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WEEKLY F.STAHLISHED Id.
DAILY KSTAHLISHED 1SS0.
VOL LI XO. 34 O.
IXDIAXAPOLIS, FRIDAY MORXIXG. DECEMBER O. lOOl TEX PAGES.
PRICK 2 CEXTS EVERYWHERE.
dimtssed i the sexatk nv
M1SHS. M'COMAS AND JIOAIt.
Both In Fnvor of Action by Concres
I.onklnR to the Hfprflon of
SPEECH BY THE HARYLANDER
DEVOTED MAlM'Y TO EXPLAINING
THE POWER OF CONGRESS,
"Which, He Said, Has ConatltntlonnI
Authority to Enact Lam for Pun
ishing Assailants of Presidents.
VIEWS OF SENATOR HOAR
MASSACHUSETTS STATESMAX WOULD
DANISM ALL AXAHCIIISTS.
He Would Send Erery One to Some
Spot Where There Is No Govern
ment, the Utopia of Their Desire.
WASHINGTON, Dec. 5. Senator Mc
Comas, of Maryland, made an extended
and carefully prepared speech in the Sen
ate to-day with anarchy for his theme,
and was followed by some brief remarks
by Mr. Hoar, of Massachusetts, on the
difficulties In the way of dealing with an
archist assassins. Mr. McComas's remarks
showed careful examination of the legal
authorities. He maintained that Congress
hud full power under the Constitution
to enact a law punishing with death any
person kilting a President, or assaulting
the President, with Intent to kill, or aid
ing, inciting, or procuring such an act.
lie favored rigid provisions In the immi
gration laws for the deportation of alien
Anarchists. Much of the speech was de
voted to an explanation of the dangerous
doctrines of anarchy and the extent to
which these doctrine had been propagated
within recent years.
"Within seven years," he said. "President
Carnct, Prime Minister Canovas del Cas
tillo, the Empress of Austria, King Hum
bert and President McKinley have been
foully assassinated by Anarchists. Our
homes are still under the shadow of na
tional grief for our best beloved President
and the heart of the-world Is with us in
our sorrow. It is humiliating to consider
how Impotent are - our , federal laws to
punish this fearful crime. These tragic
assassinations in five countries, widely
separated, in so short a time, show that
this hideous crime of anarchy Is increas
ing. To abnormal minds possessed with
this impulse to homicide envy and vanity
give a peculiar fascination to the Idea of
assassinating a King or President. Con
gress must legislate against this new
peril with courage, with firmness, but also
Tvith conservatism and prudence. The
Constitution permits Congress to enact a
law to punish such crimes against the
very existence of the government the
After defining the terms of a prepared
statute fixing the death penalty for killing
a President, or assaulting him with intent
to kill, or advising, inciting or procuring
such acts, the senator preceded as fol
lows: "This sovereign Ntilcn is not so
weak that it must depend ur-jn the vary
ing laws of Its different States to punish
a criminal who assassinates or' attempts
to assassinate the President whom the
Constitution declares shall take care that
the laws be faithfully executed.
ALWAYS ON DUTY.
The President is within this peace of
the United States. A person assailing the
President while In the discharge of his
duties violates this peace. If the Presi
dent is receiving the people of our country
or representatives of foreign countries in
any city or any of our States he Is at the
time within the peace of the United States.
If, after he performs such function, he
Journeys to the White House and at night,
when asleep, the car wherein he sleeps be
assaulted with dynamite, such crime is
still a crime against the peace of the United
States In whatever State the President's
train may be. Can this be doubted? The
President's duties are continuous, not pre
termitted. He Is always on duty. He
cannot delegate his highest functions. Un
til lie dies, or resigns, or ends his term
he is ever taking care that the law be
faithfully executed. That the government
may not be pretermitted from necessity the
President is on duty always and every
where. The President is In the- peace of
the United States at all times and in
all placrs In the Union.
"Congress may go further it may enact
laws to protect the high executive offi
cers; it may even protect senators and
members of Congress. I am convinced it
is wise to legislate now to protect the
head of the state the President and the
Vice President and the officers on whom
the office of Resident shall devolve and
now go no further. It may be prudent
to declare that this statute Is not to be
construed to Impair the protection already
afforded by the law to other officials of
the United States.
'"Congress should enact a law to give
federal courts Jurisdiction to try and pun
ish by Imprisonment for a term of years
two or more who confederate and con
spire to murder the President or Vice
President or both, or any of the officers
In line of succession to the President, or
who advise or incite any person to over
throw the federal government or destroy
it by force and violence by willfully kill
ing or assaulting with Intent to kill the
Iresident or Vice President, or both, or
any of the officers In line of succession to
AIM KD AT SOCIETIES.
"This statute should make it a crime,
with penalty of imprisonment for a term of
years, for any person to knowingly become
or continue to be a member of any associa
tion, club or assembly where any person or
persons advise or Incite any of the offenses
"Such statute should make It a crime
punishable by imprisonment for a term of
years for any person or persons to threaten
or to speak, write, print or publish any
works or declarations counseling, advising
or inciting other persons to willfully kill,
or to assault with Intent to kill, the Pres
ident. The prohibitions, crimes and penal
ties of the postal laws to suppress fraudu
lent and lottery schemes should be extend
ed to irclud the sending through the malls
of written or printed Anarchist doctrines or
newspaper counseling or advising the
crimes In this statute mentioned or coun
seling or advl.-lng the subversion or de
struction by force and violence of the gov
ernment of th United States.
