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MONDAY, AUGUST 12, 1012.
MUMtat the t'ust Office at New York M Second
Class Mail Matter.
abarrtpttons by Mali. Postpaid.
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Published dally, Including Sunday, by the S in
Pi Inline find Publishing Association at 10 Nassau
street. In the llornuiili of Manhattan, New York.
President and Treasurer, William C. Ilclck, 170
Nassaustreci: Vlce-I'reslilcnt, IMward P. Mitchell,
lio Nassau street: Secretary, Chester S. l.ord, 170
Nauau sired.
T-ondon office, Kfllngham rfouse, I Arundel
street, Strand,
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Addresses changed at option of subscriber.
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to this office. .
It our friend! vho lator ut with matitj.''ipl.t tor
jiubUenil'tnuu'ilnhartrHectei articles relumed (lev
must In all easts send stamps tor that purpose.
Infamy Linked to Madness.
Of the Panama Canal bill in the form
in which it passed the Senate, these facts
aro undisputed and undenicd:
It violates tho letter and the spirit of
a treaty negotiated between tho United
State and Great Britain, solemnly rati
fied by the Senate, in which tho honor
and Rood faith of this nation are pledged
to the faithful observance of its terms.
It discriminates between citizens of
this country i providing that certain of
them may use the canal and denying to
others the privilege of using it.
It seeks to confer on an executive
commission the power to legislate.
In this measutc the Congress destroys
at one blow the credit of tho nation
abroad, serves notice that a covenant
and agreement to which the United
States is a party is not worth the paper
it is written ou, assails ono class of citi
zens at homo and deliberately invites
litigation, neither the end nor the con
sequences of which can any man foresee.
Could tho madhouse or tho imbecile
asylum produce a measure more unfit
than this fruit of Representative and
Senatorial endeavor?
But, not satisfied with the work of
betrayal and injury already done, the
Congress, according to report in Wash
ington, now plans further assaults on
tho transportation systems that wisdom
and courago have welded together to
serve tho country. In conference more
restrictions, more inhibitions, are to be
added to tho bill, that it may more
completely reveal tho mental and moral
characteristics of ita authors, by whom
treaty obligations involving the fair fame
of their country arc as lightly esteemed
us aro tho basic truths of political econ
omy and of modern, enlightened busi
ness management.
The nation's dishonor and a reckless
attack on tho welfare of tho people
and on their hardly acquired prop
erty havo been written in tho Panama
Canal bill. A non-partisan pact of in
famy will bo laid on tho President's
desk when it is delivered at his office.
And this nation is posing as an agent
of moral superiority in tho councils of
the civilized peoples of the world!
Development of. New York
The harbor of New York is naturally
the greatest seaport in the world. This
harbor and tho opening of the Erie
Canal to tho west gave New York
ita position as tho Empire City of the
Empire State. Within threo years tho
Panama Canal will bo opened, and the
reconstructed Erie Canal, upon which
the State is expending some $120,000,000,
will carry 8,000 ton steam and electric
barges from Lako Erie to our city
The tidal waters of tho port aro under
the control of the national War Depart
ment, under a board of competent en
gineers, inc. aocK system, as far as
it baa been municipalized, is under the
control of tho city Department of Docks
and Ferries, with a zealous and com
petent Commiflsloncr, Calvin Tonkins.
The harbor waters divido tho port into
four grand divisions, New Jersey, Long
Island, Manhattan and The Bronx and
Ktaten Island. Within the year tho
Governors of New York and Now Jersey
have appointed harbor commissions,
which aro jointly studying tho further
development of tho port.
Tho diversity of interests and owner
ship of the waterfront in the harbor as
a whole has made coordination and
proper organization difficult. Undue
dopendenco on tho national Govern
ment has tended to dull local initiative.
There was no working toward tho com
pletion of a general plan, but just tho
meeting, in detail, of divergent business
requirements. Tho Manliattan water
front is covered by a Bcries of broken
down tenement and cheap lodging
houses, an utter waste of precious op
portunity and land,
t Commissioner ToMKrNB, in a recent
lliddrrss beforn tho Now Jersey Harbor
iC'onunivIon, covered tho main points
n theso words:
I 'Trio fundamental Idea of port organ
ization Is exceedingly simple and haa boon
Voiknii out as the result nf experience at
many of tho great acaporta of tho worlii.
i mav ln briefly expreased aa tho poller
kit adapting e.ieh pari of a port Ut tha beat
$,vb to wliKb ' can ! pin. Port develop
ment Is not a new science, although It is In
Its Infancy at New York, Our great foreign
rival, such as tfnmburg, Antwerp anil
Manchester, as well as Montreal, New Or
leans, San rrnnclsoo on this side, and the
rapidly Increasing- number of other ports,
hnvo definitely nbamlonod the nineteenth
century stago In which wo still remain and
have worked nut plans a mens glance at
which dhows that wo must either ropy or
better them or surrender New York's pre
eminence, "Tho basic princlplo on which they have
proceeded Is that n port must be developed
as n unit, under public dictation of tha
terms on which prlvnto carriers, shippers
and consignees shall bo served. The port
being conceived as nn organic whole, ad
ministered by the city for the benefit of all,
there ran bo no thought of remaining In or
returning to tho chaos of Jarring private
rivalry and mutual obstruction from which
wo suffer; or of flnnl dependence on the
makeshift policy of sepnratn eub-porls
constructed by great private corporations,
no mntler how perfect each may bo In Itself
or how welcome they may be as cooperators
In a city system,
"The plans which the Dock Department
has submitted to tho central governing
body are based on the principles of port
organization which have been worked out
at many ports, due regard being had to
modifications made necessary by local con
ditions." Tho plans formulated by Mr. Tom
kins have now been nearly two years
beforo tho public, and havo received tho
unanimous indorsement of all tho com
mercial bodies of New York, including
tho Maritimo Exchange, tho Chamber
of Commerce, tho Merchants Associa
tion, the Produco Exchange tho Manu
facturers Association and tho Board of
Trado and Transportation.
