Newspaper Page Text
v ' *' •' ' ■-
V OL IAYHI , X° 22,675.
L\ 11. HAURLMAS WTINS
SEED XOT MAKE REPLY
Supreme Court Defines Interstate
Commerce Commission's Pozc
ers of Inquiry.
r , - B Hnrrhnan and otto h. Kahn
( . , Commission,
tes held to
te t ■ ■ - ■
i ' en begun «
.' .~ • |
■ • • • by the
ing« riman as |
Justice Holmes said that the mission's in
_..:_.>c should be cfinfin"*! to ca«<*s in which
MgHdaint had been ma<ie, and that privacy
should be properly regarded in proceedings be-
EBB by " hP commission for its own purposes.
ji» a*? 5" a * d that tne P° w er?= conferred in the
i-ter-fta:' 1 - commerce law exceed any others
stjth have ever b*>en delegated to an execu
ijr? bofiy by lawmakers. His words on the
jtattHlon of the commission*:* power of in
quiry were in part as follows:
"We ar» of opinion that the purposes of the act
jet •"Men the commission may exact evidence
Msbrac* 1 " r: -" complaints for violation of the act
iadlnv»sti?ation* by the commission upon mat
jcts that might ha\e been mad- the subject of
complaint. The main run>oj?e of th^ act was to
Isolate :he interstate business of carriers, and
•jJja secondary purpose, that for which the com
mission was established, was to enforce the
rccu'.atior.s enacted In other srords. the power
to require testimony is limited, as it usually is
in English speaking countries, at* least, to the
only cases •rhere the sacrifice of privacy is
oecessarv— those where the investigations con
tern a. speciSc breach of the law.
THREE JUSTICES DISSENT.
In a ois^er.tirij opinion, which was ■urred
in by Justices Harlan and ilcKenna. Justice
Day declared that tbe effect of the opinion of
the majority of the court would be materially
to narrow the scope of the intersi comrrß-rce
law. The three justices took the position that
the questions of the commission, fo far as-they
•srer* FUPtained by the. United States Circuit
Court for the them District of New York.
■were €niirely proper under the la\^, and should
have been answered by Messrs. Harriman and
Kahr.. Justice Harlan went even further, and
Led that all the commission's questions should
have been answered. Justice Moody did not
take jr;art In the ccise.
No surprite was expressed by the Interstate
Conferee Commission at the decision. It is
sot felt by the commission that the decision
vUI seriously affect its powers of railroad regu
lation. The question passed on by the Supreme
Ct>un is considered by the ramisa n to be
I&rgr'y academic, as the estlona put to Mr.
Harri-an and Mr. Kahn did not materially af-
I*-n the determination of the so-called •"Harri
Chairman KnarP said he did not care to be
quoted concerning the decision, as he had not
€i£ra:r.ed :t. but he was inclined to the opinion
that it would not detract in any material way
from the powers of the commission in making
irv«t: cations regarding railway transactions.
This opinion was concurred in by other mem
bers of T h» commission, some of whom had ex
pected ihe decision.
HISTORY OF THE CASE.
The case came to the Supreme Court on cross
appeal by Mr. Harriman and the government
from the decision of the Circuit Court of the
United States for the Southern District of New
York, holding that Mr. Harriman Ehduld be
cp^-.^Kec to reply to most of the questions. It
trose in connection with the order of the com
dissjor. of November 15. 1906. directing an in-
Qahy into the combination of the Union Pacific
road with such other lines as the Southern Pa
::f:c. the Atchteon, Top^ka & Santa Fe. th»
Northern Pacific, the Great Northern, the lIU-
Ecis Central, the Chicago & Alton and the New
York Central. This order v.-as sweeping in
character, and was intended to develop th<>
facts regarding the "community of interest" be
tveen th*- Union Pacific and other roads, the
practioes and methods of the roads, the rat<=s
daie. etc It was also hoped that II would
bring out the facts regarding the transfer of
■tool ol other roads to the Union Pacific.
When Mr. Harrirr.an was put on the stand
be fcdined to F ay wh^Lher he had owned any
of the Chicago & Alton stock which was i«ur
chased by the Union Pacific, the price of which
fcao be«a nxed by himself; whether a portion of
the stock of the Illinois Central had been ac
tu:rei by a pool of which he was a member
with the view of telling it to the Union Pacific,
axrf whether the Union Pacific directors were
::.:or<i=:r-d : n the New York Central stock ac-
Ottired by the L*i ■ Pacific. He also declined
to cay how much oi the stock of the Atchison.
Topeka & Santa Ke was owned by directors at
the Cnion Pacific.
