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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, January 05, 1901, Image 3

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REAPPORTIOXMEXT FIGHT.
jHE TEMPEST IN THE HOlSi; Sll'.
prPKs.
OLMSTED RESOLUTION REFERRED TO CEN
SUS COMMITTEE— NO REDUCTION OF
SOUTHERN REPRESENTATION BY
t THE PRESENT CONGRESS.
[BT TELEGRAPH TO THE TEIBCXE.]
Washington, Jan. 4. — The parliamentary tem
pest raised yesterday in the House by the intro
duction of the Olmsted resolution requiring the
Census Committee to look into the various
echemes of disfranchlsement now in operation in
Southern States blew over to-day, when, without
division, the resolution offered by the member
trca Pennsylvania mm referred to the Census
CBBBilttee. Parliamentary etiquette and sound
policy were thus equally satisfied, for by the
courtesies recognized in the House the commit
tee oa which an Investigation of such Importance
to to be thrust naturally expects to be allowed to
draw the authorizing resolution after its own
faster. while, as the debate to-day clearly
jhowed, no apportionment bill could possibly be
passed by this Congress if the two houses should
be compelled to wait for the Information de
manded In Mr. Olmsted's resolution. It is prob
sUe that the Census Committee will accede to
the general demand on the Republican side that
aa Inquiry into the disfranchlsement schemes In
ssffnr In the South be undertaken. But any
legislation it may recommend involving reduc
tions hi representation for violation of the Four
teenth Amendment will have to be left for an
other session and another Congress.
PLANS OF APPORTIONMENT.
Th Olmsted resolution disposed of. Mr. Hop
kins bad no difficulty in getting up the Reap
eoitionment bill recently reported by the Census
Committee. The debate on this measure prom
isee to run for several days, as vigorous op
position has developed to the plan of keeping
the membership of the House unchanged at
857. By this plan seven States gain eight seats
and eight others lose a seat apiece. Under the
rival plan, advocated by a minority of the
Census Committee, the membership of the House
Is increased by 29. to 386. No State loses in
representation, and the additional twenty-nine
seats are divided among twenty States which
have made the greatest relative gains in popu
lation In the last decade. The Hopkins plan is
advocated on the ground . that a House of 357
members will be more easily controlled and
guided by the party leaders who happen to be
Invested with responsibility than a House of
3SO. According to the unofficial arguments of
the majority of the Census Committee, a gradual
increase of numbers will result in a further
dispersion of power, and will still further em
phasize the discrepancy In political and personal
Influence now felt to exist between members of
the House and members of the Senate. It is
also argued by supporters of the smaller num
ber that to increase the size of the House
would compel the removal of members' desks
and other undesirable changes in the House
chamber.
The advocates of a larger House contend that
the moderate increase of twenty-nine proposed
la the Burleigh bill is entirely justified by the
growth cf the decade, and that under existing
rules and methods the lower branch would con
tinue to conduct business as efficiently as ever,
even were It enlarged to four hundred or five
hundred members. The minority members of the
Census Committee also argue that smaller con
stituencies tend to bring Representatives into
more direct and responsible touch with the peo
ple. '- So .far as partisan or political advantage
goes,.-. the one scheme is as equitable as the
other. But. under the Burlelgh bill, the larger
and more rapidly growing States in the Union
would reap a clearer and more decided advan
tage both In the House itself and the Electoral
College- It is hard indeed to see why States
like Pennsylvania, New- Jersey, New-york, 1111
nois. Massachusetts and Minnesota should wish
to surrender the added power -to whicu they are
entitled under the smaller ratio, or why States
like Ohio. Indiana and Kentucky should be will
ing, for the sake of saving desk room in the
House chamber, to yield a portion of the repre
sentation which they now enjoy. Under the
Hopkins bill these States would lose a mem
ber each: Indiana. Kansas, Kentucky. Maine.
Nebraska. Ohio. South Carolina and Virginia.
Illinois, Louisiana. Minnesota. New-York. New-
Jertey and West Virginia would gain one mem
ber each, and Texas would gain two members.
By the terms of the Burleigh bill no State would
lose a seat. These States would gain a seat
apiece: Arkansas, California. Colorado. Con
necticut. Florida, Louisiana. Massachusetts, Mis
sissippi. Missouri, North Carolina, North Da
kota. Washington. West Virginia. Wisconsin.
Minnesota, New-Jersey and Pennsylvania would
gam two seats each, and Illinois, New-York and
Texas three each.
DEBATE ON OLMSTBD RESOLUTION.
There was a spirited struggle over the Olmsted
resolution before it was finally referred to the
Census Committee, where the opposition desired
It to go originally. Some of the Republican
leader* were not in sympathy with the resolu
tion. Mr. Olmsted tried to get Mr. Hopkins to
agree that the committee would consider the
resolution within a week, but the chairman of
the Census Committee declined to make any
Fledge to that effect.
The debate on the resolution was marked by
exceeding frankness. Some of the Southern
members declared that the attempt to enfran
chise the negro had been a lamentable failure,
and the action of certain States in eliminating
the blacks as factors at the polls, they said,
was in the interest of civilization and progress.
Mr. McDermott. of New-Jersey, asserted that
every State In the Union either added to or
subtracted from the constitutional requirements
of voters, and challenged any member to show
one that did not. After the resolution had been
disposed of, the Reapportionment bill was de
bated by Mr. Hopkins, of Illinois, and Mr. Sha
froth. of Colorado. An attempt to agree on a
time for the final vote failed, although the gen
eral impression is that the debate will close early
next week. \
ASriIALT ill'X 21 AT FIGHT.
i •:;¦ _ V
DISQUIETING NEWS FROM VENEZUELA— THE
soonriON ATU CrATBA.
