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T?Y iS CHECKS ON DIX appointment: Senate Conference and Finano Committee to Pass on Gov? ernor's Nominees. RICH PATRONAGE IS OPEf Bissell, of Buffalo, May Be Nev State Chairman?Primary Law Amendment Considerco _. lpt1 t?. Tl.. 1 ! ti J . Albany, Jan lb. while Governor W: was deciding to-nlghi sboul hlsdlstrlbu lion of f?'i patronage to-morrow and ii H,., ensuing few weeks, the Tamman control In the Democratic Senate wa O/orking OUI a Plan by which that <ir ganlsatton will in- able i<. hold a clul over tha Governor if at any time hi trisn 1?. balk Boss Murphy's plans. Th- <o.v , rnor has to appoint a Health < true?'. f,?- ,be Port of n>w Torn, two Publl? Borvice Commlsslonere, ? Buperlntenden of Insurance and other olBclala ?fltl good salaries and political potent ialil i?'S But th.- Senate has to confirm them. Immediately after the cession of the Senat.- to-daj a ? onferew s o?" the i >emo crgtk Senators was announced by s.-u at or Wagner, temporary President When i' '.livened be suggested that t. promote harmony of action it would hi desirable to have all future appointment! passed on DJ ih?' conference before th? Finance Committee h< ted on them. Tin; would prevent an;- friction, lit- argued v.ci.: ins .:. each dletrlct getting prop.-i conalderatlon am! generally would brlni about peace and prosperity. Much dis cuaaion ensued, and ilnnlly the plan wa sdonted. Giv-?; Tammany Two Chances. ?? matter of fact, ttiis gives Tarn many two chances t<? hold up appoint incuts or tore- the "right" kind, rathei than ..i.' chame at th.- Governor. Tarn man] domin?t.:-! i h.- conference and is it control of the 'inaine Committee. Ail Indications point t<> the fact thai the Legislature is t.. be used by both llcsl parties as a battlefield this year. Murphy and Tammany i-.st th.- Assem? bly, which fell inte the hands of tie- Re publican? Hut th-- Tammany control of the Senat? still is a great asset for Mur? phy, both in a positive s-ense?the strengthening of his position through patronage ami prestige?and in a les* positiva fashion, through the power it gives him to attack Republicans and check Republican legislation. Murphy and his aids he-re have not overlooked that In any degree They have not forgotten the fact that the (?overnoi's drooping political ambitions ar? reviving, and that for his reputa? tion'?? sake he will try to make a few grandstand plays indicating a break with Tammany. This would not dis? please Murphy if he knew Just how fat 1 >ix was likely to go, but he never ha? been able to be positive what the ?lov ??rnor would do at any given moment so he is providing a few checks anc! balances which will Keep the Dix waver ings within definite limits and will per mit him to muke grandstand playa onh of a character which will not hurt Tarn many. Mack Consults with Dix. Also, Murphy wants to keep close tab, on Governor Dix right now because o the selection of a new Democratic stat chairman. Norman E. Mack, the lies ent chairman, had a long confereno with the Governor to-day. He cam here fresh from a talk with Murphy i) New York on patronage ami state com mlttee affairs. He told the Governor thai his one am. (only candidate t,.r th.- state chairman? ship teas Herbert P. Bissell, of i'uffai.. vho also has had a notion that lie wouh, like to be appointed Public Serene Com mis-si?.her for the upstate district Bis? sell, the Governor said t..-.lav. ha?! not made up Ins mu,.! whether be wantec, th- si:..?hni j0t, ,?,,;,. ,nan tht. tonos Ul being state ?haitman. Th.- Governor'i tone, taken wiih Mr. Mack's earnest ad ve se*, of Bissell, makes th.- p.,inician.? here tigur. tha ghty likely t.. b. ihe next chairman. The Govern i It expe? ted t.- send .b? nam?-s of his appoint?es t?. the Senate to? morrow, ib- bad t.. entertain a delega? tion from ih.- Brooklyn trans?! con? fen ii- ?- tod?: regardini ssor to William McCarroll m the 1st District commission. Th. d?l?gation urged him to appoint some man ..f th.. type -.?' Dai ..i *-. Bood*. or Arthur < i'Keeffe Late r a ?a' .,.-; called ami urged th? merits of John H. McCooey and Bird S Color. Herman A. Mets ..is?, la a candi? (.al. Drect Primary Also Discussed. Th? I " mo? ralle i onf? ren < dii amendments ;.. the direct primary law at great length. Several sug^ lnatl'- i..- lin? m..r.- radical Democrats wet? adopted in Ihe tentative pro? gratan* ? i i '? to meet the decision of Justic- Hijur by applying the law for - . Kan Fork ? 'ity as ?well ai Um reel of the state, and by pel mttting the name of a candidate to ap? pear moi than on ?? on the primary ball..i \., declaim wat rea? hed regarding lo? use ol th.- party emblem la the primary fight, which Justice Bijur ... lared was nneonatitutlonsl. Thor.- u ;n p.- futurs conferon - ..n tins legislation, as it is the Intention .>f l>em<-< rats to sure all th-- defects in the existing law. even if it -s not altered in s<h>r>!. ??; (tended m ;:s acope Kven that is unlikely t.. prove acceptable to the Republican Assembly, so there is a ptgrq ?-. t o* a lively light in both I and between the two houses <>n this mat? ter, which m ems t.. be regarded possibility of gaining partisan advantage rather than in an) other light ? DEATH PENALTY INQUIRY Albany*; Ian, M a mark?.! -?irreren.-?