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¥ 1. CLEMENTS Di«ID! I? I it. uLD?«L!\io lArtmiiiLJ I First Witness Before Railroad' Securities Committees _^— — — OBSTACLES BROUGHT OUT j; Question One of the Most Com- . pies and Important Ever Sub- j r -Ted for Solution. TFrora The Trlbus* Barefctt-* | , "ishtngtcm. Nov. Seme of th« prac- j Uc*3 lt* leea' obstacles In UN way of pro- j , Hdir-5 effective rrovemrnent regulation of , • th» stocks and brads of interstate carriers j «rre brought out to-day at a meeting; of j ' tn« rs.:lroad securities committee. This -was | ' th« first business meeting- of the commit- i tee since Its appcintnerst by President Taft j •ept Knamer. The cn'y witness examined j ■w&e Judsor C. dements, a member cf the j Interstate Commerce CcmniEEion, -who ha? ; devoted special study to the subject •■■ fed- j <ra! control of railroad capita lizar ion. Judge j CJ«"ments fi:scussed various features of gov- j rrxment regulation of stock and bond Is- j •ue*. and made it clear that the question i Is [■:' of th<? men complex as vrell as tm- j portxat 'which has ever been submitted to : *>.rr>ertK fcr solution. It did not recr-iire j Jus?e Clemerts's testimony to bring out this fact, fcr the cammissjenexs themselves Indicated by their question? that both as to f :miamesta!s and details they are still very rrsch Ir. the dark as to what can be done j arc wit: ought to be done in this direction j by the genera: government. | . 71".' -?■-: ---- securities commission ■was j B.;.:r?mte3 fey President ?_:■ under authcr- i ' — granted him In the amendments to the i ■ interstate commerce la-w enacted at the last session. The provision was inserted when ■ ' Ik* regulars, insurgents nd Democrats in 1 : both branches of Ccngress found themselves ! is vice disagreement over the plan for en- j ( trol of railroad capitalization fled by « Attorney General "Widiersharn. 'AH rsenibers of the commission were | • present at the raeetirt? to-cay. They are ] President Artitn- T. Hadley of Tale Ucjver- j erry. chairman : F. X. Judson. of St. Louis ; | rttderick Strauss, of >Tetr York : Walter \'• I- Fisher, of Chicago, and B. H. Meyer. of j 1 Vs.discn. TVis. It is the purjK>se of the ! : coasmi^sian to hold a series of hearings and j 1 td «asploy experts to make speciaJ inve=tl- ! ' ga-tlcns. TV. P. Hail, chairmar of the Mas- j f eacfcusetts Railrcad Commission, will be j - to-morrow*, sno ircni t*me to *:~ ; ' other state commissioners \rt!l be examined. ! 1 Tt i£ pmbabJe jJso that the commission will J " «sk ieadinir railroad presidents and prom- 1 I :rerjt bankers to submit Their viexrs on the ! l Fnfcject. Testimony Covers a Wide Range , Mr. Clements'"? testimony covered a wide '' rssfe, each of the commissioners asking ; ' —tiny cuesuons. These questions developed ' ! th* fact ihat no member of the commission j ' ha* a mature plan for solving the problem I ! of how to encourage railroad construction ! • end mainteriance. jirctect investors, prevent j <iSce£Bi\e chcrges and accomplish the lum- j "ired and ene other things which are popu- i ' lirly supposed to go hand in hand with fed- ; «=rsJ control of railroad capitalization. In opening Mr. Ciements mud. that the Inter eiale Commerce Commission was on record | s* la\-onng a physi.fil valuiticn of rail- | ' mads and control by trie f^vernment cf the j hicck and iKjnd issues of interstate carriers, j P^cplying , to questions, ilr. Clements said ! ' that the commission had not worked out' tcy plan by which a proper physical valu- j ationof railroads could be made. It would j he necessary to employ many experts, h* | said, and the task would be a formidable ! one. It was important, however that the ' Interstate Commerce Commission should know just what the railroads of the nation ' ar« worth.- M this was an element to be j rrasidered in fixing just and reasonable Tt-.tes. The witness said he des:re<i to make It cltar'thct physical valuation alone would : net be a rrs>j>er basis fcr rate maKns, and ! he- add*,!! that there would be great obj«;c- ! tion to taking the present value of railroad property and f^::n^ rates so that a reason- i rfcle return could be earned on the valua- ; tic?n. j : Mr. Judson wanted to know if the present : value of the terminals v.-ou!d be taken mto : e«»urit in a physical valuation. Mr. Clem . eats replied that this •*.<& one cf the ; . cre^t difficulties ir. the question. Mr. Jud- I son cited the case of the sew Pecnsylrania ' " Ftatior; in Jfew Y6rk as an instance of i railroad property nor.