The Saint Paul globe., August 31, 1901, Image 1

About The Saint Paul globe. (St. Paul, Minn.) 1896-1905

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
j: OFFICIAL PAPER ;
OF THE
j; CITY OF ST. PAUL. \
VOL. XXIV.— NO. 243.
DENIES IT ALL
REAR ADMIRAL HOWJSON SAYS
OBJECTIONABLE INTERVIEW
. WAS UNAUTHORIZED
HAKES OFFER TO WITHDRAW
Kavj- Department in Answer De
clines to Relieve Him From
Service on Schley Court
of Inquiry.
NOW RESTS WITH THE COURT
'WASHINGTON, Aug 30.—Acting Sec
retary flai-Kett made public today j er
sonal correspondence between Rear Ad
miral Howison and himself In elation to
the !:tness of the admiral to serve up in
the.- court of inquiry, Admiral Howison
having consented that his personal letter
shall be given to the public. A copy of
Lear Admiral Howison's letter has been
sent to Rear Admiral Schley. The cor
respondence Is as follows:
HOWISON'S LETTER.
Personal.)--72 Asbury Avenue, Yon
kers, Aug. 21. 1301.—Dear Sir—i have ju_t
returned to my home after a short vis
it to Saratoga and Lake George.
Owing to my detail on the court of in
quiry ordered to meet January, IW2 nest,
1 lind newspapers are giving me cred.t
for serving nearly hall a century In the
L nited States navy with honor. I' see
also that " I am thought
objectionabe to this court of
inquiry in being thought to have ex
pressed opinions on tne conduct of the
battle of Santiago while serving as com
mandant of the Boston naval yard short
ly niter the result or that battle was
known. I believe the secretary knows
that 1 did not attempt to make public
speeches, write for magazines or news
papers or make public utterances on
navy or other public subjects. It has
been impossible for me to avoid the vis-
Its and questions of representatives of
newspapers while serving at naval
stations at a time when the
navy was so busily employed. At Mare
Island, during my long service there,
particularly during the great railway
.trine, the papers contained many
statements said to have come from my
olhce, all, or nearly all, of these reports
wore harmless, regarding the several
naval detachments serving for the pre
servation of law and order.
PRAISE FOR REPORTERS.
During my two years' service at the
Beaton station there was scarcely a day
I assed without visits from the several
\e ston newspapers, and during the Span-
Is.! war the Boston navy yard was sel
dom without newspaper representatives.
1 found' the- newspaper men gentlemanly
nt all times, ,and whatever information
1 could reasonably impart to them I gave
tarn. 1 interpreted to them the law and
regulations relating to the duties and re
sponsibilities of the several grades of of
t.cers throughout a fleet of vessels from
the commander ln chief to the lowest
among the crew.
When the news of out naval success at
.*■ ; ni.a and Santiago reached there the
people of Boston were not beyond the
„r_s_-.of the country in giving praise to the
men and commanders-in-chief of the
ib ets. The enthusiasm of the people in
honor of the men and officers engaged at
-"a.itiago lasted some time and there was
much-discussion to whom the praise
should go for the conduct of that en
gagement. It is the custom In the navy
that praise for the success of an en
gagement goes to the commander-in
chief; censure for failure also goes to
lim. It is said that I made a comparison
I«. I weep Schley and Sampson, unfavor
able to Schley. The word "respected" as
used by the reporter ls seldom or never
used by navy men In comparing the
qualities possessed by officers, and I am
sure I could never have said this as he
reports, nor said that Schley had the
reputation of being nervous and hot
headed In the naval academy.
On e may say an officer stands higher
in his class; if true, another may stand
liSl.tr in scientific attainments, while
another be distinguished for eminent
diplomatic services, while all under dis
cus-ion are of good standing and pro
ficient in their general professional call
ing.
l have no recollection of the gentleman
representing the Boston Record, and I
do not approve of his public statement
as mine. I cannot say that I have not
discussed with acquaintances matters
X>utlished In the newspapers relating to
our navy's success, as well as the un
fortunate dispute so widely carried on.
There are few or no persons la the
navy or in our country who have not
daily discussed these newspaper arti
cles.
Rom the papers it apears that Ad
miral Schley has strong doubts of my
fitness to fairly judge this case with Ad
mirals Dewey and Benham. As It is a
case of grave Importance to tTiose con
cerned and to the country, I am desir
ous of giving my tlmo to help' clear
away* the trouble.
"The personal opinions of members of
con, ts-martial or courts of inquiry _re
not sought nor desired by officers. While
I _©. 1 deeply honored at the selection of
myself for this duty, It is anything but
a pleasant task to sit In judgment on
fellow officers. However, the honor of
selection nor the unpleasantness of offi
cial duties do not enter into the matter,
! am now writing to say to you person
alls three things:
PLAIN DENIAL.
First- To assure you that I am not re
sponsible for nor did 1 dictate such an
Hit .rview as alleged in the dispatches
from Boston and stated In the news-
I< ...ers to have been mentioned by Ad
miral Schley in a recent letter to the de
re'' i cment.
Second—lf. however, the department
ie c .i that the cause of the navy and of
jus ice will be better served by relieving
me of duty on the court. I am entirely
re a- to withdraw voluntarily or to have
the department relieve me upon its own
Initiative.
