The sun. [volume], March 07, 1898, Page 2, Image 2

About The sun. [volume] (New York [N.Y.]) 1833-1916

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1 ' I THE SUN, MONDAY. MARCH 7, 180$. l ' ;' ' ' ' j
I ELLSWORTH BILL A CRIME.
HAYID It. IIII.T. TEARS IBS MON
BTHOSTTT TO TATTERS.
A It iMki to KftnMl.il a ranta.tle Censorship
of ma Pesos with "oanl.h rnlitMiti-
E Muklic Private Clrndsee aa Pablle In.
J toreat Caeon.tllntlonal Da.nr.ii,
Amianv, N. V.. March B, 1808.
Mt. John IT. rarrtll. Chairman v tht bptetal Com
rnlttm of the .Vi l'or frrii Aiioclaffon.
Mt DKAn Bin: I am In receipt of jour es
teemed favor of (lit 3d Inst., requesting, In be
, half of the special ;commlttce of the New York
i. Press Association, that I give my views In re-
Bard to tho Ellsworth newspaper bill now pend
ing in the Legislature. Last week, After a
bast? Blanco at tho measure, I briefly ex
I pressed my opposition, to which action you so
i kindly refer. Agreeably to jour request, I have
!i now carefully considered the bill and cheer-
$ fully present my vlowa from legal and other
standpoints of tho provisions of this most ex
traordinary measure, with liberty to your
comtnttteo to mnko such use of my conclusions
as you may desire. You nerd not cxpross your
obligations. If J am able to'be of the slightest
( terries to your cause I shall regard myself as
f amply rewarded.
I Permit me to observe nt the outset that it Is
bo wonder that the newspaper press of the
State la substantially unanimous against tho
Ellsworth bill. The more it Is examined the
more dangerous, absurd, and unprecedented Its
', crude and startling provisions appear to be.
J BXIBTINO LAW IS AMPLE.
! The first pertinent and sufficient objection to
the measure is that It is wholly unnecessary.
- The existing statutes nro ample for tho proteo-
tlon of every public and private right affected
or Injured by improper newspaper publications
v of erery.klnd and character, and no further leg-
i Illation Is really required.
The promoters of this bill cannot be awaro
,. of tho broad and comprohenslvo provisions of
; section 242 and accompanying sections of tho
i Penal Code, whereby every Individual Is al
ready protected from newspaper libellous at
' tacks and afforded a public remedy through
theprosecutlonandpuntshment of tho offending
parties. In addition to a private remedy by ac
' tlon at law, Tho present statute, which has
L existed for many years and proved reasonably
f, satisfactory to nearly everybody, defines a
libel aa follows: "A malicious publication, by
writing, printing, picture, efllgy, Blgn, or other-
wise than by mcro speech, which oxposos any
F living person, or tho memory of any person de-
" ceased, to hatred, contempt, ridicule, or oblo-
, quy, or which causes or tends to causo any
person to be shunned or avoided, or which has
a tendency to Injure any person, corporation,
i or association of persons. In his or their busl-
i ness, or occupation. Is a libel," find Is punish-
j able as a misdemeanor.
This statute Includes pictures, an d.'.therefore,
V covers offcnslvo caricatures of every form and
t nature whereby nnybody Is ridiculed or other-
t, wlso Injured. The theory upon which the Ells-
I worth bill of Inst year was urged was that thoro
j' was no adoquato statuto to reach obnoxious
i caricature", and yet this provision of the Penal
Codo wuEithcn Inforconnd is still a law, suffi
cient for every sincere purposo of legitimate
tirorcutlon.
il reiterate that tho existing law is amplo for
tho'rrotcctlon of any Individual and affords him
a perfect remedy for any wrong which ho may
suffer nt tho hands of the prosn In case ho will
only avail himself of Its provisions. If he re
fuses to prosecute, no one Is nt fault except
biuisolf. Tho law cannot with propriety bo
naked to help thoso who will not help them
selves. pouTiriASB siioui.deb it ot "tiie rnnuc."
Hut it Is sntd that the Ellsworth bill Is do
lt signed to cover instances where no particular
- Indlvldnnl has been Injured by an alleged Im-
i proper publication, hut where the public at
& largo Is Buppocd to bo hurt.
Tho bill Ih thus urged for the benefit of no
" ono In particular, hut for everybody ln,gencrnl.
A. It is "firing In tho air." It Is seeking n remedy
W for luiuglnnry grlctnnces. It Is introducing
i new features of n paternal character over whole
communities. Tim public Is thus to be pro
tected from Itselr, by h legally ordained gmr
d!anhlp over "the minds or morals" of tho peo
ple. Why not better establish nn official cen
sorship at oncol It Is strange, extraordinary
and unprecedented legislation, for which there
Is no honest public sentiment at Its back. The
general Impression eceins to prevail that no ono
is demanding It except a limited clnss of noli
tlclans, who, smarting under the cxposures'.of
their misdeeds, have not the courage to prose
cute on their own Individual account, but seek
to unload tholr alleged grievances on the pub
llo at large; and oven they hnvo not dared to
openly avow their responsibility for tho meas
ure, although they clumsily conceal their
eagerness for its passage.
FANTASTIC) CENSORSHIP OF MORAIA.
The first section of tho bill declares thU "A
person who, either as principal or agent, con
ducts or engagos"Jn the business of editing, pub
llsblng.prlntlng, selling, distributing, or clrcu
atlng any licentious, indecent, corrupt, or de
praved paper, or a paper which corrupts, de
praves, degrados, or Injures, or has a tendency
to corrupt, deprave, degrade, or injure the
minds or morals of the publlo Is
Bullty of a misdemeanor." I object to this
language of a penal statute because It is loose,
crude, and uncertain. Instead of employing
Jr legal phraseology, tho meaning of which has
f been established , by a half-century of Judicial
decisions, It ventures out Into the realm of
, doubt by recklessly or Ignorantly using words
. and phraseswhlch' havo never bean authori
al UUvely Interpreted, raising troublesome and
Vexations qnestlons which the dictates of pru-
I dence require to belavolded.
Wbo can say with accuracy what has "a
tendency to degrade or Injure the minds or
morals of the publlcl"
. A hundred men are liable to have a hundred
F different opinions on such matters. It opens
g a vast field ,of;controversy. The'language is
H too vague, too broad, too unsatisfactory, too in-
definite. There are many good people through-
, out the State who regard stock gambling, nth-
(j letlcs. glovo contests, betting on elections, horse
raolng, poker playing, circus performances,
jJ masque balls, and Sunday baseball games as
Immoral, and in their capacity ns Jurymen
i; would conscientiously so determine in cose
5r they were called upon to decide the foteXof a
newspaper which advocated or approved such
J occupations and amusements, or even published
V the results thoreof. Is there not some danger
4 that the supporters of this unusual bill will find
$ that its provisions may return tn plague them-
5 elve or tielr friends In the future! Every
'ii thing that a person regnrrts as offensive or
Improper is likely to be regarded by that same
'I penon ns "tending" to Injure "tho minds or
1 morals of the public."
