New-York tribune. [volume], November 16, 1911, Page 4, Image 4

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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?HEBE Ai GOULD
THEIR APPEAL
Appellate Division Orders New
Trial in Case Involving Lia?
bility of Directors.
DECISION OF IMPORTANCE
Court Holds Calamitous Con?
struction of Law Preventing
Big Business Men Acting
as Directors.
Albany. Nov. 1*.?Th?? broad o,ues1lon of
th?? Habtltt*" of dir**ct?o*rs of Iras! ciMnpaalei
for los.*es <1??r te their .??lle-'rd npRllsm?-?? i"
dl??-?;jsed at Joict: hi an opinion by Wnl
trr Lloyd Smith, presiding justice of th??
Appellate Dlvts'on, M Dspartwsnt which
to-rfay rSTQleSd tl ? ?I? ?sion of Supreme
?"ourt .)':sti??-4 Van Kirk hotdtll? Tlorl?? it
!.. 5-attcr'.?,* nr?I O sargt J. OetlM, of New
T?srk, ltabl? for lossss ?-.?.allied bjf the
Tr ist Compare of th? Republic, of Which
xhev ?ere director*, a?? a result of the com
pany's r?rt In nttemptin.. to tlnance the
t'nited States Shipbuilding ?ompany.
The rourt holds thai any <ot!??tr?i-*ti-?:? of
law thai WOAM make it Impossible for men
ef large business connections to acospt po?
sitions on various b??ards of director? ?with?
out e detailed knowledge Of the small
?veryday transaction? of the <*orp??rat!on
would N? "Httle le*? than calamitous.'
With eleven others the defendant? wer?
?ued by rharles H. Kavanaugh. of WatSt*?
ford, a stockholder, who nought to recover
for tn-ifi s?i?tBtn-d by th? trust ? -ompany
through loans made on sfcnrltles of th?
t'nlted States Shlpb'tulMlng Company in
tK? rummer of 19.**:, makltiK necessary the
r * or ?janl ration of the trun? company, which
t? row known as the CeSBSaOBWealtt Tniat
<* ompany
The case was tried at Saratoga Springs In
th? summer of 190?. and differed from other
??????khoide***?' n-alt?. pteviously brought
? gainst director?* of n trust rompanv Off
Mnk because the ?rust company had not
??'?<?*>" its doors Kavanaufh. who wa? rep
r?*?jente-d by Serator Edtrar t Bracken, of
Saratoga, sought to hold the tntPOt direc?
tor? Uabl? for loss?** su?talned, on the
ground that the losses wo?:!d no? have been
'?".curred ?f the directors had attoded meet
'"S? of UM t?M?t romriny in th? summer
ef me
?Judgments Against Directors.
Tu-?'^c Van Ktrk decid'?.--) t;i Kavanaugh's
tavor not only as to the losses on loans, bat
as to J3t*.,iyj0 which D. Leroy Dr???er. pr?s,
'dect of the trust ??ompanv. took with him
*?? hsa he went abroad on business in con
?-.?"?t.ion wit?, ths ahtpbulldln** company.
.fi'dgments ranging trotp PStfiH IS HtP.OH
*-?<*re found aga'n't ??a*'? of th? trnsi
paay directo'?. TV-tv R-itro-it, rharl?? D,
Marvin. Jam?* MCJaahoa, Thomas ?rim
tnme. ?"'harks W Wetmore. William ?.
?Battwta, Rallar-.! Mc'all. Chen?., v \
?r. Georg? .' Go i, Blbridge G Snow,
Herbert T.. ?Jattsrls*. >:<orK, i Bol
Pi'iyvesant Fish,
Justice Tan Kirk held seen defendant li?
eble for loans mad? at any time while he
??as a director, although the losses, result
*-d after the termination of his directorship.
*nd found iiidgmcr t against .Mr. OouU tor
?" ami a~a' M Mr. s itti rlas foi
\s to Mr Sa"er1ee. It was ?Atorara an the
thai h* attended an the lassftngi of
1rs ' 'r* exefpt on?, until he went
abroad n I " ths noetlBfi aftat his re
turn until h? ? ? signed In
rig a ''*? Gould vas that
;. dir ? tOf ftorn \t ? ? , igst,
Of th.
rilfMton during I i
t. \. ? ? ?
I H Batterie? ghl up
?Vr? ?n?eetJ*on s?|i r a di?
rector ?as liable io; . ' by the i,ffl
untrj. Th?
s
* i oand to attend
liai ' ?Me, a:i?i
ther he i i not faMI th?? r?
dut h h? la H?.*?, ni froi i
... plOVl.l? i
1 . h" i makes up 1 ?.
a ?att-T ?pari of Un
The other foret? d!r?-et.>-s. ?agatasi
?? t a .i?in?i and who had at?
t< nded h greater oi fewer analier of ?asset?
laa*S, s<*ttl"d t!.?-lr JudgmsfltS and did not
? ? I .
warn ? " ?i
Justic? Smith's Decision.
In Ins 0;.\'
banks
in Ktw To ? ? -..'st to the et
nunltti ' tard the a ipa
of the d?' '
M- ?
a e*tr?*?**tora gsneraltjr not .?pon th i
. itlve eomi : ?t iupp .?? i to lia i a
i? l< ?ail'i o;' il.? ?
- ? n which are
) <>? subtnlit".! to t'iftn.
ri-i? miatom, howerer, ?Joes no! relievo
? T? generelly oi a?' reaponslbllity If
bylews t*eq*iiro monthly tuctings
must make dillgsnt effort to h ?
ireat. They mus? gira t li?-ir best
? a to advance the Internal of th? oor
i?oration, both by sdfflee and counsel ami
1 ?" ac?lve )\r.rk ?i b'-lihlf Oi I ? ??
lion when auch work nur tnei lo
????in if si n.rtr meetings oi o h
? formetioi al ruM com? to th?*rr. of Irr???/'!
