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No. 17,251. WASHINGTON, D. C., WEDNESDAY, DECEMBER 18, 1907.-TWENTY PAGES. TWO CENTS. } THE EVENING STAR WITH 8UHDAT MORNING EDITION. Am Mm, Utk Street ud Paanaylvaaia An> Tin Brcoing Star Newspaper Gompanj, TIKODOU W. HOTXS, tahfaat. I>ll|lil Mm: 9 lacant it., London, Zlfland.. *tw Tork Offloai Tribune Building. Chicago one*. Tint Watlaaal Bank BaUding. TV Erenlng Star, wlia the Sunday mo'nln* Mltioa, delleered by carrier*. on their own ?c. .ant, within the city at SO centa per montl). Without The Monday S^tar at 44 rente per month. By mail, poataje prepaid: De.lly. Sunday Included, one month. 60 centa. bally. Sunday aicepted. one month, 50 cents. Saturday star, one year, (1.00. ?enday Star, one year, II.SO. FOLLOWING THE FLEET Wireless Messages Off Lower Georgia Coast Today. EVERYTHING GOING WELL Responsible Japanese Paper Com ments on the Cruise. TORPEDO BOATS AT TRINIDAD Preparations Being Hade for a Great Reception to the Squad ron in Peru. Special Dispatch to The Star, by Wireless. BATTLESHIP LOUISIANA, at sea. De cember IS.?The fleet Is proceeding- over a sea. as smooth as a river at the rata of 10% knots an hour. The distance covered from noon Monday to noon Tuesday, was 250 miles. The fleet <s In rectangular formation, 4.800'yards wide, 1.200 yards deep, with the four admirals leading-, the Connecti cut, Admiral Evans' flagship, being the right gulcfce. Intervals are maintained to an almost perfect degree. At the wardroom dinner Monday night Admiral Evans announced, on the author ity of President Roosevelt, that the fleet's homeward voyage would be via the Isth mus of Sue*. The President's wireless message of farewell from the Mayflower Monday was received with great enthu siasm by the entire fleet. We expect to make Anagado Passage at noon on Sat urday. Caught at Savannah. Special Dispatch to The Star. SAVANNAH, Ga., December 18.?The wireless station in this city has been pick ing up messages from the Paclflc fleet off and on since late yesterday afternoon. Most of them are reports going directly to Washington, dealing largely with the re sults of coaling tests which are In prog ress on a number of the ships. The fleet today is steaming oft the lower part of the Georgia coast, but Is several hundred miles out at sea. The latest reports Indi cate that the vessels are nearly due south from New York city, and fully 400 miles off shore. The wireless operator on board a vessel which arrived here last night reported that he had Intercepted several messages yesterday which were being sent from Washington. One of these was a copy o< a telegram conveying the beet wishes of the mayor and people of San r'ranclsco to Admiral Evans and his men. Japanese; Comment. ^tjKlO. December 18.?The JiJl Shimpo. anNbrtf^Dendent pM>er which has a wide clrcD^ 1n intellectual and business circled'will publish an editorial article to?ort\i>w on the dispatch of the Amer !?*> Beit to the Padtic. "This is a note ^t?Wiy jiaval undertaking," the paper will m<~"one that wljl attract the attention of the world. We do not entertain the idea for evejione moment, however, that .'he purqosS of the trip is to threaten Vapai^r^^Should the American fleet visit ebese shores It will be given a most cor ral reception, worthy the special friend aki betweeni Jfc^an and the United ?*ly *ear 13 that the dls "?r trie fleet may encourage antl Japanlsm on the Paclllc coast and bring ?bout a repetition of the regrettable rncl dent at San Francisco. We trust, how IXfS' <tl?at }he United States authorities Xte r-wl"6 necessary precautions in ..Entertainment in Trinidad. *(9gk?tr SPAIN. Trinidad. December Officers and crews of the Ameri can torpedo flotilla, which arrived here Saturday, are finding many ways of en Joying themselves ashore. The officers are being extensively entertained and to da^n??d<' th? triP to Asphalta lake. An T-h-I^ ^n ^rtS*ption awa'ts the fleet, l Here will be three days devoted to rac- I Ing. polo, base ball and other sports. A i large number of the ? American officers ave been here before, where they made I numerous friends, several of whom will give private entertainments in their honor. In addition there will be a recep tion and ball at the government house t*iire ier pU c affairs of a social na ,ai?j1""ry Moore Jackson, the governor nidad. paid an official visit to the ??