New-York tribune. [volume], June 14, 1910, Page 4, Image 4

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FINAL PLEAS MADE
IN BALUNGER CASE
Vertrees. Defending the Secre
tary. Declares Conspiracy Has
Been Clearly Proved.
BRIEFS FOR "PROSECUTION"
Brandeis, for Glavis, and Ps£per,
for Piachot, Assert That
'Jj Baliinger Is Unfit to
Hold His Office. ; . '
Washington, June IS. — Briefs •In th* Bal
linjrcx-Pinchot ras«» Tcere- filed wltb the in
•UßlMttine cMHßitftM to-day hy counsel for
ftlljthe parties. Secretary Bantacer** final
v.<>r<\ of. defence km presented by John J.
VetnwuC After makinjr nn .exhaustive ro
'.!•«• cf the evidence befere the committee,
?.Ir. Vertrees fonciuocs:
"VTh^n wf Mnafder " hotr baseless and
prr.-;no1* > ttßm accusation apa'.nst Mr.
Balllnper Is, an 4 the loud and vrhfinent
cries. of those T>.hr, have urpred it on. We
recall the language of Fauvety. a jury
iraa of the «aja of the Rcigrn of Terror Jn
FYancf. In antttaa; to one who served
•with him Fauvety says: "My. colleague is
worth absohit^ly nothinp. Some
times he tn-ants to ssvc counter-revolu
tionan,' priests. H»» requires proofs, as in
the ordinary tribunals of the old regime.
We Bometlraes have very heated dlscus-
Bitme.' " » ' i . ' ; ■.'..'" •
Louis D. Brandei«. counsel \ for L. R.
Gla^s, and <;<=>orK<* .XVharton Pepper, coun
sel for Gifford Ptaohot. contend that the
evidence has. shown that Secretary Ballin
ger is unfit to administer the affairs of the
paMßc domain beca.use of an obvious lean
ir.? tOTrard a policy of distribution instead
of conwrvauion of land. They denounce
hi* attitude toward the champions of con
servation and charge him with causinp ein
barra^rtnent to the President and loss to ]
tk« people. i
Mr.'Vertrees tnalata that neither the of- j
ficial Ti<tr professional acts of his client
are open to criticism, and. declares that
rone of the BMtto— made, against him
has been ■aatafaed by presentation of
fact. He says the accusations are the re
bbM of a conspiracy ' agasnpt him, and
cuotes fT(-e':y from the evidence before the
committee in an attempt to prove the ex
lateaoe of a plot Imnliilaa. former Secre- :
tary Garfl^M and former Forester Pinchot
to BBOBM his removal from office.
. The Cunningham Claime.
"First of ai!. If Is to be borne in mln-i j
that Mr. BalHiayr ualUm directly nor In- j
<5:?-c-ct]y mt any tttae was interested in any
coal lands in Alaska." says Mr. Vertrees. j
"Hr- araa not oaaaael for the Cunningham
claimants atti others, U Mr. Olavis s?aid.
At the time he became Secretary he was
. Baaael for net on<> of tliem. The only con
nection he had ever had with the Cunning- j
ham claimants was the preparation of th?
r.ffidavi! in September, 190S1 He had not
been counsel theretofore ; be was not oou*i
sel thereafter; he entered the offic? of Sec
retary without interests of any kind. In
d*ed. as <xpros=ed by him, be dissolved his
firm, dtsenajaced himself and 'burned Me
bridges" behind him."
DeCendtag Mr. BalUnajer'a ideal listing"
of the Cunningham claims as nwiiinlwwHH 1
of the Lan J Qtßce. Mr. Vertreea says the
sction was npoa recommendation of Chief'
< f FleM Division SrUvartz. the official upon
■rtaoaa be relied to be advised. "If that
order was erroneous," continues Mr. Ver
trees, "clear.v Hie ' Secretary •roiiM be ex
cused, but it was not uiuußutnc It was
proper and right ar- the record stood."" .H-->
s»ys that Mr. F.ailiuKPr immediately i«
\<'lcd lri^.'rrdcr when dawis.aoßaested that
. thr rlaims sJvnild nnt have hrvn clear listed
I and that thp cJa!ms had remained In "chan
" cer^-" .to "tliisf day.
Mr. Vertttes point? out that tftvoaghoot
'■•"••• time-Glavls had been kept in
charce and wa? the r.r. man reljo^ i:n^n to
ir.ve?tigate all Alaskan claim?. He says
Baliinger aegeawied Olavis. ■saertfns that
the criticisms which ex-Governor Moore
had passed ppon him becanae of the delay
In patenting the Cuninngham claims -waa
undewrved. ■
Says Kerby Helped Bailinger.
1- it must be borne in mind also that no
qu*stion of injury to the >vermnent is in
\-olved," suggests Mr. Vertrees. "The pat
*>nts aid not fasne and th*> aacettoa of the
l^srality of- the claims is bow being- tried.
Finally, it should be stated that the evi
dence of Stenographer Frederick M. Kerby
sJ^ne Is conclusive as to the rectitude of
Mr. Bellinger's course. Kerby tias his con
namrtmJ atenasranbec' and clerk and in
nai of the Meaftfal ril^s. If there
•were, anything improper or' corrupt to be
kaaan It aapnld be known la bfm. He was
aaajer to apeak. He wished 'with nil his
soul* to be -called before, the committee as
h^ was called. W« called him. Th« com
intllee will, remember bis oaserness and
zeal. H^ was pleased -to state what he
" kr.ew agahmt his chtef. A?«in and again
aaw be ashed to state anything that, in his
opinion, aeflected upon the Becretary of the
Interior. Not en act, not a transaction, not
p thinfr, could be stated by him. He aß
r<?rted that there -ivas one thing, and that
wap that Mr. Bailinger laaEnaed, with full
knowledge. Of Us unfltness, to appoint R.