The Orcuit Court directed Mr. Harriman to
answer these questions, and he responded by
appealing to the Supreme Court. The appeal
tff the government from the decision «jf the court
*as based on the refusal of the lower court to
compel Mr. Harriman to answer a question 'as
to whether he had purchased stock in the Union
Pacific in anticipation of an Increased dividend.
Thei* vac a!.='> a proofing against otto H.
Xb.tr.. a member of the New York banking
house of Kuhn, I^oeb & Co.. who were the finan
cial ap'nts of the Union Pacific, similar to
that against Harriman. Mr. Kahn refused to
answer covering the points on which
*ir. Harriman de^lim-d to «-nt<-r.
IJcch interest has Ixv-n felt in the case be
cau«.«- <,f its importance, and the announce-
SWnt -if the <«jurt's decision, which was made
t> Justice Holmes, was heard with <U— j, in
*«T*-*t by thosr- i resent in the court. Th» opin
icp reversed the decision of the lower court, in
*■-> iar as it compelled responses, and affirmed
*i« r> r> rtion in which the court refused to compel
Recaroinc uk f:> '•*» <"O0 of J Hindis ontm! tixh cup
*■■**« to r.av br, purchased at fIU a diare:
"Mr Kurnmac v.ac that «tu<-k acquired I'jO.o^ I
*w«s] b} a pool of roa throe een«len»«» [Mr. lU.rj- ;
"5 H. H. li'*«re «n<! Jai.i« FtiilmanJ?"
"V 18! :• a'.juwed for the purpe*« of stnin* it la the |
"Wet. U*. r>.ork rurcha»d by >ou or a "> f iart ° r ll ;
*' * rcu-h !f, rPr r'nr^ tlian *17^ a «har«>. wMi ',;<•• >n- j
'•-ETion of turning It over t>> th» Colon ranfli?
"Mi vcu ha^ any Interest in lit [09.000 chare* which
JJ5* f " :i1 ef «h« r srr.« time by Kuhn. L<>~l> * Co, to tne
"•'■'*« :»-»t a<~Tj'e<S t>y a »> nil- it*- or l«/£l *or '- Ife
""V*" '.f MfUlax .t m tne t'rkn !>»■ !flc?"
r*Trn"-r.r *Trn"-r. the ttlnn Partite etrtdeod. «*lch »** «<•_
toiiHcccJ oa »ctt>D<l pajje.
to-,i,,,. PB ,ti, riomiy. \ KW-YOlt X TI'FKIMY DIY'FMHFR 15 • 1908 —TWELVE PAGES.
T.i morrow, rloudv and narmrr; «nu«h wind*. JI» >» - A V /JAIV, 1 I IjOI'AI, 1/IjV D.UL)i>ll -!•»» ''' l ' ( • A T T M^ M ~ d * ""
MAKE A $£500,000 SALE.
Big Deal by Owners of Builders'
An Investor purchased yesterday, through
Pease ft Elliman, for about 12,590.090. the Build
ers' Exchange Building, a modern twelve atory
fireproof loft, stall and office structure recently
erected on th» premises No. 29 to 35 West 32d
street and No. 30 to 34 West 33d street. William
and Julius Manger, the bankers, were the sellers.
This is one of the largest central Fifth avenue
tment deals reported in many years.
The building is diagonally opposite the Wal
dorf-Astoria. It fronts 100 feet in 32d street
and 52 feet 6 inches in 33d street, extending
through the block between Fifth avenue and
Broadway. It is entirely rented. The store on
the ground floor is occupied by the Brunswick-
Balke-CoUender Company, which moved in
shortly after the Parker Building fire.
The Builders' Exchange Building is tenanted
by many other weil known business firms. The
Building Trades Employers' Association has de
voted an entire floor to the exhibition of building
materials, and on another floor it maintains of
fices and clubrooms.
Among the tenants are t>. Appleton ft Co.,
ers; the Oxford Cnlversltj Press. James
<"larke & Co.. publishers; Henry Holt * Co.,
lers; Sperry &■ Hutchinson, dealers in
trading stamps, and Frank Seamons, advertising
The property was banight as a strictly invest
■ ■ purchase.
BARON' HELD AS THIEF.
Detectives Arrest Former Army
Officer. Who Confessed. The?/ Say.
Charged with baying robhe.i the apartment*
of Mr. and Mrs Charles Zur Heile. at No. 120
West l!2th street, who had befriended him
since his arrival in this country, a man who
gave the name of Baron Adolph yon Ptern-
Bchwert and said he was a former officer in the
■ gti ■ inns was locked up at Police Head
t night 1 Detectives Campbell and
On December I I Zur Holies complained
• • • elr home had been robbed of jewels valued
■• '• and the detectives were sent to investi
g ■ They suspected the -i.amn" from the first.
