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| Joseph H. Choate. |
Cortland Evening Standard, Thursday, June 8, 1899.
ALASKAN BOUNDARY.
Some Prospects That a Settlement Will Be Reached.
NEGOTIATIONS STILL GOING ON.
The American Contention is That the Dominion Representatives Are Responsible For the Failure to Reach an Agreement When the Joint High Commission Met.
WASHINGTON, June 8.—Officials here have just learned what progress has been made in the negotiations at London toward reassembling the Canadian joint high commission. It is known that the arrangement of a modus vivendi to govern the relations of the United States and Canada on the Alaskan boundary is receiving a great deal of Ambassador Choate's attention. The basis for the temporary delimitation of the boundary in the neighborhood of the passes leading into the Klondike from the Lynn canal will, if the present effort succeeds, be on White Pass on the east, and on Chilkoot Pass in the middle at the points where the Canadian customs houses were established about 18 months ago. Full details are not made public.
It is said, however, that too much assurance should not be taken that a complete accord is certain, The officials agree with the London view that the outlook is rather brighter, because negotiations are on again, but they qualify this by saying that the agreement is not yet concluded and that when concluded it will still leave much to be settled by future negotiations.
In view of the fact that the protocol recording the proceedings of the joint high commission in Washington on Feb. 18 last has been made public in the Canadian legislature, while an abstract of its contents has also been published in London as well as in this country, the state department has deemed it proper to give out for publication the entire protocol.
This particular protocol is regarded by the department as of great importance, for it marked the failure of the commission under peculiar conditions. The record shows that the joint commission met at 10 o'clock that morning; that the British side proposed arbitration, and that the Americans accepted the proposition in general, using it as a basis for a treaty as offered by the British. However, it is shown that when the Americans offered an amendment, the British side promptly refused to accept it, and without affording further opportunity for the erection of an arbitration treaty, stopped the negotiations and referred the matter to their own government, notwithstanding the urging of the American side that the commission at least conclude their negotiations upon the remaining subjects.
These facts were the basis of the American contention that the Canadians had not afforded a real opportunity for arbitration and were responsible for the disruption of the joint commission. The points of the British arbitration proposal and also of the proposition put forward by the Americans as an amendment have already been indicated in the cable dispatches and the following points are given as those upon which importance is laid by the American side:
"In putting forward their proposal the British side said: They therefore made the following as a basis to be proceeded upon in framing a treaty." The attitude of the Americans upon this is set down as follows: "The commissioners of the United States announced that they accepted the proposals made as the basis of adjustment, but desired an amendment [in] relation to the arbitral tribunal and a modification of rule C to make it conform to the present local conditions in Alaska."
The British objections to the American counter proposal have also been published and the record on that point reads: "Holding these views the British commissioners are of the opinion that no useful end would be served by further pressing at the present time the negotiations, and must refer the matter to their government."
DEPLORABLE CONDITION.
Boys From Fourteen to Sixteen Years Old Working Among Convicts.
SYRACUSE, June 8.—The industrial and inspecting committees of the state prison commission paid their annual visit to the Onondaga county penitentiary and found a deplorable condition of affairs. There are two unexpired contracts being worked there, one at broom making and the other in the bolt shop. The number of prisoners is insufficient to get out the work rapidly enough to suit the contractors in the bolt shop, so about 35 outside hands have been employed, among whom are a number of boys between 14 and 16 years old.
This, the commission thinks, it in direct violation of the state factory law and the attention of State Factory Inspector Williams will be called to the matter.
The point is made by the commissioners that the effect is bad on the morals of the boys in that they are obliged to associate with the convicts for seven hours a day and in this way become versed in crime.
CORNELL FRESHMAN'S STORY.
Says He Was Waylaid and Robbed Near Virgil, N. Y.
Richard Austin of Dayton, O., a Cornell freshman, told a strange story to Sheriff Brainard late yesterday afternoon, which if true will again bring the town of Virgil before the public in an unenviable way.