H. Thomson, to be director of the Recla
mation Service."
Referring to Kerby's testimony that he
paaavaadl nMnmaa as unfit because Mr. Ral
iinKer tijouplit he was the man to go to
aMaafca to advise J P. Morgan & Co. when
.fcis frieni. George W. Perktos, of that firm,
EFkerl him to rwomrnend a Western engf
n#^cr to mj.k' an esaaalnatloa with a view
Storage
For
Silverware
The Dor ham Vaults,
sth Avenue and 36th
Street, afford unusual
advantages for the
storage and safe keep
ing en silverware and
nther valuables. Ar
ticles will he ifiven
roried and packed at
owner's residence, the
Company assuming all
responsibility.
S« Gorham £*
Silversmiths
sth Avenue & 36th Street
17 at;J i 9 Maiden Lane
I
i tr. > roctcmpla ted railroad enterprise. Mr
V*rtr*c* says: "This is the only sin of
'Mr Balttnger which •' Mr. Kcrby could
name."
Mr. Vertrees rails attention to the rle'3
scrutiny and examination th* Interior De»
partment has been under during the in
quiry, and «ayß "nothing has been re
veaJed which leflecU Hpoe the loyalty, the
integrity, the good faith, the sense of duty
of any rr,?» th«r.Mn." v
"The only persons who enn be criticised. '
continues Mr. Yer.ree*:. "are ihose who
j have been discharged, and ha\e arrayed
■ themselves against the Secretary and the
Prpartment of the interior. This inquiry
irv< ivr? tbe- good name of ~ a eentleman
and the reputation of a member of the
Cabinet. Tt Is no id> thine; to as?ail tlie
! character of a member of the Cabinet. H"
j is one of the advisers of the President, and
dishonorable cond-uct on his part not- only
brings disgrace to him as an individual,
* but reproach upon the Kpve.rntnenf itself.
j Conseo.uently. such an accusation ought
i not to be lightly brought.- There ought
! surely to be BUbstanlial grounds. Here. it
| may he asserted, there are absolutely none.
The prosecution is cruel and it- is baseless."
Defending: Mr. Ballinger's conservation
policy, Mr. Ver'rees cites numerous cases
in support of his contention that former
Secretary Garfield was wrong in his view
I that- the Secretary of the Interior, in deal
; ing with the public lands, had authority to
j do that which lie . may conceive advisable
. and for the public good, unless it be for
i bidden by some statute, and this necessarily
i without reeard to the usage of the past.
Mr. Bal'nger's position with regard to
the exercise of the so-called supervisory
I power 'with respect to the withdrawal of
i water power sites, on which question he also
• differed with Mr. Garfield, is defined as fol-
I lows: That when Congress had, by law.
! said that the public lands should be open
; to entry— that is. entry under" the home
stead, mining and desert land laws— it is
beyond the power of any administrative
offt>er to withdraw by executive order the
lands which Congress has thus stated shall
be open to entry. Numerous cases also are
cited in support of this view.- ,'V;
The brief deals at great, length with the
evidence before the committee relative to
the Cunningham claims in defence of Mr.
Ballinger's connection with them as a gov
ernment official. Then his conduct while
out of office is discussed, particularly his
preparation and presentation' of the Cun
ningham affidavit to Interior Department
officials in September, 130 S. In answer to
criticisms of Mr. Ballinger's conduct in this
■ matter, Mr. Vertrees says: .
"First of all, as has already been shown,
; there was no information of a secret char
acter In the Land Office which Mr. Ballln
ger could have used. The reports on file
are favorable to the claims. The affidavits
on file were well known to the affiants
themselves. The only evidence thar had
been procured not contained in the re
ports or the affidavits of the affiants was
a copy of the Cunningham journal, . the
original of which Cunningham himself had.
This journal was not obtained or filed until
after Mr. Ballinger had retired from the
offi. of Commissioner. Moreover, the ser
vices were performed six months after he
had left the office, were secondary, if it be
assumed that Mr. IJallinger in a matter in
which he had no interest had chanced to
retain in memory a recollection of the
status of these claims and the records
with respect thereto The fact is that
there was nothing for him to remember or
recall. It was not possible for him. there
fore, to have used information obtained by
him as Commissioner. The objection that
the performance of a service of this char
acter was forbidden by law is equally un
founded."
- - Brandcis's P!ea for Glavis.
I Mr. Brandeis in the introductory chapter
of hi? brief discusses what he calls "Mr.
Ballinger's unfitness as trustee for the
; people," and asks: "Is Mr. Ballingrr a man
i single-minded, enlightened and courageous,
' so zealously devoted to the interests of the
common people, so vigilant and resolute in
resisting the insidious aggressions of the
sprrial interests, that- to" him may be in
trusted the CArryln^CarVard of the, broad
policy of consery^Vionrof our national re
sources?" &gjL» iV< - ;".
