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2 CAXAL ZONE COBDHIIHB WHAT .MAGOON FOUND. Sanitation Success — Supreme Court Capable — Need of Silver Coinage. Washington. Feb. a— Charles E. Magoon, Governor of the Panama Canal Zone, was before the Senate, Committee on Interooeanlc Canals to-day and gave his testimony in connection with the investigation of the canal zone. He outlined conditions on the isthmus as they were hen he was assigned to duty there last spring. He said he found an excellent organization for the government of the zone, but that the men mere much overworked and anxious over the possible effects of the reorganization. No re movals were made. The sanitary force was also well organized, and it had done and Is now do li.p. he Fald, excellent work. The government had been e*pe«'iallv fortunate in securing in that force a number of army men who had been en gaged in the sanitation of Cuba. He gave details regarding the ravages of yellow fever la.«t season, and said that while most of the victims were white men. some were colored, The natives were not. however, en tirely immune. He said he had accepted the doctrine that mosquitoes are the agents In •^reading yellow fever, but that no preventive methods had boon neglected. -Do you believe." asked Senator Morgan, "that with all the mosquitoes killed all the diseases •would disappear?" "No." replied the witness, "but we are trying nevertheless to get rid of the mosquitoes— to kill them ©ft." "A pretty big undertaking." suggested the .Alabama Senator, and Governor Magoon as rented, add in* that It is difficult to make any tropical rlimaie healthful for men from the tem perate rone. Ho Raid the authorities are also proceeding on the theory that malaria is spread *>y mosquitoes. Senator Morgan questioned the •witness closely concerning the origin of the yel low fever in Panama, himself insisting that the fever is native there. Governor Ma goon con tended that fever conditions there are better than formerly. Governor Magoon said the chief Justice of the canal zone was not a citizen of the United Ftates. and that the selection whs based on the precedents «stabliFhed In the Philippine Islands and Porto Rico. He saw no reason why such •n appointment could not properly be made. *««nator Knox questioned the Governor as to the truth of Poultney Bigelow's charges as to the Incapacity of the court, and Governor Magoon replied that the chief Justice had been for years chief Justice of the Panama Supreme Court and to an able lawyer. He also characterized Judges Collins and Gudger as good lawyers. Gudper Freaks Spanish and Collins French. He had heard many compliments for th*s court and no complaints. Under examination by Senator Morgan the question via* raised whether the courts, as con stituted by the Isthmian Canal Commission, could deny to an American citizen his Inherent right to ■ trial by Jury when charged with a capital offence. Judge Magocn said that pre sented ■ serious question. In a general discus sion of the subject Senator Knox said he- should not like to decide what the ruling of the United Htates Supreme Court would be in this matter. Jury trials are not had in the canal zone nor In the Philippines, and in the latter the Supreme t'ourt had upheld the system as applied to the trial of a native Filipino. Senator Knox said lie could not say what the decision would be if an American, Roing to possessions of the United Rates, were tried and convicted in like manner, governor Magoon paid that the apparent 40 I.rr cent profit made by this government through the purchase and use of Panaman stamps surcharged "Caiial Zon**"' would not pay the tost «>f the postal service in the zone. He iMHti that. legislation would be necessary to «djust many of the land titles in the zone. About half of the lands are claimed by private jiartie?. ««i- explanation given by Governor Magoon of the Interest the United States had in establishing th- Panama currency was that the use of American money doubled the price of everything, for the reason that the people wanted as many silver dollars worth 100 cents Rf they had received pesos worth SO cents for articles sold. I>iP.u««ijir <!)«» necessity for the coinage sys ten; end the agreement by which the United Mates if to maintain the parity and the floriated banks will supply silver to the commission. Governor Magoon said that the new Vm!£s7. '^ ■*"?" *? Popular that it was almost Immediately absorbed by commerce. Senator £££& •*«»«' the United State, should no. "Hablirti a Fub-treasury on the isthmus to ag 532JT ! | w »*r w! ««T *lr«r. Governor Magoon »"l'""l Hi.'t that chum be done, but that as rapidly «„ th« silver was shipped to the treasufy ■nd paid out it would diiuwwr and Lever come •met! that ihe people liked the money because Stt?