New-York tribune. [volume], May 27, 1908, Page 2, Image 2

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

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5
TO OPEX BALLOT BOXES
HEARST WIXS OXE POINT.
Mayor McClcllans Right to Office
S' May Soon Be Decided.
Frre of the boxes containing the ballots cast In
the mn-yoral*y election of HK will, by order or
Justice Lsswtart. of the Baprmne Court, be pro
duced before him hv .lohn T. Pooling. pre«=idrnt of
the Board of El«»<-ti..n5. in the County OOOTt HOOSe,
at ifl s'eftack this mornins. where, they s U be
opened aai ther. counted, if the jury so decides.
This maiks a victory for Willnun Randolph lieamt
In his demand for a recount of the ballots on the
•Bntation thut he. and not Mayor Ucdellan was
♦lected chief executive nf the city hi 1&.6. A*t»r
Hv* weeks of preliminary testimony on the quo
warranto proceedings, the boxes ar« BOW to be
jrroduced.
Eupene. I«. -* I Ttr**i jr., counsel for Mayor Mc-
Clellan. cent out two }<rooe.ss servers with sah
paysap for Mr. Hearst late in the afternoon. He
tgM the court that he understood that Mr. Hearst,
•whoTTi he wished f> put on tn« witness stand, was
imirp to Kurope. Unless ha could js»t mat b»
eurmice that Mr. ■savst WO^d BO present wh<*n
wanted, h« purposeil to r>'i' the coriteitiant under
pubp^na. Mr. Phearn made no reply to this «ur
goction
"1 dr, not want to run any chances," said Mr.
Richards last r.icht. "and have matruatnd my
suhptma servers to ft Mr. Hearst. I would havo
to have pretty strong: assurance? that he would be
pr«?pnt, »nd if he is sei*«l it will be a question sC
d«*s'lnr; with th« potirt-"*
It was »':ppoc«.-i that possibly Mr Richards
ir.irtrt hay« another card to play by way of pet
tinjt eorne order to Mork the npenmg cf the boxes
th-K morning:, but he puid ls«t nirht he did not
cor?erapl«te iir.y *uch action.
"Th« bfxes sffi Be broupht in." he said, "ajid It
will hi for t»>e jury to AseMa whether th»y think
thpy have been l^mpered wirh end srtMther or not
they should court the ballots •-. them."
Thines moved rapidly in the recount case yester
day Justice l.smbTi <I?niM the motion to vacate
• ; mhpopna duoea tecum which, on May 23, was
P*r>v«i nr> PitaMtlit r>-"-'' : of the P.r.^rd of F,l^-
lion* «>rd»-rins: him la r> i »'i';ro certain ballot boxes.
He «Jso overruled BCtions <ire*d hv Mr. Rlch
«rd(« to thfc f.r— re of ih^s* boxes If produced.
C'arence J. Shf-arn at ance set about to inform
President TV>olinjr that the mot'on hed been ov«r
tv]*(\ and tho BohpsßM must be sfcsyn*. V.'ord
came ba^k that th* presid*-r.< of the Boani «f
ElecT'onn could not he found and that non«» nf the
members .- •' the board sres at the office, in 41 ft
fref Meanwhile. Justin I^mhrn adjoomad
court until s oVlock in the afternoon. Soon after
war4 Mr. shea oairi* hnck with sn ord^r pre-
I^red romp»'lin« Mr. l>oolinr to show cause wl '•
in attachment shnuW not i-» Issued for >-i? p«rson
aud »hv h«s Hnd the BfArd of Fictions should not
t>e. pMßtinhoa for .-'•'•i»-rv l rf court. Finriinsr Jus
tice Lambert gone, lie mahoi to fßStio* «reen
t'aum and tried to Bjsf him i" sign the nroVr. ex
plaining that Justice Lambert had gone away and
It was Imperative that the order should issu* at
<mr». Justice rjreenhaum refosn to jlgn the ord^r,
and Mr. Fb^arn tried until 2 o'clock to find Jus
iJce 1 3rr,l «rt. without success.
■rhon th* court reconvened Mr. Shoarn asked
thet his ord^r be titned. Assistant Corporation
Counsel Ferley. r»-prpsentinc th«» Board of Kl»c
tlwiß. announced that hi had fled notice of apr»-.<l
to th« Appellate Pivif.inn from Tr nselnhwi et
Justice Lambert denying: the orrier f r a vacation
of th» BSlhnojnn. He Intimated that this would act
as a stay to further proceedings and would pre
vent the production of the boxes under the sub
p«pn<i. After some discussion Justice Lambert de
c:d<Mj that there was no stay, and he thereupon
*i?ned and entered the or<!«r eomp* Presi
dent Bwntang to Bhasr sum why an attachment
fhould not be isFuei aeainst him and other mem
bers sf the Baard of E3octk»ns.
"But I do not know how ice ahnU be ahta to
ffrtt this order," observed Mr. Shears), "as I r<m
ivTorm«'d that BMBBbers <' ttta board have kept
away from th«-ir offic« and that Mr. r»«olirig was
not -t his h«i)M last nigrht."
Juft «t that moment President Dooling; accom
jiante-d by the ahtat clerk of the board, walked into
th» room with a cmile. "There ha is row!" pasped
Mr Shecrn hi astsnlansncnl as he walked over and
served the pojpon - . ■
"We have- a van in front r,f tha Manhattan Btor
nce and 'Warehous-*' Company's i-.aults, at Seventh
avenue and 54th street, and can produce the ballot
boxes in court in half an hour, if the Court so oi
rects." said Mr. r«oolinr.
