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ADVERTISED IN THE
TRIBUNE IS GUARANTEED
.Vol. LXXIX No. 26,704
v York Tribune Ii
First to Last? tfte
^; >fj ^t ^t
Fair t?vday and probably to-morro? ;
moderate temperature; fresh
lull Kep?..?-t on Vug* IB
1WU tK>TS)wi(hin roimnutlnr lintiinin
Pfels Board Was Too Lib?
eral to Officers Whose
Dutv Was Mainly on
Shore, Says Secretary
To Take Action Jan. .">
to Do Justice by Those
"Who Suffered at Sea"
WASHINGTON, Dec 26. Secre
tary Daniels to-night ordered the
yavy Department's board of awards
reconvened on Monday, January 5,
?Jj revise the recent recommendations
u to naval awards, which have been
:he source ? f argument. The con
'.roversy was brought to a head a
f?w days ago by the refusal of Ad?
miral Sims to accept the Distin
?/uished Service Medal, while the
swards remained as at present.
"While approving in the main rec?
ommendations of the board of
awards,'' said Mr. Daniels in his or?
der to Rear Admiral A. M. Knight
to reconvene the hoard, "my exami?
nation into the subject has convinced
na there are :. numb? r of eases re
quiring further examination, and
there have bei n additional recom?
mendations since your board ad?
journed which re??uire examination
by a board of officers."
Sudden Order to Reconvene
The order to reconvene the board
T?? mad< lat? to i ht, follow?
ing receipt ?:' reporta from Newport,
P.. I., that Vice-President Hilary P.
Jocc-3 an i taymor.d d L Has?
brouck had followed A? a Sims i a
???fusing to ?? : tin medula be?
stowed on . . ? ing with the
policy ?:? ? officers i be
awarded for dur: ig I -.- war.
Secret;.!-;.- . . a siiii at ti e
N'avy D? rtmi however, had re?
ceived no forn n as to tl refu
n\ oi' ? ' iptain IIu m ouck : the r?
ported : ?? . ? ral J oi
The Secretar?, - ? rder to reconvene
the boa; . d to Rear Admiral
A. M. Knight. chairma n ?-... - ?
"Whili a r? v :.-:. in : he main the
recomn.?.-:?- at ons of the Board ? f
Awards, my examination into tue sub?
ject i.;;? convinced me that there are a
number of cases requiring furthei
iminatio: ? ? 1?re ha\ ? been add
'.lotifti i, comm* ndat ions : ince
board adjourned which require ex?
amination by h board of officers.
Rear-on Offered for g 4 s
"I felt in >, - ng over the list that the
board had be? too liberal, particularly
as regard-1 officers whose dutj during
the war was mainly or altogether on
shore. ? f< It thai reports,
which had .i. to your board,
particularly as to tuen who had served
?nd suffered ii thi war zone, justifii I
additional av i
. '"No of . proval of any list has
been made. All lists publ ?hed were
ttntath . La : iveek I ordered cl
made in thi . -, as printed awarding
the Disl ',.- ervice Meda , among
?Jthers, to A Imira Knight, Adn ?...
Capenon and Vice-Admiral Jon? .-.. i
sad 8.30 deci? ! tl at like awards should
be given to certain other officers who
bad rendered long and arduous serv?
ia? ?in o? : -, ; . \q other service afloat
in tho war >,or:? .
"I ft-ei that nothing should be left
?done as rur as is humanly possible
'?o Insure that the award! s hall be
made without I ?? r ossibli ? agge stion
of injustice or discriminad? n agai '
?jny person in the ?aval service, and ;
??ave therefore ?4.- .;, ,-? to i- c mvene
the board of awards to reconsidei tl
whole subject th? light of the ad- ;
ditional inform it .-, ent to
the Bureau of N'a Igati m and - ich
other ::.--. rson in the
naval service :? aj i< ish to lay before
"Th.- board ,-i I therefore meet in
Washington on Mondav, Januars
2 Off leers Refuse*
IS a va l Decora lio n s
lice-Admiral Jones Wants
No Cross; Captain Who
tost Ship Hithdraws
NEWPORT, R. I., Deo. 26. Word tht
Vice-Admiral Hilary ?'. Jones an?! Cap?
tain Raymond de L. Hasbrouck hud fol
lowed the example of Admiral Sims in
refusing to accept decorations awarded
uiem ia the recentlj pub ished navy
?'at, M.is received in naval circles here
, According to th??. information received
nere. Vice-Admiral .Tones, who com?
mands the first division of the At
'*r'-t: fleet, has written to S?cr?tai y
vaniela refusing the award of tho Dis
:ng-uishe ' Service Cross and protest
'"8 against certain awards to members
of forces under his command during ?
?ne war. Hi* principal war commands !
?'ere tho.s? of the first squadron of \
?*? patrol fleet and of the Newport ?
?^?ws division of the cruiser und trans- !
1'ort forc< .