T! Ird—lf, upon the other hand, the de
j ;;i .n.ent. knowing all the circumstances,
e.es res that 1 perform the duty, 1 am
entirely ready to perform it, and can
Upon my conscience and oath do my
c 1..- as a member of the court, "without
partiality," as the law requires. Yours
_ir.Ce.Tely and respectfully,
H. L. Howison,
Rear Admiral U. S. Navy.
11 iv. Frank W. Hackett. Washington,
D. 0.
HACKKTT'S REPLY.
(jpeisonal) Washington, Aug. 26, ltiOl.—
1 . er Admiral: Your personal "letter of
_'lh deserves an immediate reply. You
say substantially that there Is no "founda
tion for the statements attributed to you
as having been set forth in an interview
afterward published In the Boston Rec
ord, and, lately made the subject of a
Fl.-.t.ment from Rear Admiral Schley to
the- department. You evidently have
:> ad the correspondence between the ad
miral and the department, as published
la t week In the newspapers.
The ie part ment. let me assure you, has
no purpose of relieving you of this duty.
lie has Implicit confidence in your sense
<-'i justlr« and fair-mindedness.
* Should the counsel .for Rear Admiral
aonlcy proceed to offer to the court ob
jections to you it will be for itself to dc
cii.c as to your competency as a mem
ber.
Were your letter official, instead 'of
being merely personal, I should refer It
to the judge advocate of the court .to be
laid li.fore the public. I would like to
know if you object to my giving to the
pub.lo your frank and honorable letter in
t.ic .event that J*, should seem neces^--v
for me to Go so. -*■'
What you say only convinces me that
the department has been fortunate In se
ating you as the third member of the
Kiueji; accept the assurances 0 f my
§ (je St lata flobe
personal esteem and believe me, yours
truly.
—Frank L. Hackett.
Rear Admiral Howison, U. S. N., Yon
kers, N. Y.
SCHLEY'S COUNSEL DISSATISFIED.
The correspondence was sent to Ad
miral Schley, who discussed it with his
counsel. Later in the day the following
announcement was made:
"Admiral Schley's counsel ls entirely
dissatisfied with the position of Admiral
Howison. as disclosed in his letter to
Acting Secretary Hackett, made public
today.
The lawyers hold that it is not a com
prehensive denial of the statements at
tributed to Admiral Howison, nor, they
say, does it disclose sufficiently the ad
miral's freedom from bias. It is proba
ble they will set forth these objections
in a letter to the acting secretary of the
navy.
WAINWRIGHT AND LEMLY.
Commander Richard Wainwright, su
perintendent of the naval academy, came
over to Washington from Annapolis to
day and spent some time in conference
with Capt. Lemly, judge advocate of the
Schley court, In reference to the testi
mony to be furnished by the commander
who is one of the witnesses on the gov
ernment list. Capt. Lemly has been fen
gaged In work for the past week laying
base for the presentation of -his case.
Nothing has yet been heard by Acting
Secretary Hackett from Capt. Forsyth
in answer to the department's inquiry
touching his reputed . interview in rela
tion to the Schley case.
CLAESON LOCATED.
The navy department has Succeeded by
means of Its notice to the press yester
day ln learning the whereabouts of Gus
taf E. Claeson, who was the man at the
wheel on the Texas at the battle of "San
tiago. Capt. .Lemly, the judge advocate
of the Schley court of Inquiry, today
received a telephone message from a
person in this city giving him Claeson*3
address, which, however, was not made
public. . - -
MORE WITNESSES.
The naval orders of today contain the
names of three persons designated as
witnesses In the coming inquiry. . They
are Lieut. John Hood, of the Indiana;
Lieut. James G. Doyle, who, according
to a cablegram received today from Ad
miral Remey at Cavite, has been de..
tached from the New York and ordered
home, and. Chaplain W. T. Helms, now
in Buffalo, who has been ordered home
immediately.
CLAESON ANXIOUS TO TESTIFY.
NEW YORK, Aug. 30.-Gustaf L. Clae
son, who was at the helm of the battle
ship Texas on the day of the battle of
Santiago, and for whom the judge ad
vocate of the navy has been searching,
lives in Brooklyn. Claeson is a -Swede by
birth and thirty-five years of age. In an
interview tonight he said he expected to
be called as a witness before the court
of inquiry. ■■.■■-.-• * ■ .... . :
Referring to the movements of the ves
sels in the Santiago fight he said:
"Commodore Schley . posted the signal,
'The enemy Is escaping.' All the ships
directed their Course toward Ithe enemy.
The Texas, lowa . and , Gloucester were
the first to get down to business."
He also said that he had been anxious
for three years to tell all he knew about
that battle arid the work of the Brooklyn
and that he would be glad to have that
opportunity.
WILLIAM 11. HUNT, OF MONTANA,
Appointed Governor of Porto Rico
by President McKlnley.
WASHI-NOTON, Aug. 30.-The presi
dent today made the following appoint
ments:
William ' H. Hunt, of'"Montana,
to be governor of Porto Rico.
