davidaulloa/AmericanStories huggingface dataset:
Evening star., 1901-06-07
MAY BE RETURNED TO CONTRACTOR
Percentage That Had Been Retained
to Pay the Repairs.

Percentage That Had Been Retained
to Pay the Repairs.
In an opinion to the District Commission
ers Controller Tracewen passes upon the
claim Of A. N. Brady for $3.50. 80, the amount
OF retained percentage under a contract
dated in 1894. The contract contained the
usual provision that the contractor should
keep the work in repair for five years from
the completion Of the work. In this case
culvert that had been built was destroyed
by natural forces beyond the control Of
the contractor. The controller says:
The retained percentage was not the
CONSIDERATION for repairs, but simply sum
retained from the amount due under the
contract to construct as security to insure
the making Of such repairs as were requir
ed by the agreement to repair under the
terms OF the contracts. If it had been
In consideration of repairs then no pay
ment could be made, for the reason that the
destruction of the culvert without fault or
negligence OF either party would have dis
charged the contract as to both in this par
ticular.
Il do not understand the contract to so
provide, but the amount retained was
merely held as security to insure the max
ing Of such repairs as came within the con-
ditionS Of the contract, and as the de-
struction of the culvert discharged all con-
ditions as to repairs under the contract.
none are required and the sum retained
may be paid to the claimant.
IF it be satisfactorily shown by the evil
dence that the destruction of the culvert
was the result Of natural causes, over
which the contractor had no control and
. not the result of any defect in the work
or fault or negligence Of the contractor,
the payment may be made"
Evening star., 1901-06-07
fONTANO AGAINST ROBBINS
DAMAGE SUIT PASSED UPON BY
COURT OF APPEALS,
Action Brought for Time Lost and Ex-
pense Incurred In Placing Church
Altar other Cases.

The Court of Appeals today handed down
opinions as follows:
Primo Fontano. appellant. against Mary
Helen Carroll Robbins: judgment reversed.
with costs and the cause remanded, with
direction to set aside the verdict and
award a new trial. Opinion by MIR. Justice
Shepard.
The action was brought in the court be-
low to recover damages in the sum of S3
sSS.10 for time lost and expenses incurred
in putting in position the marble altar in
the chapel of St. Anthony of Padua, which
was presented by Mrs. Mary Helen Carroll
Robbins to St Matthews Church of this
city. The alleged delay was caused by
the incomplete condition of the church,
which, 1t is said, prevented Mr.. Fontauo,
who came here from Italy for the purpose.
from beginning OF completing his work
within the time specified in the contract.
For this alleged loss suit was Instituted.
but the case was net allowed to go to the
jury. the court below holding that the
agreement in the contract to submit any
differences arising to arbitration consti-
tuted condition precedent to the plain
tins right of action. This ruling is re-
VerSed by the Court of Appeals, which
holds that under The circumst 1pces such
an offer on the part Of the plaintiff to sub
init his claim of less to arbitration was
unnecessary, and that he was entitled to
bring action without any such submission
to arbitration.
The court below also held that, although
the defendant, Mrs. Robbins. was designat-
ed as owner in the contract, such was
not her status. she being merely the do
nor of the chapel to the church and in no
sense the owner Of the chapel The Court
Of Appeals also reverses this ruling. hold
ing that so far the plaintiff, Fontano.
was concerned, Mrs. Robbins was the own
er of the chapel. inasmuch as it was her
duty to see that the conditions were such
that the plaintiff might proceed with the
work.
Charles w. Stapleton. appellant, agt-
Frank W. Kinney; decision Of the commits
sioner Of patents affirmed. Opinion by Mr..
Justice Shepard. The appeal was from a
decision In an interference proceeding in
volving priority of invention of an i'm
proved rubber tire for the wheels Of We
hicles
John Emerson Scott, appellant, agt. John
Emmerson Scott: decision Of the acting
commissioner of patents affirmed Decision
by Mr.. Justice Morris. The appeal was
from a decision in an interference case
wherein the subject matter of the contro-
versy is an Improvement in the construc
tion Of thimbles for shoe lasts
Charles S. Richards, appellant. agt. Eu-
nice c. Bippus: motion for rehearing or
modification of judgment denied. Opinion
by Mr. Justice Shepard.
Evening star., 1901-06-07
OFFER FROM MIR. LAWSON.
To Make the Independence Eligible to
Compete for Cup.

