The Brooklyn Daily Eagle from Brooklyn, New York • Page 3

"1 THE BROOKLYN DATLY EAGLE. KEW YOBK WEDNESDAY, MARCH 1, 1899. 8 GENERAL LEE CALLS ON GOMEZ. MISCELLANEOUS BARON HERSCHELL DIES SUDDENLY IN WASHINGTON MAJORITYSWALLOWS GORMAN'S ARMY BILL WALLACE WINS AT ALBANY. His Law Protecting South Side Streams Will Not Be Repealed.

SENATOR FORD'S SUGGESTION. of Hempstead, as well as Individuals, can go I into court and if It proves actual damage I the city is liable; unless the repealing act otherwise stated." Water Commissioner Moffett, who spoke next, said: "This act contains contradictory penalty provisions, one of them positively directing that the diversion shall be discontinued, while another makes provision for a continued diversion upon certain payments. It has been so worded that it only affects the County of Nassau, as the streams within the Counties of New York. Westchester. Kings and tho; new County of Queens lie within the limits of an Incorporated city, although a similar clnlm for damages could here as properly be made.

If this bill had been passed in the interests of navigation generally, it should not have been specifically drawn so as to limit its application to the streams within the X' 1 ui uiunc, uul it suuoio jiuvc been so wordeil as to apply to all such dtreams wunin tne state limits. If the bill had been general in Its scope, it would have been pos sible. and with equal justice, to insist upon the dredging of the Bronx River In the old City of New York, and also of several other streams within the Counties of Kings and Queens, which are of as much, if not greater importance, than those referred to in the act. Mr. Moffett then explained the actual and theoretical effect of diversion of fresh water "Tom tidal streams, and continued: "Taking Freeport Creek as one typical of those affected by the act.

the repeal of which is now requested, the actual measurements show that the velocity of the fresh water stream at the head of the creek reaches about 10 of a foot per second, or sufficient to readily move fine uaud, and that its usual veloc ity at points farther up is always sufficient to move silt; while the mean velocity of the tide mannerisms and giving full play to the be meaaured at the ordinary width of the stream witching heroine of Shakspeare. Other Rosa ns at present maintained, is much less and linds there are. some, perhaps, more finished Insufficient to move any of the material on dralnatlc impersoIlations. but Brooklyn has the bottom, but sufficient at certain points in i the channel, to continue to hold in suspension seldom had the opportunity of seeing a more the fine silt which has been gathered by wave satisfactory presentation of the play than action in tne lower bay. These two bodies that In which Julia Marlowe appeared last of water, the fresh and the salt, meeting at i evening.

This is due to the fact that the the head of tide water of this creek, the for mer having a volume at periods of maximum port was cM1 an1 lhe balance W3a flow not quite equal to that carried in by the I maintained throughout. John Blair was a tide, produce a backing up of the fresh water i manly, vigorous Orlando, who did not present with a complete loss of velocity and a corre an' startling contradictions of character dur Without Change the Republicans Report Favorably on the Minority's Measure. CANAL RIDER IS DEFEATED. House Committee Rejects All Senate Amendments to the River and Harbor Bill. agic oureau.

608 Fourteenth street, Washington, D. March 1 At a rather stormy meeting of the House committee on military affairs this morning Chairman Hull and his Republican associates decided to swallow the Senate Army bill with the Gorman amendment and other features Insisted on by the minority. The measure was reported favorably to the House with but a single change, the vote being 10 to 3, two Democrats. Messrs. Hav and Jett going with the 'Republicans in favor of the measure.

Chairman Hull will endeavor to have the bill passed by the House to day, intending to ask for a suspension of tho rules while it may be adopted. If he Is unable to get it up to day the bill will be considered to morrow. Although Chatrman Hull makes no secret of the fact that the Army bill i5 distasteful to him and does not In any way represent his views he has determined to push it through the House with practically no change. The decision of the military committee to favorably report the Senate bill without alteration was not reache.l without a struggle. Several members were bitterly opposed to It and presented a number of proposed amendments.

Chairman Hull and his Re publican associates stood together, however. and voted thorn all down. Mr. Hull explained to the committee that the Army bill was in a very precarious condition and that if any amendments were insisted on It would in all probability defeat all legislation for the increase of the military establishment at this session. So strong was his plea for the bill that it was finally determined to repoTt it to the House without change.

Great interest was manifested in the meet ing of the military committee, as it was felt that a complete acceptance of the Senate bill largely if not entirely removed the chance i nf ovM eotnn At the outset of the meeting Mr. Griffin of Wisconsin moved an amendment adding the bill for female Army nurses as an amendment to the bill. This prevailed. Mr. Marsh then withdrew, as a protest against making any amendments to the Senate bill.

His retirement led to a reconsideration, and after the Nurse amendment was withdrawn Mr. Marsh rejoined the committee. i i spondlng precipitation of the greater portion of the snsnpmlprt mmprifll whifh Is fnrthnr Proper Relief to Be Given the Bay Men and Pending Suits for Penalties to Be "Withdrawn. (Special to the Eagle.) Albany, N. March 1 There was an i terestlng hearing before the Senate comm.t tee on commerce and navigation over the repeal of the Wallace bill in relation to the dredging of streams on the south side of Long Island, the waters of which are diverted for the Brooklyn water supply.

Senator La Roche's bill to repeal the act. prepared in the Brooklyn end of the Corporation Counsel's office, will not be passed. Even Senator La Roche has abandoned it. Ho says the people on Long Island are entitled to protection and steps should be taken to dredge the streams at the city's expense. He thinks about S5.000 a year would do It.

Ex Assemblyman Wallace appeared in opposition to the repeal of his act and Assistant Corporation Counsel Carr and Water Commissioner Moffett appeared for the bill. Mr. Wallace was given the first Inning on the measure. He said: "I admit the bill of last year is somewhat drastic, but It it is repealed it will be manifestly unjust to the Town of Hempstead. The authorities of that town are not grabbing for unfair advantage they want what is Just.

