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THE MACON TELEGRAPH /•« WEATHER INDICATION'S FOR GEORGIA. GENERALLY FAIR THURSDAY AND FRIDAY; LIGHT SOUTH TO S OUTHWEHT WINDS. ESTABLISHED IS 1H20. MACON, GA, THURSDAY MORNING, JULY 25, 1901 DAILY—®7.00 A YEAR SCHLEY’S LETTER TO LONG AND THE SECRETARY’S REPLY The Admiral Makes Complaint of Maclay’s Unfair References to Himself, Protests Against Low Things and Abusive Lan= guage Used, and Requests That Entire Matter Be Brought Under Clearer and Calmer Review of His Brothers=in=Arms. Maciay and Sampson Willing. WASHINGTON, July 24.—Secretary Long, In accordance with a request from Admiral Schley, today advised that officer that he would order a court of Inquiry to examine Into the entire matter of Admiral Schley’s course In ahe Santiago naval campaign. Later the secretary announced that owing to the extremely hot weather the court would not meet until September and that he would turn over his reception room to the court. The secretary said: "It Is too hot now and I do not think it would be very comfortable for offi cers to alt In their heavy full drew uni forms during August. I issued an or der some time ago dispensing with the wearing of full dress uniforms during a court-martial, but this case will be so Important that every form of offi cial dignity will be observed, even to ihe guard of marines at the door. I propose to give the court the use of the large reception room adjoining my office, which Is a convenient and com modious place." "Will the sessions of the court be own?" '"Unquestionably," was the emphatic reply. "I propose to make that fact very plain. It would be a great mistake to have a secret court. The country has a right to know all that transpires in the way of testimony offered. Per sonally, I should be very glad to have a court'composed of a large number of offkxra, hut the naval regulations re st riot me to the selection of three. I hope to name the personnel of the court tomorrow, and this will give the Judge advocato and recorder ample time to prepare a list of witnesses who are to he summoned. This list will bo neces sarily quite lengthy, and It will take nunc little time to assemble the offi cers here. I do not believe that the Fosplon of the court will he prolonged, because, after all, a great deal of tho talk over the Santiago campaign like the genii’s, which can be c densel Into a small bottle." "Will Admiral Schley he' allowed to name witnesses?" "Admiral Schley," was tho reply, "will be afforded every opportunity for the appearance of all the witnesses he may deslro. He l« nl?> entitled, under the naval regulations, to be represented by counsel.” Kchlry Write* to I.nnir. WASHINGTON, July 24.—Secretary this connection that whatever the nction may be, that It occur In Washington, where most of my papers and data ate stored. Very respectfully, "W. S. SCHLEY, "Rear Admiral, U. S. N. ’o the Secretary .of the Navy, Washington, D. C." Secretary Long's Reply. Secretary Long replied to Admiral Bchley as follows: ‘Navy Department, Washington. July 24.—Sir: I am in receipt of your^ of the 22nd Instant, with reference to the criticisms upon you In connection with the Spanish-Amerlcan war, nnd heartily approve of your action, under the circumstances, In asking at the hands of this department ‘such action ns may bring this entlro matter under discussion under the clearer and calmer review of my brothers in arms/ "The department will at once pro ceed In accordance with your request. "Very respectfully, "JOHN D. LONG. "Rear Admiral W. S. Schley ,U. S. N." Secretary Long acted without consul tation with anyone and without.com municating the request of Admiral Schley to the president. He then called Into his office Rear Admiral Crownln- hleld. .and Captain Cowles, chief and fsistant chief respectively of the bu- eau of navigation, and also Judge Ad vocate General Lemly, who has charge of formalities of naval courts. He H<*nt for Admiral Dewey. A1- igh Rear Admiral Schley did .not specifically for ft court of Inquiry* but left the action to bo taken to th* Judgment of the department, the sec retary, decided that such in court would be the best, moans* of making the in vestigation which th* rear ndmlrnl ha I requested, and the three bureaus, of course, wan called In for the purposa of .discussing the mode of procedure In such cases. After his conference with Admiral Dewey, who had responded Immediately to the secretary’" request for an Interview, the secretary said that h*» had not had time ,to decide upon the composition of the court, but in resprfhse to a question as to wheth er Admiral Dewey