Weather To-Day: RAIN; WARMER.
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n lifs ihroat.
Gen. Eagan's Sensational Statements Before the War Investigation
Commission in Reply to Gen. Miles' Charges.
“WHOEVER CALLS IT EM
BALMED BEEF IS A LIAR"
Eagan Says that He Does Not Believe that Surgeon Daly
Himself thought that Chemically Preserved Beef
Had Been Issued to the So'diers, His
Own Report to the Contrary
Notwithstanding.
EAGAN ATTACKS
THE NEWSPAPERS
He Says the Implication that Packing Houses
Have Bten 0 eating the Government is a
Scandal Calculated to Ruin Thousands of
People-He Says if Gen Miles’ Statement is
Fats o , as He, Eagan, Declares it to Be, Mil°s
Should be Drummed Out of the Serve t and
lnca r cera‘ed in Prison Wish Other Lib Hers - j
He Says He Should be Denounced by Evry
Hunest Man, Barred frem the Clubs, Made a
Social Pariah from Whom Even the Bootblack j
on the Street Would Shrink in loathing--;
To *ll of Which Gen. Miles Refuses to Make
Any Reply at Present, and What A.clion He
Will Take is Unknown.
Washington, Jan. 12.— Commissary
mineral Charles P. Eagan*to-day reap
peared before the war investigating
commission to answer the charges of
General Nelson A. Miles concerning the
commissary supplies furnished the army
during the revent war. General Eagan s
statement furnished the sensation of the
war commission’s history and was re
garded by old army officers as one
of the most remarkable attacks eve*
made in the history of the service. Gen
eral Eagan’s statement to the commis
sion was a bitter personal attack upon
General Miles, so entirely unqualified
both as to scope and language that the
war commission on hearing its conclu
sion ordered a brief executive session
after which the doors were re-opened,
the witness was re-called and business
resumed in the general way.
The subject in controversy was Gener
al Miles’ already famous “embalmed
beef” testimony and the letters and
documents supporting it.
General Miles had charged that the
canned and refrigerated meats sent to
the army in Cuba and Porto Kico were
unfit for use. that they were preserved
by the use of chemicals and that they
hud been bought and sent to the army
under pretense of an experiment.”
' This reflection upon both the ability
and honesty of the Commissary Depart
ment had angered General Eagan and
caused him to request to be recalled to
reply to General Miles’ charges. That
his statements concerning the Command
ing General were not the result of a
sudden outburst of passion was clearly
shown by the fact that General Eagan
read his remarks from a carefully pre
pared typewritten copy.
Not the least, remarkabe phase of,
General Eagan’s statement was the lan
guage in which it was couched. There i
was scarcely a phrase that would not
have been characterized as sensational
in an ordinary official utterance.
General Eagan after the hearing was 1
over refused to sny whether he had any
further move in prospect in forcing an
issue between himself and Genera!
Miles. “I have said all I intend to say
for the present,” be replied, “and it
anyone wants to bring the matter to a j
court martial I am ready for that too, I
sis I have already stated before the e on- ;
mission.”
As soon as the nature of General Ea- j
gan’s statements became known sitteu- I
timi was directed to army headquarters
to ascertain what move would be made
by General Miles. The latter, through
Col. Michler, his chief aide, beyond j
saying that lie had stood for the soldiers, !
declined to make any statement, saying !
that now was not the time for talk and
that before taking any action it wonbl
be only proper and necessary to wait !
until he had had an opportnirty to re- ■
eeivo through the regular channels and i
to consider the testimony furnished b\ j
General Eagan. lie would not talk
about a court martial. Altogether the
intimation conveyed was that General
Miles would act with deliberation if lie
decided to take any action at all; and
The News and Observer.
IBM ism GAUM HUES ON NEWS AND WOTlim
there was a faint suggestion that be
might decide to ignore the statement al
toget her.
