davidaulloa/AmericanStories huggingface dataset:
Evening star., 1915-04-09
u. S. NOTE Is DECLARED
PETITION, NOT DEMAND
President Wilson Confesses Present
Weakness, German
Paper Says. ...-

BERLIN, via London. April 9.-The
Rheinish Westfaelische Zeituns. dis
cussing the American note concerning
Great Britain's blockade against Ger
many, says:
TT is rather a petition than a de-
mand 1t contains no clear rejection Of
the British conception of an effective
blockade of the German borders, and
President Wilson fails to announce his
fundamental standpoint regarding
Britains measures.
His foreshadowing of future pros
poets and claims for indemnity amount
only to a confession Of present weak
ness and Great Britain can derive
from all this verbal legerdemain the
certainty that in all cases where Amer
ican rights are trod under foot Ameri-
cas- protest will resound, and that the
President of the great republic will
issue a new academic discussion about
what is right and what is not. and
about what the United States demands
for its citizens and what it expects of
England. but there will be NO tangible
deeds
Evening star., 1915-04-09
sWOBODA PROTESTS
ARREST VIGOROUSLY

PARIS, April 9.--Raymond Swaboda,
charged with espionage and arson, was in
terrogated yesterday before the second
permanent court martial in Paris.
His arrest grew out Of the investigation
into the fire aboard the steamship La
Touraine. His preliminary examination,
which was purely formal. concerned, only
the question of his identity.
Swoboda took the opportunity afforded
him to protest vigorously against his ar
rest and declared himself ready to face
any charges which might be brought
against him. He will be transferred from
the conciergerie prison 10 a military jail.
Evening star., 1915-04-09
FEEL BETTER ABOUT PRISONERS
Warning Nations Not So Alarmed
Over Captured Men, Says Mr.. Hale

Chandler Hale, who represented the
United States in the neutral inspection
OF prison camps in England France
and Austria. made final call at the
State Department today, ending his
work in this capacity.
Mr.. Hale stated that the feeling OF
the various nations iii whose borders
he had been active had greatly i'm
proved regarding the treatment which
their captured soldiers were receiving
at the hands of the enemy.
The delivery of parcels to men in
Che camps had been arranged, Mr..
Hale stated. and In all of the countries
In which he had Travelled the general
situation was steadily improving.
Evening star., 1915-04-09
ITALIAN STEAMSHIPS
WILL SAIL FROM u. S,

NEW YORK, April 9.-Agents Of the
Italian transatlantic steamship lines
here had not received today the orders
reported yesterday to have been issued
from Rome directing all Italian steamers
in American ports to postpone their
sailings until April 20.
At the pier of the Lloyd Italiano line
it was said that the steamship Stampalia
would leave for Italian ports tomorrow
unless orders to the contrary were re-
ceived in the meantime. Agents of the
Fahre line said their steamers would con-
tinue to sail on the published dates.
Evening star., 1915-04-09
HOPELESS AS TO BOAT.
Lieut.. EIDE Looked for Loss Of F-4
at Any Time.

Los ANGELES. Cal. April 81 ex-
pect the whole thing to go up in smoke
any time," said Lieut. Alfred Eide OF
the United States submarine F4. in u
letter written to his brother here with
reference to his vessel just two days
before il was lost in deep water off
Honolulu harbor. The brother, Allison
Eide. "A city employe, today gave out a
portion of the letter which he received
only day or so ago.
Evening star., 1915-04-09
New Culebra Slide Closes Canal.

PANAMA. April 9.-A new movement
of the old Culebra cut slide on the west
bank of the canal has closed the canal
for a day. Several ships are tied up,
among them the kenkon Maru. the first
Japanese ship to use the waterway. She
is bound for Newport News The slide
was not unexpected. The channel will
be cleared and the canal reopened today.
Evening star., 1915-04-09
Desire to Secure Safety.

AUSTRIAN politicians showed En-
peror Francis Joseph that the Hun
garian desire for peace was brought
about by Germauy's failure to AFFORD
protection to Hungary Seeing dis
aster approaching the agitators de-
sire TO secure safety by strengthening
Hungary in the dual monarchy
Among diplomats here IL has become
the theme OF conversation. From good
sources II is known that the Serbians
are ~ fun accord with Russia In
English political circles the idea has
been received with sympathy. but with
the understanding that the demands
Of Russia and the Slav world nust he
fully satlshed Russia. France and
Great Britain are united in this con
ceptIon of peace possibilities"
Evening star., 1915-04-09
State Department Officials
Receive News of Skirmish.
Carranzistas Retreating.
BATTLE is IMMINENT
NEAR NUEV0 LAREDO
Mexican Officers Warned Not to
Fire Across the Border Into
Eagle Pass.