BOSTON. June Thomas w Lawson
the owner Of the Independence, in order
t. conform with the requirements of the
New York Yacht Club in making the yacht
eligible for the coming races, has offered
to charter the boat to Lewis Cass Led
yard. R Nicholson Kane. August Belmont
c. l. F. Robinson. J. V. S. Oddie, E d.
Morgan, f. VI. Brown. ]. Pierpont Morgan
and Q. Oliver Iselin.
A copy of charter bearing these names
was sent to Commodore Ledyard last night
for approval. In the charter Mr. Lawson
agrees To turn the yacht over to this COM
mittee three days before the first cup race
and give the committee all rights and
powers necessary to qualify the Independ-
ence to enter and take part in the cup race
Evening star., 1901-06-07
START FOR HENLEY TOMORROW.


PHILADELPHIA. June THE Univer-
sity Of Pennsylvania Henley crew took its
final practice spin on the SchuylkilI river
today. prior TO sailing for England tomor-
row on the steamship Waesland. The men
rowed against the freshmen crew and won
easily by five lengths. The only time
given was that Of the first mile and a
half. which distance was covered in o min
utes l. % seconds
After the spin the crew finished prepara-
tions for the trip to Europe. Coach Ward
has decided to take last years Poughkeep-
sic shell. In addition to the new shell.
America. and the members of the Henley
crew will pack both boats on the steamer
tomorrow morning
Evening star., 1901-06-07
Army Orders.

First Lieutenant H L. Gilchrist, assistant
surgeon. has been assigned to duty at Van
couver barracks. Washington.
First Lieutenant e. W. Pinkham, assist
ant surgeon, has been assigned to duty at
Fort Bank, Mass, relieving Contract Sur
geon B. H. Metcalf. who is ordered to re-
port to the surgeon general for annulment
Of contract.
Major ]. w. Pullman. quartermaster, at
Jeffersonvflle, Ind, has been ordered to
Omaha, Neb.
First Lieutenant E. IL Hartnett, assist
ant surgeon, has been assigned to duty at
Fort Columbus, N. Y.
First Lieut.. William J. Calvert, assistant
surgeon, U. 8. A.. has been ordered to this
city. after his arrival at San Francisco, for
duty at the United States general hospital
here.
First Lieut.. Joseph H. Ford. assistant
surgeon. U. 8. A., has been relieved from
duty in the division OF the Philippines, and
is ordered to Fort Washington, Nd, for
Contract Surgeon J. R. Devereux ha.
been ordered to Fort Mcpherson, Ca, for
temporary duty. During his absence Major
E. P. Reynolds, surgeon. U. 8. ", in addi-
ton to his present duties. will attend the
sick Of the garrison at Washington bar
racks, D, c.,
Evening star., 1901-06-07
Resolution Adopted by the American
Medical Association.
PRESENT SYSTEM CONDEMNED
Dr.. kober Of This City Reads Ad-
dress on Hygiene.
CONVENTION AT ST. PAUL

