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title: 'New-York tribune. (New York [N.Y.]) 1866-1924, January 16, 1913, Page 5, Image 5',
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I RM SETTLES FIGH?
of sra ai scon
Auburn Warden Resigns and,
Governor Will Not Appoint a
New Prison Superintendent.
T. M. OSBORNE BAFFLED
Executive Says William H. Fitz
patrick Is "Eminently Quali?
fied" for Upstate Public
a\ Teles - Tribune. I
Albany, ,tnn. Is. Governor Bulaer and
Coleuel Joseph F. Scot,. Superintendent
of Prisons, pi .??I uall.. have settled their
differences, which grew out of the Oov?
...?'.? demand thai Colonel Pcotl dis
rharge Warden Benham, of Auburn
oa, and appoint Charlea v. Rattlgan,
Of Auburn. friend of Thomas MOtt ??-?
borne. The peacemakers wore Charlee
Prends Murphy. ,.f Tsnuaany; William
ii Pltspatrlck, of Buffalo; Senator John
Murtaugb, of Blmlra, and one ,,i two up
Colonel Boot! ?till not Insist that the
Governor sccept ins resignation, but srlM
remain as Buperlntendent of Prtsoni for
me. Benhsm slresdy has placed hi? I
.nation in Colonel Sett's hands, snd
accepted, for Benham hai made |
arrangement t.? take an o?r,? e with a!
t>'ist lompany in Auburn. The ;
new is Whether or not Rattlgaa lands his
'" ??ids aie t.iat he will n?>i
Seithei the Governor nor Colonel B
? : M. phy nor any of the others eon?
cerned will say a word shout the
atiea. it is sun a ticklish matter, though
phy and the other mediators think
?'moved most of th ?:.?i i
Murphy Sided with Scott.
The S,-,.tt rid! Of UlS fish' was The
Murphy side. Th* Tamman: lesder made :
it Impoaalble for Thomae M?ou Osborue, ?
upstate antagonist, to iai,?i th? lob j
colonel Scott now icios b? th? dm]
lit "f );.<v log Scott i ?taita d ' ?
t,, i" eure, abandons hi? point that'
Benhsm remain as wsrden "f Auburn
... but that i.? merely becsum Ben?
ham acci pts aaothi r Job
Colonel Scott was ??,,) foi b> the Gov*
thla afternoon. Tin i talk)
thirty minut?e m the executive chambei
?vith about a hundred ipectatora watching
but not within earshot. The BuUer.
method of doing buslnesa ha? cultivated!
s.*iftness and refinement of ton,? to ., sur
- ? c extent here When this confer?
thi ? ; -? rnoi do llw ? to
I Ohmel BcOtl admitted that he !...'; I'-- -
ham's resignation ami also that of Predi
?a) Mills, the prison sale? agent, whose a,- (
. \ i ties lu- asked the guisar .proben fes*
terdsy to investigate lie .I,?lined to say '
whether he had acted on either of them.
?lovernor Sulser'l manna r made it plain i
that he considered the Incident ? los.-d. It ?
is equally evident that Colonel s-, ?tt does j
think so. and tiio.st- who l-.i.ow l.iiu j
hsst beiievi he arffl commue to oppose j
The development! of to-dsy extr|cste|
the Governor fiom a critical situation. ,
for he might ha- ? brought about a brea? b
with Murphy that would have compelled
him t?> try Is make good ?us aaasrtlon
that he is the state DOSS. The i.ub of this
controversy, of course, has not been i
mere warden's job: rather It was the fact
that the plsce wa? dsalrsd b) an sntl*
Murphy man and the Governor had used
? influence to help an anti-.Murphv man
JTom the Murphy point of view II WSS
? i \ th".:E ? ? f th< Govei nor to put
:msrlf ii.to su? h fi position, and still
worse to lei it become public
Now Benham*! resignation In .? -
? - Colonel s- ott from the i.Ity
of defending hie Mend, and the Murphy
here are saving confidentially that th?
Govsraor surely arlll not trj sgsln to
s Colonel Scott to appoint somebody
dom not approve of to any kind of a
In his deportment in fact, ?Murphy
hi! political allies figure th?a*f have
.,?1 the Governor and < 'olonyt B? ott
Incidentally, the wi?,ie pohnaii or?
ganization from a menacing ?tuatlOB.
Murphy Sees Leadera.
Murph* sr""nt most of the dsy i.eie in
bis rooms at a hotel in COnSUltStlOn with
r?til'k. of BuffslS. bis first liniten
Ihe emte organisation : Kelly, ot
.??'? rscuse, and other politicians and legis
By Parcel Post
ANY business restricted to the
area of its own delivery ser?
vice now has a chance to
expand under the Parcel Post
Law. The only essential is ju?
The New-York Tribune and
the Tribune Farmer reach the best
people in the territories covered.
Our Parcel Post Information
Bureau will gladly furnish any in?
Parcel Post Information Bureau
Room 320 TRIBUNE BUILDING
WOULD RESCUE STRAPHANGERS
Sulzer Urges Increase of Subway Facilities That Would
Add to the Revenues and Put an End
to "Intolerable" Conditions.
i tu Telegraph lo The Tribune 1 t
Albany, Jan. IS Governor Bulier an* i
lif.tin? <??! to-day ti.at he was undertaking
i?i solve tho problem of the itraphange ?
in the N? vv Vorli <',tv I uhvv ays. Up hid!
