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SCU ANTON. l'.., WKDNIiSIMV AIOJININXI, APHIb 24 , .11)01.
TWO CUNTS.
i
r
PATE NOW
RESTS IN
SEVEN MEN
"Ripper" Art Is in the Hands ol
the Supreme Court ol the
Commonwealth.
ARGUED BEFORE
A FULL BENCH
Two of Philadelphia's Ablest Con
stitutional Lawyers, R. C. Dale and
John G. Johnson, and Seven of the
Leading Members of the Allegheny
Bnr Join with Seven Attorneys
from This City in Piesenting- the
Cnse to the Court Pittsburg and
Allegheny Submit Intervening
Briefs Many Politicians and Law
yers Present to Listen to the Argu
ments Besume of the Contentions
Advanced on Both Sides.
vc-l.il In Hit- Siii.ntim Tillmnc.
.Philadelphia. Pa.. A pi II -.!. With the
lill bench of the Supreme eoutt nres-
lit today the opponents ol' the Vitts-
lirg ripper 'bill made their final stand.
he friends, of the new charter were
Rioro to meet them, and the armies of
legal talent exchanged right royally all
their batteiies of amiimcnt. The day
closed with the result in doubt, and
until the court of last resort says that
the bill cither is or is not in accordance
with the constitution, the local affairs
nt Pittsburg-. Allegheny and Scrnnton
will lie somewhat in a state of uncer
tainty. Having advanced the case on the list
nt the pica of the contending parties,
it is the general linpiesslon Hint the
court will be no Jess expeditious in
icaching its opinion. In the meantime,
the leaders of both sides in state poli
tics will be more or less on the anxious
bench. The stalwarts weie well ad
vised 'before drawim; up the bill, and
naturally they are sanguine that it will
.stand the tost. But litigation at best
I uncertain, and they are not, counting
their chickens before they are hatched.
The groat interest among Hepubli
cans In Western Pennsylvania, In the
fate of the new charter, was attested
by the presence in court of a big batch
of politicians, who journeyed all the
way finni Pittsburg lo listen to the
arguments. Among those who sat
through the proceedings were James
J. Wyninn, mayor of Allegheny, who
v HI have to give way to "Recorder
Murphy, if tlie charter Is Sustained;
city Attorney Clarence Burleigh, of
Pittsburg; Recorder of Deeds George
M. Von Bonhurst, James Francis
liurke, ev-lJcutennnt Governor Walter
Lyon. Representative John M. Kopp,
and many lesser lights. Philadelphia's
political lenders were not so well rep
U'scuted, but the court room was
ciowded with members of the bar.
Tlie case w,is formally before the
tilbunal on the appeal from the deri
sion of tlie Lackawanna counly court,
which had declared the bill constitu
tional, and sustained the validity of
the appointment of James Molr ns re
corder. However, Pittsburg and Alle
gheny joined "in an intervening brief.
Tlie array of counsel so far as the
briefs were concerned, was startling.
Defending the constitutionality of the
new ehaitcr weio llichard C. Dale, of
Philadelphia: A. A. Vosbuig, 11. A.
TCnupp and .lames 11. Torrey, of
Seranton, and on behalf of the assail
ants appeared Joseph O'Hrlen, M. .1,
Martin, I. II. Murns and Deputy Attor
new General Fleltz, of Seranton: .ioIiii
;. Johnson, of Philadelphia ; Knox &
Heed, Pity Attorney Clarence Burleigh,
Lyon & MoKee. Lewis MoMullin and
Wm. W. Smith, of Pittsburg, brought
up tlie battalions or Pittsburg and Al
legheny, Mr. Bums Opens the Ball.
I, IT. Hums, of .Seranton, opened lib
argument. Calmly, dispassionately. hi
proceeded to discuss the measiite ami
the relation it bure to the supnmc
law of the land. Tlie people of Scran
ton ho said, had beep used to manag
ing their own nif.ilrs and tills new
charter would materially change, the
order of tilings. While on Its face, he
said, the "ripper" merely changed the
oftlce uf mayor, as a mutter of fact It
was very much further retching, e.
tending in Its eifuet down to tlie low.
est laborer on the city pay iooIs,
Mr. Burns raised a new point, which
ipplles only to his own city. He called
Attention to tliu fact tho hill speci
fically deslBiioted (-Misting cites of the
second class ns coming within its pro
visions, Kcianion, he contended, was
litis e.tompted, us Icpilly K ij, (,i
Miter tho second class until April , n
was not, lie dcclaied, an "existing
cily uf tlls second class" at the time
Ihe charter wont Into meet. o de
voted several minutes te the elabora
tion of thin point.
Fiom this point .Mr. Hums turned his
attack on the piovlbbm by willed tho
recorder, named by the governor,
would hold ollico until Apiil l03. lly
ilil? time, a spring election would in
tervene, which tact, the lawyer en
deavored to demonstrate, was In con.
lllct with the section of the constim
tlou which guai antecs to all citizens
the right of frunchi.-e. Voting, ho
contended, m-us 'a constitutional privi
lege, which the legislating could not
tnlie away,
in coucliislcii, .Mi. liiirns suld; "The
people of Seranton were not consulted
about this bill. Without the approval
or desire of the people of Seranton,
the entire government of thut city has
oeen shipped to llnrtlsbuig. What the
legislature has done In the cases of
the cities of the second class It can
3o with cIHch of the. llrst class). If it
run do that, where will It stop?"
