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The Saint Paul globe. (St. Paul, Minn.) 1896-1905, February 25, 1902, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn90059523/1902-02-25/ed-1/seq-1/

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VOL. XXV.—NO. 56.
Argument Is That if This Action Be
comes Precedent, Any Rules to
Deny States Representation
May Easily. Follow.
\Vasliinj» i«»n, D. ('.
WASHINGTON, D. C, Feb. 24.-A
question of greatest moment was raised
in the senate this afternoon, when the
majority by plain resolutions supported
by o:ily one more than half a vote of
the senate deprived two members of the
ratio majority of their right to
vote, contrary to provisions of the con
stitution of the United States, guaran
teeing to each state equal franchise in
the upper branch of congress until uvo
thjrds majority shall have expelled such
representative of state.
tors Tillman and McLaurin, of
South Carolina, were refused the priv-
Of voting on the Philippine bill.
The fact that they had been adjudged in
contempt by reason of Saturday's episode
was the pretext. The entire Democratic
minority registered protest in the roll
call, which was' forced, and Mason, of
Illinois, voted with the minority.
In the evening during' the visit ol
Prince Henry discussion-of this qu?3i*on
of high privilege went forward, an.l Sen
ator Bailey, of Texas, made a most earn
est and forceful appeal arguing that vio
lation of states constitutional rights
was proposed.
No effort was made to justify the con
duct of the Benatora from South Car
olina. Neither did any senator deny the
right of the senate to discipline its mem
bers. The point made was that tii? con
stitution guarantees the right of each
6tat- to be represented and of its repre
sentative to vote, and that this right can
not be taken away except by expulsion of
a member, which requires two-thirds
In the present instance the senator.? are
adjudged guilty of contempt, the speaker
caused their names to be taken from the
roll call, and the members were today
refused the right to speak or to vote, all
this being done by a plain majority vote.
In the meantime the committee appoint
ed to hear their cases has had no meet
ings; the two senators have had no irial,
and it is within the power of the ma
jority to keep these members Indefinitely
in suspense, at once depriving the state
of right to be represented by these two
senators, or by any others who might
be chosen if these should be expelled. >
The question is regarded by. Democrats j
i:; 1 oth branches of congress as of ut- |
most importance, as setting a dangerous j
precedent and opening the way for the
majority to at any time gag members cf I
the minority or depiive them of their
President Bars Tillman.
The President today withdrew his in
vitation extended to Senator Tillman, of
South Carolina, to attend the dinner to j
be given tonight in honor of Prince He:u ;
ry of Prussia at the White house. Sen
ator Martin, of Virginia, a member of
the committee on naval affairs, accepted
an invitation in Mr. Tillman's place. The
Invitation was extended originally to Mr.
Tillman, owing to the fact that he is the
ranking minority member of the naval |
"affairs committee.
Mr. Tillman, through Senator Cockrell. ;
■of Missouri, a friend, was requested to j
decline the invitation, but refused.
Senator Frye, president pro tern, of the \
eenate, gave direction to the clerks of ;
the senate today that the names of Sen- j
ators Tillman, and McLaurin, cf South ■
Carolina, must not be called on roll calls ;
until further notice. The senators are i
thus .suspended from all senatorial func
An echo of the sensational fight of Sat- ;
urday was heard at the conclusion of [
routine business.
McLamin A«.ks Investigation.
Mr. Pritchard. Republican, of North j
Carolina, submitted the following letter. !
which was read at the clerk's desk:
"Washington, Feb. 24. 1902.—The Hon.
J. C. Pritchard, United States Senator,
Washington—My Dear Senator: 1 was :
prevented, as you know, from offering I
the resolution which I wrote at my desk
Saturday demanding an investigat.on of 1
the charges made by my colleagues, by j
being adjudged in contempt of the senate. !
I am now debarred the privilege, and re- :
quest you to introduce the resolution, for :
the reason that, if the charges are true, !
I am unfit to remain a member of the
senate, and if they are untrue the man
who made them is unfit to remain a .
member of this honorable body. In any
event. I feel that I am entitled to a vin
dication by the same body that makes in
vestigation in the proceedings for cor
tempt. 1 herewith inclose the resolution
ra truly,
—"John Lowndes McLaurin."