ST. PAUL, Mimi, June by unanimous
vote, although with small attendance, the
American Medical Association this after
neon adopted a report indorsing the move
ment for the re-sstablishment Of the army
post canteen. The committee on legisla-
ton. through the chairman, DR.. H. L. E.
Johnson. presented a report reciting the
resolutions adopted by the military sur
geons last week. and continuing:
I'VE have carefully considered the reso-
luton proposed and declare it to be wise
and proper, and OF Importance to every
citizen of the republic.
THE resolution is the outgrowth of care
full study and observation by the medical
department Of the United States army; Is
concurred in by the commanding officers
at the several posts, and Is intended to
correct serious abuses under the present
law, which result in drunkenness. deser-
tion, insubordination, dishonorable dis
charge. crime. poverty, appalling increase
in disease and invalidism among the SOL
diers of the United States army.
Experience in other Armies.
1--WE find that the experience Of the for
eign governments coincides with that Of
the National Association of Military Sur
geons in the necessity for the army post
exchange or canteen.
1--WE recommend that the American Med
ical Association adopt the resolutions pro-
posed. and that 1t petition the Congress Of
the United States to repeal at the earliest
moment the Objectionable law which pro-
hibits the army post exchange"
The association then adopted the follow
ing resolution:
Resolved, That this body deplores the
action Of the Congress in abolishing the
army post exchange or canteen, and in the
interest Of discipline, morality and santa
tion recommends it's re-establishment at
the earliest possible date
DR.. George M. Kober Of Washington read
an address on hygiene and sanitation. DIR.
Judson Deland Of Philadelphia was ap-
pointed a delegate to represent the Amer
lean Medical Association at the world g
congress on tuberculosis at London in July.
Resolutions were adopted expressing
thanks to John D. Rockefeller for his gift
for scientific research of 100000.
Evening star., 1901-06-07
Result of Surveys Along the Cost of
Cuba.

The naval surveys which have been in
progress for some time along the coast OF
Cuba have disclosed the most available
harbors for coaling and naval stations In
case these are established in accordance
with the Platt amendment. The Eagle,
Y<hkton and Vixen have been conducting
these surveys for many months, and most
of the main harbors are now completed.
Probably the most advantageous points
are Cape San Antonio, at the western ex-
tremity of Cuba, and Cape Maysi, at the
extreme eastern end. At Cape Maysi 1t
has been found that there Is a reef running
far out into the water, and that there is
no suitable harbor within about forty miles
from the cape The Bay of Nipe appears
to afford the most available harbor in that
locality. At the other extremity OF the
island it has been found that Cape San
Antonio has no harbors of any kind In Its
immediate vicinity suitable for naval or
coaling station. That locality is regarded
as extremely important from naval stra-
tegfc standpoint, as 1t commands the Yu-
catan passage Most of the large harbors
along the northern and southern coast
have been surveyed and chartered, those
of Cienfuegos and Guantanamo apparently
being among the best on the southern
coast These surveys have proceeded with
out direct reference to existing Cuban po-
itical complications The work already
ACCOMPLISHED will be serviceable, however,
when the political relations between the
United States and Cuba are finally de-
termined.
Evening star., 1901-06-07

The following appointments. designations
and promotions in the Department of the
Interior were announced this afternoon by
John W. Holcombe, chief Of the appoint
ment division Of that department.:
Patent office: Walter L.
Redrow Of Ohio and Arthur H. Brown of
Massachusetts,. fourth assistant examiners.
loo. Resignations-Edward W. B. Phil
lips Of Pennsylvania, clerk, 1.SOO: Walton
Harrison Of Mississippi. Faust P. CHAMPION
OF Michigan and Henry A. North Of Illi-
nois. fourth assistant examiners, 81 200.
Pension off1ce-Appointment: Arthur H.
De Riemer of Illinois. messenger boy, $400.
Reinstatement: Miss Lydia ]. Ray of Illi-
nois. copyist, $500. Promotions: Edw ard
Morris of Ohio, clerks. 81 200 to 81. 400; Cy-
rus NJ Lane Of Kentucky, Stephen R.
Whitney Of Nebraska and Frank L.
Churchill of Wisconsin. clerks. $1,000 to
$1,000.
General land doffice-Appointments: Theo-
dore M. Holland OF Washington and John
c. Howland Of Georgia, copyists, $500.
Office of Indian affairs-Appointment
Clair r. Hillyer. of Florida. copyist. $780,
Evening star., 1901-06-07

