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THE SUN, MONDAY, APRIL 17, 1911.
MONDAY, APRIL 17, 1911.
rnterrd at Ihe Post Office fit New Votk aa Second
Hats Mall Ma'ter.
fsnbsrrlptlnns by Mull, Postpaid.
DAILY, rcr Month n no
DAILY, Per Year 6 nn
bL'NDAY. Per Year
DAILY AND Pt'MDAY. Pf r Year "00
DAILY AND St'NPAY, Per Monlh . 70
Postage to foreign countries added.
All checks, money orders. Ac, to he made pay
Sbte to THE !'!.
ruMlihfd dally. Including Sunday, by the S'm
Printing and Publishing Association (it 1'n Nassau
Itteet, In the Borough of Manhattan, New xmk
President of the Association. Edward P Mitchell.
170 Nassau street; Treasurer of the Association,
M. T. I.aflan. 170 Nassau street, Secretary of thr
Association, T). W.tjulnn, 170 Nassau street
London office, Effingham House, t Arundel Href t,
ftrand. The dally and Sunday St-N are on sale In
London at the American and Colonial Exchange,
rarlton street, Re gent street, and Daw 'a steamship
Agency. 17 Green sU-eet. Charing ross Koad,
Pari, office. 6 Rue de la Mlehodtere. ofl Rue du
Quatte Srtembre (near Place dc ropCrst. The
dally and Sunday edition are on ale at Kloque
12, near the Grand Hotel: Klosque 77. Boulevard
dea Ctpuclnes.. corner Place de l'Opera. and
Klosque It, Doiilevard dea Itallem. corner Rue
Leuls le Grand.
sue ttltnii vho furor us trtrA manusc rfp fur
ruMlranWi vlth tn hare raffled a rtlce J returned tl'll
rnvsi l-i on Cffirj f rna trampi jnr inai rvrpusv.
Governor Dix on the Income Tx
"Fortunately the income tax, says
Governor Dtx, "is not a partisan or
political question." This is true to this
extent: Populism has bitten both Re
publicans and Democrats. Remember
ing the ancient Democratic doctrine of
State rights, it is for the Democrats to
be the more ashamed. A Republican
Governor defended in that unanswerable
message of January ft, into, the rights
and Interests of the State of New York:
a Democratic Governor now abandons
them to chance, to the good nature or
forbearance of the Federal Government.
He joyfully welcomes the swallowing
by the Federal Government of a funda
mental right of his State.
Only the other day a Democrat of
another temper, Judge George Grat,
" It In at least a question open to casuistry ot
Interpretation whether these words 'from what
ever source derived' can he explained so as not
to Include the money eipended by the State to
secure the performance, of the absolutely neces
sary functions of Its government, the money paid
br way of salaries to Its officials or the Interest
the State and Its municipalities are obliged to
pay on their debts."
Of the Democratic demagogy or
blindness in this regard, Judge Gray,
almost as if anticipating the curious
letter of Governor Dix published last
" It aeems to me at any rate smailng that any
Democrat can fall to see the menace to the Integ
rity and Independence of the States that must
reault from the surrender of this unlimited power
Jof taxation of Incomes 'from whatever source
derived') to the central Government. It Is not
the part of an Intelligent and virile citizenship
fuplnaly to repose In the fond belief that the grant
of this unguarded power win never be abused.
If this 1 to remain a union of Independent States
It Is for the Statea themselves by a wise foresight
to make secure the Indestructibility of their own
Fortunately, opposition to the income
tax is not political or partisan. It was
a Republican, the late David J. Brewer,
Associate Justice of the Supreme Court,
who warned his countrymen in 1004:
" If once you give the power to the nation to
tat all the Incomes, you give them the power to
tax the States, not out of their existence, but out
of their vitality "
Ah, yes, but the Rochester platform
- which had nbo,ut as much to do with
the election of Mr. Dix and a Demo
cratic Legislature ns Noah's flood with
setting the Albany Capitol on fire its
sacred unconditional income tax amend
ment pledge binds (iovernor Dix, and
he trusts in the good intentions of the
representatives of a majority of the
States. That is, he is willing the State
should sign away an indispensable,
and once lost Irrecoverable, power,
in the hope that it will not bo unod
to the disadvantage of New York, as if
the loss of it were not in itself a fntal
disadvantage. To the "glittering gen
eralities" on the good will of sister
Stateswhose nim is to makn a few
large Eastern States pajt the lion's share
of taxation let us oppose one concrete
instance. Here is a Little Rock despatch
printed in The Sun of January 2':
"The Arkansas House went nn record to-day
In favor of the proposed Income tax amendment
to the Federal Constitution by a vote of an to .to.
"The large majority was won with the argu
ment that under the amendment Arkansas would
have to pay only 11 to every 31.ono.ono paid by
New York, thereby equalling the taxation nf the
A vivid interpretation of the "justice"
and equality of this tax.
The Mayor of TIiinneweH.
Sympathy goes out to the now Mayor
of Hunnowell, Mrs. Kt.t.A Wilson. She
is on trial before the pqtinl suffragists of
the count ry s wll as the men of Hunno
well, and the latter, sad to toll, are not
inclined to hold up, her hands. It is
happiness to bo able to say that no un
gentlemanly technicality was employed
to deny her the dignity and emoluments
of tne ortlce. In caso of a tin or doubt,
the lady should always bo declared
Mayor Kt.M Wilson was inducted
into her office last, Monday. Her sup
porters did not ct.'lebrate. There was
no ringing of bolls, blowing of horns
or firing of guns; and no healths wcrn
drink, Hunnowell being a dry town,
Mrs. F.i.la Wilson seems to hnve been
overoome by tlio ceremony and the
ehndfiw of the responsibility, A brief
account of tho ceremonies appenr.8 in a
Hunnowell dcspnti'h to the Intrr Orpin
When Mrs t'l I I Wlt-snv appeared r1lh
eral of her friend at th Council chamber tn
night, ihe retiring Mavnr. Ir Mit asked her in
take the oath Sue appejred nervous and her
response scarcely above a whisper The
Mayor asked It the would not com and addrrts
the ciowd present. She shook her head Only
two of thai new Council membeti appeared to
take the oath to-night. Mr. WttOK whispered
to her friends that aha would sty what aha had to
offer at the next meeting. After the old Council
had disposed of unfinished business the new mem
ber organlred and the Mayoress proceeded to
deliver an Informal Inaugural address."