Coward
Shoe
?at? u . ?.' ?f? *
A Trim Shoe
l:or Women
Built on a Coward !-.??<t,
with an upper graduated
to lit feet that are small
tbrougb the w a i s L
(iracefullv cut and ex?
pertly made. Tits par
fectly at all points.givinp
a biuooth contour over
ygj p?rt of the foot
Ask for the Coward Combina?
tion Shoe. ."??ade with and
without Co war uhxlensionlieel.
?OLD NOWMPRB CLtiP
.IAMES S. COWARD
264-274 Greenwich 8t.; N.T.
iei au ?va11'E*- ?jresari
Ma?! Of der? Filled I 5e?ad lor Csulogaa
larlUeg In th?*? proceedings of the ?benfe they
?are bound to ink? steps to ?corred tiioso
Irregularities. They are ?bound g?*nerelly
to ut?e everv effort that a prudent huelness
nian would uso in ?ropsrvislng ?big earn
affaire.
Bnrtngee men of Hew York are prohahlv
the busiest men In th?* world. They haTe
large business enternrUt? in which |h?**lr
first Interest Met und to which their llrst
duty l-elonp?. Most of then? are director;
ot more than ??ne corporation mid nom?- of
them of many, If they are compelled to
superrteg the detail management of each
????rporatlon In which they mo director?, or
if they ?re deemed to hnve constructive
knowledge of guch facts a?? would be ??'
? ? u-'?i i such supervision, it would he
wholly Impossible tor them to accept such
. ii?i?t They cannot ?gire th? tlm? ,n
wat. h the ?small everyday transaction?
Of the corporation, snd If chaiK'-aMe With
such ?knowledge a* would he ac<*u?red there
from th? risk i* too creat for them to run.
They ST? then In effect made ,?n?.??.?ralile
for the neglect of th? executive oom.ml1
t... to which Ig given thi? duty of ?super?
vision.
Plaintiff*? contention 1s that they mUSl
not then accept the ?poeitlon sa director
*t*he obvioug answer to tbla ?contention I*
th ?t ihr corporation cannot afford to low
?them, one of the ?best ?tseetg of ? corpora?
tion I? the ?idvi'-e ?"id ?aesiatanc? of men
lof buatmtga exp?Mlen<*e and ?>t laD?? "u",
r.eeg ?connections ui>on l?? board, Their a?l
and aaalatance Is of Inestimable value
In all emergencies and in determining th??
'policies of the corporation and In ?counsel
Important questions that
I arise, Anj construction nf the lau that
would make it Imposalble Tor ?uch men to
? ?positions upon various board*? of ?11
ic,|ors would serlouslv impair hoth tue
effect I vene? end ?tablflty of corporations,
In ?fact, be little le??? than calamitous
Not in Accord with State Law.
The court h->ld?- that th.? plaintiffs SgSST
UOB that lh?* directors may delegate t<> the
exo-CUtlV? committee their work hut ?net
responsibility is not In accord Wltfe
tb? lea Of this Mats The court draw? a
?distinction between the diligence required
?by a direcior generally and g m?tmber of
the executive commit t??e.
Si far M Hi'* defendant Could Wat OfMK
cerned, the eOUTi says, ns a director pen
eralty he was charged neither "actually
por constructively with the, know led ire of
the n-.akiiiK Ot any of these loan?- OT of the
collateral upon which they ?were B
Mr. Gould -??isente?" to go ,??? ?lie v.o.ml en
no ?iiidersiandinir with President 1
that be ah-auM not he eaii'-d ?on to ?attend
any of the nuetings of the hoard, but
would ?Imply allow the ore of his name In
th? ?*Ut*ectC*rate, This agreement, the court
holds, wag clearly beyond ?he authority of
1-re "?F er to ?nuk?
Tn the case of tbe d?f-?n?*-int hnierle*
the rot;it gaya
It wOttM seem that he had been thor?
oughly diligent, both before his vacation
ana after his return therefrom, and with?
out fault In taking that vacation he .-??ni'it
Im held to have been guilty ot ?ny n?*gH
Efiii?? irhlch ?-^?lM hov? ?caused loe? to ,|"*
company,
The i35,ooo which President Dross?? dree
b?fete he wept sbr?->ad. ?he conr? cay-*, ?weg
not submitted to the ??scuttvg eommitte?,
and th" hoard of dtre-ctorg had no
eelga of It
"Whatever irregularities D: essor had
he'-n Kiillty of prior to thi? time?" ?a?
court, "none of then? tnvolv-ed
dishonesty '
The court grant?? a n?*w trial, all eon?
"lining ? \cf'i?t .Justice Kellogg. who
? ?--?parate opinion In ?support "f
*"an Kirk - declglon, ?with modification'
LAND RSVBETI TO THF STATT*
Contract Between Cornell and Brook
lyn Cooperage Company Invalid.
\ihan>. Nov. M The state |g <-? >i I to
tmg of land is franklin
County, whlcli Cornell Dnlvsrslt" '
o\er to the Brooklyn Coop-ragc Company.
The Appellate Division. Third D=j artmen*,
to-day affirmed the Judgment - f Suprema
?'o'lrt Justice ?Chester? who held that tbe
I ?contract between tbe tmivenity snd tbg
cooperas* company i si Invalid, and Issued
an or? biting th? company from
? ? ; any more timber from the la-'d in
en on the ground that ;* Stag I tU?
a?fi within the furest pn
Xbi ? ? was conveyed to Cornell Cnl
-..i" for expcrimei??:? ; put
rv. The ? aperttnant ?t-1
I alleu.
I neii (niversltv entered Into g ?
[whereby it turned ovei ?? ?md to the
I Brooklyn Cooperage Company. Th? ? i
, then began ver i
: of ?the property
-.
^STATE REVENUE INTERESTS DTX
' Governor Will Pay Attention to This
Subject in Hie Annual Message.
o V'.. IS, The o;' ' r '
.,?ii for Increased revenu? from th?
state's natural ??sources Is ?receiving t'ig
"on of r,??\irnor Dix, who | ,! ?" to-day
?, ? be would dieras? the subject ): his an?
nual message to the Legislature ?>uriy In
? ?. The Got ?*rn< r believes I
" - g r ge annual revenu?
