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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 20, 1900)
THE MORNINa OREGONIAN, SATURDAY, JANUARY. 20, 1900.
MUCH CLARK MON
New Points Brought Out at the
Senate Committee Hearing.
FOUR NEW WITNESSES HEARD
Ilntte Lawyer Relates an Interesting
Story of His AVandering Alter
the Montana Election.
WASHINGTON. Jan. 19. The hearing
before thesenate committee on privileges
and elections In the case of Senator Clark,
of Montana, developed four new witnesses
and continued to a finish the testimony of
the accountant, Rector, who liad been on
the stand "Wednesday. The new witnesses
were Representative Cooney, E. C. Butler,
a preacher named Warren, who was
chaplain of the Montana house of repre
sentatives, and a lawyer named Cason.
The two last-named testified to many In
cidental proceedings which lent excep
tional interest to their statements.
William F. Rector went on the stand at
the beginning of the day's session. He
said that all he did In securing rooms was
reported to the higher authorities, and he
volunteered, in this connection, the state
ment that, "in the case of every man pur
chased, it was necessary to report to Mr.
Clark." He had not made such report
himself, being "only a private," and not
on such terms of familiarity with the
"big guns" as to justify his approaching
them. He repeated the statement made
in his examination in chief, that apart
ments in the Warren hotel had been re
fused because there was no underground
passage from that building to the legis
lative hall, contending seriously that Mr.
Clark's managers desired such a passage.
Once, when Sentor Faulkner tried to check
the witness in bis voluntary testimony,
"I want to get out the whole truth; I
am not interested in suppressing part of
it, as you are."
Mr. Faulkner brought out the fact that,
previous to coming to Washington, Mr.
Rector had been engaged as an expert on
the books of the Hennessy Mercantile
Company as a stockholder.
"Is Mr- Daly connected with that com
pany?" asked Mr. Faulkner.
"I don't know, the witness replied. I
was only after the cashier and book
keeper." Mr. Rector testified as to Mr. Davidson's
bringing money over from Butte and leav
ing it in his charge for Mr. Steele, he
being then employed by Davidson.
"L don't remember the times when he
brought It," he said. "The typewriter and
I looked at it. We were both awful glad
to see it, as the typewriter had not been
paid for four months and I had not a
"Do you not know that Davidson had
money in the bank?" Mr. Faulkner asked.
"No, Indeed." was the reply. "There
were lots of others that did not know it."
Davidson had, he said, left the money
with him for Steele in an open envelope,
and he and the typewriter had looked at
it after Mr. Davidson had left. Money
had been thus brought to the room by
Davidson and left for Steele on three dif
ferent occasions just before the meeting
of the legislature. Rector said he did not
know what sum was brought In by David
son at any time. "I only know," he said,
"that we suddenly accumulated a drawer
full of money." He did not know what
was done with it.
He ,2id know, however, that Powell
- Black (had been sent out to "get" a mem
ber of the legislature who was to have
$5000, and after returning he had said that
be had a hard trip but that "it was all
Tight." In another instance Black said
he had "landed his nsh inside of an hour."
The witness said that if there were in
consistencies in his testimony it was be
cause counsel had "frightened him so."
He afterwards said that his remark was
"on the side and not "under oath." When
Faulkner pressed to .know what part of
the testimony was nnder oath and what
was not, Rector replied:
"I am aust watching you to wink the
other eye when you want to suppress
This remark brought out a reproof by
Senator Chandler and a side remark by
Senator Hoar, "that the making of jokes
was the prerogative of the chairman."
The witness said he had not told anyone
that if be was not paid money by the
Clark people he would testify as he had
done, or that Mr. Hennessy. of Butte,
was to pay him several hundred dollars.
A Clittplnin on. the Stand.
Mr. Rector was excused at 11:35 o'clock,
and Rev. B. E. H. Warren, who was
chaplain of the Montana house of repre
sex.at.ves in the last session, was called.
Mr. Warren related the details of two con
versations be had with Senator Clark
while the legislature was in session and
just previous to the election of Mr. Clark.
L.c siJd be had been a. supporter of Mr.
, C .&rai, that be had read the reports that
he was. using corrupt means to secure his
eiectio. and that he had called upon him
fur the purpose of satisfying himself.
"1 asked the senator," said the witness,
"w hat the prospects of election were. Mr.
