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VOLUME LXXXI.-NO. 21.
LESS DANGER OF WAR WITH SPAIN Plenty of Precedents Are Found «in Recognizing the Cubans. But Then Cameron's Resolution Is a Long Way From Passage. Conservative Statesmen Say There Will Ba No Serious Difficulty Be- tweeo Cleveland and Congress. WASHINGTON, D. C. Dec 20.— Neither Senator Sherman, chairman of M:e Foreign Relations Committee, nor Anator Morgan of that committee be- Vves that there is any danger of war with ££>am as a result of the possible adoption of the Cameron resolution. Both of them were interviewed by The Call corre spondent to-night. Senator Sherman thinks the resolution is siniDly a recogni tion of the "republic of Cuba," and as such gives that country authority to send representatives to the United States. Con tinning he said : '.'We recognized the independence of Mexico, Peru, Bolivia, Chile and of other South American republics while they were sti:l struggling against Spain, and that was not considered cause for war on the part of that country. "Spain recognized the independence of the. Confederacy in 1861 before a single battle bad been fought, if we except the firing on Fort Sumter, and yet that was not considered cause for war." Senator Sherman said that in case the President vetoed the resolution, it could be passed over his i:ead. Senator Morgan, in speaking of the possibility of Spain securing the aid of some other European power in war against tbe United States, said: "I do Dot think she could secure the as sistance of any power aeainst us. You must remember that Europe is an armed camp. There are millions of men over tbere under arms and for what? To watch each otber. The moment any one of them interfered she would find herself harassed at home, but there is no reason why Spain should become involved in war with us simply because we recognize the inde pendence of the Cubans. You nrobably noticed that tbe resolution was amended to read 'The Republic of Cuba,' but the second section leaves a way out for Spain, becauee it says that the United States will use its friendly offices to bring the war to a conclusion. "There will be no undue haste in press ing the resolutions to a vote. When laid ■ fore the Senate it will be accompanied by a most voluminous report, going over the wnole matter of the recognition of belligerency for the past century by this and other Governments. We want to see this information published and have it go before the people before any action by tbe Senate is taken. In fact. I would like to Bee the report co before the Spanish peo- j pie before we adopt it, so they may all understand it. ••I fully believe that Spain stands in greater trouble to-day from internal dis sensions than she does bom the rebellions in Cuba and in the Philippines. Republi canism is very strong in Spain, and any act of the present Government that could be used in bringing about its downfall will be taken advantage of. Canovas recognizes this, and he realizes that tbe only way to maintain the national spirit is to inflame the perpie against a common eDemy." The Cuban question and Secretary Ol ney's statement of the executive position may precipitate a debate in the Senate to morrow that will set aside the regular business assigned for the two days that body will be in session before the holiday recess. It is not improbable that some of the more radical Cuban sympathizers will start the discussion with the presentation of Senator Cameron's resolntion shortly after tbe morning hour. Conservative Senators who have studied the precedents are inclined to the opinion that the talk about a serious difficulty be tween the President and Congress has no ■ound foundation. Cool heads will counsel moderation. There is not the remotest probability of Cameron's resolution recognizing the in dependence of the republic of Cuba being acted upon in the Benate before the holi day recess. When the debate does begin it is evident that Senators Morgan, Tsvis, Chandler, Lodge and Mills will take a po sition adverse to the Secretary of State, and the discussion may be prolonged till after the 4th of March. It was agreed in the Committee on For eign Relations that the report on the Cameron resolution should be made to morrow, and that the matter should not be called up until after the holidays. This agreement will be carried out. OLNEY ACTED ADVISEDLI Author it// I Upon Which He Intimated the * - Function of the Executive. . WASHINGTON, D. C, Dec There ' is every reason to believe that Secretary Olney's declaration that recognition is ex clusively an executive function was not made until after that cautious and thor ough deliberation which characterized his conduct of the negotiations with Lord Salisbury over the