Newspaper Page Text
V m LXVI X° 2L899.
RIOT UNDER RIVER BED.
POLK /: /V TUNXEL FIGHT.
Desperate Battle with Forty Work
men in Stifling Atmosphere.
Far under the bottom of the East River the
police fought ■ desperate battle with rioters last
night in the dense air of th« Belmont tunnel.
The police, unaccustomed to the deadly pressure,
for a time fought a losing battle, but at last
redjuced the twoscore of frenzied laborers to
fubmission. The result was a dozen badly
. It was a scene that would have delighted a
Dante; soil grimed men reeling and stumbling
et one another in the subterranean electric
rlare, every sound intensified manyfoid by the
heavy air. the multiplied roar of the patrolmen's
revolvers adding to the fiendishness of the
tumult. Rocks flew In every direction.
The police of the Bast Blsi street station,
railed to suppress the riot, found in Lock 3
of the Belmont tunnel more than forty work
mm. mostly foreigners. In battle. After peace
was restored Santo Mnzzelio. of No. 403 East
;Sth "X. was taken to Bellevue Hospital suf
fering from a fracture of the skull, five broken
ribs, internal Injuries and severe contusions of
the body. He will die. Michael Bchulsky, of
Vo. 871 First avenue, was locked up. charged
with felonious assault. More than a dozen of
the other workmen in the lock were hurt, but
refused to go to a hospital.
Aci-orfiing to Joseph Mum. ■he foreman of |
l/->ck 3. " Ezello and Schulsfcy got into an ar- j
rameni There bad boen hard feelings between |
the men for - reral days. The men clinched 1
r.nd ' urn trir-d to separate them. The other i
workers in the lock began to take sides. Maura j
faid that he -.vnuld stop the fight, and several of I
tho men pounced on him and dragged him*
to pe>t to his feet, ;uifi per
th^ men to let him go, saying that he
the fic'.it. Mauro realized his
' 0 '-y. ;!■- Loci; n is th^ furthest under the
river, md cut off completely from Locks 1 and 2.
ent to the 1 >ck U '•phone and
• ; iliCO.
Patrolmen Welzel. Swanston and Tobin were
hurried to the tunnel. They were lowered down
the shaft Into Lock I, and. regardless of the
high pressure in the third lock, hurried to'it.
The patrolmen drew their revolvers and or
dfred the men to put up their hands and retire
to tte furthest end of the loclr. < >ne man in the
crowd thivw a rock at the officers, Others fol-
Imved. and the tumult began again. Finally
Patrolman Tobin raised his revolver and fired
in the air.
■I'll kill the first man who raises a finger."
cried the plucky officer levelling his gun at the
The •' real had the desired effect, and the forty
m»n gathered into a group at the furthest end
of the lock.
The patrolmen, not used to '.lie high pressure,
ffclt their senses reel The workmen realized
tho situation and started to close In again on
•We'll kill you: We'll kill you! Let us fight
this thing out among ourselves," cried one man
in the group.
71 — -w.nceru-aiJvi«tio^»Jo»» O»<? group aEamrAvlth
Th^ir revolvers pointed into the crowd, and again
The crowd of workmen retreated.
Mazzelio and Schulsky, who. It is charged,
were the first to start the fight, did not break
invay on the arrival of the police. Finding that
i hey .id the others under control the patrolmen
advanced on the last two fighting men. Just as
they were being pulled apart Schulsky picked up
a heavy wrench and hit Mazzelio over the head
with it causing, the police say, a fractuce of the
The patrolmen had great difficulty in getting
the wounde-d man and Bchulsky out of the lock.
When Beholsfcy was placed under arrest a growl
went up from the group of workmen huddled in
the corner. They started to advance again, but
up;' intimidated by the revolvers in the offi
The police will try to arrest some of the other
TIIIKTY-OXi: LOST AT SEA.
Russian Steamer Founders in the
Crulf of Bothnia.
!,i!:don. <ii-t. St. — '■ The Hamburg correspondent
ef Th^ London Tribune*' reports the foundering:
ef the r.ussian steamer Jessica in the <Julf of
a Tne captain of the steamer and thirty
KILLED IX JiOA'IXa liOl'T.