Mr. Bhearn ask^d the -.-.....-.-■•. a rep
r»«'-.«• of the Attorney General be allowed to
accompany tbe van. to af that the box's were
preserved inviolate ta transit.
"But PnaMisil Dooling will ccc, wiil be not. that
the bcxee are not tampered with?" asked the Court.
"City officials ai*j- not accu==torri«»d to ride on vans
jn th'? city." said Pi evident Doollng.
"Oh, is that sn?" rep Hod the Court, with some
sarcasm. "I was n<--t familiar vith the customs
of city officials."
It was nteMes that the Attorney Ceners could
have B representative with the van. and ' - euten
ant "W. H. Ward, cf the Police Department, was
r.amed.
Ti-.e boi<--«: tn be 1 ■ morning ar^ from
■ • ■ ■■ EHs
t , ■■r- the 71 - ■ Inth I f the
■ ■ r-. r ■ *. ■ ""■ • • ■ ' . ■
•■ ■
"SCHOOL BEFORE SALOOX."
Governor Gives Reason for Disap
proving Arnold Bill.
Albany. M»y 25.— In giving his reaaona for dis
approving- ihe bill of Assemblyman ArnoM provid
\r.f thnt a church or tchoolr.oupe that is built
■wj'hin two buslred feet of a saloon tiiaii not «jl
prive the saioon cf its liquor tax certificate Gov
ernor Hushes In a mc-morandum made public to
<lay tays: "The saloon cannot be rmltted to take
precedence oy«r ttoe American echoolhouse/* The
m<;m«'<ranauTn s.w>s in part:
L'nder the jT»*sent law th«= iraffi'- In lia;:(>r« to
** drunk upon ih» BPemisea 5? foi hidden In i 'lares
■within > '»' 1 f'-et <"'{ a cnurch or schoolhouse. The
policy cf the Ifcw ££ to places r-stablisheri hefor*
Its enactment in ISW is to provide a free, area co as
to protect xh*- immediate proximity of churches and
sjehe*»i .*"'■' '>■•■■ trafficking.
It is proposed hy this bill t" twuove th*
rroh'hiiinr, wh-re th« trafficking: in liquors ante
dated "he location of the rhurrh or srhor,lhous«
v.-uhln the I C!^>rt distance. This- is especially
urc-«*i as r. measure uff^roiiiK ncpiied j>ro-r»oTion to
I^putaKe hot*l« B*»d apartment limjfop having
r^-ftaunints. But ihif amendment *s not limited
to turh caeep. A:id th»-r«> if no attempt by any
a-irropiiate description to ...
those r'.aces which would b* covered hy su^h an
I* i 5 a hroad wiy-nini'nt, applicable without ex
«r»TTi«>Ti to fcH saloons and places whet* liquor 1s
rirurk •-;■•• the premise*. rnl's* the policy of
the "lav- \f t> be tmir^ly flbandr>r*d surh an
&ir>»D<sm*r.» ranrmi b» approved. Th«» saloon <-annot
y,f. jv«.ri""t- to tske r'i< a re/V'- i r« over the American
schoolboys*.
YOU SHOULD HEAR
ORCHESTRELLE
Visit Aeolian Hall at
the first opportunity
and bear this most
wonderful and EnSCt
r. a ting of modern
home musical instru
ments.
SPECIAL BARGAINS NOW
IN EXCHANGED IN
STRUMENTS
The Aeolian Company
Aeolian Hall, 362 sth Axe., N. Y.
TAFT AHEAD Of BRYAN
FOR PUBLICITY, MEASURE
I'rgcd Such IsCirislation Last Month
— E.r change of Telegrams.
W.*«!iir.e«on. May 25. -When Secretary Taft
reached his office tc.-rfay h« found several news
paper men charged -,vith Inquiry bs to what an
swer he intended to retrrn to the Invitation from.
William J. Bryan to join him in r.n effort to ob
tain tin* enactment of a bill requiring publication
of campaign contributions. The Secretary replied
that be bad not seen anj* communication from Mr.
Bryan on this subject, and in fact it was several
hours Inter before ths telegram reached him, «s
follows:
1 lir-r to piieeost that as leading candidates In
our respective parties we. join in asking <"ongre?=<
to pH*<= ,i Mil requiring publication of campaign
contributions prior to election. If you think be.*t.
we run ask other candidates to unite with us .n
the request.
Secretary Taft had. niasiiwiilli and before lie had
receii »rj this communication, had a talk with the
President «t the White House, so that he was pra
pared immediately upon his return t/> the War
Department to give out for publication his answer
in the form of a telesxaph dispatch to Mr. Bryan,
as follows:
Your telegram received. On April SO last I sent
the following letter to Senator Burrows, the chair
man of the Committee on Privileges and Elections
of the Senate: , - * .
Mv D»ar Mr. Burrows: T sincerely believe that
it would RTeatlV tend to the absence, of corruption
In poMtlcs if the expenditures for nomination and
election of All candioatec and all contributions re
ceived and expenditures made hy political commit
t-«s could be made public, hoth in respect to state
and national politics. For that reason Tarn strongly
in favor of the passage of the bill which is now
pending in the Senate snd House bringing about
this result «o rar as national politics are concerneo.
