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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, September 10, 1920, Image 1

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Ygl. LXXX No. 26,962
the Truth: News?Editorials?Advertisement
?' I"11 .'?'!
Cloady, with shewers to-day; pmbably
fair tomorrow; moderate temper
attar* with moderate Math wind?.
(?Copyright. 1920,
New York Tribune Ina,)
* * * ?
In Oreater New York
Within ?00 Mil?
IW*nt ?CSNTf
J rain Kills
[W? Delano at
j Barrytown
fad Company President
Seated in Buggy When
Horse Dashes Into Path
of N. Y. Central Engine
Victim an Uncle
Of F.D. Roosevelt
????? ,
Head Man Found Sitting
I Upnght in the Ruins of
gig Splintered Vehicle
Specicl Dispatch to The Tribune
J0U6HKEEPS1E, N. Y., Sept. 9.?
yft?tt* Delano, president of the De
la? Coal Company, of New York, and
n?sle to Franklin. D. Roosevelt. Demo
ttttie candidate for Vice-yesident,
.w jastantly killed at the Barrytown
garlos in this county this afternoon
?fan oil favorite horse Bell, which he
had /riven to the station, became
'frightened at the approach of a fast
?preM ?nd dashed in front ^ of the
Mr. Delano had left the animal at
the northeast corner of the depot
while he went to the office to get 4.
\ ?keek for his trunk. The distant ap
utteh of the train warned Mr. Delano
aad a? looked out the window at the
horse and ?aw it was restless.
Engine Strikes Buggy
? Ee went and sat in the seat of the
i??*- The horse was a high-strung
animal and was considered one of the
best br>ed horses in the county. As
a?fl|e train approached the horse reared
?d started on a run around the cor?
ner of the depot to the New York
Central tracks, arriving there a frac?
tion of a second ahead of the train.
j The horse managed to get part of
the way across the tracks, but the
?fine struck the buggy and carried it
* distance of 150 feet before it was
'?/reed and thrown to the right of the
track against a large concrete base
alongside the roadbed.
? Mr. Delano was still seated in the
raka of the buggy, which consisted
of nothing but the seat, a small part of
the platform and the crushed back of
the seat. The wheels were torn com?
pletely from the buggy and could not
M ' found, although the trackmen
?'M?*ri!:ed for a distance of more than
Horse Dragged 1,000 Feet
??? horse was carried a distnee of
.?acre than 1,000 feet on the front of
the engine and then thrown to the left
of the track. The engine stopped
short distance beyond this point.
a Mr. Delano was carried to the depot
trhere he died without regaining con
xioniness. An examination showed he
sad a fracture of the spinal column at
the base of the neck and a gash on the
Mr. Delano had spent the entire af?
ternoon at the Dutchess County fair at
lainabeck, where he was superintend?
ent of the horse exhibit and had a
?tanbe-r of blooded animals entered. He
alto made arrangements just before
?ea*ring to take some of the animals
home to-morrow and bring over others
*aieh he had entered for the horse
?hew Saturday.
The horse which was killed was en?
tered in the saddle horse class for ex?
hibition Saturday and Mr. Delano had
fiven his name as the driver. The train
jhkh killed Mr. Delano was traveling
hrtwaea fifty and sixty miles an hour.
,; Mr. Delano is survived by his wife,
?he ?iras Miss Jennie Walters, of Balti
tXftti a son, Lyman Delano, of Wil
Sjington, N. C, and four daughters,
Mrs, Boland Redmond, of Tivoli; Mrs.
F-?B. Adams, of Greenwich, Conn.; Mrs.
Idgell, of Cambridge, Mass., and Miss
?W? Delano, of Barrytown.
j Mr. Delano had large mining inter
?at? in Pennsylvania and was presi
?Jrtef the Delano Coal Company, with
?eta in New York City. He was a
??? ef horses and his stable at Steen
Wwtje, his Barrytown summer home,
Jas one of the finest in Dutchess.
? - *
vAnnunzio Makes Fiume
Fre$} State; Council Quits
*** Says Private News From
Jwii Forced Action; Notional
***tnber Opposed the idea
?CME, Sept. 9 (By The Associate**
2*?)'--<?ebriele d'Annunzio proclaim
-n?a* *n Sn<l?Pendent state to-day.