Washington. Jan. 4.— Ca|le advices received at
the Stat» Department to-day from Minister Loomis
are of a disquieting character. The Department
declines to make public the details, but it Is sur
mised that there is a possibility of resistance on
the part of one of the asphalt companies to the
legal processes of the Venezuelan Government that
may result seriously.
Tbe Navy Department to-day received a cable dis-
ten from Commander Sargent of the Scorpion.
announcing tbe arrival of that Sb|» at La Ouayra,
Venezuela, where she will assist Minister Loomis
In bis mission. This Is said at the State Depart
ment to be limited entirely to the procurement of
a judicial and equitable determination of the exist
ing i££ucs growing out of the aspialt franchises.
HOW DO YOU DO ?
¦When ¦ you find yourself savin:':
"Pretty well, thank yon, but not. very
-'r'i'ilf;" you are likely to be, as you
say, "pretty well;" hut getting- no good
of your food. *
If you have money /ami leisure, take a
a. Jon: the doctor calls it "a change."
Which is good. \ . -
;._ .Almost as good is Scott's emulsion
of cod-liver oil. instead of vacation!
With it is better yet! th? doctor is right.
f'LAXMXr; THY fXAFGI RATIOX.
GENERAL GREENE IN WASHINGTON CON
FERRING WITH OFFICIALS- ELABO
RATE CEREMONIES PROMISED.
Washington. Jan. 4 (Special).— General F V.
Greene, of New- York, who Is to be the grand
marshal of the inaugural parade on March 4. called
on the President this morning, accompanied by
Senator Hanna. He informed the President that
one of hie objects In coming to Washington was
to confer with Chairman John Joy Edson and other
officials of the inaugural ceremonies as to his
duties on March 4.
"I find that there Is great interest in New-York
and elsewhere over the second inauguration of
President McKinley." said General Greene to a
reporter, "and the outlook is for an immense crowd.
I will come to Washington frequently to continue
to provide arrangements for the part of the cere
monies that will come under me."
Senator Hanna. who was with General Greene,
said:
The information I have row Is that the inaugural
ceremonies will be the most elaborate and attrac
tive in the history of the country. The chairman
and his officials are making splendid headway In
the arrangements. I am told that the greatest in
terest in the ceremonies is manifested throughout
the country.
Tin: ii \>;ri: akhjthatkis conrr.
ADMINISTRATIVE COUNCIL ADOPTS A BUDGET—
PERMANENT QUARTERS SECURED.
Washington. Jan. 4.— Assistant Secretary Hill has
sent to Congress an interesting dispatch from the
United States Minister at The Hague. Stanford
Newell, giving the details of the organization of
the permanent Court of Arbitration created at The
Hague Conference. Mr. Neweil says that the Ad
ministrative Council of the court, made up of the
twelve Ministers from the nations party to the
compact, met on December 8 and adopted a budget
amounting to 49.500 florins. One of the fine old
mansions of The Hague was secured for the per
manent quarters of the bureau, and will be suit
ably equipped for business purposes. The share of
the United States in the first budget Is $1,640.
;u /¦/.•' <i t\a \/> ny vii h a \l.T!\it>i;i
HALF A MILLION DOLLARS TO BE SPENT ON THK
CRUISER.
Washington, Jan. 4.— The Naval Board on Con
struction to-day decided almost completely to re
habilitate the cruiser Baltimore, now at the New-
York Navy Yard. The improvements will Involve
an expenditure of about $500,000. and take at least
a year and a half.
The Baltimore has been in commission ten year?.
She waj built from plans purchased abroad. She
took part in the engagement In Manila Bay In
May. 1898. and last summer brought Admiral Wat
son homo from the Asiatic Station or. his relief.
Since then she has b»>en docked a) New-York
awaiting action by the Navy Department. The
Board decided to retain her old « ngines, but to have
her boilers removed and renovated and to install
an evenly balanced battery of ten or twelve 6-inch
guns, instead of the four 8-inch and six 6-Inch
breechloadlng rifles which now compose her main
battrry.
TO PROTECT VSCIVUAZED PEOPLES.
RESOLUTION AGAINST SALJC OF OPIUM AND
LIQUOR ADOPTED BT THE SENATE.
Washington, Jan. 4.— Favorable action was taken
to-day by the Senate Committee on Foreign Rela
tions on the resolution Introduced by Senator Lodge
declaring for the enactment of laws prohibiting the
sale of opium and intoxicating liquors to the
aboriginal and uncivilized peoples of all countries,
and the resolution was afterward reported to and
passed by the Senate. The committee had before It
petitions signed by Individuals and associations
from twenty-three States, which were presented
by the Reform Bureau. That bureau has received
the following letter from ex-Prestdent Harrison:
January 1, 1901.
To the Rev. W. F. Crafts, Washington.
My Dear Sir: I have received your letter of the
2Sth ultimo, and in reply I beg to say that I have
made it a rule not to «i#n petitions of appeals to
members of Congress for legislation. I nave ex
pressed myself upon the subject In a public ad
dress in the paragraph to which your letter refers.
It does .= "em to me as If tbe Christian nations of
the world ought to be able to make their contact
with the weaker peoples of the earth beneficent.
and not destructive, and I give to your efforts to
F«-cnr<» helpful legislation my warmest sympathy.
Very truly y>'jr.«, BENJAMIN HARRISON.
THASKS FROM THE VICEROY OF IXDIA.
GRATITUDE EXPRESSED FOR AMERICAN REUEF
OF FAMINE SUFFERERS.
Washington. Jan. 4.— The Consul at Bombay has
forwarded to the State Department the following
letter from Lord Curzon, Viceroy of India, express-
Ins his appreciation of the contributions made by
the American people for the relief of famine suf
ferers In India:
Viceroy's Camp, 23d November, IJOO.
