Monday, February 13, 2023

IN NORTHERN LUZON, NO TELEPHONE FRANCHISE NEEDED, DEATH OF F. B. CARPENTER, AND DEATH OF LYMAN MUNSON

 
General Samuel B. M. Young.

Cortland Evening Standard, Friday, May 25, 1900.

IN NORTHERN LUZON.

Brigadier General Young's Report Made Public.

BROKE UP INSURGENT FORCES.

Cavalry Brigade Commander Rode Entirely Around Opposing Forces of Filipinos Harrying the Enemy Until MacArthur Was Enabled to Advance.

   WASHINGTON, May 25.—The war department has made public the report of Brigadier General Young, commanding a provisional cavalry brigade, of his campaign in Northern Luzon from Oct. 11 to Jan. 1 last, during which he rode entirely around the opposing forces of Aguinaldo and MacArthur, a distance of about 150 miles, and harried and broke up the insurgent forces so that MacArthur was enabled to move forward without any formidable organized resistance.

   General Young's command was composed at various times of portions of the Third and Fourth cavalry, the Macabebe battalion of native scouts under Major Batson of the Fourth cavalry and the Twenty-second, Twenty-fourth, Thirty-third, Thirty-fourth and Thirty-seventh infantry. According to the report General Young started from San Fernandino de Pampanga on Oct. 11, moved up the east bank of the Pampanga river, passed around the flanks of the enemy who were scattered between the river and the railroad and struck the sea on the west coast of Luzon to the north of both combatants, having accomplished the mission entrusted to him of protecting the right and rear of MacArthur's forces. This ride through the enemy's country was, General Young says, accompanied by many hardships and a deal of sharp and at times exceptionally fierce fighting. The attack upon and capture of San Isidro by Major Ballance and a battalion of the Twenty-second infantry gained special mention and high commendation in General Young's report. "It is the finest and most efficient battalion I have ever seen in the American army," he says, "and notwithstanding a deplorable scarcity and total absence at times of food, clothing and shelter, did most remarkable work in the face of the greatest difficulties."

   The town was occupied by Young's forces only after the most stubborn attack and perhaps the liveliest engagement of the whole campaign. The report says that Batson, with his Macabebes, also was foremost in the fighting at all times, repulsing gallantly a force of insurgents sent out to crush him near Tarlac. In this encounter Lieutenant Boutelle was killed while charging at the head of his company.

   General Young particularly mentions the deplorable condition of the road trail encountered. At one point he says:

   "Of all the sloughs of despond we waded through, this was the most diabolical, and the rain was almost continuous for 48 hours."

   In another part he mentions a march of "over twenty miles through mud, knee and girth deep."

   Although there was at times stubborn resistance by the Filipinos, the rapid and complete manner in which they were disposed of at some points was ludicrous. At Tambo Barrio, the report states, a company of insurgents were attacked and dispersed so effectually that they were never seen again. Some distance from Urdaneto, where General Young was received by the natives with great rejoicing and welcoming demonstrations, Major Swigert with a squadron of the Third cavalry encountered at night fall an insurgent column six hundred strong which was following in the rear of Aguinaldo's packtrain.

   "The unexpected appearance," says the report, "of the big horses with the big men astride galloping madly through the dusk with the troopers yelling like mad men soon found the panic-stricken natives, officers and men, crawling through the thickets in wholesale retreat, throwing their arms away."

 
Senator Richard Pettigrew.

ISLAND POSSESSIONS.

More Cuban and Philippine Wrangles in the Senate.

   WASHINGTON, May 25.—The duty of the United States towards its "island possessions" was the subject of heated discussion in the senate again yesterday.

   Soon after the senate convened, Mr. Bacon of Georgia began an extended reply to the speech Mr. Platt delivered Wednesday. His speech was largely supplemental to that which he delivered several days ago, demanding an investigation of Cuban financial affairs. His resolution, to which there is little or no opposition, went under the rules to the committee on contingent expenses.

