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OPPOSED BY HUGHES FEDERAL IXCOME TAX Governor Thinks Congress Resolution Is Too Broad. IBj- T*l«SX*Ph to The Tribune.] Albany. Jan. 5. — Governor Hughes has started a lively controversy over the In come tax resolution by transmitting to the Legislature the proposed constitu tional amendment adopted by Congress with a .recommendation that it be rot ratified by the Legislature of this state. The Governor docs not oppose a federal Income tax. On the contrary, he ex pressly favors one; but maintains that the language of the resolution of Con gress is pc broad as to permit the tax ation of Incomes from state and munici pal bonds, and so interfere with the sale of th*»«> securities. The result of this message at present cannot be foretold. Many think it will prove as Important as the Governor's reto erf the 2-eent fare bill and will furnish *. legal argument for opponents of the income tax resolution proposed for consideration now In all the states. Legislators In both bowses listened with great interest to its reading, but most of them declined to comment on it be cause they have not had time to study the proposition. It seems probable that moot of the Democrats will support the federal resolution in any case. Many Republicans are against the in come tax on general principles. Speaker Wadsworth and Mr. Merritt, majority leader of the Assembly, both are under stood to be in this class. Senator Hin man paid he was rather in favor of the tax in general, but could not say what his position on the specific resolution would be. as he had not studied it. Sen ator Cobb raid he was against the tax on general lines, but he. too, had not studied the Governor's case, although he thought it would be likely to produce considerable opposition to the resolution of Congress, even among "advocates of the income tax. Senator Agnew took a somewhat similar stand. Senator Bayne. Democrat, said he con sidered himself bound by his party's re cent national platforms to vote for an Income tax, but had not had his 'day in -ourt" on this proposition, and didn't know what he should do with it. Sena tor Wagner. Democrat, of New York, said he favored an income tax, and be lieved the Governor was wrong in his contention regarding the taxation of in comes from state and municipal bonds. GOVERNOR'S SPECIAL MESSAGE. The Governor's message dealing with the income tax follows: To the Legislature. I have received from the Secretary of State of th« United States a certified copy of a resolution of Congress entitled "Joint Resolution Proposing an Amendment to the Constitution of the United States."' and in accordance with his request I submit it to your honorable body for such action as say be had thereon Tn« amendment proposed by this Joint resolution, adopted by two-thirds of both nouses of Congress, is as follows: "Article XVI. The Congress shall have pew«r to lay and collect taxes on incomes, from whatever source derived, without ap portionment among the several states and without regard to any census or enumera tion." The power to lay a tax upon incomes, without apportionment, was long supposed to be possessed by the federal government and has been repeatedly exercised. Such, taxes were laid and paid for the purpose of meeting the exigencies caused by the Civil War. In IBSS. in the case of Pollock agt. Farm era" Loan and Trust Company (158 U. 5., 801), the United States Supreme Court de cided that taxes on the rents or income of real eetat*- and taxes on personal prop erty or on the income of personal property are direct taxes, and hence under the Con stitution cannot lx; imposed without appor tionment among the several states accord ing to their respective populations. It as not the function of the court, and it did net attempt, to decide whether or not a federal income tax was desirable. It simply interpreted the Constitution accord ing to the judgment of the majority of its members, and left the question of the ad visability of conferring such a power upon the federal government to be determined is the constitutions! method. JUSTICE HARLAXB VIEWS. The limitations so placed upon the fed eral taxing power are thus described by Mr. Justice Harlan In his dissenting opin ion: 'Any attempt upon the part of Congress to apportion among the states), upon the baEls simply of their population, taxation ci personal property or of incomes would tend to arouse such indignation among the freemen of America that it would never be repeated. When, therefore, this court ad judges, as It does now adjudge, that Con gress cannot impose a duty or» tax upon personal property or upon income arising either from rents of real estate or from personal property, including invested per sonal property, bonds, Blocks and invest ments of all kinds, except by apportioning the sum to be so raised among the states faccording to population, it practically de cides that, without a.i amendment of the