New-York tribune. [volume], May 24, 1910, Image 1

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

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\ ou LXX.-.N° 23.200.
m PRIMARY BILL
STRIKES A SNAG
r : -,-prp n re of Republican Sen
—s Mot Ready to Accept
Measure.
C\L> 22 ARE IN FAVOR
Plan of Calling a Caucus Aban
doned—Speaker Wadsworth
and Assistants Show
Activity.
IBy Tel*jrr»ph to The Tribunal
Albany. •ay 23.— The compromise di
rect primary bill drafted by the commit
to* of Republican Senators struck a
*nssr to-night in the Republican Senate
Smlferrace with a force which made
many ■ ators believe that it never
would be accepted by the conference in
it^ present shape. That in* their judg
ment meant that it would not pass the
penate if it should be introduced there
n-.thout the approval of the conference.
Whether or not the opposition to this
measure was as spontaneous as it
kerned to-night or whether it was ac
relerated by Speaks Wadsworth ann
s ,.in*» of his lieutenants in the Assembly
aurnot be learned definitely. The Speak
er Is \iolently opposed to it. He, As
«mblyrnan Jesse Phillips and Ray B.
Smith, clerk of the Assembly, who aided
b, the drafting of the Meade-Phillips
Mil. were around the Senate chamber
talking with various Senators to-night
b«fr»re the conference on the primary
bill convened.
As drafted by Senators Cobb and Hin
ir.an and Robert H. Fuller and Roger P.
Clark, the Governor's secretary and coun
sel, respectively, the bill was submitted
to rhf Governor to-night. He looked it
over. Senator Cobb understood that if
the conference approved the bill an ;
emergency message would be forthcom- j
ing, enabling it to he passed to-night i
and signifying the Governor's favorable
opinion of it as far as it went.
Details cf New Measure.
As finally evolved, the new measure is
on the lines of the Hinman-Green bill. !
amended so as to concede city, state and
judicial conventions. It provides that the <
direct nominations feature shall not be
applicable to county officers of New York
City when city officers are elected. This
was done, it was stated, on the theory'
«->f leaving no obstacle si the way of
tusion.
Delegatee-at-large to national conven
tions are to be chosen by direct nomi
nation. All party officers, including
members of state committees, are to be
nominated by petition only and elected
by the direct vote of the people. -Where
(legates to state, city and judicial con
ventions are provided for they are to be
by direct vote, as are delegates
to national conventions from Congress
ijistricts.
Th«* ballot is the same as embodied in
th^ Hinman-Green bill.
Where conventions are held provisions
are made for safeguarding the rights of
duly elected delegates. This provision
If similar to that embodied in the Grady-
Frlsbie bill and the FO-called McCarren
bill of a few years ago. It is provided
that no party f unos shall be used in
primary elections.
A state-wide personal enrolment Is
provided, along t4^ lines of the Cobb
compromise MO. The enrolment feature
i* the same as at present in cities, while
county enrolment is to be made on Elec
tion Day for the following year.
Provision is made so that the proposed
act shall rot af!'- " nominations already ■
made, but does affect delegates already
elected. The State Superintendenc of
Elections for the metropolitan district
is given authority over primary elections
lit N\-w York. The proposed act takes
cfitct immediately.
Opposition Was Unexpected.'
Nothing like the opposition encoun
tered in the conference was expected.
Most of It was based on the fact that
under this bill the present county and
other committee would this year have
ih*> designation of "organization candi
dates" at the primaries. It seems that
a goodly number of legislators are not
precisely in accord with some of the
powers that be. politically, in their dis
tricts, and believe that this would bear
hard on them. ALso, the present system
jjf electing county committees varies s<»
ereatl> That counties in the same Sen
ate district have different bases of rep
resentation. This would give small
counties as many delegates in the Sen
ate district convention in some cases as
larger counties. Also it would raise
"hob" generally and particularly. So,
a' least, protested Senators Emerson.
Hamilton. Meade, Hewitt and others.
Borne opposition also was made to the
f-calied preferential place which the
1 "tnmiTtee designated candidate for of
fi<°* w«>u!d have on the primary ballot
ander this bi!L This objection was sub
sidiary to the other, though, on which
practically all stress was laid.
The result was that when the question
of accepting the compromise bill was
put to a ote it could muster only
twenty-two of the thirty-four Republi
can Senators in support. This, to l»e
i-urc. represented a gain of two over the
in the Senate on the Hinman-Green
«.-iIL ■■ Senator Emeneon in the confer
ence did not vote for the Cobb compro
mise, it was too small for comfort,
however, and immediately showed that
a * h^rished plan To turn the conference
'"'to a caucus would have to be aban
<soo*d. indeed, it was manifest that if
***• caucus proposition were tri**l many
would bolt it.