Mr. Pritchard then offered the follow
ing resolution:
'•Whereas, the senior senator from the !
state of South Carolina charged in a
speech on the floor of the senate that the
junior senator from the same state ha<A
been improperly influenced in casting his !
vote for the ratification of the treaty of i
peace between the United ■ States "and I
Spain; and
"Whereas. The paid charge was em
phatcally denied by the junior senator
"Resolved, That the committee on priv
ileges and elections be directed to inve-
tigate and report as to the truth of the
said charges, with full power to send for
persons and papers."
On motion of Mr. Hale the resolution
T.as referred to the committee on privi
leges and elections.
Til I man's Protest Is 1 nliecilcl.
The question of refusing Senators Till
tnan and MrLaurin a chance to vote first
came up when Mr. Aldrich made the
• point during the debate that as the sen
ls proceeding under an unanimous
agreement to vote on the Philippine biW,
no discussion was in order on any sub
ject. He asked that this point be =ub
■kitted to the senate, which was done
with the result that the discussion was
declared out of order by a vote of 46 to
23. On this question Senator Wellington !
voted with the Republicans to sustain
the point of order, while Senator Jones
of Nevada, and Senator Mason voted
With the Democrats.
Mr. Turner then sought to secure
recognition in order to have spread en
the re-cords a protest x>f Mr. Tillman
but the privilege was denied at t.;e time
end the senate proceeded to the consider
ation of amendments to the Philippine
Mr. Turner, after the vote on the Phil-
I bill, renewed his request that the
■ of Mr. TiHman against not be
ing allowed to vote should be spread
- upon the records and be published in ihe
Congressional Record. He did not ask
Continued on Fifth Page.
m " i
PHILADELPHIA, Pa., Feb. 24.-A rear
end collision between the Norristown ac
commodation train and the Reading ac
commodation on the Philadelphia & Read
ing railway at Conshohocken, ten miles
above this city "today wrecked two cars
and injured a number of passengers,
Three of the injured were brought to this
city and one J. M. Cook is said to be in
a critical condition. The other two Ben-
Sousfy hS" and preston john ' are not
in?Pr,^ ennylVania railroa<* special bear,
ing Prince Henry had just passed a curve,
about a quarter of a mile east of Bris
ioj, p a this morning, when a train
T?Sn aYo c e3tra freight, which left
Jrenton at J ■ o'clock, jumped the track
-.nd was badly wrecked.
fl rCrf rtt' V£? re stlewn °ver four other tracks
and traffic was delayed for four hours.
Systematic Stealing of Rich Ore
From the Mines Is Supposed to
Have Been the Canse of
<~reek is m terror owing to the
Preconcerted attack upon all the leading
assay offices doing business in the dis
in£ beginning at 3 o'clock this morn
ing, and following in rapid succession
six explosions wrecked as many assay
offices in the centers ranging from Victor
to Cripple Creek, and up to Gold Field
in every instance the object sought by
the incendiaries was accomplished by the
destruction of the offices, with their fine
equipment of delicate balances
The raiders did not hesitate to jeopar
dize life, as all but one of the buildings
wore also occupied by sleeping families.
As It were, men, women and children
were nurled out of their bed* by the
shocks, and serious injury inflicted' The
full extent of the damage cannot be esti
mated, in this city, the Davenport of
fice was wrecked by two explosions In
volving a loss of fully ?1,200,0(K>. Almost
at the same time the assay offices of Van
derwalker, Morgan and Williams were
treated likewise. The loss was approxi
mately as large as Davenport's.
Woman Bloytxi From Bert.
One man, a miner, was severely injur
ed in the explosion at Williams"' office.
He was passing at the moment of the
In Cripple Creek Banjamins' assay of
fice, north of the Florence & Cripple
Cic -k depot, was blown op.
In Goldfield, about a mile and a half
north of here. almost simultaneously
Boyce's office, and another assay estab
lishment were wrecked. Boyce's family
occupied an adjoining room. Mrs. Boyce
was blown out of bed. but escaped
without fatal injuries. She was badly
shocked. A family living in the other
assay office was also blown out of btd,
but escaped serious injury. The giant
ponder was blown through the windows
at Goldfield.
RemtU of Tlieft of Ore.
In this city the powder was placed un
der the building. The house In which a
family lived next to the Williams' assay
office here was much damaged, and a
woman was prostrated. Sheriff Robert
son has called out his deputies and is
taking all means to discover if possible
the perpetrators of the crimes.
