THE TIMES, WASHINGTON, SATURDAY, APRIL 13, 1901. Qimzg SATURDAY. APRIL. IS. 1991. Publication Office. tub: BcirrciirNS j3tjix.i:ln'g- Pennsylvania Avenue. Subscription by Mall One rear: ,... -r. IVrttsn. iXDSDSDiT. Sfl.OO MOUSINO AND 5UXDAY. EVENING AND SUNDAY SusdayOxly 4.00 4.00 1.00 Monthly by Carrier : Morxiko, EYENixa. A.in Sunday. .FItt cesits Moiucuta and Scsday Thirty-five cento Evkxjso and Sunday Thirty-five cenlt Circulation Statement. The circulation of The Times (or the week ended April 6, 1901. was as follows: Sunday, March SI 21,781 Monday, April 1 39.273 Tuesdav. April 2 39.713 V.'rdneadav. April S 39,020 Thursday. April 4 39.S14 Friday. April fi 39.503 Gaturdav, April 6 39.923 Total Daily average (Sunday, 21,754, excepted). 59,051 39,644 The Kentucky Murderers. The cliain of evidence is steadily encircling the murderers of the late Governor Goebel. and the indications are that it will become so complete within a few days that even a Hanna Governor of Indiana will be compelled to recognize the fact, or stand pilloried before the American people as a protector of criminals and a lawless defier of the National Constitution. At the trial of the mountain bandit, Kip-ley, in Frankfort Thursday, Judge Yost, who formerly was of counsel for the fugitive Taylor, testified in corroboration of the story previously told by ex-Governor Bradley; only he made the testimony more' damning, as far as that "peerless leader" is concerned. Speaking of the statement made to himself and Mr. Bradley by the prisoner, Ripley, before the assassination, Judge Yost said to the jury: ""Itiplej came to our room near the State House one evening'. He complained of tmjiwt treatment by TaIor. He said that a week he-fore or a day before Goebel was shot Taylor directed him to go to his home and get his military company to come to Frankfort. "JHplcy said: 'I can only ilo that at the order of the Comity JudQC. I am likely to get into trouble if 1 do it without any orders from him.' 'Taylor replied: 'Go and "do it as quickly as ion inn. If you pet into trouble I will pardon jou.' 'KipJey responded : "That's all right if you are Governor, but suppose the Legislature scats l.ocbel? He won t pardon mc Maat will become of me then?' Taylor replied: 'fio and Ret your company. Goebel won't be alive in twenty-four hours.' " And this Taylor Is the creature who was praised, cheered, and feted for his eminent services to his party when, as a delegate from Kentucky, he attended the Philadelphia Convention which nominated Mr. McKinley for a second term! The evidence speaks for itself, but there -is much more to come. It has now been made olear that there wflS a Republican conspiracy to murder not only Mr. Goebel, but all the Democratic members of the Legislature. lolson, one of the conspirators, has testified that he issued badges to the Republican State Senators and Representatives, which were intended to be worn on the day when the Taylor banditti in the galleries of the two houses should pick off the Democrats, and kill every man on the floors not protected by a liauge. This interesting scheme of "g-ood politics" was not carried out, owiny to a belief on the part of the conspirators that the Legislature would not depose the usurping "Governor"' Taylor. There is an excellent prospect that Ripley will take the Btand and testify for the State: in which case it is confidently believed that he will make a clean breast of the assassination plot and fix the criminality of its originator and instigator beyond any reasonable doubt. Then It -will be seen whether the Governor of Indiana is altogether dn3e to his constitutional duty, or not. The ItCNpoiinlliillty of Writer. M. Paul Bourget has recently written a book which deals with a somewhat j Interesting problem, a problem, in fact, which underlies some social revolutions. He takes as his central character a somewhat nervous, sensitive, and ill-balanced French youth, who has taken as his master and soul director a famous writer on psychology, and whose great ambition is to be an analytical psychologist. He has somehow Inferred from the teachings of his master that the only way in which he can attain this ambition Is by making experiments on himself and others, and he proceeds to vivisect the soul of a young woman from purely scientific motives. The results are tragic. The question suggested by the author ist how far was the original psychologist responsible for all this, supposing that his book really taught what the young man thought it did? There would not be much doubt about his responsibility, from the point of view of the Russian censor; the plan they adopt there Is to cut out of all books passages which, according to their Idea, may affect anybody so as to produce wrong actions. The man of science, on the other hand, would undoubtedly regard the psychologist's responsibility as nil, holding that no man can be held responsible for the use which unbalanced minds happen to make of his sayings. There are a great many good and worthy people In this i ountry who would agree with the Russian censor, and believe that the works of any psychologist who might lead people Into bad scrapes ought not to be printed at all. It is, in fact, the great principle of freedom of thought and speech which is on trial. The question Is a complex one, and. there is a great deal to be said on both Bides. No one can deny, on the one hand, that when a country succeeds in effectually hampering the freedom of th press, no matter how good the motive may be. It has placed a check upon progress. On the other hand. It is to be doubted whether absolute freedom ought to be given to those whose writings and speeches are liable to produce deeds of violence. If one must err on either side, however, it is certainly better to err on the side of too great liberty. What is one man's meat is another man's poison. It is true that the work on philosophy vhlch is ennobling and strengthening t. the moral nature of one man may be dangerous to the soul of another. The strong man, when traditional restraints are removed, makes his own standards and forms new ideals of right which may be better than the old; the weak man, when deprived of the support of tradition, is at the mercy of his own Impulses, which are often bad, and the traditions which he helps to create are not good at all. But it is not necessary to argue from this that a bad convention ought to be perpetuated