TREATY SUPREME LAW.
< ontinurri from tint par* 1
as inadequate to correct trust evils, and little
was done to curb the rapacity of tho corpora
tions beyond discussing the need of effec
tive legislation. But It remained for President
Roosevelt to determine that everything possible
should be done under the existing: statutes, and
the history of hi* attempt Is a long: chronicle of
f-uecessful prosecutions. In this instance, also,
the administration has determined not to apply
to Congress for additional leßislation, but to do
■ all in its, power under the existing authority
conferred on the federal government; and it is
believed that like success will attend the effort.
The attempt must either prove successful or
demonstrate the inadequacy of existing author
ity, and in the latter event it would constitute
an effective basis with which to present to Con
gress the necessity of specific enactment.
The determination of the administration to
test its authority under the sixth article of the
Constitution will not interfere with immediate
efforts being made by diplomatic means to ob
viate the Injustice now being done Japanese
citizens in San l-'i uicisoo. The disastrous effects
on the commerce of the Pacific States which
must result from the estrangement of Japan
■rHJ be emphasized, and loj^ic and diplomacy
•will be used to effect Immediate amelioration of
the conditions: but the conviction Is felt that
sooner or later the chimera of states' rights,
where it Interferes with the faithful performance
of international agreements, must be effectually
A British View of Popular Sentiment
London, Oct. 27.— 1n a dispatch from Toki<-> the
corretpondent of "The Daily Telegraph pro
tests against the sensational misrepresentation
of the Ftato of Japanese feeling in regard to shut
ting out Japanese children from the schools of
San Francisco. He says that it is true the Jap
anese are Intensely pained at the occurrence,
but that they are sensible enough to realize that
California is not the United States, and that
the» episode is isolated and distinctly local. The
"Ji.il Shimpo.- according to the correspondent's
dispatch, even goes so far as to contend that the
Japanese In San Francisco are themselves partly
to blame, on the ground that they do not assim
ilate American ways and customs. As the civil
authorities are Involved. Japan v.-ill ask for some
form of redress, but the matter is not regarded
of International importance.
The correspondent of "The. Times" at. Tokio
says that the genera! feeling manifested in
4,'iapan is that, while the nation is most anxious
to take the most lenient view possible of tho
San Francisco incidents, It cannot differentiate
between one section of the American people and
another. Therefore, unless some remedial
measure is applied, the warm friendship of the
Japanese for the United States will suffer a
shock. An association of Japanese and their
American friends at Tokio met yesterday, tho
correspondent says, and resolved to send a cable
message direct to President Roosevelt, urging
him to use his Influence to bring about a satis
factory settlement of the difficulty.
TO MAKE A TEST CASE.
Cause To Be Shown Why Japanese
Pupil Should Xot Be Reinstated.
San Francisco, Oct. 2fi. — Judge "VVolberton, of
th« United States Circuit Court, yesterday is
sued an order to the Board of Education of
San Francisco, citing that body to show cause
why an injunction compelling the reinstate
ment of I. Yasuhara, a Japanese pupil recently
excluded from the Pacific Heights Grammar
School. should not be Issued. The board is or
dered to answer on November 5. This order
was issued following an application for an in
junction presented to Judge Wolberton. with
the intention of making this a test case. The
application for the Injunction is made on the
emunds that iii— present resolution of the
Board of Education excluding Japanese pupils
from the city schools is in violation of the
Constitution of the United States and also in
violation of a treaty now existing between the
I'nited States and the Empire of Japan.
At a mass ■ -in? held here last evening the
Japanese discussed the situation regarding the
M. KITIGAKTS WITHEBAWAI.
Japanese Denial of a Rumor Already Denied
Tokio, Ort. 26 Th» allegation that the re-
Hrement of Midshipman Ashai Kiti(?aki from
the Naval Academy at Annapolis was due to
the request of the Japanese embassy at "Wash
ington is deemed here to be Impossible, as the
Japanese government has carefully avoided
anything likely to provoke the United State?.
M. Kitigaki's parents are without -word from
him. bur it is believed his retirement was en
tirely voluntary and in no way connected with
the situation at Pan Francisco.
It was ann tunred from Washington October 21
that, according to information given out at the
X*":> Department, the sole reason for thp resigna
tion of Midshipman KitigaJd, who li a son of
Baron Kitlgaki, of th* Imperial Pri\-j- Council ' was
a flpflcienry in hi.'- studies. He entered the academy
SEAL POACHING QUESTION.
Special Agents Who Investigated Confer
Washington. Oi I s. United States
northern district of lllinolp. ur.d
<-;,.r..- Cf . || Bowers, LTnlted Btatea pish ''orrums
fc,(.;.t;. -.'.•:•■ .1 conference with President Roosq
World's Kews Before
the Atlantic Cable
P. T. McGRATH
of Emma Nevada
A Kew Story
by lan itiaclaren
AND MUCH ELSE:
velt to-day. ! Messrs. ■ Sims and Bowers, as special
agents of the government, went to Alaska to in
vestigate allrged illegal sealing, and arrived at the
Seal Islands two days after the killing of the
Japanese, which has bren made the subject of dip
lomatic negotiations between the United States
and Japan. It is believed that the conference
touched upon this matter. A full report of the in
qtiry is now in the hands of the printer. Mr. hlms
also Is making an effort to secure increased legal
force in his office, so as to put it on a plane with
the District Attorney's office at New orK.
ANARCHY IN MOROCCO.
American Minister Remains at Fez
-Warships To Be Sent.
Paris. Oct. 2ti— A dispatch from Tangier says
that a state of anarchy exists in the regions of
Rabat and Casa Blanca. and that transport of
foreign goods has ceased.
