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THE WEATHER FORECAST. '
;ht rain to-day and colder to-night; gen ii, erallv fair and colder to-morrow. mis ctallcd weather reports will be found on page 15. VOL. LXXIX. NO. ITS. NEW YORK, TUESDAY, FEBRUARY 20, 1912. Copurlnhl, 1012, by the Sun Printing and Publithing Attociation. PRICE TWO CENTS. GiVES OVER $1, TO THE MUfEUM OF.ABT Irnncis 1. Lclnnrt Springs n Snr pii?c After Annnnl. Meeting of Metropolitan Members. OIFT IS UNCONDITIONAL J.Ikrlv That Only lhi- Income. Will Bo I sort - Robert W. tic Forest ns to Mnrcnn Colieetons Here.. Rebel A do Fi rest, second vice-president of ,io Motropitlliaii Museum of Art. snnountwl lust night that Francis L. Lel&nd, president of the Now York County .Vational Hank , hag made in unconditional pft to the museum of 1.200 shares of the ftick of that bank, valued at morn thin $1,000,000. The gift r.M annouiiiHl by Mr. Lelaud to Mr de Forest and J. Pinvont Morgan, Jr . who at the conclusion o' the annual meeting of the museum held yesterday tfteaooa were invited to call upon Mr. Leiand ft his residence. 137 Riverside Drive, in regard to a gift to the museum. When th gift was announced by Mr. Llnd Mr de Forest suggested it be Made in the form of a letter and the fol lowing was handed to Mr. do Forest: February IP, 1013. k' Fwprnt Moraan, Kfq., President Metro rrhtan Mutrtim 0 Art. Dtir. Sir 1 herewith make a Rift out t:cht of one thousand two hundred ll.ioo) fhe of the Now Vork County National Bnk Mock to the Metropolitan Museum of rt, without condition. Very truly ours, Frusns I, I.khmi. The Quotation of New York County Vstional Hank stock yestorduy was Mo bid and 000 asked. Mr do Forest in speaking of the gift !t night said: WML' tho gift la absolutely uncondi tional, the trustees of tho museum, in my judgment will hold it as a principal fund, th income of xrlUch will be used chiefly, not entirely, for the purchase of art." The annual income of Mr Inland's tfft o the museum, it was estimated, will be about Hs.OOO. The announcement of the gift came as i currno to Rvery one connected with 'he miK-ouir, for Mr. Leiand, although t" hi eer an annual member of tho n'JSfum .saying $10 a year, had never rn in any way prominent in its affairs c intimate wfth those at the head of it. Mr. Lolar.d Is about 73 years old and a veteran f the civil war. He was one of the tixty-lour members of tho tenth com pany of 'ho Seventh Kegiment who served " volunteers or in the regular army ,(r Leiand came out of the war Lieutenant-Colonel and is known to hie friends i'C? Leiand." Beeldes being president ef the New York County National Bank, fc is n director of the Manhattan Screw and Stamping Works, of Park A- Tilford tnd of the United States Life Insurance Cemplny, and vice-president and a direc rr of the West Side Bank. Mr. Leiand spends much of his time at hit viUa. the Villa Tivoli, in Florence, tu'y He married an Italian lnV. Miss Adelaido Monte. His wife is now abroad. Heisr. member of the Xew York Yacht lub and tho Loyal Legion. The gift made by him yesterday is on of the four largest received by tho museum and tho largest ever received in the life time of the donor. In the current number of the Rullttin of the Metropolitan Museum of Art, out to-day, Mr do Forest makes a statement m regard to J. Pierpont Morgan's art treasures and the museum, Mr. de Forest ivs "Th widespread publicity that has been Civn by the press to Mr. Morgan's trans fer of his collections from the Victoria wd Albert Museum In London to New York and the inferences drawn of his in tentions toward our Metropolitan Museum tall for borne statement from his fellow trustees in his absence, to distinguish f.vt from fiction und to prevent public misunderstanding What we know is that for several years pa" Mr Morgan his intended to assemble m his natlvo country his works of art 'ht have been lent to European museums f.nd tht hn hap arranged to carry out ihis intention now as respects those in 1 Victoria nnd Albert and other Euro f'fkD museums by bringing them to New Wk Arrangements have been mado by tho Metropolitan Museum to receive on stor fR" all that he sends and to display at I-! temporarily such of them as he may t' willing to place on exhibition. "They will be shown in several galleries cf the new wing now approaching com pletion, which wero originally intended for other purposes. Of Mr. Morgan's further intentions wo have no knowledge. Whether he intends to bring over moro i'T less wo do not know. Possibly ho may rot Jihvo mado up his mind himself. His recent gifts to tho museum have been numerous and generous in the extreme, His loan have been even more important. 