«>
and Madison avenue. Only th*> prompt
arrival of the police, prevented what
might have been a seriout riot.
The wagon "was sianned by a driver
md two helpers, anil did not meet with
any trouble until it reached Fifth ave
nue and -Jfith st:.«t. Hero a crowd of
more than a hundred strikers were gath
ered, and at once bc^an to stone the
men. While th- driver and his assistants
were busy dotlcins the missiles which
<-anie their army, others among the
strikers started to pi;i the men from the
■wagon. It was here that the police ar
livrd on the scene and used their clubs
freely in dispersing the gathering. The
•anganti was driven back to the sheds and
the trip alwindoned.
. k "ii an B\aaeffOßl
as :n;nlr :i short time
later, when the aagjaai was hx the corner
■aaaj aveaaw aatd 42d atraat. Here
aaratn a rri' • 'ig paohN duty, and
n :.s tlv »" the menacing
r.ititud*i <>f the strikers he faaagMi from
sr<.!i and ran into ;l grocery store,
from where he escaped int-> Yandorbilt
avoii •
Patrolman Kniteher. of Traffic Squad
C, was on hand and saw a man hurl a
brick nt the driver. He chased him and
caught him at 44th street, but Just at
this moment Kniteher was! set upon by
a crowd of strikers, who tried to wrest
Ms rrisoner from Mm. He rapped for
assistance, bringing Patrolman Jacobs.
of the same precinct. Th. two officers
had a hard fight to g^t the prisoner to
the Kast Mst street station. He gave
his name a? Edward Donohue, of No.
T4 9 Eaft 43d street.
Loyal Workers Join Strikers-
A. R. Balfour. jrcneral agent at the
American Express Company, was the
Indirect cause of more than two hun
dred helpers and drivers joining the
FTrikcrp yesterday morning. The«*e men
had remained faithful until Mr. Balfour,
Jn h talk at tho barns at 4."d street and
Second avenue, t«>ld them that if they
yref^rred not to work during the strike
th«y had better go to their homes. All
hut two of those present then marched
Th<= Adam?; Express ' •ompany was
apparently making no effort to fend out
freight yesterday, the sheds remaining
«Mo«:«d throughout the day. Only one
exempt v.-as mad** •■■• send out a truck.
*nd that ana* attacked by strikers, but
continued on its "way nfter the police
ha«. scattered the crowd.
Two hundred strike breakers made I
iuMi for eight wagons of the Wells
}~t.rg" company, at Pavonia avenue,
Jersey City, yesterday rrrorninsr. and be
fore the police could come to the rescue
■sixteen strike breakers were injured so
Isdly «s to require medical treatment."
They were aH bundled into wagons and
lafcen t" the Hudson Street Hospital, in
Manhattan, and after being treated
went home.
Ati express wagon of the well«=-Fargo
company was i-tcpped at Fulton and
William yesterday morning: and
the driver and guards were attacked. Au
gust De Witt*, of No. €63 Tenth avenue.
*»• ■nested, after a hard fight. Men
;in<l r><iys were injxired In various sec
tions of this rity and Jersey city by
Strikers^ and the police 1 were fcejst on the
run throughout the day. and night.
Although the express companies said
iht-y would make the usual deliveries to
day and to-morrow, inquiry at the of
fices disclosed the faot that business
>vas practically ;,t a standstill. It was
also sai-J that the Long Island Express
Company"* farces would so out to-day.
The- striken held a meeting in Jersey
City yesterday, and Dominick Jennings,
» local representative of th< American
Veneration *>T Labor, said that th^ ex
itcrs pOmpaniea would he forced to rec
oniiso the men"« unions before peace
could be rcsiorcd.
A meeting will be hri.l at Eldorado
!H;tll to-<:ay. to which John Miteheil. the-
Jhbor loader, as chairman of the con
filiation committee of the ■ tonal Civic
Federation, has be^n invited.
• Says Strike Is for Open Shop.
Valentine Hoffman. firM vice-president
k «tf u»e International Brotherhood of
1 Teamsters, is personally conducting the
rtrike.
Th* fight, as be Ft.-ncp it. j s unprece
dented in labor ar.n:ils. jn that it is a
fight for the open shop. Primarily, the
helpers struck for an increase «.f .«.% a
month. Thr second demand is that there
*ha!l »*> no discrimination acainst non
union men.
•As you put it.- hm Vice-President
Hoffman, "it Is a strike for the open
fchori. strange a? it may seem. There
s'.rf four thousand men «.ut now in Man
hattan and Jersey City, .and we are busy
*>nromng men at the headquarters here
<Nn " s l Eighth avenue) and at Hawks
Jlall. Jers*>v City."
The strike will n<.t l*> confined to the '
express companies >lone. but, accord
ing to Vte»>f*rcs!dent Hoffman, win e - x
">I1" all -4th<- department stores the
driver* .and helpers , : , n the department \
Btore rajsons but awaiting the word to
gx> on strike.
T?;e orcanlration of the helpers has
Wn poinj? on secretly f.,r some time
.hose who have nut joined the organiza- j
tl'-n. sa-d Vice- President Hoffman have '
not done so in many cases because they
J'fld not been approached. It is to pro
ject th^se m.-n that the demand that no '
dlstrfantaatloa be shown non-union men
38 being made. -lie said.