Constitution— two-thirds of both houses of Congress and three-fourths of the states concurring — property and ■• Incomes can never be made to contribute to the support of the national government. (Id.. pp. Cl, 2.) . . . "Incomes arising from trades, employ mtnts, callings and professions can be taxed, under the rule of uniformity or equality, by both the national government and the respective state governments, while incomes from property, bond*, stocks and investments, cannot, under the present de cision, be taxed by the national government -except under the Impracticable rule of ap portionment among the^states according to population. No sound reason for such a •iscrinmuuion has beer, or can be sur gested.' (la., p. ttO.j * I am in favor of conferring upon the federal government the power to lav and collect -n income tax without apportion ment among the states according to pop ulation. I believe that this power should be held by the federal government so a* properly to equip it with the means oX meeting national exigencies. But toe power to tax incomes should not be granted in euch terms as to subject to federal taxation the Incomes derived from tonic issued by the state itself, or those Issued by municipal governments organized under the state's authority. To place the borrowing capacity of the state and of its governmental agencies at the mercy of the federal taxing power would be an impair ment of the essential rights or the state which, as its ©facers, we are bound to defend. PROPOSAL TO AMEND CONSTITUTION. You axe called upon to deal with a specific proposal to amend the Constitu tion, and your action must necessarily be eetensined not by a genera.] consideration of the propriety of a just federal income tax. cr of giving to the federal govern ment the power to lay such a tax, 'but whether or not the particular proposal is of such a character as to warrant your itTtnt This proposal is that the federal govern ment ■hall have the power to lay and collect taxes on incomes "from whatever source derived." It is to he borne in mind that this is not a mere statute to be construed in the li j&t of constitutional restrictions, express or Implied, but a proposed amendment to th» Constitution Itself which,* if ratified will be in effect a grant to the federal wwjenunent of the power which it defines. The comprehensive words, "from what ever source derived," if taken in their r.&- -ra! sense, would Include not only mr ro * n «* from ordinary real or personal prop •«T. but also incomes derived from «tat» and municipal securities. i it may be urged that the amendment JojJd be limited by construction. But *£«« .Jf 0 be no satisfactory assurance of An - J ** worde in terms are all -inclusive. «? l ."2 l *2* ni «nt .to the Constitution "of the £$•»** ****• i« the most important of ?^!!i^L tcta> and •*•** should be no tSISiX 111 • x P *«<» in such terms as to Jtrt^li.M* °Pp°« unl for federal action i" SSKSt&ffi! *»*«•«•*• condition, L*? 1 *!? 01 Dow ref « r l ng to the advantage w.«ich the states might derive from the w tXTL'SrZ to tax inc °nies from prop erty . or to the argument thai for this reL £ n JfthiSS? 8 / *2 Vl* V h income, should be withheld from the federal government To that argument l do not assent LOWER RATES OF INTEREST PAID. I am referring to a proposal to authorize a tax which might be laid in fact upon Urn iMtrJSMStaJitles or it*tt government • Ir. order that a market may be provided for f u .* I bond ». and for municipal bonds and that thus means may be afforded for state and local administration, such ■ securities from time to time are exempted from taxa tion. In this way lower rates of interest are paid than otherwise would be possible To Permit such securities to be the subject of federal taxation Is to place such limita tions upon the borrowing power of the state as to make the performance of the functions of local government a matter of federal grace. This has been repeatedly recognized. In *£*„ case of The Collector a^t. Day Ul \\all, on p. 127). decided in ISTO, the United States Supreme Court uald: "It is admitted that there is no express provision in the Constitution that prohibits the general government 'from taxing the means ana Instrumentalities of the states, nor is there any prohibiting the states from taxing the means and instrumentalities of that government. In both cases the exemp tion rests upon necessary implication, and is upheld by the great law of self-preserva tion: as any government whose means are employed in conducting its operations, if subject to the control of another and dis tinct government, can exist only at the .mercy of that government, of what araii are these means if another power may tax them at discretion?" In the case of Pollock agt. Farmers' Loan & Trust Co. (167 I*. S.. on pp. 684-5). Chief Justice Fuller said, referring to the tax. upon incomes from municipal bonds, one of the matters there involved: "A municipal corporation is the repre sentative of