----' ' I
'tm.
Wedwmdat, October II, lMl.
Fair to-day and to-morrow; light south
erly winds.
VOL LXX1I. -NO. 41.
NEW YORK. WEDNESDAY. OCTOBER l 1 . 1911.-cph(. int. , .s ,,.- pUb,,.aa .omo,.
PRICE TWO CENTS.
LEVY ELECTION LAW
DECLARED INVALID
In Its Two Leading Features
Affecting Fusion and
Registration.
DISCRIMINATES IN VOTING
Court of Appeals Unanimous in
Its Decisions New Pri
mary Bill Hit
alp v net. io - Unanimous decisions
by the t OUIi of Appeala were handed
down to-day declaring unconstitutional
the two provisions of the new Levy law
'which have hpen contested hy the Repub
lican State organization and the Hearst
organisation.
Chief .ludge Culien wrote the opinion i
la ihe proceedings Instituted by .lohn J. I
Horr- of the Independence League de- I A PWMlShed report that Dorothv Arnold
... .'of is Kfcst Beventy-nlntb street, who dis ,
raring unconstitutional that provision of . , , ', . ' .
appeared from her home ten months ago. ,
th Levy law which prohibits the print- had been round was positively denied
ing of the name of a candidate for office 1 last night hy her brother. John W. Arnold,
.n more than one party column on the who has leen most active in the search ,
nficlsl ballot used election dev. Supreme i for 1,10 "i-"nK girl and who has always
I sort Justice Oavegan decided thia case acori ,he spokesman Tor the family.
, Mr, Arnold said thai in the afternoon
B the sime way at the outset, but the fc- ,,j ,iij .. . ,3 n, . j
rte.had boon called up at his OHIOS and
appsimw . -ivision oi ine supreme court
ovrrruled Justice Oavegan by a vote of
I to I.
Thia deciaion of the Court of Appeals
ISC ually applioahletothe official primary
ballot provided for in the direct primary
iw which just passed the Legislature
hut Which has not yet been signed by Oov
Du wherein it la provided that the name
of a candidate for a party nomination or
mmber of a party committee can appear
00 the official primary ballot only once.
imige Irving (t. Vann wrote the opin
ion i the court in the proceedings br, night
hy electors of Rutland. Jefferson county,
it which the court holds unconstitutional
tie provision requiring ai! voter in
iii -es of under o.D:hi (population win,
did not vote at lust fall's election to
apply in peraon in order to be registered
at the first meeting of the election
infpectors if such voters desire to vote
i,t this fall's election. But Judge Vann
points out that rigid requirements other
than personal registration may he thought
fiilt to apply to the rural voter.
ix-Judge D-L'hdy Herrick ma le the
pnnoipal argument before the Court of
Appeals for the constitutionality , f both
Of these provisions of the L. vy law,
KAV AT bomb RBrpatiBAa,
Chief Judge Culien in deciding that a
: of any party in addition to tho
Democratic or Republican party which
nay f'i-e with either one of the two great
lilies has just a much right to be able
Vote hia straight party ticket, aooom
ihed through fusion or not, hy making
1 r igle mark in the circle over his party
i win raps the ePorts of ballot re
'ormers to secure such changes in the
f-lartion ballot as would s ek to prevent
ttai elector from voting easily for whom
he a i i I .
' I ..ff Judge t'ullen also deolarsa that
tha Legislature might RISkc fuaiona ef
' l hy brihery or an illegal considers -tl
m criminal and punish thos. responai-
' ! hul that tiecause many coalitions
tatween bodies of si ec tore are corrupt
nr.d oriminal the Legislature cannot for-
I coalition nominations or indirectly
effo ' the same thing by rendering it more
: " ill to vote for a coalition nominee
1 .'i Vann in his opinion declaring
..... Leglilature cannot compel personal
r gist rati n in rural dlatfiota points out
.' ;r per proofs may he r''o,uireol of
r ,: . electors hy ihe Legislature within
thi limits of reason, sueh as proof by
itff4davit or by the testimony of a third
para' r to he furnished at tho first meet -I
tl n election Inapectofa, hut that the
legislature cannot under any circum
ktancen exact such proof as will involve
;' -oi,al appearance of the voter
hafore o,e election onVials. or what is
tsnnsd personal registration
THE RKiHT TO VOTE.
In bis opinion, which makes fusion of
tne Republicans and Hearstites in New
Wk city counties easy. Chief Judge
CiiOsa ta ys:
"Ir. isctlon 1 of Article I. of the State Con
llittiUon it is enacted that 'no member of
shall be disfranchised unless
. 'V 't, . ,v of the land or the judgment of
peers.' I; is therefore clear that the
OUMtWiaa plwaary power granted to the
Mgislature to prescribe the method of
Conducting elections cannot he so exer
c.bd to disfranchise constitutionally
QUaliAsd electors, and any system wf
election that unnecessarily prevents the
e.scto-from voiino-,,r from voting for the
ttnaldats of his choice violates tbe Con
e'lturi : We have said 'unnecessarily,
r there is no practicable system of con
il-i nract cab e svstem of con -
UUOtll
by ii.
elections at which some electora I
e-s or other misfortune may not:
- II . io vote. I'nder our law the
blank Plof nfforrls n v.iier w ho mav lie
' read the ballot from illiteracy
!" 'aldefSOt an opportunity to vote
ng asslstanoe and to evsry stsc
! r" ighl to vote for wnom be chooses
'' '' .g the name in the blank column
lbs line of his candidate is not on the
' '' ' ; I hese t ights were not accorded
. .. . elsotion law would be void.