Clark replied that they were all right. "I
v ill De ejected, Clark said. He spoke as
suredly, "but said he did not want the
election until he could get a majority of
the democrats. He could, he said, with
tae assistance of the republicans, be elect
ed at any time, but he did not want the
election that way. Clark added that the
n.embers were coming to him at the Tate
of one -or two a day. I then asked if he
expected the republican vote. He replied
tLut he did, and I tasked him if he was
sure of all of them, to which he replied
that there might be one or two defections,
daing "that is all arranged for. I then
tOid hm that I heard a democratic mem
ber (giving the name of a member of
the house) say 'he would support vou for
a consideration." "How much does he
-Rant? Clark asked. "About $10,000, I
th.nk.' I replied. Clark studied a mo
rn or t and said: 'I can't do anything like
that ni self, but I will have it fixed. Ho
did not, however, say who would fix it"
Warren raid -he had seen Clark the
next morning in the lobby of the hotel,
aid Claik had asked him where "his
man' was. He had replied that he had
not seen the member, when Clark said:
"Tell him I want his vote today."
Continuing, he said, Clark expressed
hims.lt as being weaiy of the proceed
ings, and said tt must come to a conclu
sion. Explaining himself further, Warren
said he had not seen the member in ac
cordance with this request, but that be
fore he went to see Clark he had heard
tK member say iokintrlv that ho vnnM
vote for that gentleman for S10.0M.
On cross-examination, Warren said he
had nisigneft his mh.Istry in the Meth
odist church after giving his testimony
before the Montana supreme court, be
cause of the numerous scandalous reports
that wore put in circulation about him.
He said. -in reply to questions, that pre
vious to going to Helena he had had a
elifiiculty at Sweet Gras. "A man called
me a bad name," he said, "and I knocked
him down and gave him a thrashing."
Relating to circumstances connected
with his retirement from the Helena
church ministry, he said that many of his
church members -were supporters of Clark
and had been much incensed at his course.
They had also failed to pay his salary.
Is it not -a fact." asked Mr. Faulkner,
"that you were charged by members of
your congregation with embezzlement and
Warren replied in the negative, saying
there had been no official charges. He
proceeded, however, to say that the sto
ries circulated after he had lven his
testimony charged him with drunkenness,
embezzlement and immorality.
In reply to further question, he said he
had not resigned to avoid an investiga
tion. "I was not afraid of an Investiga
tion." he said, "but I felt indlenant. In
deed, I expect to have an investigation
yet a very warm one."
"You have not assaulted any one as you
did at Sweet 'Grass?"
"No, sir; but I am liable to do so be
fore this thing Is over."
Faulkner also brought out the fact that
during his conversation with Clark, War
ren had told him that his church waB In
a bad way; that Clark had promised a
contribution for it as soon as the sena
torial contest was ended, and that Clark
had sent him a check for $100, which he
had appropriated to tho payment of his
own salart because the church was be
hind with him. He added, however, that
he had referred this transaction to the
presiding elder. The witness was then
released and a recess taken.
Edward H. Cooney, a member of the
Montana legislature from Cascade county,
said the entire Cascade delegation had
been elected with the understanding that
it should support Mr. Conrad. Toward
the close of the balloting two of its mem
bers, Messrs. Gillette and Flynn, changed
from Conrad to Clark. He said that E.
2. Butler, who had at one time been con
nected with a newspaper in which Marcus
Daly was interested, prop03Cd that he
vote for Mr. Clark, saying that If he
would do so, Mr. Clark would rehabilitate
the Butte Miner, giving him and Mr. But
ler practical charge of It at $2500 a year
each for five years. Later, Mr. Butler had
urged him to go with him to Charlie
Clark and fix the matter up. He had not
accepted, because he had voted for Con
rad to a finish. He also said that an
other member of the legislature, who had
afterwards changed his vote from Con
rad to Clark, had told him that he under
stood the Clark people were putting mon
ey in the hands of third parties to bo
paid for votes; that such methods would
not get him, but that if he should find a
letter in a room with a large sum of
money In it, It would be hard to get It
away from him.
Mr. Butler testified, when called, to the
conversation which Mr. Cooney had re
lated, saying that he had taken the matter
up with Mr. Cooney in connection with a
proposition he had received from Ross
Clark, a brother of the senator, to take
the business management of the Miner.
He said he had seen Mr. Cooney at the
request of Charley Clark, the senator's
son, but that Mr. Cooney had declined to
enter into the negotiation.
Butte Lawyer's Story.
Z. T. Cason, an attorney at Butte, told
an interesting story, not only of his par
ticipation in the election of Mr. Clark,
but his wanderings since. He first told
how he had been sent for to come to
Helena to use his influence with Repre
sentat.ve Marcyes, of Custer county, and
that when he went there he saw Senator
Clark, who told him he wouid like to have
him see Marcyes and talk with him, and
that Marcyes had not been approached;
that service being left to him (Cason), as
he could handle him better.