Austin says he rode over from Ithaca last Saturday and along in the evening left Cortland for Virgil to spend Sunday with his aunt, Mrs. Jane Austin, a widow. About three miles this side of Virgil he claims that two men suddenly rushed from the side of the road, pulled him from his wheel and attempted to rob him. He made a stout resistance, but he was no match for the others and they went through him, securing his watch and about $15 in money. They left him bound hand and foot and with a gag in his mouth. He got loose after about two hours hard work, and went on to his aunt's. Instead of entering complaint at once and putting officers on the track of the men he told the sheriff he stayed quietly there with his aunt till yesterday, when he returned to Cortland, told the sheriff about it and then went back to Ithaca.
GREEN GOODS MEN FOILED.
But They Regained the Money While Victim was Asleep.
A report has reached Cortland that Peter Selover of Dresserville recently went to New York in reply to green goods literature and came very near getting away with the big end of the deal. It is said that when the two sharpers were about to change the package of good money for the poor before delivering over to Selover, the latter was up to the game and drawing a revolver on the men made them give him the good money, said to be $1,000 or more. The story goes that Selover then left the place and was followed by some of the green good party who stole the package from him while asleep in a street car.
Fitzsimmons-Jeffries Contest.
Those who heard the returns for the McCoy-Sharkey contest in Cortland Athletic Association hall on Jan. 10 will be pleased to know that the returns for the Fitzsimmons-Jeffries mill will be received in the same place on Friday evening. As before, the returns will be received by special wire in the hall by Manager George of the Western Union, and every detail of each round will be given. The management has decided in connection with the returns to put on three bouts by local talent and they will certainly be warmly contested. The doors will be open at 8:30 P. M. and the entertainment will begin promptly at 9 o'clock. Admission 25 cents.
IMPORTANT LEGAL DECISION
Won by Kellogg & Van Hoesen in a Hard Fought Life Insurance Case.
Messrs. Kellogg & Van Hoesen of Cortland have just received from the court of appeals a decision in favor of their client, Martha E. Teeter of Ithaca, in a life insurance action of nearly four years' standing which has been fought through all the courts, the decision being the same in each case.
The title of the case is Martha E. Teeter against the United Life and Accident. Insurance association. The action was brought in 1895 to recover upon a policy of life insurance upon the life of plaintiff's husband. The policy was dated April 5, 1887. The defendant conceded upon the trial before Justice Walter Lloyd Smith at Ithaca in October, 1895, that the provisions of the policy as to occupation and employment had been observed; that all the annual dues had been paid; and that all requirements as to proof of death had been complied with. The insured paid all assessments down to July 15, 1889, the company being an assessment company.
On July 15, 1889, the defendant claimed to have mailed to the insured notice of an assessment which in the ordinary course of the mails would reach Ithaca July 16. Some time prior to Aug. 11, 1889, and before the date of expiration of the assessment, the insured paid the assessment, $4.90, to Dr. Eugene Baker, the defendant's regular examining physician, to be forwarded with his own assessment to the defendant. On Aug. 11, Mr. Teeter went to McLean to visit a sister. It seems that Dr. Baker omitted to send the remittance for his own and Mr. Teeter's assessment until Aug. 15. The defendant retained the remittance and never returned it; but did, however, send a communication to Mr. Teeter, informing him that his remittance was not mailed till Aug. 15, which was after the time allowed, and requesting that he sign and return an enclosed certificate, a so-called "health" or "reinstatement" certificate, and upon receipt of which a proper voucher for his remittance would be sent. The certificate was sent and receipt received by Mr. Teeter. The insured thereafter paid promptly assessments amounting in all to $225.
The insured died April 23, 1894, and thereafter the defendant refused to pay the amount of the policy or to recognize it as a valid claim, and the action was brought by the plaintiff to recover. Defendant held that the policy had lapsed in August, 1889; that Teeter had in his "reinstatement" certificate made false statements as to his health. Teeter died of cancer and the proof of death showed that he had been affected only about a year previous to his death, April 23, 1894.
The trial resulted in a verdict for the plaintiff for the full amount claimed, $2,000, and interest amounting to $319. Defendant appealed to the appellate division, and the appeal was argued in October, 1896. The court affirmed the order and judgment of the lower court upon the ground in substance that the provision in the policy that it should be "indisputable" after the lapse of two years was a bar to the defense offered.
Defendant then appealed to the court of appeals, and arguments were made in May last. The decision just received affirms the previous judgment.