The dispatch adds that Raisuli. who is re
sponsible for 'the disorder prevailing at Arizllla.
is in complete control of the territory between
El-Arnish atnl T.-mpier.
The French government has decided to send
a warship to Tangier.
Tangier. Oct. 20..— The American mission
headed by Minister Gummere has decided to
remain In Fez until the Sultan takes steps to
pay the indemnities demanded for outrages upon
American citizens. The government says it has
not sufficient fundr, to meet these demand?. It
is rumored here that pr. Rosen, the German
Minister to Morocco, has arranged to make a
small loan to the Sultan. Dr. Rosen will remain
at Fez because of the disturbed state of the
The Moorish officials, in answer to the French
representations, profess ignorance of many facts
called to their attention, and deny responslbility
for others. Some of the foreign diplomats are
demanding the dismissal of Mohammed el Tor
ifs. the representative of the Sultan here.
The situation in Morocco City continue? crit
Herr Heinrich. a German merchant, who was
captured by Moorish horsemen near Rabat, has
been rescued by his personal guard.
Madrid. Oct. 26.— The Spanish government has
decided to hold several cruisers ready for dis
patch to th« west coast, to protect Spanish sub
FRAXCE AND CHURCH.
Cabinet Decides on Seizure of Prop
erty and Revenues.
Paris. Oct. 26. — The Cabinet has reached a de
ctslon regarding the. application of the, separa
tion law. by which the property and revenues of
the churches, if the clergy persist in their pres
ent attitude, will be sequestrated on December
11. but the churches themselves will remain open
for public worship during the ensuing year be
fore thfl law goes finally into effect. In tho
mean time, should the clergy refuse to yield, a
ministerial declaration will bo issued, indicating
clearly the intention of the Cabinet to ask par
liament for special legislation to meet the situa
According to well informed persons, drastic
action has been decided upon by the Cabinet.
It is understood that the government declara
tion at the reassembling of Parliament on No
vember 5 will contain a proposal to extend to
the clergy the clause of the enactment dated
June IKn<», which makes Frenchmen holding
public office under a foreign government lope
Their French nationality and rights of citizen
ship if they refuse to resign within a fixed period
when called on to do so by the French gov
ernment. Should parliamentary powers to this
effect be obtained, these persona say. it is not
the Intention of the government to apply them
unless acts by the clergy assume the character
of open rebellion or are of a really grave nature.
Their simple refusal to form cultural associa
tions will not be considered a sufficient motive
for pro^e^tnß to the extreme limits of the
It is said that the Sarrien Cabinet, before its
resignation, had fully agreed upon the pro-
T.osal of this measure, but hitherto the- secret
has been closely guarded. In clerical circles It
is considered that the government's action 19
intended for the purpose of promoting a schla
matic movement in the Church.
Some of the newspapers say that the Council
of State, after consideration of the question of
what constitutes a legal association, Is prepared
to render a decision that only associations
formed with the consent of the former church
wardens and parish priests are legally entitled
to take over church vropf-rty. If this proves to
be correct the decision will give an impetus to
schism, as of all the associations thus far con
stituted only two have the concurrence of both
the parish priest and church wardens, and these
have been interdicted by the bishops.
Bordeaux, Oct. 2fi. — Cardinal T.ecot, Arch
bishop of Bordeaux, has issued an appeal to the
faithful not to join ""false Catholics and bad
priests" in the formation of associations to take
over church property, warns the parishioners
who disobey his injunction that they will lose
the right to confess and receive the sacrament,
and informs the priests that they will be pro
hibited from preaching and administering thu
pacrament. adding that those "who thus wrong
fully acquire church property will not only die
in a state of sin, but the obligation will rest
upon their posterity as long as the memory of
ihe robbery endures."
SERVIANS PAY HONOR TO RAKOC2Y.
Belgrade. Oct. 26— Fifty members of the Ser
vian Parliament and other prominent persons
left Belgrade to-day for Orsova, on the frontier,
to pay honor to Hungary on the occasion of th*
transfer of the ashes of Franz Rakoczy, the
Hungarian patriot, from Constantinople to
M. D' ISWOLSKY TO MEET KAISER.
Berlin. Oct. 28. — M. d' Iswolsky. the Russian
Foreign Minister, will arrive here to-morrow
from Paris, and will be received in audience by
Emperor William on Sunday.
OUTRAGE IN PRUSSIAN POLAND.
Berlin. Oct 26.— The schoolhouse at Bendzl
kovo, Prussian Poland, was set on fire and burred
to the ground yesterday by the explosion of a
petroleum bomb. In the Bomh»-rg district alone
L'O.«tn<) children are striking against being com
pelled to receive religious instruct inn in German.
r»r. Sturtt. the Minister of Education, will visit
NEW ZEALAND MAIL SUBSIDIES.
Wellington. New Zealand. Oct. 28. The House
of Representatives to-day approved the renewal
of the San Francisco mail subsidy for three
years, with th<? proviso that new steamships
f-hall be provided within two years, in default
of which the Postmaster General is empowered
to give six months' notice of the withdrawal of
The House also authorized the making of a
contract for the Vancouver service, giving
(3.000 to steamers making the trip In eighteen
days, the maximum subsidy to be $100,000.
DOMINICAN REBELS ESCAPE.
Cape Haytien, Oct. —After the recent de
feat of the Dominican rebels near Monte Crlstl
the greater part surrendered and wen par
doned. but a number. Including Generals
Guellito and Rivas, Red across the frontier into
Hayti, where they joined General Navarro and
started for Cape Haytien. They will embark
lure or some- foreign country. a « th.- govern
ment of Hayti Will not allow the rebels 'to re
main la this republic. "
NEW- YORK DAILY TRIBUNE, SATURDAY. OCTOBER 27. lOOfi
MAXIM GORKY AT XAPLES.