"He authorized me to say to him that
he would pay him $10,000 for his vote for
.him (Clark) for the United States sen
ate," said the witness, adding: "He also
said to me that Mr. Wellcome was hand
ling his funds, and would supply me with
expense money. Mr. Clark also said," the
witness went on, " "Since Whiteside has
betrayed us I have very little confidence
In any one, and would like to have you
handle him very "carefully.' "
Continuing, Mr. Cason said he had seen
Mr. Wellcome, who had given him $50 for
expenses, and that afterwards he had seen
Mr. Marcyes several times, and after sat
isfying himself that Marcyes would vote
for Clarke, had so reported to him. He
had not, however, made any suggestion of
a money consideration to Mr. Marcyes.
Afterward, Marcyes had voted for Clark,
and Febraury 4 he had received a letter
from Mr. Clark, enclosing a check for $500
for "professional servces." This letter
was produced and identified, and Mr. Ca
son sa:d that the only services he had
rendered Mr. Clark were In connection
with the senatorial race.
He had testified before the grand jury
in the Wellcome disbarment case, and
after doing so had felt sorry for the part
he had taken in that case, feeling that he
d d not want to come to Washington, to
testify against Mr. Clark, ho had done
him favors. His state of mind ha"d been
communicated to J. B. Root, a law part
ner of Mr. Wellcome, who had sent for
him and asked him to avoid a subpoena
to Washington. He (Cason) had replied
that he would be glad to do so, and that
he would give any assurance of his good
faith, providing no use should be made of
the document except to show It to Mr.
Clark. He then told how Mr. Root had
prepared a lettpr which he (the witness)
had copied and signed, In which he had
said there was no truth in anything he
had testified to In the Wellcome case.
This was put In strong language, and in
the letter he was made to dwell upon the
disgrace he had brought upon himself by
the part he ha7 taken in the matter.
In return for this letter Root had given
him $1503 with wlhch to get out of the
country, Mr. Root promising to hold the
letter as sacred, and only to make it pub
lic in case he (Cason) should come to
Washington. He had then gone to Baker
City, Or., corresponding from there with
Mr. Root under the name of G. Z. Taylor.
He had, however, not been there long
when he saw his recantation in the news
papers. Soon afterwards he had received
a summons to come to Washington, and
had responded, arriving today, only an
hour before he went on the stand.
On cross-examination, Mr. Cason was
asked to, and did, identify a letter he had
written to Albert G. Hall, of Washing
ton, a brother-in-law of Senator Clark,
who had originally Introduced him to the
senator. This letter was dated February
4, last, in which he had thanked Mr. Hall
in profuse terms for hl3 introduction to
Mr. Clark, and spoke of that gentleman
in most eulogistic terms as "one of the
brainy men of the great Northwest, who
would no doubt take high rank in the
United States senate." He had also re
ferred to the charges of bribery, in con
nection with Mr. Clark's election, and
pronounced them false, saying he had
been on the ground, and "that no more
honorable contest for the senate was ever
waged, even in New England states, than
that in which Mr. Clark had made the
fight to a finish." If there had been any
crookedness it was on the other side. Re
plying to questions, he said it was partly
true and false. He had never seen any
bribery, but his opinion was that bribery
was committed. Still this was a "friend
ly letter to Clark's brother-in-law; and It
would not have been wise to make such
a charge to him."
Mr. Cason Identified the recanting letter
he had given to Mr. Root. It covered three
pages of foolscap, and was read by the
vi itness amid roars of laughter by all pres
ent, including the witness himself. This
SPECULAIION WAS SLACKS-S
PAY3IEKTS THROUGH CLEARING
HOUSES LESS THAX A YEAR AGO.
Zllctal Trade Still ' in Good Shape
"Weekly Trade Reviews Bank
NEW YORK, Jan. 19. R. G. Dun & Co.'s
weekly review of trade tomorrow will say:
Whether the new year wilf surpass oi
keep pace with the old is the question
which gives special interest to every
week's returns. Comparing now with busi
ness by far the largest and most prosper
ous ever known a year ago, more than 40
per cent larger than In January, 1828,
which, in its turn, had shown heavier
business than in any preceding year, it
cannot be expected that such a gain will
be repeated. But the decrease of 9.G per
cent In payments through the clearing
houses Is wholly due to great speculative
activity at New York last year, with saiea
of 12,031,832 shares against 6,518,020 to the
same date this year, for payments outside
this city have been 4.3 per cent greater
than a year ago, and greater than in the
same part of any other month.