If the city will Improve these creeks they will release the city from all claims for penalties." 5 "How much will the work cost?" asked Senator Ford. "Not more than $50,000 the first year," was the reply, "and $5,000 each year thereafter." Continuing Mr. Wallace said: "The act of IS9S wu3 intended to secure justice, or at least partial justice, to the people who have suffered greatly from the evils arising from being deprived of their natural water supply. Individual owners of land are protected by previous statutes, as well as by the common law, against the encroachment of others, but it has been demonstrated, or at least claimed, in recent years that there was law iu existence which would protect a community from the loss of its water supply, there being no individual owner of the water or any part of it, no one vno could come to the front in the name of tne community and seek the protection of our mis. unto suagui lu uuxidiu liu ue feet by authorizing a town or village, through I its chief officer, to apply to the courts for the i protection ot me people or mat town or i village.

Mr. Wallace refuted the charge that the act had been put through the Legislature without proper consideration, by giving a history of its int. duction and the hearings on it by committer of both houses. Then he said: 'This committee can readily see that the act uue always urmgs wiiu it a certain quantity of soot or sediment which the fallen tide is too weak to carry out again. Nature's fresh water streams come to the rescue and at low water the out flowing fresh water carries this sediment back Into the bay and thus keeps the creeks open for navigation.

For example: A few years ago heavily ladened sloops and schooners came up Freeport Creek: they do not come now. The loss of the fresh water has decreased the depth of the creek from eleven to eighteen inches, varying at different points. The vessels referred to re quired, of course, all the water which natur I I more haotened by the fact that the suspended without difficulty. His Interview with his material will settle in salt water in about elder brother at the opening of the first act 1 15 to 1 20 of the time that would ne re i was an exceptionally fine piece of work. The quired in fresh.

With extreme tldej. a bene i wrestling scene was in keeping with the rest icial scouring action is exerted by the ebb, of the nerformanee, realistic, ye! not in the appreciably felt for some distance above the slightest degree exaggerated. James Cooper mouth of the creek and diminishing toward deserves commendation for his Touchstone, the junction of the various branches at the anf' Dodson L. Mitchell as Adam. Byron Ong head.

thus again showing that the greatest I ley as William and F. Colfax as the wrestler benefit is derived from tidal action." were seen to advantage. William Harcourt "If this law be enforced, the city will be was a fine acquis, and T. A. Hall and Bectoa compelled either to pay excessive damages.

Radford did good work as the Duke and Fred amounting for these five streams to nearly respectively. The acting of the women $100,000 per annum, or to dredge the same for members of the company other than Miss their full width, varying from 20 feet to Marlowe aided considerably in making' the feet, and for distances ranging from mile presentation a success. Miss N'orab Lamison and a quarter to two miles, the cost of which was charming as Celia. Miss' Elizabeth French would probably aggregate from 000 to I was natural Plieb and Miss Hatherino 5100,000. It will, therefore be seen that the I Wilson made lhe very most of the part of requirements of the act seriously affect the Audrey and was generously applauded.

Thi3 interests of the city and the repeal is now afternoon and evening "The Countess Vales asked on the ground that the city is unjustly I ka" will be given by the company. "As You held responsible for the alleged conditions and Like It" will be repeated on Thursday and that, to comply with the provisions of the i Friday evenings, and "Ingomar" will bo th law. the city would be subject to large and bill for Saturday afternoon and evening, unjust annual cost. It is possible, however. that by the diversion of the fresh water there i GEAND OPERA HOUSE.

has been a shoaling through a short distance nt the onrl fhn rreek and through the: Probably no greater crowd ever gathered Messrs. Hay and Lentz (Democrat! soueht i i'' uuaLiueu. uyaim i iiiuLrjLtj sougnt. i men an(i 0tner fishermen who come in and to secure amendments, but without success. out of the tidewater creeks on the south side Mr.

Cox (Dem.) finally moved to report the i of Long Island. They and their fathers be bili to the House with recommendation This i fore them used these creeks. According to was In turn amended to a report in favor of Published by the Commissioner of ho clty Works of Brooklyn, more than 40,000,000 the Senate bill on which the vote was. yeas, gallons daily of fresh water aro diverted from Hull, Marsh, Griffith, Kelchum, Fenton, Bel their course to the City of Brooklyn. This knap, McDonald, Sulzer.

Cox and Jett 10. water would otherwise flow through these Nays, Brownlow, Lentz. Hay 3. Chairman i tidewater creeks into the bay. The incoming General Brooke Also Calls, but Finds Cuban Leader Absent.

Havana, March 1 General Maximo Gomez, yesterday, visited tho graves of General Antonio Maeco and of Lieutenant Gomez, the son of the Cuban commander, who was killed at the Mine Macco was drawn into an ambush and slain. Tho graves are situated at Puuta Brava, twelve miles from this city. General Fltzhutrh Lee called informally on General Gomez at Quinta yesterday. They exchanged greetings. Governor General Brooke, accompanied by the members of his staff, also called upon General Gomez, but the Cuban commander was absent at Punta Brava.

TORNADO IN MISSISSIPPI. Several Persons Killed and Many Made Homeless. Memphis, March 1 Specials from Yazoo City, bring details of a tornado which passed over that district Saturday night. Nearly one hundred people were made homeless by the storm and the losses to property will reach thousands of dollars. Two persons were killed and at least half a dozen fatally injured.

Committees have been organized to care for the injured. Mr. and Mrs. Hamilton, together with tnelr son, daughter in law and two cnnaren, were carried bodilv a distance of 300 yards by tho wind. Hamilton and his wife were so badly injured that they died shortly afterward.

Mrs. Devine. 78 vears old. was fatally lnjurea. Much suffering is reported.