- of opinion ? -lusts among legislators as to the advisability of abolishing 'lu .bat h ?..-nal' In this ?t?te. As a result, a movement I? on foot lookb a to ihe appcii.tmen?. of a < omrnissioii to Invest?gala the siil.j,-. t I, la prop .sed to have the commission \l-it ?tates wl.tre capital punUhment hun l*e.i aboli-:.?.1 and a-orrtuin the effe ! 'J'l.e ?lela.v In atin?is; th.- app-als of con ?lemneil < OiivlcU is another raatlei tliat in?) be '?rcught ?> the attention of the Legislature ruder the press?t 'aw an ai peal a? 11 as a stay, snd In some lust anc .*. th?- cans ar?- not, argued for over two .\eais Th? d.-lav In arguing the appeal of Albeit Woller was -ilt'.clsed re.-eiitly by t, e ( oi;i l of App. . It h..:? been suggested l'uat apiK-als or tnurdvi-cis be wad?, preferred tuses. BARNES NEED NOT TESTIF Court of Appeals Upholds Del anee of Senate Committee. Albany, -)an. 1* William Barn??, chairman <>f th.- Republican ?State Comm - lin?=-.l to-nlaht to comment cm th? ? ? : s :.. 11 ??i Um Court of Appeala holding t'1 lie WM within IiIh right* in refusli I ' demand ff tin? Senate i *f .rn ruit t ? ? whh'h * .-eatlgated Albany city and county ?^?ll that he ai ? ; ?lal? qtieatloni con? el nl hut acquisition <>f ? quarter Internal la I itock <?f tli- .1. B. ! >> 1.11 Company, and in be produce the hook* of "The Albai Journal" Coinpnny <?i which hi !? pr? ?lent. ah of m. .s.v. h Judgea agr< ?? thai B< I of the ?i\ll cuilc, un,i.i which i contempt proce?dlnga were rnetltutcd conatltutlonal. Judge? Werner, Gray, ''? ii-,. chas?- and Hlecoch hold, however, '.?i the demande of tli?- ??.nimitt.e w?tre " legal ??i ?pertinent. Chief Judge Cullen ai Bartlett diesen! from that iriaw Judge \\'iii.i'. in hi? opinion, saya: opinion were written, by Chi? - nil- n ami Judge? Gray. w ernor ai Bartlett. if there wai anything Illegal ot moral rulpabl? In it ?? transaction! ?between ti J, i. Lyon Conn????>? or "The Albany Jou i ar' Company ami the county oi cltj o (le?ala ?n departments, it would ?i??t bi moi mi because the respondent had receive stock a! a gift, and it would not l" lei ?jo if be had paid full value for II Judgi r..nii.-it sa>s: in vien ??f ills proved position and i"'1; ? i? political i? aij.-i ??f tii*- party i power in Air ?ml In view .?f ihe ill??'? favoritism shown by the public official toward the J B. Lyon Company, mlpht n? ll>o commute! ? i-i.mi light ii to the new? ?Ity of remedial legislation In the premlai by ascertaining t i. precise olrcumotanc? under which Mr. Barnri a? - Mock 1 think m t'hlff Ju.iejr Cullen polnti oui thai Hi testimony relating lo "Tin Albany Jtui nal'a" dealing! with the dty came from newspaper of oppotlte political f.iltl Though the committee ma* think tl dence is clear he My*, th objeel of the In veatixation la that Ihe Legiala! ire may ncl i le .?.ills: It may ho '.hat some member! of thr tw II..ii-. s ?-?il not .i.-.iit Hi- evldenci ?-f pollt opponents, bin deem their ?tatemen! i'-'iiti i| ala rhereforo, plain!). t! committee ha.l the righl lo dlacover fror the book! ?f "The Journal" Itself whethe the payment! referred t?? had In fad Ixiei nad< N. Y. FARMERS PROSPEF Advancing Property Values anc High Prices Cheer Them. v any, Jan. M "The average New Yorl state farmer in loi.' is more proaperoue nore progressive ami more hopeful that hla predecessor for many .".cars " Buch w.i Ihe ?ie laratlon made lure to-da* bj ? ?i? nt it. A. Pearaon at the seventy-second annual me.-ting of the N. w York St at. Agricultural Society, The general subject diacuaaed at th?' meeting was "Coata an?i pricea ??f farm producta and how t.. Iv Ins about closei trade relatlona betw?aan pro? diners and consumers." Mr. Pearaon aald There iigv?- been advaneea In prici celved by farmers for their pi.??! icti f?ill\ rollected data ahou thai In aom? lari;> s. .turns Of the Btatl II mill] ;.- On? third <?i the farms are being operat?fd un tably. \'et, generally, In sm* othei aejctlona of th. stai.- ami more or lesa tr> ? quentl) In all agricultural sections, striking ezanplea of farming that Is ilnanclall* cessful ma) be foun?i During the ia>t tei years the value ??f Implement? and ma chlnery on Neu v??rk State farma In tu..'' per ?cut t?> a tow value of $*? The value of domestic animals, poult i bees Increased tt.l pet cent to a '??tal ol I tm.om,ow l>-nt it ?be thought that agricultural prlcei i have taken a permanently high level, lei I me remind you thai In the ??..?? |'?n f,.rm era In New York Htat?- .-??m Ian tlea ?if rot.iti.'-s at H ?.nt.?- a bushel, >-ne> i ?it 17 enta a dosen and milk ai 2 cei quart During Ihe last ?it-?-ade th. I pfSiulatlon of New Yui k Slat I nix-tenths of 1 per cent, but In thirty ! ?-even of the ?dxiy-one counties li ahowed -i ? - ,i>i) ? . ii.?. '. he !"??? ? centage ol wai 17.*, I county In the ? ? ? ;..-..-> nor Dla joint m? etlng ?>f ihe Agrl? wit ira! I with the New V.-i k ?State ti ? '??elation, the New fork Bl - ounl) agricultural - Union Ai ? holding inn tal meeting? The afternoon session of the Agrl? uttursl Bo. lety waa product!?. i III! betwei Senator Bugen? M Travis, ol Brooklyn, und Mayor Samuel ?Lewi? Shank of Indian? Mi Travla r*Tltlciaed ti.? for having in.lte?! f end consumers t<? tlml fault with middle? men without asking any middlemen loc?me forward to defend their side of Ihe queatlon - found t.mit with some of I th? figure! presented i?y railroad extperta t< ihow that the middlemen made ? n??? * I profits. Mr shank faced the Senatoi and ...?. it na-. thai "in Indianapolis, with po tatoes telling at ti lt. a buahel, a cheap little Mayor like me could buy them In rar? load loti and ?li them for M cents, and that after a white tli?