New-York tribune. [volume], May 19, 1906, Image 1

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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ft 01 * LXVI.../N 0 21,734
CAUGHT IN COLLAPSE,
fKBSBYTEKIANS INJURED.
platform Breaks Under Weight of
Assembly Commissioners. •
pee sioteea. lowa, May 18.— cnmmtsslon
crsßf to the Presbyterian General Assembly
tart this afternoon by the collapse of a
g^a which had been erected for grouping the
<cfflja jslonerß tot a large photograph. The
*£fU» the Rbv - TT. C.. Tat*. X. M.; tack bruised.
t»»VE> C* R«v. W. <X. Monongh. W. Va.; hip braised.
rngg^SS. Pr C. RoewrtJ. N. at; hip bruised.
M-OArcTREfT. th» Ew. J. M.. Charlton. lowa.; leg
«pt»Sa*4
wnl£. Georr«. Mendrta. 111. : tack Injured and rendered
ten? o1 *' I **' uncoßßdou*.
Tbe Bey. Dr. David is the most seriously hurt,
did If under a physician's care to-night, al
thongh his injuries are not critical. The other
four injured men will be able to resume their
gests to the Assembly to-morrow.
There were several hundred men on the plat
fora when it fell.
CHINESE LEGAL REFORM.
3/r. Wu, Asks Jury Trials, Native
Lawyers and Electrocution.
Peking, May 18.— Wu-Tlng-fang, the former
Chinese Minister at Washington, to whom the
task of codifying the laws was intrusted, is
memorializing the throne for jury trials, for
penr.lssion for native lawyers to practise be
fore the courts and for the electrocution instead
cf the decapitation of criminals condemned to
death.
CUBAN LIBERAL THREAT.
Manifesto Urges Citizens to Refuse
to Obeu Laws.
Havana, May 18. — On the even of Indepen
ier.-p Day, May 20, which also will he the occa
eior. of President Palma's second inauguration,
the Lireral party has issued a manifesto charg
ing that all the members of Congress who did
not hold over were elected by coercion, fraud
and force after the Liberal party, which com
prisßfl a majority of the citizens of Cuba, had
been compelled to abandon the campaign.
The manifesto says that therefore all laws or
decrees promulgated after that date will not
be binding upon honest citizens who know their
rights; if they obey, it will be from prudence
oiiiy. which will constitute an act of humilia
tion. The manifesto further says that patriotism
and prid<; justify refusal to obey. The docu
rr.er.t also states that the Liberal party will not
dissolve, but will make a campaign for the res
toration of constitutional rights, and that, not
ed by obstacles and without fear of per
■ecutlon, tt»e party will collect forces to over
:.terferes with the march of the
republic to conditions of strict compliance with
the uausUtut
While the lacgu&ge of the document is fiery,
r.o resistant c to the authority of the Executive
or of Congress is anticipated.
WALL STREET MEN STUNG.
This Time by Busy Bees, Not Bulls
and Bears.
A ■nail arm yof Russian bees, twelve thou
eaad strong, buzzed into lower Cortland street
yesterday afternoon from a dozen hives in
■which they were supposed to be imprisoned,
like all invaders they swooped down unmerci
fully on the unsuspecting and left unpleasant
memories behind them. Business men were
Stung from Broadway to the North River. When
the invaders were finally routed, shopkeepers
and policemen compared and agreed that the
ctir.e of a Russian bee is worse than teeth pull
lag by the painless method.
The bees were on a cart In transit from Ja
maica, Long Island, to Jersey apiaries. When
they "had given a few examples of their sting
they were easily Induced to flock about a chim
r.ey, where an apiarist expects to hive them to
day.
STREET FIGHT AVERTED.
Infantrymen and Hoodlums Start
Riot at the Battery.
There was trouble last night near the govern
ment landing at the Battery between soldiers
ted the Lower Washington Street and the Broad
eireet gangs of hoodlums, which nearly became
c. battle with stones and clubs. It was ended by
a policeman, who struck a soldier on the head
With his nightstick, and Major Freemont, who
arrived from Governor's Island and rounded up
Mmc sixty soldier?, who were sent back to the
island on the steaner Hancock.