Venezuelan' contro versy and other important official matters which have called for his decisions since he entered President Cleveland's Cabinet • as Attorney-General nearly 'our years aeo. It is well known in the highest of ficial circles, especially in the Cabinet, that questions of Presidential prerogative , were forced upon him by his colleagues among the executive's advisers at the Jfoutset of this administration in connec "mion with the perplexities that arose; in The Hawaiian affair when the executive was placed in direct antagonism with Congress. The paramount mission of Commissioner Blount to Honolulu ' was understood to have been taken with the Attorney-General's full indorsement, and all the subsequent acts of tbe administra tion with regard to the midocean republic The San Francisco Call. were said to have hart his approval, if, in deed, they had not been inaugurated at his suggestion. In his official capacity Mr. Olney was intimately associated with the President in the steps which were taken to suppress the great railway riots by the use of Fed eral troops and throughout his occupancy of the Department of Justice he was con stantly called upon to declare executive power under the constitution. The sharp deruarkation of Congressional and executive functions with respect to purely international matters was pre sented to him as the legal adviser of tbe President upon the adoption of the Hoar Turkish resolution, and at that time it was understood that such instructions to the President, whether in the form of con current or joint resolutions, did not reauire compliance. The President neither signed nor di-approved the re-olutions, nor did he transmit them to the Ottoman Porte. The Cuban resolutions were similarly ignored, though at the time of their adop tion it was generally understood that Sec retary Olney ad reached the conclusion that their effect was conclusively ad visory, however mandatory their language might be. It is pointed out by State Department officials that Congress has never been con firmed by the Supreme Court in its asser tion of any powers not expressly given to it by the constitution. In the event of the recognition of either the belligerency or independence of Cuba the first result, it is held, would be the appearancb of an ac credited Minister or other emissary of that island. The contention is that under the constitution the President is the sole judge as to whether such emissary shall be received. Precisely this emergency ha< arisen in the past few weeks. The greater republic o: Central America has come into existence and its accredited Minister, Mr. Ruduer.ey, has been in Washington a fortnight. He has not been received by the President nor has the American charge at Managua been authorized formally to recognze the new arrangement. The President also took his own time in recognizing the Provisional Government of Hawaii and also the Dole Government. Frequently prompt recognition of a foreign Government has taken place without any thought of possible approval or disap proval of Congress, notably when Presi dent Harrison acted upon the termination of the Chilean revolution. The same wa aiso the case upon the establishment of tbe present republic of France and the republic of Brazil. Another recent case of exercise of the President's authority in receiving and dealing with foreign Minis ters occurred in the dismissal of Sir Sack vilie West, the British Minister. While this caused no disruption of oor relations with England, it is held that it showed it to be the President's power to act without consulting Congress, and it was execu tive action which might have led to war. In this connection it is also pointed out that while Congress can alone declare war. it is cleariy within the power of the Presi dent by his own action to bring about a war, which, if declared by an opponent, would create a condition be would be com pelled to meet until Congresn could assem ble and act. NO DANGER OF A RUPTURE Spain ;Aot in ~~d' J Hurry to Croat Sword.% With tho United States. MADRID, Spain, Dec. 20.