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SOME RANK FRAUDS.
JgDKKJI OFFICIALS JN ALABAMA
ruos ni vj E TJIEIK POSITIONS.
MANY FLAGRANT ABUSES UNEARTHED.
Special Examiner Chalmers, of the De
partment of .Justice, Makes an Inves
tigation with Startling Results.
Washington,March 6.—(Special.)—The fol
lowing report which was recently filed with
the department of justice here, furnishes
some interesting facts for the taxpayers,
not only of the nothern district of Ala
bama, but on account of the prevalence of
similar methods, in a greater or less de
gree, to the people of all sections of the
United States. It is believed that the aver
age federal commissioner and deputy
marshal is not quite so bad as the examin
er paints those of north Alabama, but the
opportunities to practice fraud are so good
and the profits from such a practice so
alluring that unquestionably a great many
yield to temptation.
What the Alabama investigation will re
sult in in the courts is not Known here. It
Is understood the investigation was insti
tuted at the request of a federal ytrd
jury which was impaneled at .Birmingham,
Ala., last fall. Mr. Leigh Chalmers, one of
the most skillful examiners I*. the employ of
the government, was put on the case, and
af'-cr several months of diligent work he
ba? filed a voluminous report accompanied
by numerous exhibits and explanations.
Mr. Chalmers’s suggestion as to the rem
edy to be applied in the direction of estop
ping such practices, will be read with es
pecial interest as it will prooiily be con
spicuously brought out for considerat < n
later on. Chalmers is still working on the
case in Alabama.
The report is as follows:
"Department of Justice, Washington, D.
C., January 8, 1894.—T0 the Attorney Gener
al.—Sir: In order to obtain a
better understanding of the re
ports that I have hade and am to
lay before you on the accounts of the judi
cial officers of the nor hern district of Ala
bama. I think it best that I should submit
the following facts relative to the adminis
tration of justice in the distr it.
“Upon examining the books and accounts
of the court officers I soon became con
vinced that the immense increase of ex
penses, in the district was not justified by
the legitimate increase of the business of the
courts. An investigation of the vouchers
against the witness fund appropriated for
the district revealed the facts that, for the
fiscal year 1891 witness fees amounted to
$22,555.77. Os this sum $16,412.95 was paid wit
nesses before the United States circuit and
district courts, and $6,142.82 to witnesses
before commissioners—total $22,555.77. For
the fiscal year 1892, amounts paid witnesses:
Circuit and district court, $24,244.93; com
missioners, $12,218.16 —total, $36,463.09.
’ror the fiscal year 1893, including the
months of July, August, September and
October of the fiscal year 1894: Circuit and
district courts, $54,905.52; commissioners’
courts, $30,364.82—t0ta1, $85,270.34.
“This shows an increase for the fiscal
year 1X93 (with the four months added! over
1892, of $48,807.25, and $26,251.48 over 1891 and
1892 combined.
In the 885,270.34 above stated I have in
cluded unpaid vouchers amounting to $17,-
758.10 yet on file in the marshal’s office.
An Enormous Fee Account.
By an examination of the records of the
courts I found that the total expenses in
curred by the United States for the courts
in this district, as per accounts approved
by the court, from July 1, 1892, u, Novem
ber 1, 1893, to be:
Fees of witnesses $ 85,270.34
Fees of commissioners 27,332.49
Fees of United States attorneys... lojit'ij;,)
Fees of jurors 14,974.10
pay of bailiffs 1,723.10
Miscellaneous expenses 3.702.29
Fees and expenses of marshal . 62,61:1.50
Fees clerk U. S. courts 14,093.52
Bu] of prisoners .. .. 14,125.00
Total 2. M
"In order to ascertain the cause of the
enormous increase of expenses in this dis
trict i collected from the records of the
marshal's office the following table of ex
penses, by appropriation, for the fiscal
years 18;'l. 1892 and 1893, the latter embrac
ing the months of July, August, September
and October of the fiscal year 1894, and also
a list of United States circuit court com
missioners with amounts of accounts of
each to-proved by the courts from July 1,
1892, to September 30, 1893:
1891. 1892. 1893,
Witnessess22,sss.77 $36,465.09 $ 85,270.34
Juror 7,126.85 8,691.90 14,974.10
Bailiffs (103.25 1.217 20 1.72::.10
Miss, expenses. 1,159.89 1,302.22 3,102.29
Sup. prisoners . 5,072.60 6,315.61 14,125.00
Fees and exp. . 19,131.85 32,118.22 62,643.50
Total $55,653.21 $86,338.31 $182,438.33
Expenses 1891 and 1892 c0mbined...5141,991.55
Excess of expenses for fiscal year
1893 over 1891 and 1892 combined.? 40,446.78
Pr<dii;il>le for Commissioners.
The following are the amounts of the ac
counts of tne United States commissioner of
this district for the last fiscal year:
Robert Charlson, at Attallas7,o93 95
W. J;. Briggs, Anniston 4,:,29 60
W. 11. Hunter, Birmingham.. .. 3,908 95
I‘. N. Cooper. Russ llville 3,S'JG 65
H. M. McCulloch, Huntsville 2.554 11
J. B. & Helds, Jasper 1,390 50
Id. \. Wilson, Birmingham 1,305 25
J. 11. IP.ne. Huntsville 964 05
E. E. Gr- oleaf, Huntsville 519 60
R. Semt harks, Scottsboro 417 95
Sam Thompson.. 312 60
J. W. Jaggers, Hartsells 306 55
G. 11. Smith, Florence 279 10
O. D. Lair 1 274 20
N. W. Trimble, Birmingham 91 80
R. A. Mosely, Tuscaloosa 47 60
T0ta1r527,232 49
««» Trivial Cases.
