WASHINGTON, D. C., FRIDAY, JANUARY 26, 1906-TWENTY PAGES.
THE EVENING STAR
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Verdict of the Jury in the Town
WAS RELEASED FROM LIBEL
Jerome's Scathing Arraignment of
EXPRESSED GREAT CONTEMPT
Rottenness of Personal Journalism
Shown?Judge Deuel's Position De
The jury in the Town Topics
case in New York city returned a
verdict that Editor Norman Hap
good is not guilty of criminal libel.
The jury was out about ten min
Hapgood was charged with crim
inal libel of Justice Deuel. The
complaint in the case was based on
an editorial in Collier's in August
last bearing on Justice Deuel's con
nection with Town Topics.
NKW YORK. January 2ii.?"I will not at
tempt to disguise from you the utter loath
ing <1.1(1 contempt 1 feel for some of the
?witness. - whom 1 myself have introduced,"
declared District Attorney Jerome to the
jur> today In his argument for the prose
eutlon in the action for criminal Hbel
brought against Norman Hapgood. editor of
Collier's Weekly, on complaint of Justice
Joseph M. Deuel of the court of special
"For more than two weeeks now we have
been wandering through Vanity Fair," said
Mr. Jerome, "witnessing exhibitions of
human weakness and folly and, in some in
stances, of human degradation."
Continuing, Mr. Jerome said: "It may be
that I ought not to be here prosecuting one
of the best friends I've got for a crime
which In my private judgment I believe he
ought to have done, and which I might have
done in his place with more heat and more
vim thin he displayed. The law not to
restrict the liberty of the preas has pror
vlded that If the published article be true
and published with justifiable ends. It is a
defense. On the ground of excuse the
prosecution concedes that this publication
was honestly made in a belief that it was
true If you find that the article was true
you have got to acquit.
Character of Paper.
"Now let us see the character of this
paper (referring to Town Topics). Mr.
Shepard has told you that Col. Mann has
fttated that it was the natural evolution of
personal Journalism. If this is true. It
ought to be applicable to more than one
daily paper in New York whose trond is
that way. There Is scarcely a morning
pap. r that does not print vile scandals and
obscene matter. 1 don't see what interest it
conserves to publish such stuff. I don't see
what Interest articles relating to the aSlui
i ml I?f th'S ?r <hal persou have for >'ou
Does It serve any useful purpose? Is It
other than filth? It Is put there for no
other purpose than that of paying divi
dends to the stockholders. The average
newspaper Is run from the counting room
?tandpoint Many of the advertisements
ur, but a corruption fund to induce quiet
aibo it this, that or the other. This Is not
a pleasant statement to make, but If you
.'Lsk the average newspaper man whv a
t et tain paper let up on a certain proposi
tion his reply Will be: Why didn't you
see that nd of so and so?"
"These p.tjw-i s haven't yet reached the
yondition that tills vile sheet has reached.
J am not here to Justify Town Topics.''
Justification of Editorial.
-I ..-titi<-ation of the editorial denouncing
Justi. . Deuel." Mr. Jerome said, "means
that Deuel was part owner of the paper,
Icaaor and reviaor of proof, and that the
J-iper which he edited in part extorts
money and prints scandal, it is alleged
that he threatened to make public the fam
ily skeletons et society people unless given
The district attorney asserted that Judge
I>euel did not violate the statute which
forbade him to practice law in a court, but,
said he, "in my opinion he violated the
statute In carrying on business. It oannot
be said that In carrying on business he
neglected his Judicial duties. As a justice
I will say for him that he conducted his
Judii lal duties honestly, fulrly and well
Mr Shepard has admitted that a great
Jurist did violate the statute, but Deuel wis
not drawing a salary of $17,500 a year. One
rules a banking house from the supremo
court bench as others have from the bench
? .rowing gray and with his back to the wall'
I>cu.) violates the city charter in an en
deavor to provide for himself in his old age.
Imitated Another Judge.
lb lines what a great Judge who took a
position with a trust company d'.d before
him. Don t say that he is a vampire or
blackmailer because he violates the city
charter. There is not a scintilla of evi
dence to Show tlyit Justice Deuel knew
about the borrowing of thousands of dol
lars by Col. Mann.
1 here :s not a scintilla of evidence to
show that t. Clarence Jones was black
mailed. He made a loin on collateral. If
you gentlemen happen to know Thomas F.
ltyan 1 don't behove that you would think
that much progress could be made with
him along the lines of blackmail. He has
been abused and vilified in the papers for
years and lie Is not very sensitive. He has
dealt with commercial guerrillas and would
not be shaken down by Col. Mann.
"This old man had been a power In rall
r.i id affairs and had been driven to the wall.
