first contained. In substance, the provisions
on this subject of the present constitution),
and Its language was embodied In tho code
of local laws of 1WI. On this point the
court of appeals says ('t2 J4d.. p.
" "It Is very clear that. after the adoption
of that constitution, the legislature had no
power to appoint a justice of the peace, nor
could they vest judicial power In any other
officer except such as were enumerated in
the first section of the fourth article of
the constitution. When that constitution
was adopted, therefore, it stripped the
mayor of the judicial power or jurisdiction
appertaining to the office of a justice of
the peace, which hail been conferred upon
him by the act of 1S4T; and it is equally
clear that such jurisdiction could not, constitutionally,
be conferred upon him by the
coae o i j "sl?'
"The r.nsi* of Attorney General agt. McDonald
(3 Wis., jrnj) is likewise precisely
In point and several other decisions of
state, courts of last resort might be cited to
show that such legislation is clearly unconstitutional.
"If the view of the Maryland law above
suggt'stel !? correct, it follows that the
mayor of Glen Echo has no jurisdiction to
Impose or collect tines, since the provision
of the charter professing to give him such
Jurisdiction is Inoperative by its terms, and.
If It were operative, wouid be unconstitutional.
It would sj-em tiiat persons w.'io
have been compelled to pay such fines,
when under arrest and threatened with
Imprisonment, aae entitled to recover back
the same, either from the mayor him.-e'.f I
or from the town of Glen Echo. ;f the
money lias be-on (as I understand to l>o the
case) pahl into the municipal treasury.
Whether it would Jt>e practicable to arrange
a satisfactory test ease to determine
his authority in the premises is not
altogether clear, but. in any event, proceedln.ss
for this purpose could be instituted
onlv In the courts of Mary'-and
Jurisdiction Over Conduit Road.
"It appears from the papers transmitted
with your letter that your inquiry relates
to certain matters of much broader scope
than the jurisdiction of the mayor of Glen
Echo I understand from these papers that
you desire advice as to the jurisdiction of
the I fulfil htates ana tne powers conrerrea
upon your department with respect to so
much of the above-mentioned 'Conduit
road as lirs within tlie limits of the state
of Maryland.
The Attorney General then reviews the
acts of Congress for the Conduit road, and
says:
"In 1932 and 1S5JI the Congress authorized
and made necessary appropriations for the
construction of works to furnish the cities
of Washington and Georgetown an abundant
supply of water and for the acquisition
of such lands as might be needed for
these purposes. In 18.13 the legislature of
Maryland passed an act whereby it was
provided that 'consent is hereby given to
ine united stales to purchase such lands
and to construct sucli dams, reservoirs,
buildings and other works, and to exercise
concurrently with the state of Maryland
such Jurisdiction over the same as may be
necessary for the said purpose."
"Large sums of money were from time to
time appropriated by the Congre&u for tho
completion of the works connected with
this water supply, and by an act approved
March 3, 1V.S), the President was directed
to 'place the dams, aqueducts, water gates,
reservoirs and all fixtures and Improve
merits connected therewith, together with
the lands, houses, fencing:, water and other
rights and appurtenances connected with
the same and belonging to the United States
under the Immediate care, management and
superintendence of a properly qualified officer
of the United States Corps of Engineer*.'
"The same act forbade any pollution of
me waier supply under penalty ol fine and
Imprisonment. In none of these acts Is
there any authority to make this road,
but in 1871 $10,000 was appropriated for
'macadamiz'ng the top of the conduit now
used as the main road to 'Washington.'
In fzkct a rA'l .1 Kl a rl Kaon r>Anui?iiAK./1 ?
number of years previously over or in
close proximity to the conduit, to aid In
building the latter and the other works
and afterward in keeping them in repair.
"It would seem that the use of ihis road
as an approach to Washington has already
become general among the citizens
of the neighboring districts of Maryland
prior to 1871. and macadamlsatlon of the
surface was then recommended to prevent
possible injury to the masonry of
the conduit by reason of deep ruts in the
said road, caused by heavy vehicles passing
over It In rainy weather.
Highway Never Authorized.
"No federal statute appears to have
been ever passed declaring this >-oad a
highway or even expressly authorizing
tt? construction, but for more than forty
years the road appears to have boon, in
fact, used notoriously for highway purposes.
"The land in which the conduit is lai'd
ani over which the road runs has been
throughout purchased by the United States
in fee, and neither the state of Maryland
nor Montgomery county nor the town of
Glen Echo nor. so far as I am aware, any
other authority, corporation or individual
has contributed t othe cost of the .oad's
maintenance and repair, all of which has
bwn defrayed through liberal appropriations
mad" by the Congress. The road i's,
for about eleven miles, within the limits of
tlx* state of Maryland, and. for about one
mile, within those of the town of Glen
Echo.
"Article 1, section S. of the Constitution
provides that the Congress shall have
power to exercise exclusive legislation in
all cases whatsoever over such district (not
exceeding ten miles square) as may, by
cession of particular states and the acceptance
of Congress become the seat of
the government of the United States, and
to exercise like authority over all places
purchased by the consent of the legislature
of the state in which the samo shall
be. for the erection of forts, magazines,
arsenals, dockyards and oth.?r needful
buildings.
Power Vested in Congress.
"There can be no question and. so far as
1 am .-.warp, none his been raised that the
word 'building' in this passage is used in
a sense sufficiently broad to include public
works of any kind; but it has been susgested
that, inasmuch as the works specifically
mentioned are all of a military character,
lands cm thus be acquired only for purposes
'needful' to the national defense.
While this view is not wholly unsupported
by authority, it is in conflict with the opinion
of my predecessor in the matter of the
xsew lurK post omce site, hereinafter cited,
and to which reference is made, with approval.
by the Supreme Court in the Leavenworth
rase, mentioned !nfra. as well as
wi'.n tlie weight of authority in the state
courts, and. in my opinion, th^s provision
of the Constitution contemplates the purchase
of land 'needful.' for any reason, to
thr discharge of any of the constitutional
duties or the exercise of any of the constitutional
powt rs of the I'nited States.