I mark .■ ■■.■ letter p^-rponal because 1 am anxious
to avoid aesiimine an attitude tn the campaien
which it is quite possible I shall never have t'-.e
richt to assume, but. o far «-«= my r-ersorn! lnnu
>e is concerned. I am anxious to give it for the
passage of the bill." , T
Since writing the above, in »r<pw»r to Inquiry, 1
hay« said publicly that I hoped such a bill would
pass.
Lineeln. Neb.. May 25.— Mr. Bryan received Bee
retary Taffs telegram on th« campaign contribu
tion publicity matter this afternoon. He pent the
following reply:
I am very much gratified to receive your tele
gram, and trust the publication of your letter will
add the weight necessary to turn the Fcales in
favor of the measure. Elections are public affairs
sad publicity will help to purify polities.
Mr. Bryan telegraphed to Senator Oulberson and
Representative Williams as follows:
pjAfL.ce secure copies of my telegrams to Secre
tarj T •• and his reply concerning campaign con
tributions His letter to Senator Burrows may
enable you to secure action on the bill.
Perry Belmont, president of the National Pub
licity Law Organization, speaking of the corre
pponder.'^ made public to-day between Secretary
Taft and William .1. Bryan «n the question of urg
ing Congress to pass immediately a campaign con
tribution publicity bill, said to-night:
To the members of our organization the enrre
sj>oi]r]cnce between the two leading candidates for
Presidential nominations demonrtrates that the
movement for publicity of campaign contributions
has •■• hed the point, and public sentiment has
',•■ mm so insistent, that both parties will be re
quired, whether Congress passes a publicity bill
or not, to disclose the amounts contributed to the
national committees ard the soun es from which
th«y are obtained during the approaching cam
paign.
K EG ROES UPHOLD PARTY.
Will Vote Republican Ticket, Xo.
after Who Runs.
There were over five hundred negro men and
women at the mass meeting held at Cooper Union
last night. Bishop William B. Derrick was the
chairman, and In his opening- speech he declared
that the meeting had been called to ask. "Can the
American negro tak<= refuge in the Democratic
parti?" .-.
"I say no," "lared the Bishop, and the crowd
answered back. "No!"
Plshap Jtes rick said that the gathering was
backed by no one but himself.
"We aro not here to denounce any man for his
• rp.:i we trust the party of Tillman
and -T» rr Davis?" said the Bishop, and the crowd
yelled back. "No!"
"II is rour right to say who you would like to
«cc here and to see i)ifr°. and It is our right, when
th» standard boar^r of the Republican party Is se
lected next month, to fall in line and elect a Re
puMican.
"Lincoln and all the m»n who have worked for
you will i say to you black men of America: 'You
can't afford to do it; you cannot do anything on
Election Day to sasassiaate the Republican party!"
"We ar<- here to say to the black man: 'Be true to
the Republican rty first, last and all the time.' I
am not here in mislead you, but I have discovered
that a great fight is to be fought over again.
" - \ »ry. we thought, was buried forty years ago,
but it Is iralktng to-day with its bloody hand, and
It I- for that rc-ason that I have, asked you here
to-n'el-.t to reason the mater over.
"Don't be misled. stand by the grand old party."
Bishop Derrick th^n told his hearers of the
negro voting strength of eral states, saying that
N'.\v r«rk had 35.0">0; t onnectlcut, 5.400; New Jer
sey. 26.0W; Delaware. 9.400. and Maryland, S4,«X>O.
"Have we ever I ad a man in the White House,""
continued the Bishop, "that baa done more for the
negro than Theodore Roosevelt?" And the crowd
answered. "No. '
The Bishop said ihat he believed the entire
negro ting 'strength of the country would be
lined tip on tbe side of the Republican party,
whether ihe. nominee waa Taft. Roosevelt. Cannon,
Fairbanks, HugTiea or Foraker.
TheHi Di Star.sbury, of Philadelphia, who ad
mitted that the aegro was only a cipher In the
Republican party, told the audience that the
negroes ought to stand by the old party.
"In ! lelphia." he said. "we are for Philander
Knox, but U he is knocKed out we are for Taft.
snd if be Is knocked out we are for Forakep, God
bless him."
Kx-Governor P. B. S. Ptochbaek, of Louisiana, the
next meeker, said he was glad he was going to
have a rhance lo vote for William Howard Taft.
"We have a grievance." he said, 'but we have
no grievance against William H^wp.rd Taft". and
he asked. "Is thai grlevanos hie enough to mako
us forget our loyalty to one of the two prreat par
ties which will »oon be in conllictT" and the crowd
answered "No!"
Ho th^n continued: "All honor to Foraker, but
he is not a - [date. It Taft is nominated, I tell
ynu that Foraker will be on the stump advocating
his election."
CONTESTS IN CHICAGO CONVENTION.
Chicago. May X. a tabulation of contests ove r
credr-ntla'P of d^iefites to the RepuN National
Convention made by Secretary Elmer Dover to
night fhotred sixty-seven district eontosts, Eix
mmim contests and a contest in AUeka. Twelve
dt legates from Wisconsin have not y»t sent in
their credentials, none I ive come from Montana.
