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THE SUN, WEDNESDAY, . JANUARY 21, 1920.
AND NEW YORK PIIES3.
Now York, tVednesdiiy, Jon. 21, 1020,
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Tlio Business Men and the Treaty,
As to nuy alleged diminution of pub
lie Interest In the question of the Wil
ton covenant ond tho WIlsou Leoguo
of Pence, evidence Is multiplying on
every hund of a keener Interest, n
imoro resolute determination In every
jpnrt ot the country and lu every line
of Auicrlctin life to safeguard that
which wo linvc of national Indepcn
denco against that which President
Wilson, on his Individual respousl
blllty, had planned and decided at
Paris that' we should take In spite
Certainly the thousand or more
leading business men of New York
and elsewhere who gathered around
ho tables nt the Hotel Astor night
beforo last to do honor to tho patriot
,lsm In the Senate which has averted
the attempted Infamy were not "tired
business men" in any sense of any ad
cctlvo or participle that denotes In
difference, personal fatigue or wcarl
rtess of the subject. A more impres
sive demonstration there has not been
of tho growth of sentiment against
the covenant's proposals among Amer
ican citizens not primarily concerned
with organization politics. Tho most
uncompromising utterances of tho elo
quent speakers were greeted -wlth the
least restrained enthusiasm. Every
remark expressing a disposition to no
cept the President's defiant challenge
to let tho people decido nt tho next
Presidential election was lienrd with
manifest approval. "I welcome," said
tho Democratic Senator from Mis
souri, "the submission of that ques
tlon to the American people," ns he
presented and clarified with masterly
analysis question after 'question at
Issue between tho President's articles
Jn tho covenant and tho defensive
changes proposed In tho Lodge reser
vations. "Compromise what?" asked
'the Itenubllcau and Progressive Sen
ntor from California, "l'ou can't com.
promise tho good faith of tho United
States. You must not compromise Its
honor or Its liberty." And the Amer
lean business men assembled we're vo
clferously with Senator Heed and Sen-
Tutor Hiram Johnson. The room rang
with their patriotic assent.
Tho climax of enthusiastic imnroval
was reached when Senator Reed, aftor
subjecting, specifically and with un
surpassed force of logical presentation,
'Jevery one of the fourteen protective
Ircservnlions to direct contrast with
that which they amend. in the original
contrivance, put the whole business
itind the wholo question into this broad
declaration of creed and faith :
"I know but one allegiance my
"I recognize but one flag the Stars
1 and Stripes.
5 "t would not sacrifice one whit of
tie liberties or tne American peopie
lor the benefit ot all the aliens born
"I would no more haul down the
American flag at the request of a
President than I would at the com
mand of kings.
"I decline ' to surrender with the
pen what Washington galiud by the
Five-pointed like one of the stars
on tho flag this Democratic Senator
refuses to haul down at tho request
lot a Democratic President I
' These business men and women who
'cheered nt the Astor are not players
.for political advantage. They are not
shapers of partisan policy with a view
to a coming election. They represent
the 8fcat non-partisan sentiment of
'Americanism which is becoming every
day moro sharply defined and which
Js contemplating with opening eyes
nnd growing astonishment the abyss
It has s,o recently escaped.
, Government Spending After the War.
I. The United States Government was
'able to cut Its ordinary expenditures
heavily enough last year to come
down from a war scale of billions a
month to $565,000,000 In September,
1524,000,000 in October, $357,000,-
000 In November and $465,000,000
!ln December. January expenditures
las a rule bulge beyond tho average,
I but this month may make a relatively
good showing, at that. In any event,
after the end of next week 'the Secre
tary of tho Treasury ought to have n
fair Idea of what this fiscal year Is
xglhg to look like In the way of
Amorlcan taxpayers' good money gone
In tho first half of tho fiscal year
beginning with July tho total ordinary
expenditures wcro roughly tlirco and
a half billions of dollars. If wo are
so lucky as to stay within two and a
half billions for tbo present half tid
ing with next June, tho whole -;iU
for tbo fiscal year would bo somo six
billions of dollars.
To look back next July a year and
three-quarters aftor tho armistice nt
that unnuul expenditure of six billions
of dollars will bo staggorlng. I!ut not
to be able to see n hotter year ahead,
not merely by hundreds of millions
but by billions, would bo appalling.
Congress must not let our ponco bills
soar high in tho realms of war bills,
Congress must cut appropriations and
cut them to the bone.' Then tho Ad-
mlnlstrntlvo Government cannot
squander If It wants to squander.
Tho Details About a Conspiracy
That Never Was.
Headers who have a leaning toward
such recondlto matters as the sessions
of an Important Graud Jury will not
go unrewarded from a perusal of the
digest, made public to-dny, of the
consideration of -Mayor Hylan'b
charge that the last Intcrborough
striko was the result of conspiracy
nnd colfuslon between tho railroad
company aud Its employees.
Tu addition to making It apparent
that the conspiracy charges had no
sound bottom, the evidence Is fruitful
In revealing the .Mayor's attitude
toward the public service corporation
In particular and "Wall Street" in
general. Italso shows,, for tho first
time, the growth of tho animosity
which sprang up befween the Extraor
dinary Grand Jury nnd tho District
Attorney, n bitterness culminating In
dramatic situation when Mr.
Swann declined to be a witness un
less subpoenaed aud then refused to
AH that mystery which clung about
Foreman Almirall's appeal to the
Governor for special counsel is now
dissipated, for none who reads the
record of the "protectlori of wit
nesses" by the geutlcmeu from tho
District Attorney's office will wonder
why the'Grand Jury felt that sileh offi
cial aid was, for its own purposes,
worse than no help at nil.
