No. 16,237. WASHINGTON, D. C., THURSDAY, MA&RCH .9,_ 1905-TWENTY PAGES. TWO CENTS.
THE IM OIN STAB.
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CUT THE RAILWAY
Japanese Impede Rus
sian Retreat Noth,
TIE PASS INVESTED
Report That Gen. Kuropatkin
Will Be Shut Out.
MOVE TOWARD MUKDEN
REPORTED MIKADO'S TROOPS
ALREADY OCCUPY CITY.
Telegraphic and Railroad Communica
tion Northward Now Interrupted
Surrender of Russians Imminent.
The Japanese apparently are clos
ing in to the north and west of M.k
den, and today's dispatches make it
clear that Field 'Marshal Oyamt :s
making desperate efforts to intci
pose a strong force between the rc
treating Russians and Tie Pass.
That he has in a measure succeeded
is indicated by a dispatch from Gen
eral Sakharoff, saying that "several
fierce attacks were made on our
north front during last night," and a
Tokyo dispatch asserting that the
Japanese had cut the railway north
The fighting is now raging :-round
the ancient tombs, and under vester
day's date General Kuropatkin re
ported that the Japanese had as
sumed the offensive toward Mukden
from the north and northwest. The
reports from Japanese sources indi
cate that the whole attacking line
was advanced, and that the retreat
of the Russians is in progress.
St. Petersburg is without ad:ices
concerning the situation at night
fall today, but in official circles hoie
seems to be centered in the belief
that Kuropatkin will be able to ex
tricate his army and retreat safely
to the Tie Pass positions.
Most of today's dispatches relate
to past operations and show that
the fighting has been of a desperate
character, with heavy losses on both
TOKYO, March 9-4 p.m.-The Japanese
have cut the railway north of Mukden.
Although the actual extent of the success
gained by Field Marshal Oyamna's army is
unknown. Tokyo is already celebrating the
victory. Flags are going up all over the
city and crowds are on the streets, eagerly
buying the extra editions of the local pa
pers, and congratulations are pouring into
the office of the minister of war and to the
army staff headquarters.
It is rumored that General Kuropatkin's
retreat has been partly cut off, insuring
heavy losses of supplies and the capture of
many prisoners; but this It is impossible to
An official announcement of the result of
Field Marsnal Oyama's pursiut of the Rus
sians is expected here later today.
To Preserve Sacred Places.
Ma-.i-al Oyama, in an order directing the
pursuit of the retreating Russians yester
day. prohibited his troops from entering
Mukden in masses, in order to preserve the
respect of the tombs and sacred places of
the imperial Chincse household and to pro
tect the welfare of the inhabitaints.
Japanese Porging Ahead.
The headquarters of the Japanese armies
In the field reported today as follows:
"In the Slngking (Yenden) direction our
force, after defeating the enemy at Magun
tan. is still pursuing him In the Sha river
direction. East of the railroad, the enemy
showing signs of retreat, our whole lIne
op,ene'd a general attack from midnight
Mar'h 7 and dislodged the enemy from his
positions, pressing his force toward the
"The whole district west of the railroad
and south of the Hun river is in our hands.
"On& the right bank of the Hun river the
Pressing Toward Mukden.
"The enemy in the neighborhood of Yang
shihtun and LUkuanpao still makes a stub
born resistance. The enemy made several
counter-attacks, but we repulsed them, in
Ilicting heavy loss. Our force is now press
ing the enemy toward Mukden.
"In the district north of Mukden, despite
the enemy's obstinate resistance, we have
occupied Siaochltun, five miles northwest
of Mukden; Pachiatsu, two miles north
east of Siaochitun, and Santaltae, five milea
north .of Mukden. Our force destroyed the
railroad north of Mukden."
A second dispatch' received from head.
quarters today says:
"Simee yesterday the enemy ha f
-ymat and Uerc aan.n.. mu kEbi d
stretchers and In carriages west of Ning
kuantun, near Yangshihtun."
TIE PASS INVESTED.
Gen. Xuropatkin's Situation Now Most
NIUCHWANG, i arch 9, via Tientsin.-It
is reported here that Tie Pass has been in
vested by the Japanese and that General
Kuropatkin. gaving no alternative, will
probably be forced to surrender within a
The Russians have not been reinforced
from the direction of Harbin since March 1.
General Nogi's army made a forced march
of twenty-five miles daily, and, aoting in
conjunction with General Oku's army, sur
rounded 80,000 Russians in the direction of
Tie Pass and cut off their supplies.