would sorve upon such.a^court. If requested to do so, the secretary said: "Admiral Dewey will do his duty." Although no positive declaration has been given on this point, It, Is assumed disapproval rests with the secretary of the navy or the president, according to which one ha? ordered the court. Secretary Long at the close of office hours today said that the personnel of the court would be made known to morrow, at which time also the precept covering the court probably would be Issued. Meanwhile there Is much spec ulation an to the members of the court other than Admiral Dewey. The secre tary himself says there Is no warrant for the announcement of any particu lar name, as he ptill has the question under advisement. He has been mak ing Inquiries during the day as to the availability of certain officers, and it is understood that some telegraphic In quiries have been made of those absent from the city to see if there is any rea son why they should no serve. The sessions of tho court will be held in the large chamber* formerly used as an ante room to the office of the sec retary and .asa'stant secretary. Sampson Is Willing. BOSTON, July 21.—Rear Admiral Sampson said today: "I am glad to hear that Admiral Schley has asked Secretary Long for an Investigation. I hope if there Is an investigation It will be a thorough one, and that not a detail of anything that has been In dis pute will be avoided by the Investigat ing board. "This whole buslners Is inspired by malice, but now perhaps It may all be Investigated, and, If It Is, the president of the United States will know all the facts." Mnelnj* Is Satisfied. NEW YORK, July 24.—Edgar Maciay, who criticised Rear Admiral Schley In a history of* the United States navy, said today: "It Is tho prop- course for Rear Admiral Schley to de mand a court of Inquiry. It Is his only means of vindication. After this court SUPPORT OP TIIE CONSTITUTION PURPOSELY OMITTED FROM OATH OF OFFICE TAKEN RY JUDGES IN PHILIPPINES—PRESIDENT TAFT EXPLAINS DISPUTED POINTS. (Correspondence of Associated Press.) MANILA, Juno 12.—The passngo to day by the Philippine commission of the act organizing the court of the archipelago brought a statement from President Taft In reference to the wording of tho oath of office to be taken by Judges. Support of the con stitution of the United States wqb pur posely omitted from the oath, but rec ognition of the supremo authority of the United States was Included. Replying to a question by Senor Fa* terno, as to whether, slnco It was gen erally assumed that tlio constitution follows the Hag, tho oaths of office of Philippine officials should nqt Include support of the constitution, Judge Taft said: "Tjie oath to support.tho laws of the Phlllpplno islands, if the validity of theno laws depends upon tho constitu tion of the United States, 1h an oath to support the laws enacted in accordance with tho constitution of the United States. Thera was also discussion of tho Issue presented In this form 'dods tho constitution of the United States follow the flag of the United Stntes?’ That It was thought best not to allow discussion by changing tho form of tho oath from that which had originally been adopted by the military govern ment when tho commission came h "Personally, I think that statement of the Insue •« .exceedingly misleading. can bring™™*?. Tm*heedless ft?"mo’ Ev<?ry por80n who comcs to thMe ,8 to comment further upon Rear Admiral Schley’s record, WASHINGTON, July 24.—An effort has been made to secure tho removal of Edgar S. Maciay, the author of the hlutory of the Spanish war contp.lnlng the criticisms of Rear Admiral Schley. Maciay is a clerk In the Brooklyn 'navy yard. Representative Sidney E. Mudd of Maryland, a member of tho com mittee on naval affairs in the lq*»t house, called on Secretary Long today ond represented to him the Impropriety of Mac’a.v continuing «n employe of the government in view of the language of which ho made tiw in referring Admiral 8chley. The secretary prom ised to give the matter his early at tention. OFFICERS REFUSE TO VACATE MICHAEL KELLY OF LEAVENS- WORTH, HAVING KEEN RELEASED FROM ASYLUM, RETURNS HOME AND TRIES TO KILL JURY THAT ADJUDGED HIM JUfiANB—KELLY WAS KILLED. CONSTITUTION AGAIN LEAVES THE COLUMBIA IN A PRETTY RACE. BEFORE THE EVENT, THE VES SELS CAME NEAR HAVING VERY. NEItlo'v J ACCIDENT, DUB TQ RECKLESSNESS, Serious Trouble Threatened In Osceola, Ark., About Two County about,the navy department that Ad- Long this morning received n letter mlral Dewey will be president of tho from Rear Admiral Schley calling at tention to the criticisms against him which are contained