This week one contract of 10000 tons for
a Western road, and two for bridges re
quiring 11,000 tons, are the only big trans
actions reported in iron products, but heavy
business was secured by concessions for
plates at Pittsburg, going materially be
low $2 25 for bars, and at Philadelphia
below $2 20, the price of the association.
Sheets are also lower at the East, but $1
higher at Pittsburg. Sales of foundry pig,
at reduced prices, Include four for 1000 tons,
and No. 1 Lehigh is quoted at $24, but
Bessemer and grey forge at Pittsburg are
held unchanged. The copper output of this
country, in 1S99, was 252,203 tons, greater by
91,000 tons, or 5lV2 per cent, than in 1893,
while the foreign product last year, S9.240
tons, gained in the four years only 30i32
tons. The prices of copper and lead are
unchanged, with tin higher at 27c.
.Perhaps the most important industrial
event is the marketing of woolen goods at
prices averaging 18.4 per cent higher than
last year, many makes being promptly
sold up and withdrawn, while others sell
so well as to give great encouragement.
As wool quotations average 34.9 per cent
higher than a year ago the rise In goods
la not excessive. But hopes of wool specu
lators for a further rise were dashed by
the fall of 5 per cent In merinos at Lon
don sales, with crossbreds weaker, and
considerable sales at concessions of 1 to
3 cents, followed by one of 300,000 pounds of
Montana at 20 cents, with numerous orders
to sell consignments hitherto held off the
market Sales In three weeks, 14.920.SOO
pounds, have been smaller than in the cor
responding weeks of the three previous
Business In cotton goods begins to in
crease, though in staples It is still mod
erate. The goods now average 29.7 per
cent higher than a year ago, and with
the rise this week to 7.81 cents, cotton Is 1.1
per cent higher. Belief in a short crop has
helped the goods " market, and still sus
tains It, though cotton Is a little lower
than It was two months ago. Shipments
of shoes from the East In execution of old
orders continue larger than in any pre
vious year, 2S0.25S cases in three weeks,
over 23 per cent larger than last year, and
3.8 per cent larger than In 1S98. But new
business does not amount to a quarter of
the current production, It Is said, and In
every line doubt about maintenance of
prices hinders buying.
The market for breadstuffs is not active
nor have changes In prices of elevator
wheat been of any consequence, but the
active May option showa a sharp decline.
Atlantic exports continue far below former
years: in three weeks, 6,093,525 bushels,
against 13,224,082 last year, ard Pacific
exports, in the same weeks, were 2,291,775
against 1,853,994 last year. Western re
ceipts were, in three weeks, only 8,632,132,
aga'nst 13,005,482 last year.
Failures for the week have been 242 in
the United States, against 248 last year,
and 40 In Canada, against 32 last year.
trade in seasonable goods has been
being affected by phenomenally
mild winter weather, but wherever sprins
trade, particularly In dry goods, has been
developed. It has been In such volume and
accompanied by such readiness of accept
ance of advanced prices as to point to un
diminished confidence on the part of the
trade world as to the outlook for spring
The iron and steel industry, justly re
garded as a trustworthy index of general
trade, is still actively employed on old
orders, and new business Is limited for
reasons unnecessary to recapitulate. It is
evident the few reactions In prices shown
in such an ordinarily dull period as this
have strengthened rather than lessened
confidence In the future. Signs of prep
aration for the coming season's needs are
shown in the reported active inquiry for
steel rails at the West, recent sales at
Chicago aggregating 0,000 tons, some of
which are for Northwestern railroads and
some for export. Production Is as evi
dently hard pushed as ever, and the ques
tion of fuel supplies rather than of new
orders engrosses manufacturers' atten
tion. Some concessions In foundry lines
are noted, but, aside from this, price
changes are within, very narrow limits.
The other metals are rather stronger,
copper and tin being weak, the latter in
sympathy with advances abroad. Spring
trade in hardware is opening well, and ad
vances In prices are generally reported.
Cereals are dull in nearly all directions,
and the pressure of enlarged stocks, par
ticularly abroad, has been Influential this
week in bringing about a reaction in
prices. Qorn and oats, however, are
rather firmer on foreign buying, though
sympathetically affected by the decline
in the leading cereals. Coffee is active,
speculation being influenced by higher
European advices and advice of a large
Apparently improved British prospects
In South Africa are assigned as the reason
for the better buying of cotton, resulting
in a fractional advance this week. The
crop movement still continues much
smaller than expected by the bears. Cot
ton goods are meeting with good idemand
on spring account, concessions at second
hands are reported, owing mainly to
backward deliveries now arriving, and be
ing resold by receivers.
