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SOWTE BEGINS TRIAL
Commerce Court Judge Appears
to Defend Himself in Im?
peaehment by the House.
OPENING STATEMENTS IN
Case Rests on .Ulegations of
Jurist's Relations and Deal
ings with Coal Com
panics and Railroads.
-. Tba TlB>aBa Bur?au 1
Washington, Doo. ?..? The flrst word ln
defenoa Of Jiult:.- Kobert W, Archbald
was Dttorad to-day before the Senate,
alttlng ss a court of impeaehment, by A.
B, WorthfiOgtOB, one of his counsel, who
i on behalf of tha reapondent to the
detaHed chsjrgea fonpulatod hy Ch_J_-aan
ClaytOB for tlie House managers of the
lni|? ;c iirn. ut.
"Wa aie ilghting ndverbs, not facts."
-aid Judfce Archbald s noonaaL who crltl
katlTi Clayton'i statoaaont
for nol aettlng forth the law under whi.h
int- fai la arera sHagofl to ooMtltote hlgh
cnImaa and aladorooanora "ttowaata in
tne i*i,it.<l BtatOOt" he added, "can there
be obtained OYldencO as to Judne Arch
bald*a Intagaity and boneaty that aill put
him in a BQBlttOB higher than that ht
jiolds in hla OWn community."
Tiie chargaa raeltod hy the House man
ogttt irera charactarlsad by Judga Arch
bald'a attorni > aa tha "tlgaitrti and de
lusions of tha briala of W. P. BoJand,"
who was reproaonted as havlng made un
fi.uril. _ stat. BaOnta to the Ii.Urstate
Commerce ("omniisslon and to the Attor?
ney OeneraL Befora the matter was re
l'eried to ti.e Juiiiciury ("ommlttee of the
HoQOO, Mr Worthlagtoa said, Judge
Archbald had had BO opportunity to reply
to th.- ehargaa The Attorney General
had nol beea able to carry out his in
CantlOII or givmi* JOdga Archbald an op
portontt. to r< ply bCfora th.- 1L.uk- passed
th. resoumon Cal'tnf fOf Ir.forniation.
Thara waa un mr ?.f ao-QBinlty about the
Bi-*jeadlBgi IB t-O Senate to-day. It was
with an obrtoua aeasa of duty that many
SeaatOI- ItStened to the detaikd stdie
meiit ut ehargaa and the reaponaa by
eoaaael for Judge Archbald, occupying
more thaa two hours. Judgo Archbald
followed the proeoedlnga aith nenrouo ln?
terest, bOt for the t-Venate and those WhO
.i th- Baiiartea ti.e trial aooa
r< achod the laad <-i aaao >Uany.
Senate Hears the Chargos.
RopN-BBtatlva Clayton, aaak-ai the
Qpoalng statemenl for tne Houae, declared
the facta ahown In tha investig-tion of
j .,- .M-chbaids relatlona with coal com
paniea and railroad* ahowed that Wa
-M.,e of mora!it> bad been AeadeaeO
?u,d that he had BMd his offlclal position
iu in,i.,. c offldala ol railroad- that were
or mlght be liticants before his co.irt to
l him fa-avrs or to coaast to busi
Tha Brat wltaeaa awlll ba summoned be
9a natr court of Impeaehment to
ro- it la exj.ected the Brat p< i
rtU be Edward J. Williams
CODB, William A. May and J.
j, futtenh ??. ut Beranton, aad Oeorge
r bto rnall ol How rorh, general ao
tba Brfta rUflread.
U ?c:e brought out either ly
...une managera or Judge Archbald'i
Ottonaeya that had BOt been pre.cntcd in
al hnpaachraant and
ih,- formal answet mada by Judga Arch?
Th.- trial Ui aapeoted to centre about ihe
te-timony as to Judce Archbald's connec
li ,! with the purchase or attempted pur
eartala refuea - o_i dnropa _Ua
attorney declared to-day it would Me
BhOWa that |d Hi" BrBt case (harKed
? ,t tiie Jurlst, ihe "KatydM cohn
baak" <;<--<>*. Jndgi Art I baM had beenpur
roread Into tha tituation by Will?
lam P. EtaalaOd. of Bcraatcto, and had
Mtod throughout as the friend of K. J.
WllUama, who Oaalred to purchase the
oii-ai bank. and without thought of p-r
| ? ? ,!..
Th? charsa agalnat Judge Archbald
all, , tion witli private and of
dga "f the ?.'onrt
,,, md aa Unlted SMfs dle
tni t j- dga r.- M fl ? >'? onoyivaaAa. ne
. ,, ,, i k- thi Hoaaa of Repra
.ttvea after ,-. full Inreatlgatkan of the
fa(t. )% tba Department <>f Justice and
?atsaaded boaainga befora tha iiou*-e Ju
Bk I ry Cawnmltti a
AT ODDS OVER BUDGET
House Democrats Differ Widely
as to New Methods.
