' i r -; i A Vol. VII. HAXiEtG-H, 3ST. ,C., FRIDAY, MARCH 32; .1901 No. 102 ? Post I-'....'". ! i Defense Did Notf Submit Him to a Gross Examination Major Guthrie Opens for the Prosecution HAS SPOKEN 4 HOURS Vnd Will Conclude this Morning-Judge Clark Admitted that He Advised Treasurer Worth Not to Obey the Court's -Mandamus and that He Said There Would Be Three Vacant Seats on the Court If Writ Was Is suedThe Major Contends that Hoke vs. "Henderson Has Not Been Law Since Constitution Was Amended in 1876 .In Walter Clark of the Supreme foiirt. around whom the impeachment 5 riil iiii? leen revolving for the past !" li.'iys. was the stellar witness yes- lay before the Court. Th' expected sensational developments .1: not materialize: and after the prose- ;:i "ii was satisfied with a numl er of mentions, answers to which were K'-nipTly given, the defence contented ii-'it with a few simple questions which veil' ulrpcted to the witness. Th'iv wt-ie all kinds of reports as to the character uf questions that would he I'll i to Justice Clark, and there was t'ciifinl Mirprist wlrenMr. F. I. Osborne, h i o-k the witness in hand for cross f-x.-iniinatifn. announced that he could -taiid aside. The determination not to Toss-examine the witness was reached ft r a brief conference between coun sel Tor the defence. ImiJu'c ('lark's testimony was praeti-i-;iliy a -oiTohoi-ation 0f that given by the other Justices of the Supreme, Court, tlvuirh -it was dashed with a sufficient ;n,. mut ,,f jiiufi- to make it entfertain ,s,f: -'"'I' Clark revealed "court chat" v ln.-h was. new to the public. He ; was x;uimi(d hy (;,, T v Davidson. "ssihiy thf incident of the dav that :::ra-Hd most attention was a clash ';;iwet.ii ex-Governor Jams and Justice -i:irk. I lie judjrc was about to relate ' invrTaiion that took place between '.x-.vriii..r Jarvis and hinwelf in the 'I'lvine Court library relative 'to the iuini' f of WI.ir f(( mandamus at the out was considering it. Gov V' -liirvis interrupted the witness as was l..'gmuiu to relate the incident. ( aid ex-( Governor Jarvis, with some "! J' liii'-r: "Do you think it right ;" .'tad ;h, private conversation be """ ny . stent lemenV ud-o ( -lurk-"! do not insist, but I tr'uir-'"" tH1 1h" 1rnth audthe whole l-.x Governor Jarvis "You were not "in ,o ijaiTaje a private, conversation t f,:In5-,(i.!;,l'k. M'loted Justice Montgom- HILT 111 a CHirf ennforon " rnandanius was under coii- : i niajority was favoring !! v "i.-aiK-c: "Yon gentlemen, have a i-.arty bell Hid vou. I h:irf non "1 lid nse Viin tb witness said when he called f. " nave tiliM '"- his." X'''U1 ironierv "11 'Mle I. that "Jlldire roni-rrnTnorv . 1. nit in. i'iiii ri i'ut 11 hZfa 1 Asain he said that Judge said to him on the bench l"!M "I (lefv Ton ir " "stilli 1JV " mnii uj .iiHi ire s iJiark s ll- invariably referred to him orth. The witne-ss n,i.i;ffi uar !i .he-.v- treasurer not to .'tndt ;!'i '.,J,lrt.s inainlamus, and ho also 1 "e saw "tiiew will hthi-o ;:( s uver there when the lei- ill 'P! s reTeiriiig to the Supreme in !lu 'laini! lil'T. ;'hr- p bidg "? ovejt that the writ of man j'.Id he oI,eyed by- the Treas- nioi-e or loss surnris when i':m iition introduced three of the 'is as w,tnpsSPS Ti W l;!m l 111,... T . - J. . istin,, , X A- Jiaham. Their vrV1: to the oath Judg JiLlir.?-, r "k, h(t0" the Hose sub to hp' ' " mi,1V- It was understood inc .7 t Jl" I,u,'P08e of impeach- wt;,;r; ;';uf;"1 testimony. Th nn-li -un., ;,ll,,frt' Montgomery was ,h" ' "11.1,0. r ' ('i4he i nxrt than. Wore :iH,.i 1,', 1' 1 we three witnesses i,, ;V"Uo 'ontgomery took an rr,i-h pt,i .,, 'nuJittee to tell the - -. - - - - v The defeneo '1111,. .i brought out the- -Homgjmery .was not - - ----- i I cross-examined before tlii eommitteet but that he was submitted to a most rigid cross-examination before the court. . . , The taking" of testimony was concluded I early duringthe morning session, and at 11 o'clock Maj. W. A. (Tiithrie began to address the jury in behalf of the prosecution. Major Guthrie spoke four hours, and will conclude this morning, His conclusion will not require morem than twenty minutes. He wul be f ol-1 lowed by Hon. C. M. Cook for the de- tin rr v novi'iAti iriif ! speak for the prosecution. ir.; ii.