be met by an adequate rule. such as Is
within the power of the Postmaster Cen
srai 10 make. and the purpose of this letter
IL 70 propose such and ask your Judgment
as to its effect. ~
"of the many<m means by which pubIica-
tons not properly entitled to this favored
thrive no other-ist SO fruitful and so in
sfd1ous as the permission-not of law or
rule. put OF urinterrupted practfce-that
SUBSCRIPTIONS us;1 nay Pe obtained by offers of
premiums OF Merchandise, chances to
draw prizes insX etessing contests and
countless ingen8H schemes of kindred
character and e4el circulations running
in.o a4e fne hesn shoussa and into the millions
merit, could col m NO % public ppa patronage aGau
Amount osskna-c,a.. Matter.
The third ass taS postmaster general in
discussing in LIS 7llst annual report the
weight of matterSnnaiied at the pound rate
and the postage collected on it. said:
The weight of second-class matter mailed
at the pound-ratesswas 1872, ,53s. 500 pounds.
So, ,s25, ,3s999, an increase in weight of 20
s:5,77s pounds, and s29s,3o7.73 in amount
OF postage. or S.454per cent over the pre-
vious year Estimating. as in previous
matter is sent free of postage in the coun-
ties or publication. the number of pounds
OF such matter is estimated at 81, sos SS2
pounds; adding this to the amount on
which postage was paid the total weight
OF the mailings is placed at 45O.o45.SS1
pounds. or 225 94 tons.
From the comparative statement Of
postage collected at the larger post Of
fees 1t appears that two offices, New York
and Chicago mail rs per cent of the sec
ond-class matter; that five offices. New
York. Chicago, st. Louis, Boston and Phila-
delphia, mail 5O.91 per cent; 25 offices, 1892
per cent. and "a offices, 73.4S per cent, leav-
ing but 1892 per cent as the total mailing
the aiming @ cog
Evening star., 1901-06-07
Washinxton stock Exchange.

s. q: Ssss, at
st %: Georgetown Gas. - at 60 buyer 30, Ses,.
asnoJae eos Sss =. s is " lSs ss
es = sss g 9 4 !. 49, 4 %.ssssssS
Traction and Electric Avs, g ,oeo az een
District Of Columbia Bonds.-sess, 1924 1e3h
y, 4i.cellsneous Gel Bonds;-oapitsl Traction e. Ios
csh 4sss. % bid, eess ssfed Metropolitan o RsIi.
road s. ~ M BID ia Mssropo,tsn Ra,l5ssd cert. In
@ @ S aa.ssd % ifs fie biG
Columbia Railroad ID mort os. Io6 bid. Washing
series 'f sS Electric nss deb sis mS
8. io4 bid: U. s. Electric Light cert indebt. u.
bid sscurls sc st' aad s'sRhs:s
bid Wa.%hington % Market e1tn ~ g 10 bid. Ma
Grsphophone deb. Is, 80 sd ' '''' Ae''saA
Safe Deposit and Trust ComPanies-National Safe
ssssa sas pspa. s9S "ss 6 Sa
Sstonsi ssnS ssoeIsBsnt pa e. W. WssSnston asas 100
e BID 80 asked. Metropolitan, z65 bid Central.
ond. 1@ bid Citizens. 10 bid. ColumbIa. iGs
bid bid. Capital: Ioo bid West End iso Sia. Iss
Railroad Stocks.-capital Traction. iosx bid.
Franklin, 9 bid. MetreDOIIten. 20 bid. oercorsS,
nj man.Anerican. aio bid. I Nationsi linton I bid sS
asked Columbia; II bid. llE asked. Riggs. n
& nid: ~ asked. ssd Peoples bid' ela asked Com
Title insurance stosi.,.Real Estate Title IS bid.
IsisPasss ssosI:~cAas.pssis and and foson.e. tom es
.a Ga; s. s Ca ss sd o0z ask
h ::tsS ::tsS Amsr,c: Amse:n pa
1lh asked Pneumatic Gun Carriaee .67 bid. 10
Evening star., 1901-06-07
COREA's FOREIGN TRADE.
American Imports Into the COuntr!
More Than Doubled in n Year.