• znt Helles would not hear them. They
!. however, 'and followed yon Stern
• for several days When he appeared at
neraJ Postofllce they arrested him. He
then broke down and confessed to the crime. &<••
g to the * tectives
CAR STRIKE THREATENED
Philadelphia Rapid Transit Com
pany Ignore* Union.
■ ■ 11. — Replying to demands
for Increased wages and other concessions by
ranch of the Amalgamated At
tton of Street and Electric Railway employes,
I lladelphta Rapid Transit Company is*u<-d
a statement to-night, in which it was declared
■ • >mpany would hereafter refuse to
vith or recognise the representatives of
lalgamated Association, as a result of
mbers of the association
ten to strike.
A demand Is made for an increase in the
from 21 to U-"> cents an hour, with an
■ >nal fee of 25 cents a day to men on cars
who are called upon to instruct beginners.
CHARGE BELL COMPANY.
U. S. Telephone Concern Says $18,
000,000 Was Spent in Ohio Fight.
rw- 14. — Clai ade in the
gtates ill Court to-day that the
-. ephone Company had spent 518.000.000
•■ • States Telephone Company
The statement was made In connection with
the hearing- of the Bell company's demurrer to
th« <=■:. i foi a pcrmftn^nt Injunction prayed for
by the united States Telephone Companj in
support of the temporary Injunction granted
th^m two weeks ago by Judge Taylor.
The United States relephone Company alleges
that the Bell Telephone Company has caused
fourteen independent compnnies under exclu
sive contract with the United States company
for ninety-nine years to supply them with lon*
distance service and Influenced these companies
to break their contracts in favor of the Bell
The Bell company accuses the United States
company with forming a monopoly. It charges
that the r.greement is in violation of the anti
trust laws. The United States ompany re
taliated to-day by saying that it was not or
ganizing a trust, but merely fighting for life
with th*> Bell impany; hence its long distance
contract? with the Independents.
SEAS POUND THE CELTIC.
Battles Storm Throughout Passage
■GaUia in After 20-Day Trip.
■ <-....-. .r Celtic, whi<-h should have
. -.. on Baturdday but was held back
rrong westerly ca!^ and heavy head seas,
n yesterday with a passenger complement
i-as glad to set foot once more on land
breaking of a teakwood rail
; .he bridge, which was splintered by a
wave on Monday night of last week,
.. nting d eck fittings, the big liner
... • tnishap. The entire
. a twentj ne ! i-s «as one
. , . from MarseUles, ar
. •■ rday after ■ " r twenty days.
i, y bad weather throughout the
•- ■ arried away by
er her sun deck
• tli Captain Bouleuc had I n in-
the lookoul tor the Fabre
. . tr | a , which is either a derelict or ai
but be saw no trace
K. M. AN HONORABLE DEGREE.
Kitchen Mechanic as Dignified as Bachelor of
Arts, Says Mrs. Dan!
... n Th< KM
a Lid should
.-..! as beii ! " rl "
Id Mrs A H Dahl. wife or
n ■ talk here to-day She
for ii"! ' world
• .... . : inds 1 ■ ' ;i in ' ■
FACE DEATH IN SKIFF
JJCUr BLOWN UP MILES
FROM THE SHORE.
Five Fishermen Escape from Burn
ing Sloop and Then Fight for
Life in Rmcboat.
Suffering from burns, wet to the skin and
■weak from want nf food, five fisherman pulled
into aforson'a Landing, at Sheepphead Bay. last
night in a smail rowboat and told a thrilling talc
<>f how they had narrowly escaped death, when
their gasolene auxiliary, the Ilene, wi>nt to the
bottom, miles from the shore, after she had he»n
demolished by thr- explosion of the gasolene tar.k.
They had been without food Or shelter for nearly
The Ilene was owned by Captain John Sforsi n.
who was one of the victims. With Captain
Thomas Bell. Charles Cartwright, Daniel I.ane
don and Samuel Stout, Captain lionon sail >d
out of SheepsheMd Bay yesterday morning at 4
o'clock on the Ilene, In hope of making a good
catch of codfish. Captain Morson headed Its
sloop toward Tandy Hook, and although a heavy
pea was running, she made good time. When
the boat wm within two miles of the Bandy
Hook Light, the gasolene tank, in the stern. ex
Cartwright, Langdon and Stout, who were
on deck at the time, were thrown overboard by
the terrific impact caused by the explosion.