Long. Huitt, to be interpretor to the le
gation and United States consulate gen
eral at Bangkok, Slam.
War. Colonel Artillery Corps—John L.
Tiernon.
Lieutenant Colonels. 'Artillery—George
S. Grimes, John M. K. Davis
I Majors, Artillery—Alex. B. Dyer. Me
dorem Crawford, Garland N. Whistler,
Albert S. Cummins, Henry A. Reed
Captains, Artillery— R. Ward,
Winfield S. Overton, Mervyn C. Buckey,
Erale D. A. Pearce, Arthur S. Conklln,
Benj. M. Koehler, James F. Brady, Hugh
La F. Applewhite, Roderick L. Carmi
chael, Andrew Moses, Thomas Q. Ash
burn. Samuel F. Bottoms, Wiliard D
Newbill, Harold E. Cloke. Samuel C- Ves
tal, Thomas P. R. Mcfntyre, Richard H.
McMaster. •
First Lieutenants, Artillery—Gyw'nn
Hancock, Dan T. Moore, Clarence B.
Smith, Russell P. Reedier, Robert F. Mc-
Millan, Godwin Ordway. Lynn S. Ed-
Edwards, George M. Brooke, Hugh ...
Taylor, George Delss, Alden Trotter,
Spencer M. Bowman. Charles R. Law
s'"*, Gilbert A. Youngberg, Francis A.
Pope, Stanley B. Hamilton. William P.
Stockey, William I. Westervelt, Edwin G.
Davis, Frederick L. Buck, Jay P. Hop
kins, Leroy T. Hlllman; Upton Biernce
Jr., Archibald H. Underland, Clarence
Deems Jr., Raymond H. Fenner, Charles
L. J. Frohmitter, Edward N. Nones, Ar
thur P. S. Hyde. Clifford C. Carson, Har
ry E. Kitchell. Ernest E. Allen, Fred C.
Doyle, Pressley K. Brlce, George T. Per
kins, John MoManus, Augustine Mcln
tyre, John B. Murphy, Frank D. Ed
wards, George R. Greene, Robert M. El
llcot, Theodore H. Keieh, Henry C. Mer
rlam, Raymond W. Briggs, Harry C. Wil
liams. 4 .
Surgeons, Rank of Major— L.
Swift, Paul Shiller.
First Lieutenants In the .Porto Rico
Provisional Regiment of Infantry—Paul
Wuttke, T. Ernest Hamill.
ADM-KAI. WATSON SPEAKS OCT.
Will Prefer . Charges Against Any
Officer Who Maligns Schley.
NEW YORK, Aug. 30.—Admiral John
C. Watson Is quoted in the World as
having said in the course of a private
conversation in Washington:
"If any naval officer asserts that Ad
miral Schley is a coward and the fact
conies to my knowledge, I will see that
the delinquent gets a chance to vindicate
his opinion before a court martial. 1
will prefer charges against such an of
fender myself."
The remarks, according to the World's
correspondent, were brought out as a re
sult of the retailing of some of the
charges brought against Rear Admiral
Schley.
WASHINGTON NOTES.
Acting Chief Moran. of the secret serv
ice has received information that a very
bad. photographic print -of the Indian
head $5 silver certificate,-.check letter C,
has appeared and that a man. has been
arrested In Toronto, Canada, for passing
two of them. Up to this time no -in
formation has been received of .the ap
pearance of these notes.outside'of Can
ada.
Judge "Humphreys, of Honolulu, called
at the department of justice today and
had an interview with Attorney General
Knox. The attorney general has ar
ranged for a hearing of the charges
against Judge Humphreys to be held next
Monday or Tuesday.* Judge Humphreys
will be present, as also will be Frederick
W. Hankey, who represents. tho:> mem
bers of the Honolulu bar who are antag
onistic to the judge. At the conclusion
of the hearing the attorney general will
take the case under advisement and ren
der his conclusions soon thereafter to
the president. r . • ...
The war department approved the
contract made by the local engineer at
San Francisco for the construction of the
Oakland canal, which -is to extend from
Oakland harbor to San Leandro bay The
contract was made about four months
ago. but was held up until today by legal
complications. .
SATURDAY MORNING, AUGUST 31, 1901.
STATE FAIR VISITORS- ARE BEGINNING TO ARRIVE.
V _,
BOARDING J ____*
HOUSE ____- yif in w yTv\^ 11
I «_Y Jill* I r ry/^^
S= imr iinininiJ^ mn
J _*•_* **t -***-. '
_JJj__il..: :
'•^S'iM**- «~t* v-v y^^h^'irlJijTyr^- - ' ■-•***-r,"— ."/T^t^-"— ~ -** v./,cl . -_-X____?
"We coral down to «riil fair week with you, John."
TO UPHOLD THE LAW
COUNSEL OF MINE WORKERS WILL
ASSIST PENNSYLVANIA AT
TORNEY GENERAL
AGAINST COMPANY STORE
Hazleton Convention Plans to Bring
Mine Operators Who Have
Broken Contracts to
Time.
