OCR Interpretation

New-York tribune. [volume] (New York [N.Y.]) 1866-1924, April 21, 1907, Image 1

Image and text provided by Library of Congress, Washington, DC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030214/1907-04-21/ed-1/seq-1/

What is OCR?

Thumbnail for

•***'^ " """ *** "~~ * 3 fc^ *^s£ aT-* fyW^*L»y» — B** >^<y i( y'jj'L^^JM^.^farfF'* 1 -
V OL LXVI.. N° 22.071.
"Govern Control, , Honestly
Tried," His Present Programme.
Washington, April 20.— An authorized exposi
tion of his views of government ownership and
ratemnking was given to a Publishers* Press
representative in Washington recently by Will
lam J. Bryan. Its substance is as follows:
"Government control should be tried under
the most favorable conditions: it should be at
tempted conscientiously and should exhaust
every possibility. It should not be invoked by
any one who makes the wish the father of the
thought— 'hat control will fail and that owner
ulilp eventually must come to pass. To whom
ever is intrusted the task of executing laws for
*ucb control, he owes it to his nation to throw
hlmsrlf vigorously and with honest endeavor
Ir.to the movement. Control is much more de
*!rab!e than ownership, and. If It will accom
plish needed reforms, it is the ultimate most to
be desired.
"Rates should be based on the value of the
properties of the common carriers. This valua
tion should be not the market value of the
shares and bonds on the Stock Exchange, be
cause these are sold in view of the possibility of
producing revenue, rather than or the actual in
vestment which has been laid in building the
fysteras. Appraisal should not legitimize at par
valuation existing flotations which contain a cer
tain proportion of water, but existing stocks and
bonds should be dealt with exactly according to
their real intrinsic value, and the water should
be squeeze,! therefrom. The law should then
prevent further watering of stocks, so that rates
may be determined to permit a reasonable re
turn on actual investment.
"Mr. Bryan further elucidates his views by
raying that he doubts that government control
win prove to l»e adequate. He believes that it
will be necessary to giv.- the people an honest
attempt to solve the transportation problems
through government control. l*-rause they are
discos**! to believe that control will eventually
prnve to be adequate. To put Into effect a sys
tem of government ownership before control
h-<i !*-en honestly tried, would he to invest the
rjrerranent aiih distrust in the minds of the
people, and any administration which was to do
this would fail. Honestly tried, thoroughly ad'
ministered. Intelligently wrought out govern
ment control, therefore, is Mr. Bryan's present
program me.
"When, however, as Mr. Bryan believes will
rmve true, control has lieen demonstrated to
V* ineffectual, then it will rx» necessary to go to
federal government ownership of trunk lines.
' Mr. Bryan is disposed to believe that, a? in
the past. Ff» In the future, private ownership of
railway* will cause a .Tstant corrupting of
the body politic. He holds that, even under
ripid control, the Incentive for the private own
er an<J imi-ager to hffoul the political system
* ill remain, and that such befouling will # c«B
tlnue in grf-ater or lesser ir^rr.-' as In the past,
rendering private ownership incompatible with
the Interests of the masses.
"Mr. Bryan has saver to this day declared
for the present inauguration of government
„ rervl •"••■' !n*r**S. and has Insisted every
tbn* he has spoken, that control should be hon
estly tried, si ■! In no half-hearted manner.
"In jir'M'lsinilng this doctrine of government
r#l3tsont-hij» to railroads Mr Bryan realizes
that b* is running cour.tor to millirins of people
in this r.iun'rj. and that many of the Democrats
ere iispoerd to rnk-- Issue with him. His wish.
Jynievrr, 1* not to popularize himself with the
T'T'lf. but to reach the ultimate solution of
the problems which vex the nation now; first.
to cure "vils flowing from overcapitalization;
«*cond. to compel that rates shall be lowered to
a l-ve| Justified by the conditions and demanded
by the richts of the producer? and consumers—
the nation. In short which gives to the rail
road Its franchise and grants it th*. right of emi
nent domain as well us other vital privileges
»ot given to other instil tons or corporations.
"Dis.-u?Mp R th»> central idea at his ».e]l<>f. he
cifpy the sjiuatinn In which nearly every munici
pality in the United Statos lads itself. Fran
chises have hf»fi given eety h>- the people, in
erd'-r t.. p^t public utilities .julrkly. Thf se fran
thi^s nave crown to '"■• things of Immense
valup. laying urK , n lllP .-jtizenship of the cities
* daily toll of which the ass of the tree fran-
ehl.v <T.nst:»utes ihe greater element of profit.
"Come. then, to the issue of regulating thes,.
■fnncfajse. hr-Hers. and what do you observe?
Thst prscttaally without exception common
t«"jn<11«t «"jn<ll« reruse to take firm ground to protect
the people In thHr rights, th.- franchise holders
">minu«- to levy extortionate tolls on the <it
wns. &nd attempts to work out a satisfactory
•m«n of municipal control invariably result
in failure.