Os course a decision to that effect on
the part of General Miles would termi
nate the incident. But should he de
cide to take notice officially of the nt
taek the next step would he for him
to prefer charges with the Presid nt
against the Commissary General. These
might be based on several technical
grounds, such for instance as conduct
tending to the destruction of good order ,
and discipline. It would be for the I
President to pass upon tli, de- j
mand and he might adopt one
of three courses: i. e., refuse it; grant it, [
or instead ord r a court of inquiry. In
this latter case the body would have the j
power to go into the question of veracity
which lias been raised, and in fact the
conduct of both Generals would be prac
tically under exa initial ion.
In beginning his testimony General
Eagan referred to the fact that General
Miles hid refused to be sworn, and com
mented on the fact that he was the nnl
one of 500 witnesses who had so refused.
General Eagan said l e himself preferred
to be sworn.
General Eagan called attention to Gen
eral Mile's’ appointment of Major John
I >. Black, a civilian, as his chief of stiff,
and said that this was largely rcsponsible
for the troth!.* that followed. lie said
that Mam.* Black hoi been fun’-Tied
$5,00 before starting for Porto Rico andj
that he had apparently not known enough
to provide himself a check book and had
not left his signature with the Secre
tary of the Treasury nor made any other
preparation for availing hints.lf of the
funds at his command. There were ex
perienced disbursing officers in the is
land who had in the aggregate over
$400,000 in their possession, and yet
General Miles had complained that there
were no paymasters in the island so that
the soldiers had no money with which
to buy food for themselves. General
Miles had called on the Department to
put $50,(100 more in the hands of Major
Black, and this General Eagan declined
to do, putting SIO,OOO to Major Black’s
credit in New York.
General Eagan referred to the contro
versy between himself and Genr.il
Milps regarding tin* condition of affairs
at Tantpa, claiming that General Miles
had ignored his requests for an inquiry
as to the authenticity of certain state
ni nts.
“It was such indifference as this,” he
said, “that had given license to tin* yel
low journalistic knaves who had misrep
resented and hounded Government offi
cials throughout the war.”
General Eagan further stated that pa
pers had mysteriously disappeared front
the files of the War Department.
Witness charged General Miles direct
ly with disarranging and hampering the
administration of the War Department
by calling off officers from duty where
tlu'lr presence was absolutely necessary.
Gi acral Eagan said the Commanding
General went clearly outside his powt r
in doing this and intimated that General
Miles was moved to do so by the ignor
ance and inefficiency of his own ap
pi.'.ntoo. Major Black, who was supposed
to he the chief commissary officer on
General Miles’ staff.
General Eagan referred to General
Miles’ testimony that he had “tele
graphed the 1) partment from Porto Rico
for complete and proper rations.” and
said that 'if the Commissary General’s
officers had received any such message,
they should have considered it the re
quest of a “very Ignorant and ill-inform
ed person.”
Continuing General Eagan referred to
General Miles’ expressed preference for
native beef, of which he said there was
plenty, assorted there were no cattle
whatever in the neighborhood of San
tiago. The native beef General Miles
referred to, General Eagan character
ized as stags, runts, bulls and over
worked cattle. The use of such animals
the Department would never allow. Gen
eral Eagan, quoting General Miles’ al
legation that in his judgment there was
some serious defective refrigerated and
canned beef, said General Miles would
not say this was anything more than his
judgment.
“Whovevor,” said General Eagan,
“calls it embalmed beef is a liar.”
Citing the reports submitted by General
Mill's in covroboration of bis charges.
General Eagan submitted whether or not
kis course of s. curing these reports would
not be construed as seeking adverse re
ports. He cited Generals Merritt and
Shatter as approving the beef. “News
paper stat me nts emanating from Gen-
RALEIGH* N. C M FRIDAY MORNING, JANUARY 13, 1899
•ml Mlies that 190,000 pounds of tho
hoof wore condemned at Porto Rico are
absolute falsehoods. No such quality
was condemned there or elsewhere.”
