Pittsburg dispatch. (Pittsburg [Pa.]) 1880-1923, February 17, 1891, Image 1

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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.
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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.