Dear Sir: The Viceroy has the greatest pleasure
in adding his testimony to that which be under
stands you are sendltiK to the American people
as to the imrn^nsf- value of the contributions that
have Viten made by the American public to the re
lief of the recent Indian famine. Whether these
contributions have taken the form of money or
clothing or grain, they have sprung from the two
noblest of human sentiments, viz., the feeling for
suffering manhood and the recognition of a com
mon aid between the two great branches of the
English speaking race, and they have exercised a
pos-itive and man-rial influence in the mitigation of
the greatest calamity with which India has been
affliru-d for many years.
I am. dear sir, yours faithfully.
WALTER LAWRENCE.
Private Secretary to the Viceroy.
The Hon. William T. Fee. United States Consul.
Chairman of the Americo-Indian Famine Relief.
FAVORABLE REPORT ON TREATIES.
Washington. Jan. 4.— The Senate Committee on
Foreign Relations to-day agreed to report favora
bly the reciprocity treaties with Nicaragua, Brit
ish Guiana and Ecuador, and also a supplementary
extradition treaty with Great Britain, making the
obtaining of money under false pretences, the ob
struction of railroad trains and the procuring of
abortion extraditable offences.
VISITORS 'TO THE XAVAL AC A DEM) .
Washington, Jan. 4.— lt was announced at the
Navy Department to-day that the President has
appoint**! the following Board of Visitors to the
Naval Academy at Annapolis: Rear- Admiral S. B.
I.uee, retired, of Newport; General E. 8. Bragg,
of Wisconsin: Henry A. Marsh, of Worcester,
Mass.; Park Benjamin, of New- York; J. F. R.
Fobs, of Minneapolis; John P. Swasey. of Canton,
and W. G. Shackford, of South Orange, N. J.
I KfXilsrOX LAWYER DIES HERE.
I'W.NKI' BY "I'IATKH UK MAD TIIIiKAT
BNED TO COMMIT .- 1 I- I I;K
F. Arthur Westbrook. thtrtj rsan old. » w. ll
known lawyer of Kingston. N. T.. who registered
a week ago at the Rossmore Hotel. Broadway and
Forty-seoond-st.. died yesterday :.t noon in Hoose.
\..t H. -plt.il from pr,i«onlnr by takinK opiates
Kim---"t..n. N V •'¦'"¦ *----*'. Arthur Wfimhrook
was District Attorney here for three years. Fred
erick L. Westbrook. his father, mm sMswisj tm
the New-York Central Railro.-id. v. Arthur \v.-st
brook was a cousin of th. 1.,-. lu.lk'- T. H. W.st
brook. of the Bupreme '¦•.¦n. w| : ., w.-.> i-.^i.i .i.-.i.|
in bed in Troy fifteen w ¦¦- ,-.>.¦.,., m, \v.--i,r....k
wan interested tn Important HtlgaUons. For sev
. ,1 y.-nr- 1 had b--n d-s_| ..nd. lit. and >Krr : ,tened
i, , .nimit Miici-1-. It i> t-..i I
ITO.I/.IN SHTS FIRE TO HERSELF.
1,1 KS I.ATKK IN HOSI'ITAI^-HKK MINI) IN
HAI.A.WKU IJY KAIM'HE TO
.;kt work.
Soph!. Winkl.-r dx-.l in the Insane Pavilion nt
„,,..,,. N,.-t.t.la% i; ft.rno.,n from hum.- The
„ .. :iI , „,,,m-d a K ;'ll«n of k.-.--.-n- over her dress
. „ „ i.,.d ye.M.-r.lay. and then, probably In n fit
of insanity, s.-t fir.- to Loth. She was heard shr|.-k
li.k-. and was r.sfu.-d from Immediate death by a
n .:,.:., rof i !>!• . who threw water on her.
Mrs. Wn.kl'-r had h.-.-n rooming at No. 23) East
Klfty-third-M. for six months. She had been look
i,, X "foi work, without linding any. and this had
afT.'-t. l h.r l.raln. She was forty years old
, „roii. r Kitzpa trick went to th.- hospital, hut
v.:is unable to ta.k<- the woman's statement. She
was in a comatose condition.
VERIFY FACTS AND DATES.
See Th* Tribune AlmtMc, 1901.
NEW-YORK DAILY TRIBUNE. SATURDAY. .JAXUAKT 3. 1901.
DfcBATK ON THE ARMY BILL
SENATOR HOAR SUGGESTS AN ATTEMPT
TO CONCILIATE FILIPINOS.
Washington. Jan. 4.— five hours to-day the
Senate discussed the Army Reorganization bill.
The debate took a wide range at times, but was
confined principally to the question of the neces
sity for the increase in the Regular Army pro
vided for in the pending measure. The Philip
pine question was threshed over at great length,
but few really new points were advanced. It
was urged by the supporters of the Army bill
that the situation in the Philippines demanded
the Increase proposed. This was controverted
by the opposition Senators, who. while they were
willing in a general way to provide for. such
temporary force as might be needful, were vig
orously opposed to the creation of a permanent
standing Army of 100,000 men.
Speeches were made by Mr. Carter, of Mon
tana; Mr. Teller, of Colorado; Mr. Hoar, of Mas
sachusetts; Mr. Stewart, of Nevada, and Mr.
Caffery, of Louisiana. There was a sharp col
loquy between Mr. Carter and Mr. Wellington,
of Maryland, in the course of which the Alaskan
boundary dispute was brought forward, the
Maryland Senator charging that the President
had relinquished sovereignty over territory the
title to which, he maintained, was vested clearly
in the United States.
Mr. Hoar suggested an amendment looking to
the conciliation of the Filipinos, and expressed
the opinion that in time of peace there should
be one soldier to each thousand of population.
