Newspaper Page Text
THE SUN, WEDNESDAY, DECEMBER 4, 1912.
APPMKS TO IN 1)1 VI DIAL
jCuiipri'ss Cniilil Mould Citizens'
Waniiinoton, Per 3 The iilit nf the
Federal Government to nnr the piens
was further eomli iteil to-il iv liv .lames
M. Fleck. rotm.Hi'l for the l.ewx l'ulilMi-
InR Companv. In u brief Mihnillteil to the
Hupromo Court In replv to the Solicitor-
'ificneral's iirRiiim nt that Hie iiewnp.icr
publicity law ioonstitiilioii il
"To llio fr.inioin or tho C.iit lilt ion.-
Mid Mr Hock. "Urn proposition now
mtvnticvd would have been unthinkable
Hhould this court KUtdain the cnntolitiou
-nrl..rw nut I.. i. a r i i i
then Its creat declaration, throiinliClilef
.Justlco Marshall, that Oi.tniresn may not,
''under the pretuxt or cxocullne it m pow
tcrn pass laws for the accomplishment
, of objects not entruMed to thu (loveru
.inent,' will liecomo for many practical
,nnd vital purposes a dead letter."
Mr, Hock Kt id that to his knovivHice? a
more ntrm.lni; imd radical cou.eiitiou
thflsnovor lxxu Kiitinilttcil to the .Supremo
'..Court than that of tho Holicitor-Uonerul,
who said In tho (Jovornnient h brief:
, "ConRrcus has, and of neceHsity must
have, absolute powor to say what it will
excludo'nnd what It will carry in the
malls mid tho terms, conditions and
postal rates on which it will curry mail
matter. We HUbmit therefore that
GongrPss.hiH tho unrestrained power to
iwjr what in its opinion in so hurtful to
tho publio welfare that it shall not pass
through tho malls, and that it niav etitoice
that opinion without its correctness Mug
subject to judicial review. It
kurely may proscrilie any conditions con
cerning the, mail matter itself, whether
Its to size, weight, character of contents,
purposo for which sent, Ac , and it may
likowlso prescribe conditions con corn! tig
tho persons depositing it in the mail,
especially if the conditions attached to
,tht sender lienr some relation to the thing
sent. If such views thoo of
a newbpaper owuer's are expressed in
the paper Congress can doubtless exclude
.them, just as Congress could now exclude
nil papers advocating lotteries, prohibi
tion, anarchy or protective tariff, if a
majority of Congress thought such views
HgnhiKt public policy."
If tho foregoing opinion is to prevail.
Mr. Hock argued. Congress could deny
second class privileges to a newspaper,
mile, it editorially supported the views
of a majority of Congress as to tariff
revision, nnd the courts would bo power
less to prevent, such strangling of free
discussion. Said Mr Beck:
"If so, it must logically follow that
the next Congress could not onlv bribe
i tho newspaper press into acceptance of
lower tariff duties, by tho privilege of
cheap or free postage, but it could force
ihem into such acquiescence hv tho
denial of any mailing facilities what
ever. "The contention of absolute power now
put forth without reservation is the
very one at which Daniel Webster, when
a like proposition was made to purge
the mails from nnti-slaverv political
documents, was 'shocked.' and to which
the great interpreter of the Constitution
replied: 'Any law distinguishing what
shall or what shall not go into the malls,
founded on tho sentiments of the paper,
and making a Deputy Postmaster a
Judge 1 should sav is expresslv uucon
htitutional.'" Admitting that no American Congress
would so offend the spirit of our institu
tions as to take advantage of ail the
possibilities of the newspaper law in
dicated by the Government. Mr. Heck
pointed out that if tho Solicitor-denerai's
Interpretation is accepted Congreps could
force from the mails any editor or pub
lisher, unless ho agreed," for instance, to
vow tno pronitiitlou ticket, support
the suffragette cause and appropriate
half of his columns to tho advocacy of
these political views.
"The Government's contention." he
said, "does not limit the power of Con
gress to prescribe conditions as to the
thing sent but also to the sender, and
if this power be an 'absolute' power
then it can determine the conditions
Upon which tho postal facilities cuti bo
Used, and it logically follows that tho
conditions can refer to the citizen who
Use tho mails as well as to the mail
natter itwlf. If this be true the ad
vocates of a judicial recall need not
waste further effort in advocating that
method of overriding the Constitution,
Cor Congress emi accompll-h many pur
poses which under the Tenth Amendment
were reserved to the States bv the simple
device of compelling tho citien to do
things in themselves heyoiwl Federal
power if he wishes to use the mails "
Nimllarly. Mr Heck said, Congress could
comiwl such institutions as clearing
housed or stock exchanges to conform
tff the Federal law bv denvim; them th..
use of the mails unless they accepted
such conditions as Congress might '
prescriue. uitnougn sucti int iitutiotn, are .