A'lowirn the Strike to Drift.
A representative of the American
company *m"d l*»t right:
'•\\> ;,r* making no serious attempt to
break th«- strike ;«t present. We tried
sending- wapons out early in Tho day,
**" encorted by .. mounted policeman! I
with Jewelry aiid other valuables which
vert Ranted at once, but they all came
*•*"*" The drivers worf afraid of the
■fusillnd.- <,f rocks that th*y met «t differ- i
ent corners. This is a boys' strike, and
the boys may in a day or two be fighting :
1" set t»i<-!r places back. The saim- con
ditions existed at th«- dcp ( ,ts of the other
<"ompiini<'S."
Before the police protection was s»ys
texaalized a crowd «.f men :md boys
*r«tb"r^d about n nracon loaded with j
|ierisnable poods which left the firand
central Station. for* anything was ■
woromplishf-d by tht- omwd * Magistrate
T"\-r T Uarlow. who h:ul sevn the crowd i
pouectteg, telephoned to the East Slat ;
Ftr»-*t station. Re?f r\-es headed by Cap-
Date O'Connor responded end drove th<-
crowd nwny.
Th<"-r<' were :< number of disturbances
downtown, which brought «>ut the re
serves of the Leonard street station. A I
mob of strikers was cMFp^rs^d ■ •[- it
had forc-d 140 of th" drivers of the- Na
tional Express Company, at its Hudson
Ftrer-t d«'pot. to quit About one hundred
loaded wapons which were standing in
Ihr- Ktrc.t h:id ••• be taken back to the
dep ( ,t in the mean time. j
f^Hunvadi
Janos I
Natural .
Laxative
Water
Speedy
Sure
Gentle
Drink Hall a Glass
or; Arising Fen
I CONSTIPATION |
ROOSEVELT CALLS
BALDWIN "BOURBON"
Again Reviews Record of Con
necticut Democratic Candi
date for Governor.
NSISTS IT IS RETROGRESSIVE
Quotes from Judge's Opinion in
Railroad Man's Suit to Sustain
His Position — Republican
Attitude Toward Labor.
Rochester. Oct. 28. — Ex -President
Roosevelt to-night made public a sec
ond letter he has written to Judge
Simeon K. Baldwin, Democratic candi
date for Governor of Connecticut. Mr.
! Roosevelt reiterates the statements he
i made in his speech at Concord. N. H..
j last week, and in his former letter, char
acterizing Judge Baldwin's attitude
toward labor legislation as retrogressive.
"or, if you prefer the terms," he says,
"Bourbon and reactionary."
Ho sets forth in great detail his rea
sons for his assertions, quoting from
Judg-Q Baldwin's opinion In the case of
Hoxie against the New York. New-
Haven & Hartford Railroad Company,
in which a trainhand sued for damages
I for injuries. The principle* laid down in
\ this opinion Mr. Roosevelt characterizes
| as "cruel and unjust" to the working-
I man. The ex-President cites his own
| message to the 00th Congress, urging
j the passage of an employers' liability
law. as illustrating the Republican atti
tude toward labor legislation.
Mr. Roosevelt's Letter.
The first letter of Mr Roosevelt to the
judge was based on the press reports of
the letter from Judge Baldwin to him.
When the Baldwin letter reached Mr.
Roosevelt he found that In some re
spects his information had not been en
tirely accurate. Tn the mean time he
had obtained fuller information from
other sources, and on this he based the
letter of to-day, which follows:
Hon. Simeon E. Baldwin. No « Wall
i street. New Haven.
Dear sir: I have Just now- received your
j letter of October 24. My former letter was
j based on statement.* in the public press,
as now appeals not wholly correct, pur
' porting to be your letter as published by
I you.
At the same time T have received a copy
of your opinion at- chief justice in the
case of William H. Hoxie apt. the New
t York. Not. Haven ■ Hartford Railway
Oompany. this being one of the documents
| I had in mind when I spoke in New Hamp
shire as under the circumstances related
by me in the letter which you have al
ready received.
This was a case in which William H.
Hoxie. a train hand, an employe of the
j New York. Xew Haven & Hartford Rail
! way Company, was injured while coupling
cars in a 'lain running from Norwich.
Conn., to Worcester. Mass The injured
man sued the railroad. You presided in :
the Appellate Court and wrote Its opin- j
ion. declaring the workmen's federal com
i pensation «ct. under which Hoxie sued, to
' be unconstitutional, so that he was denied
the right to be compensated for his in
jury.
Section 5 of the art provided "that any
contract, rule, regulation or device what
. soever the purpose or in'ent of which
i shall be to enable any common carrier to
exempt itself from any liability created by
this act. shall to that extent b»» void."
I The purpose of this provision was, as a.
' matter of public policy, to protect work
incmen fro. i being coerced into making
improvident and unfair contracts or stipu
lating to ac •-;■ nominal amounts for dis
ablement and muti'atlon as the price of
obtaining employment.
Plea for Justice to Workmen.
