New-York tribune. [volume], June 21, 1906, Image 1

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1906 GKADUATING CLASS OF SIBLEY COLLEGE OF MECHANICAL ENGINEERING, CORNELL UNIVEKSITY.
UPHOLDS MI-CENT LAW.
GAS COMPANY TO APPEAL.
Appellate Division Not Hampered
by Federal Court's Decisions.
The Consolidated CJas Company again had a
Ktbaek yesterday in Its efforts to have con
isuinerfs pay the £1 rate for illuminating gas, in
epue of the law providing for BQ-eent charges,
■when In an opinion handed down by the Appel
late Division of the Supreme Court, in two cases
brought to test the validity of the SO-cent law,
the law was upheld and decisions in favor of
consumers ■were given. The two causes were
those of Jacob Rich man against the Consoli
dated, in which he had endeavored to prevent
The company from cutting off his gas supply,
er.d of Dr. Alexander R. Grossman on prac
tically similar grounds.
Justice Leventritt, in the Supreme Court, had
denied a motion for a temporary injunction for
TUehman. but in the case of Dr. Grossman, on a
reargument, had granted a permanent injunc
tion. The Consolidated appealed from the latter
decision and was again beaten, ■while in the for
mer Richman appealed, and the decision of Jus
lice Leventritt was reversed and the Injunction
prayed for was granted.
Th»» tv.-o decisions, however, are not final, as
the opinion of Justice Laughlln particularly
Ftatea that the decisions are only given so that
the Court of Appeals may finally decide the
cases on th^ir merits. It is understood that an
er-r^al will be taken at once by counsel for the
Consolidated Ga* Company.
John A. Garver. of counsel for the company,
raid last night:
The decisions only are active in the two par
ti' ujar cases, and do not interfere in any way
"* iih th*» opinion of Judge Lacombe in the United
States Circuit Court declaring the $1 rate still
prevailing. If any other consumers desire fee
refuse to pay the 20 per cent they can do so. but
or.ly by going through the same litigation as the
two plaintiffs In the cases decided yesterday.
Th«> decisions do not affect in any way any one
but Dr. Grossman and Mr. Riehman.
RIGHT TO REGULATE PRICE.
Justice Laughlin wrote the opinion of the
court, in which Presiding Justice O'Brien and
Justice Patterson concurred. In speaking of th©
CTTrpariv- Justice Laughlin says:
In exercising public franchise and special
privileges, it owes a duty to the public to fur-
T.ish gns to the consumer at reasonable rates,
which the Legislature may regulate and the
courts may enforce. It is competent for the Leg
islature to regulat* the price that the defendant
may charge consumers provided it does not re
quire it to supply gas at a rate that will not
cdrr.it of reasonable profit, to the stockholders
■u*r.nn the actual value of the plant and property
of the company.
The justice says that the company may at
■ay time have recourse to the courts, if injus
tice is done in this matter, and if after a judi
cial investigation, its complaint should be sus
tained it would be the duty of the court to de
clare the law unconstitutional and void. In
thi* ca?«=-. he says, both the Legislature and the
ftate commission appear to have acted with due
cV;i Oration, and after careful investigation of
the »ssrr:ti2l facts. He continues:
It !« a genera! rule of law that until a judicial
extermination upon a final hearing a statute is
presumed to be valid, and although its enforce
ment max- be temporarily enjoined, its opera
tion c&nrot be appended The practical effect
of th*- rule is that until the statute is adjudged
'o b«- unconstitutional by a court of competent
Jurisdiction the legal rate which consumers are
'■ . ■'-■ to pay. and upon payment of which
Uj*r ar** entitled to a continuation of the per-
r '' r *-. I* that prescribed by the last enactment of
tji* legislature, pending the decision of the
QlKatSon a« to the constitutionality of the etat
■3t« Therefore th* company should not be per
ttJttifl to coerce the consumers into paying the
r * Tit*.
*vstfoa Laujjhlin says that consumers who do
r ''t r.Jsh to incur the enn »"*".**, expense or
Jmard c* l-tlgration, may pay under protest, thus
reserving the right to recover the excess. They
•"flj be fully protected in this respect, he con
tinues, by the provision made In the recent order
«* the United States Circuit Court. The com-
J*-~S\ '■'. it wishes to rii«k the penalty malar the
ttatst* — "which very likely cannot be collected,"
fc« «■;.•& -rr3.v •::.and payment at the old rate,
*-*2<J it may bring ration at law.