The general impression here this morn
ing is that the acts are the result of a
general movement to rid the district of
ail high grade ore purchasing institu
For years there has been systematic
stealing of rich ore from the mines,
amounting to thousands ol dollars month
ly. 3t is alleged that more than fifty
assayers in the district have made a
business of buying such ore. Recently
the Mine Owners' association discovered
that shipments of high grade ore had
been marie by assayers from this district
to the ESbley smelter at San Francisco
and the smelter at Salt Lake, but all ef
forts to stop the traffic were unavailing.
BARCELONA. P'eb. 24.—The Alcalde, in
a statement made public today, fixes the
number of persons killed during the riot
ing since Feb. 17 at fifty-six. The rum
ber of wounded cannot be estimated.
The ironmasters have compromised with
their employes on the basis of nine and
one-half hours' work per day.
There are fifty-seven undischarged ves
sels in the harbor.
HAVANA, Feb. 24.-Dr. Tomas Es
trada Palm a and Senor Esteve-z were to
day formally elected by the electoral col
lege respectively first president and lirst
vice president of the Cuban republic.
Senators were also elected.
Heart-On Collision Reported at An- I
ROCHESTER, N V.. Feb. 24.—Passen
ger train Xo. 211 westbound on the Au
burn road crashed head-on into a '
wrecking train proceeding from Canan- !
daigua to Syracuse tonight at Aurelius. |
Engineer John Hayman and the fireman i
both of Rochester, of the passenger train, !
and Engineer Durand and his fireman, of j
Syracuse, of the wrecking train, are re- !
ported to be seriously injured.
A telegram from Conductor Killip. of I
the westbound train, says that none of ■
the passengers were injured.
Beer Factories at Cincinnati Suffer
Xo Inconvenience.
CINCINNATI, Feb. 24.—The threatened
strike of brewery employes, which was
expected to become effective this morn
inp. has failed. At the last moment the
men refused to go out en masse, and
while at some of the breweries as mary
as on.e-half the employes left their *work
at others fully two-third* are at work
as usual, and the others are likely to re
turn. The proprietors do not, anticipate
any serious interruption to their busi
Little Doubt Tliat They Will Be
Able to Master the Sixty-
Votes Xeeessary to Its
The tax bill is ready to be put to the
ciucial test of a vote in the house this
morning, if the "friends" of the meas
ure make no false steps they will be able
to pass it by a bare majority, in any
event, if they pursue the tactics adopted
yesterday, they will be able to hold the
bill until they think they have the £.i*ty
votes necessary to its passage on the
When the house adjourned last night
the "friends" were beyond question in
control of the situation. They could not
muster enough vote to pass the bill, but
they had a clean working majority of
the members present, and think they will
be able to* show the magic sixty this
morning. Yesterday afternoon they car
ried filibustering tactics by long-winded
debate, and in a show down prevented
tne final consideration of the bill by a
narrow margin. Final consideration de
feated, the opposition again ducked to es
cape going on record, and the "friends' "
motion for adjournment was adopted by
a vote of sixty-seven to thirty-five.
The opposition plainly overreached it
self yesterday afternoon. Laybourn er
roneously figured that if the" bill w--re
brought to a vote, and the friends failed
as they must, to muster the required
sixty votes, that a play for reconsidera
tion would knock out the bill for all
time. The "friends" were perfectly able
to solve the opposition curves, and by
clever ducking and the assistance of the
speaker managed to stave off considera
tion of the main question and secured
an adjournment. Without making any
concessions the "friends" claimed yes
terday a total strength present and ac
counted for fifty-six. The list of absen
tees has been large for several days ar.d
was no better yesterday. The "friends"
confidently expect that today will bring
m four votes from the absentees, and
their every move was calculated to stave
off a test which would show up iheir
minority and probably have a reaction
ary effect against them.
The third reading of the bill was com
pleted by the sketch work system em
ployed by the clerks at 3:10, and the pre
liminaries of the final round in the drawn
out battle were on. The "friends" were
as fully aware of their weakness as the
opposition, and began sparring for wind
James A. Peterson, of Minneapolis, start
ed the ball with the preliminary to a
speech that was intended to fill out the
afternoon. When Peterson started for
his argument the chief duckers of the
opposition started for the doors. Pe
terson's voice gave cut after eleven min
ut;s. and Jacobson was forced to step
into the breach one day earlier than he
expected. The original plan was for
Peterson to hold the opposition yester
day down to the adjournment. If the
strength for the bill did not line up as
expected Jacobson was to take the lead,
and with a little assistance from Dow-
Mng, Larson, Burns and any others that
might chip in, hold the bill from vote
at least one more session.