or a good as - but unconventional book repressed. History shows that wherever this is done society becomes corrupt. Deprived of proper mental food, hindered from making progress hampered by the petty restraints-of ' unworthy tradition, strong natures, are -very apt to turn bad, when, with freedom, they might have worked out the law of their being, and become sane, wholesome, and efil-cient for good. Moreover, when a man is accustomed to liberty, he knows his own nature, and understands himself, because he makes his blunders early; the restricted nature is never sure of itself, and is continually meeting with surprising revelations of its own being, and of a world outside its petty traditions. If somebody must go wrong, it seems as if it would better be the weak and unworthy. In a free society the strong can protect themselves, and also guide the weak: in a society under the complete dominion . of. traditions inherited from a more or less corrupt and ignorant past, the strong, if they would do anything, must fight all society, and be" continually battling against a. mass of pettiness, cunning, and inert corruption which prevents them from accomplishing their purpose, and too often embitters them. The man who grows up in a crude but liberty-loving society has a chance at least to be himself without let or hindrance. If he has little guidance or teaching, at least he is not compelled, by the whole force of his surroundings, to accept inherited ideas. If he is subjected to wrong influences, he is free to cast them off as soon as he sees their evil. If he is swept into the current of great movements, even though they may be partially evil in their effect, that is at least better than repression and suffocation. In a ord, it is better for mankind to think, even to think wrong, than to be forbidden to think at all; and though here and there a badly balanced or half-educated person may come to grief by misinterpreting the cold and unsympathetic facts of science, it should not be forgotten that without great scientists, who seek the truth, and nothing but the truth, we should have an intellectual stagnation which would spoil not one mind here and there, but nine-tenths of the people. The Fliifc ii ml the Constitution. At a time when the American public is awaiting in suspense the decision of the Supreme Court on the Porto Rican and Philippine constitutional questions, it is doubtful if much should be said in the connection. Yet it is allowable, perhaps, to show the American people how great reason they have to expect that our tribunal of last resort will stand by the fundamental law of the country, and confuse those who would overturn it, The reasoning upon which the opinion of the Supreme Court will be based cannot fail to be affected by the celebrated dicttim of Chief Justice Marshall, and by the practice of distin-guishpil Presidents and judicial de cisions after Marshall's time. It is of interest to note that never in the whole course of our history, before the advent of the present Administration, was it ever assumed that the Constitution did not go with the flag, everywhere and of necessity. When the forces of the United States had taken the Territory of California from Mexico, President Polk, on January 11, 1847, thus instructed Commodore Stockton, who was then in command of the Pacific Station: "The inhabitant of the (California) Terri-lorj are entitled to all the benefits of the Federal Constitution of the United States to the same extent as the citizens of any other part of the Union. 'That instrument establilies a form of government for thoie who arc in our limit and owa oltmlHn. allegiance to it." This is a clean-cut expression of the older American Idea that our Government is one of limited powers, strictly defined in the Constitution, and that j the place where they are exercised can- ! not modify the duty of the Executive to obey the law. When we acquired the Territory of Xew Mexico, under tho Treaty of Guadaloupe Hidalgo, Presi dent Polk by order continued the old laws within the ceded area, excepting J those which might be "found contrary to the Constitution." This executive action was endorsed by the Supreme Court in the case of Leitendorfer versus Webb, reported in the twentieth volume of Howard, pages 17G to 177. In his message to Congress of December 5, 1S4S, President Polk said: "The inhabitants, by the transfer of their country, had become entitled to the benefits of our laws and Constitution." The Supreme Court endorsed this proposition In the suit of Cross versus Harrison ICth Howard, page 1G4 and the decision in that case never has been overruled to this day, except by the unconstitutional action of the McKinley Administration in Porto Rico and the Philippines. It Is useful in this connection to remember that the Supreme Court has declared It to be unnecessary to "extend" the Constitution to conquered or acquired territory, because it goes there "ex proprlo vigore," as was stated In deciding the Oregon case of Naval Officer versus Hill (125 TT. S. Reports). Later, the Supreme Court said (5 Howard, p. 212): "Every nation acquiring territory by treaty or otherwk mut bold it jAibject to Uic constitution and law of its own Government." In a late case, that of Hof (174 IJ. S. Reports) the court held that "Congress may enact legislation for any Territory as It may think fit, so long as it does not contravene any provision of the Constitution of the United States." We think that the foregoing citations ought to encourage popular confidence in the outcome of the trial of this Constitution, which of old was so respected and venerated by the court before which it now stands in peril of its life. No one knows what the outcome may be, and this, too, indicates a doubt which never should be possible to entertain. But we have seen the popular branch of Congress suppressed, capon-ized, and brought under the control of the Administration. We have seen the Executive make itself supreme over matters before recognized as in the exclusive control of the Legislature, and no one knows what may come next. But of one thing there Is no doubt: Prior to the era of the trusts there was never a doubt in anybody's mind that the Constitution went with the flag. OliliroHKcil I'orto It too. The petition signed by six thousand worklngmen of the island of Porto Rico is shortly to be presented to Mr. McKinley. We do not see how he can avoid paying some