Captains ftforson and Bell were seated In the
cabin when the explosion crime, and they had ■>
break their way out with axes. Th- gasolene
spread over the deck, and at once th° sloop
was a mas? of flames. While the two im
prisoned captains fought desperately against the
flames the three other fishermen were struggling
in the icy water, rapidly becoming benumbed 1 y
th<» cold. It was every man for himself, but
finally Bell and Morson worked their way out
They had both been badly burned, and just as
they reached the deck, the Ilene began to <ir <
Cartwright, Langdon and Ptout were still
struggling around in the water. They finally
reached the rowboat, used as r tender, but they
had to use great care in clambering into It. as
the seas tossed it about like a cork.
"When they were all nearly exhausted one of
the ni^n got into the boat and helped the others
aboard. They were mile? from shore, and the
skiff sank deep In the water because of hr
heavy burden. The men worked in r«
the oars, and the long trip to Sheepshead Bay
was fraught with many thrilling moments.
on the way in they signalled every craft
which, hove in sight, but their signals were ia
vain, for none of the ships noticed their plight.
As the day advanced the fishermen became al
most famished with hung'T. They managed I •
keep warm, however, by changing places fre
quently at the oars, but every time they movel
about in the boat it rocked violently and threat
ened to capsize.
When at last they reached Sheepshead Bay
they were hurried to their homes, for all Of
them were greatly weakened and in need of
food and rest.
Oldest Human Remains Believed
Found by French Abbes.
Pans. Dec 14 --Abb*? Bouyssoß ari Rardon
who are supervising excavations at Chapelle
aux-Saints, in the Correze !">partnipn', hay«
discovered what are believed to be the oldest
j human remains, dating back 170.00fl years to the
middle of the Pleistocene Age. the latest period
of geolt pi' al history.
The skull pre=en»s a strong resemblance t<
that of a monkey, having a lonsr Jaw and bein^
devoid of canine teeth. The other bones are
arched, showing that man usually talked o n all-
The tkrWon has been acquired by th»
Natural History Museum of Paris.
IXDIAX REVOLT CHECKED
Xine Prominent Bengalis Arrested
Calcutta. Dec. 14 By the arresi of nine of tbe
nvst prominent Bengali leaders and the!- de
portation to a secret destination, the authorities
believe that they have successfully stopped the
seditious movement. All those arrested are men
of great prominence, one of them. Chunder
Malik, a Calcutta millionaire, who Is as Influ
• . :■ as Dutta is politically.
HER CHRISTMAS GIFT.
Pittsburg Girl Gets a Xe:i Son-in-
Laxc for Mother.
[By T"l'irraph to Th^ Trtbun* 1
Pittsburg. Dec 14 -When Mrs. Henry Nichols.
wife of tii.- wealthy president ot the Lioerty
Brewing company, answered her telephone this
I morning the vice of Sarah, her only daughter.
who disappeared last Priday. came faintly over
■I haven't forgol you. mamma I've got your
Christmas gift. He's One Its a new son-in
law Shall 1 brinj? him homer
Miss NMchols started down town last Friday.
saving si ■■ would do some shopping, and. among
gt> B he promised to bring her mother
home . nlc€ c'hrlstmas gift. On her Journey
.he met Albert Schwartxkopf. a bookkeeper.
. elop ed to Wellsburg. vv. Va
i-artzkopf had called up the house Satur
fla bal Mrs Mchols would have none of him.
When Sarsth telephoned this morning Mrs.
Nichols relented and told Sarah te bring the
•Christmas gift" borne.
RINGS TRAVEL IN SEWER.
$5,000 (iews. Lost in Bathtub,
Found Mihs Arcay.
[By Teler ; to The Tribune '
Boston! Dec 14-Vhon Mrs. S. L. Gottlieb, a
society matron of Dorchester, was bathing : Sun
day two imond ring, valued at f5.000 slipped
off her finger and down the water pipe. Mi
Gottlieb Informed the Department of Sewers and
a squad of inspectors was sent to the house,
They went from one . atch basin to another and
finally found the rings in the last catch basin of
the system; just off the ocean pumping station
and seven miles from the Gottlieb honw
Th" Inspectors can not explain ho« the gems
got that rai Mrs Gottiieb ga\e them *-•"' rh#fl
they returned her welt and assured them, so
they say. that fli>- wouldn't wear her Jewels in
the bathtub again-
LIGHT ON EXCHANGES
GOVERNOR NAMES INVES
Nine Well Known Men Appointed
to Report on Stock Trading
in Wall Street.