In urging such legislation I. in .-< message
to the 60th Congress, in December, IPOT,
I placed it upon the ground of justice to the
| workmen of this country. I paid in part:
Th» practice of putting; the entire harden
jot loss of life or limb upon the Victim or
I the victim's family is a form of social in-
Ijtihtice In which the United States stands
j Irs s»n unenviable pre-eminence, In both our
! federal and our state legislation we have.
j with few exceptions, scarcely gone further
! than the repeal of the fellow servant prin
ripl" of the old law of liability, find In
s.uit- of our states even this slight niodili
catior of a completely outgrown principle
i !;as not ret been secured. The legislation
yii Urn rest of the industrial world stands
out In striking contrast to our backward
r« ss ii this respect.
A Law Journal's Comment.
In your decision In question you squarely
took ground against the progressive view.
I which I hold to he essential tO the welfare
■of the workingmen of this nation, and.
therefore, TO the welfare of the Whole peo
! pie. in treating of this opinion of yours,
; "Law Xotes" en October M wrote as fol
lows :
In the course of his opinion he said: "At
common law a servant cannot recover from
his piaster for injuries received from the
ntsHgenee of a fellow servant acting in the
same line of employment. This is ■ part
of that general American law resting upon
considerations of right and justice that
hay«- been generally ncepted by the people
of the United States." This sentiment
would l>e coldly received, to say the least,
by l..l»or unions d«sfraus of securing a
workmen's compensation act. Mich as the
Xew York Legislature passed and <?ov
[ertior Hughes signed, about three months
ago. The fellow servant rule is not a
divinely inspired precept, any more than th*
contributory negligence or assumption of
risk rules.
Personally, l reel that it Is in the highest
■agree retrogressive (or, if you prefer the
terms. Bourbon and reactionary) to take
the view that the fellow servant rule is a
part at the common law. and as here you
construe it rests, as you pay it does, "upon
considerations of right ami justice." On
the contrary, I believe that it la In its es
sence a denial of right hi.<] justice, and
that progressive Judges generally are now
taUng the position that this ; s outworn,
and progressive legislative bodies are uni
versally acting upon it.
Quotes the Judge's Opinion.
In your opinion in this case In question
you continue:
The common law baa established the fel
low servant do« trine upon two main con
sMerations One, that above mentioned
viewing it -'i- a rule of justice; and the
other, vlfwing it as a rule <>• policy. In that
II tended to make each servant more watch
ful of his fellows, and thus to promote th«
safety of ar. as well .-is the efficiency <
their common work.
You continue:
The State of < onne -ticiit has und«>r
bar laws written arid unwritten, so
regulated the relation* of employer and
employe that no action can be main
tained in her courts by a servant against
hi* master for personal injuries sustained
within her territorial limits through the
negligent of on*, of his fellow servant."
nor for such injuries sustained through
the neglJ ■■'■.'■*- of the muter, combined
with that of the plaintiff himself, when th"
latter.* rvriipenc essentially contributed
to the result, whether it were or were not
as sreat as the master's. The servant of
a common carrier falls within these rules
This in not because of the nature of his
master's business They apply to every
servant and every master. - •
If this is not retrogressive doctrine, cruel
and unjust to the worklncman. that is to
the servant. a: you uj?e the word lii your
decision, then ! would be at a loss in de
am what kind of doctrines can be called
retrogressive a3 opposed to progressive.
You continue:
If it be turned that Congress has power
NEW-YORK DAILY TRIBUNE, SATURDAY, OCTOBER 20, 1!>10.
to prescribe, a different rule for accidents
occurring in or outslda of. Connecticut In
the course of running a railroad train be
tween Plates, and to create a new statu
tory action for its entorcement cognizable
by the courts of the United States, It can
not. In our opinion, require such an action
to be entertained by the courts of this
state.. It would open a door to serious
miscarriages of justice through confusing
our Juries if one. rule of procedure were
to he prescribed In one class of suits
against an employer and another, diamet
rically opposed to It. in another class of
them. ... If Congress may thus change
the common law relations of master and
servant by giving a new form and cause
of action in the courts of the United
States. It does not follow that they can
give a servant a right to such a remedy
in those of the states where these rela
tions remain unaltered.
Senate Committee's Report.
Here, again. I hold the doctrine Bet forth
by you to be absolutely retrogressive. I
agree with the comments on the subject
in the report of the Judiciary Committee
of the Senate of March 22, 1910, last,
recommending an amendment to the em
ployers 1 liability act. Commenting upon
your decision, the Judiciary Committee
states that yon are squarely contradicted
by some of the very decisions which you
quote in making Jt. The Senate commit
tee reports in part as follows, in speaking
of your decisions:
We may disregard for the moment the
suggestion of the injustice of a particular
statute. The local opinion of the justice
of a particular law is no obstacle to its
enforcement if it be a binding law. "We
will therefore consider the proposition sole
ly as if the factor of local opinion as to its
Justice was eliminated from controversy.
A court may err in its estimate of what its
state really did consider Injustice.
The position assumed by the court on this
question is without precedent, and Is en
tirely untenable in thejllght of the judicial
history of the United States. If a federal
right cannot be the basis of a plaintiff's
claim In a state court: if those courts de
rive their power and authority and com
pensation from the state for the purpose
of deciding only controversies arising under
the law of the state, written and unwrit
ten, then a defence based upon a federal
riaht would be equally unenforceable in
said courts.