Praises A merica — His Literary
Plan* — Fiewt on Russia.
Naples, Oct. 26.— Maxim Gorky, accompanied
by Mine. Andreiva. arrived here to-day from
New York on board the steamer Prlnzess Irene.
M Gorky will go to Sorrento, where he will
complete hiß throe volumes on America. He
will also write a novel in which he intends to
set forth thn causes of the present disturbed
conditions in Russia. Tho Russian author said
he had not been dissatisfied with his trip to the
T'nited States, but, on the contrary, was sorry
he could not have remained there longer. "I am
enthusiastic about America," M. Gorky said,
"but my book will be confined to New Tork
State. My impressions were precise, vivid and
profound. I believe America has a great future.
It \b an excellent place for Russian emigrants,
who are good colonists and form flourishing
' Asked about the present situation in Russia,
M Gorky said he was not in touch with Russian
matters, but he had good reason to believe that
the Russian situation had been exaggerated in
the foreign press. He said it was impossible to
foretell the duration of the present crisis. He
did not think the next parliament would be re
actionary. He said he would never serve as a
delegate to the lower house. He plans to help
the Radian people with his literary work, be
lieving tins influence to be more useful than any
other which he could exercise.
PRECAUTIONS IN RUSSIA
Extra Guards in Capital but A'o
Serious Trouble Expected.
St. Petersburg. Oct. 26.— The garrison of St.
Petersburg has been strengthened by three regi
ments of infantry to assist in preserving ord«r
on October 30. Permispion has been given to the
Inhabitants to decorate and illuminate their
houses, but stringent orders have boen issued
against street demonstrations or meetings. Tho
Prefect of Police ha=« ordered the house porters,
who form a non-uniformed auxiliary police, to
remain constantly on duty at the doors of their
houses from October 29 to October 30 and assist
in maintaining order.
Demonstrative strikes are expected to occur
in a number of ciitos in the South, but these,
like, the one day strike at Ekaterinoslav and
other places, are anticipated to be merely tem
porary, and no serious menace to business or
traffic ip reported.
Lieutenant Genernl Mistchenko, who com
manded the Eastern Cossack Brigade in the
Russo-Japanese war. and recently was put in
command of the army corps in the Caucasus, his
been appointed Governor General of Tiflis. re
placing Governor General Timoseleff. whom the
revolutionists twice attempted to kill.
THREE EXECUTIONS AT WARSAW.
Warsaw, Oct. 26.— Three terrorists sentenced
by drumhead court martial were executed this
morning. More than 150 terrorists have been
NOBLES EXCLUDE M. MOUROMTSEFF.
Tula. Oct. 26.— At a meeting of the local no
bility held here to-day it was decided to exclude
M. Mouromtseff, president of the former lower
house of parliament, because he signed the
Viborg manifesto. M. Mouromtseff was ex
cluded last week from the sittings of the Mos
cow zemstvo and municipal council for the same
REVOLUTIONISTS KILL TRAITOR.
Mitau, Oct. 2fi. — A man named Sprogge, once
a promin-nt revolutionary leader in the Baltic
provinces, was killed here yesterday while on
his way to America, because he had betrayed
his party. He had just recovered from a wound
innlcted'on him by revolutionists.
PRESIDENT CASTRO WELL AGAIN.
Venezuelan Executive Takes TJp Duties of
Office Once More.
Carlos B. Figueredo, consul general of Venez
uela in this city, received a cable dispatch yes
terday telling of the complete recovery of
President Castro from his recent sickness.
General Castro, according to this message, re
turned to Caracas on October 24. reassumin?
the duties of his office on the same day.
The Venezuelan executive was stricken sev
eral months ago and has since been under the
constant care of physicians. It was believed
that he would not again take up the relna of
government and that Vice-President Gomez
would succeed him.
THE LUTIN TOWED INTO HARBOR.
Bizerta. Oct. 26.— The submarine boat Lutin
was towed into dock here to-night. Flags were
half-masted on the ships in the harbor and the
public buildings. The bodies of the crew prob
ably will be taken out of the vessel on Sunday.
SPAIN'S MILITARY CONTINGENT.
Madrid, Oct. 26.— The military contingent for
1907 has been fixed at l()0,ft(")0 men. .
The Minister of War to-day Introduced a bill
calling for the complete reforming of the army,
and bringing it up to modern requirements.
SIGNS OF TROUBLE AT KHARKOFF.
Kharkoff. Oct. 26. — In spite of the ord-.T poster!
by the Governor General to suppress any dis
turbance by force, the entire population of the
city is determined to commemorate to-morrow
the anniversary of the funerals of the twenty
fight mon who were shot by troops while de
fending barricades here a year ago. Factories,
schools and tho university will be closed.
THE DELTA UPSILON CONVENTION.
The Day Largely Given Over to Literary
Exercises and Dinner.
Mtddlebury. Vt.. Oct. With Governor Proctor,
active president of the fraternity, presiding, the
business sessions of the Delta Upsllon convention
her© were resumed to-day. At the close of the
regular business an elaborate literary programme
had been arranged for the remainder of the day.
Walter E. Howard, professor of history In Middle
bury College, was selected to deliver the oration,
and Arthur U. Pope, of Orove Beach, Conn., a
graduate of Brown University, to read the poem.
A brief public reception by Governor Proctor and
officers of the fraternity closed the exercises.
