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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, May 28, 1910, Image 4

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Commerce Commission May Con
trol Telephone and Telegraph.
Clause to Prevent Consolidation
of Railroads Put Over for
Consideration on Monday.
I From Tb» Trn»un« Bureau.'
• TTashington. May 27.— The Senate made
further prorreas on the railroad bill to-day.
but' it i? Rpparent that a final vote will
not be taken before Monday or Tuesday.
- T.*fe this afternoon an amendment was
offered by Senator Brown to prevent the
consolidation of competing lines M rail
roads. Mr Brown co-operated with the
Insurgents In the tariff fight, but has
-n'r.ed with the regulars in his votes on
the railroad bill. His amendment " to-day
came as a surprise to the friends of the
/bill, some of whom were hopeful that a
final vote might be taken to-day. The lead
er* have not had an opportunity carefully
to examine the Brown amendment, and it
1* not likely that It will be considered until
Senator Lorimer is slated to address the
Senate to-morrow on the bribery charges
s«ralnst members of the Illinois Legislat
ure, and eulogy exercises will be held when
he conclude?.
Practically all of the debate to-day cen
tred on the Dolliver amendment providing
a plan for the regulation of railroad capi
talisation. Senator *'• ' -•• spoke at length
In favor* of his amendment, which was ad
vocated by Senator. Newlands. Senator
Hughes opposed the amendment and took
sharp i!>!«ue with Senator Newlands that
the Dolliver proposal was along the lines
Of legislation favored by the Democratic
party. Senator Stone spoke in favor of th»
Dolliver amendment.
Replying to the Dollivcr speech. Senator
Elklns said he favored '.he principle of con
trolling railroad capitalization, but de
clared it was a question of areat ssacni
tude. There was danger of infringing on
the powers of the states to create corpora
tions, and while the Dolliver plan had
na..y good features it was so complicated
as jo make it difficult to understand. It
was not practical. Mr. Elkins said, to enter
upon this punject at the present session.
On a yea and nay vote the Dolliver
amendment was defeated, 47 to 19. The
following Republicans voted for the
amendment: Senators Beveridge. Borah,
Bourne, Brlstow. Brown, Burkett, Burton,
Clapp. Crawford. Cummins. Dixon, Dolli
ver. Gamble. Jones and La Follette.
Senator Dlxon then offered the provision
cf the House bill relating to the regulation
CT telephone and telegraph companies. It
•was complained that this amendment, cov
ering nine pages, was so long and compli
cated that it would be Impossible for the
Senate to consider it for several days. Sen
ator Brandegee's motion to table the
amendment was defeated. 37 to 22.
Senator La Follette then offered an
amendment of three or four lines giving
the Interstate Commerce Commission Juris
diction over telegraph and telephone com
panies engaged in transacting interstate
business. When this had been amended, at
the suggestion of Senator Heyburn, to ex
clude corporations transmitting messages
\y wireless telegraphy it was accepted by
Senator Elkins.
The suggestion for the inclusion of tele
graph and telephone companies within the
control of the Interstate Commerce Com
mission was made by Senator Dlxon, of
Montana, but ultimately his amendment
was superseded by one in simpler form
which was offered by Senator La Follette.
The Senate reached the voting stage at
4 o'clock after an animated debate, which
was carried on largely on the Democratic
fide of the chamber, and which dealt espe
cially with the question as to whether the
r >i;iver amendment regulating the stock
and bond issues of railroads was in accord
ance with the last Democratic platform.
It had been supposed that action on
the Dolliver provision would be followed
by votes on the physical valuation amend
ment offered by Mr. Ea Follette and the
national Incorporation amendment of Sena
tor Newiands. When, therefore. Mr. Dlxon
was recognized to present his telegraph
amendment, come surprise was manifested.
Senator La Follettc's amendment, which
was finally adopted, was as follows:
That telegraph and telephone companies
Oxcert uiieleev) transacting an Interstate
business are hereby placed under the su-
MrvtsKm and control of the Interstate
Commerce Commission, subject to the pro
visions of an act to regulate commerce ap
proved February 4, ISS7. which are appli
cable hereto
Abandoned Bark Drifts Across Region
— Blow to Superstition.
"Washington, May 27.— The hydrographic
offlce has a case of more than usual In
terest, an abandoned ship having drifted
westward for eleven hundred miles through
IBM middle of the Sargasso Sea. This sea
IB an egg shaped area in the latitude of
Florida, beginning pome four hundred miles
east of Jupiter ann" extending thence east
erly for tssJsttsCß hundred miles to about
th* 29th meridian. It Is marked by an un
usual quantity of seaweed, and traditions
find popular writings have placed in it all
kinds of floating wreckage. including aban
doned ships. Navigators, however, have
found no trouble in travel it in every
direction, and the drift of the- abandoned
Norwegian hark Crown, above referred to,
tends to dispose of superstition. The
Crown left Nova Scotia early last Decem
ber for the coapt of Brazil, s«he lost her
rudder and sails. Her crew abandoned
her the day alter Christmas, and she has
been kept afloat since then by her cargo
of lumber. •.--,:-!