£SSf! Jt drove out an other cir "That is about the most logical free silver gM exploited since Mr. rievoland"— - belan Senator Morgan. He ha 1 meant to »v Mr' began, and repeated "sii cc Mr l '' Vt ' " The rxarif, AiMn f <;ox - -n «ill Presumed"! ' M^y. N" EIGHT IIOVK DAY. I'Senale lief uses to Strike Out Pro timom to Enforce It on Canal TVa.liington. Feb. a—Almost the entire session of th' S^at- t-v-day w a » devoted to the consideration o. the l. rgrnt Deficiency bill. which was passed practically as it was reported from the Committee *>n .Appropriations. The only discussion la con nection with tlm bill »■« over an amendment sue- Felted by senator Patterson to strike out the pro ' vision relieving alien workmen on the canal from th« operations of th* Eight Hour lav. Senator Pat tereon contend*^ that to require men to labor more than eight l.our. a day Jn the tropics was in fcunian. and srsu^i that tl» requirements -«ould rto injustice to American labor. Several Senators MBUJta! mm ° f t !ie Ch * mb " contr °vcrted th« I . Th* amenamrnt vraa voted down without resort xr.r to a rollcaJl. At th beginning of the session Mr Foralcer p,a •ented an amendment to the Statehood bill direct- Inr Ui« method of pro,^d inc i., Arizona and New . Mexico on the Question of admission. It directs that within thirty day* after th- approval of th« statehood bin th« Ooverncrs of the , wo Territories •haJl respectively rail elections f v r submitting th «u«sUou of Joint Statehood la the voters of the •wo proposed States eeparat-ly. and that the union •ban not be consummated unless a majority of th« votes In each Territory are cast In the affirmative. YOUR AILMENT is NATURES REPROOF. To overcome that ailment You require Nature's Ai>Bi«tance« ENO'S •FRUIT SALT* Is Nature's Own Remedy. NO FAMILY SHOULD EVER BE WITHOUT IT CALTTION. — Entmine the Captvlr and trt that if it marked tSu 'fHLIT HALT.' othrncitt vsu have the tincerett form of flattery— lUITJMOS. Prepared only by J. C. ENO. Ltd. •FRUIT SALT* "WORKS. London, S.E.. Eng..by «J. C. ENO'S Patent. Wholesale of H(Mn. E. rOUOERA ft Co. ■ ». and 30 North WUllaa. btr«rt. New Tork " The Urgent Deficiency Appropriation Mil wai laid before the Senate and read at length. When the reading of the bill had been concluded Senator Patterson moved to strike out the provis ion removing the time limitation from the re quirements In the employment of alien laborers on the Panama Canal. lie spoke In support of the amendment, contending that the Inevitable effect would be to eliminate entirely the possibility of craplosing American labor on the canal. He said that with the time limitation removed from one class of labor on the canal others to whom the limitation did apply would not be employed. He thought that With improved sanitary conditions in Panama a large number of negro citizens of this country could find profitable employment there if the eight-hour law was enforced. He also thought that many American mechanic* would find em ployment In the canal tone. Mr. Hale said that it had been Impossible to get American negroes to go to Panama, to work. Mr. Money also opposed the amendment. He aia not believe that there would be any American labor there. "They won't live more than eight hours after arrival." he said, "when they are turn- Ing up a million germs with every spadeful of earth." "Work there, he eald, means death. "What it all means In plain, brutal English Is that there Is being prepared on the isthmus a slaughter house for aliens, and that the canal Is to be built at a fearful cost, not only of money but of life," responded Mr. Patterson. In persist ing in pressing the amendment upon the Senate. Mi. Gallinger called attention to the statement of the canal officials that sanitary condition* on the Isthmus were much improved, and Mr. Patter son replied that these statements did not corre spond -with the testimony given by Senators. He SSund in the bad sanitary condition alone he line of the canal the strongest reason for a limit on tne tl Mr°Tiifman also fook issue with Mr. Patterson Bay! kg that "when the Colorado Senator makes an appeal for alien labor, he would better look a. little closer home and consider the American laborer, who in the end must pay for building the. canal He made an appeal for a common sense course in dealing with the canal and for the exclusion of cant from the consideration of the question He thought Mr. Patterson was "conjuring up foblms which no one else can see." and said that the in terests of foreign laborers would bo protected t>j their own governments. Mr. Patterson replied that It was quite probable that the work would be done under contract, ren dering governmental Interference all the more dim cult He said this debate had had only the effect of confirming him In the opinion that there should be a limitation. "Even though It be called cant, he added. "i am willing to stand by the contention that the provision in the bill is inhuman toward alien labor and opposed to the interests of Amer ican labor." He added that If one-half that was promised in the way of sanitation on the line of the canal is to be realized many Americans would seek work there. He withdrew the amendment he had offered and offered another fixing the limit of a. day's labor on canal work at ten hours instead of C Mr. Simmons said that the testimony taken be fore the canal committee showed that fully 10 per cent of the Americans on the isthmus were em ployed in outdoor work, many of them being in charge of foreign workmen. He saw great difficulty in enforcing the eight hour law as to those men and not enforcing it as to the men of whom they have charge. He said that Mr. Wallace had taken this view. Mr. Slmms did not. however, advocate an eight-hour day lor the West Indian laborers employed on the canal. Mr. Hale said that the Secretary of War. Mr. Shonts and Mr. Stevens had taken a position op posed to that of Mr. Wallace. Mr. Allison appealed to the Senators to let the bill proceed to a. vote, saying that the difficulty could be remedied in a general bill on the canal ques tion He added that he would favor the eight-hour limitation on all labor In the canal zone. The amendment was lost. Mr. Tillman expressed dissatisfaction with the relationship between the Canal Commission and the Panama Railroad Com pany, and said he hoped the canal committee would find means of unifying the canal and the road. Mr. Hale agreed with the statement made by Mr. Tillman as to the desirability of doing away with the dual arrangement. The Mil was then passed, and at 8:08 p. m. the Senate went into executive session and adjourned at 2:15 p. m., until Monday. LIBRARY OF CONGRESS EXPENDITURES Caxe and Maintenance of Building and Grounds More Than for Capitol. Washington, F.;b. 9.