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THE HOOKER CHARGES.
pEFOUE THE STATE BAR. jmr-fti^ation by Legislature Before Compelling Tribunal Favored. [ET TTIXGRAriI TO THE TMBTTre.] Albany. -J* 1 *- !"•— T** grievance committee* re -yrt en charges preferred against Supreme Court ».*tire Warren 11. Hooker was presented t o the vfn-Tcrk State Bar Association at Its opening s.-s * t0 _cay. The question of the approval of the report will be a special order of the Bar Assocla tinr. at I o'clock to-morrow afternoon. Tho charges '' v oul of certain acts of Justice Hooker in con ation trith matters brought out by the postofflc« •nt^stijmion. The Jamestown Bar Association pre . j ec & statement embracing these -..uotn, '" asked the State Association to sift the charges ' •>, er.d that i h * character of tho bench may v*. freed trozi unjust aspersions If they are found false, eni that the bench may b« freed from • unw orthy Jafipe if they er* found to be true." TSi* comir-Itter-'s report includes the communica tion oi t" e Jamestown Bar Association, together -rtth »m auflress by Arthur C. Wade in behalf of justice Honker, and the various steps taken by the •rrfvsTice committee- in its Investigation. It pre jer'.s f.:.dir.gs of fact covering its inquiry in rela t^n to t!:e acts complained of, and states that the jssurr had been referred to a sub-committee com posed of H W. Huffcut. Robert O. Hascomb, John petnnond. S. C. Huntington and Russell M. John ftsn. Its report concluded as follows: "Without turtfcT characterizing The above facts 'id circum fU^ees l^ e pub-committee recon-.mends that a further investigation be had by the legislature be icre a Mbtxaal having compulsory process." *In afliJition to the eub-coromittee's report. Mr. BlßTttnr™! one °^ t^ <> members, adds that the isnu&l meeting at the association should attempt tt> learn additional facts, and whether additional fvliesre is or :s not obtained ••appropriate pro «*fi:r.Fs saoiild be had for Justice Hooker's re •'jvtl from offlf*«." The grievance committee, after JScssaierta* the report of the- nub-committee, pnfiwHnnMfrr votes as follows: Resolved T.'mt the finding* of fact be ■ roved hrtbe cr-e'vaace coniiriltiee. and that, -without pass *-V"i:->on 'he FUb-cornmiitet-'s recommendations, Sfrh together with the findings e< «a~t and all jiroee-edir.gs taisen by imd before SeVu'»-coirjTiittef. be transmitted to the Bar As- Keiation a^ it may deem proper. RoFWil R. Moss, of Qnilra, sred a resolution pTPnd!r.f t bat the report be considered a rrvate tr.d ooniflenxUX communication until the Bar Afbo didon had an opportunity to consider it. J udge j"r&r.k2Ti M. Dmiaher amended the resolution au ttc'iKTig tiie secretary to isFue copies of The re- press at once. Judge Danaher's reso lution prevailed, and the committee's report was fcernbuted emoag the newspaper men and the. cesbers of tae association. ill inmH ... Ttit r>r:or to his appointment, in November. IS9S. ut justice of the Supreme Coort. Justice Hooker Tis a Bepreaematlv« in CongTess from the- SA Congress District, and that for a year «cjeec.:.», bis appointment that district was with ta * iu;':-ri*r.Ui.uve, tend many people applied to j^-uce Hooker to lock after their affairs in ttain sl*tt Frank P Ball, who is found to have owea Mrs. Wu-iv:, B. Hooker, the wife of Justice Hook c $3 two borrowed money, was appointed at the mntft of ronfressman Hooker In October. IS9S, a Jit-orer in tlie pofc'.ofiice at Fredonia, at a salary el .;■•• a year, without any request irom me post cister at Fredonia, and without my need for the «;ipoir.ur.<rr.t of a laborer in that office; that in the tS following January Ball's position was changed tr that of c'frk tn the Fredonia postofflce at the KJne salary, and so continued to December 31, lt<o2, wfc«n he reElgned: that he was appointed clerk tixja the written request of Jvstice Hooker, who in tl-e nes-i time had been appointed to the Supreme Cjun bench; that Ball drew a total salary of $2, 12: a these positions, but never rendered any Krrtce whatever, and that his salary was applied F-bß&sually in full to the jiaymmt of his debt tt ilrs. Hooker. The committee further finds that Justice Hooker etrurefl said Ball's appointment wi:hout any reason *Me ground fc-r believing his service? were ne*d°d la The FYfedcnia postoffioe. and that the only 6-b rarda! interest which Justice Hooker had in said Ball *>■»? BaJJ's Indebtedness to Justice Hooker's ■mie, and these facts and circumstances lead to the corxhinoa that Justice Hocker procured Ball's