Newspaper Page Text
making the report, while Senators Elklns. Clapp
end Newlands voted to have Senator Dolliver
present It. Senators Foster. Dolliver and Tlll
rnan abstained from voting. Thus It was that
the anomalous situation arose by which Senator
niltnan will report the Railway Rate bill to the
Senator Dolliver was Indignant and bitterly
Cleappomted over this outcome. He confidently
expected that h« would be allowed to bring In
the bill and be In charge of It during Its con
tlderation In the .Senate.
Senator Bailey of Texas, the acting Demo
cratic leader, said this afternoon:
The action of the committee was eminently
appropriate. This Is a non-partisan measure.
It was reported to the House by a Republican.
Chairman Hepburn, and passed with the aid or
»very Democratic vote la that body. It •««»■
upproprlate that It should be reported to the
Senate by the leading Democrat on the Senate
Senator TlUman said: "My frankness and
reputation. I think, will preclude the possibility
r»f the assertion that I am In this bill as a Joker.
; Ehall not allow myself to be placed in any
position which would permit anything to side
track the effort to get a good railroad rate
BITTER FIGHT AHEAD.
"Bill's Passage Conceded, Amend
ments To Be Storm's Centre.
lEj- Tt« A*«>cUted Prew-1
Washington, Feb. 23.— 1n pplte of the fact
that the Senate was not In session to-day.
nearly all of the Senators were drawn to the
Capitol by the contest in the Interstate Com
merce Committee. As poon as the result was
known ■'.;: ration began as to the probable
rrocedure on the floor. It was predicted that
there would be delays and all sorts of ob-
Uructive tactics used.
This was contradicted, however, by Senators
Alciric-h ar.d Crane end other leading Senators
not members of the Interstate Commerce Com
rr.lttee. They said they would favor seeking an
ecreemer.i whereby the bill could be placed on
the calendar as unfinished business, ahead
r<f the Statehood bllL They paid they thought
the prominence given the railroad rate question
tnfl The interest the people of the whole
Vr.ited States had taken In it entitled it to
parly consMeraiion. It was agreed, however,
m all fides, that the discussion must be pro
longed ar.d that undoubtedly it would be as bit
ter as any that has ever taken place in the
Senate. As all factions concede that the Hep
burn bill trill pass the Senate, the only contest
will be over an effort to incorporate Into the bill
pome provision for court review of orders of th«
Interstate Commerce CommlsEion.
In discussing the action of the committee In
reporting the bill. Senator Dolliver to-nigrhr
Th« art ion of th»» Senate committee is en
tirely satisfactory to me. The one thing about
it which is Important is the fact that It places
the bill, which the House of Representatives
passed with only seven dissenting votes, on the
calendar <■•_ the Senate; where nothing; can hap
pen to It which does not happen in broad day
light, after full public discussion. «
The Senators who favor this legislation care
nothing who reports It. Their Interest is to get
It reported and acted upon in an open and
Straight forward way. All they ask Is that this
hill be put to a votes. Th*-> have to-day taken
na important step In that direction.
FAVOR COURT REVIEW.
| Senator* Alfirich and Crane authorized the
#tat«rnert that four of the five Republicans who
cast their votes against the bill would have
Toted for it if It had contained the addition
cf a provision for review. They are Messrs.
XSklns. Aldrich, Kean and Crane. Senator For
•Jeer Is opposed to the principle Involved in the
bill end would have voted against It ever, with
the court provision added, but with that addi
tion his would have been the only negative vote.
6ena.tor Tlllman. who was designated by the
committee to report the Hepburn bill, said after
the committee adjourned:
It vms an unexpected and in one sens© an un
<l—lrri*i honor and respojisibiilty that was thrust
upon me. As far as I am able I will endeavor to
recure the passage of the Mil through the Sen
ate, with such nmendments as will make It more
acceptable to the business interests of the coun
try and remedy the evils which have produced
ruch widespread agitation. The policy is essen
tially democratic. The proposed HI had the
unanimous support of the Democrats of the
House, and I hope that, with a few Flight amend
snentp, it will get the s:inie support In the Seu
Fenator TUlman paid that on© of the most
•oaern' amendments lift should endeavor to
j.rocure looks to "the absolute divorce of the
public carrier.", rs such, from the production of
coal, as miners, which condition of monopoly
has created such a. strong feeling of dissatisfac
tion and sjigtr |a the bituminous and anthracite
coel regions." He has already drafted an
amendment covering this point. He Raid that
Mmetbias ought to be done, to compel the trunk
lines ta make connection with spurs and feed
ln S lines a nd to prv c fair treatment in the dis
tribution of cars and offer e<jual facilities with
« ther Fhij-ijers.
