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1. CLEMENTS Di«ID!
I? I it. uLD?«L!\io lArtmiiiLJ
I
First Witness Before Railroad'
Securities Committees
_^— — —
OBSTACLES BROUGHT OUT j;
Question One of the Most Com- .
pies and Important Ever Sub- j
r -Ted for Solution.
TFrora The Trlbus* Barefctt-* | ,
"ishtngtcm. Nov. Seme of th« prac- j
Uc*3 lt* leea' obstacles In UN way of pro- j ,
Hdir-5 effective rrovemrnent regulation of , •
th» stocks and brads of interstate carriers j
«rre brought out to-day at a meeting; of j '
tn« rs.:lroad securities committee. This -was | '
th« first business meeting- of the commit- i
tee since Its appcintnerst by President Taft j
•ept Knamer. The cn'y witness examined j
■w&e Judsor C. dements, a member cf the j
Interstate Commerce CcmniEEion, -who ha? ;
devoted special study to the subject •■■ fed- j
<ra! control of railroad capita lizar ion. Judge j
CJ«"ments fi:scussed various features of gov- j
rrxment regulation of stock and bond Is- j
•ue*. and made it clear that the question i
Is [■:' of th<? men complex as vrell as tm- j
portxat 'which has ever been submitted to :
*>.rr>ertK fcr solution. It did not recr-iire j
Jus?e Clemerts's testimony to bring out
this fact, fcr the cammissjenexs themselves
Indicated by their question? that both as to
f :miamesta!s and details they are still very
rrsch Ir. the dark as to what can be done j
arc wit: ought to be done in this direction j
by the genera: government. | .
71".' -?■-: ---- securities commission ■was j
B.;.:r?mte3 fey President ?_:■ under authcr- i '
— granted him In the amendments to the i ■
interstate commerce la-w enacted at the last
session. The provision was inserted when ■ '
Ik* regulars, insurgents nd Democrats in 1 :
both branches of Ccngress found themselves !
is vice disagreement over the plan for en- j (
trol of railroad capitalization fled by «
Attorney General "Widiersharn.
'AH rsenibers of the commission were | •
present at the raeetirt? to-cay. They are ]
President Artitn- T. Hadley of Tale Ucjver- j
erry. chairman : F. X. Judson. of St. Louis ; |
rttderick Strauss, of >Tetr York : Walter \'•
I- Fisher, of Chicago, and B. H. Meyer. of j 1
Vs.discn. TVis. It is the purjK>se of the ! :
coasmi^sian to hold a series of hearings and j 1
td «asploy experts to make speciaJ inve=tl- ! '
ga-tlcns. TV. P. Hail, chairmar of the Mas- j f
eacfcusetts Railrcad Commission, will be j -
to-morrow*, sno ircni t*me to *:~ ; '
other state commissioners \rt!l be examined. ! 1
Tt i£ pmbabJe jJso that the commission will J "
«sk ieadinir railroad presidents and prom- 1 I
:rerjt bankers to submit Their viexrs on the ! l
Fnfcject.
Testimony Covers a Wide Range ,
Mr. Clements'"? testimony covered a wide ''
rssfe, each of the commissioners asking ; '
—tiny cuesuons. These questions developed ' !
th* fact ihat no member of the commission j '
ha* a mature plan for solving the problem I !
of how to encourage railroad construction ! •
end mainteriance. jirctect investors, prevent j
<iSce£Bi\e chcrges and accomplish the lum- j
"ired and ene other things which are popu- i '
lirly supposed to go hand in hand with fed- ;
«=rsJ control of railroad capitalization. In
opening Mr. Ciements mud. that the Inter
eiale Commerce Commission was on record |
s* la\-onng a physi.fil valuiticn of rail- | '
mads and control by trie f^vernment cf the j
hicck and iKjnd issues of interstate carriers, j
P^cplying , to questions, ilr. Clements said ! '
that the commission had not worked out'
tcy plan by which a proper physical valu- j
ationof railroads could be made. It would j
he necessary to employ many experts, h* |
said, and the task would be a formidable !
one. It was important, however that the '
Interstate Commerce Commission should
know just what the railroads of the nation '
ar« worth.- M this was an element to be j
rrasidered in fixing just and reasonable
Tt-.tes. The witness said he des:re<i to make
It cltar'thct physical valuation alone would :
net be a rrs>j>er basis fcr rate maKns, and !
he- add*,!! that there would be great obj«;c- !
tion to taking the present value of railroad
property and f^::n^ rates so that a reason- i
rfcle return could be earned on the valua- ;
tic?n. j :
Mr. Judson wanted to know if the present :
value of the terminals v.-ou!d be taken mto :
e«»urit in a physical valuation. Mr. Clem
. eats replied that this •*.<& one cf the ; .
cre^t difficulties ir. the question. Mr. Jud-
I son cited the case of the sew Pecnsylrania '
" Ftatior; in Jfew Y6rk as an instance of i
railroad property nor.- cl great value, not I (
only because of the actual investment, but ! •
«!sd bewuise of ihe increase in the value j '.
d tr« Ecrrtrcndmg property. He suggested j
that :f a physical valuation was made and ;
the raUioads were nor permitted to take ! !
fi.d^ar.ti£-£ cf the beneits o~: favorable ter- ! !
oaral properties they might so mto court I '
*-"" -= that they should noz suffer in ! .
