The watchman and southron. (Sumter, S.C.) 1881-1930, June 27, 1914, Image 6
IK 60L0IBII TREATY.
LT AN DEFENDS ARTICLE OF |
PENDING TREATY.
Negotiated During Previous Re
AdxvjlaUt ration Admin.
Wssrlngton. June 22.?Criticism of
ths proposed treaty to settle the dif?
ferences between the United States
aad Colombia over the separation of
Panama brought . formal statement
tonight from Secretary Bryan defend?
ing the clause eipresslng "sincere re?
gret" on the part of ths United States
that anything should have occurred
to mar friendly relations between the
two countries. The expression "hon?
est regret." Mr. Bryan said, was used
In the memorandum dratted during
the Twit admlalstratlon on which the
present negotiations ss Well ss those
which previously hsd failed were
Despite opposition in the senate. Mr.
Bryan was hopeful today that the
treaty would bo favorably reported
and ratified. Members of the for?
eign relations committee today ex?
pected that correspondence in the
archives of the State department
hearing on the treaty would reach the
committee Wednesday, it will be re?
ferred to a subcommittee and prob?
ably will be made public. It la said
this correspondence will show thst at
eave stage of tb negotiations with
Colombia during the Taft ad min 1st ra?
tion the United State? proposed to
submit the dispute to arbitration with
the knowledge that a vsrdlct In favor
oC Colombia would mean a Judgment
lor at least $40.000,000.
Soerstary Bryaa's statement fob
"Article of the treety now before
ths senate reads:
"Ths government of the United
States of America, wishing to put at
rent all controversies snd differences
with the Republic of Colombia aris?
ing out ef the events from which the
present situation on the Isthmus of
Panama resulted, expresses, in Its own
name and In the name of the peo?
ple of the United States, sincere re?
gret that anything should have oc
ourred to Interrupt or mar the rela
t'ons of cordial friendship that has so
long existed between ths two nations.
" Ths government of the Republic
of Colombia, in Its own name, and In
the name of the Colombian people, ac?
cepts this declaration In the full as?
surance that every obstacle to the
restoration of complete harmony be?
tween the two countries will thus dls
"In what is known ss the Dubols
memorandum mude during the Taft
administration, which presented the
basis upon which he was authorized
to negotiate a treaty, the following
language Is used:
? The government snd the people
of? the United States honestly regret
Anything should have ever occurred
to mar in an/ way ths long and sin?
cere frlendslhp thst existed for nearly
a century between Colombia and the
United States and the latter country
has for years earnestly desired to
remove the ill feeling aroused in Co?
lombia by the separation of Panama.'
"It will seem from a comparison
of ths two paragraphs that they ar<
Identical in meaning and almost Iden?
tical In language. In the Dubols
memorandum the United States 'hon?
estly regrets" am. in the pending
treaty 'the govern nent of the United
States of Amerl'A expressed in its
name snd In the name of the people
of the United states sincere regret.'
"There Is no material difference be?
tween 'honestly regrets' and 'sincerely
regrets.' Ths pending treaty uses the
Phrase, 'to Interrupt or to mar;' the
Dubols memorand'Jm used the words
to mar.' The Dubola memorandum
describee the friendship formerly ex?
isting as Sincere' while the pending
treaty describes it as 'cordial.' Hoth
refer to the 'events of 190.1.' The 1 du?
bols memorandum apenkn of 'the 111
feeling aroused In Colomt. a by the
separation of Panama;' the pending
treaty refers 'to the events from which
ths present situation on the IsthmJs
of Psnsma resulted.'
"In the pending treaty the govern?
ment of Colombia accepts this decla?
ration In the full assurance thut every
obstacls to the restoration of the com
plets harmony between the two conn
tries will thu> dlsuppeur, while the
Dubols memorandum declares that
the United States | urnestly desires to
remove the III feeling aroused In Co?
lombia by the separation of Panama.
"This comparison is made to show
that the two 'expressions of rearer
are In all essential particulars the
same."
KK.HKbS TAKK t.l /MW.
Important Railroad Center So I/cd
Cutting Off llucrta Prom PaclHc.