— Expenditures by the Library or Congress were generally Investigated to-day by the sub-committee of the House Committee of Ap propriations, which is preparing the legislative bill, The annual cost of the care and mlntenance of the library building: and grounds Is $80,000, or nearly $?".<»" more than the cost for similar service in the Capitol, a much larger building. Superintendent Green, of the library buildings and grounds, was before the sub-committee much of the day, Mr. Green's salary for his services at tho library is $5,000 a year and he draws another government salary of $2,000 from the National Museum. Sev eral members of the sub-committee suggested that it might be well in reducing the expenses to begin with th« superintendent's salary, and said they be lieved an SI,9M) man would be fully competent to perform the services looked after by the superin tendent. The sub-committee has also gone Into the lists of persons employed as assistants to the librarian and I-ibrairian Putnam's statements have shown that Massachusetts has been drawn upon morn than any other part of the country for assistants and the South furnished only thirty-four out of a staff of more than three hundred. MANY PENSION BILLS PASSED. House Puts Through 429 in 72 Minutes- Philippine Tariff Amendments Adopted. Washington, Feb. The House to-day ground out its "rial semi-monthly grist of private pen sions, passing in seventy-two minutes, 429 bills for the benefit of veterans, who are barred for one reason or another from coming In under this gen eral statute. Seventy-five per cent of the benefi ciaries are either blind or bedridden. This order, •with a number of minor bills, and th« passage of two amendments to the Philippine Tariff act of 1905, constituted the transactions of the day. The tariff amendments place American cotton Roods on an equality, so far as the cost of produc tion is concerntd, with European goods. Low grades of shoes wer« .admitted at a lower tariff. The bill to amend the Philippine Tariff act was called up by Mr. Payne, of New-York, chairman of the Way» and Means Committee. He explained that th« bill related to cotton goods anil shoes; that the cotton goods amendment was made necessary because of a misapprehension which resulted in a discrimination against American-made goods in the tariff act of March 3, 1&03. The cotton manufact urers in this country, he said, make goods It inches wide. European manufacturers weave double this width nnd then cut the strip in the centre, thus sav ing half the cost. Thes<» goods are known in th* trade as "false selvage" goods, on which the rate is raised to the point which does away with the dis crimination against American goods. Low grade and children's shoes are placed in a lower class, making th* tariff less, as Mr. Payne stated, to encourage the wearing of shoes in the islands. No one wished to debate the bill, which passed without objection. At 2:28 o'clock the House adjourned until Mon day. TO REORGANIZE STATE DEPARTMENT Secretary Root Proposes to Put It on a Busi ness Basis — "Emergency Clerks." Washington, Feb. 9.--"The Post" to-day says that Secretary Hoot la about to reorganize the State Department and put it on a business basis. He will apply the same remedy to the consular service. Inefficient and incapacitated clerks are to be dismissed and a corps of active, alert and com petent clerks substituted. Rod tape is to be ruth lessly cut. and antiquated method* superseded by those more consistent with Mr. Root's notion of what a great department of the government should be. This plan of the Secretary of State was unfolded to the House sub-committee on the Legislative Appropriation bill at an executive session hearing yesterday. His ideas met with the cordial approval of the committee. Mr. Root told the sub-committee that he had detailed two of the best men In the department to study departmental methods. It was discovered by members for the first time that there was an emergency appropriation of $40,000 ap propriated year after year since the Spanish war from which "emergency clerks" had been paid. DELIVERY OF MAIL ON RURAL ROUTES. Washington. Feb. 9.— At the Postofllce Depart ment to-day it was stated that an erroneous Im pression seems to exist In some parts of th« coun try. particularly in Kansas, regarding the ocopo of the rural free delivery service. Although the Fourth Assistant Postmaster General has recom mended that mall matter be permitted to he ad dressed to rural boxes according to their numbers and not to any particular Individual, the same as in postofflcec. the Postmaster General has not is yet given his approval to the same, m not a few instance* tl.o proposition gave rise to complafn Yt being alleged that th« rural fireo delivery servir* would he utilized by large business tause? through out the country a*, on advertising medium to t!