Newspaper Page Text
THE SUN, FRIDAY, MAY 30, 1913.
FRIDAY, MAY HO, 101.J.
Petered nl the Post omre l Nw Yorlf as .Seiond
ClA' Mull Matter.
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hit to! in. .
Ponders of Tnr. -Srs- leaUne tmvn fnr tho sum
mer months can have the morning and .Sunday
editions dcllmed m thorn tn env pirt of thts
imintrv or I urope on tho torn stated above,
'.ddres-es rhanced as often m desired. Order
irrotish neutdealer or cltrrotly of l"uhlleatlon
lve. telephone r.H) poektnnti
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London office. nBsfbira Home, t Arundel
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Brooklyn oPre. in. IJvtncfston street.
tf our friends tr ho tator us tcua nanuitnpti end
Uluttronons do poOlirnHon una to hart rtjreltd
atue'.ts relurned Ihn must in all ca'fl stnd Mnpt
tor that purpote.
Hhat Is the State of the Railroads'.
Ill support of their application for per
mission to raise their freight rates tho
railroad managers assert that UKt.Ia.t i o
and administrative interference1 with the
operation of their Imsinoss. ronstantly
increapinp; wage prhedules and tho ris
iugrostof all supplies how put a strain
on their treasuries that cannot 1 met
from their present ineonier. The efleet
of egi(sative interferonefsajejplained
in Tub St' of yesterday by Mr H O
Priest of St IiuLt, who pointed out
its adverse influence on investors and
Kpok forcibly for manapement by the
owners without deliberated nntaconL
tie intervention bv the State or Federal
t present the employers of labor in
other industries are told that if Federal
legislation isalleeod bv them asa cause
of slackening their activities, redlining
pav and curtailing expenditures, the
inquisitorial power of the (lovernment
will be u.-ed to disclose the facts and to
make plain exactly what support their
contentions have. Tf this raurse is to bo
adopt od with relation to men who haw
tin public franchises, why should it not
be applied in the ease of the transporta
I'nder the interstate commerce elanso
of the Constitution thx Government
has power broad enough to cover any
investigation that may be desirable
In the Interstate Commerce Commis
sion it has an agent, fully equipped to
-arry on the work Through its inspec.
tors the commission could gather and
compile the statistics needed for intelli
gent studv of the effect of all reforma
tory and punitive statutes and rules.
Vlierein they have resulted in waste,
wherein thev have served a good pur
pose; which are necessarv and which
me unnecessary: the facts might be set
fotth. to be utilized afterward forth"
improvement and completion of the
measures bv which the public exercise?
Us control over the railroads. The in
qutrv should be undertaken In a spirit
of judicious curioitv, not to bolster
a preconceive theory. It should be
carried forwatd without malice, but in
Bv such a quest a mass of material
of genuin value to legi-lators and
administrators would be acquirerl and
made available. To-rlavtio individual
or institution in tho eountiy possesses
the informal ion it would bring together.
Would not tliH result bo of inestimable
advantage to the railroads that servo
the public and to tho public that sup.
port1? the railroad?
Put On the Brakes !
Mayor (SAY.von, speaking to his col
leagues in the Hoard of Ktimato yes
terday, made the subjoined serioiit
btatement on a subject of the utmost
concern to every resident of the city of
New York :
"Hoforo I vote on t his rrnpoitlnn I jro
poo; to r-onililor mot earrfullv whether we
oilulit tn gn Into It U nil.
"We urn on the vi-rtfe of our i rnllt
"1 lie iipri'intlnn of roul rtnt- value
In the comltiR year will lie wiy h!lt;ht
"1 tlo not see how the renl entnte (lepre
Ion thnt now trWt can last for n than
Not only is the city of Now York "on
the verge of it credit," but Its commit
ments are so vast as to hold out no
promise of relief for many years to rotne.
lis debt, if not crushing, has reached a
we thai will compel tho most cautious
and expert financing to meet tho ex
penses of its service and ptovide for the
udminist rat ion of t ho cil y 's rout Itic net I v
ities. The condition of the real esiato
market is lar fi otn reassuring. On every
hand are warning signs that only blind
lolly and stupidity would disregard.
The time has. tome i o put tho brakes
on city expenditures.
The New Article In t he Simlt arr foilr
The amendment to tho Saunnry Codn
affecting tho inoculation of human be
ings with living bacterial organisms
adopted yosterduy by the Hoard of
Health, while written in general terms,
is admittedly designed to suspend tho
operations of tho owners of Dr. I-'riku-
HICII I'ltA.SY. FlllHl.MA.V.V'H ailll-lllber-
t'Ulosih seniin.wlio have opened an insti
tute for us administration in this cjiy.
I'nder Up. iii sniion of Hie code I he
II'I'M! trout Will I. nt be J,r.,M le(l ,,1,1,1 ,1
has I ' i ll silhliHtted M. j,m f
HeahJi and has jeceived the apPioal
of that body.
This at t ion of the hoard is a logical
xrrcwe. of its protects o function iii'bc-
half of the community. The terms on
which the treatment may be adminis
tered aro neither onerous nor unduly
restrictive. They arc designed to com
pel tho vender of the serum to disclose
to an unbiassed and competent author
ity its composition and the method of
its production before It shall be offered
for sale to the public. ,
The Board of Health has done its duty
and nothing more In tho matter of the
After a suspension of several years,
which has not dono tho American thor
oughbred any good nor improved the
breeding of horses, and has certainly
taken some color out of Ilfo in New
York, racing will bo resumed to-day at
Belmont Park, tho most spacious and
picturesque courso in tho world. Tho
brilliant colors of familiar owners will
be seen at tho post, tho barrier will go
up, and the thrilling shout of "They're
oil ' " will be heard again.