>a today- . The colliers Hannibal, Leonldas and Athalie are here awaitlnjr the battleships, and the Fortuna Is mo mentarily expected. The supply shin Arethusa will reach'port tomorrow. Pardo to Welcome Them. I-IMA. Peru. December 18.?The Peru vian government is making special ef fort a to prepare a gracious welcome for the American fleet when It reaches here. Special trains will be in waiting when the warships reach Callao to convey the officers and men from the port to Lima during their stay, and all facilities will be afforded for visiting the city and Its environs. President Pardo will re e* of ,Eivans- the command. dav fo towllf* tiff higher officers the flay following their arrival. He has ar ranged a hanquet In honor of theALrt e^b^so^eMlT^d, Wl" attend wlll L 25^1 '^? ,offlt'ers A grand ball Wn ^Tt.n^ . aUon8 to whl<1> have l?l, ^ f , J? 3ome residents ^r^of fha ^ t,?V4^S and the command ers of the battleships will be taken on *o? rn mSr?fln tf> Croya. a beautiful -1*|?IJ's from Lima, standing more Th. i , above the sea level. The American sailors will have an on. portunlty to witness a bull light As 4of4!^em as PO?*lble will be con lalW. win F.lnK' and ,ater the Peruvian ?Ailow will entertain their American com a pi^nk; and luncheon. oMlS Wm pn?s*nt <0 each iw. American officers a handsome ?ySSn.COnUln,nC Vlew" ,,f L.mnad8?and SENATORS CHOSEN. Members of Democratic Campaign Committee. The following Senators have been ap pointed members of the democratic con gressional campaign committee: James P. Taliaferro of Florida. Alexander 8. Clay of Georgia. William J. Stone of Mis souri, Francis O. Newlands of Nevada, Aabury & Latimer of North Carolina, Robert L Owen of Oklahoma. Robert I,. I Taylor of Tennessee, Charles D. Culberson ' ef Texas aod Thomas S. Martin of Vir ; glnia. Both Believed to Be Presi= dential Candidates. CAMPAIGN TO BE PUSHED For the Governor With Vigor From Now On. NO BITTER SKIRMISHING Between Friends of Secretary and Governor, But of Friendly Nature, Neither Fearing Knifing. The presidential situation is Tapldly crystallizing, in the opinion of the repub hereabouts, and the contest for the repub llcan nomination is taking more definite form. Events of the past two days are thought to have been of considerable sig nificance. Publication of the correspon dence between Gov. Hughes and Martin Saxe and Secretary Cortelyou's statement have bearing upon th^ situation. It is the opinion of men In congressional and official life interested In national poll tics that Gov. Hughes is to be regarded | from this time on as a candidate for the nomination, "in the hands of his friends. Mr. Hughes himself will stick to the job I of governor and attend strictly to the I business pertaining to that office. How I ever, no pent-up Utlca contracts the pow ers of hie friends, but the whole bound l less universe of politics is theirs. Campaign for Hughes. The campaign for Gov. Hughes' nomi nation is to be pushed, and with vigor, from this time on. The first practica step will be taken next Thursday night when the New York republican county committee meets and a resolution will be j thfi effect that it is the belief of the committee that the republican vot ers generally throughout the county of. New York desire Gov. Hughes "an? P?* sented to the national convention. It that resolution Is adopted It will be the initial effort toward securing an Instructed dele gation from New York for Gov. Hughes tin0'SaxlWpubll^Ved ln*The Kvenlng Star S8S2& dinner of the Republican Club In Hew York the governor's reply was generally construed to mean that he would be In .. reoer>tlve mood as to the presidential nomination, but would do nothing to for ward it which might Interfere with his strict attention to the business of his office. Governor's Bemarks. The governor's remarks to the Repub lican Club referred to were as follows: "To avoid any possibility of misappre hension regarding my own coarse, I ml?Ut My this further word: I do not seek a public office. The majority of people doubtless think that the distinction and power of office are an irresistible attrac tion. If you had been constantly in my company during the last nine months, you would see that another point of view is quite possible. To me, public office means a burden of responsibility?a burden of in cessant toil, at times almost intolerable, which, under honorable conditions and at the command of the people, it may be a duty and even a pleasure to assume, but is far from being an object of ambition. "I have not sought, nor shall I seek, directly or Indirectly, in Influence the se lection or the vote of any delegate to any convention, and, with reference to the action of any delegate