Trfbaaae B_i_a_ I
WaShlBBtOO, !><<'. I -rresldent-elf-et
Wflaoa'a Inforraal approral of a budget
?yotem of sppropiiatkaaa devcioped io
<lav that there ls the wldOOt diverslty of
OgtatO- araOtlg BOuaa Democrats over
, , fi -.Mllty of such a sehemc. and es
j.ochdlv the Bna plaB thus far seriously
Briey, a Democratic
rneinb. r of the Approprlatlons Commlttee,
BTOlYi t ,t Plan for establishing a
B-dgat ^ystem. but some of his colleai?ues
are already picking flaws in lt. Now thr.t
the FilOBilaiit alert is tentatively com
Battted to something of the klnd mimf
ous legislutors are muturltig pet sehemes
or flndlng fault with that of the other
The general ImpreSBlon seems to be that
c-ventuallv t.ie government wll! come
around to a budget aystem of approprla?
tlons. but membera of the Hou'e seem aB
THE DAY IN WASHlNGTOh
,'Krom Thfl Tribune Bur'aul
W'aahlngton. December 3.
Rooaevelt Out of lt.
One ot the interesting and flQCftflWbfll
surprlslng developments of the comlng
together of members of Congress from
all parts of tho country ls the decidedly
c-t,crul conviction tbat Theodore Koose
Vfllt will never aK-ain be a candidate for
President of the United States. Were this
view connned to regular Republicana
thflTfl would at least be a susplclon that
UM wlflfl was father to the thought. But
BUOll is DOl thfl case. lt Ib dlfflcult to find
a so-calied Progresslve member of either
house who does not entertain this view.
Then are, of eourse, a few who belleve
Mr. Roosevelt will be the nominee of the
Bull Ifooea Party in 1916 and tliat he wi'.l
be elect. d on that tlcket, but they are so
few that they could be numbered on the
flngers of one hand. And. practlcally
speaking, the only men who are unwllllng
to expreas a view as to tho future of the
whllom third term candidate are certain
regulars who declare they are not in Mr.
ItOOflOTlilt'l contldenee. Among tbe men
who confldently assert that Mr Roosevelt
wlll not again be a candidate are some
whose admlration for the Sage of Ovster
BM knows no huunds. but who declare
that he dld not care thia year to become
President; that he became a candidate
from a senae of duty, und that, havlng
done his duty in launchlng thfl third
party, will favor the nomlnatlon four
ye_rs hene? of a candidate who has feWflf
enemies. lt is also surytrislng to find so
many ruifll flflfll Iflfl predictlng a eoalitlon
betweea the two wings ef the Republlcan
party, the eliminatlon of the third party
and the nomlnatlon of a reasonably Pro
grflflfltVfl candidate on tlie Republican
tli-k.t who will eommand the support of
all Republicans. This dev.-lopment is ex?
pected to result from the nnifylng effect
of being the mlnorlty party. lt Is note
worthy, however. that prediotions that
the two wings Of the party wlll come to
gether are made far more freely by the
Progressives than by thfl -flflJHlflf Repub
licans. Aii the advances thus far mad.
have been by the Proff?lt/?? and they
have not, as yet, mct wlth partlcularly
cordlal response from th-- Republicana
who remalned true to their party during
the reOflttl hostilltles.
Tho Two Eaaantiale.
ThflTfl are two essentials to Republican
unity, according to some of the ablest
and sunest Progressives. One is a dec
laration by the Republican National Com?
mlttee that Presldcntlal pref< rc-nce pri
maries will he recognlzed by that body
wherever tlifl state wlll provlde the neces?
sary machinory. The other is the cur
talltntnt of tho rt-presentation in the na?
tional conventlon of the Southern States
to ? flealfl preportlenetfl to the total rotfl
east. instead of an apportlonnK-nt ba?ed
Ofl population. It may be suggpsted that
this is _ pretty large order, and so it ls.
The argument advanced in favor of these
changes is that an exce. dingly large pro
portion of the Bull MOflfl vote was east
nol for Mr. Roosevelt. but against Mr.
Taft, and that It was east agalnst Mr.
Taft because Mr. Roosevelt and his po?
lltlcal managers flUCOflfldfld Ifl prrsuading
ft Iflfgfl number of people that the noml?
natlon oi Mr. Taft was .stolen-that he
arni oheeen atandard bfarer in spitp of,
and not because of, the wlll of the peoplr-.
Thflflfl Progressives argue that In arous
| ing mispi' Ion and Indignatlon Mr. Boo?
I vi t and his politiial managers were
extraordlnarily surcesfful and that it
ftrc Id :e dlfflcult to bring the party to
gether lf the people believe the existtns:
national commltteo could dflfflfll thfl wlll
of the people, but that Immfdiately the
Republichii votera were assured that they
COuld make their own cholre thrr.ngh prl
i mary elei tiona they would b? robbed of
_JJ griflVflACfl and would then welcome an
nppoi tunity to pi t back Into the party
fold. Of eourse, the argument for the
curtailment of the Southern rcpresenta
tion ls along the same lln*-s. <;i\e thfl
Republicana of tho country the assuranro
thaat they can nornlnate whom they flhooflfl
and thev wlll be robbed of all lncentlve
to remain in the third party and will
flock to the grand old party with on* ae
Mtd Anu flTflB if the nomineo of tiie
convention is not aa progresslve as thfl*/
miirht wlsh, they will at lenst feel that
I th'-y have had a show to nainp him. that
lie is the choi"* of a majorlty of lha
perty, and they will loyally support him.
Tbla 1" the argument of Progressives.
who, arera i at Ubertf to uea their names,
would flfltouad a large number of tbfllf
faUkna citizens by their post-clcction
Democratic Tariff Legislation.
