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U ' &mmmmm mobning journal TWENTY-SEVENTH YEAR COMMITTEE BOGUS SAYS UNTERMYER Hyde's Counsel Tells Hughes investigation Is Illegal. WILLING TO LET JAMES APPEAR AS A FAVOR TO THE POPULACE But Must Be Along to See That Unfortunate Young Millionaire Does Not Get the Worst of It. ur ' New York, Oct. 3,. Samuel Unter meyer, counsel for James II. Hyde, to day $ave uut for publication a lettei addressed by him to Charles ,. Hughes of the insurance Investlg-atin.; committee. In which he says: "Referring to your request that Mr. Hyde voluntarily appear us á witnes before the Joint committee appointe , by the defunct legislature of 1905 1 Investigate the affairs of life Insui once companies, I hive advised Mjr. Hyde that your committee Is wllhoiit power or Jurisdiction to make the iji vestigatlon in which you are engaged. "My opinion is based on the proaio 'jiltion that the assembly at least $a no power to direct an Investigation. (1) to be held after its adjournmeii: and (2) for the express purpose of ka porting to a future legislature not je: eiectea ana wnicn can nave no e istence until 1906. "Either house may Investigate whe In session, either directly or througl n. committee of its number, for tin purpose of Informing Itself as to the pending or contemplated legislation by It, and for that purpose only. "We appreciate, however, that tin pending inquiry, though unauthorized and Irregular, will prove wholesome and In the public Interest and that II continued on the same lines much o' the responsibility for existing condi tions, which has been most unjustly placed upon Mr. Hyde, will be fixed where It properly belongs. "The bulk of the Bubject matter of the inquiry, so far as concerns tho Equitable society, relates to practise; and conditions that ante-dated by many years his active connection will the society, of which he has n; knowledge and which seem to hav been continued under the administra tion with which he subsequently be came identified. "Mr. Hvde instructs me to sy thai hels willing to assist the inquiry by voluntarily' appearing as a witness anr In any other way that may he fount? desirable, provided his rights ant! those of his father; estate can be rea sonably safeguarded. "Unlike the other Insurance enmpa nies now under Investigation the af fairs of the Equitable have airead? been exploited as the result of Intern nl dissensions between the officers. Mr Hyde has, as you know, been exam ined at great length In a secret pro coedlng by -a hostile superintendent o Insurance. "In that Investigation Mr. Hyde wa refused the right to the presence o counsel at the hearing, although th' superintendent had counsel to conduc 'star chamber' proceedings. "As tho result of this performanc and of statements made before yow committee, which have not yet beer submitted to the tests of cross-exim (nation, Mr. Hyde has ben grossly misrepresented and Injured In th' public esteem for his supposed con nettion with the transactions foi which ho Is not responsible except foi having trusted to older and more ex íerlonced men. He is not willing t repeat that experience now. in anoth er form before your committee. "He Is prepared to waive all lega objections to appearing and to t' your committee fully and frankl everything he knows except as to mat ters that are embraced In pending lit igation, on condition that yur com mittee will in common fairmiss accord him the right of being represented advised ti"d re-examined by counsel. Hyde riles Demurrer, Albany, Oct. 3. Attorney enera! Mayer today received a copy of a de murrer (lied by James H. Hyde for mer vice pr-sident of the Kquitahli Life Assurance society, to the blanket suit brought by the state against tht old directors of the company to com pel the restitution of moneys allege! to have been wrongfully converted, by the board. Mr. Hyde declares that scarcely any of the allegations contained In th' complaint state facts sufficient to con stitute a cause of action. He hold.' further that the causes of action art Improperly formed. Even if the de murrer Is not sustained, consideration of It and of possible appeals would dlay the trial of the main action un til next spring or summer. was onceTrisoner on devil's island JKKEXCH C1IKF HI X. D,pVX IX XKW YOKK AS A