Albany. Doc 14— Governor Hugheg to-night
announced the appointment of a committee of
nine, consisting of bankers, business men and
economists, to inquire into the facts surrounding
the business of stock exchanges In New York
and to suggest "what changes, if any. are advis
able In the laws of the state bearing upon spec
ulation in securities and commodities; or relat
ing to the protection of Investors; or with regard
to the instrumentalities and organisations used
in dealing in securities and commodties which
are the subject of speculation."
The committee named includes Horace White,
author and editor: Charles A. Bchtoren, mer
chant, formerly Mayor of Brooklyn; David
Leventritt, ex-justice of the Supreme court;
Clark Williams, State Superintendent of Banks;
John B. chirk, professor of political economy in
Columbia University; Willard V. King, banker,
president Columbia Trust Company; Samuel H.
Ordwav, lawyer. Edward D. Page, of Faulkner.
Page & Co., nnd Charles Sprague Smith, di
rector of the Peoples Institute, al! of New York.
The commission is to serve without compen
sation and it Is understood that all have signified
their willingness to act The commission has
b^en asked by the Governor to report as early
To each member the Governor I- '-night sent
thf following letter:
At the last session of the I^gis!at-;ro i recom
mended that provision should he made for suit
able inquiry Into ;he facts relating to specula
tion in securities and commodities with the view
f ascertaining the manner in which Illegitimate
transactions might be prevented and legitimate
business safeguarded. As I stated in accepting
renomination 1 had in mind in making this
recommendation, such an expert inquiry as was
marie Into banking conditions, the result of
which ua? the passage of highlj beneficial
measures, in this commonwealth the vast com
mercial and financial transactions of which rep
resent the activities of the entire country, it Is
of the utmost importance thai legislation affect
ing business and exchange should be the result
of deliberate study, and that we should neither
threaten business stability by ill considered
measures or, on the other hand. in\lt^ agitation
or impair confidence by ignoring abuses and by
failing to provide suitable correction.
It 's with this view that I requesl yon to act
«? a committee for the purpose or collating facts,
receiving suggestions and making such recom
mendations as may seem to you fitting with
regard to the following <i" p M ;
• changes, if any, are advisable in the
laws of the stnte bearing upon speculation in
securities and commodities or relating to the
protection of investor.-, or with regard to the
instrumentalities and organizations used In deal-
Ings in securities and commodities which are
the subject of speculation?
It Is not my intention to limit you in the con
sideration of any phase of the iratters sub
mitted, and I am confident that your carefully
formed opinions, being those of men known for
their interest in public questions their ac-
Quaintatnce with affp.irs and accredited to the
community by high reputation, will be of the.
I must ask this public Service without offer
of compensation or Indemnity for- expense, as I
have no authority to subject the to any
obligation in connection with your appointment.
But I knov thai your gen< n in serving
the community will be highly appreciated and
will afford another and most v elcome Musi
of the public spirit of our citizens.
I be gl jd to receive your report at as
early a date as v>u may find practicable. I have
T bp honor to remain, very respectfully yours,
CHARLBS X HUGHES.
Governor Hughes recommended to the PX
traordinary session of the Legislature th
that a similar commission be appointed, hut the
. gislative committee to which the re» ■•mmenda
tion was referred failed to report it
In his speech of acceptance, to which he refers
in his letter. Governor Hughe* said, in i
I have no sympathy with fanciful s< hemes for
the regulation of business with arbitrary legis
lation But it Is important to the maintenance
r-f business stability and to the prosperity of
honest enterprise that suitable opportunity
should be afforded for the proper dealing with
all questions that are presented, to t> . -n.l that
such remedies may be provide] as after com
petent consideration may be found sdvlsaDie.
HAD MONEY TO BURN.
MosYow Millionaire Destroys Fort
une and Congratulates Relatives.
London Dec. 15.- A dispatch from St. Peters
burg to "The Dally Mail" says that a d>insy
Moscow millionaire named Petroff had his whole
fortune withdrawn from th" banks and ttv I
notes brought to th" sick room. Thej « ere then
piled before him and set on fire. Petrott sum
moned his relatives and showed them the allies.
Minting them on having escaped the evil
PHONOGRAPH AS WITNESS
Faithfully Recorded Quarrel, and
(rives Valuable Testimony.
[By TWegTapt to T* • Trfbone 1
Pittsburg. Dec 14 The phonograph ns a
witness was brought int.. play to-, lay in Magis
trate England's court, when, by its testimony,
C. A. Rumstay was bound over on a < barge of
assault and battery made by Mrs John F.
I Mrs Hi mis and the phonograph were
:■ witnesses against Rumstay.
It appears 'hat Rumstay. who seiir phono
graphs, came to the home of Mr?. Hinds some
days since while she was in the act of taking
a new record on the phonograph from the piano.
