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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, May 18, 1909, Image 2

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_ DKCDIjI Cl||Q Secure "Hatty 1 ."
*- DfiOLDflLLrflriO P!CTURE mi i
ZTht» coupon la good for nji» tundiomt
Photogravure of "Christy" Matheweoa.
, the New York Giants' peer.*** pitcher.
fj !1 Present at the Uptown Office of THE
2T il TRIBUNE. 13«4 Broadway. or THE
O_ j TRIBUNE 154 Naaaau Street.
11 If unabl* to call 1n person, mil' t«
Dl>»pt. C. THE TRIBUNE. 154 Nassau
—* j j Ftr»?T. inclosing a S-eent uunp for
j j postage.
7T | The coupon wiff appear every day In
U l THE tribune
Litigation Over Estate of Wallace
C. Andrexcs Ended. ,
"Washington. May I".— By a decision rendered in
the Supreme Court of the United States to-day the
'Smithsonian Institution lost a suit which, if It had
been decided in Its favor, would have added con
siderably to its funds. The case was that of the
Smithsonian Institution against G. C. St. John,
executor of th« estate of Wallace C. Andrews, of
New York. The name of Chief Justice Fuller, as
chancellor of the Smithsonian, appeared as a party
to the suit, which was finally decided to-day by
the court over which he preside*. The Chief Justice
did rot participate in the decision, end the result
vii announced by Justice Brewer. •
The Supreme Court's decision practically ends the
litigation ov»r the will of Wallace C. Andrews,
which ha« been before the courts for ten years.
Andrews, who before hi.« removal to New York,
had been connected -with the Standard Oil Company
at Cleveland, founded the New York Steam Com
pany. On April 7, ISM. he. and his wife were
burned to death in their home at 67th street and
Fifth avenue. His Trill disposed of some millions
of dollars, half a million going to relatives, and It
was provided that the remainder should be used to
found an Institution, for the education of girls In
stenograph-/, housekeeping and other industrial
art* on the* farm on -which Mr. Andrews had lived
In Wlllougbby. a suburb of Cleveland. The will
provided that If this gift should be invalid, the
money should go to the Smithsonian Institution.
Gamaliel C. St. John. Mr. Andrew's brother-in
law, the executor, caused the Andrews Institute to
be incorporated in Ohio. Some of the relatives
and the Smithsonian institution contested the will.
The case was tried at various times, and finally by
the Court of Appeals of this state. The bequest to
the Andrews Institute was sustained by ail the
courts, except that some income was given to heirs
represented by Harold Nathan The Smithsonian
appealed to the United States Supreme Court, and
the case was strenuously contested by counsel for
the Andrews Institute, and by James W. Hawes,
counsel for the executor.
Boston's Building Regulations Up
held by Supreme Court.
Washington. May 17.— The constitutionality of the
regulations under which the height of buildings In
Boston is conttollfd was upheld by the Supreme
Court of the United States to-day In the case of
Francis C. Welch. Permission to erect a building
of an elevation in »x~es* of the limitations fixed
hr a commission ws«= refused to Welch. The case
Involved several delicate questions. Including the.
following: Whether the Legislature of a state can
properly limit the height of buildings in cities;
whether, if not. it can clacMfy them so as to per
mit higher buildings hi one part of a city than in
other parts; If SS. whether it can delegate to a
commission the right to make rules prescribing
different heights, end -r-hetber i-uch rule*, when
made, are constitutions). The opinion of the court
was announced by Justice. Peckham, and affirmed
the decision of the Supreme Judicial Court of Mas
Soston, May ,7- Francis C. Welch, who carried
the. Question of the constitutionality of the act
limiting the height of baMhtgp in Boston to the
rnlted. States Supreme Court. is a trustee for many
•Metes In Ms city affected by the act. Mr. Welch
•aid to-day that his appeal affected no particular
piece of property in Boston. There was a desire,
however, to test the act of the Legislature, passed
ten years ago. which limited the height to 125 feet
•within the business and certain residential districts
of the city. There Is only one building in Boston
which exxeeds the limited height, and that was
constructed before the act was passed One build
tag was found to be sis feet above the limit, and
aft*- a lons legal controversy «nd an appeal to the
Legislature, where favorable action was obtained
only to be followed by a veto by the Governor, the
building wan reducej jo the required height.
Supreme Court Denies Petition of Railroads
for Writ.
Washington. May 17-Th« Supreme Our) to-day
aer.led the applications for writs or certioran in
the i: junction cases between the Alabama Railroad
Commission and the railroads of that state, in
volving the constitutionality of the rate law. The
effect of the decision Is against the bringing of the
cases to the court, and was therefore adverse to
th* railroads, which sought to have the Supreme
Court review a decision of the United States Court
of Appeals for the Fifth Circuit, which refused to
affirm a Judgment of the Circuit Court for the
Southern District of Alabama, holding the law to
be cenflscatory-
Temperance Advocate Was Advertised as In
dorsing Whiskey.