- mkMlemnn could also .-.li them f..r W ''iits'.'" u<- asked question? concerni?? price? <?f grapea. 1- ? l. : . ? ? and then bol h laughingly sat down. BAY STATE BALLOT URGED Saxe Offers It as Substitute for Levy Election Law. ? ?arapl ??? 1 M ban y, Jan i?. with aome changes, B< n ator Sax.? to-day Introduced his Massachu aetta hallo! bill of last year. It ahollshcs Htralghl voting excepl for Presidential elei ? tora Thi principal change from th? bill of i laM yeai is that In grouping the namea of lu..- candidates Ihty ar<- i.? t.? us the boar?ls of ele? tlon direct Initead of In alpha!.. Hi al order. Preference Is to be given i?. candidates whose party casi th. high?.-! number <?f votea f?>r Oovernof al the last .-!??-thm in apeaking <?f the bill ?Senator Sax? ajuoti <1 from Ihe Governor*! messagi of 1*11 "recommending g change in the ballot which ! would i-, i m? th.- name of any candldste to ?n only one plac? on the ballot, ?Senatoi McManua ar.?i Asaemblyman M - ?Murray Introduced a "Death Avenue" bill j similar lu the Eleventh avenue hill <?( last year, with the exception thai it la modified to meel objectlona made by the courts, A bill i?.- Assemblyman Crawford, of New fork, would authorise the eppotntmenl aa an official referee <?f any former Judge of Hie > 'ourt of Common Pleas or just!..- ?if the Supreme ?'ouit who shall have Borved h for eight years In the 1st Judicial Dlatrlct und who has retired before the ex? piratlon of his term because h? had ?arrived ai the ape of Seventy .?.cat?. The exempting fron all taxation <?f all hospital** maintained for pulmonary tu biiiiiiosis by citiea outside of corporate limits !.. provldoi m a hill introilu'ed hy Senator Ratoaspergcr, c.f HufTul??. ; To m? ?t dllBcultlea which have been fourni in putting Into effect the Inaurance agents' ,.i .i brokers' license law of last yeai it?.) T l?. Buliivan and Assemblyman I'ross, ?f oneida, Introduced a t.iii which would permit auch axents ?>r brokers In conduct their business in ??itin?-ctlon with a i?-ai saints twenty ur n-ai estate brokei?ge ! bualm -a WRIGHTS" SUIT DISMISSED Aviators Fail to Recover $15,000 from the Aero Corporation. Juetlce Ihuiiel I-' Cohalan. ?f the Bu i?i?-me i'ourt. dismissed ) asti I day the suit \\\:{,]\ Wttbejr and drville \\'right hrought i.Rainst i!.- Aere ?orpcratlon, l-imiied. to leeover I15.0O0 for alleged breacli of con? tra? i The plaintiff!* l-aeslve?i 110,000 for aup lilylnK gvlatora and aeroplanes for the Be I mont t'Mih avintion meetini; in i:?io and had a Contract wlii. h they said ?in? filled them llj.fJiiu moic ir<?in the receipt? ,of the exbibitlyu. -ANGRY WORDS IN SENATE Wagner Attacks Brackett tor Criticism of Dix. ! GOVERNOR FILLS PLACES Three of His Original Appointees Have Quit, Saratoga Senator Pointed Out. i iph i,, ti ? Trll tlbany, Jan, IS, Diacussion <ir Governor i?ix and desertions from ids official family in the Senats to-day led t" senator Wag? ner attacking genatoi Brackett, the R - publican leader "Senator Hr.. It? it has made absolute representations in the Ben ? aald Sciint.it- Wagner, who had come to ths di fi nee 1 f Governor l ?is Lau r, he said, pointing his finger al Brackett: You should consult the truth, anyhow, if you don't want to associate with It." The controversy a osa ..v-r nominations made by the Governor. He had sent to the Benate th.- names <.f Duncan W Peck, of Syracuse, to succeed Charles B. Treman a I i rlntendenl <.f Public Works, and Calvin .1 Huson '.? succeed Raymond A. Pearson ss Comml lonei of Agriculture. Senator Walters ask?-.! that Mr Peck, a farmer legislator, be confirmed immedi? ately. Si i ator Bracket! made no objet - tlon. bUI Called attention to lli<- fact thai Mr. Treman was the third of ths Gov? ernor's advisers !.. quit ths fob, and Indi? cated that the Governor must be einhar rassed thereat, and the only reason which could be sserltMd was politics Senator liurtaugh said Mr, Treman ?..t out for ?al reasons only, snd read s lettei from him saying bo Brackett Tells His Suspicions. "Well, so much hsa been said over what l- purely trivial that i am suspicioui torted Benstor Bracket! M<- said the els - tlon of a Dem<x*ratlc administration s year ago spread consternation over the state m i It h p. roelv? .1 "the ? law of the Tiger" ..tul "the alii.m the perpent" ?n the t*ap! tol Th?- "extremely well intentioned Gov? ernor" relieved thin apprehension a little by appointing Thomas Moll Osborne, Will lam Church Oaborn and Mr. Treman In li *? onlclal i iiniiy, bul Th.-mas Mot I Osborne quit and William Church Oaborn quit. "And now tin- Ih-t Influence on whlcl the i. lie?i in Imii tinn against Ti ? i prone." cried B? n ator Brack? ti n< rx - id to, ause he n ? r,*? ?) to -... " Senat?.r 1 '? ? I - . . \1 rtSUgh In eulogising Mr Tremsn. Behator New tin?? i ? ' ? Democrats ? i | 111 a ; they ?. . live a f I ? r losing ths "issemblj thai ? a hopeful >ik<i for the -tai-- Benator V'agnei a aerted t .it the Dem?crata lost lh< ?ssem bly because of i lie "t ilsi epi - 111 on i of t hi i '. ? i " 11 '? ' Fills Several Other Places. The i lov? i ? ? nt i?, tin Bens nomination ol >,, rg? m 'snvrln, ?.f Brookl) n. .. i port wardei if New Toi k, . .. .1 l !? m ?i \ppii !?