- cl great value, not I ( only because of the actual investment, but ! • «!sd bewuise of ihe increase in the value j '. d tr« Ecrrtrcndmg property. He suggested j that :f a physical valuation was made and ; the raUioads were nor permitted to take ! ! fi.d^ar.ti£-£ cf the beneits o~: favorable ter- ! ! oaral properties they might so mto court I ' *-"" -= that they should noz suffer in ! . <rases where their tovestaieats hzi net been i ! nrcfirahie. Other racmbers of tie commis- ! , risn quest;cr.ed Juc?e Clem=rt£ as to The j effect cf a. federal ptqrticaJ «ata*dCß on the | raring po-st-ers r.f the states. " i i Stock Bonuses Derciinced. Jud^e dements r*ierr»i t.- some -f the I - B ■ ■' -'- " ------ :z. tb.« rtiiroad ti^ last wirttr, cz.z cf these ! . heiz.g th* provi£icz prch:t:ur? raJ2roadi ! frem selling their stockj an-: tcTiis ielc-w j !>&.- The arsument s_giiz£t tcis, he *i • plrtDaa. v.-*s that it wou:d prevent the con struction of so-ca^ed erjecuiative rail'oads —that is, railroads into new territory. Mr. Clements eaid he thought the period of speculative railroad building teas past and ths4. with lie exception cf seme part* of the • -~-_r-a.:r country ar.d the terri- Tnrles of Arizona and New Mexico, there is so ppecrlative railroad construction zone in this ■courttry. The witners replied •- many questions regarding' the proper limitations* on the TlzKzciziz operations cf earners, comment lag on the latltaOa that should be allowed the railrcaos to issue bonds for better ments asfl extensions. Re denounced stock ionuze* as vicious, and said that no car rier should be permitted to issue bonds *>x «pt for legitimate rti]rcs.d purpbsea, in r;u<^r.r in this btttetroems :md extensions. tb# ; payment of <ssb: s aad t?:e taking up of olfl "bcxCs. He susxested thjt it would t>» proper in a hill to control stock and bond iSHies to differentiate h-*twe- n 'xiEting roads a=S new roads, but said it was not an ■ >.*-_■ matter to draw tim lice. Replying to a question. Mr. Ciements said he h*« not given the subject of a national :=ccrporat:on law sufficient study zo know ! th!s wej the best way to meet the rituation. Unless such a law could be made compulsory, he believed it w-r.-jia be little eccount. berxuse there wo:;l(J be lack Of uniformity, and therefore incomplete -rCU :etion. To th<? tapgestion that possibly publicity might accomplish the desired -- J-uJts. Mr C2en;er4t£ $aid - that capitaliza- ; tion jthuses could cot be corrected by pub- J . 'Aclty lOW -Publicity was a powerful •weapon against teFroper practices, but, as , a rule. 1* did not come until after the abess tzi beea ccriurcmated. He cited the Alton j <:•*! as an. Instance of. this kind. » "TAMPA STRIKE LEADERS JAILED. Tampa, F!a.. Sor 2K2 X — In the Crimina: i Court tc-day Jo«,«- de la Campa. Brit Rus .stli and I F. Bartlurn, strike leadsrs. re f*r.tly con'-ictcd of rc:i£pirir.g to prevent by force fnkir.t: cigarmakers from eoing M ■«'&rk iB the local factories, were Een- f «sce3 to a year in jail each CANADIAN PACIFIC WRECK. .-.r.:r«£ Nov. 2S.— The Canadian Pacinc r.allway erpreis bound for Mcntteal which left here on Sunday morning was wrecked xi JCacLeazie. Ont, to-day. :-*o pessergers ' >ere killed, tut several were injured,. J ! LONG AND SHORT HAUL , ■■ — Railroad Men Heard by Inter- j state Commerce Commission. "Washington, Nov. S— The complexities of ■ j the long and short haul phases of railroad ; traffic were thrashed out before the Inter- j I state Commerce Commission to-day and j ] the interpretations to b* 1 placed on T' - < vision:- of the fourth section of the amend- ] ed interstate commerce law governing this ; subject were taken under advisement. i All da counsel for railroads in all parts j ; of the country argued their views as to the ; | way the commission should interpret the j section. The "Western lines contended, | among other things, that the export and import rates are embraced in th« fourth section, while the Eastern and Southeastern roadf took the contrary view. ; The fundamental idea of the lens and I Ehorr haul clause, a-«= explained by Commis ; siorser Lane and approved by counsel, in | the course of a rapid fire series of questions i and answers. v.