For some nights there has been bad blood be
tween the soldiers and the hoodlums and small
fights have taken place. The soldiers say that
they are insulted when in Battery Park or
Lower Washington street, and members of the
"Washington street gang gay the soldiers take
their sisters and sweethearts. Night before last
a battle raged for a few minutes between the
actions and a soldier had his Jaw fractured.
last night about 9 o'clock some one hundred
and fifty soldiers assembled near the Barge Of
fice, and many of the two gangs gathered in
email groups in Battery Park near by. Many
were seen to pick up stones from a pile near
the landing as they strolled about, and, as a
battle seemed imminent, some one telephoned
for a policeman, as none was in sight. Police
man Underwood, who was on post, soon came
along, and in a few minutes another came from
the Church street elation. They were later fol
lowed by six reserves.
Private Ross and Sergeant Tolby, of Company
B, sth Infantry, paid later that they were ap
proaching the Governor's Island ferry entrance
when Policeman Woodward camo along, and,
fcfter an argument, hit Ross on the head with
his night sticky knocking him down. Then. Ross
Eay.«, Woodward kicked him. The arrival of
Major Tremont and a detail of armed men from
the Island prevented further trouble, the soldiers
Eca.ltering.
Woodward acknowledged striking Boss, but
excused his action by saying that Ross had fol
lowed and insulted two women.
On Tuesday night Private Ayres. of Company
I». wajs assaulted In Battery Park by an un
fcnown man, said to belong to the Washington
street gars.
I T
MAYOR AGAIN VETOES CLAIM BILL.
Mayor McClellan yesterday vetoed, for the
£*con<j time, a bill Introduced for Nelson J.
■Water-bury. Jr., and passed by the Legislature.
Mr. Waterbury was dissatisfied with an award
ra&iie to him an as assessment commissioner,
find had the bill passed to enable the city to
reaudlt hla claim and pay him the increased
•nwmni.
SPECIAL SATURDAY HUDSON RIVER
_, TRAIN.
first trip to-day, leaving Grand Central Station
m liO p. m. stops at all Important stations to ai-
T&-C&T, fair.
To-morrow, •bowers and cooler.
FOREST FIRES RAGING IN WESTERN STATIC.
MICHIGAN TOWNS WIPED OUT— STANLEY, WIS,, 7.V
FLAMES— GREAT DAMAGE THREATENED.
IBy Telegraph to The Tribune.]
Milwaukee, May 18.— Advices received from
Northern Michigan up to 11 o'clock to-night In
dicate that the worst forest fire since Phillips
was destroyed, In 1894, is raging In the upper
peninsula of Michigan.
The latest advices are that a tract thirty
miles square, Including the northern half of
Menominee County, the eastern part of Dickin
son County and the western part of Delta
County has been devastated. Six villages are
reported destroyed and the loss of life is be
lieved to be heavy.
Efforts made to obtain details of the confla
gration proved almost unavailing, inasmuch as
all telegraph and telephone communication with
the fire swept district has been destroyed. Es
canaba. Delta County, which telegraphed the
first news of the fire, has been isolated. Iron
Mountain, the centre of the great Menominee
Range iron district, the county seat of Dickin
son County, has been cut off.
A dispatch from Marinette at 10:45 p. m. an
nounced that the town of Qulnnesee, the head
quarters of a big paper mill company and the
WILL FIGHT ONE OR TWO
Greek Publisher, Aggrieved at
Charges, Issues Sweeping Defiance.
A conflict, almost Homeric, is impending in
Greenwich street. John Mpouras. more gener
ally known as John Booras, the president of the
company publishing "Thermopylae," has chal
lenged both Demetrius J. Vlasto. the manager
of "Atlantis." and Socrates Xanthakes, one of
its editors, to meet him in combat, singly or
together.
This challenge was printed Wednesday in
"Thermopylae." In his double leaded defiance
Mr. Booras declared that both Vlasto and
Xanthakes had said awful things in "an en
deavor to work injury to my honored name."
Then followed the challenge to fight with Nat
ure's weapons "in any hall outside the Juris
diction of New York."
Whether the ancient cestus will be used, or
the eight-ounce glove allowed by the present
bnxing law, or bare knuckles, has not yet been
decided. In fact, neither Mr. Vlasto nor Mr.
Xanthakes has made any reply, although the
belligerent Mr. Bnoras has offered to devote the
proceeds of the encounter to the upbuilding of
the Greek navy.
