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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 24, 1900)
THE MOEHING ' QJJEGONIAH, WEDNESDAY, JANUAHY 24, 1000. URNER AND ROSS Another Day of Philippine Speeches in the Senate. TURNER CONCLUDED HIS ADDRESS JUcBncry Spoke on the Ence Qnchtlon in the South Caffery Called for Correspondence. WASHINGTON, Jan. 23. Again today the senate's session was devoted entirely to speeohm&klng. Turner of Washington concluded his address upon the Philippine question. He was followed by Ross of "Vermont -with a thoughtful and carefully prepared speech, in which he also discussed the Philippine question in connection with resolutions which he had offered. Ills presentation of the question was given thoughtful attention by his colleagues. McEnery of Louisiana delivered the con cluding speech of the session on the race question in the South, fie took strong grounds in support of the constitution of .Louisiana, and of the proposed amendment to the constitution of North Carolina, which it is alleged will disfranchise a large class of voters. The Proceeding's. When the senate opened, Kyle (ind., 5. D.) offered and secured the adoption of a resolution directing the xjommlssloner ol labor to investigate the effect upon labor, production and wages of the International copyright act, and report to the senate. Pettigrew (sil. S. D.) offered a resolution calling upon the president to send to the senate the report of General J. C. Bates relating to the treaty with the sultan of Sulu. The resolution asked the salaries to he paid the sultan and his officials, from what fund they are to be paid, what ser vices the officials performed, and whether these officers are under the civil service. Objection was made and tlie resolution went over. Caffery (dem. X.a.) then presented three resolutions calling upon the president for the correspondence with Great Britain concerning the Clayton-Bulwer treaty, the correspondence with the Colombian gov ernment as to the Panama canal, and the correspondence with toe new Panama Canal Company, of France. The resolu tions were adopted. The resolution offered yesterday by Al len (pop. Neb.), calling upon the secretary of the treasury for the correspondence and the substance of all the verbal communi cations which he has had with officials of the National City bank, of New York, concerning the transfer of the old custom house to the National City bank, was adopted. Turner (fus.. Wash.) concluded hla speech on the Philippine question, begun yesterday, and then Koss (rep., Vt) ad dressed the senate on the Philippine ques tion. After some routine business, McEnery (dem., Ia.) addressed the senate. While McEnery was speaking he was interrupted toy Butler (pop., N. C), who inquired whether 3cBnery, when the amendment to "the Louisiana constitution, similar to that now pending in North Carolina, was under consideration, did not pronounce it unconstitutional. McEnery replied that he had pronounced It unconstitutional, but, inasmuch as It was adopted, he had said that he would support it in the senate. He felt it his duty to his constituents to do so, and he would always be found supporting the laws and constitution of both his state and his country. Referring to the Filipino Insur rection in this connection, he said: "'I don't stop to inquire now whether my country in the Philippines is right or not; I -don'-t .inquire., who. .fired .the first shet which precipitated hostilities. It is enough for me to know that my government has been assailed, and I will uphold its hands until its enemies are brought into sub jection." Butler then read copies of letters writ ten by McEnery in which he declared the amendment to the Louisiana constitution was "grossly unconstitutional, and that it was so regarded by the ablest constitu tional lawyers in the senate." When McEnery had concluded, Tillman (dem., S. C.) called up a hill to revive and amend an act to provide for the col lection of abandoned property, and the prevention of frauds In insurrectionary districts within the United States. Till man asked Davis (rep., Minn.) to make an explanation of the measure. Davis said the claims were not only just but it was the bounden duty of congress to provide lor their payment. In answer to an inquiry from Hale (rep., Me.), Davis replied that the claims cov ered captured and abandoned cotton. Hale said: "Why, that will amount to 590,000,000 or 5100,000,000." To this Davis dissented, saying that un der court decisions the claims for captured and abandoned cotton would aggregate about $9,000,000. This money was In the treasury and had been held by the United States for 20 years for those to whom the courts had adjudged it to belong. Davis said the payment of the claims was as clear an act of justice as ever was pre sented. "The bill is not," said he, "'a sluiceway for the payment of all the claims which have been referred to by Mr. Hale." The bill was objected to, and It went over. The senate then, at 4:45 P. M., went Into executive session, and at 5:30 adjourned. THE UTAH APPOIXT3IEXTS. Investigation' by House Committee Into tlie Charges ot Polygrniny. WASHINGTON, Jan. 23. Tbe investiga tion directed by the bouse concerning charges that certain federal appointees in "Utah were polygamlsts at the time of their appointment, was resumed today by the bouse committee on postoffices and post roads. General Bristow, fourth assistant postmaster-general, submitted a petition In the case of Orson Smith, postmaster at Logan, Utah, dated at Logan,- December 6, 1S97, and directed to the -president. It states that Smith is "not a fit person to bold this position or any position under the government of the United States, be cause be is an eccleslast of the Mormon church, holding bigh office in that church." It also specifies the alleged polyg amous status of the appointee. This peti tion, it was explained, was received and briefed in the usual way, but no atten tion was directed to It until tbe recent agi tation occurred. General Bristow said tbere were other papers relating to Utah, containing private and political