Bandlego, June 23.?t'uidad Ouz
man, an Importunt railroad center in
Jalisco has been captured by the Con?
stitutionalist*, according to a wireless
message from Muzatlen today. This
capture prevent i lluerta's escape from
Mexico Cl?y tv> the Pacific coast over
that loots.
VICTORY FOB RAILROADS.
TRANSCONTINENTAL LINES WIN
TEST CASE.
Petroleum Tracts Worth $700,000,.
000 Held to Belong; to Pacific In?
terests.
Washington, June 22.?Title of
transcontinental railroads to some
$700,000,000 worth of petroleum
land, as against other private claim?
ants, was upheld today by the su?
preme court in a test case brought by
Edmund Burke of California against
the Southern Pacific Railroad com?
pany. At the same time Justice Van
deventer, for the court, stated that
seemingly the government's right to
attack the railroad's title for fraud
or error had expired in 1900 or 1901.
It was made plain, however, that the
government's rights were not involved
in the case before the court, and
there was no mention of the recent
suit brought by the government
against the Southern Pacific to re?
gain the lands In question.
Government officials after the de?
cision said they would press the suit.
Since the government began to
grant lands to transcontinental rail?
roads in 1866, every patent issued
to the roads has contained a reserva?
tion of exception to the effect that
lands in the patent later found to be
mineral lands should not pass to the j
railroads. Such a reservatton was
contained In patents issued to the
Southern Pacific for California lands,
in later years found to be rich with
oil. Burke claimed the land did not
pass to the railroad and sought to
enter It as mineral land.
The court held that the land of?
fice officials could not perform their
duty, imposed on them by congress,
of not patenting mineral lands, by
merely Inserting the reservation or
exception. It held the officials were
bound to determine whether the lands
were mineral before issuing the pat?
ent, and that the patents were bind?
ing unless procured by fraud or er?
ror. Justice Vandeventer stated that
the patents were issued in 1894 and
apparently the government had not
proceeded to set up any claim of
fraud in obtaining them before that
time, although the railroads had pre?
sented an affidavit that the lands were
non-mineral. therefore, he added,
seemingly the right to make the at?
tack had expired In 1900 or 1901.
WOULD RETIRE JUDGE SPEER.
BUI Will Be Introduced In House
llavlng Judge Speer** Retirement as
Its Object.
Washington, June 23.?The pro?
posal has been made among the mem?
bers of the bouse judiciary committee
to retire Judge Speer, of Georgia, by
a bill to be introduced in the house
governing hit, case. The proposed law
will provide that a Federal Judge
who has served continuously for
twenty-five years may be retired at
his own discretion. The hill will he
Introduced shortly.
RECOGNIZES C< > N FE DEBATE
VETERANS.
All CIvU War Veterans Eligible to
Postmasters! dps.
Washington, June 23.?For the
first time In its history the senate to?
day took cognisance of the Confeder?
ate veterans and passed a resolution
offered by Senator Smith of Georgia,
providing all veterans of the civil war
'whether federal or of the confeder?
ate army" shall be eligible to ap?
pointment to fourth class postmaster
ships without any age limit.
NAME OF "GAILLARD CUT* AP?
PROVED.
President Wilson Favors Suggestion
to Honor Memory of Carollidjtli.
Washington, June 22.?President
Wilsen today approved the sugges?
tion laid before him by Congressman
David K. Flnley. In behalf of the Fed?
eration of Women's Clubs in South
Carolina that tho name of Culebra
cut In Panama Canal, bo changed
to Gaillard Cut in honor of the late
Lieut. Col. 1>. I). Gaillard. who died
from overwork in achieving his his?
toric triumph. After his interview
with tho chkf executive Mr. Finley
sal.I he felt quite satisfied that the
desired change would be made.
CASHIER ACCUSED OF THEFT.
Robert Woods of Defunct Bank
Charged with Emhrtzlcmcnt of
$30,000.
Athens, Ga., Juno II.?Robert
Woods, eashier of the Citizens* Hank?
ing and Trust company, which turn?
ed Its business over to the State
treasurer several weeks ago today was
put under a heavy bond to answer to
the ehargo of embezzlement. The ex?
aminers report shows a Shortage of
$30,000.