5 What standard of morality is this bill intend-
ed to establish! To what extent Is it expected
, to reach in the vast domain of alleged moral
5; aueetlons! It opens up a wide Held and reck-
V lessly drifts out Into an unknown soa.
Kxtremo temperaneo people regard the salo
of liquor on any day as immoral, and especially
,j believe that Its sale on Sunday would be lnde-
cent nnd injurious to the public moral.; and of
1 course they would regard thoso engaged In
f? auch business as"depruved" and "degraded,"
If- and would hold tho actions of a newspaper ad-
J vacating such privileges as "tending" to Injure
I tho good of tho community and hence detrl-
f, mental to Its morality,
S NARIIOW POKhllRADS TO TnB PKONT,
It should bo borne in mind that the prosecu-
j tlons authorboil by this bill are r.ot required to
be instituted in the cities or towns where the
Jl- newspapers are actually published, but ore per
il mlttod to bo brought in any rural county of tho
J? State wherever tho newspaper may happen to
I circulate, (bee section A,)
j What temptations and opportunities are thus
U afforded fpr annoying the press; for subjecting
M it to the prejudices and caprices of every little
aU.' community! for encountering the bigotry, nar-
k rownesj and llUberallty which nnfortunateli-
flourish In some remote sections. A bill capa
ble of such mischiefs ought not to bo enacted,
even if It Is capable of producing some good.
A disclaimer was modo In the Senate the other
day that the bill was designed to reach car
toons, it being alleged that such was tho object
of the Ellsworth bill of lat year which had
now been abandonod, nnd yet In the same do
bate tho principal arguments In favor of the
profent measure, if they can be dignified by
that term, were predicated upon cartoon Illus
trations and the alleged Injustlco inflicted upon
particular Individuals thereby. Notwith
standing tho disclaimer, which could not havo
been made in good faith, I asicrt that this bill
was Intended to reach and does reach cirtoons,
almost to tho same oxtent as last year's bill. It
Is true It does not specifically mention "pic
tures" any more than It specially describes any
other particular article or thing, but tho first
section Is brood and comprehensive nnd pro
hibits everything, pictures or otherwise, that
apjiears In a nowspnper, capablo of being con
strued, by the most strict construction, as Inde
cent or injurious to tho minds or morals of tho
public.
It Is dinicult to seo why the restrictive and
prohibitory features of this measure may not
bo invoked agalntt pictures of a prize fight, a
football game, a swimming contest, a ballot
dance, and also against pictures of paint
ings, statuary, and other works of art, theatri
cal scones, and all other illustrations of tho
product of brush, pencil, chisel, and brain
which are to be found overywbere in our mod
ern magnsines and newspapers, whenever some
narrow-minded persons, happening to be chosen
as Jurymen, may cboosn to regard suoh things
as of questionable propriety.
vai.be rnnTENCES ToucniNO tiie nn.T.'s run
rose The bill Is far-reaching In Its effect, danger
ous In ltr tendencies, and unparalleled in its
audacity. Much stross seems to havo been laid
on tho fact that it purports to proteot tho pub
llo from "licentious and Indecent" nowspapors,
and It has beon gravely argued that Its objeot
Is to suppress obscene and disgusting literature,
which, whllo It cannot bo said to injure nny
particular Individual for which a suit can bo
maintained or a prosecution be Instituted by
blm, yet It Inflicts a publlo wrong for which a
publlo prosecution Is proposed to be authorized
by tills bill. But this excuse will not answer.
It Is bogging the question and giving away tho
whole case. Tho promoters of this scheme
know,' or ought to know, that there Is already
upon the statute books an elaborate amnio,
severe, and adequate law, covering tho holo
subject of obscone, licentious, and Indecent
literature, which Is to bo found in section 317
of tho Pennl Code. That section Is as follows:
"A person who soils, lends, gives away, or
offors to sell, lend, or gtvo away, or show, or has
In his possession with Intent to sell, lend or
give away, or to show, or advertises in any
manner, or who otherwlso offers for loan, gift,
sale, or distribution, any obscene, lewd, lascivi
ous, filthy. Indecent, or disgusting book, maga
zine, pamphlet, newspaper, story inper, writing
paper, picture, drawing, photograph, figure, or
Imago, or any written or printed matter of nn
lndccont character, or any artlclo or Instru
ment of lndecont or immoral use, or pur
porting to be for lndoccnt or Immoral use or pur
pose, or who designs, copies, draws, photo
graphs, prints, utters, publishes, or in any
manner manufactures, or prepares any snth
book, picture, drawing, magazine, pamphlet,
newspaper, story book, writing, paper, figure.
Imago, matter, article, or thine, or who writes,
prints, publishes, or utters, or causos to bo
written, printed, published, or uttered, any
advertisement or notice of nny kind giving In
formation, directly or Indirectly, stating or
purporting so to do, where, how, of whom, or
by what means nny, or what purports to le any,
obscene, lewd, lascivious, filthy, disgusting,
or indecent book, picture, writing, paper, figure
imago, matter, article, or thing named In this
section can bo purchased, obtained, or had, or
who prints, utters, publishes, sells, lends, gives
away, or shows, or has in his possession with
intent to sell, lend, fflvo away, or show, or
otherwlso offer for sale, loan, gift, or distribu
tion, any book, pamphlet, magazine, news
paper, or other printed piper devoted to the
publication, nnd principally made up of crimi
nal nows, polku reports, or accounts of crimi
nal deeds, or pictures or stories of deeds of
bloodshed, lust or crime," Is guilty of a misde
meanor. There Is no necessity for any further provis
ion on the subject of "licentious. Indecent, cor
rupt, or depr.-uod" new spanern, vthich are only
other names for obsccno, disgusting, and filthy
nowspapers because that ground or field of
legislation has been already covered. It Is
nn exhibition of weakness as well as of In
sincerity to i.. empt to bolster up and Justify
tho present bill by the false allegation that It Is
only desired for tho worthy purposo of reach
ing "licentious" newspapers. Tho mischief of
this bill largely lies In that portion of section 1
which attempts to reach other newspapers, upon
tho broad nnd plauslblo ground tint thoy may
be "doing somothlng which can possibly be con
strued. In the opinion of some fastidious people,
to have a "tendency" to injure the minds or
morals of tho publlo. There was no senso or
propriety In adding the provision relating to
newspapers having "a tendency to corrupt, de
prave, degrade, or Injure the minds or morals
of tho public," If such newspapers wore nl
ready Included In tho prior general description
of certain kinds of newspapers.
It Is therefore perfectly olear that upon
whatever grounds, If nny, this bill can be do
fended, a desire to suppress newspapers which
nro obscene, licentious, or depraved cannot
honestly be urged In Its behalf.
rUNISIIMENT BY .IMPRISONMENT A7TD CONFIS
CATION. But aside from theso vital, fundamental, and
general objections to the wholo measure, there
aro speclflo objections and defects In almost
every detail.