The recent State constitutionalamond
ment exempted self-sustaining dock
bonds from the debt limit of tho city of
New York, thus making available for
dock improvements a dock fund of
nearly $73,000,000.
The Dock Department brings a profit
to tho city of over $5,000,000 a year. The
plans for improvement and tho relief
of the congestion of tho wntcrfront, tho
making of increased room for steamship
companies and watcrborne traflic at
this port aro before a sub-committeo
of tho Board of Estimate and Appor
tionment. This committee has delayed
too long. It should act. Tho subway
problem is substantially settled. New
York's seaborne commerco is vital. It
must, not bo neglected a moment longer.
Public sentiment must force action on
this important matter.
The Abdication of Mulay Hand.
A year ago the abdication of tho Sul
tan of Morocco would have added one
more serious complication to the situation
which Anglo-French-German differences
over Morocco had provoked. To-day
it becomes a minor incident in the his
tory of a French protectorate. Mi'lat j
Hafid ruled long enough to sign the I
treaty with Franco which surrendered
the liberties of his people. Having done
thishis real usefulness ended.
Ever sinco tho entrance of French
troops into Fez Mclay Uapid has been
restive. Originally gaining power in
Morocco by raising tho popular wrath
against his brother as a friend of the
Christians, ho was inevitably brought
into a position where French troops sup
plied his solo protection from tho rebels
among his own people. Regarded by
them now as the traitor who sold out his
country, h'9 abdication and withdrawal
from Morocco in fact has the character
of a flight from popular wTath.
French despatches indicate that a
successor has already been provided in
an infant son of the abdicating Sultan.
Such a change will bo satisfactory to the
French, who will find it less difficult to
govern in the norao of an infant than to
exercise actual power in tho name of a
Sultan who has rilled autocratically and
doubtless only conceals a hatred for
his Christian masters.
So far as Morocco is concerned , Mclat
Hafid is doubtless the lost independent
ruler. Since tho new French Gov
ernor, General Lyautky, took charge,
French troops have been largely reen
forred, the native reikis havo been
beaten in many conflicts, a semblance
of order has been restored in tho plains,
and plans aro now being formulated to
advance to Morocco City, tho southern
capital, and thus further to extend Eu
ropean occupation.
Mulay Hafid may go to Mecca. Such
was his earlier plan. Afterward ho will
probably find a homo in Franco, and
a pension which will roconcilo him
to his fate. Liko his brother, Abdcu
Aziz, whom ho supplanted, ho has
ceased to bo interesting. Hisabdication
itself attracts attention only as it marks
ono more step in the extinction of oven
tho semblance of independence in the
last free State in North Africa.
A Nice rolnt In Ethics.
It is possible, although difficult, for
a lnymnn to understand thut a prose
cuting attorney might feel himself un
justified in using against nn accused
person information of which ho had
becomo possessed outaido his office,
but tho divulging of that informa
tion after it had been carefully con
cealed throughout a trial is at least a
puzzling incident. Tho State of Geor
gia, in tho caso of a woman named
Ohace accused of shooting her husband,
was represented by ono Dorset, bearing
the titlo Solicitor-General.
Tho defence contended that tho shot
which injured Giiack was fired at 11
o'clock in tho morning, and on this its
caso depended. Dorhky, a neighbor of
tho Giuckh, had heard a shot between 5
o'clock and it o'clock. Dorhky behoves
that the shot ho heard was tho one which
injured (I hack. The question of Dou
kky'H appearing as a witness against the
uccused while acting as prosecutor
urose.and "eminent iludgesand lawyers
advised him for ethical reasons not to
goon the stand." DoitHl'.Y followed this
utivicn, and in consequence the State
could not obtain a conviction. Doiisky
is now quoted us saying:
"I knew my nldencn regarding the time
of thashol would destiny Urn icfenie,
The intricacies of medical and legal
ethics are too abstruse for tho ordinary
citizen, but nobody needs edi l cation in the
technicalities of tho law and Its practice
to understand tho quality of taste dis
played in public avowal of tho existence
of unused evidence after tho fact. Wc
can conceivo of an argument supporting
tho stand that Dokhey took with the ap
proval of "eminent Judges and lawyers,"
but that those punctilious gentlemen
would indorse tho present revelations
of tho prosecutor wc do not believe.
I have found hero In New Jersey that
men who nil their lives have been with
the organization aro opposed to ma
chines. They havo been lighting with
the organizations to net In tho Interest
of the people. I think the people will
act now to prevent the organisation
from becoming machines. Governor Wil
son of Sew Jcrtry.
An "or(j.itil7.itlon" Is tho instrument
used by our friends and enllghtoned sup
porters to m.iko effect I vo tho theories of
government to which wo subscribe, whllo
tlm opposition to thoo theorlos Is repre
sented by thut degraded thing men call
a "machine."
THE TRAGEDV of gasolexe.