Jtlchuul P. Dule took up the light
for the new law In reply, lie opened
his defense by nsscrtlng Hint no mat
ter if the net was poorly or slovenly
drawn, It In no wise nlfected the Is
sue. Neither had the merits or the
legislation anything to do with tho
case. It only lay In the province of the
court to nulliry an net of the law
making bodv If that act In some way
came in conlllet with n provision of the
fundamental law. As to the new
point rnlsul by Mr. Hums, that
Hcrntnon. at all events, was not with
in the provisions of the charter, ho
demonstrated that the record showed
that at tho time of the passage of
the legislation it was admitted Hint
Scrnnton was ti city of the second
clas.
Its Power Absolute.
The power to legislate Is absolute, he
said, and the theory of the light or
self government Is through legislation.
There Is nothing, ho declared, In the
act Hint Impairs the rights of the cltl
x.ent of Seranton, for they still retnln
the right to elect their councils. The
bill is In harmony with the scheme oC
perfect municipal government, and he
snld Hint in many respects It Is an
improvement upon the Bullitt bill.
It was a vlgotous attempt, he said,
to place the responsibility upon Urn
chief executive of cities of this class.
It Is absolutely within the scope and
power of the legislature to wipe out ail
municipal olllcers.
The charge that the bill is special or
local, and hence unconstitutional, has
no foundation, he contended. Pities
of different sizes need different forms
of government. How far they need
this Is a legislative question, not a ju
dicial one. The method of classifying
is not, he said, an arbitrary one.
James TI. Torrey. of Seranton. took
up tho fire whore Mr. Dale left off.
There was little for Mr. Torrey to
do, and what he did, he did quickly
and well, giving way to John G. John
son, who closed the attack. The eleven
points In the intervening brief, on
which Mr. Johnson based his argu
ment, covered the entire case against
the bill. The contentions on which he
sought to invalidate the will of legis
lature were:
"The act is impossible of execution
and therefore void, inasmuch as no
ordinances can be enacted and no
powers of the cities can be validly ex
ercised. "The act is iinconstitiflioiial, because
it attempts a classification, in the
method of lining municipal ofllces and
of exercising municipal powers, resting
upon no proper discrimination or foun
dation. "The act Is unconstitutional because
it is a local act changing the char
ters of only three cities, creating of
fices and prescribing tlie powers and
duties of officers In these cities.
"The act is unconstitutional because
it vests in the governor tho discretion
of determining when it shall become
operative.
"The net is unconstitutional because
it removes from their respective ofllces
during the terms for which they were
elected the mayors of the cities of the
second class, and puts other persons
therein.
"The act Is unconstitutional because
of the lack of power in the legislature
to do what is therein attempted, viz.:
in the same way, to make tho office of
mayor both elective and appointive.
"The act is unconstitutional because
after making the office of recorder elec
tive it provides for a continuance in
the office by appointment by the gov
ernor for such length of term ns dis
penses with an election at the time
fixed by the constitution, viz., the next
municipal election In February,
'The act Is unconstitutional because
it gives to the governor a power to re
move an elective officer without cause.
"Tlie act Is unconstitutional because
it violates those provisions of the new
constitution which preserve to tho peo
ple local soir-government and especial
ly the right lo choose their own local
officers for the administration of local
affnhs.
"The recorder has not been legally
appoinled, even though the act he con
st Itutional, because of tlie failure to
obtain tlie consent of the senate."
To tlie first point Mr. Johnson de
voted much of his time. Jte said theio
was no provision in tho bill giving a
lecorder the right to approve or to veto
ordinances of council, consequently
legislation was Impossible. Such point's
had been covered in the bill as oilgln
ally drawn, hut when it was amended
by substituting tlie title of "recorder"
the veto anil approving power had not
been conferred on that official. It was,
he thought, a bit of legislative caie
lessness that nullllled the entire net.
Mr. Johnson at 2,30 o'clock- In the
nfternooii closed the argument In a
burst of oiutory.
All sorts of rumors aie nliendy ntlo.lt
as to what the mint Is going to do,'
but they have no better foundation
than Die brains that invent them to
order, A decision Is not expected until
tilt latter part of next mouth, Per
haps it may lie delayed even longer.
General Wood Arrives,
P.' Cvhbtve wire from 'Ihe Woclated he".
V nil, iiil :U. firnci.il bi-onaul , Wod,
Kuvruinr genual uf Cilia, Willi Sin-. Wood and
lit-, pilule m i u-t.li, airbed here toiiljjhl fiom
lljt.ini mi tin- W.uil Unci jloiu Castle. (jciui.ll
wood uliu oped-, lit return to llauua nil 'lliuril
In,, bj u.iy i .Ijik-omill.', I'u., liar, nudo Ilia
limilnl tlip hi this lotuili fur tin) puipie nt in.
tioduiins: to I'li'tidcm MiKinli'.v helm tin- latter
li-.il i -i Wellington fin- Hit- Pacilh- nu.t, tin- five
iiiiiuliti of tliu I'utiin iniuinlllii- on Ionian trillion-,
iih.iiiln l. tin. CiiImii tomilliillf.n d
Colli tilt loll.
Attorney Nicholas Acquitted,
P IaiIiuIiu Wlie fiom 'flin AuocUWd Trey.
l.i-li!8loii. Kj Aiiill at, Vlluini) . 0.
NlilmUn, who j,t PiiiLiy tliot ami Mllid 0n
lluill.. j well known un; liurwi ouiur .nul
liulnri, .is Ji-iiuilti-cl (odjy on the evwiiiilni;
lifjl. XiiihiI, lludie MurdKil llio iity oi-s
lii-ui. for Ni lioljj. . won i,i 1 1 oici whom the
tloiilili ,,0,f, m-iuiI wjiiii-d Nidiolj ij nun...