In the first placo It Is unnecessarily and un
reasonably drastic. Newspapers, like all other
Institutions, are liable to err, are subject to
mistakes, and may easily bo imposed upon, Vi ith
out any.spoclal fault on their P'irt, but this
proposed measure Ignores tho whole question of
malice, which has always herctoforo constituted
an essential Ingredient in the crlmo of libel; It
olo Ignores the question of knowledge nnd
makes the owners, agonts, and editors of a
newspaper Uablo to bo punished as criminals,
even though an offensivo article or picture miy
have, crept Into its columns through Inadvert
ence or mistake. The statute Is Imperative.
There are no exceptions or qualifications in Its
condemnatory provisions. Ilcsldes, owners and
employees aro treated alike and all aro equally
made liable to prosecution. A person who mere
ly edits a newspaper In part Is Just as liable to
Imprisonment, although his own contributions
aro tierfectly proper, if any other portion of tho
paper for which ho Is not responsible and over
which he In fact may have no control isobjeo
tlonable to the statute.
Surely no such tremendous emergency has
arisen which requires tho commonest prin
ciples of Justico and fair play to bo violated in
legislating ngalnBt newspaper men. Hut this
proposed statuto goes further, and after provid
ing for a possible imprisonment otflvo years,
thin declares that upon a second conviction
the defendants shall he prohibited from pub
lishing such paper or any piper of the same
name, eten though such paper shall thereafter
contain nothing offensivo. This is virtually a
destruction of the newspaper property a pi no
tlcal contlscatlon of It, Why not mako the
punishment Imprisonment for llfo and done
with ltl
Hut not contrnt with such imprisonment and
confiscation, the devilish malignity of the au
thors; of this measure Is exhibited In a further
provision, which provides that the continua
tion of tho publication of such newspnpor, evon
though nothing objectionable Is thereafter con
tained In It, may also bo punl.hed as for a con
tempt of court, which means, of course, a pro
cedure on ex parte affidavits, with no oppor
tunity of being confronted with the adverse
witnesses or opportunity afforded for their
cross-examination, and also deprived of a trial
by Jury. And this provision Is expected to re
ceive the rapport of some Democrr.ts who were
vociferous and ostentatious In their rapport of
that very excellent provision of theOhloago
platform which explicitly Indorsed a Federal
measure protecting citizens fromjust such pro
cedures. FIvo years' Imprisonment, confiscation of
property and contempt of courtl Theso aro tho
mild and cosy means of torture, annoyanco,
humiliation nnd destruction, by and through
which tho freedom of the press Is to be at
tacked, and newspaper men are to be taught
that they must not hereafter offond those who
control Legislatures.
KRW CntMK INVENTED.
This extraordinary bill further provides that
every newspaper In tho State must contain a
printed statement, setting forth the nnmes of
overy owner, proprietor, publisher, and editor
of such paper, and declares that "any porson
who edits, publishes, prints, sells, distributes,
or circulates nny paper which falls to contain
such statement" Is guilty of a misdemeanor
and may be punished by a flno of not more
than one thousand dollars, or by linprlsonmont of
not more than ono year, or by both such flno
nnd imprisonment. If tho paper Is owned by
n. corporation It Is required that such statemont
shall Bet forth tho names of tho "President,
Vlco-Prcsldont, Secretary, Treasurer, innnagor,
and other officers of such corporation, nnd tho
editors of tho paper so owned or published."
This rcqulros tho nnmos of all tho officers nnd
nil tho editors to be statod. It must be accur
nto there must bo no omission. This, then, Is
tho anomalous situation: If Iho paper, through
Inadvertence, mistake, or otherwise, omits tho
nnmo of a single director, owner, or editor, each
owner or editor nnd each newsdealer or news
boy who soils tho paper Is Uablo to bo pun
ished. The offenco does not depend upon the
good faith or bnd faith of tho defendant, or his
lack of knowledge of who tho officers, directors,
or editors of tho paper may bo. He may have
no opportunities or facilities for knowing, never
theless this law proposes to hold him responsi
ble and to mnko him a criminal. What an
unnecessary and grlorous burden is thus im
posed upon nowspnper mont How frequently
editors of newspaper! know nothing of the real
ownership or directorship of the papors on
which they aro employed, and yet this bill
compels thorn to giiaranteo the accuracy of tho
"statement" furnished by othors, at the peril
of their own criminal prosecution. Why
should a newsdealer be held criminally respon
sible for the correctness of the publication of
tho list of officers and editors of the various
newspapers which ho sells! What control,
morally or legally, can be possibly have over
such matters! Was ever such foolish as well as
reckless legislation heretofore attempted to be
foisted upon the people of the State! How easy
to Institute a practical boycott of a newspaper
and prevent Its salo by some one raising a
"huo nnd cry" that Its required published
"statement" ns to ofllccrs or editors Is not en
tirely full or accurate
Hut that Is not tho worst of It. Tho latter
part of the second section assumes to mako
Buch statement "presumptive evldenco" of a
defendant's connection with the papor. No
further evldenco is required of his responslbill
ty for tho publication. He is presumed to be
guilty because some ono has used his name, and
tho burden Is thereby cast upon the defendant
to show that such no was unauthorised. Tho
prosecution need not even show that such use
wns with tho defendant's knowledge. This Is a
reversal of tho ordinary rules of evidence per
taining to criminal prosecutions, and In my
opinion this rrovislon is unconstitutional be
cause It violates tho constitutional provision
that "no person Bhnll be deprivod of life, lib
erty, or property without due process of law."
(Wynehomer vs. People, 3 Kern., 440.) Tho
caso of I'eoplo vs. Cannon, 13') N. Y. It., 3'J,
docs not conflict with the principle for which I
contend. The, fact upon which the presump
tion of guilt is to rest has no fair relation to or
natural connection with the main fact. In other
words, tho mero fact that a newspaper adver
tises that I am one of Its owners or editors
does not of Itself alono.have any natural con
nection with tho truth of tho fact of such owner
ship or editorship. It is mere hearsay. It-Is
tho uncorroborated ex parte declaration of
others. Tho Inference of the connection Is
"purely arbitrary, unreasonable, unnatural,
and extraordinary," nnd hence a conviction
based thereon Is without "due process of, law."
DEFIANCE OF THE CONSTITUTION.
Besides, the proposed law permits no de
fence to tho indlcMncnt basod upon the truth
of the offensivo publications. What, then,
becomes of b tlon 8 of Article I. of tho Consti
tution, which opressly declares thnt "no law
shall bo passed to restrain or abridge tho lib
erty of spoich or of tho press," and that "In nil
criminal prosecutions for libel tho truth may bo
given in oldonce to the Jury," as a defence.
Although tho offenco for which punishment Is
provided In this low Is not characterized as a
libel, but Is simply styled a "misdemeanor,"
without any other naTe, yet'It must bo re
garded as a libel within tho truo meaning of the
constitutional provisions above montloncd. An
attack upon a corrupt or dishonest official or
dissolute mnn Is If falso a libel, and Its na
ture may bo such as to bo open to tho cbargo of
liAVlngJaV'tondcncy to injure the minds of tho
public," nnd nn indictment might bo found for
tho latter offence, yot under tho omltslons of
this bill a defence of tho truth of ffuch attack
would be Ineffectual. Surely, It would Becm
as though the guarantees of the Constitution
were intended to afford protection in all such
cases, whoro tho offenco consists of writing,
printing, or publishing something, nltbough
tho action may bo sir led otherwlso than as a
libel. A mero change of name cannot affect the
nature or essential qualities of a "constitution
al" crime. If I may uso that expression.