In Maclay’a His tory of the Navy, and the inuendoes which have appeared In the press for several days, and stating that, In his opinion, the time had now come to take such action as would bring the entire matter under tho "clear and calm re view of his brothers In arms." He asked that the department take such net Ion as was deemed best to accom plish this purpose. He also requested that whatever action be taken should occur In Washington, where his papers and data sre stored. The secretory immediately decided to comply with Admiral Schley’s request and dictated a letter to the rear admiral, saying that under the circumstances he hear tily approved of his action and that the department would proceed at one* in accordance with his request. Admiral Schley’s letter Is as follows: "GREAT NECK. L. I.. July 22. 1901.— Fir: Within the past few days a se ries of press comments have been seut to mo from various parts of the coun try of a book entitled ’The History of the Navy/ written by one Edgar BUn ton Maciay. From these reviews It ap pears that this edition Ui a third volume of the said history, extended to In clude the late war with Spain, which the two first volumes did not contain; and were in use as text-books at the Naval Academy. "2. From excerpts quoted in some reviews. In which the page and para graph are given, there is such perver sion of facts, misconstruction of inten tion, such Intemperate abuse and def- smatlon of myself which subjects Mr. Maciay to action in civil law. While I admit the right of fair criticism of every public officer, I must protest against the low flings and abusive lan guage of this violent, partisan oppo nent, who has infused Into the pages of hts book so much of the malice and unfairness as to make It unworthy of the name of history, or of use In any reputable institution of the country. "S. I have refrained heretofore from all comment upon the inuendoes of ene mies or murmured in secret snd there fore with safety to themselves.. I think th** time has now come to take such action os may bring the entire matter un ,i*r dlsrussion under the clearer and calmer review of my brother officers, and to this end I ask such action st the hands of the department ss It rn*y deetn best to the accomplishment of this purpose. "L Cut I would rxpr-.ss tberequ'atin court which will Inquire Into the whole controversy concerning Admiral Schley’s actions during the Spanish war. There also Is an impression .that the two other members of the court will be retired naval officers, or at least officers who had no connection with the Santiago campaign. The tv- lection of retired officers would have a double advantage. Not only would they be free from any prejudice grow ing out of their active connection with the .department, but they would have fear of future consequences arising from their course while members the board. The court of inquiry prob ably will not proceed with its work until fall. Secretary Long said today that It would be unfair to ask a court of inquiry to convene in Washington during the present extremely hot weather for the prosecution of an .In quiry Which promises to be quite -pro tracted. The Information that Admiral Schley’s letter aeklng for a court of inquiry hsd been received by Recrr- tary Long soon spread through navy department and not since the re cent war days has any theme,attracted such general attention. Congress in 1895 established principle that no court martial -d be held two years after,the occurrc..., tinder Investigation. Thlo ir according to the naval statute of limitation, and while It bars a court martial relating to the Santiago campaign, ,lt doe* not bar the court of inquiry. In this the court of inquiry would be effective only In establishing records, and would not be preliminary,to a court martial. An important feature In the order directing the court is that specifying whether It shall state only the facta found, or shall also give an ,optnlon based on the facto. Unto* the order expressly requires the court to give their opinion, they are confined stating the facto found. It i* consid ered quite probable, however, that a case of this Importance the ordir would direct the court to record its opinion as well ss its .conclusion of ' facts. Whether the investigation shall be held In open court or not is decided by the court Itself, unless specified In the convening order. This leav**« it tlon.1 with the pr«M.nt or lLcreu™ I»u« to decide that the proceedln*. shall be open or closed, but in case no specific direction is given on th:* nolnf the court will decide It. When the court of inquiry retches are for- MEMP1IIS, Tenn., July 24.