Newspaper Page Text
THE WEATHER FORECAST. '
;ht rain to-day and colder to-night; gen
ii, erallv fair and colder to-morrow.
ctallcd weather reports will be found on page 15.
VOL. LXXIX. NO. ITS.
NEW YORK, TUESDAY, FEBRUARY 20, 1912. Copurlnhl, 1012, by the Sun Printing and Publithing Attociation.
PRICE TWO CENTS.
GiVES OVER $1,
TO THE MUfEUM OF.ABT
Irnncis 1. Lclnnrt Springs n Snr
pii?c After Annnnl. Meeting of
OIFT IS UNCONDITIONAL
J.Ikrlv That Only lhi- Income. Will Bo
I sort - Robert W. tic Forest ns to
Mnrcnn Colieetons Here..
Rebel A do Fi rest, second vice-president
of ,io Motropitlliaii Museum of Art.
snnountwl lust night that Francis L.
Lel&nd, president of the Now York County
.Vational Hank , hag made in unconditional
pft to the museum of 1.200 shares of
the ftick of that bank, valued at morn
The gift r.M annouiiiHl by Mr. Lelaud
to Mr de Forest and J. Pinvont Morgan,
Jr . who at the conclusion o' the annual
meeting of the museum held yesterday
tfteaooa were invited to call upon Mr.
Leiand ft his residence. 137 Riverside
Drive, in regard to a gift to the museum.
When th gift was announced by Mr.
Llnd Mr de Forest suggested it be
Made in the form of a letter and the fol
lowing was handed to Mr. do Forest:
February IP, 1013.
k' Fwprnt Moraan, Kfq., President Metro
rrhtan Mutrtim 0 Art.
Dtir. Sir 1 herewith make a Rift out
t:cht of one thousand two hundred ll.ioo)
fhe of the Now Vork County National
Bnk Mock to the Metropolitan Museum of
rt, without condition. Very truly ours,
Frusns I, I.khmi.
The Quotation of New York County
Vstional Hank stock yestorduy was Mo
bid and 000 asked.
Mr do Forest in speaking of the gift
!t night said:
WML' tho gift la absolutely uncondi
tional, the trustees of tho museum, in my
judgment will hold it as a principal fund,
th income of xrlUch will be used chiefly,
not entirely, for the purchase of art."
The annual income of Mr Inland's
tfft o the museum, it was estimated, will
be about Hs.OOO.
The announcement of the gift came as
i currno to Rvery one connected with
'he miK-ouir, for Mr. Leiand, although
t" hi eer an annual member of tho
n'JSfum .saying $10 a year, had never
rn in any way prominent in its affairs
c intimate wfth those at the head of it.
Mr. Lolar.d Is about 73 years old and a
veteran f the civil war. He was one of
the tixty-lour members of tho tenth com
pany of 'ho Seventh Kegiment who served
" volunteers or in the regular army
,(r Leiand came out of the war Lieutenant-Colonel
and is known to hie friends
i'C? Leiand." Beeldes being president
ef the New York County National Bank,
fc is n director of the Manhattan Screw
and Stamping Works, of Park A- Tilford
tnd of the United States Life Insurance
Cemplny, and vice-president and a direc
rr of the West Side Bank.
Mr. Leiand spends much of his time at
hit viUa. the Villa Tivoli, in Florence,
tu'y He married an Italian lnV. Miss
Adelaido Monte. His wife is now abroad.
Heisr. member of the Xew York Yacht
lub and tho Loyal Legion.
The gift made by him yesterday is on
of the four largest received by tho museum
and tho largest ever received in the life
time of the donor.
In the current number of the Rullttin
of the Metropolitan Museum of Art, out
to-day, Mr do Forest makes a statement
m regard to J. Pierpont Morgan's art
treasures and the museum, Mr. de Forest
"Th widespread publicity that has been
Civn by the press to Mr. Morgan's trans
fer of his collections from the Victoria
wd Albert Museum In London to New
York and the inferences drawn of his in
tentions toward our Metropolitan Museum
tall for borne statement from his fellow
trustees in his absence, to distinguish
f.vt from fiction und to prevent public
What we know is that for several years
pa" Mr Morgan his intended to assemble
m his natlvo country his works of art
'ht have been lent to European museums
f.nd tht hn hap arranged to carry out
ihis intention now as respects those in
1 Victoria nnd Albert and other Euro
f'fkD museums by bringing them to New
Arrangements have been mado by tho
Metropolitan Museum to receive on stor
fR" all that he sends and to display at
I-! temporarily such of them as he may
t' willing to place on exhibition.
"They will be shown in several galleries
cf the new wing now approaching com
pletion, which wero originally intended
for other purposes. Of Mr. Morgan's
further intentions wo have no knowledge.
Whether he intends to bring over moro
i'T less wo do not know. Possibly ho may
rot Jihvo mado up his mind himself.
His recent gifts to tho museum have been
numerous and generous in the extreme,
His loan have been even more important.