Federal Law Paramount.
Th* federal law is Imperative, manda
tory and paramount over every foot of the
soil of every state. It is in no sense for
eign when its application o.r enforcement is>
sought in the courts of a state. No policy
of a state can impair its imperative obliga
tion. No official of a state, sworn to sup
port the Conetltution of the United States.
can deny the enforcement of a statute of
the T'nited State? made in pursuance of the
T'nited States Constitution. Such law by
the Constitution is made the supreme law
of the land, anything In the constitution or
laws of any state to the contrary notwith
standing.
How can a Judge of a state court deny
the Imperative obligation of a federal stat
ute on any occasion in his court? Before
he can lawfully assume his duties as such
state Judge, he is bound by oath, in obe
dience of the express requirements of the
Constitution, to support the Constitution of
the United States. Federal laws are not
dependent upon the judicial courtesy of
state court? to be enforceable in the courts
of some -states and to be refused enforce
ment in others. They are "the supreme
laws of the land, and the judges in every
state shall be bound thereby."
Again, I hold that this severe criticism
of your position by the Committee on the
Judiciary of the Senate Is fully Justified by
the facts, and most certainly warrants the
use of the term "retrogressive." as applied
to your position. You continued:
The statute cannot be regarded in this
respect as one made for the protection of
an Ignorant and imprudent class, such as
the act? regarding shipping articles. The
employes of a railroad company are in gen
eral men of more than ordinary intelli
gence. The dangerous nature of the busi
ness require* and secures this. It cannot
be regarded as one made for the protection
of train hands, for it covers every kind of
employes. It denies them, one and all. that
liberty of contract which the Constitution
of the United States secures to every per
son within their jurisdiction.
As to Liberty of Contract.
Tn (his statement you practically admit
that act? of Congress for the protection of
sailors and men engaged in the equally
dangerous rut no more dangerous occupa
tion of commerce on the peas are consti
tutional, your contention seeming to be
that seamen are ignorant and improvident
and that as to them the acts of Congress
are constitutional, but that brakemen and
other toilers on railroads are so highly in
telligent that they need no protection under
the laws If you will turn to the chapter
of Mr. Alcer's book on "Moral Overstrain,"
to which T have referred, you will find in
stance after instance selected out. of the
many hundreds of instances in which the
nominal securing to working people of lib
erty of contract under the theory that you
set forth has worked most cruel injustice
to them.
The doctrine you set forth Is exactly the
kind of retrogressive doctrine to which I
object, and to which, as I hold, all really
progressive men who have the welfare of
workingmen. and therefore the welfare of
all our citizens, at heart must Object. I
cannot imagine what definition could be
given of the word "retrogressive" that
would not cover this case. it is just pre
cisely this so-called "liberty of contract"
theory which I hold to be in very fact an
utter misnomer, and I hold that it Is a
gross miscarriage of substantial justice on
the part of the nation and the state to
allow such a doctrine to be successfully
maintained.
"Gross Miscarriage of Justice."
It works a gross miscarriage of justice for
the nation and the state to permit such a
doctrine to continue to be anywhere near
a part of the law of the land. I hold that
this doctrine iF retrogressive in the high-
B*4 degree, and that those who adhere to
this doctrine, however personally honor
able they may be, and however high may
be th«ir personal character, or, if they aro
judges, their mastery of the technicalities
of the law, nevertheless occupy a position
which In its outcome works cruel and far
reaching Injustice to the workingmen,
whether of the State of Connecticut or of
any other state in the Union.
I hold that the welfare of all our citizens
Imperatively demands that these utterly
retrogressive principles be completely aban
doned in our laws; that, to <juoto your own
words, "the written and unwritten laws,"
that Is. the laws as made by the legislat
ure and the law as mnd<» by the judges,
phal! hereafter be made In a progressive:
and not a retrogressive spirit, because only
In such manner will it be possible really
to give to the wageworkers of this country
(he justice wh4ch is their due. Yours truly,
• . THEODOrtR ROOSEVELT.
COURT OF APPEALS ADJOURNS
No Decision Yet in Brooklyn Judicial
Case.
Albany. Oct. 28.— Tho Court of Appeals,
which adjourned to-day until November 14,
handed down a number of decisions this
morning. There wag no decision in the
action brought in behalf of the Democratic
candidates for Supreme c,, rt Justice In the
I Brooklyn district, for the purpose of pre
venting the Secretary of State from recog
nizing the Indorsement by the Independence
League of the three nominations made by
the Republicans. it was contended that
the Indorsements were illegal because they
were made by a committee of the Judicial
convention Instead of the convention Itself.
Mr. Koenlg overruled the objection and
he was sustained by the lower courts. The
cast- was argued yesterday]
The Secretary of Sun. has nothied the
SJectlOH onVi;<ls to print the names of the
Republican nominees in the Independence
League column. Whether the election of
ficials can be restrained from so doing
while the case is pending in (he highest
court was ■ question which no one In the
Secretary of Slates office was willing to
answer to-night.
ROCHESTER CROWDS
CHEER EX-PRESIDENT
Closes Upstate Campaign Trip
with Two Enthusiastic
Meetings.
