Sjck-jI izrf-e'". THIS IS THE SEASON TO SELL AKD RENT HOUSES. BUYERS AND RENTER LOOK FOR BARGAINS IX THE EVERY MORNING DISrATCH. FORTY-SIXTH YEAH. SILESCELONGEe, Senator Quay at Last Formally Answers the Charges Made Asainst Him. THE TREASURY SHORTAGE Was the Work of an Associate, and His Only Part in It Was to Re place the Money, CAMERON LOANED HIM 100,000 On a Judgment Koto for That Purpose, and Every Dollar of the Amount Has Since Been Repaid, AS A 1IEMBEE OF THE PAEDOS BOARD. All Stories Ceicemiag Dtsls TTitl lie Lijner Inttrtsti Denied, ltd a Bcferesce Hide to Williua J. Iridiy. A LIBEL SUIT LCOHfflO UP IK TEE rUTCRE frnOM A ETAFT COKBESrOJfDEfT. "Washington, Feb. 1C As announced in The Dispatch. Senator Quay to day delivered to the Senate bis denial a-.d explanation of the charges that have been made against him within the last year. It is well known these charges were but a collection of all that has been alleged against the Senator during his public career of the last quarter century. The Senator was called upon to explain bv persons and newspapers who had for ' i mg years been cognizant of the charges, t at under pressure and demand he refused to do anything of the kind. He chose to bide his time, he says, and to make his state ment when there was no political issue at 'take, and when the tempers of both his ac cusers and his friends were in a calm and juu.cial condition. He Secured a Large Audience The Senate had been in executive session tor full four hours on a proposed promotion o! a cable line between the United States and the Sandwich Islands, and all this kept bsck the Senator's statement until nearly 5 o'riock, and hundreds who had waited for two or three hours to hear it had gone away ! '.unking it would not be made to-day. But wjen the open session was announced a . "i of the carious from Pennsylvania and t' cr States were still in waiting, and made . rush for the galleries. The Senate was present in a body, A pre-announced speech by Ingalls, or a de bate on a great national question would not i are produced a larger attendance of Sena tors. When the Senator arose the Chamber was hushed to perfect silence. Usually Mr. yuay speaks in a very low voice, but to-day with the first sentence his tones rang out sharp and clear, echoing to the farthest cor ner of the galleries. Many of the older Senators are not keen of ear and these, es pecially from the Democratic side, gathered c iose about the Senator's chair, while others left their usual seats and took nearer ones vacated by those who had taken the nearest places. Spoke rrom Don Cameron's Seat. The venerable Senator Beagan, of Texas, T laced a chair in the vacant space close in trout ol Senator Quay, who for the time oc cupied the seat of Senator Cameron, in the firemost row, close to the dais of the Vice President. Every seat in the immediate vicinity was occupied, and a number of i nators stood in the aisles close to the Speaker. It was an unusual sight, for Sen ators habitually show as little interest, M-auraent or emotion in any proceeding as r ssmle. rrom the beginning to the end of the speech of the Senator the prolbundest atten- 4 was shown by the Senate and galleries, ud it m close there was a ripple of ap- i ause from the galleries, which was, as .al promptly checked by the President. t. following is the full text of the speech: ever, probabl j, since Alexander Hamilton is bunted to his death, has one in public life e-i pursued so persistently and malignantly, i p Geld of the malign effort has been the en- e I moo. Tbe assaults were of a character monstrous as largely to carry with them e r own refutation. Were it otherwise, I d rot remain, nor would my constituents p. ru-u me to remain a member of this Senate. An 1-xplanatlon of the Lone Silence. Iirtl through indifference to slander, a veaoon which has never had a place in my po- tiral arsenal, and partly by the advice of j i tends, who urged me to treat the assassins of reputation as undeserving of open controversy, have permitted, without comment, the i -ssing of the flood of falsehood. Its malodor- & waters chance at this time to be quiescent . a now, when no heated political conflict is - ng, when neither hope nor fear can be ceemed the inspiration of my utterance, I . rose briefly to confront accusation with t utn. I would not alludo to this subject in s presence, had not members of the other .use made it a matter of debate there. Look- c to the future, and knowing that the records . Concress will remain for other genera- to read when most of us composing it oe forcotten, I choose for the truth of his- n and for that which is dearer to all men r cues to dispel tho mist of falsehood with tn. near light of fact. U is not my purpose to weary the Senate by a rrjearsa, of each detail of tho mass of mis representation. Nevertheless, avoiding pro lxit), lwill endeavor to make this statement epccifii and so complete as to be final. A Denial of Every Charge. If any thread m tbe fabric of falsehood re r a.ns undemed, it would be because this tissue I ic is so complex is so raveled with contra .on and clouded with insinuation that some - rr-ificant portion has escaped my attention. 1 oe first accusation concerning my official a s is that at some time or continuously be- ween tbe years 18T9 and 1SS2, 1 alone, or acting with another or others, usod the moneys of the State of Pennsylvania for speculative or pri i ate purposes. In 1677 the Democratic party of Pcnnsjlvania elected a htate Treasurer and an Auditor General, the financial officers of tho t ommonwcalth. In a ear or two, pending their terras of Tice I became engaged in stock operations. transactions I was associated villi and 31 jtiy interested with the gentleman who was at that time cashier of the State Treasury. These transactions proved seriously disastrous, and I was compelled to pay a portion of his losses .as-well as my owni In doing this it be. came necessary to supply an alleged deficiency he had caused in the Treasury. How the Money Was Raised. As a portion of the fund for this purpose, I borrowed 1100,000 from the gentleman who is at present my colleague in the Senate. I gave him my j udement note therefor, the amount of which note I paid to him dollar for dollar years ago. Not until the beginning of the settlement of our losses was I aware that a deficiency ex isted, and I had every assurance that my asso ciate was able to carry his share of the losses. Sly connection thereafter was simply, with the aid of friends, to raise the necessary funds to supply the deficit. It is charged again that I used moneys be longing to the Commonwealth of Pennsylvania to purchase bonds, or stock, or both, of a Chi cago street railway, lwas invited by friends