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VOTE 10 REPORT PRIM Bill Judiciary Committee of the Senate Is True to Its Agreement. PHILLIPS MEASURE CHANGED Machine's Proposition Brought Nearer to Governors Plan-Dis agreement Among Anti-y Hughes Men. aj] T«l«prsph tr> Tin* Tribunal Albany. May ?.— According to Bgr«>*m«-nt. «i-e ajeaaVH Judiciary Committee to-night •> oT*r) to report for tli«> consideration of the. ST.ste the Hinmaji-%f*r direct primary bul. favored by Governor Hughes, the Re ■pjMicsn machine's primary Ml and th* Fo-can<~d direct primary measure of the pemorratio league. These measures will tn nn tho cjeacral ovdere calendar, far.down in th* list. Thus tare Governor's primary reform r'opoMtiOTi in both, house? has been started on •• •«■«> to thai fair, square vote which V«> b»'.i>A-es It thi** only thin*: which will ••■atisfy the people of the state on this issue. Apparently actlori T»iii }■*> taken in the As-, ♦"inbly ■•-•. »« •aaiiy n«~xt week the thrco primary bills will come up there "for dis r':rfi"n. Mr. Phinipss bflV t»r*d by the R»>pub ]i'-n:i machine,, vaj reported by rial As- I'tnHy Judiciary Committee to-day for Kmendmect sad rrcomm:tt<d. The amend b'cnt* made considers bl»- improvement in :)•<■ measure. They substituted for th* form of primary ballot provided for in the r-irinal bill a much stapler and better ►- !i«-m«>. Thr> noT nfßcial baHat provides r party PaKaaajn for'tn<» delesates to th** ■v -.rjo'j? conventions. Tnese det^gates. ati .' •• h iiph- vtsloai of the bill, may be r'simat«»d •-■ •!'. party committ*»*>«. much :■ th<^ fashion V»f oamssftt«e designations in Th«- Gov*>rno?"s primary schema. Any 'lament in ile party or»no>^d to the ma ,-hinc delegates may havr il>l>g.ai»i for arty 91 all convention^ plao"d on th<> ballot in m^'hrr column •on petition of 2 per c«"nt »t !h«^ party voters. "Th* "rf-gular" Udwi ->v th*- "opposition" tirk<"t may be voted ■■•■trtdgM" by a cross in a circlr at the top Of the list. Election Day Ballot Followed. Thus far th«> <'fn< lal priir.ary ballot M k>ws t!u srh^ino <■>:" tli«? regular Election D«y ballot. Fut fv>r th*> election of state i "7umitt*>eman «n«3 county ronimittrrman nrJ-'s'* 1 w in New York 'if. the executive rr-mbor or Assembly Disfrii't leader an rmircly difT«rent .trbrm* has been devised. Srrarat*-d from tlio ■ ■■'-. ballot by bea^-y lluu mri\l be places for (be candi .-istes for th«>sp party ■ me. These can '"'dat^s' names will >-•<• arranged, in the nrtler of fiiing. acraai the ballot: first, the f rsra nization Da ■:'■'..•'- for «tatc lOMlUllt "'■oman: n*-\t. th*> first candidate'^ name ' '•"<■] by petition: n^xt the nam*- Of the per rn«i oppoFition candidate, and so on. tii*> Maw schejne will be foito* ed for country Timniueeman or executive m"mb<-r in ■ •--■ York. Th« voter will have to us^ what amounts to the Massachusetts &>■<»- I'm for thos^ two offices, marking nts < boic for each with h ere i Thi* pebetae is beli«v«>d by |t* aaasuasra, ■;. — -■• JeFse Phillips. Ray Smith. « ]«=rV of 'V ( Assembly: Speaker Wads wwth and one cr two others to embody all th*t Gor>ernor Hugh*»= is striving for m principle. It offers, !h»' fay. the oppor tunity for thr saaua to make party or tanizat.iori truly arid «xart]y r*-pres*>nta tlt«, ir 1 that •-«=- ha\e a nance directly -.-> ,-cr, ,i- two l«ad rF. tbe state oommittee r»-^n and th*» ry>unty or assembly district hjse from - list which may b«- made to •'rT»t»nt erery shad*' of pontimrnt in the V^rty. another point of mufti llllp«»l IBHOf Is <arrj*.d in the amended bill This is th» PTODorition that a riire. t primary rosy b° "brained in eny political unit oa vot« of the party organization in that unit. Thus. F«y th? supporters of this r^a^ur*>: all Jhat will b«= necessary for t'# ■voters in sny district to do will be to eject for their Mat* committeerr.an and county oommit ""•nian tp.*yi known to favor the direct rnnmry. ■' the-.- -want, that system of maK in* nomination!*. Have Net Wiprd Out Converge". ■' c think in th» bill «-- amended we have provided for every improvement In rnncipie sou?ht by Governor Hughes." said Mi Fhlllipp to-night. "We have riot wiped *>•;» the convention, be can •«•«■ don't be ■ i"« It ought to be wiped out. but we have >ft a way so it can be abolished la any r;r"trict any than th»; party voters in that r:'?tri<"t want to take that step." Presentation of this report brought m a trief, though sharp debate. Mr. Bennett, i f Sew York, -wanted to know why the roTumlttee was making amendments at thai ">»te date, when it bad had the bin for two month*. Hr Ward wanted to debate the i DBsents on one or two points, but i nally the report was adopted, with only ■ '< Bafaeatfaaj: votes. r:ire.,t primary advocates agree that this sni bill si the machine come? rmii:!i Bearer •o the Governor' 6 recommendation than the • ioaa edition o* the machine's ideas. The Senate, if It follows Senator Cobb In *.;r porting his "compromise," will enact a Mil providing for a direct primary, some • ase, Dor Senators and Assemblymen. That • oi'.rse would array the. two house? against ' . cii other, and there i? no great amount of '. «ye losi bcrween ti.em now. The direct ;-.-.mary people say that .he most encour- BraQi mri they have seen Is the way the ©}<:>oneijt6 of the Governor's bill fail to »*:ree among Ui«Tnsolv**. rp. DIARY MEASURE ADVANCED Direct Nominations Long Seep Nearer in Massachusetts. Boetor., '■'.* !>.— a long step toward di ' .: nominations was taken by thfi Senate aa-aaq ha parsing •■■■ a third reading the \f.) -which ina&«s dais provision for mem »<•*« of th« Leelslature, provided it is ac <»pt«2 by the saaaanj at the next election. S Agitation for direct nominations of po ; !lcnl candidate, lias b*-en in progress for t-ome > •*!