The force of the wind was terrific and horses, cattle and fowls were killed in large numbers. SOUGHT EVIDENCE IN CEMETERY. Frenchman's Unique "Way of Proving His Right to a Fortune. St. Louis, March 1 M.

Jean de Ribotot Corbel Seine et Oise, near Paris, France, has concluded a two weeks visit in Cahokia, an old French settlement Aiear this city, and departed for New York, whence he will take steamer for his native land. During the two weeks that Ribot spent in Cahokia he visited the famous old graveyard there dally, and spent much time about the tombstones, many of which are over a century old, making pho tographs and collecting data which will be introduced into court to establish his right, by inheritance, to a large tract of land and much valuable property in France. The property involved is said to be worth over $500,000. The title of tie property in question dates back almost one hundred years. He will endeavor to prove that his grandfather lived and died in Cahokia, leaving him heir to a large estate in France now held by others.

THE FLATBUSH AVENUE SPUR. "Work Progressing Favorably No Long Island Trains to Cross the Bridge. Work was begun Monday by the Brooklyn Elevated Railroad on its portion of the work that will bring about the connection with the Long Island Railroad at Flatbush avenue and by which elevated trains are to be operated as far as Jamaica. Since the dismissal of the taxpayers' injunction against this connection the Long Island Railroad people have been pushing their portion of the work for ward, and it is now said by the officials thatj the new route will be in operation early in April next. The officials oE the two roads interested in this connection are exceedingly indignant over the false statements that have been made in regard to the purposes of these connections.

It has been repeatedly said in the public prints that It was intended to operate Long Island Railroad trains across the bridge by this connection, ani Commissioner of Bridges John L. Shea has been appealed to in order that he might exercise his authority and stop this, unless the Long Island Railroad entered into an agreement with the city authorities and agreed to pay for the privilege. It Is declared most positively by the officials of both companies that there is no intention of running Long Island Railroad trains over the bridge. Although the officials of the two companies expect that the elevated company's bridge connection will be of great value to the Long Island Railroad by virtue of this Flatbush avenue connection, and its passengers will be carried across the bridge, the plans are to have them taken to the Sands street terminal of the elevated road, where they will be trans ferred to the bridge cars. This will give the traveling puoilc or Long Island a much better connection with Manhattan than the present route via Long Island City and the Thirty fourth Street Ferry, and by taking the elevated caTS at Jamaica and then to and over the bridge, a considerable saving in time will be made, especially for those going downtown in Manhattan.

The cars running from Jamaica, however, will not cross the bridge. After reaching the elevated structure by way of the Flatbush avenue connection they will pass around the loop at Sands street, and passengers will be obliged to change to the bridge cars. This will be done, it is intended, without any extra cnarge or increase in tne rare from Jamaica. Officials of the railroad say it would be impossible to run Long Island trains over the bridge in the period when this would be most useful, as in the rush hours the bridge railroad is utilized to its full capacity and more trains would make it extremely dangerous. The changes at the Flatbush avenue station begun by the Brooklyn Elevated Company are comparatively insignificant and will be ready in time for the operation of the new route in April.

The most important change will be the moving of the station leading to the street some 100 feet nearer Fulton street, the erection of a signal tower and the necessary switches. OBITUARY. Rev. Chas. Aldis Wenman died at his home, 436 Macon street, Monday, from the effect of a paralytic stroke sustained last November.

He was a native of Brooklyn, born fifty eight years ago, and a graduate of the General Theological Seminary. His first charge was as assistant rector of Grace Episcopal Church on the Heights. For the past sixteen years he had been chaplain at Hart's, Randall's and Ward's Islands. Mrs. H.

V. Monahan died at an early hour this morning at her home, 647 Tenth street. Mrs. Monahan was a from an incurable disease, and it was only through the efforts of the physicians who attended her and the exceptional care bestowed upon the patient that her life was prolonged until this morning. Mrs.

Monahan was prominent in church work, and her many charitable acts, performed not with an ostentatious display, but rather in a quiet and gentle manner, can be attested to by many poor families In South Brooklyn. She was a regular attendant at St. Thomas Aquinas' Church. The funeral will take place from her late residence, 647 Tenth street, on Friday morning at 9:30 oclock. From there the cortege will proceed to the Church of St.

Thomas Aquinas, corner of Fourth avenue and Ninth street! where a solemn requiem mass will be offered! The interment will be in Holy Croes Cemetery. Mrs. Monahan's husband and two sons survive her. Mrs. Emily Margaret Osborn, wife of Edward M.

Osborn, died on Monday at her home, 31 Cambridge place, after a protracted illness! Mrs. Osborn was well known for her charitable work In connection with the Brooklvn M.i. ternlty, where she had been chairman of the I executive committee aiso one of the Training School committee for many years, She was actively interested in a number of other charities. Mrs. Osborn was born in Manhattan, but came to Brooklyn shortly af i ter her marriage to Mr.

Osborn. and has lived thirty years In this borough. Her hti3band, two sons and a daughter survive her. The Rav. I Charles W.

Homer, rector of St. James Epis copal Church, with which Mrs. Osborn had long been connected, will conduct the funeral services at her late home this afternoon, at i 4:30 o'clock. i Mrs. Sophia Teal, wife of Thomas C.

Teal, the latter a veteran of the Sepoy Rebellion' died at her home, 429 Throop avenue, Monday. of paralysis, after an illness of three years, i Mrs. Teal was born in England, but came to this country with her husband and had lived in the Twenty third Ward for thirty years. I She leaves a husband and two daughters, one the wife of Eugene Flandreau, cashier of the Brooklyn Savings Bank. Her husband has been connected with the Brooklyn Elevated Railroad since its organization.

The funeral will take place to morrow at 3 P. from her late home. 99 (Hsaeaeoaaaeseaaeseeaae IWILLIAM Diamonds Have Advanced in Price 15 Per Cent. in the past fv months. Our prices arc tho same.