attention to it, notwithstanding the influence of the oil, sugar, tobacco, and rum trusts. It discloses conditions which should cause Americans to shudder at the cruelty they permit their Government to show to a helpless people whom we are tyran- nizing and starving for the benefit of a few great American corporations. The petitioners declare that they are denied the rights of free speech, free assembly, and a free press, and that the men employed on Government work are paid only twenty-five cents a day. They want the President to grant them American institutions. That is not an unreasonable demand. As a matter of fact, they are entitled, to ail the rights, privileges, and immunities guaranteed by the Constitution to all Americans, and that they are Americans as much as the inhabitants of Arizona or the District of Columbia is not to be doubted on the basis of Supreme Court decisions covering almost a century. It Is to the Supreme Court and not to the executive branch of the Government that the Porto Ricans must look for relief. By this time they should know that the arrival of their petition in Washington will be the signal for the trusts to assemble Jiere also.,, and the chances are that, although, as of yore, the President may know what his "plain duty" in the premises is, he will not be permitted to perform it. But if, as intelligent Americans expect, the Supreme Court shall sustain the Constitution, and its own undeviating attitude since 3820, then a new and prosperous era will dawn for the outraged and buncoed inhabitants of our nearest in sular possession. The reports of a British embargo on American beef, though not officially confirmed, are believed to be true. There is a wild story to the effect that this action is in retaliation for the legal proceedings begun in Isew Orleans by agents of fhe Boers to stop the shipment of army mules to South Africa. Such an idea may be dismissed without comment. England is too businesslike to Indulge in any such foolishness. The more reasonable theory is tliat American producers have soaked so much "prcservntine" Into the carcasses sent abroad that the meat has become deleterious to health. This is not at all an Impossibility. The Western beef sold in Washington last summer was so thoroughly embalmed that it would have been repugnant to the palate of the most ignorant alligator. We are glad to hear that, in arranging the preliminaries of a new treaty with England to revive the Clayton-Bulwer Convention, Mr. Hay has the grace to consult Senators who will vote to ratify or reject it. We are more glad to hear that, as a rule, they do not give him much encouragement to think that the Senate will swallow any pro-English done next winter. It Is said that he is pessimistic about the matter, and we hope that, too. is true. The Clayton-Bulwer Convention, or rather Its memory, for it has not been operative since 1S62, if ever it was, can be kicked out of thought by a resolution of Congress, without the advice and consent of the British Foreign Office. Count Chimay, a Viennese nobleman, who Is in this country on a visit, predicts that the day is at hand when the Empire of Austria -Hungary, comprising eighteen kingdoms and principalities, will split in pieces, the German-speaking provinces going to Germany, Hungary becoming independent, and the remainder going elsewhere. Although Count Chimay seems to think otherwise It is hardly probable that the break will antedate the death of the present Emperor Franz Josef. But then it Is fairly certain to occur, and when It shall there will be a strain upon European international relations which might easily lead to a Continental war. SCHLEY TO RETURN AT ONCE. Not to Wait Until Relieved by Hear A (1 mi nil Cromwell. In compliance with the wishes of Rear Admiral Schley the Navy Department has cabled to him that he may return to the United States immediately, thus revoking his original instructions to remain in command of the South Atlantic Station until relieved by Rear Admiral Cromwell, now on his way thither. Rear Admiral Schley is now on the flagship Chicago at Montevideo. He will return by passenger vessels, going first to England and thence to iew ionc lie win proDamy noi reacn this country until late in May. Rear Admiral Schley wants to be assigned to duty as Chairman of the Lighthouse Board in Washington until his retirement from active service In October next. The chairmanship, however, has been promised to Rear Admiral Farquhar, commander of the North Atlantic Squadron, who will change places about May 1 with Rear Admiral Higglnson, the present chairman. No decision has been reached as to what disposition will be made 'of Admiral Schley between his return home anu the date of his retirement. CONSULTING OVER THE CANAL. The State Department Xot Hopeful of a. Convention Ilefore December. It was announced at the State Department yesterday that an attempt was being made on the part of this Government to reach an early agreement with Great Britain on the question of a new isthmian canal treaty. The Administration is said to entertain little hope that another convention can be arranged before the Senate convenes In December. Secretary Hay, It Is said, is continuing his policy of consulting with United States Senators whenever the opportunity Is presented, to ascertain the character of an agreement which will be acceptable to the Senate, but o far there has been nothing to show that there has been any change of sentiment in regard to the defence and fortification of the canal by the United States. Lord Pauncefote and Mr. Hay have dis cussed the matter on several occasions. ana the enquiries which Mr. Hay Is making of Senators are for the purpose principally of informing the British Ambassador just what kind of a treaty the Senate will accept, so that Lord Pauncefote, on his return to England in June, will be able to lay before the Foreign Office the position of the United States. Mr. Hay's enquiries of Senators have been directed mainly to ascertaining whether there is a Prospect of an agreement on their part to a modification of the features of the Senate amendments to the Hay-Pauncefote Treaty which the British Government declined to accept. It Is said that all of those approached have discouraged the presentation of any treaty that proposes to endanger the rights of America In the proposed canal and the sentiment against framing a compact modifying the policy