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New-York tribune. (New York [N.Y.]) 1866-1924, December 23, 1900, Image 1

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V nl LX X" 10.7 C.l.
r rrirht: 1900: By The New-York Tribune.]
London. Per. 22.— The English Christmas may
not be merry this year, but It will not be so
dreary as it was in 1899. There is no dread of
another Torktown at Ladysmlth, and the cup
of national humiliation after unexpected re
rerses is no longer brimming over as It was a
twelvemonth ago. The campaign in South Af
rica has not been going well during the last
fortnight, and the capture of four companies of
Infantry at Dewetsdorp and the unfortunate
Forprise of Clements'* force at Nooltgedacht
have been followed by the invasion of Cape
Colony at two points; but the army of occupa
tion If in undisputed possession of all railway
line? and all important towns in the Dutch
territories, and neither temporary checks like
tho?e of the last fortnight nor a fresh foray of
the raider? can endanger the success of the Brit
ish arms achieved under Lord Roberts'* leader
ship There is also a new point of view for the
estlre field; the Boer war was for a long time
t source of mortification to Englishmen because
nf their conviction that there was neither glory
jior honor In making a laborious conquest of
two feeble republics, when that contest was
rendered onesided by the overwhelming su
periority of British resources. Englishmen now
console themselves with the reflection that the
advantages of defensive warfare have counted
as ten to one In favor of the inferior force, and
that no modern army could have done better
than their own has done in subduing a unique
body of Irregulars and guerillas like the Boers.
An enormous British army still remains In
South Africa, and requires reinforcements, but
the victory has been won. and cannot be un
done, and there is nothing to embitter the
Christmas cheer.
There has been a marked Improvement In
foreign relations during the last year. German
friendship has proved to be real and earnest,
and French jealousy has been less mischievous
than was feared. If it be impossible to find out
what Is going on in China, the Anglo-German
alliance is an evidence that British Interests
have rot been neglected, and that no European
coalition can be formed against them. If the
Anglo-American relations are really clouded by
the Senate amendments to the canal treaty, the
English press Is slow in discovering it, and the
general public is Incredulous and optimistic.
"The Saturday Review," true to Its mossgrown
traditions, finds In what it describes as "the
Nicaragua scandal" proofs that the United
States Senate is playing havoc with the rights of
nations and international agreements, that the
President it a weak politician, and that Eng
land, by her policy of perpetual concession to
the United States, has herself to thank for the
whole pother. "The Economist." in a graver
and more convincing argument, lays stress upon
i-^tMfeKr. of respecting treat*** nnui tneir oblifra-.
-^¦K» dissolved l>y mutual consent, and ex
•>-•: tbVho"pe "that Mr. K'.r. •--'•• will rise to
' the occasion and become the champion of un
sullied National honor and public faith. Even
the mellow "Spectator," .which would accept
fortification of the canal as a guarantee of neu
tralization, charges the Senate with treating
the Hay-Pauncefote convention as If it were
the work cf the merest Ignoramus, and with
Facrificing treaty obligations with levity and
recklessness. These weekly moralists take a
more serious view of the whole affair than the
daily press. The general impression is that the
transcontinental railways are making use of
thp Senate to kill the treaty and prevent the
"•r.Ftruction of the canal, and that the McKin
]<?y Administration, rather than England, is un
der attack. If Secretary Hay ha* contrived in
the agreement with the Nicaragua Government
to outwit the Senators and to Include in It a
guaranty of his own convention with Lord
Pauncefote. or if President McKinley can offer
the Foreign Office some leeway for making con
cessions based on equivalents, it may not be
Impossible to patch up some fresh compromise,
although the probabilities are against It. The
result will depend upon the President's own at
titude and defensive resources. Neither the
Foreign Office nor the English people have any
desire to prevent the construction of the canal
in the interest of the freight business of the
Financial conditions are favorable for £- long
holiday on 'Change which virtually runs from
to-day to next Thursday. The strength of the
American markets has imparted steadiness to
securities of all kinds here, and while the re
¦nrc in the Bank of England is low. it will be
raised when dividends are released in January,
and money will be in plentiful supply until the
middle or end of March, when another squeeze is
expected. A large amount of American and
French money is now employed in London,
where good Interest is earned, and this is not
likely to be withdrawn during the opening quar
ter of the year. There is talk of a Spanish loan
in Paris, which will reduce the French reserves
here, and there have been elements of grave
financial uncertainty in Germany, which are
minimized by the combined action of the Berlin
banks in insuring the payment of the January
coupons on mortgage bonds in circulation. There
have been Figns of a crisis in Brazil over the
*«i*i&tjve raid on foreign banks. The year,
however, is closing in nearly all the Continental
?¦xebangep with reassuring evidences of confi
dence and stability.