The climax of the convention came to-night,
when a dinner was held, at which there were many
prominent speakers. The Rev. Dr. James L. Bar
ton, of Boston, secretary of the American Board
of Commissioners for Foreign Missions, acted as
CITY NEWS IN BRIEF.
Dominica Chiavetti. who killed her alleged be
trayer, Nicola Ferrari, last August, changed her
plea of not guilty in the Supreme Court yester
day and was k»m to the State Reformatory for
Women at Bedford
From Monday, October 2», until further notice,
the Merchants' Association of New York will oc
cupy temporary quarters opposite its present
rooms on the ground floor of the New York Life
Building, as the offices In the Merchants' Associa
tion Building, Nos. 66-72 Lafayette street, will
probably not be completed until January 1, 1907.
Official announcement was made by the. Savan
nah Line yesterday of the appointment of Louis
Collins as assistant superintendent.
BOY KILLED BEFORE HIS HOME.
Samuel Swergenhoff, eleven years old, of No.
879 De Kalb avenue, Brooklyn, was Instant
killed in front of his home last night by
an automobile. Young Swersjenhoff was trying
to cross the street when a big touring, -ar
In charge of Lester Paulson, of No. -70 Union
street, lluckinsack, N. J., came dashing alone
and knocked the boy down. The owners of the
car, Sherman and Cornelius Earl, of x o . yj^
Mitin. street. kensa«-.k, N. J-. were in lv "
Nt table What was .more unexpected still, we
Sated! up in a biographical dictionary
diately luncheon was ended and found that the
statement was perfectly correct.-London Sphere. ,
AUTO STRIKERS FIGHT.
Chauffeurs Attack New Men in
Another fight In which several strike breakers
came, to grief resulted yesterday from the strike
of "the chauffeurs of the New York Transporta
tion Company. A line of trolley cars was kept
standing on Eighth avenue during the row. which
started near the garage of the company, at 49th
street and Eighth avenue.
The company had been training new men at
this garage, and, in the morning, twelve of the
strike breakers, In charge of special detectives,
were taken out to he transferred to the garage
of the company at 66th street and Second avenue.
■When they boarded an uptown car a crowd of
strikers and sympathizers sprang aboard and
tried at first to persuade the strike breakers to
leave. The detectives threatened to throw the
strikers off the car. and the fight was on.
The point of attack was not the detectives, but
the new men. Two of the new men were thrown
off and. to add to the confusion, women who were
on the car screamed and tried to leave the car
When the car started the fight continued until
Columbus Circle was reached, where the striko
breakers got off to take a crosstown car The
attack was resumed in the street, and six or me
strike breakers disappeared. The res * boarded a
crosstown car. th*ir assailants also boar dl "* «£e
car. The four strike breakers got off at Madison
avenue and were chased away by the crowd.
Joseph Collins, of No. 32S West 49th street * .as ar
rested on the charge of being one of the leaders m
President Richard W. Meade. of the company,
gave out a statement yesterday In which he said
the majority of the strikers were men who had
b«en in his employ for only a short time, a™* «J«
the old men had been forced into the movement
against their will.
BOYS WRECK A HOUSE.
Break Open Sideboard and Obtain
Uqvor — Damage Heavy.
[By Telegraph to The Tribune.]
Greenwich. Conn.. Oct. 26.— That two boys, one
nine and the other ten. could ,havo wrought havoc
amounting to over a thousand dollars in the resi
dence at Reck Ridge. Greenwich. Conn., of
Charles B. Reed, of New York, without having
stolen anything of value is accounted for by the
admission of the boys that they wore intoxicated.
They are now in the lockup and will be tried to
morrow. They are Frank Martin, aged nine, and
Albert Holland, aged ten. The boys confess that
they entered the house, which was closed for th«
winter, with the expectation of getting some
money, but say they became hungry in the search
and broke open the sideboard, and. finding some
bottles of whiskey and champagne, broke the
nfeks from the bottles drank therefrom, as they
had seen their fathers do. and then wrecked every
thing they could lay their hand upon. :-••
Neighbors noticed the damage and notified < hier
Ritch of the police, who found upon investiga
tion that much furniture had been smashed and
other damage done. One bed had been slept in.
and near It was a whiskey bottle, half empty.
Young Martin had been found drunk on Wednes
day nlcht. and candle grease was on his clothes
when he was arrested. Holland had his pockets
filled with calling cards of Mrs. Reed.
Mr? Reed, who was seen at the Hotel Marl
borough last night, is inclined to think there Is
some connection between the theft of her calling
cards by young Holland and the fact that three
weeks a*ro an unknown woman ordered a lot of
srnods In her name at various New York stores and
had them sent to another part of Connecticut.
Mrs. Reed paid that her husband had left for
Greenwich to prosecute the young vandals. She
places the damage .ione by them at $3,000. Mr. and
Mrs. Reed tfpend their winters at the Hotel Marl
liorough in this city. Mr. Reed is a printer of rail
CORTELYOTJ TO RETIRE.
He Will Give Up Chairmanship of the Re
publican National Committee.
Washington. Oct. 36.— Postmaster General Cortel
you will retire from the chairmanship of the Re
publican National Committee before he becomes
Secretary of the Treasury, succeeding Secretary
Shaw. This statement was made to-day on excel
lent authority. It has been generally understood
that Secretary Shaw would retire from the Treas
ury on March 4 next, but an intimation was given
to-day that he might Fever his connection with the
department between January 1 and March 4.
Harry S. New. the vice-chairman of the Republi
can National Committee, will. It is expected, assume
the duties of the chairman when Mr. Cortelyou re
MAGISTRATE CENSURES FESTETICS.
Tells Count Case of Alleged Abduction Is
Nothing to Laugh At.