'Ih eighteenth century part of the Ho
entwhel collection was given; the Gothio
Ptrt h lent, his unrivalled collection of
f'hine-e porcelains is a loun.
"What we do know is that even if tho
Cilleries which can now bo used to show
mm of his treasures can bo permanently
fl'votto; to tho purpose, the space is
ti"r!y inadequate to exhibit all of them,
and notlmu short of another extension
the museum will suffice to do so. It
would h a pleasant dream if Mr. Morgan
mld gie his fellow citizens of New
ork the opportunity to seo and enjoy
th notcblo objects of art which his taste
sr.d w e.iith have enabled him to assemble, "
'vfti&ng recent loan from Mr. Morgan
nr.nniitjrvri yesterday at the museum are
t'W"irig which have just been placed
w ieW horo Those include "The Virgin
Vinr.rg Ui Child with the Saints," by
Ije'rr, Vannucrio, culled Perugino, from
htiRli-h collection, and formerly owned
'v Mir (icorgo Hlttwell; a portrait of tho
"in tiv Mficrino d'Alba, Italian school,
"Adoretion of the Magi," by Bar
ra" Mvaritil, Venetian school, 1431,
ifwn ths Abdy collection, London, and a
Madonna and Child." by Fra Angollco.
w(lnch was purchased by Mr. Morgan
f jout three years ago, and which was
lormerly in the collection of the King of
Mr, Morgan haa also lent the museum
ft collection of 963 objects In gold, silver,
bronzo and glass, fifth to tho eighth cen
tury, and two Greek marblo lions of
about 300 R, O.
The museum ha just acquired from
tho collection formed by tho lato Francis
Lathrop of this city Ifln Japanese color
prints, comprising characteristic work
by all the moro eminent designers save
four. Fifty of theso Japanese prints are
exhibited temporarily in gallery 24.
At tho forty-second annual meeting of
tho members of tho corporation of the
museum, which took placn yesterday in
th" board room, Joseph If. CI10.1I0 pro
sided In tho nbenco or Mr. Morgan. Tho
meeting wus largely attended nnd among
tho trustees present wero llobort V. de
Forest. George Blutnenthal, Daniel l'.
French, William V. Osborn. J, Pierpont
Morgan. Jr.. William I,. Andrews. Whlto
law Reid. Kdwin D. Adams. F.llhu Boot.
George A. He.irn and John W. Alexander.
Mr. Morgan wns reelected president.
Joseph H. Choate first vice-president and
Robert W, do Forest second vice-president
and secretary of tho institution.
Theso trustees wero reelected to succeed
themselves: Joseph II. Choate, Ooorge
Blumenthal and Howard Mansfield.
The trustees reported the year 101 1 a
notable one in the purchase, of Important
objects of art. for which $532,031.11 was
expanded, tho largest sum ever appro
priated In a singlo year for purchases.
The expenditure for administration nnd
maintenance during the year amounted
to J33s.864.lt. The city contributed 200,.
000 and 17,411 was received from admis
sions on pay days. The year closed with
a deficit, which has since lnen made up
by special contributions of trustee..
The total numlwr of accessions in the
year was 2.524 objects, of which 1,131 were
by gift or bequest and 1.393 by purchaso.
Of these fifty-three wero pointings nnd
Ailgusto Itodin, tho French sculptor,
has been made an hotifitiWdifellow of the
museum and the name of Joseph Pulltzor
has been added to the list of lenofactorn.
The attendance at the museum for the
year was Tic.sni, a decreaso from the
totals of several years, Them has been
a gain of tlfly-on member, the tnUl
now being 3,151.
STEAMSHIP COMPANY LOSES.
North Herman Llnjd Must Stand Trial
on Immigration Chsrue.
Wabiiinoto.v. Feb 10- Under n de
cision of the Supreme Court to-day the
North German Lloyd Steamship Com
pany must stand trial in the United States
Circuit Court for the Southern District
of New York on an indictment charging
a violation of section in of the immigra
The court in an opinion ro.id by Justice
Lamar reversed the judgment of the
United States Circuit Court by which
that court quashed an indictment against
The sect Ion of the immigration law under
which the indictment was returned re
quires a steamship company that brings
into any port of th United States immi
grants of th" excluded cIajs to pay the
expenses of such immigrants during
their detention in this country and to
return them to the country from which
they were brought A penalty is pro
vided for failure to return such immi
grants within a given period
It appears that the North German
Lloyd adopted tho plan of selling tickets
in Berlin for the round trip to the I'nitcd
States Tho money for the return pas
sage was held by the company In New
York to be repaid to the immigrant should
deportation not bo ordered
When tho North German Lloyd was
indicted it argued that the contract for
transporting the immigrants was mndo
in Germany nnd that the immigration
laws of the United States could not reach
it because, they had no extraterritorial
effect Tills view whb sustained by tho
lower court, but the Supreme Court
orders that tho trial proceed under the
ROW OVER PRICE COLLIERS.
