■ 3
DaiK m
Picture Coupon
Six Coupons like this, together
with or.c from THE SUNDAY
TRIBUNE
fThfv Mwdfnot ♦>' rnnswutlve flats»)
if presented with, v : : -,^\. -^
"' 10 CENTS
mt th* oScra of
The New-York Tribune
Main Office, -gIS^S.
rriOVTW OFFICK — 18«4 Bro«<!w«-
STill rrfi ih» b.arer to on* e^»u!n» Mind
rolor»<! Photcrr»vur*-.-on flne p!«t« paper.
14*»xl3«i. 12c BT MAIL.
gub.irct* re«<Jy:
BABY STUART. .
THE STORM. "
BREAKERS. : { •
MOTHER AND CHILD.
THE HOLY FAMILY
AN AMERICAN BEAUTY
PEACEFUL HOUR
4<W> shares and various' smaller blocks,
and in January, after Mr. Morgan had
bought th* Ryan Equitable Life stock,
the Guaranty Trust Company absorbed
the Morton and Fifth Avenue Trust
companies.' The Equitable Life owned
on December 31 last $5.023.H» of tfce
$25jQ00.<W> capital stock of the National
Bank of Commerce, or abov£ 20 per
cent- SI 4.V;T«». or almost "iO per cent.
of the stock of th* Equitable Trust
Company, and $1,204,100 of the 12*00
<KWL. capital *tdck « , the Mercantile
Trust Company. -.- Uj-lii - Jr ? •
- The control of these' three institutions,
therefore, may be Hid to lie with Mr.
Mor^n. since by the action of the two
-surviving trustees of .the Equitable Life
Assurance Society the full control of that
Institution has been turned over to him.
vlth power to make or not to make a
■new voting trust agreement, and the In
stitution will be conducted in harmony
.•Pith the Guaranty Tru*t Company, the
Bankers* Trust Company and the other
banks of the Morgan group. ■*" Under the
insurance law. it should be noted, the
Equitable Llf^will.be obliged to divest
itsejf of th* owner?hi;' of; these stocks
by the Wid .bt!l9"Ht.' : ' ''' * '■■^
'. The Ryan .d*«d of trust provided that
th* directors shouldvbejdivided into lour
classes, thirteen directors to be elected
each year, of/whom seven should be
fleeted by the polioyholders and six hy
•h* trustees, in line with the plan of
mutualization adopted by the directors
in MX. official ratification of which was
r blocked by litigation. As is pointed out
in the letter of the trustees to Mr. llor
. gan. the polityholders have from the Ik
ginnlng delegated to the trustees their
privilege of selecting representatives on
the board.
Ryan Offered Stock to Society.
Mr. Ryan two or three years ago an- j
nounced his intention of retiring from
•active business, retaining his connec- !
• tion with only three institutions or cor
•poratlons. and it was in pursuance of
that purpose that 'v- turned over the
• Equitable control to Mr. Morgan, it has
been understood, u»uelvinf; for the r»O2
shares out of the total 1,000 th* sum
paid by him faniir Hazen Hyde for
the block. $2,C>00.00<), plus interest at 4
per cent from t_he «iaie of the purchase
in 1905. The stock was offered by him
on the same terms to the Equitable it
'sfcif tvfo^or three years s aie6. it has been
credibl> reported, but the offer could
ii"t be accepted. . . . . - . '•
It came out in the insurance Investiera-
I tion that the late E. H. Harriman <!o
"msnded a half interest in the T»<»2 shares
•f Hyd«- stock, which Mr. Kyan refused
•>« kB him. but in the sprinp of L 909
sn agreement was entered into between
. the two financiers under which Mr.
Kyan was to turn over to Mr. Harriman
at-th* expiration of the trust agreement
the desired one-half of the BOS shares of
majority- stock Mr. Harriman'= death
; rrvente»l the consummation of the con
tract of sa!«\ th«> transaction with Mr.
ifotajan following.
The purchase of the Equitabie control
by Mr. Ryan, which followed the rejec
tion by Mr. Hyde of mcch higher offers
from other financiers and syndicates,
marked the close of an internal conflict
of intense bitterness, engendering *>n
mitifs the traces of which have not yet,
aftor the iaps«^ of five years, b^cn ob
literated, and threatening the stability
-of the society.
Presidency of Paul Morton.
The trouhle started on February l."»,
31>0.\ with thf submission to the direct
ors Of petitions signed by President
James V.*=. Alexander and nearly forty
oth^r officers asking that James Hazen
Hyrie hf- r.ot re-e'ected vi-e-president
and that a voice in the election of illrect
ors be given to the policyholdcrs.
- VFItB the transfer of the stock control
to Mr.- Ryan. Paul Morion, formerly a
vice- president of the Atchi«on and s<< -
retary of thr Navy, who had a short
frr* previously com** to New York tr>
t . .--is' Mr. Ryan in the management nf
hi? various corporate interests, was
c t<>r3 chairman of th*» board, with
j.>nary. powers, and th<* resignations of
all thY oiri oWcer* were handed In.
Mr. Morton soon afterward s-'uee^eded
Mr. Alexander as president. a:i ofhV<"
•.vhich he still nils The Equitable T^ife
has thriven under his dir*vtion_ and at
th<? ♦•rid of last year r^port^-d assets of
th» ootoaaal touii of |#§t.MM I
SUE TO RECOVER FISH STANDS.