« and within the last ten years • *ik bfen mad*> as apply to Ecjiate and ] .'ousts of Representative candidates la Ba>v to*i ■sal si 'rai aHaer districts. • *f The bill, which the Senate ecfd on to <'*y by a vote of ■ to 10, \\fi(- Srswn by ♦■ BBSBI Walk*r of DDK UOSSSB, and becomes spesatffwe in th* fall of mi It lias yet to n?. •!-• dM appro* at of the House. to test OHIO PRIMARY LAW fi-it to Keep Senator Dick« Name from Republican Ballot. Cleveland, Ms-- s.— To ssat Iks) cons'! tatkiaalftjr of the Ohio primary law. IT. B. Mattl;»wfc, formerly County Oaaasßtasiaacr. f.!*d I jit here to day to restrain :h<» Boar** «if EJ*«ctlon from j.l&.'-i!i£ th«« name of nUai Mates. Se:.a?o«- r»rjr upon llw Re yw'cliran ka!lof. Ff-nator Dirk 1? th«» only KcaasUaoatai who circulated ■ petjtjaa to fcfcv* his nam*- vot**<S upon . FOWLER TO RUN AGAIN. IP- Daajpaaa: to Th* Manas ] riainfi«-i<3 N. | . May E.— Representative i 2'!«* N. Fowier irJU be a candidate for •••romlnatlor by the Republicans of the T,>:t Ktm Jersey District the. coming' fall, uncording to a Setter *ent by him to Mayor CxAt.tb 3. fitk ci tios dljr, which KM mad* public to-day. Mr. j Fowler's letter was in answer to a communication from Mayor Fisk in which th»» latter asked for some definite information as to whether ho would again seek to represent the dis trict. RAPID TRANSIT AMENDMENT jP. S. Commission's Jurisdiction Extended by Signing of Bill. Important amendments to the rapid transit act affecting the jurisdiction of the Public Service Commission became law yes terday when Governor Hushes signed the. hill prepared by the Public Service. Com mission and adopted by th* Legislature. The most important amendment is that with regard to Investments of trust funds in real estate. The law prohibits these In vestments when there ,c an encumbrance on the property. The Public Service Com mission in the construction of the Centre street subway loop had to buy real estate, along the line for the Canal street station and for the turn from Centre street into Walker and Pelanrey streets. This prop erty la now offered for Bate, and is valued at more than a million dollars, as th* sub way la fin built that the roof provides foundations for ten story buildings. The prohibition of the law, however, would have prevented the hip mortgage companies from advancing money on this property on account of the easement for subways. The amendment just adopted provides that » rapid transit easement shall not be deemed an encumbrance against investment? in mortgages by trust funds, but that the easement shall be taken into consideration iii determining the value of the property on which the mortgage is to be placed. Other amendments allow future subways to be equipped with moving platforms as deemed advisable. am; also permit the pur chase of electricity by the operator of a subway instead 'of forcing such operator to build separate power houses for the vari ous lines. BILLS SIGNED BY GOVERNOR Canal Terminal Commission Gets An other Year — Trip Abroad Assured. Albany. May -Governor Hughes to-d^y signed the bill of Senator Allen extending for a year the life of the commission ap pointed a year ago to investigate the ques tion of providing canal terminal facilities Mid authorizing an inspection of water terminals abroad. The commission receives an additional HMM for the continuance of its work. The (governor alto signed these bills: Senator Hill, appropriating $*i 000.«'«*) for the year beginning October 1 next, for the construction and improvement of high ways. Mr. Oliver, providing for the sale of per sonal nrooerty to satisfy the liens- of keep ers of hotels, apartment hotels, inns, board- Ing and lodsring houses, and for the. sale at public Auction after six months of un claimed articles revered by lien?. "HOSPITAL ANGEL" IN WANT Government Won't Help Her, So Senators Raise $1,050. Washington, May s.— Her Uncle Bam will not reimburse Eliza Hoakina Farris, "the pnsrel of the hospital." for self-sacrificing devotion to the Union cause, ev<>n though «■ eighty-four years of age she ip in want. Nevertheless. Senator Bradley, her life-long friend, has now in hand $I.'W>. which he will pend to her Immediately. It 's ■ pretty human interest story. dram atised to-day amid the grind of the Ben ate machinery. Senator Bradley had a bill to appropriate |tjOM for her. It wnt to th« Committee on Claims, from which few bills return! He told that leather-hearted committee this Btory: Miss Eliza, as she was then, no? the daughter of a Kentucky slaveholder who was ■rilling to sacrifice his property rather than have the Union disrupted. Camp Dick Robinson, ■ Union recruiting camp, was near his pla<-e. His son became a colonel in the Northern army, and his daughter was permitted to turn .their home into a hospital for Union soldiers. In addition to furnish!] ie supplies to the hospital. Miss Eliza was. in constant attendance on the wounded She became known as the ''angel of the hospital." Ml Eliza married H«r husband died, and. through fire and other misfortunes. her entire estate "a? dissipated As Mrs Eliza Koskin? Karris she now lives at Lancaster. Ky.. alone and failing rapidly. Mr Bradley told the story eloquently, but the committee would not favor the bill. It would pel a bad precedent Senator Smoot Is a member of the com mittee. He did not vote for the bill, but after the meeting he thought a lot about the poor old woman Finally, he went, to Mr. Bradley and said "Say. why n't we go into ,our jeans for that ».O0O? I II give H09." On the back of an envelope Mr. Bradley put down: "Smoot, 0;" then he wrote his own name and the same figures. It wa.s only a few minutes before others came around, and soon the envelope also bore hundred dollar subscriptions from Senators Guggenheim, Elkinp. Bourne, dv Pont, De pew. Smith, of Michigan, and Oliver, and $T' ft subscriptions from Carter, Bulkeiey and Brings. The "angel of the hospital" will get the, deserved relief, and no bad precedent will be established to haunt the Senate. AMOTHER ATTACK ON VAIL Hotchkiss Says He Intended to Mislead Department-Denial. Poughkeepsie, x. y., May 6.