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ESTABLISHED 1887.
LAWYERS IN SESSION
Tire Americm Bar Asscciation’s
Annual Meeting.
. LORO RUSSELL IN ATTENDANCE
President Storey Delivered His
Regular Annual Address
INVEST.GATING R. R. ORGANIZATION
Great Britain** Chief'lastice Greeted With
Hearty Applause When ffe Entered the
Hall— The President of the Association*
Moorefield Storey of Boston, Delivers
His Annual Address.
Saratoga, Aug. 19 —There was a
large attendance in the convention hall
at the opening of the nineteenth annual
x 'meeting of the American Bar associa
tion. When Lord Russell, Sir Francis
Lockwood and Montagu Crackenthorpe,
together with their ladies, entered the
■* hall, they were greeted with hearty ap
plause. Judge George S. Batchellor es
corted them to seats at the front and
near the platform. The president of
the association, Moorefield Storey, con
ducted Lord Russell, Sir Francis Lock
wood and Montagu Crackenthorpe to
seats on the platform. Among others
honored with seats upon the platform
were J. Randolph Tucker, Edward J.
Phelps, William Allen Butler, Henry
Hitchcock, Austin G. Fox, Charles
Claflin Allen, Francis Ruwle and James
C. Carter.
President Storey called the associa
tion to order and delivered his address.
He reviewed the most noteworthy
changes in statute law on points of gen
eral interest made in the several states
and congress during the preceding year.
While the year had been marked by dis
content among the people, the laws only
show peace. Discontent did not effect
legislation. There was a noticeable
growth of a disposition to assert the
. general interest of the community at
. the expense of the individual freedom.
He cited such legislation as the collate
ral inheritance tax, the graduated in
come tax, the graduated tax on tlfe es
tates of deceased persons and the char
acter and number of the uses for which
r money is raised by taxation. Most, of
the address is devoted to railway reor
ganization, reviewing a statute of Ken
tucky which enables courts to protect
investors by making every railway re
-organization on the subject of judicial
investigation. Mr. Storey said:
President Storey’s Speech.
The failure of a railway company finds
the managers prepared for the emergency
which they have foreseen, while it finds
the creditors scattered, ignorant, fright
ened and unready to act. We have seen
managers, while stoutly denying up to
the last moment that any such step was
contemplated, secretly prepare a bill, and
without notice to those interested, file it
in court. These proceedings have been
coflusive, The managers of these insolv
ent cbmnanfes have controlled both sides
of the litigation. Bills filed state that the
company cannot meet its obligations and
that thus the system will be disintegrated
and that the solvent company suffer.
Upon this allegation the company asks the
court, in the interest of the debtor, to de
prive the creditors of their rights.
After an extensive contest the self con
stituted reorganization committee appears
and bondholders are offered their choice
between a contest conducted at great dis
advantage and expense and the acceptance
of such terms as may be. While in theory
they could not accept, in fact they do not
dare to refuse. The expense of the reor
ganization has been in many cases enor
mous, and in fixing it there is no one to
1 audit the accounts, no one to represent the
creditors who suffer while the trustees
profit. Whenever an agreement is reached
the obstruction ceases. The foreclosure
moves swiftly and the officers of the court
no longer resist the claims of suitors at
the bar. The receivership has accom
plished this purpose.
Cause of the Discontent.
| *-Many see the savings of a lifetime swept
away by mismanagement and the same
L managers continue in charge- To the
reckless use of power by the managers of
corporations and by those who profit in
their downfall, we must attribute much
<* of the discontent, the hatred of capital and
capitalists, of corporations and their offi
cers which underlies the movement iis i‘
excites our alarm.
Professor Blewett Lee of the North-
I western university, in his paper on
, "Teaching Practice In Law Schools,”
said:
Half the cases decided in 1893 were upon
points of procedure, showing that a knowl
edge of procedure is worth as much as all
the rest of legal knowledge. Lawyers
must get their technical knowledge in the
I school of experience. Law is a science;
practicing law is an art. Law is the only
profession in which students can have
practical training before they begin work.
Most students, clergymen, engineers and
* others have it. Professor Lee said the
most courts have been overrated, but
practice could be taught by obtaining
printed trial records and giving them out
as the basis of class work.