“I found that the number of cases brought
before United States commissioners in this
district from July 1, 1892, to November 1,
1891;, to be J,479. Os this number 1,017 were
held to bail by the commissioners and 462
were discharged. Os Un.- 1,017 eases held to
ball the grand jury refused to indict 401,
making 8M q.sis not of sufficient import
ance t.» war: ant an indictment. It is not
reasonable to charge tne grand juries with
a failure to pet lorni their duty wh( n, out of
I, cases submitted to them, tiiey found
616 indictments; and it is but reasonable
to suppus ■ that upon sufficient testimony
they would have found indictments against
the other 401 cases submitted. It is also
reasonable to calculate that 25 per cent of
the ease.; upon willed indictments are based
will fail of conviction on a Imai trial bet -re
a petit. j U! y. taking this estimate as a
basis and taking the entire exy uses of
the court in the district for the term cover
ed by ic" examination (from July 1, 1822,
to Nowiiiwr 1. ls;;::>. viz., $231.5 >!'.9l. we find
that it C( : ■ th( govei nraent • ■ for each
man convicted, and a large majority of the
l.y . strained construction of the
la a. for-• b liquor.
"I .■■ ■th;:; th sc foots and figures to ar
rive at t!;e eau ■ of tiiis profile :to increase
of expen- s, I find that th;- tilft.-rem-- be
tween the items of fees and expenses of
mar: finis a ..d amount paid v. lines;, -s for
the fisv-1 ve-o- i--.it to bo 42-1.92; for tiie
fiscal rear 1 2 tn be JI.JII.SI; for the fiscal
year 1893, including the months of July,
August S: i-t 1 . mber and October, to be
$22,626.84.
“This p- Pits very clearly to the fact
that a “ rv lar;' • sum of the amount ap
propriate! for the expenses of the courts
is linn ■<•■— .irii;.- xp mid in the p? , :m nt
of witnesses. W! > n we take into consider
ation th fa t that cut of l.'M eases tried
bv m i -n wire discharged ■ I
the grand jury f.-hd to indict 401 of those
hold, inakfn a ’ ■ej of <»:■; frivolous <• ( . ■,
with an average of thr- witnesses to each
case. :i“.d th” further f ■■■•< t!at in th*' 4'll
cases igr or--! by tne grand jury the same
wit:;. (1 "e”> wer ie•••bpenacd to tes
tifv l.e'd th- ■ . nd jury. w” .-re forced
to tl ■ - ; :• : that ti ; nt-st cause of
fir- pr in<r- !»<’ ’• nft’ih’.ttable in a
very i to he trifling character
of case.-- ’ eeeh 4 lx >re flic com’nis loners.
M.i-tllntr «f-Ho <>f Affsfrs,
“To s-atisf - myr< if fully as to the char
acter of < —-'s tried by th ■ commissioners
and the mtn ’’.er cf proceedings before them,
and to fully test the legality of the ac
counts of deputy marshal . I took the tes
timony of several per n; who had been ar
rested and tried before commissioners,
THE WEEKLY CONSTITUTION ;SATLANTA, GA., TUESDAY, MARCH 13,1894.
and of those who had attended as witness
es before them, aggregating 165 pages of
typewritten matter, which 1 sulmiit, marked
exhibits A and B. Many of these witnesses
I found in jail serving sentence. 1 also put
myself in communication with citizens In
many parts of the districts, whose replies
to my letters I also submit with the other
testimony.
“This testimony, it true, reveals a start
ling state of affairs in the judicature of
the district.
It appears from this evidence that many
of the deputy marshals had subdeputies ap
pointed by themselves, whose business it
was, by a well regulated system of espion
age, to work up cases for his principal and
act as witness in tiie trial of the cases be
fore the commissioners, thereby receiving
his mileage and per diem in addition to the
pay allowed him by his employer. This
subdeputy, of ‘boot-lick,’ as he is called by
the mountaineers, would ‘spot’ a sufficient
number of violators of the law to make a
trip to the commissioner profitable, notify
b’s principal to meet him at a given point
on the railroai", and together with the ac
cused they would go to the place of trial.
(See pp. Ex. —)
Scouring the Country for Cuses.
“It also appears that some of the com
missioners had their professional witnesses
whose duty it was to scour the country
for violators of the revenue laws, report,
swear out warrants and attend as a witness
in the case and draw his per diem for at
tendance and mileage from the place of
arresting defendant irrespective of the place
of serving of the subpena. (See pp. —,
Ex. —)
“Again, the testimony shows that it was
the practice of some of the deputies to visit
the jails and offer inducements to prison
ers to inform on citizens for vio
lating the revenue laws, and when
successful to take the informants from
jail to the commissioner and have them
swear out a warrant against his victim.
(See pp. —, Ex.—). On this warrant the cit
izen would be arrested, arraigned and the
informing witness used as a witness in the
commissioner’s court, get his per
diem attendance and frequently mileage
from his home to the place
of (Wai, notwithstanding the tact that bo
actually traveled to testify only from the
iail to the commissioner’s office, distant in
'Birmingham but a few blocks. (See pp.
“It appears also to have been the practice
of some of the deputies to use every means
to induce defendants to plead guilty, re
gardless of the facts in the case. ((See pp.
Ex. —)
“These practices have been carried on to
such an extent as not only to bring odium
upon the department of justice, but to the
very great harrassment of and injustice to
many innocent citizens. The very sharp
competition to get business by such methods
has caused the country and cities to be
scoured for victims, who are hunted down
and brought in from the ‘hedges and high
wavs,' until no ignorant man, however in
nocent, is safe in his liberty. Many cases,
not only frivolous but criminally frivolous,
were developed by the testimony.