ErpofctEaer.t to enable Ball to liquidate the infp.bt- Tfce cocsJttee finds that Jurtice Hooker, through <>crge TV. Beavers, then a Po6tofflee Department oJEc3a.Leecc.ied The appointment, in January, 1&02. c* his wpbew. Maurice Hooker, eixteen years old. fc« « laborer n the Fredonia postofflee, at a. salary of UOO i year; that the appointment was needless tr.i tfcat young Hocker never performed any ser vwe ttere. A similar condition Is alleged in eon r^::ioa with the &r?ointment of John A. Link rs a fcterer in the Dunkirk posrofSce. The committee ti.ejres thtt there were other needless ar>polnt ncsti in Tie Fredor.la posaofflce. but pays There is tc enaene* that Justice Hooker had any connection *■;& them. BOOKER MAKES A DENIAL. The coa-.isltTee quotes aa explanation submitted to it by J-^stice Hooker, in which he points out tfcat th« first )eaM was tentative and based only vjxn th« plus cf the building ; that the construc tta coKt more than twice, as much as had been expected, ssd that The application for Increased KM vrn& Bade for that reason. Justice Hooker *** ec that the government was "a disadvantage fc tt« third lease or that it acquired less space BMBSssasr To this denial the committee repUes: Jurtlce Hooker's statement that the fair rental r«? ? I-rt-rnlses 1-Mtsc-d to the government is *-. \ is cory.roraT'-a by the affidavit of fourt^n r*~.c<>r.ts of I>u:.k:rk; that no witne*se» were called wrnuiiuiui ti\U; That the building and lot are *!* f! * (! U9MJ th« city tajc roll for I&U3 at 5G.500, "•a tpen tut ci:y tax roll for IMi at sb.<*». ?JL neaber cf the grievance committee said to agm that wiO* the er.tire rommim-e had agreed to the Bstej cf farts made by the sub-committee t.«r* was a dhcrsity of opinion ac to what course jß* KEUatSK would take. Tne pub-committee's j^OKaiciSations, if the report is adopic-d to-mor irv,v B . c l0 ->. ien * to th * legislature without ap- U* u« \ P^VPfovmi or the fuli committee. If teuJfSrS"? fi '°»^ act, this member Mid. it tkZTiiiSS* 0 * * wanmlttn with power to compel OmirrZL* ? °* witnesses, which authority the fe'oTX*"*** 1 .-' I* expected that a large num s— - • 7 ' s *•" P** l in th « discussion to fori •«. ;; a ' T ' '"m plained of took p!ace l.e *o«m v 1100I 1001 "* assumed Judicial offW there Ui--^ *L? c te !**i r "m<-nt proceedings. The legls ini^Tl^ cv * r - ro-lf-t entertain a concurrent reso- A CONSTITUTIONAL AMENDMENT. ,/ Jbary, r zr . :T — a constitutional amendment. at.ier.-(3 by the 'Ynstitutlonal Home Rule Club of k C.ty. was introduced in the Assembly S&w 11 * 1 * ly i3r - Puller, placing the power of ard tiJTiendtrp- «-ity charters in the cities, cepriv:::g tc a certain extent the exclusive * fr of the leglflature in charter matters. It IRREFUTABLE The Importations for the Year 1904 of MOET & CHANDON Champagne Were 27 783 Cases The GREATEST Quantity Ever Imported Into the United States OF ANY BRAND In the History of the Champagne Trade. Verified by Custom House Statistics. GEO A. KESSLER <&. CO. provides that any city may adopt a charter on thf¥ petition ot 2 per cent of the taxpayers, for an OISO tion .-it which charter commissioners al elected who draft a charter and. after belnir submitted t« the vote of the peope. it is submiUed to the legis lature. At intervals of two years amendments PEXSIOX BILL CHANGED. Applies Only to Justices of First Department, [BT Tn.KiißAin fb THE TRlntVE] Albany. Jan. 17.— The Judges' Pension bill. \ which provoked a bitter contest at the last session, will make its reappearance soon, as The Tribune has already forecasted, but In a materially modified form. The new bill will apply only to the first department and will curry no State charge. so that it will be. In effect, a. local New- York City measure. As its friends now contemplate, the measure will pro vide that retired Justices of the Supreme Court in the First Judicial Department under specified restriction shall constitute a special body to which shall be submitted references and which shall formulate reports in aid of the conscience of the court. That Is. that there shall be an eligible list from whi<-h to draw refen-es in but do not warrant the sitting of Supreme Court cases hich require the t;ikinp of testimony, Justices. The friends of this measure believe this will expedite court proceedings and relieve congestion. WOULD UNDO MORGANS WORK. A Tammany Bill to Discourage Challenging on Election Day. [TV TELEGRAPH TO THi: THIBt'Nr j Albany. Jan. 17.