determined upon by the sentiment is as strong as ever. It Is understood, however, that Secretary Hay will continue his efforts in the direction of preparing a convention that will be more acceptable to Great Britain. A Xcw Start In Order. (From the New Haven Uegister.) The rejection of the Plutt amendments does not mean tliat the negotiations drc oier. It means tliat an J5iorlunity in, jlo-.v jjiicn 'r new and bclf-ropectiu? in;otfations to be begun. Our Government should abandon the Plait amendments altogether and not attempt to force then; down Cuba's throat. Senator Mel.iiiirln'rt Knlernrlse. CFrom the lloston Herald.) South Carolina Is about the least hopeful Southern State in which to begin Republican work. It might possibly succeed in .North Carolina, as it has pained a foothold in Maryland and achieved something in Kentucky, but nothing can povslbly await h'eiwtor McLaurin in South Carolina but political extinction. Wc expect to find him falling back upon President McKinley for an office before the lattcr's term of aervicc 1 ended. . PROSPERITY IN PORTO RICO. Senator Porakcr Declnrcs the Ixlniid Better OfT Thiin.fi Venra. . Senator Foraker ofSfem called at the War Department yesterday on personal business and discussed the situation In Torto Rico from his point of view, as he is familiar with conditions on the island. He claimed that his "information was contrary to that presented by the various delegations which nave recently visited the United States. "Porto Rico," said Hie "Is in a more prosperous condition ""today than it has been for years The taxes are lighter than in any other place in the world. The men who are asking for relief are those who advocated a 25 per cent tariff instead of a 15 per cent tariff. "The only possible objection is to that provision of the law which compels taxes to be ald within six months. It Is not likely that any land will ever be forfeited under this law. Governor Allen has already signified his willingness to call the Legislature ogether and to modify or repeal this particular provision. It Is true that there are a large number of people in Porto Rico who have always been poverty stricken and an so still. "The testimony taken before thq. committee and reports of officers who have been in Porto Rico are to the effect that there are perhaps 200,000 or 300,000 people who live in the interior and are in an extremely destitute condition, living in huts of thatched palm and with few cooking utensils or any of the other attributes of civilization and comfort. It is hoped that the condition of these people will Improve under better systems of government than the island has heretofore enjoyed." Senator Foraker expects to visit Porto Rico just before the reassembling of Congress and will make as thorough an Investigation of conditions as his limited time will afford. TO SOLVE NAVAL PROBLEMS. The Wnr College Courxe to Mo Ile-Niimed Thin Summer, The summer course at the Naval War College will be re-established this year, despite the fact that there is such a shortage of officers for active duty. The most interesting feature in connection with the course is that several problems, and not one, an heretofore, will be submitted to the class for theoretical and practical demonstration. While the Navy Department has prepared the problems, it is not ready to make them public yet. One of them, of vital interest, concerns the defence of the Atlantic and Pacific Coasts of the United States through the use of the Nicaragua Canal, which, for the purpose of the problem, is supposed to be in existence. Another problem relates to the defence of both coasts, with the Straits of Magellan as the connecting link between the Atlantic and Pacific Oceans. The third problem concerns operations of the American fleet against a European nation. In order to enable the class to work out the problems to some extent In a practical way, the North? Atlantic Squadron will be assigned to duty ,in connection with the War College!- The Olympla, the Kearnarge, the Alabama, the Illinois, the Massachusetts, tho Machias, and possibly the Indiana, with a flotilla of torpedo boats, will compose the squadron, and its officers will go ashore at intervals to take part in the discussion of the problems and to listen to lectures. In this way the regulai) class will be augmented greatly. MAY ASK AN EXPLANATION. Venezuela. Likely to 'Enquire Re- ffurlliir 3Ir. Loom! Allejred Stutein.'euts. Although the attention of the State Department has not been called formally to the newspaper despatches from San Juan, Porto Rico, containing alleged utterances of F. B. Loomls, United States Minister at Caracas, in criticism of President Castro, of Venezuela, the officials are concerned over the matter, and when Mr. Loomls arrives in Washington, he will be asked If he was correctly quoted. Should he make a general denial of the statements attributed to him tha matter will be dropped, but it la generally ac knowledged here that he will not return to Venezuela. No doubt la felt In official circles, and, probably with reason, that Mr. Loomls is persona non grata to President Castro. It Is regarded as certain that the Venezuelan Government will make enquiries of the State Department concerning the newspaper interviews cabled from San Juan, and this will compel the department to make an explanation based on what Mr. Loomls has to say. Mr. Loomls is expected to reach Washington in about a week. TO REHABILITATE T02.IBST0NE. The Old Mines to Be Pumped Out and Worked A sain. TUCSON. Ariz., April 12. The silver mines at Tombstone will bo pumped out and opened again as producers, after lying Idle for many yearB. E. B. Gage, chief promoter of the project, was in Tucson today, having returned from a visit to Tombstone to complete the final arrangements for the great undertaking. He has succeeded in Interesting companies owning mines in the old camp, and a large corporation has been formed. A railroad will be built from Tombstone to connect with the Southern Pacific at Fair-bank. New works will bo built and the old silver camp will again take on its former life and activity. Th mines produced millions of dollars and are yet practically in the first stages of their development us producers. Tombstone ha already begun to show signs of activity and many of the old buildings arc being prepared for occupancy. The work of pumping the mines will be started in a short time. A LONGER VISIT