davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
ARGUMENTS ENDED.
Lawyers Talk on Writ of Prohibi-
ton in Gas Case.

Corporation Counsel Thomas this after
/N6on concluded the argument on behalf
of the District commission for the issu-
ance by the District Court of Appeals of
writ of prohibition to prevent further
psosecueton of the application of the
Washington Gas Light Company for the
entertainment by the District Supreme
Court of the cash value Of the company's
plant. Attorney r. Ross Perry of counsel
for. the company, finished his remarks
thfs morning.
Gr Perry closed with a request to the
court to discharge the rule and decline to
issue the writ, on the theory that the
jurisdiction given by the act to the Dis
trict Supreme Court is conclusive, and
makes that court one of last resort in the
premises.
Mr.. Thomas, in conclusion, urged that
the jurisdiction of the Court Of Appeals to
issue writ of prohibition has never be-
fore been questioned since the organiza-
ton OF the court in 1893, and as under
the decisions this court has appellate jur-
isd1ction over the lower court which at
tached as soon as this case was begun
the right to issue the writ of prohibition
has also attached before any appeal
He also claimed that section 5 of the
act Of June q. 1886. imposes no judicial
duty on the Supreme Court of the Dis
trict OF Columbia, that court Is simply
TO appraise the property OF the gas COM
pany and othing else.
This, he saiGA being merely advisory, is
not the exerciserOf any judicial function,
and is therefore Unconstitutional
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
KENTUCKY sENAToRsHIP.
Every Prospect Of a Lively Legisla-
tive Session.

FRANKFORT, KY, January 7.-Poli-
tics in Kentucky, proverbialy tumultuous
and uncertain, promises to furnish spec
tacular senatorial contest. The opening of
the legislative sessions today found tine
democrats severely shaken by the late
election and with numerous rumors of dis
affection in their camp. Nevertheless. they
have a majority of eight on joint ballot,
and the managers of former Co.. Beck
ham, who was nominated at a primary
eighteen months ago, claim that he will be
elected senator as per schedule.
Pitted against Beckham Is William O..
Bradley, the only republican governor,
barring W. s. Taylor, who has held office
between 1865 and 1907. Gov. Bradley has
declared that If the republicans "sit tight
they will win in the senatorial contest.
The republican leaders clairp that the re-
volt of the democrats against Beckham's
leadership will enable them to elect Brad
ley. and they declare that in any event
they will be able to beat Beckham with
some other democrat acceptable to them
selves aid the dissatisfied members CT the
opposition. Politicians regard it as ex-
tremely probable that at least two demo-
Gratis will vote with the republicans
against Beckham. thus reducing his prob
able majority of four.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
MAY DEPoRT AGITAToR.
Muncie People Tired of Leader Of
Trolley Mems Union.

MUNCIE, Ind. January IA commit
tee of preachers. headed by the Rev. Mr.
Nyce Of the First Presbyterian Church.
yesterday reported to the authorities that
A. l.. Behner, vice president of the Anal
gamated Association of Street and Elec-
trio Railway Employees. is responsible for
keeping the trolley strike alive.
Maj. Gen. Mckee. in command of the
militia, heard of Behner's presence here
and inquired into his conduct. His speech
es were also reported to the military COM
mander. Gen. Mckee notified the civil
authorities that an investigation of Beh-
ner's conduct should be made, and that
If he stood in the way of a settlement be-
tween the company and the men he should
be deported or locked up.
Mayor Guthrie and other city officials
visited Behner. and he protested against
being driven from Muncie. He insisted
that the men wanted him to. stay In Mum
Gle and assist them in their fight. The
ministers deny this.
The strikers declare that the great cost
to the state of keeping the militia here
and the cost to the. county of employing
deputy sheriffs is causing public senti-
ment to crystalline against the Indiana
Union Traction Company, and will compel
the company to settle the strike in their
favor.
Gen. Mckee believes the men can effect
a settlement with the company without
the assistance of outside parties.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
SHOT MARSHAL M1NNER1Y.
Hounds Laid on the Trail Of the
Assailant.

