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COOLIES BARRED OUT.
PRESIDENT GIVES ORDER. Suits Against San Francisco School Board Dismissed. Washington. March 14.— President Roosevelt to-day issued an executive order directing that Japanese or Corean laborers. skilled and un skilled, who have received passports to go to Mexico. Canada or Hawaii, and to come there from, be not permlttted to enter the continental territory of the United Btatea. This is prac tically the final chapter, except so far as the question may be taken up In treaty negotiations with Japan, in the Issue growing out of the dif ferences with that country over the action of the Ban Francisco authorities in prohibiting Jap anese school children attending the schools set atlde for the whites. Authority to refuse per mission to the classes of persons cited by the President to enter the continental territory of tht United Elate* la contained In the Immigra tion bill approved on February 20. it was In corporated in that measure at the request of the President, and in fulfilment of a promise he made to Mayor Schmitjt and the School Board of Far. Francisco in the negotiations at the White House, if the San Francisco author ities would rescind their action on the school question. The promise of the President and that oC Mayor Schmlts and his associates brought to a close the controversy over the school question, which had given the Washing ton authorities considerable concern. The Pres ident's order follows: Whereas. By the act entitled An act to regu late the immigration of aliens Into the United Crates, approved on February 20, 1907, when ever the President Is satisfied that passports Issued ly any foreign government to its cit izens to go to any country other than the United States or to any insular possession of the United States or to the canal zone are being used for the purpose of enabling the holders to come to the continental territory of the United States to th« detriment of labor conditions therein, it Is made the duty of the President to refuse to permit such citizens of the country Issuing such passports to enter the continental territory of the United States from such country or from such Insular possession or from the canal zone. And, whereas, upon sufficient evidence pro duced before me by the Dei»artment of Com merce and I abor, I am satisfied that passports issued by the: government of Japan to citizens cf that country or Corea and who are laborers. eWlled or unskilled, to go to Mexico, to Canada and 10 Hawaii, are being used for the purpose of enabling the holders thereof to come to the continental territory of the United States to the detriment of labor conditions therein, I hereby order that nuch citizens of Japan or Corea. to wit. Japanese or Corean laborers, skilled or unskilled, who have received pass porte to go to Mexico. Canada or Hawaii, and come therefrom, be refused permission to enter the continental territory of the United States. It Is runner ordered that the Secretary of Commerce find Labor be and he hereby is di rected to take through the bureau of immigra tion and naturalization such measures and to make and enforce such rules and regulations as may be necessary to carry this order into effect. THEODORE ROOSEVELT The White House. Washington. March 14. 1907. Coincident with this order the President has directed dismissal of the two suits filed in San Francisco at the direction of the Department of Justice which had In view the testing of the Question nf the treaty rights of Japanese children to enter the white schools. This step the President had promised to take when the echool board rescinded its original action barring Japanese children from the white schools. S«n Francisco, March 14. — In accordance with instructions from Washington, United States Attorney Devlin to-day had a formal order of <!Itm!eß*l of the Japanese cants entered In the f« -iTal court. Similar action was taken in the Stare Supreme Court. KIKE JAPS ADMITTED. Little Girls Enter Primary School in San Francisco. San Francisco. March 54.— Xir.e little Japan ese girls, mho had applied for admission to the Reading Primary School this morning, were ad mitted la to to-day after an examination a a to their kiowledge of the English language. BROWNSVILLE BULLETS. Expert Testimony To Be Important Part of Investigation. Washington. Ma; eh 14.— Expert testimony con cerning ammunition and guns will Ye given before the Senate Committee on Military Affairs within a few days, perhaps to-morrow. This will include a report of the results of the microscopic examina tion of the bullets extracted from the walls of houses in Brownsville and the cartridges picked op ■ the streets there. From these reports It is ex pected the committee will be able to form an opinion as to whether the bullets found were fired from guns In the hands of Negro soldiers or citi sens had obtained army ammunition and fired it from rifles of another make. This is regarded as by far the most Important evidence the committee bow has In view. Several days ago IBS committee returned to the TVar Department the exr.itilu of bullets and car tridges sent to the Senate by the President la con nection with the Investigation made by Assistant Attorney General Purdy. Yesterday the committee again called for these exhibits, which consist of tl.irty-three shells and six bail cartridge*, and to day two letters were received from Secretary Taft. The first said that he had sent the exhibits to the arseiial at Springfield for microscopic examination. Be estimated that it would require about a »■<*•« to get th* exhibits back, with a report, but th* second letter reports later advices that the ex aniiiAUoa of the shells was to ba competed To-duy and that the oflicer conducting the examination had • •1. directed to bring the auells and bull cur tnd*eß, together with a final report of bis whole Investigation. report Ural submitted," says the Secretary, "Hta.!