Not many years ago the pointing of Darwin's
trontlso on tho "Origin of tho Spoclcs" would
havo been regarded In somo quarters as an Im
moral publication. The difficulty Is that this
bill ubsurdly 'declares that everything appear
ing In a newspaper Is punlshablo which has u
tendency to Injure the minds or morals of the
public, but fixes no method of determining
what the moral standard Is, but such vexed
question is left to the caprice, tho prejudice and
the discretion of a Jury,
It Is said that "the moral law is that which
conforms to dlvino law as found in the Scrip
tures." Hence it would follow that anything
In violation or supposed violation of thoso
Scriptures is Immoral. Would not, then, the
publication of ono of llobcrt Q. Ingersoll's loc
turcs, wherein he rldlculos and rejects the
Scriptures, be rcgnrded In somo very respect
able quarters as Injurious to tho minds of tho
people! Where Is the lino to bo drawn under
tho peculiar terms of this bill!
Wouldjthe publication of extracts from the
recent novel of Bellamy, entitled "An Ex;eri
ment In Mnrrlago," wherein voluntary divorces
and numberless marriages are advocated, bo
deemod Injurious to tho morals of the people!
MANIFEST UNFAIIINESI AND M0NSTR0C8 IN
JUSTICE. Yet under this proposed law newspaper men
are to bo treated ns felons and tnelr possessions
virtually confiscated, If they err in the decision
of these delicate and Intricate questions, re
quiring the greatest Intelllpenco nnd Loenest
perceptions. Tho authors of this measure seek
to create a now offence, to wit, the crime of
publishing genorally an objoctlonsble or offen
sive newspaper, When prosecuted for a libel
on an Individual tho truth may always be in
terposed us a defence, as guaranteed by the Con
stitution and section 2U of the Penal Code, but
where prosecuted generally for a libel or publi
cation supposed to 'jo Injurious to the com
munity at largo, the truth is to be excluded, not
withstanding the constitutional guarantees.
It Is further expressly provided that In theso
prosecutions there need bo no proof that any
particular person or persons havo been Injured.
(Section 3.) Such Is the manifest unfairness
and monstrou. Injustlco of the proposed bill,
I-0DIJO J-UQSKCUTIONS ON PRIVATE QltUDOES.
Section 4 contains a provision which Is un
precedented In this btato. It proi Ides that the
District Attorney of any county In width a
prosecution Is had shall appoint the counsel
designated by tho complainant to assist him In
such prosecution or trial. The statute Is Im
perative it admits of no discretion. Whether
or not the District Attorney desires or need as-
lstance, he Is bound to permit the complain
ant's counsel to bo associated with him. Such
a procedure Is virtually turning a publlo into a
private prosecution, and Is objectionable in every
respect. A District Attorney is n sworn offi
cial, eloclod by the pooplo nnd roiponsthlo to
tbem; he acts In a publlo capacity, presumably
without malice, foar, or favor, but the prlvato
counsol of a complainant represents no ono but
the complainant hlmsolf his selfish and per
sonal Interests. Tbe law of our State does not
nuthorlzo such an unseemly proceeding In re
gnrd to nny other prosecution. A wife whose
husband has beon murdered, a brothor whose
sister has been assaulted, a father whose child
has boon abducted, a citizen whoso residence
has beon robbod, or a bank whoso vault has
bocn burglarized cannot compol tho District
Attornoy to accept tho services of a private
counsel, much as they might desire hlra to
have tho benoflt of such asslstanco; and yet,
undor this novel bill, when a newspaper Is to bo
raided or destroyed under tho form of a crim
inal accusation, the personal complainant Is
permitted to foist his private counsol Into tho
publlo prosoeutlon, thoreby practically chang
ing Its nature from nn official to a prlvato pros
ecution. This uttorly lndofenstblo provision re
veals theinconststency of the defenders of this
measure and reverses the wholo theory upon
which it has been publicly urgod, to wit, that it
was not deslgnod for tho protection of nny Indi
vidual, whoso porsonal grievances can bo reme
died undor oxlstlng laws and whoso rights aro
already concededly amply protected, but that It
a-as Intended to tlileld tho publlo generally from
offensivo newspapers, without proof thnt any
particular Individual has aufforcd any Injury,
tho prosecution being professedly desired for the
highest and best publlo interests, yot here Is a
provision which undermines and destroys this
lino theory, recognizing the prlvato character
and personal objects of tho wholo proceeding,
admitting tho necessity or propriety of prlvato
Interference, and which virtually transforms n
public prosecution Into a prlvato persecution,
simply uslngjfor that purposo the machinery of
the criminal law. A legislature which sanc
tions Buch an outrago and establishes such a
pernicious prccedont may ho nblo to escape pub
llcobloquy, but I do not believe It,
PROSECUTION OF ONE TArKR IN SIXTT COUW
TIKS AT ONCE.
The extraordinary character of this bill Is
further Illustrated when section 0 Is oxamlned.
It permits an Indictment to bo found In any
county of tho State wherein a Binglo newspaper
may happen to circulate, and forbids a cbnngo
of cnue excopt upon tho singlo ground thnt a
fair and Impartial trial cannot bo had In tho
county. No chango can bo made for tho con
venience of witnesses, nor becauso tho transac
tion out of which tho objectionable publications
or pictures aroso or aro founded occurred in nn
other county, but tho now-Bpaper is to be sub
jected to every possible annoyanco nnd do
prlvcd of overy Just and reasonable privilege.
bndcr ordinary criminal prosecutions for
libels, upon individuals tho law for many years
has permitted, under certain rcasonablo condi
tions, tho placo of trial to bo changed to tho
county where tho nowspaper Is published (Penal
Codo, section -111), but such privileges are bru
tally denied under tho harsh mid vigorous pro
visions of this unprecedented law. Tho prlvato
complainant, wbo personally has suffered no
Injury nhatovcr at Uw hands of tliB newspaper,
is permitted to dlctato In what county of tho
State the indictment shall bo tried, and tho de
fendant is powerless to secure a chnnge. The
commonest felon of tho Stato could hardly bo
treated with loss courtosy and consideration In
tho administration of tho criminal law.
SUCH A LAW ITSELF A CRIME.
I pass over tho provision which rcqulros tho
Attorncy-Qencral to bring an action to forfeit
tho charter of a newspaper corporation, and to
Injure by tho summary remedy of an Injunction
tho circulation of tho paper, not after thoro
have been Ilnal convictions duly nfllrmcd .by
tho court of laxt'resort, butliniincdiutcly after
convictions in the original court and before tho
expiration of tho time for rovlow. Neither do I
stop to consider thoso provisions which as
sume that everybody Is bound to know when
there havo been two convictions of members
of a newspaper staff, and which permit prose
cutions against lnuuccnt people who thereafter
"sell, distribute, or clrculato" such newspaper,
becauso these and several other obnoxious pro
visions aro all part and parcel of the general
cussednoss of the whole moasuro, and require
no special comment.