In answer he says: "That Mr. Ballinger
does not meet these simple tests has been
conclusively established, and if only this
is true, ' the Department of the Interior
should be under other guidance. The b?Bt.
defence that Mr. Rallinger has offered Is
that he was ignorant of the situation in
Alaska, and that all of the acts for which
he was criticised were performed by sub
ordinates for whom he is not responsible.
Such a defence Is enough to condemn him.
The record amply discloses Mr. Ballinger's
knowledge of. the situation. The evidence
in the record and the' conduct of Mr. Ba!
linger throw a strong light upon his charac
ter. No man. -with such a character would
i>e trusted i>y an individual or private cor
poration with care of important property
interests." '
Other chapters describe "Glavis's inter
vention to save the Alaska, coal lands"
and review th«»- clear-listing of the Cun
ningham claims by Mr. Ballinger, who was
then Commissioner of the Land Office. The
brief says: "We do not pretend to fathom
Mr. Ba!inger"s mind and to discover the
motives which prompted him to clear-list
the Cunningham claims. Whatever his
motives were, his act was indefensible.
The order clear-listing the Cunningham
claims shows that Mr. Ballinger had no
i proper conception of his duty as a trustee,
snd that be was ■rilling to abet what he
would describe as a 'technical' violation of
the statute hy which the Cunningham coal
lands won" I pass unlawfully into private
ownership, in 'tad of being kept by the
I'nited States for subsequent disposal un
der laws which should adequately protect
the public interest."
The Lawler. Memorandum.
Continuing, the bri^f gays; "A deluge of
typewritten matter cam© to the President
from the Interior Department in answer to
the Glavis report. These answers were
supplemented by oral statements and argu
ments miifie by Secretary Ballinger and
Oscar Lswler. Assistant Attorney General
of the Interior Department, in their, in
terviews wiih the PresUeni on September
6 and 7; and finally by t n draft of a let
ter exonerating Mr. Ballinger,' prepared by
l.awler. his appointee and in effect his
KniHirdinate. a man who . had a special
priidge against Glavis, and ' who in that
draft of letter declared Glavis guilty of
falsehood, of the suppnasskn of the truth
and of neglect of duty, thus 'condemning
Glavlf on evidence which he had never
s<=en, SAd of i ourse had no opportunity to
meet, on arguments thai he had never
heard ani, what is even 'more, on charges
of the preferring of which against him he
had no knowledge whatsoever."
Pepper's Brief for Pinchot.
Mr. Pepper says that the question whether
Pinchot lias been right.and Ballinger wrong
Is less Important than whether the admin
istration of ihe Interior Department under
the latter has been marked by fidelity to
the public interest. He enyfe that when Mr.
Ballinger became BsitMbij he "had had a
land office training," that being equivalent.
a= .Mr Pepper views it. to a leaning toward
a policy of distribution of the people's
lend.
Mr. Pepper gives a general «nd a fpeciflc
■usSSMT to the question a* -to what infer
ence Itghl to b< drawn from the te^timon
respecting the administration of the Inte
rtor Depsrtmec since Mr. Baiiinger be
came Becretary. His general answer is that
tbsjpg has; been r.o administration worth
«jf the name, but only a series of act*-, un
wise in themselves, and that these acts
have been directly responsible for embar
'assme.'it ',o tiie iftreildent and. loss to the
people.
His spectfle usurer Is that the testimony
taken in this Investigation shows that the
course pursued by the department lias been
characterized by s lack of fidelity to the
pabli" interest; thai Mr. Balllngt-r is re
tpoticible-not T ossrelji technically and offi
<-lli. iiut substantially and -actually, for
"t:;e entire aeries of unhappy events.'' and
NEW-YORK DAILY TTCTBT'XE. TUESDAY, .TTVF 14. 1010
THE DA y If! WASHIJSTG TOJV
: "mm Tlie Tribune Bureau.]
ii.V'i. ■'■-; -':-"< Washington, June 13.
TAFT-S WELCOME TO ROOSEVTEI.T.—
President Taft is determined that nothing
ehall remain undone to make the reception
of his predecessor a memorable occasion,
anil to '.hat end he has requested the Secre
tary rt the Navy to provide a naval escort
to meet the returning ex-Prpsident down
the bay and accompany him to New York
City. In accordance with the President's
wish, the battleship South Carolina and live
torpedo destroyers will, sail down the bay
Friday evening, will meet Mr. Rocsc-velt's
ship the following morning and will, accom
pany the ship back to New York. When the
President's wishes became known there was
perturbation, in the Bureau of Navigation,
for the Atlantic fleet has been disbanded,
most of the . vessels being at > navy yards
and many of them In drydock, but it was
found that the South Carolina could be
procured, and she will be attended l>y five
destroyers, the . type of vessel {in which
Mr. Roosevelt displayed especial interest
when he was Assistant Secretary of the
Navy. The Presidential salute of twenty
one guns will he tired off Ambrose T.ight.
The idea of providing a naval escort and
of welcoming Mr. Roosevelt with the Presi
dential salute emanates entirely from Pres
ident Taft. who would really like to go to
Xew York himself, and rather chafes under
the advice that it would hardly be becom
ing for the President of the United States
to leave the national capital, to. welcome
any one, even an ex'-Presiderit. ..The special
delegation; consisting, of Secretary Meyer.
Secretary Wilson and Captain Butt, which
is to represent the President at the recep
tion of his friend and predecessor, will be
taken down the bay on the Dolphin, the
vessel always used by, the Secretary of the
Nayy;on ceremonial occasions.