-as the avoidance of prefer- j ; ence to any community in railroad tariffs. ; ! Most of the testimony was of a technical ' character and bore on not only export and ! : import problems, but also on proportional j rates. switching charges and a. host of a: ; lied subjects. Oeorge Stewart Patterson and Fred Wood. ; i counsel for the railroads, contended that j [ Section 4 had DO application to the import ; and export traffic; that the inland part of j the Import and export traffic rate was a ■ proportional rate and therefore was not '" ; be considered with the locc.l and domestic ; rates. and that the through charge foi such j traffic was not ■ matter over which the j commission had entire jurisdiction. They ; contended that the rate from a foreign j port to an intermediate pert might be less i than from a seaboard point In the United j States to an intermediate point. ' R. "Walton Moore, for the Southeastern | lines, agreed that the commission had the \ right to make a general order, but pointed i cut conflicts that might arise in the acts { of the roads under both the section and . a general order based on the section, sug- ; t gesting that the commission should deal 1 , "r.rcacl" with the subject. SEES CHANGE IN CHURCHMEN ■ i Cornell's Head Addresses Union Seminary Students. ; \ President Schurman of Cornell "Culver- j ■ sity addressed the students of the new , Union Theological Seminary, at 120 th street j , ■ad Broadway, last night and told them | , that if they wished to improve the condi- ; . tions of society they must master the social : . sciences, especially the sciences of eco- j nomics and government He cautioned ; , them, however, not to turn to socialism as the on!" cure-all for the ills of society, as ; was too often the case, he said, of young 1 , theologians who Interested themselves in I the subject. : President Rill ill man was the guest of the ! seminary at a "students* meeting" held as | part of the dedicatory exercises of the new f buildings of the institution. The Rev. Pro- j fessor "William Adams Brown, of Union i Seminars', delivered a historical address, in » which be defined the spirit of the seminary j ! as on*- of spiritual devotion and intellectual j ' freedom. j , President Schurman said in part: "Whether we like it or not, a change la ! taking place in the attitude of religious i men. I may describe my thought as a j vravering cf sectarianism toward a world religion. "We are taking our religion from ; ali parts of the world, and t_ie Church is coming to an appreciation of what is good in every religion. There is a shifting of th* attitude of the modern Church more • ■ toward the amelioration of society. i "As time goes on I expect to see the ■■'.:.-- j | iiiation of the many studies from the theo- 1 | logical curriculum which are the mere sur- i i vival of problems which our age has out- i J grown, and in place of them subjects deal- ' * in? with the problems of our »se and from I ■■ our modem scientific point of view will be [ j substituted. "Scientific workers in aS fields are the ' ' sages of our twentieth century. They have [ • made it impossible for the men of this gen- , ■ eration to regard dogmas as their fathers ' | regarded them. Now It is the Christlike | man we are looking for, whether in or out |of the Church. We feel thai the things we have in common are infinitely more impor tant than the things about which we? cif- I fcr." » TAFT PRAISES PILGRIMS Pleased to Learn He Is a May- j flower Descendant. "Washington. Nov. 2S. — President Taft eulogized the character of — Pilgrim 1 Fathers at the eleventh annual dinner of i the Society of Mayflower descendants in ' the District of Columbia to-night, the oc- ; casicn being the celebration of the 29©ti ; ar.nlversaary of the signing of the com pact in the cabin of the Mayflower. President Taft, It - as recently learned, j is a descendant of Francis Cook, one of : the pilgrims who came ir. the Mayflower, ! and a certiScar« of membership was ' granted b be "I wish ts testify to my gratitude at ! " -'- advised that I am a descendant of 1 on* of these who came over in the May- ; | flower," said ths President. Time was ! when I thought those who came over in : the Mayflower plumed themselves as be- i long-in? to the aristocracy of the nation, j ! On the contrary, i believe now that they ! ! showed a humility and proper spirit of re- i XmbUcsaism and democracy. "They showed the uses and needs of a written constitution," be continued. "They | stowed a great capacity for self-govern- i ment that, without making invidious ; comparisons, has lent moral fibre and i mural duty to th*» whole settlement of the \ United States." CHURCHiLL'S ASSAILANT HELD: • Lonion. Nov. 23.— H. A Franklhx the ! male suffragist who attempted to assault ' Mr. Churchill while the Home Secretary j was returning to London after a speech j at Bradford ca Saturday night, was ar- j r ': .frz."~ in th« Bow street police court to day and r*mand»d for one we-?k. Bail was j refused. Franklin >? ■ nephew of Post- i master General Samuel. i TTRv Alt i- 'nbrmfa^AnKtm-Lt-miMtt ijlE^ T'^Wr jtVKf^M^a^D^LV4^L^BM i^l^9ar^Ja^*^a\ wfmJ ' !