HAZLETON, Pa., Aug. 30.—The sta
tionary fire bosses, driver bosses" and
other under bodies to whose member
ship in the United Mine Workers' or
ganization some of the companies have
raised objection, the re-employment of
the stationary firemen who lost their
positions as a result of the strike inau
gurated by them several weeks ago, the
restriction of output and the amalgama
tion with the miners of the stationary
engineers and firemen, shd all separate
unions composed of various classes of
labor in and about the collieries, were
the questions which received attention at
this morning's session of the United Mine
Workers' convention. All these . matters
were referred for disposition to President
Mitchell and three district presidents.
The reg-il-:'ions adopted for the restric
tion of out out will not be made public.
When the committee, composed of four
executive officers, communicates with the
coal companies regarding a joint confer
ence, a request will be made for the re
instatement of the discharged firemen.
The organization does not anticipate any
difficulty in bringing within its jurisdic
tion all the separate unions now flourish
ing. President Mitchell claims that three
fourths of the firemen and engineers are
today Identified with the mine workers'
organization. The convention adjourned
sine die at 4 o'clock today. President
Mitchell will go to Minersville tomorrow
to deliver an address. He will then tour
the coal region for about ten days.
WILL DEFEND THE LAW.
The convention authorized the officers
to engage counsel to assist'Attorney,Gen- V
eral Elkin in defending the constitution
ality of the new company store law,
against which objection, have been made
by counsel on behalf of several coal com
panies. This is one of the laws which
was passed by the last legislature on re
quest of the mine workers. Several res
olutions denouncing the legislature for its
alleged failure to enact into laws all the
bills demanded by the mine workers were
ruled out of order on the ground that the
injection of politics was against the rules
of the organization. : - ;
The convention authorized the respect
ive district executive boards to declare
local strikes where last spring's agree
ments have been violated by the com
panies. Preparations will be commenced
at once by National President Mitchell
and the three district presidents for
bringing about a joint conference with
the operators. They will collect all data
relating to breach of contracts and such
other matter as may" be necessary, and
thus armed will seek an interview with
each of the presidents of the coal-carry
ing roads in New York.
A committee representing the executive
board of this district went to Drifton this
evening to confer with the officials! of
Coxe Bros. & Co., regarding grievances
complained of Jat the collieries of the
firm. The committee will report to the
executive board tomorrow afternoon. A
suspension of work at the Coxe mines
may be ordered if no concessions are
granted.
HAS BEE IN HIS BONNET
GOV. SHAW, OF IOWA, A CANDI
DATE FOR THE PRESIDENCY. h
CHICAGO, Aug. 30.—Senator Do'liver,
of lowa, while In Chicago today, m
nounced that Gov. Shaw, of lowa, would
be a candidate for the presidency. The
senator also said that lowa and a con
siderable portion of the Middle West
would be back of lowa's favorit- son. v
Senator Do.livers announcem:-ut was
precipitated today by the fact that his
presence in Chicago was reported to "be
for tne purpose of meeting Vco Presi
dent Roosevelt. Senator Dolllver said: "'
"Vice President Roosevelt is a popular
man and has hosts of friends, b.t I do
not know whether he is launching any
boom for 1904 at this time.
"lowa has a candidate in the person
of Leslie M. Shaw and my state Is back
of him solidly. I believe that we can
caunt upon other support, but the date of
the next convention is far off and many
things may happen between now and
then. Gov. Shaw has a strong hold upon
lowa, and upon the nation. : He .is a
safe, conservative man and - a man of
ability. His reputation is not confined to
the borders of his own state end his
term of governor of lowa has b; _n one
of the most successful in th. history of
the commonwealth,"
COVER GROUND FAST
■ *-v_ .. .j ■.
WILLIE I*. VANDERBILT JR.'S AU
TOMOBILE MAKES FIVE MILES
:. IN 7 MIX.- 36 SEC.
WINNER IN NEWPORT RACES
Seven Thousand Spectators Saw the
Vanderbilt .German Mnchine .,
Run Away From Foxhull
Keene's Racer.*"" '""'*'
NEWPORT, R. 1., Aug. 30.-The -auto
mobile races held by the National asso
ciation were run off on the . half-mil.
track at Aquidneck park this afternoon.
Mr. William K.T'V^'^Ut Jr.", the presi
dent of the _orgr::-zatlon. was the ' star
performer of the cay. He drove his own
machine 'in four ' races, made the. best
time on the track, a-nd won the cham
pionship cup. Fully 7,000 people went" to
the track. It wa3 a notable society
function and nearly every prominent
family living here was represented.-....,-,.„
i In | all there, were sixteen , races, but
the one attracting most ' Interest a<nd
arousing the greatest excitement was
that between young Mr. Vanderbilt in
his new German racer of thirty-five
horse power, and Mr. Foxhall Keene, In a
machine of fully sixty-horse power? Each
had won preliminary heats." /.-.-_,..
Mr. Vanderbilt quickly shot ahead at
the start and at the end of the first lap
was an eighth of a mile ahead. Aided
by a very clever chauffeur, who at the
sharp turns took every chance and leaned
far in with only a small strap to support
him. Mr. Vanderbilt added to his lead in
the.first mile. He was -fifty-six seconus
at the half and only 1 minute and 36
seconds at the mile.•' His third half mile
was made in 41 seconds, the fastest lap
of the' meeting. jlalf way over, the
course he had Mr. Keene surely beaten,
barring accident, and finished the five
miles in fine form,, a winner in 7 min
utes and 36 seconds, the fastest five miles
of. the day. ' . "
The -last event of the day was the
Championship, for the winners of all
classes, ten miles, or twenty times
around the track.