No reports upon the trade of Corea have
been published for the last seven years. &C
cording to Consul General Allen at Seoul
in a communication to the State Depart
.ment Mr.. Allen. therefore, submits
report compiled by himself, which sets
forth the principal facts relating to Corea
commerce with the rest of the world ana
estimates of the value of Americas trade
with that empire. The total trade of Corea
for 1890 including native imports and goods
re-export ed, is set down at S13,690,2 213 The
net importation was valued at S6Soo,92
The chief item of American imports was
Kerosene which was valued last year at
Ss96,s15 Next in order come mining sup
plies, of which at least S1J0,00O worth was
imported from the United States last year.
American imports into COrea, the consul
general states, have more than doubled in
the past year, and the trade is growing.
Corea total expectation in 1900 amounted
to 81 101 Oh
Americans are shown to be prominent in
the trade and development of Corea, espe-
cialIy in regard to railroad and mining en-
terprises. Relative to the currency of the
empire Mr.. Allen says: "Corea Is greatly
in need of money, yet no encoura cement is
given to the people to develop their excel
lent natural resources"
Evening star., 1901-06-07
officers Ordered to Philippines.

Col Cyrus S. Roberts. I'd Infantry. now
acting judge advocate of the Department
of Texas at San Antonio; Lieut.. Col. David
J. Craigie, Sth Infantry, recently stationed
at Philadelphia on recruiting duty. and
Maj. F. del. Darlington. 1st Infantry. at
Fort Leavenworth, Kan, have been re-
lieved from their present duties and order
ed to join their regiments in the Philippine
Islands.
Lieut. Col. C. A. H. McCauley, deputy
quartermaster general, has been relieved
from his present duty in Philadelphia and
ordered to Manila for assignment to duty.
Other officers ordered to duty in the Phil
ippines are Lieut.. Col. F. H. Hathaway,
department QuartermaSter general at Oma-
ha, Neb.: Contract Surgeon H. R Carter,
jr., at Vancouver barracks; First Lieut.. S.
NJ. Waterhouse. assistant surgeon, at Fort
Meade. S. D.: Capt. H. r. Stiles. assistant
surgeon. at Madison barracks, New York,
and Contract Surgeon r. A. Wilson at Fort
Totten, New York
Evening star., 1901-06-07
POST OFFICE SUPPLIES.
Report of the Committee Considering
the Bids.

Report of the Committee Considering
the Bids.
The committee to which was referred the
duty Of receiving and considering bids for
furnishing supplies to the Post Office De-
partment and the postal service for the
fiscal year beginning July 1. 1901. presented
its report to the Postmaster General, by
whom it was approved, today. In accord
ance with the recommendations of the
committee. contracts will be let to bidders
on 100 items, the principal OF which is
twine.
The successful bidders on this article are
M. D. Helm of New York. the Bibb Manu-
featuring Company Of Macon. Ga; J. F.
White & Co. Of New York, F. Colt Johnson
of New York and David 8. Walton Of New
York. The committee recomn ended the
use Of twine made Of one-half cotton and
one-half jute. in preference to all-jute
twine, which 1t has been the custom Of the
department to use. The saving to be eff
fected on this Nem during the coming fiscal
year Is estimated at $65.000.
The report covers 100 typewriter pages.
The members of the committee were J. NJ
Masten, chief clerk to the first assist ant
postmaster general; Thomas P. Graham
chief of the mail equipment division. and
L. s. Elmer Of the Office of the Postmaster
General
Evening star., 1901-06-07
Baltimore Marketa.

BALTIMORE, June 7.-FlAHr dull unchanged: re-
ceipts. II, 266 barrels exports, II ,S2s barrels
Wheat quiet and easier; spot and the month, 76J.a
q; July, 74za74&; August, 7sssa73n: steamer No
2 red. 13ta!Sk; receipts, 7.189 bushels: exports
30 019 bushels; southern by sample 7Oa7B; do on
grade, 7oa7s Corn weak; mixed, spot, the month
and July; 4&SSa46N & steamer mixed, 45Ssa45N; re-
60h; do: yellow, 4sa49. Oats firm; No. 2 white 81
A. aS4h; No: mixed: s2aa2,4; receipts. o,51o bush
els. Rye nominal; No. nearby 6Sa59; No. west,
ern. 59ae0; receipts, 75O bushels Hay steady; No
l timothy & siesslss $50 60 Grain fseights active. un
changed: Butter drm UNCHANGED; fancy imitation,
store-packed. 11a12. Eggs firm. unchanged: fresh
lSh. Cheese firm, unchanged; large. 9: medium,
81: small. 10. Sugar firm, unchanged; ane and
Evening star., 1901-06-07
CLAIMS OF THE STATES
TEXAS THE ONLY ONE WHOSE DE-
MAND IS SATISFIED.
Balances Being Investigated - Over
Prepared by Auditor Rittman.