His money had been taken from him and
lie was forced to make his living In this
way. It is reasonable to suppose that theso
great financiers had a soft spot in their
hearts for a man driven to the wall, and
that it wasn't very hard for them to give
him an accommodation."
"O H. 1". Belmont did not say on the wlt
i I ss stand that he was blackmailed. He was
pounded before and after he refused to
loan to Mann. aid ye! he gave to Col.
Mann, th*.' man who pounded him, an inter
Ferry Belmont's Case.
"Now take Perry Helmonl. This rising
son got stuck on the horizon. You would
think that Mr. Osborne thought Ferry was
shaken down. Was he? lie got sliares of
"James R. lvecne is a rough-and-tumble
fighter in the field of finance, and yet we
are told that tTB.uuO was taken from him
by Col. Mann over night. I felt that Col.
Mann ought to be arrested as soon as he
left the stand. Think of Keene being plun
dered over night. What really happened.
Col. Mann tells you, Is that he gave securi
ties on properties for this loan.
"Irving approached Burden, but he didn't
blackmail. Wooster, Wayne and Irving
went beyond their authority. Wooster took
blood money. They all said that Mann and
Deuel warned them not to use the influence
of Town Topics with reference to Fad3 and :
J. Pierpont Morgan's Eyes.
"If there's a man on God's footstool who
carries a fiercer eye than J. Pierpont Mor
gan I don't know hfm. Col. Mann may be
a brave man and a warrior who would face
the cannon's mouth, but facing a cannon's
mouth would be nothifig to that fierce gray
eye of Mr. Morgan. Think of Col. Mann
blackmailing J. Pierpont Morgan, and if he
was blackmailed, why was not he called at
this trial? Why blackmail anybody when
there are so many easy marks?
"Until Harry L,ehr appeared," said the
district attorney, "I.hadn't supposed there
was a man /in the country so modest as not
to go into that monumental production,
Fads and Fancies."
Here E. M. Shepard. counsel for the de
fi nse, suggested that he take up the Baker
Baker's Patriotic Pride.
Mr. Jerome said: "The Spanish war
comes, and Baker, owner of a big steam
ship line, tilled with patriotic pride, rushes
.down to Palm Beach to tender his vessels
to Gen. Alger, a member of a lumber com
pany and hero of another war, the civil
war. Because of his patriotism Mr. Baker
sacrifices his line of steamships for the pro
tection of the country and $4,000,OCX).
"The defendant in this case is an old-time
friend of mine. Only rhe best motives could
have actuated him in writing these articles,
from Information obtained in talk with mo.
In a measure I was the expurgated author.
I talked to him honestly and told him what
I thought of Town Topics. But lie did not
violate my confidence. His actions through
out this whole proceeding have indicated a
finesse of professional honor. He did not
even reveal to ills counsel the talks that
lie had with me until I suggested it to
them. If people had the courage to come
into court this scandalous paper would have
been wiped off the earth long ago.
"I think, in your deliberations, the ques
tion you will turn on is of Justification, and
Whether Hapgood wrote the article with
good intentions. The gist of that will be.
Was there reasonable ground for arraigning
a judge as a blackmailer?"
Justice FJ*zgerald then charged the jury.
CLOSE CALL FOR EIGHT.
\ Fumes From Poison Used by Suicide
NEW YORK. January 20.?Eight persons
were made seriously ill today by the fumes
of an unknown poison which Joseph Ascher
took to end his life in an east side tene
ment. Archer left the stopper out of a bottle
from which he drank the poison, and the
fumes of it, which smelled like ammonia,
almost caused the deaths of all the others
in the apartments. Ascher's roommate,
Tobuas Napath, was unconscious and mem
bers of the family from whom they rented
tiie room were weak and dizzy when they
were awakened by the mewing of a cat
In tin..: to save their lives.
Aacher oied soon ufter his condition was
discoveicu and Napath was revived after
an hour's work at the hospital. The dead
man was a Russian and his suicide is at
tributed to worry over his mother, who is in
Russia, and who recently wrote to him
that she was in great peril on account of
the riots there and asked him to send her
money, which he was unable to do.
ARRESTED IN CHICAGO.
Man Claims to Be Son of Former At- !
torney General Garland.
CHICAGO, January 26.?"Just a plain,
hard-luck story, with no excuses to offer,"
was the way William Garland, twenty-four
years old, summed up his own story after
he had been arrested at State and Wash
ington streets last night.
Garland told the police that he was the
son of Augustus H. Garland, former United
States Attorney General. His actions had
aroused the suspicions of two detectives,
and when searched tlw?y found a piece of
stone wrapped in a stocking concealed un
der his coat. He had been lingering near a !
large jewelry store for several hours. When
taken to the police station he made the fol
"I simply was down and out and I had
hunted for work without success. Then 1
read in the papers of the easy way in which
holdlng-up men had smashed Jewelry store
windows and got away with the goods, and
decided that I would turn robber."