This Mr. Vanderbilt won handily in IS
minutes and.23*. seconds. A noteworthy
competitor was Mr.. Kenneth Skinner, on
a motor tricycle, who was second, cover
ing the ten miles in 17 minutes and 25
seconds. '' .'" .- •
WILLIE : K. GETS SINCHED.
William. X.: Vanderbilt Jr., was sum
moned to police court today, and fined $10
and costs for allowing his automobile to
exceed the .speed flx*:d by the' ' city
ordinance. -; 'v{.. -.■'
The offense was ,committed on Ridg.
road Wednesday.
.Chief of Police Richards, who--yester
day had Foxhall Keene. and Reginald
Vanderb'lt- fined for fast riding, was the
complainant in today's case; The latest
offender promised that he would observe
the law hereafter.
Robert. C. Maxwell andCharPs Young
also were fined $10 each for over-speeding
their automobiles. Maxwell is chauffeur
for Frederick H." Benedict, of Stone Villi,
and Young has charge of the automobile
owned by" Louisißrugaive, of San Fran
cisco. -^•, y\_ '•;"' '-.■•■- '-. . >."--;
RACE HORSES CREMATED
FLAMES'RAISE HAVOC AT ST. LOUIS
FAIR t-.J.O.XDS TRACK.
ST. LOUIS... Aug.: 30.—Fire that broke
out In the southwest corner of the fair
ground race.track -.oday consumed about
a dozen stables, valued at $5,500, and
burned to death a' number of valuable
race horses.' Great excitement prevailed
during the fire., rldrses were turned
loose and ran aw iy in every direction.
It is impossible to learn the names of
all-4ne"a»imals consumed, but it is
known that Tom C. e^mwell, Miss Faustus
and Silent Brook m X their death. It was
reported that a sic. boy had been incin
erated In one of. the stables, but this
could not be corroborated.
j ATTACKED BY A BABOON
-.;. Li.*!s * -"-'
OMAHA NEWSPAPER MAX IS PER
'"-'■'* HAPS FATALLY INJURED.
OMAHA, Neb., - Aug. 20.—William A.
Pixley, amusement editor of a local pa
per, was perhaps ' fatally injured today
| by. a maddened baboon. £; Mr. Pixley was
visiting the . dressing tent of a dog and
i pony show, accompanied by his sister.
! The baboon,- known as '■ "Jim Robinson,*'
attacked Pixley, biting him several times,
and opening the .flesh In gaping wounds.
The Pasteur treatment was at once ad
ministered to prevent the spread of the
poison caused? by the animal's teeth. The
management of the show says the baboon
.objected to the presence of a woman in
1 the tent f-
IS VERY SLOW PAY
DE LIMA & co. still nave re
_.. :fl'nd COMING FROM I NCLE
SAM'S STRONG BOX
rear
IS ONE OF INSULAR CASES
Comptroller of the Treasury Rules
That Plaintiffs May Collect Judg-
ment Obtained Last Spring:
From General Fund.
WASHINGTON, Aug. 30.—Mr. Trace
well, the comptroller of the treasury, has
rendered a decision which disposes of the
famous De Lima cas?. He holds that, un.
der the recent decision of the United
States supreme court, the judgment ob
tained by De Lima & Co. for $14,597 from
the United States on account of duties
paid by them on goods shipped from
Porto Rico to the United States between
the date of the ratification of the treaty
of Paris, and that of the approval of th.
Foraker act, may be paid out of the gen
eral fund of the treasury department
without further action by congress.
The question of issue was whether, in
view of the recent decision of the United
States supreme court, this judgment
might be paid from appropriations or re
ferred to congress for a special a.-pro
tion. The judgment obtained by the plain
tiffs was for $14,597, which • includes the
sum of $1,509 interest, beirg the Interest
on the amount paid in excess, to wit:
$13,145 to date of rendition of judgment,
and .also the sum of $6S costs In the su
preme court, and $21 ln the circuit court.
After referring to the case of Lascclles
& Co., which was similar to the case un
der consideration, and decided by the
comptroller in July last, he says:
COMPTROLLER'S RULING.
''The only difference between the case
under consideration and that case is that
the former case, Lascelles & Co.. had net
recovered judgment against the United
States or the collector of customs for the
duties so wrongfully exacted and paid by
them under protest.
; "It would seem to the ordinary mind
that it would be a travesty on justice to
refund duties Illegally exacted where a
judgment had not been obtained, and to
refuse . a refund under exactly similar
conditions where the persons peeking the
refund had been diligent and had th-
rights ascertained and settled in the
highest court in the land. If there Is an
appropriation available to pay duties il
legally exacted, it follows that the ascer
tainment of the fact of the illegal exac
tion of such duties and the ascertain
ment of their amount by the judgment
of a court, the only tribunal that can
finally and conclusively settle these ques
tions would not and could not have the
effect to nullify the appropriation.