PRIVATE ACTION HOT BARRED.
The Justice ires In detail the circumstances
fc? tfc* pres«;:t case-, and considered the bill in
*T~ty brought in ttie federal court. He says
it i? t-» b* ohaarwd thai no consumer of gas, ex-
c «?i ;h<e cJty of Hew York, was made n. party
l <> t/ie rat; in ihs federal court. He aide that
cf ty^rt* the city doos not represent private
Vistsssniti, <-r.j canr.ot appear for them In the
' >.nLr.fO c» lt»ir<l p***-
i^-^. »»,■ -unjU^ NEW-YORK, THURSDAY. JUNE 21. 1906.-FOURTEEN PAGES .-^™. < WgiV^ tte
7?JOr FOIJAJWS MURDER.
Police Rescue Italian from Fury
of a Mob.
The prompt arrival of the reserves yesterday
evening prevented a crowd of two thousand
frenzied Hebrews from tearing Giuseppi Yaco
bocci. of Xo. 11l Mott street, from Patrolmen
Staublg and Quinlan and beating him to death.
He had fatally fitabhed Abraham Koslowitz, of
No. 31 Norfolk street. As it was. a riot started
on the arrival of the police ana ••ontinued to
rage about the store of Rosebers & Heinelln.
at No 18 Norfolk, street, in which the Italian
and his captors had taken refuge.
Surrounded by the reserves in a hollow square,
the prisoner was taken to the Eldridge street
station and locked up. His victim was hur
ried to Gouverneur Hospital, where he died half
an hour later. A charge of homicide was then
entered against the Italian.
TIPS LAUNCH; FOUR SIXK.-
Carelessness of Member of Fishing
Party Costs LAvcs.
Philadelphia, June 20. — A man's carelessness
ln stepping on the side of a launch ln which
there was a party of six resulted in the drown
ing of four men late this afternoon in the Dela
ware River, opposite the extreme northern part
of the city. The other two occupants of the
little craft had a narrow escape from death. The
drowned men are John Zwald, John S. MrCann,
John Hannigan and Charles E. Keenan.
A dozen men had gathered early in the day
at the Hobo Boat Club, near the scene of the
accident, and parties of six took turns in going
out ln the launch to the middle of th« river to
fish. The four men above named, with Patrick
Dunn and Lewis Jones, went out late in the
afternoon. They had no sooner anchored than
Keenan stepped on the side of the launch, cap
sizing it-
One of the men in the boathnuse who was
looking at the party through field glasses saw
the craft turn over and quickly gave the alarm.
Two men in skiffs at once set out to the rescue,
but it took them some time to reach the cap
sized boat, as the river at that point is wide.
Four of the men had already gone down, but
Dunn was picked up while clinging to the keel
of the launch, and Jones was picked up in an
exhausted condition as he was swimming ashore.
The two pkiffs remained in the wieinfty for some
time in the hope of finding tne bodies -if the
drowned men. but they did not come to the
surface.
TO CALL EXTRA SESSIOX.
Legislation While Governor Pattison
Was Unconscious May Be Void.
[By T«l««rarh to The Tribunal
Columbus, Ohio, June 20.— 1t was announced
to-day that Acting Governor Harris has de
cided to call an extra session of the Legislature
if the liquor interests of the state succeed in
knocking out the Alken high liquor tax law,
as they are planning to do. He realizes that a
decision from the Supreme Court Invalidating
that law would render void most of the im
portant legislation enacted by the last Legis
lature, as It was passed between March 21 and
April 16, during which time the late Governor
Pattison lay unconscious, according to the state
ment of his physicians.
A< ting Governor Harris is fully In accord with
the temperance views of his predecessor. If a
■pa iaJ session of the Legislature la held, he will
not hesitate to use his influence as acting Gov
ernor to force the re-enactment of all legisla
tion the validity of which is questioned.
NIGHT CABINET MEETING.
President and Five of His Advisers
in Conference.
Washington. June 20.— What amounted to a
Cabinet meeting was held at the While House
to-night. There were five members of the Cab
inet in conference with the President—Secre
taries Root. Taft and Bonaparte, Postmaster
General Cortelyou and Attorney General Moody.