On December 2S this wreck was in mid
ocean, near the eastern *>nd of the Sargasso
Sea. and in three month? had drifted west
ward more than seven hundred miles. On
April 23 she was sighted Gar the fourth
time, being then in latitude 'A degrees 19
minutes, longitude 64 degrees M minutes, or
BUsT miles due south of Bermuda. Her total
drift was more than eleven hundred miles
In the IIS days succeeding the date of her
abandonment, thus averaging ten miles a
WiiJ Review Parade of More than Eight
Thousand Persons There.
Boston. May rr — President Taft will cele
brate the Fourth of July this year by re
viewing In this city a parade 'of more than
eight thousand persons assembled under
the direction of the "Boston 1915 Move
It is the intention of the "Boston 19: V
commit: «c which Is to take charge of the
local Independence Day celebrations this
year to have the President act as a Judge
Of the noise eliminating method* which
th- committee will Introduce for the ob
servance of the holiday. The parade will
b«« divided into several sections, each
division showing the different ways In
•which Independence Day has been ob
served since July 4. 1776.
The programme for the entertainment of
President Taft while he is in Boston has
not been definitely arranged, . but it Is ex
peeled that a banquet will be held in his
tonor in the \.:.... m .
[From The Tr!V.:ne Bureau.]
Washington. Ma. 27.
President Taft I* Bttll optimistic regarding
the. success of his legislative programme.
He has expressed to friends to-day his con
fidence that the railroad bill, the state).
bill, the conservation bill and the postal
savings bank bill will pass. Anti-injunc
tion legislation he expects to see go over
until next session. if Mr. Taft actually
secures the enactment of even two of the
measures on his legislative programme he
will be accomplishing considerably more
than any of his predecessors, for. although
it Is natural to see past administrations
only in the perspective, an examination of
the records reveals the fact that few of
them have succeeded In obtaining I the
actual enactment of any measure of im
portance during the first regular session of
Congress after their inauguration. This
was notably the case in the administration
of President Roosevelt. It was not until
he had educated public sentiment, as well
as that in Congress, In favor of the meas
ures whlth he advocated that he secured
the enactment of any of Importance.
Of course, those Presidents who have
called special sessions of Congress 10 enact
a tariff law have obtained legislation on
that subject, but that Is In a class by
Itself. Rarely have others secured legisla
tion on which the preliminary work had
not been all done before they entered office.
Mr. Taft will regard the enactment of the
pending Interstate commerce bill as a nota
ble achievement, even 'f it be shorn of the
provisions authorizing traffic agreements
and requiring federal control over railroad
securities, and the thinking public will
agree with him. As has been pointed out
editorially in The Tribune, the work of
clinchii^r file policies of a predecessor is
not the less necessary because it is less
spectacular, and those who have taken the
trouble to study the subject realize that the
legislation contained in the railroad bill as
It will pass the Senate is essential to the
clinching of the Roosevelt policy of federal
control of railroad rates.
Jent takes the view that it is still too early
to give up hope that the sections of the
interstate commerce bill which provide for
federal supervision of railroad securities
may be enacted. The House has amended
these sections, and while they havo been
stricken out in the Senate, there Is little
doubt that the House conferrees will mako
an earnest effort to save them, an effort
which may be successful, as the President
heartily favors them, and as the Senate
may prove more willing to accept a con
ference report which contains them than U
was to vote for the proposition in detail.
The President is confident that an accepta
ble postal gavings bank bill will be enacted
and indicates a preference for the House
measure to that which passed the Senate.
He believes the comprehensive but suppl'.'
conservation bill, the withdrawal bill, which
has already passed the House, will be
amended by the Senate, and thinks this can
be accomplished by taking it up immedi
ately after the rai'road bill is sent to con
ference and before the statehood bill. It is
obviously the policy of the President to hold
out for all the measures on his legislative
programme to the end, possibly with the
hope that he will get at least half. As has
been said, even half would constitute a
notable showing for the first regular ses
sion after his inauguration.
passed just one really Important measure
during the session which succeeded Mr.
Roosevelt's accession to the Presidency—
the Panama Canal bill. That was the first
canal bill, although the subject had been
cebated in Congress for several years. The
bill passed in that year delegated to the
President the authority to choose between
the several routes proposed. There was
some Philippine legislation. The war taxes
were repealed, Chinese exclusion was re
enacted, not at the demand of the Presi
dent, but rather against his best judg
ment; the excessive tax on oleomargarine
President Appoints Fred W. Car
penter Minister to Morocco.
[Fr:>m The Tribune Burea-i j
Washington. May 27.— Fred W. Carpen
ter, secretary to the President, was to-day
appointed Envoy Extraordinary and Minis
ter Plenipotentiary to Morocco. The ap
pointment was made upon Secretary Car
penter's own application because of the
state of his health, which has suffered from
the heavy duties which, as secretary to the
President, he has had to perform.
President Taft loses the services of one
who has been closely associated with him
for nearly twelve years. The President
had the greatest confidence in his secre
tary and a strong affection for him, and
twice took him around the world with him.
Mr. Carpenter served as secretary to Mr.
