davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
Mr.. DUP0NT'S CLAIM
Senator Mitchell's Views on the Del
aware Contest.
he THINKS DUPONT LEGALLY ELECTED
Right Of the Acting Governor to
Vote as Senator.
LETTER TO MIR. HIGGINS

Senator Mitchell of Oregon, who is the
senior republican member of the Senate
committee on privileges and elections.
which will pass on the credentials of Mr..
Henry \. Dupont and of any person APP
pointed Senator by the governor of Della
ware. has written the following letter:
WASHINGTON, d. c., May II, 1875.
Hon. Anthony Higgins,
Atiorney-at-Law, Wilmington, Del.
1 beg respectfully to acknowledge with
thanks the receipt of yours of the 1lth in
slant, inclosing memorandum of the
constitution of Delaware, cut OF which
Henry A. Dupont was elected by the leg
islature of Delaware as your successor.
l have examined with considerable care
the various provisions, together with me
suggestions you have made.
While, perhaps it is scorcely proper that
one who will be compelled to pass upon the
question first in committee and then In the
Senate should express an opinion IN ao-
vance of full argument, l have no hesita-
ton in giving you personally my present
Impressions, which are very strongly 10 the
effect that the acting governor of your
state, holding" the office of governor, has
no right while holding such office and eXer-
cising it's functions to exercise any of the
functions of senator, either those relating
to the election of a United States Senator
or otherwise. If am right in this, then 1t
Dupont was legally elected Senator.
In reaching the conclusion that the speak
err of the senate while holding the Office of
governor cannot exercise senatorial func-
ticns it is not necessary to. go to the ex-
tent that entering upon the office of gov
ernor he forever ceased to be a senator
His functions as such may be, and think
were, entirely suspended, but, if, for any
reason, for instance, by the election OF a
governor before the expiration of the term
of senator for which the acting governor
was elected, he ceased to hold the office of
governor and exercise it's functions, there
would seem to be no reason why he could
not then properly resume and exercise the
functions of senator to the end of the term
for which he was elected as such.
There to my mind very many rea-
sons to be advanced why this view of the
constitution Of your state is the correct
one, while the arguments, it seems to me,
in support of the position that the same
person can at the same time exercise the
double functions of executive and legis-
lator, lave but slight if any support aris-
ing either out of the various provisions of
the constitution or of general public policy.
Possibly on full argument of able counsel
the view I have taken and which l here
suggest might be changed.
(Sisned( JOHN H. MITCHELL.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
MORE TROOPS REACH CUBA.
Arrival of Two More Transports From
Spain.

HAVANA. May l5.-Important revela-
tons have just been made regarding the
action of Gen. Calleja, who was captain
general of Cuba previous to the landing of
Marshal Martinez De Campos. 1t appears
that Gen. Calleja, at the mencement of
the revolution lamented the outbreak and
sent a Geographic message to Gen. Ca
priles, who was then governor of Santiago
de Cuba, instructing the latter to call up
on various persons to remember their
promise not to revolt SO long he was
governing the island, and also to inform
them that il they acted up to their prom
iseS in this respect il would be favorable
to their private interests.
Two transports having on board addi-
tonai troops from Spain have arrived at
Bayamo.
Sada. SECRETARY of the Cuban revolutionary
party and Carlos NJ. Cecepdes will sail at
once from this city for Jacksonville Fla
where they intend to address meetings and
collect money to help along the cause of
their compatriots. From Jacksonville they
will go to Tampa and possibly to Key
West.
In the latest letters received by the
Cuban leaders in this city from Gomez and
Marti they say that they are in excellent
sp rits over the progress which the reyolu-
tiCniStS making.
A couEcil of the Cuban generals had been
held, at which Jose Marti was acknowl-
edged as delegate of the revolutionary
party and the title of major general was
conferred upon him.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
SHIPS IN DERING SEA.
British Vessels to BE Sent There
Limiting the Seal Catch.