Boy Dies in Gymnasium of Holy
John Bergen, eighteen years old. a steno
grapher, was fatally injured last night In a box
ing bout In the gymnasium of the Holy Cross
Church, at No. 821 West 4.id street. He was
boxing with John McGrath, also eighteen years
eld, of No. 101 West 47th street. Bergen was
hit over the heart several times. It was the
firut time he had ever had on boxing gloves.
McGrath was locked up at the West 47th
etreet station on a charge of homicide. He wept
bitterly in his cell, when telling of the Incidents
hading up to it. Father Smith, who is the
pyr.inafilum director, was present when Bergen
When Father Smith saw that Bergen was In
a serious condition, he called In Father Foley,
and the lad received the last rites of the church.
BCRGESS RE PI 1)1. t TED.
His Vieicg Contrary to Those of Ad
ministration, High Official Says.
[From The Tribui.o liuifau.J
Washington. Oct. 30.— The attack made upon
tfcs llon.-oe Doctrine and the protective tariff
ty John W. Burgebs, professor of American
history In the University of Berlin, has caused
considerable comment in administration circles.
This comment, it may be said, is, as a rule, any
thing but complimentary to Mr. Burgess, who
*•* th? Brat occupant of the Theodore Roosevelt
ITcfessorship In the University of Berlin.
"In making those remarks," said a. high ofll
cia'* of ih<s administration to-day, "Professor
Eurgess spoke entirely for himself. He did not
in any way reflect the views of the administra
tion. On the contrary, he gave expression to
■ssBBMBta directly opposed to those held by
lr « aJmin!«trs.tion and, I believe, by the whole
GEORGE W. CABLE TO WED.
L*xin»to*!. Ky., Oct. SO.— Announcement was mads
**"*■* or th« engagement of Miss Eva C. Steven
*>». of thu city, to Oeorge W. Cable, author and
«;rjrer. Miss £<ev«;nßon Is a daughter of ex-
SSRSf* 8*"8 *" B«beri Stevenson. The marriage will
jKJi »£?. in SSowaaber somewhere in the 10a bu
Jxr^tj '• \. <sr ** <:lnß tn« couple wlil go to North
t""s -"*iit., to live.
/••To-day, Wttm clond.r.
To-morrow, partly cloudy; northcajt wind*.
IN FRONT OF TAMMANY HALL IN 1905.
AHAftCHISTd IN KIOT.
ARREST EMMA GOLDMAN.
Police Take Ten Prisoners at An
"Down with the police"' "Kill the police; they
are worse lhari Russian officers!" were the cries
heard when the police of the Eldridge and the
.">th street stations tried to arrest a speaker at
an anarchistic meeting at No GC East 4th street
late last night.
A woman In the audience was leading an as
sault against the police.
Instead of arresting only the speaker the police
took ten prisoners besides. A number of them
were women and among them was Knma <;old
The first speaker of th^ night was Julius
Ed< Ison. a Russian iiiguist, of No. "1 Stanton
strict. He was locked ux> at the Central Office,
charged with inciting to riot.
According to the police, the woman who
started the assault on them when they tried to
arrest thr- .-speaker was Miss Lena Sweet, twenty
years old, of No. 104 East Ith street.
In liis speech Edelson said he bad been ar
rested by the polite Saturday night while ad
dressing a Czolgosz meeting In Forsyth street.
He said he was out on bail and would repeat
his sentiments of Saturday night. Among other
things the police quote Edelson as saying: "No
matter how much cz.olgosz has been damned
for his good work, we know that he was a
great man. He was a true hero. American
laws arc all made for bluffing. The people of
America are worse Muffed than the people of
Captain Shaw, of the -"ith street police station,
was at the meeting with several patrolmen an.l
roundsman in plain clothes. Toward the close
of the speech Captain Shaw decider! to have the
speaker arrested. Patrolman Schwartz started
forward to place EdH:«on under arrest.
According to the police, Lena Sweet sprang
into his path and tried to punch the officer.
The police say the young woman sprang on a
chair, waved her hand in the air and shouted,
"Down with the police!"
The cry was taken up on every side.
"The police are tyrants." screamed one old
gray haired man. using a chair as a stand.