When the police went to Garland's rooms
to search them they found several unfin
ished stories which evidently lie was pre
paring for a magazine. A college diploma
also was found in the room.
NEGROES FOR HONDURAS.
Arrangements for Colony of Worker6
by Booker Washington.
Special Dispatch to The Star.
NEW ORLEANS. L,a., January 2t>.?The
Co-operative Tropical Fruit Company,
which owns and operates extensive plants
In Honduras, has just completed arrange
ments with Booker T. Washington, by j
which the company agrees to transport to [
their plantations in Honduras 5,000 south
ern negroes. This statement was made last
night by William H. Coe, a leading New
York capitalist and president of the fi"Uit
"The southern negro iias been raised to
plantation work." said Mr. Coe. "We may
have some little trouble in drilling the men
into the special character of work expected
of them, but once they are set to work I
think they will soon accustom themselves
This is the fiist practical effort made in
favor of the negro from a purely business
standpoint. It is quite likely this large
colony of American negroes will have a
great Influence on the future of Honduras.
THE PACKERS' CASE.
Another Attempt by Counsel for an
CHICAGO. January 20-?Another attempt
is to be made by counsel for the indicted
packers and the government to agree upon
a statement of facts concerning the actions
of Commissioner of Corporations Garfield
when he came west to investigate the beef
industry. The attorneys reported last night
that they were unable to agree and that
tiie trial would proceed this morning.
When the hour for opening court arrived,
however, the trial was not commenced, and
after waiting for some time and holding
conferences with the attorneys, Judge
Humphrey announced from the bench that
the lawyers would make additional efforts
to reach an agreement as to the facts and
that the hearing would be adjourned until
10 o'clock Monday morning.
The government attorneys are willing to
agree to a statement of facts which will
not prejudlco the case for them, because It
Is evident that If the case is argurd on tho
points of law only, all the time necessary
for the Introduction of evidence will he
saved. District Attorney Morrison will
agree to nothing, however, except that If
the government is victorious under the
pleas of immunity made by the packers the
latter must then stand trial under the In
dictments. If the packers win on the law
jiolnts Involving the plea of immunity they
go free pending an appeal to the Supreme
Court of the United States by the govern
Survivors of the lll-Fated
NOTHING LEFT OF HULL
Story of the Disaster From a Survivor
of the Wreck.
A THRILLING FIGHT FOR LIFE
Exciting Experiences of Those Res
cued From a Life Baft?Men Made
The steamship Topeka, which arrived at
Port Townsend, Washington state, this
morning brought no survivors of the Va
lencia save those already reported. The W>
tal saved, according to the figures of the
officials of the Pacific Coast Company, is ;
forty, Including three men found on Tur
ret Island and one man believed to be
alive on the Island, but who, It is expected,
has been located by Indians. This also in
cludes three reported on the beach near
Klanewak. The tug Pioneer, returning
from the wreck last night, reported noth
ing left of the hull of the Valencia.
VICTORIA, B. C., January 26.?Word was
received last night at Bamfield from ("apt.
Ferris, who left with' a party from the
steamer Salvor yesterday morning to bring
the nine survivors of the Valencia who
were at Darling river, about fifteen miles
from Bamfield. The party was twelve hours
on the trail and from accounts received
by Capt. Ferris the survivors are suffering
great privations. Some are without boots
and will have to walk in bare feet. Others
are insufficiently clothed. Capt. Ferris will
leave at daybreak today for Bamfield with
the entire party, but does not expect to
get in until Saturday morning. The- Salvor
will wait. The trails are reported In a very
bad condition, being in places almost im
The tug I,orne, which returned at mid
night from the wreck of the Valencia,
brought John Segalos of Sail Francisco, a
fireman of the Valencia, rescued by the City
ofTopeka from the raft and placed on board
the I>orne. He is a Greek. In an interview
he told of a futile attempt made by him to
swim ushore, carrying a line through the
breakers, to attach the line between the
wreck and shore, and of how he and seven
teen other survivors had spent from 10 a.m.
to 4 p.m. of Wednesday on a fragile raft,
buffeted by gale and swamped by the run
ning seas, until picked ujx by the Topeka.
John Segalos, speaking to an Associated
Press correspondent on board the tug Ivorne
after being transferred, said:
Story of the Disaster.
"It was my turn on watch in the fire room
when at 11:50 Monday night the Valencia,
going very slowly, suddenly struck the rocks
| and shook from end to end. Orders came to '
the engine room to reverse. The boat backed '
from the rocks, and shortly afterward the
water came rushing in at the rate of about
a foot a minute, and we all knew the steam
er was doomed.