-j.-uSi- 1 i tl Ti:, I .iHjor tuiuiic spout? tfwniueuii . xii . speech was full of interest and held the attention of Senators closely. It was a very abje presentation of the cause of "the prosecution. ' The trial will last until the latter part of next week. It is impossible now to tell when a vote will be reached. THE MORNING SESSION ' -- Judge Walter Clark a TTltneas, but W as Sot Croii'Examtocd "When, the court convened there were 47 Senators present. Gen. T. F. Davidson called the name of "Judge Walter Clark," after the "roll had been called. Judg Clark was in one of-the State offices and he was promptly sent for. . He was administered the oath and his examination was begun by Mr. Davidson,! "State what "position you occupy." "Justice of the Supreme Court." , "How often have you occupied that position' I was' first appointed in November, 1880. by Judge Fowle, and, I have occu pied it since." "AYhoni did you succeed?" "Judge Merrimon was appointed Chief lust ice, and I was appointed to succeed him. The following year I was nomina ted and elected. It was. afterwards held tiat was for an unexpired term, and 1 was renominated in 1804 for the pres ent teYm. S years." "Prior to that time, did you occupy any position in the St.nteV'V "I was Superior Court jdge from tne irth of April, 1SS5, and was in that position when appointed to the Supreme Court bench." ' "By whom was that appointment made?" - V "By Gov, Scales." "Will you state whtther or not you were a member of the court, and took part in the deliberation' and discussion of the question of oftice-holding cases, beginning with the 120th N. C, and coining down practically to the present timer "I have taken part in every discussion of the court since I have been there, except those on whieh I did not sit for personal reasons." "In all these cases you sat?" "Yes, sir." kTook part in the deliberations?" "Yes, sir." "Do you recollect the facts connected with the issuing of the mandamtw direct ed , to the Treasurer and to the Aud itor in the case of White vs. Auditor?' "I think I recall most of them all of the material ones." v - Judge Clark Tells of Whit Cas "Will you state them. with. all the cir cumstance's connected with them as they appeared to you as one of the judges of the court?"' "The first time the case came to my knowledge, it was docketed in our 'court I think about the 12th of December, and .a. motion , was made that day, or soon thereafter, to advance it as matter to be heard under Ilnle 14. It was advanced .and argument heard on ' the 10th. The case avus argued by Mr. F. II. liusbee on one side, and Mr. ,IiOge Harris on the .other. There was no point raised in the argument as to the mandamus. ,The sole matter discussed before us was as to the amount recov ered. When the case came up in con ference either that evening or the next day, ihe matter came up, and the other .Judges said it was merely a question of how much should be paid. When they got through, I told them that they wore mistaken that there fvas the-big gest point in that case that had ever come lefore our court ""before. Judge Fail-cloth remarked: 'The counsel raised, no point of that kind.' I said, they -did not, but it was my divty to raise it. I wns sworn to sunnort the constitution. and I thought this was a !most serioVis '! - violation of it. Yon tive men have re cently decided in Garner vs. Worth that 3"ou haye no constitutional power to issue this court cannot issue a mandamus totne , w"t-' Jtee Furches said: 'I bare the State Treasurer, and now you ask ftold you before it is your duty to issue if , wi,h;.ti f l& v;T.. -'rh, cM about it. lt-Avas not decided, "but went , i!5Slw it An( that u the last I know over to xne next term. ' . :onslderablr Discussed -J,The next term it? was discussed con siderably, opinions were Avritten, conn-! ter-opinions and finally on the 22 of . jiay me vyiuivu u iiit-u. ouun uxtfx the court agreed there was no mandamus - ji..: : . d,i "Soon after issued which; 1 simply , an . opinion j "Just before Colonel Kenan came in, AAhich speaks for; itself us printed in the; Judge Montgomery said: 'Gentleme'n, I books. - Soon after the court met on the bound to tell Colonel Kenan about 24lh of September, or thereabouts,' Mr. 