the state and one of the In strumentalities of the state government. It was long ago determined that the prop erty and revenues of municipal corpora tions are not subjects of federal taxation. - . . But we think the same want of power to tax the property or revenues of the states or their Instrumentalities exists In relation to a tax on the Income from their securities." _ In the same case Mr. Justice Field said (Id., on p. COl): "These bonds and securities are a." im portant to the performance of the duties of the state as like bonds and securities of the United State.! are important to the per formance of their duties, and are as ex empt from tlve taxation of the United States as the former are exempt from the taxation of the states." And the learned Justice added quoting from United States agt. Railroad Com pany (17 Wai 1 , on pp. 822. 327) as follows: "The rl*ht of the states to administer their own affairs through their legislative, executive and judicial departments, in their own manner through their own agencies, is conceded by the uniform decisions of this court, and by the practice of the federal government from Tt-s organization. This carries with it an exemption of those agen cies and instruments from the taxing power of the federal government. If they may be taxed lightly, they may be taxed heavily: If justly, oppressively. Their operation may be impeded and may be destroyed ii any Interference is permitted. Ki-nce, the be ginning of such taxation <s not allowed on the one side, Is not claimed on the other." MUNICIPAL BONDS EXCLUDED. While the justices of the court in the Pollock case differed In opinion upon cne question whether a tax upon incon.e from property was a direct tax and as such could not be laid without apporti^nmtnt, they were unanimous in their conclusion that no federal tax could be laid upon the income from municipal bonds. Mr. Justice White, v.ho dissented In the Pollock case with regard to other question, as to this said (U. S., on p. 652): 'The authorities cited In the opinion are decisive of this question. They are rele vant to one case and not to the other, because. In the one case, there is full power in the federal government to tax, the only controversy being whether the tax imposed is direct or indirect; while in the other there Is no power whatever in the federal • government, and. therefore, the levy, whether direct or indirect, is beyond the taxing power." It is certainly significant that the words, "from whatever source derived." have been introduced into the proposed amend ment as if it were the intention to make it impossible for the claim to be urged that the income from any property, even though it consist of the bonds of the state or of a municipality organized by it, will be removed from the reach of the taxing: power -of the federal government. The immunity from federal taxation that, the state and its instrumentalities of government now enjoy is derived not from any express provision of the federal Con stitution, but from what has been deemed to be necessary implication. Who can Bay that any such implication with respect to the proposed tax will survive the adoption of this explicit and comprehensive amend ment? We cannot suppose that Conarress will not seek to tax incomes derived from securities issued by the state and its municipalities. It has repeatedly en deavored to lay such taxes and its efforts have been defeated only by implied con stitutional restriction which this amend ment threatens to destroy. While we may desire that the federal government may be equipped with all necessary national powers in order that It may perform Its national function, we must be equally solicitous to secure the essential bases of state goverrment. I therefore deem it my duty, as Governor of the state, to recommend that this pro posed amendment should not be ratified. CHARLES E. HUGHES. Albany. Jan. 5. 1910. OPPOSED TO INCOME TAX. New Jersey Legislature Expected to Vote Against Amendment. [By Telegraph to The Tribune. 7 Trenton. N. J., Jan. s.— There is a strong probability that if the amendment to the federal Constitution providing for the im position of an income tax comes before the Legislature, which meeta on Tuesday, it will be overwhelmingly defeated. Nearly all of the Republican leaders ln the state, including the two United States Senators, are said to be strongly opposed to the tax, on the ground, they assert. that the greater part of the impost would have to be paid by the four states of New York. New Jersey, Ohio and Mas sachusetts. It is not known whether or not Governor Fort will touch on the income tax in his annual message on Tuesday. TIGHT IN TEMPERANCE RANKS. Prohibitionists' Attitude Too Radical. 