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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 8, 1895)
0?HE KOESISG OBEGOKIAH, -rTESDAT. JAJSTCAKY S, 1S93.
IS AX MJUST JUDGE
that is waivr IlITCHin says op
3Ie Accbsm Him of Ilclntr tlie 1'Ilnnt
Tool of Others and of I'roslitut-
iiip IUh Office.
"WASHINGTON. Jan. 7. Charges of a
sensational nature against United States J
Judge Ricks, of Cleveland, are contained
in a memorial presented to the house to
day. Representative Johnson, of Ohio,
secured immediate consideration for the
resolution, lnstrucUr.g the Judiciary com
mittee to investigate the charges, and
without debate the resolution was adopt
ed. The charre are made under oath by
Mr. S. J. Ritchie, of Akron, O., a wealthy
itizen and capitalist. "While directed
mainly agalntt- Judge Ricks, they indi
jectly affect Judge Burke and ex-United
States Senator Payne, of Cleveland.
Ritchie gives the names or a formidable
array of counsel in Washington. Cleve
land and Akron retained in his behalf.
The charges involve losees reaching $6,000,
vf. Ritchie claims to have suffered in
tleoisions made by Judge Ricks affecting
the Canadian copper and nickel mines.
The memorial covers 12 typewritten
pages and teilsf-o"f the aiseovery of valu
able copper and nickel deposits at Sun
bury Junctior. in Canada, by the me
morialist hi 1$8S, Avhlch have become
world-wide in fame a'nd have supplied all
the nlekei for armor plates used in the
United States navy! and by the European
Kovemments. In order to develop them:
-td org&nlze corporations and then build
a connecting railway, he says, he asso
ciated himself with Stephenf-on Burke,
Henry B- Payne and Thomas AV. Cor
nall, ha were believed to be trustworthy
arid honorable. - The corporations were
Jcnown as the Canadian Copper Company
and the Anglo-American Iron Company,
with principal offices at Cleveland. Mr.
Ritchie avers that in 1809 he negotiated
in England for the sale of the property
for $K,Wi,(KW, when, his petition alleges.
liU associates "commenced to jmt into
execution a thoroughly planned and Infa
mous scheme to rob him and his wife,
who had the largest Interests." To as
sist them in their designs, it Is charged.
Judge Ricks prostituted his ofllce and be
came their subservient ami pliant tool.
Mr. Ritchie says that while he was con
lined to his bed InlJSS and unable to at
tend to his business, James B. and George
"V. McMtillen, of Ontario, secured judg
ment In Canada on a contract, by which
he was to purchase from them certain
railroad bonds, and' brought suit in the
circuit court of the northern district of
, Ohio and secured judgment. According to
the memorial, It .was afterward discovered
UihI alarge part of the coupons which
the Mfiltfllins hud agreed to deliver had
been stolen by them from the Central
Ontario railway. Stephenson Burke acted
as his attorney, he recites, and says
Burke profees-ed to defend the cae, but
called, a meeting of Payne and Cornell,
whom- Ritchie terms conspirators, at
which they agreed to appropriate to them-
- wires securities worth J2.500.000. belong'
ing to Mr. Ritchie and deposited with
thorn in connection with their mutual
Canadian Interests, appropriating them
ostensibly to prevent them from being
seized under the McMullin judgment, and
then entered Into an agreement with the
McMuIllns, who later had tiled a credit
ors' bill in the court over which Judge
Ricks presided, and which they boasted
wpuld sustain their interests.
It Is alleged to have been part of the
agreement that Burke, Payne and Cor
nell were to be made parties to the bill
and the securities in their possession
brought Into court. In furtherance of
this plan. It is alleged, his partners de
feated the sale- for $15,000,000: arranged
und planned the destruction of the mar
ket value of IJje properties, and, fraudu-.
nH 'transjprring to inemseives me
stooks owned by him, elected Burke presi
dent of the eompany. The books of the
company, which contained an accurate
statement of his standing, he charges
Judge Ricks with withholding from him;
refusing permission to his attorneys to In
spect them: acting from corrupt motives,
and, in the face of the fact that for eight
years no statement of the condition of
the company Had been made, as required
by law. Evcrj" other jmrty to the smt,
it is declared, had free access to them.
Harry P. Mcintosh and Samuel "Willlam
wn ..were interested alro as attorneys in
the suit. Continuing, the memorial says:
"In the Interest of these jwrties, as m
dlVldimls.aiKt attorneys, this vicious rul
ing Judge Ricks was made, and when
the charges preferred by the Central
labor Union of Cleveland against Judge
Ricks were recently on hearing before the
committee appointed by the house of rep
resentatives, we llnd every one of these
attorneys flying to the rescue of Judge
Ricks. "We llnd them, also, writing to
members of congress and laboring with
them to prevent any report being made
which would be ii-truthfpl statement of
Judgu .Ricks" conduct, as shown by Ills
ou'n .books. This conduct shows plalnly
the .relations which exist between Judge
Itleks and the corrupt parties whom he
had protected from being convicted by
their own books and records, as he, him
relf. ,1ms been shown to be guilty and
corrupt by lhc method of his ofllce."
Otherkspeclttcatlons are that all of the
booksf-of the corioratIon were shipped
from Ontario to the United States to
bring them within the jurisdiction of
Judge Ricks' court; that he made the rul
ing refusing Ritchie access to the books
without notice or opportunity for hearing.
und. without notice to his attorneys, dis
mtoefed Mr. Ritchie as a party to the
-aea. The charges against Judj;e Itleks
will doubtless be considered bv the ju
dHciary committee In connection with
those prefeiTcd by the Cleveland labor
iMtteHS. The members of the subcommit
tee he.d an informal conference deciding
to turn the matter over to the full com
mittee nt its first meeting, probably to
morrow, in accordance with the wishes of
There will be no subcommittee report,
liadi member. Bailey and Broderick, will
iMke & brief statement of his views,
AMke In summer sunshine and winter
i4oriHS. Dr. Price's Baking Powder is
affected 'neither by wind nor weather.
