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£*^ J^^ VOV OI ~ LXVIII N°* 22,724. T T -^. t* „«,•,. To-morrow, fair; light »»t v, mathwmt wind*. , TREASURY POST FILLED GEORGE M. REYNOLDS, OF CHICAGO, SELECTED. "Bank President To Be Secretary in Mr. Taft's Cornet— Office Only After Pressure. {Frtna The Tribun« Bureau.) Washington, Feb. — George M. Reynolds, president of the Continental National Bank of Chicago, will be Secretary of the Treasury in the Tart Cabinet. This nils th* one blank in the Cabinet slate printed In The Tribune of January 2s. at which time It was possible only to disclose The fact that the new Secretary of the Treasury -would be "a banker from a state ■jaM of Ohio." Mr Reynolds, who is also presi dent of the National Bankers* Association, has built up the bank of which he is president from a small concern to one of the largest and sound est institutions in Chicago. He Is a man of considerable personal means, but Is without ex icnsive outside connections, which In the case of a number of men who have been considered for this Important portfolio have proved em barrassing. It is. perhaps, a notable feature of the selec tion of Mr. Reynolds that not only was he not an applicant for the place, but that it required the exertion of some pressure to Induce him to accept. Although Mr. Reynolds -will be charged to Illinois, in the parlance of federal patronage, lie comes to the Cabinet without the political backing of any member of the Illinois delega tion In Congress, although his selection will doubtless prove acceptable, for his standing as £ banker and financier is unusually high. Immediately after his election Mr. Taft gave considerable thought to the selection of ex-Gov ernor Myron T. Herrick of Ohio jfor the Treas ury portfolio, but finally came to the conclusion that Theodore E. Burton -would make the best possible choice, and the place -was offered to Mr. Burton. This was shortly before Mr. Burton was "ted to the Senate. Mr. Taft then deter mined to go to Illinois for his Secretary of the Treasury, and he sent messengers to John J. Mitchell, president of the Illinois Trust and Sav ings Company, but when Mr. Mitch"!', submit ted certain considerations to the President-elect it was decided la look elsewhere, but still in Illinois. George E. Roberts, formerly Director of the Mint and now president of a Chicago bank, was considered for a time, but it was found that the members of the Illinois delega tion would object to Mr. Roberts being consid ered an Illinoi&an, as he had so recently become a resident of that state and still retained ex tensive interests in lowa. Finally Mr. Reyn-' «Ms as determined upon, and the President elect sought to ascertain if he would accept the place. Having learned that he will, the offer has been formally n.sde to him and accepted. Mr Reynolds recently appeared before the Na tional Monetary Commission and made a most favorable impression on all the members. He is known to be in sympathy with the central bank of issue proposition, which has been determined ■upon by the commission and there is a harmony ■between his view* and those of the commission which augurs -well for the co-operation of this lrai»Wtant-body and the future Secretary of the Treasury. The selection nt Mr. Reynolds -would complete the Cabinet slate -were it not for the fact that Mr. Taft appears to have decided on a change in ' the head of th? War Department, and probably in the head of the Department of Agriculture. Nothing is «is yet known here a- to his plans for filling those places. TO REPLACE REPUBLIC, Steamer Finland Will Go Into the Mediterranean Service. The steamer Finland, it was learned yesterday, •will be withdrawn from the fleet of the Red Star Lire and put in the Mediterranean service of the "TCnlte Mar Mac to replace the Republic, whi«*h task off Nar.tueket over a week ago. It ie gen erally kawswaf BOW that the Republic is a t tal • lees, having gone down in water too deep to permit wreek-rs to raise her. The Finland will leave New York on March M on her first run to Gibraltar. She is one of four \e m-> of the Red Star Line, which has a weekly service between New York. Dover and Antwerp. The service, however, will not be crippled, as the sev liner Lapland, launched seven months ago at Belfast, win be made the flagship of the fleer and will start on her first eastward run to Antwerp on April:*. The International Mercantile Marine Company. which Includes the Red Star. White Star. American and Atlantic Transport lines, will have four new steamers crossing the Atlantic before July. The oj<3 Mesaha, of the Atlantic Transport Line. •Kill be withdrawn from the passenger service and replaced by th« new liner Mlnnewaska. the latest addition to th* fleet. Ine Mlnnewaska will sail from New York on her first run to London on May 15. On the same day the. new Laurentic will leave Montreal for Liverpool. TV.Is will be the first eastward" sailing of the White Star Lire's new Do minion