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New-York tribune. (New York [N.Y.]) 1866-1924, January 18, 1905, Image 3

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jmr-fti^ation by Legislature Before
Compelling Tribunal Favored.
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.
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-
,/ 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
The Importations for the Year 1904 of
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.
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
Applies Only to Justices of First
[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
A Tammany Bill to Discourage Challenging
on Election Day.
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.
Senator Maiby Introduces Bill to Aid Super
intendent Morgan.
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.
Street Sanding Measure To Be Introduced
To-day for Major Woodbury.
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.
Mr. Merritt, of St. Lawrence, Wants One for
His District.
:.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.
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.
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
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
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
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
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.
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.
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
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.
Legality of Lump Sum Bid Questioned by
Buffalo Company.
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.
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
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
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.
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.
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*.
y Unparalleled Achievement! n;
Importations in 1904 of
G. H. MUMM & Go. s
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
Southern Pacific
Shortest Line. Fastest Time. Smoothest Track.
Accommodations" for. all. classes of pajaacgers.
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.
Broad\vay and 9th Street.
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.
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
'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."
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.
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
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
IMar •*:• or all r««paestbl» 4ealer*.
in Genuine
3 & 5 West 19th St.
36 Murray St.
Montross Gallery
Stb Arm. mad 33th St., Mmw York
Exhibition of Pictures
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.
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

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