After President Storey had concluded
i his address the executive committee re
ported the nominations for membership
and 88 new members were elected. The
aggregate membership of the associa
tion is 1,342. The treasurer’s report
showed a balance of $4,133.58.
General C ouncil Elected.
i The following general council was
r elected: _ .
Alabama, J. J. Williett; Arkansas, M.
M. Cohen; California, J. A. Gibson;
Colorado, C. E. Hersiugton; Oonnecti-
I cut, J. S. Curtis; Delavyure, I. C. Grubb;
I District of Columbia, R. S. Bounds;
k Florida, R. W. Williams; Georgia, P.
K w Moldrim: Idaho, R. S. Gregory; II-
THE ROHE TRIBUNE.
linois, E. B. Sherman; niaiana, o. o.
: Picking; lowa, A. J. McCreary; Kan
sas, J. D. Milliken; Kentucky, E J.
McDermott; Louisiana, W. W. Hoye;
Maine, O. F. Libby; Maryland, J. A.
; Mason; Massachusetts, A. J. Jones;
. Michigan, G. P. Wailz; Minnesota, R.
s Whelan; Mississippi, T. H. Thompson;
i Missouri, James Hagerman; Montana,
|W. F. Sanders; Nebraska, J. M.
! Woolworth; New Hampshire, J. W.
i Fellows; New Jersey, R. W. Parker;
j New York, W. H. Robertson; North
I Carolina, J. Lj Bridges; North Dakota,
B. O. Corbett; Ohio, M. D. Fillet; Ore
gon, J. J. Hill; Pennsylvania, W. G.
Smith; Rhode Island, A. M. Eaton;
South Carolina, 0. S. Nettles; South
Dakota, J. W. Wright; Tennessee, J.
M. Dickinson; Texas, J. T. H. Scott;
Vermont, E. B. Tafft; Virginia, J. L.
Yons; Washington, O. E. Shepard; West
Virginia, E B. Summerville; Wiscon
sin, A. L. Terry; Wyoming, O. N. Pot
ter; Arizona, E. E. Ellenwood; Indian
Territory, J. W. McCloud; Oklahoma,
H. E. Asp; Utah, R. B. Shepard.
CHALLENGE ACCEPTED.
Watson Will Meet Guthrie In Joint De
bate—Boiler Explosion Kilis Five.
Raleigh, Aug. 19. —Cyrus Watson,
■ Democratic nominee for governor, has
accepted the challenge to joint debate
given by W. A. Guthrie, Populist nom
inee,
A “sound money” democratic state
convention is called at Greensboro,
Aug, 26.
The Patt arson Cotton Mill company,
: at Concord, orders the building of an
i other mill with 5,000 spindles, to cost
$90,000.
The Republicans of this district have
decided to make a straight nomination
for congress.
Low water caused the explosion of
the boiler at Taft’s sawmill at Troy,
i Montgomery county. Five men, Sam
: Ewing, John Ellis, Ed Dickson, Charles
I Morris and James Carpet, were in
-1 stantly killed. Four others were in
; jured, three fatally. The boiler was lit
erally torn to pieces. Some were struck
by pieces and others were scalded.
THREE MEN KILLED.
A Car Falls From the Top of a Aline to
the Bottom of the Shaft.
Baltimore, Aug. 19. Pete Ryan,
i foreman of the St. Lawrence mine, the
property of the Anaconda mine, and
Jack Campbell and John Manning, two
miners, were killed at 5:10 o’clock
1 Wednesday morning by the fall of a car
from the top of the mine to the bottom
of the shaft, at the 1,200 level.
The miners were working at the bot
tom beneath the bulkhead, at the 1,200
level, deepening the shaft, when the
j cage containing Ryan fell from the top,
instantly crushing the life out of two
men below, and also killing Ryan, who
[ was in the cage. The latter had just
1 came to the top and was about to step
out of the cage when the brake refused
to work and the cage started down the
i shaft with fearful velocity. The en
gineer tried to put on the clutch, but it
would not work.