to any convention there will be no suggestion or thought or Influence, protest or reprisal In the ex- ; ecutive chamber." Cortelyou and Hughes. It is the expectation of politicians | that there will be some skirmishing | between the friends of Secretary Cor- j telyou and of Gov. Hughes at :in early date, but it will not be of it bitter ( character. It will be more of a friendly ! nature, and whichever appears to be ! in, the lead need not be afraid of being knifed by the other. This situation will be in vivid contrast to the Fora- | ker-Taft struggle in Ohio, which is war to the knife and a tight to the death. It Is generally believed by politicians here that Secretary Cortelyou will be a candidate for the nomination. They are unable to place any other construction upon his statement published today. Of course, his decision will depend upon the progress of events In the near fu ture in New York. These politicians know that Secretary Cortelyou has been maintaining an independent posi tion for the past year, looking to the possibility of his entering the contest for the nomination If he should at some future time see his way clear. It Is known in "Washington that Sec retary Cortelyou declined from the out set to lend his vblce to the cabinet chorus In Indorsement of Secretary Taft for the nomination. Secretary Cortel you did not deem it a necessary tribute to his loyalty to the President that he should acquiesce In the proposition that the President might designate his choice of successor. Mr. Cortelyou con sidered that he could be loyal to the President in every way and at the same time maintain his own views as to the presidential nomination, and, if he so desired, forward his own interests as well as those of any other member of the cabinet. This attitude of Secretary Cortelyou has been known to President Roose velt for nigh onto a year. There is no evidence that President Roosevelt either misunderstood or reprehended Mr. Cortelyou's position. Cortelyou in Same Boat. ' Secretary Cortelyou's friends comment ed upon the fact today that he is In the same boat with Gov. Highes in one re spect?namely, that for the present he is going to give strict attention to the du ties of the office of the Secretary of the Treasury, as Gov. Hughes will to the du ties of his office. The game will be played by the politicians in New York 1 while the two men whose interest fise at stake devote themselves to public affairs. The Taft boomers are pressing the af fairs of their chief in many quarters. They made headway in Michigan the other day when a straw vote was taken in the constitutional convention, and an over whelming sentiment In favor of Taft was developed. The Missouri republican state committee yesterday Indorsed Secretary Taft for the nomination. The landing of the Secretary In this country next Friday will be made the occasion of a demon stration by his friends, and the next few weeks will show decided increase in ac tivity of his boomers. Jealous Murderer Scoots Himself. SAN BERNARDINO, Cal., December 18. I ?George Perry, formerly a Santa Fe ma chinist at Needles, yesterday shot Miss Myrtle Craig twice through the heart, causing instant death. He then c?n}" mitted suicide by tiring a bullet into his j head, dying an hour later.' The deed was ^ caused by Jealousy. . . ' CONTROL OF LIQUOR TRAFFIC ALLEGED CLASH OF FEDERAL AND STATE JUHISDICTIOITS. Senator Tillman Wants to Enow What Legislation is Necessary. Local Option Frustrated. Senator Tillman today introduced the following resolution and asked immediate consideration: "That the committee on interstate com merce be instructed to consider and re port by bill or otherwise what legislation is desirable or necessary to enable the states in the exercise of their police powers to control the commerce of liquors and all alcoholic beverages within their borders, so as to aid the cause of tem perance and to prevent the encourage ment by the United States government of illicit dealing in the same." Explaining his purpose in the matter, Mr. Tillman said it was to prevent, if possible, the circumvention of the laws in the interest of prohibition which are be ing generally enacted in the southern states. "Congress attempted in enacting the Wilson law to protect the people in the enforcement of their state laws, but the courts have shaded and shaded down the protection until there is practically noth ing left of it, and I want the committee to ascertain whether it is not practicable to give relief. The decisions of the courts have been