&£•'&* y? SEW-TOBK DAILY TRIBOE- TUESDAY. NOVEMBEB -*■ MEXICAN REBELS STAND Government Troops Return to Chihuahua for Reinforcements. INSURGENTS ARE FORTIFIED Lively Fighting Expected When the Battle at Fresno Is Renewed Chihuahua. Nov. 28.— Government troops have returned to Chihuahua from their fight with the revolutionists four miles west at Fresno on Sunday. Two thousand reinforcements are expected before the government resumes its attempt to reopen the Mexican & Northwestern Railroad. which Is tied up as a result of the Qgbt Th« revolutionists are said to have been reinforced by bands from Parral. They new number one thousand and they have fortified pas dona at various points. Lively fighting Is expected when the campaign start£ - . v. Sunday's bafle was the first real fight of the insurrection in this part of Mexico. Three hundred insurgents attacked the government's rear guard of four hundred government troops, who were marching along the Mexico & Northwestern (Chi huahua & Pacific > Railroad. The bodies of sever, rebels were brought in last night and taken to Police Head quarters. The government lest one killed and seven wounded. The. fight lasted three hours, both sides taking shelter behind bowlders and in ditches. The rebels' presence was a surprise. The troops left Chihuahua on Sunday morning, headed by General Navarre, with the intention of regaining the towns along the railroad line, no trains having been , operated since last Tuesday Their ulti mate destination was Minaca. Four miles tan Frescno the insurgents, mounted. awaited them in concealment behind the j hills. The rebels allowed the cavalry and a j detachment of infantry to pass without : disclosing their presence. Later, the rear ! guard of 150 soldiers, with a number of : women and children, appeared, and the in- ; surgents opened fire. The troops retreat- . ed in good order into the valley, firing steadily, and the rebels were then grad ually driven from behind stone fences i and corrals. ' A courier was dispatched as the battle | opened to call back the mam body of troops. When the troops returned the in- . surgents galloped west in good order, dis- j appearing in the canyons If they had any wounded they took them with them. SAYS MEXICO IS QUIET Ambassador Wilson Telegraphs Only Chihuahua Is Disturbed. Washington. Nov. 2&— entire repub lic of Mexico, with the exception of the State of Chihuahua, is quiet, according to a telegram received to-day by the State Department from Henry Lane Wilson, United States Ambassador, at Mexico City. Mr. Wilson reviewed the situation, based on reports he has received from consuls in various pans of the country. The revolutionary party, according to the ambassador's dispatch, seems most active in the remote districts of Chihuahua. The- Mexican government, he says, is adopting energetic measures to suppress the out bream IVIADERO NOT WOUNDED Messenger from Rebel Leader to His Family Denies Injury. Ear. Antonio, Tex., Nov. 2S.— That Fran cisco I. Madero. leader of the Mexican revolution, is safe and uninjured is the | news brought to his family to-day by a ; courier who came direct from Madero to San Antonio. The courier said that Madero was at pres ent gathering his forces in the Lacuna dis trict near I>=-rdo and Parral. This district ! lies in a feitlle valley surrounded by moun- j ta^ns. Madero was not wounded at any j time, said -.■ messenger. He is constantly | trath'erinsr allies to his standard. So far as the confiscation of the Madero ! esta?e c was concerned, the courier said j that Maderc v.-as not much concerned, since ] the "bulk of nil Interests were in the hands j ol "friendly Americana i JOEL F. FREEMAN'S WILL FILED. | The wBl of Joel Francis Freeman, at one ! time treasurer of the Standard Oil Com- | pany. who died at East Orange on Novem- j ber IS. was filed at Newark yesterday. It leaves the entire estate to his wife. Mrs I Frances M. Freeman, and to bis children, ■i idtm Freeman, Edith' Freeman Dallett and j Gertrude A. Freeman Mr. Freeman re tired from active business fifteen years j ago. 'M r^r*ir6TTo?"4i-?/\«al Silverware must necessarily be more or I Conventional fes conventional m that lt is US€d for H functions and social occasions requiring I and • conformity to custom. But still Marcus i T*-^T7t,r?«*^]j & Comoany contrive to introduce in H ' ;u ueU the - [ venvare a note o f originality and H§ ibliYdT distinction. Many of their productions •*!| are original in form and decoration, mt while many pieces are true copies of i £g> Old English silver of the best periods, j&l or studies from Greek and Roman jg£ utensils. 