“I call your attention especially to two
of these cases, that of Anthony Gray, pp.
to —, in ex. A., and C. E. Willborn, pp.
to —, ex. A.
One Victim Pbotograplied.
“Anthony Gray is a poor old negro, 'Sev
enty-six years of age, with frosted head,
body bowed down with years of servitude,
and too ignorant to know his rights. He
was arrested on the information of a pro
fessional witness, taken before a United
States commissioner, as a retail liquor deal
er; intimidated into pleading guilty: bound
over t« court, and, in default of bond, cast
into puson. Knowing that no language at
my command could give you an adequate
idea of the criminal frivolity of this case
and show to what extent the competition
to get business has been carried, I se
cured the services of a photographer and
had him take a picture of the poor old
negro in his nakedness and squalidlty,
which I attach to and submit with his tes
timony as an object lesson. I instructed
the stenographer to take his testimony with
out hindrance or dictation, in his own dia
lect, which carries the import of verity
too strongly to be doubted. (See pp. —.
ex. —)
Names Forged in the Expense Account.
“Recurring to the matter of witness fees,
I will say that I examined several hundred
witnesses’ pay rolls certified by commis
sioners for payment, and by questioning
orally and corresponding with the witnesses
whose names appeared on these payrolls as
to the fact of their attendance, how many
days and what amount they received, and
by comparing the signatures with the sig
natures of the same persons who had served
as witnesses and afterwards testified before
me, 1 became satisfied that they had been
tampered with —names forged, fictitious
names added, and amounts for mileage
and attendance raised. So thoroughly was
I convinced of this fact that I filed a writ
ten protest with the marshal against the
payment of the accounts remaining on tile
in his office unpaid. In fact I am certain
that the greatest frauds are perpetrated
in the district and the largest amount of
money is wasted in the matter of making
and paying witness fees. If a commission
er should lie disposed to defraud the gov
ernment this furnishes him with the safest
method. Commissioners doing the greatest
amount of business in the district all have
clerks and brokers in the offices ready to
discount for cash all witness’ pay rolls in
cases tried by the commissioners, and there
is nothing easier for one disposed to do it
than to get witnesses to sign payrolls in
blank, take their pay and leave the rod
with the commissioner or broker, who can
add the amounts of per diem and mileage
as much as the case will stand, and col
lect the money from the marshal. In fact,
you will find in the evidence submitted,
(see pp. —, ex. —) abundant proof that this
practice has been followed by some of the
commissioners.
“It is but just and fair to call your at
tention to the fact that all of the testi
mony submitted is entirely ex parte, and
much of it of persons who have been con
victed of violating the revenue laws, and
were at the time of testifying, in jail serv
ing sentences, and of others who had, upon
a preliminary trial, been sent to jail in de
fault of bond. It was a subject of harsh
complaint, by some of those interested, that
I went to the jail for any testimony at all,
but when it is remembered that the wit
nesses examined by me in jail were the
same used by the commissioners who had
certified to their credibility and upon whose
testimony reputable citizens had been de
prived of their liberty, 1 will be excused for
not feeling humiliated by their objugatory
criticism.
Some Are Guilty, of Course.
“While there are hundreds of frivolous
cases brought and tried in this district,
there is no doubting the fact that viola
tions of the internal revenue laws are on
the increase, and many offenders who ought
to be arrested, tried and convicted. Yet
this does not palliate the wrongs done and
immense cost of arresting and trying ig
norant and innocent citizens. To find out
the source of and remedy for the evil was
tiie end to which 1 worked. I have tried
to be just and impartial in tracing tiie evil
to its soi rce, and have no hesitation in
saying that it is in the commissioner’s
court. With them the responsibility rests.
The fact that, some of the deputy marshals
have w'orked up and brought before them
complaining witnesses in frivolous cases is
no excuse for them in issuing warrants.
Tiie character and merits of the cases are
before them, and upon them rests the
responsibility of issuing or not issuing the
warrant without which no further wrong
could be done. With the issuance of it
commences the evil, and to prevent its is
suance in trifling cases and against inno
cent persons is the remedy.
Prosecution for I’ratid liecommciKled.
“But this amended remedy will prove as
futile as the original and the evil will go on
prospering. Some more radical rem
edy must be invoked to rid the de
partment of justice id this disgraceful blot.
“It seems to me from all the authorities
I have been able to gather, that United
States commissioners as now appointed, are
entirely independent of any officer or tri
bunal and amenable to none, and cannot
_,e removed except by impeachement or
conv'r lion of crime. In Ex parte Jffim Van
(jrden 3 Blatch. (S. Dist. N. Y., 1851) the
court, Betts, J., used this language;
•• '.\ c(>irnnissioner in the execution of the
duties of his office, under the act of Sep
tember is, 1859, (9 statute at large 162) is, in
no legal sense, a magistrate inferior to the
ut court. No provision is made in that
a< t or in any oilier, subjecting his proceed
ings to the control or review of this court,
n<ir ire his functions declared to be subordi
ii'.te to the authority of any other tribunal.
The court, In making the appointment cf
commisioners, fulfills an agency imposed
upon it by cong ess and no more acquires
thereby a supervisory authority over him,
or bis proceedings in his office, than the
presidetit or the senate has over judges ap
pointed by them. He is not even an officer
of the court.’
“The office of commissioner being a statu
tory ollie.', a radical change, if not a reme
dy for the present evil, is easily suggested;
that is to repeal all existing laws on the
subject of appointment of c( nmissioners,
p ,ss a law placing tne appointing power in
the hands of the president with power to
remove tor cause, limiting the appointment
to licensed lawyers of good standing in the
community to which they are »)p°inted,
prescribe his district, abolish thelfee sys
tem and make the office a salaried] one, ad
justing the salary to the pi obabli amount
of business to be transacted in thcjMistrlct.