'Ii I e I thsrs has been serious critl-
r,s". ' "... constitutionality of ine pros
'"'( ii bees uss so many votes have
lared void hy reason of the lr-
p. the form of the marks mad
'r tii" voters.
"U ' e,s ihe Constitution of this
state nod guarantee to eneh voter
! ' to express his will by ft single
in any other particular manner,
ir opinion the Constitution by
its that certain offlocra shall bj
l v the electora does guarantee
aS ird on Second Pag.
parole for .1011 v . 11 w,s:
Belief That One Ha II, on lirantnt. Mil
Official Announcement la Withheld.
CitlCAOO. Oct. 10. -John R. Walsh, the
Chicago hunker, was ordered paroled
hy Government officials at Washington
to-day. according to unofficial report
received in this city. Hia attorneys say
they believe the report to ho correct
Walah had been in the I nderal prison
at Fort Leavenworth. Kan., since lanuorv
i. iin.
Washington, net. in.- While it l under
stood generally here thai the hoard of
parol.' hM noted favorably upon the
application of John i; Walsh, tho
f'epartment of Justice refuses all inlor-
' matlon on the subject Robert W, Ladow,
superintendent of Federal prisons, paid
to-day that any announcement in the
matter muat come from DMVenWofth,
from Mr. Walah himself or from hll
attorney or friends.
"No exception will be madi in the
Walah OBSS," said Mr Ladow. "Groat
pressure has been brought to hoir'on
the Department to make Its decision
known in this CMC but the usual rule Will
be follow. I
Ml. I.adow made this etatemeni after
a long conference with Attorney-General
Wicker-aham. to whom the action of the
parole hoard in the Walah cae has been
referred. The decision of the hoard in
ordrr to beoome legal must be approved
hy the Attorney -General.
noun i in i:ni n SOT l ot D.
Fanitl Law yer saja That the Family Haa
'"" of Her'
questioned ovpr tlie telephone ahout a
i rumor that hia sister was either now in
I 'be city or on her way here from Europe.
: H" btd replied, he said, that hehadfrom
ine nrsi ma le u a po'tu not it n.aous.-
he case at his offi,e and the mutter so
far as he was concerned ended there.
From this telephone conversation, so
Mr. Arnold thought, grew the report
published that he had given color to the
rumor hy suggesting that more might be
learned by seeing him at his home.
The fact that the Arnold home on Fast
Seventy-ninth street, Which has I een
closed during the summer, was opened
yesterday led to another report that ihe
missing girl had "returned home, but it
was said by another member of the fam
ily that such was not the case John S.
Keith, the Arnolds' lawyer who called
upon John W, Arnold after receiving the
report said afterward that the family
had no news of Miss Arnold.
FOt Ml VOTBB.M STILL LIVIKO.
Father llrnthers ;et Home From F.itrnpe
In Time to Hate llrr Recognize Him.
Oranok. N J., I let 1" Mrs Kath
srins Bro hers. mother of the Kev Will
iam A Brothers, rector of the Church
of the immaculate Conception, Mont-
eluir, died at the home of her daughter.
Mrs Jamea D Moriarty,
iivcm,.. Ibis i'II'V TO- lav
:9 Mount Vornon i
ll little less t l:ltl
twenty-four hours' after h-r son thei " f"1"'" ,"!
, . , - . . nation in the splendid and aubatAntlal
pne; arrive,, from abroad auccesa attained bj a Hon,,-., rati,- . engres.
Yesterday while the priest yet had , Mi rtwinat to fulnl the promises made to
the la-t stage of his long journey to cover : ,(,.. people in the Democratic national plat
it was thought that Mr- Brothers would I form by paaains laws designed tor down
pass away without hb - ing K'.-p 'he realia ward revision of the tariff The Democratic
ilnn or thai one wish Rxnreaaad reneated lr majority In the Ho;, t Rspreseniat I vea
dunngher last illness An amot.ioiiile wa
obtained and the son horned across the
twelve mile still separating them Whi n
Ihe reached the sickroom Mrs Brother-
was unconscious, nut ane revived utter
and recognized him
Four other sons and one daughter
survive Mrs Brothers She was 74 yenr,
oid and was a native of Inland. The
mass of requiem, which will be held in
St John's Church, Orange, on Thursday
morning, will h. ivmducted hy the son
who hurried home to see her before deaih
COM ORO WAS MRS. EDDYS HOME.
Massachusetts .fudge Finds That Sihi
Never Chsngeil Domicile.
Bohtov. t in .Justice Morton of
the Supreme Court in an opinion handed
down to-day sustained the decree of thei
Probate Court allowing Mrs Mary Baker
G. Eddy'a will as a foreign one
Jusiiee Morton finds that Mrs. Eddy's
domicile was inVoneord. N H . when she
died and that she never legally c hanged it
to Chestnut Hill, Newton
Attorney-General Swift and Treasurer
Stevens had set up the claim that Mrs.