? ,ii of water ?power for p ibU i and
, ' it- utllltleg at a rate Id rep
,1 :??
authorities My thel
era ? water power, part
i ?arati ra ol th? cai tl sj .stem.
? tai' ?"i i?* a nominal sun
the propoeed mutructton of dam? f?>r i1?.
?-??.?. dation of tie flow of gl ? '
bone] iw< r erOl be | nci ?sas? ?i
in i*ensld?*rlng the financial nood? of ?he
? nor hi ? ? ? ,
Iglon ; i -? ?uhjed ?Milch ?ill ?pro?
i liu?'?? additional rev?snua
-.
ORDER SERVED ON BARNES
i Directs Commitment to Jail Unless He
Answers Questions Asked by Osbornc.
?Albany, Nov ; Th? order ?of gupr-un?
Court J?astl<ee Josspl ?4 g, of Gl?eni
Kails, dlrsetttlg William Harn-.??, jr.. chslr?
i man of the Republican State ?Committee? to
-?answer certain gueatlona relativ? to i,h
H UUlSitlon Of Stock in the .lam, s |?. L-on
Company, of Albany, and produce ?certain
i tiooks of th?? Jotirnal Company, of which
he t.? r'r-sid?!,t. was served on Mr. ?Berne?
Tbe go-sstl-oug w??ie asked by
James W. Oeborno. count?? 1 ??> th-- ?Senat?
'omniittee which is Investigating condi?
tions in Albany -~'tv and ? -,
1 ? . "*'"r ?' ? ?? i Dmmltx-tent of
Mr. ?Bnrees to th? Ubany count? ?i -.n-v
he ?eotapHes with the eonrt'g mandats, but
'? Is provided that tho ?Aauant shall'not
Issue until eight day.? aftei its ?.-r\ V ?.
Mr. li?mes has announ-??l that an .
will h-i taken.
? -
SUNDAY'S NEW-YORK TRIBUNE
Maiied anywhere ?n the United States
for $2.50 a year.
GOULD RAILROADS BACK OUT
Say Airreement with Trisco Calls for
Too Great an Outlay.
Th- esreement mad? last ?ay bets
tbg Texa? ." Pacific and the m. Lnula, ii*on
Mountain * ?Southern read i
-, and th. st. ?Louis i Baa Ft.,,,eis,,,
by which Us J~rlsoo ?rag t?. hav? trackagi
right? over tb? Oould line? from M<
and New Orleai - ? ?-?. yooj ^ii] ?.,,
ade effecilv-- i r,,,,.r t>...
the ?io'.ld roaos weic to mak-? manv Im
provemeiits. InclmilnK th? laying of K.pound
rails and rock bsUeei snd lh.- bulldli
tation ,.' i !.i idgi
? . - - ? ? . . .f th?
agreement
hav-; iiiff.rii.cU lh? 'Ftlsco thet
wiii pot d"iu?'r ?them, Ti:?- ?reaaon for
declining to mass ???? ggreemenl bin
??xplalne?! to 1-e that the cost ?of makliu*
I-- oontempiatsd Improvement?
found to I?-*- larger th in II
? 111? time.
Ti It. uii'h.!.-'""i ? " a rtaw nfcTe? iu< nt
-, ? ?? 'Frisco win ?bull?] it,. own
Is cr-nrit-ct llemphlg ,inij Sam ?Orl?ans
it n??w -jantrels thi ..''...,
' hicsKi Kellroad. whi'-h i-xtcuds lr??m
nit?? T? m
.... , ...
Un? may he tuM Otk -l to
? A urltsiis.
I
Spencer Shrieks When Witness
Mentions Electric Chair.
LOSES NERVE AT HIS TRIAL
Alleged Springfield Murderer
Cri?e Out for "Truth" and
Judge Orders Recess.
Springfield, Haag., sor. il Bhriektag.
I "Why ??'..n't \?.'i tell the truth? ' M h"
j heard "the electric ehali ' m? ? Honed bj g
witness, ?Bertram ?;. Spencer, Spring!
. ao?ealle? **g*enileinsn burclar,'' who Is
! being tried for ?M m order of MtM Martha
R Hlnek'lone, cr?*nt. I at) . \t,;i.*.n|lrnry
scene in th? ooortroom lats to day.
Thomns r. Blifb, .? state detective, ?sea
on tho Hand, t. ? ? , regard to the
r.rr?**'i of Bpencer and the prieoneria ai?
le**,*,i confession 10 the police Immediately
lliereafter. The witness testified that the
prisoner exflnim-.l ?after the oonf? -
'Send me t.? Siberia or saywhere yea gse
j tit for life, bul don't ?tend ?ne to the ??lectrlo
chair." \t the wonlr of the ?Sitnssa BpeU?
rrr ?ep.T-orl to Inpo kit .*?- ll f-rntlt f? ?]. He
?prang slntosl out of the prisoner's ease
as he ?'homed. "Why don't yo;i tell th?
inrthr
More Scouts from Snencer.
After ih?' turnke* and othtrr olBcora had
d Mm I sek into the cnizr, ;?>
?as completely onn**i*red. Ho trembled
from bead to foot and cried and mutter? ?
?to himself, a moment later, In tone?, of
anc-T rather than of fear, the accused man
ted, "Why don't you tell the
truth'.'"
Spencer'a outburst startled the entire
troom. The ?slieBtsts, who ?ears seated
near the ?age, Jumped out or their ehair?
at the prisoner's, first shout, ?and then be?
gan taking roj?i,,'ic toi.? Judge John C
. ?ffOOby rr.l?red a r. -<?-??. and Spencer va?
taken fron) the courtroom mite??,
i pon hli "--"ii p he appeared
??'"?it''- agiti t? d, snd ?- ????.> * ?
the remainder of the days sssslon.
The ?**ommonwealUi tested at '?*??
?i of the testimony of the state detee
sad Ute <iefe?ic? onened its cas?-. C 1,.