.Tacobson's speech was in line with
every one he has made on the floor or
the house on important measures for sev
eral sessions He charged the opposition
to the bill to the big corporate interests
and the members arrayed against its pas
sage with being influenced by "boodle."
As is his custom he made no direct
charges, but his statements were broad
enough to keep the gallery on the gui
vive without giving the opposition a
chance to take a personal issue with him.
He explained at considerable length how
the governor is not to blame for the spe
cial session. The legislature and the
legislature only, he said, is responsible
for the extra session, and it will have
to accept that responsibility. Mr. Ja
cobson indulged in glittering generalities
for twenty minutes in exploiting the vir
tues of the code and the tax commission,
and started his campaign of insinuations
by the statement that there should not
be an honest vote against its passage.
He reviled the newspapers for stirring up
opposition to the code. He said that
for three weeks after the code was given
to the public by the governor, the news
papers were unanimous in indorsing the
bill and the work of the commission.
Then, he said, the big corporations woke
up to the fact that they were about to
be made to pay their share of the taxes,
and the voice of the people as echoed by
the press underwent a radical change.
Jacobson said the reason the tax code is
so strenuously opposed is because it will
help the honest tax payer to lighten his
tax burden and force the tax dodger to
take up a portion of his just burden.
For the first time in his legislative
career W. B. Anderson is out from un
der the wing of Jacobson. He took square
issue with the gentleman from La; gui
Parle, and though he came out of the
general fray which followed second best
he paid his respects to Jacobson in a
manner which elicited the unstinted ap
plause of the house and the gallery. An
derson hotly resented Jacobson's imputa
tions of dishonesty on the part of the
opposition, and charged Jacobson with
being afraid to trust the people by let
ting them pass on proposed constitutional
amendments calculated to simplify the
work of tax reform. He said in part:
"All the wisdom and all the honesty
of this house and this state is not re- i
posed in Mr. Jacobson. He has no right j
to insinuate that every man opposed to j
this tax code is dishonest. I have an !
abiding faith in the people. When we
were fighting the railroads neither Jacob- i
son nor Peterson told us we couid not !
trust the people. The report of the com- !
mission itself justifies me in the position !
that we should not attempt to legislate i
until the constitution ie amended. The j
commissioners tell us that the restric
tions of the constitution are an insuper
able obstacle to just and equitable tax
legislation. Amendment of the coastitu
tion is the only logical method. The con
stitution is the fundamental basis jf all
legislation. If the substructure is as
rotten as the commission admits that it
is, the law reared upon it will not > c
worth the paper it is written upon. The
next legislature will be as honest as tnis,
and if the people are allowed to pass
upon constitutional amendments, 't will
be able to legislate fairly for all interests.
I shall not be moved by abuse or vitup
eration, and I hope that, once for all,
this house will de«£ the gentleman irom
Lac gui Parle, and once for all put down
his continual threats and imputations of
boodle. I oppose this code on principle I
Continued on Tenth Page.
Special to The Globe.
MOORHEAD, Minn., Feb. 24.—The city
council tonight fixed the fee for liquor
licenses at $1,500. This is the first time
in the history of the city that the
amount has been higher than the min
imum, $500. The council tonight was
divided equally on the proposition, and
it required Ma-yor Tillatson's vote to
raise the license. There has been con
siderable controversy over the license
question, and there is no doubt that the
number of saloons will be reduced from
forty-eight to less than twenty-five. The
advocates of high license claim the rev
enue will be increased instead of dimin
ished under the $1,500 license. Chief of
Police Murphy and the patrolmen were
re-elected, together with H. E. Roberts,
clerk; Fred Stalley, auditor, an* S. John
son, sealer. J. W. Reynolds was elected
street commissioner.
As Soon as PossibleVtlte Recovered
MisKionnr.v Will Be Brought Eaelc
to Civilization by a Route
Over Wnter. ~_~ I
CONSTANTINOPLE, Feb. 24.—Later to
day a dispatch was received here an
nouncing that Miss Stone and Mme.