■Washington. May D.— The case of Elizabeth Peck
art. the Chicago Tribune Company, involving a
charge of libel by Mrs Peck against "The Tribune"
bemuse eC the publication of her portrait as part
of an advertisement indorsing a certain brand of
whiskey, was decided by the Supreme Court of the
United States to-day In favor of Mrs Peck, Justice
Holmes announcing the decision. Mr*. Peck is a
resident of lowa aid • temperance advocate. Her
picture was printed over another name, that of a
nurse, and she wsa quoted as strongly Indorsing
Holding that the publication represented Mrs.
Peck, notwithstanding the use of another name.
Justice- Holmes «atd: "Many might recognize the
plaintiffs fsce without recognizing her name, and
Those who did know might lie led to infer that She
had sanctioned trie publication under an alias.'' He
alas held that, e\en though the publication had
beer, by mistake, the publisher was not relieved
from responsibility. Discussing the question as to
•whether the publication was libellous, the Court
saM: "It teems to us impossible to say that, the
obvious tendency of what is imputed to the plain
tiff by this advertisement is not seriously to hurt
her star. dins, with a considerable and respectable
class •"* the community."
Must Pay Full Rates for Transportation of
Non- Combatant* from Manila to Spain.
"Washington, May 17.— controversy between
the government of the United States and the Coni
panla Trssatlantlca. owner of the line of steamers
employe* to tntnsp«rt the Spanish prisoners from
Manila to Spain after the close of the Spanish-
American War. which arose over the rate of payment
for the passage of non-combatants, was decided to
day by th« Supreme Court of the United States
, against the government- The title of the case was
J. M. Ceballoa & Co. against the United States.
Ceballos * Co. were the American representatives
••f the steamship company.
The firm entered Into a contract with the United
States official* her* after the Treaty of Paris ha.l
Veen eisned. in which It engaged to carry all officers
to home ports for $215 each, and all private soldiers
and oth*rs for J7S each. When the work had bee.,
competed «'eballus A Co. put in a bill for t1.537.641,
all at which but J283.3W was paid. The firm then
brought euit in the Court of Claims for the remain
ing aawunT, asserting th*t the transportation of the
wives and children at Spanish officers should be
paid for at the same" rate as the Husbands and
fathers.' Th* government resitted tills, and the
Court of Claims sustained Its contention, holding
hat the price of $71 applied to all except military
md civil officer*.
Justice White rendered the opinion reversing the
incision, of the Court of Claim* and orderlac pay
seat of the claim in full.
No Progress Made on Schedules — A
Discussion on Razors.
[From The Tribune Bureau.]
Washington. May 17.— Speeches by Senators Depew
and Sutherland occupied so much of the Senates
time to-day that no progress on the schedules of
the tariff bill was made. Although the session
began at 10 o'clock and lasted until nearly 5:30
o'clock, the cutlery paragraph, which was under
consideration on Saturday, was the unfinished busi
ness when adjournment was taken. The leaders
believe that night sessions must be held in the near
future if the bl\l is to peel the Senate by the mid
dle of next month. There are half a dozen more
paragraphs In the metals schedule which will lead
to extended debate, among them those relating to
antimony, zinc and watch movements, and it is
doubtful if the lumber schedule will be reached be
fore Thursday. It was hinted to-night that the
lumber schedule may be passed over for the pres
ent. The leaders are fully aware of the interest
taken in this schedule by most of the Democratic
Senators, and are disposed to hold it back for trad
ing purposes.
Senator Sutherland opened to-day's session with
an elaborate analysis of the constitutional objec
tions to an income tax. He spoke for nearly four
hours, his argument being a reply to the speeches
for an income tax made by Senators Bailey, Cum
mins. Borah and Owen. Mr. Sutherland held that
federal taxation of Incomes was an encroachment
on state rights, and declared that the national gov
ment should not resort to this kind of taxation ex
cept In times of emergency.
Senator Depew spoke for nearly two hours to an
attentive ssdlmnr. He made a general defence of
the protective system and demanded that Congress
get down to business and pass the tariff bill at the
earliest possible day. He said in part:
One result of this discussion has been to rescue
the fame and rehabilitate the reputation of tin*
lamented General Hancock. Little tntngs, single it
marks, make and mar tne careers oi statesmen.
General Scott's request that he might delay ins
letter accepting the nomination for tne Presidency
until he could take a hasty plate Of soup closed
his campaign. General Hancock's answer to the
committee of notification that the tariff was a local
issue in his State of Pennsylvania laughed bun
out of the canvass, In the cloud of generals who
were famous in the Civil War he Is nearly forgot
ten. I remember as if it was yesterday the tele
gram which General McClellan sent to bis wife
after one of the great battles of the Civil War:
"Hancock was superb to-day." All that Is forgot
ten by the crowding events of advancing lime.