Special Dispatch to The Star.
LEONIA. N. j., January 7-Although
pursued until this morning by a posse Of
citizens. VINO had several dogs to help
them keep on the right trail, the thief who
shot Marshal Paul Minnerly last night
succeeded in getting away. The hunt has
not entirely been abandoned, however, as
railroad detectives are still looking for the
fugitive. DR.. ]. T. Wyckoff. who is at
tending the wounded marshal, said today
that Minnerly would recover. He was shot
twice, one bullet entering the left shoul-
der, the other striking him on the left
thigh. The second bullet hit bunch
of keys and a penny in Minnerly's pocket
and made only a flesh wound.
The shooting occurred near a haystack
on the meadows between here and PAIL
SADIE Park. where Minnerly and another
marshal were on guard. Seventeen pairs of
stolen shoes had been discovered in the
stack, and the marshals were awaiting the
thiefs return. a man finally approached
the stack and began to pull away the hay.
AS he set to work, Minnerly advanced
toward him and shouted: Throw up your
hands,
In reply the man fired two shots in
quick succession, and Minnerly dropped.
The other marshal ran to the rescue,
collided with the man in the darkness and
fired a shot at him as he fled, but evident
ly missed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
Returns for a Season.

Harry w. Barney, the clerk of the
House District committee under Chairman
Baocock. and who left Washington at
the close of last session to go into busi-
ness in Wisconsin. has returned to Wash
ington for few weeks at the request of
Chairman Smith of the committee. Mr.
Barney will keep busy inducing his sue
cessor. Mr.. Miller. into the mysteries of
the position of clerk. Mr.. Barney says
he is feeling fine and is getting along
so well that. though he regretted to leave
Washington, he considers 1t fortunate
that the misfortune to Representative
BabcOck threw him out of his clerkship.
He will stay in the city until Mr.. Miller
has learned to walk by himself
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
TO REORGANIZE NAVY
RESULT OF INVESTIGATION
EMBODIED IN A BILL.

A navy reorganization bill, designed to
put the navy ION business basis both as
a weapon and an industry was intro
duced in the House today by Mr. Dawson
of Iowa. member of the house committee
on naval affairs
The bill, which is said to be IN a meas
ure the result of last summers ex-
haustive investigation of navy methods
by seven members of the committee, di-
vides the navy into two grand sections
and places it's control partially in the
hands of civilians. 1t was referred to the
committee on naval affairs, and there
was considered in it's various parts by
subcommittee before whom naval Of
ficers will be invited to appear and pre-
sent their views of it's merits
The bill divides the navy into a di-
vision of personnel and a division of
under the Secretary of the Navy by a
first assistant secretary, who shall be
a naval officer not below the rank of
captain the latter by second assist
ant secretary who shall be civilian.
The division of the personnel would
include all matters relating to the off,
GERS and men of the navy and of the
use of the navy as weapon, and this di-
vision is to be subdivided into bu-
reau of navigation, bureau of medi-
cine and surgery and the officers of
the judge advocate general of the navy.
The chief of the bureau of navigation
is to be appointed from the line Off
GERS. and each navy yard and naval
station is to be in charge of a civilian.
The division of material would include
a bureau of ship construction, a bureau
of ordnance and bureau of supplies and
accounts. The bureau, of ship construc-
ton would absorb the present bureau of
yards and docks, of construction and re-
Dair. of steam engineering and of POuiD-
ment, which bureaus. it is charged. are
now doing practically the same work
and causing much confusion and delay
by overlapping each other.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
YoUND DUBERLY's SUICIDE.
Was Apparently a Cousin of Earl
Grey.

Special Dispatch to The Star.
NEW YORK. January 1.-The body of
the young man who registered on Sunday
at the Hermitage Hotel. 500 It'll avenue,
as III. Grey Duberly. Canada and killed
himself there by drinking wine in which
he had dissolved oxalic acid. was at the
Stephen Merritt undertaking establish
ment today awaiting a claimant. The
letters the young man left behind indi-
Gated that he was the son of Capt. James
Grey Duberly of the British navy, who
lives at West Canons. Great Yarmouth.
England. and that he was cousin of
Earl Grey
1t was learned this morning that the
letter the suicide left addressed to Earl
Grey was a brief one. in which he re-
preached the earl for not granting re-
quest, continuing that he was a poor
cousin and that word from the earl
would have done much to help him.
In a letter addressed to Miss Amy
Hemsheer. care of w. Newcombe, Niagara
Falls. Canada" evidently the young mans
sweetheart. he told her he had taken
poison, that he was dying and that he
could feel the poison beginning to take
effect. pray for my soul."- he added.
The letter closed with the words, Il love
you very dearly"
All the letters have been sent on to
their destinations by the coroner.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07

