Newspaper Page Text
' ~THE morning news.
_ ,-kiic'm 1830. - -Incorporated 1888.
E j H ESTILU President.
RYAN’S PETITION REFUSED.
..... t 0! HT SAYS HE CANNOT HAVE
lltt: SEABOARD STOCK.
,| M . Petition Sustained,
Deinurri r
Min'- Hirst'll Contract A\ ns Too
..rutin— He Will Enter nn Ap
".,l-1 In' Williams Syndicate Al
sure to Get the Stock—Yo
t"!neetion With the F. C. & P.
, oiiteniP,“ted
|t,n,or. . Jan. 16.-Judges Wyckes and
Snx'kbriilKt, in the Circuit Court, to-day,
- Mr. Thomas F. Ryan, in
- uit t 0 mforce an alleged contract of
,1 ~to him of between 3,000 and 4,000
- ihoard and Roanoke Railroad
snares u. -
k aI $125 a share.
“I ' , i ordered that the demurrer to
' 1 ill of complaint be sustained, the in
iloa heretofore granted be dissolved,
[ ", lhl , ,-omplaint be dismissed, with
0 .,.j pi the plaintiff. Following is the
f U R text of the opinion of the court:
i.jiirt is of the opinion that the
demurrer to the bill of complaint filed In
t hi- case mould lie sustained and the bill
dismissed.
Fird-Boeau.se the alleged contract is
K, uncertain and indefinite in its terms
_ a t 0 w o pt n to various constructions, and
therefore cannot be enforced on account
of equity. A doubtful contract can never
he eo enforced; to doubt is to resolve
against it.
"Second— Because it is obvious from the
bill and exhibits in this case that the de
fendants, Mi Lane and others, committee,
were acting in that capacity by virtue of
the pooling arrangements set out in ex
hibit B. and referred to in the bill, and
that their lowers were limited by its
Urms, which must have been known to
the plaintiff at the time the alleged con
tra t was signed; that knowing as he did
that the pooling agreement bound the
parties to it not to sell unless with the
consent of three-fourths of the entire num
ber of shares of stock so pooled, and It
being averred in the bill that said stock
was not re‘-deposited under the provisions
of the contract of Oct. 6, 1896, it would be
inequitable and unjust to compel the de
fendant, Me Lane and those associated
with him, even if the court has jurisdic
tion of his said associates, to transfer any
of said stock or deliver any of the said
certificates representing the same to the
plaintiff.
"Entertaining these views, the court
deems it unnecessary to decide the re
maining questions, relating to jurisdic
tion. la, lies and the legality vel non. of
the contract, presented in the argument
for Its consid. ration.”
fnse Will Be .Appealed.
Mr. Bernard Carter, as counsel for Mr.
Ryan, announced that an appeal would be
taken.
he syndicate, headed by Mr. John Skel
ton Williams of Richmond, Va., presklent
of the Georgia and Alabama Railroad
Company, off. red 8300 a share for the 8.300
shares pooled with Messrs. Ronis McL.ine
of Baltimore and Leigh R. Watts of Ports
mouth, Va. The proposition was made to
President Hoffman of the Seaboard Air
Line, who recommended its acceptance,
and the owners of practically all the
shares pooled accepted the offer.
It is understood that the deal will bo
cv-d immediately. Mr. Williams was seen
nr the decision was handed down, l;ut
asked to I*. excused from making a state
ment.
Mr. Mi.hams said. In reference to the
Wi! ... th,, Seaboard to use the track of
e Richmond, Fredericksburg nnd Po
otnji.th.n it was without foundation as
a a, he ,<n< W and no negotiations with
arem,, to the use of the latter’s tracks
’■ " Bn amend had ever been under
.'ll. 11,. said the Seaboard is a com
v ' ' hn ' as il stands at present, from
, .“I 1 ; 1 I’ortsmouth to Atlanta, and
fri.mt)"; , v<r •*' lhtlt the extension
adg. way to Petersburg is completed,
1 1 a<bl value to the system.
!IM ;' !'■•' Plans on foot for the ex-
Fail •• V tho lim ‘ lo Washington,” he
t' l tor is say connections are
bade with the Raltimore and Ohio..
„hvd fiyßtem dos not make a
f,;,;. ’ ' on' aCI ion with the Florida
Peninsular Railroad and no
mlr.:.:,' ;l ,ramc arrangement are
benies a humor.
"nhasers ut Seaboard Stock W ill
'"t Sell Southern.
St’",* '”. K ’ Ji,n - 16—President Samuel
H'e Southern Railroad Com
, , ' 1 that there la absolutely
, •, ■‘ la 1 " 'tH rumors that the syndi-
A t 1.,,;'.' purchased the Seaboard
ti 5i,,,',1, " irn over the properly to
tI'HHhM-n Railroad Company.
■ " Ml - m: huey ay ovation.