"This is worse than Russia, brethren; do not
submit to such a disgrace."
Besides Emma Goldman, the prisoners said
tiny were Annie Pastor, of No. '.»'.» St. Mark's
Place; Rebecca Edelson, of No. ">7 stanton
street; Pauline Schlertllng, of No. 99 Bth street;
Rose Rogan, of No. T East W.d street; Joseph
Dillon, of No. 80 Allen street; William Gordon,
of No. J<", Orchard street; Harry Lang, of No.
114 East l'Jth street, and Horace Herkowite, of
No. 637 East sth street.
With the exception <"f the young woman,
Sweet, and the speaker of the evening. Edelson,
the prisoners were all held on a charge of dis
LABOR MEN FOR HUGHES.
Forty-five Troy Leaders Organize
]l:v TeJecrauh to The Tribune. l
Troy N. V.. Oct. 30. — Forty-five labor leaders
of this city, a labor union stronghold, met last
night and started a movement In labor circles
In favor of Charles E. Hughes as Governor. It
was a representative gathering of leaders of tho
unions of the city.
Jeremiah Collins, of the Coal Handlers' Union,
wa= chairman, and Neil W. atcPhail, of the
Cigannakers' Union, secretary.
Speeches were made calling attention to the
work of the last Legislature, in which the Re
publican majority was large. The fad was
emphasised that no other Legislature in the his
tory of New York State had passed so many
laws f.>r the benefit of organized labor. The
movement will receive further Impetus on Thurs
day right, when laboring men In general will be
Invited ami prominent labor speakers will be
present A parade will be held on Saturday or
DEMOC R- ITS IS SI E ( \ I LL.
Corning Men Want Voles for Mr.
Hughes to Save Their Party.
I My Tetesraptl to T>.« Trlbunf. ]
Corning, N. V.. Oct. 80. — Revolt against Hearst
among Democrats took shape to-day, when a
paper sigi.< d by twenty-live of the leading and
most Influential oldtime Democrats In the city
iraa printed In "The Coming Journal." The
We. the Democrats of the city of Corning, bold
that the action of the so-called Democratic con
vention at Buffalo was a betrayal of tin- party,
binding upon no one, and we urge all Democrats,
for th«: honor at the state and In order that the
punishment of those who betrayed the party
may l>* as effective as possible, to vote for
Charles E. Hughes, the Republican nominee for
The list of signers is headed by George B.
Bradley, a Democrat of sixty years 1 standing,
twice State Senator and twice elected justice of
the Supreme Court, serving in Appellate Divis
ion of Brooklyn, Other signers are: General
Austin Lathrop, for ten years Superintendent of
State Prisons under Governors Hill and Flower;
Frank D. Kingsbury, twice president of the New
York State League of Building: and Loan Asso
ciations and last year president of the National
League. Two signers. Joseph Boyle and Will
iam M. Brewer, are leading New York Central
locomotive engineers. Many other Democrats In
Corning will vote, for Mr. Hushes. , ,_ _
NEW- YORK. WEDXESDA^OCTOBER 31. 1906.-SIXTEEX PAGES-
TAMMANY THEN AND NOW.
PRESIDENT TRIMS HEARST NOT WORTH REPLY
HIS EARNEST SUPPORT OF MR. HUGHES WILL BE
EXPRESSED BY SECRETARY ROOT.
[From The Tribune Bureau.]
Washington, Oct. 30. — The President does not
believe that the voters of New York State have
any doubts about his position and does not see
why he should further define his attitude tow
ard the Republican candidate for Governor or
the platform on which he stands.
To the efforts of Mr. Hearst's managers to
prove by placard and parallel columns that
the speeches cf the President ar.d the Demo
cratic candidate are similar in sentiment no at
tention whatever can be given. The mere ex
pression of lofty sentiments by Mr. Hearst no
more proves him worthy of the Governorship
than they would of the Presidency, and the
coupling cf certain sentences he has uttered
with those spoken by the President when taken
out of the context of spsechss in which they
were contained will rot convince any right
thinking person that there is anything whatever
in common between the two men.