There is no gainsaying the fact
that under the present system <| modus
operandi by commissioners, great • frauds
are being perpetrated, lage sums money
are wasted, spies, common inforiqers and
professional witnesses are being bred, great
outrages are bejng committed and vile in
justice done reputable citizens and brnocent
persons and the administration »justice
made a byword and reproach in so ot thv
districts in the United States. To l*sit the
northern district ot Alabama, exaridne tne
accounts of commissioners, learn lie man
ner of proceeding in their courts, ee the
number of criminally frivolous case rought
and tried, attend the courts and re <ae
crowds of witnesses and defendan ttend
ing, see the witnesses and jury deate
broker plying his vocation U1 t.'• y eor
ridors of the courthouse, visit the ’s and
see the squalid crowd of innocent guilty
huddled together in a common jail, * hogs
in a pen, hear their tales of woe.tr their
wives anil helpless children in
homes in some distant mountain <ove are
depending for a bare subsistence upon the
charity of some trusted neighbo- is
poorly’ able to spare It from the scanty £ ire
of his own family, while the defendant Is
languishing in a loathsome jail cell, a vic
tim to the rapacity of some professional
witnesses am* judicial officers is enough to
enforce the conviction that it would be a
godsend to justice to have the doors of the
criminal courts in the district closed. There
is no surer wav to make a bad citizen out
of a patriot than to deprive him of his
rights, persecute him in the name of the
’law and tu.n a deaf ear to his cries for
justice.
Punishment of the Gnilty Is Demanaea.
“I cannot too strongly urge upon you the
necessity of sending to this district a suffi
cient corps of examiners to visit each com
missioner doing any great amount of busi
ness and thoroughly examine all the ac
counts, papers anu process of his oillce» and
to call before them defendants, witnesses,
deputy marshals and all others who may
be able to testify to any tact connected with
the trial of any particular case tried be
fore them and bring out all the facts con
nected with ths miministratii.n of jistice
by them, and it fraud is developed no lay
the facts connected with it before the Unit
ed States attorney who should be instructed
to prosecute the perpetrators to the fulllest
extent of the law. From m ich experience
in such matters I will say that, to a 5J 1 ?*
rough examination into these matters it is
necessary to clothe examiners with fu4l au
thority to compel the attendance and an
swers of witnesses, employ stenographers
and, if necessary, employ the services o.
guides who know the country ami the PeO’
pie. Clothed with this authority. I will
stake my commission on being able to re
duce the expense of the district sao,ooo
per annum. . .
“A thorough examination of the affairs
of the district and punishment of the JA !i . lty
is not only demanded by justice, but '•Hue
to the good people of the mstrlct wl eel
keenly the stigma which is being I . lit
upon their community by the cond 1 of
some of the officers, ami are ready, ■ J ing
ami anxious to render any assistai > at
their command to unearth the frau ¥
punish the perpetrators and purge ti m
trict of the pernicious pactices. jC
“I respectfully recommend that re
port ami accompanying evidence be defer
red to the l’nited States attorney for the
district, with instructions to spare neither
pains nor expense in bringing the guilty to
justice. Very respectfully.
“LEIGH CHALMERS,
“Examiner Department of Justice.”
< barges Against Cowart.
Birmingham, Ala., March B.—(Special.)—
A petition was presented in the federal
court here today asking that \ . Lee Cowart,
a young lawyer of prominence who two
months ago was appointed by the depart
ment of justice as assistant to Examiner
Chambers, be barred from practice in that
court. The petition, which is in the form
of an affidavit, says the affiant ex-Deputy
Marshal C. C. Reid believes Cowart has
been a notorious violator of state and na
tional laws; that he has been an illicit
distiller; that he aided an embezzle to
escape from the Winston county jail
that he is a man of exeeofilngly bad <
acter. A number of affidavits intende (Ko
prove his statements were presented ’
the petition.
Judge Bruce, presiding, granted t»»
nisi and gave Cowart ten days m
prepare his answer.
Cowart has been exceedingly active J>.
securing evidence against the alleged fr
ring federal officials and this is a link back
at him, Cowart claims. Two of the com
missioners who are on the gridiron employ
ed the attorney who is prosecuting the case.
He says the affiants are personal enemies of
his and that he feels no apprehension what
ever in the matter.
SCOOPED THE STATE.
Alabamians Read the Report of Mr. Chal
mers with Keen Interest.
Birmingham, Ala., March 7.—(Special.)—
The people here are bragging on The Con
stitution tonight.
Its exclusive publication this morning of
Examiner Chalmers’s report ls~the talk of
the town.
A Great Service.
The universal opinion here i.“ that The
Constitution has done the public a great
service in printing the report in full. The
people have a right to know these things,
they say. Such practices as those noted in
the report have been prevalent with the
minor federal officers of this district for
years, it is believed. While the people
have complained, it is only recently that
their complaints have been considered. The
examiner’s suggestions that commissioners
be pul on salaries and that none but com
petent attorneys be eligible to the office
meets with unanimous sanction here.
A sensation at tbn Capital.
Montgomery, Ala., March 7. —(Special.)—
The report made by Mr. Chalmers on the
frauds in Alabama was read in The Con
stitution here with the deepest interest.
Everybody is talking about The Constitu
tion’s scoop. The business and professional
men have a good deal to say about the local
papers getting left on the publication.
Friends of some of the commissioners say
that the officials will be able to make a
defense when tiie proper time comes.
But the report has certainly created a
great sensation. The Constitution has been
in great demand. Everybody who takes an
interest in politics has read the story. The
compliments paid The Constitution are
couched in the strongest terms.
JIDGE STONE IS DEAD.