considerable hoadwav Vesterd.iv Hri
rescntatlvo I)ol'oiet of Now 1 ork Intro-
. nueeu in ine nousa a lull re
lilt rersMiliiiL- tlilsfn
font urn of the law and to-day Senator
McCumlier of North Dakota introduced I
..I..n i:. I
a similar measure in I lie iseuato
Senator MeCiiuibor made it known
that, ho was actuated entirely by protests
ho had received Iroin proprietors of small
country iiowsia)ers. Ho was satisfied,
ho said, that the legislation was ill ad
visod and that it would work great, hard
ship on these small country publications
The provision to which tho country pa pers
object chiefly is the ono that require
publication in tho impors of thnir mort
gaged indebtedness and othorinforinatim
in regard to their business standine
which they eotitond will operate norlouslr I
' (Senator McCumlier. like a good muny -
other Senators, hardlv was Sware that i
such legislation had been passed until
it was called to his uttention after the
adjournment of tho last session of Con-
nress. Some of tho nublleitv fnatoras
inilsmi tition tiewspairs were slippSd
into the bill while it was In conference
and wore barelv considered on the flour
of tiie Senate.
,, In the House also the Impression seems
to bo growing Unit some of the features
pf the law aro unjust and constitute a
class discrimination against tlm news
papers. It. is practically certain, howuvor,
that Senator llourno, chairman of tho
Senate Post Ofllco Commit too, iindSenutor
IIHslniv nt Itnnui.. u..l.l . I I
favored tho legislation, will oppose, any
effort to repeal it,
Want to lllilr to Muit Sin if.
AMHNY, Dec. a,- I'riioners sent to Hmg I
Slug conipluin of having lo wall: the long i
dhlance from lhe iiiilroiid station to the
prl,on office. .Sheriff l.iirhurger suggested
toSupt. Htott I he necessity for a prison van
at (Msinlng and uas told the . Sheriff should ,
provide a conveyance when desired, as he
receives m cents a mils for iruiisferrlng
one prisoner from the county lull tn the
Bute Prison, .1.1 cents a mile for two, 4(1
i'S.J? r ,hr''0 .nr crala a '"H" '"eh for
tow or more nrlbouers.y
ZnlZmthtCT ':W;r, nK ,h,'w- President of the United States n tho
provK'Tlm , 'l:11"1"' "ctl.mwnt. take, ycs.er- letlred lists as ox-eommandcrs of tho
tions act imposing publicity on tho biisi- lIa'' 11 WJfl decided that the lawyers nrmy and navy and providing for their
ness affairs of nowsnanois has xr.iiiw.il I would have to hold a sessslon with the salaries as such retired officers. Kr-
ENGLISHMEN WANT TO KNOW.
ItrltUh tlsrnrra of Cnhan Itnllroatt
Dlaitlrnaril With tirnnt to mrrlrn,
Wamiiinoton, Ore. 3. TIiniiikIi tlm
Itrltloli f:iiila.-M- Knull'li rtipltiillMti
wlm own (ho Cnbnn (Vnlrul Itullwiiy
Iimvii upppiilml Id tlic Cnlli'il Htiitr
Ciivt'tnttioiii to fxiimliii' n cuiH'fj'tloii rc-
out ly given tn tht Xiitlntiiil Itillwuyx
nf I'uliii, ii n Aincilcni corimr.itltiti, wlt!i
IX View III .Hi'PklllK tilt' Wlttlllt Cl Wll I (if tile
t .1 lit.
Tli Piili.in r.'illvMiv roiiiiiiiny cIiiIiih
tli.it It twin tiiu'.uly ili.xcrlinliuitrd
imiilnit by tlic (iuvcrntni'tit of llulu
juhcii tin- concision va Kr.intoil iitul
I nlni Unit tlio terni of tlic ronrtvlim
to the new ralltv.iy coi'iKinitlou cuiilllut
J with tin- rlKlit.t of tlic Jtrltl.ili cciiii.niy.
In oilier quartern It Ik wild, however,
Unit the lirltlxh cmu'erri Ik lnuklni; pin.
l.Mt solely bi't'iiile It fulled lu It elTorts
In et the coiu'wloii fur Itself
The .N'a t luii.i I ltulhvuy of Piilia wax
tntorpirated In Dover, Del., last month.
I lt'l:i'l It. Oonklln president of the
' 'omerti, which M to lie capitalized
J -0,0(H,000, The company tin taken
i','r tw" Nl'" "" "id '." It will
t ''"' "'"""t ''" f new road. The
I " Uovernment If to Klve a yiilij.lily
I ,,f "m iG-0i)0 "''r '("'""''fr for the
' n'), ',ar'' ,, ,'.
t rim only irrouml upon which the.
i lllli'U noues cihiiii oojeui 10 lilt Kr.lIlT-
Intt of the concession N the possibility
that In Its imreement with the Ameri
can company Culm tnlnht have tlnan-
dally obligated herself byond her
ability to pay In violation of the l'latt
NEW HOTEL TO PAY FRANKO
A YEAR FOR MUSIC
.Mi'Alpin's Press Aircnt Confirms
Own Story of Knlmlons
Nil nun Franko, the musical conductor
who last Hcason led his orchestra at thu
Plaza, signed a contract yesterday with
the management of the new Hotel
McAlpIn at l!roadyay and Thirty-fourth
street which stipulates th.it Mr. Franko
personally l to receive $30,000 a year
for two years for conducting an orches
tra In the McAlplu tea room.