The whole affair grew out of the dinner with
which the Greek colony celebrated Greek inde
pendence, on March 25. Booras got up the din
ner, r.nd "Atlantis," its editors not having
thought of it first, frowned upon it. Then, when
the thing proved a decided success, the paper
noriced it enthusiastically. The dinner netted
ab-»uT tiM. which was to so to the support of
the Macedonian "patriots." They have not yet
received the money, and the editors challenged
asserted that the delivery of the money was
delayed too long.
In response "Thermopylae," otherwise Mr.
Booras, published a long account of the diffi
culties attending a prompt rendering of the ac
counts of the dinner. Then followed the attack
upon Mr. Booras, which preceded his challenge
to his opponents.
Mr. Booras last night was very much In se
clusion. The offices of "Thermopylae" are at
No. 108 Greenwich street, but he was not there.
With his brother he has a little restaurant at
No. 5 Battery Place, but he was not there.
Neither was he in a little butcher shop at No.
Ihi Washington street, which is another of his
haunts. A man who looked exceedingly like the
editor was in the store above, where the Syrian
B get their supply of particularly loud
ticking watches, but he denied being Mr. Booras,
and the friendly bystanders corroborated him.
The anonymous person, however, was exceeding
ly loquacious when it came to describing the
perfidy of the opponents of the heroic Booras.
Mr. Vlasto lives in the Oxford Hotel, in 58th
street. He was not to be found either there or
at Delmonlco's, where he spends a good deal of
his time.
ANGLO-RUSSIAN TERMS.
A Definite Compact on Points at
Issue Reported Arranged.
London, May 19. — "The Standard" this morn-
Ing, In the course of a long article dealing with
the progress of negotiations for an Anglo-Rus
sian understanding, says the execution of a
definite compact may confidently be expected,
and congratulates Sir Edward Grey and the
government on this memorable diplomatic
achievement.
"The Daily Telegraph" this morning says that
the British channel fleet, consisting of sixteen
battleships, will visit Cronstadt probably at
the end of July.
i » \ : »
TELLS TALES ON BOWIE.
Orgies at Summer Home of "First
Apostle" Says Manager.
[By Telegraph to The Tribune. ]
Chicago, May 18.— Revelries at sunrise prayer
meetings and orgies in and about the grounds
of Ben MacDhu!, the summer homo of John
Alexander Dowie at White Lake, Mich., are
charged against the "First Apostle" by John Jen
sen, a former Dowieite, for two years general
manager of the summer estate. Jensen lefe hero
with his wife to-day for his former home in
Millbrook, N. V.. but before going he made
charges against the deposed prophet of Zion
City. He said that last summer there were many
scandals at Dowle'a summer home. He said that
"the old schemer while at the summer home
seemed to live to kiss and embrace the pretty
, females of the white robed choir." Jensen said:
Many mornings sunrise prayer meetings were
held, but only Dowie and selected pretty girls
were there. One morning I saw Dow Jo and a
woman not bis wif.* railing away in a boat. I
followed them, but the details of what I saw I
will not relate. The same kind of orgies went'
on in the house.
Jensen says that he had previously threatened
to expose Dowie, but that he was restrained by
deacons and elders of the church,
i •
THE WOLVERINE
Ip a f.::e train for Detroit, Grand Rapids. Saglraw
?r.d Chicago. Leaving New* York at 4:30 p. m. dally
you r<aeh Detroit next moraine and Grand Rapids,
Saglruiw or Chicago next afternoon via New York
Central Lines— AdvL
NEW-YORK. SATrUDAY. MAY 19. 1906. -SIXTEEN PAGES.-^S^SSW
famous Iron mine, to in flames. Qutnneeee to
only five miles from Iron Mountain.
The only hope of preventing a frightful less)
of life in the afflicted district 1b contained in a
telephone message from Marinette at 11 o'clock,
saying that a light rain is falling; there and that
the wind eeems to have died down. This may
prevent the spread of the flames.
Menominee, Mich.. May 18.— Forest fires are
raging to-night In Menominee County and have
already done much damage. Talbot, with three
hundred population, twonty-flve miles north of
here, was wiped out this evening. Several other
villages, many farm buildings and large stocks
of lumber are in danger.
The Menominee Fire Department has been
calfed on.