The hurrying Japanese armies passed a
division of Russians without giving it any
attention until the enveloping movement
was completed, when they crushingly at
tacked the Russians on all sides.
Gen. Xuropatkin Reports Falling Bac1k
ST. PETERSBURG, March 9.-A dispatch
from General Kuropatkin, dated March 8,
"On the right bank of the Hun river the
enemy has assumed the offensive toward
Mukden from the northwest and the north.
"The center and left flank of our armies
have fallen back, without fighting, on the
intrenched positions on the right bank of the
"Today the enemy altacked us on the
north front, driving a small detachment of
outposts from the village of Pudiasa, about
two miles northwest of the village of Trent
"During the fight Staff Colonel Sapolski, a
Knight of the Order of St. George, was
killed. He had distinguished himself by his
"The attacks of the enemy on one of the
Russian positions in the north near Mukden
have been repulsed with heavy Japanese
"On the west front the enemy attacked
our positions near the village of Niusitsan,
but was driven back.
"In the attack on our center we captured
a large number of prisoners.
"There was no fighting elsewhere during
1,000 Russian Convalescents.
CHEFOO, March 9.-One thousand con
valescent Russian soldiers arrived here to
day. They will be transferred Immediately
to a steamer bound for Odessa.
Telegraphic Service Suspended.
Special Dispatch to The Evening Star.
NEW YORK, March 9.-A cablegram from
Paris says: A dispatch to the Matin from
St. Petersburg declares that there has been
no telegraphic communication between St.
Petersburg and Mukden for eleven hours.
The Petit Parisen says that the Japanese
have mounted two batteries of siege artil
lery seven versts northwest of Mukden and
others on the southwest. Kuropatkin's head
quarters are nine versts due north of Muk
RUSSIANS IN RETREAT.
Left Armies Cut and Destroyed Rail
road Running North.
WITH THE JAPANESE LEFT ARMIES,
March 8, noon, via Fusan, March 9.-The
left armies have cut and destroyed the rail
road between Mukden and Tie Pass. De
tails are not obtainable at present. The
Russians are In retreat over the northern
The left column of these armies is at.
Likampu, seven miles north of the Hun
river and five miles west of the railroad,
and has had a fierce fight with a Russian
force thrice Its number. The Russian cas
ualties number 10,000.
The Russian center Is retreating In great
Position of Left Armies Unchanged.
The day's fighting of the left armies, al
though severe, has not changed the situa
tion so far as those armies are concerned.
The attack on Mukden from the northwest
is gradually progressing.
The Russians east of the railroad and
near the Shakhe river seem to be gradually
Russians' Strong Resistance.
The Japanese made two attacks today on
the village at the angle of the railroad and
the Hun river. The Russians are making a
strong resistance in a dozen villages in this
vicinity and are burning large quantities of
A movement of the Russians northward
was visible this afternoon. It is uncertain
whether it is a retreat or a reinforcement
of the right wing.
The Japanese left' armies advanced per
ceptibly across the plain in the direction of
Mukden during the afternoon. A heavy
artillery fire continues this evening.
JAPANESE IN MUKDEN.
Berlin Paper Prints Dispatch of Occu
Special Dispatch to The Evening Star.
NEW YORK, March 9.-The Berlin-Lokal
Anzeiger prints a dispatch that the Jap
anese have occupied Mukden after hard
HEAVIEST LOSSES OF THE WAR,
Peril of Kuropatkin's Army is Admit
ted at St. Petersburg.
ST. PETERSBURG. March 9, -2:30 p.m.
A veil Is drawn over the progress of Gen.
Kuropatkin's heroic effort to extricate his
beaten army, but the general staff insists
that while he has been defeated, yet there
has been no disaster. The peril of the
whole army, especially of the rear guard,
is admitted, and Mukden may have been
evacuated during last night, although noth
ing definite has been received on this point.
Yesterday Gen. Bilderling's army, 'which
held the center, fell back upon the Hun'
river, clinging all the day desperately to
Madyapu, at the apex southwest -'of the
One of Gen. Linevitch's corps was hur
riedly withdrawn during Wednesday night
and dispatched to the support of Gen. Kaul
bars' hard-pressed forces, who were fight
ing off Gen. Nogi's flanking legious west
and northwest of the city. At the name
time the remainder of Gen. Linevitch's
army fell back to the' north bank of the
Hun river, where it checked temporarily the
pursuing columns of Gen. Kuroki, who
hemmed him in west, south and east.
