Newspaper Page Text
SPEND BUSY DAY
Dispose of Important
Bills and Plan for
Senate Committee Fails of Quo?
rum?Prohibition Enabling Act
Will Be Considered To
Day?Tax Commission Bill
Made Special Order for
In iivo sessions of four hours yis
torday. l!?o House of Delegates passed
to their engrossment the bills forbid?
ding the employment ?>t women fo>
more than ten bout* a day In stores
ami laundries und the bill prohibiting
the employment of boys Under sixteen
years of age ht night and of boys
under ten years selling newspapers;
passed finally th? committee hills put?
ting Q00 convicts on the roads and 500
to contract In the penitentiary: passed
a bill extending the hours of work In
Capitol offices; set the lime grinding
bill for hearing to-morrow and the
Tux Commission bill for Thursday, and
refused to take up out of Its order th'
bill Increasing the salaries of Judge'
of the Supreme Court of Appeals.
The .Senate deferred consideration
of th? bills providing that the .State
take over the Laurel Industrial School
and the Home and Industrial School
for Girls at Bop Air, and dlBCUSSSd,
without reaching a vote, the Norfolk
water rupply bill.
Bid Sot Consider Primarien.
Adding to senatorial achievement*
for the (lay, Its Committee on Privi?
leges and Elections failed of a Quorum
last night to consider the Featherston
Myrd primary bill. It Is supposed that
this means Inaction with regard to
this measure, and its. advocates are
gloomy over the outlook.
But not to the Senate alone Is re?
served the prirog;. tlve of killing bills
passed by the other body. The House
Committee ? on Roads anil Internal
Navigation, at a meeting held yester?
day morning. slaughtered Senator
West's bill to require conductors on
trains to accept coupons from Inter?
changeable mileage hooks. Thh meas.
ure had passed the Senate, but the
House committee passed It by Indefin?
Thi action of the House In setting
the State Tax Commission hill as a
speclsi order for Thursday at 1 O'clock
was regarded as a sort of preliminary
test of strength between Speaker Byrd
and Hugh A. White, although hardly
Indicative of actual res-tits r,n a final
vote. Mr. Whit? tried to have the mat-"
ter deferred until Monday, on the
ground that the time narked was toe
short to give proper consideration tc
the measure. The House thought other?
Lahor DHU Approved.
James J. Creamer and Speaker Byrd
were, successful yesterday In getting
through to then- engrossment the labor
bills. There war; considerable opposi?
tion In each instance, but no amend
riients wire carrisd which were not
accepted by the patrons. The Creamer
bill amends the existing law so as to
prevent the employment of women or
girls for more than ten hours In a day
In workshops, stor;s or laundries.
Heretofore the law has applied to fac
torics, and when it was sought to reach
altering departments lit stores, test
eases were made. It Is intended now
to relieve saleswomen In mercantile
The Myrd bill js especially aimed at
the working of boys at night. An
amendment makes it apply to mines,
as well as to other activities. It was
objected to because it would hamper
certain Industries, this bringing from
the Speaker, who took the floor to
fight the bill through, an nppeal for
Jordan Bill t'p To-liny.
It Is probable that a vote will be
reached to-day on the Jordan prohi?
bition enabling bill. There are some
half a dozen speeches or more to be
made ?n each side, anil a few of them
will bo of considerable length. The
understanding Is that there la a "gen?
tleman's agreement" on the one hand
that the pending question will not oe
called until debate is concluded, and
on the other that no person will talk
ngatnst time. Under the circumstances.
It Is believed that argument will not
be ended until the morning session
to-morrow, although there Is a possi?
bility of a vote this afternoon It is
not unlikely that the special order for
ths lime grinding bill will be delayed
because of the Jordan bill discussion.
Colonel J. V. Temple ton secured the
passage of a bill re.-|iilrlng employes
of the State departments to observe
longer o flics hours, making thorn from
9 o'clock to 5 o'clock, and closing at
2 o'clock on Saturdays. He believes
that this course will save money by
reducing the number of necessary
clerks. The present closing hour Is
8 o'clock and noon on Saturdays.
Report on Wiie Bill.
The House Committee on Privileges
and Flections niri last night and with?
out debate reported the Wise prohibi?
tion bill, involving a referendum which
allows the voters to decide between
State-wide prohibition and State-wide
license, with a recommendation that it
do not pass. This puts It on the same
footing with the Jordan bill, and Sir,
Wise Will endeavor to have It substi?
tuted for that measure.