? Ta Ik with Walter Well man, of BrO? k? ,
lyn. ,'iftfi whirl, it was ?,.i.l that :????
Governor had been having an Inveetlga*
lion made for him vvith a vlca t?. impr? v
im; comlltloni The ?row-dlng, ti?<- ? ;??
?rnor Mid, ett intolerable, .-nul ? | ral
hardship on ?iris und women Continu
inn. ho ni i
If anything can h?- done to ?relieve th?--?*
??"?.din m? it L*.???.?- without raying that t
should i?, done, i am Informed that ih<
caparit* ? ? f all th<- subways, ol?i and now,
can be cri-ativ increased ..i .? verj snvill
im-rrase ?.f ,-??st. affording more comfort
t<? th?' people and Riving both the idly
and operating com pan I ?-a ? laraer return
?>n the Investment. The engineering plnr I
for doing thia aeema to be a ?simple one,
?nul .-. thorough Investigation of it hau
been urged upon th? Public B?_rvlce i*om
mlraion by tho City Club ?>f Now "fork, I
the People'? Institute, the si???I?I transit!
committee "f the Hoar?! of Estimate, of
wi ich Presiden! McAneny was ?han-1
I man, and i.\ man] Individual engineers
"f hi-l, ?landing, a? We?| as by | ?iblle
??Hi, iala and eminent litixens
I hsve no doubl ib?' commission will
mnk< su? o Inveatlgstlam, and if the "lan
proves sound ami practicable, proceed t"
irovldc larger capacity In th? existing
subway rim In the new lines for the
future. As i understand It, investigation
??i' i',?) Mich plana for IncreHsin? th?
facilities of the travelling public and sdd
Ing to ti ? rai nlngi ot th? rlty-oa i ? d
lines is one "i ti,, highest ?I'.11?-- of our
.-'no Publie Service Commission, it 1
nol conceivable that a publl? service
board ?I,?ml,I fail or r? fus?' to act In ??
matter of such Br?Mt public Importance.
"When he Investigated transit eond
I ? -i? in New TOI*. lohn S. CsHlsiS, :<*
i ?iimg to the Governor, mid the conges?
tion In the subwa?, s wsi such aa no psn
could picture and no Europea I <'<<?' would
tolerate," Gev??rnor Bulser added "i
deem It my duty t" exercise what.lnflu*
?nee I may have with the state hoarom
?n the ?Mi" tic.' msktns every effon
,o find the means of relieving this sltus
n,,., fot the pmi -it snd providing sgalnm
, ,, corn i" '? ol II In t: ?? future." _
latera, lio an?i Mr? Murphy attend
? dinner part) at Troy to-nlghl
M lias been reported for s<>ni<* tim?-* n
Kltzpatri.-k I again a . :tn?li?lato for t
upatate ?Pabll? ?Service Commlaalon,
i.? was a ?,?-.(? ago, when ?Governor D
refusing i?. appoint him. ?named il<-ri"
f. Btesell The Tamman* ?Senate refoi
'.t.tiim 1 * i s > < -1 ) a?, a tel iiko t<> !
for rebuking Plttpatrlck. Governor s>
ser r.iis a?k? <i this evening If hi Intend
to appolnl ("Itspatrlck. The Goven
Mdd i ?believed ?Buffalo, the second la.
cal rit) h th? st.it' w..^ .-.'ititi.-d t?>
? i.i?.v on th? commlaalon. i
Went ? n:
i ?i?< noi kno ? w i ? thei Mi F"lta**?a
rick i? ? it? for tl is ?position. I
ii never si>?-?k? ,i to me at??>n it Ho.
ever, If he wants the place, l ihmk hi
eminently qn ill! ??. foi it '?.?. ability, ,
tegi in and ? up? ri? n?*e, II he tells n
he is a candidate i shall he very mia
Inclined io ?give his candidacy favorat
Fltspttrlck, ha? Ived this in
c?i salve .?>: th? Dis wound?*, is expect?
i.? M) that bf l? not .-. . andldate, bt
undoubted!) he will have ., candidate ?
woi thy an?! at? trail quallfi? .i n ?
Mr. ntapatrlek raid lo-nlgbl that h
Would hot he a candidate for th- poeiUO
im bualnesi eaaons, ' However, vve hav
sf.-.'ial acceptable randldatea in Kiel
County." raid Mr. Pltapatrick, "and
hope the Governor will select one n
AIMS TO HELP INSURED
Ellisor. Reports in Favor o
New Standard Policy.
- ? ?' ?; Phel
Albany, Jan. 15. Recommending a ne*
form of standard Are Insurance pollc)
meant t?? l?< ii.??i? m favor of tl"
than the pre? nl form, William B Bill
eon has mad? his report to Governoi s .1
/.er on the Investigation ??f this rabjec
: ?? was auUtoriaed t?. mak? The <?'??.
ernor will mai..? publli this ?report
Mr. Ellison had nothing to say abow
i.: HPBK i-*c~tn that i.e. ,i?,i sol tttnl
.? wo ...i I ?? ?i- ? no? -i equivocal." He d<V
say bo ha.i not ?stopped hin laveatiga
tlon "suddenly," ?>r ,.t th- requool of Um
Insurance ?Department Ho stopp? ?i II
ho i?."i all the tevtiaMM) h?
I wanted, he ?Mid Ho knew h? was no)
[ Interfering with the Inaurance ?Depart
ment in ?ny wav. ar?d he did not beltevi
i the depattni'i.t f.-it he was d n| an)
, thing but helpful work.