service. The Megantic. a sister ship of the Laurent V. will ea!l from Montreal for Liverpool on July 13, calling at Quebec. MINISTER AND WIFE FOUxiD DEAD. Asphyxiated by Accident. It Is Thought, in Jersey City Bedroom. Frederi-k G. H. Vahe>\ who had said he was an .ordained minister or the Christian Methodist ■Church cf the Living Cod. and his wife, were found dead from gas asphyxiation in their rooms in the rear of No. ■ Hague street. Jersey City, yes terday moraine. The g^s cock of a radiator fed from a meter was partly turned, but the gas no longer flowed when Mrs. August Schink, who lives •la a front house on t:*e same lot. found their *»Cl*B. . Captain Harrington, of the Central Avenue Police Station, concluded that the couple, having no stove. **& left the ga* turned low for the heat, and that ■tor giving out once the gas had again flowed. .^bere were no plugged keyholes or anything to •J|je*t suicide except evident destitution. p IX* couple eaid when they appeared in Jersey .Qsy about a year ego that they came from Phila delphia and hoped to found a church of their de • *»B»lnatir,n In Jersey City. Mr. Vahey made sev - •al attempts to ?et a congregation together for .the organization of a church, and he called on th« tic K apparently, whenever he had an opportunity •to offer religious consolation. The bodies w*re claimed lust night by Mrs Van *•«**. of No. 207 Webster avenue. Jersey City, who *•** that Mr. Vahcy came from England twelve Tears ago and was a religious zealot who never ■*• a cjjurch. He married her niece. Miss Maria Alien. ,ONE TAKES BLAMf; BOTH GO TO JAIL. • Edward Scott and John Ford, of Providence, the •wraer a theatrics.: performer and the latter a Je*e2«r. who were arrested in Newark last week for stealing Jewelry from a tray in a department •'tore, wer« sentenced yesterday to two months «a?h In <*«. Pr , said that he alone was guilty, tut the judge did not believe him. DEWEY'S SAUTERNE AND MOSELLE. „ . Ex'-ptional! v fine Table Wines. H. £. r>-w#y & Sous Co.. 12s Fulton St.. New lork. NO LESS THAX ASSASSIX. Talking of Newspapers, Dr. Abbott So Describes Character Destroyers. Boston Feb. I.— Caustic criticism of newspa pers which assume the liberty of assailing per sonal character by the Rev. Dr. Lyman Abbott, of New York, marked the annual dinner of the Amherst College alumni of Boston and vicinity, held at the American House to-night. • Dr. Abbott considered several topics of na tional interest, but laid special emphasis on what he termed the tendency of the American press to exceed proper "freedom of speech." Quoting Senator Tfllman as saying that a suit now pend ing against a New York paper was the "be ginning of the suppression of free speech in this country." Dr Abbott said: "If I walk down the street with my hands in my pockets it is no one's business. If I walk down the street and put my hands in some one else's pockets he has a right to kick. The lib erty of the press is no different than any other kind. A man may writ* -what he wishes about himself, but when he pulls down another man's character he is no less than an assassin." CALL CASTRO ASSASSIN. Will Be Sued on Charge of Planning Death of Gomez. Caracas. .Tan 29. via Port of Spain. Feb. I.— In accordance with Instructions from f?eftor Al cantara. Minister of the Interior, the Attorney ft! will bring suit In th« Hl/rh Federal Court against Cipriano Caatro. ex-President of Venezuela, on the charge of having attempted to cause the assassination of President Jose Vicente Gomez. Minister Alcantaras communication to the Attorney General was accompanied by a large quantity of dorumT.tary evidence, which. It was stated, "was coileced at the investigation into an abortive plot against the lif «=. of Vice-Presi dent Gomez, the constitutional charge of the Presidency." Continuing, the minister says: i The documents show that the black, black c mspiracy, which happily was frustrated by the presence of mind of the Supreme Magistrate. was the result of puggf F.tions. advice and orders of 'rpporal < "astr fl . According to Articip 95 of the constitution, which jrives the federal court jurisdiction in this accusation, this ministry re ijuopts the institution of necessary proceedings. The- court has already decided that adequat? proof ha? been furnished for the beginning of the action aerair.pt General Castro. FIND PREHISTORIC GIANT. Skeleton Fifteen Feet High Un earthed in Mexico. News was received here yesterday from Mex ico that at Ixtapalapa. a town ten mllep south east of Mexico dhy. there had been discovered what was believed to be the skeleton of a pre historic giant <<T extraordinary size. A peon while excavating for the foundation of a house on the estate of Agustin Juarez found the skeleton oft human being that is estimated to have been about fifteen feet high and who must have lived ages ago, judgrng from the ossi fied state of the bones. "Romultt Luna. Judg-e of the district, has taken possession of the skeleton, which