There seemed to be a good (teal ot
opposition to the Dion to have the
State take charge of and title to the
reform schools for boys and girla when
It came up In the Senate yesterday.
Senator Ec'uola thought the time, had
not come for such action, and Senator
(Continued on Seventh Page.)
SOUTH RUN RAILWAY'S
New train for Atlanta ?ml HIrmlnch.ini
leaves Richmond o r. M. daily; arrives At?
lanta I0:3o A. M.: Birmingham I r. M. IHec
trlct Hunted sleeping car service. W! East
Madn- Phone Mad. 772.
Ospina Explains Letter, but
Knox Will Not Pay Visit to
Washington, February 10.?Secrotar>
of State Knox Will not visit Colombia
during ids proposed tour of tho coun?
tries bordering on the Caribbean Sea,
unless there Ih a special Invitation from
tho Colombian government. This an?
nouncement was made by Acting Sec?
retary Huntington Wilson to-night
who also declared that tuch an invi?
tation Is unlikely.
?'There must be some confusion it,
tho Interpretation </.' the report from
Palm Peach." he said, "that Secretary
Knox. i>y cari'Ttng out ttie original
Itinerary laid out for him. would In?
clude Colombia. Unless there Is a
special invitation from Colombia, Mr.
Knox will not go tnere. 1 may say
that we haidly expect it."
Nut UapcclnlJy Concerned.
Mr. Wilson would not say whethei
his prediction that no Invitation would
be forthcoming was based on Senor
Pedro Ntl Oipina's personal letter to
bim, maoe puollc yesterday, or wheth?
er It was a consequene? of the strained
relations existing for the last eight
yearb between tho two governments
over the acquisition of the Panama
flans) zone. He intimated, however,
that the State Department felt no es?
pecial concern over the action of the
Colombian minister here, and was not
wrought up over the Incident. "our
position." he declared, ''Is one of lOlf
There were Indications, however,
that Senor Osplna's act was regarded
as a breach of etiquette, not so much
because of the nature of his response
to a Slate Department communication,
but because he had made public cor?
respondence without securing the con?
sent ot the other party. Otllclals_ vtried
In diplomatic etiquette Incline to thf
opinion that the latter itself contained
no Insulting language.
?enor ?iplna to-night disclaimed In
a public tidttment any Intention of in?
sulting cither the fnited States gov?
ernment or Secretary Knox by his
persona! notltlcatlon to the State De?
partment that a visit to his country
by the secretary would be "inoppor?
The minister declares that :-.is letter
was "Intended to be couched, and Is
couched. In polite and considerate lan?
guage, and was written to avoid any
possible unpleasantness to Serretnrv
Knox by a visit to Colombia."
Senor Ospina reiterated that he
thought the trip inopportune, "because
the citizens of Colombia are naturally
deeply nggrUved to find their country
the only one In the whole wsrld with
which t'-.e United States refuses to
inter Into a treaty of arbitration."
The action of Senor Ospina found
many sympathizers to-day; not only
ani"r.^ members of the Latin-Amsrlcan
diplomatic corps, but some members
of Congress as well applauded the
Sulser Sides With Oapina.
Representative Sulzer, chairman of
the House Committee on Foreign Af?
fairs, Issued a statement siding with
the Colomhlnn minister in his demand
"The testimony thus far addaced be?
fore the committee." said Representa?
tive Stilsir, commenting on the pro?
gress of the Italney investigation,
shows conclusively that the taking .if
Panama was the result of a conspiracy
carefully planned and cleverly exe?
cuted. It cannot be Justified in morals
or law. The gov?:rnm?nt of the United
States must make reparation for the
outrage to the republic of Colombia.
Unless this is done wo cannot expect
the friendship of the trade of our sis?
ter republics in Central and South
America. The Committee on Foreign
Affairs will proceed diligently with the
Mr. SuUer's remarks are in conflict
with what is sa'rd to bo the attitude of
tho State Department toward Colom?
bia's demand for arbitration of the
dispute crowing out of the partition
of Panama, it being held by this gov?
ernment that a?y differences In con?
nection with the affair were wholly
between Panama and Colombia, and
that lb1 United States, us a third
party, has nothing to arbitrate.