Mveral are missing from 1 lano. and In Illinois
credentials have not h*>en received from two au
trict?. Alaska's delegation, L. P. Bl ickeltord anl
Richard She), of Jnneau, the - -• to arrive,
reached ci.jcago to day.
T. F. RYAN IN VIRGINIA POLITICS.
(Hy . 1 raph to Th« Tribune.]
Richmond. Va . Hay *■ Thomas V. Ryan, of Kcw
Y«rk. will attend the Virginia ■ icrmtle Con
vention in Roahoke in June ss a detegHte from
N^l.^on County, In which lie retains a legal resi
dence. It is understood h<> will unit<» with Senator
]... 1 against the movement to have the delega
tlon to Denver Instructed for Bryan.
The activity of Hjtin in Virginia, polities at this
tlwie is believed to be tae opening w.-,i fi a of v
fipht for political •ferment in the Ftafe. ]? is
credited with an ambition for eithei Governor or
United States Senator.
HANGING AN OBJECT LESSON.
PottsviliV. Perm.. May 'J6. a 'ai>.-»- number of
Slavs. Hungarians. Polsa. Italians, Russians,
Lithuanians and "ther foreigners, upon Invltaticn,
attended the execution here to day of Felix Sadzius.
a young Pole, convicted of tbe sturdei of 11 woman
ar.rt h«r UM at ghenandoah. sl» months ago.
The publicity given th* hanging was intended ite
an object .-<.-,n to the lawless element. Sadzius
aanCenaod on the sccftolt
KB^-fOKK DAILY TRIBUNE, WEDNESDAY, MAY 27, 1905.
FLAX TO BEAT HUGHES
HOPE TO KILL HIS BILLS.
Delay the New Weapon of Gov
ernors Foes— Reported,
rßy T>l»«raph to The Tribune.l
Albany, May 25.-With a tediousness and delay
apparently intended to enrage the Legislature to a
point where it will cease to count the cost of out
right defiance, the plans of anti-Hughes men to
defeat the Governor on all his Important recom
mendations at the extraordinary session are being
carried out. Responsibility will be divided between
Senate and Assembly, and if the Governor's ene
mies can manage it everything, from the antl
gambUns bills down, will be swept aside with dis
dain.
The Assembly struck the first bl-w at the Gov
ernor to-day, when the CusmuHtes on Electricity.
Gas a»<l Water Supply reported us a committee
bill i.. same maimed and tattered fragment of
the new public «rvlce hill covering: telephone and
telegraph companies which it put out at the regu
lar session. Not even the pretence of putting in a
second bill bringing these companies under the
control of the commissions wns made. The bill
as it stands now contains merely amendments to
the existing law, some of. them declared by et
! perts to be dangerously weakening to that meas
ure In some of Its most string»nt provisions.
Next, the Ways and Means Committee voted
down the Wagner proposition for a commission to
Investigate Wall Street conditions, and the Uieh
man resolution for a commission tc Investigate
the condition of the unemployed, both recommended
by the Governor. Only the Democrats voted for
these measures. This was followed by the an
nouncement from Speaker Wadaworth that he
did not expect the McOarren bill regulating po
litical parties and prohibiting corrupt and arbitrary
methods to pas? the Assembly. As the scheme
stands, that bill and the direct primary nomina
tions proposition, both reported to-day, are to be
passed by the Senate and killed in the Assembly,
as the direct nominations measure was last year
at both regular and extraordinary Fissions. On the i
other hand, the Assembly contingent of anti-
Hughes men is counting on th« Sen-ite to kill the
anU-gambling bills again.
Every effort to arouse ill feeling against
the Governor is being made by the racing
Senators and the political bosses, in the hope that
■ wenk or two more of the do-nothing condition ,
now prevailing in ■ the legislature will cause an
outbreak of ill nature and hatred which will per
mit them to take a permanent adjournment or a
recess until December 31. The only thing which
prevents it now is foiiw lingering fear of public
indignation on the part of a few Senators and As
semblymen, who realize- what a storm such action
would bring down on them. ;
Again to-day racing representatives here spread
the story that whether or not Senator Foelker re
turned to duty, they hi>d the anti-gambling bills
beaten absolutely through complete possession of
two or three Senators who voted with the Gov
ernor at the regular Be.«ion. No evidence car. be
found to substantiate that declaration, and Hughes
men gay they feel certain there is no change what
ever In the line-up from that of the tie vote. They
admit the danger, though, arising from the artful
manipulation of the bitterness) against the Governor
caused by the interference of this extraordinary
session with legislators' private concerns. It Is on
this that the racing people F»em to b* building
their hopes, and if present conditions continue to
the time of the national convention without a vote
on the anti-gambling question. it seems practically
impossible that the entire Senate could be brought
back to work.
There seems the greatest confidence among the
racing Senators that Koelker will not get back
here in the next two or thre^ weeks. Considerable
flurry wa-s caused by the report this morning that
he mjght get here next week, and several of them
rushed to Senator Raines to se« if an adjournment
could not be taken at the end of the week. Later,
after investigating the report, they again declared
cheerfully that Foelker could not return in time
to permit a vote before the convention, while, if
he should happen to, the bills would be, killed
anyway.
After three hours' discussion, the Senate Judiciary
Committee t hiss evening, by a vote of 9 to ft, de
cided to report the McCarren bill regulating politi
cal parties. The Pag" bill placing telephone and
telegraph companjea under ih? Jurisdiction of the
Public Service commissions will be taken up at an
executive session to-morrow.