Also Mr. Franko ts to supply two
more orchestra. for the McAtpin, one
for the dining room and another for
the grill. The two year contract further
stipulates that tiie McAlpIn manage
ment 's to spend $100,000 a year for the
hotel music, a gum which Include. the
$30,000 that -Mr. Franko is to receive.
There cn be no doubt about the ac
curacy of the $30,110(1 a year salary lie
, ' !
cause Charley Mercer himself supplied
the figures and other details to '
Sf.v last night. And Charley Mercer I
the publicity iiinn of stainless reputa
tion who on the first day the excavators
liegan to drill Into the I'nlted States
nt It roadway nnd Thirty-fourth istreet
discovered in the excavation for the
McAlpIn a vriy rich garnet mine.
Also It was he who persuaded .l.iu
Kubellk to bring his $40,000 fiddle and
U'OO.OOU lingers Into the McAlpIn ex
cavation on a rainy day to play for
the reporters and iron workers, and
almost had Law, the parachute Jumper,
leap off the top of the hotel Into Broad
way on an otherwise quiet Sunday
afternoon, and discovered that the bos
Hteam titter on the new building had
Just Inherited 1 1 , 73 nnd sixty-four
new phonograph records from his giving the Interstate Commerce Corn
uncle, the late King of liovlnla. , mission authority to supervise the tssu
"On New Year's eve," Charley Mercer ;unce of railroad" stocks or bonds The
added over the telephone, "b part of the
$100,000 to be paid for music each year
while Mr. Franko's contr.ict lasts wilt
be ueil to Mipply the McAlpIn patrons
with a concert by the Seventh Itegl-
ment Hand. Tho Itoyal Neapolitan
Singers and Players also will slug and
play at the McAlpIn on New Year's eve
T.ible reervatlons therefore should '
"And Mr. Franko's personal salary
I to be how much, Charley?" rome ono
"The highest ever paid for such ser
vices, with the possible mark you I
.say possible, not probable exception
of Toscanlnl. It's the truth I'm telling
you, Judge my f Monde, I mean when
I say that Mr. Franko's salary Is to be
$30,000 a year. Thirty thousand?
Poof What do we care'" he con
cluded trippingly. And he snapped his
fingers over the wire Just like that.
BRONX WANTS SUPREME COURT.
.T Count) Will First llnvr fiet
Pluer Where It C'mi Sit.
A committee of Hronx lawyers,
headed by Louis Van Dot en, had a con
ference yesterday with Presiding Jus
tice Ingraham of the Appellate Division
on the subject of assigning a Supreme
Court Justice to The Hronv after Jan
uary 1. I tiller the law making The
Hronx a county the lawyers feel that
there should be a Supreme Court sit
Sinking ! nnd Commission for the pur- I
pose of selecting n site for the court. ,
- t.iu ...in
uo uune nexi wc. in ineipam jti.uuu annually.
the Appellate Division will
not select a Justice to sit In The Hronx.
JUDGE SLOAN OPPOSED.
Senator Aaliural Will Plitht Nomi
nation tn Feilrrol Ilrncli,
WAHiiiNoro.v, Dec 3. - "Were lhe peoplo
of Arizona to have an opportunity to vote
on the nomination of Judge Sloan to
tho Federal bench for that district thev
w"'Jltl. defeat him by an overwhelming
majority This was the challenge to
'7?'' ' lau y, nena.r Asiiurst or
Al2f022.ii ",ale2eW ,,0-,lay
"i11,1 .W"? -Sloan s conllrmation
Jj??, "J81 Hfnd. opjiose all
he'm" l ' A,l,r,'inll.'iLt'ha,iuc,P.rh'
ne continued. Among these Is fho
Illdee Sloan is clllirced hv his nnivinwila
with having been friendly lo the rail
roads while a Territorial judge.
2 STATES ON LOAN BLACKLIST.
Wurncil Attain! Mll.
and .North t'nrolliiM,
Kdwmdl. Andrews, representative in New
Vork of thu London Coiporiillon of Foreign
j lloiidlioldsrs, uhu liolduinong other Ameri
can sneuiities the bonds of North ('urollim
lieen paid, in the ease of .Mississippi since
liefore the civil war, Issued n statement
y.?"' VV ' V.?.. i ,Vie -,,r1af.',.,.-'wiIUi ""
ZX iltf'A?! U"H9
North Carolina at the nresent time, savs
nun .uinhissuiiii. on which interest litis not
Mr Andrews, M attempting lo borrow
M.Vi.Oiki on a bond Issue, and Mississippi
is hIso seeMnir loans tn nun Hima sini.
according to Sir Andrews, sought similar
loans but fulled to get them In the great
nllttnclHl centres herjuiKA nt thai,. nA rim.
i fault.. -
Hoiim' Dt'innrmts DHuili1 Ailain
son Hill mill Kpirt to
Pass It To-morrow.
IIOI'K l-Olt SKXATK ACTION
liili'i'sliitc Commi'ivr Commis
sion Authorized to Inven
tory ICncli System.