'issuing this Arit. You, gentlemen, have Loge Harris came into court, and moved Lrfv Sj' behi yoK I HV-e n" fnn msndnmn ITp snid thp mnncv bdy elullil m- After Colonel Kenan for -a mandamus. lle said tne money went out l offered my dissenting opinion. Avas there, and he wanted a mandamus I said: 'Gentlemen, you have read my on the Treasurer to pay it. ; There was dissenting opinion and jrorest. and I some collocuy between him x. and ."the would like to tile it.' Objection was court, and finally the Chief Justice, I d. Judge Furches objected that think, asked him if he had served no- ;th' vverp ome cit&h in the dissenting ftn tht- nther side - He siid b hn.1 ,),nM)n as to the .tenor of the man tice on thner side, lie said be hod-da abd he marked that ITeUnd not, and the clerk was sent for and 3ndge Furches had prepared the man he stated he had not issued a mandamus, $i ,..'. and then he said notice ,had not teen I (Continued on 4ae six.) ' t ; j served, that , .we . could not grant it to 'jhim. I think Judge Montgomery re plied to him, 'You ought io' apply to the clerk.' The clerk was sent for. Mr. Harris came back on the Oth of Octo- Ier, and when he came back, Mr.Xook sat beside him, and Mr. Harrjs said he had served - notice, and the counsel on the other side, 3Ir. Cook, was present, and he again applied for a mandamus. The court, after some talk among them selves, I do not remember exactly, the conversation, asked him if he" had filed affidavits. He said he nad not thought it necessary, Mr. Cook being present'The money had not been paid, the' mandam us was not issued, and he wanted a' man damus. He was told that, as there were no affidavits filed, it would uot be issued, and he did not get (his man damus. Ills Talk to Col. Kenan . , "About Thursday, as we adjourned at dinner .time. (1. Kenan the clerk, met . aA K.l5li. sthoii l iivo . . ' . V j t rviAnoi f issue that mandamus i I said, Colonel, it lias been refused -bv the court twice. 1 do not think you ought to do it with- , -j. - 1 - a. TI- im auTuonxy 01 me couri. He said the other judges say I ought to do it, and I said. Col. Kenan, it is a very serious matter, and before you do it you ought to go to the, court and ask the court about it. The argument was the next Thursday at one o'clock. We met in conference on Friday morning instead of afternoon ,and while we were in con ference Col. Kenan came, and, as near as I can recollect, said he was very much embarrassed by the difference of opinion between the judges, that some thought he ought to issue the mandamus and I thought he ought not, and he sim ply wanted to know his duty. The Court Polled "He was in the service of the court, and would do whatever it wanted him to do. Finally he polled the "court. Judge Douglas was, as far as I remem l.ter, rather non-committal. . He asked Judge Montgomery," who was the same. He asked Judge Faircloth. who told him it was his duty to issue it; He asked 'me, and I (said: 'Colonel, you know my views, already.' Jfie asked Judge Furches, and he said: 'As an individual, Colonel, I tell you you ought to issue it, but as a judge, I ex'press no opinion.' He then turned to Judge Douglas, and my recol lection is that Judge Douglas used the same language that Judge Faircloth did. Col. Kenan said: 'I do not know what to do . . Col. KeuaasSatltfied' Finally, they had some further.; con versation, but Col. Kenan seemed to be satisfied. lie went out, and when we adjourned he was out there. I 'said to him: 'Col. Kenan, what are you going to do?' lie said: 'Judge, I will have to issue the mandamus.' I said: 'They did not tell yon to.f He said: 'I think they did.' I said: ''You had better be prudent about this matter, and before you do anything, give me time to write a dis senting opinion, and send it down to you. I telephoned down to George, our mes senger, and sent the f dissent down to him, about G o'clock that afternoon. About 8 o'clock the telephone, bell