It keeps in any climate.
An Aiimut (Jicii.
CINCINNATI, O.. Jan. T.-Judge An
gtMttts J. Ricks arrived here from Clevc
latMi tonight, to sit in the court of ap
ftte tomorrow. He imssed the evening
with JMge Taft and others. He had not
ham of the Ritchie memorial until the
evexiH papers came out. To a reporter
ho mode the following statement:
"For or live years aw the McMtiUins
broagtot a fult in the United States clr
oK court at Cleveland, upon a judgment
wkhlt they secured In Canada against S.
J. Ritchie, of Akron. O.. for some i3to,0rt).
THe record showed personal service on
ItHchie in Canada. When sued upon the
jndfement in the I'nited States court, he
cwlMed the nht to plead defenses which
be tootitd have made in the original court
m Canada. The case was tried before
Uatted States Circuit Judpe Jackson (not
of the United States supreme court) and
Jdge Kick. The Utter wrote the opin
ion of the court, which was concurred in
by Je Jackson, and in that opinion
the court hekl that the Canada judgment
had the nwe force and effect as a judje
moMt of a court Of one of the states "of the
Uioi. and Judgment was given in favor
of the McMulUns upon the Canada Judg
meot. with interest.. A writ of error was
Utkett from that judgment to the su
preme coort of the United States, where
It It. eW pending. The court has had it
under advbement for years.
"t due time the McMhIKrs tiled a
traitteng hill on their judgment so ee
"nltX. a aVove stated, and made Judge
S4vanso ,BrKe, ex.-Setor Henry B.
Payae. A- B. llclntosh. of Cleveland,
and the Cornell estate of Akron aU pttr-
Ues defendant, seeking to reach the as
sets and credits In their hands to be ap
plied to the satisfaction of their judg
ment. This case, in due time, -was heard
on its merits by United States Circuit
Judge Horace H. Turton and Judge Ricks.
Judge Turton took ail the papers in the
case to his home in Xashville, and'aiter
most careful consideration, wrote a very
exhaustive opinion, deciding the case on
nearly every point against Ritchie. This
opinion was concurred in by Judge Ricks."
Armj- Officer and Indian Aucnti Con
sult With Secrctarj- Smith.
"WASHINGTON. Jan. 7. The Sioux In
dian agents and army officers in charge
of other reservations, who were sum
moned to "Washington by Commissioner
of Indian Affairs Browning, held an in
formal conference with the secretary to
day. The Indian schools and the problem
of eventual self-support were the sub
jects discussed. The conference lasted
two hours, and each agent was ques
tioned by Secretary Smith as to his own
ideas in advancing the Indians. Some
of the agents advocated an Increase of
attention to lumbering as a means of
self-support. The agents were accom
panied by Commissioner Browning. They
will be given a reception by the presi
dent in a few days, and other confer
ences will probably be held with Secre
tary Smith and the commissioner.,
CALIFORNIA'S IXSURAXCE LAW.
It Constitutionality Affirmed by the
WASHINGTON, Jan. 7. The supreme
court of the United States court today.
in an opinion read by Judge White, af
firms the constitutionality of the law
of the state of California which forbids
a person to procure a policy of insurance
for a resident of. that state in any com
pany not expressly authorized by law to
do. business- within- its limits under the
law of the state on that subject. Two
joints-were raised, in -behalf of the ap-:
pfellaht, First, thar a- policy of marine in
surance was a matter of Interstate com
merce, and beyond the power of the state
to regulate. The justice stated that the
court held that marine insurance was not
interstate commerce. Second, that the
law was an attempt to exercise the au
thority of the state beyond its territorial
limits. It was also overruled. Justices
Harlan, Brewer and Jackson dissented in
an opinion read by Judge Harlan.
In the case of the Market-Street Cable
Railroad Company, plaintiff in error, vs.
B. N. Rowley, In error, to the circuit
court for the northern district of Cali
fornia, judgment was reversed, with
costs, and the cause remanded with a di
rection to set aside the verdict and grant
a new trial.
. -The case of W. P. Sayward et al.. plaint
iffs in error, vs. Thomas Nunan et al., in
error, to the supreme court of the state
of Washington, was ordered docketed and
-dismissed with costs, on the motion of
Edward B. Whitney, for the defendants
The case of the United States vs. the
heirs of the late W. B. Moses, sureties on
the bond of Captain Howgatc, was re
opened for argument before a full bench.
Senator Allen, of Nebraska, was among
the applicants- for admission to practice
before the court. He was admitted on
motion of Senator Mitchell, of Oregon.
The Ruilroad Will Appeal.
SAN FRANCISCO. Jan. 7. The decis
ion of the supreme court that the Central
Pacltic must pay its taxes for 1887 will
probably be appealed. Judging from what
the officials of the road say, the basis
upon which the appeal will be made is
that the federal franchise has been taxed,
which gives the United States supreme
court jurisdiction. There was a manifest
determination among the railroad offi
cials not to discuss the case, but it is re
garded as certain that an attempt to ap
peal to the federal supreme court will be
The Income Tnx Case.
WASHINGTON. Jan.- 7. At the request
of ex-SenatorffitiiffS,fcfnhsel for Judge
lloorQn themotion to advance the hearing
o'f the income "tuSc case against J. S. Mil
ler, In the supreme court of the District
of Columbia, was postponed until tomor
row. The esse will be heard then by
MUST KEEP IX MOTION.
Admiral Henrdwlee Ordered to Send
IIIn VcskcIk to Sen.
WASHINGTON. Jan. 7. In the execu
tion of his policy of keeping our cruls2rs
in motion and away from home ports.