Witness said Surgeon Italy's report
that the beef apparently was injected
with chemicals to aid in preservation was
a “falsehood and lie made it out of whole
••loth.” lie denounced assertion
that chemically prepared beef had been
issued anywhere and ai d he did not
believe Surgeon Ilaly had that belief.
“Why.” he asked. “d : d he shirk his
duty, why not then make chemical
analysis* and why keen this informa
tion to himself and ihen soring it sudden
ly on the commission and the whi'e
country, and imply that packing houses
have been eliciting 11:•* Government and
violating their contracts. \t no time
did he inform the Commissary General
or the Secretary of War of these things.”
“This.” continued the witness-, -j* a
scandal, calculat'd to rum thousands
of people and discredit and put in in
famy one of the greatest industries in
the world.
“General iVDles was asked by your
commission how tinned fresh beef be
came a part of the army enlions. His
answer is ‘You had better ask the Sec
retary of War or the Commissary Gen
eral. I think they can toll you. I
know it was sent to the army as food
and the pretense is that it was sent
as an experiment.’ General Miles in
saying that tins food was sent to the
army as ‘a pretence for experiment’
says that which implies corruption
which 99 out of every 100 people will
understand to mean corruption. This
is a serious charge which should u •! be
made by any man lightly m.r without
ample evidence to support it. Taking
the statement in the sense that it was
probably intended, the sense that will be
accepted by the country at large, the
sense that already the press almost
wholly of the United States has accept
ed it —indeed some of that press because
of it, ended for my dismissal from the
army and my court martial—l answer
that it was not furnished under the pre
tense of experiment, nor even as an ex
periment. and when General Aides
charges that it was furnished as a “pro
tense of experiment’ he lies in his throat
lit* lies in his heart, he lies in every hair
of It its head and every pore of his'lHtdy:
he lies wilfully, deliberately, intention
ally and maliciously. If Iris statement
is true that this was furnished under
‘pretense of an experiment,’ then I
should be drummed out of the army
and idlccerated in State’s prison. If
his statement is false, as 1 assert it
to be. then he should he drummed out
of the service and idlccerated in prison
with other libellers. His statement is
a scandalous libel reflecting upon the
honor of every officer in the department
who has contracted for or purchased
this meat, and especially and particular
ly on the Commissary Genera! —myself.
In denouncing General Miles as a liar
when he makes this statement, 1 wish
to make it as emphatic and as coarse
as the statement itself. I wish to force
the lie back into his throat covered with
the contents of a camp latrine. I wish
to brand it as a falsehood of whole
cloth without a particle of truth to sus
tain it, and unless he can prove his
statement he should lie denounced by
every honest man, barred from the clubs,
barred from the society of decent peo
ple, and so ostracised that the street
boot black would not condescend to
speak to him. for he has fouled bis own
nest. In* has aspersed the honor of a
brother officer jvithout a particle of evi
dence or fact to sustain in any degree
his scandalous, libelous, malicious false
hood, via: that this beef or anything
whatever was furnished the army under
‘pretense of experimen*.’ ”
General Eagan referred to the pub
lished interviews of General Aides and
the correspondence between them as to
their authenticity. General Alibis having
made a non-committal reply. The wit
ness then said:
“When a man refuses to deny a libel
or falsehood or a statement attributed
to him it is well known that he assumes
the matter. When he avoids the ques
tion the supposition is that he cannot
deny it. My question is not answered
yet. He has denied tho interview, -pub
lisher] in the New York Journal, dated
December 23 d, IS9B, and having refused
to distinctly deny it, he should be held
to the strictest accountability for it. If
lie made these statements as set forth
then, then he lied again, and if he made
the statement that 'pretense is the pre
cise term to bemused’ (as he said then,
referring to the ‘experiment’) then he
lied with as black a heart as the man
who blew up the Maine possessed, and
In- deserves to be characterized and
known to America and Europe where his
statements have gone, as being the co
lossal, prodigious liar of the nineteenth
centqry. I submit to this commission
and to the whole country that this ac
count of an interview with hint in the
New York Journal going uncontrndicted,
undenied, and when the opportunity was
given him a refusal to deny it in terms,
places upon him the onus and respon
sibility for the statements in that inter
view. which statements I here and now
denounce as unmitigated falsehoods vile
and slanderous, so rdnnduftms that they
can be only called filth; I submit to
this committee and to the country at
large whether it is the characteristics
of an honorable man to permit such
statements as are made in this alleged
interview with General Miles in the New
York Journal, dated Decemlier 23d,
1898. to go uncontradicted, if untrue,
and whether or not it is not the first
duty of a gentleman, an honest man,
an honorable man, to deny such base
falsehoods as are to be found in the
article 1 refer to. if they were not made
by him.”