'Ih eighteenth century part of the Ho entwhel collection was given; the Gothio Ptrt h lent, his unrivalled collection of f'hine-e porcelains is a loun. "What we do know is that even if tho Cilleries which can now bo used to show mm of his treasures can bo permanently fl'votto; to tho purpose, the space is ti"r!y inadequate to exhibit all of them, and notlmu short of another extension the museum will suffice to do so. It would h a pleasant dream if Mr. Morgan mld gie his fellow citizens of New ork the opportunity to seo and enjoy th notcblo objects of art which his taste sr.d w e.iith have enabled him to assemble, " 'vfti&ng recent loan from Mr. Morgan nr.nniitjrvri yesterday at the museum are t'W"irig which have just been placed w ieW horo Those include "The Virgin Vinr.rg Ui Child with the Saints," by Ije'rr, Vannucrio, culled Perugino, from htiRli-h collection, and formerly owned 'v Mir (icorgo Hlttwell; a portrait of tho "in tiv Mficrino d'Alba, Italian school, "Adoretion of the Magi," by Bar ra" Mvaritil, Venetian school, 1431, ifwn ths Abdy collection, London, and a Madonna and Child." by Fra Angollco. w(lnch was purchased by Mr. Morgan f jout three years ago, and which was lormerly in the collection of the King of th Belgian,. Mr, Morgan haa also lent the museum ft collection of 963 objects In gold, silver, bronzo and glass, fifth to tho eighth cen tury, and two Greek marblo lions of about 300 R, O. The museum ha just acquired from tho collection formed by tho lato Francis Lathrop of this city Ifln Japanese color prints, comprising characteristic work by all the moro eminent designers save four. Fifty of theso Japanese prints are exhibited temporarily in gallery 24. At tho forty-second annual meeting of tho members of tho corporation of the museum, which took placn yesterday in th" board room, Joseph If. CI10.1I0 pro sided In tho nbenco or Mr. Morgan. Tho meeting wus largely attended nnd among tho trustees present wero llobort V. de Forest. George Blutnenthal, Daniel l'. French, William V. Osborn. J, Pierpont Morgan. Jr.. William I,. Andrews. Whlto law Reid. Kdwin D. Adams. F.llhu Boot. George A. He.irn and John W. Alexander. Mr. Morgan wns reelected president. Joseph H. Choate first vice-president and Robert W, do Forest second vice-president and secretary of tho institution. Theso trustees wero reelected to succeed themselves: Joseph II. Choate, Ooorge Blumenthal and Howard Mansfield. The trustees reported the year 101 1 a notable one in the purchase, of Important objects of art. for which $532,031.11 was expanded, tho largest sum ever appro priated In a singlo year for purchases. The expenditure for administration nnd maintenance during the year amounted to J33s.864.lt. The city contributed 200,. 000 and 17,411 was received from admis sions on pay days. The year closed with a deficit, which has since lnen made up by special contributions of trustee.. The total numlwr of accessions in the year was 2.524 objects, of which 1,131 were by gift or bequest and 1.393 by purchaso. Of these fifty-three wero pointings nnd forty sculptures. Ailgusto Itodin, tho French sculptor, has been made an hotifitiWdifellow of the museum and the name of Joseph Pulltzor has been added to the list of lenofactorn. The attendance at the museum for the year was Tic.sni, a decreaso from the totals of several years, Them has been a gain of tlfly-on member, the tnUl now being 3,151. STEAMSHIP COMPANY LOSES. North Herman Llnjd Must Stand Trial on Immigration Chsrue. Wabiiinoto.v. Feb 10- Under n de cision of the Supreme Court to-day the North German Lloyd Steamship Com pany must stand trial in the United States Circuit Court for the Southern District of New York on an indictment charging a violation of section in of the immigra tion law The court in an opinion ro.id by Justice Lamar reversed the judgment of the United States Circuit Court by which that court quashed an indictment against the rcmpany The sect Ion of the immigration law under which the indictment was returned re quires a steamship company that brings into any port of th United States immi grants of th" excluded cIajs to pay the expenses of such immigrants during their detention in this country and to return them to the country from which they were brought A penalty is pro vided for failure to return such immi grants within a given period It appears that the North German Lloyd adopted tho plan of selling tickets in Berlin for the round trip to the I'nitcd States Tho money for the return pas sage was held by the company In New York to be repaid to the immigrant should deportation not bo ordered When tho North German Lloyd was indicted it argued that the contract for transporting the immigrants was mndo in Germany nnd that the immigration laws of the United States could not reach it because, they had no extraterritorial effect Tills view whb sustained by tho lower court, but the Supreme Court orders that tho trial proceed under the indictment. ROW OVER PRICE COLLIERS. Berlin Amatrd at Court Honors In Man Who Slammed Germany In a H00U, Spetlal Cahli nrspateh to TUB HVtt Buni.l.v, Feb. in. According to the Taaeblatt the court janitor must have been responsible for tho invitation to the recent schieppencour and court bal of Prlco Collier, tho American author and magazine editor, nnd his wife and daugh ter. Mr Collier is widely known in Eu rope as a wealthy American man of let ters. 