.^wnanzio declared he had received
{?*?? news from Paris which forced
aW. *? ??lare Fiume independent and
y*** ??aid not wait until September
*T?? ?? had intended.
tifos mc ls'ati?nal Council resigned
Jjgfciele d'Arfnonzio, the insurgent
??-^oet in command at Fiume, is
proelamation August 30 an
V ?list .U- __?_ ?.__" _m _
?wmic c
HS * pi**
r--???nVN ?lUB^UOb a/V ?M??~
^-?-? that the existence of a new
2Jj,??? Italian Regency of Quar
mr**n?Th%in?> the city of Fiume
-?? axerai islands in the Adriatic,
J??? be officially declared September
.JMjiipiUht? to Rome newspapers
5"*Wr afterward asserted the popula
23t^** ,rec*ived this proclamation
""??y. and even credited D'Annunzio
;g? ?a intention of leaving Fiume
C5?tvc* th*8 *???? ?o far as is
?MJja.howeTer, he is still in that city.
iZ***>in mid-August, D'Annunzio
?r*?Mt his recent action by declaring
2?*t*? establishment of a "free and
?wpw?fnt ?tat? of Fiume" was im
gfwtJfce National Council of Fiume.
S Vff* ?PresenUtlve body, opposed
?2?7*?\an ?P?n *>*?** hetween the
>we*a*4 the council resulting.
JHE TRIBUNE ?eel* all
3V J?* fcewrjpapew of New
!?* State and the East in
JP? publication -of authentic
g*wne?y new* of the Amer
gHJgwo. On Monday ?id
'""""?Bay of ?ach week we
? special deparfrnent for
corf ?egpond?ent of
rfmme is attending the
*t Convention at
?*d wUJ report it
L?nine Makes Emma Goldman
tWork as a Railroad Laborer
Reds Deported From U. S. F.ailed to Receive Enthu?
siastic Welcome in Russia; Those Who Re?
mained Idle Were Arrested ; Others Fled
From The Tribune's Washington Bureau
WASHINGTON, Sept. 9.?Emma Gold?
man and her Red associates, who were
banished from the United States on the
Soviet ark, the Buford, are now re?
pairing the railway roadbeds of Soviet
Instead of meeting with an impres?
sive welcome the deported anarchists
have been received by their Bolshvik
compariots as just so many ordinary
The State Department to-day received
information that the deportees were put
to work at once by the Russian authori?
ties. Upon their arrival, the Goldman
crew were informed that their status
was no different from other residents
under the Soviet r?gime. They were
immediately classed as toilers. Those
who demurred against menial labor
, were reminded that the extraordinary
! commission, the Soviet organization
j which directs most of the atrocities
? engineered in the name of Bolshevism,
; would soon put them in the proper
frame of mind.
As a consequence, those of the de?
portees who consented to manual labor
were placed at repairing the vailroad
roadbeds. Others were arrested, while
?? I 10.
some escaped and are hiding under as?
sumed names.
In a report reaching here from Bal?
tic sources, the State Department was
advised that the Soviet r?gime again
has resorted to rwr?sals against gov?
ernments which disagree with :he So?
viet method of justice. The trials of
Hungarian Bolshevists in Vienna have
led to reprisals against ten Austrian
officers who are held as hostages. The
report said that one thousand more
Austrian officers have been imprisoned
in a concentration camp.
The news caused grave concern to
be felt for the safety of Americans
who are within Soviet Russia. The
plight of the Austrian officers has re?
sulted in the department renewing ita
request to relief societies in Russia to
exert every means to gain the release
of the Americans, or to see that no
personal harm befall them at the hands
of the Soviet authorities.
The acute military situation in Rus?
sia has resulted in the Bolsheviki put?
ting into effect drastic steps to in?
crease their armed forces.
Opposition to the dictatorship of the
Moscow Communist r?gime is develop?
ing among the membership of the
Third Internationale, which recently
was in session at Moscow. Out of a
total of eighteen members of the new
executive committee of the Third In?
ternationale only five are Russians.
Another Quake
Kills Many in
5 Italian Cities
Shocks in ? Emilia District
More Violent Than Those
of Tuesday, for Which
Death Roll Is Growing
432 Dead in Fivizzanoi
10,000 Homeless in 70
Towns; King Visits and
Comforts the Survivors
ROME, Sept. 9 (By The Associated
Press).?Another earthquake occurred
in the Emilia district at 2:35 o'clock
this morning, causing the loss of lives
and important damage. It was more
violent than Tuesday's shock.
The communities suffering the most
were Reggio, Ospedaletti, Bussana, To
ano and Cav?la.
The Emilia embraces the district be?
tween the Apennines and the River Po
and is divided into the eight provinces
of Piacenza, Parma, Reggio, Modena,
Bologna, Ferrara, Ravenna and Forli.
It covers an area of about 7,920 square
miles and has a population of approxi?
mately 2,500,000.
FLORENCE, Sept. 8 (By The Associ?
ated Press).?The number of dead
from Tuesday's earthquake is growing
The latest advices from Fivizzano
bring the total of dead there alone up
to 432, while in Vignatta 124 are dead
and about 1,000 injured.
Damage in Sixty Cities
In nearly three score towns and vil?
lages serious damage was done and a
total population of more than 10,000
rendered homeless.
Signor Micheli, the Minister of Agri?
culture, is visiting the outlying moun?
tainous districts and giving all the as?
sistance possible.