^rvin Shaw, a son of Mr. 1>. C,
Shaw of this city, came third In the
automobile races at Florence yester?
day. He was running his car "Septem?
ber Morn."
REPORT OF SPEER COMMITTEE
COMMITTEE DOES NOT RECOM?
MEND AN ACQUITTAL DR IM
PEACHMENT OF AC
CUSED JURIST.
Investigating Committee Makes Ma?
jority and Minority Kci>ort?Says
There Is No Doubt That Judge Used
Officv to Attain Ills Own Ends, but
Not to a Suflleient Extent for Im?
peachment.
Washington, June 23.?Finding the
evidence insufficient to impeach, but
severely criticising the jurist on a
number of official acts, the special
subcommittee of the house judiciary
named to investigate charges against
Judge Emery Speer, of the Southern
District of Georgia, made its report
today. The majority report is signed
by Representatives Webb of North
Carolina, and Fitz Henry, of Illinois.
Democrats. Representative Volstead
of Minnesota, Republican, filed an in?
dividual report exonerating the Geor?
gia judge and objecting to many of
the criticisms made by Webb and Fitz
Henry.
"The subcommittee regrets its in?
ability to recommend either a com?
plete acquittal of Judge Speer of all
culpability so far as these charges
are concerned, on the one hand, or an
impeachment on the other," says the
majority report. "We are persuad?
ed that the competent legal evidence
at hand is not sufficient to procure a
conviction at the hands of the senate.
But the subcommitee docs feel that
the record presents a series of legal
oppressions and shows an abuse of
judicial discretion which, though fall?
ing short of impeachable offenses, de?
mand condemnation and criticism.
"If Judge Speer's judicial acts in
the future are marked by the rigor?
ous and inflexible harshness shown by
this record, these charges hang as a
portentous cloud over his court, im?
pairing his usefulness,'impeding the
adndnistration of justico and en?
dangering the integrity of American
institutions."
Notwithstanding disapproval of
many of Judge Speer's acts, the ma?
jority of the subcommittee recom?
mends "that no further proceedings
he had with reference to II. Resolu?
tion No. 234."
The report was made to the full
judiciary committee and Its adoption
by the committee and the house will
end the Impeachment case.
The investigating committee find.,
that "there has been an utter lack of
harmony between the judge and the
bar of the district, as well as the
people * * * There has been an ab?
solute want of effort on the part of
the court to make the people of that
district feel that their federal court
was the bulwark of their liberties, but
rather a disposition has been evident
on the part of the judge to punish
those who were unfortunate enough
to be brought into his court on civil
as well as criminal matters.
"An examination of the record In
this case is suggestive of the fact that
early in his Judicial career Judge
Speer ascertained the limit to which
he could go before liability to Im?
peachment for official conduct would
accrue and went as close to the line
upon many occasions as safety would
permit."
In a summary of Judgo Speer's
court methods the report says that
Judge Speer has used with tremen?
dous effect upon Juries the right to
sum up the facts In a case. "It was
rare, indeed, that a jury was permit?
ted to return a verdict contrary to
his wishes, regardless of the facts,"
says the report, referring to Speer as
a man of "Literary attainments, ora?
torical ability and keen intellect."
The committee says that It seems
Incredible that the famous Huff case,
involving a largo Georgia estate,
should have been permitted to drag
ulong for so many years in Speer's
court.
That Judge Speer has allowed his
friends liberal fees In bankruptcy
cases, the report says, cannot be ques?
tioned. However, the report says
charges nave not been sustained that
Judge Speer was guilty of unlawful
and corrupt conduct in cases wherein
hlS son-in-law had a contingent fee.
The report also says that the fol?
lowing charges have not been sustain?
ed to the extent that they should be
made articles of Impeachment:
That he has abused his official pow?
er by using court officials us private
:;? rvants.
That he was guilty of oppressive
and corrupt Conduct In allowing the
dissipation of the assets of bankrupt
estates. The committee says, how?
ever, that tin dissipation of estates in
certain cases lias been "deplorable."
That there have been corrupt
abuses of orders in appointing receiv?
ers without notice or just cause.
