New-York tribune. [volume], May 06, 1907, Page 3, Image 3

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

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PAY OX Till- ISTHMUS
DECISION BY MR. TAFT.
increases Demanded Granted Only
in Part.
Washington. May 5.-A far-reaching decision by
Secretary Taft affecting rates of pay. hours of
iator. etc.. on the Isthmus of Panama, following
his recent personal Investigation of the various
complaints received here from time to time, was
made public at the White. House to-day after
President Roosevelt had given his approval to the
Secretary's recommendations. The decision ap
plies to three classes of canal employes-first,
steam shovel men, embracing engineers, cranemen
and firemen; second, construction locomotive engl
neera, and third, construction train conductors.
One •f the grievances of the men was the put
tins Into operation on April 1 of mow regulations
Nstrtctlnc leave of absen •:• or leave on account
at Fickness. On this queatlcn the Secretary sa>-6:
The Id regulations were advertised in the print
ed announcements sent out by the commission's
agents to induce persona to go to the isthmus and
enter tae eaap] v of the commission so that every
man who has coir.o to the Isthmus haa como thera
with the understanding that the old "regulations
were to apply as ; art of his contract of service.
It seems to me that eood faith requires that the
Old ivifulati-.ns as to i<;,-e shall not be materially
Changed, and >-!:: II reir.jiiii as part »if the contract
v.;f IV! . cc of those now on the isthmus, and that
-rthlle there are some provisions in the new reKU
l.itions which would make for more strin>rcnt en
forcement of the government's richts and more
certainly avoid possible fraud, they should not bo
made applicable to nun wK come to thy Isthmus
nd«r the old •• gulations.
Taking- up the subject of summary dismissal wlth
out bearing or giving reasons, which was com-
T'laim-l of i,y the canal employes, Beeretary Taft
says that iv has given his approval to the plun of
Litiuteniint Colonel Goethala. whereby it Is pro
sosed to dispose of such cases through a committee
eonaiating of one representative of the craft of the
employe proposed lor dismissal, one representing
the foreman or the higher official proposing dis
charge and one representing the commission, final
action to be taken by the commission.
WAOBB OF SHOVEL MEN.
Much attenUon Is then given to the question of
wages to the steam shovel men. who on March 1
last applied for Increaaea as follows: Engineers,
from J2lO to *300 a month; cranesmen, from $ISS to
J-oO a month; firemen, from JS3 SS to $110 a month.
In reaching the decision that the present rates of
pay are liberal ones. Secretary Taft says:
„- J S i are lul1 ul examination into the rates of pay pre
»o^e%,u/ 0 UE 10Ut th « J-' n «t<"d States snows that
some ..our years ago the usual rates of Pay for
euam Bh^vel engineers were #125 a month and for
oranesmen J9O. but that In the Interval sin^ t be
«ormm, 6^demand for new construction has In
creased the wages of both. *o that the overate
VSFHPSniJ*" countrj- may be said vnrv frum
ireineerl for c ne^ m n and from 1150 to j» for*
mfTfli Mr t honts and Mr. Stevens have jr-
M J T'nVJ Jfct the wages paid °>- various Hrmi in
tbej niU-d Btates. and these/rates do not differ os
w'ntiaiiy ft n those submitted by Mr. Dolan the
cnalrman of the Brotherhood of Bteatn Bl ovel Men
j i ne average of wages oaid by four of the largest
Srms of the L-nited Btates. Including O'Rourke tt ,
<_".. \\ hitc & Co.. Mac Arthur & Co. and Oliver
f i ■■.. as star..! by themselves, shows a rate of 1150 i
lor engineers, fSS for cranesmen and £57 for firemen :
Jhe average of l« v. n large firms in the I'nlted i
States submitted by Mr. Dolan, from San Francisco i
to Jew lork and from New Orleans to Chicago
shows a rate of $n,i for cranesmen. H63 for engi
nee^ and $71 for firemen.
Takir.K the figures submitted by Mr. Dolan an
average of wages paid by hty-one firms through
out the United States'would be $102 for cranesmen
and for engineert $if,2. ; In New York, where the
rate of living is higher, there are engineers who
receive $175. and cmnesmen pi oportionately less,
In work on tl ■■ MissißS as high as $200 a month
If paid shovel engineers, and the employment afjent
°' the commission at PitUsburg reported early this
yoar that the demand was so great that the wages i
of engineers were tending toward $2"0 a month.
In Alaska' the rate for engineers Is reported to be
5300 and for cranesmen $250.
It Is a little difficult to fix a uniform rate, be
cauae in many cases the contractor is able to com
pare the efficiency of his -!--,iiii shovel enjdneers
by ti-.<- dally yardage produced by each, and is
•ilile, therefore, in his own interest to Increase the
pay of the more efficient, so that the high rates '
mentioned are frequent] not class or average :
rates, i.ut rates foi special individuals. Upon tht.- '
Isthmus, the conditions under which the different
men work in reaped to thi character of tne ma
terial and •... distance of the dumps are so different
that it has been impossible to- -• iduate the pay or
offer bonuses for high yardage. The only method
is to HX a flat rat for the whole cIaSS.
After giving iii>- nutter the consideration whi^h.
sts importance eserves. ami nfter weighing tli.-
"inparativo advantages which the Urthmlan shovel
men enjoy over their brethren in the Btates with
the disadvantages which they have to bear in go
ing to and living on the Isthm is, I have reached
the conclusion that the existing standard of pay for
the Ebovel engineers and a fortiori for the cranes
men, is a liberal one, >m.i ought not to be Increased
»-xc*-|K under sony provision of reasonable Increase
applicable to all veteran skilled employes of the
commiaakHi who ar« paid by cla*s rates. As alreaily
seen, t»e rates paid to the Isthmian shovel e.n
gineers are certainly from '£> to 35 per cent higher
tban the average oi those paid in the Btates. and
this by no means states all the dlfferei in favor
of the isthmian terms of employment.
A V.\ NTAiiICS ON ISTHMUS. '
A Fteam shovelman on the isthmus can count on
twelve months' constant emiilovnu-nt In a year,
and pteam ehorelmen In the Vnited States cannot
. xpect to be employed more than nine months in
the yecr. This ■ ses from the interference of con
tract work In the United States by winter condi
tions, and al&o by the necessary Intervals arising |
l»tw<*n ch:>nge of contracts. Mr. Btevens's esti- j
mate is that every steam shovelman In the Btates
should count on a loss of four ■ • nths Inste of
Three in each year. However, for the pui pose of
nrgunu-nt ire can leave t-*t i ill- months The rate
of pay for steam shovel engineers '■. \ I.iska, ns be
fore sta( is f--a!«i to be $300 ■■ month, but we ure
rr ,t aflvis?d as to the circumstances s irrounding
this employment, except that we can reasonably
presume that the working year there would hardly
exceed fJx or seven months.
Second— Everj shovelman on the isthmus if *n
titled to fix greekn leave, with pay. a« a vacation.
so that he receives twelve months' pay for ten
(ruJ one-half months' work.
Third— Ster.m shovel rm-n on the Isthmus work
wit e!(»ht hour? a 'lav. whereas mriny. though not
all. of the steam uhovel men in the United States
■work for un hours a day
Fourth— Every ■ mn'.oye of tr« Isthmus is permit
ted, jf he falls sick, to enjoy* twenty days' sick
leave, with pay.
Fifth— ln e<s(3lt!on to the Flck leave above men-*
doned. if th< employe receives an mjury during
his work he Is entitled to an additional thirty days'
BMc leave.
Birth— Every married man Is entitled to furnished
■••••• himself and family free, with modern
plumbitiK conveni' noe«=_ with water, fuel anil light
free, and c commissary which olms to sell all
necessaries at cr.st to • rui sslon employes. The
married rjuarters are generally in separate houses.
Ev»-r>- bachelor Is entitled to t,ls furnished room
free, toucher with light; and board at a reasona
>.!•> rate at a mr-f i»hfHiee or hotel. The cost of food
sn<l necessaries Ik about what ■• Is In ESastern
c:tl«s. or Klightly highei
Seventh, ■ cry employe Is entitled to free m«ll
<-al attendance and hn=]i!tal service. The m< dli '1
visits of the commission physician, after th< first, i
have involved a Charge of' II each, but Colonel |
Ooethals .- Ises me tl:at this is to be' dispensed I
with. i
Mr. Dolan says that if quarters are desired many '
of the contractors in the [Tnited Btates will fur- :
tush them, but It goes without saying that these .
Quarters are of a iiv.st temporary and unsubstan- ,
t!al character and <io not mpare with the r*.-,||y '
romfortnble homes which n ro furnished to shovel- ,
men an-1 their families on the intl mus. and none. I
of Jne itbei advantasTs are furnlsned free by con- i
tractors, bo far as the testimony of the contractor I
goes. I
It may be that service on the Isthmus Is attend- I
•'- *•' greater discomfort' and greater risk of II]
n«-fs than thai in the States, due to the climatic
c"c "£ <si -'"r>s. and th.it th<- distance from home, the
Oinieuity of serurlnp usual and rational amuse
ments «n<] th<- naturaliy depressing effect ,f con
tinued hißh temp- rat ure make the service on the
Isthmus less desirable than that In the United
!?; Mes But h .- to be remarked that the original
ro.:cltlons " unhralthfulnofi which existed when
DM anginal rate for shovclmen was fixed, in i!x>4
IMcbing of 'family Sliver
Special care is given to the matching
and reproduction of family silver,
either antique or modern. Drawings
and estimates furnished upon^request.
Reed & Barton Sllverworks Established 1824. •
REEDsBARTONCO.
SSS? FiflhAve.fe32ndSt. i aPi',
Sicrimg S,k Silversmiths and Jewelers Art Stationery
COMMANDER W. F. FULLAM, U S. N.
Commanding the U. S. S. Marietta on Central American coast.
(Photograph by Alman, New Tork.)
have been greatly bettered, that the yellow fever
has been stamped out. that the rate of death and
Pickness among Anvrlrans is exceedingly low and
that life on the isthmus is becoming more and
more llko that In the United States and this im
provement In certain to continue. The opportunity
to vist: the United States oach year if Improved
i- a great aid In inaiutulxiliiK health. It has been
urged that service on the isthmus so undermined
the health of the Bteam shovelman that he Is ut
terly unfitted for work In the United States when he
returns. I cannot agree with this view The
health statistics and th<- pt-riera! condition of the
Americans on the Isthmus refute the claim.
It Is also s;iM with truth that service und«-r the
commission Is attended with a possible risk of per-
Bonal Injury, due to the negligence. 6f superior offl
oers, <]aiiiM>;.-s for which ■■<'.- not recoverable under
lh< law from th«» commission, while such Injuries
as are duo to ti •• negligence of contractors in the
United Btatea entitle employes of the contractors
to compensation.
CONSIDRP.S KATE SUFFICIENT.
It is, of course, difficult to weigh tho monny
measure which should be allowed for* the disad
vantages which American laborers and employes
on the Isthmus have to bear, but one must bear
rived at: and, nft«»r giving full effect to all the
considerations stated. I am strongly of opinion
that the rate of wages on »Jie Isthmus, taken with
the advantages which are enjoyed by the shovel
men on the Isthmus under their terms of employ
ment, ar« sufficiently %i excess of the usual rates
of wages in the United States fully to make up for
tho greater strain and ri^k upon th« employes on
the Isthmus. There Is a difference In favor of the
isthmian Bat rate of wages of from 28 to 85 per
cent, while the .'.-rt. limy of twelve months' em
ployment out nf the year the six weeks' leave
with pay, together with free quarters, free fuel
and free light a:id free medical attendance carry
the advantage of the Isthmian rates of wages ex
pressed In r">rcentag< easily to 75 per cent. Mr.
Bhor.ts and Mr. Stevens rr.nke the percentage con
siderably ovei this.
There are not more tban seventy steam shovel
engineers and not more ti an seventy ■ esmen
on the isthmus, and the additional expenditure to
whi.-h the government would Jr>" put In Increasing
their wages mlcht h< comparatively small: i.ut the
truth Is that the rate of via es paid to the steam
shovel engineers la i garded on the Isthmus and
properly regarded, as the basis for fixing the rates
of sll the other Amrrlcfin construction employes
who are paid a class rat*;. I quite realise the t i'm
barraamnent and Interference with the progress of
i work whi.h would arise if the steam shovel men
withdraw from the service of the commission and
that this Injury would be greater to the commis
sion than to an employe whose source of labor
supply Is near*! at hand; but it seems to me- that
the figures 1 have plven above show that th«
request of the steam shovel men. that tho| r waires
be increased over the present liberal standard ii
v| f>l i i r V a f ° n r and , thai if tllf p demands h <*
yielded to for foar of their, withdrawal from the
servW. a precedent will be net which In thr
end, would work much more Injury to tl-e work
than tlie embarrassment that m! ht arise now from
their withdraws.!.
Secretary Taft takes is*ue with the ..team shovel
men in their contentions that they were told that
they might count on a gradual Increa c In their
wages, and that the one increase they had re
ceived was equivalent to a bonus, and therefore
was no Increase at all. Hu says that the Increase
jrramed was greater than any possible bonus, and
that, moreover, there wns nothing In the contract
or printed announcement w'hjch* assured these em
ployes a gradual Increase of pay. He adds, h-.w
ever, that tiie government may well afford, In its
owh Interest, as well as In the interest of the em
ployes, to pay a premium for length of service,
(such as obtains In the army. Hlh recommendation
on this subject baa been approved, and the com
mission will be directed by the President to put
the plan into effect at once. It provides a yearly
Increase of 3 per cent of tho class or basic rate
paid to all skilled workmen, engineers, conductors
and mechanic* who i,r.- from the United States. it
would be necessary, however, to have served me
yoar In a certain class. This will add 8 per cent
to the salaries of some of the steam shovel men
and other employes now* and will Inure to the
benefit of the other employes- if and when their
length of service In th< class reaches the required
period.
"It will furnish a 'motive for their continuance
In the service," says Beeretary Taft; "will give
stability to ti e organization, and will moderate
the tendency to frequently recurring demunds f<.r
increases in the class rates which the peculiar con
ditions of work and life on the Isthmus develop."
* INCREASE FOR SOME TRAINMEN.
The, petition of the construction locomotive en
glneers next Is taken up, and, after referring to the
fact that these men started at $150, the Secretary
saya that, Inasmuch as it seems to be conceded that
they, as well ns steam shovel engineers in the
United States, receive about the same rates of pay,
the' i-alurif-.'i should be fixed at $210 v. month, the
amount asked.
Beeretary Taft says the subject of overtime was
the only one on which an agreement could not be
readied between the locomotive onerinoers. Mr. Ste
vens and Colonel Ooetbala. The baniH of an <>i>
enitlriK day on tho isthmus, he says, Is eight hours.
Tha operation of the steam* shovel fixes this, and
Steam shovel men are no! re<julrod to work more
than this time. But, he says, the construction lo
comotive engineer who works In connection with tiio
etoam shovel men "must necessarily, an do all en
gineers, report for duty one-half hour before start
ing from the yard and be eii(,'iiK^(l one hour in
shifting bis train to the place of work In the
NEW-YORK DAILY TRIBUNE. MONDAY. MAT 6. 1907.
morning and returning it In the evening to the
yard."
The, Secretary maintains that this was the vle-w
of the locomotive engineers one year hro, when by
thrlr agreement they contracted that. Including
their reporting for duty, their day should l»e con
sidered one of nine hours. From that position, he
sa\n, the engineers now withdraw and ask over
time for a ninth hour. In addition to their Increase
of $3o a month. He adds:
The equality nf w:ige between the locomotive
engineers and the steam shovel engineers is predl
catad on this necessary dlfforen< c in the time
required of the two classes of employes. For this
reason, it do«-a not seem fair to me that the addi
tlonal hour of the locomotlvj engineers should be
regarded us a basis for any additional compensa
tion over th^t of the steam shovel engineers. The
difference In the time ie in the difference In the
functions performed by the locomotive engineers
und the Ht.am shov.-i engineers in furthering the
same construction work and making the same con
struction day of eight hours.
THE EIOHT-HOUH LAW
As to the application of the elght-lionr law to
these man, the Secretary says:
In pressing their petition for overtime ray for
th" additional hour they are engaged over the elrht
hours, the construction locomotive engineers s'A-m
to invoke the standard fixed by the federal eight ■
hour law. If the federal elKht-hour law applies to
them, then they can bo engaged only eight hours.
That law can not be r\a<i>d or avoided wh*n It
hiis application by treating part of the regular
tlnitt tiiken us overtime nnd paying ■ regular wage
und then a wage for overtlrno. That law In nn
absolute limit upon the regular hours of employ
ment, and the only '.epltlm.it »■ overtime which can
be allowed and paM for when the eight-hour law
Is applicable Is for the tlm nsumed In meeting
an emergency which could not be reasonably antici
j>.ite.i Bucn li not the additional hour during
which th.- locomotive engineers are necessarily and
regularly engaged In running their engines und
trains to th< Steam shovel In thn morning nnd in
tfrkiriK them back to th« yard at nlghi Tnerefor^,
the eight-hour law lends them no support for con
tention l.ere
Secretary T;.ft approves M ■ wtse compromise a
suggestion i»> Colonel Qoetbals that tho overtime
Hhould i>e added to the six weeks' leave with pay
to which each employe -In entitled each year. "In
'this way," Kays Secretary Taft. "the. overtime,
could be enjoyed In the United States."
The proposition of Mr. Btersni and Colonel
<io"t!.alH to Increase tho pay of construction train
conductors from 1170 to $u«" a month Secretary Tart
thinks reasonable. They have asked for the same
traces us the engineers, to wit. $'.;'." He holds that
there In do ground for • uUntaining an «-<jiiallty
botweon tho wiij?cn of the two. "Tne preparation
needed to lit a ninu to be a construction train
conductor," im remarks, "is much lens than tiint
needed to fit a man to l«- « llher v freight con
,j . t,. r or the engineer of it construction train. He,
has nothing of the responsibilltj of the freight con
ductor in the switching and cutting out of oars at
btatlons uii'l In the matter of way bills. The duty
of the construction tr.iln conductor Is chleflv to
guard the rear "f hi* trnln. He has very little
eIH" to do with Its operation." F"r this reason
Secretary Taft sava timt the Increase from ji7<» to
P9O Is all that can be reasonably Justified.
Tho various changes by order of the President
become effective on May 1.
DENEEN WITH TAFT?
Chicago Rumors of a Compromise in
Illinois.
H}y T«le«r*ph 'o The Tribune I
Chicago, May 5. — With the return of Governor
Deneen from Washington to-day, following re
ports of his conferences with President Roose
velt und Secretary Taft. local politicians real
ized the fact that tho campaign for Governor
la launched. The Governor's Washington visit
la regarded as the beginning of tho political
manoeuvring that will take place In Illinois
from now till tho state convention la hold, a
year lichee. a compromise between the, Deneen
■and tho Senator's organizations, the terms of
which will be the ronomlnatlon of tho Governor
and the return of Albert J. Ho.nklnH to the
Bonate. Is declared to be the most probable
result of tho Washington negotiations; Thero
are also local indications that some such ar
rangement has been proposed to tho Governor
by the leaden who have been fighting- him.
Although the Governor declined to discuss the
subject the politicians who talked with him Im
mediately nfter his arrival are satisfied that he
effected some kind <»f an understanding between
Secretary Taft and himself which Is expected to
Kivo mutual benefit. ♦ '
"There Is no doubt in my mln.l that Governor
Deneen Is with Mr. Taft for the Presidential
nomination t<> a llnlsh." said a friend of Gov
ernor Deneen who talked with him to-day. "If
Governor Denee* can control the state conven
tion he can have Mr. Taft Indorsed as second
choice to Speaker Cannon. That's as good as a
primary Indorsement for the Secretary. It will
be worth while to watch the manoeuvres of the
general organization."
j •
-PRESIDENT FOR TAFT."
Ohio Politician Tells of Inteniew—
■Southerners for Him) Too.
[I!y Trlefrrapb to The Tiibuno.l
Cleveland. May. S.— Jay Miller, of Bellefon
taine, who was the Republican candidate for
Congress In the Bth District, tald to-night that
President Roosevelt told him at the White
House last Monday that Becrctary Taft should
be nominated for President.
"I assured the President," said Mr. Miller,
"that Taft'p strength In Ohio was growing, and
explained ti> him that tho primary bill would
soon become a law, thus enabling the propbsed
test of strength between the Taft and Foraker
* forces. To all of this the President most pleus
| antly replied that Secretary' Taft should be
; nominated, and said that he was the best
| equipped man for the ofllce. The President said
this was a fact because of Taffs knowledge of
) the presont condition* of national affairs. He
! «Ud further that the Secretary was a man to
whom had been intrusted some of the most
delicate affairs of the present administration.
"While- at the Jamestown exposition I was
much Impressed by Interviews I had with many
% at the most prominent politicians of the South
ern states. With one accord they said that
'President Roosevelt Is a democratic Republican
and good enough for us, and if ho Is not nomi
; nated wo would like to see "Bis iilU". . Tuft
! cJicaea.* •V--T.;-:
(fxknch republic pkopzrtt')
NOTICE
We caution Physicians
against accepting sub
stitutes so-called
"VICHY" offered by
unscrupulous dealers.
Not Genuine
without the word
I without the word
I lUAs«fis7 ißffkiifirilF !
ARMY AND NAVI NEWS.
An Officer Compels Respect for
Neutrals' Rights.
[From The Trlbun* Bureau.]
"■'• ■./ Washington. May 5.
A DIPLOMATIST IN COMMANP.— No officer of
the navy has recently rendered more valuable ser
vices, from an International point of view, and ex
cited more approbation at homo and abroad than
Commander William Freeland Fullam, in charge of
the Marietta, in the Caribbean Sea. It has be*n
particularly fortunate for tho United States and
for foreign Interests In general that within a year
his haa been the nearest ship to the only two po
litical disturbances that hnve occurred In the West
ern Hemisphere, and on each occasion he has been
able promptly to exhibit knowledge of International
law and Insure its application. The Marietta hap
pened to be the only national vessel in Cuban
waters last year In the critical period whli^i led up
to tlie second American intervention. Fullam Im
mediately landeu his bluejackets at Clenfuegos and
protected property that had become the object of
attack by the Cuban insurgents, this prompt ac
tion having such a salutary effect on the revolu
tionists generally that they abstained from further
operations against plantations, and foreign property
throughout the island wns thereafter unmolested.
More recently Commander Fullam's enforcement
of respect for the American flag and the rights of
neutrals along th»» northern and eastern coasts of
Honduras and Nicaragua hts b*en of especial value
not only for the present, but in establishing prece
dents which will be followed by naval officers here
after. Fullam was born at Plttsford. N. V.. on Oc
tober 20, IRT>S. nnd beoam« a cadet midshipman for
th» 29th New York District in 1873. He has been on
duty at the Naval Academy frequently betWUM
cruises, and devoted much of his time to the study
of questions of American policy, becoming a rec
ognized authority on them. As commandant of
cadets he marched at the heßd of the most con
splcuous brigade In the Inaugural parade of two
yean ago. and was cheered continuously along the
line from the Capitol to the White House. A nigh
nuthorlty several days ago referred to F*ullam In
th»-s« words: "It Is contemporaneous history which
Fullam, still In crfTimarvd of the Marietta, rioa been
making In Central American waters. He has again
proved equal to a delicate nttuation and has Justi
fied the expectations of his seniors in the service
who have observed him as a man of readiness of
resource. intr»nfdltv of action and as diplomatic as
ke Is fearless." j , . . „:ufi?Wii
I.ONVJF.FI COURSE AT WEST POINT.— War
Department Is In something of a quandary over th«
situation which makes it necessary under a law
enacted at the last session of CongTess to admit
to the Military Aca.lemy on March 1, 190S, the
cadets who will succeed to th« places made vacant
by the graduation of member* of the first cla*«
on the following June. It was Intended when
this law was enacted to lengthen the period of ln
ptructlnn at the Military Academy, but In dolns;
this Congress fntled to make provision for the pay
HTid allowances of the extra cadets. There hap
n^nn. however, to b« nufflclent time before March 1.
wli'n th<» new cadets will be admitted, to obtain a
deficiency appropriation from <*<it^gres».
ORADUATIONB AT ANNAPOLIS— Th» Secre
tary of the Navy has approved th« recommenda
tion that exercise* be lield at the Naval Academy
at Annapolis nn June •? for the graduation ot\ the
remntmW of the class of 1907. There are now
serenty-four members of that class, which has
had Iwo Krii Illations, ere last September and th»
mwond In February. This will probably be the
la»t Class to have these, premature graduations, as
the Naval Academy authorities are oppoFed to any
shortening Of the academic term. Succeeding
superintendents have Jlled protests against having
the midshipmen leave the academy within a
shorter period than four yearn to be succeeded by
two years at Ffa. It Is considered that this period
Is hardly sufficient to meet all the requirements and
fit the youna; men for their dutlen.
PRISONERS ON MARIETTA,
Fullam Refuses llonduran Demand
to Deliver Men.
Puerto Cortez. May 1 (via Mobile. May 5) —The
investigation of the aßsault on the American
negro, Davis, by soldiers of Nicaragua and
Honduran police han been plared In the hands
of Captain Wtnterhalter nnd Acting Consul
Greely, who have not finished the examination.
Yesterday Commandant lionllia, of San Pedro,
and Dr. Mitchell, American Consul at San
Pedro, ram* to Puerto Cortez on a Bpeclal train,
with communications from the provincial presi
dent. General Miguel R. Davlla. to confer with
Commander Fullam of the Marietta, and to de
mand the surrender of the men now In Irons on
the war ve«flels to the authorities of Honduras.
The mission was a failure, as It developed that
no courts have been lti existence tn this depart
ment for more than thirty days.
The civil and criminal authorities and the
military authorities of Honduras have failed to
enforce order or law— ln fact, only military rule
has prevailed, and that has proved inadequate
to protect life and property.
Commander Fullam and the consul having
undertaken the Investigation and the condition
of Davis being serious. Commander Fullam re
fused to surrender the prisoners, and Bonllla
left here on a special train in a bitter frame of
mind, expecting to return to-day.
The commandant at Puerto Cortez was re
lieved to-day, and General Juan J. Estrada, of
the Nicarag-uan forces, wan placed In command.
No newe comes from the Interior. Telegrams
and cable dispatches are censored, and are only
forwarded with the approval of General Es
trnda.
TO TRAIN FLAG OFFICERS.
Old Law Allowing Appointment of
Comm/indcrs To Be Invoked.
[from Th* Tribune Huraau. ]
Washington. May s.— The attention of the Presi
dent has been called to an old law enacted as far
back as 18S1 and embodied in section 1434 of the.
Revised Statutes, title 15. chapter 2, with the fol
owlng phraseology:
Th« President may select any officer not below
the grade of commander on the active list of the
navy and assign him to the command of a squad
ron with the rank and title of "fla<j officer." and
any officer no designated shall have th« same
uuthority "and receive the same obedience from the
commanders of ships In his squadron holding com
missions of an older date than his that he would
be entitled to receive* lf his commission were the
oldest.
This forgotten statute Is now brought forward
p.s a means of relief from what is regarded in some
quarters as a menacing situation. The naval per
sonnel bill failed of consideration at the last ses
sion of Congress, and one of Its principal provi
sions, it Is now conceived, can be accomplished by
taking advantage of this old law, by means of
which commanders may assume the command of
squadrons. This will contribute to that condltl n
which Is regarded as most Important In the train
ing of naval officers by affording command* r> the
opportunity of exercising squadron command. MM
obtaining that familiarity with general —iiainis
Which, it must be admitted, comes culy by aCttsa]
aiid practical work.
Mens High-grade Silk-lined
Sack Suits and Tuxedo Suits
Made to Order for $36.50
HPIIIS is a movement to more broadly introduce our finer Custom
Tailoring to men who like luxurious clothing, and appreciate a
saving on its cost.
We shall use in the suits the fine gray and black fabrics, import
ed and domestic, fancy cheviots, worsteds and cassimeres, and genu
ine J. T. Clay Serges, in blue and black, that we make up regularly
at $43, $4,3 and $50. ,
These we will make up to your order, in single-breasted sack coat
style, tailor them in our best manner, and line them with pure silk
lining. And they cost you only about the price of the better grade
of ready-made clothing. _
Then we will make to your order Tuxedo Suits, of fine black
and Oxford-mixed unfinished worsteds, in Summer weight, richly
silk-lined, at the same price, $36.50 a suit — to order.
Custom Tailoring. Main floor. New Buildln?.
JOHN WANAMAKER
Formerly A. T. Stewart & Co.,
Broadway, Fourth avenue, Eighth Jo Tenth street
CONTROL OF RAILWAYS
THE POWER OF CONGRESS.
Judge Suggests It Can Take Charge
Under Post Roads Clause.
Washington. May s.— The following letter SJM
addressed to President Roosevelt by Judge E. H.
Farrar, of New Orleans, on April 2. Judge Farrar
had an interview with the President yesterday on
the subject, and. with the President's permission
and at his request, gives the letter to the public:
The transportation problem In this country has
assumed such an acute phaue that it must have a
satisfactory solution. 3o long aa there is divided
control over the great public highways and th«
corporations that manage them, no such solution
can be reached. As quasi-public corporations they
are. by their very nature, subjeot to public control
and regulation. Vnlty of. control ami regulation Is
essential to their welfare and efficiency, and essen
tial to the welfare of the public to whose service
they are dedicated.
The republic is confronted with the same situa
tion In regard to transportation that it faced tn re
tard to the money question when the. Bank of the,
'nltt'd States was Incorporated and again when the
national banking system was Inaugurated.
It found a satisfactory solution of those Mtua
tlons by the u*e of the granted and incidental
powers of tho t'nnstitutlon.
As you and your advisers are studying this ques
tion, now before the American people. I ask that
you permit me to make some suggestions, which I
hope will hm helpful. i~ -
In my opinion, as a humble student of the Con
stitution and as a Democrat who belongs to the
school of "Fair Constructloniste." there ia full
power in the Constitution of the United States, as
now written and interpreted, to take full, absolute
and exclusive control of the whole subject, by the
exercise- of the power granted in paragraph 7 of
Section 8 of Article I of the Constitution, which
grants to the Congress power ""to establish postof
tlces and post roads."
The postal grant contained in this paragraph ia
exclusive in th» fe.lrral government. No 'divided
control of such » system by separate sovereignties
In the Fame territory 1b thinkable.
Th« t".'iifcir>'s< can adopt such means for the exe
cution of till* granted power a« in Its Judgment are
convr:ilt»nt. necessary and proper. s>e Paragraph
18 of Bectlon § ol Article I. und McCulloch ugt.
Mfvcylund, 4 Wheaton. p. 31*.. and a host of later de
cialona too numerous to Quota,
"CAN FORM CORPORATIONS."
The formation of corpovaUons, as a means for
executing th.< powers of the Government uf the
United st;it.-s. la a conatitutlonal exercis,.- of the
federal powers. (McCulloch agt. Maryland, 4
Wheaton, p. Blj psoora agt. Hank of United States,
8 Wheaton, p. 7:«.
Wh.-n such a power is exercised by the federal
government the corporations organized under its
authority aro Instrument* designed to be used la
aid the" government In the administration of a
branch of the public senrlc*, and the Congress,
which 1h the sol*- Judge of Iho necessity of their
creation, having broiiKUt them into existence, the
Mutes can exerctae no control over tht-ni nor In any
way affect their operations, except bo far a* the
Congress may see proper to permit. < Farmers'
Bank agt. Pea ring, 91 United States, p. 29)
The power of eminent domain, for the purposes
cranted to it. is fully v«jsu-d in the I'nlfed States
by virtue of Its sovereignty. iKoh! a*t. United
States. 91 United States, p. 367.) It can expropriate
land for a po3t road as well as for a postofßco. and
It can delegate the power to a corporation OTSjan
lied under Its laws^as a national poet road corpora
tion. . . «
Just as the government in the exercise of its
power to borrow money and collect taxes created
the whole cational banking system, and gave the
banks thereunder organized th* right to establish
themselves In every locality In the natton and to
deal with corporations and individuals within the
whole sphere of the buslnes of banking and all of
Its Inclaejits. Just co under its i»wer to establish
poßt roads It may organize corporations for the pur
pose of building and operating such roads to carry
the mails of th« United States, the troops of the
United States, the supplies of the United States,
tlio officers of the United States, in their passage
from one part of the country to another In the
performance of their official duties, and tncUlentally
to transport individuals and the freight of Indi
viduals under the regulations fixed by the Congress.
POWERS OF RBCMJI*aVTION.
These corporations being creatures of the United
States and Instrumentalities provided by it for the.
proper and convenient Performance of its govern
mental functions, the United States can regulate
them as follows:
Their niode of organization and management.
Their capital 6tocks and their creation of debt
and the Issuance of securities.
3d— Their operations down to the remotest par
ticulars.
4th— qualifications of those employes, such
as engineers, llremen, conductors. Inspectors, brake
men, telegraph operators, etc., on whose capacity
depends the safety of ltf» and property. All of
thesa men can be subjected to government control
and license, and for incapacity and misconduct
their licenses may be revoked.
sth— The misconduct of officials and employes, In
the performance of their duties, can be restrained
by criminal statutes.
6th— These corporations can be shielded from all
state interference and control.
7th— They can be protected from the prejudice of
the local jury and the CO per cent damage lawyer,
by giving them the right to sue and be sued in the
United States courts alone.
Bth— They can be protected from all state, county
and municipal taxation by provisions fixing how far
and In what manner and to what extent they may
be taxed by the states and their subdivisions.
9th— relations of their employes to each other,
a« fellow servants, can be detinltely settled on sci
entific principles of the gradation of authority.
10th— Their duties in regard to settling claims
against them for lost or damaged freight can be
regulated to the reasonable satisfaction of the pub
lic.
11th— rates which they charge for passenger
and freight service can be regulated and all dis
criminations abolished.
12th— Their Interchange of cars, freights and pas
sengers with each other can be regulated.
13th- agreements they may make with each
other in regard to Joint rates and pooling agree
ments can do controlled.
In order to get this absolute control the power to
organize these corporations must be pitched on
some grant of power In the Constitution which Is
not only exclusive but which In its exercise is all
pervading. The power to regulate commerce
among the states and with foreign nations is too
narrow for such purposes, because there is ai. im
mense muss of commerce In this country which is
entirely beyond the control of the Congress.
Transportation us an element of commerce can
only be regulated by Congress In so far as It ia
interstate or foreign transportation. There is an
immense mass of transportation which is absolute
ly lntrajstate. and over which Congress, by virtue
of its commercial power, has no Jurisdiction.
But the power to establish post roads ia co
extensiv with the limits of the United States. It
enters into every remote corner of the territory of
the United States and extends from every point
within the territory to every other point therein.
It gjves th« government power to establish a post
road from every point to every other point to na
tionalize these, roads, to provide all the ter: and
conditions for their use nnd operation, and to create
corporations as Instruments to facilitate the gov
ernment in the performance of this exclusive func
tion.
I believe that- the authors of the Constitution. in
contemplation of the vast distances separating the
parts of this Republic from each other, granted
Hooks and Publications.
The
Veiled Lady
By
F.
HOPKINSON
SMITH
Illustrated. 1.50.
Sprightly and entertaining. One of ths
best of the season's hooks. — N Y. Tribune.
Charles Sgribner'S Sons
this exclusive power to the federal government la
the expectation and belief that the whole country
would be knit tOKether by hisrhways constructed
and operated hy the central government, in th»
full knowledge that such highways, while having
for their primary object the transportation o" tha
mails, would necessarily be used, secondarily and
incidentally, for the trans- oortation of freight and
passengers. Just aa from time immemorial the stage
coach which carried the mail also carried pasaen
gers and freiarht.
Ti;.. 1 federal government did construct one such"
highway thro the states of Maryland. Virginia.
Pennsylvania and Ohio, known aa the "Cumber
land Road." but. unfortunately, the subject fell
Into, the domain of politics, -.he road was not Kept
up and It w;is finally abandoned to the states
through which It ran. under rartooa statutes, botli
of the United States and of the states, the inter
pretation of which gave rise to litigation. (3ee
Searighl astt. Stokes, 3 H >m 151: Xetl a?t. Ohio. 1
H.>\\ T*J9; Achison agt if iddleson. 12 How 293.>
There ls no legal difficulty In providing for th*
entrance of all existing corporations created by th©
stat.--". now H|l|iil in carrying- th* United States
mails, into any corporate existence of thla kind
provided by the Congress. By the 44th Section of
the National Banking act, ■ xisting banks organ
ized under the state law were authorized to or
ganize under the National Banking law. In Casey
art- Galli. 9*13 S.. p. •ii. It waa held that no other
authority than that eonfwnvd by the Congres9 n-gj
required to enable a bank existing under a general
or a special state Haw to become a national bank-
Ing association, and that it v.is as competent for
the igresa to authorize the transmutation as tt
was to create such Institutions originally.
It is possible that In order to put the matter on
absolutely iiniiapnilsMi grounds the title to th »
rights of way of all these post roada would have
to be put in the United States, which would grant
the rtitht perpetually to use these rUhts of way
for transportation purposes to the corporations or
ganized by it under the conditions and limitations
tixfd by the law of their organization.
If that were deemed sjecaaaary it could be es
tablished that one of the conditions upon which an .
existing corporation should transmute itself into
a federal corporation should be the assignment
of Its title to Its rights of way to the T'nited States
government as a post road, subject to its right of
perpetual use thereof as a federal corporation un
der the conditions and limitations of the federal
3tHtUt<».
The above !s a mere outline of the plan whlcn I '
suggest, and an Indication of the principles and
authorities by which I bettsve It to be supported.
m
PRESIDENT MOVES FOR GOOD HOMES.
"Washington. May s.— Through the efforts of Pres
ident Roosevelt a vigorous campaign Is to be con
ducted for the betterment of tenement house con
ditions In Washington. The President recently des
ignated James B Reynolds to investigate the
•housing problem." and Mr. Reynolds has submit
ted his report, with a recommendation for a com
mission of fifteen, to be known as The President's
Uoaaea Coannlaaißn." This report has been ap
proved by ike President, who to-day announced tn«
appointment of a commission.
Coward
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Coward
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Relieves and prevents
•• foot " and strengthens
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The remedial features of
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do not interfere with its
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FOR MEN, O.MBN AND CHILDREN.
/ ' . " —
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JANES S. COWARD.
268-274 Qreenwlch St., N. V.
O'iu w.bi-.v Stsut.)
ilaU Order* i-Uiwl. S«a* Mr Catasaps*
3