To Organize Well Equipped Postal System,
Washington, Aug. 19.—The govern
ment of the Cape of Good Hope, one of
j the recent acquisitions of the universal
I postal union, is taking prompt steps to
1 organize a well equipped postal system
iin its domains. Its postmaster general
I asked for the co-operation of this gov
! eminent with a view to the better pro
j tection of regular mail matter posted
j for delivery and for mail passing through
the country in transit. In seeking in
! formation about the equipment of the
postal system of the United States, it
I has just submitted a request for a full
! set of registered package and registered
tag envelopes and registered pouches,
inner registered sacks, brass lock pouches
and international telltale locks.
A Strange Disease Attacks Illinois Cattle.
Ottawa, Ills., Aug. 19. —Farmers in
Brookfield township just south of Mar
seilles are greatly exercised over a new
disease which has broken out there.
The disease has spread in three herds
of over 100 head and many of the ani
mals are hopelessly blind and many
others are rapidly losing their sight.
Mr. Dennis, the Ottawa veterinarian,
who was called to see them, can find
nothing in the authorities relating to
the disease, which in each case affects
the pupils of the eye. It may be neces
sary to have the affected cattle killed to
prevent the spread of the malady among
the animals.
A Woman Choked to Death by Kobbers.
Montgomery, Ala., Aug. 19.—Shortly
after daylight Kate Oabanie, who kept
a general store in the southern suburbs
of the city, was found lying just outside
the back door, choked to death. She
was attired in her night clothing, and
it was evident that she was aroused af
ter going to bed by her murderers. The
woman lived in a room back of her
store, and had no one li ’ing with her.
She did a good business and had accu
mulated considerable property. The
room was ransacked by the murderers.
No Fight Between Troops and Indians.
Tucson, A. T., Aug. 19.—A corres
pondent has just come from the place
where the action is said to have taken
place between the Yuquis and troops E.
Seventh cat Ury. Ho found the report
of the fight to be without foundation.
A Double Murderer Captured.
Middlesboro, Ky., Aug. 19.—Hiram
Price, who killed his wife and mother
in-law with an ax June 4 and escaped to
the mountains, has b'en captured and
lodged in the Sneedvil.e jail. Men are
gathering fr in every direction and
Price will probably filing shortly.
THE ROME TRIBUNE, ROME, GA., THURSDAY AUGUST 20, 1896.
WATSON’S COMMENTS
The Georgia Populist Criticizes Bryan’s
New York Speech,
IT WAS LACKING IN STRENGTH
Says Sewall is the Soothing
Syrup of the Campaign
FOR THE EASTERN MONOPOLISTS
Declares That the Reason the Nebraskan
Failed to Denounce Protection Was That
Mr. Sewall Is a Protectionist—Doesn’t
See How McKinley Is to Be Defeated
Unless His Name Is Mentioned.
Chicago, Aug. 19.—The Post’s Wash
ington special says: Thomas E. Wat
son, the Populist vice presidential nom
inee, is out with another statement in
which he comments on Mr. Bryan’s
New York speech and the conduct of
the campaign in general. Watson says:
To expect to defeat McKinley without
saying a word against McKinley is some
thi u new under the sun, but Mr. Brya ’s
silence was proper and necessary. He
could not afford to denounce protection
while Mr. Sewall is even now acting in
league with the Republicans to secure leg
islation which will levy tribute upon every
American consumer of foreign goods in
the selfish interests of the New England
shipbuilders of whom he is one, and just
as Mr. Sewall’s presence on the ticket pre
vented Mr. Bryan from assailing national
banks of issue and the Republican doc
trine|of protection, so the same baneful in
fluences prevented hini from denouncing
monopoly and extortion, Mr. Sewall be
ing a corporationist of lusty proportion
himself.
It seems the mission of Mr. Sewall tn
the campaign is to act a contradiction to
Mr. Bryan and the Democratic platform.
For instance Mr. Bryan said in one of his
speeches the other day that if he should
be elected, the people who elected him
should not be found asking favors of the
government. We had not quite finished
clapping hands over this statement before
it was made clear to us that the men
who are backing the ticket in New Eng
land will demand that the government
levy a fine on every citizen who desires to
buy foreign goods which are .brought to
this country in the ships of Sewall and his
Republican colleagues.
Mr. Sewall’s presence on the ticket was
meant to say to the privileged classes of
the north and east: "Don’t get scared of
Bryan’s ’speech, I will see to it that the
present state of thingsis not disturbed.”