It Is stated that the circuit COUrl
of appeals has found it necessary to
CtUlclse Judge Speer for reckless is?
suance of in June tl< ns.
The majority report sets out that
other Charges declared unsustnined to
the extent of justifying Impeachment
imiiidc:
That Judge Speer uses drugs ex
TRAGEDY IK SUBWAY.
FIFTY MEN CRA SHED TO DEATH i
IN BROOKLYN.
Half a Block Caved in Burying
Workmen Beneath Brick, stone,
Concrete and Earth?Worst Acci?
dent In History of Subway Con?
struction.
New York, June 23.?Fifty men
were burled alive today under the col?
lapsed walls of the excavation for the
new Fourth Avenue subway at
Seventy-Sixth Street and'Fourth Ave?
nue, Brooklyn. Ambulances, police
and firemen were rushed to the scene
within a half hour three bodies were
recovered. Four others were taken
out mortally injured. All were badly
crushed.
The cavein extended for a half
block t.nd was the worst in the his?
tory of subway construction In
Greater New York.
The victims were working under
the sidewalks when the structure gave
way, sending earth, concrete, bricks
and stone crashing upon their bodies.
Not As Bad as Reported.
New York, June 23.?Later inves?
tigation of the subway accident show
that thirty-two men were trapped in
the collapse of the Brooklyn Subway.
It If believed that at least five are
dead.
FOUR DYNAMITERS COMMUTED.
President Wilson Grants Clemency to
Convicted Iron Workers Officials.
Washington, June 24.?President
Wilson today commuted the sentences
of four of the Indianapolis Iron
Workers' officials who were convict?
ed of dynamiting. Other sentences
were allowed to stand. The names
of those receiving clemency will be
withheld until a conference with the
attorney general.
The president held that the sen?
tences should be carried out imme?
diately on John Barry and Paul Mor?
ris but his decision as to executive
clemency in the case of these two
men were reserved for cosnideration
by ^separate petitions Applications
for clemency on behalf of eighteen
others was denied.
Dynamit eis Released Immediately.
Washington, June 24.?President
Wilson today commuted the sentences
of Michael Hannan, Frank Painter,
Fred Mooney and William Shupe, four
of the dynamiters, convicted at In?
dianapolis in connection with the out?
rages committed by the International
Association of Bridge and Structural
Iron Workers The president decided
that the sentences of these four who
are now serving time shall expire im?
mediately.
MANCHESTER. N. II., FIRE.
Business Section Damaged a Half
Million.
Manchester, N. II., June 24.?A half
million dollar lire swept the business
sections of this city this morning.
The Orrlnton, Newman and Chester
hotels were threatened, sending the
guests into the street. Five firemen
Svere badly burned.
STORM DAMAGES MILWAUKEE.
One Man Killed, Several Injured and
Much I*roperty Destroyed.
Milwaukee, June 24.?Harvey John?
son was killed and several others in?
jured In a terrific storm this morn?
ing. Many houses were struck by
lightning and there was considerable
property damaged.
cesslvely. The evidence on this point
is declared quite insufficient.
That he used court funds for per?
sonal uses.
That he has disregarded mandates
of the court of appeals.
That he. has allowed improper court
cos'i. although it is stated he has been
more or less indiscreet in matters of
this character*
Tiiat he was guilty of unlawful
and oppressive conduct for private
ends.
That he unlawfully seized and sold
property.
The committee also declares not
sustained the charge that he attempt?
ed to bribe officers appointed to act as
custodians.
The majority of the subcommittee
in it., conclusions, however, says:
"The record details a largo num?
ber of Official acts on the part of
Judge Speer which arc in themselves
legal, yet, when taken together, de?
velop into a system tending to ap?
proach a condition of tryanny and op?
pression. There lias been an Inequi?
table exercise of Judicial discretion,
many instances of Which have been
frequently criticised where tho cases
in which they were committed have
been reviewed by the courts of appeal,
whlb in others litigants were unable,
llnai dally, to prosecute appeals.
"That the power of the court has
been exercised in o despotic and au?
tocratic manner by the judge cannot
be qu< si loned."
NO FONDS FOR MILITIA.