DESIRED. Meuiiihiu Want the President to Spend Fourteen Hours There. MEMPHIS, Tenn., April 12. An effort is being made to have President McKinley spend fourteen hours Jn Memphis, ln-sleud of six, as promised in the schedule of his Southern trip. Senator Carmnck, Representative Patterson, and others are now trying to secure the Change, at the request of Governor Longino, of Mississippi, who declares that under the present schedule the President would pass through the attractive porthm or Mississippi, where the extensive levee work is in progress, at night. ' ' Representative Patterson has gone to Washington to interview the President with regard to the character of entertainment h prefers, and under today's telegraphic suggestion will try to secure a change in the schedule. SIXTEEN NEW OIL .COMPANIES. Charters Filed Witfa 'the 'I'ejnii Secretary ofyStnlo. AUSTIN, Tex., AprILJ2. The charter of the National Oil and Pipe Line Company, of Beaumont, Tex., with a capital stock of $3,000,000. was filed in the Secretary of State's office bore today. The purpose of the company is to develop and make fuel oil. It will build an extensive system of oil tanks and pipe lines in the Beaumont field It Is aseited by those Interested In the company that the concern has no connection with the Standard Oil Coin-puny. The corporators are Robert L. Henry, Charles B. Shedd, of Chicago; John F. Mundy, of Logan County, 11L; Charles D. Mullen, of New York, and George Mansfield, of Jefferson County, "SVis. In addition to the above charter there were filed fifteen other oil charters, with capital stocks nmging In amount from $50,000 to. ?1.000,000. The aggregate capital stock of Uie sixteen companies which filed their charters today Is $S,728.000. The excitement over the oil discoveries in the new -field continues. BRADSTREET'S ON THE WEEK. Crop and Trade .Reports Coiitlnnc of a Favorable .Nature, NEW YORK. April 12. Bradstreet's review tomorrow will say: "Crop and trade advices alike continue favorable. Tho seat of greatest strength is In the iron and steel trade, while, textiles evince the moat irregularity. Money is firmer, as natural in view of the en larged volume of spring trade and the putting through of large financial arrangements, but no particular stringency is looked for. "Bank clearings, swelled by heavy stock speculation, are of large volume for a shortened weak, due to religious observances. Building is active, the greatest, in fact, for years, and lumbor, hardware, paints, and kindred lines share in the good feeling. "Railroad earnings are very favorable, gains over progressive increases in former years being recorded. Foreign trade reports are still quite favorable, decreases In cotton exports being offset by gains In breadstuffs and provision exports. "Despite the unquestionably quieter tone of export trade in manufactures, it is to be noted that Americans are still reaping some advantages from their superiority in certain lines of iron and steel. Retail trade has been helped by better weather in most sections, and while spring jobbing Is smaller at several markets, improved retail conditions are expected to" help reorder busi ness. "The low price of cotton is still a deterrent to trade at the South and talk of restriction of the anticipated increase in acreage is heard. Planting Is, however, being actively pushed, and retail trade is for this reason still quieter. Whisky Is active at Louisville and Cincinnati and the hotels of the latter city are filled with country buyers. "Cotton goods note some slight improvement in tone and it is hoped that the bottom has been reached at the prevailing concession In prices. Cotton Is 18c lower again on large movements, whicii is exnected to heavily exceed last year. Raw sugar has again strengthened and the advance of 10 cents per hundred pounds in refined, announced this week, was anticipated by buyers who have bought heavily. The outlook favors a further strengthening in both raw and refined grades. "Bank clearings for tho week aggregate $2,512,0S2,SS0. a decrease of 1.4 per cent from last week, but a gain of 33.9 per cent over last year and a gain of IS per cent over 1S93. Outside New York the gain la 12 per cent. "Failures for the week number 225, against 1SS last week and 152 in this week a year ago." DUN'S REVIEW OP TRADE. Hettcr IiuiiieM Condition Shown, Even Textiles Improving. NEW YORK, April 12. Dun's review tomorrow will say: "The tone of general business has been better this week. Marked activity in the distribution of merchandise Is reflected in the gains of 45.9 per cent in bank clearings at New York, compared witli 1S0O. and 20.8 per cent over 1S99, with gains of 13.5 and 10.S for the same periods at leading cities outside New York. Even the textile markets show pronounced gain. "Activity in the metals division has taken pig iron production to near record figures, and some dealers do not see how production of partly finished forms this year is to be made to meet the demand. The Government report of the condition of wheat on April 1 is the surest possible basis upon which expectation of continued commercial prosperity could be founded. "Stringency of money is largely local in New York, and does not alter reports from most of the larger cities of favorable conditions in collections. Railroad earnings in March were 7.4 per cent larger than last year, and 32.4 per cent over 1S09, according to practically complete returns. "Pig iron production on April 1, according to the 'Iron Age,' was at the rate of 29C,67G tons Weekly. This quantity has been exceeded twice In the history, of the industry; on December 1, IKK), when 296,-059 tons were produced and in February, 1000, when the output was 233,014 tons. The remarkable feature of tha situation is the decrease of C9.568 tons in furnace stocks during March In the face of this enormous production, while in six months the loss In supply has amounted to 203,630 tons. "Mills arc evidently taking material freely, as at the earlier dates when the yield of pig was at the present high rate there was accumulation at furnaces. Quotations are generally steady for all forms, except plates, on which ?2 a ton more is demanded without restricting purcliases. Contracts for delivery of pig iron do not, as a rule, extend beyond the end of this month, and furnace stocks cannot be expected to continue decreasing, unless new business comes forward, for many furnaces have