The pair had a quarrel over the price of the
phonograph, and it is alleged thai Rumstay
. Mrs Hinds off the piano stool and choked
The phonograph to-day ga\e a word
of the alleged right.
JOHN FOX. JR., WEDS FRITZI SCHEFF.
Actress Will Continue Engagement Until End
of Season, at Least.
Kritzi Scheflf, n..v. playing in "The Prima Don
na," at the Knickerbocker Theatre, and John Kox.
jr., were married on Sunday afternoon at Mt.
Kisco. by the Rev. Dr Wallace, pastoi of the
Methodist Episcopal Church at that place; The
ceremony was performed at the bom of Rector
Fox. brother of the novelist. For professional rea
sons. Mi.-r, Bcbeff and Mr. Fox had hope.l to k«ep
It a secret until the end of the present reason.
Mlsa Bcbefl appeared as usual lasi night at the
Knickerbocker, and at the close of th«* Brform
ance t!«s!i<»'i a statement confirming the rumors.
It wad said that she might retire at the end of
her engagement in thl city, but representatives
al Mr. Dllllngham. her manager, said that she
was expected to till her contracts.
DEWEY'S WINES FOR HOLIDAY GIFTS.
Spetlal Offer Cases. 14.00, (5.00, J*>.Ts.
H. t Dewej & Sons Co.. 13$ Pultoa St., New i'ork.
UP IN SENATE AGAIN
Mfi. FORARER AROUSED
RUSHES TO DEFENCE OF
Attacks President's Course and Use
of Detectives— Bitter Debate
[From Th» Tribune Bonm
"Washington, Dec. 14 — The President sent to
the Senate to-day a wholly unexpected special
message on the Brownsville affray. In which he
disclosed the fact that detectives had been
working on the affair and had obtained a con
fession of guilt from one of the negro soldiers
of the Loth Infantry, in which he implicated
several other soldiers as his accomplices.
Senator Foraker Immediately undertook to off
set the effect of the message by a long and some
what sensational discourse in which he de
nounced the course of the President in employ
ing detectives and making a "secret" Investiga
tion'aft^r those under suspicion had pleaded
"not guilty," as outrageous. He declared that
the Senate had not yet got to the bottom of the
affair and added: "I am of the opinion that
when this thing has bee,n gone to the bottom of,
all honest men will he ashamed of it."'
Mr. Foraker took the ground that becaua two
of th» thirteen members of the Committee on
Military Affairs had voted against a resolution
declaring that the evidence failed to exonerate
the negro soldiers, and because by a vote of
9 to 4. the committee decided that the shooting
at Brownsville was done by th» negroes, the men
under suspicion had already been tried for th»ir
lives, and therefore any further effort on the
part of the President or the War Department to
detect the actual culprits was "shameful perse
Those familiar with the mass of evidence
taken by the Military Affairs Committee call
attention to the fact that the defence either
failed entirely to call before the committee the
men now asserted to be the real culprits, or, in
the case of those called, subjected them only to
the most cursory examination. The calling of
negro witnesses and their direct examination
was left entirely in the hands of the defence.
SENATOR FORAKER'S SPEECH.
Mr. Foraker offered an amendment to bis res
olution, now pending, which provides for the
creation of a commission to be composed of
Lieutenant Generals Bates and Chaffee. Major
Generals Davis and Jesse Lee and Brigadier
General Daggett, all retired, to pass on the
question of whether or not the soldiers should
be allowed to re-enlist, but the amendment was
purely incidental to the long speech he made in
which he sought to turn to ridicule the report
of a negro detective employed by the War De
partment because he signed his report with his
mark, and tried generally to offset the force of
the information the President submitted to the
Mr Foraker r»ad a letter from Boyd Conyera,
a discharged soldier, who is alleged to have
mad- a confession to a negro detective nam-d
Lawson. whose report accompanies others col
lected in th» document marie m> by the War De
partment and read to-day. In his letter to Sen
ator Foraker Conyera speaks of th» visit of
Lawson to Monroe. Ga.. where Conyera was 11 v-
Ing. con. era says he learned that Lawson w*M
there to "pick" him. and that he had the -'high
sheriff arrest Lawson. As Lawson had not
had an opportunity to have a private talk with
Conyers, according to the tatter's letter, it
made htm angry, and Conyera pays Lawson
told lies" to the Sheriff about him.
At this point Mr. Foraker ref«rr»d caustically
to the negro detective, calling attention to the
racl that his "high sounding, smooth, logical re
port is signed with his mark."
