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Birmingham state herald. (Birmingham, Ala.) 1895-1897, November 19, 1895, Image 1

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BIRMINGHAM STATE HERALD.
f .
VOLUME 22; BIRMINGHAM, ALA., TUESDAY, NOVEMBER 19, 1895. NUMBER. 9.
FROM GOV, W, C, OATES
He Replies to an Editorial in the
State Herald.
OPPOSESES GOLD STANDARD
Meat Furnished Mutton-Headed Editors of Ob
scure Journals.
SILVER PRIMAL AND LEGAL TENDER MONEY
/
la Not a Contract ionist—Voted for the Coin
age of Silver at 20 to 1—No Man Can
Get Money Except by Work
ing for It.
Montgomery, Nov, 16, 1X1)5.
Editors Of the Stale Herald, Elrmlng
ham, Ala.:
In -your Issue of the 5th Instant, under
the heading, "The Governor’s Opinion,”
you indulged In a commentary of near
two columns on the article I wrote for the
North American Review for November.
The editorial was written In a very re
spectful manner, and In some respects
very complimentary. The animus of it
was lo meet and overturn what I wrote
about the free coinage of sliver by a
comparison with passages extracted from
my speech in congress in 1893 at the ex
tra session pending the consideration
of the bill to repeal the pur
chasing clause of the Sherman law. Tou
should have done me the justloe to have
stated that In the Review article I did not
undertake to discuss the entire financial
question as I did In the speech, and hence
the comparisons you made bore the ear
marks of a purpose Lo make me incon
sistent and to show a change of opinion
from subserviency to the president rather
than any change of circumstances. And
gome mutton-headed editors of more ob
scure Journals have seized upon the Idea
advanced by you and made it their au
thority for applying to me course, vul
gar aiid abusive epithets, such as no gen
tleman or well bre<? man would use.
This, however, I am satisfied you did not
Intend to Inspire. The following Is the
extract you made from my article In the
Review:
J lirj \IIITT ia I nil ■ .
the standard is so long as parity is main
tained and the gold, silver and paper
dollar possess equal purchasing and debt
paying power With this state or condi
tion of the money of the country, If the
people have prosperous times they are
Content. Free and unlimited coinage of
Silver would not place an additional dol
lar ln; the pockets of him who has no sil
ver bullion to coin. If a mill grind grain
jree of toll for all comers It will not give
any flour or meat to him who has no
grain to take to the mill. No one In the
southern states owns any silver bullion.
There is no silver mine within them.
How then could fre* and unlimited coin
age put any more money Into circulation
there? If It would cause a great quan
tity of silver to be coined at the present
ratio It would drive gold out of circula
tion. In accordance with Gresham's uni
versal law It would thereby destroy
parity and force our metallic dollars to
part company and gold to go to a pre
mium.
“Our southern people, with few excep
tions, aro not ‘gold bugs' nor 'Bilverloons,'
but true bimetallists. They want all the
silver that can be kept on a parity with
gold, which the administration 13 strug
gling to do by means which the president
believes best calculated to accomplish It.
“The people, from a careful study of
the question, are beginning to d ibt and
grow distrustful of the experiment, of
free coinage of silver lest it may, If adopt
ed, beget another panlo or so Impair con
fidence as to roll back the tide of pros
perity which Is now setting so beautifully
toward them.”
Your coramemary men ptuwt"
“The governor appears to be somewhat
hazy In ht3 statement of propositions.
The coinage of silver as primal money
Is not a matter to be compared to the
grinding ot com for each Individual.
The people of the south have very little
more personal Interest In the minting of ■
gold than they have In that of silver,
other than their general Interest In hav
ing an ample coinage of the precious
metals. No matter who may bring the
metal to the mints the coinage is the
concern of all the people. It Is not ma
terial to the question whether our gold
tor coinage comes from Knflir or our sli
ver comes from Denver. There Is not a
man of the most obtusa Intellect who
does not know that he cannot get money
except by working for It."