It is pointed out that the worst of men as well
as the most debasing of newspapers may at
times voice the noblest sentiments. The mers
prating of virtue does not prevent them from
being a power for evil. The President does not
believe that this campaign thunder is of suffi
cient consequence to be dignified by his notice.
This statement may be accepted as giving
President Roosevelt's final decision on the ap
peals to him to sneak in the New York cam
paign, and as he will leave here to-morrow for
Virginia, where he will hear no sounds from
the political hattUflt 11 * 1 for- at least- five days.,
any Idea of his personal participation in the
struggle may be put aside. Those who have
hoped that the President would "take a hand"
in the fight may derive some comfort, however,
from the fact that Secretary Root will speak
at Utica on Thursday as the representative of
the President The Secretary has conferred with
the President a number of times in the last few
days, and has read to him nearly, if not quite,
all the speech he is to deliver at Utica. The
TAKE CITY DOOR KfIOBS.
Vandals at Work on New Hall of
The new Hall of no.-or.is, which the city has
been getting ready tor municipal work for six
years and which has been fitted up in part t;>
accommodate a few employes of the city, Has
been open for Inspection for some days. It ap
pears that vandala have been carrying away
the building or its furnishings in particles.
For Beveral days articles have been missing.
The brass numbers on the .".ours of r ioma are
rot all there inspection showed that doors on
nearly every floor had suffered. Doorknobs,
too. were missing on many doors. Other brass
article's have been missed, pieces of ornamental
brass decorating railings, cornices and arc light
lamps of blown slap?.
Whether the thieves wanted to turn the orna
ments Into money or were curio hunters or
merely malicious is not yet known.
The men in charge of the hull have b< n more
careful since yesterday morning nnd are on
the watch for vandals and curio hunters. It
will take a month or more, probably, to refit
some of the denuded doors.
GERMAN STEAMER SUNK.
Twenty-three Drowned in Collision
in the Channel.
Ostend, Belgium, Oct. 30.— The German steam
er Hermann, from Antwerp, for the Mediterra
nean. wasßunk in the Channel on October 28. as
tne result of a collision near the East <; twins.
Twenty-three of her rrew were drowned. The
name of the other vessel is noi known, but it
wafl ascertained thai she, had four masts.
The Hermann was an Hen vessel, of 1.4R3 tons
gh( arrl ved ai Antwerp Octobei 15 from
,,',,, she was buili a( Newcastle in 1881. and
w . as OWB ed by the Bremen Steamship Company.
SPELLING AND THE SUPREME COURT.
Comment on Use of a Simplified Form in
Quotation from an Opinion.
..•,..■.,,,..,.,-.;, Oct. 80 The question of the pro
„;,„,; of using the sim,.l!Jl f .rt spelling •« Inci
dentally raised to-day In the .Supreme Court.
Solicitor General Hoyt In his argument hail «•
easlori to ...fr-r to a long quotation In bit brief
front a decision of the court rendered some years
-co by Justice Bradley. In the. brief the word
•through" was spelled "thru." Chief Justice Fuller
i ,».i copy of the brief, and when the word was
reached Interrupted Mr Hoyt with a question as
to whether the extract was intended to he a guota
tinV from Justice Bradley'i official opinion.
••In all except the spelling." replied Mr Ho;t.
••Ah*' responded tho chief Justice, with an in
flAetio'n that caused a central smile through the
courtroom The solicitor general explained that
the Department of Justice had attempted to follow
the new order of spelling, and added, that while
he considered it proper to pursue this course. In the
original t"xt of the department's briefs, he did
n«>rfe«l that the department was Justified in chang
ing the. orthography "' Judicial opinions. He said
that In the future such changes would be guarded
ngulnst. The court hu» not adopted the simjiljfled
eyelllns system. _ ./..,;,; .
(Courtesy of Collier's W eekly.)
President approves every word of it, and if the
New York Republicans would know just where
the President stands— and who among them does
not know?— all they need do to ascertain his
sentiments is to lls'en to his Secretary of State
when he makes his earnest appeal for Hughes
and against Hearst.
The Hearst publicity bureau has sent broad
cast throughout the state hundreds of thousands
of pamphlets showing in parallel columns the
views of President Roosevelt and Hearst on
questions affecting the public at large. The un
derlying motive is to make the masses believe
that Hearst's views and the President's are
similar. Ignorant persons might construe this
pamphlet as meaning thai Hearst was indorsed
by ihe I "resident.