Ill- Mil-. ,ll-iHlld .Hid M-IUIld I In- III-,) i(,l Hu,
till- llli'll liiull IIU'l.
i m
Held for Biuying the Baby.
By IImIuiIU' Wiic from 'liic Auuiljleil I'rm
.Vw oil. Apiil i',. (ill tu IIMtai.it.iiii i.inl
iuiHifia Siliull.i. vlio niii- airibi-d in i.i.t.i n
.w.-tuil.i. iliirsul Willi bin j In- a liah.i uliu- in
a luiiwnio iont noai tin, Viw Voiis (i-nu
luik-i Jl llJtlnt, m' lilj I. ill t i.i ,c
Wivlilii'jii r i ounty Buml jin.t ,lii"i ni"l ri
)U,t i. Thv iiiom-r ufiuod (o ilUcn.i ii- (ii,o
but dt'iluii'd llii-y uoir not tin- nil nil il On-lliild
ANOTHER WAR
OVER OLEO
ft Bill Introduced to ftpnt'ouriatG
$4,500,000 lor Completion
of the Gnpitol.
PROPOSED COMMISSION
Ex-Lteutennnt Governor Louis A.
Wntres a Member An Error on
the Forestry Resolution Bill Prohibiting-
the Embalming of Bodies
Without Coroner's Consent Is De
feated Other Business in Senate
nud House.
By I'xcliMrr Who finni Tm WoiJ.itcil l'ip.
Hnrrl.sbutfi-. Ph., April 23. W. A.
Miiffee, jr.. who was hist week elected
senator fiom the Forty-third district
in J'ittsbui-fr, to till the vacancy caused
by the death of bis uncle, Christopher
l.i. Masee, was sworn In as a member
of the senate today, .lurlge John II.
Weiss, of Dauphin county, adminis
tered the oath.
The older of business in tlie senate
this mornlnp was the consideration of
bills on second reading. After some
routine matters had been disposed of
the calendar was cleared.
These bills were introduced:
l",y Mr. Muelilbronncr, of Allegheny,
nppropriiitinfiT $4,500,000 for the com
pletion of the stale capltol building,
and providing- for a. commission to be
composed of Thomas S. Blgelow and
Harry W. Oliver, of Pittsburg; ex
Thief .lu.stice Kdward M. Paxlon and
John C. Bullitt, of Philadelphia; ex
Lieutenant Governor Iouis A. AVatres,
of Seranton, and two persons to be ap
pointed 'by the governor. Tlie gover
nor shall be an ex-ofllclo member of
the commission, and the structure must
be completed by 190o.
Mr. .Snyder, of Chester, today report
ed favorably to the senate from the
committee on appropriations the bill
appropriating $1,000,000 to the public
schools to mahe up for the cut made
by the governor two years ago.
Work Accomplished.
Mr. fummlngs, of Warren, rose to a
question of privilege, and stated that
he desired to refute the charges alleged
to have been made in the newspapers
by members of the house that the sen
ate was "holding up" legislation sent
over by the lower body, in supporting
his refutation ho lend a statement of
the -work done by each body, as fol
lows: Hoiw Mil' si-nt fo llio M-n.ile , I'K)
House bilk reported fiom senile conimillfe. 113
HciMe liill-i r'SaH-d by tlie senate and ie.
turned lo tlie liou-e 4)
Pcnalc bills i.icd and sent lo tlie Iioii-p 1nS
Srr.ale bills ir-noiled fiom lioiw nminiiftcf. II.!
hiate bills pawd by Hie lioue and iilumi-d
to the senate '.'I
A large number of hills .-were favor
ably reported from committees to the
senate at its session tonight.
The following bills were passed fin
ally: l'ioidinK lor tlie appointment oi puliifni'.-n
foi tiiit passenger inilw-,iy
Hoie-e bill anu-nding; .in .id for Hie aiK.ption
of tiide nurlts, label, isymboN or otliu pui.ile
flumps by .my incoiporjled or miincorporaiid a
soii.nion or union or woikinfjTiirn.
These bills were Introduced:
Uy Mr, I'm hi. of I'liion Approin latin; Mu.nOO
lo tin, inliwrs' hospital at Sliauioliln,
lly Mi, SiV-ou, of Kile Uilliuilinii; inunty
cmmtssioiu-rH lo dhide wants i-oulaiiilii? ,-ein
llioiis.iriil or nioi i- lnlilliil.il. Is in tliiul il,e.s i-illrs
into lisso;-iiii nl ilistiiib, and pioviilinc nn l.i
tlie .ippointniuil by the comity lounnissiouei's of
one .iMi-sjior lor earh disliiil lor .i temi ot tbit-r-e.irs
al the .same aninul .jUi a non paid In
i ounty .if o ssoi i.
Just as tlie lieutenant governor was
about lo clear the table of communi
cations tliu electric lights went out,
nnd a leeess of ton minutes was- taken,
Tho chamber still being In darkness at
the end of the recess, the senate ad
journed until 10 a. in. lomuriiiw.
Contest in the House.
There was an interesting contest In
the house this afternoon, when the
house bill regulating the manufacture
and sale of oleomargarine -was taken
up for third reading and final passage,
and the opponents of the bill succeeded
In getting the better of tho fight for
the time being, at least. After the hill
had been lead, Mr. Ueudeison, of Alle
gheny, made a point of order that the
bill was not propel ly on the calendar.
He claimed the Snyder bin, which had
passed tlie senate, had been Impropeily
substituted fop the house hill In cnni
mitlee. A long debate followi-il over
tho point. of order, in which many
members took part, and during which
Mr. Cooper, of Delaware, charged that
the point of order was a skillful nt
tempt to defeat tho hill. Tho speaker
Anally submitted the question to the
house, and It was not .sustained, Ihe
vniu helms: Ycis, nT; nays, 1 in.