'In regard to the argument that government
ownership would entail a system wh.-reundor
•flljif-n^y would be. reduced as to administra
tion, ex-lstinpr conditions are cjted as proving, at
«*s*. -••■ private ownership has not been
brilliantly successful; that the transportation
bu«ini-Fs of the nation Is In ■ situation not to
.rrfj^rt high credit on the present method of
fcai'tfMrur the railroads.
managenient of railroads would
hive prevented the raising of the issue as to
ownership by the government; failure of private
ownership !, as eon the very thing which lias
raised tlir- question, and raised It In a manner
P^hidinj? the retirement of the issue with
••perfH-j;,' argument. The people demand that
lawmakers go to the bottom of the matter, and
*ettl* it right.
Thorough trial of government control, then.
•nd rates bawd on actual valuation of railroad
I'hj-sJcal properties, rigid conservation of the
•"i«ht.v of actual investors In the enjoyment of
sshMQaUe return from their actual Investment.
•re the final programme of Mr Bryan; If, as he Is
itepospfl to believe will come t% pass, control
Prove a failure, then ownership hy the govern
*R*nt as the ultimate. ■•'.''■
"And this is the position held by William J.
Bryan, authoritatively announced." o
!By Telegraph to The Tribune. 1
rrovw-n^. April 30.-\Vllllara Jennings Bryan
*TK<ke in Woonsocket this afternoon and in Music
Hull bet* to-night before a crowd of about eight
_?*****• in wt:lrn »civ Included many prominent
*** or an jiartifs. After his arrival from Woon
****t this afternoon, a reception and dinner were
«"*!» in hi* honor at the Crown Hotel.
—In the course of tils addresses Mr. Bryan paid
"*• Messrs! to the Senatorial deadlock In this
«*'* arid criticised the , nyst«.-in of election of a
*■ tiled States Senator by the Assembly. He took
fusion to thank President Roosevelt for his m
■**"»nee« about swollen fortunes, for his stand In
•*•"*•« to the Income tax and for his railroad rate
j^oramendatlons. declaring that lie was glad he
•ad had tii* courage 'to go to the Democratic plat
**"*> for a punk of that nature when he was
**••** I" find one nearer horn*'. He regrftted that
«» VnatontVm informs I>««1 not been mated as
•ibersijiy a i they stoould have been by Republican
To-dar. fair.
o», fair; west winds.
Announces That He Will Leave
Bench in a Few Days.
Judge William J. Wallace, judge of the United
States Circuit Court of Appeals, who was to
have been one of the guests of honor at the
twenty-third annual dinner of the Alumni Aso
ciation of the New York University Law School,
kept away by the grip, sent a letter in which
he surprised everybody by announcing that he
contemplated resigning within a few days.
Judge Wallace, in his letter, after saying that
he was kept in bed with the grip and expressing
his disappointment at missing the dinner, wrote:
"I want very much to come, and particularly
as I Contemplate resigning within a few days,
and would like a chance to meet such an as
semblage of lawyers as will be gathered arouni
your tables, and many of whom 1 may not
meet again."
Judge Wallace, who was born in Syracuse in
1837, has been a United States Circuit Judge
since ISS2. He obtained his education at Ham
ilton College, and began the practice of law in
his home town, of which he was made Mayor In
1K73. Five years later he moved to New York,
where he married Miss Alice Hay ward Wheel
wright. His home is now in Albany, while he
lias a country residence at Cazenovla. N. Y.
As District Judge In th<- Northern District of
Mew York from 1874 to 1882. Judge Wallace
presided at many important trials, including
those of the Emma Mine cases and the suit of
Whalen against General Sheridan. He was ap
pointed ■ Judge of the United States Circuit
»"ourt by President Arthur, succeeding Judge
Blatchford. who was raised to the hench of the
Supreme Court of the United States. He was a
warm friend of the late Senator Roscne CODk>
llnjr. and also of Senator Thomas C. Platt.
i Peruvian Decree Provides for Pay
ment to American Company.
Lima, April 20. — The government to-day is
| sued a decree providing: for the payment to the
. United States Guano Company of $7,35f»,440 in
j bonds of the public debt on the delivery by the
j company of 3.600 certificates, each for $1,000
1 gold. This transaction settles all claims of the
| company against the government.
; — « — — :
j __
Philadelphia Paper* Silent— Effort
to Stop Sale of Others There.
! I By Telegraph to The Tribune.!
i . Philadelphia. April 20.— The efforts to sup
press the Gimbel scandal in the Philadelphia pa.
j pen having proved ! Mttceewfol, the powers of
i the city police department were to-day invoked
! and an order wan issued to hinder the sale of
j the New York papers in which aro being printed
the details of the affair. So far as the Philadel
phia papers are concerned, the citizens of this
city do not yet know that Mr. Gimbel has been
si-rested or that he at -emoted tulcide by cutting
Ms throat end is now In a critical condition.