Senator Tillman added that In making the
m>«t on the bllj h^ would not prepare a formal
analyFis tr lT rresentation to the Senate, but that
U* report «ould Biioply transmit the action to
th- Senate together with the Fyr.opsis of the
ttstimoaj taken before the committee. Ha has
Dot yet tek*n into coi;sideration tho question of
bringing the bill before th« Benate, but said
that h« weoM press it with the view of having
th- ffiacnsslon begun as Foon as convenient and
SENATOR ELKINF'S PLANS.
Senator Eikins characterized it as a "solecism"
to have a Democrat report from a Republican
eosuslttea to a Republican Senate a bill which
baa been reported by a Republican committee
in the House hvA passed by a Republican House,
lie believed that the bill Fhould have been In
• harge of K<=nator Dolliver. who had insisted
that it \>p. reportM as it came from the House,
especially as It was finally reported In that
fhape. B« eald that he would have voted for
the MB If the com:r.!ttee had allowed on* amend
m«r.t which he had proposed and which vitally
affected tba Interests of his State. West Vir-
Eln!a. Tl:is amendment was as follows:
Th^t carriers of lmcrstat<s commerce shall
upon application, put in all necessary- switches
to inctt wants of shippers, make prompt con
nections and operating arrangements with con
necting branch or lateral lines, reasonable and
just division of through rates and make reason
able and jjst allowances to connecting lateral
'" branch lines lor originating freight. In case
YOUR AILMENT is NATURES
To overcome that ailment
You require Nature's Aeeietance
Is Nature's Own Remedy.
NO FAMILY SHOULD EVER BE
CAUTION Examine the CapnuU end tee
that it i* mark** ESO'f •FRUIT SALT '
vt*rmia* you teic the rtncerttt Jorm 0 ,
Prepared only by J. C. ENO. Ltd.
•FRUIT SALT* WORKS. London.
to.L.. Eng..by J.C. ENO'S Patent.
Wboi«M«.l« of Meser «- E. POL QEKA & Co..M
86. «.nd bO North Vl'iiilaja Street. N«w York
' of the refusal or failure on the part of such
carrier to provide proper switches for shippers
and to make proper and suitable connections
™* conneftfni? lateral or branch lines, through
rates end division of the same and Just and
™i -allowances for originating freight . operat
ing and running arrangements, the rtifroronres
between the parties shall be determined by the
Interetate Commerce Commission, and said car
rier Vhall abide by and carry Into effect the de
cision^ determination of the commission and
Sal district through which the railroad of said
carrier may run.
Senator Elkins declared that he would offer
this amendment In the Senate and obtain a rec
ord vote In the hope that it would be adopted.
He believed that the coal question had been set
tled to a large extent by the recent decision of
the Supreme Court. He pointed out that, while
he was earnestly In favor of a provision for a
court review, and would have supported the
bill If that amendment had been made to it. at
the same time he believed good results would
have been achieved by the adoption of his
amendment relating to lateral lines.
COMMITTEE CONTEST LONG.
The contest In the Senate Committee over the
railroad rate bill Is a memorable one. It was
started a year ago when the Esch-Tpwnsend
bill came from the House. That measure had a
hostile reception In the committee, and after it
became apparent that It could not be reported
to the Senate arrangements were made for an
Investigation of the whole subject of govern
ment regulation of rates. The committee was
in session practically all of last summer and
the investigation cost in round numbers 530,000.
Nearly a hundred meetings were held, and these
extended into the present cession of Congres?
without any report having been made.
The House took up the subject again at the
present session and passed the bill, which bears
Representative Hepburn's name. Senators Cul
lom. Dolliver and Clapp became its sponsors in
the Senate. Owing to the illness of Senator Cul
lom. the burden of the contest fell on Senators
Dolliver and Clapp. who defeated all amend
ments in a determined fight made by some of the
strongest men In the Senate. Several times
there had been efforts to bring the bill to a vote,
but these were fruitless until to-day.
Before the session to-day the result was in
doubt. The division of the Republican Senators
on the question of judicial review of orders of
the- Interstate Commerce Commission left the
Democratic members in absolute control. It was
apparent that if they divided the court review
amendment would be adopted. The minority
members, after vainly trying to get together last
night, held a second conference early this morn
ing. The expression at tire conference was to
report the bill without recommendation of any
character, but the agreement was not binding.
With that understanding the Democrats went
Into the meeting. It was not until the second
conference, in the recess of the session, that
they decided to stand together for the Hepburn
bill, and the resolutions finally adopted.
OPPOSES OLCOTT BILL.
Mr. Shrnc Says Public Customs
Hearings Would Hurt Importers.
(From Th« Tribune Bureau.]