« disadvantage of the local merchants A- th« matter now BUnds unless mail is speciflcally ad l^ojggf *+*- on rural "rou"*'!, 1 StU TO CLUE A COLD IS ONE DAY Tl»kt LAXATIVE HKuMO Oulr'n- T,n.r. ?i refund monty if it rails to curt I W a«o?r?I« 1 ' 11 tf EW'YfmK DATLY TRTBFNE. SATURDAY, FEBRUARY 10, 1906. CUSTOM HOUSE fNQTTIRT RENTAL FROM CITY JUXK. Suher's Charges of "Outrage and Steal" Not Borne Out by Facts. [From Tli« Trlbun* Bureau.] ■Washington. Feb. 0.-At a hearing before the House Committee on Public Buildings ana Grounds to-day the Assistant Secretary of the Treasury. Horace A. Taylor, took considerable of the wind out of Congressman Sulzer'3 sails in regard to the charges made by him that the disposal of the old Custom House property In New-York to the National City Bank was an "outrage end a steal." The committee was In session to hear the facts In the case, in order intelligently to pass upon the resolution pre sented to the House by Mr. Sulzer, which called for Information as to when the deed for the sale wa3 executed, where it was deposited and why it had not been recorded in New-York County. Mr. Sulzer stated that the authorities In New- York have never been able to find out when the deed was executed or where it was deposited or any information concerning it. He also as- Bailed the Treasury ■ Department for the trans action, pronouncing it an "unspeakable outrage" on the government and on the city of New-York. He asserted that the property was worth $6,000, 000 when it was sold, and it worth $10,000,000 now. He said that the Custom House covered two large blocks, about 800 by 400 feet. Ho stated that more than $1,000,000 had already been paid to the National City Bank for rent. He further stated that not a dollar had been paid for the property by the National City Bank— that the transaction was simply a matter of bookkeeping, transferring the purchase price of $3,265,000 from one account to another. He declared that there ought to be an investigation by Congress of the whole affair. Mr. Taylor, replying in detail to the charges, said that, in the first place, no deed had ever been executed, so it could not be deposited any where and could not be recorded. The reason the deed had not been executed, continued Mr. Taylor, was because the property was not fully paid for. and under the contract the National City Bank was not compelled to make final pay ment and get the deed until the new Custom House was completed. Mr. Taylor showed by the records that the property, under an act of Congress, was offered at one time for $4,000,000. that $2,000 was spent in advertising to secure bidders and not a bid could be secured. He produced letters from a former Assistant Secretary of the Treasury under President Harrison and from an Acting Secretary of the Treasury under President Cleveland stating that it was doubtful whether the property could be sold for as much as $3,000,000. and suggesting that it would be un wise to place this limit In the bill, because If no bidders could be secured the sale could not be made. He also showed that under a second act of Congress, fixing the minimum price at $3,000, 000, the property was advertised in eleven leading New-York papers and efforts were made for months to secure bidders, and the highest bid of the three submitted was $3,265,000. or $265,000 above the amount fixed by Congress. He further showed that the government, in stead of having paid $1,000,000 in rentals, had paid less than one-half that sum. He showed that the eizo of the lot. instead of being two large blocks, was less than one-half of one. Mr. Suller had stated that the lot was SOO by 400 feet, making 320,000 square feet, while there are only 33 GOO square feet in it. or one-ninth the size given by Mr. Sulzer. In replying to tho charge that the National City Bank had not paid a. dollar for the property, but simply transferred the account on its books, he showed that tho full amount had been actually transferred to the credit of the government at the Sub-Treas ury in New- York, making a payment as com plete as though the actual currency had been paid over. Mr Taylor stated that the transaction con nected with the sale of the Custom House property was as clean and intelligent a transac tion as any ever made by a public officer; that more than $250,000 above the amount fixed by Congress was secured, and the money was turned over to the credit of the government, barring $80,000 still unpaid. The property was leased Just as Congress directed it should be. for 4 per cent on the amount of the purchase. He declared that It was remarkable that Mr. Gage the Secretary of the Treasury at tho time, should now be assailed for doing precisely what Congress authorized and directed that he should do. TEACH NAMES OF TREES. Forest Service to Aid Towns to Label Them. [From The Tribune Bureau. ] Washington. Feb. 9.— The Increased 'merest la forests and forest trees, which la a sign of the times, has, among other things, led many city and town officials to seek to make known the names of trees growing in streets and parks. Not only are such trees In many cases now without marks of Identification, but In m>t a few cases they have been labelled with Incorrect names. The Forest Service has devised plans by which Ha co-operation may be secured in correctly identifying the public tiees of any community which may care to call upon it. There are two ways in which assistance may be given. Where the work is on a large scale a repre sentative of tlio service will visit the town or city and Identify the trees by examination on the spot. In most cases, however. Identification by corre spondence will prove entirely adequate. This will require merely that Fpecimena of the trees be sent to the Forest