WALDO ~MUM oV PHILIPPINES
Commissioner Smiles at Suggestion
About Governor Generalship.
Police Cotamlralonri \\.-,:i .-? ittentton
-.?;:- ?alle?! v esterna v t.' tbl '? it Ol "?'
poaalbUity of bis appointment a? 0
i etnor General ol th? ?Philippine*. Th?
I Commission? ?admltt-ad that he had
known John Kennard who was re-j-orteil
to hav- tall.? ?I With I h ?-si.lent ? *.e. t Wll
i son ahout tl.?* sdvlsabttlty of his appoint*
ui'.nt as th? bead ?.f the Phlltpp.n? i""
I teotorate The Commlaatoner, however,
' smiled broadly at Um soMeaUon.
I Cbenmlsaloner Waldo ?referred i> a gath*
' erltiK at wl loll h< and .DlatTtet Mtorney
whitman and ?several other personi dis
. ussed ?en ral topics ?Some one,
Mr Waldo, mention'-?? the Philippin?*?
and suggeated thai he, the Commlssi-oner.
would mak? a c".i Governor General, ?
he had seen ?service In the lel-nd? ana
I was familiar with conditions and the
.???pie Th? rommisaloner did not ?say
: that it was District M torne) \V Hitman
i who mad? the aoggeatlon_
WANTS CONVICTS ON RC
Colonel Scott Believes
Should Build Highways
Albany, Jsn W Rosd bultdtng i>
\ 1.1 - la sdvo ate,i by Colon i Joae
B,,.. ? B ipei Intend) nt of Btate Priai
hi- annual n port to the Let slal
? leve f i "m m | expei lence in
idl ut II,?- v !? a,I ? . f i 'ltntoa
. -. ' ?,,\ s i 'oloii. 1 S? ")t. "that puMli
tlment would support the movemsn
stand foi aomc escspes Ihsl would i
sirlly I . ? and that gUttO OStl
? ? of men in the si ite prisons
ie employed in ?ami'? nndei iiuht
upon the publi? rosd
Superintendent s ?,ti renews bis t<
latlon ot .: ?? ? M:.?t a < ?
,! ath house be i onatt ucted for the
CUtlOn of mill,I, : .
Th?- prison pop ill i on "f th! ?tat
? ised iron, i sn in 1911 ?" i.UC m 11
Large sums ,,?, needed :<>? prison
sti..- tion and Irapro emenl ., ? ordl
? .? ? poi i 'A in i, - elth? i new p
?i ,, ,i,i i..- i,.dit i,, take ti.? pla? e of
Bing, "t Sink: Bins should be reconal
???i i ? .- ? ;i i.-, ommends i? ?i
HOB a! a;. ,-?t lina ,.??! ? -,-' "'. >'. W.OOU
? Ever) pi ?m.r afflicted a Ith tub,
losls should be transferred to CU
pi Leon, ' aays the r? port "and ad?-?q
hospital facilities provided i"i them
onl) i"i tic welfsn ' toi ti ?
? r il prote? tlon of the publie."
. i,, t ...,i nil a--- "t thi i ti-oii 'ft is
tor II,, y? .,,- ?.?..,. il''-' .'*-',. al, I:.
i i,,- total shipn ? l
th.- Il i. . ? ? ? ' ?
m, nt ie >?'." i?.? ?? amount? i ? >
the toi ? sa for thi sami
grsgi , ? ? ?
REFORMS URGED ON SULZ
Empire Democracy Asks Ho
Rule Act for Cities.
Albany, Jab. ? I deb bMIob from
| Bmpire Biota.I>amofrso called "?, ,
' .-i i,,,i Sulaei t'j d? t" ? Shgrwi
,.i, ic.s election and to um? " r?" "? i
in the deli sati?n aren Jul is Hi
. . hairmsa; Robi rt A, W
..,.-,,,, I'm ., ' ? . \V llll
.a sil Hodgi and Lawren ?? i> I
i,.i \. w York lot!
born). of i ibui n, snd othi rs The >
Ith? m In?
?Passage ,,f a -? netsl act
uf three or I
for ' lies, lee Ins ?' options ??-ith
[ ? ltd ? to adopt il,. (,.? o,
th? ir o. .o? ,,, d I'll'-- Ing th<
from leglalatl ? Int? rfer? n? ?
v ihort ballot, with ???
i,i,i atati "ftb lals el,
An otr.c grou| "l Mi -a
ol ? ??? ' lion i all i
A mendment ..i 11 .- pi Inia, : .., w i .-?1
Ina i he numb? i "t ifgnatures .
.for Independen) designation, extend
? in.. t nomination to in? lude ?
f..,- .-i.,,, ott,, ea making ii.<- i I?