It Is possible thnt the very enormity, severi
ty, and recklessness of tho bill mny prevent
nny conviction thcruindor, which is often
times the oaso with such unpopular and oppres
sive statutes. But nevertheless. In the hands
of an unscrupulous District Attorney, with or
without tbocompuliory assistance of irresponsi
ble prlvato counsel, backed by a combination
of powerful political lnlluencos bent upon tho
destruction, of their critics, a prosecution
under this bill can bo mado a dangerous instru
ment of oppression, annoyance, corruption,
and Injustice It is said thnt notwithstanding
its outrageous features and fatal defects, Iho
bill Is sure to pnss the Legislature nnd becomo
a law, by reason of the potent Influences sus
pected to be behind It and I assumo this may
bo true. So much tho worse, then, for tho Em
pire Stato.
Its enactment will be a mistake a blunder
and a crime. Very respectfully,
Ami any, March 5. David B. Hill.
A. JfEtr CATTT.B DISEASE.
It la Affecting- Jvebraaha Urrd. and Is Wet Yet
L'nd.r.toou.
Grand Island, Neb., March 0. A now dlsesso
has broken out among the cattle of IIn.ll and nd
Jacent counties. Stockmen of this section are
much alarmed, and the cnttlo mon of other
counties are apprchenslvo becauso the disease
Is spreading rapidly,
A dozen herds in as many parts of this county
are infected now. Tho Fodernl Qovernmcnthns
recognized the seriousness of tho disease by
sending a tolerlnary surgeon to Nebraska.
Tho matter was referred to tho State official,
a month ago. At the time tho dlseuso had
caused the loss of a number of cuttle, but tho
farmers and stockmen wero not alarmed except
that they did not understand tho plaguo.
A Jersey Cltr Poolroom Raided.
The notso of pool balls clicking against each
other and the sound of voicos coming from Ed
ward Dobbs's poolroom at S Tuors avenue,
Jorsoy City, attracted tho attention of Bounds
man Craig about 3:30 P. M. yesterday, anil on
entorlng tho placo ho found several pool gomes
lp full blast. With assistance summoned from
tho Montgomery street police station tho
roundsman raided the placo. The proprietor
and ten jouuginen nnd hoj s who wore playing
pool were arrested. Dobbs was locked up on h
ilmrgo of kcopiug n disorderly bouse, nn. I tno
others woro charged with being disorderly par
sons. Tho place lias no license to sell liquor or
beer, but tho patrons wero supplied with beer
brought In agrowler from an adjoining saloon,
Tho prisoners wero all balled out before night.
A Colored Congrrsallon Homeless.
Owing to tho decision of the trustees of the
Holy Trinity Church cstato and the trustees of
Holy Trinity Church to soil tho church property
on Canton street, Brooklyn, owned by the
estate and now occupied by tho St. Augus
tine Colored Protestant Episcopal Church,
tho lattor will have to vacate the prop
erty. This leaves them without a house of
worship, since lack of funds compelled tho
ltov. U. V. Miller to reject tho offer to nell tho
property modo by Ihe Holy Trinity trustees.
It Is thought that the trustees of tho Church of
tho Messiah, on Urren and Clinton avenues,
may offer thu use of Armory Hall to the St. Au
guttlno congregation.
Homer Willie MlMUr.
The Brooklyn police have sent out a general
rlarro for Homer WIIIbo, 70 ears old, who has
been missing from the homo of his daughter,
Mrs. Wlclpley. at 127S Fourth nvonue, since
Itb. 'J(l. Ho Is 0 feet 8 Inebes tall, with gray
hair and beard. He store black trousers, a
blue undercoat, u black overcoat, and a cloth
cap. He left home to take n short walk, und his
daughter has not been able to learn anything
about him slnco.
A TrlaDtpk f American Cenlus
Too Pennsylvania Llmll.d. with its nsw .nuipment.
la by far too nandsomsil patHncer train In lUtenoc.
JaSttC,a numZ2fi.on1 tot Cblet "'"
'- - '
ROME AND THE SALOON.
xrrjr xtucmzsn or Tint onunca
AtlljT EXFOVKIHSD.
rattier Stierdr (.eetiirra nt St. Patrick's Cathe
dral Under IB Ampler or Ihe Catholic
University of Wn.hlncton Sunday tenln
Uaeeulr.callr Condemned by the Church.
The first of the lectures of the Father
Matliew Chair of tho Cathollo University at
WashlngtoiCto bo glvcnoutsldo of that city
was delivered at 8t. Patrick's Cathedral last
night by Father Morgan M. Sheody of St. John's
Church, Altoona, Pa. This year an extension
of tho work was planned and New York wns
chosen, s It commands a wldor field, Tho
subject last night was "The Cathollo Church
und the Liquor Traffic," nnd there was a groat
turning out of tho Catholic temperance socie
ties to hoar Father Shoedy,
Ho said that tho Cathollo Church, contrary
o what many suppose, had put Its scnl of dis
approval on tho liquor traffic. Tho second nnd
third Plenary Councils of Baltimore, which had
been called to consider tho question, called upon
Catholic pastors.to frequently warn their flocks
to Bhun drink houses and to repel from tho
sacraments liquor dealers who encouragod the
abuses of drink, especially on Sundays. It also
cnllcd upon Catholics engaged In tho Bale of
liquors to consldor tho great dangers with
which their buslnoss was surrounded and If
possible to choose some other way of making a
living.
"Lot Catholics," Father Shccdy said, "keep
their saloons closed on tho Lord's Day, for If
through their action religion Is dishonored, let
them remember that a tcrrlblo retribution will
bo demanded of them by tho Avenger of
Heaven. There can bo no mistaking the!mlud
of tho Church In this Hint tcr. 1'ho Holy Father
approxed tho action of tho Baltimore councils
und his representative, Cardinal Satolli, In his
decision a few years ago In the appeal taken to
him by ioiuo Ohio Catholics against a law of
tho dlcccfo of Columbus excluding from mem
bership in Cathollo societies persons engaged
In tho liquor traffic, confirmed tho position taken
by tho Bishops.
"'What has been done,' ho wroto, 'has tho
approval not only of Catholics, but also o' non
Catholics, being in harmony with tho laws of
the Church and necessary to Its honor 1'
"Against tho Sunday opening of saloons you
should stand firm. Thoso wno want It nro
moved by a mcro selfish desire to Increase their
sales of liquor by adding to their present license
on bIx das one for the sacred day, utterly re
gardless of Its effect uiwn the welfare of the
consumers, their families, nnd thu community.