now directed by men from this country
who are directing the Y. NJ. C. A. work.
In several of the thirteen remaining places
where associations ought to be established.
prominent persons are asking for ASSOC
Citations. In one city some rich men Offer
ed an old mansion in the heart of the BUSH
ness district to the association. but the
offer was refused because there was no
man available to direct the branch.
Il believe that China and Japan will be
Christian nations" Mr.. Brockman re-
marked. And think tho Philippines will
become Christian. The responsibility on
the people of the United States in bring
ing these things about is great In Japan
today the Y. NJ. c. A. Is as we'll known
throughout the whole country as 1t Is in
the United States"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
TO PROTECT THE ALIEN
PROPOSED INCREASE OF POW
ERS OF THE GOVERNMENT.

On the ground that where responsibility
is incurrable the power to discharge it
should be vested. Representative Sherley
has introduced a bill SO amending the
federal statutes that the United States
shall have authority to punish "any per-
son" guilty of conspiracy to injure or in
timidate an alien. The law as it stands
provides for federal punishment of ANY
citizen Of this country. merely.
Thus" said Mr.. Sherley, discussing his
bill. ''in the case, of the Malta riots in
louisiana the United States was called on
by the Italian government for indem-
nifty on account of Italian slain, but this
government was powerless to punish the
guilty. they being amepable to state law
only. The same circumstances obtained
in the latter anti-Chinese riots On the Pa
cific coast, and might rearise as a result
of anti-Japanese sentiment there. Where
the government is responsible to other
governments for acts Of conspiracy, such
as mob violence, the power to punish the
guilty should be centrally vested
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
Jackson Day in Maryland.

BALTIMORE. January THE Society
of the War of 1912 in Maryland
will celebrate tomorrow evening the
anniversary of the battle of New
Orleans, In which Gen. Jackson sc
signally defeated the trained troops OF
Wellington. fresh from their splendid vic
tories over the French in the Spanish
Peninsula in 1914 meeting will be held
at the Hotel Belvedere at s o'clock in the
evening. Addresses will he delivered by
Gen. Leary president of the society;
Archibald II. Taylor and Prof. J. Koch.
group principal of the public schools Of
Baltimore.
None of the democratic political clubs
will observe the day. The party leaders
will spend the day at Annapolis. where
Governor-elect Crothers will be inaugu-
rated. and when they return to Baltimore
in the evening they will be too tired to
take part in the celebrations.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
TO MEET ITS DEFECTS
BILL TO REPLACE EMPLOYERS
LIABILITY LAW.

Senator Knox of Pennsylvania, who has
taken much interest in the litigation
growing out of the employers liability
act. which was declared to be unconsti-
tutional in the Supreme Court Of the
United States yesterday, today introduced
a bill which is intended to remedy the de-
fects in the present law. The bill Is SO
drawn as to make it applicable only to
corporations engaged in such commerce
as Congress has the undoubted right to
control and to employees of such corpora
tions engaged exclusively in interstate
commerce. The existing law is SO broad
as to cover all TRANSPORTATION between
states; but Mr.. Knox's bill SO modifles it
as to limit its operations to common car
riers which are operated by steam or SIM
liar motive power
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
REGULATING BANK RESERVES
Substitution Of Gold or Gold Ger
tifcates.

Representative John Sharp Williams of
Mississippi has introduced bill repeating
the law directing that three-ffths of the
Is per cent reserve of national banks may
consist of balances due bank available
for the redemption of it's circula ting notes
from banks approved by the controller of
the currency, and repeating all laws per-
hitting national banks to Keep three-fifths
of their reserves in national banks in re-
serve cities. and all laws permitting ma
tional banks in reserve cities to keep so
per cent of the reserves in central reserve
cities.
If this bill becomes a law not less than
one-half of national bank reserves now
required to be kept in lawful money in
central reserve cities hereafter must be
held in gold or gold certificates.
The bill is to become effective July /.
1908.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
COTTON WILL CONTEST.
Testimony Taken in California to
Determine Testatrix's Residence.