Report In Confirmed
?PHILADELPHIA, Dec. 26, Captain
Raymond do L. Hasbrouck, commander
?J the battleahiu Minnesota, to-night
oonfirmed the report ho had refused to
5fc*P* the Navy Cross awarded him by
m Navy Department. He said he
wioroughly concurred" in the views of
K?ar Admiral Sims contained in his
f?cent letter to Secretnrv of the Navy
"?nlels, that no special award should
W given to offlcpr.-i whose shi^s wero
?uccessfully attacked by German suh
"?arines, though no special blame
Continued on page three
Eggs Drop 21 Cents
$1 Kind F or ceil Down to
79 Cents in 3 Weeks by
Demand for Storage
Cold storage eggs were purchased
more extensively during the fortnight ?
before Christmus than ever before
this season because householders were
concentrating the family bankroll as
far as possible i>n the buying of gifts
and holiday luxuries, dealers said yes?
terday. Fresh eggs, which brought a
dollar a dozen at retail three weeks
r.go heforc the intensive Christmas
shopping began, were quoted at 7i>
cents yesterday, a decline of 21 cents.
None of the veteran dealers could re- ,
call a similar drop in the history of I
Although the cold storage prices j
usually faithfully reflect the trend of I
the fresh poods market, there was |
scarcely a ripple in the quotations for j
?oui! off the ice during the last fort-I
Fresh butter was bringing 80 cents
. pound at retail last week, but yes
?i it was a good salesman who
: ?' i-i'i more than 77 for it. In the
tair price list published by the Fair
?\ ice Committee the twenty-four items
mentioned showed a total decline of
13V? cents from Monday's prices. Only
oats and rice advanced, and these only ;
Since Monday the price of fresh eggs j
has dropped 1- cents a dozen, accord-I
ing to Federal Food Administrator Ar-'
thur Williams. Mr. Williams expressed
surprise and gratification over the de- j
clino in prices, saying that it was cus?
tomary for the price of foodstuffs to j
move upward at this season of the i
"There are also seven decreases in !
to day's meat schedule," Mr. Williams '
??aid. "Sirloin steak, bottom round, rit> I
roast prima, whole top birloin and cut
top sirloin aro down 1 cent and pork '
c! ? j have dropped another cent to a
new low level. The result is a numeri- ;
? ail decrease of -?^a cents, and the ave;-- ?
age ?nice is 31.7 cents, as compared ?
with 35 cents on ?Monday."
Russian Chief Invites
Czech Leader to Duel !
Ill Ferlins; Between For?es in
Siberia Grows; Both Sides
IRKUTSK, Dec. 26 (By The Assocl- j
ited Press I, As a resu't of a new out- j
bursl of i:: feeling between the Czechs
md Russians, following an exchange of
recriminations betv en Admiral Kol
ehak, head of the all-Russian govern?
ment, and Dr. Valda Girsa, Czecho-Slo
vak commissioner in Siberia, General ?
Kappell, commander in chief of the
western armies of the all-Russian gov- [
eminent, has challenged General Sy- :
rovy, commanding the Czech?, to a duel.
i ? Russians charge the Czechs with ,
nded actions in requisitioning]
loci n ftives, thei -i?\- enabling the Bol
?theviki to capture 120 trains, General '
off, the Cossack anti-Bolshevik i
a Siberia, on the other hand, is
said to be blocking the evacuation of '
the Czechs, and has sent a message to i
l'r. Girsa, imploring the Czechs to sup- :
port their brother Slavs.
? . ?? .
\ ote Themselves Medals :
Citizens Plan Injunction to j
Prevent; Taking Furniture
PHILADELPHIA, Dec. 26.?Legis?
lated out "f existence by an unfeel?
ing ?-ta*?' Assembly and denied a fare-,
well dinner at the expense of the tax
payers, the members of Philadelphia
City t ouncils, who already had voted j
themselves souvenirs of city 'furniture |
valuod at $35,000, decided at an ex-'
ecutive (.essiori to-day on further com- ;
fort in their grief a! parting from ?
t! e;r unsalaried sinecures a? repre- ;
sentatives of the people. This bahn i
to their feeling?, to be paid for nut !
' * eir own pockets, will be in the
? I gold medals.
The self-awarded distinguished ser
vie? decorations will take the form of
gold badges bearing the coat of arms
of the city in colors and will be worn
?m- the first time at the farewell din- j
: er <??> I>ei ember 80.
When the councilmon ?end moving
vims un to City Hall to get thm desks
and chuirs they have voted themselves
probable that the drivers will
be turned away. The plans of a group
of citizens t,i have the proceedings
stopped by injunction u?iik definite
form to-day, and each councilman prob?
ably will bo sei ved with a writ before
the day of the raklicoines.