Senor Osplna's communication to the
State Department, admittedly his per?
sonal views, it was said by some diplo?
mats, probably would be confirmed by
the Colombian government. This Is
assumed from the fact thai Senor Os
plnn Is a political loader In th; re?
A severance of diplomatic relations,
therefore, is looked for hern as as?
sured, unless the. United States Indi?
cates a willingness to submit the dif- I
farences to arbitration, which is prac- 1
tleally Colombia's ultimatum.
AFTER BALLOON RECORD
Wade und Assnian will Try to Set Sew
San Antonio. Tex., February 19._
Two attempts to break tho world's
long distance balloon reoord this spring
will have their Inception In San An?
tonio. William Assmnn, of St. Louis,
and ,T. II. Wade, of Cleveland, O. will
act ns pilots of tho balloons, and tho
former will travel without an aide.
Roth Assmnn and Wade are In Snn
Antonio making preparations for. their
Assmnn started -Xrom this city last
February, but ran Into a snow storm
In Missouri and was compolled to land.
Alvah Martin's Faction
Wouldn't Indorse Taft
BY CABELL WING
Two Sets of Delegates Elected j
From Third District, Biady- j
Hanson Contingent Failing to
Instruct?Action by Outs
Indicates That Roose?
velt Is in Race.
Theodore Roosevelt, as u presidential
candidate, llgurud largely In the Third
District Republican Convention, iietu
yesterdy In South Richmond. Inel
dentally, It might be stiid that two
conventions were held?one by the
Cabcll-Aliau-Moore faction, and the
other by the Urady-tTegenheliner-Treat
wing. Rauh elected delegates to ll;?
natlonal convention and other oiflcurs,
un?j the breach iu gieater now than
ever before. The presence of a lilg
squad of police and detectives made
Heretofore the county and city con?
ventions have indorsed tho Taft ad?
ministration, and yesterday the Cabcll
followers, duly organised, indorutd
President Tun and elected Instructed
delegates to the Chicago convention.
Hut there whs no indorsement for Mr,
Taft by the Brady-Flugenhclmer
Treat people, the strange point con?
nected with this being the fact that
this element Is lined up solidly behind
Alvah H. Aartih, national committee
man. und Congressman C. Buscom
Slemp. Mr. Taft ;s with Martin.
Toft Stands With Martin.
Only on Saturday he summoned
Commissioner Cabeli to the white
House and Informed him politely but
emphatically mat the light In Vir?
ginia hud to cease; that Martin was
the man. And now on the heels of this
the Martin followe-e. in convention
absembiert, have refuted to Indorse the
President. Which means that tnc unin
atructed delegates will be free to sup?
port Colonel Roosevelt. In other
words, the "outs' are not with Taft.
After the meeting yesterday there was
strong talk that Roosevelt would be
nominated, but the swing away from
trie President by Officeholder's this early j
in the light Indicates their belief that j
lie will not secure a second notntiiu- ',
Hon. Except for the fact that the
Braiy wing la a part of the Martin
organization, the action In South
Richmond would be unimportant, and
there were many suggestions that Mr.
Martin will now be summoned to the
White House to explain why his
friends and followers had kicked over
Caused tireat Surprise.
Prominent in this antl-Cabell strong?
hold, which is working in harmony
with Martin, are Republicans in and out
of oillce. Joseph P. Brady Is clerk ol
the l.'nlted States District Court; Mel
Vlli FlegenhelmZ-r is United States com?
missioner; George A. Hanson is not an
orncoholdcr, nor is Morgan Treat, the
latter having been llred out as United
States marshal about three years ago.
<'ommissioner Cabcll Is no longer seek?
ing the Martin scalp, and the surprise
was great In Btpublican circles when it
became known that Martin's followers
had failed to indorse Taft when Tat't
had virtually indorsed Martin's control
In Virginia. In the event of Roosevelt's
nomination and election it was said that
Martin may continue to be the dictator
in the. matter of Federal patronage,
though it remains to be seen what po?
sition Taft will take, even if he Is de?
feated or rc-cloctcd.
Aside from the fact that two meet?
ings were held, no average man couid
figure the exact standing of the two
factions yesterday. George A. Hanson,
in addressing his convention, claimed
thirty of the thirty-eight delegates
Edgar Allan, Jr., denied this assertion
holding that his side hud twenty-eigh'
of the thirty-eight delegates. The coj
test will be settled rlnally by the na?
tional convention, and It will be sot
tied there according to the strength ol
the Taft and Roosevelt forces.
