Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 11, 1900)
VOL. XL. NO. 12,479.
PORTLAND, OREGON, TUESDAY, DECEMBER 11, 1900.
PRICE FIVE CENTS.
- friw rw Nm
MACKINTOSHES, RUBBER AND 01L-CL0TH1NG
Rubber Beets and Shoes, Beltlna. Packing and Hose.
Largest and most complete assortment o all kinds of Rubber Goods.
Goodyear Rubber Company
R. H. PEASE, President.
P. M. BHEPARD, JR.. Treasurer.
J. A. SHEPARD, Secretary.
144-146 Fourth Street
The Condensed Strength and Nutriment of
Barley and Rye
BllimaUer & HOCll, IOS and HO Fourth Street
Sole Distributers for Oregon
fifth and Washington Sts. . . . PORTLAND, OREGON
FIrst-Class Checic Restaurant
Connected With Hotel.
St. Charles Hotel
FRONT AND MORRISON STREETS -PORTLAND.
American and European Plan.
A fine collection of genuine ORIENTAL RUGS shipped to MERCHANTS'
NATIONAL BANK, Portland, with draft and bill of lading attached.
The said bank has Instructed
Ceo. Baker & Co. to dispose of
said rugs by public auction at a
vacant store No. 352 Morrison
street, and to sell enough afore
said rugs to pay said draft and expenses. Rugs on exhibition morning of
sa,e- GEO. BAKER & CO., Auctioneers.
NOTHING IS MORE ANNOYING
to the housekeeper or office man than to have their call bell
system, electric or gas lights get out of order when most in need.
For firstclass repairing and additional work, call up on either
M. J. WALSH
Successor to Frank Holcomb & Co. 245 WASHINGTON STREET
Headquarters for Hlgh-Grade Gas and Electric Chandclien
Electrical and Gas Supplies.
Our High-Gradc Toilet Accessories Brushes and
C-tmbs Mirrors and Manicure Sets.
You will not find them duplicated elsewhere. Neither
will you find them equaled. Everything- that befits and
adonis MY LADY'S TOILET TABLE can be found
in our holiday stock.
Out-of-Town Order Given Careful Attention.
Diamond Importer Manufacturing Jewelers.
Store open evenings during December. Third and Washington Streets
Your Piano Is Useless, if You Can't Play.
The Pianola will enable every owner of a piano to play upon his instrument
whenever he desires. Not only this, but every member of the family can also play
upon it not one or two pieces, but practically every composition ever -written for
M. B.' WELLS, Northwest Agent far the Aeolian Company
Aeolian Hall. 353-355 Washington Street, cor. Park. Portland, Or.
We are Sole Agents for the Pianola; also for the Stelnway. Chase and Emerson Pianos.
"Westlnsrhouse's Xerr Scheme.
NOGALES, Ariz., Dec 10. It Is learned
on good authority that George Westing
house, of Pittsburg, has bought the entire
Suena Vista grant, comprising 7000 acres
of land, and Intends to erect at some
point on the Santa Cruz River colossal
reduction -works and smelters and build
a railway connecting the mines, the re
duction -works and Nogale.
73.75 FIRST ST.
BETTER THAN EVER,
BEST 5-CENT CIGAR
BLUMAUER-FRANK DRUG CO.
Rooms Single 73e to 5L50 per day
Rooms Double JLOO to 52.00 per day
Rooms Family J1.E0 to $3.00 per day
C. T. BELCHER. Soc and Treas.
.n.ss. I1.W. n.75
. 50c. 75c. SL09
Wednesday, Dec. 12th
And fallowing days at 2 P. M.
WE WILL RESERVE
GOODS IF DESIRED
Chlc&sro Emfeexxler Arrested.
CHICAGO, Dec 10. Walter D. Glenn,
formerly cashier of the Traders Loan &
Building Association, "who disappeared last
Summer -with a charge of being over $30.
000 short In his accounts hanging over
him, -was placed In the county Jail today,
pending trial. Glenn was arrested at
Rawlins, "Wye, -where' he had secured a
.position as cleric in & hotel.
UPHOLDS THE CITY
Supreme Court Affirms Port
land Street Assessment.
THE CASE OF A. N. KJNG ET AL.