"Court circulars" show that the Queen Is
driving dally at o&borne, and this is accepted as
a sign that the apprehensions current In the
'>'ce 6t6 t End respecting the failing of her health
Are groundless. It is noticeable that the royal
trnmtty party for Christmas is smaller than usual
and that the Cimlez plan* are In a state of un
certainty. Without doubt there has been con
siderable uneasiness in the inner circles at
the Queen's loss of appetite being consid
ered an unfavorable symptom, and her anxiety
over the recent bereavements and harassing
<*«* of Princess Christian's household being
noticeable. The Queen 1* described by those
who have Keen her recently as unusually hag
«*r«J and shrunken.
The Ministers are all in retirement in the coun
try, and there will be hospitality and gayety
from shire to shire during the next fortnight.
All the great houses from Chatrworth down will
•>• open, and shooting will be the great attrac
tion at many of them. The Shropshire, Shrews
bury and other hunt balls have been suspended.
and as a substitute contributions have been
made to war charities. Dancing may be de
ferred, but shooting will go on with unabated
**<W. since th»=re was no Christ man sport last
rokdaiiH on fourth pace.
Kvari* E*c«iitnt Ale and Stout— Everywhere.—
The Manhattan Club celebrated its thirty-fifth
anniversary last night, and the club displayed an
amount of vigorous vitality that was most Im
pressive. If Richard Croker, somewhere off in
Europe, could have looked in on this celebration
last night and seen the throng gathered there
and heard the remarks about himself, he would
have been enraged beyond words. Never in Its
history has the club he started out to destroy
been so prosperous. The club was packed to the
doors. Ex-Senator Hill was there, and, although
he did not make a speech, he was heartily wel
comed. Before he went to the club he had a long
talk with ex-Senator Murphy, John B. Stanch
field, James K. McGuire, Elliot Dauforth and
Frank Campbell. Mr. Hill would not talk poll
tics, but his long conference with Mr. Murphy
was regarded as most significant. It was as
serted that while as an organization the Man
hattan Club would take no part In the next mu
nicipal or State campaign in a factional way.
yet its whole Influence would be thrown against
Richard Croker. The showing made by the club
last night demonstrated that this Influence would
be powerful.
It was said that William C. Whitney would
attend the celebration and take an active part,
but at the last moment he sent regrets. From
the talk among those who gathered at the club
It was evident that Mr. Croker's political future
was black indeed if the club could blight it.
The members of the club remember when
Croker declared he would ruin the Manhattan
and make the Democratic Club the dominant
social organization of the party in the State.
The club has recently prospered greatly, and
the presence of Mr. Hill and the intimacy be
tween him and ex-Senatcr Murphy were com
mented upon on every side. It was freely said
that Murphy, Stanchfleld and Hugh McLaughlln.
who supported Croker in the last State Conven
tion, had decided to cut loose from Croker and
aid Hill.
It was a gala right, and Hill's political star
•was In the ascendant. Anti-Tammany and
antl-Croker sentiment was overwhelming. The
Manhattan Club in the past has been a power in
State and National politics. When Bryanism
and Crokerism fastened themselves like a cancer
on the party the Manhattan ceased to be active.
Lately, however, there has been a revival of
political activity in the club. It is Indicated that
the club will come to the front with all its old
vigor and aggressiveness in State and National
and municipa" politics, and it will be arrayed
against continued Tammany domination.
The clubhouse was appropriately decorated,
and long before 10 o'clock, tha hour set for the
dinner, the house was packed. Every one was
Jovial and happy. The long tables, with snowy
linen and silver plate, looked most inviting.
.There . was . a hum of conversation- and. an at
mosphere of cheer over the whole scene. At 10
o'clock dinner was served. „ ' .'
At tb" r-"i***t tabli? were Ihwlcient Truav. Vies
President Hone, Daniel ;.ior-..n. David B.