.Mr, Unrils, of Clearfield, moved to
go Into the committee of the avIioIo for
the puposo of amending the title of the
bill and this was agreed to, nflep
tedious roll call, by u vote of m (0
.12: but tho speaker then j-nled Hint
the title, under the rules, iniiid not
be amended in tho committee, but that
it must be done mi the lloor. of the
house. Tlie It lends uf tint bill got
their heads together and as a result
of the conference a motion was made
to icconslder the vote by which the
bill passed second reading, the object
being to amend the title while it was
on second reading. The houso also
ugieed lo this by -i vote of in to Pi,
but when tlie attempt was made to
timcml tin title, with bill on see.
olid leading. Mr. llanlsou, of Philadel
phia, made a point of order (liar jii.
der a rule adopted a few days ogo,
hills on third reading only could bo
considered at this session mid thm the
oleo bill, having been sent hack to
second reading by a vote of tlie House,
was not In order The speaker mled
that th" point was well taken, ami
before the friends of the bill could
make u further move, Mr. McCjnd-
less, of Allegheny, made a motion to
adjourn, which was declared carried
by tho speaker on a viva oco vote.
Error on Forestry Resolution.
Among ihe bouse resolutions ic
porled to tlie house with the Informa
tion tluit the senate had passed the
same, was one which provides for Ihe
publication or 10,000 copies of Urn an
nual reports of tho commissioner uf
fnrestiy tor l!)l and 1902. Mr. Coray,
of I,ti7.eine, wnnted to known when
tills particular lesolullon had been re
ported from tlie house committee nnd
passed by Hie house, nnd It wo dis
covered that the resolution had not
yet been lcporled from the house
committee and tint it had been mes
saged to tlie senate by mistake. The
error was ordered rectified.
The following bills passed llnnlly: s
1'ioildiiigr for ward trptcent.ilion In tliesrlinol
lin.Mil ot t lie school dMilel uf Ihe bproiijih of
Punmnie, ptoildinif for the appointment mid elee.
tlou of sdiool director fio.u e.uli wild and Ihe
manner or tilling (aeani les.
AnllioilrlnK the Iramfir upon tin- hnnki of Hie
rotpoiatioin of Inlj, In m-iikIciIik owned by Ihe
(Oipoiatioii of Hi- fli.t ilisJ.
Illnitliut counly eoiniulsioneri to p.i con
ct.itiles for their Fervlr in nialiincr rcltum In
the mint of elections, ultnniiiii; special ehe
lions and liarelin epenses since .hiuii.uy 1.
IS'iT, In all c.ies whete Ihe pune icin.ilu unpaid.
Aiillioii.lii iKirouli ronnelts or school boards
In accjuiic, piiuliiive, take, uw; and appio.
piinle pioperty for imlilie lllir.iry purpevses and
providing the m.luiiei- in which damages su
t.iliifd Ihcreby uhali be iisie-M-d and collected.
V'liiiiditn; lli'1 ail c.r Ma 2i, ?sn. relative fo
tlie ginei nine til of tliiul rl.is citic-". llxinj the
pinulty for non-payment of l.-rces at 3 per uii?.
Iiisleail of n, as at ptevnl.
Pemilttins as"nts or employe? of dctecLive
,Viiicie to seive uarr.intK in ctiminal cases.
(ihin? cities oper.itimr under speef.il haiter
the f..ime linlit to enforce their ordinances as
cilic-tf of ihe fhs. second and tliild classes.
THE WRECK OF THE
TURKISH TRANSPORT
From 180 to 200 Men Were Killed
or Drowned Desperate Fighting
Between Soldiers and Sailors.
uy l!selii.iie Win from The Avsorijted Pie.
Constantinople. April 2S. The latest
reports show that from ISOHo 200 men
were drowned or killed at tho time of
the wreck of the Turkish transport
Asian, near Tembo. the first news of
which wns telegraphed from .Tiddnh,
Arabia, April 1. According to the nar
rative of a survivor there was savage
lighting between the soldiers and sai
lors for possession of the few boats be
longing to the transport. The captain
nnd a portion of the crew, the survivor
adds, seized tho boats and abandoned
the ship, stabbing and belaboring
the soUUers and pilgrims bound for
Mecca, of which latter there were "00
on hoard who attempted to enter the
boats.
A mad panic ensued, many hurling
themselves Into the water, where they
were drowned. At the expiration of
forty-eight hours from the time the
transport went ashore boats from the
coast rescued the survivors.
SCENES IN REICHSRATH.
Members Call Each Other Dirty
Liars, Beptiles and Traitors,
fly r.vcluiho Wire fiom Tlie Associated l'r-"..
Vienna, April 2.1. Violent scenes be
tween the Christian Socialists and Here
Voelkl, the Pan-German, marked tlie
earlier part of today's sitting in tlie
reichsrath. Iferr Voelkl was denounced
as a. liar by Wohhneyer, and (he for
mer retorted:
"You are a perfidious scoundrel. You
are a disgrace to your party."
In tlie subsequent uproar only such
exclamations as "Dirty liar!" "Hep
tile!" and "Traitor!" were distinguish
able. JAPAN IS IN EARNEST.
Will Draw the Sword Against Rus
sia Should the Latter Persist in
Designs on Manchuria.
Dy Km lii-.be Win- from The VSucljed I're's.
Yokohama, April 12. via Victoria. H.