SHOWS INCREASED ENERGY
Completes a Hard Week in
Fine Form — More . Sharp
Thrusts at Dix and
Murphy.
[By Telegraph to The. Tribune. ]
Rochester, Oct. 2S.— With his long speech
at Rochester this evening. ex-President
Roosevelt practically completed his swing
through this state, although It is his pur
pose to speak at Kingston to-morrow fore
noon and at Buffalo on November 1. He
made only six speeches to-day, two each in
Rome, Lyons and Rochester, but. proba
bly because he was less hard worked, he
spoke with greater energy, humor and ef
fect than ever. No one would have
dreamed that he was Just completing a
hard week of campaigning had they judged
by his form. If they had seen the audi
ences earlier In the week, however, they
would have been compelled to acknowledge
that a great change had taken place, that
ho. had set the campaign In motion and
that it had assumed a pace which could
hardly have been considered possible a
week ago. Everywhere Mr. Roosevelt was
greeted with the utmost enthusiasm, and
the halls and opera houses in which he
poke were crowded to their extreme ca
pacity.
His reception here this evening exceeded
anything he had previously experienced
since he returned from Europe. The cheer
ing which greeted his entry Into Conven
tion Hall can only be compared to that
which followed the mention of his name
by Senator Lodge in the national conven
tion of 1908.
From beginning: to end of his address he
had the crowd absolutely with him, and
he was compelled to permit the audience
to express its approval every few minutes.
Mayor Edgerton and George W. Aldridge
escorted him to the stage.
In addition to the four thousand persons
in Convention Hall, not less than five thou
sand awaited his coming on the outside,
making entry for his party next to impos
sible. Captain Ryan, of the Rochester po
lice force, confessed that he and his men
were practically powerless to control the
situation. At 6 o'clock the would-be audi
ence broke down the doors and filled every
seat except those on the stage. When
Mr. Roosevelt reached the hall the crowd
was packed so solidly around the stage
door that the police were unable to force
a passage for him, and they were com
pelled to resort to a ruse, finally outwit
ting the crowd and getting him in a side
door which had not previously been opened.
Murphy's Convention Described.
In his speech he described the Saratoga
convention, and then, taking up the Roch
ester convention, made use of a part of an
editorial in The Tribune of this morning.
He said:
It was Mr Murphy's convention^ and,
my friends, you do not have to ta%> my
ford for it. I will read you what three of
the newspapers which are now the most
ardent supporters of Mr. Murphy's nomi
nee said of the Rochester convention.
Here is "The Evening Post. " for ex
ample. Its correspondent in Rochester re
rorted on September 29: "Murphy is the.
dominant factor in the situation. He. Mr-
Cooey and Fitzgerald, Conners's successor,
control."
The correspondent of "The Evening Sun
had this to say: "The situation lay abso
lutely in Murphy's hands."
"The New York Times' s" correspondent
described the situation in these -words:
"Never before has Tammany Hall been in
such unquestioned control of a state con
vention. * Never before has any Tammany
toss been enthroned as the state leader in
the unlimited way in which Murphy is ree
rgniwd to-day. The convention is in the
hollow of his hand."
Mr. Roosevelt also spoke of Mr. Dix and
the, Wallpaper Trust. He gave his reasons
for asserting that to all Intents and pur
poses Mr Dix was a part of the trust,
Citing as his authorities the "Directory of
Directors," "Moody** Manual" and a. de
cision of the Supreme Court of the United
States He insisted that, nothing which
had been said In Mr. Dixs defence, either
by himself or by any one else. even Mr.
Huppuch's affidavit, had served to relieve
the Democratic nominee of responsibility
for attempting to boost the price of this
i ecessary commodity by the creation of a
monopoly and by seeking to induce Con
gress to Increase the duties.
He referred to Dlxs labor record, and
asserted that bo was inimical to the in
terests of the worktngman, his wife and
his children; that he had oppressed his own
employes, compelling them to work long
hours at less wages than were paid by his
competitors, and that his entire attitude
toward labor legislation was decidedly ret
rogressive.
Walter M. Chandler, of New York, pre
ceded Mr. Roosevelt, and in beginning his
speech said He would take his text "from
that good old Republican newspaper. The
New-York Dally Tribune." lie then read
from the issue of October 8 a news para
graph saying that the leaders conceded
that Wall Street would throw its Influence
against Stimson and the Republican ticket,
and that the Democrats would have the
largest campaign fund this year that they
ever had. To that text he addressed him
self, denouncing in emphatic terms the
coalition of corporate wealth and crooked
politics.
"Let it never be forgotten that the Re
publican party was not born to make men
rich. It was born to make men free!"
shouted Mr. Chandler, and the audience
applauded. Explaining why Mr. Roosevelt,
after having been President, refused to re
main quiet and become a barnacle on the
body politic. Mr. chandler said: "The
Democrats are asking too much when they
ask him to be still. He can't do it. and he
won't, till he's dead."
To Oyster Bay After Election.
Speaking m Lyons of the charge that he
was a menace to business, Mr. Roosevelt
said: "After Election Day I am going back
to Oyster Hay to stay there, so I won't l>e
a menace to anybody unless somebody
menaces me."