Washington, Feb. 23 —A hearing on th« bill Intro
duced by Representative Oleott. of New-York, at
the instance of the Merchants' Association, for open
hearings In reeppralsement customs cases, de
veloped some Interesting te6timony before the
House Ways and Means Committee to-day. Sec
retary Shaw and Appraisers Marion de Vrles and
L F. Fisher, of New-York, appeared In opposition
to the bill. Secretary Shaw declared that the pres
ent system of taking testimony was the only prao
tteal cue and was both In the Interest of the gov
ernment and the Importers, the latter being espe
. tally opposed to throwing open the doors at the
hearings for tha reason that It -would enable cora
liftitors to learn their trade 6ecrets.
The provision* of the bill are that "all hearings
In reappraisement cases ehall be public: all docu
mentary evidence submitted on behalf of the gov
ernment, Including reports of government agents,
shall he 6hown to the Importer or his counsel; all
ti. messes called on behalf of the government shall
rive their testimony In the presence of the Importer
and be subject to cross-examination by the Importer
or his counsel."
Secretary Shaw eald that he did not believe the
principal importers or merchants were behind the
I'Ul, but that It was In the Interest of the con
signors, and that they were barking it. He had
had a special agent of the Treasury Department
Interview a number of merchants In New- York and
Boston, and many of the most representative Im
porters declared themselves opposed to making
hearings public. In practice, he said, the customs
appraisers, under the. present rules, wera able to
obtain much Information helpful In the settlement
of re&ppralsement cases that would be Impossible
if Urn h'arir.23 were made public, as then the In
formation furnished would be common knowledge
to compptlni? merchants, and one merchant might
seriously hurt the business of a manufacturer who
I sloped some epeclal kind of product, to the
o? which he wns entitled.
From the government's point of vlerw, he said,
the proposed legislation would produce endless liti
gation, and the hearings before the. appraisers
would be so prolonged and Involved that the cus
toms officers would be able to accomplish little. In
regard to the undervaluation of goods by Importers
Secretary Shaw cited the case of a German Im
porter who expressed the opinion that tt was not
wrong to undervalue goods, because the United
States government did not need the revenue. "That
was his point of view." eald Secretary Shaw. "Ours
Is different, but that Is the kind of thing we have
to contend with."
Representatives of the Merchants' Association of
New-York were present and testified. Wlckham
Smith, counsel for the association, protested against
the present method of taking testimony la reap
piaisement cases behind closed doors.
"I do not deny that there are merchants who un
dervalue their goods to evade the customs laws," he
said, "but there are disreputable men In every busi
ness, and It Is gross Injustice to the mass of tryjse
who are honest and reputable to have such a law
as this in effect for the sake of exposing the others.
A man who comes to you behind a closed door and
tells you something disparaging or mean about an
other is often telling a lie. Open hearings will
make everything above board and honest "
Referring to the general appraisers. Mr. Smith
said he did not see how they could be regarded as
Infallible or as experts In settling customs ca see.
••There l« no man living, he said, brUliant
eroMt'i or cute enough to be expert In cases of this
kind How can they know everything about silk
goods from Lyons, hides from Calcutta, sponges
fm-n \thens or any other of the thousands of
arti-lo's up« n which they have to pass. A great
d*:.l of their knowledge Is pretend
In answer to a suggestion from Secretary Shaw
that the recommendation for open hearings was
made by a committee of the Merchants' Associa
tion that was practically defunct, since it met six
co and one of the members had since died,
itive Olcott, author of the bill, said that
the Merchants' Association, as now constituted, re
cortel the report of that committee, and he fur
ther read a long list of names of representative
merchants in several cities who. he said, desired
the proposed legislation.
Appraifcer Pc Vrles said that many hearings of
the appraiser* were public, provided that the ln
tere«<* concerned In the hearing of the case would
hurt by publicity. The Board of Appraisers
• i-miiTf-il to use Its discretion In tho matter
of taking testimony.
WHITEHOUSE CLAIM IN DUE FORM.
Washington, Feb. 23.— connection with the ln»
(juiry being made by th« Senate Committee on For
eien Relations Into the merits of the Cops \Vhlte
house claim against the Egyptian government to &
vast tract of land, a letter has been received from
Boutros Pacha, the Egyptian Minister of Foreign
Affair?. establishing tb« fact that the Whltehouse
application was made in due form.
Newport, R. 1., Feb. 23.— Cope Whltehouse has
made extensive explorations in Africa, particularly
In Egypt. He discovered what be believed to be
the site of an ancient city In the Egyptian desert,
and took ctfps to obtain the title to a large area
of land, including this place. His purpose was to
reclaim an«l develop the «trid land by means of
irrigation. He has not yet been able to take pos-
.-eion of the land, ana he alleges that his claim
has been held up in the Egyptian Foreign Office
on technical grounds, without any right.
A GI'ATUNTEED CUBE FOR FILES.
Ilch!n£. Blind. Bieedtn» or Protruding Piles. Your
druggist will refund monty if PAZO OINTMENT fail*
to cur* joa ia « to it o*r*. f Os*
DAILY TRTBT'XE. SATURDAY. FEBRUARY 24. 1906.