- A bill of dangerous and Fweeping SsSset, :<t inking the present election law. was in treducad by Assembiyvan Mailoy to-day. It is atoned at breaking down the efficient eys tem under which State Superintendent Morgan elim i::ntr-J more than thirty thousand illegal votes last falL The measure pi grid— that aa registration or Election day, any one challenging a voter, mupt mak" a sworn statement of the reasons for his BhallsnsA and in ■ I faillnp to do this, the Kara the challenge alto- The bill will. 'lie in committee, tut its introduction by :» Tammany Democrat indi cates tti« r< .i:ains>. the Republican ■work for an honest election last fall. TO MAINTAIN ELECTION RECORDS. Senator Maiby Introduces Bill to Aid Super intendent Morgan. TEI.F.QRAPH TO THE TRIBUNE ] Albany. Jan. 17.— The measure providing for an additional $25,000 for the. maintenance of the of ficial rc.-ord? collected by George W. Morgan. State • rendent of Elections for the Metropolitan the last election, was to-day Intro- Senator Ifalby, chairman of the Senate mmittee. ami ns a party measure will I.p F p e . Ed The bi'l alms to provide funds ■ing the card system of voters col ■ campaign in New-York City, and ting and checking the naturalization frauds. The latter HugKestion was ed in Gtfvenwr Hlggins'e message. IN AID OF SUFFERING HORSES. Street Sanding Measure To Be Introduced To-day for Major Woodbury. [ET --:,r-KAPH TO THE TRIBUNE.] Albany, Jan IT.— A measure will be introduced on behalf of the New-York City administration to morrow seeking to provide for the sanding of slip pery city streets in th« winter at municipal ex pense This is a bill along lines suggested by The Tribune and favored by Major Woodbury. Com missioner of Street Cleaning. FOR COUNTY EDUCATION BOARD. Mr. Merritt, of St. Lawrence, Wants One for His District. [BY TELUOIUPH TO THE TUIBCNE.] :.y, Jan. IT.— Assemblyman Merritt, of St. Lawrence, to-day introduced a measure apply ing only to h:s= county, but carrying an unusual • up-State rural communl- The bill | nation of a board of education in St. Lawrence County to consist of th Judge, the chairman of the Board of Supervisors, the president of the Xor mal College and several lower school officials, ■ard is to provide a uniform 6ystem of textbooks for the county. FOR APPRAISAL COMMISSION. Mr. Perham's Bill Would Provide One for Forty-second-st. Damages. Lbt telegraph to the tribune.] Albany. Jan. IT.— The old question of the tie-up In Forty-second-st., incident tv the cor.structlon of the subway and the damage to business inter ests and propertj owners along this thoroughfare was reopened to-day by the introduction of a measure by Assemblyman Perham. of New- York. authorizing the ippolntnient of a.i appraisal com mission to hear claims for damages arising out ° Mr** Perham r gave n out a statement Indicating; that Ms measure was drawn in accordance with the fiVe^ed opinions of Alexander E. Orr. president of the Rapid Transit Commission, on the subject of subway damages. A CAR PASSENGER LOSES $300. Conductor on Thirty-f ourth-st. Line Had Just Asked Whether Any One Missed Anything. -Any one lost anything?" called out the con ductor of a westbound Thlrty-fourth-st. car last night as two young men leaped from the crowded rear platform at Flfth-ave. -That's a good one," laughed John Harwood. of Portsmouth. N. H.. who had just reached town However, he sought his pocketbook. Three hundred dollars was misslnff from his trousers pocket. rc-rorted the loss to the police of the Wesl Thlr tk'th-st. station. Sole Importers NEW-YOBK DAILY TTUBTTNE. VtTDXI^DAY. JAOTTAWf 1R If>or> LINDSAY TO STATE BAR. R. L. Hand and Simon Fleischmann Also Speak. Albany, Jaa. 17.— The New-York State Bar Asso ciation to-night rounded out the first day of Its twenty-eighth annual meeting, with a reception at the Fort Orange Club, In honor of William Lindsay, of New- York City, formerly United States Senator from Kentucky, and later chief judge of the high est court of that State. Mr. Lindsay was the speaker to-night at the session of the association held m the Assembly chamber, which was attended by a representative gathering of Albany people and of lawyers from all parts of the State. The association elected the following officers: President. Richard L. Hand, of Elizabethtown ; vice presidents. Cephas Bralnerd, of New-York; James Keen, of Brooklyn: William P. Rudd. of Albany; Kdgar T. Brackett. of Saratoga: Edwin Notting ham, of Syracuse; Frederick Collin, of Elmira; John Van Voorhis, of Rochester, and John Cunneen, of Buffalo; secretary. Frederick E. Wadhams. of Al l.any: treasurer. Albert Hessberg. of Albany. Simon Fleischmann, of