* Henry Sorgen and several other owners of
fls-h stxT:<i«- U!:<"i<": the Will'amshurg Bridge
tvr!iH "yesterday to Imtioe Ojecerlcti for
an Injunction restraining Controller Piren
«l«>rßaj>t. FVt-- : Aitk^n. xtiV«-T ini^i.-ie-ni of
ir.arke'v. and oih«v oAcsaU from interfer
ing with ijif 1 occupancy of the stands.
Moving
This Spring?
See what the "Want Ads."
offer . to-day. . If you don't
*cc what want, advertise
for it. The cost i* a trifle.
I
THE TRIBUNE,
154 Na*«u St.
• . Uptown, -'364 -Broadway.-'
PASSENGER PLANES NEXT
"That's Only a Beginning." Says
Hamilton, of Great Flight.
APPARATUS BEING IMPROVED
Bird-Man Promises Spectacular
Exhibitions in the City and
Up the Hudson.
"Thafs only a beginning." is the opinion
expressed by Charles Keeney Hamilton yes
terday, when he was congratulated on hi 3
wonderful feat of Monday.
The little red haired man-bird who wa«
the first in the world to make an intercity
'cross-country flight on schedule, Is full if
optimism as to the future, and the Immedi
ate future, too, of aeroplarres.
Planes carrying two and possibly threo
passengers from New York to St. Louis and
similar distance across country are a pos
sibility of a year's development, he thinks,
and he points in support of the- rosy idea,
tc the development of the last year.
The planes themselves, the engine and
the propeller, said Hamilton, were belns;
perfected more and more every day. and it
was easy to o*o that the nervy aviator be
lieved that with perfected apparatus peopl-i
generally would lose all sense of fear »n
trusting themselves to tru? air.
Four Demonstrations Ahead.
Hamilton himself has four demonstra
tions ahead or him now. He has sent to
HammondSport; N. V., for a n^w propeller.
which he expects will arrive cither to-day
o: to-morrow. Then he plans a flight up
the Hudson River, at least as far as Grant B
Tomb, and possibly the full ength of -ian
hattan Island, and back down, to Govern
ors Island His Intention is to have this
flight advertised for a definite day, hqur
and minute, so that New Yorkers may be
recompensed for some._of.the disappoint
■Mßts of last Call. He has a contract to
fly at Nashvii'e on June 20." however, in
connection with the "military manoeuvres
there, and if his propeller docs not arrive
within two days, he said yesterday- that lie
would postpone his New York night until
after the. Nashville engagement.
At his. hotel "yesterday. "taking things easy
after his strenuous efforts of Monday. Ham
ilton acted as if he thought he had disap
pointed New Yorkers- Sjtnorally because h«
didn't add an up-the-river flight to his long
trip from Philadelphia. He appeared t:>
think that he owed New Yorkers something
because of delays in a Jersey swamp, and
though he didn't have very much to say
about it. it was pretty evident that lv>
n ; cant to pay t!:at fancied debt with some
thing of an exhibition.
He spoke lightly yesterday of the possi
bility of a flight up Broadway itself at a
height of. say. thirty feet, and more seri
ously of a flight across Manhattan Island.
which would carry his machine directly
over the roofs of our tallest skyscrapers
and towers.
Over the Tall Buildings.
Those winds that hoom out of the canyons
between masse? of stonework on the south
end of Manhattan, of which other aviators
have spoken in hushed tones, fail to
frighten Hamilton, and he !s hs ready to
sail over the thickest built part of New-
York as he is to sweep over the Hempstead
piains.
Apart from his New York and Nashville
flights Hamilton still has his eye on Louis
Paulhan's long distance continuous flight
record of 117 miles, and he is making ar
rangements now for a flight in California,
during which he confidently expects to
hang up new figures on that matter.
That attempt, Hamilton said yesterday,
; would probably be made come time within
: the next three or four weeks, but as to
! what city wiH l.c selected for the start and
j finish of the trip lie was not ready to be
• quoted.
The machine wbfen made the New York-
Phfladelphia schedule trip on Monday
rested quietly yesterday in thp shed at Gov
ernor's Island, and will probably be housed
there until it is packed for shipment to
Nashville toward the end of the week. If
the new propeller arrives in time Hamilton
will certainly make a flight up the river.
and very likely the more spectacular flight
over the centre of Manhattan Island.
The red bird rested yesterday— that is. he
put in a quiet day at the Hotel Astor—mod
estly receiving congratulations on his long
flight, but he asserted that with the, excep
tion of a rather sore face, brought on by
the exposure to sun and wind on Monday,
he had no need of anything in the way
of reft.
FOR MAILS BY AEROPLANE
Sheppard's Bill Would Authorize
Making Experiments. .
[From The Tribune Bureau.]
Washington, June 14.— That Represent
ative Morris Bheppard, of Texas, takes tne
possibilities of the aeroplane seriously was
demonstrated this afternoon when he intro
duced a bill which provides that the Post
office Department shall Immediately begin
experiments with the machines as a method
of mail transmisrion. Mr. Sheppard's idea
is that the Postoffice Department <an use
Washington as a base and conduct the ex
periments with The outlying towns. His
bill makes no appropriation for the purpose,
but authorizes the department to spend as
much money as is necessary to make a
thorough investigation or the possibilities.
Mr. PhepparJ be!i»ves that the transmis
sion of mail? by aeroplanes will prove a
much more efficient, speedy and economi
cal method than any thus far employed.