— Senor Cano vas del Castillo, Prime Minister',. has re ceived the official text of President Cleve land's message to the American Congress, and will shortly make a declaration' on that part of the document which refers to the Cuban 1 question. Conferences have been held, 'luring the past few days be tween tie most prominent men in politi cal life in Spain with the object of peeking a solution of the problem which confronts the Government ami which it is possible might canst a war with the United States. .It is conceded in political circles that the situation is grave, but it is thought that the willingness of Spain to grant re forms in the Spanish West Indies should tend to avert any display of aggressive ness on the part of the United States. One point is settled upon, and that is that no reforms shall. be put into effect in Cuba until the insurrection be suppressed, for it is held that to offer reforms with the Cubans still in arms would indicate weak ness on the part of Spain and would also be derogatory to Spanish honor. Though indignation caused by receipt of the news of tbe action of the Committee on Foreign Relations of the American Senate shows little significance, there has not been many manifestations over its representatives in Spain. That such mani lestations were expected is shown by the fact that police and gendarmes were de tailed to guard the American legation here and precautions were taken elsewhere to protect the various consulates of the United States should tbe excited people attempt to make an attack or them. Orders were sent to the Governors of sev eral provinces to prohibit any anti-Amer ican demonstrations, and from dispatches received to-day from provincial capitals it is known that the orders were faithfully carried out. Prominent politicians confirm the state ments contained in yesterday's dispatches to the United Associated Presses that it is tbe intention of tbe Government, when the opportune time arrives, to put into effect in Cuba uolitical and economical re forms which it is said will be wider in their scope than those proposed by the Cortes last year. The death is denied to-day of Senor Don Manuel Decuerra, Minister of the Colonies. He was very popular, and it is said of him that one time he hindered the sale of Cuba to the United States. The Epoca, the organ of Senor Cano vas and tbe Ministerialists, in comment ing on the situation, says that Spain needs at the present moment much calm, sound judgment on the part of the pub lic to avoid greater difficulties than those the Government is now facing. As lor.g as prudence is compatible with national honor, Spain has nothing to do save to defend her rights if they are attacked. A recognition of belligerency is nut a casus belli unless such recognition is granted by an interested nation. Formerly S| am recognized the belligerency of the South ern States of America, despite the protest of the Federal Government, which did not rogard the attitude of European gov ernments in this matter as a casus belli. If the act indicated by the Cameron resolution shall be consummated, Spain will protest, thereby greatly straining the relations between ti.e Unite- States and Spain, but the Spaniards must now forget the attitude of th« powers which, after President Cleveland's declaration anent tbe Anglo- Venezuelan dispute, abstained from an intervsntion. Spain ought to keep account of all these precedents. Prime Minister Canovas holds that un SAN FRANCISCO, MONDAY MORNING, DECEMBER 21, 1896. SANTA GLAUS— They are pretty good papers, but I shall waft for the Christmas "Call." der the framing cf Senator Cameron's res olution there will be no armed interven tion on tbe part of the United States in Cuban territory. Though the partisans of the proposal may obtain the necessary votes to override the veto which he be lieves President Cleveland will interpose and so make the resolution an obligatory act of Congress, it would only affect a recognition of the independence of Cuba and lead to an offer of its gr od ofnees by the United States to terminate the war. With whatever officiousness the United States may interpose, Spain will retain the right tn accept or nject the offer of the American good offices. if the United States recognizes the independenae of Cuba she will then have to recognize the laws of neutrality. If she recognizes the belligerency of the Cubans, Spain will have the right to stop and visit American vessels at sea. Senor Canovas does not think that tbe Cameron resolution need cause serious perturbation. It will only make the rela tions between Spain and the United States more strained, but need not cause a rup ture. He will never consent to foreign interference in what is a question of Span ish domestic politics. Spain will regulate her acts 30 that nobody will be able to say that she made war upon another power, yet she will always repel aggression. The tone of the newspapers generally is more moderate to-day than it was yesterday. They contain little to excite the populace. MANY MEN COLENTERS General Colby Would Bare Ao Trouble to Raise an Army. BEATRICE, Nebb., Dec. 20.