Buffalo, addressed the asso ciation on the subject "Bar and Bench." relating especially to the influence of the bar upon judicial appointments and nominations. He said: It appears that communities, in proportion in which they are new an', undeveloped, are still sus picious and jealous of the bar and its influences, and they have often anomalously concluded that their interests are safer with a court presided over bj tt second or third class lawyer, than by a first class lawyer, and in a nation where the people are the rulers, as in the United States, they have gen erally succeeded in carrying out this idea. Law yers, on the other hand, generally agree that a judge, among other things, should "be a first class lawyer, and they also feel that they can. on the whole, better Judge of the fitness of one. of their number for the judicial position, than can a lay man. At the, afternoon session President Hand made his annual address. His subject was "Professional Responsibility" In his Introductory remarks he paid a tribute to the loftiness of the law and the unselshness of the. lawyer, and pointed out that out of the twenty-five men who had occupied the Presidential chair twenty were taught in the law, and no less than twenty-two of the thirty-two Gov ernors of the Empire State were members of the bar. While admitting that there were undesirable men in the profession he contended that unselfish regard for the welfare of others is the character istic of the true lawyer. In speaking of the won derful progress of the country he said that the forces of greed and pride are too often and too widely supreme in private and public life to allow the country to reach its highest ideals. Charles E. Hughes, of New- York, spoke on "Ar rest and Imprisonment on Civil Process." and Adrian H. Jollne. of New- York, discussed "Martin Van Buren the Lawyer." To-night ex-Senator Will iam Lindsay, formerly of Kentucky, now of New- York City, delivered the annual address in the As sembly chamber on "Constitutional Relations of the General Government to the Governments of the States Composing the Federal Union." ' He said in part: Is the Vnited States of America a nation? Are the United States of America to be spoken of as plural or singular? The two propositions involved in these inquiries have been the subject of pro longed, ingenious and apparently inexhaustible dls cuFslon. Kach may sometimes De answered in the affirmative, and each sometimes in the negative, but each answer when given is subject to ma terial Qualifications. The people of the United States have always had to deal, and, if 1 may venture a prediction, will have, until the end of" time, to deaf with the task of defining the constitutional relations of the fed eral government with the governments of the in dividual States which compose the American Union. These relations are of sentimental and perennial interest to a!L and of vital as well as of practical and perpetual importance to those engaged in the administration and preservation of our dual system of government. They are of exceptional Importance, and the sub ject of exceptional interest at this time, when it is being gravely claimed that problems heretofore re garded as domestic in their character, and clearly within the reserved powers of the States, have so developed that they cannot be solved, as the public Interest demands, except by the intervention of the federal government and the use of its strong arm, and therefore that it has become necessary that greater power in that government shall be worked out and established in the application of remedies which heretofore It has been contended, understood or conceded, the federal government has authority to apply, and which cannot now be applied by that government without the exercise of powers which have in the past been regarded as reserved by and residing in the States, to the exclusion or any superior or even concurrent authority. To work out the existence of this new federal power resort must be had to constitutional amend ment, or to the application of more liberal rules of Interpretation than the courts have, up to this time, felt at liberty to apply, in their efforts to discover and define the powers conferred by the federal Con stitution. The courts have no concern with the Constitution except to discover its meanlrg and to apply that meaning to the questions that in the progress of events come before them for adjudica tion. It may be that the advances in the use and appli cation of steam and electricity have brought about conditions