<rases where their tovestaieats hzi net been i !
nrcfirahie. Other racmbers of tie commis- ! ,
risn quest;cr.ed Juc?e Clem=rt£ as to The j
effect cf a. federal ptqrticaJ «ata*dCß on the |
raring po-st-ers r.f the states. " i
i
Stock Bonuses Derciinced.
Jud^e dements r*ierr»i t.- some -f the I
- B ■
■' -'- " ------ :z.
tb.« rtiiroad ti^ last wirttr, cz.z cf these !
. heiz.g th* provi£icz prch:t:ur? raJ2roadi !
frem selling their stockj an-: tcTiis ielc-w j
!>&.- The arsument s_giiz£t tcis, he *i
• plrtDaa. v.-*s that it wou:d prevent the con
struction of so-ca^ed erjecuiative rail'oads
—that is, railroads into new territory. Mr.
Clements eaid he thought the period of
speculative railroad building teas past and
ths4. with lie exception cf seme part* of
the • -~-_r-a.:r country ar.d the terri-
Tnrles of Arizona and New Mexico, there is
so ppecrlative railroad construction zone
in this ■courttry.
The witners replied •- many questions
regarding' the proper limitations* on the
TlzKzciziz operations cf earners, comment
lag on the latltaOa that should be allowed
the railrcaos to issue bonds for better
ments asfl extensions. Re denounced stock
ionuze* as vicious, and said that no car
rier should be permitted to issue bonds *>x
«pt for legitimate rti]rcs.d purpbsea, in
r;u<^r.r in this btttetroems :md extensions.
tb# ; payment of <ssb: s aad t?:e taking up of
olfl "bcxCs. He susxested thjt it would t>»
proper in a hill to control stock and bond
iSHies to differentiate h-*twe- n 'xiEting
roads a=S new roads, but said it was not
an ■ >.*-_■ matter to draw tim lice.
Replying to a question. Mr. Ciements said
he h*« not given the subject of a national
:=ccrporat:on law sufficient study zo know !
th!s wej the best way to meet the
rituation. Unless such a law could be made
compulsory, he believed it w-r.-jia be little
eccount. berxuse there wo:;l(J be lack Of
uniformity, and therefore incomplete -rCU
:etion. To th<? tapgestion that possibly
publicity might accomplish the desired --
J-uJts. Mr C2en;er4t£ $aid - that capitaliza- ;
tion jthuses could cot be corrected by pub- J
. 'Aclty lOW -Publicity was a powerful
•weapon against teFroper practices, but, as ,
a rule. 1* did not come until after the abess
tzi beea ccriurcmated. He cited the Alton j
<:•*! as an. Instance of. this kind.
»
"TAMPA STRIKE LEADERS JAILED.
Tampa, F!a.. Sor 2K2 X — In the Crimina: i
Court tc-day Jo«,«- de la Campa. Brit Rus
.stli and I F. Bartlurn, strike leadsrs. re
f*r.tly con'-ictcd of rc:i£pirir.g to prevent
by force fnkir.t: cigarmakers from eoing
M ■«'&rk iB the local factories, were Een-
f «sce3 to a year in jail each
CANADIAN PACIFIC WRECK.
.-.r.:r«£ Nov. 2S.— The Canadian Pacinc
r.allway erpreis bound for Mcntteal which
left here on Sunday morning was wrecked
xi JCacLeazie. Ont, to-day. :-*o pessergers '
>ere killed, tut several were injured,. J
! LONG AND SHORT HAUL
, ■■ —
Railroad Men Heard by Inter- j
state Commerce Commission.
"Washington, Nov. S— The complexities of ■
j the long and short haul phases of railroad ;
traffic were thrashed out before the Inter- j
I state Commerce Commission to-day and j
] the interpretations to b* 1 placed on T' - <
vision:- of the fourth section of the amend- ]
ed interstate commerce law governing this ;
subject were taken under advisement.
i All da counsel for railroads in all parts j
; of the country argued their views as to the ;
| way the commission should interpret the j
section. The "Western lines contended, |
among other things, that the export and
import rates are embraced in th« fourth
section, while the Eastern and Southeastern
roadf took the contrary view.
