Vo1' LXXI...-N* 23,837.
Tn-da.v. rain and rolder
To-morrow, fair,- variable wind?
NEW-YORK, TUESDAY. FEBRUARY 20, 1012,-FOI'RTEEX PAGES. * * PRICE ONE CENT '? "**t-&W^I1_fil.''r:
Supreme Court Holds Such
Legislation Purely a Political
Question and Only Con?
gress May Act.
OREGON TAX CASE AT ISSUE
Ohief Justice White Cites De?
cision in Dorr's Rebellion
Action in Laying Down
Washington. Feb. 19.?Only Congress,
and n<*t the Supreme. Court of the
United States, may object to the Initia?
tive and referendum me!hod of leglsl.-*
tion in the states, so the court itself de?
That tribunal held that the question o?
whether a state still maintained a re?
publican form of government, guaran?
teed by the federal Constitution, after It
adopted the Initiative and referendum
method was a political problem for Con?
gress and n<*t a judicial ??ne for th*
Th? decision was based on the claim
of the Pacific States Telephone and Tele?
graph Company that a tax imposed on It
by the? initiative and referendum method
Ir. Oregon was unconstitutional. The
Initiative and referendum provision. In
Missouri, California. Arkansas, Colorad?:,
South Dakota, 1'tah, Montana, Okla?
homa. Maine and Arizona hung in th?
balance. An adverse decision would
have affected proposed legislation of that
character in many other states.
No Dissenting Opinion Filed.
Chief Justice White announced the de?
cision of the court None of the Justices
dissented. The court also gave a simi?
lar decision In reference to an ordlnan e
in Portland, Ore., for the construction
of a bridge.
The Chief Justl?e said that "a singu?
lar misapprehension" had existed on
both sides of the case, but that Cie
"mists and confusion" were dispelled by
the decision of Chief Justice Taney years
ftgo. in which he disposed of the Dorr
rebellion question. That was the case
of Luther agt. Borden, he said, and de?
cided that the enforcement of the guar?
anty of a republican form of govern?
ment to the states belonged to the politi?
cal department of the government. \nd
came up. for instance, on the admission
of Senators and members of the House
to their respective bodies.
The Chief Justice called attention to
Chief Justice Fuller following Luther
agt. Borden in the controversy over the
Kentucky government in the case of
Taylor agt. Beckham. Referring to the
doctrine as laid down in these two cases,
Chief Justice White said:
It Is, indeed, a singular misconception of
the nature and character of our constitu?
tional system of government to suggest
that lh?> settled distinction which tht do? -
t.ine just stated points out between Judi?
cial authority over Justiciable controversies
and legislative power as to purc-lv politi<al
questions tends to destro. the duty of the
Judiciary in proper cases to enforce the
Constitution. The suggestion results from
failing to distinguish between things which
are widely different?that Is. the legislative
duty to determine the political questions In?
volved in deciding whether a state govern?
ment republican in form exists, and the
Judicial pow.ii and ever-present duty when?
ever 1? becomes necessary In a. contro?
versy properly submitted to enfor?e and
'inhold the applicable provisions of th?1
Centtitutloa as to each and every exercise
Of government power.
Quotes Case at Issue.
How better can the broad lines which dis?
tinguish these- two subjects be point?"?! out
than by considering the character of the
defence in this very case? The defendant
company does not contend here that it
could not have been required to pay a
license tax. It does not assert that ft wan
denied an opportunity to be hpard as to
the amount fer which it was taxed, or that
there was anything inhering In the t;ix ?>r
Involved Intrinsically In the law which vio?
lated any of Its constitutional rights. If
such questions had been raised they wouM
ha.? been justiciable, and therefore would
have required the calling Into operation of
Judicial power. Instead, however, of doing
any of these things, the attack on the
statute here made Is of a wholly different
Its essentially political nature is at once
Wade manifest by understanding that the
assaclt which the contention here advanced
??Bakes It not on the tax as a tax. but on
ton state as a state. It Is address?*?! to the
framework and political character of the
government by whle.li the ?tatute levying
the tax was passed.