matters which it was desired to submit to the com mittee in executive session. A sub committee -was appointed to go over the papers in executive session. H. A. Drury, chief of a section in the postofflce department handling matters re lating to Utah, stated that he bad no recollection of the petition, and knew Tiothing of the polygamous charges until attention had recently been directed to them. The petition was not called to the attention of tbe postmaster-general or the president. After discussing the scope of the Investi gation, the committee decided to have Chairman Loud ascertain whether Indict ments had been found aga,nst the ap pointees said to be polygamlsts, on the ground ol their polygamy. The inquiry will be resumed at the call of the chair man. PACIFIC CABLD PROJECT. Captain Sqnier and Governor Brady Before the House Committee. WASHINGTON, Jan. 23. The question of a government cable across -the Pacific was considered today by the house com-' mittee on interstate and foreign commerce A large number of government officials were present. Including -Captain O. G. Squler, acting chief of the signal service, and Governor Brady, of Alaska, who wishes to bave the Alaskan route for a cable fully considered. Captain Squler said, there was np longer any doubt as to the practicability of the Pacific cable from a technical and engineering point of view, and he gave the aetalls of the routes, viz.: That via Midway island be'ng 7553 miles, and that via Wake Island 7422. Either of these routes, be said, was equal, If not superior, to the British route via Fanning island. Ordnance Board Reorganized. - WASHINGTON,' 'Jan. 23. The secretary of war issued an order today almost en tirely reorganizing the board of ordnance. General Miles, who Is ex-offlclo chairman, is the only member -of the former board retained. The new members are: Brigadier General John M. Wilson, chief of en gineers; Brigadier-General W. R. Bufllng ton, chief f ordnance; Colond John I. Rogers, of the Fifth artillery, and Thomas J. Henderson, of Illinois. Mr. Henderson, who Is the only civilian on the board, succeeds Thomas J. Out waite, of Ohio. The military members of" the board who have been relieved from further services are Colonel R. T. Frank, formerly of the First artillery, retired; Gaptaln Charles B. Wheelen of the- ord nance department, and Captain Josepb E. ELuhl, corps of engineers. It is said that there Is no special sig nificance in the action of the secretary of war in this matter beyond a desire to recognize the supreme importance of the board which is charged with the duty of protecting our extensive sea coast from foreign attack, and to Include in its mem bership the best military talent possible under existing conditions of the service. Presidential A'ominntions. WASHINGTON, Jan. 23. The president today sent the following nominations to the senate: Navy Lieutenant-commanders to be commanders: William W. Kimball, Will iam P. Day, J. C. Wilson. Lieutenants, to be lieutenant-commanders: William S. Hogg, Robert I. Reed. Passed Assistant Surgeon Hatton N. T. Harris to be sur geon. Marine corps Lieutenant-Colonel Henry -C. Cochrane, to be colonel; Major Allen C. Kelton, to be a lieutenant-colonel; Cap tain Lincoln Karmany, to be a major. What the State Department Spent. WASHINGTON, Jan. 23. The president has sent to the senate, in response to a resolution of Inquiry, a report from Sec retary Hay as to the portion of the 50, 000,000 defense appropriation -expended by the state department. The 'total amount was $493,860, the principal Items being: Paris peace commission ?155,162 Philippine commission 126,420 Transportation of destitute refugees from Cuba and Puerto Rico 14,810 Pay of special agents 10,328 Cablegrams 8,624 The Saraoan De-hnte. WASHINGTON, Jan. 23. The senate in executive session today discussed the Samoan treaty on the basis of the motion of Senator Jones, of Arkansas, to recon sider the vote by which the treaty was ratified. Speeches were made In support of the motion to reconsider by Senators Jones, Pettigrew, Allen and Money, and In opposition by Senators Davis and For aker. At the conclusion of the debate a vote was ordered, but a roll-call disclosed the absence of a quorum. The call of the roll showed 11 for and 22 against. A SENSIBLE VIEW. What "Would Occur in Case of Either British or Boer Failure. St. Paul Pioneer-Press. There Is not a Boer, who will not, un der English rule, be as free as he is to day, within the limits of common justice. He will not be free to send his policemen into a private house without a warrant and shoot down its owner when he offers resistance. He will not be free to deny to Jews and Catholics and every one who is not a professor of the Dutch Reformed religion, the rights of suffrage and of citizenship; he will not be free to force upon the outlander within his border taxation , without representation, nor to deny to those who desire It common, sani tary protection. He will have just as much voice In the conduct of his govern ment as the Cape Dutch have today, and it is not at all impossible that, like the Cape Dutch, he will name one of his own race as prime minister of the colony. It is even possible that the two Boer repub lics will be granted autonomy, conditioned only on the guarantee of Anglo-Saxon lib erty to those within their borders. British failure In South Africa would mean a serious blow to British prestige as an international factor. It would mean the rapid disintegration of the British empire and the reduction of England to the position of Italy, a second-rate power, without influence, except as a make weight on one side or the other of the European balance. If It is not clear how even this would concern the United States, it may be profitable to imagine what would have occurred if the "Continental jealousy of this country had not found In England a passive but determined obsta cle to their scbemepf Intervention In the Spanish war. After all our talk and noise about freeing Cuba, we should have been either subjected to the humiliation of withdrawal or have been compelled to wage an Interminable