«d what I believed and what th« eflloers be lieved to be correct conclusions, but tho Investiga tion* had not beun as broad in scope as the o;.j,'.r tualty offered, and I therefore directed a supple tunmal or final report on the subject, which, to gether with the report already here, will. I hope be submitted to you at the hands of the officer making the Investigation at jour meal to-mor row If you <i>^-:re to hear him an 4 to tak« this n-j&tter up at that time It Is possible that the oflicrr will be stayed In coming from Bprlngflel<l until Bstardsr.T The witnesses testifying to-day were Kelson Huron, a sergeant; Otis C West, a private, and *oan li ninnel. a cook, all of the 2Cth Infantry, which BSaosaaf the Katftw troops at Fort Brown. Their statements dealt largely with the character of th* people at Brownsville and their hostility to fiddlers and threats made against Negro soldiers when they should arrive at Fort Brown. Huron testified that government ammunition was bought at a saloon in Brownsville, and West tent! fled that he saw uniforms and bandoliers on the buck porrhes of the barracks, end that Mexicans rumrasßed through these piles without hludrance. Or.c day he turt a twe!ve-year-cld Mexican boy with a hat partly nlled with t-art ridges. The boy showed him the cartrHses. and when asked where h* got tf'.em be pointed toward the barracks and said: "I am going to tak<* them downtown and •*•!! then to snoot triggers' with." The witness «»i^ there were other hoys in the party. West said that a strip about fifty miles wide and one h\m <i"«-«1 rr.i'cs long: In the section In which Hrnwnn tXM Is situated seemed to be a dumping ground ' r !' '!:«> i/twi- element. '•< > '•» '••■o««-*xarali «•" Strjßtf.-r Culberson admitted t'.iat he knew little of the character of the towns in tiie section named. COFFEE AILS LEAVE WHEN YOU USE POSTUM - There's m Reason." O«t th* r.«:ie beck. "The Road to W«Mvill*." CALLS MEETB T fr PACKED J. G. AGAR MAKES CHARGE Prevents Vote Being Taken at Water Storage Conference. [By Telegraph to The Tribune. J Albany. March 14.— After tha conference of delegates from various boards of trade and municipal bodies held her© to-day to discuss tha proposed constitutional amendment to per mit tho flooding" of state lands John Q. Agar, of New York and New Rochelle. practically charged that the meeting was packed by water power people. He said he found that a vote was to be taken which would have been binding. Ha protested ag-alr.et It: and no vote was taken. This unexpected outcome of the. meeting has •et the Capitol buxring. This conference was called several days affo by tho Albany Cham ber of Commerce to discuss the proposed Mor rltt constitutional amendment. Invitations were Issued to municipal organizations and others interested ln water storage. When Mr. Agar arose to speak he said he found a formal vote was to be taken, though when his organization, tho Society for tho Protection of the Adiron dack*, received Us Invitation he understood that any action taken would be merely to rog- Ister the sense of the meeting. Later he Issued this statement: I was surprised to find that the convention was fathered together for the purpose of taking a vote of those who were present, because out of tne larca number of people invited very few attended from the state at large, and those views were al most entirely from sections having private axes to grind in opposition to the Interests of ail the peo ple. The vote, therefore, could not indicate any thing except a desire on the part of persons who were backing this conference to get advertising out of it. 1 do not believe that the Chamber of Commerce of Albany was a party to this effort to back the conference and use it for purposes for eign to the original Intention. _ ,_ I stated in opening my address that I cam* •im ply i., give Buch Information as our association wished to lay before the conference as to the mean ing of the amendment and the policy behind It. I did not take any further part In the proceedings and think that the methods employed should be thoroughly understood. , 1 ma y add that various boards and associations from New York City refused to attend tho con ference becauee they sus; ected that such an effort would be made. .. I gave careful attention to the various addresses that were made, and found that those people who were In favor of the resolution came from parts or the state which would b« eepecially benefit and from corporations which had acquired vested In terests of those which were trying to acquire vested Interests in the Adirondack Park. I am sorry thet the opportunity of having a real representative convention was lost ami that a fair Impression of the views of all sections of the suite was not had. because I really believe that the overwhelming sentiment of the state Is against the passage of the resolution and the consequent de struction of the forest and the acquisition of vested rights in its water power. H. B. Bryan, repwenttnc the Citizens Asso ciation, of Hudson, had to leave during the dis cussion of the amendment. He asked to be re corded against It and smilingly remarked that he supposed It would make no difference, as "the na::;es of the delegates would make a very good mill and power directory-" Another dele gate explained how the delegation might have been "packed." "Why, it was all beautifully simple," ho said, "when the Invitations wore sent out to the va rious bodies to send delegates they were asked to state if they would accept, how many dele gates they would send, and if they were for or against the storage plan. As soon as Che re piles were received they could have wired to the delegations thai were for tno amendmennt to send so many extra delegate*, enough to glva them a decided majority." Attention was. called by many here to tho at tempt!