SOUTH CAROLINA REQUISITIONS
ARE REJECTED.
War Department Withholds Aid
Pending Adjustment of Claims for
Lost Property and Mustering out of
Inefficient Companies.
Columbia, June 24.?Yesterday 1
there was received at the office of the
adjutant general the following from
Gen. A. L. Mills, chief of the division
of militia affairs, United States war
department:
"To the Adjutant General of South
Carolina:
"In a letter dated June 16, 1914,
the secretary of war advises the gov?
ernor of South Carolina, as follows:
" 'Referring to your requisition of
May 11, 1914, for ordnance and quar?
termaster supplies for the use of the
organized militia of your State, I re?
gret to inform you that in view of the
failure of the authorities of South
Carolina to comply with the federal
laws which govern the care, account?
ability and disposition of government
i property in the possession of the or?
ganized militia, the war department is
obliged to suspend further Issues of;
government property and funds to the
organized militia of South Carolina,
and to withhold authority for the ex?
penditure of government funds by
or for the benetlt of the organized
militia of South Carolina until the de?
linquent matters are taken up by the
State and brought to a satisfactory
settlement.
" 'When the organized militia of
South Carolina is placed on a satis?
factory basis, the war department
will consider the withdrawal of the
restrictions of which you are inform?
ed In this communication and which
are effective on and after this date.'
"Requisitions for quartermaster
supplies submitted on April 2 4 and
j May 11, 1914, and ordance supplies
submitted May 11, 1914, are, in ac
cordance with the action of the sec?
retary of war noted in the foregoing
paragraph, returned herewith. The
supplies asked for will not be issued.
"By direction of the secretary of war.
A. L. Mills,
"Brigadier General, General Staff,
Chief Division, For the Chief of
Staff."
Col. O. W. Babb, assistant adjutant
general, was asked last night how, in
his opinion, the shortage arose to
which reference was made in the let?
ter of Gen. Mills and whether in re?
cent years any effort to reduce this
shortage had been made. Col. Babb
said he could not speak for other ad?
ministrations. Regarding the policy
pursued since he has been assistant
adjutant general, Col. Babb said:
"The shortage of property men?
tioned in the letter of Gen. Mills has
been accumulating for years and the
present administration has made re?
peated efforts to collect the obsolete
property.
"During 1912 about 1,200 old rifles,
a lot of bayonets, bayonet scabbards,
gun slings and other appurtenances
were collected and shipped to Rock
Island arsenal. During 1913 about
400 old ritles and carbines, a
lot of old cartridge belts, cart?
ridge boxes, bayonets, bayonet
scabbards, carbine scabbards and cav?
alry sabres were collected and ship?
ped to Rock Island arsenal. There
is a great deal of this old property
in the hands of some one now and it
should be turned in to ,the State
armory, so that the State may re?
ceive credit for it. I will state also
that during the present adn Inlstratlon
a great number of the old blue uni?
forms have been collected. As, stated
above, repeated efforts have been
made to recover this property and
with some success. The bulk of this
loss occurred prior to the issue of the
new Springfield rifle and the olive
drab uniform about 11?08 and 190?,
although tome loss has occurred
since."
COLLISION IN NEW YORK HAR?
BOR.
A Near Disaster when Steamer and
Crowded Perry Boat Collide in Fog.
-i-?
New York, June :!4.?A thousand
men and women were thrown Into
panic today when the Steamer Taurus
crashed Into the ferry boat lledbank
In the North river on the way from
Jersey City to New York in a heavy
fog. The Red bank was badly dam?
aged but made the dock safely. There
were no casualties. The Taurus was
somewhat crippled, but made Coney
Island.
VILLA CAPTURES ZACATECAS.
I iiconlirmcd Report Reaches Tain pico
of Defeat of Federals.
Washington, June 24.?State de?
partment advices from Tampico
state that an unconfirmed re port has
reached that city thai Zneateeas has
been captured, the federals haying
lied with disorder, snd the constitu?
tionalists are moving forward to cut
off their retreat to Mexico city. Gov?
ernment officials believe the story is
exaggerated
RAPPED FOR. HOLDING OFFICK
AM) RUNNING FOR GOV?