war with all Eu rope. And the situation In 189S is likely to recur at any time. The Continent is even more Jealous of our influence and power than It ever was. !0 THE PHILIPPINE WAR. Otis' Report of Casualties. WASHINGTON, Jan. 23. The following list of casualties was received today at the war department from General Otis, under date of January 21. from Manila: Deaths "Variola, December 28, John Goodllng, Thirteenth infantry; December 31, Everett Barker; January 13, William B. SIsk, Thirty-third infantry; dysentery, January 12, John C. Bottorf, Twenty third infantry; January 11, William Brady, Ninth Infantry; January 16, James Ross, Thirty-fifth infantry; January 17, William McQuade, sergeant Third artil lery; chronic diarrhoea, January 14, Frank House, Fourth Infantry; January 15, George G. Atwood, Twenty-fifth Infantry. Wounds in action January 12, Peter Madden, Fourth cavalry; January 18, Charles Slgleman, Eleventh cavalry. Found "in Rio Agno Bautlsta, Luzon, covered with incised wounds, January 6, Joseph Crispl, .musician, Seventh Infantry. Tuberculosis, January 16, Robert llills, corporal, Eleventh cavalry; pneumonia, January 17, Walter Harris, Fortieth in fantry: gunshot, accidental, January 12, Clarence Barkla, corporal Twenty-seventh Infantry. Transnprt Thomas Due This Week. SAN FRANCISCO. Jan. -23. The trans port Thomas, which bas on . board the bodies of Ma jor-General Lawton and Major John A. Logan, jr., Is expected to arrive from the Philippines next Thursday or Friday." Mrs. Lawton Is accompanying the remains of her husband, whlcb are to be burled with honors In Arlington ceme tery. Major Logan's body Is to be burled at Tpungstown, O., the home Qf his wife and her family. Under orders from the secretary of war, Major-General Shatter and a 'squad of soldiers will escort Gen eral Lawton's remains East. Pay for Troops In the Philippines. SAN FRANCISCO. Jan. 23. The trans port Pennsylvania, which Is under orders to sail from this port January 25, will carry fund& .for paying off 'the United States troops now in tho Philippines. Ma jor William Gomegys. paymaster. -United states army is assigned the duty of act- ing as custodian of this fund, which -will 1 !mmmt tn -iTnitf 1 9rt IWI - I - .-- vw u-xuttt f,wv,vi:ii, LETTERS OF READ AT TJHE . HEARING -,OF t,TB03 CLARK CASE. In Several o Tlieni He Pressed tlie Montana Senator, far Pay for, Serviqes. Rendered. WASHINGTON, Jan. 23. The senate committee on privileges and elections to day adjourned over until Monday in Its investigations of the charges of Senator Clark, of Montana. Witnesses for the prosecution were absent, and Senator Faulkner, for the defense, Indicated a de sire that none of those who are to be called 'as witnesses on that side testify until the prosecution had' completed Its case While no positive statement was made to this effect, the committee indi cated quite positively that the Clark wit nesses might be called by the prosecution after Monday. The principal witnesses today were Mr. Ectdr, recalled, and State Representative Fine. Tbe latter, though a friend "of Mr. Clark, gave testimony from which the prosecution evidently derived much satis faction. He said that he had received about $5000 from Mr. Clark since the ad journment of the legislature in working up testimony looking to the disbarment of Senator Clark's namesake, State Sena tor Clark, of Madison county, Montana, who voted in opposition to the senator. The day's session was opened by the reading of a dispatch from Columbus, O., saying that the absent witness, Murphy, had been In that city last week. In reply to Inquiries, Faulkner and Hartman both said they knew nothing as to thj where abouts of Murphy. The presentation of the Ector letters was not accomplished without a tilt be tween the two ex-senators, Edmunds and Faulkner, who are engaged as counsel on the two 'sides of the controversy. "Faulk ner stated that two 'of the letters had failed to arrive in the package first re ceived from Butte, but that he had wired Root to make a search for them, and if they could be found, to forward them. Edmunds wanted to know who Root was, and said, so far as appeared here, the postmaster or the street inspector of Butte might as well be asked to supply letters. Had Mr. Faulkner opened the letters? Mr. Faulkner replied that he had not opened them, but that all the letters bear ing on the investigation were there. Charles W. Clark substantiated Mr. Faulkner's statement, saying that all the Ector letters received weFe here, and' the letters were then read. There were five or six of them addressed to Mr. Blckford and four to Clark. All were identified by Mr. Ector, who was again placed on the stand. There were only two letters dated prior to the November election of 1898. They were dated at Stephensvllle, and related to the contest. In these he stated that the oppo sition to Mr. Woods, the candidate for the house, that he was supporting, were work ing "like fury," and that the Clark men "need some encouragement." "To make a thorough canvass of the 2000 voters "of the county requires the stuff," ho said, and he added that he wanted at least $500. The next two letters of date, respec tively, November 17 and 21, just after the legislative election, referred to the efforts of Woods and the opposition to get him. He told of Woods' debts and said he had agreed to be bound by whatever he did in the premises. The latter letters from De cember 7, 1S98, to October 31, 1899, related almost entirely to Mr. Ector's efforts to collect what he thought was due to him for his efforts in Senator Clark's behalf. In December, he wrote Mr. Clark saying he did not know to whom he must apply for his dues. "Of course," he said, "I am after what there is In It for me." March 1 he wrote Mr. Bickford asking him about the 10 per centum of his (Bick ford'sreceipts fronfCTark; which he (Ec tor) considered he was to haye. Ifrwas also in March that he wrote his second letter to Mr. Clark. In this letter he .re viewed at length his efforts In Clark's be half, expressing his continued loyalty to Clark and his determined opposition to Dalylsm. "If