The pamphlet cites parts of the President's
speech at the 200 th anniversary celebration of
Christ's Episcopal Church at Oyster Bay on Sep
tember N i.ist. iii which hr said that the multi
millionaire was a good to a community if he
appreciated the fact that he was only a trustee
of the vast sums In his possession. Hearst is
then quoted* as saying that he was not opposed
to the legitimate accumulation of wealth. Again,
the President's "muck rake" speech is cited, and
opposite ii a paragraph from Hearsfs letter of
acceptance to the Independence League.
Pictures of the President and Hearst appear
at the head of each column.
Chairman Woodruff of the Republican State
Committee yesterday looked through one of
these Hearst circulars and said he considered
it a cheap attempt !o switch some of the Presi
dent's acknowledged popularity and influence
lo the Hearst side i;i this canipaign.
"This is a cheap trick."' declared Mr. Wood
ruff, "but at the fame tinn it is serious as
showing just how far those people will go in
their efforts to elect Hearst. I have looked over
all this circular. I lon't know what the Presi
dent will think about it when he sees it. I
know that he has maintained all along a policy
of not interfering in state politics, and has
taken no part in the Hughes campaign save his
telegram to Mr. Hughes on the day of the con
vention and his declaration to Marcus Braun
tha the was not for Hearst by any means."
CABMEN FIGHT POLICE
Strikers Smash Waldorf Wmdonss
in Lively Battle.
A hundred striking chauffeurs started a ri>t
about midnight las' night at the Waldorf-
Astoria. In a hot fight with the police bricks
were thrown through the hotel windows and
those of an adjacent Jewelery store. William
Jones, of Xo. l'."i-i."> Marion avenue. The Bronx,
v. ho was on the box of an electric cab. had his
head cut by a missile and George Duell, a
striking chaafCeur, living at No. 331 West -l'.hn
street, was arrested.
Joni s. accompanle i by Frank 1?. Cullen, a
special policeman, drove up to the Waldorf last
night in answer to a call and received as fares
Mr. and Mrs i. W. Wilcox, of No. »m!> Madison
avenue, and W. <;. H. Washington, who lives
at the Calumet Club When the cab started to
leave the hotel the striking: nackmen and cab
men closed in around it.
Jones forced his way out and gm as far as
;*-4 th street and Fif'h avenue, where a man
who. according to Special Officer Cullen, was a
walking delegate tor the striking chauffeurs,
Stopped the cab and asked Jones and Cullen to
get down from their seat. They refused. About
o:ie hundred men dosed in and the rlpht began.
The din frightem d Mrs. Wilcox into hysterics.
Several patrolmen came running to th* scene
and laid aboul themselves with their nightsticks.
but they were quickly swept into the midst of
Finally reserves arrived and made a fresh
assauli mi the mob. They drove it back and"
held iin cab Bafe from further attack.
Earlier in the day six striking chauffeurs wore
arrested on complaint of the New York Trans
portation Company, but no serious disturbances
FLAGMAN SAVES LIVES.
Stops Train a Fete Feet from
A big trolley car. crowded almost to Its limit,
became disabled last night as it was crossing the
tracks of the Long Branch division of the Cen
tral Railroad of New Jersey, near Elizabeth.
The 1 engineer of the Lakewood Express suc
ceeded in stepping his train when only twenty
feet from the car, which still contained some
As the car was going across the rails Of the
steam road a fuse blew out and -the trolley car
stopped. An express bound for Lakewood had
passed the EUzabethport station and was fast
Betting up speed. The passengers in the trolley
oar saw the oncoming headlights and there was
a panic. Several women fainted, men and
women rushed for the doors and some tried to
crawl through the windows.
Vincent Morelli, the flagman at the crossing,
picked up ■ red lantern and ran down the track
toward the oncoming 'rain, waving the lantern.
The engineer paw the danger signal and prompt
ly applied the emergency brakes, bringing his
train to a stop, a short distance from the car.
GREAT BEAR SPRING WATER.
"Its Purity has mud* 'it faraou«,"— Advt.