Taft when he was Governor of the Philip
p'nes. when he was Secretary of War, dur
ing the Presidential campaign of 1908 and
since the President's inauguration in the
responsible position of secretary to the
President of the United States.
Mr. Carpenter who, like Secretary Cor
telyou, came to be known as a "silent sec
retary," has performed the manifold re
sponsibilities of his high ofllcp With credit.
He is generally liked by public men, and
is highly respected by his associates and
all those with whom he has come in con
The President was most reluctant to part
with him, but realized the fact that if Mr.
Carpenter retained the onerous position of
secretary his health might be seriously im
paired. Thos«» who have heard the Presi
dent's oft-repeated remark, "1 love Car
penter," realize how firm a place the youn?
jiian had won in the affections of his
The secretary will make c trip to Sauk
Centre. Minn., his home, to spend a short
time with his mother before Bailing for his
new post.
House Republicans Agree on a Few
Minor Amendments to Bill.
[From The Tribune Bureau.]
Washington. May 27.— At the third caucus
of the Republicans of the House, heid to
night, an agreement was reached on all
provisions of the postn! pavings bank bill
exc»pt Beet on 9.
This Is the section r«;at!r:g to the dis
position of deposits in national and state
banks. There is a wide difference of opin
ion as to the amount of thwe deposits that
6ha!l be subject to the call of the govern
ment. More than thirty amendments to
Section 9 have he-en offered.
Another caucus will be lie!d on Wednes
day night, when an effort will be made to
have a full attendance of Republicans, and
it is hoped that an agreement may be
reached no that action on the bill can be
taken in the House before the end of next
Various minor amendments were adojtted
to-n!plit and many others were voted down.
Among the amendments defeated was one
by Representative Snapp providing that
postal deposits shall not be subject to gar
nishment «n.i shall i.<> exempt from tax
Washington. May n.— President Taft to
day sent to the Renate nominations In
cluding the following:
C.-.ited Mates Ju<lse, Eastern Texas -Gor
don Kii6feil.
fnited States Attorney, Minnesota L>is
trict-Chaxles C Hcupu
was laid at the demand of the farmers
and the irrigation act. which also had long
been debated, was enacted. It was not until
late that the first of the Roosevelt policies
was enacted Into law. •'. : . ;;\
resignation of Fred Carpenter, secretary
to the President, leaves vacant one of tho
most .Jifflcult posts which the President has
I to fill, a post which calls for wide knowl
vilpf. infinite tact, unceasing energy and an
unerring political sense. As the country
has increased in size. Congress has become
larger and the responsibilities of the Ex
ecutive have been augmented far beyond
the realization of the vast majority of the
people, the responsibilities of the Presi
dent's secretary have increased proportion
ately. Not the least of his difficulties is
the handling of the press, whose repre
sentatives come daily to the White House
eager to get and print the facts, but too
often under, or at least feeling, the neces
sity of printing something. The secretary
to the President is constantly confronted
on the one side by the necessity of treat
ing as strictly confidential the affairs of
the White House, and on the other by the
desire to keep the newspaper correspond
ents sufficiently weli informed to save them
from error or from being deceived by de
signing enemies of the administration. The
proper classification of the Presldert's
callers, the almost instinctive detection of
the man whose mission in of sufficient im
portance to warrant the personal attention
of the Executive and the political percep
tion which is in constant requisition, added
to the inevitable mass of detail which oc
cupies most of the secretary's waking
hours, are sufficient to constitute a demand
on the powers and a strain to the consti
tution of a man far more robust than Mr.
Carpenter, and the pace which has been
eet by Secretaries Cortelyou and Loeb is
not an easy one to follow. There is, of
course, much conjecture regarding Mr.
Carpenter's successor, and Assistant Secre
tary Norton and Assistant Secretary Hillis.
both of the Treasury, are understood to be
under consideration.
THE BTREAT" OF MlNES.—Representa
i tlve Tawney, chairman of the Committee
ron Appropriations, estimates that it will
I require $121,700 for the maintenance of the
new Bureau of Mines, of which $54,000 is
I for salaries and the remainder for general
, expenses. Mr. Tawney believes that after
i this year the annual expenses of the bu
| reau need not exceed $70,000. but the in
| stallatim of the offices will occasion heavy
j expense the first year. Dr. Holmes, of the
1 Geological Survey, continues to be the most
! active candidate for the post of chief of
: the bureau, and while there is some reason
to believe that his close association with
ex-Forester Pinchot and his antagonism to
j Secretary Bailinger may operate against
j his success, he Is valiantly mustering a
large amount of political influence, which
i may prove sufficient to outweigh the preju-
I dice which the President is supposed to
entertain toward any one closely affiliated
I with the alleged conspiracy, or with those
who have promoted it, against his admin
TION.—The creation of a department of
transportation is being urged by Repre
sentative Sulzer, and he appeared before
the Committee on Interstate Commerce to
day to urge his measure. Mr. Sulzer mod
estly told the committee that he was the
author of the first measure which attempt
ed to deal adequately with the transporta
tion problems of the country, and inti
mated that the members might win ever
lasting glory by displaying sufficient per
spicuity to report it to the House and cause
its adoption. The measure transfers to the
proposed department most of the duties
which now reside in the Interstate Com
merce Commission. H. B. Martin made a
spread-eagle argument in favor of the
measure and impressed the committee so
strongly that it is a safe prediction the bill
I will not be heard of again this session.