How it All Started.
When the "Ins" and "outs'* of the
Republican parly gathorod yesterday at
noon In South Richmond for tlie pur?
pose of holding the convention of Uns
Third Congressional District, it was
found that the hail In the Leader Build?
ing', designated for the meeting, was
locked, and the key was In the poses
slon of C. Ridgway Moore, district
chairman. Surrounded by a suuad ol
half a dozen uniformed policemen, and
with eqeually as many detectives, the
crowd of probably 100 voters, about
equally divided, climbed the two flights
i of steps leading to the auditorium, and
there Mr. Moore announced that all del?
egates and alternates whose creden?
tials were properly countersigned
j would be admitted. As each of the
I delegates recognized by the Moore-Cab
ell-AUan-Arnold faction presented him
[self he was given a card or ticket and
allowed to enter. The names of the |
contesting delegation of the Hanson
! Brady-Treat wing were called, and they
were told that they might have seats
In the hall. They refused, with the. ex?
ception of Morgan Treat, who entered
and rctlrod when a motion was adopted
for a recess of ten minutes.
In a short while they got permis?
sion from Judge E. H. Wells, of Hust
Inga Court. Part II.. to hold a aecond
meeting in the courtroom.
While tho aupporters of Moore.-Allnn
Cabell-Arnold Indorsed President Taft
by a rising vote and pledged the dele?
gates of the district to support him,
the Rrody-Hansoii-Flegenheimer party
Indorsed no one and adopted the fol?
"Resolved. That wo renew our alle?
giance to tho Republican" party and
pledge our loyal aur*"?rt to the candi?
date of that parly, whoever he may be."
Two Factions Fleet.
The elections of the two sides result?
ed as follows:
Delegates to national convention-?Jos?
eph P. Brady, of Richmond, and W. R.
Vawter, of llenrlco county. Alternates
?Melvln Flegenhelme.r, of Richmond,
(Continued on Third Pago.)
Six Hundred Convicts
Go to State High?
BOARD WILL LEASE
Creamer Loses Stern Fight for
Abolition of System?Commit
tee Could Find No Way for
Employment of Unsafe
Men Save by Con?
[ Six hundred of Virginia's convicts
'now at work In tho State 1', nlteut'iiry
are lo go on the road forces afl-:r May
1 of next year, when the contract will?
the Thaeher Company will expire. Ap
I proxlmately r.oo will be employed on
i 801110 form of contract at tin Slate
1 Prison, leaving perhaps 100 l" bo used
jln work for the State about the pen?
The House oi Delegate.", by a vote
of 05 to 19; yesterday passed the bill
already agreed upon by the joint Com?
mittees 011 ltoads and Internal Naviga?
tion of the Ilou.se and Senate, and de?
feated lite Creamer bill forbidding the
making of any contruut for convict la?
hm- without specific authorization oi
the. General Assembly.
Creamer Lends Opposition.
There was no opposition to the bill;
on the ground of reduction of revenue
to the State. No mention was made ol
any mercenary consideration. The
oniy fight on the bill, on the contrary,
was made by those who believe there
should be no contract ot any sort, but
that all the prisoners should be used in
labor for the State and its institutions.
This opposition was led by James J.
Creamer, of this city, who fought tho
legislation step by step. On some uf
his propositions the vote was much
closer than on the passage of the bill,
and In fact a tie was registered on a
motion to pass by a motion lo recon
sid ;r. so as to bring the matter up
again on a future day. The Speaker
voted In the negative, breaking the tie.
Seeing that ho was In the minority,
Mr. Creamer spoke for an amendment
requiring that no contract should be
made at a price of loss than SO cents
a day for men and CO cents for women.
But the House refeused lo reconsider
so that the measure ir.ignt be recommit?
ted to u committee for umonilmcncL
Xo Other Work for Mcu.
Th ? statement of Chairman Throck
morton, of the .loint committee, that no
method of employment of the 611 men
believed to be too dangerous to be
used In road work had been advanced
by those who favored the abolition of
the lease system, and that It would be
the worst form ot cruelly, besides un?
tie' essary expense, to keep the:n in Idle?
ness, evidently had Its weight.
Rev. J. T. Mastln. secretary of the
State Board of Charities nnd Correc?
tions, was quoted as opposing the use
of the convicts In making clothing foi
Inmates of State institutions, as such
a course would deprive the people ol
these places of their employment, so
necessary to their happiness.