Dtscoaragtag Outlook for the Owners
of llu. Wagons,
To the KDitort or Thb Hc.v Sir: Why
have I not seen any reference In the news
papers to the advances in the price of that
once luxury, now necessity, gasolene? Not
general talk I've read lots of that but
apecltlc. Like this:
I have a tank sunk In my back yard In
which I store that sUfT of life, that sine qua
non, thut elixir without which existence
becomes base and less worth while. I paid
for the ft rut flllintr of that tank, loo gallons,
ten rents a gallon. H was in the month of
June, 1811.
llefore these gallons were exhausted and
whllo I was touring In my luxurious tourinr
car. which is propelled by tho aforesaid
C Hsolene. I happened to put up for the night
at n blacksmith shop down the Jersey coast,
which shop had been turned into a garage.
Tho young loafer I mean furmcr who ran
this garage Informed me that a seducer In
the) person of a gasolene tank wagon driver
hud that very duy offered him. If he'd only
iuit his regular supply, the precious fluid
at eight and a half cenjs a gallon. The
young loafer 1 mean garage keeper
coldly turned down the Interloper. Ten
rents was cheap enough.
That was Just a little over a year ago.
Since that time I have bad my tank re
filled; once last fall for twelve and a half
cents a gallon. My last filling, some three
weeks ago, cost me fifteen and a half cents
a gallon. The price hail gone up 15 per cent.
Uefore ( submitted to this outrage I called
up the concern that had offered my whilom
friend of the blacksmith shop that tempting
bait mentioned up there, and was informed
that the price was fifteen and a half cents.
On Monday of jthls week the young man
who monkeys with the carbureters I
mean has charge at Swackhamer's pala
tial devil wagon hostelry at Herman Valley,
the town this end of Schooley's Mountain
rossover on the road to the Water Clap, told
me as he skilfully turned the needle valve
on my machine that the price was going up
again next week.
What are we comlnr to? Now that we've
nil mortgaged our homes to buy these devil
wagons, are we to put on a second mortgage
to pay for the gasolene? This Is a serious
I thought when Attomey-Oeneral Wlck
crsham went after the (Standard Oil Com
pany and put it out of business that there
would be some comeback. This is whut we
get for monkeying with that buazeaw.
Meat may go up; I'll do without and live
on vegetables. Clothes may go up, and I'll
wear my old ones, but my little gasolene
and my little rubber tires I must have
I'll tell you what's the matter with the
Slate of Denmark. The trust Is going, but
there's something coming. It Is the tele
phone. No dictagraph in the telephone
booth. No written agreements to con
found the rrlmlnalB; no record, no wit
nesses. Just say ovor the telephony that 1
the price should go up and say how much
and then we're all working on the same
basis, and if the consumer doesn't like it he
can lump it,
And what can W Ickersham do? Make it ,
woree? Oazzalbkn.
HLooMm.tP, N. J.. August 10. j
Napoleon's Profnnton of Faith. ,
From La Rttut its Dtuz .VeniKi.
tn the fhorthand notes of same of the pro-'
rtedliisa at Napoleon's Council of State a most
Interesting passsse Is thst which rrlates to tne j
prcpsrstlons for the coronation. The question '
was raked; Should the Pope be lnlted' The'
Kmperor considered that he should and for an
Interesting reason:
There are religious dissensions among us. All
trouble of that sort will subside when the Pope
comes. Nobody will want to argue when every
body Is saying: 'I have seen the Pope.' "
There followed a striking profession of imperial
The Emperor ought always to be of the re
ligion of the majority of his subjects. Changes
nf religion are nowadays co longer taken se
riously. There are many roads to heaven, and
honest men have always been able to find their
oun way there from the time of Socrates to that
of Quaker, There yoa have my credo."
It Is uncertain whether It was the Emperor
hlmselt or only the reporter who believed Quaker
to be (the surname ot one of the reformer!.
Tha Naalwa.
from the London F.etntna Sttndtrt,
The wreck reported to-day from Toklo at
.ic Japanese cruiser Nanlwa on the Kurlles,
a group o( Islands In the Northern Paclnc.'recallt
the fact that It was this vessel which was directly
responsible for the outbreak of the Chile-Japan-tse
war In lf4.
The Nanlwa overtook the Chinese traasport
Kow-Shlng, wlih over 1,(100 Chinese troops en
board, which, In view of the strained relatloaa
eiMing between the two powers over Cerea
were being sent from Taku to Corta.
The How-suing was torpedoed and sunk by
tae Nanlwa forty miles oft Chemulpo, with the
las of nearly every tout on hoard, with the reault
that when hositllll's were declared on August 1,
tlx days later, the Japanese Oenetal Oshlma
easily defeated the Chinese forces In Southern
Cerea and obtained control ot that part ef the
gwaen dlsaater avertook the Nanlwa yester
day she had to be beaehed to prevent her slak
ing. All the crew have been laadedaad assist,
ance hai been seat.
alcldal Habit of Butterflies.
From the lniSon M.indard.
Considerable Interest attaches to a migration
ot butterflies to thla country from the Continent
which recently look plare. The migration la
nueallnn consisted chiefly of the pretty "Clouded
Yellow" and tha well known "Painted Ijidy,"
The extraordinary part of the story Is this, that
uone of either apeclea will ever get through the
Krlllbb winter All true llrltlsh butterflies sleep
from October to March, either an eggs, cater
pillars, pupa; or butterflies, but the Pnlnled lady
and Clouded Yellow perish, II has been sug
tested that they migrate back again to Prance,
but the necessity of waiting for u north wind
and the fact that such a wind In October 1$ In
variably loo cold casts some doubt upon thla
tkeory. The Med Admiral Is another let hit to
suicidal migration.