Alabama’s Distinguished Chief Jus
tice Gone to tiie Great Majority.
Montgomery, Ala., March 11.—Judge
George W. Stone, chiet justice of the state
supreme court, died this morning about 11
o’clock at his residence in this city. He had
been able to attend to his duties until two
days ago, when he was compelled to keep
himself at home. Old age was the primary
trouble, but the immediate cause of his
death is heart failure. He will be buried
here on Tuesday morning at 10 o’clock, from
the Presbyterian church.
Judge Stone was a native of Virginia, hav
ing been born in Bedford county, that
state, on October 24, 1811. His parents re
moved to Lincoln county. Tennessee, in
1817. He read law at Fayetteville, Tenn.,
and was admitted to practice in 1831. He
located in Talladega, Ala., in 1840. In 1843,
on the death of Judge Eli Shortridge, lie
was appointed to fill th” varan -y on the
circuit court bench by Governor Fitzpat
rick. He held this position until 1819, when
he located in Lowndes county. In 1856 he
was elected to a seat on (lie supreme court
bench; serving this state well in this honora.
ble position until ISGS. In 1576 he was ap
pointed associated justice of the supreme
court by Governor Houston, being elected
chief justice in 1881, bi which capacity lie
served continuously until his death.
M M GET OVER THIS.
Mr. (Tevelnnd Is N’ovr Disposed to Veto
the Bltind Hilf.
Washington, March B.—The statement is
made by one of the most prominent men
in public life that President Cleveland will
veto the Bland seigniorage bill if it passes
the senate. This gentleman talked with
the pre.-iu. nt yesterday regarding the ma -
ter and the reason given was that the bill
would be destructive of the repose which
now surrounds the financial condition of
the country and, further, that it would
tend tn weaken our credit abroad.
Secretary Carlisle is known to be unfa
vorable to ‘lie hill and he is underst «nl
to have represented to the president that the
money tb it would result, ir.ii.i the coinage
of the seigniorage is not. neede'i and that
it is ills intention to -oil whatever bonds
may be necessary to supply the deficiencies
of the national treasury, and this without
any regard to the dtmtention raised that
tiiis money ought only to be used in com
pliance with the terms of the resumption
act.
CAUGHT NAPPING,
SJEJEItirES BLAI’ IT I'JNE ON TUB
HL E API’ aOLDBVG SENATORS.
THE BLAND BILL WILL PASS THE SENATE
Bland’s Bill Almost Gets Through, Having
I'xssed its Second Reading it. is Put oil
Ils Passage—How It Was Done.
Washington, March 7.—(Special.)—The
silver seigniorage bill came within an ace of
passing the senate this afternoon. The re
publicans had been using it to side track
the tariff bill, but the democrats worked a
coup on them today and got the bill to a
third reading before the republicans dis
covered the game. It was done by the
democratic leaders persuading Senator
Stewart to withdraw his amendment. The
republicans had no idea Mr. Stewart would
think of doing any such thing, but while
they were apparently sleeping Mr. Stewart
did it and the bill went to a third reading
wlthbut a pending amendment.
The next vote was to be on the passage of
the bill. The republicans discovered it al
most too late. They moved to reconsider,
but that will avail them nothing. At this
stage they brought about an executive ses
sion and an adjournment. It will come up
again tomorrow. Being the regular order,
as the bill stands, no amendments can be
offered. It is at the final passage stage.
The republicans can, however, debate it as
long as they can hold out, but cannot em
barrass it with amendments. It is not
presumed they can debate it longer than
two weeks, when it must pass, it may
pass earlier. It must be disposed of before
the tariff bill can be taken up.
How it Was Done.
Washington, March 7.—Mr. Gibson, demo
crat, of Maryland, reported from the com
mittee on naval affairs a bill appropriating
$45,000 for the purpose of reclaiming the
United States ship of war Kearsarge. and
her equipment, provided that not more
than SIO,OOO shall be expended if the at
tempt proves a failure. The bill was
passed.
Seigniorage Bill Culled Up.
Mr. Harris called for a veto on his mo
tion for a second reading of the seigniorage
bill. He stated that his object yesterday
was to bridge the day over in order that
Jie might consult with some of his friends
on the democratic side of the chamber. He
had had such consultation, and now, in
view of wiiat seemed to be the unanimous
views of both sides, and in view of the fact
that after the tariff bill should be reported,
it would have to remain on the calendar
for a number of days, so as to allow it
to be printed and to allow every senator an
opportunity to examine it carefully, he
knew of no better method of occupying
the intermediate time than to take up and
dispose of the seigniorage bill. After its
second reading, he would ask unanimous
consent, which, from the indications of yes
terday, lie was sure would be granted, to
have it taken up, considered and disposed
of.
The bill had its second reading, and then
the vice president asked whether there was
any objection to Mr. Harris’s request to
take it up for consideration.
Sherman mid Palmer Pull Together.
Mr. Sherman said that he would move, if
no one else did, to refer the bill to the
finance committee. He regarded the bill
as one of the most important that had been
before the senate for years. It proposed
the issue of United States notes, to the
amount of $55,000,000, for the current ex
penses of the government. He regarded it
as a grave revolutionary proceeding.
This issue of $55,000,000 would be followed
by the issue of other millions of paper mon
ey without any redemption behind it for its
redemption. He trusted, therefore, that
the biil would be referred to the finance
committee. If a majority of that commit
tee favored it, it could report the bill back,
x ’t surely such a measure ought not to be
feed on the senate in m iinusuai and al
j />st revolutionary course of proceeding.
It could be taken up by the committee
and determined, probably in a day or two,
whether it should be reported; and that
was the course which, ought to be taken.