rang, and Col. Kenan calletjf me up and he said: 'Judge, there is no use sending that opinion. I will not issue the man damus .Avithout a written order. I said: CoI. Kenan. I prefer that you' should send them around.' On the next morn ing, as well as I recollect, I think it was Saturday, it may have been Monday, when I Avent in the library Senator Jar vis was present. I called him in the )nsultation room, and narrated to him as well as I remembered, what had hap pened in the- court room, that is, that Col. Kenan had applied for instructions, I had sent in a protest." Governor Jarvis Calls Judge Down Mr. Jarvis "Do you think it is proper to detail a private conversation between yor and me?" Judge Clark "Not if you object. Mr. Jarvis "I do not object on my OAvn account, but I do object to your de tailing any private coiiA'ersation." t Judge Clark "It is only because have sworn to tell the truth and all tha truth." GoA-ernor Jarvis "You were not sworn to tell the private conversation betweeuH gentlemen. I do object to. the introduc tion of this matter at this time while these respondents are on trial. I do not care what you say after this trial." Mr. Craig "I remind the gentleman that a private eonversation between the Governor and Judge Montgomery wft told yesterday." The P,reshlent "I sustain the obje$ Judge Clark "The next I iwaul iWttt thatniatter, as I remember now, W9 on-Tuesday afternoon wW.ii we 'Jer to file opinions. Colonel Kenan came ha with a paper in his hands. He said he wished to do his duty, find he wished fo .know what that Avas. He iicaHy polled the court again. Judge Douglas fold h im that it was his duty to' issue it. He -asked Judge Montiromerv. " ind Judge Montgomery used this expression: He said: 'I am bound to tell you; Colonel, of the issuance of the writ. Backed by Popliteal Party ; "What occurred either in that nnnfer- when these respondents were pres- enr - m YlPCt to Tour protest? Do ontgomerv's polled?" vn njuimun .111.1 VADI'PKSlOn AT . .1 1K1STR after the . court ' AA-as H 11 n Crowds Sit Up Waiting fyr Carnegie RUSH WHEN HE LANDS By Aid of ' Police He Dodges the Beggars He Talks 'with a Reporter, but De dines to Disclose His Plans Southampton, March 21. Andrew Car negie and family landed this morning from the steamer JSt. - Louis and pro ceeded to London. Protected by the steamship line agents and scores of po licemen, they ran the gauntlet of rthe crowds of assembled mendicants and en tered the train which Avas waiting at the empress dock. " . t 2no such great crowd has greeted an incoming passenger since Lord ' Rob ert's return from South Africa. Col- lege professors, peeking endowments for chairs of philosophy, jostled elbows with ... beggars ready to supplicate donations for artificial legs. College boys cheered and eager-eved representatives of Eng - lish cities, seeking donations for hora- . . . nes, fought, to get, near tne American steoi King. - . , In an interview Mr. Carnegie said: "Well, I am surprised by the interest you tell me my library gift has arous ed New York. I supposed greater atten tion would have been paid to my gift to the Carnegie workmen. - Why, they were equal in amount. The fund for the Car negie employes was announced first. You understand that I thought of them first, as it was my duty to do. ; "My Xew York library scheme is com plete as it stands. I looked for co-opera tion.' In fact, without giving him any intimation of my plan, I counted on Abram Hewitt, and I,am not surprised to hear that 'ho -hap -mrp yn te front to push the project." to .a-, successful is sue. He is the -noblest Roman of them all. New York needed branch libraries to work in x;o-openitiou with the Lenox Library, and the idea of providing a fund I had long under consideration." . When told that the enthusiasm aroused by his New York library gift had led to the mention 'Of his name in connection with : the mayorality nomination, Mr. (Carnegie laughed heartily. lie pointedly evaded the question whether hei would accept if the nomination -were tendered him, but1 he gave the impression that the very mention of politics, was unpleasant to him. "Have you any