F.ddy resided in Newton at 'he time of
her death and that the will should he
probated in Middlesex county as the
original. Thin would give Massachusetts
a large Inheritance tax from the property
left hy the founder of Christian Science.
A decree was entered according to
Justice Morton's ruling this aiiernoon.
The matter will he taken to the full bench
of the Supreme Court
LOST SCROOLOIRL BACK,
Nays She Went liver to M'eehawken and
Nlepl'on a Veranda.
Mav f.ew,s rhe fniirteen-vear-old
I daueh'er of Mrs Anna B Lewis of 169
E.jft Niuoty-sixth sir,. a,
who had hiei:
missing from her home sinee Monday
i niorniti' wnen warn mi io m io moumi,
crtn.o homo at f o'clock last night Stv
seid thai on her way to school a boy had
i Stolen her transfer i logo! that let her in a
aciiool at Ninety-third sl t r.nd Lex-
. in '.ton venue
Sh" ii on i fell very keen
ahout school anyw.iy, so she wen: down
town she romemnerea onoo . am wrn
h.-r u.oih'T to Atlantic Highlands, si she
w. nt to the West Forty-asoonH s e n
ferry and over to J, -. There she
wuiked around in the liille for .'. while,
wln n she felt sleepy, so she won' on the
porch of an unoccupied house and slept
all nic-lit Yierdy n.ornmx two old
Indies took her in and I. d her Tl. .
they re. d in a paper about a girl like !j,
having left homo und Msy returned hv
lu h"r home
Charles M gehwsb n Faklg,
ibK: Oct inr-Charlea M. ftehwab.
while awaiting the arrix-al of highrChijese
naval dignitaries, ia taking Btock of the
great Chinese wall and seeing other
sights.
B0ns a- STOCK CERTIFICATES
Enirsvcd and printed by Corllea, Macy a Co.
IfSsT, Jho Street ratahllahe,! 1M7 - Air.
HARBURGER UP FOR SHERIFF
T. D.SVLLIVAN HAD THE l HOICK
WITH A HIST TO PICK A JKW,
Tammany Convention Nominate- llrnry
II. Hot chit las tor Fourth aiiiprenie
I'oort Place arotl. Pendleton, to
linlnn and Fowler Alio Nominated.
TkU I. e. ... . i .
I nia ta the I ammnnv rnuntv ticket :
For ,luh0rl of Mr Sepemr f?oiirt I'ran-
M Brett, Daniel r. cohalan, Francis
k Penrilston and iionrv it Hotcbklss
For fl tirrnnalr Hobert tlUdlOW Kowler.
For s'.t h f-Julius Harburgsr.
There was no opposition of any kind
to it on Ihe floor of the Tammany con
vention, hut the making up of the ticket
caused a lot' of tribulation to ('buries
F. Murphy and his advisers in tho ,.arly
part of the evening. The trouble was
over the office of Sheriff. Christie Sulli
van, who had the nomination two years
ago and was detente,?, wanted it again
this year, but Mr. Murphy thought that
would he had policy. The friends of
Petet J. Doolmg and Frank J Goodwin
when they heard that Christie v.as out
Sought to get the nomination for their
candidate But Mr Murphy refused
to listen n them. Me held that as oic-iom
had alwavs given the nomination of
i Sheriff to the Sullivan organization he
! would not break awav from it this year.
I He told Big Tim Sullivan that be could
name tic candidate and he suggested that
the choice should be some on" who could
Influence the Jewish vot
That brought
about the noini nation of Julius liar burger
In the afternoon a conference was held at j
the office of William D. Outhrie between I
the hea.is .,f Tammany Hall. Mr Outhrie.
sx-Juatice Morgan J. O'Brien and Charles ,
Burlinghume, representing the Bar Asso
ciation, and Alton B Parker for the County
Lasryers Association. These represent
atives of the two leading lawyers' asso
ciations told the Tammany committee
that li e judicial ticket which had been
decide,! upon was entirely agreeable to
thent. They praised the work of Justices
Scott, Cohalan and Pendleton and the
choice of Mr. Hotchkisa as the fourth
Judge
Congressman Henry M. Ooldfogle was
made chairman of the convention The
platform says:
e consratulate the Democracy of the
Stale upon ih excellent reeord made by a !
Democratic tlovernor and a Democratic I
Ueffialature, who labored diligently and
en,-, uve.y 10 i, urn an ine promises nuu
in I lie M'nii, in ,n;c IM.'lTiei lll r. I ' II anil .
every pledge made therein ha- ben re
deemed. Btatewide election reform, income
t ,. direct election bj ihe people t i nlted
Htatci Senatora, parcels post extension,
tax reform, canal ami water from improve
ments, direct primaries, provlsiou f-r
barge canal terminals, a rational ami
,'uuitahie revision of the Inheritance tax
kt together with legislation eefeguardlns
1 ttie fiiibhc health aeo lawa sffSCttng capital
and labor and the welfare of all claaaea of
I the peopls have been enacted, fheee ini-
p riani retornta iii net only tneemcieni y
a: l devol ion to the public intereata of i,ov
John v. in and a Democratic Legteleture
hut they ni' i'v.' tratlfylna svldence of
the capacity of the Democratic party to pro-
vide honest and able officiate for the admtnle-
I
has indeed done much lo simulate Demo
cratlc hnts and expectation and to en
c turage Democrat le effort for 1813.
democratic su, cess m the nation niear.