"Hut thi statute would be Incomplete un
less it included one other feature. It should
make it a crime punishable with a term of
imprisonment for tt or more while In the
United States to conspire and confederate
to commit any one of the crimes mentioned
upon any resident, king or other had of a
state, or for any person to solicit, persuade
ct propose to any other person to murder
the head of a state or any republic, king
dom, empire c r other sovereign Mate. In
ternational comity require this. No one
doubts that a conspiracy In one nation to
kill the head of another state is an offense
against the law of nations.
"We should enact laws to expel and to
exclude alien Anarchists. We shall, at this
session, with unanimity re-enact the Chi
nese exclusion acts. I will cheerfully vote
to exclude the hordes of Chinese and pre
vent the competition of Chinese cheap la
bor. Far more readily will I vote to ex
clude alien Anarchists here now. We have
naturalized and even native Anarchists in
our midst. With these we must contend in
other fashion. Why should we not. as we
may. expel alien Anarchists for cause?"
The senator also urged numerous amend
ments of the Immigration laws with a view
to excluding Anarchists. In conclusion he
said: "At all times the body of the plain
people, whom Lincoln loved and upon
whom McKinley leaned, are its unfailing
defenders. This great people, facing the
hideous peril of anarchism, taught by their
sorrow to think straight and clear, now
rate more highly than ever the value of
their government, prize more than ever Its
benefits, which are theirs to enjoy and
theirs to transmit. More than ever before
are now revealed to them its blessings, its
glory and its power."
MR. HOAR'S REMARKS.
At the conclusion of Mr. McComas's re
marks Mr. Hoar spoke briefly along the
same lines. He said that while he heartily
agreed with much that had been said, yet
the great difficulty in all these cases of
assassination was that the assassin was
willing and anxious to give up his life. Fear
of consequences did not in any way deter
such an assassin. Such was the case with
the assassin of William of Orange, who
welcomed the torture Inflicted on him.
Every assassin of a foreign ruler had ex
pected early and certain death. The multi
plication of punishments for the act Itself
therefore would accomplish little. Much
good might be accomplished In limiting the
circulation of fanatical doctrines. But the
senator believed that a much more effective
remedy could be secured if by common con
sent of all civilized nations some tract of
land somewhere on the earth's surface,
hemmed in from the outer world, could be
set aside for the confinement of those who
counseled the killing of rulers or the over
throw of government. "Let the Anarchists
have an object lesson," the senator said,
"and let the world have an object les3on.
Let there be a little Inoculation of anarchy
Into the Anarchist himself and let him have
an anarchistic government among his fol
lowers." Mr. Hoar said banishment would be a
proper punishment under the Constitution,
and if all nations would agree that every
such person be sent to a spot, where there
was no government. It would be an effec
tive remedy. Certainly, the Anarchist
could not complain, for in being trans
ported to a place of no government, he
would have leached his Utopia.
-Mr. McComas's resolution was then laid
aside for discussion later.
The presiding officer announced the fol
lowing senators as the committee to act
with the committee from the House to con
sider by what token of respect Congress
may express Its deep sensibility at the
death of the late President McKinley:
Messrs. Foraker, of Ohio; Fairbanks, of In
diana: Allison, of Iowa; Kean, of New Jer
sey; Aldrich, of Rhode Island; Nelson, of
Minnesota; Perkins, of California; Jones,
of Arkansas; Morgan, of Alabama; Cock
rell. of Missouri, and McEnery, of Louis
iana. A message was received from the Presi
dent responsive to the Senate resolution
transmitting the letters of Jefferson to
Madison and Monroe on the subject of the
annexation of Cuba.
The Senate passed a bill extending the
life of the Industrial Commission until Feb.
13 next to complete work it now has In
hand. Adjournment was taken until next
HAYOC OF A COLLISION
THREE: NEGROES KILLED AM)
THIRTY-EIGHT PERSONS HIRT.
Moat of the Injured Are Colored Immi
grant, and Some May Die Two
PassenKer Trains Wrecked.
MALVERN", Ark., Dec. 5. Three persons
killed and thirty-eight Injured is the result
of a head-end collision between two pas
senger trains on the St. Louis, Iron Moun
tain & Southern Railroad one and one-half
miles south of here at 6:32 o'clock this
evening. The trains were No. 3, known as
the St. Louis fast mail, south-bound, leav
ing St. Louis at 3 a. m., and No. 14, known
as the Little Rock and Eldorado passenger,
north-bound, due in Little Rock at 8 p. m.
Following is a list of the casualties:
Killed (all negroes) Jerry Dickson, un
known man and unknown woman, all of
Injured (whites) Frank M. Henry, Mal
vern, serious internal injuries; Judge J. B.
Moore, Arkadelphla, Ark., head cut, badly
injured in back and hip; S. T. Roberts, Lit
tle Rock, arm broken, head cut, leg
sprained, serious; Charles Kauffman, Lit
tle Rock, cut about face, not serious; W.
T. York, Oklahoma City, face cut. injured
in back; A. L. Slack. Little Rock, slight;
William Frederick. St. Louis, face and
breast cut, not serious.