A l'enaatlvanla Ponnbah.
from ls Philadelphia Reetri.
John Htoneslfi-r of Worinloyaburg, t'ura
herlnnd count)', la 11 man of mail)' omeea.
He hna been elected by the liorough Coun-
II to sens nn tit al I h ofllcer In plain of J,
Vxn lliininml, realKiieil, The nuiiibxr of
little Ita now holds total nine, hut be
iimn.iReH to go tlshtiiK M-wral tlnins a wcik
mid Keta tho pioper amount of hlcrp,
Stoneslfer m-nea In the rnlluwlni; eiipni'l
tlt-it: nomiia-h health nnici-r, ImrmiKh high
i nnslutil, lioroUKh ililt'f of police, PtirtitiKh
tax i olivet or, htlioul lux collector, delin
quent State tax ceMe-tor, il'llmiutnt county
tax collector, truant offlri-r and iiimodlan
of publlo buildings
No llecree of a tiCRlslaliirn Can In all
date Chemical Art Ion.
Wasiunotok, Aug. 10. The sugar bill ns
it passed tho Sonata provides for tho elim
ination of tho 'Dutch standard and tho
"roflner's differential, " carried in tho pros
oi it law. These torms aro about as intel
ligible to most of us as are cuneiform
Tho Dutch standard is nn old fashioned
and more or less rellablo method of deter
mining for market purposes tho degree of
purity of sugar by means of Its color. The
test Is now more accurately made by means
of a device known as the polarlscopo.
The main argument for abolishing tho
Dutch standard is that Its elimination
would make possible tho salo of sugars
without passage through tho hands of
refiners, who are said to enrich them
selves inordinately at tho oxpenso of the
consuming public solely by grace of tariff
protection. It Is urged that the elimina
tion of this color test would lie harmful if
not futal to that monster of economic evil
the sugar trust. It may tie paid, by tho
way, that notwithstanding tho glorious
opportunities and tho evil propensities of
this monster Bttgar prices are on the aver
age no higher than they were five, ten or
twenty years ago. The Dutch standard
is not a vital or even important factor
in sugar prices, but the Impression Is un
avoidable that most of what Is said about
it Is iridosoent tommy rot.
The truth Is that whatever could be
done with the Dutch standard cut out
of tho tariff can le done to-day or could
have been done nt nny time for many
years. That test does not apply to sugar
made from tKwts, liocausn all sugar from
that source comoa to the market in n
refined form, as a white and pure sugar.
It applies to cane sugar, whloh consti
tutes, roughly, five-sixths of our market
supply. That supply may be given as
approximately 3,700,000 short tons n
year. While there is variation from
year to year, the sources from which our
requirements were met in 1811 will serve
as an Illustration, thus (in short tons):
Cuba, 1,800,000; Hawaii, 600.000; Louisiana,
345,000; Porto Rico, 325,000; Philippines,
115,000; Santo Domingo, Java, South
America, &o 60,000, and domestic beet
Hiigar, 600,000. The 1 ,300,000 tons received
from Hawaii, Porto Rico, Louisiana and
the Philippines, all cane sugars, paid no
duty and were subjected to no 'official
test by Dutch standard or polarization.
Thoir sugar content and their color wero
matters entirely between buyer and
The point Involved is that any grade
or quality of sugar of any color that
could bo brought to market from Cuba
or Java or any other place If relieved of
tho Dutch standard test can now be
brought from any or all of these now
domestlo sources of supply. It should
be evident that there is some reason for
our failure to get these alleged cheap
and desirable but somewhat off color
sugars, or even to get white sugars of
inferior quality, other than tho existence
ot this much denounced Dutch stand
ard. They can be had at any time to the
extent ot about one-third of our total
requirements and they would certainly
be on our market if there were a market
for them. Tho alleged sugar trust does
not control the output of raw sugar; It can
be bought by the tthipload by any one
who wants It. The fact la that there are
physical, chemical and domestlo reasons
for its non-use, and the elimination of the
Dutch standard will not overcome these
The refiner's differential that the bill
proposes to abolish is the protection now
given to sugar refiners. It amounts to
7' J cents on 100 pounds of sugar. There
may lie some who think this reduction
a vigorous swat at the wicked trust, but
it will have absolutely no effect on the
price of sugar. The consumer will hear
or read' about it in the progress of the
political campaign, but he will never be
able to trace ita influence in bis grocer's
As for the amendment proposing that
all packages containing sugar of less than
n' purity by polariscope test be branded
with figures showing the degree of purity
of their contents within half a degree, a
conference with eXert chemists, official
or other, for enlightenment with regard
to the chemistry of sugars would be help
ful. It will bo found that the unrefined
cone sugars, for which some legislators
propose to open a market through the
abolishment of the Dutch standard, un
dergo a chemical change to an extent and
within a time dependent largely upon
immediate atmospherio conditions. In
damp weather or if the sugar is stored in
a place not entirely free from humidity
the change comes more quickly and goes
further than in dry weather or if the sugar
is kept where it is absolutely free from
moisture. It is in any case only a matter
of a short time before sugar accurately
branded as 05 or 88 or other degree at the
time of ita boxing or barrelling will
undergo this natural chemical change, so
that a pure food Inspector visiting a whole
sale or a retail grocer and testing his stock
of sugar will probably find all of it several
degrees below tho murk on the package.
