El Paso Daily Herald. (El Paso, Tex.), Vol. 19TH YEAR, No. 276, Ed. 1 Thursday, November 23, 1899 Page: 1 of 8
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FA
SO
DA
Last Edition TO-jO-A-Y'S JSTE3"VTS 4:30 p. m.
PRICE 5 CENTS. EL PASO. TEXAS THURSDAY NOVEMBER 23 1899 ' '' 19th YEAR NO. 276
ILLINOIS
VETERANS
Memorials To Their Sleeping
Comrades Dedicated At
Chicamauga
of James Cecil Quinn. a well known
banker and business man of this city
and Lloyd Lowndes Jr. eon of .Gov-
ernor Lowndes of Maryland.
The ceremony waa performed at noon
in the First Presbyterian fcharcb and
was attended by numerous visitors
from out of town.
BUSINESS
MAN'S STORY
MR. HOBARFS
FUNERAL
WRECK AND FIRE .The Latest Program Of the President McKinley And His
IMPOSING
A Host Of Civil War Veterans'
Several Thousand From
Illinois In Attendance
Chattanooga Tenn. Nov. 23.
The beautiful granite memorials erect-
ed in Chlckamauga National Park by
the State of Illinois were dedioated to-
day with imposing ceremonies. Major
James A. Connolly of Springfield
secretary of the Illinois commission in
an eloquent address formally tendered
the monuments to Governor Tanner.
Governor Tanner delivered an address
in reply and in turn transferred the
monuments to the keeping of the na-
tional government. The monuments
were accepted for the government by
General H. V. Boy n ton president of the
Chick am auga Chattanooga National
Park Commission.
The programme of speeches waa in-
terspersed with patrictio eongs and
martial music by the .visiting military
bands from Atlanta and other cities .
The ceremonies were attended by a
host of civil war veterans several
thousand of whom came from Illinois
for the occasion.
The monuments dedicated today con-
sist of two principal memorials and
ninety-two granite blocks to mark the
various spots where the representa-
tives of the Illinois regiments made
the most notable record. One of the
principal memorials known as the
Missionary Ridge monument is a shaft
of white Barre granite rising to a
height of eighty feet. It stands on the
crest of Missionary Ridge and is sur-
mounted by a bronze figure of "Peace"
while at the base are bronzes represen-
ting the four arms of the service In-
fantry cavalry artillery and navy.
The other principal memorial the
Orchard Knob monument is built in
the form of a crypt the entrance to
which is reached by a flight; of five
pSteps. From this rises a graceful
shaft surmounted by a bronze private
soldier carrying a flag.
The site of the Missionary Ridge
monument ia near the steel observa-
tion tower which marks General
Bragg's headquarters. The Orchard
Knob site was the headquarters of
Generals Grant and Thomas Novem-
Two Trainmen Killed Several Pas-
sengers Injured And a Pullman
Coacb Destroyed -By Fire.
Cumberland Md. Nov. 23. A
rail road-wreck with loss of life occurred
on the Baltimore & Ohio railroad here
early this morning. Two trainmen
were killed and half a dozen passen-
gers injured. Three of the passengers
are from New York one from Pitts-
burg one from Philadelphia.' There
were many narrow escapes.
The disaster waa the result of a rear
end collision. The Chicago express
train had stopped to repair a break
down in the machinery of the locomo-
tive. An oyster train running at high
speed was close behind. Before the
engineer could be flagged or notified
by the stalled train he was so close
upon it that he could not stop.
The heavy engine crashed into the
Pullman coach on the rear of the ex-
press wrecking it and some cars
ahead. The wreckage caught fire and
the Pullman wa9 destroyed.
Two train men who were pinned
down by the wreckage were scalded to
death by the steam which escaped
from the wrecked engine.
The passengers it is believed were
all rescued but half a dozen were ser-
iously in j ured.
Fireman Louia Rassey of Balti-
more died from his injuries and En-
gineer Kellam cannot live. No pas-
sengers are seriously injured.
The trainmen by sticking to their
posts saved the passenger train from
being telescoped whioh would have
resulted disastrously to life.
Filipino Bargain-Maker
Cabinet To Attend
In a Body
WANTS TO BOY PEACE OTHER HIGH OFFICIALS
Offers To Reimburse the Will Be Present To Accorrv
United States For the
Twenty Million Dol-
lars Paid Spain
pany the Remains Of the
Late Vice-President
To Cedar Lawn
New York Nov. 23. A special
cable despatch to the World from
Hong Kong gives an interview said to
have been obtained from Aguinaldo
Filipino leader by an American busi
ness man who has been in the Filipino
lines and has just arrived at Hong
Kong.