Injured (.negroes) L. A. Moore, Landers
ville, Ala., back and hip injured; Elmer
Stevenson, Landersville, both legs crushed,
arm lacerated; Mack Stevenson, both legs
crushed; Melvin Stevenson, back strained;
Maggie Stevenson, right leg broken, inter
nal injuries, probably will die; Thad. Stev
enson, hip dislocated; Julia Stevenson, bad
ly bruised; Jasper Warren, both legs
crushed; John Densmore, head cut and
shoulder dislocated; Charles Densmore. left
leg broken, injured In back, probably will
die; two Densmore children, not serious,
all of Landersville, Ala.; Charles Shepard,
Shreveport, La., both legs badly crushed;
Will Walters, Mansfield, La., foot and arm
crushed; John McNeal, Fort Smith, Ark.,
shoulder dislocated; Neal McAuley, Ark
adelphla, Ark., scalp wound; Henry Smith.
Mount Homer, S. C, hip dislocated; Jennie
Ware, Mount Homer. S. C, leg broken, in
jured internally, probably win die; George
Young, Lagrange, Ga.. leg and arm broken;
Wallace Partee, Fort Smith, Ark., both
legs cut; James Ingram, Fort Smith, Ark.,
face and head cut; Dick Hudgins, Sagi
naw, Ark; John Hall, Little Rock, Ark.,
both legs and arms Injured; Harvey Knox,
Arkadelphla. Ark., foot mashed and leg
lacerated; Sam Barnes, train porter, hurt
In hip and knees; Edward Williams. Mem
phis, leg and face cut; Henry Weatherford,
Danville, Ark., hip dislocated and leg
crushed; four colored children injured,
names not given.
Train No. 3 was to meet No. 14 at Mal
vern, but the latter train was late and No.
3 moved ahead, expecting to meet the other
train at the next station. A mile and a
half south of Malvern the two trains met
in a terrific collision. Engineer Robert
Heriot, of No. 14. jumped In time to save
his life, while Engineer M. Campbell, of
No. 3. did likewise. The two engines were
wrecked, and the colored coach, next to
the baggage car on the south-bound train,
was badly smashed. It was crowded with
colored emigrants en route from North
Carolina. Georgia and Alabama to Texas.
The smoking car of the north-bound
train was badly damaged, and most of its
occupants were injured, but the rear
coaches on this train did not suffer. The
dead and injured were brought here as
soon as iossible and physicians are attend
ing the injured.
LOW PRICE OF SILVER.
It In IlnrtliiK Mexico mid Itemed till
LeKlslatlon Is Proposed.
MEXICO CITY. Dec. 3 Finance Minis
ter Limantour. in a special communication
to Congress on the depreciation In the price
of silver and Mexican dollars, declares this
subject has occupied the attention of the
executive for some time, with a view to
the enactment of legislation which will re
duce the prejudicial effects which invaria
bly result from sudden fluctuations in the
price of the white metal.
Accompanying the communication Is a"
bill enabling the executive to remove
wholly or !n part the Imposts established by
law lii March. 17. on silver, which, having
been exported from the republic after pay
ing respective Imposts, may be relmported
for coinage. The measure will almost
surely be passed by Congress within a
REPRESENTATIVES OF OVER 1,500,
OtX TOILCHS IX CONVENTION'.
Largest Congress of Workmen Ever
Held In the Conn try, 2K. Dele
gates Being in Attendance
OBJECTION MADE TO MINERS
BIT PROMPTLY OVERRULED BY AX
AL3IOST UNANIMOUS VOTE.
Color Line Question from Richmond,
Vn., Decided in Favor of the
REPORT OF THE PRESIDENT
GAIX OF 311 UNIONS AXD 301,410
MEMBERS IX A YEAR.
Recent Strikes Reviewed ly Mr. Gom
pers Campaign for Re-Enactment
of the Chinese Exclusion Act.
SCRANTON, Ta., Dec. 5. Two hundred
and eighty-five delegates, representing
more than a million and a half workmen,
responded to the roll call at the opening
session of the twenty-first annual conven
tion of the American Federation of Labor
which was called to order by President
Samuel Gompers in St. Thomas College
Hall this morning. The convention Is said
to be the largest congress of workmen ever
held in this country. Organization, set
tlement of questions Involving contested
seats and the reading of the annual reports
of the president, secretary and treasurer
took up the entire time of the convention.
During the day one surprise was sprung
on the delegates and one Important de
cision was made. The surprise came In
the form of an objection to the seating of
the United Mine Workers' delegates be
cause of an alleged arrearage In their per
capita tax. The objection was overruled
by an almost unanimous vote of the dele
gates. The important question decided re
lated to the contested seat from the Cen
tral Labor Union from Richmond, Va.,
which body refused to admit negro work
men to its organization. The dispute was
adjusted by seating the Central Labor
Union representative and instructing the
executive board of the American Federa
tion of Labor to form a separate central
union for colored men.
When the names of the delegates repre
senting the United Mine Workers of Amer
ica were reached in the roll call C. L.