is complete, with the exception of the Fkull. Judge Luna says that as soon as the search for the skull Is finished the skeleton will be forward-rd to the National Museum of Mexico, which has an al most prtostess collection of Aztec antiquities. The National Museum, it is said, has made ar rancements to investigate this "find." The discovery cf the skeleton has revived the old Aztec legend that in a prehistoric age a race of giants lived in the vallay of Ana huac. a name eiven by the aboriginal Mexicans to that part of the Mexican piateau nearly cor responding to the modern valley of Mexico City. These giants, known as Quinatzins. the stor> pnpf, were afterward destroyed by the T_"'.me<-as. also of ereat stature, who. in turn, perished by earthquake. Interpreted as ar. expression of the wrath of God. BEQUEATHED $500,000 WITH 50 WORDS. Bay State Man, in Brief Will. Set Son's Share at One Dollar. ■ By Telegraph to The Trlcron- ] Boston. Feb. —A fifty-word will, the shortest ever filed in Massachusetts, was presented at the Registry of Probate to-day. It disposes of an es tate estimated at $yVOO, and reads as follows: This is my ls««t will. I bequeath to my wife. Marie, born Busiel. all my belongings, including musical Instruments and all my money in the banks. To my 808, Gustav, the cum of (1 (one dollar) shall be paid out of my estate. GUSTAV GARMISSEN. The will, which is dated June S. 1908, is written on a small sheet of note paper, reinforced by a larger sheet, in order to make it fit the regulation filing box. CHILD S CRIES REVEAL TRAGEDY. Tenants Find Bodies of Victims of Murder and Suicide in Wllliamsburg. The pitiful crying or a child led to the discovery yesterday of the victim*, of a murder and suicide in the house- at No. IMA Jefferson street, Williams burg. For several hours Mrs. Bertha Detmeyer, who occupies the g-ound floor, heard a girl crying: for her mother to wake up. Finally she decided to Investigate. With her husband Mrs. Detmey*r went to the j»partmer.ts of Ferdinand Volgt and his family, on the third floor. Through the keyhole of the door Freda Volght. who is three and a half years old. told them she couldn't wake up her mother, and that her father was lying near th» door. Hurrying to the street Mr. Detmeyer found Patrolman Archer, of the Hamburg avenue station. He in turn sent In an t .ibulance call to the German Hospital, and p r Graves, who responded, said Mr. and Mrs. Volgt had been dead about seven hours. From the child the police learned that Voigt, soon after he got up, went into her mother's room and then she heard two shots. Volgt was shot through the head and his wife through the heart. Besides Freda they left a boy named Ferdinand, two years old. HELEN KELLER TO MOVE TO MAINE Hampered in Her Work for the Blind by Ma..y social Engagements. Boston. Feb. I— A large farmhouse In Bruns wick M«.. »• '■ ■ **> th '" ture home of Miss Helen Keller* the famous deaf, dumb and blind young woman Miss Keller, who for some time has lived at Wrtntham. Mass., with Mr. and Mrs. J. A Macy has. Jointly with them, purchased the estate at Brunswick and the three will move there in May next. z/'^y^.' They have not yet fully decided whether to make the place an all-the-year residence, but are in clined to do so. Miss Keller wishes to be further away from the city. In order that her work for the Mind may not be Interrupted by so many social engagements. ONLY COMPLETE FLORIDA TRAIN . -vtr.c both Pi ib car and obseivation car Is Sea bclrd Florida Ltd. thickest train to St. Augustine, wtSTtSSS£ ££ to Palm Beach Miami. Kntghu Key. Ul4. 11W B way. Phone j.6« Mad.— AaM. NEW- YORK. TUESDAY, FEBRUARY 2, 1909. TWELVE PAGES. FOUND SHOT IN HOME WEALTHY NEWARK REAL ESTATE MAN DEAD. Police Looking for Contractor Who, Mrs. Frank Wilhelm Saps, Threatened Her Husband. Frank Wilhelm. forty-seven years old, a Justice of the peace and wealthy real estate dealer, of No. 448 High street, Newark, N. J., was found dead in the basement of his home last night, with a bullat wound in his right eye. A thor ough search of the premises failed to reveal the weapon with which the wound had been in flicted. The police eaid they were looking: for an Ital ian contractor, who. according to the story which Mrs. W!!nelm told them, threatened sev eral days ago to shoot her husband unless money due him on a contract was paid. Mrs. Wilhelm had gone to see her friwid, Mrs. Frank Farmer, of No. 2 Broom© street, and did not return until 9:30 o'clock. Before she left the hottse her husband told her that he thought he wbt'ld move some of the furniture in hi* office, whJch he maintained in the house, lmrt another room, and that he would also prepare some building and loan premiums which h- told her be expected to settle last night. "Whan Mrs. Will .