0. R. Miller Believes. [ By Te>g'raph to The T'ibun^. ] Albany. Jan. s— lt looks as though the temperance reformers, who all these years have been conducting the fight against the old order of things ln close harmony, are to have a neht amonc themselves. Temper ance and prohibition organizations of th© state are arranging to hold a meeting here next Wednesday to consider excise legisla tion. But from the attitude taken by O. R. Miller, secretary of the International Reform Association, who appeared at the Capitol to-day, there will probably be little agreement. He is particularly incensed against the Prohibitionists and their state chairman. C. E. Pitts. Mr Miller is of the opinion that the posi tion taken by the Prohibitionists ln asking for the abolishing of intoxicating drinks altogether is too radical. He Intimated that there would be some unpleasant things said about Mr. Pitts and th* Prohibitionists at the rm-^tlns: next Wednenday, it being be lieved, he said, that the Prohibitionist!) were accomplishing nothing in the cause of tem perance because they were trying to go too far. ffiiifefiock. A Health-Guarantee to be Found in No Other Water, Because: I— The ONLY Water put up in STERILIZED bottles; 2— The ONLY Water— Domestic or Foreign —which is NEVER put in a bottle that has been used before. "The World's Best Table Water" MEW-TOES DAILY TRIBUNE, THURSDAY, JANUARY 6, 1910. PEACE AT ALBANY LEGISLATURE OPEXS. Organization of Both Houses Effected Quietly. fßy Te/»«raph to The Tribune. 1 Albany, Jan. 5. — Organization of .both houses of the Legislature was effected to day in quiet fashion which seemed a dis tinct anti-climax to the torrid talk about revolt and battle which has hung about the hotel lobbies and Capitol corridors for a couple of day?. Senator Jotham P. Allds, of Chenung-o County, wns elected temporary president of the Senate by a vote of 34 to 6, the Democrats voting for him, after a purely perfunctory contest had been made in which Senntor Hinman received 7 votes to Allds's 24. Ray B. Smith was elected clerk of the Assembly by a vote of 88 to 3 for James A. Francis. Seemingly there exists no feeling of rancor among the Republicans of either side in the leadership controversy. After his election Senator Allds made a brief speech expressing a desire for a united Re publican body in the Senate. Senators Tinman. Rose and Agncw and others of the "Hinman Senators" have expressed to Sen ator Allds and numerous other Republicans a desire to work in harmony with the new leader. When the Senate convened this morning Senator Allds's name was presented for temporary President by Senator Davis, of Buffalo. Senator Brackett. in a substitute resolution, named Senator Hinman. The vote on this substitute was 24 to 7. Senator Hinman not voting. On the final rollca.ll the Democrats voted, according to Senator Grady, with the member "favored by the majority of the majority." Those who voted for Allds were Senators Allen, Alt. Brough. Burlingame, Coats, Cobb, Davis, Emerson, Gledhill, Orattan, Hamilton. Heacock, Hewitt, Hill. Holden, Hobbs, Kissel, Mackenzie, Meade, Platt. Schlosser, Travis, Watnwrlght, Witter, Re publicans, and Dayne, Caffrey, Cronln, Cul len. Gardner. Grady, Harden, Ramsperger, T. D. Sullivan and Wagner, Democrats. Hlnman's supporters were Senators Ag new, Conger, Cordts, Davenport, Newcomb and Rose, Republicans. Senators Allds, Hinman and Brackett were not recorded. SPEECH BY SENATOR ALLDS. In a brief speech Senator Allds thanked the members for this honor, saying that he recognized the right of each man to his convictions on a given subject. "This comes wlt#a burden to any man— to pick up that which the mighty man was compelled to lay down," he continued. "I think I enter upon the discharge of the duties of thiß position wtth a keen apprecia tion of the responsibility that Is involved, and I want to say to the entire majority that from this time they will find that I will endeavor to lead wisely and well as far as it is given to me so to do. I trust that there will be between us and our Re publican friends on the other side no lines of cleavage; nor would I have accepted the nomination to this position if I had not seen that among the majority the decision was being made not along any possible line of cleavage that may have existed in our own councils in the past." The death of Senators Raines, McCarren and O'Neil cast a gloom over the opening of the Senate. Lieutenant Governor White paid tribute to the departed members, as did Senator Allds in offering a resolution that adjournment to next Wednesday night be taken in respect to their memories. In contrast to the gay floral display on the desks of most members were the simple wreaths placed on those of Senators Raines and McCarren. Senator Coates, Mr. O'N'eil's successor, occupied his seat to day. THE ASSEMBLY SESSION. The Assembly organized by electing the officers who were chosen at the Republican caucus last night. Nearly every member was in his seat at noon, and the routine business of the first session was carried out without a hitch. Not even a ripple of excitement was caused by Assemblyman Bennnett, when the vote was taken for clerk. Mr. Bennett voted for