This interview was headed as follows:
“Miles makes grave charges against
tin' Administration: Poisons used in beef
made the soldiers ill; tons of bad mrat
sent to troops in Porto liieo.”
Referring to another published state
ment “that General Aliles had sent or
had found necessary to send a serious
reprimand to the Quartermaster Gen
eral, iln- Commissary General and the
Chief of Ordnance for cpnditioiit* that lie
found in Tampa,” General Eagan said
no such reprimand was sent and yet the*
story was allowed to go uncontradicted.
“This nm-ontradicted story of a rep
rimand to the heads of three of the
most important departments of the ar
my,” he' continued, “aided as much as
anything in exciting the yellow journal
press, tin* knaves of so-called journalism,
to harmsb and vilify and libel the con
scientious, able and hard-working offi
cers at Washington.”
General Eagan referring to newspaper
attacks asserted that the Secretary of
War had nothing whatsoever to do with
tin* furnishing of refrigerated meats or
tinned meats, nor had he attempted to
control the contracts, awards or pur
chases, and in this connection in heated
language lie attacked three New York
newspapers and their editors and pro
prietors whom, he said, should be in
dieted and tried for treason to the Unit
ed States during this war, as giving
aid, comfort and information to the
public enemy for the sole purposes of
gain.
“Were 1 a man of wealth or means,”
he protested, “I would take this subject
iqi myself. I would put journalistic
knaves, purloiners of the secrets of the
Government behind the bars where they
belong.”
Gncral Eagan made a vigorous attack
on the Inspector General's Department
in connection with this investigation.
Referring to Inspector General Breck
inridge's investigation. General Eagan
pointed out various reports of influences
that have been published, and quoted a
telegram he received on January Ist
from Lieutenant Colonel A. L. Smith,
depot commissary it Havana, as fol
lows :
“Commissary General, Washington.
“Guild, Inspector Seventh Corps, or
dered by Breckenridge to inspect and re
port on all meat, and request samples.
1 will, without further instructions, de
cline to recognize Breckinridge’s author
ity, but wiJ personally show all stores
desired unofficially
(Signed) ' “SMITH.”
“Colonel Smith is an old experienced
officer, said General Eagan, and “not
knowing there was anything like a
game in progress, he stood upon the
regulations, and from a strict military
point of view properly refused this im
proper course unless he had evidence
that it was authorized, as it should have
been, by the Secretary of War. For, it
can be readily seen mat if this sort
of ox-parte examinations is made and
cx-parte reports solicited no man’s repu
tation is safe, every man's character
may be put in jeopardy; designing people
might ruin Christ even, if lie were here
to-day. But as I believed this course not
only improper and not contemplated by
the regulations, believing further that
it was a trap to produce just such a re
fusal as Colonel Smith made, I replied
to Colonel Smith the same day. saying:
“ ‘You will not stand on SOS army
regulations, but you will allow meats
and every article of subsistence stores to
be inspected by .Smith, and if necessary
to be inspected twenty times a day. In
form Guild, inspector of this dispatch.