Secretary Herbert has instructed Ad
miral Beanlslee, commanding the Pacific
station, to cause the ships attached to
that station, now at Mare island and
ready for service, to go to sea. The exact
cruise of each vessel has not been speci
fied and they will probably be left to
the determination of the admiral, who
has been instructed, however, to s-ee to it
that the vessels are for no great length
of time beyond the reach of orders from
the department. Doubtless, the Monterey
and the Olympla will be ordered to cruise
from one to another of our own Pacific
ports. The first named is unable to carry
coal for an ext6nded cruise, and the lat
ter, just about to be commissioned and
being untried, should be near a navy
yard In case any defect is developed.
Aside from these there will be available
for cruising in the course of a few weeks
the Philadelphia, Boston, Marion, Michi
gan, Adams, Alert and Thetis. It Is high
ly probable Admiral Beardsley will order
one of the ships, perhaps the Philadelphia,
to run over to Hawaii on a short cruise,
but the Intentions of the navy depart
ment in the matter have not yet been
Baron Savarln did wonders for the
world in- the way of delicious cookery.
How' "much more might he not have done
with the help of Dr. Price's Baking Pow
der! ALASKA'S XEKUS.
Should lie Authority for Organizing;
WASHINGTON. Jan. 7. Governor
Shcakle,- of Alaska, was at the capitol
today discussing the needs of his terri
tory with the members of congress. He
"Our people do not favor territorial
plans that are proposed for our govern
ment. They are drawn by people who do
not understand our conditions. Territor
ial government involves elections and
tases. It would be impossible to, hold
elections, and we would not receive the
returns for a year afterward. The' tax
ation Is impracticable, as proposed. The
brunj. would fall on our mining interests,
mos-t of the people being squatters.
Alaska has had no legislation since the
act of ISSi. and it is well for her that
the most of that has failed. There should
be authority for the organization of mu
nicipal governments, and the governor
should be empowered to appoint justices
of the peace and constables for remote
sections. Otherwise, we are doing well
under existing laws."
OTHER XATIOAL XEWS.
The Latest Appointment.
WASHINGTON. Jan. 7. The president
today sent the following nominations to
State Hiram R. Lott. 1-ouisiana, con
sul at Managua, Nicaragua.
Navy Surgeon Joseph B. Parker, to be
medical Inspector; Passed Assistant Sur
geon William H. Bush, to be surgeon.
Postoffice Mar- Foley, postmistress at
Cnh Balance and Reserve.
WASHINGTON. Jan. 7. The treasury
balance today at the close of business
stood at $lM.e.0Mt. of which JSl.Hb.5M is
in gold. This is a slight 8"dR over Satur
day. The Xew Silver Dollars.
WASHINGTON, Jan. 7.-tadard sliver
dcllars "issued"! or the lawcekrS2xS.S3.
MITCHELL AXD PEFFER I
THEY WERE THE PRIXCIPAli CARDS
IX THE SEXATE.
Oregon Senator Spoke for the A'lcs-
racunn Canal, and the Benrilcd
Kansnn for the Old Soldier.
WASHINGTON, Jan. 7. The senate ad
journed soon after 3 o'clock today as a
mark or respect to the memory of Rep
resentative Post, of Illinois, who died
yesterda, A speech by Peffer, in sup
port of a service pension law, for the
benefit of soldiers and sailors of the late
war, and another by Mitchell, of Oregon,
in behalf of the Nicaraguan canal bill oc
cupied most of the time of the session.
Lodge's resolution regarding the with
drawal of American ships from Hawaii,
was taken up, but was laid aside until
tomorrow, when It will be further debated.
Ransom was elected president pro tem
of the senate to act In the absence, of
Vice-President Stevenson land President
pro tem Harris. The oath of office
was administered by the venerable
Senator Morrill. Ransom briefly thanked
the senate for its expression of confidence.
It' was due to himself to say that on the
return of the distinguished senator from
Tennessee (Harris), who had been eleeted
president pro tem.r He should ask to be
relieved from the position. The presiding
officer then called Manderson to the chair
and a resolution was adopted authorizing
the secretary of -the senate to inform the
president of the United States and -the
house of representatives of its action re
garding the ejection of a presiding officer.
"George and Butler opposed the Lodge
resolution calling on the secretary of -the
navy for information why the United
States warships had been, withdrawn from
.Hawaii. Peffer then, made his speech and
Mijenell -addressed the senate. The Ore
gon senator summed up the objections of
Turpie to the canal, and then answered
each In turn. He first took up the po'nt
made by Turpie that the bill was uncon
stitutional and made a strong argument.
"Since the early hlf.tory of the govern
ment, in the absence of other arguments,
the unconstitutionality of a measure has
been the shibboleth invoked by those
who desire its defeat. I shall not assume.
however, that such is the sole purpose
in this Instance, but that this objection is
urged in good faith by the distinguished
senator from Indiana, and is deservins
of notice and answer.
"Whatever may be 'the constitutional
power of the government to guarantee
the payment of the principal or interest,
or both obligations of a purely private
corporation, it is clear such is not the
proposition now before the senate. The
senator from Indiana is in error in as
suming that such is the proposition. He
is wrong in both the assumption of the
fact and in logic in likening It to a
proposition to guarantee the-obligatlon of
one of the states of the Union. While in
one sense the Maritime Canal Company of
Nicaragua is a mere private corporation,
holding its charter from the congress of
the United States, it is quite different
from the aspect in which it is presented
in the pending bill. Endowed vith the
functions with which this measure clothes
it. and being the cestihque- trust of im
portant government rights and franchises.
in virtue of invaluable subventions from
two foreign republics. It is at once trans
formed from a mere private corporation, a
mere person, into a medium through and
by which these great sovereign powers
exercise certain public functions and per
form certain grand governmental pur
poses. It is no longer the mere depository
of certain individual rights and interests;
no longer the mere trustee or agent of
pri-ate property and individual personal
rights, but the necessary and proper de
positor" of Important governmental rights
and interests, the selected and appropriate
instrumentality through and by which
the government exeicises certain impor
tant public functions, the grand purposes
of which; to provide for the common
.defense, promote, the general -welfare -and
TeguTate commerce with foreign nations
and among the several states.