In other words, Sewall is the sobthing
syrup of the campaign for the monopolists,
and he is relied upon to keep the northern
and eastern Democrats from wailing too
much under the infliction of Bryan’s Pop
ulistic proclivities.
PROGRAM ANNOUNCED.
Mr. Bryan Will Make a Thorough Canvass
of the State of New York.
Upper Red Hook, N. Y., Aug. 19.
William Jennings Bryan has determined
to make a pretty thorough canvass of
the state of New York, and for the first
time since the days of Martin Van Buren
will make addresses in nearly every im
portant city. He will first go to Albany,
the home of David B. Hill. He will
visit each big city along the New York
Central road. Speaking of his trip he
said:
“We shall leave Upper Red Hook at
6:56 on Tuesday, Sept. 6, reahching Al
bany at 8:30 p. m. We will leave the e
about 10 p. m. and go to Syracuse,
reaching there at 2:05 a. m. and remain
there until noon and then reach Roches
ter at 2:25 p. m. and stop at Rochester
one hour, arriving at Buffalo about 4:45
p. m. Then we take the first train to
Erie, Pa., arriving there between 7 and
8 o’clock and will attend a meeting of
Democratic clubs that evening and re
turn the next morning to Buffalo, where
we will attend another meeting of Dem
ocratic clubs. We will remain in west
ern New York for the rest of the week.
We will stay in Chautauqua, N. Y.,
over Sunday and leave for the west on
Monday.”
Mr. Bryan will probably speak in Me
dina, Hernel'svilie and Jamestown also.
Mr. and Mrs. Bryan reviewed a troop
of United States artillery as it passed
through here Wednesday morning. It
was Battery K, First artillery, in com
mand of Lieutenant A. Slaker, and was
on its way to Palenville, where it will
camp.
Wednesday the party drove down to
Rhine Cliff and through Ellerslee, the
summer home of Governor Morton.
A French Admiral’s .Miraculous Escape,
Paris, Aug. 19.—During the artillery
practice of the French Mediterranean
squadron off Toulon, says a dispatch
from that city, Admiral Gervais and
his staff had a narrow escape. Instead
of aiming at a target which was being
towed 500 yards behind the flagship
Brennus, a battleship of 11,000 tons dis
p.acement, the cruiser Ventour turned
her quick fire guns on the flagship for
some time. The shots rained around
Admiral Gervais and his staff and their
escape was a miracle. Glass in the ad
miral’s conning tower was riddled and
a sailor was injured. There is much
mystery as to how the mistake hap
pened, as it is not thought possible that
they could have mistaken the vessel at
600 yards distance.
Fire In a New York Liquor House.
New York, Aug. 18.—Fire, which
originated on the second floor of the
wholesale liquor house of John Em
mens, 163 West street, caused damage
to the extent of $30,000 on buildings
and about as much more on stock. Ed
ward Gross, who was at work in the
room where the fire started, was fatally
burned.
AN ANSWER TO BRYAN
B urke] Cockran Speaks al Madison
Square Garden.
MR- PERRY BELMONT PRESIDES
Gives His Reasons for Not Sup
porting the Nominees.
A LARGE CROWD WAS PRESENT.
Introduced the New York Ex-Congress
man, Who Spoke For One Hour and
Twenty Minutes In Reply to the Demo
cratic Nominee’s Speech of Acceptance.
The Speaker Liberally Applauded.
New York, Aug. 19.—Bourke Cock
ran, the famous lawyer and politician,
made his widely advertised reply to W.
J. Bryan’s speech of acceptance at Mad
ison Square Garden. Perry Belmont,
the banker, presided and introduced
Mr. Cockran, who said in part:
Mr. Chairman, Ladles and Gentlemen,
Fellow Democrats:
With the inspiring strains of that na
tional song still ringing in our ears, who
can doubt the issue ot this campaign?
That issue has been well stated by your
/ IL*?
I \| \y
✓
BOURKE COCKRAN.
presiding officer. Stripped, as he says, of
all verbal disguise, it is an is ue of com
mon honesty; an issue between the honest
discharge and the dishonest repudiation
of'public and private obligations. It is a
question as to whether the powers of this
government shall be used to protect hon
est industry or to tempt the citizen to dis
honesty. On this question honest men
cannot‘differ. It is one of morals a d jus
tice. It involves the existence of social
order. It is the contest for civ lization.