Berlin Amatrd at Court Honors In Man
Who Slammed Germany In a H00U,
Spetlal Cahli nrspateh to TUB HVtt
Buni.l.v, Feb. in. According to the
Taaeblatt the court janitor must have
been responsible for tho invitation to
the recent schieppencour and court bal
of Prlco Collier, tho American author and
magazine editor, nnd his wife and daugh
ter. Mr Collier is widely known in Eu
rope as a wealthy American man of let
ters. 'Hie objoctlon to tho Colliors seems to
be based on an opinion expressed by Mr.
Collier in his writings that "If' a war
should occur in which Germany would
be whipped by Great Britain, F.ugland
would bo greatly benotlted and tha t
from his standpoint the hooner tho war
caino tho better." Mr. Collier Is quoted
also us saying thai tho Germans havo
taken tho placo of tho English as the boon
of Kurope, and this statement tho Tagc
blatt finds most objectionable. Mr. Col
lier Is quoted by tho TayblaU as saying,
In writing of the Germans, that in no
capital of the Continent are the Germans
found othorwiso than objectlonablo and
thnt no tears would bo shed if thoy should
The Taatblntt contrasts tho reception
of the author of theso sentiments with
tho refusal of the Kaiser to receive tho
President of tho llelchtug.
Mr. Collier when seen by TiiK Spn cor
respondent to-night said that ho regretted
very much that a few lines in his book
had been construed to paint hlin os 'an
enemy of Germany. Tho oxcorpts, hb
said, gave no adequate Idea of tho actual
contents of tho book as u whole. Ho wus
a student of two German universities
and had taken a lifelong intercut in tho
literature and history of Germany, he
K I K ti t Weddings In an Hour In One
Pittsburg, Feb. IB. Business in tho
wholesnlo produce yards was suspended
between H nnd 0 o'clock this morning
while tho produce men attended eight
woddings at St. Stanislas Polish Catholic
Churcti near by. $v
The eight couples arrived all about
the same time in taxicahs, carriages
and street cars, The produce men gath
ered in forco and when tho procession
of wedded oneo emerged from tho church
they cheered lustily
DEWET'S CI.AKKT OR HAUTKItNK PUM'll
For til SocUl Function.
H. T. DEWEY A SONS CO., 1M Fulton Street, N. Y,
i MUCH PHONE TALK
BEFORE DURBAR FETE
Ambassador Bryco Wanted to
Know if It Would Burlesque
tho Ilenl Thing.
WAS SATISFIED BY WIRE
Aslnr Ballroom Wns 11 Sreiip of Oriental
Splendor Due Trarty
A message from James Bryce, the Brit
ish Ambassador, sent to tho heads of the
durbar fete which was held at the Hotel
Astor last night for the bencllt of the
New York Association for the Blind, In
which tho British Ambassador wanted
to know if the performance amounted
to a Imrlesl'itm on the real durbar and if
It. did would they kindly withdraw his
name and the nntno of Mrp. )ryc from
the list of patrons nnd patronesses, caused
President John Fin toy of the City College
nnd Miss Wlnifted Holt, who ran the
affair, to spend a lot of time at the tele,
phone yesterday afternoon
The message wns transmitted in the
form of u note Irom Courlenay Wnlter
Bennett, the Consul-Genernl here, who
sent it to President Finley, head of tho
association A soon a h read it Mr.
Finley got to the telephone to tell Miss
Winifred Holt, secretnry ot the associa
tion, about It. Mls Holt has Iw.-en toll
ing for snmn time to make last night's
uffnlr a money ralier for a new "light
house" for the blind nnd she wasn't go
ing to have the Ambassador suiter tinder
the impression thnt the durbar could In
any way give offence to the inot loyal
She called up Amhassidor Bryce on tho
long distance telephone whll Dr Finley
was talking over Ihe telephone to Mr
Bennett at (lie Hotel Majestic, and ex
plained to the AtiibasM.idrnt Washington
just what sort of an alTair the durbar
wns to Ik. She (old him that it was just
fun and that the King and Queen wore
not to l lepifsntcd. .mil after this had
gone over the ulie to Washington Mr.
Bryce said he understood exactly and
that Miss Holt must forget that he hadever
written that not" nnd keep his name
and that of his wife on her lists by all
means. It was simply to llnd out what
tho durbar was really to Im that he had
written, said the British AmbasAidor,
Dr. Finley wns hearing the same thing
fiom Mr. Bennett, so all wnscalm when the
durbar was ready to begin last night.
Miss Holt said at her home later'
"It's so absurd, the idea that our durbar
fete could offend any one, least of all my
dear friend Mr. Bryce. that I can hardly
1 folk about it No doubt it was started
1 hy some unfriendly person perhaps
some one who wa not invited to be a pa
tron or a patroness The King and Queen
1 are not represented in our costume party.