It Is the government, the political entity,
which 'reducing the case to its essence) Is
called ?o the bar of this court, not for the
Purpose of testing judicially some exercls?;
of power assailed, on the ground that its
exertion has injuriously affected the rights
of an Individual because of repugnancy 10
some constitutional limitation, but to de?
mand of the government that It establish
Itg rights to exist as a state
WORKING WAY ROUND GLOBE
8on of Ex-Governor Francis Em?
ployed in a Hotel.
Uj T?le?raph te Th?- Tribune )
?ft L.uls, Feb. 10. Sidney R. Francis,
twenty-two years old. the youncest son
'?f ex-OoveVnor David R. Francis, a St.
L*?ula multl millionaire, has reached
Pasadena. Cal., on a Journey around the
xvftfirl, the expenses ?>f which are to be
defrayed by his own labor, according to
"Sidney left Inme about thre.? weeks
ago with mv full knowledge and < "n
Mt," Governor FtRllCli said to-night
when told that dispatches from Fasa
"Jini*. stated Sidney tttttd thm* other
Klone of wealthy families had Joined
forc-n j.-d were working In a hotel there.
"He h.id the wanderlust." Governor
r rands continued, "and although I re?
monstrated with him and told him he
?as golnr on a wlldgoose chase, he was
'?elermln^d to go. He was not driven
from home and did not run away. H?>**?'
??ver, he had several hundred dollar?
?Mth him when ho toft I do not know
*nythlnf- about his working In a Pasa
?letia hotel, exept what I have read In
?'ewspapero, but I suppose he will have
?o do many different kinds of work if he
carries out his plan of working his way
around the world "
Sidney K KratKls, Hill?'* graduating
''om Talc, had w??rke<l In his father's
brolterage offices and In n erh?h sal?- dry
goods house here.
Kir?* the oculist, then the <****^'AfW?:
TIRA -Opticians. .lad. Ave . neur 4.?i -'*
A 1\ t
DR. Jacob Gould
ident of Cornell Uni?
versity, has written an
article defining Social?
ism and its ultimate
next Sunday's . . .
LOOK FOR MORSE IN WALL ST
Dr. Fowler Believes He Will Re
I By Telegraph to Th? Tribune 1
Atlanta. Feb. 19.?"Look for Charles W.
Mors? Hack Oil Wall Street a-rain," **"1i'?
Dr. Al. FntM-ier, who has had the ex
hanker 'onvlrt under observation for
over two years. Dr. Fowler has Just
returned from \?w York, where he re
m.^lned with the former Ire king until
h?- sailed for Bad Nauheim He said
Morse is improving now very rapidly,
though he is ?till a sick man. He may ?He
before the year Is out. or may live four or
five years longei'. So one ran tell the
| exact length of the life before him. I will
say now that Mors?*- will never again be a
well man. He will. I believe, be greatly
improved by his trip abroad and rome
home In physical and ment.il condition to
allow him to re-enter business If he con?
tinues to Improve I would not be at all
surprised to see him dabbling In Wall
"There are a lot of people in New
York.'* Dr. Fowler continued, "who
would give money to know If he will
ever return on that street. There are
many who hope he never will. I saw
enlucir to cominee me that Mr. Morsa
is feared by the people with whom he
MAYOR SERVED IN SUIT
Accepts Papers in $13,000
Action Brought by Surgeon.
I Rv Telegraph tn Tie Tribune ]
Atlantic City. Feb. 19.?Mayor Willlsm
J. ?iaynor acknowledged summonses here
to-night In the civil suit brought against
him by Dt. William J. Arlltz. head sur?
geon of the St. Mary's Hospital, of Ho
boken. for $13,000 for services rendered,
following the attempt on the Mayor's
life In I9in.
The papers were served on Mr. Oay
nor in the Marlborough-Blenheim, whore
he Is taking a ten dnys' rest, by T'nder
Sheriff Joseph Bartlett, of this county,
who wit? accompanied by Mark Town
send a lawyer, In the office of Rdwards
A- Smith, of Jersey City, counsel for the
Dr. A Hit j* alleges that his bill for $7.500
was thrown out by the Board of Aldermen
of New York, who assumed llsblllty for
the expense Incident to the attempted
assassination, although they paid high
prices to New York surgeons cslled Into
consultation. He was offered $2.&oo, hut
this he refused.