you strike while the iron is hot," h.e wrote, "you can stampede the Irish king." He also said in this letter that two of Daly's men bad promised $5000 to him during the senatorial contest for Information as to Clark's movements, but that he had refused to entertain the offer. In the following June he wrote to Mr. Blckford, saying that he, had come to the conclusion that it was useless to depend upon receiving anything through Bickford. He had, he said, another opportunity to make a stake, and he did not propose to let that opportunity go by, as he, had the opportunity which had presented itself in the winter before. The last letter of he series was dated October 31 last, and was addressed to Mr. Clark. In this letter he asked If he was to expect anything. In the letters he pleaded poverty and debt as the controll ing reason for the pressure he was trying to bring to bear upon Mr. Clark. On cross-examination, Ector said that Woods had been an original Clark man, and that he would probably have remained so unless corrupt means were used on tho other side. He had thought it possible that Woods might bo controlled by getting possession of the mortgage. "I told Bick ford that the best plan was to pay Off the mortgage, and then he would have strings on him and thus have him solid." He had told Woods that he could get enough money out of Clark to pay his debts, but he had declined to enter Into the deal. Ho had never had any authority to dispose of his vote. In one of his letters he had referred to some one as "an incubus." "To whom did you refer?" asked Faulk ner. "To Marcus Daly," came the reply promptly. In another letter he had expressed the opinion that it was important that Clark should see Woods first, but he said his purpose in this was simply to "bring Clark to time." In reply to a question as to whether ho had been promised anything for coming to Washington to testify in this case, Ec tor said that Receiver Ranft, of the Mis soula land office, had advanced him $100, taking an order upon the committee. "In one of your letters you speak of having received an offer of $5000 frdm tho opposition to Mr. Clark," said Mr. Bier- ney, on redirect examination. "Was that a fact?" "No, sir," responded the witness. "That was a bluff." Mr. Ector was then excused, and the committee took a recess until 3 o'clock. State Senator J. R. McKay, republican, from Custer -county, Mont., .said hewas one of the four republicans of- the legis lature who had refused to vote for Clark. He said tho announcement of the Inten tion of the republicans to change their votes to Clark was not made until the last republican caucus prior to the elec tion of United States senator. There was very little said at this caucus, and after tbe 10 men withdrew the four remained, deciding to continue to vote for a repub lican. He said he had been approached once or twice, and asked to vote for Clark: Among thoso 'who had come to see him was Senator Phillpps, who said he could get $15,000 for his vote. He had declined to enter into an agreement of the kind. The next witness was B. J. Fine, a demo cratic member of the legislature from, Madison county, who said he had been a friend of Senator Clark for many "years, and had been one of his active supporters In the campaign for the senate. Mr. Campbell subjected the witness to a very searching Investigation. He first inquired as to Mr. Fine's financial condition prior to tho election. He had had enough to live on, and thought his cash amounted to about $300 or $500.- His" business was then, as now, that of a mining operator? Upon starting to Helena' to 'attend "the session 0f the legislature he had deposited S300 or 5400 for his daughter. TTr find sfnp thnt X. time deposited more money in the bonk, ......... .. ...... putting in as much as $2009 at one time In June, but it was not true that W. A. Pol lard held a certificate of $5250 belonging to him. . Mr. Fine said that he had received the $2000 which he had deposited Jn June from the bank of W. A. GUr.k, ana had taken it from Butte at the instance of, Mr. Well come. This was part payment for service and expenses in the work he -was doing for Senator Clark, on an arrangement made with the senator soon after his sen atorial election. On this business he said he was still employed. He had ever since then been engaged in working for the disbarment of Senator W. A. Clarkr of Madison county. He had been engaged to do this work by Senator Clark himself, but no specific compensation had been agreed upon. Since getting the S200O he xhad recelve'd about $2000, making $5000 in all. Since the meeting of the legislature he had not received any money from any other source than Mr. Clark. He had never rendered, any account to Mr. Ciark nor kept a memorandum book,' but had kept the whole matter in his diary. On cross-examination, Mr. Fine stated he had been a supporter of Mr. Clark, of Butte, since 18S8, when Mr. Clark was a candidate, for delegate to congress and was defeated, the witness said, "by the treachery of Marcus Daly." In response tq a question, from Mr. Faulkner, he said he had never received any money from. Mr, Clark or any of his representatives for his vote for him. Ho also stated that while t&e Investigation into the record of Mr. Clark, of Madison, was still In progress, he thought it had gone far enough to insure his disbarment whenever that task should be undertaken. The last witness of the day was David C. Brown, a democrat, who had been col lector of customs for Montana and Idaho for the past seven years. Mr. Brown is quite deaf, and questions were asked through an ear trumpret. He said he was a friend of Mr. Clark, but that he hau never spent any money In the senator's behalf. He denied emphatically that $5QO0 hard been placed to his credit in the bank of Fort Benton last January for the bene fit of J. L. Truscatt, a member of the leg islature. His business was large and he was disposing of money every day, but he could not remember the name of any one person from whom -he had received money in either January or February last. He was asked to produce his bank deryosit book, .and, said that in order to do that he would have to go to Montana after it. The committee adjourned until Monday. WEBSTER DAVIS' TRIP. Sot' Due" to Strained Relations With the President. NEW YORK. Jan. 23.