4% The same personal attention is given by '£: the members of the firm to the silver- Iware that is bestowed upon the selec £ tion of the jewels, the pearls and the F, settings G. all the precious stones. j| Marcus & Co», r.u Jewelers and Goldsmiths, jpl sth Avenue and 45th Street, New York His riw t f _mKS^ Kb iff |l^fl|HßO9 9b ft OUTWIT PQLICEJ"O ELOPE Bride's PatheTiad Home Sur rounded Without Avail. -p.. TTrn-ram, •- H« Tribune.] StamfoM. Con?. Nov .^ -After 3 n Hope. iment, made necesan' » the objections of i the bride's father to a marriage at th.s. time. Howard T. tfalker. twenty-four years old. and Miss Fefe May Blake, two , years his junior, both of New Tork. were married here early yesterday morninff. They were assisted by a friend who said he was Daniel M. *•*«*■ a New York lawyer. . , The couple were to have been married here on Saturday night at 9 o'clock and Mr. Polsey. as best man, had tVt made ar | rangeraents for the ceremony with a justice of the peace. The couple did not keep the appointment. _ ,t, t The fact of their running away came cm. when the lawyer told the justice of the psace. after the couple had arrived taw ! yesterday, that they could nor. get ; away ! Saturday night because the bride could not i get out of her father's home at No. o*. I West Ssth street. He added that the father ! was so much against his daughter's mar j riage that he had the police surround his ' hcrae. "But we outwitted them' Mr - P° iE *" told the justice. "Miss Blake ■«»« what clothing and things she needed down on a i line of twine. Walker and I stood below : and gathered them in. Early in the morn j ing when there was no policeman around i she slipped out and we came to Stamford." i Once here the youthful pair went to the , home of the Rev. John D- Skene. rector of i St. Andrew's Church, and were married : there. BURY ■ QUEEN WIIvNTE TO-DAY Asthma Killed Newsgirl Who Named Senator Platt ' ' The Easy Bosb. Asthma, from which she had been a suf ferer for some time, It was learned last night was the cause of the death of "fl Horn, who tvas found on Saturday in her furnished room at No. 20S East 98th street- This is the third death to occur in the family within a year. Her mother died in May, and grieving over her death led her sister, Geneva Pinna Horn, to commit suicide in June. The funeral of "Winnie. better known as "Queen cf the News girls." will be held at an undertaking establishment at No. 1777 Third avenue, at 2 o'clock this afternoon. The burial wffl be in Lutheran Cemetery. Winnie, who had named the late Senator Plett "the easy bcss." had for years sold papers with her sisters at 23:1 street and Sixth avenue. Two years ago they retired. Eva. the youngest of the family, was married to S. Sulsona. and they ■ live at No. 227 West 19th street. Sadie, another sister, who sold papers with Win nie fcr more than fifteen years, is also mar ried, and lives at No. 327 East 72d street. Winnie, aa well as her sisters, was known all over the country. Among their patrons were men from the "Amen Corner'" in the old Fifth Avenue Hotel, notably Senator ' Plan and former Governor Odell, and the late United States Senator Mark Hanna. Winnie Horn was the oldest of the sisters, and the success of thenewsstand was chiefly cue to her and her sister Sadie. She was I twice married, and she leaves a boy by h<;r first marriage. To this boy she leaves a collection of letters the like of which ; would be impossible to duplicate. > i IRISH APPEAL FOR FUNDS | United League of America Asks More j Money to Aid Home Rule Campaign. Boston, Nov. 2S.— The members of the i United Irish League of America, deter mined to meet squarely the issue of 'Amer ican dollars" raised by the Unionists in the campaign just begun for the election of a ' new Parliament, to-day issued an appeal | for funds to be sent to Ireland to assist the i Home Role party- This action was taken at a meeting held here to-day by the Boston members of the national executive committee of the league, including T. B. Fitzpzu-ick, national treas urer, and John O'Cailaghan. national sec retary. In its appeal the committee say?. Ireland's claim for Home Rule stands in the. forefront in what is destined to be the most memorable general election in the po litical history of the last two centuries in Great Britain. The demand for Irish Home Rule is linked inseparably with the de mand of the masses of the British people for the reforms which they have so ions and so vainly demanded. In its desperation the House of Lords has j been driven, as a last effort in the attempt ; to save itself from extinction, to cry out that its destruction is being wrought by the aid of •'American dollars." The cam- | paign cry that "American dollars" are ; about to wreck the British constitution is. of course, simply meant as a catch cry for the purpose of defeating the forces of prog- j ress" But the fact remains that ■ Ameri- j can dollars" contributed to sustain and strengthen the Irish party in this contest are going to play an important part in the \ result of the struggle. j * — i HARGIS CLAM DELETED One Assassination a Month — Im portant Breathitt Trial. Faris. Ky., Nov. ;s.