The occasion for the night meeting was ex
plained to be the consideration of public busi
ness. Beyond this and the statement that noth
111* unusual had happened, nothing was made
public regarding the conference.
Th* members of the Cabinet remained with
th« President about two hours, the meeting end
i'j" after 11 o'clock. It is believed that qutf,
t'liTr , incidental to the adjournment of congress
were considered. President Roosevelt expects
to 1-av- Washington soon after the session ends.
LARGEST GRADUATING CLASS OF ANY COLLEGE.
GIANT SEES PRESIDENT.
A WHITE HOUSE VISITOR.
Machnoxv Cordially Received, but
His Wife Is Skeptical
[From The TTibune Bureau.)
Washington, June 20. — President Roosevelt
shook hands this afternoon with Feodor Alexio
vitch Machnow. the Russian 9-foot 3-inch giant.
Machnow arrived in town at 4 p. m.. aceom-»
panied by his wife, a woman of ordinary size;
"Parson" Davis, an interpreter, a physician and
a troop of newspaper men, who had accompa
nied the party from New York, where the
human shot tower is under engagement to ex
hibit his length on the vaudeville stage. The
President greeted Machnow cordially and chat
ted with "Parson" Davis for several minutes
about politics, pugilism and various topics.
When Feodor left the President's office he dis
played a smile about a yard across, and he
started to give his wite an account of the re
ception. Mrs. Machnow soon changed his joy
to doubt, and then to outspoken suspicion. She
had refused to go into the office when she ar
rived, but stood out on the front steps, scowling
gloomily.
"The President is not here," she exclaimed.
"If the President was inside this house you
would see soldiers, many, many soldiers, on
guard. They are fooling us."
"But the President of the United States docs
not need a guard of soldiers," explained the in
terpreter.
"This man in here," continued Mrs. Machnow,
with increasing anger, "this man with the eye
glasses, cannot be the President, for his picture
is not on the money."
Mrs. Machnow had seen pictures of the Presi
dent on the way from New York. Finally she
was induced to enter Secretary Loeb's office,
where her husband and the party had been es
corted to wait for the President to finish a con
ference he was holding with Secretary Root.
But she did not linger there l r 'n^. After a few
whispered words to her husband she stalked
gloomily out of the office and again took up her
position on the front Bteps.
"Mrs. Machnow pays she is going back to New-
York right away," said the interpreter. "She
says she does not like Washington, and refuses
to sta^ 1 over to se» Congress. She has been in
a very bad humor all day '
"Weil, lot her go," su^osted one of the party.
"We can get along without the lady if slie does
not wish to remain "
"But if she goep the giant will go, too. When
she crooks her finger, he follows, and don't you
forget it." said the interpreter.
The giant, his wife and the interpreter left
Washington on an early even'ng train for
New York, in spite of all efforts made by the
managers of the show to detain them. "Parson"
Da\is and his friends remained for a few hours
longer, to call at the newspaper offices to get
the "item" in with its proper frills.
WANT TO LYNCH MRS. KAUFMAN.
Woman Accused of Killing Servant Taken
Away from Crowd in Carriage.
Sioux Falls, S. D., June — Mrs. Emma Kauf
man, wife of a wealthy Sioux Falls brewer, was
brought into court to-day for the closing of her
preliminary hearing on a charge of having
caused the death of Miss Agnes Polrels, her ser
vant. Mrs. Kaufman was hissed when she went
Into the courtroom, and when she came out an
angry demonstration was made and cries of
"Lynch her:" were heard.
As a result of the hearing. Mrs. Kaufman was
held on a charge of murder. The case will be
called for trial in November. Miss Polrels, who
was seventeen years old, died on June 1. and was
buried at ParkßTon, S. D. The body was later
exhumed, and was found to bear forty-five sep
arate wounds.
Mrs. Kaufman, after court adjourned, had
taken refuge in a carriage, and while the crowd
was packed closely around one of the double
doors of the courthouse the carriage escaped by
dashing at full speed from another door. The
crowd, as soon as the carriage was seen hasten
ing away, followed it for a short distance, giving
vent to shouts and derisive cries until the vehicle
v, as out of sight. It was several hours before
the excitement died down and people dis
persed.