in Philadelphia to join in the purchase of street railway property in Chicago, and did so, bor rowing the money upon my own collateral from the People's Bank, in Philadelphia. I stood upon the same footing with the other gentle men concerned, and it was a perfectly straight forward business transaction, and had no con nection in any way with any public fund or publio interest. Concernln g the State's Securities. The charge that securities belonging to the State of Pennsylvania were used in this trans action is false and Impossible of truth. The only negotiable securities held by the State of Pennsylvania are the registered bonds of the United States, transferable only on tbe books of tbe National Treasury by the Auditor Gen eral, Secretary of the Commonwealth and State Treasurer, acting conjointly after having filed a certificate with the Governor in their official character. Collateral to this last accusation is a charge that I defrauded, or attempted to defraud, the widow of a deceased friend. This also is abso lutely false. There broatbes not upon the earth man or woman who can truthfully say that I ever defrauded, or attempted to defraud him or her of a dollar. Upon this point, charity to the dead and to tne living forbids my making any personal explanation. Samuel Gustine Thompson, a member of the Philadelphia bar and President of the Young Men's Democratic Association of that city, is one of several thor oughly conversant with the facts, who can give them to the public if they see proper. As a Member of, the Pardon Board. I come now to what might be called the fourth ground of criticism of my public con duct. This was my action as a member of the Board of Pardons of Pennsylvania In votiug for the pardon of certain members of tbe Penn sylvania Legislature and others, upon whom sentence had been passed for bribery. My con duct in that manner has been bitterly assailed, and it Is proper to say that tbe facts were patent to the people of the State and were thoroughlv discussed before my election to the office of State Treasurer, and subsequently to a seat in this chamber. I had no personal interest in the legislation involved. My vote as a member of the Board of Pardons was in accordance with the law and the action of my colleagues and was com pelled by the fact that the sentences imposed upon the persons were illegal. Upon this point the Attorney General of tbe State filed his written opinion with our decision. I am frank to say that I have no regrets for that vote, and would repeat it under tbe same circumstances. Even had not the sentence been unlawful, it was my opinion that tbe ends of justice bad been fully served by the conviction of the de fendants. One of the gentlemen involved has within the last few weeks received the unanimous thanks of tho Pennsylvania .Legis lature for Important services rendered human ity and tbe State. The Escape From the Rioters. Incidentally tbe statement has been made that in some unspecified manner I procured, or attempted to procure, the pardon of a man named Lynch under sentence for forgery by threats delivered personally to Mr. Byers, ot Pittsburg. I cannot at this day remember tbe facts of the pendency of the case, but the charge is a lie, for which there was never the shadow of a foundation. Equally false is the wondrons lyric of my escape from the Pitts burg rioters ot IS77 under the tutelage of Mr. DalzelL It is necessary to pass to history-somewhat ancient in order to dispose ot tbe nebulous charges of bribery and corruption as a member of tbe Pennsylvania Legislature nearly 23 years ago In connection with an action for libel against tbe then editor of tbe Pittsburg Com mercial. With characteristic malignity, my as sailants have been careful to emphasize the fact that the case was never pushed for trial. They fail to state the libel was retracted, and that the defendants pleaded nolle contendere, paying the costs of the case and the fees of tbe counsel. I may mention in passing, that in tbe prelim inary hearing, an effort was made to show that I was a rich man, the innuendo being that my wealth was unlawfully acquired. 1 had been Prothonotary of Beaver county from lS56to 1561, when I resigned to go into the Union army, had served as Private Secretary to Gov ernor Curtin, as military agent of tbe Statb in this city, as chief of the State Department of Transportation and Telegraph, and for three terms had been a member of the Pennsylvania Legislature. My recollection is that the exam ination disclosed the fact that after nearly 12 years of industry and importunity my fortune was about 8,000. An Accusation of Attempted Bribery. It is proper also to dispose of some state ments upon which less stress has been laid. One accusation is that over 20 years ago I at tempted to bribe Alexander P. Tutton, then Supervisor for Internal Revenue for tho East ern district of Pennsylvania, to prevent the seizure of an illicit distillery. This is a wicked and malicious falsehood, with no excuse for its utterance or evidence for its support. Mr. Tutton is now living at Downington, Pa., and his reports are ou file, I presume, in the Inter nal Revenue Bureau. A statement has been made that when the present high license statute of Pennsylvania was pending in the Legislature of that State, liquor dealers of Philadelphia and Pittsburg raised a sum, specified asSSO.000 and gave it to mo and to a federal officer in Philadelphia who is not named, for the purpose of securing an amendment to that legislation in their interest. This also I denounce as an absolute falsehood. Mr. William J. Friday, who is stated to have paid the money is a reputable merchant now living in the city of Pittsburg. Finally I reached a charge that in some mys terious way I brought about tbe defeat of the proposed amendment to the Constitution of Pennsylvania, pronlblting the sale of intoxi cating liquors in that State, which was sub mitted to a vote of the people m 18S9. Others, 1 understand, have already exploded the silly falsehood of the publication from which this charge arose, and I specifically denied it at the time it appeared. By my vote alone did I affect the verdict ot the people upon the prohibitory amendment, nor had I ever in any contest any corrupt or any uniawiui contract witn tne liquor or any other interest concerned in legis lation, constitutional or otherwise, in the State of Pennsjlvania or elsewhere. Thinks It Is a Complete Statement. I have endeavored to make this utterance complete, even at the cost of the time of tbe Senate and the weariness ot Senators. 