The upheaval was especially terrific
in the famous quarry district of Car?
rara, from which come the finest speci?
mens of marble. Great rocks, dis?
lodged by^ the shock, rolled down steep
roads leading up into the hills, crush?
ing everything in their path.
A tragic and memorable scene was
enacted at Marina, near Carrara, when
the earthquake shattered a church
where mass was being celebrated.
Father Friggotti, the pastor, had just
raised the chalice in the most solemn
moment of the service when the ceil?
ing of the edifice fell upon the congre
(Contlnuix! en pa* ??vente??)
Child Kicks Way Into
$10,000 Assault Suit
Kurse Brings an Action for
Bruises She Alleges She Re?
ceived From Lusty Youngster
The Supreme Court soon is to have
the opportunity of deciding whether
the theory that a dog may have one
bite before being held a vicious animal
may be extended to give an infant one
kick before he can be adjudged a
vicious youngster. This question arose
in two suits filed yesterday by Miss
Martha Lewis, a nurse, who is suing
for $10)000 damage:? for being kicked
by a child *ior whom she was caring.
Miss Lewis is suing Mrs. Antoinette
Barnett, mother of the infant, and also
has brought an action against Gustave
Barnett jr., the child.
Miss Lewis said that in December,
1916. she wa? employed by Gustave
G. Barnett and his wife at 17 West
Sixty-ninth Street. In the course of
her duties the nurse was in charge
of Gustave jr., infant son of her em?
On Christmas Day, 1915, Miss Lewis
saya, her infant charge "violently as?
saulted" her, kicking her in the abdo?
men and inflicting severe and per?
manent injuries. These injuries, ft is
contended by the nursef were caused
by the carelessness and negligence of
Mrs. Barnett, the child's mother, in not
properly teaching, instructing and
: guarding Gustave jr. from inflicting
the injuries, and also in failing to
warn Mia* Lewis of his "evil and
vicious propensities," which the nurse
alleges were well known to Mrs.
Mass Lewis added in her complaint
that after bar infant charge had
kicked her ehe became disabled and
was confined to a hospital for a long
time, being compelled to undergo an
operation. She lost much time from
her work aa nurse, and besides the
pain and injuries suffered, aays Miss
Lewi?, ?he had to spend a large amount
of money tor surgical and medical
??? i? M.. > i ii.
n* Heure? at Supply ?rad tieimeaut esm trm
SuonUy twi trac??t to th? Knip Want??!
_ ?mue. Conoatt The Tribun?'? H*ip
W?twBt?4?fcte*?m? tor pomuoao at ib* S*t
Blair Outlines
Drive Method
For 54 Cities
Assistant to Republican
Treasurer Tells What
Funds Were Raised by
Substitute for Form 101
Method-in Use 20 Years
Letters Asking Money From
Postmaster Shown; Cox's
Representative Is Scored
CHICAGO, Sept. 9.?Testimony bear?
ing upon Governor Cox's charge that i
a quota list of fifty-one cities had been
sent out by the Republican- National
Committee was heard at to-day's ses?
sion of the Senate committee investi?
gating campaign funds. While Harry
M. Blair, assistant to Fred W. Upham,
national Republican treasurer, waa on
the stand a document was introduced
which the witness identified as a sub?
stitute for Form 101, the campaign plan
which Mr. Blair drew up, but which
was rejected by the national execu?
tive committee.
This substitute document said that
an intensive campaign was to be under?
taken in fifty-four cities, and it also
indicated that the national treasurer
was to appoint city chairmen of the
ways and means committee.
John A. Kelly and G. De Forrest Kin
ney, State Ways and Means chairman
for Ohio and Illinois, later said that
they appointed the local chairmen
themselves and that the national treas?
urer had nothing to do with these se?
lections or with fixing quotas for the
various counties. Mr. Kinney also
added that he was concerned only with
the campaign outside Chicago and
Cook County.
In addition, Henry Owen, a paid as?
sistant to Mi-. Blair and organizer for
Ohio, Kentucky, Tennessee, West Vir?
ginia and Indiana, testified that he had
never heard of any plan to organize
cities as distinctive from the county
organizations. He said furthermore
that he never saw Form 101 and knew
nothing of its being locked in a safe
at Republican headquarters . after it
had been rejected.
Mr. Owen told Senator Spencer that
the whole Republican method of rais?
ing funds was a "stock plan."
"I can buy it for you in printed form
for 25 centos" he added.
"Where?" asked Senator Reed.
Can Buy Quota Form From Y. M. C. A.
"From the International Committee
of the Y. M. C. A.," said the witness.
"The plan is known to hundreds of
men. It is twenty-five years old and
anything but original with this drive."
