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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, February 03, 1905, Image 3

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'Attorney General Moody Sustains
Secretary Share.
W*shin?ton. Feb. Canadian No. 1 hard
wheat imported and ground with American
■fjßßt la to be entitled to a drawback of 99 per
cent of its full value when exported as flour.
attorney General Moody having sustained the
contention of the Minneapolis millers to this
rr r. and Secretary Shaw will Issue in a day or
tt ro the regulations under which the privilege
ir.»y ■* enjoyed.
••We will proceed to carry out the plan at
cpct." .id Secretary Shaw to-day. "The mll
jfrs will be told to place their books and their
ttainess in such shape that the agents of the
department may at all times scrutinize every
sjsjsj bearing on the receipt and shipment of the
eat. The millers know now just
fcotr much the wheat costs them, just how much
of it pofp into the flour they make- and Just
j-.ow much remains hi the United States and
tpw much goes abroad. Our agents have al
ready been through their establishments and
received an insight into the wonderful system
c f bookkeeping they carry on. You can go Into
B rv of their warehouses and pick up a wheat
«ck or a flour has and learn the entire history
cf it inside of three minutes. After the order
ccff '-Tito effect I don't suppose that they will
Ijsv» a more elaborate system than they already
■B^atain, bat it will, of course, be open to this
g.partrnent for inspection at all times."
Attcrr.°y Ger.eral Moody in his opinion, which
Is dated January 24, after reciting- the questions
F^bffiitted to him from the Treasury Department
and quoting the clause In the tariff act of July
24 ISPT. establishing drawbacks, quotes the ar
£Tjir.er.t used by Attorney General Olney in de
r.virf U»« claim of the Kansas City Smelting and
Rff.r.'.ng Company for a drawback on imported
lead which had been mingled with domestic lead
In pro-'esf of manufacture, and that of Attorney
General GricCßJ and Solicitor . General Richards
rn-erFir.? Mr. Olney's opinion. He notes that
Jlr. Grlggs's opinion was rendered In the ad
ministration of President McKinley, who, as
chairman of the Committee on Ways and Means
of the House of Representatives, had prepared
this identical drawback law. which first ap
j*>ared in the tariff act of 1800, and who, in a
fpewh in the House of Representatives, had ex
plained Its purr-ose. Mr. McKinley said:
The Mil proposes that the American citizen may
ir-Dcrt any product he desire?, manufacture it into
lie fini^'-d article, using in part, if neeeysary. in
tuch manufacture, domestic materials, and whr-n
•ie comp!-- ted product is entered for export refunds
« him within : per cent of all the duty be paid
izm his imported materials. That is. we pive to
tit c:?r>i*al and labor of this country substantially
t~t :nid* in all foreign materials for use in the
narke' s of ihe world. We do not require that the
jiroduf-t sh.il! be marie wholly of the- foreign ma
prill Already, under special provisions of law?
£r.d regulations of tho Treasury Department parts
cf a rir.ishfd pr<viii<*t made here and attached to
th+ finished article does; not deprive the exporter
of his drawback. We have extended this pro
riston. and in every way possible liberalized it. so
i'-.at The riom°stic mid foreign product can be com.
lined and still allow to the exporter DS per cent
rpcr. th» duty he pays upon his foreign material
lEtPiided for export: which Is. In effect, what free
traders, and our political opponents are clamoring
'or. namely, free raw material for the foreign trade.
And if you are desirous of seeing what you can do
!s the way of entering the foreign market, here is
th» pportunlty for you. . . .
It completely, If the provision be adopted, dis
pose!" of what has sometimes seemed to be an al
nost unanswerable argument that has been pres
e»n:ed by our tiieuda on the other side— that if we
only had free raw material we could go out and
capture the markets of the world. We give them
now within 1 per cent of free raw material, and
brvtta them •• go and capture th« markets of th»
Mr Springer— Trill the gentleman permit m» to
uk if that also applies to wool?
Mr. M'-KlnW-— Te«: it applies to anything which
Q..y rhoose to import for purposes of manufacture,
V.T. \Io»?dv # 5 opinion continues In part as M
The principle upon which th" opinion of Mr.