—Superin tendf-nt Hotchkirs of the State In^iiran^e Department in a letter written to the oi rectera of th« Dutciie.-* Fire Inaurance Company, made public to-day, ag^iin crit- Presidant Lewis EL Vail wboae re moval the Su^-erinte^^ent has recommend ed < »ne of ;he charyjes made by the Su perintendent in bis letter to »he directors 18. On December .-. . .:■»('. in response to a request by i>;r department that it be fur nished information as to the assets of . i« old company— to the end that In quiries from California claimants might be ex-President Vail wrote, the present superintendent : "I can assure you thai there la very little left, probably "not rriore than enough to take care of out- Mai ding claims and a fair compensation for the services and cxj>en?<;fi of liquidat ing and winding up the affairs of the old company.- when the facts were, a.- then .known to him. that, though the outstand ing claim? did not amount to more than (4.00Q, there »a* upward .if tin.GOij of es- BeU unquestionably vested In the old com pany, •• say nothing of outstanding -and collectible claims in Its favor against the '■>■••' company to the amount of $15,4061, and upward of $$0,000 in secuiitiea held by Frank B. U»n and belonging either to the#<.|d company or to Its stockholders. In the judgment of the department, the state mai of President Vail wa- intended by him to mislead the department In Mien representations as '.' would make to per sons Inquiring of it coneemins; the con dition of th« old company. The Superintendent makes fourteen «=pe rific chargrh, and !n closing bis letter be &p ys : % '' he above doe* not by any meant- include all of the transactions or President Vail which subject him to criticism. Those given ar*. however. In the judgment of the- department, sufficient to warrant th« statement that h<- has been guilty of many practices which m:)k« it impossible that he be lonsei Intrusted with the executive management of your company This is em phatlral)* so arben it If recalled that he excused many of these irregularities by the statement 1 list other company officer* have done the same thing, and that, anyway, no loss has resulted to any one. For the above reason* Mr. VaH*a useful ness as the executive, of your company Is at an end. and !t» further continuance in business with him as its head if, in the judgment of the department, out of the question. President Lewis 11. Vail said to-night that he would make, a full answer to each and avery one of .Mr. Hotchkiss'n spael. Heationi '!■ denounced the Superintend en', letter at full of nUaTaplCMBtAtiOMl NEW-YORK IMILY TRIBUNE. FRlditT. MAY 6, 19io AGAINST THIRD DEGREE State Senate Approves the Hubbs Measure. BUSY DAY IN UPPER HOU Playgrounds. and Saratoga, Bills Passed — Fight Over Public Service Measure. • [By T»graph to The Tribun-.l Albany. May — The Senate to-day passed Senator Hubbs's bill designed to abolish the "third degree." It prohibits- the use by a prosecuting oflfiecr of a confession made by a prisoner unless that confession were made in the presence of his counsel. Senator Hinman fought it hard, maintain ing that it would be a great hardship to prosecution officers, who had trouble enough to obtain convictions without hav ing additional bars put in their way. Sen ator Bracket t argued for it. Assemblyman McKeon's bill giving to the Board of Estimate and Apportionment in New York , City power to acquire land for playgrounds was passed- So was As semblyman Whitney's measure increasing the appropriation for purchasing the. min eral springs at Saratoga- Springs for a state reservation to $1,000,000. Senator Hubbs amended Mr. Merritfs bill author izing the prison site commission to select a substitute for the Bear Mountain site so that the new prison to replace Sing Sing may not be placed on Long Island. Senator Wainwrlght, of Westchester. sought to amend Mr. Parker's measure making general amendments to the Public Service commissions law so that the com missions would have a right to fix commu tation rates and mileage. Senator Grady stopped the amendment by showing that this could be done only when the hill 'was reached in general orders. Senator Wagner to-day served notice that he would move to suspend the rules to take up his Coney Island f-cent fare measure to pass it out of its regular ortl. r. After a hot discussion the Senate, com mittee of the whole, by a vote of 25 to S. amended A. F. Allen's bill, favored by the Insurance Department, relative to standard provisions for accident and health policies. The casualty companies have been fighting desperately for a clause permitting a court review of the decisions of the Insurance Superintendent relative to the form of poli cies. They won their battle when amend ment? offered by Senator' Holden were adopted. Senator Grady fouszht for the amendments. He served notice that he was "appearing for all the insurance compa nies.