This Is the first time th? lawyers havs
?been able to- catch Mayor Gaynor on
Jervey soil. He was taken completely
by aurprloe The Mayor mint answer In
Hudson County on February 29.
LIVELY FIGHT IN THEATRE
Husband Finds Wife with An?
other Man and Makes Scene.
QoaiftJS Shaedler, an electrician, living
at No. 154 Fast S9th street, who had
gnm*" into the American Theatre, at
Fighth SVenttS and 42d street, last even?
ing to get his mind off his troubles, and
more particularly his wife, who recentlv
had separated from him, was amaz'd
when the rurtafn went tip on th?? scr.uid
net to see her sitting a few seats in front
,?f hlin with a strange man.
Shaedler lost not a moment in getting
nul of his seat. He leaped down th??
aisle, hnuled the stranger out onto the
floor on his kne?-?s and elbows, and began
giving Mm a vigorous beating, to the
vast ?liverr-lnn of the audience. When
th*- fl?"?"k of ushe**R who had come run?
ning found they could not separate the
ptgSr, th.y e;i!led James (?Nell, a Central
(?tflce detective, who was In the lobby,
and he finally got th* enraged husband
pried off Mrs. Shaedler's escort, and took
ths two men to th* W?**st 37th street
Tb6 wife followed, and at the station
the thr?? made such a disturbance that
the lieutenant ordered them all locked
up f??r fie night The man who bsid
taken Mrs Shaedler to the theatre said
that he was Henry (?cbhardt, of No. 621
\V, st ''Vli street, the same address at
which Mrs. Shaedler has lived since she
separit."! from her husband.
? . ..o -
IDENTIFY TRAIN VICTIM
Man Killed at Larchmont Satur?
day Was J. B. A. Lounsbery.
The body of the young man who was
killed by an express train at the Larch?
mont station Saturday night was Identi?
fied yesterday as that of James Ben AM
Lounsbery. son of the late Richard P.
Mr. Lounsbery had be<m driven to the
station from his home at Bedford by his
chauffeur, it having been his Intention to
take a train there for New York and
visit his sister. Mrs. Henry P. Perry, of
No. 17 East ?Sfith street.
Two women who ere at the station
told Coroner W. H. Livingston that the
young man suddenly took off his fur
coat and then Jumped In front of a New
York. New Haven & Hartford express
train. The station agent said Mr. I?ouns
bery had walked up and down the plat?
form for an hour before the ac?*ldent.
Mr. l-e-uinsbery was thirty-three years
old. H?- was graduated from Yale In
1902, and seven years later married .Miss
Rhea Isabelle Slev-r, ?laughter of charles
Slever, of Detroit. After his marriage he
and his bride went to Kurope. where they
remained several months. The couple
had passed the greater part of the last
two vears in the South.
The funeral will be held to-morrow at
the home of Mr. Lounsbery*? sister. It
will be j.rlvaff
LUSITANIA DELAYED 24 HOURS.
Queenatown, Feb. 19.?The Cunard liner
l.imltanla. which whs yesterday delayed on
account of fog In the Mersey, haa been fur?
ther retarded' by a storm She left thla
port for New York at 1:*) this morning. In?
stead of Runda;, morning, sccordtng to
C it fruits, jeries. wat? r-1'es made de
f'iuh wl'W Anaoatur*-. Bltt-r-,. -Ad*, t.
Counsel for Schiff and Gans Sur*
render Four on His Request,
Including "Rough Draft"
Held by Sr/iiff.
PINKERTON MAN TESTIFI&S
Says He Got Letters for Gans,
and Wrote Valet's "Confes?
sion"?Schiff Servant's Evi?
dence Favors Prisoner?
Hand Probe Brief.
John W. Rogers, the Plnkerton detec?
tive who went to the rooms of Folke F.