The record of the investigation of
alleged conspiracy seems to form a
finished book. That of the so-called
overshadowing crime, while appar
ently far from complete, affords more
light on this phaso of the Centre street
mystery than has hitherto been shed
It mny be that there was no ulterior
crime sufficiently opaque to cast
shadow, just as there was no conspir
acy except that which wagging
tongues created. 1
The case, while Improved by the
sunlight of publicity, is still unsatis
factory to both sides. What the pub
lic will find in it most to admlro is
tho patienco of Justice Weeks, who
evidently did his best to clear an air
filled with the electric storms emanat
ing from a petulant District Attorney
and a determined foreman, and whose
forbearance with irritating officials
has been so steady that lawyers with
memories must be led to wonder how,
under similar circumstances, Recor
der Smyth would have treated a Dis
trie Attorney who adopted methods
like Mr. Swank's.
doflanco of tho protests, tbo warnings
nnd tho threats of professional labor
agitators' and strike leaders. They
brought nil their powers of bulldozing
to bear against both tbo Governor nnd
tho Kansas Legislature to prevent tho
passago of this act. But they did not
get away with it. Every professional
labor agitator or striko leader now
knows that tho pcoplo of Kansas aro
against strlkcs. That fact Is going to
count for much whatever tho merits
of tho particular anti-strike measure
may or may not be.
Our Judgment Is that tbo creation
of tbo Kansas Court of Industrial
Relations will bo productlvo sooner or
later of benefits not only lu Kan
sas but in tbo United States at large,
Rut if the Kansas legislation should
take a generation to work out tho
practical results essential to Its final
success, already It has dono ono good
nnd big Job ae a moral tonic, a na
tional Job In showing that legisla
tures and governors no longer need to
shako In their boots under the bully
ing of labor union politicians.
Kansas Against Strikes.
Ot the Kansas. Court of Industrial
Rolations, set up to discourage strikes,
lockouts nnd other deterrents of pro
duction and distribution of food,
clothing nnd fuel, it may be snld, prob
ably will be said, by analytical sharps
that the new act erentlng the so-called
court has had put Into it more "Ifs,"
nnds" and "whereases" than teeth.
If such criticism Is Well grounded the
flaw may be due to a series of Con
stltutlorinl bumps, Stato nnd Federal,
which tho Kansas lawmakers have
tried to hurdle without n skinning of
legal shif. But though the act bo
far troA perfect, though It should not
prove to be practicable in Its work
lncs. though it should not stand the
Judicial test, its purposed work is well
The new Court of Industrial Rela
tions alms to keep public utilities
running and food, clothing and fuel
industries producing by summoning
firms, persons or corporations engaged
In such business and work, inquiring
into their disputes, examining their
records and Investigating working
conditions nnd wages, together with
capital returns, and adjusting all such
controversies. It has the authority to
make awards, though tho power to
enforce them may be doubtful,
This Kansas legislation, however, Js
not only Interesting for what It seeks
to do, but important for the way In
hlch tho legislative nnd executive
uthorlty of the State carried through
the work. It Is Interesting because it
starts something In the direction of
protecting the public from special In
terests, whether of organized capital
or of organized labor, which In their
Incessant disputes nearly always have
disregarded tho welfare nnd the rights
of all the people. For n man or a
Legislature to do something when
nearly everybody else Is merely talk
ing Is laways well worth while. To
make an honest, resolute trial of a
thing which ought to bo done but
which nobody has beforo tried to do
will sooner or later bring something
llko the desired result.
It was Governor Allin who
Jumped Into the coal striko situation
when the people of bis State were
freezing, nnd began to dig coal for
tbem. And It was tho Kansas Lcg
lnlnturn which backed him nt) In Ills
digging or mo coai. it was uovernor
Allen who had the bill to prevent
strikes Introduced; and it was the
Legislature of Kansas which again
backed him up. t passed his bill la
To no man in all the history of tho
world has capricious Fate been so
lavish of opportunity as to William
HOHENZOLLERN, tllC CXllo Of ChAtCdU
Destiny made him ruler of n people
docile, patient, Industrious, which "fol
lowed him loyally In peace aud war.
Fnto decreed that ho should hav
the choice of flight or defiance lu
moment of danger.
Had he chosen defiance his life
might have been the price; ho would
have won relief from the existence ho
leads. But It Is moro likely that he
would have survived, tho ruler of his
people, the Idol of tho cult which sees
divinity in kings.
Ho choso flight, but with him went
To him this day Fate again presents
golden opportunity. Ills enemies seek
him. They approach his unwilling
keepers demanding his person. They
hnve arraigned him. They plan J
prosecute him. They hopo to punish
him. Among them arc some who con
template his execution.
He has but to say : "Fix tho day,
tho place of my trial; I shall be
It might cost ,hls life? What can
mere life mean to an ex-Emperor?
Making Slackers Into Loyal Citizens
The United States knew compare
tlvely little of tho conscientious ob
jector until the selective fct-rwee not
went into operation. He hud small
place In the early history of tha coun
try, and on account of tho limited np
plication of the draft act he presented
no problem during the civil war.
Even In the last war the name to the
great mass of people had no special
significance, or if it had any meaning
at all It was that of coward or
slacker. The rather serious problem
which tho conscientious objector nctu
ally presented Is set forth In the Co
lumbia University Quarterly by Dean
Hablan F. Stone of the Columbia
Law School, who was a member of
the Board of Inquiry which was
charged with tho disposition of case's
of drafted men who had refused to
perform military service on the ground
of conscientious objoctlon.