But now it is brought home to every Senator and
to the whole country that General Hancock ut
tered a pregnant truth, and his fame is likely to
be embalmed in his phrase. "The tariff is a local
issue" everywhere. It is breaking party linos in
states where its productive energies are producing
prosperity. The favorite method now of attacking
the protective principle Is to proclaim loyalty to
the principle of protection and oppose its appliea-
The eloquent and learned speeches which have
been delivered here by the Senators from lowa,
Minnesota and Kansas have developed a new kind
of protection. The new school believe in the prin
ciple. but oppose Its application. Our Southern
friends reject the principle of protection, but be
lieve in its application to their own products, I
believe if a committee were appointed, composed
exclusively of the Senators on our side who object
most violently to this Mil. that they would have
more difficulty in agreeing with one another than
it is understood our Democratic members bad when
they caucused the measure.
I was a delegate to the national convention at
Chicago, and mingled as much as any one with the
representatives of the Republican party. There wns
no discussion of. public or private, and no commit
tals to. public or private, any method of the revi
sion of the tariff There was an understanding in
which ail Republicans are agreed that the con
stantly changing condition* of production and In
vention and in cost in different countries not only
justified but demanded an examination of the tariff
schedules which have been In existence for ten
years, with a view to doing equal and exact Justice
to every one of these items within protective prin
ciples which have been inserted in the Republican
platform ever since the formation of the party.
An income lax has been urged by the Senators
from Texas, lowa and Idaho. It is advocated with
great ability and a great array of precede] is
cited to support their contention.
The object and aim of these long speeches which
are as able a*: any ever delivered at any time In
this body are to have the Senate reverse the Su
preme Court. It is better when a decision of the
court of last resort Is against the judgment of
counsel to present to the public what tire counsel
would have said if he had been ■ judge than to
adopt the remedy which Judge Grover. of our New
York Court of Appeals, said was the only one left
for the defeated attorneys, and that was to go
down to the tavern and curse the court. Ono
Senator wishes distinctly to challenge the Supreme
Court with the idea that the argument and ■■■■-
cision' in the Pollock case will be reversed An
other Senator wishes to have it introduced as a
principle in our political economy, even if the
tariff is to be reduced in order that there may not
i.. an excess of income over expenditures.
Unless, as In war time?, there Is an absolute
necessity for an income tax. It is the most direct
possible attack upon the protective system. The
only way in which the surplus revenues it would
produce, and which are not now. needed, could he
taken cere of. would be either a horizontal reduc
tion of the tariff to bring the revenues down to the
expenditures or else to enter upon a bacchanalian
saturnalia of extravagance.
There is another view which strikes me. very for
cibly and which has not been presented Th* time
has'Vome to draw the line between the sources
of revenue for the federal government, and those
which shall be left with the states. The federal
government has unlimited opportunities for revenue
through the customs and by Internal revenue taxa
tion of almost limitless varieties and by otlirr
methods The states must deal directly with their
people I was talking a few days ago with the
Hop Edwin A. Merrltt. chairman of the Committee
on Ways and Means of the lower house of the New
York Legislature, who expressed alarm at the in
he'ltance and Income taxes being absorbed by the
federal government. The expenses of the states,
with the public improvements which have become
r ,Acessarv by the extraordinary development of the
last quarter of a century, are increasing in geo
m* > tT"lc r^tlo.
When I was chairman of the Committee on Wars
«nd Means in th» lower house of the New York
T«etrlslflture. forty-six years ago. a tax lew of
*fiw«v> would have led to a noHtlcal revolution.
The tsx lew 'M« ve*r is aT7.aM.MIQ. nnrt It has In
rr*a»»d from $22. >'« v. .-•«. to B7AOIMMO within the last
decode. Tl'»re.w»s levied It the Rtate of New Tork
In 1907 hy direct tsiTM- N. city. village, county
•.n/i tI>MC-3*l 27 'i' tiv indirect tax, 132
S*>WT4<> Tn»V'ng a '"'«' of direct «nd Indirect taxes
of $213. »&2 <V»S 7« A direct tax 'or etst» r.urt.os*-s ha«
h*en abolished in onr state. The Bta*» government
is rarrie-1 ■•!) by Indirect farnflon. Thl= crime Tv»-
Ci>use of tb« "••« »wmw burdens of local taxation,
xmountlne to wti.sns.ean ? rear. Our indirect taxa
tion c Ties from t?T-s on rnrr.oratir.nw. <irfrsrlzp
f«r»n of r^.-i Hon« inhe-lf ancee. transfers of
■»o<-V. trsfflr 1" Honor. rnr.-f">p-^« «r>* racing SSSO
rlatkms. s»cror«llicr to the following table:
Tax on corporation* ■ IMM. M *4
Tax on organizations of corporations -"Siir. i-
Tax en inheritance . «-45?s2?aV
Ta, »n tran«f>r of Stack i'£S-5S -5!