All day yesterday and last night wond
ed, mumitions, baggage and stores streamed
northward. The railroad and the Man
darin road were almost bloeked at the last
moment, notwitbstant the fact that ab
immense amoat of gtrs.ste,, was re
moved hst week. Tb sg-biee uk
removed to Ti sp ink. The ~Snaa
SENATOR BATE DEAD
Took Cold on Inauguration
PNE UMONIA DEVELOPED
AND THE END CAME EARLY THIS
His Long and Varied Public Career
His Service in the War and
in the Senate.
Senator William Brimage Bate of Ten
nessee died this morning in his apartments
at the Ebbitt House at (;:3) o'clock.
Senator Bate's death was brought on by
a cold contracted on the 4th instant while
on the inaugural stand at the eaFt front of
the Capitol. He was chilled, and was iII
when he went home. By the following Mon
Senator Wn. B. Bate.
day, however, lie was able to attend the
session of the Senate. He was in his com
mittee room in the subbasement of the old
Capit~ol building until after 6 o'clock that
evening. When he went home it was found
that his cold was developing into pneumo
nia. From that time he remained in bed
until the end came. He was able to throw
off the attack of pneumonia so far as its
effect on his lungs was concerned, but his
heart was left in a very weak condition,
and It was that weakness that finally
caused his death.
At the bedside of Senator Bate when the
end came were Mrs. Bate, Mrs. Carmack,
wife of Senator Carmack; Mr. Robert W.
Contrell, the senator's private secretary,
and a grandson. Senator Carmack Is in
Tennessee, where the legislature is in ses
Senator Bate's death came to the Senate
today as a great surprise, as it was not
known beyond a small circle of the 'ena
tor's family and friends that he was Ill.
His Public Career.
The death of Senator Bate tefminates a
long career in public life. Mr. Bate was
born October 7, 1826, near Castalian
Springs, Tenn. He received an academic
education, and when quite a youth served as
second clerk on a steamboat between Nash
ville and New Orleans.
He served as a private throughout the
Mexican war in Louisiana and Tennessee
regiments. A year after he returned from
the Mexican war he was elected to the
Senator Bate was graduated from the
Lebanon law school in 1852, and entered
upon the practice of his profession at Gal
latin, Tenn., in 1854. He was elected at
torney general for the Nashville district
for six years, and during his term of office
was nominated for Congress, but declined to
be a candidate.
In 1860 he was a presidential elector on
the Breckinridge-Lane ticket.
He entered the confederate army at the
breaking out of the war as a private. and
rose through the several grades of the
service until he became major general. He
surrendered with the army of the Tennes
see in 1865. He was three times danger
ously wounded, and received several other
wounds of a less serious nature. His serv
ice brought him many high honor-s, and he
was regardedtas one of the. leading military
commanders of the confederacy. Many of
his admirers believed he was in line for
promotion to the head of the confederate
army had there been an opening.
After the close of the war he returned to
Tennessee and resumed the practice of law.
He was a delegate to the democratic na
tional convention in 1868, and served on the
national democratic executive committee
for Tennessee for twelve years. He was
an elector for the state at large of the
Tilden and Hendricks ticket in 1876. In 1882
Mr. Bate was elected governor of Tennes
see, and was re-elected in 1884 without op
position in his party. In January, 1887 he
was elected to the United States Senate to
succeed Senator Whitthorne.
Service In the Senate.
Senator Bate continued to serve his state
in the Senate continuously ever since his
first election, and last Saturday was again
sigorn in as a senator for the term ending
March 4, 1911. During the past winter he
represented the minority of the Senate In
the statehood fight. He contended for a
bill that would make as many states as
possible of the territories in the southwest.
He was active during this entire fight,
and in the last days of Congress he at
tempted to join his forces with those of
the majority in order to bring about some
sort of compromise tha,t would at least
permit a state to be made of Oklahoma and
As one of the oldest members of the
Benate and because of his illustrious career
before he entered that. body, Mr. Bate was
held in high esteem.
He was ellected a senator for the term
beginning last Saturday after a very hard
fight. His miost powerful antagonist for
the senatorship was ex-Governor McMillan.
The legislature was tied up some days be
fore the election o.f Mr. Bate was assured.
The legislature of Tennessee is now in
session and will in a few days proceed to
the lecionof a successor to Mr. Bate.
His War Record.
General Bate had a war record that placed
him in the vanguard of the illustrious men
who fought the battles of the confedezaoy.'
He rose.to the rank~ 9f, pajor gesedal by
sheer worth when there. was a pr,efensa.
shown geneally te graduates of West Poit
for the highest places in the. anny.