Srrgs yes based as clearly admits the case
F*at»d hr J""J to the privilege of the drawback
s* Usat pf Mr. Olney exclude? it. The two opin
fors ere irre-'oncilabl^. and the later distinctly
r-erraled the earlier. The opinion of Mr. Grlggs
:as been acted upon In administration. Upon
inquiry from you I have learned that, accept
irx th" opinion of Mr Griggß as stating the
waled interpretation of the drawback law.
i-aivhark.e jn large amounts have been ascer
tained from books of account of the exporters
«nd n th*r evidence, and upon such evidence
have been paid by the Treasury Department to
ho«» fi a ;ming them. In the total drawback.
mounting to over f5.000.000, paid by the Treas
ury Department in the year 1903. a very large
proportion was paid, upon th exportation of
narufa<"tureF in which th e Imported and domes
tic materials were so blended that they were not
lyparent to the sight or other senses, and could
•eiy be ascertained by the manufacturers''rec
>r^- The following specific cases are cited as
Instances: »
ill ttrrr.f rf irs.r.ufacf-iro.l 1-nd ■ . ■ -f 141 Tf
■■""nets!** trow fJPar and mola«s*s ... SnC.f>o2 36
•iWhrlif preparation of all kir.d« 1fW.f174 77
■uasfactwes of ;r^n and etwl '«--;. 7 B7
It i= clear, -fore, that a departure from
the principle governing Mr. Griggs's opinion and
> return to thct governing Mr. I >lney*s opinion
*^>uld have crave sequences in the admin
fftration «.f the Iran-back law by requiring the
of many drawbacks now allowed.
I rthoald hesitate tons; before rendering; an
opinion which would have bo disastrous an ef
wct and rhould especially hesitate to overrule
*J opinion of one of my predecessors, delivered
"'■*• grave consideration, itself overruling a
previous opinion i.nd followed by administrative
j^ts of serious impoi lance. Nothing would
raFtifj- su<-h a ■• arse except a controlling judi
"tel opinion. No such opinion has come to my
fittertjon. but, on the contrary, the only de
"■en of th« Supreme. Court which has any
w Steinway
Vertegrand Piano
of it» tone to that of the ordinary until grand piano. A
Through the creation of thin remarkable instrument ■
the public art enabled to place in their homes a genuine ■
Steir.way fulfilling all the most exacting requirements at \§
the ertrrmrly moderate price of $500. _ * \f^
A single visit and inspection will convince any intending t
purchaser that the problem of supplying the most ar- P
tiatic and satisfying piano at the lowest possible cost l
has been finally solved by us.
Time Payments Acceptable '
Our Illustrated Catalogue and " Portraits of Musical
Celebrities " sent free upon request.
oVaIUS? i, Up °J\, the 3 u^t!on tends to sustain '
backs of this character.
thl a ™ J2 r . mcd that in point of fact many of
•Jri,.iL . rtalS Rometil "cs used in the manu
facture are consumed In whole or in part in the
use or wasted in part in the use or hAving
been extracted, survive for future use So far
as such materials are consumed by the use or
pasted or extracted for future use, they do not
form a competent part of the completed product
fiSh is th S case, for instance, with respect to
alcohol used in solid extracts, to solvent used in
cutting the shellac used in the manufacture of
stiff hats, to fusel oil and acetic acid used in
the production of celluloid. Unless, then Con
gress intended to allow a drawback upon im
ported materials used in the manufacture
whether they subsequently appeared as a com
ponent part of the completed product or not it
was necessary to restrain the generality of the
provision of the main body of the act by some
appropriate language. This was done by the
first proviso, which is as follows:
Provided. That when the articles exported are
made in part from domestic materials the imported
materials, or the parts of the articles made from
arti,i..h Prial 11 S ' shaU ,"° apr * ar in the completed
be ascertained ° QUantlty or ff - e asure thereof may
Th i? proviso excludes from the privilege of
the drawback the imported materials which.
though used in the manufacture, do not appear
as a component part of the completed product
Such an interpretation gives to the proviso a
clear and well defined office and effect. The
imported materials on which a drawback is
claimed must "appear in the completed arti
cles." Does this language mean that the im
ported material must appear so that it may be
seen and weighed or measured? In my opinion
the word ought not to be given that meaning.