IN FRONT OF TAMMANY HALL IV lnftt.
HUGHES'S RECORD DAY.
MA KES TEX SPEECHES.
Big Croxcd Greets Candidate in
Oszccgo — A sser ts In depc ndencc.
fßy Teleeraph to Th<» Trlb'.:r.e 1
Oswogo. N. V., Oct. 30.— Here, on the shore of
Lake Ontario, in Oswego County. Charles E.
Hughes received a right royal welcome to
night. Speaking to nearly two thousand persons
in the Richardson Theatre, the Republican
candidate for Governor broke his campaign rec
ord to dat«, having addressed between eight
thousand and nine thousand persons to-day.
This morning Mr. Hughes made speeches to a
total of 6,500 persons at nine different places on
the loop, running to Niagara Kails over the main
line of the New York Central and back tc
Rochester ov.-r the branch. Five counties were
covered on this loop. Including Genesce, Erie,
Niagara, Orleans and Monroe.
While Mr. Bughes's private car was travelling
east from Rochester, which he left at 5:30
Veloek to-night, on his way to i iswego, by way
if Syracuse, it passed the special car which car
ried William Randolph Hearst west to Rochester,
where he was to speak at four meetings.
Owing to various delays It was S:4f> o'clock to
night before the Hughes special arrived here.
The meeting had been called for 9 o'clock, and
the auditorium was crowded. Several hundred
persons sacrificed their chances to get into th*
theatfv and welcomed Mr. Hughes with cheers
at the Midland station of the Ontario & West
ern Railroad. The cheers wen augmented by a
band which headed the procession to the theatre.
It was a hard proposition to get the candi
date through the crowd and onto the stag*, as
the fact that he was on his way quickly spread
around the audience, which was on edge and
ready to burst forth with a loud welcome when
Mr. Hughes appeared. After the cheering had
died dmvn, ■ local glee- etata sang ■ song, the
refrain of whirh went :
"Willie" won't be in it for a single bttfed mlnut*.
When the boys begin to vote In November.
It was an impressive gathering, crowding
every inch of space to the topmost gallery and
occupying the staircase. There was a larger
proportion of women than in the average cam
paign audience to which Mr. Hughes has spoken.
"NEW YORK'S NEXT GOVERNOR."
John K. Smith, the labor union Mayor, the
first chief executive elected by the Republicans
in Oswego In some years, presided. His intro
duction was admirably brief and to the point.
"Let me present the next Governor of the
State of New York. " he .said. And the audience
indorsed what he said with loud cries of ap
Here again Mr. Hughes was able, thanks to
the migratory life of a minister, to sper.k in
opening his address of pleasant memories of
boyhood days. Mr. Huches's father was paste*
of the FJapt'.st Church h~re for several years in
the late t'Kt's.
Mr. Hughes spoke at some length on the be
trayal of the Independence League by Hearst in
Buffalo and by his deals with various bosses
over local nominations This was particularly
well received because in the audience were many
of the seven hundred followers of ex-Mayor
James K. Mansfield. He ;« the man who, aftet
being placed in the Mayor's chair by Charles N.
Rulger, Democratic boss of this region, tried to
g°t the organization away from him
Mansfield was the original Hearst man here,
having started an Independence League last
summer, but when Hearst went over to Murphy,
body and soul. Mansfield became distrusted with
him. When Hearst was here two weeks ago he
came under the auspices of Bulger.
The result was thai the Independence League
went to pieces and Mansfield and most of bis
friends will vote for Hughes, although they are
not saying s-o for publication.
In other parts of his soeech Mr. H;:ghes said
an aspiration to be Governor was honorable only
when a man was free to do his duty He spoke
of the judiciary and other deals of Hearst with
Among the many Democrats on the stage was
whltehalred John A. Barry, former Editor of
"The Palladium." and a United States revenue
inspector. He was in a front seat, with a heavy
cane, and. he punctuated his entire approval of
Mr. Hughes and his doctrines by pounding vio
lently on the stage. There were several others
in the cane brigade.
"We want no anarchy in the name of reform"
started the -canes to thumping vigorously and
the hands of the others to clapping. Mr.