There were about twenty religious
sects whose representatives appeared
before tho board and claimed exemp
tlon. Of these tho Quakers, the Men
nonites, the Huterltes, the Dunknrds
and the International Bible Students
were the most numerous nnd most
prominent. The war revealed other
socts-of lesser Importance which were
almost unknown to the world at large:
those of the Israclltish House of
David, who never cut their hair or
beard, refrained from eating meat and
lived Isolated community life In Imi
tation of that portrayed In the Old
Testament; tho Molokans, who enmo
to this country to secure Immunity
from military service and to whom
was given tho irreverent name of Holy
Jumpers ; another religious body which
on account of a religious observance
was called tho Holy Rollers; the
Chrlstadelphlans, the Church of God
nnd Saints of Christ, and a church
organized In Salt Lako City about tho
tlmo tho draft law went Into effect,
of which the principal tenet wns non-
participation In war nnd which had
only two members, both of whom ap
peared before the Board of Inquiry.
The Quakers produced the most fa
vorable impression, not only on ac
count of their high degree of Intelli
gence but on. account of their willing
ness to perform non-combatant ser
vice. Many of them eagerly ac
cepted the onerous and often danger
ous service of the Quaker Reconstruc
tion Unit in Europe. In fact, the
Government problem would not have
been serious had it had only tho Qun
kcrs to deal with.
The other religious objectors, with
tho exception of tho International
Bible Students, belonged to sects the
members of which lived In isolated
communities and their most impor
tant concern wns the material welfare
of that community and their literal
compliance with tho law ami teach
ings of the church. Their average In
telligence was low; fow performed
any duties of tho citizen iixcept to pay
taxes; they had no comprehension of
the Issues of the war and a stolid In
difference to the moral and political
questions that interested their fellow
Of the non-rellglous objectors, the
group about whoso good faith, Dean
Stone says, there was the least doubt
was that of tho "extreme pacifists who
were able to establish that they had
before tho war held and asserted the
belief, on moral grounds, In non-re-
slstnnco to force." Many of them
wcro vegetarians, refusing to cat moat
or wear clothing mado from slaugh
tered nnlmnl and orposcd to taking
Ilfo In any form. Fow wcro men of
education, but niQst of them wcro
readers of Tolstoy's writings nnd
pacifist literature. Somo were men
with nn abnormal aversion to blood,
men who gavo every ovldonco of im
minent physical collapso at tho sug
gestion of scenes ot vlolcnco and
bloodshed. Nearly all theso men came
from Russia and their nppcaranco sug
gested to tho lay mind tho possibility
that scenes in that country had bcon
the cause of their Inherited abnor
malities. Dean Stone had less faith In the
sincerity of tho little group of paci
fists gathered from tho leading col
leges and universities of the country.
They wcro egotists nnd glib talkers,
with n monumental self-confidence
that could forcsco tho truo doctrines
for society with unerring perclp'lence.
They wcro nearly all men carefully
reared In good families, but With lit
tlo contact with tho realities of Ilfo ;
and their practical cxperlenco limited
to dilettante engagements In settle
ment or social service work,
i Tho results ot his observations
Dean Stone sums up In tho state
ment, "No phnse of tho gre0t war has
presented so many questions uffcctlng
tho citizenship of our country requir
ing Intelligent study." Many ot the
Ignorant religious objectors, ho be
lieves, would hnvo been loyal citizens,
tho first to offer their services to tho
country If they had been eulUrhteucd
by education. While ns regards the
educated college pacifist ho Is puzzled
to know what forces aro at work In
our social and educational life to pro
duce the "III balanced and distorted
Intellectual processes by which these
young men, In many respects lntelll
gent, had worked out their social phi
losophy," The whole- matter would
thus resolvo Itself Into a question of
education, with the responsibility not
alone upon the school teacher but
also upon the disseminator of Infor
mation on all that Is vital and Impor
tant in public Interest.
MR. MUNSEY'S PURCHASE OF
THE "NEW YORK HERALD."
X High Grndo Newspaper Whereof
the Grodo Is to Bo maintained,
from Me Vtlca I'rut,
A notable' newspaper transaction Is
the purchase of tho New York Herald
by Frank A. Munsey. With that dally
tlio name of James Gordon Bennett waa
long connected and through two genera
tions It maintained an honorable and
lending place In American Journalism,
With It go Hie Evening Telegram and
the Paris edition of the era Id, a large
and handsomo property. The Neu York
Herald made a unlquo placo for Itcolf,
always enjoyed extended circulation and
on certain subjects was regarded as the
very best authority. It was always a
high grade nowspapcr and will bo bo
oenttnued under tho new management,
Elghty-flvo Years of livcntfnl Ex
from the ChrUtlan Bdtnct Monitor.
While not a .llttlo Interest lias been
manifested tn the announcement In press
despatches ot the sale to Frank A
Munsoy of tho New York Herald and
the other newspaper properties, Including
the Paris edition pf tho Herald, founded
and for many years controlled by tho
Bennetts, tho greater Interest of the pub-
llo Is perhaps In the announcement, yet
to bo made, as to tho future plans con
cerning those publications. The new
owner ot the Bennett papers, as Is
Tho change lu tho French Govern
ment menus that the difficult task of
rebuilding the devastated region is to
pass from tho hands of Captain Andb
Tahdieu, from whose youthful energy
nnd enthusiasm n great deal had been
expected. Although tho new Premier,
M. Millerand, seems to hnvo urged
him to retain his portfolio ns Minis
ter of the Devastated Region, M. Tar
oieu apparently did not wish to cm
bnrrass the new Government and has
elected to step out with his chief,
Clemenceau, whose close mlvlnei he
had been during tho progress 'of the
Of tho men surrounding Clemen
ceau during tho Pcaco Conference
Takdieu was easily first In the af
fections of the "Tiger." It occasioned
no surprise therefore when n few
months ngo u vnenncy occurring In
tho Clemenceau Cabinet Taruieu wns
promptly elevated to It and he turned
from diplomacy to tho task of raisins
France from Its ruins. Unusually
young for a Cabinet post, to many his
career seemed meteoric, as French
politics go, his rlso dating from the
time when he was appointed head of
tho French High Commission to this
country. It was his knowledge r
merlca and his supposed under
standing of the 'Wilson psychology
which caused Clemenceau to lean
upon him to tho extent ho did. Three
months ago ho was being talked of as
a possible Premier, only his age being
against him. But having urged Cle
menceau to accedo to the Wilson
demands that the covenant and treaty
be Interwoven on the ground that the
American people were behind the
.'resident, it wns Inevitable that tho
defeat of the treaty in the henate,
completing tho disillusionment of the
French people, should have unpleasant
political consequences for him.