Magistrate "Wahle, in the West Side, court, yes
terday morning, adjourned the case against
Count de Festetios, who is accused of abducting:
his Infant boy. It will come up again this morn
ing, and the magistrate urged counsel for 'ioth
sides to reach some agreement so that the coun
tess could see th<» child. The count charged that
th© mother of the child was a confirmed Chris
tian Scientist, and. therefore, not a fit person to
care fnr It. The countess pleaded with the
magistrate, to compel her husband to let her see
the child. The magistrate remarked that there
were som« inhuman features about the case he
did not like, and declared that while there ap
peared to be no criminal case against the count
he thought it was one that should excite th»»
sympathy of any man.
Under examination th« countess admitted that
nhe attended a Christian Science i-hurch. read
its textbooks and that her daughter was a "r>rac
tisingr Christian Scientist." but that she herself
would "cut off her right hand to save, her child."
She said she tried "healing" after everything
had failed. Th^ lawyers for the count said the
child had a disease, called hapmorphilla. When
the countess was asked if the child had a dis
tase she replied:
"Yes, according to medical view."
■ The count and some persons accompanying
him laughed scornfully when the magistrnte re
marked that the father had a right to the child
if its home was unfit, hut that he had not found
out yet that It was. Magistrate Wahle turned
on them and declared tru- matter was nothing to
evoke laughter. He said it was "one of the
most pathetic cases" brought before, him in
TRAINMEN END CONFERENCE.
Lackawanna Employes Await President
Truesdale's Action Next Thursday.
Scranton. Perm., Oct. 26.— Committees represent
ing the engineers and firemen of the Delaware
Lackawanna & Western Railroad system hay«
ended their conference here with General Superin
tendent Clarke without having obtained satisfac
tory redress of their grievance*, They will take
the question up with President Truesdale, with
whom they have an oppointment for next Thurs
The principal Krlevance Is that men In the small
yards and on the helper engine.* are on a twelve
hour shift, while the men on the road and in the
tf-rmlnni or junction yards have a ten-hour day.
1 n-r<- are also minor grievances regarding wages
and hours on various runs.
SAYS FRICK ANARCHIST IS ALL RIGHT.
Head of Pittsburg Detective Agency Inti- j
mates That Berkman Will Not Lecture. i
[By Telegraph to The Tribune] }
Pittsburgh Oct. Plttsburg detectives refuse !
to get excited over the report that Alexander
Berkman, the anarchist, was kidnapped while
on his way to Cleveland to lecture. Harry Per
l-ins, of the Perkins Detective Agency, employed
Ijy H, < '. Flick to watch Berkman, said, "Berk.
■ian is all right. Ho only thought he was going
to lecture in Cleveland. People gel thus,, itlens
sometimes. He chansed his mind at the last
moment." Perkins intimated that all attempts
on the tiart of Berkman to lecture would be ;
Buy by this Mark.
Those ive make the best, not
because ive say so, but because
<we make them so.
EARL A- Wir^<VV
QUARTERLY MEQTINrj OF THE AMERICAN IN
stitute. Thursday. November Ist, IHO6 at 19 West
44th St.. 8 p. m. R. A. B. DAYTON. Secy.
NEGRO REALTY COMPANY SUED.
Stockholders Accuse President of Misman
agement of Its Affairs.
About thirty-five stockholders of the Afro-Amerl
can Realty Company, of which Philip A. Payton,
Jr., Is president, are dissatisfied with the way the
company has been conducted, though the company
is In a flourishing condition. They have, begun
through Wilford H. Smith, their counsel, an action
In the Supreme Court to get back about $5,000
which they invested In the company. They aver
that Mr. Payton has n«t managed the company as
he promised to do. Among those who have signed
the complaint are Charles J. Crowder. Frank S. Ar
mond, James H. Gordon. Robert EJyer and Robert
The company was Incorporated with a capital of
$500,000. It has recently been active in buying
and leasing fine flathouses m the West Side, to be
occupied exclusively by Negro tenants. In one
section the property owners bought the house which
the company had leased, thus ending its lease.
They did so to preserve the value of the block, as
they believed, they said, that white tenants would
not live in a section in which there were Negroes.
Mr. Payton has repeatedly said that his realty
operations on the West Side hive teen carried out
with the sole aim of finding better housings for
Mr. Payton 6aid last night that he had heard
that certain stockholders were not pleased with
his management of the company. "I am not wor
rying about the salt brought against me and the
company." he said. "I'll not lope any sleep over
Sunrise «22 Saasat .">:'"'•" Moon rises 1:3."> Moon's age 7
A.M.— Sandy Hook 4:fMjGov. Island 4:2«IHell Gate 6:10
P.M. — Sandy Hook 4:l2|Gov. Island 4:35>iH««1l Oat» «:3I
The Philadelphia, which reported to Plasconsett.' at 7
p. m.. yesterday, when 140 miles east of Nantucket South
Shoals Lightship, will dock to-day about i):3O a. m.
Veeeel. From. Line.
•Unibrla Liverpool. October 20 Cunard
•Philadelphia Southampton. October 20 . . . American
•Terence Barbados. October 2". . . . Lamp & Holt
Exeter City Swansea, October 13 Bristol
Gtulla Almeria. October 12 Austrian
Concho Key West. October 20 Mallory
Alamo Galves-.on. October -<> Mall
Xl Monte Galveston. October ... Southern Pac
City of Memphis Savannah. October 24 Savannah
SUNDAY. OCTOBER 28.