Tsilka are now at Strumitza, five hours
ride on horseback from the nearest sta
tion of the Salonica-Uskub ;ailroad. Miss
Stone is suffering from the strain of the
past six months and is unable to take
the horseback ride, but A. A. Yargulio,
the first dragonman of the United States
legation, and Dr. House, one of the mis
sionaries, went from Zeres to meet Miss
Stone and her companion". Miss Stone
and Mme. Tsilka will probably be com
pelled to rest at Strumitza fcr a few
ctays, and then it is hoped to bring them
from Salonica to Constantinople by sea,
bat the arrangements are yet indefinite.
According to intelligence received from
Bulgaria the brigands held Miss Stone
and Mme. Tsilka, secreted in the Kc.,a
mountains near Prlllp, Macedonia, wnenca
they conducted the captives through the
mountains to Strumitza. The United
States minister, John G. Leishmannl la
the recipient of congratulations on the
success of h,s action in trusting the
brigands with tne ransom before the re
lease of the captives. JChis step was
much criticised by Mr. Lfishmann's col
league, but the aceomplihment of the
difficult mission 13 now considered ~y the
diplomats to be a decide! score fcr the
American minister and the committee act
ing under his direction.
The brigands escorted Miss Ston^ and
Mme. Tsilka to the outskirts of a village
called Kharddousun. near Strumitza, and
then told them they were free.
M. Gariulo, dragoman of the American
legation at Constantinople, has wired the
former captives to refrain from any
statement regarding their capture or de
tention until they have seen the United
Stales minister to Turkey.
BOSTON, Feb. 24.—The American board
of missionaries this afternoon received
a cablegram irom its representative, W.
W. Peet. sent from Yenidjani, Bulgaria,
saying: "Stone's deliverar.ee completed;
inform friends."
CHICAGO, Feb. 24.—Officials of the
Burlington railroad have started a cam
paign against intoxicants w;th a view
to eradicating their use by the employes
of every department, not only on duty
but also while off duty.
Heretofore the stringent rules against
the use of liquor while on duty has only
been enforced rigidly against those who
had anything to do with the operation
of trains. Hereafter the rule will be en
forced against the employes of all de
Special to The Globe.
SEATTLE, Wash., Feb. 24. — The
steamer Dirigo, which arrived from
Alaska yesterday, brought news tSiEt
Chilkoot Indians near Hinsmission.
Alaska, on Feb. 5, buried alive one of
their tribe, a boy fifteen years of age.
The boy had been converted to Christian
ity by Milo A. Selion, a Methodist mis
sionary, and in a burst of religious zeal
denounced the mummeries of the tribal
icht, or medicine man. This act aroused
the anger of the superstitious old men
of the tribe. Recently fourteen native
residents of village of Kluckwan died of
consumption.and the icht spread the be
lief that the boy, in league with the evil
one, through his knowledge- of the white
man's religion, caused the deaths.
The disappearance of the boy from
school aroused th« suspicions of Mr.
Selion, and he started in search. At the
outskirts of the village he found tracks
leading to a fresh grave. Digging down
he found the boy still alive, his blood
shot eyes rolling in insane agony, his
hair torn in handfuls from his head
His finger nails were torn off in his ef
forts to escape from his horrible prison
The boy was lifted from the grave and
carried to the village, where he lived
several hours, howling and crying out
like a maniac, finally dying from the ef
fects of suffering and fright. The icht,
who is responsible for the crime, is Skun n
Doo. an old offender, who spent a term
in San Quentin penitentiary for causing
an old woman to be starved to death in
NEW YORK, Feb. . 24.— E. ;J. (Lucky)
Baldwin is reported seriously - 111 "• at :-;; his
Santa Anita ranch. He had ran attack
:of the grip . about two. weeks ago, : which
developed into pneumonia- As ;he■ is
seventy-four years:. old, : his r chances i for
recovery are regarded ■as poor..u-." V-;:
Baldwin has been broken in health ever
since he. returned from Alaska, and his
system was onuch j debilitated when t the
present sickness overtook - him. : Members
of the family have been summoned. :
Supreme Court, Through Mr. Justice Shiras, Says
It Has No Jurisdiction in Northern
Securities Case.
Special to The Globe.