It is to bo feared that the stage fright
Mnyor Wilson exhibited on this trying
occasion will estrange militant suffra
gists from her. Some of them If railed
ttMin to take office would scorn to be
embarrassed. They would robustly em
brace tho opportunity to address their
fellow citizens. The Hon. I'lla Wil
son seems to be feminine to the tips of
her fingers. No doubt they trembled
when she took tho oath and consecrated
herself to the redemption of Hunnowell.
Her inaugural was worthy of her cause,
"Pool halls" she unsparingly condemned
and protosed to tax them out of exist
ence. She seems to have been severe
on the morals of Hunnewell. The town
should have a city hall, she thought, and
she recommended a bond issue of $10,0110
for tho purpose.
Mayor Wilson (they call her Mayor
ess in Hunnewell) would have said more,
but she had an engagement to address
a woman's cbib at Braman and tho
duty seemed to be paramount to further
moralizing upon conditions in Hunne
well. Her Honor Just managed to
catch a train on the Santa Fe. The
following day she appointed as chief of
police Mrs. Rosa Osborn, whom a man
had defeated for police Judge at the
recent election. Mrs. Osborn, it Is
understood, will accept if she can have
an assistant. This seemed reasonable
enough at first, but could Hunnewell
stand the expense? It is but a little
way station on tho borders of Oklahoma,
and its population does not exceed 250.
A large police force is evidently not
necessary: In fact, tho chief seems to
constitute the whole of it. If there were
two members they would have to be put
in uniform. Mrs. Orborn'r request for
an assistant raises the crucial question
whether she could arrest a "pool hall"
habitue alone. Woman suffrage in Hun
newell might split upon this rock.
A straight and narrow and thornv
road awaits Mayor Wilson. The Coun
cil, composed entirely of men, Is more
or less hostile. Thus it objects already
to her plan for a greater and better Hun
newell. A city hall is not needed, the
Councilmen say, and the Interest on a
bond issue of $10,000 would be a night
mare to Hunnewell. In the "pool halls"
thoy can see no iniquity youth will
have its fling. Therefore they aro op
posed to high licenses. Stand up for
Hunnewell! is their cry. We shall
watch the experiment with concern.
The Hon. Ella Wilson rings true, but
we hope that her Honor and Chief of
Police Rosa Osborn will not be too
severe upon the young Hunnewelllans.
That way would lie failure, and the re
action would be terrible.
The Direct Tax.
In the final message which he addressed
to the Legislature of this State Gov
ernor Hl'ohks made the following com
ment upon tne nnanciai problems which
' Mr reflection upon thla matter baa ted ma to
the conclusion that when the people authorUe a
bond lasue upon a basis of a direct tax to pay the
bonds that direct tax should be Imposed."
In his last annual report, under date
of December 31, 1B10, Comptroller Clark
illiamp, after renewing the condition
of State finance, said:
"It Is my opinion that the Question of direct
taxation has been largely one of political expedi
ency, and that the results of a permanent appli
cation of the principle would tend to economy
through a more watchful care on the part of the
citizens generally of the expendlturea of the
money of the State. The moral effect of a direct
tat might result In saving In appropriations of aa
much as the amount raised by the tax levy Itself.
I recommend that the contributions to
the sinking funds necessary to meet bond Interest
and ev entually to retire the bonds of the State be
raised by a direct tax."
In inoi the State was practically free
from debt In the ten years that have
followed the people have authorized the
following bond issues: $101,000,000 for
the hargo canal, $50,000,000 for the
highway Improvement, $7,000,000 for the
Cayuga-Seneca Canal. It is now pro
posed that there shall be an additional
bond issue of $18,000,000 to provide funds
for bnrge canal terminals, In ten years,
therefore, the State has authorized a
debt of upward of $110,000,000, and the
present prospect is that it will shortly
be increased to $17,000,000.
In this time, by reason of the payment
of the interest and sinking fund charges
from the current revenues, themselves
raised by indirect taxation, not the
slightest evidence has como to the tax
payer of tho change in the condition of
State finance. But the resources of new
revenue are at Inst exhausted, and the
time has come when the cost of the State
debt must be defrayed by some other
moans than that of indirect taxation.
In a year or two nt. the latest it will be
necessary to raise $10,000,000 annuallv
outside of the regular budget to meet
the charges of tho State debt.
When the burden is at last placed upon
the shoulders of the taxpayers there
will come an automatic end to bond
issues, canal policies and debt manu
facture. Until that time it will still bo
possible to legalize bond issues by pop
ular vote, since tho people have as yet
no real appreciation of what the future
holds for them in tho way of tax paying.
The sooner this knowledge is achieved
the better for all concerned.
I'nder the beneficent indirect tax sys
tem tho State has accumulated a debt of
$iso,000,ooo in less than ten years. Tho
charges of this tlebt will extend over the
next fifty years. A Democratic admin
istration which has promised sanity and
safety In State finaneo can perform no
more useful work than that of setting
tho taxpayers to work paying present
debta rather than encouraging them
blindly to acquire a few more before tho
" I.tsht Literature.
Tiik Sl'N has received from h ritl.
zrns Union of this town a circular letter
Mgnod by the Hon.WiLLIAM JaySchief
felin. The letter invites aid and sup
port for the Saxe-Shortt bill now pend
ing before tho Legislature of this State.
Ibis bill, to quote from the Citizen
Union letter, will "substitute for our
present unfair party column ballot a
Massachusetts form of ballot."'
A sample ballot of the Massachusetts
scheme as adapted to this State accom
panies tho letter, and of this the Citizens
" This Is the fate ballot, which the Saxe-Shortt
bill would substitute, for the present jperMI Inter
HI ballot. Will you not give It your support!"
Tho letterhead of our communica
tion bears this pleasant legend, "It
there be light." It is impossible not to
recognize In reading this production
that it Is nn official document issued
from tho headquarters not merely of
light but of righteousness, as well ns
of superior Intelligence, and that Its
manifest purpose is to raiw to tho
higher level of its authors the lower,
baser and necessarily less intelligent
masses to whom It is addressed.