It is to be regretted, however, that
In a work like that of rebuilding her
destroyed cities Franco Is not to have
tho benefit of his talent for organiza
tion and capacity for hard work.
Mr. Fosdlck's "Embarrassment.
In tendering his resignation to the
Secretary-General of tho League of
Nations Raymono B, Fosoick, the
American who has been acting as
Under Secretary-General, displays a
somewhat unfortunate state of mind.
Ho says in his letter to Sir Eric
"Now that tho League of Nations
Is no longer a provlslonajjprganlza-
tlon but has become established as a
going concern the continued lack of
decision as to America's course places
me personally In a position of pecu
liar embarrassment. In order, there
fore, to avoid any confusion or mis
understanding as to my position as
Under Becretary-General of tho
Leaguo It seems best for me to ten
der my resignation."
If Mr. Fosdick has found his post
tlon of "peculiar embarrassment" It
has been no fault of tho branch of
this Government which has been care
fully studying the scheme which Pres
ident Wilson, of whom Mr. Fosoick
Is a protege, attempted to hurry
through. -No American representative,
official or otherwise, In a foreign coun
try should confess "embarrassment"
becauso his own nation refuses to
rush up n blind and very dark alley.
As for the "continued lack of de
cision" of which Mr. Fosdick speaks
thcro Is rather a plain nnd final deci
sion on the covennnt In tho form In
which It was presented to tho United
States by Mr. Wilson. Americans
will not have It.
Ono wonders whether the Hon. Jo-
BEMiua Daniels really shares Admi
ral Sims's ecoming delight tn encoun
tering and weathering squalls.
Out of Job1.
Th Corkecrew And they always said
path and pull would accomplish anything
known, Is now thi owner and- publisher
df Tub sun and Tub Evenino Sun, both
well established New York dally news
papers. Sir. Munsey la a Republican In
politics, whllo tho Herald has always
been regarded as a stanch organ of the
Democratic party, though not a consist
ent supporter of the policies of the pres
ent Administration. Until a declaration
o? tho new policy of tho Herald and the
other Bennett publications Is made, of
course thcro can be llttlo moro than mere
conjecture as to their future, although
the confmoh assumption Is that their
continued Issuanco In their present form
and along tho line ot their established
policies Is Intended.
Tho acquisition by Mr. Munsey ot the
JeraW gives him personal control of
two of the oldest dally newspapers In
New Yorlc. Tins Sun was founded by
Ben Duy In 1833 and tho Herald by
James Gordon Bennett, Sr., In 1S3B.
The Su.v and tho Herald wero long
competitors In tho Held of one cent dally
newspaper publications. Tils Sun, es
tablished as an experiment and as an
Intended competitor In tho popular field
against what. In thoso days, were known
as tho "slx.ccnt" dallies, scored an al
most Immediate success. The cider
Bennett, a Scotsman, trained In news
paper work on the Courier ond Enquirer,
a New Yorlc paper, was a Tammany
man and n Jacksonlan. Ho mado the
Herald's principal feature Its page of
Wall Street news. From Its Incoptlon
the publication became, rather than n
newspaper In tho strictest sense of tho
word, the personal organ of Its founder.
Its policies made for its owner many
admirers and many enemies. Tho Her
ald of those days' was regarded as ec
centric and vindictive, though always
fearlcsM. Tho resourcefulness nnd
adroitness of newspaper publishers In
tho '30s, perhaps moro than at the pres
ent time, wero often displayed In their
ability to bo tho llrst to reach the pub
lic with tho moro Important Items of
current news. Thoso were the days be
fore tho telegraph and tho press asso
ciations mado the collection and dis
semination q news a somewhat routlno
In 1872 tho Herald passed to the con
trol of James Gordon Bennett, Jr. There
had been many Important changes In
the manner of newspaper publishing- by
that time, and tho newspapers of New
York and other cities of tho United
States had grown In circulation and In
value. Horuco Greeley had been suc
ceeded in tho Tribune office by White
law Held, afterward Ambassador to the
Court of St. James, but Mr. Dana re
mained for many years thereafter at the
helm of Tub Sun. The younger Bennett,
as he waa called In those days, elected
to contlnuo the policies of the Herald's
founder. Indeed It Is said that he em
phasized and accentuated these policies.
Tho Herald became, moro than ever be
fore, a Bennett organ. The Income
from tho property permitted tho Indul
gence of almost any deslro or any plan
for exploitation. One ot tho first spec
tacular acts of tho second Mr. Bennett
was to fit out the Jeannetto expedition
to the Arctic. The next was to send
Henry M. Stanley to nnd Dr. Living
stone, then somewhero in Central Africa.
In 1887, after Mr. Bennett had taken
up lilc resulence -permanently In Paris,
he established tho Paris edition of his
New York paper. He also started a
Ixmdon edition,- which was soon sus
pended. From Paris Mr. Bennett for
many years directed the details and
policies of his American papers by
cable, frequently making unannounced
visits to New York for "conferences,"
many of which are still vividly recalled
by present and former directing heads
of the Herald.