further philanthropic plans for immediate fulfilment?" he was asked. , "We shall see," ' he replied. "You knoAV I never announce these things until everything is completed." : . "Have you any intention of extending your munificence to the Old-World?" "In that I have nothing to say, -either. I am only commencing to give, and who knows what way I may turn? This I Will say, though, as you tell me I am to be pressed Avith requests over. here that, without wishing to be impolite, re quests never affect me, "no matter Iioav persistently -they are made. I giA'e on a , certain well-defined principle, and on my bAvn judgment as to what. is best for the general mass of tne class avuo Avant." .? Mr. Carnegie refused to discuss the steel trust, or other industrial questions. His party will remain in London only a few days, leaving for the Rivera. Most of the persons seeking gifts from Mr. Carnegie had been waitiug all night. The St. Louis did not get up to ber dock until 2 o'clock this morning. Then there Avas a mighty rush on the ship. The police had to be called on to drive back the crowds. Mr. , Carnegie had retired at 11 o'clock p. m.. leaving word that he was not to be called until 0 o'clock. - Among those who failed to catch Mr. Carnegie's ear was a '.Frenchman named Adam, who had come all the way from iiavre to demand $1,000,000 for the pur pose of raising an army to aid the Boers.1 Michael Hogan. an Irish patriot, was there to ask for $o,000.0(H with Avhich to free Ireland from British tyranny. He was moderately Avilling to accept :the sum in small installments. Winchester man Avas seeking a dona tion to buv his la-other an artificial leg. .Letters and telegrams trom an parts i of the United Kingdom had been arny- inr fnr-manv days. These Avere collect ed at the company's oftice. They filled a mail-bagvwhich was put. aboard the St. Louis by the. f ilot before midnight. The postmarks' alid printed designations on the envelopes justify a guess that ninety nine out of a hundred. of them contain requests for money. . : ."- Funeral of Captain Irwin Charlotte, X. C. March 21. Special. The funeral of Capt. John R. Erwin, ah ex-Confederate cavalry captain and soldier, took place today, the body being interred at Steel Creek, near Charlotte. Confederate veterans bore the casket of gray, the color for which the deceased had so bravely fought. -y $ Wolcott Story Denied Washington March 21. The announce ment from Colorado that ex-Senator Wolcott is to succeed Ethan Allen Hitchcock as secretary of. the interior was not confirmed at the AVhite Hpus,e today. While a positive oemal is not made the impression was conveyed that no such proposition has ever been made to Mr. Wolcott and that Secretary Hitch cock is; to remain in the cabinet:. The re port is, however,- emphatically denied, at thev Interior ijepartment, .where the statement ; was "made . today , that Secre tary Hitchcock; has no " intention of re tiring from office.' y . WADDELL WINS OUT Wi I m i ngton De m ocrats G i va - Him aJSecond Term Wilmington, X. -C.; March 21. Spe cial. In the primary election here today the Democrats -of Wijmington showed their preference for Hon. A. M. Wad ell for mayor for the next two years by giving him i,2t$J votes against 1,035 for ,his opponent, W. K. Springer. The con test was unusually warm. The city hall av as packed with people tonight to hear the returns. The announcement that Wraddell was elected was greeted with deafening cheers. Waddell made a strong speech, pledging his best efforts to discharge the duties of mayor with per fect 'impartiality. - - The Y. M. C. A. convention began its twenty-first, annual session here tonight. IteA. James 'A. Dorritee of ' Charlotte, led the singing. Walter C. Douglas, general secretary of i the Philadelphia as sociation, made a stirring speech on work for young men in the nineteenth cen tury. . '"' V . . . .. Reports Too Flippant Washington, March 21 The announce ment was made today that at a 'recelit meeting of the national board of Daugn- ,ters of the American Revolution, held in j Washington, it Avas voted to exclude representatives of the press from future 'congresses. The reason given is that eomplaillts have come from members of ! the organization in various parts of the ; country that the proceedings of the an.