The votes against the McCarren bill were those
of Senators Davis, chairman of the committee, and
Grady and Cohalan, Democrats. Senator Taylor
was absent. Considerable discussion arose over
many features cf the bill, and several amendments
wci o made at the suggestion of Republican mem
bers. Chief among t.'iese was one eliminating the
provision allowing county judges to have jurisdic
tion over political squabbles through reference to
them of contests over delegates' seats. This juris
diction now will be vested in the Supreme Court.
Earlier in the day the committee voted to re
port the direct nominations bill introduced by Sen
ator Travis. The vote was 7 to 6. Senators Allds,
Grattan, Raines, Cohalan and Grady voting against
reporting. Smith did not vote. Cohalan and Grady
will submit a dissenting report.
The Senate Judiciary Committee also voted to
report the following bills designed to carry out the
mmendations of the Governor:
Senator fage Creating a mercantile inspection
bureau in the Stat« I^abor Department.
Senator Page — Providing for a more complete
Identification of voters. A similar bill was re
ported by the Assembly Judiciary Committee to
day.
Senator Raines — Prohibiting a person from sign
ing a nominating petition of a candidate 'whom
he cannot vote.
The Assembler Ways and Means Committee re
ported the bill of .1. S. Parker creating a depart
ment of mercantile Inspection in the Slate Depart
ment of Labor. The biy was made a special order
for second and third reading for to-morrow.
Other bills reported to-day include those of
Assemblyman B. R. Robinson, reducing from
t/K) to iTA, the number of electors in New York City
election districts.
Senator Armstrong, appropriating $100,000 for the
payment of excise rebates.
Assemblyman Ward, making the affidavit of an
acquaintance living on the premises that an
elector has moved from the premised sufficient to
Mrik> th* elector from the enrolment 11st. At
p r p«&..t the affidavit must state that the elector
has moved from the election district.
WEST VIRGINIA FAVORS BRYAN.
Delegates to Denver Instructed to Vote for
Him First and Last.
Wheeling, W. Va., May M.— West Virginia Dem
ocrats held district conventions to-day to select
delegates to the convention at Denver. At all the
conventions William J. Bryan was indorsed and
the delegates i»-ere Instructed to support him first
and last. In the 4th District convention at Parkers
burg a resolution was passed demanding the selec
tion of a national comrnitteeman who has alwiys
been ar. out-and-out Bryan man.
KANSAS WANTS 21, HO HARVESTERS
Wheat Belt Can Supply Employment to This
Number for at Least Three Months.
Topeka. Kan. May 2<>.— T. B. Gerow. director of
tlie State Free Employment Bureau, »stimnt*d to
day • "<t 21.14^ men from othrr ptates and 1.9T5
t.:ini= wi:i b« necessary to harvest the crop in the
wheat i.elt.
In t!i>- southern part of the etato th« harvest will
begin about the middle of next month. In the cen
tral part it will begin a week Inter and in the
northern section abeut July i. «'n addition to the
harvesting work, the men brought in will ilnd em
ployment In the wheat fields for at least three
months, a* the thrashing outfits will begin work
ediately after the \\h«-;<t Is cut by July 1.
CANNON GOING HOME BY AUTOMOBILE
IKr.-iii Tli<> Tilliune Dureau.]
Washington. May 26. Speaker Cannon Is plan
ning: to returu to bis home in Illinois as soon ,as
Congress adjourns, by automobile Mi Cannon's
plans are as yet tentative, but h<» i;ow expects to
lw> aecompani«d by hi>- ffr»tdry nn.l F<r-nato! H»m
enway u\<l Representative I.andis, both ot Indiana.
The general route to*l>e (allowed will be along ih-
old national r>ia<i which it whs purposed to extend
from Washington to St. l-oui». This will take the
rarty throush Cumberland, Md.; Wheeling, U\ Va.;
Bpruiglleld and Columbus, Ohio, and Indianapolis
and T?rr>* Haute, IrJ
Dr. Lyon's
PERFECT
Tooth Powder
Cleanses, preserves and
beautifies the teeth, and
Purifies the breath
A superior dentifrice
for people of refinement
Established in 1866 by
MR. JEROME SUMS UP
! —
Continued from flr«t pace.
his strongest point. lie also laid great stress on the
District Attorney's dealings with grand jurors and
repeatedly stated if Mr. Jerome were allowed to
continue in office the grand jury system might a3
well be abolished and the questions of indictments
left entirely with hrm alone.
Takin? up the first charge. Mr. Pteres recited the
different cases in regard to the alleged jury fixing
crimes. He said.
When these facts were disclosed to Mr. Jerome,
if he possessed any of the true spirit of a prose
cutor h« would have core after thA lawbreakers
as a bloodhoun-i goes for the throat of his victim.
He did nothing of the kind. Mr. Nott. Mr. Smyth,
all of them, seem to have treated these conditions
of crim*- with absolute indifference. They look
upon this terrible state of affairs in New York
County as serenely as two summer mornings.
They seem almost to have a feeling of pity for
one who expresses indignation at then: pa??tve and
indifferent attitude.
THE SEABURT CASE TAKEN UP.