It may be said of tho second Mr. Ben
nett, In relation to his continued poli
cies concerning tho Herald, that many
years ago ho directed that former poli
cies of personal attack and sensational
ism be abandoned, nnd that every ef
fort bo made to get and publish tho
news. Thla avowed policy, -whatever
may. bo the future of tho iaper, will
presumably be continued under Its
changed ownership. There hava been
many changes, both lnslda and outside
tho Herald offlce, during tho elghty-flve
years of Its eventful existence.
New York Herald cots out
another evidence) of the fickleness
publla toward newspapers. Tlmo was
when this one was Indispensable. Its
news columns covered tho world,
Rumor has It that In tho fine days
of Herald prosperity Mr. Bennett, the
younger man, who lived In Europe, used
to draw on the treasurer for $10,000
every Tuesday and then get the balance
at Hie end of tho year. Those merry
days ended beforo Air. Bennett died, Mr,
Munscy'a decision will bo watohed with
CUMMINS RAIL BILL
THE MAN FOR THE MOON.
A Nomination by Ono Who Realizes
What the Honor Will Mean.
To thb Editor or Tub Sun Sir:
have been very much Interested In your
editorial article of January 13 In which
you speculato on itho possibility of
trip to tho moon by moans of the fur
ther development of Professor Ood
dard's Invention. You realize ot course
Isow quickly science perfects her won
dera In these times, and I am writing to
you In the Interests of humanity and of
Die moon dwellers whom a distinguished
historian of your clvlo Infancy has
called lunatics. Surely It Is not pro
maturo to suggest that wo cast about
for a passenger on that Initial trip to
I Judge from the tono of your cdito
rial article that Tun Sun has no one
especially In mind for the honor
being the first Interplanetary visitor.
Wo should choose carefully In order to
give our friends a pleasant first Im
presslon of our type. Moreover, may
not suggest that It Is an honor to bo
conferred with lovo In our hearts upon
ono of us who has achieved prominence
In our affairs, The Sun Bhould call
upon Its readers for names of those cml
ncnt personages whom Uicy propose as
candidates for this hth position.
Just to give an Idea of tho sort of
man I have In mind I will furnish you
with the name of one whom we all know,
a man of calibre, one who holds a post
tlon of trust In our nation. This gentle
man Is also In charge now of a fleet of
aeroplanes, which makes his selection
doubly fitting. There will doubtless be
other candidates, favorites ot your
readers, but here Is one that fills the
bill In my opinion, and he not only
satisfies our. Idea of tho typo required,
but wo can spare him from our midst,
Who Is there, I question, better for our
reprosentntlvo to tlte moon people than
our Mr. Burleson?
William H. Wooprcjt,
Chester, N. J., January 20.
JUDGES AS LAWMAKERS.
Would tho Flan for Simplifying Court
Practice Bo Constitutional!
To the Editor or The Sun Sir:
fully concur with the exclusions of Gil
bert D. Lamb as to the proposed
changes In the Code of Civil Procedure,
He might. In my opinion, have further
pointed out that tho scheme of Judgo
Clearwater to have the 112 Judges ho
sneaks of make tho practice law of our
courts would be clearly unconstitutional
and wltljput the power of the Lcslslaturo
to gram, ino lonsuiuuon, .Amcie in.
section 1, says: "The legislative power
of this State shall bo vested In the Sen
ate and Assembly," which power It has
been held cannot be delegated by the
Legislature except to municipalities and
boards of supervisors to a limited extent
ns therein provided.
To dclegato to the 112 Judges the
power to make the practice law of our
courts would be to set up a sort of a
sub-Ieglslatlve body. Judgo Clearwater's
theory seems to bo that by the repeal of
the Code of Civil Procedure the Supremo
Court, now composod of 112 Judges, Ipso
facto would and could resume as by the
first Constitution of-.tha Stato the right
and duty to make fho practice law of
the courts and that their nets In so do
Ing would be purely Judicial, necessarily
assuming that In their deliberations and
adoption of the rules they would act In
George Van Etten,
AVest Hurley, January 20.
.THAT COLLEGE STRAW.
From fA Uartord Courant.
Tho rrlost Important event In the
newspaper world that has developed for
cars Is tho purchaso by Frank A. Mun
sey of the .Yew Yorfc Herald and Its
evening Satellite, the Telegram Mr.
Munsey, after minor newspaper ven
tures, bought The Sum some time ago,
and It has made great, progress since.
The Evehino Sun was, and still Is,
out of the "A. P." In getting the Tele-
gram ho has a chance for securing an
other membership In tho great news
gathering organization. If he merges
tho Telegram In The Evenino. !Jun he
will turn tho trick. It will be recollect
ed In newspaper circles that not many
years ngo Mr. Bennett, while In Europe,
decided to drop the Telegram, and dic
tated by cable an announcement which
was dolefully explanatory ot tho failure
of tho paper. Tho next day ho recov
ered his nerve andrecanted his declaration.
Whether the famous Herald must o,
too. Is the problem. Apparently Mr.
Munsey has not decided for himself
and he Is a man who makes his own
decisions. The wide sweep of tho new
move lies In Its possible relations' to
the Herald, a paper whoso reputation
Is wider than that of any other, unless
the London Times Is excepted. If the
More Than Two to One Against tho
To tub Editor or The Sun Sir: In
The Sun of January 17 Senator Hitch
cock Is quoted as having had read Into
tho Accord his analysis ot a partial re
turn from tha straw voto on treaty rati
flcatlon as recently taken In a majority
of the Institutions of higher education
In tho country. He shows from the rec
ords of those Institutions which he chose
that 45 per cent, of the voters favor the
ratification with unaltered "l's" or "t's.'