- j BaJ congress are reported with alto- jgether too much freedom in the newspa- ers ana that the delegates areTinade. to appear ridiculous. feome influential members of the national ooard, includ ing Mrs. 'Daniel Manning, -regard the press reports of the late, continental congress- as flippant in many instances and as n"ot reflecting credit on tne society. - 01 BREAK UP Kitchener Thinks They Are ,' Rapidly Weakening PHILIP BOTHA KILLED He Was a Brother to the Com- mander-in-Chief Party of Carbineers Ambushed and Forced to Retire , London, -March 21. According , to the latest advices from General Kitchener, Boer opposition in South Africa is rapid ly decreasing and the backbone of even the small army thai existed is broken. me. war omce receivea a cauiegram to day, sent from Pretoria yesterday by Kitchener, in which he states that Philip Botha, a brother of the burgher commander-in-chief, Louis Botha, has been killed in a figUt at Doornberg, and two of his sons severely; wounded. , - - This is expected - to put an end to organized operations in the section men tioned. General iKitchewer also reports that the Boer -'forces;' in Orange River colony have disbanded and scattered, and that comparatively ; little trouble is ex pected in that quarter heieafter. Ac cording to General Kitchener's advices, General DeWet is near -Heilbron, but it is not knoAvn boAV many men are, with him. .. , : . : , - " - -. '" A dispatch from Pretoria says that Tuesday night a party of Boers attempt ed to raid cattle at tne sanitary farm close to the city. x esterday morning ! t wen ty ' B ush veldt ca rbiiieers were sent in pursuit- of tne raiders ana tracked them to -Sheepoort. fifteen miles west. Sixty Boers, Avho had concealed them selves in the long grass on both sides of ithe poort.l opened fire' on-the unsuspect- hnndred- vards. During, the fight that follOAA'eu tne -oriiisu xiau oir mauKiiieu, and " it . is understood that several, were Avounded. It is also understood that the carbineers were forced to retire on ac count of the-superior "numbers of the burgher raiders. ." N - Unimportant engagements ; between small parties of Boers and British troops are reported in Pretoria almost daily. ; The - sixth contingent of ,the New Zealand- mounted rifles ; arrived in : Pretoria Aysterday., ;''-.j'V-V' :;:-;- ";. '". J FoundRelief:in Death Washington, March 21. Chafles H. Flemer, eighity-four years old, retired tmilder. committed- suicide today by I shooting himself in the head. For about two months ithe aged man had ben con fined to his room, suffering from a com nlication of diseases, and at times , his suttej-mg naa oet;n juieusw inai ne remarked he would welcome death., . , . . . Thinking of Adjournment Lincoln,. -Xeb., March " 21. The joint ramnirttpe' ii adjournment of the State Legislature, has agreed to reeommendi ,, hot h houses that final adjournment be 1 'taken Thursday, March IS. Hill Russians and British Agree to Disagree" THEY WILL NOT FIGHT Troops to Be Withdrawn from r the Disputed Ground and the" Question' of Title Re - served forlthe Future London, March 21. The quarrel be tween British and Russian troops over the possession of a railway siding at Tien Tsin. which : has promised to de A'elop into a serious aff air -involving -bloodshed, is now at an end. England and Hussia have reached an amicable understanding and Lord Lansdowne" has issued the following official ' announce ment i " .'', "Russia and England have agreed to withdraw ..their troops from the disputed territory at Tien Tsin and reserve the question as to who has the title to the disputed land for subsequent examina tion." ' ,':' V- r -"'-"'. A:St. Petersburg dispatch to Dalziel's News Agency, received this morning, says a 'semi-official" note 'has been issued in regard to the .trouble between i the Russians and British at Tien Tsin over the railway siding. The note declares that ' a commonplace incident has been so terribly exaggerated that it has as sumed the gravity of a casus belli. The trouble was due to the forcible manner "in which the British tried to obtain pos session of the disputel land , and which made it necessary for Russia to 1 order energetic action. V " : ; The note adds that the government feels sure that the trouble Avill be am icably settled. ' '-..