-.. w hoae term r ? ? Tile of Blnghamton, a.? president of - i 'ommlssion In I. ? Reel, of Kingston, aa fi ndent of His'i .iii.I i ;. .ir?-- \\ Drlscoll, of 8) i .i - ?. , ? \?. ? motion The nomina M r. k and Ja si rln w ,-i .? med ..lid the nt. ? fit...nee i '..nimiit- ? Mi ? Ianvnu is t hs All ai. ndenl for ' The Brookl) n Cltlsen i alvin J waa ?...i n In Yates* Me ?s .- farm? r?lawyer, owning farm n? Van and -.. (.f At- ? :.?I Carmod) Mi Huson ? ml i> ?SO, and was D? uy State < nntrollei In ? Btate Berkahlre Bret - la the state ..t the A m.-ri' i ? -? and ma l? i ol Pomona Orange of fates County. ? . ? ROOSEVELT AND U. S. STEEL 'Pipe Dreams,"' He Says of Re? port of Corporation Backing. ? I will BOl ill Indianapolis or Ise." said Th???? dors Roosevelt al ' Ths < hitlok" oflli i I. t.:.. \. vv i.. i Ion vv as called t.. .. Washington stoi ? pi Inted I the I'mt. .1 Btatei .-;. e| < orporation a I the m?v. lo bring un ..ut sa a Presiden? tial . andldati again 11? sdd? ii Th? r? aie depth "i lomfoolei \ s h ? I annol solve." Mr. Re** evelt wsi I an) . ..iiimciit t.. make ..a ih- ?i.-, islon of th? i niiiii state- s .pi. u.-- i-.niit upholding the employers' liability laa snd overruling ths attitude t.ikeii by Governor Baldwin of . 'onnectli ul a hen on t; a ben< h t hei i i think it h no) n? essary for m. t.. sa] am thing s bou t ' Ihe ? olonel In ;. wsy that brought lo mind ihe contra thai he had with Go I iw^n on i hat v? rj ibjecl Ti.?- testimony ol Andrew Carnegis before th.- sie. I trust investigating eommlttes vca-i something that Mr. Roosevelt would not dis? u>;. Neither would hs comment ?in the Btorlas In regard to th? relations beti President Taft snd Secretar) Hitchcock ?if ths Post?me? i lepai tm< at, aa Indlcau Mr. Hitchcock's premature announcement that he vv..ii!?i recommend governimmt own? ership of telegrapl II Mi. ltoosev.it declined an Invitation to apeak at ihe Un? oln Day dlnn? r ol Ihe Lincoln Club, of Philadelphia 'in u p. h?, who Journ? ed from ths Q laker City - his acceptant <? Mr. Rooseveli s.u.I he could not talk on Lincoln without la Ik mc politics, and that at present he ?a-? not talking polittt i ? TAFT DELEGATES NAMED Nebraska League Chooses Victor Rose water for National Committee. Lincoln, Neb., .ian. 11?Members of ths Nebraska League, formed for the pi of pledging " delegation lo th.- Republican National Convention to the renomlnatlon of Preeldenl Taft, met hers Ja.-t nlsjbl and sele? t.-.. a complete ticket to ?o on th?? primary twllol t?> be voted for on AprM I Tha coveted places were loose <.f |ba four deiegates-at-targe and the selwttona wars made*wlthout friction. Governor Aldrlt h, who la anxious to ko a? a delegat? t-. Ih? Chicase convention, was i.ot cht Tin- ticket i- is follows: i..? National Committeeman victor iter, ..i i Imana. Por Delegates-at-Large A. w Pi. id, of Liiic.ilii; J L. W? i : tor, ol Omaha. It. It (Schneider, of Fremont., and K B. Perry, or Cambri ? i a Mt.ii. in-. Ins ol th. followers of Sana? tor La Voilette to select an oppoetng ticket Will he held lere :<< a Lit ? 1 date m INDORSES LA FOLLETTE North Dakota Progressive League Also Praises Roosevelt. r-vrK'. n i'. -ian. It, Senate. Rotx it If. La I'nll. tie was indorm.l Pir the prcsi dentlaJ nomination by the North i>uk..tt? Prugreaalvc Republican Leagu? here, Us-day. The H?-nni..i hii.i former Presiden) Roose? veli were lau.led by Ihe delegate*1 Jam? s L. Robinson was Indorsed foi <>ov ?tii..- and 'v- longraaamaa Tin.mad Mgr? tl.all for .iaiion.il ? ummltl??? m.in. ID? 111 YALE "PROM" Thousand Couples Dance in Armory at New Haven. A GAY. BRILLIANT AFFAIR Homer E. Sawyer, of New York, Leads with Miss Helen Gurley, of Chicago. tit* ll.?\en. Jan. It', (8pe? ?ah Fully a thousand couples < TOWded ?I lie floor of the 2d RegHnenl Armory to-night and ?San?se] the forty numbers of the Junior I'rome i Sdl which ?frowned th>" galaxy of brill? iant events <?f fale'a annual sodnl week. Tiansfornicd Into a fairylnnd hy th? magic touch of tho tlec?arntor*a an. the dingy military rendesvoui held the largest and perhapa the gap? st mid m??st hrldlant ! i? gowned party >-v.-i welcomed t?. a Yale ; prom. I The honor ??f leading the Junior ?Promo, nade, a prerogative <?f the floor manager ol the committee, this year fell t?> Homer Eugene Sawyer, of Sew fork. His part? m i wa-' Miss II. !in liui !?-.?., ..f Chicago, They u.-r.? followed bj V'anderblll Webb, ??f New York, chairman <?f the Junior Promenade committee, and his partner. Misa Alleen Osborn, ..f Kew York. K> hlnd them wen- th?? .-ther members of the promenade committee and their partners, Joaph it. Walk.-r, of Brookllne, Mass.. dancing with Mis? Clara ?Baker, ??f New Haven; Paul s Achilles, of Roehester, with Mioa Anna Taylor, ??f Rochester, an?l ? C. I?. Allen, with Miss Margaret l'r??st, of l.ak.- I'oiest. 111. 1 '-??? ?.I Han man Ol N'? >W York. -i tslth John A. Appleton. The ?rues! Of William A \ ? rill I l.ii i ?in,.li at the |.r??ir enade was Miss- Rllet Rogers ?d New York. Misa Prances English, ?