■ ' ,M, I utmiom y Would Ilc
Snntlagro.
■i, , A'.—Mayor Bacardi has
dispatch from Dr. Cas
n ' ■'••illative of the business
u, , 1 • wll ° accompanied Gen.
■ ~W " ,sll ">Kt°'>, announcing that
1;,,.. "'ill Be granted this
§■ The ,)■
■ ' , ' ’•, e foro, is practically being
■ > , holiday. The city is deco
■ a mass meeting has
, ' 1, ' h <it n - Wood was warm
■ " " r music have paraded
, ~ , " ' r, ng crowds were to lie
■ ' ," 4 '"'ll the Clubs have held
' iuirixtse of arranging an
BB u °> 1 '""I Dr. Castillo on
. subscriptions are pouring
• . ' 1 lack of money to
■■ P,-|, a success.
" l a Norwegian WTeck
. ' ""hied the wrecks of the
H’- yesterday, in order to
' t” raise them. They
■■ ' " ''"lon might possibly Is.
loubffu! in the- case
WM "'luendo.
H’ i •' U'n'un Wrecking Cnm-
H' I: , , ' "Iway on the wreck of
Brag
H TANARUS: , ' ""'•""'M'l’lVompsny,
IBv"" •'•'"• 16. —The National
■ uuh an aulhorlsed eap
"■ "us incorporated here'
fPje ißnrtring WfM.
COY!MISSION' TO PHILIPPINES.
Duties Before the Body That the
President YVill Appoint.
Washington, Jan. 16.—The commission,
which the President is about to appoint
to proceed to the Philippines, will not be
subject to the confirmation of the United
States Senate, but will be named under the
reserved authority of the President, and
its expenses will be paid out of the war ap
propriations.
It Is not expected to commit the United
States government to a recognition of the
independence of the natives, nor is it to
frame a scheme of government for the is
land as was the case with the Hawaiian
commission. Undoubtedly, however, the
commissioners wifi unofficially confer with
the natives and advise with the military
authorities, it being felt here that men of
their experience and qualifications will be
valuable counsellors in the conditions now
existing.
It is believed that the natives can be
kept from hostilities until the arrival of
the commission at Manila, and then it is
hoped that the best results will follow the
visit, including the reassurance of the
natives upon many points as to which they
are now doubtful.
It will be perceived, also, that by the ap
pointment of the commission, the Presi
dent is granting the appeal of some of the
best Filipinos, who are confident that both
sides will be enlightened by its creation,
and declare that the United States gov
ernment will be shown that the abilities
of the Filipinos for government have been
underestimated, while the Filipinos them
selves will be induced to have patience
before insisting upon instant seif-govern
ment.
So far as can be gathered, the Presi
dent has not completed the list of the com
missioners, supposing that he includes
Gen. Otis and Admiral Dewey, he would
add the names of President Schurman of
Cornell University and Prof. Worcester of
Ann Arbor. He has under consideration
Charles Denby as the last member, but as
Mr. Denby is engaged with the war in
vestigating commission at present, with
an indefinite programme before him, he
has not positively decided to appoint him.
TO LOOK FOR THE PAI L JONES.
Hevenne Cutter YY'lnona Ordered
From Mobile on That Mission.
Mobile, Ala., Jan. 16.—Under orders from
the treasury department at Washington,
the revenue cutter Winona left here this
morning at 10:30 o'clock to search the Gulf
coast for the missing pleasure yacht Paul
Jones, now more than two weeks from
New Orleans to Pensacola, Fla.
The cutter will follow the course that
a vessel of the Paul Jones size would
probably take from Grant’s Pass to Pen
sacola.
BELIEVES THE YACHT IS SAFE.
A Bont Sighted Which Answers the
Pnnl Jones’ Description.
• Louisville, Ky., Jan. 16.—Lawrence Jones
of this city, the owner of the missing
yacht, Paul Jones, this afternoon received
a telegram from C. A. Marshall, superin
tendent of the Louisville and Nashville
Railroad, at New Orleans, which stated
that a strange yacht with two masts, sup
posed to be the Paul Jones, had been
sighted fifteen miles off Horn Island Sat
urday night, going east. The descrip
tion tallies with that of the Paul Jones.
This is the first information that has
lieen received of the yacht. Mr. Jones is
of the opinion that the yacht is safe.
SEEMS TO BE LITTLE HIiPE.
Belief at Biloxi That the Paul Jones
Has Goue Down.
Biloxi, Miss., Jan. 16.—After a thorough
and fruitless search of the coast there
seems to bo little cause for hope that the
naphtha launch Paul Jones is afloat, and
every reason to believe that the persons
aboard her perished.