Hill, John G. . Carlisle, Judge Denis O'Brien,
Judge Cullen, Ashbel P. Fitch, R. B. Roosevelt,
Judge M. T. McMabon, Douglas. Taylor, George
Abbot. J. H. Parker, T. E.. Benedict, Randolph
Guggenheimer, W. B. Hornblower, D. S. La
mont, Judge H. A. Gildersleeve, Perry Belmont,
ex-Mayor A. S. Hewitt, ex-Mayor Hugh J.
Grant, Edward Patterson. Allan McDermott,
Chief Judge A. B. Parker. John D. Crimmins,
Judge Miles Beach, W. F. Harrity. Augustus
Van Wyck. S. W. Rosendale, R. Blodgett. H. 3.
Little, Judge Morgan J. O'Brien, Arthur In
graham, W. F. Shcehan. Judge C, H. Van Brunt,
Mayor Van Wyck, Edward Cooper, Edward
Murphy, jr., E. M. Shepard. H. S. Thompson,
H. D. Macdona. St. Clair McKelway. John B.
Stanchfield. Judge Willard Bartlett. C. W. Day
ton, D. B. Gilbert and Sylvester J. O'Sulllvan.
In his address Judge Truax. president of the
club, said, after outlining the history of the
Its constitution says that the object of the club
is to advance Democratic principles, to promote
social intercourse among its members and to
provide for its members the convenience of a
clubhouse, and we believe that the club is living
up to its constitution.
Ever since the organization of the Democratic
party it ha* contained many idealists. Jef
ferson was an idealist. His great idea was the
Declaration of Independence, his great idealism
that all men were created free and equal. Mon
roe was an idealist. His idea was America for
Americans. Now, where you have a body of
men of pronounced ideas, you are likely to have
men of different Ideas, which means differences
of opinion. Such is the case at the present time
In the Democratic party. Differences have arisen
in the party, hut it to be hoped that they are not
of so serious a nature that they cannot be rec
onciled. But. whatever differences in the party
have arisen, this club has never taken any part
in them.
It has been the tradition of the club since its
organization that it should be the home of all
Democrats— the East, from the West, from
the North, from the South— that when they
entered the doors of the Manhattan Club they
left all differences behind them, and met within
its walls as men having but one object— the suc
cess of the Democratic party.
After the dinner was over the members of the
club held a sort of informal reunion, and the
men who in the last campaign were allied with
the Hill and Croker factions fraternized.
There was a report that President Cleve
land, who is a member of the club, was to be
present, and his absence was greatly regretted.
as was that of William C. Whitney.
Patrick Mulligan, thirty-five years old. living
in East Thirty-seventh-st., was crushed and bo
seriously injured by an ascending elevator in the
Salvator Brewing Company's building, at No. 400
Cherry-st.. yesterday afternoon, that he died an
hour later at Gouverneur Hospital. Patrick Rai
digan. thirty-eight years old, of No. 420 Warren
St., Brooklyn, who was with Mulligan when the
accident happened, was severely injured about
the hips and side, but will recover. He Is at
Gouverneur Hospital.
The rules of the company for employes forbid
them to ride on the freight elevator, but the two
men got on and started the car. They did not
understand how to control it. Frightened at the
sneed it gained, they attempted to jump off over
one of the gates. They were caught between
the floor of the elevator and the ceiling of the
room. Other employes released them.
An ambulance from Gouverneur Hospital was
summoned, and Dr. Flelschhauer responded.
The men were taken to the hospital. Mulligan's
injuries were for the most part Internal, and he
died an hour later. 11* had been at work at
the brewey but a short time, and no one knew
his sddreiw. ;j-':--.v
Th( mfi-nery Brand and beautiful. the track smooth,
/hi Mr« "elerii and com'ortable. the time fast, the
ana frequent, make- the New York Central the
reUllnetoth.W^Advt.. ¦
At his desk in the District Attorneys office before his removal by Governor Roosevelt. Tt will
be noticed that pictures of Colonel Gardiner's political sponsors-John Whalen, Richard Croker and
John F. Carroll— appropriately adorn the wall.
-1.006.040 SHARES SOLD.
With money still easy in spite of the enor
mous trading of the last few days, with the
outlook still highly favorable for continued
industrial prosperity throughout the country
and with Christmas cheer in their hearts and
the fine big Christmas tree before their eyes on
its lofty platform erected in the Board room,
the brokers of the New-York Stock Exchange
yesterday bought and sold stocks as never be
fore since the Exchange opened its doors.