Street Improvement Sections of the
City Charter Held to Be Valid,
lint a Change in the Law
SALEM. Or., Dec 10. One of the most
Important decisions rendered by the Su
preme Court in many months -was handed
down today, when that tribunal affirmed
the case cf A. N. King et al., vs. the City
of Portland et aL, thus upholding tho
street Improvement sections of the Port
land city charter.
This -was a suit to test the validity of an
assessment for the improvement of East
Yamhill street, between East "Water street
and Union avenue The case -was decided
in the Circuit Court for Multnomah
County, by Judge John B. Cleland, and
on appeal has been affirmed In a very
long and exhaustive opinion by Justice.
C. E. Wolverton. Though the case pri
marily affects only the assessment In
question, it determines the validity of
street assessments under the Portland
charter and the charters of other cities
of this state. The extent of the effect
of an adverse decision in this case is
shown in the following comment, made
by the Supreme Court, after affirming
"We have arrived at this conclusion not
without some misgivings. But, In view
of the fact that the manner of the as
sessment as here found to exist has been
followed substantially In its present form
since 1854; that many miles of street im
provements in various forms have been
made and constructed in pursuance of it;
that hundreds of thousands of dollars
have been expended under the rule; that
numerous titles are depending upon it;
and to that extent it has become a rule
of property; that tax bills Issued In pur
suance of It are bought and .sold in tha
market upon the faith of it; that many
bonds are outstanding, depending for
their validity upon its legality, and that
it has time and time again been before
the courts of the state and sustained,
although not upon the exact point hero
involved (which -was never mooted until
after the decision In the Norwood case),
we deem It unwise at this late date to
disturb It. and set the -whole matter at
large, as if there had never been a law
upon tho subject, thus unsettling the
financial anatomy of the city government
and perhaps many titles in Its domain.
It would be far better that the Legisla
ture .should change -the"pnrcfedure than
that we should nullify it ab initio, with
a long train of evils to follow in its
wake; and to that source of power resort
should be had, if an evil exists, for Its
The decision In this case Involves a
consideration of nearly every section of
the Portland charter, from section 126
to section 158 (Session Laws of 1S9S. page
150). Two questions were presented
whether the charter provides for an ap
portionment of the burden of the cost of
improvement under a uniform rule, as re
quired by the constitution, and whether
the provisions are invalid under the Fed
eral and State ConsUtutlon because In
violaUon of the Inhibition against taking
private property for public use without
due process of law. The opinion of the
Supreme Court holds, at the outset, that
the Legislature "may authorize local Im
provements to be made, and authorize
the expense thereof to be assessed upon
the land benefited thereby. But, In all
cases, there must be an apportionment of
the burdens, either among all the property-owners
of the state, or of the local
division of the state, or the property
owners specifically benefited by the im
provements. In either case, if one is re
quired to pay more than his share, he re
celves no corresponding benefit for the
excess, and that may properly be styled
extortion or confiscation. A tax. or assess
ment upon property, arbitrarily Imposed,
without reference to some system of just
apportionment, could not be upheld.
"This brings us to the rule of appor-
.tionment, and in this connection may be
considered the second objection, which
Is that the mode and manner of assess
ment for street Improvements adopted
and prescribed by the Legislature through
the city charter, do not take Into consid
eration the benefits, or limit or apportion
the assessment by and in accordance with
the benefits received, and, therefore, that
tne charter Is in violation of the fifth and
fourteenth amendments to the National
ConstltuUon, which inhibit the taking of
private property for public use and with
out due process of law."
On the question of "due process of law,"
bo far as notice Is concerned, the opinion
says: "There are four several notices re
quired along the way: First, of the pro
posed improvement; second. Inviting pro
posals for doing the work; third, touching
the acceptance of the work; fourth, 10
days notice of the entry of the assess
ment in the docket of the city liens. Am
ple opportunity was thus afforded the
owners to appear and interpose the con
stitutional objections, which is all that Is
sought to be done In tnis proceeding."
On the subject of uniformity In the ap
portionment of the burden of the im
provement Js the following:
"Local or special assessments for local
improvements ... are made and sus
tained upon the assumption that a pre
scribed portion of the community Is to
be especially benefited In the enhance
ment of the value of the property peculi
arly situated as regards the proposed ex
penditure of the funds to be raised by
the assessment. It Is but a demand of
simple Justice that special contributions
in consideration of special benefits should
be made by those receiving the benefits,
but such contributions ought not. by the
same demand of justice, to be enforced m
any case beyond the benefits received.