Ml KDK.KKK. . New rork, Oct. 3. Eugene Rich ards, a French chef, today was arrest ed on the charge of being an escaped prloner from Devil's island, once the prlKon of Drevfus. He Is said to hav killed a woman and thrown the body In the Seine. He denied the charge, but wa locked up and the French consul no li tied. Sir Tilomas Llpton Hettcr, Dondon, Oct. 3. Sir Thomas Up ton has entirely recovered from the ef fects of the Injuries he sustained by being thrown from his horse at the klntr's review of the Scottish Volun teer on September 18th. Deny Pliu-MoiicnU DtH'l. Madrid, Oct. 3. Dispatches. ffoAT Parreion deny the report that a duel was fought there by General Lopes: Dlas and General Menentx. In which ' the for flu r w is said to have been killed. STATE ASKS RETIREMENT OF M'CALL New York Life's License Revoked in Nevada. MAY NOT DO BUSINESS UNTIL BOODLERS AEE FIRED Meanwhile Policji.olders in New York Ask Permission to Briny; Personal Action Against McCall and Perkins. Carson, Xev Oct. I. Today Stale Controller und Insurant-? Commission er H. P. Dtnls revol cd the license of the New York I lie Insurance Co. in tills state. The following telegram was forwarded to the Xew York home of- Ure by the controller: "John McCall 1'ciHllng the investi gation of corrupt management mid trniHltileiit tlisM)sHls of funds entrust ed to your company mid so long us yourself and George Perkins retain offices of trust in the iiuinagciiicnt of the Xew York Life Insurance Co., tho license of the company to do busi ness In the M::tc of Xcvadu Is hereby revoked. I'pon nclvlec of n change of management and satisfactory proof if honest management the license wll) PA notice has been forwarded throughout the state warning all agents of the fact of the order and jiving the agents two weeks to clear the records. V POLICYHOMF,KS DKMANI) HIGH!' I'O ICXTEK St IT AGAINST M'CAM. Albany, N. Y., Oct. 3. Attorney General Mayer tonight received the letter from William Hepburn Kussoll isklng permission In behalf of policy holders to sue the officers of the New Vork Life Insurance company for the restitution of moneys contributed to campaign funds. Hussell sayy "We aro convinced that the only way In which the very grave public luestion Involved in this matter can ver be satisfactorily disposed of is through an action In the rlRht of pol icyholders brought in behalf of tho Vew York Life Insurance company to rompel Its delinquent officers and di rectors to account for the misuse of ihe corporate funds in their hands." "We do not always believe that an iction taken by the attorney general an reach the specific evil and there "ore ask you to consent to the Insti utlon of suit by us on behalf of the policyholders as may Join with us." "The Xew York Life Insurance ompany. In Its corporate capacity, nay be named as the party defendant f we substitute our action as an ac ión in equity, but in' that event it will oe only a nominal defendant, as the policyholders will sue on Its behalf ind solely for the purpose of compell ing the return to its treasury of funds which have been wrongfully diverted .herefrom. In this connection we ex pect to show that relief through cor porate action is Impossible, because the board of trustees are 'all tarred with the same stick," so far as the mis ipplleation of the corporate funds Is oncerned and action by tho policy holders collectively Is practically im possible of attainment. The only relief 'herefore, is through application to he courts." Ilesiilts Are Coining. Hlnghumpton, N. T., Oct. 3. As semblyman John T. Hogers, of the In surant e Investigating committee, to lay said: "The coming week will be in Interesting one, as in my opinion It will develop the true cause of the 'usurante scandal, which Is the fact that tho' large insurance companies hive been paying a great deal more money for new business than It I worth. The development will go i long way to solve the problem. It s the purpose of the committee to investigate every company In the state ind close the hearing by January 1." Kosonfeltl to the Wall. Chicago, Oct. 3. A new upheaval occurred today over the affairs of the Western Life Insurance Indemnity Co., when the assets of E. I. Hosenfeld, general manager of the Western Life, were ordered placed In the hands of .1 receiver. The action was