Meade-Phillips Bill Discussed.
the Meade-phiilips measure was
•nought up for discussion it was plain
at it could not !>e made a "'conference*'
W It sad only fourteen votes in
IT>! support, and the criticism voiced
' it was ten times as hot as that
r«*«Je of the compromise bill The fail
ur * to agree on anything left one re
tnurM. — to take an adjournment until
tf -morrow night. On that the vote was
""-animous.
Opponents of the direct primary feel
Greatly heartened by the showing made
tf-night. Senator Meade thinks he will
Ccmlaued - — unvuc pace.
i^». .^^^^ .▲
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To-dsr and (n . m ,, .
stiowfri..
P. R. R. BUYS NEW HAVEN
Credited with Large Purchases
of Stock in Mellen Road
| By T>l*RTsph to TW Tribune.]
Philadelphia. May 23. — The Pennsyl
vania Railroad Company now' owns an
important stock Interest in the New
York. New Haven & Hartford Railroad.
With the first vacancies which occur in
he board of directors of the New Eng
land system the Pennsylvania interest
will receive representation commensur
ate with its ownership. This fact, which
became known here to-day, is fully con
firmed. even if it has not yet been offi
cially announced.'
Since the beginning .of the year the
Pennsylvania Railroad has acquired
what is described as "a very considerable
holding" of New Haven stock. Whether
this has been bought in the open market.
taken over from the banking: syndicate
which is behind the $".0,000,000 allotment
made last fail or. bought from the com
pany out of the nearly $22,000,000 of
stock which was held in the treasury of
th- controller, the New England Naviga
tion Company, is not known.
News that the Pennsylvania Railroad
has quietly acquired an important stock
interest in the New Haven developed
yesterday as an explanation for the sale
by the company of 111,000,000 of equip
ment trust 4 per cent certificates to a
Philadelphia and New York banking
syndicate, headed by Edward D. Smith
,& Co., of this city. The question had
arisen as to why the Pennsylvania, pre
sumably very rich in cash, should have
sold bonds now.
While it bl st.<t«-d that this "vry con
■MrmWr holding" of New Haven stock
has been bought by the Pennsylvania
"as a go.Ki investment." the real motive
is to brine The two powerful systems
into ctuacr accord and more intimate re
lations. This becomes particularly de
sirable for th* two companies in view of
the physical connection they are shortly
to c- 1
Jointly the Pennsylvania and the New
Haven, at an estimated cost of $14,000.
000. will build , a great railroad bridge
across the East River at Hell Gate. This
will give through tracks between New
England and the West and South in
connection with the Pennsylvania Rail
road's New York tunnel terminal system,
to be opened this summer. Work will
start within a few months on the bridge,
which will require three years to build.
For a number of years the Pennsyl
vania has owned $14,000,000 of New
Haven stock, of which there is now out
standing $100,000,000 in full paid stock
and $50,000,000 in allotment receipts, on
which one instalment has been paid.
NEW AERO BODY FORMED
Clubs to Hold Meets Without
Sanctions from Wright Bros.
Representatives of eight affiliated
clubs attended a meeting called by the
Aero Club of America yesterday and'
formed the American Aeronautic Asso
ciation, which will hold local meets
without the sanction of the Wright
brothers. In no way. it is said, will the
new organization infringe on the Wright
patents in conducting its meets, nor will
it violate the agreement between the
Wright brothers and the Aero Club of
America.
Tht forming °f the new association
surprise to those interested in
it had been thought that
the meeting wai for the purpose of ar
ranging a - meeta before the in
ternational contests in October. The
Ultical Society had planned to
form such :in organization.
The officers ■elected were t'haries M.
Myers. Kansas City Aero Club, presi
dent: A. L. Lambert. St. Louis Aero
♦ 'lub. first vice-president; J. A". Martin.
Harvard Aeronautical Society, second
president; Victor Lousrheed. Aero
' Qlinoia, secretary, and Jerome H.
Aero Club of Baltimore, treasurer.
A eomnfittee was appointed to prepare
■ constitution and bylaws. Another
m- eting of the body will be held in this
city on Jur; --
STRUCK BY SUBWAY TRAIN
Intoxicated Man Steps Off Plat
form and Is Killed.
Harry Maher. a sugar sampler, of No.
__: Court street, ended a spree yesterday
uf:ernoon by stepping in front of a sub
way express as it was coming into the
P... rough Hall station, in Brooklyn. His
right leg was cut off at the kn^e and his
left leg mangled. He died in the Brook
lyn Hospital late last night.
Ifaber and a sailor, who disappeared
after the a.cid^nt. were intoxicated when
they came <>n to the station platform to
gether. As the express train pulled in
Maher waved his hand to his companion
an d, apparently thinking he was entering
th< train, stepped off the platform The
mo£orman threw on the brakes, but two
can bad passed over Maher before the
train eowld r< stopped.