Brandt on the night of March 11, 1007
in company with Woolrldge and Taylor,
the police detectives, told his story to
the grand Jury yestcrdi'.y. From Rogers
the Information was drawn that he ha?l
taken the letters which belonged to
Brandt and had delivered them to How?
ard S. Gans, and that he had gone for
the u-tters under Instructions from Mr,
The three letters and n cnpy of the
fourth, which were supposed to be .i?l
that wer? preserved by Mortimer L
?Schiff and his counsel out of the bundle
taken from Brandt's room, were deliv?
ered to District Attornev Whitman yes?
terday by John p. Lindsay, of N'lroll.
Anable, Lindsay <fr Fuller, who are act?
ing as counsel to Howard P. Gans. It
was stated earlier In the case that Gans
would make no objection to giving up
the three letters he held, but that Mr.
Schiff would go to almost any extrem*
before he, would part with the one In his
Apparently the Schiff counsel thought
better of that matter, however, for the
letters were turned over to the nistrtct
Attorney yest?'r?lay on his mere te<?nest.
I>ater. it was said, letters of far greater
Importan??- were missing Brandt's
friends say that among the letters taken
from him and n??t returned were corre?
spondence with members of the icblff
household. The fourth letter, over tfhk h
It was expected Mr. Sehlff would make
such a fight and which, it w??s admitted.
was ?inly In "rough ?Iraft" form, was
actually a "roi.gh. draft" of the first let?
ter, according to Brandt, he wrote to a
member of the Sehlff household, n first
letter which was follow?! by a < ?intimi?
ons correspondence whl?*h lasted until
Brandt was arrested
This first letter was written, ??-cording
to this Information, in the early fall ,.f
Roger? Amazed at Sentence.
Rogers ?aid ? ?'strrdsy that he had been
ninased when he first learned that Brandt
had been sentenced to thirty years' Im?
prisonment HI? und'rstandiiig of th
mntter. when he trug working ?n the
?ase. wn? that Brandt was to be sent out
?f the country back to Sweden, he be?
lieved and that he was to receive enough
money not only t<? get him out of the
Way. hut to start him In business In his
native land, and thus prerltide any pos?
sibility .?f his returning to New York
Rogers believed then that Brandt's
confession was chiefly fur use in case
Brandt shiuld ever try t?> return to this
countr*-. Rogers admitted that he went
to Brand's r<?"ins. In Last 4_<1 street, on
the night Of March II. 19*1. tor the ex?
press purpose of getting Brandt's letters,
and that he did it under Instructions
from (Jans. The question had previously
come up In the present Investigation as
to why counsel to Mr. Schiff was ?>m
I'loyillg private detectives t?< gel th.Sii
letters of a man who was ostensibly In
Cll-tody f r burglary In the first degree.
Leorjard Bourne, the only other wit?
ness heard l?\ the grand Jury yesterday,
was anotar servant in the household of
Mortimer L. Bchlff at the time when
Brftidt was Mfll away. He appeared be?
fore the grand Jury practically on the re
f-tiest of Howard S (ians, who wrote to
District Attorney Whitman that he had
found Bourn?- In Boston? where h.. was
working as a chauffeur, and that Bourne
was the man who furnlsh??<l the Infor?
mation that Brandt had broken Into the
S'hIff house and was therefore charge
able with Arn* degree burglary.
Bourne's story, however, did not seem
to bear out the advance notices with
which he was brought into the present
revival of the ?ase. Bourne was in the
kitchen of the Schiff house all thHt even?
ing of March 8, 1i*i", and he saw neltlu'r
Brandt nor his shoes, as per the stories
,,f the complaining witness against the
He heard no cries nor scuffling, and
when Mr. Schiff ?ame down the stairs
about 11 O'clock that night he said noth?
ing lbout any "burglar," but said ?inly
that he had been hit on the head.
Bourne did not know that Bran.lt was
arrested until some time later.
Whitman To Be at Hand Hearing.
Whether the grand Jury will tike up
the case again to-day depends largely
upon the developments of the first ses?
sion Of the Inquiry to bo started this
morning at 11 o'clock by Special Commis?
sioner Hand. District Attorney Whit?
man w'ill attend that hearing, and l?e
Bald last night that If he could be spared
from it in time he would continue his
grand Jury work. If not, he will post?
pone the continuance of the grand Jury
Investigation until to-morrow.