Seven Injured in Explosion
Boys Throw Percussion Caps
Into Bon (ire
Boys who were ?lancing around a
Christmas tree bonfire at Eighty-sev?
enth Street and Second Avenue last
?liuht found u box- containing 200 per?
cussion caps. One of tho boya threw
the box into the fire and seven boys
,vere burned by the explosion which
They are? Thomas Simonetti, twelve
years old. of 246 hast Eighty-seventh
Street; Henry Jones, twelve, of -?'W
liast Eighty-seventh Street; Charles
SVagner, twelve, of 2t't"> East Eighty
seventh street; Huirles Spiegel, thir?
teen, and his brother, Milton, nine of
236 Last Eighty-seventh Street; Ru?
dolf Werman, twelve, of 230 East
Eighty-seventh Street, and .loh'i Byrnes,
eight, of 239 East Eighty-seventh
Street. After being treated by an am?
bulance surgeon the boyi; went to their
Cable Link;-? U. S. to Uruguay
Lansing and President Bruni
Uruguay was linked to the United
States yesterday through tho All
America Cables by the opening of a |
new line from Buenos Aires to Monte- |
video, putting N'ew York and Monte-|
video in direct telegraphic communies- I
tion with each other for tho first time.
The new service was inaugurated by i
exchange of messages by Secretary |
Lansing and the Uruguayan Minister
at Washington with President Brum
and Minister of Foreign Relations Do- j
minguez of Uruguay at Montevideo. I
All predicted strengthening of the !
friendship and trade between Uruguay
and the United States through develop?
ment of direct communication between
the two countries. ?
32 Killed by
$1,000 a Bbl.
Ten Dead in Hartford,
18 in Chicopee Falls,
Four in Holyoke and
Many Others Are Dying
Warning Is Issued
To New England
12 Barrels of Poisoned
Eight Arrests Are Made
HARTFORD, Conn., Dec. 26. Holi?
day liquor, believed to consist mostly
of wood alcohol, has caused the death
of ten men here, of fourteen men nnd
a woman in Chicopee, Mass., and of
four men in Holyoke, Mass., in the
last twenty-four hours. More than
twenty men, many of them blind and
some at. tho point of death, are in the
hospitals here. Other victims are re?
ported in New Britain and Danbury,
The liquor, wTiich purported to be
whisky, was shipped from the Bronx in
New York City for the Christmas trade
and, it is feared, may have been widely
distributed over New England. All day
the police and physicians have been
busy in this city as reports of new
cases of wood alcohol poisoning came
Internal revenue officers in this state,
alarmed at the situation, telegraphed
to-night to Collector W. H. Edwards,
of New York, urging haste in the in?
vestigation into the manufacturo und
sale of the beverage in order to pre?
vent any more from crossing the stale
Ponr Arresta Made
Twelve barrels of the stuff, bought
at the rate of ,$1,000 a barrel ($20 a
gallon), were shipped here, and four
men who are alleged to have engaged
in the project of profiteering in Christ?
mas toddies have boon arrested. Al?
though they assert thai they thought
the liquor to be potable and knew only
that it was so strong as to require dilu
i ion, all four are held without bait on
.charges of murder.
The four prisoners are ,Li?:ob Broner
wine, saloonkeeper and joint, purchaser,
who feared to sell the stuff in his own
saloon because, it is said, he bad pre?
viously been arrested and fined under
the wartime prohibition act; Frank
.Rose, proprietor of a saloon at 277
Windsor Street; Saul Joseph, bartender
and partner of Bronerwine, and Nathan
Salsbcrg, peddler and bartender.
Irving Botick, chauffeur of a truck
which the police found at the saloon
laden with what liquor was left when
the deaths became known, was held in
$300 bail on charges of violating the
liquor law. The dead were :
Kuil Molozuk, who died three hours
after arriving at the hospital Christ-!
mas night; Jemes Charkovich, who died
to-di.iy, six hours after being sen; to
hospital; Anthony Charkovich, who
died early to-day, after being in the
hospital four hours; Bartois Stempker,
who died this forenoon, ten minutes
after go;ng blind uni) being sent to the
hospital; Joseph Chertubuck, who ?lied
last night, half an hour after going
biiinl at the hospital: Alexander
Chmiekswky, who died at his home in
West Hartford Christmas afternoon;
Philip Lasovitch. who died early to- ?
day. one hour ?fter arriving at 'he hos?
pital; Hyman Fisher, who ?lieu early
to-duy, two hours utter arriving at tho j
hospital; George Kross and Max
Warning Sent Broadcast
Michael Yusko, a saloonkeeper, >vho |
is dying a: St. F ranci--'.- Hospital, has
lingered until now, physicians say,:
only because as soon as he began to
feel the effects of the wood alcohol
he took a strong emetic.