Furnish copy of this dispatch to every
commissary in Cuba for their guidance
and in compliance in similar cases.’
“I had no right,” General Eagan ex
plained, “to send that dispatch, but took
it upon myself to send out this authority,
fearing a refusal would be interpreted
by the world at large that the Depart
ment was afraid of any and every kind
of investigation. When I informed the
Secretary of War the following day, ana
he understood and realized that the In
spector General, doubtless at the insti
gation of the Senior Major General of
the army, was inaugurating a system
of inspection, not contemplated by the
regulations, nor authorized by proper au
thority, he promptly informed me he
would not have approved my course, al
though he thought perhaps I was right.
This inspector General Breckinridge has
recently addressed letters direct to offi
cers of my Department calling for re
ports to him about the various articles
of food furnished the past year to the
army. He does this without the au
thority ot the Secretary of War. In
effect we have in this two officers of the
army—General Miles and General
Breckinridge—who take upon them
selves to investigate matters pertaining
solely and exclusively to tho Secretary
of War; to call for ex-parte reports, and
to do this directly, not through the Ad
jutant General of the army, but direct
and without the knowledge of the Sec
retary of War or the Adjutant General
of the army. Your committee will read
ily see at once how far this thing has
gene* and to what extremes these men
go to establish and make a case.”
General Eagan referred to the reports
from officers and submitted by General
Aliles, as irresponsible statements, and
said that few army officers “would take
advantage of the situation to make state
ments which they knew there was no
power or means upon earth to disprove,
because the substances they spoke of
have passed out of existence, the proofs
are gone*.
“Having traversed General Miles’
statements.” General Eagan said, “hav
ing shown him to you to be a liar, having
(Continued on Sixth Page.)
THE FILIPPS
.(fit lILDISG
Sink Lighters to Block Chan
nel at Iloilo.
DISORDERS REPRESSED
REFUSE TO DEAL WITH THE
AMERICAN’S.
ANOTHER CONFERENCE 13 DESIRED
Ihe Situation at Manila is Critical- Otis
Reports it Quiet--Rebels Will Accept
Arntrican Protectorate to be
Followed by Independerce.
Manila, Jan. 12.—The situation at
Iloilo is unchanged. The Filipinos are
unceasingly active day and night. On
Saturday they loaded some lighters with
rock and sank them at the entrance of
the river, blocking the channel for all
vessels with the exception of launches.
All the lights have been entinguislied.
Order, however, is maintained with
severity, and offenders are promptly
shot.
On Sunday one of the Arizona’s boats,
manned by soldiers, was carried by the
ebb tide to Quimaraes Island; and while
attempting to laud there armed natives
assembled on the beach and compelled
the Americans to retire.
The Filipinos refuse to have any deal
ings with the Americans, vegetables and
fruits are not obtainable, Business is
suspended, and the warehouses are full
of rotting sugar.
At Alunila the situation is critical, but
pacification is possible, in spite of the
unyielding attitude of the Filipinos,
It is reported that the rebel Govern
ment at Malalus is willing that the
Americans should establish a protecto
rate, on the condition that they promise
to give the Filipinos absolute indepen
dence within a stated time. It is also
said that the Filipnos will demand offi
cial recognition.
Efforts are being made to bring about
another conference with the rebels. The
educated Filipinos are anxious to avoid
trouble, and it is hoped that the militant
Filipinos will recede before wiser coun
sel.
In tile meantime the tension is extreme
on both sides.
TEN VOLUNTEERS DESERT.
Hoag Kong, Jan. 12.—The Filipinos
here say that ten American volunteers
jumped overboard from the transports
bound from Manila to Iloilo, swam
ashore and said they had not volunteered
to fight Filipinos. The report is not
confirmed.
A CABLEGRAM FROM OTIS.