Milwaukee, Wis.. May 18.— Extensive forest
fires are reported In Northern Wisconsin. Stan
ley, in Cbippewa County, a city of five thousand
inhabitants, is in flames. Auburndnle, in Wood
County, was swept by a fire which started in a
lumber yard, destroying property valued at
$100,000.
BISHOP'S NAME FOEGED.
Clerk Charged with Obtaining Large
Sum on False Paper.
[By T>V S raph ti Tho Tribune!
Trenton. May IS.— While acting: in the capacity
of clerk to Bishop James A. McFaul. George A.
Powers, it is charged, obtained about $10,000 on
notes bearing the forged signatures of the
bishop and of Powers's brother, the Rev. James
B. Powers, the bishop's secretary. The Trenton
Trust and Safe Deposit Company holds two of
the notes, one being for $7,300 and the other
for $300.
The Indorsements of Bishop McFaul and
Father Powers have been repudiated as false.
The imitation of the bishop's signature, however,
has been pronounced exceptionally good. The dis
covery that the notes were spurious was made
about a month ago. The case was laid before
the grand jury, and it was through a report
that an indictment had been found to-day that
the story became public.
Powers was dismissed from his place as
clerk to the bishop two years ago. Powers got
the trust company to discount a note for $2,000
This had the alleged indorsement of Bishop Mc-
Faul and Father Powers. When the note be
came due it is said that Po-wers discounted a
similar note for $3,500. with the proceeds of
which he took up the original note, and that last
summer he succeeded In bringing the indebted
ness to the bank on spurious paper up to $7,600,
subsequently reducing the note to $7,300, and
that later he presented a note for $300 with the
n<imes of Blshot, McFaui and Father PowejNp 1
upon it.
Several other notes, It Is said, were nego
tiated through other banks, but most of these
have been taken, care of; among these was one
for $700, which was discounted in the Mechanics"
National Bank, where Powers subsequently of
fered a note for $1,700. This created suspicion,
and an investigation showed that the signatures
were forged. The 11,700 note was cared for by
Powers's friends. Further inquiry disclosed
that a note for $550, alleged to have been made
by Walter H. Rickey, a steamship agent, and
containing the spurious indorsements of Bishop
McFaul and Father Powers, bad been discounted
by Powers at the First National Bank. This
note was also taken care of.
Powers has been absent from the city some
days, but it was reported to-day that he mar
ried in Philadelphia last night a young woman
to whom he had been paying attention. This
report, although vouched for by some of Pow
ers's friends, lacks positive confirmation. Re
cently he has been engaged in the steam laun
dry business. During the last week a number
of suits have been started against him and sev
eral Judgments have been entered.
MRS. H. GOULD IN BALLOON
A merican-British-French Ascensions
at Wandsworth.
London, May 18.— The "aero entente" between
America, France and England was celebrated
this afternoon, when Mrs. Howard Gould, of
New York, made her first ascent In the balloon,
Dolce Far Niente, belonging to Frank Butler,
who with Liord Royston and Professor Hunting
don, accompanied her. The second balloon, the
Aero Club's No. 2, took C. F. Pollock, the Hon.
Mr. and Mrs. Harbord. Count Biron, of the Aero
Club of France, and W. Hall, of the Aero Club
of America, The ascent was made from Wands
worth. Howard Gould and his Eister, the
Countess Castellane, followed the balloons'
course In the Hon. Mr. Rolls's motor car. Be
fore starting, Mrs. Gould Jokingly remarked to
her husband and sister-in-law. "Well, goodby,
in case I don't see you again. See that I ana
picked up and sent bank to New York."
The parties had pleasant trips. The Dolce
F;ir Niente descended at Sunbury, after passing
Richmond and Kempt on Park, and the No. 2 de
scended on Cobham Common.
Mrs. Gould expressed great pleasure with her
experience, but regretted there was not more
wind in which to make a longer trip. She
wished Mr. Butler to take her on a future ascen
sion on a windy day, so she could get out of
sight.
Mr. Gould had iin exciting chase, arriving at
Sunbuiy almost simultaneously with his wife's
descent. The party returned to town in motor
cars.
REBELS RETAKE SANAA.
Another Attempt to Throw Of Rule
of Ottoman Empire.
London. May 10— A dispatch from Port Said
on May 18 to "The Daily Mail" reports that the
Yemen rebels have reoocupied the principal
fortress at Sunaa, repudiated allegiance to the
Sultan and formed their own government.