Two bills were passed, only the first
meeting with opposition. It provide!
that after May I, 1913, the convicts
in the State prison shall he considered
members of the road force, nnd that
such men shall be used In the construc?
tion of highways under the control of
the State. The men who are rcgurded
as too unsafe to be worked on tho
roads are to be used either In working
for the State In the prison or are to be
let to contract, under such conditions
an may be approved by the directors
of the penitentiary, the Governor and
the secretary of the State Board of
Charities and Corrections.
The other measure merely Eays that
all persons sentenced to the peniten?
tiary or to Jails shall be eligible for
work on the roads. Instead of those
whose terms are for less than five
years, as Is now the. case.
Price Not .Specified.
Mr. Creamer objected on the ground,
thnt the bill does not say what price
is to be pnid for .. 1 prison labor which'
is to be let t" coi.tract. Mr. Throck
rnorton replied that the subcommittee
had thrown every safeguard around
this feature, and thai the persons
named would see that the Stale's in?
terest Is protected.
Mr. Creamer suid that. 300 persons
were present at the public hcnrlng be?
fore the Joint committee in opposition
to any sort of contract, but that no
person hnd appeared In favor of hiring
out the prisoners. No Virginia manu?
facturer had put In a. rUbj for the
After the passage of the bill, by a
vote of 6- to 1?. Mr. Oliver, who voted
for H entered a motion to pass bv a
motion to reconsider, for the purpose
of studying the measure more closely.
It was lost on a show of hnnds by 34
I to 35. and a roll call was forced, with
a vote of 30 for passing 'by and 49
Speaking then on a motion to re?
consider, Mr. Creamer said that this is
the first opportunity the State has lind
to throttle the contract labor system.
Many people, he insisted, had expressed
the strongest condemnation of the
hiring out of men, but that tho Legis?
lature, he was sorry to see. was not
taking hold of the proposition with
"We first heard that there were per?
haps 300 men." he said, "In the prison
not regarded ns safe to work on tho
roads. Later this number was placbd
at SOp. Then wo learned that there
wore fill of this clasB. Now- I am In?
formed that 110 men are employed In
odd Jobs about the penitentiary. Add?
ing those to the 600 men asked for by
the shirt factory which Is bidding on
the convict labor, we see a very nice
cnlculntion. smoothly made. I want
to say here that I regard the present
superintendent of tho penitentiary one
of the bent men Virginia has ever had
In that position."
Mr. Huthorfoord here inquired if the
statement regarding the number of
1 (Continued" on Third pligcTjT
His Fight for Control
of Estate Gets
WILL NOT ATTEND
COURT IN PERSON
Privileged Visit to New York
Would Probably Mean Spend?
ing His Time Locked Up in
Tombs ? Friends and
Neighbors Ready to Tes?
tify as to His Sanity.
I Special to The Times-Dispatch, i
New Voik. Pcoruary 19.?John Arm- |
strong Chaloner's long pending action j
to recover control of his property, j
which Iiis family put in the hands ol i
Thomas T. Sherman us committee ol
the estate, finally was brought to trial
this afternoon before Judge Unit and
ii jury in the United states District
Court. Chaloner s guardian, Sherman,
is named as defendant.
The estate approximates a value ol
il.SOO.Ouo, an,| was taken from Chal?
oner's control In 1899, when an order
of the New York Supremo Court found
the man to be Of unsound mind and
committed him to Bloomlngdale
Asylum. A year later Mr. Chaloner
escaped und lied to Virginia, where he
oas resided since In Albemarle county ?
on an estate known as The Merry j
in 1901 the County Court of Albe
marlo county udjudged Mr, Chaloner
sane and capable of managing lus own
affairs. Three years later he brought
suit In the Federal Circuit Court In
this district against Sherman, averring
that he was sane, that the order of the
.Supreme Court ?f the Stale committing
him as Insane was vuld, and that he
was entitled to recover damages on the
theory that Sherman hud converted his
property In his hands as'cemmittec.
Up AaalnKt Stone Wall.
At the outset Mr. Chaloner ran up
against a atone wall, lie applied to
the Circuit Court here for an order
of protection so that he could come
here and prosecute his suit without
danger of being thrown again Into
Bloomlngdale. The application was de?
nied, whereupon an appeal was taken
to the Federal Circuit Court of Ap?