According to the story Aguinaldo is
willing to buy peace now and will re-
imburse the United States for the 820-
000000 paid to Spain if American
troops are withdrawn.
Aguinaldo proposes if his terms are
accepted to set up a republican form
oi government witn president con
gress and judiciary the president and
congress to be elected by the peo
ple and the judiciary to be appointed
V. .V ; j . - .i A . '
ujr mo prcBiuentoi je senate.
BOERS FEAR NO GUNS
Paterson N. J. Nov. 23. Arrange
ments for the funeral of the late Vice-
President Hobart are now complete.
The church will not be decorated and
few flowers will be in evidence. Im-
mediately after the service the funeral
cortege will proceed to Cedar Lawn
cemetery where Interment will take
place.
T7X J . .
r nuy alter Doon tne remains
will lie in state in the library of Car
rou nail ana he viewed by thousands
between the hours of 2 and 6 n. m
have been eagerly read by the little
fishes and passed from fin to fin. Prob
ably there will come a loud clamor
from those deeps for mdre. for Her
ald readers are not fickle.
The Herald is glad to have this
ini nf Ir.a iaana nf .Tnlv 9.7 no n. rHn.
?Ae SkrrTfo Engages the Attention Of the
o irtesy in sending it.
It is not necessary to say after read
ing Mr. Keating's letter that the
Herald will go through thiok and
thin fire and water to the heights and
dnnt.hn. tn narrv its fnmrHmpnt.n tn our
soldier boys particularly those from DOES THE HOSPITAL PAY?
i-ii x a air vruu aio uai i jriu uuo uag iuu
THE QUESTION
OF PROFIT
Court In the Han-
way Case
far countries among strange folk
with unfaltering hands. We wish
them a brave fight a complete victory.
and a saf3 homecoming and again
thank Mr. Keating.
Following is Mr. Keating's letter
Jaro Iloilo
Philippine Islands
October 3. 1899
To the El Paso Herald.
Gentlemen: I have the honor of
forwarding you one of the El Paso
Daily Heralds which my father in
Fort Bliss J. T. Barratt commissary
sergeant forwards to me regularly
from there. This paper has had an
accident as It was with the mail on the
transport Morgan City and has been
many days lying at the bottom of the
China Sea on the Japanese coast. You
being the- editors of the paper I
thought I would forward it to you as
Defendants Claim Stronalv That
tbe Unfortunate Man Died Of
Fatty Embolism
a relic if you will accept it.
All the boys that left El Paso with
the Eighteenth are enjoying good
health out here but nevertheless
would like to be back in El Paso a?ain
But we are expecting to get back there
after we subdue these brown Filipinos
And present circumstances seem to
indicate that won't be long.
Yours very truly
Michael Keating
Principal Musician 18th Inf. Band
DISTRICT COURT
SCHLEY'S ORDERS
His Friends Regard Them As a Con
tinuation Of His Alleged Perse-
cution. New York Nov. 23. A special
dispatch to the Herald from Washing
ton asserts that Admiral Schley's or-
ders from the navy department speci-
ally Instruct him to proceed to South
African waters without specific in-
structions from the department.
The admiral's friends regard this as
a continuation of his alleged persecu-
tion by the department and point to
the fact that a flag officer in good
standing with the department is usu-
ally permitted to proceed to any
point within the limit of his staX ion
that he desires.
A Possibility That They May March
To the Coast.
Durban Nov. 23. The possibility
of the garrison at Pietermaritzburir
es
having to fall back here is a serious
consideration. The town's defenses
are being strengthened as it is feared
that if Pietermarltzburg falls the
Boers will come. to the coast. Such a
possibility was inconceivable a month
ago.
It has been stated that the Boers
would never approach Durban through
fear of the guns of the British war-
ship's here. It is certain however
tnat if ttiey could reach the hills sur
rounding- the town which almost
overhang the beach their artillery
could play havoc with troops landing
from transports.
Three New Dam a ae? Suits Filed
This Morning Against Rail
ways
J. T. Anderson. Henrv Savles. E. S
Hughes of -Taylor county. Texas and
J. A. Charles of Koswell New Mex
ico filed suit this morning aeainst the
S. P. Railway company for 110780 al
leged damages to cattle and 82000 bv
loss ox ireient monev wron?miiv col
lected.
Plaintiffs allege that on Mav 27.
1898 they shipped 1078 head of Dur
ham cattle from Santa Barbara Call-
iornia over the S. P. to El Paso des
tined for Big Springs. Plaintiffs furth-
er allege that they were compelled to
ship their cattle in combination cattle
cars. They charere that rainv oK.ttl
were injured in the cars and lost value
for want of sufficient and nronpr fnnd
and water while in transit (
fell from tree.
