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til r=5= PRESIDENT TO ASK FOR GREATER NAYY Growing Interests of the Nation Demand Increased Protection on the Seas. BATTLESHIP FLEET OP 48 VESSELS IS SOUGHT Increase in the Enlisted Force and Added Number of Fighting Ships Needed. Jfew York Sun Special Service. Washington, Sept. 22.President Roosevelt and the navy department have decided to ask for a substantial in crease of the navy from congress dur ing the coming session. Authority will be sought to build three battleships of a displacement ot at lease 18,000 tons, attd perhaps larger to increase the displacement of the bat tleships Michigan and South Carolina, already appropriated for, to the same figuie, and to construct twelve torpedo boat destroyers and several auxiliary craft, such as small gunboats for the Philippines, torpedo boat and subma rines. Such a program would have been re- ftarded as a big thin'g a few years ago. is considered moderate at this time In official ind naval circles for various reasons. First, because the growth of the interests and influence of the United States second, because of the augmentation of the fleets of the pow ers, which may develop into enemies on account of a conflict of interests, and third, because the freat lesson of the Russo-Japanese war was the im portance of an efficient and adequate navy. Dewey for Battleships. Batleships come first in the eyes of the authorities, Admiral Dewey saying today that experience has demonstrated over and over again that they are the backbone of a nation's naval strength. The admiral and every other naval ex pert regard armored cruisers as val uable only as auxiliaries. Without a battleship, or with an inferior force of this type a nation cannot hope to gam command of the sea unless its enemv should be hopelessly inefficient. The three battleships to be asked for, with the two whose displacement it is desired to increase, will form a class of five of the most magnificent fighting ships in the world. Big Battleship Fleet. These five ships ought to be com pleted by 1910, by which time the United States will have a fleet of twen ty-nine battleships, some of which, how ever, will have to be classed as second raters then. The general board of the navy has not modified its view that the great and growing interests of the United States need protection from a fleet of forty-eight batt'oships. The comple 1 tion of the Panama canal will increase immensely the responsibility which rests upon the navy, and the president believes the navy should be given the means wherewith to meet it. The sjftuation which has developed In the far east necessitates, in the view of the president, the maintenance of a strong force of battleships in Chinese waters. There are only two battle ships now in the Asiatic station, and one of them must come home for re pairs. As soon as possible it is intend ed to send out three more battleships, the intention being to impress the Chi nese with the strength of the Ameri can government in order that our in terests may be treated with greater re spect. Naval circles aTe inclined to look upon this policy as a strategical mis take, as four battleships might be cut off and destroyed by a superior force. Other Ships for the Navy. The United States now has built or building twelve armored cruisers and these are considered sufficient for the present. The army and navy board, which has been considering the needs -of the Uni I ted States with respect to coast de fense, has decided that at least two hundred torpedo boats are required in order to aid the forts to protect the harbors of the country. In order to man the ships now in com mission or under construction, it will be necessary to have congress authorize an increase in the enlisted force. A law permits the enlistment of 37,000 men. Bear Admiral Converse will ask for an additional 3,000, making the effective strength 40,000 men. Because of the care with which men are selected for the navy, the number now in service is only 31,000. As an indication of the high stand ard fixed by the department for enlisted men, the official figures produced today show that five-eighth oi the men who fistmentthemselves I nresent as candidates for en are rejected. During the last fiscal year 40,200 men applied to the recruiting officers, and 2o,200 were de nied enlistment because of som physical dfect or some obiection of a moral or mental character. It is the effort of the department to man the ships with the best type of Americans that can be gotten. REJOICE, ALL YE POETS! EDITOR'S LION IS DEAD Hew York Sun Special Service. New Harmony, Ind., Sept. 22.Edi- tor Clarence Wolfe's lion, bought to keep poets away from the office of the New Harmony Times, is dead, and the Posey county muse has revived. As soon as the news spread about the village the verse writers, who had ac cumulated quite a stack of poetry in the three weks that the animal had kept guard at Mr. Wolfe's door, de scended on him in* a body, and one, more enterprising than the rest, sub mitted an appropriate epitaph which will be published tomorrow. The lion was bought three weeks ago, and so successful