Hughes said, in part:
We are through. I hope, with conditions under
which a representative of the people owes alle
fiance to tome one not the people We desire to
have it understood that every man that goes
to Washington or to All any through the votes
if his fellow citizens shall understand that he is
responsible to these constituents for his dis
charge Of his duty, unfettered by any Interest,
only according to his conscience. And when a
man comes home to give an account of himself
and says thnt he has done ;his or that because
he believed it to be tight, while he may be dis
agreed with by his constituents, he will be just
ly respected if he has acted as his conscience
The American people da not require servitude.
They require service, honorable service that a
man can give who holds his own self-respect
intact and who walks In the light of his own
manhood. There is no part of our system of
government which should be so carefully pro
tected from any interference on the part of ■
boss as the Judicial branch of <»ur government.
There Is no better test of a man's real inde
pendent attitude, then la no better criterion of
his real respect for an unfettered and conscien
tious discharge of public duty, than his attitude
toward the justices whom we place In out courts
to dispense Justice impartially and according
We rind the boss of Tammany Hall virtually
appointing judges to the bench, and know thai
it exemplifies the most reprehensible part of the
Continued on tecoad »•s•»
PRICE THREE CENTS.
LEAGUE WINS ITS CASE
TAMMANY MEN HELPED.
Court of Appeals Decision Sustain*
Albany. Oct. 30. — The Court of Appeals de
cided to-night that the making of independent
nominations by multiple petition was not con
trary, to the election statute, and affirmed tho
right of th*» Independence League to make such
nominations. The court also decided that in
case of Judicial nominations the certificate filed
first had prior claim, and that the Independencs
League had a right to designate its o>n candi
The decisions were handed down at 11:15
o'clock to-night, following a special session of
the court, which convened at 2:30 o'clock to-day
for tho purpose of hearing the appeals frora
Appellate Division orders in the New York City
As a result of the decisions these candidates
will be placed in the Independence League col- -
umn on the official ballot:
Edward J. Hannah. Labor and Independence)
League candidate in the 18th Assembly District,
Francis E. Shober. Tammany candidate in the
lah Congress District.
Sherman S. Momand. Tammany candidate in
18th Senate District.
Charles V. Fornes, Tammany candidate In th»
11th Congress District.
William Sohmer. Tammany candidate in th«
12th Senate District.
Henry M. GoldfogTe. Tammany candidate in
the 9th Congress District.
Judge Otto Rosalsky's name will also go Into
the Independence League column.
The nomination of John J. Brady for the Su
preme Court, the court held, could not be placed
in th.A Independence League column.
The court dismissed the appeals in the other
cases on the ground that questions of fact were,
involved which would have to be passed upon
by the Appellate Division. Under ordinary cir
cumstances these cases would be sent back to
the Appellate Division for review, but this can
not be done, for the reason that the latter court
could not dispose of them in time to permit the
printing of the official ballot.
DECISION BY THE WHOLE COURT.
Judge Gray read the decision which was by
the whole court. It follows:
Six of the appeals before us ere from orders of
the Appellate Division reversing on the law only
decisions of th* Special Term. The sole ques
tion involved in these appeals is whether, when
certificates for Independent nominations are re
quired to be filed in the same office, any one of
such certificates shall be held invalid because it
is made for the nomination of more than one
candidate, the electors in. iking it being qualified
to make a certificate for the nomination of all
the candidates mentioned therein. We find
nothing in the statute which, forbids nominating
I certificates of this character; nor does there
seem to be any practical ground which would be
fatal to their validity. This Is in accordance
with repeated decisions of this court and of the
Appellate Division that the election law should
be construed ÜbersJrj to give effect to the will of
the people.. These views lead to a reversal of
the order of the Appellate Division in these
cases and to the affirmance of the order of the
The foregoing relates to matter of applica
tion of Edward J. Hannah: matter of tne-on
plication of William S. Bennet; matter of the
application of Martin Saxe; matter of the appli
cation of Charles W. Letter; matter of the ap
plication of Samuel Hoffman, and matt*-r~of-tfc9 *"
application of Charles S. Adler
In certain of the other cases the ord«»r of the
Appellate Division is based upon the ground
that the party appealing to the special term
from the determination of the Board of Elec
tions had no sufficient standing for thai pur
pose, not being a party to the proceeding In
this view of the Appellate Division we concur,
it being in accordance with our previous decision
<lV« V Y at 4- I *>" the Social Democratic party
As to the question raised in one of the appeals
(matter of the application or Samuel E. Terry)
that the person nominated would be disqualified
from election as a member of Assembly because
a commissioner of deeds, we are of opinion that
that question cannot be determined In proceed
ings with reference to the certificate of nomina
tion, hut must be left to the Assembly to deter
mine in case of his election. The case of the
People ex rei Sherwood vs. State Board of Can
rassers (120 N. Y. :srtO> decides only that the
court will not giro a disqualified candidate af
firmative relief, but it does not authorize such a
proceeding as this to have a nomination de
In the appeals relating to the nominations for
judicial offices, we concur in the opinion of the
Appellate Division that Mr. John J. Brady could
not under the statute be placed in the column,
under the emblem of the Independence League.