«lm returned Mr. and Mrs. Farmer accompanied her. Mrs. "WilnHm left her guests in the front of the house, while she went down to the basement to attend to the fur nace. A moment iater she ran up the stairs and Into the parlor, screaming that a man's body wis lying on the floor of the basement. Mr. Farmer went out of the front door and entered the basement by way of the rear out side entrance, finding the body of his frien i ly ing face downward near the door. Th*» hands ■Rfw covered with dust, which served to Indi cate that he had beon busy with the fum'tur*. It w«s found later that some pieces had been moved about the office. According to the police, who were summoned at once and failed to find r.ny clews, Mrs. Wil helm said that her husband had had some trouble recently In obtaining money for hie real f.6tate operations, and that an Italian contractor, who had become Impatient for his money had threatened her husband's iife. Wllheim's gold watch, $75 In cash ir his pockets and a diamond pin in his necktie had not been touched, leaving the polios to baliaw that robbery was not the motive for the murder. Mr. Wilhelm owned a large amount of real petit* in Newark, including th« three story brick house which he. occupied, and several otners. TOOK ENOUGH TO KILL 500. Salesman Had Insurance Policies Extended Before Drinking Poison. After having had his Insurance policies ex tended until the sth of the month, Leon A. Adler, a salesman, was found dead in his apart ment, at No. 68 West 70th street, last night. Three empty .on.e-pu.nce vials, that b»H contained cyanide of potaeeium were found in his ro.em, and It Is believed that he emptied the content* of all three into a tumbler and drank the dead ly poison. Physicians said that there was enough of the drug to kill five hundred men. Adler was thirty-five years old and was living apart from his wife and two children. Four weeks ago he engaged an apartment in th.? horn* of Mrs. J. P. Shugar, on the second floor of No. 68 West 70th street. He gave his land lady the Impression that he was employ at the Hotel Marie Antoinette, but It was said at the hotel last night that Adler was not known there. Mrs Shugar said he often referrred to his two children, whom he spoke of with great affection. Two letters were found by the police. The first was addressed to Mrs. Shugar. and s*id: I am sorry to put this inconvenience upon you. but it cannot be helped. The money owing you will be paid. Kindly notify Mrs. Leon A. Adler, No. 4." West 123 d street, telephone. 8(540 — Morningside. The other letter. signed "Leon." was not ad dressed to any one. It was plainly intended for AdWs family, and read as follows: Dear ones, goodby. I find it absolutely im possible to nnr* 1 more become reconciled snd to have our happy home again. I have decided to end It at once. You will be better off without me. In the Provident Life. $4,500; in the Mas sachusetts Life, $2,500. This will help you out for a while, as I am absolutely of no help. Good by. dear ones, soodbv You will find the notice of the extension of my policies to February 5 in my packet. PITTSBURO COMPANY HELD CASH Attorney Says O'MaHey Knew 5500,000 Was Not To Be Returned to Washington Life. I By Te'wrT*vl! I" Th« TIM— Pittsburg. Feb. I.— The Pittsburg Life and Trust Company to-day, through its attorney, Frank Ewlng. issued a statement regarding the report from New York that- about JSiiii.ono is missing from the assets of the Washington Life in New York. "Attorney General O'Malley and the New York Insurance Department knew." he paid, "that the cash in question was not to be returned, as the Pittsburg Life and Trust Company stated to them that It was absolutely necessary to retain cash for the transaction of th» business The PlUsburg company assumed all the obligations of th«» Wash ington Life Insurance Company and is pay ing all the liabilities of the latt»r's policies as they accrue, and of course It would be absurd to male* a deposit of this cash with the Washington Life. The Pittsburg Life and Trust Company deposited assets as collateral for the reinsurance largely in excess of the legal reserve on the policies rein sured." HASKELL COULD NOT ACT FOR STATE. Oklahoma Judge Orders Suit on Printing Con tracts Stricken Off Court Files. [By Telegraph to The TriHin" ] Guthrle. Ok.a., Feb. I.— That Governor C. N. Husk"!! has no authority to Instil court ac tions in the name of the state was the decision gHen to-night by District Judge A. H. Huston In ordering stricken from the court flies the suit brought by Haskell to recover $195,000 from ex-Chief Justice John H. Curford, rjsafjnasssan Bird S. McGulre, ex-Concressmaa Dennis Flynn and the State Capitol Printing Company, alleging that the defendants conspired to overcharge Okla homa to that amount in territorial printing con tracts This decision sustains Attorney QsaeraJ Wests contention in the recent campaign thf. Gov error ' Haakcl! had no right to employ counsel to interfere with him in the prosecution of the Stand ard Oil Company^ . LONG MAN WANTS LONG BED SHEETS. [By Te!«eraph to Tha Tribune.] Jefferson City, Mo, Feb. 1.