Who should be punished undor the pure
food law, the original packer who branded
his sugar honestly aa it was at the time
it was packed, or the retailer selling a
commodity for whose inferiority he was
in no way whatever responsible? More
ovor, the polariscope test of every pack
age, even barrels, would bo little short of
a physical impossibility. The test re
quires time and some skill.
Legislation may change tariff rates but
it cannot prevent chemical action in un
refined sugar.
The pantma Canal BUI a Measare Invlt.
Ins Ills Veto.
To the Editor or The 8dm Sir: Presi
dent Taft .Is certainly moat fortunate In his
A year ago, by vetoing the Statehood
meiuiuro, he Inspired confidence In himself
at a time when It was needed. Now comes
up for consideration the Panama Canal
bill pasaod yeaterday by the Senate, by
vetoing which President Taft will gain en
during fume,
It is humiliating to us aa a nation to have
spread broadcast such views as were ex
pressed In the Senate. It will not be out
of tho way for President Taft to state forci
bly tho views of honor and good faith whleh
should govern us. K. T, W.
Ni;w Voits, August 10.
TTlaaaphaat Ulooaa.
From IS Washington mar,
I once met a person who could not be fooled,
So he aald.
Ills conduct he vowed was consistently ruled
lly hla head. ,.
Whatever occurred he would not lose his nerte
When his fortune were low;
It gave him great pleasure to simply observe:
"Hid 1 nut tell ou mi?''
When the home team got whipped or his candi
date tUtl
lie would Millie.
Psperlencn neer could alter a bit
Of his tvl. . . ...
He would rather seem wise In bla own Utile way
Than aucceaaea to clutch,
And drinanded no mure than occasion lossy:
"I eipecUHl aa much.".
Urnrral MeClellan'a Campaigns Are Still
Being Fought.
To tiik niinoii of Thk SU.v Sir' Your
correspondent Mr. J. J. Baxter says that
McClellan allowed hio great army beforo
Itlehmond to bo doubled up. Mr. Jones's
"Diary of a Itebcl War Clerk" (1M2) says
that otter the battle of Seven Pines, won by
about a third of McClellan s army, the Con
federato War Department and other de
partments practically deserted Richmond,
packed the nrchlvcs and took thorn south as
far ns Danville; that they planked the rail
ways for teams and artillery, but then, when
they found that the Federals did not march
in, remained. Meanwhile McClellan re
called Uookcr, who was marching in to
Itlehmond, and deliberately waited thirty
days until Stonewall Jackson could get up
and tho Confederates had collocted no.ooo
Holdleni, raising their strength to l?0,oon
men, und then ho (McClellnnl began to re
treat to tho James lilvcr,
McCtetlan's movements were and still
remain mexiilicubie. Ho had nearly KiO.OOO
troops magnificently equipped with every
modern arm, more than 300 pieces of field
and siege artillery, yet he dally demanded
more men, although he never fought more
than a third of the men he had and was
never present at one of his own battles. H Is
onlers are all extant, to wit: On June l".
IH02, Hooker's and Kearny's divisions were
four miles from Itlehmond, marching with
no enemy In front of them, when an order
came from McClellan, "General Hooker will
return from his brilliant reconnaissance."
This was at the very moment that the
Confederates, according to "the rebel war
clerk," were standing at attention ready to
retreat south tho moment the Federal
troops came In sight (and the families of the
Confederate Cabinet had been sent south
already In fact). Hays John Minor Bolts:
Finding that Little Mae would listen neither te
persuasion nor peremptory orders to march Into
Itlehmond. the alarm of the rebels abated, and
under tho conscription act they collected over
100.000 men and attacked McClellan's army on
tho right stdo of the Chlckahomlny,
Mr, Bolts ("Tho (ireat Itebelllon ." ISM,
page 203) further confirms the "rebel war
clerk and adds that the evacuation of Rich
mond was complete so far as the oloslng of
the banks and the removal of their depoaits
to Columbia, 8. C, and tho collection of
combustibles around all the tobacco ware
houses went. Kvcn then had McClellan
used his entire army ho could have ended
tho war then and thore. The "Seven Days
Battles," so called, were, except Gaines's
Mills practically Federal victories, as ap
pears from the reports, orders and messages
to McClellan from the division command
ers by whom these battles were fought
without orders or reenforcements from
McClellan. After the Confederates were
repulsed at Savage's titatlon (Jeneral
Sumner sent to McClellan for orders "to
push tho enemy Into the Chlckahomlny."
McClellan's reply was: "The rear guard will
follow tho retreat of the main army." Marks
("Tho Peninsula Campaign In Virginia,"
Philadelphia, IsSO says: "On receiptor this
command the greatest displeasure reigned
among officers und mon. They wished to
sacrifice themeelvea In any way rather than
by a disgraceful retreat,"
Again. Mulvem Hill was a magnificent
Federal victory, the Federal army for once
being beyond McClellan's orders and get
ting a chance to nght. McClellan was sit
ting on the deck of the United States gun
boat Galena with his chair tilted back
against the pilot house on the opposite aide
or the deck from Malvern Hill and hla where
abouts were unknown to his division com
manders. ("He had deserted the army of
the Potomac," say Nicolay and Hay in their
"Life of Lincoln.) But when McClellan
heard of hla army's victory he Immediately
ordered another retreat. Hays John Minor
Bolts ("The Great Rebellion." page 2031:
Even the day after Malvern Hill McClellan could
have marched Into Richmond without Impedl
ment, for the Southern army was In a atate Of ex
treme demoralization, Uut Instead we had the
extraordinary spectacle of both armies In full
retreat In opposite directions, one from an over
whelming defeat and the other from one of the
moat decisive victories on record.