WASHINGTON, Feb. 24.— The United
States supreme court has decided against
Minnesota in the fight with the Northern
Securities company, to the extent that
the court is without jurisdiction in the
matter. This is the merger case, and
the state of Minnesota made application
to file a bill of complaint before the high
est federal court. Judge Shiras read the
opinion which, summarized, follows:
"As the Great Northern and the North
ern Pacific Railway companies are indis
pensible parties, without whose presence
the court, acting as a court of equity,
cannot proceed, and as our constitutional
jurisdiction would not extend to the case
if those companies were made parties de
fendant, the motion for leave to tile the
proposed bill must be and is denied."
The opinion is a voluminous one, but
the greater part cf it is a review of the
history of the case. Summarizing the
charge and the relief sought, Justice Shi
ras said:
"The case presented by the charges
and prayers of the bill is that the state
of Minnesota is apprehensive that a ma
jority of the stockholders respectively of
the Great Northern and of the Northern
Pacific Railway companies have com
bined and have made an arrangement
through the organization of a corporation
of the state of New Jersey whereby such
consolidation or what is alleged to
amount to the same thing, a joint con
trol and management of the Great j
Northern and Northern Pacific Raiway '
Diplomats, Army and Xav> Officers
and Distinguished Citizens the
Guests at the Banquet Ten
- dered by Roosevelt.
WASHINGTON, Feb. 24.-Rarely in its
history has the White house been the
scene of a more brilliant spectacle than
today when President Roosevelt welcom
ed to the United States Prince Henry ; of
Prussia. Ever since the announcement
that the prince would visit this country
as the personal representative of his
brother, the German emperor, the presi
dent and other officials of the administra
tion have taken a lively personal inter
est in the arrangements for his reception
It has been the president's wish that,
avoiding all ostentation, the prince be
given a cordial welcome.
So far as federal authority controls in
the matter that plan has been carried
out. The prince met the president, and
the welcome he received was genuinely
hearty and open handed and he, in turn,
showed unmistakable evidence of the
pleasure it gave him to meet the presi
dent of the American people. Nothing
could have been more cordial and ingen
uous than the president's greeting to the
German prince, and it was returned in
kind and in full measure.
Special preparations were made at the
White house for this event. All of the
state apartments on the first floor had
received much attention from the govern
ment florists, but the decorations of toe
three communicating parlors, the blue
room, where the president and prince
met and exchanged greetings, the red
parlor occupied by Mrs. and Miss Roose
velt, and the green room, where there
were assembled the members of the cabi
net and their ladies, the wife of Secre
tary of State Cortelyou and a few In
vited guests, were exquisitely beautiful.
The great east room, to which were con
ducted the prince's suite, the German am
bassador and staff, the American officers
and other prominent guests, was hand
somely decorated. In these state apart
ments, as elsewhere, unseemly display
had been carefully avoided, but the rich
furniture and draperies, and the artisti- #
cally arranged vases filled with great
clusters of freshly cut and fragrant
American Beauty roses and other blos
soms, the evergreen draperies and the
gorgeous uniforms of the prince and his
party, combined to make the scene one
of exceptional brilliancy and beauty.
Band Plays German National Air.
It was 10:45 o'clock when the escorting
cavalry column swung through the east
gate, and at a brisk pace passed up the
broad driveway to the White house. Here,
&t the word of command, the column
brrke into single rank, facing the main
entranoe. Another command as the
prince's carriage passed the gate and
with that snap and precision which has
made the Second regiment famous, every
sabre flashed from its scabbard and came
to the position of present.
A detachment of marines, headed by its
famous band, had taken place at the
right and left of the main entrance,
facing north. The first carriage, contain
ing the prince, Secretary Hay and Rear
Admiral Evans, drove up at a rapid pace
and as it passed under the portico here
the Marine bsnd struck up the German
national air, which was continued until
all the company had left their carriages.
At the carriage door the prince was
met by Assistant Secretary Pierce and
companies, shall be effected as will oper
ate to defeat and overrule the policy of
the state in prohibiting the consolidation
of parallel and competing lines of rail
way, and therefore appeals to a court
of equity to prevent by injunction the
operation and effect of such a combina
tion and arrangement."
He then stated that the question to be
determined was whether the parties to
the case were before the court, and he
held that it was obvious that the mi
nority stockholders of the two railroad
companies are not represented in the
controversy by the companies whose
stock they hold, and their rights ought
not to be affected without a hearing,
even if it were conceded that a majority
of the stock in such companies, held by
a few persons, had assisted in forming
some sort of an illegal arrangement.
Moreover, it must not be overlooked that
it is not the private interests of stock
holders that are to be alone considered.