Over and over again Mr. Roosevelt rang
the changes on Ills now slogan, "Honesty
and the workshop against crooked politics
and the bucketshop." with telling effect
While Mr. Roosevelt said little to-day
that was new to readers of The Tribune he
has the faculty of Improving and rounding
out his periods and sharpening his argu
ments as he continues to make practically
the same speech! each delivery being mo
effective than the preceding one. His
satires on the kind of business disturbed
by Stimson, the manner In which Stlineon
disturbed "the tranquillity and business
peace" of the Sugar Trust and the rebating
railroads, delivered with his characteristic
facial expression and peculiar falsetto
tone*, never fail to ralpe a laugh at the ex
pense, of Murphy and his nominee and his
associates, and delight his audiences. At
Lyons this afternoon this part of his speech
Impressed his audience as so comical that
two women appeared to be un the verge of
hysterics.
The local leaders here predict ■ Republi
can victory in this district with apparent
good faith. The chief element of uncer
tainty seems to be based on the falling "ft*
of the registration.
Mr. Roosevelt left here at 11 p. m. He
will speak at Kingston to-morrow forenoon,
leaving there a 11 and reaching New York
about Ip. m. ' G. G. H.
STIMSON HITS TRUST
; un.inur.l from flr.t pa«f.
in Franklin County, where they employ
a large force of men. I learned to-day
that a high officer of that company re
cently came up from New York to the
St Regis Falls plant, where he devoted
a great deal of time to trying to line up
his men against me and for my op
ponent. Mr. Dix. Is there any state
issue on which the Brooklyn Cooperage
Company should oppose me? Why does
the Brooklyn Cooperage Company op
pose me? Is it opposed to. any vigorous,
efficient and honest administration of
the state government in the Interests of
the people at large? My previous offi
cial relations with the company may
give an answer.
"The Brooklyn Cooperage Company is
one of the subsidiary companies of the
American Sugar Refining Company, and
its business is the manufacture of bar
rels to hold the sugar which the sugar
company refines. In 1906 I found that
the company had been engaged in exten
sive violations of the interstate com
merce law and had been receiving secret
rebates from the railroads for transport
ing its cooperage material. . I indicted
and convicted it. and it paid a fine which,
according to my recollection, amour
to more than $50,000. Its offence was a
peculiarly flagrant one. It was engaged
in transporting staves and cooperage ma
rial from Poplar Bluffs. Mo. As I re
all, the rate was in the neighborhood of
G2 cents a hundred pounds. This com
any compelled or persuaded the rail
road company between Missouri and
New York to pay a rebate of about 18
cents out of this amount, thus giving to
it and its parent company, the Sugar
Trust, an enormous advantage In mo
nopolizing the market.
"Cleared the Highways of Commerce."
"It was a clear-cut case of a powerful
and unscrupulous corporation obtaining
a criminal advantage over its competi
tors and the public by obstructing the
highways of commerce. My prosecution
wept away that obstruction and made
these highways clear for the public. In
doing this I was acting in the interests
of honest business. I am willing to face
all of the hostility and opposition which
such a course may produce for me. And
that no one may be left in any doubt. I
desire to assert as emphatically as I can
that If you elect me Governor I shall In
the same way enforce the interests of
the public against the encroachment of
any privileged and selfish Interest which
may seek to take an illegal advantage of
it. I believe that the people of the State
of New York will not consider such ac
tion on my part any menace to legitimate
business."
Mr. Stimson encountered a snowstorm
to-day, but it was the only thing in the
nature of a frost which he did meet In
his travel across Franklin, St. Law
rence and Clinton counties. His recep
tion all along the line, despite the snow
and a train so badly delayed that at
Saranac Lake a meeting was dismissed
on the supposition that he would be
unable to get there, and then reas
sembled, was a whole lot warmer than
the weather. They billed him to play in
a tent at Malone, and he filled it in
opposition to Judge Parker, who is to
play there to-night. Judge Parker, by
the way. Is appearing- in vaudeville
houses in some places. He isn't a head
liner; the regular attractions are dis
possessed "temporarily and the manage
ment makes him the whole show.
The Republicans around this part of
the country have a deep seated and
abiding faith that Stlmson is to be the
next Governor. Some a uti- Roosevelt
sentiment is reported in the north coun
try, but here in Clinton they scout the
notion that the Democrats will carry
the county for Dix. even with "Tom"
Con way on the ticket.
Tour Resumed at Early Hour.
The Stimson expedition 'eft Water
town almost at daybreak this morning 1
in the face of a snowstorm and a biting
wind. The train was late in reaching
Potsdam, the first stop, but despite that
and the weather there was a big throng
waiting at the station. Assemblyman
Merritt took charge of the proceedings.
introducing Mr. Stimson to the audience.
At Norwood and Winthrop short stops
were made, at which Mr. Stimson spoke
briefly and shook hands. Malone pre
sented a tent meeting and Judge Parker,
who did not endeavor to meet Mr. Stim
son or hear his speech. Judge Parker's
presence wasn't missed, though, for sev
eral hundred ' people crowded into the
tent to hear the Republican candidate.
Mr. Stimson in discussing there the
Democratic charges of Republican ex
travagance referred to the great exten
sion of the work of the State Agricult
ural Department, under Governor
Hughes and Cimmlssioner Pearson.