Shamp, of Chicago, international secretary-treasurer
of the Brotherhood of Sta
tionary Firemen, objected to their being
seated. He maintained that the mine
workers were not entitled to representation
In the convention because the per capita
tax of 14,000 had not been paid to the
President Mitchell, of the mine workers,
replied that his organization was not ask
ing for special privileges. Several thou
sand of Its members were on strike almost
continually for the past two years, and he
said he had asked the executive board to
remit the levy because the miners had paid
an assessment of $5.000 for the aid of the
machinists. He said if the convention de
cided that his organization was in arrears
he would immediately draw a check for
the amount due. The matter went no fur
ther, and by an almost unanimous vote the
coal miners' representatives were seated.
The contest between the American Fed
eration of Musicians and the Detroit
Central Labor Union over the sea ting of the
latter's delegate was settled by the Cen
tral Labor Union being recognized. The
decision In this case was accompanied by
recommendations looking toward an ami
cable adjustment of the differences between
the Central Labor Union and the Musi
cians' Union of Detroit.
PRESIDENT GOMPERS'S REPORT.
The reading of the annual report of Pres
ident Gompers consumed three hours. Sec
retary Morrison's report and that of Treas
urer John B. Lennon were also read. Mr.
Gompers's report showed a net Increase of
3U local unions for the year and a gain
of 364,410 members. From national a.nd in
ternational unions and the Federation di
rect there were Issued 4,056 charters for
newly-formed unions, and charters sur
rendered or unions disbanded numbered
1.150. On Oct. 31 last there were affiliated
with the Federation: National and Interna
tional unions, eighty-seven; city central la
bor unions, 327; state federations of labor,
twenty; local trades unions, having no na
tional or international, u0, and federated
labor unions, 3P9.
There were four strikes of a general
character during the year. About these
the report says that of the river and dock
workers of San Francisco was a distinct
The purpose for which the strike of the
Amalgamated Association of Steel and
Iron Workers was inaugurated was not
achieved and it was terminated upon con
ditions less advantageous than perhaps
could have been obtained. Owing to the
widespread interest this strike aroused
a large number of Iron and steel workers
employed by other than the corporation
against which the strike was Inaugurated
have been organized under the jurisdiction
of the Amalgamated Association. The
hope Is entertained, too, that the day is
near at hand when every one employed at
the various branches of the industry and
coming under the jurisdiction of the Amal
gamated Association may be enrolled as
a member prepared to defend and promote
the interests of the entire craft, and to
further the great cause for which we unite
and federate the case of human justice.
Officers of the International Association
of Machinists report that their strike has
very largely succeeded in establishing the
nine-hour rule In that trade. They claim
th settlements reached have given t0.(XQ
machinists a shorter workday, 15.000 others
are affected by compromises reached and
75.0X) machinists will receive an average of
25 cents a day increase in wages.
The report notes a growing tendency to
agreements In industry. To create a de
fense fund. It recommends changing th?
Federation's constitution so as to admit of
a larger assessment and the levy by the
executive council early In the year of a
postlon assessment, divided so that a tund
mav be at its disposition at any time in the
interest of any of affiliated organizations,
engaged In a protracted struggle which
they could not singly support. It also rec
ommend. authorizing a committee to meet
with representatives of the Western Fed
eration of Miners looking to their affllia-
i.on. The report denounces the employ
ment of young children and contends for
greater organization among women work
ers. Mr. Gompers says he has arranged an
active campaign for the re-enactment of
the Chinese exclusion act and expresses
surprise at the "patience of the Pacific
coast citizens In submitting to a state of
affairs so horrible and degrading." It ar
raigns Chinese immigrants as lowering
Treasurer Lennon's report showed an in
come of $126.522: expenses, $118,708; total
funds at hand. KM 4.
Secretary Morrison's report shows the
total number of strikes of all kinds re
ported, aggregating 1.066, in which 153.56
members were benefited and 12,707 were not
benefited. Their total cost was $548,003.
Situation at Pittsburg.
PITTS DURG, Pa., Dec. 5. The closing
down of the Clinton furnaces on the South
Side to-day was one of the more recent
effects of the great freight congestion in
Pittsburg. Nearly all the principal mills
and furnaces in Pittsburg are now idle or
running at low ebb. Those that are able
to keep in operation are expecting to close
down in a few days. Officers of the Bes
semer Furnace Association stated to-day
that practically all the valley plants are
closed or else are working so lightly that
little was being gained.
Railroad officials promise that matters
will Improve after the first of next month,
Wiien some of the motive power that has
been engaged in the coal movement will be
released and sent to the Pittsburg district.
COURT AGAINST SCHLEY
ALLEGED TO HAVE REEX FOIXD
GUILTY OX FIVE COUNTS.
Unconfirmed neport that the Rear
Admiral Will De Charged vlth
NEW YORK, Dec. 5. A special to the
Press from Washington says:
"Rear Admiral Schley has been found
at fault on five counts by the court of In
quiry. This comes from a person who Is In
a position to learn the opinion of the three
admirals on the different specifications of
the precept. It is understood, however,
that the court finds against Schley.
"First For the delay of the flying squad
ron off Clenfuegos.
"Second For misrepresentation of the
reasons for returning to Key West to coal.
"Third For disobedience of orders In
making the retrograde movement.
"Fourth For failure to destroy the Colon.
"Fifth For conduct unbecoming an offi
cer and gentleman in the Schlej'-Hodgson
It is Impossible to-night for the Asso
ciated Press to confirm the report of the
Press's statements in regard to the find
ing of the Schley court.