taken In he federal court by federal Judge Hethea, who named us receiver Edwin J. Day. Kosenfeld was charged In 'he .bill filed in court yesterday with being a trafficker In and a wrecker of Itfe Insurance companies for his own personal profit and with "utter dlsre iard for the rights of the policy holders." Monk Gibson stilt nt Liberty. Edna. Texas, Oct. 3. There is little new in the situation regarding the haso after the negrp Monk Gibson, charged with the murder of five of the Condltt family. There are still 700 men In the bottoms who have been searching for miles with no trace of tho a'gro. Four companies of mlll lla are encamped here. ARIZONA UmTfOR FOREST RESERVES- SKVKX IIMCKI TIIOINAXI) ACHES WITIIDItAWX FltOM KX TKY FOU fMJVKKX.MF.XT CSB. Washington, Oct. 3. The commis sioner of the general land office ha ordered the withdrawal from entry in Arizona of about 700,000 acres of land to be set aside as forest reserves. The land lies In the southeastern corner of the territory, and It w ill be 'divided Into several new reserves, to be called respectively the Hincón Sunt- Tere sa, the Galiusos, Whltstotie and Dra goons. There are also additions to the established reserva'tlmis ,,f Santa Oal ilina and Santa Hita. ALBUQUERQUE, i. MAY MEAIS THAT KINO-EMPEROR HAS SURRENDERED Indication of Settlement of Hungarian Muddle. UMVE8SU SUFflAOE NEtt IN SOKE MODIFIED TOIM Vienna, Oct. 3. According to Hun gary reports the reappointment of the Fe Jervary cabinet, empowered fo carry out elections In Hungary on the basis of a modified universal suffrage, Is the outcome of the prolonged ludiente which the klng-cmperor granted to Premier Fejervary and his colleagues today. The premier was with his ma jesty four and a half hours, the time being occupied by Minister of Interior Krlstoffy's explanation of his suffrage proposal. Nothing Is officially known however. It U reported that M. Krls toffy succeeded In favorably Impress ing the klng-omperor, who withdrew nn opposition to the proposition of j manhood suffrage, but insisted on cer-i tain measures being taken, remarkingl mai n was a ' question of nationali ties." Fresh Itlols in Itriienne. Hruenne; Austria, Oct. 3. Fresh disturbantes between the (Jermans and Czechs broke out hero this even- I ing. The Czechs marched through j me streets wrecking stores and Insult ing Germans. Almost the whole gar rison had to be called out to restore order, the rioters having continued the disturbances in the suburbs after be ing driven from the city. Many per sons were Injured, and some of the windows In the Jewish synagogue were smashed. Strong patrols have been placed at Ihe prominent Oermiin buildings for their protection during the night. Coalitionists Decline the Tnsk. Budapest. Oct. 3. A resolution en dorsing the coalition leaders after their audience with the king-emperor at Vb'ima, September 23. has been ap proved by the committee of coalition ist members of the Hungary parlia ment, and will be submited to the plen ary conference of all the opposition parties. The resolution declares tin: coalitionists cannot undertake to form a cabinet on the conditions laid down by the crown and protest emphatically against a revision of the settlement of 1 867. being made dependent on the Austrian view and Hgalnst doubt be ing cast on Hungary's economic In dependence. The resolution deprecates the constant reorganization of parlia ment and demands the king-emperor's memorandum on the subject should he discussed In parliament so that it may be ascertained who Is responsi ble for the dissolution. but twoTeatiis in new orleans YKMiOW FKVKH SHOWS UAPII) 1HMCMTION TIIKOCfillorr THK SOCTH. New Orleans, Oct. 3.---The yellow fever report to 6 p; m.: New cases, 30. Total to date, 3,072. Deaths, 2. Total, 396. New fori, 5. Under treatment, 210. Discharged, 2,466. Thp Pensnt'olu IteHirl. Pensacola. Fla Oct. 3. The offi cial summary of the fever situation today is as follows: New cases, 9. Total to date, 175. Deaths, 4. Total. 31. Cases 'discharged. 