"LINE BUSY, CALL AGAIN," SAY BEES.
Linemen of the New York and New Jersey
Telephone Company were surprised yesterday
on opening a box at the top of a pole at Main
street and Woodbury avenue. Jamaica. Long
Island, to flnd a swarm of bees comfortably
hived there For some days the central on that
division had been annoyed by buzzing on the
line that they could not explain. The bees re
: the interference of the linemen, and, de
spite efforts made to dislodge them, stuck to
their new hive.
N.Y.U.TOBUY BIG TRACT
PLOT SOUTH OF CAMPUS.
Purchase from Schwab Estate Will
Believe Dormitory Congestion.
The council of New York University, It wu
learned yesterday, has authorized the purchase
of a tract of land adjoining the campus on the
south, which will double the size of the campus.
The property to be purchased Is Included in the
Schwab estate, and includes about thirty acres.
On it are two large houses which, it is under
stood, will be turned Into dormitories for the
Immediate relief of the congestion in the exist
ing dormitories. Gould and Butler halls, which
were not large enough to accommodate all the
applicants last year.
With the addition of this large piece of prop
erty to its campus, the university will not only
provide itself with land sufficient to meet all
possible needs for new buildings for many years,
but will protect itself on the south, as it is al
ready protected on all other sides of the campus,
from the possibility of undesirable neighbors.
In view of the experience of Columbia, which,
less than twenty years after its removal to
Momlngside Heights. Is completely hemmed in
by city buildings, the policy of New York Uni
versity in concentrating its purchasing capacity
on land is considered a wise one.
The campus at University Heights will be one
of the largest in the country if the whole of the
new property is added to the present campus,
but information as to the Intention on this point
has not been given. The heirs of the Schwab
estate have been in negotiations with the uni
versity before, but the council of the university
has never heretofore taken the matter very seri
ously, it is believed that the great building
activity recently shown in the neighborhood of
the campus, and the probability of a great rise
in prices when the rapid transit improvements
now under way are completed, have induced
the authorities of the college to make the pur
chase before the rise in values should make the
price prohibitive.
It is certain that the new dormitories to be
added by this transaction will fail to satisfy
the demand for accommodations. The subway
to the University Heights station, directly op
posite the campus, will soon be in operation,
and work is nearing completion on the new
Fordham Heights bridge, which will bring the
subway within a five-minute walk. In addition
to this, the New York Central Is building a new
station at University Heights, and the Inter
borough company is completing a surface line
on the east side of the campus. With these
added transit facilities, the next few years will
probably see a large increase In the registration
of new students.
TOWN OF COBALT BURNED.
Mining Centre Reported Destroyed
— Several Lives Lost.
North Bay, Ont., May 18.— A report had
reached here that the town of Cobalt, one of the
mining centres In New Ontario, has been com
pletely destroyed by fire. It is also reported that
several people have been killed by an explosion.
KICKS MAN FROM NOOSE.
Horse . Saves Would-be Suicide—
Drives Him Through Barn.
[By Telegraph to The Tribune.]
Plttsburg, May 18.— John Devenny, who has
lost money in mining stock, has a heap of
horse sense now, but It had to be kicked into
him. When he tried to commit suicide Bill, his
old horse, which he raised from a colt, went to
the rescue, and to-night Devenny owes his life
to old Bill.
Devenny lives near IXiquesne. Yesterday.
| anxious to rid himself of his mining stock and
other troubles, he went to the barn to commit
suicide. He tied one end of a halter rope about
his neck and the other around an overhead
beam. Everything fixed, he stepped off a bushel
measure and swung out for eternity. But he
didn't quite reach it. When he swung back he
bumped the old horse. It startled Bill, and he
registered an effective kick. In fact, he kicked
so hard he put Devenny clear through the side
of the barn, at the same time breaking the
noose. Devenny's family saw him coming and
went to his assistance, but they give the old
horse credit for saving his life.
HEAT OVERCOMES EIGHT.
Hottest Day of the Year — Relief
Promised To-day.
The first real depressing heat of the summer
came yesterday. The mercury crept up to 88
degrees above zero at 3 p. m., and stayed there
until nearly sunset. The high temperature and
excessive humidity caused three prostrations,
and throughout the city many horses were over
come.