The attorney for the defendant was Harry Wilber of New York City.
This decision is important, defining as it does, the meaning of the term "indisputable after a lapse of two years" in those policies containing this clause. In this case it was held that the policy was "indisputable" after a lapse of two years from the date of reinstatement.
Woman's Hillside Home.
Mrs. E. M. Moore, formerly matron of the Woman's Riverside Home, more recently in charge of the Woman's Hillside Home a little distance west of Cortland, wishes to state that she has been making some improvements in the latter place and that she will soon be prepared to take a few more boarders. She will not confine herself to elderly ladies, but will take some girls who are out of health and who have little means, if they desire to find a place in the country where they can recuperate. She is also near a school, so that the girls can have advantages along that line if desired. Her table will provide good milk, fresh eggs and vegetables and everything that a farm affords. Swings, hammocks, croquet, plenty of amusements. A more healthful place would be hard to find. Applications should be made at once as only a few can be accommodated. Address: WOMAN'S HILLSIDE HOME, P. O. Box 935, Cortland.
FOUND IN THE ROAD.
Belief That A. G. Harrington Had Attempted Suicide.
A. G. Harrington of Spafford was found lying beside the road on the west road from Homer to Little York last Friday in an unconscious condition. He was thought to be intoxicated and no one disturbed him for some hours and then the true condition was discovered. There were no traces of liquor about him, and it was believed that he had taken some drug with attempt at suicide and that the drug made him unconscious but failed to produce death. He would not acknowledge this when he came to himself, but a virtual confession of an attempt to end his life was found in a letter of his writing that was evidently intended to be read after death. The letter reads like the rambling of a diseased mind and it is thought that he was at least temporarily insane. He assigns several reasons as the causes for his rash act and declared that what he did was done deliberately. The man was 70 years old.
A. O. H. ELECTION.
Pleasant Social Season after Business was Accomplished.
The annual election of officers of Division No. 1, Ancient Order of Hibernians, was held last evening and the following officers were elected for the ensuing year:
President—John A. Kennedy.
Vice-President—John E. Lonergan.
Recording Secretary—Joseph Dowd.
Financial Secretary—Thos. Drake.
Treasurer—J. T. Davern.
Sergeant-at-Arms—J. F. Burns.
Sentinel—Richard McMahon.
Standing Committee —John Lynch, chairman, J. J. Reider, Frank Kane, Patrick Dwyer, Thos. McMahon.
Finance Committee—J. A. Nix, M. T. Roche, M. B. Burns.
After the regular business meeting refreshments were served and a social session held, in which the following gentlemen took part: Daniel R. Ryan, the well-known actor and baseball player, Wm. Dillon of the Maud Hillman Comedy Co., T. H. Dowd and other members of the division.
Driving Association at Marathon.
An organization which has been attempted several times before has been consummated this season in the organizing of the Marathon Driving Park association. The members have chosen as directors: F. E. Whitmore, D. B. Tripp, G. P. Squires, E. J. Bowdish and Ira Lynde, who have organized with G. P. Squires as president, and D. B. Tripp as secretary and treasurer.
G. P. Squires has donated the use of a track upon his farm and it has been surveyed and will be completed within ten days. It will be a regulation half-mile track, and one of the best in the state. J. L. Brink has also donated the right of way on the river bank, opposite Front-st., for a boulevard leading from Brink-st. to the track, so that going down Broome-st. around the track to the boulevard and then to the village will be a favorite drive this summer.—Marathon Independent.
REWARD OFFERED.
For Throwing Articles on Sidepath to Puncture Tires.
The [bicycle] sidepath commission held a meeting last night and voted to offer a reward of $25 for the arrest and conviction of any one for throwing tacks, glass or anything else to injure tires upon the sidepaths of Cortland county. This reward is offered in addition to the reward of $25 always offered by the S. P. C. A. for throwing these things on any path, road, highway, street or sidewalk anywhere in the state.
ACCIDENT AT WEST GROTON.
Raising Apparatus Broke—One Man Killed and Three Injured.
While engaged in raising the bent on a new barn on the farm of D. H. Coggeshall of West Groton at 9:30 o'clock yesterday morning the raising apparatus broke, causing the bent to fall, pinioning the men under its heavy weight, and causing the death of one of the men a few hours afterward. The accident occurred without warning and the men did not have time to escape. The screams of the injured men brought assistance and with crowbars they were extricated from their perilous position.