THE BT'SINESS OF THE NAVY. -Sec
retary Meyer Is still making a valiant
effort to obtain from t'ongress authority to
administer the affairs of tho navy on a
businesslike basis. He is convinced that
he can effect a savins? of several hundred
thousand dollars a year if he can only in
duce Congress to give him the authority to
establish a property account in lieu of the
various and complicated accounts which
are now part of the antiquated system
which has come down from time imme
morial. Mr. M^ypr is striving to induce
Congress to grant this authority either by
an amendment to the naval hill or by a
provision in the sundry civil bill. He has
just received the report of an investigation
conducted by business experts he employed
for the purpose, who find that the method
now in vogue is extremely complicated and
cumbersome, and that it requires an in
vestment of several million dollars more in
stock than there is any necessity for. Armed
with this report, Mr. Meyer is seeing mem
bers of Congress and is endeavoring to
persuade them to look at the situation from
a business and unprejudiced point of view,
and he is confident that if they do so they
will grant the needed authority.
CHANCE FOR RETIRED OFFICERS.—
Confronted by the probability that Con
gress will adjourn without taking any steps
to Increase the commissioned personnel of
the army, the Secretary of War has ordered
that wherever possible officers be restored
to their line duties. Including those now
detailed to staff duty, work on the Panama
Canal, at educational institutions, etc. This
will not greatly affect the work on the
Panama Canal, for the reason that most
of the officers on duty in the Canal Zone
are there by express provision of lav.-, but
it will mean that many of the officers now
at military schools, etc., will be returned
to their regiments and their places filled
with retired officers found competent for
tiie work. The^ order will probably affect
officers on duty with the quartermaster
general, the commissary general, in the
medical corps, etc. Secretary Dickinson
has also urged Congress immediately to
pass the bill ■ designed to place the general
that the President would never have found
himself irrevocably committed to an in
dorsement of the Secretary had he not at
< ritical points been "successfully deceived"
ns to the re«l significance of what was
happening in the department.
'"Although the administration of which
Mr. Rallinger was a part was avowedly
committed, '■ Mr. Pepper declares, "to a
continuation of the policy adopted under
President Roosevelt of protecting from
monopolistic exploitation the water power
sites belonging to the people, Mr. Ballinger
wilfully struck that policy a staggering
blow by nastily restoring to entry power
sites withdrawn by (Jarfield. thus placing
them within the reach of uncontrolled pri
vate acquisition, where they would remain
to-day but for the intervention of «he
President."
Mr. Pepper quotes from the record at
pre;it length as goincr to show that Mr.
Ballinper misled the President in present
ing to him his own relation to the Alaskan
coal cases, in explaining his course in re
storing power sites and his attitude toward
the Reclamation Service He contends that
the President would have taken some vig
orous action to save the, " efficiency of the
Reclamation Service when Mr. Ptochot
charger! that -it was in danger of disinte
gration from Mr. Ballinger's administra
tion had he not been misled by the Secre
tary's niiHf i llimi that no intimations of
trouble had ever com^ to him from the
chief officers of that -service. . . •• ..
WEARING END OF SESSION
House Takes Up Last Appropri
ation Bill.
[From TTie Tribune Kureau.]
Washington, June 13.— That the end of the
session 4s close at hand was made evident
to-day when Representative Tawney
ignored '' tbe fact that it was District of
Columbia day and. obtained consideration of
the general deficiency bill.. Representative
Smith, of Michigan, chairman of the Dis
trict of Columbia Committee. opposed Mr.
Tawney's motion, but the House by a large
majority voted to take up the last appro
priation bill. General debate on that meas
ure Immediately ' began, and it proved a
Democratic fi«ld day. The Republicans
pr&ctically disappeared from the Capitol
and Jet the minority talk nil the afternoon.
As a result of -information -sent- to the
House last Saturday by the War Depart-.
m«nt disclosing the alleged fact that Frank
W. Carpenter, executive secretary -of the
Philippine government, and E. L. Worces
ter had bought and leaded friar lands, Mr.
Martin Introduced a resolution . demanding
an Investigation and charging malfeasance
in office. . . . . •
BRYCE TO SIGN AGREEMENT
For Settlement of Pecuniary Claims
Between U, S. and Great Britain.
London, June 14.— "The Times" under
stands thM James Bryce, the British Am
bassador at Washington, has been author
ized to Fign the pecuniary claims agree
ment with the United- States. . •
In Hie general arbitration, treaty between
the United States and Great Britain which
was fclgri'-d in April. IMS. a provision was
made that ihe treaty would not apply to
existing pecuniary claims, which therefore
were left open for future negotiations.
GEN. HENRY BECOMES SURVEYOR.
Oer.eml Seisin Henry, appointed and
{<«nnrr.icH. as Surveyor rrf the Port, will be
sworn in at noon to-day by Collector Loeb.
The new Surveyor will take poSbesßion of
Ijlp'. offico at: once. li. was said that he
would make no etaages! In »h* staff-In the
office for the pr*rent-that i\- of- those to
be personally attached o him;
stall on the, same plane M 'other staff bu
reaus, so that vacancies made by the as
signment of officers to the general . staff
may be filled by promotion until the va
cancy at the foot of th° line Is filled by
the commissioning of a second lieutenant.
The Secretary frankly expresses his regret
that It should be necessary to replace, offi
oers ai thb military schools with retired
officers, hut he believes this step is im
perative.