DELAY IN NEELY CASE
PROSECUTIOX LACKS TESTIMONY
FROM TUE UNITED STATES.
Protest of the Defendant's Counsel
Against a One-Sided Hearing: Con
sidered by the Cabinet.
WASHINGTON, Dec. 5. The prosecution
In the case of Charles W. F. Neely, charged
with postal frauds In Cuba, has met with a
check, which may cause much delay In the
trial of this case. It appears that the
prosecution is of necessity relying largely
upon letters setting out testimony taken In
the United States. Such depositions may be
used lawfully, according to the Spanish
practice. But the question has been raised,
and has been discussed by the Cabinet: "Is
such a proceeding lawful under the statute
by means of which the extradition of Neely
to Cuba was secured?"
The extradition laws are held by Neely's
friends and counsel to demand for the ac
cused the opportunity to be confronted with
witnesses against himself, or have full op
portunity to cross-examine on depositions,
as he should have had under the American
practice. To admit this point would be to
greatly endanger the success of the prose
cution, in the opinion of the officials here,
but so far no decision has been reaohed.
RUN DOWN WITH DOGS
TWEXTY-TWO NEGROES CAPTURED
WITH AID OF IILOODIIOL'XDS. .
Arrests Followed a. FiRht In "Which
Two Whites nnd Two Illacks Were
Killed and Others AVounded.
ANDALUSIA, Ala., Dec. 5. Shelff Brad
shaw returned to Andalusia at 12 o'clock
to-day with twenty-two negroes who are
accused of complicity in the killing at
Opp, last evening, of J. W. Dorsey, a mer
chant, and Fate Atkins, city marshal at
Opp, so seriously wounded he died soon
afterward. The negroes brought in to
day were chased with bloodhounds and
captured by the sheriff and his posse.
There is great excitement here and there
are fears that the friends of the dead white
men will attempt a wholesale lynching.
The sheriff landed the negroes safely In
jail here and has taken precautions to re
sist the mob in case one is formed.
J. W. Dorsey and Marshal Fate Atkins
went to the turpentine quarters near Opp
yesterday to arrest a negro who was ac
cused of stealing a pistol from a white
man. The negro was barricaded in his
cabin and fired on the men as they ap
proached. It developed that the negro
had about fifty of his fellow-workmen in
the house with him. A general fight ensued
in which Dorsey was killed and Atkins
fatally wounded. A white man named
Fltzslmmons. who was with them, was
shot twice in the leg. Two negroes were
killed and several others wounded. The
attempt to capture the negroes at that
time was given up and Sheriff Bradshaw
was sent for. He left Andalusia at once
for Opp with deputies and dogs and re
turned to-day with twenty-two negroes.
J. W. Dorsey. one of the white men
killed, was one of the most prominent citi
zens of Opp. being a merchant, a member
of the Council and treasurer of the town.
SCHEME OF SHEEPMEN.
Plan to Keep Flockmasters Out of the
CHEYENNE, Wyo.. Dec. 5. A combina
tion Is being formed at Rawlins by the
sheepmen of what Is known as the Sweet
water country, for the purpose of excluding
Utah flockmasters and local cattlemen
from encroaching on what Is known as
the Red Desert winter ranges in Sweet
water valley. It is proposed to lease and
buy from the Union Pacific every alter
nate section, which Is owned by the com
pany and thereby control approximately
1,500.000 acres of the finest winter feeding
ground in the West. By leasing all the
land, which will give them control of al
ternate government sections, the sheepmen
will hold full control, and range cor.tlicts,
which have been frequent, will come to
The sheepmen who propose to lease the
land have offered the railroad company a
rate of one cent per acre, or $4. per
year for the land. The proposition has
been wired to the Union Pacific general
land office at Omaha and it is expected
that the deal will be closed in a few days.
$150,000 FOR EACH
XO DISCRIMINATION BETWEEN AX.
DERSOX AXD MUXCIE, IXD.
Roth Enterprising Cities to Hare Pul.
11c HulIdliiKs that Will Cost
the Same Amount.
BILLS BY MB. FAIRBANKS
WHICH WILL RE PUSHED IX TIIE
HOUSE BY 3IR. CROMER.
Latter Striving to Secure Rural Free
Delivery for Every Resident
of Ills District.
MR. CRUMPACKER'S MEASURE
CAUCUS 31 AY ACT OX THE SOUTHERN
W. D. Foulke's Nomination the First
Confirmed by the Senate Recess
Appointments Sent In.
Special to the Indianapolis Journal.
WASHINGTON, Dec. 5. Senator Fair
banks has introduced measures providing
for public buildings at Anderson and Mun
de, Ind. Each city, according to this
measure, is to have a $150,000 building.