He seems to have failed to notice, how
ever, that n vote for any one of tho
other proposals, namely, no treaty at all,
a treaty with the Lodge reservations or
a treaty with some modification of the
latter must ot necessity bo a vote
against the Wllsonian mandate of no
Taking even Senator Hitchcock's high
estimate, the difference between 100 per
cent, and 45 per cent still remains 55
Der cent, against the proposition. The of
ficial returns on the four proposals are
Unaltered treaty, 32.6 per cent.; no
treaty, 10 per cent. ; Lodg reservations,
IS. 4 per cent; some compromise. 39
per cent, and the ratio stands 32.6 tor
and 67.4 against tho document as It
was written. On a constitutional basl3
It Is a little better than tho necessary
Figures do not He when they are
John S. Van Nest.
Princeton, N. J., January 20,
How Europo Might Pay Its Debts,
To thb Editor or The Sun Sir:
would grant England, France and Italy
further credits on theso conditions only:
Let each pledge Itself to pay on ac
count all the money now being spent or
to bo spent on army and naval expan
sion. It would pay Interest on needed
credits and amortize the debt nicely.
But as long as they continue to squan
der billions on militarism It Is crimi
nally foolish to uphold them In their ex
travagance. Better losa what wo have
ventured than to back further losing
nags that persist tn running wild.
Binoiiamton, January 20.
Itewarda of Merit.
Tha tlmea hava changed sines Farratut
Did battle on tha wave.
Now honors ara distributed
Unlquoly to tha brave.
A mariner who ataya ashore
And never aalls the aea
Nina numbers on tha nary Hit
Advanced la sura to be.
An oDcer who savea his ahfp.
Though with the beet Intention,
I.o! In despatches merely gets
An honorable mention.
Out If, behold! ba loses It
In wa"r time to a foet
Or throuzh an accident, then he
Receives the D. a. O.
Anti-Strlko' Olanso Guarnnteo
Against Civil War,
BITTER AGAINST UNIONS
Senator, in Speech at Prov
idence, Scores Labor
Providence. Jan. 20. Tho EO-called
"antl-strlko" clauso In tha Cummins
railroad bill, now In conference between
the houses of Congress, Is the first sub
stantial movo made "to olvo a problem
which has In It tho germs of civil war
and revolution." Senator Miles I'om
dexter (Wash.), an aspirant for the
Republican nomination for rrcsiaont,
declared to-nlcht In an address on
"Anti-Strlko Legislation" before an au
dlenco of business men.
"If It Is not solved by law." ho said,
"It will be solved In blood and perhaps
In the destruction of our Institutions.
It Involves) tho question whether Indus
trial disputes, the adjustment of wages,
tho terms and conditions of the employ
ment of labor In commerce and Industry,
where employer and employoe cannot
agree, are to lio adjusted by tho orderly
processes of government, through rea
son and public opinion ns officially ex
pressed, or by force, terror and intimi
"While It Is confined to thoso engaged
In Interstate commerce It Indirectly
affects every Industry because every
Industry Is dependent upon public trans
portation. It Is very likely that Con
gress would have power to go much
further than Is proposed by this sec
tion and to prohibit such conspiracy, or
such act In pursuance of such con
splracy, to hinder tha movement of
commodities In Interstate or foreign
commerce, whether tho operation of
trains or other facilities of trar.sporta
tlon were Interfered with or not. But
the section is narrowly limited to hln
derlng the operation of trains or other
iAc.iHUe.-j of transportation. And If the
principle Is established by tha enact
ment and enforcement of this cectlon
tho path will have been cleared which
can be followed both by the Federal
Government and by the States, as tho
necessity therefore may- appear, In. the
industrial .struggles of the future.
It will bo noticed that the word
strllto' is not used In this section. It Is
strenuously opposed by some as Impos
ing Involuntary servitude upon railway
employees. Nobody In this country
would have the hardihood to proposo a
law of involuntary servitude, and If any
such law were enacted It would have no
effect under the express guarantee of
our free constitution and would be at
once held void by the courts. The com;
mlttee which framed this bill, however,
to anticipate any possible misinterpreta
tion of Its Intention, has expressly neg
atived such construction. Under It men
would have a right to quit work, cither
singly or collectively, unless It were
rroved beyond a reasonable doubt that
such quitting was In pursuanco of a
combination or agreement and with the
Intent and purpose 'to Intentionally hin
der, delay or prevent tho operation of
trains or other facilities of transporta
'Such hindrance of movement of
trains may bo effected In various ways.
No particular way Is specified In tho
statute. H might b dono by putting
ties on tho track In front of a moving
train, it might be dono by blowln? ud
a bridge with dynamite. It could be
accomplished by Intimidation or terror
Ization of trainmen or. other employees,
by threatening to kill them or their
families or to destroy their homes If
they operated trains. And so tho act
f enacted would at least not bo con
fined to strikes.
"If this species of vlolenco can be
used to enforce economic demands it can
bo used to enforce political demands and
oxvress threats have recently been made
uy mose m positions or power that it
would bo used to compel the people to
purchase tho railroads and turn them
over to tho officials nnd employees under
wnut is Known as tho riumb plan. Fur
thermore, if this system of coercion can
bo used to control tha disposition of
railroads It can bo Used to control tho
disposition of all Industries, ot all prop
erty and of tho functions of the Gov
ernment Itself, and to enslave tho
SPEAKS IN MOSQUE
Makes Two Hour Political
Address in Cairo.
Cairo, Jan. 20. An unprecedented In.
cldent occurred at the Mosuue of Kl Ai.
bar last evening. An American woman
gave a two hour political address before
great gathering. The name of the
speaker has not yet been learned.