"It may appear that th"> bill Is premature,"
he said, "but I am convinced that within
the next three months such progress will
be made in a°ria! utvigatlon that the plan
I propose will not only be practicable, but
desirable. Experiments of this character
are r.eing conducted in several foreign
countries, and i see no rfiwon why they
should not be tried here, even though they
should prove unsuccessful.' 1
FAILS IK ALTITUDE FLIGHT
, Brookins Would Break Own Record —
Wins Race with "Wind Wagon."
Indianapolis. June 14.— Against a stiff
wind Walter Brookins, of Dayton, Ohio,
; driving a Wright biplane, attempted late
! to-day at th Indianapolis speedway to
: better his own world's aeroplane record
for altitude, which he set yesterday at
4.354 Vi feet. Making a few wide circles, he
' reached the height of 1,703 feet in seven
minutes. Continuing his upward dash, he
i ."-oared to 2,053 feet in 12 minutes 45 spc
ends. At this height Brookins met a strong
cross current, and with a short turn, he
i began a swift descent to within 200 feet
lof the earth. He alighted after manoeuvring
over the automobile course. Weather con
dition* curtailed the day's programme.
In one of two exhibition nights this af
ternoon Brookins raced with a "wind
. wagon. " a novel automobile driven by a
! r«-ai screw propeller operating against the
air. The race was two and a half miles,
once around the motor track, and the
aeroplane won by 25 yards. The time was
4:SS.
GUNBOAT FOR CABRERA'S SON.
Diego Cabrera, son of the PresfdeaJ of
| Guatemala, irno tried to commit suicide
j in France a week ago, arrived yeaterdaj
I from Cherbourg on the Kronprinzefci>ln •"«-
I eitte accompanied by two physidaas. He
1 had been abroad for a year or more, seeK
j mc to reosvei from tuberculosis, but had
j grown steadily wor.*e. Tfie iround he in
.rli-'-d was superficial. At th> Grand Cen
j '•.ii ■tattoo >..• •as pui aboard a private
i car. which will t-.«r- him to \c« Orleans,
, ■"here a Qinl—islsn gunboat will b* walt
1 tng to take him homo. . . . -'Z'r.l
XEW-YORK DAILY TRTBTXE. WEDXESDAY. JI\E .15, 1910.
DIRIGIBLE COMES TO TOWN
Continued from flr«t pncr
dirigible before he made any pffort at
heading for New York, as though he
wished to escape from the dust and
clamor of man-Inhabited earth to gain
the clearer, untrammelled byways and
lanes of the air world. Having reached
an altitude at which he calculated on
catching a favoring current of wind to
waft him toward hi? destination, Owens
straightened out in his course and fairly
raced eastward toward the Hudson.
1,500 Feet Above Newark.
By the time he was over Newark
Owens had attained a height of more
than fifteen hundred feet, and the world
lay at his feet, the Hudson flashing in
the sun like a dew laden spider's web
and the mass of steamboats and other
craft having been reduced to flylike pro
portions. As he neared the Manhattan
shore Owens deftly lifted a bag of sand
ballast and dumped it out over the side
of the dirigible, to fall in a silver spray
into the waters below him.
. Lightened by even such a small thing
as grains of sand, the yellow gas bag
with its human pilot took a lurch toward
the earth, as though it were a horse that
had stumbled, then found its feet again
and rose even higher in -the air.
About haif an hour after he had left
the crowds in Hillside Park Owens
reached the lower end of Manhattan Isl
and, by this time at a height of about
three hundred feet, and started in to
perform a few aerial evolutions over the
City Hall. The first inkling of his visit
that people In the tall office buildings re
ceived was when they happened to
glance in the direction of the Hudson
shortly before 11 o'clock. Suspended
there in the air. dancing and twisting
about like a bubble, its sides flashing in
the sunlight, the big gas bag slowly
drifted closer and closer to the earth, as
though it were a bit of gossamer that
had been dropped by some of the inhab
itants of another planet.
When it had reached a point about five
hundred feet from the New York side of
the Hudson those sam<* people in the
iofty office buildings who had strained
their eves and made idle conjectures as
to just who and what the iridescent bit
of air flotsam might be now became
filled with understanding, and started in
to welcome the dirigible and its pilot
with shouts, screams and gurgles of long
restrained excitement.
The great yellow bubble grew larger,
more tangible and nearer, and soon the
magic word had gone through great
office buildings, by the medium of
stenographers, elevator attendants and
office boys, that an airship had come to
town. From the roof tops of all the
skyscrapers came exclamations of won
der and interest. People strained their
necks and their eyes and their imaprina
ations. as they gazed at the visitor from
the clouds.
Grows Into Plainer Sight.
Now they could make out the outlines
of the framework below the gas bag;
they could see the figure of Owens, as
he shifted his weight, like a tight rope
walker, to meet every twist and lurch
of the dirigible. Another minute, and
the whirr and hum of the motor was
borne to them on the light wind. Then
it was that the air warf shattered by
the volume Of perhaps a hundred thou
sand cries of welcome, of wonderment,
of admiration.
As though in recognition of this out
burst from the throats of the Manhat
tahers, the yellow gas bag dropped a
pretty courtesy in the air and de
scended to take an even closer look at
its earthly neighbors. All thp harbor
craft in the river and in the Upper Bay
had also sighted the messenger from the i
clouds, and the booming and shrieking j
of their sirens added to the din that ]
must have been borne up to Owens, as
be balanced himself on the delicate
frame of the dirigible.