Attorney General .('armody came down
from Albany last night to appear at the
Hand Investigation. He was not In
?Hned t<> comment upon it In advance,
but he hoped that it would be "very
brief " Mr. Garmody expected that one
day, or possibly two days, would suffice,
because he believed that Mr. Hand
would need nothing more than the rec?
ords now in existence in the case. He
did not think any witnesses would.be
called?at any rate, none whose appear?
ance would In any way embarrass the
grand Jury investigation, nnd certainly
not either Mr. Gans or Mr. Sehlff.
It is the Attorney General's firm con
l ontlnued on third p?ge.
MAILLARDS VANILLA CHOCOLATE
1* the basis for a??me of the most de||r?,ie
.-user!* it is used by chefs at leading
DEMOCRATIC POLITK IAN Hey! I'ncle, we've disc-overed there's a sugar tnist!
UNCLE SAM >G?ood; and have you "?discovered" there were an nil trust and a tobacco thirst?
?Alt $1,000,000 PUNI
Home of Institution and Medical
College Found To Be Too
Small for Present Needs.
BUILDING TO COST $500,000
Dean Copeland Says New Struct?
ure Will Be Completed in Year
and Should Make Further
The trork of Fl??wer Hospital and the
New York H.-mcropathlc Medical Cil
\ege. under Dean H. S. Copeland. has In
rrssssd M groatly in the last four years
that the institution has outgrown Its
present buildings, and a ."..mmlll
the tn.st.-es has (MM appolnt-d to ??elect
a new vif and bate 'I'" V*tktta ?Irawn for
:l m(,dern hospl.i.l and "_^f>_^j?
tO ,-,.,-t in the neighborhood of *.**K,000.
It Is believed that a site ?an be obtained
for taOaOOO. and HOaOOO mow is ?.^.le 1
for new equipment.
This makes a t?oUl of approximate^
|1,-Q0IM)00 that UM ?-.-titfmplfite.l move
will ?ost Of this mn?.utit the hospital
already has ner.rly one-half. The sqtlity
in the present real estate holdings Is
1200,006, k?d funds on hand and pledges
of c'.ntribntlons mak.? th? r."tii**lnd.?r.
Mure than ?Jrl?tyCJOO has already been
pledged toward the new building, pr??
vl.led th?- remainder can be raised, and
the hospital authorities are ho ,-onfldent
Of th.lr ability to get the rest of th.,
D-tonoy needed that th?-v are planning t i
begin operations on the ttem building i??
Flower Hospital and the New York
Hom.i-opathic Medical College an?
housed at present in seven buildings OC
, upylng the l?l"<'k front <?n the Kast?*rn
n.iulevard. I??'tw.-n BM atad 64th streets.
The buildings were put Up In 1H'?1 and
were considered at that time a model of
hospital and <-?dlege <*onstru?*tion. but
the needs Of ?Ul? institution and particu?
larly modern ideas in hospital ?-onstni?
tlon have made them antiquated. In thi
list three years the number Of beds In
the hospital has been increased from 15
to ISO, ami, correspondingly, the numbe;
of "In patients'' treated a year has In?
creased from 2,000 to 4.<?M'. The ambu?
lance district of the Institution extend*
from 41M street to 7Hth street and from
river to river. Rixty five hundred am
l.ulance calls were answerad last ysar
and 47.000 dispensary cases were treated,
including ifiOO cases at mothers and
children, while there were 47.tM>?> days
of troatment given to charity patients.
Work of Col'aqe la Hampersd.
This work was d?-nr by an Institution
housed in a building that is a maze o?
dark halls, winding stairs and floors
whose levels change three or four tlin?s
in the width of the building. The entlr.i
equipment is Inadequate to the work
done, and that growing year by year.
The work of the college Is hampered in
the same way. Four years ago the total
enrolment In the college was 87 stu?
dent?, with 11 members in the fre3hman
class.' This root the enrolment Is L'8.?
students, with 81 freshmen. There are
faolflt.es for taking care of only 66
freshmen and the class had to be weed .-?I
d..wn to that number.