* that the pro-amendment men have been making to create public sentiment in favor of this proposition. Prejss agents had worked untir ingly in this direction. It was said, and nothing* had been left undone that could create public opinion in tavor of the legislation. Mr Ag-or at the meeting spoke at length against the amendment. He showed danger of the usurpation by private interests of what was intended for public benefit. "It this amendment was adopted It will result in the acquisition by private interests of In vested rights which the state will afterward re quire." he bald. "Medical testimony Is very strongly to the effect that promiscuous construction of dams and reservoirs will effect detrimentally the san itary conditions of the Adiron<la< kg. If the amendment were passed it would open the whole Adircndacks to the building of dams and reser voirs. •The passage of this resolution will retard the general Industrial development of the mate, be cause It will allow private Interests to acquire vested rights in water How a, id water power that will enable them to charge higher rates for power and thus prevent the genera] devel opment of power plants." Assemblyman Merrltt ?pok« for his amend ment. He urged that the people of his section wanted it. and that it was so drawn that the Interests of the state were securely guarded. He asked for some other plan which would solve the problem, if this were not approved. Although It had been Intended to vote on the, question of presenting resolutions to the Legis lature favoring the passage of the amendment, no vote was eventually taken. WEMPLE TO AMEND HILL. Not Intended to Apply to Steintcay Case, lie Says. [By Telegraph to Th« Tribune. 1 Albany. March 14.— Senator Wcmple declared to-day that his railroad bill, denounced by Travis M Whitney, of the Citizens Union, us a dangerous bill, permitting revival of dead fran chises, would be amended bo as not to possess any objectionable features if he became con vinced that it would permit railroad grabs. It was not Intended. Senator Wempl* explained, to apply to the Stelnway franchise or the West Street grab or any of the other grab schemes, and he would see that It was not passed in any form detrimental to New York City Interests. "As I explained yesterday, this bill was left for Introduction by a constituent of mine." said Senator Wemple. "Following the usual cus tom. I Introduced it, but I am not responsible to any further extent. The man who wanted It Introduced is a prominent citizen of Bcbeneotady and Interested In a newspaper there. lie was formerly interested in a railroad which was projected to run from Canada to New York City. This railroad is out of business, or. rather, never was completed, although I believe some hundred thousand dollars was spent in construc tion work. The franchise has now lapsed, I suppose this man is Interested in protecting his money." Mr. Whitney, of the Citizens Union. said that when by amendment of the bill it wan made plain that the measure would not revive schemes affecting New York City the union's Interest in the measure would cease, but until that time it would be watched dose! UTILITIES BILL HEARING. Set for March 27 — Opposition to the Bill Active. \T\y T>l»ST«|>!! to The Tribune 1 Albany. March —The Senate Judiciary Com mittee and the, Assembly Railroads Committee, in Joint session, will give a hearing on the Governor's Public Utilities bill on March 27. Great Interest is botng expressed here as to the interests which will appear in opposition to the measure. Representatives of the various transit reform or ganizations of New York City will be present to advocate the bill because of the local commission wniea it creates. Senator Pago and Assembly man Merritt, the bill's introducers, will argue for It If necessary, but th*- significant part of the hear ing will i),- the opposition manifested and the lines taken uy its opponent*. Apparently quiet. Judicious work is being carried on here by Interests antagonlstls to the reform prourumme contemplated by the Governor's meas ure. Some of the Senators who have been promi nent In fighting such bills as the 80-Cent Ga« Mil, the Elsberg Kapid Transit measure and others of like character are studying every sentence of the bill with a view to knocking hole* which would permit their pet Interests to escape its restrlcttons. Close wi±u-h*ls being kept on every man in i ie upper house by certain New York corporations, and tin* opinion of practically every Senator about the bill is known to their agents. These agents will register ever shift of the legislative mind concerning the bill and los« no time in taking ad vantage of any such shift or sssmlng lack of pub- Uo demand tor tha till. NEW-YORK DAILY TRIBUTE. FRIDAY. MA ROT 15. 1007. MOEEDELATFOBKELSEY HIS HEARING POSTPONED. Governor's Friends Fear Result if Dilatory Methods Continue. my Telegraph to The Tribune.! Albany, March 14. — Still further delay waa ob tained ln the Kelsey hearings to-day on the*pl«a that ex-Justice Hatch, Superintendent Kelsey*s chief counsel, was too 111 to go ahead with the case this afternoon. Senator Davis, chairman of the Judiciary Committee, announced that the hearing on that account would go ovr until Wednesday of next week. Later tho tiate waa made Thursday, because of an Important hear ing on the water storage proposition set for Wednesday. This delay fits In well with the tactics adopt ed by tho Kelsey defence — It Is, In fact, almost the whole' defence up to date aside from the plea that Superintendent Kelsey was acting on the advice of Governor Higgins, now dead. De lay of this sort, and additional delay which" woould result from the adoption of tho further plans of Kelsey*s counsel, would drag out tho case for weeks and seriously prejudice the pos sibility of Superintendent Kelsey's removal. If It did not actually prevent It by allowing the situ ation to become complicated