Fred Baker was the most seriously injured. His skull was fractured, both his legs were broken and his wrist was also broken. He died a few hours after being removed to his home.
Leroy Bush had one of his legs broken in two places and the other in three. His spine was injured and he is not expected to live.
Lamar Smith had both legs broken and was otherwise injured about the head. William Dutton had one of his legs broken.
The injured men were conveyed to their homes, and Drs. Miles Goodyear of Groton, A. Knapp and C. L. Wakeman were called and attended to their injuries. The coroner of the district was notified.
THE GOLDEN OAK SCALE.
Found in Cortland by Mr. M. F. Cleary—Something About It.
A few weeks ago Mr. M. F. Cleary of Cortland sent to the state entomologist specimens of a scale which he had found on oak trees, and which he had found quite injurious. The scale when it appears is the size of a small pinhead, but increases in size as its age increases.
Under date of May 23, Mr. Cleary received a letter from Entomologist E. P. Felt at Albany stating that the scale is known scientifically as asteralecanium quercicola and when it occurs abundantly may seriously injure the tree. It may be controlled by spraying with kerosene emulsion or whale oil soap solution at the time the young appear.
It seems that Mr. Felt sent the specimen and letter to National Entomologist L. O. Howard at Washington, who wrote to Mr. Cleary asking about the conditions under which he found the scale, and yesterday Mr. Cleary sent the following reply which will explain itself:
L. O. Howard, Entomologist, Washington, D. C.:
DEAR SIR—-Your letter relative to the specimens aster-alecanium quercicola received and in answer to your query as to the conditions under which I found it, I will state that the first place I found this scale was in Cortland, N. Y. on a prunis triloba and a prunis hesordii three years ago and the next year on a quarcus area folia or golden leaf oak from the central part of the state. I have purchased trees from the same nurserymen every year since [Mr. Cleary worked for the Randall estate—CC ed.] and found their stock free from scales, but last year I found it on a maple tree and Russian mulberry. 1 have used about everything recommended, but find the cutting back to one or two eyes of all the previous year's growth of small trees affected, and cutting severely back large trees, top and side branches the most successful. The natural shape of the tree should be retained. Some recommend the pruning in June as the sap runs more freely. This I have found to be an error with deciduous trees. I cut back deciduous in early spring for a vigorous growth as June pruning has a tendency to stunt the growth of the tree. This method I have followed nearly fifty years.
Yours very truly, M. F. CLEARY.
BREVITIES.
—Thirteen head of Holstein cattle were recently killed by lightning in a single storm at Bridgewater, Oneida county.
—Cortland commandery, No. 50, Knights Templar, will install its new officers to-morrow night and the Red Cross degree will be conferred.
—The Loyal circle of King's Daughters will meet with Mrs. J. R. Birdlebough, 73 Homer-ave., Friday, June 9, at 3 P. M. A large attendance is requested.
—The Woman's Foreign Missionary society of the First Baptist church will meet to-morrow afternoon at 2:30 o'clock at the home of Mrs. Beman Conger, 15 Grant-st.
—Rev. W. J. Howell, the new pastor of the First Baptist church, will speak at the Y. M. C. A. rooms at 4 o'clock Sunday afternoon. His theme will be "The Power of the Young Man."
—New display advertisements to-day are—Warren, Tanner & Co., Hot weather goods, page 6; F. Daehler, Nobby bye hats, page 4; Mrs. J. T. Davern & Co., Millinery, page 6.
—A Manlius farmer advertises for a dog weighing not less than 1,300 pounds to work a tread power for churning.—DeRuyter Gleaner.—When he gets him he will have the nucleus for a circus.
—The STANDARDS were late in reaching the subscribers last night owing to the replacing of the old gas mains on Tompkins-st. with new ones preparatory to the paving. The gas people thought they could get the new pipes laid and the connection made with the Standard office by 4 o'clock, but were longer about it than was anticipated, so that it was 5:30 before the gas was finally turned on. Meanwhile all the power was shut off from our gas engine and we could not run our press. We offer our apologies and it will not happen again.
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