Taking up a second letter from Conyers, be
fore reading it. Senator Foraker said: "This la
a Httli tedious, perhaps, but I think it is due
to this soldier, due to the truth, and due to com
mon decency that the whole of this story be
Mr. F<raker said the statement of th» Presi
dent concerning this investigation by detectives
: the propriety of adopting such a provi
sion as that embodied in his amendment. He
read a letter he had written BO Conyers. in which
ho said h^ 'the Senator) would -look after- the
detectives who were visiting him at "the pr-.p^r
"That promise will b<» mad« good." declared
Mr. Foraker Enough has been shown" he as
serted, to make it the imperative duty of the
to create a tribunal before which these
men enn go and receive a hearing. la then
anything more atrocious than this proceeding
against these men? This is the sixth time they
have (.pen put on trial, and five times they haw
been acquitted, In my opinion."
Mr. ForakT closer! by declaring that the
Presidents statement that the espionage on the
soldiers of the 25th Regiment would be con
tinued was additional reason for some prompt
tv tion by the Senate
MR LODGE TO SPEAK TO-MORROW.
While there is almost no likelihood of Mr.
Foraker' a proposition receiving favorable con
sideration, that will not prevent a lively and
possibly acrimonious debate at this session.
Brownsville has been made, the regular ordei
for Wednesday, on whl?h day Senator Lodge
will speak, explaining his reasons for his vote
In committee. His address has been carefully
prepared, and will doubtless have great weight.
Mr. Foraker*a attitude to-day, however, indi
cates that be will strenuously contest the posi
tion of the large majority of the committee
and endeavor to have the evidence submitted by
the President to-day rejected. On account of
the President's remarks on the Secret Service
Mr. Foraker will undoubtedly find some sym
pathisera in the Senate. It was noticeable to
day *that. although the President clearly ex
plained that the Information he had obtained
had been furnished by a private detective
agency, there was suspicion among Senators
that In some way they tould not explain the
Secret Service had had a hand in th.- affair,
and that suspicion made some, at least, hostile.
The President uiya In his message that the in
vestigation is still in progress, and this '■•■■I to
inquiries as to where the money was coming
from, and promises that the appropriation bills
would be carefully scanned with a view to
eliminating any funds which the Baecuttve
may employ to detect criminals when murder
is charged gainst soldiers.
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MESSAGE BY PRESIDENT
SENDS REPORT IMPLICAT*
Deteetiie Employed ftf Wm De
partment Obtained Confession
from Discharged Soldier.
Washington. Dec. 14.— President Roosevelt., la
his special mess on the Brownsville affair
to-day, placed before rl-r 1 -- Senators a report
made by Berberl J. Browne, a detecttw in the
employ of the War D*partm«>nt. who stated that
he had aeenred a confession from Boyd Conyers.
one of the former privates in. UM battalion of
...... which was discharged for the
"shooting up" of Brownsville, that the shooting
had been done by members of Company B of
the battalion, and that the raid wa* part of a>
conspiracy which waa formed before the negro
troops were sent to Brownsville.
In his report Mr. Browne declares that a hr«
ter which Conyera had received from Senator
Foraker had been "extremely obstructive." as
Conyers "seemed to r»-gar ; it as a mandate to
adhere to the false story told by him before
the Senate Committee on Military Affairs and
as >!ving him from any and all obligations
to aid in uncovering the truth." The letter of
Senator Foraker referred to » quoted a» follow*
m Browne'a report:
United States Senate,
Committee on Pacific Islands and Porto Rico*
Cincinnati. Aug. 2«. 1905.
Mr Boyd Conyers. Monroe, Ga.
D«>ar*Sir: On my return here I found await
ing m« your letter of July 24. I hardly kno^r
from what you state just what It is that has
transpired, iior do I know Just what It Is I
should do to get the character of Information to.
which you refer. If you will writ*- me again at
your convenience, gi'.ing me a clearer account.
I will b^ e!a<l to avail myself of it to the extent
it may b>* useful
I remember you very well as a tneeai b»f«r»
the committee, and I am sure you did not th»r»
testify to anything except only the truth. \>ry
truly yours. etc. J. B. FORAKER.
n his m^ssag^ the President recommends that
a law be passed authorizing the Secretary of
War to reinstate thto a yenr'a time the inno
cent, of "less guilty," members of the battalion
who satisfy him that they ha-. done all they
can to bring the guilty to justice.
The President's message accompanying th.9
report of Mr. Browne follows.
To the Senate:
I inclose herewith i letter from the 9ee*etaar*
of War transmitl - a report of the investiga
tion made by Mr Herbert J. Browne, employed
by the department in conjunction with Captain,
W. G. Baldwin to investigate as far as possible
what happened at Brownsville on the 13tJ> and
1-lth of August. 1906. Th« report and docu
ments contain some lnforraatk»fi of great valus
and some staten that are obviously worth
ies?, but I submit them in their entirety.