; The fundamental idea of the lens and
I Ehorr haul clause, a-«= explained by Commis
; siorser Lane and approved by counsel, in
| the course of a rapid fire series of questions
i and answers. v.-as the avoidance of prefer- j
; ence to any community in railroad tariffs. ;
! Most of the testimony was of a technical
' character and bore on not only export and !
: import problems, but also on proportional
j rates. switching charges and a. host of a:
; lied subjects.
Oeorge Stewart Patterson and Fred Wood. ;
i counsel for the railroads, contended that j
[ Section 4 had DO application to the import ;
and export traffic; that the inland part of j
the Import and export traffic rate was a ■
proportional rate and therefore was not '" ;
be considered with the locc.l and domestic ;
rates. and that the through charge foi such j
traffic was not ■ matter over which the j
commission had entire jurisdiction. They ;
contended that the rate from a foreign j
port to an intermediate pert might be less i
than from a seaboard point In the United j
States to an intermediate point. '
R. "Walton Moore, for the Southeastern |
lines, agreed that the commission had the \
right to make a general order, but pointed i
cut conflicts that might arise in the acts {
of the roads under both the section and .
a general order based on the section, sug- ; t
gesting that the commission should deal 1 ,
"r.rcacl" with the subject.
SEES CHANGE IN CHURCHMEN ■
i
Cornell's Head Addresses Union
Seminary Students. ; \
President Schurman of Cornell "Culver- j ■
sity addressed the students of the new ,
Union Theological Seminary, at 120 th street j ,
■ad Broadway, last night and told them | ,
that if they wished to improve the condi- ; .
tions of society they must master the social : .
sciences, especially the sciences of eco- j
nomics and government He cautioned ; ,
them, however, not to turn to socialism as
the on!" cure-all for the ills of society, as ;
was too often the case, he said, of young 1 ,
theologians who Interested themselves in I
the subject. :
President Rill ill man was the guest of the !
seminary at a "students* meeting" held as |
part of the dedicatory exercises of the new f
buildings of the institution. The Rev. Pro- j
fessor "William Adams Brown, of Union i
Seminars', delivered a historical address, in »
which be defined the spirit of the seminary j !
as on*- of spiritual devotion and intellectual j '
freedom. j ,
President Schurman said in part:
"Whether we like it or not, a change la !
taking place in the attitude of religious i
men. I may describe my thought as a j
vravering cf sectarianism toward a world
religion. "We are taking our religion from ;
ali parts of the world, and t_ie Church is
coming to an appreciation of what is good
in every religion. There is a shifting of
th* attitude of the modern Church more •
■ toward the amelioration of society.
i "As time goes on I expect to see the ■■'.:.-- j
| iiiation of the many studies from the theo- 1
| logical curriculum which are the mere sur- i
i vival of problems which our age has out- i
J grown, and in place of them subjects deal- '
* in? with the problems of our »se and from I
■■ our modem scientific point of view will be [
j substituted.
"Scientific workers in aS fields are the '
' sages of our twentieth century. They have [
• made it impossible for the men of this gen- ,
■ eration to regard dogmas as their fathers '
| regarded them. Now It is the Christlike
| man we are looking for, whether in or out
|of the Church. We feel thai the things we
have in common are infinitely more impor
tant than the things about which we? cif- I
fcr."
»
TAFT PRAISES PILGRIMS
Pleased to Learn He Is a May- j
flower Descendant.
"Washington. Nov. 2S. — President Taft
eulogized the character of — Pilgrim 1
Fathers at the eleventh annual dinner of i
the Society of Mayflower descendants in '
the District of Columbia to-night, the oc- ;
casicn being the celebration of the 29©ti ;
ar.nlversaary of the signing of the com
pact in the cabin of the Mayflower.
President Taft, It - as recently learned, j
is a descendant of Francis Cook, one of :
the pilgrims who came ir. the Mayflower, !
and a certiScar« of membership was '
granted b be
"I wish ts testify to my gratitude at !
" -'- advised that I am a descendant of 1
on* of these who came over in the May- ;
| flower," said ths President. Time was !
when I thought those who came over in :
the Mayflower plumed themselves as be- i
long-in? to the aristocracy of the nation, j
! On the contrary, i believe now that they !
! showed a humility and proper spirit of re- i
XmbUcsaism and democracy.
"They showed the uses and needs of a
written constitution," be continued. "They |
stowed a great capacity for self-govern- i
ment that, without making invidious ;
comparisons, has lent moral fibre and i
mural duty to th*» whole settlement of the \
United States."