Rather more inquiry is noted for wool,
particularly at Boston, and men's wear
sales for next fall meet good patronage,
notwithstanding the advances demanded.
Fine wools are at about the highest pom:
reached in 20 years.
Lumber is strong, particularly white
plno grades, partly because of smaller
stocks, and a.J)Oj-!slbJy smaller cut In the
Northwest, as a result of lack of snow,"
and partly because of a hopeful feeling as
to the building outlook for the coming
Wheat, including flour, shipments for
the week aggregate 3,061,026 bushels,
against 4,248,926 bushels last week, 5,198,
671 bushels in the corresponding week of
1899, 3,726,064 bushels In 182S, and 2,916.706
bushels In 1897. Since July 1 this season
the exports of wheat aggregate 113,803,
831 bushels, against 19,234,719 bushels last
Business failures In the United States
are fewer In number, being 255 for the
week, as compared with 295 last week.
Business failures In Canada for the week
number 35, as compared with 28 last week.
,)VK l -
People who suffer after eating, feeling op
pressed with a sensation of fullness and heaviness,
and who frequently find the food both to distend and
painfully hang like a heavy weight at the pit of the
stomach, or wlio have Biliousness, Nausea, Flatulency,
Headache, and Constipation, should use Warner's Safe
Cure after meals to avoid these unpleasant consequences
of inefficient Digestion.
By mixing with the food in the stomach and
helping to digest it, by exciting a flow of the gastric
juice on the food, and by strengthening and invigorating
the circulation, and soothing and removing any kidney
weakness, the physical and nerve forces of the body
are augmented, and the general health and strength
permanently built up.
Twenty years- one-third of life's .allotted
span this medicine has been a household favorite for
all forms of Kidney Disease, and all stages of Biliary
Troubles. You mate no experiment, or mistake, in
using a medicine endorsed by every civilized country.
Delays are expensive. Begin today.
NEW YORK, Jan. 19. The following ta
ble, compiled by Bradstreet, shows the
bank clearings at principal cities for the
week ended January 18, with the percent
age of Increase and decrease, as com
pared with the corresponding week last
New York $1,042,719,000
28, t d,000
.Kansas city juj,14,ooo
Baltimoie .. ..
MOXEY IS EASIER.
Call Loan Rates Back to Lovr Rates
and Funds Increasing:.
NEW YORK, Jan. 19. Bradstreet's
financial rev.ew tomorrow will say:
Money has become decidedly easier th's
week. Call loan rates are now back to a
lower average than at any time since the
early autumn. Supplies of funds available
for the purposes of Wall street are in
creasing, and lenders not only show a re
newed disposition to put out their money
on time at about 55 per cent, but are
also much less cr.tical as to the character
and quality of the collateral offered.
The general easing off of rates for money
In the London and Continental markets
has also relieved the situation here by re
moving the matter of immediate gold ex
ports. In short, the conditions which
were mainly responsible for the disor
ganization of the speculative markets in
December have undergone a dee'ded
change for the better. Nevertheless the
ability to carry stocks once more on com
paratively easy terms has not had It3 ex
pected effect in reviving speculative In
terest and activity.
Transactions have dwindled, and on sev
eral days this week the dealings were so
limited and the tone of the market so ut
terly perfunctory as to suggest a compar
ison with the dullness of midsummer. The
public Is evidently doing little or nothing
and commission-houses report a dearth of
orders, except so far as investors are -once
more coming into the market, and pick-
Ing up bonds or dividend-paying railroad
stocks and preferred industrials. This
latter movement has naturally assumed
some dimensions, as rates for money have
declined, though there is no very intense
demand from the above source. The pro
fessionals in the absence of the public
have found little opportunity to indulge in
any serious speculative dimensions, and
their activity has been limited to a few
stocks in which board-room traders have
produced the only extreme fluctuations
Speculation, in short, seems to be waiting,
and the general feeling is that the factor
on which Its course depends is the outcome
of the military operations In South Afri
ca, or rather the way in which the London
market will be affected by the next Im
portant developments from that quarter.
The market to all appearances demon
strated the degree of its strength in the
manner in which prices here developed on
the news that the British forces had taken
a more advantageous strategic position,
although the slight Improvement which
followed In the London market did not
develop any particular foreign buyihg of
It seems, however, that the public have
come to the conclusion that should the
.Boers inflict any further
laughter being due to the abject character on the British army it would be followed
oi tne language usee
"Do you pretend to say that when you
wrote that letter you knew it was not
true?" said Mr. Faulkner.