which the States cannot entirely or sat lsfactorlly control, and that the successful denial of constitutional authority, without waich the fed eral government cannot intervene for the relief of the general public, may leave that public without the protection to which 1 . is justly entitled. If such be the case, we have reached the point at which there should be a redistribution of powers between the States and the general government, and possibly the grant by the people of powers they have not yet delegated to their established governments. State or federal. In the uphere of its delegated authority the su premacy of the United States cannot be questioned. A« to the powers reserved to the States, their Jurisdiction is as absolute as It was before the, federal Constitution was adopted. While disputed claims to superior jurisdiction have sometimes threatened the perpetuity of our institutions, in the end, each controversy "has eventually reached a conclusion, tending to support and perpetuate, rather than to destroy or impair, the relations es tablished when the dual government, under which we have lived for more than a hundred years, was called into existence. Thief Judge Cullen of the Court of Appeals, en tertained Mr. Lindsay at dinner to-night. The judges of the Court of Appeals and prominent mem bers of the. association were also Judge Culler's guests. After thr address in the Assembly Chamber Mr. Lindsay was entertained at the Fort Orange Club. iI'LAVGHL Many Xegroes Say They Saw Him Shoot Watchman. Patrolman Frank McLaughlin, of the "West Sixty elghth-st. station, was on trial yesterday before Recorder Goff charged with the murder of a pri vate watchman, John Patterson, on May 27. In ■West Sixty-third-pt. McLaughlin is also under In dictment for having feloniously assaulted James P. Bobbins of "The World." December 20. without provocation. The jury which will. decide McLaugh lin's fate was completed early in the afternoon, and Assistant District Attorney Nott. for the prose cution, called Robert Tttfalr. a negro living at No. 2M West Slxty-second-st.. one of the alleged eye wttnesaes of the shooting. Mrs Barah Lucas, who lived at No. 242 on the night Of the shooting, was called. She was hit In the head and shoulder by a bullet the night Pat terson was killed. Charges were preferred against McLaughlin for shooting the woman, but they were dismissed on August 4. She was awakened by the first shot, she said, and on going to tho window taw McLaughlin ehootlng at something behind the Bhanty. She heard some one say: "What a shame to shoot a man when he's down. "The policeman then looked all around." she said "and finally looked up at my window. I don't know what happened after that, for I suddenly be ciim<- unconscious." When she was revived Mrs. Lucas said th&t she was bleeding from a wound behind the ear and on The shoulder. One of the patrolmen took the bullet Lwav she said, and she had not seen it since Bhe was at the hospital. Bhe said she saw only one officer during the shooting. Four other witnesses who said they were eye wltn«'»«eH corroborated the stories told by those who had preceded them. iriTXESS ASSAULTED. Trouble Follows Hearing in "Strike Breaker* Case. After the hearing before Commissioner Keating yesterday of the charges being preferred against Isidor H-rz. the "striae breaker." charged with violating the employment agency license law by the Mine Workers' Union, one. of the complaining witnesses. Frederick Lynch, says he was accosted l,y two men as he was leaving the office of his counsel, William S. Seberry. at No. 290 Broadway One. he says, represented himself, as a State de tective, with a warrant for his arrest. Lynch says that the man declined to show his authority and assaulted him. The trouble, which occurred about 1:20 p. m., attracted a crowd. Lynch *ay» a policeman appeared, but did not arrest tha men for tho Intimidation and assault. CANAL REM)LITION LOST. Senate Defeats Brackett's Asking Attorney General Mayer's O pinion. Albany, Jan. 17.