.wis., and sale , etist r,..t lenai government
peace at home and abroad, honeal pu
jo. ;
I service, economy in public sxpeni
I auction 111 """ unreaaouaois ami huh cost
,i iivmg, inereoy contributing io general
prosperity and happiness, because De-
mocracv has always opposed truets
bv
whomeoever formed, sapocisliy those o
gtni.ed to limit production and advan
prices agains' the welfare i i he p
ople.
J'lstic
Robert L Luce
nominate I
Scott. Morgan J O'Brien put Justice
Cohalan in nomination, and I'. Burnham
Moffatl named Justice Pendleton. Col.
Asa Bird Gardiner nominated Mr, Fow ler
for Surrogate, and Congressman William
Sulaer presented Mr Karburger's name,
After l!n nominal ion for Sheriff had
been mads ihe meeting began to break
up. but Mr Ooldfogle explained that
there was other work for U' convention.
Secret. xry Thomas P. Smith read a resolu
tion Whioh had been preM.r,xl hy the
OXSCUtlvS OOminltteO to the effei t that
while the nomination of a fourth Judge
had not been provided for in the primary
call the Legislature had passed and the
(lovoruor had signed a bill for the election
of un additional Justice in this district,
atld that the Secretary of Slate had issued
a notice to the political organization
, ailing upon them at their conventions
t., make a fourth nomination
The resolution wound up with a clause
to the effect that in view of the mandator)'
provisions of the act Ihe convention
hhould proceed to make such a nomination.
Tins formality was gone through and Mr.
HotahkJsS was named.
The lawyers on the Tammany executive
committee deoldod that this would he the
beat course to follow. They ad Vised that
the convention should go moid and make
the nomination and that if there should
bo any questions raised as to the seeming
OoniiiOt botWOen the constitution and the
public officers' act it would bS a matter
lor the courts.
t P0I8QS MY ST em
Georgia n -v .-.:.. i . Taken in in iioiet
i)i Friends vanish,
John A. Martin, Jr., a real estate man
of Hahira, 0s., who arrived here Sunday
on Ins way to Beaton where ho was to
Start 'n the Glidrten automobils tour,
'.is in Beiievue Hospital suffering from
II Chloral poisoning, and his two little
. daughters whom hs brought xvith him
r I grain theoars of t.,s Cbildrsn's society
r I waiting until th ur fs -i recovors.
I The girls n,-o Ruby, years old. and
Jessie, 1 y.tira ld, nuby save that her
father shipped nia uitomobiie to this
Smith uuci Joseph E. SorugSf, also of
Hantra, arnvaa nere nunaay and went
to the Hoiel Churrhtii at Fourteenth
eireet and Broadway. On Sunday her
f ether waa taken 111 and yesterday hia
condition benamo such that he was taken
to BellSVUe Hospital, nuby rtoesn t know
1 what made her father III.
I Dr. Smith and Mr. Scruges left
hotel, the room clerk said.
tbe
sua no so i. o i t:it hii is two,
Break From lluartera fter Arrest end
Riina Amurk.
BrsMNciTos. vt , Oct io Thomas
Carlisle, a negro private in the Tenth
Cavalry, stationed at Fort F.than Allen.
wan arrested to-day and sant to his quar
ters on the complain! of another trooper,
Andrew C Fox. Ilia Run and cartridge
were not taken from Inn.
Carlisle Spent the morning brooding.
About noon ne rnsnoti , nit ot tne narraras
, ,. , . , ,, . .
and killed r ox bv sending S bullet through
his hklln other soldiers ran toward
Carlisle, bui he lorinted down the road
and ran into Btuefort'a restaurant.
He rushed upstairs, broke into the room
of a young colored woman. Clara Wash
ington, am shot her dead. Another
Colored girl came in and Carlisle shot
her also, she probably w ill die.
For twenty minutes Carlisle stood at a
window and tired every bullet he hnd left
at soldier.- who surrounded the house
One of them killed Capt, Oodaon'a horse
While Carlisle was shooting Lieut Blaine,
a white officer, crept toward the house
through underbrush and shot Carlisle
through the hip.
JvsTiFinn is SBOOTisa nor.
fur) teqUltS Jsnltet Who Had Hern
Htilhered liy Hoodlums.
Frederick Hickey, janitor of the Donac
apartment house at Forty-ninth street
ami Fight h avenue, who has been on
trial tot manslaughter before Judge
Melons in fieneral Seseione, was acquitted
yesterday The jury was out five minutes
Hickey shot Bartholomew Peluso. a
hoy 11 years old. who was xvith a gang
that had been annoying Hickey for some
time Iheaham Lew counsel for Hieliov
h.((1 (jumbsr of witnesses on the stand
;o show the disorderly character of tho
hands of boys who gathered in that
neighborhood The witnesses asiced
that Hickey went up with his revolver to
scare the boys away only after ash cans
had been upset in the areawar and a
fusillade of cans and hottles had greeted
the men who tried to clear up the muss
The principal witnesses for the prosecu
tion were several boys who had been
hanging around the apartment house
the exening of May 12. wheft Teluso was
shot
HA HO TIMES A HE AH. SAYS II III,.
Head of l;rrat nrthern Saye More Men
Hill He Idle Than Fver Before.