The boys who sell New York papers were
reaping a harvest, however, and it is safe to fay
the street sale of New York papers th* last two
days has even exceeded that of the Philadelphia
To-day an appeal was made to Director «'lay
of the Department of Public Safety. He prompt
ly Issued an order to the police to prevent, so
far as possible the sale of the paper*. All new*.
boy* along Market street, in the neighborhood of
the Gimbel store*, were ordered to move on.
Others were prohibited from calling their pa
pers and informed that no reference must be
made at all to the Gimbel matter. The carry
ing out of these Instructions had a material ef
fect in stopping the sales this afternoon, as the
newsboys were compelled to work quietly.
His Brothers Intend to Take Him Away for
a Long Best.
Benedict Gimbel. the Philadelphia merchant,
who trie.] to kill himself in a Hoboken hotel,
will probably recover. At St. Mary's Hos
pital, Hoboken. it was said yesterday that ho
was resting comfortably. As soon as he Is able
to leave the hospital, it was said, his brothers
purpose taking him away for a long rest.
Charles Gimbel. one of bis brothers. Issued :i
statement la which he said he expected Bene
dict to recover "In a reasonable time." Charles
Gimbel said he knew nothing about the charges
against his brother, being ben simply to look
after him. The case against Gimbel. who.
befor» he tried to kill himself, was arrested on
charges of assault and bribery, was called yes
terday In the Tomb* police court, but when his
counsel. "Dan" O'Reilly. Said that his client was
seriously ill. the hearing was postponed "until
May 4. It was learned that Morris C. Llchten.
of No. 23 Kast 76th street, was the bondsman.
Phaeton Caught Between Streetcars and
Team Buns Away.
When a phaeton was Jammed between two
cars In Eighth avenue last night George Abeel,
a wealthy steel merchant, living at No. 5 Bast
124 th street, and a woman companion barely
escaped death. Mr. Abeel's companion. Mrs.
Walter Birch, of Bridgeport, was hurt painfully,
but Mr. Abeel escaped without serious Injury.
The phaeton, going north, was hit from the
rear by an Eighth avenue car and thrown be
tween this car and one. south bound. The ve
hicle was demolished completely. Mrs. Birch
was pinned in the wreckage and received pain
ful injuries to the right side and hiD. Mr.
Abeel was dragged fifty feet by the horses, but
he clung to the reins until Patrolman X earns,
of the West 125 th street station, arrived. Mrs.
Birch was taken to the home of George Abeel.
jr.. at No. 148 West 131 st street, where she was
staying, with Mrs. Abeel.
To Make Valuation of Property of a Large
Eastern Company.
Washington. April ».— John F. Stevens, former
chief engineer and chairman of the Isthmian Canal
Commission, is to be employed by one of the large
Eastern railroad companies to make a physical val
uation of Its property. Mr. Stevens declined to
night to name the railroad with which he is to be
come affiliated, but said it was one of tbe largo
companies of the East. He expects to assume his
new duties about May 1.
Brooklyn Grocers supply Hpeer ■ twelv-year-old
JN. J- Pwrt Win* to families and physician*.— Advt.
Explosion and Fire in Pouer House
Darken Hotels and Theatres.
A 30-foot high tension dynamo, one of twelve
on the main floor of the New York Edison Com
pany's six .story plant, in the block from 38th
to 39th street, between First avenue and the
EaM River, exploded last night at »:"«) o'clock.
The two hundred men employed in the place
ran for their lives. A shower of steel fragments
filled the great six story building, in which there
are no floors. Galleries are built all around the
four walls and some of the pieces landed on the
topmost of these.
Fire followed the explosion and added $5,000
damage to the $lO.«MM> damage resulting from
the destruction of the bigr generator.
Electrical experts think the explosion was due
to overspeed. The great sheet of steel encasing
the dynamo was blown to small pieces and im
bedded In the brick walls.
Fire spurted up from the debris, and soon the
building was filled with dense clouds of stifling
smoke from burning insulation. When the fire
men began pouring in the place there was an elec
tric display from .short circuits that beat any
Fourth of July night exhibition. The eleven
other dynamos were Immediately slowed down.
The explosion wrecked windows within a ra
dius of several blocks. Picture* on walls of
tenement houses near by were loosened from
their fastenings and fell to the floors, and a
semi-panic reigned in the neighborhood.
The water seemed to have the effect of oil.
The flames brightened UP as it fell on the blaz
ing wires, and finally the firemen were called
off and the fire was left to burn itself out.
One of the assistant superintendents, at great
personal risk, braved the maze of live wires on
the floor surrounding the wrecked generator, and
rigged up a temporary connection between the
connecting wires of the wrecked dynamo and the
other great generators scattered about the im
mense lloor. and lights in many of the big hotels
public buildings and theatres were thus restored.