1 have endeavored to answer every specific charge of misfeasance or malfeasance that could be ex tracted from a careful perusal of the direct falsehood, confused statements. Innuendo, in sinuation and cunning implication that, with an industry worthy of a better cause, has been gathered together for my destruction. I deny them in seriatim and in toto. They are false and foul to tbe core. Opinion is divided as to the outcome of the matter. Ot course no person of conse quence desires to be quoted, but it seems to be a pretty general conviction that the at tack will be renewed from the original source of last year, and that the result will yet be one of the most momentous libel suits in the history of journalism. A close friend of the Senator asserts that if the paper makiDg the original assault re turns to the attack in its former vein, the Senator will now, in view of his absolute and aggressive denial, be compelled tobring a libel suit and pursue the matter to an end; and this same friend, knowing the temper ot both tne Senator and the newspaper, pre dicts a libel suit in the sum of 1,000,000 as the most probable outcome of to-day's state ment by the Senator irom the State of Beaver. The speech of the Senator seems to be looked upon as a challenge to his assail ants to pursue the subject farther at their peril. Liohxseb. A CHARGE OF HEABT. Rennyson's CommUsIon Was Made Out, but tbe President Reconsidered It. trBOM A STAJT COBEESPOKDXXT.J Washington, Feb. 16. A new and in teresting point has just been developed concerning the filling of the Marahalsnip for: me WR$m$ the Eastern district of Pennsylvania. It ap pears that the appointment of Captain Ben nyson had been filled out on Saturday, and was all ready to be sent to the Senate to-day. The appearance of Granger Taggart, how ever, changed this programme, and it was decided to hold the commission out for a few days. It is now definitely known that Presi dent Harrison has changed his mind, and has decided to appoint Magnin, of Delaware county, but he is holding off in the hope of being able to feel the pulse of the Senate. The President is not sure that the Senate will confirm the appointment. Postmaster General Wanamaker has announced that he proposes to keep his hands off this fight, which has now narrowed down to Bennyson and Magnin, with Leeds now here in sight. ANOTHER ARMOR TRIAL. THIS TIME AMERICAN PLATE STANDS A SUCCESSFUL TEST, The Heavy Projectiles Fired Against It Are Shattered in Many Fieces None of Thorn Go Through the Plate Success of an American Projectile, tlfBOM A STAFF COEUE3PONDE3TT. Washington, Feb. 16. Another American-made armor plate was tested at the Annapolis naval ordnance proving ground on Saturday last, with results that may be very far-reaching in the development of armor. The plate tested was one which had been treated by what is known as the Harvey process," referred to in the annual report of the Bureau of Navigation. This is a process of decarbonizing the surface of steel or iron, invented by H. A. Harvey, of Newark, N. J. The plate tested was 10J inches thick the same thickness as the plates tried at the competitive trial of last September, when such good results were ob tained from the nickel-steel plate. The projectile gun and the energy of the shot at impact were made the same as in the September trial for purposes of comparison. The results obtained were quite as remark able in their way as were those obtained from the nickel-steel plate in September, and indicate probably as great an advance in the development of armor plate. Six-inch projectiles three Holtzer and three Carpenter were fired against the plate, with a striking energy of 2,988-foot tons, and two of the Carpenter shells were shattered into small fragments, effecting only about four inches penetration of the plate. One of the Holtzer projectiles, di rected against the center ot the plate, pene trated perhaps ten inches and was badly broken up. There are reasons for believing that the plate was probably much softer at this point than at any other, owing to cer tain conditions in the annealing process. The effect upon th'e projeotiles alone con sidered, is believed to be th most severe trial to which armor-piercing projectiles have ever been subjected, as they were com pletely destroyed. It is held at the Navy Department that the plate, although cracked severely at the end of the trial, is more in vulnerable for a single shot than any other plate that has ever been tested ballistically, and this after all is a greater allowance than is expected in battle. The Carpenter pro jectiles, manufactured in this country be haved very nearly if not quite as well as the Holtzer. There was also made at the prov ing ground on Saturday a preliminary con tractors' trial of the Carpenter- armor piercing projectiles for six and eight inch guns, with the result that the Carpenter Steel Company, of Beading, Pa., has been directed to proceed at once with the com pletion of the contract,' their.shells having been extremely satisfactory, TEE PACIFIC BAILROADS BILL, Urging the Passage of the Measure Confis cating Those Roads. "Washington, Feb. 16. Mr. McCon nell, in pursuance of previous notice, ad dressed the Senate to-day in advocacy of a bill introduced by him on January IS, directing proceedings of condemnation to be commenced within 60 days against the Union and Central Pacific Bailroads; pro viding for the issue of Treasury notes to the amount of 250,000,000, the money to be used in order to pay ofl the 66,623,000 sub sidy bonds, the 65,386,000 first mortgage bonds, and the 16,125,000 income bonds issued by these corporations, the assessed value of their stations and terminals, their floating indebtedness and the accruing claims against them, but not to pay any of their capital stock and providing that when those payments are made, the roads and all their real and personal property (except the crrants of land) shall be vested in the United States the railways to be leased for a term, of 50 years. The bill was,. at the close of his remarks, referred to the Committee on Bailroads. SELVES POOL IKQUIEY. An Ex-Congressman Testifies in Relation to One Silver Transaction. Washington, Feb. 16. At a meeting of the Silver Pool Investigating Committee to-day ex-Bepresentativc S. V. White, of the firm of S. V. White & Co., New York, was examined. He was asked concerning the testimony given by Bepresentative Abner Taylor, to the effect that he had bought silver on margin through the firm on July 12. He said that Taylor's testimony was accurate. He wanted to say that the firm had very few accounts with members ot Congress on its books and that he never solicited business from any member of Con gress, Government employe or resident of Washington in his life. The firm never bought silver for any other Congressman than Mr. Taylor, nor for any Senator or other Government em