Mr. Palmer, democrat, of Illinois, argued
in favor of its reference to the finance com
mittee. He regarded a revenue tariff, he
said, as essential to the country; but the
seigniorage bill was one that could await
the settlement of that more important
one.
VoorhceM Spcjilcn for Seigniorage.
Mr. Voorhees, chairman of the finance
committee, said that if he supposed that
the taking up of the seigniorage bill would
result in any delay of the tariff bill, he
would be opposed to it. The situation was,
he said, this: He assumed that a report on
the subject would be made within the next
few hours to the full committee. The mi
nority of the committee would claim and
be granted some time for examination and
consideration of the features of the bill.
He hoped the bill would come out of the
committee after a brief period. It would
involve, however, some days. After the
tariff had been reported to the senate it
would go to the calendar and necessarily
remain there at least a week.
That would be requisite in order to allow
senators to examine it and to prepare them
selves .'.or Tts discussion.
He thought that, ordinarily, a motion to
refer a biil to a committee ought to pre
vail, but the seigniorage bill was a little
out of the ordinary track, and he was will
ing to have it taken up and considered
without that reference.
The bill could be taken up and disposed
of before the discussion of the tariff ques
tion was reached.
The discussion was interrupted briefly to
allow two messages from tiie president of
the United States to be presented, also to
have the conference report on tiie urgent
deficiency bill presented and concurred in.
Not Referred.
The question was then taken on Mr.
Sherman’s motion to refer the seigniorage
biil to the imaiice committee and the mo
tion was defeated, feua—6, nays au. T**e
affirmative votes were given oy Davis, r«-
pumican, M..mesota; Guilmger, republican,
-sew ixarnpsliire; aiorriu, republican, Ver
mont; Banner, democrat, Illinois; fanerinaii,
re-puoilcan, U:;io, anu t uas, iltmocraj, W Is
cuiisiii. Tne uili v,as I’eau ,n iu*l and tiie
presiding officer, Jir. Faulkner, said tne
oiil was in committee ot me wnole and
open to amendment.
Then, no amendment being offered, he
followed with the announcement that the
question was on tne engrossment and third
reading of the bill, and, that stage being
rapidly passed, he said tiiat the question
now wa: , "Shall the lull pass?”
Goldbiiga Cnugiit Napping.
All this had been accomplished so deftly
and speedily that tne opponents of the bill
did not stein to realize mat tneir opportu
nities nad s.lpped at. ay. x’ liiuiiy Mr. iiuar
inquired wliui. nad become or an amendment
wmea Nir. Stewart had olieied or proposed j
to offer, lie was iniornied that Sir. stew- j
art had abandoned tne purpose. Anu, as
me presiding oiucei pul me question “shall .
the oill be nc-.v passed?” Mr. Hoar inter- I
posed a motion to adjourn and called for
Hie yeas and nays.
At first it looked as if the necessary one
fiftn to second a call for the yeas and nays
v-as not forthcoming; but finally enough
senators were counted, and tiie motion to
adjourn was taken by yetis and nays. It
was defeated —yeas 12, nays 59.
The senators voting lor adjournment
were: Aldrich, Allison, Frye, Gallinger,
Hale, Hawley. Hoar. Morrill, Balmer,
Platt, Quay and Sherman.
T«.., i.:it.‘ lutnenls.
Mr. Palmer inquired whether the bill was
still subject to amendment and was inform
ed by the presiding onicer, that it was not.
Mr. Aliison—Has tiie bill passed to a third
reading ?
The Presiding Officer—Yes, and the ques
tion now before the senate is on the pas
sage of the bill
Mr. Allison—Then, I move to reconsider
the vote whereby the bill was engrossed
and read a third time.
Mr. Cockrell, democrat, of Missouri —On
that motion, 1 ask the yeas and nays.
Mr. Sherman made a final appeal to the
senate against hasty action. The course
adopted with this bill was, lie said, in vio
lation of the old established rules of the
senate. Never since the body was organiz
ed nad such an important order been rush
ed pell mell through it. The senate had re
fused to refer it. and now it was to be
passed with scarcely any debate.
That seemed extraordinary. He begged
the senate—the greatest deliberative body
in the world—to pause before hurrying to
its passage a bill which, in his judgment
contained within it things as indefensible
as he ha ( l ever known m a bill. He inti
mated that he would like more time to
present his objections to it. No senator,
he said, had dreamed that the bill was to
pass today. , .
“No matter,” said Senator Harris, “what
people may have dreamed or not dreamed,
if the senator desires further time, he shall
have it.” ~
“I hope the third reading will be reconsid
ered," Mr. Alli-on pleaded. ~
“I prefer being frank 9 being agreeable,
said Mr. Harris, “and I shall not consent to
its going back to the amendment stage.
After some further colloquy tho bill wris
allowed to go over till tomorrow, principally
for the accommodation of Mr. Sherman, but
with no indication that there would be, to
morrow, andy amendment or yielding or
the parliamentary advantage which it oc
cupies.
After action on Mr. Allison’s motion to
reconsider, tho next vote is to be bn the
passage of the bill.
t i*”’t He ’d it Off.
Washington, March 9.—(Special.)—The re
publicans, by one act today, acknowledged
that the democrats euchred them in their
silver game. Finding they could not make
the silver bill a tariff menace since the
democrats rushed It to a third reading,
they abandoned the idea today and agreed
to a vote on the seigniorage bill for next
Thursday. This assures the passage of the
biil in exactly the shape it passed tiie
house.
The only reef on which It can now be
wrecked will be found in the white house.
The cuckoos claim that Mr. Cleveland will
veto it.