Tho document Itself is an admirable
example of tho spirit and the temper
of tho contemporary regenerator. For
a great many years the ballot now in
use in this State has been In tho process
of development. In its present condi
tion It represents the will and the experi
ence of years of party government in
this State. Its origin Is scarcoly trnco-
able now and It antedates the time when
the most addlepatod and jojuno dema
gogue first conceived tho "special in
In Its existing shape the New York
ballot serves best tho vast mass of tho
electorate who are party members and
desiro to vote In the partv columns with
the least possible trouble. It is less ad
vantageous for that inconsiderable mi
nority which has no strong partv affilia
tion and is accustomed to cross party col
umns with great frequency and desires
that what it does from choice the ma
jority of the electorate shall be com
pelled to do from necessity.
The debate between the two svstems
Is very old. The Sun has no desire at
this time to express any opinion on the
merits of the case. It recognizes per
fectly tho advantages claimed for the
Massachusetts system and the evils
charged against tho New York method.
Massachusetts and New York have de
veloped from different traditions, and
their publio life has taken variant direc
tions; one may be bettor than tho other,
but tho growth of both has been in
accordance with conditions which were
natural and logical.
That it may be wise now or hereafter
to chango to the Massachusetts system is
to be conceded. Btit what Interests us
nowisthaj when it is proposed that there
shall be a great governmental change, a
complete transformation of the method
bs which hundreds of thotisands of
voters annually indicate their public
will, the Citizens Union advocates of
the change base their arguments for it.
not upon any thoughtful appeal totho
wisdom, the judgment or the experience
of the intelligent majority of the voters,
but only on the prejudices, ignoranco
and passion of a small minority.
Reading the letter from which the fore
going extract was taken, it is easy to
understand the demoralization and ap
proximate disappearance of the Citizens
Union as even a minor fact of the public
life of this town In recent years.
For one thing. I do not believe that the people
of the State like to are the majority of the legls
laUre year taken up with an attempt to elect a
United Statea Senator. ri linn. E. a. Mxbritt.
Jr., m (He tVeit MKt Wepublconj,
Yet the results of the spring elections
have not been of a kind to Indicate that
the voters are even mildly vexed over the
conduct of tho majority of the Legisla
ture. Chairman Barnes of the Republican
State committee believes that "if the State
wants to take the full responsibility for
running political parties it should run
them completely." Is not the payment
of campaign expenses from the public
treasury ono of tho glorious reforms to be,
wrought by the now nationalism?
News From the Consols.
Consul-General Anderson nf Hongkong Bays
In P I'll C'ontvlar ond rrnrfe Kepirl.- -The devel
opment of Industrial enterprises In China, now
marked, seems likely to work to the benefit of
Europo and the I'nlted Mates rather than Japan,
The trade of Japan with China has consisted
largely In the sale of goods of modern character
of easy manufacture among a people which ts
commencing to learn modern manufacture, such
aa the cheaper cotton goods, matches, small and
simple machines, plain steel products, and Ihe
like. With tho rise of modern Industrial activity
In China, howeer. will come a demand for more
rompl?x products, for le3S of the goods and more
of the machinery with which to make them. In
short, the I'nlted Statea and Turope will soon be
sending to China the machinery and products
they are now aendlng to Japan, unless Japan can
compete with America In this trade,"
The total tru borne trade of Bombay, India, for
the fiscal year ended March XI, loin, says Consul
V. Haldeman Pennlson, was valued at im.ui.ijis,
Ihe largest l.gure ever reached, it was made up
of: Exports (Increase 33 per cent, over lonoi
IITA.SM.W; Imports (IS.ono.ono decrease from
The export trade of the year was extraordi
narily prosperous; crops were large and prices
high. The Indian cotlon crop was exceptionally
large and good, Foreign demand was heavy and
prices high, to Ihe Injury, howeer. of the nomhay
cotton mills. As a consequence the Importations
of textile machinery decreased. Importa from
the tinlted states rose from LSI to 2 aa per cent,
of the total, and exports from t.W to l.M per cent.
Imports from Great Rrltaln fell from 7 to m.tb
per cent., while the exports rose frot.t u.tn to
IS M per cent. Our Import Increase was In kero
sene and cotton piece goods, and our Increased
taking nf the exports was In raw skins. Chinese
cotton mills are cutting Into the trade In China
nt the Bombay cotton mills. Cotton spinning
In Pombay Is not as proiltahle as It used to be.
Exports of raw cotton reached a talue of 171.007,
337, or l.noo,ono moro than In loos no.
exported amounted to I30.si3.ai:, an Inrreaso of
A rastlllan Admirer of the tlotcher of Ens.
To Tn Kditos or Tbk sun fUr: The "tosh.
Ing" of the Thane of Rklbo In TH snt nf April A
tor ma lniciugeni enoris 10 inauce English speak
ing people to adopt a system of spelling somewhat
In accordance with common sense Is very good
by way of a Joke, but the loglo Is all with Mr.
Carnegie and hla fellow workers.
I have recently been helping a keen wltted
Spanish friend to learn English, and I can assure
you that I have had the preposterous absurdities
nf English orthography thoroughly "rubbeej fm."
When you aee a Spanish word you know that It
means what It aaya, and you don't havs to leave
out two or three letters and add another In order
to pronounce II properly. The Impeccability of
hla own language In thla respect ghes my friend
the opportunity of commenting gmely from
time to time upon the logical and practical turn
of the Anglo-Saxon mind aa eihlhltsil In the
spelling of I'ngllsh, Last evening after going
through a drilling In pronunciation and being
corrected for mistakes that every rational person
would naturalf)- make, lie wearily remarked, "Que
lengua tan Imbecll!"
It Is with some difficulty that people who have
heard their language called 'Imbecile- by for
eigners appreciate the point of jokes aimed at
those who are making ao effort to rid the lan
guage at least of the most offensive abiurdlttea of
IU orthography. s n
Niv You. April U.
COTTOX CORXERS VXDER THE
The I'nlted States Circuit Court has ruled
that the Sherman nnll.lnist net does not
ppl' to nn alleged attempt to corner the
price of cotton throtmh operations on the
New York Cotton Exchaniro and has sus
tained demurrers to four of the eiRht In
diet men ts obtained hy the (lovernment
against .lames A. ratten, Kuireno (I, .Scales,
Kraiik II. llavno. William P. Drown nnd
llohert M. Thomtson In tho prosecution for
conspiracy in connection with the "bull
cotton pool last August. The first four
counts In tho Indictment churned conspira
cies to monopolize Interstate trads and
commerce, although tho second and fourth
contained no allegations of overt acts.