British Vessels to BE Sent There
Limiting the Seal Catch.
It can be stated authoritatively that
patrol against poachers and to use every
effective means of carrying out the Paris
award and the British law based thereon
The Instructions to the British ships will
not, however, direct the seizure of vessels
found with arms, but will require other ex-
ternal evidence of sealing, such as the pos
session of skins, presence of blood on the
ship, &c, as a basis of seizure.
At the request of the British embassy.
Earl Aberdeen governor general OF Can
ada has been directed to furnish the list
of ships for patrol of Boring sea. He viii
forward it as soon as it is received from
the commander Of the British fleet at Van
couver In view of these facts, ii is de
ciared by The representatives Of Great
Britain in Washington that there VIII DC
full and sincere cooperation in the PATROL
ling of the Bering sea against poachers.
The treasury officials have practically de-
cidad upon the number of skins which the
North American Commercial Company may
take during the coming season. The com.
pany will be authorized to take 800 skins,
and this number may be increased to any
number not exceeding 1000 if, in the judg-
ment of the department s agent at the
Pribylof Islands, such increase would not
seriously eudanger the natural increase of
the seal herds. The department has tele-
graphed to the commander of the Grant, at
Port Townsend, instructing him to proceed
to join the other cutters of the Bering sea
fleet as soon as her repairs are completed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
DISTRICT GOVERNMENT.
TOdDy's Orders.

. The Commissioners today ordered:
That water mains be laid as follows, the
work having been duly advertised and no
objection received thereto:
IN alley. square 7O1, between Half and
list streets and NJ and N streets southeast,
lots to be assessed-Nos. 56 to 90 and E and
F, square FOL.
In 9th street between 1 and K streets
northwest, lots to be assessed-South Is
feet OF p, q, g. %, ~, %, 10. IS, Il, 49, IT,
north 20 feet of %, square 1; also lots So
%, %, ~, 8. 10, II. II. F and A, square ).
In 25th street between NJ and Pennsyl-
van;a avenue northwest, lots to be assess
ed-Nos. 10. %. 21, D. of %. 81, 49, 30. 81
50, 81, IS, 80, 81. IS. 50, 60. square IA.
In 18th street between Philadelphia and
Omaha streets northeast, lots to be assess
ed-Nos. 1 and part of -, block S. and lots
Ii and IA of block 4.
In K street southeast between 18th and
18th streets, lots to be assessed-Nos. !,
81, 81 30, SO, 81. and 8, square 1046. and
lots IS, 10, A, AZ, 46. AZ. Is, 10, 20, p, %
%. "a. %. of g. and 81, square 104I.
An allotment of $500 from appropriation
for purchase and repair of pumps. to be
expended for labor necessary for the care
and preservation of public pumps and of
abandoning wells, is hereby approved.
That fire hydrant be erected in the
forth side of L street between 9th and 9Th
streets northwest; estimated cost, SS5.
That catch basin be constructed at the
northwest corner of 18th and T streets
northwest; estimated cost, $50 chargeable
to current street appropriations.
That new pump be erected at 18th and
K streets northwest; estimated cost, $35.
Bids Opened.
The Commissioners this morning opened
bids for furnishing paving brick for the
next fiscal year. The bidders were: Wash
ington Brick and Terra Gotta Company,
$3.50 per thousand at place of work, and
$3.50 per thousand delivered at District of
Columbia property yard; Virginia Paving
and Construction Company Lynchburg,
vitrfiei brick at s1T.25 per thousand; Fred
erick Brick Works. paving brick, $3.50 per
thousand; John Roebrecht, vitrifed brick
at So. 40 per thousand: John M. Mack, Wit
rified brick at sd 60 per thousand; Francis
& Rouf vitritied brick at Sl6.i5 per thou
sand; Harris Brothers & Lane, vitrified
brick at s21 80 per thousand: Charles Ford,
paving brick a IS per thousand.
Building Permits.
A building permit was today issued 10 H.
r. Boaz for the erection of a two-story
brick dwelling at 1907 F street northeast,
to cost 81, 500.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
POTOMAC FLATS CASE.
MIR. TagSart Says Alexander Island IL
Property of the District.