gone into blast since tne montn oponcu, ana prouuctlon on May 1 will probably be at a new high record. "Manufacturers have taken two large export orders for rails and structural material, despite the active domestic business. Bessemer ore prices were fixed at a reduction of $L25 from last year's list, which was surprising in view of the great advance of the finished products. "Speculation has been unusually heavy in foodstuffs, the local markets averaging more than two million bushels of wheat daily. Prices receded sharply from the top point of two weeks ago, wheat losing about 1 cents for spot. "Textile fabrics ure in better position, although Improvement Is alight and con- nneu to a row special lines. At Eastern wool markets, manufacturers have taken sufficient new material of late to indicate better orders for goods and news from the West suggests that ranch Owners are going to hold for better prices than now prevail. "In tho cotton goods division there has been more buying for China, while spring dry goods openings make encouraging exhibits. The raw material lost most of last week's gain, speculators making no resistance to the weakening influence of larger receipts and lighter exports than a year ago. Besides the International curtailment of spinning, there has been further reduction of operations by spring floods. In silk goods more activity is reported and another trifling advance occurred in raw material. "The money market ruled stronger all the week. "Liabilities of failures In the first week of April were 51,322,734. of which 1157,331 occurred in manufacturing. $667,052 In trading, and XluS.151 in other commerel.il line. A year ago the amount of defaults was $2,232,233. "Failures for the week numbered 203 in the United States against 193 last year, and 24 in Canada against 41 last year." DEPUTY AUDITOR POR CUBA. Ernexi Fonts y Sterling Appointed by Seeretnrj- Root. The Secretary of AVar yesterday appointed Ernest Fonts y Sterling to be deputy auditor for Cuba, under the newly organized accounting system, which provides for the appointment of an auditor and deputy auditor for the island. Mr. Fonts is a native Cuban, and has been an assistant auditor of internal revenue during the American occupancy of the Island. He was strongly endorsed for the post by prominent Cubans and also by General Wood. THE THORNTON BREAKS DOWN. Vnother Accident Delays the Trial of the Torpedo lloat. The torpedo boat Thornton made a third attempt yesterday to run for two hours over the Barren Island trial course in Chesapeake Bay, but was again unsuccessful, owing to an accident. On her last attempt she had two slight accidents to her machinery which compelled a postponement until yesterday. The only information on the subject of yesterday's run that the Navy Department lias received wns contained in the following despatch from Captain Hemphill, President of the trial board: "Run Thornton forty-five minutes at ubout 26' knots when forward boiler gave wuy. but no one hurt. Board leaves for Washington." The contract required that the Thornton should make an average speed of 26 knots for two consecutive hours. She will have another trial when repairs are made. LATE LEGAL DECISIONS. The fact that a widow la addicted to the use of Intoxicating liquors does not prevent her from becoming the administratrix of her husband's estate, holds the Surrogate of Suffolk County, New York. In his decision the Surrogate said. In part: "It must be remembered that it is not Intoxication which disbars ope otherwise qualified from receiving letters of administration. The question Is not whether an applicant has been addicted to the use of intoxicating liquors, nor whether she Is so addicted at the present time. It is a common thing for men of prominence and reliability to drink when they see fit, nor do their acts in this regard prevent them from filling positions of trust and responsibility ably, it is only when their habits of drink are carried so far as to cloud the brain and weaken their respect for honesty and integrity that courts are called upon to take cognizance of their use of liquor." The certificate of insurance Issued by a fraternal organization provided that it should be null and void In case-of the untruthfulness of any of the answers in the application. An applicant- received a cer-, tlfleute after he had stated that he was then and had been for seven years past free from any disease. Four days after receiving his certificate he was taken se riously 111 with cancer, which resulted in his dcatli In a short time. In an action by his widow to recover on his policy the Supreme Conrt of Michigan held that inasmuch as the testimony failed to show conclusively that the insured had the cancer at the time he received the certificate of Insurance, the jury had a right to pass upon the question as to whether he was in good health at the time he made his application. A verdict of $1,000 against a railroad company in Texas for compelling a white woman to ride sixty miles in the coach for negroes was held to be excessive by the Court of Civil Appeals in the case of Missouri, etc., Ry. Co. vs. Ball (61 S. W. Rep., 327). The court said that $100 would be full compensation for all the damages sustained and that lr the plaintiff would remit 5300 of the verdict the judgment would be affirmed; otherwise reversed. The court, however, expressly held that in forcing tho plaintiff, a white woman, to ride in the negro car the. railroad company violated its contract and failed to discharge Its duty as a common carrier, and for the breach of contract and neglect of duty was liable for such damages as It ought to have reasonably anticipated would flow therefrom. And among the elements of damage are mental pain, anxiety, distress, or humiliation suffered. A written permission given by a mother to a liquor dealer authorizing him to sell liquor to her minor son was held by the Court of Criminal Appeals of Texas, In tho case of Patten vs. State (61 S. W. Rep., 309), not to be admissible In a prosecution against the liquor dealer for such a sale, unless it was shown to have been in his possession at the time of the sle. The question whether the word "Unee-da" could be registered as a trade-mark for biscuits in England was recently passed upon by Justice Cozens-Hardy, who held that the word was not entitled to registration, as It was not an invented one under the Datent acts, but consisted