Service, together with r rougu sample plat showing their location, the plat and specimen being numbered to correspond. For such Identification a full set of specimens, illustrating mature foliage, and, if possible, speci mens of the flowers and of the fruit ias the botanist calls the seeds) ehould be sent. Fruit specimens are very essential, but flowers may be omitted if they cannot be readily secured. Two or three specimens of branches in leaf. 10 to 13 inches long, taken from different parts of the crown, so as to exhibit all of the leaf forms common to the Bpecles, will answer for the foliage. One or two specimens of the foliage, flowers and fruit may be placed be tween sheet* of ordinary news or blotting paper about 12 by 10 inches In size. Thirty to fifty specimens and sheets may thus be piled one on top of another, and the whole bundle placed between two stiff pieces of mill board, pasteboard or thin picture backing, a little larger than the sheets of paper carrying the specimens. The package must then bo well tied and wrapped, when it may be sent by mail If under four pounds In weight. If, before sending the specimens are changed to dry sheets of paper once in twenty-four hours, keeping them constantly under a weight of from forty to fifty pounds, they can be thoroughly dried within two or three weeks, when they will not he so heavy and will still be- In excellent condition for identification Suggestions as to labels and their use aro also made by the service when requested. HAWAII'S STRATEGIC IMPORTANCE. Why Its Fortifications Should Be Im proved. Washington. Feb. 9.— Hawaii's Importance as a strategic point was emphasized by Repre sentative Hepburn, of lowa. In a speech to-day before the House Committee on Territories, which is conducting hearings on the bill to give Hawaii 75 per cent of its revenues and customs for use in public works. Mr. Hepburn Bald In his opinion no fleet could make a successful demonstration against the American Pacific coast without Hawaii as a. base for supplies He also spoke at length abrit the protection Hawaii offers the United B * ><* against disease and said that, after the Lou i a. Purchase Ha wall doubtless was the mo. i valuable aeuulsl tlon of the United States, and should be assisted In every way to develop Its resources and Im prove its schools, harbors and fortifications. A «;rAKA\TI.hI> CCU FOR Mi i Itching, Blind. UlepdltiK or Protru.llnc !■.! , v dnumt will rotund money if £azq ? oLntmfvt T°S r y> our* you In «tol* d^ 60* WA^ T^KNT talU MATE BILL DISCUSSED. Taken Up in Senate Committee — Majority Report for It Expected. Washington, Feb. 9.— The Senate Committee on Interstate Commerce to-day began consid eration of the Hepburn rate bill, which passed the House yesterday. This measure Is now made the basis of legislation and has been taken up section by section. To-day was devoted to the first section, which describes the kind of transportation to Vvhlch the act shall apply. There was a discussion In the committee as to whether express companies and Pullman cars are included In this section; also whether under the terms of the section railroads would not be compelled to transfer freight in transit at the option of the shipper. Several amendments were suggested to meet objections raised by different Senators. The committee will meet again to-morrow. It Is generally conceded that the Hepburn bill, with only fow modification!, will have a ma jority report when the committee votes next Friday. The amendments offered came from members of the committee believed to be opposed to the passage of the bill. None were offered by mem bers known to be friendly to the measure. Not one of the amendments was voted on to-day. It became evident In the discussion of the various amendments that the arrangements to discuss the bill next week would accomplish no Important res-ilt. bo great were the differences of the opponents and champions of the bill. Senators Clapp and Dolliver charged that the amendments were offered to obstruct the per fection of a bill that stands a good chance to become a law. Senator Aldrich replied that the amendments had been offered seriously, where upon Senator Clapp announced that he wou'd "waste no more time" in the consideration of a bill, but would be present to vote on the meas ure on February lb". He then left the commit tee room. After the departure of Senator Clapp Senator Dolliver took the committee to task for Its "levity" in considering railroad rate legislation. He called attention to the fact that the commit tee had been conducting hearings since last summer and had not arrived at any agreement. He charged that some members of the commit tee did not appear to desire 1 an agreement. Sen ator Aldrich objected to the charge that "lev ity" had been displayed and said he had been serious in everything he had offered. Warming up to the defence of his sincerity, he said that he would talk in any manner he pleased in dis cussing the proposed legislation and would not be called to account by Senator Dolliver. The lowa Senator, who is the particular champion of the Hepburn bill, with equal emphasis re plied that he, too, would choose his own lan guage and characterize as he chose the methods that he said had been resorted to. Chairman Elklns, who had taken part in the early dis pute, rapped for order, and a few minutes later the committee adjourned. MAY INQUIRE INTO PENNSYLVANIA ROAD Washington. Feb. 9.