** His brief. he said, "was not accom panied by a retainer, to my regret.'" Sen ator Grattan. chairman of the Insurance Committee, argued for the bill by saying that Governor Hughes, in speaking for the Public Service commissions bill, ha.] taken a stand against a court review of the acts of administrative, officers. His pointing an argument by praisinc the rtandiof the Gov ernor awoke ironical laughter from all parts of the Senate Chamber. Senator Cobb's bill making a misde meanor the tire of weights or measures which have not been inspected by a sealer of weights and measures within one year, or the retention of such weights or meas ure?, was also passed. Other measures that passed were Mr. Fowler's limiting the right of application to the courts for release, of persons in con finement who appear to be Insane This is known as the "Harry Thaw bill." The four Conklin bills diverting fines im posed in New York City for ill-treatment of children and animals and violations of the pharmacy act from societies for the prevention of cruelty to animals and sim ilar organization? to the city were passed, DELVING INTO COTTON POOL Grand Jury Subpoenas Served on Speculators in Staple. The Investigation beerun two weeks ago by the grand jury into the alleged pool in May cotton took an active turn yesterday, when many hundred? of subpoenas were served en broker* and dealers wbo had accepted May cotton. The <I<-ferdants In the pro ceedings are Frank B. Hayne. W. P. Brown and other?, it Is believed that James A. Patten, the cotton manipulator, i? at the bead of the alleged pool. The subpoerae in the n" or supplement »rj proceedings require thr presence of those served before the United States erand .iur- . which convenes on May 9. »in Thr (-3?e of the United Stated aC ». .Tamer A. Fatten and others." The subpoenas are made out on a special form of four printed paces, and it la said that practically every broker and dealer who is believed to have accepted May cot ton has been thus served. Th" subpoenas command tho-. fe served to bring all papers relating to transactions in raw cotton. showing the asrgregaf> number of bales sold but not delivered at the close of business on April 30 last; the aggregate number of bales in the possession of such broker or dealer, and all transactions involving the Felling or holding of cotton. Bach of these subdivisions as to the. ag gregate number of bales of cotton closes with these words: "For the account of C. W. Johnson, of Charlotte, N. C, or any firm, .corporation, copartnership, pool, syn dicate or association, of any nature what soever, in which C. W. Johnson is a mem ber, officer or director, or acts as agent for." . It is conjectured that C. W. Johnson is the agent of the Southern spinners, and acts as the intermediary between those In terests and Inmes A. Patten. CHILD WELFARE DINNER Committees in Charge of Fall Exhibit in Conference at Harvard Club. The general committee in charge of the Child Welfare Exhibit gave a dinner, fol lowed by a conference, last night at the Harvard Club, at which many men promi nent in sociological work in this city were present. The Child Welfare Exhibit, which will be held in November at the 71st Regi ment Armory, is expected to give a vivid and comprehensive picture of child life in the city of Mew York. The, New York Child Welfare Committee has been incorporated to study the subject, and fix committees are now actively en gaged in gathering data. George B. Ide .„,[,,„) or the dinner last night, and ad aTsaaeawere made by Dr. Walter I* Har vey Professor K. R. A. Seligman. Pro fe=sor Charles R. Richards. Professor Al brrt Coe and Roy Smith Wallace. PUBLIC SERVICE BOARD WINS Roads Must Get Consent to km Equipment Trust Certificates. Albany May s.— Railroad corporations cannot tow** equipment trust certificates without the approval of the Public Service Commission, according to a decision of tho Appellate Division. 3d Department. Th« ea«« decided was thai begun by the Public Service Commission, M District, against tie Nets York Central lines, for Ifsuing po.«op/«0 of thf>fir> certificates with rut securing the approval of the commls. Mon The company contended that the cartincatoa were not the obligation* of th« railroad company. »« «re stocks, bonds or ether evidence" of indebted within the terms of Section U> of th* Public Service Commission law- inasmuch as they were issued by the Guaranty Trust Company. -ird not hv the railroad company. This decision will not affect th« validity r.f the e.-iuipinent trust certificates, but will make, it clear that the statute applies to r«ehs««COrlti«B and' fettles a controversy woicb existed tinea December, 1903. FEUDS IN LEGISLATURE Senators and Assemblymen Losing Their Temper, NCWCOMB MEASURE KILLED Burlingame Legislation Marked for — Brackett in the Fray. [By Tflesr»rh to The Tribune.! • Albany. May 5.— The strain of th« long legislative session and the many untoward events of this year are telling on the legis lative mind, and more particularly legis lative temper. Peace, harmony and cour tesy, which usually ooze from every legis lator until the atmosphere drips with a saccharine vapor, have been blown out of the Capitol. There is a very fair prospect, if affairs go or. as they are at present, that in a week or so the Senate and Assembly will be at each other's throat, while in dividuals in each House will be revelling in feuds enviable to a Kentucky.mountaineer. In the Assembly the fight to-day was turned on Senator Newcomb. His bill de signed *to assess on New York City at large the, cost of an extension of Riverside Drive awoke the slumbering dog* of war. Messrs. Brennan and Wilsnack led the fight. Attacks were made on the unfortu nate Senator as well as on his bill. Hig gins, Conklin and Murray rallied to the support of the unlucky measure, but the House. was in a killing humor. It slaugh tered the bill, voting 60 to 16 to strike out the enacting clause. . Senator Burlinganie"s legislation is also scheduled for slaughter, because Westches ter and Erie County Assemblymen think lie If holding up some of their local bills. Incidentally, he ip doing whatever he can to wage war on Senator Wainwright'P leg islation, and apparently he went out of his way to-day to be discourteous to Senator Braokett. Tie refused to move a couple of hia bills, anil when Brackett paid they were very Important arid asked why he .lid not wish action taken on them, he virtually told Brarkctt to mind his own business. Brackett isn't averse to m goor) fight, so in teresting developments are expected. Bra'-.kett himself managed to step on Senator Newcomb'fl corns to-day. The lat ter asked a question, breaking into the mid dle of one of Hra^kett's arguments. He didn't get the answer he wanted. I,ater he rebuked Brackett for discourtesy, which caused the Saratogan to apologize in a speech in which be said hitherto he and Xewromb always had hitched because h© supposed they were "the worst "-ranks 1n the Senate." MIX-UP ON INCOME TAX Assembly Rejects Inquiry Reso lution-On Table, Says Speaker. [By T« l l«'irraph to The Tribune. I Albany. May .'