— For over two hours to-day the Senate debated the proposition to ask the Attorney GeneraKs opinion on the validity of the Barge Canal art. and. after considering several substitute measures, defeated Senator Bracken's original resolution by a vote of 30 to Ift. This resolution, originally introduced last week, requested the Attorney General to deride whether the Canal law infringed the section of the federal Constitution protecting navigable waters When Senator Bracken called for the adoption of his resolution Senator Cassidy, of Watklns, offered an amendment, referring to the Attor ney General the entire question of constitu tionality. He maintained that the act con tained many questions which could not legally have been submitted to the popular vote. Sen ator Hill, of Buffalo, championed the cause of the pro-canal people, declaring that the amend ment was not germane and that the Attorney General should be asked only one question at a time. After an extended debate, Senator Lewis offered a substitute resolution, making the ques tion to be laid before the Attorney General ona of constitutionality only. Finally, to avoid un duly prolonging the discussion, both Senators Lewis n.nd Caesidy, at Senator Brackett's re quest, withdrew th<--ir measures, and the vote was taken on the original Brackett resolution. DEFINITE MOVE IN CANAL TANGLE. Legality of Lump Sum Bid Questioned by Buffalo Company. [ET TELEGRAPH TO THE TRIB'N'K] Albany, Ja.n. 17.— The first definite step In the canal tangle was forcast to-day when Eugene Folk, of Buffalo, representing the Buffalo Dredging com pany. filed a brief with Attorney General Mnyer questioning the legality of the lump sum canal bid. The. Buffalo Dredging Company is the lowest Item bidder on one section of the canal. Its bid waa 5..C66, 000. Mr. Folk to-day told the Attorney General that his firm would probably besrtn a cer tiorarl action to review the proceerltngs of Su perintendent Boyd in advertising the contracts. Attorney General Mayer h~>pes to render an opinion on the legality of the present bids by next Mon day, possibly, before Thursday right. TO USE LOCKED OUT MEN. Thorn psonStarrett Co. Gives Em ployers' Association a Surprise. The Building Trades Employers' Association got an unwelcome surprise yesterday by receiv ing a letter from the Thompson-Starrs t <"nni j>any stating that the firm would at once begin to re-employ Its locked out carpenters. There have been strained relations between Theodore Starrett, president of the company, and the as sociation for some time. The Thompson-Star rett Company is one of the largest firms of gen eral contractors in the association, and has a number of big contracts en hand. Neither Charles L. EMlitz, president, nor Louis Harding, of the press committee of the associa tion, would discuss the letter last night, beyond saying that it had been referred to the emer gency committee for action. Mr. Starrett said that, although he <lisar proved of the method of the association, he will remain la It. At least, that is how he felt at present. He had been asked by John R. Shee han. of John K. Sheehan & Co., general con tractors, to attend a meeting on Friday, to form B master contractors' association, composed of general contractors. He had accepted, as he was In sympathy with the views of Mr. Shee han. "fihey were, briefly, to fight restrictions on trade imposed through agreements between unions and trade associations or manufacturers, which created monopolies :n some of the branches and put obstacles in the way of inde pendent contractors. There was rejoicing at the headquarters of the District Council of the Brotherhood of Car penters last night over the action of the Thomp son-Starrett Company. It was said that sim ilar action would be taken by other contractors. The plan of the general contractors is to form an association of firms which are equipped for finishing a building all the way through. These contractors have brick yards and structural iron plants, and employ their men directly in all trades, except those which are monopolized by agreements between unions and trade associa tions <->r material manufacturers. General Alarm Out for J. W. Ferguson, of Pelham Ice Company. A general alarm was sent to the police of New York City and Westcbester County last night to find John \V. Ferguson, a well known resident of New-Rochelle. who haa been mysteriously missing from his home in that ctty since January 11. Mr. Ferguson was at the head of the Pelham Ie« Com pany, which owns a large plant' in North Pelham, and was a member of the Republican Club and the yacht clubs of New-Rocnelle. His friends believe that his mind h;is become deranged because the Ice Trust has made serious inroads on his busi ness and threatened to ruin it- At the time the I< o Trust absorbed all of the nlants In Weetchest-r County, it offered to pur chase Mr Ferguson's company with the others, but the price offered did not suit him. and aa he was doing a good business he decided to defy the com bination H was not long till his business was crippled Of late Mr Ferguson has been sick, and his friends noticed that he waa much depressed. He left bis honi* at So. 1! Bavview-ave.. on Jan uary 11 tailing his wife and daughter that he was going to New-York, and they have not seen him tlnce. •V OX TRIAL. Infantry Barricks at Jalapa Collapsed, but Soldiers Were Not There. Mexico City. Jan. 17.