C April 2:1. Thete is 110 ilotihl that
Japan's deadly earnestness in her In
tention to diaw tlie sword against rtus
sla .should the latter persist in designi
upon Manchuria, has saved the situa
tion In the far eait.
Kverylhlng was in iciidliicss for
.striking tlie blow, with every vessel In
the navy In a condition of powerful ef
llcleuey, with a huge transport service
thm (Highly organized nnd with an
army of 200,(i00 ready at a moment'
notice, with tho sentiment of the na
tion behind It. All (Ills was of coursi
thoroughly known at St. Petet'sbtiig
and II became the determining factor
In brlmtiiig about Itus.sln's backdown.
VANDERLIP'S MISSION.
Will Feel Financial Fulse with a
View to Floating a Russian Loan,
Py i:i-luslve Wire from The Associated I'ren.
Ili'ilin, n II 2.1 -It i .H-iTlcd in political
I ilih 4 tluit flie uiioion of frank , V.iinliille,
Inrim-r j-I-t jut kiiil.iiy ol the 1'nlled Stati-a
tiea-iity, ttlio irilu-d In St. I'rttihburg eailr last
week in I lie fim-ieot of tmpnmii biMnes i-lilhn.-
hiitueea Ihe f'linid 'Jt.ile and UuviiJ,
II in much wider hearing), and imuhes .'1 giinr.il
Miul.l of llio Kim. p. ,111 niill.ri.il situation with
H'n-ial iifiu-nie In the 111 imminent uf Ihe lor-li-iii
binliie.s i.t lh Suhoiul ilt liank uf New
uik,
Il ii .1 1 hiidci.u.id thai uliile in -i. I'ctiiv
billy, Mi. .nek 1 li,i will conici wllli M. Ail.ilf
Itoili-li In. ihe Mill hni.wu ItiirMau lunkir and
will till the tin 1111 j.il pul.e Willi j eu- uf H-ul.
in;: a llu-nljii loan in New Verk.
He is i-Npeiti-d to .unto In liollli neil wtt-k.
, Died on n Tiain,
lly l:ilu.ile Uiie (linn Tim ."Oijle. 1'ir.i
Vlluoua, piil -J.:. Mu MnjiJliI b lion ild. ot
l.ll.jl.. III. , .1.. eli tin w.lj b, -ijn I'rjiulx'u to
1UI1 her miii who i in ln'.lin-s thin-, died oil He
M. I.ohK ispie louiiilit k.i.,0 eiu-i ih- li.iin
li-ll IIjiiI-I.iiil'. Jlii' bialy nj bronchi on lu H'
iln.
Ivory and Pe'riy to Die June 5.
fly KMhiiiu-'Wiiv fio-u Tie i.u.-ialicl Prev
IfaiiUbuiii, piil 21. livuniur Stone teday
liMd - 1 lit- ." en- lie e-ici iitii.ii of Hi'iiii limy
unit (luik. Pin), lit Plillaclrlpl.i.i, who mui
cfi'ieil I 'i 0 Ito.i WIImiii la-1 piiii.
CUBANS WANT
INDEPENDENCE
Tlieu Wish the Military Occupation
of tlie Islands to Gome to
an End at Once.
PORTUNDO'S STATEMENT
The Leader of the Discontented
States That the Spanish Merchants
Are the Only Citizens Who Desire
Annexation Tlie Commissioners
to Be Received Cordially at Wash
ington and Will Be Guests at a
State Dinner.
By llveluiive Wire fiom Tlie Wori.iled Pie-'.
Jacksonville. Flti., April 2.".. TIjp Cu
ban constitutional committee, 'which
arrived here last night from Havana,
left at lO.HO a. m for Washington.
Ocneral lintel Porlundo, one ot tlie
committee defended the Cubans' posi
tion as follows:
"Ninety per cent, of the Cuban peo
ple desire absolute Independence. It
is their wish that military occupation
by the t'nited States come to an end at
once.
"It may be said that a small ele
ment of Spaniards, from a purely com
mercial motive, favor annexation, but
the wish for Independence is felt by
many Cubans and Spaniards alike.
These Spaniards who favor annexa
tion are not impelled by any love for
the t'nited States. They hate American--,
but they seem to wish some sort
of guaranty ns to their property and
business interests.
"Peace with the Americans without
the Independence of Cuba is impossible
I mean moral peace.
"I do not mean to say that in tlie
event independence is not granted, war
or revolution would follow, but there
would be no sympathy, no friendliness
between tlie peoples."
Washington. April 23. Much or tliu
time of the cabinet today was devoted
to discussing the coming visit of the
commission appointed by the Havana
constitutional convention, which is now
on its way to Washington. The com
missioners are to be received cordially,
and are to be shown every courtesy. A
state dinner In the state dining room
at the white house will be given by the
president In their honor on Thursdny
night.
NEW JERSEYCENTRAL
WAGE SCALE FIXED
The Railroad Officials and Repre
sentatives of Employes Agree Up
on n Salary Schedule.
r.. i:ihiAir! Wiie Hum The A-ociated PicM.
New York. April 2.5. The Central
Railroad of New Jersey today agreed
with tlie representatives of the Train
men on its new wage scale for tlie
men. Tills agreement includes bag
gagemen, brakomen. switchmen, dril
lers, flagmen and others employed in
tlie yards, as well as those on tho
road.
By the new scale, head baggagemen
on the Philadelphia tun will receive
$2.20 and their assistants $2.10 a day.