.-By a vote of 56 to hi the Assembly rejected to-day the resolution reported by the Rules Committee providing for a legislative commission to inquire into the advisability of a graduated income tax in this state. Much chagrined at this ac tion Speaker Wads-north ruled that this rejection of the Rules Committee's report merely laid it on the table, whence it could be taken at any time. His ruling was greet ad by a storm of howl? .and protests from the Democrats and some Republicans, who had voted against this on the around that it was backhanded blow at the federal income tax proposition. When Speaker Wad-worth handed down the resolution, the** was a long wrangle about procedure, which ended only when he. ruled that it was before the House for action. Then Assemblyman. Parker, of Washington County, presented an amend ment to it to restore it to its original form. As presented by him It had declared that the legislature "favors a graduated ta\ upon income*, the proceeds of which shall be applied to the payment of the expenses of the state." This amendment t>^<- beaten. «<* to 52 Mr. Frisbie, minority leader, then moved that the report of the Rules Committee be re \e>r-\t>{\. This stirred up a hot debate on the line- of previous argument? on the merits of the federal income tax. Mr. Chenl^r declared he was in favor of any kind of an Income tax, with proper re strictions, and maintained that he <*t^ the only Assemblyman who had paid an in come tax in a foreign country Mr. Mer ritt. majority leader, said the state didn't need to impose an income tax now. but might in the future, and the question was well worth looking into. When It <-qme to voting, the House itself got tied into a hard knot in its own red tape The report of the Rules Committee was rejected. Then the Speaker declared the resolution before the House, and de spite objections hi? ruling stood. Next a motion to recommit the resolution was made, and declared lost. After that a mo tion to reconsider the vote by which it was lost was carried, the vote reconsid ered, and finally, with due ceremony, the resolution replanted In Rules Committee "by unanimous consent." In the Senate Senator Hamilton succeed ed in introducing his resolution for the state Income tax It was referred to the Finance «'ommiitce The Senate Judiciary Committee to r>ight decided to report Senator Darei#3i*t*s reso lution providing for the ratification of the federal Income tax proposition, it is the general belief that the Senate will kill the resolution as the Assembly did. INCOME TAX MEN HOPEFUL Senate Must Still Vote on Resolution in Massachusetts. Boston. May ."..-Advocates of the income lax have not yet given up hope of plac ing JUassachusetts on the affirmative side of the question, despite the adverse action of the lower branch of the Legislature yes- 1 tcrday.'l'nder the rules of the Legislature the Senate also must act on the report of the Joint committee on federal relations whose de.-ision against the tax was rati fied in the House yesterday by a vote of I?* m MM, out of h total membership of If the Senate differs from the House and substitutes the resolution favoring a tax on incomes for the adverse report, find then adopts the resolution, the House must j again act on the Question. The majority against the resolution in the Flnuse yesterday was so decisive that no attempt was made to-day to obtain re consideration. but the Income tax support ers insisted that they had not given up the fight MASONS' NEW GRAND MASTER Visit of Orphans Brings Contributions of $16,000 for Utica Home. Robert Judson Kenwnrthy. of this city, was duly Installed grand master of Masons for the State of New York in the grnnd lodge, room of the Masonic Temple yester day afternoon. Thl«» ceremony, including the installation of the other officers, was performed m the presence of masters •■( lodges from cities in almost every county lit the stfite. Justice s.. Nelson Sawyer, the retiring grand master, was th« Installing officer. A.l a direct result of the visit to the grand lodge on Wednesday of the ninety-two "1 phan children from the Masonic Home \i Utica. affording the assembled Masons a practical demonstration of the work being don* up there, J1 6,000 was contributed yea terday for the home at Utica. Resolutions were adopted authorising th« trustees of the, Masonic Temple to improve the ?3d r*ef corner by razing the pr»s*" huildingand erecting -upon • the' ground an other Masonic structure. NEW GRAFT CONFESSION White's Story Corroborated, I Says Chicago Prosecutor. Qilcsso. May 5. — After th» grand jury, which is investigating Senator Lorimpr election, adjourned to-day State's Attorney Wayman declared he had obtained a con fession from a member of the state Legis lature who, Wayman says, admitted re ceiving: $1,000 for his vote for Senator Lorl mer. This man's story, which is alleged la confirm Representative Charles A. White's charges of bribery, was related to the crand jury to 7 day. Wayman paid. Summoned to appear before the grand jury. Representatives H. J. C. Beekmeyer and Henry A. Shephard called at Mr. Way man's office to-day. Harry Aekerman, a merdchant of r*>ntralia. 