"The officers and crew passed out life
belts to everybody and orders were given to
man the boats. It was terrible, the dark
ness. the rain, the crashing of the wreck
and the roar of the boiling surf. Panic
seized many and there was a blind rush in
the blackness to get to the boats. At about
l-:!50 I saw a boat loaded with twenty-five
people crash from the davits and every one
fell into the sea. Among them was the first
assistant engineer, now rescued and on
board the steamer City of Topeka. going to
Seattle. I helped to load three more boats,
but they were swamped. About this time
the Valencia drifted broadside to the rocks.
"Tuesday morning about S> o'clock three
unsuccessful attempts were made to shoot
lines to shore, but nothing could be done.
That afternoon I volunteered to swim to
land. A rope was fastened to me and I
plunged into the surf.
$1,000 Offered for Life.
"Before I left the wreck, a passenger, a
woman I did not know, came to me and
oftered to give me $1,000 if I would get a
line ashore. I told her I could not accept
her money, as it was my duty to try to
"It was no use. I was simply dashed
back by waves, so I cut the line and a life ,
buoy was thrown to me, and I was pulled
on board stunned.
"As the vessel settled passengers and j
crew sought the masts and rigging. Many
were swept otf the decks. Others jumped
into the sea, seeking to swim ashore.
"On Wednesday Capt. Johnson told us the
only chance for safety lay In the rafts. He
urged the women to get into them. There
were about a dozen women alive then, some ,
in the rigging ajid some on the deck house.
They refused to take to the rafts. I
Jumped from the mast where I had climbed
and was helped upon one of the rafts. The
sea was running heavy and there was a
fog in which we lost sight of the other
raft that left at the same time. It was
about six hours afterward that we were
picked up by the Topeka and received 1
every care and attention on that vessel."
Segalos was transferred to the Lorne, so !
that he might be of service in guiding that
vessel to the location of the wrcck.
Crazed and Jumped Into the Sea.
VICTORIA, B. C., January 26.?Advices
to the Express from Uclulet today say that
the ten men who left the Valencia Wednes
day afternoon on the second life raft, which
was picked up by the steamer City of To
peka, drifted Into Barley sound. On ar
riving at a small island off Village Island,
Wilson, third engineer, jumped overboard,
and in attempting to swim ashore was
drowned. The remaining nine landed on
Turret Island Wednesday.
Before morning five went crazy and
jumped Into the water. One man, the
strongest, started out for help, and had
not returned When the remaining three men
were taken on board the launch Sharock
of Victoria after being found by Indians.
While the men were drifting on the life
raft they saw the City of Topeka for a
considerable time, but were unable to at
tract It, although they tried frantically to
do so. They saw Cape Beale light that
night, and tried to make for It, using the
oars. The cook, F. Hancock of San Fran
cisco, was in command of the raft. He
has a wife In San Francisco.
The names of those on the raft who were
drowned are: Wilson, third engineer: Wil
son, a passenger; Wallace, steerage waiter,
and a man-of-warsman on leave in the U.
S. S. Concord, name unknown. The man In
the bush on the island Is Frank, a welter.
Hancock thinks Frank will be found by the
Indians, who are looking for him. The
three men brought to Toquart are exhaust
ed. They are being cared for at the Toquart
$75,000 Fire at Schnectady.
| SCHENECTADY, N. Y.. January 26.?The
grain mill and elevator of Close Brothers
I was burned today, entailing a loss of about
I 175,000. \ X
DECIDED -ON A COURSE
REPORTED DECISION BY FRANCE
IN VENEZUELA CASE.
PARIS. January 26? President Loubet
presided today at a council of ministers
at the Elysee palace, in the course of which
it is said on good authority a decision was
reached relative to France's eventual action
toward Venezuela after Premier Rouvler
had given the ministers a complete expla
nation of the situation. The measures to
be taken have not yet been made known,
but It Is understood that the United States
has been advised of France's course of ac
tion, which is entirely approved at Wash
The steps to be taken against .Venezuela,
however, will rtot be made known until
France decides the moment to be oppor
Decided Upon Course of Action.
Special Cablegram to Tbe Star.
PARIS, January 26.?It is learned that
France has decided upon a course of action
with regard to Venezuela to which the ap
proval of the United .States has been re
ceived. Absolute secrecy is maintained as
to the details.
GERMAN AND FRENCH SPECIAL
ISTS IN PRIVATE DISCUSSION.
ALGBCIRAS. Spain, June 26.?Count Von
Tattenbacli and M. Regnault, respectively
the German and French specialists on Mo
rocco, today began the first of a series of
detailed private discussions with this object
of reaching an agreement outside the Mo
roccan conference. M. Revoil, head of the
French mission, and Herr Von Radowits,
head of the German mission, at their meet
ing yesterday, while most pleasant toward
each other, avoided touching upon anything
except the general ground. Von Radowitz
remarking at one point:
?'Well, you know, we could not let you
have the policing of Morocco."