That last proposition Is exactly what
I meant to lllusrate—that no man can
get money except by working for it. The
free and unlimited coinage of silver at It!
to 1 would give the wealthy mine owner
the right to take50 cents worth of the pro
duct of hts labor to a United States mln<
and have It coined Into $1 without paying
anything for the mlntage—lts value
doubled by ft law of congress and not byt
the laws of trade, which govern the price
to be realized by other people for the
products of their labor, to-wlt: cotton,
pig Iron, coal, etc. That would be get
ting money by statute without working
for It We democrats condemn the doc
trine of protection and this would be
down right protection to the silver mine
owner and an utterly unjust discrimina
tion In his favor which Is not extended
to other Industries. It would violate
the sound democratic principle In legis
lation of "equal rights to all and special
privileges to none." It would he simply
putting money in a man’s pocket by
law which he never worked for. Your
argument that the general public Is In
terested In It is the same that has always
been made for the discriminating duties
called protection to other Industries. It
would be a law to make a depreciated,
or more worthless money that the
thriftless man might the more easily get
some of It.
Then you undertake to show that I ami
a contractlonist, a charge which no one
at all familiar with my record ever made
before. You said that I knew that the
commerce and business of the United
Stales are increasing enormously year
by year and that the 6oulh Is growing
rapidly, and assume that I favor a con
traction of the currency, which is an ab
such assumption. I suppose that you
assumed It because In the article 1 did
not advance your Idea of the proper
method for the Increase In the circula
tion.
You said: "At the same time he knows
that the gold of the world Is not meeting
the wants of trade, that silver Is rele
gated to the condition of token monev
like copper and nickel and paper notes,
that no more silver is being coined, that
no new banks are being established and
that the volume of money is being con
stantly contracted. He knows that the
per capita of circulation in the past year
has diminished in this country nearly if
not quite $100,000,000. And yet, despite
these facts, he declares that free coinage
of silver will not tend to put another dol
lar in the pocket of the people. In this
respect Governor Oates differs from
Alexander Hamilton and Thomas Jeffer
son, who held that a diminishing and
contracting currency was a calamity to
be avoided.”
"That silver is relegated to the condi
tion of token money like copper and
nickel and paper notes.” No, I don’t
know it and neither do you, for it is not
true. I know that the silver dollar is as
much a legal tender and primal money
as the gold dollar. I have heard and
read that kind of talk before. It is not
true. I quote from the statute law of
1878, which is now and has been ever
since its enactment in full force:
"That there shall be coined, at the sev
eral mints of the United States, stiver
dollars of the weight of 412V4 grains
Troy of standard silver, as provided in
the act of January 18, 1837, on which
shall be the devices and superscriptions
provided by said act; (1) which coins, to
gether with all silver dollars heretofore
coined by the United States, of like
weight and fineness, shall be a legal ten
der, at their nominal value, for all debts
and dues, public and private, except
where otherwise expressly stipulated in
the contract.
Now, I suppose after reading this law
that you will not again assert that silver
is not primal or legal tender money. Tou
certainly will not again contend that it
is mere “token money like copper and
nickel and paper notes.” Of course,
"nickel, copper and paper,” if national
bank notes, are not legal tender, but
Paper notes,^ if greenbacks or treasury
(Continued on Fourth Page.)
TH0MASVILLE.
Fifteen Hundred People in Town—Standing
Room at a Premium—The Senators
Doing Good Work.
Thomasvllle, Nov. 18. — (Special.) —
Thomasvllle was crowded today with 1500
people from Marengo, Clarke and Wilcox
counties, who had come to h'ear Alaba
ma’s distinguished senators, Gen. John
T. Morgan and Hon. James L. Pugh. The
senators arrived on the morning train
ar.d were taken in charge by the commit
tee, who escorted them to the home of
our prominent attorney, Thomas W. Da
vis, Esq.
rne speaking began at 11 o'clock and
long before that time the town hall. In
which the speaking was held, was packed
with more than 700 people, and standing
room was at a premium. Senator Mor
gan spoke first. He was introduced in
a graceful manner by T. W. Davis and
lost no time in coming to the question
that is agitating democratic minds. He
used the bare facts in his argument and
the appreciation of those by the .crowd
was evidenced by the applause that
greeted almost every statement. He said
he did not mind being considered a lu
natic so long as he followed in the foot
steps of Washington. Jefferson, Hamilton
and others. Then, too, us lunatics are
in the majority and no doubt our oppo
nents will need a doctor before we do.
The senator closed after speaking an
hour and a half.