State Department adyices from ira
puato. near where Carranza forces
claim to have dccisively defeated villa
forces. say there was Il short sk1rmlsh
Wednesday and that The Carranza
forces retreated toward Queretaro. The
message added that Carranza forces
also had been withdrawn from the VI
cinity of Guadalajara.
Dispatches from Eagle Pass. TEX
indicated that an attack on Nuevo La
redo. across the border, was imminent
Instructions have been sent to Amer
lean officials to warn the Mexican com
manders that there must be no firing
into American territory.
The Mexican commander has prom
ised the American consul, the State
Department summary says, that there
would be no fighting that would cause
firing across the border. He stated
that there would probably be no fight
ing in Nuevo Laredo. The garrison al
ready has been moved to Sanchez. eight
miles south. The Nillista consul at
Nuevo Laredo has promised to take NJ
the matter of firing across the border
with the commander of the villa
forces
Evening star., 1915-04-09
Hungarians for Peace.

~ The subject Of a separate peace
f"~ Austria Hungary the Bourse Ga
z'tfe says
- the dual monarchy tne roles have
changed. At the outset the Hunga :
rtans were for war and for solidar:t.,
With Germany. Since the fail of
PrzeInNsl they have been talking loud
" % a separate peace.
The Austrian party. on the contrary
Insists on the war being continued
since they realize that Austria in anv
event Will have to pay the price. Em-
peror Francis Joseph has appealed 70
the Pope for aid in securing peace
when this is discovered by The Aus
trian party demand will he made that
second note be sent annulling the
UIst
Evening star., 1915-04-09
Other Advices Received.

Other advices given out by the de-
partment stated:
The department is informed that the
food situation at Tampico has been re-
lieved by a shipment of flour just re-
ceived from New Orleans.
Martial law exists in Tampico and
trains are operating to the north as
far as Victoria and to the westward as
far as Ebano.
"Advces dated April state that
fighting continues at Ebano and that it
is estimated that there are 1000 men
engaged. IT is reported that some
skirmishing has taken place in the vi
cinity Of the Panuco river.
April Z fighting at Ibano was re-
ported to be more severe than il had
been previously. Oil operators and the
Chamber of Commerce at Tanpico has
organized for the purpose of relieving
famine conditions.
The department received the first
compre hensive report in many weeks
covering general conditions in the dis
trict of Durango. 1t is dated March 81
and says:
"Ailitary movements in this section
have been few and the northwestern
part of the state of Durango is held
riano Arrieta, who refused to follow
Gen. Villa in his movement against
Gen. Ca rranZa.
Property Seized.
80 far as is known, no efforts have
been made to disperse small maraud
ing bands that control this northwest
ern mountainous region. Conditions
have been such that for nine months
the American consulate at Durango
has had no direct word from the con-
sular agency at Topia. Durango. Na>i-
Gus kinds OF property have been con-
fscated by the forces of Gen. Urbina,
who is understood to be operating be-
| tween San Luis Potosi and Tampico
and conducting campaign against the
latter place.
the state Of Durango. Emiliano Il.
Saravia. issued a decree which is said
to amount practically to u confiscation
of all hides, skins. horse and cattle,
hair and sisal hemp.
The report adds that there Is ir-
regular train service and that many
kinds and classes of paper currency
are in forced circulation.
Improved in Yucatan.
Latest advices from Progreso state
conditions in general In the state Of
Yucatan have improved. Moritz Caller.
German subject. manager Of the
electric light company at Merida, who
was accused of having dynamited a
Carranza military train. has been re-
leased from custody. but his case has
not been entirely disposed of.
statement issued last night by the
Carranza agency here said. in part:
"A dispatch from Ell Paso says that
| Gen. Engeles left Monterey Wednes-
day with 1000 troops. going toward
| Saltillo, leaving the garrison at Mont
| Grey under command of Raul Madero
with less than 900 mon. Alfonso Ma
dero, who was attacked with black
| smallpox at Monterey. is reported as
| improving, but is suffering from an at
| tack of paralysis. which is pronounced
| incurable."
Evening star., 1915-04-09
Hold Physical Residence Required.