only of the misspelling of the words "you need a." A passenger on a street car who acts in such a manner as to Justify the inference that he Is Intoxicated, and falls into a sleep from which the conductor falls to arouse him by shaking him, may be ejected, holds the Supreme Judicial Court of Massachusetts, In the case of Hudson vs. Lynn and B. R. R. (59 N. E. Rep., 647), but the court holds further that It Is not due care to put him. on a dark and stormy night, in an unllghted road some distance from buildings, though street cars are passing at the time and teams are llkely to pass. Where a witness testifies to a conversation over a telephone, and that he recognized defendant's voice, the Supreme Judicial Court of Massachusetts, in the case of Lord Electric Company vs. Morrill (33 N. E. Rep., SOT), holds that there is sufficient evidence of identity to justify the admission of the conversation. Where a passenger on a street car is given s. wrong transfer slip by the conductor and boards a car on the connecting line, tenders the transfer, which is refused by the conductor, declines to pay her fare, and is forcibly ejected, after being requested to leave the car, the Supreme Court of Illinois, In the case of Kiley vs. Chicago City Railway Company (59 N. E. Rep., 794), holds that tha passenger cannot recover for any Injuries sustained, as it was her duty peaceably to leave the-car, and seek proper redress in the courts. A person who constructs a building upon his own property with windows in it, upon the side facing his next neighbor's property, so that the privacy of the lattcr's residence is interfered with, cannot be made by his neighbor, by injunction, to close the windows, holds the Supreme Court of Louisiana, in the case of Bryant vs, Sholars (29 So. Rep., 330), the latter's remedy being to establish screens upon his own property. A judgment of $750 in favor of a father of a child and against the Western Union Telegraph Company for failure of the company to deliver a telegram to the father announcing the death of his child, whereby he was prevented from attending the funeral, was affirmed by the Court of Civil Appeals of Texas, in the case of Western Union Telegraph Company vs. Rice (61 S. W. Rep.. 327). A failure to destroy the unvoted ballots In a local option election does not Invalidate the election, holds the Court of Appeals of Kentucky, In the case of Puckett vs. Snider (61 S. W. Rep.. 277), as the statute requiring the destruction of the ballots is merely directory and not mandatory. A written contract between a shipper and a common carrier, by which it is stipulated in consideration of a reduced rate for carriage that the value of the articles shipped shall be limited to a stated amount, is held by the United States Circuit Court of Appeals, in the case of Jennings vs. Smith (106 Fed. Rep.. 139). not to be void as against public policy, as relieving the carrier from liability for negligence. Where a partnership has been declared to be bankrupt Judge McPherson, of the United States District Court, E. D. Pennsylvania, in re Stokes et al. (106 Fed. Rep., 312), holds that the individual estates of the partners, though they are not adjudged bankrupts Individually, are drawn to the court of bankruptcy for administration, and that such court may require an assignee for the benefit of creditors of one of the partners to surrender the assigned property to the trustee of the partnership, by a summary order, since such assignee does not hold adversely but in the right of his assignor. in passing upon the constitutionality of an act of the Legislature limiting the height of buildings to seventy feet on lauds adjacent to the new courthouse, the Supreme Court of Massachusetts held that the State, In the exercise of its police power, has not the right to impose such restrictions without paying damages to the property owners affected. The Massachusetts statute providing for extra punishment In tho case of habitual criminals has been held to be valid and constitutional by the Supreme Court of the United States. The court held that tho extra punishment was not for past differences, but for the offence for which the criminal might be on trial. The statutes In regard to Insanity in so far as they permit the perpetual confinement of one as Insane without service or notice on him of the application for an adjudication as to his sanity, or hearing at which he is present in person, or by representative, are held to be unconstitutional by the Suoreme Court of New York, special term, in the case of People vs. Wendel (CS N Y. Supp., 94S), us authorizing the deprivation of liberty without due process of law. OBITUARY. Col. Aldace F. Walker, Chairman of the Board of Directors of the Atchison and Santa Fe Railroad Company, died of angina pectoris yesterday morning at his home, 5 West Seventy-fourth Strcrt. New York City. Although Colonel Walker had not been well for the last six weeks, his Illness was not supposed to be serious. Up to the time of his death he spent a part of each day at his office, and on Thursday he engaged passage for himself, hi wire, and two of their children on the steamship Hohenzollern, which sails today for Naples. Colonel "Walker was born on May II, 1S42, in Rutland, Vt., and was the son ot the Rev. Aldace Walker, a Congregational clergyman of that city. His mother was Mary Baker, of Lebanon, N. 1L He was graduated from Mlddlebury College, at the head of the class of 1$62. and Immediately went to the front as a second lieutenant in the Eleventh Vermont Volunteers. He served throughout the civil war and was mustered out as brevet lieutenant colonel. His principal engagement was 'In the battle of Cedar Creek, where he won one of his several promotions by risking his life to save that or Lieut-Henry E. Bedell of his own regiment. Lieutenant Bedell's left leg had been shot off above the knee and he was left bleeding to death on the field. Colonel Walker remained under fire to tie up the artery and then carried him to a place of safety. Lieutenant Bedell Is now alive and well In Vermont. After he was mustered out Colonel Walker pursued his preliminary studies in law under the guidance and In the offlco of Senator Edmunds of Vermont, after which he was graduated from the Columbia Law School. Then after four years' practice In the office of Strong & Shepard, of New York. Colonel Walker returned to Rutland, where he remained until 