J. It. Cowan Introduced Mr. Pugh with
a few becoming words and then our
junior senator .dived deep into the Intri
cacies of financial legislation and made
the question quite plain as far ns his
time would permit. He spoke earnestly
for the harmony of the democratic party
and urged the populltes who were once
democrats to return to the fold. He told
them they could not hope to accomplish
anything when there were 6,000,000 good
democrats who would not quit the party
and join them. After speaking two hours
the senator said he thought he had ac
complished a great feat when he spoke
longer than his colleague.
Good order prevailed throughout the
entire time of the speaking and the
strictest attention was given the gentle
men. Everybody was in a good humor
and many were heard by your corre
spondent to say that they never before
understood the silver question. The few
gold bugs who solely attended to pick
flaws In the speeches were disappointed,
and this evening advocates of the gold
standard- were scarce articles. It was a
glorious day for free silver.
DUNRAVEN WILL COME OVER
The New York Yacht Club Packed to Suffoca
tion With Prominent People to Act on
Dunraven’s Charges.
. New York, Nov. 18.—The New York
Yacht- club at one of the largeset and
moat representative meetings ever held
In Its club house took action this evening
on the charges which Lord Dunraven
has made over his signature In the Lon
don Field. A committee composed of
William C. Whitney, J. Pierrepont Mor
gan and George L. Rives was appointed
with full power to take such action in
the name of the club as they deem prop-'
er.
The club house was filled with the
most substantial members of the club.
The gentlemen present acted as one man
Irt taking the first step toward Investi
gating the ugly charge of fraud which
has been made. While it 13 probable
there wag no one present who gave the
least particle of credit to Lord Dunra
ven's accusation, yet it was the senti
ment of the members that the chal
lengers had been given every opportu
nity to prove hts charges.
A letter freon H. Maitland Kersey, the
American representative of Lord Dun
raven, was read, whloh states that Lord
Dunraven has "cabled today announcing
his willingness to come over and place
himself at the disposal of any investigat
ing committee that might be appointed.
Commodore E. M. Brown presided at
the meeting, which was held In the fa
mous model room of the club. The room!
was packed to suffocation with gentle
men of wealth and distinction. Mr. W.
C Whitney, Mr. J. Pierrepont Morgan,
Mr. George J. Gould. Mr. C. Oliver Ise
lln, Ex-Commodore James M. Smith, Ex
Coniptroller Myers, E. S Willard and
scores of other men of national repute
were present.
100,000 Persons Dying.
London, Nov. 18.—The Anglo-Armenlan
association has received the following
telegram froib Constantinople: Massa
cres are proceeding almost everywhere.
In Asia Minor.over 100.000 persons nre
dying from starvation in Armenia. For
God's sake urge the government to put
a stop to the most awful event of modern
times. The porte Is powerless, as tele
gxaph lines are controlled by the palace
officials, who have incited those massa
cres. _
Frightened by Earthquakes •
Rome. Nov. 18.—The populace of Mes
sina were badly frightened today by a
series of earthquakes, and fled from theltf
houses. No damage was done.
WILL CLOSE DECEMBER 31
So Say the Directors of'the Ex
position.
INMAN’S FAVORABLE REPORT
Four Midway Shows Have Been Closed by the
Police.
AN [EXPOSITION EMPLOYE KILLED
Negro Doctors, Baptist Women and About
Thirty Greek Letter Frnternitie*
Hold Congresses Yesterday
at the Exposition.
Atlanta, Nov. 18.—Mr. S. M. Inmtm,
chairman of the finance committee of the
exposition, today gave out to the trustee.
of the bondholders that the exposition
company was ready to pay the second 25
per cent installment. Twelve days no
tice is required before interest stops,
which would make the date November
.10, but it Is expected that payment of
this installment will begin on the 25th.
Mr. Inman expects to make the third
payment on the bonds by December 10,
and close up tho whole Issue and pay the
last fourth by the 20th of December.
The attendance has increased largely
at the exposition within the last week,
and all talk ofccontinuing It beyond the
31st of December has been put to an end
by a resolution by the directors declar
ing the fair would close finally and for
ever on December 31.
The police today closed four phows*on
the midway because they were giving
the cocheecochee dance, or immodest ex
hibition by women. The shows closed are
Trocsde, living pictures, the beauty show
and the gypsy village.
w. carter, an employe of the ex
position, was killed at Jackson street
and Highland avenue by a Consolidated
trolley car. Carter was formerly from
Greensboro, N. C. He was standing on
one track watting for a car approaching
on another. It took the wrong-switch
and struck Carter and dragged him fifty
feet. The tracks were wet and the mo
torman could not stop the car even by
reversing the motor until he struck an
upgrade.