He did not, therefore, he said, oppose the bill
on the score of increase, but he did oppose it
because of the avowed policy of military control
of the Philippines. "It is idle." he said, "to tell
us that these people are not fit for self-govern
ment," and added, "The way to prepare them
for liberty is to set them free." He urged that
it would be most desirable to have a commis
sion appointed representing all phases of politi
cal life, men of the highest character and stand
ing, to ascertain the facts as to the Philippines
and make them known to Congress and to the
people. He hoped such a commission would be
appointed before the close of the present ses
sion. He proposed to afford the leaders of the
Filipinos a hearing. "Let them come here." he
said. "Let them state their case. They can
come and go in peace and honor. If we say to
the Filipinos that we will not consider their
case until they go dewn on their knees, lay
their hands upon their hips and their lips in
the dust, this war will go on, if there is a spark
of spirit and principle in their breasts, until
every Filipino of one sex is exterminated and
until the women among them take up the fight
and are exterminated also."
The text of Mr. Hoar's amendment Is as fol
lows:
Provided, That no further military force shall
be used in the Philippine Islands, except such
as may be necessary to keep order In places
there now actually under the peaceable control
of the United States, and to protect persons or
property to whom. In the judgment of the
President, protection may be due from the
United States, until the President shall have
first proclaimed amnesty for all political of
fences committed against the United States in
the Philippines, and. if in his power, shall have
agreed upon an armistice with persons now In
hostility to the United States, and shall have in
vited such number— not less than ten — as he
shall think desirable, of the leaders or repre
sentatives of the persons now hostile to the
United States there, to come to the United States
and state their wishes and the condition, char
acter and wishes of the people of the Philippine
Islands to the Executive and Congress, and
shall have offered to secure to them safe con
duct to come, abide and return, and shall have
provided at the public charge for the expenses
of their transportation both ways and their stay
in this country for a reasonable and sufficient
time for such purposes. ' „ , .
Senator Proctor suggested* the following
amendment, at the Instance of the War De
partment:
That when vacancies shall occur In the posi
tion nt chief of staff, corps or department, tho
President may appoint to such vacancies, by
and with the advice and consent of the Senate,
officers of the Army at large not below the rank
of lieutenant-colonel, and who shall hold office
for a term of four years. When a vacancy in
the position of chief of any staff, corps or de
partment is filled by an appointment of an offi
cer below the rank now provided by law for said
office, said chief shall while so serving have the
same rank, pay and allowances now provided
for the chief of such corps or department. And
any officer now holding office In any corps or
department who shall hereafter serve as chief
of a staff, corps or department, and shall subse
quently be retired, shall be retired with the
rank, pay and allowances authorized by law
for* the retirement of such corps or department
chief, provided, that so long as there remain In
service officers of any staff, corps or department
holding permanent appointments, the chief of
such staff, corps or department shall be selected
from the officers so remaining therein.
Mr. Money suggested an amendment limiting
the Increase to three years, and Mr. Bate an
amendment providing for a company formation
for the Signal Corps similar to that of the Corps
of Engineers, and limiting the signal force to
ten such companies.
NOMINATIONS BY TUB PRESIDENT.
Washington, Jan. A.— The President sent the fol
lowing nominations to the Senate to-day:
SOLES I* CHEW, of Indiana, deputy auditor for the
Postofllce Department.
CYRUS T. ADAMS, of Illinois. Assistant Rtg;l«ttr of
the Treasury.
To be brl£adler'-K»n«ra.l9 In the Volunteer Army — Col
SAMUEL. M. WHITESIDE. 10th Cavalry; Ueuten
ant-Colonel JAMES R. CAMPBELL* 30th Infantry. V. 8.
V. Major CHARLES BIRD, quartermaster, U. 8. A.
Navy Commander J. J. HUNKER to be captain, lieu
tenant-Commander C. K. CURTIS to be commander. Lieu
tenant J. O. QUIMBY to be a lieutenant-commander.
Surgeon W. A. JTCL.URQ to be a medical Inspector. Kirn
Lieutenant H. O. DAVIS to be a captain In the Marine
Corps.
B<>c3nd lieutenant* to be first lieutenants. Marine Corps
— L. M. HARDIN. R. M. CUTTB. H. C. SNYDER. C. H.
RASK. J. B. TURRILA* O. II MATHER. H. I* ROOSE
VRLT. J. M. SCALLADAY. M. BABB and H. C. HRI
SINGER.
HERBERT O. SniFFERT. of Pennsylvania, to be as
sistant Burgeon: J. F. HATCH, of Vermont, to be as
sistant paymaster.
Also a number of postmasters.
s\v.< ms car \ try rs * rnrrr.
BRITISH LABOR DELEGATE ASSERTS PHILIPPINES
WILL. PROVE WHITE ELEPHANT TO AMERICA.
"Pete" Curran,' who came here five weeks ago as
the fraternal delegate or the British trades unions
to the convention of the American Federation of
Labor, spoke last night in Arlington Hall, under
the auspices of the Social Democratic party on
Socialism and Trade Unionism in England. He
was listened to by an audience of about five hun
dred men and one hundred women. He said In
part: '
Your employers are getting more work out of the
worklngmen than are the employers of the Old
Country,' and the manner in which you rush in
this country would not be tolerated for a single
moment In England. There is one thing that I
want to Impress upon your minds, and that Is that
your manufacturers are dumping their commodities
in our miirket cheaper than they can bo made over
there. We, too. protest against tho exploits of
th. government in the Transvaal. It was an in
famy on the part of our thieving Government that
Is now engaged In butchering th.- Boers. The whole
thing is the result of Chamberlain's ignoble in
triguing and. the intriguing of thi- people who claim
to represent the English people in . the British
Parliament. It is the theft of th- Transvaal from
its rightful owners, and you people will find that
the Philippines will be to you the same whit.- ele
phant that South Africa will hi- to us In England.
fttl-oR! THAT HE WAS UrRhEHEI*.