Judge Newton of San Antonio fin
ished his splendid argument on behalf
of defendant Graves at 10 o'clock this
morning and he was then followed bv
J. T. Beall for the railway company.
Judge Newton began speakicg yester-
day afternoon as soon as Senator Tur-
ney bad completed bis argument.
uaptain tse&u hr?t took UDthe law as
applicable to tbe alleged implied con-
tract entered into between each rail
way employe and the hosDital depart
ment of the corporation. He read a
decision by the supreme court of Ten
nessee having a bearing- on the issue
before the court and then proceeded to
argue.
me supreme court of Tennessee
goes so far as to say that when a surgeon
of a corporation selects aaoooer
surgeon to treat an employe the sec-
ond surgeon not being in control of
the chief surgeon it is contrary to
reason and common sense to hold the
chief surgeon responsible for mistakes
of his assistant.
'I contend." said Cantain Raa.11.
"that the employes simply establish a
trust fund. Think of it! Each' man
hurt gets careful hospital treatment.
champagne and all that for the paltrv
sum of $6 per year!
"Ibere oan be and is no ohia tlnn
for a railway company to go in with Its
employes employ Competent surgeons
and create a hospital fund. Such a
custom exists in every educational
institution in the United States. If
you send your Bon to college at Austin
or Bryan there you will find just such
a hospital system as is maintained by
the railway and its employes. Shall
you hold the railway company respon-
sible for treatment received by em-
ployes at the hands of surgeons of this
department? Is the railway company
running this department for profit?
"A law was passed in England where-
by every ship that carried passengers
across the ocean was required to em-
ploy a surgeon to be on board to treat
passengers who required medical or
surgical treatment. On one occasion
quinine was called for and calomel
was administered causing- death. Were
the ship owners held responsible? It
was a clear case of mal practice but
the courts held that tbe owners could
not be made liable.
ALL IS FORGIVEN.
BRITISH GENERALS
Win
ber 25 1863.
-j The regimental monuments ninety-
two in number are uniform in size and
design. On the front the- word "Il-
linois" appears in raised polished let-
ters; the front face of the die is highly
polished with sunk letters for the
necessary inscription which gives tbe
number of tbe regiment followed by
the numbers of the corps division and
brigade with names of commanders.
On the reverse side of-each is a bronze
tablet recording the number of killed
wounded and missing with names of
regimental commanders.
Illinois is Ithe .only state that has
followed this uniform design in its re-
gimental monuments. By this means
it is said sightseers or old soldiers can
readily locate the movements of 1111-
lois troops in the battles while driving
tver the park or fcits approaches in
arriages.
TWO WEDDINGS.
Admiral Dewey's Frank Statement
Brings Numerous Messages of
Sympathy.
Washington Nov. 23. Admiral
Dewey's characteristically frank state-
ment yesterday regarding the transfer
of the "gift house" had the effect al-
most simultaneously of hushing the
adverse criticism which had assailed
him.
Instead telegrams began pouring in
upon him from all parts of the coun-
try containing messages of sympathy
and congratulating him on taking the
publlo into his confidence as to the mo
tives which dictated the transfer.
The admiral is pleased at the turn of
events and hopes the incident is now
olosed. '
Vlelng With Each Other To
Glory In South Africa.
London Nov. 23. Three British
generals will vie with each other dur
ing the next ten days in trying to win
glory against the Boers.
While they are co-operating in
movement which has taotical unitv
their commands are widely separated
and as far as Immediate objects are
concerned are independent of each
other.
As a result this rivalry among them
is inevitable and military club s here
win follow the three campaigns with
the keenest interest.
TAYLOR'S PLURALITY
THE KENTUCKY
tamlln Garland the Western Writ-
er And a Son of Governor
Lowndes Lead Brides To the
Altar.
Makes Her Official Trial Trip To
day.
Washington D. C. Nov. 23. Much
interest is manifested in naval circles
in the official trial trip of the battleship
Kentucky which takes place today over
the official course between Cape Ann
Mass. and Cape Porpoise Me.
The splendid record of the ship on
her recent builder's trial has created
a feeling of confidence that 6he will
fully meet all the requirements speci-
fied in the government contract. The
The Latest Count Places Him Ahead
Of Goebel In Louisville.
uuuiotmui -vjr. hot m. x ae re
sult of the latest count in Jefferson
county does not ohange- the estimates
already made. It gives Taylor (
plurality over Goebel of 3400.
Great interest attaches to the con
ierence to do neid at Shelbyville be
tween Goebel and his leaders. It is
said Goebel believes he can get the
certificate of election from the state
board.