What Lamai was to Meku~~~C
3ecretary Taft beclms -to Aocept thi
Secretary Taft has d6eHned to accept the
-esignation of Captaif George W. Kirk
nan, 25th Infantry, n W under trial by
ourt-martial at Fort Niobrara, Neb., on
harges of scandalous conduct. The court
ias taken a recess unl Miy 10 to await
the arrival e6jertairt evidence froifA the
Philippines. Ali1tiona) chartes of a serl
us character aave been re6ently filed at
the department- against Captain Kirkman,
nd these will--be referred to the present
ourt for consideration in connection with
the original charges.
It was strongly intismated- by Secretary
raft today that Captain Kirkman's mis
leeds were of too serious a character to
Justify his escape frbm any punishment
whatever, as would be the result of the
iceptance of his resignation, and he said
that it had therefore been decided to press
the charges against him with a view, in
ase of his conviction; to the infliction of
)unishment commensurate with his alleged
WILL RETUtN TO MANILA SOON.
rhe Philippine Scouts Will Not Attend
the Portland -Exposition.
It was announced at-the War Depart
ment today that the battalion of Philip
pine Scouts which,has, been in this coun
try for nearly a year past, and which par
ticipated in the inaugural parade in this
Ity, will return to, the Philippines on the
transport Thomas, scheduled to sail from
San Francisco on. the 31st instant. The
battalion will remain ht Fort Thomas un
til it is time to leave- for San Francisco.
Arrangements for the trip to the Philip
pines have been completed by Quarter
naster General Humphrey.
This action on the part of the War De
.artment means that the Philippine Scouts
will not attend thq Lewis and Clark ex
position at Portland, Ore., this summer.
rudge Shields Mentioned as Neutral
Man in the Contest.
Special Dispatch'to The Evening Star.
KNOXVILLE, Tepn.,.. March 9.-Friends
,f Judge John K.-qSilds, the east Ten
ic3see member of the 'state apreme court,
Lssert that at the proper time they will
irge his name for United States senator,
ble is regarded as a neutral man in the
COLD WAVE COMING.
Drop of 20 Degres is eralded at St.
ST. PAUL. Minn.., *arch 9.-A drop of
wenty degrees in tiemperature before to
iight is predicted by' t4e local weather bu
-eau. The :old wav pt9day reached Winni
)eg. where it-vap tne deqFees below zero.
kt Minneha it waso.
Within Pour Fast*Beiag Beyond Its
CUMBERLAND 9..!)The Po
:omac river below'hete is within four feet
f being beyond its banks. A heavy rain
ias b6en faUing alM day, ha:stfning the
haw of the h6avy sioW in the mountains.
rhe snall streams. are swollen. The ice
ias bioken between Cumberland and a
)oint a few miles 'vest of Little Orleans,
but remains solid between the latter place
and dam No. G.
The river is rising rapidly. The great
N8-mile gorge in the Cheat river from
Rowlesburg, W. Va., held in fear for some
weeks lest it greatly injure the town, mov
d out this morning without doing any
Will Break Up.Ice Packs.
Special DiApatch to The Evening Star.
HAGERSTOWN, *d., March 9.-Reports
here this afternoon from Hancock, WII
iiamsport and other points along the Poto
mac river show that the Potomac is rising
rapidly, and there are grave fears of a dis
astrous freshet. In the entire upper reg*Dn
a heavy rain has been fojling since yester
day. This and the melting of the snow is
sending a volume of water into the river
and its tributaries. If the rise continues it
will result in the breakitig up of the ice
packs. Officials of lie 'Chesapeake and
Ohio canal are deeply concerned for the
safety of the canal btnks
Situation in Denve*, Col., This Morn
DE~NVER, Colo., 2arth 9.-When the
general assembly met todgy to consider thea
gubernatorial contest, thib republican ma
jority apparently was hopelessly split over
the proposition to asake former Governor
Peabody a fight a 'party measure and to
seat Peabody in place of Governor Adams.
The Peabody loaders early in the day an
nounced their intesition of forcing the 'is
sue to a final vote today. . Should the re
port of Senator Aleunder, declaring the
election of governor to be null and void and
declaring that Lieutenant Governor McDon
aId should.succeed to that-ofBece be voted
on first and defeated,ithe anti-Peabody re
publcans will endeaver to defeat the three
other reports from the contest committee.
if this plan should succeed, a deadlock
would be created- a4 Alva Aam"s would
remain as governor.
When the joijflsessien of the general as
sembly met t Rj epresentative B. J.