Tonna, ?h" delivered the opening ?address
tr, the lury, seid that the defence would be
Insanity The sttorney tall d in a loud
and t|.|*5 had an unnerving llfsct OS
ri-.-.ne., who erept at time?. \* the
end of his attorney'. sM.*eM Bp< DOOt
him not to talk f> loud?? the neai time hi
j spoke
Mr. Young revlew?ad the ?sp?E?Mtry of the
prisoner, going ha.-U SI fsi SJ the
j grondp-?ront?; on t-.r.tb ridel tttornej Gen
i eral Bftifl objectod to thla evidence, hut
?.?allowed by I ' Ht Yo.?? g
: a'd thai on botl ' ?we had
? . ?
The pro- . . ? ?
.*? the |ury ;?n slli ted. eon
I ?feesloi " from Hi
? ?. .--i.*,., reprsssnta the ?pri?*oner sa
ha,-ing adm'tted that he robbed thr
of lira Sarah ' Dos < I I '
tt 1910, an.i shot ?and killed Misa Black
The conf?
In the form of testimony by Captais lohn
H, Boyle, of the Springfield Detective Bu
reau. Later other ?ritnessi c?or.
j roboratlng testimony regarding It
Snencer's Aliened Confession.
Accoi-dlng to th? ' f ? ??'? fr ief?
home about 7 < the 1 Ight i ' I
murder, end shortly ?afterward was in the
?. lcin'.ty of th? Dow home. After removing
his outer Clothing snd disguising himself,
bs enteied the 1 ' \h Sn inl
wln?o?-?'.
\'?.r wilkln**- throogh ?jereral tm?9<****u
gj tncei
?which four women ?were aeated, and d??
mended money. Hs ssld the *?
?KTeained at.'l lumped ip on? taking hold
?if bun snd anoi hah
thought he (*ould hee
and f. .? ? ?'.!? '' -tl th? I.??'..
ed. BeltoTlng b? cpul?
b) ahoutintf liia way OUt, BponOST dlWW bla
revolver snd lh*ed. Ha thei rsa out of the
ho isa and ?nade nil wsy I >m< through aids
streets.
AFTER $400,000.000 LOSS
Secretary Fisher Wants $100,
000 to Trace Mine Waste.
Waa ? Se I a Bracretary or
tie interior, Walter !? Fisher, la <?f th.*
? thai ich of the y .
It ia ? ed. Is loe! i an ?n? In
?an mining ai d m< talli ?*gl sal In I
II Ids estimate?
?. ? ? n.niitt' d to
. ? ]
. ? tlgat
i,< . spend? d
'
His sstlm decrsasaa of V ?
for army ar.d nary pensiona sn i of nearly
? ...... for General Lmni Office and Indian
service work, and increases of more
r ru Lionel p irks, of ?' ?"? ?
... i . lasstflcatlofl i ork, of I ?0 000 l r
ga Igfa g str?-um? l.y the I ITVOJ .
of ROMS tot ?additional t?*-po*gi*apl?le sur
and of US M0 for educational work
throughout the i nlted Btatea and a.
Among new Items In th? estimai
.....
an.i (60,006 for a building foi experta
work oi u i y the Bureau of .Mines.
LOUIS SHERRY SUES BROKERS
j Say* He Lost Money Four Years, and
Demands an Accounting.
L-oula Bfa rry, the restai i-ateur, hn>
three suits against the st?i?-k brol
! firm o* Charles Mlnseshelmer & t'o., In
-
I tlonary account he had with tl.-? Arm and
also demands IB?.????? damagaa beside?, ,,
. repi entatli
Slv rry ?r-|,. from UN to TW he los? g
7.V?. pr,|d $'..,22fi In in'et-eat and | - | ' '?
The suit fur ^V?,-?) ?l?ma.f?. SU based
on a traaeactton in i aitei States
I h< bo ighl i."*? ' bares of tl.
oel of the ? -'rroration, whl? '
to be h?'d on .-all thr?? month,. I?
?down to "TV, a tvenk before the tltn* ex
plied, v.1. the brokers sold ?Mm out, ha
sild.
The defen I ? est? riay to compel
? to rnaks hi? third ac?tt-on a ?.it ? '
I is Ont, which is the one for the aooount?
Iusttos Beehnr'j denied the motion.
; HEAVY TRADE GAIN SHOWN
Latin-Arneri':an Republics Prosperous,
Mr. Barrett Reporte.
?--,? IS.?T1 trad
?
.??. \., i*.r? I ' 11,700
i.u Inert u a ol '?- i - cording ?
annual I ?> 11 of the Dirt 10
John
phu .1 b fors
at K
?
The total ralm ? ge ol ir.,.?,
I the othei
.-. i. pub] ? ? . i siso i ??
I from
???. ? ?
BUYS CITY BONDS FOR PENSIONS.
I yet
il ?i i I had laTSStad 0O.9M :
???p?riment , fund i
beca of ti,. . .
tejea?. j.i \hg Iju?a.
BUIS STA?E OFF?
Prevented from Saving Carnegie
Trust, W. J. Cummins Says.
TELLS ABOUT STOCK POOL
? Put Up $1,000,000 for "General
Situation," Retaining Only
Clothes-Defence Rests.
William J. Cmmalne M anxious to let the
Jury ?which is trying Mm for the larteny el
$140.000 know that he ;?nd his a-s ?vela tes
I-would ?have saved tbg Csrnsgle Trust Com??
gad the "geneial situation" If th?*
Banking Department bad only let them.
"Whatever wo ?bad WO put up for the
if tbg ?situation." he ?said en the stand
y??aterday, "Everything went but our
? lllll"
The mjectlon <?f thli doctrtaf tote the an
h- ?made to the queetlong r?|t n-*'
"frank Moss, Asslitsal District Attorney, m
? t'oss-evamlnalion begSH to nettle Mr. Moss
early in the morning ?gegglon. Me was aak
lag Hi? irltnem shout th? llabllltle? o? the
I'latt iron Wotun, when Cummlna ?re?
li'asV" 1
"i know i sdvsnced sbnesi |l,f?|t,d<H
myself to the Iron works."