was it that the edi tor is loosing for a larger and stronger animal. STANDARD OIL AGAIN BOOSTS PRICE OF OIL Plttsbnrg, Sept. 21 The Standard Oil com pany today advanced the price of Pennsylvania oil 10 cents and Tiona oil 5 cents Within two weokB Pennsylvania oil has advanced 19 cents and Tiona 14 cents The other grades of oil were not changed The quotations follow. Penn sylvania, 146, Tiona, 156. miTawa x.ua Corning, 103 rine'ani8'toffia *V ,v 1 ^ir||liif.wrf New Yol Seat. S&r-The Evening World today received a cable dispatch from Andrew Hfcmj&jn of Albany, who is in, France, to^fie effect that ih $100,000 received him from the New York Life Insurance company in March,* 1904, was not used for influen cing state legislation. Mr. Hamilton reached Biarritz yes terday afternoon after completing an automobile tour thru the south of France. He was met at Biarritz by a telegraphic inquiry from the World relative to the $100,000 check made out to him by the New York Life in March, 1904, to which he replied by wire as follows: You can deny for me that the check for $100,000 to me from the New York Life March, 1904, was, as asserted in New York, for purposes of influen cing state legislation or that it was so used.'' The Insurance Inquiry. Upon the reassembling today of the legislative committee which is investi gating the life-insurance business. Thomas A. Buckner, vice president of the New York Life, who has charge of that company's agencies, and who was unable to answer a number of questions yesterday without looking up records, was called to the stand. The matter of the "Nylic" accounts were taken up. They included records of a system of bonuses paid to agents. "Nylic," he said, "was a body of men drawn from the ranks of agents who create business for this company. It is divided into five classes, freshmen, first, second and third degrees and senior Nylics.*' New Agents "Freshmen." The freshmen have a written con tract with the company and must pro duce business paying not less than $5,000 annually in premiums and give their entire time for five years. They receive no salary, but qualify for a higher degree. If there was default of qualifications they were dropped and GRIP OF DEITZ ON DAM NOT RELAXED Logging Company Cannot Move Its Pine Without Use of Cameron Dam. Special to The Journal. Ladysmith, Wis., Sept. 22.W. W, Deitz of Rice Lake is in the city aad says the rumor that the logging com pany in the famous Cameron dam case is to haul its logs around the dam and float them down the Thornapple# is all nonsense. He declares there is not water enough in the river to float logs without the use of Cameron dam, and for support of his statement cites the fact that driving crews tried in vain this summer to drive about 2,000,000 feet of logs that are below the dam. The 18,000,000 feet above Cameron dam are scattered for a distance of many miles along the river, and it would be cheaper to haul them to the Flambeau river, which is about twelve miles southward. Many of these logs lie in the river bed and in inaccessi ble places. To transport them to the Flambeau river would cost at least $100,000. The company's losses to date, thru deterioration of this 20,000,000 feet of the finest pine, the cost of driving crews for several months during the various efforts to move these logs, the expenses of numerous squads of armed men sent there on numerous occasions, and for guns and ammunition and court expenses, injunctions and other legal measures, have not been less than $150,000 to $200,000. To this another $100,000 will have to be added to get the logs out by any other course than thru Cameron dam, which John F. Dietz controls, and for which privi lege he asks about $10,000. SMOKELESS PITTSBURG IS PROMOTERS' PLAN New York Sun Special Service. Pittsburg, Sept. 22.Smokeless Pitts burg is one of the hopes held forward by H. C. Prick, George Westingbouse, Jr., and other financiers. They have been interested by General A. H. War ner of Mariette, Ohio, in a plan to erect a massive central power station about thirty miles from Pittsburg. Here coal is to fed into furnaces which will generate steam which in turn will gen erate electricity. This is to be cabled to Pittsburg at one-half the cost of the present production of power in the city. The cost of a central plant will be about $15,000,000 according to present plans. General Warner has leased 3,200 acres of coal lands. The promoters also propose furnishing power to a dozen towns surrounding Pittsburg. WIRELESS ADTO KEEPS HIM WISE ON STOCKS New York, Sept. 22.Ma.ior William E. Wetmore, a millionaire resident of Allenhurst, N. J., and the oldest mem ber of the New York Yacht club, has' contrived a scheme wherebv he can keep in direct communication with his brok ers in Wall street while he tours the New Jersey roads in his automobile. A wireless telegraph instrument of his own construction has been placed in the tonnean of the car and a similar in strument is in the railroad station at Allenhurst. There, the station-master, Fred Gerner, receives messages by wire from New York and transmits them by wireless to Maiqr Wetmore. It makes no difference where