Property of the District.
In the Potomac flats case today Assistant
District Attorney Tasgart concluded his
argument in opposition to the contention
of owners of lots in square G3, 50, 100. south
of II. and 20, shortly before noon, and Mr..
H. Randall Webb representing those
claimants. briefly replied.
During Mr.. Taggart's argument Judge
Hagner called his attention to a patent
granted by the Maryland colonial authori-
ties in 1852. conveying Analostan Island to
one Brandt. Mr.. Taggart stated that was
true, and he also stated that the colonial
records showed that Maryland possessed
both Anaiostan Island and Hohner Island.
the latter now known as Alexander Island.
The latter Island, explained Mr.. Taggart.
had never been granted by Maryland to
Virginia. and he intinla ted that there could
tie no dosbt that the United States is today
the owner in fact of Alexander Island.
Mr.. Taggart also added that when the
present case was disposed of, he would pre-
pare for "fillrs in the United States Su-
preme Court q suit on behalf of the United
States against the state Of Virginia to re-
cover possession of Alexander Island.
n Robert Peter Claim.
When the case of the owners in the
above named squares was concluded, the
court next took up that Of George Peter
and VIM L. Dunlop, and the other heirs
and devisees of the late Robert Peter, who
claim part of square II, and assert that
they are entitled to certain riparian rights,
similar to those of other owners os lands
adjacent to their own. These claimants are
represented by MeSSrs. Totten, Gordon &
Gordon, aud Peter. and Mr.. VIM. A. Cor
don opened the case in their behalf.
Before the monday recess of the court
was taken, Chief Justice Bingham an
I.ounced that the court would adjourn to-
morrow afternoon until Monday. in order
tc allow Judge Hagner to hold Probate
Court Friday.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15

The announcement that the subject:
shall the Colored People of the District
of Columbia Encourage the Negro Exhibit
at Atlanta?" would be discussed before the
Bethel Literary and Historical Society, had
the effect of attracting 10 the Metropolitan
A. NJ E. Church last night one of the
largest and most attentive audiences ever
assembled before the society.
The attendance included representative
men of the colored race in this city. and
Commissioner I..Garland Penn delayed his
departure from the city in order to partici-
pate in the exercises.
Rev. Dr. j. t Jenifer, Prof. W. S. Mont
goTaery, Mrs. B. K. Bruce Miss Maria l..
Jordan, Mr.. L. w. Pu.ies, Prof. Hershaw,
Mr. Penn and others spoke. The speakers
ne arly all earnestly urged that the negroes
Of the District should be represented at the
eXunS;tinn
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15

i is weR for aeperttsers
to &efp steaoifp in ,aino TIE
fact RM t6s Star mates
a sworh oefaifso statement
eae6 Saturday Of It's cireus
&fionfsr tie preceding wss&
ano @afat is tie mas6s
tngfon hewspaper &at rec
ognt3ss Be r;gG Of tie ao>
perfissr 70 &now tie measure
Of ps86eitp'for w6ic6 6e is
raging. T6s amount Of aos
oertisin9 appearing oaifp It,
E6s Star is ample epiosnee
tat tits poacp is apprsei>
atee. tie acreage oaifp
circulation fast weea epas
33,314.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
FINANCE AND TRADE
Wall Street Prices Depressed by
London Reports.
RAILROAD LIST REMAINED STEADY
Big Sales Of Reading Being
Made.
GENERAL MARKET REPORTS
pecial DISPATCH to The Evening Star.

Special Dispatch to The Evening Star.
NEW YORK, May l5.-Infiuenced by
London's quotations, the local market OPEN
ed at declines varying from Is to ga per
cent, and subsequently became irregular
under fair volume of business. Arbitrage
houses bought a few stocks during the
morning, but sold upward of $1,000 shares
later in the day, and reported an improving
demand in London for international issues.
The reports from the west were more en-
couraging, and indicate that the damage
resulting from the lower temperature will
be more than offset by the rains which fol-
lowed.
The railroad list was steady throughout
the morning, but in the main prices were
not Up to yesterdays level.
From the course of the market 1t is diff
ficult to determine whether the policy of
buying on all concessions. or that of selling
undoubtedly true that the short account has
figured more prominently in the trading Of
the last two days than at any time recent
ly. Under the circumstances a reaction
may result but there is little probability Of
the decline extending beyond reactionary
limits, as the market responds more easily
to the good points in the situation than it
does to the bad.
Traders generally believe that the mar
ket is honeycombed with stop orders l or 2
per cent under prevailing prices, and eff
forts will be made from time to time to
dislodge them.
Reading was freely sold on this belief, a
prominent bear trader being credited with
sales aggregating over 10000 shares, the
price yielding l IL per cent as the result
of the movement. The grangers sold off
fractionally under room operations, to
which no significant motives We're at
tached.
The bulk of the business centered in the
industrial group. Sugar. as usual, occupying
a prominent place. Opening at fractional
decline the price was marked up 1 per cent
on purchases by pool agents, but subsc-
quently selling orders predominated, re-
storing first prices.
Chicago Gas was advanced 11a per cent
under purchases in which both accounts
were conspicuous. There has been contnu-
ed selling of this stock in opposition to a
strong bull pool, but present indications are
favorable to the triumph of the latter or
ganiZa ton. An effort may be made tomor-
row to pass the frontage bill over the gov
ernor's veto.
Distiller's was again active up to % 5-S
traders contributing to the advance
The foreign exchange market was firm
at fractional advances over yesterdays
rates. The absence of security bills is re-
sponsible for the advance. as bankers are
disinclned to draw freely at present low
rates.
1t Is probable that the firmer tone of
this market will yield shortly to a good
supply of bankers drawings. The trading
of the last hour was moderately active,
with prices in many instances at the low
est point of the day.
The hesitancy to buy prior to a reaction
is again marked and should Europe with
draw her orders the long overdue decline
would speedily follow.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
Joseph Smiths Will.