   The remainder of the afternoon was occupied by Mr. Spooner of Wisconsin in concluding his speech on the Philippine question. The debate which he aroused took a turn decidedly political. He charged the so-called anti- imperialists with creating an issue which was not legitimate. Many of his statements were controverted by Mr. Allen of Nebraska and Mr. Pettigrew of South Dakota, and the controversy at times became almost personal.

 

Carl Schurz.

American Policy in Philippines.

   NEW YORK, May 25.—A massmeeting to advocate an American policy in Philippines was held last night in Cooper Union under the auspices of the Anti-imperialist league of New York. Ernest H. Crosby presided. The speakers were Hon. George S. Boutwell of Massachusetts, Hon. Carl Schurz, and Captain Patrick O'Farrell of Washington. Mr. Crosby said in opening the meeting: "Were Washington alive today he would find himself more at home in the camp of Aguinaldo than in the camp of Otis. We cannot but admire the courage of Aguinaldo and his men who has been fighting for over a year against tremendous odds." Resolutions denouncing/the attempt to subjugate the Filipinos described as our former allies and calling for the withdrawal of the troops from the Philippines were adopted.

 

School Teacher Acquitted.

   GENEVA, N. Y., May 25.—Miss Mary Bond, the school teacher who was arrested, charged with assault in the third degree, has been acquitted. The teacher was charged with severely punishing a boy pupil at her school.

 

Complaint From the South.

   WASHINGTON, May 25.—Senator Chandler presented a petition from 16 ministers of South Carolina calling attention to the political conditions in that state, declaring that the colored residents of South Carolina are disfranchised. It refers to the speech of Senator Tillman in which he acknowledged that the white men took control of the state of South Carolina and "bulldozed the niggers" and were "not ashamed of it."

   The petitioners "are exceedingly pained to think that in the chief lawmaking body of the nation our state is represented by one who makes such an unabashed and blunt avowal of high crimes against the constitution of his country while outraging the feeling of 10,000,000 citizens of this republic."

   For correction of abuses the petition asks for legislation to reduce the representation of states in congress where the colored vote is nullified and the appointment of a committee to investigate conditions in South Carolina.

 

PAGE TWO—EDITORIALS.

   Richard Guenther, the United States consul at Frankfort, reports that the scarcity and high price of coal in Europe have given much impetus to the construction of apparatus for the use of liquid fuel—petroleum, benzine and gasoline. The advantages of liquid fuel when properly applied are obvious. There is no smoke, no stoking, no ashes or cinders, no incomplete combustion, the fire can be started or shut off at a moment's notice, a more even temperature can be maintained than by the use of coal or wood, and the fire can be regulated by the mere turning of a single cock. There is no dust or dirt, no spacious coal sheds are required, and there is no danger of spontaneous combustion, as frequently happens with coal. It is claimed that petroleum and its manufactures will soon to a great extent supersede the use of coal for manufacturing purposes, and therefore the supply of petroleum becomes of great importance. Statistics show that the United States and Russia are between them producing in round numbers 120,000,000 barrels per year and that the production of outside countries has of late increased so much that they are able to contribute enough now to bring the world's aggregate annual production to about 150,000,000 barrels,

    The increased demand for liquid fuel will stimulate the exploitation of oil fields in different lands. Railway companies are trying oil fired locomotives. One steamship line has adopted oil for firing under the boilers of most of its vessels. Nothing seems to be in the way of a more extensive use of oil for fuel except the price.

 
Delaware, Lackawanna & Western train.

An Attractive Booklet.

   The Lackawanna railroad has just issued, under the title of "Ghost of the Glacier and other Tales" a decided innovation in the way of railroad literature. This book, which is attractively printed and illustrated, is practically a book of short stories, having no advertising in connection with them except such as naturally accrued from the fact that the stories are located along that line. The Lackawanna railroad, being the second oldest in the United States, passes through a territory, every mile of which has associated with it some Indian legend or romance, some recollection of the Indian wars, or some historical event of the war of the revolution. It is an easy matter, therefore, for the short story writer to find a mine of material along this line. Copies of this booklet may be obtained from Mr. D. H. Gourley at the D., L. & W. station, Cortland, N. Y.