•Columbia Glasgow. October 20 Anchor
•Maracalbo Curaeoa. October 21 Red D
•Maracas Port Spain. October 20 Trinidad
Celtic Liverpool. Octsbar 19 White Star
Blucher Hamburg. October 18 Hamb-Am
MONDAY. OCTOBER 29
•Zeeland Antwerp. October 20 Red Star
•Ryndam Rotterdam. October 20 Rotterdam
Cretlc Naples. October I>> White Star
City of Columbus. ..Savannah, October 26 Savannah
Proteus New Orleans. October 23 . . .80 Pacific
TUESDAY. OCTOBER 30.
•X "W der Grosse Bremen. October 23 X & LJoyd
•Caronla Liverpool, October 23 Cunard
•Helllg Olav CBrlatiaaaaad, October 20. . .ScanJ-Am
Mesuba London. October 20 At Trans
Concbo Galveston, October 24 Mallory
El Alba Galveston. October 24 So Pacific
Vessel. For. Una. . Mall closes. sails.
St. Louis. Southampton, American... «:oOara 9:30 am
Lucanla. Liverpool, Cunard 8:30 am 12:00 m
Kronprinz Wllhelm. Bremen. N A3 I*., 8:30 am 12:00 m
Finland. Antwerp, Red Star. ._. .;;.... l»:3O a m 12:00 m
Philadelphia. Curaeoa, Red D. ...:.... 8:30 am 12:0O in
San Juan. Porto Rico. N V & P 1 It 9:00 am 11:00 am
Morro Castle. Havana. Ward , 10:00 am 1:00 pm
Prina Waldemar. Jamaica. Hamb- Am. 11:00 a m 2:00 pm
Tagus. Colon. RMS P .-. 12:30pm 3:00 pm
Astoria, Glasgow, Anchor ,^,- 2:00 m
La Gascogne, Havre. French '. 10:00 am
Mlr.netonka. London. Atlantic Trans... 2:oopm
Konlgln Lulse. Naples. N G Lloyd 11:00 am
Pretoria. Hamburg. Hamb-Am — — 1:30 pm
El Valle. Galveston. So Pacific. ',-li — — 3:00 pm
El Paso, New Orleans. So Pacific 3:00 pm
Denver, Galveston, Mallory 3:oopm
City of Atlanta, Savannah. savannah. — — 3:oopm
Huron. Jacksonville. Clyde 8:00 pm
Princess Anne. Norfolk. Old D0m,.... 3:00 pm
MONDAY. OCTOBER. 29.
Phidias. Argentina. 9:30 a m 12:00 m
Jefferson. Norfolk. Old Dominion 8:00pm
TUESDAY. OCTOBER 30.
Slegmund. Argentina. Sloman 12:00 m 3:00 pm
Pannonla. Naples. Cunard ...... 12:00 m
Rosalind. Newfoundland, Red Cross... 12:00 m
Manzanlllo. Clenfuego6, Ward 3:Oopm
Comanche. Jacksonville, Clyde. 3:00 pm
City of Memphis. Savannah. Savannah. — 8:00 p
Hamilton. Norfolk. Old Dominion 8:00 pm
Destination and steamer. Close In N. V
Hawaii (via San Francisco) — Alarceda. .Oct. 30, 12:30 am
Hawaii, Guam and Philippine Islands
(via San Francisco* — U S Transport. .Nov. 1. 12:39 p m
Australia (except West). Fiji Islands and
New Caledonia (via Vancouver and
Victoria. B. C.) Moana Nov. 4. 6:00 pm
Port of New York, Friday, October 26, 1903.
Steamer Terek <Br). Callahan. London October 10 to
Philip Ruprerht. In ballast. Arrived at the Bar at <J:3O
Steamer La Provence. (Fr). Alix. Havrn October 20 to
the Compaßnle Generals Transatlantlque. with 660 cabin
and SfiT> steerage- passenger*, malls and mdse. Arrived tit
the Bar at 1:25 r> m.
Steamer Navigator (Nor). Jacobsen. Windsor. N* 8 Oo-
her 23. to J B Kin* ii COt with plaster. Arrived at the
Bar at 10:10 a in.
Steamer Rio Grande. Earstow, Mobile October IS and
Brunswick Octol<r 23. to >" H Mallory & Co, -with pas
te r.gers and nods*. L*H Quarantine at 11:05 am
Steamer Cubana (Cuban), Baker. Havana October 22,
to the United States Quartermaster Department. In bal
last. Arrived at the Bar at « p m.
Steamer Princess Ann. Tapley, Newport News and Nor
folk, to the Old Dominion Sa Co. with passengers and
mds?. Left Quarantine at 2:30 pm.
Steamer Seneca. O'Keefe. Newport News, to the Old
Dominion Ss Co. with md«a. Left Quarantine at 4:10 a, m
Steamer Trave men. Petermann. Baltimore October 25
to Oelrlcha A Co. In ballast. Left Quarantine at 720
a m will load for Bremen.
Bt«amer Lothian (Br). Williamson. Philadelphia October
25. M Sanderson A Son. Anchored in Quarantine at 6:20
1 Sandy Hook. NT. Oct 3rt. 9:30 p Wind southwest,
light breeze; hazy. ~**
Steamers El Dia, Galve»t.->n; Sablne ißr) Cape Town
AlROa Bay etc; rutntla .Cuban). Nuevltas. Gibara etc :
Advance. Colon; I 11. r (Nor), St Kltts. Barbados Denied
rara. ••!■; Hamilton. Norfolk and Newport News- Prins
Frederik Hendrik (Dutch), port au Prince. St Marts etc '
THE MOVEMENTS OF STEAMERS.