Additional light is thrown on the move
ments of the launch after she passed out
of the Mississippi river by Capt. O. Neilsen
of the steamer Georgia, plying as a pas
senger and towboat between here and Ship
Island, who gives a description of a
launch which he passed on the morning
of Jan. 5, while on a trip from Scranton
to Riloxi, tallying with the description of
the missing craft. Capt. Nc*ilson says that
the launch was about fifty feet in length,
had a strongly built house on her deck,
finished in a dark wood probably mahog
any, and attracted his attention because
she was much larger than any of the
launches usually seen on the coast.
When the Georgia passed her she was
about half way between Ship Island and
the mainland, and was heaeling for Grant's
Pass. This is the regular route taken by
pleasure craft, keeping in shore. In the
ordinary course of events, the launch
should have reached Mobile the next day.
This is the last information obtainable
concerning it.
On the arrival of the tug Leo at Scran
ton this evening her captain reported see
ing a la't'ge launch fifteen miles south of
Horn Island. It was at first supposed that
this was the missing Paul Jones, but later
Gulf navigators, who have been watching
the coast closely for a week, declared that
the Lee's find was one of the Baldwin
launches out of New Orleans, which left
Pearl river and which was reported by
lookouts on Saturday evening.
SAGASTA SAYS IT’S SERIOUS.
The Aslies of Col u nib ns Arrive nt
Spain's fitpilni.
Madrid, Jan. 16.—The cabinet meeting
called for to-day adjourned on account of
the sickness of one of its members.
Senor Sagasta is reported as saying the
situalion of the Americans in the Philip
pines is very serious, but he declines to go
into details.
The Spanish cruiser Conde de Yendadito
arrived to-day from Ct.iliz from Havana
with the reputed ashes of Columbus, which
were transferred to the armed yacht Glr
alda for conveyance to Seville.
The papers insist that certain cabinet
members iiersist In their intention of re
signing. , , .
El Heraldo says the minister of war has
forbidden the giving of a ball by the mili
tary club on thy occasion of the King’s
festival.
SAVANNAH, GA.. TUESDAY. JANUARY 17. 1899.
HOLDING OUT AGAINST QUAY.
HIS OPPONENTS ASSERT THAT HE
CAY NEVER HE ELECTED.
Chimees Are Bright for a Deadlock.
Democrats Will Stick to Their
Man. and the Anti-Quay Republi
cans Are Split on Several < nitdi
dutes—Quay’s Friends Still Assert,
However, That He YVill Go
Til rough.
Harrisburg, Pa., Jan. 16.—The great
battle for United States senator will open
in earnest to-morrow with the taking of
the first ballot in the Senate and House.
The two houses will vote separately at
3 o'clock in tlie afternoon and in joint
session on Wednesday.
If the same person receives a majority
of all the votes east in each house he will
be declared elected. If the houses, in their
separate action, do not agree, the joint
assembly will proceed to elect a senator.
In the event of a eleadlock or failure to
elect, the joint assembly will meet each
succeeding day and take at least one vote
until a senator is chosen.
The fight is between Senator Quay, back
ed by the 109 senators and members who
took part in the Republican caucus;
George A. Jenks of Brookville, the candi
date of the Democratic caucus, and a half
dozen “favorites” nominated by the anti-
Quay republican legislators.
With the Democrates and anti-Quayites
voting for their candidates the indica
tions are there will be a deadlock.
Senator Quay’s managers are confident
there will be only one result and that his
re-election. The Republican senators and
members opposed to his candidacy are
just as confident that he will not be elect
ed. The Democrats know they cannot elect
their candidate, and are leaving the Re
publicans to fight it out among themselves.
Quay's Friends Confident.
State Chairman Elkin and Senator Pen
rose are directing the Quay campaign from
headquarters at the Lochiel Hotel. They
say to-night that there is no doubt of the
speedy election of the senior senator.
Neither side will give any figures to show
how they propose to elect or defeat Mr.
Quay.
The features of the day’s skirmish were
the resignation of David Martin as secre
tary of the commonwealth, and the confer
ence of the anti-Quay Republican senators
and members.
There were present at the anti-Quay con
ference forty-seven of the fifty-two sena
tors and members pledged not to vote for
Senator Quay while he is under indictment
in the Philadelphia courts. The five ab
sentees xvere accounted for to the satis
faction of their associates.
Senator Chisholm of Huntington signed
the anti-Quay pledge after the meeting and
anounced that his vote will be cast for
Judge John Stewart of Chambersburg.
Senator Quay reached Harrisburg at
midnight from Washington, and is staying
at the residence of County Chairman
Weiss. The senator expects to remain here
during the early stages of the fight. He
shares the confidence of his managers.
TWO CANDIDATES WITHDRAWN.
Democrats in West Y’irKrinia'* House
Unseat Two Republicans.
Charleston, W. Va., Jan. 16.—The sena
torial situation here to-night presents a
few changes.
John B. Floyd of this city, who Las
been actively In the fight for the senator
ship, to-night announced his withdrawal,
but declined to say to whom he throws
his strength.