SUIT AGAINST MR. PLATT DISMISSED.
(By Telegraph '■' The Tribune.]
Omaha, June 20.— 1n the District Court here to
day the 525.000 suit for damages filed by Mac C.
Wood, a former clerk In the Fostofflce Department
nt Washington, against Senator Thomas C. Plan, of
New York, and the United States Express Com
pany, was dismissed for want of prosecution. Miss
Wood sin-.] for services alleged to have been per
formed for Senator Plait and the express company
In luoMngr after matters of Interest to them in the
Poetoftice Department.
EQUINOX— EQUINOX— EQUINOX—EQUINOX
Sparkling Lttfeta Water Quen.lifca Thiret.— AJvt.
SLAIN GOING TO CHURCH
WOMAN DIES IX AUTO.
Husband Collapses After Identifica
tion — Croud Threatens.
While on her way to the Church of the Sacred
Heart, in West C>lst street, last night Mrs. Kate
Buckfelder. sixty- two years old, of No. 731 Elev
enth avenue, was run over by an automobile at
Tenth avenue and 51st street and so badly in
jured that she died while being taken to Roose
\elt Hospital in the machine that ran her down.
The automobile was driven by Bert Smalling.
manager of automobiles for the Hurd Realty
Company. Smalling says he was running the
machine at s»n exceedingly slow rate of speed and
thought that the woman was surely out of the
way. He leaped from the automobile, frightened
by the menacing crowd that assembled as if
Ti«' a rid* sought safety in a nearby drug
store, where he was found hy " Patrolmen
O'Rourke and Bayer, of the West 47th street
police station. Escorted to the automobile, in
which Mrs. Buckfelder had been placed. Small
ing. accompanied by the two patrolmen, put on
full speed ami started for the hospital. The
run was quickly made, but Mrs. Buokfelder died
on the way.
SmaHlng was locked up on a charge of homi
cide. Alexander C. Young, attorney for the
Trans-River Automobile Company, which owns
the machine-, appeared to bail him our. Mr.
Young was told that he would have to find a
magistrate before bail could be accepted, and
left tho station in search of one.
The husband of tho unfortunate woman heard
of the accident nearly two hours after it had
happened. As Mrs. Burkfelder had not returned
home he went to thf police station to look at the
body. He collapsed when he found that tho
d< a«l woman was his wife.
MISS PAULINE HALL HURT
Comic Opera Stars I*cg Broken in
Yonkerg Runaway.
Mis* Pauline Hall, the well known comic
opera star, sustained a fracture of her left leg
and was badly bruised and shaken up in a run
away accident in Tonkers yesterday afternoon.
Her sister. Miss A- Hall, was also bruised, but
h»r daughter and a gir! friend escaped injury by
Jumping;.
Near the Mosbolu Hotel the team ran into a
telephone polo, throwing Miss Hall and her
sister to the ground. The two pirls had jumped
just before. A few moments later two men in an
automobile took the party to their home.
HURT IX RUXAWAV.
Au to Frigh tens Horse — Carriage
Upset — Occupants Hurled Out.
Frightened by a passing automobile, a high
spirited horse, drawing Mrs. George O. Starr,
of South Columbus avenue, Mount Vernon, and
Mrs. M. N. L/itson, of New York, dashed along
the Post Road at Pelham Manor last night. The
carriage struck the curb and the women were
hurled to the ground. Both of Mrs. Starr's legs
were broken and she was internally Injured.
Jim. Litson's skull was fractured.
The accident happened midway between Bon
nie Brae, the home of J. L. Reynolds, and the
Little Red Church. Mrs. Starr was driving, and
when the horse took fright she clung to the reins
and did her utmost to keep the animal going
straight, but the front wheels of the vehicle
struck the curb and It upset. Mrs. Starr was
removed to her home in an ambulance and Mrs.
Liitson was taken to the Mount Vernon Hospi
tal. Both are ln critical condition.
Mrs. Starr Is the niece of George O. Starr,
manager of the Baraum & Bailey circus.
SLEEPING SICKNESS IN LONDON.
Lieutenant Tulloch, Investigator, Dies from
Inoculation-
London, June 20. — Lieutenant Tulloch, who
accompanied the Royal Society's Commission to
Uganda to investigate the sleeping sickness, and
contracted the disease while dissecting an in
ocula'ed rat. died to-day in London.