It was suggested some time ago that they
ought to he. but we refused to accept the
"It isn't a durbar we re giving; it's just
a simple bit of nonsense as a part of what
Is really our annual ball for the hlind
Mr and Mrs Bryce were put on our list
because they have been immensely in
terested in our work I know they could
not attend, for the Ambassador reminded
me that he couldn't because the F.nglish
court is in mourning for the Duke of Fife.
They had to decline for the same reason
-to join a party that is dining at my homo
this evening before going to the Astor."
To prove that the spectacle at the Astor
was just an unpretentious bit of fun Miss
Holt read to the reporters this bit of
rhyme, printed on the cover of last night's
No ilurtyir her hair wr.
A tetr from nvr r?r
Soldier' hive they, so wr
flrrat people, n ni f wr.
Mu1e lo clnililrn our hearts,
Stars to prrsrnt their art,
Ami whn thl all o'rr
t.Mddrn you hrarts oner rnorr
Tor In trrvllnir a niraute.
Absorbed In our pleasure
. We help the lillnl to sec
"Oh, dear nol I didn't write it," pro
tested Miss Holt. "Think of me sitting
hero reading poetry to newspaper men!"
It had been advertised that a "300 ton
elephant" would bo followed by 3fto men
and women in Knstern costume in last
night's "procession from tho gates of
Delhi," but MIsh Holt said that the pro.
cession would havo to lead itself, as she
had been informed that "the dear ele
phant couldn't come."
Tho announced honorary patrons mid
patronesses, besides Mr. and Mrs. Bryce,
wero President and Mrs Taft, the French
Ambast-ador imtf Mine. Jusserand, tho
German Ambassador and Countess Bern
storff, tho Secretary of tho Treasury and
Mrs. MaoVeagh, Justice and Mrs, Hughe.-,
Governor and Mrs, Dix and the Mayor and
A despatch from Washington last night
said that Ambassador I'ryco, declined to
comment on the report that he hud with
drawn his namo as a patron of the Durbar
f6te. President Tuft, so fnr as the hlto
House record shows, nover consented to
act as one of tho patrons, Ambassador
hiBserand of France wns one of the pa
trons. He did not intend, but was repre
sented by the wife of his naval attache'.
When the Ator Durbar was finally
roviewed it had been expurgated. 1 10m
it had been taken bodily a subway skit
which was the only feature that could
have been construed as n travesty on the
tho Durbar of India. Its characters were
to have l-een Father Knickerbocker, Miss
Manhattan, the Xui'nm of T'lmmany, the
Oaekwnr of City Hall, accompanied by
Little Don Spot, nnd the .lain of Inter
borough, an old man sllllened by very
much straphanging In the skit as It
hn iKen iclienrsed fun was to be poked
at President Shout-, of the Interboiough,
President illlanif. of tho It. it. T . Mayor
Guvnor and others, not forgetting tho
Public Service tornmlssiou All this was
cut out '
With the nrtUtlv superintendence of
Richard 11. Hunt and his brother, Joseph
H. Hunt, tho grand ballroom of the Astor
wns resplendent with rich Oriental stuffs
which wero hung along the balconies,
and tho Gates of Delhi were faithfully
Conffnurd oit Secotut Pngr.
Uprnd Wathlniitnn'i lllrthdar at
VIHUIMA HOT Ml'MIMtiri.
Tr.Mn leaves i'eno. li. It. UtalluD 5:01 1.
HEIKE MAY GET NEW TRIAL
(erlirarlil Must Serc Ills Sentenre
Decision in Suitur I'raud Cases.
Wahiiinoto.v, Feb. 10. Tho United
States Supreme Court to-day granted ihe
application for a writ of certiorari made
by Charles R. Helke, former secretary
of tho American Sugnr Refining Company,
convicted in tho United Htutes court for
the southern district of New York In con
nection with tho sugar frauds. Tho ap
plication of Frncst W. Gerbracht wns
thurlc R Helke. the secretary and
trtantUT of the American Sugar Re
fining Company, win tho only executive
oflicer of that corporation who wes con
victed of complicity In the sugar under
weighing f 1 mills nl the docks or the
Havcmeyers A l.ldrr refinery in Williams
burg, I nvolviiji; more than $2,000,000.
After nearly four weeks on trial He'ike
was convicted on June 10, 1910, nnd on
September ID following wjw sentenced
by Judge Martin of the Federal District
Court to serve eight months on Black
well's Island and to pay a fine of $5,000.
Heika resigned his office and took an ap
peal, The Circuit Court of Appeila
sustained the lower court, whereupon
th" Supreme Court of the United State
was applied to for a writ of certiorari for
11 review of tho Court of Appeals ruling.
llclke's main reliance on appeal has
been the contention that he earned Im
munity by producing documentary evi
dence before tho Grand Jury ns well a
giving testimony. Since he was sentenced
Helke has been at largo on SIS.OQO bail.
F.rnest W. Gerbracht, former super
intendent of the Havemcycrs A F.lder
refinery, was tried and convicted with
Hoike. He wns sentenced to two years
at Atlanta and a line of fA.nw), Gerbracht
must now serve this sentence,
ROOSEVELT TO ACCEPT.