James A. Francis when his name waa called. As semblymen Frederick A. Higgins and Lindon Bateß Jr., also voted for Mr. Fran cis. All the other Republicans, including the Speaker, voted for Smiih. Peter Acrl telli, the candidate of the Democratic cau cus, received fifty-three votes. John T. Roberts, who waa elected on an Indepen dent Republican-Democratc ticket, defeat ing ex-Assemblyman Hammond, of On ondaga County, refrained from voting. James W. Wadsworth, ji., of Livingston, was re-elected Speaker, all the Republicans voting for him. The Democrats supported Daniel D. Frlsbie. of Schoharie County. In his speech thanking the members for the honor conferred on him. Speaker Wads worth said, in part: We are charged not only with the duty <JI voicing tiie known crystallized senti ments ol our constituents, Lut also of thinking and deciding for ourselves to the best of our ability. The aJOßurdly amall vote cast throughout th* mate on tnc constitutional amendments and the referendum submitted to the peo ple at the recent election indicates v*»ry clearly that it Is next to Impossible for the people to become sufficiently acquainted with the details of legislation to enable them to pass upon matters of tnia sort wi^h intelligent discrimination. And it proves once more, if Indeed any additional proof were -necessary, that it is essential that the people at large delegate their legis lating power, including the consideration of essential details iind governmental poli cies as expressed in legislation, to a rep resentative and thoroughly responsible body of men, and that in the long run the peo ple must trust their Legislature to do this work for them. CITIZENS UNION TO OPPOSE BILL Measure Said to Provide for Massa chusetts Ballot Without Its Advantages [By T^leg-raph to The Tribune] Albany. Jan. s.— Assemblyman Ward, who, at the last two sessions of the Leg islature, fathered the legislation of Her bert Persons, to-day introduced a Massa chusetts ballot bill with the advantage of the Massachusetts ballot left out, accord ing to the advocates of that plan. The bill amends the election law by providing that on the election hallutb the names of candid.-ite.s of the several parties shall be printed in columns under the designation of the respective offices in alphabetical order and shall appear only once. This part of the bill is favored by the Massa chusetts ballot advocates, but they object to a section providing that »he party em blems shall be printed to the left of the first column, so that electors, by putting a cross in a circle surrounding a party emblem, ran vote a stTalgnt ticket. It Is contended that the advantage of tht> Massachusetts balloi. 'n encouraging the electors to vote for the l> >Bt men, will be done away with by this provision. This proposition has been discußsed by the Citizens -Union, and Ivs secretary. J. O. Hammitt. announced to-night that the union, an well as other advocates of the Massachusetts plan, would oppose the bill. TO HELP GOVERXOR. Short Ballot Organization Will Take Up Hughes Reforms. Following the Governor's advocacy of an appointive state cabinet to take the place of the present state elective officers, an nouncement was made last night of the preliminary organiation, to be known as "The Short Ballot Organization." which has for its chief object the furthering of meas ures looking toward a reduced ballot. Woodrow Wilson, president of Princeton University, is named as president of the new organization, and Richard S. Childs i« secretary. Its Hat of vice-presidents in cludes the names of Winston Churchill, of New Hampshire, and Horace E. Deming, of this city. The advisory board includes Lawrence F. Abbott, Henry Jones Ford. Norman Hapgood and Professor F. J. Goodnow, of Columbia University. The prospectus sets forth that the great power of machine politicians rests on the fact that an unwieldy ballot makes it Im possible for a voter to choose candidates upon their merits, except in the case of importani positions which lead the ticket, and as the "short ballot principle" they advocate, first, that only those offices should be elective which are important enough to attract and deserve public ex amination, and. second, that very few of fices should be filled by election at one time, so as to permit adequate and unconfused public examination of the candidates. The short ballot, they say. will concen trate the attention of the voters sharply upon the candidates named, and laler, dur ing their terms of office, the small number of elective officers would enable the pub lic to place a concentration of responsi bility upon them, which under the present system is so divided and scattered among hundreds of elective officers as to nullify its effect. APPROPRIATION BILL IN. Calls for About $23,750,000, an Increase Over Last Year. Albany. Jan. s— The annual appropriation bill, which ordinarily does not reach the Legislature until the session is w,ell under way, was introduced