This evening after it was 'hough!
that all the cases of poisoning had
been discovered two more ambulance
calls came in anil Benny IVr.-k... of
KM Portland Street, and Joseph Silver
stein, of 69 Huyshope Avenue, both
blind from tho liquor, were taken to
A few hours after Benny Persky was
taken to the hospital, an ambulance
was summoned to 217 Pleasant Street
to remove his father, John, another
victim of the liquor, lie was blinded, i
as was Tony Dorsway, who was taken ;
from h is home, at 59 lluyshop Avenue.
Anthon Charkovich, one .?' those
killed by the liquor, was the brother
of a man who formerly tended bar
for Kose. It was this man who first
notified the police, and his brother in
me man whom the prisoners are
accused in the murder warrants of
killing. From the four men who, it
is alleged, were to spMi the profit!
of the holiday liquor, the police dis?
covered where the "whisky" was manu?
factured and were able :o send warn
?ngs to other communities.
In most instances, it Is feared, the
warning urrived too late. One man :
was arrested in New Britain as a re-j
suit of it. however, and another in i
Holyoke, Mass., and all their custom- |
ers were advised to consult physicians i
at once. _ The name of a Danbury ?
dealer said to have received a cm- i
signment of the liquor is known and :
the police of that city are seeking him.
SPRINGFIELD, Mass., Dec. 26.
Nineteen persons are dead and several
others are critically ill in hospitals in
this city and Holyoke as the result, it
Is believed, of drinking some form of
alcohol contained in liquor which the
men are said to have bought Christ?
mas Day. Fourteen of the men died
in Chicopee and the other four in
Holyoke, while many of those ill in the
hospitals are not expected to live.
A woman sucoumbed in Chicopee.
Two men were arrested by the |
Chicopee police to-night and are being;
held pending autopsies. They are I
Charles Perry and William A. Baker, ai
bartender in the American House.
Inquiry Is Begun
The police and state and Fodernl au- ;
thorities began an investigation this
afternoon, and it was reported by the
Holyoke police to-night that the liquor
Continued on page ?ve
U. S. and Japan
Agree on Siberia
VLADIVOSTOK, Dec. 26 (By
Tho Associated Prosa).?A com?
mon ground on which to base
joint, action in Siberia hns been
reached by the United States and
j Japan, according to an announce?
ment given out here by the Jap
I aneso official publicity bureau.
The announcement said:
"Genuine satisfaction ia ex?
pressed in influential quarters
that a common ground has been
reached by Japan and America
for basing joint action in Siberia.
j This is particularly pleasing to
those who have observed with re?
gret that Siberian policies of the
| two countries nt times seemed to
! follow divergent courses."
Heirs Agree on
Fair Will Case
! Mrs. Vanderbilt ami Mrs.
Oelrichs Concede That
Rights of Seven Contest?
ants Shall Be Restored
SAN FRANCISCO. Dec. 26?A com- |
promise agreement, in the contest over \
tho will of the late James G. Fair, for?
mer United States Senator from Ne- ?
vida, was filed to-day in the Superior j
Court, ending years of litigation over'
> tin- $12,000,000 ??state. The term? of ,
the settlement were not made public.
In the agreement the principal heirs |
? of Senator Fair -his daughters, .Mrs.
William K. Vanderbilt and Urs. tier
matin Oelrichs, and her son, Hermann
Oelrichs jr., of New York?concede
that the seven plaintiffs are entitled to
? be restored to their rights under the
Lieutenant Wesley R, Crothcrs, chief j
of the plaintiffs, started action about a I
year ago, contending that the portion I
of the estate which should 'nave gone
to his mother, Margaret Fair Crothers,
of San .1" i:, was lost to her through '
the Supreme Court decision which
broke ? he Fair will.
Besidi 3 Lieutenant ?""n'hers. the
i plaintiffs are Mrs. \ irginin M. Trimble,
: Mrs. Rmma 0. Young, William J. Fair. ;
? Miss Eva Lena Fair, John A. Fair and ?
: Miss Florence Fair. Lieutenant Croth
| ers's mother was a sister of Senator'
hair. The other plaintiffs are sons and i
daughters of William Fair, brother of
Vanderbilt Daughters interested
The defi ndants, besides Mrs. Vander
'?i1;, Mrs. Oelrichs und Hermann Oel?
richs jr., were Muriel and Consuelo
Vanderbilt, daughters of Mrs. Vander-I
bilt; William K. Vanderbilt, non of
Virginia Vanderbilt; .laines S. Angus;
[ and Thomas G. Crothers, executors of
Fair's will and trustees of the estate,
and Fri derick W. llenshaw, former jus- '
tice of the Supreme Court.
The compromise agreement was pro- ;
Rented by Attorney Martin Taylor, of
New York, representing the Vanderbilts
When Senator Fair died, in the early -
'90s, his estate wan variously estimated
at between $12,000,000 and $20,000,000.
Estate Placed in Trust.