There are only two hours of trading on the
Stock Exchange on Saturdays, but in those short
two hours yesterday 1,006.040 shares were sold,
the total transactions exceeding the figures of
November 10. up to yesterday the "record Sat
urday," by 137,000 shares. The dealings for the
; first ,, haJ f_h<3ixr find the. <1»-st ' fr^ucijy*,*^ ... abi-J; ,- .*»
great : as jto**- establish new records tor those
periods. .
The market opened with a tremendous rush.
There were "wide openings" in about half a dozen
issues— Sugar. Tobacco, Brooklyn Rapid Transit,
Southern Railway, St. Paul — the whole list
showed advance as compared with Friday's
closing quotations ranging all the way from
fractional gains to 4 per cent. The volume of
business was so overwhelming that the "special
ists" had to refuse all small lot orders. The
Granger stocks were especially strong, notably
St. Paul, as well as the Southwestern group;
and In the industrial class People's Gas, Sugar
and several others made substantial gains.
Brooklyn Rapid Transit was another exceeding
ly strong feature. Business kept up Its tre
mendous pace all through the first hour.
London was a heavy buyer, the purchases for
that account being estimated- at from 50,000 to
75,000 shares. The out of town buying and the
local buying were in enormous volume, and the
steadily upward trend of prices, combined with
the appearance of a favorable bank statement,
finally caused the shorts to lose heart and run
to cover. There was profit taking on a vast
scale, the effect of which was naturally to pro
duce temporary recessions; and in some of the
issues the close showed small net declines for
the day. But the general list maintained its ad
vance, and the market closed strong and
The sales of bonds were in keeping with the
large business done in stocks, the total amount
being $3,401,500 (par value).
The largest net gain yesterday, 5% per cent,
was made by Sugar, which closed near the top
at 140%. Brooklyn Rapid Transit went to 84%
and closed at 83%, a net gain of 3tt per cent.
St. Paul closed at l."l>*i, net advance '2% per
cent. People's Gas closed at 102, V~ per cent
under the high price of the day and 2^ per
cent above Friday's last quotation. Illinois Cen
tral gained \Vz. The Erie issues declined frac
tionally. Manhattan and Metropolitan each
gained % per cent. St. Louis Southwestern pre
ferred gained Hi points, Texas and Pacific l'^,
Missouri Pacific %, Missouri, Kansas and Texas
preferred &•
A year ago last week the stock market was
gloomy and depressed under the influence of the
"December panic." Some of the prices prevail
ing at the close on December 18. ISitO. the "panic
day," as contrasted with yesterday's closing
figures, are: Dec. »S.
!>¦!''.> Yesterday.
Sugar *», If.;*
Tobacco '2 * '' = ,
A tchison preferred »•_' >•< °*
Baltimore and Ohio «*•» M*
Baltimore and Ohio preferred <!<** N'Vj
Brooklyn Rapid Transit «5.» K\\
Burlington ¦ '}£*• '*!$
St. Paul "2 »«%
Northwestern H* '«'¦'
Reading first preferred 4fl •¦'
Rock Island 100 ION
General Electric ... . 110 lite
Consolidated Gas 16* 1!t ",
Manhattan *"'* "•? *
Metropolitan ]*> lllHi
New- York Central 12" M»H
Northern Pacific «''« £•**>
Northern Pacific preferred HS S3
Southern Railway preferred «0», 1214
Southern PBcific ••• •'';'» J»i
I'nlon Pacific preferred '•'»'• v _«
Erie >]'* ~'J»
Kile first preferred 28 S?Ji
Federal Steel • *•(*
General Electric "3 1! * 1
Boston. Dec. 22. -Nathan S. Kelly, of thin city, a
Harvard student, after having called upon a po
liceman for assistance, secured an audience with
his recently wedded wife at her home, in Newton,
after her parents had refused to permit him to
enter the hou«e. and to-day the couple are together,
having left Boston. A brief notice, which ap
peared In the marriage column of a Boston paper
yesterday, announced that Nathan S. Kelly, of Bos
ton, and Mil' Agnes O. Chase, of West Newto.i.
had been married at Providence, R. I . on Septem-
Mr Kelly lives in Boston nnd If a student at the
Harvard Law School. Hie wife Is the daughter of
the late Josiah B. Chase, and her family Is promi
nent In Newton social circles, Since her marriage
Mr*. Kelly has been residing at the home In Vi'e*t
Newton, and up to yesterday wan generally sup
posed to b' still Ml.«b Chflfte. no»h families, bavin*
retrained from making. the marriage public,.