Congressman Dorr of the Third dis
trict, who has been discussed considerably
in connection with the Republican nomi
nation. also stated to-night that he is
out of the race and has thrown his
strength to Judge Nathan Caff.
This leaves in the race as avowed can
didates for the Republican nomination,
Gov. Atkinson, Commissioner Scott, Pof
fenbarger and Gaines with an array of
“dark horses.”
The chief development, however, in the
political situation was the action of the
House to-day in the contested case from
Monroe county. Via, Rep., was unseated,
and largan, Dora., was seated temporarily,
pending a contest. The Democrats in the
House also declared vacant the seat of
Brohard from Taylor county, pending a
contest.
A conference of Republicans from the
Third and Fourth congressional districts
to-night adopted the resolutions declaring
it to be the sense of the Republicans from
those districts that the United States sen
ator shall be a bona fide resident of the
southern part of the state.
DEADLOCK IN DEL\WARE.
Addick'M the Cnnilidute of the Union
Republicans.
Dover, Del., Jan. 16.—The union or Ad
dick Republicans met to-night and voted
for Edward Addlcks for United States sen
ator. The Dupont faction did not attend.
The Republicans have thirty-one of the
fifty-two members of the legislature, and
a deadlock is anticipated.
THE CALL SUED FOR LIBEL.
Senator Wright Had Been Accused of
Selling Ills Vote.
Sacramento, Cal., Jan. 16.—There has
been no change In the senatorial contest.
Senator Wright, who has been accused
by a San Francisco paper of selling his
vote to the Brant camp, to-day sued the
San Francisco Call for 8290,000 for libel.
No ( liHUKe In Montana.
Helena, Mont., Jan. 16.—There is no
change in the senatorial contest. An elec
tion is looked for this week.
VESUVIUS GROWING ACTIVE.
Flow of Lava From the Volcano Is
Unprecedented.
Naples, Jan. 16.—The eruptions of Mt.
Vesuvius are attaining great proportions.
The (low of lava is unprecedented, and
streams of lire are pouring in all direc
tions, though us yet no serious damage
has occurred
YVHEELF.It GIVEN AN OVATION.
Accepted Felltnm's Picture for the
llichuioaid Veternn*.
Richmond, Va., Jan. 16.—Gen. Joseph
Wheeler was the lion of Richmond to
night. He reached the city lute this nfter
noon, anil shortly thereafter was escorted
to a meeting of R. E. Lee Camp No. 1,
Confederate Veterans, where, on behalf
of the camp, he accepted a handsome por
trait of Maj. John Pelham, presented to_
the organization by the Sons of Confed
erate Veterans’ camp at Richmond.
The Governor, several Virginia members
of Congress and an immense crowd were
in attendance, and the distinguished visit
or was vociferously applaud and.
Mr. Edwin I*. Cox presented the portrait,
and Gen. Wheeler delivered the speech of
acceptance. His words, which evoked the
wildest enthusiasm, chiefly inferred to Pel
ham, the gallant artillerist, who gave his
life for the confederacy, though incident
ally he touched on other matters relating
to the civil war. After the veterans' meet
ing, at which several prominent ex-Con
federates spoke, Gen. Wheeler attended
a reception at the executive mansion, and
this was followed later by a supper given
him by Gov. Tyler.
To-morrow Gen, Wheeler will he ten
dered receptions at the Confederate Mus
eum anil Woman's Clubs of this city. Dur
ing his stay here he will lie the recipient
of remitting attentions.
At Lee Camp hail, addresses were also
made by Congressmen De Armond of Mis
rouri and VV. A. Jones of Virginia.
En route for Richmond, Gen. Wheeier'3
train slopped at Ashland, where he was
introduced to the students of the Ran
doiph-Macon College by Hon. Taylor Elly
son and made them a brief speech.
THE CZAIt GREETS TOLSTOI.
Asked Ills Aid in Hie Arinnmenf
Limitation Flans.
London, Jan. 17.—The Daily Mall prints
the following dispatch from Odessa:
"While journeying north from Livadia,
Emperor Nicholas, during a break for
luncheon at Toola, capital of the govern
ment of the same name in Central Rus
sia, gent a delicately worded message ex
pressing his desire to see Count Leo Tol
stoi. Contrary to expectation, Tolstoi ac
cepted the invitation and soon appeared
at the railroad station.
"In his peasant’s garb he presented a
striking contrast to the richly dressed en
tourage of the Czar. Emperor Nicholas
kissed him on the mouth and both cheeks,
Tolstoi readily responding.
"Then a conversation commenced, the
Czar asking his guest for an opinion upon
tlie Imperial proposal for the limitation of
the armaments. Count Tolstoi replied
that he could only believe in it when his
majesty shoukt set th exan?i<fc to other
nations. On the subject, the Czar men
tioning the difficulties of the problem and
the necessity for the united aid of the
Powers, the Count softened somewhat and
expressed the hope, that his majesty would
be able to attain some definite end, or, at
any rate, to formulate some workable plhn
at the conference.