Laboratory work. also, must be cut to
suit the equipment. I'nder the direction
o? Dean Copeland the laboratories aro
?. i.? ??tu?--' on ?flh paff. !
PEER'S WEDDING IN LOND
Lord Howard de Waiden Bri<
groom in Quiet Ceremony.
London, Feh 19.- Lord Howard
Waiden, <?ne of the wealthiest men
F.nglnnd, and Miss Marghertta van Ht
te. elder ?laughter of the late Cha
va?? Raalte, of Rmwnsea Island, p
married to-day in th? parish hot
Mar?, lebone, only a few relatives and
t?mate friends being present.
I.ord Howard de Wahlen succeeded
his till" as an etghth baron In 1*99. ]
Income from the Portland est?t?-*, no
of Oxford street, has been estimated
more than fi'50.1* on a year. He was b<
in I*-*.'', and succeeded his father in
title when he was nineteen years old
Wrsntllltv Is the distinguishing fe;
itre of I/>rd Howard de Waiden. 1
'many Interests embrace sport in
number of phase?? ra.es, automobtlit
yachting, motor-boating, aviation a
leming, literature, music, heraldry a
I'tnlcr the pep name of "T. B Kill
the young poor hoi written the llbret
of an opera. "Ih van," which was cor
pose?! by Joseph Holbrooke and pr
d'ne.l at Coveul Garden In 101<l bottd
a f.uir-act Arthurian drama, "I?anval
will? h was producod at the Playhou
Bullet Fired to Frighten Fugitiv
Glances from Sidewalk.
While ? hasing a man whom he sougt
t<> arrest for robbery yesterday aftei
neon, Dete? live Sergeant John J. Tal
attached t<> th?- Last 22d street polk
Biatlon, tired a shot, which glanced frot
the sidewalk and passed through th
light leg of Henry Cunningham, of N<
_1<> Bast .'?th street, a bystander.
Talt was on a 28th street <*rosstow
car when he saw Peter Madden and
companion.holding up I man. He rushe
off the car to g<> to the citizen's assist
ame, but Madden recognized him an?
ran. The detective started In pursul
and at l?*ugth tired Um shot to frlghtei
Madden, which hit Cunningham. Mad
don continued running, but was ?*augh
?.t 28th street and Third avenue, where
iiptin Talt returned to the place when
he hail Bred the shot and found Cum
ntngham In front of No. 162 Kast 28tl
?treat, suffering from a bullet wound lr
(he ?*a|f <?f the right leg.
Bellevne Hospital surgeons said th?
a ? ?und was not grave. Madden was ther
laken to the East 22d street station and
locked up on a charge of attempted rob?
BANDIT ROBS PASSENGERS
T?akes Money and Valuables from
Sleeping Car Occupants.
Baltimore. Feb. 10.?While the New
York-St. Louis Express, westbound, on
I he Baltimore A Ohio Railroad, was
ascending the seventeen-mile grade be?
tween Piedmont and Altamont, W. Va.,
in the Allegheny Mountains, shortly be?
fore 10 o'clock to-night, a masked man,
armed with two pistols. Jumped on one
Of the sleeping cars and robbed the pas?
sengers of money and other valuables
He dropped off and escaped just before
the train reached Altamont.
MISS MARLOWE IN HOSPITAL
Actress, in Washington, Faces
Operation on Throat.
Washington. Feb. li>.?Julia Marlowe
the actress <Mr?_. E. H. Sothern), was
taken to a hospital ?o-day for an opera?
tion upon her throat.
It was said to be not a serious one.
NO OPIATES OR HARMFUL DRUGS
In Brown a Bronchial Trod*.*.*. -Advt.
LELAND GIVES MILLION TO
President of New York County
National Bank Makes No Re?
strictions on Use of Money.
VAST PLANS OUTLINEO
J. P. Morgan Lends More Pict?
ures, but Disposition of Great
English Collection Is
Still in Doubt.