G. G. H.
Proposal to Restore It in Homes
Defeated in Congress.
[From Tbe Tribune Oureau.]
Washington. May 27.— An attempt by Rep
resentative Keliher. of Massachusetts, to
restore the canteen in soldiers' homes was
defeated In the House to-day by a large
Mr. Keliher proposed an amendment to
the sundry civil bill which made it permis
sible for soldiers' homes in "wet" districts
to sell liquor. He declared that the per
centage of intoxication among the old sol
diers has increased greatly since the anti
canteen law was passed, and he submitted
a number cf statistics to prove that the
increase has been greater in homes which
are situated in Western districts. The
amendment was bitterly opposed by Rep
resentative. Sims, of Tennessee, and other
An amendment offered by Representative
Tawney increasing the appropriations for
rations for the soldiers' homes was adopt
ed. Mr. Tawney grudgingly admitted that it
was necessary because of the higher cost
of living.
Oklahoma Attorney General Calls Rail
road Proviso "Infernal."
St. Paul. May 27.--Speaking on the federal
railroad bill at tne convention of the At
torneys General Association here to-day.
Charles West, Attorney General of Okla
homa, attacked one of the provisions of
the bill as "revolutionary, ill-advised and
The object of Mr. West's attack was the
proposed amendment (Section 1 of the pres
ent interstate commerce act. Section 6A
of House bill mentioned) In which it is
proposed to omit the proviso containing
this language: "That the provisions of
this act shall not apply to the transporta
tion of proprty or to the receiving, deliver
ing, storage or handling of property wholly
within one state and not chipped to or
from a foreign country from or to any etate
or territory aforesaid."
"I am here with the entire strength of
my Insistence." said Mr. West, "to etate
that It is revolutionary, ill-advised Rnd
infernal. Not only that, it is dangerous
both to the railroads and to those who pro
pose it. if it Is adopted it may lead to a
conclusion that the entire law shall be held
unconstitutional. The proviso proposed to be
Omitted is that which expressly limits the
authority of the Interstate Commerce Com
mission to Interstate trade or to trade be
tween the states and foreign nations."
Defeats Hale in Five. Wards in Port
land. Me., in Congress Fight.
Portland, Me.. May 27.— Asher C. Hinds,
parliamentarian of the national House of
Representatives, won a partial victory over
Frederick Hale, son of United States Sen
ator Eugene Hale, by securing the dele
gates from five of the nine wards In this
city in the Republican caucus to-nigiu to
sleet delegate* to the Ist Congress District
The struggle between these two leading
condldates to succeed Congressman Amos
L. Allen, who has refused to run for an
other term, has been one of the most hotly
contested in the history of the state, with
powerful Influences lined up on either side.
The contest will be carried Into the other
caucuses, which will be held Boon through
out the district, which comprises the coun
ties of Cumberland and York. The nomi
nating convention will be held on June 30.
President Grieved at Reflection
Upon Its Hospitality.
Tells Appropriations Chairman
His Welcome in Southern
States Was Lavish.
Washington. May 27.— President Taft to
day sent to James A. Tawney. chairman
of the House Committee on Appropriations,
the following letter regarding expressions
in the House yesterday during a debate on
the t: celling expenses of the President:
I am deeply grieved over the phase which
the discussion of the appropriation for tne
travelling expenses of the President took
yesterday. I think it is a legitimate argu
ment in favor of such an approbation thai
Congressmen and many others press the
acceptance of. invitations to visit their sec
tions and districts, because the urgency of
such requests indicates the opinion on the
part of the people that one of the duties
of the President is to visit the people in
their homes. r V : "Vv- » ♦*,».
But the intimation or suggestion that the
acceptance by Congressmen of the Presi
dent's invitation to travel on the train with
him in their respective districts or states
was a reason why they should not vote
their free opinion on the question of such
an appropriation is to me a most palnrm
one. In travelling upon the train they
were not receiving my hospitality— tne>
were only making a little more elaborate
the cordial welcome which they as Rep
resentatives of ihelr districts wished to give.
The feature of the discussion yesterday
which was especially distressing to me was
a suggested reflection on Southern hospital
ity. The Intimation that somewhere in the
South board was charged has no founda
tion in fact, and I never heard it intimated
until I saw it in this morning's paper.
In all my experience— and I have enjoyed
the hospitality of many sections and coun
tries of the world— l never had a more cord
ial, generous, open and lavish welcome than
I had in the Southern States during my
trip, and the slightest hint that puts me in
the attitude of a critic of that hospitality
gives me great pain. , .
I am going to take the liberty of making
this letter to you public.
Following the receipt of President Taft's
letter. Representative Tawney issued a
statement Baying that the colloquy on the
floor yesterday between himself and
Southern members regarding "Southern
hospitality" had been distorted. Mr. Taw
ney's statement follows in part:
It Is ridiculous to suppose that I would
reflect privately, much less publicly, upon
the floor of the House of Representatives,
upon Southern hospitality, which is pro
verbial, and than which-as I can sa>
from experience— is nothing more
cordial or more generous to be imagineu.