"In this caae consent of the slate of
Maryland was clearly given to the purchase
<>f the land. and. if the land was acquire.]
for a 'needful' purpose, as thus
contemplated !>y artii It* 1. section S of the
Constitution, it seetr.s clear that the power
of legislation ov.-r such land vested in the
Coc??r?s.s as soon as It was acquired with
?uch consent. In the language of the Supreme
Court iFort l.eavenworth Railroad
RooiKtnv vs I.owe lis 1* S ""
"When the title Is acquired hy purchase
l>jr consent of the legislatures cf tile slates. |
the federal jurisdiction is exclusive of all
stat.> authority
'Th s follows from the declaration of the '
Con^ltutio-i that Congress shall have Ike .
authority' over such places as it has over I
the District. which is the se.it of govern- |
menf; that is. the power of 'exclusive i
1st! on in p.ll rases whatsoever 1 Broader or
Clearer lar.K>ia?e could not l>e used to exclude
a!! other authority than that of Congres.~
and that no ther authority can be
ejerris.-d ovi'r them has l?ei-n the uniform
o;>iii'>>n of federal and state tribunals and
of she Attorneys General
Any Restriction Void.
"It is Immaterial to inquire whether the
Iey.?!ature of Maryland meant to impose
an> restriction or limitation upon its c?;s lon
of jurisdiction by the act of 1MJ3.
abov iiuoted. for the consent of the st?:te
to the purchase beinj? once Riven, the cession
takes nlai-e by virtue of the fonstitu
tloii itself. and any attempt to impose a
restriction t.y tl.e legislature would be unconstitutional
and. therefore, void.
"t do not think there is any room for
doubt that, in this case, the consent to the
I?urri us.- was Riven; and. such beinK the
caw. I have only to inquire whether the
purpose f ir which tl.e land was purchased
cam ' within the terms of the Con stit'.Jtion.
"The framer* of the Constitution. having
provided for a seat of government for the
ITulon. must be iiresumed to have anticiI>ated
the reasonable a;:d necessary consequences
of such provision, oils beins? that
a ror.silerahle population, including l*rge
numbers of persons engaged in the work
Of government, would be collected together
wtth'n the territory to be acquired for this .
purpose; and. as this territory was to be of
very limited area, they must be further |
presumed to have ant-cipated that works
Indispensable to the welfare of its inhabitants.
and necessarily under the control of
its government (which was to be likewise
the government of the Union), would have
to be erected within the territory of the
neighboring states.
"An abundant supply of pure water being
a necessity of life, 1 think it is clear that
the reservoirs and aqueducts and other constructions
appurtenant to such water supply
are to be considered "needful buildings'
within the terms of article 1. section
N of the Constitution; and. since a roadway
is an appropriate and -cessary nppurtenance
to works, hpinir rennireri to nf
ford access to them on the part of those
intrusted with their management, superintendence
and repair. I think the Conduit
road constitutes territory within
the exclusive Jurisdiction of the Congress.
and that the legislature of the
state of Maryland has no jurisdiction over
any part of it. I see no material distinction
between this question and that Involved
in Commonwealth agt. Clary (8
Mass.. 7J>. in which it was held that a
proviso to tne effect that civil ami criminal
processes might be served by the officers
of the commonwealth of Massachusetts 1
within the territory of the arsenal at
Springfield did not give the state courts
jurisdiction to punish an offense committed
within the territory in question.
Conduit Road as a Highway.
"There remains to be considered the
question whether the roadway over, or in
proximity to. the aqueduct, known as the
'Conduit road.' constitutes a public highway.
and this question I answer in the
negative. It Is true that the Congress. In
providing for the macadamization of a portion
of this road, appears to have recognized
that it was. in fact, very generally used |
as a roadway by the Inhabitants of the
neighboring district of Maryland, but I do
not think thi: incidental reference to the
usa of its property, allowed by the government.
as a matter of grace only, to the
residents of the vicinage, can be reasonably
construed as a dedication of the road to
the public use. A highway could not be
'needful' for the purpose of providing a
water supply to the seat of government.
As a means of acc:ss to the waterworks a
roaa niignt come within that designation,
but it was certainly unnecessary that the
means of access thus afforded should be
open to the public generally. Nor can any i
such right be claimed on the ground of
prescription.
"I think the legal residents of tiiis road- 1
way are similar to those of a so-called
'street' in a navy yard or arsenal. It was
constructed for the benefit of the govern- i 1
ment and not of the public generally, and (
the fact that its use by many of the public
may have been tolerated for a long time
does not prevent the government from re
sincung or even lorDicifling such use should .
this course seem advisable. 1
"While the use is permitted, however, it i
would seem that it ought to be permitted
under reasonable regulations, and I see no
reason to doubt that the officer under whosa i
superintendence and control the road has j
been placed by the President. In pursuance
of the act of Congress of lSCMt. may '
prescribe such regulations In the absence ,
of any federal statute regulating the subject-matter.
He has. Indeed, no power to
fine or Imprison "r otherwise punish per- ]
sons who may violate thes?> regulations,
but he can exclude them from the use of
the road If they are disorderly or refuse to I
recognize his authority, and such military (
force may be appropriately placed under
his command as will insure obedience to i
his orders."
Mayor Garrett, when informed of the opin- i
ion of the Attorney General, consulted (
State's Attorney Peter and was advised
by that official to refrain from making any i
statement until the full text of the opinion |
was received and read.
i nave notmng to say,'" said the mayor 1
to a Star reporter, "until we have read (
the decision. However, until we are satisfied
we are in the wrong the ordinances
of Glen Echo will continue to be enforced <
as in the past.
"They may he able to show us we are '
wrong, but I don't believe It."
,, 1
END IS NOT IN SIGHT !
)
PROSPECTS ABE THAT LABOB
TROUBLES WILL CONTINUE.