Disdaining the welcome that was thus
tendered him. Owens threw out another
bag of glistening sand and the gas
bubble hurtled upward in the air, leap
ing over the tallest of the buildings as
a cat would over a chair. Despite his
rise to higher altitudes, the people on
the streets and in the lofty buildings
could still make out the outlines of the
gas bag and the slender figure of Owens,
as he directed his course.
As if in evidence that the stranger
was created by man. and not fome
mirage of the air that would evaporate
while yet the people gazed at its grace
ful flight, the faint whirring from the
flashing propeller and the steady sput
tering from the motor of the balloon
reached the earth's surface and made
the visitor kin with those below.
Points to City Hall.
Pushinp its leisurely course through
the air, the dirigible few over ihf piers
that line West street, skirted the crest
of the <;erken Building and pointed its
prow toward the City Hall Park.
Loungers in the park, men hurrying to
business and the busy thousands dis
gorged from the Brooklyn Bridge then
took up the welcome to Owens and his
s-hip. They stopped short in their
tracks." waved huts and handkerchiefs
in the air and unbosomed themselves
in tribute to the aerial traveller.
Predictions as to Oweas's programme
were rife in the streets and the build
ings, lien and women, girls and boys
all made different guesses as to just
what find where the aeronaut would do
and land — and they were all wrong.
It has been noften said by men skilled
in the navigation of the air that lower
Manhattan Island is about as bad a
place to navigate above, owing to the
wind currents generated by the narrow
chasms uetween the tail buildings, as
any treacherous ocean channels, and
Owens found It all of that.
Despite every effort on his part, th.p
dirigible turned and twisted in tortu
ous manner, as a darner in the mazes
of a difficult figure, and as it plunged
into hidden whirlpools of air vacuums
and reared its prow to the heavens in
response to the buffeting of aerial
breaker?, thos^ on the ground gasped
and clenched their hands.
It seemed inevitable that the youthful
aeronaut should he dashed against the
granite walls of the buildings that lay
in his path like jagged rocks. Only his
remarkable- agility and steadfast nerve
prevented . i uch a disastrous ending to
the voyage in the air.
The aeronaut finally succeeded in
balancing hie craft anil maintaining a
fairly even keel, and the thousands gaz
ing heavenward breathed easier as they
saw that It was so. Most of thos>* who
vatched him as he made his jerky,
dipping flight across the city, had been
prepared somewhat, by previous flights
of -iir pilots, to wonders of daring ac
complished in the air, but nothing like
the evolutions performed by this Mfw
claimant for aerial l.iurels hadgever
been witnessed until " now, and they
awaited with mingled feelings to see if
he would escape-unscathed.
Over a Skyscraper Now.
Having regained control of his airship,
Owens made his precarious way over the
top of the Postal Telegraph Building,
and hovered for a second over. the Post
office. Then, finding that he was getting
too close to earth. Owens dropped an
other hag- of yellow sand, sending his air
craft soaring aioft once more. He then
turned the prow o£. his balloon toward
the North River, as if headed hack for
the starting place. • and those in the
street? Jtieaved sighs of disappointment,
for they took it for granted that the
aeronaut was going to leave them.
They were thrilled anew a moment
later, however, when Owens described a
sweeping, graceful semi-circle, gradually
coming closer to the roofs of the build
ings, and headed uptown. As if to prove
to those who watched his erratic flight
that he was absolute master of the situ
ation, Owens headed his dirigible direct
ly over the roof of a building at Broad
way and Chambers street.
After taking this last hurdle Owens
found himself over the northwestern end
of City Hall Park, now so close to the
ground that the black smoke from his
exhaust blew in eddies about the tower
of the City Hall, while the yellow gas
bag almost scraped against the flagstaff
on Its crest. As the airship careened
this -way and that, like a drunken man,
the crowd watching below swayed in
silent sympathy.
Owens glanced downward as he hov
ered over the park, and seemed to be
looking for a good spot in which to
alight. After making a preliminary
turn about the City Hall hp flashed over
the roof of the county courthouse, '.vhrre
justices, court attendants and others
were pathered. As if he were the skip
per of an ocean liner, Owens then tossed
overboard a length of rope, as if seeking
an anchorage.
In an instant some of the more ex
citable youths on the roof of the court
house, in Chambers street, had grasped
the rope and given it a mighty tug.
That caused the airship to descend sud
denly, and hof>re Owens could yell in
protest the balloon had bumped the
roof and rebounded into the air. Luck
ily for Owens the rope gave way under
the strain, but not before the frail net
work 0/ the frame had buckled in the
middle.
In Desperate Straits Now.
Owens now realized that he was in
desperate straits, and he ran along the
narrow supporting beam at the side of
hip craft and hastily dumped out an
other bag of sand. The effect on the
airship was magical it shot upward
again Into the blue above it.
Although he had escaped the momen
tary dangers of the network of buildings
about Park Row. Owens soon realized
that he was still in a bad plight. The
collision with the courthouse had put h's
motor almost out of the running, and
his airship was drifting in the air cur
rents like a rudderless vessel on the
ocean. Owens knew that his only salva
tion lay in finding a clear space In which
to land before a contrary wind took him
out to sea.