'Hie objoctlon to tho Colliors seems to be based on an opinion expressed by Mr. Collier in his writings that "If' a war should occur in which Germany would be whipped by Great Britain, F.ugland would bo greatly benotlted and tha t from his standpoint the hooner tho war caino tho better." Mr. Collier Is quoted also us saying thai tho Germans havo taken tho placo of tho English as the boon of Kurope, and this statement tho Tagc blatt finds most objectionable. Mr. Col lier Is quoted by tho TayblaU as saying, In writing of the Germans, that in no capital of the Continent are the Germans found othorwiso than objectlonablo and thnt no tears would bo shed if thoy should bo chastised. The Taatblntt contrasts tho reception of the author of theso sentiments with tho refusal of the Kaiser to receive tho President of tho llelchtug. Mr. Collier when seen by TiiK Spn cor respondent to-night said that ho regretted very much that a few lines in his book had been construed to paint hlin os 'an enemy of Germany. Tho oxcorpts, hb said, gave no adequate Idea of tho actual contents of tho book as u whole. Ho wus a student of two German universities and had taken a lifelong intercut in tho literature and history of Germany, he said, K I K ti t Weddings In an Hour In One Church. Pittsburg, Feb. IB. Business in tho wholesnlo produce yards was suspended between H nnd 0 o'clock this morning while tho produce men attended eight woddings at St. Stanislas Polish Catholic Churcti near by. $v The eight couples arrived all about the same time in taxicahs, carriages and street cars, The produce men gath ered in forco and when tho procession of wedded oneo emerged from tho church they cheered lustily DEWET'S CI.AKKT OR HAUTKItNK PUM'll For til SocUl Function. H. T. DEWEY A SONS CO., 1M Fulton Street, N. Y, -Ait. ( i MUCH PHONE TALK BEFORE DURBAR FETE Ambassador Bryco Wanted to Know if It Would Burlesque tho Ilenl Thing. WAS SATISFIED BY WIRE Aslnr Ballroom Wns 11 Sreiip of Oriental Splendor Due Trarty Cut Out A message from James Bryce, the Brit ish Ambassador, sent to tho heads of the durbar fete which was held at the Hotel Astor last night for the bencllt of the New York Association for the Blind, In which tho British Ambassador wanted to know if the performance amounted to a Imrlesl'itm on the real durbar and if It. did would they kindly withdraw his name and the nntno of Mrp. )ryc from the list of patrons nnd patronesses, caused President John Fin toy of the City College nnd Miss Wlnifted Holt, who ran the affair, to spend a lot of time at the tele, phone yesterday afternoon The message wns transmitted in the form of u note Irom Courlenay Wnlter Bennett, the Consul-Genernl here, who sent it to President Finley, head of tho association A soon a h read it Mr. Finley got to the telephone to tell Miss Winifred Holt, secretnry ot the associa tion, about It. Mls Holt has Iw.-en toll ing for snmn time to make last night's uffnlr a money ralier for a new "light house" for the blind nnd she wasn't go ing to have the Ambassador suiter tinder the impression thnt the durbar could In any way give offence to the inot loyal British subject She called up Amhassidor Bryce on tho long distance telephone whll Dr Finley was talking over Ihe telephone to Mr Bennett at (lie Hotel Majestic, and ex plained to the AtiibasM.idrnt Washington just what sort of an alTair the durbar wns to Ik. She (old him that it was just fun and that the King and Queen wore not to l lepifsntcd. .mil after this had gone over the ulie to Washington Mr. Bryce said he understood exactly and that Miss Holt must forget that he hadever written that not" nnd keep his name and that of his wife on her lists by all means. It was simply to llnd out what tho durbar was really to Im that he had written, said the British AmbasAidor, Dr. Finley wns hearing the same thing fiom Mr. Bennett, so all wnscalm when the durbar was ready to begin last night. Miss Holt said at her home later' "It's so absurd, the idea that our durbar fete could offend any one, least of all my dear friend Mr. Bryce. that I can hardly 1 folk about it No doubt it was started 1 hy some unfriendly person perhaps some one who wa not invited to be a pa tron or a patroness The King and Queen 1 are not represented in our costume party. It was suggested some time ago that they ought to he. but we refused to accept the suggestion. "It isn't a durbar we re giving; it's just a simple bit of nonsense as a part of what Is really our annual ball for the hlind Mr and Mrs Bryce were put on our list because they have been immensely in terested in our work I know they could not attend, for the Ambassador reminded me that he couldn't because the F.nglish court is in mourning for the Duke of Fife. They had to decline for the same reason -to join a party that is dining at my homo this evening before going to the Astor." To prove that the spectacle at the Astor was just an