That Mr. Fairbanks should introduce these
measures early in the session Is an Inti
mation that he means to urge their pass
age. He Is chairman of the committee on
public buildings and grounds, and is In
position to secure the appropriations if It
is possible to do so in the Senate. Repre
sentative Cromer will present the same
measures in the House, and after an In
terview with Mr. Mercer, the chairman of
the House committee on buildings and
grounds, he is encouraged to think he will
be able to secure this legislation and pro
vide these two rival towns of his district
with federal buildings commensurate with
Mr. Cromer also is moving towards se
curing rural free delivery for all the resi
dents of his district. Up to this time he
has secured rural delivery for all the
farmers of his own county (Delaware), and
he thinks he can break the record by being
the first to secure the rural carriers for all
the counties of his district. He has a
good start and has only one important
rival Mr. Fletcher, the representative
Representative Crumpacker, of Indiana,
one of the original movers of the proposi
tion to reduce the representation of the
Southern States In the House of Repre
sentatives, Is urging the calling of a Re
publican caucus to determine whether the
dominant party In the House shall take up
as a definite policy some plan of action
against the alleged overrepresentatlon of
the Southern States. To-night Mr. Crum
packer Is confident he can secure over one
hundred signatures for the calling of a
caucus, only twenty-five signatures to a
petition being required. He thinks that
over two-thirds of the Republicans In the
House are in favor of the caucus. The
caucus, if called, will determine two
things: First, whether the reduction of
Southern representation Is-to be made a
Republican policy; second, what means
shall be adopted to reach the desired end
in the quickest and easiest manner. Mr.
Crumpacker received Information to-day
from influential Republicans in the Senate
of approval In the upper body of the cam
paign that Is being started In the House.
These senators urged the House Repub
licans to go ahead with the work and
push it to early completion. The reduction
in representation as planned by Repre
sentative Crumpacker would be as follows:
Alabama, 3; Florida, 1; Louisiana, 3; Mis
sissippi, 2; North Carolina, 3, and South
President Roosevelt invited Russell B.
Harrison to lunch with him to-day, and
the son of the ex-President and the pres
ent President had a very pleasant chat.
After leaving the White House Mr. Har
rison said that Mr. Roosevelt was the most
pleasant man he had ever met. "He is a
fine entertainer. He talks Interestingly,
and when his guests are not listening he
Is paying strict attention to what they are
saying. Yes, he is a good feeder."
The Senate to-day honored William Dud
ley Foulke, of Richmond, by promptly
confirming his nomination as civil-service
commissioner, being the first appointment
confirmed this session. A large batch of
recess apoplntments was received by
the Senate this afternoon, among them
being those of Henry C. Pettit, to
be United States marshal for the district
of Indiana; John R. Ronnell, to be collector
of internal revenue In the Seventh Indiana
district, and Fred V. Martin, of Indiana, to
be commissioner of immigration at San
Juan, Porto Rico. The President also ap
pointed George W. Allen, of Florida,' to be
collector of customs for the district of
Key West, Fla.
Members of the House are showing some
opposition to the origination of Philippine
revenue legislation in the Senate, and In
particular to Senator Lodge's bill, which
deals with this subject. Representative
Tawney, of Minnesota, holds that the con
stitutional provision that "all bills for rais
ing revenue shall originate in the House of
Representatives" applies to the Philippine
measure, and the Minnesota member will
oppose any Senate bill on the subject as an
invasion of the prerogatives of the House.
Mr. Overstreet, of Indiana, and quite a
number of other influential members main
tain that the Senate Philippine bill in
volves no Invasion of House rights, as it
extends an existing law to the Philippines
and is not a revenue measure within the
meaning of the Constitution. In any event,
the question of the right of the House over
the subject is likel to be discussed on the
floor of the House.
Mr. Chamberlain, the commissioner of
navigation, has Issued a circular In which
collectors of customs throughout the
United States are directed to exempt ves
sels from the Philippine islands arriving In
this country from tonnage taxes levied "un
der authority of the act of Vessels ar
riving from foreign ports via the Philip
pines, or visiting foreign ports while on a
voyage from the Philippines to the United
States, are still subject to the tax. This
action Is taken under the authority of ths
recent decisions of the United States Su
preme Court in the Insular cases.
Senator Penrose to-day Introduced in the
Senate a bill for the regulation of immigra
tion prepared by himself and the commis
sioner general of immigration, which looks
to a general revision of the laws upon this
question. The measure provides for a duty
of $3 per head on all persons comtnc into
the United States from foreign countries
except those who are citizens of this coun
try or of Canada or Mexico, the fund to be
thus raised to be applied to the payment of
the expenses Incident to the regulation of
immigration. The bill excludes all Idiots,
paupers and persons liable to become a
public charge and those afflicted with loath
some or contagious disease. It prohibits
assistance In the matter of passage and
provides heavy penalties for the Importa
tion of women for immoral purposes.
Steamship companies are prohibited under
heavy penalty from advertising for foreign
Secretary Root has prepared for submis
sion to Congress a bill providing for the
voluntary retirement of the veteran of
ficers of the army, who have seen service
in the three wars the rebellion, the Indian
wars and the Spanish war with an .addi
tional grade. It appears that only about 201
officers will be affected by this arrange
ment which the President himself will urge
in the strongest terms as a measure of sim
ple Justice to the veterans and as calculated
to improve the efficiency of military service
by placing younger men in command.
President Roosevelt entertained another
representative list of public offlcials at
dinner at the White House to-night, the
guests on this occasion Including the fol
lowing: Secretaries Hay and Root, Senators
Foraker. Morgan. Lodge. Hale. Cockrell.
Fairbanks. McEnery, Quarles and Clapp;
Representatives Hitt, Cooper, William S.
Moody and General Leonard Wood.