Only tho finest quality. Flatbush Av and Fulton St. THEATERS LAST NIGHT. Julia Marlowe as Rosalind, Andrew Mack in "The Ragged Earl" and the Bavarian Peasants. It was a charming performance of "As Yon Like It" which was given by Julia Marlowa and the members of her company at the Mon tauk Theater last evening.

Miss Marlowe' Rosalind is a spontaneous and perfectly un forced creation, free from affectations and simutss. jci ouu veyed the idea of the strength of bis passion in Elm place than that which surged about the box office and storm door of the Grand Opera House last night. Everv seat in tho theater was taken, the boxes were full, the lobbies were almost entirely filled with women content with "standing room only" places, and the vestibule was jammed until there was prospect of a panic. Long after Manager Dietz announced that there were no more places to be had men and women waited hoping that some purchaser of a seat might not appear and that a place might be secured. Tile fact that there was no performance on Monday night had added another element to the crowd that desired to seo Andrew Mack in his new play, and it Is safe to say that the business for the remainder of the week will be at least satisfactory.

"The Ragged Earl," which was first staged in Manhattan this season and had a very satisfactory run, is or the order of Irish dramas written to fit the actor. It foilows much tho lines laid down in Boucieauli'n "Sbaughraun," the pioneer of this character of drama, even to the inevitable ruin. It Is laid in the last century, however, and gives wide scope for tho introduction of brilliant costumes and stately walk and dances. Mr. Mack showed the effect of his late bereavement in voice and actions, but met with a very warm reception.

The play hus been handsomely staged and the scenery received the active appreciation of the audience. Mr. Mack's support, while weak in spots, was generally good. THE AMPHION. The Bavarian Peasant Company changed Its bill last evening to "Almen.

uuscb und Edelweiss (the names of two mountain flowers) and scored another success. There was a largo sized audience and much enthusiasm was manifested by the Gorman contingent. Like all of the plays in its repertoire, tho one presented last evening depleted "the Ufa ami customs of the simple peasants in the Bavarian mountains and affords many oppor tuntk's for the introduction of national songs and dances. There is refreshing novelty and naturalness in I ho work of tho Bauern and the atmosphere of the plays. This even ing "I'rozesshansl" (Tho Litigant) will be presented.

LOCAL LITIGATIONS. Cases of Interest Just Decided by th Court of Appenls. to the Kaclo. I Albany, N. March I The Court of An peals has handed down a decision in the case of Jane Wells, in ho.

suit against the City of jklyn. dismissing the appeal from dor reversing a lament for tho city and directing a new trial. Tho plaintiff claims to havo been injurvd by a show cast falling on her while walking on Grand street. Tho trial term, when the action was fu st tried, decidpd against her. hut the appellate division reversal the judgment arid ordered a new trial.

Tho city was ajsain victorious and finally the case wont, to the Court of Appenls. The amount of damages clninn'J is The Court of Appeals aflifmed tho of tho appellate division, affirming the order of the special term, denying Augustus C. Tate's motion for a peremptory writ nf mandamus to compel William Onlton. the Tammany Commissioner of Water Supply, to reinstate him In thf position of Water Registrar in the borough of Brooklyn. Tho appellate division belli unanimously that Major Tale, who Is a veteran, was i.nnroperlv re move! and was cntitlrd to reinstatement, but that nis remedy was not by mandamus, but i atUon, oi 1uo Major Tate n'11 5 originally appoint to the office by I ommlssloner city orks Alired T.

White. 'ne ion of Brooklyn to New orK ll'. was LrunsitTroil to the Depart moat ot Water Mipply. To protect himself Major Tate notified Commissioner Dulton that he was a veteran and he was permitted to servo in the Department of Water Supply as Water Registrar for the borough of Brooklyn until April V. 1MS, when ho was discharged without cause.

The Commissioner eontended that the office is a confidential one and that he had right to use his discretion: tnat the Major's term of oliice was at the pleasure of the appointing power: that he was a public and that the provisiur.is of tho veteran act do uoi apply to him. In the case of llliott .1. Smith against Will I inm I coll. to recover Ss.c.no for alleged services ir: procuring a purchaser for 220 acres of defendant's property in Suffolk Cjunly. the ('curt of Appeals the dismissal of tho complaint.

Judgment is I with costs in te case of the Riich's Washing Process Company against. Mi hael The action was to recover dii defendant, a tire jklyn brewer, the alleged unpaid balanc o. purchas" price of by plaintiff under written contra In the case of the People ox rel W. R. Fleming, appellant, aitainsi W.

Dalton. the Court of Appeals reverses tho order nf the appellate division, at'd affirms thnt the special term. The appeal was to i.b'aia reinstatement in Dalton's employ its foreman of ICastern District repair yard, i lepartme.u Water Supply. Hrcoklyn. ALMIDA REPORTED MISSING.

London. March 1 The Llrilish steamer Altr.l.la Hamburg, via 3hi net ember li. for New Y(. rk. and not lKr.rd of since passing Dio.oet Ilea.

I. i De ember 21, has been posted at Licyus as missing. Postal Regulations Are something on which a great many persons are not posted. Get the Eagle Almanac You will find other interesting bits of information in it. Price 25 cents.

si "fe 8888 KSfcSSS S2SSSSS2SSSS2SSgSS.S8SS32g2SSSS8Si83 REBELS CONSTRUCTING EARTHWORKS FOR GUNS, They Are Active at Caloocan and Malabon and Evidently Intend to Mount Battery. SLIGHT SKIRMISH TO DAY. The Usual Desultory Firing Occurred Last Evening Situation Generally Unchanged Manila, March 14:55 P. M. The rebels are very active at Caloocan and Malabon.