unpretentious bit of fun Miss Holt read to the reporters this bit of rhyme, printed on the cover of last night's programmo : No ilurtyir her hair wr. A tetr from nvr r?r Soldier' hive they, so wr flrrat people, n ni f wr. Mu1e lo clnililrn our hearts, Stars to prrsrnt their art, Ami whn thl all o'rr t.Mddrn you hrarts oner rnorr Tor In trrvllnir a niraute. Absorbed In our pleasure . We help the lillnl to sec "Oh, dear nol I didn't write it," pro tested Miss Holt. "Think of me sitting hero reading poetry to newspaper men!" It had been advertised that a "300 ton elephant" would bo followed by 3fto men and women in Knstern costume in last night's "procession from tho gates of Delhi," but MIsh Holt said that the pro. cession would havo to lead itself, as she had been informed that "the dear ele phant couldn't come." Tho announced honorary patrons mid patronesses, besides Mr. and Mrs. Bryce, wero President and Mrs Taft, the French Ambast-ador imtf Mine. Jusserand, tho German Ambassador and Countess Bern storff, tho Secretary of tho Treasury and Mrs. MaoVeagh, Justice and Mrs, Hughe.-, Governor and Mrs, Dix and the Mayor and Mrs. Gnynor. A despatch from Washington last night said that Ambassador I'ryco, declined to comment on the report that he hud with drawn his namo as a patron of the Durbar f6te. President Tuft, so fnr as the hlto House record shows, nover consented to act as one of tho patrons, Ambassador hiBserand of France wns one of the pa trons. He did not intend, but was repre sented by the wife of his naval attache'. When the Ator Durbar was finally roviewed it had been expurgated. 1 10m it had been taken bodily a subway skit which was the only feature that could have been construed as n travesty on the tho Durbar of India. Its characters were to have l-een Father Knickerbocker, Miss Manhattan, the Xui'nm of T'lmmany, the Oaekwnr of City Hall, accompanied by Little Don Spot, nnd the .lain of Inter borough, an old man sllllened by very much straphanging In the skit as It hn iKen iclienrsed fun was to be poked at President Shout-, of the Interboiough, President illlanif. of tho It. it. T . Mayor Guvnor and others, not forgetting tho Public Service tornmlssiou All this was cut out ' With the nrtUtlv superintendence of Richard 11. Hunt and his brother, Joseph H. Hunt, tho grand ballroom of the Astor wns resplendent with rich Oriental stuffs which wero hung along the balconies, and tho Gates of Delhi were faithfully Conffnurd oit Secotut Pngr. Uprnd Wathlniitnn'i lllrthdar at VIHUIMA HOT Ml'MIMtiri. Tr.Mn leaves i'eno. li. It. UtalluD 5:01 1. DUly.-Attf. U. HEIKE MAY GET NEW TRIAL (erlirarlil Must Serc Ills Sentenre Decision in Suitur I'raud Cases. Wahiiinoto.v, Feb. 10. Tho United States Supreme Court to-day granted ihe application for a writ of certiorari made by Charles R. Helke, former secretary of tho American Sugnr Refining Company, convicted in tho United Htutes court for the southern district of New York In con nection with tho sugar frauds. Tho ap plication of Frncst W. Gerbracht wns denied. thurlc R Helke. the secretary and trtantUT of the American Sugar Re fining Company, win tho only executive oflicer of that corporation who wes con victed of complicity In the sugar under weighing f 1 mills nl the docks or the Havcmeyers A l.ldrr refinery in Williams burg, I nvolviiji; more than $2,000,000. After nearly four weeks on trial He'ike was convicted on June 10, 1910, nnd on September ID following wjw sentenced by Judge Martin of the Federal District Court to serve eight months on Black well's Island and to pay a fine of $5,000. Heika resigned his office and took an ap peal, The Circuit Court of Appeila sustained the lower court, whereupon th" Supreme Court of the United State was applied to for a writ of certiorari for 11 review of tho Court of Appeals ruling. llclke's main reliance on appeal has been the contention that he earned Im munity by producing documentary evi dence before tho Grand Jury ns well a giving testimony. Since he was sentenced Helke has been at largo on SIS.OQO bail. F.rnest W. Gerbracht, former super intendent of the Havemcycrs A F.lder refinery, was tried and convicted with Hoike. He wns sentenced to two years at Atlanta and a line of fA.nw), Gerbracht must now serve this sentence, ROOSEVELT TO ACCEPT. Will Soon neply In the Call Addressed to Him hy I'licht (internors. Washinoton. Feb. 10. -Definite in formation from Now York wns obtained here to-day that Col. Roosevelt will within ten days make reply to the call addressed to him by the eight Governors and th'it he will from that tlm bo In the race n gainst President Taft without reservation The progressives hive been nervous since the collapse of the La Follette boom. Practically all of them have nerved notice on Senator La Fol lette that they have decided to turn to Roosevelt. As time has pasted and no announcement came fiom Oyster Bay the progressives have become restless. If Roosevelt should decide not to be a candidate it would leave them In a