Mahe.r did '"* *>■« consciousness while
the anibulanc. surgeon was working over
him. and called repeatedly f<>r a priest.
Word was sent to the «'hurch of St.
<*har!es EkHTomeo and to St. James's
pro-cathedral The Rev. Peter Dnnoho. .
of the Pro-Cathedral, accompau
1..] M;ih'T to the hospital.
GIRLS SCORE MANY RUNS
Mere Men Outclassed in First
baseball at Wellesley.
IB) nhm »> to Th- Tribune]
Boston, May 23.— The first baseball game
since the sport was introduced at Wellesley
College was played to-day, and not only
| was it replete with thrilling plays and
j heavy hitting, but the girls established a
I record that probably will last for many
days In running up a total of fjft runs. >.V. .-•■.•
The game was between the ft Miami* Cot
tage team and the Webb Cottage team, and
resulted in a victory for Nonanett by a
score Of M to 25. '•..:-:
Miss Mildred T.oveitt, the diminutive
pitcher for the winning team, showed real
curves, bo) she w«-akf»n~d in the fifth In
ninff. when her opponents scored ten runs. I
The batteries were: Nonanett Cottage-
Miss Mildred Ixn'eitt. pitcher; Miss Katn
erinf Duffleld. catcher. Webb Cottage— Miss
Bernice Van Slvke. , pitcher; Miss Nita
Weichis. catcher.
GO TO GARDEN CITY TO-DAY. .
See the fastest selling country-home
property around Mew York. More than
half a million dollars* worth of residence
plots have been told at. Garden City during
ire last ten days. Learn why. ■Phoii«-
Gage E. Tart>»ll."3->i Fifth a venae, for full
particulars (Madison 79I4J.— "Advt
NEW-YORK, TUESDAY. MAY 24, linn -FOIKTKIA PAGES.
DR. MAGNES RESIGNS:'
REFUSES TO RETRACT
Young Rabbi's Passover Sermon
Stirred Up Much Trouble in
Emanu-E! Synagogue.
ATTACKED REFORM JUDAIS
His Letter to Trustees Leads
Them to Refuse to Re-elect
Him at Annual Meeting
of Congregation.
i
"Without any sharp expression of feel
ing, but calmly and deliberately, the
member- of the congregation of Temple
Emami-El voted last night to accept the
resignation of the Rev. Dr. Judah Leon
-Magnes. their young assistant rabbi,
who recently, in a Passover sermon, at
tacked reform Judaism and made charges
of lack of faith and ppiritual decay under
| the present reform movement as. exem
i piified in Temple Emanu-El
Counselled by such leading members
1 as Jacob H. Schiff. at the opening of the
, annual meeting of thr congregation in
i the temple last night, that a subject of
I stich importance called for no impas
1 Pioned discussion, but peaceful and care-
I ful consideration, the hundred members
; of the congregation present unanimously
j accepted the report of the board of
trustees recommending that Dr. Magnes
was not a proper candidate for re-elec
tion on account of the views he enter
tained and expressed.
Several members said after the meet
ing that no harshness was meant in the
action and that they believed Dr. Mag
nes to be a sincere young man. but not
the proper one to be the spiritual ad
viser of a reform congregation.
Reaffirms His Position.
Dr. Magnes brought the whole contro
versy to an issue bj- a letter w hlch he
wrote the board of trustees reaffirming
and restating his position. It was in
view of this letter Ix>uis Marshall, secre
tary of the board of trustees, said after
the meeting, that the board had deemed
it expedient not to reccommend Dr. Mag
nes for re-election.
Incident to its annual report, said Mr.
Marshall, "the board of trustees present
ed a letter to the congregation from Dr.
Magnes in which he stated in substance
that lv would decline a re-election ex
cept on certain terms which the board
could not accept, and the recommenda
tions of the board were unanimously in
dorsed by the congregation.
"The mem-bers present delegated the
power to the board of trustees, together
with such members of the congregation
as thej- might see fit to select, to con-
Hdw later a successor to Dr. Magnes
and all other matters concerning the
pulpit of Temple Emanu-H."
Mr. Marshall said that no successor
was considered last night and no other
suggestions were made about pulpit af
fairs. The Rev. Dr. Joseph Silver man.
the present senior rabbi, will hold over
another year. Dr. Magnes's term expires
on October 1.
Or. Magnes's Letter.
In his letter to the board of trustees,
dated May 16. Dr. Magnes said:
j To the President and Board of Trustees of
Temple Emanu-El. New York.
Gentlemen: I have learned from a com
mittee designated at an informal confer
•••:■• of your board that a majority of the
board is not in sympathy with the views
expressed in my Passover sermon, and that
the opinion of such majority reflects the
attitude of a considerable part of the con
gregation as well.