John Sherman delivered a long tirade
against it yesterdav and there are those
who think Mr. Sherman's utterances will
make the president even stronger against
the bill than he was. Added to Mr. Sher
man’s opposition will be opposition or
the national bankers and large moneyed
interests. Whether Mr. Cleveland will go
with these people and veto the bill, or will
yield to the great mass of democrats in
and out. of congress, remains to lie seen.
Everybody knows that he is an opponent
of the measure, hut in f' ’e of the aemanos
of the democratic lead in congress, it
is not believed he will ve
He may dodge and allow . to become a
law without his signature.
DR. FELTON DISCOURSES.
StrciDulit in Retirement from Active
Work He Manifests His Vigor.
Near Cartersville, Ga., February 27.—Edi
tor Constitution: Although I am out
politics, I feel corfstrained to thank you for
the noble defense you have made for south
ern people and southern business interests
during the fight against silver and the de
termination of goldbug politicians to wreck
the finances of this government.
I believe the attitude of The Constitution
in regard to these matters has done more
to educate the people of Georgia than any
other one influence in the country during
the present administration.
I began to fear there would be no voice
raised in protest. It seemed as if we were
in the grasp of the “wreckers.” False lights
and treacherous signals lured the people of
the south into the support of Mr. Cleve
land. The people have been deceived by
the eastern leaders of the democratic or
ganization. Their confidence has been out
raged and today the country stands in the
presence of the most terrible financial crisis
known to this republic. The failures in
business have been innumerable—the loss
from shrinkage in values has been incal
culable; the suffering from reduced wages
has been appalling. Homes, comforts and
even the necessities of life have passed
forever from once happy families. Hard
and grinding poverty is pressing our citi
zens in every section of the country, in
every avenue of trade and production.
Railroads and banks are being wound up
by receivers, savings institutions are dis
appearing, furnaces and factories are sus
pending, mining property is a burden to the
owner, merchants are being driven by the
thousands into bankruptcy, employes are
standing “all the day idle” because no man
is able to hire them. Farmers, the
strength of the country, the primary source
of all wealth, have been reduced to the
greatest straits. The farmers of tiie south
are not realizing from the sales of their
cotton the cost of production. In many of
the states, after paying for labor, fertilizers
and other necessary expenses, they find
themselves inextricably in debt.
Last year Georgia's taxable values de
creased millions of dollars, rhis year, in
my judgment, the decrease will be much
greater.
It is even worse among the productive
classes of the north and west. The shrink
age has been greater and tiie suffering
more intense than even in the south. Vt h*le
the south is not accumulating, and cannot
accumulate, wealth under these depressing
influences, yet there is no one starving for
bread, as in the north. Every man, white
or black, can, if he will, earn food and rai
ment.
Since the 4th day of last March there
have been more real values blotted out
of existence than were destroyed by the
late civil war.
The destruction of financial values during
the past year has been greater than was
ever known to this country during any
previous year of its history. The situation
has become so serious, the damage to prop
erty and wage labor so heavy that it be
hooves every citizen to take steps to relieve
the country of the burden that is oppress
ing it. With regret I have that
any citizen of the state, or of the I nited
States, who dares to question the policy of
the administration is insultingly rebuked
by the beneficiaries of this administration.
Any critic of tiie president is immediately
branded as a traitor to democratic principles
and to the best interests of the southern
people. With regret 1 have also notieed
that democratic principles and the platform
of the democratic party sink into insignifi
cance when the office seeker and con
gressman unite to obtain the c ivet- ■! p .s -
tion. it is deemed rank heresy to advc:.-,*c
democratic principles when they <■ me in
open conflict with the supreme authority oi
Mr. Cleveland and I'. s high officials.
I believe Mr. Cleveland and his iruel-Yng
followers in the house and senate are re
sponsible for all the financial disasters
that are overwhelming this people, ami the
question arises, How long shall we .--.ie:
all that is valuable to is, t-> perict fiiis
man to trample upon democratic princ.pies
-only wea -ing the n n of d m
able to wreck the financial prosperity ot
the United States?
If any European premier had exercised
this authority against the rights ol the na
tion he would have been ret.rc., but it ap
pears to me that a hopeless subsert ieney
to official autocracy has setts. 1
down upon our representatives ami
senators in congress. I have not heard or
read of an organized protest against this
usurpation by President Cleveland. Some leo
patriots, it is true, have made individual
protests on tiie floor of the house ami sen
ate, but the great majority are as helpless
and impotent as if bound m cjiums.
When a president ui: the United States,
in the year 1841, betrayed tne pai t> that put
him in power, tiie congressional represeina
(jves and senators belonging to tiiat pai *j
in congress immediately assembled in cau
cus ami among other things adopted tiie
following resolution and ordered twenty
thousand copies scattered among tiie
American people. Mr. Kennedy, of Mary
land, read the report of the cominiiti
and “proclaimed to the nation that from
that day foitii all political alliance between
'them and John Tyler' was at an end,"
that from that day “those who brought tiie
president into power, could no longer in
any manner or degree, be held justly re
sponsible or blamed for the administration
of the executive branch of the government.”
Every member of his cabinet but one imme
diately resigned. Thus the whig party pro
tected its platform and preserved its integri
ty to its constituents. I am pained to say
there is no such political manhood yet ap
parent in Washington. We have reached
a place where the desire to hold office and
weak subserviency to those who can be
stow office, lias swallowed the instincts ot
manhood and genuine patriotism and the
country is left to its present hard fate.
I sat by my fireside a few days ago and
watched the blizzard from the windows.
A storm of sleet and snow covered every
thing in sight, but the blizzard was not
eolder or more general than the gloom and
distress which envelop every industrial
pursuit and business enterprise in the south.