>i Ne?' Haven, danced with Waltet Cnmp, |r., R C. Bryce danced with Miss Eugenie Phil? bin, Misa Marjoria Weeks, <.t' New v<?ik. tlu guesl of Btuyvesanl Watnwrlght; Mi - Frances Pels, of flevelsnd the guest of L. C Hanns M i El? anor Ta Ining, of Troy the gueal of ll.-nr?. Auchlnclosa Col? gate, and Miss Cr <?'??< Brown wan thegueM ?i Hem;. Humphre) Parsona Other couples were Ml-- Elisabeth flaf lin. <?f New York. Witll Edmund With. OS I'? ash , Misa l ?orothy llolllster, ??i Ni ?? \?.ik with Oliver Mead gtafford Mi?-? M-?r Id, ol New York, with M 11 Ham Jay ' s? hl. rr. im. h. Mlsi Margare! Bchieffelln with Arnold ?' Sounder*, of Cleveland; Mi*- llaz?-l Mmonton, ??i N- k York, with ? tard, ??f ? 'edarhursl. M - ? i*lali Iti tt. ?H1 ' u hi eler; Ml-s Helen Bnln, ??f N? ?.?. burg, \\ Ith Albert I I ward Whltehlll; Yaughan Hpaldlog, with Miss li Its Blair, ??f ? "hu an... ,t? n.-i. n Whitney, with Oeorge UaiiM Bourne, o? i \?-w Y?-rk. Mi?s Rosalli i; . i- with .-t Ne? - - -.im . \\ lllism l' Howe, Il wltl M I I -ah. th Blnaey, of Proi Idi m ? Ml - Nal ille K with Thomaa M Cook, jr. Miss Edith I. - tan ?m t A Logan, ol Nos Ifork; Mlsf Mildred Holme . of N?'*" ^ ??< k with M ? ? Ml ' lelen tppleton, ??: Brookl* n. with Ruel R. A M ' - \ i. - land, a1th Herb? rt liar ild Vie? land of New York. panta of the lunlor and ? ?? ?? rom- : ? boxes Included Mrs fl W Baxtei t Knoxville, Tenn Misa Ifsrion ilemenl of Buffalo; Ml " rjorle Hai land ol i Mi . M?- Annie De i on st, ??f Ni m H Misa Margaret ?Baxter, .-r ICnoxvHli w oodward, of Will ? Ml Dorothj Chandli r, ol Ch< atnul Hill, M ? i me ?Baxter, of Knoxi II ? Mi - il i. Bawj r, ??i N- ? fort Mi i: n . \:i- n, "f gon-th Oronge, N ?' Mi ?; s- Aei.tl.!.. of New l!a\.n. Misa Mar ? -ti-, n. of Westerly. R I.; Ml - Anq Taylor, ??f Rochester; mi- Man irel Froot, ol LalM Kor.st. m.. M ? Clara Baker( >-f Haven; M ??. ??f Chl cago; Misa Genevi?ve ->aiif-?r?i of New " oi k, Misa Jod New York, ? i Of Toi..h. Thon? m th? hox of w ait' i ? ?up In? cluded Mrs. Camp, Mrs, ?; E Btevene, jr. ? r \. .\ 'i'io. Mrs Hanns, of Cleveland; Ml-? Klml ?i Mla loai phln? Nlcoll, ??? Ne? York "" Thayer, ??r New York; Misa Carol Herriman .?: n. n i-?ir, i l?,. .,i.j. ..f \\ atei (?-ir?-. ? ?Hin., Ml i'i am ? - ? ngllah, of New Havi : . Mla Krai ? ? s Pella ol ? Isvi land ng others occupying boxea were Ihe folio wing Mr and Mr?- Auohlncloss, ?f Neu Fork; Ml Parsons, of Neu fork; Miss Francei Hre? --. ?f New '..ik Mi-s Eugenie Phil? v ? ?.?. fork; Miss Ellen Rogara, ?.f Neu Tort; mi?-h iTraula Brown, of n.-?a y..-k. and M;-? Usa Btlllman, ??f New York \i. n i- Bas ?? r, of Neu fork; Mri \ W, Ki "h. of New York; Mrs 11 ?> ? 'hlsholm, "f N'-w York; Mi Doo Uli, of I'll, a; Mis ? hail.s S|. ??!.?, ?f N. w York, and Miss Margorst W?tnde, of Buffalo \? v I. Dodge, ??i New Y??ik; Mt- ?' H l.?.rd, .?f N'.-w York. Mis W. B. Smith. ..f Syracuse; Miaa Slbyl l>a\i-. ??f Ne? York; Mis-. Hasan Bymlngton, of N.-w Yoik; Miss V'oulsttl Proctor, of N? ?A V.nk, Mit,"- Lama Btallo, ??f N? w York; Mrs. il N Me k?-r. <?f Brooklyn; Miaa Hase! Meek? er, "f Brooklyn; Misa Alice Wheian, ?>i New York, Mi-s Marie Bpiegelberg, ol Ne? York; Mrs A. .1. Counlck, "f Ne? York. Mr- Chsrles Mlllsr, uf Jersej city; Mrs i: n ?Booth, of Plalnfleld Mrs. E. n York, ?f ?Philadelphia; Miss Helen Connlck, of New York, uii'i Mlsi Louise ?Booth, of Plalnfleld. ?'halles Newton M? h'-nck. Of BrOOk lyn; Mis 1-' B Lockwood, "f Brooklyn; Mm .i. W. bovelaad, of Knglewood, N. j ; Misa Muriel Tuttle, of Naugstuck, Conn.; M?s< Maitha. K. Chapman, ?.f Brooklyn; Miss Hslsn ?Lee MoCaldln, of Brooklyn; Miaa Dorothea Dexter, of N?sn Haven; M - Ruth Ludlam, ??f i'.?Myn; Miss Juliet I Griffith, "f Brooklyn, and Misa ?Florence I Loveland, ol Englowood. "WHCS WHO" BRINGS SUIT Infringement of Copyright Charged Against International Concern. a ?nit for Infrtngemenl ?>f copyright on the ?hart,'? of piiatiial r.-|.ro.iiii tlon <?f material and aubatantlal portions" of th.- plaintiffs hook. "Whoa Who in Am* ri?ca." waa filed yeaterda) In the United ?States District <'<iurt hy Alhert N.-1-...ii Marqula agalnal the International Who'? \\ bo l'ut Mailing Compaaj. i.t?i Mr ?Maiejuts, bead ?>f the Unn ??f A. n Marqula i ?'?>. <?f Chicago, publishers ?>f Ulms Wh-, in America, said that Ills til III held Ihe copyright to the title and to th.- book an?i charged ibal the d?fendant . < -m pit ti v in puhiiMhiiiK ?is hook "Interna* II..nal Who? Who" or "Who'- Wie. In the World, IM2," had not only Infringed upon th.- right to use the title "Who's ?Who." I.ill had als?i lak.-ii large portions of his publication without material changea, ?re? producing even typographical errors and I??-. Hilarities of expression , The plaintiff galled for an Injunction re? atrainlng the defendant from publlahlrfg and Belling It* "Who's Who' and for an accounting <?f the defendant's profita and payment ?>f a part of them to ihe com? plainant e ? VARDAMAN CHOSEN SENATOR. I.n kson, Mian, -Ian. Id.-Balloting sepa i.it'iy the t"vo houh.-H of the MlagUslppi Legislature to-day n.iin? ?I Ja in? s K. Viir daman to succeed I nil? ?1 State- Senator Leroy Percy, erbose terni ?-xpir.-s in March, In Joint session to-moriow the elec? tion will .he ratified. Vardaman ?tefaalsd Mr Percy In last ?uiniiii'-r a primaries. e MASON TO RUN FOR CONGRESS. CMcsujpo, ..?an. i?; i:\-iMit.i si ?tes Ban? aior \\'illlam E. Maaon announced his can dhlacy for liotiilngllon sa t*ongri --?man-*?