-A special to the Herald from Washington says: Trustworthy information here does not sustain the recent stories In regard to the prospective retirement from the interior department of the assistant secretary, Webster Davis, now in South Africa. These stories have endeavored to make it appear tnat ,&ir. Davis' trip to the Cape is the forerunner of his retirement to pri vate life. , It has been asserted that Pres ident McKinley was dissatisfied with his administration of his office as assistant secretary, particularly his rulings with relation to pension claims. These state ments need no denial to those who are familiar with the relations between the assistant secretary and the president. Mr. Da,vis, after McKInley's election, announced his candidacy for the place of United States attorney for the western district of Missouri, and shortly after the Inauguration came to Washington and presented his papers. The following Sat urday be met the president at one of the public receptions. To he surprise of the young MIssourlan, Mr. McKinley Invited him to step behind the line of the receiv ing party. When the reception was over he accompanied the president to his pri vate office, and to his utter amazement was Informed by Mr. McKinley that the latter had already seen his application for United 'States attorney for the West ern district of Missouri, but tha't he would rather have Mr. Davis accept another office. The president said he had not then decided what place to give him. Within a week the president informed him that he had decided to give him the as sistant secretaryship of the interior. Mr. Davis accepted the office .and his appoint ment, followed a few days later. From that date the relations between the young MIssourlan and the chief executive have been' the most cordial. Although the youngest man who has ever filled the place of assistant secretary of the Interior, Mr. Davis has accomp lished more in that office than any of his predecessors, and at the same time has taken an active part in many political campaigns. Early in 1898 some friction arose between the commissioner of pensions and the as sistant secretary of the interior by rea son of the fact that many of the decisions of the pension office were reversed by the assistant secretary. The commissioner of pensions frequently appealed the cases de cided by the assistant secretary to the sec retary of the Interior, in each of these cases the decision of the assistant secre tary was sustained, notwithstanding the fact that many of the cases were referred to the attorney-general for a judicial opinion, and many more to the assistant attorney-general for tfie interior depart ment. The records, of the interior depart ment show that not In a single case has a decision of Mr. Davis been reversed, but, on the contrary, they have all been sustained by the secretary. After the retirement last March of Cor nelius N. Bliss, as secretary of the in terior, it was currently reported that there was friction between Mr. Davis and Sec retary Hitchcock. But there has certain ly been no friction between the two in the last six months. On the contrary, the ut most harmony has prevailed. Last fall Mr. Davis was Invited and took a promi nent part in the political campaign Jn Ohio. As a result he returned to Wash ington In impaired health, and at the suggestion of his physician decided to take a long sea voyage. The war In South Af rica had begun and Mr. Davis concluded to visit that country. He called on Secre tary Hitchcock and asked for an indefinite leave of absence, explaining his reasons j therefor, which was promptly granted. If Mi. Davis has any intention of retiring, it is not known to his friends hero. a Honor for Mr. Dunn. Charleston News and Courier. Mr. Arthur W. Dunn, of the Associated Press, has just been elected vice-president of the Gridiron Club, of Washington, that celebrated organiza tion of bright news paper men. Mr. Dunn comes from "the wild and woolly West," having had' long experience with the Minneapolis Tri bune, St. Paul Pion eer Press and the Portland Oregonlan, and other papers In the far Northwest. He Is now in charge of the' capital work of the Associated Press, and he fills the bill very acceptably. He Is a hustler for news, and he knows what to do with it when he gets it. He is one of the most energetic members of the club, and performs well any part to which he Is assigned In the club entertainments. o & General Stanton Dead. OMAHA, Jan. 24. Brigadier-General T. H. Stanton, ex-paymaster-general, United States army, died here today of a com plication of liver and stomach troubles, aged 65. . o Promoter Miller Located. NEW YORK, Jan, 23. William F. Mil ler, who conducted -the-520 per cent Frank-' lln syndicate In Brooklyn, has, been located "hv Canada, and Is under surveillance. 1 e Kow It's 'Evans' Stoat, ' as well as Evans' Ale, here and everywhere. r. c? REPORT ON QUAY CASE MAJORiarEv-IS AGAINST. GIVI?iG HIM ' " " ' " .A SEAT. Arguments in Support of Its Posi tionViews of the Minority of the Committee. WASHINGTON. Jan. 23. At the open ing" of today's session, Senator Turley, of Tennessee, reported from the committee on privileges and elections the resolution on the case of Quay. The resolution follows; "That Hon. Matthew S. Quay is ndt en titled to take his seat In this body as sen ator from the state of Pennsylvania." The resolution was the judgment of a majority of the committee. Senator Tur ley called attention to the resolution of the minority of the committee, which was to the effect that Quay was entitled to a seat in the senate. Both resolutions were accompanied by reports in their gup port. The majority report opposing the seating of Mr. Quay was signed by Senators Caffery, Pettus, Turley, Harris and Burrows, the last-named being the only republican signing it. The minority report bears the signa tures of Senators Hoar, Chandler, Pritch ard and