63. I'nder treatment, 82. WT' -mrii jlfPW3r ' ' - 'Y NEW MEXICO, WEDNESDAY, OCTOBER i, 1905. HUGHES BEGINS GOMEZ WANTS NO INTERVENTION IN CUBAN POLITICS Liberal Leader Says He Does Not Need It. HAS NO INTENTION OF , -VISITING ROOSEVELT New York. Oct. ,1. Ocneral Jose Miguel (iomt'x, governor of Santa Clara province. Cuba, who recently re signed tts a Liberal candidate fur the presidency or Cuba in opposition to President Palma, arrived here today on the steamer Monterey. He will re main in this country about two weeks. To the Associated Press General Go mez said: "This Is not my first visit to the I'tilletl States. I was here In ÍS'IS with the commission from t lie Cuban government to arrange matters. My object now Is lo get n rest. I do not know what cities I shall visit. I have no plans." ' , Asked If he should visit Washington or call on President Koosevelt, Gener al Gomez said: "I tlo not know if I will visit Wash ington, but I do not expect to visit President lloosevelt." When Informed of the report that he came on a mission to ask Ameilcnn intervention in Cuban politics, he re plied with an emphatic "No." REQUISITION OUT FORMAT CROWE aoVKKNOK OF XKIlltAKKA SENDS PAP1.KS M AX OI I ICI.K TO IHTI K, Lincoln, Neb., Oct. 3. Governor Mickey this evening Issued u requisi tion on the governor of Montana for the return of pat Crowe, under Hrrest at Itutte. The charge on which the requisition was Issued was the shoot ing and wounding of un Omaha po liceman. The tapera were placed In the hands of City Detective Heitseld, of Omaha, who will leave for Iiutte early tomor row morning. Edward A. Cudahy Mated today III it ho was as anxious as ever to prose cute Crowe on tht; chaise of kidnap ing bis son. Positively Identified. Hutte, Monti, Oct. 3. Tho prisoner here was positively identified today as Pat Crowe. Chief Donohue will leave Omaha tonight with requisition pa pers for him. The prisoner says he Is Crowe and expresses a desire to go hack to Omaha and clear himself, be lieving there Is no law under which he can be prosecuted. WILKIE ANNOUNCES NEWCOUNTERFEIT TEX IMULXK XOTi: OF ln SF KIK.S Hit. Will i) AS AMOXfi THK til 'KICK. Washington. Oct. 3.-Chief Wllkle. of the I'ni'ed States secret service has announced tho discovery of a new counterfeit ton dollar Colled States "ItufTalo" hole. It Is of the series of 1901, letter II, Lyons register, Hubert treasurer. The counterfeit Is fully three-eighths of an Inch longer than the genuine. The numbering and dcuomlnatlonal "X" are darker than Ihe genuino. The sesl Is a trille darker than the genuine, The back of the note Is printed In a very dark green. ltb'liard Clarkson Peutl. Des Motoies, la., Oct. 3. Klehard Clarkson, pension agent for Iowa and Nebraska, and thirty years manager of the Iowa ytule Iti-glrter, died today. TO DRAW BLOOD FATALWRECK OÑ SANTA EE'S LINE TO TIIEGRAND CANYON One Man Kill-.d Four Missing and Twenty Injured When Cinder Train Piles Up Twelve Miles From Williams Enginemen Have Miraculous Escape. Special to the Morning Jouriul.w ' ' Williams. Ariz., Oct. 3. As the re sult of it wreck on the Grand Canyon branch of the Simla !, twelve miles from hero at noon today, one man Is ih't'l, four are missing mid believed to be dead under the wreckage anil twenty men are more or less seriously Injured, ll of the dead and Injured are Ja,ia-ue-e rettiim men uho had been at work on tin- railroad to the rim and who were Ic ing brought Into Wil liams. The injured are being cared for here and the wret kage Is being rap idly cleared. In a, search for the bodies of the missing men. A shoo fly Is be ing built around the wreck iuqi trafile will probably be resumed In that way tomorrow morning. The wreck 0os one of the most serious In ihe history of the Santa Fe In this division. The engine crews hail a miraculous escape from death. The wreck occurred at 12:15 o'clock at mile post No. 13. A train of loaded cinder cars, backing north In charge of Conductor I.. A. Fuller and Drake men Kdwaids and I.a Prade was made up with caboose on the head end followed by an engine and two water ears, fhon another engine and about tnenly-flve loaded cinder cars. Kngl neer K. Stotkton and Fireman fl. Harding were on the first engine, while Knginecr A. H. Dingo and Fire man F. 1!. Douglas were on the sec ond. The caboose and one of Ihe engines had safely crossed u broken rail throwing the rail across the tint k. The rail caught the second engine throwing It crosswise of the track Bight of the loaded t inder cars piled up In a heap on the engine, , t tie weight of a great I.edgerwood unload ing plow, which was on