"It is perfectly clear to my mind that
when section 9"*9, Revised Statutes, and
the act of 1875 is considered with refe-
ence to section 8689, Resived Statutes,
providing for the refund to Importers c f
the excess of deposits for unascertained
duties or other moneys paid under p. >-
tost, that said fee-tie. 3659 carries an ap-
I roprtatlon available to pay judgments of
the character, of the one under consecr
ation." _
STRIKERS IN CONTEMPT
CHARGE PREFERRED BY FORMER
ATTORNEY GEM-HAL HARMO.V
CINCINNATI, Aug. Before argu
ment began in Judge Smith's court today
on motion to dissolve the temporary in
junction against the loe-ked-out carriage
makers, former United States Attorney
General Judson Harmon announced that
he would prefer charges of contempt of
the court against the defendants, charg
ing that the temporary order had been
repeatedly violated, and that there was
not an hour when the plant of the Amer
ican Carriage company was not patrolled
and picketed by the strikers.
He declared that last; night one of this
company's employes was assaulted by a
striker and had to flee for. his life.
Judge Smith refused to dissolve his re
straining order against the strikers, and
the hearing of the contempt cases against
the locked-out men was set for next
Tuesday. ...
WAS PARTNER OF GEN. GRANT
H. Victor Xewcomli la Discharged
From Sanitarium.
NEW YORK, Aug. 30.—L. Victor New
comb, at one tlme^a well known figure
In Wall street, was discharged from a
sanitarium today, where he had been
for two' years. Mr. Newcomb was born
In Louisville in 1844. His father was
president of the Louisville & Nashville
railroad. He was elected to the same
position after his father's death. In ISO,
after resigning the presidency on ac
count of ill health, he came to New
York and established the United States
National bank, and became its president.
Associated with him in the management
of the bank were Gen. Grant, Morris K.
Jessup, William B. Travers and Henry
B. Hyde. -
PRICE TWO CENTS—J?" I™"""*
*-w 1 FIVE CENTS.
£•;;■■* BULLETIN OF
IMPORTANT NEWS OF THE DAY
Weather Forecast for St. Paul:
Fair.
Denied by Howison.
Gen. Ludlow Dead.
Auto Races at Newport.
Insular Case Judgement Unpaid.
Mine Workers Will Uphold Law.
Fourteenth Reaches Snelling.
Electrical Company to Build.
Mi.i» James Saves Her Dog. -
Free' l'honea in City Hall.
Knows Where Claeson Is. *
Farmer Slugged and Robbed.
Labor World Denounces Shaffer.
Golf at Winona. :'*^.-.. :
News of the Northwest.
—Editorial Comment.
C—Saints II ii i'it Home Today.
Games in the Big Leagues.
General Sporting; Information.
ii Grain Rates Are Advanced.
News of the Railroads.
7—Grain and Provision Markets.
December Wheat, 71 .".-le.
Bar Silver, lis l-_e.
Stocks More Active; Stronger.
-S—Prizes at the Horse Show.
Rushing Work at Fair Ground*.
Guessing on Evans* Successor.
THE WEATHER.
For Minnesota—Fair Saturday; warmer
in southern and western portions; Sun
day fair, with warmer In east portion;
light easterly winds.
For Wisconsin—Fair Saturday; warmer
in north anei west; Sunday fair; warmer,
light to fresh north 10 east winds.
For lowa—Generally fair Saturday and
Sunday; easterly winds.
For North Dakota—.'air Saturday and
Sunday; east to soutn winds.
For South Dakota—Fair Saturday and
Sunday; variable winds.
For Montana—Pair Saturday except
probably showers in northwest; cooler
in north central portion; Sunday fair,
variable winds.
St. Paul — relay's observations,
taken by the United States weather bu
reau. St. Paul, P. F. Lyons, observer, for
the twenty-four hours ended at 7 o'clock
last night—Barometer corrected for tem
perature and elevation: Highest temper
ature, 70; lowest temperature, 59; average
temperature. 64; daily range, 11; humid
ity, 73; precipitation, 0; 7 p. m., temper
ature, 64; 7 p. m., wind, northeast;
weather, .clear. - '*''
Yesterday's temperatures—
-<- - *Bp.m.High. •-p.m.H.K'i.
Havre 90 92 Kansas City..B2 88
Med. Hat ....88 90 Marquette ...64 50
Prince Albert.76 52 Milwaukee .62 68
S. Current ...80 86 Minnedosa ...TO '76
Alpena ........60 , 66.Montgomery .go 80
Battleford ...80 SO Montreal ....70 74
Bismarck ....78 80 Nashville ....82 88
Buffalo 72 74! N. Orleans ...SO 86
Boston '.70" 82 New York ...74 82
Calgary 78 82 Norfolk 72 Mi
Cheyenne ....62 70 North Plutte.7B Si
Chicago 64 10 umaha 80 .84
Cincinnati ...78 •90 Philadelphia .74 81
Cleveland ....70 78 Pittsburg ....68 86
Devenport ...72 80 Qu'Appelle ..70 78
Detroit 70 74 8. Francisco .66 58
['uluth 5. 6*. St. Louis ....84 9i
Edmonton ...76 82 Salt Lake ....SI 8*
Grand Haven.64 72 St-. Marie „«Q C 8
Green 8ay....66 .66 Washington .76 84
Helena ...... 74 84 Winnipeg ....68 72
Hu "',V'7B Med. Hat -•83 °
Jacksonville .76 b_
Rtver hKun tme °p. m. St. Paul). '
River Bulletin -
-♦-„ Danger Gauge Change In
stations. i,„. Reading 24 Hours
Sf" laul 14 2.6 0.0
Davenport 15 2.0 —« i
[.;' Crosse 10 2.2 -O.'l
St. Louis .........30 .. -. 5.9 -0.1
-Fall. •< -. . ■ , ... .