Intimately involved in the view that the
two "rtnH of the RepaMtoaa party wlll
get together before the next national ehc
tion and that thus united It wlll gain _
urideclded as Governor Wilson regardlng
th.- d'-tails. (me or DflOTfl RdUflfl leai!ers
hav<- recently been ln eonferenee both
wlth President Taft and the Prealdcnt
eh-ct rcgarling ? budget plan, and tle
niovpment Is expected to receive addi
tional momentum when Mr. Taft senla
his message deallng wlth the subject.
That Ullia?fn will be Mr. Tafts thlrd.
Tho next one will be contlne.l to do
BBflfltk affairs and the general work ot
the government. and lt will be followed by
a message deallng excluslvely wlth tbe
MR. TAFT APPOINTS 200
Democratic Senators Plan to
Hold Up Conflrmation.
Washlngton. Dee. *-President Ta't
aent more than two hundred receas ap
polntments to tho Senate to-day. and Im?
mediately indlcatlons of a movement
| among some of the Democratlc Senators
to prevent their conflrmation became evl
BOOKS AND PUBLIC^TJONS^
BOOK8 AND PUBLICATION8.
ae "LetXEqtiilthe Unknown Qutntity."
Henry van Dyke's
finest work of pros..
and Some Half
IlluatratPd ln color and black and whlta.
$1.50 jiet_By mail $1.64
ICharles Scribner's Sons, Fifth Ave., N. Y.I
great vlctory. is the expectation, shared
allke ly regulars and Progressives. that
there will bp a large amount of tariff leg?
islation during the promlsed speclal ses?
sion of Congreaa. The view generally en
tertained is that the Democrats will pa-ss
bills i-ubstantially similar to those passed
before and vetoed hy President Taft. with
the exception of the 'Parmers' Free I_st
bill. whlch Ifl g. nerally recognized us a
buncombe measure, and the Sugar bill.
whlch would em-ounter ao mueh opposi?
tion from Democratic Senators from
Loulslnna and Colorado as to render im
posslble its adoptlon in th. Upper Hour-.
That wool and woollen goods, cotton and
cotton goods and steel and the manii
facturea thereof wlll come In for about
the reductions provided in the vetoed
measures. however, is the conviction of
most Republicans and of many Dt-mo
crats. although ther- is a wide difference
of opinion between the two parties as to
the result. The Demoerats are persuaded
that the people want such reductions and
that their party wlll benefit therefrom.
The Republicans are convlnced that such
reductions wlll prove the undoing of the
Democracy. They point out that every
adminlstration which has undertaken to
revise the tariff has suffered defeat, with
the exception of that which passed thfl
Dingley bill, and that then only the exist
ence of war saved the Republlcan party
from dlsaster. They are convlnced that
hlstory wlll agaln repeat itself and that
by 1916 the country wlll welcome the op
purtunity to reatore to power a united Re?
publlcan party. led by a r?-asonably pro
greaslve Pnsidentlal candidate.
Lflvy Would Aid Mon?y Truat.
An indlrect trlbute to the great proa
perity exiatlng under the present admin?
lstration ls eontalned In a resolution ln?
troduced to-day by Repreaentative Jeffer
son M. Levy. a New York Democrat. who
would authorir.e the Secretary of the
Treasury to deposit In the national bashfl
J50 000,000 from the surplns in the general
fund of the Treasury. Mr. Levy aa>s the
money etringeney ls out of keeplng wlth
the wonderful prosperlty of the country,
the enormous crops and the netlvity In all
branehes of trade. Prosperous condltiona,
the preamble of his re?olution reelt.s.
have caused a sharp nnd actlve demand
for money, and he deslres to relleve this
condltlon by generous deposit" of f-deral
funds ln national banks. The l.evy reflO*
lution seta forth that "the surplus ca-<h
in the Treasury Is $H9,M6.419 &Z. and th.
amount of dlsburaements expended out of
the general fund of the Treasury for the
Panama Canal. whlch is equlva>i,t to
ra.-h, ls $154,915.011 6tj-enual to a aWplUfl
cash balanee in the Treasury of $?"?>.
Mil.431 3!>. ' Mr. bflVjr'fl resolution was re*
ferred to th? House Coinnuttee on Hank
ing and Currency, which Is engaged 'n
the attempt to show that there exlsts a
money trust. of whlch the'national banks
form a part. lt is hardly probablc thai
this committee wlll look favorably on the
Levy proposal to dump li-W'.OOO of gov?
ernment m-.ney Into inatilutions whlch it
regards with such gravc auspi ion.
Up to Profeeaor Wilaon.
With a roll of BBBBaO, entilhd ch. Glori
OM Pand of I.iberty." under his arm.
Btpf?flatatlTfl Kltzgerald wundere<! ha'f
apologetlcally Into the executlve offlres
tn -day and souxht an intervirw wltti
FlflflMflnl Taft. Receiving the ear of the
President. the New York member tur.e
fully explained that he had brought tn
the White House what purported to be a
new national anthem. words and muatfl
comrletp. by Ourt P Hirsekorn. of New
York. Mr. Fltxgerald infonned the Presi?
dent that lt was the earnest IflfltM of
the author that "Oh, Olnrlous Dand of LA
erty" should receive the offVial sanction
of the head of th" iiHtlon n:el that thp
latter should lssue an executlve order
reeognizing It aa thp national anthpm ard
dpereeing that It "shall bp Mltf hereaftei
in all thfl pUbUfl sCiools." Cnfortun-atelv,
Mr. Kltzgerald ls not a atffht rmler "f
musle. and he was eble to give Mr. Taft
only a vague Idea of the stirrlng melody
of the ti-w song lt I" understood thp
President read thfl words. aceepted thp
roll of BMfltfl aa pre-ented and Jo<u!ar!y
remarkel that "This is a matter whleh I
should turn over U the Incomlng admin?
lstration." Havlng performed his mtssl.n.