McComas, all republicans, ana advocates giving the seat to Mr. Quay. The majority report first reviews the cir cumstances under which Mr. Quay's ap pointment was made, including the fail ure .of the Pennsylvania Jeglslature to eiect.'afvB'enatAi:r'it ttferTsayg : 'irAfife'r a acaTitry,tje-bfncer of Unit ed States, sehator.'accuts. on Comes to passt if the next legislature does not fill It, it continues to "exist. It Is the same va cancy, not a new" one. Now the state ex ecutive Is given power to make a tempo rary appointment In case of a vacancy, not as long as it continues or exists, but only until the 'next meeting of tlie legis lature, wjtiioh is thpn required to fill the vacancy. JThis clearly medns that the paramount. Intent JtQ- have "the Jegisfature choose" the senators. Istcfpreyail, and thai "whenever the -legislature has had the op portunity to fill the vacancy, either befort or after it occurs, the executive nas no power to appoint. And when we take the phrase, 'if vacancies happen by resigna tion or otherwise during the recess of the legislature of any state,' if we concede that the general word 'otherwise' is not qualified nor limited by the specific word 'resignation' and that It includes vacancies which are caused by efflux ol time and which can be foreseen as well as vacancies which are caused by a caa- t ualty or the happenings of an unexpected event, and .which cannot be foreseen, still it must be construed and defined with ref erence to the balance of the phrase so as to give effect to all Its parts; and It thus results that the vacancy, no matter how it is produced, must happen, take place or begin during a recess of the leg islature; and thlg of Itself would be de cisive against Mr. Quay's claim." Continuing, the" report says: "Thus construed, this clause of the constitution affords every facility for always keeping the senate filled witjh senators who are real representatives ' of their respective states. A senator who is chosen by the legislature of his state is likely to bo the choice of the majority of the .citi zens of his state. A senator who is ap pointed by an executive Is frequently only the personal or political favorite of the executive. "The legislature, as we construe the clause," chooses the senator In the first Instance. If he .declines to serve or dies before he Is Inducted Into office or if, af ter qualifying, he dies, resigns or is ex pelled, the executive may mike a tempo rary appointment until the legislaT ire meets again; or, If, owing to changes in state constitutions, tho legislature which is authorized to fill the term at Its com mencement cannot meet until after the term commences, tho executive can also mak'e a temporary -appointment. " Every contingency Is thus provided for except the sole contingency that the legislature will fall to perform its sworn duty. Against a contingency of this kind the framers of the constitution did not Intend to provide." After discussing at length the circum stances under which the constitution was framed, the majority announces its con- .'clusI6n as follb-tfs: "We think that thb framers of the constitution never con templated nor Intended to provide for a case where a state, by Its own deliberate a"ct, should deprive Its legislature of the power to fill a. entire term at its begin ning. In our opinion they never intended to give the executive of a state the power to fill an entire term by original appoint ment unless, possibly, In a case where the legislature had chosen and the perspn elected had refused to accept or died be fore qualification. In other words, we conclude that the power of appointment was not to be exercised unless the va cancy occurred In the recess of the legis lature and was occasioned by some cas ualty like death or resignation'." The report then quotes numerous precedents, beginning with that of Kenzy Johns, of Delaware, In 1794, and closing with the case of Henry W. Corbett, of Oregon, in 1898. It then ends as follows: "The statement of these cases and prece dents shows that from the beginning of the government to the present time the senate has never recognized the right of a state executive to make a temporary appointment, where the vacancy happened or occurred during a session of the legis lature. It shows further that for 75 years the senate has refused to recognize the right of a state executive to make a tem porary appointment, even where the va cancy happened or occurred during a re cess of the legislature, If the legislature either before or after It occurred and prior to the date of the appointment had had an opportunity to .fill it. The fundamental principlSthus established Is that If tho legislature either before or after the hap pening of-a vacancy bas had an oppor tunity to fill It, then there Is no power -in tho state executive to appoint. The re sult is fatal to the claims of Mr. Quay. No danger of evil "has "resulted to the government from the enforcement of this principle. "We therefore submit that the senate, for Its own honor and dignity, should stand by Its previous solemn and deliberate de cisions." The Minority Report The minority report takes the opposite view. Quoting section 3, article I, of the constitution, the minority says that the. failure of the governor to call the legis lature together to elect a senator does, not net to deprive the ' governor of the power of appointment. Referring to the constitutional provision, the question Is asked: Does the language of tho con stitution of the United States mean just what the constitution of the common wealth of Pennsylvania says, 'In case of a vacancy In the office of United States senator in a recess between sessions,' or does it mean that the vacancy must be one which comes by chance, or that it does not apply at all to the case of a vacancy at the beginning of a term which does not come by chance, but 13 foreseen and inevitable?" This question Is answered as follows: "If the words have the former meaning, then all distinctions between cases where a legislature has been in session and those where a legislature has not been In session between vacancies at