New Yorkers dearly low a horse
race, from the first stride for position
to the flashing of the Jockey's number
past the winning line, and tho closer
the finish the better they like It. In the
sport Itself there is no vrm, no re
proach. It stiiB tho mo. and charms
the ey, and as a recreation it takes and
keeps people out of doors.
The racing meetings will be an ex
periment In New York this season. It Is
to be demonstrated whether the public
likes the sport for its own sake as a spec
tacle and will patronize it in spite of
tho fact that bookmaking is barred.
Under tho decisions of the courts wa
gers between individuals are not pro
hibited. They must be made orally,
however, and not recorded, nor must
odds be posted. Notes of bets between
individuals can be made. All tho well
known paraphernalia and practices of
professional bookmaking are under the
ban, anil tho law is to be enforced.
Tho united racing associations in
tend to haw clean, legitimate sport on
their tracks, and the public can help
them by discouraging bookmaking.
Patrons can enjoy the tine racing pro
vided without betting, but if they think
a wager indispensable to their pleasure
it is within their right under the law as
the statute is interpreted.
A Itcpular to Krvollltlonlt.
The revolutionists who. under the
banner of the Industrial Workers of the
World, and Us motto, "No (Jnp. No
Master," invaded Now Jersey to destroy
the government and put tho citizens at
the nvrcy of anarchy have been re
pulsed. Their conduct estranged from
them the, support of the law abiding.
Their violence cost the ignorant and un
happy workers whose cause they used
as a cloak for their own purposes that
public sympathy essential to success in
any industrial dispute.
No other interpretation can be put on
tho present situation in the silk industry
in Passaio county. Tho strikers them
selves tire convinced of tho hopeless
ness of their struggle under the man
agement imposed on it bv Haywood
and his lieutenants. The effort to
coerce the ofllcers of justice has ut
terly failed. Theattemptto intimidate
the courts and paralvze. the police
served onlv to aroue the law respect
ing citizenship to an understanding of
the danger that confronted it
Soon the looms will be in operation
again, the Industrial Workers of the
World agitators will have disappeared,
and nothing will bo left to remind New
Jersey of their visit except n stronger
and more general realization of the
futile nature of that organization's as
sault on socio) v, and a wider recognition
of society's power and determination
to protect itself.
As the fiftieth anniversary of (iettys
burg will be celebrated by the veterans
of both armies in liitle more than a
month. Memorial Day has a special sig
nificance this year. It recalls the great
est stnigglo in the long conflict and its
efleet upon the fortunes of the Oonfed
eraijy more than any other bat tie or cam
paign, and the (Jettysburg survivors will
naturally be conspicuous in tho exer
cises, This will be a summer of preg
nant recollection to the old soldiers of
the North and South with Memorial Day
and the joint (iettyshurg celebration
coming so near together.
Cook County r'rrt.
Chicago is evidently under the im
pression that most of tho burden of the
tariff bill is to fall upon Cook county.
We read that "without doubt the Stato
leadsallotliers in the fight on the Dem
ocratic measure." Also that "nearly
every industry in the Stato insists that
it has good cause for complaint." When
and on what occasion did Chicago over
complain unjustly or from selfish mo
tives? It might just as truly bo said
that Boston does good by stealth and
blushes to find it fame.
It seems tliat ono of Chicago's chief
sources of solicitude is the duty on ele
phant tusks. We understand that tho
I ndcrwood bill levies 20 per cent, on
tusks and .10 per cent, on the manufac
t in es thei eof. Of course this Is good
cause lor complaint." Wo take it that it
afler ts f hat vast horde of the plain tx-ople
who finger tho ivories, as The Bronx
would put it, and we do not refer to dico
box experts, but to those undoubted
geniuses who improvise in tho flat tip-
stall's. Beyond question, too, tliii un
just lax on ivory falls heavily on eso
teric chess players. It may even hit
; purple vented poker Nabobs pretty hard.
How will the dandies on Michigan Roiilo
vard stand it?
Another of tho main Items, wo aro
speaking seriously, that has pet tho In
dustries of Cook county ugog is tho
demand for a better classification of
briar loses, partieularlv tho "Hosa
rugoKii, indeed, we read that violent
protest-! have been inndo in regard to
"'bulb-', plants, trees and pineapples.''
s we lire wry tond or pineapples wo
agree that "the cause for complaint is
good," also juicy.
Perhaps tho most overwrought co-
terlo in Cook county Is the American
Horticultural Company of Chicago.
From what wo can learn tho causo for
excitement Is that tariff framers are
never choice and precise in their use of
words. As an Illustration, it appears
that Section 219 rates "greenhouse
plants" at 25 per cent, ad valorem and
Section 220 provides that "greenhouse
stock" shall bo taxed IS per cent, ad
valorem. Cook county lexicograph
ers, whoso profession is horticultural,
dcclaro that "greenhouse, plants" and
" greenhouse stock" are ono and tho
some thing. Once a serious student
asked Professor Kittiiedob If ho
thought that Siiakf.spearc's plays were
written by him, and ho replied: "Yes, or
by some one clso by tho same name."