— Licht on the feud situation in BreathUt County. where, ac cording to report*, followers of the late Judge James Hargis are being killed at the rate of one a month, i s expected to result from a trial which begati here to-day. Thft case is that against John Davidson. Hacker Coombs and Jason Deaton. charL d with the assassination of John Abner. a Harris man. in Jackson, last June. The case was transferred from Breath'"'- Coun ty on the state's plea that it could not get a fair trial there. Abner, according to con fessions of alleged companions, helped to murder Dr. B. D. Cox, James Marcuro and James Cockrill after being hired for that purpose by Hariris and "Ed" Callahan. Whether the present trial will result in an exposition of the situation in Breathitt County will depend largely upon the will ingness of the state's witnesses to talk. Several of them have, said that threat? hare already been made against them. FREiGHT RATE ADVANCE Roads Said to Plan a Combined General Increase. Chicago. Nov. 2S.— Transcontinental rail road officials in session in Chicago are planning an advance in freight rates be tween Chicago. New York, Boston and other Eastern points and the Pacific Coast. The advance contemplates -in increase amounting to 25 and 35 per cent, according to a published report to-day. Nearly every railroad in the United States is said to be affected. A plan is contemplated which will in crease the rate between Chicago and the Pacific Coast, but also will cut down ma terially the advantage over Chicago which New York and Atlantic seaboard shippers have enjoyed. The rates from Chicago and New York to the coast heretofore have been the same. Under the proposed sched ule the rate from Chicago to the Pacific is raised 50 cents a hundred pounds, but New Tork has SI added to the tariff. FUERIER FAILS FOR $120,000 Simon Lindau 's Counsel Says Unsea sonable Weather Is to Blame. A petition in bankruptcy has been filed against Simon Lindau. trading as S. Lin dau & Co.. dealer in furs, at No. IS "West 2-3 d street and No. 23 West 34th street, by the following creditors: Peierls, Buhler & Co.. $100; L. Ernstein & Bros.. 008, and William Skinner & Sons. S4OO. It was alleged that Lindau was insol vent and ha i made preferential payments. Liabilities were given as £20,000. Nominal assets were said to be about the same, while actual assets were estimated at $50,000. Judge Hough appointed Robert C. Morris receiver with a bond of 120.000, and authorized him to continue the business for thirty days. Mr. Lindau consented to the receiver ship. Thomas & Oppenheimer, his coun sel, said that the trouble was due to bad business on account of the unseasonable weather, as it has been too warm to tempt the women to buy furs. A meeting of creditors wil be called soon and an offer of settlement made. He has been in busi ness about ten years. PROBATION OFFICERS EXEMPT Justice Maddos Disagrees with Opinion of Corporation Counsel. Justice Maddox. of the Supreme Court. Brooklyn, handed down a decision yester day in which he held that, contrary to the view of the Corporation Counsel, the places of the five civilian male probationary of ficers to be appointed in Brooklyn under the new inferior courts law were of a con fidential nature and need not be f,ll"d from the Civil Service list. The- decision grants a writ of peremptory mandamus to Adolph Benchin. directing Chief Magistrate Kempner and his asso ciates to make the appointments of pro bationary officers without waiting for an eligible list to be prepared by the Civil &cr c . ice Commission. In his memorandum the justice points out the confidential rela tion that must exist between the magis trate and his probationary officer, and ar gues that the nature of the relationship -ings the place into the exempt class. GRAND PIANOS There is perhaps no other single article tha gives such an air o£ dis tinctiori and elegance to the home as a grand piano, and no other that is so expres sive of the good taste an' judgment of the donor. Until recently this gif + has been impracticable, be reuse few homes were spa cious enough to accom modate the grand piano as originally made. With the advent o* the C H I C X E R 1 N C quarter grand, how ever, al! this was changed, as it occupies but little more space than an upright piano and there are feu T>om.