The word "appear" is here used with a very
common meaning— perhaps the most common
meaning it ha* In legal phraseology — and de
scribes that knowledge which comes to the
mind as the result of evidence as well as the
knowledge derived from the exercise of the
senses. In that sense a fact "appears" to exist
when by any evidence which satisfies the un
derstanding it is shown to exist. Giving to the
word this meaning, the statute does not re
quire that the imported materials should ap
pear in the sense of being seen in the completed
articles, but only in the sense of being proved
to be present in the completed articles.
This meaning of the word "appear" is empha
sized by the words which follow and which
qualify and explain it: the imported materials,
the statute says, "shall so appear in the com
pleted articles that the quantity or measure
thereof shay be ascertained." The words "quan
tity or ' measure thereof may be ascertained"
are appropriate to describe knowledge obtained,
not merely from the senses, but as the result of
evidence and judgment arrived at by reasoning
upon evidence. In the next proviso In this
very section, where it is provided that- "the
quantity of such materials used and the amount
of duties paid thereon shall be ascertained,"
the word "ascertained" Is obviously used to de
scribe the knowledge which is obtained from
evidence, and not merely that which • Is ob
tained from the exercise of the senses. I think
the same word is used in the same sense in
the first proviso also.
In my opinion, where it is proposed to ex
port a product manufactured in the United
States from a combination of domestic material
and foreign material which has paid duty, and
the customs officials can identify the foreign
material and can ascertain to their satisfaction,
by the evidence of books of account or other
wise, the quantity or measure of the foreign
material actually present in the completed ar
ticle, the exporter is entitled to receive a draw
back of 'JO per cent of the duties paid upon the
Imported material thus ascertained to be actual
ly present in the completed article.
I do not wish to be understood as expressing
the opinion that the evidence of the books of
account of the manufacturers is alone sufficient,
without the aid of other evidence, to estab
lish the rights of the manufacturer to the draw
back. I express no opinion upon that subject,
as the nature of the evidence disclosed by them
is not before me. The amount and character of
the evidence which should be required by you Is
within your administrative discretion. It is to
be presumed that, having in view the dangers of
mistake or substitution of material, suitable
regulations will be framed which will require
clear proof of the identity and quantity of the
imported material used, the amount of duties
paid ther?-in and the quantity or measure of the
imported material actually present in the com
pleted article offered for export. Under the con
dition which I have stated the manufacturer, in
my opinion, is entitled to the drawback allowed
by Section 80 of the Tariff act of July 24, ISO".
and I so advise you. My conclusion is not af
fected by provisions contained in Section la of
the Tariff act of July 24. 1897, relating to manu
facture in bonded warehouses. That section does
not attempt to deal with the question of draw
backs of duties which have been paid, but pro
vides merely for manufacture from raw mate
rials which, by reason of their remaining in
bonded warehouses, have paid neither customs
duty nor internal revenue tax. I cannot, there
fore, conceive of any bearing which Section 15
has upon the interpretation of Section 30.
The millers under this decision will receive a
drawback of 99 per cent of the duty paid on im
ported wheat, which Is 2."» cents a bushel.
Say Drawback Decision Will Aid Fanners
and Stimulate Export Trade.
Minneapolis, Feb. 2.- In speaking of Atrorney
Oen^ral Moody's draw-back decision on Canadian
wheat. Henry L. Little. «f this city, who has
been active in bringing the millers' case before
the Treasury arid l»gal departments at Wash
ington, said .
The decision will help up to use a far greater
b mount of our own wheat by stimulating the
demand for our export trade. It will benefit the
farmers and the entire milling industry of the
country, and we are naturally elated over At
torney General Ifoody'a favorable ruling,
zhout all th«> conferences with government
officials we have been treated with uniform
courtesy and fairness, and we appreciate it most
Wallingferd. Conn.. Feb. 2. --Fire brok» out in
the Kymnasram of the Choate School here to
day and threatened to destroy the building. The
boys of the school, however, showed the value of
thletic training by forming a volunteer fire
brigade and foukht the flam*? so valiantly that.
the damage was confined to the basement, in .which
z ,. Mari r -ri. The loss amounted to only about
nas proved such an instantaneous success that now, for the
first time since its introduction we have been enabled to
keep pace with the demand.
All musicians ami experts who have examined and
tested this vertical grand piano, have unanimously
> pronounced it the greatest achievement in modern
L pianoforte building- and have marveled at the vast
"P^ 4 SiV _ ■ k_ V W ■ SE By ■ M
Steinway Hall
107 and 109 E. 14th St.,
New York
Subway Erpret* Sution
at th* Door
Chamber Against the Interstate
Co m m issio n Plan .