Our notion was that when a horticultur
ist bought somo rhododendrons thoy
were "greenhouso stock," but that Hie
moment a customer appeared they be
camo "greenhouse plants and that the
only thing that'ehanged about them was
the size of tho figure on tho tag. Many
words are more costly than others, just
as certain forms of pronunciation come
much higher than others. Ask an Ital
ian restaurateur In old Greenwich Vil
lage for a portion of endive salad and
pronounce It one way and tho price is
twenty cents; pronounce It "en'dlv and
he price Is forty cento. What would
tho Chicago horticulturist!! have to pay
If Mr. Underwood taxed pronunciation
Light From the West.
Elsewhere on this page TnE SCN
prints to-day tho message of Governor
Lee CRCCE,of Oklahoma, giving his
reasons for vetoing a full train crow
bill similar to the measure on this sub
ject passed by tho New York legisla
ture at its last session and sigscd by
Governor tSt'ii.Kn. We commend It to
those who have regarded Oklahoma as a
wild and woolly corporation baiter, that
they may read and revise their opiniona.
Tho good sense and sound reasoning
displayed in this document need no
reenforcement bv anvbodv olse. It is
obvious that Governor Cnrcr. studied
the arguments against the proposed
law ns well as those in its favor. Can
any reasonable person find fault with
the position he assumes?
And New York is thus rebuked br one
of the youngest, of her sisters In the
Union of Stutesl
The Srrvlan-Hiilgarlan rrll.
Peace between Turkey and the Balkan
allies seems now to be assured, accord
ing to despatches from Ijondon, which
say "it is practically certain that Un
delegates of Turkey and Bulgaria will
sign Sir FDWAnn Grky's preliminary
draft of a treaty to-day. Servia, Greece
and Montenegro aro likely to fall into
line with very little delay. The con
summation would add something to the
prestige of the Concert of tho Powers,
which has been dimmed by checks and
rebuffs and in pne case actually by a de
fiance; but to call it an absolute triumph
would be a little premature.
There would remain the reconciliation
of Hulgaria with Servia and Greece, n
problem that is likely to test all the
finesse and firmness of tho Powers.
Bulgaria shows a disposition to leave
Greece in undisturbed possession of
Salonica by turning tho question of
jurisdict ion over to the Powers. Greece,
however, claims Salonica by right of
conquest, having made no such com
pact with Bulgaria as Its Government
made with Servia before hostilities with
Turkey began. Tho Powers could not
dispossess Greece without risking a
nipturo of the Conceit. It is Servia s
repudiation of a treaty concluded with
Rulgaria on September 27, 1012, that
creates an ugly situation and gives rise
to pessimistic apprehensions about the
ability of the Powers to keep tho peace
between them. By the terms of that
compact Servia agreed that in the event
of a successful war with Turkey her
sphere of influence was to bo defined by
a line drawn from the Turco-Bulgariau
frontier near Kustendil to the northern
most point of Uike Oehrid.'i, the country
south of thai, line, including the towns
of Voles, I'crlepe, Monastirand Ochrida,
to bo in the Bulgarian sphere.
At the end of tho lighting with
Turkey the Servians found themselves
in possession of Oyevgeli, only seventy
kilometers from Salonica. All the in
tervening region, including Monastir,
a city of great strategic and commercial
importance, wan under their flag. The.
army cared nothing for the treaty,
which was considered a rough draft for
military purposes, and loudly clamored
for tho retention of tho country occupied.
In the end of April tho Government ut
Belgrade was showing signs of yielding
to the army, and the speech of tho
Servian Premier to tho Parliament on
Wednesday, in which he gave notice that
the Government desired a modification
of tho treaty with Bulgaria, must bo ac
cepted as conclusive evidence that Ser
via will not evacuate the territory taken
unless expelled by Bulgaria or coerced
by the Powers,
Tho Concert lias hitherto been able to
pool its interests and deal sanely with
problems tliat tlireatened to involve
Austria-Hungary and Russia in a war
with dreadful possibilities, and it would
therefore hcem practicable to satisfy
both Servia and Bulgaria by a compro
mise which would be made an ultimatum
by the Powers. It may bo assumed that
moral suasion has not bcon their only
weapon in negotiating with tho Balkan
combatants. Unfortunately Pan-SIavist
influences aro at work, and Servia may
tie instigated to domand more than Bul
garia in her desire for peace Is willing to
There ore othsri, for the moat part women
not ot tho working cltaa, who support with
apparent eurnoatnnss tho purveyori of
popular fiction and biography, and eiTen
patronize poetry and grnteel social philosophy,-
It. A, Hcott-JaMKS in the A'orli Amtr
What gave you the impression that tbn
women are not of the working class? To
our mind any one who roads "Kentool ho
cinl philosophy" for one hour must rent
for tho noxt twenty-three. And have you
ever put yourself on a'diet of popular
fiction "with apparent earnestness and
not felt that you were working overtime
and should be paid for the "extras"?
Some day Ihoie "women not of tho work
Inn class" will be rated nt their true value
They work harder, unconsciously per
haps, than twwity men In the ditch with
a "itrowler" handy.
The report of the Senate committee on
the conduct of the Washington pollco In
guarding the woman's suffrage pfigcant
last March Is that the police did ns welt
as they could with u crowd of holiday
makers beyond their power to control.
Individual patrolmen of tho regular
establishment nnd some of the special
officers employed for the occasion were
lacking In efficiency, but the force as a
whole did all that could reasonably be
expected. It Is plain that some of the
tales told to the committee by victims of
the boisterous did not command credence
In their entirety. The lesson of the dis
order le that first class parades should
be undertaken only In first class towns.