Such an assessment is not In conflict with
the provision of our state constitution re
quiring that all taxation shall be equal
and uniform. It must be conceded, there
fore, as was said by Mr. Justice Harlan
(In Norwood vs. Baker, 172 TJ. S., 269, 273),
that 'the exaction from the owner of pri
vate property of the cost of a public Im
provement In substantial excess of the
special benefits accruing to him. Is to
the extent of-such excess, a taking, under
the guise of taxation, of private property
for public use without compensation.'
The eminent jurist used the words "sub
stantial excess advisedly, because, as he
explains, exact equality In taxation is not
always attainable, and for that reason the
excess of cost over special benefits, unless
it bo of a material character, ought not
XJx be regarded by a court of equity when
its aid is invoked to restrain the enforce
ment of a special assessment.' "
Again, quoting from a Massachusetts
case, the opinion says:
"It is well established that taxation of
this kind is permissible . . . only when
founded upon special and peculiar benefits
to the property from the expenditure oh
account of which the tax Is laid, and then
only to an amount not exceeding .such
special and peculiar benefits. This marks
the boundary beyond which it Is not with
in the power of the Legislature to go."
"The mode (of apportionment) which
the Legislature has prescribed (In the
Portland charter) Is, In substance, that
the cost of the half street In front shall
be assessed upon the abutting lot or part
of lot, and that the cost of street Inter
sections shall be assessed, five-ninths upon
the corner lot, and the remainder upon
the adjacent lot In the quarter block. The
rule Is Invariable, and, when the cost of
the Improvement In front or at an inter
section is ascertained, it must be assessed
upon the property; and no discretion, leg
islative or judicial, abides with the mu
nicipal authorities to modify or abate It
in the slightest measure. The method is,
perhaps, the least justifiable, as a general
rule, of any that has been devised; but
that does not signify that it Is not proper
in any case. The Norwood case would
seem, at first thoucht, to forbid the ap
plication under all conditions of the front
foot rule; but it was" probably not Intend
ed that it should be "so far-reaching in Jta
significance. As applied to that case,
and all similar cases, it must be accepted
as controlling. The rule has been many
tlme3 upheld, and it Is believed it yet
may be, where the conditions are such
that it may reasonably be supposed that
the method adopted will secure a propor
tional distribution of the burden, accord
ing to benefits.
"... The Improvements consists of
an elevated roadway . . and It is ap
parent that the cost of the work was
practically uniform throughout, and the
assessment against the lots was therefore
as nearly proportional according to bene
fits as could be devised. At least, It is
not apparent that there is any substantial
excess of costs above benefits, nor is there
such a disproportionate distribution of the
burden as to justify the court In declar
ing the assessment an arbitrary exaction.
by the Legislature.
In re the Chambers Estate.
Robert Chambers, appellant, vs. Dorcas
Chambers, S. J. Chambers and Polly Ann
McCabe, respondents, In the matter ,of
the" estate of William J. Chambers, de
ceased, from Marlon County, George H.
Burnett, Judge; affirmed. Opinion by
On March 25, 1S9S, E. J. Chambers was
appointed administrator of the estate of
William J. Chambers, deceased. Subse
quenuy itODert unambers presented a
claim aggregating $782 46, which was Al
lowed by the administrator and filed with
his final account in the County Court, De
cember 3, 1S9S. At the time appointed
for hearing, the respondents, beings heirs
of the deceased, filed objecUons to tho
allowance and approval by the County
Court of two Items of the claim amount
ing to $715 46. No evidence was produced
for or against the claim, the claimant
relying wholly upon tho allowance by the
administrator as establishing prima facie
its validity. TJpcn thfj state of tt
record the court decreed that the ltenrSH'
objected to be disallowed. Tho claimant
prosecuted an appeal to the Circuit Court,
ana, Deing again unsuccessful, be ap
pealed to the Supreme Court.