The congress of colored doctors of the
United BtateB met In the First Congre
gational church of Atlanta today and
were welcomed to the city and exposi
tion by Commissioner I. 6. Garland of
Pennsylvania. Seven states were repre
sented and a national association of col
ored physicians was effected, with the
following officers: R. B. Boyd of Nash
ville, Tenn., president; Dr. H. Williams
of Washington, D. C., vice-presldent-at
large.
A Pan Hellenic Congress.
The Pan-Hellenic congress met In the
auditorium of the exposition grounds
this morning at 10:30 o’clock, W. W. Da
vies presiding. About thirty different
Greek letter fraternities were represent
ed, the object being to form a federation
of all such orders. Besides the southern
states many of the colleges from the
east and northwest were represented.
Addresses of welcome were delivered by
H. H. Cabaniss, manager of the Atlanta
Journal, and Henderson Hallman of At
lanta. Isaac S. Hopkins, president of
the Georgia Institute of Technology, was
then introduced and delivered the ora
tion of the day.
The Baptist Woman's congress met in
the assembly room of the woman's build
ing at the exposition grounds this morn
ing and held exercises through the day
on the evangelism of the home. Mrs. W.
_J. Northen presided. Addresses were
delivered by Miss Mary Burdette of Chi
cago, sister of Mr. Robert J. Burdette;
by Miss Armstong of Baltimore, a leader
in the Woman’s Missionary union, and
by Mrs. J. D. Gambrill, wife of the pres
ident of Mercer university.
CLAYTON.
Governor Oates Addresses a Fairly Good Au
dience—He Is Not a Candidate for Gov
ernor, But for the Senate.
Clayton, Ala., Nov. 18.—(Special.)—
Governor Oates spoke here today to a
fairly good and attentive audience. Dur
ing his speech he said that he had been
asked to clearly define his position in re
speot to his candidacy for governor. He
said that In his Interview with the Ad
vertiser he had said In answer to the
question "If he would not run If nomi
nated?” that he had never refused to
serve his country nor his party whenever
his services were demanded. He said
that he told the people In his campaign
last year that he would not be a candi
date for a second term as governor, and j
that he was a man of his word; that hfe
will not be a candidate for governor
again, but that he was a candidate for
United States senator and would be tt>
the finish. He said that he had read
Senator Pugh'B denial that he was again
a candidate and was glad to hear It.' He
discussed state matters and said the
state needed a good business man as well ;
as a good democrat for governor, anj
without concessions and narmony the
democrats might lose the state next vatd.
A Paying Teller Gone.
Philadelphia. Nov. 18.—Charles F. Rit
ter, paying teller of the Tacony Saving
Fund, Title and Trust company, has dl»
appeared. A warrant has been Issued
for his arrest, but nothing whatever ig
known of his whereabouts. Ritter dISt
appeared on Saturday night after leavj-.
Ing a note for his wife saying he would
never again see her alive. The vice-pres
ident’ of the company, received a notfe
from Ritter, In which he confessed to ap
propriating funds of the company. A
meeting of the directors of the Institu
tion was called, a warrant was Issued fbr
Ritter’s apprehension and an Investiga
tion of his accounts was immediately b£
gun. The officers say they have no Idea
what amount was taken by Ritter. The
latter has been teller of the bank since
its organization about three years tigo,
Mrs. Ritter beHeves her husband has
committed suicide.
The Henrietta’s High Prize.
Norfolk, Va., Nov. IK—The British;
steamship Henrietta, Captain Berg, from:
Port Boyal, S. C.. to Plymouth, Eng., ar
rived in the harbor at 8:30 o'clock this
morning with the barkentlne Bruce
Hawkins, bound from Savannah tosBos
ton with lumber In tow. The Hawkins
was picked up about 250 miles southeast
of Hatteras Saturday morning In a wa
terlogged condition and abandoned.
A SENSATION FURNISHED
Mr, Shoemaker, One of Holmes’
Attorneys,
IS IN A BAD PREDICAMENT
He Is i''ux Under Bond for Subornation of
Perjury.
HE PROCURED A FALSE AFFIDAVIT
To Prove That Peitzel Committed Suicide
and "Was Not Murdered by Holmea.