"Do wo want the Continental Sunday instead
of tho Lord's day as It is genorally obscrcdln
America; a .Sunday not for worship, but purely
for amusement and dissipation, sure to bring
in Its train nutlonul Infidelity and national
ilccidonco! Let us not, under any spcclom, pre
text of personal rlglits, homo rule, or lltwrty,
cast away tho Sunday of tho fathers under
which wo hao prospered, nnd put in Its placo
the Continental Sunduy which bus been pro
iluctlvo of so much ovll thnt the most thought
ful Europcuns nro at present trj lug to cast it
away becauso it Is demoralizing. Aro we going
to pncrltlco a sacred principle to a baso oppc-
"Do not bo alarmed by tho chimera of a Puri
tan Sunduy. 'ihoro Is no danger of jour ever
getting bnck to that. Cosmopolitan Now York
never had nnd never run have any odious bluo
laws. OIvo the workiiigiunn what ho is en
titled to, tho Lord's day, day of rest. Muke It
u dav of Joy nnd gladness. Throw open for
htm tho nr. galleries, libraries, and niutaums,
but keep tho door of tho saloon tightly shut."
Father hhecdy then pointed out the cils of
drink and its effects nt, shown in the history of
nations. "Tho administration of this proud city
of New York," no said In cloning, "hai been
Intrusted to a party largely composed of Catho
lics. What will the record be Will you hi lp
to mako this city trulj greater In moral and
civic virtue, greater m art. In literature. In
patriotism, In lellglnus observance! Provo to
its people nnd tho country nt largo thnt tho
hopes of the coming century nie safely cen
tred in the conson ntivu and fit nllng influences
of tho Catholic Church. Stand firm and im
monblo against tho Sundnv saloon, against
tho abuses of Iho liquor trutllc. nnd against In
temperance, tho giant eurs.0 of tho day,"
JiJI.I.EIi AT A FIRE.
Two I.Ives Z.a.t In n Tenement Dlare Three
lVounded InTortnlly.
PiTTSnuna. March C FIro In a tonement
house on Webster nvonuo this morning caused
the death of two persons, and three more will
probably tile. Tho tenement is a three-story
building nnd wns occupied by three families.
At 0 A.M. Samuol Levino, who occupied tho
first floor with his wife and baby, was aroused
by n knock on tho floor nbove.
Tho house was full of smoke, and ho and his
wlfo rnn out with the baby. At a window on
tho second floor was Levino's grown daughter.
She throw two younger children out of tho win
dow und then Jumped herself. Sho was not
borlously Injured.
'1 he Olannodo family occupied tho second floor.
SIr. Olnnnodoand her husband left their rooms,
and the husband, thinking his wifo was follow
ing, rnn to thestreet. Mio went to the third floor
to rouse the Vcrhllnskl family and was burned
to do Uh. Max Verbllnskl, ni,cd 21, jumpod
from tho third story with his baby sister In his
arms. Tho baby died tonight nnd Verbllnskl
was hurt mortallr. Lllllo nnd I.izio Lovine,
the children who woro thrown out tho window.
It wns said at tho hospital to night, will prob
null die. Tho tiro blazed fiercely while it lnstcd,
but tho building was b ived bj tho lire-men.
CIlAItTt.ltKn ill" CAXAniA.1,
Vart or sir. Ifamtn. I.nko Fleet Transferred
tn n. .tew Company.
Cleveland. O., March 0. Tho flvo flrst-closs
lakostenmers Saxon, German, Crcclnn, Briton,
and Itoiii in V. of tho Menominee Transit Cotn
panj. which is practically M. A. Herniate Co.,
and the (Jlobo Iron Works Company, wero char
tered yesterdny for two y oars to the new Cana-dian-Atlnntlollne.
which will run thembctweon
Duliuh, Chicago and Parry Sound.
'lhulii'adii nailers of tho Canadian Company
are at Ottawa. Unt.irlo, and It lias an elevator
and torniinnl facilities at Parry Sound, where
the grain nnd packngo freight to bo bundled by
tho vessels will bo transferred. Iho dinner
prlco is supposed to be 450.000 for each vessel
for tho term of tho lease.
Tho steamers were built In the season of 181)0.
f)lb 1 be (Jlobo Iron Works Company. 'Ihrco
of tho fleet, the Grecian, Briton, and Itomnn !'.,
are bore, and tho steamers Saxon nnd German
nro at Ashtabula. They will bo delivered to the
Canadian-Atlantic Comntny on May 1. 'Ibo
steamers can curry about -HiO.OOO tons of ore in
a season, nnd the chartering of the vessels
means that M. A. Hanna teCo. will want that
much more wild tonnage
miAT.EIlS KEEIt JIIEX HADT.T.
Tho Llltl Rubtrrruao by Uhlrh They Are Try
ing to OlitMln Crews.
San Francisco, March 0. The rush to the
Klondike has loft tho whaling essels here with
out any crews, and even the extra wages offered
are no inducement to men to ship. In this pre
dicament tho masters of whalers hare hit upon
a scheme w hlch mny Buccocd.
They nro instructing runners to suggest that
green hnnds will bo accepted by whalers In the
present scarcity of mon, and that nny ono bound
lor tho Klondike muy ship as a whaler and de
sert nt Kotzebue Sound. In this way the cost
of passage would be saved.
Iholltllo joker appears In tho fact that the
whnlers roallr do not touch at Kotzebue Hound,
so thnt any man wbo shins on them will have
no chance to desert. Instead of digging for
gold on the Klondike, be will be trying out
lubber off Mackenzlo Itlvcr.
BXAKES AT EAHGE Iff HAEZEV.
Ttirr TTere Let I.oo.o tir a Snake-charmer,
Whose Cbnnt Ilrluc. Tbem Hack to Hlra,
A snake-charmer allowed four snakes which
he csriiod In a basket to oscnno into adjacent
areas in Seventh nvonue, near li!5th street, yes
terday, and.w lion this bad attracted a big enough
crowd, began u weird chant to tho accompani
ment of a triangle. After the snakes had been
charmed back ho took on his hat suggesthely
and much small coin was droppud in.
Kipres. Company Wnrehou.a Uurned,
Chicago, March 0. Tho south wing of the
American Express Company's big warehouso on
Custom House placo was almost entirely de
stroiedby lire at Si o'clock this morning. The
bla7o started in the supply department, on
tho second or top flour of tho building, ana
spre id rapidly. Manager Buchanan received his
first uolicu of thu lire when tno olectria light
wires were cut by tho llremen. The loss was
about $S!9,00(. Tbo Horses in tho stables under
tho warehouse weru reseated with difficulty.
They became panlo stricken and hud to bo
forced from the building.
Killed br a Trolley Car Calllalon.
Newton, March 0. Thomas Peck was In
stantly killed at Newton Uppjr Falls to-night.
Theburgy In which ho was driving collided
with an sjeotrlo car running at high speed, Mr.
Peck was thrown against the car and his skull
tractursd.
r 5
1 '
LYONS a A
Silk and Wool Fabrics.
Popeline Olga, Glac and Plain Poplins.
Barr and Corded Silk and Wool Fabrics.
Fleur de Velours, Bengaline.
yiOE, SOOlAIiLE nnOOKLTX.