on the ground that the law in terferes with interstate commerce, and It is on this account that I have asked to have the investigation made by the inter state commerce committee." Mr. Tillman holds the express com panies responsible for the evasion of the state laws. He says they are flooding the local option part of South Carolina and other local-option southern states with whisky, which is sent in from other states "C. O. D." The Supreme Court of the United States has held that such traf fic cannot be interfered with because of its interstate character. Long Discussion Aroused. "When Mr. Tillman attempted to secure the adoption of the resolution he aroused a long discussion. Mr. Aldrich suggested that the measure should go to the committee on Judiciary. Mr. Tillman consented to the change, ?but insisted1 that any committee taking charge of it should first be instructed to take the question up. "Does the senator from South Caro lina." asked Mr. Kean, "want to Instruct states what laws they should pass to protect themselves from the liquor traf fic?" ? Mr. Tillman explained that his resolu tion simply sought to define the point at which the police power of the state be gins. As governor of South Carolina he had dealt with this question. Ho want ed ?ome committee to determine how far Congress can go In limiting 'as a police power the control over interstate traffic in Intoxicating beverages. Senator Clark of Wyoming, chairman of the committee on the Judiciary, preferred having the resolution laid over until it could be worded in a -way to allow the committee to report on It intelligently. A general discussion concerning the powers of states and of the Federal gov ernment was then precipitated. Mr. Ald rlcn said the question had been before the committee on Judiciary In five or six Congresses. The Supreme Court of the United States, declared Mr. Aldrich, held that the sale of liquor was a matter of commerce and not of police. Futility of a Report. Senator Culberson suggested that a re port of a committee of Congress cannot add to or take away from the power of a state or of the federal government. The Constitution, he said, provides that Congress shall regulate interstate com merce and no act of a legislature of any state could add to o- take from that power. If It be Intrastate commerce the state alone could regulate it. "The states." he said, "will determine for themselves how far they may go and the federal eongress will determine for itself how far the national govern ment will go." While all would submit to the action of the Supreme Court of t^e United States, lie declared that even such a de cision would not add to or take away from tl? powers delegated by the Con stitution. Aim of the Wilson Law. i Senator Bailey said the passage of the 'HE MAN WITH THE BUNDI Wilson law was specifically and avowedly for the purpose of permitting the states to regulate this question of the liquor traffic. 'This was," he said, "one of those hasty pieces of legislation dashed off In a de lirium, and such laws are generally found to be wanting." He would have the sov ereign police powers of the states restored In this matte}, so that there would be no' question as to their control upon the ar rival of a consignment. That he consid ered the essential necessity. Mr. Bailey said as the law had been in terpreted by the Supreme Court of the United States the package c.S not enter a state until its delivery to ttle consignee, whereupon Mr. Tillman declared that if he should send for a glass of water the water might be In the Senate before It reached him. Mr. Bailey reminded the senator from South Carolina that "the ordinary way we talk Is not necessarily the way we write it Into the law. "So far as I am concerned," he con tinued, "It would not make much differ ence to me whether the water was in the Senate or not, if it had not reached me." He added that he had been greatly sur prised when the Supreme Court of the United States handed down that decision. Bill Introduced as Substitute. On the suggestion of Senators Knox and McCumber, Senator Tillman ultimately withdrew bis resolution and offered a bill covering the subject. It was referred to the Judiciary committee. , It Is thought that It will be some months before the committee can complete the proposed ex haustive study of this question and re port to the Senate. ALFRED SMITH ACQUITTED. Not Held Responsible for the Wood lawn Wreck. Special Dispatch to The Star. NEW YORK. December 18.?The trial of Vice President Alfred P. Smith bf the New