Conneli, a demaemenber of the com
mittee appointed -a 1mptigate bribery
charges, protested agains& the dilatory and
secret mariner in. which the committee is
He moved that the centee be instruct
ed tg pursue. thaemem bioMn at once and
to hold open ses* senmator Cornfroth,
chairman of thema-erptte. defended the
policy of secet aeos em the ground that
in secret snnagg :esabem of the general
assembly would- alir* rediy give testi
mony regarding atknts - bribe them.
He said hie wouldaot serb as chairman of
a committee unlear heariqs could be held
The brooklyR tb m1Iagshipq
When the cruiem @Te.art, flagship of
the Caribbjian squeren, assiiletes her tar
get practice at Pinoherske will proceed
to Annapolis for' @ieofthe midship
men under Instruote,an&Utear Admiral
Sigsliee, comrmaradli heCaribbean sqiuad
ron, ~will transfer fagto the armored.
D&VR'.,N 9.-The ballot for
sJaited today r-euled 5
TO REPORT FAVORABLY
Senate Committee's Decision
on Santo Domingo Tr'eaty.
VOTE ON PARTY LINES
AMENDMENTS AGREED ON YES
TERDAY FORXALLY ADOPTED.
Misapprehensions Regarding Negotia
tions Corrected by the Secre
tary -of State.
The Senate committee on foreign rela
tions today agreed to report favorably the
Santo Domingo treaty as amended.- The
vote was on party lines, every republican
voting for the treaty and every democrat
voting against It. All members of the com
mittee were present and the vote stood:
For the treaty-Gullom. Frye, Lodge,
Clark (Wyo.), Foraker, Spooner and Kean.
Against the treaty-Morgan, Bacon, Mon
ey, Clark (Mont.) and McCreary.
There is one vacancy on the committee,
caused by the election of Senator Fairbanks
to the vice presidency.
All of the amendments agreed upon yes
terday were formally adopted, and one ad
ditional amendment which was offered to
day was accepted. The latter was one of
It changes the last clause of article seven,
in which it is declared that the present tar
Iff and port duties may not be reduced ex
cept with the consent of the President of
the United States, so long as the whole of
the debt which the United States govern
ment takes charge of shall not have been
completely pala. In the original protocol
the Dominican government was prohibited
from increasing its export duties or its pub
lic debt without like consent of this gov
mfnt. That provision has been amended
to read as follows:
"Said export duties or its public debt
shall not be increased without the consent
of the President of the United States."
Mr. Morgan's Resolution Rejected.
Senator Morgan presented a resolution
disclaiming the -necessity for the application
of the Monroe doctrine to the caje of the
Dominican government, and asked! to have
it adopted by the committee and offered in
the Senate for consideration.
The sentiment in the committee was
against the adoption of the resolution and
it was voted down. It was understood. that
in voting not to report the resolution, the
members did not express an opinion as to
its merits, but that the sentiment of the
Senate was shown by the amendments
which trike out of the tre,ty all that, part
-which seemed to define the Monroe doc
trine and give it specific application to the
Santo DomingqW#1 -- -
'The Division on Party Lines.
The -division of the Senate committee on
party lines caused considerable gossip
aiong senators as to whether that division
would be followed in the Senate when the
treaty is voted upon. No one felt author
ised to speak for the different parties, but
the opinion was expressed that if the re
publicans should all stand for the treaty
it was doubtful if the democrats wotid feel
like taking the resgonsibility of defeating
it, as they could do by a strict party vote.
"As the Senate stands now there are fif
ty-six rerublicans and thirty-one demo
crats, with vacancies in. Delaware. Mis
souri and Tennessee. It is expected also
that two republican senators, Burton and
Mitchell, will not vote and will not be
paired on this or any other matter coming
before the Senate. As a two-thirds vote is
necessary to ratify the treaty it will require
fifty-eight votes to accomplish this end.
The republican leaders in the Senate still
lack assurance of the full support of their
party in the Senate, but on the other hand
have received intimations that a few votes
may be secured from the democratic side
of the chamber. The republican senators
who do not give their complete assent base
their opposition to the treaty largely upon
the ground that It may prove a precedent
in the future. They concede that the con
ditions in Santo Domingo are peculiarly
exasperating, and agree that some relief
appears necessary, but on the other hand
they say that the step now contemplated
may be used in the future 's justification
for a similar move in a case in which the
demand is not .so pressing.