Robert W. de Forest. vi?-e-president of
th?*- Metropolitan Museum Of Art, an?
nounce?! last night that Francis I_ Le
land. president of Hie New York County
National Bank, had made an uncondi?
tional gift to the museum of 1,200 shares
of the sto?k of the banking Institution,
valued at more than $1.000.000.
The gift was announced by Mr. Lelan?!
to Mr. de Forest and J. Plerpont Mor?
gan. Jr., who, after the annual meeting
of the museum, held during the after?
noon, wer?? Invited to call upon Mr. Le
land at his home. No. 137 Riverside Drive,
In regard to a gift to the museum.
When the -sflft was announced by Mr.
Leland. Mr do Forest suggested that It
IM ?nade m the form ??f a letter, and the
following was handedi t?> Mr de Forest:
J. Plerpont Morgan, esq . president Metro?
politan Museum of Art
Pear Sir: I herewith make a gift, out?
right, of one thoiisiinri. two hundred (1.200)
shares of the New York ("ounry National
Bank stock to the Metropolitan Museum
of Art, without ?'ondltlon. very truly fours,
FRANCIS I?. 1?KI?AND.
The stock quotation of the New York
County National Hank yesterday was
?980 bid and 900 asked.
Mr. De F?-?rest said last night: "While
the gift Is absolutely unconditional, the
trustees of the museum, In ray Judgment,
will hold It as a principal fund, the In?
come of which only will bo used chiefly,
not entirely, for the purchase of art."
The annual income of Mr. Leland's gift
t.i the museum, it was estimated, will he
Mr. Leland Is a member of the Museum
of Art. The gift ni.ide by him is one of
the four largest received by the Metro?
politan Museum of Art and the largest
ever received during the lifetime1'of the
donor, the others having been bequests.
Besides being president of the New York
County National Bank, Mr. Iceland is a
director of the Manhattan Screw and
Stamping Works, director of Park ft Til
ford, director of the I'nlted States Life
Insurance Company and vice-president
and director of the West Side Bank.
Mr. Morgan Lends Paintings.
While there is still speculation as to
whether J. Plerpont Morgan will give or
loan to the Museum some of the treas?
ures he intends bringing together In this
country, the Museum authorities were
able to announce the loan of four paint?
ings which heretofore have been hung
in Mr. Morgan's library. The loaned
canvases are considered among the most
important ever placed on exhibition by
Mr. Morgan. They include "Madonna
snd Child." by Fra Ang?lico, a picture
formerly owned by the Kin? of the Bel?
gians; "Macrlno D'Alba." a portrait ?f
the artist himself; "Virgin Adoring
Child and Saints," by Peruglno. and
Continued nn tlftti nag*.
FLORIDA?SUPERIOR SERVICE vis At?
lantic Coast Line; "N. Y. k Florida Spe?
cial" leaves 1:26 P. M. 3 other limited
trains daily Superior Roa?nu^. AAfk&'woj-.
Relatives File Petition in Kings
County Court as Gardner Is
Held on More Serious
WILLS FORGED. SAYS LORD
He and Ex-Senator Enjoined
from Using Any Power of
Attorney ? Cousin Tells
of Aged Man's Mental
A force which may count toward the
peaceful conservation of his large estate
and fairer treatment of the person of
the aged and Infirm recluse, Samuel E.
Haslett, of Brooklyn, whose fortuna
Frank J. Gardner, the former State Sen?
ator, was doubly charged yesterday wltu
conspiring to obtain, unexpectedly cam*?
Into the case yesterday when some of the
Haslett relatives tiled a petition for the
appointment of a committee of the old
man's person and property.
The petition was filed before Judgj
Lewis I* Fawcett, In the County Court,
Brooklyn, by Eugen?* A. Phllbln. forme?
District Attorney, head of the law Arm
of Philbin, Beekman. Menken A Orls
com, of No. .**4 William street, on behalf
of Ellen Haslett Samuel, a cousin of
Haslett. It carried a request for a com?
mission to Inquire into the santty of tho
Judge Fawcett Issued an order to shovr
cause why the petition should not b.
granted, returnable before him on Feb?
ruary 2H. The court also granted an In?
junction, pending th? hearing on the pe?
tition, restraining Gardner and John B.