Much Enthusiasm for Roosevelt.
At Malone Senator Coats and Assem
blyman Macdonald. of Franklin County,
boarded the train and rode on to Sara
nac Lake. The train was so late that
the meeting there had been dismissed.
When at last it was learned that the
candidate really would speak the people
were gathered in and there was a rous
ing meeting. It was particularly a
Roosevelt crowd. They cheered and
shouted at every mention of the ex-
President's name. Mr. Stimson treated
the extravagance issue there, too. asking
If the Democrats, if they were in power,
would shut off the money for the tuber
culosis pavilion at Sarnnac, which was
carrying on so valuable an educational
work. He reaffirmed his position on the
water storage question, stated last night
at Watertown.
To-morrow the Stimson party will
head south through Essex, Warren and
Saratoga counties, ending with a big
night meeting at Troy and an Invasion
of Albany County for a meeting at
Cohoa*. The Stimson special will leave
Troy late Saturday night, reaching New
York on Sunday morning .
PARKER ATTACKS stimson
Says He Used His Office for
Pecuniary Benefit.
Malone, N. V.. Oct. 28— Ex-Judge Alton
B. Parka* In his hpeeeh here to-night
transferred his attack from Theodora
Roosevelt to Henry Ij. Stimson, Repub
lican nominee for Governor. In a long
and wordy speech he accused Mr. Stimson
of collecting evidence against th« Sugar
Trust as federal attorney which he used
later as special counsel and for which ho
received five and one-half times as much
remuneration us Ma salary us attorney.
Speaking of Mr, Sttmson. Judge Parka*
sal,!:
At the risk of lotting altogether tits good
will anil thai of the colonel. I. too, wouKt
like to ask BOOM questions. I would lik«
to ask Mr. Btlmaon whether that ££.ouo was
all I lit- compensation he received tm special
counsel, whether that Is all he expects to
receive from his very wealthy client. i
plar<> com* stress upon th* last of these
three points.
Judge Parker then attempts to "analyze
the processes of ''•■ candidate's mind. He
says:
That there were some such plans as those
In the mind of Mr. >•■-■■, seemst *<*♦?*
clear enough if we examine, some '•: tne.
newspapers of a year afco and are able to
refresh our recollection with the forgotten
facts, nil the while keepln? In our minds
this Important matter of Intent.
In The New-York Tribune of March I&
1909, appeared the. statement that District
Attorney Stlmson would r»-«:iKn In tho near
future and that it was understood that he
would be retained by the government **
■[■ la! counsel, mentioning ••■•■ Morse and
Helnze cases as those he was likely to pros
scute
' The action thus foreshadowed occurred
In due time, and ' i Th*» N>v. York Times
nine days later stated that Mr Stimson
had announced upon his return from \'. .i.« v>
lngton the day before that he had re
signed, but would remain in charge of the
office until April 1. and further, that he.
had been retained by the government to
prosecute as special Deputy Attorney Gen
eral the cases pending against the Sugar
Traai .
How wonderful Indeed Is the well trained
human mind, how complete the co-ordina
tion of Its faculties, how devious the
courses It may follow, and then again, now
surely these may be traced and detection
and dread exposure be the certain result.
SUGAR COUNSEL'S SUPPORT
Huppuch Gives Out Letter Think
ing It Will Aid Democrats.
Chairman Huppuch of the Democratic
State Committee gave out last night a copy
of a letter signed by John G. Johnson, John
B. Stanchfield. James R. Sheffield and
Henry B. Closson. as counsel for the Amer
ican Sugar Refining Company, and ad
dressed on April 26, 1309. to the directors of
that company. In giving it out Mr. Hup
puch said:
In view of the statement made by-. Mr.
Stimson to-day that he had collected from
the Sugar Trust all that was due to the
government when he consented to take
from the company about C.ijOO.AOO in full
settlement of all claims against It. It In
very interesting to read the letter ,id<lr»s*e<i
to the trust's directors by their counsel,
who admit a liability to the government r>t
about J9.oo>).<W).
The letter advises a compromise on a
payment to the government of $2,134,000. The
counsel go on to state that the government
threatened to sue for some $3,000,000 on re
liquidations and some 18.000.000 for forfeit
ures under the law, but they add:
•'We were of the opinion that there was
a reasonable chance of success in resisting
thp rellauidations as well as the forfeitures.
"We were heavily handicapped by th«
fact that it would be necessary for ut to
overcome a ruling made by » distinguished
member of the federal bench.
"We felt compelled, however, to advise
your company to do what we. in its place.
with our knowledge and information, would
have done. Because of this compulsion we
advised you to make the compromise which
has been made, and we think yo'i ■would
not have discharged your duty M your com
pany if you had not acted upon our ad
vfct."
CHARGES AGAINST HARMON
Ohio Attorney General "Says He
Will Investigate Them.
[By Toleeraph to the Tribune. 1
Columbus. Ohio, Oct. Attorney Gen
eral Denman announced to-night that he
•would Immediately Investigate th« charges
Warren G. Harding. Republican candidate
for Governor, made In his Cleveland speech
last night, that Governor Judson Harmon,
as receiver for the Cincinnati. Hamilton
& Dayton Railroad, made false- returns
by which $1,800 In taxes was saved to the
Morgan interests.* the owners of the road.