The brief also couten,led that actual
residence in the meaning of the statute
providing for the appointment of Dis
trict Commissioners required actual
physical residence in the District. On
this point the brief said, in part:
In the light of the verdict we hesi-
tate to discuss the distinctions between
residence actual residence and dom
icile,' for Mr.. Newman'S actual absence
was conceded, and his claim of inten-
tion to return, as a substitute for
presence in the District, was negatived
by the verdict"
Evening star., 1915-04-09
ARE LITTLE CONCERNED
OVER PLANS OF HUERTA
Administration Leaders Deny His
Coming to United States Is
Cause Of Worry

Administration leaders protest that
they are little concerned about the
coming of Victoriana Huerta. recently
driven out of Mexico. although per-
sistent rumors say that Washington
officials are worried over the possible
political effect.
Counselor Robert Lansing said the
question of admission had not been
considered by the State Department
and that he did not know that any
point in this connection had been
raised by any other department of the
government.
The fact that Cipriano Castro, the
exiled Venezuelan dictator, had been
denied admission to the United States
several years ago led to the belief in
some quarters that a similar course
might be followed in regard to Huerta.
1t was pointed out, however, that Cas-
tros entrance was opposed by the
Venezuelan government because of in
dictments pending against him.
Said to Be on the Way.
Gen. Huerta is said to be aboard the
steamer Antonio Lopez. due to arrive
at New York from Spain tomorrow.
The object of his visit and how long
he expects to sojourn here have not
been announced However, it is
thought that he will hold conferences
in New York with his erstwhile follow
ers who have gathered there. and, 1t
is said, there is prospect that he
may decide to make his home III this
country.
Aside from the plans he may have
with respect to good or bad to be ac-
complished for Mexico, the democratic
leaders are principally concerned. il is
rumored, with the increased political
troubles which his visit is likely to
force upon the party in control of the
national administration I'm Washington.
Huerta. should he gain admission to
American shores, and there is but lit
tie doubt that he will be admitted, may
decide to make public speeches or to
get his views before the people in other
ways.
Another question of deep interest is
that Of whether Gen. Huerta will come
to Washington. Before he left Mexico,
when it seemed certain the constitu-
tionalist forces would triumph, the
general declared it was his ambition
to visit Washington with Mrs. Huerta
and call upon President Wilson, that
the latter might see that he (Huerta)
was without horns.
Buzz in Mexican Colony.
The coming of the former dictator,
has caused a great buzz in the large
Mexican colony in Washington. Much
speculation is rife as to his intentions
His friends scout the idea that he is
going to re-enter the field of Mexican
politics Others predict that he will re-
main in the United States only short
time and will go to cuba or Central
America, where he will complete plans
for an armed effort to gain control of
Mexico.
some say that he is returning at the
request of Villa and Zapata These
leaders. it is said, realize that they
have not the qualifications to occupy
the presidential chair, and have joined
in inviting the strongest man the coun-
try has produced since Porfirio Diaz to
undertake the task of holding down
the office of the chief executive.
large delegation of Mexicans from
Washington will go to New York to-
morrow night to greet the former
president
Evening star., 1915-04-09
Peace Talk Revived.

lii view Of these conditions, talk Of a
separate peace for Austria Hungary
has been revived. Such a possibility is
discussed widely iii the Russian press
and III diplomatic circles. 1t Is based
largely on the reported attempt OF
Emperor Francis Joseph to enlist the
influence Of the Pope in this direction.
From the first il has been maintain
ed here that the only terms Russia
would consider would be the uuquali-
fed concession Of all Slavic demands.
Russian officials have never conceived
fhe possibility Of such concessions un-
less decisive victory should be won
Iy the Slavic nations now al war.
Evening star., 1915-04-09
Go Over Until Next Week 0W-
ing to Press of Work in
U. S. Supreme Court.
COMMISSIONERS COUNSEL
CITE JUDICIAL "ERRORS"
Brief Filed by Frizzell's Attorneys
Supports Action of Lower
Tribunals in Proceedings.

Arguments in the case Of District
Commissioner Oliver +. Newman. whose
right to hold office has been denied by
jury trial in the District supreme
Court and by the Court of Appeals.
which We're expected in the supreme
Court of the United States today. Went
over until next week. The Newman
case was the last on the list set for
argument al this time, and the hear
ing of the other cases was not COM
pleted- making it impossible to reach
the Newman case before Monday or
Tuesday. The lower courts denied the
right of Mr.. Newman to hold office on
the ground that he was not an actual
resident of the District for three years
previous to his appointment as requir-
ed by law
Briefs were filed today in the Sf-
preme Court by the attorneys repre-
sentinG Mr.. Newman and by those rep
resenting William J. FriZZell, who
brought the proceedings as an inter
ested resident of the District of Co
lumbia for the custer of Mr.. Newman.
The brief filed for Mr.. Newman is
signed by Attorneys Jackson II. Raj
ston. William f. Richardson and
George w. Holt. and also by john w.
Davis. solicitor general of the United
States, and Conrad II. Syme, corpora :
tlon counsel. as of counsel.
Evening star., 1915-04-09
Well Known Here.