Mr. Fltzgerald returned to the Gftpttfll
wlth a great. resronslhlllty off hla
shoulders and turned his attention to th?
requflfltfl ol other eoofltltuentfl ai a Icai
musi.nl, bUl Job hunting. turn of mlnd.
"Oh. aiOrlOUfl T/*nd of Mberty" pNbftblf
wlll be among the documents turned over
to his sueressor hy President Taft, anl
after he selects a <-ahlnet and dlsposes of
other presslng matters Mr. Wllson wl'l
have to declde whether the song ahoull
be made the national anthem by execu?
tlve order. H< **? H
dent. Senator Oore, It was aald, would
have the actlve support of aeveral col
lengues in headlng tho movement.
Tlie campalgn ls directed eapecial'y
against nominatlons whlch. lt is assertcd,
have been postponed from time to time,
thus brlnglng the new terms close to the
bafljttnlag of the Democratic adminls?
tration. Democratic Senators say that
the President already has deprlved the
Democrata of the prlvllege of appolnt
ing fifty thouaand postmaaters by plac
Ing them wlthin the civll service law by
a single order.
Most of the Democratlc Senators ax
pressed themselves as favorable to a
"dlserlmlnating obstruction," but aevef"!
Progresalve Senators, whose aaeistanc
had been counted on, dld not appear wil?
ling to co-operate, lt ls understood.
Amoeg reappolntrnents was that of
Kdgar E. Clark, of Iowa. as a member
of the Interstate Commerce Commlsaion.
NEW PR0BLEMS FOR SENATE
Numerous Measures Offered in
Opening Half Hour.
(From Tha Trlburje Bur?au. I
Washlngton, Dec. 3?During the flrat
half hour of Us session It became apparent
to-day that the Senate would not be
without new problems and reforma to
conalder if it ahould declde to take up
legislation other than the appropriatlon
bills after lt haa dtsposed of the Arch?
A bill to extend the drop letter one
cent poEtal rate, which now prevalla ln
small towna where there are no carrlers,
to al! citiaa ln the Unlted States, was ln?
troduced by Benator Penroae.
Benator Borah lntroduced by request the
Kowler flnancial bill, whlch has already
baen lntroduced in the House hy Mr.
Penslons of flO.OCO for retlred Presldents
and $6,000 for the wldowa of Prealdenta
are propoaed in a bill lntroduced by Sen?
The abolltlon of the Eleetoral College
and the direct election of President* and
Vice-Prealdenta are provided in a bill ln?
troduced by Senator Worui.
Supreme Court Asked to Strike
Down Aet Resulting from Use
of "Forbidden Power."
COMPLAINS OF DURESS
Limitations of Congress Would
Become for Many Vital
Purposes a Dead Letter,
Asserts the Attorney.
Washington. Dec ?. ? Arguments as to
the vul.dlty of the newspaper puhllcity
law, a section of the postofflce approprl?
ation bill. were closed in the Supreme
Cottrt to-day. Kollcitor (leneral Hullitt
speaking for the government and James
M Heck on behalf of the newspapers at
tacklng its OQBBtttOtlOPOHty.
Mr Ballltt held that the law was mere
|y an extension of a former regulatlon
whi.'h required newspapers to give cer?
tain infotmation tO the rostotflce De?
Mr. Book declared that one of the grest
problems of the day was whether the
courts could Btrlke down legislatlon by
C'ongres.s, pretendlng tO exerclse a power
jriven it, but ln fact a forbidden power.
Ife said that there was an alarming ten
dency on the part of Congress to do this,
nnd that the newspaper publlclty law
was but a single instance of lt.
.Senator McCunbar Introduoed to-dav k
bill orhlch would repeal this provimon of
ln his repty, Mr. Boch < haia. teriz. .1 the
governrnent's contention as ona* that
"either by the duress of a threatened
exduslon from the mails <>r by the in
ducrmenl of special prlvilegeK as to rates
Cowcrcss ls compettmt to effect obJeCtB,
which the MfcltO. tleneral pra. llcally
concedes are not ln th( mselv.-s appro?
priate subjerts for federal legislatlon.''
Government'a Bold Contention.
"Th>* Soli.iior General does not shrlnk
from tlie IokIc of his BMtaOttOO," SOB
tinued Mr. Heck. "Witli admlrable sln
cerlty and with even ajrOBtaf i ouraife he
a. ,.-; lf an.l asserts Ihe full logtOBl ex
treme of that eenteattoa. lie botdly OO
aarta that the poWOf of f'nngress OTOT
the malls Is BhBOlllla ?n.l BBiaatl-lBOd1
and that it can BOS such power for OB)
purr(.*.e. however it nuay othorwlos trans
gress the llmlt.'d powors of 'onur, s?.
"A more amaxwig and radlcal conten?
tion haa n**ver b. my knuwh.
subndtted to tha- court '
M: He. k OddOdi
ThiB ense and the eontentian of the
government tlierem hat .lrawn tha Issue
rery abarply between an arbltrary and
unreatiieted gorernment and .1 tt trlcted
and irer K,,vernnu'nt.