After fifty years no explanation of McClel
lan's motive In holding back hla own army
from annihilating an enemy barely a fifth or a
sixth as strong as himself has ever been sug
gested except that he was posing for the
nomination for President, which he after
ward received, and did not want to lose the
votes of tho peace party, North or South.
B. F. Carfbnter.
New Yore. August 10.
Can He Conscientiously Take the Oath or
Allegiance to the Constitution?
To thu Editor or The Scn Sir: Can
you tell me the disposition of the recent
naturalisation caso In Washington or Ore
gon, where a socialist was refused papers
and, I believe, the Judge was or may be Im
peached? Similar action has been taken
before by other Judges. In ex parte Sauer,
st Federal Reporter, 3.13, It appears that In
1891 a Texas Judge refused to naturalize
a socialist on the ground that his doctrine
was not compatible with the Federal Con
stitution, which certainly recognizee the
right of property In the Fifth Amendment
and in tho Fourteenth Amendment as
against State action.
Many of the State Constitutions are much
stronger. The Virginia Bill of Right, June,
1776, declared that "all men have
certain rights namely, the en
joyment of life and liberty, with the means
of acquiring and possessing property and
pursuing and obtaining happiness and
This declaration was repeated In the
Massachusetts Declaration of Rights of 17S0
and is even more clearly stated in recent
Constitutions supposedly radical; for in
stance, in Washington, that "the object of
government is to protect and maintain
individual rights, "and In Washington, Utah,
and even the last Constitution of all, that
of Arizona, that "a frequent recurrence to
fundamental principles is essential to the
security of Individual rights,"
The Constitution of Kentucky states that
the object of government is for the protec
tion ot property; while so great a number as
Alabama, Georgia, Illinois, Missouri, Ne
braska, New Hampshire, South Dakota
und Wisconsin state that the object of gov
ernment Is to protect the citizen in the en
joyment of life, liberty and property; and
Arkansas, California, Colorado, Delaware,
Florida, Idaho, Iowa, Kentucky, Massa
chusetts, Maine, Montana, Nevada, New
Mexico, North Dakota. New Hampshire,
New Jersey. Ohio, Pennsylvania. South
Carolina, South Dakota, Utah, Virginia,
Vermont and west Virginia declare that all
men have a natural right to aoqulre, possess
and protect property. Arknnsts and Ohio
reiterate thtt private property Is "Invio
late"; Arkansaa and Kentucky that It Is
before any constitutional sanction. All of
these are additional to the ordinary due
process of law clause,
Any one of these declarations might
make It difficult for the conscientious so
cialist to make oath to support either the
Federal or such a State Constitution; al
though whether a Judge should refuse him
naturalization papers because of a theo
retical belief to that effect may be another
matter. F. J, Stimson.
Boston, August to.
The Judge has resigned from office, The
socialist's application for cltlztnahlp has
been renewed
Canning Russian ThlatUa.
Syracuse corrpoadar Toptkm feailaf.
Many of the peopla In Hamilton county
hue learned to us tha Ituaalan thistle en
their tabltn, and because of tha fact that
thla once despised weed la the first to
inaka lis appearance In the spring and tha
last tn dlaappear In tho fall, II has bacoma
one of the moat valuable productions of
the southwestern Kansas farm. Last spring
many people used It for greens and praftr
It to any other kind of graena that are
found lure. This summer a numlwr vf
people are canning tha tblatle far wlaltr
eating, putting II up Ilka beaaa.
Compliments for the English and French
of the Dominion.
To the EniTon or The hc.n Sir: "Now
Englander" differs In opinion from Miss
Adams regarding the comparative excel
lence of New England and Nova Kcotlah
English speech. May not I, who havo also
lived for a spell In Canada, add my own
testimony to theirs?
At the university we had many students
from the maritime provinces, who mani
fested, It appeared to mo, a superior taste
and better turn for English than tho repre
sentatives from the New England States,
who were greatly superior in numbers
We were using Mason's grammar, a London
publication, for a text book, and tho Nova
8co tiers. I thought, showed a stronger
llkliig for Its philosophic handling of tho
grammar than was shown by tho boys from
these United States.
To pass to a kindred subject, the French
Canadian students claimed that their own
countrymen spoke better French than
native Frenchmen themselves. This, how
ever, Is true only dans tin sens, Every
French Canadian can speak French, though
tho uneducated speak It badly or course,
where there aro thousands, nay, tens of
thousands, of native Frenchmen who rau
not speak a syllable or the language prev
alent In the land or their birth. In Canada,
au contralre, there Is no patois.
Many purely English words and phrases
have found their aggressive way Into the
French Canadian vulgar vocabulary, to
such a degree even that Illiterate natives
are often unaware that they are employ
ing foreign terms. For Instance, a house
wife of lower Canada will ask tho store
keeper for"du coal ell." It once happened
that an English speaking groceryman took
the store of a retiring eplcler end the tin
sophisticated woman of the house thought
It necessary to ask a neighbor with some
knowledge of the English tongue for a
translation or coal oil, to her a French ex
pression. Among untravelled educated French
Canadians are to be found many who mis
pronounce French words and use terms
that once were but now are not French.
The case Is analogous to that which ob
tains In Ireland, where some phrases and
pronunciations prevail which still were
pure and perfect English in the days of
A living language changes by tho process
of growth: so the Canadian, like the Irish
man, speaks his own language Incorrectly
only because we aro presently living tn the
twentieth century and not in the seven
teenth. J. A. M.