“The Czar, thanking him for his good
wishes, said he would be pleased if Tol
stoi could be induced to lend his genius
to the so’ution of the question, and the
Count said that the Emperor might count
on his co-operation, for he was already
engaged on work dealing with the ques
tion in point, which would soon see the
light.”
THE SILVER ISSUE LIVES.
Col. Bryan Says It Embodies the
Hopes of American People.
Denver, Jan. 16.—C0). W. J. Bryan de
clared to-day, in a brief speech, which
he made at the public reception given
to him by the Bimetallic League of this
city, that the silver issue is still very much
alive. He said:
“The cause lives because it embodies the
hopes, the aspirations and the belief of
our people. It is a strong cause, because
the people need silver. The American peo
ple favor bimetallism, never mind where
the silver is produced. We do not need
it because il is produced here. People
eat because they need to do so, not be
cause food has to be consumed. And so
with gold and silver. They are Important
in the world's commerce, because they
are needed, and you can never destroy sil
ver while it is needed. The farmer, the
creator of wealth, knows that the gold
standard lowers prices without raising
money. And if the gold standard should
be established, you may set it down that
the day of bankruptcy is not far ahead.
To restore bimetallism is to restore the
parity between money and property.
“Those who advocate the gold standard
as a rule, know that the gold dollar Is
neither stable nor honest. The strength
of the gold standard is to t>e found in
the money centers, and Its strongest ad
vocates are those, who when their dollar
is invested, want it to go up.
“If our cause is Just, and I firmly be
lieve It is, its triumph is sure. Truth can
not be crushed to earth. The hour of death
is not here.”
COLONEL BRYAN AT DENVER.
The Sliver Lender Will Deliver Two
Addresses There To-day.
Denver, Col., Jan. 16.—C01. William J.
Bryan and his wife arrived in Denver
to-day. They were met by a reception
committee and escorted to the residence of
Hon. T. M. Patterson..
At 11 o’clock a public reception to Col.
Bryan was given by the Denver Bimetallic
League ami hundreds of people embraced
the opportunity to grasp the hand of the
sliver champion. This evening Mr. and
Mrs. Patterson held a reception for the
distinguished visitors, at which members
of the legislature and other prominent peo
ple were present.
The programme to-morrow includes an
address to the legislature and a public ad
dress in the evening, the subject of which
is "Naboth's Vineyard."
The Su 111 van-ton nelly Fight.
New Haven, Conn., Jan. 16.—The bat
tle at the Hyperian Theater between
Bplke Rulllvan of Boston and Eddie Con
nelly of Ht. Johns, N. 8., twenty rounds,
for a purse of 89oi. ended in a draw. The
fight was a spirited one. marred, however,
by repeated and persistent clinching by
both men.
FUNERAL OF NELSON DINGLEY.
IMPRESSIVE SKIIY ICES IN HOUSE
OF REPRESENTATIVES,
Delegations From n Distance f'nnir
to Pay tlie Lust Tribute of llespeot.
People Streamed Past tlie Casket
to Gaze I non the Features of tlie
Dead—House Adjourned mill tlie
Body YYan Sent on a Special Train
to Lewiston, Me.
Washington, Jan. 16.—A state funeral,
almost majestic in its impressiveness,
was given the late Representative Nelson
Dingiey at noon to-day in the House of
Representatives, where he so long has
been such a commanding figure.
The President and the cabinet, distin
guished memiiers of the diplomatic corps,
members of the Supreme Court, Senate
and Housei and distinguished men in mil
itary and civil life, were ranged about Ills
bier on the tloor of the hall, while the
galleries, to which admission could be ob
tained only by card, were occupied by tho
fami.ies of those who sat upon the floor
and other prominent personages invited to
bo present.
Some of them, like a delegation from the
New York Chamber of Commerce, had
come from a distance to pay their last
tribute of respect to the dead statesman.
The casket was placed on a bier in the
area in front of the marble rostrum of
the speaker, and for an hour the public,
which would have no opportunity to wit
ness the official ceremonies later, was al
lowed to view the remains as they lay in
slate. Thousands of people streamedt
through the main door past the casket
and gazed upon the calm, serene features
of the d>ad during that hour. Some could
with difficulty be induced by the police to
move away from the casket.
The decorations of the hail were sim
ple and strikingly beautiful and there was
a profusion of flowers.
The services were conducted by the Rev.
S. M. Newman of the First Congregational
Church of this city, assisted by Rev. Dr.
Couden, chaplain of the House. If was a
very simple service. Dr. Newman’s eulogy
of the dead statesman was touching and
beautiful.
When Rev. Newman delivered the bene
diction the entire assemblage arose, the
galleries as well as those on the floor.