When I accepted the invitation in 1906 to
become one of the rabbis of Congregation
Emanu-Kl it was explicitly stipulated that
I was to have the right to give free and
{ untrammelled expression to my convictions.
I recognized at the same time the right of
th*- .-ongregatlon to signify its disagreement
with any opinions I might have; and it was
! understood that I might be at liberty to
j sever my relations with the congregation
whenever I found myself unable to recon
cile my views with those to which the con
, gregation adhered.
What I said in my Passover sermon
i voices convictions which, so long as I
j should continue to be your rabbi, I would
feel bound to advocate, in order to bring
about a genuine reform of Judasim by a
revivification of its true spirit and sacred
traditions. Nothing ifl further from my
purpose than to induce this congregation
to revert to "orthodoxy." in the sense in
which this much abused term is commonly
understood. A decorous service, with fam
ily pews, a reasonable use of the English
vernacular and all possible conformity with
the spirit of the land has always found in
me an earnest supporter. Nor am I un
willing to discuss the efficacy of each and
every remedy suggested in my sermon.
Hut 1 l>elleve I have the right to expect
some indication that the congregation r^c
ognices the existence of the conditions I
have pointed out. and that relief must in
large measure be sought through a closer
i communion with the whole house of I*raH
i ami a closer approach to the sources of
Judaism. Or. condition that such an Indi
■ cation can be given me by the congregation
; I shall be willing to continue to occupy its
! pulpit.
If, however, the congregation indicates
ihat I ann not to expect its co-operation in
accomplii-hing the purpose I cherish, then
T am constrained, with regret, but without
the least hesitation, to refuse a re-election
to the rabbinate of the congregation at the
expiration "f my present term.
Thanking TOO for y< ur many acts of
coiirtesy. and with the sincere hope that
i 'ormregatlon Emanu-El may l>e a great
Influence for good in Judastm, I am. very
truly your?. J. L. MAGNES."
Dr Magnes was ejected to the pulpit
r»f Temple Emanu-El three years ago. It
was known at the time that he was an
ardent Zionist and held office In the Fed
eration of American Zionists. His views
i <-?h the democratization of Judaism were
known to be very broad. At th< time of
his election he was president of the self
defence committee, a temporary organi
zation which had been created to meet
th<- situation which confronted the Jew
ish people as a consequence of the mas
sacres in Russia.
Th«- committee had for its main pur
pose the raising of funds with which to
supply firearms to th^ defence leagues
which the youths among the Rusian
Jews had organized. Dr. Magnes's Hff
tion to Emanu-El pulpit came as a sur
prise only ■ f p w months following a
public announcement b* Rabbi Stephen
H. \Vis» that he had refused an ejection
to- the pulpi' of Temple Emanu-El be
cause he would not lie allowed absolutely
untrammelled speech.
Dr. Magnes was not long in the pulpit
until his sermons began to attract at
tention and arouse controversy. His
sermons were Zionistic, or nationalistic,
and contained indications of an "evolu
tion" in his theology from the reform of
Judaism as taught in th^ Hebrew Union
( nntintird on second pan* 1
DEWEY'S FINE OLD SHERRY WINE.
A great appetizer, taken before meals.
H. T. Dewey & Sons Co., 138 Fulton St.. N.Y.
— Advt. '
NICARAGUAN BATTLE ON
Engagement Began Sunday. Says
Cable Message.
New Orleans. May 23. — That Genera!
Femandino Rivas. at the head of "ne
thousand troops' of the Madriz army, had
arrived at Rama at the beginning of an
engagement yesterday between the Es
trada and Madriz forces in Nicaragua
and had made a successful passage
around the insurgent army was the state
ment contained in a cable message to
one of the memhers of the Central Amer
ican colony here to-night.
By this manoeuvre it is declared that
three divisions, numbering approximate
ly a thousand men each, are assailing the
town of Bhiefields. Two are in the front
and rear, respectively, of Rama, and the
other, it isf asserted, is some seven mileß
from Bluefields.
It was' also reported that the steam
ship Marietta di Giorgio, said to have
been pressed into the, service of the in
surgents, has been given up. following
a demand by the Norwegian government,
the flag of which country the vessel has
carried, and th«t the steamer left Blue
fields to-day for New Orleans.
The insurgent faction in New Orleans
declares that it would be impossible for
an army to pass around Rama and that
8 direct engagement would be necessary
to take that strategic point. t
ESTRADA'S NAVY INTACT
Report That the Venus Sank a
Gunboat Denied.
Bluefields. Nicaragua. May 23.— The
report that the steamship Venus, with
General Irias and Nicaragimn troops on
board, had sunk a gunboat of Estrada's
navy is absolutely without foundation.
All the vessels belonging to the pro
visional forces are accounted for. and
none of them has been even damaged In
an engagement.