"Fleaae don't ?nake ?pee he?," interrupted
Mr. IfOSS, "If you keep on talking that
[ ?ray t will have to *sk yon where you got
thst minion, end this Irlsl win sevsr be
Rnished "
?'uir'ins teetlfled that the stock pool,
'which he has said was created for the
i ?benefit ??f the "general situation," was
? tarted by the *i 10,000 lent him and his ?as*
? .-oi-lnt? . ?Cummins, ?'ondon and Moon, ?by
tbe Nineteenth Weri Hank?this is the
be Ii charged with ?stealing?and
with the which the wan Ifeeden
; Trust Contpany loaned them The rest of
i (he ?money need ?In the poet, be geld, about
)3ftg,000? was raised on the personal notes
men in the p""1 ?Sad the note?
Of the Met 1 Manufacturers' Re
eurltleg Company, and the Tenneggee rack?
ing and f' gtty.
? "Did you pet any personal heneflt from
th? money raised with the pool stock a" col?
lateral? ' flske?l Max D. Steuer, eouns- ' fei
i'iimm!ni, in ro-dioeet examination
? ;< cent, ' ?ana s ? r--d ? luromlna
i , ,???? gg? gtoeb with it winch you
. thought some day weuM be worth ?MM a
share, didn't y0U""H ask-d Mr Mogg a Uttls
i.?..,r.
? i ?srtalaly hai ?-?onfldsnes in th? stock.
, ? i wouldn't ?have Kn* ail my ?ftleude ?o
I u? It"
?u,.? iritneea ?-?f^i-red ?to i ?arnssls Trust
?id brought the Came
m-? Trust Company ?ft-MMM of cash In the
of th?; Bears and Ijang'.ey notes ?by
I ? ig fi isn ic the ? 'ansegle Trust
? ? ? ?Just ti ~t* not?s.
ti ? i- on? of i ' pocket
? t Of these friends and
much th?tj ?? their stock, but
t that the ' arnegie
??'-'' ' Company had lent all these ?pi
'heir ?stock, some
of tl slag unpaid,
. ? No. P. asked th?
??"Uit If Mr. Cummin? 'nicht h? sllowed to
i teetify I Mr. Bhoemsker, s director
? of the Nineteenth Ward Bank, had been
I aeked to act gg truste? of the ii40.c-.i0 which
?started the Ftcck pool ?Bradley Martin, jr.,
lenl Of the N'lnefeerth Ward Bank.
and chief witnesg for the proeecutkm. had
i --d been
asked, but declined to ad
Mr. Shoemaker was not asked to act ?n
trustee of the money," Mr. da?adas es
???.. "I a?k"?1 blm If he would act as
the repr?sent?tIv? of us four men who
horrowed the money, and dlshurae ?t /or us,
but he said he couldn't that he didn't
time. Then i turned to Mr. M? H
vaina, counsel for the 'Nineteenth Ward
Bank snd asked bun if he would under
to handle the money for ?as, aaylng en
Id have a commll nted I.
suit with him shout it. but be declined.
th? matter wee left to Mr. Martin,
:,? and J <" led on 'Milu In nam "
Cummins, in answer to a qu-eetlo? from
his ? I be bad informed Bradley
? ^as
-i iing sIth ?
Aftei ? ahorl examination ?>f Orion n
? inking ?Si perfn?
i.-, which brought out that "; ? ??
, ?. fu] sasa I en taken out of
? | ? let Company ?luring the
? im'; ? the def< nee rooted
M'ANENY TALKS OF TRANSIT
i Reviews Leng Struggle That
Proceded Solution o? Problem.
y Aneny, president of th? Ho?
"f Manhattan, delivered ?i leetun last
- n the- rar Id tr insil p?j>oblsm ? ' I
?city before a large a idlencg in the Brook?
? f Music. The lecture was
"?i-? in the regular course ?arranged ?by ti ??
Tiro? tut? of Art? and Bciei
' a i??'? lea of ti a a?3tlvlties
? -i mission snd the
? of Setlmat? during the Ion,; struggle
that ?preceded UM MlUtton ?>f the subnay
m. Mr. Mc-Aneny e:iM his duty wan
nanner in which the public
riUei ?reoognls??d now principles
in ?pending conir.?"?s. ?snd that h? had noth
thOUgh th? time was not
? " as to reaffirm s??!iu- thing? that
i sd been ssld
Mr. McAneny n?ain imphsslssd big COU?
??? "u that la letting the contracts f?.r
operation which would finallj ??"'tie th
v problem tbe dty was not com*
'lie I lull? st ?bid, ?but could
' award the contracts to the ?bidder WbOO?
I p an, in? ludlng connecting line? for a single
? fare, bagtg of division of proilts, and other
deration? appeared to the authorities
! to he ti?e most favoraW?
?FINGER PRINTS ONLY EVIDENCE
i Others in Bnndary Ca??e Who Wore
Gloves Pleaded Guilty.
; | dOOf ?'"" the only
' !? Carrara, of No
?. wh-"? went on ?n tl
before I ge Footer ?In t?en?rai Sesatong
-1 iterdaj for ?robbing t^.?oti worth <'f human
??oui tie Wanamaker Beauty ?Parier?
No. Ml Bread*? aj. on the ?nil ?
list 1
Phol . r the
?? ? ? s Ith ?Ungei m intg --,i
lu tl nt of Captain ?Hauset,
irgs of the Bureau of Tdentlflca
i.. ii-1 Aquarian, they corre
--f < '.triara .- ! -. was not
Rooenthal,
luneel, In ? i" lot? wen
urati Impreeetona,
' rfs tn th?
? . - \y Carrai
? Lb recent proseeutlon ->n flngerl
. - sssf of burglei
AN APPF.AL FOR CHARITV.
go a a ; - ?? Kb t-.-.,, ?jjtue
. i - " .,? i . , ?
t an n ??