President McKinley, in passing out, paused
while he gazed sadly at the features of
his dead friend. When all .had departed,
save the members of the House, Mr. Bou
telle of Maine moved that the House ad
journ as a further mark of respect. The
motion was adopted and at 12:55 o'clock
p. m. the speaker declared the House ad
journed.
The body lay in state In the hall of the
House until shortly before the time for
the departure of the special train which
is to convey the remains and the party to
Lewiston. It was then taken to the Penn
sylvania station, whence the train de.
parted at 4:10 p. m. over the Pennsylvania
Railroad as the second section of the Con
gressional Limited.
The train consisted of four Pullmans
and a baggage car. One of the cars was
occupied by the family and the others
by the remainder of the party, the Joint
committee of the House and Senate, the
officers of the House and a delegation
from the Merchants and Manufacturers'
Board of Trade of New York.
It was a curious coincidence, and one
noted by the President himself that to
day was the first time he had been in the
House of Representatives since he was. a
member from Ohio, and the chairman of
the committee on ways and means, of
which Mr. Dingiey was then a prominent
member.
SENATE ATTENDS FUNERAL.
Vermont’s New Senator Was Sworn
in .lust Afterxvard,
Washington, Jan. 16.—The Senate held
no session for the transaction of business
to-day. When it convened at 12 o’clock
it proceeded at once, in accordance with
the resolution adopted on Saturday last, to
the hall of the House of Representatives
to attend as a body the obsequies of the
late Representative Nelson Dingiey.
At 1 o’clock the Senate returned to its
Chamber. After the reading of the Jour
nal, Mr. Proctor of Vermont presented the
credentials of Jonathan Ross, appointed by
Gov. Edward C. Smith of Vermont, to fill
the unexpired term of the late Senator
Justin S. Morrill. The credentials were
read and then, escorted by Mr. Proctor,
Mr. Ross proceeded to the clerk’s desk,
where the oath of office was administered
to him by Vice President Hobart.
Then, at 1:07, on.motion of Mr. Allison,
the Senate adjourned until to-morrow.
PROTEST AGAIIiST ROBERTS.
North Carolina Legislature Wants
Him Kliut Ont.
Raleigh. N. C., Jan. 16.—1n the House of
Representatives of the general assembly
of North Carolina, Mr. Putterson of Cald
well county to-day offered a resolution
protesting against the seating of B. 11.
Roberts of Utah.
The resolution calls upon the senators
and representatives In Congress from
North Carolina, not only to oppose the
Beating of Mr. Roberts, but to pass a low
covering all such cases in the future. The
text of the resolution follows:
"Whereas, ut un election held in Utah
in November, R. H. Roberts was elected
as a member of the Fifty-sixth Congress
of the United States, and as the said B,
H. Roberts is a polygamist, having three
wives and living in wilful defiance of the
sense of morality of tlie American people,
"Therefore, lie it resolved, by the Sen
ale and House of Representatives of the
stute of No-th Carolina, that our senators
and representativea in tg Fifth-fifth Con
gress advocate, the passing of a law which
will forever detiar a polygamist from occu
pying a seat in the Senate or House of
Representatives of the United States.
“Resolved, second, that our representa
tives in the Fifty-sixth Congress be re
quested to use all the means in their
power to prevent the seating of the said
B. H. Roberta, member-elect from Utah.
“Resolved third, that the secretary of
state tie and is hereby directed to send a
copy of Hgso resolutions immediately
upon their passage to the members of the
Fifty-fifth Congress and to the elected
members of the Fifty-sixth Congress."
TROOPS Foil THE PHILIPPINES.
The Trnn sport Grant I‘rrimrinn lor
Her Trl|i liy \\ n> ill Sue*.
New York, Jan. 16.—The sailing of the
transport Grant for Manila has been de
layed by oob r of the Secretary of War.
The big vessel will not sail until Wednes
day. The (late of sailing was changed in
order that the ship could be Inspected by
the war department officials and a proper
farewell be given to Maj. Gen. Lawton,
who is to command the exixslition.
The Fourth Infantry from Chicago and
tt battalion of the Seventeenth Infantry
from Columbus. (>., are expected to reach
Jersey City to-morrow morning. They
will lai taken from the railroad stations
on ferry boats and placed on board the
transport.
Col. Kimball of tho quartermas
ttt h department has Jieen noti
fied thiit a special train. hav
ing on board the Secretary of War.
Adjt. Gen. Corbin, several of the chiefs
of the bureaus of the war department,
and the members of the military commit
tees of the Senate and House of Repre
sentatives will leave Washington at mid
night. The Washington party will be wel
comed on board by Gen. Lawton, who will
conduct them over the ship. A thorough
ifis|M-ctioii will l(e made.
