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,