3[R. FISH QUITS MUTUAL.
Continued from flrrt pu«e.
quartern If the supply will be found sufficient
for the demand. And it is thought that tho
mandatory nature of Insurance company Invest
ments may make considerable difference in the
ability of savings banks to keep up their pres
ent rates of interest. If the price of bonds goes
up the returns will correspondingly decrease,
the Income of the savings banks will fall off, and
with it the interest rate to depositors.
Another question of prime importance to the
financial district Is that of the control of the
trust companies which have heretofore been the
creatures of the insurance companies, and whose
value has rested so largely in having the Im
mense power of the Insurance companies behind
them. It was eald yesterday by a man of un
usual prominence In "vVall Street that as a re
sult of the Armstrong committee's recommenda
tions the control of these trust companies would
be found to rest in the hands of one man, and
that their power would be found to equal that
heretofore held by the great insurance compa
nies. Thomas F. Ryan was suggested as the man
who would be likely to control this tremendous
financial combination. The Morton Trust Com
pany, the Equitable and the Mercantile, It was
6aid, would be almost certain to be found as one,
and ultimately, probably, Ota Morton would ab
sorb the other two. These Institutions, It was
said, need not fear the withdrawal now of their
Insurance backing, for they had become so
powerful that they could well stand alone.
Although the officials of the large insurance
companies denied yesterday that any under
ground attempts would be made to defeat in
surance legislation, it may be said that steps
were taken in this city to organize one of the
most powerful lobbies ever sent to Albany. The
executive committees of the Mutual Life, the
New-York Life and the Equitable were in ses
sion and discussed tho Armstrong: committee's
report In all its bearings. Warned by tho sur
face Indications yesterday, the members of tho
Armstrong committee and their friends are pre
pared, it is said, to make it warm in Albany for
the insurance lobbyißts from tha time they ar
rive there until they have been driven out. As
semblyman Prentice, a member of the commit
tee, Raid that ho believed the report, particu
larly the recommendations bearing upon politics,
would be adopted by the Assembly without
any decided opposition. In his opinion the fight
would come In tha Senate. Senator McCarren
said that he thought most of the proposed bills
would be passed.
"WILL NOT DISCUSS REPORT.
On the plea that he had been too busy to read
the full report of the Armstrong committee and
would not have time to do so until to-morrow,
Charles A. Peabody, president of the Mutual
Ute, yesterday declined to discuss It. Speak
ing of the provision compelling the Insurance
companies to get rid of their stock holdings, he
said the Mutual Life had a fln© line of stocks
for Investment which it had required many
years to get together. Little difficulty would
be experienced, he 6ald. In marketing them If
the company should be compelled to do so.
"Have you heard of any concerted action on
the part of the large insurance companies to
oppose the recommendations of the Armstrong
"So." said Mr. Peabody. "I haven't heard a
word on that subject. But I want to say that
whatever attitude this company takes toward
the report. It will be don© openly and avowedly.
and whatever we have to say about It will be
said openly and as an expression of the opinion
of this company."
It la known, however, that Mr. Peabody la op
posed oncompromlsingly to the enactment of
any legislation which will compel his company
to get rid of Its stock holdings. No special
meeting of the trustees had been called, he said,
to consider tho report or any other phase of the
Mutual Life's business. In the Mutual Life
Building, however, the report was practically
the sole topic of discussion. One of the most
prominent officials of the company said:
The company would make much less money for
the policyholders if the investment restriction
/recommended were carried out. No difficulty would
be experienced in getting rid of our stocks, they
belns almost entirely high grade securities which
investors would be only too glai to obtain. In fact,
many investors have been itching for years to get
the Mutual Life 6tock holdings, and they would, ba
only too glad to have tlio legislature compel us to
put them on the market.
"I have been reading the report, but I haven't
finished it yet." said Alexander E. Orr, president
of the New-York Life. "The eubject will not be
taken up by the trustees at their meeting to
day, and I cannot yet express an opinion."
It was denied that the special meeting of the
New-York Life board was held for the purposa
of considering the report, and after the meeting
it was asserted that only routine business was
transacted, and that the resignation of John C.
McCall the secretary, had not been called for.
After a long consultation with the executive
officials of the Equitable Life, at which the
report of the Armstrong committee was consid
ered, Paul Morton, the president, gave out this
I have thus fr.r had time to read the report of th<»
Armstrong committee only very hurriedly. It Is
certainly a most able and exhaustive document, and
chows that the committee and Its counsel have done
their work with great courage, thoroughness and
intelligence. For this reason I feel bound to respect
their conclusions notwithstanding that I do not
UEree with them In some of their recommendations.
This is all I have to say In regard to the report at
M'CLINTOCK DISCUSSES, CHANGE).