The department is anxious that the peo
|tle shall have a chance to aeo the United
Stales troop ship that will leave this port
carrying men to Manila through the Suez
canal. The vessel, which will he deco
rated, has been ordered to sail up the
North river on Wednesday morning for
this purpose, arriving at Grant's tomb, she
wall turn and pass slowly down the river.
As she passes Governor's Island on her
way put lo sea a major general’s salute of
seventeen guns will be tired by an island
battery in honor of Gen. Liwton. The
Grant will carry ample provisions for the
trip to tlie Philippines, ns well as a large
quantity of medical supplies.
REPORT WITHOUT FOI XHATION.
N Effort Made to Swap Philippines
for llrillsli West Indies.
London, Jan, J6.—Diplomats refuse to
take seriously the revival of the report,
cabled from Washington, that the United
Stales is willing lo exchange the Philip
pine Islands for the British West Indian
Islands,
A high official of the foreign office char
acterized the statement as absurd. He
said that while the continental powers ap
peared to be willing to permit the United
States to hold the Philippines as spoils of
war, they would not be likely to remain
passive spectators of a change in the bal
ance of power in the Far Fast which
would result from Great Britain's acquire
ment of (hose Islands, particularly so at
this critical time in the struggle for dom
ination in China.
The official furthermore remarked that
he did not believe Great Britain or the
United States courted the Inevitable pro
tests and complications which would re
sult from the proposed exchange.
If such negotiations are on foot, the
officials of the United States embassy
here have no knowledge of them.
SITUATION I V FIT,I, CONTROL.
Dispatches From Gen. Otis Yesterday
Were More HeiiNNiirltig.
Washington, Jan. 16.—Oen. Otis was
heard from again to-day, and the contents
of his cablegram were so reassuring ns to
the situation at Manila and Iloilo that the
officials here have come to accept with
out question his statements that the crucial
stage; is past, and that he has control of
the situation.
AX ANTI-SEMITE SAT UPON.
Chamber Refused to Discuss Court
•nnrlal for PI ('quart.
Paris, Jan. 16.—At the opening of to
day's session of the Chamber of Deputies,
the premier, M. Dupuy, demanded, amid
applause, the immediate discussion of the
budget.
M. Firmin Faure, Revisionist and anti-
Semite, representing the first division of
Oran, Algeria, desired to discuss without
delay Col. Picquart's appearance before
a courtmartlal. The premier, however,
suggested shelving Iho matter for a month,
hut as M. Firmin Faure Insisted, a vote
was taken and the chamber supported the
premier by 422 to 74. The budget debate
was then commenced.
W ILL HE THREE WEEKS YET.
Court of Cassation Not Heady to Hold
a Public Hen ring.
Paris, Jan. 16.—M. Ixrew president of
the criminal branch of the Court of Cas
sation, In an interview, published in the
Journal to-day, estimates that three weeks
will elapse before the Court of Cassation
will hold a public hearing of tho Dreyfus
case. The Judge also declares that tho
statement that the court is in possession
of documents furnished by Maj. Count
Esterhazy is inexact.
THE SRUADRON he evolution.
Admiral Sampson’s Fleet Ordered to
Proceed lo Hnvnnii,
Washington, Jan. 16.—The navy depart
ment has designated tho following war
ships to form the squadron of evolution,
which Is to go South under direct com
mand of Admiral Sampson: Flagship,
New York; Brooklyn, Indiana, Texas, Chi
cago, Newark, Machlas. They will be ac
companied by the following names) colliers
ami supply ships: Alarcellus, Lebanon
ami Supply.
The ships are ordered to tie at Havana
prior to Feb. 1 next. The Brooklyn ar
rived at Havana to-day with Assistant
Secretary Allen aboard.
SOLDIERS GET INTO A SCRAP.
Hail n Clank With Negroes und One-
Man Heporleil Shot.
Newport News, Va., Jan. 16.—A clash oc
curred In Phoebus, near Old Point, to
night, between negroes and a few sol
diers from Fort Monroe, which threatened
to prove serious, but, fortunately, no fa
talities resulted. It was reiwrtod that
one tnan was shot, hut the report could
not be verified. A guard trom the fort
scooped the soldiers and hustled them hack
to the post.
DAILY, $lO A YEAR.
6 CENTS A COPY.
WEEKLY 2-TIMES-A-WKEK tl A TEAR
EAGAN CUTS OUT THE ABUSE.
VITI PER ATI VF. LANGUAGE RE
MOVED FROM TESTIMONY.
Document Then Returned to the
War Investigating Com in Inn lon for
Its Consideration—Goad oil to Des
peration, He Says His Former
Statement Was tlie Only Heennrse
lie Had—Was Under n Terrible
('lni rjto.
Washington, Jan. 16.—Tho following is
the text of the letter rent by Gen. Kagan
to the* war commission to-day, with an
amended statement. In reply to tho
charges made by Gen. Miles concerning
the beef furnished the army:
Office of Commissary General of Subsist
ence, Washington, Jan. 14, 1899.