The higher court granted the appli?
cation on condition, however, that Mr.
Chaloner should place himself abso?
lutely in the cuetody of Marshal Hen?
kel. That meant most likely that he
would have to spend his lime while
here In the Tombs, or at leust in some
hotel or apartment under constant
Mr. Chaloner has never taken advan?
tage of the privilege of coming here,
and his counsel for the trial, Hugh
Gordon Miller, la not certain that his
client will be here at all. Many Vir?
ginians, neighbors and acquaintances
of Mr. Chaloner, of more or less prom?
inence, are here, and more are corning,
ready to testify in his behalf.
Mr. Chaloner is a brother of former
Bleu tenant-Governor Lewis Stuyvesant
Chanter and of Robert \v. Chanler, tho
former sheriff, and ex-husband of
Lina Cavnlleri. the French prima donna.
Mr. Chaloner was (he. husband of
Amelia Rives, the authoress, who is
now Princess Troubetskoy. He changed
his name from Chanler to Chaloner at
Raleigh. N. C, in 1S>0S, asserting that
the latter was the ancient patronymic
of the family.
Mr. Chaloner always has asserted
that his family conspired to take his
property away from him, and to have
him shut up as a lunatic. He asserts
that he has always been quite capable
of managing his own affairs, and this
seems to be the belief of his numerous
friends and neighbors In Virginia.
Former Wife Thinks Him Sane.
Certain it la that many of those who
are prominent In business, the profes?
sions and public life are here pre?
pared to testify that Mr. Chaloner, in
their opinion. Is not only of sound
mind, but of more than average Intel?
ligence. The Princess Troubetskoy,
Mr. Chalnner's former wife, hus said
that she believes him snne.
Mr. Sherman was represented by
Joseph If. Choatc, Jr., an auburn
haired youth of manners resembling
In suavity and geniality those of his
Mr. Chalonef's lawyers are Hugh
Gordon Miller. F. A. Ware, William D.
Reed, of this city, and W. Gllmun
Dunn, of Charlottosvllle, Va.
Lawyer Ware opened the Chaloner
side of the case. He dwelt on the
achievements of Mr. Chaloner as a
business man, educator and author.
Mr, Ware quoted "Chaloner on In?
sanity," as conclusive proof that the
lunacy laws of this State give a man
charged with insanity no proper op?
portunity to prove his sanity. He also
referred to Mr. Chaloner's narrative!
of his Bloonilngdale experience. "Four]
Years Behind the Bars," as In Itself
proper evidence that Mr. Chaloner was
at all times able to take care of him?
self and his property.
"A man in this Slate who la guilty
of murder may forfeit his life or be
confined In prison for life," ?inld Mr.
Ware. "But he may not be tried In hla
absence, as was Chaloner, though he
was at White Plains, and the sheriff's
Jury, which adjudged him Insane, was
only twenty miles away. Either death
or life Imprisonment Is preferable tc
the fate to which Mr. Chaloner's bro?
thers condemned him."
Mr. Ware said Mr. Chaloner's trouble
with his family began when as a young
man ho had a fight with Winthror
Astor Chanler. In which Winthrop got
a cut on the head, "which." sold Mr
Ware, "the brother has still, apparently,
a lively memory."
nigger Family Breach.
There was a bigger broach in the
family when ?leds Emmctt. W. A.
Chanler, Robert M. Chanler, Winthrop
Chanler and Louis Chanler were not 'n-,
vlted to Chaloner's wedding when he
married Amolle Rives, now the Princess
I ~ (Continued oil Second Pago.)
aTI,anta- is rn si i \r.jja >i s i: iiv IfI k
Via Southern RaKwaj'i LenVe Richmond
6 P. M. dally. Eteelrje HftLte.l drawing room
n'.otplns car without change, 'Two other
fast trains daily. W7 Cast Main. ?
Taft Nominates New Jersey
JuriBt for Supreme Court
Washington, February 19-?Presi?
dent Taft to-day sent to tho Senate
the nomination of Cnancellor Mahlon
Pitney, of New Jersey, to be an As?
sociate Justlco of the United States
In executive session the Sonato
without discussion referred Chancellor
P'tney'a nomination to the Committee
on Judiciary, which probably will
make a report next Monday.
Approved by M'ilaon.