Washington, Jan. 12. —The Secretary
of War w as much gratified this morning
by the receipt of the following cable
gram at 7:20:
“Manila, January 12tli.
“Adjutant eneral, Washington.
“Conditions apparently improving.
Citizens feel more secure. Many natives
returning. City quiet and business ac
tive.
(Signed) “OTIS.”
TROOPS* RETURN TO MANILA.
London, Jan. 12. —The llong-Kong
correspondent of the Daily Mail says
that five thousand additional Americans,
who embarked for Iloilo, have returned
to Alanila.
MANILA IS THREATENED.
London, Jan. 13.—The Hong Kong
correspondent of the Times says:
“The Filipino refugees insist that
Aguinaldo will regard a landing of the
Americans at Iloilo as a declaration
of war and will immediately attack Ma
uila. Hi' has already warned the for
eigners, including tho Spaniards, of his
intention, offering them a safe conduct
into the provinces. The American au
thorities still exercise a strict censor
ship at Alanila over all press messages.”
The Alanila correspondent of the
Morning Dost telegraphing* Thursday
says:
“The situation is much quieter today
The conference between the represents
fives of General Otis and Aguinaldo hi.f
helped to alter the excitement, and the
Filipino newspapers are milder in tone.
There is hope of a peaceful settlement.
The insurgent Government is now en
gaged in considering the preparation
of a definite proposition as to what they
desire from the United States.”
DEPEW CHOSEN FOR SENATE.
Republicans Unanimously Put Chauneey
Forward as Their Candidate.
Albany. N. Y., Jan. 12.—Cliauueey
M. Depew was unanimously chosen as
the candidate of the Republican party
as represented in the Senate and As
sembly, for United States Senator, at a
joint caucus held in the Assembly cham
ber tonight.
There was very nearly a full attend
ance of members of both houses. The
election will be held in both houses next
r I uesdny and on Wednesday both houses
will meet, iu joint session to declare the
results.
The Democrats have renominated Mur
phy to succeed himself. They are in
the minority iu the Legislature.
HOUSE I'OES TO EXPANSION.
Passage of Diplomatic and Consular
A Ml iropriation Bill.
Washington, Jan. 12.—The House to
day pin sued the diplomatic and consular
appropriation bill without amendment.
This is the sixth of (he regular appro
priation bills to pass the House. The
bill, as passed, carries ,81,70.*>.7)33. Seven
budgets yet remain to be acted upon.
During the tenoral debate to-day two
set speeches/were made against impe
rialism by Messrs. Carmack and Gaines,
Democrats, of Tennessee.
Mr. Canuaek protested against launch
ing this Government on a career of con
quest and criminal aggression. The
President, ho declared, was now waging
war upon his own responsibility for Ills
own purposes. While the war against
Spain has been blessed of Goil, this war
for the conquest of the Philippines was
a crime against liberty and the curse
God was upon it.lt revolutionized every
tradition of the republic. It was being
mitered upon thoughtlessly and reckless
ly without considering the cost. It
was in utter contempt of the solemn
warnings of the greatest and wisest of
our statesmen. The Hag was to be kept
floating over the Philippines, but not a
single freeman was to stand beneath its
folds. A country that was not tit for a
free man’s home was not fit for a free
man’s flag (Democratic applause). He
spoke of the tremendous cost distant
possessions would entail upon us, draw
ing his illustrations from the countries
of Europe. England, he said, expended
one-thiril of her revenue for the cost
of past wars and one-third in preparing
for future wars. Only one-third was
expended to meet the current necessities
Os Government. But more than the
monetary cost, said he. would be the
loss of our sense of security and peace
of mind. War would threaten us con
stantly and to meet it we would have
to be armed to the teeth on sea and
land. Once a nation tasted of colonial
empire it became a passion. The appe
tite was never satisfied. Yet cne of the
world’s greatest men had declared that
colonial empire had never been a source
of power to any country. Macauley af
firmed it. Lord Beaeonsfield declared
that England’s colonics were a mill
stone about her neck. He referred sar
castically to Secretary Gage’s alleged
statement that Christian civilization and
five per cent profit could go hand in
hand. Ho wanted to know if we could
serve God and Alanton at the same
time. Ah\ Carmack was liberally ap
plauded and congratulated by his collea
gues w hen lie concluded.