Taking up th« Seabury ras». Mr. Pierce said
that when that "old srenfleman' Tillinsrhast ap
peared before Justice- rh»n Judge Beabqry. Je
rome had him arrested and s»nt to the island, "a
s'ippopedly safe retreat, where h« could no tnore
annoy the virtuous Quaokenbush by revealinaf his
infamies." r,nter h« said that "ai; the powers anil
the terrors of the District Attorney's office and the
New York City Railway Company were invoked" to
break down Julian's erf-dihility as a witness and
destroy th« ras«» apatript Ambrose F McCabe.
Still later Mr. Fierce said that Jerome behaved
with his "usual hypocrisy" before. Judge Seabury
and "could not restrain himself from aiding Mr.
Hatch." The latter was counsel for the defend
ants in the McCabe case. Finally, in summms up
tH« whole case, Mr. Pierce asked:
Can it h*> possible that your honor will rot see
that Jerome was simply in this prosecution to aid
the defendiint? Every word ha utters, every «vies
tion he asks, shows it and, if he was ther« to ob
struct the prosecution, to discomfit th« judge, h*
not only should i>e removed from office, but he
should he debarred as an attorney. Now -w^ have
reached the culmination of the insolence and shama
lessness of \V. T. Jerome. He is attempting to ob
struct the investigation al every point. Th<» con
tinuance of such a man in office wh"n he has dis-
g raced that oihre will briny untold evil. will any
thoughtful man fail to s"e that a puhll.- prosecutor
for over two millions of people who conducts him
self «as Mr. Jerome did before ,Tm<ls» Beabury, who
mocks at morals, who lacks convictions, who sneers
at all these things, is a corrupter of every boy !n
our city, is an example of evil and is unfit for the
hiph nfficf which he holds? A greater calamity
could not visit the i>eot]» of New York City than
the continuation of the evil example and th« dis
gTßcetul conduct of Jerome in the office of puhli,-.
prosecutor.
Next Mr. Pierce fiercely attacks Jerome for
advising the grand jury as to whether it should,
or should not Indict and as to questions of fact.
He cites example aftPr example to show that the
District Attorney is expressly prohibited from do
ing that. Mr. Pierce accused Jerome of trying to
divert the whole hearing of alleged insurance !
crimes from th« grand Jury, and said:
"For the purpose of shielding Mr. Perkins from
criminal prosecution, he instituted a proceeding
before Magistrate Moss" and based his complaint in
this proceeding on a letter written to him by Mr.
Perkins in which the latter disclaimed any crimi
nal intent." said Mr. Pierce. He made a strong
point of this.
To keep the grand Jury from indicting corpora
tion officials for making campaign contributions.
Mr. Pierce charged Mr. Jerome with going te the
extent of advising the jrrand jury that Its own
corporation officials would be liable, to Indictment
and perhaps the members themselves, as offVer? of
corporations which had made political campaign
contributions.
DEALINGS WITH INSURANCE liftAND JURY.
Furthermore, in connection with Jerome's deal
ings with the insurance grand jury. Mr. Pierce
laid emphasis on the fact that the District At
torney had "intimated" to the jurymen that per
haps th» Harriman interests, being antagonistic to
the Morgan Interests, would like to see Mr. Per
kins indicted. In this connection Mr. Piesce said:
1 Jerome wanted to plant the seed of prejudice in
the soil of suspicion, and he addressed himself to
those members of the grand jury who disliked Mr.
IlarrimHn. and. without any reason, tried to make
the sran<i .iury see that this attempt, to enforce
the law against Perkins originated with Mr Harri
niHn from bad motives. <"an your honor conceive
of anything which a district attorney might say
to a grand jury more improper than that? Shall
r district attorney be permitted to go before a
grand jury and attempt to Inflam,? passion, to
arouse, prejudice, to lnduc« men thus to riisobov
the mandates of the court which hnd ordered the
jury to Investigate insurance matters?
Mr. Pierce cited paces of this testimony given
to the Armstrong committee by Edmund D. Ran
dolph, Mr. Perkins and Mr. McCall in regard to the
New York Life Insurance Companv"s contribu
tions to political campaign funds and then com
pared this to the affidavits they made for Jerome
explanatory of the same transactions. This com
parison, Mr. Pierre pointed out, sh wed marked and
irreconcilable discrepancies.
The ninth, twelfth, thirteenth and fourteenth
charges relate largely to Jerome's alleged failure
to procure Indictmentß against Thomas F. Ryan
and other traction men and are treated collective
ly by Mr. Pierce. He held that the testimony given
before the Public Service Commission during the
investigation of the Interborough-Metropolitan was
sufficient for him to have laid It before n grand
jury at once and secured "Indictments against Mr.
Ryan, and probably against Thomas Dolan and P.
A R. AVldener, for grand larceny." Mr. Pierce re
cited the history of the Wall & Cortlandt Street
Ferries Railway Company d>;i!. and s-iid:
With all these fact? and with the natural ten
dency of Ryan to give a favorable ptat<»ment of
this $lll.n<V> paid him through Brady's .-heck, could
there be. any doubt of a jury coavietjng him of
grand larceny? If the men who Fteal small sums
are convicted, shall Mr. Ryan, who takes over
from his own corporation $111,000, go unpunished
simply because Mr. Jerome thinks highly of h:m
and knows th« young Ryans socially?
To bring about th» vindication of Mr. Ryan. ,T»*
ome 6ubpo?naed Ryan and examined him sufficient
ly without ascertaining any important facts to
destroy any Indictment which he had obtained.