"I am sure that we shall not ask for it,"
replied M. Revoil.
To Talk Over Disputed Points.
That was as near as the two diplomats
got to the main question, but they arranged
for M. Regnault and Count Von Tatten
bach to talk out the disputed points thor
oughly. Their subject today was a Moroc
can state bank, a question which probably
will be one of the next to come before the
conference after the problem of the taxes
is disposed of.
The conference now has four sorts of
activity?the Regnault-Tattenbach discus
sions, upon which most of the attention is
fixed; the subcommittee dealing with finan
cial reforms; the committee of the whole,
from which the secretaries are excluded,
and, flnaJly, the conference Itself. The en
voys are tiring of this quiet, coast town,
and already want to get away, but It looks
as though a mojith more will be required to
finish the work in hand.
Protection of Jews in Morocco.
Special Cablegram to The Star.
PARIS, January 26.?The United States
government, according to a dispatch from
Algeciras to the Eclair, has indicated a de
sire that the Moroccan oomference now in
session guarantee the protection of the
Jews in Morocco. It is generally feared,
however, the dispatch says, that if such a
guarantee were accorded it would be at the
risk of exciting an outbreak o* Mussulman
DISTRICT IN CONGRESS
DISCUSSING PROCEDURE IN THlf
EXTENSION OF STREETS.
Corporation Counsel E. H. Thomas and
Attorney A. Leftwich Sinclair appeared this
morning before a special subcommittee of
the House District committee, composed of
Representatives Olcott of New York, Tay
lor of Ohio and Kline of Pennsylvania, ap
pointed to draft a Will for a new system of
procedure on street extension cases. The
subcommittee will meet again next Tues
day and soon thereafter will report a bill
to the full committee. The measure intro
duced the other day by Representative Mor
rell of Pennsylvania will probably not be
considered by the committee, as in the opin
ion of Mr. Sinclair its provisions would not
stand the test of the courts.
An appropriation of $3,000 for lighting the
Potomac Park speedway by twenty-seven
arc lamps, 150 feet apart, between 14th and
17t'h streets, is covered by a bill introduced
in the House by Representative Bankhead
The Secretary of the Interior forwarded
to Congress today a request for an appro
priation of $00,000 for the construction of
an assembly hall at St. Elizabeth's. The
hall is much needed for entertainments and
The District Commissioners forwarded to
Congress today a supplemental estimate of
$1,500 for postage for the District militia
for the ensuing fiscal year, the item having
been inadvertently omitted from the regu
TO REPORT STATEHOOD BILL.
Prompt Action by Senate Committee on
The Senate committee on territories lias
agreed to report favorably the statehood
bill as passed by the House. Some minor
amendments have been made to the bill.
A STORM COMING.
Disagreeable Weather May Be Looked
for After Tonight.
A South Carolina storm Is moving on to
Washington along the South Atlantic sea
coast. and Prof. Garriott Informed a Star
reporter late this afternoon that this city
will experience generally disagreeable
weather during the ensuing twenty-four or
possibly thirty-six hours. The Introduction
of the etorm may b? a fall of snow, which
will be followed. It Is believed, bj?i dreary
midwinter rain, which is expectedUo reach
Washington tonight. The official tempera
ture here was 34 degrees late this after
noon. and It la not expected to change
If House Passes Rate BM by
LOWER BODY WILL STAND
Solidly Against Senate When Measure
Goes to Conference.
AN INTERESTING SITUATION
Announcement of Proposed Policy
Will Cause Wide and Free Dis
cussion Among Senators.
The highly significant suggestion was
made today by <?ne of the House leaders that
if the railway rate bill is passed by unani
mous vote in the House as expected, the
democrats and republicans of the lower
body will stand solidly against the Sen
ate when the bill goes to conference and
insist upon the House bill being adopted
as the law.
It is well known, of course, that the
House bill goes farther in railway rate
regulation than the Senate now expects
to go, and that the railway interests are
depending upon the Senate to modify the
bill. All legislation is usually the result
of compromise, and the railroads look for
ward to having the bill shaped when it
gets into conference.
Point by House Leaders.
The point that is now being made by
the House leaders is that the unanimous
expression of the popular branch of Con
gress, voicing the direct sentiment of the
people and made more emphatic by agree
ment between the two great parties, would
give the House conferees the right to In
sist upon the agreement of the sentiment
to the House bill.
Insistence by the House conferees upon
this attitude will certainly provoke an in
teresting situation. The Senate is ^CI*^
prone to holding out for its own way. It
regards the House as largely the forma
tive agency in legislation, its duties being
to chop the timber iind rough hew it; the
Senate later to shape it into effective and
enduring form. It will be a new sensation
for the Senate to find the House daring to
suggesi that their action is the perfection
of wisdom. ,,
Of course this suggestion of the House
leaders does not carry the idea that the
bill -cannot be amended in any form, but
relates to the substance of the bill.