, h Ici t he pi mai dlstr?? i thus abort'
Ing th?- primar) ballot. making ti> i
be lloi an olfic? ^i., ip r,..,,, inst?
of ti,- pat) or faction ? olumn f< rm i
tension o| the Identlflcatlon and
ture lav? ? to the pi Imarl? ?
v ppolntment of ? spei la onl: In tm
portaUon end conservation problema
I Ntai'lislini, ut of a I.,ii.au o
floh? i :? - In ti.ration I pai tm)
Appointment of experta In hydraulics
an i.Ii to ascertain pri ciaely t he mat
? iahta In it? wat, i ?v th - tm inu,_i on
, a plan for stab -w ide utilisation ?.f
I watei resources and the prevention mei
'm ? ?,f ? ncroa? hment ?u, th?- st.,t
Knactment at once "f leglslstlon glvl
the Conservation Commission iK>wer
! abate pollution ,,f atati n
Th?- Governor had nothing to -., .be
I them suggsstlona They alao si
mitte,, t,, th, legialatlve lead it bj i
Idelegstion which called on the ?Joverm
JAUTO OVER HILL; ONE DEA
I Control Lost in Collision wit
Bicycle?Rider Badly Hurt.
rjeorge iiuhe,. nineteen ??a,? old.
N". nu University street, Corons, Qu??
Borough, ??" killed yesterday sfternoc
when -'iii sutomoWIe In which he w,
HililiK ran down an <ml aiikni.iit at tl
BaysMa watai work! n?ar Plushtog sa
overturned. The csr wai ?iriv.-n by ti
owner, Adsm BchleMfmsn, twenty-fou
years old, ,f N?, n Sycamore afama
Corona, it waa tmvellbig up the hi
when a man alerted down the Mil on
i,ic< cle. 'i he rider i,,st rom roi "f M
wheel and ll swerved In the direction t
the auto and Bchleifftnsn turned ahsrpl
in an effort to avoi.i s collision The )>:
cycli ass struck, however, ami its ride
I badly Injured.
Befon SchMffman eouM gel full eon
troi ,,f th* auto it daahed doers i Bf
It??,i loot embankment Bchlelffman wa
llniown cteSI Of lb" car. hut Huhcr Wa
caught under the mschine and fstaltl
crushed He died while being taken t?
the 1*1 US hing Hospital.
Tin bicycle i,,,-,i, was picked up uncon
ack?u snd taken ,?, th, Flushing n?.s
... ? i,, i? u ?.?a.? found that his situl
sraa fracturad Ha bai not been |dm
ASKS $10,000 FOR HER COAT
Banker's Wife Brings Suit Against
Dillingham and Ziegfeld.
Mrs. lira??-. A. Bom? alfe "f I'aul .1
Sorg, the tobacco msgnste, banket and
whip, storied s salt In Ihe Supreme Court
yroterda) against Charlea ISIIInghsm and
Ploren! /.lepfcld, the theatrical pro'lu. ? i s.
t,. recover %in"". Ihe prlci sf ?? Rosshui
f.;,i,ic co,-,i mneh, ehe says, disappeared
on the niKht "i lanaai -'?. HU st the
, ?loi.?? Thestre. where she wss sttending s
performance of ' Over lbs River."
Mi? Soia: said in her formsl COmplsinl
?.h? delivered the ?oat ni?<> the keeping of
the ,1? f- Ildanl?. WhO atlie.'d to return th?'
san,'- lo Ii? i upon dein ili'l. W'li'-ii ?In
askojd for the coat, n,e romplslnt stalest
Mrs Sore "fslicd 1? MlVS II "?I'limd bj
the defendants.'* j
System of Ontario, Canada, ?Not
a Success, Joint Legislative
COMMISSION FAVORS PLAN
State Conservation Board
Urges Construction of Trans?
mission System Through?
out New York.
Albany, Jnn. l;,.-The report of tie plat
?"ri.mltleo of the J.rBislature on the con
Bel vatmn and ntiUzai ion of water power
wa*. headed to the I.e?t=|aturo to ?lav
The committee leport that they have in
veetJgated th.? pi.-.n .?f the Hydro MBocuic
Power commission of the Province of
??ntario. Canada, ami that fn their optn
l"n it Is not a su,-? e??s, meaaUHd hy eco?
nomic gad Inisin?M standar.!??
They oppose the adoption of the plan in |
the State of New York, and point out that
there is within the state n daily cou?
sin. iptkW of -?v.-.f t-MMII hors? power, and
that to deliver tlila to the point of utiliza?
tion would take ov.-r MMW.OOI w iter hors?'
I OWei at the p? n.-t.. U
'I'll'-'. Ilh?! that ttMre I? undeveloped jn
i ?? -?at?' ?.ni. i,::?.; s.v. horsepovvf r, y?.~,w
boraepower <?r whl? i. la act lally owned b.?
the stat?-. an?: :?.:'.]'?? horoepowet of which
? . lalm? ?t !?> priva:?' pm?era
in v i? w of these ijrnim?lancea, the
commltte? report tii.it in th?ir judgment
II w'.uid be Impoaalble for th? ?State of
Sum v.irk i?? develop a saflkteal amount
of hydraulic power to make an. appreci?
able Impreaatoa on th? power demaad? of
I 1.' St., I.
The COmmltte? further point o .? that
extensive as the Niagara e>-tem k it i? |
onl) ?carrying abont IMM horsepower, I
and ?contrasting this with the State of
New York's requlremenl of Z.MMM horse
power, th-v conclude that the adoption of
such . system m Sem Fork Nate would
? oinpei tin- expenditure <>f Immense suns
Commimon Favors Plan.
The st..i- Conservation Commission'?
report which was ?ubmltted to thai
i.? gi-slatun to-day, diff?ra materlall) from
tint of th? joint l?gislative . ??iiMn.tt??