, , . ? ? .
snd new ?thi t the i,,.,,i. -
? k ???? iiiioiit dangi r t-,
? -?l'lreti ?sre ready f??r
m ? ??? '- Bei ? ... .
Charti Organise?
Hon - '?? -i le i ? in bet -.? Ith
ind te ?nions :.t her
? lari] during II
, , in,i-, n ?may hurt h r evsrslghi
? un ? m t- be "-nt ?
?. 1 i
... itreet, und vwil i? ?tekaowMfif,
SAYS BAKERIES ARE DIRTY
Fosdick Causes Stir at Factory
Investigators' Meeting.
MENACE TO HEALTH. HE ADDS
Columbia and City College Pro?
fessors Heard on Fresh Air
and Proper Temperature.
RaygSOnd H Fo-dle?-.. ?"ommisstnner of
.'.-.-?.ants, created g HSgSattOn at th?? hear
Ing of lbs V-l Lgner?8mltb ?Tmctory investi
gatlon Commission, in th.- City Hall yester?
day, when h" Bald lb; ' out of 145 bak-r'e.'
on th.? Cast and \\>?t .?ides of the city.
Which ?ere inspected bv men of his staff
i rbruaiTi all bul ten of th?m were in
auch ,i i- ndition of iiith aa to constitute
a serious menees to the p?>bllc health. Tl e
Commissioner sad that he? was convinced
that no Sdequate .?tan'lard of sanitary in?
spection ha?i been r"1 -n,? ,v"v''? ''-?' *llft
?Department of Health.
"The ?Board Of Health." said Mr. Fo?
dtck, "Should at ..nee adopt B standard of
sanitary rauhretnents. It ?J?*?-*?' ?"""t nf,,>''
any more law than It has. I think ten m??n.
If they would work and were In earnest
Shout it. couM handle the situation per
f.cth- and Ke?-p th? bakers, up to the stand?
ar.!."
Mr FosdlCk, In ?Jeecrtbing mm* of the
lil-rj., bjg men had visited, said *lutt In
s. vente.11 esSSS they were filthy to the
point of oauseation. in a third of them an??
mala were found, and with the e.iceptlo'i
Of three or four, all the bakeries were In
cellars. The personal appearance of the
worker? was most und? .?ni.'", according to
the Commissioner.
.\?ked ?srhat Ids conel;sion? were as th"
result or his InspetHtoa, Mr. Fosdick said
that ho bstlered there was practically no
Ir.spection at all. and that both the health
and labor laws were being violated. Fe
-?SUSe of rt technicality in th? state laws,
he ,aid. f!ie Department <.f Realth had
turned Offer the Inspection of these bakeries
t. the Btal I i ?epartm?nt, and the
latt-r department did rot have enough men
to do the work.
After Mr Fosdick had stepped Horrn from
ths wit:.??'? chair, Professor S?ager, of the
polltteal econontl. ?Iepartntent of Columbia
1 'nlverstty. took up the problem of -
p'r In th* manufacturing plants. ?Hs said
that, as vie?.chairman of the Stale I"m
r lover*' I.lability Commission, he had un?
usual opportunities to study the ventilation
and freak air problem in Industrial plants,
at he found conditions far from satis
faetaty throughout ths ?Jtsvte. The pre
'. aiiinK number of ?i.-k employe? engaged
In factories Is principally due, t>?e witness
said. t. the lack of fresh elr in workshops.
He ?tnc t'- ?sdffOCated license? and regls
B of all plants engaged In th? band?
I ling ann manufacturing of foodstuffs
i itofessor tVlnnloff/, of the Coilsgs of ths
?City Of New York, took the witness <?-i:.1
'and aald bs believed that, fresh air :in I
prone- temperature in faetoriea were of
| more Importance than the regulating of
cubic ?pace, He gdvocated the Stato Bu
r'au Of Labor engaging a board of experts
could P' Inl OUt the defocte in fnr
t,,r\- contritions snd sugg? -? ?i"1 remedy.
RAIDS BAKERIES IN KINGS
I.oderle Finds Forty in Unsani?
tary Condition.
Health CtMnmlaslener LsdOTlS made ?aids
?n bakeshops in Rrooklyn from midnight
until 6 :30 o'clock yesterday morning. The
? 'ommlssioner was r.ccompanied by half a
d ossn Inspectors of the department, and
: bout forty bakerle.. were visited. There
was complete surprise at every place, as
the Commissioner's trip was unexpected.
The Health ?"ommlssioner sai?! the In? j
?pe.'Mon trip had been decided on because
h? wanted to se? the conditions prevailing
In the Rrooklyn bakeshops. What h? fo'ind
In the forty or mop? ?Will Cgng* mOSt Of
thai dumber to be rioted grttl In ? taw
Dr. l/Cderle
"There WOTS BUSneroua unsanitary viola
tlooa In many of the baBMrlsg visite!," .-ill
tl o Health ?*..mm!??loner.
When i>sked If there were animals in the ?
reliar ?bakeahope, hs said hs had fotntd none
on his eeriy moraing fount, but some of the
bread p.-m? WOTS In a reprehensible rendi?
tion.
?Wlthoul trlvini? any indb-ation <>f his visit,
the Health <'ommissloner ?if "ti'lel on the
Brooklyn shops. Many violation? had l*een
found in ths last week In New York, and in
the laa.are thousand or more com?
plain?? aboul bakeshops were look?*.! in?o,
tiip ?Commissioner
? ?f t: .. thirty or m?ie bakerws recently
ottered elosed in Manhattan by the fom
mleeioner the principal senltary violations'
d t.. do Wi'h the . onditior; of the bakery '.
itena la sa well si the plumbing fadlltisa
ARMY AND NAVY ORDERS.
Tribune Bureau.1
VTsshington, November IS,
ORDERS lJJ! SO Th<? foil?.win), order?