- -, " 'v , .'-' A dispatch from Tien Tsin dated -yesterday says: - :-; .;".v'..:"r "The Australian contingent . and -' also the British outposts from the lines of communication are being brought in. The British under arms are guarding the set tlement. Serious developments are not expected."". . ; ' : A Tien Tsin dispatch of today's date says the situation there is unchanged. Both , British and Russians are abstain ing from any overt acts of hostility. The British have 1,000 Avhite troops on the ground. The Russian force is far smaller. v : . ' " ' , " Bloodshed Prevented . Berlin. March 21,-ecording' to"ad-i vices received here, Count 'on Walder see, during his brief stay in Tien Tsin yesterday, ' succeeded in his mission, which consisted merely in preventing bloodshed among the allied troops.. , Be yond" that' it is said in official circles, Germany will remain neutral. According to Russian accounts, which have reached Berlin, the question is not controversial;! the-Russian claims to the territory ? where the trouble occurred are indisputable. In addition to -the Rus sian flag being there, it is said, that Rus sian boundary marks were exhibited Avhich the British soldiers did not re spect. :. .' . CUBANlEislN . SNAP-SHOT PLAH Hasty Observations Tken by Congressman Burton : Washington, March-; 2f. Chairman Burton of the House Committee on Riv era and Harbors iid the members of the committee who recently visited Florida, and incidentally, made a-4rip to Cuba, have returned to the city. , The party, in cluded, besides the chairman and his Avife, RepresentatiAre-Morris and daugh ter, Representative Dovener . and Avife, Representative Mercer and wife, Repre sentatiyen Achison and wife, Rerresen-tath-e Sparkman and wife, Representa tive' and Mrs. Davidson, Representative and Mrs. Alexander, Representative Ball and Mr. Ellis, clerk of the committee. In addition to the committee, Represen tatives Gillett- arid Moody of Massachu setts were in the party. Chairman Bur ton, talked interestingly today with a re porter of his impressions of the Apolitical and industrial conditions of Cuba ob tained in his visit to the island. "It is very difficult," .said Mr. Burton; t'fsir. onv naTcAn trt f nrm ftnininnsi fit Tfl Ill( LUl OUJ J' ' . ' -. . . j. . J. f L!.L in a Drier xnp 10 a iwuiuj w,wun-u another language is spoken and which is inhabited by a race whose traditions and ideas are different from our own. The ideas as to conditions derived tby mem bers on this trip must be obtained at sec ond hand and from a very superficial ex amination. -,' " ' There is no indication on the surface of any -nnrest or probable disturbance. It is evident that conditions have great ly improved under American occupation, (ieneral Wood has dnne a great deal for. Havana, not only in revising Sanitary, conditions, but in effecting a number o reforms in civil administration iTa I seems to be enthusiastic iivhi.s Avork and is mauuesung a great ueai of ability and vigor. -On the evening just before ve left the members of the volunteer fir department, .700 in number, formed in parade and presented to him a valuable token at the governor general's residence! .What, makes this action the more sil nificant is the fact that the 7l0 members are all Cubans and a similar presentation uu iiul ueru luaue i ou,v one Knillij from out side of Cuba during the last twenty-eight years. "The bottom fact is they are a Latin race, with divers infusions, living in a tropical climate,, and. dealing Aviih tho Anglo-Saxon face, they have imbibed the 'idea that government is a system of tyranny , and plunder. 