most unhappy position, but their fears were dispelled to-day by positive assurance that they could expect the announcement probably as early as next Monday, cer tainly within ten days, and that after that the country will havo no reason to doubt that Col. Roosevelt la a candl dato or. as he will say, wjlUne,to .accept... , , Col Roosevelt's repiy to the Govern ors is not expected to bo a long docu ment In fact it is understood it will be very brief and simply repeat tho sub stance of what he has said to many call ers and has written to many friends throughout the country, that while he declines to he an active candidate and will make no personal effort to secure the nomination ho will accept if his party sees lit to nominate him. LITTLE LAWRENCE GIRL LOST. One of Mill Strikers Children Wan tiered for Hours In The Bronx. Carmella Russo. 11 years old. one of the group of strikers' children who were hroimht here from Lawrence, Mnss., on February 10, was found nt S o'clock last night crying In front of a baker. nt I3S7 Th'iri avenue. The sirl told the police she was brought here with two brothem Anthony, 9, and Joseph, 10, and had been staying with a family in Kast 183d street. The only name she could remember was Tony. Carmella was sobbong and to women who gathered around her said she was lost and hungry. They gave her all tho cakes she could cat and then notlllcd the Tremont police station. Tho child was well clothed nnd wore earrings and a ring, which she said she sot from the family in lS3d street. Tho police took he rlo the Chlldren H society rooms for the night. DEPUTY SHERIFF GOES TO JAIL Hliorey Gets Three Months for Carrying Pistol In Boston. Botox, Feb. 1U. Deputy Sheriff John Shorey from Conway, f. H was sent enced to three months In tho House of Correclion by Judge Sinderson of tho Superior Criminal Court to-day for car rying a revolver in Boston contrary to tho law. Shorey came to Boston on January 20. On tho way down on tho train ho insisted that Charles Goldborg, a nowsboy, tako a drink with him, so the Government alleged, and when tho boy refused Shorey rippod his coat This complaint was placed on (lie. Arriving in Boston, Shorey thought the courtesy among officers of the law en titled him to carrv n nlstol. He told tho I Judge In tho Municipal court so after I he had pleaded guilty to the complaint. 110 was sentenced to three month in tho lowor court and appealed. Last summer Shorey gol into similar trouble hero. He said a man attempted to rob him and that shots he (Shorey) fired were for the purposo of scaring the rob ber. He paid a fine for this offense. PHOTOGRAPH IN BOMB CASE. Miller Has Evidence That Ironworkers HeroKnlted Programme. Indianapolis, Fob. 10. United States District Attorney Miller has a photocranh I of 11 resolution regarding dynamiting I adopted at the international' convention of tho ironworkers union at Roohostor, i N Y., In 1010, which shows that thedyua , 111 it in K programmo was excepted aa a fact oy tno doierjaioH. ino resolution roads' Himliat, That no more bombs or explo. slves of uny kind he exploded while this convention Is in ijenslon. Tho sessions of the iron workers' con ventions are secret, but. tho proceedings are printed. Whon Mr. Miller's atten tion wns called to the resolution he said It was a matter he was not bt liberty to discus. THE INITIATIVE AND REFERENDUM UPHELD U. S. Supreme Court Refuses to Dcrlnrc Them Unconstitutional. APPEAL FROM OREGON CASE Court Derides tho Question to Br rolltl rnl and Not Cognizable hy the Judicial Power. Washi.voio.v. Feb. 19. The Supremo Court of tho United State to-day declined to declaro Invalid laws of a sovereign State passed through tho Initiative and referendum, Tho case arose In Oregon, where the popular theories of government have gone further perhaps than In any other State in the Union. Tho State passed a law taxing the gross Income of certain corporations, Tho law was passed as a result of the initiative and referendum The Pacific States Telephone and Tele graph Company, a. corporation doing business in Oregon, was assessed. It refused to pay the taxes and was sued in the courts. The defence by the cor poration was that legislation passed as a result of tho Initiative and referendum wns unconstitutional. Judgment was awarded against the corporation In the local court of tho State of Oregon and tho judgment was after ward affirmed by the Supreme Court of Oregon. Tho case came to the Supremo Court of tho United States on a writ of error from the Supremo Court of Oregon. The arguments that were' submitted very early in tho present term railed out many questions from tho Chief Justice nnd other members of tho court nnd resulted In colloquies that olearly foreshadowed the court's decision Tho contention of tho attorneys for tho corporation was that legislation by the Initiative and referendum was not a re publican form of government such as Is guaranteed by tho Constitution of the United State Other questions were raised, among