—Dis patches received here today told of a serious state of affairs at Osceola. Ark., where, it is .claimed. Sheriff Bowen end Circuit Clerk Driver refused to vacate their office, although having boon re moved by the governor. It wrfs said that many persons w*ro armed and an outbreak was regarded as Imminent. A correspondent was sent to Osceola this afternoon, and at 8 o’clock tonight a telegram was received from him, stat ing that the stories had been exagger ated and that there was no aerloua trouble. A few days ago Governor Davis re voked the commissions of Sheriff Bam Bowen and Circuit Clerk Driver and is sued commissions to John A. Lovewell and J. A. Rhodes, respectively. At the election last September. Rhodes ran for clerk and Lowell for sheriff, on whot was called the independent ticket. Dri ver ran for Clerk and Bowen for sher- Inff on the Democratic ticket. The re turns showed Driver snd Bowen elected and they have held the two offices since. A contest was instituted in the courts and the county court declare!) Lovewell and Rhodes elected. The cir cuit court held to the contrary, and appeal the supreme court of Arksnsas. on July 13, sustained the county court and remanded the cases. Governor Da vis thereupon revoked the commissions of the incumbents. The report reaching here la that the Driver and Bowen factions hold pos session of the court house snd refus to vacate, while Lovewell and Rhodes sre supported by a strong armed lowing, nnd a clash Is expected at any time. Driver and Bowen, It is said, dispute the authority of the governor to revoke their commissions. Feeling runs high. lands accredited as an officer or agent of the United States government, do rives his authority from ,?omo officer who was appointed under the constitu tion of the United States; therefore, it seems to mo that to say that tho constitution hoe* no. operation In these Island*, la to ray something which logically cannot be runtalned, ond tho real question Is not whether tlio con stitution extends to these Island?, but whntjdauses of the constitution affect the government of them. In other words, the real Issue In whether con- grocs or tho president, acting under the constitution in asserting the au- t> of I!..- Unit* *1 Hint.-* In th islands, iu restricted by certain limi tations in that constitution which cer tainly apply to the action of the pres ident and apply to tho action of con- rcss In dealing with the Hate. "Now, the constitution contains a clause which requires all duties on Im ports to be uniform .throughout tho United States. The supreme court 1ms, recent decision, news of which came yesterday, decided thatclauco of the constitution does not apply,to gov ernment created by congress In Porto Biro and these Islands. The statement that tho constitution is in operation in these Islands may thur .mean one thing to one person and another thing to another. Why, therefore, introduce Into an oath of office a form of state ment which,might lead to misconstrue* tlon? Why not follow the old form which serves every purpose?" MANILA, July 24.—Tho Llbertad la authority for tho statement that Behor Paterno will leave tho Fedora! party and will organize what he calls tho Nationalists on a platform resembling hat of the Conservatives, with Agul- naldo us president, anJ former insur gent military officers and former mem bers of the Federal party as leaders. The purpose of the new party will he the ultlmnto independence of the Phil ippines. This coincides with Kenor Pa- terno’s policy, as h# has been making efforts to Induce Agulnnldo to unite with the new party. LITTLE ROCK, Ark., July 24.—Upon his return tonight from Lonoke county. Governor Davis stated that he had re ceived no advices Indicating a threat ening political war In Osceola, and he had nothing to say concerning the re port of prospective trouble there. The governor stated that he had not been appealed to from any source to place the county under martial law. JPED ANOTHER MILL. its decision, sll the papers LEAVENWORTH, Kas., July 24.