The opinion then continued:
"The directors of the Great Northern
and Northern Pacific Railway company
are appointed to represent and protect
not merely the private and pecuniary in
terests of the stockholders, but the
rights of the public at large, which is
deeply concerned in the proper and ad
vantageous management of these public
highways. It is not sufficient to say
that the attorney general 'or the gov
ernor, or even the legislature of the
state, can be conclusively deemed to rep
resent the public interests in such a con
troversy as that presented by the bill.
"Even as a state, when she voluntarily
becomes a complainant in a court of
the German ambassador, who saluted
and presented to him Maj. McCawley, of
the Marine corps, and Capt. Gilmore, of
the artillery in dress uniforms, who sa
luted and then led the way into the man
sion between two files of marines with
arms at salute. Walking- on the left of
the prince was Secretary Hay. and fol
lowing him came Admiral Evans, the
German ambassador, Gen. Corbin and
the members of the prince's suite. The
party was conducted through the main
lobby into the red parlor, thence into the
east room, and from there the prince
alone was conducted to the blue parlor,
where the president was in waiting to
receive him. Tn conformity with diplo
matic etiquette the president received the
royal visitor in private and without In-
I tro.iuotion. This was made nece««ary
by the fact that there is now in the
United States no representative of the
German nation sufficiently high in rank
to present to the president a prince of
the blood royal, a brother and personal
representative of the German emperor.
Prince in Rich Uniform.
On this occasion the prince appeared in
the rich uniform of the admiral of the
imperial German navy, dark blue in color
with white facings, and rich gold em
broidery. His left breast was covered
with orders. The uniforms worn by his
suite were likewise brilliant. j
The president of the United States
wore a plain black frock coat, a black tie
and the turned down collar which is ha
bitual with him. Gen. Corbin, Admiral
Evans and the other officers of the
American army and navy wore the uni
! forms appropriate to their rank.
After the gretings had been extended
j the president led the prince into the red
parlor and introduced him to Mrs. Roose
velt and his daughter, Miss Alice. After
a few words with them the royal visitor
was conducted into the green room and |
introduced 10 the members of the cabinet
and their ladies.
President Answers Prince's Vi*tt.
After the ceremony the following state
; meat was made by Assistant -Secretary
"The conversation between the Presi
dent and the prince was of a purely for
mal nature, and had no political signifi- i
cance farther than that contained in the I
usual general expressions of international !
amity and good will."
Ihe party then proceeded to the east I
room, where the members of the' prince's j
suite were introduced to the president. I
The entire ceremony occupied just thirty
minutes. On the party reappearing the
Marine band played "Hands Across the
| Sea," and with a few sharp military
j commands, the drive to the German em
bassy wps begun.
President Roosevelt returned Prince j
Henry's visit. He drove to the German j
en-bassy in an open landeau with Col. j
Bingham. The President was met at j
the carriage by Ambassador yen Helleben j
and ushered into the building. The
prince met him in the drawing room,
j where there was an exchange of greet-
I ings. The president and prince remain
| ed together for about ten minute*.
During the day the prince called at j
| the embassies of the English, French,
j Russian, Italian and Mexican embassies ,
| and later received the entire diplomatic j
corps at the German embassy, including |
! the Turkish, Persian and Chinese mlu
| isters.
Prince Henry remained in the drawing j
room while the ambassadors were being ]'
received, meeting them separately and {
alone, the staffs remaining in the re
ception room to be greeted later.
Splendid Assemblage Meets to Greet
tlie Xntion's Guest..:
WASHINGTON, Feb. 24.— dinner
given to Prince >- Henry by President
Roosevelt, at . the White house tonight,
closed the honors bestowed on the royal
visitor by official Washington today. The
affair was on an elaborate, scale and
brought -: together a distinguished com
pany. It was an assemblage such as has
rarely, if ever before, gathered in the
White, house.; ■ ■;,..•■
To -accommodate the large number of
guests the • dinner table was set in the
east room, the decorations of which were
on the most magnificent"s scale ever- at.
tempted. An effective and ; new feature
of the decorations was the . electric light
illuminations. Several.: thousand little
electric lights lof all | colors and. arranged
in fanciful designs supplemented the Illu
mination from - the great chande'.iers.