with tho Public Utlltitles bill, ballot reform and the various other Important features of Governor Hughes's reform policy. Friends of the Governor fear that this situa tion may provo disastrous to the Governor's plans If it Is allowed to go on unchecked. Tho general opinion la that tha Judiciary Committee got away from Senators Page and Armstrong yesterday. Senator Davis, chairman of the com mittee, was asked to-day If he did not think the lawyers for Superintendent Kelsey were ex acting a great deal of courtesy ln asking this postponement when either Julius M. Mayer or Danforth E. Ainaworth could have gone on with the case. "Oh. no, I don't think so," he answered alter deliberation. "You sec, this Is a somewhat deli cate affair. I think we are handling It in com plete fairness to Superintendent Kelsey. He has held many consultations with Judge Hatch, who understands the case thoroughly, whore, I presume, the other lawyers ara acting as ad visory counsel. Then, too. General Mayer proba bly will want tj appear before the committee in a senao us a witness, to tell about the con sultations with Governor Hlgglnn. In talking with the general, I had a tacit understanding, as I announced in the Senate, that when the hearing was resumed it would be continue! until the end; and we think that three or four daj s should be sufficient." Mr. Mayer said to-day that Mr. Hatch was confined 10 his bed. Asked why he or Mr. Ains worth did not go ahead with tho casa, he re plied: "Surely Superintendent Kelsey la entitled to be represented by the counsel of his choice." The question of whether tho Kelsey counsel will b«i allowed to present other witnesses than Superintendent. Kelsey, and voluminous n still Is to be determined by the Judiciary mlttee. Originally the plans of Bu eat Kelsey and Judge Hatch contemplated trip to New York Olty by the commit tee there to hear lire insurance men aa vestigate companies' books, the presental about ail ths employes ln the insurance depart ment to tell about tha detail work transacted there, and tho filing with or examination by the ■ least f b oka and records In t!»<? department. Mr. Hatch yesterday referred to the great labor ami technical skill required In drawing up the standard form of life insurance policy re quired by tho Armstrong committee's laws where three hundred forms had b on in exist ence, nnd of preparing forms fur tho reports of the life Insurance, companies under the now laws. It is known that much of the work of pro ; axing the forms for reports J:aa been handled by Deputy Superintendent Appleton personally. Y»-t it l* understood that, If thu committee will permit. Superintendent Kelsey's counsel purpose to resent testimony in detail about the prepara tion of the standard forms of policies, including testimony übout the throe hundred-odd old forms, and about the preparation of report blanks, to show the Superintendent's knowledge <>? the business of his department and grasp of detail there. Such presentation of witnesses and documents would wear away several weeks. Delays occa sioned by other committee business would come of necessity, an 1 the Legislature easily might be ready for adjournment before any dei Is in on the Governor's recommendation was reached. Of course, his friends feel that before such a thing occurred be would take a hand In affairs himself, and make a direct appeal to the public as he promised to do at any time when he found his policy endangered. Many people here bcliuve that this one phase if It Is in danger now; and they regard this danger as the more serious since it must affect adversely the situation of the Public Utilities bill and ths Governor's other recommendations If the antl-Hugbea men ob tain a victory over the Governor on any one feature of bis policy. Senator Armstrong and Senator Pago both had Interviews with the Governor to-day about the Kelsey affair. The Governor, asked about these visits, did not care to discuss them. Neither did the leglHlators, who seemed a trifle perturbed after their calls. The statement mart* by Judgo Hatch yester day that Julius M. Mayer was present at a con ference between Governor Hlggins and Superin tendent Kelsey when Governor Eilgglns advised the retention of Hunter and Vanderpool will bo corrected officially at the hearing next week. it was mads through an Inadvertence. Mr. Mayer never was present at any such interview, al though Mr. Kelsey has told all 1113 counsel that he was following out the advice of Governor Hitorlnß in keeping the men. When this became known to-night it set at rent considerable specu lation as to why Kelsey did not tell this at tho hearing before Governor Hughes and risk Mr. Mayer to substantiate the statement. He him s»»lf win ten about his Interviews with Governor Hiftglna when ho Is examined before the com mittee. Ftlerds of Superintendent Kelpey emphati cally denied a rumor afloat that he would wait until the hearings were completed and then, on the plea thnt his side had been heard and be was exonerated, resign. "Tf you think he's going to resign Just on the idea that he's had bis hearlniy and Is glad to get out, I say emphatically, no." declared ono man. "That savors too much of residing under fire, but if th*> Idea Is abroad that h« Is dlnginsj with deadly grip to a Job for the sake of a Job 1 say no, emphatically, to that. too. He doesn't rare any more for the Job than a stone pillar docs. He dons believe ho should be vindicated of these charges." TO REPEAL NIAGARA CHARTER. Assemblyman Murphy's Bill Aimed at Irri gation and Supply Company. !:■• Ttlegtapa '<> The TUbuae.] Alhanv-, Mar.'h 14— What ! practically the fir-t legislation directed against Niagara power com; panics Introduced )h!« session wan presented to-day by Assemblyman Murphy, of Kings. His t>iii re peals the charter of the Niagara County Irrigation and Buppl) Company, which the state granted In UK. The charter permits the company to build a canal which will drain the waterfall of 17.