The Mosque of El Azhar was orlcln-
nuy uuiit uy uoiiar, the founder of Cairo,
about A. I). 973. It was transformed
into a university In 9SS.
The number of students, which rose
o nearly 10,000 in tha latter part 0f
tne nineteenth century, decreased con
Iderauly since British occupation. The
teacning in this institution Is not cdu
cation in a modern sonse, but consists
merely of learning by heart vnrlous old
treatises on religion, Jurisprudence, logic.
rneionc ana poetry.
The Sun Calendar
Eastorn Now Yorlc, snow or Ice, to
day, except rain In extreme southsrfi
portion; south and southwest winds be
coming strong nnd tfhlftlng to west and
northwest In afternoon. To-morrow
colder and probably fair.
New Jersey, rain and warmer to-day!
potilbly Ice storm In Interior, with fresh to
stron; south winds shlftlnr to west and
northu-eet: fair and colder to-morrow.
Northern New England, snow and warmer
to-day: colder and probably fair to morrow:
increaslnr south winds becominr ttroiii orer
southern portion and shifting to west to
Southern New Kntlsnd, anow or leo to-day
except rain on islands: warmer: colder sn4
probably fair to-morrow; south winds 1.
comlnir etronr and shifting to west and
Western New York, anow and colder to
day with fresh to stronr west and north
west winds; local snows to-morrow, colder
In eastern portion.
WASHINGTON, Jan. 10,-A narrow trouth
I low nreiaure extends from Texas north
eastward trt Lako Krlo, with tho principal
of low prciauro extends from Texas norl.
centra of disturbance orer eastern Lako Erie.
On either slue pressure Is hlch nnd It Is ruins-
ranldlr In tho Welt. As a result ot this
distribution there wero snows from the
uupor MlsaiMlppl Valley eastward, with aoms
local Ice storms in southern Mlchlcon, new
York and southwestern Now Enrland. Thorn
wero ,-ilso light rains In tho Ohio Valley.
Kluwhore the weather was rmiorallv fair.
It Is much cooler In tho plains States and
tbo Northwest and in Virginia and North
Carolina and low te.mpornture contlnuo from
tho upper Mississippi Valley eastward. In
mo iuko refiou, uu omo valley ana inn
South temperatures ara very hlrh for the
season. Thoro will be snow Wednesday lu
tho ialto reclon and northern Now En-land,
rains or Ice storms in southern New Knr.
land, tho middle Atlantic States and tho "lilo
Valley and rain In Tenneswo and the north
portions of the east Gulf States lollowett
by renorally fair weather Thurmtav. nieont
alonr the lower lakes, whero snow flurries
ara probable. In tho south Atlantic States,
except 1'lorlda and In the south portions ot
ino east uuu states, thcro will bo rain
Wfldneedav tli?hl nnrf nn Tlitlmrlnv It will
bo roklur Wodncsdsy in tho lako rejlon, tho
Ohio Valley,- Tennessco and the lower Mis
sissippi Valley, with a cold wavo at nliht
in tho upper Ohio Valley. It will bo some
what warmer Wednesday lu New Enjland
Slid tho middlo Atlnnlln St.ltn anil ffnornllr
colder Thursday throuthout this ontlro furs
cast district, oxcopt in Florida and tho upper
lako roclon. Storm w-arninfa are displayed
on the Atlantic coast trom Dolawaro lireuk-
nmur iu i-uriioca, -Me.
Observation, at TTnltoil Giai. Tr.i,,h..
Bureau Stations, taken at 1 1' M rulirdav
eeventy.fifth meridian tune:
Temperature. Bar- last 21
Stntloos. Itlf h.Low. ometer. hrs. Weather.
Atlantic City... It
Kansas City.... 33
Los Angeles.... C3
New Orleans... 1i
Oklahoma City f,8
Portland, Me... 14
Salt Lake City. 44
San Antonio... w
San Diego Eg
San Francisco.. :.8
St. Louis 4S
20 20.00 . .01
T.OCAT, WEATHER RFCOHPS.
S A. M. S P. M.
. Traco Trace
The tomDeratui-A in thin nltv v.Btnr.iv a
recorded by tho official thermometer,' is
shown In tho annexed table:
8 A. M 15 IP. M...
9 A. M 15 2P.M...
10 A. M 15 3 1'. M...
HA. JI 1? 4 P. 51...
12 M 22 6 P. M...
9 A. M .15 31
12 M 23 40
H'.M 24 43 ISMId...
iiignot temperature, 21, at 8 1'. JI.
lowest temperature, 12, at C A. M
Average temperature, 22.
22 C P. M 24
21 7 P.M... '..27
24 P. M 31
21 9 P. M 21
21 10 P. M 20
8 P. M 21 4
9 P. M 23 3S
TO CUrfB PROFITEERING.
Assembly 1111! Provides Commis
sion, to Inrcatlirnto Lenses.
Special DtMpatcA to Tn Be.
Auianv, Jan. 20. Measures aimed nt
rent profiteers were introduced In the
Assembly to-day by Assemblyman
George M. Jesse of -Manhattan. Ono
provides for tho creation of two rent
commissions, one for New York city and
tno second ror uurraio and llochestcr.
The Governor would have tho power to
name three commissioners for each dis
trict. The bill would give the rent com
missions power to Investigate whether
rents, service nnd other conditions of a
leaso for U9e of rental property are fair
nnd reasonable. Such nn Investigation
could "be made either upon complaint or
upon tho Initiative of the commission.
RELIEF BILL IGNORES NAVY.
Dnnlel Tell Congress Snllors lie-
arnt the Sllsht.