Either Congreaa has, aa ihe Bolleltor
General oontenda, th.- power t,, preacrlba
? sbaolutely" and with.. n tiie -t, ,:it
of judblal rcvlew. th.- eondltlona "i
which the citlsen shall uaa tha malls, "r
Congreaa ha? only the power, lo carrylng
out its great fon tlofl u .1 carrlei of tha
malla, t-> preacrlbe such eondltl..ns as
bave a i.-KHim.i. and appropriate ref
arenea ta thal functlon, Betw*ea theaa
two propostttona th.i.- aeetna to b.- no
Indefenaible Extenaion Seen.
if thia oaart shall aastaln tha conten?
tion "f ti..- gavernnsenl and ihua deelara
that Congreaa has an absoluti power to
declare wh.,t the citi.en RIBBt d,. In <rd r
t'. a\ail hlinself of pootal factllttee, 1 en
wa may exvt 11 :i wlde and lndef( 1
oatenslon of federal power, of arhleh
retther tha generatlon thai fraaied the
Constltutlon n>.r anj succoodlng genera
tion, <-x. .pt the present, would hai ?
dreinned as a posslhillty.
"Should this court austala th.- ooataa
t,.,n ..f tha ic.'vrri.ment." declared Mr.
Hrck, "then Its- greal deciaiiition, through
ChlOf JUOtlea Marshall. that ''ongrcss
inMv n>>t under lha pr.-text of ex?cutln?
Its power* 1 ass laWa for the acccnipllsh
ment or objacta not latrosted to th<* gor
erntnent" will btoOBM foi many praCtlCBl
and vitai purpoaaa a dead letter." Tha
attorney said further;
'i ba Kovernnient- contention doea n..t
limit tho power of Congreaa 10 preacrlba
CondiUons as to the thlng a<nt, bul also
:.s t<> tbe sender. and If this power b
an "abaolute" power, then it can deter
mlna the rondluona up'.n Which the pos
tai facillttea can be use,|, nnd it lon-i
eally follows that the condtlt.iis can r.
f. t t.< tha cltlaaq who opea tiie malls __
well as to the mall matter Itself.
ir ttus ba true, the advocatea of a
judlcial re ..li need not araate further
effc.rt in adroeattai that method ol over
ildin_ the Constitution, for Congreaa can
readily accompUah many purpoaea, which
under the triitri amendment wr,> reserved
tO the states atid the people thereof, by
the Bimpie dertce of oompelllnR the dti
sea to do thinps. 111 themaelvea beyond
federal power. lf ha wlshes to use th?i
If the next (yonKresa should pass n la*
that no newafstper should bo sdrolttad t"
the prla/ilegal OT second claaa matter
unlaaa ita eaTtorlal columna should sup
port the vh-ws of the majority ln tlie
next i'ongresn as to B reVlsloii ut the
tarlff, the Judielary would ba poweaieoa
to preveut such a Btraugling of fr?'o dls
If so lt must log-|caIlv follow that the
next Congress could not only brlbe tho
newspaper press of the eountry into aC
ceptance of lower tarlff dutles by thu
privllege <.f eheaji or free postnge. but lt
could force them lr.to such acqolescence
by a denlal of uny malllng facllitles what
ROW OVER OLEOMARGARINE
Lever Tax Bill Revived and
Starts Trouble ln House.
IFTom Tha Tribune Burnau ]
WaBhliigton, Dec. 3.?The laeve. oleo
margarlne bill, which tha Democrala of
the House sidttstepped ln the pre-caiiipalgu
s.-salon, was revived to-day, and Imme?
diately started a row In the Committee
on Agrlculture When the conunlttee
leeets to-niorrow two reports, drawn re
K-rdless of parttaaB llii'*s, probably will
be made, and the oleomaigarlne llght
will go to the House without anythlng
which amounts to the support of the com?
A siib-commlttee, of which Mr. Ia.iver
Is chairman, approved to-duy his bill,
which nxes a unlform tax of one cent
pound on oleomargarlne, levles | Ucense
tax on both wholeealer ami retailer of the
product, and requlres that oleomargarlne
shull ba handled ln sealed packages. The
Laever bill would aupplant the present tax
of 10 eenta a pound on artlfleially colored
and one-.|uarter of a cent a pound on un
RIDICULES WILSON'S PLAN
Democratic Committee Opposes
Ohange in Inauguration.
Washington, Dec. 3.?The pronosal for
b separatlon of the tuklng of the oath of
offlce by presldent-elect Wilson and the
Inaugura) ceremonles has been branded
as "utterly foollsh" by the Mstrlct Demo?
cratic Natlonal Commlttee.
lt was polnted out that It would be
Imiaossible to obtain enough money for
both occaalona. The people come h.-re, It
was deilared, not lo wltness the great
pageant and social featurea, but the his
torieal event of the swearlng ln of a
rrt-ldcnt of ihe United _tales.
RUSSIA TO^DEFINE POLICY
Will Show No Animosity in Com
mercial Attitude Toward U. S.