Mr. Gaines followed with an argu
ment against the power of the United
States to acquire territory except for
the purpose of making States of such
territories.
On motion of Air. Lacey the bill to ex
tend the scope of the fish commission
to game birds was sent to conference
after a motion to postpone tho bill indefi
nitely lind been voted down, 3t)—7l.
At 5:10 p. ra. the House adjourned.
SENATE PROCEEDINGS.*
Washington. Jan. 12. —Little business
was tranaeted by the Senate in open ses
sion to-day. Sixteen bills on the private
1 ension calendar were passed and a
joint resolution extending the thanks of
Congress to Aliss Clara Barton and oili
er officials of the Red Cross Society l’< r
their beneficent work in Armenia and
Cuba was adopted.
After the bills on the pension calendar
had been cleared awiy the general cal
endar was taken up. but was considered
only a few minutes when at 1:10 p. in.
on motion of Mr. Davis the Senate wont
into executive session.
At 5 o'clock the Senate adjourned.
GREAT BATTLE WITH ARABIANS
Turkish Troops Capture an Insurgent
Position-—lmmense Loss of Life.
Constantinople, Jan. 12.—A great bat
tle has been fought in the Yemen divis
ion of Arabia.
The Turkish troops stormed and cap
tured the insurgent, position at Shanel
on November 30th.
About. 4,000 insurgents and 2,000
Turks were killed or wounded.
A dispatch from Constantinople on
December 2d said it was reported that
there had been renewed fighting in Yem
en anil the Turks were said t» have
suffered a serious defeat between Hodei
da and Sana. Trouble between the
Turks and Arabs in that part of Ara
bia has been in progress for over four
years.
TURKS ORDERED TO ADVANCE.
London, Jan. 12.—Special dispatches
from Constantinople say that after the
battle at Shanel. a further Turkish ad
vance was ordered. Abdullah Pasha,
commanding the Turkish troops, was di
rected to capture Sasbeh, the headquar
ters of an important insurgent leader,
one hundred and fifty niilcis northwest
of Sana. All the commanding positions
in that vicinity are occupied by rebels,
and as the Turkish troops are deserting
the operations are likely to he prolonged
and difficult.
The trouble in Yemen is one of old
standing, and the rebellion against
Turkish rule has spread throughout
Iladsehin and other districts. *
COLONEL RANKIN’S DEATH.
Burial of the Gallant Old Soldier Will
Take Place To-day.
Greensboro, X. C., Jan. 12. —(Special.)
—Colonel W. S. Rankin, of this city,
died this morning at the age of 02 years.
Colonel ltankin was promoted from
Lieutenant of Company M, Twenty-
First North Carolina regiment to Lieu
tenant Colonel, being promoted step by
step, each time for some special act of
bravery. Colonel Rankin will be interr
ed in the old Presbyterian cemetery to
morrow at 2 o’clock. < l
THIRD EDITION:
PRICE CENTS.
iliE BULL-CALF BILL
Discussed Yesterday by the
House.
COURTS SAY IT’S NOGOOD
WILL TRY TO MAKE IT HOLD
WATER.
THE JUDICIARY COMMITTEE HAS IT
The Pamlico Contest Made the Special Order
for N;*x? Wednesday- The Proposed
Changes in Libel and Di
vorce Laws.
The d bate in the House yesterday
was on what one of the members irrev
erently called the “Bull-Calf Bill.”