MUTINY ON CONVICT FAEM.
Four Persons Killed at Angola, La.. New
Orleans Hears.
New Orleans. June 30 —Dispatches from Angoi.-t.
Ijß., say that ln a mutiny at the state convict farm
there to-day four p«r«on§ were killed
ATTACK OX BU HAMARA.
Attempt to Murder Pretender to
Moroccan Throne.
Melilla. June 20— Adherents of the Sultan of
Morocco last night unsuccessfully attempted to
assassinate Bu Hamara, the Pretender, while
he was sleeping in his tent. Several of the Pre
tender's guards were killed and others were
wounded.
THIEF CHOKES VICTIM.
Patrolman Captures Alleged Robber
Who Made Off icith $800.
Patrolman Benkler, of the Traffic Squad,
yesterday afternoon prevented the escape of an
alleged robber who had choked a young woman
cashier in a mercantile house and stolen $200
from her. Joseph Frey, of Xo. 349 East 19th
street, was arrested. ■ 'h
The hold-up took place in fhe building at Xo.
Pit Spring street, where the firm of Wilinsky &
Mezeritzky occupy the fourth floor for th«
manufacture of silk articles. Rebecca Osch-
lar.sky. a girl of nineteen, employed as book
keeper, was sent to the Germania Bank shortly
before 3 o'clock to draw $201 for use in the
company's office.
Upon her return from the bank a man fol- j
lowed her upstairs, and when she was half way j
up the third flight of stairs overtook her. grasped I
her about the waist and snatched the package
of money from her hand. Before she could
scream the man thrust the money into his pocket I
and caught the girl by the throat. He choked
her almost into Insensibility, then dropped her
and ran. stumbling anil falling down the last
flight of stairs. He got up and Quickly ran j
around the corner and south in Mercer street.
The girl followed him down the stairs. 1 and her |
screams attracted the attention of Benkler. who I
saw Frey go into the back room of a building at ;
Spring and Mercer streets. Benkler followed. j
and after a search found Frey curled up under !
a bench in the corner. Frey was taken imme- j
diately back to the place where Miss Oschlansky i
is employed, and she identified him as the rob- !
ber. No money was found on Frey, who says he !
dropped it. The police say a second party, a I
confederate of Frey. got the money.
COR X ELLS GRA DI A TES.
__ — — — — —
I
Young Men Whose Abilities Are in j
Demand from Employers.
The Sibley senior class, whose picture is pub
lished on this page, is the graduating class of the j
largest college in Cornell University, and the on» ;
which has done most to make the name of Cor
nel! respected in the world of practical affairs. \
Th» remarkable thing about these young men is .
that they will not have to look for employment, |
many of them having received half a dozen tempt- j
ing offers from rival technical firms, which vie ;
with one another to obtain graduates, and visit
the college each year In the spring to lay the at- j
tractions of the positions they desire filled before \
the prospective graduates in their most inviting
aspect.
GEM THEFT OF $20,000.
— — — — — I
i
11. 11. Meyer's Jexcelry Taken from !
Room at Club.
A mysterious robbery of §20,00") In jewelry !
from one of the guests at the Century Country '
Club, on the outskirts of White Plains, was re
ported to Chief of Police Harmon at White j
Plains yesterday, and he has all his detectives i
working on the case. The Jewels belonged to !
H. H. Meyer, of the banking house of Seligman •
& Meyer, of Broadway, who is spending th» sum- I
mer in the clubhouse. They had been carefully j
locked in a drawer in a chiffonier in Mr. Meyer's |
room by his valet, and the key had been placed |
in another drawer, according to the report made I
to the White Plains police. \
The burglar unlocked the drawer and took the
Jewelry, among which were sixteen diamond and \
pearl stickpins. He relocked the drawer an,l i
replaced the key in the drawer where it had '
been hidden. The police look upon the robbery j
as an "inside** Job. ;
»
YALE ALUMNI FUND. $75,000.
New Haven. June 20.— 1t is announced that the ]
alumni fund to be presented to Yale University •
this year will be BMM Last year it was V*>'»» v . i
and next year it probably will be raised to lIOO.COO.