Tho fifth count chanted a combination and
the sixth a contract In restraint of such
trade and commerce. The seventh and
eighth charged conspiracies hv Ihe method
or running a corner, ths seventh nlone
containing allegations of overt acts. The
question raised by the demurrers were
vneirier tho counts were sufficient which
contained no averments of overt acts,
whether the "corner counts" were sufficient
allegations of a violation of the Sherman
act, whether the power to croate a corner
WAS of Itself a violation, and whether th
fifth and sixth counts were Invalid for
Theoplnlon written hy .ludne Noyes says
in answer to the first question that It Is
conceited that nt common law the unlawful
agreement constituted the crime of con
spiracy and that It was unnecessary tn allege
or prove any art done In furtherance of It.
In the first and second sections of the Sher
man act Congress employed tho terms
conspiracy and "conspire" without words
of limitation In creating offences affecting
interstate) commerce, and did not provide,
as In the general conspiracy statute, that
overt acts should be necessary to complete
the offences. For that reason the court
concludes that the counts In question are
not Insufficient for the reason urged.
Concerning the so-called "corner counts"
the court says they may be divided Into three
parts. The charging part alleges a general
charging of conspiracy, with tho usual
formal averments, while the second de
scribes the trade and commerce to be re
strained and says that It is cotton, "an
article of necessity raised In the Southern
States, which moves in large volume in
Interstate and foreign commerce and Is
bought and sold upon the New York Cot
ton Exchange to such an extent as to prac
tically regulate prices elsewhere In the
country, so that future sales by speculators
upon such exchange of more than the
amount of cotton available at the time of
dellverr would create an abnormal demand
and resultant excessive prices in all cotton
markets." The third part contained "a de
scription of the method devised and adopted
by the coniplrators for restraining trade and
The court says that It Is manifest that
securing control of the supply of a com
modity with power to advance prices might
afford the person operating the corner little
or oo profit unless an artificial demand
could be created at the same time, nnd In
the case In question "this was effected hy
the purchasers of futures from 'short'
sellers." Corners aro Illegal, the court
says, and while a corner is Illegal because
it Is a combination which arbitrarily con
trols the price of a commodity. It cannot t-
termed a combination in restraint of compe
tition, since the bidding un of nrirea tnrl.
dent to a corner only increases competition,
since activity In trade follows Increised de
mand, ine court said:
A corner Is altogether wrong, both from a lee-.l
and economic standpoint, but It would seem to
he condemned by other principles of public policy
than those particularly relating to combinations
In restraint of competition. It Is clear upon the
foregoing principles that the combination de
scribed In thes counts Is negatively llleaal with.
out any prohibitory statute, and would be posl-
nri- uujowiui in any niaie navmg a statute
The court says, however, that It u
in violation of the Sherman act unless It
obstructs the current of Interstate com
merce, and It Is more than doubtful If a
combination to run a corner restrains com
petition at all. -The combination in ques
tlon, If It be In violation of the statute, la
so because It is an Involuntary restraint of
iraae, mat is, ir is a conspiracy entered
Into by persons not engaged In Interstate
commerce, which has the effect of prevent
ing other persons from freely engaging In
It," says the court.
Judge Noyes said he could not assent to
the (iovernment's contention that "nnv
combination which Interferes with the right
of the manufacturer to purchase a com
modity moving In Interstate commerce at
Prices determined by the competitive law
of normal market conditions directly re
strains interstate commerce and violates '
the Federal anti-trust statute." Thorn l .
no direct relation between prices and Inter
state commerce, the court says, and tho
volume of shipments does not necessarily
depend upon the-lonness of prices. The
continuation of normal market conditions
might or might not curtail interstate com
Concluding thnt the fioe rnment'a con.
tcntlon is -unsound, .Indue Noyes decides
that the so-called "corner counts' fall to
show any direct effect upon Interstate
commerce, and consequently fail to charge
violations or tne statute. As to the third
count, which charged a consnlracr to
monopoliro a part of the trade and com
merce between the States nnd which ts
described ns the "power" count, the court
says that the power of control amounting
to n monopoly must be held by persons
acting In concert, nnd unless It appears
from the indictment that the conspiracy In
question, If successfully carried out, would
have resulted in a monopoly no violation
of the Federal statute is charged.
The court then takes un the Question aa
to whether the. "power" count also charges
a violation or the statute. In which the
offence charged is conspiracy "to monopo
lize by the method In this count In this
indictment hereinafter set forth a part of
the trade and commerce among the several
States." The method alleged was that the
conspirators were to become engaged
In nn unlawful combination in the form
of an agreement tinder which they were
severally to purchase "so much that they
together would have enough cotton to
enable them to control the price of cotton
and severally to demand arbitrary, exces
sive and monopolistic prices for the same
upon the sale thereof by them respectively
to spinners and manufacturers other than
Tho court says It Is undoubtedly tm
under the law as It stands that trade and
commerce are monopolized within the
meaning of the Federal statute when as a
result of efforts to that end such power Is
obtained that a few persons acting together
can control the prices of a commodity mov.
Ing In interstate commerce. It Is not neces
sary that such power thus obtained be ex.
ercised, since Its existence Is sufficient.
Judge Noyes then adds:
A Just Indicated, however, the power of control
amounting to a monopoly muat be held by persona
acting In concert, No monopoly exists when
Individuals, each acting for himself, own large
quantities oi a commodity, i nner such condi
tions none of the evils of monopoly la present.
The Inherent and collateral power Incident to con
certed action la abaent. It la true that the Indi
viduals might unite and create a monopoly, but
they might not, and until they do there la no
monopoly, A conspiracy to monopoliro Is a con
spiracy to create a monopoly, and unless It ap
prnra from the Indictment that the conspiracy In
question If successfully carried out would have
resulted In a. monopoly no violation of the Fed
eral statute is charged. And here la whero the
allegations are lacking.