They evidently Intend to mount a battery in front of the Malabon church destroyed by the fire of the United States monitor Monadnock on February 27. They can' be seen throwing up earth works for guns and epaulements. There was the usual desultory firing yesterday evening and to day, but the only casualty reported is in the case of private Harold Parks, Company California Volunteers. The Nebraska volunteers at the reservoir had a slight brush with a small body of the enemy this morning. The rebels scattered into the jungle after tie first volley.

The United States transport Tacoma has arrived here without the loss of a horse or mule. The Negros commissioners have entertained several American officers and British subjects at their hotel as a return for the compliment paid to them by General Otis. They sailed tor Negros to day. The United States transport St. Paul has mbarked Colonel Smith, Major Simes, a battalion or the California Volunteers and the officers recently appointed to posts at Boilo.

Chaplain Leland of the Tennessee Volun teers died recently at Iloilo of small pox. The United States transport Arizona has ar rived here. Generally speaking, the situation is unchanged. Filipinos Claim to Hold 600 American Prisoners. London, March 1 The Filipino European Junta has received tho following dispatch from Manila, dated February 28: "The last encounters have" been real battles.

We now hold Pasig, Pateros and Guad aloupe. Our northern line has advanced to Tondo. The American losses are far larger in proportion than ours. We hold six hundred American prisoners, who will be taken into the interior. Not one of our people has surrendered and our government maintains its independence and will not yield.

"A Filipino telegram from Cebu asserts that the foreign residents have asked the insur gents to withdraw, in order to avoid a bombardment. The Filipinos have acceded, trusting that their action will be brought before the foreign consuls with the view of ar Tanging an equitable settlement with the Americans." Monterey Leaves Hong Kong for Ma nila. Washington, D. March 1 The monitor Monterey sailed to day from Hong Kong, where she has been docked, for Manila, and the gun boat Castine left Suez for Aden on her way to the Philippines. Madrid Report of American Protest Against Bios' Statements.

Madrid, March 1 The Reforma hears the Spanish government has received a dispatch from the United States protesting against the statements from Manila "by General Rios re lative to the situation there. The Carrespondencia asserts that it has received such serious news from Manila that it believes it to be its duty not to publish it until confirmed. To Protect Germans in the Philippines. Washington, D. March 1 To carry out the President's promise relative to the protection of German residents and property in the Philippines a cable dispatch has been eent to Admiral (Dewey and one to General Otis, instructing them on that point.

The published statement in certajn newspapers that the German proposition included the extension of the protection of the United States over German interests in the Samoan group it Is said at the State Department is erroneous. The German ambassador's proposition touched only the Philippines. The treaty of Berlin imposes upon the three treaty powers which undertook the government of Samoa the duty of maintaining one or more warships there at intervals, and the protocols to the treaty show that no matter what might be, the nationality of the vessel that happens to be on the station in the event of trouble she was to protect the ipterests of all three treaty powers without discrimination. That was the position taken by Captain Sturde of the British cruiser Porpoise when he same to the assistance of the American chief justice at Apia during the recent disturbances. He held that the treaty required him to protect any natlonal EVENING SCHOOL COMMITTEE.

John R. Thopmson, chairman of the committee on evening schools of the Brooklyn School Board, has assigned members of the committee as follows: Evening School No. 1, John J. P. Pagan; No.

John Hnrrigan; No. 33, John Uarrigan; No. 15. George P. Clark; No.

17. Elwin S. i'ipcr; No. IS. James F.

Bendernagei No. 22, John J. Casiiman; No. 24, Charles C. Wis: No.

33, James F. Ben doritagel; No. 40, M. Murphy, No. 45, Thomas M.

Farley; No. 84, H. A. D. Hollmann; No.

85. Thomas M. aFrloy; No. 100, M. Murphy; High School No.

1, John J. Colgan; High School No. 2, John R. Thomp Was Stricken With Heart Failure as a Result of a Recent Accident. FORMERLY A LORD CHANCELLOR He "Was a Member of High Joint Commission and a Man of Eminent Attainments.

Washington, D. March 1 Lord Her sehell, one of the high joint commissioners from Great Britain, died here at 7:30 o'clock this morning. Lord Herschell was formerly lord chancellor of Great Britain and was sent to the United States because of his eminent attainments to take a leading part in the nego tiations designed to settle all existing dif ferences between the United States and Canada. During the wintry weather when the sidewalks were slippery he fell heavily as about to get Into his carriage and broke one of the pelvic bonss. He seemed to be progress LORD ITER SC HELL.

A. Member of the Hlrjh Joint Commission, Who Died To day. ing favorably toward recovery and was fn gc od health comparatively until about 7 o'clock this morning when he was suddenly stricken with heart failure. Dr. W.

W. Johnston was summoned and responded at once. He saw at a glance that the case was a desperate one and called Dr. Maddox In consultation. The two doctors, two nurses and Lord Herschell's two secretaries, W.

C. Cartwright and Medworth Williamson, were with him when he died a halt hour later. The United States Supreme Court to day adjourned upon the announcement of the death of Lord Herschell. Farrar Herschell, first baron of that name, was born November 2, 1837. He was a son of the late Rev.

Ridley Herschell of London and Helen, daughter of William Mowbray of Edinburgh. He married, in 1876, Agnes, third daughter of Edward Leigh Klndersley. They have one son and two daughters living. Baron Herschell was a Privy Councillor, a Knight Grand Cross of the Bath, doctor of civil law, doctor of laws, a deputy lieutenant for Kent and Durham, a justice of the peace, captain of Deal Castle, Chancellor of London University and was appointed British member of the Venezuela and BTltlsh Guiana boundary arbitration tribunal in 1897. He was knighted in isso and was created a peer In 18S6.

Deceased was educated at London University, where he graduated as bachelor of arts with classical honors. He became a barrister of Lincoln Inn In 1860. queen's counsel in 1872, bencher of Lincoln's Inn In 1872, record er of Carlisle from 1873 to 1880, solicitor general rrom 1880 to 1885, and was lord high chancellor in 1886 and from 1892 to 1895. In politics Baron Herschell was a Liberal and he represented the City Durham In the House of Commons from 1874 to 1875. Ho took part in the sv called round able confer ence on home rule, the first meeting of which was held in his house, and on the appointment of a royal commission to inquire into the worKing or tne Metropolitan Board of Works, Lord Herschell was unanimously elected pres ident.