'"Why, certainly," responded the witness,
"Then you confess here to have written
and signed three pages of lies in. that
letter?" said Mr. Faulkner.
In his reply the witness gave the second
unique definition of a lie that the hearlns
has brought out.
"No, I do not," he replied. "I confess
to writing tho letter, but I don't think any
statement is ever a lie which Is made with
the understanding that it Is false."
At this pomt the cross-examination was
postponed until tomorrow, and the com
An Actor's AsHOCiatlon.
New York Tribune.
A scheme for the selection, registration
and training of actors is said to be under
serious consideration in London. Members
of the Actors' Association will be enti
tled to use the letters "F. A. A.," signi
fying "Fellow of tho Actors Association,"
after their names.
by a severe disturbance In values at Lon
don and on the Continent, while develop
ments calculated to encourage a bel ef Id
the early termination of the South Afri
can struggle might cause an advance, or
at any rate, afford a basis on which largi
interests would feel It was safe to wo-;
actively for higher prices.
General Demand Ib Larjre for the
Season of the Year.
NEW YORK, Jan. 19. Bradstreet's to
morrow will say:
General trade and prices as a whole
maintain the even balance which has been
the leading feature for some time past, and
It will require the advent of distinctly
new features to effect any basic changes.
General demand Is large for this season
of the year, but speculation Is quiet to
the extreme of dullness In some lines, and
especially in those branches of speculation
which go to radically affect financial af
fairs, and therefore the volume of bank
clearings. Close examination of leading
lines of Industry fails to show marked
unfavorable features. It is true that re-
asmngton .. ..,
bait Lake City...,
Dayton, O. .......
Sioux: City .........
Springfield, O. ...
fcargo, N. D
Sioux Falls, S. D.
Springfield, 111. ...
Saginaw .. ........
Totals, U. S $1,718,116,000
Outside New York 675,397,000
Dominion of Canada
Monti eal .$ 14,570,000
St. John, N. B....
1.4 J 1,00
1,15 1, 000
A SUGGESTIVE INQUIRY.
Should the Q,nay Case Be Taken Into
Cushmnn in Congress.
On the opening day of the session of the
5.6th congress, a tall, gaunt man, sham
bling of gait, with arms which reached al
most to his knees, with "high-water"
trousers, a Slouched hat, mashed in any
old way, and an oveicoat that needed
brushing, presented himself at the center
door of the house of representatives. He
started to walk Tight In, but was suddenly
stopped by one of the dcorkecpero, who
said to him, testily:
"Say, don't you know you can't go In
"No, I didn't know it, my friend; 3
thought I could," he said, mildly.
"Nobody but members allowed in today."
"Well, I'm a member; Congressman
Cushman, of Washington."
"Oh! I beg your pardon; walk right In."
As Mr.' Cushman strode Into the hall the
astonished doorkeeper looked after him for
a moment, and then, turning to his assist
ant on the door, said:
'Say, Bill, did you see that? Well, after
that, I ain't got the nerve, to stop any
thing." a o
If you wake in the morning with a bit
ter taste in the mouth, coated tongue,
perhaps headache, your liver is torpid.
You need Carter's Little Liver Pills.
Philadelphia Public Ledger.
Ari article suggesting how unauthorized
gubernatorial appointments to the United
States senate may be attacked in the
courts appears in the current number of
the American Law Register. The article
bears upon the Quay case, andwhetner the
position taken by the writer, Mr. Reginald
H. Innes, be tenable or not under the con
stitution, the article Is an Interesting -contribution
to the pending discussion of the
case. It is urged that the federal supreme
court construes the constitution, and that
until its decision has been rendered upon
any clause "It remains, strictly speaking.