111., also appeared. In addition to those named, the State's At torney declared that Representatives Micn ael S. Link and Joseph S. Clark would be •witnesses. . ■ 7%'S; Link. Clark and Phephard are alleged by Reprepentativi* White, according tr> his con fession as printed in "The Chicago Trib une." to have been at St. Louis Last rum mer when the legislative "Jackpot was dis tributed. Great secrecy as to the testimony of the witnesses is being maintained. Springfield. Til.. May s.— That the clash of authority between State Attorneys Way man of Cook County and Burke of San gamon County over jurisdiction in the in vestigation of alleged legislative bribery might interfere with Justice, is the opin ion expressed to-day by Attorney General William H Stead in a letter. "I* appear? from public statements." says the letter, "that promises and pay ments were made both in Springfield and Chicago "I think the inv^ptiga'.ion should be pros e<'.ut«»d vigorously in both places and the authorities should work in harmony, so that the "harges may be thoroughly sifted, to the end that h!1 innocent persons may be, vindicated and the guilty person.'', if any. promptly and vigorously prosecuted. ' FIGHT OVER NAME AT TUFTS Students and Graduates Don't Like "Jackson College." Boston. May 5.— A sum approximating $500,00n. which has been left to Tufts Col lepe. will b«» devoted." to the founding of Jackson College to accommodate the wom en students of Tufts, v. ho ar«» to be segre gated next fall. President F. W. Hamilton in maklne this announcement last nieht said that the new Jackson College would have the same president and trustees as Tufts, and there will.be an exchange of faculties. Jackson College will, however, have a woman for dean. It will have Its own gymnasium and its own chapel At the present time there arc eighty-two wom m students in Tufts. The plan to name the institution Jackson <""oil"e«> in honor of Mrs. Cornelia Jackson, of New York. City, has stirred up a vigorous opposition among the srraduates and undergraduates, and a determined movement is on foot to Influence the trus t<s*.s to choose another name. The name was s^lFrted as a means of shotvinsr ap preciation of the large sums given by Mrs. Jackson. * , As one of their principal objections many prominent nlumni are pointing to a possi bin confusion with Jackson College, of Jackson; Miss., which is an institution for negroes of both sexes Under Mrs. Jack son's will Tufts has already benefited to th»' amount of about 150,000, and ultimately this amount is r\-p«..-tr.i to reach 1509.090. Th« Tuft? trustees voted on April 12 to abolish education and to establish a college for women to bear the same re lation to Tufts asjßadcliffe do«s to Har vard. This was done In order to set the remainder of th<» 1360.009. The full details of th» plan cam* out when President Hamilton answered sixty questions submitted by the alumni. MORE TETLOW "WIVES." 111 1 Pitisburg Police Think He May Have Forty. [3y T«:^r,irh to The Trlbun* ] Fittsburg, May h.— lnterest in the case of Colonel" James T. Tetlow, who has gone to New York with eighteen-year-old Ethel Jordan, and who has been sued on a bigamy charge by her sister, who believed herself to be his wife, Increased here to day when wife No. 4- came forward from West Virginia, and wife No. 5 was placed by rumor In South Dakota. In the mean time wife No. 1, who appeared yesterday in the person of Anna Kohl Tetlow, of th» North Side, produced data to show that she had been at one time publicly ac knowledged by the "colonel" as Mrs. Tet low ' : "- The police pay that if half th« tales told by the wives already found are true. Tet cw has probably forty different women calling him husband in different parts of the United States Tetlow and Ethel Jor dan, his companion, wrote a Joint letter to a Pittsburf: paper from New York yes erday denying that he had married Clara Jordan, who Is suing him here. • In the same mail, sent from the Grand Central Station, New York, Tetlow writes o wife No. '. addressing her a? "Mi? "t»ra Tetlow." saying: "What's the use it aching? • We're both happy " The letter is signed "James." Anna Pohl. wiii appeared yesterday as vn. i. turned over h<T marriage cer iflcate and some data to the police to-day fine postal -~ard sent her in Tetlow'a hand vriting recently Is addressed to "Mrs. Anna Teresa Tetlow," and reads: "We will always be sweethearts, won't we? Don'l yon love your hubby, Anna? I'll bet you do. And I tove you, too." This Is signed •Vol." Edith lEbling, of Leatherwood, vv. \'a.. as serted to-day that she was 'narricd to Tet ow in Wheeling, on July 13. 19»>;. and ive.i with him in Plttsburg more than a year. "He *>ew when F showed him a letter from another wife j: Sioux Falls," ;."id MISS Kbiii-K LUCIANO CONTERNO DEAD Well Known Bandmaster, Who Served Under Commodore Perry. Luciano Conterno. the bandmaster, died on Wednesday night at t.he home of his con. No. MS Wesi 145 th street, after an Illness of more than two months, follow ing .i stroke of apoplexy. Luciano Conterno was born in Clennoni Fersnte, France, ''on September 5, I?R9. When only nine years old he entered the United States navy as a cabin boy and drummer. He served durins the entire period of the Japanese expedition under Commodore Perry. In IMB Mr. Conterno enlisted in the :tn Regiment and wenl lo the front on tbe iir-t call ol President Lincoln On his re turn from tl c wai Mr. <"i>nterrn> «,i.-- a. ■ pointed bandmaster "f the SM Regiment. From 1813 until lIM he waa bandmaster at Hie Brooklyn navy yard. Mr. Conterno l-a\e.