He managed to face the airship toward
the Long Island shore, for he calculated
on finding some less densely populated
spot in that direction. By constantly
throwing out more ballast Owens was
able to clear the Brooklyn Bridge,
though he came perilously near hitting
one of the towers with his gas hag. He
then allowed the dirisrible to drift on the
air currents in the direction of Brooklyn
while he made frantic attempts to repair
his motor.
He knew that even if he dropped in
the river it was preferable to descending
among tail buildings, with consequent
danger of demolition by stone walls, and
he thought that if he could repair the
motor he might still »>p triumphant.
A few minutes, however, sufficed to
show him that the motor was injured
beyond hope of immediate repair, and
as he was by this, time above the low
roofed houses at Gates and Xostran/1
avenues, in Brooklyn, he decided that
his best course was to bring his flight
to an mil right there. With that deter
mination he climbed into the frame
work and loosened the gas valve. In an
instant the yellow tube began to crinkle
i-iid flatten, and the balloon lurched
down, with broken spirit and dying
breath.
Skimming the roofs of several houses
Owens finally landed with a crash in a
large maple tree in front of No. &V,\
Gates avenue. Hardly had the noise of
his descent died away when the street
was alive with people, all shouting ad
vice nnd commands. Owens, perched in
the branches of the tree, refused to de
sert his ship until a truck company an
swered a call. The firemen ran up lad
ders and made the 1 airship fast. Then
Owens descended. As he reached the
ground after his tempestuous flight his
manager, who had followed in an auto
mobile, gave him a drink and a cigar
The machine was then loaded on a
wagon and taken back to New Jersey,
accompanied l>y Owens.
The young aeronaut was cool Still
when surrounded by wondering men and
b<>ys. and said he would fly Manhattan
ward again when his airship was re
paired. If he does, and his flight is sim
ilar to yesterday's, there will be an even
larger turning out of the citizens to
watch him.
HARVARD BIPLANE WRECKED
Secret Flight at Night Disas
trous to Crimson Airship.
[By Telegraph to The Tribune. 1
Boston, .lune 14.— Harvard's new biplane,
the Harvard I, which had its first trials
this^ morning, was wrecked to-night when
J. V. Martin, who has had charge of it.
sought to make a secret flight on Soldiers'
Field. Martin got the machine out of its
quarters at the Stadium about S o'clock
and with the help of a number of students
niaite leady for the trial. He took hi.s
1 'a'-e and a few moments later the ma
chlrio was racing across the nvld.
Fifty yards away was a dump, and as
the machine gained speed it got beyond
Martin's control, and beaded straight 'for
tills. Before the aviator could turn off
the power and bOlng It to a stop the ma
chine struck the dump, careened to one
Side and ripped the front wheels completely
off the framo. .
Considerable other damage was also done
to the biplane, so that it will he ,\ week
or more before it can ag.iin be used. The
trials this morning were only on the
ground, and it had been planned to at
tempt a flight to-morow.
PLANS INTERCITY FLIGHT TO-DAY.
Topeka. Kan., June 14.— J. C. Mars an
nounced this afternoon that h- would at
terapi a Bight from Topeka to Kansai City
to-morrow orning n his biplane. He win
Mop at Lawrenceand Olathe. He expects
to travel tli<» aixty-?even miles in three
hours, including stops, for a. prize or }5,000.
SUES STRIKE SYMPATHIZERS
Shirtwaist Concern After Mrs.
Belmont and Other Workers.
Mrs. OH-er H. P. RHmont and Miss Inez
Milhnlland, other officers' of th^ Women's
Trade Union I-eapue. tho International!
Garment Workers' Union and others who
took part in the shirtwaist makers' Btrik->
last November .were nam»d as defendants
lin a suit under tho Sherman anti-trust ac
yesterday.
The papers \ve r e filed in the United States
Circuit Court by counsel for A. Sitomer «c
Co.. shirtwaist manufacturers, of No. 37
Walker street, who said that thoy lost $50.
000 in the labor battfe. Under the trip!-?
damage clause of the act, they are sofa*
1 for $150,000,
Thp manufacturers have invoked Sec
tion 7 of the act. which is the conspiracy
clause used in the hatmakers' suit in Dan
bury, and applies to all kinds of comhln-.
tions and conspiracies li restraint of Inter
state trade and commerce. The defendants
are charged 'vith violation? of this clausa
by compelling the concern and the firms • >
which they save materials to he made into
shirtwaists to comply with the "unfair,
unreasonable and aribtrary demands of thy
Women's Trade Union League" to employ
only union lalor.
A. Sitomer & Co. Is a New Jersey cor
poration. In the complaint It Is alle^-rl
that since the strike the company has been
injured in its business to the amount >>f
$r>o.ooo. Although the company compiled
with the union demands, it could do no
business, it Is alleged, because the firms
M-hich wore its principal customers were
UCO>r boycott and their employes on strike
until an injunction was, obtained from Jus
tice Amend.
TO INSPECT MILK PLANTS
One Hundred Women to Leave
City To-night on Special Train.
More than one hundred representatives
of various women's clubs of this city will
leave the Erie station to-nißht at 10:30
o'clock on their way to RinKhamton.
whence they will journey in automobiles to
visit a number of the bottling and <on
densinp plants of the Borden Condensed
Milk Company. The trip will be made in a
special train of nine Pullman sleeping cars,
and the Borden company, whose guests the
women will be, has arranged that each
member of the party shall have a lower
berth.