— Senator Tlllrnan will make an effort on Monday to secure an Investigation, on the lines of the GUlespi© resolution, relative to the combination of Eastern railroads under the man agement of the Pennsylvania Railroad Company. He says the letter written by Governor Dawson of West Virginia shows a Bltuatlon that needs aa In quiry. SMOOT TO PUT IN DEFENCE His Counsel Convinced That Wit nesses Arc Necessary. "Washington, Feb. o.— The Introduction of tes timony against Senator Reed Smoot, of Utah was closed by the protestants' counsel to-day. A. S. "Worthington, who represents the Senator, said he was not ready tr> proceed, but that he would communicate with Chairman Burrows within a few days. The character of the evi dence offered this session, said Mr. 'Worthing ton, had convinced him of the desirability of calling witnesses for the defence. With refer ence to the list of members of the Utah Con stitutional Convention, members of the legis lature and State officers charged with having been polygamists. Mr. 'Worthtngt.m said that it might be necessary to call from one hundred to two hundred witnesses to disprove the testimony of the prosecution, unless the committee per mitted the filing of affidavits. He Baid that Senator Sivmot was anxious that the case should be closed and that there should not be one day of avoidable delay. C. A- Smurthwaite, of Ogden. -was called for cross-examination to-day before the Committee on Privileges and Elections. The •witness said the usual course to settle difficulties between members of the church is to lay complaints with the teachers of the ward In which the ag grieved parties reside, and the bishop, after hearing the complaint, ordinarily instructs the teachers to do everything in their power to ad- Just tho differences. Mr. Worthlngton asked Mr. Smurthwaite if he had any reason to be lieve his trouble with President Smith over their rival salt Interests could not have been adjusted in tho same way. The witness replied: "Yes, my knowledge of the leaders of the church con vinced mo that was impossible." Senator Knox then inquired of the witness if the llormOQ First Presidency had followed up its threat to ruin him because he insisted upon continuing in the salt business. He said his company went on and made salt, but its com petitors reduced the price of crude salt from $8 to $li a ton. The witness said his company had been compelled to pile up its production. The effect, he -said, was to Injure his credit and de preciate the value of the stock of his company. After explaining the tithing system of the Mormon Church, Mr. Smurthwaite was asked if the tithes wero invested in corporations. "1 am fearful that tuey are," he replied. Ha esti mated that tithing brought the church a reve nue of from $1,5<.M».0u0 to $'2,000,000 a year, but no accounting had been made, so far as he knew. The protestants* counsel then announced that their case was closed. PHILIPPINE TARIFF QUESTION. Secretary Taft's Views Regarding Tobacco and Sugar in Bond. Washington. Feb. 9.-Secretary Tart resumed his discussion of Philippine tobacco before the Senate Committee on the Philippines to-day. He expressed the opinion that the United States probably -would not suffer any reduction In tariff Income from Philippine products under the proposed Philippine Tariff act. a, the Increase In the amount of Insular products sent to this country at lower tariff rate* would compensate for the decrease in duty Discussing the provision of the bill relating to Philippine sugar now In bond In this country Sec retary Taft explained that Smith Dell & Co an English corporation in business ! n Manila "own sugar In bond upon which they must pay additional duty aggregating $400,000 If their sugar Is not per mitted to be taken out of bond at the reduced tariff rate proposed by the bilL The Secretary of Wir said the English firms In this country are oloV^v linked with those of the Islands, and he adCi«X that the sugar in bond be admitted at the lo w er The . Secretary argued that limitations on the methods of production in the Philippines would in sure for many years protection of the tobacco and beet sugar Interests of this country. ODacco an Beet sugar men will be heard on Monday and Tuesday, and Mr. Tuft will return on Wednesday of next week. Senator Hale gave notice that he de sired to examine the Secretary at that time. MUZZLE OF 12-INCH GUN BLOWN OFF. Washington. Feb. 9.-A telephone message re ceived at th« Navy Department states thai an accident occurred at the naval proving ground, at Indian Head. th! morning, by which a part of the muzzle of a 12-lnch gun was blown off. The gun has been usM in various kinds of experimental work and already l,ad fir, a a kir-e , rVumblr of rounds. A lthoußh ni,oes of the in zrlo wer" blown tea .• •.'ij.l.ierat.ie dbtaace, no on* «a» inliwl auS *Krr TV 111 " " f i MUfc """M^rlt »>..! Mr I.ongworth MATER LIKES RE POET. Xerc-York Life A'otc Looking for Haw il ton's Property. Pending: the decision of th« question of apply ing for Andrew Hamilton's extradition should he persist In remaining abroad, the New- York Life has begun an Inquiry Into the amount of proyerty owned by him in this country, and any attempt by Mr. Hamilton to dispose of it will be frustrated. It was reported last night that Mr. Hamilton Is now under constant surveillance. The com pany's attitude toward him was itrer.sthened yesterday by Attorney Genera! Mayer. »who «al<l significantly: The character of the report of the Fowler committee for thoroughness and candor Is most encouraging, and indicates the good faith of that committee. "Have you arrived at any conclusion as to political contributions?" the