-No more will. Mis souri lawmakers get cold feet while asleep if Rep resentative Branches b!U becomes a law. It re quires all hotel bed sheets to measure not less than nine feet in length. Ever since the present session of the Legislature began Representative Branche. a tall roan, has complained of short covers and cola feet. He Insists he is not joking and will scats tne measure for p&ssag*. GAS DECISION STANDS A REHEARING REFUSED BY SUPREME COURT. Consolidated May Try to Delay Re bate Payments a Year — Waiting for Formal Mandate. Washington, Feb. 1. — The Supreme Court of the United States to-day denied the application of the Consolidated Qaa Company of New York for a rehearing. The casa involved the validity of the 80-oent gas law and was recently decided against the company and in favor of the law. The company applied for a rehearing on the ground thst th« decree of the court was Incon sistent with some of the conclusions In the opinion. The effect of the denial Is to leave Justice Peckham'a decision standing. Now that the United States Supreme Court has denied the Consolidate Gas Company's pe tition for a rehearing, th<*, Corporation Coun sel's office and the gaa rompany"s counsel are awaiting the mandate, tho former so that judg ment with notice of taxation of costs, amount ing to about JoO.OOO, may be made, and th« lat ter to determine. Ju3t what to do next. There was the PUKgesfion of a hitch In the distribution of the money— over $11.000,000— by one of the company's counsel. When the mandate is received here the T'nited States Circuit Court will take up the question of returning the money to consumers at once. Ths funds, excepting about $2,000,000, ar<» in the hands of United States Commissioner Shields, awaiting th« court's order. The f&MMfc 000 represents the amount In the hands of the company accruing from the overcharge since March. Charles F. Mathewson, of counsel for the Consolidated, said yesterday that it would be safe to say that the company would obey the law as It was laid down. "We always obey the law." he added. "Just what course this may require In detail it is im possible to say in advance of the Information as to exactly what may be required by the man date, or what, if anything, may be l"ft to the discretion of the court." Mr. Mathewson let It be Inferred that the "discretion of the court" might be that the $7,000,000 which the Consolidated is expected to return to consumers should not be paid out until after a year's test of the 80-eent law has been made He said It would bf tmjnat practi cally to exsct a penalty of f&OMMMQ, the ap proximate difference between gas at $1 and at 80 cents in <>ne year's business, to determine whether an SO- C ent rate would pay 6 per cent, which the court held th« stockholders ware en titled to, and at the Bame time compel the com pany to distribute $7,000,000 to consumers, which, in the event of the. trial showing that th* Sii-cent rate was not high enough, woidd ->» practically forfeited. However. Mr. Mathew s>n said, the mandate would determine the ac tion of the company relative to the distribution of the mm.ey. William P. Burr, Assistant Corporation Coun sel, who. with Alton B. Parker, represented the city In thfi-'wntr-feaia'* that -the mandate would probably be handed down on February 4. and that Judgment would be entered and notice of taxation of costs made. The $.V>.<X)O. he said, represented referee's fees, printing and stenog raphers' bills. The city on its own gas bills will .have saved $600,000 up to May. 1909. and the saving each year thereafter will be $150. ono. he said. The saving to consumers with gas at SO cents will be $7,000,000 a >'« - William R. Wlllcox, chairman of the Public Service Commission, which was represented in the suit, said that the refusal of a rehearing was a great victory for the people. This decre3, he said, meant that the SO-cent gas law was constitutional, and hence becam- a part of the statutes of the •tats. Mr. Will on said that the decision would have a wider scop* than was generally known. It would enable the commis sion to demand that street railway companies which alleged that tha operation of lines was not profitable make a test for a given period to bear out their contention. Last month the Corporation Counsel began an action against tha New Amsterdam Gas Com pany to compel it to refund $1,258,000 in an effort to force the companies to assume the ! cost of distributing th- money due the con sumers. The case will be argued in the United States Circuit Court en Friday. Mr. Burr said it was not Just that the consumers should be required to pay anything toward the cost of getting what originally belonged, to them. Thera has been some uneasiness among con sumers as to whether they would be able to «cet the refund if receipts were lost. The gas companies have filed with Commissioner Shields memoranda of all the bills, so there will be no hitch in returning the money to those entitled to it. There was an understanding when the Con solidated decided to carry the case to the United States Supreme Court that the judgment Of the court would be accepted by the other companies. This was not formally stipulated, however, and there was a rumor yesterday that the other suits would be taken up. In that event only the Consolidated Gas Company's money on deposit and held by it would be refunded. The amount actually deposited by it with Commissioner Shields, with interest, amounts to $5,020,979 74. The other companies have on deposit, with In terest. 