ploye. Mr, White knew nothing of the al leged silver pool except what he had seen in the newspapers. TAKING IT ALL BACK. A Manly Apology Made by Congressman E. B. Taylor, of Ohio. Washington, Feb. 16. Mr. E. B. Taylor, of Ohio, rising to a personal ex planation in the House, said that Saturday, in the heat of debate, he had used language toward the gentleman from Illinois (Mr. Fithian), which he was immediately sorry for. He had said that the gentleman from Illinois bad a right to make a fool of him self, but not with his (Mr. Taylor's) con sent. The words were unreasonable, un parliamentary and unjust, and he apolo gized to the House and to tbe gentleman, and regretted exceedingly that he was, under the excitement of the moment, made to make use of them. Applause. Mr. Fithial said that, after hearing the manly statement from the gentleman from Ohio, he accepted the apology in the same spirit in which it had been made. Pension Office Deficiency. Washington, Feb. 16. A revised esti mate shows that the deficiency for the Pen sion Office is 28,678,332. The estimate first presented to Congress was for 34,000,000. The present estimate is a reduction ou the former estimate of 5,321,668. Will Extend His Trip. Washington, Feb. 16. The President to-day said to Senator Squire that if he and his Cabinet visited California in the serine he would -extend -the trip-to iher State of. Y&IUungiQju,' w iiimTImii1 iiii.iiP.Tr lirsg--, -,' d itfggHtftfr IMmMlnMfiiTirrirrir i mil ju2 iMsriWwwaMHMlnra iJMi'rirTi 1,1 illftlii i i n j,.w, PlTTSBUBGr, TUESDAY, IN A BLAZING MINE. Four Underground Workmen Im prisoned in the Death Trap. THE BODY OP ONE IS R0C0VERED. A Kaked lamp Again the Causo Wanton Loss of Life. THE LIFE STRUGGLE OP THE LOST MEN rSTBCIAL, TKLEOKAM TO TUB DISPATCTM ScoxTDAiB, Feb. 16. Another dis astrous mine fire has occurred in the Con nellsville region. About 1 o'clock this morning a machinist allowed a naked lamp to drop to the bottom of the Grace plant, situated at Mover, a small town on the Southwest Bailroad, about three miles southwest of this place. A tremendous ex plosion occurred, blowing the shaft work ings into fragments and immediately firing the coal. The loss is estimated already at 40,000, and the fire is still burning. Four persons were in the mine at the time of the explosion. One was instantly killed, while the others are still entombed. The body recovered presented a ghastly sight. There is but small hope of recovering the imprisoned workmen. The machinist who fired the shaft escaped uninjured. He had left his lamp at the bottom of the shaft and had come to the surface to make some needed repairs on the fan which ventilates the mine. He also oiled and fixed the engine before start ing down. When he returned he was amazed to find the entire shaft on fire. How the Conflagration Started. His lamp had upset upon some waste matter, which was saturated with oil, and soon a great fire was raging. The machinist made every effort to rescue the other lour men in the shaft, but without success. He was finally compelled to flee for his life, and giving the signal, was quickly hoisted to the top of the shaft, which he reached in a halt-dying condition. Life was soon revived, however, and he at once began the work of extinguishing the flames and the rescuing of tbe entombed miners. t It was a very difficult task. The fan was immediately reversed, which drew the current of the air to the fan. Workmen were quickly dispatched to enter the main entry of the mine, and were ordered to pene trate as far as possible and brattice ofl the air course in the hope of stopping the flames. Before they had accomplished this task the fan ignited and was soon totally destroyed. The engine and other machinery then dropped to the bottom of the shaft, a dis tance of 150 to 200 feet, and added fuel to the flames. The coal soon caught fire, and the blaze spread rapidly throughout the old parti tions of the shaft. The workings were soon in a sheet of flames, and the four men who were there at the time of the explosion were compelled to seek places of safety. The Battle With the Flames Begins. The fire commenced to spread, and the sky for miles around was illuminated by the lurid reflections. The alarm was given, and soon a crowd of several hundred sturdy men were there to assist in the work of quenching the flames and to rescue the en tombed miners, Operations had to be con ducted with the utmost precaution, as there was danger of gas being stirred up, and sev eral of the rescuers narrowly escaped suffoca tion. Superintendents John McOhilL Hill. Bradford and other officials of the W. Js itainey uompanyi tne, ownors.oi tne piam, were soon at the scene ot tne explosion, directing the work and devising and execu ting methods to stop the fire. The bratticing off of the mine did not ac complish much, and it was evident that other more effectual methods must be util ised. A fishpond owned by a man by the name of McDonald is situated near the shaft. This was tapped and a large trench excavated and turned into the burning mine. In the mean time the pumps, which were usd to pump water out of the mine, and in case of an emergency could be used for the opposite purpose, had caught fire and burned. This left tbe rescuing party almost powerless, but they plucked up cour age, and after several hours' work suc ceeded in getting the water of the pond to discharge itself into the shaft through a channel made for that purpose. The Fire Brought Under Control. The shaft was soon thoroughly flooded, bnt little headway was made ou the flames. This pouring-in process was kept up con stantly after they had succeeded in connect ing the pond with the mine, and to-night it is announced that the fire is under control, though there is no telling at what moment it will break out afresh. One thing certain is that the flames have been stopped for a time at least. The water is still being poured into the mine, and will continue to be directed there until the fire is extinguished. All the other miners who were in the fatal shaft at the time of the explosion reached tbe surface In salety, though some of them were badly frightened at their close call and the terrible scene which they had witnessed. Many of them almost fainted, while some were slightly hnrt in the stam pede to reach the cage to be hoisted to the top of the shaft. Three Polish miners failed to reach safety, and were left in the burning shaft, which soon turned into a fiery fur nace, to their fate. They fought the flames, first fleeing to one point of safety, and when routed would quickly seek another. The Shaft and Its Ownership. They kept up this struggle until it is now thought that they have been overcome. To night it was