. Emory McClintock, actuary for the Mutual
Life, and acknowledged by members of the Arm
strong committee and others to bo one- of th©
foremost life Insurance experts In the -world,
said, in discussing the report:
I can give one very strong impression which was
produced upon me by a hasty reading of the pa
pers, and that Is that the proposed bills appear to
dictate the policy forms, dividend conditions and
expense limitations for companies organized by
other States. Heretofore all legislation relating to
insurance contracts and the Internal management
of life insurance companies has been confined to
companies of the State enacting: the legislation.
There la no logical reason wl y every State should
not provide its own luws tor its own companies,
but there is every reason why no otate should med
dle with the contracts or internal management of
mutual companies situated In other States. It re
quires only a slight knowledge of past efforts in
that direction, sometimes heedlessly made by this
State or that State and usually soon abandoned, to
realize the amount of discord and confusion which
Is likely to result from so sweeping an attempt to
model the companies of all the Statoa according to
the one system enacted by the Legislature of New-
York aloile and to be administered by t hs Insurance
Superintendent of New-York. It Is a svrious
"What do you think of the recommendations
of the committee In relation to deferred divi
dend policies?" was asked.
I fancy If I was a member of the oonimlttee In the
present state of the public mind I would vote for
that report. I notice there Is an apparent idea
that it is Improper to use funds belonging to present
policyholders In procuring new business. This ihe
ory is quite new, and Is noi held seriously by any
actuary. 6O far as I am aware. If a company can
double Its business. It doubles tho basis upon which
to assess its fixed charges, so that the present
pollcyholders are certainly benefited by the opera
lion and can afford to contribute something toward
the expenses. In proposing to charge the expeive
of new business 60 that it sliull be borne entirely
by the new policies, the committee Is not only
adopting a novel theory, which ts without Justifica
tion, but It Is going t-quareiy against the practice
of all flourishing companies. The committee even
contradicts ifre standard view announced by Elizur
Wright, founder of the Massachusetts Insurance
D«partro*nt. He stated expressly that each with
drawn policy should leave enough behind It to ray
tiie cost of replacing the risk wlthd.awn. Tn otror
worde, tha so-called profits from lapsed and sur
rendered policies have always been considered to
be Justified by the necessity for securing a substi
tute rlsl-* The money that was saved always has
been h«r|i In theory to be applicable to that t ur
pose. 1m new theory of the committee on this
point, assuming it to be a theory, appears to be
that any money left behind by a lupi'.-d or sur
rendered policy should be divided Immediately ns
profits to other polkyholdera, and not used In pro
curing new business.
A. B. Hepburn, president O f the Chaae Na
tional Bank, said yesterday that ho approved
most heartily of the report of the Armstrong
committee, believing It reflected jrreat credit on
the committee and Its counsel. The recommend
ations in the report, he Bald, deserved to b«
adopted by the legislature and made effective to
cure Insurance evils.
Henry Clews said that the recommendation of
the committee to prevent future investment of
tha funds of Insurance companies in railroad
stocks or in bonds secured largely by such col
lateral was Important and ought to become law.
The funds of Insurance companies are l^.»," 1 "! l , t
sacred trust known to the financial w ° ' d - i£ *" «
they really belong to the widows and °fP han » or
the pollcyholders. They are a more *ac r f?. ,1"
than the funds of the savings hank*. If the sav
ings banks are to be prevented by law from vest
ing their funds In railroad stocks; why not the In
sirance companies. The sooner the insurance com
panies are kept out of gambling in stocks the bet-
T"do not think that the proposed change In the
law will limit the Held of Investment by the In
surance companies too much. The effect probably
■will bo to Increase slightly the market prices -of
bonds and decrease slightly the prices of stocks.
SAMUEL UNTERMTBR CRITICISES.
Samuel Untermyer, who will be counsel for
the Fish committee, when asked what attitude
the policyholders would take with respect to th«
Armstrong report, said:
■While the Armstrong report and Its rfcommfiniv
tlons are In most respects gratifying, 4 and the com
mittee and its counsel are entitled to the gratitude
of the community for the fairness and fearlessness
pf their report, some of Its recommendations are."
11l considered. As to those, the pollcyholders will
•want to be heard at the proper time, and will no
doubt be given the opportunity.
It would not be purprislng if in working out the
details of this complicated problem the committee
should have made some mistakes, which It will
doubtless be pleased to correct when lta attention
Is called to them.
While the existing managements of the companies
■were very properly permitted to submit their sug
gestions and recommendations, the pollcyholders, as
a body, have as yet had no opportunity of present
ing their views. Aa a result, some of the provisions
of the proposed legislation would have the effect of
perpetuating the management and continuing ex
isting abuses instead of correcting them.
The more Important objections to the proposed
legislation may be briefly and crudely summarized
First— lt unnecessarily continues In office and ex
tends the terms of office of the present managers
of the New- York and Mutual companies.