After a conference yesterday afternoon with
Governor-elect Odell. State Chairman Dunn,
Lieutenant-Governor Woodruff and Speaker
Nixon, Senator Platt, speaking for the leaders,
announced that Chief of Police Devery would be
removed from his present position before Feb
ruary 1.
This Is to be brought about by an amendment
to the much talked of Police bill abolishing the
present Police Board and removing Devery.
Nothing definite was - done as to selecting a
successor to General F. V. Greene, who last
week resigned the presidency of the Republican
i County Committee.
1, Governor-elect Odell announced the appoint
ment of Harrison K. Bird, of this city, as his
military secretary, with title as major, instead
of colonel,^afi v here^for^-.;-Mr.v r del* «-.!<*. h!*
* •^•t**sase*^^'TTw^r^slature''wa3!"Btli»^ luHcbm
:hiei . 9 ,' ¦
*"* s' ; ¦:¦ -. '¦¦; ¦¦."> ; ¦>-
>^«' t- ._' 1 single headed police commission bill, the
| salient features of which have been referred to
j in The Tribune, will be introduced the first day
I of the session of the Legislature, quickly fol
j lowed by ? bill providing for a bi-partisan
! bureau of elections, independent of the Police
Department, the commissioners to be appointed
by the Mayor. Two other police bills will be
i held back. If Mayor Van Wyck shows a dis
position to appoint a commissioner who meets
the approval of the Republican leaders, the other
bills. it was intimated last evening, may not be
introduced at all. If the Mayor fails to "come
to time," one of the other bills will be presented
and probably "jammed through." it was said.
One provides for a State constabulary system
for the entire State, the other for three commis
sioners, with strict supervisory powers over
every Police Department In the State.
The bill which is expected to bring about
satisfactory results to the State organization
leaders, provides for a single commissioner for
this city, to be appointed by the Mayor, and
subject to removal by the latter. It also pro
vides that the Governor when he believes that
the Police Commissioner is Incompetent or
should be removed for any cause may demand
1 of the Mayor in writing the removal of the of
ficial. If the Mayor refuses to act. then the
Governor is to have full power to remove the
offending commissioner and appoint his suc
Senator Platt saw the reporters at 5:30 o'clock.
When asked if the Republican party had any
Immediate remedy for the present complications
' in the Police Department, he said:
' "Mr. Devery will go within thirty days."
"Does that mean that there is no doubt about
1 the quick passage of a Police bill?" he was
There isn't any doubt about It." he answered.
"If any bill goes through the Police bill will be
the one. and I think it will be the first one
! passed."
! At the time of the interview. Governor Roose
velt had not appointed John Proctor Clarke as
the successor of Justice Beekman. When the
Senator said that he understood that Mr. Clarke
had been selected by the Governor, some one
asked if the organization would indorse him.
••The organization will indorse Mr. Clarke after
he Is appointed. That." said Mr. Platt. with a
broad grin, "is what the organization has gen
erally had to do with all of Governor Roose
velt's appointments."
When asked about the conference among the
leaders' yesterday afternoon. Senator Platt said
that the greater part of the time had been de
i voted to talking about the Senate and Assembly
committee chairmanships, and that no changes
of importance would take place.
Last night Mr. Platt had a conference with ex-
Senator Gibbs and William H. Ten Eyck, chair
man of the Executive Committee of the Republi
! can County Committee. It Is understood that
the presidency of the County Committee was
offered to Mr. Ten Eyck. but that he declined it.
General James M. Varnum Is also talked of for
the place.
Harrison K. Bird, the new military secretary.
is a member of the Union League Club of this
. -ity He belongs to the "Ist Regiment, and dur
ing the Spanish-American War helped to organ
i ize the 171 st. He went to Porto Rico to assist in
dispensing assistance to the hurricane *ii<T^rers.
He lives at the Union League Club.
Mr. Odell returned to Newburg on the 6:30
train. He will be in New-York again this week.
Brooklyn Central Office detectives at 10:30 o'clock
last night made a raid on a place alleged to be a
gambling house, at No. 41 Rockwell Place. Brock
lyn Thirteen persons who were engaged in play
lpg roulette, faro and other games of chance were
arrested W. H. Duboia. who was said to He the
proprietor, was charged with keeping a gambling
house. The charge against the others was di»
order'v conduct.