Mr. Ryan was the accused in the November (1907)
grand Jury investigation, and when brought by
I'otnpulsory process before the grand jury under
well t-ett!e"d rules, an indictment resting upon his
testimony could not b« sustained pnd would be
quashed by the court. Mr. l»mni» also suh
prpnaed Cravath and Vreeland, who w;is ,iothini{
bur the tool of Ry^n tr. the wh''i<> transaction of
looting the railway company.
Before the January i?<>osi» grand jury the same
class of evidence was Invoked, '■x'-ppt that then
Mr. Ryan '*me it his own request after Mr.
Jerome had declared him guiltless With Jerome
admittinK Kvan not subject to successful criminal
prn>e<-ution ami saying that he would send back
any Indictment found against him, Mr. Ryan could
very safely go before the January cr:iT:'i hiry. We
would urge you' h>>nor tr- carefully consider thf>
Dietiio.J and manner of Mr. Jerome's examination
of Vreeland. Brady, Ryan Mini other witnesses, If
ever roim^l Bided In tlie accomplishment of a
reoiilt through hia manner of examination, it wns
upon this case Jerome ca»efully led the witnesses
to the conclusions which he Fought.
Jerome's "throwing the dice with Ihe Ryan boys"
has made a deep and tasting Impression upon Mr.
Pierce, and he begged Commissioner Hand to con
sider it. although it was not embraced In the formal
charges. He repeated Mr Jerome's testimony
about tliis Incident verbatim, and then said:
Now, your honor Jupt conceive of a district at
torney shaking dice with the fon» of Thomas F.
Ryan' for a dollar a shake; actually breaking the
law .iß.tin.M gambling in a public restaurant whl. h
has received Its ense under the Raines law.
BhlJcmg dtee nt « dollar n throw Is frambling.
Mr. Pierce summed up his Ulen* on this Incident
with the following words: ''Shall w^» now be put
to the necesMty of preferring ehargea when Mr.
Jerome has testified to th« facts?"
Mr. Jerome's testimony in t<Ri,rd to his dinner
with E. R. Thomas was read by Mr. Pierce, iio
a^Upfi :
Car. anything whim be conceived of than a Dlb
trlet Attorney Inviunr a man under charges of
«rlme to dine with him, aad then eugjfeetmr to
8. Alimatt $c (Eo.
TAILOR-MADE SUITS AND SILK DRESSES MADE TO ORDER
AT THE FOLLOWING VERY MODERATE PRICES:
TAILOR-MADE SUITS . $58.00 AND UPWARD
SILK DRESSES . .' 62.00 ■ *•
LINEN RIDING HABITS 38.00 - -
A NUMBER OF TAILOR-MADE SUITS, READY FOR IMMEDIATE
DELIVERY. AT VERY ATTRACTIVE PRICES
(DRESSMAKING AND TAILORING ROOMS)
34th B»tmt, 35th %\vtti an& sth Anraur. 3mn f ark.
him, whil« he was his gu»sr. that he discharge hi 3
attorney and employ another attorney ngnatM
by the r>i.-trict Attorney, and saying to him r--* r
if he would do this It would be a greal deal easier
In dealing with the District Attorney s office. I.
Jerome would do such a fhirg in the caa» of E. R.
Thnma.', he would <lo It with other criminals in his
court. If ■ Dtotrict Attorney would stoop to do
such an act as th»t. can jour honor conceive of
anything bA would not stoop to do?
If he Is sustained in snen action as appears m
the Thomas transaction he- has th^ whole bar of
New York by the. throat. He can conduct on«
side of a criminal prosecution himself and dictate
who shall be the man to conduct the other, and in
order to induce criminals to accept his selection he
can make such terms with them as he thinks best.
After reviewing the charge that the District At
torney was negligent In falling to find an indict
ment against the American Ice Company, the bri»f
says:
Now, again, we say thai the question bare :*
not whether Mr. Jeron •- could convict, but whether
theif» was reasonable cau.-« to call upon him for
action, and whether he n^glecr<»d the perforaaance
of his duty. I confidently maintain ih.it much
Of the evidence h<"re tends to show that he not
only neglerted, but that he was really acting in
accordance with the desires of the American Ice
Company.
Criticism was also made ef Mr. Jerome dinira;
with Mr. Montgomery, a -banker, after t'*» latter
had been indicted, arc wpaaieii by his hrwyw.
RATE INCREASE DEBATE.
Advocated by 'Resolution Discussed
Before Traffic Club.
A resolution was Introduced last night ai Ike
monthly meeting of the Traffic Club in the Hotel
Astor to petition the presidents of the trunk lines
entering New York to give shippers at !ar?e a.
hearing on the proposed advance In freight- rat»s.
Some of the members aired the old complaint th;:t
t!i>-> last Increase in freight rates bad been made
without proper notice by the railroads «n1 th.U
the unexpected jump caused trouble tiwji
The uiembei'B, among whom ar^ the traffic man
agers and shipping agents of most of the> rail
roads of the country, were divided on tke> question,
and half, an hour's hot debate followed. C M.
Baldwin, traffic manager for Swift & Co.. brought
the resolution before the club, an! his attitude as
defender of the shippers drew a protest from the
railroad meu. who herd hat the club was -r\
partisan and should not put forward a motion d;.--
criminating against the roada The resolution was
referred to th» governing committee.