Kt. Peteraburg, Dec 3.?It is offklally
announced to-day that the Russian gOT**
rrnment wlll publish on January 1, thfl
day of the explration of the Russo-Amer
Ican treaty of commerce and navlgatton.
a statement outllnlng its future rommcr
dal pollcy toward the Cnitcd Btatflfl and
also a provislonal tarlff, which will not
contaln any great lncrease over the ex
Tho policy of the Russian government.
It ls said. wlll not be imbu.d by any ?p-rtt
of animosity, but will be directed BoW?
to the protectlon of the Russian markets
and to asauring to the Russian consumer
the most favorahb- conditions of supply
of the staple impo/ts hitherto comlng dl
rect from the Unlted atat.-s-namely, cot?
ton, farm machinery and Implements.
Tlie pressure flgflTtfld on Russia in the
matter tt Jewlsh passports and the rc
Biilting deni:nclatlon of the Russo-Amerl
ean treaty aroused the attention of the
Russian government to the necessity of
proteotlng the lnterests of Russian oon
sutners. Russia, It Is pclnted out, now
grows more than half the cotton she ei?n
aumea, and in fiftoea yeara from now she
v.-iii ln this refli ad bei oaa* afllf flufflfilng
Should the Unttfld Itaiflfl eontemplate
dlflcrlmlnatlnf mflflflur? against Russian
prodUCfl or shlpping, it is argued here
that it would bfl flfflll to rflflaflOI-flf that
Ruflflla Ifl ablfl to afleb aottoo in Etgjrpt and
India and naOhbMry ln Kngland and Aus?
Waahington, Deo it i.-> expected that
the -utrntnlatratlon win taaUa a statement
almoltaneoualy with tbal to appaar in
st. Peterflburg on January i. or even be
for.-, ooDTflylns to Americaa buatn
Clflfl information as to the basls on whb'h
tradfl may be eondu-ted bctweea Amerlca
and Russia following thfl . xplration flf
thfl flslfltlng trade treaty. This state?
ment will make it clflfl-1 that In thfl ftb?
Xi BOfl <?f any discrlminatlon by Russia
agalnst thfl Atn. i ll an export trade the
aslatlng r.^t<-s of tarlfl duflfl ?iii continufl
to be e_act?-d on laapofftfl from Itussta.
The tflfl-Pflimtfl tone ef thfl statciu ntfl
iv i.-,l from St. Petersburg Is gr.Ulfylng
|0 the. oihclals h- re as an indication of
a purpose- t" refraln from any attack on
American boalnflaa Thi refflrflncfl to thfl
laflM "f thfl ii'-w pr.ivislona! tarlff is
taken to jlflftfl that while thflTfl BUxf bfl
s(.me amall lucraofl** In the duttefl oa
commodltlea covertng the bulk ol tho
American eaport trada roc Ruaala, thflfl*
bm ratea *ni bfl of tflneral appHeatlon
and so cannot bfl rogarOQd Bfl dlacrla**
atory ag.unst Ainerkan fl
U. S. MAY AID GUATEMALA
Urgent Action Necessary to Pre
vent Financial Collapse.
| |-t ??!? Th" TtltMl B
Waeblngton, Dot I -Bmphaatstag the
neee-slty of Hnttn*1f1 aaaUrtaaea of btter*
wntion bv the f'nit.-.1 State-, te PTOtl 1
unti^i; boldetfl of tha fen Ign I ondi d d< M
of C.uatem.ila. B* IntlflMtcd in thfl P
deut'a npflsaajflt th* Departflaanl of Btata
to -l.i-. K.ive oui llg-rea ahowing how tha
rsternaJ deM haa Increaaed. In 1898 this
debt amounted to 0.40,10*, and in iftl th*
vnpaid Intarflflt al < per cent, and th.
prindpal totalleJ ?2::v>'. Indteattng thai
Ouatemala is ataadlly bflaomhn mt
? tiuigh-d tiourii ially.
Aaifltieaii bankera an aegotlaltnf wlth
tbe Uuatemalan gOYflTnmflBt for fl I : -'
loaa t" rchabBbate tbfl Quatamalan
flnani i a an ' ln I ??? ? nefotlatlona thfl
Btate Depflrtmenl la taklng keen lnt?r?fll
lt la re ognlflfld th il tha proposed loan of
IfV.vm.raYi would aatJafy the Brttlah rtatma,
aad .it th- aama tlma plaea thfl
bmuI "ti ? oomparatlval) ai in I ; i I Thi
loan, bowever, it la malntalnad, will n
hli prohabUlty antall Ameiicaa Bupcretslofl
o.er thfl tinanre* of i luntema'a, as in
the eae* ot Baato Dotntngo
Ptmng Intlmatlonfl havo been madi
that this govcintnet.t wlll flSfll I
right to prot-ct th* I'ritlsh fllalflflfl, Bl I
to this flnd wlll urip a BW?Ptftfl n-adjust
>:;? ? t Of t-fl fin.iu Iai s> .-I- RJ of th I
Quatetnalan government Qreal Brltaln
;.ale<l tO thfl Btatfl Department.
and tbla aetlon atrengthena the iirgeney
of Hetion to aave Ouatemala from flnam
dai soUai mn
HICKEY PRAYED IN BOSTON
Told Women He Wanted To Be
"Right with God."
