davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
NEWS AS COMMERCE.
An Opinion in FIopida Bearing on
Gov. Tillman's Operations.

Governor Tillnan's reported statements
that news Is not commerce and that the in
terstate commerce law has nothing to do
with it, has directed attention to a decision
rendered by majority of the Supreme
Court in 1877, bearing indirectly on this
subject. At that time Chief Justice Waite
in delivering the opinion of the court held
that since the case Of Gibbons VS.. Ogden
it has never been doubted that commercial
intercourse is an element of commerce,
which comes within the regulating power Of
Congress-"
The question at issue is the case of the
Pensacola Telegraph Company VS.. the Wes-
tern Union Telegraph Company. The for
mer company, which had the exclusive
right to establish and maintain telegraph
lines in certain counties in Florida, sought
to enjoin the latter company from using the
right Of way of the Pensacola and Louis
vile Railroad Company, which had been
granted to 1t to erect competing telegraph
line on account of the alleged exclusive
right Of the Pensacola Telegraph Company
under it's charter. Upon the hearing, a de-
cree was passed dismisSing the BILL and an
appeal was taken to the Supreme Court.
The chief justice, in the course of his opin-
Ion, held as follows
Both commerce and the postal service
are placed within the powers of Congress,
because being national in their operation,
they should be under the protecting care of
the national government. The powers thus
granted are not confined to the instrument
talltles or commerce, or the postal service
known, or in use when the Constitution
was adopted, but they keep pace with the
progress of the country and adapt them
selves to the new developments of time and
circumstances They extend from the horse
with its rider to the stage coach; from the
sailing vessel to the steamboat; from the
coach and steamboat to the railroad end
from the railroad to the telegraph as these
new agencies are successfully brought into
use to meet the demands of increasing z
population and wealth. They were intended
for the government of the business to
which they relate. at all times and under all
circumstances AS they were intrusted 10
the general government for the good of the
ration. it is not only the right but the
duty of Congress to see to 1t that inter-
course among the states and the transmits
sion of intelligence are not obstructed or
unnecessarily incumbered by state legisla-
ton "
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
THE TARIFF PROGRAM.
senator Harris Wants an Extension of
Hours This Week

Senator Harris said upon going into the
Senate today that he would at the first
opportunity ask the Senate for unanimous
consent TO have the Senate agree to meet
during the remainder of the present week
at ii o'clock, confine the morning business
TO the first hour of the session and continue
the consideration of the tariff bill uninter-
ruptedly until o'clock. He said that he
had first inteded to ask the Senate to sit
until g. but 1t would be necessary to have
time for executive business. and that could
be transacted after ) O'Clock each day The
Senator also said that the agreement which
ne would present would provide for no roll
calls or votes during the five hours.
Suppose the Senate should not give unan-
imous consent Senator" was suggested
Then l shall make motion to that eff
feet" he responded.
He continued by saying that the regula-
ton would apply only to the present week
and that he would not enter into any ar
rangement limiting the time thus beyond
this week.
Il should not" he said, wish to go be-
yond that in binding myself to these hours
for it is possible that We may in another
week wish to extend them, but we do not
wish to be harsh in the beginning"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
A VIGOROUS PROTEST
Against the Form of Punishment EN-
plOyed i'm the Logan school.

The Commissioners have received from
DR.. ]. y. johnson a letter protesting
against the treatment of the scholars of
the third grade of the Logan school by
their teacher. Miss Mamie L. Tancil The
matter will be investigated by the school
authorities. DR.. Johnson says: "She is un-
kind to her pupils in that she abuses and
insults them by reference to the previous
condition Of most of their parents. She
does not consider the present Strengthened
circumstances of parents OF pupils in the
immediate neighborhood of the school, max
ing little or no allowance for even cases Of
illness of parents. She Furnishes her pupils
'(by punishing)' the whole school, when one
or two are guilty OF infractions by making z
them stand for one hour with hands on
head. She has put my little girl in bed by
the practice, and many others within the
circle OF my patients are greatly ailing.
She is to keep up this wholesale punish
ment for one week, alternating only with
half an hours punishment OF making them
march up and down a flight of stairs in
the building for one solid hour. The par
ents have appealed to her, but their ap-
peals were referred TO Prof. Nalle and i'm
mediately and abruptly ignored and her
conduct sustained" Concluding, he says:
I'VE do not object to any punishment not
brutal and not against health, but We don't
want our children outlawed."
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09