Thero appears to be. no reason why the present
trustees of the New- York Life Insurance Company
should be given seven months* further life or those
of the Mutual five months' further existence. If the
purpose of the committee had been to perpetuate
the existing managements (which I am sure It was
not) it could not be better served than by allowing
them to remain in office until tho storm blows over
and the Interest of everybody In the subject dies
Tho postponement of the election until June 18,
coupled with the, requirement that the lists of
pollcyholders be hied with the Superintendent of In
surance not later than April 15, will accomplish
Second— There appears to be no prohibition against
the officers of the company continuing the present
policy of gathering proxies at the expense of tae
Third— Xo provision Is made for distributing my
part of the existing surplus.
Frederic Cromwell, who will retire as treas
urer of the Mutual Life on March 1. will aall
for Kurope on March 27 on the Kaiser Wilhefcm
11. to be gone about seven months. Richard A.
MeCurdy and his wife and Mr. and Mrs. Louis
A. Thebaud will sail for Paris on March 1 for a
stay of at least a year. It is expected that Rob
ert H. MeCurdy will Join them later. The com
plaints In the suit of the Mutual Life against the
McCurdys, Thebaud and Raymond have not
been served yet, because the lawyers have not
finished drawing them. It may be several days
before service is made. Mr. Peabody said yes
terday that he had sent to the Truesdale com
mittee the opinion of Joseph H. Choate advis
ing the suits. A successor to Stuyvesant Fish
has not yet been •api olnted by the committee.
LAWYERS FRAMING SUITS.
The lawyers for the Xew-York <Jfe are hard
at work framing: the papers In the 6uits to be
brought against the estate of John A. McCall
and Andrew Hamilton to recover the funds of
that company. John G. Mllburn and William A.
Keener, counsel for the Fowler committee, are
drawing the papers. The next work of the com
mittee will be to take up the report of the Arm
strong committee and adopt such recommenda
tions as may be necessary to forestall legisla
No indictments were found yesterday by the
grand Jury against officiate of the Mutual Re
serve Life Insurance Company. The Jury has
not yet finished Its examination of witnesses. It
will resume the investigation on Monday.
The slate of officials to be elected at the an
nual meeting of the directors of the Equitable
Life next "Wednesday practically has been agTeed
upon by Thomas F. Ryan and Paul Morton, the
president of the society. It Is as follows: Presi
dent, Paul Morton; first vice-president, to be left
vacant; second vice-president. Gage E. Tarbell;
third vice-president. George T. Wilson: fourth
vice-president, to be abolished: secretary. Will
iam Alexander; controller. William A. Day;
treasurer, Henry Rogers Winthrop: cashier,
Michael Murray; assistant treasurer. W. B.
Bremner; superintendent of agencies. S. C. Boi
ling; actuary. J. O. Van Clse; assistant actuary,
Robert Henderson: associate actuary, R. Q.
Harm: auditor, F. TV". Jackson; assistant auditor,
H. R. Coursen; associate auditor, A. W. Maine;
medical directors, Drs. W. R. Bross and Arthur
Pell. Most of these officials will be elected by
the directors, but a few will be reappointed by
President Morton. The executive committee of
the society also will be reorganized. James H.
Hyde was formerly tirst vice-president of the
society, and William H. Mclntyre was fourth
H. M. Alexander said last night that his
father's condition was more encouraging than
at any time since his Illness. Dr. Keyes. the
family physician, said that the outlook for the
recovery of the former president of the Equi
table was exceedingly bright.
'I believe that before long Mr. Alexander will
be on the road to rapid recovery." Bald Dr.
Kcyea. "He has passed successfully the pri
mary shock of the operation."
Mrs. Alexander, who is In Europe, has not
been Informed of her husband's condition. She
is In ill health, and only in event of a decided
change for the worse in Mr. Alexander's condi
tion will a cable message Vie sent to her urging
her to return home.
WANTS WIDER INQUIRY.
Resolution to Investigate Industrial
Insurance Pleases Higgim.
[By Telegraph to The Tribune.!
Albany. Feb. — A new turn was given to
the Insurance situation to-day, when Senator
Grady presented for Senator Frawley a resolu
tion calling for the appointment of a Joint com
mittee to investigate the Industrial life Insur
ance companies of the State. This branch of the
Insurance field was little touched by the Arm
strong committee, especially on its more techni
cal side. Industrial Insurance la written by com
paratively few companies. Only three companies
carry on the business in extended detail.
Senator Frawley's resolution, which was re
ferred to the Insurance Committee, says that it
Is fair to assume that the same irregularities
are existing In the industrial companies as those
which were disclosed by the Armstrong Investi
gation In the other concerns. It calls for a com
mittee of three Senators and five Assemblymen,
with full power to summon witnesses and compel
the production of documents. An appro 4 . nation
of $10,000 Is made.
