marchers
at the, shaft when they reached there at
5 to'deck: Ift M m. M tWy
a-foot s private around he wosld oe
caaspelW e theaa for trespa'
Th? strikers dispersed without evea .it-1
tempting to earry out their pUai.
Charged With Intisaidatioa.
rHlLADELPHLV Oct. 4. A United
States warrant has been s$aed for the
arrest of Isaac A. Sweigard. lately gen
eral superintendent of the PhUadetphii
& Reading company, charging him with
discriminating ajeaisst and discharging
employes of the Reading railway becaa
they were members of the brotherhood.
Four members of the brotherhood subscribed
to the upoa which the
wanrrant was issued.
LORD ROBERTS' BULLETIN.
Bnxnerous Skirmishes with Small
Parties of Boers.
LONDON, Oct. 4. Lord Roberts
"Hart returned to Krugersdorp October
1. He has been 33 days from his
base, inarched 310 mites, was in contact
with the enemy twenty-nine days, killed
an unknown number and captured ninety-six.
The British lost three killed,
and twenty-four wounded. Hart
brought back 2,T"J0 head of cattle and
"Buller has returned to Leydenburr
from Spitxkop, with 1.000 sheep. There
are skirmishes with the Boers daily, but
they are small affairs.
"The Dublin Fusileers made a night
assault with the bayonet on a Boer laager
between Pretoria and Johannesburg
and captured nine men. mostly important
Boers who have troubled the district.
A party of Boers have penetrated the
southern part of Orange River colony,
entered Dewetsdorp and Wepener. D-
tachments are after them."
STILL FINDING CORPSES
GALVESTON Tex., Oct.4.
The finding of corpses seems
never ending, twenty-five a day
being recovered. Certainly now
the dead in the city will exceed
5,000; beyond the city limits, 1,-200,
and on the mainland more
than a thousand.
COOLER WEATHER TODAY.
Weather Observer Lyons Says the
Trades Will Blow Afrain.
The trades are coming again today "and
there will be a release from the awfully
hot, sultry weather of the last four days.
Weather Observer Curtis J, Lyons says
the trades will blow today, and he knows.
In his report of Saturday night
Sunday morning, Mr. Lyons, in his
forecast, said: "Light, variable winds
and calms; weather fair." The forecast
was accurate. Sunday being the first day
of the hot spell. Tuesday's forecast was.
"Southerly and westerly airs and clouds."
and that was exactly what it wa"u
Wednesday's forecast said, "Light trades
and variable aim: probably fair weather."'
and -again was the forecast fulfilled.
Yesterday morning's forecast gave
"Southerly airs; parily cloudy and uncertain,"
and it could not have given a
more accurate description of yesterday's
weather. Now Mr. Lyons says the trades
will blow again today and The Republican
warns every one that they can make
their arrangements accordingly.
Yesterday was one of the hottest days
of the year. The mean dew point
was away above the normal, over 50 per
cent above, and this, coupled with a high
temperature, the maximum being ST,
made the day an unusually trying one.
The mean temperature of the day was
very high, being only a small fraction
below SO degrees. But today wilf come
a most agreeable change and every ona
will bless the life-giving trades.
On Haleas GirpHs
Will Be Heard Before Judge Sstee
Today Yap FooJc After His
A petition for a writ of habeas corpus
in behalf-of W. II. Marshal!, serviti;
sentence of six months imprisonment for
HbeV wa3 presented to Judge Estee
by J." T. DeBolt, attorney for the
prisoner. It was made returnable at 10
oVloek this morning. Mr. Marshall wi
sent to prison Tuesday under a 'decision
of the supreme court. He was convict-I
by nine jurors and without indictment
by the grand jury, and the decision of tlw
upper court in effect holds that the constitution
of the United States did not
apply to the islands between the date of
the passage of the resolution of
and the inauguration of the territorial
government on June 14. 1900.
An application for a writ of habeas
corpus was made to Judge Estee yes
trday morning by Yap Fook. in behalf
of hi" daughter. Yak Kfan. Yak Kean
is Kt years of age and arrived Jarre
23, bat wss not allowed to
by Collector Stackable, Yap Fee
claims bis daughter wtm born In the
Islands, B(arksbe was cited to bring
the lady from her place of detention into
Judge osnrt today.
In the federal court yestefd? the twj
cases, J. S. Low vg, &emhip CUudiac
and J, PUiy y. 8teau$iip Oaudinc.
were comhiHed by eefcieat of counsel on
both sides. Peremptory exeeprfoM we-e
argued and libeller given until tomorrow
to Sle answer to these lil!