If it be disheartening to Democrats and
the lovers of free institutions to find an
issue of this character projecting into a
presidential campaign, this meeting fur
nishes us with an inspiring tfilth di how
that issue will be met by the people.
A Democratic convention may renounce
the Democratic faith, but the Democracy
remains faithful to Democratic principles.
Democratic leaders may betray a conven
tion to the Populists but they cannot se
duce the poorest of Democratic voters
from the pathway of honor and of justice.
A candidate bearing the mandate of a
Democratic convention may in this hall
open a canvass levelled against the foun
dations ot social order and he beholds the
Democratic masses confronting him or
ganized for the defense. Fellow Demo
crats, let US pot disguise from ourselves
the fact that we bear in this contest a se
rious and grave and solemn burden of
duty. We must raise our hands against
the nominee of our party and we must do
it to preserve the future of that party it
self.
Why He Opposes Bryan.
We must oppose the nominee of the Chi
cago convention, and we know full well
that the success of our opposition will
mean our own exclusion from public life,
but-we will be consoled and gratified by
the reflection that it will prove that the
American people cannot be divided into
parties on a question of simple morals or
of common honesty. We would look in
vain through the speech delivered here
onfe week ago to And a yue statement of
the issue involved in this canvass. In
deed, I believe it is doubtful if the candi
date himself quite understands the nature
of the faith which he professes. I say this,
not in criticism of his ability, but in jus
tice to his morality. I believe that if he
himself understood the inevitable conse
quences of the doctrines which he preaches
that his own hands would be the very first
to tear down the platform on which he
stands.
The pretense that men can be enriched
by swelling the volume of currency is the
oldest delusion which has affected man
kind since the very beginning of civiliza
tion. The volume of money plays but a
small part even in the ordinary transac
tions of life. It is not the volume of
money but the activity of money that
counts.
The basis of sound trade is sound
money—money which is intrinsically val
uable. money which, like the gold coinage
of this country, the government cannot
affect if it tried to. I can take a $lO gold
piece, and I can defy all the powers of all
the governments to take 5 cents of value
from it. Having earned by the sweat of
my brow, having earned it by the exercise
of my brain, having earned it by the ex
change of my commodities, I can go to the
uttermost ends of the earth, and wherever
I present it its value will be unquestioned
and unchallenged. That gold dollar this
meeting, the Democratic party, the honest
masses of this country, without distinc
tion of party division, demand shall be
paid to the laborer when he earns it, anil
that no power on earth shall cheat him
of the sweat of his brow.
Described a* a Conspiracy.
Quoting Mr. Bryan as proposing to
increase the price of' commodities, Mr.
Cockr n elaborated an argument to
show that when this increase is brought
about labor will be left to shift for it
self. This he described as the Populist
scheme, and a conspiracy. Then he
asked:
Will you submit to this scheme be
tween the professional farmers who culti- |
vate the quarrels of their neighbors, farm
ers who labar with their jaws, Populist
agitators of the west and the merciless I
slaveholders of the south? This is a con
■niracy between professional farmers who I
—tha i>nr<w>nn- '
want IO pay iww,
died slaveholder who would like to pay
no wages—here is the real conspiracy.
Here is the explanation of this Populist
movement.
When this tide of agitation shall have
receded —this tide of Populistic agita
tion, this assault upon common honesty
and upon industry shall have abated for
ever—the foundations of this republic will
remain undisturbed. This government
will still shelter a people indissolubly
wedded to liberty and order, jealously for
bidding any distinction of burden or of
privilege, conserving property, maintain
ing morality, resting forever upon the
broad basis of American patriotism and
American intelligence.
Mr. Cockran’s speech was well re
ceived. While many of those in the
upper galleries deserted their seats long
before the speaker had concluded, it was
noticed that those in the lower tiers and
those in the main auditorium remained
attentive throughout the discourse. The
audience took advantage of every oppor
tunity to manifest approval of the speak
er’s sentiments.
THE CORONER’S VERDICT.