them that tho equal pro tection of tho lawn had been denied tho corporation In that it was being taxed under ft law passed hy the initiative nnd referendum method, whllo most of the other statutes of Oregon providing for imposition of taxes were passed In the usual way through the legislature without popular intervention. But tho main con troversy raged around the question whether legislation by the Initiative and referendum la a republican form of gov ernment. The Supreme Court to-day. in its unani mous opinion read by Chief Justice White, held that the "issues presented in their very essence are and have long since by this court been definitely determined to be political and governmental and em braced within the scope of the powers conferred upon Congress and not there fore within tho reach of judicial power. It follows that the case presented is not within our Jurisdiction." At the very outset of the opinion the Chief Justice disclosed the court'6 view in the following statement; We premise by siyinsr that while the con troversy which this record presents Is of much importance it Is not novel. It Is Im nortnnt since It calls upon us to decide whether It Is tho duty of the court or the prox Ince to determine w hen a State ro ern nient has reused to be republican In form and to enforce the guarantee ot the Con stitution on that subject It Is not novel, as that question has lone since been deter mined by this court, conformably to the practice of the fioernment from the he .tin nine to be political in character and there fore not roenl?ahle hy the ludlcial power, but solely committed by tho Constitution to the judgment of ("onirress. The decision in tho case has lieen awaited with vital Interest by tho States that have tho Initiative and referendum nnd to-night there Is great rejoicingnmong many folks from the West. Advocates of this form of government say the Su premo Court's decision to-day will be of great benefit to them in their efforts to spread the propaganda. DUTY ON MRS. LEEDS'S PEARLS. L S. Supreme Court Derides That It Should Have Hern at 10 Per Cent. Wahhinoton, Fob. 10. Tho Supremo Court in nn opinion by Justice Hughes to-day held that the pearls Imported for Mrs, William U. Ixjeds, should pay duty at 10 per ccnt.ns pearls "in their natural state, not set or strung" instead of at the rato of 00 per cent, under tho jewelry paragraph, as claimed by tho Govern ment. Tho opinion affirms the judgment of the Court of Appeals, Second Circuit. The pearls wero valued at $310,000, nnd the amount Involved In duties wns about '.50,000. The pearls that Involved Mrs. William B. Leeds In n contest with the Government wore bought from Bernard Cltroon in Paris in 1035. There were thirty-seven of them, they coat $310,000 and the dealer agreed to deliver them here. So the cost price Included an allowance for duty. When Cltroon delivered them to Mrs. Leedi at Newport the pearls were unstrung and were appraised by the customs offi cers here us individual pearls dutiable nt the rate of 10 per cent. The Collector rejected that appraisal nnd levied the full duty of 60 per cent, on the ground that the pearls were a necklace that had been taken apart for importation. A week aftor tho payment by the Im porter of the 10 per cent, dijty originally assessed tlfe Collector demanded the additional M) per cent,, amounting to, $110,0110, which Citroen paid undor protest nt the same time asking that the entire amount of tho duty, 1132,000, be refunded and permission given 111 in to take tho pearls, back to France. This demand was re fused. In the suit that followed the lower courts doclded against the Government. No connolitcur omit ANGOSTURA BIT. TEM la punches and fancy drinks. Alt. JULIA MARLOWE OPERATED ON. Affection of Ihe Throat Renders Re course to MurVery Necessary. WASiUNrrro.v, Feb. 19. Julia Marlowe, who played hero with her huaiesrjd, E. II. Sothcrn, tho past week, was operated on nt tho Episcopal Eye, Ear and Throat Hospital this afternoon for a slight affec tion of the throat. It was said at the hospital to-night that whllo the operation was dollcato and painful it was not dangerous and was performed to cure & trouble of long standing, which was brought to an ncuto stage by the change able weather here in the past week, Mr. Sothern was unable to remain in Washington to-day, his company being billed to play In Richmond to-night. Miss Leonora Chippendale, Miss Mar lowe's understudy, will appear In her roles until Miss Marlowe rejoins the company, which it is expected will bo In about a week. J. 0. ARMOUR'S SLIDING ACRES. Jury Rejects the Contention That Hit Lost Land Just Went to bt. A jury before Supreme Court Justice Brady returned a verdict for $10,nj8 yes terday In a suit of J. Ogden Armour against the Sound Front Improvement Company. The plaintiff bought a tract of land on Staten Island Sound and near Rarltan Bay for a fertilizer plant. After the land had been partly prepared for use It was resurveyed and the plaintiff found