Dr. L. t. Chamberlain, an Intimate frienil of
Commissioner . Wate.iorn and a student of the
questions encountered at Ellis Island, waa the
speaker of the, evening. H*» said:
The problem of emigration does not He j n •r:.'v.
tity. efnee only It per cent o: the population la
made up of the foreign born. When we come to
consideration of the ijuality of our emigrants we
s-ee that most of them are from Southern Europe,
and I for one can sea no harm in the people we
receive from that part of the world. They cannot
speak English, but why should they. if they are
to dig in trenches?
We should consider this emigration question ne4
as .>ne filled with peril but with opportunity If
we flr.j that the conditions under which the for
eign born live Ir. New Tors City are appall - and
dangerous | v the public basJth. let us understand
that we can remedy all these «vi!s. that this is our
own municipality and under our control, to dr» with
it as w*» see fit.
C. S. MELI.ES SERVED.
Gets Bill and Subpoena in Federal
Suit.
Piston. May ?*>.— Charles s. Me'i^n. president of
the New Tork, Kew Haven * Hartford Railroad
Company, to-day accepted service tr, h»half of »i!
paitlssi except the Boston * Maine. Railroad Com
pany, named In the bill in equity brought by th«
United State* in the T'nlted States CircuH Court
to separate the Ne\* Haven company from Iti con
trol over trolley Hnes snd the stock no**- UeM by
It of the Boston & Main- Railroad.
President Mellen was in his office at the South
Station, and received Charles Morse. I'nited Stateg
chief deputy, who handed him a copy of th« bl I
and suhprpna. Arrangemeiitg for th« servic* wer»
mada by ( narles £\ t'hoate. Jr.. I .<• counsel for
the company.
It I--, understood that Lucius Tuttle. presM of
the Boston & Malm Railroad Company, will ac
cept service hi ihe i ise to mm i ■ •
HAY DISCRIMINATION INQUIRY ENDS.
Th» Interstate Commerce Commission keM Its
second heartng jreeierdaj en the comptah»l ><( th»
Tlay K\. '„..• that railroads \ver<» discriminating
agalnsi dealers In the matt< of storage rates. Th«
hearing i\;is .it the Trunk LhM Association's room>».
N-> 143 Liberty street. Nearly every r:i 11r..;i,| run
ning Into New York whs represented hy counsel.
At the SJOSM of the se-^.-ion Commissioner Prouty
declared tae hearing clo.^iJ and va;-i that ■ is»
cisioii would be gtVCBJ later. t
Charles J. Austin, ef th<> Hay ITtrlisinsjs. com
plained <>r irregularity In the movement of loads of
hay from terminals in New J« .-.-, to the New York
side ■•! the rtver. He >.ai.i hay waa Kenerally solrl
at the Hay Exchange with ■ day allowance for .i.
livery oi removal tubsaqnei to its arrival m the
.Ter^ey side of the river. Often, he declared, the
eoßveyance of bay, across the river was delayed
several d.i\s. and purchasers cancelled orders in
consequence. The witness said dealers had BS pay
Jl a day for each car In which hay was stored.
NO TEA TABLE OHFUTE WITHOI T MX 4X.
B a nr? of Teas; try th#m. t"allanan"3 Magazine mailed
on r-»n>i<»Bf
1.. JL iIXAN V>. 41 and *l Ve^T »r.
Refrigerators
Th» Perfeetton of rieanllae»*.
Efficiency and Economy:
The "Eddy "srs'Ssir
The "Premier"
Jewis&^onger,
130 in«! IS2 n>«t 4Jd Street, irl
135 West list St.. New Y«rk.
EXPECT LIABILITY LAW,
President Clears Track for Bill
Affecting Government.
[From Th<» Tribune Bur««'i. ]
WsiJilnsjtnn May 26.— 1n spite of the fllibuata?
which baa aoen ntswted in the Senate, seeminsl/
directed against tha measure providing tot gov
ernment liapiilt;. to injured employes, thers is
mnaon for believtn? that the bill will pass tta
Senate. The final form of tne bill wi'.l b* mucU
th*- same as tkal hi which it passed th- House.
In a hi^'u qnart«> it was explained t^-day that
the app&rent opposition by Republican leader*
in On 9Mnt« was not due to rhe prf>vt« ot
the bill as it pnwani taa H>->us«». but to the »üb
sMtute wUel hi offered »n<i is being mt W
Senator Beverid?e. of Indiana. The Indiana
Senator siuuM nol naaswl tr. withdrawing hia
sulmtlliils. and the Senate leaders »#r« d?t?r
mln*d that it should not 're considered. Th»
Pmsidfal was vey much in favor wf UM >g!s-.-i
tion, ami so expressed himself to. his friends hi
the Pena-<» Th*y exp!ain»tl the situation «♦ fcim
and madfl it rlear that rh*»r% was bo opposition
to the original Hr.us* measure, but ther» W «S
to the- rammr- urg*il by Beveridse. which they
called extreme and impractical.
It hi understood that rh* President sent for
jipriator Bpveridsre to-day, and ma<l* it clsar ta
him that his course in the Senate was •" ihtafl 15
liuposolble for the Senate to^art. |gr. Bev-ridjo
is und^rst'^-xi to have, ajesjnlnnanl in Ihn I*l set 1
dent's view, and there i< every probability tliaC
tri» measure will be passed.
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