The party will r^ach Binghamton on
Thursday morning. After breakf^t the
visitors will start in twenty-five automo
biles provided for their use and go direct
to the Borden bottling plant, at Rrisben.
Here the treatment of the milk will be
shown, from the dairyman's huge can. as
it is delivered, to the bottles in their heav
ily iced cans, rf-ady to he shipped to the
city.
From Brisben the party proceed? to Nor
wich, in the chenango Valley, where the
women will be the guests of the Norwich
Woman's Club at luncheon. After luncheon
the visitors will travel hack to Oxford.
through which they passed in their way to
Norwich.
The first bottling plant thp R-irden com
pany established will be seen at Oxford.
Rack to Norwich again, the members of
the party will haw an opportunity to wit
ness 'he exact process by which milk is
condensed. The return to Binghamton will
be made In the late afternoon, and that
evening the party will he taken in charge
b\ a committee composed of thirty women
of Binghamtor.. who will entertain ;it the
Monday Afternoon Club, where dinner will
be served.
After the dinner the party will again
board the special train, which will be foted
at every plant visited, ready for occupalpy
in casp of accident to the automobiles, and
proceed to Middletown. where the process
of manufacturing caramels and chocolates
wi!l be inspected. This accomplished, the
special train and Its occupants will return
to New York, arriving in time for dinner.
BALDWIN'S BEST FLIGHTS
Covers Nearly Nine Miles Before
Crowd at Hempstead.
r Ry Telegraph to The Tribune. 1
Hempstead, Long Island, June 14.—Man
spectators from all about Long Island and
from Brooklyn and Manhattan came out to
the Hempstead Plains this evening in auto
mobiles to see Captain Thomas S. Baldwin
perform some remarkable fiisi.ts with his
biplane and also win a pilot's license, hav
ing made nearly nine miles without once
coming to the pround. He maintained an
average height of about seventy-five feet.
Baldwin's machine had been repaired and
was apparently none the worse for its
smash-up of !a=t night. Joseph Seymour
made three circuits of the course, rising
higher than on aru- of his former trials.
The biplane that was built by Philip W.
Wilcox, a Columbia student, will be given
a trial to-morrow. The machine resembles
the Farman biplnne with the exception that
the Wilcox machine has two rudders and
has an eight-cylinder 6ft- horse power engine.
Wilcox will at times drive the machine.
as will also Lewis Stranc. a former auto
mobile driver, and Major c tecar Krlandsen,
of the Ist Visual Corps, N. <;. N. Y.
JURY DISMISSED, RECONVENED
Come Back and Put Different Aspect
on Divorce Suit.
After reporting last Saturday that they
could not agree on a verdict and being
discharged the jury in the divorce suit
brought by William o. Horn against Kath
leen Horn was reconvened yesterday by
Justice Nev.ourger under unusual circum
stances.
Counsel for Horn made Inquiries among
the jurymen, who still are members of the
June panel, and what he learned placed a
different aspect on the case. Instead or
having disagreed as to the charges of the
husband, the Jury found them established,
but I'ould not agree on the sanity of Mrs.
Horn, whose defence was that she was
mentally Irresponsible.
When the twelve men wrre again in the
jury box yesterday Justice Newburcer
asked the foreman how they came to re
port a disagreenient. The foreman replied
that the jury und«r^tood that they were
expected to ag'-ee trn both question;, at
issue. .lames \\\ Osborne, counsel for Mrs
Horn, objeded to the proceeding The
question of the validity of Mrs. Horn'l de
fence will now have to be decided before
the husband can na\e his divorce decree.
DR. M "KIM'S MOTION REFUSED
Must Answer Wife's Complaint at
Reno Within Three Days.
Reno. Nev.. June 14.~The motion of TV.
Smith rlollins McKim, of New York, for
permission to tile a plea in abatement at
tacking the jurisdiction of the Nevada
courts in rhe suit of his wife for divorce
was denied to-day in the District Court.
Dr. McKim has three days in which to file
an answer to his wife's complaint.
Th« court held that as the question of
Mrs. ifcKhn'a residence, "ti which it was
1 roposed to contest the jurisdiction of thu
court, was one Of Ihe "necessary allega
tions of the complaint, to allow the de
fendant to contest Ihis allegation through
a plea of abatement would open the way
for all the Issues of the case to lx- con
tested In a similar manner.
AUTO TRUCK KILLS BOY
Little Fellow Fails to Get Out of the
Way and Skull Is Crushed.
Irving Ringler. tight years old, ol -No. S.IS
East Iti'.ith street, was run over and killnl
by an auto ti .ir|< at Prospect avenue and
I>sr *jh *tr*ei yesterday afternoon The boy
had been playing in » grass pint in th»
centre O f Fra |..vt nventie and a- h< started
lor h.-r.f thp truch shifted suddenly from
the right to tha \tt\ Bide .f l**th -•■• 1
and struck him. .\ front wheel passed over
tht boy *, h<-au, crushing his skull.
COURT FES THE AIR
Wright Injunctions Against Cur
tissand Paulhan Dissolved.
BIG MEET WILL BENEFIT
No Bars Against Foreign Avi
ators Who May Take Part in
International Contests.