that instead of over seventeen acres he had less than fifteen. The error in meas urement was not alleged to he Intentional. The defence was that tho tract origi nally contained all tho land for which Mr. Armour paid, but that In the process of deepening the channel two acres had slid Into tho sound. Tho jury rejected this contention. NO MORE "DON'T KNOW." Information Hereafter fnr Passengers When There's Railroad Troubles. The superintendent of tho Long Island Railroad has Issued nn order requiring conductors, trainmen nnd fetation agents to make every effort to ascertain tno cause of any sudden Interruption of train service and answer freely nnd courteously all qtiee tlons asked by intending passengers Re to causes and protablo duration of dole's. Arrangements havo been made to have the despatcher'a office in Long Island City send out such Information to train men and station agents as early aa pos sible. CAPT. GIBBONS NOT TO QUIT. Denied There Is friction Between Navy Department and Mead at Academy. Washington. Feb. 19. The Acting Sec retary of the Navy to-day denied reports from Anaapolis to the effect that as a re sult of ftiction between Capt, John H . Gibbons, superintendent of the Naval Academy, and the Navy Department Capt. Gibbons had asked to be relieved of his office. These reports appear to have been based on the fact that the Navy Department recently failed to approve the indorse ment of Capt. Gibbons to the recommenda tion of the academic board that two mid shipmen be dismissed from the academy. Each has been given by the board the maximum of demerits for smoking and other violations of the regulations of the institution. The Department did not hold their offence serious enough to war rant dismissal, TO FLY ACROSS ATLANTIC. Atwond Thinks He Can Make Trip In 30 Hours With One Stop. Lvnn. Mass.. Feb. 10. "Believing that I can best prove that the aeroplane has come to stay by making a flight across the Atlantic, 1 shall attempt suc'.i a trip in tho early part o May," said Harry N. Atwiood to-day. "I believe I havo th machine that will accomplish this feat in thirty hours with but one stop under favorab le conditions. " Atwood confessed that the machine wou'd probably bo larger than any pre viously flown in this country. Ho said he would carry sufficient gasolene to make a ooo mile continuous flight and when ho found his fuel gottlng low would make a landing near some ocean liner. He de clares that there will be about twenty liners on tho ocean at that season of the year and it will be nn easy matter to pick up ono of them. Two men will accompany him on the flight, one a mechanio and tho other a man acquainted with the sea, who will be able to (-how him how best to ride out a galo if ono should bo oncountered. Plans for tho improved type of hydro aeroplane which ho will ue have beon completed nnd tho work of building is said to have begun. A lifeboat will bo the only baggage ex cept a small supply of food. THREE NEGROES LYNCHED. Mob Selies Alleged Slayers on Way From Court" to Jail. Ciiattanoooa, Tonn.. Feb. 19. David Nell!, David Bomar and Watt Greer, ne groes charged with killing Special Officer S. W. Evereon of the Nashville, Chatta nooga and St. Louis Railroad and throwing his body from the train at Bell Buokle ten days ago, were taken from officers In the court house at Shelbyville by a mob to-day and beaten to death with sand bags and clubs. Their bodies were then riddled with bullets. The lynching took place just after thelr attorney, W. S, Crowell, had waived exam ination to the Circuit Court. The officers were returning the negroes to jail when by what appeared to be a prearranged plan the mob moved upon the men and seized them. ARMY AVIATOR INJURED. Lieut. Kennedy Breaks Rlba and Arm In Kali Near Augusta. Auouhta, Ga Feb. 19. Lluet. Kennedy of the United States army aviation school, which is operating near here, was badly Injured this afternoon when his Curtiss aeroplane turned turtle at a height of 100 feet and crashed to the ground. Ho was caught under the machine and several ribs and his left arm were broken. He recovered consciousness two hours after the accident, but could give no clear explanation of the mishap. HERMIT'S COUSIN ACTS IN WILURAUD CASE Mrs. Samuel Moves in Court to Have Committee Take Has lctt in Charge. TELLS OF DIRT IN HOUSE Takes Issue With Lord Gardner Now Faces Felony Chargo Nurse Decker Onco In Tombs. Mrs. Kllen Haslett Samuel as "one of tho next of kin" of Samuel E. Haslett. the Brooklyn recluse said to be the vic tim of a sensational will conspiracy, obtained an order from Judge Lewi h. Fawoettjn the Brooklyn County Court yesterday directing ex -Senator Frank J. Gardner, Attorney John B. Lord and other opposing interests to appear in. court on Friday and show cause why committee should not be empowered to, take charge of Haslett's property and per son and make proper inquiry as to tha , wealthy old man's Incompetency. Judge Fawcett also granted a stay which in effect enjoins