— General L. W. Colby, ex-Assistant United States At torney-General, whose proposition to raise an army of 10,000 men to fight for Cuba was given publicity tn rough the United Associated Presses, is receiving letters and telegrams from all over the country in dorsing his plan, urging him to continue in his efforts and asking to be enrolled as volunteers. One of these is from Colonel Robert Mc- Reynolds of Oklahoma who says: "1 see by the dispatches what you say regarding Cuba. I want you to count me in with 100 of the finest shots in this Territory. I want to be with you — on your staff, ii pos sible. I have been agitating the question for a year and a half now, and am in earnest in every word I say." Colonel Me Reynolds served under Gen eral Colby in the Sioux campaign at Wounded Knee. Last winter he went to Cuba and fought with the insurgents as a private. He is the man who at Galveston was threatened with arrest by Federal officials Jor advertising for "one hundred men well armed, of undoubted bravery, to go on the Gulf of Mexico to shoot geese." Tbe words "shoot geese" was merely a blind as he subsequently admitted. The prominence of General Colby and his unquestioned sincerity has made of the matter which was at first thought to be but an idle threat a serious possibility. SENATOR ALLEN`S VIEWS Say it la High ; 'Jitne \to Recognize the ,'■-. Insurgents. OMAHA, Nebb., De.;. 20.— Senator Wil liam V. Allen J arrived from Washington yesterday afternoon. The Senator was very emphatic in his declarations upon the Cuban question and the Cameron joint resolution, '■';"'■;'' '_-:.- : '■'/ '"■':.'..):'''.:„ i'- "A number of things have operated in the last few days," said be, "which ac count for the apparent unanimity of opinion among members of Committee on Continued on Hccmnd Page. JUDGE McKENKA THE FAVORITE Leads in the Race of the Californians for a Place in the Cabinet. Major McKinley Would Be Glad to Honor His Friend and Former Associate. Senator Perkins Says tbe Memorial Urging Horace Davis* Appointment Has Not Tet Gone to Canton. WASHINGTON, D. C, Dec. 20.— The Call correspondent learned to-night from a reliable source that President-elect Me- Kinley is considering the advisability of appointing United States Circuit Judge McKenna a member of bis Cabinet. The rumor has been circulated in Washington for several weeks among the California colony, but only within a few days has it been seri ously considered. Several Californians who have stopped off at Canton to see the President-elect have reported him as say ing that he would be glad to appoint some Pacific Coast man in his Cabinet, but that the factional differences in California ren dered it difficult to make a selection from that State. In all these conversations he dwelt upon the name of Judge McKenna, who served with him upon the Ways and Means Committee in the Fifty-first Con gress when the McKinley tariff bill was formulated. It is said by Culifornians here that Mr. McKinley has always entertained a hieh opinion of Judge McKenna's ability, and furthermore, that quite a warm friendship was established between the two during their service together on the Ways and Means Committee. Senator Perkins and others of the Cali fornia delegation were seen by The Call correspondent to-nieht and asked if they had any definite information that Major MrKinley was considering Judge Mc- Kenna in connection with an appoint CAPTAIN MERRY MAY BE APPOINTED. WASHINGTON, D. C, Dec. 20.— 1t is not impossible that Captain William L. Merry of Ban Francisco will be appointed Commissioner of Navigation under the Treasury Department. Boards of Trade and Chambers of Commerce of California have taken an active interest in his behalf, and The Call correspondent learns to-night that Captain Merry will ba in dorsed for this place probably by all of the California delegation. Senator Perkins paid high tribute to the ability and character of Captain Merry, who has been president of the San Francisco Chamber of Commerce and is now connected with it. Senator Perkins said he believed that no better appoint ment could be made. It would be oi vast benefit to the shipping interest of the Pacific Coast, as the captain was familiar with every part of it. He had been a sailor "before the mast" as well as captain of a vessel, and knew every want of ship ping interests of the coast. Senator Perkins also complimented Captain Merry's literary ability, and said that his contributions to Nicaragua canal literature were invaluable, and would prove to be of vast benefit in the attempt to secure the passage of the Nicaragua canal bill. Apropos of tbe canal. Representative Barham said to The Call correspondent to-night that in a few days he and other members of the House will wait upon Speaker Reed and the Rules Committee in an endeavor to have that com mittee set a time for consideration for the bill. Mr. Barham believes that the opposition to the bill is weakening, and be is hopeful that it may be passed. ment. AH acknowledged that, they had heard reports of that kind from gentlemen recently arrived from