MAY Nil.:- IN HOSPITAL. FROM INJURIES RE
CEIVED THREE MONTHS AGO.
Wllloughby Howard, twenty-eight years old, died
yesterday In th.- Roosevelt Hospital as ih«- result of
beiri**klck<vlln the back and receiving injuries, to
the spine three months ago. It was reported to the
police that the man wan murdered. „ . „
. Captain Cooney. ..' the West Thirty-seventh-st.
station, detailed Detectives Michaels and Coughlin
to make an Investigation. At Na 225 West.For
tle th-st.; / where 'the man '• was reported . as • living.
th« | occupants denied that ' any one 'by the name of
Howard had er«r. lived thtr*.^3s^v&Zß&msßagbim
TV 1 V7S- (fj | ffTFR REPORT ADOPTED
X Fn.T.-.X ''TTING OX THE ATTIT' OE
OF THE CITIZENS UNIX K I T I ¦I S KS
GOVERNOR'S MESSAGE ON nsi-
PARTin-t.An
R. Fulton Cutting, president of th* Citizens
Union, said yesterday that the organisation would
do all in Its power to secure the adoption of the
recommendations of the Charter Revision Com
tninslon.
"At first." added Mr. Cutting, "ther* was a sen
timent that some of the provisions of the report
should be amended, but after consideration it has
been decided that the work of the Commission, as
a whole. Is so commendable that it should become
a law just as the Commissioners recommended.
The Committee on Legislation will work Indepen
dently of the Charter Committee, having to look
after all other matters that come before the Legis
lature."
When asked how he liked Governor Odell's mes
sage to the Legislature. Mr. Cutting said: "It
Is a very able document and commendable, ex
cept in one Instance. That is the Governor's ref
erence to the State Board of Charities. I cannot
see how any man so well informed as the Gov
ernor Is on the work of the Boar<* should think
for a moment of reducing the number of commis
sioners from twelve, as it is now. to one man with
a salary and several assistants."
ECOXOMY \EREADY fX FORCE.
nnvKRXOR oi.Kr.r. nmixs mis work or
RETRENCHMENT IN HIS OWN OFKICK.
Albany, J<»n. 1 (Special).— Governor odell his
formally requested Attorney-General Davles to act
as his law adviser, and the Attorney-General has,
of course. Informed the Governor that It would be
a pleasure to him and his deputies to advise him
on any legal question before him and upon the
legal form of the bills passed by the Legislature.
Mr. Odell thus will take no advantage of the
law passed by the Legislature of 1900 authorizing
him to appoint a law adviser at a salary of J5,000
a year. The Governor's policy of economy will be
gin in his own office.
Criticism having been made of the suggestion In
Governor Odell's message that the State Board of
Charities and the Prison Commission each be
"made single headed departments," on the ground
that this would be unconstitutional. Mr cjraham.
the Governors private secretary, stated this after
noon that this constitutional question had been
carefully considered by the Governor -and his legal
advisers before the message was written, and the
opinion had been formed by them that this objec
tion was not well founded. Mr. Odell's sole aim Is
to centre responsibility, and therefore he will take
any legal path to establish that tn the State Board
of Charities Department and In the Prison Com
mission. It may be that it will be requisite while
having only one executive chief to the departments
mentioned that there Hhall be associated with him
some other members of the State government as ex
otficto memi'tTs-. The Governors own message
points to some suoh plan, tor he says regarding the
State Board of Charities: "The duties imposed upon
this Board, while important. I believe could be
more properly attended to by a single Commis
sioner, selected by the Governor by and with the
consent of the Senate, together with such other
State officers as may be designated by him."
The State Board of Charities now has an mem
bers William R. Stewart Annie O. De Peyster, Dr.
Stephen .Smith. Edward H. Litchfleld and John
Notman. of New-York: Simon W. Rosendale, of
Albany: Newton Aldrlcn. of Gouverneur; Denis
McCarthy, of Syracuse; Peter Walroth. of Chitte
nango: Enoch V. Stoddard. of Rochester, and
Harvey W. Putnam, of Buffalo.
Governor Odell ?ald yesterday that so far as he
wan aware no bills had yet been drawn up by any
member of the Legislature to carry out his sug
gestions for the abolition of certain commissions
and the consolidation of others. It was Intimated
that one reason probably why these bills were not
prepared was because knowledge of the contents
of the message was purposely kept a secret by
the Governor.
HI RDE\ P\l I \ y CASE TRIED.
ARaUKD BEFORE JUSTICE CHASE AT CATS
KILL WITHOUT A JURY.
Albany. Jan. 4.— At Cataklll to-day Justice Chase
heard counsel In the rase of I. Townsend Burden
against Jam** A. Burdrn and the Burden Tron Com
pany. Argument wan made on the evidence taken
en the trial held in this city last fall, and ex
haustive briefs were presented on each side. The
argument for the plaintiff was made by Judge
Countryman, of this city: Robert H. Hardy, patent
•spati attorney, and ex-Governor Black, and the
defendant's side was presented by William J. Roche,
Au.sten G. Fox and Tharles Neave. of Now-York,
Mr. Neave being also a patent expert. This Is the
fln.il stey In thr famous trial, so far us the Trial
Term of the Supreme Court goes, and the decision
of Justice Chase, who tried the case without a Jury.
will be of great Interest.