A slight breeze from the south and southwest
blew in the afternoon, but it was hot and gave
little or no relief. The local forecaster promises
a thunderstorm, which is expected to cool the
atmosphere to-day.
While yesterday was by no means the hottest
May 18 in New York's history, it was the hot
test day of the year. The corresponding day of
May, 1904, had a temperature of 87 degrees
above zero.
Judging from comparative temperatures taken
from twenty-five cities in the United States.
New York City had the highest temperature.
Jupiter, Fla., which usually takes the lead in
high temperatures, could boast yesterday of only
78 decrees.
Those affected by the heat yesterday were
George Schmltt, of Staten Island, overcome
while at work at Bethune and West streets;
unknown man. found unconscious at K'rtith street
and Central Park 'West; Jacob Fegger. painter,
of No. fi27 Eut lfith street, overcome at his
home; Frank Scharfulo, of No. 63 East Houston
street. Manhattan, overcome on sidewalk at
Marion avenue and 173 th street, The Bronx;
Max Simon, of No. 160 Siegel street, prostrated
at 14th street and Broadway; an unidentified
man. overcome at 11th and Washington streets;
an unknown man, overcome at Ist street and
First avenue.
The forecast for to-day announces cooler
weather, thunderstorms and fresh southerly
winds.
HOT DAT IN CONNECTICUT.
Thermometer High, Humidity Excessive—
Three Cases of Sunstroke.
[By Telegraph to The Tribune]
Plainfield. Conn.. May 18.— The mercury went
to 96 degrees here to-day, and the humidity was
the worst experienced here on May 18.
Baltic Conn.. May 18.— William Dupry was
overcome by heat near Scotland this noon and
is fatally 111, it is feared. In Occum and Taft
vllle sprinklers were used on the mill floor* as
the heat was almost unbearable. •
Sterling, Conn.. May 18— Three eases of sun
stroke have been reported to-day here and at
Oneco. The thermometer stood at 97 degrees at
2 o'clock.
• — — —
Equinox— Equinox— Equinox— Equinox. Spars
Llthia Water- Quenches Thirst— Adrt.
RATE BILL PASSED BY SENATE
Even Democrats Say Credit for Legislation Must be
Given to President Roosevelt.
VOTE ON FINAL PASSAGE 71 TO 3.
Senators Foraker, Morgan and Pettus Alone in Opposition — "In Its Judgment*
Stricken Out of Interstate Commerce Commission Clause.
[From The Tribune Bureau.]
Washington. May IS. — The President's victory
is achieved. The Railway Rate bill has passed
both Houses of Congress, and it only remains
for the conferrees, if the House fails to concur
in the amendments, to adjust their differences
and for the President to afnx his signature, and
the legislation will become an accomplished
fact. By a vote of "1 to 3. a larger proportionate
majority than the Hepburn bill commanded in
the House, the Senate adopted the measure late
this afternoon after Mr. Tillman. the Senator
In charge of the bill, and Senator Teller, of
Colorado, had declared In the closing hours of
the debate that all credit for this far reaching
and beniflcent legislation must be given to
Theodore Roosevelt, whose earnest advocacy of
the policy in message and from the platform
had created the impetus which served to carry
the bill through Congress.
"I don't want to lay down the responsibility
that has been imposed on me without saying
that I believe the success of the bill is due to
Theodore Roosevelt." said Mr. Tillman, and fur
ther along in his remarks he declared that
"while the policy was advocated in three Demo
cratic platforms, had it not been for the Presi
dent's earnest advocacy of the bill it would
never have become a law; the bill would not
have passed."
During the early hours of the session the
words "in its Judgment," referred to in last
night's dispatches to The Tribune, were elim
inated by vote of SO to 24, as was forecasted
then. Senator Dolliver mildly acquiesced in the
will of the Senate, having learned this morning
that the President did not regard the retention
of thd words as essential. When the third read
ing of the bill was completed Senator Rayner
took the floor and in a semi-humorous speech
paid high tribute to the ability of Senators
Spooner. Knox, Bailey and others, repudiating
the charge that there were any railroad Sen
ators. Mr. Rayner predicted that before the
bill became a law the President would abandon
the Allison court review amendment and "re
turn to his first love." the Long amendment,
which Mr. Rayner considers essential to the real
value of the legislation. Mr. Rayner also said
that If the Speaker of the House should appoint
sufficiently strong conferrees the Long amend
ment might yet be adopted.