WAHNiNiiros-, Dec 3. Physical valu
ation of all railroad properly in the Untied
States as a means of providing a b.ni for
the Interstate Commerce Commission In
correcting rates Is proposed lu the Adam-
son bli that was taken up for debate lu
the IIoue to-day Tho bill provides
that tho work of ascertaining railroad
values shall be conducted by tho com.
mission, which is authorized to employ
engineers and other experts and em
powered to compel railroad managers to
produce records, books, pjpers and other
documents that may lie regarded as perti
nent to the Investigation.
The measure was debated for four
hours and discussion ol it will be resumed
-on Thursday, when it will doubtless be
passed lhe Democratic leaders planned
to put tho bill through to-day, but when
the time came for a vote It was found
that a quorum was lacking.
The Adamson bill has the indorsement
of the Interstuto Commerce Commission,
and according to statements made in the
report submitted to 1 the House "the
courts have laid stress upon the element
of valuation us a factor in determining
The bill provide that the value of rail
road prox'rty shall be ascertained by
means of an inventory of eacli system,
which shall list and classify the physical
elements in conformity with a classlll
cation of expenditures for road and
equipment that maybe proscribed by tho
commission The commission is given
authority to ascertain and report ns to
each piece of property owned or used bv
railroads, the original com for railway
puroses,tlie cost and value tothe present
owner and what increase in value is duo
to cost of improvements
The commission also is instructed to
f.hcertain any increases or decreases of
capital stock in any reorganisation of
railroads, and moneys received bvnny
of such corporations by reason of any
issues of stocks, bondsor other t.ecuritles,
or from the net and gross earnings of
such couianies and how the moneys
were paid out The commission is further
directed to report the amounts and dates
of all retin-d bonds outstanding, the
names of all stockholders and bondhotdres
,.,,.. I... 1... ...,. .
,' ttlie name of each director on each
JIIKir directors, the facts as to the c
, ; .'.'. .", ""f. Vii.r... . " . ' 'V' . " . J
tion of any Umk or banker, capitalist
or association of capitalists or financial
institution or holding comany with the
ownership, manipulation, management
or control of any stocks and bonds of
1-Ivery railroad i required bv the bill
to assist in the investigation "as the com-
mission may require anil direct" 'lhe
prosiseu law is applied 10 receivers ol
carriers and operating trustees as well
as managing director and other officials
Any official who refuses to comply tth
an order of the commission made incident
to the Inquiry is liable to a line in the sum
of KOi) for each offence
Representative Mann of Illinois, the
Hepubllcan leader, made an attack on the
, form of the bill lie wanted it amended
I in one lmKrtant lurtieular He sug-
. ecstcd the ;iflntti,in nf nn umuhittnunl
"'mocrals refused to accept the amend-
Democratic leaders are sure that the
Adamson bill will lie passed Thursday.
They are hopeful that it will meet the ap
proval of the Senate tiefore adjourn
ment this winter
EX-PRESIDENTS AN ISSUE.
llrmoeriille llonsi- l.emler Are
Attain) reunion I'lnna.
Washington, Dec. 3. House leaders
are against any plan for pensioning
former Presidents. It developed to-day
that In the llrst draft of the legislative,
executive and judicial appropriation
bill prepared by a Jiib-oommlttee there
Is Included an Item making former
Presidents life members of the House,
with an annual salary of $17,300.
That this provision will lie stricken
out of the measure when the full com
mittee passes upon It to-morrow was
stated authoritatively to-day. It Is
known that Chairman Fitzgerald of the
committee Is strenuously opposed to
such a policy.
"I thought the people had disposed of
Tuft and itoosevelt." he said to-day.
"In other words, that they had been re
tired to prlAnte life. Personally, 1 see
no use In having them become mem
bers of the Iloiisu to continue the olr
Ing of their scraps."
Senator McCumber (Itep., N. D.) to
day introuuceu a out placing all ex
Presidents arc to be paid $10,000 a year.
Widows of former I"resldentH aro to bo
FOR WATERWAYS COMMISSION.
I'reslilrnt Semis AlrssUKr Itrcolu.
iiiriidinic Its Continuance,
Washington, Dec, 3. President Taft
lent a message to Congress to-day
transmitting tho report of the Inter
national Waterways Commission and
recommending Its continuance. The
commission lias completed Its work ex
cept tw sections, ,Onu Is a report on a
dam at the outlet of Lake Krlo which
has been delayed by the Illness of one
ot tho Canadian engineers and the
other la tho location and marking of
the International boundary between the
I'nlted Stutes and Canada. This work,
the President fays, will reipilre about a
year or fifteen month?.
"Tho work of tho commission," the
President .said, "has been of a high
older and has been prosecuted with dill,
gence. International courtesy us well
.is treaty obligations reipilre that the
commission be allowed ,to complete lu
work. I recommend that the Items to
bo found In the estimates for Its sup
port during the second half of the
current fiscal year and for a part of
the next fiscal year receive the favor
able attention of CongrcHs."
TWO NEW -SENATORS SWORN IN.
lack. r .Mnrluiul nnd IVrky nr
Ida ho Take Oath.