"So far tnen from this being a propo
sition to guarantee the payment of bonds
of a private corporation, as suggested by
the senator from Indiana, and thus pro
mote mere private or personal ends, it is
a proposition to guarantee the bonds of
a great public corporation Intended to ad
vance not only great national but im
portant international Interests.
"By the specific provisions of this bill
it is not likel that exceeding 7 per cent
of the stock will ever be held by pri
vate persons, and not exceeding 22s per
cent can ever "by 'any possibility be to
held, while 70 per cent will be held by the
United States; 6 per cent by Nicaragua;
l4s Per cent by Costa Rica, and 15"i by the
Maritime Canal Company. Of this latter
amount, of course," "the United States,
Nicaragua and Costa, Rica will own and
control 77 per cent. The constitutional
question presented, therefore, is not
whether the government has power to
guarantee the payment of the obligations
of a private person, firm or corporation,
but whether in. the ample plentitude of
Its power it has the constitutional capac
ity to do that which all must concede
tends directly and in an unmeasureable
degree to promote commerce, which is in
cluded In the. power to regulate com
merce, not only with foreign nations, but
among the several states, and which
tends, moreover, as will the construction
of the Nicaraguan canal, to add Incom
parably to our national provision for the
common defense and the promotion of the
"Will it be said that there is "no con
stitutional power in congress to do this?
The distinguished senator while conced
ing here inhibition in the constitution
against it, insists very properly that the
material question should be: Is there
anything in the instrument allowing, per
mitting or authorizing it".' And then, as
suming there is not, he triumphantly de
clares the silence of the constitution is
as obligatory as its utterances. The sena
tor neglected to mention the fact that
there are many incidental grants of power
in the constitution, which are operative,
forceful and binding as are those that are
granted in express terms.
"The constitution, fortunately, is not
silent upon the subject of the regulation
of commerce with foreign nations, and
among the several states, nor is it silent
upon the general subject of a provision
for the common defense and the promo
tion of the general welfare. The consti
tution is, -and always was, silent upon
express terms upon the subject of the
acquisition of foreign territory. It is
silent and always was so in express terms
as to the right to purchase Florida from
Spain, Louisiana from France, and an
empire each from Mexico and Russia; but
not being silent upon the great funda
mental questions of common defense and
the general welfare and the regulation of
commerce, in which are included and com
prehended all these necessary incidental
powers, and In the absence of which our
government would be a feeble, hobbling
dependant confederacy instead of n
grand independent, progressive nation
we have moved onward under different
ami divers administrations and have ac
quired these immense territories, thus
demonstrating the wisdom of the funda
mental law given us by the fathers, as i
also our independence and supremacy
among the nations. In the face of those
grand achievements, which have received
the Indorsement of generations past and
present, and which have added so Im
measurably to the dignity and greatness
and grandeur and power of our repub
lic, must we be told today there is no
constitutional power in congress to akl
ln tne construction oi a great nsuoaei acu
international interoces.nlc waterway con
necting the two great ocenhs. bringing
into close business, social and commercial
relations the two sides of the continent,
whichwlll. do more to promote.the gen
eral -wvjlfarc in a commercial, naval and
socl'alVense. ajid at the sarae ilrae add
Incomparably to ouc provision for the
common defense, than any other one pro
ject which ever received- the sanction of
'congress of the United States?"
Mitchell then took tip;, each of the ob
jections, raised by Turp'e and reviewed
and answered them at length. He passed
on to the Importance, of, the canal to his
own state and to the Pacific coast. On
this point he said:
"Of all sections .of the country which
are to be Immensely benefited by the
canal, those borderins on or tributary
to the Pacific ocea,n. will be benefited
most. Oregon, California and Washing
ton, while prolific in a great variety of
agricultural, mineral, mber, commercial
and other products,, are notable wheat
growing states. The Pacific coast has a
surplus of about 1.S0O.0OO tons of wheat
and flour. The principal market of this
surplus Is Liverpool. This necessitates
transportation by water around Cape
Horn a distance from San Francisco of
about 14.000 miles. By the canal this water
route to Liverpool will be shortened G99S
miles, nearly ope-half. This, it is esti
mated, will reduce the transportation
charges from all Pacific ports at least J2
per ion, to say nothing ot tne time saveu.
But infinitely greater will be the advant
age to the woolgrowers of the Pacific
coast, who find their principal market for
their surplus products In Atlantic coast
ports, notably New York, Philadelphia
and Boston. As the case now stands, the
distance between Portland, Or., and New
"STork. by all-water routes, is 1500 miles
further than between Portland and Liver
pool. &31 miles apart- The effect this
would Inevitably have on the cost of
transportation, of wool, lumber .and fruit
and other products of the far Western
states .will be seen at a, glance."
Mitchell concluded with an earnest ap
peal for immediate and iavorablc action
on the bilL
The Dead" Honored.
.WASHINGTON, Jail. 7. The desk of
the late Representative Post, of Illinois,
-was covered with-prape, on which-rested
a wreath of flowers, when the house met
today, xhd Chaplain Bagby fn a prayer re
ferred to the dead -member eloquently. Tl.e
death" of Mr. Post was then formally an--nouiiced
by Henderson, of Illinois, who
spoke of lhc shocl:" caused by the sudden
decease of amember who had been seen
by many colleagues In good health Friday,
and referred to him as a brave and gal
lant soldier, and a faithful and intelli
gent representative. Resolutions, pre
pared by the IIHpoIs delegation, were
adopted. Speaker Crisp appointed the
following committee 'to accompany the re
mains to Illinois: Henderson, Lane,
"Marsh, Childs and Wheeler, of Illinois;
Bynum of Indiana. Boutelle of Maine,
Lucas of South Dakota and Stallings of
Alabama, The house at 12:13 P. M. ad
journed. IX THE COMMITTEE-ROOMS.