John Yeo. pipeman of No 4; badly burned
and back hurt
Capt. Linhan of No. 4; probably fatally
injured.
AT the morgue-Olie Refs, Company No
A; fatally injured by fall of ladder; died
on the way to the hospital
Hotel Guests Frightened.
The guests of the Davidson Hotel, which
occupies a part Of the building, fled. panic
stricken, from their rooms when the alarm
of fire ran through the corridors. They
were really in no danger, and had ample
time to get out. None Were injured. The
Lillputians' loss is heavy. Roscnfield
brothers of New York, proprietors OF
Miners Theater in that city, own the
show. All this is gone
l.. j. Rodriguez of the Academy OF
Music said: THE loss of Manager Ludwig
Rosenfield will be between $4,000 and $40.
OOO"
The Davidson Theater was opened in
September, 1891, by the Emma Juch Opera
Company. Manager sherman Brown stated
as he stood watching the smoke curling uu
to the studded and frescoed ceiling, which
had been his pride: THE original cost &c
John and Alexander Davidson was be.
tween $350,OOO and S40O,Oon. The loss, OF
course, is mainly on the interior The
walls will stand when all else is gone
There Is no way to estimate the loss but
it may be above half of the original in.
vestment 1t will be at least a year OF
course, before we can reopen. i have nc
doubt the theate- will be rebuilt"
AS nearly as is known, eight or nine fire
men lost their lives in the fire.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
FORD'S THEATER VICTIMS
Senator Harris Meets the Board of Sur
geons Today.
Attending Physicians to Be First Ex-
anime and Then the Claimants
Where the Board Will Meet.

Senator Harris, chairman Of the Senate
select committee for the investigation of
the Ford's Theater disaster, met the three
surgeons this morning who are to consti-
tute the medical board for the examna-
ton of claimants for damages resulting
from this accident. The board organized
by electing DR.. Hoehling of the navy chair
man. The other members are Capt. Edie
of the army and Surgeon Mead of the Ma
rine Hospital service The Senator eX-
planned to the surgeons the general purport
of the inquiry directed by the Senate and
the facts that the surgeons are to de-
velop by their examinations. He instructed
them to proceed by first examining the at
tending physician in each case, and then
with the information thus derived as
basis to examine the claimant merely as
to his physical condition, without refer
ence to his financial needs whatever. The
cases OF death will not be touched by the
board at present, as there are only one or
two instances of doubt as to the real cause
of death, and these will be dealt with later,
either by the committee of Senators or the
surgeons in consultation. There are up
ward Of one hundred claims now filed for
damages for injuries and each of these
will require separate examination.
The Details of the Examination.
The full committee of Senators will meet
on Wednesday of this week for the pur-
POSC VI SSlllHS CeIldl "DETAILS Oh the eA-
animation. There is some question as to
the exact method of administering oaths
to the claimants. The surgeons have no
power to swear witnesses, but this will
be done by members of the committee. For
this purpose il is probable that the COM
mittee will be divided into Subcommittees
of one Senator each, who will take turns
of visiting the headquarters Of the board
to administer the oath TO such claimants
as may appear. Ample notice will be given
to all claimants as to the time when they
will be required to meet the committee
or the surgeons by letter. This branch
Of the work is in charge of Mr.. Milliken,
the clerk of the special committee, who
Is preparing notices to be sent out when
ever the committee agrees upon pro-
gram. The surgeons will hold their ses-
sions at the Army Dispensary. No. 1914 G
street northwest. This is located near the
War Department and consequently the
chief of the record and pension office, whose
advice may be frequently necessary in the
determination of the cases. Most of the
claimants have now returned to their
work in the War Department and will be
thus easily accessible. There are a few.
however, who are still confined to their
homes, and it is possible that in these cases
the surgeons will accept the testimony Of
the attending physicians.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
LAWYERS NOW TALK
The Closing Arguments in the Pol
lard-Breokinridgs Trial.
Mr. CARLISLE REVIEWS THE CASE
Fleeing together the Testimony to
Support the Plaintiffs Claim.
THE JUDGE AND THE LAW