WOMEN WHO GET SEATS.
Snobbtshnet In Men Anlgned fer tbe
Fluctuation of Courtesy.
To tbs Kditor or TnK Sc.v Sir: After
reading "A Ilualnea Woman's" letter In
Tne 8cm I do not oueatlon her premises.
1 decidedly question tier conclusions.
It has been my observation that men
never get up to give a business woman a
seat Man's chivalry nowadays la only
for the woman of leisure. That la the
whole thing In a nutshell and that Is why
man's politeness varies with the time of day.
The time of day baa nothing to do with It,
In my estimation.
But what I hare often puzzled over Is
why do men give up their seats to women
shoppers and women theatregoers when
they would not think of giving It up to a
buMness girl either to or from work?
Is It bacauaa the majority ot men are
Is It because they are so narrow minded
that they resent the fact that so many
women go to business?
U It bocauao they think that If a woman
pill lieriwlf on a level with them by goine
' buMness she must enpert to receive the
ame treatment a mn?
I It because the women who gn to the
theatre nt nlsht are better dresoil nnd more
attractive than the simply dressed business
Of courne, very often It Is the hulne
girl herself who gets a seat at nlsht when
she emerses' from her chrysalis ami be
comes a butterfly. I myself am a bulness
unman. If I on my nay home from the
offl got ofl at the stores unci then get on
a i ar with bundles In my arm", I sometimes
get a sent, and smile to myself, for I feel
that I am getting the M-at undr false pre
fences, knowing that the man thinks that
I am a lady of leisure out shopping. Now
It Is my opinion that a person of that sort
who travels during the rush hnurs Is the
last one who might tn (ret a si-at So evi
dently Justice lias nothing to do with t.
What do ynu suppnse . the renl reason?
I suppo-f. the tuen theme,.i could answer
One thing I nm convinced of When
women tot the vote thev lll all be ac
corded the same treatment In the matter
of seats in cars that the business girl now
receives. When that day comes man's
chivalry will be non-existent. That at
least Is the opinion of
A NOT II Kit UfSINFSt WOVAM.
r.ixcoi.X'S uETTrsnrna xmvs.
First Tidings of the nattle I'amr From a
To Tttr. Kiiitor or TttK HfS- .Sir The
near appronrh of the anniversary of the
battle of ",etuburg brltn; up a good deal
f discussion concerning tliRt event 'I here
lias been btnulry as to hcn President Lin
coln first heard of the battle i his suggests
an interesting episode recorded b Secre
tary Welles in bis "Diary" hs follows.
July . Satuntsv- t wis called up nt mlilntrht
pre!ply by a meenffir with telofrain from ll
Instnn, il.itod At I!anoer Station, stating that the
mftM terrifle hattle of trie war was helnff fotuht
at or near Cettrstmrg That ho loft the neM nl
half past a V M. with tidings and th.t oiorythlnj
lioWo.i hopeful, ihc President was at tho War
Heparin. ent when this tterpavh. which was ad
dressed tome.was trrelvetl it wm ihr first word
nf th- groat conflict Nothing had rnmo in tho
War Department. There ceen's tn hae hcen pn
Mstcm. nn arrangement for prompt, eonsiant nnd
speedy lntelllcni e. 1 had remained at tho War
Departrnonl fnr news until annul II fmne half
an hour later tho despatch from Hlnetnn tn me
ramo nor the Iwlros, hul nnthlng frnm any nee
tn .Maninn or Ilallork Irte operator In the War
Department ae ihe dopatrh tn the I'ro.ldonl,
who remained, He asfced, "Who Is lljlnclon'"
None In the Departrnonl l.ne anything nf him.
and tho l're.-tdonl telegraphed tn llanner Ma
ttnn asl.lne 'Uhn Is Uylngton"" "Ihe operator
replied. Ak tho Sectotary of the Nay" I In
formed the President that the telegram wa reli
able. nlncum ts the edHor and proprietor of
a workly paper In NnrwalW ti'enn ), acthe and
stirring Is sometimes emplojed hy the New ork
TriVino, and Is riniitillesa so empln oil now.
The Information this mnrnlng and despatches
from drncral Moadr confirm Hj In g ton's telegram.
Theie la muih inntuslon In the liitelllgeni e to-
ceUed. The Information Is not explicit. great
and bloody battle was fought and our army has
the he-t of It. hut Ihe end l not et l'erythlng.
howeer. looks rni'nijraclng.
The liunpnolty of the Wnr Department
to receive news promptly Is emphneled all
through the "Diary." K T W.
Nkw York, .May :.
Kt. John's Chapel.
To tbk llntTor. ok Tnr. Sun .Vir 1 read
with great Interest the editorial article in
yesterday's Si'.v entitled "St .lolm'e Chapel."
If Its fate Is In Mr. McAneuy's hands I hope
lie will gtveTiecd to that timely editorial artl-
cla. The chapel N, I believe, the only replica
in this country of old St, Martin a In the
Fields. London, Its heavy columns nnd time
stained facade are very beautiful. New
York can't afford to lose the line old front.