Will Soon neply In the Call Addressed
to Him hy I'licht (internors.
Washinoton. Feb. 10. -Definite in
formation from Now York wns obtained
here to-day that Col. Roosevelt will
within ten days make reply to the call
addressed to him by the eight Governors
and th'it he will from that tlm bo In the
race n gainst President Taft without
reservation The progressives hive been
nervous since the collapse of the La
Follette boom. Practically all of them
have nerved notice on Senator La Fol
lette that they have decided to turn to
Roosevelt. As time has pasted and no
announcement came fiom Oyster Bay
the progressives have become restless.
If Roosevelt should decide not to be a
candidate it would leave them In a most
unhappy position, but their fears were
dispelled to-day by positive assurance
that they could expect the announcement
probably as early as next Monday, cer
tainly within ten days, and that after that
the country will havo no reason to doubt
that Col. Roosevelt la a candl dato or.
as he will say, wjlUne,to .accept... , ,
Col Roosevelt's repiy to the Govern
ors is not expected to bo a long docu
ment In fact it is understood it will
be very brief and simply repeat tho sub
stance of what he has said to many call
ers and has written to many friends
throughout the country, that while he
declines to he an active candidate and
will make no personal effort to secure
the nomination ho will accept if his party
sees lit to nominate him.
LITTLE LAWRENCE GIRL LOST.
One of Mill Strikers Children Wan
tiered for Hours In The Bronx.
Carmella Russo. 11 years old. one of
the group of strikers' children who
were hroimht here from Lawrence,
Mnss., on February 10, was found nt S
o'clock last night crying In front of a
baker. nt I3S7 Th'iri avenue. The sirl
told the police she was brought here
with two brothem Anthony, 9, and
Joseph, 10, and had been staying with
a family in Kast 183d street. The only
name she could remember was Tony.
Carmella was sobbong and to women
who gathered around her said she was
lost and hungry. They gave her all tho
cakes she could cat and then notlllcd
the Tremont police station. Tho child
was well clothed nnd wore earrings and
a ring, which she said she sot from the
family in lS3d street. Tho police took
he rlo the Chlldren H society rooms for
DEPUTY SHERIFF GOES TO JAIL
Hliorey Gets Three Months for Carrying
Pistol In Boston.
Botox, Feb. 1U. Deputy Sheriff John
Shorey from Conway, f. H was sent
enced to three months In tho House of
Correclion by Judge Sinderson of tho
Superior Criminal Court to-day for car
rying a revolver in Boston contrary to
Shorey came to Boston on January 20.
On tho way down on tho train ho insisted
that Charles Goldborg, a nowsboy, tako
a drink with him, so the Government
alleged, and when tho boy refused Shorey
rippod his coat This complaint was
placed on (lie.
Arriving in Boston, Shorey thought the
courtesy among officers of the law en
titled him to carrv n nlstol. He told tho
I Judge In tho Municipal court so after
I he had pleaded guilty to the complaint.
110 was sentenced to three month in
tho lowor court and appealed.
Last summer Shorey gol into similar
trouble hero. He said a man attempted
to rob him and that shots he (Shorey) fired
were for the purposo of scaring the rob
ber. He paid a fine for this offense.
PHOTOGRAPH IN BOMB CASE.
Miller Has Evidence That Ironworkers
Indianapolis, Fob. 10. United States
District Attorney Miller has a photocranh
I of 11 resolution regarding dynamiting
I adopted at the international' convention
of tho ironworkers union at Roohostor,
i N Y., In 1010, which shows that thedyua
, 111 it in K programmo was excepted aa a
fact oy tno doierjaioH. ino resolution
Himliat, That no more bombs or explo.
slves of uny kind he exploded while this
convention Is in ijenslon.
Tho sessions of the iron workers' con
ventions are secret, but. tho proceedings
are printed. Whon Mr. Miller's atten
tion wns called to the resolution he said
It was a matter he was not bt liberty to
THE INITIATIVE AND
U. S. Supreme Court Refuses to
Dcrlnrc Them Unconstitutional.