in the Assembly to day. The bill calls for appropriations amount ing to about $23,750,000, an increase over last year's bill of about $2,355,000. The constitu tional amendment increasing the salaries of Supreme Court justices adds about $390,000 to the state's expenses and the gen era! growth of state departments accounts for the increase. In the prisons and lunacy departments the Increased prices of foods and supplies generally are an important factor. MUCH TIMBER GOING TO WASTE. Enough to Supply State with Wood for Years, Says Whipple. Albany, Jan. 6- — That there ia sufficient timber lying on the ground and going to waste in the Adirondacks to supply New York State with wood for years ia pointed out by Commissioner Whipple of the For est, Fish and Game Department in his an nual report to the Legislature to-day. He advocates a constitutional amendment giv ing the state the right to build roads through the forest preserve, to use the great water power annually lost, to permit the leasing of camps sites and to remove down timber, thus bettering conditions as to fire protection. The Commissioner aiso recommends the acquisition of a million acres of land ln the Adirondack preserve and four hundred thousand acres in the Catskills; that the law permitting the shooting of buck deer until November 15 be repealed, and that land dedicated to tree growing and planted witii trees be relieved from Increased taxation for thirty years. HARMCN PLANS LONG FLIGHT. Will Attempt Balloon Trip from New Mexico to Atlantic. Los Angeles, Jan. a.— Clifford B. Harmon, of New York, announced to-day that if he could obtain a proper gaa supply at Albu querque. N. M., he would make that place his starting point for a trip in his bal loon, the New in an attempt to break the world's distance record, reaching the Atlantic Coasr # if possible. His reason for not starting from Los Angeles is that he fears he would meet adverse w v inds. From Albuquerque the prevailing winds would bear his balloon eastward. Declaring that he knew nothing of an in junction issued against him at Buffalo, Glenn H. Curtiss arrfVed to-day and an nounced that he would enter as many of the events at the aviation meet next week as possible. O'Neill-Adams 6 (Established 42 Years) TO-DAY'S NEWS *B <ig Reduction Sale of Women's Fall and Winter Suits to Effect an Early Clearing. • Both Buildings. Were $19.75 to $29.75 Reduced to $12.75, $15 and $19.50 In all the latest modeis and fabrics. Also Skirts in a special pleated model, made of various materials, at $3,95. Besides these Large reductions have been made in Reception Gowns, Dinner Gowns and Walking Dresses. We Qivc and Redeem Surety Stamps 2 o s ,i,t£s, ONOLL-,\DAMS<9 *o*t£r st F.A\fIEI«ZE PLEADS READY FOR STRUGGLE Determined to Contest Mer cantile Bank Charges. Fritz Augustus Helnie is back from Montana ready to engage ln what appears to be another long tussle with the courts over the matter of his management of the Mercantile Natlona. Bank. He looked de termined rather than defiant when he entered the United States Circuit Court yesterday morning with his brother, Arthur P. Heinze, ready to plead not guilty *• the indictments that had been returned against him for misapplication of the funds of the bank and tor conspiracy to obstruct justice by taking out of the federal crand jury's reach records that were considered essen tial to its investigation. Arthur Heinze. who came on from the West wtth his brother, was there because he, too. had been Indicted on the con spiracy charge, as had been Carlos War field, first vice-president of the Ohio Copper Company, a Heinze concern. Calvin O. Geer, a clerk of H^lnze's United Copper Company, and Sanford Robinson, who was once counsel for the company, were also Indicted. As In the case of the Heinzes and Warfield. pleas of not guilty were entered for them by their counsel. John C. Tomllnson and Stephen Brooks Rosenthal appeared for F. A. Heinze. William Rand. Jr.. for Arthur P. Heinse. John B. Stanchfleld for Warfleld and Geer and Joseph P. Cotton, Jr., for Robinson. Mr. Tomlinson apparently had been desig nated to lead the legal forces in the Urat skirmißh with United States District At torney Wise and his aida. He soon showefl that Heinze wa.