The will of the late Joseph Smith, dated
March {, 1885, was filed today. A codcil
was attached, dated May 6, 1890. Chas. C.
Glover and VIM. r. Quicksall are named as
executors and to the widow of the de-
ceased the household effects are given.
Mrs Smith is also to have an annual in
come of 81 900 from the invested proceeds
of the estate Should there be any surplus
$500 are TO be- given to Charles Smith, a
brother, annually, and if there should be
a further surplus the balance is to be
equally divided between Elizabeth Kinney
ana Susan Hay.
At the death of the widow the estate is
to be divided into fourteen equal parts,
VIM. +. Mosher, Elizabeth Kinney and
Susan Hay 10 have three equal parts each;
Eugene T.. smith and Rufus L. Smith, two
equal parts each. and the remaining one
fourteenth equal part TO be equally divided
between Andrew and Elizabeth Whitlock
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
CLAIMS GUARDIANSHIP.
Miss Mary Heath Files Bill Regard
ing Her Brothers Children.


ing Her Brothers. Children.
Upon the application of Mary II. Heath.
said to be clerk in the Navy Department,
Judge Cox late yesterday afternoon de-
clared the two minor children. Francis
Rives Heath and Elizabeth NJ. Heath, of
whom Miss Heath claims, it is said, to be
the guardian, tc be in the jurisdiction of
the court. Roscoe B. Heath, understood to
be the father of the children and the broth
err of the complainant, was restrained until
the further order of the court, prayed
in Miss Heath's bill of complaint, the re-
straining order being made a temporary
one returnahle on the 2sd instant.
just what the bill of complaint contained,
or in what way the court was asked to re-
strain Mr.. Heath, could not be learned
from the papers in the case, as. by direc-
ton of Judge Cox, they We're withheld
from the public, for the reason, given
by the court officials, that the matter was
purely a family affair, in which the public
has no interest.
1t is understood, however that the chill
dren were placed under the guardianship
of Miss Heath at the request of their
mother, and that the court is asked
to restrain the father from interfering in
the matter it being asserted that he joined
with his wife in making his sister their
guardian several weeks ago Miss Heath
is represented by Mr.. R. Ross Perry.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
ONLY ONE CHANCE.
Court of Appeals Rules Against Jos.

Upon the motion OF District Attorney
Birney. the Court of Appeals today dis
missed the appeal noted in the case of
Joseph A. Beam. convicted before Judge
Cole several weeks ago of the murder of
his stepdaughter. Annie L. Leahy, on the
22d of last December.
Counsel for Beam took no exceptions
during the trial, being entirely satisfied
with the rulings of Judge Cole, but sought
to go to the Appellate Court on the refusal
of Judge Cole TO allow them n new trial
on the ground of newly-discovered evil
dence. This evidence, Beams counsel
claimed. showed that Beam at the time of
the crime was, and is now. of unsound
mind.
The action of the Court of Appeals to-
day leaves the condemned murderer hut
one chance. that of an appeal to the Pres:.
dent for a Communication of the death SEN
tence. Such an appeal will be made, but
it is understood that District Attorney
Birney will insist that the law should take
it's course.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
Lower Death Rate.

The health state of the city underwent a
material change for the better during last
week. According to the reports of deaths
to the health department the number fell
to 81 as against 134 in the preceding week.
Accordingly, the death rate was only 1851
per LOCO people as compared with 1888 by
the last report. The mortality from acute
lung diseases declined from % to e. while
the comparative cessation of fatal attacks
from contagious diseases was continued.
Neither dphthera. whooping cough nor ty-
phoid fever caused any death, and there
was but one each from measles and scarlet
fever. A general review of the health con-
ditions of the city indicates that they are
sufficiently satisfactory as compared with
similar periods in other years.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
Release of Roberts.