It came up on an act introduced by
Mr. Barnhill, of Pitt, amending section
2.337 of the Code, which provides that
when cattle* are killed by a railroad in
certain counties it shall be a misdemean
or for which the officers of the road and
tin' employes on the train shall be in
dicted. It is provided further, however,
that the question of damage may, within
six months, be referred to throe Commi
ssioners and settled out of court.
Mr. Barnhill wanted Pitt county in
cluded in this law. He said there was
much litigation in his county over the
claims for cattle killed by the railroads,
and the people were put to great expense
and trouble to collect damages through
the courts. As a r suit they often
abandoned their claims rather than prose
cute them.
Mr. leather wood gent forward an
amendment adding to the bill the county
of Swain.
Mr. Robinson, of Cumberland, ex
plained that this section of the Code
had been decided unconstitutional by the
Supreme court in the case of State vs.
Devine. He therefore moved reference
of the bill to the Committee on Judi
ciary.
The House refused to refer, by a de
cided vote.
Mr. Allen, of Wayne, said he was
sure it was not the disposition of any
body in the House to authorize local
legislation. But the Supreme court had
already declared this law void and in
capable of being enforced, and he
thought the legislature would hardly
like to be put in the attitude of putting
on the statute books laws that have al
ready been declared unconstitutional.
Mr. Leatherwood had no objection to
a proper reference of the bill, but be
wished to state that his people had been
annoyed a great deal by the killing of
cattle and then having to prosecute their
claims in court. Many of them had
abandoned their eases rather than go to
the trouble and expense of the suit.
Mr. Ray said that the Dill had been
carefully considered by tho Commi ttee* on
Propositions and Grievances —and though
there were not many lawyers on the*
committee the few on it were good ones
-and they had found that only the
criminal part of the law was unconsti
tutional. He*, however, had no objection
to reference' of the bill to a proper com
mit! ee. .
The* end of the discussion was that
the* vote refusing to re*commit was ro
oonsidered. and the bill was refect'd to
tin* Judiciary Con”” : “"f
Another matter that consumed con*
s .ici-able time was the* reading of the*
•'vid' nee in the contest case of Dce*s vs.
• Paul, from Pamlico county.
' The* report of the majority n*e*omrneivd
ed the passage of a resolution to the ef
fect that George Dees, the onrte«tnnt.
and not Dudley Paul, the sitting mem
ber. was entitled to the sent.
When the House was on the point of
faking a vote on this resolution. Mr.
Petrie, of Stokes, who had filed the
minority report, awarding the seat to
Paul, asked for the r e-iding of the evi
dence.
After about one-fourth of been
read, consuming half an hour. Mr. Over
man said from what lie had heard of It)
the contest was a very important one.
He therefore moved flint further read
ing ot the evidence Ik* dispensed with
and both the majority and minottty re
ports. with the evidence, be printed, and
consideration of the contest be made a
special order for next Wednesday. It
was sreordered.
Perhaps the bill of most importance
ami general interest among those intro
duced yesterday, is that of Mr. Macin
tosh, of Alexander. It amends the law
in regard to divorce by creating a sep
arate sub-section for section 1.285 of the
(’ode, providing a complete divorce m>ou
separation following cruel and barbar
ous treatment outside of th** State.
The sub-section reads as follows:
“Section 1. If the husband, having
married a citizen of North Carolina,
shall remove with her to any other
State and. while living with her in such
other State, shall by cruel or barbarous
treatment endanger her life or render
b r condition intolerable or burdensome,
the wife shall, upon returning to North
Carolina and residing therein separate
and apart from the husband, for the
period of twelve months, be entitled to
an absolute divorce, to be decreed by
the courts of this State: Provided, First:
That in the event of divorce granted to
the Wife for the causes specified in this
act, the husband shall not remarry dur
ing the life of the wife: Proviib il. Sec
ond: That the husband and wife shill
be competent witnesses to testify in their
own behalf as to all facts within their
knowledge, pertinent to the issue.
“Section 2. That) this net shall apply
(Continued on Second Page.)