To tlie Commission Appointed by tho
President to Investigate tho Conduct of
tho War Department in the War With
Hpaln:
Gentlemen—l have the honor to hand
you herewith my testimony, which is now
re-submitted and revised in accordance
with tho views expressed by you In your
letter to me of Jan. 13, 1899. The objec
ttonal features and what is considered Ir
relevant matter by you, in which opinion
I entirely agree, arc eliminated.
In this connection I desire to state
that there was never a thought or inten
tion on my part of any disrespect whatso
ever to your commission, but in explana
tion und in extenuation of Iho language
used by me heretofore, I beg to Invite tho
attention of the commission to the fact
that X have been accused practically of
feeding the soldiers with poisoned beef
which made them sick—’’embalmed
beef” so-called, that I have furnished
meat to the army under the "pretense
of experiment,” which charge In effect is
corruption arid worse, because It Jeopar
dizes tho lives of soldiers gent to the
front In tropical climates, and who were
dependent on such food as was sent them;
that these statements have gone, to tha
whole country uncontradicted; that they
have been published and I have been
pilloried in the press of the country us a
•nan who had fed the army on poisoned
meat and corruptly so; that for aUput
three weeks time I have kept silent for
the reason that I was debarred, after
talking with the honorable Secretary of
War, from preparing charges because of
the immunity granted by the President to
witnesses before your commission, not
withstanding the gravity of the accussa
lions; that It is unreasonable to believe
such monstrous charges could have any
other effect than to work upon an honor
able man In such a way as to good him
to a species of desperation, and that it
was hut natural when the proper oppor
lunity was given him to meet and refute
the charges, that he should characterize
them in harsh language and In terms that
are deemid improiier, no matter what the
provocation. I, therefore, withdraw the
language and matter so objectionable, and
resubmit to you now my sworn statement
with the abiding faith that your commis
sion, having all the facts before you, will
decide the points ut issue Justly., Very re
spect fully, Charles P. Eagan,
Commissary General of Stibslatence.
The revised statement is alsxiit 35 per
cent, shorter than that which was ordered
withdrawn because of its violent and abu
sive character. The commission, after its
receipt, went into secret session to read
the document, and decide whether in Us
present form It had been corrected miffl
ciently to permit it to tie made a part of
the commission’s records.
Eagan May He Reprimanded.
In answer to a direct question Secretary
Alger at the close of tho official day said
that the war department had taken no
action in the case of Commissary General
Eagan, but when the Inquiry was pursued
he declined to say one word as to his in
tentions in the matter. It was apparent;
during the day that this matter was re
ceiving attenlion, and In fact the commis
sary general spent some time closeted
with the secretary. Three distinct lines of
action were talked of as within the line of
probability.
The first was a strong letter of reprlm
mand to tie addressed by the President
himself to Gen. Eagan, stating that but
for the Immunity he had promised all wit
nesses before the commission, he would
have court-martialed him.
The second line was an actual court
martial, Willie the third was a court of
inquiry. The purpose of the latter would
lie, It was said, to place upon a military
tribunal the responsibility for deciding
whether or not Gen. Eagan should be tried
by a court-martial. Of course, the court
of inquiry might go a long way into the
matters which led up to the attack con
tained In Gen. Eagan's statement, possi
bly involving a determination as to the
correctness of the chnrgea touching the
character of the army beef preferred by
Gen. Miles, though this would appear (o
lx appointing a second tribunal to inves
tigate the methods and resultß of the first
already engaged on that work.
MINISTERS COMMEND MILES.
Resolutions Fnsscd nt n Meeting of
IloMlon Rnpiinls.
Boston, Jan. 16.—Gem Miles to-day re
ceived an indorsement of his course In tho
controversy with Commissary General
Eagan from the Baptist ministers of Bos
ton.
At their meeting, Rev. J. D. Fultorx
offered the following resolution, which
was passed:
"Resolved, That the Baptist ministers of
Boston and vicinity recognize with devout
pleasure the magnificent bearing of Oen.
Nelson A. Miles in the crucial ordeal
through which he Is passing, as the friend
of the soldier, as the cultured officer, and
as an illustration of American manhood.”
Two Den Gin nt Havana.
Washington, Jan. 16.—Gen. Brooke, com
manding at Havana, reports to the war
department the following deaths In his
command: Jan. 13, Private C. H. Eu
banks, Company 1, First North Carolina
Infantry, typhoid fever; John Meshing,
civilian teamster, Fourth Virginia, acute
alcoholism.
Llpton'a t up Challenger.
I/vndon, Jan. 17.—The Times says this
morning that the Shamrock. 81r Thomas
Upton's challenger, wilt he built of a ma
terial that will make her the lightest yacht
which has yet challenged for the Ameri
can cup.