The ?tat?* commission advocate? th?
storage *.f ii'toii wat? is and regulation ?.f
-???.?ni Boa .?n'l recommend? tin- gradual
d?-. ?lopin, lit of t ? illdi v-lop?-'l ?HIT
r...v>? i - i.? th- ?Mat? and the tranamlssion
of electrical soerg) t" the vhmous mu*
I.-, ipi.l'.tl?'-? T.? ?his p'ltion of the rOPOTt
Commtaaioner Jame? W. Fleming ex
preasee dlaaaproval altla igh : - ???
.1. the report ai a W hole.
The work of th? II rdro-Bl? tn- I MS
? .. ?? . . < 'onada, la ? Itod by
? ?. i.sen ?iti'in Commissioner? Van Kennen
and M?.(?:e js aa ' l|U8l ' .?tl"li ?.f l : I N? w
fork commission'? pten "II showa,** aaya
the report "that through the iiviro-Ki? ?
iri? Commission man! munlclpalltlaa m
Weoterd ?tt.taiio are t??in?s ?fanaaaed with
. )-? irl? al ??nera.v foi IlKht an?J pOWOT DUT?
l . -???? that In 1 * ' IhO movement Is
r.ot regarded as i?.i:n??i, i??it aa a area*
..... .?m.. question II Is claimed that the
pioje? t In ? tai gblj at* ceaaful
from ?? Haaaclal and englnaerliig petai of
?View that ?M sed-e I? lellahle an?! ef
Bcteni. thai the sales of el? ment
iiav. constant ? teed nad i
bas been i o? ti. is i> ??? dm e.i.??
I- y .?? ? onlit.g t?>
the repo.t. "contemplates th?? ultimate
... ????..? lion of a sv-tem <?f electrical
|| . ? ..-,!,' ,t the BtaU !'?? main
trimk lines, with radiating braaehea ta tu
. - Th,- vnr,?ni? iii-inl? ipallties are
authorised to entei Into contracta with Um
Mate for p"W? r '
The report points out thai ti ? .e i? eco?
nomically available apprOXlmatel] II
boraepower, which belongs to the state.
and that there is In all apprOXlH ? ?
i .-,.... iio.? ,,f undeveloped water power in
the stat- at lavire"
DIRECT ELECTION WINS
New York Second State to Rat
ify the Resolution.
A Iban) .Ian II N'?-w- York WOnl or
.i to.inv aa favoring the proposed
am? ndnlent to the fo?|oral Constitution
IprOVldlBg for the ?le.ti.in of I'nlted
I States Benatora by the people. The
I rcaolntlOII. Which passe?! the Assembly
sterday, was approved to-day by the
The vote In the P?nate was 41 to 4.
Senators ltrown. I onto, Sage and Stiver??.
Republicana, voting in the negative.
reeterday'a voie In the Assembly was
HI t?> ?
genatOT Hrown. Republican, led the op?
position to the n-solutlon. which lie de
Iclarad would weaken the ayftem of gov
eium-nt l?v "substituting for the ?l?llher
.?it.- ludgmenl of the Legislature, ?parti?
aanahlp an?i Boodttde '
Senator Wagner, tlie majority leader,
defsnded the meaaura, d?s>riartag that the
I'lilted Htates BeaatOrahlp was "the only
i,tile? to-day thai Is not filled by the di?
re? t vote of the people."
Governor Boiser s ?si to-night b.? was
?ix? ?dlnglv gratified iTuit Mew York la
the aooood state la ihe United States to
taiifv thr reootutlon "i made a tight f..r
thin reform in ?Congress," he said, "and
it was the Urst BUbJOCt I i ??? ?Ommottded
in my BMOsage to th<* t-sglalature."
?'olutnbus. ? ?hlo. Jan. 1" The l|ou.?e
thia afternoon, without a iHawntlng vote.
adopted the Joint resolution introduced by
Representatlve Black, of <'iii?-innati, re
afllrmlng ?OMa'a acceptance of the f-derai
t-onatttutlonal amendment providing tot
the election of United ?State? Senaten by
i ?.?? of the res'.lutioti in the Senate
is -.?id tu he aeauied ?Governor Harmon,
in in.i message to the [?eglalature, in.n
eated thai he entertained h doant ?h to
nrhether the ameodmeni was legally
paaaed by Congreaa, and Governor Cox,
in his mooaago yestsrday, aaked the ??en
oral AasemMy to reaflfrm the action taken
al tic hist session approving the amend?
PULMOTOR HALTS SUICIDE
Restores Despondent Man's Con-!
Bciousncss, but Condition Is Serious.
Gabriel Well, fort.? tilne v?a. m ol.I. ai?|
fornserii i ?i ? > i ?i i ? ? ?. ? of "Yo OMe Stoppet"
at N?. T?7 Fourth avenu?-, attempted sill
(Mo b.v inhaling ?as vcst?*rday aft.u noon
in a store that In? moved Into two Weeks
h_?. tit No. 1? K?st Wh street A pul
motor operated hy Dr. Crispen, of Plewar
Hospital, prohahlv savd Well's life. ||r
wa?. taken to Sellevuo Hospital ? pris?
oner. His condition is Borloaa
We?il ?aid he tvae ?JtMiondenl.
10 END LAWS DELAYS
Sulzcr Urges Board's Plan to
MORE POWER FOR JUDGES
Special Message to Legislature
Suggests Law to Better
I By Telegraph to The Tribune. |
Albany, Jan. ?. -Important recommen?
dations to do away with the law s delays
due to technical!*-? ?re contained In a
rep,,rt of tha Ko.itd of Statutory f'onso'i
dstion, transmitted to-day to the I^Kls
lature in a special mesmgs bv Governor
?ulser. Tne hoard would change the I?