A number of roulette wheels, faro outfit*, chips,
cards and other gambling paraphernalia were
petzed and taken to Headquarter* Th» men were
locked UP, and will be arraigned this morning.
The fact that this raid occurred Jutt after the re
iurn of Deputy Chief McLaughlin to Brooklyn is
considered to be significant of the policy whl
Intend* to pursue. It wa» »ald that Chief Devery
transferred McLaughlin at the behest of the
want VELVET. Try. Evans* Ale.— Advt.
Am Bird Gardiner is no longer New- York's District Attorney. Governor
Roosevelt removed him last night after a long hearing in the Executive Chamber
at Albany.
The vital charge against Gardiner, the Governor announced in formally
ing his reasons for the removal, was his attitude toward the indictment aga ¦:
Chief Devery.
The Governor appointed Eugene A. Philbin to succeed Colonel Gardiner.
Mr. Philbin, who has been a member of the State Board of Charities and a law
partner of the late T«dge Henry R. Beekman, is an Independent Democrat and
vigorously opposed Croker in favor of ex-Judge Daly.
Governor Roosevelt last night also appointed John Proctor Clarke to the
Supreme Court Tudgeship made vacant by the death of Judge Beekman.
Albany, Dec. 22. — Governor Roosevelt to-night
announced the appointment of John Proctor
Clarke, of New-York City, to fill the vacancy
caused by the death of Justice H. R. Beek
man. of the Supreme Court of the First De
John Proctor Clarke, who was named as Justice
Beekman's successor, was seen at his home. No. 1
West Elghty-flrst-st . by a Tribune reporter last
night, after the news of his appointment was re
ceived. In answer to the reporter's question, he.
•aid he would accept the appointment.
John Proctor Clarke is a well known Republican
lawyer of this city, and was Assistant Corporation
Counsel in the Mayor Strong administration. He
served as counsel for the Fallows Committee, which
investigated the affairs of the Surrogate's office in
this city, and was associate counsel with Frank
Moss of the Mazet Committee, which inquired Into
the administration of the city departments under
Mayor Van Wyck. He was appointed a Deputy At
torney-General by Governor Roosevelt last winter
to conduct the investigation of the alleged malicious \
rumors circulated about the Brooklyn Rapid Transit j
Company. He was president of the West Side Re- j
publican Campaign Club in the Roosevelt campaign I
two years ago. and accompanied Colonel Roosevelt .
on his campaign trips about the State, making •
many speeches. He has been a member of the Be- •
publican County Committee and "belongs to the .
Union League Club and the Republican Club of ,
New-York. ¦ I
¦.-",'• - • ' *
Eugene A. Philbin Is- a prominent member of the
Bar Association of the City .pf New-York, and
senior member of the firm of Phtlbln & Beekman.
corpora tloA lawyers, at No." 11l Broadway. He is
-i£. . -independent-. Dertocrat. > Mr Fbilbln took an
"active part lin the- movement againsr^Croker^Qr'tha
re-election of former Justice Daly to the Supreme
Court bench, and was one of the chief promoters
of the dinner riven to Mr. Daly after his defeat.
Mr. Phllbin has long been actively identified with ,
Catholic charities in this city, such as the Cath- j
olic Orphan Asylum, the United Catholic Chari- j
ties, the Catholic Home Bureau, and as a director I
in the Catholic Club. He was born in 1857. in this j
city, and was graduated from Seton Hall and St. j
Francis Xavler colleges and the Columbia Law ;
School. Mr. Philbin was associated in business
with Justice Beekman for ten years before Mr. ,
Beekman ascended the Supreme Court bench. I
On August 21. 1839. Governor Roosevelt appointed
Mr. Philbln a member of the State Board of Chari
ties to succeed John Vlnton Dahlgren.
Mr. Philbin said when approached on the subject
of the appointment:
I did not expect the appointment, although it is i
true that when I was chairman of the Commission I
of the Soldiers and Sailors' Home at Bath. I be
came well acquainted with Governor Roosevelt and I
formed a warm friendship for him. I presume it is [
on that account that I have been honored. I re
moved several Republican office holders from the j
Home while I was head of the Commission, and '
Governor Roosevelt at all times thought I acted •
justly in the matter. I feel honored by the ap- J
pointment, and shall conduct the affairs of the ,
District Attorney's office without regard to politics !
and without fear or favor of any faction. That is |
all I have to say. _ \
Colonel Gardiner arrived at the Waldorf-Astoria '
at 1:15 o'clock. A number of reporters met him. but \
he declined to say a word about his removal, and j
went directly to his room.