The court says that construing them
fairly It cannot be said that the defendants
were to havo anything more or other than
"Individual power to demand monopolists
prices," The opinion continue:
The Federal anti trust statute la a powerful
Instrument for the protection of the people from
combinations and monopolies, nut It Is a strin
gent statute which la carried far when It la used
aa the basis of a criminal prosecution of persons
tor conspiring to monopolize by obtaining cower
over prices without charging any IntenUon to
xtrclM such power br Bitot prices. Asa when
such a prosecution Is had, a court, at I view It,
Is not drawing refined distinctions nor Insisting
upon technicalities when It requires the Indict
ment to charge clratly and unmletakably that the
object of the conspiracy was to put such power
of monopoly Into the hands nf the defendants
acting collectively and not each for himself.
Doubt as to Ihe meaning of the Indlctmentln such
a case should be resolved against the (lovern
ment. The court overrules Ihe demtirret that
the fifth and sixth counts aro subloct to the
objection of duplicity because each charges
tho commission of two substantive of
fences, n combination In restraint, of trade
and conspiracy In restraint of trade. The
court ruies thnt the contentions aro not
well founded, nnd that each count charges
only a single offence against the defendants.
Demurrers are accordingly snstnlned only
against the third, fourth, seventh and eighth
counts In the Indictments.
Recollections nf Pleasant Pastimes In
Tn TUP tr,frriTi ii.Tm. Lit... t.'- .
-..,. .....w. innni'.. .tit. nniwiiN
the popular playhouses In New York In tho
n" i nave not seen mentioned tho Eighth
Avenue Otinra llnnan that, irm l-lohfh
avenue and Thirty-fourth street, it was
unoer tne management or Josh Hart, and
the orchestra leader was Dave Mraham.
Rl I I'll alar aa .Inhnnu TI.am.... 1 1 . . I
" ........ .... ....ij j u.MiiiK.,,,1. iiiiKliny
Dougherty, Frank Kerns and Wlnshlp and
"ni icu -rn win attractions, Ana wno aoes
not remember Butlers at 444 Hroadway,
when Mafflt and Bartholomew In their
pantomimes delighted the audience? They
afterward went tn ih rt, r-.r..-
Then there waa f.ent'ai?im.,
street opposite Irving place, where Knton
"'" anu ,iames itoninson, the bareback
riders, performed, r t,A uMM.i. .
Nlblo's. with Young America in his trapeze
ncu.. me piays were "Mazulm the Night
Owl"nnd"Th tvhle iri.t. y-j
v .,t.v njiu me iir-u
tlnome. fl.r.. For ntatH at u,a ih nr.-.
Theatre with his brother. C. K. For. The
pantomime was "Utile Boy Blue." They
afterward went to the Olympic.
1 remember when the Oreat Eastern
arrived and anchored off Thirteenth street.
North Hlver, nnd the bontmon charged
60 Cents to row nn .u.
------- " - .,,,4 win nii-fiiuer
and back. Does any one remmh .irr,-
Thomas's placa on Broadway near Twenty
second street anH him u.- ,
!i J?V brld8e WB" standing at Broadway
...... rii.,u eireet. jnerewasa photog
rapher next to the corner who would ring
a bell tn make nennla .(nr. n Ik. l.-.J j
. ? 'h?lr tl,llrM '"'"n- I went to school
wuncKennos s, Fourteenth street and
Sixth avenue. anH Mav .u-
sotithenst corner In a four story brick bulld-
mm tney occupied the lower floor.
Bob and Charlie Mini. i ...
rne French Theatre was then being built.
am noys woum get on the stage and
recite our pieces.
TheSanltsrv Fair v,.,., i .l
. " -- -nriiom mine iwrnif-
second Regiment Armory In Fourteenth
r-.irri, nun inn cn irtren'a nn i..
Cnlon Sotinre Tha 1.., 11,11.. . ..
..... ,,,,,,,, were nt tne
north end of the park. I remember seeing
Colonel Ellsworth's funeral passing up
rirtn avenue. I remember seeing the flag
on the Arsenal af , I. . ,
Thirty-fifth street lowered to half mast,
proclaiming tne death of Abraham Lincoln,
ills body lav In state nt tho flit- u.it ..
people went Into the park from the Park
,un i-mr, men tnrougn the lower part of
Ihe hall out to Broadway. Ills funeral was
Witnessed hv ImmonaA rrn,rl. TV,.
- ...... .4-., I (If IIJ-
vas draped In black. The Seventh Begl
ment acted ns bodyguard.
1 lived In Thlrtv.ffiiirih ,r.. .1...1 ..-
war and witnessed many a scene during
me urait riots, tne miming of the colored
ornhan slviim tha Mbin
(reelev s home. Captain Walling, after
ward superintendent of police, had charge
ot tho Twentieth precinct. Teter Hart was
a pollreman there. He was th mm who
took Mrs Anderson to Join her husband,
Maior Anderson In Pnn i:,, i
member the first steam fire engine In the
'Twentieth ward. It waa v.ii.,. v-
o and was housed In West Thirty-sixth
street nar seventh nventi. I remember
the docks of sheen thnt nrHrlin ,v..A..nt,
the rtreets, and all tr.tfTlc teased on the
avenue to let them pass.. The Knicker
bocker StAfi-M fttahlea nr . T. -......
stroet and Kighth avenue, where the Grand
Opera House stands. It was a four story
ii'iiiuuiK iwi wine nign aoors -opening on
Kixhth avenue. A statue of Father Knick
erbocker Stood ill a tlichM in the Iron
This statue Is now in the possession of the
Shepherd family. Does sny one remember
McMillan's skntinir rlnW nn Fifth ...........
nnd Forty-sixth street, and Ihe New York
Club's rink nt Fifty-ninth street nnd Firth
axenue? And tleektnnn's Pond had: of
the Arsenal In Central Park nt Ssventy
second street between Fourth an.i Fifth
avenue, ami tnu old neau tree In the centre,
which was 'hunk" for all our games on the
1 remember the departure of the Seventh
Resimcnt for the war In Isoi, nnd tho march
down llrondwm- was the- grandest ovation
to any body of troops ever seen in New York
New York cltv was a military camp: bar
racks In the City Hall Park, w hlch extended
down to Ann street, nnd the I'Mterv Psrk
was full of rrci uitlng booth", nnd a c'rill
The old custom of calling on New Year's
d:iy, which was unlversjlly observed, was
nn interesting feature ot city life. Nearly
every one kept open house to receive their
friends, wl.o came in carriages, and If the
snow wss on the ground sleighs were used.