Kai ?v-itein In this State m as to make
?oiirt pmesdum more flexible. giving to
judges greater power to expedite easss
snd cutting out much red tape.
'ihe hoard unanimously recommsnts|
absndonment, mtber than revision and ?
amendment, of the prose m cumbsrsomsl
Code of civil procedure, vvhlch is now
OveriOSded with innumerable and Incrn
?Tnioufi amendments, and from the time
of if?, enactment. In UN, has, never he, n I
as mtfslBCtOry as the original Field Code,
ot '.?i?," asM the Qovsrnor.
In part, the board's recommendation?,
as a Substitut! f?>- the pre-ent ode of
civil pro? ?dure sum,.
Th") ' "I.It shall lav.? full POWer to (liS
reg rd m the int. rest of luatl? ?. at an)
stalle ,,r in?- ca?,. an\ mistake. Irregular.
Itv ,,r detect winch do. s not affect th,
substantial i?rIus , r ., patty.
Provision should h. mads, m far as
practicable and constltut?onsl, for obvi?t?I
Ing more than one trial of or. Issus of!
fact, b) authorizing the court, on appeal. 1
to disregsrd errors of the court b?-low not
affecting substantial right!, to take fur-|
thei proof? ?'hen deemed necessary for ?
bringing out all th? facts material to
the controversy, -md t?> render ?iihI fudg*]
ment In accordance with the law- applies-1
>ih- I?, all the fSCtS of the cnse thus
brought before the Appellate Court, srlth-l
oui gianUna a new mal.
There shouM be but one form of action!
and there should be a compu-te dlsposi? |
t or? of t'.ie entire controversy bv ?he
joinder of all parties whether .i?intlv,
?e\> rail) or In the alternative, and a lim?
pie statement of all differences between I
them, subject to a separate trial of any i
is? i. in. or 1er of the court.
The .1? n,ene: should be abolished and j
all relief for defective pleading should
be by motion
Governor Bulsef recommended that the|
Leglalature ;.ass a bin to earry the re?
port Into effect at once Th.?- bond was
composed of Adolph ,i Rede-beck, Win?
., i: Hornblowsr, John G. Mllburn,
Ai ? rjerl Moot s:d i'hail,-s A ?'ollin.
BUILDING MEN ACCUSED
Contractor* Has Five Indicted
on Conspiracy Charge.
I've m.>n ? ?Titra t.r.K :i.a?.-:..?, .???a >i ?
in masons' s inplles an?i ;? reprssertatlvi
of the BricklsyerS1 CnlSU, were arrested
ysatefdey and held In $1.??? bail on a
? hsigs "f conspiring In rsstmlnt of Irsde
Two mom am to hi arrested. The prison?
ers furnlsbed ball and will appear to?mor?
low to plesd to the Indictments They
aie ?lia'les il Bokland, 1 ?aniel LsbS>
nn.i Tiioma.- Mulligan of iba Usaos
Builders' Association, Adolph K. Kiutz, of
the Material M, n s AWSClStlOB, and Sam?
uel TsmlSy, said to he 8 walkine, ?lelegate
for th? Hi 1'klav era' 1'nloii.
Tomley was arrested tf Pete? tiv* PlSOd,
?.f the District Attorney's office, ?mil! he
was talking with workmen engaged in
the construction of the house of John i?
i:.? kefeller, ft , :,t Mtk MriM and ilfth
The complainant li Edward (yConuor,
Of N" i'.'14 Simpson street. The BronS
0*Coanor, until lust March was a member
of the Mason Builders" Association. He
alienes th'-re wh' si, aijreemerit beiwe.?n
the three organizations whereby the build?
ers were to bU) only of members of the
?Supply Mea'i Assodstlsa and to employ
Only member? of the union, while the sup
ply ni-ii sgiesd t<? ssll only to smmbsm
Of the builder's a??o< iation and the brick
lave, s to work only for members of that
O'Connoi ssyi last after hampering bbs
in Ids work on apartment houses in other
ways, a strike was finally called on De?
cember 1?', Which caused 1,1m ?Treat InSOU?
ventanee ari'l loss of money. He told .lohn
K ?lark, the A?slstant District Attorney,
who presented th! ?use to the grand Jury,
that It was the int. ntloii of the Mason
Huild-is' Association to force him out of
the bustneee so that other Independen!
Contractor! WOUM be fiiKlltened into jola?
Ing the ssso iation.
PREDICT BRANDT PARDON
Sulzer Orders Former Schiff
Valet Brought Before Him.
[By TslSglSSh to TM Tribune 1
Albany? ?'n'1 Ha?Governor BulSer has
laausd an order that I'oulke F. Brandt,
confined In Clinton prison under a thirty
year sentence fot burglary, shall be
brought before him Friday afternoon for
the hearing on bis application for pardon.
Biandt Will be brought her.? by Warden
Kaiser of Clinton prison. This Is
c,,i is- never before taken by a Governor,
>.o fnr as Is known here, and there was
doubt whether, even under the Gov?
ernor's ord??rs. the warden had a right to
reissue a prisoner committed to his In?
stitution by court decree without a court
order. However, It was finally dSSMcd
that Kaiser would being the former Schiff
It Is the gensrsl opinion here that
Biundt Will be pardoned by the Governor
and will m ver go back to prison. Gov -
.-ru t Sulzer would not talk about the
aas?? to da'
HEROES GET REWARDS
Carnegie Commission Gives
Cash and Pensions.