stated that the three persons still in the mines are dead. Their correct names are not obtainable. The quiet little town of Moyer has been transformed into a scene of excitement. Hundreds of people visited the shaft to-day, and to-night it is surrounded by a large body of anxious people. The shaft furnishes the coal for the Grace coke plant, which has 480 ovens. It has been running for the last week in defiance to the United Mine Workers' organization, whose strike has been in progress for a week. The operator, W. J. Bainey, refused to sign the scale, and keeps his works tbor ongbly guarded by Pinkerton men against strikers' raids. AGAINST FBEE COINAGE. Congressman Darter Wants Democrats to Stand for Honest Money. IEPECTAI. TXLXOBAX TO Till PISFATCmt Columbus, Feb. 16. M. D. Harter, of Mansfield, tbe free trade Congressman-elect, has sent a letter to the Democratic members of the Legislature and other leading party men on the silver question. He says: "The time has come when very many Democrats in Ohio feel the future of the party in the State depends upon open, gen eral action, committing the party to an hon est dollar. Occupying sound ground upon the tariff, all we have to do is to show tbe people we stand tirmly for honest money, and we ought to carry Ohio again in 1891. If, on the other hand, we allow Senator Sherman and the Bepublican party to pose tw the friends of honest Democratic money, and put us in the position of favoring the coinage of a debased dollar, our chances of carrying an intelligent State like Ohio will not be worth considering." Mr. Harter suggests that every prominent Democrat sign a call for a general meeting, iu case one should be decided upon, which, he says, is not yet certain, for after the peo ple read Mr. Cleveland's letter to the Be- formOlub no meeting may be required, JJd:wujuggeited-r.tfclAHaite J FEBRUARY a mass meeting to protest against" commit ting the party to the indorsement of the Sen ate free coinage bill. YOU CAN SHAVE YOURSELF OH EOTDAY OB HAVE YOUB VALET IT, BUT HOT A BABBEB. DO A Decision From tho Supreme Court in the Case Carried Up Under the Act or 1704 A Jury Trial Would Confuse Things Worso Than Ever. ttrscux, TKtroBAic to tub sisfatob.1 PniLADEUHiA, Feb. 16. In the case of the Commonwealth against William B. Waldman, appellant, the judgment of the Quarter Sessions Court of Philadelphia, sentencing Waldman to the penalty im posed by the act of April 22, 1794, for exer cising his employment as a barber on Sun day, was affirmed by the Supreme Court to day in an opinion by Chief Justice Paxson. The Quarter Sessions had, on appeal, affirmed the decision of the magistrate be fore whom the defendant was con victed. It was argued for the appellant that he was entitled to a trial by jury, and that shaving is a "necessity" within the in tendeut of the act of 1794. In his opinion Chief Justice Paxson uses this language: The act of 1794 has now been in forco for nearly 100 years. It has been before this Court in repeated instances and its constitutionality sustained. It would be a waste of time to refer to the cases. It is contended now, however, that the defendant was entitled to a jury trial, and it is for a jury to say whether shaving a man's face and cutting his hair are works of necessity. If such questions were sub mitted to a jury we would havo no rule at all; one jury would find one way and another jury would decide the other way; so that tho practical result would be that one barber would be compelled to close his shop on Sunday, while that of his rival would be open. Tbe practical difficulty of the case cannot bo met in this way, nor has any author ity been shown for tbe claim to trial by jury. When the Legislature shall decide that in every case of a petty, summary conviction the de fendant shall nave the right to a jury trial, they will probably say so m language too clear to be misunderstood. We are now asked to say that shaving is a work of necessity, and therefore within the ex ceptions of the act of 1794. It is perhaps as much a necessity as washing the face, taking a bath, or performing any otner act of cleanli ness. A man may shave himself or have bis servant or valet shave him on the Lord's Day without a violation of the aot of 1791, but the keeping open of his place of business on that day by a barber, and following his worldly employment of shaving his customers.is quite another matterand while we concede that it may bo a great convenience to many persons, we are prepared to say as a question of law that It is work of necessity within the meaning of tbe act of 1794. We do not make the law; our duties are limited to in terpreting it, and we feel ourselves bound by he construction which our predecessors have placed upon the act for nearly a century. The judgment is affirmed. TEE AST0E-WILLING WEDDING. All of the Arrangements Made for the Fash ionable Ceremony To-Day. rSPECIAI. TILEOBAK TO TBS DISPATCH.! New Yoke, Feb. 16. The New Yorkers who will be present at the Astor-Willing wedding in Philadelphia to-morrow, left town to-day. The early morning express carried Mr. and Mrs. William Astor, Mr. John Jacob Astor, the bridegroom, Mr. H. LeGrand Cannon, Mr. Woodbury Kane and Mr. Bobert L. Hargous, who will serve as ushers. The party last night were at the Stratford Hotel, on Chestnut street. The express in the afternoon took away Mr. and LMrs, Ortne Wilson, Miss Grace Wilson, Miss Chapman and Mrs. J. Coleman Dray ton and Mr. and M.-s. James B. Boosevelt. On the early morning train were dis patched the gowns to be worn to-day fry the bridemaids. They are by a New York modiste, and are simple and beautiful. The toilet is a combination of pink chiffon and mousseline de soie, made with plain skirts, just touching the floor. The corsage is made with a peculiar lapped front and belt, the ends of which are caught with two small pink satin bows. The front of the corsage is made with a full mousseline de soie. The bridemaids will wear pretty head dresses of pink mousseline de soie, caught on the left side with a small pink satin bow. Mr. and Mrs. Astor will return to New York im mediately after the reception, which follows the wedding breakfast. THROUGH THE ICE. Twenty Members of a Baptist Church Dn xnersed in Freezing Water. rSFBCXAl. TELXGBA2X TO THX DISPATCH.! Providence, Feb. 16. Twenty mem. bers of the Baptist church on Block Island, of which the Bev. Mr. Brown is pastor, were baptized on Sunday. A big hole was cut through the ice, and Parson Brown, with those of his flock who were clad in scant raiment of white, walked into the freezing waters, and were completely sub merged. A well-known Newport lady, who was visiting the island, and who chanced to witness the ceremony, wanted to