KING TO THE COLONIES
Two Messages Promise to Up
hold Father's Policy.
London. May 23.— 0n the occasion of
the anniversary of Empire Day King
George has issued two gracious mes
sages to the colonies and India some
what similar in style to the message
which h,e addressed yesterday' to the
nation. In both he refers to his previous
visits to the dominions, promises to fol
low in his father's footsteps, uphold
constitutional government. safeguard
the liberties of the colonial empire and
devote himself to the well being of the
Indian people.
With reference t<> the rumors that it
is the intention of the Queen Mother
Alexandra in the future to reside in
Denmark, a court circular announces
that Alexandra, will always regan l Gng
iand as her home.
MORE RICTINGJN CORK
Twenty Sent to Hospitals After
Nationalist Fights.
Cork. Ireland, May 23. — Rioting was
renewed here to-night by the rival Na
tionalist factions. A large number of
persons were injured, twenty of them,
including several policemen, being sent
to the infirmaries.
BUILD FOO-CHOW COLLEGE
Methodists Organize to Give In
stitution to Chinese.
The Fukien University Association,
backed by New York and Philadelphia
clergymen and laymen, was organized
yesterday at a conference of Methodists
held at the Continental Hotel. The pur
pose of the association is to bui'd a col
lege for the higher education of Chinese
students at Foo-rChow, in Southern
China. Ten acres of land in the city of
Foo-Chow are proposed to be bought
and buildings erected within the next
two years at a cost of
The Anglo-Chinese College at Foo-
Chow is owned by Methoflists. but this?
is a combination school covering pre
paratory and higher academic work. The
new university will be distinct from the
present college and will have a campus
of its own. It is understood that the
Rev. Dr. John K. Gowdy, president of
th<^ Foo-chow Anglo-Chinese College,
will be president of the new institu
tion. .
Among those associated with the new
movement are the Rev. Theodore S.
Henderson. Charles T. White, R. H.
Baggs. Daniel Burke, the Rev. Robert
Bagnell, John D. Dunlop. P. H. Mur
dick. James R. Jay. Frederick Frost,
WHlis McDonald. Cha»les E. Burling
and Robert E. Harned.
INHERITANCE INTERESTSOLD
One Estimated at from $35,000
to $550,000 Brings $2,225.
Boston. May 23.- A man's interest in
a contingent inheritance, estimated to foe
worth from $35,000 to $550,000, according
to the number of other participants who
may or may not survive the heir in ques
tion, was sold to the highest bidder for
the sum of $2,225 by order of the court
to satisfy a judgment of $."00 in a local
attorney's office late to-day. It was th*
first instance of such a transaction in
this state.
The judgment was secured against
Franklin E* Ray. who. after his father's
death, will receive at le^st $33,000 from
his grandfather's estate Be recently
failed as a curb broker. Stephen K.
Jones hid in the interest, it is understood,
on behalf of members of the Fay family.
PNEUMONIA OF THE BRAIN
Philadelphia Physician Tells Medical
Meeting of Rare Case.
[By T>l<*Rraph to The Tribune. | .
Philadelphia, May 23.— A remarkable case
of pneumonia attacking the brain lnnread
of the lungs was reported last night by Dr.
Henry D. Jump at a meeting of the section
of general medicine of the College of Physi
cians. The patient. Dr. Jump said, was a
man twenty-two years old. He' was stricken
with pneumonia, but instead of th« germs
attacking the lungs they affected the brain.
A correct diagnosis was difficult, the doc
tor explained, and th» patient died. After
his death It was found that the pneumonia
had ' developed into meningitis. This con
dition is rare.
FIVE IN PERIL ON
BURNING STEAMBOAT
Leap Into Sound as Hundreds
Watch Blaze from Shores and
Many Boats Go to Rescue.
SKIPPERAND MATE STANDBY
Refuse to Quit Vessel Until She
Drifts to Shore. Endangering
Clason's Point and Other
Shipping at Dock.
Five men narrowly escaped death last
night when the steam lighter James A
Stranahan. owned by the Mct'onnell '■
Towing Company, of Harlem River and
f^'lHh street, caught fire in Long Islam!
Sound, off Clason's Point. The fir
h»«>ke out shortly after 7 o'clock, at a
time when many Sound boats going east
pass the point, and rumors that a larg^
pafcsenger steamer was on fire evanrdsd
the shores with spectators. Hundreds
of small craft started out from College
Point. North Beach and other resorts to
render aid.
The Stranahan was returning from
Glen Island, after putting ashore forty
Indians who are to be employed at an
amusement resort there in the summer
season. With a cargo of yellow pine
aboard the lighter .was ploughing along
the channel when the first mate, Percy-
Walsh, discovered fire in the bow. He
reported it to the captain, William Gui
lty, who ordered all hands on deck. This
brought up John Wilson, the engineer;
James Kane, his assistant, and Gus
Lebright, a deckhand.