Governor Hlggins to-night expressed satisfac
tion with the work of the Armstrong commit
tee. He had read most of the report, he said, al
though he had not digested the details and fig
ures yet. -
My desire, when the legislature took action
and the committee was selected." he said, "was
that it should through Its counsel be enabled to
ascertain the facts relating to the conduct of the
life Insurance companies of the State. I think
they have discharged that duty faithful 1;' and
well. Much Information, of course, which they
have been able to obtain, which perhaps other
wise would have been unobtainable, was due to
the Internal dissensions in certain of the life in
"I have no comment to make on the bills.
They will receive my careful attention when
t^ey come to me." laughed the Governor In
answer to an inquiry If he expected the bill*
"I have not appointed a, successor to Bup«rla-
tJ HAVE OPENED
TENTH GREATER NEW YORK STORE
28 EAST 59 1 ? STREET.
BET. MADJSOS Si FffTE AVEXUES.
BONBONS and CHOCOLATES,
PURE ! FRESH I DELICIOUS !
ALSO LARGE LINE OF
E\NCY BOXES. BASKETS, EVVORS & NWTLTIES
OUR ICE CREAM SODA
AND OTHER FOUNTAIN DRINKS
CA-NDIES SENT EmmSTIERE BY MAIL OR EXPRESS.
OPEN EVEMING& 1
Art Exhibitions and Sales. I Art Exhibitions and Sale*
■ — *— --~-— — ■ — ■• ' '" i - i " i ~ " ■ *■■■'■«
American Art Galleries
MADISON SQUARE SOLTM. NEW YORK.
On Free View Day and Evening
A VALUABLE COLLECTION
BY DISTINGUISHED ARTISTS OF THE MODERN
French, Dutch and American Schools
Mr. PETER A. SCHEMM, Mr. LOUIS A. BIDDLE,
Mr. MOSES TANENBAUM,
Mr. WILLIAM SALOMON, Mr. SOLOMON MEHRBACH,
And the estate of the late HENRY STEERS,
To be sold at unrestricted Public Sale
AT MENDELSSOHN HALL
On Thursday and Friday Evenings next,
March Ist and 2nd, beginning promptly at 8:30 o'clock.
An Illustrated Catologue will be mailed on receipt of One Dollar*
The Sale Will Be Conducted by Thomas E. Kirby of
THE AMERICAN ART ASSOCIATION, MANAGERS,
6 East 23d Street. Madison Square South.
tendent Hendricks yet." he replied to another
question. "I do not know when I shall do so.
It will be at the earliest possible moment that I
can get a suitable man to take the place. These
t50,000t 50,000 fellows don't seem eager to tak^_ a
> 7.000 Job. I have not considered molding Su
perintendent Hendricks over until these bills
were passed. I don't think he would care to
remain that long."
The general impression here i 3 that the bills
will be passed, perhaps not in the Identical
shape In which they were drawn, but with the
ideas preserved Intact and only miner changes
made. They carry out so thoroughly the re
forms shown to be necessary that most of the
legislators are in favor of them.
The hearing that has been set for March t> Is
expected to bring out Information whlcty may
be of much value In Its bearings In the frtrm of
the bills. No request has been received for the
hearing, but delegations from the various insur
ance companies are expected to attend to ex
press their views on the legislation.
Assemblyman Rogers said to-day that ths
bearing might briny out new Information.
"It may be the means of perfecting some of
the bills," said he. "but I have little doubt that
In the main the bills will be passed about as
they stand. All essential features certalftly will
be retained. The great public will demand that
they be passed. There may be a few details
changed, but any bills which become laws cer
tainly will follow the lines of those presented
by the committee."
NOT AFTER FISH'S PLACE.
Illinois Central Vice-President Denies Haxri
[By Telegraph to The Tribune.]
New-Orleans. Feb. 23.->I. T. Harahan. vice-presi
dent of the Illinois Central, who la In New-Orleans
to attend the carnival, denied yesterday in the
most unequivocal manner that there was anything
In the report that E. H. Harrtman had gained a
controlling interest In the Illinois Central, and ha
also said that there was no attempt being made
co far as he had been able to learn, on the part or
Mr. Harriman to oust StUyve3ant Fish from the
"In my opinion.- said Mr. Harahan. " the whole
report la «imply the resalt of the insurant la
vestigation in New-York. Mr. Fish may have re
fused to do some of the things that Mr. Harriman
wanted, but I am certain that they are to-day the
best of friends. The question of the Kaintne of the
control of the Illinois Central by llirru. to"
never been considered by us. Mr. llurrlm; hat
always been a stockholder in the Illinois Central
and i Is T ml J. eh interested in the development of tho
road. If he has been buylnw additional stock In
the road there la nothing To Indicate It on th"
stock books. Th© transfers have never been made
in my opinion, and from all that I have been able
to learn, the" who 4 e report la simply bosb which
originated in gossip and which Is without founda
tion In fact. '
APPROVES MEMORIAL PLANS.