-r^Vfl __.eC!7 fi _ till 8 p. m. Saturday:
The Mississippi will reman. stationary, or
fall slightly, in the vicinity of St. Paul
OCEAN LINERS.
New 1 ork-Arrived: Campania, Liver
pool; Canadian, Liverpool; Karamania
Leghorn; Island, Copenhagen
Lizard-Passed: Switzerland. Antwerp,
for Philadelphia; Mat, 1:26 a. I* Fried
rich d,r Crosse, New York, for South
ampton and Bremen.
Queenstowh—Arrived: Lucanla New
York, for Liverpool; Cevlc New York
for Liverpool. Balled: New Englmd
(from Liverpool), Boston.
Isle of Wight—Passed: Northwestern,
Chicago, via Sydney. C. j:.. for Antwerp.
Hamburg — Arrived: Denderah Ban
Francisco, via Montevideo, and St Vin
cent. C. V.
Liverpool—Sailed. Nomadic. New York
Moville- Sailed: Parisian (from Liver
pool). Montreal; Astoria (from Glass
New York.
Hamburg-Arrived: Pretoria, from New
York, via Plymouth and Cherbourg.
Bremen—Arrived: Lahn, from New
York.
Havre,—Arrived: La Gascognc fr.im
New _ ork. ;;-. . .
ONE IS FROM ST. PAUL
EI.EVEV DEATHS RESL'LT FRO"*.
FAIRVILLE, S. "... WRECK
Mrs. C. G. Edwards Dies in Roches.
. ter Hospital as Result of Sealrf
liiK Received About I'm e--
--and Chest.
NEWARK, N. V., Aug. 20.-TI,. wreck
of the south-bound passenger train on
the- Sodus bay division of the Pennsyl
vania railroad (Northern Central' last
night has resulted, up to tonight, in the
death of eleven persons. Following la a
corrected list of the dead:
REV. DR. A. PARK BURGESS, Syra
cuse.
MRS. A. PARK BURGESS, Syracuse
FRANCIS BURLEIGH; Newark N V
MRS JAMES W. FORD Newark 1
N. Y. "
MRS. ANNA KANE, Klmlra.
WILLIAM MEAGHER, Sodus Point
HOWARD TUBES, Elmira.
MRS. L. S H. HOOD, Seneca Falls.
MRS. C. H. BRADLEY. Seneca Falls
MRS, ELIZABETH TODD, Newark
N. Y.
MRS. C. G. EDWARDS. St. Paul.
The injured in this city arc doing as
well as can be expected. Mrs. A. D.
Burnham and Mrs. William Le Munyon
of Port Gibson, and Mrs. Rose Edwards]
of Newark, are very low
The death of Rev. A. Park Burgess, of
Syracuse, occurred at the home of Ids
son, W. C. Burgess, this afternoon. He
was widely known throughout Centra]
New York as a great opponent of _a
loons.
Mrs. C. G. Edwards, of St. Paul. Minn.,
who was badly scalded about the face
and chest, died at the Homeopathic boa-.
pital in Rochester tonight. It is under
stood Mr. Edwards Is on his way from
St. Paul. Mrs. E<_warus had been to
Sodus Point and was returning to New
ark, where she had been visiting rela
tives this bummer.
Of the remaining injured lit the hospi
tals in Rochester, it is feared three can
not survive the night. They are;
E. 11. Bradley, Seneca Falls; Mrs. E.
A. Hare, Greenfield. Mass., and Mrs.
Elizabeth White, Newark.
I OFFICIAL PAPER \
OF THE
CITY OF ST. PAUL.
A HERO IS DEAD
BRIG. GEN. LI'DLOW. I. S. A.,
PASSES AWAY OF CONSUMPTJOSI
AT CONVENT, N. J.
TAKEN ?ICK IN PHILIPPINES
The Deceased Officer Was Invalided
Home With tin- Hand of Death
Already Heavy Upon
Him.
RECORD AN HONORABLE ONE
NEW YORK, Aug. CO.—Brig. Gen. Wil-
Ham Ludlow, U. S. A., died at Convent,
X. J., of consumption today at th. house
of Mr. Grlscom. Ilia Illness was nrst no
ticed on his arrival In the F?Tppihta in
May last. He was at once sent home in
the hope that the American din i would
restore him, and went at once to Con
vent.
Gtn. Ludlow was one of the best known
officers In the army. He- entered the m ll
tar y academy from New York in 1860. and
graduating before the close of the Civil
war, entered the corps of engineers. He
rendered conspicuous services In the
South, for which he was breveted lieu
tenant colonel.