St. PaCL, Oct. in. "There siill he more
idle men this winter than ever before,"
predicted Jamea J Hill this afternoon in
discussing business.
" rhis is the reason.'' continued the
chairmen
if the (ireat Northern road.
-uur co pacny tor proaueiion along in
dustrial lines has grown faster than our
consumption along the same lines.
"Some years ago t lie farmer had to
raise enough io feed himself and another
man in the cities; now he must raise
enough for himself And for two other
men. on account of the movement to in
dustry rather than farms."
"Business is sound." He affirmed, "but
no new enterprises are being started
The polpic.ns a. id newspapers are to
. . .!
blame. There is too much l
KHIUOO
ghost dancing. The people SrS not given
the facts. There is uncertainly as to the
.,
account of the
supiwni
Court decision.
DC El. FOR A
f.Ol ERSORSHIP.
Rrxnald'a Murderous Proposal for Net- J
lllng Mexlran I onlrox era) .
i
MaXICO Citt. Oct. 10. Senor Rev-
nald. the candidate for Governor of the!
-.ate oi . itt.ipas. win, ii.-sti.-T. to ciiaou.
Die capital lo San Cristobal from Tuxtla.
Uutierrea, has challenged BeAor Torres,
ntlv proclaimed Governor there, to
a duel t,
I of govei
to the death to settle the question
! Governorship and the location of the
capital, These are the proposed terms
of the duel
Two pistols exactly alike are to be
placed ill a bag; one in to lie loaded and
ihe other not Torres has the privilege
of withdrawing a pistol ind leaving the
oilier for Keypald They ere then to
Stand Wch i he pie, o Is Bgsinst epch other's
heart ' hd at the given womI to fire The
one who iice is to is Governor and the
capital is to lie tot aled Bl his choice,
ll is not believed that Torres will ac
cept. Inn the challenge is causing much
comment in Mexico on aooount of the
prominence of the persons concerned.
Tn rinsns to BASK his MISD,
Escaped Convict, Received by i;nod pen.
pie. t'onstantlj Feared Bspesnrs,
uunum, via., wwi. m. ruuuw uy mi
of capture so thai he dreamed nightlv
of being returned to prison. Orvllle ('as-
trrhne. who escaped months ago from the
.... ,
Ohio penitent,,, ry. went to the county jail
to-liay and surrendered lo Sheriff Gilbert,
with the request thai ihe Ohio authori -
lies he notified. ,
rUerline -.1.1 lhat he xvas .entnnced
to serve fifteen yeais for burglary and
had served fort v-seven months of the
time when the opportunity toesoaps came
. ."tile, lUVtlHWIIIIl IIINIHI IIUiaUH v.in-
gsrlins began a trip oxer the Cmted
1 States, which some months ago ended at
Dublin, where he got employment and
was doing w ell i'askerline was well liked
y his employers and was received among
good people He said that the thought
that he was a convict and was imposing
on people made him miserable
IMPROYIXO THE LADIES.
Aldermen I.eaxe Them Hatpins, hut Pro.
pnae tn Take xvay CIgaretl e.
The Aldermen having failed to put
throuch an ordinance preventing women
from wearing pr truding hatpins frank
Pow ling, the lammanv floor leader,
undertook yesterday to slop them amok-
'
ing in restaurants. "It is outrageous '
exclaim, UMr. Dowinc. "and we ought
to have some law to prohibit it. That
women should he allowed to smoke in
open places is intoieranie; 11 is ansoiuieiy
Against all public morality and is an
' all miit to public decency.
! Then Mr. Dowlinor read a resolution
CuUng upon the Corporation Counsel for!
' an opinion as to what the Aldermen could '
! '1? abouUt. The resolution was passed
; without discussion and without thssent.
ldrnnen to Invcstitgatr Thrmaelvea.
The Aldermen are going to investigate
themstilvea to find out if the Citizena
Union allegations are true that they im-
1 Ped6 public businosn and merely carry
I out orders received from party head
k ! quarters. ThaCommlttee on Rules ie to
annolnt the Investtaatlna committee.
quarters. The,t.ommlttee on Kules i to
I Tno Aldermen believe that they will be
I exonerated
VOTES FOR WOMEN IN DOUBT
i
CALIFORNIA adopts recall
isclvdish .ivddes.
Twenty-one of Twenty-three Amendments
to the Constitution, monn Them the
Referendum and F'.mplnyrra Liability .
net Hlg Majority In special l.lrctlon.
San FnANriaco, Oct. in. -Although
suffrage leaders in Los Angeles and this
city hove practically given up the fight
and tho returns are coming in slowly
reports from oil parts of the State indicate
that the result of to-day's election on
constitutional amendments, so far as
sutlrage is concerned, is in doubt.
Figures from All parts of the Slate, in
cluding this city, give suffrage ,gtl to
; 0.7OS against. The country districts are
running for the women, while in this oity
the majority against them appears to !
about lo.oon
I'heinitiative, referendum, wall, whiih
includes Judges, and the employers' lia
blllty will he adopted by a majority of
S to 1
The defeat of suffrage, if it la de
feated, will ! a distinct surprise, as
it was thought that the women
had made a successful light. It was
expected that this city would cast its
vote ngainat the amendment, while in
southern California suffrage leaders ex
liected to roll up a great majority which
would insure victory.