A meeting of the board of governors of
the Employers' Association is being held ]
late this afternoon, and it is said that the j
journeymen bricklayers are expected to ask
for a conference with the employers this
ovanincr T t nroo alar* o n
V ?k nu>3 uiov f IULCU null IIIC IIU13"
ter sheet metal workers have adopted what
is regarded as an open-shop resolution. (
They state that as arbitration has proved
to be a failure as a solution of the labor
problem, they reserve the right to employ
competent sheet metal workers whether
they be union members or non-unionists.
It was stated that there is not yet In
sight any solution of the existing labor
troubles. ,
Meeting of Mechanics' Council.
One of the features of the weekly meeting 1
of the Building Trades Mechanics' Council
last evening was an address by John ri. 1
Brinkman, late president of the Central
I^abor Union. He spoke with reference to
the present building trades situation, outlining
the action of the committee and the '
co-operation it expected from the council, i
The speech was applauded and Mr. Brink- i
man was given assurance that the policy <
outlined by him would be followed. 1
Announcement was made Uhat the com- 1
mittee of ten appointed to give consideration
to the tangle in the building trades
will meet at 8 o'clock next Saturday evening
In Mr. Brinkman's office to outline and
carry Into effect a plan of action.
The statement was made that D. J. Bradley.
one of the [international officers of the
Plasterers' Union, arrived In the city yes
teruay. uc siatea that the local plasterers'
union, much to his surprise, was stronger
than it had ever been since its organization:
that in former years it had been one
of the strongest in the building trades, but
the fact that the ligiht of the employers for
the open shop had been centered upon it '
has brought the men together, petty grievances
and differences had b?en settled, and
the union had only increased in strength. 1
A meeting of the arbitration committee
of the executive boards of the Bricklayers'
I'nion and the Master Bricklayers' Association
was also held last evening, and It
was said one of the master bricklayers was
called before the committee on charges of
having violated his contract, but no de
cision in the matter was reached.
What Mr. De Nedrey Says.
Editor Sam De Nedrey of the Trades
Unionist, in discussing the building trades
situation, says:
"The disposition of a certain element in
our city to find fault with the determination
of the building trades to protect themselves
from the onslaughts of those whose
real motive in encouraging the lockout is
to destroy labor organization is hasty and
unwarranted and. casting a manufactured
and agitated prejudice aside, it would be
no trouble to convince them. The building
trades have been 0:1 the defensive in this
matter all the way through, asking for
nothing, only to be let alone and allowed
in conduct their affairs and protect their
capital?union card?in the same manner
as In > ars gone by. Every man Jack of ,
them stands ready to go back to work at ,
a moment's notice, protection having been
guaranteed them.
"The -fTorts of the 'Employ*rs' Association'
to make it arpear that mechanics desire
to retard the progress of building in
the District of Co'uiniba is not only unfair,
but most silly, and a perusal of their proc- *
lamation charging such to he the cu.se em- i
pliasizes the statement. The responsioillty :
for the existing condition of building af- .
I.His resis upon tne 'Kmployers' Assoclation.'
and r.ot the mechanic, who Is an*inus
at all?times to sell his labor, but who '
believes. and jusHy. too, that he ha.< a right 1
to specify how he sha.'l deliver it. I>et the
employers treat with these men at least '
on the assumption that they are intelll
Kent?ami they are?and they will rind that
they are not only intelligent, but far bet
ter informed on the question of economics
than those who by sneers and innuendo
would have the world believe they were
dealing with an infer or class of mortals,
and?let's don't get excited."
Admitted to Naval Academy.
SixN'ial Dispatch to Th?? Star
ANNAPOLIS. M?l., July 10.?I,ervis W. ,
Comatock of Cleveland. Ohio, and John Fi.
Kwalil of VVytheville, Va., were admitted
to the Naval Academy this morning as
midshipmen. |<
AFTER TOBACCO MEN
Uncle Sam to Probe Alleged
Trust Conspiracy.
PETITION IS FILED TODAY
Action of Assistant Attorney General
at New York.
CRIMINAL PROSECUTION LIKELY
Sherman Law Under Which Suit Is
Brought Points Serious Offense.
Allegations in Papers.
Special Dispatch to The Star.
NEW YORK, July 10.?The only action
taken by the federal government today In
Its suit for the dissolution of the so-called
tobacco trust was the tiling with the clcrk
of the circuit court of the formal bill of
complaint against the defendant companies.
The action, which is directed principally
igalnst the American Tobacco Company, in
duties as wen tne imperial Tobacco Company,
the British-American Tobacco Company,
the United Cigar Stores companies,
and at least flfty-nine other smaller cor^
porations.
The petition was formally liled at 11:10
j'clock with Commissioner Shields as clerk
jf the circuit court.
A United States marshal will notify each
of the defendants of the institution of the
suit. From that time the defendant companies
have until the ttrst Monday in August
to make answer to the complaint.
I'lie Interests of the federal government
will be represented by Assistant Attorney
General Purdy, Judge J. C. McReynolda
ind Edwin P. Grosvencr.
Mr. enirt this mornino- that ton
much prominence had been given to the
[act that in its complaint the federal government
asked for an appointment of a
receiver for the defendant companies.
"In every equity action," he said, "a
jreat number of forms of relief are suggested
to the court. This was the method
followed in this case. Among the means
it relief suggested is the appointment of
i receiver for the defendant companies.
The chief obiert which is sought, however.
is the granting of an injunction restraining
the defendants in what we consider to be
illegal acts. I am inclined to believe that
too much prominence has been given to the
fact that the receivership is mentioned as
sne of the possible forms of relief."
When told of the statement made by Spe
:ial United States Attorney Jolin <J. JlcReynolds,
in charge of the prosecution of
the so-called tobacco trust, to the effect
that a criminal prosecution of the principal
people connected with the trust was highly1
probable Attorney General Bonaparte said
today that that phase of the matter has
been and still was under consideration by
the department. No decision, however, has
been reached and no announcement could
be made at this time regarding it. It seems
more than probable that if any criminal
action U begun at nil It will only be after
the trial under the present bill of complaint
la concluded or until It has so far progressed
as to warrant such proceedings.