The as-tlon Is to set aside a contract between the
Burden Iron Company and James A. Burden for
the use of a certain Invention in the making of
horseshoes, and the recovery of royalty paid to
James A. Burden as the Inventor and owner of the
patent. The pUlntlff alleges that the defendant
company had no right to enter Into a contract with
James A. Burden, as h» Is a member of the com
pany, and its president. It Is also alleged that the
Invention on which royalty is paid was not the
Invention of James A. Burden, and that the patent
was the property of the company of which plaintiff
Is a member. Finally. It is alleged that there has
been collusion between James A. Burden and the
other defendants, and that the plaintiff has been
defrauded of his rights by being obliged to pay part
of tho royalty Illegally awarded to James A. Bur
den. These are tho> points the Court Is to pass
upon.
ODELL FIRM FOR SAVINGS BAXK TAX.
Albany. Jan. 4.— Governor Odell read with in
terest this morning th«» comments on his recom
mendations as to taxation of savings banks and
trust companies' capital. He appeared rather
amuned at tha objections raised, and said:
I still insist that direct taxation of bank and
trust company capital Is rijeht. A 1 per cent tax
on their capital would yield in round, numbers
close to $4,(«>0.00<>. and would he a step toward
getting at what is really personal property. Then
every corporation in the State should be compelled
to report Its gross earnings, and a tax should be
imposed. Thi.« tax would reach the personal prop
erty that escapes un<l«*r the Collateral Inheritance
law. In addition, the law taxing dividends should
be enforced, and then I believe we would be nearer
the abolition of the direct State tax.
TROLLEY COMPLAINTS DECIDED.
Albany. Jan. 4.— The State Board of Railroad
Commissioners to-day rendered two decisions on
complaints made by the Broadway Beard of Trade
of Brooklyn against the Brooklyn Heights Rail
road Company. The Board decides that It Is with
out Jurisdiction to compel the granting of trans
fers on the street surface cars operated by the
company at Myrtle-aye. and Broadway, and at
Lorimer-st. and Broadway, and that complaint Is
dismissed. .
Th«> other complaint was that the company has
failed to run all Greene and Gates aye. cars
through to IMdgewnod, and in relation to that the
Board says that the company Is taking steps to
obviate the complaint as to lack cf shelter at the
transfer point.
TO CONTROL LOAN ASSOCIATIONS
• Albany. Jan. 4.— There is apparent and great In
terest in the bill Introduced by Senator Wagner
for the regulation and supervision by the State of
certain loan associations and pawnbrokers who
are lending money on personal property, or credit,
and are exacting high and exorbitant rates of in
terest. '¦.?,•<:_:':.
Besides providing for the Incorporation of these
loan associations. Senator Wagner's bill forbids
certain loans of money, property or credit. It
states that in any county of more than twenty
five! thousand population five or more persons may
organize for the purpose of aiding such persons as
shall be deemed In need of pecuniary assistance,
and may negotiate for loans not exceeding $300 on
personal property. The corporation must file a
certificate and also a bond amounting to one
tenth of the capital stock of the corporation, and
the bond must not be less than $5,000. with the
Superintendent of Banks, who shall have the au
thority of examining such corporations at least
once a year. The Superintendent or his agents
shall have free access to all books, and all Infor
mation asked for shall bo freely furnished to him.
A reward. of 5230 is offered for information of any
violation of this law on the part of any Incor
porated loan association. . •
The interest or discount must not exceed 3 per
cent a month for two months or loss; after two
months the in*rest or discount must not exceed
2 per- cent. A sum not exceeding J3 shall be
charged for the first examination of property to ¦ •
pledged or mortgaged, and for drawing and filing
tho necessary papers. It will be unlawful for any
01 these corporations to declare dividends exceed
ing 10 ' per cent, and it will i.,- unlawful to !.,.-¦
a surplus of over -'. per cent .-! the actual capital
of such corporations. When the surplus rrnches
25 per. cent of. the capital or over, th. Superin
tendent of Banks will issue an order reducing the
rate of Interest :ii;.l charges. Violations of this
law will be considered misdemeanors, ;im.| will be
punished as such.
S.i at..: Warner Lelieves that ho will ho a; le to
secure the pnss.iee of his bill at the present ses
sion. It will .he introduced next Wednesday •¦.en
ing in the Assembly, and Its progress through the
legislative mazes will be. hastened.
-¦¦ '-T Get Tour, Facts ' Straight.
¦>• The IVibiM Almanac, 1901.
AUTHORITY OF CONGRESS.
TAN IT COMPEL A CABINET OFFICER
TO ANSWER QUESTIONS?
THE PRESIDENT AND HIS ADVISERS TAKE
THE GROUND THAT NO SUCH "
RIGHT EXrSTS. *
[BY TEI.Fnr.APH To THE TRIBIM.]
Washington.' Jan. 4.— The authority of Con
gress to expect or compel a Cabinet officer to an
swer any questions it may ask regarding execu
tive matters was discussed at the Cabinet meet
ing this morning-, with th- result' of bringing
out the concurrent opinion of those present that,
broadly speaking, no such right existed, particu
larly on the part of ones branch of Congress. The
subject arose from the resolution recently passed
by the Senate demanding a copy of the report
of A. L. Lawshe. special representative of the
Government in the investigation of the Cuban
frauds, and. likewise the resolution now pending
calling for copies of all orders issued to the
Army in the Philippines.
The view of the Cabinet members is that a
Cabinet officer is an aid or representative of the
President. • who Is th- head of the executive
branch of the Government. Any resolution' di
recting the head of a Department to furnish
information is an order on the President.- and
•will hereafter be so regarded, if th- matter is of
sufficient importance. Th executive branch of
th.- Government Is co-ordinate and ecrual with
the legislative, and as such does not receive and
execute orders from the legislative branch un
less Inclined to do so. It is possible that here^
after when resolutions of one branch 'of Con
gress call for Information that It Is not desired
to impart, they will either be ignored or will be
handled by the President direct, he believing
himself responsible for- the ¦ execution of the
laws. .