APPEAL FROM OREGON CASE
Court Derides tho Question to Br rolltl
rnl and Not Cognizable hy the
Washi.voio.v. Feb. 19. The Supremo
Court of tho United State to-day declined
to declaro Invalid laws of a sovereign
State passed through tho Initiative and
Tho case arose In Oregon, where the
popular theories of government have
gone further perhaps than In any other
State in the Union. Tho State passed a
law taxing the gross Income of certain
corporations, Tho law was passed as a
result of the initiative and referendum
The Pacific States Telephone and Tele
graph Company, a. corporation doing
business in Oregon, was assessed. It
refused to pay the taxes and was sued
in the courts. The defence by the cor
poration was that legislation passed as a
result of tho Initiative and referendum
Judgment was awarded against the
corporation In the local court of tho State
of Oregon and tho judgment was after
ward affirmed by the Supreme Court of
Tho case came to the Supremo Court of
tho United States on a writ of error from
the Supremo Court of Oregon. The
arguments that were' submitted very
early in tho present term railed out many
questions from tho Chief Justice nnd
other members of tho court nnd resulted
In colloquies that olearly foreshadowed
the court's decision
Tho contention of tho attorneys for tho
corporation was that legislation by the
Initiative and referendum was not a re
publican form of government such as Is
guaranteed by tho Constitution of the
United State Other questions were
raised, among them that tho equal pro
tection of tho lawn had been denied tho
corporation In that it was being taxed
under ft law passed hy the initiative nnd
referendum method, whllo most of the
other statutes of Oregon providing for
imposition of taxes were passed In the
usual way through the legislature without
popular intervention. But tho main con
troversy raged around the question
whether legislation by the Initiative and
referendum la a republican form of gov
ernment. The Supreme Court to-day. in its unani
mous opinion read by Chief Justice White,
held that the "issues presented in their
very essence are and have long since by
this court been definitely determined to
be political and governmental and em
braced within the scope of the powers
conferred upon Congress and not there
fore within tho reach of judicial power.
It follows that the case presented is not
within our Jurisdiction."
At the very outset of the opinion the
Chief Justice disclosed the court'6 view
in the following statement;
We premise by siyinsr that while the con
troversy which this record presents Is of
much importance it Is not novel. It Is Im
nortnnt since It calls upon us to decide
whether It Is tho duty of the court or the
prox Ince to determine w hen a State ro ern
nient has reused to be republican In form
and to enforce the guarantee ot the Con
stitution on that subject It Is not novel,
as that question has lone since been deter
mined by this court, conformably to the
practice of the fioernment from the he .tin
nine to be political in character and there
fore not roenl?ahle hy the ludlcial power,
but solely committed by tho Constitution
to the judgment of ("onirress.
The decision in tho case has lieen
awaited with vital Interest by tho States
that have tho Initiative and referendum
nnd to-night there Is great rejoicingnmong
many folks from the West. Advocates
of this form of government say the Su
premo Court's decision to-day will be of
great benefit to them in their efforts to
spread the propaganda.
DUTY ON MRS. LEEDS'S PEARLS.
L S. Supreme Court Derides That It
Should Have Hern at 10 Per Cent.
Wahhinoton, Fob. 10. Tho Supremo
Court in nn opinion by Justice Hughes
to-day held that the pearls Imported for
Mrs, William U. Ixjeds, should pay duty
at 10 per ccnt.ns pearls "in their natural
state, not set or strung" instead of at the
rato of 00 per cent, under tho jewelry
paragraph, as claimed by tho Govern
ment. Tho opinion affirms the judgment of
the Court of Appeals, Second Circuit.
The pearls wero valued at $310,000, nnd
the amount Involved In duties wns about
The pearls that Involved Mrs. William
B. Leeds In n contest with the Government
wore bought from Bernard Cltroon in
Paris in 1035. There were thirty-seven
of them, they coat $310,000 and the dealer
agreed to deliver them here. So the cost
price Included an allowance for duty.
When Cltroon delivered them to Mrs.
Leedi at Newport the pearls were unstrung
and were appraised by the customs offi
cers here us individual pearls dutiable
nt the rate of 10 per cent. The Collector
rejected that appraisal nnd levied the full
duty of 60 per cent, on the ground that
the pearls were a necklace that had been
taken apart for importation.
A week aftor tho payment by the Im
porter of the 10 per cent, dijty originally
assessed tlfe Collector demanded the
additional M) per cent,, amounting to,
$110,0110, which Citroen paid undor protest
nt the same time asking that the entire
amount of tho duty, 1132,000, be refunded
and permission given 111 in to take tho pearls,
back to France. This demand was re
fused. In the suit that followed the lower
courts doclded against the Government.
No connolitcur omit ANGOSTURA BIT.
TEM la punches and fancy drinks. Alt.
JULIA MARLOWE OPERATED ON.
Affection of Ihe Throat Renders Re
course to MurVery Necessary.
WASiUNrrro.v, Feb. 19. Julia Marlowe,
who played hero with her huaiesrjd, E.
II. Sothcrn, tho past week, was operated
on nt tho Episcopal Eye, Ear and Throat
Hospital this afternoon for a slight affec
tion of the throat. It was said at the
hospital to-night that whllo the operation
was dollcato and painful it was not
dangerous and was performed to cure
& trouble of long standing, which was
brought to an ncuto stage by the change
able weather here in the past week,
Mr. Sothern was unable to remain in
Washington to-day, his company being
billed to play In Richmond to-night.
Miss Leonora Chippendale, Miss Mar
lowe's understudy, will appear In her
roles until Miss Marlowe rejoins the
company, which it is expected will bo
In about a week.
J. 0. ARMOUR'S SLIDING ACRES.
Jury Rejects the Contention That Hit
Lost Land Just Went to bt.