To meet these objections it has been sug
gested that a resolutlion might be adopted
by the Senate at the same time that a voe
is taken upon the treaty Which would set
forth conditions, in Santo Domingo and de
clare the opinion of the Senate that the
action in the present instance is intended
to stand alone and not to be used as a
A* republican, members of the committee
on foreign relations is the .author of the
suggestion, but' it. haa- not yet taken defi
nite shape, if indeed jt,ever does. The de
sire is rather to secure such- amendments to
the treaty itself as will make it acceptable
to two-thirds of the Senate, thus rendering
the expedient of a special declaration un
necessary. Republicans say that there are
at least three democratic senators who indi
cate a willingness to vote for the ratifica
tion of the treaty as it stands.
The Secretary of State in conversation
this morning with representatives of the
"I should like, if possible, to set at rest
the confused, misleading and harmful re
ports concerning the negotiation not only
of the Santo Domingo protocol now under
consideration by the Senate of the United
States, but also the instrument signed at
Santo Domingo City on January 21 which
is sometimes referred to as the Dillingham
"It has been asserted, and persistently
repeated,.that the Department of State had
knowledge of the existence of the agree
ment of January 21 prior to the announce
ment in the public press that such an in
strument had been signed at Santo Do
"It has been further asserted that there
was an intention and purpose on the part
of the President and the Department of
State which looli:ed t# the hasty carrying
into effect of somes important arrangement
with the Dominican government, without
duly- submitting to the Senate for its advice
and consent any instrument in the nature
of a treaty or protocol. Neither the P'resi
dent nor any of the officials of the State
Depatment ever had any such intention or
purpose. Nothing was known of the agree
ment of January 21 until it was learned,
through the medium of the publie press,
ta.t such an instrument had been signed
in Sarlto Domingo City. It wan then de
cided that, as many repo and rumors
cocrng the areent w re ecigthe
tiation for the annemation of the islanid
was woposd this(dd 1s to make a
Dsition. It was never for a moment con
emplated that there would not be submitted
to the United States Senate at the proper
time for its consideration a portocol or
treaty embodying the essential features of
the agreement signed on the 21st of Janu
ary at Santo Domingo City, which agree
rnnt was signed at that time for the pur
pose of meeting the requirements of certain
political conditions at Santo Domingo to
ivert further disorder and bloodshed. The
iction of our representative in this respect
"When the full text of the agreement of
January 21 reached Washington, the de
partment's draft, which is the protocol now
3efore the Senate, was promptly considered,
prepared and cabled to Santo Domingo,
where it was signed some days later.
"No purpose of putting either the agree
nent of January 21 or the protocol now
3efore the Senate, into practical opera
tion without submitting it to the Senate
ror approval, was ever entertained. Pon
;idered or discussed. The administratin
was proceeding in the usual and ordinary
way, i.e., it was negotiating the troaty
Lhrough the customary and asknowledged
Lgencies, and when that instrument was
:hought to be in proper form, it was duly
submitted to the Senate."
LIEUT. XOHN'S CASE.
Fudge Advocate General Davis Re
viewing the Records.
The record of the case of Second Lieu
tenant Albert J. Mohn. 4th Cavalry, his
been received at the War Department and
s being reviewed by Judge Advocate Gen
,ral Davis prior to its submission to the
President for final action. Lieutenant
61ohn was recently tried by court-mar
:ial at St. Louis on various charges result
ng from his allegations to President Roose
7elt that certain officers had conspired to
orce him from the army, and that it was
mpossible for him to obtain justice in the
Department of the Missouri, to which he
s attached. The officer declined to make
Lny defense to the charges against him
)ecause of the refusal of the court to per
nit him to subpena witnesses from Rome.
[taly and other distant points outside of
Kissouri, unless he would state what he
xpected to prove by .them. Lieutenant
dohn refused to do that, and said that
ts he could not have all the witnesses he
lesired 'he would not call any of them.
The findings and sentence of the court
will not be made public until the President
ias acted on the case. The court was
>rdered by the President, and therefore its
*eport goes to him regardless of the re
;ult of tt trial. Ordinarily court-miartial
:ases are not refered to the President for
tction unless they involve the dismissal of
XB. BRISTOW'S SUCCESSOR.
Wo One Chosen for Fourth Assistant
Postmaster General Cortelyou said today
:hat a man for the office of fourth assistant
3ostmaster general had iot been yet de
:Ided upon. It appears that W. G. Edens.
who avpired to the place, has been super
;eded by some one with a stronger claim
n the favors of the administration, but
Who that person is has not yet been made
There is a paucity of applications for the
lace, presumably because the incumbent
fas been already selected by the Postmister
3eneral from mater.al with which he is fa
millar through work already done for the
service or services performed for the re
publican party. But Mr. Cortelyou makes
insurances that the man has not been se-.
ected to fill the shoes of the recent Mr.