I have reen whole stago loads and sielgh
fuls of people going their rounds. Those
who did not recelvo simply hung a small
basret on the door knob to receive cards
The F.lyslun fields at Hoboken was a ijre'at
resort for baseball and other outdoor sports
Charley Terry's hotel was the headquarters
of the ball playeis. The clubs that played
there were the Gothams. Fairies, Mutuala
and a number cf amateur teams. The club,
house of the New York Yacht Club was es
tablished there, and the races were started
from that point. The famous Sybil's Cove
was on the Shote road near Stevens Cnatle.
K. JArniAY Phillips.'
SIan.kwoop, N. J April is.
A Teacher of School Sixteen.
To the Editor or Tins Sex Sir: in
answer to "Old New Yorker's" inquiry as to
J. H. Zabriskle, afler a term as principal of
Publio School U, Thirteenth street and
Seventh avenue, he retired a few years ago
and died soon after at his home in Mount
Vernon. F, a. H
Nrw Yon, April II.
Polo Grounds Rowdjlsm, the Cans and thai
To tot EPtToa or Tni Sum sir: 1 was at
the Polo Grounds on Wednesday and witnessed
the conduct of tha crowd on that remarkable
occasion. The trouble Is that the management
desired to obtain aa many paid visitors aa possible.
The "house" waa packed at s.so p. j(. Moat of tia
were In our seats at 2 P. M. The crowd became
Impatient and ready to atart anything for fun
and amusement: hence the throwing of paper
balls. Ac, Sex waa no defence, especially where a
large hal was In evidence. Any one along the
aisles or In front who stood up got It from ever)'
quarter. I heard one "hoodlum" remark that he
ought to put a stone In the paper balls. The
treat majority who composed tha ao.ooo had
received free pasaea and they were out for a
frolic and "any old thing,"
' The next day only s.ono visited the grounds:
all paid, probably. What's tha remedy? Issue
fewer free passes: provide police proteotlon; begin
the game earlier. It waa very raw and cold at 5.J0
P. M, when the aun got below the hills.
A Setiktt Year Old "Fan" Who Cacobt
A IISAVT COLD.
New Yose, April IS.
Warning for Treat Fishermen.
To Tnr. Epitos or The So sir: I would
suggest that aeekrra of trout In the streams ot
Orange, Sullivan and Dutchess counties on Sun
days, especially fishermen from the city, be plen
tifully supplied with legal tcuder.
After a long, bard winter there are natives ot
these districts who will welcome with open pockets
the angler who believes the old Sunday blue law
prohibiting fishing la a dead Utter.
beooxxtv, April u. Ezrsuaircs.
Roiatt Tuler In the fialurilnu JJerfctf,
The rare visitors who know their way to
the medlmral and Renaissance rooms 'on
the ground floor of the I,otivre must have
noticed the change that has come ox-er .the
character of the sculpture shown In them
during the last, ten years. In tnon Italy
was well represented, and there were fine
monuments of the French nennlssance.
But French sculpture earlier than the closn ,
an the close
o bo Judged
n which cost
of tho fifteenth century was t
only hy a few fragments torn from
churches during the Devolution
the) museum no money. Since tnon upward
of forty examples of French sculpture
dating from the twelfth to the fifteenth
century have been bought, nnd It seems
that the collection will continue to be en
riched by as many Important early pieces
ns the keepers are able to afford. Thus the
f.ouvre will be the first great, museum to
give non-Italian medlmval art a fair chance.
Vlollet le Duo, who gained his love and
intimate knowledge of the Middle Ages
by overhauling churches from ono end of
France to the other, well know that In order
In persiiadehlscountrymon to give media- val
sculpture tho place it deserves he must
enable them to see It in sufficient quantity.
It Is n study much thornier than that of
painting, for its objects must bo soltghfr In
religious buildings scattered over Franco's
broad face: and Vlollet le Due's age had
lost the habit of looking at church porches.
The enthusiasm for (lothlo art that sprang
up among sculptors and painters about the
middle of tho last century waa largely dun
to their having been obliged to study the
forgotten monuments then under restora
tion, t'nfortunatcly It Is quite possible for
an artist to pass by some supreme master
piece every day of his life without so much
as looking at It. and the publio can hardly
re expected to snow greater discernment.
Vlollet le Due, determined to overcome
Indifference and undermine hostility, then
hit upon a magnificent Idea a museum of
plaster casta of statues, members of archi
tecture, tombs, and even whole porches,
with all their decoration, which should
Illustrate the French schools' growth. The
State accepted his project and nut It Into
execution, giving the two long wings of the
Trocadoro for this purpose. Truly, It is not
too much to say that Vlollet 's museum has
set the study of French sculpture within the
realm of possibility. It shows how this art
grew out of savage Incoherence Into full
consciousness In under fifty years. Until
late in the eleventh century there is nothing
but rude carving, by 1 un one roglon at least
had churches with sculptured decorstlon
full of spirit and variety, and In the course of
the twelfth century Aqultalne, Burgundy,
the banks of the Loire, tho He de France.
Provence and Normandy, every one owned
Its school strong enough to create) death
less monuments In which the problems of
church decorati6n xvent nearest to being
solved. This marvellous activity Is no
isolated chapter In the history of art, for It
brought out the grace, strength and re
stralnt which through many changes of face
have characterized French sculpture from
that day to this.
The study of medlmval sculpture must
take some account or architecture- the
two arts stand In close relation, as they did
In the (Ireek Archaic period. There is no
doubt that the cause of the sudden develop
ment of sculpture in the twelfth century
was the universal rebuilding of churches
that began late In the eleventh. I p to
this time art was on a lower lex-el in France,
where Carollngian traditions had been lost
in the turmoil of .Norman invasion nnd civil
wars, than In northern Italy, tierninny or
the struggling Christian kingdoms of Spain
And the Domnlne Royal, that was to hoast
the proudest of all the French schools,
remained much less advanced than the
southwest and Burgundy until ahout nwi
By the end of the eleventh century, however,
new life Is stirring In Auvergne. Poltou and
l.anguedoc, and French Romanesque steps
Into a foremost place In vlrtue of the sue.