Most of the meeting of the Chamber of Com
mence yesterday was given to the hearing of a
report of A. Barton Hepburn, chairman of the
Chamber's committee on internal trade and Im
provements, retarding the proposed Increase of
power to the Interstate! Commerce Commission.
The report rails attention to the seventy-four
thousand miles of highway In the State and to the
present laws, and amends a resolution of the Cham
ber to read thus:
Resolved. That this Chamber approves the gen
fral scheme- of highway improvement undertaken
by the State, and indorses the proposed amendment
to the constitution above referred to. and recom
mends to the present legislature the paasage of
the same in order that it may be submitted to the
people for popular vote at the general election in
the rail of rj.6.
On the proposed increase of power to the Inter
state Commerce Commission, Mr. Hepburn's report
reads In part as follows:
It is natural for all officials to wish to magnify
their office. The. Interstate Commerce Commission
has. in its annual reports to Congress and through
other instrumentalities for reaching the public,
asked that power be granted It to .fix and determine
rates of transportation
Is it not imposing an unreasonable physical strain
to expect any live or seven men to perform such a
task? We have the greatest respect for the Inter
state Commerce Commission, but we cannot Ignore
our everyday experiences In business affairs, and
they teach us that granting such power to the In
terstate Commerce Commission and imposing upon
it such duty are likely to lead to disappointment.
Some, idea of the magnitude of this undertaking
may bo gained from the fact that the earnings of
the railroads last year were in excess of -$1,900.1)06/00
and their capitalization in excess of $14.000.000. <*>'.
and the internal commerce of the country, largely
transported by rail, has been estimated at $22,000,
The creation of additional Judges or the assign
ment of existing judges to a specially constituted
court in order te facilitate the hearing and de
termination of cases arising under the Interstate
Commerce law would be wise and commendable,
but it seems to us that railroads, like individuals,
have the right to have questions involving their
management and welfare, including making rates.
passed upon by competent judges,* after a herring
conducted according to the usual rules of Judicial
procedure, before the same be adjudged wrong.
Such wrongs, as exist should be righted. The
President has our cordial sympathy in his efforts
to right these wrongs, and both the- President ana
Congress shall have our earnest co-operation, but
we cannot persuade ourselves, in the light of our
own experience, that granting the rate making
power to the Interstate Commerce Commission will
realize the good that advocates of the measure
hope for. M „
Let the statutes clearly define th" duties of rail
roads as common carriers, with proper penalties
for all inflections of the 'aw; let the commission
exercise its power of inquisition to the p" 1 / 8 *
extent; bring all questions which the railroads fail
to adjust before the courts, and then let the courts
redress the wrongs and enforce the rights tnus
brought before them.
Interstate Commerce Commission So
Reports to Department of Justice.
Washington, Feb. 2.— The Interstate Com
merce Commission to-day forwarded to the At
torney General a report on the investigation of
the charges that the Atchlson, Topeka and
Santa F6 Railroad has been granting rebates to
the Colorado Fuel and lion Company, the report
showing that the law had been violated in th^se
transactions, and referring; the whole matter to
the Department of Justice for action.
The commission's decision, holding that the
law has been violated. Is accompanied by the
voluminous testimony taken at the hearings.
There is no mention of Secretary Morton, who
was vice-president of the road at the time the
transactions occurred, in the commission's de
cision, and no connection whatever is found by
the commission between Mr. Morton and the re
bate transaction. The report will be made
public to-morrow.
La Follette. Cummins and Van Sant Will Ad
dress Meeting of lowa Meat Raisers.
Dcs Ifoinea, (owt, Feb. 8. — Governors La Folletro
of Wisconsin, Cummins of lowa and former Gov
ernor Van Sant. of Minnesota, have h*en ask«»d to
address th>* Corn Belt Meat Raisers' Association
at its annual convention here on February 7. Gov
ernor ],a FoDette has made hi? acceptance condi
tional, the others will positively attend, and it is
st-it---d that all will discuss political questions as
they concern the farmer and stock raiser. Th«
tariff, and especially 'he regulation of railroad
charges, will be the chief topics, and th» conven
tion Is expected to r.-ik* radical action. The ,-,ffl-
Cers freely declare they want to denounce those
lowa Congressmen who are commonly classified
as "railroad men." and that the three Governors
are all in sympathy with this.