the be ginning of a term and vacancies begin ning after the term Itself has begun and the office for that term once filled, are without Importance. We think that the former i3 the true meaning Of the consti tution. We think that it was the intent of the constitution to provide, as far as possible, that every state should have two senators. "F.'rst The constitutional convention hesitated between conferring the power of appointing- senatprs upon the executive arid the legislature in the state in tbe be ginning."' Like the legislature, tbe execu tive of the state was supposed to repre sent the will of the people. Under the constitution then existing he appointed j all state officers and appointed judges who held their offices for life. Fop there Is no reason to suppose that they con sidered tbe executive an unfit instrument for such appointment. And they settled the question by giving the power of per manent appointment to the legislature and of temporary appointment to the execu-t'-ve. t "SecondWe can conceive no reason likely to have Influenced the framers of the constitution for making a distinction between cases of vacancy occurring In one way, or at one time and vacancies occur ring In any other way or at any other time. The office of senator may be at any time of Infinite importance to the interests of a state. Upon a single vote may often depend and sometimes has depended the fate of measures which would bring pros perity or misery Into every workshop and almost every family In Pennsylvania. "We do not believe that when the con stitution was enacted it would have oc curred to anybody that If a senator died within a week of the adjournment of the legislature or at a time when there were three parties in the legislature who could not agree, or at a time when the two houses who formerly made an election by concurrent vote, were of ways of think ing in politics so different that they could not be reconciled, that the state must re main unrepresented until a new leglsla ture should be chosen. They meant, as we believe, that for tbe Interest of the state and the interest of the whole coun try the senate should' always be full, so far as they could devise a constitutional mechanism to accdmpllsh that purpose." They say further: "Tbe language ot the very claube in question cannot be con strued as the opponents of Mr. Quay would construe It, or in any other way than the undersigned construe it, without destroying- Its own purpose. If there be ho power In the executive of Pennsylvania to apnoint a successor to-Mr. Quay under this clause of the constitution, there is no power In tbe legislature to choose such succesior until the end of the term, and In every case where a senator dies1 or resigns, where the legislature is not In sess'.on, or where, after such death or resignation the legislature has met and adjourned without a choice, or wherever, at tbe beginning of the term the vacancy Temalns unfilled, It must remain unfilled until thf end of the six years, according to the logic of the majority of the com mittee." On another point the minority says: "It is said that if the legislature has been in session after' a vacancy and has failed to fill It the state Is In fault; that the legislature has neglected its duty and so It is not unjust that the state should suf fer. There are two answers to this argu ment. First, that It Is for the Interest of the whole people that ev.ery state should be fully represented; and, second, that there 13 no fault to be Imputed to the legislature of a state or to the people where a majority vote Is required. If there be a failure to elect. Will anybody claim that the case of a failure to elect a president for want of a constitutional majority, a case provided for by confer ring a power upon the house of represent atives, voting by states, Is the case of fault or negligence on the part of the people?" The minority then give considerable at tention to the various cases and conclude as follows: "Tbe case of Allen of Wash ington, was decided with tbe Lee Mantle case, and without argument, a decision to which Mr. Beckwlth, of Wyoming, submitted without further contest. At that time there was an earnest division in the senate on an important question relating to the currency, which created for tbe time being more earnest differ ences of opinion than those existing be tween the two great political parties on other questions. It was a time not favorable to a dispassionate, nonpartisan judgment. We prefer the authority of the New Hampshire case, which was act ed on, also In the case of Mr. Pasco, of Florida, and we think that a decision which must inevitably deprive states In tbe Union for long-periods of time ot their rightful representation under the consti tution will not be permitted long to stand, and thai 'no settlement of the question in derogation of. the rights of tbe state., and, as we conceive, In violation of the Intent of the framers of the constitution should bo acquiesced In." THE RUNNING RACES. Yesterday's Winners at Oakland and New Orleans. SAN FRANCISCO, Jan. ft. The weather at Oakland was fine and the track fast. The results were: Five furlongs, selling Momentum won, Duke of York U second, Strongoll third; time, 1:02. Futurity course, selling Redwarld won, J. V. Hayes second; Coming Event third; time, 1:12. Six furlongs, selling Revanna won, TI buron second, Good Hope third; time, 1:13. Seven furlongs, selling Gauntlet won. Montallade second, Whitcomb third; time, 1:27. One mile, selling Silvertone won, Wyo ming second, Torlblo third; time, 1:40. Six furlongs, selling Sly won, Afamada second. Snips third; time, 1:13. Races at Jew Orleans. NEW ORLEANS, Jan. 23. The results of the races were: Selling, mile and a sixteenth Aster won, "Vbyageur second, King Elkwood third; time, 1:50&. Selling, two miles Our Nelly won. School Girl second, Elldorpha third; time, 3:34. Handicap, hurdle, mile and an eighth Cheesemite won, Joe 'Bell second, Glover third; time, 2:06. Handicap, six furlongs Belle of Mem phis won, Dollle Welthoff second, Ed Gar Hand II third; time, 1:14. Selling, one mile Sir Blaze won. Bright