tessful application, hero madf on a larce
s-aie tor tne nrst time In Europe, of solid
stone barrel vaults to the basilica Willi
this discovery northern churches take on
their peculiar character-piers nnd supports
upholding a stone vault of enor-nous weight
make an impression of upward striving
force such as Italian colonnades that hv
but a light wall and a timber roof to sustain
can never give. The problem of lighting
vaulted churches was handled cunningly in
the south nnd unsuccessfully In Burgundy.
nui. hi niiai sni'itiou was civen tn the Do
mains Hoyn! about 1120. when the tranai.
tion period was opened hy the Invention of
mo ogivnivauit The word "ogive." defined
In English diciionarlesof repute as a pointed
arch or window, and derived from some
unholy Arabic word, really comes from the
i.atin nugere, to Increase, through the
iorm arcus auglus. Ogives are diagonal
-uriiKiiiciiiriB arcne, wntcii the master
builders of the !le de France Imagined to
concentrate the thrust or a quadripartite
vault on Its four supports, and which, supple
mented by flying buttresses, made possible
mo giass wans or tne nothlc cathodrals.
ine ogivni vault, emphatically not tho
pointed arch, Is the characteristic of.Gothlc
in oroer to understand sculpture In
tiotnio ann transition times we had better
turn nrst to nurgunciy and the country
south of the Loire, where the all powerful
Benedictines were rebuilding their churches
and setting a fashion in carved decoration
that was eagerly followed in secular build
ings, xnurcnes line xezeiay, Notre Dame
la Orande at ToWers, and AngoulAme
Cathedral, which were finished by ahout
IM0 and may be studied in detail nt the
1 rocnucro, are gooa ernmples or this period.
The church Isbullt strongly of stone quarried
for It, no Roman columns are shortened
or lengthened to fit it. no second hanH
capitals, no fragments of sarcophagi adorn
11. mere is no marine veneer; the carved
decoration, cut In the stone of which the
church Is built, and painted in bright colors.
Is Intended to glvo expression to capitals,
mouldings, cornices and lintels. In Bur
gundy perhaps more than In the south
west sculpture Is crowded Into the door
ways, and tha compositions that fill the
tympana ara overcharged and confused.
Thera Is much to shock the unaccustomed
eye, for the proportions of the human body
are monstrously violated, the size and shape
of angels, apostles, evangelists' beasts be
ing wholly determined by the space allotted
to them. However, sculpture comes out
into higher relief than In the schools more
subject to Byzantine Influence, so much so
that many figures give the Impression of
being in the round. Much is made of the
decorative possibilities of drapery, and
there Is great wealth of decorative motives.
Besides not a little good Roman work, these
sculptors had an endless source of Inspira
tion In the enamels, Ivories, stuffs, carved
rock crystals that came In plenty from the
Levant. Syrian merchants had been es
tablished In France for centuries, and many
Frenchmen visited the East. The domed
churches of Perlgord imitated Christian
monuments In Cyprus, and not, as has been
supposed, St. Mark's of Venice. In like man
ner French decoration partly owes Its vi.
vacity to tne ract tnai 11 went straight to
Moslem ann even pre-.xiosiem As at p art
instead of receiving motives, as the Italians
dm, alter generations 01 iiypantlues had
sucuea tne sap out 01 mem.
The century wore on, and In the face of
St. Bernard'a attacks Benedlctlnesand secu
lar clergy reaouDien tneir zeal for sculpture.
The porchea of Molssao, 8oulllao and Caren.
nao show how keenly artists were studying
the movements chsracteristlo of men and
beasta. At Soulllao the Prophet Isaiah
strides along, the braided tresses of his
beard waving In the wind, and at Molssao
the sculptor wrought a life sized naked
woman, not Eve. with cruel realism. Char
lieu and St. Pierre d'Aulnay show a
nicer appropriation of ornament to con
stmction, and all these monuments are rich
In endless variation on every decorative
motive known to classical antiquity or to
the Fst. Compositions are more eco
nomical of means; there It a constant ten.
dency to make the lines of the larger figures
accentuate the supports: surface are
cleaner, edges sharper. Provencs Imitates
the order of the MaUod Carreo at NIme
In the facades of St Trophlmandt fillies
and the sculpture of the enrcophaut in th.
figures that adorn them The .rhooi of
Toulouse has left us the capitals n Mni,"
and above all the scries from Hi old Dm aria
In Toulouse Itself, now in-nrxerl it, ,k
Muaee des Aimustlii.. For rhvthmtrii
design, for grace and technical perfection
these capitals nre unsurpiiKced ,t
free here as it has ever been, nr.d tn look
for symbolism Is a wnsto of lime blindtnr,
the eye to real qtialllle. There w
1 bollsni In early French scnlptuie hei-on-i
1 allegories of the simplest n prophet i"aPr
. Ing nn evangelist on hU back luiitfle, .1.,,
I the New Tetament Ls upheld by the o'
1 nr-o anisic were preoccupied with h,,,.,
beauty first and above all things
What might have happened In (he toutn
during the thirteenth century no one l-now "
Simon de Montfort's ertisndo put i Mnn
to sculpture for long generations nn'l
made architecture conform with the Held
austerity of Cistercian Fnntfrolde nr Ho
mlnlcan St. Maxlmlm, Tho rdgn of th.
Counts of Toulouse and of the genial H.n,
dlctlnes was ovor. To see the next stat
In the pageant of French sculpture we mi,,
travel northward across the lxire and into
the Domalne Royal.
BRITISH COOns tXFKHlnn.
Alloer Traveller Finds American Mnn,
facttires Cheaper and nettcr.
To TttR Editor op Tnr. Son -Sir Two
years ago, tinahle to purchase a new outSt
in New York, on account of lack of time
after a Journey through Africa, I had to get
my equipment in London, 1 was amazed
at the general condition of British goods,
which some twenty years ago were lover
priced and of better quality than the eorre.
spending American articles. I found this
time thnt the English goods were higher
pi Iced and In many cases much Inferior to
For Instance, underwear Is almost in
every case Inferior In workmanship and fit
to what Is produced In America One of
the largest London firms informed m that
the F.nglish mills positively rctused to pro.
duco for the - firm's clients combination
suits made after American samples, and
that nn article was turned out ahsotter
untlt for wear. After many disappoint',
ments with the mills at home thla llrm now
Imports combination suits from America,
excellent In even way and lower in prlca
than the Inferior English rabrlc,
I asked the firm's manager whv America
could undersell England in a line in which
she once commanded the world's markst,
and he replied.