"Anybody can build a flying machine
now. and"— but Charles K. Hamilton, who
had blown from New York to Philadelphia
and back the day before, stopped right
there. He was bei?!nninjr to comment last
nlffht at the Hotel Astor on tru- derision
of the rniterl 3tates Circuit Court of Ap
peals in the afternoon reversing the lower
court which had granted a temporary In
junction to the Wright Company a«?atn»t
the Herring-Curtiss Company and Louis
Paulhan. In an upper reOM Qtona H. Cur
tis-, who had flown from Albany to New
York, gave out a statement, and Mr Ham
ilton did not want to say anything to con
flict with U.
The court's decision, which embraced as ',
well the temporary injunction obtained ;
against Tjouis Paulhan. the French avia
tor, sent a thrill of 'ioy throush the whole ;
Curtiss camp. It meant the cancellation of i
the 510,000 bond given by Mr. Curtiaa when
j the fij?ht was begun, and freed the aviation
field, it was said, for at least a year, from j
| restrictive litigation, for the case, based on
! alleged infringement of the Wright patents,
must still be decided on its merits.
it was said last evening that the removal ;
of the injunction would free the Aero Club ;
from Its contracts with the Wrights pro
viding for a licen.se fee for all aero meets
and would make the international meet In ■
! October one free from all restrictions, and i
hence broader in its scope. |
i The decision of ,the court is not subject
Ito appeal. It was late in the afternoon
j when it was rumored about the Federal 1
I Building that the ca*e had been decided.
i The clerks of the court, however, did not
1 give it out for publication. They kept it
! secret, locking the pap^r? up when they '
j left for the day. The court said, after call
ing attention to the fact that the injunc
tion in the Curtiss ca."? was granted at
Buffalo:
There Is no dispute as to the proposition
that the Question whether or not there has
been Infringement of this patent, however
broadly It may be construed, depends upon
the question whether or not in defendant's |
i machine a tendency to spin or swerve is '
i cheeked or counteracted by the operation
lof the vertical rudder. That, of course— on
Its theoretical and its practical side — is a
question of fact. Th<? record before us con
tains numerous affidavits which. w*-re not
presented until after original decision and
which, as both sides state, were admitted
upon motion for rehearing without discus
sion of their contents Jbgr the court, but for
the purpose of bringing the case more
fully before the Court of Appeals.
Sharp Conflict of Evidence.
In this record, upon the question of fact
above stated, there is a sharp conflict of
evidence, numerous affiants testifying. All
their statements are ex parte affidavits
made without any opportunity to test their
j probative force by cross-examination.
L'nder such circumstances It seems to us.
I irrespective of any of the other questions
in the case, that infringement was not so
clearly established as to justify a prelimi
nary injunction.
Mr. Curtiss was found In his room in the
i Hotel Astor with his counsel, Emerson R.
1 Xewell. On a bed was a map of the greater
! city and its environs, which was u»td by
Hamilton in patient study before he leit
Governor's island for Philadelphia. Curtiss
i had bis statement all ready. It follows:
While the motion for an injunction has
been undecided by the courts, I have re
i framed from discussing its various phases
I as much as possible, but at no time have
' 1 had any doubts as to what the final de
cision would be. In tact, the original de
cisiun was probably due to this confidence
on my part to a large extent, as well as to
the fact that the motion was brought while
I was flying at Rhetms. and my side of the
case had to rest on my unsupported testi
mony regarding the operation of my ma
chine. In the evidence admitted by Judge
Hazel on the motion for a rehearing my
previous affidavits were fully cubstantlateu
! by others who had successfully flown my
! machine. ~* *"*•'
Every one who has ever operated a Cur
tiss machine declares that there is never
any swerving occasioned by the movement
of the atlerons«. which was the pilncipat
contention made by the Wrights, who
claimed that it became necessary for an
opeiator cf my machine to use the steer
i ing rudder in order to overcome this alleged
i turning tendency.
According to the claims of the Wrights ,
1 the movement of the wing tips of their
aeroplane for balancing causes the machine
to swerve from its course. Then, accord
inc to their statements, which are true as
to their machine, it becomes necessary to
turn the rudder to the side offering the ;
Every New York Central
Ticket Office is a Bureau of
Information for Travelers
It does not matter where you think of
going — whether in this country or
abroad — or what the route, by rail or
water, you will tind full, accurate
up-to-the-minute information freely
at your disposal by calling at or 'phon
ing any of the local ticket offices oi
New York Central Lines
You need not feel the slightest hesitation about
asking av\ question or getting help in planning
•/>/»• trip— whether it direc'.v r.v.'lves the K««
\ork Central "Lines or not. Our courteous
travel and tour experts are always at
service. We trust you will make full ■
the:r comprehensive km-wledge.
Any of the following Ticket Office-Intormation
Bureaus will be able a:kl glad to give you all
the help you need:
y " up «nJ ..'I Wet 125 th >freet
Bro!rvtv lTn R.,;* T "X pulton Strr.v ,na v,
silvered 9n , ny tilf * r *>«cc«. or will be
Address furt »*h any information desired.
riSR I JO ' HAYK G.E.P.A.
1-15 Broadway. NY . .pj, ene UlO M.di.oa
least resistance, so as to brhiF^^^*
back to its course or to hoM i» ,?
steering of their machine is dL l^-'^
tically the same manner. accoMu
claims in my machine the 1&5 *»§£
atlon 19 entirely divorce from Ca ȣ?
Operation. In balancing on*. v l^V
; raised to the same degrt» tlu» *<* '
ia puiW downward, the r«tau* v !