Boaton, Dec i. Baylng thal ba aragtfld
Ie nakfl bhaflelf "rlghl witii Qod," J
Krank Iflokfl**, th* confflflflfld boy mar*
AflflJflT, went to thfl h> id.iu.irteiH of the
lteaoaehua*tta Wemen'a Chrlattai T*n
pflfMOfl I'nlon on November 11, Bhd Ifl
thfl preMBflfl 0- Mrs. Katln rliic LflHl >St' "
veii8on,*|ii.-sl<b nf of thfl union, prayel for
Mrs. Hevflfl-Og said to-ilay that she
gave Hlekey $:i to help paj ati (ara from
this elty tO New Vork lle B-M bfl h.id
a friend in New York who would firnlsli
him with trntisportatlon to Whlting,
N. J, wheie a ivok latt-r he was ar?
rested ehargfld arltb the murder of Joflflflflj
joseph, of Laekawaana, n. y.
win n Hlekey appaared al the Tem
perance I'nlon bfl told Mrs. BtOYflaflOn li?
had b. fla drlnklng for ten days and was
Borry for his Bflhauvh. Hfl preaented ,i
letter BbPhOi by the flUp*f_|t*Hdflnl Of an
Inehrbite blfltttUtlpB at Whlting. whlch
showed thal bfl ha.l 1.ri an Inmate thflTfl
and COUld return if he wlshe.l.
TRUST OF "GARDEN" KIND
International Harvester Com?
pany Is So Defined.
st. i/ouis, Dee. L?Al th* eonolofllon of
the second du\'s boarlng b*r* in the gov
ernment's suit to dlssolve the Interna?
tlonal Harvflfltflr Company, Joaeph EL
Darling. apeclal agent of tlie DflpOVtflBflBt
of JiiHtlce, said the government had ht ard
aufllclent evidence to OOOfllodfl that th"
harvester trust was of thfl "gafdflU"
varb-ty. "Uardeti" vuriety of tru.sts. he
explalned, were those that dflpflOd fllflBfl
on "strong arm" BBOthOda to extinguish
rompetitlon. not thflflfl d<-pendlng on
I'nited Stat-s patflttfl
Tlie government bflgaa to-day the In
troductlon of wltnes.scs iu an effort to
prove that tlie Internatlonal had drlven
baudredfl ot Ininlfliinnl d?lare out of
buslneas for refusal to handle only Its
Bdwaid P. Groavenor, speclal assistant
to Attorney Oeneral Wickersham. served
notlee on thfl harvester conii>any's attor
neys that a speech made ty CjrTUfl H
McCormlck ln January, 1P03. before a con?
ventlon of implement dealers ln Kansas
Citv muat bfl produced when tho speclal
examlner takes testlmony next we. k in
Chlcago. In this sp.-ech Mr. McCormlck
la said to heiv* told the dealers the dlf?
ferent harventer i-ompanlt-* lntendt-d to
form a comblnation.
LIEUTENANT 3AVAGE PROMOTED.
Lleutenant James J. Savage, who for a
number af years has been In the Police
School of Recrutts, was promoted j-flflter*
day to a captaincy. Hfl wlll continue to
work In tbe Bchool of Reerults. lle ha?
been ln the departuieut lor slxteen years.
l i. nuHim bui yp
Measure to Fix Physical Worth
of Lines Before the House.
WORK TO COST $3,000,000
Facts Brought Will Aid Inter
state Commerce Commission
in Equitable Rate Making.
! From The Tribune Bureau ]
Washington. Dec. 3.?Exhibltlng no
streak of laziness, the House remained
In session for more than six houra on the
second day of the new session, debattng
the Adamson bill provlding for tlie pliys'.
cal valuutlon of railroads. Before takir.g
up the Adamson MU, given pfftetlagad
status under a special order, the House
heard the maaaaga Of the President.
Action on the Adamson bill, which lrr.
poses l glgaatlc task on the Intersta'e
Conunerco Comtnlaslon, waa pootponed
until ThOI-day, as it became SfldOBt tu
night thal rofreshod mam-ara were wf
linc to talk on for hours. Prior to ad
Journment Keprescntative Mann, the
mlnority leador, offered a motion to ra
commlt, with amendments broadenlng t'r?
scope of the bill and provldlna; that the
commlssion shall be glven authority to
certlfy the stock and bond Issues of com?
The bill for th" physical valuatlon of
railroads was reported by the Commlttee
on Interstate und Forsign Commerce
durlng the last session. The proposed lr.
vaatlgaflon, it la estimated, win cost ap
prO-Jaaataly J3.00O.0OO, and the Interstate
Commer'e Commlssion Ib Ispoetod to cc
sume thr.-e years In thi task. The com?
mlssion is gl\eu power to ernploy the ex
Th.- meaeura authorlMa th.* commlssion
to dotaitllllia the value of all physical
property uncl by railroads subjeet th the
Interstata conunoraa laws, the stock and
bond Issues of BBCh carriers, the net and
groaa aarniaga and other facta which will
ald ln acjottabli ratcmaklng.
Tn rrportlng tho bill the committee as
serted that "The anomaly has Rrown up,
gradually and uneonaeloaaly, as it were?
groarn up in the oourti thatnaeleaa bi
wt i! aa the commlssion?that puhllc car
rfora are to be allowed to charge an ln
coma oo whal thej oo-a as weii as what
thi | OWB. Nobody else in the world with
arhom ara are ecqualated la allowed that
pi IrUege "
I i Hlay m.irkfd the tirst BCtOal busl
r>. s of ihe SQBSlOn, SO far as leglslation
was concernod, Houaa niemhers showed
an BOOauaJ dlapOBttion to remain In thetr
aeata, aad Lha attendanoa durlng the de
bata was out of th.- ordlaary. Approxi
mately, two hundred members remained
in the chamber, or wlthln reach, durlntr
tha protracted saaatoa, which indicated
that tba lower body wJU wasto no tlme
ln gettinc; down to business.