Tlght second, Jim Conway third; time, 1:42. Selling, mile and a sixteenth Village Pride won. Miss Ross second, Jimp third; time, 1:49. e BAD FOR MOLINEDX. His Testimony at the Inauest Admit, ted, at the Trial. NEW YORK. Jan. 23. In the trial of Roland B. Mollneux, Recorder Goff to day admitted as evidence the testimony of the defendant when he was a wltnesi In the coroner's inquest Into the death of Mrs. Adams. The defense fought bltterlj against the admission of this testimony, and half the day was spent In discussion of its admissibility. Finally the recorder ruled that Mollneux, while before the cor oner's jury, was not charged with mur der, and that Mr. Osborne might place Mollneux' testimony before the jury. Two damaging, flat contradictions be tween Mollneux' testimony at the Inquest and the evidence produced In his trial exist. At the coroner's Inquest Mollneu-; denied ever having used or seen any ot I the trl-crescent, robln's-egg blue paper. In the trial the Burns letter, signed by Mollneux and written on such paper, was produced and acknowledged by him. Mollneux also denied at the Inquest that he ever sent for patent medicine by mall. This same Burns letter, signed by Moll neux, Is an order for a patent medicine. 0 A clever rascal recently succeeded In selling to the peasants of a remote town in Russia tickets which purported to admit them to Para dise. Eor Infants and Children. The Kind You Have Always Bought Bears tins Signaturo of (fra&ffi&!c&fo MONTAGU.WHITERECEIVED GRAXTED AS AUDIENCE BY" THE SECRETARY OF STTE. Acknowledged . His Vlsltx to This Country Is to "Worlc Up Sjrnipathy for the Boer Cause. WASHINGTON. Jan. 23, Montagu White. Consul-general of the South Afri can Republic In London, called at tha state department this afternoon and had a conference with Secretary Hay. At the beginning" he put himself on a safe foot ing by Informing the secretary that he had no credentials and no official charac ter whatever. He frankly admitted, how ever, that he was In the United States for the purpose of aiding his countrymen to enlist the sympathy of the American peo ple. The secretary accorded him an hour's audience without Interruption. Stock Exchange Rnniorn. LONDON, Jan. 23. It was reported on the stock exchange today that two bat talions of British troops have been cap tured by the Boers. There Is nothing hero to confirm the rumors on the Berl.n bourse and the stock exchange of thi city. The fact that Buller was heard from this morning, when he sent I.sts of casual ties to British troops, seems to disprove these stories. The officials of the war office entirely discredit the- stock exchange stories, as also the report ot Lord Dundonald'3 entry into Ladysmlth. The officials said to a rep--resentatlve of the Associated Press that no decisive news was expected for two or three days relating either to the- relief oC Ladysmlth or to any conclusive victory or defeat, as other operations at present being conducted by General Buller were of a lengthy character. BERLIN. Jan. 23. There was a rumor on the bobrae today that General Buller has suffered defeat. Attack on Colcsbur;r Boers. PRETORIA, Jan. 21. A dispatch from Colesburg says that the British attacked the Boer positions there this morning. There was heavy fighting, but with what result Is not known. According to the latest from the front, the Boers were holding their positions. A dispatch from Colenso, dated January 18. says a patrol of 200 men under F.eld Cornet Opperman, while scouting, was sur rounded, but succeeded In fighting Its way back. It Is reported, that four men were killed and 30 wounded- and made prteon- Bombardment of Kimberley. KIMBERLEY, Jan. 21. Boers continue active, and a heavy bombardment of this place Is taking place. MODDER RIVER. Tuesday, Jan. 23. A heliograph message from. Kimberley says the Boers vigorously renewed the bom bardment today. ANOTHER VETERANS' BILL. TonRue Asks $100 a Year for Each Indian or Spanish "War FIffhter. WASHINGTON, Jan. 19 The till recent ly Introduced by Representative Tongue appropriating ?K0 a year for each veteran of the Indian wars, as well as the Span ish war, provided 3ucb veterans are dis abled and are Inmates of- state soldiers homes. Is but one effort In the direction of recognizing the Justice of the claim of the Indian war veterans. Of course, first of all. Mr. Tongue would like to have his regular Indian war veteran bill passed, so that the veterans of the state Indian wars will be allowed to draw pensions from tho general government tbe same as veterans of civil and? other1 wars - -amis scotul measure would only reach a small per cent of the veterans of these wars, but that even will be a concession that will be to the Interest of the veterans who are disabled and unable to support them selvest This bill was introduced at tho request ot a number of the soldier organ izations of Oregon, who alao requested tho other members of the delegation to support such a measure. While it is rather diffi cult at this time to predict the fate of this bill. It has one thing against It, and that is that It would carry a good-sized appropriation, and bills with appropria tions are not looked upon with general favor In the house at this time. Such a bill would probably be able to get through the senate, but It would have to go through the bouse by default, unless there can be a large amount of Interest aroused tn its support. To assist digestion, relieve distress after eating or drinking too heartily, to prevent constipation, take fB Sold everywhere. 25 cents. Crockery Bargains. JVb TVortli Yoar Coming Jwst to Sea. Great Eastern Tea Co. 320 Washington St.. Portland. 22:J FIrnt St.. Portland. 115 Grand Ave., E. Portland. S VI Liver Ms. Prevention better than cure. Tutt's Liver Pills will not only cure, but if taken in time will prevent Sick Headache, dyspepsia, biliousness, malaria, constipation, jaundice, torpid liver and kindred diseases. TUTT'S Liver PILLS ABSOLUTELY CURE. DR. SIMM'S SPECIFIC " FOR WHOOPSING COUGH A certain relief and cure. 50 cents at all druggists. Woodard, Clarke & Co., Chemists Agents, Portland, Or,