Ta« on traffic in liqum- •2l"»as™
Tax on mortwifi *•*** -*" J*
Tax OB rarina Mullßtlim 21 -VMS 2ft
Total 13MM.70T.49
It is evident from this that, with the budget five
millions more than the amount raised from these
sources last year, the state must soon find other
sources of revenue. Several states have already
adopted an Income tax. No one would advocate
that there should fee double taxation by the gen
eral government and by the state*, for the burden
would be intolerable. It seems to me, therefore,
that it Is a fair claim on behalf of the a teg that
this direct contact with their citizens by inher
itance and income taxes should be left to their ad
ministration. , , „
My colleague. Senator Root, clearly and ably
answered the question the other day as to whether
the property owners bore a substantial part of the
burdens of the government by proving what they
pa d and its percentage in the country as a whole.
This New York tax levy. I think, Is ■ close and
up-to-date illustration of. the same point from our
own state. I know from personal experience with
th» estates for which I am counsel that real estate
located in the best parts of New York City cays
to-day double the taxes which it did eight years
aco and without any increase in rents. The effect
of this is that the «ncome from real estate in New
York is nearer 3 than 4 per cent.
The taxes on railroads in the State of New York
are first upon their real estate, at full value. In
the several towns, then a franchise tax, then a tax
upon capital stock, then a lax upon bonded debt,
gross earnings and dividends. In the case of the
New York railroads which pay dividends, this
amounts to over 15 per cent of their net income.
Of course, this is an assessment upon the income
of the stockholders to that amount.
We are all in receipt of letters and resolutions
of commercial bodies In reference to the creation
of a permanent tariff commission. A permanent
tariff commission, with a permanent lobby repre
senting the two thousand items in the tariff bill,
and backed by the Influence of the Senators and
members from the states where these particular
Industries are located, would keep alive what the
country most deprecates and most fears— a perpet-l
ual tariff disturbance. Pass BOOM law quickly and
adjourn, is what the country wants.
1 believe in the scheme outlined by our Committee
on Finance, of creating from the experts of the
government, who are familiar with every phase
of this question and in constant touch with, its ad
ministration, a body within the existing depart
ments which can inform the President. Congress
end the Secretary of the Treasury of the inequali
ties as they arise in the practical application of
tariff duties, so that without agitation, without
an eternal tariff war and a perpetual tariff lobby.
with all that mean? in the disturbance of busi
ness, effective and noiseless machinery would be
automatically solving problems as they arise. Such
a commission would meet the criticisms upon th*
ambiguity of the law and the mistakes in its ad
ministration, which were so ably presented in the
speech of the senior Senator from lowa.
Mr. President, the country wants speedy action
upon this subject. In all the phenomenal times or
prosperity of the past none of them equals the
present in its opportunities and its promise. ne
stocks Of the merchants are depleted, the store
houses of the manufacturers are empty, the sup
plies on hand have been used up. and no new pro
duction lias been undertaken, for fear of the re
sult of the action of this Congress. The lmoatient
horses httached to the car of progress and 09 "
perity are held in with difficulty, because of their
impatience to enter upon the Marathon race of
production and development. The fate of parties
in power depends upon the effect of their action
on the country. If. because of this bill, when per
fected, becoming a law we enter, as I believe
we will, upon another decade surpassing In Its
beneficent results that which began with the Dlmr
ley tariff, popularity will follow prosperity, and
the party can confidently rely upon the judgment
of the people.
Before the Senate resumed consideration of the
cutlery paragraph. Senator Owen offered an amend
ment which authorizes the .President to reduce
duties in all schedules, except those on tobacco,
agricultural products and spirit? 5 per cent a
year for ten year?. The reduction is not to bs
Made to a point below ?n equalization of tho dif
ference In the cost of production here and abroad,
nor is the President to make any reduction which
will result in loss at the revenue produced by any
The debate on the cutlery paragraph centra or.
Mr. Stone's amendment to restore the Dingley
rates on razors, the Finance Committee having rec
ommended a substantial increase over the present
law. Mr. Sione's amendment was offered after
the Senate had voted down an amendment offered
on Saturday by Mr. Simmons to -educe th- duty
on razors. Senators Alcrich. Lodge. SnWOt an.l
Hale defended the higher rates. Mr. Smoot pointed
out that twelve year? ago there were sixty-seven
firms manufacturing razors in the United States,
while to-day only five are in this business. we
cannot compete with Germany In this industry
he declared. "Nearly 87 per cent of the cost of
making a razor is labor, and the wages paid here
are nearly three times the wages paid in Gjrniwj
We are manufacturing less than 20 per cent of the
razors sold In this country, and unless this addi
tional protection is given our manufacturers they
must go out of business."
After declaring that an increase of 200 per cent in
the duty on razors would not increase their cost
to the American consumer Mr. Bmoot unfolded
several large bundle, and exhibited various styles
of German razors. He declared that the Importers
and the Jobbers are making such an exorbitant
™ont on foreign razors that there I. little market
for the American article. The Utah Senator ex
hibited a German razor which cost the importer
g) cents and is sold to the American consumer
°Mr.'Aldrlch sal.l that the undervaluation frauds
were more flagrant under the cutlery paragraph
than under almost any other paragraph of the
tariff bill. After pointing out that the unit of
value of imported razors is 10 cents, he asked:
"Has anybody ever seen a 10-cent razor?'