ERNOR.
Gen. Moore Blames Governor For
VlnmM State of Military Affairs.
Kingstree, Juno 23.?Under swelter
i
ing weather a crowd of live hundred
Williamshurg county people, many of
whom were ladie.j, heard the candi?
dates for State offices here today.
Good order was maintained and ap?
plause was given each candidate. Prof.
John G. Clinkscales was presented
with flowers. A little more "pep" was
injected into the debate today, es?
pecially the gubernatorial candidates.
Lowndes J. Browning and John G.
Clinkscales called attention to John
G. Richards holding on to the of?
fice of railroad commissioner while
running for governor. John G.
Kichards denoun ed the newspapers
and denied that he was any "coat tail
swinger." Cahrles Carroll Simms se?
riously jumped on a newspaper and
vigorously attacked compulsory edu?
cation, and praised Gov. Blease. W.
C. Irby flayed mill mergers. R. I.
Maninng discussed education as did
Mendel L. Smith. C. A. Smth ad?
vocated economy in government.
John T. Duncan again discussed what
he calls the "system."
I B. Frank Keliy, for lieutenant gov
| ernor, scored the new rules of the
party.
Adjt. Gen. Moore said the war de?
partment had withdrawn federal aid
from the militia of South Carolina be?
cause of the povernor's refusal to
muster out certain companies and his
Inability to get company commanders
I to account for federal property in
I their hands.
j On the door of the warehouse
where the speaking took place was
written in chalk, "No coat tail swing?
er need appear." This same thing
appeared on the wall behind the
speakers' stand.
There was sympathy expressed
for Mr. R. A. ?"'ooper, of Laurens, in
the death of his wife, and the cam?
paign party this afternoon sent him
the following resolution, signed by all
of them:
"We sympathize with our friend
and associate in this campaign, Hon.
R. A. Cooper, of Laurens, in his
great bereavement, in the loss of his
wife, and grief so suddenly come to
him in tho midst of the campaign.
The campaign party unanimously
extends to him heartfelt sympathy
and convey him in this feeble way this
testimonial of our remembrance in
this, the saddes hour of his life."
The Candida; "s speak tomorrow at
Florence.
A SLICK SCHEMER.
Woman Grafter Takes $5,000 From
l*eoplc ot Waycross, Ga.
Waycross, Ga.. June 24.?By prom?
ises of rich returns from investments
in land lottery schemes, several were
fleeced out of sums ranging from one
hundred to live hundred dollars, by
a woman giving her name as Rosa
Lee, fortune Uller The police are
searching for the woman who left
two days ago. Pretending to locate
hidden treasure in North Georgia, she
fleeced two women out of four hun?
dred dollars It is estimated she took
five thousand dollars of Waycross
money.
RAILROADS ARE LIABLE.
i i
May Owe $12,000,000 to Shippers Un?
der the Intermo tain Rate Decis?
ion.
Washington, Juno 23.?Seventeen
railway companies, which constitute
trans-continental freight routes, are
liable under the decision of the United
States supreme court in the socalled
Intermountaln rate case for millions
in reparation on shipments made since
the institution of the cases. The pre
oise amount involved in claims al?
ready filed with tho interstate com?
merce commission approximates $12,
ouo.ooo. One batch aggregates more
tHan $2,000,000. Scores of cases, In?
volving amounts ranging from a few
h ndred dollars to hundreds of thou
ands. have been tiled by individual
shippers and by commercial and ship?
pers* organisations acting for their
members.
LEGACIES FOR CONNIE MAX?
WELL.
J. C. La son Demo at Iis $7.">.00O for
Eleemosynary institution at Grecn
woed.
Greenwood, Juno 23.?Tho Rev. A.
TP. Jamison. 1 >. 1>.. superintendent of
Connie Maxwell orphanage, announc?
ed yesterday that Connie Maxwell
would receive a bequest from the will
of J, ('. KSason, who died Saturday
at Rastover, in Richland county, the
timount being about $76,004 < >f this,
$16,000 is to be used in building a
cottage on the grounds and $2,000 to
furnish this cottage This is the sec?
ond largest bequest to Connie Maxwell
within a year.