Canton, but they had not attached any importance to them until the last few days. Senator Perkins admitted that he had received informa tion to ibis effect from some Californians who had recently come from Canton, and while he said that he bad no means of knowing McKinley's intentions, declared that it would not surprise him if the ten der of a Cabinet position should be made to Judge McKenna, inasmuch as the two were well acquainted and the President elect had such a high opinion of the Judge. The Call correspondent asked Senator Perkins whether it was true, as reported here, that tbe California delegation, after recommending Horace Davis for a Cabinet position, had concluded not to send such a recommendation to Major McKinley in view of certain letters received from Cali fornia since the delegation met in caucus and indorsed Davis. Mr. Perkins said : "It is true that letters have been received from California, but it is not true that the delegation has con cluded to withdraw its indorsement of Mr. Davis. Acting in my capacity as chairman of the conference of the dele gation I appointed a committee of three to draft that memorial to Major Mc- Kinley, expressing the pleasure of that caucus. It is understood that Major Mc- Kinley has left Canton and is now in Chicago, and the memorial could not with propriety be sent to him until he returns home." "But how long will the delegation wait before forwarding the memorial to him ?" Senator Perkins was asked. •'That I cannot tell," said he, "ai the committee of three has charge of the memorial." It is believed here that, although the delegation has not decided to withdraw its indorsement of Davis, they have con cluded to "make haste slowly" and to withhold the indorsement as expressed in the memorial to Major McKinley until they have had a chance to hear the popu lar expression of Californians in all sec tions of the State. In other words the in dorsement of Davis was merely a "feeler." Representative Loud is considerably dis turbed on account of reports sent from Washington stating that at the caucus he had declared he bad authority to with draw De Young's name. Mr. Loud's em barrassment is not lessened any by the receipt of the press cablegram from De Young stating that Mr. Loud did not state in so many words to the caucus that he had authority from Mr. de Young to withdraw his name, but that he stated that he bad heard De Young say in the presence of two otfier gentlemen that he was not a candidate for a Cabinet place and that this statement of Loud's caused Grove Johnson to cast his vote for Davis. GREETED WITH APPLAUSE. Major IHcKinleti Cannot Etoape Admi- ration Even on Sunday. CHICAGO, 111., Dec. 20.— A burst of applause with the same hearty cries sur prised and greeted Major McKinley when his carriage drove up to tbe Sixth Presby terian Church on Vernon avenue this morning. The sidewalk was crowded with people who were unable to find seats in the house of worship. Scores of persons lingered about tbe vestibule, the doors and the street in front of the church dur ing the service, and when Major McKln iey came out after the morning services the cheering and applauding was repeated. Consideration of the day and place did not restrain these enthusiastic Chica«o admirers of the President-elect. It was partially to avoid similar demonstrations that Major McKinley remained so quietly at the homes of his friends during the week and declined invitations to visit any of the theaters. He did not suppose en thusiasm would express itself so emphati cally on the Sabbath. Major and Mrs. McKinley drove to the West Side after church and dined with a relative. The rest of the day was spent very quietly. STARTED BY THE INMATES. Cause of the Fierce Fire in the Missouri Penitentiary Traced to a Plot of Convicts. JEFFERSON, Mo., Dec 20.— The source of last night's fire in State Prison has been traced to a gang of thirty-three convicts, some one of whom fired a bundle of refuse under a stairway in the clothing depart ment. Tbe fire smoldered until nearly midnight, when it burst into a blaze. Tne incendiary act was no doubt done in a hope to escape during the confusion. Not withstanding the great excitement War den Payne and the guards at no time lost control of tbe prisoners. The clothing de partment is located in cell building 1, and while the guards were transferring the convicts from this building into cell build ing 3 two convicts attempted to escape, but both were captured before they got away from the building. Great bravery was shown by the convicts, who were re leased from their cells to help extinguist the fire. A convict from St. Louis, who at one time belonged to the fire depart ment of that city, acted as captain to the Sate Fire Department! The Star Cloth ing Company, which is also situated in the same building as the State Depart ment, was at one time in great danger of having its entire stock of clothing de stroyed. PRICE FIVE CENTS. SECRET TRIAL OF THE ANARCHISTS E ght Bomb- Throwers Are Condemned to Pay the Death Penalty. Mystery Surrounds the Fate of the Remainder of the Prisoners. In the Vau't of a Fortress the Spanish Officials Court-Martial All of the Accused. BARCELONA, Spain, Dec. 20.