York Central for manslaughter in connection with the Woodlawn wreck of last February, came to an abrupt ter mination .at the opening of court this morning, resulting in a complete victory for the defendant. Judge Kellogg, after considering over night the motion made by Delancy Nlcoll, for the defense, at the close of the prosecution's case announced that he had decided to direct a verdict for the de fendant. The evidence was insufficient to let the case go to the Jury in several respects, he declared. But the main point in which lie found it wanting was in falling to fasten upon the defendant any negligence that might have been shown. Mr. Smith was greatly pleased over the decision, and so apparently were the jurymen, all of whom filed by the de fendant. congratulating him and declaring that they could have given no other verdict even if the case had been left to them for decision. The accident occurred February IS on a sharp curve near Woodlawn Road bridge. It was asserted that the train was being driven at an excessive speed by an engineer of insufficient experience, and the prosecution attempted to estab lish Mr. Smith's responsibility. In the course of his' comments on the evidence Judge Kellogg said: "We must remember that we are dealing with the general manager, whose management Is general, as his name implies, and not spe cial. Under his control are 50,000 men, 7.000 miles of track and 1.500 miles of curves. His duty lay Just tfs much at Buf falo or Watertown as at New York. It was humanly impossible for the defendant Smith to know every man. car. switch, signal or curve on Ills road. This work had to be done by others. "This defendant is liable criminally only for his own neglect," concluded the court. "For all these reasons I find that there is insufficient proof that this defendant has been guilty of that degree of negligence whloh la called criminal negligence, and I advise to bring in a verdict of acquittal." Strike at Iquique, Chile. United States Consul Hanna at Iquique, Chile, has cabled the State Department that serious trouble Is threatened at that place as the result of a strike among the workers in the nitrate mines and that a force of 4.000 strikers has taken posses sion of the port and more are coming. There are no American interests Involved so far as Is known at the State Depart ment. BACK FROM PANAMA ISTHMUS COL. GOETHALS RETURNS FOR A MUCH-NEEDED REST. As Many Workmen Engaged in Canal Digging as the Appro priation Will Allow. Col. Goethals,' engineer-in-chlef of the Panama canal, and ex-Senator Joseph C. S. Blackburn, a member of the isthmian canal commission, arrived in Washington this morning, and at once called upon the President and Acting Secretary Oliver to pay their respects. Their calls were short and afforded no opportunity to discuss at length any of the problems connected with the construction of the canal; though briefly they reported that everything was progressing satisfactorily on the isthmus. Col. Goethals is undoubtedly in need of rest, and shows the effect of the great strain that was Imposed upon his nervous system as an incident to the assumption of the great task of solving the greatest engineering problem of modern times. He has been constantly employed on the isth mus since March 1 last. When the Pres ident decided to place army engineer of ficers in charge of the canal construction, guided by the experience acquired in the preliminary stages of the work, he an nounced. through Secretary Taft, that to Insure the continuance of the officers in full physical and mental perfection such as was indispensable to the successful prosecution of their heavy labors, they would be granted leaves of absence peri odically, at intervals of not more than six or eight months, and allowed to return to the United States to rest and recuperate their energies. Therefore Col. Goethals has come back to Washington on leave of absence. It will be necessary for him to spend some time in conference with the congressional committees having charge of legislation for. the canal, but as soon as that is over he will give himself up to absolute rest for about two months. Work on the Canal. Speaking of conditions on the isthmus. Col. Goethals said that they were surely "making the dirt fly." About 30,000 men were employed and more would have jabs if the appropriation were larger. Appli cants for places as skilled and unskilled workmen were much In excess of vacan cies; in fact, there were no vacancies, and men were being turned away. It was not necessary