With all the verbiage of the bill and its
technical language, there are only a few
essential principles upon which the ultra
conservative senators and the House will
differ, and It Is these essentials that the
House leaders propose to insist upon re
taining in the bill.
An Intresting Situation.
It is a very interesting situation, and the
announcement of the proposed policy will
probably cause wide and free discussion
among senators. One thing the leaders
will have in mind, however, will be that
the situation snail not cause a deadlock
between the two houses and the possible
failure of legislation.
Some of the older statesmen in the House
are inclined to doubt the feasibility of se
curing a unanimous vote on the bill in the
House. Discipline has been restored in the
republican ranks, but revolt is still ram
pant In the democracy. It will be surpris
lng to these pessimists if the two factions
of democrats in the House agree te follow
their leader and unite to make a smashing
TO BE BURIED AT ARLINGTON.
Tentative Arrangements for the Fu
Gen. Joseph Wlieeier, whose death oc
curred In New York yesterday, will be
buried in the National cemetery at Arling
ton with the fuil military honors due an
officer of his rank?brigadier general of the
United States army.
A plot has been selected on the right of
the slope on the north front of the historic
Arlington house, where his body will finally
be placed at rest. The tentative program
provides that the funeral services be held
at St. John's Church in this city Monday
afternoon, the services to be conducted by
the rector of that church. Rev. Cotton
Smith. Chaplain Charles C. Pierce, I*. S. A
stationed at Port Myer, will assist In the
services at the grave.
The escort to be provided will consist of
troops from all branches of the services
Officials at the War Department are now
engaged In making the arrangements for
Alabama Wanted Burial.
NASHVILLE, Tenn., January 215.?A d!s
patch from Wheeler's station, Ala., Gen
Joe Wheeler's home town, says the place
is In mourning, and that there is universal
sorrow throughout the district which the
general so long represented in Congress
There is general d'isa.pT>ointment that the
old soldier will not ibe buried beside his
wife and son at Wheeler's station.
NEW YORK, January Ufi.?Funeral serv
ices for Brig. Gen. Joseph Wheeler, who
died yesterday at his sister's residence
Brooklyn, will be Held in New York Sun
day at St. Thomas' Episcopal Church. Rev
Dr. Ernest M. Stires, rector of this church
will officiate. The body will then be take
to Washington for burial Monday.
ADMIRAL BRADFORD RETURNS
It May Be Necessary to Put the Olym
pia Out of Commission.
Rear Admiral Bradford, on his flagship
Olympla, arrived in Hampton roads last
night from the West Indies. He was ac
companied by the Des Moines of his com
mand, leaving the Denver cruising in the
Windward passage, and the Cleveland
her way north from Guantnnamo.' All
these ships of the Caribbean squadron are
much in need of cleaning and repairs after
their extended tropical service, and esti
mates will be made at once by naval boards
of the cost of that work. The flagship
especially, is in bad shape, and it may
necessary to put her out of commission and
lay her up at the Norfolk navy yard fo
some time. Meanwhile Admiral Bradford
will be given another flagship, for he re
tains command of the Equadron for the
NEGOTIATIONS WITH COLOMBIA.
Full Powers to Act Given to Minister
Full powers have been given by Colom
bia to her minister at Washington, Senor
Don Diego Mendoza, to conduct the nego
tiations between his own country and the
United States regarding pending questions
growing out of the separation of Panama
from the UaKed States of Colombia. These
negotiations are being conducted in Wa?n
lofton. In a conversation this morning on
| the subject the Colombian minister said:
"I have seen with surprise a report pur
porting to come from Panama that the ne
gotiations between Colombia and the I'nlte.I
States are being conducted at Bogota. Much
Is not the case, let me say very emphati
cally. There are several questions pending
between Colombia, and Panama?one re
tarding the external debt of the two coun
tries and the other regarding the boundary
line. But neither of these questions Is con
sidered by Columbia of vital Importance.
There is a question, however, pending be
tween Colombia and the t nited Htates
which Colombia considers of vital and su
preme Importance. T have be.'ti lully com
missioned to conduct these negotiations at
Washington, and have already presented
my government's position to tlie I nit^a
States. When I have received an answ *r
I shall promptly advise my government,
and X hope t+ie negotiations nny proceed
without interruption. It Is confusing, how
ever, to have the report appear that Bogota
Is the scene of thi^e negotiations, for sucn
Is not the case, and It is this Impression
which I desire to correct. The negotiations
are being conducted In Washington be
tween the Department of State and the
Before coming to this country as minister
Senor Mendoza made a thorough study or
the Isthmus in all of its phase*. and in fits
own country is considered an authority on
FIRST JAPANESE AMBASSADOR.