Colonel Asa Bird Gardiner was born in the First {
Ward of New-York City in 1839, and was educated ¦
in the College of the City of New-York and the law j
department of New- York University. When the |
war began he dropped his books and joined the [
Union Army. He was several times brevetted. and
received a Medal of Honor from Congress. Pro
moted in 1873 from the Ist Regular Artillery to be a
Judge advocate in the Army, he was. in the follow
ing year, assigned to be professor of law at the
United States Military Academy at West Point,
with the rank of lieutenant-colonel, an office he j
held for several years, until he became Government j
counsel in the Fits-John Porter case. He has
represented the Army and Navy in many cases In
the civil courts. He is the author of ••Jurisdiction j
and Powers of the United States and States Courts j
in Reference to Writs and Habeas Corpus as Affect
ing the Army and Navy." 'Evidence and Practice t
in Military Courts." '"The Rhode Island Continental ,
Line in the Revolution," "Uniforms of the Amer- j
lean Army from 1775." and other books. Colonel j
Gardiner is a member of the Union, the Metropoli
tan, the Democratic, West Point. 7th Regiment [
Veteran and Delta Kappa Epsilon clubs. He has
been a member of the Law Committee of Tammany }
Hall was elected District Attorney by Tammany I
He was elected District Attorney by Tammany
in 1837. and the administration of his office has
been the subject of much public comment. \o
luminous charges of maladministration In office
him were preferred to the Governor by the City
Club on October 31. 18». asking for his removal,
but the Governor decided that they were Insuffl- ,
dent to warrant his removal. The Grand Jury |
In March made a presentment blaming him for i
wilful and perfidious failure to aid the Jurors in ,
bringing miscreants to Justice. .^ j
Northport.' Long Island. Dec. -Mrs Adalln# ;
Fox. who for many years lived here, died to-day. j
She was in her ninety-second year, and was the
ass nerion in the town. Mrs. Fox was a pen
sioner of the War of ISI2. Her grandfather served
in the Revolutionary "War.
BRrSGjyr, westers la sds passes gers. S
London. Dec. 23.-The American Line steamer
New-York, which sailed from Southampton via
Cherbourg to-day, took the passengers of the Red
Star steamer Westernlahd. from Antwerp for New-
York which was towed into Southampton with the.
loss of her propeller.
ia imported than »bat of G. H. Murom* Extra Dry ;
now coming to »hi« country: hene th» enormous I
imports— ca»«» in el«ven months th»» year.
kor 72.163 more than any other brand.— Advt.
pkicp: five cents.
Albany. Dec. 22. — Governor Roosevelt has re*
moved District Attorney Gardiner of New-York,
and has appointed Eugene A. Philbln as bis suc
cessor. This action was taken by the Governor
after he had listened for eight hours to-day to
evidence submitted by John H. Hammond.
Deputy Attorney-General, in support of the
charges he made against the District Attor
ney and by Franklin Bartlett as counsel far
Colonel Gardiner. Mr. Philbln Is a distin
guished Gold Democrat of New- York, who
voted for Palmer and Buckner. The Gov
ernor, it will be observed, did not think it
necessary to go within the lines of, Tammany
Hall to obtain a successor to Colonel Gardiner.
Governor Roosevelt's reasons for removing
Colonel Gardiner are as follows:
The charge vitally affecting the conduct of the
District Attorney is that which relates to his at
titude at and about election time toward the
indictment of Chief of Police Devery. after the
latter had Issued a scandalously improper and
seditious order to the police force under him.
"Where the conduct of the District Attorney of
the county of New-York affects elections this
conduct becomes a matter not merely of county,
but of State and National concern. Fraud or
violence at the polls in New- York County in a
National election may concern not merely th«
county itself, not merely the other counties of
: the State, but also the other States of the Union
i It Is a mere truism to assert that honest elec
tions, free from both fraud and violence, stand
: at the very basis of every form of republican
self-government. There is no use in discussing
; principles and Issues unless it is settled that the
: conclusion which the majority reaches upon such
principles and issues shall be honestly recorded
in the election itself. There can be no possible
justification for any man, and above all for any
public officer, failing to do everything in his
power to prevent crime against the ballot box.