Mr. Hardlng's attack has caused the
greatest political sensation in years. Not
only does he. charge Governor Harmon
with falsifying tax returns, but with
granting rebates, to favored shippers. The
Governor has made his campaign on hi*
reputation as a tax reformer and as the
enemy of graft. Republican leaders pre
dict the overwhelming defeat of Harmon
on account of Harding' .= charges.
HOPPER FIGHTS IN QUEENS
First to Find. Way in Auto Then
at Side of League Candidates.
The Independence League candidates
swept through Long Inland City. Ridge
wood and Flushing last night, with John J.
Hopper at their head, and delivered cam
paign speeches' to gatherings In many halls.
Mr. Hopper, th« Independence League can
didate for Governor was late at the meet
ing held at Schuetzen Park. Long- Island
City, because his chauffeur lost his way In
thn mazes Of Queens County.
It was nearly 10 o'clock when Mr. Hopper
pushed through the crowd of fifteen hun
dred persons gathered at the hall In Schuet
zen Park. H» explained his reasons for
being late. Having thus made his peace
with the audience, the candidate for Gov
ernor proceeded to tell the crowd how he
would run th« affairs of the state should
he be placed In the Governor's chair at Al
bany
Speakers preceding Mr. Hopper on the
platform were James A. Allen, candidate
for justice of the Court of Appeals; Arnold
B. McStay, candidate for State Controller:
Henry ('. Johnson, Jr., Independence and
Republican nominee for Assemblyman from
the Ist District of Queens; Rowland W.
Kellogg. Independence and Republican
candidate for Surrogate of Queens County,
and Robert Stewart, candidate for Attor
ney General. Oliver S. Hardcrove acted as
chairman of the meeting.
Mr. Hopper confined his talk to the direct
nominations and what this measure would
do for the great mass of voters. Clarence
J. Shearn In his speech paid special atten
tion to the danger of allowing Tammany
Hall to gain control of the st<ite.
NEGROES' LURID APPEAL
United Colored Democracy Is
sues Frenzied Pamphlet.
What the Democrats call "An Appeal to
Reason" is being distributed by the Demo
cratic State Committee. It is a pamphlet
of that title, one of a number issued by the
United Colored Democracy. How much of
an appeal to reason it is and the character
of the campaign that is being waged by
the Democrats may be judged from the fol
lowing language with which the production
is closed:
The black man must rebuke the Repub
lican party for it* perfidy. He must vote
to bring the cost of decent food within the
range of his meagre earnings. He must
help to clean out the Augean stable^ at
Albany and must drive away the Stain
phalian birds of prej* that hover over the
capital of the state. He must help to drive
out the mono* changers from the legis
lative halls and put to flight the "black
horse cavalry" of the "grand old party."
And, above and beyond all. he must grasp
his first opportunity to humiliate and de
stroy that despot, who now bestrides the
earth like a Colossus, and who. with das
tard's hand wrote dishonor upon the brow
of the negro soldier whose honor and whose
valor have been a nacrament of memory
to their race— unspeakable and unthlnk
ablo hypocrite, demagogue and tyrant.
Theodora Roosevelt.
Thus the whirligig of time brings in his
revengos.
ANTI-ASSESSMENT WARNING
] Governor Whit* Calls Attention of
Officers and Employes to Law.
Albany. Oct. 25.— Governor White Issued
a proclamation to-night ti> all public offi
cers and employes in which he calls their
attention to Section M of the Civil Service
law. prohibiting political assessments. After
quoting the law. the Governor add*:
Since this law Baa Its support in a sound
public policy. It should be respected in
spirit as well as In letter. All public officer*
and employes are hereby warned against
violating any of Its provisions.
MAINE LAKES FREE FOR FISHING.
Portland. Me.. Oct. 28 -l*kei» or ponds
held by clubs or private individuals are
public places and are. free to all cttizena
tor r.'hlnir and hunting purposes, according
to a decision just handed down in the
Maine Supreme Court. The decision U an
important aa* to Maine, and la of consid
erable Interest in other states. A great
number of bodies of water are reserved as
private by clubs ana individuals because of
*.'\S 111 I jM^j.
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Fall Top Coats at $16
Black and Oxford Vicuna, with
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INTERNATIONAL '
AVIATION TOURNAMENT
fielmont Park. L. I.
Events Start at 8.30 A. M. To-day.
SpecUl trains direct to Belmont ■« will
leav* Pennsylvania station. N. V. (Entrance oa
3uh z>t. and on 33<l St. , near 7th Ay» >. «n.s Vla>
bu»h Avt. . Brooklyn (tb« terminus of th« V. V
Subway >. at int«rv»U between 7:00 A M. and
3:00 I*. M. r%
fcpectal trains win return promptly after tt»
meeting. *
Only »p«rta! excursion tickets will be honored
en npex-UI train*.
Tickets on Ml* at I* I R. H. ticket offce*.
12ft ft* way. Sth Ay». Bull<ltn« «sth *»»• •"•*
»M St.>. Term. Station. N. T.. and at ail Sta
tions In Brooklyn.