Tin' will .isi.ablish.cil a trusi compris?
ing the entire estate, and provided that
his three children, Challes Fair, Mrs.
i Vanderbilt and Mrs. Oelrichs, should I
receive tho income from this trust dur?
ing their lives. I pun the death of the
of his three children one-half of
the property, it was provided, should be
given to his grandchildren, and the
other half divided equally between his
brothers and sisters and such children
of theirs as might be alive when the
trust terminated. Charles Fair and his
wife were killed in an automobile ac- ;
cident near Paris several years ago. ?
Of trie brothers and sisters of Senator
Fair, only one, Edward Fair, is living.
Magistrate's Pay Attached
Hunk Brings action to Recover
Justice Greenbaum, in the Supreme i
Court yesterday, signed an ..nier gar
nisheeing the salary of Magistrate
William A. Sweetzer. The order was
obtained by the Emigrant Industrial
Savings Hank, which filed a judgment,
against Mr. Sweetzer In January, 1913.
The claim at that time was $154.41,
since reduced to $l6i),41, which is now
It now becomes the duty of the. Com- ;
troller to deduct $10.68 from Magistrate
Sweetzer'fl weekly salary of $166.88
."i,?! turn it over to Sheriff Knott, until
tho amount of the judgment is satis?
Aid Awaits Shrine Thieves
Rector's Note Offers Cash to
Protect Colleetion Box
"Dear Vandal: Don't smash this box.:
Tf you are in rued, come in and we
will help you. TUF. RECTOR."
Tho foregoing note in the vestibule
of St. Ann's Church. 112 Fast Twelfth
Street, excited comment yesterday.
Inquiry revealed that a thief had
broken open the ottering box at St.
Ann's statue and taken small sums
contributed for the purchase of keeep
ing candles alight at the statue. The
box has been robbed several times, ?
Father William Sinnott said. I
"Big 4" Rail
Brotherhood Leaders Are
Summoned Monday to
Discuss Attitude Toward
Return of Roads Mar. 1
Said To Be Voted
Radical Action by Unions
Considered Unlikely as
No-Strike Law Impends
WASHINGTON, Dec. 26. Opposition
of organized labor to pending railroad
legislation, particularly tho anti-strike
provision of tho Cummins bill, crystal
Samuel Gompers. president of the
American Federation of Labor, sent
out calls to the chiefs of the four
railroad brotherhoods to meet him in
conference here next Monday. Al?
though no explanation of the confer?
ence was given out at the federation,
it was understood that the union chiefs
will frame their policy toward Presi?
dent Wilson's announced purpose to
turn the ronds back to the owners on
March 5 and to organize their cam?
paign to prevent enactment of the
anti-strike provision of the Cummins
General Strike Threatened
William H. Johnston, president of
the International Association of Rail?
way Machinists, served notice that the
120,000 members of his organization
had voted secretly more than a month
ago to walk out if the Cummins
measure should be approved intact by
both houses of Congress.
The President's decision to return
the roads, which organized labor had
hoped would be kept under Federal
control another two years, evoked mut
terings from the railroad shopmen to?
day. Their demands for a wage in
ciease have been before Director (!en
eral Hines about five months. It was
indicated Hat they would i-'-ee Mr.
(lines .Monday when he returns from
his holiday and ?liscuss their case be?
fore attending the general conference
with iUr. Gomper3. The shopmen ara
directly allied with the American Fed?
eration of Labor and have had its back
ing in all the moves they have taken
In the last few months the Adminis?
tration has been successful in evading
the issue of increased wages for rail?
road employees by the promise that the
cost of living soon would drop. No offi?
cial of the railroad administration
would attempt to-day to forecast what
Mr. Hines would tell the shopmen, bui?
lt was expected he would point out the
latest promise of the Administration
to bring down the cost of living and
ask for a further delay until it lias
been tested by time.
Decision to Stiike Doubted
The shopmen must then choose be?
tween taking the word of the Adminis?
tration that has been favorable to
labor for so many years or bring on
a disastrous strike that would alienate
many of their friends in Congress.
The shopmen arc not expect???.! to elect
to strike, in view of the understanding
that thu general conference with. Mr,
Gompers will be to plat-, the rallying
of all labor's forces in Congress to de?
feat the anti-strike provision of tho
Cummins bill, and the shopmen would
withhold action that might prejudice
the cause of all labor.
Although labor leaders hern arc con
fident that the Senate and House con
ferees on 'he Cummins and Esch bills
will not. adopt the anti-strike measure,
they do not intend to let the matter
go by the board and plan to vage a
vigorous fight to assure its rejection.
If the conferees do not live up to
labor's hopes, the fight will be carried
to the floor of the Senate and House,
and even the most optimistic friends
of the anti-strike provision do not be?
lieve that it can be forced through
Wage Issue in Abeyance
In view of this determination, it was
regarded as doubtful to-night if the
brotherhoods will iaur :h any new ef?
fort to get wages increased before the
roads go back to their old owners, or,
if they do, that they will buck if up
with any proposal for a universal
strike. The temper of Congress, at
present probably hostile, to an anti
strike provision, might easily be turned
in favor of such drastic legislation if
the country were to be faced with the
prospect of a nation-wide tie-up of the
Many members of Congress have not
forgotten the way the Adamson law
was put through two years ago a ad
how the country criticised the national
legislators as a consequence. With a
Presidential campaign coming on, a
Republican Congress might be willing
to put through the most drastic legis?
lation directed at strikes if a univer?
sal walk-out was to be feared.