But I agree with the statement of 1 rest
dent Taft in his letter to me to-day that
"it is a legitimate argument in favor or
such an appropriation that Congressmen
and many others press the acceptance of
Invitations to visit their sections and dis
tricts, because the urgency of such re
quests indicates the opinion on the part or
the people that one of the duties of the
President is to visit the people in their
homes." spoken of a man who woul^ ocU .
I had spoken of a man who would asK
the President to be his guest, entertain
him and then criticise him 'or making the
visit, as 'in effect charging him .. boa "j-
Mr. Bartlett. of Georgia, evidently mis
understanding my remark then demanded
to know of a single instance where the
President was charged board, and Repre
sentative Hamer. of Idaho, before I could
reply, injected the facetious comment that
he thought it was in Georgia. .
Of course the President was never
charged for his board when the guest of
any one, in Georgia or anywhere else s and
no such allegation was made. The I rest
dent after reading the morning papers. sa>s
in his letter to ml that "the intimation that
somewhere in the South board was
charged has no foundation in fact, and I
neve? heard it intimated until I saw it in
this morning's papers."
Officers Used Steamers as Pleas
ure Yachts, It Is Said.
[From The Tribune Bureau.]
Washington, May 2T.-The forthcoming
investigation of the Coast Survey may
prove sensational if some of the disclosures
promised by certain New Yorkers who rep
resent the mercantile marine interests and
who are behind the project for official in
quiry can be substantiated.
The hearing before the Senate Committee
on Commerce on Thursday was devoted to
a recital of allegations which, if supported,
would probably lead to a complete reor
ganization of the Coast Survey offices in
Washington and elsewhere, and result In
the discharge of some more or less im
portant officials and employes, and per
haps the merging of the Coast Survey with
the navy. The naval authorities have, for
the most part, taken no active part in the
demand for investigation, as it is not de
sired to Influence Congress.
For some time information has been col
lected by critics of the Coast Survey with
a view to stimulating committee action on
Senator Depew's resolution introduced last
January, and which contemplates the crea
tion of an investigating body which Is to
be composed of a representative of the
navy, another of the Revenue Cutter Ser
vice, a third of the Coast Survey and one
or two others from the merchant marine
At the committee hearing on Thursday
the allegations wer.» Interrupted when the
committee felt that there were sufficient
charges made to Justify a favorable re
port upon the Depew resolution. Among
the charges made Is that the Coast Survey
steamer Bache ha* been used during a
large part of its service as a pleasure yacht
for the families of officers. On one occa
sion, it is alleged, -che vessel was kept fur
more than fifty days continuously in Bos
ton Harbor as a sort of floating play
ground for the chldren of the officers. A
similar charge Is made regarding the
Coast Survey steamer Pathfinder, on duty
in the Philippine Islands. It is also al
leged that the laundry work of the families
of officers has been done at government
One statement made before the Senate
committee related to extravagance, and
statistics were produced to show an in
crease in expenditures amounting to nearly
$2,000,000 In the last two years, notwith
standing the fact that naval o.Ticers who
formerly served -vith the Coast Survey
have been withdrawn from that class of
There is a disposition at the Department
of Commerce and I^abor to deprecate these
charges, on the ground that no one of
them can be sustained and that they are
merely the Idle gossip of malcontents.
Senator Smoot Tells of Higher Prices
and Greater Comforts.
Washington, May CT.— Presenting a series
of tables, Senator Smoot addressed the
Senate to-day on the condition of the farm
ers of the country as compared with their
condition in 1898.
"While the prices of practically all com
modities have shown some advance duslng
the last few years." he said, "the products
of the farm show a much greater advance
than do the prices of the products of mines
and fnctorles." He g:»ve the following
blie.-iir.tn Increases.
Corn, 110 per cent; wheat. US j>er rent; cot
ton U per cent; oats. 181 per cent; r> c, 117
per cent: barley. 126 per cent; hay, 49 per
cent; bops. 240 per cent: r-otat«. e s. 73 per
cut! rti.xweed. U2 per cent: fat cattle, SI
j.er cent; fat hogs. 172 per . ent : dairy but
ter. r,7 per cent, and eggs, 107 per cent.
Commenting on the general conditions,
Mr. Smrot said:
The financial condition of the *rain raiser
of the Northwest, the general farmer of the
Middle West and the cotton planter of the
ith is letter than ever before. Ftnan
.•tally the farmer has become Independent.
The rural free delivery and the telephone
have placed him in touch with the world.
and he is as familiar with current events
as 13 the city dweller.
Lawyers for Both Sides Review
Evidence at Length.
Arguments of Attorneys Opposed
to Secretary Related Chiefly
to Alleged Unfitness.
[From The Tribune Bureau.)
Washington, May 27.— Arguments In the
Balllnger-Plnchot hearing were begun to
day and will be concluded to-morrow.