* where it cannot be installed. This has resulted in a great demand for these exquisite little instruments. Small wonder, too, when its gTace of outline and beauty are compared with the angular appearance of the upright, and it is remembered that the tone of the grand always has been, and always v ill be, considered superior to that of any other form of piano. Come and see these dainty little CHICKERIXG grands, and, at the same tune, hear the celebrated Knabe. "Mignon," 1 the little Schomacker grand, with its ultra-artistic tone, which haunts the memory of the magician forever, once he hears it; also the Emerson short grand piano, whose sales have doubled within a few months. In one of these diminutive grands yon will find the instrument you are seeking. And in no other store in this or any other city can yon find such a. variety from which to choose. And in no other store can you have terms so perfectly adjusted to your conveni ence, with payments fixed by the week, month or quarter. No publicity— simply a confidential business arrangement between ourselves. Other instruments taken in exchange. If you have one, write us a description, with the maker's name, and we will send you an % estimate of allowance. Pianos held for Christmas delivery if desired. n«t Gallery. I*- »•*•■» JOHN WANAMAKER Formerly A. T. ctewart & Co., Broadway, Fourth avenue, Eighth 10 T?mh street. MAYOR TO AiD CHAUFFEURS* Seems Disposed to Help in End ing Taxicab Drivers' Strike. Mayor Gaynor maj make another at tempt to make peace between the striking: chauffeurs and the taxicab companies.. A committee of th» strikers called on the j Mayor yesterday to make complaints of irri^'ances of Hbj taxicab drivers. They had with them pay envelopes showing what j they considered altogether unreasonable* i deductions for breakages and evidence *>f I what they called unreasonably Ion? hours of work. Th» chauffeur* trere closeted Witt the Mayor about half an hour. When they came out they said th* Mayor had received thera cordially, and that as Mayor Gaynor had promised to Invited representatives of the companies to meet him in the hope of bringing about another peace conference the prospects for ■ settlement of the strike ■were fcright Tl«fi committee Indicated the -Rilllngmss of the m en to return la work on the terms originally proposed by the Miyr> r , which provides that they return to work on the open shop plan, union men not to t*> dis criminated against. The Mayor said that be understood tiM chauffeurs had been under the leadership of two men. whom he named, one of -whom had coat them a lot of money., and the best thing the strikers cculd do. h<* said, was to get -if of this man. The Mayor then said that he would suggest to the employers the re-employment of the men en the plan sug gested. President Perkins of the Chauffeurs' Union said last evening that the union shop, •svhich the strikers decided to stand out for. rras different from both the open shop and the closed shop. The employers said that the whole thing vrae a backdown on behalf of the strikers. The horse cab drivers struck yesterday at the new Pennsylvania station, but the chauffeurs remained on their cabs. This strike was an unexpected one. CAUGHT ELOPERS AT SUPPER Wilkes-Barre Mans Wife Had Fled with Actor. [By T's'.rgT2.;r. to Th* Tribune.] Paterson. N. J.. Nov. 2S.— An elopement supper, interrupted by the wife's husband and Detective Captain Tracy: a fist battle between the two men and the swooning of the wife when brought to the- police station were the exciting features of the elopement of Mr? Jennie Noon and Robert C. Gary from Wilkaa-Barre. Perm., this evening. The elopers arrived here from Wilkes- Barre this morning, hotly pursued by the irate husband. With Mrs. Noon was her seven-year-old daughter, Marcella. Gary and Mrs. Noon engaged rooms in the fashionable boarding house at No. 17! Van Houten street. One hour later Noon ar rived, and started on a hunt for the elopers. He went to Police Headquarters and impressed the services of Detective Captain John Tracy. Mr. Noon, who is a braid manufacturer, said his wife met Gary while he was play ing in "VTilkes-Barre with the "Topsy Turvy" company. When the company left the city Mrs. Noon followed, but was taken back by her husband. Thanks giving night, when Nocn arrived home, he said he found it