Nobody to Blame For the Death of Baron
Merltz Curtz von Zedwitz.
Ryde, Aug. 19. —An inquest was held
here on the remains of Baron Meritz
Curtz von Zedwitz, the German yachts
man, who was killed Tuesday as a re
sult of the collision between Emperor
William’s yacht Meteor and Zedwitz’s
yacht Isolde in the regatta of the Royal
Albert yacht club off South Sea. Baron
von Zedwitz was formerly German min
ister to Mexico and was at one time at
tached to the German ministry at
Washington.
The captains of the Isolde and Britan
nia were among those who testified.
The commander of the Prince of Wales’
yacht expressed the opinion that the
Meteor should have given the Isolde a
wider berth, and added that he thought
it was an error of judgment.
Captain Gomez of the Meteor also tes
tified. He denied having infringed the
rules and said there would have been
plenty of room to pass had not The
Saint struck the Isolde and threw the
latter out of her course and across that
of the Meteor.
The collision, he said, could not then
be avoided except by colliding with the
Britannia, which he explained would
have resulted in a far more serious
smash up. The jury rendered a verdict
that nobody was to blame for the acci
dent.
The body of Baron Zedwitz has been
embalmed and will be taken to Dresden
for burial.
WRIGHT IN ATLANTA.
The Populist-Prohibition Candidate For
Governor of Georgia Speaks.
Atlanta, Aug. 19. Seaborn A.
Wright, fusion candidate for governor
of this state, addressed an audience of
about 4,000 people in the Moody taber
nacle here. Mr. Wright spoke with his
us lal force, droll some times, dramatic
often and always entertaining. He won
loud applause after he got well into his
speech, though at first the audience
seemed to be waiting for him to line
out his course. He said that he was a
Democrat of the original kind, and next
declared that he was independent in
politics.
Mr. Wright dwelt at length on the
Democratic campaign of 1894, and de
cried partisanship in politics. “The
man who is a partisan is a little man,”
he declared. He quoted Washington,
Toombs, Stephens Hill against paf
tisanshfp in politick. William Jennings
Bryan, he said, had announced that he
would not support the nominee of the
Chicago convention if the nominee
should be a gold man, and Grover Cleve
land refuses now to follow the majority
of his party.
He denounced the present state ad
ministration and closed by saying that
nothing could have induced him to ac
cept the nomination for governor except
the insertion in the Populist platform of
the anti-barroom plank
ATKINSON SPEAKS.
The Governor Discusses State and National
Issues at Savannah.
Savannah, Aug. 19. Despite the
stormy weather, about 1,000 people
gathered in the Odd Fellows’ hall here
to hear Governor W. Y. Atkinson dis
cuss state and national issues. He was
introduced to his audience by President
Mauncy of the Bryan and Sewall club,
and three cheers were given when he
arose to speak.
Governor Atkinson devoted a large
part of his time to the financial issue.
His argument to show that competition
in securing silver must raise the com
mercial value to the coinage value was
not short of convincing. His statement
that all the silver in the world divided
by 16 would give the weight of the gold,
and that therefore God Almighty must
have had something to do with the ra
tio, caught his hearers, and they cheered
him lustily.
Governor Atkinson advocated a plan
for the employment of convicts by the
state, or such supervision by the state,
as will give them immunity from cruel
and inhuman treatment. He also ad
vocated state control of county chain
gangs, from many of which he said he
had had reports of innumerable horrors.
The state, in its sovereignty, he said,
should exercise its control over these
convicts and see that they were treated I
humanely.
A Woman to lake the Stump For Bryan. !
Kansas City, Aug. 19. —Miss Helena ;
Hartnett Mitchell, a teacher of Delsarte,
and an actress of ability, will shortly |
take the stump for Bryan. Miss Mitch
ell will open at Bloomington, Ills., on
Labor day, and from that time up to
the election will make daily speeches
through the country. Miss Mitchell has
been authorized by Mr. Bryan to take
the stump for him
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SUNDAY TRIBUNE ♦
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SPAIN HAS NO CASE
Her Claims Against Uncle Sam Consid*
ered Groundless.
DISCUSSED IN OFFICIAL CIRCLES
The Position of Ambassador
Bayard Given in Full.