He Paid the Woman $20 to
Bignthe Affidavit.
Philadelphia, Nov. 18.—The argument
for a new trial In the continued murder
case of Holmes was heard this morning
in the criminal court before Judge Ar
nold. who tried the case. Judge Wilson
and Judge Thayer are the presiding
judges of the court. Like all the phases
of this singular case, the ordinarily
routine procedure furnished a sensation.
Holmes has lost the easy look of confi
dence that he wore during his trial, and
although he was composed his anxiety
was plainly visible.
me sensation was rurmsnea Dy Mr.
Shoemaker, one of Holmes’ counsel. Mr.
Shoemaker presented an affidavit from a
witness purporting to be named Blanche
Hannlgan. In the affidavit the witness
swore that she kept a cigar store on
Callowhill street, near the house where
I’ietzel was killed, and that she knew
the dead man and that he told her that he
Intended to commit suicide. District At
torney Graham asked that witness be call
ed to the stand,and Mr. Shoemakerreplled
that he did not know where she was.
Then Mr. Graham called a private detec
tive named Swltzler to the stand. The
detective testified that Shoemaker weeks
ago had written out the affidavit and
given him $20 to hire some one to swear
to it. Then Detective Gelr was called,
and he testified that Swltzler had shown
him the affidavit before It was signed;
then a woman was called to the stand
Who said she was the “Blanche Hanni
gan” who signed the affidavit. She swore
that she knew nothing about the state
ments In the affidavit. Her name instead
Of being Hannlgan was Rhea, and she
Is the matron of the Fourth Police dls-*
trlct. It was at the suggestion of Mr.
Gelr that she went to Swltzler and Shoe
maker and impersonated “Blanche Han
nlgan.” Shoemaker gave her $20 and
took $ter before a notary public and she
swore to the statement.
This gstontshlng testimony that seem
ed to clearly point to a perjured affida
vit evidently surprised the court, and
when Shoemaker attempted to make
some confused statement Judge Thayer
suggested to him that his greatest safety
lay in silence. Mr. Rotan, Homes’ other
attorney.stated to the court that he knew
nothing of the affidavit, and then he be
gan argument for. a new trial. The
main points of the reasons for asking a
new trial were given in these dis
patches last week when the application
for a new trial was filed. The principal
allegations for asking for the trial are
that the district attorney Influenced the
jury in evidence that showed the chil
dren were killed by Holmes, that the
defense were not ready to proceed and the
court erred on a number of points In the
trial.
Mr. Rotan argued for an hour and
fifty minutes and then District Attorney
Graham replied. In his argument Mr.
Rotan had dwelt upon the admissibility
“of the evidence of Miss Yohe, on the
ground that the commonwealth had not
clearly shown that she was not the pris
oner's wife, and therefore, she was not
a competent witness. Mr. Graham re
produced the prisoner's letters to the
Wlllimett, 111., wife acknowledging the
Ceremony of marriage, and then Mr. Gra
ham sprung a surprise on Holmes that
perceptibly took him back. Mr. Graham
put In evidence a record from the Chi
cago courts of an application for a di
vorce filed by Holmes asking for a sep
aration from his right wife, who fives at
Gilmerton, N. H. He also produced an
affidavit from this wife that while mak
ing the now famous trip with Mrs. Pelt
zel and Miss Yohe. Holmes called to see
her and resumed his relations as a hus
band with her. Mr. Graham reviewed
the contentions set up by the defense
and step by step demolished them, and In
a manner that was absolutely conclusive
shed a flood of convincing light upon
Holmes’ guilt.
L/ui ing me '
qhently restrained by points of law In
referring to the prisoner, but in his re
view of the evidence today he was re
strained by no such conditions and he
fairly withered Holmes wdth his scorch
ing arraignment of his various crimes.
The weak point in Mr. Graham's case
I during the trial was how Pietzel was ac
tually killed. His Inference was that
Pietzel was chloroformed to death by
Holmes, but he never brought this out
clearly. Judge Wilson seemed struck by
this and asked Mr. Graham how Pietzel
was killed. Mr. Graham said that It was
the contention of the commonwealth
that Holmes chloroformed him to death,
but the district attorney did not make
It clear how they believed the dead man
was murdered. Mr. Rotan seized on this
point and addressing the court In his
closing argument dwelt upon the Improb
ability of a man of Holmes’ phlslque
overcoming Pietzel and killing him with
(chloroform He contended that though
jthe commonwealth had evidence to show
that Pietzel bought a pint of whisky the
pight before he died, there was no evi
dence to show that he was drunk on the
iflay he died and thereby enable Holmes
to administer chloroform to him In that
fconditton.