It is understood qu"te broadly that "Jerry"
Watthews, the secretary of the Vice Presi
lent, has declined the office, and the de
parture from the city today of Mr. Edens
itelines to the inference that he is out of
:he game, even though it was understood
that he had a strong lever in Senator Cul
om. There Is plenty of available material
,or the office, but it is quite possible that
he material which the general public might
-lass as available would not meet with the
'equirements according to the views of the
Postmaster General or the President.
Charles A. Conrard, for a long time the
!hief clerk to Mr. Bristow, Is still acting
is fourth assistant, and has been perform
Ing his duties in a manner which has won
the approbation of the officials of the de
partment. But Mr. Conrard is a practical
ly unknown quantity in national politics,
and the man who assumes the reins of
power in that office must be a man who has
nade a mark for himself and who has been
)f use to the party. It is a valuable office
and must be filled by a tried laborer in the
muse of the party. A few days may dater
nine the selection, and It may be a yet
more considerable time before the right
man shall have been found. It depends
3ntirely upon Postmaster General Cortel
Vou and the approval of the President, and
t may be that a dark horse will enter the
race and cross the wire ahead of all com
PRAISE FOR BLUFJACETS.
Everyone Returned to the Ship After
the Inaugural Parade Sober.
The bluejackets who were brought to
Washington on the cruiser Prairie to take
>art in the inaugura.tion estabiIEd a
-ecord of which the officials of the Navy
3epartment are proud. During the stay of
:bvat ship in this vicinity over 400 of her
:rw were given shore liberty to see the
sights of the national capital. In the words
>f a naval officer at the department:
'Every one of these men returned _to the
ship olean and sober, there not -being
L single straggler and the ship sailed away
with her full complement."
SENATOE CA1tWACE AFPECTED
Learned of His Colleague's Death at
ipeelal Dispatch to The Evening star.
KNOXVILLE. Tenn., March 9.-Senator
3armack passed through here this morn
ng en route from Memphis- to Washington.
When informed of the death of Senator
Bate he was deeply affected. He said:
"I called on Senator Bate just before I
eft Washington, and he was ill, but I did
mot apprehend the worst. His death is a
great shock to me. In his death the state
ias lost a great man, one who was at ali
imes patriotic and loyal to his native state.
[loved and honored him. He was my
friend. I can't say what effect his death
wrill have on politics in Tennessee. Time
only can tell this."
Inians' Attorneys to Be Paid.
The Secret4ry of the Treasury has issued
m. warrant for $750,000 in favor of Mansfield,
EMurray & Cornish, lawyers residing in
.he Indian Territory, as fees for services
rendered by them to the Choctaw and
Thickasaw Indian The Secretary of the
['nterior declined to approve the claim on
;he ground that It was aecessive. Congress,
sowever, directed the payment on the show
ng that it was regular and in accordance
ith the contract with the Tnans=
Ueerstarwjh 60t4dy aamnem -tat tib
- got amngetleamt ae beda
Lost and Found.
Every day lost articles are
recovered by advertising in
The Star. The rate is I
cent a word if inserted 3
times, in 15 words or more.
NEW YORK_ STRIKERS
Marked Improvement in Op
eration of Subway Trains.
OTHER CHANGES LIGHT
LAtOR LEADERS HOLD SIGNIFI
Deny, However, That They Are Con
nected With the Strike-Await
NEW YORK, March '.--With the opening
of the third day of the Interborough train
men's strike there appeared to be a marked
improvement in the operation of the trains
in the subway. Otherwise little eiiange was
noted. Traffic on the east side elevated
lines-2d and 3d avenues-was ilmost at a
standstill. In fact, no trains whatever were
operated during the early hours on the
2d avenue line, while on ;d avenue, where
ant attempt was made to resume the service.
something went wrong. and for half an hour
at a time no trains p:ssed a given point.
Quit a number of trains were in opera
tion on the 6th avenue line- of the west
side system, but at times there were long
delays, and the platforms up-town were
On the surface lines the Jam that has
prevailed morning and night since Monday
was in evidence. Every Inch of space in
the southbound cars was taken, while boyT
hung on by the window ledges and sup
ported themselves in precarious positions
by placing their feet on narrow rails about
the bottom of the c:irs.