until Friday tha power of attorney held by Lord and tht one that Gardner secured from the her mit. This means that Haslett himself is legally In charge of his person and prop erty. Mrs. Samuel's attorney, S. Stan wood. Menken, said that the committee pref erably should consist of some Brooklyn 1 trust company and one Individual. Both Mrs. Samuel and her husband, 1 Lionel Samuel, who Is vice-president of the commission firm of Rojas A Co., with offices in tho Whitehall Building, tell of recent visio to Haslett's house at I3S Remsen street, of lack of heat and of filthy conditions at variance, they say, with tho statements of Attorney Lord, and of seeing many evidences of Haslett' a mental and physical incompetency. Colncldently with theso development Gardner, who originally was arrested on n simple charge of conspiracy a misdemeanor found upon appearing for hearing in the'Adams street court that, a new and more serious charge, of con spiring with intent to defraud by obtain ing the signature of Haslett to two wills and the power of attorney, had been' lodged against him. This raises his al leged offence to the degree of a felony. The court forthwith advanced Gardner's bail from $3,000 to $fl,000. Chief Magistrate Kempner accepted as. bail property offered by Minerva .1. Mo Bride of 243 Lawrence avenue. Brooklyn, on the northeast corner of Ocean Park way and Lawrence avenue and valued at $21,000. Harold Norrls.representlng thsNatloail Surety Company of 1 15 Broadway. Man hattan, was present at tha Adams strsst N court, where the examination was con tinued until next Monday forenoon at 10 o'clock, to goonthe$2,000bail bond asked for Decker, the young nurse, who is ac-' cused of having helped Gardner In the' alleged eflort to obtain control of Has lett's estate, which has beon estimated variously at $200,000 to $1,000,000. As the bail for Gardner had been accepted .with out question Decker and his lawyers seemed to take it for granted that Decker also would walk out of the court room when the surety company's representative had signed the ball bond. But although the Brooklyn District Attorney's office had not objected to the Gardner bail, Assistant District Attorney 1 Lee, representing District Attorney Crop- Bey of Kings county, stepped forward to say that the District Attorney In ths matter of the Decker Vail bond meant to exercise th constitutional right to bold up the ball bond for forty-eight hours "to inquire into the validity' of the hail bond. Inasmuch as Nations! Surety bail bonds nro accepted right and left, the supposition is that the District Attorney is holding up the bond for rea sons that have to do with Decker rather than with the bond.. While Decker's attorneys, W. C. Cowan and William M, Byrne, spent tho day un successfully trying to persuade District Attorney Cropsoy to accept tho bail offered for their client, word came out from the Federal Building, Manhattan, ihnt Decker last December had spent a day In tho Tombs at the tlmo of tho In quiry into an alleged attempt at jury bribing in the trial of George Graham Rico and his associates in the Scheftela brokerage concern for using tho mails to defraud, Decker and a young woman said to be Miss Valentine Peake, one of the nurses installed at tho Haslett home by Gardner last Friday, wero joking with the news paper men in the prisoners' room of the court yesterday afternoon while Lawyers Cowan and Byrne were pleading for ac ceptance of the Decker bail when The Sun reporter asked Decker suddenly to tell about his Incarceration in the Tombs, His, gayety fled immediately and he would not answer personally, but waited until Lawyer Byrne had returned. Mr. Byrne thereupon dictated to the reporter the following statement: Mr. Decker Is the same man mentioned as connected with the George Graham nice trial, but he never was arrested for bribery or attempting to bribe Juror 2 or any other juror in the Rice case, but he was detained for one day in the Tombs as a witness In regard to the alleged attempts of bribery In the Rice cats and afterward re'ed. "How was he connected with P.it and the Soheftel case? Lawyer Bvrne was ask;d, while Decker stood within hearing. "I don't care to state," was the answer. According to records in the Federal Building, Decker spent not only one hut' eight days in the Tombs in connection with the Illoo case now going on, but the United States Attorney's office yesterday made much mystery of Decker's part in the case. The fuots seem to be thit Decker was called as a witness for tho Government and that ho refused to testlfv. As a material witness he was locked up in tho Tombs for eight dayi last December. He wns released, but still did not testify, Rice on the other hand said yesttrdu afternoon that it was on Decker's tat ments to the Government authorities that Rice was refused the privilege ot being longer at large on bail and wa taken to the Tombs at the conclusion of each day's session. Rloe further sal that Decker told the District Attorney