In concluding his argument Mr. Rotan
asked the court to take particular note
in their decision of the medical evidence
offered at the trial,' which he contended
was Incomplete and Inconclusive. Judge
Thayer replied that the court would con
sider this phase of the case especially as
required by Mr. Rotan. Then Judge
Thayer, addressing Mr. Shoemaker, told
him that he had a most unpleasant duty
to perform. He said that the court had
no alternative but to hold him in ilOO ball
for subornation of perjury. Mr. Shoe
maker stood pallid and nervous while
Judge Thayer was speaking and when
his honor had finished he made an Inar
ticulate effort to say something, but '03
voice choked and he sat down silently.
The court reversed Its decision upon
granting Holmes a new trial, but that
the new trial will be refused from the
line of Questioning adopted by the bench
is undoubted.
Mr. Shoemaker procured ball, but re
fused to make any statement In regard to
the affair. He would only say that It was
a most cruel and uneiy>ected develop
ment to him, and that he understoodCia
whole professional career was at stake.
Mr. Rotan, Shoemaker's colleague, was
greatly worried over the affair, and • e
feared It would reflect upon him, but it
was clearly shown In court this morning
that he had no hand in procuring the af
fidavit from the bench of judges exoner
ated him from blame. Mr. Rotan ex
pressed the opinion that Mr. Shoemaker
would be able to show his Innocence of
any guilty Intent and that he fell intoa
trap that was set for him.
.Lexington Results.
Lexington, Ky.p Nov. 18.—A more beau
tiful day for racing could not be Imag
ined than that which opened the second
week's meeting at the association track
today and the public showed their ap
preciation by a large attendance. The
racing on the whole was good, although
Starter Pettlngill seemed to have an off
day with the flag, only two of the starts
being good. The talent had a shade the
best of It, three out of five favorites win
ing. After the last race William Simms
of the racing firm of Anderson & Co.,
owners of Newcnm, ran up from Orlen
da, entered at $400 to $1405 and cost her
owner Will Wallace $805 net to keep
her. Weather clear, track fast. Sum
maries:
First race, seven furlongs—Onaretto,
105 (Walker), 4 to 1, won; Fred Harr sec
ond, Sumatra third. Time, 1:23%.
Second race, one mile—Mill Roy, 100
(Thorpe), 3 to 2, won; Tenor second.
Richmond third. Time, 1:43.
Third race, six furlongs—Bessie Nich
ols, 105 (J. Gardiner). 8 to 1, won; Prince
Imperial second. Colleen third. Time,
1:14%.
U. S. SUPREME COURT.
The Case Against the Union Pacific Railroad
Company Settled—Other Important
Cases Decided.
Washington, Nov. 18.—upon the au
thority of Johnson vs. Sayre, decided at
the last term of the court, the supreme
court of the United States today reversed
the order of Judge Hughes of the federal
court for the Eastern district of Virginia
releasing James VanVranken from the
custody of John P. McClensll, an officer
of the United States navy.
VanVranken was a clerk of Paymaster
Bellows, who had been found guilty by
naval court martial of converting to hia
own use $1223 of the funds entrusted to
the paymaster and sentenced to Impris
onment for a year. Judge Hughes re
leased VanVranken, holding that he was
amenable to the civil courts for his
crime and not to the military. This po
sition the supreme court said In the case
of Johnson vs. Sayre, Involving precisely
the same state of facts, was incorrect,
and reversed the order of the release.
In the meantime, however, VanVranken,
It is said, has taken himself out of the
jurisdiction of the naval authorities.
The conviction and sentence of W. H.
Clune, Isaac Ross and Phillip Stanwood
In the United States court for the South
ern district of California was affirmed
today by the supreme court of the United
States, the opinion being read by Mr.
Justice Brewer.
The appellants were local officers in
I,os Angeles of the American Railway
union and were indicted for conspiracy
to obstruct the mails on the Southern
Pacific railroad at the time of the great
railway strike In the summer of 1894.