! GEORGE \ , ARBTTRATOR.-Kin?
i George V has consented to take the pine
; of his father. King Edward VII, as arbi-
I trator of the differences between the United
States and Chili over the Alson claim, so
that one of the flrst International acts of
the new monarch will be a courtesy ex
tended to the rnited States. In view o?
tho fact that the Kins; wilt have to begin
de novi to post himself on the merits of
the case, the presentation has been deferred
until August and the submission of coun
ter capes until four months later.
THE TARIFF BOARD.— The passage by
the ypnate to-day of the sundry civil bill
without amending the provision for the
Tariff Board, which carries an appropria
tion of $250,000, insures the investigation
desired by the President, and to-morrow
.fames B. Reyn-Ms will sail for Europe to
cany on the inquiry. Chairman Emery
l.avinp preceded Mr. Reynolds there, one
of the subjects which will be most care
fully investigated will h* the method of
the German government In determining
costs of production. In accordance with
the wishes of the President., the cost of
producing woollen, cotton and other textile
fabrics will receive special attention, as
the President suspects that the duties on
these products have not been accurately
eojusted. especially those on woollens. The
President's instructions to the members of
the Tariff Board are to conduct their in
vestigations without regard for the results,
and to present to him the most definite
and unequivocal information which can be
gathered.
A GARFIELD STATUE.— Senator Briggs
secured the passage by the Senate to-day
or the House bill providing for the erec
tion of a BtAtue of President James A.
Garfield at Long Branch, X. J., which car
riea an appropriation of $10,000 for the pur
pose. This sum will not he available until
the Garfield Memorial Association shall
ha\A raised a like amount, the whole to
be devoted to the erection of a suitable
slatue. the design to be approved by the
ft cretary of War The Garfield Memorial
Association has almost completed a gran
ite memoria 1 . and his secured for the site
ocean Park, facing Ocean Boulevard. The
memorial, when completed, inclosed and
parked, will represent an outlay of $25,000.
Tho cornerstone was laid on September 19,
1307.
FINE ARTS COMMISSION— President
Taft lost no time in appointing the mem
bers of the Fine Arts Commission, the bill
authorizing which he approved to-day. The
members are Daniel H. Burnham. an
architect of Chicago, chairman; Frederick
L,av/ Olmsted, jr.. landscape, architect, of
l'.oston: Thomas Hastings, architect, of
New York; Daniel C. French, sculptor, of
New York; Frank D. Millet, painter, of
New York; Cass Gilbert, architect, of New
York, and Charles Moore, of Detroit.
Colonel Spencer Cosby. Superintendent of
Public Buildings and Grounds, has been
appointed secretary. In view of the oppo
sition of Speaker Cannon the creation of
this commission is regarded a3 a triumph
for the President. Such a commission has
been needed. One was appointed without
Statutory authority by President Roosevelt,
but Congress sought to legislate it out of
existence, and now the President has in
duced Congress to create the commission.
It is to be an advisor y body, to serve
without compensation, and wiH assist the
officials in "Washington in everything per
taining to architecture, the improvement
of the city and other affairs which call for
artistic judgment. - G. G. H.
MARTIN AROUSES VREELAND
New York and Colorado Mem
bers Near a Fight.
Washington, June 1". — Representative
Crumpacker, of Indiana, was defending
Attorney General Wickersham in respect
to the disposition of the friar lands in the
Philippines to-day -when Representative
Martin, of Colorado, interrupted to ques
tion some statements Mr. Crumpacker had
made. He was persistent, and Mr. i 'rum
packer was quite ac persistent in his dec
lination to yield.
"The rules of the ; House." shouted Mr.
Cmmpacker, "are made for the observance
of gentlemen." ■
Mr. Cnmrpacker scowled at Mr. Mar
tin, who jumped to bts feet and glared at
the member from Indiana.
"And." continued Mr: Crumpacker, "the
gentleman from Colorado will ohserve the
rulep.''
At this moment vigorous applause was
heard from a member near the Speaker's
desk.
Mr. Martin suggested that the member
applauding: should come forward.
Instantly Mr. Vreeland. of New York,
stepped to the front. His face was flushed
in anger. He evidently took" Mr. Martin's
invitation as a challenge. As the New York
member advanced and a clash seemed im
minent. Representative Greene, of Massa
chusetts, who was in the chair, pounded
his desk and called for order. Mr. Vreeland
paused, glanced toward, the chair and back
toward Mr. Martin. Then he took his seat
and Mr. Crumpacker continued his. re
marks. . , .
TOWING TRUST ALLEGED
Government May Sue Great
Lakes Company.
Washington, June 13.— The government is
engaged in collecting evidence intended, it
is under«tood. to form the basis of a suit
against the Great Lakes Towing Company
under the Sherrfan anti-trust law on, the
ground that it is a combination in restraint
of trade.' An Investigation of the clearances
and entries at the Chicago Custom House
has been authorized for the purpose of ob
taining Information desired by the Depart
ment of Justice ir. the preparation of a bill
in equity.
Cleveland, June v.— At the general offices
of the Great I*akes Towing Company here
It was said that the dispatch from Wash
ington was the first intimation they had of
any proposed action on the part of the gov
ernment under the antl-trus=t law.
If. H. "Wardwf-11, the secretary, said the
government was at liberty to have from the
company any information it desired.
CHALLENGE TO THE VATICAN
Spanish Premier Says He Will Resign
if Constitution Is Not Respected.
