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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