/ l-ii?." from lillnola on tlie U? puhlicun ticket. , m m "?o ?i ? Their Presence in Catalogue Causes Drop in Values. HIGHEST PRICE IS $9,200 Total of Sales for Day Is $101, 288, and for Entire Sale, $1,605,836. Dtgappointmenl met those who viaited the sale of th? Robert Hoe library, at the Anderson Auction ??ullerles. last niifht with the i,iea <,f deriving a thrill of pleaa? in.- from watching thousands of dollars tin own away with a ?Ink of th?- eyelli or a wa\. of Ihs hand It wa.*< prophesied on all side on .Monday that 1111,001 would he a reasonable total for the evening**-- ?olas, Arthur Hoc, s?ui of the printing press mannt... turer, wax .pioted as saying Hi"? .me ..(? tiie Illuminated manuecrlpts to be knocked down should hrlng 111,000, aitv way. perhaps mors When ths evening ?a.?? over ths Ii?k!>?-m pries that had been bid WM 10,100 ami the t?tal for the ses slon liad failed to reach 110,000, Several reaeoaa were advanced by ti>?? dealers present for Mil? unexpected drop in values. Some ktcoMly laid it to Hie ab seni.f Georgs D Smith, the Mew York dealer, who broke ths world's record at the first part <>r th.- aale with a i>i?i of rAO*) for the Gutenberg Bible Mr. Smith wa.? held away ..n Important matter elsewhere, lii- assistant. Robert ROM explained. Mr. Rons was ..f the opinion, however, thai th.- few remarks with which Major Turn? r opened tha evening session had something to <i<> with the prices, .-xpiain Ins. that th.- Investigation Into the authen tlcit) of th.- manuaciipta ha?i not been stoppci with the printing of the catalogue some time a?... The major told of several Which had since been revealed. Three of these ?till.meed the value of the v..lumen a hit, thiee were of minor im? pie lance, and "tie was of a more serious nature, showing one .if the finer manu? scripts to be, In part at leaat, a modern production In the face of these mattet? Il neiertlie appened that tha dally record r<>i this part of ti.? ^.ii>- waa completely demollehed. The evening aeeafon, ?>f course, with it m manuscripts .latinu- from the thirteenth, fourteenth anil later centuries, was largely lesponslbls for ths Jump forward it eon? irlbuted 179.783 out >.f the day?, total of *>Io|,28| The t..tal f? ths entire sal*? bow m. ..' t Bernard Quaritch, the */>ndon dealer, Md ? in? 'ii person foi the first time during Part -', captured the coatlleel booh of the > venlng it waa ?? product! of the scheoj of utarfy Interesting for th? nto fifteenth century life which il ttiit I i -mil? la ? ires n.i\r. Tin- manuscript which Major Turner ?t.iiz-.l as parti) modern ?hh on?? which purpi.i teil to apring from the i,nw Countries and bora ths .late ion. Twenty? four mil iturea In the borders of the cal endar Bhowed the occupation*? and sports of the months, whll? twenty-seven larger otses depicted Bal?me receiving the head >.f John th? Baptist, Bl I'mm-is ?.f As?isi undergo? ing the stigmata and othm* BtbUcal sc-raea. it was thought that this might bring as high ??- B. in-.te.oi. it wen! foi j 000 . ng th? bt in talking of the evening prices Mr. (jua rltch Bsid: I thoughl them exceptionally nable. That s what wa ilk.- loa pri?e?. Bui th. t.- has been no drop in them: they're ilng up -ice:.i- One <-r these manu Bcripta which i bought twentj years at.'" . sold to-nlgl i for aboui r.1?" " Th.- manuscript lo which lbs London dealer referred was the -Hour*? of the iiui.-rt .lu Berry d'Artois Pamlly." it was ? for 17,100 by Di IV, K. Richardson, of Btxston, who tta.l mads a brave attempt al Ihe prisa of ths evralng with an ?fter ..f }- M0 The Afternoon Session. N - Ion Was uh|e ti> pile UP | The rolumss which contributed i t.i this total w.-re slghteen lots, ol Thomas Mlddleton, which Qeorg? D. Smith bought for tS.aO; bIi lota of Milton, to the sann- buyer f??i 13.235: five lots ?.f Mon I, that brought 11,740, and four lots ..f Mont i ? -i ng for 11,400. Ths m f Bnguerraud d? Monatrelet's chron? ..f Francs ami h?-r neighboring coon printed ..t Paris In MOO, was sold for <i.... i.mi lot, consiatini of two beautifully i ound volumes, done In ths best style of I.- i tic, and ths onlv ones \ him m the manner of tha Eves, was bought i>y M Bondhetra, repr?sentative of .1 Haer Al i ... Uta ?! man nrm. it cams from tie library of A. nrmln-Dltlot, and was bought I.. Ml Hoa >' th.- Tei hner sale, in 1*88, for! M.000, according lo p.. P. Bonaventure, of this city, under bidder far the lot. making ?t one . : i ?? fea which havg sold for leen than Mi III ?? paid lor them One .-f Mi Smith's Mutons was a tnst i .i. of the first edition of "Paradise Lost" with the original tit!? paga and Mndlng In encellen) t.litlon. Ii . ost htm R.M0 n> rage vv.-.it-r M Hill's .1?-. lt.- for it. ii.. paid 11,200 for what was pi ibably the Lefferta cop) of MMdleton'a "A ??ame of Chesse." sold In i?"-' for 1110, The copy in the t'nlverslty Library at Cambridge Is the only i.thcr . iipv known of ths fini Issue of this Interesting play, which was ordered .n the i tarda al the Qlobe Theatre, i.on . . ..it.-r playing for nine .lay?; in MB, a ef its earicatura of Qondomar, the Bpanlsh Ambaasador, responsible rot- tm . \. . nii..a nt Sir Walter Raleigh. line ol tin- I'-ss expensive, though lns t,,i ?.ally Interesting, bocks was a copy of Thomas Mcrton'a "New England Canaan, ..r N.w Canaan, Containing an Abstract of New Sngland, Composad In Three Hooks." The author of this quaint work bo shocked the Paritanteal "natives" of the country of whi.h he wrote that he was summaril) re? quested to return to tiie mother country. Me vs.im th?