CHURCHiLL'S ASSAILANT HELD: •
Lonion. Nov. 23.— H. A Franklhx the !
male suffragist who attempted to assault '
Mr. Churchill while the Home Secretary j
was returning to London after a speech j
at Bradford ca Saturday night, was ar- j
r ': .frz."~ in th« Bow street police court to
day and r*mand»d for one we-?k. Bail was j
refused. Franklin >? ■ nephew of Post- i
master General Samuel. i
TTRv Alt i- 'nbrmfa^AnKtm-Lt-miMtt ijlE^
T'^Wr jtVKf^M^a^D^LV4^L^BM i^l^9ar^Ja^*^a\ wfmJ ' !&£•'&* y?
SEW-TOBK DAILY TRIBOE- TUESDAY. NOVEMBEB -*■
MEXICAN REBELS STAND
Government Troops Return to
Chihuahua for Reinforcements.
INSURGENTS ARE FORTIFIED
Lively Fighting Expected When
the Battle at Fresno Is
Renewed
Chihuahua. Nov. 28.— Government troops
have returned to Chihuahua from their
fight with the revolutionists four miles
west at Fresno on Sunday. Two thousand
reinforcements are expected before the
government resumes its attempt to reopen
the Mexican & Northwestern Railroad.
which Is tied up as a result of the Qgbt
Th« revolutionists are said to have been
reinforced by bands from Parral. They
new number one thousand and they have
fortified pas dona at various points. Lively
fighting Is expected when the campaign
start£ - . v.
Sunday's bafle was the first real fight
of the insurrection in this part of Mexico.
Three hundred insurgents attacked the
government's rear guard of four hundred
government troops, who were marching
along the Mexico & Northwestern (Chi
huahua & Pacific > Railroad.
The bodies of sever, rebels were brought
in last night and taken to Police Head
quarters. The government lest one killed
and seven wounded. The. fight lasted three
hours, both sides taking shelter behind
bowlders and in ditches.
The rebels' presence was a surprise.
The troops left Chihuahua on Sunday
morning, headed by General Navarre, with
the intention of regaining the towns along
the railroad line, no trains having been ,
operated since last Tuesday Their ulti
mate destination was Minaca. Four miles
tan Frescno the insurgents, mounted.
awaited them in concealment behind the j
hills.
The rebels allowed the cavalry and a j
detachment of infantry to pass without :
disclosing their presence. Later, the rear !
guard of 150 soldiers, with a number of :
women and children, appeared, and the in- ;
surgents opened fire. The troops retreat- .
ed in good order into the valley, firing
steadily, and the rebels were then grad
ually driven from behind stone fences i
and corrals. '
A courier was dispatched as the battle |
opened to call back the mam body of
troops. When the troops returned the in- .
surgents galloped west in good order, dis- j
appearing in the canyons If they had
any wounded they took them with them.
SAYS MEXICO IS QUIET
Ambassador Wilson Telegraphs
Only Chihuahua Is Disturbed.
Washington. Nov. 2&— entire repub
lic of Mexico, with the exception of the
State of Chihuahua, is quiet, according
to a telegram received to-day by the State
Department from Henry Lane Wilson,
United States Ambassador, at Mexico City.
Mr. Wilson reviewed the situation, based
on reports he has received from consuls in
various pans of the country.
The revolutionary party, according to the
ambassador's dispatch, seems most active
in the remote districts of Chihuahua. The-
Mexican government, he says, is adopting
energetic measures to suppress the out
bream
IVIADERO NOT WOUNDED
Messenger from Rebel Leader to
His Family Denies Injury.
Ear. Antonio, Tex., Nov. 2S.— That Fran
cisco I. Madero. leader of the Mexican
revolution, is safe and uninjured is the |
news brought to his family to-day by a ;
courier who came direct from Madero to
San Antonio.
The courier said that Madero was at pres
ent gathering his forces in the Lacuna dis
trict near I>=-rdo and Parral. This district !
lies in a feitlle valley surrounded by moun- j
ta^ns. Madero was not wounded at any j
time, said -.■ messenger. He is constantly |
trath'erinsr allies to his standard.
So far as the confiscation of the Madero !
esta?e c was concerned, the courier said j
that Maderc v.-as not much concerned, since ]
the "bulk of nil Interests were in the hands j
ol "friendly Americana i
JOEL F. FREEMAN'S WILL FILED. |
The wBl of Joel Francis Freeman, at one !
time treasurer of the Standard Oil Com- |
pany. who died at East Orange on Novem- j
ber IS. was filed at Newark yesterday. It
leaves the entire estate to his wife. Mrs I
Frances M. Freeman, and to bis children,
■i idtm Freeman, Edith' Freeman Dallett and j
Gertrude A. Freeman Mr. Freeman re
tired from active business fifteen years j
ago.