— Michael Kelly, an insane man, today the office of the Robert Garrett Lumber Company, In tho business dis trict, shot six people, killing one, prob ably fatally wounding another, and re or less seriously wounding four others. He was himself Anally killed by officers, who tried to overpower him. The victims arc: John R. Garrott, nged 40, junior mem ber of tho Arm of Robert Garrett Lum ber Company; died at hospital. Michael Kelly, aged 50, died after being taken to hospital. Dr. Charles Mo«Ge, aged 30, shot In back and probably fatally wounded. Polloe Sergeant William Dodgo, shot In neck; wound serious. Mlclmel McDonald, detectlvo, shot In leg; slight. Joseph Falthager, policeman; shot in hand, wound slight. Kelly had lived In Leavsnworth for years, and at different times bad been engaged In minor business enterprises. Ho was arrested and adjudged Insane, Garrott and four others testifying against him. After a year In tho To peka asylum, Kelly was released. IIo had been acting queerly again and had declared that ho would kill tho Avo men who sent him to the asylum. For two weeks past he has been practicing shooting with a revolver dally at the Fort Leavenworth range. Last night he drank heavily. Soon after 12 o’clock today ho ap peared at Garrett’s office and without warning, shot Garrett ns he ant at his desk. Garrett fell to the floor, nnd Kelly deliberately fired four moro shots Into tho prostrate form. Leaving his victim for dead, Kelly ran to tho rear of the company's lumber yard nnd bo- reloadlng his revolved. Presently ho returned to tho office to And Dr. McGee* who had been attracted by tilt shooting, bending over Garrett. Lovell* Ing his revolver, Kelly took aim at tho physician nnd flred. Tho bullet struck McGee In the spine, and ho toppled over near Where Garrett lay. Then followed an exciting street fight between tho madman and officers who came upon the scene. Ho met Ike Ilcaler, a laborer, and shot him in tho lmnd. A few ynrds farther on hp on- countered Sergeant Dodge. Tho two exchanged shots ns they ran. One bul let from Kelly’s revolver struck Dodge In the neck, but not before that officer had shot him In tl'ie shoulder. Kelly kept running and was uoon confronted by Dotectlve McDonald nnd Officer Faltlmgor. McDonald dropped Kelly with a bullet In the uork. Dodge raised his revolvor, hut It fulled to work, and, catching up with the murderer, he crushed his skull with tho weapon. Kelly was carried to the station Tn an unconscious condition. H6 died soon after his arrival there. Garrett (Jld not regnln consciousness, and died an hour after being tnken to the honpltul. Dr. McGee is still suffering seriously, and It believed he ennnot recover. Dodge's wound 1h not considered fa* tnl, while tho wounds of the others tire slight. NEW LODON, Conn., July 24^—In a flne southwest breeze over itho thlrty- nlno mile course from , New Haven breakwater to Sarah’s Lodge at tho mouth of New London harbor, tho Constitution agnin showed what a su perb racing craft oho is in , light weather and smooth water. She beat tho Columbia today 8 inlns. 23 secs, fully and squarely. There wero no flukes, the wind , holding true and steady; with tho exception of a shift of a couplo of points after two-thinUi of the distance had been covered. The breeze at no time .was of sufficient strength to raise a nlnglo white oap on tho waves. Not a mishap occurred to a yacht, but the Constitution and the Columbia very narrowly escaped a, disastrous collision aa they crossed tho lino. Tho rivalry between Capt. Rhodes, of tho Constitution, and Capt. Barr, of the Columbia, 1» Intense. As they wero maneuvering Cor tho weather gauge just before the start, Bnrr got the windward position with tho Constitution close under his lee. The steam yacht Narada .which was acting us tho committee .boat, was ’ anohored at the weather and of the line. Tho Constitution luffed up thorp. leaving a very narrow passage bstwoen herself and the Nnnula, but.Bnrr ran’ his bowsprit .Into it In what uuemcil the most recklcen manner . The Con stitution is a remarkable hard itoerer. nnd although Capt. Rhodes put hie helm up it wan somo little time before ho.paid off. When she at Inst swung .off u.» bowsprit of tho Columbia whs nenrlv grazing the rtrl* of the Narada Bnrr. to escape a collision with th.* Constitution, put IiIm .helm up , lll( | gybed tho Columbia or Hho the icr main boom would have struck the topmast rigging of tho Convtiti.- tlon and the collapse of her fn n it might have followed. Ho barely clourc* 1 SENATOR JONES ON NEXT ELECTION Ho Believes it eeil McKInle f Selection, nt Will Sue* BEARCY. Ark., July 24.-In a speech here today, Senator James K. Jones expressed the belief that the next pres ident would be a Democrat. While he) would rheerfuly support D. B. Hill or any other man whom the Democrats might nominate, his present opinion Iv that the party might dtsply wisdom In delecting some discreet Jurist or not obscure business man, whose record Is faultier*. Senator Jones said no meeting of the Democratic national committee in likely to lie held before February 22, 1904. FIRST BALI Bee Coo illy, T«* Galveston—gold GALVESTON, find bale of the n« at Galveston arrived today fr< county, and was sold at auction on the Galveston exebani' at 16 cents a pound. The bale weighed 5fg poundg and classed good middling. It wan shipped to Liverpool by the steamer Iran, to be resold. YKW ITTON. nils tin l»* to Fenta Pound, fuly 24.