The Supreme Court, In sustaining the
lower court, holds that the administrator
is an auditor only, In approving claims
filed, and that his approval is not prima
facie evidence of the justness of the
claim, but that if he reports the allow
ance of the claim in his semiannual ac
count, and this account be approved by
the County Court, this approval is prima
facie evidence of the Justness of the
claim. Continuing, the opinion says:
"In tho present case the allowed claim,!
wu uruugm io wie attention or tne court
for the first time on hearing of the final
account, and It has never made any order
with reference to it. . . The court acts
judicially, and, when objecUons are inter
posed to a claim, it must bo supported
by proof, as In other litigated controver
sies, or tho claim must fall of Its estab
lishment, and the simple allowance by the
administrator will not avail to make a
prima fade case."
Two cases of the State of Oregon vs.
Andrew Carlson, convicted In Multnomah
County of the crime of assault and rob
bery, being armed with a dangerous
weapon, were affirmed. Both cases were
tried by Judge M. C. George, and the de
fendant having Jbeen sentenced to 14 years
imprisonment, he appealed. The opinion
of the Supreme Court was written by
NO HOPE FOR CARTER.
Swindling? Engineer Mast Serve the
Rest of His Term.
ST. LOUIS, Dec 10. In a decision hand
ed down by Judge Hook, of the Federal
District Court, of Kansas, and concurred
in by United States Circuit Judge Amos
Thayer this afternoon, OberlimM. Carter
formerly Captain In the United States
Army, under sentence of five years im
prisonment for misappropriation of Gov
ernment funds, while in charge of the
harbor work of Savannah, Ga.. Is remand
ed to the custody of Robert W. McLaugh
ey, warden of the Federal penitentiary at
Leavenworth, where Carter has been con
fined, the court overruling the petition
er's demurrer on the habeas corpus writ
issued some time ago and sustaining the
rule of the trial courts, together with the
subsequent action of President McKlnley
In setting aside 12 of the charges under
which he was convicted, but making no
change of the sentence Imposed by the
In addition to the prison sentence. Car
ter was fined $5000, which was paid, and
he was dismissed from the Army. Judges
Thayer and Hook find these proceedings
were entirely regular. One of the chief
contentions urged in Carter's behalf was
that the President In reducing the num
ber of specifications preferred, thereby
made void the entire punishment Inflict
ed. On this point Judge Thayer says:
"The punishment prescribed by the ar
ticles of war Is attached to the charge,
and not the specifications made thereun
der, the latter being merely In the way of
exemplification and detailed statement of
the principal charges to which they prop
erly relate; but even If this were not so,
the rule Is well established that when a
sentence In gross Is pronounced upon a
conviction under an Indictment contain
ing several counts, and upon a proposal
of review some of them are held bad
and others are sustained, the sentence
will not be disturbed, provided it Is such
as could lawfully have been imposed un
der the counts which were upheld."
Captain Carter entered prison in April
last. With one year off for good behavior
he still has a little more than three years
Steel Company Resumes Worlc
LORAIN, O., Dec 10. The Lorain Steel
Company resumed work today at its
blooming, converting, finishing and shape
mills, with more than -3000 men employed
thai -entire Riant,
THE STATUS OF CUBA
Case Was Before the United
States Supreme Court.
THE EXTRADITION OF NEELY
Argument Began Yesterday Devel
oped Interesting: and Important
Questions John D. Lindsay
Opened for the Prisoner.
WASHINGTON, Dec 10. The Neely
extradition case was argued in the Su
preme Court today. All the Judges were
present. The argument developed Inter
esting and Important " questions of law
with reference to the right of the United
THE EMBEZZLER OPCtBAS POSTAL
THE UNITED STATES
States to extradite a fugitive criminal in
the absence of an extradition treaty, and
especially with reference to the right of
the President, since the ratification of
the Treaty of Paris, to maintain a mili
tary form of government In the Island
of Cuba. The latter feature of the argu
ment made it the first of the arguments
which bring up for finft.1 decision by the
supreme iwourt tne constitutional rela
tions between this country and the terri
torial acquisitions which It has gained as
a result of the Spanish-American War.
The Neely case referred exclusively to
the character of these relations so far
as the Island of Cuba was concerned,
and thus presented an independent ques
tion from that which will be argued De
cember 17, when the character ot.the re
lations with Porto Rico and the Philippines'-
will be under consideration.
John D. Lindsay, of the New York bar,
opened the argument for Neely. He
claimed that there existed In Cuba, prior
to our intervention, a Cuban Republic.