Queenstown. Oct M. 7:1.'. r m— Arrive.!, steamer Cedrtc
»Br>. Haddock, New York tor Liverpool (and pr»-
Eouthamrton Oct 26. 4:45 p m— Sailed, steamer Katserln
Ausuata Victoria (Ger). Kuser (from Hamburg) New
York Ma Cherbourg. "•
Uavrc. Od 4 a m— Arrived, steamer La Tou.-alne <™-
pt S^Hu^^^ mer Am6ric * ™' *«**
Montevideo, Oct 25 — Arrived previously, ' ' ' m " otto
Sverdrup (Nor). Mlchelaen. N«w York " l " m ' r otto
Barbados, Oct 26— Sailed, steamer Honorlus (Brt Wlll-
Urn. (from Buenos Ayre*). Boston and New York
Lizard. Oct 2t>. 4 a m— Passed, steamer Noordam (r>utch>
Stenger, New York for Boulogne and Rotterdam
Naples. Oct W. 7 a m— Arrived, steamer Princes* Irene
(Ger) D r em a . n n n oa> N. W York via Gibraltar "and
proceaded for Genoa). l aa
Fastnet. Oct M— Passed, steamer Armenian (Br) - Stark
New York for Liverpool. oiara.
Malta. Oct 25— Passed, steamer Rhelnfel* (G er ) ♦>—
• •alcutta for Ho»to n and New York lv "="> from
Tyne. Oct 25— Sailed. »teamer Amberton (Br). WlUlama.
Bermuda. .;• -^ W A-rnrt. MlWll Herm.ullan
S ' a^;^N^S ! o;k 7o^ar^r r llrtken iNm p.
■ « V rk f..r BareehMM
2 "* 1 "'"' 1 ' ""■ amer »>tersburs 'Hi!,*.. for
Otbraltar, Oci 2fl ■•.-■■ | ,-,,,...,. r UmUit , , 1!Ell
i2Si4r B »Sw*' usr Trim * Fium# - '■ i " iml> - nS
EMPIRE TIIK E\ T^ :I r^n% T^n.^
JOHiV DREW „„»*&^p
PARRIPIf '/IXKATOK. 2Sth St.. near Broadw«
-anniUß W s>ssJassS:U Matins To-dar'"
WM. GILLETI - *%£Z »**
savoy n »r > i&rs&i.
FAY D,.Vi^ |"Vsg&
Ml Hi h'> Broadw »y *>><> «th strwt.
..V,Vt; . U Ev K s. *: 15. Mat. To-d»r
•SUCCESS."— Sun. "SCCCESS.-_T.m..
SAM BERNARD THE Kirn "
.\ M I)LK>AKU MX H)M ,,,^ ;|HMFR
HUDSON *•$£** W/5-
CRITERION Evenings % : IS. Matinee
HATTIE WILLIAMS. I jT ( I,• nu ,-i
the (creat Musical Play. Lit iLfc bilCnUn
JAMES BUKELET. TOMJft I^EVndjaVmAlT"
KNICKERBOCKER TIIE.\TRE. ffway and JSuTsI |
E\eninjfs «!15. Matinee To-day '-l?
MONI GOMERY & STOa£|>!^
LYCEUM 45th MaU^.]^.r s ;^;
400th Time Oct. 30. THE JON AMI MOUSE
souvenirs IncLIUNTiiE IvIUUSE
••SUNDAY EVE. 8:30. .MONDAY M\T \ r ■»
BURTON HOLMES ™ s^
Colored View* and M,,..., Picture*
"NAPLES & NEARbY"
Popular Prices, 51.50 to 9Sr. Seat* McUaa*.
NEW AMSTERDAM ""'V. l^ SK^ffiS
irvTng- M!S3 Dorothea •r.T^r 2^-
IRVING - BAIRD L^!]nW I
To-nlsht-Ktaff ■— Tl, Daoghter * Th* Ljo^lalT
TCES.. OCT. 30. Seats Now on <vi,
Klaw * ErlangerjMH. FORBKS-rorkrtVov
will present Ml>. i.KKriil m Fl 1 iV«W rI
BROADWAY V™T"S,,f ssr ;.•.
Klaw & Erlanger-s Production of Oe». u,S^
THE PRIMCE or IND A
Dramatized J. I. C. Clarice. Mas. Prof Horatio Parhsr
**- NURSE MARJORIE &a»a.
daly's rHE^ T Bwa^ and 3 Str.,l
UAL I O TO-NIGHT 11:13. Maw. W-d. and |»t
RICHARD CARLE " " T cc ™ Q
VICTOR HERBERT and his ORCHESTRA.
SEATS SOW OX SALE.
NEW YORK is^wT dd w:nd*-4w :nd*-4V h SySal
CHAUHCEY OLCOTT n^|g ?SSs|
SH'-RERT and ANDERSON* Manaaaw
Sixth Ay.. 43d to 44th. TeL 3400— Bryant.
4 SOCIETY CIRCUS T iSiHSi
Nights 25c. to $1.50. Dally Mat. 25- to H
To-morrow Night. #^ II C A an( j H! ,
I^-t Fall Concert OUUoA Band
\l VOIO *""-"-t TeL 184« Bryant.
LiniU Eves. 8:15. Last Mat To-day. ; is
, VIRGINIA FARMED !£3S&
'■-»• Week— Lena AshweU In "Tke Shalamtte."
PRIMP£CC Evß S:ro. Mats. To-day * Thur .: 20.
rninuCOO Seats Selling for 12 Week*.
WAKGARET 1 The Great I HENRY
UtUa I Divide. J MILLER
\ CASINO B'way St T-l. '.-US Brvar.'
\ bflolnll MY 8:18. Mat MAID
_v_ -L MY LAD/'S MAID
\ Lew Fields' Herald Sq. r^\^i^^
\ All Star Co. in ABOUT TOWN tTrl^
MA ItQTifi Bro »' ivra and "th. TeL 3500 Cols.