The committee held another night
sessifo, Chairman Kenyon explaining
that it was hoped to wind up the com?
mittee hearings here by Saturday
Other developments to-day included
testimony* by Mr. KeUy that he fixed
the quotas of Ohio tounties at just
double what he expected to raise, but
did not inform local chairmen of that
fact. On that basis the workers in that
state, it was brought out by Senator
Pomerene, were striving to get $1,300,
000 instead of the $650,000 which the
national committee wanted.
"We shot at the moon hoping to hit
the trectops," explained Mr. Kelly.
Hard to Get Money From Women
Mrs. Bertha Baur, of Chicago, was
and means vice-chairman for IlMnois,
<Continuad ?? pago four)
Reds Launch Warship
in Seized Shipyard
LEGHORN, Italy, Sept. 9.?
Workmen who have occupied the
Orlando shipyards here \aunched
a destroyer, built for the Italian
government, yesterday. Black
and red flags waved above it as
it slid down the ways into the sea,
and as it gracefully took the
water there ros? deafening cries
of "Viva Socialism!"
- Deputy Capocohi, who is presi?
dent of the Metal Workers' Union,
launched the vessel, and Signora
Pietro Mascagnij wife of the com?
poser, acted as godmother for the
new ship. Signor Mascagni made
a brief address, and when he had
finished the workmen sang a
?chorus.from his opera "The Mas
qu?srad?r*." .
*??? . - ? r ft .
Lodge Calls
League Union
To Wage War
Declares Wilson Purpose
in Article X Was to Use
Power of Member Na?
tions to Carry on Strife
Says System Has
Support of Cox
Demands Rejection of Any
Covenant Founded on
President's Principles
AUGUSTA, Me., Sept. 9.?An attacl
on Article X of the covenant of th<
LeagUe of Nations was made in an ad
dress here to-night by Senator Lodge
of Massachusetts, who spoke in the in
terest of Republican candidates in th
Maine campaign. He charged tha
President Wilson's purpose was "to us
the power of all nations members o
the league to carry on war," and adde
that "our fight is against that concep
tinn nf tVin l^irim
? "We ought not to accept any covenant
which in any way could be made to
carry out Mr. Wilson's purposes," Sen?
ator Lodge said. "Mr. Wilson, it is
true, is not a candidate, but we are
fightipg Wilsonism, which is a system
of government alien to our Constitu?
tion and our traditions, and Governor
Cox has promised that if elected he
would carry out Mr. Wilson's promise
and go into the league.
"Senator Harding has said that he
would not go into the league as pre?
sented by Mr. Wilson. The issue is
drawn, and is so clear that no man can
misunderstand it."
Interprets League Pledge
Senator Lodge reiterated the charge
: that "the pledge, in the first sentence
. of Article X is an individual pledge ol
? the United States to 'respect and pre
: serve as against internal aggression
the territorial integrity and existing
political independence of all members
of the leat?iie.'
"The only allusion to the league ir
Article X," he said, "is in the second
sentence, and the operation of th<
league is there confined to advisinf
what share each of the nations shouk
tako in sustaining guaranty.
"But this is not all. A great deal ii
made of the unanimity required 01
most questions for action by the coun
cil, and it is therefore argued that ou:
single vote will serve as a veto. Theo
retically that seems conclusive, but ii
practice, if we were represented ii
the league, it would be impossible t<
1 say what our representative, actini.
under the instructions of the Presiden
alone, might commit us to.
"Let me illustrate this to you b;
calling your attention to the fact tha
Mr. Lloyd George, replying to a depu
tation of friends of the league, sai
that nothing could be done by til
league to prevent, for example, an al
tack of Russia upon Poland, unless w
had an international force, that ?3,
fcrce under the command of the leatrut
If. S. Rights Imperiled
"This league force, which would be
composed of soldiers of all nations,
could be ordered into war. Undoubted?
ly this is the underlying conception of
at least the European members of the
league, and it is a very dangerous one.
"It would be extremely difficult for
us, if the league had an international
force for the preservation of the
world's peace, to refuse to send our
contingent as determined by the Coun?
cil and the Assembly. If we did re?
fuse, the cry would go out that we
were false in spirit at least to the
league, of which we had become a
member, and if this international force
was once established, as it probably
would be under the league, our sol?
diers would then be sent under for?
eign command and by the direction of
foreign powers to take part in foreign
"We should be so tangled in the ob?
ligations which the league imposes that
we could not assert our constitutional
rights without breaking moral obliga?
Senator Lodge's only reference to
Governor Cox was when he said that
Cox had launched two resolutions of
his own with reference to the covenant
of the League of Nations, but after
launching them he has not ?M/cussed
them. "Perhaps it was because they
amounted to nothinj*, and perhaps some
one may have told Governor Cox that
fact," said the speaker.
Governor Carl E. Milliken presided at
the meeting. The Massachusetts Sena?
tor was the only speaker.
Strike Parley
Is No Nearer;
2 More Dead
Negotiations With B. R. T.