DEWEY'S PURE GRAPE JUICE.
Absolutely free from any preservatives
H. T. Dewey & Sons Co., 138 Fulton St.. New York. I
Advt.
PRICE THREE CENTS.
PACKERS DENOUNCED.
MR. LODGE OX MEAT BILL.
Says Beef and Oil Trusts Are
Greatest Promoters of Anarchy.
"I have no sympathy whatsver with tho
socialistic movements that are going ori to
take possession of all sorts cf business and
all so-calied public utilities, whether munici
pal, state or nationa 1 . I believe the move
ment, if successful, means the destruction of
the government which we reverenca and love
and which it has taken us a hundred years
to build up. But I say. and I say it in all
ssnouness, that these packers in Chicago and
these owners of the Standard Oil have done
more to advance socialism and anarchism
and unrest and agitation than all the so
cialist agitators who stand to-day between
the ocean?." HENBY CABOT LODGE.
[Frcm The Tribune Bureau.]
Washington, June ••.—The Chicago meat
packers received in the Senate to-day the sever
est denunciation to which they have, probably,
ever been subjected. The speaker was Senator
Lodge, and the occasion the calling up of tho
Agricultural bill, of which the meat inspection,
provision is an amendment. Speaking to a full
chamber and galleries well filled, despite tha
heat. Senator Lodge delivered his remarks quiet
ly and forcefully, weighing every word.
Mr. Lodge declared himself in accord with th»
chairman of the Senate Agricultural Committee,
Mr. Proctor, am! with the author of the original
inspection amendment. Mr. Deveridge. in their
conviction that the cost of inspection should be
paid by the packers, and thru the inspection tags
which the government la to affix to canned meat
products should he . ted.
"People do not like to are their food tampered
with in order to increase profits already huge.
and to be made the sport of mere insensate greed
for money," said Mr. Lodge. "The people be
lieve, and believe rightly, that these men should
be made to obey the law. I declare now that
the one thing more important than who pays tha>
tax is that these men should be put on the same*
basis as other American citizens who have their
goods Inspected and sent nut to the whole world
with the government stamp upon them. I an*
not asking that they be persecuted or hunted
down. I am asking that they have the Justice
which they would deny to others, but which th-»
In Congrers are bound to give to all Americans
alike."
Ri f--rrir.g to c-ir>iiiti.->ns a _ -he presenSj
agitntion Mr. Lodge said:
What has been the history of that group of
men .who run these packing establishments? It
has been a history of utter defiance of law and!
public opinion. It is only the other day that
•^ey were convicted of violating the Elkins law
*M connection with the Burlington & Quincy
road. They barely escaped another charge
under th<» immunity decision. It is less than a
year since Sulzbcrger. if that is the name, was
fined $-'.".. for a violation of the law. They
have been going on for years in that way. with,
a coarse defiance of public opinion and of the
law.
Mr. Lodge expressed some trepidation about
suggesting that the amendment passed by th»
House be changed, because he had learned from
the press that it ha.l been "passed by the Hous*
and approved by the President." but said h»
would take advantage of that much discussed
instrument, the Constitution, which provides
that measures must have the approval of both
House and Senate, a.s well as of the Execu
tive. He declared Uiar he hoped the House
amendment was substantially sound, but that
as he had learned on excellent authority that
the measure first reported by the House Com
mittee v.a.i worthless to accomplish the purposes •
sought, and had been Informed on excellent au
thority in the House that the amendments put
in by the committee had been added merely to
satisfy the President and to "srveeten" the sub
stitute, he was in grave doubt. Representative
Wadsworth. who had used In the House tha
words quoted by Mr. Lodge, was in the Senate
chamber throughout the Senator's speech.
SATS LABELS SHOULD BE DATED.
With regard to the necessity of dating th«
government labels, Mr. Lodge said:
The packers say that canned articles of food,
are Just as good five years after they are canned
as they were at the moment of canning If they
like them that way, let them eat them that way.
nobody objects: but l do contend, and this is the
spirit of all our pure food legislation, that tha
public hast a right to know exactly what it la
buying. If canned meat five years old is juat
as good as meat which has been canned five
months, it cannot hurt the business of these
tender creatures who are doing this packing for
us to have the fact known. People will be just
as ready to buy their excellent ftve-year-old can*