Washington, Deo. 3.-Two new Sena
tors, William P. Jackson of Maryland
and KlrtJand I. Perky or Idaho, were
worn la to-day. Jacluon suocMda th
late Senator Haynor and Perky the late
j Senator Heylnirn. Senator Jackson Is a
Kcpuiuican anil Men. tor l'erky a demo
crat, Tho seating of the two new Senators
leaves but two vacancies in the Senate
I the Place of former Senator liritner
of Illinois and one of Colorado's seats.
The successions to-day also give the
itepuhlicatis 51 members and the Denio
Icrats 4.1. This will be the lineup until
I several Ntato legislature meet next
I Tho credentials of Senator-elect Hrous
i surd of iMiulsiaua were presented In-day
by Senator Percy of .Mississippi. Broils.
Mm win iiiko ins seat .-uarcn i, ihi.i.
CLARK OF IOWA RENAMED.
I'l'ralilc tit lle:iiHillilK Intrrxlntt
Com merer Com miss Inner.
Wasiiinoto.v, Dec. 3.- President Tdft
to-day sent the following nominations
to the Senate:
To be ngent Alaska minion llsherles
Wind T. Fowler of Michigan.
To be an Interstate Commerce Com-m'ssloner-
IMgar H. Clark of Iowa.
To be Collector of Customs for the
district of Albemarle. N. C Dascar O.
Newberry of North Carolina.
To tie Conimlfsloner of Immigration
at Port of Sim Juan, Porto lllco -Utah.im
1,. HIo of Wisconsin.
Also the following postmnstets: C.
A. Connelly, Independence, Kan.; John
H. Wordeti, Wrnngell, Alaska.
TO PROBE CAMPAIGN FUNDS.
senator Claii's Committee Will Itr-
niiir Pension ,rt Tnesilar.
Wasiiiniiton, Dec. 3. Next Tuesday
was the date set to-day by Chairman
Clapp for resumption of the Senate
probe of campaign contributions. The
meeting will be merely preliminary to
mai out n future course. No witnesses
have been summoned for the Initial
It Is not certain that testimony will
ho taken for some time, ns a quorum
of the committee Is lacking. Senator
Oliver of Pennsylvania Is sick tn Haiti
more. Senntor Jones of Washington la
detained at his home and Senator Puyn
ter of Kentucky Is also absent.
MRS. L0N0STREET MAY STAY.
1st I llenlr. Thnf He Will Itrniove
Her, llrenusr Jtlie Wan n .Montrttr.
Washington, Dec. 3. President Taft
to-day authorized Postmaster-tienerul
Hitchcock to deny the recent reports
from Clalnesvllle, (la., that he intends to
remove Mrs. Helen I.ongstrect, widow of
the Conftslernte (leneral, as postmaster
of that town on account of her alleged
activity In behalf of the Progressive
Mrs. I.ongstreel's term of office will
expire on December S nnd It Is probable
that she will be reappointed. uIUioukIi
Republican politicians In Cienrgla are
trying to get the post.
DEFEAT COST UNCLE JOE $3,012.
lotiii Minfrolli, (.iiTerimr nt Colo
rado, S,rnt W.-..44S fllr Klerllon.
Washington. Dec. 3 Uncle Joe Can
non spent $3.(112. M to be defeated for
Congress by James O'Hare in the Kigh
leonth Illinois district, according to the
former Speaker's total cam pa inn expense
statement filed to-day with tho clerk of the
John oliafrotli. (iovernor of Colorado.
spent lo.llH to secure his election to the
Senate nnd Charles S Thomas, former
(iovernor, siient $:'.4.'0, in addition to
Jj.aai contribut'il by the Democratic
National Committee for the election of
himself nnd all other Democratio candi
dates in tho primary and general election
caniMign, according to statements tiled
in the Senate.
SOCIETY MEMENTOES STOLEN.
Ward Mr MlUlrr'a Son's llnnie Via
I led t llnrular.
The home of Ileyward Hall McAllis
ter, son of Ward McAllister, for many
years the social lender of New York
society, nt Summit, N. J., tvns entered
by a burglar nbout two weeks ago. A
large quantity of silverware and valu
able souvenirs of social events of years
ago was stolen.
The Intrinsic value of the articles is
about $3,000, hut their value as memen
toes1 of old Xew York society Is much
larger and Mr. McAllister has engaxed
the Petersen detective agency to recover
the goods. Capt. T. von S. Petersen
jays that he knows the thief, who Is
an old time crook, and he hopes to land
him nnd recover the goods.
The robbery took place In the early
morning hours, when those In the house
were all asleep. They found ut bleak
fast 'time that the house had been en
tered through a dining room window.
The burglar ransacked the room at his
The burglar's loot Includes a part of
an old sliver set which was used In the
farm dinners given by Ward McAllister
on the rocki of Newport. Souvenirs of
the llrst cotillon dinner given In New
port, of which Mr. McAllister was host:
souvenirs of tho ball In the Academy of
Music on the occuslon of the then Prince
of Wales's visit; relics of the blue room
parties In old Delmonlco's, of the
"Mother (loose" ball at Dodworth's, of
tho famous swan dinner of 1884 at which
the guests sat about a mlnature lako
on which swans tloated, and many other
priceless reminders of the old social
life of New Y'ork wero carried away by
Many gifts from Mrs. William Wal
dorf Astor to Ward McAllister at the
time when they wero forming tho social
four hundred escaped the burglar.