'M r^r*ir6TTo?"4i-?/\«al Silverware must necessarily be more or
I Conventional fes conventional m that lt is US€d for
H functions and social occasions requiring
I and • conformity to custom. But still Marcus
i T*-^T7t,r?«*^]j & Comoany contrive to introduce in
H ' ;u ueU the - [ venvare a note o f originality and
H§ ibliYdT distinction. Many of their productions
•*!| are original in form and decoration,
mt while many pieces are true copies of i
£g> Old English silver of the best periods,
j&l or studies from Greek and Roman
jg£ utensils.
4% The same personal attention is given by
'£: the members of the firm to the silver-
Iware that is bestowed upon the selec
£ tion of the jewels, the pearls and the
F, settings G. all the precious stones.
j| Marcus & Co»,
r.u Jewelers and Goldsmiths,
jpl sth Avenue and 45th Street, New York
His riw t f _mKS^
Kb iff |l^fl|HßO9
9b ft
OUTWIT PQLICEJ"O ELOPE
Bride's PatheTiad Home Sur
rounded Without Avail.
-p.. TTrn-ram, •- H« Tribune.]
StamfoM. Con?. Nov .^ -After 3 n Hope.
iment, made necesan' » the objections of
i the bride's father to a marriage at th.s.
time. Howard T. tfalker. twenty-four
years old. and Miss Fefe May Blake, two
, years his junior, both of New Tork. were
married here early yesterday morninff.
They were assisted by a friend who said
he was Daniel M. *•*«*■ a New York
lawyer. . ,
The couple were to have been married
here on Saturday night at 9 o'clock and
Mr. Polsey. as best man, had tVt made ar
| rangeraents for the ceremony with a justice
of the peace. The couple did not keep the
appointment. _ ,t, t
The fact of their running away came cm.
when the lawyer told the justice of the
psace. after the couple had arrived taw
! yesterday, that they could nor. get ; away
! Saturday night because the bride could not
i get out of her father's home at No. o*.
I West Ssth street. He added that the father
! was so much against his daughter's mar
j riage that he had the police surround his
' hcrae.
"But we outwitted them' Mr - P° iE *"
told the justice. "Miss Blake ■«»« what
clothing and things she needed down on a
i line of twine. Walker and I stood below
: and gathered them in. Early in the morn
j ing when there was no policeman around
i she slipped out and we came to Stamford."
i Once here the youthful pair went to the
, home of the Rev. John D- Skene. rector of
i St. Andrew's Church, and were married
: there.
BURY ■ QUEEN WIIvNTE TO-DAY
Asthma Killed Newsgirl Who Named
Senator Platt ' ' The Easy Bosb.
Asthma, from which she had been a suf
ferer for some time, It was learned last
night was the cause of the death of "fl
Horn, who tvas found on Saturday in her
furnished room at No. 20S East 98th street-
This is the third death to occur in the
family within a year. Her mother died in
May, and grieving over her death led her
sister, Geneva Pinna Horn, to commit
suicide in June. The funeral of "Winnie.
better known as "Queen cf the News
girls." will be held at an undertaking
establishment at No. 1777 Third avenue, at
2 o'clock this afternoon. The burial wffl
be in Lutheran Cemetery.
Winnie, who had named the late
Senator Plett "the easy bcss." had for
years sold papers with her sisters at 23:1
street and Sixth avenue. Two years ago
they retired. Eva. the youngest of the
family, was married to S. Sulsona. and they
■ live at No. 227 West 19th street. Sadie,
another sister, who sold papers with Win
nie fcr more than fifteen years, is also mar
ried, and lives at No. 327 East 72d street.
Winnie, aa well as her sisters, was known
all over the country. Among their patrons
were men from the "Amen Corner'" in the
old Fifth Avenue Hotel, notably Senator
' Plan and former Governor Odell, and the
late United States Senator Mark Hanna.
Winnie Horn was the oldest of the sisters,
and the success of thenewsstand was chiefly
cue to her and her sister Sadie. She was
I twice married, and she leaves a boy by h<;r
first marriage. To this boy she leaves a
collection of letters the like of which
; would be impossible to duplicate.
> i
IRISH APPEAL FOR FUNDS
| United League of America Asks More
j Money to Aid Home Rule Campaign.
Boston, Nov. 2S.— The members of the
i United Irish League of America, deter
mined to meet squarely the issue of 'Amer
ican dollars" raised by the Unionists in the
campaign just begun for the election of a
' new Parliament, to-day issued an appeal
| for funds to be sent to Ireland to assist the
i Home Role party-
This action was taken at a meeting held
here to-day by the Boston members of the
national executive committee of the league,
including T. B. Fitzpzu-ick, national treas
urer, and John O'Cailaghan. national sec
retary. In its appeal the committee say?.