Chester, Pa., August 10.
The Prbiee'i Words to fits Ceuntrjmen
n Starting for Hussla.
To the Editor op Tuk Scn .Sir: Ono
of your readers, who appreciates the ex
cellent despatch of your St. Petersburg
correspondent on the Russo-Japanese en
tente In The Scn of Friday, wishes to con
firm In a way the general purport of tho
despatch. The following is the report of
an Interview "from tho lips ot Prlnco Kat
sura himself," before he left Toklo and which
was given to the Japan Financial and Kco
nomicJorvlMv, the July number of which is
Just at hand. Prlnre Katsuru there says:
It has long been my desire to make a trip
round the world, but the plan had to be past
pened on account of my official duties while
a member of the Government and 011
account of III health while out of
office. Now, however, that I am no
longer In direct charge of State affairs and
enjoy robust health. I deem this the best op
portunity to satisfy my desire. It la with
thla Idea only that I am now starting on a
trip abroad, although the public seem to at
tribute my tour to other motivea. Of course,
like everybody else going on a tour abroad,
I hope to shake hands and exchange opin
ions with tha statesmen, politicians, business
men, scholars and Journalists of Europe, among
whom I am pleased to think I have not a few
friends made only by means of epistolary
communications during the past ten yeura of
my premiership. In these elrcumatancea 1
know not what unexpected and even atari
ling things the press may publish upon my'
arrival tn Europe aa to my "policy," Ac.
Dut ot one thing I am certain, and that la
that whatever the press reports, the Jap
anese Government will suffer not an lota
from It, and will, I believe and truat. give
equal prominence at the same time to the
fact that I am touring tn tha world as a
private person.
While I Intend to utilise the opportunity In
the best possible way for the replenishment et
my stock of knowledre aa to general condi
tions abroad. I wish in particular to seise
every opportunity of hearing the opinions of
the world's noted statesmen and politicians
on the present and future ot China, which la
certainly one of the world's greatest questions,
and In which I take, aa everybody else, a
particular interest.
As hardly needs statlag, I am resolved to
do my very beet during the trip for the con
solidation of tha Anglo-Japanese Alliance and
the Russo-Japanese and Franco-Japanese agree
ment, which are the national guiding prin
ciples of the empire whatever Cabinet be In
power. In Germany also I shall spare no
effort for the promotion of the entente cor-
dlale existing between tha two peoples. I
would like to pay a visit to the United States
also while on the trip, but to my rerret I
think I shall be unable to do to. as the Amer
ican people seem to be very busy over the
Presidential election.
The Japanese statesman. It wilt be no
ticed, assures his country that it will "not
suffer" from hia trip, that he will discuss the
Chinese qucatlon generally, and In the final
paragraph reveals a seml-dlplomatio pur
pose. Your St. Petersburg despatch aptly
gives the result to date of that purpose,
Boston, August 10. dents p. Mters.
DUUcnltlet Put tn Ills Way by Trade
To the EniTOR or The Bux-SO; Lack
of self-helpfulness is partly responsible for
the higher cost of living, but even If one has
the knack or doing many little praotlcul
things he is at times handicapped In efforts
for economy by being obliged to pay extra
tribute for material he should be able to
obtain at first hand.
Living in a suburban house Instead of nn
apartment where the Janitor attends to all
repairs outelde or clocks, one can savo
many dollars which would otherwise pass
to the trades and Incidentally acquire much
useful knowledge.
Recently in making an extension to nur
plumbing system, the work being done by
myself, it became necessary to install two
small special valves. The concern making
mete vaives in new tors refused to sell
them except to a plumber. In order to
obtain these valves, which I could have
carried home In my pocket, I was obliged
to wait over two weeks and In the end nav
xpressage and the plumber's commission.
Is such discrimination lawful? H.
Yonierb, August 10.
lag of Tavolara,
from the London Chronicle .
The legend that Tavolara la an Indepen
dent State owta Ita origin to a royal prank.
While making a progress through his do
minions in lilt King Charles Albert reached
Terranova, a small port on tha anrtheaat
coast of 8ardlnla. Hera Paul Bertoleonl
waa presented to tha King as the rDre.
stntatlve of Tavolara, an Island seven
raues away, us inrormeu his Majesty that
all the Inhabltanta of the Island were Her-
toieonis ana mat ne waa tha head of tha
family, Tha naherman bowed his knee aa
a subject and roae a king, for Churles
waa so amused that ha laughingly gave
mm sovereignty. I'aui I, took the mutt it
seriously, and It became the rustom for
foreign warampa to salute tha stand i
keep up the Joke,
TOTaSKDITOB - Tail HI-K-.s-lr- tn.a,.Mn.
lemplated embellishment of the Hall of Fame
might aet lha rrafumanahln nf n ii.,h.n
whose aalagla at SI cnurrh street pruelalma him
rarpvBicr ami caoiaei maarr, lie o service?
auovT, ua., suptst to. p, j k.
Committees of Bar Assodntion
Itceornincnd Uniformity
in States.
Industrial Accident Compensa
tion Should Bo Compul
sory nnd Certain.
Committee reports to ho presented at
tho mooting of tho American Ur Asso
ciation ut Milwaukee, August 27lo'.t,
include many interesting recommenda
Hons for now legislation. The commit
teo on uniform Statu laws recommnds n
uniform mnrriugo nnd marriage license
net, 11 uniform child labor aot, and strict
conformity In Ktato legislation with the
Federal fond and drugs act of lOOfl.