Mr. Aoki Will Leave for This Country
Late in March.
Mr. Hioki, the charge d'affaires of the
Japanese legation, today announced the re
ceipt of advices from Tokio stating that
Ambassador Aoki will leave for this coun
try the latter part Of March, arriving in
Washington befort the first of May.
CHAIRMAN SHONTS HEARD.
| Executive Session of Senate Inter
oceanic Canal Committee.
Chairman Theodore P. Shonts of the Isth
mian canal commission today began his
testimony In the Investigation which is be
ing conducted by the Senate committee on
interoceanic canals. He made a general
statement of the conditions he found on
the isthmus in regard to the housing and
feeding of laborers. He asserted that it
was his opinion from the start that the
canal commission should feed its laborers,
but that several older mtyi in the isthmian !
service believed in t)>" contract system.
Prices for ail foodstuffs were high when
the present commit, ion took hold of af
fairs on the isthmus, said Mr. Shonts, and
he then told of opening the commissary
.department to the laborers in order to rem
edy these condition.?. The commission took
over the hotel and built temporary quar- 1
ters prior to letting the contract to Markel
& Son for the feeding of the men, said Mr. j
Shonts, and the result was to demon
strate that the commision could feed the |
men satisfactorily, if not so elaborately,
fts would have been done under the Markel
contract, at a cost far less than under the
contract plan. In consequence of this show
ing, said Mr. Shonts, the contract with
Market & Son was canceled.
He was no: asked concerning the pay
ment made to the Markel firm as compen
sation for troub'.e and expen-e incurred in
arranging to take over the feeding of the
canal employes. At thy close of the fore
noon session Senator Millard, chairman of
the canal committee, entertained Mr.
Shonts, Auditor Benson and Purchasing
Agent Ross at luncheon.
His Remarks on the No-Pass Position
Fail of an Encore.
Former Representative Baker of Brook
lyn, the no-pass statesman and firebrand
of the Fifty-eighth Congress, was a recent
visitor to the Capitol. Mr. Baker spent
some time oji the floor, and among those
who greeted him warmly was Representa
tive I,ittlefield of Maine. It was the latter
who, every time the Brooklyn representa
tive charged full tilt at windmill, i>on
Quixote fashion, stuck pins in his steed and
then sat back and laughed at the resulting
runaway. Mr. Baker seemed to find some
amusement out of the fact that on the rail
road pass question his former colleagues
are, through no fault of their own. In the
same position that he voluntarily assumed.
His gladsome remarks on this subject did
not seem to make a pronounced hit.
DATE OF INAUGURATION.
Commissioner Macfarland Argues in
Favor of a Change.
'Commissioner Macfarland appeared today
before the House Judiciary committee to
urge the passage of the measure looking to
a change in the date of Inauguration day
from March 4 to the last Thursday in April.
Mr. Macfarland advanced the usual argu
ments concerning comparative weather con
ditions, and recalled that-many prominent
men had died as a result of exposure to the
elements on March 4.
No Idea Held of Selling the Islands to
The following telegram has been received
by the Secretary of War from Governor
General lde at Manila:
"Natives much disturbed by cable stat
ing Ambassador Wright has been author-1
Ized to negotiate sale or Islands to Japan.
Authentic denial from you might be use
To which the Secretary of War replied
"The cabled statement referred to in your
telegram lias not the slightest vestige of
truth. It Is not only untrue, but ab
Militia Withdrawn From JaiL
CHATTANOOGA.Tenn., January 26.?The
mllltla"w8S today withdrawn from the coun
ty Jail, which was stormed last night for
the third time In its history by a mob in
tent on lynchltjg a negro held for assaulting
a white girl. The jail was damaged to the
extent of $1,003. E. D. Johnson,- the man
the mob was after, Is said to have been
taken by Sheriff Shipp to KnoxvMle.
Snow this afternoon op
tonight; tomorrow snow, fol
lowed by fair iu the after
TO WAIVE 8-HOUR LAW
Proposed Provision of Urgent
OPPOSED BY MR. WILLIAMS
Previous Question Ordered by 153 to
AMERICANS ARE NOT AFFECTED
Resolution Reported to the House by
the Committee on Rules?Republi
cans Warned by Minority Leader.
After twenty minute* spent in an unsuc
cessful attempt to get consideration of Mr.
Mann's (111.) general brlchro bill, the House
postponed pension day until tomorrow for
the purpose of completing the urgent de
Uefore taking up the bill a resolution was
reported from the committee on rules mak
ing "In order" In the bill the provision
waiving the eight-hour law on the Isth
mus of Panama, amended so as to apply
only to alien labor. In reporting the rul?