;■ The general reffect. of ; the decorations; in
■ Contlnnda «n Seventli Page.
equity, cannot claim to represent both
sides of the controversy. Not only have
the stockholders, be they few or many, a
right to be heard through the officers
and directors whom they have legally se
lected to represent them, but the general
interests of the public, which might be
deeply affected by the decree of the court,
are entitled to be heard, and that when
the state is the complainant and in a
case like the present can only be effected
by the presence of the railroad compan
ies as parties defendant.
"Upon investigation it might turn out
that the allegations of the bill are well
founded, and that the state is entitled
to relief, or it might turn out that there
is no intention or design on the part of
the railroad companies to form any com
bination in disregard of the policy of the
state, but what is proposed is consistent
with that policy and advantageous to the
communities affected. But in making
such investigation a court of equity must
insist that both sides of the controversy
shall be adequately represented and
fully heard.
'When It appears to a court of equity
that a case, otherwise presenting ground
for its action, cannot be dealt with be
cause of the absence of essential parties,
it is usual for the court while sustaining
the objections to grant leave to the com
plainant to amend by bringing in such
parties. But when it likewise appears
that necessary and indispensable parties
are beyond the reach of the jurisdiction
of the court, or that when made parties
the jurisdiction of the court will thereby
be defeated, for the court to grant leave
to amend would be useless."
riuiiitiflr llmrses That His Head
Was Abnormally Shaped, anil
She Thinks This AVas
Cause of Death.
NEW YORK, Feb. 24.-Alleging thit she
has "suffered greatly in body, mind and
estate" becauses an autopsy was per
formed on her husband, "without her
consent," Mrs. Anr.ia Botsford, of Brook
lyn, widow of Albert Kent Botsford,
formerly a prosperous merchant, is press
ing a suit against the Presbyterian hos-
Fital for the recovery of $25.<KK) damages.
The trial of the case, which lawyers view
as one of the most strange before the
supreme court, takes place in a few days.
it has been pending for more than four
According to Mrs. Botsford's complaint,
\\r.i:h was drawn by her lawyer, J.
Barclay Brown, her husband, Albert Kent
Bctsford, was taken to the Presbyterian
hospital about March 20, 1594, Buffering
from, pneumonia or some kindred ail
ment. He failed to rally, and on April 3,
of the same year died.
Then follows Mrs. Botsford's cause of
complaint, which, to use the exact worda
o^ her petition to the court for damage?,
is that an autopsy was performed "with
out she havi.ig given the right or per
mission to dissect, operate or perform
an autcpsy on his body after death."
Mrs. BotsforJ says that her husband
had an "abnormally and peculiar shaped
skull." She fmfher states that "upon
infcarnation and belief the physicians evt
open, dissected f.r.d disfigured the skull."
By reason oi the alleged disposition of
her husband's body her rights, she says,
have been recklessly and willfully disre
garded and her feelings cruelly outraged.
The devotion, love and respect t-at slaa
entertained for her husband have been
shocked and" wounded and she has suf
fered greatly.
Replying to the charges, through its at
torneys, De Forest Bros., of No. 20 Broad
street, the hospital states that k has no
knowledge or information whether he,
meaning Mr. Botsford, gave his consent.
Further, the hospital asserts, it has no in
formation that Mrs. Botsford is the
widow of the dead man, and it is not
aware the deceased had an abnormally
shaped skull.
Whiie the performance cf the autopay
is not denied, it is asserted it was not
done wrongfully, or in violation of her
rights, or without her knowledge or con
sent. On^ne contrary, the defendant be
lieves "the autoppy was performed with
i_e written permission and authorization
of the plaintiff or her agent."
The outcome of the case is awaited with
interest by members of the legal profes
BUFFALO. N. V., Feb. 24.—James Ed-
Ward Quigley, D. D., Roman Catholic
bishop of Buffalo, has issued a letter ad
dressed to ihe priests of his diocese de
no urcing the teachings of social democ
racy and anarchy. Catholics are com
manded to renounce the doctrines on
l.am of deprivation cf the sacrament.
In case of persistence in following their
teachings the supreme penalty of ex
ec■rnmunieation will be inflicted.
MARIANA, Ark., Feb. 2t.—Mrs. George
Wooten, a bride of five ■weeks, is held on
bonds to answer the charge of poi
soning her husband. The couple lived In
the country. It Is said they had a dis
pute about some property. The husband
took a drink of whisky and laid down to
sleep. He ncvr awoke. An analysis of
the v.hiskv discloses the presence of a
large quantity of strychnine.

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