THE TOURISTS"-"-- 1
Month. I» C 1 Wl - | V' J 1 J day ■.■■-.ncrta.
LINCOLN x Q H^ f i rr a .r^;
b^Sin'" v OPENING NEXT TUESflif
GUY STANDING TUC love DflllTP
and strong Cast In IflC LUft IfC/tf /g.
AST OR VIOLA ALLEN ckoW
■ MANHATTAN BwaT - " ■«• Et *> «^
I UUA(E GEORGE. ■( LOIHE- ■
UAPVCTT Evenings i:3O. MAT. TO-DAT lli
riAbKCI I 2d Month n_ .8. 8 «f« f li lnT ll- 1 - x
Thea. 42d st W. ot B - way nlioS 0 13111 Chorus Lady.
ACADEMY OF ML'SIC. 14th St. & Irrin* PI
Thereat "CiPE COD FOLKS"
rural play. UArL UUU F U L IV 0
Prices -5. 50. 75. 1.00. Mats. "Wed- & To-day. S. Evg.S:ls.
Rl ir>lf ST— j SMMIH MM Tl Sail | 15 Mr*.i
DltlUU H| a i Mat. >ext Thursday. Not. Ist
When We Were Twenty-one.
NAT. C. GOODWIN jr.™
A£% 1 1 A A LAST TIME THIS SEASON.
V 1181 %a! A AT THE HIVPOHKOMB
mUI LI 13 tJ &A To-mor. iSun.i Nisht. B:3*.
*Jsy sr^ ■ 3 Soloists. Seata Soiling Now.
ID VI V n Place Theatre. To-day Mttl
*> v * 1^ V» nea an( j Evenlag. Last Ttaes
"Dor Friratdotcat"! "TIM Colles« Lecturer").
U/mt7D>C B'way 4 ZMh. Phona 235 i) Mad. Bs I
fVLDLIV 3 Evenings S:ls. Mat. To-day. 2: ll I
THE MEASURE OF A MAN |
IPIDnCU Theatre. 27th St. * Mad. Aye. Evgs .l:ll I
UflnULll SOUVENIR MATINEE TO-DAT. I
AN IM-MEDIATE "SttCESS." 1
I CLAY CLEMENT in SAM HOUSTON!
CLAY CLEMENT in SAM HOUSTON!
ECARNEOiE HAM.. TTH AYE 4 STTH ST.
IN" COLOR AND MOTION PICTURES.
5 SUNDAY EVENINGS
AT S '.5 SHARP.
THE RHINE .... ■ II
«.\V'T/K UVND « 91
NORTHERN ITALY '..'... DEC. *
SOUTHERN ITALY t »
BOURSE TICKETS. Tu»s.. Oct. 30. 9 A. M.
Prices $6. $5. $4. $5. $: M Mail Orders No».
SINGLE TICKETS. Wed.. Nov. T. 9 A. 11.
HAMMERSTEIN'S <: V;... B rv y^U thw
DAILY MATS., | -MOTORING." with Harry
25c. and 60c. | Tato & Co.. Jr.-« T. Kelly. »tc.
Afll Hill II Bway Mr. Braaaby William*, lit
I ■111 IINI A I and Great Lafuyette. Brrt Le-.ll*> *
I . WLU 111 HL 62 St. Co.. The 5 Major*. Eva *»•»*•
\J Mats. Dally, tit Julius Taanen. and others.
II UIIIDDl MATS The Fay*. DelU Fox. «*
fll Hfl!TlnHlr' An - V X Ayrea 4 Co.. RoomrT •
HLIIHiuUiIM 23c. j Bent. Arrol. Bros., otiur*.
DCI lOAA THEA. s>»l II Mat. To-day. t.aSTI
DC L A « l» U David Bclasco presents WEEK 3.
BLANCHE BATES ?u?5&Sg-Jkz
MADISON SQ. T ?^£S53
""£* CARIOTTA Nl LSON m
¥™Hf THE THREE OF Jjg
iuwntinnnnwT ■mi Thur Eve. ■-'«'■•
re^tau \ AUGUSTA COTTLOW.
SEATS. $1 AND |1 I • at Hall and M East 17t» »•
STEIN WAY PIANO V.SEP. ___^ .
Its First TrlaT !n »w York <"!tr
NEW VOKK I'NIVEKSITY *»- >TETK!»
OHIO FIELD. SAT CROAT. OCTOBER I?** 1
Seals on Grand Stand. Fifty Cents. .
Tak* Subway transfer. I Slat Street to Asa" 33 * 1
Avenue Trolley, direct to Field.
MADISON SQUARE GARDEN
AMERICA'S LARGEST COMMERCIAL EVK»T
Oprn* To-utsht at 1 o'clock.
Ailnit—lon 30c. .
FOFIN! WOULD in wax. <l*ll * 1 J a i T*'
i^U ML, IV CINEMATOGKAPR tr*ff HouQ^
Ml) SEE L Artol N-.m.lltan*. PAN " l ' L.
The Turf. ______
"racing AT JAMAICA
OCT. !i TO NOV. 5. INCtrSHE.
TO-DAY. » UN™™ »£s£& .
and four other races. besrtnn'nK *» 3 ,.»» ll'-'*
Trains leave Ka,t nth st U:S'>. I-, I *,- ,-W !3*
1:00. 1:70: Flaibu-ih .We.. I=ls. lt:3£ 1? ti t ion S^ 2 *
110 TroUe>* from Jamaica and last »t»tion »
Co. -i. direct to track every few minute*.
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