State Senate, Though Democratic. Calls on
Congressmen to Vote for Rate Legislation.
Jefferson City. Mo .Feb. — A remarkable resolution
passed the State Senate this morning. It was the
Republican House's joint resolution calling on Mis
souri's Senators and Representatives in Congress
to support President Roosevelt in his proposed rail
road legislation. Til" Senate is Democratic by
more than two-thirds majority. When the resolu
tion came from the House it was adopted without
a dissenting voice. It calls on Democratic Senators
and Congressmen to support a Republican Presi
The resolution requests "that the Senators and
Representatives of Missouri in the Congress of the
United States use their best efforts to secure the
enactment of such laws as will best tend to the
carrying out of the recommendations of the Presi
dent with reference to the enlargement of the
powers of the Interstate Commerce Commission.
Foreign Relations Committee to
Consider It To-morroic.
Washington. F<=>b. 2.— The Hay-Bond reciproc
ity treaty with Newfoundland will be considered
at a special session of the Committee on For
eign Relations to be held on Saturday morning,
the meeting being calied on the motion of Sen
ator Lodge-, v.ho wishes the immediate consid
eration of the amendments su^eested by New
foundland In a letter recently received a* the
State Department and nor,- before the Foreign
Relations Committee. The Massachusetts Sen
ator also proposes certain amendments, and
espn in! care will be taken to prevent the pro
poaed changes from being made public until the
Newfoundland Premier can he advised of the
conclusions of the Senate.
Practical!?/ New Xatnralization Laze
Proposed by Senator O. 11. Platt.
Washington. Feb. 2— To ire vent fraudulent
naturalization of aliens. Senator Plait, of Con
necticut, to-day Introduced a bill amending the
entire naturalization laws by the adoption of
what practically amounts to a new system, al
though retaining th« preaeni methods of pro
cedure in courts, with some additions of th»- de
clarations mad< by applicants for citizenship.
Mr. Wynne Dismisses Three Carriers and
Suspends Thirty Others.
Washington. Feb. 2.— Postmaster General Wynne
to-day removed three letter carriers In the Toledo
(Ohio) postoffice. ordered a fourth man to show
cause why he should not be removed, and suspended
thirty other carriers, all of the Toledo office, for
thirty days, on the charge of selling mining stock
and of collecting the assessments thereon. The
dismissed men are David S. Wilder. D. Van Bus
kirk and Charles J. Kauscher. It l« cV.rged that
the men sold this mining stock while on duty as
carriers as well as when off duty an.\ frequently
while in uniform, "to the ecandal of the public
service." It also is alleged that in e^rne of the
rases the men made false statements under oath in
•ii a\ me the charges.
A Humbug, Sai/s Senator Lodge,
Trying to Stop Their Distribution.
[ritOM thk Tfrrr.fvn BrmtAi-. I
Washington. Feb. 2.— Senator Lodge made a
vigorous attack on the distribution of free seeds
when the Agricultural bill was under consideration
to-day. To-morrow Mr. Lodste will move to strike
from the bill the appropriation for free seeds to
be purchased on contract by the Secretary of
Agriculture, and will demand the ayes and noes,
so that Senators who favor the perpetuation of
the free distribution may be placed on record.
"The distribution of seeds by the government."
Mr. Lodge declared, "is regarded by the news
papers and by the people of the United States as
a Jest, a huge Joke, but it is a Jest that costs the
people of the United States 5200.0J0. We hear a
great deal of talk about paternalism, but I oar.
Imagine no greater example of pateraaUrao than
for the Secretary of Agriculture to expend
of the people's money to purchase common garden
seeds, such seeds as may be bought at any coun
try grocery, and donate them to some of the con
stituents of members of Conpress. This is a
gift, pure and simple, of something purchased with
the funds of the whole peopte to qertaln favored
constituents of Representatives and Senators."
When interrupted by Senators who protested
that the distribution of rare and valuable seeds
was beneficial to agriculture, Mr. Lodge declared
that he had no objection to the distribution of
"rare and valuable seeds," but he did object to the
purchase of common garden seeds to be sent out
as petty favors from members of Congress to their
constit jents.