Will not Trinity Corporation, with ull Its
power, use It to save tho front of old St
Johu'? TnE Scv gave much apace at the
time Ihe chapel was closed to correspou-
dentswho protested sgulnst Trinity's attl-
tudefand policy Inclosing the chapel when ho
many of the utteudam wished lo have tha
chnpel kept open. The beautiful old organ
should be preserved, I'ow people know the
organ was shipped by water from Philadel
phia In 111?, and Ihe vessel was raptured by
a Hrltlsh frigate and taken to London. Af
ter two yenrs it was returned to New York
and set up In the chapel, II E. K,
Nr.w York, May 2S.
lo tub Editor or Tits Sns .Sir.- What
are the Albanians? How do they differ from
Do the Servians and Itulgarlans speak tha
aame language, and how much Is their lan
guage llko Kusstan? I
A Htvdrnt or Histobt,
New Yore, May
Strew the violet, strew the purple hearts
ease, Strew tha feathery plumes of the fragrant
O'er the greening mounds where the brave
These for the victors,
These for those who won fn the last great
Conquered death, and found Ian Immortal
Flowers, not tears, bring these In the joyous
These for the valiant!
Memuiy, hold Iheui close In thy mcrrd
One are they with nil of the earth's fresh
Heirs of life and heirs of the olive crown of
PATESTX tS SV THEME COVRT.
Reform Adtecated In Com re Effected
t'mler F.xlstlng I,.
T,i ma. f- mine nr TlfR SUN Sir." In the
Jssnatogen patent case (Hauer A Cle. vs
.tames O'Uonnell), decided by me unnen
States Supreme Court on May 21. 1913, the
court refutes the contentions of two oppms
Ing groups, the enthusiasts, who have util
ised the patent system to maintain price
fixing schemes that otherwise might vio
late the Sherman nntl-trust act, and the
malcontents, who have charged the patent
system with sheltering 'restraints of trade
In defiance of the Sherman act.
The court holds that the patent system
cannot be utilized to maintain price filing
schemes which If applied to unpatented
goods would transgress the Sherman act.
The court shows that the patent laws, as
construed by the highest authority, cannot
shelter any restraints of trade which If re
lating lo unpatented goods would violate
the Sherman act.
For the third time within about sU month
the United States Supreme Court has em
phatically demonstrated that the existing
laws, without the necessity of any new
legislation, are sufficient to prevent every
alleged abuse of Ihe patent system, for
which Congressman Oldfleld and his fol
lowers, fn Congress and outside, have for
months been urging radical legislation
The grounds on which the Oldfleld hill
was recommended by the House Patent
Committee In the last Congress were, first,
that the trial of patent causes, in the courts
was unnecessarily expensive and prolix;
second, that the existing patent laws af
forded a shelter from the Sherman aot to
combinations In restraint of trade, and third,
that the existing patent laws gave to manu
facturers of patented articles the right to
enforce fixed retail prloes which the Sher
man act denied to all other manufacturers.
The committee promised to prepare In
the near future a bill to remedy the first
practice, and offered the Oldfleld bill as
the remedy for the second and third prac
tices. The Oldfleld bill proposed to correct
the second practice by applying to patents
a sort of wholesale "condemnation" with
out any of the usual safeguards of "emi
nent domain " Any one who had acquired
a patented Invention and had not suc
ceeded In introducing It commercially
within three years might be haled before
a Federal District Court, sitting as a sort of
"condemnatlon"court, with Jurisdiction over
all vested rights In patents, mid there be
compelled to grnnt a license to any appli
cant, upon any terms the court tnla.it "deem
Just " Ihe Oldfleld bill proposed to correct
the fhird practice by forbidding manu
facturers of patented goods fit retail
prices, or to enforce by Infringement suit
any license restriction devised for this pur
pose, Wllhln half a year the I'nlted States
Supreme Court, simply bv interpreting
and applying existing aws, has effectually
corrected each of the three practices for
which Congressman Oldfleld and the House
Patent Committed had urged this radical
In November last the court promulgated
the new iuli" nf euulty practh e, whii h re
formed the pro, fslure nf patent trials in
every respect In which It hud been criticised
In Congress This disposed nf the first
preteit for changing the patent laws
During the same month the court de
cided the Bathtub Case iMandard Sanitary
Manufacturing Co s. t.'nlted States,
I' S, "jo i, which, without the complicated
confiscatory device nf "cnmpul-nry license."
extended over every monopolistic combina
tion and restraint of trade Involving patents
the pi nhihitlons and penalties nf the Sher
man act "Ihe comprehensive and thor
ough i barnctcr of the law is demonstrated,"
the court declared, "and Its sufficiency to
Pi c cnl evadons of its policy by reort to any
disguise or subterfuge nf form, orthecscapc
nf its prohibitions by any Indirection.
'Ihe lidded element of the patent cannot
confer Immunity nights nn
f el red by patents are indeed very definite
ami extensive, but thev do not give any
more than other rights a universal license
against positlveprolilbitioua. The .Sherman
Uw Is h limitation of rights, rights which
mav be pushed In evil consequences, and
therefnre restrained " This disposed nf the
second pretext for changing the patent laws.