"The best razor I ever paw cost only £5 cents,
said Mr. McLaurin.
••When was that?" asked Mr Aldrlch.
"Oh. twenty-five or thirty years ago. 1 replied Mr.
McLAurin, amid laughter.
-•■ •i B-CCnt razor is the klnl the citizens of the
South of the political faith of the Senator from
Rhode Island most commonly use." said Mr. Bacon,
at which information Mr. AMrlCh expressed sur
Senator Hale made a general defence of the
higher rate and again referred to the threatened
German invasion of the American market. He said
the German Emperor not only means to dominate
the world In a military way, but in an industrial
way, and is looking With longing eye on this mar
Senator Bailey opposed the Increased duties on
razors and had several colloquies with their de
fenders on the Republican side.
The discussion converted Senator Beveridge, who
has been fighting for reduction*, to th« Increased
rates. He said he was willing to vote for the
Finance Committee's amendment, as he thought
the advocates of higher duties had mad" out a
perfect case and that this was one Instance where
revision upward was warranted.
lust before the Senate adjourned Mr. Bmoot, In
response to a question from Mr. Stone, moved over
to the Democratic side, at the same time taking a
razor from his pocket and deliberately opening it.
He walked up to Senator Stone, and then whirled
the razor in his hand as he explained how the
name of the foreign manufacturer was obliterated
from the blade.
Senator carter suggested that the Senator from
Mißsouri had been intimidated by the razor In the
hands of the Senator from Utah Mr. Smoot re
turned to his Mat and carefully replaced his razor
In its case.
Senator tm Kollette was paving the way for a
criticism of the committee's amendment when
adjournment was taken.
Finance Committee Considers Tariff Bill
Amendments at Night Session.
Washington May 17.— 1n preparation for * busy
week witli Hip tariff bill, th« Republican members
of the Committee on Finance met to-night and con
sidered a number of amendments. Non« of them
chained the K eneral score of the bill and most of
them related to phraseology.
Approved by Radicals from Middle
West, but Not by President.
; From Tbe Tribes* Buraau.]
Washington, May 17 -Representative Kendall, of
lowa introduced an injunction bill to-day which
has the approval Of the radicals from the Middle
West and Indicates the lines along which these
members wllj strive to have the injunction law
amended at tbe next session of Congress.
The Mil provide! I Junction or restraining
-hall be Issued in any dispute between em
ployera an.i employes itolees the defendants have,
been Informed In writing, and that no agreement or
action shall be termed a conspiracy unless the
sam- act committed by an individual woull be
considered « crime. It also provides -hat the de
fendants may have a Jury trial if they so desire
when charged with contempt of court, and that a
warrant shall be necessary to arrest the defendant
on such a charge. It also gives the'defendants
tim ,. ,n formulate their answer and allows them to
f,le a demurrer.
The bili was referred to the Judiciary Committee,
W her« it will probably sleep for all time. In the
receni campaign Mr. Taft expressed himself bo
forcibly against the proposition te make punish
ment for contempt of court dependent on a Jury
trial thHt there can be no doubt that he would veto
jt )f presented for his signature. Mr. Taft also
made dear h-.s disapproval of 'tie proposition that
agreements BOOM not he termed conspiracy unless
they were t<> perform acts which would be criminal
if performed by an Individual. Mr. Taft did advo
cate the proposition that no injunction issue with
out notice, but beyond that he declined to go. and
any legislation going further would doubtless meet
with Executive disapproval.
William S. Washburn Chosen to Succeed
James T. Williams, Jr.
(From The Tribune Bureau.]
Washington. May 17.— The President has chosen
William S. Washburn, of New York, for Civil Ser
vice Commissioner.^ In place of James T. Williams,
jr., who. although confirmed by the Senate only a
few days ago, has been compelled to resign because
of ill health. Mr. Williams suddenly discovered
that his health was in such condition as to compel
a protracted stay in New Mexico, and he handed his
resignation to the President and will leave here for
Fort Bayard in a few days.
Pr. Washburn. who Is a legal resident of Alpine.
K. T., has been chairman of the Philippine Civil
Service Commlxsion stnae IMS. In this place lie
won the favorable notice of the President. He is
now In Washington, and will assume his new duties
B , eson as his nomination has been confirmed by
the Senate.
Washington. May 17.— Sena,te to-day con
firmed the nominations of Oscar S. Straus, of New
York. eTx-Secretary of Commerce and Labor, to be
Ambassador to Turkey; William L. Rockhill. of the
District of Columbia, now Minister to China, to be
Ambassador to Russia; Charles Denby. of Indiana,
to be consul general at Vienna: Amos P. Wilder,
of Wisconsin, consul general at Shanghai, and
William A. ITiinieo. of Wisconsin, consul general at
Hong Kong.