Louis D. Brandeis and George W. Pepper,
counsel for U R. Glavls and Glfford
Pinchot. respectively, opened the case for
the so-called "prosecution," Mr. . Brandeis
talking for a little more than two hours
and Mr. Pepper for an hour. They were
followed by Judge Vertrees, counsel for
Secretary Ballinger, who talked for an
hour and forty minutes. He will conclude
at the morning session to-morrow, and
about an hour each will be allowed Messrs.
Brandeis and Pepper for rebuttal argu
ment. The committee will not take up the
case for consideration. for fifteen days, and
In the mean time the lawyers will file
The changed position of the critics of
Secretary Balllnger was - strikingly dis
closed in the arguments of Messrs. Bran
deis and Pepper. Neither made any charge
or corruption against Secretary linger
or any other official of the Interior Depart
ment. They declared that the case against
him went solely to his fitness to preside
over a great department of the government
and to carry out the policy of conservation
as developed by Secretary Garfleld and Mr.
Mr. Brandeis went over the evidence
bearing on the Cunningham coal claims,
and declared it showed that Judge Bai
linger was not a safe trustee for the peo
ple's property. He paid a glowing tributa
to Glavis, saying he was an ideal public
servant whose discharge was tantamount
to a national disgrace. Kerby, the confi
dential stenographer who made public let
ters written by Secretary BalMnger. was
extolled by Mr. Brandeis. He was entitled
to the admiration rather than the condem
nation of the American people, Mr. Bran
oeis insisted.
Mr. Pepper's Argument.
Mr. Pepper laid down ■ three general
propositions in his argument. He said that,
first, the course of the Interior Department
under Secretary Bailinger has been char
acterized by a lack of fidelity to the public
interest; second, that Secretary Bailinger
is not only technically and officially but
actually and substantially responsible for
what occurred in the department; and,
third, that President Taft would not have
found himself irrevocably committed to an
indorsement of Secretary Bailinger 'if he
hr.d not been successfully deceived at criti
cal moments as to what was going forward
in the department."
In opening Judge Vertrees said he found
if difficult to answer both Mr. Brandeis and
Mr. Pepper, inasmuch as each seemed to
take a different view of the kind of man
Secretary Bailinger is. Mr. Brandeis spoke
of Mr. Baliingf-r as an unfit man for Sec
retary of the Interior because of his irreso
lute character and his constant yielding un
der pressure. On the other hand, Mr. Pep
per referred to Mr. Bailinger as a stron*
and resolute man, who dominated the In
terior Department and compelled his sub
ordinates to do his bidding. Judge Vertrees
suggested that the critics of the Secretary
apparently wanted to catch him "coming
and going."
Judge Vertrees discussed at great length
the history of the controversy between Sec
retary Bailinger and his critics. He re
ferred to these critics as the "Glavis, Gar
field. Gifford group," and declared that the
crime of Mr. Bailinger was his refusal to
carry out not the Roosevelt policy of con
servation, but the "unlawful Garfleld prac
tices," which were predicated on the propo
sition that a government official has a right
to do everything not specifically prohibited
by the law.
Judge Vertrees declared that the con
troversy was started with good intentions
and had its origin in an honest difference
of opinion. This was the programme until
it became known that Mr. Garfleld was to
be succeeded as Secretary of the Interior >iy
Judge Bailinger. When the ambitions of
Mr. Garfle'd and Mr. Pinchot were shattered
there was desire for revenge. Judge Vertrees
snld, "and they undertook to drag down a
man they knew to be doing what he thought
was right."
Mr. Taft's Conclusions.
Aft«>r reviewing the attitude of Secretary
Bailinger toward the so-called "Garfleld
currency." the co-operative Indian agree
ment and the, reclamation service, Jude;?
Vertrees declared that the things done by
Judge Balllnger had the specific and posi
tive approval of the law officers of the gov
ernment. He read from President Taft's
letters to MY. Garfleld for the purpose of
showing that the President made an inde
pendent investigation of the questions as
well as the question of the power of with
drawal of public lands and reached a de
cision that Judge Bailinger was right and
Mr. Garfield was wrong. In view of this
fact it was not within the province of the
committee or anybody else to censure Sec
retary Balllnger, for he was carrying out
the orders of his chief and conforming to a
policy -which had the approval of the Presi
dent of the United States. It would not do
to say the President had been fooled, be
cause over his own signature he had de
clared that he had made an independent
examination of the question.
Judge Vertrees called attention to the fact
that no charges had been made against
Secretary Ballinger by any one except Mr.
Pinchot, nor did he make charges based
on facts within his own knowledge. It was
not within the province of the committee.
Judge Vertrees said, to inquire whether
Judge Baliinger was right or wron? in his
administration of the Interior Department,
but to inquire only if he was intentionally
wrong. He said he did not ask the com
mittee to Invoke- the strict rules of crimi
nal law in looking into the public career
of Secretary Bal'.inger. . :„;,
If there was even a reasonable well found
ed suspicion of his integrity or ability, it
should not be passed by, but If he wns an
upright, honest and conscientious public of
ficial, who was merely the victim of an in
tripue or conspiracy. Judge Vsjvtrasj ex
pressed the hope that members of the com
mittee would make a finding, not as Demo
crats or RepubUcaas for mere party advan-
Make the Liver
Do its Duty
Nine time* in ten when the liver ii tight the
stomach and bowel* are right.
gently but firmly com j<MJflffgP* ■
pel a \»zy live/ to /&£9K3 Cl fITCCK
do it* duty. jfl|wm||B i t
Cures Con- .^agfflfflp^] Ml frn
atipAtion, /fnks\&r^ 1I ■ * "^™
lndige«-^3^^^BB^ i B^^Jb'"
Headache, and Diatreai after Eatiaf.