Trenton. N. J.. February 19.?Gov?
ernor Wilson to-night gave out tho
following statement relative to the
appointment pf Chancellor Pitney to
the Suprtriu Court bench:
?'I have know Chancellor Pitney
ever since we were young men to?
gether at college, and I feol that both
In character and In attainments ho Is
singularly lilted for tho great posi?
tion for which the President has
chosen him. 1 think Now Jersey 1b
to be congratulated upon this choice
of a representative nnd that the court
will find Itself enriched by IPs pres?
Cbancollor Pitney, besides being rec?
ognized as an able jurist, is popular
because of his geniality. Before going
on the Supreme Court hench, he was
active In politics, and represented the
j old Fourth New Jersey District In Con
! Chancellor Pitney becamo a Supremo
Court justlco In 1901, and In 1908 was
appointed by Governor Fort to be
Chancellor of the State, the highest
judicial position In New Jersey,
Labor Fcilerntlnn Protests.
Des Meines, la., February 19.?A. u.
Urlck. president of the Iowa Federa?
tion of Labor, to-day addressed Sena?
tors Cummins ana Kohyon at Wash?
ington, protesting against the appoint?
ment by President Taft of Chancullor
Mahlon Pitney, of New Jersey, to suc?
ceed the late Justice Harlan on the
In a statement, President Urlck said
the appointment of Pitney would be
Inimical to the Interests of the entire
working classes In the United Stales.
He cited several recent judicial opin?
ions as Indicating that Chancellor Pit?
ney was irrevocably pledged to prop?
erty rights as against human rights.
PEACE IN HAWLEY AFFAIRS
Former Itnliwny King's Attorney Says
There Is No Friction.
New York. February 19.?Denying
positively that a win of the Inte Ed-1
win Hawley, the railroad financier; had
Been found, or that there was friction
Oetwoen Miss Margaret Cameron, Haw
loy's ward, nnd the heirs of the estate
'ihn B. Stanchftold. who waa Mr. Uuw
ey'a attorney, said to-night that the
administration of ihc estate through
the ordinary court procedura was pro
pressing without the promise of liti?
gation, as soino reports would appear
"A great deal has been printed about
Miss Cameron which Is untrue." sulo
Mr. Stanchftold. "All who knew Mr.
Hawley were aware thnt Miss Caroeroti
becamo hl3 ward when she wa? nine
years old. Mr. Hawley's heirs under?
stand the situation fully, nnd I say
positively there is no friction What
! ever between them and Miss Cameron.
I That she will be u factor in the dis?
position of I lie affairs of the estate
cannot ho denied, but whatever Is
I done will be done amicably, no that
there will he no contest of any kind."
AEROPLANE TURNS TURTLE
It neconic? I'nmnnngeablc and Aviator
Augustn, Ga., February 19.?Lieu?
tenant F. M. Kennedy, of the army
aviation school, received painful inju
rien this afternoon when the Curtlss
neroplane ho wan driving became un?
manageable nnd turned turtle In nild
' air. throwing Kennedy twenty or thir?
ty feet to the ground. Part of the
machine fell upon Kennedy, crushing
two ribs. He was taken to the hos?
pital In un unconscious condition, but)
examination showed that his tnjur'esi
were not ncrious.
BANDIT ON THE B. & 0,
nobn Slcepluic Car Passengers and
I.cups From Train.
Baltimore. Md., February 19.?Whllo
? the New York-St. Louis express. West
I bound on ihe Bnltlmore nnd Ohio Itnll
' road, was ascending the Rovenleen-nillo
grade between 1'iedmont an,i Altnmorvt,
W. Va., in th,- Allegheny Mountains,
I shortly- before 10 o'clock to-night, a
I masked man, armed with two plsti Is,
Jumped on one of the sleeping cars
I and robbed the. passengers of money
and valuables. He dropped off and
I escaped Just before the train reached
DEATH ON GALLOWS
Supreme Court Decides
Against Heirs of
James S. McCue.
IN KEEPING WITH
Only Congress May Object to
Initiative and Referendum Me?
thod of Legislation, It Being
No Affair of Court, Justices
Washington. February 13.? Death by
the hand of the law voids all life In?
surance policies ot the criminal. Tho
Supreme Court so held to-day in th?
light of tho children of James S. Mc?