The conferees on the railroad bills
did not meet again to-day. They ex?
tended their holiday until M onday,
when they will push work on tho bills
Continued on page three
A [New C o ni i c
Page by Briggs
Starts in Next
"Mr. and Mrs. -" i^ the
title of Briggs 's clever new series
of comic pages which will ap?
pear regularly in the Sunday
Tribune beginning Dec. 28th.
Briggs has drawn married life
as it feels. Order from your
newsdealer in advance to-day
for next Sunday.
'Mild9 Senators to Stand
By Lodge in Compromise
| On Treaty With Democrats
Allies and Germany to Begin Final
Peace Treaty Conference Next Week
PARIS, Dec. 26.?Conferences will begin here early next week,
probably Monday, between Allied and German delegates on .measures
preparatory to putting the peace treaty into effect, it was announced
to-day. The sessions will be held under the presidency of General
Lerond, a member of the French delegation, and will be participated in
By French, British, Italian and German representatives.
BERLIN, Dec. 20.?The Allied reply to the latest German note
regarding the peace treaty protocol was published here to-day.
The first paragraph of the reply expresses satisfaction that the
, German government shares the point of vew of the Allies that the
dispositions of the treaty of peace are applicable from the moment of
the. treaty's entry into force, whether ratification by the United States
has or has not occurred.
The Allies take note that Germany admits in principle that no
contracting party can refer to the non-participation of the United
States in the first deposit of ratification documents as a ground for
j questioning any stipulation of the treaty.
Wait in Giurcli
Dr. Vermilye, of Brooklyn,
Fails to Appear and
Friends of Aped Physician
Hint impostor Duped Girl
MONSON, Mass.. Doc. 26.?Miss Ruth
j M. Kecney, whose marriage to Dr. Will
| iam Grey Vermilye, of Brooklyn, a
] former naval surgeon, was postponed
| Thursday after the bridegroom-elect
! had failed to uppear, said to-night she
j is still convinced that the doctor has
i either met with foul play or has boon
| injured in an accident. Her convictions,
i sho said, are confirmed by press dis?
patches in which it- was said that
I money due Dr. Vermilye had not been
? Miss Keeney said the doctor had told
I her he would collect the moncj before
! coming to Monson, and the fact thai it
had not been claimed convinced her al!
the -.:<?;-a that some one who might
have knowt about the money liad way?
laid - he surgeon.
Miss Keeney also said she realized
the doctor had not lived in Brooklyn
for some Mine, duo to his service on
the United Fruit steamers, his naval
service and his trip to South America,
but she said he had kept his head
j quarters at the Brooklyn address and :
! she had been able to communicate with
! him by letter or telephone.
At Home on Tuesday
In fact, .Miss Keeney said she had
? communicated with the home yester?
day and servants at the house informed j
her that Dr. Vermilye spent the nig] '
there Tuesday and left Wednesday :
morning, saying he was going to Man
son to be married.
Guests at the expected wedding, who !
crowded the Methodist church, were
dismissed by the Raw. Herbert B.
Buckingham with the word that Dr.
Vermilye had not been heard from
since he left a New York hotel sup?
posed^ on the waj to be married.
Mr. Buckingham said that he and j
Mi ?s Keency's family felt that Dr. Vcr
milye'j absence was due to violence.!
Ttie expected bridegroom, he explained, i
had been engaged in Federal service
in rounding up radicals since his dis-;
charge from tho navy, and arrived in
Now York last Friday from a South
American trip, in which he had super?
vised the deportation r?> Colombia of a
"Bed." This fact, he added, suggested
the possibility of radical activities be?
ing responsible for Dr. Vermilye's non
Miss Keeney and Or. Vermilye met
as tourists in South America two - ears
ago. ? t..? was a visitor to her home
heve for a week last summer. The
couple had much in common, both hav?
ing bean graduated from Middle West?
ern colleges and completing their edu?
cation at German universities.
Mis.-. Keeney, returning from Buck
neli I niversity, saw her fiance in New
York last Saturday, when he accom?
panied her to the train. Subsequently
he wired the hour of his expected at-- j
rival for the wedding.
Brooklyn Doctor About Seventy
The onlj Dr. William G. Vermilye
known in Brooklyn is a physician i
about seventy years ola, why formerly
lived ut 245 Sunnyslde Avenue. He was
attached to the United States Ship?
ping Board, according to one of its i
officiais, aiiid returned a week ago from j
a month's trip to South America on a
special mission for the board.