AVasiiin'oton, Jan. 20. Attention of
Congress was called to-day by Secretary
Daniels to tho failure to provide for tho
navy In tha bill passed last month grant
ing six months pay to widows or other
dependents of army officers and men
who die In service. The recognition of
the army alone "has caused discontent"
In the navy, the Secretary said.
Xevr Hampshire IleJects Chances.
CoN'CORD, N. 11., Jan. 20. The fconstl-
tutional convention to-day rejected two
proposed amendments regarding taxa
tion. The purposo of the rejected
amendments was to give the Legislature
power to tax Incomes and to classify
taxes in sucn a way as to relieve Dur-
dens now placed on growing wood and
American Society of Civil Engineers, an-
all day. . ' """"
.New- ork Piano Manufacturers Associa
tion, dinner, Hotel Commodore. " P. M.
Poultry and Pleeon AURnnlntlnr, n.Klkl.
tlon. Madlion Square Garden, all d.iy.
American Hardware. -Manufacturer.' As
coclatlon, meeting. 10 A. M.; luncheon, 1
1-. m.; ainiicr, 7 r. M.: Waldorf-Astoria
Bolt, Nut and Rivet InstTeute, meeting,
Waldorf-Astoria, 9 A. M.
H, Altman & Co.. dinner. W.iMnrf.A..
torla, 7 p. M.
American Paper and Pulp Association,
meeting, Waldorf-Astoria, 10 A. M.
National Association of Taxlcali Owners,
meeting, Waldorf lAstoi la, 9 A. M.
Gen. T. Coleman du Pont. lertunv Wal
dorf-Astoria, S P. JI,
The nalny Day Club will hold Its meet
ng In the Hotel Astor, 2 P. M.
A meetlne of tho Unltv s'oeletv will Im
held lo the Hotel Astor. a P. i.
-J lie 1-atne Kxcliange will hold Its meet
ng In the Hotel Astor, 10 A. M.
Tho dinner of the Unheraltv nf Huff a In
Alumni will bo held li. tho Hotel Astor.
:30 P. JI.
The National Boot nnd Shoo Maimrno-
urers A-jortallon 111 hold Its cnnentlon
11 the Hotel Astor, 10 A. JI., luncheon.
P. JI.; dinner. 7 P. JI.
Free Day and Nlsht Nursery, luncheon.
Hotel JleAlpln. 1 P. XI.
Kiwanls uuu, luncneon, Hotel JleAlpln,
:30 P. M.
Armenian Missionary Association, dinner.
Hotel JleAlpln, 7 P. JI.
Irish .Women's Council, meeting. Hotel
JleAlpln, 8 P. JI.
l-iaiworK hud rr r-iew- jonc, luncneon,
Hotel JleAlpln, 12:30 P. JI.
international Association 01 doming us
Igners, meeting. Hotel JleAlpln, S P. JI.
.New jersey Jieaical uiud, dinner, uoiei
JleAlpln, 7 P. JI.
Jletropolltan Paper Box. Association, din
ner. Hotel JleAlpln. 7 P. JI.
Tho Italian Ambassador and his w-lfs
lll be the guests of the Italy-America
Society at a dinner at the Itltz-Carlton,
7 P. JI.
West Side Y. JI. C. A., 7:13 P. JI., C. R.
Thcles, Bible story. Illustrated; 9:15 P. M.,
Dr. Outhrle, fireside talk
Eastern Association of Glars Dlstrlbu
tors, meeting, 10 A. JI.; luncheon, 1 P. JI.,
Talking JIachlne Association, meeting.
Hotel Pennsylvania. 2 P. JI.
Foreign Comm-rce Club, amoker. Hotel
Pennsylvania, 8 P. JI.
Retail Furriers Association, meeting.
Hotel Pennsylvania, 1 P. JI.
George Washington Post, No. 120, Vet
erans ot Foreign Wars of the United
Stntcs, meeting, Grand Opera House, 30S
West Twenty-third street, 8115 P. JI. Jus
tice Philip J. McCoolc (late. Jlajor, U. S.
A.) will epeak.
Atlantic Whist Association, meeting.
Hotel .Majestic, all day.
Special exhibition of paintings and
scuplture at the .Salmagundi Club, 47 Fifth
avenue, all day.'
PUBLIC LECTURES TO-NIGHT.
"Turkey. Syria and Egypt." by Hsrry
C. Ostrander, P. 3. 101, Lexington avenue
and 111th .street.
"The Voice of the Tomb," by Arthur
J. Westermsyer, Central Jewish Institute,
12 East Eighty-fifth street. Illustrated.
"Education and Society," by Frederick
Schlatter. Cooper Inatttute, Eighth street
hp Fourth avsnua
"The Solar System and the Question of
Life Beyond the Earth," by Garrett P.
fler-lss. Hamilton Grange Library, SOI
West 11511 slret.
"Origin and Foundation of the Earth,"
by John II. Frome. Y. JI. C. A., 5 West
135th street. Illustrated.
"Itael-il and Linguistic Structures." by
Prof. William B. Guthrie, P. S. 43, Brown
p!aC9 net- 136th street.
25O,000,000 for Irrluntlon.
Washington, Jan. 20. A bill provid
ing for a bond Issuo of 1250,000,000, tho
money from wnirii wouiu bo used for
Irrigation- purposes, was Introduced tr
day by Senator MoNary (Ore.) nnd reA
ferred to the Irrigation Committee.
SiiffraKc rtntlllcntloii I.'rcrd,
Jackson, Miss., Jan. 20. Ratification
of tho Federal woman suffrage constitu
tional amendment was recommended to
day by Ieo M. Russell In his Inaugural
address on succeeding himself as Gover
nor of MlsshstppU