«j<j<i cubic feet a second, as well as 13,600 feet granted by permits to existing companies by the Secretary >>( War. The Niagara County Irrigation and Supply Com pany has never been in operation, because of lack of capital, it Is said. At the hearing before Secret tnry Taft II was Intimated thai the General Elec tric Company was interested in the syndicate which Is to exploit this concern, It has also been reported that the McKc-nnie-Mann group of Canadian capi talists was interested in it. »53.00 PeiWONAI-LY COMIITCTr.IJ EXCCKSIOX3. Coloolsta' one-way tl<-k*t* ChlcaßO to the I'a.cinc Cousi via the Chicago. Union Pacific * North -Western J.lue are on rale daily during Starch und April at the rate of ■'■''■' Curresponiilnvly low . rates from nil points. Double bertha in tourist aloeping rar only $7.00, through without change to Fan Francisco. La* Anceles and Portland. No rxtra charge oa our pur bonully conducted tours Write for itinerary and lull particular* to 8. A. HutchUon, Manager. Tourist l>t partm«nt. C & N. \7.-Unlon Pacific »13 Clark St.. Chiasia VOTES MILITIA 11QTJIRY Assembly Passes Wainwright Bill by Large Majority. fßy T*le«T»ph to Th« Tribune.] Albany. March 14.— Unamended. the "Waln wrlsht National Guard Investigation bill passed the Assembly this morning by the unexpectedly large vote of 89 to 25. Three amendments were offered, but were voted down by large majorities. Assemblyman Haines, of Westchester. was the' cui'r Republican to vote against the measure, while Assemblymen C. F. Foley, Jackson. Kel ler, Mallon, Stern and Walters, of the minority, vot-d for it The debate preceding the passage of the bill wa« mainly along the lines followed when the bill came up for second reading. Much amuse ment was afforded the House by a lively tilt betvreen Mr. Foley and "Paradise Jimmy" Oli ver. The former is a strong Independence League man. H» offered an amendment to the bill pro viding that the investigating committee should not employ special counsel, but should call on the Attorney General for any legal assistance It might need. "We liave in the Attorney General." he saM. "a man who Is anxious to do all the work he can. I say that I think the people have confi dence In Mr. Jackson as \vt\\ an you people [turning to tha Republican side of tha Assem bly I have confidence ln the Governor. The At torney General has served notice on Senator Armstrong that he will take up all the legal work of the state. He should do this work, and the committee should have no outside counsel. Tho day of employing Republican lawyers and paying them fat salaries when the Attorney Ger »ral is paid to do the work should be about over." Hardly had Mr. Foley finished the last aen tence when Mr. Oliver Jumped to hts feet and with gTeat gravity announced: "Mr. Speaker, I see no objection to any member of this house making himself entirely ridiculous If he wants to do so. But he has no right to try to mako the Attorney General ridiculous. Mr. Foley has made himself utterly ridiculous before this body to-day, but he la not authorized to speak fur the Attorney General who Is seeking to do only the work that th>) constitution provides that he phould do. He does not wish to represent the Legislature. He wants to have nothing to do with this proposed Investigation." Then, turr.ing to Mr. Foley: "You learn something! You ■ - suit with some of the able lawyers <it the minor ity before you pretend to speak for the Demo 1 ratio party! I dont care how ridiculous you mnke yourself, but, ln the. name of heaven, don't you dare drag the minority party ln in what you nay." Mr. Foley waa on his feet In a momo'U and shouted out: "I have had some respect for the minority leader, in fact. I refused to be a candi date for the leadership against him. I " Mr. Oliver broke ln: "And a pretty leader yoa would have ma do." Before Mr. Foley could retort Mr. Bohan rose to a point of order, saying that as Mr. Foley had already spoken ones he had no right to «£eak ;t second time on his amendment. Mr. Harawltz also arose to a point of order, holding that ths quest] >n before the house was not Mr. Foley*s candidacy for leader. ▲mid a hubbub of laughter, the Speaker smll mgiy acknowledged that Mr. Harawtts*! point was well tiiken. Mr. Morcland was recognized, and Bhut off further trouble by making the final argument for the bill. Neither "Paradise Jimmy'" nor the Hearstlt* were satisfied, however, and their audible repartee across the floor caused much amusement among the members. J. A. Foley. of New York City, offered an amendment making the investigating committee entirely a legislative one and doing away with the four places to be filled by the Governor's appointees. Mr Harawlta offered one that ex cluded New York City from the provisions of the : 111. Mr. Sherlflan. upeaklnj* aga'.mt the measure, assorted that lie had "reliable Information" that the object of the bill was "to benefit a certain faction of the . iard." Hi preferred not to give the source of Mj Information, md failed to ex plain how an lnvcstlKatlon of the entire guard co'.ild benefit nnv particular faction unjustly. Mr. Moreiand ended the debate by replying to the arguments against the Governor having four appointments on the committee. After answering them concisely, he spoke for a few minutes on the advantages expected from the investigation, and then amendments were voted down and the bill was passed. FOLEY REVISES BILL. New (mire Prohibits Receipt of Money from State Contract. [Ny Telecrmi h to The Tri v one 1 Albany, March 14.