No more serious crime against the State, and in
time of peace no crime as serious, can be comm
itted. .. . ' ' .
Before the election ' In" : last November there ;
was the most open Incitement by certain lead
1 Ing politicians to violence and fraud at the polls.
j In New- York State in particular, this Incite
! ment took the form of a naked appeal to mob
violence, the leader of one of the two great par
ties in this State urging his followers in repeat
ed public utterances to gather at the polls and
criminally assault the officers of the law in cer
tain contingencies. Utterances such as these, of
course, excited great public uneasiness, and bade
fair to cause the most serious disturbances, but
there was nothing to be done regarding them
' so long as they were only the utterances of In-
I dividuals In private life.
When, however, the Chief of Police of the city
of New- York Issued a public order to his sub
ordinates, in which he incited them to criminal
violence of the law — an order which was cer
: tain to cow and terrorize some men. and to en
courage the entire disorderly and lawless ele
ment — situation became so grave as to can
for the interference of the chief eexcutive of the
, State. Accordingly, the chief executive notified
I the Mayor, the Sheriff and the District Attorney
that in view of the issuance of this order they
would be held to a strict accountability for their
acts in preserving or failing to preserve, the pub
i lie peace. The Mayor and the Sheriff promptly
responded to this notification, expressing and
! showing their desire to see that the laws were
} observed, the Mayor taking Immediate steps to
! force the Chief of Police to rescind the obnoxious
! order itself. About the same time the GranTT
i Jury found an indictment against the Chief of
I Police for having issued it :
I Among the city officials charged with the
• solemn duty of enforcing the laws, the Dis
j trict Attorney, on whom rested the heaviest re-
I sponsibility in the enforcement of the law. gave
j by public utterance, aid and comfort to the
Chief of Police. There Is a flat conflict of verac-
I ity between the District Attorney and his ac
j cusers on this point. In the newspapers of the)
[ day following those containing the publication
> of the Chief of Police's order, there appeared
i interviews with the District- Attorney in which
I he attacked the Grand Jury and justified the
! action of the Chief of Police. To give out such.
I Interviews was. of course, to give active en
!" couragement to every element In the community
• which was enlisted upon the side of fraud and
i violence. The District Attorney denies that he
j gave them out. Two witnesses have testified
that he independently gave them interviews
] which were substantially the same, and in one
; case the testimony Is explicit that he was In
formed the interview was for publication.
These interviews, and others like them, ap
peared conspicuously in the various morning pa
' pers, and were never repudiated then or after
. ward by the District Attorney. He never ac
: knowledged in any way the receipt of the notifi
! cation by the Chief Executive, which, if any
thing had been needed, would certainly have
1 called his attention to the gravity of the situa
i tion and have aroused his vigilance as to any
j thing he might say or had said. Under the clr»
cumstances. it is impossible to believe that ho
did not give any such interview, or that he was
I ignorant of Its publication.
( It is equally incredible he could have been
j ignorant of the effect that might be produced by
! such public statement* from that county of-,
ficial . whose special duty it should have been to
i see to the observance of tho law in the county.
j Had the other officials concerned assumed or
preserved a similar attitude the very gravest
| consequences might have ensued, and the Dis
! trict Attorney cannot be allowed to profit by
the fact that the action of others prevented the
evil consequences of his own acts. As to the
charges that the District Attorney failed In his
duty in assisting the officials of the Attorney-
General's office who were concerned in prevent
> ing violations of the Election laws, it appears
' that there was such failure in at any rate cer-
I tain cases prior to the election. This does not
1 appear to have been the case after the election.
I It is impossible again to accept the plea that
. acts like these are to be excused on the ground
i that they spring from folly, rather than from In
j tent to do wrong. Under these circumstance*
; the District Attorney of the County of New- York
I is removed from office.
When the hearing begsn the Executive Cham*
! ber looked as if for once the Tammany Hall Gen
eral CTnmittee was meeting there, for a large
proportion of District Attorney Gardiner's fore*
of assistants had come to Albany to witness his
trial. District Attorney Gardiner headed this
fore*, having as his counsel Colonel Frankly
Bartlett The others present were John F. j|e-.
I -and the tools go to him that can use , l Q ein"— '¦
Steven by C H Evans & Sons, bmr»r» Hudson.
N. T.— Advt.
' ) ¦

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