 

Free Band Concert.

   The Cortland City band under the leadership of A. E. Darby has kindly offered to contribute its service gratuitously for a band concert at the park on Friday night, June 1, on the occasion of Hospital day for the benefit of the hospital.

 
Orris U. Kellogg.

NO FRANCHISE NEEDED.

THEREFORE COMMON COUNCIL WILL NOT GRANT ONE.

Highways are Public Property and Telephone Companies May Use Them by State Authority—Local Permission is Superfluous—Recent Decision of Appellate Division of Supreme Court—Opinion of the City Attorneys—Police Matters.

   The unexpected happened last night at the meeting of the common council, as that body gathered, supposedly for the purpose of granting a telephone franchise to one of the three companies that on Tuesday evening either asked for a franchise or stated their terms for phone service to the board. This came in the form of an opinion from the city attorneys, Messrs. Kellogg and Van Hoesen, to the effect that the city had no right to grant a telephone franchise. The common council adjourned Tuesday night in order that it might consult with the attorneys concerning the legality of granting a telephone franchise and these gentlemen have since been investigating the matter. The attorneys base their opinion on a very recent decision of the appellate division of the supreme court given by that body in a Rochester telephone franchise case. The opinion of Messrs. Kellogg & Van Hoesen follows:

   CORTLAND, N. Y., May 24, 1900.

   To the Mayor and Common Council of the City of Cortland:

   GENTLEMEN—We have examined with some care the question you referred to us as to your authority to grant a franchise to a telephone company. After such examination we have arrived very positively at the conclusion that neither the common council nor the board of public works, nor any other board or officers of the city of Cortland have any legal right to grant franchises to telephone companies, and we base that conclusion on the following authority:

   "The Transportation Corporation law" constituting chapter 40 of the General Laws of this state was passed by the legislature in 1890. That statute consists of several articles relating to different transportation corporations. One relates to ferries, another to stage coaches, another to tramways, another to pipe lines, another to gas and electric light companies, and still another to telegraph and telephone companies. In the articles relating to all the companies except telegraph and telephone companies are found provisions requiring such companies to obtain the consent of the municipal authorities to the use by them of the streets and highways. In some cases the application of such consent has to be made to the common council and in other cases to the commissioner of highways or the officers possessing such authority.

   In the case of the telegraph and telephone companies, however, Section 102 of the Transportation Corporations law provides that such a corporation "may erect, construct and maintain the necessary fixtures for its line, upon, over or under any of the public roads, streets or highways;" but does not require that the consent of municipal authorities or street governing bodies shall be obtained. In other words the statute referred to gives a franchise to street and highways direct to such a company. The legislature very likely made an exception in the case of telegraph and telephone companies by reason of the fact that they rendered largely a public service and should not, therefore, be dependent on the uncertain action of local municipal authorities.

   It happens that this interpretation of the provisions of the Transportation Corporations law has been very recently confirmed by the appellate division of the supreme court of this state in the case of Barheit vs. The Howe Telephone company of Rochester, which has just been decided and is reported in 50 App. Div., page 25, the court in deciding that case says:

   "We are decidedly of the opinion that the city of Rochester had no franchise to sell. In the Transportation Corporations law pipe line corporations, gas and electric corporations, water works corporations and others enumerated in the act are required to procure the permit or consent of the street governing body before any right to the use of the street exists in the corporation. By the same act (section 102) the right of telephone and telegraph companies to use the public streets and highways for the maintenance of its lines is given in unmistakable language and the consent of the local body is not required. The franchise, therefore, comes direct from the legislature to the corporation."