And now. In the Saniilogen patent case
Just decided, Ihe court extends the rule
laid down In fir Miles Medical Company vs,
Park A Suns Company C'.'u 1' s, .17.11, that
any attempt by a manufacturer nf un
patented goods to "fix the price of an article
nt general use would beagaitist public policy
and void," and holds that In the patent law
"there Is no grant of a privilege to keep up
prl es nnd prevent competition by notices
restricting the price at which the article
may bit resnld and the added re
hirlcliou Is beyond the protection and pur
pose nf the act ' 'I his disposes nf the
thltd and last pretext fnr changing tho
Whether the Dr Miles case and the Sana
logon patent case, with the sanction they
aflord to "cutting prices" and ruinous com
petition, expre.-s the policy that the country
really wants, and whether these decisions
should be nulllfled by legislation permit
ting fixed retail prices, Is the practical ques
tion now confronting the manufacturers of
the country Hut whatever position they
take nn this question, the patent system can
no longer be charged with lending them ar
tificial xiipport and granting them special
privileges denied tn producers and dealers
in unpatented gnnd To-dav the last pre
text for changing the patent laws l,ns been
removed "The proposal to change the
law," to quote the minority members of tlm
House Patent Committee who reported
against the Oldfleld hill, now truly "rests on
nothing at all." .li iiK.x.
WasuiNOTON, D C, .May
Mngo of the Mood Old I)as of Sailing ship.
To tiik. KniTon or Tun Stw Sir: The
editorial article "deforming Salt Speech" In
Tiik Sun-Interests me as an old sailor. Tho
officers nnd men of our present navy with
a few exceptions know little of the order
which are given aboard the old wlndjam-
juers, naval or merchant marine. In "tack
ing ship aboard a deep water vailing ves
sel wn used to hear, "Hard up," "Hard
down," "Steady your wheel," "Keep her
full and by." with the weather leech of the
foreroyal Just a-llftlng. These orders with
many more were heard by the sallora of
our navy before Ihe civil war.
It Is very different nowuday. A letter to
me from theenptain of a large tramp steamer
on her way from England to llombay was
written on a typewriter while the vessel
wag steaming through the Arabian Sea.
Dewey ceased firing long enuugh for his
men to eat breakfast in the Manila Hay
encounter. There were uo aft or noon teas
for tho men with Nelson and John l'aul
Jones. No supply ships followed their
fleets with porterhouse steaks and ice cream.
They were luoky If the "harneas cask" did
not contain "salt horse," with now and then
an Iron horseshoe attached to a hind quar
ter Sheath knives were used to clean the
teeth Instead of tooth brushes, and the
ofllcers had no porcelain lined bathtubs.
There was an odor of grog, profanity and
tar ever present above and below decks In
the good old days. Arikoton II, Carman.
Patciiooue, May 28.
Roadside Apple Trees,
To thu I'.DiToa or Tua Si'N-.s'ir.' If Ur.
George Partridge, whose witty letter appeared on
Ihe edltoilal page 'IMrsday morning, would lake
a motor trip through Germany he would tlnd.aa
Ur. William Hlushaw said, "miles and miles of
apple trees" beautifully pruned, sprayed and la
perfect condition. Why Imply that the American
boy la leaa honest than tho fierman boy; "the
honesty of ihe people la so great that the fruit Is
never nnlen"t la Germany It la a Government
proposition, selling the fruit lo varloua cob
tumor a and using the pniceeda lo keep the
wonderful roada In perfect repair. It Is a aad
coininetilary on the American fnrmri that the
trees that greet our eyes la this country are as
Mr. I'arlildge deacrlbea, "unsightly rowa of un
trimmed fruit trees bedecked with nest, of creep
ing caterpillars." 11 r. Hlnkhaw was good enough
to give us a vision. Pan Uono Pdilico
NawYoaa, May .
UOHT FROM THE WEST.
The Oklahoma fJovernnr's Vete ef the
Frill Train Crew HIM.
from the Wall sitttl Journal,
The Legislature of Oklahoma recently
passed a full crew bill which Governor
Cruce vetoed. The Oovernor's message ac
companying his veto follows:
"I have studied thU bill from every angle,
and the more I havn studied It the more 1
have become, ci uvinced that It should not
receive my ap oval, In the enactment of
thU bill It Is mily the railway companies
and their employee that have been con
sidered, The thousands ot people in this
State who travel upon the railroads and
ship their products and merchandise over
same have not entered Into the discussion.
"This fact, however, must remain after
all has been said, that every dollar of ex
pense placed upon ruilway corporations In
Oklahoma will ultimately he paid by those
who patronize the railroads. The cost of
putting this bill Into operation Is estimated
by tho corporation commission at some
thing like I3SO.0OO, while the cost is esti
mated by the railroad companies at more
than 1400,000. Whether It be ttno.ooo or
tloo.ooo, that amount in the end will be paid
by those who use tho railroads.
"Another thing I have learned to believe
l that those who have made a lifetime study
of railroad operations are better Judges of
the proper method of operating them than
1 am, and t believe that this Is equally true
when applied to a majority of the members
of any legislative body. The trouble In
Oklahoma Is, and has ever been, that In
dealing with publlo service corporations
we have assumed to know more about how
properly to operate them than these who
have given the matter careful atudy.
"Publlo service corporations need to be
regulated and need to be controlled. Okla
homa ha undertaken to do this by the
creation of a corporation commission and
has clothed that commission with unusual
authority In dealing with such matters.
That commission, after having studied this
question, Is better able to place suitable
regulations upon the railroads than Is the
Oovernor or the Legislature.
"The practical effect of this bill would be
to give employment to a number of railroad
men without Increasing the efficiency of the
service, ajid would be supplying positions
for three men tn do the work that can tie
doneby two It Is entirely In harmony with
Ihe principle that has prevailed In this State
of creating an army of officials to do the work
that ought tobedoneby half the number of
"This Legislature has set Itself lo the task
of reducing the number of officials drawing
salaries from theState, and a herculean task
It Is proving It is certainly Inconsistent
while dying to curtail the number of useless
public officials tn increase arbitrarily the
number of railroad employees who In Ihe
end must draw their subsistence from the
same source that Is now drawn upon by these
useless public employees."
the out Asron hovse.