PRIOR PETITIONS GOOD.
As to the contest between the several sets of
Independence Id ague nominations, we are of
opinion thru the certificate first filed under that
title was entitled to preference; provided that.
under the provisions of Section 56 of the Elec
tion law. it was filed by the same "Independent
body" which had made the state nominations.
Whether the electors who joined In the first
certificate, or those who made the second cer
tificate, were the same -Independent body" pre
sented ■■< question of fact on which the decisions
of the courts below conclude us.
In the remaining cases we are of opinion, de
spite the forceful arguments on behalf of some
of the appellants, that the objections filed raise,!
Issues of fact, the determination of which rested
with the Board of Elections; subject to review
by the Supreme Court in both branches. With
such determination w»- cannot interfere, as tha
order in each of these cases is silent as to ths
grounds on which It proceeds. Therefore. 1: may
have been based on a question of fact, and we
art precluded from reviewing it. This principle
is equally applicable to a case where the Appel
late Division had reversed, as to one where It
It follows thai in an of the other appeals, save
the six cases first mentioned, the order of th*
Appellate Division must be affirmed.
HILL REPRESENTS HEARST.
In the argument which was held before the
court this afternoon ex-Senator David B. Hill
and Herbert A. Limburg represented th-» Inde
pendence League, Daniel F. Cobalan. R. R. Mof
fa:t ami John Duling the Democratic organiza
tion, and A. S. Gilbert William S. Bennet in the
argument before the court Louis A. Marshall,
of New York! appeared for Congressman Gold
The rases argued were the appeals in the ap
plications of the following*:
Edward J. Hannah, lMh Assembly District-
William S. Bennet: 17th Congress; Martin Saxe
18th Senate; Charles W. Letter. 11th Confess*
Samuel Hoffman, i-tii Senate; Charles S. Adler!
!>ih Congress; John c. Coleman, one case; Thomas
Gloster, IlthrAsseWly; Godfrey E. I -hner. ,"ih
Assembly; Thomas i-. Long. I.sth Senate; Frank-
lyn Quinby. Hth Congress; Samuel E. Terry. :"»l'h
Assembly; Charles H. Hussey. J)th Assembly;
William A. Kerns, ".'_M Assembly; Thomas Rock.
1 4th Senate: Charles E. Gehiing. lL'th Congress-
William B. Logan. In re Harrison. ll'.th Congress);
William B. Logan, in re Fray. Icy. "Oth Senate;
William B. Log In re Prince, 2Hth Assembly-
WiUlffcm B. Logan, In re Ganly. IMth Assembly;
Harry B. Davis, i«.t!> Congress. I*o th Senate. !Mth
Assembly aivl -<>th Assembly; James 1 A. Lyon.
•_'t»th Senate: Samuel Greenberg. SUi Assembly;
Frederick D. Rlley. «hh Assembly; Gustav h
Rrevillier. three cases; Charles E. Gehring. on*,
The court which heard the arguments was)
composed of Chief Judge Cullen and Ju<ls<)9
Gray. Baitlett. Wlllard Bartlett. Chase Hlscock
and Werner. Judge Cullen at the opening of
court announced that the cases involving multi
ple nominations would be heard first.
Upward of twenty-five attorneys were present
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