*lac of the maenine r?nu;nhj ..Ha^
The ruddt-r Is never l?ron*ht H-i 6*6 * »•«?
any purpose except to Ruid*.- ■ {i£ £*T '1'
just a* the ruddet of a h,>«t £r»*SrS£ 1
cidentally the rudder is turned £%• £
opposite to that which rhe WfJaJS* £i
maintained, it is necessary for • **»
turned.
Theory vs. Facts, 3ay, Curti^
It as been a ca»» of tneor* »m
sltion pitted against facts, •■d i> n "i'A
Lave been In our favor, ir th» ii-^V
had ever operated my raachln* rts&M
never have made the claims tha- Vk "Q
My attorneys. J. E. F'.ul! and F p*P *?
gave close attention to the t «-Jjl^pss?l
of the eas* and pre^fr.i- the rail •*»
conv:ncinu mapm-;. eliminatin- =ny ■* .
mental arguments. TIM affidavit «? ,£=V
K. Zahm muxt hay* b»»n of «f«ss^bbbbbl
the consideration of rh. f»«-hnicaJ a2^HH
mieal point.". I am sivl tHe ««Sb?P
b<»*"n madr. a» It Kusratn* the c'ni ' •"
have maintained, and clears a* , 5 1
clouds in Ihe aeronautical <.fey. * y tj,
Clarence Shearn. counsel fo- Pi»r
said: : a *H
"The decision means that liiri»« tj|»
from the present until th»» cases fl*T«?i
merits ar»» decided— a y»ar or mor»-j^?
cubufl will be removed from Anw^ *"
ventlv* «enlu». It will sriv» a stimtC 1
invention In tht3 country and ■■sZ*!
great deal to the art. l*avin< thi^t \?
wish to ensra«" in it »ntirfly unu-asjBMOjJ
Mr. Newell said that the Wrisiiy .T*'
b*» abl*» to collect for infr-n^t-rnent 9»^J
patents prior to the nnal declsso^* 7\
went their way,, but he nt*fj tSa* tC
Curtiss machine was In any way ■
frin?ement. Th» charge hv th» STrfr-^
he snid. wna that the infrinseaea |
sls:ed In the use of the ailerons, •*?
ance*. in combination with the' v»nia«
steerine rudder. He said that the Cbts.
machine wa." built on an entirely Assst
model; that the ailerons were norssfigv
pendently ol the rudder on fci3 aeroju^
No Change in Curtiss's Plant. -•
Mr. Curiis.3 will go to Louisville iajjj
day.". He said, h» would not cftasj.'v,
plans because of the deciMon. a»jp^
gone ah«*ad ijnder the bond wlthont ft.jv,
that ther«- could b« other than arn^
of the Io«»r court. . -?■
"The only thin? the "Wrights have," «*
Mr. Curtiss. "that is absolutely n»* ,
methed of automatically turr.in? t&if&fi
when the wings are warped toward £»
side of least resistance to preresl runnjj
O>ir machine <!oe« not ne»d tfeM atttoMtQi
device. Their machine does." '
New propellers were betsu made at Has.
mondsport. Mr. Curtiss Mid, ro -j^.,
the coming flijrhrs. t-io denied that he jy
been Influenced in his progress in avtattat
j in the actual buildins of : i? m;>.:hrae or o.
i perlmentation by anvthins; tl Whgjg
had done prior ro his work at Hansaoag.
! port. He had made four machines "and in
'flown in them. n» said, hefore kg ir»»
> The Wrterhts were engaged in tba S&
field.
i Captain Baldwin, when -»»n at Garfe
i City, said: "I am clad a 'iecirton ha§ b»s
'reached. With the injunction in force sa:
i ters In aviation were kept tied up.'V
j The Aeronautical Club of America wgj
j meet in thta city on June Z2 ti £r«t i
i permanent organization Delegates tna
other clubs will Ye here at the time it
' was said by on* of the frien»ts of fc
■ Curtiss la?t ni«ht that thi3 club *tW
probably control all meets. '-t> r
! -. ' sj
Inrlianapoii«. June 14.— Upon learn!:; t>
ni^ht of the dissolution of the teaanr
injunction acainst Paulhan and 'tis &>
rinsr-Curtis? Company. Wilbur and Orrjj
Wrisrht issued the follorvir.se statemeat:
"It is a pity, but we have> read too
of th« troubles of nrher inventors to «5«
altogether to escape extensive ' litipos.
The dissolution of th«» injunction willg:j3>
ly increase the expense of iefendins ■»
1 rlphts. but in the end we will undsaos*/
win.
"The only question was a3 to fSR*
the defendants, In fact, infringed Ca tl
poinjj there was some conflict of '-""
as to the manner In tvhich the Atls&a
operate their machine? and, as in an srt
cation for preliminary injunction all ix£3
1 must be resolved in favor nt the difsi
' ants, we were put to a disadvastai*; >
asmuch as w© had no witness w!» hi
actually operated the Infringlag macfiai
"As to the merit* of the ■lispute. •«
from the lej;al technicalities, it i* lif
ted on all hands that we have orgta*
the meti)"'! of control which products*?
cessful flight, and that, after seels? it S»
other aviators almost universally a&>
doned their farmer inefficient r.etfeodsd
adopted our *»y««feni "f presenting therlp
and left ends of th*> machine Ol <Cfls«
angles of incidence."
"For the Public Sortie*