Madrid, June 13. — Premier '''analejas de
clared in the Chamber of Deputies to-day:
"If the constitution Is not respected I win
r**Urn."
The Premier was warmly applauded dur
ing the course of his speech. In which he
said that he was quite undisturbed by th«>
Vatican's protest against the recently is
sued royal decree authorizing the edifices
of non-Catholic religious orders to display
the insignia of services and other cere
monies.
The government, h<- added, vaf still nego
tiating with the Vatican, hut it was re-
BOlveid to live up to the constitution and
fit-ttlft tht religious Question from the
standpoint of reform, and to resenerats
the country intellectually and fr O rn eco
nomic and military feints of view.
mm ASSAILS TARIFF
Declares Payne Law a "Fraud
and Humbug."
CRITICISES THE PRESIDENT
Defends Insurgents and Says He
V/ill Stay in the Repub
lican Party.
" fFrnm Th# Tribune Bur-au.l
Washington. June 13.— Professing his
loyalty to the Republican party. Senator
Dolliver told " the Senate to-day that the
leaders of that- party are unworthy ami
that the most Important legislation enacted
by the party in recent years Is a fraud and
a" humbug. Mr. Dolliver addressed his re
marks to the Payne tariff law, which, he
said, had been prepared for the benefit of
the special interests and was being: .de
fended by a President whos* speeches
■howed he had only a meagre knowledge
of its provisions. ..;'.*'
Following Mr. Dolliver's speech the. Sen
atp passed the sundry civil appropriation
bill. Senator Clay's motion to. strike out
the provision appropriating $250,000 for the
Tariff Board was defeated, 41 to .13. No
Republicans voted for the motion, and one
Pemocrat, Senator. Gore, voted against it.
As no change was made by the Senate this
section will not be fsubjectf subject to. modification
by the*. conference committee.
All the appropriation bills except the gen
eral deficiency hill have now passed. both
branches of Congress . Following the pas
sage of the sundry civil bill Senator Carter
moved that the Senate agree to the House
amendments to 4he postal savings bank
bill.. Consideration of this motion went over
until to-morrow, as Senator Clay, the rank
ink minority member of the Committee'on
Postoffices and Post Roads, was absent. at
the time the motion was made. The lead
ers are satisfied with the House- amend
ments to the bill and desire their adoption
without sending the measure to conference.
Senators Cummins, Borah and other Insur
gents are opposed to some of the provisions
of the House bill and will speak on them
to-morrow.
; Taft's Winona Speech "Grotesque."
Mr. DoJliver, in his speech, denied that
the Payne bill was a compliance with the
campaign pledges of the Republican party
for genuine tariff revision. He analyzed
President Taft's tariff speeches at Winona
and New York, and declared that they were
full 'of inaccuracies. The Winona speech
was grotesque, he said, while the New York
speech was a flat contradiction of the
Winona utterance. Mr. Dolliver said he
would acquit the President of intentionally
saying a word not founded on truth, but
the fact remained that he had made state
ments not in harmony with actual condi
tions. -, "The tariff was revised by its most
intimate friends and Its defence, left to
total strangers," he sairl.
One of Mr. Dolllver's humorous sallies
was his declaration that the year 1009
would be notable for two great events.
One was the discovery of the. North Pole
by Dr. Cook and the other the downward
revision of the tariff by Senator Aldrich.
Both of these discoveries, had been intro
duced to the public by the highest official
congratulations, and each was a great hoax
In Itself.
Mr. Dolliver declared there was no longer
any freedom of conscience or of opinion,
such as had once made the Republican
party strong. Referring briefly to Speaker
Cannon's declaration in a speech in Phila
delphia "that the insurgents should be
hanged," he declared that he would not
treat that remark seriously. Hereafter, he
said, it was evident that men entering Con
gress must become either- understudies or
Ishmaelltes. "I reject the terms, and shall
contend for independence within the party.
I do : not flght to destroy the party, to
upbuild it," he eaid.
Denies Injuring Administration.
Discussing the Presidents course toward
the insurgents, Mr. Dolliver declared they
were not playing for popularity, as had been
charged, and speaking of his personal rela
tions to the President, he declared he had
never done anything to injure the admin
istration.
"Such a charge does me the gravest In
justice," he declared. "None rejoiced more
sincerely than I when he won the nomina
tion. 1 did what I could to promote his
candidacy for the Presidency. T supported
him from one ocean to the other after he
became a candidate. When he took the
oath of office I had but one sentiment tow
ard him. and that was the hope that God
would give him power to stand agninst the
conspiracy of greed and avarice that would
enslave the party. *
"I have known many vicissitudes in pub
lic life," he continued, "but I never dreamed
that within le.=s than a year I would be
calied upon to defend myself and the little,
group of men with whom I stand against
the charge of taking seriously the Presi
dent's speeches and the platform pledges."
Mr. Dolliver said he proposed to tell not
only what had gone on In Congress last
year in connection with the tariff, but what
was going on now to prevent members
from following the dictates of their own
conscience.", and he thought that If the in
surgents had made any mistake it was in
remaining silent too long.
"I notify all parties that T have no inten
tion of leaving the Republican party," h«
said. "It is not necessary for men to
swallow every tariff bill that is set before
them, and if wouid be difficult to get ma
out of the party on such a charge. Tt can
not b« done by lying about me or by call
ing me names, much rr 'free trader' or
'Democrat.' I,eas? of all can It be done
by taking from my neck the millstone of
political patronage. I share the universal
difgupt of making a great executive de
partment the headquarters of the awkward
squad of politic*."