Lord, whom, It Is charged, the former
State Senator sought to displace na
counsel for Haslett, from acting under
any power of attorney they may have
obtained from the old man and attempt?
ing to Interfere with his estate?.
The petition asks that a Brooklyn
trust company and one or two responsi?
ble persons be named as the committee.
Lionel Samuel, husband of the petitioner,
made an affidavit In whlrh he described
the demented state In which he found
the old recluse and the deplorable con?
dition of his big house In Remsen street
upon several visits he made there re?
cently. Mr. Samuel is vice-president of
the commission house of Rojas & Co.,
with offices In the Whitehall Building.
The Samuels live in Maple avenue.
Staten Island. They were in conferen? e
with 8. Stanwood Menken, of the PhlMc.ii
firm nearly all day yesterday.
About $1,000.CKX) Involved.
Mr. Menken said, after the petitt?*n
had been filed, that Mrs. Samuel ha?l
acted impartially In the matter, with ll??
idea of preserving the old man's inter?
ests apd that of his relatives, wltho"t
regard as to who would ultimately ?et
the property. He said that the Haslett
estate would probably amount to more
than $1,000,000; that a fortune of that
size had been left him by his young
wife, who died about twenty years ago.
Gardner was arraigned and rearrested
in the AdaflM str?*et police court yester?
day. While the first charge of conspir?
acy against him was only ? misdemeanor.
he was charged yesterday with a felony
In violation of Section 932 of the penal
?'ode. It was alleged that, he obtalne.l
Haslett's signature to two wills and t
power of attorney under false pretences.
John B. L^rd, who has acted as counsel
fur the old man for some years, made
the complaint. The bail was raised from
"3.000 to $?,000, which Gardner furnlshe.l.
The former Senator evidently had not
expected the more serious charge when
he appeared in court. He seemed some?
what confused for a few minutes when
another warrant was served on him. but
so?m got busy and secured the additional
ball. He declined to discuss the new
feature of his case ex?-ept to promise
some sensational exposures before It had
been thrashed out
Gardner's Counsel Blames Others.
Max D. Steuer, Gardner's counsel, gave
out a statement at his office, No. 1 IS
Broadway. In which he Intimated that
instead of being an Instrument of crime
his client apparently got Into the Haslett
matter at an opportune time and had
probably prevented the consummation of
what appeared to be a diabolical plot.
Mr. St?;uer said he had discussed the case
with Gardner yesterday, and that the
story he told him was a highly probable
one. He expected to verify it through
many reputable witnesses, and be able
to prove Gardner's lnno?*ence If he **?*
brought to trial. He added:
"If my present notion of the circum?
stances develops to be the real one, there
are people who ought to be prosecuted
but Senator ??ardner Is not one of them."
Following the second complaint, which
he lodged against Gardner yesterdav.
Mr. Lord Issued a statement In which he
declared that the Haslett signatures t
the two wills In qu?satlon and the power
of attorney were all forgeries. He sail
that he had been Haelett's attorney tot
twenty-five years and his tenant tag)
twenty years, and was familiar with hu
handwriting. He said that Haslett's c??
tate would probably not amount to mor?
than $200.000. He de?*hired that the old
man had no* near relatives and that his
physical condition and the condition of
the "house of mystery" in which lie
lived had been greatly exaggerated, lio
said the aged recluse was able to walx
upstairs by himself yesterday, and that
he was In charge of competent attend?
ants and the house was being thorough?
"Mr. Haslett is not the great recluse
ho Is said to be. either," added the o?d
man's lawyer. "He has been very char?
itable; during 1911 he gave severs!
thousand dollars to various charities."
A neighbor of "the hermit," as h.
was called, confirmed yesterday tho
charitable tendencies of the old man, de?
spite his peculiarities. He said that h.?
knew of Mr. Haslett sending three |1.0??u
DF.WEY'S PURE GRAPE JUICE
Purfles the blood. A delicious beverage.
HT.DKWEY&S?NSCO..Un Fulton 8t.,N.*fi
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