— Supplementing h!a bill recently Introduced prohibiting legislators from acting as special counsel for the state, Assemblyman J. A. Foley. of New York, presented a measure to-da> prohibiting any legislator, state officer cr employe from receiving any money In connection with any contract, claim or action In which toe Mate Is in terested. This bill is modelled after the federal statute under which Bens tor Burton was convicted. "Any Senator or member of Assembly, after his election," It reads, "or during his continuance In otTlce. and any state officer named In the conutttu- Uon, and nny clerk In the employ or service Of this Btato who shall receive or agree to receive any compensation whatever, directly or Indirectly, for an y 'services rendered or to !>•> rendered to any per son either by himself or another In relation 10 any proceeding, contract, claim, controversy, charge, ac cusation or other matter fir thing In which the State of New Vi»rk Is a party, or directly or in directly Interested, or any department, commission or officer whatever, shall he utility of a misdemean or, and. In addition thereto, forfeit his office ant is forever disqualified from holding any public oince in this state." Tire two Foley bills would prevent the expend iture Of large sums of money in special counsel (era, much of which In former years has prone to members of the Legislature, hit! would effectively shut off the fihtninlriK of contracts from tha stata through "Influence" paid for In legal fees or other wise. FOR IAKGER PRISON COMMISSION. Robinson Bill Provides for Seven Members To Be Named by Governor. [By Tolenraph to Th« Tribune ) Albany, March 14. --A measure providing for a I !lirr , r state commission of prisons was Introduced : to-dny by Assemblyman Koliinson. of New York. It provides that the commission shall consist of seven members, appointed by th«> Qovemer. of wh< 111 three shall be New Yorkers, and two women. They shall hold ohice for four years. The commls ; sion may elect a president and vice-president and appoint a secretary at a salary of $5,000. The com ■nlselonarß shall receive $10 for each day's attend ance, tl.e total not to exceed |500 In any one year. The present commissioners shall hold office for the term* for which they were appointed, and the j vacancies n the commission shall thereupon be - divided Into classes SO that in each of three sue ' ce.sslve years the terms of two members shall ex pire and tha term of one member in the next year. Failure of any commissioner to attend thre«s con secutlve meetings may be taken by the Governor as :i resignation. FOR SUPREME COURT COMMISSIONERS. ! Assemblyman Prentice Introduces Bill for First and Second Departments. [By Telegraph to Th,- Tribune. 1 Albany. March 14.— Assemblyman Prentice intro duced to-day the bill creating Supreme Court con demnation shall be appointed by the appellate partments. This bill has been defeated In previous years. It provides that commissioners of con demnation sholl be appointed by the Appellate divisions in the first and second departments. The number of commissioners shall not en-ceil one lor every lOO.OOOt or fraction thereof, population. [At least two-tblrds of the commissioner shall be mem bers 01 the bar of at least ten years' standing. The term of office Is ten years and the salary $10,000. No commissioner may practice law in courts of record or be interested In any proceeding in which 1m takes .narL Bulletin. PALM SUNDAY AT ATLANTIC CITY. The Easter season at Atlantic City has outgrown Easter Sunday— it has usurped Palm Sunday as well. In recent years the great board* walk on Palm Sunday has assumed all the aspects of an Easter Sunday a decade ago. It is only three hours from New York to Atlantic City by the through trains of the Pennsylvania Railroad — just a pleasant ride. These trains* equipped with Pullman Buffet Parlor cars and coaches on week-days, and Pullman Parlor Smoking cars. Parlor cars. Dining car, and coacho on Sundays, leave New York at 9.55 A. M. and 2.55 P. M. week-d»~ and 7.55 A. M. Sundays. A special train of Pullman Broiler Buffet Parlor Smoking car, Parlor cars, and coaches leaves at 1.25 P. M. every Friday and Satv-lay until Easter. On Saturday, March 23, the day before Palm Sunday, special « . cursion tickets to Atlantic City, including two days' board, will be sold from New York, Brooklyn, Jersey City, Newark, and Elizabeth at rates of $10 and $12 according to the hotel selected. The $12 rate covers ac commodations at designated beach front houses. Similar tickets will be sold to-morrow, March 16. Tickets and full information may be obtained of Ticket Agents, or of C. Studds, E. P. A., 263 Fifth Avenue, New York. ALTM FINANCING. ROAD MAKES STATEMENT. Recapitalization Done Publicly — Bond Issues Legal. v In view of what is designated "the evident mis understanding of the facts" respecting the recapi talization of the Chicago & Alton Railroad Com pany, resulting from the recent Inquiry by the In terstate Commerce Commission, a statement which has been prepared primarily for tu<* information '•; the holders of Chicago & Alton securities has been Issued as the official presentation of the facts. In part. it is as follows: Early in UM year iiify ovsr W per cent of Uia capi tal block of tn<» Chicago * Alton Hal. road Com pany w.iu acquired l>y UM purchasing syndicate at uu aggregate cost of over i&.ou.'.uuu, at the rate of ,-..„ a same for thi common and Woo a siuire for the preferred mock. la response to an offer to all riockhoUer* costumed lv a. widely pubiiaiied cir cular. That the stockholders at that time were fully apprised of the future course of li.c company wlui respect to the capitalisation of previous ex penditures of Income fur permanent improvements ur.rt tho declaration of a substantial dlvi>i«iid tnere trom is shown by t::e following public circular Which, in February, iaio. *ua addressed to the stockholders by T. IS. ruackstone. who for upward of twenty years had tx^n the president and mov ing spirit of the Chicago <& Alton Company. "February. 