Award Amounts to
imfitt mo fh mmm
THE DUSTREGQAN POCKETS
THE SHARE SHE SHOULD
Tug Fearlesa Awarded Xearly
Seventy-Five Hundred Dollars
for Its 8hare Crew
After a very patient investigation and
after weighing well aft the facts derelopei
before the master. Mr. Robinson, Jothrd
Estee yesterday banded down a IcaraetL
and exhaustive decision la the libel
against the bark Dunreggan for salvas.
The total award is $12,000, distributed
in an even-handed raanaer, as will be
seen by its perusaL The following is a
fair synopsis of the decision, givimr mwt
Of its salient features:
J. D. Spreckeis & Company. LTbellaat,
vs. The Ship Respondent.
J. R. Macauley, Intcrrcnor. .
F. M. Hatch. ProcKw for Libellant.
W. Austin Whiting and Holmes & Stanley.
Proctors for Respondent.
Paul Neumann. Proctor for J. R, Macauley.
This Is a libel for salvage in the sum of
2O.O00 on the part of J. D. Spreckrls
Co.. the owners df the tug Feariasi. and
for the master and crew thereof. J. R.
Macauley intervening with a claim for
&500. The case was submitted to W. J.
Robinson. Esq., as special referee for thi
tnking of testimony. Eight hundred anJ
typewritten pasrs of testimony
were taken by said referee and the
facts of the case as disclosed by this
seem to be these:
The Djinreggan. a uteel nailing vessel,
bark rigged, and haviag a registered tonnage
of 1,4 1 1 tons net, with one C. .L
Dixon as master, sailed from tha port of
London. Great Britain, on the 14th day
of March. 1000, bound for the ports of
Honolulu. Hawaiian Islands, nnd Seatttev
Washington, with a cargo of general merchandise
for both said ports. Snil bnrk
arrived off Diamond Head, about W
miles from Honolulu, on August Vh.
1000, and went ashore upon the coral
reef encircling Diamond Head at or about
0:40 a. m. of that day.
About 11 o'clock a. m. of the same day
the tug Fearless, owned by the UbcRnnt
herein. Captain Brokaw in commaml.
came out to the ship and after so""! parleying
with tho captain as to compensation
to be paid him for services to be
rendered, fastened a line- to the Duiife
gan and began tugging nt the ship to pnl
her off the rcf.
Later in the day, to-wit. about 2 y, txu
the Eleu came out to tile ahis, she havi' x
been there earlier iu the day. and again
offered assistance, whereupon, in th-
words of Captain Dixon of tie stranded
Dunreggan. the following conversation
"I afeed him why ho didn't a
bargain with me this morning, when b
said it was a harbor government tog and
that be must not make any bargain. He
said that all he could charge me waa
whatever the tariff wonld be in this port;
that was all he could charge me, the tariff
in this port for her services. Towar
tariff, all that could be charged for her
services- 1 agreed to that and I said.
'Give us your hawser on those terms. and
it was on those terms I accepted."
After agreeing to accept the services
of the Eleu that tug also fastened to the
Dunreggan and began pulling in connection
with the Fearless until about iJ p. to,
when ber spring broke, she slipped her
hnwser and left for Honolulu.
The United States revenue cutter Iroquois
also came out with the offers of av
sistance on the Sth of August, but dM
not succeed in getting a line on the
that day. The tag Fearless remained
by the ship, pulling all of the 3th
of August, and also the entire night of
the Sth. keeping ber head to the wirl,
and continued doing so until 4:10 p. cu
of the 0th of August; at high tide, when
the Dunreggan finally came off the reC
and was towed into the harlor of Ho-,
nolulu by the Fearless. It seems that
that tug worked continuously at the vessel,
ave for an interval of about
of an hour on the 0th, when her
hawser broke, from the time she firt
went out to the nhip until the Daareggan
finally yielded to the combined effort of
the tugs Fearfe? and Eleu aad tke
I'nitcd States revenue cutter IroqaoU oa
the afternoon of the 0th.
It i admitted that the value of the
cargo and freight of the Janreggan was
?543JJ0. This does- not Include the
jettisoned cargo, which was valued at
about $1,253.40. There Is some confikt
of testimony a to what the ship wa
worth when she went upon the reef,
the estimated value ranging from sixty
to seventy-five thousand dollars. It h
admitted, however, that sh was Insure!
for v5.0rt which is a most unusual Insurance
on a ship worth, as claimed by
some of the witnesses, 'hat fU&OOO. " "
V uijHajn tKUag maatxr at uw
Eleu on the 0th of August. 1900,
a personal demand for salvage services
rendered by him on the said 0th day of
August in the sum of $200.
The libellants demand salrage (a the
snm of ?2O,000 for the serrK renderel
by the tug Fearless, as uira. from tha
master and crew of th tug as for the
libellant Ba,rs4. .
(Contiaaed pn Sltta Page.)
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