Other gifts from Commodore Vander
bllt, Lord Frederick Cavendish, Mrs,
Abraham van iluren, and others whose
names wero words to conjure with In
the society of those days, wero passed
over after being overhauled.
Many dinner pieces handed down to
Mis, Hey ward McAllister, who was
Jeanne ilenke Debertrand, were stolen,
as well as pieces that have been In the
McAllster family since before Ward Mc
Allister's time. A silver Wagon and
large basket, which are over 300 years
old. were ovet looked.
Ward McAllister's relics were divided
after his death between his daughter,
Miss Iconise McAllister, and his son
Hoyward. Many of tho most valuable
pieces were bought In Kuropo In tho
lato 'S0 and figured In the dinners
which nude him world famous as a
ST. ANDREW'S HAS NEW ORGAN.
tioliUwnrthr Give llrcllal
on at), 000 Instrument.
The opening recital of tho new 19,000
Moller eloctrio organ which has been
recently installed in St. Andrew's Church,
Fifth avenue and 127th street, was given
last night by the organist of the church,
Mr. W. A. Uoldsworthy. He played
Dr. George It. Van De .Water, rector of
fit. Andrew's, said that the organ challenges
oomnarison with anv instrument of it
COLONEL'S FAVOR. BUT-
The Trouble Willi
Thewlore Is That
THAT'S "T. It.'S POSITION
Itoosevelt and I'rendersast Uis
citss Progressive State
( ol l,ooeveltund Comptroller Prouder
gast lunched together yesterday and
discussed tho question of fusion nnd
tho eligibility of Asrmhlymnn Theodore
Doughs Itobinson of Herkimer county,
the Colonel's nephew, for tho State chair
manship of the Progressive wrty.
Col. Itoosevelt has kept his peace In lhe
presence of reporters ns far ns his
nephew's candidacy is concerned. He
would i.ot say a word about it yester
day. Hut tho Colonel is far from deny
ing that Theodoro Douglas Itobinson
would not be a good choice. His friends
say that if young Mr, Itobinson were
not the Colonel's nephew he would be
out for him in a minute, hammer and
"The Colonel will not lay himself open
to the charge of nepotism," was tho way
one man put it yesterday. "Ho will not
openly or secretly favor the election
of Itobinson. Hut ho will not openly
or secretly favor any one else. It is n
case of hands off, with the presumption
strongly In favor of Mr Itobinson."
When Mr, Hntchkiss first decided that
his business affairs were such that he
had to leave the active control of tho
Rtate machinery in other hands the ques
tion of his successor was talked over
with Col. Itoosevelt. Tho Colonel listened
to tho names of various' candidates and
... I. ! . 1 .1 i
" nT-n ju iieiii.'vi nw mentioned lie,.
threw on his hands and remarked that.
he could tako no part in the selection '
of the new State chairman. But it was
clear that if the single matter of relation
ship could tie ruled out the Colonel would
stand for the elect ion of Mr Robinson .
Comptroller Prendereast told Mr.
Roosevelt that hu didn't approve of As
semblyman Robinson for chairman. Ho
bused his disapproval, he said, portly
upon Mr. Robinson's youth and lack of
exerience nnd partly on tho relationship
which Mr. Robinson bears to Col. Roosq.
velt He didn't think it politio to choose
as State chairman a man quite so close
to the throne.
The Comptroller's candidate is ex-Judge
Virgil K Kellogg of Watertown Cliuun
cey J Hamlin of buffalo has also been
mentioned as a possible successor to Sir.
Mr. Hotchkiss himself favors the candi
dacy of Mr Robinson. He and Comptroller
Prendergast have differed on many mat
ters of party policy
lltnotliy l Woodruff is said not to be
a candidate forjthe State chairmanship,
and Comptroller Prendcrgust said yes
terday that so far as he knew Kings county
had no candidate. Mr Woodruff liw
spoken favorably the Colonel's nephew.
Assemblyman Hobinson himself ex
pects to win, and it is possible thut there
may lie no light. He voiced his expecta
tions yesterday, but when asked about
his position on fusion said. "I won't talk
about that until I'm elected if I'm
Just what form the discussion of fusion
took neither Col. Hoosevolt nor Mr. Pren
dergast would say, but tho Comptroller
did say: "1 never felt more hoiieful
about fusion than 1 do now."
He added that ho wished ho fell as sure
aliout all the predictions he is called upon
to make as he did about the assertion
that the local Progressives will surely
While Col. Itoosevelt wouldn't discuss
the mutter it is known that ho is strongly
in fuvor of fusion in the city campaign
and on purely local issues. Oscar H.
Straus, who was tho Progressive candi
date for Governor, is said by Comptroller
Prendergast to l on the fusion side.
On the other hand many of the local
Progressives, including the retiring State
chairman, ore opposed to tho fusion idea.
They hold that tho party cannot well
fuse with any others, even to defeat
Tammany, and thut fusion is contrary
to the ideals of tho Progressives.