ABBTl
fa -? .t.-e aenoola
? *?." . course iri
tactics, tbenc? to proper station: (?Oto??is
JOHN I* ? llAMBKm-AIN. wapector gen
? I ? . BTBPHBN M ?TO?TE, roast ar- I
n nu colonel ??m \u
Hi SDY, 11th ' ors BKN
i llfl i| !* . ATKINS ?N ?? rnfaptry; ?
rilOMAS ? DC?. ..** itli Cavalry: JOHN B
M'UONAI.D. !?'.". , .vair? , .\..m?>N I.
)? VRMBNTF.R. LU?'. Il v ii.u \M I
M IRTIN, .'I ii.fn itry; :>K ROSE Y ?'
CAUEL1-. 11th Cavalry; HARRY R LBl
tnd ADRIAN H h'I. ! : MIN"? ;
Ith Fl? i Artillery.
Captain EJDWAD s WALTON, 1!?th Inr
??? - ? ? ? i. ? .t ] i.
; tain At-KXAKl ?KR E
H ll.f.lAM ?. irtertn i ? , liKh
' ?i tali s wit r.i, m p ci niERFORD ?th
Ckvelry, ??tailed in ?ul l?ten? ? .i parti
I
MAHD IN ASHFORD,
mad ?n leave of a
? I For! I? \ ?? ; Firs? LI? i
THOMA8 .i LE ?RT, medical 11 n
?*.';.'.? .,. | '
''>''-' i.-> ???? Wl \\ I'.i.lAM .- SHIELDS,
to Colin ks. vice
First Lieut? nan) BRNEH i' F. KLATER
rtttt \ ? '???n>* ,,, Kurt Bt. I'hlirp;
Fli -' !.-? ?o. i anl ROZIEXR ?'. U.vi lA . m it
..; i ?.;???
i ??' i ? t?n ml ii[?>M.\s If. l"OLKT, medl
....
' ty. to 1 ?ri M Int, ? plain LUCI?fl f..
H? ?FVi ? .??1?, : ? from Fort M
? ??. t.. geni ral ! o pit il, Presl
?
i THOM ? u BROWN. *2Tlb
it tant) ?. it.>?i. ?
i.r M
tier.
!'. M UiM
LEI thre< pin,.?i?, fron ! ?
'? First Ui -i?, nant JOHM i I
t \ ? -' - ? ion ths, from
-
IIBNNIN(I . ? col.
.m ai in i
N a \ ^
A .,? )VE ,|, ? i had the f'-'Uware,
N'o? ember -
f'ap'sln .1 l(.???n .l.-.irt?.| th.? RJiode Island.
November 1? ?., - mrnand the r?et.-n\are
I) II. ]' JON ? i.-l'-.l the Tenn??
\o',,.|n),rr ?so; ?. commend the Rhode
MM*.
- - J, M llOO\ ER,
i w .Th*u Kt.i. retisaation a.-,->|.??.i
' M LYNCH, di tached II ?
?aeval ?Sespttel, Ne? I
KOTElfENTfl OF ?FARfRIPf Thafol?
louring inorementi of ra - la p?9rtsd
'' pel tun nt
\ltl:l\ BO
IfacDoi ? ???i. si N- ?arp?n
?N" ' -fian. SI Hhsn?hit, frit- -
Ihi Brutus, at N
u : ?? ?? . lb? N'yrtii ''nr
M ?????i-, ai Wdiiti -
??
tIU D
tl in from ? K m
: ' ,,' ',, ? "?'''. trow Boston fur em!??.
'" ?*'''?? Uns, ti?.?)i Cristol.
' ? ' tab, i.i i .i y ,.,,i t, .\>w ton, tot
...-'i???, fron na* i ?-u> I
? ? phi?; th? \ i
' ??'' " ' M ? inland.
for Shan?
?? I'.il for '
? ?I , id.. Sanahan, fro
M
)? Ibal i "i v-.tu m?
mander in rhl? f, talati? r?-ei t?m
?
Ul In , lit?f I
r?u.-utu b?u?al.*!. CU114S. I
[WOULD ENJOIN GRANGERS
?Member Ordered Expelled Gets
Grievance Before Court.
BIG QUESTIONS INVOLVED
Case Grows Out of G. P. Hamp?
ton's Controversy with Ex
Governor Bachelder.
Th-* Orangers throughout tbe countr?
are Interested and agitated over the out?
come of a proceeding that will be hear?l
In the BapieMM Court to-dav to enjoin the
?"larksvllle Orange, N?>. HI, New York,
from expelling Q?sergS F. Hampton as a
member. The Importance of this proceed?
ing (,? the aprlculturlnt") forming l he va
rhius cranur'fl snd also the National Granpe
Is th.it upon its outi-omo may d?r>en?l th?
settlement of the political questions to corns
hefore the nstlonal contention In ?'olum
liiis. Ohio, next week.
Ther? are two politic?! elements In the
National Grange, the progressives and tbg
?Stand-patterO, The first clement st? a?l
vocates of the initiative, referendum an<1 ,
recall, and also f? vor reciprocity with ?'an- |
ada, whll" the stand-patters are opposed :
to all these things. Hampton, who Is j
asking for the Injunction against the
Clarksvllh? grange. Is secretary of the j
I'onferen?'? "f Pro?ires<-I'.o State (?ranxos. |
an organization within the National j
?'?ranne, and in which six states are repr?- '
sented, making a membership of ahout
twe hundred thousand, according to Hamp- 1
ton, or half of the membership of the |
National flriins?'. Hampton says that the
purpose of the stand-patters Is to prevent
him from taking any fart In the national I
convention In ?'olumbus.
The trouble began when Hampton, w bo
Boot at No. 2 West Mist street, wrote an J
opep letter attacking Nahum Joslah Bach
?elder, former Governor of New Hampshire. ,
national master of the Patrons of Hus j
haiidr?', as th? ?'.rangers are officially j
known. Hampton saM In th's letter, which
be had published In "The Michigan Patriot," I
that the executive committee of the na?
tional organization had entered Into a con?
tract with the concern wholly or partly
controlled by Mr. Bachelder. which con- j
trac? called for the expenditure of ?*50.0C?V
and made It an obtigattoa upon the n?, \
tlonal body. Hampton also crltlvlsed gen- |
I eral 1 y the management <?f the affairs of
the National Grange.