The auxiliary system of the Edison company,
by which the other power houses are called
upon through special heavy wire connections to
aid In an emergency of this kind, was called
into use.
The lights in Bellevue Hospital, only a few
blocks away, went down and almost out. In
many of the city hospitals and institutions the
lights were partly extinguished. In some cases
gas was used.
In the heart, of the city, along Broadway in
the Tenderloin, the lights from the thousands of
arc lamps were- dimmed. The big electric signs
along Broadway were darkened, and the "Great
White Way." except for th« wondering throng
In the streets, assumed th« atmosphere of the
main street in Hohokus on a busy Sunday even
In the theatres the greatest inconvenience was
experienced. The footlights went down so low
that the persons on the Mtage could not be seen.
Efforts to use gas in several developed the fart
that they were not equipped with it, and it is
prohibited by the building cot"". Some «.f the big
hotels had their own generating plants) and were
not affected. *
In the streets where the K»lisi>n company sup
plied the light* partial darkness was the rule,
and th« lights were dimmed about half an hour.
Debate in Chicago as /<> Whether
Estate Is Ten or Fifty Million*.
chi< ago, April 20. Whether James Henry
Pmlth, known as "Th" BUent Man of Wall
Ptreet," was In reality worth $30,000,000, or only
$10,000,000, agitated the minds to-day of the
dozen or so possii.l'- heirs of the New Yorker,
whose rill is not to he r<;td until nfter the body
is brought from Japan and burled In New York.
Surmises as to the size of the fortune to be
divMed were affected by advices from London
thnt the estimate of his original inheritance from
his father's cousin, George Smith, were exag
gerated. Five million dollars, according to the
advices, hau been set aside f«>r ■ large number
or small bequests, and the remaining fifteen
millions to be divided equally between Smith
and Fir Ceorge Cooper, who married lilb sister,
Mlsk Mary Emma Smith. On March 8, 11HH», the
following dispatch was sr-nt to the American
paper* by "The London Chronicle":
The deat'i du»s in estate of C.eorge Smith,
formerly of Chicago, amounted to $4.500,00»>,
nmi led to t lie erroneous BupposiUon that bis
wealth was $55,<J00,000, m> tho rnte is n per cent.
The death due- upon all but a small portion <>r
Smith's estate were, however, at the rate of IS
per rent, and Included the 1«> j>er cent legacy.
The value of the whole estate, therefore, is not
more than $25,000,000, and the shares of the
two residuary legatees are less than $i«>,OO(>.ixm)
Story in the West That He Is to Become
Executive Under the Will.
1 By Telegraph to The TrlMin- |
Aberdeen, S. D.. April 20.— G. C. Mason has
resigned as superintendent of the James River
Division of the Milwaukee «- St. Paul, to carry
out the wishes of his uncle, James Henry Smith.
A few day* after tha latter died while on his
wedding trip In. the Orient it was announced
that by the terms of his will Mr. Mason was to
b« one of the executors. This report was de-«
nied later, it being said that a new will did not
mention Mr. Mason.
Mr. Mason, however, has received advices
which have led him to resipn his plaoe, and ha
will Mart at once for New York. He is suc
ceeded by C. F. Morrison, of Sioux City. Mr.
Mason Is Informed the Smith fortune amounts
to fully $.">O,< loo.miO, nut has no udvices as to
its disposition.
While playlngr yesterday in the De Witt Clin
ton Park. Kleventh avenue and fiOth street,
Tohso Tokoso, a Polish Rlrl, two and one-half
years old, of No. fit»l West T»4th street, was
drowned in a hole in which a tree was to be
planted. Numerous holes for trees had been
dug In the park and several filled with rain
water. The sittle girl ran after a piece of paper
and fell head first into one of these. She was
pulled out, but died before an ambulance ar
f By Telegraph to The Tribune. ]
Hartford. Conn.. April 20.— a charge of trying
to wreck the New York express at East Hartford
to-night to avenge Ills discharge earlier in the
day. Edward I'ettlngill, a former gate tender, was
arrested in this city and locked up to await an
investigation. Petting!]) wandered from his post
on Friday and the New York express was nearly
ditched. The gate tender was discharged, It is"
said that he. unlocked a switch to-night am! threw
it open. Italians saw the open switch and threw
it back a few seconds before the train thundered
art . -^
University Student in Swimming
Tank Twenty-four Hours.
William Sandier, a sophomore in the School of
Applied Science, Columbia University, was
drowned In the university gymnasium swim
ming pool on Friday afternoon, and the body
remained there for twenty-four hours, while
relatives were searching for the hoy and other
students were using the tank. The police had
been called upon to assist in. the hunt, and it
was at their suggestion that a brother of the
dead toy went to the university. There the
missing student was traced to the gymnasium,
the tank was drained and the body found.