54.006.412 t>l. Following the announcement of the Supreme Court's decision the stock of the Consolidated Gas Company broke from 121H, to 115%, falling as much as one-half a point at a time between sales. Other leading stocks gave way in sym pathy, but the decline was only temporary, and most of the issues showed net gains for the day at the close of the market. Consolidated Gas rallied to 119, at which it closed, a net loss for the day of 2Vi points. The total transactions in the stock were 12,700 shares. The decline to 11534 yesterday was the lowest point touched by the stork in many months, ani* compares with the high point of Ki?.^ for the year on Jan uary 4, before the Supreme Court handed down its decision upholding the SO-cent gas law. SUPPOSED CORPSE DEMANDED FOOD. Orange. N J.. Feb. I.— John Albright, a Went Orange milkman, found a man apparently frozen to death, lying in a roadway at IfM o'clock this morning. He lifted the body into nis wagon and brought it to the police station. Sergeant Heslln placed it In a cell until the comity physician could be summoned. In an hour thfe were cries from the cell for breakfast. The man described himself as John Hughes, of Mindanao. Philippine Islands, a soldier of the United States army, home on a furlough. Hughes said he had been celebrating: and had lain down for a nap. NO MORE EASY NEVApA DIVORCES. Carson. Sev , Feb. 1.-Tl.e state Assembly passed a bill to-day uinTlilai tnat applicants for atvosca in Nevada must he residents of the state two years instead of six niontas as heretofore. HAAN'S RESTAURANT. PARK ROW BLDG. Long famous for cuisine and a«rvi;e. Music. — Auvt- REFUSES $in,noo LEGACY. President Roosevelt So Informs Ad ministrator of Recluse's Will. Boston. Feb. 1. — President Roosevelt, in a let ter to the attorneys for the administrator, de clares that under no condition will ha accept a legacy of $10,000 left him by the last will of Benjamin Hadley. an East Somerville rec'use. who died on D>ecember 16, 1907. The will disposed of property valued at $150. 000. and provided for a legacy of "SIO,OOO to the President of the United States." DEATH FOR BURGLARY. Cajn'al Punishment Provided in 'Texas Measure. Austin, Tex.. Feb. 1. — The bill in the T»xas LegislßMre making 1 burglary of a resign. - a capltn] offence was passed finally by the House to-day. Representative Haxthausen introduced a bill to-day whi^h fixes the penalty of an automobile driver ■whose machine kills or Injures a person by accident while running more than ten miles an hour In to^ns or twenty miles In rural dis tricts at two to flvp years In the penitentiary. EXPRESS NEAR WRECK. Car of Ontario &> Western Train De railed Near Middletown. (By Telegraph to The Tribune.l Middletown, N. V.. Feb. I.— Train 2. a fast passenger train on the New York. Ontario & Western Railroad, due in New York at 7 :.'><> p. m.. had a narrow escape from being wrecked to-night. The train was running about forty miles an hour when, near Fair Oaks, two miles north of this city, a wheel on the forward trucks of the smoking car broke and the car was de railed. «' H. Murray. th« conductor, felt the car l»ave the rails and instantly signalled the engineer, but the train ran several hundred yards be fore b^inp brought to a stop. The passengers were considerably shaken up, b\:t no one was injured. The train was delayed two hours. SPECIAL CAR FOR NEGRO. Humiliation of "Jim Croii:" Travel Spared Registrar Vernon. [By Telegraph to The Tribune.] Topeka, Kan.. Feb. I.— Registrar of the Treas ury W. T. Vernon, th*- Kansas negro, passed through here to-day on his way from Washing ton to Oklahoma, where is to speak on the race question. In order to avoid the humiliation of the "Jim Crow" car law in Oklahoma the ne groes there have chartered a special car for Mr. Vernon, which he will use in all his travels in the new state. He will take th" car at Caktwell, Kan . in the morning ar.d k*>ep it until h*> gets to the Kwnsas line again n<=-xt Monday. He will sr^ak at El Reno. Oklahoma city. Guthrie and Muakosjaa. RECTOR FOR LICENSE. Riverhead Clergyman Aids Anti- Prohibitionists by Circular. Two thousand circular letters headed "Grace Church Rectory, Riverhead. Long Island, Janu ary 30. 