Many Important-works of coast defense
and river harbor Improvements have brer,
under his charge, and he was a member
of the Nicaragua canal commission wh'ch
ma.c a report on that proje-t juit be
fore the sent commission was appoint
ed.
SERVED BEFORE SANTIAGO
In May, IS!)"", he was m.-.el.- a brigadier
general of volunteers, and took an im
portant part in the operations around
Santiago. He was promoted to be major
general of volunteers In recognition of his
services. Upon the rearrangement of tho
volunteer officers after the close of the
Spanish war, be became a brigadier gen
eral of volunteers, and retained that posi
tion until appointed a brigadier general
In the regular army last January. Soon
after his appointment, he went to t\.n
Philippines, but a short service there en
veloped tuberculosis, and he was Invalid
'''' home. His friends have known for
some time that his death was but a ques
tion of time. While he was serving as
brigadJi gen. ral of volunteers, he was
military governor of Havana, and Insti
tuted many reforms in the government "f
that city. He was the Idea] sofjler In
appearance and was a man of great
ability. He- was No. 3 on the list of
brigadier generals, and had he lived, was
uestln soon -.i become a major general,
and perhaps ultimately to the comman 1
of the army. He- was a brother of Rear
Admiral Nlcol Ludlow, retired. Gen. 1.-.i l
low at one- time was enjr'neer commis
sioner of th.. District of Columbia ami
afterwards was military attach- at Lon
don.
FATAL TRAIN WRECK
SKVEXTBEV PEOPLE REPORTED
KILLED IV CRASH os GREAT
MMtTi.--.itm RAILROAD.
SPOKANE, Was!.., Aug. 30. It Is re
ported here that a disastrous wreck oc
curred tonight on the Great Norther,
forty miles cast of Kalispel], Mont.
Seventeen people are reported killed.
Great Northern officials here have re
ceived only meager reports of wreck
near Kallspell. it is known, though,
among the Injured were P. T. Dowries
and son. Mr. Downes was until recently
assistant general superintendent "' tho
Great Northern ami was recently pro
moted to the position of vice president of
the Spokane Falls & Northern branch
of the road. Mis home Is in Spokane.
Mrs. Downes Is In the East. v
The brief reports received here say that
the wreck took fire and that the telegraph
line was burned.
WHITEMAN IN THE TOILS
j FORMER MIXKESOTA STATE SEN-
I ATOR AOAIX UNDER ARREST.
BOSTON, Aug. 3).—On the charge of
swindling two firms of biejk'r-e In this
city. .\ie ; , z.i J. Whlteman, former ftt.to
senator In Minnesota, was arrested this
afternoon. Whlterr.an has been s^mmc?..
In New fork for swindling, and while
waiting for a certificate of reasonable
doubt which he hoped to secure, he was
out on ball, and came to this city. It Is
alleged that ii,. secured a loan of $ls7..V>
early this week from William Hunt & Co.,
brokers, to use in speculating represent*
Ing that he had ?2.0'-0 on depos**» In tho
Brookline bank, and giving his name a-
Carl i"". Burdlck, of Brookline. On '.*_.-?
day. it Is claimed, he passed a cheek for
{3,000, afterward found to be bog'is.. drawn
on the I'roe.ekline bank. Armstrong, Sehrl
mer & Co., another brokerage firm, being
the alleged victims this time. After be-,
Ing arrested, the police say, he admi. U d
his Identity.
m
NEGRO FRANCIS AT LARGE.
Murderer of Miss Henderson tins
I'liid.-.l Hi. Pursuers.
KANSAS CITY, Me, . Aug. 30—Will
Francis, the negro who assaulted and
murdered Mius Mary Henderson at th<»
home of h^r brother-in-law, Charles
Hyatt, near Columbia, Mo., Tue.jdfty
afternoon. Is still at large and his pur
suers reluctantly admit that he has •■in l
ed them and probably has left the cnun
country. Every clew has been traced to
an unsuccessful conclusion and Interest
ln the case Is now at a low ebb.
Tonight word was received at Mot.ten
thi-t a negro who answers the description
of Francis v, as Pee at the Sa:ik»-y echoed
house, a de.-crted place tw<> miles south
of Holden. It Is reported the negro has
been staying In the deserted school honne
and had asked for food at the home of
Harlan Smith, a farmer war there- A
posso from Rolden ;... - started ""or the
S_r:he-y school houne.
TO DISBAR AN ATTO&SEY.
h-»tiMr.etioM« to Federal l.f.ntl OflJce
. tit Rapid City, S. i"
RAPID CITY. S. D.. Aug. 3*1.-Tlie of
ficers of the United States land ottice in
this city have received Instructions troin
the general land ofiice at Washington, to
commence disbarment proceedings
against O. I* Cooper, a prominent at
torney of this city. The charge sln the
complaint s« forth that Cooper ha* been
guilty of perjury' '" his. practice li.roro
the land clllce: also that tie has seeureJ
Illegal homestead entries, has threatened
the Uvea of the- officials of the land bfllr*
In this e-.tj and >.__« done «e\N4*J unlu-.v
. Ml things. .^.