There Is even doubt among Cahnnet officers
whether both bodies of Congress, acting- to
gether, have the right to demand Information,
They can at all times, it Is argued., request in
formation on given subjects, and if the execu
tive Officials see lit to respond as a matter of
courtesy., that is all right, but there, Is no power
demanding compliance if it is not regarded as
proper or compatible with public Interests.
QUESTION ARISES IN THE SENATE.
While the President is at all times willing to
comply with requests from either house for in
formation when it can be furnished without
detriment to the public service, yet it not infre
quently happens that serious harm would re
sult by complying with them. It is said that
this is so In the case of the Lawshe report. When
the President's message and Secretary Roofs
letter explaining; the Inadvisable y of pub
lishing the Lawshe report were received by the
Senate yesterday they were to be ordered printed
and laid on the table, but to-day Senator Petti
grew revived the matter by introducing a reso
lution on which several Senators mny submit re
marks In the course of a few davp. This reso
lution was almost Identical In its terms with the
following, adopted by the Senate v. some years
ago: . .
Resolved, That the Senate hereby, expresses its
condemnation of the refusal of the .Attorney-Gey.
eral. under whatever Influence, to send to the Sen
ate copies of papers called for by its resolution of
January 25, and set forth in the report of The Com
mittee on the Judiciary, as in violation of his of
ficial duty and subversive of the fundamental prin
ciples of the Government and a good administration.
thereof.
The occasion for the passage of this resolu
tion occurred in the first. Cleveland! Administra
tion, when Attorney-General Garland disobeyed
an Informal request of the S. nate Judiciary
Committee, which was at the time considering
the nomination of a successor to the United
States District Attorney for the. Southern Dis
trict of Alabama, who had been removed from
office by President . Cleveland. When this re
quest failed to be complied with, a resolution
was presented In th* Senate and passed unani
mously, directing the Cabinet officer to trans
mit the papers to the Senate. Instead of re
sponding to this official and formal demand. Mr.
Garland pursued the same course which has
just been followed by Secretary Root. He went
to the President, who directed him to inform
the Senate that the transmission of the papers
would not be compatible with the public in
terests.
Attorney-General Garland's refusal to obey
the Senate attracted widespread attention at
the time. The Judiciary Committee of the Sen
ate, under the chairmanship of Senator Ed
munds, submitted an elaborate report, in which
it was asserted that the Attorney-General was
not the exclusive servant of the President, but
was equally responsible to the Senate. It was
also held that the legislative branch of the Gov
ernment had constitutional access to all official
papers and documents in the possession of the
various departments, and that "either house
must have at all times the right to know all that
officially exists or takes place In any of the de
partments of the Government." It was alsd
asserted that the refusal of a Cabinet officer to
obey the direction of Congress was almost un
known In the history of the Government. The
report, which was exhaustive, was signed by a
majority of the members of the Judiciary Com
mittee, of* whom only Mr. Hoar now remains in
the Senate.
MR. CLEVELAND DEFIED THE SENATE.
The question of .he right of a Cabinet officer
to disobey the Senate was considered of enough
importance to be the subject of a special mes
sage from President Cleveland, in which he de
fied the Senate in his own characteristic fashion.
The debate was a long one. the speeches filling
a volume of considerable size. Mr. Cullom. who
Is still in the Senate, argued strongly as to the
right of the Senate to compel the production of
any papers asked for in a mandatory resolution.
Mr. Spooner — present Senator— was es
pecially emphatic in his argument, and insisted
that a Cabinet officer did not have the right,
even though he acted by the direction of the
President, to refuse to obey th- demand of th.-
Senate because he did not believe that the ac
tion of the Senate was wise and proper ¦ Mr.
Spooner dwelt at length on the danger of allow-
Ing the President the right to Judge for himself
j whether official papers should be made public,.
and then laid down this proposition:
I deny that papers addressed to the head of a
department, or to the President of the United
States, touching the conduct of an officer, of
such a character that they may be properly
acted upon by either the head of the department
or the President, proper to be placed upon the
files of the department, relating to the transac
tion of the people's business in one of the peo
ple's offices, can by any magic become the pri
vate and confidential and secret papers of the
President himself. :* /¦' '
The emphatic resolution quoted above was
finally adopted, and of the Republicans who
.voted for it' the following are still in the Senate:
Ahlrii-h. Allison, Cullom, Frye, Hale. Hawley,
•FJatt .(Conn.) and Spooner.
SCHOOL .'. BOARD SECRETARY RESIGXS.
It was announced in "The City Record" yesterday
that Franklin C. Vltt. the secretary of the School
Board for the -Borough of Richmond, has resigned
hi* place, having been elected Sheriff. Th. resigna
tion took effect on December 31..
V/.U- \AUES FOR \ORTH GERM AS SHIPS.
li.-rlin. Jan. 4— Emperor William his consented to
a rh.ir.c- of the name Kaiser Wtlhelm 11. of the
N'ew-York-Oenoa division of the North German
Lloyd Line, to HohenroUern. and will permit his
own name to be given to one of the greyhounds be
ing constructed for the company at the Vulcan
Yards, at Stettin.
IT LOOKS LIKE RAYBROOK.
STATE HOSPITAL FOR CONSUMPTIVES "Wltli
PROBABLY BE PLACE!' THERE.
Albany. Jan 4 , Special).-* - OdeH stated to
day that •-¦ report sent out .fronV here' yesterday,
that ha »a« hurrying forward the Forest Pre
serve Board and the State Board ol Health to
take action upon the recommendation of th* Board
of Trustees of the State Hospital for Consumptive* •
that a site for the hospital be purchased either at
Big Clear I. ik, or at V. -«•-* was an error.