Young Sandler's habits were of the best. He
was known as a conscientious student, and had
a circle of friends who esteemed him. When
he did not return to his home. No. 76 Orchard
street, on Friday night, his relatives became un
easy. His father. Alexander Sandier, began
making inquiries early yesterday, and sent an
other son. Jacob, to Police Headquarters. Then
the boy went to the university.
Jacob Sandier applied to P. A Ooetz. the dean
of the School of Applied Science, who said that
young Sandier might bt» exercising in thn gym
nasium. In the locker there the boy's clothing
was found. Inquiries at the running track ami
in the gymnasium were without result. Finally
it was decided to drain the swimming pool. It
was then that the body was seen lying on the
bottom of the tank.
Dr. George 1,, stejrlan. head of the gymnasium
department at Columbia, at once notified Cor
oner Harburger. The body was not removed
until the coroner arrived. He and Coroner's
Physician L,ehane examined the body, with
the assistance of Dr. Meylan. and ordered its
removal, after giving his opinion that death
was due to accidental drowning. The coroner
questioned the swimming instructors and said:
"If there had been guards in the gymnasium
at the time, or any effort had been made to ko«*p
watchers about the swimming pool for the pro
tection of life, tho accident could not have hap
pened. If the dead boy was drowned, he would
have been missed if anybody had been keeping
watch. If death preceded submersion, perhaps
little could have b»>en done besides recovering
the body."
Alfred I. Pretty man. of No. 541 West 133 d
street, one of the Instructors, when asked,
said that the practice was to have somebody al
ways on guard on the "lookout."' or platform,
high above the swimming pool It was paid
that nobody was on guard when Sandier was
in the poo!.
It was learned that the last persons who saw
Sandier were C. H. Howe, of No. 100 West USth
street, and H. G. Gulteras. of No. 108 "We!«
106 d street, who had been In swimming with him
at about - o'clock Friday afternoon. It was
understood that Sandier was not a skilful
swimmer. Before leaving him Howe and
Gutteras asked Sandier whether he could swim,
and he replied that they might safely leave him.
Dr. Meylan bad made a physical examination
of Handler pome time ago, and had found that
hlsi h*art wan In i. sound condition, and that
hi.* general physique was fair. Several students
were in the pool after th»> boy was drowned
The tank Is llH» feet long and about .V» feet
vide. It varies In depth from four to ten feet.
Wliere the body was found the depth varies
from eight to ten feet. Tho pool is lighted by
an arc light. When full of water it is impos
sible to see more than a few feet below the
surface, so that those using the tank would
not have been able to see the body.
The coroner censured the. authorities at the
university for not having an attendant con-
Ftantly present, and suggested that there ought
to be more light and a life raft. The authorities
made the announcement that after this an at
tendant would constantly be present at the
President Butler sent the following telegram
to the boy's parents:
"Am shocked ;md deeply grieved to learn of
your sons death. Accept assurance of pro
found sympathy of the entirw university.
Agents Ignored in Seventy- five In
dictments in Toledo.
Toledo, April 20. -Over seventy-rlve iridir*
ments against wealthy local manufacturers- ami
dealers were presented to Common Pleas Judge
Morris by the. grand jury to-day, including
true bills against lumber dealers, brick manu
facturers and members of the Master Plumbers'
Heads of firms, wherever possible, have been
Indicted, and the agents or underlings have been
Ignored. Mo corporations have been indicted.
the purpose of the prosecutor being to bring
ouster suits agalimt these and to punish the
officers. Indictments were returned against
nine brick manufacturers for violation of the
Valentine anti-trust law. The lumbermen are
also Indicted for violation of the same law.
Dtdtri'-t Attorney Jerome objected yesterday to
Judge Crata hearing certain proceedings in cham
bers. After argument the Judge decided to hear
the motions in Part 3 of General Sessions some day
this week.
Lawrence Mlngey. a lawyer, was cowrie tod on
April 30 of forgery in tbe. second degree. He was
sentenced to one year and six months' imprison
ment by Judge Cowing. The Appellate Division
conrfinied the decision, and the lawyer was rear
restrd and sent to the Tombe.
Judge O'Sulllvan granted a stay of sentence pen 1-
Ing ah argument. Assist int District Attorney Tay
lor argued that the only one that could do this
was a justice of tho Court of Appeals. Judge O'Sui
llvan then »«-nt the motion to Judge Cram for a
When tae motion came up Mr. Jerome argued
that if tho motion should be heard by the Judge
it should be in open court. Then Judge Craiu said
tiva the hearing on the motion would be heard
Borne time this week by him In Part 3.
Governor Hughes and his military staff reviewed
tho 23d Regiment of Brooklyn at the Bedford Ave
nue Armory last night. This was the first time
the Governor has acted as a reviewing officer in
Brooklyn. The invitation was given by Colonel
Stokes during the last campaign. The Governor
said he was delighted with the regiment's appear
ance. Following the review, the Governor was
escorted to the mess hall In the basement of the
armory, where a "thumb bit" prepared by the
regiment's cooks was served. The Governor came
to Brooklyn by way of South Ferry, but. when
asked if ha bad used that route to avoid the
bridge crush, answered: '•Really. I don't know."