Heads at Standstill ;
Body of New Employee
Found in Coney \>eek
1,000 Return to
Jobs During Day
Late Comers Lose Their
Seniority; Normal Serv?
ice Is Promised Soon
Negotiations for the settlement of
the B. R. T. strike seemed to have
lapsed yesterday, temporarily at least.
William D. Mahon, president of the
Amalgamated, went to Albany, and it
was reported that hifTpurpose was to
consult with Governor Smith. He
failed to see the Governor, however,
and it was learned that the trip was for
the purpose of attending a conference
on the international railway dispute in
Two more deaths were attributed di?
rectly to the controversy. John Kline,
the seventeen-year-old youth mistaken
for a Strike breaker and attacked by
strikers on September 1, died in Kings
County Hospital as a result of his
wounds. The body of William Oster
hout, a strike breaker, of Chicago, was
found in Coney Island Creek at the
foot of West Fifteenth Street. The
cause of his death has not been defi?
nitely determined.
Receiver Lindley M. Garrison said
last night that 1,000 former employees
returned to work during the day. The
men, he said, returned as new em?
ployees and lost their seniority and
the salary perquisites that attend cer
tnin norinria nf snririi'?
2,000 Employees Return
The men who returned yesterday
equal in number those who came back
by Wednesday noon in order to retain
their seniority, Mr. Garrison said. This
gives the company a nucleus of 2,000
former employees from which, officials
say, the new permanent operating force
is to be constructed.
Coney Island business men yesterday
expressed the gravest concern over the
situation, as there is a possibility Chat
if it endures through next week suf?
ficient police will not be available to
permit the holding of the Mardi Gras.
"Every preparation has been made
and the resort is ready to hold its gala
week, beginning next Monday," said S.
Mangels, president of the Coney Island
Carnival Company, "but we are very
much concerned to know whether suf?
ficient police protection can be afforded
if the strike persists."
In previous years 500 extra police?
men have been detailed to the island
for the Mardi Gras. At present every
available man in the department is on
strike duty, and there is a possibility
that if the situation persists the police
may order the postponement of the
There were only scattered outbreaks
by strikers yesterday and no serious
damage was done. A slight blaze was
caused by the pulling of the brake
switches at the Brighton Beach ele?
vated terminal and a ten-foot length
of trolley wire fell on Sumner Avenue,
between Greene and I}e Kalb avenues.
First reports were that these re?
sulted from the activities of strikers,
but officials of the company said last
night there was no evidence to sup?
port that theory.
Strikers threw a piece of feed wire
over the electric wires of the Reid
Avenue trolley line at Eastern Park?
way and Utica Avenue last night. As
it became electrified it coiled and broke
three windows on Utica Avenue. The
lives of a number of children were en?
As the last Gates Avenue trolley car
started to switch into Fresh Pond
barns last night the pole line was cut
and the pole was wedged against the
elevated structure above. When George
Drew, a strike breaker, climbed to the
top of the car to release the pole, a
striker on the "L" structure hurled a
milk bottle at him. He received a se?
vere contusion of the shoulder.
George Fitzgerald, twenty-five years
old, of 4020 Calumet Avenue, Chicago,
a former boilermaker, employed as a
strike breaker on the B. R. T., was ar?
rested last night at Coney Island on a
charge of carrying concealed weapons
and with having fired a shot into the
air. A 32-caliber revolver was found
on him. One cartridge had been ex?
ploded. ,
Cars Run at Night
Service was maintained on the Flat
bush-Seventh Avenue surface line un?
til 11:30 o'clock last night. It was the
first time the company has attempted
to operate a surface line after dark
since the strike was declared thirteen
days ago. Additional lines are to be
continued to-night and the company
Contlnard on nrxt puce
Trail of Orange Cat Solves
$360,000 Dye Theft; 17 Seized
Seventeen men who are in prison or
under bail to-day, accused of being
implicated in the theft or disposal of
$360,000 worth of German dyes, have
only a dingy, emaciated white kitten
of disreputable ancestry and habits to
thank for their plight. As the kitten
is still prowling about the rat coverts
and scrap heaps of the Hoboken water?
front, it is unlikely that they ever will
have an opportunity to express their^
The dyes, part of the German indem?
nity to the United States, were stolen
July 9 from a warehouse of the Textile
Alliance, Inc., in Hoboken, where they
were in the custody of the government.
Two days later the kitten crossed the
path of a Federal detective as he
lounged despondently near a pier in
Hoboken, speculating on the meagre
facts then in his possession concerning
the dye theft.
The kitten was one to arouse the
interest of a naturalist as well as a de?
tective, for among the sombre and
squalid stains upon its coat were
splotches of vivid orange, of just th?
shade of toma o? th? stolen dyes, The
dateetlve tallowed the kitten, flatwise
It lad h^nrfarjj ?? ?arvatU and noisom
route which ended when it slipped
through a cellar window of a lodging
house near the river.