John C. Ferguson, foreign councilor and
advisor of Liu, Kun Yih, the Chinese vice
roy of Hankin, called on Secretary Hay
to-day to convey formally to the secretary
the personal thanks of the viceroy for the
part he took in protecting China during
the crisis through which that country has
just passed. Later Mr. Ferguson delivered
a similar message to the President.
Prof. F. Lampson Scribner, the astrolo
gist of the Department of Agriculture, has
been appointed chief of the Insular Bureau
of Agriculture In the Philippines. He will
have direct charge of all agricultural affairs
in the archipelago. This Is a new office.
The postofllce at Smyrna, Decatur coun
ty, Indiana, will be discontinued Dec. 14.
Mall to Greensburg.
Fourth class Indiana postmasters ap
pointed to-day were as follows: Eminence.
Morgan county, Thomas Arend, vice H. A.
McGInnls. deceased; Griffin, Posey county,
W. T. Pemberton. vice Floyd Cummlngs,
removed; Libertyville, Vigo county, George
W. Landes, vice Thomas Carmichael, re
In compliance with the suggestion of
Senator Piatt, of Connecticut, chairman
of the committee on Cuban relations, the
Cuban commissioners now in this city, have
prepared the draft of a bill designed to car
ry out their views for remedial tariff legis
lation for the island. This provides for the
admission to the United States free of duty
after Jan. 1 next of Cuban molasses and
raw sugar up to No. IS Dutch standard,
and the admission of other Cuban prod
ucts to the United States on payment of
half the prevailing duty. In return for this
favor, the bill provides that the Cubans
must first agree to admit to the island for
half the duty charged all other nations
the products of the United States.
NO CHARGES PREFERRED
ROSCOE O. HAWKINS HAS A CHANCE
FOR THE JUDGESHIP.
President Informs Sir. Overstreet
There 11ns Heen Nothing Said Re
flecting on the Indlancpolltan.
Special to the Inllanipolis Journal.
WASHINGTON, Dec. 5. Representative
Jesse Overstreet, of Indianapolis, had a
conference lasting half an hour with Presi
dent Roosevelt this afternoon. The matter
under discussion was the United btates
Circuit Court judgeship vacancy. Within a
day or two certain Indianapolis newspapers
have stated, on authority that was un
named, that stories affecting the fitness
of Roscoe O. Hawkins for the judgeship
have been brought to the attention of the
President, and it was with reference to
this that Mr. Overstreet made his call. The
President assured Mr. Overstreet that no
charges of any character whatever had
been preferred against Mr. Hawkins by
any one, and while he did not give any
indication as to who he has In mind to ap
point, Mr. Overstreet left the White House
firmly convinced that Mr. Hawkins stands
an equally good chanc with other men
mentioned for the honor.
I'TE INDIANS PLEASED.
The "Great Father" Told Them Red
Men Made Good Soldiers.
WASHINGTON, Dec. 5. Commissioner of
Indian Affairs Jones to-day Introduced to
President Roosevelt a delegation of Ute In
dians, who were anxious to meet the "Great
Father." The President shook hands very
cordially with each of the Indians. One of
the Indians understood English. On being
informed of this fact the President turned
to him and said:
"Tell your brothers that I had fifty In
dians in my regiment during the war with
Spain and they made fine soldiers."
The Indians appeared to be very much
pleased when this message was conveyed to
Law ReKulatlnfr the Practice of Oste
opathy Net Constitutional.
COLUMBUS. O., Dec. 5. The syllabus of
the Supreme Court's decision in the case of
Henry H. Gravett, of Darke county, an
osteopathist, who was indicted for alleged
violation of the State medical laws, made
public to-day, disclosed that the law passed
by the Ohio Legislature two years ago
regulating the practice of osteopathy Is de
clared unconstitutional. The law Is found
to be defective In that It discriminates
against osteopathista by requiring them to
conform to the same conditions imposed
upon regular physicians In the matter of
aiplomas, while It denies them the right
to prescribe drugs or perform surgery.
ASSAULTED IN STREET.
Woman Choked Into Insensibility nnd
Her C'lothliiK Set on Fire.
DAYTON. O.. Dec. 5. Mrs. Emma Käst
ner was assaulted on Jackson street, last
night, by two men, who leaped from a bug
gry and choked her Into Insensibility, after
which they set fire to her clothing. She
was rescued by a colored man. who has
disappeared and cannot U found. The po
lice are investigating. The woman's hus
band, who Is a Socialist, claims that they
are the victims of designing persons, and
that the class opposed to Socialists Is re
sponsible for the work. He says that dur
ing the past month he has received threat
ening letters, while various attempts wrre
made to do himself and wife bodily harm.
TEXT OF TUE II A Y-PAVN CEFOTD
TREATY AS SENT TO SENATE.
llritnln Has "Wal Ted All Rut One Rlfrht
She Claimed Inder the Clay-ton-Iluliver
WATERWAY MUST BE NEUTRAL
FREE AXI) OPEX TO ALL NATIONS OX
TERMS OF EQUALITY.
Centralization Rules Mnil Re Sub.
stantlally the Same as Those
Which Govern Sues Canal.
TEXT OF THE NEW DOCUMENT
with a nnii:p li:tti:r of trans
mittal, fhom Tilt: iiti;MiJi;xT.