Attorney General was asked. "Yes," replied Mr. Mayer. "After studying the legal propositions Involved, I am convlncad that tho courts will hold that payment of po litical contributions was unauthorized and In violation of law. I have no reason to be-llev« that a contrary view Is entertained by the- In vestigating committees of th« insurance com panies. ** "Does this also apply to legal expenses not accounted for?" "Yes,"* said the Attorn ay Gen eral. It Is understood that th« Nffw-York Lif« Is besinnlngr suita in pursuance of the Fowler re port. The possibility of the Attorney General begin ning suit hinges on the practical result of th« company's impending action. It Is known that Mr. Mayer has confidence In the Fowler commit tee and Its counsel. Nona the less a situation may arise -wherein Mr. Mayer will ask the courts to fix the liability of directors for any moneys not recovered In these suits. This, however, ia not expected yet. A cable message. It Is said, was sent to Mr. Hamilton yesterday summarizing the Fowler committee's report. It is believed that up to last night the opportunity -aras atill open to Mr. Hamilton to return to this country of his o^vn volition. Friends of ex-President McCall seem to realize that Mr. McCall's further liability depends large- Iy on Mr. Hamilton's accounting- District Attorney Jerome departed yesterday to spend the waek-end at his country home at Lakeville. Conn. So far as could be learned, Mr. Jerome before his departure neither ajked nor received a copy of the Fowler report. It la not believed that Mr. Hamilton has suffi cient property hero to liquidate any Judgment obtained against him in a civil suit. The printed report that any suit will be besrun In the French courts against Mr. Hamilton Is dismissed as ab surd. Despite the persistent revival of the rumor of dissension In the Mutual Life's Traesdala com mittee, Charles A. Peabody. president of the company. 6ent word by Charles H. Warren that he had heard nothing of any such trouble. Ha added that the company's officials were assisting the committee in every possible way. Pbltcyholder9 In the New-York Life are not entitled to see the company's liata. according to a decision, handed down yesterday by the Appel late Division of the Supreme Court, In tfce Ven ner case. The decision reverses the order of Justice Greenbaum, granting a peremptory writ of mandamus compelling the company to permit the Inspection of its records ao that C. H. Ven ner and the other petitioners may obtain the names and addresses of the company's policy holders. Justice Clarke, who writes the opinion, says that the lower court's action In granting the order was Improper. Justices Ingraham and Laughlln concur. Justice Houghton dissents. The following reference to C. H. Venner Is made In the opinion: It is further alleged that the p«titioner, Ven ner. Is notoriously a professional litigant, and is well and widely known for acquiring small in terests to create controversies to obstruct the consummation of Important corporate transac tions, and there are incorporated extracts from various judicial records and published opinions of various States and federal courts tending to establish that allegation. Justice Clarke's opinion declares that there Is no statute "authorizing the Inspection here de manded." The opinion declares that Mr. Venner Is not a stockholder and has not stockholder's rights. The opinion adds that the company's card in dex contains much Information to which the petitioner Is not entitled, and that the posses sion of the 750.000 names and addresses "might be a most valuable asset in unscrupulous hands." FEDERAL CONTROL OF INSURANCE. Judiciary Committee of House Inquiring as to Power of Congress. Washington, Feb. ft— Acting under instructions of the House, the Judiciary Committee to-day began an Investigation In order that It may report whether or not Congress has tha power to provide for federal control of Insurance. That this authority does exist was maintained by K. W. Breckenridge. of Omaha, chairman of the insurance committee of the American Bar Asso ciation. At the August meeting of this associa tion, at Narragansett Pier, Mr. Breckenridga made a motion to have his committee Instructed by the association to prepare a bill providing such control. The opposite view of the question was presented to the committee by George "Whitlock. of Baltimore. The Bar Association, by a vote of 113 to X). sent to Its Insurance committeo for consideration a resolution declar ing federal control of Insurance illegal and un constitutional under the decisions of the Su preme Court of the United States. Mr. Whitlock, was the author of that resolu tion, and presented that view to-day. Mr. Breckenridge presented statistics to chow that the Insurance business was national and not local in character. Of twenty of the largest life insurance companies, he said, only 15 per cent of their business was done in the States wherein they were chartered. Mr. Breckemridge read decisions by the Su preme Court from which he drew the conclusion that the doctrine had been laid down that tha court was not bound by the precedent of rre vioua decisions on constitutional question* and suegested the decision on the income tax oaia was contrary to previous decisions. Hs also cited the ca.se> of Carroll against Greenwich, de cided in 1905. by tha Supreme Court, In which fire Insurance was held to be commerce. Mr Whitlock contended that the American Bar Association had not committed itself on th« question, and that if the Supreme Court haj ever established any doctrine it was that Insur ance was not commerce. Three chief Justice* "Errands to go Through slush and snow 7" Why not Telephone? Rates are tow. MEW YORK TELEPHONE CO. 15 Dmy Mtrmmi dtutf&rtf 1 QUALITY |iriAvoft. r otucious CANDIES. FANCY BOXES. BASKETS \ Ml\TinF« sinxHif torn ci-tv , lltJ OUR ICE CREAM SODA AND OTHER FOINTALN DRINKS ARE UNEQUALLED. 