The Spokane Military Post Amend
ment Xoiv Under Discussion.
WASHINGTON, Jan. 7. There was
quite a lively contest today over the
Spokane military post. Squire put in the
Walla Walla petition against the proposi
tion. The subcommittee of the senate
military committee considered the army
bill today. Blackburn is opposed to do
what Squire wants, but Cockrell and Tel
ler are against the Spokane proposition,
and may try to strike it out. Newberry
and other friends of Spokane have been
hustling, but If the senators are against
It, this may defeat it.
KlKht-of-AVny Through Public Land
WASHINGTON. Jan. 7. The senate
committee on -public lands today author
ized a favorable report on the bill passed
by the house last August, authorizing the
secretafyof thelnteriorto permit the useof
a right of way through public lands not
within the limits, of any park, forest, mil
itary or Indian reservation for tramroads,
canals or reservoirs to the extent of the
ground .occupied by the water of the
canals and reservoirs, and 00 feet on each
side the marginal limits thereof, or 30 feet
on each side tlje-.center line of the tram-
roads, by any cijtlzep or any association of
ntizens of th,eh"ted States -ejigaged In
,tne. business oiycuiung. umoer ana man
To Relieve the Fire. Sufferers.
WASHINGTON, Jan. 7. The senate
committee on public lands today favor
ably reported the. bill recommended by
Secretary Smith for the relief of home
stead settlers on the timber lands of Wis
consin, Minnesota' and Michigan, who suf
fered loss, by reason of the severe forest
fires the past autumn. The bill ha3 al
ready passed the house.
An Invcstijrntion 1 ill Be Made.
WASHINGTON.- Jan. 7. The senate
judiciary committee today considered the
case of Judge Clarke, appointed United
States district judge of the eastern and
middle district of Tennessee. A sub-committee,
consisting of Senators Hill, Lind
say and Piatt, was appointed to investi
gate the chargea and report to the full
OTHER COXGRESSIOXAL XEWS.
Coxey Anxions for a Hearing.
WASHINGTON. Jan. 7. General Jacob
S. Coxey, leader of the commonweal move
ment, and an unsuccessful candidate for
congress, was at the capital today to ar
range for hearings before the house ways
and means committee and the senate
finance committee to advocate his non-intercst-bearing
The Admission of Oklahoma.
WASHINGTON, Jan. 7. Senator Mar
tin today introduced a bill for the ad
mission of Oklahoma as a state. The bill
provides for the extension of tbdnreas so
as to include a part of the 'territory of
the Chickasaw nation.
Repulilicau Stcerlnjr Committee.
WASHINGTON, Jan. 7. The senate re
publican steering committee met this
morning. It was unable to agree upon
any plan that would enable the demo
crats to make any changes In the existing
In woman's empire Dr. Price's Cream
Baking Powder is always sure to rule.
He Thinks the Social Evil as Esmcu
tial as Sewers.
LITTLE ROCK. Aik., Jan. 7. Several
days ago a New York paper asked Gover
nor Fishback for his views on the social
evil question. The governor replied that
houses ot prostitution were as essential
in .cities as were- the sewers that carried
oft" the filth. The city pastors' associa
tion, of Little Rock, held a meeting today
and passed resolutions setting forth that
the governor's expressions did not con
form to the sentiment entertained by the
respectable citizens of the community.
The association did not believe the gover
nor had the right to speak, as chief exec
utive, for the people of the state on the
question. The association cites the stat
utes as voicing the sentiment of the law
Enforcing the Edict.
BOSTON, Mass.. Jan., 7. Archbishop
John J. Williams has sent out the follow
ing letter to be read in all the churches
of the arch-diocese of Boston.
"We learn by letters from Rome, for
warded by his excellency the apostolic
delegate at Washington, that the most
holy father has forbidden Catholics join
ing the societies of Odd Fellows, Knights
of Pythias or Sons of Temperance. As
to those who have already joined any of
thes.e societies, they are to be admonished
to withdraw from them, and if thev refuse
' to ,io so thev are to be denied the saem-
On Its "Way to SntoIIi.
WASHINGTON, Jan. 7. Satolli's secre
tary, Rooker. stated today that he had
reason to think that the long-expected
American encyclical letter of the pope
v&s on its way to Washington
REPORT OF THE APPRAISER AS TO
The Object of the 'Appraisement Was
to Determine the Amount of Tax
to Be Imposed.
NEW ,YORK, Jan. 7. Lawyer McClure,
who In March, 1S33, was appointed ap
praiser by the surrogate to fix the value of
the estate of the late Jay Gould at the
time of his death, with a view to determ
ining the amount of tax that should be
Imposed upon the personal property, has
made his report. He finds the value of
the personal estateof the late millionaire
to be upwards of JSO.000,000. He allows
$5,000,000 as an indebtedness to the estate
or George J. Gould, which is deducted
from the total value of the estate. The
value of the estate Is $S0,93i,5S0, less the
amount of debts. $6,533,53), and less lega
cies, annuities, etc., to his brother,, sis
ters, and grandson, of ?1,13G,513, making
the amount of the residuary estate to be
S73.224.347. Each of the six children of Mr.
Gould Is entitled to a life interest, in trust.
In one-sixth of the residuary estate, with the
remainder to their children. Under a re
cent decision of the court of appeals, it is
held that these remainders are not liable
to taxation, whereas formerly they were.