Ireland's claim for Home Rule stands in
the. forefront in what is destined to be the
most memorable general election in the po
litical history of the last two centuries in
Great Britain. The demand for Irish Home
Rule is linked inseparably with the de
mand of the masses of the British people
for the reforms which they have so ions
and so vainly demanded.
In its desperation the House of Lords has j
been driven, as a last effort in the attempt ;
to save itself from extinction, to cry out
that its destruction is being wrought by
the aid of •'American dollars." The cam- |
paign cry that "American dollars" are ;
about to wreck the British constitution is.
of course, simply meant as a catch cry for
the purpose of defeating the forces of prog- j
ress" But the fact remains that ■ Ameri- j
can dollars" contributed to sustain and
strengthen the Irish party in this contest
are going to play an important part in the \
result of the struggle. j
* — i
HARGIS CLAM DELETED
One Assassination a Month — Im
portant Breathitt Trial.
Faris. Ky., Nov. ;s.— Licht on the feud
situation in BreathUt County. where, ac
cording to report*, followers of the late
Judge James Hargis are being killed at the
rate of one a month, i s expected to result
from a trial which begati here to-day.
Thft case is that against John Davidson.
Hacker Coombs and Jason Deaton. charL d
with the assassination of John Abner. a
Harris man. in Jackson, last June. The
case was transferred from Breath'"'- Coun
ty on the state's plea that it could not get
a fair trial there. Abner, according to con
fessions of alleged companions, helped to
murder Dr. B. D. Cox, James Marcuro and
James Cockrill after being hired for that
purpose by Hariris and "Ed" Callahan.
Whether the present trial will result in
an exposition of the situation in Breathitt
County will depend largely upon the will
ingness of the state's witnesses to talk.
Several of them have, said that threat? hare
already been made against them.
FREiGHT RATE ADVANCE
Roads Said to Plan a Combined
General Increase.
Chicago. Nov. 2S.— Transcontinental rail
road officials in session in Chicago are
planning an advance in freight rates be
tween Chicago. New York, Boston and
other Eastern points and the Pacific Coast.
The advance contemplates -in increase
amounting to 25 and 35 per cent, according
to a published report to-day. Nearly every
railroad in the United States is said to be
affected.
A plan is contemplated which will in
crease the rate between Chicago and the
Pacific Coast, but also will cut down ma
terially the advantage over Chicago which
New York and Atlantic seaboard shippers
have enjoyed. The rates from Chicago and
New York to the coast heretofore have
been the same. Under the proposed sched
ule the rate from Chicago to the Pacific is
raised 50 cents a hundred pounds, but New
Tork has SI added to the tariff.
FUERIER FAILS FOR $120,000
Simon Lindau 's Counsel Says Unsea
sonable Weather Is to Blame.
A petition in bankruptcy has been filed
against Simon Lindau. trading as S. Lin
dau & Co.. dealer in furs, at No. IS "West
2-3 d street and No. 23 West 34th street, by
the following creditors: Peierls, Buhler &
Co.. $100; L. Ernstein & Bros.. 008, and
William Skinner & Sons. S4OO.
It was alleged that Lindau was insol
vent and ha i made preferential payments.
Liabilities were given as £20,000. Nominal
assets were said to be about the same,
while actual assets were estimated at
$50,000. Judge Hough appointed Robert C.
Morris receiver with a bond of 120.000, and
authorized him to continue the business
for thirty days.
Mr. Lindau consented to the receiver
ship. Thomas & Oppenheimer, his coun
sel, said that the trouble was due to bad
business on account of the unseasonable
weather, as it has been too warm to tempt
the women to buy furs. A meeting of
creditors wil be called soon and an offer
of settlement made. He has been in busi
ness about ten years.
PROBATION OFFICERS EXEMPT
Justice Maddos Disagrees with Opinion
of Corporation Counsel.
Justice Maddox. of the Supreme Court.
Brooklyn, handed down a decision yester
day in which he held that, contrary to the
view of the Corporation Counsel, the places
of the five civilian male probationary of
ficers to be appointed in Brooklyn under
the new inferior courts law were of a con
fidential nature and need not be f,ll"d from
the Civil Service list.
The- decision grants a writ of peremptory
mandamus to Adolph Benchin. directing
Chief Magistrate Kempner and his asso
ciates to make the appointments of pro
bationary officers without waiting for an
eligible list to be prepared by the Civil
&cr c . ice Commission. In his memorandum
the justice points out the confidential rela
tion that must exist between the magis
trate and his probationary officer, and ar
gues that the nature of the relationship
-ings the place into the exempt class.
GRAND PIANOS
There is perhaps no
other single article tha
gives such an air o£ dis
tinctiori and elegance to the
home as a grand piano, and
no other that is so expres
sive of the good taste an'
judgment of the donor.