stop the baptism. She became excited, declaring that the converts would become the victims of pneumonia and ice. She was informed that it was the ancient custom of the island and of the Baptist Church, and that it made no difference how the mercury stood baptism occurred when arranged for. ITALIANS ON TRIAL. The Case Against the Alleged Assassins of Chief Hennessey Begun. New Okleans, Feb. 16. The case of the State against 18 Italians for tbe murder of Chief of Police D. C. Hennessey was called to-day in the Criminal District Court before Judge Baker. The trial promises to be a long one, 300 witnesses having been summoned in the case. There is a great array of legal talent on each side. Soon after noon the announcement was made to the court that both sides were ready to go to trial. After a short consultation among the attorneys, Judge Luzenberz said he would now ask for a severance. There was an understanding among the attorneys then that the court should adjourn until to-morrow morning at 10:30 o'clock. There will be no objection to the severance. HE WANTS ONLY FACTS. That's Why Ingersoll Will Not Debate With Ignatius Donnelly. rBPECIAI, TELIGRAMTQ TUB PISPATCS.1 New York, Feb. 16. Colonel Bobert G. Ingersoll has returned from his Western excursion, and explained to-day the report sent from Minneapolis that he was to meet Ignatins Donnelly in joint debate, Donnelly to defend his Baconian cryptogram, and the Colonel to uphold the Shakespearean end of the controversy. "I was asked to meet Mr. Donnelly," said the Colonel, "and debate this question, and I declined. I did so because Mr. Donnelly claims that he has discovered a cipher for Shakespeare. Well, it is his duty to es. tablish tbe truth of his cipher or theory, and not to precipitate a debate on it I am in the world for facts and not theories." An International Bank. Washington, Feb. 16. Bepresentative Dorsey, of Nebraska, to-day introduced in the House a resolution, providing that on Wednesday the House shall consider and Tote upon the bill to carry into effect the recommendations for the incorporation oft mgpvm 17, 189L HARDLY THE RIPPER. The Evidence Against the Sailor Ar rested Not Very Strong, BUT A MOB HOWLS FOE HIS BLOOD. Queen Victoria Takes a Hand in the Great Gambling- Scandal. ULTIMATUM OP THE YBSSEL 0WNBR3 IB! CABLE TO THE SISPATCB.1 London, Feb. 16. There is very little reason to believe that the police have se cured "Jack the Blnper," and even the evidence in this particular murder is not as yet by any means convincing as to the guilt of the sailor arrested. The man Sadler charged with the murder of "Carroty Nell" in Whitechapel early on Friday morning was arraigned to-day in the Thames Police Court. The most important piece of evidence against him is a knife which the police se cured from a man who swears Sadler sold it to him, and which, on being washed, turned the water bloody. This knife is of American make, and isfof the kind usually carried by sailors. The haft is nickel and the blade, four inches long, of well-tempered steel, curves sharply to a point. Pale, hut Protesting His Innocence. When formally charged in court the prisoner turned pale, but protested his in nocence. The police, on being asked whether they thought "Jack the Bipper" had really been secured, replied: "Well, we'll see about that as soon as we have as certained his connection with the crime." During the hearing the prisoner frequently interrupted the witness with such express ions as "Now be careful" and "I want to jog your memory." Evidence was given as to the prisoner's injuries when he was treated at the London Hospital. During the course of the exami nation a man testified to the fact that he had seen Sadler in,company with tbe mur dered girl on Thursday night. Continuing, the witness described in detail the visit of Sadler to a small coffee shop. Sadler, ac cording to this witness, sat in the coffee shop with the murdered girl and seemed to be quarreling with her. Sadler, the wit ness said, claimed to have been robbed. Finally Sadler and Carroty Nell left the coffee shop. After the examination of the witness had been concluded the magistrate allowed the. prisoner to question the witness. A Point for the Prisoner. During the course of this questioning the prisoner adduced the admission upon the part of the witness that his (the prisoner's) face was scratched and bloody when he was seen in the coffee shop, before the murder. After further testimony had been taken the prisoner complained that he had not been allowed to eat or to wash since the time of his arrest. At the request of the police the prisoner was remanded until February 24, in order to give the police time to make further investigations into the case. r- In order to avoid trouble the police transferred the prisoner, Sadler, to the Police Court during the night, hoping thereby to escape the mob. The in habitants of Whitechapel, however, got, wind of this stratagem and packed the vicin ity of tbe police station, and it was with dif ficulty the police managed to get their pris oner safely through the masses of clamoring women and men.who were howling for his blood, VICTORIA WANTS TO KNOVTi She Calls for a Full Statement About That Gambling Scandal. BY BCKLAr-'S CABLE COMPANT. London, Feb. 16. The Queen has called upon the Earl of Coventry, master of the Buckhounds, for a full statement regarding the gambling scandal, in which the names of the Prince of Wales and Sir Gordon Cumming are involved. Her Majesty is greatly annoyed at the stories that are cir culated. The committee of the Guards Club has convened an extraordinary meeting of the members, to consider the steps to be taken in regard to the card scandal, as the state ments implicate a member of the club. In the House of Commons to-day the Bt. Hon. Edward Stanhope, Secretary of State for War, replying to a question as to what action the Government proposed to take with reference to the military officers concerned in the scandal, said that pend ing the result of the legal proceedings taken by Sir William Gordon Cnmmlng, the War Department did not propose to retire any of the onlcers. PHOTOGRAPHING COLORS The Discoverer of the Process Talks on the Subject. TBT POOT-AP'S CABLE COMPAITT.l Paris, Feb. 16. Prof. Lippmann, the discoverer of the process of photographing colors, which has been already cabled, on being interviewed by a Duulap reporter, re plied to certain criticisms to which he had been subjected. He says: "The colors are fixed, and are thus only seen by reflexion in looking at the plate, and not through it." His method has nothing in common with the so-called chromo-lithographic photo graph. Mr. Lippman, with the modesty of the true savant, is extremely cautious