This republic, he argued, the United
States recognized In April, 1S9S, when It
passed a joint resolution, signed by the
President, which declared "that the peo
ple of the Island of Cuba are of right
and ought to be free and Independent."
He claimed that the United States did
not make war against the Cuban Re
public thus recognized, but was Its ally,
and that, therefore, the success of the
American Army did not mean that Cuba
was conquered, but that the Spanish
troops were driven out of the territory
of a friendly ally. He contended, there
fore, that when the Treaty of Paris was
ratified the war ceased, and as no war
had been declared against the Cuban Re
public, all further Justification under the
warmaklng power to occupy Cuba ceased,
and the President should Immediately
upon the ratification of the treaty, or
within a reasonable time thereafter, have
withdrawn the Army.
He claimed, therefore, that the Instltu.
tion and maintenance by the President of
a military government In Cuba was and
13 without authority under international
law, and In flagrant contravention of the
ConstltuUon of the United States. He
further urged that such military govern
ment was unconstitutional, and essential
ly a war against the Cuban Republic, and
as Congress alone had the authority to
declare war against the Cuban Republic,
the control of Cuba by the President, as
Commander-in-Chief, was a virtual prose
cution of war without the authority of
Congress. He denied that such govern
ment could be justified under the war
power, as the war power has no exist
ence, except In time of war, when the
war is authorized by Congress, and that
the President could not use the National
forces for the purpose of governing Cuba.
He relied especially upon the case of
ex parte Mllllgan. He argued Anally that,
In any event, as trial In the Cuban courts
Is without a grand Jury or a petit jury,
Neely could not be tried before them
without violation of the sixth, seventh
and eighth amendments to the Constitu
tion. Owing to the lateness of the hour when
Mr. Lindsay concluded his argument, As
sistant Attorney-General Beck did not
speak. He expects to speak tomorrow.
"Wichita Case Decided.
The Supreme Court rendered an opinion
in the claim of the Wichita, Choctaw and
Chickasaw Indians In connection with the
old Wichita reservation, Justice Harlan
handing down the opinion.. In 1S61 the
Indians made a treaty with the United
States Government, ceding the Wichita
reservation, and agreeing to take 160
acres in severalty. The Indians claimed
they were entitled to the proceeds of the
sale of the surplus land. The Court of
Claims sustained the contention of the
Indians, but today's opinion reverses that
position, the Supreme Court holding that
in the treaty of 1S61 the Choctaws had
made an absolute cession of f the lands
Included in the reservation. The court
also remanded the case to the Court of
Claims, with directions to dismiss the
claims of the Choctaws and the Chlcka
saws. and to fix such compensation to
the Wlchltas as is consistent with law.
The reservation is a part of the old leased
Jdlstrict of 7,500,000 acres of land lying: be
tween the Red River and the Canadian
River and the SSth and 100th degree of
CHIRIQUI COAJL1SG STATION.
United States May Bay the Port From
WASHINGTON, Dec 10. The gunboafr
Bancroft sailed today from Colon for Al
mlrante Bay. It Is understood that her
mission 1? to look Into the advantages
offered by the port of Chlrlqul as a coal
ing station. The harbor Is capable of
floating the entire fleet of a nation, and
the water Is deep enough for the heaviest
battle-ship. Approaches were made to the
Colombian Government, with a. view ox
learning whether It would entertain a
proposition to grant Chirlqui as a-coaling
station. At that time, Colombia was not
In a position to make a definite answer,
as the territory, including this harbor,
had been In dispute between Colombia
and Costa Rica. The answer, therefore,
was to the effect that the grant could
not be made while the question of sover
eignty remained open between the two
countries. Since then, however, Colombia
and Costa Rica have' arranged to arbi
trate the differences, and there Is a pros
pect of an early settlement of sovereign
ty. With this point removed, It Is be-
FUNDS, WHOSE CASE IS -BEFORE
SUPREME COU R.T. t .
lieved that there will be no serious ob
jections from Colombia' or Costa Rica to
granting a coaling station. ' '
liberation of May.'
WASHINGTON, Dec. 10. Except as It
may serve as a basis for a claim In the
future, the Incident growing out of the
detention by Guatemalan officials of the
American, engineer, George May, has been
closed. Minister Hunter; at Guatemala
City, has telegraphed Solicitor Penfleld,
of the State Department, that he had
presented the matter to the President,
who directed that the order of detention
be revoked and. the same transmitted by
telegraph to , the proper authority. Min
ister Hunter also said that he had no
tified May by telegraph of his liberation.