Ti.e lefftalatlare, axecutiTa and judlcial
..;?? roptiatlOO bill Will be aubotittad to the
House to-morrow. and the fortiflcations
bill i.? practlcally ready.
DEATH PENALTY 0PP0SED
Twenty-five Years to Life Urged
bv Prison Head.
Albany*, Dec, 3.?Coiooal Joseph V. Scott.
Buperintandent of ntata) Prlsons, diacoso
Ing tha pardon of dJbert T. Patrtck by
QorernOf DlX, said to-day that he be
Hered th>* enda of justice woold be up
held it aiordereri raoatvai sentences af
from twenty-five years to Mfe. Colonel
rVott ha.- long bOOB i i advocate of tho.
sbolitlon of capltal piinlahmanl "There
is not ,i life man' ln the Wew Vork State
prison-. tO-day," he said, "who haa served
tw< nty-flva :? aars." **.
Tha elemanl of uncortalnty ln tba guiit
of l'atrlck, the fa. t that the Court of
App.-als was divlded four tO three ln
ui holdlng the Judgmeiit of convtctlon and
Patrick'a loog Uapriaoofoaot, oeaitf flve
\c.us of whleh w.re spent in the death
boaea la Biag sim;, Colonel Bcett aaatgood
M roBSOBa which CBBOad him to reeom
saond ta Qovernor Ma that Patrick be
coionei Beotl thlnka thal New Tork
State should have a board of pardons,
ns BOggBBtOd by C.overnor Dix. but be
Iteveo the board should bara tho power
Of lecominendattioii only, baving to tho
Qovernor aloaa tha autboriti to exerclse
You can never be
sure that an Indi?
will survive you long
enough to carry out the
provisions of your Will.
In the event of his death
a substitute would have
to be appointed by the
Court, in place of the one
whom you had selected
for this important work.
You are insured agains
such a contingency if th,
Astor Trust Company u
named as your Executor. Tht
collective knowledge and ex
perience of its officers and
directors, and its organization
created for exactly such pur
poses, assure a thorougnly
competent as well as a con-,
Our officers will be glad at any
tlme toconfer with you regarrling
your trust or banking business,
Truste* for Peraonal Truats
Mimbtr Nt* York CUoring Houm Auotttthg
Fifth Ave. and 36th St. N?w York
MIGHT STEAL $100,000,000
McOlung Says It Is Possible to
Rob United States Treasury.
(By Telegraph to The TrlbuiK- 1
Plttsburgh. Dec. 8.?":: la physically
possible to steal $100,000,000 from the
treasury of the Unlted States," aald Lee
McClwag, retirlng treaaurer of the United
States, tn an Informal speccli to-nlght at
a dinner in hiH honor gl\en in tlM Fort
Pitt Hotel by Plttsburgh Chapter Amer?
ican Instltute ot Banking.
"Kurthcrmore," declared Mr. McOluns;,
"the tiaaaiirar of the Unlted States is the
only empUye of the Treasury wbo la
under bond to the government of the
ri.it.d States und Is held raapoturibla for
any defaleatlon ln thr department, and
can be relievcl of the rosponslbility only
by an Mt of ?"ongres**. and this ln the
face of the Cact that he doaa not handla
any money himself per.sonallv"
WRANGLE IN* TRUST SUIT
Cash Register Case Delayed by
Lawyers' Lively Tilts.
rin.-lnnatl, Dec. 3.-While Henry O.
James, the g.,vernm.-nt's Brat taltneaa la
the trial of President John H. Pattaraaa
and twenty-nlne other olflclals or former
ortlclals of the Natlonal Cash P.egi-ter
Company, char_<*d with vlolation of M
crlminal section of the Sherman antl
trust _ct, was on the stand under croaa
txamlratlon all of to-day. Uttle tnforma
t: ii was gafOO- from him. ObJaCtl-fll
were iiia.ii- almost ..ontinuous'y by the
proseci tion to the def.-nce's attempts to
draar frou Tamta information concernlna
hla hnowladga of alleged infrlngementa
of patent rights by regiater OOBipaatal
other thaa tha National
Unlted Btatea Attorney Ifel her ton, in
explatr.lng hla objectlons, asked the . O-Tt
to hold tba i roaa-axamlnatlon to t< -ti
monv lncluded in the direct examlnatioih
and Inalated that the infringement or
patent rlghOi had not been a part ot that
exumination. Durlng three objeetlons tne
inv was excuscd for perioda of an hour
each. and court was 'lr.ally adjourne.
durlPI on* of the arguments.
S.v.ral lively tilts took place betwe?_
the attorneys for both sldes durlng the
dalf, and once h short but heated coiatra*
V.ray oecnrred between attorne;,s fov tha
defenca nnd the wttnaaa oraf tho ohjeot
of the defence's questlon?.
BOOKS AND PUBLICATIO
BOOKS AND PUBLICATION9.
NOVELS for GIFTSjjgl
THE G1FT NOVEL of THE YEAR
S CORPORAL CAMERON I
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By HELEN S. WOODRUFF
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