about making assertions, but thinks that he will be able to reprod uce the composite lines, such as are formed in the human complexion or in a landscape. He added: "As I have never tried, I cannot speak positively, bnt scientists have labored more to reproduce the bright than the subdued colors. These I shall be able to catch and fix." ROBBED OP 11,000. A Bank Messenger Relieved of the Money While Answering a Stranger's Question. fBT DUXCIiAP'S CABLE COMPAXT.l London, Feb. 16. A mysterious robbery occurred to-day in one of the most promi nent places in the city. At midday a bank clerk collecting from the National Provin cial Bank, at its head office in the city.drafts belonging to the Bank of Scotland, placed a satchel containing 11,000 in Bank of Eng land notes on the counter beside him. While awaiting the response of the teller to tbe dralts he had presented, a gentleman attracted the messenger's attention aud en tered into conversation with him. Tne mes senger turned from the satchel for a moment to reply to the question the gentleman put to him, and when he put his hand back to place it on the satchel he found it gone and tbe 11,000 with it. The loss was also made known to the officials of the Pro vincial Bank, but no trace of the missing notes could be found. The numbers arc known. WILL SAIL FOR HOME. Miss Smith and Her Affianced, Merrill, Com ing Back to Boston. fBT DUMLAP'S CABLE COHPAlrT.i London, Feb. 16. Mr. Merrill and Miss Smitb, accompanied by Miss Bobinson, of Lawrence, Mass., who has for some time been studying musio here, will sail for home on the Snree on Saturday. A. farewell din ner was given to Mr, Merrill on Saturday eftn:dt$Jgji - Zalja-fnUthrmiTertMJgludjheieiheMwifV ;Jfpb MUST BISMARCK GO? Emperor William May Drive the Whilom Iron Prince Out of the Country. tained by Mrs. Dr. Field and a number of prominent Americans. Mr. Merrill is highly indignant because Mr. French is said to have accused him be fore the church committee of being married. This he emphatically denies, and proposes to call Mr. French to account on his arrival in America. A ORITIOAL STAGE Ship Owners Resolved to Settle the Trouble Once for All. BT DUKLAP'S CABLE COMPANT.l London, Feb. 16. The tension between the employers and the employed in tha shipping interest is becoming more and more pronounced. Indeed, the crisis irfnow so acute and faVreaching that therfeneral commerce of ftlountry isyoecoming greatly disarrar "he worst feature of the con i. ,Hbat it has arisen over ?,, "yprjal issues, such as whether arfe , 'AifO Nemploy ment if he does not wevW" Jo Hntton on his coat, or whether srnw "b.f. (. "all be allowed to suddenlyaeseitfvy0 'Vq. cause the foreman said sometnh.. ffi.W not approve. sV it The strike at Ca; ff, which has occasrtd i of trade has resulted fating disputes about a complete paralys: from a series of i: nothing in partic .ar. At the London docks the ship owners, who some time aeo formed themselves into a protective associa tion, have decided to settle the question once for all, and to that end have issued a manifesto that it must be done by Febru ary 2a STRUCK A BONANZA. A Hotel Keeper Making a Fortune Oat of the Farnell Fire Escape. fBT DUKLAT'S CABLE COXTAXT.1 London, Feb. 16. A hotel keeper of Falmouth, by name of Burton, has suc ceeded in purchasing for 100 the identical fire escape that has been rendered famous by being used by Parnell in his well-known escape from the approaching Captain O'Shea. Armed with this modus vivendi curio. Burton converted his Falmouth hostelry into "Barton's Curiosity Shop," put a price of sixpence per head admission on the relic?, and is now coining money. SUFFOCATED BY GAS. Peculiar Accident In the Barracks of a Ger man Military Company. rBT DDSLAP'S CABLE COMPAMT.3 Dienze, Feb. 16. The Alsace-Lorraine company of Bavarian light horse stationed here has just had a wonderful escape from death. During last night a gas pipe in the barracks burst, and the escape of hydrogen gas rendered the men partially insensible. In the morning when the bugle sounded reveille no one appeared on parade. Inquiry was made only just in time to rescue 40 men, who were lying unconscious. Three died, and a dozen otbers are in a very critical condition. A New Novel by Kipling. rBT DPTTLAP'S CABLE COXPAXT.1 London, Feb. 16. The admirers of the young novelist, Budyard Kipling, will be interested to know that he is now hard at work on a new novel, and has altogether secluded himself from his friends in com plete retirement. He will return to India shortly. THE SCALE ADOPTED, FBICE OF MINING FINALLY DISPOSED OF AT COLUHBUB. Several Matters in Connection "With It Will Come Before the Joint Meeting in Pitts burg Next April A Proposed Bill to Set tle Labor Disputes. SPECIAL TELEQEAM TO THE DISPATCH.! Columbus, O., Feb. 16. The National Miners' Convention to-day adopted resolu tions upon about everything which came in sight. The most important, however, was the disposition of the scale in executive ses sion. The prices in districts A and 2, Penn sylvania, were made SO cents a net ton. A special committee, to whom tbe prices for District 5, Pittsburg, and District 6, Ohio, were referred, offered a resolution favoring an advance over present rates, but referring the question of price to the joint convention of miners and operators to be held in Pittsburg in April for final adjust ment. It was also recommended that or ganizers be placed in tbe Indiana, Illinois and West Virginia fields, to prepare them for a meeting to be held at Pittsburg two days in advance of tbe joint convention. All the recommendations of the committee were adopted. It was decided to refer the scale for both Indiana and Illinois to the meeting at Pitts burg. Prices in District 17, West Virginia, were fixed as follows: Kanawha river, 75 cents; Moundsville, 80 cents; Flat Top, 40 cents; Fairmountand Coal Valley, SO cents, run of mine; Coal Valley, 62 cents, screened coal. The price for machine mining in the Pittsburg district was placed in the hands of the Executive Board. The Executive Board was empowered to borrow 52,500 from the defense fund for the purpose of preparing the enforcement of scale rates in the different competitive fields, the money to be refunded in six months. With a view to stopping strikes aud lock outs, the National Executive Board was in structed to have bills introduced in Con gress and the different State Legislatures creating courts of arbitration to settle labor disputes. tttb NEW QUEEN'S HEALTH, The New Monarch of Hawaii Is Not Well and the Heir Apparent Is Called. San Feancisco, Feb. 16. Private ad vices from Honolulu state that Queen Liliuakalani has not been in good health of late, and that, to guard against any con