1533. "To Chicago & Alton Stockholders. "in my communication addressed to you under d»t«a of Slit of. January Us-*] 1 made certain SlaUitnentS with reference to an offer made by •Mr. J. j. Mite;, ell to purcnuse your shores, i now wish to supplement that statement by advising you that in tj-so a. majority of t;.*> shares of the comp any and tha Usu- ot a stock div.dend to represent Air. Mitchell 1 shall advtsa tna.t you authorize tue refunding of the outstanding bonds of the com pany ana the issue ot a Block divider.a to present earnings heretofore in vested in permanent l:.-t proveru-ints. T. B. BLACKSTuXE."' The syndicate comprised upward of one hundred Individuals, firms and corporations, and for over a year ccrtincattd representing participations in this syndicate wire dealt in upo;: tho open market. The pian of recapitalization was intended to create low Interest bearing preferred securities (.bonus and pre ferred stock) txtsed upon the past earnings of the property, which preferred securities -were Co repre- Bent the si lie lei par: of the syndicate's invest ment; and also common stock w.iioh would repre sent the future of me property arid the addi tional earning capa< which vu expected to ra tal! from the application o" progressive methods oi management u nd a liberal exie:iui:ii; - of tew capital for the Improvement of the property and lbs expansion of traAe and of the service to the public. Every step in the recapitalization was taken publicly, under t:;e advice of eminent counsel, and all tha facts stated below and all tie facts brought out In the recent Investigation have be«n publicly Elated in applications for listing the securities upon t, i New York Stock Exchange, in annual reports of the company and tn other public documents which have teen accessible to everybody. T! « complicated legal and bookkseplni? techni calities Incident to the scheme of readjustment have teen misunderstood, with th» res : It that the increase In capitalization and tha profits oZ the syndicate have been absurdly overestimated. The statement here carries a tabulation showing the market value of the securities representing the capitalisation of the Chicago & Alron Railroad Company, and another shows the amount of ae curities outstanding on Jur.a SO. 1806. as the result of th» recapitalization and capital expenditure*, and continues: This shows an increase, as compared to De cember 81. 1898. of about $25,000,000, taking the new common and preferred stock at par. As a matt- r of fact. these stocks have always sold considerably below par. At Its issue the common stock sold at about S3 and the preferred stock at about 70. Th» fixed charts on the outstanding securities und«r th* recapitalization. Including full dividends upon the preferred stock, are less than the aggre gate amount which, under the former management, the company had been paying out annually by way of Interest and dividends, plus Interest upon t he new capital expended for improvements ana ad ditions The common stock was created to repre sent the future of the property and the Increase! earning capacity which was expected to result from progressive management and a radical in crease In the company's faculties. This was pre cisely the oa»i» of capitalization which at tna. period was being applied In the readjustment and reorganization of many railroad enterprise* in tl ,* United States. That the Chicago & Alton was In need of readjustment is apparent from the fact that for years it had been steadily deteriorating in physical condition, In the Quality of Its service to the communities along Its lint* and in earning The fact that the property has not made a* targe « iri lnt» upon t!ie new common slock as was «- Ducted Is due to the fact that the capital expendi tures required to modernize the property proved to hi much greater than was anticipated and also to the very great decline la freight rates In the com i, mv's territory which has taken place in the last few years The ofnelal statements show an aggre- it,- V. line- in the freight rates of the Chicago & Alton since UR» of approximately 30 per cent a. ooiim*red to present rates. Evan with this decline t la estimated that In th© current fiscal year the Chicago * Alton will raaka substantial earnings <m iti common stock. , with re-pect to the sale of 3 per cent bonds In ■ , at «5 it is pointed out that the bonds were sold n."t to favored individuals, but without discrimina tion to alt stockholders. Including the largo number of holders of syndicate participations, and that the "lie of both bonds and stock to stockholders at I,' than market value has been a common and a. . - : iV lv approved exp*.lt^nt. While the low In f*w« rates which provallM in IS9» and the fact that the bonds became savings bank tnvjwtinents made It possible to market them at a substantial JTroftt tha stockholders in taking them at fa took them upon an Interest baste of about 4", r-rfnt !"r annum. In other words, the effect of the Transaction so far as the company was concerned, was Wisely the same as If 5 per cent bonds had been sold to the stockholders at a price slightly * b P 11-«%l l -« % the volume of freight trafllo upon the Oh " bo ft Alton has more than doubled, white the .mount of freight carried for every dollar paid out f n n*re-t and dividends has Increased more than 80 er cent. The capacity of th« freight equipment t.r hwn increased over 200 per cent, that of the !£r,en£?r equipment nearly l'» p«-r cent, and th» racHlon capacity of locomotives over 130 per cent. in cTpltall«m* part of th» company's J"P«J'« tures for Improvements and distributing |S.«e.lW of ♦h«« addition to surplus by way of an extra dlvi flend of » per cant upon the old stock, the directors were simply carrying out the purpose .>r the former manaaement of the company, as contemplated in the nubile, circular of Mr. Flnckstone quoted above. th P apparent misapprehension has resuTted from the testimony of a wltne?