Mr.. Rittmann, the auditor for the War
Department, has prepared a table of the
claims filed by the various states for the
fitting out of volunteer troops during the
Spanish war, the amounts allowed and paid
on the claims, and the balance claimed by
the states to be due. The table shows that
almost as much money is alleged to be due
as has been paid. The balances yet claimed
are being investigated and will be settled
as fast adjudicated. Texas is the only
state that has been settled with in full
and that has no balance claimed. Texas
bill was a most modest one, anyhow.
The ia ble 10 foIlows-
Evening star., 1901-06-07
Site for Colorea school.

The District Commissioners have decided
to accept the proposal OF Charles H. Flick
ling to sell lots 2 to TO- exclusive, in square
615 as site for the colored school house
recently authorized for the tenth division.
These lots are situated on the north side of
street between Nerth Capitol and 1st
streets northwest. and adjoin the Slater
school on the east. The selection of
school site In this section has called forth
a great deal of discussion from residents
and a great many propositions In regard to
it have been made to the Commissioners
The site as now decided upon. 1t Is believed
Is satisfactory to all, and has received the
approval Of the board OF education.
Evening star., 1901-06-07
Fine Test of Speed at Glasgow E1-
hibition Regatta.
RACE OVER FIFTY-MILE COURSE
Four Yachts in the Old ChaIIen-
gers Class.
GOOD WIND FOR TRIAL

ROTHEsAY. Firth of Clyde. June L
The Glasgow exhibition regatta opened to-
day. The yachts started in brisk north
west breeze over course in the form of
square, lying between the Island of Butte
and Ayrshire. giving fair trial all
points of sailing. Twice around the course
and distance" to Largs and back made
total of fifty miles sailed.
The race was divided into two classes.
both having special points of interest to
Americans. In the first division the Sham
rock | pitted against the best single
stickers in British waters She was heav-
lily handicapped, provision of the British
racing rules forcing her to give the Meteor
fortyf1ve minutes and thirty-nine seconds.
the Sybarita forty-two minutes and thirty
four seconds and the kariad forty-seven
minutes and four seconds.
II was the Shamrock Is first open COM
petition and she was expected to demon
strate what improvement she had made
sir the cup races.
Interest in the second race centered in
Charles F. Herreshoff. jr.'s, new cutter
Nevada. built recently at Point House. She
is of the American type and designed with
little regard for the restrictions of the
British racing rules 1t was admitted that
If she was successful it would either set
the fashion for British designing or force
the racing association to materially modi-
~ Jns measurement rules Her cOmpeti-
tors, the l-ais, Carina and Tutty, were not
very formidable, but they We're fairly rep
resentative of the work OF British builders
two seasons ago.
Good Wind and Fair Start.
The four big yachts were sent off with
fun light weather canvas, to a capital
start. The Kariad Meteor and Sybarita
were beam and beam with the Shamrock
half a length astern- They had an easy
five mile reach to the first mark. and the
former cup challenger showed an excellent
pace. She romped past her competitors,
and when she turned the first mark led
the Meteor and kariad by half a minute
ty-four seconds.
The yachts ran and reached across the
firth. the Shamrock easily outfootng the
others The Sybarita lifted along better
than the Meteor. but neither could hold the
ex-chalisnger. and when this leg was fin
fshed the Shamrock l led the Sybarita by
one minute and forty-four seconds the
Meteor by four minutes and the Kariad by
over ten minutes.
The wind then softened and the pace
Slackened.
In the other class. the Nevada was well
placed at the start, and in the softening
wind ran ahead and passed the second
mark a minute and half ahead of the
C4rina. two minutes ahead of the Tutty
and nearly three minutes ahead of the
Lais.
Shamrock I Makes Fine Showing.
In beating to windward to finish the first
round. the Shamrock showed to even bet
ter advantage. She outfooted and out
pointed all her competitors.
The finish of the first round was as fol.