Mnjor Henry Sweeny Dead.
SAN DIEGO, Cal., Dec. 10. Major Henry
Sweeny, United States Army, retired. Is
dead In this city," aged 63 years. He en
tered the Army In New York In 1S34. Last
year "he was chancellor of the California
Commandery of the Loyal Legion.
SUMMARY OF IMPORTANT NEWS.
Argument In the Neely case was begun before
tne United State3 Supreme Court. Page 1.
Hay may resizn' if the canal treaty Is amend
ed. " Page 1.
The United States wants Chirlqui for a coaling
station. Page I.
Charles A. Towne was sworn In as Senator
from Minnesota. Page 1.
The House passed the legislative, executive and
judicial bill. Page 2.
A House Republican caucus decided to stand
by the war-tax bill. Page 2.
Salisbury and Chamberlain were
the British House of Commons.
Von Bulow explained why Emperor -William
would not receive Kruger. Page 3.
Lord Roberts was given an ovation at Cape
Town. Page 3.
The tension between Holland and Portugal Is
.increasing. Page S.
The Sultan of Turkey dined officers of the battle-ship
Kentucky. Page 3.
There Is little change In the Santa Fe strike
situation. Page 2.
Four men were killed by an explosion In the
Union Pacific tunnel at Aspen. Page 2.
The Federation of Eabor adopted numerous
resolutions. Page 5.
The Oregon Supreme Court upholds the stret
lmprovement section of the Portland city
charter. Page 1.
Only $600,000 can be obtained from this ses
sion of Congress for the Columbia Jetty.
Benjamin "Wise was held at Salem for arson
at SHvcrton. Page 5.
TJAe Idaho Supreme Court decides that pat
ented mining property is to be regarded tha
same as other realty for purposes of taxa
tion. Page 4.
Erection of poles and wires for another light
ing system" began In Salem yesterday.
Commercial and Marine.
The cotton market suffers violent fluctuations.
Russian wheat crop estimated at over 400,000.-
000 bushels. Page 11.
Cedarbanks flying- passage to Europe. Page 5.
Monmouthshire's big cargo. Page 5.
Throe more grain carriers arrive. Page 5.
Portland and Vicinity.
Portland merchants generally favor holding an
Oriental fair. Page 8.
Marquam block sold by the Sheriff for $363,000.'
Page 7. Mm
City & Suburban engineer fatally wounded by
a footpad. Page 12.
Box of bones, evidently those of a murdered
man. found in Gresbam. -cemetery. Page 8.
Oregon stockgrowers form a state association, ton Mining Company. The former ver
PagolO. i,dl.ct 'was m favor of the defendant.
WILL HAY RESIGN?
He May if the Canal Treaty Is
FRYE HADE THE AMENDMENT
Discussion of Clayton-Bnlwer Con
vention in Executive Session of
Senate Senator Towne.
"Was Sworn In.
WASHINGTON. Dec lO.-Charles A.
Towne, the recently appointed successor
to the late Senator Davis, of Minnesota,
attended today's session of the Senate
and took the oath of office. No business
of Importance was transacted In open
session, the Senate going Into secret ses
sion on the Hay-Pauncefote treaty as
soon as routine business had been con
cluded When the Senate convened. Chandlep
(Rep. N. H.), Bate (Dem. Tenn.) and
Turley (Dem. Tenn.). who heretofore dur
ing the present session had not been In
attendance, were In their 3eats. Nelson
(Rep. Minn.) at once presented the cre
dentials of Mr. Towne. and they were
read. Chandler directed attention to the
last clause of the credentials, which was
that Towne should hold his Seat until "his
successor was elected and qualified." He
said the Constitution provided simply
,that the appointee should hold office un
til the Legislature had met.
"In the credentials presented," said
Chandler, "the Governor has undertaken
to prescribe the length of the new Sena
tor's term. The added clause of the cre
dentials, of course, is superfluous. I de
sire simply to call attention to the fact,
and have no Intention to object to tho
swearing-in of Mr. Towne."