They were sentenced by Judge Ross to
Imprisonment in the countyHall at Los
Angeles for eighteen months and ap
pealed from that judgment. The only
question of law considered #y the court
was one raised In the argument of the
case, that It was incompetent for con
gress to impose heavier penalty for con
spiracy to commit a crime than that im
posed for the commission of the crime
itself. This Judge Brewer said was in
correct; the power exists to separate the
conspiracy from the crime itself and to
affix distinct and independent penalties
to each. There was no error in the trial
of the convicted men and the judgment
of the court below was affirmed.
The long pending case of the United
States against t'he Union Pacific Railroad
company and the Western Union Tele
graph company was settled today by the
unanimous decision of the supreme court
announced in an opinion delivered by
Justice Harlan. The decision is one of
the most important that has been made
by the supreme court, affecting the rela
tions of the government and the Pacific
railroads, declaring as it does that con
gress has the right to add to, amend or
alter the acts of 1862-G4 granting aids In
bonds and land to the company for the
construction of Its line. The proceeding
involved in the present decision was
brought by the attorney-general In pur
suance to the direction contained In the
Anderson act of 1888, which required all
companies engaged In operating railway
or telegraph lines which had been aided
in any way by the government to main
tain and operate through their own re
spective corporate officers the telegraph
lines for all purposes and to exercise by
themselves alone the telegraph franchises
conferred upon them. The suit was
brought in the circuit court for the Eighth
circuit, and originally heard by Justice
Brewer, who declared the arguments
between the Western Union and Union
Pacific Telegraph company,by which the
former held exclusive right to operate
the government lines along the railroad
of the latter, to be null and void and non
effective, and directed the Union Pacific
to at once put an end to all relations
between it and telegraph companies and
to operate Its own line of telegraphs. The
case went to the circuit court of appeals,
and Judges Caldwell and Thayer re
versed Judge Brewer in a modified de
cree, but holding generally that the end
sought by the government could be se
cured only by other legal means, and
dismissing the bill for want of Jurisdic
tion. The supreme court, by its decision
today, reversed the decree of the court oj
appeals and affirmed that of Judge
Brewer at circuit.
The oplninon further holds that since
the passage of the act of 1866 no tele
graph company can by contract with a
railroad company operating one of the
post roads of the United States over
which Interstate commerce is conducted
acquire an exclusive right to such rail
roads for telegraph purposes.
The cause was remanded to the circuit
court with Instructions to make a sup
plemental decree, enlarge the period in
which the railroad companies may make
such ararngements, adjustments and
changes as shall become necessary by
reason of annulling of the contracts by
them to carry out the provisions of the
final decree of that court. _
Coolies on a Strike.
Washington, Nov. 18.—A report re
ceived at the department of state from
Vice-Consul St. Croix De La Renclere,
stationed at (luadaloupe, West, Indies,
shows that Japanese coolie labor has
been a failure on the island. The sugar
planters who employed this class of la
bor, encouraged by an immigration so
ciety, are dissatisfied, and strikes oc
curred, and the strikers, despite the ef
forts of the police, refused to leave and
were devastating the plantations. The
government was obliged to use force to
master the strikers, 140'of whom were ar
rested and Jailed. ... _ •
THE SULTANJADLY SCARED
He Has Also Become Afflicted
With Insomnia.
i
SPIES HAVE BEEN DOUBLED
Nobody in Tur'^Doubts That the Sultan
Ori' the Massacres.
S --
HIS EARl ^DOWNFALL IS EXPECTED
/ -
Massncr & n Several Districts Have Been
Eer jd—The Porte la Endeavoring
ttuse $5,000,000—Armenian
Patriarch Appealed to.
London, Nov. 18.—The representative
in Constantinople of the United Press
under yesterday's date says that dis
patches from Slvas dated November
15 have been received there stating that
the massacres in the Marsovanan and
Ammas districts were renewed that day.
Also that a number of persons were kill
ed at Slvas on the 16th.
United States Minister Terrell received
a dispatch from Aleplio on 16th instant
saying that a massacre had occurred at
Aintab, sixty miles northeast from Alep
ho. The government of Alepho was im
mediately instructed by wire to strenu
ously enforce the measures taken for the
protection of the American residents In
his jurisdiction.
Minister Terrell has obtained from the
porte an order for a guard of troops to
protect the American missionaries, who,
with their families are about to proceed
to Van from Biteals.