Los Angeles disappointed the suffrage
workers, as the returns show I 735 for suf
rage and i.S:'.' against On the face of
these returns Los Angeles county will gi-e
suffrage a little more than o.ooii majority
while this city will give an adverse ma
jority of more than lO.otm.
Never in the history of the State waa
such a well organized campaign made on
a political issue as that of tha suffragists!
but apparently this very activity waa
one of the factors in their weakness Fot
two weeks women of all ages and condi
tions have been making o canvass of the
State. Automobile tours were made
through the country districts, and during
the last few days thia city was the centre
of the fight Open air meetings in thoi
streets and squares were held night and
day.
To-day more than a thousand women
were stationed at x-arious polling places
and ex-ery voter was stopped and urged
to vote for suffrage. The hundred foot
limits were disregarded and button
holing continued up to Ihe very floors
of the liooths in many instances.
"Many voters were t unod against the
women ' hy the spectacle they afforded
in their eagerness to Win men lo their
cause.
In West Oakland precincts, where there
are many negro employees of the Southern
Pacific, young colore 1 w. men stood near
the polling p laces handing to voters yel
low d algers h aring words: "Justice for
Women " Similar ards were Scattered
II. . .
I by th million thr lUghoUl ihe State
j Scores of voters who planned to vote
i ior MiorHi unwixmi iiivii hiiuui a i iei
they had been homlvarded with suffrage
literature and held up on the streets hy
txagLH, Oct 10 Karly returns
to-night indicate that the voters of CaU
fornia have approved twenty-two of the
twenty-three constitutional amendments
submitted to them at to-day's election
1 here was little opposition to the
i t ,
nta with the exception of the one
giving women the right to vote
Women were divided on this question,
and some fought it as bitterly as their
sisters supported it
BLACK HAND BOMB HILLS 4.
Proprietor of Tenement Had Refused
nonymoua Ilemand for mi. mm
WiiKEhlso. W. Va . Oct. in Four ier-I
sons perished in a Black Hand outrage In j
Benwt.od. a suburb, early to-day A big I
frame tenement housing forty (wrsons f
was blown up at 2:4S, and in the tire which
followed the building was consumed
The dead are N l.etuck. Mrs Kdward '
Kaloniski. Mary Kaloniski. agi-d II. aid
an unknown man The police think there
are two more bodies In the dabris
ll,.- hi ii in- " rs nit vi ,,, i ii.-.i ii rvioii-
IbhI About 2:iB ihcre wa. a terrific ex -
plosion w-hich tore away ihe front and
side walla, indicating that a charge of aome
powerful explosive had been pla, ,h! in
one , tuner of the building
a n,b..r .,f the tenants i,,m,-uvH fr...
i windows, hut betoie all were able to
I escape flamen began eating the debris
The fire spread rapidly and soon the entire
''Uilding was enveloped
The bin ding was blown up. it is he-
,jpvpc, lt, Kajoniski hart refused to
lnilK(, terms wiili the Black Hand A short
1 time ago he received a let t ei demanding
jthat he leave 11,500 al a lonely sKil near
U1S nome. DUI IW I urnco WS leuer over to
i the polios
UETS LETTER AFTER 47 YEARS.
Mas Written at Fort Monroe in War
Time hy amldler lo Wife.
i Wilkesbabrk. Pa.. Oct. in.- John Nad
den of Towanda, who was a member of the
Third Pennsylvania Heavy Artillery dur
ing the civil war, has just received a letter
i which he wrote to his wife while stationed
st Fort Monroe fort y-seven years ago.
Where the letter has been all these
! years be does not know. It arrived in
'a different envelope from that in which
'it was sent and it was postmarked To
wanda. i received by aome person for whom it
was not intended and has been either
.uauaen a impression is that it was
neio or m.siaia. What the motive is
for returning It at this late day he does
ri i I L tx Am I n t L.i I aI - V . . I. -
I hlg wif , hjm H ejjj;
, pants
I
j .4 PARK FOI'XDLIXti.
Weeping Woman Placea Bshy Olrl
Buahea anil Hurries wa.
In
Oeorge Little, a real estate broker of
3,14 Fifth avenue, sawa pale young woman,
wownsd in black. placea Utile hahv in the
u...v- .... X 1 u .u
"not ,:,-,u inn ,,t cue ittin at MIIIT1I
avenue entrance to Central Park yeater
day afternoon and hurry away. She was
weeping. little oalled Policeman Angc
Une, wno took the baby to the Arsenal.
The child was a girl, two months old.
and well dressed It was taken to Bollevue
Hospital and placed in the foundling
. ward.
COLUMBUS BAT Ol tlM.
to PnuahkretiR or Hlnntun Point sn.1 return
on the nay I.lifc Htr. HFNplitCK Hfiisos irtr
! OtiV, HOYT WFOS SVRSF.
rnmmsnder of the department of Ihe
pjikea Takes Hrlde an Veers Ilia Junior.
PKltaSOIbratA, Oct 10.-Brlg.-Oen.
Ralph Wilson Hoyt. 0 S. A , commander
of the Department of the f.akes, and
Miss Cora McKeeVer llarliold of Dills
burg, York county. Pa . a trained nurse,
were married this afternoon at the home
of Mr and Mrs. Thomas D Richardson in
Oermanlown
The bride came here from Dillshurg
and was graduated from the nthoprdtc
Hospital After receiving her diploma
she went west to visit n, brother, Maul
Robert H Harbold. f S A . Who is on
duty at St I'aiilluudcr den Hoyt and
while there met the General Mils was
the beginning of th" romance that brought
about to-day's wislditig.