I H Telegraph to Tha Trlhiin? 1
Pittsburgh, ,fan I? -More than $15,100.
a ' w.'ll as several month I.v stipends and
brptise and silver medals, were ??.warded
bv the Carnegie Hero Kund ?'ominisslon
A bronze medal and $1,000, to be paid
as needed, srss awarded to Clamaos Van
Nostrand, sixteen yeses old. who at
tempted tS save T Waverlv DoSSy, and
BSVSd Hormes V- Dassy and Frank Hal
votscn. children, from drowning, In Olen
????.e, N. ?, ? on .lanuary S, 1911. ,
Van Nostrand ran thirty feet from the
bank n.ross thawing be on I'pper Lake
toward Do-gy und Halv oreen, who had
broken through where the water was
more than sl\ feet deep Before he
could reach the h?,|e Mis? Doxey als,,
broke through Van Nostrand Went
ch.s?? to the hole and extended B short
stick to Doser, who grssoad tt and ?cave
Ii ., quick .elk. causing \an Nostrand to
fall through the Ice.
\*an Nostrand Immediately swam toI
Miss l?0\ev. Who COUld HOI fHVilll lie
placed one arm on the ice and used the
other to push h*r out of the hole He
then -warn to Hal?, orsen and pushed him
up In the sHtii'- wav. Van Nostrand th?-n
climbed out of the ire and went home,
niher men rsscusd Doxey by throwing a
rope to lnni.
MSI ORDERED AWAY
Board of Special Inquiry Rec
EX-VENEZUELAN TO APPEAL
His Refusal to Answer Ques?
tions Taken as an Admis?
sion of His Guilt.
Aft*r a detention of two weeks on Ellis
Island, Cipriano ?'astro, former President
of Venezuela, was ordered deported yes?
terday by a board of special ituiuirv.
Thla Is the first official action taken by
Mie Immigration oifi? ials In the case of
the Venezuelan revolutionist.
He was detained on his arrival here on
the French liner Touralne on December
.11. an?! after a talk with the Immigration
officiais it wan gaaoUBOSd that Castro had
(dcidod to return voluntarily t<? Europe on
the Amerika on January 4. At the elev?
enth hour (?oi-jrge (?ordon flattie, a law
ysr, procurad a arrtt Of habeas corpus for
the appearance of .'astro In the Federal
Court, and the transportation on the
Amerika w-as oaaosllsd.
The Bdudsstoa or ex??lusion of Castro
was then put into the hands of a board
of special Iw-ulry, which took up the case
on Monday and continued It until yester
?lav, when a decision was made. Castro
was illaplaasad 0*#a? the finding of the
hoard and will appeal his ?ase to Wash?
Asked for the reasons for the deporta?
tion of ?""astro. Commissioner Williams ls
sucl the following statement, which, it
was explain? ?1, was not hie own comment,
but meiely the finding of the board;
In the ?ourse of this examination this
alie., in?.- committed frequent perjury.
II- has i?: .'tended to be ignorant of mat
tera concerning which a man of his Intel?
ligence and holding the position which he
di?i undoubtedly possesses knowledge
Speaking of Louis V?rela, who ?ent him
frequent telegrams In regard to the capt?
ure and death of (leneral Antonio Pare?
il? s. h?* savs. "1 tl?. not know who he
la." We consider him an unreliable wii
neaa. Ilis testlmoony to the effect that
no foreigners suffered Ionien of property
through his actions during the years
when tie was President we decline to
His ?efusal to reply to many questions
put t?) him bearing upon his right to
land convince? us that there exist dam?
aging fU'-ta which he .desire?- tC oncea!.
Ipiu. information received from official
sources he whh charged with lesponsi
blllty for the unlawful killing of Para- |
?les. but declined repeatedly to iff er un?']
explanation or give the government any
lnformatWiii In regard to the latter'*
death. He refused either to affirm on
?teriv his guilt, even after he had he-n '
warned that unfavorable inferences wotua
I.?- drawn from auch refusal and that he
must take the eonaequencee
SuiTh ??fusai, together with his manne?
and demeanor iraen aak?d rnncernlng
th?^e matters. constitut** In .?ur oplnioi?.
an admisalon of the truth of th? charge
H- is therefore excluded on the ?-round
that he has admitted the commission of
a crime an?! felony Involving moral turpi?
?Sen? ral ?'astro may appeal from the
ex.-iudlng ?le.ision of the Board of Spe
<lai Inquiry through the Comm*Mloner te
th- Secretan of commerce r.nd Lahor.
an?l this lie has signified his Intention o' ?
According to Secretary Nagle, a refusal '
of an .?lien to answer Is Interpreted as an
admission of guilt or an obstruction that
prevent! administrative officers to decide
adniisslhiltty. As this ??oint has never
been determined by a court, It is expected
that Castro's case will he used as a test.
Harold I. Content, representing ??eorge
Cordon Battle in the latter's efforts to
have Castro admitted, was Informed of
tli? vleciston of the hoard shortlv after
the case was ?llsposed of. }|e said:
"Our Immigration laws have been used I
as a pretext for keeping Castro out ap- !
parantly under some sinister agreement
wlil? h we cannot understand and which
the public ought to know."