[By Telegraph to Th» Tribune]
Providence. April What is said to be the
largest belt ever manufactured by " any factory
In the world was delivered to-day from the plant
of the Providence Belting Company to th« Narra
gansett Electric Lighting Company. It is a four
ply driving belt. TS inches wide, 110 feet long and
weighs between 3,000 and 3,400 found*
t Copyright. 1907. by Th» Tribune Awoclat:»n.»
Rumor That Dr. Burkhardt, of Ba~
tavia, Will Succeed Him.
I From The Tribtsoe Bureau.]
Washington. April ills— The resignation of
Archie Sanders, collector of internal revenue
for the Rochester district, was received at the
Treasury Department this a/ternoon» just be
fore the close of office hours. A friend of Gov
ernor Hughes. It Is said, will succeed him. and
rumor has it that Dr. J. H. Burkhandt. of Bata
via, has been selected for the place. "Mr. San
ders's resignation was sent to Washington by
request of Secretary Cortelyou. acting under
instructions from the President. The announce
ment of his successor was expected to-day, hut
was withheld because of the ahssjsM of the
Secretary, under whose immediate supervision
the collectorshlp is placed, although it is what Is
known as a "Presidential office."
A. F. Somerset Attempts Suicide
at Reading. England.
I-ondon. April 20.— A. F. S. Dundas. claiming
t'> t.e a son of the late Mrs. Wurt«-I>undas, of
Philadelphia, and rightful heir to millions of dol
lars, stood in the prisoners' dock at; Reading to
day, charged with breaking Into a private dwell
ing with the intention of committing suicide.
The caretaker of the house toural a noto pro
truding from the- door. It was signed by Dun
■las. and said he was sick as th* result erf not
being able to rind employment., that for days
he had been without food and ths*t h« had locked
himself up with the Intention of ending his life.
The police wero called and hrolie open tlio
door. They found that Dundas had been trying
to hang himself with his suspenders and necktie,
but had failed to take his life. "When taken be
fore a magistrate, who ordered him to he held
for further Inquiries. Dundas sai<l that the Or
phans' f 'ourt at Philadelphia had decided against
hla claim, but that he had appealed to the Su
preme Court of Pennsylvania.
Philadelphia, April 20. -Arthur Fitxroy Somerset,
or Dundas. as he called himself, who is reported
as having attempted suicide In Xondon. claimed to
be a son Of Mrs. Anna M. "Wurts-T>undas. a
wealthy woman who, .luring h*r life, was promi
nent in Philadelphia society. In 1904 he filed a
petition In the Orphans" Court here for a re
adjudiration of the accounts of the largo estate of
Mrs. Wurts-Dundas. and asked the court to maka
a review to establish his right as a son and heir.
In the trial of the case the Dundas family set
forth that the litigant was an impostor, who had
never been heard of by any member of th* Dundas
family until he made his claim. The court decided
against the petitioner, and the State 6upr»me Court
sustained the decision. •
Cousin, Once Defeated, Reneus
Fight for Millions.
[ Us T>l*sr*Fn «o The Tribune. 1
Scrantou. Perm.. April 20.— George B. Schooley.
of Philadelphia, who ban so far been defeated In
Ms contest for the millions left by his cousin.
J. L. Crawford, resumed the fight to-day. The
former proceedings having been set asMe by the
Supreme Court on the ground that the statute
was not observed in beginning them, S. B. Price,
attorney for Scbooley. made a motion before
Judge Sand", In the Orphans" Court, to-day, to
open the decree- admitting to probate the will
dated September 13. 1596. which Is held by the
executors of the. estate to b<» th* only genuine
will ever drawn by Crawford, and direct
Schooley to produce before the Register of Wills
the paper which he says Is a later will and make
proof thereof in the usual manner.
The court took the papers and will son n grant
the motion. If the Register of Wills refuses to
open the probate and allow the alleged forged
will to be added to the original. Schooley will
appear before the Orphans* Court for an order
compelling the Register to place the will on \
record. In case the Schooley will Is probated
the proceedings will go before th.> Orphans'
Court and a motion will be made for a jury In
Common Pleas Court to pass upon th» validity
of th« will.
Boy Held at Gloversville to Axe ait
Dr. Marvin's Nephen.
OloTersTtlle, x. y.. AprO aOL-The latest de
velopment in the case of Al H. Allen, held here,
suspected of having custody of the son of Dr
Horace Marvin, of Dovel. Del., is tho receipt of
a message at Police Headquarters stating that
Styles Standish. nephew of Dr. Msrvln. will
arrive. In Uloversvllle on Sunday, and reiterat
ing the request ma tie yesterday and several
times to-day to hold the boy for identlfleatior*
by Standlsh.