1SS7, and built up a successful practice as a railroad and corporation lawyer. He served two terms In the' State Senate of Vermont. Because of his reputation as a railroad lawyer, he was chosen In 1SS7 by President Cleveland as the Republican member of the Interstate Commerce Commission to harmonize the discordant elements among the competing railroads, or to carry out the "gentlemen's agreement" between the members of the Traffic Association. After the dissolution of the association Colonel Walker went to Europe. He was recalled to America to become receiver of the Atchison Railroad. He was madechairmanof the reorganized company and had much to do with Its development. He was Chairman of the Gulf, Colorado and Santa Fe Railway Company, the Santa Fe Pacific Railroad Company, and the Southern Colirornla Railroad Company. He was a director of the Aztec Land and Cattle Company, the Central Vermont Railroad Company, the San Francisco and San Joaquin Valley Railroad Company, and the Sonora Railway Comnany. He wis also a trustee of the New York Securitv and Trust Company, a past commander of the Illinois Commander- of the Loyal Legion, and a member of the West End Collegiate Church of New York. Colonel Walker married, in 1371. Catherine Shaw, daughter of Hudson Shaw, of Walllngford, Vt. A widow, three childrenRobert. Harold, and Ruth and a sister Mary M. Walker survive him. He was the author of "The Vermont Brigade in the Shenandoah Valley" and numerous essays on railroad subjects. Robert Cochran Bacot, well known as a civil engineer, and at one time registrar of Jersey City, died yesterday from paralysis at his hom 179 Prospect Street, East Orange, N. J. He was a descendant of the Huguenot families of Bacot de Saussure, which, after the revocation of the Edict of Nantes, with a number of other French families, settled in South Carolina In 1S70. His grandfather. Thomas Wright, of Bacot. was the first Keoenil postmaster of Charleston, receiving hts appointment from President Washington. His maternal grandfather, Capt. Robert Cochran, a native of Massachusetts, was sent to France by the Government during the Revolution and he secured a sTjIpioad of supplies for Washington's army. Robert Cochran Bacot was born ia- g Charleston in ISIS. Graduating from the College of Charleston as a civil engineer; he engaged in railroad engineering in New Hampshire, the Carolinas, Tennessee, and Kentucky. In 1S3S he moved to Jersey City, and in 1S40 was elected city surveyor. In 1S57 he was elected registrar, and subsequently chief engineer and superintendent of the Jersey City Water Works. He also served in the Assembly and as an alderman. In 1S41 he married Mary Gilchrist. Four sons and three daughters survive him. From 1SS6 to 1S99 Mr. Bacot was chairman of the New Jersey committee of the joint boundary commission or the States of New York and New Jersey to determine the boundary between those States In the Hudson River, New York Bay. and Arthur Kill. The preceding commission on this boundary line had allowed New York to assert jurisdiction up to the New Jersey shore in the Hudson River and New York Bay. Mr. Bacot and the New Jersey committee maintained the right of New Jersey to go to the centre of the river and bay and would admit of no diminution of that claim, preferring to have no agreement If New Jersey's full claim was not admitted. After long delay and much discussion the point was carried, thus regaining to New Jersey Jurisdiction of islands in New York Bay with full civil and criminal jurisdiction to the centre of the waters, as well as the property rights up to that time. The Rev. Cornelius Emerlck Wyckoff. pastor of the Reformed Church at Irv-lngton. N. J., died ou Thursday evening in his thirty-sixth year. He was born at Woodstock, Ulster County, N. Y., and? was the son of the Rev. De Witt B. Wyckoff, a minister of the Dutch Reformed Church, and a grandson of the Rev. Cornelius Ws'ckoff, both of whom were graduates of Rutgers College and tha Theological Seminary. He entered Rutgers in 1SS4. but in the following spring, owing to illness, was compelled to leave.. Under the tutelage of his father he kept no with his studies, and entered the seminary In 1SSS. Soon after graduating he was called to the Bethany Chapel, in Brooklyn, and later was called to the Reformed Church at Irvington, of which he had 3ince been the pastor. He leaves a widow and two daughters. Mrs. Elizabeth Grafton, widow of Captain Joseph Grafton, died on Thursday of old age at her home, 307 Fifth Avenue, New York. Before her marriage Mrs. Grafton was a Miss Remsen, and was prominent in New York society. A BEER EIGHT ON IN MAINE. A Three Per Cent Volume of Alcohol the Dividing Line. PORTLAND. Me., April 12. Portland's "parson sheriff" won a victory today in the preliminary of what seems likely to be a long drawn out battle against light beers which are being extensively sold here as non-Intoxicating beverages, and which the sheriff believes should come under the ban of the Maine prohibitory law. There Is no statutory maximum limit "to the amount of alcohol a salable beer .may contain, but the chemists who have testified In the case now pending agree that a 3 per cent volume of alcohol Is a reasonable dividing line between Intoxicating, and non-intoxicating beverages. Four brands of beer were seized in great quantities by order of the sheriff. Three of them were found to contain less than 3 per cent of alcohol, and at the suggestion of the county attorney the warrants relating to those beers were not pressed. The trial Just finished In the municipal court was a putting to the test of the question of whether a special brand of beer brewed by a New Hampshire company for the Maine trade and labeled "non-intoxicating hop" is Intoxicating. Three chemists found In samples sent to them more than 3 per cent volume of alcohol. A Boston chemist employed by the defendants found In a sample snt to him 3:13 per cent of alcohol, but he says a secondary fermentation had set In and he was convinced that when put on the market the beer was under 3 per cent. Six saloon keepers testified that they bad never known an instance of intoxication resulting from drinking the beer. Judge Hill round the respondents guilty and condemned the beer in question. Tho case will now be fought In the Superior Court, to which tribunal the respondent have appealed.
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