Col. Itoosevelt has taken on weight
since the campaign, and it was said that
his wound was giving no trouble.
MoKENNA GOES TO DEATH HOUSE.
Writ on Grounds Involtlnv Bronx
Count r Kail.
Justice Seabury sent Joseph J Mc
Kenna, who murdered Sigfried Kckstrom,
back to the death house in Sing Sing
yesterday. McKonna. who waa sen
tenced on October 31 by Judge Rosalsky
to die in the week of December , sought
to have his conviction upset on the ground
that the Court of General Sessions did not
have jurisdiction under the Bronx county
act. Justice Seaburv rulod that, the act.
Hhould have no bearing on a crime com
mitted last June, when McKenna strnn
gled tho girl.
Some lawyers maintained that if Jus
tice Seabury sustained tho writ of habeas
corpus obtained by McKenna It would
havo a bearing tho trials of Lieut, Becker
and tno gunmen on the ground that
jurors from another county served at the
trials. This question wasn't settled.
St a, OOO for Los of Three Klngrra,
A Jury before Supreme Court Justice
Marean In Brooklyn yesterday a wanted
John Derbyshire ot M Mill street $12,000 In
ins suit against tun noyatone varntih com
nnnv for the loss of three tlnsersof his rlirlil
hand which were cut off by a paint grinding
machine the cogs of which he claimed
The action of Poglam In the cure of any
sKIn disease Is immediate. U stops Itching,
allays suffering and heals with wonderful
rapidity. Aggravated euses of eczema are
cured quickly, to lhe surprise and gratifi
cation of those unable to secure results by
All skin diseases, including acne, tetter,
salt rheum, piles, psoriasis, Bcalp scale,
barbers' and every form of Itch, are eradi
cated by Poslam. Over-night treatment is
often sufficient for minor troubles, auch as
pimples, red and Inflamed noses, rashes,
complexion blemishes, etc
FOBI.AM SOAP used dally for toilet and
bath will keep the skin in healthy condition,
and improve Its color and texture. It offers
the healing medication of Poslam In a form
particularly uenenoiai lor tender skin and
eruptinnal and scalp troubles.
All druggists sell Poslam (price, so eent.i
and Poslam Hoap (price, :& cental. For free
samples, .write to the Kmeraencv .Labor.
torlei. 33 West uUtittrMt, New York CUy.j4l
WAITRESS SUED FOR $40,000.
Arrrstril In Alienation Suit When
Serving Plate of llrnna.
Lillian Bedell, who is married, who has
tieenu municureiind who now Is n waitros,
was serving a plate of beans in the res
taurant in tho Flntiron Building yesterday
when a deputy sheriff named Fit7.simmoin
Sheriff Harburger. Mrs
Bedell had len
1 I ... If. I .1.- I I . If....,
7 " -" ""
Sec,1oCn9Rof W ft
rMrs'lu!bert. says her husband met tho
defendant when Mrs. Bedell came to her
i.-, ... i,.,- ii Ti
homo to manicure her nails. Then he
liegan to neglect her, Mrs. ltobert says.
An affidavit made by one Nathan Bolter
says that Mrs. Robert, was with her hus
band in a Harlem restaurant where the
defendant was checking coats.
"Hey," Mrs. Bedell is quoted as having
said, "what do you mean having your wife
out having u good time when I'm check
Mrs, Bedell remained in, the Sheriff's
office until live minutes of going to Lud
low street jail time, or 4 o'clock, when a
lawyer furnished n $20) bond for her.
WILL SUE FOR INNESS PORTRAIT.
Co. t'lnlma Palntlmc Found
on Property It llnnitht.
Mo.VTCLAtR, N. J , Dec. 3. Should tho
portrait of the late Georgo Inness, the fa
mous American artist, found among the
debris of his old home on Grove street
in this town by Herwick C. Dodge, prove
as valuable as the finder thinks it is,
there may lie bitter litigation over its
Mr. Dodge has been Berved with notice
by Ernest S, SulTern, president of the
Realty Improvement Company .which owns
tho old Inness property, demanding the
return of the picture. Huffem asserts
that the company, which purchased the
property somo time ago, or tho heirs of
the Inness estate are entitled to the pic
ture rather than Mr. Dodge. Mr. Dodge
believes the picture was painted by Inness
himself and is worth $10,000.
NLW YORK 5
The Institute of Musical Art
of the rttjr of New York
FRANK DAMROHCH. Director.
An Endowed School ot Mailr.
Cnnducusi solrly In thu iDlrrentii ol lilghrr munlral
education. It provides ttudrnu of natural ability
and earnest purpose a thorough and complete
duration la music without golnr abroad. Ths
tptratic itpartmtnt Kill bt carrUit on tnclou oflUla.
lion ugh hi MrtropolUan Optra lloun.
for cataloeue address lloi
lae C'laremont Ave., N. T.
NEW YORK CONSERVATORY
OF NORTHERN MUSIC.
Inga Haes sbro. Director, head ol Piano Dept.
Holier Birkerod, eminent Danish uarltone.
head ot Voice Department.
Lillian tioacord Joaasen, llhythmlcal Dreath
Ins. Dramatic Art and Plastic.