Conditions were tluite favorable to the
company in the subway. toward wh!ch
their greatest efforts wert aimed. Trains
were moving four to eight minutes .,part
on the local tracks before the express trains
were started. The s.-gtem was well pat
ronized, but passengers manifested a dis
position to avoid thei first and last cars.
Only islated disturbances occurred dur
ing the night. and were limited to a few
fstic encounters on clev'ited trains.
Heavy guards are being maintained about
the power house to prevent any attempt on
the part of the strikers to reach the eng.
neers and firemen, so vital in the company*x
Xay Ask Injunction.
It has been decIded by the strikers' execu
tive committee to ask tht courts for an in
Junction compelling the Interborough man
agement to restore emergency brake cordo
and-other safety appliances alleged to ha"
been removed from many Cars When 0h0
strike was deelared. In event of the comp
pany's failure to restore these appliances
t4e stirilgrt degared they would a* the
any attkorlties tinterfere also.
While General Manager Hedley states
that fifty old men have returned to their.
work, the strike leaAers declare not asai
During the night the ranks of the Strike.
breakers were increased by 150 men, who
were taken under guard to car bar:a 16
Considerable sickness Is reported amov
the men sheltered in the barns. A hospt
physician who was called in the night to
attend Frank Wittenberg of Philadelphia
found him suffering from epilepsy. After
treating Wittenberg, 'who, he thought,
would soon recover, the physician asserted
that among the 000 men in the barn at
least fifty were in need of medical attend
ance. They were, he said, suffering frota
diseased throats, fevers, colds or grip, ag
gravated by the conditions under which
they are living.
Uptown New Yorkers had less trouble in
reaching their places of business in the
lower end of the island today than any time
since the strike on the subway and elevated
Lines began. In the subway trains ran with
frequency and regularity during the rush
hours and the express service was in lef
fective operation. On the elevated lines the
zonditions were about the same as prevailed
yesterday. The 6th avenue branch main
tained a fairly good service during the rush,
but trains on the 9th avenue were run at ir
regular intervals. The East Side lines-tbe
2d and 3d avenue-did not fare so weli, and
atpparently no effort was made to maintain
inything like regular schedules.
Confidence Partially Restored.
That yesterday passed under strike condi
tions with no serious accident on the else
rated structure has had its effect in par
tily reassuring the public was evident to
iay. Trains on the 6th avenue line pearticu
larly were jammed to their capacity, and
~requently the unusual sight of men clinging
to the roofs of elevated trains was seen.
What might have resulted in a serious aa..
eldent to a 6th avenue elevated train was
aarrowly averted today when James 1~
gan,-a strike-breaking motorman who
n the moter box of the train, fell wapnj
scious from illness. There was no br
notorman on the train, and only thec
that Kerrigan had just shut off the peder
to stop at a nearby station prevented the
rain running wild, with results only to be
ton jectured. The sick man was taken to
Although the Interborough company bad
nade preparations to pay off 3,000 strikers
today and had notified the men to come to
the offices at l'J$ Broadway for their pay,
rtot one of the strikers had put in an ape
earance up to 10:30 o'clock this forenoon,
Lhe leaders of the strike movement took the
rttitude of the men in this respect as prove
ing beyond doubt their loyalty to the cause
f the strikers. The leaders formally re
luested the men last night not to call for
their pay today unless they really were in
pressing need of funds.
Officials in Conference.
Samuel Gompers, president of the Amer
can Federation of L2bor; John Mitchell,
president of the Urited Mine Workers of
America and a vice president of the Amer.
can Federation of Labor; Thomas 3. Kidd,
arlso a vice president of the Americanu
Lrederation of Labor, and Win. D. Mahou
president of the International Amalga
nated Association Electric and Street
Railway Employes, met at the Clarendon
EIotel today and adjourned to the head
luarters of the American Federation of
Cabor for a conference. Mr. Mitchell and
Mr. Gomnpers are members of the Na
:Jonal Civic Federation.
Before leaving the hotel both Mr. Gosa
pers and Mr. Mitchell denied that they
tame to New York in connection 'with .
he street car men's strike.
Mr. Mitchell said be did not come here
n any connection whatever with the
iresent railroad trouble and had not been
nvited to extend his influences to a set
:lement or otherwise.
3Er. Gompers maid that while he staa~
eady to do all he can to bring about S
~ettlement of the strike, he baa not bes
avited by anybody to do so. "My atPt
:ude and-the attitude of all the
sederm:Is to bring ahout a -ate
21sg -s e to 40 ae,aeid 3Kr.
10W=hmr I salet adChie
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