United States Not Round to Coimtruct
the Canal Across the Isthmus
by Any Citven Route.
WASHINGTON. Dec. 5.-The new Hay
Pauncefote treaty, providing for the con
struction of a canal across the Isthmus
of Panama, .Ich was sent to the Senats
yesterday, is as follows:
"The United States of America and his
Majesty, King Edward VII, of the United
Kingdom of Great Britain and Ireland
and of the Rrltish dominions beyond the
seas. King and Emperor of India, being
dtslrlous to facilitate the construction of
a ship canal to connect the Atlantic and
Pacific oceans by whatever route may be
considered expedient, and to that end to
remove any objection which may arise out
of the convention of the l?th of April,
1S50, commonly called the Clayton-Rulwer
treaty, to the construction of such canal
under the auspices of the government of
the United States without Impairing the
general principle of neutralization, estab
lished in Article 8 of that convention, havo
for that purpose appointed as their plen
ipotentiaries: The President of the United
States; John Hay, secretary of state of
the United States of America, and his
Majesty, Edward VII. of the United King
dom of Great liritain and Ireland and of
the British dominions beyond the seas. King
and Emperor of India; the Right Hon.
Lord Pauncefote. G. C. 11.. G. C. M. G..
his Majesty's ambassador extraordinary
and plenipotentiary 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 on the
"The high contracting parties agree that
the present treaty shall supersede the
aforementioned convention of April ly
"It Is agreed that the canal may bo con
structed under the auspices of the gov
ernment of the United States, either di
rectly at Its own cost, or by the gift or
loan of money to Individuals or corpora
tions, through subscription to or purchase
of stock or shares, and that under the pro
visions of said treat j', the said government
shall have and enjoy all the rights incident
to such construction, as well as the exclu
sive right of providing for the regulation
and management of the canal.
"The United States adopts as the basis
of the neutralization of such ship canal
the following rules, substantially as em
bodied In the convention of Constantinople,
signed the 2Sth of October, lSiSr for the
free navigation of the Suez canal, that is
"First The canal shall be free and open
to the vessels of commerce and of war
of all nations observing these rules, on
terms of entire equality, so that there
shall be no discrimination against any such
nation or its citizens or subjects in n
sject of the conditions or charges of
traffic or otherwise. Such conditions and
charges o traffic shall be Just and
"Second The canal shall never be block
aded, nor shall any right of way be ex
ercised, nor any act of hostility be com
mitted within it. The United States, how
ever, shall be at liberty to maintain such
military police along the canal as may
be necessary to protect It against lawless
ness and disorder.
"Third Vessels of war of a belligerent
shall not revlctual nor take any stores in
the canal, except so far as may be strictly
necessary, and the transit of such vessel
through the canal shall b effected with
the lea?t possible delay in accordance wittj
the regulations in force and with only
such lnctrmission as may result from the
necessities of the service. Prizes shall
be in al! respects subject to the Fame regu
lations as vessels of war.
"Fourth No belligerent shall embark
or disembark troops, munitions of war or
warlike materials in the canal, except in
case of accidental hindrance of the transit,
and In such case the transit snail bo re
sumed with all possible dispatch.
"Fifth The provisions of this article
shall apply to the waters adjacent to the
canal, within three marine miles of either
end. Vessels of war of a belligerent shall
not remain in such waters longer than
twenty-four hours at any one time, ex
cept in eae of distress, and in such case
shall depart a soon as possible, but a
vessel of v.ar cf one belligerent shall not
depart within twenty-four hours from the
departure of a vessel of war of the other
"Sixth The plant, establishments, build
ings and all works necessary to the con
struction, maintenance and operation of
the canal shall be deemed to be parts
thereof for the purposes of this treaty
and in time of war. as in time of peace,
shall enjoy complete immunity from attack
or Injury by belligerents, and from acts
calculated to Impair their usefulness as
part of the canal.
"It Is agreed that no change of terri
torial sovereignty or of International rela
tions of the country or countries traversed
by the before mentioned canal shall affect
the general prin;:;lc of neutralization or
the obligation of the high contracting par
ties undtr the present treaty.
"The present treaty fhall b ratified by
the President of the United States and
with the advice and consent of the Sen
ate thereof, and by his Hritannie Majesty,
and the ratifications shall be exchanged at
Washington or at Iondon at the earliest
possible time within six months from the
"In faith whereof the respective pleni
potentiaries have signed this treaty and
hereunto affixed their seal-.
"Done in duplicate at Washington, the
lMh day of November, in the year of Our
Lord one thousand nine hundred and one.
"JOHN" II A V.
Following is the lettrr of President
Roosevelt transmitting the treaty to the
"To ihc Senate I transmit for the advice
and consent of the Senate to Its ratlflca.
lion, a convention signed Nov. lt, p..i t y
.the respective plenipotentiaries of th
i I'nited States and tlrcat Hiitatn to facili
tate the construction or a ship canal to
connect the Atlantic ami Pacific oceans by
whatever route may he. considered expedi
ent, and, to tljat end. to n move any ob
jection which may arise out of the con
vention of April comniordy called
the Cliyton-Rulwe r tre aty, to the construc
tion of such canal under the auspices of
the government of the United States with
out Impairing the general principle of neu
tralisation established In Article S cf Itxt