The Present I/a: -ana Tohaete Crop is tke
Best in Ten Years
any kind, any
grade, any size,
any price — only
better— that's the
To see how good a
cigar a dime will buy,
and to try the new
tobacco — smoke the
Universal Sire
10c each $5.00 a box
Employers Sail They Hate Been
Running at a Loss.
A general shut down of the bakeries not only of
the East Side Boss Bakers' Association, but also
of some of the independents, as a result of the
present strike of the bakers against the open shop,
was decided on parly yesterday morning at the
labor bureau <>£ the association. No. 159 East
Houston street. The officers of the association said
that the East Side would have to face a Kosher
bread famine to-day. How long it will last will
depend on what happens within the next two days.
The meeting was attended by some of the inde
pendent bakers as well as members of the associa
tion, and the shut down is expected to affect four
hundred bakeries and to throw a large number out
of employment in addition to the' two thousand
now on strike. The shut down began yesterday
afternoon, the bakery of President Bock of the as
sociation, in East Houston street, being one of the
first to close.
According to the master bakers affected by the
strike, they have been running their bakeries at a
loss since the strike began, partly as a result of
the higher price of flour, and could stand It no
longer. They also said that the mischief caused by
the strikers and their sympathizers, who had no
fear of the law, madi the conditions intolerable
and forced some action of the kind they had taken.
Clerk Tried to Step from Car After
It Hod Started.
Jeremiah J. Mulhall. twenty-seven ears old, of
No. 83 East 65th street, employed as a clerk by his
uncle. M. J. Mulhall. a silk Jobber, with offices at
No. 8 West Mth street was crushed to death by
an elevator yesterday while on his way to his
uncle's office in tne building.
Th*> regular elevator operator bad b?en relieved
fr> m duty by Samuel Hnmlll. sixteen years old, of
No. MM Crotona avenue. The Bronx. Hamlll
stopped his car at the third floor and several per
son* alighted before Mulhnll noticed it was the
flcwir at which be wished to get out. Hamlll closed
the elevator gate, but Muli all tried to open It again
Just as the car started upward. His head was
caught between the landing of t>-.« third floor and
the floor of the elevator. - -
Mulhall died on the way to the New York Hos
pital. Ham:!! was arrests on a technical charge
of homicide.
Internal Revenue Officers at Terre Haute Re
stored to Original Status.
Washington, May 17. Secretary MacVeagh to-day
corrected what he believed to have been a. gross
political Injustice in the Terre Haute (Ind.) inter
nal revenue collection district. On January 1? sev
eral gangers were reduced to storekeeper gangers
and a number of storekeeper gangers were pro
moted to be gangers. The Civil Service Commission
made an Investigation and sustained charges that
the changes were mad* for political reasons. By
the Secretary's order to-day the following men are.
restored to their original status:
Storekeeper ganger* to l.c restored to ganger*— T.
C Williams, Louis Kalber, M. O'l<aughlin. Jacob
H. Bolton. Thomas Bledsoe, J. H. Manson and J.
K. Cassaday.
Gaugcrs to be reduced to storekeeper gaugers— R.
T. De Baun. John P. Shafwtalr, Morton Whelan.
M. T. Andrlck. Gilbert I-. Spear. H. A. Relnhard.
Mack Overpeck. Frank E. McKey. Robert H. Bo
hannan, Emory Seldomrldge. and Alfred Stewart.
The Civil Service Commission in its report quotes
from the testimony of Collector John R. Bonnell.
of the Terre Haute district, to the effect that most
of the seven Democrats who v.ere reduced were
much more efficient than several of the men ad
vanced to gauger, and that two of the Republi
cans who had been promoted had made more er
rors in the last two years than all the Democrats
who had been reduced. He Is also quoted as ad
mitting that !n making selections from the eligible
lists if there was one Republican among the three
persons certified he received the appointment.
President Asked to Aid Movement for More
Daylight Hours.
Washington, May 17.— "A delegation from Cincin
nati representing the National Dayllgnt Association
called on President Taft to-day and requested him
to take the initiative k in a movement directed agalrrst
the. clock. The plan is to begin the days work
two hours earlier in summer to give longer hours
for afternoon and evening recreation. It in proposed
that on the first of each May the clock shall be
turned back two hours, the readjusted time to re
main In effect until October 1, when, with the later
rising of the sun, the clock shall again be turned
forward to the present standard of time. It was ex
plained to the President that little progress could
be made in the direction desired by the. association
Without the support of the national government.
As railroad and mail schedules and national
banking hours would be Immediately affocted by the
Change, the President suggested to his callers that
they take, the matter up with Postmaster General
Hitchcock and Secretary MacVeagh. This they did.
Secretary Meyer is contemplating an order to the
clerks of his department to report for work at 'B
Instead of 9 a. m. and stop an hour earlier in the
afternoon. *
Dr. Darlington tnu Others Confer with Bureau
Washington, May IT.— With a view to obtaining a
more effective method of enumerating the popula
tion In the great congested areas in New York.