This will reduce the tax considerably. It
is expected that the executors will be en
titled to recover from the $600,000, which
they have paid to the state, a small sum
in their favor.
The Ilarron "Will Contest.
SAN JOSE, Cal., Jan. 7. Owing to the
unsatisfactory serviceJPof citation upon
the minor -children of Eva Rose Barron,
the widow who is defending the contest
of the will of- her husband, Edward Bar
ron, millionaire, the case was continued
THE SALE OF THE "CALL."
That Paper Sow in the Hands of C.
SAN FRANCISCO, Jan, 7. ChorHs M.
Shortridge made the final payment of
$342,000 for the Morning Call today, and
the paper passed into his possession. It
was developed that the 500 carrier routes
on the paper are worth as much as the
paper Itself, one route having sold for
$7000 a few weeks ago. Shortridge gave
in payment a check on the Nevada bank,
and took immediate "possession. Speaking
of his policy, he said:
"I shall not attempt to conduct the
largest paper In the country, but I shall
publish the brightest paper money can
secure, and to accomplish that end I shall
make a great many changes."
The sale of the Bulletin will take place
tomorrow. Mr. Shortridge has already of
fered $30,000 for it, though he says he will
not be a strong competitor. He will not
buy It, unless it goes at a bargain. It is
understood that Mr. Fitch, one of the
present owners, will make a strong effort
to retain the Bulletin.
Sale ot ilic "Call" Confirmed.
SAN FRANCISCO, Jan. 7. Circuit
Judge McKenna today confirmed the re
port of Master-in-Chancery Heacock of
the sale of the morning Call at auction
last Friday to C. M. Shortridge for $360,
000. ITS BOXDS PLACED.
A California Irrigation CompnuyXow
in a Position for Business.
SAN DIEGO. Cal., Jan. 7. The Colorado
River Irrigation Company, which has had
somewhat of a stormy career in effecting
an organization, teems now in a fair way
to accomplish its object, which Is to sup
ply water for the Irrigation of the Colo
rado desert or that part in this and River
side counties, and immense tracts of land
in Lower California and Sonora, Mexico.
It was learned today from private sources
that the . company .had .placed its. bp.ndsJ
with the Sutton syndicate of .Edinburgh.
Scotland. The amount, is not given, but
the company has an authorized capital of
$7,500,000. Water for Irrigation is to be
taken from the Colorado river below
Yuma, and by an immense canal conveyed
to that vast depression known as Salton
basin in this and Riverside counties, which
lies 100 feet or more below the sea level,
comprising millions of acres of good soil
now dry, and treeless. With water the
possibilities of that loclallty, from an agri
cultural and horticultural view, are prac
tically unlimited, especially in the way
of semi-tropical and tropical fruits. It is
also understood that the cqmpany has
also secured valuable concessions from
Lower California and Sonora, and is ne
gotiating with General Andrade for his
immense tract in Sonora.
OTHER FIXAXCIAL XEWS.
Personally Xot Embarrassed.
NEW ORLEANS, La., Jan. 7. The an
nouncement of the failure of D. M. Fer
ris was an error. Receivers were ap
pointed for the Burdon Central Sugar
Refining Company, at. Franklin, and the
Ferris Sugar Manufacturing Company,
"Limited, at Barbeck, La. Mr. Ferris is
Interested in both concerns, hence the re
.port of his failure. It is authoritatively
stated today that personally he is not
Granlte-AYare Potters Combine.
EAST LIVERPOOL. O.. Jan. 7. At a
meeting of the representatives of the
granite-ware potters of the United States,
held here, an agreement was entered Into
by which all will become members ot
the United States Potters' Association,
an organization recently formed for mu
tual protection. A new scale of prices
was also adopted, and, as an evidence
of good faith, each company deposited
$30 for every kiln in Its plant to insure
carrying out the agreement.
Rebearingr for a. Mininpr Company.
SAN FRANCISCO, Jan. 7. An appeal
in the famous case of Martin W. Fox
against the Hale & Norcross Mining Com
pany and others, in which the defendants
have a Judgment for over $1,000,000 ren
dered against them, was resubmitted to
the supreme court today, and a rehearing
was ordered two weeks hence.
The Year's Fire Losses.
NEW YORK. Jan. 7. In its issue of
tomorrow the Journal of Commerce and
Commercial Bulletin will say that the
fire loss of the United States and Canada
for December, as estimated from its daily
files, amount to $10,321,000. The total for
the year is ?12S,216,4C0.
Good housekeeping can be reduced to
a science with the aid of Dr. Price's
Cream Baking Powder.
TEE PARASITIC FUNGUS.
A Preventive Treatment Recommend
ed 1y Government Agent Price.
SANTA ANA, Cal., Jan. 7. Special Gov
ernment Agent Price gave out the follow
ing informsitlon in reference to the para
sitic fungus prevalent on apple trees
from Central California to Middle Ore
gon, and north to British Columbia on the
west side of the Cascade mountains:
"Recent investigations, conducted at this
laboratory, following those made in Ore
gon and Washington, have disclosed the
fact that the apple disease prevalent
throughout the western portion of these
states, and which affects the trunk and
branches around the apple trees. Is large
ly due to an action of a parasitic fun
gus, the life history of which is now be
ing studied. The department recommends
that the diseased trees be thoroughly
sprayed with Bordeaux mixture, special
care being taken to treat frequently those
parts affected the preceding season. The
treatment should invariably be preven
tive and not curative. The Bordeaux mix
ture is best adapted for use during the
rainy. season,and is made with 10 pounds
ot lime and six pounds of copper sulphate
fo -43 gallons ot water.'
The Hawaiian Minister's Return.
NEW" YORK. Jan. 7. L,orin G. Thurs
ton, Hawaiian minister to the- United
States and to Portugal, was a passenger
on the Cunard line steamer Auranla,
which arrived here this afternoon. Mr.