« going to make a fight. Th»» Intentions of Heinze were disclosed when Mr. Tomllnson and Mr. Wise arrived at their first difference of opinion in the proceedlngs. It came when Heinze's lawyer asked for a delay of two weeks to prepare a motion to quash the indictments. That brought Mr. Wise to his fe& with the declaration that the defendant's lawyers had had plenty of time to define their course, for they had been informed almost a month ago, he said, of the nature of the indictments, which were returned by the grand jury on October 12. "Well, we've decided what we want to do," replied Mr. Tomlinson. with spirit. "We have our demurreT here now and a motion to quash, but new facts not shown in this indictment have come to our at tention within the last few days, and these may eive ground for a further motion to quash." Mr. Tomlinson wanted at least ten days, but Judge Hough ordered the immediate filing of the demurrer, and set January 13 as th» day for tha hearing of the motion to qua«li. He4nze's lawyers made it plain that they would have something to say about things that took pla?e and statements that were made in the grand jury room while It was considering the Heinze matter that do not appear on the record. The nature of the information on which they are baaing their moticn to quash the indictment they refused to divulge, but It was intimated pretty plainly that Heinze was ready to retaliate in the investigating line if pushed to it. The indictment against Heinze supersedes one of sixteen counts, demurrers to fifteen of w.ilch were sustained by Judge Hough in September. There are eighteen counts In the new indictment. The former indict ment was based on sixteen transactions, but in the new one eight of these have been dropped and two new ones added. The addition of these two seems to have caused seme surprise to Heinze, for his lawyers — Levy, Rosenthal & Heermance — issued a statement last night, saying that they were based on loans antecedent to the others. The data on them, they say. were at all times at the disposal of the United States attorney. The total amounts of the funds of the bank which Hetnze is accused of having taken and used for improper purposes reaches $1.45. ,000. Of this amount 1751,000 is said to have been handed over to Otto Heinze & Co. to help the scheme of thfc Heinzes to boom the price of United Cop per. In one of the two new counts it is alleged that $300,000 was used in discounting a note of Primrose & Braun; in the other Heinze is charged with making a loan of $500,000 to himself to be used in furthering the movement to boost the prices of United Copper. Heinze's lawyers say that eight of the trbnsactions which form the basis of the indictment rest primarily on the alleged Insolvency of Otto Heinze & Co. prior to the panic of October, 1907. This seems strange to them, they say, in view of the fact that it was recently declared by the court that the firm of Otto Heinze & Co. was in a solvent condition on and before October 14, 1907. Heinze'a lawyers, in their statement last night, said there were incomprehensible misstatements of fact as to the various loans made to Otto Heinze & Co "THE BALTIMORE WORLD" SOLD. Baltimore. Jan. j.— "The World." an af ternoon newspaper, was sold at auction, following a receivership, this afternoon for $67,500. The nominal purchaser was WU helm L'Allemand. but he acknowledged that he ha>l not bought on his own account. Charles H. Grasty, formerly of "The Even- Ing News," would neither confirm nor deny a rumor that he was the buyer, but said that he would issue a statement in a few days. SEW SESATE BILLS. Agnew Puts in One Against Publishing Betting Odds. By Telegraph to Th« Tribune. 1 Albany. Jan. 3.— Twenty-seven bills were Introduced In the Senate to-day. Many of them were measures which had done ser vice before. Senator Agnew put In the hill making it a penal offence to advertise cr publish betting odds. While Senator Agnew mould make no statement on the subject. it is expected that he will handle the legislation to prevent oral betting rec ommended In the Governor's message. Senator Hill, of Buffalo, has again cham pioned the cause of the suffragist* by. intro ducing the concurrent resolution ' to amend the constitution by taking out the word ' male." . * Senator Grady introduced a concurrent resolution prohibiting the "purchase or sale of stocks or bonds on margin. Other bills were introduced by: Senator Trails, appropriating $100,000 for the construction of the Long Island State Hospital In Flatbush, Brooklyn. Senator Burlin^ime. reducing the price of ga> in the 30th and V.st wards of Brooklyn to 80 cents a thousand fe?t. On account of being sparsely settled these wards were excepted in the JO-cent gas law. Senator Kissel, amending the primary election law. by providing among otti«sr things for monthly meetings of political committees, to be held at public expense. Senator Ki3sel, providing for the distri bution In polling places on registration day of printed copies of proposed constitutional amendments, showing the new matter in italics and the matter eliminated in' brack ets. > Senator Kissel, making it unlawful to sell a commodity in general use cheaper la one 'section than in another. FOR DES MOIXES PL AX Daws Bill Would Provide It for Buffalo. [By Telegraph to The Tribune. 1 Albany. Jan. 5.