tingencies that might arise in the event of her death, Princess Kaiulani, heiress ap- parent, has bean reauested to return from DO YOU WANT A SITUATI0N7 NUMBERS OF GOOD QPENING3 ADVERTISED EVERY HORNlNe IN THE COLUMNS OF THE DISPATCH. THREE CENTS. ITS POWERJI PERIL The Decision of Judge Slagle in the City Charter Argu ments Questions. THE VALIDITY OF THE LAW Under Which the Pittsburg Folica Department Operates. LAWYERS DECLARE IT UNS005D, Part of tb.8 Opinion Never Printed -1-tow Given Publicity-, ALLEGHENI AFFECTED AS II STANDS Judge Single's opinion on the validity of the street laws under the city charter has raised a question as to the power of police magistrates to try and sentence offenders bronght before them. This opinion was a matter of general conversation among lawyers yesterday. When Judge Slagle's opinion was turned over to the press for publication, it was un derstood that it was given in its entirety. It seems, however, by some accident, or fault, or reason, that one of the most interesting points touched upon was omitted. The part referred to has reference to sections of the act dealing with the election of heads of de partments, the power of police magistrates, etc., and is now printed for the first time. It was as follows: The portions of the act to which special at tention is called are the fifth, sixth, seventh and ninth sections. We can see no objection to section 9. It merely does what tbe law itself would have done without this declaration, permits the officer therein named to remain unaffected by this act. It is superogatory, but does not for I that reason invalidate the remainder of the! act. I In Relation to Police Magistrates. The fifth, sixth aud seventh sections would seem to be in violation of section 6 article 3 ot ' the Constitution, in so far as they undertake i to transfer powers or impose duties contained in existing laws. How far tne sections are rendered nugatory it is perhaps unnecessary to inquire. Where offices theretofore existing are retained theso powers would continue, notwithstanding they .are placed under the general jurisdiction and supervision of the chief of a department as to legislative powers aud duties this would be be yond the control ot Councils or chief. Bat an ordinance is not a law, and in passing ordi-! nances, if tho Councils observe tbe laws specially relatinc thereto and in making regu lations limiting themselves to the powers con ferred or implied, they are not bound by con stitutional provisions relating to the passage ot acts of Assembly. As far as the ordinances and resolutions 'of Councils are concerned there can be no legal objection to assigning the offices provided thereby to their appropriate department, and, where new officers are appointed, transferring the duties of other offices to them. It, there fore, appears clear that tho whole of the act ot 1S67 may stand, except so far as it undertakes to transfer powers conferred by act of Assembly. Sections That Are Void. It, however, tho whole of sections S, 6 aud 7 were stricken out, the remainder of the act la consistent, and may have effective force, and, therefore comes within the rule that where a part of an act Is void the remainder may be en forced, unless they are so essential to each other that it cannot be presumed that one would have been adopted without the other. We are, therefore, of the opinion that the Councils of the city were properly organized under the act of June 14, 1SS7, and that they mizht properly authorize the improvement in question unless restrained otherwise than by the Constitution. Section 6, article 3, of the Constitution reads: No law shall bo revived, amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revised, amended, extended or conferred, shall be re-enacted and published at length. Section 7, of the act of 1887, runs as fol lows: Tbe police power of taking informations maklnc arrests, and protection of the peace, heretofore vested in the Mayor, shall, here after, vest in the Mayor and five police magis trates, etc Must Give Citizens Warning. The point taken is that the powers referred to in the section of the act above quoted were removed from one person aud trans ferred to another by the language of the sec tion and without being published at length for the benefit of every citizen, as provided for in section 6 of the Constitution. One leading lawyer, whose opinion was asked yesterday on the validity of the act, said: "Under the Constitution any powera intended to affect the liberty of the citizen must be given in clear terms. Under the term 'police power,' for instance, in section 7 of the act of 1887, tbe citizen doesn't know what powers are extended by the terms of the act. The police powers have been given by SO different acts of Assembly, and these are ail sought to be transferred by the simple title of the act, without telling the citizen of how far they extend, of what they consist, or as to how far his liberties were curtailed by the re-enaction. In my opinion, section 7 of the act is clearly unconstitutional." Not Willing to Be Quoted Several lawyers seen in reference to this) question, while willing to express their views privately, were averse, for obvious reasons, to be quoted. The opinions that pre vailed were in line with the foregoing. One lawyer said: "The section of the act providing for the election of Police Magis trates and heads of departments seems to me to be in violation of the Constitution, bnt allowing this was so, the rest ot the act, with reference to the constitution or Councils, mieht be held to be good. The rotten part of the act could be cut out and the constitutional part remain in. The point will continue undoubted, probably, until the decision of the Supreme Court ii handed down." The validity or otherwise of this section of the act is of particular importance at the present time because it affects, the ap pointment of the new heads of department in Allegheny City. There are five police magistrates to be elected, and it appears from tbe foregoing that they would have no power to act. Opinions of Municipal "Legal Kxperts. Begarding this. City Solicitor George Elphinstone was seen yesterday, but he pre ferred to hold any opinion on the matter un til the Supreme Court had handed down a decision. City Attorney Horeland returned yester day from arguing the question before the Supreme Court. He did not care to discuss the matter, but expressed the opinion that the decision would not be unfavorable to the. charter. Another point that will bear some investi gation is whether a police magistrate, who is also an Alderman, comes within tha meaning of the section, and whether he cast act in his latter capacity while disqualifisi to do so in the other.