KEMP IN THE CITY?
THEORY THAT ABSCONDER IS
"PTinTTnTP.n nv
Inspector Boardman said this afternoon
that he had received no responses from
the circulars that had been sent out requesting
the arrest of James Arthur Kemp,
the absconding chief clerk of the police
department. He had received a number
of suggestions, however, and was paying
some attention to them. One suggestion
was that the missing man had probably
t?oarJ?d a fruit steamer at Baltimore or
Philadelphia and gone to Bermuda, but no
Information was obtained which v.ould assist
the department in showing that he had
nciuauy gone upon sucn a steamer. it war
ilso suggested that Kemp ia under cover
In this ctty and that a few of his Intimate
friends are looking after him.
Suicide Theory Abandoned.
The suicide theory has been abandoned
by many of his friends, although there
are some who think he is prepared to take
his life in the event of finding the police
have him cornered.
Outgoing steamers are being watched,
but no thought has been given to the
tramp steamers by the police. They will
be looked over, however, and every effort
win oe maae oy me ponce department to
ascertain tf the missing man lands at one
of the islands of the West Indies.
Claims against Kemp's farm continue to
be filed, and It is stated that a number
of persons in this city who loaned Kemp
money are likely to file claims. Some of
them are considering the proposition of
having Kemp declared a bankrupt, believing
most of his assets would be thrown
Into a common fund and that all the
creditors would have even chances of getting
something.
New Clerk Sworn In.
Mr. Edwin B. Hesse, the new chief clerk,
was sworn in yesterday afternoon by Inspector
Swindells. He gave bond in the
sum of $0.00) for the faithful performance
of his duty and entered upon his new duties
this morning. The deeds of the former
chief clerk, it is said, will result In an entire
change being made in the method of
handling the relief funds of the department.
In all probability Maj. Sylvester
will adopt the plan which was adopted by
ft. W. Dutton. when the latter was chief of
the fire department. When he became
of thfir*-* ilpn:)rtmunt (Vio furwla
handled about as they have been handled
In the police department, but Chief Dutton
realized the danger of somebody being
tempted and changed the plan. As the lire
department money is now handled It requires
the signatures of three officers of
the association in order to get any funds
from bank.
To Replace Belief Fund.
Maj. Sylvester lias received a number of
jffers on the part of business men to assist
n the matter of providing money for the
issistance of the four families that are enLitled
to the relief funds which were taken
)V k'pmn Thpir nffprs hrnmrht nhnnf a
number of suggestions as to how the money
might l>e raised without delay and a committee
In charge of the matter met yeateriay
afternoon. Several suggestions were
made and the committee decided to have an
athletic entertainment on the grounds of
the Washington Base Ball Club.
Foreclosure Proceedings Begun.
A dispatch from Roekville today says that
r?t the request of attorneys for Mrs. Mary
Kemp, wife of J. Arthur Kemp, Messrs.
Bnuic & Bouic of that place today Instituted
proceedings in the circuit court to
foreclose the mortgages on Kemp's property
held by Mrs. Alice A. Roulc of Roekville
and William C. Hoskinson of the upper section
of the counts*. These mortgages
:imount to Under the procedure in
this county the sales cannot take place unJer
three weeks.
.
HARRIMAN'S CASE TAKEN UP
CONSIDERATION BY THE INTEBSTATE
COMMERCE COMMISSION.
Endeavoring to Agree on a Beport to
the President on the
Matter.
The interstate commerce commission was
in session today and the Harrlman case
was again up for consideration. The commission
is endeavoring to get in readiness
a report on this case, so that it may go to
the President, and it will probably be transmitted
to Mr. Roosevelt through the De- i
partment of Justice.
It Is understood that the President has
kept informed on the Harrlman case and
is looking forward to the report of the commission
with a great deal of interest. That
report, it Is believed, will contain some
recommendations for action, which In turn
will be passed upon by the Department of
Justice.
At the request of the President, it is understood.
the interstate commerce commission
has forwarded to the President at
Oyster Bay a memorandum giving the substance
of the evidence collected in this case
by the commission. It is stated that the
President's request for a memorandum of
the evidence In the Inquiry probably was
at the suggestion of Special Counsel Kellogg,
wlio. it is understood, insists that Mr.
Harriman should be prosecuted for violation
of the Sherman anti-trust law in his
alleged manipulations of the linances of
the Chicago and Alton railroad. Several
members of the commission, it is said,
take the view that there is no way by
which the government can prosecute Mr.
Harriman for these alleged violations of
the law. Mr. Kellogg visited the President
in Oyster Bay yesterday, and it is thought
here that his visit may have been for the
purpose of urging the institution of proceedings
against Mr. Harriman.
BERRY DEALERS FINED
HEAVY ASSESSMENT BY JUDGE
KIMBALL FOR SHORT MEASURE.
On charges of selling strawberries In
baskets that were short weight and which
did not conform to the standards in the
office of the sealer of weights and measures,
Harry J. Rice and John H. Carter,
produce dealers at 93S Louisiana avenue
northwest, were before Judge Kimball in
the Police Court today. After examining
the berry baskets, which had the bottoms
bent upward. Judge Kimball fined the two
defendants J150 in the two cases.
"This is a fraud, a clear-cut fraud, intended
to cheat the customer," declared
the judge in concluding the case. "And
ttro mimt VinlH tViio mnn TohA n>IH? tKa
consumer responsible."
The arrest in the case was made a
couple of weeks ago, as stated In The
Star at the time, following a visit of Assistant
Sealer Schoenthal to the market
line. At that time, it was testified today,
he purchased a box of berries from Rice
and Carter, and in examining the box
afterward it was found that there were
two bottoms to the boxes, one on the outside
running straight across like any ordinary
berry box, the inner one humped up
in the middle, thus requiring fewer berries
to fill the box. Warrants were procured
for Rice and Carter and they put
1 It it n/v11n4r..nl ^
up ?xvv v. 'si i<> i< i cii iui iiicii ct|j|;traiaui;c 111
the Police Court when required. The trial
was continued until today.