Washington. Feb. A—The Senate Committee on
the Library has made favorable reports on a num
ber of monument and memorial bills, m follows:
Tv F V B «nVl of John Paul J lv ' th Washington.
D. C. loO.OOo; of General James Miller, at Peters
boro. N. H.. $5,000; for a monument or memorial
at Point Pleasant. W. Va.. to commemora " tIS
battle of the Reunion fought theri
$10,000: equestrian statue of Major Oea«™i
John Stark at Manchester. N. H.7^ COO- Hi
part contribution toward the erection of a 'morni
mcliim cl ii a « Provlncetown. Mass.. In commemoTati.m
of the first landing of the Plnlms at CaiS Cod!
$40 0> 0; to aid In erectln X a monuimnt ooh»o M h» kS
tlefleld of Princeton. N. J. lift. 000; for the oreV.
•ration of a alt« and erection of a neVwSi V
WashlnKton. D C.. tor a etatue of Henry wLa
worth Lonsfellow. $4,000. and a joint resolution
or J the^.* reoU ? n of a monument to Sw-otha^
Lynda Dix at Hampden. Me.. $10,000. Uuroll
TO Cl'RB COUD IN ONE DVT
Take LAXATIVE BKOiiO Qulnlno TJbl«t« •*-- , ■
r.fund money if It falla to tun. K. \V tiiniv! 11 " 1
Bi-tur* U aa «a^r box. lit- N -uo\t-ri .:<-
Inflamed and Ble-edln< Gams. ; I I
DR. COLTOX'S SPECIFIC BJMZDT. "i
EDWARD G.COLTON.M.D., Specialist
in Extractios Te«tb with Mtrou* Oxide Gat.
811 FILXO.N ST.. BKOOIU.YN. >. X.
Drußsist* have It. M cents • botU
M'GVIRE FEARS RUBL
Says Bosses Must Stay Atcay from
James K. SlcGulre, former chairman of th« DM*
ocratic State Committee, now idenUfled wlta ttN
asphalt combination, la quoted la tha current n=a»
ber of "Democracy." in part, ad follows:
I was asked by the delegates from Central NsW'
l ork to act as one of tne delegates to :a« Uu
Democratic :>»ational Convention, but I replied tist
I had not attended conventions or comniUt**
me if, UnS3 since i had become connected wlta mo*
public service corporations, and that the deiesa:«»
s.iuuM be men who were believed to be- fr«» 3
tntanglins corporation alliances and that U» par^J
was destined to be- overwhelmingly defeated if seeS
men were permitted to noouuax* us candidates «si
mold Its piatforra. The feeling oa this subset *
P at £ r lo " day than two > ears » i>
lr tneae men. whose intentions the peoplo sospsc-i
or dstrust. rightly or wrongly, as the case may »,
have any love left for thd Democratic party. «
real interest in the- vital principles of Democrat
they will keep away troni Saratoga Spring -■■*•
tall, permitting th« masses of the party to n«a*
their own delegates, adopt their own platform. ■•■
lect a ticket named by the people, and not by «J
called leaders or committees, represents? *«■<••
Interesta or sp*je!al privUeges.
«, ,K l i 3i 3 cotir^ t » Uoe3 not prevail, and the sasw oW
methods a- adhered to the ticket wiU be ssow^
«r n i er> and Mr. , WfiUwa X- Hearst cr ioa» ctiwj
strong independent candidate will be either Srst
tH,i 8 i coz ?2i ? ,t!:, t!:c l . rac *- and the Democratic pa^
whi be third ta the race, will lose Its place on t£*
ballot and lose all of its election Uispectors. elec
tion boards and ballot clerks throughout th» S»'-*
thus effectlns the completo ruin of tha VemocnM
DOG SAVES A MAN'S LITE.
Barking Attracts Attention to StaWe Ha*
ager Hanging in a StalL
_ Oyp. a fox terrter - o»ne,i by David Little. <* *\*
KM 4th-ave.. Brooklyn, saved the l!f» of >**«*
Devine. of 95th- . and 4th-ave.. Brooklyn. »st
night. r><>v!r;e la manager for Little, whi> raa« •
live o- stable. Little was surprised at tHe »*•••
and whining of Gyp. and followed It to »•»«*■
the basement, where ha found Oevi'.is hanglnff «* J
a rope around hla n«ck.
Devtn© was taken to tIM Norwegian HosP *
where It Is Bald hla condition ta serious. nm *■*
tor said that if ha had huns two mlr.utea nwr* "
would have been dead.
EX^SPEAKER HENDERSON WORSE.
I>ubu>iue>. lowa. Feb. 23.— Ex- Speaker D*™
B. HemJoraon took a change for the wow* ***
afternoon. His condition is critical.
MRS. WINSLOW'S SOOTHING STEU?