The Geneva! has many frier, Is in this
city, hul few of them knew anything
about the marriage This morning the
General went to the City Hall and got
a marriage U 00000, He gave hia name
and tille and said he was Lorn in Mllo.
Y'atee county. N. Y"., October 9. IM9
Miss Harlxild's birthplace was given as
Dillshurg anil she was horn February
4, IH7B The General is a widower.
Immediately after the ceremony the
General and his bride hurried away in an
automobile
iahfs OIVKS A MILLION,
Mission Foundation F'.siahlHheil hy Son or
H. Illllla .lames.
Mll.WAt-KEt:. Wis., Oct. in. The annual I
report of the American Board of Com- '
missioners of Foreign Missions shows I
that Ihe largest ffifl ever msrle bv n
Individual while still living was made !
to the board this year lor ita colleges ,
in foreign lands, an ever. $1,000,000 as
a founds tion in memory of D. Willis
James of New York ,v his son.
SAFE 8 AVISOS FOR LANDLORDS,
Yen Are a rroek and a Cur" ot Mlander
of a Tenant In Default.
The extent to which a landlord may go
in addressing a tenant who doesn't pay
his rent was indicated yesterday hy Su
nreme Court Justice Pfmolleton ,n die
missinc a eomnlaint hr cirrhr bv -1 n . . H 1
M. Adams against Walter W. Tinsley
for Sin.onn for slonder. Adams said that
Tinsley remarked. "You are a crook
and a cnr."
In his defence Tinsley said that Adams
was behind in his rent and that he was
endeavoring to collect.
CLEARED uAND PROMOTED.
t oroner'a Jury I xonerates Policeman
Mho Killed Burglar.
A Coroner'a jury in Tho Bronx yester
day exonerated Patrolman John Bren
necke of the Alexander ox-enue station
from the technical homicide charge made
against him after he shot a burglar in
the rear of 27a Fas' 137th street early
Monday morning Brennecke, who fig-. Turks would no doubt attempt to enter
ured prominently in the running pistol I Tripoli at night.
fight with two men alleged to have Ample precautions were taken to re
broken into a United Cigar Store, was j enforce the posts, particularly the new
theu congratulated by Coroner Schwan- works to the south. The war ships were
necke. who directed ( apt Pos. to replace I about four miles off shore,
his policeman's shield Police Com- I The Turks were discovered about t
i.ussioner Waldo has promoted him to a
firsi
grade detective and to-day he will
go to headquarters to get the gold shield
of the detective bureau
The man killed by Brennecke was
identified yesterday as Henry Cooperman
a junk dealer of 2ia Liberty avenue. Ja
maica. I. I.
MBS. C. P. HVNTINOTOS PAYS.
Mrvcr Begrudges I nele Mam the Unties
ss.immi This 1 Ime.
Mrs Co Ilia P Huntington, who arrived
yesterday by the North German Lloyd
liner Ki'onprinzssin Ceoilie, iairt the
biggest duty when she got in lest fall of
any individual who ever has brought
dutiable articles into this port. She
lielieves thai I'ncle Sam is entitled to all
the law allows Her contribution to the
general t offer yesterday was s .000
FIRST .IAIL SKNTBSCB,
Maying Picture Wiowman Mho trtmllted
I htlitren Gets 20 llaya.
Moses Maa. the proprietor of a moving !
and I'ltt atreita, was convicted in the
court of Spec al sessions yesterday of
. ' - J
iM,n. ,.n.,"i n- - 1.1 , , ...... .
1 unaccompanied by a guardian. He was
11 ntenoed to s"e twenty days in the
City iv.sou. whioh is the first time s mov-
I ine pjr,llrn imp.-esarin here hr.s been
I '. . . . ,.
' PUnlahod by a Juil sentence Hia COO-
-aiciiou was ooiameu inaiuiy uimuimi
the efforts of the t "nit y Club, an East
Side organisation formed last August
for the purpose of putting a stop to the
praotios of moving picture proprietors of
allowing children in to see their shows
Supt Moor" of the Gerry society told
the Jur.t.ces that M.irs'o place was the
worst in the ci;y.
A CBLLAB HIS PRISOS.
small Box laickrrt I p I'nderground
Father Parent la Arretted.
A en., imcecfor try Ink' .to iret into
the cellar a' SH Fust avenue yesterday
t-nm., found inside a Hve-vsar-old
boy. Walter Wyrth. who said that his
father. Frank xxyrth, had locked him
in there as punishment for playing with
matches Last night the policeof the East
Twenty-second street station arrested the
father when he came home from work
ami charged him with abandoning his
boy in the , ellar from Monday morning
until yesterday noon.
The man admitted, the police say,
that he locked up his son hut explained
that the hoy had t ried several limes to
. ft . i a. a . - 1 . - 1
set fire to the house and was continually
playing with matches Other means
of correction had been tried, he said,
and this was resort od to as a final ex
pedient The boy io being cared for by
the Children's society until the matter
can be disposed of in court to-day.