Defense of Rice.
In his own behalf Mr. Rice testified that
he bought the berries in the same condition
that he sold them, and that he was
defrauded If the consumer who purchased
from him was. He stated, however, that
he did not sell the berries representing the
box to hold a quart, but simply by the box.
whatever It contained, and he said that wa3
the usual custom along the market line.
"Wo havo n lunr nrnliHiitinir tho ctila n f
produce in short weight, and under that
law the responsibility is on the man who
sells in the District of Columbia, no matter
how or from whom he bought," declared
Judge Kimball at the conclusion of the
testimony. "It is a man's duty to find out
that the things he sells are pure and full
measure; that they are in the quantity and
quality as represented to the consumer. As
a purchaser, we would think that we were
buying a full box of berries when we purchased
that box, but we do not get a full
box. It is a fraud, a clear-cut fraud, intended
to cheat the consumer. He gets
20 per cent less than he thought he was
getting. We must hold the man who deals
with the consumer?in this case Mr. Rice
and Mr. Carter. I would feel very much
disgruntled?to use a mild term?If I found
berries I bought in such boxes."
Attorney Campbell Carrington, who represented
the defendants, noted an exception.
to the ruling of the court, and an appeal
may be taken.
MERCURY SOARS UPWARD.
No Promise at Weather Bureau of
Cooler Weather.
After Its rest of yesterday the hot
weather got right down to business again
today, and is apparently trying to break
Monday's record. By noon the thermometer
at the weather bureau registered 80 degrees,
only two less than Monday's figures.
The mark at Affleck's was U3, against 95
on Monday.
There was little expectation at the
weather bureau that Monday's score of 93,
at 4 p.m.?90 at Affleck's?would be beaten,
but on tlie street few were so hopeful, an
expression of resignation struggling on features
bedewed with perspiration.
At Affleck's there was a disposition to object
to the sluggishness of the mercury. It
being declared that Washington is entitled
to 103 on at least one day in the month of
July, and if the weather can't do it by Itself
somebody ought to put a stove under It.
xl waa ct aictiuj cuuiu iur me uiermometers
all the morning. At the weather bureau
the ascent was regular, one degree
every half hour after eight o'clock. Downtown
there was a Jump of four degrees?
from S!) to i?3?between 11 o'clock and noon.
Vagrant zephyrs, that made yesterday's
breeze seem like a close-reef gale, moved
t hp air itist pnnntrh tn nntalUo
*. vu.?*cc; auu IU
whirl the dust where excavating is going:
on.
Still the weather bureau can offer no
promise of respite from the heat, and the
officials Imply, though they will not say
.directly, that the worst Is yet to come.
Records for Twenty-Four Hours.
The following were the readings of the
mermomeier una naromeier at tlie weather
bureau for the twenty-four hours beginning
at 2 p.m. yesterday:
Thermometer: July 9?4 p.m., 83; 8 p.m.,
79; 12 midnight, 74. July 10?4 a.m., 69; 8
a.m., 74; 12 noon. 86; 2 p.m., 87.
Maximum, 87, at 2 p.m., July 10; minimum,
68; at 5 a.m., July 10.
Barometer: July !>?4 p.m., 20.5K?; 8 p.m.,
29.S6; 12 midnight, 29.88. July 10?4 a.m.,
29.86; 8 a.m., 29.92; noon, 29.90; 2 p.m., 29.88.
Maximum temperature past twenty-four
hours, 87; a year ago, 85.
BIG C. E. CONVENTION.
Many Delegates Arriving at Seattle
for Annual Meeting.
SEATTLE, Wash., July 10.?With hundreds
of delegates already in the city, and
with more due today, the twvnty-third annual
international convention of the Christian
Endeavor Society began here yesterday.
Debates from every state in the
Unlor- nnJ from many foreign countries tire
in attendance. The city is decorated In
honor of the convention, thousands of
American flags and hundreds of green and
white streamers fluttering in the breeze.
The convention was ushered in last night
with the presentation of Handel's "Mess!a'
." Eight thousand people packed the
immense tent erected for the convention to
listen to the rendition of the oratorio.
MORE UNWRITTEN LAW
Probably Will Be Invoked in the
Bowie Trial.
CASE MUCH LIKE LOVING'S
?___
Adrian Posey Outlines the Course He
Will Follow.
SIDNEY E. MTJDD TO PLEAD
Little Town of La Plata Pilling Up.
Prospect of a Short But
Lively Hearing.
LA PLATA. Md? July 9.-Mrs. Mollle
Howie and her son Henry, twenty years old,
' were arraigned here this morning on the
charge of killing Hubert Posey near Indian
Head last February. Both pleaded not guilty
and the selection of the jury to decide their
fate was immediately commenced. Judges
Briscoe, Crane and Merrick are presiding at
the trial. The state Is represented by Col.
L. Allison Wilmer, while Representative
Sidnev Mudd and State Senator Adrian
Posey, a <"istant relative of the murdered
man, -appear for the defrudants.
As early as 8 o'clock this morning largo
crowds began to assemble in the courthouse,
and It was with difficulty the Judges,
defendants and attorneys made their way
to the courtroom. When the trial was begun
all available sitting and standing room
was occupied and the sheriff was instructed
to guard the door and keep other spectators
out. Shortly after court convened
Mrs. Bowie and her son had the Indictment
against them read aloud.
Each la charged with the deliberate and
malicious muraer or wuoen rosey. w nen
asked how they pleaded to the charge both
answered In a firm voice, "Not guilty."
Thirty-two veniremen, who were summoned
in order that the Jury might be selected,
filed into the room and were sworn.
Each was interrogated by Attorney Posey
for the defense and State's Attorney Wllmer
for the commonwealth.