SANTA CRUZ. Cal. January 7.-Testi-
mony was taken here yesterday to de-
termine the residence Of Mrs. Ellen Col
ton at the time of her death. 1t is con-
tended by the contestants of her will
that she was a resident of Washington.
d. c., when she died. The pending con-
test will be tried wherever 1t is decided
she resided.
The examination is at the behest of the
special administrator named at Wash
ington. Bonds and other securities OF
large value. which she left in the vaults
of the California Safe Deposit and Trust
Company, are missing.
SAN FRANCISCO. January IA news
paper here prints statement that ]. Dali
Zell Brown, former vice president and
general manager of the wrecked Califor-
MIA Safe Deposit and Trust Company, and
Walter J. Bartnett. formerly director of
the same institution. who are under in
dictment for embezzlement, will plead
guilty and throw themselves on the mercy
of the court.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
BOSTON OFFICIALS INDICTED.
Deal Over Land oBught for Munic-
ipality Being Probed.

BOSTON, Mass, January AFTER two
weeks spent in investigating purchases
by the city last year Of a lot of land on
Goldman street. prizes for athletic events
and payments for hagstone, the grand
jury reported indictments yesterday
against two members OF last years city
governmentJthe superintendent of streets
and several business men. The indicted
parties are as follows:
Alderman William Berwin. Alderman
George H. BATHS. Superintendent of
Streets James H. Doyle. Marks Berwin
o. Edward Kahn, Michael Mitchell Thorn
as F. Maher, Harry c. French and Oliver
Gregg.
Later in the day all but Marks Berwn
appeared at police headquarters and gave
bonds for their appearance in the su-
perior court Saturday.
The aldermanic terms of Berwin and
BATHS expired today. while Doyle handed
his resignation as superintendent of streets
to Mayor Hubbard an hour after the lat
ter had been sworn in yesterday.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
PREDICTED HIS DEATH.
Sudden End of the Keeper Of Bonn
bay Hook Light.

WILMINGTON, Del, January II
believe I'm going to die. Be sure to light
the lamp in the lighthouse and see that it
stays lighted"
These were the words Of Joseph B. Ben
son. keeper of Bombay Hook light,
along the Delaware bay, shortly before
sunset Sunday. When Mrs. Benson
went out and lighted the big lamp to
guide the MANNERS up and down the
Delaware bay and returned to the little
house back of the government reserva-
ton she found her husbands prophecy
true-he was dead. Benson was stricken
with a mild attack of heart trouble Fri
day afternoon, bit he attended to the light
as usual. He was seventy-eight years old
and had been keeper of Bombay Hook
light for forty-five years. He had twelve
children.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
Passing of Samuel Fessenden
of Stamford, Conn.
BORN IN PINE TREE STATE
Scion of a Distinguished Family Of
Rockland. "
WAS PROMINENT IN POLITICS
Loyal Supporter of Late Thomas B.
Reed-Long Cherished Ambi-
ton to Sit in the Senate.

STAMFORD, Conn.,. January Sam
uel Fessenden of this city, former
state senator, and one of the most
prominent men in Connecticut. died to-
day from heart trouble. Mr.. Fessenden
had teen i'll for long time
Mr.. Fessenden was born in Rockland.
Me-. April ~, 1S47, one of twelve chill
dren of Rev. Samuel c. Fessenden. He
had two uncles in the lower branch OF
the Thirty-seventh Congress. While a
student at Lewiston Academy Mr. Fes-
sender enlisted in the 9TH Maine Bat
terry. and served in the campaign of the
Wilderness and afterward was a captain
in the Cd United States Infantry.
At the close of the war Mr.. Fessen-
den left the service. and in 1869 was
graduated from the Harvard Law School.
His family in the meantime had moved
to Stamford. He began the practice of
law here, and in 1880 was appointed
states attorney for Fairfield county,
which Office he held until his death.
Active in Politics.
Early in his public career he became
a prominent figure in politics, going to
the general assembly in 1874 and 1879.
lican national convention which nomi-
mated Rutherford B. Hayes for the presi-
dency, again a delegate in 1884, and was
made secretary of the national republic
can committee. taking active part in the
Blaine campaign.
When Thomas B. Reed of Maine was
a candidate before the republican ma
tional convention Mr.. FesSenden headed
the Connecticut delegation. He worked
hard for Reed, and when Joseph Man
ley swung away from Mr.. Read Mr..
Fessenden gave utterance to the words:
God Almighty hates gutter"
/. Mr.. Fessenden cherished the ambition
during his entire political life of going
to the United States Senate. In 1899 he
was a candidate before the general as
sembly and had Morgan G. Buckley as
an opponent. 1t was a warm contest
and Mr.. Buckley threw his strength to
Joseph r. Hawley and defeated Mr.. Fes-
sender. When Senator Hawley died Mr..
Fessenden was candidate to succeed
him, but was defeated by Mr.. Buckley.
Mr.. Fessenden was again candidate
for the senatorship after the death of
Orvifle Plat, but Mr. Brandegee was
elected.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
LIQUOR AND THE INDIANS.
Important Question as to Govern
ment Jurisdiction.