Before it vanished, however, the de?
tectives clipped a bunch of its orange
hair. This was analyzed and found
to contain substances which identified
the coloring matter as of German
origin. Thereafter every occupant of
the house was watched.
One of them, with two other men,
was arrested as he rode in an auto?
mobile behind a motor truck contain.
' ing about $180,000 worth of German
dyes, the arrest taking place just out?
side Paterson, N. J., last Saturday. In?
formation obtained from these prison?
ers led to the discovery of about $60,
C00 worth of dyes on an abandoned
farm in Orange County, and the in?
vestigation of the Widder Dye and
Chemical Company, 156 Broadway,
That investigation was closed yes?
terday, when four men belonging to
the concern were held in connection
with the dye theft. They aro Jacob
Widder, treasurer; George Davis, a
chemist; Samuel Weiss, former assist?
ant treasurer, and Adolph Widder, a
salesman, the two latter being arrested
in Chicago. The other ten arreata
; were made from tima to time, as ctr
I cumatancea. turned suspicion against
I lodger? in the house of the orange ?sat.
Laws for 10-Year Tax
Stay and Loans by City
For New Homes Assured
Harriman in
Contempt in
Vice-President of Com?
pany and Counsel Also
Accused of Violating In?
junction in Kerr Case
Controversy over the Kerr Steamship
Company's complaint that freight ves?
sels subject to its operation were being
illegally diverted to the German trade
routes of the Hamburg-American Line
resulted yesterday in the holding in
contempt of court of W. Averell Harri?
man, president; R. ? H. M. Robinson,
vice-president, and Ira A. Campbell,
counsel of the American Ship and Com?
merce Corporation and of the Ken
Navigation Corporation, owned by the
Harriman interests.
Justice Richard II. Mitchell, of tht
Supreme Court, held the defendants
guilty of violating an injunction issuet
by the court on Tuesday, and severelj
criticized their counsel. The court de?
clared it would like to discover whethei
"counsel cannot be controlled in usinf
his astute brain in aiding clients t<
evade an order of the court.
Justice Mitchell withheld the im?
posing of a penalty, saying he would
give the defendants until 10:30 o'clock
this morning to comply with the in?
The court proceedings further com?
plicated the fight-between the steam?
ship corporations, in which the govern?
ment has seized $4,900,000 paid by the
Harriman interests to the Kerr Steam?
ship Company, controlled by Alfred
E. Clegg and H. F. Kerr. Kermit
Roosevelt, secretary of the Kerr com?
pany, has charged that the Harriman
interests are cooperating with the
Hamburg-American Line to restore Ger?
man trade on a pre-war basis.
Contracts not Surrendered
After the Harriman firm had paid
over $4,900,000 on August 28, when it
was seized as being subject to an ex?
cess profits tax, the Kerr Steamship
Company declared that in selling their
stock in the Kerr Navigation Corpora?
tion they did not surrender contracts
covering the operation of three steam?
ers. They asserted that the contracts
did not expire until October 22. ?
When the steamer Kerlew, one of the ;
vessels in controversy, arrived from
Hamburg last Tuesday, Mr. Clegg, Mr.
Kerr and Mr. Roosevelt, officers of the
Kerr Steamship Company, obtained an I
injunction restraining the American i
Ship and Commerce Corporation from
totiincr i-nnt.l-nl r>f tVlP vpskp! Their
I contention was that under their con
I tract they were entitled to its opera
j tion until October 22 and that the Har
| riman interests had no right to divert
I it to the German trade, as it was al?
leged they intended to do.
The next day the Harriman officials
obtained from United States Marshal
Thomas D. McCarthy a libel on the
ship and its cargo, which prevented
the Kerr Steamship Company officials
from entering the vessel and placed
Federal officials in charge.
Herbert Noble and John B. Stanch
field, counsel for the Kerr company,
yesterday morning obtained from Jus?
tice Mitchell an order for the Harri?
man officials to show cause in the
afternoon why they should not be held
in contempt of court. The contentions
were that the Harriman corporation
violated the injunction in three par?
ticulars?by taking off United States
mails, by entering the vessel and by
preventing the Kerr company from tak?
ing off the cargo.
Mr. Campbell argued that the Harri?
man firm had no intention to take the
vessel out of the jurisdiction of the
court; that the Kerr Company illegally
took possession, and that the injunc?
tion should have kept the ship in statu
quo pending a decision.
Court Holds Violation
Justice Mitchell held that the action
of the Harriman firm in obtaining a
libel from the United States Marshal
was a distinct violation of the injunc?
tion. He intimated that a money fine
probably would not be sufficient, but on
the plea of Mr. Campbell agreed not
to sign a commitment until to-day.
Meantime Mr. Campbell hurriedly
visited the Federal Building, where he
induced Marshal McCarthy to vacate
the libel order. This put the vessel
back into the control of the Kerr com?
pany. '
The Kerr Steamship Company ?3 dis?
tinct from the Kerr Navigation Cor?