Philadelphia brnkemen will receive $2
and "$1.S0. On freight trains, tlie flag
men will receive $l.S:i and the brake
men $1.S". per hundred miles. On the
Jersey City and Muueh Chunk divis
ion flagmen will receive $l.0r and
brnkemen M.M per hundred miles. On
tlie local division tho wages are to bo
the 'same as those on the 'Mnueh
Chunk runs. Pt tilers at Jersey City
are to receive $2.64 a day in tlie case
of head drillers on day work, and two
cunts more a day at night. Other
drillers will lecelve $2.1(! for day work
and $2.20 for night work. On all other
parts of the road head drlllet.s will 1m
paid $2.ri0 for head men nnd $2 for as
sistants. Ten miles an hour is to be
run in ease ot distance inns and ten
hours Is to lie a day's work.
The new scale for the telegraphers
will be liriished tomorrow.
FREIGHT TRAIN IN
A PIANO FACTORY.
Disastrous Wreck at Chester Caused
by nn Open Switch.
By Kxthulve Wlru fiom The Awoelalrd IVi.
f Iii-kIi-i-, Pa,. ,'tll !!V-V l"rei'hl Irani en (Im
Philadelphia and Iti-aillne laihvay nai derailed
al noon today at IXilnytou b, 1111 opin .ullih,
'Ihe i-HBiuc crJulied Into the iwll of the l.cter
Piano, coinpinj's watehcu KiiiuMiij; down the
end of the building ami Iiiu.yIm; wneul nun in
Ihe ih hi !. 1'ielu'lit uis were tile.coped and
vieckiiAf "'H I'll'i' ov(,l' "lt ti Ji U hut I lie cuw
of the tiain escaped Injury.
O11.1 of tho men in llm pi 1110 f.utoiy named
CliJlle Pali, wj-.se, Indlj hull Hut he will die,
'Hid Incomnlhn .i wierlid. Ihe cl Ini.uje In
the factoiy will icac-li VjH
Rev. J. J. O'Connor to Be Honoied.
fly i:rlirtikc Wire from The Amoc.i.led I'rci.
iw yoik, Spill '-'. II i . 11 nil,- U ifei
trat Miy l!. -Mm I. iH'umioi, ik r ;c;. .l,
tin, been appointed lo tlie liNhnpiji if 'Vi.ik,
made vaiant by Hie dialh ol IIUliop . i. liu
ilir. Pliwfc lablecjrjuis tu Hut eu-il li iv t'n:i
milled fiom Home ami liny aie tri-ntrallv tied
led, .No 0nltl.1l Miiitituiatli'li ol the appoint
ment U iilitainihle.
Steamship Ai rivals.
Uy liuludu1 Wnc fiom 'the -sorialfd Pie,.
Sett oik, Apiil :'!.- Sillied: Kaiser Wilhilin
Dil (iiiive, ll.i nit 11; Viler, 1,'uioi. t l.'.ir.-.l;
Krii.iusluii, ntneip; lli.'aiili, l.lieip.'ul: 1 jhu,
lliiiiiili lia --'iiulhiuiptou, si, l.ouif, souiitjiup.
Ion. III. linn AnlM-'l: lllitlu, Nt Voik, liile
i.iIIji Viihid; lluhuii-ullciii, "t Voik im
Njplu. ami 1,'enoa.
An Anti-Cigarette Law. ,
0 i:ibiiM' Win- from '(hi V.icl.ill l'ii,
pib.IUhl. III.. M'lll "-!. lull ua. I'J.-'il
ln.ijt h.t the ! -I liniiii t, ihe bui-l.ilinc
pi.iliil.lllns the ab. siting i.wjj vr l.ilnni.u
into (he --t Jl" i iluJUlli',, ciJlilli pir or
any ttibitit lu Ihei fi 1
THE NEWS THIS MURNINfl.
Weather Indication! Tody:
CLOUDY AND UNSETTLED, I
1 (inidiil -Al(nllli( nl for and Au'lilKt Ihe "lllp-
pel."
la-gl-datloii ill Il.ill eliinii,
I'hln.i Will Pioti el I'otelRiiiM If froopi Are
Withdrawn.
Cnlmw lleshe AIioIiiIp liidepenili nee.
2 t'enei.il raihond.lle Pepailliirnl,
II t;o.tl rourfi-eti t)iiorce Orantcd.
f'llllll I'llKOIlHtlg.
4 Dllloilil. ,
Note and OoinniMit.
5 lii.il Slilke of silk Woikeii Xur an Kiel.
lllrtli Seme at II.imIIii?.
! Local Wel 'uaincm nud Suhiiiluu.
T l.'iiiernl Noithe.i-.tein Pei.nylianla,
financial and (.'oiiiiiii-n.ril.
8 lieal Xe! in the World of Labor.
VICTORY FOR THE
COAL COMPANY
United Mine Workers Refuse to
Snnctlou Strikes, Brought About
for Trivial Causes.
By IJTihisite Wiie fiom The Aoclaled 1'ieii.
Wllkes-Uarrc. April 22. The stilUe at
tlie Prospect mine of the lehlgh Val
ley Coal company ended tonight In 11.
victory for the company. The l,20i) em
ployes went on a strike early last week
because a jig-tender In tlie breaker
was discharged.
The jig-tender was ordered by the
I'm email lo do some oiling. lie refused,
claiming lie was not employed to do
such wot k. Two other employes weie
then requested to do the wink. buL
they, too, refused. They were also sus
pended. A committee of employes waited on
the company's otllcials with a view of
bringing about a. settlement but the su
perintendent. Mr. Lathrop, said under
no circumstances would he take th
discharged men and boys hack, as
their conduct was arbitrary and un
called for.
Fred Dilclier. national organizer of
tlie Vnited Mine Workers, arrived in
town this evening, and after a confer
ence with the local leaders of the flit
ted Mine W01 Iters it was decided to
call the strike olC. It was also deided
to discipline the three men discharged
and who were the cause of the strike.