- four sona and one daughter. The funeral will be beM to morrow morning at 10 o'clock in the Church of Oui Lad} "of Lourdes, in Weal ;,.'.] street The burial win ba in Holy Cross ' 'enietery. THE BiSLE & FRUIT MISSION TO THE Public Hospitals of New York City In alrtHton to th* work the Blbl« and Fruit Mission !« doing In th« public hospital*. i? r .. a i lz»s ttM necessity or i temporary home for aps rial ,i<fr Of ronv»l .- ■• run ilisrharg*rl from th* hospitals, who are without mon»y or <ri»;i : ana are to> -weak 10 work. Th* Society appeal* to the public for annual snb.«rrlrtlon» t v th* amount of threa thousand dollars for three irsan to ran* for »u<"h ca»?t. until rifty or sixty thou sand dollar* shall be secured and a permanent home •stabllslied. ' Contributions may bi r>-nt to the treasurer. Bin .1 FREDERICK TAL- C-OTT. 60 \\>»J. MIS itrMl EVELINA T HAMILTON. tsrmai > PRAISES PRIMARY [AW Senator Bourne Tells of Results in Oregon. ELECTION OF CHAMBERLAIN Interference by Republican Cora mittee Official Alleged — Dis cussion of Patronage. , 44.,,. . v -'-'.> - > ..- ,: ■- — -r .* .■"' ■ ■ " [Ft cm Th« Tr'b'ir'" Buroau.l Washington. . May —A speech by Sen- ' ator Bourne, of Oregon, this afternoon, praising the election law of his grate, j I brought on a general debate on the ques tion of representative government. which , dealt especially with the effect on the ■ | Southern States of the present system of '■ selecting federal officials for that part of; the country. Mr. Bourne defended the primary system of Oregon, and referred to an alleged effort on the part of certain officers of the Republican National Com [ mittee to defeat the election of Governor ' i Chamberlain to the' Senate after he had ■ carried the primary. He said j that one of ! Mr. Hitchcock's assistants had promised , federal appointments to certain members of | the Legislature if they would disregard j their pledges to the electorate. This refer ence to the Postmaster. General started a discussion regarding federal patronage. ! | Senator Bacon complained; of the referee j I system, in vogue in .the Booth! while Sen j ator Carter made - some suggestions for! i eliminating politics from the Po?tofflce De ! partment and appointing all postmasters on j merit. .'.' 1 Mr. Bourne declared that his state has ; evolved '"the best form of popular govern- i i ment that exists in the world to-day." He ■ defended the election by the Oregon legis : lature of his Democratic colleague. Senator Chamberlain, characterizing it 'as "the highest kind'of evidence of the efficacy ol i the law." Mr. Bourne said: At the general election in June Senator i Chamberlain defeated Mr. Cake, notwtth- 1 standing the state was overwhelmingly Re publican, thereby developing from the Democratic- candidate into the people choice for United States Senator. The nor mal Republican majority in Oregon, I think, is rom , 15,00«> to 30.000. With full recognition' of Governor Chamberlain's abil- ; ity and fitness for the office, the fact that for nearly six years he made the best Gov ernor Oregon ever had. and considering that undoubtedly he is the most popular : man in our state. I deem It but just to the law and a proper answer to the criti- I cism of enemies of the law that it ' de i stroys part-.- lines and integrity to state i that In my opinion Senator Chamberlain I I received the votes of several thousand Re- ; 1 publican enemies of the law. who believed i ' that in selecting Governor Chamberlain, a I Democrat, they would prevent a Republi can Legislature- from ratifying the people's Selection, obeying the people's instructions ! and electing as United States Senator the ; : individual, regardless of party, that the i people might select for that office. Thus 1 they hoped to make the primary law and • statement No. 1 odious and sought Ito ere- . ate what they thought would be an impos sible condition by forcing upon a Republi can Legislature for confirmation the popu larly designated Democratic candidate for [ United States Senator. The People's Choice. They fail*.! to realize that greater than party* and infinitely greater than any in dividual, the people"? ohofce" becomes a representative of the principle and of the law; that the Intelligence and Integrity of the whole electorate of the state, as well as the integrity and loyalty of the mem ber!! of th? Legislature, were at *<*ke. and from any honorable viewpoint the mere, Intimation of the possibility of the Legis lature, or any member of the Legislature, failing conscientiously to fulfil his pledge or loyally obey the instruction of the peo pi would not only be an insult to the In telligence. independence and patriotism of the Oregon electorate, but they would not permit such action to go unnoticed or with out, holding the culprit to a rigid responsi bility for- hi? treason. Stating that there were no penalties at tached fo the law. Mr.' Bourne said that during the session of the Legislature at which* Mr. Chamberlain had been elected ■ former government official and assistant to the chairman of the Republican National Committee had appeared in Oregon . and promised federal appointments to members of the Legislature if they would disregard their pledges to the electorate. "The effort wa.s made by th» enemies of the law." be said, "to create the impression that, by reason of this persons relations with the chairman of the Republican Na tional Committee during the national cam paign he would be »We to deliver these promised federal appoint in case statement No. 1 subscribers sold their honor and betrayed their trust." Primary Better Than Convention. He declared th*. primary system to- be. preferable, to the old convention plan, large ly because it protected the people against boss rule Mr. • Bourne also found matter for praise in the initiative and referendum law. and. in fact, in all the laws composing the system. •■Results attained undo? direct legislation in Oregon." he said. "compare so favorably with the work of i legislative assembly thai an effort to repeal the initiative and referendum would be overwhelmingly de- The f< Rlue List" of The Evening Mail. NO. 4. The Celluloid Company, of 30 to 36 Washington place, New York, used the Blue List of The Evening Mail to get two of its type of employes. The advertisement cost $7. Here is the result : THE CELLULOID rOMPAXT. 