A jury before Supreme Court Justice
Brady returned a verdict for $10,nj8 yes
terday In a suit of J. Ogden Armour
against the Sound Front Improvement
Company. The plaintiff bought a tract
of land on Staten Island Sound and near
Rarltan Bay for a fertilizer plant. After
the land had been partly prepared for use
It was resurveyed and the plaintiff found
that instead of over seventeen acres he
had less than fifteen. The error in meas
urement was not alleged to he Intentional.
The defence was that tho tract origi
nally contained all tho land for which Mr.
Armour paid, but that In the process of
deepening the channel two acres had slid
Into tho sound. Tho jury rejected this
NO MORE "DON'T KNOW."
Information Hereafter fnr Passengers
When There's Railroad Troubles.
The superintendent of tho Long Island
Railroad has Issued nn order requiring
conductors, trainmen nnd fetation agents
to make every effort to ascertain tno cause
of any sudden Interruption of train service
and answer freely nnd courteously all qtiee
tlons asked by intending passengers Re
to causes and protablo duration of dole's.
Arrangements havo been made to have
the despatcher'a office in Long Island
City send out such Information to train
men and station agents as early aa pos
sible. CAPT. GIBBONS NOT TO QUIT.
Denied There Is friction Between Navy
Department and Mead at Academy.
Washington. Feb. 19. The Acting Sec
retary of the Navy to-day denied reports
from Anaapolis to the effect that as a re
sult of ftiction between Capt, John H .
Gibbons, superintendent of the Naval
Academy, and the Navy Department
Capt. Gibbons had asked to be relieved
of his office.
These reports appear to have been based
on the fact that the Navy Department
recently failed to approve the indorse
ment of Capt. Gibbons to the recommenda
tion of the academic board that two mid
shipmen be dismissed from the academy.
Each has been given by the board the
maximum of demerits for smoking and
other violations of the regulations of the
institution. The Department did not
hold their offence serious enough to war
TO FLY ACROSS ATLANTIC.
Atwond Thinks He Can Make Trip In 30
Hours With One Stop.
Lvnn. Mass.. Feb. 10. "Believing that
I can best prove that the aeroplane has
come to stay by making a flight across the
Atlantic, 1 shall attempt suc'.i a trip in
tho early part o May," said Harry N.
"I believe I havo th machine that will
accomplish this feat in thirty hours with
but one stop under favorab le conditions. "
Atwood confessed that the machine
wou'd probably bo larger than any pre
viously flown in this country. Ho said
he would carry sufficient gasolene to make
a ooo mile continuous flight and when ho
found his fuel gottlng low would make a
landing near some ocean liner. He de
clares that there will be about twenty
liners on tho ocean at that season of the
year and it will be nn easy matter to pick
up ono of them.
Two men will accompany him on the
flight, one a mechanio and tho other a
man acquainted with the sea, who will be
able to (-how him how best to ride out a
galo if ono should bo oncountered.
Plans for tho improved type of hydro
aeroplane which ho will ue have beon
completed nnd tho work of building is
said to have begun.
A lifeboat will bo the only baggage ex
cept a small supply of food.
THREE NEGROES LYNCHED.
Mob Selies Alleged Slayers on
From Court" to Jail.
Ciiattanoooa, Tonn.. Feb. 19. David
Nell!, David Bomar and Watt Greer, ne
groes charged with killing Special Officer
S. W. Evereon of the Nashville, Chatta
nooga and St. Louis Railroad and throwing
his body from the train at Bell Buokle
ten days ago, were taken from officers
In the court house at Shelbyville by a
mob to-day and beaten to death with sand
bags and clubs. Their bodies were then
riddled with bullets.
The lynching took place just after thelr
attorney, W. S, Crowell, had waived exam
ination to the Circuit Court. The officers
were returning the negroes to jail when
by what appeared to be a prearranged
plan the mob moved upon the men and
ARMY AVIATOR INJURED.
Lieut. Kennedy Breaks Rlba and Arm
In Kali Near Augusta.
Auouhta, Ga Feb. 19. Lluet. Kennedy
of the United States army aviation school,
which is operating near here, was badly
Injured this afternoon when his Curtiss
aeroplane turned turtle at a height of
100 feet and crashed to the ground. Ho
was caught under the machine and several
ribs and his left arm were broken.
He recovered consciousness two hours
after the accident, but could give no clear
explanation of the mishap.
HERMIT'S COUSIN ACTS
IN WILURAUD CASE
Mrs. Samuel Moves in Court to
Have Committee Take Has
lctt in Charge.
TELLS OF DIRT IN HOUSE
Takes Issue With Lord Gardner Now
Faces Felony Chargo Nurse
Decker Onco In Tombs.
Mrs. Kllen Haslett Samuel as "one of
tho next of kin" of Samuel E. Haslett.
the Brooklyn recluse said to be the vic
tim of a sensational will conspiracy,
obtained an order from Judge Lewi h.
Fawoettjn the Brooklyn County Court
yesterday directing ex -Senator Frank J.