A Slasher on an Elevated Train Dlseonrages
Tno Heron Seekers,
"I had heard so much about the superiority
of Brooklyn as a home centre," said a theatrical
manager, " that I dotermined to look up a little
nost over thcro for my family. You'll pardon
me for saying that my wife Is n very attractive
little woman, and I havo long been anxious
to make a homo whore she would be freo from
the annoyances of tho genus masher that in
fests this borough. I figured It out that in
Brooklyn, where domesticity thrives and tiddlo
winks and progresslvo ouchro nra the chiot dis
sipations, my pretty wlfo would be safe from
ogling men,
" Well, wlfcy nnd I crossod tho bridge ono day
last wcok, and, after scanning a list of
avallablo houses nnd flats, we boarded n
train on one of tho Brooklyn elevated roads.
Pre-empting two crojswlso seats, wo were
roon speeding toward a suburb of tho borough.
I sat facing my wlfo and I noticed that tho
llttlo woman seemed upset about somothtng,
and at ono tlmo she appeared to be on tho vorgo
of wcoping,
'"Poorglrir I thought, 8he feels brokon up
over tho idon of being 'burled,' as sho calls It,
In quiet, peaceful Brooklyn while I'm on tho
rond with a show. Wo had travelled probably
two miles from tbo brldgo when a clean shaven,
well-groomed, dccont-looklng rbnp. a typlcai
Brooklyn clubman, I should say, arose from his
seat behind me. walkod up tho aisle, paused,
beamed upon my wlfo nnd myself, then bowod
politely nnd passed on.
'"flood hencns, Lawrence, do you know
him I" whispered my w Ifo.
"'Nctcr laid eei on the fellow,' I replied.
'That's a Brooklyn wny of making a stranger
feel at home.' Just then tho stranger re
appeared. Tho train was pulling into n sta
tion. Ho ruslicd up to us, extended his band,
removed bis hat und said blandly: You don't
lemcmbcr mo; of course not. Thought I'd
(peak to you. anyway. I'm Dlxoy, tho actor.
Pin) i'd in Adonis' so mnny years. Good-by,
and ho was gone.
"'Woll, I'm jlggerej,' I oxclilmed, as the
train pulled out, 'Do I look like a ha seed!
Here 1'vo boen in the show business twenty
jcars, and u confidence man tries to work mo
with a incket like thnt. Why. ho looks about
as much llko Dlxey ashodocsllko.MarkHanna.'
"My wife seemed overjoyed when tho train i
had actually got nwny from that station. "Do
j ou know.' she said, 'that horrid man had been
bowing nnd Binillng nnd smirking at mo
ever slnco tho train left tho bridge.
I didn't rtare to tell jou for fear
of n scene. Let's go right back to New York.
Thu mon there at loast do not try to flirt with a
woninn In the prcsenco of hor husband.'
" We shnll remain on this siao of tho brldgo,"
concluded tho showman.
DItVKKES MA If STOW OAHT.E CAR.
It Bin About to Rnn Over Him Whrn tbe
Grlpmnn Ilrmijtit It to n Standatlll.
Policeman HIggins of the Wost Sixty-eighth
street station noticed n man with an unsteady
gait turning up Columbus avenuo ntSlxty-sov-onthstrcot
last night, nnd followed blm to see
thatnohann should befall him. Tho man had
agoodlcalof troublo In dodging tho pillars of
tho elevated railroad, but succeeded In passing
several by w nlklng along tho cablo slot. A cable
car enmo along soon, but, ItiBtcnd of getting out
of Its way, the man seemed rather to throw
himself nt it, making an ineffectual grab far tho
fender ns ho jumped. The grlpmnn of tho car
applied thu brakes hard; then, leaning over tho
dnshbonrd, succeeded In catching hold of tho
drunken man nnd drew him out from beneath
the cur just ns il e.ira.' to n standstill.
Tho policeman took charge of tho man after
that, unit niaichcd him nruund to tbo station
house. Thcro he said be was a Tammany man,
full to tho no77l,-. Ho pulled outn lot of loose
change nnd piled It up carefully on the .Ser
geant's desk, und then slammed his hnt down In
tho snmo place, scattering tho money all over
tho room.
"I was born In Rockland county." he said. In
nnsw cr to one of the Sergeant's questions; " but
I mn nn Indian now. Oh. it's Bimplv grent
slmnlv groat," bo continued, meditatively.
' Wo vo got probably tho finest Mnyor in tbo
wholo w Ide, wldo world, and wo enn got a drink
nt nny old placo or at any old tlmo wo want (t,
Yos, sir I It'i simply great."
Ho was locked up. nf tcr being entered on the
blotter ns Herman B.'jor, 27, bricklayer, of 71 S!
Columbus avenuo; charge, Intoxication.
boo nirra womax r.v tiie street.
Knock. Her Down nnd Trnm nor Cheek
I.oekrd I'd Willi llo Osvnrr.
Mrs. Mary Buckley of .118 Kast Fifteenth
Btreet was severely bitten by n St. Bernard dog
yesterday aftornoon In Fourteenth street. Tho
dog, which Is owned by Itobert Schobo, a cook
of 47 Sovcnth street, wns followlnglts master on
tho north sldo of tho strict, between Fifth and
Sixth avonues, when Mrs. Buckley rime along.
Without warning tho dog leaped at her. It
struck her in tho chest and knocked her down.
Then It fnstenca its teeth in her left cheek.
The woman screamed, and Policemnn Brown
of the West Thirtieth street station ran up and
grabbed tho dog by the back of the neck. At
tho same time from across tho fltrcot two polleo
men of tho Mercer street station ran over. To-
S ether tncy bold tho nt. Bernnrd until Mrs.
urkley got onto her feet. She was bleeding
badlv and wns greatly terrified.
Policeman Brown put Schobo and the dog
undor arrest nnd took tho woman around to tho
New York Hospital, where two stitches were
put in her torn cheek. Sho was then sent to her
homo.
Schobo and the dog were haled to tho West
Thirtieth street station and locked up. While
In the policeman's hands tho dog seemed per
fectly good nntured.
THIS BAHY 1VAB STEAITOLED.
Its riody round on a Garbage Brow Polloe
Irjlng to Hud the Rtrnngler.
The polleo of tho Madison street station are
investigating the death of a newly born male
infant, which was found yosterday on .scow No.
17 of tho Strrot Cleaning Department at the
foot of Itutgcrs strcot.
Tho body was found among a lot of ashes and
rubbish by Sylvester Dcsioo of 'J01I1 ester Btreet,
who was working on tho scow. It was wrapped
inn piece of brown paper. which was loosely
folded around it. Dessoo informed Policeman
John C. Gllllgan, who took tho body to tho Mad
ison Htrcet station, whence It was removed to
thu Morguo,
Coronors' Physician O'llanlon made an au
topsy on tho body and found that the child died
of asphyxia. O'llanlon said he could not tell
how the usphyxlacauio aoout, but It might have
boen the result of strangulation. Thorn were
five abrasions on tho left side of tho neck nnd a
mall wound, which looked iib If it wero mudo
with a linger null. Dr. O'llanlon said the marks
were made before death.
Detectives are searching the neighborhood to
nnd come cluo as to w ho placed tho body on tho
scow, but up to a late hour last night they r ere
unsuccessful in their efforts.