30 to 36 Washington Place. nBCETP/I OFFICES • N'w Tor^:. - Tht Evening Mail: Dear Sirs — The result of the advertisement placed m rour "Blue List" «M most satisfactory. A number of re- P plies were received within FORTY-EIGHT HOURS, and from them we obtained the two men wanted. Men of a superior class and who have so far proved entirely com Yon may remember that I told you that I would try this "high class" advertising as an experiment, as all other ad vertising which we had done had only resulted in having applications from apparently all the riff raff In town, and I say frankly that I did not expect much better results from the "Blue List.'i I will say now with equal frankness that the money was well invested, and I shall certainly use the List again when necessity arises. Yours very truly. F. B. LEFFERTS. Treasurer. The Blue List's permanent success has been built upon just such satisfaction as that derived by The CeJ* luloid Company, which, as you know,- is one of the most highly keyed organizations in the world. take this home to your business. Don't you need high-class help? Aren't you disgusted trying to get it by ordinary advertising mediums? Why not, then, pattern after The Celluloid Com pany and try the extraordinary medium the Blue List of The Evening Mail, the medium that produces results that fully satisfy. One trial will get you in the Blue List habit as a means to obtain the finest grade of employes, because the answers you will get will open your eyes as to qual ity, and you will not have to waste a lot of valuable time wading through replies that you couldn't for an instant consider. « Call "Cortlandt 92," Or "Madison -6540." Anrl the Blue List will send a representative to talk it over with you. No. 5 to-moHow. THE UNDERWRITERS' BUILDING Located at 123 William Street, has been erected by us from the plans of Messrs. Clinton & Russell, Architects. Not until December 6th last ff-K the erection of steel started. May Ist wa< the completion date- But history is comparatively easy to write. The Roman Empire took centuries in the making, but you can read all about it in a week. The William Street building taxed brain and brawn for five superhuman months. But unless you are familiar with recent building conditions and recall the seventy of the past winter, you can never know just what the following tit-bu of history means: The Underwriters' Building was finished on time. It i- a 12-stcrv office struc ture, fireproof throughout, and modern as money can make it Half the entire space it leased, and Monday of this week tenants were doing busi ness there. The New York Beard of Fire Underwriters has taken the 1 Ith and 1 2th floors, and insurance brokers who appreciate the ad vantages of proximity between related interests, will lose no time in getting in touch with Messrs. Ewing, Bacon fir Henry, of 30 Church Street. Incidentally, the building was erected on the Cost Insurance plan, and it cost the Owners considerably less than they figured I Obviously — but no, a great man has said that the surest way to be dull is to say it all ! THOMPSON-STARRETT COMPANY Building Construction Fifty-One Wall Street felted. No effort has been attempted." In conclusion Mr. Bourne said: Plainly stated, the aim and purpose of the law »re to destroy the Irresponsible political machine and put alt elective of fices in the state in direct touch with th<* people, as the real source of authority; in short, to BjTC direct and full force -to the ballot of every individual elector in, Oregon and to eliminate dominance of cor porate and corrupt influences in the ad ministration of public affair?. The Oreeon laws mark the rours<» that must ho pursued before r » wrongful us** of corporate powers can be dethroned, th* people restored to rower and lasting re form secured. They insure absolute gov ,ynment by the people. When Mr. Bourn* concluded Senator Brown, of Nebraska, asked general con sent that fifty thousand copies of th* ppe«w;h be printed- by the gUH IIIBBSBI for general circulation, but Mr. Oallineer ob jected. Mr. Brown spoke of the speech as "a remarkable one" and ?a!d If had demon strated th^t the Oregon =■ stsai was n-» longer an experiment. Mr. Carter found "■ the postal commt?*- Fion's» proposed change of the pastal 'a* 1 ■ a panacea for all the nis eoraplalnjd of. Under thai system, he said, the postal ser vice WOaM be put on » b'lslnes? basis an<f an employe rewarded for merit. and by eliminating the flfty-nin- thousand post masters in the country from politics all the difficulties wiggesled by Mr. Ba»-on wonld he nT-erenme The Carter schem* did not appeal *<> Mr. a ],. tie denounced it a? a, plan for t*« obliteration of all - a'= Haas and th* usurpation of po-^er by th e fed>ra' govern men» ADOPTS DAUCrHTER AT 7« YEAFS "Child" Is 40 Years Old and Assumes Rights of Heir. Fitt=bnrg. May s.— Judge John D. H?r maker entered an adoption order »- an unusual rase to-day which mak»« Id^ ?elma Light, forty years old. the da.a?ht«r of Mary 1,. Mclntosh. who is sev»nty-sr*. Neither woman has ever married 1 anS neither has heir». The order of court gives the adopt« 4 woman th* rights of eMM and haw and direct? that she shall b<* subject M h « duties of such child. *>