This report enables us to fix •with tolerable
definiten«>ss at least aoaae of th>- criminals who
took the lead in the murderous shooting of
private citizens at Brownsville It establishes
leaiiy the fact that the colored soldiers did the
shooting bui upon this point further record
was unnecessary, as the fact that the colored
soldiers did th-=> "hooting has already been es
tablished beyond all possibility of doubt. The
Investigation has not gone far enough to enable
us to detprmin** all th« facts, and we will pro
ceed with It; but it has gone far enough to de
termine with sufficient accuracy certain facts
of enough importance td make It advisable that
I place the report before you. It appears that
almost a'l the members of Company B must
have b"ti actively concerned In th«> shoottnff.
either to fh» extent of being participants or to
the extent of virtually encouraging those who
were pitrttel] As to >mpanles C and D,
there can bi no stfon thai practically every
man in them must have had knowledge that the
shooting was -lone by si^m^ of the soldiers of
B Troop, and possibly bj on» or two others in
one of the other troops. TMa concealment Tras
itself a grave offence, which wna greatly aggra
vated by their testifying before the Senate com
mittee that they we r e Ignorant of what they
must bave known. Nevertheless, it is to be
said in partial extenuation that they wen prob
ably cowed by threats, made by th a more des
perate of the men who had actually been en
gaged in the shooting, as to what would happen
to any man who nailed to protect th» wroaMß>
doers. Moreover, there are circumstances tend
ing to show that these misguided m*n were en
couraged by outsiders to persist in their nfsei
of concealment and denial. I feel therefore,
that the guilt of the men who. aft^r the event,
thus shielded the perpetrai of the wrong by
refusing to tell the truth about them, though
serious, was In part due te the unwise and Im
proper attitude of others, and that som» mea»
ure of allowance should be made for th« mis
conduct. In other words. I believe we can af
ford to reinstat" any of these men who nc-or
truthfully tell what has happened, give all th*
aid they can to fix* the responsibility upon those
who are really guilty, and show that they rh»m
selves had no guilty knowledge beforehand and
were in no way Implicated in the affair, <ay» by
having knowledge of It afterward and faliini
and refusing to divulge it. Under th» circum
stances, and in view of th«» length of time they
have been out of the service, and their loss of
the benefit that would have accrued to them by
continuous longtime service, we can afford to
treat the men who meet the requirements given
above as having been sufficiently punished by
the consequences they brought upon themselves
when they rendered necessary the exercise of
the disciplinary power. I recommend that a law
be paased allowing the Secretary of War. within
a fixed period of time, say a year, to r<*instat«>
any of these soldiers whom he. after careful »Xf
aminatlon. finds to have b«-en Innoi and
whom he finds to have done ■]] in his power to
help brini to -' Ice th«* guilty.
Meanwhile the investigation will be continued.'
The results have made it obvious that only by
carrying on the investigation as the War De
partment has actually carried it on is there th»
slightest chance .>f bringing the offenders to
justice or of separating not th*» innocent, for
th^re were doubtless hardly any baaocei but
th.. less guilty from those whose guilt was h«i»
nous. THK"I'"Rf: ROOSEVELT.
The White House. December 14. 1303.
TIIK REPORT OF MR HM>l
The report of Mr. BmnM, which was ismtt
ted bj Secretary Wright to the President, consists
of a general survey of the Investigation, th* con
fession of Hoyd Conyers. late private Company B.
25th Infantry; a repor- on the participation of th«
Ki.ar.l an.l sentinels and details of evidence i'On
cernlnic the raid, affidavits on the statements mad*
and voluminous correspondence on the case. Th«
general report, dated December 5. 10**». says:
Private Boyd Conyera. of Company B. StS
Infantry, bow at Monroe. Ga.. ToM William Law
son, a detective in the employ of Captain William
O. Baldwin, of Roanoke. Va.. that h-» and' thre*
[or four] other naa ol the 23th Infantry were th«
Isadefa in the Hrowr.svtlie raid. ThU information
was obtained a*, different dates during th« month
cf Juno. DM
I submit the affidavit as presented. There are)
certain dlscrvaeMctee of a aalnot character, due to
the fact that Lawjon Is Illiterate and had to de
pend on Ma aseei for details. But It should b»
borne in mind thai Law* a »aa unacquainted witi
the details of the Brownsville raid, and was glvea
Information which could have come only from en*
familiar with the aeerel history of the affair Law-
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