Gardner, Attorney John B. Lord and
other opposing interests to appear in.
court on Friday and show cause why
committee should not be empowered to,
take charge of Haslett's property and per
son and make proper inquiry as to tha
, wealthy old man's Incompetency.
Judge Fawcett also granted a stay
which in effect enjoins until Friday tha
power of attorney held by Lord and tht
one that Gardner secured from the her
mit. This means that Haslett himself
is legally In charge of his person and prop
erty. Mrs. Samuel's attorney, S. Stan wood.
Menken, said that the committee pref
erably should consist of some Brooklyn
1 trust company and one Individual.
Both Mrs. Samuel and her husband,
1 Lionel Samuel, who Is vice-president of
the commission firm of Rojas A Co.,
with offices in tho Whitehall Building,
tell of recent visio to Haslett's house at
I3S Remsen street, of lack of heat and of
filthy conditions at variance, they say,
with tho statements of Attorney Lord,
and of seeing many evidences of Haslett' a
mental and physical incompetency.
Colncldently with theso development
Gardner, who originally was arrested
on n simple charge of conspiracy
a misdemeanor found upon appearing
for hearing in the'Adams street court that,
a new and more serious charge, of con
spiring with intent to defraud by obtain
ing the signature of Haslett to two wills
and the power of attorney, had been'
lodged against him. This raises his al
leged offence to the degree of a felony.
The court forthwith advanced Gardner's
bail from $3,000 to $fl,000.
Chief Magistrate Kempner accepted as.
bail property offered by Minerva .1. Mo
Bride of 243 Lawrence avenue. Brooklyn,
on the northeast corner of Ocean Park
way and Lawrence avenue and valued at
Harold Norrls.representlng thsNatloail
Surety Company of 1 15 Broadway. Man
hattan, was present at tha Adams strsst N
court, where the examination was con
tinued until next Monday forenoon at 10
o'clock, to goonthe$2,000bail bond asked
for Decker, the young nurse, who is ac-'
cused of having helped Gardner In the'
alleged eflort to obtain control of Has
lett's estate, which has beon estimated
variously at $200,000 to $1,000,000. As the
bail for Gardner had been accepted .with
out question Decker and his lawyers
seemed to take it for granted that Decker
also would walk out of the court room when
the surety company's representative had
signed the ball bond.
But although the Brooklyn District
Attorney's office had not objected to the
Gardner bail, Assistant District Attorney
1 Lee, representing District Attorney Crop-
Bey of Kings county, stepped forward
to say that the District Attorney In ths
matter of the Decker Vail bond meant
to exercise th constitutional right to
bold up the ball bond for forty-eight
hours "to inquire into the validity' of
the hail bond. Inasmuch as Nations!
Surety bail bonds nro accepted right and
left, the supposition is that the District
Attorney is holding up the bond for rea
sons that have to do with Decker rather
than with the bond..
While Decker's attorneys, W. C. Cowan
and William M, Byrne, spent tho day un
successfully trying to persuade District
Attorney Cropsoy to accept tho bail
offered for their client, word came out
from the Federal Building, Manhattan,
ihnt Decker last December had spent
a day In tho Tombs at the tlmo of tho In
quiry into an alleged attempt at jury
bribing in the trial of George Graham
Rico and his associates in the Scheftela
brokerage concern for using tho mails
Decker and a young woman said to be
Miss Valentine Peake, one of the nurses
installed at tho Haslett home by Gardner
last Friday, wero joking with the news
paper men in the prisoners' room of the
court yesterday afternoon while Lawyers
Cowan and Byrne were pleading for ac
ceptance of the Decker bail when The
Sun reporter asked Decker suddenly
to tell about his Incarceration in the
His, gayety fled immediately and he
would not answer personally, but waited
until Lawyer Byrne had returned. Mr.
Byrne thereupon dictated to the reporter
the following statement:
Mr. Decker Is the same man mentioned
as connected with the George Graham nice
trial, but he never was arrested for bribery
or attempting to bribe Juror 2 or any other
juror in the Rice case, but he was detained
for one day in the Tombs as a witness In
regard to the alleged attempts of bribery
In the Rice cats and afterward re'ed.
"How was he connected with P.it and
the Soheftel case? Lawyer Bvrne was
ask;d, while Decker stood within hearing.
"I don't care to state," was the answer.
According to records in the Federal
Building, Decker spent not only one hut'
eight days in the Tombs in connection
with the Illoo case now going on, but the
United States Attorney's office yesterday
made much mystery of Decker's part
in the case. The fuots seem to be thit
Decker was called as a witness for tho
Government and that ho refused to testlfv.
As a material witness he was locked up
in tho Tombs for eight dayi last December.
He wns released, but still did not testify,
Rice on the other hand said yesttrdu
afternoon that it was on Decker's tat
ments to the Government authorities
that Rice was refused the privilege ot
being longer at large on bail and wa
taken to the Tombs at the conclusion
of each day's session. Rloe further sal
that Decker told the District Attorney