Today the lawyers talk to the Jury that
Is to decide upon the claim made by Miss
Pollard upon Representative Breckinridge
began 1t is probable the talk will consume
most. IL not all, OF this week. Judge Brad
ley Indicated a purpose to put a limit of
time upon each side, but. in response to an
earnest appeal from both Sides this morn
ing decided not to impose any such limit.
but trust to the lawyers themselves not to
unnecessarily consume time
The judge this morning announced his de-
clslon granting, refusing modifying the
prayers submitted Saturday by the attor-
peys on each side. Immediately afterward
ear. Carlisle began the opening argument
Tor the plaintiff and gave promise OF taking
the whole day for his part of the oratorical
olsplay which is to close the celebrated case.
de will be followed in order by Mr.. Phil
thompson and Mr.. Butterworth for the de-
fense and Mr.. Jere Wilson for the plaintiff
me judge, when he charges the jury. will
nave the last word. Both plaintiff and de-
Sendant were present.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
Aqueduct Work,

Col George II. Elliot has made a report
to the chief of engineers Of the opera tions
on the Washington aqueduct during the
month of March. The consumption and
waste OF water for the twenty-four hours
ending at 10 am. March ~ was measured
ard found to be 43.5o5,274 gallons. The
Conduit road over No. tunnel was re-
paired. 1t is proposed during April TO crush
stone for further repairs of the Conduit
road.
The work on the receiving reservoir was
carried on night and day during tho
month. The placing Of the concrete foun-
dalton for the inyert of The tunnel arch
was continued to March IL. making a3i
lineal feet completed during the month and
total of Cog feet from the beginning
The brick lining of the shaft was carried
up distance of ~ feet to reference 80
feet. The lining of the tunnel was com
pieted for distance of 145 feet and the
portion below the springing line was COM
pleted for an additional distance OF IS
feet. tramway was construct I'd from the
top of the hill above the shaft TO the shaft
for lowering the material for lining the
shaft and upper portion Of the tunnel
Four cars were constructed for use on this
tramway. The lining OF the shaft and
tunnel will be continued during April.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
Those Allowed.

The instructions asked for by the plain
fr, as finally amended and allowed by
Judge Bradley this morning, were as fol-
lows:
The fury are instructed that this is an act
for a breach of a contract for marriage. If
the Jury find from the evidence that there
were mutual promises OF marriage. as claim
ed in the declaration, that would constitute
q breach of contract. And the jury are
further instructed that II, after such con-
tract was made. the defendant married
another person, that would be a breach OF
the contract and the plaintin would be en-
titled 10 recover; and 1t would be no defense
10 this action that he had carnany known
the plaintiff before or after such contract:
nor would it be a defense that she had Illicit
Intercourse with another person, r such
were the fact, before she had such inter-
course with him, il he knew the fact AZ the
time OF making the contract
The jury are instructed that II they be-
Eeve from the evidence that the DEFENDANT
made any Of the alleged promises of mar
-iage IN bad faith, not intending 10 keep
the same. and further find that the plain
tiI understood and accepted such promises
In gOOd faith and agreed to marry the
defendant. the bad faith Of the defend
ant is no defense in this action.
In determining whether the plaintln In
good faith understood and believed the
defendant to be sincere in his promise to
MARI her or whether she understood and
agreed that the said promises were not
10 be kept by the defendant, the jury are
70 consider the condition OF the plaintiff at
the time and aimee, and also the conduct OF
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
PRESIDENTIAL NOMINATIONS.
Change Made i'm the State Depart
ment-Other Offices Filled.