HELENA. Mont, January Upon an
agreed statement of facts the case of E..
P. Wilkinson, charged with introducing
liquor on the BIackfoot Indian reserva-
ton. was submitted to Federal Judge
Hunt yesterday. A law point is involved
in the case which has never been passed
upon-Eas the government Jurisdiction
over the right of way Of a railway trav-
ersing an Indian reservation within the
meaning Of the act prohibiting the in
PRODUCTION Of intoxicants upon an Indian
reservation?
The attorneys agreed that il Judge Hunt
found the government did have jurisdic-
ton the jury should be directed to return
a verdict of guilty, and that if he found
the government lacked Jurisdiction a YER
dict of acquittal should be rendered
1t is said this is the most important
case to the Indian department that has
come up in years, for If tine government
loses 1t it will mean that saloons may be
established on every reservation tray
ersed by railroad.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
Y. M. c. A. IN CHINA.
Address Before Local Association
Members by F S. Brockmsn.

You know how Japan has been loom
ing up in the horizon as a world power;
then think of China as ten Japans and
you can appreciate the possibilities of
China Fletcher s. Brockman, national
secretary for China of the Y. NJ. C. A..
declared last evening at the quarterly
members meeting of the local association.
He was pointing out the opportunities of
the United States In the Celestial empire
II do not know of place which is adj
vancing more rapidly than China or where
it is easier to get behind the times than
in China -. the Speaker added. He further
said that the people of China, especially
those in the large cities are anxious to
form associations and that there is great
need for young men to direct the people
in their projects, Twelve out of twenty
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
Building Permits Issued.

Inspector Ashford issued the following
building permits today:
To T. H. Pickford. for one four-story
brick apartment house at rear Iowa cir
Gle northwest: estimated cost, $40, 900; ar
chitect, w. J. Simmons; builder, T. ii.
Pickford.
To Ira J. Baker, one two-story frame
dwelling at Mills avenue between Rhode
Island avenue and Irving street north
east; estimated cost, $500; architect and
builder, J. G. Foster.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
Quarter-of-a-Million Fire.

NEW ORLEANS, January Fire in
Royal street near Iberville, in the heart
of the business district, here, today,
$4,000. The five-story building occupied
by the W. c. Tebault furniture house
was practically destroyed. Tebault's stock
is a complete loss and three other struc-
lures were damaged.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
Appeal Made It Worse.


PARIS. January 1.-Valentine Cantral.
the young woman vandal who cut the
painting of Ingres with penknife In the
Louvre to draw attention to her state OF
restitution. has learned that 1t Is not al
ways safe to appeal against sentence
which the courts consider just. She had
been condemned by the correctional court
to six months in prison. against which
she appealed. only TO find her penalty
increased by the higher court, which has
raised 1t to twelve months.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
HIS INITIAL OPINION.
Associate Justice Van orsdel
Speaks for Court.

The initial opinion of Associate JUS
tice Josiah a. Van Orsdel of the District
Court of Appeals was filed this after
noon. He announced the decision of the
court in the case CT Morgan Bryan,
trustee in bankruptcy of William r.
Curtis, deceased, against Alice " Cur
tbs. Administrative of William r. Curtis.
and George B. Cortelyou, Secretary of
the Treasury. affirming the Judgment of
the Supreme Court of the District of
Columbia
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-07
MR.. BALLINGER RESIGNS.
Wants to Be Released From Position
of Commission of General Land Office

Richard A. Ballinger, commissioner of
the general land office. this morning sent
to Secretary Garfield his resignation, to
take effect March 4. This action of Com
missioner Ballinger was not unexpected
in the department, as it has been known
for some time that he has been anxious to
return to his home at Seattle and resume
his law practice.
Mr.. Ballinger came to Washington last
spring, succeeding Commissioner Richards
and taking office soon after Secretary Gar
field became head of the Department of
the Interior, March ) last.