"The major portion of this appropriation l» sim
ply to provide a pleasant gift for some of us to
make to some of our constituents." he sa'.d. "We
are. and we have been, year after year, appropriat
ing public money to enable us to make these little
presents. Th« Secretary of Agriculture should dis
tribute all the seeds, shrubs and cuttings sent out.
As for common garden and flower Reeds, why should
we furnish them to some farnv-r* and not furnish
all farmers with free turnip seeds? It is perfect
nonsense, and is insincere, for Senators to talk of
'rare and valuable seeds,' for that is merely the
ancient and respectable cloak under which a petty
and improper abust — the rankest kind of paternal
ism—has grown up."
Senators Proctor, Perkins. Latimer. Berry and
Bacon opposed Mr. Lodge. Senator Bailey sup
ported Mr. Lodge's contention that econo.ny, re
garded as so essential, should begin with the cutting
off of these commercial Feeds, which would affect
only members of Congress.
"I regard this distribution of common seeds as a
sheer waste of the public money." said Mr. Lodge.
"There are thousands of people in my State who
have no use for seeds. It would gratify many of
my people to receive watches. Why not give to
oach of them a watch?"
Charged with wishing to curtail the free seed
distribution because seeds were not wanted in his
State. Senator Lodge deprecated the continual ref
erence to "my State" and "your State," and urged
his colleagues to regard legislation from a broader
point of view, and now. when economy in every
direction was essential, to "lot that economy begin
at home," and cut off the $200,000 which was being
appropriated solely to increase the personal popu
larity of members of Congress. Mr. Lodge said
further that one firm in his State last year received
a contract for seeds amounting to $50,000.
Mr. Pettus, of Alabama, the oldest member of
the Senate, appealed to his fellow "youthful" Sena
tors not to forget the days when they enjoyed the
violets that grew in the flower box on the front
Mr. Latimer defended .the distribution as of
great value, and Mr. Perkins read from the report
of the Secretary of Agriculture to show that an
Intelligent effort was being made to improve va
rieties. .
Mr. Bailey said there was no more reason why
the government should supply seeds for farmers
to plant in their gardens than there would be for
supplying Implements for working them.
Mr. " Proctor suggested that the entire appropria
tion of the bill did not exceed the cost of one bat
tleship, and Mr. Lodge expressed the opinion that
the appropriation for the navy was the most wise
>Mr'PI F.cri->- intimated that Mr Lodge's Interest in
the navy was due to the fact that his State was dl
rectly Lodge denied any interest because of local
Mr Long.- dented any interest because of local
•benefits, ami spoke of his support of the River and.
Harbor bill, which, he said, benefited Arkansas.
rr r*- than ftriv State distribution as one
Mr Pettus defended the see.i distribution as one
of the most profitable acts of the government. He
commended Secretary Wilson in high terms .paying
that he had done more good than all his predeces
sor^ In that office He dwelt on the importance or
ha™n« a farmer at the head of the department.
"Oh I wouldn't put a lawyer there. he said,
looking a* Mr Ballev "even though he came from
T« a « Yes/- he Mr. Speoner. who sat near him.
"iThink he w^uld administer the office honestly.
h V P?ocT; a^c^bl? P^al opposition to
Says He Welcomes Most Searching
Investigation of Charges.
Washington. Feb. 2.-Senator John H. Mitch
ell of Oregon, who was indicted by the United
Btates Grand Jury at Portland yesterday on
charges of bribery in connection with the land
frauds investigation, made a statement to-night,
in which he says he welcomes the most search
ing investigation of the charges against him.
and asserts that only "misconstrued Innocent
acts" and "unwarranted inferences" can connect
him with the land frauds. The statement is in
part as follows:
Of the final outcome I have not the slightest
fe:ir but in the mean time I assert In the most
positive manner 1 never in my life had any
conversation with Frederick R. Krtbs whatever
in reference to any lands or any other business
matter lam equally positive in the statement
that I never at any time or place received from
h'm (Frederick K. Kribst, or from any other
person for him. directly or indirectly, any check
or checks for any amount whatever, either on a
Rostl.urp bank or any other bank, in considera
tion for any services rendered or to be rendered
by me as Senator or otherwise or for any pur
poee whatever.