When Mr. Rayner had finished various Sen
ators gave their views on the merits and de
merits of the bill the Senate had completed.
Senator Foraker declared his final opposition to
the legislation, which he believes to be unconsti
tutional, and Senator Morgan did the same.
When the bill was placed on passage the only
votes against It were those of Messrs. Foraker.
Morgan and Pettus. the two latter holding that
the legislation constitutes a grave violation of
state rights.
The only Senators who were not present and
whose absence was not explained by colleagues
or others were Messrs. Depew and Gorman, who
are ill, and Senator Burton, who had taken no
part in the Senate proceedings this session.
Senator Platt. who was present earlier In the
day, was unable to remain for the final vote.
It Is generally expected that the Senate con
ferees on the bill will be Messrs. Elktns, Cul
lom and Tillman. The House has not yet de
cided who its conferees will be. except that Rep
resentative Hepburn will be chairman. The
measure has been so extensively amended that
It looks like a crazy quilt, but It is expected that
most of the changes will be recognized as im
provements by the House and will meet with no
objection.
EFFECT OF BILL GREAT.
Power to Afford Relief for In jus- !
tiee of Any Carrier Given.
[From The Tribune Bureau. ]
Washington, May 18.— The Railway Rate act. |
which was completed to-day by the Senate and
now goes to conference, where it cannot be
materially modified when placed on the statute
books, in a week or two, will have a more far- |
reaching effect than any law of recent years, j
It will vitalize the powers of the Interstate Com- ;
merce Commission and afford relief for every
discrimination, injustice and extortion, practised :
by a common carrier engaged in interstate com- '
merce. in so far as it is possible to do so by law. '
The most important provision of the act con- ]
fers on the Interstate Commerce Commission the ;
authority, on complaint, to examine into any ■
charge or practice of a carrier alleged to be un
just, and when such allegation is sustained to
prescribe what shall be a Just and reasonable .
maximum rate or charge, regulation or practice. •
The act defines as common carriers owners of
pipe lines engaged in the transportation of oil
or other commodity, except water and natural
or artificial gas; also sleeping car and express
companies, and ail forms of private cars, ter
minals, switches and spur tracks. .
The issuance of passes or free transportation In
any form to all persons, except employes of car
riers and their families and certain exempted
classes, is forbidden, and a penalty of not less
than 9100 nor more than $2,000 is provided, not
only for the person issuing such free transporta
tion, but also for the person applying fcr or ac
oepthig it.
RESTRICTIONS OX CARRIERS.
Common carriers are prohibited, on and alter
May 1. 1908. from transporting across any state
or territorial lln* any article or commodity other
than timber and the manufactured products
thtresC i— .miftjff led, mined or produced by U
PRICE THREE CENT?.
or under its authority. They are required to
construct and operate upon reasonable terms)
sidetracks and switch lines and to furnish em
for the movement of traffic without discrimina
tion and to furnish equally good accommods*
tions to all persons paying the same- fare.
Carriers must print and post in conspicuous
places all tariffs and charges, and such charges
cannot be changed without thirty days' not±c»
to the public and to the Interstate Commerce)
Commission, except where the - minimi— ,
waives such notice. They are required la tt3»
of war or threatened war, on demand of ttf
President, to give preference and precedence to'
the transportation of troops and munitions cf
war. Every person, company or corpozagorv
whether carrier or shipper, is prohibits* fNssv
offering; granting, giving, soliciting; accvpttae
or receiving any rebate, preference or IsiislM
{nation.
Heavy penalties, and In some instances fa*.
prisonment, are prescribed for violation at ffhaj
provisions of the act. Individuals and etcrjer*
tiona alike to be held guilty of nitartisiiMiiw
for any violation wilfully committed, and <h*
corporations and individuals are held iss LiismlL iisml
Hsl^ eaCt!lOfaily<llfent - «■«■«• to pub
lish tariffs entails a line of not less than &LCOO
and not more than $20.C0a
Granting or accepting of rebate* or fttndred
fflscrimlnation. entails a line of not is-dS
11.000 and not more than $20,000, and th. indi
vidual «uuty of such act is liable to toprt«L
ment for not more than two years. bTadSSo^
to the fine, in the discretion of the court.