Their efforts to extinguish the flames
proved unavailing, and Captain Gullev
told all hands to save themselves. Wil
son. Kane and Lebright ran to the star
board side to lower a lifeboat. As they
did so flames burst through the forward
deck, and the men let the boat go and
jumped into the Sound.
Explosion in Engine Room.
At the same time there was an explo
sion in the ensine room, and flames
broke out from the entire hold. Though
they knew they could do nothing, Gulley
and Walsh stayed by the lighter, at the
risk of their lives. Meanwhile the other
members of the crew had picked up the
lifeboat and were making for the shore.
The lighter was also drifting in toward
Clason's Point with the tide.
Sparks were flying all over the build
ings at that resort, and owners of prop
erty were exerting their utmost efforts
to prevent a conflagration. The Clas
on's Point Volunteer Fire Department
turned out and an alarm was sent in for
an engine from West Chester, four miles
away. This arrived two hours later, and
was followed by the fireboat Mc< Mellan,
from 92d street and the East River.
Meanwhile E. J. Gilligan, owner of a
place at the point. Clinton Stevens, jr.,
and others had started out into the
Sound in small boats to render aid to the
men on tht- hurning lighter. The three
men who had left the craft were able to
get to shore without help, and Gulley
and Walsh persisted in staying by until
the lighter either grounded or burned to
the water's edge under them.
Finally the lighter drifted in along
side Cowan's pier, where another lighter
was moored, also with a load of lumber.
Captain Oulley and his first mate then
h ft the Stranahan and helped several
persons on shore to fasten lines to the
burning vessel and tow her alongshore
to a point where she was less dangerous
to surrounding property. This was being
done when a fire engine and the McClel
lan finally appeared and put lines of hose
on the flames. The firemen found it im
possible to save the Stranahan. however,
and the fire did not die down until all
the cargo and vessel above the water's
edge had been consumed.
No One Badly Hurt.
An ambulance surgeon from Fordham
Hospital examined the cow of the
Stranahan. but could not find that the
nun needed anything more than stimu
lants and dry clothing, in spite of their
experience. He was called upon, how
ever, to attend a volunteer fireman, who
had sprained his w rist.
The James A. Stranahan was built in
Athens. N. V.. in 1882. She was of 1-7
tons gross and S." tons net. Her length
was 99.5 feet, and she hailed from New
York City.
Residents of Clason's Point were in
censed last night at the failure of the
Fire Department to give fhem the pro
tection that they applied for some tim?
ago. They said that only by hard work
were they ab!e to prevent the sparks
from the Stranahan from setting nre to
the buildings at the Point and causing
a loss of $r><MM>«Mk. it was two hours be
fore any apparatus arrived, although
Chief Croker, it was said, told those
who called upon him to appeal for pro
tection that a fireb«.at could make the
run to riason's point in twenty min
utes
IMMIGRANTS PROTECTED
Two Bills Signed to Safeguard
Foreigners Here.
Albany. May 23.-Governor Hughes signed
the bill of Senator Sullivan to-day, pro- j
viding for the licensing of private bankers
who do not operate under the provisions
of the banking law. The bill Is designed
to protect the savings of Immigrants, es
pecially those on the East Side of New
York. .who. It is said, have lost millions
of dollars in recent years. This measure Is
! the result of exposures made in The Trib
une of the frauds practised on immigrants.
The State, Controller Is authorized to is
sue a license after the applicants tile cer
tain statements and make a deposit with
the. Controller of $10,000. The bond is fixed
at from $10,000 to $50,000
The Governor also signed the bill of As
semblyman Folev requiring the licensing
of all persons selling transportation tickets
to or from* foreign countries. Railroads and
transatlantic, steamship companies or their
agents are exempt from the provisions of
the law. The controller is authorized to
issue a license on the filing of a bond of
$2.OiW» in first class cities and $1,000 in other
localities. Both acts take effect on Sep
tember 1. i> f .*'V;
$9.00 Niagara Falls and Return. — Tickets
by J>:h!sh \ alley Railroad May 27th to 29th,
gciod to return up to June Ist. Ticket
Offices 1160, 355, HO B'way & Hud. Term.
.- A<lV* -
-r-tT^-irir 1 AVI? rr iI7VTi 17VT Iffl C«r°* »~ York. Jer««T, City »nd Hobokm
I*HK UiMll 1 KM EI3EWHERK two COTS.
OLIVER SPITZER.
The convicted dock superintendent, par
doned by the President, who confessed
yesterday at the sugar trial and threw
a bomb into the defence.
Mopyright. 1910. by Paul Thompson.)