undefined." The clause "each house
shall be the judge of the election, returns
and qualifications of its own members" is
one of the judicially undefined clauses,
and the writer proceeds to discuss what
the court's construction of that clause
might be. It Is pointed out that the con
stitution does not expressly provide that
tba senate shall be the judge of the "ap
pointment" of Its members, and, therefore,
the question Is raised whether the power
of the senate to pass upon appointments
to the body is implied in the term "quali
fications." Mr. Innes holds that in its
bropdest sense the word "election" can
not mean appointment, the same section In
which the word occurs declaring that In
one event the executive of the state may
make temporary appointments. The dis
tinction is noted thus:
"An election is a choice by the legisla
ture representing the peoplo, and an ap
pointment Is merely a nomination by the
executive as a matter of convenience. The
word 'returns' used In connection with
elections, refers to the formalities accom
panying and succeeding the actual elec
tion. The word 'qualifications' refers to
personal requirements. To quote from
the Federalist, No. 62, "The qualifications
proposed for senatCTs, as distinguished
from those of representatives, consist in a
more advanced age and a longer period of
After reciting the facts of the Quay
case, Mr. Innes suggests that it is not un
reasonable to believe that while the con
stitution gave governors the power to
make personal appointments to the sen
ate. Its makers Intended to Drotect tho
citizens against the abuse of tho power
by leaving in their hands "every avail
able instrument of restraint, and accom
plished their purpose by refraining from
making the senate the judge of the ap
pointment of its members."
Mr. Innes argues that a contested ap
pointment to the senate is purely a ques
tion of law, and that where a contro
versy Involves nothing but legal principles
jurisdiction over it should not be taken
from the courts. For reasons named
there has been no opportunity presented
for the possible application of the sug
gested available remedy to set aside an
unlawful senatorial appointment by the
governor the action of the federal courts.
By the terms of the constitution declar
ing that the judicial power shall extend
to all cases in law and equity, and of the
act of congress of February 27, 1SC1, giv
ing the courts of the District of Colum
bia common law powers and the powers
vested in the circuit courts of the United
States, it is suggested that Information
in the nature of quo warranto proceed
ings might be instituted in the supreme
court of the District of Columbia by the
United States through its proper officer
against one occupying a seat in the United
Spates senate by virtue of "an unconstitu
tional appointment. Mr. Innes concludes
"If It be true that the exclusive power
to pass upon appointments to Its body
was withheld from the senate because
that power could not be taken from the
people, It follows that the people are en
titled to a remedy In the case before us,
and the acts of congress will be con
strued In a manner to afford that rem
edy, If such construction is in harmony
with the language of those acts.
"In conclusion it might be added that
there have been some suggestions in cur
rent literature that the one remedy for
unauthorized gubernatorial appointments,
If confirmed by the benate, lies In an
amendment to the constitution. It is this
suggestion that has influenced the writer
to offer a counter one."
equipment of field and mountain batteries,
including even the wheels and guns them
selves, painted khaki. This was a strlk-
beth, had such tremendous forces been
arrayed against England; never had her
rulers to deal with so many simultaneous
lng change from the dark color they had I difficulties, foreign and domestic.
previously been painted, and which pre
sented sucn a, contrast to the usual sur
roundings of an Indian landscape. The
rage for khaki at that time was so gen
eral that some wit proposed that all
horses should be painted khaki before be
ing sent on service. An excellent Idea,
but unfortunately unpractical till some
one can manage perhaps to breed out a
THE RUNNING RACES.
Yesterday's Winner r.t Neiv Orleans
NEW ORLEANS, Jan. 19. The results
Selling, six furlongs Judge Wardell
won, Josephine B. second, Watercrest
third; time, 1:10.
Selling, seven furlongs Oration won,
Trust Me second, Leila Smith third; time,
Selling, ono mile Blue Lick won. Sister
Fox second, Clara Meador third; time,
Selling, six furlongs Tom Collins won,
Agitator second, David third; trme, 1:13.
Six furlongs Lord Neville won, George
B. Cox second. Lexington Pirate third;
Selling, 1 miles Frangible won, Phal
las second, TIckful third; time, 2:02.
Pitt and his colleagues might well have
lost their nerve at the prospect which
faced them, when they heard that a na
val rebellion at the mouth of the Thames
had been added to their perplexities.
"Everything," as a historian of the period
says, "seemed to be failing at once. Their
armies had been defeated, the bank had
suspended payment, and now th fleet, the
pride and glory of England, appeared on
the point of deserting the national eolors."
The three per cents, which had. stood at
93 seven years before, had fallen, to 46.
Tho great edifice of British crttt was In
danger of collapsing.
aiodels for Royalty
European artists consider royal persons
"poor models"; that is to say. In painting
them they find It difficult to obtain the
necessary sittings. Too often the paint-
J er has to rely on his memory, but some-
times he has recourse to the original's
j double. Such doubles are said to be less
j scarce than one would suppose. A cer
j tain cannoneer in the British navy has
i repeatedly given sittings for pictures of
Czar Nicholas II.
Rnces r.t Tanforan.
SAN FRANCISCO, Jan. 19. Tho i
weather at Tanforan was fine and the
track fast. The results were:
Three furlongs, selling, 2-year-olds So
fala won, Rathgar second, Moonbrlght
third; .time, 0:35.