1909," were sent out yesterday by the Rev. William A. Wasson. rector of the church, in the interest of saloons and their licensing He wants th« people to join the Rlve-rhead License Leajrue and vote at the forthcoming spring election for license. The Suffolk County Editorial Association re cently decided that the weeklies published by its members should no longer print matter re garding license as news. Notice was formally given that the saloonkeepers and the Woman's Christian Temperance Union would be charged uniform Advertising rates for all matter per taining to the liquor fight. Barred from using the weekly papers, because the advertising would be too costly, Mr. Waasoa resorted to a long letter, which has been sent to more than two thousand voters. "The sole object of the Rlvvrhead License League," says Mr. Wasson. "Is to convince our fellow citizens that the licensing of th« liquor business end its proper regulation under a rea sonable a>.d practical law is a far better plan than that of no license, which has always caused lawbreaking. perjury, hypocrisy and all manner of corrupt and corrupting jvaetlces." He wants to form an organization to carry the town for license next fall. PRESIDENT DID NOT STRIKE HORSE, Yonng Woman's Mother Writes, Denying Story. Washln«rton. Feb. I.— For the first time making public a disclaimer of published reports that Pres ident Roosevelt, while riding In Rock Creek ?•?*. near this city, struck the horse ridden by * young woman who happened to ride near his party, the White Houso to-day gave out a letter received from the young woman's mother. It was dated at Los Angeles, Cal., January 27, and Is as follows: My daughter. Miss May Rhodes, whose horse, it has 'been widely reported, you struck while riding In the park last Thanksgiving Day. most emphatl c=»llv denies any knowledge of such an occurrence, and as it is deemed of such importance as to be referred to I" Cong-- may I be permitted to ask •yon why you do not deny this story? Very sin cer"ly! " ELIZABETH M. RHODES. EXPECT MANY LAND INDICTMENTS. Tennessee Man Didn't Know He Owned and Transferred Oklahoma Lots. Miiskneee, Ok!.-,.. Feb I.— At the end of the fl r s' day of the second w<=ek of the town lot fraud in vestigation it is evident the representatives of the government are certain that many indictments will be returned by the grind Jury. The testimony of the Tenn<-««ee witnesses has proved a revelation. One of the twenty-five wIt n?SSMI from that state said to-night: "When I was subpoenaed by the government to come to Muskogee I did not know there was mich a town on the map. I hart never heard of it and wondered what the government wanted me for. Since my ar rival I have learned that I was once the owner of a four acre lot here. I also learned that In some mysterious manner the lot and I had parted com pany, and some on» had signed my name to the quit claim deed. That Is all I know about it, and i suppose that Is what I will have to tell the Jury-" FIREMAN HAB BOTH HANDS CRUSHED. Fireman William Lawlor's hands were crushed by an 8-tnch hawser last night Just ss the flreboat New Yorker was about to pull out of her berth at the Battery in answer to an alarm sent out from Greenwich and Cortlandt streets. Lawlor was re moved to the Hudson Street Hospital. It is thought that the accMaat will unfit him for further service as a fireman. The New Yorker after the accident proceeded to the fire, which amounted to practi cally nothing, an awning haying caught flre from a cigarette »tu> PRICE THREE CENTS. XOYIiL STANDARD PLAN OFFERS P. i RTNERSHIP WITH MISSOURI. Proposes Formation of Nexc Oil Company Practically To Be Operated by the State. ; i « [By Telegraph tn The Tribune J Jefferson City. Mo.. Feb. -Rathe* thai *>« driven from the state under the ouster decision of the Supreme Court, "the Standard Oil Com pany of Indiana has proposed that the State of Missouri go Into partnership with it in the man agement of its Missouri business. No more re markable proposition for state control was ever submitted by a corporation than that presented by the Standard company to the Supreme Court this afternoon. After setting out the many rea sons why the big refinery at Sugar I "reek should not be excluded or the sale of oil outlawed, tha brief filed to-day says: "This respondent is willing to place Itself and its business under the vigilant eye of the state and subject to the supervision and control of this court If it will aid In a proper solution of a difficult situation. If some such arrangement be acceptable, th« owners of dM majority of stock of the Waters-Pierce Oil Company will place that stock In tha same situation. "It is. therefore, proposed that In lieu of th« Judgment of ouster against the Indiana com pany a new Missouri corporation be formed. which shall take over all the Missouri property l of th-» Indiana company and succeed to all its •business in this state. All the stock of th« new company, less enough to qualify directors, shall be Issued to and for four years stand la th« name of two persons as trustees, one selact ed by the state and the ether by the Indiana company, both selections to be approved try this court. These trustees shell act as officers of this