The President today sent the following
nominations to the Senate:
State-Edward II. Strobel of New York, to
be envoy extraordinary and minister pleni-
potenuery of the United States to Ecuador;
VIM. w. Rockhill of Maryland to be third
assistant secretary of state, vice Edward
ID. Srobel, nominated to be minister to
Ecuador.
Jusuce-To be attorneys of the United
States: Lewis c. Vandegrift of Del.ware
for the district of Delaware; James F..
O'Brien of North Dakota for the district of
North Dakota.
LOS nasterSmJohn Buckmaster, Alton. Ill.
Willard L. Gillian. Upper Alton. m: John
|. Hoover Wabash Ind; j. B. Smither.
Nicholasville. Ky; John D. Bills. Corinth
Miss; John MCGOWAN, Brookfield, Mo-; AL
len j. Frederick, Allentown, Pa; Robert c.
Howerton, West Point, Va
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
DISTRICT IN CONGRESS.
Protesting Delegatiou.

delegation of property owners, headed
by Messrs. Trescott and Henry Willard,
waited on Senator Harris TODAY 10
protest against the passage of the bill
changing the route of the Belt line rail
road. Senator Harris assured them that
they sholtd be given hearing before the
subcommittee in charge of the hin hefore
action is finally taken
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
Judge Bradley During the Arsumen

Judge Bradley During the Argument.
Mr.. Breckenridge followed Mr. Carlisle's
remarks closely. and Miss Pollard at times
looked her approval There was a large
audience in the court room. which seemed
deeply interested also in this summing up
OF the details of the case. The jury which
has now been sitting a month, and have
heard testimony enough to fill a library
also seemed interested, for Mr.. Carlisles re-
view enabled them to go back over the case
and pick up missing threads, If any were
missing Mr.. Carlisle devoted the morning
TO reviewing that part of the case bearing
CpoE the conduct and reputation of the
plaintiff before her meeting with Mr. Breck-
tnridse. He examined the testimony Of
fered by the defense, and this connection
showed what had been offered to meet it.
asserted that 1t had been fully met, and
that the jury could not believe otherwise
than that Miss Pollard when she met Mr.
BreckinridSe was an innocent and inexpe-
rienced girl
Mr. Carlisle attempted no rhetorical en-
bellishments. but simply made a narrative
out of the testimony. stopping at times to
analyze and compare, where there were
discrepancies between the statements main
tained by the defense and those made in
behalf of the plaintiff. He drew a word
picture of the defendant as he was when
he met the plaintin and gave the jury a
tintype Of the witness taken about the
same time. as the girl upon whom he said
the defendant sought to put more than half
of the burden of the wrong they commit
ted.
Judge Bradley on the Prayers.
About 1O:30 o'clock, after the jury for the
new term had been secured and excused
until Wednesday morning, Judge Bradley
took up the matter of the instructions to
the jury. The prayers for instructions asked
for by both sides were presented to the
court Saturday morning and argued by the
lawyers. Judge Bradley made no announce
ment of his decision then beyond the intima-
ton that he did not consider that the secret
marriage Of the defendant should be re-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
The New York Senator Takes Part
in the Debate.
CHIEFLY AGAINST THE INCOME TAI
But He Refers to CIeveIand's Ha.
waiian Biunder.
HIS POSITION DEFINED