The Platform Pledge. .
Mr. Dolliver said it was true that the Re
publican platform did not promise to re
vise the tariff downward, and If that prom- I
ise had been made it would have been easy
to comply with it by reducing the duties on
articles protected by patents or controlled
by international t runts.
"Then it could have bren defended
plausibly by stump speakers," he- said,
"Just as it was at Winona. when the Presi
dent presented a grotesque table of reduc
tions in duties, which was prepared by a
paymaster in the army." ;
He referred to a jor i»rd, who assisted
the Senate Committee on Finance In draft- !
Ing its bill, and then undertook to show
that rates had been raised-mos t of them
in an unnecessarily 6ecret way and by sub
terfuge. '
Mr. Dolliver asserted • that it was a
strategic mistake to circulate the Presi
dent's Winona speech along with his Lin
coln Day uddress. an they were contra
dictory in terms. The President had given
entirely different reasons In the two
speeches for considering the Payne law
the best ever enacted," h(t said, and de
clare.l that the tariff was being bolstered
up by boguß figures.
contending that the principle of allowing: j
interested men to revtse the tariff was i
£ rong, Mr. Dolliver rsserted that wiiil* the
F resident understood that princlplo his
in. B of it -w,re "foggy." Alter quoting that
P«r| of the Winona speech in which the I
i resident upheld IflWI Aldrich and
1 ayo», hi said that while men "who stood
lor individual and class interest* were being
sustained, the little K roup of men who have
kicked horn »* riKht " ° f t PUbHc are to be
Mr Dolliver closed with an txpresslon of
cnnfldc.:r* tll «t the time was near when the
Public would demand more justice in
D^Hf nd hlsher **-• oa the
part of legislator,...
FINISHING RAILROAD BILL
Only One Feature Now Prevents
Agreement.
PERIOD OF SUSPENSION
Long" and Short Haul Clause
May Be Changed — Confer
rees Consult President. .
TVflshington, June 13.— A session of the
conferrees on the railroai hill was held to
night at the hom<* of Senator Elkins. Only
nne feature of the bill remains a serious
bar to final agreement. That relates to the
period of suspension of Increases in rates
pendine an investigation by th<» Ir'erstate
Commerce Commission to determine the
reasonableness of the advances.
President Taft showed marked Interest In
this provision, and. although a tentative
agreement was reached regarding It, this
suggestion of compromise must be submit
ted to him before it is finally placed in Urn
hill. It Is understood that Senators Elkins
and Aldrich and Representative Mann will
take .their tentative draft to the White
Kou=e to-morrow
An unusual situation exists in regard to
this portion of the bill. The bill passed by
the House would provide for a suspension
of an toevsaMi rate for not more than four
months. The Senate bill would make the
same provision, except that, according to
an amendment by Senator Jones, the com
mission would be empowered to make a
further . suspension, not to exceed six
months, in the event that the original
ppriod had been insufficient to ascertain
whether the increases were reasonable.
Mr. Mann, it is said, favored the ret»n
tion of the Senate amendment, while Sena
tors Elkins and Aldrich were willing to ac
cept the provision in the House bill. . -; ■
President -'F%ft was reported to favor I
compromise which would make the total
suspension flx months. Tfee Presidents
idea may prevail. The senate conferrees
offered to accept 'this proopsition. but until
to-night at least failed to convince Mr.
Mann that the work of the Senate was not
best.
Another important feature settled tenta
tively, hut which may yet be changed, i?
the provision to prohibit the railroads from
charging a higher rate for a short than for
a long hauj. Western Senators expressed
fr&r that the TlnufHj provision would be de
clared unconstitutional, and therefore th-y
have urg^d the Senate eonfemea to insist
on the amendment adopted hy tha Senate.
The difference is that the House pro
vision might b»> construed as delfallng
legislative authority to the commission,
while the Senate provision prescribes tfca
ruie by which the commission might make
exceptions io the general rule. Mr. Mann
"Stakes his reputation" on the effectiveness
of the IIou«e provision.
The Senate conferrees are disposed to
take the House provision, and will do so
if the "Western Senators who have under
taken to look into the legal phase of the
situation report to-morrow that it is sat
isfactory to them. f
The stock and bond feature of the House
bill Ib to b? eliminated, and a provision
for the appointment of a commission to
investigate the whole subject of the pro
posed federal regulation of the securities
of railroads will be substituted. It is un
derstood that $25,000 will be appropriated
to defray the expenses of the commission.
JEWIS&^NGER.
House Furnishing Warerooms
EitaWlthfd 1835. .
Cooking. Utensils of every kind, Tin, Copper, Aluminum, Nickel and
Guaranteed Enameled Steel. Cutlery, Earthenware, China
and Glass, Woodenware, Laundry . Furniture, etc.
House Cleaning Materials, Vacuum Cleaners.
Refrigerators Wafer Filters and Coolers
Th "Fdrt •• Our standard for * cc Cream Freezers
y a Quarter Century Hammocks and Hamns^k Beds
The "Premier" Glass lined. , „ , .
~. _ , „ r /-1 i- fr> r outdoor skeptnz
The Perfection of Cleanliness,! F &
Efficiency and Economy Lawn Umbrellas and Tables, it
130 and 132 West 42d Street, New York
Store Ready at 8:15 A.M. Directly or. the Interborcugh Sub*i?