In fact, the Governor added, he did not desire any :
action taken by them upon the matter until ther
had looked more thorontrhly into the. proposition *
made by the trustees of tho State Hospital for-
Consumptives. The Governor. it is said. also de
slres personal information about the relative coat,
of land at Baybrook and at Lake Clear. Attorney-
General Davles. . who is a member of the. Stats
! Board of Health, said: "I 'think the cost of all th«
sites should be considered with great care and the.
most healthful site, of course, be selected."
The members of the Forest Preserve Board a»
acquainted with the value of Adirondack lands, and
therefora are unwilling to pay SB an acre for land
for the proposed hospital that In their capacity as
I members of the Forest Preserve Board they could'
buy for M an acre. " - •' - '.
The indications at present are that" the Raybrook
site will be selected. In ~ any case.; lt is thought
there Is no possibility of the -Big Clear Lake sit*
being re-ached. It was thought that the /brook
site would be selected yesterday. -- An objection
that had been mado to the price iVked for the land.
?16.000. it was thousht. had been overcome by the
proffer on the part of people living in the region'
to P.'- $O.C« of this turn, leaving- the S:ate au
thorities only *n.o» to pay for the land. Even;
this sum was considered large for the State- to par
for G8» acres of land, when comoared with • th©
cost of other land acquired by hi Forest Preserve*
Board In tha same reelon.
One of th- m- -.. , of those who are urging th«
early selection of a site for the hospital is that tha
State Board of Charities must on act upon th»!
appropriation m, . for such Institutions under Its*
care. No more appropriations will be made foil
the hospital until the site has been selected. Th«
State Board of Health, it U eaid. is satisfied that
the Raybrook site would be" healthful, and wouldi
probably have {riven its consent to the acquisition]
of that site yesterday if the State Forest Preserve*
Board had taken- that action In Its behalf. •
Governor Odell advised all the •¦ boards harta*
charge of the selection of v site to take all th*
time they needed in the consideration of the sub- 1
¦- l. in order that no mistake should bo mad«. ¦
REPORT OX THF. Ml I/. MILITIA..
PLEASURE EXPRESSED OVER • SECOIST) BAT.
' •-'
TAUnsv- NEW 'ARMORY. I
' . ' •-¦-:. •¦ .. : * -- .
Albany. Jan. The annual report of Captain
J. W. Miller, commanding the Naval Militia of th«
State, has been transmitted to the Governor bji
Adjutant-General Hoffman. After referring to th*
work of the year. Including Inspections and cruiser.
Captain Mi.:, says: V . ?'
In my last report reference was made to the ne
cessity for an armory fur the Brooklyn battalion.
The endeavor to obtain a State armory for that
organization during the last session of the Legis
lature was unsuccessful, but I am now happy tai
state that the city of New- York has decided to con
struct an armory on the Brooklyn water front, at
Forty-tr-.r 1-st. Tho plans for this armor-. are new
being considered by the city authorities, and I un
derstand a portion of toe building will be built
during the coming winter.
With mm reluctance and after full considera
tion, and with the approval of the Governor, it way
deemed vi sable last summer to forego the ton*
of duty on the vessel provided by the Navy De
partment for the exercises of the Xaval MilrtU off
the various States and to give our instruction la
home waters, under their own officers. The Unite*
States steamship New- Hampshire was moored oS
Whltestone. Long Island. an.l the launches of th«
Naval M'litia were commissioned and utilized' for
very beneficial exercises and cruises, preparatory
to the regular work to be done later. The Ualted
States steamship Aileen rendered valuable service*
to both battalions In carrying out the assignment*
for the summer work of the Naval Militia. ;
The prises for general figure of milt this yea»
have been awarded as follows: First prize. ls|
Division. Ist Battalion; second prise. 3d Divl?l3n,
Ist Battalion, and third prise. 4th Division. II BaN
tallon. The brigade prize has been won by th? 24
Battalion. . . . » ¦ ;
54,647
Telephones in Manhattan
- and the Bronx.
Telephone Service
Is the
Twentieth Century
Means of Communication.
Rates in Manhattan from
$5.00 a Month.
One-year contracts. "lonthly payments.
NEW YORK TELEPHONE CO.
1 1 1 West 33th St. . 15 Dey Street.
[Tour gold medals!
; ( awarded at Paris Exposition (
| {
;! MILK. CREAM AND BUTTER !
. I produced at .
I THE BRIARCLIFF FARMS. ;
1 Quality th* best. Service excellent. •
Orders sent to. either address
i . ,
i below will have immediate attention.
I NEW YORK STORES:
V 573 Madison At*.. S6th St..
f . 3S» Amsterdam Aye.. 74th St..
'l 200 Seventh Aye.. l=3d St.
Solitaire Rings.
Our display of beautiful and valuable ScEtain
Diamond Rings, set in all the fashionable moontinek
is a sight pleasing to the eye. Sizes from the sir ilVs
to the largest. One quality — the best. Price
range from Si? to $500.
. '%, 4fnml#clil &4° f
Jewelers a.r.d Importers. ¦ . ...
52 . WEST 14TH ST.
I>K. TOBIAS'
Venetian Liniment
FOR RHEUMATISM. >KI'R.\LGI.%. "'.
• ¦
Paln» In tin- Itmbu, hack or chest, SORB
THROAT. « ill. Us or Muni! P.VI.NS of in
Wind >...i Mill fin .« |i \\ oil 111 it< UKniHI
l.\ i.ol l> I'rioe IT. anil BO cents. Sold by al]
druiiKl»t». Depot, 44» .Murray .<«t..»w York.
OxDVtvq \o \\ve tamaxvA far s^&ce. vn
to\\\ corner a $T&a\. * : to&
tatVvest moment
V*

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