STUDIO. aa Madison Avenae. X. T. Cltr.
CHOOI, OF OPERA In Kncllsh and Italian.
lOO WEST aaTU ST. 'Pnoaa Ml River.
rt of (latin r: re prese n tat) ve of Marches! Me ttod.
Stasia, m West Ml St.
AHRIET DWIGHT JVEko
lit Came fie Hall, Fridays and Saturdays.
AMY GRANT 71 S5Ul 8- op"
wm rtWR I Kecllais. .Sundays, j so.
A. CARBON E
Art of Slnalna.
Aeolian Hall.; W.OdSt.
I t Cflf 01 1 flFF "BKL CANTO" SUNOINO
L.J. aHWyilUrr STUDIO. HI Caraerte Hall
Studio, lilt Carneite Hall.
Teacher ot Slntlni.
03 Carneile Hall.
GRAND I CONSERVATORY I 20 West
anMna OF MljBI0 nnt.
Mm OfinEI CRIME lBr-t omo" sinoino.
ssi. vmvm bnaX studio. KtOarneile Hail.
mmi. ieatrice eiutt v?,'4cpwcu.,,-
PAB LINE HIVEMAHH tf,iffis;ttas
fT"HE dainty elegance we connect
with Marie Antoinette may
be seen to advantage in her Sleeping
Chamber, with its brocaded hangings
and delicately carved Furniture, still
preserved in all its integrity at her
well-loved Little Trianon.
Our Reproductions of French Fur
niture ot the Louis XVI. period so
faithfully resemble their originals that
they create in the modern Bedroom
the same' atmosphere of elegance and
36 West 32c! Street,
Fifth Av. and .Broadway,
DUNN GIVES HIMSELF UP.
Mleceil llnnk SMlnrilrr Turns llnl fa
He llrolher-ln-lnT nt Itleh Puhllahrr.
Word was received here yesterday by
the Post Offico inspectors thst Thomas
P. Dunn, indicted for participation in thi
hook swindle, had given hlmself up ta
I IJU!in. WHO W.1A nl firsl .unnAunH .n l.
.), brother-In.law 'nt Jum i
or the Anglo-American Authors Associa-
Fifth nMLAKr?n n!''ocU'1?!
nt rlltn avenue invests Dunn with
peculiar interest ns a defendant, He U
tho author of the now famous "Dear
Jim letter, in which ho asked James
l-armer to frame up an epistle designed
to luro a prospective gullible into buying
a library for $'.'0.rj.
CEREAL CONCERN TO BE SUED.
Wrstrrn II lint Will Aak Dsinactl
I ndcr Mhrrman l.avr.
TrsKXTtiv, Dec .1. Alleging an unlawful
combination and conspiracy between ths
i Quaker Oats Company and Joy Morton.
I brother or t!n late Paul Slorton. Arthur
Dean Ilevan of Illinois to-day tiled a bill
in uie court oi rnancery seeking permit
Ion to bring suit In any United 8tatf
District Court to recover damages alleged
to have been sustained by the Great Wettra
Sir. Slorton is president nf the company
Sir. Ilevan seeks to have the suit brought
under the Sherman anti-trust law, which
provides for the recovery of threefold
namages sustained ny any person or cor-
poratlon by reason
oi us violation.
Assistant I'nlted States Attorney John
W H. Crlm has resigned from the fior
ernment service to open a law office at SO
Broad street Mr t.'rlm while he waa in
office established a leputation as "trim
buster." nnd Attorney-General Wicker
sham has designated htm ns special Oov
ernment counsel In the steamship truit
PuS-d5nl tnd d,y enool. UscbetUkv llrtnol
5.1S-,"t,Ls ail UscbetUky pupils. VofU
i!J7nony' Slrht neadlnr. Knsemble PlarlM.
;:iiIe',..0,, t"cnt operas. Classes arrsntil Is
ot Art C1"5lc un:ln. Literature and Hlitsrr
IMA w? ELINOR COMSTOCK.
lOOO Madison Aveoae. New Tork Cltj.
"" Krl. Afternoons. IM Carnsfts
N. T. COLLEGE OF MVSIO
Ian East BSth St.
oral and Instrumental Instrucllon,
WILLIAM C. CARL
CCILMA.N r ORUAN SCHOOL. 44 W. Iltt
EMMA A. IAMIMANN Voice Culture. Concerts
atudlo, Hold Calumei, t V. 67th.
MAX'DECfil VOICE SPECIALIST.
Studio. SU Carneile Bsl
VIOUN SCHOOL SSLMi B5;rITt
SENOR JENSEN SSKW
' Pianist and Tearssr.
to Carneile Hall.
Prom Imperial Cons, of 81
Voice Culture, 1M W. ai
Pianist mrtrl Tr.her.
Slelnwsy and Aeolian Balls.
Riv. I. STEINIEMI
Hludlo, ion W. Ill jj
JAMES MnVI M Concert Pianist Tescoil.
j. ssssjssMtn k SO Carssfle Hall.
JANET WILLIAMS $82'
Ftiirma Cirrina ' :twfi.
mwimmmm M...sv evil nl
all. oo W.tUjJ