Small P. II. Small t>—. S«*B Pric*
Genuine ami b«*i lisnature t
tag- but as honorable and falrmlnded men
who' were seeking the truth. .
Mr Vertrees, in the course of his argu
ment made a scathing denunciation of the
presi for its attitude toward this case, and
said the only commandment the newspaper
men seemed to obey was: "Give us this day
our daily bread."-
Mr Olmsted interrupted to Inquire what
commandment that was. and Judge Vertrees
replied, amid laughter: -The eleventh."
"The only thing the committee can deal
with." said Mr. Vertrees. "is as to the up
rightness of Mr. Bellinger. I am not here
to ask that this committee shall deal with
this case upon the . basis of a criminal
prosecution- that there must be proof be
yond a reasonable doubt. - Even If there
was a well founded suspicion that as a
public officer he was at fault you ought to
say bo." •
At no inconsiderable length Mr. \ertrees
discussed the subject of conservation. *In
a Just and proper sense," he said, "we are
all conservationists, and as such there Is
none-more sound than Mr. Balllnger. Now,
I am not talking about these men who
have gone to reed on conservation-men of
the Flnchot brand -33.1 degree conserva
tionists-like some people, running off with
a fad and a fancy."
Senator Root, who departed for The
Hague peace tribunal last week, was the
only member of the committee absent when
to-day's session began. The committee room
was crowded, and. as usual, most of the
spectators were women. None of the prin
cipals involved in the controversy was
• Before Mr. Brandels began his argument
Mr. Pepper, counsel for. Mr. Plnchot, sub
mitted a lengthy affidavit of E. A. Branif.
who-, was in charge of the forestry work
done on the Menominee (Wis.) Indian Res
ervation where, it had been charged by the
"defence." the forestry work had been
wasteful. .."■.;-
Braniff was present and ready to te3tiCy
In refutation of the charges, but It was de
cided to dispose of the matter by printing
Braniffs affidavit in the record.
Resume by Brandeis.
*n the course of his argument Mr. Bran
deis gave a chronological resume of the
Alaska coal land situation from the time
the Cunningham claims were first filed,
in 1906. He laid particular stress on the
contention that Mr. Balllnger. as Commis
sioner of the Land Office, was fully ac
quainted with the situation and personally
directed the procedure in th» Land Office
whereby the claims were scrutinized. He
declared that of 461 Alaska coal claimants
whose addresses were secured by special
agents early In their Investigation. 355 ap
peared to be residents of the Pacific Coast
and 164 lived in Seattle, Ballinger'g home
"Among these claimants were men of the
greatest influence in the state, financially
and politically, and among these were
friends and associates of Mr. Bailinger."
said the attorney. "While these Pacific
Cosst claimants remained undisturbed by
further inquiries into the validity of their
claims, most of the others, those residing
in Illinois and Michigan, were, on Septem
ber 24. 1907, directed to be thoroughly in
vestigated. Was It a coincidence that the
investigations of Special Agent Jones in
the summer of 1907 into the Cunningham
claims stopped shortly after Ballinger re
turned to Seattle, shortly after the agree
ment between the Morgan-Guggenheim
Alaska syndicate and the Cunningham
claimants, which rendered an early issue
of the patents important? Was It a coin- i
cidence that an active inquiry was under
taken into the claims of residents of Illi- ;
nois and Michigan?"
Proceeding to the clear listing of the
Cunningham claims In 1907, Mr. Brandeis
store Ready at 8:15 A. M. Eight Car Lines
Directly on the Interborough Subway. Each Way to Stcr*
J 1 New York, May 28, 1910
Store Closed All Day Monday— Memorial Day!
A Complete Men's Store
The Hat Is Noticed First
The curfew has rung for the Spring Derby. But there is
still a wide choice.
American-made straw hats : split. $2 to $5 : sennit. $- and $3:
Mackinaw. $2. $3 and $4: Milan. S3. $4 an i S^
Lincoln-Bennet London Straw Boaters. $2. $1 and $4.
Full-bleach Panamas. $5 to 515; natural bleach Ecuador
panamas, $4.50, $5. $5.50 and $6.50.
The 1910 Lord Nelson hat. in duck or crash, 50c.
Naval Reserve hats, in duck or crash, 50c.
Scotch homespun golf caps, exceptional. $1.
New York Yacht Club caps, blue cloth. $1. $2 and Si
Main floor, New Building.
If It s Warm, the Shirt
Will Be Prominent
For men are aching for an excuse to drop the waistcoat
At $1, here are good-looking outing shirts, pleated or plain
bosom, but all guiltless of starch. Solid colors and white.
Also, at $f. easily fifty patterns in pleated and plain bosom
negligee shirts with stiff cuffs attached.