one of the rear cars, serving to crnm the wreck CHARGES STATEMENT OF NEW YORK BANKS IS FARCE New York. Oct. 3. Charges that the statement of the condition of New York banks as Issued weekly his be come a farce and that the action of trust companies in I extending inri;'1 credits without maintaining adequate cash reserves constitutes n greit dan ger, were made before the Clearing House Association today by the presi dent of the Corn ICxchange bink, Wil liam A. Nash. The Corn Exchange bank Is one tif the most Important financial Institutions of the city, hav ing average deposits of about $10,- BOERS BEHIND REVOLT IN DARK SOUTHWEST AFRICA Ifeilln, Oct. 3. Andrew Dewct. nephew of the famous Hoer Christian Dewet, has been arrested at his resi dente !n a suburb of Windhoek. Ger mán Southwest Africa, with four oth er Hoers accused of plotting the over throw of German rule In 8otnhws! Africa to create a Hoer republic. This news, purporting to come from an ex cellent authority was distributed lo the German preNS hy Ihe Hanseatio press bureau and Is accepted as true by le. tiling Herlin Journals. From the New York Herald. age together as It piled up on top pi the heap. On the first tkf Ihe wrecked cinder cars were about thirty Japanese, sec tion hands, most of w hom were Injur ed. One man was killed outright and there are said to lie four men under the wreckage. In all t wenty-tw o men were Injured. All were brought te Will.tms. It Is not believed there will be any fatalities among the men now being cared for here. Not one of the train crew or engine men were Injured, all of them having apparently miraculous escapes, one of the crew walked to Prado and wir ed notice of the wreck and a special train was sent out from here at once JERRY SIMPSON NEAR TO DEATH l OHMI i: KANSAS C(;KFSSM.X NOW DYING IX A WICHITA HOSPITAU Wichita. Kits., Oct. X K.-Ciiiirc. man .lorry Simpson, who was brought here yesterday from Koswell. X. M. and placetl In Ihe St. , Francis Hospi tal, Is hi n critical iniiilition it ml Is not eK-ctcd lt live through lite night. .IKfiOMK XOMIXATKD 15 Y t Hll'lt THOCSAXD YOTKKS New York, Oct. 3. District At- t irney Jerome was today noml- nated for the office of district attorney of New York by the Ml- Ing of a petition bearing 4.0U0 signatures. oon. nnn. Mr. Nash denounced the exlstln slate of affairs by which trust com panics, operating outside of the clear ing house, and riot subject to Its rule are not obliged to maintain the cash reserve of one-fourth of the sum of their deposits, which reserve Is requir ed of national banks by the federal law and of other clearing house banks by the rules of that Insiltptlon. Mr. Na.h urged that measures be i iken tt bring the trust companies under the rcijulatloriH of the clearing house. Andrew Dewet, who is a merchant of Windhoek. Is described as having arranged with the rebel natives to make common cause with them. Ahoul Ifi.ono liners are said to be In German Southwest Africa, one quarter of whom are organized. Considerable quantifier of arms were related t De wet's home. Although the arrests oc curred August 23, nothing was report ed hy cable to the newspapers, doubt less on account of the censorship. Andrew Dewet .married a daughter of a Prussian army officer. By rrrT, m- n Month poire e rcNTC My Mail, $5.00 a Y cut iAIV 9 VCÍ1I3 EXCLUSION LAWS MUST BE AMENDED If Chinese Antagonism Is To Be Allayed. ' . ; PRESIDENT'S CIRCULAR HAS FAILED TO TAKE EFFECT Matter Thoroughly Discussed at First Cabinet Meeting To Be Bcld Fol lowing Summer Vacation of the Government. Washington, Oct. 3. The most In teresting subjects discussed at the cab inet meeting today were, first, the Chi nese boycott against American goods, and, second, the consideration of com plaints made by the Chinese against the method of execution of the exist Ing Chinese exclusion law. The lm. portant fact developed was 'that tha president's efforts last summer to al lay the Indignation of the Chinese by a, circular of instructions, to the Ameri can minister to China and consular officers therein, had in a measure failed of its purpose and required a considerable amendment to secure tha object sought. Minister Kockhill him self reported that It had not been found Impossible to curry out In fullthe ins: ructions contained in the circular without doing great injustice to wor thy Chinese and Imposing burdens too heavy to be borne upon the American consuls. Ilelng freshly back from the Orient, Secretary' Taft took a prominent part In the tlUcusslon of this matter when It was broached by Secretary Root and presented some of the results of hla ohycrvatlons) on hla recent trip. It developed that the requirement that American consuls Identify the Chinese seeking certificates admitting them to American porta imposed a task I'votl these officials beyond their it! 