   If this interpretation of the Transportation Corporations law is correct, and it must be so considered, telephone companies get their franchise to use the streets and highways directly from the legislature under the provisions of that act; and the city of Cortland has no authority to act in the premises except perhaps to exercise control of the manner in which the franchise is to be used. We ought perhaps to state that the Transportation Corporations law affects only telephone companies that have been organized since 1890 or that may hereafter be organized under it. It is an open question whether companies previously organized under other statutes would have the same rights; but we apprehend that question is not material in the present instance, as we understand the parties now applying for a franchise propose to become incorporated under the present law. Yours very truly, KELLOGG & VAN HOESEN.

   As soon as tire clerk had finished reading the opinion, Mr. O. W. Cutler of Niagara Falls who represented the Rawson company asked the board that the specifications he had made in asking for a franchise for the Rawson Telephone company be returned to him. This the board could not do as it was a matter of record. Mr. Cutler stated that his only reason for asking the favor was that this was the first time he had ever offered to pay for a telephone franchise. He went on to speak of his company's position in reference to telephone service, saying that if the local company did not care to put in lines, they would come here and do so. If, however, the local company did organize and proceed to operate a plant it was not their purpose to antagonize them. He also stated that they could give better prices than they had offered in the specifications. Mr. Cutler concluded his remarks by the suggestion that his already agreeable acquaintance with the board might soon be renewed.

   On motion of Mr. Thompson, seconded by Mr. Yager and declared carried:

   Resolved, That the three separate propositions for telephone franchise and service, duly presented and filed, be laid on the table.

   Chief of Police Smith, in a written communication to the board concerning the hours of service of each member of the night force, suggested that the three patrolmen begin work, one at 6 P. M., another at 7 P. M. and the third at 8 P. M. By working nine hours they would go off duty at 3, 4 and 5 o'clock in the morning. Another schedule given by the chief provided that they go on at 5, 7 and 10 o'clock, work for nine hours and go off duty at 3, 4 and 7 o'clock. The board finally gave this schedule: Night Captain Nix; report for duty at 9 P. M. and be on duty ten hours till 7 A. M.; Patrolman Parker report at 7 P. M., on duty ten hours and leave at 5 A M.; Patrolman Corcoran, report at 6 P. M., be on duty ten hours and leave at 4 A. M. By this arrangement at least one officer would be on duty all the while. Captain Nix was placed on the list to report last in order that he might be the last one away in the morning and so be able to make a report to the chief. Some very pointed questions were asked concerning the reason why all three policemen should be on Main-st. in the early part of the night. It was the opinion of the board that one of the force was all that was needed to watch the street at that time, and that the patrolmen should not bunch up as much as they do.

   The matter of appointing another policeman was deferred on account of the absence of one of the members of the board. The board made a reputation for itself by adjourning at 9:30 o'clock.

 
"First Reading of the Emancipation Proclamation by President Lincoln."

CARPENTER, THE ARTIST, DEAD.

Died in New York Wednesday—Celebrated Artist—Native of Homer, N. Y.

(From the New York Sun, May 24.)

   Francis Bicknell Carpenter, the well-known artist, died in the Presbyterian hospital yesterday afternoon. Mr. Carpenter had been a sufferer from dropsy for about a year and had been under almost constant medical treatment. Two weeks ago he and his daughter, Mrs. Ives of 12 East Twenty-second-st., who had been living temporarily at 128 East Twenty-second-st., gave up their apartments and went to Pauldings, Westchester county, for the summer. On Saturday Mr. Carpenter came back and spent some time in his studio at 52 East Twenty-third-st. His ailment, which had been growing worse, became so bad that he was obliged to go to the Presbyterian hospital on Monday from the Holland House where he was stopping. A widow, one daughter, Mrs. Ives, and a son survive him.

   Mr. Carpenter was best known through his painting "The Emancipation Proclamation," which shows President Lincoln, in the presence of the members of his cabinet, signing the proclamation on Jan. 1, 1863. This picture was exhibited in the principal cities of the United States in 1864 and 1865. It was purchased by Miss Elizabeth Thompson for $25,000 and presented to congress in 1877. It has since been engraved by Ritchie. The picture now hangs in the last wing of the house of representatives. Mr. Carpenter spent several months in the White House while painting the picture, and wrote a book entitled "Six Months in the White House with Abraham Lincoln."