I further assert that Frederick R. Kribs never
to his life contracted with me for the services
of A H. Tanner anu myself, or agreed with me
t<> pay for services alleged to have been ren
dered in part by me in appearing- before and
persuading Bing-r Hermann, Commissioner of
the treneral Land Office, to make special or
recommend the issue of any patents; nor do I
believo he ever made any such contract with
A H Tanner, for the reason that by our arti
cles of copartnership It was expressly stipulated
that I c<mld not be in any manner interested
in any deportment business. But as t<> what
business matters Judge Tanner may have had
if anj. with Kribs, Judge Tanner .-an himself
speak, as I have no knowledge of th*m what
ever, nor do I know there were any.
Special Mail Facilities Approved— Mr. Payne
Criticises Reciprocity Treaties.
Washington. Feb. —The Postoffice Appropria
tion bill was still under consideration when the
House adjourned to-day. The provision for special
mail facilities on trunk lines was retained. A mild
sensation was created by Mr. Baker, of York,
who said that »he voting of mail subsidies was the
«ay to kill the Democratic party. Mr. Baker de
nounced certain members of his party for having
foisted Judee Parker on them us their candidate
for President, saying that his candidacy had been
initiated and manipulated by monopolists.
Mr Overstrret, in closing the debate, declared
that 'any man who voted for the bill on its pas
aa-o was- compelled to vote for subsidies, because
th* bill was full of them. "Gentlemen." he said.
"cannot afford to take umbrage at the word "sub
sidy.' " He declared that every rural free delivery
route was a subsidy. -V : ..
Mr Payne challenged aome figures given by Mr.
Overstreet regarding the trade with Cuba, and pro
voked a brief discussion of the subject of reciproc
ity treaties. Replying to questions. Mr. Payne
openly asserted that he did not know of any
country 'hat was ready to make a fair and equit
able reciprocity treaty with the United States.
He would not nay that all reciprocity treaties were
bad but he did say they all had been Jug handled.
Washington, Feb. 2.— Senator Platt. of Connecti
cut, to-day Introduced a bill authorising the r «
tlremont of General Joseph R. Hawley. the retiring
S> r..uor from CußmoftaUt. as a brigadier general.
Fifth Symp h any
An Adequate Performance in the
Home possible tor every owner of
The Orchestrelie
A I AHE following description of the firs: movement of Beethoven's Fifth Sysi-
THE following description from the movement or Beethoven's F: CATA
phor.y is an escerpt trom the m "ORCHFSTRELLE CATA
taining annotations on one hundred celebrated orchestral compositions,
will be sent free of charge to any address upon application, together with a book
let explaining how even the novice it msii: may play thrst se!;ctioc«, combining
the tcnes of the strings, the flutes, the reeds, the b-as>rs, etc., so ai to secure the
beauty znd variety of tone heretofore foand only in the complete orchestra.
Beethoven s Symphony Xo. §; First Movement: Allegro con brio
This is not alone the Symphony by which Beethoven's
name is best known, but also is it the best known of all sym
phonies. Various explanations are offered as to the direct
meaning of its contents. Beethoven himself is credited with
the remark that its meaning was 4< So fare knocks at the door."
A writer attributes the work to inspiration Beethoven found in
a love affair. Still another finds it a picture of the composer's
mental state when he. realized that his hearing was leaving him.
Wagner admired this work tremendously and wrote of it
that it "captivates us as being one of the rarer conceptions of
the master, in which painfully agitated passion at the opening
fundamental tone soars up on the gamut of consolation, of ex
altation, to a transport of triumphant ioy."
I h* First Movement, and of it the opening phrase, is th
particular episode which is supposed to be descriptive of fate
knocking at the door. This phrase, "with its sudden start,
and the roar of ks long-holding note 1 ?, strikes like thunder."
This first theme is reaily the motto of the entire work. It is
used persistently in the First Movement; it triumphs over the
impressions made by the sunnier second subject. It is as
though "the imacre of the relentless foe remains ever present and
does not permit restfulness to give lasting relief and comfort.''
It was this symphony that Mendelssohn chose to introduce
Beethoven to Goethe, who sat "in the dim corner of his room
at Weimar, like Jupiter Tonans, with the fire flashing from his
aged eyes."