IT IS BEYOND GOVERNMENT CONTROL
The Publication of the Document Demand
ing, Damages Not Regarded as One at
Which Offense Should Be Taken by This
Government—Stand Taken by Bayard In
Previous Case Will Serve as Precedent.
Washington, Aug. 19.—1 n official
circles there is considerable discussion
concerning the pamphlet of the Spanish ■
legation, prepared by its attorney, Cal
deron Carlisle. In the state department
there was no criticism as to the publica
tion of the document, and it was not re
garded as one at which offense should
be taken. While it is acknowledged
that the only prima facie object of the
document could be the laying of the
way for claims against the United
States, there were also intimation:' that
the namphlet was issued and given wide
circulation for the purpose of making
the United States more vigilant in pre
venting filibustering expeditions leav
ing the shores of the United States, as
the Cubans in this country are redoub
ling their efforts to send munitions of
war to the insurgents. It is known that
from the beginning of the trouble of
Cuba, Secretary Olney has made every
effort to have the United States to so
act as to be able to prove that th ? gov
ernment has done everything possible
to check expeditions against Spain.
It was said unofficially that every
claim that Spain could make against the
United States would be met in such a
way as to destroy all ground for dam
age. Attention was called to the note
of Secretary of State Bayard to Julian
Valero, who in 1885 was min ster from
Spain, and called attention to the arri
val in Cuba of filibustering expeditions,
and of expressions of sympathy for the
Cubans, and pointing out that the trial
of offenders by jury was a serious ar
gument against appealing to the courts,
as the people would sympathize with
the offenders, aad they would be ac
quitted.
Reply of Mr. Bayard.
To this portion of the Spanish Minis
ter’s note, Mr. Bayard replied that the
government of the United States did
not attempt to exercise any power over
the opinion or expressions of people
within its domain. “The government
does not assume,” he wrote, “to visit
with penalty conduct which, if com
mitted within foreign jurisdictions,
might be punishable therein. To do
otherwise would be. in effect, to attempt
to recognize and administer within the
sovereignty of the United States a do
mestic law of another sovereign. Pro
ceedings under the neutrality laws of
the United States are set in motion by
due information made under oath by
some person cognizant of the facts al
leged.
It is upon this position of Mr. Bayard
that the state department and the United
States govdi -lent has been acting. It
has been read. - to act so soon as ft has
information of unlawful acts. Mr. Bay
ard, in his note, added:
“The executive can no more punish
or repress offenses of this nature (expe
ditions against another government)
without the judicial ascertainment of
the fact that an unlawful act has been
committed than it could by administra
tive mandate award death on charge of
murder. Neither in one case nor the
other could the representation of parties
claiming to be aggrieved override the
indispensable requisite of a judicial pro
ceeding. ”
Beyond Government Control.
Mr. Bayard says considerable more on
this point, emphasizing his position.
He does not ask Spain to be the plaintiff,
but says that the United States will be
the plaintiff in all cases where a breach
of the law is charged that will bring the
case within the statute.
"The law being so in control of the
case, it must follow it to the end. The
executive has no authority over the ju
diciary. The expressions of sympathy
cannot be controlled, however mis
placed.”
Mr. Bayard concludes by saying:
“Permit me to assure you that if any
attempt shall be made on yous part or
by your agents to cause the laws ap
plicable to the case and the international
obligations of the United States to be
respected to their fullest extent, and
these attempts shall fall, and the inci
dent be brought to the attention of this
department, it will promptly lend its
aid to vindicate the law and enforce its
remedies.”
Mr. Bayard thus placed the responsi
bility of locating filibusters and hostile
demonstrations against Spain upon tho
Spanish government.
The entire note is printed out as de
fining the position of the United States
in the present case, and arguing fully
the assumption of the counsel of the
Spanish legation in the pamphlet just
published,
Topeka Enacts a Curlew Law.
Topeka, Aug. 19.—The city of Topeka
has enacted a curfew law. It provides
that all children under 16 years of age,
found on the streets or in public places
unaccompanied by guardians after 9p.
m. in summer and 8 p. m. in winter,
shall be arrested and fined not less than
$5 nor more than $25. The fire bell will
ring every evening 15 minuten befora
the hour. ... . _ _