— A bill introduced by Sen ator Davis to-day to revise the charter of Buffalo makes the first provision for a city in this state of the Dcs Molnes commission scheme of municipal government. The question of adopting this plan was submit ted to the people of the city at the last election, and the plan was sanctioned by a considerable vote. It provides that all can didates for elective municipal office except judge of the City Court are to be nomi nated by petition. In voting for such offices electors have an opportunity to express first, second and third choices. The second and third choice votes are to be counted In case any candidate for a given office has more than half the total number of votes as first choice, and the usua! method of counting second and third choice ballots, such as is in force in various Western states, is provided. The charter provides for five executive •lepartments— public affairs, accounts and finances, public safety, streets and public improvements, parks and public property. All executive. legislative and Judicial pow ers of the city government are vested in a council consisting of the Mayor and four councilmen. The revised charter is to go into effect after it has been approved by the electors in a referendum. The Drawing-Room And Its Furniture. HPHE DRAWING-ROOM, or • 'Withdrawing Room" 1 as it used to be called — the room to which guests withdrew after a meal — calls for a touch of formality and display in its furnishing. Seen so often under its gala aspect when the "lamps shine o'er fair women and brave men" it should offer appropriate setting for the gleam of jewels and the "frou frou" of silk and lace. Such a setting is to be found in the furniture of the French epochs, in the magnificence of Louis XIV. and the Regency, the gayer graces of Louis XV., or the classic elegancies of his successor. "Period" furniture of this character, absolutely correct as to design and of a rare per fection of technical execution, occupies one of our twelve galleries devoted to the display of Furniture of Integrity and Distinction. The Grand Rapids Furniture Company (Incorporated) 34 and 36 West 32nd Street Between Fifth Avenue and Broadway, New York. CHINAMEN OS TRIAL FOR BOW KUM MURDER Chin Lin, Girl's Companion, Unshaken on Stand. The state brought forward a list of slaat eyed witnesses, and th« defence a who* sheaf of evilly brilliant weapons, yester day. in the first day of th* trial of Low Tang and Low Shajig in th« Criminal Branch of the Supreme Court. Neither witnesses nor knives told much about who really killed Bow Kum.th* Chln«a« girl wao was found stabbed to death in the r«ar of No. 17 Mot? street In the early morning of August 15. 1309. Chin Lin. who brought the girt from San Francisco and lived with her here, support ed an hour's cross-examination with almost Oriental politeness, and replied to the point blank demand. "Did you kill Bow Kna with this knife?" with a patient ."N'o." The defence centred its attack upon CMs) Lin, bringing out from Patrolmen Paul and Stevenson that he had given the first alarm of the murder and that a later examination had shown blood on his hands. Annie Ste vens. janltress of No. 17 Mott street, was an Incidental witness, and detectives testi fled that Chin Lin gave the Information which caused the arrest of the defendants. The fighting tongs entered the trial in the person of Lee Chine Kong, who wore the Chinese dress and testified that he was now president of the On Leong Tons. He told the story which the prosecution maintains to be the true one— that Low Tang, one of the defendants, came to him prior to the murder and demanded money from th« tong as reprisal for the injury Chin Lin had done in stealing Bow Kom. After the. crime Lee Chin* Kong bad talked with Tom Lee, the "Mayor" of Chinatown. Lee had said. "We'll get Chin Lin oat of this. but I wont be a party to putting the crime on anybody else." Ung Song could only say that he we* a partner of Low Shang In a laundry la Brooklyn, and that on the ni«ht of the murder the latter had left the shop at » o'clock and had not come back till tha next day. Then Chin Lin. wearing American clothes and at times dispensing with the inter preter who had aided the other witnesses, told his story, retold It, told it a third time. and went into particulars as to what ver sion he had told the police and what tae Coroner' Jury, without falling Into any un expected pitfalls. He met Bow Kum in San Francisco, in Mexican Alley. While he was out of the city she had been taken over by a mission. He told Mrs. Cameron, th* matron, that he had a wife in China, and so could not marry Dow Kurn* "according to the American custom." Accordingly, he married her according to the Chinese cus tom, in the mission, with Mrs. Cameron as a witness. — Coming to New York, he locked for work unsuccessfully, joined the On Leone Tong. brought on Bow Kum and lived wtth her. Three weeks before the murder the two defendants came and demanded $3.Mb for the girl, which he refused. They threat ened to kill him and Bow Kum. he said. The night of the murder he waa at No. 3 Mott street with "hia brethren" till 3 o clock in the morning. Going to the room. he found Bow Kum lying prone and bleedy. a knife still in the wound. He raised her hands, and then fled to give warning. 8