DIR. Gagruder was well known in
/ Washington and very popular. He had
more than twelve years hospital prac-
| tice here and was for four years su-
perintendent of the Emergency Hos
1 pital. For the last five years and up
| to the time he was sent to Serbia by
| the Red Cross he was professor of
| Cynical surgery in Georgetown Uni
i versity. He had an office in the Far
| raSut. on 18th street. and a large Wash
/ ington practice. He is a graduate of
the George Washington University, and,
| besides his medical degree, took an
A. T. and A. NJ degree from Johns
| Hopkins University in Baltimore. He
was fellow of the American College
| of Surgeons.
DR.. Magruder was forty years old
He was born in Upper Marlboro. Md,
October %, 1879. where he made his
/ summer home and where he has cul-
| tivated one of the largest peach or
| chardS in the country.
lie is survived by his parents. Mr.
and Mrs. G. G. Masruder Of Annapolis
to whom the news of his death was
broken this morning by the Red Cross
| officials through Judge Stockbridge Of
Baltimore. His father is clerk of the
| court Of appeals at Annapolis.
DR. Magruder's widow and two chill
| dren AT Edinchip. Baiquhidder
| scotland. where they went when Dr
| Masruder headed the Red Cross relief
/ expedition to Serbia.
| The Red Cross headquarters here has
| Known since sunday That Or. Magruder
WAS stricken with typhus, but il is the
/ practice of the Red cross not to alarm
he families Of American surgeons and
/ lurseS when there is nothing they can
do but worry. preicrriuE to wait until
| they can report Improvement.
Died in Belgrade.
/ Or Magrudcr died at Belgrade, the
Serbian capital, to which place all the
/ American surgeons and nurses are re
| moved soon they fall victims to
the plague. DR.. Edward Ryan was in
charge of all the American relief
! agents in Belgrade until he himself
was stricken and Dr.. Magruder came
| to his relief Last advices to the Red
Cross headquarters We're that Dr. Ry-
ans condition is improved.
| when DR.. Ryan was struck down by
/ the disease DIR. Kirby-Smith of Swansea
| Tenn, who was in charge of the Amer
lean Red Cross unit at Pau, France
volunteered to assist in fighting the
| plague in Serbia. He IS now in charge
OF the three American Red Cross units
there. out of the two Red Cross units
/ IN charge of the two Washington sur
4 Seons, which consisted of six surgeons
/ and twelve nurses, five of the surgeons
! and nine of the nurses are down with
4 typhus.
/ The British Red Cross agents have
suffered even worse. having lost four
surgeons: the Russian Red Cross two
J surgeons and three nurses, and the
Dutch unit, from Holland, was badly
reduced by deaths that the entire unit
was forced to withdraw, as every mem :
! ber was stricken.
4 Under the quarantine regulations the
| bodies of neither DIR. Magruder nor
| Dr. Donnelly can be brought to this
country for more than a year. and then
| they can be brought here only in her.
| metically sealed caskets. They will
| eventually be brought home for in
!, terment
Evening star., 1915-04-09
Claim Frizzell Is Justified.

The brief for the defendant in error,
William J. Fri1zell. was signed by
former Senator Joseph w. Bailey, Ar
thur Birney and William J. Neaie. 1t
replies to the contentious of Mr.. New
man. and supports the action of the
lower courts. They asserted that as a
citizen taxpayer of the District. Mr..
F'rizzen must be regarded as person
Interested in the meaning of the law,
and as such entitled to bring quo war
ranto proceedings in this case.
In regard to the contention of MIR.
Newman that court had no authority
to overrule the decision of the Presi-
dent and the Senate in the matter of
the appointment of Mr.. Newman, the
brief said:
The proposition is. then. that the Presi-
dent and the Senate may, in an ap
pointment to office, ignore, if they will,
express provisions of an act of Con
gress prescribing qualifications, and
the appointee be secure FROM inquiry
by the courts. 1t is new doctrine that
"a statute validated by the joint action
of the House of Representatives. the
Senate and the President may be re-
pealed by the President and the Senate.
.'rhe power to appoint 10 office is not
inherently an executive function. and
belongs TO the President only when
conferred by law. 1t may he exercised
as well by either of the other depart
nents of government if a statute SO
provides.
Evening star., 1915-04-09
Frizzell's Right Is Denied.