Thurston said that he had nothing- of
political importance to relate, he having;
just-come from Portugal, where he had
made arrangements with that govern
ment for the shipping of S00 Portueguese j
iu me xiiiwiiwiin isianns. wnere tney win
work on the sugar plantations. Mr.
Thurston will go direct to Washington.
A TERRIBLE ACCIDENT.
One Hundred and Twenty lVrsnnx
Drowned in Rio Janeiro IJn-r.
RIO JANEIRO, Jan. 7. A terrible ac
cident resulting in great loss of life has
occurred In the bay here. The boliers of
the steamer Port Nlctheroy, which ves
sel had quite a large number of excursion
ists aboard, exploded and the shock drove
the redhot coals in the furnace in every
direction. The steamer caught tire and a
great number of those on board jumped
overboard to escape the flames. Alto
gether 120 persons were drowhed.
SLOWLY ROASTED TO DEATH.-
A. .Fireman and PnsscuKcr Killed in
a Railroad Accident.
MASSILLON, O., Jan. 7. In a collision
this morning, on the "Wheeling .& Lake
Erie, east of here. Fireman 'Ryan, of Nor
walk, was pinned in the cab and slowiy
roasted to death. The neck ot Ewing
Langsdorf, of Smithvllle, a passenger,
who had been at Orrville, was broken.
Conductor J. B. Romus, of Norwalk,
jumped, breaking one arm and fracturing
three ribs. He will die. G. P. Parsh and
Jack Berkhart, of Massillon, were serious
ly Injured and will probably die.
A Market Hnnter's Disappearance.
SACRAMENTO.-Cal., Jan. 7. John Mc
Clure, a market hur.ter, left this city last
Thursday for two days hunting in the
overflow between the Sacramento and
Feather rivers. His profoneed absence?
alarmed hfs friends who started out last
Sunday In search Of him". Today word
came by telephone from Knight's landing
that his boat has been found near that
place, bottom side up. and the probability
is that the man was either drowned' or
else foully dealt with by tramps, who
stole his gun.
Victims of the Dclevna House Fire.
ALBANY, N. Y.. Jan. 7. The bodies of
two of the victims of the Delevan hotel
fire were unearthed from the ruins this
afternoon. They were found In the debris
in the cellar, and were directly under the
attic where the 15 servants are supposed
to have been trapped, on account of the
rapid spread of the flames. The bodies
were unrecognizable. It is supposed that
the remains of all the victims will be
found near the place where these two
bodies were discovered.
Injured Firemen Doinpr "Well.
TORONTO, Jan. 7. All of the firemen
who were injured in Sunday's fire are do
ing well and will probably recover. The
walls of the Globe and McKinnon build
ings are in a dangerous condition and will
have to be pulled down. The safes in the
burned buildings were taken out tonight
and their contents found uninjured.
Dynamite Explosion Reported.
MADRID, Jan. 7. It is reported that a
dynamite explosion, accompanied by
great damage, has occurred at Sestao, a
small telegraph station near Bilbao. No
details have yet been received. ,
JUDGE CALDWELL'S ORDER
It Will Be Gil en a. Trial' by Union Pa
OMAHA, Jan. 7. The historic order of
Judge Caldwell, concerning the discharge
of employes who testified In the wage In-
vestlgatlonj is--to.be,glA-e. another" atrial.
-When Judse Caidwel made- the order,
which has become the hope of rahway
emploves. he declared that the humblest
emplbye would have the right to carry
a grievance clear up to him, and he
would see that he was given a fair deal.
Two " former employes ot the Union Pa
cific, now" out of jobs because of retrench
ment, are preparing to do exactly that
thing. Local Freight Agent Burrows, of
the Union Pacific, repeived orders from
headquarters in the latter part of Decem
ber to reduce the force in the local freight
houses and he did so. There were about
15 men discharged. It was said today that
there were two of the men who, proposed
to bring the matter before General Mana
ger Dickinson and see if the older men
should not have the preference. It being
alleged that some of the younger men
have been retained. This has always
been the policy of Mr. Dickinson, and the
men believe that if the matter was pre
sented to him in the proper light he would
see that when there were discharges to
be made that the oldest employe had the
preference and stayed in.
Railroad Firemen in Session.
OMAHA, Jan. 7. The protective board
of the Brotherhood of Locomotive Fire
men, of the Union Pacific system, met at
the Windsor hotel tcday, C. A. M. Petrie
presiding. After the discussion of several
grievances that have been referred to
the board for settlement, and the trans
action ot other bustness.'tbe officers for
the ensuing year will be elected. The
board will be in session several days.
THE SICK AND THE DEAD
Private Secretary Ponsonby Stricken.
OSBORNE. Isle of Wight, Jan. 7. Gen
eral Right Hon., Sir Henry Frederick Pon
sonby, G. C. B., private secretary of
Queen Victoria, was stricken with paraly
sis at Osborne cottage toddy, and is in a
critical condition. Sir Henry Ponsonby
dined with her majesty last evening. He
was born in 1S23. and was formerly secre
tary to Prince Albert, the prince consort.
Gladstone's Health Improved.
LONDON. Jan. 7. Mr. and" Mrs. Glad
stone arrived in London this morning on
their way to Cannes. Herbert Gladstone
says his father's health has improved
to the extent to enable him to resume his
favorite pastime of chopping down trees.
Admiral of the Ilrl'tiMli Fleet.
LONDON, Jan. 7. British Fleet Admiral
Lorlng died at Ryde Friday.
A stately leader in the procession of
American food products is Dr. Price's
Cream Baking Powder.
Teter Still TalUinjr About Corbett.
GLASGOW. Jan. 7. At a boxing ex
hibition here this evening, Peter Jackson
publicly challenged Corbett to meet him
and declared that he would not retire
from the ring without beating the Ameri
can champion. His speech was hailed
with cries of "That's right." Jackson has
sent no reply to Craig.