— A heavy shock of earth quake was felt early in the morning of the 14th lnst. the Jalapa. the 3:ate of Yera Croa The whole of one section of the infantry barracks collar*"*!, but at the rim« the building was unoccupied HUNDREDS BURIED BY EARTHQUAKE. Victims Had Failed to Heed Warnings to Keep from Dangerous Part of Shemakha. London. Jan. 18.-A dispatch from St. Petersburg to a news agency reports that an earthquake at Shemakha (seventy-six mile* north-northwest of Baku) burled hundreds of people in the ruins or buildings in the lower part of the town, which was d«ns«ly populated, despite the decision after th* earthquake of three years ago that no more houses should be built there. Member of Noted Virginia Family Succumbs to Operation for Appendicitis. [BY TELEGRAPH TO THE TRIB! XE.] Winchester. Va Jan. 17.— 1n the. presence of Bax ter Moore, of Chester. S. >'.. to whom she was to be married MOB, and with members of her family near. Miss Mary Picton Lewis, twenty-one years old. died suddenly at ISemnrUl Hospital to-day from an operation for appendicitis lurdaj by a New- York specialist. Mr: Moore arrived here a few hours before the operation. Miss Lewli wa.« a daughter of l»aini?erfleid I.#wls. owner ol Audley. a famous estate in Clarke ■ unty. and wan related to ni.uiy noted Virginia and South ern families. H»r mother is Mrs. Carts* Perm Lewis. Miss Unrfci was related to Colonel Edward Stevens, ot Castle Point. Hoboken. and Miss Eleanor Park CuNtis Lewis, who was married to Thomas Bloodgood Peck. Jr.. in Hobokm last Saturday. TO SELL MINOR LANDSCAPES. A aale of Amerit-an landscapes by the late Rob ert C. Minor. N. A., will be held to-night at H o'clock In the American Art Qsjleries, In Madison Square South. The paintings include all the works which Mr. Minor leit. with the exception of some studies which will be given to art institution*. Thomas E. Ivirby u-lli conduct Uie stO*. ICE COMPANY'S HEAD MISSING. EARTHQUAKE FELT IN MEXICO. DIES IN FIANCE'S PRESENCE. y Unparalleled Achievement! n; Importations in 1904 of G. H. MUMM & Go. s CHAMPAGNE 13L330 cases The GREATEST quantity ever imported by any brand in the history of the Champagne trade. Regarding Champagne Importations In 1004. Bonfort's Wine and spirit Circular of Jan. 10, 1905. sajs: "Messrs. Fredk. de Bary A Co. brought over last year to this side of the water a greater number of cases of Champagne than has ever hitherto been known, and these Importations speak in the strongest ■C terms of the great popular esteem in which G. H. MI'MM / \x & CO.'S Champagne is held on this continent." /V Southern California If you contemplate a trip to Southern California, with its lovely seaside resorts, and orange groves, beautiful gardens, and quaint Mission*, the way to reach these magical scenes without suffering any of the inconveniences of Winter travei.ia.na. Union Pacific and Southern Pacific Shortest Line. Fastest Time. Smoothest Track. Accommodations" for. all. classes of pajaacgers. n»Qcntß'oj> JR. Ten-brobcz, General Eastern- Agtnt, 287 Broadway York t City. Any piece of cloth just big enough for one suit is a remnant length. All these remnants are $17. Some are worth treble— some double — well remember to tailor *fern in just the way we built the garments before we forgot all their profit. Trouser lengths S4. s O. ARNHEIM Broad\vay and 9th Street. CHADWICK BAIL $20,000. On Federal Charges Only — Attorney Expects Release This Week. Cleveland. Jan. IT— J. P Dawley. in the United States Circuit Court to-day, asked that ball for the release of Mrs. Cassiw L. Chadwlck be fixed. Judge Wing placed the amount at J20.000. Dawley said this amount would be furnished. This would re lease Mrs. Chadwlck on the federal charges, but there are three- other indictments against her in the Cuyahoga County courts. Mr. Dawley said he would at once ask the State courts to fix bail. Prosecutor Keeler saia if Mrs. Chadwick gave bail in the .United States court she would be ar rested on a capias to answer to the lndictmems returned by the county grand jury. ilr. Dawley said bail would be furnished for Mrs. Chadwlck on the county indictments Just as soon as the sum wan fixed. He expects her release this week. MRS. CHADWICK BROUGHT FEW JEWELS. Reports from Cleveland that Mrs. Chadwick had brought into this country jewels valued at *260.0u> were discredited yesterday at the Custom House of this city Francie E. Hamilton, solicitor to the Collector of the Port, said yesterday that Mrs. Chadwick had made many trips between New-York and Europe. but had- not brought here jewels amounting to 1260.000. 