- subject of John Lothrop Mot laj "Morton's Hope," end likewise Bgured in on.- ,,f Hawthorne's work*?. NEW FIFTH AVENUE PATROL Association Plans to Install Special Police Force. The Fifth Avenue Association has decided tu have a sp?cial polie- patrol ?if Its own. Not that the city's regular policemen don't give satisfaction, but, rather, to gtvs tone to th.- greatest avenue of the country. They'll wear dark blue uniforms, but there'll be a distinction about the uniform whi.h win make it Impooetbls to ?oiifuse them with tin- ordinary "eop." Their head drses, foi on.- thing, will not be In the si.ape of a helmet, but something in the way Of a cap, anil probably 0?C Of those affairs tsith .? chln-etrap, suoh a? tin- Lon? don "bobbtee" wear. According to Robert Drier Cooks, presi? dent of th?- association, the schema aa ap proved bj the saecutlve committee al lie last ine.-tinK- hi to begin the experiment with four special patrolmen, who will work Fifth avenue from Bd street to tlM streets. "Tli?-y are to patrol Ihe avenue, keep It dear of panhandlers and thon.? sorti? Of petty annoyances, help women at street crossings and direct people who want to lind certain place? along the avenue," Mr. Cooka explained yi-st. rday. though he a.I.!..I that the ti|.a| detail? of Ihe ?.?heme had not jet been worked out, and he thought W would be about a month before the new special? appeared. Mr. CeOkS talked the matter over with Commissioner VVuldo, and though the head of the ?-iiy'H PoMcs Department thongh. tn, Bpsctals unnrceaiary, in- *iu|d then would be no objection uu his part To Former Tenants of the EQUITABLE BUILDING 120 BROADWAY Following directions issued by the Bureau of Buildings, we are engaged in making the premises safe by doing all necessary shoring and bracing, and taking down defective walls and piers, steel, iron, and interior work. Incident to this work rubbish is being carted away from the premises. Reasonable pre? cautions are being taken to segregate from the rubbish papers and other matter haNing the appear? ance of direct or collateral value. Tenants who are properly identified can, by applying at our office on the Pine Street side of the lot, have their authorized representatives take part ?n the examination of rubbish, with a view to reduc? ing to a minimum the hauling away of property which may be of some value. THOMPSON-ST ARRETT COMPANY GETS HAR?AN Steeplejack Rigs Tackle in the Equitable Ruins. RELIEF FUND IS RAISED Equitable Gives Walsh's Widow Mortgage on Her Home? Kenlon Criticised. The officials <>f the Harrtman ayatera ol ratlroada ?rere pleaaantry surprised >? m?r dav a/hen they received word that their hooka and reco?rda on tlir fourth floor of the Equitable Building had not Loen damage i hv the f*.r-\ Bteeptejach "Fred" Walker, who knows alrnoat arerj btrd'a-eye tiatt m ?the city worth Boeing, wan sent to look over the ?ground, and h<- auoceeded In rigging ni? :< terkle bjr meana of which all the records ??t the i nion Pacific and ?Southern PacMccom? - wort lowered to the ?jtroet. The pa? P?-rs were taken to th.? stock transfer office of ?he companies In the fity investin** Building, No. ISS Broadwa] The Equitabk Life Aaaurance ?Society was pit? aih eeaful In removing a number or Important recorda from the nffl?-e on the second door, but K B. Klttenhouae. <-onw>r vatlop ? ?mmleeloner, aald that it would he :.i l?eaal a week before any attempt wo?iid he ma?i- i?? arpen ihe company'a vaults on t?,.- aecond floor In which its securities are atored K .! Qllgannon, of the city's Plnance Department. In walking through the build? Ing, came upon -i fl,(?-? bond of the King iton Lighting Company, an?! turned it over to the Thompuon S" .n- i ?otnpany to await a claimant. The progreaa of the tunnel on the Cedar street side, whl.li Is heilig dug In He hope of recovering the b???iy ?if Krank .1. Ne dear, the watchman, who la tl ought to have met his death cleae to the vaults, proved to he tedloua, and it mn| be aeverai ?laya before t?.- aearch i" ended 1 ?Preparatlona ?er.? made yeeterday for the removal <?f the statue of Haarp B Hyde, which atanda near the ?Pine street entra??*" Sul s.-nptu-ns for a relief fund. Indepen? d? nt of that maintained bj the Pollen and Pire departmenta, have now reached a to? tal of I'.cT'". The Equitable Ufa Aaaurance ?Society heada the Hat ?with RMM The companj alao announ?ced yesterday that it had purchaaed the mortgage, amounting with Int.r? st to CM 12, m the home of Battalion Chief Waleb, and bad ptrtaented it to his wldOl lire inaurance men began yeaterday to comment unfavorably <>n the efficiency of the i-*ir? Department In handling Ita In the ?Equitable Building, The trend ,.f the crttli lam waa to the effect that Kire chief Keni.m ha.i violated i cuatom la not replying t<? a Ural alarm from the Rnaactal dlatriri To Kenton'a failure to "reepond the; attributed the interval of twenty-one imiuiie.s whi? h elapeed between the sending of the Ural alarm and the lecood ?Pira Comroiaaioner Johnaon, In reply to this erit? i- lam, aald that it waa Impoaaible for a Chief to answer ?ill tlrst alarms from the finan.lal dlatrict, and he conatdered that Kenlon had performed hla work In a cam? i etent planner. WALSH BORNE TO GRAVE Comrades Gather to Pay Tribute to Dead Battalion Chief. a great crowd of Bremen, headed bj Com miaaloner Johnaon, Deputy Commlaaloner Parlay and Chief Kmlon, lined the street yestcnlay before the horn?