SUES UNION FOR $5,000
Musician Complains Strike Was
Called Through Malice.
The first suit brought by a member
against a union for damages becsuse he
was called out on a strike for no good'
JUST WHAT WE WERE
TRYING TO DO
WE received a letter the
other day from a promi?
nent firm of New York attor?
neys from which we quote as
"All our relations with your
Company in all ts departments
snd its act i v It ir t have been cf the
most peasant and agreeable na?
ture and our feeling, for It Is retry
different from that which we have
for any other corporation known
10 us. Your Company has suc?
ceeded in making the personal
element of its management pre?
dominate over the purely corpo?
rate side of its business with un?
usually desirable resuhs. These
sre the feelings we hsve enter?
tained for a long time and ibis
occaiion simply gives as an op
por. unity to expjress them."
For more than a quarter of a
century now we have been try?
ing to accomplish exactly the
results suggested in the letter
quoted above. Our growing
capital and 'surplus as well as
frequent commendation like
the foregoing indicate how well
we have succeeded.
AND TRUST C9
Capital . . $ 5,000,000
Surplua(*__ earned) 11,000,000
178 B'way N. Y. 175 Remsen St.. B *kl?/o.
3110 ruiton St., Jamaica.
reason ?"as tiled !n the Supreme Court
yeetSfday by Stanley W. Lawton agalhst
the Musical Mutual Protective I'nlon, of
which all theatre musicians are mem?
ber?. The complainant asks IC.tXW dam?
Lawton ??aid that prior to September,-,
1811, he was engaged hy the William Vox
Amusement Company as orchestra leader,
at $56 a week. The union called a strlk?*,
on a complaint It neglected to !m?stigma'
and which was made through malice, he*
As h member of the union he tea? com?
pelled to atrlke or be suspended, and, ho
Meeks to recover for the ?lainage?, he has'
suffered because he obeyed the strike
W.B.WALDO IN BANKRUPTCY
Engineer Owes $471,202?As
sets Only $340,795.
William R Waldo, a consulting engi?
neer and contractor, with ofiicea at No.
119 Broadway, filed a petition in bank?
ruptcy yesterday in the I'ntted State
Court here. He gave his liabilities m
$471,2?)*. with nominal asset?, of %:y\19e
The assets consist of a contrasting and
??tone crushing plant In West Hobok? n,
SJo.wi; outstanding account?. ?<*?>).M.'i. of
which 115,210 l! owed bv Hudson ,'outlty,
S. J-, for work on the Mth street viadu t;
claim for damages against Hudson ,'oun
tv. ?.ISS.i*?,; deposita, 125.902 ami ofrlc fur
nlture, 880. The deposits are %2 In tha
Homestead Bank, of Brooklyn; bonus
given to the bank, lio,?*-'; cheeks ami
vouchers of the Erie Kailioad. < '<?nip*i,
given to William F. Wyckoff. ? ".\?. a, I
ravmenta by Hudson County to .Vr
Among the credlt<>rs are the Wood
haven Bank, of Woodhayen, Ltong Islgpd,
130,008. ?cured by ?'laffe! rnortcaue On
plant, valued at |N,008; William F. \\
off, Jamaica. Long Island. 130,000, ?.? ired
by chattel mortgage; William f WycPMl .
gr,<?.44S?. for acting as underwriter; .1. D.
Venderveer, Brooklyn, BO.OOO. lareem, l
for procuring a loan; JaeRels ,\ |?. U
16.209; Mack Manufacturing ?"mpai-,
Philadelphia. t3.15t Of the liabilities
$2?i??298 is on notes wh.oh should be pm-i
by 'other*, oil is for dativa and bt? J'T
? 1 I *
MEXICO ACQUITS AMERICAN
Sentence of Eight Years for Crime
Another Confessed Set Aside.
Tampico, Mexico, "an ?C? W. C, Sit
an American fruit grower, whose jibei.,
tlon from .tail was effected last Sep?
tember by Ambassador Wilson by a di?
rect demand ?ni th?? governor of the
State of TamRUllpas, ?arut de-laitd not
guUty of murder by the Supreme Court
Nichols was alleged to have killed a
bandit he had captured and was taklnr
to Ja.1t. He was sentenced to eight years'
Imprisonment, although a Mexlcsn had
confessed that he had slain the man to
aret a reward
Order a Case.
Tel. 170 Plaza.
? ~ BREWERY BOmiNO
.or.nrsr i.a?.f.r bfirr brkwt'.rt in amkp.i? \
17 East 14tb St.
An exceptional opportunity is offered to all
intending purchasers of a Piano or Player Piano
during this month at the above Warerooms.
A very Special assortment of the most artistic
productions in fancy woods, in antique and modern
designs is on display.
An Exhibition of Rarity
"The Purchase of a Krakauer is an investment
of a lifetime."
Prices arc not high. Terms at your convenience.
Of other well known old and reliable makes we
have Twenty-four New Pianos and Player Pianos to
offer, ranging in price from -$190.00. All fully
Guaranteed. Terms very moderate.
Call at our spacious Warerooms and inspect this
beautiful assortment of instruments. Kvery courtesy
will be extended you, although you make no purchase.
PIANO MAKERS ESTABLISHED 18o*
Main Warerooms: 17 East 14th St
(Bet. B'way ? F.fth Ave.)
BRONX : Cypress Avo. * 136th St. BROOKLYN: 350 Livingston St.