Dr. HarUncss Defeated Sutro.
SAN FRANCISCO, Jan. 7. A.t the elec
tion of officers of the California Academy
of Sciences, held today. Dr. Harkness, on
the regular ticket, was elected president,
defeating Adolph Sutro, the candidate of
the reform party. The vote was; Dr.
Harkness, 67; Sutro, 44.
Stanford University Opened.
PALO ALTO, Can., Jan. 7. Stanford
unversity opened today. The registration
of students is not complete, but the num
ber will exceed U00. Professor W. W.
Willoughby has been added to the faculty,
end will take a chair in the economic de
partment. lias Started for Toliio.
""LONDON. Jan. 7. A Peking dispatch
says: Chang Yin Hoon, the Chinese peace
envoy, started ior Toliio today.
TEE RACE A FIXTDRE
TERMS OF THE XEW YORK. Y VCHT?
CLUB AGREED TO.
Englishmen "Wining- to Give a Re
ceipt on the Terms Contnlncd in
the Deed of Gift.
LONDON. Jan. 7. The Royal Yacht
Squadron has decided to receipt for the
America cup in accordance with the
terms of the new deed of gift. This w ill
prevent the withdrawal of the cup as an
International trophy she aid Enult.nd win
it, which was permissible under-the old
deed of gift. Immediately after the meet
ing was adjourned, the following cable
grams were sent to Commodore Smith,
chairman of the cup committee at New
York: "In regard to the construction -placed,
upon the deed of gift ot 1SS7, by the New
York Yacht Club, the Royal Yacht
squadron is willing to give a receipt on the
terms contained in the deed of gift.'
"We cabled you today the result of the
special meeting of the Royal Yacht squad
ron, and conclude that the challenge is
Lord Dunraven v.-as seen after the meet
ing. He said he couid not discuss" the
plans for building his yacht Until .every
thing wa3 settled.
Mncli Rejolclnsr In ow York.
NEW YORK. Jan. 7. -When it wa3
learned in this city that" the Royal Yacht
squadron had accepted the conditions laid
down by the America cup' committee,
there was jubilation in yachting circles,
and al?o among the large contingent ot
patriotic citizens who have an abiding
faith in the ability of the American yacht
to meet all comers. Tne final acceptance
of the terms removes the "last obstacle in
the way of an international race. As..the
matter now stands I-ord Dunraven" has
the right to ask that the first race be set
far ight months from toda or Septem
ber 7. But as that date comes oij- a Sat
urday, he will probably suggest either
September 10 or 17 for the race. Whatever
l-date is selected will be subject to post
ponement, in case the new Valkyrie does
not arrive in time to allow Lord 'Dun
raven three weeks to fit her for the con
test. The final races, like those of ISM,
will be outside or Sandy Hook, and will
be started from the vicinity of the Scot
land lightship. There-will be three races,
each over a 30-mile course, and at least
one day must elapse between racing days.
Genernl Paine Plen.sed.
BOSTON, Jan. 7. General- Paine was
here this afternoon and expressed him
self as being much pleased at the action
of the Royal Yacht squadron meeting,
"The action of the Royal Yacht-squadron,
although so pleasing, is nothing more
than I have expected. The fairness of
the new deed of gift has now been ac
knowledged and I see no bar to continued
racing for what is really the champion
ship trophy of the yachting world."
IX THE SPEED R1XG.
San Francisco' Races -Run Over the
The races at San Francisco yesterday
were run on the inside track instead of
the regular course. The new going up and
down hill puzzled the talent and they
plcked only one winner. The winners at
San Francisco and New Orleans were:
At San Francisco Five furlongs, sell
ing, for maidens. My Charm in lrlOV-j; five
furlongs, gelling, Adolph in l:09'j: five
furlongs, selling, Three Forks in 1:0S; six
furlongs, Zobair in lr-ft; about six fur
longs. Charmer in 1:24.
At New Orleans Six furlongs, Hodgson
in l:22'j; one milet Brakeman in 1:34; six
furlongs, Chenoa in 1:21; six furlongs.
Jardlne in 1:22; seven furlongs, Joe Wool
man in 1:30.
For. the Trotters and I'neern.
-..-SAN-lFRANClSeOi Mair. T-rThcr Cali
fornia Jockey Club intends to. give a big
Meeting in the fall for trotters and pacers.
It will be held either at Oakland or on
the Bay district track. There will be $30,
000 given away at .the meeting, and the
conditions promise to. be unusually liberal.
The free-for-all trot, and the free-for-all
pace will be worth $2000 to the winners,
while $1200 and $1500 are offered for other
fast classes. All the events, except the
yearling and the 2-year-old races, are to
be mile heats, best three in five.
"All that glitters is "hot gold," but the
gold in the medal received by Dr. Price's
Baking Powder at the California midwin
ter fair is genuine.
ABOUT THE FIGHTERS.
Corbett Says There Is Xo Doubt of
His Fight With Fitzsinuuons.
ATLANTA, Jan. 7. Champion Corbett
arrived this evening. Whon asked If he
thought the fight with Fitzsimmoris would
ever take place, he said:
"Of course It will. The match has been
made, the money is up, and the fight must
and will come off. I think it will occur in
Jacksonville, in September next. There
is jio law in Florida to prevent it. Gov
ernor Mitchell used everything in his
power to stop my fight with'Mltchell," but
was. unsuccessful. Besides, the people ot
Florida and Jacksonville are anxious for
the fight to take place there on account
of the immense amount of money that
those who go will spend."
It Is Not
But -what Hood's Sarsaparilla does, that
tells the story. Tile great volume of evi
dence in tho form of unpurchased, volun
tary testimonials prove beyond doubt that
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