363--4«9- IS BWHfIMY. HUIWRT VTinn. new io«k. **»;'«■ •36-7 AND «m rviTOs SX Bsocsax r\sva SETT evnrrtinE BY MAIL 03 EXPSESS MRS. WINSLOWS SOOTHING SYRTT^ has been u«««i for ov«r SIXTY TEaph k. v.. DIARRHCEA. Sold by «"^u to ,v^ 2£S *^ world. !!• «ur« an.l aak for 7^ * wt •* tU MKS. UIVSIotTfI SOOTH! M. YBr » AND TAKE NO OTHER KINDi ' Twenty-BTve Cents a Bottla. BRUMMELI'S |f. w CELEBRATED^ JJ COUGH DROPS] Sure Core for All Throat Troubles. Keep a box them in the house. SoW Everyv&ere. HIND AT SERTICBS AT VAKlOti . UCRr^ Tb« Tribune pahllshe* «eh Saturday .-,.,---. meat* of the various churrhen, wttn a*axr of a-»«i*iiL BDd topic of *«ruioa. Consult th**« LiTrrtuiT^! to-day under h-jk'.int of Isio.i. \,r l <•»«.■• ■"*• and twenty associate Justices, h* said, had all gone on record to that effect. J. A. M'CALL RESTING COMTOBTABLT, Physicians Find Condition Not Alarsmi^-. Attribute Illness Chiefly to Worry. ■Lakewood, N. J., Feb. 9 (Special)— of aw. sages inquiring as to the condition of John a. 3l> Call were received by Mrs. Me Call at th« l4Q«t House to-day. Nearly all were from business -tii dates of. Mr. McCall in New- York. To all tnquMai : Mrs. McCall returned the same answer: "Mr. McCall Is resting very comfortably to-4aj^ Mrs. McCall is assiduously guarding her husband from the- Intrusion of matters that relate in any way to his business affairs. The Mc<JaUs an , occupying a suite of ten rooms on the second tat of the hotel. Dr. Paul T. Klmball visited Mr. McCall tut:? breakfast this morning. The patient passed a Tsry restless night, but the physician found riothJaf alarming about his condition. Dr. Vancierpool, of New- York, who Is expected her* to-night, called m early to Inquire how Mr. Mci "all had slept, ad afterward talked with Dr. Kimball about the cam John C. McCall arrived here this afternoon, ut Judg» Edward C. McCall and wife are expected to morrow morning. Judge and Mrs. McCall Imm made regular visits each week since Mr. XeGnl has been here, coming down on Saturday aad it maining over Sunday. It Is the constant effort at the members of his family to keep his mind fram reverting to his troubles. "While it ii true that ha la suffering from liver trouble, it is evident to SU friends as well as his physicians that hid preaat condition Is due- almost entirely to worry. T. W. LAWSON SEES SEN. LA FOLLETTE. ■Washington. Feb. ».— Thomas "W. Lawson. of Be* ton. was at the Capitol to-day. He cam* to || Senate wing first and then went to the Houam see Representative McCall, of Massachusetts. -Mr. Lawson was the- guest of Mr. McCaß at luncheon at th« Capitol, at which. Speaker Camm and Representatives Williams, of Misssss!p#; Smith, of Michigan, and LUtlefleia. of Mains. war* other guests. Mr. Lawson had a. conference with Senator La Follette. of Wisconsin, in the afternoon. Tt* Sen ator is a member of the insurance committee which Mr. Lawson organized last sum me* and th« coa« ference was In relation to Insurance affairs. TITLE LIFE PRESERVERS. Experiments Show They Will Support Double the "Weight of Human. Body. "Washington, Feb. The serviceability of Mi Ufa preservers forma the subject of a special » port to Secretary Metcalf of the Department of Commerce and Labor, by Supervising TmuwMi Bermingham, of the Pacific Coast district. mate public to-day. The- report Is regarded as sjedillj significant at this time in view of tie alkptto* made that the Tula life preservers or. txati tia Valencia, recently wrecked on the coast of TTu^u lneton. were of Insufficient buoyancy, and !«•• tlcally worthless. Before the Valencia <!!■■*• Secretary Metcalf called for the report, wiilefc ti baaed on those made by Rear Admiral Xs=;i It was demonstrated that Ufa preservers mad* el this material, and weighing: three pound* •*» capable of sustaining twenty-seven pound* of MM for more than ninety days. Ths esperimeo: ••• conducted with preservers having their ends wir*i and with the end* unbound, but dipped in paEi2S» paint. The best results were obtained fiWB •• latter. The report states that a-< th-» weight fl<*» human body in water averages twelve pound* •• tests show that Tula life preservers are I *!* BUStalnln|r more than double that waxht ™*5 Ject of life preservers aboard the valencm wu com» in for particular attention by tin j;»a»» committee, which will investigate the disaster. BEAVERS'S TRIAL GOES OVER. Washlaston. Feb. -The trial d G«on» *• Beavers, former Stat* Senator George Great * Binghamton. N. V., and W. P. Coremus, on I* dlctments alleging fraud in connection witlx ti« letting of postal contracts, which wassetftrl*** day next, has been postponed until th» fellows* Monday. Thia action was made necessary & rs *! son of the fact that A. 8. Wo r . r: : n'.on, of °— 15 in the cases, will bo unable to eoncluda >■»"» before the Senator Smoot lnv«sUsation cots— until a week hence. X the: I VERDICT I WL of ml The DEATH-KNELL CLUB. "Rotten"— "The worst ever "— ■■• 01 Smoky enough" — 'Too smoky, . etc. th. DEW-BALL CLUB. "Fine"— "A ftrst-dass Scotch" — " Mellow and Smooth " — " Can't get enough," etc. 1 Which club do YOU belonsto? ■ Have you tried I SANDERSON'S | •' MOUNTAIN DEW " Scotch ? I