Mr. Dalzell demanded the "pr? vious ques
tion." which, if ordered, would luive pro
vided twenty minutes' debate on each side.
Mr Williams, the minority leader, desir
ing. he said, to discuss the question of or
dering the previous question asked for
seven minutes in addition to the twenty.
This Mr. Dalzell refused, whereupon Mr
Williams made it necessary to call the roll
of the House on the motion.
Previous Questicn Ordered.
T he roll call resulted in ordering ths
previous question 1.V1 to us. Mi Dalzell,
In discussing the rule, said there* were con
trolling reasons why this amendment should
be considered at this time
Mr. Elttauer. who followed, sail the pur
pose of the rule was to give the House
an oportunity to express itself on the ques
tion of waiving the eight-hour law for
alien laborers on the canal. The inability
to secure a sufficient force of unskilled
labor on the work, lie said, was one cause
"Is not the purpose of all this to do the
work by Chinamen?" asked Mr. McNaiy
'The Chinese exclusion act controls that
question," replied Mr. l.ittauer.
"Does that act apply to the canal zone?"
' I think it does."
"I think it does not," concluded Mr Mc
Replying to Mr. James iKy.) Mr. l.ittauer
declared: American laborers cannot work
there, and if they should the eighl-liour
law would apply to them' He indicated
that this class of alien labor would get
the same daily wage for ten hours us they
now get for eight hours.
Mr. Clark asked when the Chinese ex
clusion act was applied to the canal zona.
Mr. Littauer admitted he was not fully
"Is It not proposed to allow <""hln??- to
Mr. Tawnev said while there hid been no
ruling on the subject, Chinese were mit al
lowed to go to the canal zone
Warned by Williams.
Addressing himself directly to Speaker
Cannon, Mr. Williams began his castlgation
of the proposition by saying: "Either the
republican party, of which you. Mr. Speak
er, are the most distinguished chief outsldo
the White House -(applause)-is guilty of a
hypocritical policy or it is not. It lias
flaunted itself as supporting our entire fis
cal system and to maintain American
standards of hours and wages?and yet, at
the very first opportunity that presents it
self, the republican party, represented by
you and the committee on rules, the other
two members of that committee- tlrosvenor
and Dalzell?being perhaps the abh s: men
and most typical republicans in this House,
bring in a rule to do what? To let th<?
United States, as an employer of labor, set
the ex imple of defying and dispensing with
its own hours of labor."
Mr. Williams siid he had predicted that
"one more drop will overthrow the cup of
your insolence?and this is about that drop
that will do it."
The efforts of Mr. Williams were seconded
by Mr. Fitzgerald (X. Y I and Mr. I'nder
The Rule Adopted.
The House finally voted to adopt the rule.
Dilatory motions were made by the mi
noritj to prevent the further consideration
of the bill.
MINISTER RUSSELL SUCCESSFUL.
Has Restored Friendly Relations Be
tween Colombia and Venezuela.
In a cablegram from Caracas dated Janu
ary 2.1 and received at the State Depart
ment last night United States Minister Rus
sell reports that he has ptacticjlly suc
ceeded in restoring friendly relat ons be
tween Colombia and Venezuela. Tnes< were
strained through the escape of a rebel
Venezuelan general across the frontier Into
Colombia with the consequent tardiness of
the Colombian authorities in s:it:sfyln*
Venezuela's demand for the g'lieral's ex
Mr. Russell's cablegram, it J? said, throws
no light on the Franco-Venezuelan ?
CONTROL OF RAILWAY RATES.
Consideration Resumed by Senate In
terstate Commerce Committee.
The Senate committee on interstate eom
merce today resumed consideration of rail
way rate legislation. It lias becom ? appar
ent during the past few days that the lines
between the supporters of different meas
ures are being sharply drawn, ai d that the
contest is to be fought out between the
Dolllver-Clapp bill, which closely follows
the recommendations of the President, and
the Foraker or Elklns bills, which are fa
vored by the so-called conservative element
of the committee.
Senator Foraksr explained his bill foi rate
legislation. There were many questions
asked, and he Undertook to make rlear the
exact manner in which the hill would op
erate and to explain features of the bill to
whic.. his attention was especially called.
Senators Dolliver and Clapp at the close
of the session said that they wished to ask
some further questions, and it was agreed
that another meeting of rh? committee
would be held before the regular meeting
in order that they might have an oppor
tunity to do so.
It is not likely that the bill will be re
ported until the House bill has been dis
posed of, as the committee of the Senate
has considerable work yet before It before
its members are ready to vote. Senator
Elkins will occupy tome time betore the
committee in explaining his Ideas on the
subject of rate legislation.
The committee voted to report that to the
Senate the Penrose railroad employee'
liabUlty bill with the recommendation that
it be referred to the committee on Ju
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