A Proposal That Its Fine Architectural
Features lie Hcprodiieecl.
To tiik Km I OR or Tun Sc.v-.Sir; Hie
passing of the historic old Astor House, "Ihe
downtown lintel," prompts the suggestion
that its familiar entrance, lobby, rotunda
and second finnr corridors Hnd rooms with
the grand stairway be perpetuated on the
same site. If the structure replacing the old
building Is to be a modern hotel. All these
features are Inglcal and dearly familiar to
the habit ucs of the house. ' he cafe rotunda
nt the rear of the ground floor nfllce. elliptic
In form, with Its graceful groined celling, Its
"composltvclast.il detail nf columns and pi
lasters, Is one of themost distinctively beau
tiful rooms In America. Carefully repro
duced with such enduring materials and
handsome color scheme as mark, for exam
ple, the great vaulted concourseof theOrand
Central Station, this elllptin rotunda of the
old Astor House would be saved us a decora
tive concept of high worth In our American
architecture. Ai.nm-r Win-slow cohb.
Si'niMiKll'.l.n, Mass.. May 2l.
Old Fashioned t'ourtesy of the i:mplores.
To tiik Editor op The Si's .Sir; The
pleasing notice in Tiik Svs to the effect that
the old cmployeea of the Astor House ro
tunda wern to continue their vocations in
new surroundings recalls what to me was
one of the pleasantest features of the old
place, I mean the dignified courtesy of the
employees to each olher ns well as to the
patrons. It was unusual In a busy lunch
Did you ever notice that there were no
Mikes, Jims or Pats In the Intercourse nf
the employees? It was always Michael,
James or Patrick when the patron climbed
on his stool nnd passed the time of day with
Henry or Joseph, the counter man. His
order was taken and transmitted to the
a-sistniit In this way
Michael, bring a mm of Pass for Judge .Tones.
James, a cup o" cortee. half milk, for Commis
Dennis, sir.iwhcny short cake, plenty n' cream,
for Colonel llrnwn.
And Michael, James and Dennis when
returning with lh order would address
the inuntermnn as William or Joseph, not
Ulll or Joe.
'Ilicn were the little things that helped
to make Ihe surroundings pleasant and
More power to the Astnrian! May they
prosper as thry deserve In their new sur
roundings' Jamfs j, Durrr.
PiTtsncRn, Pa , May ...
A Gigantic Problem.
To t nt: I'.niTon or Tiik scn Sir; I'm
not a New Yorker, but I'm lor the (Hants
ahs. You've got the best baseball
writer In the business. HI "dope" Is al
ways valuable, because It's wise and sensi
ble nnd free from hysteria.
Won't you ask him to tell us what awful
thing It Istlmt Is wrong with the C.iants this
year, considering they are practically Ihe
same team thnt won two pemuints? He
probably knows, W, W, K.
ItCMHNO, Pa., May :o
The (iradgrtnd .Spirit In These sSlatat
To i hi F.pitob or THR Scn .sir; Rome ears
airo Mr W J Henderson In a criticism of "Koe
ulgsUlnder" lanieuted the lacli of Imagination of
the American people. It ha been the hope and
wish of all good Americans that with the growing
love ot music and art In thU country and the bene
fll our people are deriving from travel In Kurope
the Imagination ot Amerlrans might be stimu
lated Into an artistic rrnllty,
Hut sometimes despair shrouds one'a optimism.
It does now as I road an editorial article In Trb
Hl'N' about ihe attempt to destroy thai beautiful
bit of architecture St, John's Chapel, and for no
reason at all except Just to be a Utile more prai
Ileal and have a street as straight as Mr. (irad
grind's successful life.
The same aultlt seems tn prevail In New Haven.
If a rambling street with quaint, Colonial houses,
shaded by fine elm, lilting the soul with dreams
of Vllrc, St llrleux, Ituuen and other apota! that
have escaped Ihe practical sclentlllc disciples of
Ur. UcChoakumchlld. la found. It ta sure lo go for
a treeless, blistering street of straight lines and
hideous appearance. Not Infrequently some ser
vice poles take the places of the trees for which
there was no room. Nliosia,
Naw Havik, Coon., May 2.
ToTHirpiTOiorTmScN-iSir; If your cor
respondent "W. s. 11." will consult his Boswell'a
Johnson be will find that the great lexloograpber
had the same dlfnrultv as I'.llhti Veddrr In under
atandlng sea talk. On visiting a warship he
asked the purpose of a particular opening In one
ot the decks and was Informed gravely by his
entertainer that In that apace Ihe lollypop rnaa
kept hla lollypop. Tha Information was not sat
lafactory to the Irascible old doctor, and no doub I
confirmed his often expressed dislike to sailors
and the sea. A ship, he used to aay, was a Jnll
with the cbaace of being drowned thrown la,
Loblolly I a variant form for lolli pop.
Nkw Vogg, May 58. x. N, J,
A Sicilian Commuter.
Damocles taw the suspended sword.
"I prefer It to a suspended lawn mower,': b
Thus we Inferred that he lived Is Ike Mburks.