PALISADES PARK SAFE
Senate Passes Measures to
Secure Harriman Gift.
BOND ISSUE TO PEOPLE
Three Votes Lacking Early in
Evening Secured by Hard
Work.
■By Telopraph M Th<» Tribun* 1
Albany. May 23— Hard work done for
them in the last few days resulted to
night in the easy passage by the Senate
of the series of hills permitting the state
to accept the Harriman gift for the Pal
isades Park. These bills had already
passed the Assembly. One of them,
which provides for a $2,500. f.OO bond
i^ue, will have to be ratified by the
peoffi* at the coming election before it
LlLl— M -ff-tive. but their passage to
night fissures the state of the splendid
gifts of Mr- ■ -'.'nan and others, and
also makes certain of the appropriation
made by Xew Jersey for the park.
Early in the evening Senator Bayne
lacked three votes of the thirty -four
necessary to pass the tv>nd issue bill
which the Senate killed the other day.
He had seen several Senators who prom
ised to change their attitude. George W.
Perkins and J Dv Pratt White, secretary
of the Palisades Park <*omrnission. were
hard at work with others. Late to-night
they found they had the requisite num
ber of votes. So Senator Bayne called
from the table his potion to reconsider
the vote which killed the bond issue bill.
Senator Grady announced that he would
lat.se into meditation. H« did. and the
ycte was reconsidered.
Then Senator Bayne read a series of
telegrams from George F. Kunz? presi
dent of the American Sceni-- and His
toric Preservation Society, the Municipal
Art Society of New York. John •J.
Agar and others urginsi the passage of
the measures. There was no debate. The
bond issue bill was passed by a vote ef
44 to .">. Senators Allen. Cobb and Hin
man voting against it. The bill psr
mittin,: the state to accept the Harri
man gift, and a gift of ftJBMfiM with it.
was passed by a vote of 4.". t" -. Sena
tors Cobb and Hinman in opposition.
The measure authorizing the abandon
ment of the Bear Mountain prison site
passed unanimously. A fourth bill, ex
ten.Mng the jurisdiction of the park com
mission, was passed. 4."» to 2.
Senator iiayne anil Mr. Perkins and
Mr. White expressed themselves as
much gratified with the result.
"I am sure .the. people of the stat"
and country." said Mr. Perkins, -will
commend the action of the Legislature.
An appropriation of fMHMIM by th<>
New Jersey Legislature and other gifts
aggregating about $L\.Tt»>.«M> we^>
hanging in the balance, and would have
b«-en forfeited had the bills been de
feated." %
ATTACK ON LtJTHER BUKBAXK
Professor East, of Harvard. Objects to
'Statements in the Press.
; s (By I>t«-«ra;.h to Tlw Tribune. J j
Cambridge. Mass.. May 23.— Professor E. !
M: K?st. of Harvar-1, University, lecturing :
before the Bussey Institute yesterday and
discussing horticulturists' and .their works,
spoke of Luther Burbank_ as a man who
had eained a great part of his reputation
through public print of so-called discove ries
which were in reality old. Professor East
believes that the scientist who works, with
out heralding i* the man who does real
work Concerning Mr Purbanlt» Professor
East said: "These" men. who would t>»»
little heard of otherwise, have become
widely known through the medium of ener
getic press agents. Mind. I do nor mean to
belittle any real achievement they may
have made.
"The wohilerberry. which Luther Bur
bank s*atd he evolved as a new species, Is
in reality an old species well known to
botanlJts and horticulturists. There was
nothing new about it. yet Barbank and his
wondei berry were th« recipients of Innu
merably press notices. And* so with the
white blackberry."
HAIL DRIFTS TWO FEET HIGH
Remarkable Feature of Texas Cloud
burst and Windstorm.
Ida. Tex., May 23.— A1l streams In thl*
region are overflowed .as the result of a
cloudburst to-day. A farmhouse was
blown away/ by twisting wind that accom
panied the rain. "Hail last night ruined
much cotton and hundreds of fruit trees.
Hall drifts more "than two feet high were
found to-day. •>.
SURER, PARDDN IN
POCKET. IN COURT
Confession. Secretly Made. Leads
to Arrest of Former Treas
ury Man for Perjury.
HEIKE'S COUNSEL STUNNED
Answer to Cry of "Incompetent" •
First Intimation of President's
Action to Any Save Happy t
Federal Lawyers
What the government counsel in the
sugar fraud cases had been laboring 1 for
since last December came to pass yes
tcrdayi in the Criminal branch of ttie
, I'mtr-.; Stated Circuit Court. OHve«
Spitzer, former dork superintendent of
the HavemeyeV & Oder refinery In
j Williamsburg, convicted last Dec rintser
and sent to Atlanta in February, con
fessed. When his competency a3 a wit
ness was questioned by counsel for the
defence he pulled a i*r!on by President
Trfr from his pocket. It was da
| May 10, 1910.
h-pitzer. illustrating frequently en the
model scale in the courtroom. afav-^ tes
timony that he had been employed by
the American Sugar Refining Company
for twenty-nine years, began as m
(checker, and in 1594 was promoted to,
superintendent of the docks; htl the
checkers use bags containing lead an # i
roll the ball on the scale beam :> influ
ence the weights against the Bjswsfß*
: m«n..