Mr. Harriman yesterday declined to
comment on charges made by Mr.
(Continued ?n pago seventeen)
Trotzky Threatens New
Advance AgainstW arsaw
Special Cable to The Tribune
Copyright, 1920, New York Tribune Inc.
BERLIN, Sept. 9.?The latest
Moscow newspapers reaching here
are filled with violent articles de?
nouncing the so-called counter
revolutionaries among the Rus?
sian generals and higher officers,
the Bolshevik press alleging that
their treachery is responsible for
the recent check of the Soviet
armies. The newspapers further
publish details of new imposing
military preparations.
In a manifesto issued by Trotz?
ky, quoted in the Bolshevik organ
Pravda, the public is told that if
Poland does not consent to peace,
newly constituted Russian armies
once more will begin an advance
on Warsaw.
1 '?"??i?i.????n.i..??...?.?....ip ? ?... ,i_i.i^ui.. i.*
Teeth to Stay in Rent
Laws, Says Lockwood
"Any attempt made by friends
of unscrupulous landlords to re?
peal the housing legislation
passed at the last session of the
Legislature will meet with short
shrift," said Senator ChaTles C.
Lockwood, chairman of the Joint
Legislative. Committee on Hous?
ing yesterday. "These laws are
admittedly drastic, and the few
who have opposed them at th?
hearings, while powerful, are out
of step with the times.
"One of them had a bill intro?
duced at the last session nullify?
ing the laws the Housing Com?
mittee prepared. We expect that
similar attempts will be made at
the extraordinary session which
meets Monday week, but they will
meet with the same fate that be?
fell them a few months ago. All
the teeth in the emergency bills
passed last April and signed by
the Governor will remain."
MacSwiney Is
?Growing Numb;
Sister Defiant
Atrophy of Skin Begins,
but Relative Says He
Would Not Obey Irish
Rebels if Told to Eat
Unionist Organ for Mercy
Three More Constables
and Equal Number oi
Their Assailants Killed
From The Tribune's European Bureau
CopyrlRht, 1929. New York Tribune Inc.
LONDON, Sept. 9.?Terence Mac
Swiney, imprisoned Lord Mayor ol
Cork, between whose lips no food has
passed in twenty-eight days, com?
plained to-day of numbness in hia arm?
and legs. Signs of atrophy of the skir
::i:-'?- ha? .' begun to upnj ;)i .
The prisoner is rational, but he is tot
weak to say more than a few words
Physicians are unable to say how mucl
longer he will live.
The Irish Times, the leading Union
ist organ, broke its long silence to-da]
and declared for the release of th<
Mayor. His death, the newspaper saya
would be bound to increase the difficul
ties confronting the Irish administra
tion, and would inflame the worst pas
sions. It adds: "Not a single sobe
Irishman wants to seeMacSwiney die.'
The newspaper feels that sharp re
prisais would follow if MacSwiney die?
in prison.
LONDON, Sept. 9 (By The Associ?
ated Press).?A bulletin issued by the
Gaelic League at 7 o'clock this evening
"Lord Mayor MacSwiney is very,
weak. He complains of headaches
anc dizziness. He is in considerable
pain. The numbness of his body is
ii;creasing. Both his arms are now
bandaged. He is still conscious."
The Lord Mayor was visited last
night by Father Patrick MacSwiney,
a cousin, who said he was surprised to
find the prisoner so well. He expressed
belief that the crisis would not come
for three or four days.
After visiting Mayor MacSwiney
last evening, the prison doctor told his
sister, Annie MacSwiney that her
brother was in a very grave condition,
and that there could be only one end
to his continued hunger strike.
"The doctor asked Miss MacSwiney
if nothing could be done?if she could
not appeal to the Mayor," says the
league's statement.? "She replied she
would not ask her brothe? to give up
th? principle of his life: that England
had no right to imprison him and that
he could not submit to England's im?
prisonment without acknowledging her
right to deprive him of his liberty.
"The doctor then suggested that the
Republican body in Ireland be asked
(Continued M safa ???)
Olive Thomas's Condition
is Reported as Grave
Actress Said to Have Taken
Sufficient Bichloride of Mer?
cury to Kill Tmoenty-five Men
PARIS, Sept. 9.?Olive Thomas, mo?
tion picture actress, is in a critical
condition at the American Hospital at
Neuilly, where she was taken several
days ago suffering from mercurial
An official statement issued by Dr.
Joseph Choate, an American physician
who is in charge of the ease, says:
"The situation is serious, but recovery
is hopeful."