Tho uniform marriage law requires at
least two competent witnesses; that ths
parties must dnolaro that they take each
other as husband nnd wife; that no mar
riuge may take place without a license,
and that tho license must be applied for
at least flvo days before it may Issue, ex.
cept In extraordinary eases, and that a
marriage contracted In violation of some
of the vital features of this law shall be
Tho proposed marriage law would make
no-called common law marriages impossi
ble. This tuts already been done in twelve
or thirteen .States.
Tho uniform child labor law embodies
the meritorious features of the laws nf
many Status. It limits the time of occu
pation in most cases to six days in tha
week and eight hours a day, between
7 o'clock In the morning and 8 o'clock in
tho evening. In other cases ten hours
uro permitted In n. day, six days in the
week, und until 10 o'clock in tho evening,
and the aggregate hours in any week are
liraitod to forty-eight and fifty-four
The consensus of opinion is that uni
form laws for compensation for industrial
accidents should be enacted by all ths
States and by the United States within
its jurisdiction. Such a law should, in ths
opinion of the committee, be based on
the following principles:
1. It hhould be compulsory and exclusive
of other remedies for injuries sustained
in course of industrial employment.
2. It should apply to ull Industrial opera
tions or ut least to all industrial organisa
tions above a certain limit of size.
.1. It should apply to all accidents occur
ring in the course of Industrial operations
rcguidleiui of the fault of any one, self
Indicted injuries not being counted aa
4. The compensation should be adjudi
cated by a prompt, simple and Inexpensive
5. Tho compensation should be paid in
regular instalmenta continuing during the
disability, or in case of death during de
pendent period of beneficiaries.
s. The compensation should be profierly
proportioned to the wages received before
7. The compensation should be paid with
ns near absolute certainty as pos-dlile.
In the most convenient manner, and there
should be adequate bccurlty fur deferred
Tho committee on commercial law ex
pretwes its conviction thut the national
bankruptcy act is a wiso measure and thut
every effort should be made to prevent its
repeal. It advises against any mesMire
looking to the amendment of the bank
ruptcy act ut this time.
The committee on latent, trade mark
and copyright law discussos and rejects
the suggestion of President Taft that the
Commerce Court should be utilized as n
final court of appeal upon patents and
kindred subjects. The committee dis
approves the suggestion und points out
that the requisites of the judiciary of such
a court are thut they should be learned in
patent law and thut they should also be
judges well equipped in general law.
The law's deluy committee commends
the recent Xew Jersey practice aot, which
contains only thirty-four sections, de
signed to facilitate the practice in the
courts. Ill is practice net abolishes in
New Jersey many of the unjust tech
nicalities which huve hitherto character
ized the administration of justice in most
of the States of the Union.
The special committee on government
liens on real estate calls attention to the
very harsh law (Sec 3186 of the Revised
Statutes of the United States) which gives
the United States Government a lien upon
real property for the owner's neglect to
pay any tax owing by him to the United
States. The commit too states that the
task of finding out whether the Govern
ment has h lien on any piece of property
is impossible, and recommends the pas
sage of tho bill introduced in tho House of
Representatives to cure this menace to
real property ownership.
Benegclarr Sara Gnmnrrrht Left
State Without raying- Legacies. 1
A charge that tho executor of an estate
has left the jurisdiction of the State with
out paying a bequest of $500 to Cardinal
Farley and other legacies is made in a
petition filed in the Surrogate's court for
the removal of the executor. The estate
is that of Anne E. O'Roilly, who died
March 5, 1908. Gustave Qumprecht was
named as executor in her will.
The application to remove Gumpreclit,
which will be heard by the Surrogate to
morrow, 'is made by Thomas J, McGuire
of Convent Station, N. J a nephew of the
decedent, who is also acting as general
guardian of John, James and Charles
McGuire, also beneficiaries.
McGuire aaid that when Anno O'lteillV
died suddenly and the police searched
her house they found secreted in various
places the sum of $4,530, which v. a at
once turned over to the executor The
oxecutor found a deposit of 12,031 in the
nanx tor navingH, wtucn was ciniwn om
ond put In his namo in the Windsor Trust
Company, where tho account now amounts
to less thun $5, The petitioner Kiid tlmt
the executor also withdrew 11,8b'.' from the
Seaman's Havings Bank.
McGuire said that the executor clatrus
to havo paid him $2,RO0 of tho 3,(n due
htm, but ho inwibts that ho has received
only SI, 300. Ho declares that among the
legacies tinnnid in addition to that for
Cardinal Farley are MOO to Calvary IVnte-
...... .nivt .1... t tt r .1... lni-r.
ikii y, i.w iu Ultj uuuti nimein u, uiy ,
omi ijou to the new .incnaei i
who has died during tho time the legai'T
lias remained unpaid.
The petitioner said that the will
eontested by Mary K. Bogeu, a niece, ami
she settled the suit for " The execu
tor was ordered 10 pay this amount out
of a deposit with the Carnegie Trust Com
pany, but investigation shows thlt the
executor had only DO there,
McGuire wild that the exeoutnr w"
ordered 10 (lie an accounting last renru
nry, but Instead of doing so has disap
peared, no said no went to Mumpm-m '
house at 504 Outes avenue. Brooklyn, sua
. wax told by Mrs. Oumnrecht that sli" hsn
no idea where her husband ran be found
Tho executor's attorneys do not know
!!.! . 1 .., . : I
MoOuIre wild that tho total amount
the estate in-counted for is 1:1 1"
1 1'" 4

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