court, subject to its control and direction, and so vote th» stock and keep vigilant super vision over the affairs of the company, as to see that it conducts the same In a way that fair. Just, lawful and proper treatment Is ac corded to the public as well as to the property. company and Its real owners. If ever, as t» any action to be take n or pursued, th* said trustees cannot agree, the controversy shall be submitted to the judges of this court, or some onfi named by them as an arbitrator, the de cision of the judges or their arbitrator to be final. "This respondent would prefer not to form a new company. It would prefer tc remain In the state and have appointed such trustees, giv •ng them by irrevocable power of attorney fall power of supervision over the conduct of Its business in Missouri as that outlined with re spect to a new company. "The stock of th ■ Waters-Pierre Company owned by the Standa. d Oil Company of Ne-sv Jersey shall be sold and transferred to and be come the property of the Missouri company thus formed, or, in lieu thereof, it shall be trans ferred to and held by said trustees tor the same period." The company's attorneys have hope that ths proposition will be accepted. According to thi3 plan, the state would have a financial Interest in the business, would have half of the manage-" ment and couH help to fix prices, determine conditions of Mir and the method of handlir'sj the business, the court to settle all disputes. The proposition is without a precedent, and coming as it does from a corporation that has been the most secretive of all corporations, it has completely puzzled the state officers. FIRE IN RECTORY. Parish House of Paulist Father* Damaged — Overcome. A panic was narrowly averted last night through the presence of mind of Father B. O. Cooway, when a fire broke out In the rectory of the Church of St. Paul the Apostle. fiOth street and Columbus avenue. The fixe started about 9:30 o'clock on the second floor of tne rectory. which Is a three story building. At the time Father Con-way was busy en the firr»t floor In structing forty or more converts. "When Father Cosnvay heard there was a fir* ha calmly told his class the. lesson was over arc then they filed out into the street, and not until then did they learn of the blaze. About twenty priests live in the rectory, which adjoins tha church. They all took a hand In fighting the blaze. Father B. O. MrGrath. a former baseball player at I/ari;.:nu»h. was over come by smoke, but soon revived. Father Marie W. Lappen discovered the blaze and Immediately rushed downstairs. On» cf ti~* priests called up the Fire Department and aent in a "still" alarm. In a few minutes an engine was on the scene, and after two hours of hrrd work the fire was put out. Father John J. Ku«hes said tost night that the damage would te nearly |3.ofm. He said that the sacristy and valuable fixtures in th«» rectory had been damaged by water. GAVE BLOOD IN VAIN TO SAVE LITE. Negro Woman Die 3 After Hospital Messenger Submits to Transfusion. Gustav T-abrink. twenty-five years old. a messen ger employed in Bellevue. Hospital, gave a pint of his blood yesterday in order that a negro woman might live His BUaanMM let was in vain, how ever, for the patient died eleven hours after aa operation for transfusion was performed. The woman, Julia Herring, was brought to the hospital on Wednesday suffering -wit?-: lmernai hemorrhages. end"lt"was decided that a transfusion of blood was necessary to save her life. Dr. Geiser called f^r a volunteer among the or* deriiea of the hospital, anl thoutrh several were willing to give a pint of th^ir bltv-d. only Labrtnk's was of the standard. He wn strarpe-1 on an oper ating table alongside the woman and an ar his r.^ht arm open>il. An artery in th© woman's left arm was a!- s >nd stimulants admin istered to Labrink to m~ke the heart [.•.rap faster. Labrink seemed to sho^ as efTe-.-ta from the operation. The case was made on« for the Coroner's Office to investigate, the ■woman bavin* been in it« hos pital less than twenty-four hours ' __ • * TRAIN NO. 23 FOUND. 1..a Crosse. Wis F*b. !.— Mlnsing passenger t-*h» No. 23 on the Chicago. Milwaukee & St. Paul read was officially "found" to-<3ay when wire <-omnv.rnl cation was established with Jackson. Mich. The train had discharged Its passengers and started east. The passengers were sent to their destina tions by roundabout routes. Amor.? the passengers was Mrs. James O- Davidson, wife of the Governor. Mrs. Davidson said that none of the passengers suffered through their unusual experience. AGED NEGRO FROZEN IN GEORGIA. Mllledgeville. Ga.. Feb. I.— Caroline Davidson, a ,jiegro woman, aged ICO years, was frozen to death In her isolated home In this county yesterday. Sarah Reeves, another negro woman, also ICO years old, living near by, was burned to death la her home about the same time. Sold only in sealed lead packets to preserve Its delicious flavor. Ask '-our grocer for "Salad*" Sea-— Advc