Henry Roberts, the small boy who was
released from Jail under the poor convicts
act, when there was charge of assault
with intent to kill pending against him,
has not yet been captured. Just who is re-
spons:ble for the release from the jail OF
the youth is a question that has not yet
been settled. 1t was stated yesterday that
the trouble resulted from the manner in
which the business has been transacted al
the Police Court, but Clerk Potts says that
Warden Leonard is responsible for the
Toys release. He says that when the boy
as released under the poor convicts' act
there was a commitment on file charging
the assault with intent to kill.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
baltimore Markets.

BALTIMORE, May 15.-Flour active, unchanged
receipts. l.s3S barrels; shipments. l2,1:.0 barrels
sales. 4.SOO barrels. Wheat strong-spot and month";
Go1sa69%i June. 63R asked; July, 6sl4a6Sai; Au-
gust, 6St2a6Sal; steamer No. red 81. aae6ai-re
ceips, GAIT bushels; stock 370.i14 bushels sales
10000 bushels; southern wheat by sample. 1laI2
month, 56assi:; July. 55%a56s; August SIS hi
steamer mixed So bid-receipts. 10.363 bushels
era white corn. 55a56k do. yellow, J6iaa57. Oats
steady, demand good.No. white western, 37a
els: stock, III, G96 bushels. Rye slow-No. .. is
stock, 1872 bushels. Hay steady-gpod to choice
timothy, $13. bOaSl4.00. Grain freights very dull
| unchanged. Sugar firm, unchanged Butter steady
fancy creamery, 1Sa19; do. imitation, I3aI6 do
iadie, 13a14; good ladle, 11a12: packed Sa10
Eggs tirm-fresh, y. Cheese quiet, unchanged
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
Washington on the third Tuesday of May
Yesterdays Afternoon Session.

1896.
Yesterdays Afternoon Session.
At the afternoon session James Peabody.
editor of the Railway Age, read paper
on Protection of Public Interests During
Railway Labor Contests" Much of the
time was consumed in discussion of a reso-
luton offered by Commissioner Te.sberg of
Minnesota. declaring that a considerable
number of citizens of the United States be-
Eeved it to be for the best interests of the
people that the government own and oper-
rate railroads; that there was no reliable
data accessible to the public of the cost and
value of railroads; that the question was
one of great Importance in the consideration
of rate cases bys commissions and courts,
and that the convention should petition the
next Congress to consider the ACCESSIBILITY
and feasibility of ascertaining the cost and
present value of railroad property and the
probable cost of reproducing the roads.
The resolution was finally laid on the
table. After the session the commissioners
went to the White House in a body and
were received by the President.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
CARNEY DECLARED CRAZY.
lie Was Found Sleeping in One of the
Aston Beds.

NEW YORK, May 15.-John Garvey the
"Bowery tramp" who, on November Is,
1894, was found comfortably resting in a
bed in the mansion of Mrs. VIM. Aston,
and who since that date has been impris-
oned in the Tombs, was today judcially
declared insa lie and ordered to be sent to
the state asylum at Matteawan. When Gar
vey was fl st arrested he was fined So for
d!sorderly conduct, but. at the instance of
John Jacob Astor the tramp was suisse
quently indicted for burglary. A stubborn
fight was made in his behalf, but on De.
Cember II he was convicted A new trial
was granted on the. ground that the YER
diet had not been properly recorded by the
clerk
Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-15
Presented at Court,
DIR. kERSHNER AGAIN TESTIFIES
Much 0rieSed at the Charges Made
Against Him.

BROOKLYN, n. Y, May 15.-Dr. Kersh
ner resumed the witness chair today upon
the reassenlbling OF the navy court-martial
which IS trying him for INSTRUMENTATION and
perjury His counsel, Mr.. H.nsdale, asked
him several questions as to the charges
made against him by Admiral Meade and
Capt. Evars. The witness said that he
felt very much grievad at the charges
made, as there was no foundation for
them. He then told of his writing to Sur
geon General Tryon and sending HIM copies
of the Evans letter and Endorsement IS.
He did not consider that he was violating
any rule of the service by writing TO Sur
geon General Tryon, as the latter was his
superior officer
DIR. KershIer said his reason for writing
to DR.. Tryon was that the surgeon general
would see the Secretary of the Navy and
explain the whole case to MIN.