Our mills are not progressive and assume that
they have nothing to learn, while the Amerlesi
Is always anxious to learn and does his utmost
as a matter of pride to Improve his goods M 11
turn out the ver best product that can be mtd
lor the money. Ills aim la to reduce the coit
price while Improving the goods.
In London I purchased hunting boots for
three and a half guineas a pair, about !l.
The boots did not fit and provedof low class
yet they were bought at one of the let
houses which make a specialty of this
article. In America I huy a far superior
pair of boots in every way for 112; and these
American boots dlo of old age. whll the
British boots expire Inglorlously before
the time of n good boot.
I found In America that when one ,-isks In
a first ilass house for an article which Is not
on the market they nre nt once ready to
produce It even et n loss, their object beln
to secure a new nnd satisfied customer. In
London they will tll you "We don't keen
such things and don't eir tn make them
No wonder that Herman Industry has In
many rises driven out British goods, not
because they were better but because thr
are .lust 11 little cheaper and advertised
hy hordes of Cernvin drummers, whom you
meet on every etoimer. no matter where.
An English "commercial you find almot
nowhere but In (lro.it Britain.
Mv nvnnrteni t ns traveller In manv conn.
tries lpxds me to the conviction thnt the
day when the American manufacturer be
gins in exrnt to look for a foreign mirket
nnd will do the right thing to make his goods
known he will drive both British and Or
man goods out of the market in no time.
I am Hfrald, so far ns slow Europe is con
cerned, thet once the grnitest or all st.il"
manlike Ideas ever conceived In the world's
history, "peaceful penetration," has taken
root, the iroarefv and practical Amer
ican nation will gain such a glorious victory
on the peiceml battlefield or Industty ai
the world has never seen.
London. April 7.
Their Rolls Subjected to F.xamlnatton hr
To thf. Editor or Tne 8us Sir: Most
of the antt-suffrage associations represent
very little real Interest on the part of women.
The Massachusetts Association Opposed
to the Further Extension of Suffrage to
Women claims a membership of 15,317 In
the words of Mrs. Julia Ward Howe: "This
gives a greatly exaggerated idea of 111
strength, unless accompanied by an ex
planation as to what membership means.
In most societies those who join pay a mem
bership fee and renew their membership
rrom year to year. The so-called member!
or tho anti-suffrage association pay no fee:
thoy merely sign an anti-suffrage document,
and those who signed many years ago are
still counted as members to-day." when
they say that they have 15,317 members
they merely mean thai In sixteen rears
they have collected l.x.317 signatures.
This Is nn average of not quite a thousand
a yeaY. Hut tho official organ of the asso
ciation for July, 1810, says that "on May 1,
1010, tho net membership was 15,317." while
the Issue for April, lOU. gives the net mem
bershlp ns 15,317, exactly the same. The
association has made no increase at all In
membership during the last eleven months.
Apparently not one of Its 15,317 paper "mem
bers" took enough Interest In the cause ta
get the signature of a single friend or ac
quaintance. Alice Stone Blacewzli,.
Dorchester, Mass., April 15.
Facta Abont Celebrated Canals.
TOTninDtToaorTnBSCTc .Ste: Our Panama
Canal will rise from sea level, by means of thrss
locks, to an elevation of eighty-five feet, will b
about fifty miles In length from the deep water
nf the Atlantic ta the deep water of the Paella,
and will have a minimum width of 300 feet and 1
minimum depth of forty-one feet. On the Atlat
tic side the canal will begin at I.lmon May, and Its
course to the Paclflo side will run as follows:
Oatun locks. Oatun Lake, San Pablo, Juas
Orande. Obispo, Pedro Miguel lock, MJraflorrs
Lake. Mlraflorra locks, and thence to the Gulf
ot Panama and tha Paclflo Ocean. According
to a statement ot the United States Treasury
on December U. 1610. the total sum paid for
purchase and conatructton of the canal up M
that date waa about K1J.000.000.
It la Interesting to exhibit statistics of other
canals, here and abroad. Our famous Erie Canal
waa opened In teh. has a length ot MS miles.
a width of seventy feet and a depth 01 seven reei.
and coat ahout sjvo.0O0.nro. The Illinois and Wlcb-
Igan Canal was opened In ISIS: It ts nlnetr-slx
miles long and cost about sO.OOO.ooo. The Ctesa
peake and Ohio Canal la 133 miles In length nd
cost about in.oru.00n. The Wabash and Erie Is
about S74 miles In length.
The Suez Canal was onened In 1X&9. and Is ninety-
nine miles long. CO feet wide at Its surfsee aid
thirty-one feet deep. Its cost was about .
030.000. Tho Manchester Canal, HIM. is snoui
thirty-six mltesln length. OOOfeet wide and teni'
six feet deep. Its cost waa shout i7Sown Tne
North Sea and Daltlc is sixty-one miles long sol
Sin feet wide and cost M9.ooo.ono. And lastly
there Is the ancient Languedoc Canal, tMt.wMct
Is lt miles In length and has cost l.x 0x1 mi.
t cnaaixs NEvrns nouns.
Bsookmne, Ussa., April 15.
To Tnr, Kpitor orTnf StN-5lr When 1
a young man In my teens 1 said and did thin'
that 1 am ashamed ot and astounded at to lv
but when I am asked If I ever was gulltv of iteae
peccadilloes I reply, with a straight face, that 1
waa not: as chemists tell us that the body chins e.
i,if avcrv seven veara. ao 1 Dbisicall)'
must have changed over seven times durlnf the
laat fifty years, and I am not the same person !
waa filty years ago. 1
New Yoke. April 13,
The wall of the Mover.
JTrorn lh C(eteliiad Plain Z5a
The rumbling vans go aiowiy py
From aooty morn to amoky eve:
With household goods piled extra high
Sad tenants take their mournful leave.
The atrreta are filled with caravans
All up aud down the town they range,
Ob, beds and stoves and rugs and pans,
This life's a life ot constant change.
'Tls better to have let and loft
Than never to have lot at all:
For men will actus when they choose.
Nor choose to settle when you call
The creaking vans go rumbling by
To ssek treab fields and pastures stranjo.
And landlords slab and tenants cry:
"This Ilia's a lite ot constant changed