The examination of the veniremen
dragged on slowly, most of them admitting
that they had come to a conclusion as to
the innocence of Mrs. Bowie and! her son
and confessing that very strong evidence
would have to be adduced to drive them
from that belief. As court will adourn
nhnnt .1 nVlanlt ft Is scarcely Drobable that
any steps other than the securing of the
jury will be taken In the trial today.
Judges Briscoe. Crane and Merrick will
leave La Plata for their homes on the afternoon
train, and the case will be resumed
at 9 o'clock tomorrow morning.
Although It is admitted by the defendants
anu .urn uuuiioti ina?. x woe/ ???* "/
Mrs. Bowie and her son. they will plead
as Justification and excuse the "unwritten
law." and It Is not improbable that some
expert testimony on mental disorders will
be heard. In addition to the pitiful story
which Mrs. Rowle will tell the Jury, Priscella
Bowie, the eighteen-year-old daughter
of Mrs. Bowie, In whose defense it is said
Posey was slain, will go upon the Htand and
narrate her story of the betrayal at his
hands. Miss Bowie appeared In court this
morning carrying on her arm a twe-monthsold
baby, of which Mr. Posey and Representative
Mudd will insist that the murdered
man was the father.
WEST MAXES A NEW RECORD
SCORE FOB 18 HOLES IN CLEVELAND
GOLF TOUBNEY 71.
CLEVELAND, Ohio, July 10.-A brisk
west wind was blowing up the course this
morning when the end round of medal play
for qualification for the national amateur
golf championship was started over the
Euclid links. The breeze was heavy enough
to Interfere somewhat with accurate play,
and fewer scores of 79 and under were
looked for today as a consequence. The
general Impression among players and golf
officials alike, however, was that a score
of 166 would be the outside figure to qualify
for the championship play beginning tomorrow.
A meeting of the officials of the United
States Golf Association will probably be
held today to consider the advisability of
appointing a committee to confer with
the officials of St. Andrews, Scotland, as
to a general revision and codification of
golfing rules. There are many minor
points of difference In the rules of the
game as played In the United States and
Great Britain, and the need of jjeneral
rules to apply to the game wherever
played has been felt for some time.
Secretary E. Fellows Morgan of the
United States Golf Association said this
morning that such a meeting would be held,
but that probably nothing would be given
out on it today.
National Champion Eben Byers played !n
better form today, accomplishing the flrsi
nine holes of the final eighteen In the qualifying
round In thirty-five strokes.
His card: 443 8 5453 4?35.
The wind died down as the morning wore
on, and toward noon it had little effect on
the work of the contestants.
Byers' card coming In was as follows:
In?5 4 3 5 4 5 5 5 6?12. Total, 77.
This makes Byers' total score for the two
days' play lfti, and makes It certain that
he will qualify.
West Makes New Record.
W. T. West, seinl-flnallst at Baltusrol In
1004. broke the tournament record today by
making the eighteen holes In 71. This,
with his card of 76 yesterday, makes his
total 147.
West's card today was as follows:
Out 34354402 4?33
In 2 5 3 4 4 4 4 *5 4?3(5?71
John Wrard, the former base ball player,
is among the sure qualifiers. His score today
was SO, which made his total 1well
under the tigures that are expected to mark
the limit.
John D. Rockefeller was again a deeplyInterested
spectator of today's p'.ay. Today
he trailed along with the crowd, watching
Chandler Egan and Jerome D. Travers.
commenting on their play and occasionally
expressing sorrow that his age barred him
from getting In with the rest of the boys
and scrapping for national honors.
Chandler Egan holed out a 25-foot putt
on the sixth green after a beautiful recovery
from the rough, and John D.'s straw
hat went almost as high In the air, while
he slapped the shoulders of a newspaper
man with vigor, the better to express hia
joy at the play.
Other Scores. (
Other scores follow:
J. K. Bole, Euclid, 79. total 163; Harold
Weber, Toledo, 80, total 15#; O. \V. Jones,
Toledo. 7K- total 1C?1 : T fi Stenhenson.
Brookkllne, 82, total 107; A. E. Austin
Tiamhton, Toronto. SO. total 100; George
F. Willett, Brookline. 88, total 172;
Daniel Chauncey, Garden City, 90, '
total 176; C. B. Fownes, Oskraont, 1
90, total 177; Lowndes Rhett. 90, .
total 178: J. A. Ellen. Pittsburg. <
total 186; John Ward, Fox Hills, SO. total
159; A. W. Tillinghast. Philadelphia, 85, (
total 186; Harold A. Sands, Palmetto. 81,
total 168; H. H. Betts, Royal Canadian, 88, 1
total 174; A. E. Adams, Mahoning, 88, total '
175; J. S. Beckwlth. Cleveland, 85, total
171; Richard Garlick, Mahoning. 94. total <
182; C. B. McDonald, Garden City, 86, total 1
175. i
RAILWAY'S REQUEST DENIED
MAY NOT USE LOCOMOTIVES ON
MILITARY RESERVATION.
Great Falls Road Given Until December
1 to Substitute Electric Motive
Power for Steam.
General Oliver, acting secretary of war,
has taken action, in a controversy between
MaJ. M. G. Zalinski, quartermaster, U. S. A .
and the Groat Falls and Old Dominion Kailroad
Company, respecting the use i y the
latter company of a part of the military
reservation of the t'nlted States at the
south end of the Aqueduct bridge, Alexandria
county, V'a., to connect Its tracks
with the single track across the Aqueduct
bridge. A few days ago MaJ. Zalinski
wrote a letter to Mr. T. J. King, general
superintendent of the railroad company,
calling attention to the fact that small
steam locomotives have boon used bv the
I company for motive power on the government
reservation, while the revocable license
granted the comp.uiy was for the
operation of an electric railway. MaJ. ZalinsKi
said tne use of steam locomotives
was dangerous, owing to the congestion of
travel on the government road over the
reservation and the probability o. frightened
animals doing damage. He also said
that the reservation on the west side of
the government road must be kept clear of
crossties, freight and other debris.
Superintendent King's Request.