Tin- Orfhestrelln in a mn«lral Instrument of a dl»tln<-tlv« It enables
anyone to prod ace, in the home, the music of the orchestra, closely simulating
the tone coloring: of the various instrument*, bat not requiring technical
knowledge ol music ou the part of the .performer. Frlc«-» «MMN» to 53.3U0.
362 Fifth Avenue, near 54th St., New York.
Art Exhibitions and Sales.
To-Night at 5:30.
At Mendelssohn Hail
Fortieth Street, East of Broadway,
(Admission by card, to be had free of the managers. >
The Kauffman Collection.
On Free View To-Day Until Noon
At the American Art Galleries.
The bale Will Be Conducted by Mr. Thomas E. Kirby of
6 East 23<J Street. Madison Square South. New York.
Changes to Meet the View of South
ern Senators Possible.
Washington, Feb. 2. — After a discussion of
more than an hour, the Senate Committee on
Foreign Relations to-day adjourned without re
porting the arbitration treaties between the
United States and several European govern
ments, but with prospects for an early agree
ment. Senator Bacon again urged the adop
tion of amendments that were made by th«
Senate to the Olney-Pauncefote treaty, in or
der to guard the interests of States, but these
were opposed by the Republican members of
the committee. It is said that the committee
finally will agree on an amendment declaring
that every" claim to be arbitrated under Ike
treaties must flrat be submitted to the Senate.
Senators from Southern States who have op
posed the treaties because of the effect they
feared they might have on repudiated State
bonds held abroad have agreed to aicept a
amendment of this character.
The President Will Appoint Him Collector
of Customs at Burlington, Vt.
Washington, Feb. 2.— Charles H. Darling. Assist
ant Secretary of the Navy, to-day tendered his
resignation to the President, asking that it take
effect near th» expiration of his four years' term
of service, which ends in December of this year.
The President. in a letter to Mr. Darling, said thai
when his resignation took effect it was his purpose
to appoint him collector of customs at Burlington.
Vt. Mr. Darling's letter ai.d the President's replj
Navy Department.
Washington. February I. IS£l.
To the President: 1 deem it best that I t-hould
retire from the office of Assistant Secretary oi the
Navy at the expiration of four yr ir«' service, or a.i
near that tOM as burst sutti your con.enienoe.
While the position has been on« of saerinVe. its
duties have been pleasant and interesting. - It has
been a special privilege to have hrld this ofnee
under your administration, conspicuous for th«
great development of the navy. Your personal
leadership has been an inspiration and an incentive
Art Exhibitions and Sales.
Represents the increase in
lines of advertising (ex
cluding Tribune advts.)
printed during January,
1905, as compared with
January, 1904.
to one's best efforts. I shall aUo live happier be
cause of the friendship of Secretaries Loiig. Moody
and Morton, .jnder whom I bare served I greatly
appreciate the personal kindness and consideration
which you have shown tr.e, nr.d sha!! retire frcra
the office with deep regrets. i b»-g to remain,
most respectfully. CHAR H. DARLING.
Assistant Secretary.
White House. Washington. February 1.
My Dear Mr. Darlinn: You have been a i*artlcu
larly painstaking, hard working ar.d efficient public
servant in your position us Assistant Secretary of
th« Navy. 1 &m sorry that you are tt> retire irom
tills position, and I am vi:». '.'!••.« to have you sever
your connection with the public service. I know
that It has been k ■acrtfloe for you to come to
Washington, and *x <* my jv.:rr>oiM-. when your res
ignation takes effect, to appoint you Collector of
the Port of Burlington, of the District ■( Vermont.
Sincerely yours. THKODORE ROOSEVELT.
Chicago. Feb. I.— A sunspot. believed to be on<» of
the- largest had best stone: e»vr obju-rveA has
been discovered by Prof>*sor A. H. Cole, a local
astronomer. Projected through ■ small opera glass
on a sheet of white paper, a dUk ro«>u»urmc «lx
, •--« tn (l:;-r>»trr was tfJucTiwc M.»ircmstlval
calculations indicated tt.it th.« <pot oa thY surfaco
or the «un wa=f »>nr-t«»::th of its to ml dlnraeter. or
more than elshty thousand mil«-» In Ita wtil*«t
port. The spot U «KS *ly*ped. and car. be easily
dUo«rr.ed through » smoked glna*. ft te JillK^ l^
the centre of the sun. Th« »pot will be viv.Sla for
seven days.

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