to seek laborers from Jamaica. More than 100 American labor ers have just returned from the Isthmus. They had been turned off because of lack of money to pay for the services of any more than the present force. Col. Goethels said there was no special significance in his return. He had been in the canal zone nine months, felt a lit tle worn mentally and physically, and wanted a whiff of American winter wgather. Praise of the Climate. Ex-Senator Blackburn, after spending eight months on the isthmus, returned to Washington loud in praise of the climaMc conditions there. He declared that he had not seen eight mosquitoes in as many months; that the temperature had not been excessive; that he had not suf fered any Illness, and in fact assorted that the Isthmus of Panama was almost an idea! place to live. He did admit that owing to the even temperature a person of nervous temperament would in the course of a year begin to suffer, but added that as he himself did not know what nerves were, he had not felt any strain on that account. FOR WORK ON THE CANAL. Contracts Awarded for Furnishing Six Million Feat of Lumber. Contracts for furnishing approximately 6,000,000 feet of lumber of certain speci fied sizes, for delivery at La Boca, in the canal zone, were miuje by the isthmian canal commission today. -Of this amount the Olson & Mahony Lumber Comnany of San Francisco will furnish 41)35.822 feet at $101*137 and D. L. Gillesp'e & Co. of Pittsburg will furnish 1,101,700 feet at $21,439. Senate Votes for a Recess. On motion of Senator Allison the Sen ate today decided that when it adjourns today it shall be to meet again Satur day. with the understanding '.hat on that day no business shall (>e trans acted except of a routine nature. Ad journment will then be tak?n until January ?. DISASTER AT YOLANDE Total Death List Now Placed at Sixty-Five. ?? % WORKING AGAINST ODDS Some Remarkable Escapes From the Death Pit. WATER GAINS ON WORKERS The Sufferers Were Mostly Negroes, as There Were Few White Men Underground. BIRMINGHAM, Ala., December 18. Taking the dead bodies from the Yolande mines, where an explosion occurred Mon day, will probably be completed tonight. Forty-three bodies have been recovered. Twenty-two more men, mostly negroes, ; are missing. At 8 o'clock last night forty-two black- ; ened and mangled bodies had been taken ; from the mine. The total list makes i sixty-five victims of the catastrophe. All day long the rescue parlies toiled in the mine against fearful oaus. ltie hot air and smoke from the explosion made it difficult to get into the lower entries, | and several of the rescue party were over come at different times and had to be brought to the surface for fresh air. Water Is Rising. It is believed that the last of the bodies cannot be brought out before this after noon. The pumps were disabled by the explosion and the rescuers are making superhuman efforts to get the bodies out of the lower slopes before the water rises over them. The damage to the mine itself is not as great as first thought. In fact, officials of the company stated that work could be resumed in the mine within four or five days, if the bodies were all out. A total of twenty-six men who were in the mine at the time of the explosion made their escape. Among these was Steve Stofko, a Scotchman. He was far down the slope in the fourth left when the explosion occurred in the sixth right. Six other men were with him, and all ex cept Stofko made a dash for the air pas sage. Walked Out Unhurt. Stofko, instead, made for the main entry and, when he saw the light of day In the distance, drank the last of his coffee, tooik a chew of tobacco and walked out calmly, with his face wreathed' In smiles. One negro of the original party got through a doghole from the air passage Into the main entry and escaped. The other five are now huddled together in death In the air passage, apd the rescue parties have so far been unatye to reach them. Negroes were the greatest sufferers from the disaster, as less than a third of the victims are white. In the scene of desolation there is one boy who is rejoicing at his escape, Joe Smith, who came from Georgia to this place to work in the mines, and for the past several weeks has been on the night shift. On Sunday he was transferred to the day shifr, but overslept himself and did not go to work. CLEVELAND TBACTION WAR. ? ? Experts to Fix Value of the Unex pired Franchises. Special Dispatch to The Star. CLEVELAND, Ohio, December 18.?In the settlement of the traction war which has