Block Slsnnl Tower on tho Central Ilorntd,
Pnt'aiiKKKi'siK, March 0. Block signal tower
No. 07 on tho Hudson Itlver llailroad was de
ctroyed by tiro at 0 o'clock to-night. Tbe tower
man, Charles Northrup, had a narrow escape.
He was sitting at his post when i ho flames burst
through tho floor from below. Hu was driven
from the tower by the flamos before he could
save bis instruments, which wore lost, together
with somo personal property belonging to tbo
operator. The framework of tbe tower fell
across one track, blocking It for several hours.
The tower Is two miles south of this city.
A New Kid Glove, will be
placed on sale shortly, of
which due notice will be given.
P. Mtman A o.
nincKcnil) street ana Sixif) Jloenue.
nitES IN If AY AT. VESSEI.8.
The Can.oo or the Ignition or Coal In the
Ilnnkera or Our Warahlps.
Wasihngtox, .March O.An additional state
ment prepared by the Board of Nnval Officers
recently appointed to investignto tho subject of
spontaneous ignition of coal, summarizes tho
supposed causes of combustion tneloven out of
twenty fires reported on war vosscls In the past
thrco years. The Petrol's upper bunker caught
llro two years ago nt a point IS Inches from the
boiler, presumably from tho great heat, S!00 de
grees, In tho space between hollers and bunker
and to tho nbsenro of ventilation, as the ship
had been battened down for n week. The re
port says that wetromux coal had been stowid
in this bunker ropuntedly without an trouble
ns long ns thcro was houio exit for gas.
A Are In the lower bunker of tho 01) mpiu was
believed lu bo duo to proximity ofhteamlng
boiler nnd feed tank. Tho bnck bend of the
boiler was nhotit H Inches from tho bunker, but
tho feed tnnk ml joined it. Another Iho inter
nn the snmo ship was reported to bo duo to tno
proximity of tho uppT bunkers to tho stenni
pipes and boilers. A llro on tbo Cincinnati was
due to bnd bunker ventilation. Tho heat In
this Instance was bo great that It tinned the
wood around tho Bhellroom In nil jacent maga
zine, which was separated from the hunker by
a single bulkhead only.
Firo In tho Indiana s hunkers wns due to the
location of tho bins, which wero so placed that
anything short of anthracite might Ignite. A
firo on the Albatross beeamo bo intense that red
hot coal, no irly burned tho floor of tho hunkers
through. In n number of othor Instances fire
occurred, but practlc.illy nil the investigations'
showed that thu real hud ignltod tbrouuh prox
imity of thu bunkers to thu.tlrorooui or steaa
boilors or pipes.
TOOK $ EltOM 3111. EOOAItTT.
pent It In Drinks nt tbe Whllo Elephant D
fore "be Uni Arrested.
In an effort to cement a newly formed ac
quaintance with Miss Grace Mansfield, T. J.
rognrty of 144 East ISRth Btreet took her Into
tho While Klophnnt cfo in Sixth avenue lust
night and bought her und hor young woman
companion sorornl drinks. When It cumo time
to pay up Fogarty pulled outn roll of bills and
stripped thorofrom a $1 note. Before he could
replace his roll (Jrace snatched a $2 bill and
crumpled it up in her list,
" For ino nnd mo lady friend," she said with a
wlnnlus smile.
"Not even once In a whllo," retorted Fogarty.
bristling up. "O Immo that bnck."
"I'd like to seo you get It," was tbo young
woman's rusponho as sho called a waiter ana
orde-red more drinks.
Fogarty hastenou to the West Thirtieth street
Police station anu complained of the hold-up.
Sergeant Daly sont two policemen with him to
the cafd. They got there In tlmo to catch the
girl, hut tho $'.' hud been turned Into liquids.
Grace was locked up.
HVENE1 TO HEATH IX A 1IIXE.
Two Men V,o. e Tbrlr t,lvro In the Wire That
Uratrojed tbe Sen Domlugo Mine.
CnmtTAnUA, Mexico, March 0, Word has been
received hero that thu San Domingo mine In the
Santa Eulalle district, fifteen miles southeast of
this city, wns burned on Thursday night with
tragic results. At midnight tho night shift
of MO men went up the shaft to eat lunc.i,
leaving two of their number on watch down on
tbo 1.400-foot leel. When the workmen
Btnrtcd to resume their work they found tho
mine on tiro nnd the shaft full of smoke. They
could hear tho shrickn of tho two wiitchmiii
who were being roasted alive below. Tho mine
Is reported to bu practically n total loss. It
aas owned by Chihuahua capitalists and turned
out two carloads of silver ore a day. It was
heavily timbered throughout, and only acne In
extinguished the flumes, Tbe loss amounts to
fully 100,0O0.
JVO VSE FOIl A DOCTOR.
Jaeger Died or Heart Dlsea.n Three minutes
Arter Baying Ho tTeuld.
John Jaeger, an olderly wood carver of 337
West Seventeenth street, started for St. Paul's
Lutheran Church, on West Twenty-second
Btreet. last night. On the way he became III,
nnd stopped at a restaurant at 211 Klghth
avenue.
" Brace up," said the proprietor to him. " I'll
send for a doctor."
" No uso," replied Jaeger, " Im going to die."
In three minutes ho was dead. He nad long
sufTorod with heart disease.
Baltimore Elopers Arrested In Cblenco.
Chicago, March 0. Joseph Vernlak and Mary
Westerham, elopers from Baltimore, wero ar
rcstod this afternoon In a flat on Lasalle avenue
which they had occupied for ten days. Vernlak
wlllbetakon bark to Baltlmure at once tn an
swer a rhargo of cmbezrllng ffisl.OOO from tho
I'nlted States Guitar nnd Zither Company nf
that elty, of which hewas managir. Tliewoinni I
will bo chu-ged with being nn accessory to the I
crime. Vernlak is 50 ears old. His companion
was n stenographer In his employ. He .a) s that
a bookkeeper lor the company is the reul em
enu. Thrown at a Policeman. Head.
A plaster of parls statue of Venus came sup
posedly out of the window of n tenement ut
New Bowery nnd Madison streets list night
and landed on tho head of Policeman MclCeon .
of the Oak street polleo station, disabling thnt
ofllcei.
" Wherefore all this success and I havo none," J
sslth the croaker. A word of advice prodme I
what there Is a great demand for, ut any rust,
and jou'll succeed. Keep It at u standard of .
excellence and hold It there. Americans like a
good thing and will pay ,
I lor it. Aiiiorleins hato ,
Amrrlenna I lb " mn in thlnn- mid ;;m t
Americans Like llBVO lt nmtho ilun- 1
finnil Thin. tcr Hultlmoio lt)ni ii ii- J
fl UOOQ lOIOf. Cll lho lUaurd of Iho
best nnd Is known as tho
American Gentleman a
Whiskey, It Is purr, mellow nnd ten ujrs old. t
Regardless of cost It will muintaiii this hih'h I
mark. Physicians prescribe und rocoiuiuoiid it '
for Its purity. Clubmen everywhere prefer it
for its pure, rich flavor and Its effects us a tout
cal stimulant. ,
A. U. Uart VranU Mora, BsereseataUvsa i
a. William It, Mew Vertt, . . '