Lr. Vermilye was seen in Brooklyn
last Tuesday by A. Heinmuller, a
friend, who now lives at the Sunnyside j
Avenue address, and by John A. Bren
dell, a real estate agent in East New
York. Both of then1 were sure that;
tho aged physician they knew was n.it
ehe man in the Masachusetts case and
that some one else was using the ?
Dr. W. W. Miner, fleet, surgeon of the
United States Shipping Board, said
he saw Dr. Vermilye last Monday. Ho i
described Dr. Vermilye as being six j
feet tall, clean shaven and gray
ATLANTA, Ga.? Dec. 2H.?Dr. John
Vermilye, practicing physician of this >
city, when asked here to-night If ho !
knew of the proposed marriage of hU
father, Dr. William Vermilye, to Ruth '?
Keeney, said tho affair was a mystery i
to him, that he had never heard of Miss
Keeney and that he had not heard from '
his father since November,
The elder Dr. Vermilye married Miss
Eva Vansylckle, a Brooklyn woman, in
Brooklyn in 1887, according to the son, <
who added that his mother died in i
1300. Two children were born of the ?
union, but the Atlanta physician ?a '?
the only surviving one. Dr. William
Vermilye, it was stated, was a sur- I
geon on a fruit steamer prior to the |
war, and was inducted into the navy
when hostilities were opened. He was
on duty aboard transports and made
the passage of the Atlantic seven >r \
eight times. His son said that Dr. I
Vermilye wai sixty-seven yea? of age.
I Grand Jury to
Give Him Facts
? Ready 10 Exonerate or Re?
move Prosecutor After
Full Inquiry Is Made
Into Present Difficulty
Special Corresponder c*
ALBANY, Doc. 26.?Governor Smith
: wrote to-day to th?? members of the
; extraordinary grand jury in New York
! City refusing to appoint another in
? dependent counsel lor them and sug?
gesting if the body had definite reasons
| for not submitting to the guidance of
District Attorney Swann. these fact?
he laid before the Governor at once,
it' these facts warrant it, the Governor
1 promised to remove the District Attor
. ney from office.
Mr. Smith reviewed h;s appointment
! of George (?ordo'; Battis ;.s counsel
\ and the dissatisfaction of the jury
members with his choice. He also
spoke of his ensuing appointment of
Joseph M. Proskauer and tho alleged
refusal of Mr. Swann to cooperate with
him, which brought about Mr. Pros?
Governor's Power Limited
Tho Governor likewise pointed out
he iiad no authority to appoint further
counsel, sav by the designation of the
Attorney General and under certain
specified condition?. He believed, ho
said, that in this case these conditions
have not been fulfilled.
"The more 1 have studied the cor
troversy, which has arisen between you
and the District Attorney," he wrote,
"the more 1 am persuaded that the
real issue first to be determined is
whether or not the District Attorney
is faithfully performing the duties of
his office. If you can lay before me
evidence to the contrary, and such evi?
dence is sustained to an extent, war?
ranting such action, 1 shall remove the
Mr. Smith adds if on the other hand
no such evidence is forthcoming he j
will immediately exonorate Mr. Swann ;
and interfere no further in the squab- |
ble between him ami the jury. His i
"Gentlemen You have laid before me !
requests to furnish you with ???ira!
counsel independent of the Di tricl
Attorney of New York County. In cum- |
pliance with your first request for the ?
assignment to you of Mr. Geoi-ge Gor- !
?ion Battle :?? counsel, the District At- ;
torney-, at my suggestion, offered ro ap
point hirn a Special Assistant District ;
Attorney for the purpose of acting as
your adviser, but from statements ' ub
sequently made to me understood that
this course did not meet with your
More Obstacles Kevealed
"1 thereupon suggested to the Di.?- j
trict Attorney the appointment of Jo- |
seph M. Proskauer as Special Assistant
District Attorney, and I understand '
that his appointment was personally .
satisfactory to you, but that the Dis?
trict Attorney has refused to surround ?
him with conditions which in your:
judgment were necessary for the ac- :
complishment of your purpose, and that
he has therefore declined the appoint- i
"1 have no legal power as Governor
to appoint counsel for you. I have ?
therefore given the most earnest con- '.
??deration to the situation thus created, ;
and have reached the conclusion that
the proper course for me to follow is .
the one clearly indicated as correct ?
by the statutes of this state. These
statutes pr?vido that the District At- !
torney shah be the adviser of the grand j
jury. They give the Governor powe> '?
to supersede him by the designation of I
the Attorney General under certain ?pe- '
citic conditions, which in my judgmont :
have not been met. I believe, there- '
fore, that it is neither my rieht nor j
my duty to supersede the District At- '
torney generally as the adviser of the ?
grand jury by the designation of the
Will Act According to taw
"Nevertheless the representations to j
me as Governor by so important a body j
as the grand jury of the extraordinary I
term of the Supreme Court that there
exist conditions in the District Attor- !
ney's office which make it improper or !
inadvisable that he discharge his legal I
duty as the grand jury's adviser should j
not be overlooked by me, but should be
treated by me in accordance with the j
law. The law provides that when a !