It is learned, however, from a relia?
ble source that the condition of Miss
Thomas is extremely critical and that
her recovery is doubtful. N
Dr. Choate said to-day that the
actress had swallowed a solution of al?
cohol preparation containing twelve
grammes of bichloride of mercury, suf?
ficient to kill twenty-five men, but he
added that she had taken it through
Recently Miss Thomas, it is said,
had been suffering from nervous de?
pression and had expressed fear for
the safety of her hushand. Jack Pick
ford". According to Dr. Choate it was
only through the prompt first aid given
by Pickford, on his return to the hotel
where they are staying, that Miss
Thomas is alive now.
Ttt? and Dinner Dance? nave ttoea r*y
Muneil la toe ZUe* Re?ea.?~A?vt.
Measure Framed to Allow
Banks to Advance Cash
on Mortgages and Bonds
to Assist Construction
Levy on Mortgages
To $40,000 Dropped
Municipal Bus Legisla?
tion Ready; Phone Rate
Adjustment Is Planned
The following legislative program,
| with little, if any, change in all prob?
ability will be passed at the extraor?
dinary session of the State Legisla?
ture, which begins on September 20.
1. A. bill exempting new dwell?
ing houses from taxation for a pe?
riod of ten years.
2. A bill permitting New York
City to loan on bond and mortgage
up to 75 per cent of the value on
dwellings not ?costing more than
3. A bill exempting incomes on
mortgages up to $40,000 from the
state income tax, and memorializing
Congres^ to do likewise with respect
to the Federal income tax.
Bank Regulation Sought
4. A bill repealing the 1916 act,
which permits savings banks to lend
on bank acceptances and bills of
exchange, and thus for-?e them to
lend on bond and mortgage.
6. A bill amending the home rule
act of 1913 so as to permit the City
of New York to operate its own bus
6. A bill giving the Public Service
Commission power to suspend exist?
ing telephone rate schedules/ pend?
ing an investigation by the commis?
sion as to the justice and reason?
ableness of the rates.
. Building Boom Predicted
The proposed housing legislation, in
the opinion of the members of th?
Lockwood housing committee, will not
only loosen the market ,for money to
lend on new dwelling?, thus stimulat?
ing new construction, but will indue?
heads of families of small means to
build their own homes in the outlying
sections of the-city.
"Government aid is extended to
heads of families for the building of
modest homes all over the world," said
Senator Charles C. Lockwood, chair?
man of the joint legislative housing
committee, yesterday, "and it should b?
done here. It is estimated that by au?
thorizing the city to lend $2,000,000 a
year on what ?re known as revolving
mortgages, it would in reality mean the
lending of $24,000,000 a year. It would
not only be a good investment for th?
head of a family, but for the city."
Pattern for Legislation
The telephone legislation, The Trib?
une was informed, will be patterned
after the Gibbs-Slacer bill, which wti
defeated at the last session of th?
The bill was introduced at the re?
quest of the State Conference of
Mayors, because of the 10 per cent in?
crease in rates made by the telephon?
company in upstate communities on
December 1, and which meant $1,500,
000 more annually in toll rates.
Since then the New York Telephon?
Company has increased its rate? all
ova, the state. In New York City th?
company has asked that on October 1
the rates here be increased 83 per cent.
This would mean $16,000,000 additional
revenues. Upstate the rates have been
raised 20 per cent more than that of
last December, an additional $3,500,000
for telephone users north of the Bronx.
At the time of the filing of th?
schedules in this city, J. S. McGuIJoh,
viee-president of the New York T?Ie
phone Company, said:
"Unless the increased rates ?are
granted, th? telephone service will be
literally strangled."
At the time of the introduction of
the Gibbs-Slaear bill at the last session
the telephone company offered to ape?
to its passage if it were amended so
that its retroactive features wer?
stricken out. and the company permit?
ted to continue charging the rates
filed, pending the determination of th?
justness and reasonableness of them.
The company also agreed to put up a
bond insuring the return of the in?
creased rates in the event that th?
Public Service Commission decided
that the increases were not just and
City Bas Use Bill
The bill permitting the city to en?
gage in the ownership, operation and
maintenance of its own bus lines has
been rendered necessary by the reeeat
decision of the Court of Appeals, up?
holding Supreme Court Justice Crop
ley's ruling that the city did not have
such power under the horn? rule act
ef 1913. The proposed bill will confer
specific power on the city to run it?
own busses.
Housing Measures Approval
All the housing measures, with th?
exception of th? bill permitting the
city to lend on mortgages, wer? al?
most unanimously agreed upon by th?
Lockwood ?Housing Committee at an
executive meeting held on Tuesday.
There are a few objections to this
loaning plan, but it is believed that
they will be removed when the ?com?
raittee meets ?gain on Monday.
At the request of Senator Lockwooi,
George V. McLaughlin, State Superin?
tendent of Banks, is preparing a state?
ment showing the amount of money
loaned by the savings bank? on bends
and mor?gRges and the ?mount? loaned
on other securities. M hearing* befen
th? Lockwood ?ommiit?? United Statet
3*ffi*fcer Cal?** #**** tfcat ?*?*? fiar

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