Until recently this gif +
has been impracticable, be
reuse few homes were spa
cious enough to accom
modate the grand piano
as originally made.
With the advent o*
the C H I C X E R 1 N C
quarter grand, how
ever, al! this was
changed, as it occupies
but little more space than an upright piano and there are feu T>om.*
where it cannot be installed.
This has resulted in a great demand for these exquisite little instruments.
Small wonder, too, when its gTace of outline and beauty are compared with
the angular appearance of the upright, and it is remembered that the tone of the
grand always has been, and always v ill be, considered superior to that of any other
form of piano.
Come and see these dainty little CHICKERIXG grands, and, at the same
tune, hear the celebrated Knabe. "Mignon," 1 the little Schomacker grand, with its
ultra-artistic tone, which haunts the memory of the magician forever, once he hears
it; also the Emerson short grand piano, whose sales have doubled within a
few months.
In one of these diminutive grands yon will find the instrument you are
seeking.
And in no other store in this or any other city can yon find such a. variety
from which to choose.
And in no other store can you have terms so perfectly adjusted to your conveni
ence, with payments fixed by the week, month or quarter. No publicity— simply a
confidential business arrangement between ourselves.
Other instruments taken in exchange. If you have one, write us a description,
with the maker's name, and we will send you an % estimate of allowance.
Pianos held for Christmas delivery if desired. n«t Gallery. I*- »•*•■»
JOHN WANAMAKER
Formerly A. T. ctewart & Co., Broadway, Fourth avenue, Eighth 10 T?mh street.
MAYOR TO AiD CHAUFFEURS*
Seems Disposed to Help in End
ing Taxicab Drivers' Strike.
Mayor Gaynor maj make another at
tempt to make peace between the striking:
chauffeurs and the taxicab companies.. A
committee of th» strikers called on the j
Mayor yesterday to make complaints of
irri^'ances of Hbj taxicab drivers. They
had with them pay envelopes showing what j
they considered altogether unreasonable* i
deductions for breakages and evidence *>f I
what they called unreasonably Ion? hours
of work.
Th» chauffeur* trere closeted Witt the
Mayor about half an hour. When they came
out they said th* Mayor had received thera
cordially, and that as Mayor Gaynor had
promised to Invited representatives of the
companies to meet him in the hope of
bringing about another peace conference
the prospects for ■ settlement of the strike
■were fcright
Tl«fi committee Indicated the -Rilllngmss
of the m en to return la work on the terms
originally proposed by the Miyr> r , which
provides that they return to work on the
open shop plan, union men not to t*> dis
criminated against.
The Mayor said that be understood tiM
chauffeurs had been under the leadership
of two men. whom he named, one of -whom
had coat them a lot of money., and the best
thing the strikers cculd do. h<* said, was to
get -if of this man. The Mayor then said
that he would suggest to the employers the
re-employment of the men en the plan sug
gested.
President Perkins of the Chauffeurs'
Union said last evening that the union shop,
•svhich the strikers decided to stand out for.
rras different from both the open shop and
the closed shop. The employers said that
the whole thing vrae a backdown on behalf
of the strikers.
The horse cab drivers struck yesterday
at the new Pennsylvania station, but the
chauffeurs remained on their cabs. This
strike was an unexpected one.
CAUGHT ELOPERS AT SUPPER
Wilkes-Barre Mans Wife Had
Fled with Actor.
[By T's'.rgT2.;r. to Th* Tribune.]
Paterson. N. J.. Nov. 2S.— An elopement
supper, interrupted by the wife's husband
and Detective Captain Tracy: a fist battle
between the two men and the swooning
of the wife when brought to the- police
station were the exciting features of the
elopement of Mr? Jennie Noon and Robert
C. Gary from Wilkaa-Barre. Perm., this
evening.
The elopers arrived here from Wilkes-
Barre this morning, hotly pursued by the
irate husband. With Mrs. Noon was her
seven-year-old daughter, Marcella. Gary
and Mrs. Noon engaged rooms in the
fashionable boarding house at No. 17! Van
Houten street. One hour later Noon ar
rived, and started on a hunt for the
elopers. He went to Police Headquarters
and impressed the services of Detective
Captain John Tracy.
Mr. Noon, who is a braid manufacturer,
said his wife met Gary while he was play
ing in "VTilkes-Barre with the "Topsy
Turvy" company. When the company
left the city Mrs. Noon followed, but
was taken back by her husband. Thanks
giving night, when Nocn arrived home,
he said he found it stripped of the furni
ture. Jewelry and silverware, were also
mjssing.
Mrs. Noon is twenty-four years of age,
and nretty She is said to be the daughter
of a prominent judge in Stroodstars
Perm.
FORMER OFFICIAL GIVES BAIL.