In 1888. during his absence in India Baron Herschell was elected alderman on the London County Council, but he declined to fill the office. Lord Herschell was a man of small stature, of florid complexion and wore the side whiskers which are usually characteristic of tne Jingusn Darrlster after his elevation to the bench. He arrived In the United States on July 27 of last year on board the White Star Line steamer Teutonic, accompanied by nis son, iacnara fairer werscnell. as a mem ber of the joint high commission appointed to consider the questions affecting the United States and Canada.

Including fur sealing in tne Bearing ea ana tne ortn Pacific Ocean Atlantic and Pacific coast fisheries and fish eries in inland waters contiguous to the fron tiers, the determination of the Alaska Canada boundary, alien laws, the transportation of merchandise in bond through the United States and Canada, naval vessels on the lakes, the mining rights of citizens of one country within the territory of another and various questions relating to trading reciprocity. The United States were represented In the conference, which assembled first at Quebec in August last, by Mr. John W. Foster, Reciprocity Commissioner Kasson, Senators Gray and Fairbanks and the late Representative Dingley. In addition to the late Lord Herschell, the British and Canadian commissioners were Sir Wilfred Laurler.

Premier of Canada; Sir Louis Davies, Sir Richard Cartwright, Mr. Charlton, M. and Sir James Winter, Premier of Newfoundland. The Joint High Commission adjourned on February 20 of the present year, to meet at Quebec on August 2, unless the chairman of the respective commissions agreed upon another date. Substantial progress was made in the settlement and adjustment of many of the questions discussed by the commission, but the commissioners were unable to agree upon the settlement of the Alaskan boundary, a complicated and difficult problem.

The. British commissioners desired that the whole question should be referred on terms similar to those provided in the reference of the Venezuelan boundary line, and which, by providing an umpire, would, as set forth by Sir Wilfred Laurler. Insure certainty and finality. On the other hand, the United States commissioners thought the local conditions in Alaska so different that some modification of the Venezuelan boundary reference should be introduced. They were of the opinion that the reference should be made to six eminent Jurists, three chosen by each of the high contracting parties, without providing for an umpire, they believing that finality would be secured by a majority vote of the jurists so chosen.

Lord Herschell was in ill health when the Joint High Commission adjourned, and Sir I Wllfreid Laurler acted as chairman in his absence. I On February 15 Lord Herschell. while in Washington, sustained a painful injury to his left hip. through a fall on the Ice in i street. Ho was taken to hie rooms at the I Shoroham Hotel, in a carriage, and from that time on had been a sufferer, though his phy 1 slcians.

at the time of the injury, did not i fear any serious consequences. I Baron Herschell's father was born a Jew and was a native of Berlin. He went to' England when a child, was converted, and offered himself for the ministry of one of the Dissenting Churcheo. His offer was ac cepted and he was ordained, but. not being1 able quite to Identify himself with any one! special form of belief to the exclusion or others, he took up an independent position and officiated in a chape! more or less tin I attached.

He married twice. i In the summer of 18S7 Lord Herschell made I visit to this country, accompanied by Lady then went to Montreal, and from there to! I San Francisco. Although his trip to America i was stenslbly for the benefit of his health, ho devoted somo time while In San Francisco i to investigating tne production of silver in the l'aclfic Coast States, In his capacity, at that time, of chairman of the commission on i silver appointed by the British Parliament to Investigate the causes of the continued depre elation in the price of that metal. uttu auppueu, tutir nccm were almost toucn i 2, Part I. JenkB, j.

fart u. smitn. l'art in. ing bottom, the loss of a few Inches in depth 1 daynor, J. Part IV.

Maddox. J. 4,023, Rcth prohiblts their coming up the creek at all. i 'SI" ll.ro.: 1000 ti Island Railroad; 3 ellbrock vs. Inlnnd Iu lb83 when the City of Brooklyn had a bill I Railroad: 1.777.

Bitrd v. Brooklyn Heights Rail introduced authorizing the city to take this mad; 1.42.1. Carrasfe vs. N'as. au Itallroii.l 7.137.

water, I appeared before the committee in McOormtck vs. 11. r. Church; Bardor vs. i charee on hphalf of mv nelchhnr and irnpil Baulantl Company: 0.515.

vs. Metropullian cnarge on nenau oi my neignpors and warned 3.622. Ford vb. New Y. rk Con tne committee, as well as the Brooklyn au densed Milk Company; 1.S20, Barrett vs.

Hlrsh Hull conferred with Speaker Reed and said he miglit try to call up the bill to day or tomorrow. Later in the day a strong movement developed among influential members of the House to substitute the Hull bill for the Senate compromise, thus throwing the subject into conference. When General Grosvenor of Ohio ex pressed himself in favor of the plan it gained added impetus. Mr. Tawney (Minn.) said that in any event he would move to substitute the Hull bill.

In view of the sentiment developed. Chairman Hull considered the advisability of calling another meeting of the military committee, but he said at 1 o'clock that no determination in that line had been reached. Canal Amendment Defeated. The River and Harbor Committee has disa greed to all Senate amendments to the river and harbor bill. Including the Nicaragua Canal amendment.

Th committee also decided to present the bill to tho House to dayand under suspension of the rules move non concurrence with Senate and reference to conference committee. Chairman liurton says the motion to concur in Nicaragua Canal amendment is not permissible under suspension of the rules and he expresses the belief that all elements will allow the bill to go to conference. BIG MINERS' STRIKE. Beginning of What Promises to Be the Biggest "Walk Out in History of the Southwest. Little Rock March 1 Reports from the coal mining district in Western Arkansas indicate that the wholesale walk out of the miners has begun and that the biggest strike of recent years in the Southwest is on.