Cue, Mayor of Charlottesvltle, Va., who
was executed for the murder of his.
wife in 1303. A policy for $15,000 wan
carried by McCiio In the Northwestern
Mutual Life Insurance Company of
Tho United States Circuit Court of
Appeals lor the Fourth Circuit held
that the policy was made jii Wisconsin,
and under the Wisconsin laws wa& not
annulled by execution on the gallows.
The. Supreme Court to-day held that
the policy was not to go Into effect,
until the payment of tne premium,
which was made In Virginia, ami
therefore that tho pulley was made In
, Virginia, and was not governed by
! Wisconsin law.
After reviewing the cases In the
Federal courts and 'u the courts of
1 Virginia, the court announced that
public policy in both Federal and Vir?
ginia Jurisdictions demanded that doath
j by tho law should void life Insurance.
Qucntlon for Congress.
Washington, February 10.?Only Con?
gress, and not the Supreme Court of
the United States, may object to tho
Initiative and referendum method of
legislation in tho States, so the court
itself decided to-day.
That tribunal held that tho question
of whether a State still maintained a
republican form of government, guar?
anteed by the Feaeral Constitution,
after it adoptod the initiative . and
referendum method, was u political
problem for Congress, and not a ju?
dicial one for the courts.
The decision was based on the claim
of the 1'aclflc States Telephone and
'telegraph Company that a tax upon it.
Imposed by thu Initiative and referen?
dum muthod In Oregon, was unconsti?
Tho Initiative and referendum pro-<
visions In Missouri, California, Arkan?
sas, Colorado, South Dakota, Utah,
Montana, Oklahoma, Maina and Ari?
zona hung In the balance. An ad?
verse decision would have affected pro?
posed legislation of that character in
many other States.
Chief Justice While, announced the
decision of the court. None or the
lustices dissented. The Chief Justice
?ald that "a singular misapprehension'1
lad existed on both sides of the case,
out that the mists and contusion were
\ Jlspelled by the decision of Chief Jus
ilce Taney years ago, in which he dis?
posed of the Dorr's rebellion question.
That wns the case of Luther vs. Bor
len, he said, and decided that the en?
forcement of the guaranty of a repub?
lican form ot government to the Slates
Belonged to the political department
jf tho government, and came up. for
instance, on the admission of Senators
ind members of the House to their
respective bodies. The Chief Justice
?jailed attention to Chief Justice Ful
i ier following Luther vs. Borden in
I ;ho controversy over the Kentucky
I government in the caso of Taylor vs.
I ?eckham. Referring to the doctrlna
xs laid down In theso two cases. Chic?
I Justice White said:
"It Is indeed a singular misconcep?
tion of tho nature and character of our
constitutional system of government
to suggest that the settled distinction
which the doctrine just stated points
out between judicial authority over
justiciable controversies and legisla?
tive power as to purely political ques?
tions tends to destroy tho duty of the
judiciary in proper cases to enforce the
"The suggestion results from failing
to distinguish between thing", which
are widely different: that Is. the legis?
lative duty to determine the political
questions involved In deciding Whether
a state .government republican in form
exists, and tho Judicial power and over
present duty. whenever it becomes
necessary In n controversy properly
submitted, to enforce and uphold tho
applicable provisions of the Constitu?
tion as to .ach and every exei'clso
of governmental power.
li- Nature Political.
"How better can the broad lines
which distinguished these two sub?
jects be pointed out than by consider?
ing the character of the defense In
th's very case. The defendant com?
pany does not contend here that it
could not have been required to pay a
license tax. It does not assert that It
was denied an opportunity to bo henrd
ns to the amount for which it was
taxed, or thnt there was anything in?
hering In the tax or Involved in
trinslcull> in the law which violated
any ol its constitutional rights. If
such questions had been raised they
would have been Justifiable, and
therefore would have required tho
calling into operation of judicial pow?
er. Instead, however, of doing any of
these things, the attack on the
statute here made is of a wholly dif?
ferent character. Its essentially poli?
tical nature Is ot oi.ee made manifest
by understanding that tho assault
which tho contention here advancod
makes la not on tho tax as a tax, but
op the State, as a State. It Is ad?
dressed to the framework and poli?
tical character; of the government by
which the statute levying the tux wns
passed: It Is the government. tho
political entity, which (reducing the
t ; -e to Its ossehci i Is called to tho
1> r of this court, not for the pur?
pose o! test'ng Judicially some, exer?
cise of power nsctiled on tho ground
that its exertion has Injuriously af*
teeted the rights of un individual bed