'Mrs. Chadwlck came ever in December. lflOL" said Mr. Hamilton, "and brought $5,000 worth of Jewels, on which she paid no duty, aa they had been taken out of the country by her on tha out going trip. In June, 1902. she arrived here with Jewels valued at JU.366 She paid duty on JIO.OOO of this amount. She declared tr.at the remainder, $1 366 was the value of Jewels which ahe took abroad from Cleveland. We made a careful in vestigation in Cleveland of her declaration, and found it to be correct." RADIUM IN SOLAR PHOTOSPHERE. Professor Snyder, of Philadelphia, Makes Discovery — Laws. Philadelphia Jan. 17.— Professor Monroe B. Snyd«r. director of the Philadelphia Observatory, has an nounced that he has discovered the- existence of radium in the solar photosphere, and of radium emanation in the solar corona and in the auroral streamers of the earth. He also flnds that radium and radium emanation, the latter Identical with coronlum. are widely and correctively distributed in stars, nebula: ar.d ve-y probably comets. He further announces these laws: First— There is universal celestial radioactivity, namely negative or associative, and positive or dls sociative transformation of the elements, with ac companying absorption and emission of radiant energy a! characteristic frequencies and Intensities. Second—Maximum radioactivity is critically de pendent upon the energy gradient, and Is therefore periodic, anJ often local in sun. stars, new stars, nebulse and comets. GILMAN AND BTJTLER ADDRESS IT Speak Before Charity Organization Meeting "Streets Never Freer of Panhandlers." The work of orgSOliMd ISWllll— ■ particularly the trnlnlntr for such work, was thoroughly discussed last night at the twenty-second meeting of the Charity Organization Society, In the assembly hall of the United Charities Building. Ex-President Gil roan of the John* Hopkins University made the principal address He spoke of the tendency through out the world toward union. This, he said, was to b» seen in philanthropy. Dr. Gllman also declared: 1 need hardly remind this audience that New- York is redundant with object lessons It is both a museum and a laboratory. Every form of de cadence irreUgton. vice, disorder, crime, shiftless ne>* lnsanltation. may be discovered. Thar.k God H CHAMPAGNE SUPPLY QUANTITY AT THE EXPENSE OF RiY ARTICLE HA* ACHIEVED A ) ION. THF TEMPTATION TO UANTITY THE EXPENSE OF BIW°TA*DARp D IN ANY ONE >f\« BEING \ SECONDARY CONSIDtRATION. LEMAIREQ PARIS Tne Judges of the St. Loots Exposition acknowledge the superiority of oar goods b/ placing them beyond competiUoo. -;■*• It Is quality that has made tn» nan* Lemaiie famous. See that this name spelled Lr-E-M-A-I-R-E (as above). Is on tho end and around the eye piece of every Opera and Field Glass you buy; otherwise you will buy worthless imita tions. IMar •*:• or all r««paestbl» 4ealer*. BARGAINS in Genuine CUT GLASS before STOCK TAKING. G. DOfIFLINGER « SONS, 3 & 5 West 19th St. and 36 Murray St. Montross Gallery Stb Arm. mad 33th St., Mmw York Exhibition of Pictures by CHILDE HASSAM Until January 28th that is but half the story. Here also the. ranks are full of wise, generous. ingenious. self-saertßctaff and devoted men and women who are. thwarting thai downward tendencies. May I h* allowed to speak of Baltimore? The. great conflagration there occurred not quite a year ago. The legislature appropriated £20.000 for the needy. Py our united charities all wants were sup plied and less than $25. 000 was drawn for relief. Wise, well Lausht and thrifty Baltimore! Edward T. De\ Ine grenentl secretary of the Charl ty Organization Society, made an address. He declared that the streets of New-York were never cleaner of professional panhandlers than to-day. KILLED BY AN "AUTO" IN FIFTH-AYE. While r-ropsln* Fifth-aye. in front of the Savoy Hotel at Fifty-n!nth-st. last night John Donnell. of No. MM Sanford-st.. Brooklyn, was knocked down and run over by an automobile, lie was removed to the Flower Hospital, where he died later. The man had started to cross the t'laza. and had become con- Ml*ed by several automohiles which were approach- Ing in different dl"vtion«. The chauffeur of the machine that hit him vr** arrested 3