Deputy Sheriff Hul.l.s. of Mechanicsville, Sar
atoga County, who with Detective Murphy, of
Delaware, has been Investigating a clew' at
Mechantarrflle fop the last month, visited Glov
ersville to-day and saw Allen, the woman al
leged to be his wife an.l the hoy. He stated late
to-night that ho had no doubt that the Glovers
ville police had the right man in custody, basing
his belief on facts and incidents gleaned during
the investigation in Saratoga County. Allen is
locked up at Police Headquarters, and the wom
an and boy are under a strict police guard, pend
ing the arrival of Standish to-morrow.
Chief of Police Smith talked with Dr. Marvin
over the telephone late this afternoon, the latter
stating that he was making every effort to find
Standish and send him to Gloversville. In re
sponse to a telegram to Chief Bate*, of Catskill,
where Allen, the man held, alleges the boy, with
Ills mother, spent six weeks, dating from Febru
ary 26. a dispatch was received stating that
Bates holds a warrant for Allen for an unpaid
board bill, and asking Chief Smith to hold the
[Ry Telegraph to Th« Tribune 1
l>over. IJei.. April 3>.— l>r. Horace Marvin.
father of the four-year-old kidnapped boy. received
a telegram from Myles Standish to-night announc
ing that Mr. Standish had left Boston at 6 p. in.
for Gloversville. N. T. He will endeavor to iden
tify the boy held by the police at that place, along
with a man and a woman, and supposed to be
the Marvin child. Dr. Marvin believes the Glovers
ville. clew the best yet unearthed.
[By Telegraph to The Tribune.)
Lakewood. N. J., April John D. Rockefeller
paid 935 for two seats at an entertainment to-night
in the theatre of the Lakewood Hotel for the bene
fit of St. James's Hospital, of Lakewood. Mr.
Rockefeller recently praised the work of the Sis
ters of St. Joseph, who conduct the hospital.
Absolutely free from any preservatives.
— T. Dewejr & Sons Co.. M Fulton su. Mew York.
"Skimmer of Cream of Enterprise?
—Defends Utilities BUI
A caustic arraignment of Wall Street was)
made by Assemblyman Merritt last night m
the course of his defence of the Public Utili
ties bill at the annual dinner of the Westchester
Bar Association at Delmonieo'*.
•'The cry against these bills." he said, "does
not come from the operating departments of ratl
roads or public service lighting companies to
any great extent. It comes from the financial
district— from what we know as Wall Street—
a region m which men deal and speculate to
profits; where they hold the skimmer and taks>
off the cream of every enterprise.
"All the wealth here in produced outside. Our
farms and factories and mines and quarries and
water powers are making a ceaseless effort to
add to the greatness and the splendor of this)
Imperial city. Sometimes gentlemen who spent- ,
late, in profits imagine that they are doing busi
ness. This is a harmless hallucination."
The Assemblyman said that the most impor
tant problem before the world to-day, more 130
mentous than the Russian revolution, was that
of the relation of the people in their corpora**
capacity to the public service corporations. The
enactment of the Public Utilities bill, he *s-'
clared, would do more than anything else that
could at present be don» to settle th« publta
mind and to do away with the "nnreasonin*
and unreasonable attacks of the misinformed or
partially Informed upon those interests whica>
are affected."
Reviewing the theory of legislation as an •»•
pression of the people's will. Assemblyman MsT
rut said:
There Is no more fruitless effort than that whleU
la exhausted in an attempt, whether successful OS>
not. to enact into law somethins which I* not so.
.is. is not so important whether a bill pass as that
it be an accurate expression of the truth.
Pretty much all the body of our statute law and
the decisions of our courts are efforts to apply to
the various and intricate relations of modern civ
ilization some one of those primary commands
written of old on tables of stone, briefly stated
as •"Thou shall not steal." or •Thou «halt not
covet." or "Thou sbalt not bear false witness'
against thy neighbor."
Then the speaker made a plea for the indi
vidual, saying that the future would have mor«
' to do with discriminating and defining among
the obligations resting on the Individual, "the)
obligation of service, the obligation of obedi
ence, the obligation of usefulness, than with a
discussion and assertion of the rights either of
Individuals or government!*."
He went on:
Tn the discussion whfch has been ha* and which
is now in progress with reference to what mrm
known as public utility measures, in this and other
states, certain things must b*> borne in mind.
When th* state grants a franchise to do any cer- •
tain thing, it delegates a part of it« sovereign
power to a corporation, because for a sufficient
reason it does rot desire to enter upon the business
In relation to which the franchise Is granted as *
governmental undertaking.
These property rights are not so unqualified as
many of the rights which individuals have under
the law. They ar«» not vested rights in the sense*
In which we use that term. They axe qualified by
all the conditions precedent which time or expe
rience may show to be necessary to protect th»
interests of the people generally. "' -. . - -— -•■
The question is. then, not whether some rtsjhS
limited or unlimited has been conferred.' tat "
whether th» business carried on by the corpora
tions Is In fact administered in a way which Is for
(hi-> welfare on th*» whol<* of a'l of the state
Th« publlr servie* bills now before th«» Legis
lature are t>as»d upon th» theory that th> grantee*
who have corporate rights i.. conduct railroads and
oth»r public utilities are not the masters nor th»
servants of th*» public, but ar* in fact Its partner".
The commissions to be appointed ar« to bo tlie>
representative* of the people: to b<». ?-> to speak,
the members of th« board of directors representing
that Interest, and to have in addition th« power so
direct whe-<» nroessary to preserve the public in
terest, the management of the business in which
the public has an actual interest.
He then took up the various criticisms of tha
Of these he said in part:
Tn criticising the bills themselves, the opponents
of the measures have mad* particular objection
on three specific points. The bills give th* Gor
ernor th» pr»v.-er to remove commissioners without
additional affirmative action by the Senate or any
oth»r body. It i.-* necessary to do this in order that
the responsibility may be centralized.
These commissioners are the arm of the state
government. They must perform the duties of
their office, havins: in mind their immediate re
sponsibility to the appointing power. They ar» not
Bel up as a court to scrutinize the legal questions
arlsjng between the. public; and these corporations.
They are a part of the administrative force of th»
state; to do. as other departments of the state are
to do. the things which form their duty in an
affirmative manner. This can not be the case if
they are put in the position of a court not Imme
diately responsible to some power by which they
ran b» removed If, they fall to perform their du
. Th» second principal objection that has been
urged to the bills is that they .i.-> not pro-ride a
specific, method of court review over the orders
of tills commission. The act does provide, and if
it did not provlda It would still be the law. that
any act of the commission which in unconstitu
tional is subject to review, and It Is not necessary
to teU any lawyer how he may get into court SB>
any proposition of this sort.
Any substantial remedy to which corporations
are entitled can b« secured for them through th»
courts without a specific method of review. They
are. demanding a right to review by a spectra
method. so that tr-ev may tie tip th© commission
by appeals not only in asking for substantial
remedies to which they are entitled, but also upon
matters of form, for the purpose of delay.
The corporations also have another method of
appeal which the people of the state take ad
vantage of frequently. They may appeal to the
Legislator* the representatives of th» people,
provided th»* acts of the commission are oppressive.
The appeal for which they ask through th»
courts, which th<»y wish to have as a. matter of
rlsht expressed in thesu statutes, might tak<» years
to determine.
It is. however, the belief of the fr:imers of this
bill that the most important thin* to make this
commission a useful part el the state government
Ist to provide that when its orders are issued riM
corporation shall immediately begin to obey. It is
unfair to assume that tliis commission provided
by thes» bit:* will act in a foolish or unwarranted
m\um»r. It Is not possible to suppose thai any but
the most moderate percentage of their orders will
ever vlolata the constitutional rights of the cor
porations or any of the people.
No one will disagree with me when I say that
an ideal way to get nt this subject would be to
enact a new statute, containing all the substantive)
law affecting the organization, control, rights, du
ties and obligations of all corporations deriving
their power* from the state Mr any subdivision
thereof; and. having assets* tl.is statute and re
pealed all other statutes in any way conflicting, to
constitute a commission or commissions to see that
this law was obeyed. Doubtless this will some tin -
be done.
The third objection, which has been greatly dwelt
upon. Is that the legislature has no constitutional
right to d^legat« such stead powers to any com
mission. I think it is the. opinion of most lawyers
that the constitution i* broad enough so that'ttie
powers sought to be Riven can be delegated.
The corporations are complaining that they are
not permitted under these bills to carry .is an
asset th» value of the franchises. They should net
be permitted to do so, unless ij might be for th ■■»
amount on which they pay actual taxes through,
the franchise tax department and under the opera
tion of the Franchise Tax law. Whatever induce
ment the public may feel disposed to give to cor
porations doing semi-public service, it is absurd to
permit them to take a valuable gift, estimate Its
value as an asset, and then expect the public to
pay a dividend upon it.
My contention is that the use and benefit of tho
value of franchises, which is in fact the contribu
tion of the state to the joint corporate business,
should be returned to the people, either in service
or in cheapness.
The speaker closed with a glowing tribute to
Governor Hughes.
Among those who spoke besides Assemblymasj
Merritt were Lieutenant Governor Chanler. ea-
Judge E. G. Whitaaer and Martin W. Littleton.
On the list of speakers appeared the name of
John Kendrick Bangs, who was slated for the.
case of "Charon vs. Munchausen." hut Mr.
Bangs was unable to attend owing to the death
of one of his cousins.
At the sneakers' table with ToaaUnaster Jog*

xml | txt