-- VIIULM TUI IliQ IU IrtIDi: **»
000,000 for the purpose of assisting the
mobilization of troops and officers to
prolong the concession of the tobacco re
gion in exchange for a loan of that sum.
During the last two weeks a tremen
dous pressure has been exercised by the
porte upon the Armenian patriarch to
get him to send a circular note to all the
Armenians in Asia Minor exhorting them
to keep quiet and lend themselves to no
promoters of disturbances.
The object of the porte in taking this
step is clearly to Induce the belief that
the troubles are to a very great extent
due to the aggressions of the Armenians
themselves and that troops are merely
suppressing riots when engaged In their
work of slaughter.
Yielding to the pressure the patriarch
finally drew up a note, which he sent to
the minister of police, Nazim Pasha, for
his approval. In the meantime tele
grams were constantly arriving telling of
the fresh massacres, and the patriarch
sent his secretary to Nazim Pasha de
manding the return of bis note. The
secretary was at the time Instructed to
say to the minister of the police in the
name of the patriarch: "It would be an
insult to my people to send such a note
to them when they are dying by thou
sands upon the roadside."
To this the minister replied: "You
are right,” adding “ the Hamadlch cav
alry are turning against him.”
"Against whom?" asked the secretary.
“Against the one who ordered all this,"
was the suggestive answer of the min
ister.
This Is given, merely hs an instance
of the manner in which high officials re
fer to the sultan. Nobody In Constan
tinople, says the correspondent, doubts
that either the sultan or the palace
clique under the sultan's assent ordered
the massacres or that regular troops are
plundering in accordance with the orders
of their superior officers. Things have
gone so far in this dlreotion the sultan
finds now that he has no power to con
trol the storm which hp himself has
raised. Indeed, he cannot even command
order among the troops attached to his
own palace.
innumeruoie reports are current in
regard to the mental and physical condi
tion of the sultan, one of which asserts
that he has become afflicted with insom
nia and for a period of forty-eight hours
has not been able to sleep. According to
this rumor, he sits with his head droop
ing, never heeding anyone who may
speak to him and careless of anything
that may go on around him. It is said.
In fact, that he no longer listens to the
reports that are brought to him. The
spies in and about the palace have been
doubled In number, but the people no
longeT hesitate to talk against the sultan
In the streets and cafes and other public
places, believing that hls fall Is Immi
nent. If there should be another change
In the grand vtzlershlp It is believed that
Mahmoud Pasha, who Is now minister
of commerce, Is likely to succeed Halt!
Rlfl Pasha in that office.
Mahmoud has also been minister of
finance, and has occupied the office of
vice-governor of Crete. Since he has
held hls present position at the head
of the department of commerce be has or
dered all the employes of that bureau,
three-fourths of whom are Christians,
to work on Sundays.
United States Minister Terrell Is bear
ing up wonderfully well under the un
ceasing strain of excitement and activity
engendered by hli Interest In the troubles
of Americans In Asia Minor, where they
outnumbered by three to one any others
of foreign nationality, 150 of them being
missionaries. Mr. Terrell Is constantly
visiting the sublime porte, and sometimes
sees the sultan himself In hls Inslstance
upon the government's affording absolute
protection to American missionaries and
other American citizens In Asia Minor.
The missionaries are perfectly satisfied
with the results of his action. He Is
ceaseless In hls efforts to protect the
Interests of America and Americans.
That there be no question about this they
desire the United Press to say that any
news or other statement to the contrary
Is maliciously false.
The Sultan Knows How It Is.
Berlin, Nov. 18.—A dispatch to the Co
logne Gazette from Constantinople Bays
that Germany, having regard for her
hitherto good relations with the sultan
and for the responsibility respecting Aus
tria’s recent proposals to the powers rela
tive to Turkey, has urgently advised the
sultan to satisfy the demands of the
powers, and. above all to endeavor to hls
utmost to restore order. The dispatch
adds that the sultan has answered the
German note, and that hls reply proves
that he appreciates the seriousness of the
situation.
Dr. Kennedy May Vet Get It.
Rome, Nov. 18.—The nomination of a
new rector of the American college In
Rome, which it was expected would be
made, has been postponed. It Is be
lieved that Dr. Kennedy, formerly <ff
Philadelphia, will be appointed to this
post.

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