Hereafter tlie United Mine Workers
will not recognize strikes unless sanc
tioned by tlie district executive hoard.
TOLSTOI EXILED.
Report That Author and Reformer
Has Been Expelled from Russia.
IV I'xelnshe Wiie fiom The -.oeialed Piesi,
Vlennn. Apiil -i? The Deutsche
Volksblatt says that it has authentic
information that Count. Tolstoi, the
Russian author and reformer, lias been
expelled from llusslu.
Count Tolstoi, who is about seventy
two years old, recently addressed an
appeal to the czar and his ministers. In
which, with great fieedom and bold
ness, he pointed out the need of reform
and the folly of dying to quench llns
sian aspirations in th.U direction bv
force and severity. If lie has been ex
pelled the expulsion may have lestilled
from that appeal.
PUSILEERS REFUSE TO PARADE.
Soldiers from Carlisle Will Be Sent
to Quell Insubordinntes.
Dy li-cdll'lUo Who Inilll 'Ihe -.nt l.ited Pie-n.
London. April 2,!. Two hundred of
tho Hoynl Minister Fusileeis. refused
to parade at Carlisle tort, in Cotk, last
Monday, as a murk of thejr disappro
val for being transferred from Spike
Islund to t'.tilhle fort. As a pieeau
llonnry measure tlie ofllceis of Ibis
battalion locked up the men's armi
and notified military heailquiiiiers at
Spike island of the occunenee.
It Is understood that soldiers fiom
another battalion will ho sent lo Cai
lisle fort to bring the Insubordinate
Kuslleers under control.
Superintendent Lathrop Resigns.
By Kselu.lve Wiie flow 'Ihe .Woclatfd Prcj.
Philadelphia, Vptil i. W. . Iiiilimp. t,. n
eial Mipciluteliileni of the l.chljh iliev I i-al
ceinpany, h.11 teudeicd hi-, u-riKliilnii. Il l, nil
ilillood lli.il Ml. l.jlluop ha., n-.isiJi-iI in iicecpt
the pii-ltioii .h Ihe head of the Wihdil Co.ll
lompjiiy, which cnrpni.uii'ii lia lennlly ur
ilui'iil .1 linse ainouiil of biliiiiiiucni. coal l.unl
lliinuuhoiil I'i im.il,iiiU and adiaient -l.lit-t
Eine Ore Piopeity Puichnsed.
It. I.mIiijIm- Whe fiom I lie in I in il Pee
I'ltl.biiijr. Apiil !. ,l''i. t U'i,lihn. bin
lied, of thK ill.t, hi- piinhoi'l fi-mi 1'i-ln' U
Kiuiheily, of shaion, I'a . -m-i il iluiii-an I .hub
01 (Inn on- imipnlicK in llu- Miiibi inuloiii 'Ihe
piliu pal'l I-" i-.ill I" be -,2'iH,ivi I'll" n-iit
aiiiillid I- liild(il .i i-iie "I Hie lini'i-t in tl'o
Mhim-uita ukIoii. Tho oie iciu H finni l to Vi
feet in depth and the oie Is pr.nlu die iiiibnnie '.
- -
Big Mine Abandoned.
fti i:elu.bii Wile flm Ihe .oilalid I'u-..
sluiiiokln, ipnl ".'.-111'.- Mniniiain lun- Ni .
, emp'iivlni; 'in men and Imw, a- iim.iniilly
.iliantl.iiii'd loilij In Hit Philadelphia ,iml Ib-nl-lug
d'll and lion lompany Iih.iiim' the expe me
of iiilninii Ihe ceal ha. Ii.ioiiii- loo -anul.
Pantheon B Sold.
ly llMliiiiu Win- In 111 The A,ocjlf'l I'ifH
beslnslou. K. .ill Jl Al Wo.-ilw.nd I
shaukllun annual lomhinalioii rah- heic- t'tl i v ,
P.111II11OU II. a biy aildlm- "I'll .1 moid 01
i.-M'i. ! fan. 'Ijiii seal, -.i, ,.ld In Mb hi-ndi,
1,1 iciik," Pa., Mi- .
BASE BALL.
lly bMlu.be Wiie fiom Ihe A-ociati-d l'iei.
'. I I'hlUdelphla - It. II. I.'.
n.i..ii 0 uii no " I u-.i i" -i
Phlliilelplna 11 II II 1 0 11 11 I 'i 0
lljtleili-i-HIIIU and Hitllidse! Willi and
llOUUljto. flliplll-ll'UjII.
Al M l.uiil-1 II. II- Ik
I'lltrlilllK II -J I UII 1 0 II 0 I ."1
St, .c,ii, -J II II fl ll II .1 3 i-10 i) i
llill"ilf, Wad-lell, (hohio and Zliniiiu,
llaipcl- and Sihrhii. I'niplie l)er.
l Lluclmijlt-l ImJuiullUiiiajo, mi itame,
wet (fioini'l-.
M c Vmk Nui lmk Uioukl.iii, 110 game,
uit liiOiimU,
CHINA 0PPERS
PROTECTION
Agreed to Be Responsible lor the
Sntetu 0? the Foreigners it
Troops Will Leave Pekin.
GUARANTEE TO BE GIVEN
Court Says Order Hns Been Re-established
Sufficiently to Permit of
That Attitude of United States
Toward Punishment of Guilty OiB
cials Misunderstood Boxers Said
to Be Planning- nn Uprising-.
fly i:elniie Wiie fiom Ihe ,.iiel.1leil Pre.'.