Both operators and miners refuse to budge an inch from the positions they havo assumed and there is no prospector a settlement in the near future. At the mines of the Choctaw, Oklahoma and Gulf Railroad, In the territory, the 1,500 union miners heretofore employed are out and their places are being filled as near as possible by 00 non union men. The contest promises to be a long and stubborn one and nothing but the advent of warm weather will lessen the severity of the strike on the general public as regards an inevitable coal famine. The strike is largely a sympathetic one. but by most of the miners it is a welcome finish light to determine the merit of the complaints I hey have long preferred against the operators and upon which they have appealed to the Arkansas Legislature for relief.

CONCERT AND LECTURE. Noteworthy Institute Events Scheduled for To morrow. Two portion where the fresh and salt waters first interminKlc. The maintenance by the city of a proper depth through this section could. with more justice, be asked, but under tho I present conditions the city Is not only required to care for the stream for its entire length and breadth, but also to improve the creeks and place them in a condition entirely different and much better than they ever were before any fresh waters had been diverted." Senator Ford, chairman of the committee, closed the hearing by saying: "I would suggest that you get together and unite on a proper amendment to the law.

I am frank to say I would not vote for the repeal of the law unless adequate relief for the persons sustaining injury was granted." "If this committee will devise some means of proper relief for your clients," said Senator LaRoche to Mr. Wallace, "would you withdraw suits now pending for penalties against the city?" "Certainly I would," replied Mr. Wallace, "and give a quit claim deed." This ended the hearing. THE COURT CALENDARS. Supreme Court.

term for motions. Ma rean. J. Kx parte business at 10 o'clock. Motion calendar called at 10:30.

Supreme Court, special term trials, day calendar, March 2. William D. Dickey, J. Nok. 1,019.

Cox vr. Brennun; 1.01S. Hoerschften vb. Hoerschgen; 333, Hopkins vs. Hopkins; 318.

Halter vs. Froth tnghum. rrlal ttrm Vft.rnh et al: c.7S:. 3,683. Hawkins vs.

rtlr.sier Kasweller vs. utnumaii; it.vA, leman vn. L.anilman 2,098. City ot Brooklyn vs. Atlantic Avenue Railroad; 4.SS0, MoCormlck vs.

Naeyau Railroad: Hands vs. Volbracht Harz vs. Van Cleef: J.515. Clyn vs. West BrlKhu.n Amusement Company: 5, Flynn vs.

McK. aiii'y; Royoe vs. Brooklyn. Queens County and Suburban (t nilroad: Varne! vs. runard Steamship any; Burke vs.

(Jon. vs. Brooklyn tlelKHts Kallroad r. and riul.nrhnn llrr.n.i "i.r.7.1. Korrls vs.

Armstrong Ma nufaeturinK Company; I Vrris vs. N. Hav en Welt Company; 5. Mo. Arkerman vs.

Hart vs. K. nna; Grisklr. vs. Mumford Dwj.t vs.

City Brooklyn; I. ir.r,. KiKgfnx vs. Nassau Railroad vs. Nassau Brooklyn Asphalt I'ompany va.

city Brooklyn; MoNally vs. Brooklyn H' iRhts r0ad 72. Firth vs. Finn. The following i auses.

if marked ready, will be held for the day. Causes will not be vet down for dries upon the rail: Nos. Ftnlrr.ln vs. Brooklyn MelKhts Railroad: Bonlleker vs. Nassau Railroad; SoeilinRn vs.

Geis; Korbcr vp. Blrdseye; Crowe vs. Petterson; Banan vs. Mark; o.iiW. Shlrden vs.

Bronk Mrlan Company; i French vs. c. raves; Oil 'omjvjny: S.73:, Wloi Railroad; Premleo, "orrle vs. Pullman; Peterson vs. nn vs.

Brooklyn Heights si vs. Husk: teek rt vs. Nassau Railroad TaKKHrl vs. Ktn sella; ti.tiv,. Murrny vs.

Hun Publishing :.73. Wallace vs. Nassau Itallronil "..734. Kany vs. Disney: vs.

City of New York; ii rr rt fiV man Company; Oorumn vs. New York and South Brooklyn Ferry: Shannon vs. Nab Railroad; l.e.er vs. hienier: Flanilra.u Wiir.s Cox; Hchtlltbels vs. praKue; Carlson vs.

Ilei: Cunnlnprham vs. vs. 57. Marx vs. Nassau Kleiner; O'Neill vs.

Sea Beach L'ind Diamond: I Clinton vs. Ilr. lssliracker non. McLean i Brooklyn HelKhts Rallro; nett svurpasslnK Coffee; Railroad: S.TSS, Gralnlck vs. Honge: 1.700.

Mcy Company 0.7'jl. Arthur bowltz vs. Gottlelb: 5. ollweller vs. Aufenan jrer; fj.SOO, Thompson vs.

P.oemerma.'i 01. Frakes vs. Schwartz: Ibert Brewing Company vs. Forster. Hlshest number reached on regular call.

W17. surropate's Court calendar 1 accounting of Seth c. Id yes for Thursday The Patrick umpbcll. Robert j. Smith, imam uunne.

i homas H. Uoter; Jmii Brady. Jan Roome (motion). William H. Dean and Robert i Murrell and David f.

neck ami David i eo? Jn rfernev. Th" n'f c.X I u. Fltohett. John Tlerney. Il'rmin Moisten iiml Mary A.

Uenrv. The administration of Mary I Mahoney The real estate of John Curran. Contested calendar at 10:30 No. the will of Ellen Neary. REFEREES APPOINTED.

By Marean. J. Co operative HulMlr.it loan A Bociatlon v. Save, actions 1. 2.