The brief filed by Mr.. Newmans at
torneys endeavors to show conclusively
that the trial court and the Court Of
Appeals had erred in their conclusions
of fact and of law. His attorneys con-
tended that the right to bring quo war
ranto proceedings against public
officer in the District was limited to
the Attorney General and to the United
States attorney for the District; that
the proceedings instituted by William
j. FriZzell, who was mere citizen and
taxpayer of the District and not inter-
ested in the meaning of the statutes
They contended, also. that the lower
courts had been in error in so far as
they had recognized the right of a
judge and jury to revise and reverse
the finding of the President and the Sem
ate upon a question of fact governing
qualifications for an office, the deter
mination Of which was primarily sub
mitted to the President and the Senate.
Mr.. NeWman's attorneys also insisted
in their brief that he was an actual
resident" of the District at the time
of his appointment and for three years
previous thereto in the meaning of the
law, asserting that while he had been
absent from the District almost con-
tinuously for nearly two years he had
always intended to make the District
his permanent residence. In support
of their contentious. the attorneys
cited many precedentS in their brief.
Evening star., 1915-04-09
Claims of Carranza Victory.

Claims Of decisive CarranZa victory
over Villa at Celaya. $50 miles north
of Mexico City, reports that martial
law had been established in Tampico
and that fighting continued at Ebano.
where the contending forces were esti-
mated at 1000 men. were received in
dispatches to the State Department last
evening.
Consul Silliman, at Vera Cruz, report
ed on the fighting at Celaya. but no
word had been received from United
States agents as to results of battles
in the Irapuato and Queretaro dis
tricts.
The State Departments announcement
stated:
"Advices just received from Vera
Cruz state that on the afternoon Of
April I. Gen. Carranza made a state
ment announcing the defeat of Villistas
by Gen. Obregon at Celaya after thirty
hours fighting, terminating on the
morning of the 7th. 1t is stated that
Villa commanded in person. 1t is re-
ported that 1000 were killed, many
wounded and 400 taken prisoners Ac-
cording to this announcement arms and
ammunition were captured by Gen. OBJ
regon, who is following the retreating
forces of Gen Villa -
Evening star., 1915-04-09
Angel del Case Safe.

Angel del Case. for the alleged pro
lection of whom the Spanish minister
to Mexico recently was expelled by
Gen. Carranza, has arrived safely at
Gen. Villas headquarters at 1rapuato,
according to message to the State
Department.
Del Case gave no details of his es-
cape from the CarranZa authorities, but
asked that the Spanish embassy here be
notified that he had resumed his ef-
forts to obtain protection for Spanish
subjects in the territory under the
control of Villa. 1t is generally be-
lieved here that Del Case hid in a pri-
vate residence in Mexico City until the
Carranza forces withdrew and the Viii
la-Zapata troops regained possession
of the capital.
Evening star., 1915-04-09
RUSSIANS CAPTURE
ALL CHIEF HEIGHTS
AND DBESK|D SLOPES
Austrian Operations in Car
pathians Have Collapsed.
Says Petrograd.
ON THE DEFENSIVE AND
NOTICEABLY WEAKENED
Cars General Staff Now Considers
the Best Route Into
Hungary.
FEACE TALK is REVIVED
Attempt of Emperor Francis Joseph
to Influence Pope to Act Causes
Wide Discussion Among
Slavs
ON THE DEFENSIVE AND
NOTICEABLY WEAKENED
FEACE TALK is REVIVED

FLTkOGRhD. April v.-With
the Russian forces in possession
uf all the main SUBMITS and
slopes OF the BeSkid mountains
army officers here assert that the
AUSTRIAN operations III the Car
pathians have collapsed The
Russian general staff is now CON
sidcrinS the best approach into
Hungary.
The operations centerlng about
Mezolaboroz, including the I'M
portant points Of Bartfeld. Lup-
kow and Jzsok. appear virtually
t. have ended. with the Aus
trians on the defensive along the
whole line and perceptibly weak
cned.
The deep snow which still COW
crs the Carpathian ridges stands
in the way OF rapid advance
into Hungary. Once this diff
culty IS overcome and the Rus
slams reach the southern slopes,
where signs Of spring are begin
ming to appear, the most serious
obstacle to a further advance will
be the artificial defenses which. it
is assumed, have been erected.
Evening star., 1915-04-09
WEATHER

Fair and somewhat warmer tonight:
SATURDAY partly cloudy and continued
warm: light southerly winds.
Temperature past tweuty-four hours.
Nigh. 50. at pm. yesterday; low. -,
at a m. today.
For fun report see page 20.