been waged in this city for several years, neg-otiations for which are now under way. the main problem in fixing values for the basis of turning over all the street railway interests of the city to a holding company Is the value of unex pired franchises held by the Cleveland Electric Company. This problem is so speculative and the solution so vital to a settlement of the whole question that It has been decided to appoint experts to fix the*value In advance of the general peace conference. William Barclay Parsons, the New York traction expert and designer of the New York subway, was agreed upon yes terday afternoon to represent the Cleve land Electric Railway Company on this question, and Mayor Johnson within a day or two will name an expert to repre sent the city. Mr. Parsons left last night ton New York, but will return Friday and remain until he has made his re port. PANIC ON BROOKLYN BRIDGE. Flash on Trolley Cars Tied Up Lipe. Passengers Fled. Special Dispatch to The Star. NEW YORK. December IS.?Two trolley tars on the Brooklyn bridge caught fire from defective insulation today, and scores of passengers fled from them in great excitement. In the blockades that resulted lines of cars reached from the center of the bridge to the Borough Hall In Brooklyn. The crush occurred at the busiest time of the morning rush ..ours. A 7th avenu# trolley car had reached the center of the bridge at 7 a.m.. when smoke came up through the floor, and presently flames burst through. This was the signal for the men to make a rush for thp doors, front and rear, and scramble out on the roadway. The women followed. At 8:10 a.m. another B. R. T. trolley car went through the same performance when in the center of the bridge, and again there was a tie-up of the br.dge. so far as the surface cars were concerned. Many of the passengers again got out and walked, and there was the usual crowding and delay. In view of the recent report by the B. R. T. to th? public service commission that its equipment is in first-class condi tion, the discovery of defective Insulation on twd trolley cars in quick succession was the basis of sharp comment by the delayed passengers. WESTING-HOUSE SETTLEMENT. Affairs of Companies to Be Turned Back to the Stockholders. PITTSBURG, December 18.?Following several conferences between the receivers jind creditors of the Westlnghouse con cerns. with a view of giving the affairs of the companies back to the stockholders, George Westlnghouse. president of the various companies, said: "We think everything is in splendid condition. Not only was the report "of the receivers satisfactory, but plans for mulated for working out all details of the problem seemed to meet with favor. Everything connected with the affairs of the corporations show a most hopeful ; situation. A detailed report on all these I matters may be made public soon." Weather. Fair tonight and tomorrow. BIDDER FOR BONDS APPEALS TO COURT Would Enjoin Secretary of the Treasury. CITATION TO SHOW CAUSE Petitioner Alleges He Bid for Issuo to Amount of $3,000,000. CHARGES VIOLATION OF LAW No Allotment Hade to Him* Although He Claims He Com plied With Requirements. Justice Gould of the District* Supreme Court today cited George B. Cortelyou, Secretafy of the Treasury, to appear in court Friday, January 3, 1908, to show cause why he should not be enjoined from turning over or de livering the balance of $21,450,000 of the Panama canal bonds to cer tain banks and persons to whom he has announced allotments. The citation authorized by Justice Gould is based on a peUtion of George W. Austin of New York, who describes himself as a taxpayer and property owner in the Lnited States, and who declares he made a proposal to purchase bonds of the advertised Issue to the face value of $3,000,000. He avers he agreed to pay aC the rate of $103,375 and accrued Interest per $100, and on notice of acceptance of bis si?bscripUon stands ready to deposit the amount with the assistant treasures of the United States at New York. Mr. Austin, by Attorneys Gittings < hamberlln of the local bar and Henry M. Earle of New York, informed the court he has been advised through the public press that, in direct violation of the statutes, and in absolute disregard of the department's circular No. ?8, of tha jij.COO.OUO of bonds allotted. only $1,000,000 were allotted to natural per-* sons, who were individual bidders for same, and who, In accordance with tho statutes and circular, were given an equal opportunity to subscribe therefore; the re maining $24,000,000 were allotted to divers national banks throughout the United States, and only $3,650,000 of which wen* allotted to banks at a price higher than that bid by him. Declares He Was Ignored. When he learned that Ids bid had been ignored and no allotments made'to him. he says, he complained to the department, and its response convinces him of the Secretary's Intention to disregard the statutes, and thereby commit a "maJ feasance.'l for which, he says, he is ad vised and avers Mr. Cortelyou Is "not ? man of 'sufficient means to answer to th? citizens of the United States" and to him. The complainant tells the court that November 143 last he procured from th?? assistant treasurer of the United States at the city of New York a blank form of proposal for bids for the bonds, and in good faith and with a full understand ing of his obligations and rights In the premises and knowledge of his full and complete ability to comply with the terms of the circular made a proposal to pur chase the bonds to the face value of $3,000,000, and agreed to pay therefor at the rate of $103,375 and accrued interest per $100, and further agreed, upon due notice of the acceptance of his subscrip tion, to deposit the amount thereof with the assistant treasurer of the United States at New York, and in strict accord ance with the terms of the circular. Advised by Press of Allotment. "The complainant says he was advised through the public press the 8th day o? December, 1907, that the defendant ha<i allotted all of the bonds that he intended to allot (he having advised the public by notice In the public press that he would only allot $25,000,000). contrary to and in direct violation of the acts of Congress, hereinbefore referred to. and directly con trary to the terms of the public circular issued for proposed bids for the bonds. "Whereas if the defendant had complied, with the terms of said circular and the? said statutes, your complainant, so far as he is advised, would have been entitled to have been allotted the bonds bid for by him, and at the price and upon the terms set forth, all of which would have been, greatly to the material interest and ben efit of the United States, and the citizens thereof, as well as to the benefit of, and in accordance with the rights of, your complainant." Result of Inquiry. December 17 last, wh*n first advised of the Secretary's action, Mr. Austin says, he made inquiry and received In response reasons which plainly, he declares, mani fest the defendant's intention to abso lutely violate the statutes and to disregard said department circular No. 68, contrary to the Interests of the tax-paying citizens of the United States, and his Interest in particular, as well as the interests of all others who had bid at a higher figure than thoso to whom the de fendant had allotted the bonds, and particularly one George A. Romar. of the city of New York and a citizen of the United States, whom this complainant knows bid in exact conformity with the terms of the department circular for $1,000,000 at 103.25, $1,00"1,000 at 103.50, 1,000,000 at 103.75 and $1,000,000 at 10*. and whom your complainant is Informed and believes and therefore states is a re sponsible party, perfectly able and willing to meet all and every obligation in connec tion with said bid, but who has been, con trary to law and the Interests of the United States and tbe citlsens thereof, wholly ignored by fhe defendant. Another Bid Ignored. "Your complainant is further informed by the parties and verily believes said information to be true, and therefore states that said Romer made a further bid for the purchase of an additional $4,000,000 of sail* bonds at the price of 103.025. which bid was also ignored by said defendant, in direct violation of said acts of Congress and department circular No. 08, wherein and whereby the United States and the citizens thereof, irre spective of the rights of said bidder, had been deprived of and will be deprived and defrauded of several hundreds of thou sands of dollars." To a reporter for The Star, who called this afternoon at the residence of Secre tary Cortelyou, 2111 Bancroft place north west, to solicit an Interview on the matter referred to, it was declared that Mr. Cor telyou, though resting eaBlIy, was too III to see any one. and would be unable to receive any callers for several days. It Is said the attack of grip frqm which the Secretary is suffering has !>?* egg*" vated by mental strain. His physlcla . Dr. W. C. P. Haaen, has ordered coippni* rest for his patient. (