And at $1.65. an exceptionally fine group of shirts of im
ported madras, that have made us more iriends than any s|
we have produced this season.
Rep four-in-hands in many new. plain shades, at
Nothing better to adorn the outing shirt. Main floor. New Bidg.
And Low Shoes, Of Course
Black or tan — a matter of individual taste. You wiß^
pleased with the fondness for ankles shown by a.. W i-i^* ieT
Oxfords — so different from some ugly gaping shoes we "* ve
The "Wanamaker Special" at $3.90.
The "J. W." at $5.
Enough styles in each line to please all tastes.
Main floor. l«ew Building.
But the Suit Must Be in Keeping
Expect a run on blue serge today. But with excellent a
wool, hand tailored suits at every rung of the price-ladder f' ol2
$15 to $40. we say. "let them all come." *
If gray is the desideratum, somewhere among the hundred
odd variations at the same prices, every man should find nISn IS
Flannel and serge trousers, for the golf or the links are here.
34 patterns strong, at $5 the pair. Save time by coming here":
Main floor. New Buildup.
Now, How Will You Amuse Yourself? jj
The Sports Store Steps in here — an important section of It-
Men's Floor.
Everything lor Tennis Everything for Baseball
Everything for Golf Everything for Fishing
Everything for Boating from a Motor Boat to a Rowlock . .-
Standard qualities. No fancy prices. Main floor. New Sift
Formerly A it?] /I /tff//f Ma/ >* Fo^rrh^* J
AT Stewart & Co. JW((#AI^H/*7</ Eighth to Tenth *
paid that th<» suspension of the ord^r".* ■"•'-
Glavis's protest wa3 evidently dene >. v , r **
Eallin«r?r with the Idea that ultimately'^'
patents should be granted when "thh- I^'
comfortable obstacle presented by Cla^*
Intervention should be overcome." * J
As indicating Mr. Bellinger's "lrre«oist
ness," Brandeis recited how he hat* a **
under pressure In hia various steps In »*
Cunningham case*, ' yielding to the claS*
ants when in Seattle and later to Otau
when h* returned to Wajihinarnn. with r?
claimants "three thousand miles sj^^H
Mr. nrandeis spoke of Bal!lnger*» apM^.
ance 'on the witness stand, "with Us • *
traordlnary failures of rnenjory. mlssta»J
ments and denials," and. quoted from iw
testimony Balllnger's croas-examlnatlo'
about the Trawler memorandum with th
evident purpose of showing that Balling^
attempted to conceal the truth and eva<j»
his questions.
"Such Is the conduct, such is th« «^
acter of Mr. Ballinger." he cont!nt:.i
"Xcte his associations. He is obviously
the closest relations with men Ilk? c. j
Smith. Horace C. Henry and with the*
associates. Charles Sweeney. «x-Govera—
Moore and Mc«Jraw. He is evidently i^
very close relations with George TV p^.
kins, J. P. Morgan & Co. and the .meal
bers of the Alaska syndicate Now, c««>
sider the past conduct of Mr. RalHagj^
Considering his character as It has aa^.
fested itself throughout this case, do jag
really think that the Interests of the p^.
pie could be safely represented dv . %
Balllns;er as against the special ir.terwti
of the Cunningham claimants and ti»
Gu^genlielm-Morgan syndicate?"
Assistant Attorney General Ac
cused by a Magazine Writer
Washington. May 2T.— Christopher 3
Connolly, a lawyer, of Montana and Jj*»
York, and a well known writer far £»
magazines, to-day filed suit in the gi>
preme Court of the District of Columbia to
recover $20,000 damages for alleged dans*
from Oscar I>awler. Assistant Attonws
General for the Interior Department. *":*
The unit is the first of the threat*;:^
legal proceedings growing out of the Bai
linger-Pinchot inquiry. It was ncsorM
around the court to-day that Secretary
Balllnger was prepared to invoke the lav
against some of his alleged trad-;- '
The basis of the action is the testing
allege.l to have been given by Mr. Law*
on May 17 before the Ballinger-Pinche:
Joint committee, wherein Mr. Lawler te a.
leged to have referred to Mr. Connolly
ethers as "despicable scoundrels, wftt
would stoop to any depth of degradation*
He is further alleged to have testified thai
"a man named Connolly stood on the dick
of the steamship Republic Just before at,
went down and trampled down women asd
children in an attempt to get to a lift
Mr. Connolly charges that this cocztei.
Ing him with the person on board the Re
public is false. and that the accusation *»
maliciously made. Mr. Connolly said late
that at the time of the loss of the RepuHb
he was in Los Angeles, many mile* mag
from the scene of the disaster.
' Mlneola, Lone Island. May 27.— "X*. QboH
i Brokaw. through his counsel. Eugene t
i Bushe. filed to-day an appeal from the de
cision of Justice Kapper la the Suit wM$
I Harry S. Wilde* won here several w«*
1 ago. Wilder sued for money which he mi
! was due. him for housing Mrs. Brokaw fc
an apartment hotel at No It East «ft
street. New York. The jury grave Wilde: ij
verdict for SI.4SS.

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