Former Sheriff Matthew J. Goldner, who
served as Superintendent of Sewers In the
administration of former President Joseph
Cassidy of Queens, was arraigned yester
day before Justice Jaycox. In the Supreme
Court. Long Island City, and released in
S2 500 bail or. a charge of grand larceny in
the second degree. Justice John M. Cregen.
of the Municipal Court, who is out under
JS.OM bond on indictments charging grand
larceny, entered a plea of not guilty.
GAYNOR HOSPITAL FUND $14,000.
John D. Crimmina. chairman of the Gay
nor Hospital Fund Committee, announced
at his home last night that the amount col
lected was slightly in excess of 514,»». Mr.
Crimmins said that the committee was con
sidering the advisability of permanently
endowing a bed in the Mayor's name, which
would cost $5,000. and that it was planned
to present a purse of 510,000 to the hospital.
For Christmas Gifts
SPECIAL EXHIBITION
Or
Artistic Bookbinding
ON VIEW
UNTIL
Saturday, December 3d at
Bonaventure's
Galleries
5 EAST 35 th ST.. Cop*™* Abac's
ALLEGED THIEF SUICIDE
Former Cashier of Bank Shoots
Himself at Relative" Door.
Rockport. Mass.. Nov. - Jeorga W.
Tufts, former cashier 'if the Rockport Na
tional Bank, •who recently lndictei for
th» larceny of about S^.'VO fron ti»
bank, committed suicide- by shooting her?
late to-day. He **as out on bail pending
an examination as to his sanity. ."V
About two wests ago Tuft* - -acrid
his former plea of not guilty and pleaded
guilt? to one of the eight counts of xi.9
indictment. He w»3 then released on bail
again, pending examination Into his aar.irr.
Late to-day Mr. Tuft* went to tie ham*
of Loring 1 Grimes, former president of -?»•
bank, whose wife is ] .--s's aunt. Tufts
rang* the bell, and when a. servant ■•>
called 3£r Grimes to the door Tufts tor*
open his coat and before Mr. Grimes could
mate a move to prevent him drew a re
volver and shot himself through th«
heart
Tufts, It was charged, obtained about
SS.OOO from the bar..-: partly by aieajta of
notes to which he is alleged to isave f orssd
the names of his wife and of Alvin S~*ih.
of Portland, lie. He was fifty-t-nro years
old and had lansr bees prominent ts. town
affairs. He leaves a wife and one so=-
PROTECTING THE INDIAN
Lesral Duel Over Allotment of
Land in Oklahoma.
j [Fnra The Tribune Bursar ]
Washington, Nov. 25 — To the intense dis
pleasure of one James F. Rowel!, but ta the
entire satisfaction of all true friends «f the
Indian. Secretary Ballinser has sooesaial
\ in once more staving off the •Sorts of Mow
! ell to acquire ti is to 150 acres af land a
j Oklahoma, pursuant to an act of Cacaress.
' approved June IT. 1910. The act instruct
' ing that title be conveyed To Bowel! was
I passed on the representation that he was a
I *.:: rr.err.ber of tin Ki©wa» Cewaaeht aad
Apache tribes of Indians who had baas
< overlooked in the allotment of, lands to th»
1 Indians.
Soon after the act was pasaed and Con
5: ess had adjourned, however, jnemhers cf
Congress, '■ Ml ? l 1 fh# chairman of tie
House Committee on Indian A3airs, cam*
| to Secretary Ballinger and told him that in
1 reality Rowell was only a ''s<jtiE.w man."
: that is, ha is a. vjhite man who nsarrl«d an
i Indian woman : that the land to which h»
! sought title was on the outskirts of tha tow-,
i of Lawton. and was worth a; least (50,600.
j whereas the regular a_iotments did not «
ceed SS.OQQ in value, and that while Rowel!
claimed to be an Indian as a result of hi 3
! marriage, he had been denied recognlttai
:by the tribe itself- These members of Can
j gress said that if the Secretary could pr*
j vent the patent of the land until Congress
| again met the law directing that titls 6a
| conferred would be repealed.
Ever since these representations w#j»
: made to the Secretary of the Inferior a
! legal duel has been in progress. Rowel! aai
• his lawyers seeking to compel the issue
i a patent before Congress could take inaav
I -:•-:• action, and the Secretary utilizing tb»
I technicalities of the law to evade Gat
| course. Replying to the rsaniiaaus «f
1 owe the Secretary to-day informed •.".*
| Supreme Court of the District of the facts
| a- here related, and further stated that t:»
] President had instructed the clerk is ---
j General Land Office authorized to 5152 his
i name to patents net to sign the deed ta
Rowell. It is now believed that -ufflciaßt
; delay will ensue to permit Congress to a)
I consider Its action.