W. J. McMURRAY
Ianover Kas. Nov. 23. A wed- snip will be accompanied on her trial
difc of note to literary and artistic triP y tae battleship Texas having on
dries took place here today the bride board the Naval Board of Inspection.
beie
Miss Zuleme Taft daughter of
Prceesor Don Carlos Taft and sister of
Lordo Taft the sculptor and the
grocn being Hamlin Garland the well
knoo writer of stories of western life.
Th wedding was attended by numer
ous fiends from Chicago Kansas City
JSew 'ork and other cities. Mr. and
Mrs. arland will make their future
home j Chicago.
ChilicotheOm Nov. 23 A notable
weddi here today was that of Miss
May Qmpbell Quinn only daughter
Metal Market.
New York Nov. 22. Copper 17;
Silver 58 5-8; lead 4.40.
County Court.
The suit of the Banner Distilling
company vs. J. P. Dieter for $628.70
alleged to be due on aooeunt of a
whiskey transaction is on trial in the
county court.
The El Paso club will hold its annual
election of officers tonight fort the en
suing year it very member is request
ed to attend. Lunch will be served.
Was Well Known lii Bee County.
A Beeville Texas dispatch to the
San Antonio Express Bays:
W. J. IcMurray the well known
cattleman received a telegram from
EL Paso yesterday stating that his
nephew William J. McMurray a
young man just entering his twenties
had accidentally killed himself.
Young McMurray was born in Live
Oak county and grew up in that and
Bee county and has aflarge circle of
friends and acquaintances in this sec-
tion who very much regret the intel-
ligence of his untimely demise.
Fire Bells To Ring.
Chief Powers has kindly consented
to have the fire bells rung upon the
approach of the Tennessee soldiers
'the citizens of El Paso.
J. G. Pimpel filed suit against tho
Santa Pe railway for $15000 damages.
riaiDim aueges tnat while employed
as a member of the bridge gang on
i January z iaaa. ne climbed a tr t. I ' . icu n estaonsnea
Who Succeeds Vice-President Ho- Albuquerque to prune It and while dis- as a fao that the bospital department
cuargmg nis autles fell
SENATOR FRYE OF MAINE
the question of profit.
'In the case cited it was established
bart Deceased.
to tha frrniinri
fracturing his skull breaking hia. col-
mad e I lar bone and the small finder nf hia
right hand. The suit involves the sur
gical treatment received by plaintiff at
the railway's hospital in Las Vegas and
win in many respects hinge on points
as specified in the arrangements
by Attorney General Griggs.
icok oi conaoience ana sympa
my continue to pour in. According to
wH. uu-9 icto.cu ujr ivirs. aooart to-1 similar o tne 11 an way case
uny bqu yesceraay many
distinguish
ed persons from all parts of the coun
try will attend the funeral services
t- t .
uuvciuur iwoseveit sent a message
tnis morning saying he would attend
the funeral. Ex-Secretary of War Al
ger is expectea from Michigan tomor
row. According to his message he
will be accompanied by the members
of his family. Senator Frey will be
here tonight.
A -special train bearing President
McKinley the members of his
cabinet and other high government
officials will arrive about 1 o'clock
Saturday afternoon. The train leaves
Washington at 7 a. m.
rrtt .
j. ue president ana members of the
cabinet will be escorted by a comoanv
of two hundred United States regulars
irom uovernor's Ieland and will re-
another suit.
E. R. William filed suit nominal- tha
Mexican Central railwav for 19!K fnr
tne loss ot tne rorefinger of his right
band and the crushing of his thumb and
. I other fingers while making a coupling.
I In September 1899 when the accident
occurea plaintiff was a brakeman in
employ of the company and his hand
was injured on 'the Chihuahua dii.
sion oi tbe road.
NEW COUNTY JUDGE.
Several Political Rumors Floatina
waiter. JJ Howe Is now servino-a
special county judge to assist Judge
He is today trvinc tha cann nf V.
Sanbrano vs. A.. Courchesne for damages.
it Is said that Attornev Ham will
prooaoiy De a can a id ate
fnr t.hn nffina
of county judge at the next fnlantlnn tn
pair to the home of 'Attorney General 8ucceed Judge Harper who aocord-
Griggs. They will Vide in earrlao-Aa will run for the office of
lurmsnea Dy tne Ultlzens' committee.
wmcn is aoing much to assist in the
funeral arrangements.
postoffices to be closed.
WASHINGTON Nov. 23. Postmaster
General Smith today issued the follow
ing order:
distrlot attorney.