GARY SOUGHT IDEAL
IN BIG CORPORATION
Hhs Rppn a Factor In Kpppinc
Steel Trices Down, lp
OUT WAGES ONLY OM r;
Followed Competitors in li f
but Led Them in Mnkinir
B. If. Oary made It plain ofeMd,
afternoon that If tho Government shoul'i
ever Reek for the Individual rrsponsii,:e
for the policies) of the United Stales
Htecl Corporation, with a view to takinr
any other action than a civil suit J,
dissolve the big corporation, h w,n
easy to find. The particular person l
whom Judge Clary referred Is himself,
the chairman of the board, the chair-'
man of the executive committee, thi
chairman of the finance commutes, it
answer to a question of Richard V,
Llndabury before Ppeclal Examiner
Brown ho replied:
"The principal queitbns, the larxs
questions relating; to all the corpora
tions, have focussed In my office
for a great many yearn and It wa
necessary for me to know about them"
The witness went further tha.i that
In his explanation, for ho made It pUn
that under the rules evory question nf
operation, every question of policy,
everything except the details of B,
ministration, all came to the flnanc
committee, of which he was the had.
nnd by virtue of bin position lie cams
near being tho centre of all powet.
Except for some questions at tha
morning session which related to t ,
formation of the Steel Corporation. nn,
u few more about the extent to whici
tho companies combined In 1901 com
peted. Judge Oary devoted tils tltn on
the witness stand yesterday to setting
forth the policies, purposes and results
of the orRanlwitlon of his company.
With Just a suggestion here and there
bv Mr. l.lndubury und nn occasional
objection from Henry Colton for th
(lovernment he epoke steadily, and Inci
dentally he used eome letters of Andrew
Carnegie ns n text for a dissertation r,f
what the policies of the company wets
It was during: the troublesome days
of 1S99 and 1900, when a treat Meel
war appeared Inevitable between tha
Carnegie company and the newly organ
ized Federal Steel Company. Mr. Car
negie was over at Hklbo Castle, Scot
land, and he wTote letters) to his board
of managers In Pittsburg. One letter
was dated December 20, 1898, and con
cerned American tin plate. The Iron
master spoke of an armed neutrality, If
that were possible: It an advantageous
arrangement could not be made, then
light. He quoted Richelieu to tn
"First all means to conciliate! xanini
that, all means to crush."
He threw In a little 8hakespre
about "comlnc with gentle peace tn
your right hand." and added: "But after
peace Is none the worst policy In the
world Is 'Kentle war.'" Mr. Camefls
from the nerles of lettera was ready fer
peace or war. but alowc In June, 190C.
ho wrote: "It Is Inevitable, and it !s
to bo a question ot the survival of ti e
Judge Gary read extracts from all
theso letters and added emphatically
"That has not been our policy. We
have never proceeded upon that prin
ciple. Wo have never sent our com
petitors Into bankruptcy to keep o'ir
mills going; we never shall."
They had sought after an Ideal n
the Steel Corporation, tho witness said
they had not attained It. of course, but
thoy were always Inbortns; toward that
end. "Wo have made mistakes from
tlmo to time," ho said. He added tint
managers and presidents of mbsldls
rles from overenthuslasm had ior
things which tdioulrt not hae boon
done, but ono of their policies had
ever been never tn Ignore or defy run
lie opinion. Ho Illustrated this In a
iliSfcrtiitlon on rebates. Principles ha1
changed In the last twelve years. puM'e
opinion had changed, nnd business men
had to cIiuiiko with them.
"Many years ugo," lie said, "we ho.
camo afraid that Homes of our subordi
nates might bo tempted tn accept re
bates. We illf-cussod this at a meet
InK of tho finance commltteo nnd as a
result I dictated n letter for our presi
dent, as I frequently did. requesting
him to wrlto to nil tlm railroad presi
dents, asking that no rebato bo given
and none offered to any of our sub
sidiaries. We requested that the presi
dents notify us If any subordinate
should demand such rebate. Copies of
these letters were sent to our official!
and thus It became known that the
practlco would not be tolerated. I msy
add that the railroad presidents were
Informed that If the practlco had been
Indulged In steps would be taken to
Thereafter came the policy part of
tho testimony. Hummed up. he declareJ
that tho I'nlted States Steel Corpora
tion has favored stability of business
as opposed to demoralization of busl
nfis. It has desired to i-ell as low as It
could and to reduce prices when !'
could. It has endeavored to prevent
unreasonable lnoreaee In prices. It has
been n. decided factor In keeping pries'
down and It has prevented sudden anJ
violent fluctuations in business.
Stability ot business, he eald. is be'
not only for the consumer but for t11
employee. The company haa reduc
wages only once, but It did that onu
after It had passed Ha dividend on K
common stock. It first Increased wag"
then restored the dividend. It has
ways followed Its competitors In reduc
ing and Increasing prices and In re
duclng wages, but It baa led In increas
Judge Gary ovtll take the witness
chair again on Monday morning.
SEX ATE ACTS ON COFFEE TPVSTt
Calls on Attornir-Qeneral
WaiRiNOTo.v, May flenater Karffj
of Nebraska presented m resolution In tM
Bonate to-day calling on tho Attorfry
(leneral to transmit to the Benate ths
namea of persons who bought cofTeo unset
the valorisation syndicate and ihe lira
Mr, Norrls offered a resolution pa
May 22 asking Information as to wh"
proceedings against the. trust were ct.f
missed. The reply was that the case w"
dismissed because the defendants prom
ised lo dispose of the coffee on hsrnl
Mr. Norrls contends that this pn.til
was not kept.
The resolution was paased without