stripped of the furni ture. Jewelry and silverware, were also mjssing. Mrs. Noon is twenty-four years of age, and nretty She is said to be the daughter of a prominent judge in Stroodstars Perm. FORMER OFFICIAL GIVES BAIL. Former Sheriff Matthew J. Goldner, who served as Superintendent of Sewers In the administration of former President Joseph Cassidy of Queens, was arraigned yester day before Justice Jaycox. In the Supreme Court. Long Island City, and released in S2 500 bail or. a charge of grand larceny in the second degree. Justice John M. Cregen. of the Municipal Court, who is out under JS.OM bond on indictments charging grand larceny, entered a plea of not guilty. GAYNOR HOSPITAL FUND $14,000. John D. Crimmina. chairman of the Gay nor Hospital Fund Committee, announced at his home last night that the amount col lected was slightly in excess of 514,»». Mr. Crimmins said that the committee was con sidering the advisability of permanently endowing a bed in the Mayor's name, which would cost $5,000. and that it was planned to present a purse of 510,000 to the hospital. For Christmas Gifts SPECIAL EXHIBITION Or Artistic Bookbinding ON VIEW UNTIL Saturday, December 3d at Bonaventure's Galleries 5 EAST 35 th ST.. Cop*™* Abac's ALLEGED THIEF SUICIDE Former Cashier of Bank Shoots Himself at Relative" Door. Rockport. Mass.. Nov. - Jeorga W. Tufts, former cashier 'if the Rockport Na tional Bank, •who recently lndictei for th» larceny of about S^.'VO fron ti» bank, committed suicide- by shooting her? late to-day. He **as out on bail pending an examination as to his sanity. ."V About two wests ago Tuft* - -acrid his former plea of not guilty and pleaded guilt? to one of the eight counts of xi.9 indictment. He w»3 then released on bail again, pending examination Into his aar.irr. Late to-day Mr. Tuft* went to tie ham* of Loring 1 Grimes, former president of -?»• bank, whose wife is ] .--s's aunt. Tufts rang* the bell, and when a. servant ■•> called 3£r Grimes to the door Tufts tor* open his coat and before Mr. Grimes could mate a move to prevent him drew a re volver and shot himself through th« heart Tufts, It was charged, obtained about SS.OOO from the bar..-: partly by aieajta of notes to which he is alleged to isave f orssd the names of his wife and of Alvin S~*ih. of Portland, lie. He was fifty-t-nro years old and had lansr bees prominent ts. town affairs. He leaves a wife and one so=- PROTECTING THE INDIAN Lesral Duel Over Allotment of Land in Oklahoma. j [Fnra The Tribune Bursar ] Washington, Nov. 25 — To the intense dis pleasure of one James F. Rowel!, but ta the entire satisfaction of all true friends «f the Indian. Secretary Ballinser has sooesaial \ in once more staving off the •Sorts of Mow ! ell to acquire ti is to 150 acres af land a j Oklahoma, pursuant to an act of Cacaress. ' approved June IT. 1910. The act instruct ' ing that title be conveyed To Bowel! was I passed on the representation that he was a I *.:: rr.err.ber of tin Ki©wa» Cewaaeht aad Apache tribes of Indians who had baas < overlooked in the allotment of, lands to th» 1 Indians. Soon after the act was pasaed and Con 5: ess had adjourned, however, jnemhers cf Congress, '■ Ml ? l 1 fh# chairman of tie House Committee on Indian A3airs, cam* | to Secretary Ballinger and told him that in 1 reality Rowell was only a ''s<jtiE.w man." : that is, ha is a. vjhite man who nsarrl«d an i Indian woman : that the land to which h» ! sought title was on the outskirts of tha tow-, i of Lawton. and was worth a; least (50,600. j whereas the regular a_iotments did not « ceed SS.OQQ in value, and that while Rowel! claimed to be an Indian as a result of hi 3 ! marriage, he had been denied recognlttai :by the tribe itself- These members of Can j gress said that if the Secretary could pr* j vent the patent of the land until Congress | again met the law directing that titls 6a | conferred would be repealed. Ever since these representations w#j» : made to the Secretary of the Inferior a ! legal duel has been in progress. Rowel! aai • his lawyers seeking to compel the issue i a patent before Congress could take inaav I -:•-:• action, and the Secretary utilizing tb» I technicalities of the law to evade Gat | course. Replying to the rsaniiaaus «f 1 owe the Secretary to-day informed •.".* | Supreme Court of the District of the facts | a- here related, and further stated that t:» ] President had instructed the clerk is --- j General Land Office authorized to 5152 his i name to patents net to sign the deed ta Rowell. It is now believed that -ufflciaßt ; delay will ensue to permit Congress to a) I consider Its action.