   Mr. Carpenter was born in Homer, N. Y., in 1830. Early in life he displayed a taste for drawing and in 1844 became a pupil of Sandford Thayer in Syracuse. He remained in Thayer's studio six months, and that was all the instruction in art he ever received. After painting portraits in Homer for a few years he came to New York and in 1851 opened a studio here. In 1852 he was elected an associate member of the National academy. Some of Mr. Carpenter's best known portraits are one of Abraham Lincoln, in the capital at Albany, painted in 1874. Portraits of President Fillmore and Gov. Myron H. Clarke in the city hall, this city, and portraits of Horace Greeley, Ezra Cornell, George William Curtis, James Russell Lowell, Goldwin Smith, Presidents Tyler and Pierce, E. M. Stanton, Gideon Wells, Dr. Storrs, Dr. Lyman Beecher, Schuyler Colfax, Henry Ward Beecher, John C. Fremont, Fitz-Hugh Ludlow and Emma Abbott.

   Mr. Carpenter's body had not been removed from the Presbyterian hospital at a late hour last night.

 

Death of Lyman Munson.

   Mr. Lyman Munson died very suddenly at his home, 38 Pomeroy-st. yesterday at about 5 o'clock of apoplexy, aged 64 years. On Wednesday Mr. Munson worked as usual at the Carriage Goods company's works, but that night he had a great deal of difficulty in getting home. He did not think, however, that he was sick enough to have a doctor. Yesterday he remained about the same till within a short time of his death.

   Mr. Munson is survived by a widow and by three children, Mr. Melvin Munson of Binghamton, Mrs. Alice Buck of Cortland and Mr. Orlee Munson of Lestershire. The funeral will be held from the house Sunday, May 27, at 2:30 at the residence, 38 Pomeroy-st. Burial in Cortland.

 

Notice for Masonic Fraternity.

   The funeral of Brother Lyman Munson will be held on Sunday at 2:30 at his late residence, 38 Pomeroy-st. The service at the grave will be conducted by Cortlandville lodge, 470, F. and A. M. All brother Masons are requested to meet at the lodge rooms at 2 P.M. and will leave the lodge rooms at 2:30 sharp and march to his late residence and from there to the cemetery.

   FRANK P. HAKES, W. M.

 


BREVITIES.

   —The funeral of Mrs. Harriet T. Brush will be held at her late home to-morrow morning at 10:30 o'clock.

   —New display advertisements to-day are—Mitchell & Strowbridge, Meats, page 5; Jereissati Bros., Auction sale, page 8.

   —Mr. John Feak of Syracuse was in Cortland yesterday and while here offered Wickwire Bros. $600 for their fine sorrel [trotter] stepper.

   —M. M. Lathrop has named his market garden on Evergreen-st., "Quality Garden," as a suggestion of the kind of vegetables he raises there.

   —The young ladies of Mr. R. J. Lucas' class in the First M. E church Sunday-school will hold their monthly social at the home of Miss Pearl Fuller to-morrow evening.

   —Mrs. Sarah A. Benton died at the home of her daughter, Mrs. John F. Wilson, at 6 o'clock this morning, aged 75 years. The funeral will be held Sunday, the hour to be announced later. Burial in Groton.

   —A special meeting of Victor Haymakers, No. 357 1/2, will be held in the hayloft in the Garrison block at 8 o'clock tonight. Business of great importance will be transacted and all companions are requested to be present.

   —A pathmaster in the southern tier is accused of willfully destroying half a mile of [bicycle] sidepath with a road machine a short time ago. It cost the sidepath commission $150 to build the path, and it should cost his royal crabbiness double the sum to make it good.

   —It is said that a new timetable will go into effect on the D., L. & W. R. R. and that the running time of the passenger trains between New York and Syracuse is to be quite materially reduced. Two new fast passenger trains are said to be possibilities in the near future between New York and Buffalo.


No comments:

Post a Comment