Eight Car Lines Each Way to Store
ff I New York, June 14, 1910 , *
Call "GRAMERCY 6900"— Mail Order | \ " "
Section— any hour of the day or night A Bnght spo
* +*- >.t t. * . To Spend
and there will be some one to take your _
order. Prompt delivery will follow. [ A Gloomy Day J
order. Prompt delivery will follow .
A Wedding Tale J
of 71 China Dinner Sets and
Some Special Cut Glass
So beautiful that even though they are lower in^P ? i
no bride wiD object to receiving them as a wedding gi#n
Twenty Charles Field Haviland dinner sets to I*m
today at $20. » .
Ten Charles Field Haviland dinner sets will be r^
at $20. ...
Twenty Theodore Haviland dinner sets to be **
at §30.
Six Pouyat French China dinner sets to be sold at $5-
Fifteen English porcelain dinner sets to be sold atvjjh
With June half over we have decided to sacrifice part.^
the profit on these remaining few sets in various attracW.
decorations. Banging from 10] to 114 pieces, each **
straight from our regular stock and at a saving of last *«*:
prices which may interest those furnishing Summer horn%
Cut Glass in rich designs at a saving of from «*
fourth to one-third, because the factory which we con^
made up too many of the following articles: ■ :: ' J
; iMght-mch bowls now priced at $5. Seven-inch m
pies, now $2.50 and $2.75. .^
kJIjX* 1 ' 7'7 ' 8 - *> and 10-inch, now $3, $4,^^
Second Gallery, New Building.
}XT""""""" have th^ZT
ptpna. I ■*«&.
As drafted there is no reqalr.' ' '*-
the commission n»po to th* B *^*^* >
of Congress. This Is •aaajail!i "'***'■•
ground that no one was wm^ Ca t^
mate ho*- lonn such an Iml ** ''•
would take. " '■ * %^nv^
It was said that the cenfe-.^ S^
to th" President to-day that k "^
dlfflctilt to get the provision fo- ?***■ k
«ion through even th* Seaat» r- ° l!S!S: i.
d#nt aarain inslntM thin f«ato re stUW
j into the hill, and he believes 1» v^'* *
j flcient influence tr> secure fts sa»^*l
! both Senato and H«nue. if w^?* l »a|
' point the commieslon hlm«if »r^L !*f>]
■ free to make up its memhershrr «.l^.*^
in or out of piiblir service. " " s=:^
Senator Newlamis and Repras^
Adamscn. th» Drrrocratlc mstg^^Sh
called into th* conference lat* \Vj ' ***
noon by their Republican associa:^ *^"
fact and th» two Ttsitg of coa.V..
: the White Hous© daj l»d to-thV'*'*
j that a final agreement had be» n jJS?
; The minority member 3 "irrrajn^—
satisfaction with th* worlt 0 ( njT^
rerrees, although they gay« na aa»»sw
that th#y would support the coafsr^."^
In fact. Mr. Adsmson indicated Jij-r
woul<l not. V - ; . > ■ '■*
BURGLARS CARRY OFF $4,3^
Rob Department St.or« saf» «aia
haraton T 8 Principal Coraßj.vi
Blni?b3T!f"n. V. T . .Tun* p »>,
of burglars whi»"h has r«r*ntl* oaj?
in New York clttes v<«lt«»«l BCagSI
aarly this morning and «ot a-*aj
aan •■ SJ.CjO from tb*» saf» ct Qta j^T
Mclvan * Haakins departn:«r.t saa^
Btnghamton's principal corc»>r.
Without explosives, and appaxeatl?
only a drill and a rhtsal. tho cc^biri*-!
knob of tbe saf* was torn loose sa)^
saf«> »n(»d. Aft»r taking the «bom> B( .
cceds of Satnrdav's rales, tha xri?*^,
roll and norn* privat* fc^ds cf Jfc e»
kins, the men made rhetr «scip» b
riag* trhich they had concealed taan^
by alley. _ -J
HUNTERS RUN - TPOM 3XA2|
After First Surprise They Rail?
Ba? Their Pursnen. j
Sarar.ac t>ak». N. T.. JTua» S.-t%
Clark- Hayes. Homer Hayes sad 8r«
Reed were eating their dinner nu ttt»ab
of Moos** Mountain, four rnC»s from ?m
yesterday, thre* h!a"k bears broke fiiMa
th» bushes and came straight at rW
The men are all experienced bear vasal
hut this was a new experleacv aad sir
took to The tall timbers
Th» only one to think of his pm ■■
Clarke Hayes. H» grabbed his TtiiTa<|
and, after running ten rod*, timwd at
shot the largest bear in the tMad £
bear continued to make for Hares, 'cj
not until he had shot three timgj if*
fall with a bullet through th» heart. %
other hunters by this rime had r»nua«
their weapons, and ■with fo\- -r.-'s iaja;
the two other bears.
WOMEN COURT IMPEISCSMZT I
Fined for Distributing Bills at Stri,
TJey Appeal. '
Boston, June Expressing rtfrtt tilj
their sentence- was a S5 fine Instead c; 3.
prisonment. Mrs. Glendowrx Evans, ij;
Is socially prominent, and Mias ilit«!
lespie, secretary of the Women's la*
Union League, appealed to-d*y fnn i
lATver court conviction of distributing ici
bills at a strike without a license. ••-
Mrs. Evan's said after the court praat
lnsrs that she would go to jal! raitbarias
pay the fine. ■ •