3. William A. Phortt: Sharp vs. Patterson. John F.

Brush; Church vs. White. GeorK" Ivek. teln; Butler vs. Davis.

John D. Leary: Connolly vs. Penrhyn State Cumpar.y. R. H.

BMer: McCormlrk vs. McCa. ty. C.nrK I.opti't: vs. Swallow.

Guy F. RtdKWay vs. Reilly. Michel C.ru: II. Sackman vs.

K. S. SNOW BLOCKS TRAINS. Cheyenne. March I Conditions on I the Chryemie and Northern road do not im I Pvc.

The train which left Orin Junction Sunday is stuck in the drifts a hundred miles out and cannot be lug out for days, A hlh wmfi lo drift the s. into the cuts. Delayed trains on th I'nlon I'nclfic wire extricated from the drifts last eveni. after boing snowed in for thirty six hours. The storm center was between Laramie and Rock Creek stations.

where several snow plows were sialic for hours. The winds are clearing the ground the rar.g..s. so that stock will have no trouide to get feel. IBBBSSRSSSI HEADACHE speedily cured 'uy the use of lorsford's Acid Phosphate I ako no Substitute. thoritles, that the destruction of these nav i gable creeks would be the inevitable result.

The city officials stoutly denied my conten tion. and assured the committee that they were not going to injure these creeks at all. Assuming them to be honest in their contention. I assured the committee that they were speaking without knowledge of the laws of nflturp irnvprniTiir wntoi snnnlv Tr rot 'a, i uiaituu a unci amendment to their bill requiring the city to keep these navigable creeks open to the depth at low water which then existed. The city authorities Informed the committee that they refused to accept my amendment and that It was unfair to ask the city to keep these creeks dredged out.

I replied by stating to the committee that the proposed amendment was based imon their own assertion that they would not injure the creek at all. That being the case it would cost he city nothing to keep the creeks dredeed out, as they could not be compelled to do so I unless it Wilis shown that they had reduced the depth at low water. To this no reply was pos sible on behalf of the city, and the commit 1 tee, of which Mr. Theodore Roosevelt was chairman, saw the injustice of the city's con tention and refused to put their bill through I i for them. The bill was afterward sneaked I through the Legislature, being two sections of uie omuuijii reuiKd.iiuLigu uni.

tnree cessive legislatures having refused to pass the Brooklyn bill unless the city would consent to iiiLui purine in it uor oiuLo pi uLfcuun to tn people of the south side whose water supply was being taken. "The features of the present law are not oppressive in any reapc et. I informed the committee last winter that the accumulation of yeans could be cleaned out and the creeks put into condition, to comply with this bill for a figure between $50,000 and $100,000. After the bill became a law we had an engineer go up and down these creeks and take soundings; we then had estimates made by a gentleman In the dredging business and we found that the whole work could be done for less than SoO.OOO thue you will see I had over stated the probable expense rather than under stated it. I also informed the committee that after the first cleaning out took place, a light dredge with a small crew would be suf ficlent to keep these creeks comparatively clean in compliance with the provisions of the act.

That would ccet but a small sum vpnrlv Fvprv assertion madfi rr vnn fn fnvor careiui estim itt. nat aoes tneory amount, to when st up against the actual ii 1 ur. find ovml'lnnna of hrifl.moTi ffnlnw in and out of these creeks? They could forme ly bring a boat in, and the creeks were in navigable condition in their fathers' time and as far hack a they had any knowledge or tradition, end they cannot get those boats up the creek now. All the theories of all civil engineers cannot wipe out that fact. The act 5 "Corporation Counsel Carr.

reply, said: "Th. hill Is one which will not stand the test. It Is not specific in its provisions. I'n der it the city could be compelled to dredge any creek or stream, wnetner tne city caused its shallowness or not. The injustice of the bill is ihewn by the fact that If the city i takes one gallon of water from a stream It I can be compelled to dredge the its entire length and breadth.

The bill makes the Board of Supervisors Vhe solo Judge as to what should be dredged and what should I not. be. The city, if it causes, inju is perfectly willing to repair it. but under this law the city can bo compelled to pay not only claims of the town authorities, but also every individual claim that is made against It. This 1 bill makes us dredge creeks where the mouths arc closed by the action of the waters in tho Croat Souih Bay.

is a bad bill, because it endangers the water supply of Brooklyn. which may be cut off under its provisions If the act is repealed.it will not take away the right of action in the courts. The Town I i I I i i I i i I i Two events of considerable interest will at i of repea js based upon guess work; every as tract the attention of the members of the sertion made on our part is based on expe ri Brooklyn Institute to morrow evening. In As I ence scientific principles, absolute knowledge sociation Hall Max Helnrich and Mrs. Stella Hadden Alexander will give another of the o.i uiiiini! nuiuis vuicb anu on im: innou.

neinrien part of the programme comprises twenty bari tone songs by some oi tne most famous composers, which Mr. Heinrich wiM as usual interpret to his own skill Till and harmonious accompaniment. Mrs. AIexander. a favo.

ite pupil of Professor will piay chiefly modern works including MacDowell's "Sonatii Tragica" and compositions by Templeton, Strong and Howard iirockway. The other event is the Frederick S. Lamb's lecture before the numbers of the Department of Architecture on "Art in Relation to City Life, With Spooir.l to Creater New York." "President ilarr Fe.rrce of tho department, who is especially interested in work along this lino, has invited one of tho prominent citizens of Il. ooklyn to preside. S.

J. KAVA1IAGH DEAD. (Special the Eagle.) onS Island C.it;.. Police Justice Step.n city died yesterday home. JO l'lerson si L.

March 1 Former on J. Kavanagh of this pneumonia, at his reet. Mr. Kavanagh was born in Ireland. He was years old and was elected City Clerk of this city in and four years later was elc et a member of the Hoard of Aldermen.

Ho was chosen president of that. body. He v.as elected City Judge in 18SI and served four terms in that office. I.