— Eight of the anarchists who were convicted of complicity in the bomb throwing that occurred here in June last have been sen tenced to death by the court-martial, be fore which they were tried. The Attorney- General, who personally conducted th« prosecution, asked the court-martial to sentence twenty-eight of the prisoners to death and fifty-six to penal servitude for life. The proceedings were markeri with the strictest secrecy, it being feared that the anarchists, of whom there are many in Barcelona, would make a demonstration if the fact of condemnation and sentencing of the prisoners should become generally known. The court-martial met in a vault in the fortress of Mont Juich, and only military officers were allowed to be pres ent at the trial. The crime for which the eight anarchists will suffer death was committed on June 7, on the occasion of a religious procession in celebration of Corpus Christi. Just as the procession was entering the Church of Sania Maria de la Mara bomb was thrown into the crowd that was watching the ceremony. The missile exploded with ereat violence, killing twelve persons in stantly and wounding fifty others, some of whom subsequently A large number of arrests were made, and eighty jour of the prisoners were held to await trial. Eight of them will be shot. It 13 not known what sentence has been passed on the others. FIFE PERSONS BURNED TO DEATH Exploaion of a Cool-Oil LatnpCausem a Family Holocaust. NEW YORK. N. V., Dec. 20.— A family of five persons were burned to death in their home, 514 East Fifty-eighth street, to-night. The dead are: Aaron Gold smith, 45 years old, wholesale liquor dealer; Mrs. Katilda Goldsmith, 53 years; Bertha Goldsmith, 10 years; Hattie Gold smith, 8 years; Frank GoMsraith, 6 years. The only other person in the house at the time of fie fire was Mary Koska. 20 years old, the servant of the family. She escaped by jumping out of a second-story window to the rear yard and running through tbe basement hall to the street in front of the house. The fire was caused by the explosion of a piano-lamp in the parlor. FOUGHT TO THE DEATH. Enemies Meet in 'lmnetste and a Duel With Revolvers Knauea. ATLANTA, Ga., Dec. 20— A special to the Constitution from Knoxville, Term., says : A Sunday duel with revolvers, in wnich both participants were killed, oc curred to-day in Campbell County. The scene of the duel was nine miles out. Lincoln Baird and William Miller, two young men, had for some time been ene mies. They met in the road and renewed the quarrel. Both men fired several shots and both fell on the ground mortally wounded. The sound of the shots at tracted the attention of the nearest inhab itants, who on going to the scene found both men lying on the ground dead. Clinton O. Hn/icoek Dead. PHILADELPHIA. Pa., Dec 20.—Clin ton G. Hancock, general passenger agent of tbe Reading Railroad Company, died to-day. KEW TO-DAY. Tarn O'Shanter's ride through the midnight wind with the horrible hob- foblins pursuing him was only a bad ream, or nightmare, which anybody is liable to experience as the result of over- eating or an attack of biliousness or in- digestion. To avoid such disagreeable experiences one or two of Dr. Pierces Pleasant Pellets should be taken after a too hearty meal and the action of the stomach will thereby be quickened and the meal promptly digested. Then too if Nature be assisted a little now and then in removing offending matter from the stomach and bowels you will thereby avoid a multitude of dis- tressing derangements and diseases, and will have less frequent need for your doctors' services. Of all known agents for this purpose, Dr. Pierces Pleasant Pellets are the best. Their secondary effect is to keep the bowels open and regular, not to further constipate, as is the case with other pills. Hence, their great popularity with suf- ferers from habitual constipation, piles and their attendant discomfort and man- ifold derangements. The Pellets cure biliousness, sick and bilious headache, dizziness, costiveness, or constipation, sour stomach, loss of ap- petite, coated tongue, indigestion, or dyspepsia, windy belchings, "heart- burn, 1 ' pain and distress after eating, and kindred derangements of the liver, stomach and bowels. One little "Pel- let" is a laxative, two are mildly ca- thartic