Chicago. Philadelphia and other large cities baa
the next census Is taken, a conference was held
to-day between officials of the census bureau and
representatives of charity organization societies in
the three cities mentioned.
The former desire to develop certain sociological
facts as the result of the next census, and they
expressed the belief that better results would be
obtained If a more uniform method were adopted.
The representatives of the social organizations in
dicated their willingness to co-operate with the.
census office.
Health Commissioner Darlington and representa
tives of the Tenement House Department, the, Fed
eration of Churches and Christian organisations of
New York and similar societies in Chicago and
Philadelphia war « present at the conference.
ORACTICALLY every weave is
* represented in our new stock
of Summer, Porch, Cottage and Bun
galow Rugs. There are Wiltons and
Axminsters in regular and extra large
sizes; Brussels; Imperials; Kalliston
Plain-color Rugs, colored circular and
price-list of these on request ; Chero
kee Plain-centre Rugs; Rag Carpet
Cottage Rugs in dainty colorings;
and five varieties of Porch Rugs.
Our latest addition is the new
Mohegan Wool Rug. The price of
the 9 ft. by 12 ft. size is $16. This is
wonderful value, as the rug is strongly
woven, well-finished and has a high
class and refined appearance, ft is
made in 30 colok and 26 sizes.
Free delivery within 100 miles.
Broadway & Nineteenth Street
HI Altmatt & Co-
3411? £tmt. 35Hj £tmt aid* silj Anrmxr. sfrm fork.
Mr. Hollingsxcorth Reads Southern
Comments on His Davis Resolution.
[From The Tribune Bureau.)
Washington, May Representative Hollings
worth. of Ohio, played a cruel joke on himself in
the House to-day when he rose to a question of per
sonal privilege and sent to the clerk's desk for read
ing a number of editorials which have recently ap
peared In th« Mississippi newspaper*. He is the
author of a resolution protesting against the accept
ance of a sliver service bearing a portrait of Jeffer
son Davis by the battleship Mississippi. The edi
torials contained a bitter and In parts a personal
attack on Mr. Hollingsworth. Some called him a
"pusillanimous cuss," others "an ass of the first
magnitude" and one a "political nonentity from
Ohio." "Contemptible little whelp" was hurled at
him from one of the leading state Journals, and
another insisted that he was "one of Sherman's
bums who robbM defenceless men and women."
The House enjoyed itself immensely, particularly
the Southern members. Finally, on a point of
order from Mr. Fitzgerald, of New York, who ob
jected to further "lumbering up the Record," the
Speaker ruled that Mr. Holllngsworth had not been
attacked in his capacity as a Representative, and
that his complaint did not constitute a question of
personal privilege. Mr. Holllngsworth endeavored
to contradict the editorials, but Mr. Harrison ob
jected. Mr. Holllngsworth then found himself in
•he strange position of having placed attacks on
himself In the Record without an opportunity M
answer them. This was enjoyed greatly by the
Southern members. The Ohioan asked Speaker Can
non what prompted Mr. Harrison to make the ob
jection. Mr. Cannon answered that he was not a
mind reader and could not tell. Mr. Harrison's
father was secretary to Jefferson Davis In the CMI
Representative Burleson obtained the passage of
a resolution requesting the Department of Justice
to Inform Congress as to what steps have been taken
to dissolve the merger of the Tennessee Coal and
Iron Company and the United States Steel Corpora
The Philippine tariff bill was considered and will
be voted on next Thursday. No substantial amend
ments were adopted, except on* by Mr. Payne, In
creasing the tax on beer.
"Congress can go to hen. We will report when
we get ready." This, said Mr. Clark, of Missouri,
was the alleged response given by the engineer
department of the army when asked for informa
tion regarding the result of the examination made
by the engineer officers Into the practicability and
desirability of constructing and maintaining a
navigable channel fourteen feet deep and of suit
able width from St. Louis to the mouth of the
Mississippi River. '
The subject was brought lip, when Mr. Bartholdt.
of Missouri, offered * resolution calling on th*.
Secretary of War for the report.
Mr. Alexander, of New York, the prospective
chairman of the Rivers and Harbors Committee,
insisted that no report had been submitted. That,
was denied by Mr. Bartholdt. who declared that
the report had been made three months ago. Mr
, la-k st this Juncture made the statement quote J.
The resolution failed through an objection by
Mr. Alexander.
Village Has Abandoned Ausable River on
Account of Pulp Mill Pollution. >
Plattsburg. N. V.. May 17.-The inhabitants
KeesevlUe have definitely abandoned the Ausable
River as a source of water supply, on account of
the pollution caused by the pulp mills refuse dis
charged into it further upstream, and are about
to provide themselves with drinking water from
an artesian well.