Washington. Apt II 2.'l. It Is under
stood that the Chinese pletilpotonilailt-.-l
in 1'elilu are picpiiriug to give a guar
antee to the tiowers for ihe protection
or all fou-lgiiers lu China If the foielgii
troops stationed there sue withdrawn.
Thus far the lelentiiin of the foielgu
leaves has been urged as necessary In
older to pi-et-erve older nud protect Ten -elgiiers,
but the Chinese authorities
say thai order has Keen so tar re-established
that the Imperial government
is lully able to dheet the I'lilnesn
troops In such a way as to Insure com
plete safety to the inteiests of all for
ciguei s.
That Is understood b be one- of the
reasons for the withdrawal ot lO.UOi)
French lioops. It Is earnestly hoped
among Chinese olliclals that Fiance'."
example will be lollowed by tho other
powers.
It is Mild thill the I'ekln dlsniitches
representing tile United Stales as join
ing in tlie demands for more heads and
more punishment in China, do not cor
rectly portray the position of tills gov
ernment. As a matter of fact, Mr.
Itockhlll, our special commissioner at
Pekln, Is acting under broad Instruc
tions from the state department to cbi
all within ills power to testruln the un
necessary shedding of blood. Uls pres
ence with the ministers in their con
sideration of tlii subject of punish
ments of provincial olliclals Is there
fore distinctly palliative and deterrent.
He is seeking to minimize the punish
ment and It Is not doubted that he c-mi
do that with greater success by adher
ing to the conns-els of the ministers
limn by completely withdrawing him
self fiom (heir deliberations, even
though the appearance Is thereby con
veyed that he Is in full sympathy with
their demands.
ANOTHER UPRISING EEARED.
Boxers Said to Be Preparing- for It in
Earnine-Strlcken Districts,
By I'vliidio Wiie fiom The As-ciiiated Prcs.
lierlln, April 2::. Olllelal-, here deny
emphatically the report, cabled I'ron
London, that now complications have
arisen In the china question nnd that
Washington, London and lierlln are
busily conferring on the suzject.
The CoIognc Volks Zcltung prints
correspondence from a (iermnn mis
sionary in China in which It Is s.ibl
that in southern Pe-Chi-Ll the J3oxeis
are pieparlng for mint her great rising,
especially In the districts of Kuang-IMng-I-'ii
and Nai-.MIng-l'u. where the
population sympathizes with the Hox
ers because of the lamlne there. The
population persistently dlsregaids the
decrees issued by the authorities.
Iteferrlng to Vu-JIslen (the form t
governor of Shan-Si), tlie correspond
ent says Kmpercir Kwang-Sii was fully
informed on the subject of Vit-Hsien's
minders of foreigu-'i-s and oidered the
provincial Judge at Knu-Sii to decapi
tate Vii-llsleu, who has -luce lied and
disappeared.
ENGINEER WAS SCALDED.
Moses Kellum, of Dunmoie, Almas'
Blinded by Boiling- Water.
Moses Kellum, of drove street, Utin
mine, siilfeied a most painful nccldi-ut
last night, and one which may result
lu 'his being tendered totally blind.
Kellum Is an engineer oil the Krle nill
ro.nl, and about S" o'clock wos pass
ing tin ough the Diiumore yard, 011 his
way to report to the olllce.
in the ilmkne.-s he passed dlicctly
between two engines, and u-ceived full
on one side of his lace a discharge ot
red-hot water, lie was scalded about,
the cheeks and both eyes, nud his c-i les
of pain In might lilm speedy aid. lie
was lemnvecl to the Lackawanna hos
pital, where it was reported hist night
that theie Is hope uf saving his live
Sight. ANNA STOVER RELEASED,
Had Been Charged with the Murde
of Her Fnther,
Py Hvhi.hK Whe finni I'ln- .Woilaled Pieit
PlillJihlphii, Apiil 2.I. mi.i Miner, wl c
v. ! aiii"tid in louui'itioii nab llio ui-plt .u
licit li uf u 1- laihei, 1 ii unto .-'liner, ulm dn-i
l.i.-t sin,. I it- In-ill 1 lull It I uoiiml in I lie lie.nl .,,
Inlay dbili.iiu"d im hir on 11 ii'msnianee, '
(III situiday nlKht A1111.1 nidified the polite thai
III' Mini' had bull lujmeil and wlien hi) u.n
I a kin In Hie hii,pllal il .! ilMijired Hill h
bad h'lii htl in tho luad. Ho died tliu ui'M
ill-, niia tt.ii ilu- nub k i-Kii in the lion-,
when In 1' i.'lliti- j. 111. illt iujiutd and ho
wan placid iiinlei jiii-.t piiiillu an IliuMUJIIon
Saloon Keeper Shot.
lly KmIii-iu- Win- fiom 'llm Av-miated I 'km.
(!lli.ltto. AUll -it Willlim bee, .1 Soillli -uln
hilnuii heipti. .ii fliui Iviiie lii ti iuali'd
mill Ichiy. Ik- will pmliahl.; die. bcc'i, aail
ants al.uU'd him in lil aSin, iuit he ilefciich i
liiuiiill and hi' moiiev ullli .1 tli.nl' unlit h.
Kami, Hie nun uiapul wiiboui hnini; M-innd
an hooli.
- . -
f-f-f-f-f -f-f -t-
4- WEATHER FORECAST.
Wafhuulon, Apiil !. Koiei.i't for 4--
eiiluii l'(iiii)li.inli: Cuiilliiued iloudy
f and miiellli'il tealhei ; pioluldy li-.'ht lo-
1'al lalm Wciliict-dj) i 'Ihuinlj) si-neially -f
f fab; aii.ihli- tiiuU.
r-