District Attorney has been faithless
to his trust or guilty of improper con
duct he may be removed by the Gov- |
ernor on charges.
"If you believe from information |
in your possession that the District ;
Attorney of New York County has
been guilty of misconduct so serious '?
as to justity you in excluding him from ;
the performance of his legal duty as]
Continued on page three
Republican Leader Given
Free Rein to Negotiate
on Proposed Changea
To Cause Split
Lenroot Says Independent
Action Will Result Only
if Delay Is Too Long
Nrvc York Tribw
WASHINGTON". Dec. 26.?Sena?
tor Lodge to-day was placed in eotn
: plote charge of all negotiations of
I the Republicans in the Senate for a
compromise on the peace treaty.
The group of so-called "mild res
ervationists" at a number of infor?
mal conferences decided that they
' would refer the Administration lead?
ers in the Senate to hin-: in future
: efforts to reach an agr?eement on
reservations, and personally assured
; Senator Lodge that they were not
planning to revolt against his lead
As a result of the action of the
' "mild" Senators, Senator Lodge will
< direct compromise negotiations for
i all of the Republican Senators who
: want the treaty ratified with reser?
vations. He will be given every op?
portunity to reach an agreement
! with the Democrats before any
group of Republican Senators will
i take independent action.
Talk of Revolt Ended
Talk of revoit against the leader?
ship of Senator Lodge was set at
| rest by the action of tiie "mild res
ervationists." After their confer?
ences, they declared they never have
i gone so far as to plan a movement
i against Lodge's leadership, but they
; said that as individuals they have.
' eritieiz'id Senator Lodge for what
! they regarded as his failure to
! initiate a compromise.
The Administration forces In the
i Senate have been making every effort
i to persuade the "mild reservationists"
to take matters into their own hands
?and negotiate with the Democrats
j without any regard for .Senator Lodge's
j The purpose of the Democratic lead
; er? has frankly been to make .; breach
?in the Republican ranks, :? ?> that they
could Make ., compromise ?;e;,i with
eighteen or twenty Republicans. Sen?
ator Hitchcock, Admini (ration leader,
counts upon the support of a'! the
Democrats except Senator Reed, of
Missouri, for compromise reservations.
and has figured that, the remaining
forty-six Democrats could make an
agreement with eighteen Republicans
that ?vould give him control of the sixty
four votes needed to ratify the treaty
without having to deal with Senator
Lodge in any way.
The Democrats ?Aere disappointed to?
day when Senator Lenroot, of Wiscon?
sin, spokesi ai for the "mild reserva?
tionists." informed them that the group
o? Republicans hose support they
have been counting on had decided to
have Senator Lodge acl for all the Re
Sei atoi Lenr? >1 - wei I to Sen?
ator Lodge's house and told th? Re
publican leader or' the conferences held
by the "mild reservationists."
The conf in i c< - were held in '!.?
office of Senator McNary, of Oregon;
Senators Lenroot. Hale, of Maine, and
Kellogg. of. Minnesota, were among tin
Senators who attended. They were
called into conf ?trenca lor the purpose
of discussing plans.
The "mild reservationists" have
nearly all talked the situation over
with Senator Hitchcock and other
Democrats, but they reported to-day
that no headway hud been made toward
A proposal was mado by Senator
Hitchcock that tv.?.< croup of "mild res?
ervationists" formulate a compromise
proposal of their own, ignore Senator
Lodge ami submit it formally to the
Democrats for consideration. This was
The Senators at the ci.nferer.ee then
decided that they would inform Sen?
ator Lodge that they would give him
tiieir support in any effort he might
make toward securing an agreement
on reservations, and that they would
not rake any independent action until
after Senator Lodge failed in every
effort htr could make toward a com?
Must Be Rat i lied
"Th?? situation is this," explained
one of the conferees. "Wo. feel that
the treaty must be ratified. The public
is impatient with the delay. They do
not want parliamentary dignity to
stand in ihe way of ratification.
"We have talked with the Democrat?,
and they are utmole to offer ar.y propo?
sition for a compromise. They do not
know what to offer. The President
might not accept their proposition after
wo have accepted it. They fear that,
and they have come to us and asked us
to take the initiative.
"Some of the Republican Senators
feel that Senator Lodge Bhould have
talked the situation over with Senator
Hitchcock before this. We have talked
with Senator Lodge, however, and we
feel that he is reu.iy to do all that he
can to secure a compromise, except.
of course, abandoning the principles of
the reservations reported by tho For?
eign Relations Committee.
'We have ?Jee.deti that we will not
initiate any compromise proposal. We
will support Senator Lodge in anv ef
fort he will make. Should be not b
able to make a compromise, then