PEXALTT FOR TAKING REBATES
Any shipper who wilfully accepts a rebate _.
discrimination must, in addition to the eboro
penalties, pay to the United States three times
the value of mioh rebate or discrimination, and
the Attorney General Is required to brln, cWI
suit to recover this penalty whenever 9^
Heves such violation of law has occurred.
The « authority ° the Interstate Commerce
Commission to fix maximum rate, refers^
only to single, but joint rates, and applies wherl
one of the parties to the Joint rat.T. wSS
For failure to obey an order of the commission
for each offence, and each day of a continuing
violation is deemed a separate offence"*" 1110105
Where the Interstate Commerce Commission
order, a refund to a shipper «d ,£"25
fa** ao to refund, the shipper may *!££
dvfl suit to -recover;- the finding of the com
**£ wd th. petitioner * not liable for the
costs in the court or at any subsequent sta^
of the proceedings, and if the petitioner finally
prevails a reasonable attorney fee is allowed
elm. . ■*
The Interstate Commerce Commission or any
Person injured by failure of . carrier to comply
ilifliiil
THE ALLISON AMENDMENT.
The act provides that, in suits brought ae*!ns»
the Interstate Commerce Commission, the- ve=o
to enjoin, set aside, annul or suspend any order*
or requirement of the commission «>»«rt be In tho-
Circuit Court of the district where the carrier*
has its principal operating office, and jurisdic
tion is vested in such courts. The provisions «g?
the Expediting act of February U. 1808. are.
made to apply to such suits, including naming.
on application for preliminary injunction whld»
may be granted only on hearing after five days*
notice to the commission. Appeals from any*
interlocutory order or decree are to be msilsl
only to the Supreme Court of the United States.
These constitute the provisions of tea s*-<mUsd
Allison amendment.
The commission is authorised to* veejptr* t&a
most comprehensive statistics from all winiy^
carriers regarding their business, under a £«>•)
city on the carriers of $100 for every day la 4s»
fault
The commission is authorized to prescribe 41ni
form of an accounts kept by carriers, shall eca-j
stantly have access to all records, account, and)
memoranda kept by them, refusal to grant swrhi
access entailing a penalty of $500 for each of
fence or for each day such refusal ■ is)
maintained. False entries made by any par-*
son keeping the books of a carrier are mads*
punishable by a fine of from &.000 to 95.000. ox*
imprisonment for from one to three, years, ci
both.
Carriers are also required to issue* ££**> Icl
lading for all shipments accepted, and shall her
liable to damage for the loss or injury of any
property for which a bill of lading is given, and
no contract, receipt, rule or regulation shall «■»
empt the carrier from liability.
Authority conferred on the commission to pr&%
scribe practices, etc.. includes not only switch
ing charges and similar services, but Icing:
charges and any other practice which may 1
be rendered as a part of interstate transport**
ticn.
LAST DAY OF DEBATE.
Mr. Rayner Takes a Turn at Criti
cising the President.
[By Th# Associated Pr»M "
■Washington. May 18.— When the Railroad Rat*
till was taken up to-day the Senate resumed con
sideration of th* Teller amendment striking out of
th« provision giving to th»» Interstate Commerce*
Commission the power to prescribe rates words,
""in its Judgment."
Before that order was reachei. however. Senator
Hale took advantage of the opportunity to admon
ish other Senators against the violation of their
own fifteen minute rule. He said the rule had
largely failed, and h» added that half a dosen Sen
ators had so far done most of the talking on th»
bill. He would have the time distributed more
evenly, and he thought that if there were not so
many Interruptions by Senators who had already
spoken the amendments could be dlspoaed of early
to-day and the Serato could have Saturday and
| Sunday for a much needed rest.
Senator Daniel made the first speech on the Teller
provision, arguing that the presence of the words.
"In its Judgment." would not have the effect of
vitiating the bill. He declared that neither the
presence nor the absence sf the words could affect
the measure. "If." he said, "the words are retained
th© comm!ii*lon will have explicit authority to do
what it must •essartly do if they are omitted."
He said that as fax back as IS2± Chief Justice
. Marshall had interpreted the rig-it of Congress to>
delegate Its power, and the rule then laid down had
j been followed in innumerable cases. He also re
ferred to the recent opinion of Justice Br«Vwr lm