Five furlongs, selling TIzon won. Gold
Baron second, Orion third; time. 1:004.
une mile, selling facade won, Grand in TA2LET FORM-PLEASANT TO TAXS.
Sachem second, Tom. Cromwell third; Gives epecdyrollof.pven In tho most stnbborn cases.
time, 1:42. ' S1.0O procures a Six Month' Treatment vllhanlron-
ATHa nnri in nir-htv, hnwiio aftliil cladpuarantco tocure. AV Unt more could xoa na
iuue ana an eigntn, nuraie, semng i a .irm-nif n h,iq r-.it im.( n-i,i lot mmhiiM
Majors won, Monlta second, Lomo third;
Selling, one mile The 'Lady won, Merry
Boy second, Catastrophe third; time,
Seven furlongs Norford won, Owyhee
second, Afghan third; time, 1:28.
ST. LOUIS, Jan. 19. John J. Flynn and
James Thompson, charged with bookmak
Ing, in violation of the breeders' law,
were tcied. before Judge Clarke today and
convicted. Each man was fined $1000 and
int onr dork Ufa.
Whlto in .London. Enclond. I contracted
n. eovora cold. somotatnr like LaQrlDDO.
It effected my hoarlntr and entire system
for olRhteon months. A sit months'
treatment or tne vogeswiD uompouaa
K. s .ineJtson,
Grind Hotel, Boston, Ma3.
ForealebyallGrnKEists. Thirty dayi treatment
for 25c : feovor.- days' treatment 50c. : 9lr months'
h-ontmp.L SI. 03. Ill da til' t-lal treatment trt&.
2JR. Y . H. JJ'P.XSi.UAJET, CtnoJanau, a
DARK HOUR FOR ENGLAND.
Mutinies at Most Critical Periods in
Her Modern History.
Khaki for Uniforms.
I think it was in the year IBSj that Lord
Roberts, who had just taken over the
office of commander-in-chief In India, took
up the question of khaki in the same ener
getic manner In which he went into every
military question. He was early convinced
of the suitability of this color for uni
forms in the field, and he went further
ho issued an oidcr to have the whole
Sidney Lowe in The Fortnightly.
Theie was a very dark day on "black
Frida," 1745, when the Young Pretender,
with the Highland clansmen, was at Der
by, with nothing between him and London
but Cumberland's half-organized, half
hearted force at Finqhicy, and when a
French Invasion, supported by a great
Jacobite rising all over England, appeared
Imminent. Again, there were some gloomy
days in the autumn of 17S1, when Eng
land, badly worsted on land by the Amer
ican colonists, had temporarily lost the
command of the sea, and was opposed
to a coalition of the maritime states of the
world. She had the three great navies of
the continent those of France, Spain and
Holland against her, at the same time
that the Northern powers, with Russia
at their head, had constituted the armed
neutrality, which was mainly intended to
hamper and limit the British naval opera
tions. While Cornwallls was playing out
the last scene of the losing military drama
In Virginia, the fleets of England for once
found themselves unable to face the
enemy. In spite of Rodney's capture of '
St. Eustatia, the allies under De Grasse
were too strong for us In the West In
dies, and in the European waters we were
so weak that we could do nothing to avert
the surrender of Minorca, the gem of the
Mediterranean. Suffren had baffled us in
the Indian ocean, and even In the chan
nel and the North sea. after Hyde Park
er's Indecisive action off the Doggerbank,
wo could barely hold our own. and had
to- endure the humiliation of a French at- I
tack on Jersey. Eut the worst of all our '
bad moments was assuredly that which
came upon us In the spring of 1797. when
to many other misfortunes and anxieties
there was added the appalling news of
the mutinies at Splthead and the Nore.
Lord Rosebery, In a recent speech, has
called this period the most critical in
the whole modern history of Great Brit
ain, and the estimate does not seem ex
cessive. Never, certainly, sinco the age of Eliza-
Demands a certain supply of natural Elec
tricity If this is denied her. she cannot
give to the general organism the power
to perform the natural functions. When
vicious practices deprive her of her rights.
weakness and debility of the organs re
sult. ONLY GIVE HER A CHANCE
To recuperate by applying new Hfe to the
body in the shape of my Dr. Sartden Elec
tric Beit, which cured 69C0 sufferers test
year, and you will be restored.
Call or write for "Three Claseoa of
DR. A. T. SANDEiN
Russel Bldg., Cor. Fourth and Morrison Sb.
Office Hours: 8 to 0. Sundays, 0 to 1.