* that the mortgage *>-. iPirine the 3* p«-r cent bond 3 covered, as an unim- Sortant part of the security, a short piece of road whirl V... company was authorised To bnlM. but wMch had not be-n actually constructed. This i-ro vl.lon Is In accord with the common practice with of general mortrape* of railroad comtmnles. and It conferred r.o pecuniary, advantage whatso rpor*thS n taforaa«on of bondholders. It la stated th it eni'n*»nt roim«f>l have advised that there Is not the -lightest doubt as to the validity of both Issues of bonds. MORE NEW YORK POSTOFFICE CLERKS. I From The Trihu"* ■avsem 1 Washington. March 14.— The Postofflce Depart ment to-day dealt liberally with the New York Postofflce by allowing It seventy-six new clerks. Th«-v will enter the service on July 1. when the money under the recent Postofflee Appropriation act becomes available. This measure. In providing for the promotion of clerks, allowed for about six hundred additional clerks throughout the country. New York City rets more than twice as many as any other city. Chicago, with thirty, being the only one that approaches It. The new clerks will get a salary of J6*> the first year, and will be promoted in accordance 'vlth the new law. Other New York cities to pet additional clerks are- Syracuse. 3: Rochester, 2: Long Island City. Schc-nectady. White Plains. VUca and Cuba. 1 each. In Connecticut. New Haven gets I additional and New London 1. In New Jersey. Peterson gets 1 Newark 1 and Bridsretoa L ' tie raa*R| sj aX OrdtCA war* Uau*d to-ilii' tor tin* ralslzLK of the Middle of March— half lion, half lamb. Spring overcoats are safe half wajj measures in shedding Winter weights* Spring suits ready, too, for men and boys. Marble time's almost here, when boys wear out even the double knwi in the Onyx stockings now on sale. 3 pairs for 50c.; usually 23c 09 30c. a pair. Rogers, Peet & Company. Three Broadway Store*. 258 842 1389 at at at Warren st. 13th st> 32nd sft> "Tell it to the Graphophone" You often want to dictate after office hour?. Then you can concentrate your thought. A Commurcitd Grapkofhtmt makes you in dependent. It never kicks about work ing overtime It's always ready, night or day. lor further Information and a fro* trial, drop a postal or telephone. Commercial Graphophone Department Columbia Phonograph Company, Tribune Building* New York. T«li»phon» 3291 B«ekms,n. __^_^_____ — offices at Brownvii.- and Hilton. N. T., anas* Knellshtown and Holly Beach. N. J.. to the press <2er.tial class. CONFER ON CANAL BONDS. Object to Proposition to Sidmit Amendment to People. 'By Te!esr«ph to The Tribune. 1 Albany, March 14.— Representatives of commercial and business todies of the state met at the Hotel Ten Eyck here to-day mat adopted resolutions as to the sale of bars* canal bonds. They apQtwveel the bill Introduced by Senator Hill, idlna- for • rebate of franchise tax assessments levied oa con cerns aeMtag these bond* equal to 1 per cent of the holdings, and objected to the proposition to sub mit to the people an amendment to the Bargß> Canal Act of ISOS. so as to permit an ln or ease ot th* rate of Interest, axed by that act at S per «enS, upon the barge canal bonds. A delegation- from the. conference called on the Governor in the afternoon. It Is understood thai the Governor refused to pledge himself to any plan of action. He Is waiting to hear both. sides of the) Question. Th» resolutions adopted by the confer ence recited that: A referendum simply to Increase a rate of tntss* •st on an existing debt Is not authorized by the; constitution. The authorization of another hood Issue would result in confusion In the* fiscal potto? of the state. We believe that the representation to the QeopSS that th* barge canal could be built with the pro* ceeds of bonds bearing a maximum rate of 3 per cent interest can still be realized, and that w» should not submit to the people an Increased rat* of interest. We recommend that some action be taken by th» Legislature to enable tha Controller to market the bonds at not less than par. We approve the principles of th* bills Introduced by Senator Hilt and Assemblyman Moral&nd as) the best solution of th«» problem. .-- The expressed policy of the> people of the state is that the bonds shall be free from taxation. Al though a franchise tax Is not a tax directly upon bond* held by such corporation. It Is co in Its prao- The proposed measure is limited tn its .applica tion to those financial Institutions which are ri g ulred by law to invst In interest bearing: securi ties and "which pay directly to the state a special tax for the privilege of exercising their franehia*. It Is the mandate of th» people, expressed by art overwhelming majority, that the canal system shall be. Improved and the fund necessary therefore shall be provided. Economy and dispatch in earrylna" out this mandate require that the necessary funds should be furnished is soon as possible, and fluctu ating conditions of the money market should not be permitted to Interfere. The New York Board of Trade and Transporta tion was represented by Lewis Nixon. Frank B. Gardner and William W. McConneU. Frank Hrainard represented the New York Produce Ex charge. and S. Christy Mead the Merchants' As sociation. Senators H'U. Davl3. Fuller and Clara wer • al--» at the conf»rence. The plan to have the barge canal pass through the city of Rome was set aside, and State En gineer Skene's. to construct the waterway south oC the city, was adopted nt a meeting of the Canal Board to-day. It Is estimated that this chance warn save the state MS, OOO in the cost of the work. aad probably $1,700,000 in claims for damages. No action was taken on the State Engineer's slam to Increase the depth of the locks from twelve tO) fourteen feet. At the next meettn? delegations from Ithaca and Savannah are expected to be prss> ent to discuss changes in the route of the bars* canal at the latter place. VISHY IMBJiJUjISI Prevents COUT end IKOICESTIQti J.ik your Physidza 9