- of William J. Walsh, the battalion chief killed at the ?Equitable tire, nt N?. 1170 ajd street. ?Brook? lyn, to pay tribute to the dead tlr.-m in a i the men In the department who could arrange for leave al that time were there, drawn up In a long line with bared hea?ls aa the body of the battalion chief was home b) <>n the ahouldera of his comradee. The funeral wa9 held at the Kotnan Catholic Chureh of st. Catharine <>f Alex? andria, near ?flat street. At all Hi?' houses In the city un ordei from th?- Commlaaloner waa read to the men that W.ils' was "a brave and eftlcle.nt Officer, whose .l'-votlon and tidelity to the duties Imposed on htm won for him de s rved promotion until in- became chief of battalion and acting deputy chief of the depart ment" TWO MAKE GAMBLING RAID "Strong Arm Men" Drop In at Third Avenue Place. Charlea Becker, lieutenant detective in Charge of the "Strong Arm ?quad," with Detective Charlea Popa, dropped in unex? pectedly on a crowd of fifty men In .i large upper room In a house on Third avenue mar 79th street, last night. Two arnsts were ma?le and mu? h gambling stuf was taken. Becker ami Koye had no trouble getting Into the houe?. They walk?d nast the door keeper, ?ho heeded their warning to make no OUtcry. Becker told the occupants of the room th.y would he all tight If they ?ut out the window Jumping, etc.. and the) kept quiet. Two men, who described them? aervea aa Jacob Btrauaa, of No. 519 Kast "9th street, and Edward Crowe, of No. Ill Kast tut atriet, w-eie arrest.-d ??r warranta hearing the signature Qf William McAdoo. Chief City Magistrate, charging them with being common gamblers A patrol wagon from the Kast 88th street ?police station was used to tak? the prison era, cards, poker .hips and tables to the police ktatlon. ? AMMON'S TRIAL POSTPONED. District Attorney Kadi was ready to pro reed when the trial of i'ol?iiel Robert Am mon. of 520 per cent Miller fame, was called In Stapleton, Stuten Island, before I'lty Magistrate Marsh > < st.-rday. but a few minute? later he asked poatMnemeut until '"-morrow morning. Animons wife charges '?im with larceny of $3,'jW In a real estate . deal. ! MAYOR'S ASSAILANT IN! Gallagher Ordered Remov Jersey State Hospital Trenton, n. i . Jan. i? Jsmes lager, who is servlag s twrive-yei i ten..- in the state prison I,ere for a , itiK Btreet Commissioner Edwarde time the Manhattan official Went rescue ,,f Mayor Oaynor after ??? had ahot the Mayor on the deck steamahlp in Hobok?Mi, waa ordered ferred to-day from tie state prison SiHte Hospital for ihe Insane by Onlchtel, in tha Merer Count Sin.e Qallagher has been in j? health has failed, and recently II w I tlced that ha was suffering ; i trouble, flu physicians I inj? from pat esis. ?-a* RESTAURANT OWES $510 Proprietors of Caf? des Beau: File Bankruptcy Schedules The Hing ,,f schedules m bankrupt. : tcniay ?*? the proprtstora .>f th. . .. Beaux? Arts, a? sixth avenu? street, which wa.s forced to ? revealed to the uninitiated a riight vi how milch it ?-osts to run pala lobsters and other epicurean d ll.-tlll out Tin- liabilities of tiie d.-fuil- t were declared t.. be ?tO.216, of wl SL't are >en..! an.I 1251.463 unse. are for wa>;.> and 11,000 for ta\. . i...minal a--- ..:'. given aa *B4. Among ' eta at. lir-t??rt. besld. ?state holdings, CO00 worth ol 120,000 for furnitur? and furnlahinga : restaurant and a. counts at ti there vrere about four hundred ere with claims against the bankrupi? PENNSYLVANI RAILROAD ?swanT ; Something New in New Y I! is d ?.beult to tell o anything new m tins grea city, because it is the em bodiment of the finest mid best in everything. Hut there is something new in the very heart of the city's activities that the people should know about. It is a great modern restaurant in a railroad station. II is true that the Pennsylvania Station is the greatest railroad sta? tion in the world, and by the same token the restaurant is the best of its kind. It is completely appoint* ed from kiteben to table. The supplies are collected by men experienced in catering, the food is pre? pared by skilled cooks and served on distinctive table ware by trained waiters. The main restaurant is not conducted on the catcb-as catch-ean principle usually associated with railroad restaurant service, but it is a quiet, dignified dining room, where one may dine in leisure and content. The trains move noiselessly and smokelessly lielow, and there is nothing to jar upon the enjoyment of good food. A separate and distinct 1 U n c b e o n .room, fifty feet across the Arcade, supplies the needs , of the eager hungry or the one whose time is more precious than the leisurely satisfaction of appetite. The Pennsylvania Sta? tion is only a block from H roadway at Thirty second Street, and the res? taurant is on the street level, oft' the Arcade. It may sound parLiloxi eal to say that a railroad station is the place to get a gootl quiet meal, but it is nevertheless true in this ease. J