The friends of former 'lovernor Bachel?
der came to his support and resented what
they called the "false and malicious'
statements of Hampton, charging malfea?
1 anee In Um ?".raupe ?harpes were tiled
I against Hampton by B. O. Secor. at th? re*
? quest of the National Orange and the New
?York State Orange. Th-SSS < harge? wer?
fled with th?> defendants, the ClarkSVflle
drang-*. Hampton pleaded -"Justification and
pom? *on.?X??> words of testimony were taken
at his trial one of his witnesses was Sen
:ii"r Otwdtah 'Gardiner, of Maine. Tho de?
cision was In tsvor of Hampton.
Put ?Secor appealed from this decision ex?
culpating Hampton, the appeal going to ?the
executive committee of th? gtats Grange.
The latter hodv ordered the fitste Grans?
to find that Hampton was guilty. H
THE PRUDENT INVESTOR
does not risk his principal In specs?
latlve enterprises bat seeks sn Invest?
ment wh ch is unquestionably safe.
No Investment is more proritatl?,
| in the long run, than our Guaranteed
Mortgages.
You can put out, at any time, any
i amount from $200 up with the pro
| tection of our guarantee.
No investor has ever lost a dollar
?o^-^OKTaA&E (?UAlUVlfTEE (^
Capital a Surplus' . ?K.ooo.ono
176 B-wn y. s. T. 175 gems-m St., Bid--?.
_350 Fulton .St.. Jamale-.
tak?s ex<*#ptlon in this rullnr. ?aylrg thai
In a caso of the kind the complainant ha?|
no recourse t?> appeal, as It placed the mm
under charge? In jeopardy for the
time, and besides that the ?tsaeutlvg com.
mlttee hail only the pogg?r to order s ne<v
triai ?nd not the ?summery ?Jtsmk
the man under charges.
Baavptsn gags 1n his pet'tIon, on whl-?H
ho obtained in tho Supremo Court vaster.
?lav an order that th; i'larksv!!!? ?ir.nfs
?bOW cau.se why It should not !?? enjoined
from ?xpel!lng him, that big ?zpolatos w? i
cause him to lose his j- ? ? -t-y ,-,??
the ?'or.ference of Prog em hhtt?
Grange? and the ?salary that g?Ogg wph
that job. and ?gigs ho will lose g\\ the be-,
?SfltS that he would enj?iy from his pre?.
SneS at the national convrntlon Mr.
Bee ?beider ha-? declared that Hampton ?a?,
a "profes-lonal promoter," which '?- ?o*-?
not den?..
- m ? -
GETS HIS INCOME INCREASED
J. A. Ghaloner's Share from Estate
Now $17.000 a Year.
John Armstrong i'haloner obtained p*r
mission from .Justice Blschoff yesterday t->
re.-eive an additional |20?X? a year from the
(hanler estate, which makes his Income
from that, source ?17,?X<? a year. ChSl?S?r
has noade his home In Virginia elt.ee >?-,
was declared Incompetent In New fork
i"tate. sod th? appll'atlom for the In?
creased allowance was mad?i through
Thorn*? T. Sherman, who Is the commit'.-?-.,
"f the person and property of Chalorer.
The ?reeeon ?? f?*<rth for the requeu
for the additional allowance was th?*.
Phalor.er ne-wled the money ?for the In
nrovement and upkeep of his farm at Cob?
ham. Va., and also for travelling expenses
Two pliysldans have advised fhalon?"
that 1t wo?ild benefit 'rim to he away fioet
his farm at least naif of each month.
Dr. lyon'$
PERFECT
Tooth Powder
\ Used by people of refine
i ment in every part of the
world where the use of the
tooth-brush is known, for
Almost Half a Century.
A Day "For Remembrance^
Just Fifteen Years Ago
The John Wanamaker Store
Came to New York
i
With thirty-five years of learning how to keep store
hack of us, we came to this city ?at the time of its con?
solidation into Greater Xew York.
It was the beginning of "greater things" in business.
In these fifteen years the city's population has more
than -doubled. Nearly all of the great sky-scraping
office and business and apartment buildings have been
erected. The Manhattan and Queensboro bridges have
reached over to Brooklyn, and with the great subways
and the tunnels under the rivers, and the electrified
suburban traffic,- have brought ten millions of people
into one great community.
No Lusitanias or Mauretanias or ( )lympics were dock?
ing in our harbor ?even ten years ago.
Xo aeroplanes were soaring over the city and circling
around our high buildings. \o wireless was zig-zagging
through the air saving ships and expanding commerce.
In these fifteen years New York has actually made
itself over into a city that is now the greatest city in all
the world.
Has This Store Kept Pace With
These Great Advances?
Will Xew York kindly use its ten million eyes to see
for itself i
llore is the new Wanamaker building, which the fast
growing business demanded and which gives us a store
tripling the original A. T. Stewart equipment.
Here are stocks of merchandise and business facilities
within these great buildings which were never dreamed
of in A. T. Stewart's day.
The story perhaps has ?never ?been ?told, but it is a fact,
that two months after ?lohn Wanamaker took over this
business in New Von it waa put on a profit-making
basis.
Today it is the largest of its kind in \ow York Citv,
and the month just closed ?showed the largest volume
of sales and the largest increase in the history of the
business.
Upon Opening the ?Store November 16,
J896, We Said:
'This is not to be ? Department Store,' but an
aggregation of stores, each complete of its kind?
an evolution of the ideas that made in its day the
store of A. T. Stewart the model retail store of the
world."
This original promise lias been rigorously kept nri't
faithfully ?dfeveloped? for
Here Are the Great Specialty Stores of New York
All Assembled in One Convenient Place- In
the Very Heart of Greater New York
Without losing the personal sen ice and individuality
of each, together these Specialty Stores iorm a co?
operative merchandise power that, ?we bdievc, is without
?parallel.
John Wanamaker
Broadway, Fourth Avenue, Eighth to Tenth Streets