Old Nero fiddled as he watched Rome in
flames and our autocrat goes hunting for
ducks when the wail of poverty, loss and
suffering goes up from ten thousand homes,
where men cry for work, and little children
cry for bread. His mugwump confrere,
who helped him to plunge this country
into that disgraceful Hawaiian imbroglio,
was a fit companion to manifest indiffer
ence to tiie suffering poor of this country.
Nero comes down in history with the exe
crations of all mankind. It takes a soul
of flint and a heart of stone for a president
of the United States to hunt ducks, whilo
his policy has driven tens of thousands of
honest men to hunt work.
I would inquire, Mr. Editor. what
hope is there for this people, under such
a condition as this? I cannot recall a sin
gle act on the part of the president, since
his Present administration begun, which
would indicate any sympathy with the la
boring classes of this country. He is repre
sented as violently angry if his views are
not forced through congress, thus assuming
to himself legislative as well as executive
authority. His caprices and personal ap
pointments are urged with the fury of a
ty rant. It hat he will attempt to do, unless
our congressmen awake to the duty of rep
resenting their constituents, rather than of
obeying the whims and orders of the presi
dent, it is impossible to foretell!
He was said to be a poor man when first
elected to the presidency, but his wealth
grotvs like Jonah s gourd. The country is
full of rumors as to the origin of much
of this wealth, and it is unfortunate for Mr.
Cleveland that his close affiliation with
Wall street syndicates should give color
to many of these reports. It is always
unfortunate to amass riches in a publia
office (for a statesman’s reputation), but
when that public office is also used to shapa
friendly legislation for Wall street monopo
lies. it is doubly unfortunate and damaging,
I ask again, what can you promise tha
people of this country by continuing such
a. condition of affairs as Mr. Cleveland haa
thrust upon a confiding constituency—a pres
ident who, by his management of our finan
ces, by reducing the finances of the coun
try to a single gold standard of value, by
redeeming silver certificates, treasury notes
and all other demands upon the treasury
only in gold coin, has thus made it possible
“for the money power in New York to ex
haust the treasury of the United
States in hours.” I copy
literally the statement of Congressman
Oates in his opening speech at Athens,
Ala. He stated that Mr. Cleveland so in
formed him; arid furthermore Mr. Cleveland
said, “Congress must be careful as to ths
character of the bill for coining the seign
iorage,” because of this money power in
New York.
Great God! what an admission to com*
from the successor of Thomas Jefferson,
Madison, and Andrew Jackson! Sixty-five
millions of people that are supposed to be
American freemen actually brought into
bondage and serfdom by President Cleve
land to the money power of New York!
Let us stand for the business interests
of our section, support only such candi
dates as are loyal to all the people, to the
farmers, the merchants, the mechanics and
day laborers, the lawyers and the manu
facturers, and whose antecedents give as
surance that they will not devote all their
time and consecrate all of their affections to
the office holders and money changers ol
this country.
Wherever we find such attributes of char
acter in a candidate we will be safe in vot
ing for him. and the time will soon come
when public mon will be the servants of
the people rather than feudal lords with
power to dispense honors and emoluments
in the shape of state and federal patron
age. Respectfully.
WILLIAM H. FELTON.
RADCLIFF CLAIMS SELF-DEFENSE
But His Attorneys Are Arguing for a
Continuance of tiie Case.
Kosciusko, Miss., March 10.—(Special )
Rev. W. P. Ratliff, editor, legislator and
leader of the third party in
tiiis district, against whom the
grand jury of the circuit court now in
session has this week found two bills of
assault with intent to kill and murder S.
A. Jackson, druggist and legislator, on
Mat h 3d, was today brought into court.
The prosecution, represented by District
Attorney W. S. Hill and Anderson, Hayden
& Davis, announced ready. After a large
number of witnesses’ names had been
called, many of whom did not report, the
defense, represented by Allen & McColl
and by Dodd & Armistead, made argument
for continuance on the ground that so many
witnesses had not responded and that they
since they had been first summoned, had
discovered additional important evidence,
and, after contest by the prosecution. Judge
Campbell allowed a postponement of argu
ment for continuation until Monday morn
ing at 9 o’clock.
There i*> no excitement and very little
feeling visible about the case, which prom
ises to be one of the most noted cases
celebres in the annals of Mississippi on
account of the political prominence of tiie
parties.
Ratliff claims self defense, and this teo
ry, so far as that portion of the encounter
which took place on the outside of the court
house when Ratliff was being led out by the
sheriff after the hand to hand fight in
the courthons* seems to be supported by
many witnesses. The courthouse is exposed
to public view on the square. There is a
large number of eye-witnesses to the affair,
many of whom probably are not yet known.
THE GENERAL’S SON.
Robert E. Lee, Jr., and Miss Juliette
Carter Married.
Washington, March B.—Robert E. Lee,
Jr., of Roanoke, Ya., and Miss Juliette Car
ter, daughter of Colonel Thomas H. Car
ter, of King William county, V'-.ginia, were
married this morning at o’clock at the
! rtsi'icm ■ of Mrs. Rosier I'Manov, sis'* r of
[ the bride, on Washington Heights, in this
city. The wedding was very quite, only the
relatives and intimate friends of the Lee
ar i Carter families being present. Thera
were no attendants and th” simple cere,
mony of the Episcopal church was perform
ed by Rev. Dr. Nickrin, of Epiphany par.
ish. Colonel Carter gave bis daughter away,
After the ceremony there was a wedding
breakfast, and later Mr. and Mrs. Lee left
for New York. Among those present at the
ceremony were Ex-Governor Fitzhugh Lee,
Mrs. tV. H. F. Lee, of Fairfax county,
p.nd her sons. Mr. and Mrs. Thomas Nelson
Page, Miss Mildred Lee, sister of the groom,
ami Thomas Carter, of Richmond, the
bride’s brother.
fillß
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