—The r crop to be received KLK» Grand Lodge Will f|„|,| n ss s—s r=r»f* OH Mill and Guano Pactory a Washington, Ga., Has Be»*n gold. SAVANNAH. Ga.. July 24.-The oil mill and guano factory at Washing ton, Ga., la reported today to have been nold to a big combine. The property will be transferred In about ten days. The price paid la not knofrn. The mills | are among; the largest In the state out-1 MILWAUKEE aide of a city. Lake C ity has A dispatch from Dublin, Oa.. says n*xt convention the oil mill at that place, operated as a | Elks. part of the Southern Cotton Oil Com-’ A gorgeous par*'?. j n wh pany. 8. A. Corker, formerly manage j fantastically uniformed Elk* f the mill, has been made aglftont | pawl. was given ibis ofternou I I amounting to JI0,g- were di the various if la.. July 24.—Halt selected for the be grand lodge of b S.teO portlet' STILL SEEKING TO SETTLE LYNCHING It Has Not lie Lynch. DeHnltely r Kalians isslnaled. WASHINGTON, July 24.—Acting Sec tary Hill today dispatched to the Italian charge here. Count Carlgnanl, a copy of the report of Governor Lon- gino of Mississippi, upon the recent killing of Italians at Erwin. The gov ernor says that It has not yet been determined whether the Italians were naturalised citizens of the United States or not. After receiving news of the lynching, he Immediately sent the sheriff of Washington county, In which county the affair took place, to the spot, and on the second day the gover nor went there in person and learned that every endeavor was being made to obtain the names of the guilty par ties and facts sufficient to Justify ar rest. The citizens of Washington coun ty, the governor saya, deplore and con demn the outrage, and at a meeting callc*d to take action against Its pe potratora, passed strong reaolutloi condemning their act and requesting the governor to call a special aesi of the circuit court of the county to discover and convict the guilty parti* and also asking him to offer a reward to facilitate this purpose. This, th governor says, has already been done In conclusion. Governor Longlno as sures the state department, and re quests that the assurance be communl rated to the Italian government, that every proper effort is being made to bring the lynchers to justice. A study of the governor's report makes ft appear that, after all, the question of the nationality of the mur dered Italians will not be the princi pal t**u* in the Inquiry. The governor !'*ans strongly to the belief lhat there was no real lynching, but that the affair was a simple aaaaasinatlon and that the m«*n were not killed because they were Italians, but na » result of a tribal quarrel. Should this view be sustained by the inquiry now in pro gress, the case at once will lose Its In lernatbx.ul ALABAMA HAS UP SUFFRAGE SCHEME Ontea Hmym u |„ Narrow Admit Nunifl Mrgro«a la U* Whites. -IIo Would Preference MONTGOMERY, Ala., July 24.- > article, which entUlod to vo to "* ‘ha "Bnm.l- P for conHiUor.i- natltutlonal con. 4 of Uu mate* that all tho under what la kiln father clau„," W jn tlon today In tlio vontlon. IJeloKAto O’Neal of Lauderdale .poke for tho majority plan a* It etanda. IIo painted a Cray* problem of oarrylnj “Ionic a dlHtlnct race, and the Import, unco of purifying the ballot. He con* tended that tho flftoenth amendment did not erect a barrier to dlifronchlx j the negro outright, Governor Uatoa took the floor for tho minority report, •It hoe been decU,.,i that the purpose of tble convention was tu eliminate the negro from »«i, frnge," said Governor Oat*:<. -This •» narrow. The purpose was to n i. , v our beloved state from a condition Inc . which we have fallen by dishonest «•:* ■ - tlon*. The negro Is here nml \ H tt vm r by no net of hla own. It w.i« tho |, .1 . ,* of tho Republican party to fn*». him ,1 r 1 give him suffrage, and It wan but nat ural that the negro should >>>• grateful " Governor Oates said he would a.Jtmt some negroes In prefer, nc- to n.mu white men. VIRGINIA RICHMOND, V, ures of today's *-• ’ nril ••onv.Titli.n tl mrnlH. . and the passage < by Mr. O'Flalurtj Ized account of the civil conting' for the past ten -'(INVENTION. • July |4 Th slon of the co ty days, but th< of nln be lor members of th< of the legtilatur janitors. tlons on suffrag the poll tax, if $1.60, and snoth qualification. M suffrage plank. Mr Hubbard providing for a State cvtry L/