Then came the ■ time when the scales
were boxed. Spit^er devis-d the ste*l
spring, bored the hjles in the stanchfona
I of seventeen scales, for its use. got extra
pay lex the checkers who uar<} the de
vice fr. :n F^rnect Gtrrracht. fornier su
perintendent of th«» Havemeyer & Elder
refinery: saw James F. Bendernagle.
former cashier, about marking the pay -
envelopes less than the amount in each;
got his salary and the wages of the
accused checkers from Mr. Cerbracht
after indictment and ur> Is his convic
tion. He said further that the weights
of the raw sugar upon which duty «M ]
t >aid were ti"t used in the Wat street
[offices of the company.
Excepting the rayment of salary and
■ wages, the nrarJ»iiis of the pay envelopes
ar.d the testimony about the use of
! weights the same testimony wa* given
' last week by Frederick Schwerdtfeger,
a former checker «.f the company.
I Arrest Result of Confession.
Long after court adjourned one result
of the confession of Spltwr cam* in tht
, arrest of James O. Brsezinski, a former '
Treasury employe, who had worked un
i j der the direction of Richard Parr when
the raid was made on the refinery docks
on November 20, 1907, on a charge of
perjury- After the raid Brzezin-ki wa*
not available as a witness for th^ gov
ernment, and at the trial of Spitzer in
Brooklyn in March, Ml on a cnar??«» of
bribery, the Treasury ' employe refused
Is testify and acquittal followed. Mr.
j Parr's unsupported testimony could not
convict. Brzezinski was dropped from
, the service.
The call of Spitzer to the witness
j stand yesterday came with stunning
suddenness of the/lefence. The prosecu- •
j tion had played its cards well. Nor an
j inkling of the move had leaked our.
The President pardoned Spitzer last
Thursday. That was kept secret at
1 Washington. The convicted man"* de
, parture from the penitentiary at Atlanta
was concealed, too. His arrival at th*
. Fssex County penitentiary at Caldwcll.
N. J.. was not heralded.
"Oliver Spitzer !"
The setting in the courtroom was of
the usual sort. Counsel for the de
ft ndants, - Charles R. Heike. secretary
of the American Sugar Refining Com
pany; Ernest Gerbracht. former superin
tendent of the refinery; James F. Ben
tiernagel. former cashier; Harry Walker,
former assistant of Spitzer, and the for
' mer checkers. Jean M. Vcelker and
James F. Halligan. were sitting list
lessly.
When • the name was called by the
court clerk on signal from Henry I—
Stimson. special prosecutor for the gov
i ernment, the opposing counsel. John B.
i Stanchfield. George M. Mackellar,
George. Graham and Henry F. Coch
rane. started violently. They looked at
the court, at Mr. Stimson and then
: around the courtroom. The name *a?
called again. - Then one of the deputy
1 marshals hurried into the corridor and
i shouted "Spitzer!" at the top of his
r vcice.
Spttzer a Different Man.
Spitzer was in custody in a nearby
room, and came out leisurely by the side
of William J. Flynn. head of the Secret
Service agents in this city. Spitzer
■ looked serene; when sentenced, ftv»
months ago. he was ill and dejected. He
! walked briskly. When he wa3 led away '
I after sentence had been passed upon him
!he had walked with evident pain. It
i was another Spitzer who entered the
courtroom, counsel for the defence
I half rising, and the spectators on tip
toe. He shook hands with Judge Mar
tin and took the oath as a witness.
There was immediate objection . from
Mr. Stanchfleld. from Mr. Mackellar.
%vho had been Spitzer*s counsel at the
firmer trial, and from Mr. Cochrane. r
He was "incompetent." they said. Very
suavely. Mr. Stimsotr asked the wit
ness:
"Will you please state in what way
you are qualified to testify her»» '*"
• Yes. sir. I have been pardoned by
the President of the United States." and
with a flourish Spitzer pulled the docu
ment out of the pocket of his coat-
There was no further objection regard
, Ing his competency to testify. The blow
had reduced the array or legal talent on
the aid* of th© defence to helplessness)
for the nonce.
Spttzer was th© master mechanician of
th© steel spring with which the check
| ers on th© docks had manipulated th*
. weights of raw sugar weighed for the
purpose of assessing the tariff duty. It
was this spring that caused a loss of
many millions of dollars to the govern-