The new Senator was conducted to tho
desk by Nelson, and the oath of office
was administered by Frye, the President
pro tern Towne was congratulated warm
ly by many of his colleagues as he took
his seat on the Democratic side of the
A bill to provide for the appointment ot
an additional District Judge in the North
ern judicial district of Ohio was passed-
Hanna (Rep. O.). offered a resolution
that a committee ot three Senators be ap
pointed by the President pro tem. to make,
the necessary arrangements for the inau
guration of the President of the United
States March 4 next. Under the rules, the
resolution went over.
The Senate, after the transaction of
some routine business, at 12:35, on motion"
of Lodge (Rep. Mass.) went into execu
The Executive' Session
' The Senate spent almost five hours in
executive session considering the Hay
Pauncefote treaty. There were five or sl
set .speeches, made, some of thpm. by
Senators who had not spoken hitherto
upon the treaty, and others by Senators
who had previously expressed themselves.
Among the latter was Morgan (Dem.
Ala.), who returned to his former speech,
elaborating somewhat his position as to
the effect of the Clayton-Bulwer treaty.
He took Issue with Teller (Sll. Colo.) as
to the purport of the first clause of that
treaty, claiming that It applied only to
Great Britain's Tight to fortify the Nica
ragua Canal ltjelf. Teller replied at soma
length, asserting that the provision was
of more general Import, as he said any
one could ascertain for himself by reading
President Buchanan's views upon tha
subject when he was Minister to England.
The declaration then made showed plain
ly, he said, that England had attempted
to extend her rights beyond the Imme
diate vicinity of the canal. Teller then
proceeded again to elaborate his views
upon the general subject, repeating his
declaration that the United States should
construct the canal. If at all, regardless
of the English position, and without go
ing through the formality of ratifying th
During the day speeches were made by
Money (Dem. Miss.), Stewart (Rep..
Nev.), Frye and others. Stewart an
nounced that he was for the treaty with
out amendment, and Money that he was
against the treaty In any form. He want
ed the canal built as much as any Sena
tor could, he said, but he considered the
pending treaty little less than an Insult
to the Intelligence of the American peo-'
pie. He had no doubt that, If proper
diplomatic efforts had been made. It would
be possible to secure the complete abro
gation of the Clayton-Bulwer treaty, and
that was what he wanted. He did not.
Indeed, believe the people ot this country;
would be satisfied so long as any vestlgo
of that Instrument remained among exist
ing International obligations. That con
vention, he said, was contrary to tho
wishes of the people of the United States,
and they could be satisfied only by defi
nitely erasing It once and forever. There
also should be new conventions between
the United States and both Nicaragua
and Costa Rica, giving absolute control
of the waterway to this country. He
wanted no partnerships with any country
In ownership or management of the ca
nal, when built.
The possibility of Secretary Hay's re
signing In case the foreign relations com
mittee's amendment to the' treaty should
prevail having been alluded to, Frye salo
he was In a position to make official de
nial of that report. The Secretary had
no such intention. Frye announced him
self as favorable to the Hay-Pauncefote
treaty. He said that, deny the effect of
the Clayton-Bulwer treaty as much as wo.
may. It still Is on the international rec
ords of this country, and Is given more
or less recognition by the Administration
that has to deal with the question of tha
construction of an Isthmian canal. It had
been a constant source of vexation In con
nection with the, canal subject, and he
apprehended that It would continue to btr
such until that portion of It relating to
the canal should be disposed of. He was
satisfied, for Instance, that the canal
would have been constructed during th
Administration of President Arthur If th
old negotiation had not been In existence.
Chandler asked Frye to make Secretary
Hay's position with reference to resign
ing public but the Maine Senator de
clined, saying that he was only author-,
lzed to make the statement to the Senate.
Chandler retorted that to do that was
equivalent to giving it to the public, and
the Senate then lapsed Into a discussion
of the ways In which their executive se
crets get Into the newspapers.
Without resuming business In open ses
sion, the Senate, at 5:03 P. M., adjourned.
Montnna Ore Farchnslng Suit.
HELENA, Mont., Dec. 10. Judge
Knowles, in the United States Circuit
Court, today, granted a new trial of tha
case of E. Rollins Morse against the
Montana Ore Purchasing Company. The
question Involved was the ownership of
a rich vein of copper ore In the Michael
Davltt mine. In Butte, owned by the
nlainiff as receiver fnr tYti "Rutto X-r -R.-K-