Bids will be opened this week for this undertak
ing and It Is hoped that a few months will see the
village supplied with water which may be drunk
without being previously subjected to boiling or
filtering This action is taken following the state
ment of Mr. Porter, state Health Commissioner,
that under the pubHc health law as.it stands^the
last Legislature having refused to amend It-he is
powerless to prevent pulp mill pollution unless It
places human life In Immediate danger.
Once there was no better water In the Adiron
dacks than that which flowed past the village and
through the Ausable Chasm. That was before the
pulp mills came. Now this river is dark and
turgid from the foreign matter which is poured
into It from the mills, and gives forth a noisome
odor. Repeated complaints on the part of riparian
owners for the last ten years have brought about
investigations by state authorities, and Governor
after Governor has admitted the seriousness of the
situation, but no relief ha» teen forthcoming
Tells of Relations nith Calhoun at
San Francisco Trial.
San Francisco. Mar 17.— Rudolph Sprecke!s, via
contributed $100,000 to the San Francisco graft prose
cution, was called to the witness -stand to-day ia
the bribery trial of President Patrick Cal&Otm of
the United Railroads. He gave a detailed account
of his reasons for opposing Mr. Calh->;ns plant tor
street railway development and of the manner la
■which he became a supporter of the prosecution.
Assistant District Attorney Hbi *• declared thai
he had summoned Mr. Spreckels as a witness for
the first time in any of th© bribery Mats, and that
he stood ready to meet any line of inquiry th« de
fence might choose.
"We hive been trying Mr Calhoun and no other.*
said Mr. Heney. "but from the time we began ths
selection of the jury the defence has endeavored
to 'try Rudolph Spreckels and James D. Pimlan at
the same time. You have Insinuated, times without
number that Mr. Spreckels was back of ttM prose
cution for a malicious purpose, for Mi persona:
gain and profit and In an <■" ■ t-> ga:a control of
the United Railroads. You made I di lama 9ure!y
you are not afraid to meet it. now that he is on ths
stand prepared to meet your questions."
Mr. Spreckels testified that he ffrs: came Into
conflict with the United Railroads in Mk when he
learned of a proposal to substitute the overhead
trolley for the cable on the Sutter street system.
As an owner of property on thai system's lines and
as a member of the Sutt-r Street Improvement
Club. Mr. Spreckels said he actively opposed the
change and that he had met Mr. Calhflffll three
times for a discussion.
"On ths occasion of our third Interview," sail
the- witness. "Mr. Calhoun said he would be willing
to withdraw the cable line from PS Uk MM
where my residence Is situated, ar.d substitute an
overhead trolley line on Broadway, hi the »aine
district. In reply I said that my fight was not
selfish and that I was Interested in behalf of tt«
people, and that I would not entertain the propo
sition." •
Mr Spreckela said he the.-, directed his lawyer t»
prepare articles of incorporation of a rival trass*
portation company in an effort to defeat SI over
head trolley.
President Taft Talks Plainly to
Mr. Gonzales.
Washington. May 17.-President Tan talked
plainly to-day to Pedro Gonzales. who caa» *****
Nicaragua as a special commissioner to settle t^«
Emery case, which nearly resulted in ■ rupture SI
relations between the two governments.
The President made it clear that mutual trust,
sincerity and regaid for Justice were the only t««
grounds of continued relations between the two
countries. . tt#
Mr. Gonz*le». who was introduced by Secretary
Knox. told the President that although Vcar.iS^
had the most perfect confidence in its legation it*
Washington, it haa sent him on this special nu
sion In order to show its desire to maintain a™
strengthen friendship with the United States . X
expressed the opinion that tbe difficulties connected
with the Emery case were not serious.
In his reply the. President said he understood
that the envoy had authority to settle the *««■•"
case, and added:
In performing the acts which constitute your ons
slon I need not assure you that you will w^
reived by this government with that .^""JLgS
kindly disposition which has always l "*"%-£?£
the attitude of the United States toward jnssra
gua. and which, coupled with mutual trust, ground
ltv and regard for Justice, is the only sore s™»
of continued relations. nur Presi-
While asking you to make knf*« S dIS*T eaWy.
dent the spirit in which I receive is 'Pf^j^,,,.
which indicates also the d sposltlon of tm^»^
ernment toward his able ministry «* t 7«l.
government of Nicaragua, I am . P^a-rj* J Cnlts4
come you. Mr. Minister, to the capital of the tm^
States and to express the hope that jour sou
journ may be agreeble. _»t!ier
Mr. Gonsales is authorized to settle the eas.^
by compromise or arbitration, and Bei*****?"* *
be begun promptly with the attorneys of the^m
ery company. Their claim runs into the^ -^J
which leads to the belief that recourse to axbi.w
tlon win be necessary.
Demurrers were fi.ed yesterday u *f %£
in tha United Stales District Court by t..e w **-
for the former employes'cf the \w£ud* ■
fining Company Indicted for attempts to dew ■ - »
government. The argument* will be oca«» .
time to be decided on by the Court.

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