'We Avill har first to make them understand us. ; "Whether we look at it from tba standpoint 'of ultimate, anhexation not, I regard a period of independence fSas absolutely essential. Economic con siderations as wTelI as- political. are likely convince the Cubans that annexation op a very close alliance -is best for the fuiure of Cuba, but these are questions Avnich the future must determine. "Our . observations would lead us ta think- thatr the great majority of people in- (Juba take little interest in the form of government; but an actiA-e element, favoring- any political idea independ' ence or anything else would exert ai influence quite out of proportion to theip irumber. This is due to the indifference of the great body of the people. PETITION REFUSED Liberation of Political Prison v ers Out of the Question Manila, March 21. Constancia Tro blete and Fildmena DeLuna, represe,nt-; ing the .women's league, went to the pal- ace this morning accompanied by tire or' six hundred native women, and petition-! ed for the release of the political prison- ers. The women mainly belonged to tlis' poorer classes. A number of them car-j ried children, others carried American' flags, and the whole party cheered for' the United States. The petition was de-j nied on the ground that it 1 would only be possible to consider such a request ; when peace is declared. Colonel Schuyler, of the Forty-sixth 1 regiment,, has broken up a pirates' ren dezvous at Ternante, capturing eight of ficers,, sixty-eight rebels and 150 irrecon cilables who control many rifles. An of ficer and twenty-three men belonging to the force of General Trias, who ' gave himself, up a few . days ago, surrendered at San Francisco de Malabon yesterday V Seventeen .ipinos have been arrested at Naasin, iSorth Luzon. They ... were concerned in the capture last October by Jose Bnencamino of an escort belonging to the Thirty-fifth regiment. - ' '-) - '.. ; r ' ' . NEGRO IN LINE OF PROMOTION Benjamin Davis to Be a Lieu tenant in the Army Washington, March 21. Benjamin O. Davis, of the District of Columbia, ha the distinction of being thefirst; color ed man to pass the examinatiQn cipenf tc enlisted men of the regular army for ap pointment as a' second lieutenant, Th result .of the recent examina tion at Fort Leavenworth, Kansas, has just been re-' ceived at the War Department. Eighteen . enlisted men entered . the examination, including Davis, who is a sergeant ma? jor of the Ninth-cavalry. Twelve of-the number passed and Davis was third in the order. ' He made an average of 91 per cent. and. was particularly strong in international law and military scienc and tactics - :.;' ' -A Under ' the law . the - successful candi dates will be appointed to vacancies whenever they occur. i.n case of Davis' papointment he will be the first negro IH-ivate soldier to rise from, the ranks to a commission in the regular army; His remarkable success reflects credit j upon himself and the eolorea schools of. the Distrtci of Columbia in which he re ceiA'ed his elementary education. . . . -Or M Negotiations Suspended - Washington, March 21. Senor Corea, the Kicaraguan minister, Avas at trto State Department today to say good-bye to Secretary Hay before leaving .Wash ington this afternoon, for '. New. York, whence he will sail Tuesday in thu steamship Alliance for Nicaragua. Ho said that, there would be no. resumption of Nicaragnan Canal negotiations be tween the United States and his gov' eminent until next fall, , - o . ; Bank of England Profits TiOridon, March 21. At the semi-an nual meeting of the Bank of England today the governor announced that the net profits for the six months ended Feb ruary 28, were 723,596, 4 making thr amount of reserve at that date 3,750,- 341. After providing for' a dividend of K ...... XI 009 flit 1 ' .J t VCUfc UC V 17 iraa . T. , , -.- j l As to, the King's Oath K Iondon, March 21. In. the House of; Lords this evening ; Lord Salisbury-. moved the appointment of a joint cpni, mittee.of the House of Lords and House of. Commons to consider the question o Avhat declaration on the question of reli gion should be required from the ki1 on the occasion of his accession, an.-' whether the language could e modigeS without diminishing its ettieieney as sc. curity for the maintenance successions. - v.' ". .A : i. X V

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