In reply, tleneral Superintendent King
saitl that the use of steam locomotives for
passenger service was an .absolute neces
sity with the Great Falls njid Old 7>omlnion
company. Th^-se locomotives had been
used for more than a year wltnout any
objection, he said, and they are now used
for passenger service only when the electric
line is inadequate to handle the traffic.
said the locomotives used hard coal
ajid there was no smoke or other objectionable
features.
"For us to abandon this service at this
time without having any previous notice."
said the general superintendent, is a uistlnct
hardship, and will cause a great monetary
loss and inconvenience and disappointment
to thousands of people who wish to
go to the falls, and whom we are furnish
ing every raciiity we can. The work of
grading at this point .would have been
done some time ago, but we have been
pushed to the limit to complete the work
necesary to be done to complete the double
track and the work necessary t<^be done at
the falls. I respectively request that permission
be given to this company for the
continued operation of the locomdtivos for
passenger service. '
Maj. Zalinski's Recommendation.
In forwarding the papers to the quartermaster
general of the army Maj. Zalinskl
says: "The revocable license dated November
20, 1905, to the Great Falls and Old
Dominion Railroad Company grants authority
to construct and maintain an electric
road, and It therefore appears that I am
not authorized to grant the request of the
aaiu company xor permission 10 operate
small steam locomotives on the military
reservation at the south end of the Aque
duct bridge. Furthermore, in view of the
danger from the use of steam cars on the
reservation, owing to the congestion of vehicle
traffic on the government road at tnr
south end of the bridge and the probability
of frightened animals doing damage. It is
believed that the use of steam motive power
is prohibited by section 7 of the act of
Congress approved January 2, 1UU3. 1
therefore recommend that authority be not
granted to said company to operate said
steam trains o nthe military reservation,
but X do recommend that a reasonable
time, say sixty or ninety days, be granted
to enable the company to replace the steam
cars with ones operated by electricity."
Acting Secretary Oliver has returned all
the papers to the quartermaster general
with Instructions to inform the company
"that the department will not interfere
wun me use or trie sieam locomotives as
shown herein before December 1. 1907, but
their use from and after that date upon
the military reservation will be prohibited."
TO EXAMINE COL.AYRES
ARMY RETIRING BOARD DIRECTED
TO TAKE ACTION.
The following order was issued at the
War Department today:
"By direction of the President, I.ieut. Col.
Charles G. Ayres, 14th Cavalry, will report
in person to Brig. Gen. John M. K. Davis.
United States Army, president of an army
? 1 _l _ ? t- A ?m.r Vnni
tcuiiu5 uuaiu, ai 111c ni uij' uuiiuing, t rv
York city, on July 17, l'J07, for examination
by the board, and upon completion of his
examination will return to the place of receipt
by him of this order."
The detail for the board Is as follows:
Brig. Gen. John M. K. Davis, Col. Charles
A. P. Hatfield. 13th Cavalry; Lieut. Col.
William P. Evans, 11th Infantry; MaJ. Guy
Li. Edie, surgeon, and Capt. Sandford H.
Wadhams, assistant surgeon, with Capt.
William T. Johnston, 15th Cavalry, as recorder.
TUlr. mill mAlrA n
i ins uuatu nui uianu a iiivuiugu c.vamlnatlon
of Col. Ayres, physically and mentally.
with a view to ascertaining whether
he Is eligible for retirement because of deterioration
In either respect.
The Immediate cause for the order was
the publication recently of an Interview with
Col. Ayres, In which he Is alleged to have
criticised army methods and officials in
dtscussing the trouble between Mrs. Ayres
and the military authorities at West Point
over the "Easter cadet overcoat episode."
GREW STOUT IN JAIL
PHILIP GAINED SEVENTEEN
POUNDS DURING IMPRISONMENT
"I am through with liquor. No more
whisky for me." In these words Gaston
P. Philip, indicted for murder in connection
with the death of Frank MacAboy,
and yesterday released on ?'J3,000 ball, confided
to Deputy Marshal Springmann, during
their ride from the jail to the city hall,
Uir. .? lnn.l *1
ma uclci uiiiiaiiua iu iiuhlciui l 11 jcou L1113
simple life, or at least eschew the cup that
cheers.
Springmann called at the jail In a hack
for Philip, and together they drove to the
court house. While In the building awaiting
the convening of the court Philip was
weighed. He tiped the beam at 205^
pounds, showing an increase of weight
since his incarceration about six we^ks
ago of about seventeen pounds. Philip appears
to be in perfect physical condition. ,
and the jail confinement seems not to have i
affected him. i
Will Go to Cloverneck.
After the bail had been arranged Philip |
left the courthouse in company with his j
sister and brother, with whom lie is short- j
ly to leave the city for Cioverncck, N. V.,
which place he gave to the clerk of the,
court as his address.
The affidavit of Paul J. Pelz, the local
architect, which was attached to the application
of Philip for release on bail, related
to the architectural conditions of the
in which the trasredy occurred and
dill not touch on the character of the dead
man or show any knowledge of the proceedings
leading up to the shooting.
OCEAN STEAMSHIP MOVEMENTS.
I
NEW YORK, July 10.?Arrived: Steamers
Carmania from Liverpool; Grosser Kurfurst,
from Bremen; Kronprlnz Wilh.lm
from Bremen.
NEW YORK. July 10.?The steamer Siai-onia,
from Trieste for New York, was reported
by wireless telegraph miles east
if Sandy Hook at 8 a.m. Will probably
lock about 7:30 a.m. Thursday.
LIVERPOOL. Julv i).?Arrived: Steamer
raronia, from NVw York. (
BREMEN, July 10.?Arri%-ed: Steamer i
Kaiser Wilhelm der Grosae, from Now t
York. g
PLYMOUTH. July 10-Arrlved: Steamers h
3raf Waldersee. fro..i New York for Ham- t
aurg: Oceanic, from New York for South- t
impton. c
DEPOSITIONS_ALL IN ;
Verbal Testimony in Haywood
Case Recommended.
MOYER HAS NOT CONFESSED
?____ 4
Declared Positively No One Has Approached
Him.