The speech Of Senator Hill, delivered in
the Senate today. was chiefly devoted to
an extensive and bitter attack on the in
come tax feature of the Wilson bill. His
opening remarks however, took wider
range
''The political revolution" he began,
which commenced in 1890 and eliminated
in 1892, was an emphatic expression of the
popular will in behalf Of certain govern
mental policies. Measures and not men
were largely the issues involved in that
movement. Rightly interpreted. 1t indi-
Gated the public sentiment in opposition
to intrenchment upon the reserved rights
of the states through odious federal cleo
ton laws, some proposed and others then
existing; 1t voiced the general demand for
discontinuance of the unwise and inde-
fensible financial system, equally him
drance to the return to bimetallism, as
currency; 1t manifested the desire for a
better administration of public affairs,
greater economy in governmental expendi-
lures and the exaction of higher official
standards in the execution of public trusts;
1t demanded a more safe, dignified and
consistent foreign policy, and 1t condemned
that abuse or perversion of the taxing
power of the government which is known
as the policy Of protection for protection s
sake only and declared in favor of a tariff
for revenue"
He then took up the foreign policy of
the administration, saying:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
A POINTER,

The circulation of The Star n
greater than that Of all the other
Washington dailies combined, and
is believed to be five times that Of
its afternoon contemporary. A
sworn detailed statement of circu
lation is printed each Saturday.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09

Douglas Fisher of Sl1 9th street southeast,
while cutting cheese yesterday, accidentally
cut off the larger portion Of two fingers.
and he was treated at the Emergency Hos
pitaL
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
Mistakes of Foreign Policy.

TT Is not denied that some mistakes have
occurred. Our foreign policy, especially
that relating to Hawaii it must be ad-
mitted, has not met with the expectations
of the people. A sense of humiliat ton pre-
vailed when the project for the restoration
Of deposed monarchy was unfolded by
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
Exceptions Noted.

Each side noted exceptions to the
judges action in admitting instructions
for the other side and in excluding such
OF its own as were not allowed
After Judge Bradley had finished an
nouncing his decision upon the prayers
submitted he asked If 1t was understood
the limitation as to time indicated Satur-
day was satisfactory.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09
o Limit as to Time for Argu-
ment.

Mr.. Butterworth said he thought each
lawyer in the case was anxious for a
termination and would not needlessly con-
sumo time. There were twenty-four or
twenty-five days of testimony to be gone
over, and IL counsel were to help the Jury
In their review of the testimony they would
necessarily have to consume considerable
time. He referred to the wide range of
facts with which they would have to deal
he asked that no limit be fixed but that
the court take the assurance of counsel
10 use as much dispatch possible.
Mr.. Wilson said he also would ask the
court not to limit them. He did not desire
TO consume any more time than was due to
the cause. They had had a vast amount of
evidence He would agree to take as little
time as possible, but he did hate to go into
the argument with one eye on the clock all
the time. The court could see how embar-
rassed counsel would be with such a limita-
ion he earnestly appealed to the court
not to limit them. Two or three more hours
would make little difference
Judge Bradley said he thought a limit
would be useful but he admitted that under
the circumstances of the case il might be
embarrassing. He would therefore trust to
the counsel and impose no limit
Mr. Shelby here noted exceptions to the
judges decisions on the prayers so far as
they were adverse to the defense Mr.. Will
son said II would be understo TODD that such
exceptions were noted on both sides.
Opening Argument for the PLAINTIFF.
Mr.. Carlisle then took his place before
the jury TO begin the opening argument for
the plaintiff.
He referred to the fact that it had been
his duty month ago yesterday to make
the opening statement of the case as to
what the plaintiff claimed would be proved
In this case. The jury and others engaged
in the case were perfCming their duties in
the community. Now it was his duty to
open the argument of the case. They came
now to present the cs Sc that was TO go
to the jury. First he would claim that his
(Coptnued on Second Pe9el
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09

Mr. Johnson of Indiana said he hoped the
correctness Of Mr.. Aliens facts was better
than his quotation. He attributed his an
tagonistic attitude TO his general antipathy
to corporations The company. he said,
was faced with the impossibility OF using
two of three systems. and now asked TO be
given a chance to use the third one. Mr.
johnson said that he had originally been IN
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09

Con ntnued on Second Page.)