NEW JANITOR
Now In Charge of the Court
House
The county commissioners at their
recent meeting decided to reserve the
iigumueuigeiveB or employing a jan-
ui tae uistinfuishAfi rmb. i lowine- tne 9beritr tn fill tha Wntin. ...
nus neretoiore Deen the oustom.
J. iU. MOOre. who has been iinltni-
for a long time has resigned and
tne commissioners have annnintod .
coiorea man to succeed him.
nu servxce oi vioe-PresIdent Hobart
and in respect for bis revered memory
puBbujaBbers tnrough gout the
United States are " directed tn
Close their renfotlva
between the hours nf f and
GOLF CLUB GROUNDS
m. on Saturday.November 25th instant r-
the dav of th .i tant' Contracts For the Links Were
IT SAW THINGS
Strange
A Copy Of the Herald Has
Adventures.
ne xtEKALiD eoee to manv nluo.
uwu nuum east ana west but the
oubwm oi tne unina Sea has nnt. hn
uu uur mauiDg routes.
I inn ni taaa
vuuuioo lucrg nra amODP nnr
townsmen tnose who would consign
our whole edition everv dmr tn
... J J " wuau
ttmuie region Dut it is not so to be.
But a Herald did On tn tha hnltnm
of the China Sea. and from its wiinn.
cu uuu ras-trea anDearano.n it mnat '
Let.
Tl -r-r t i
Jim niDDert secured the cnnt.ra.ft
yesieraay lor constructing the links
for tbe El Paso Golf oluh at tha nid
bicycle track.
A neat and attractive eluh h nn qa
will be built in the near future l.-i
which to entertain visitors.
Remains Shipped.
The remains of Will MaMnrrair arm
be shipped to-morrow by Undertakers
Nagley & Lyons via G. H. & S. A. to
Beeville Texas for interment. Mrs.
Bristow an aunt and a cousin acnnm.
pany the remains.
Norrjs Bros.' show is coming. Wait.
Daily Herald 15o per week. !
who ruu at a pront. vet -tne suoran-n
court reversed tbe decision of tbe low-
er court finding that the comnanv
could not be held responsible for the
conduct of the surgeons.
judge Walthall: "Captain did T
understand you to say that the liabili-
ty of the company would depend on
whether or not there was a surnliu
each month in the hospital fund?"
captain jueali: No. sir: that la tha
contention but the company can not
be held liable unless tbe hospital de
partment is run for the purpose of
profit. It makes no difference whether
tnerd was a surplus one month and a
deficit the next; that makes no differ-
ence the purpose of tbe department
must be for profit."
Judge Walthall cited two decisions
whioh varied widely in doctrine and he
said: "How can it be determined
whether or not tbe department was
run for profit? All that is known
is that fifty cents is collected each
month from employes and there is no
way to determined whether or not th
intention is to derive profit from the
transaction.
Captain Beal was intent on narrui n cr
bis point and read from a decfainn nf &
higher court wherein a case waa de
cided against an employe even where '
it was proven that a profit of sevarai
thousand dollars per month was derived
by the railway company.
"Now on the question of ao-ennw. '
continued the attorney. "The hospital
fund is maintained by the contribu-
tions of employes but the
empauy "covers all the de-
nolt. The railway company
under that condition is ooly a trustee.
But suppose the court holds that the
railway corporation has engaged in the
hospital business then Han WAV nrnii 1 H
be an agent and Dr. Turner is also an
agent of the company. Han way and
the surgeon are follow servants and
the railway would not be reennnaihia
only the wrongdoer."
But the court disairrnnrt with tv.
lawyer and called hia
Judge Stevens's decision of recent
date and said he could not take a con-
trary view of the casa..
"1 am glad that vour hnnnr
with me" replied the attornev fnr th.
corporation. "Suppose the plaintiff
had alleged that Hanway would have
recovered had the oneratinn ha..
formed on the 12th. W v
demurred to it and they knew it. The
surgeon is more resnnnitihln than
one else but no surgeon insures Hf
Your honor would hav sncir ....
deurrmer."
The speaker was momontariiir inur.
rupted by Waters Davis but he con-
tinued; "Occult Influences must be
reckoned in a case of this
Kind. The en ro-onn onn.
be held responsible for them nor ac-
cused of malpractice." and a dAr.ainn
was read bearing on t.h ttll Kian
(Contouied on 8th page)
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Slater, H. D. El Paso Daily Herald. (El Paso, Tex.), Vol. 19TH YEAR, No. 276, Ed. 1 Thursday, November 23, 1899, newspaper, November 23, 1899; El Paso, Texas. (https://texashistory.unt.edu/ark:/67531/metapth297277/m1/1/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .