Y OL LXVU....N* 22,294.
STATE RECEIVERS i\o\V
LOCAL TRACTIOX SXARL.
Justice Seaburif Names Three for
City Railway and M. S. R.
Justice Seabury In the Supremo Court ap
pointed yesterday Paul Fuller, J. Hampden
Dougherty and Kelvin G. Pallieer receivers for i
•■ >:•••■ York City j:a:lway Company in an !
fiction by Attorney Genera] Jackson to dissolve I
tlMst company and declare forfeited all Its cor- j
j-orate right These tame men were appointed
receivers for the Metropolitan Street Railway j
Company in a companion action to oust the
directorate of that read and compel its members
10 render an accounting for their acts since- 1886. •
Since Adrian 11. Joline and Douglas Robinson.
appointed receivers by Judge Lacombe in the
United States Circuit Court, already hold pos- j
t'rjMon of the books and properties of both com- |
panics. Justice Seabury by his action has pre
. Ipltated a long struggle between state and j
federal courts for jurisdiction over these com
panies, which will probably pr» finally to th*> j
1 Ited States Supreme Court.
There Is little likelihood of a physical clash.
the probability of which a short time ago caused
.'jdge Lacombe to instruct United States Mar
thai Henkel and his deputies to take charge of
the properties under t 1 - fed ral receivers and
: ieid them to no one. Jus'.ca Seabury in his
.k'cislon expressly directed his receivers to pre- |
f-ent the Question of jurisdiction in an orderly i
fashion to the United States court, and In the
mean time not to molest or Interfere with th<»
federal receivers in any way other than by
due process of law.
Little likelihood exists, also, that the federaj
receivers will relinquish their task unless or- j
dered to do so by the court of last resort.
Adrian H. Jolir.e listened to a eynopsls of Jus
tice Scabury's decision with interest, and then
remarked in a most matter of fact fashion:
"Well, we don't care especially. This is a mat
ter of entire Indifference to us. We'll continue
■ it work on the companies affairs, as Judge
Lacombe directed us to do when we were ap- i
pointed, and I don't expect we'll be disturbed.
If there is any interference with our duties, the
affair will have to go to the courts. But, then.
I don't look forward to any conflict or clash of
authority. The courts will settle it."
NO PHYSICAL CLASH FEARED.
Judge Lacombo last night said that he was
certain the case would not result in any at
tempt to take physical possession of the rail
road properties by the state receivers.
"The Attorney General has said that then
would be no physical conflict," said he. "This
situation will come before the courts In duo
• ourse, and be carried up until a final decision
is reached."
The state receivers, who must qualify in
$100,000 In each case, held a conference last
evening with the Attorney General, and agreed
partially on their course of action. This will be
decided at a further conference to-day, and
without much doubt the preliminary steps will
be taker, to carry out Justice Seabury's instruc
tions. Already they have engaged Herbert R.
■Li'.nburg as counsel. Mr, Llmburg is a Hearst
man and an Independence Leaguer, as are Mr.
Palliser. and the Attorney General.
Attorney General Jackson, in his action
gainst the New York City Railway Company,
asked that its corporate existence be ended, as it
had been insolvent for at least a year. As to
■the Metropolitan, Justice Seabury' b decision de
clared that proof before him established beyond
question the fact that not only had the com
pany been insolvent for one year, but for sev
eral years. Taking up the Attorney General's
.harges that the New York City Railway re
ceivership was brought about by collusive ac
lion. Justice Seabury tartly terms the action
suspicious.
"While the unity of action and purpose," he
says, "which seems to have actuated the plain
11ff and defendant in that suit, together with the
< xtraordinary, if not unseemly, haste which
characterized the action taken, cause much sus
picion to arise in every unprejudiced mind, it
must be remembered that suspicion, no matter
how well founded it may be, does not ri?e to the
Oignity of legal proof, upon which alone courts
may base the Judgments or decrees which they
render in Judicial proceedings."
PURPOSES OF TWO ACTIONS.
The purpose of the suit In th«» federal court
and the action in the state courts are. he goes
on, radically different, th.; suit in the federal
court being based on an assumption of the con
tinued existence of the corporation, and seeking
to liquidate its affairs, only so far as necessary
to protect the interests of the petitioning credit
ors, while the action in tho state court is pri
marily to terminate the existence of the corpora-
Lion by forfeiting its charter.
Justice Seabury quotes an opinion by Justice
Rradley In which he held that where two courts
h T .i coucurrent Jurisdiction over a subject of
controversy, tJie court which first assumed Juris
diction had It exclusive of the other; but where
the objects of the suits were different, this rule
did not apply, although the thing about which
the litigation was brought was the same in both
cases.
After quoting decisions in the cases of the
state against the Port Royal & Augusta Rail
way Company and the Louisville. New Albany
and Chicago Railroad Company in the Indiana
courts a* furnishing precedents In line with
Justice Bradley's rule, Judge Seabury goes on
to say :
Courts will not indulge in considerations of
<f»»)ity when to do so would disown their own
jurisdiction in reference to a matter of which
they have the exclusive right to act. or when
to do so would work to the prejudice, or injury
of residents of their own state. A corporation
can only cease to exist by virtue of a surrender,
forfeiture or repeal of its charter, and such
surrender can only be made to and such for
feiture or repeal effected by the state.
Neither the federal court nor any other power
than that of the sovereign to which the cor
poration owes its life and franchises can cause
a forfeiture of these privileges. There is no
principle more firmly fixed in English and Am. i
ican Jurisprudence than that the state which
zave can alone take away the life and privilege*
of a corporation.
JUSTICK OF REGULATION
A corporation owning and operating public
franchises owes primarily a duty to th.- state
«"hlch created It. Boca being the case, they are
subject, as has been repeatedly held, to govern
mental regulation and supervision. But th*
effective exercise. of the power of regulation arid
mpervision depends upon the continuance of
-'at*- control over the franchises which the cor
{"•ration enjoys.
Th« exercise of railroad rights involves
*he exercise of the state's sovereign power.
aiid ..-annot be delegated 'without the con
sent of the state. The enjoyment of thero
privileges Impose* corresponding dmics on
the corporation*. It is clear, therefore, that
» railroad corporation is chargeable with the
i-f-rformance of public governmental functions.
"r ; '1 when it offends against the law of the
state, or has remained Insolvent for at least a
year, the state, has the right to forfeit its char
ts. Pending the rendering of final Judgment In
rach action, the state court may appoint a
temporary receiver, and thus retain within its
■ <ntr'd and In the hands of another of Its own
agents the powers and franchises which it orig
inally gave to the corporation, the proper a<J
inln'^tratlon of which constituted the primary
PUrpcVi of conferring them. Tho fact that the
t ...'jiiuufd oa Ujli«l y-'i'-
t t SU ,»*. NEW-YORK. SATURDAY, NOVEMBER .50, 1907.-SIXTEEN PAGES.— r&SSStJS&Su,
STATE MUST GIVE WAY."
Federal Court Holds Intrastate Road
Subject to Government Control.
[By Telegraph to The Tribune.]
.St. Louis, Xov. 29.— The Federal Court of
Appeals here to-day decided that any railroad
wholly within a state, but carrying goods con
signed from a point in another state, is sub
ject to the interstate commerce law and to reg
ulation by the Interstate Commerce Commis
sion. The decision was given in the test case of
the United States against the Colorado & North
western Railroad, forty miles long, in Boulder
County, Col., to recover penalties for failure to
have airbrake equipment on freight cars, and
reverses the decision of the District Court for
Colorado.
The majority opinion, written by Judge Wal
ter H. inborn and concurred in by Judge
Willis Vaadeventer, says: "The Constitution re
served to the nation unlimited power to regu
late interstate and foreign commerce, and if that
power cannot be effectually exercised without
affecting intrastate commerce then Congress
may regulate intrastate commerce. The state
mast give way."
Judge John S. Phillips, in dissenting, stands
strongly for states' rights, and f-ays: "The phil
anthropic feature of this prosecution is but the
rose in the mailed hand." He speaks of the in
spectors of the Interstate Commerce Conimis-
Bion .ts having "discovered this inconsequential
neighborhood road out in the mountains of
Boulder County.' and calls the majority opinion
"advanced doctrine respecting the *-yt. -pm ■ >-. . t
federal jurisdiction."
ALABAMA ACTION WAITS.
Governor Comer Reticent Aftvr
Conference with State's Counsel.
[By Telegraph to The Tribune )
Montgomery, Ala., Nov. 29.— After a consul
tation with several of the state's counsel Gov
ernor Comer announced to-nighr that lie was
not yet ready to make any statement regarding
the procedure the state will follow In enforcing
the new railroad lav\s enioinoii by the federal
court
Several courses are open to the state ji may
go before the federal court- and fight the in
junction, or it may ask for a writ of mandamus
in the Mate courts to compel tho railroads to
put the new rates Into effect. Tito entire ques
tion now resolves Itself around the question .if
jurisdiction. It is contended by ninny that there
Is nothing now before the United States court,
us the Legislature has repealed the act upon
which the original injunction vas granted.
The Louisville & Nashville amendment is Bet
for hearing on Monday, rule day, under the
practice rules of the court. It Is expected that
the state will not by ready ami will ask for an
extension of time. The amendment is c
mentary arid does not touch the main ques
tion. Should it be allowed the amendment will
be attached to the original bill and the case
will take Its regular course, the same as the,
lirst injunction.
UXDER RIVER TO JERSEY.
Old Morton Street Route to Ho
boken To Be Opened in January.
The old Morton street tunnel route between
Manhattan and New Jersey will be opened in
tho last veek In January if the workatjthe Man
hattan end of the system continues at the, pres
ent rate. The tracks have been laid from 19th
street and SLxth avenue to a point, near the
Lackawanna station in Hoboken, and it will be
that stretch of the. route which will be opened
to the public in January. In March trains will
be running between 19th street and Sixth ave
nue, this city, to Exchange Place, Jersey City.
The Morton street route has twin tubes. The
northern tube was finished in 1904- It was
started in IKT4 and alter two foreclosures was
bought by the. New York & Jersey Railroad
Company. That company completed it in about
one and a half years. It took two years to buil'i
the southern tube, it was finished In the latter
part of IWZ>. Since then a large force of work
men has boon engaged in erecting the stations
along th«» route and building the extension of
the system fr< ir. Christopher and Greenwich
streets, through Christopher street to Sixi
lino and !Uh street and up Sixth avenue !■■ 83d
street. Another spur is being built from 9th
street and Sixth avenue to Astor Place ainl 4th
Ktre<v_. Bach t\ib« has a diameter of ir.'-i feel
and a length of T>,700 feet.
The. stations which will be first opened to the.
public are at Christopher and Greenwich streetc,
'Jth. 14th and ISth streets, this city, and th :
one adjoining on the south the Lacka wanna sta
tion In Efoboken
MILLIONAIRES AUTO KILLS BOY
W. L. Mellon, of Pittsurg, Runs Over Ara
bian Lad — Gives Father Roll of Bills.
[By Tel'^rap). ' ■ Th« TribttQ*.]
Pittsburg, Nov. 20.- w. l>. Mellon, tbi mill
ionaire oil operator of Pittsburg, this evening
ran over and ki.ied a little Arabian boy, Shaes
sock HoT\ie. T!ie automobile was swinging into
Grant Boulevard when the boy, about six years
old. attempted to cross the street.
Mr. Mellon r-arrled the. body to the home of
the lads father. Said Howie. No. ll'iti Grant
Boulevard. Taking a large roll of money from
his pocket, the millionaire handed it to Howie
and departed. Later his chauffeur, Alfred Mer
chant, was arrested.
DIBECTOES CHARGED WITH FRAUD.
United States Graphite Company, of Phila
delphia, Alleged Swindle.
Philadelphia. Nov. Twelve directors of the
United States Graphite Company, which went into
'he hands of receivers last July, were held in $5, .00
ball each for court to-day. It was alleged that
quarterly dividends were paid the investors out of
money they had paid in, that tiif- property which
the company owned had not been Improved :in<i
that false statements were made as to n..- financial
status of the company. A former superintendent
nn«i three directors turned state's evidence, and
Philip Goldsmith, an accountant, testified that
while a statement issued for the company In ■ •'"•
(rave the surplus and profits as $123,110 6".'. the salew
up to that time amounted to less than fM,OM, lit
declared the company never had any surplus and
undivided profits, and when It went Into the hands
of the receivers it owed $28,000. The directors held
were Paul Morris, William S. Darnell. Howard W.
Bush, H. H. Mlssimer, August J. Hess, William A.
Donnelly. Edward S. Fritz, Charles A. Welsh. If.
\v. WatkiniM>n. J- C Conrad. N. H. Holtanback
and Mahtoa Van Booskirk.
WANT CASH PAYMENTS RESUMED.
I By Telegraph to The Tribune. i .'
Chicago. Nov. 29. — Two thousand Western
, banks have petitioned Chicago banks for the
i. resumption of (currency payments.
GOW'S DEALS HIDDEN
RAGES TORS FROM BOOKS.
Damaging Papery Removed from
Borough Bank of Brooklyn.
Every pag< oJ every booli of the Borough
Bank of Brooklyn containing a reference to any
of the transactions of William Gow, a director
of the bank, against whom flve indictments have
been issued, ha? i>een systematically torn out
and destroyed, according to Assistant District
Attorney Elder, who will prosecute a further
Investigation before the December grand jury.
Every check cashed by the Borough Bank tho
day before 11 .insert Iti doors has been He
d The Assistant District Attorney, the
temporary receiver appointed for the bank and
the bank examiner cannot find the ..hecks and
vouchers to show what was done on that day.
All the questionable notes tbat the ban* •
have also disappeared.
There are, however, certain other notes and
papers taken from the bank which are In ex-
These notes were bought, it is said, by
a newspaper from one of tho clerks of the bank
find are still in the possession of that newspa
per. Mr. Elder has found out the man who
negotiate^ their purchase, .•■.. N.i he has requested
him to call at his office on Monday morning, and
has also asked him to brii
with him
Three note:-, of Senator McCarren's reported
destroyed are still in the vaults of the bank.
Some old notes of his, however, were taken out
and are believed to bo still in existence. In
fact, the Assistant District Attorney expects to
recover them on Monday. Senator McCarren
said yesterday that he T\ouid par his note?
when they fell oie
It se< the general belief that the man
who took the notes and papers did so to protect
some one olte. Whether he confessed this man's
name could not be found out, but it in under
stood that the District Attorney- office |a confi
dent of finding this man also.
That thero will )■« more indictments ;-.s the
result of tho investigation "f the affairs of the
Borough Bank by the December prand jury
ceerr.s to be certain. One man in th>-> PiPtrl'-t
Attorney's office sai^i yesterday: "I I
from recent developments that the December
grand jury will find even more Indictments than
th.» November grand Jury-" From a conserva
tive estimate It seems records of transactions
amounting to more than Sl»OOO.tibO were de
stroys,i. Every clerk of the Borough Rmk and
every official vi" be examined. Every effort
will bo made to obtain the names of those who
withdrew tt eir d< posits "n the closing day.
From testimony Xi the grand jury
and certain confessions, interesting sidelights
have been brought ■■ t. The day before the
bank closed George A. Zabriski, who had a largf.
ram <•!: deposit, wrote s check to the order of
another bank for $20,000 to h»:p take up a
r $60,000 which fell due that day. The
nt of this bank carried the check over
to the Borough Bnnk. It Is sa.M. and pn I
it for payment. <n;e of the directors of the
Borough Bank met him and paid. "You can't
cash that check here to-day." l.ntor on ho
changed Ms mind and the check was cashed-
A city official, hearing that the Borough Bank
was In trouble, rushed over to tho building the
tlav after it closed and excitedly exclaimed,
"What oan I do to protect myself?" He ivith
drew a large amount in cash.
Another Interesting development yesterday
v as th( -■ that of the confessions madq
by Gow, Maxw< . pbeH only Campbell's
was signed. Fro;:: f.th'-r sources it bad
understood thai all Uu ■ ! signed their
confessions. It was also said that the on :
copies of the-»e were in the hands of the District
Attorney and no copies ha<i been male. As the
confessions were given out to tho press Thurs
day, this statement, If true, is interesting; Mr"
Campbell <iid not swear that the directors were
nt of all the transactions that he. Oow
Maxwell engaged in.
"Thi n no midnight raid on the Bor
ough Bank since t have been here." saM Mr.
Powell, the temporary receiver. "All the books
of the bank rirr In th<- safi . .■<•• c of them be
ing sent u.s by the District Attorney's ofnV»>
to- lay. The checks for tho last day are mtss
iiiK. The voucher file looks like it bad been
ptru» k by dynamite."
A la • rday railed attention (■>
tlon of the banking \hw requiring directors of
to make h thorough examination of th>i
i-"->.-'ks fiM'l accounts of the bank every six
months, and making failure to do so a mis
demeanor.
No detectives are trailing the men supposed
to have removed papers From the bank. De
tectives an assigned to watch both Mr. Gow
and Mr. Campbell. S. S. Wnltehouse, counsel
for the directors of the Borough Bank, said
yesterday that the director* had not withdrawn
money after th« bank rinsed or "tipped ( , "" their
1 1 lends.
Justice B" rr. in 1 1.< Supreme Court, dismissed
yesterday the proceedings against Acting Cap
tain Kuhne and the. d tectives charged with
disregarding his writ of habeas corpus In regard
to Frank Jenkins, except as far as punishing
Captain Kuhne for.contempt.
BROOKLYN BAXK BE PORT.
Assets Greatly Overvalued, Says
Te m porary Receiver.
The temporary receiver of .the Brooklyn Bank.
Bruyn Hasbrouck, will file his report to-day on tho
condition of that institution with Justice Betta at
Albany. This report will disclose loans made oc
such collateral as piano rentals ami leases, and loans
made te church societies without the knowledge
of the. trustees of the societies. It will dtscloso
that the bank has counted among its resources and
assets such items as $189,953 33 of protested paper.
RW',OOO of paper of which the maker was also the
Indorser, and $77,511 of paper already charged off
by the Banking Departnfent as being of no value.
R. W. Jones, Jr.. the late president of the Oriental
E^ank. is Indebted, Mr. Hasbrouck will report, to
the Brooklyn Bank for JUO.OW, directly and in
directly, and It baa also been discovered, tue report
will state, that the Brooklyn Bank discounted a
large number of bills and loans for various persons
nt Mr. Jones's suggestion. The makers of many
of these note- were absolutely unknown to the
Brooklyn Bank, and the receiver expresses the
opinion that Mr Jones can be held liable for them.
The bank values Us real estate at its main of
fices in Fulton street at $87,000. This valuation la
entirely too large, the receiver will report. if
values Its furniture at its main offices at £2,OuQ and
;.t its branch offices at Flatbush at jc.ooo. The re
reiver's valuations are $7,000 and ROOD respectively.
Another Item which the bank claims as an asset
is •'■:<; 10, secured by collateral of questionable
valuation, In the receiver's estimation, and still
another is $287,464 due from the International Trust
Company (Brooklyn branch), which has closed its
floors. Of this amount $243,000 represented stocks.
I>on«ls and securities owned by the Brooklyn Bank
;m<l delivered by the president and cashier to the
Men lary nt V.'.p trust company. «it the latter' i s-us-
Continui* I on kcrood page
AFTER ALL. USHER'S THE SCOTCH
tint mud*, the hlzhbaS famous.— Advu
PORTER IS KEOOGiSIZED.
HAS PRESIDEXTS O. K.
Considered a Regular Republican
Despite Hepburn's Decision.
I From T'u» Tribune Bureau. 1
Washington. Nov. 29.— decision of Repre
sentative Hepburn, chairman of the Republican
caucus, that Representative Peter A. Porter, of
the 34th New York District, is not a Republican
and shall not he admitted to the Republican
caucus, which whs m: *« public in this morn
ing's Tribune, has attracted wide interest in
Republican circles in Washington.
It was declared at the White House to-day
that no doubt existed In the President's mind
us to Mr. Porter's politics and that he would be
recognized as the regular Republican member
from his district regardless of what action
might or might not be taken by the Republicans
of the House, In fact, there is little doubt that
the administration regards Representative Por
ter as a far better Republican than the former
Representative, James W. Wadsworth, of anti
meat Inspection fame.
There seems to have been no doubt in the
New York Assembly, either, as to Mr. Porter's
Republicanism, for he ferv»i two years as a
Republican member. In lOOti Mr. Porter Is be
lieved to have received about lS.OOOTtepul
votes, as against about 14.000 ca:-t for Wads
worth. He was nominated on a petition fi§rnM
by a. majority o? the leading Republi- ans in his
district, -nhilei In the Democratic convention
which indorsed him one-third of the delegates
declined to indorse him because he was a Re
publican.
At the election In Mr Porter's county of
Niagara last month his friends elf ted *«> out
of the 130 Republican members of the conven
tion, thus indorsing hi? regularity, and at the
reorganization of the county committee the
Wadsworth faction was completely routed, 2'J
out of 80 committeemeii selected being friends
of Porter, and this despite the fact that the
Wadsworth faction had been declaring that they
would control 17 out of 3<"V
Xo further word has come from tli" Repub
lican caucus officials of the House, but it is
possible that they may change th»ir mind In
.<r future.
DEATH BALKS MARRUiGE.
Young Williamsburg Girl Expires
nu Daii Preceding Wedding.
The wedding r Issued for the mar
riage of Henrietta Will, twenty-three yeurs ol I,
of No. .'ill Centra] avenue, Williamsburg, f o
>;. rge Hellmiitb have been Miss
Will now lies dead at her home, cla-1 In her
b:i<:.-il gown, -with a wrc;ith of orange blossoms
on her bead, her bands clasping the lllies-of-
I'ley she intended to carry to the altar.
Her death cam*' without warning; and her pa
rents are prostrated with grief. Hellmutfa i*
the ..art- di" a physician.
Hellmuth and Mi^H Will had been lovers since
childhood, and when their engagement was an
nounced last April there was J"y in both faml-
Mep. The wedding whs set for Thanksgiving
Kve, ami sSTeral hundred Invitations were s-ent
out to their friends. Father Hclnzelmann. rector
Of St. Barbara's Church, who had been their con
fidant, had been selected to perform the cere
mony, an<! ftLI arrangements had been made f>-r
the v. , ■ . i . i ■; : i sr .
Sunday evening Hellmuth called on Mi^s Will,
ns did many friends, who offered their con
gratulations. During 1 the evening Misa Will
complained of feeling ill, but nothing -was
thought of it. and when ?he aros>> Monday morn
ing she saM she felt much better. Tuesday
afternoon she again complained of Illness, ;i n ■ 1
in a short time lapsed into unconsciout
Th; siciar i were called in. but they could •!< >
nothing, and Father Helnxelmann, who twenty
four hours liter war? to have officiated at the
wedding, was hastily summoned to administer
the la*t rites of the Church.
Hellmuth, frantic with grief, N-^ed that tho
marriage be performed before she died, but
nothing could be done to rouse the youi
man from iier stupor. As the physicians sought
to save her Ufa friends arrived at the house to
offer tlieir congratulations to the couple, but
wire turn<-d away by tbe heartbroken parent.-,.
Lati Tuesday night Miss Will c!!->! without hav
ing regained consciousness. Miss AN ill's graii'l
fnther is on his way from Pt Louis, expecting
to congratulate his granddaughter, but h*- will
gsi t • re in time for her funeral.
FIGHTIXG OX FRONTIER.
Aral- Tribesmen Drive in French
Outposts. Then Retreat.
Lalla Maghnia, Algeria. Nov. 29. — An engage
menl took place to-day at Adjenmdkiss bet net n
the French troop:, ami Benls Nassau tribesmen.
The latter, numbering 2,:>00. drove in the French
outposts, but they eventually retreated in tho
fare of a heavy shell fire
It Is ri ported that two Algerian trilies havn
joined the Benis Hass n tribesmen.
Paris, Nov. 29. — The > 'ablnet has decided to
give General Bailloud, commanding the French
troops in Algeria, an absolutely free hand to end
the invasion of the frontier of Algeria and pun
ish the tribesmen
LIEUTENANT MUST STAND TRIAL.
Charges Growing Out of Suicide of Marine
Officer at Annapolis.
[By Telegraph to T!ie Tribune ]
Annapolis, Nov. 29— Lieutenant Edward P.
Hoekler. United States marine eorp3. will be
court martialled as a result of the suicide of
Lieutenant James M. Sutton. of the marine
corps, here, on October 13 Lieutenants Sutton,
Rodkler and R. E. Adams were about to ente
their quarters in the grounds of the school of
application, where they were attending a course
of Instruction, when Lieutenant Sutton drew ■
revolver and attempted to shoot himself. Hi 3
companions endeavored to prevent the act. In
'!:•■ effort L'eutenant Adams was shot in the
finger, and Lieutenant Roekler in the che.--t, but
they were not seriously injured
Lieutenant Sutton was disarmed, it was al
leged, when he drew a second revolver and
shot himself l:i the head, killing himself.
MOUNT VESUVIUS ACTIVE.
Crater and Fissures Emit Red Ashes Ab-"
sence of Wind Saves Villages from Damage.
Naples. Nov. 29.— Tho slight activity of Mount
Vesuvius continues. The crater and the Ilssures
surrounding it are emitting red ashes, but ow
ing to there being no wind they arc not carried
j far, and the Vesuvian villages, therefore, are
but suffering to any _ great extent.
PLOT TO BLOW UP TAFT'
Police of Ufa Alarmed Over Report
— Mail Meet Kaiser.
Penza. European Russia, No\ 29l— The polio*
of I'fa wore alarmed last night over a report
that an attempt would l>e made to blow up the
train bearing Secretary Taft and his party
toward St. Petersburg. Fifty soldiers wen
tloned in the corridors and vestibules of the can
at Ufa and they remained on guard until morn
ing. The train proceeded slowly and wttli arc,'
caution throughout the night.
Secretary Tat't will be received bj Emperor
Nicholas on Tuesday morning: next, and a
tion by M. Iswolsky, Minister of Foreign Affairs,
has been arranged for Wednesday night, condi
tional upon Secretary Taft delaytmr hla de
parture from St. Petersburg until Thursday, and
he probably will leave there for Hamburg at
noon on Thursday.
Montgomer>" Schuylcr, jr., charge 1 d'affaires of
the American Embassy at 6t. Petersburg, has
notined Secretary Tatt that a. nobkman will be
ar>pointed by Emperor Nicholas as his personal
aid during his stay in yt. Petersburg
Mr. Taft knows nothing of the rumor In -Mr
culation that Emperor WillUm will meet him at
Hamburg.
SAVINGS BAXKS STRONG.
Situation Improved — May Soon Sus
pend Withdraical Notice Rule.
From the savings bank point of view, as well j
as from that of the banks and trust companies, j
the financial situation shows signs of continuous j
improvement. At a meeting on November 20
of presidents of the leading savings banks of i
Manhattan and Brooklyn, it will be remem
bered, committees were appointed to draft a
plan which would insure co-operation among
all the savings banks of the state in times of
stress, these committees to report their rec
ommendations to the presidents at a meeting to
be held in the near future. That meeting has
not yet b«»en called, and in the belief of several
of the presidents yesterday the necessity for
speedy adoption of a plan for mutual support
does not now exist.
The requiring of notice of withdrawal of dc
i"sit.- was put into effect* on October 2.", the
bylaws of some of the institutions making
thirty days the period, and of others sixty days.
Withdrawals of the first class are now operative
and are In progress, but on a very moderate
scale. Many revocations of notices of with
drawal have been sent to the banks which have
the thirty-day clause, and also to the more nu
merous class having- the sixty-day clause. In
the latter cases no deposits can he withdrawn
before Christmas.
The notices of withdrawal have shown wide
fluctuation from day to day. but in the largest
institutions the total amount represented by
tl.em has not exceeded about 3 per cent of the
aggregate deposits. Savings banks always have
rather heavy withdrawals just after the first of
the year, depositors having use for their money
being in the habit of deferring taking it out until
that date is' past in order not to lose the semi
annual interest, and a part of the volume of
withdrawal notices sent to these Institutions in
the last three weeks may therefore be said to
represent that normal demand.
It Is understood that the savings banks will
act in concert in the matter of terminating .the
requirement of notice of withdrawal of deposits.
The presidents are likely to hold their next
meeting a little before Christmas, and at that
meeting, if conditions are as favorable as they
now give promise of being, the notice require
ment will be suspended and deposits will once
more be subject to withdrawal on presentation
of passbooks.
DEFEXCE BY ARCH FOLD.
Gifts to Syracuse Not Tainted, He
Tells Graduates.
Not ■ single dollar which has been given to
Syracuse University by John D. Archbold. of
the Standard Oil Company. comes under the
category of "tainted money," according to Mr.
Archbold himself, in a speech to the New York
Alumni at the Hotel Savoy last night.
"If I had believed that any dollar which I
had given to, Syracuse." said Mr. Archbold,
"had not been the reward of fifty years of hon
est toll and devotion to duty, the university
would never have rect-ived a single dollar of
my money."
Mr. Archbold's declaration came as a surprise
to the -••v.nty-flve alumni present, but It
brought forth th>> greatest applause of the even-
Ing and started a good, lusty college cheer from
the younger set.
"This matter has been spoken of before, but
If I thought any taint was attached to any
of the money I have given to Syracuse I would
indeed have been -> craven and a fool to have
given it."
A photograph el the stadium which was given
to the university by Mr. ArchboM, and which
has just been completed, adonasd the front cov^r
of the programme. Several reference? to 'h.'
generosity of the Standard Oil official and to
the magnificence of his latest gift were made by
Chancellor Pay and the other speakers, but none
of them aroused the enthusiasm which was
eroki <1 by Mr. Arc' rr»l4 himself in his declara
tion
COKEY PLANS A* CURBENCY CRUSADE.
Will Tour the Country Advocating Unlim
ited Issue of Paper Money.
[B> Telcrraph to Th« Tribune.]
Chicago. Nor. =».— "General" J. S. Coxey.
leader of the famous march to Washington in
1894, called on Mayor Buss© to-day to explain a
new crusade which he proposes to organize next
spring. He plan? to make a tour of the country
next summer at his own expense with a special
train and a big clrcr I tent, and advocate that
the government print all the paper money that
might to called for, "backed up by the people "
This currency he would Issue when it is de
sired to purchase a public utility, provision be
ins made for the repayment of 4 per cent of
the sum each year out of the earnings. When
cash is needed for public improvements not in
1 1,»- dividend clash', ' oxey proposes that states,
cities, townships and counties get the cash on
the same basis. paving the 4 per cent back each
year out of taxes. The government would not
b ealtowed to charge interest.
FISH TAKEN FROM ICE REVIVES.
[By Telegraph to The Tribune.
Catskill. N. Y. Nov. — As Sheriff Stewart
was putting ice nto his chill room to-day he
noticed a small fish Imbedded In one of the
large cakes. He chopped out a piece surround
ing the nsh and plated it in a tub of water near
a stove As soon as the ice molted the fish
ne"-i>n to swim, slowly at first, and in a short
time as lively as ever This ice was taken from
the river last January.
GREAT BEAR SPRING WATE*>
"It 3 purity has ma It famous." — A? "
/ " '. -
PRICE THREE CENTS.
FORAKER IX OPEN WAR
TO FIGHT TAFT IX OHIO.
Will Give Up Senator ship to Make
Contest for President!'.
Washington. X«>v. 2T>.— Senator raimJwf ma<t»
it clearly known to-day that h<* will contest tjhwj
Ohio delegation to the Republican National «->n
vetitloii with Secretary Taft. This decision is
contained in a letter ti> Conrad .1. Slattern, 1 ' *"
prVsldent of tho Ohio Republican league, who
sent him a copy of th»« resolutions adopted by
the advisory and executive committees of tt.a
league indorsing Mr. Fontkcr for thf Senator
ship and the presidential nomination. Mr.
Foraker say- he will "forego the double honor
proposed" and accept the support fey the Pro.—
idency offered by the commit'ees. H? also *•"
fends his course in relation to the railroad rat*
bill and insists that tho necessity for the rail
roads of the country to spend millions of dollars
annually In increasing their facilities makes thin
a bad time to hamper them unnecessarily top
legislation.* He says he is gratified by the In
dorsement of the committees because it Is a
flat rebuke to th»> suggestion that the office nt
United States Senator la to bo stripped of sit
the real honor attached to it by making Its in
.Mimbent a mere agent to register the decree
of somebody else. The letter follows
To the Hon. Conrad Mattern. vice-president «C
the Ohio Republican League. Dayton. Ohio
Dear Sir: I write to acknowledge the re
ceipt of your letter of the 22d inst., with copy
mclosed, as stated, of the resolutions adopted by
the advisory and executive committees of th«
Ohio Republican League of Clubs at a joint
meeting held at the Neil! House in Columbus on
November 20 denouncing the proposition that I
should be "eliminated" from public life and rele
gated, to private citizenship because in the di* ■
charge of my duties as a Senator I have been
unable in three instances to agree with Presi
dent Roosevelt, and pledging- me their support
as a candidate for re-election to be mv own suc
cessor, and also declaring- that I am their cholci*
as a candidate for the Presidency.
I am informed that there were ninety-eight
members of the committee out of a total mem
bership of one hundred and five present in per
son or by proxy and that the resolutions w»»r«»
adopted by a unanimous vote and with much.
enthusiasm. The names and addresses of thos*
present as published in the newspapers show
that all sections and counties of the state wera
represented, and that among- these representa
tives are many who have for years been well
known to the whole state as prominent leader*
or the Re Pa n party. I would not be Insen
sible to such a mark of confidence and esteem If
I could be. and I could not be if I -would.
NOT CANDIDATE FOR TWO OFFICE?.
B V^ Ido not want to even appear to b« «
candidate for two offices at the same time, an*
therefore forego the double honor proposed, and
V 1 h th h '-\ T . X api — iation accept the support
™Ttti Presidential candidacy which the com,
mittees have so generously tendered
ar^-fhf rtheleSS ' I want to say that, far beyond
anj thing- personal to myself. I am gratified L.v
the action taken, because it la a flatrebiike to
<enatfr ' St )°\ thal ,t, th ° office of United States
att/r-hJ M l " bo strl P? ed of ail the real honor
a£nr t« 1° U by V? akln S Us Incumbent a mer»
fn«r I* to /f8' ster the decrees of somebody else
'"/;■' he re P l tentative of a state, charged
with the constitutional duty of leg.slat! ac
cording to his best judgment for the wftfai«
or a great nation, accountable to his constitu-
I r^r^S 2°^ *"* V ° teS ' bUt to nobodj «S»
a n^ ird it of tar greater importance to uphohl
*2nat P orili m he d 's™t>- and usefulness of the
r-n'^i . If ' o ? v * than tnat any Particular man
lt»Zi*? Ch °, SeU tO M 1 U - As our fath *rs orc
at'd -t the place IS one of the' most important
I Vi c «[ ever » m ent and any man might well feel
highly honored to hold it. but if it is to be .?e
sraded into a mere agency no self-respect in <-
man can desiro to hold it.
DEFENDS HIS COURSE IN CONGRESS.
r not only stand for the broad principles in
voive.l. but also stand ready to submit to my
constituenta for their judgment not only my ws,
non in the three instances when I was unable
* rt agree with the President, but my entire rec
or<i. I may have made mistakes, but no speech
or votn or other act will be foun.l that i 3i 3 not
in accordance with a conscientious Ju.li?ment
f-.rmed by the aid of the best light at the Urn«
attainable.
My action on the question of joint statehood
and m the Brownsville master your committee*
have approved, a* I believe tho great majority
of Republicans do everywhere.
Tht»re doubtless are many who criticise my
vote on the rate bill, but if the assurances "with.
which my mail Is filled, coming as they do from
every section of the country, are not misleading
;he number of these critics is rapidly diminish
ing.
In the debates on that measure I took rains la
print out that if th* government took upon it
sett the duty and responsibility of making rates
It would of necessity have to determine not only
how much a railroad should be allowed to mak'*
but also how much it should b* allowed to spend
—now much tor operation, for extensions for
equipment and for every other item of neces
sary expenditure— all of which it is. impossible
for a government to do successfully and satis
factorily an.i that the t9agl inwltablv
be that just at the tlnrn when a rapidly incrtaV
ing bastnesa for the roads was making ItMctt
>.-iry for th em to raise, hundreds of millions an
for increasing th»lr track,. rs and gen
-•nin.^ we would H confldenoi
hereby no? in their stocks and bonds, an.l
thereby not only nuuee it impossible for th«
roads to .-ell the additional wcurttl.-., neSssaVS
of them.^oth s^ , bUt le * i'li ' 1 Tnany ° f t *"****
of what' were at home and abroad, to ■"mirnsrr
of what were already outstanding and tttattai
consequence the market would be so larai?
oversupplied that their, values would stoSkl
la^TVJ! k!nd:l of unties with then":
«~iJE2!? and duster would take the placa o(
coniManca and prosperity. To say. -I told you
mi fsf IW , ay 3 vn S» cl «». but it is". I trust, per"
missibe to point out that from th« day th*
rate bill passed the trend has be*n in t^« di
rection predicted, and. while other thirgV liav*
contribute* that measure has a full share of
Wr?, S | I IT^,l? 1 " the UI^»PPy financial and
nvf^ conditions with which ■»•» hay* b#en
SUPERVISION OF RAILROADS.
While there should be efficient supervision and
regulation of interstate commerce and the car
riers and corporations of every kind engaged
therein, it will become more and more manifest
as time passes and results are developed that,
this supervision must be san- and conservative
—consistent with the Constitution an-1 with
sound common sense.
The moral standing of the business m<r of
this country has always been high It vat
never so high .is it is now There Is conse
quently less occasion than ever before to re
strict commercial freedom by statutory d»taUw
of management and surveillance that a»-e ap
parently framed on the theory that all men ar<»
criminals. Such legislation hampers enterprise
retards business activity and discredit-;' tha
whole nation.
Broad principles snould govern in all IfgUtu
tlon. and the enforcement of the laws shrmki
be left to the appropriate tribunals withenti un
authorized interference from any sourre - V ni
above all things, there should be no tolnnitioa
of the idea that our Constitution has become
in part a misrit and obsolete, and that it natlt
be changed and vitalized by judicial tnterprrtes
tion or by the mere assertion of pubHo se> ri
ment in support of that which may fo- ti>t nio
ment be desired, although m:in,f unauthor
ized by its provisions.
From the beginning of our government our
Constitution ha- been recognized by all the
world as one of the wisest and most near per
fect organic laws over framed. Under it wo
have grown and prosp<j-ti| as no other people
ever has. We should he slow to t-omlen.n it o~
to find fault 'with it. but If we find it inade
quate, or that for any reason it should b^
changed, it contains a provision in acc>r »
with which the people can amend it. No on«»
should think of amending it in any other man
ner. To change It in any other way would l»«»
the lieginning of the end. In ray opinion no
amendments are necessary to enable the sovrrn-
ROYAL BLUE LINE TO THE SOUTH.
All Royal Blue Trains of the Baltimore & Ohio
Jersey Central and Reading Route h-avin? x*>\»
York "Every Other Hour on the Even Hour." nov*
make direct connection In New Union Statiu-u.
'Washington, with all trains South, avoiding trans
fer across city. — Advt