Power Brakes Ordered on surface Cera.
The Public Service Commission adopted
yesterday an order requiring the trolley
companies lo use power brakes on all
1 passenger cars weighing over ua.iwi
I pounds. It is also ordered thai all a
, senger double track ears'shall bo equipped
with geared hand brakes in addlunn lo
the power hrakos. The companies have
until June l next to make the equipments.
Mlttritw the new tlyllth eyeslasaes, Blalfht or
Tnrlc Petiblsi. apenrer'n, nuw 7 Maiden Lane,
-tde.
ITALIANS VICTORS
IN DATTLE BY NIGHT
Searchlights Sweep Attack
ing Turkish Lines
at Tripoli.
ARABS GAVE A WARNING
Surprise Fails and King Victor's
Marines Fight Like
Veterans.
SpMal CatU DMSftrSrl t" tbe srti.
Pafis. Oct in The TVoipi. in a de
spatch from Tripoli by way of Malta,
my that the Turks risked a regular en
gagement with the Italians' advanced
post- yesterday, especially near Bourn
liana Springs Firing was heavy on both
sides. The Italiin warships which were
off shore supported the Italians and the
cannonading continued until nearly dawn,
The Turks retired with losses but not one
Italian was killed.
Other despatches from Tripoli say that
the Turkish troops made a determined
night attack upon the Italians with the
object of cutting the aqueduct that aup
lilies Tripoli with water. The Italian
force, -.'.soft strong, repelled the attack.
The main body of the Turkish force ie
Slid to he massed in the mountains, two
days march from Tripoli.
Vien-na. Oct. in. A despatch from
Tripoli to the Corritrt Htlln Srra. Milan's
largest paper, says that 3.000 Turks
attacked the forts to-day and that there
was sharp fighting for several houra.
The cruisers in the harbor participated
in the fighting and there wereoonsiderable
louse on both sides. The Turks Anally
retreated, leaving a number of dead and
wounded. Some of the Turks were taken
prisoners.
London. Oct. It. The Dnify Tfjrnph
in a Tripoli despatch from Benti'l Bur
leigh, their war correspondent, says that
the Italians have won their first land bat
tle in fine shape. The friendly Arabs gave
the Italians warning of the probable at
gack hy the Turks. They said that the
o'clock in the morning adx-ancing in two
; columns supported by field guns. For-
; innately it was a bright moonhcht nieht
and the Italians ashore were judiciously
j assisted bv searehliehts.
All night the Turks approached Tripoli
! in good order. There were thousands of
:them. supported by native auxiliaries,
i When they were within a few hundred
j yards (he marines behind the works and
I in the trenches poured into their ranks a
i tremendous lire rifle, supported hy ma
j chine guns and field artillery.
I The intended Turkish surprise entirely
failed hut the Ottomans stood to the
'attack, courageously replying to the
. intrenched Italiams with a heavy lire and
striving to press home the action, first
on i he west
I The Italian marines, however, were
i not shaken They were undaunted and
! fought most brilliantly, firing with steady
'and deadly accuracy. They lieal back
every attempt of the enemy. From 1:30
I f? ' A. M" f w? A,tw
II1HI I, ,iwnio,e,i alio ceas..i I lie enemy
retreated with severe losses.
( in the eastern aide th" ai : ek,ng col
umn of Turks tried lo turn that flank of
the Italian defence They advanced
i-To lie ii.. n oell ano inrew shrui-in-
which fell near the Keparto factory hy the
sea The Italians held fast and drovo
away every advance on front or flank
The hehaxdor of tho sturdy marines was
admirable, It could not tmx-e been bel
ief among any troops The fleet, cleverly
in-ranged, contributed to the success of
the defence. When the rifle fire became)
heavy sex-eral vessels, including the
cruisers and battleships, opened up with
their minor batteries, directing their shells
over the town SO that they might fall
among the lurks and cover tho Italian
front flanks against rushes en masse.
The firing of the fleet was deliberate and
well placed and was directed by signals
.aid wireless.
After the rifle fire had ceaaed the ahipa
! continued to pursue the retreating foe
' with shells from their heavier batteriea.
woiuuing me n ,cn ana w men guns,
The firing continued until 6 A M. The
Italian casualties were slight. People
in Tripoli remained indoore and were
confident of Italian victory.
The Times in a despatch from Tripoli
dated October S says that more or leas
trustxvorthy information from the'interior
ehows that the Turks are in a very' serious
plight Munir Pasha, the rommandsr
of the troops, appears to be a dear old
gentleman incapable of independent ac
tion when instructions from stamooul
are lacking
The bulk of the Turkish force is esti
mated at some 10,000. but it is probably
nearer 5,000. It appears that it has been
marched backward and forward in tbe
desert and when the despatch was written
had not decided to attack the Italian naval
brigade. The despatch says that the
indecision of the commander had caused
the f. ircie to be halted within a day's march
outside of Tripoli and that Ihe baggage
without an escort has been sont to the
interior, while the esmel men realising
that the Turkish regime waa over walked
off with the oamels and their ioada.
Nearly all the local eonacrlpts and all
of the locally armed Araba are eald to
have deserted.
The Doily MaV Constantinople oorrs
pendent has bad an Interview with Mhev
ket Pasha, the Turkiah Minister or War.
Shevket la quoted as saying "Tbe war