POLITICS IN THE CASE TODA*
Attempt to Show the State of Public
Feeling in Denver During
the Peabody Regime.
ROISK. Idaho, July 10.?With the excep- k
tion of Charles H. Moyer, the president,
and William D. Haywood, the secretarytreasurer
of the Western Federation of
Miners, the defense in the Steunenberg
murder trial will today close its case in
direct.
/v yuinun ui me morning we?si"n navms
been given to the further reading of depositions
taken in San Francisco, two or three
witnesses will come up for e?camlnation.
Among these is Fred Miller, one of the attorneys
for William D. Haywood. Miller
acted as attorney for Harry Orchard when
the self-confessed murderer of Steunenberg
was arrested at Caldwell. According to
witnesses for the state. Miller, who urac
tiees at Spokane. Wash., sent a telegram to
Orchard when he was in jail at Caldwell
announcing that he was coming to his assistance.
This message, it ! charged, waa
in pursuance of an arrangement mado hy
Haywood that the Western Federation of
miners would defend the murderer.
So far the defense has not denied that
Miller was retained In the Interest of the
Western Federation. It is maintained that
3 * '1-- * -? - ?
ioj miuu wie telegram to Bliver City
when It was announced In the newspapers
that the Western 'Federation was concerned
In the murder and that It was their
custom to take up all matters where tlia
name of the federation was involved.
John Nugent, another of the attorneys
representing Haywood, was at the time of
Orchard's arrest practicing In Silver City.
Idaho, and he was consulted by the secretary
of the local union, who received Haywood's
message.
It is known that Miller visited Orchard
after his arrest and that he went to Den- *
ver to consult with the Western Federation,
afterward calling on Orchard at the
penitentiary In Boise.
At this time Miller bought Orchard a suit
of clothes and was acting for him. While
Miller was In Denver Orchard's confession
was secured by Detective Mcl'artland and
when this confession came out later Miller's
visits ceased. (
Witnesses in .Rebuttal.
About a scoro of witnesses who will b<?
called In rebuttal by the state have arrived
In Boise. They come chiefly from Idaho ^
and Colorado. The defense, having set up V.
the claim of counter-conspiracy on the part
of the Mine Owners' Association, the Citizens'
Alliance and the Plnkerton agency.
In furtherance of which they have Intro- ^
duced testimony to show the calling out of ^
the military in Colorado was unnecessary,
the state proposes to show that before the
military was called a number of terrible
outrages had been commuted and tliat lives
nrwl nmnprlv of miinv citizens liavinjz been
placed in Jeopardy duiing the struggle between
the federation and the mine owners
the calling out of '.he military was necessary
as a precaution.
Among the witnesses in rebuttal will be
Capt. McParland, the manager of tiie
western division of the Plnkerton National
Detective Agency. It is expected that his ?
testimony will be highly interesting, and
that the examination by the defense will be '
searching. McParland has been the object
of continual attack on the part of the defense.
He has been retained by the state
of Idaho ever since the arrest of Orchard,
and has been continually at work on the
case against Moyer, Haywood and Pettibone
since they were brought to Idaho
from Colorado.
The Moyer "Confession."
It la probable that the rest of the weclc
will be taken up with the examination of
Moyer and Haywood. The former goes on *
the stand today. Counsel for the defense
say that his examination will not be lengthy
and that he probably will be dismissed be- 1
fore the adjournment this afternoon.
Ever since the case against Haywood
there have been rumors of probability of a *
confession from Moyer. According to the
best possible information from a reliable
source there Is not the slightest foundation
for these reports. The statement has been
made that society women of iioise arc interesting
themselves in an effort to influence
Mrs. Moyer to secure a confession
from her husband. For such report there
is not the slightest foundation. It Is beyond
question that neither Mrs. Moyer nor
Moyer himself have been approached by
any persons in Boise with a view to intiuenclne
the case. A statement to this effect
is authorized by counsel for both sides and
by bota Moyer and liis wife.
John Tierney Called. ,
When the trial opened this rr.ornills'
Senator Borah read the cross-examination
in the deposition of W. A. Abernathy,
a contractor and former miner in the
Coeur d'Alenes. who declared ne heard
Harry Orchard say lie would "get" Gov.
Steunenberg some time. This wis the
last of the depositions which had occunii?fl
the rnurt since Monday.
When the reading of the depositions was
concluded John X. Tlerney, a newspaper
correspondent of Denver, was called by the
defense. He testified regarding the political
situation in Colorado in li*?l and 1!)05. i.
when it Is alleged that attempts were made
on the life of Gov. Peabcidy and Supreme
Court Justices Goddard and Gabbert. TVrney
said he was a candidate for the legislature
in 1!K>4. Asked if he was elected on i
the face of the returns, but not al- t
owed to take his seat, there was an oblection
from the state, and the witness was
lot allowed to reply.
Tierney next was asked what the public
'online in t hf? pitv nf Ibnvor araa n_? ii^Mlnxf
!ri>v. Pea body and the supreme court In ^
1!H>1 and l'J05. Again there came an o!>Jecion
from the state, and a long argument
;nsued.
Aim of the Evidence.
Mr. Darrow declared It was the purpose
Jf the defense to show that there were
Jthers whose feelings and motives wero
itronger than any tiiat could be charged
igainst the Western Federation of Miners.
"Are ;ou going to show that somebody
)ther than Orchard committed the crimes?"
juerled Judge Wood.
i>o, your uuuur, replied uarrow; "Wfl
will presume that Orchard dla those things, *
>ut we propose to show that he was acting
is agent for those who must have had a
itronger feeling than the Western Federaion
of Miners. ..e propose to show that
hese defendants had absolutely nothing to
lo with Orchard in connection with these <
ncidents. We want to show motive, pure
ind simple. We want to show that a
;reat class of people In the city of Denver
tad a feeling Infinitely stronger than has * .
>een charged against the Western Federa- ,
ion of Miners as a result of the elght-liour *
leclslon."
I