'Hi . The Chinese applicant frequently cum" from some 'place far distant from thrt American consulate and the consul was consequently obliged to refuse to identify as proper persons to be ad mitted to the I'nited States many very worthy Chinese, which, of course, led io hitter romplalnt and fostered the bocott feeling. Then a Chinese mer chant who desired to 'end his son as a shop assistant to his branch store In the t'nlted Stales with a view of ul timately admitting the son to part nership, found that tho boy was bar red on the ch uge that be was a coolie. Chinese living In the Hrltlsh and French and Portuguese Asiatic colon ies, being really citizens of those na tions, did net see why they could not lie admitted to America under proper passport 1 Instead of being required to nrotluce the unpopular certificate. These were 'only a few of the com plaints made against the administra tion of the existing exclusion law. The trend of the opinion In the cabinet meeting was that these complaints aft er all were directed rather against the construction placed upon the law than ihe act Itself, and especially against he definition given In California to the term coolie, so It was practically decided that some Important changes in the present regulations must bo made. Today's session was the first reg ular meeting of the cabinet held for some months, and It was one of the longest held during the administration of President Koosevelt. It was at 'ended by all members of the cabinet excel t Secretary Shaw, who Is absent from the city, and Secretary Metcetf. who Is I'l. It was the first cabinet meeting for Secretary Honaparte of the navy and ihe first as neeretiry of state for Mr. Koot. "All I did." said the former. Jocularly, "was to listen." Most of the lime of Ihe meeting was occupied by the president and Kecre ttry Hoot and Attorney General Moody. Mr. Moody took up with the presi dent two or three appointments, which were decided upon, but their an nouncement wa" withheld pending ac ceptances. He also discussed the stat us of the beef trust cases, which are being pressed by the department of lust'lee. Postmaster General Cortelyou also conferred with the president over pontofflce appointments. Dltl Xot Plscim Wrlkc-. Washington, Oct. 3. John Mitchell president of th t'nlted Mine Workers of America, had sn Interview with president Koosevelt by appointment today. He remained with the presi dent half sn hour. At the conclusion of the Interview Mitchell said he had urged Ihe appointment of Imls Ham eterllng, editor of Ihe official organ of the l'nite.1 Mine Workers, as collector nf internal revenue in the Scranton district. Hammerllng Is optiosed by some members of the Pennsylvania congressional delegation. "I did not discuss with Ihe president the labor situation In the anthracite coal Acids," itald Mitchell. Meyer to fcc Koosevelt. New York. Oct, J. George Von D Mftver. the Amerlesn ambassador to St. Petersburg, arrived here today on the Kaiser Wllhclm II. H ssid he came to see President Koosevelt. Koowevell KoHii'ts for Knolbnll. Cambridge, Mhs Oct. 3 Theodore Koosevelt, Jr.. son of President Koose velt, reported for the Harvard fresh men football eleven today. H gave his weight as 145 pounds and said he had played four years at Oroton. Few cnndldates for the team are iirmir than he. Vtiih Coinpimy Knjolned. Newark. Oct. 3. An Injunction re straining the Utah Copper company from Increasing Its capital stork from J4.B00.OOn to $8,000,000, from Issuing convertible bonds to the amount of three millions and from transferring; Its property or stock to the Guggen heim interests was granted today by Vice Chancellor Pitney. The Injunc tion was made operative pending th final hearing of the suit of F.nos A, Wall against the7 Clah Copper com puny. 4