the ma jor is, he can keep track of the rise and fall of stocks in which he is interested. Station-master Gerner says the instru ment will transmit a distance of twenty miles, and it is seldom that Major Wet more ever goes farther than' this in his automobile. The possibilities of the wireless au* areaso NewJ-tomobile SVi SSSJt^. tt *formin company to manufacturk NEW YORK LIFE CHECK MYSTERY /S DEEPENED ffte Insurance Lobbyist, Denies the SlQjp'WO Was Used to Bribe New State Legislators. great that there is tal the instruments* IJM&g' mmmm had to recommence at the beginning. They received 50 cents a thousand per month for all business written by them. The first degree Nylic must produce business paying not less than $25,000 in premiums a year for five years to be come a second degree Nylic The Second Degree. The second degree Nylic received $1 a month per thousand. If an agent secures premiums of $25,000 a year he becomes a third degree Nylic. This degree lasts five years. Its members receive $1.50 per month per thousand and must also maintain the $25,000 total of premiums. At the expiration of five years he becomes a senior and receives 75 cents per month per thousand on new busi ness over the average of insurance written during the previous twenty years. He need not give his entire time, but must not write for any other company. When this system was devised it be came retroactive and all the agents went into these grades according to their terms of service and amount of business written. None of these had served sufficient time to become senior Nylics, and at present the company has but three seniors. Bonus on New Business. Mr. Buckner said that what moneys agents got from Nylic was in addition to the regular agent's commission. He said the cost oi Nylic today is 1 per cent of the renewal premiums. Mr. Buckner said this system was inval uable in holding their agents in soli darity. Severance of connection with the company ends all benefits in Nylic ex cept in case of death, when provision is made for payments to the estate of a Nylic above the grade of freshman for three to six months. Further postmortem benefits were paid under a resolution adopted in 1895, Continued on 2d Page, 4th Column. HEINZE DECLARES LAWSON A LIAR Montana Copper King Replies to Boston Man's Attack in Magazine. _, New York. Una Speolal Service. New York, Sept. 22.Thomas W. Lawson's vitriolic attack uponF. Au gustus Heinze in the October issue of Everybody's Magazine, has been repu diated by the copper king in a letter to the publishers of the magazine, made publio today. Mr. Heinze characterizes Mr. Lawson's statements as declares that their publication can have no other foundation" than a malicious desire to injure him and his property and his associates. Mr. Heinze writes in part: "As an indication of the existence of a deliberate intention on the part of the author of this article to misrep resent everything connected with my career, I call your attention to the in timation that I am so cowardly as to deny my Jewish origin,' or, as else where elegantly stated, that I am a 'gentile-plated Jew.' If I were of Jewish descent, I should not only not fear to acknowledge, but should' be proud of it: but I am descended on my father's side thru nine generations of Lutheran ministers of the gospel, from a German divine who was an assistant to Martin Luther and on my mother's side am of English and American de scent." In closing, Mr. Heinze declares that the effect of the foregoing statement in the article is to attempt to stamp him as a renegade and one who is ashamed to acknowledge his national ity. Tokio, Sept. 22.The American steamer Barracouta, Captain Curtis, last 'reported to have sailed from San Francisco for Nikolaievsk, has been seized by the Japanese north of the island of Saghalien. ferent associations and individuals, condemning the peace treaty and ask ing that it be not ratified, exceeds forty, among which is an address signed by six professors of the Imperial uni versity, one of whom was recently placed on the retired list owing to his strongly worded anti-peace thesis. This memorial strongly urges the ne cessity of refusing to ratify the peace treaty and condemns it as entirely an nulling the purpose of the war as set forth in the declaration of hostilities. It is also stated that indisputable reasons exist for refusing to ratify the treaty, which is deemed to be preg nant with elements of humiliation and future danger to the national inter ests. In conclusion the signers of this ad dress say they humbly beg the throne to condescend to consider the spirit in which the address is presented. In spite of persistent editorials in the leading newspapers demanding the resignation of the cabinet, it is believed that the ministers will continue to hold office until after the adoption of the post-bellum measures, especially those PRICE TWO CENTS. FRIDAY EVENING, SEPTEMBER 22, 1905. I26 PAGESFIVE O'CLOCK. BOMB HURLED AT BASK IN WARSAW Attempt to Destroy in Revenge Fails and the Young' Revolu tionist Is Injured,' Warsaw, Russian Poland, Sept. 69. An attempt was made today to destroy the Sherreshevsky bank. A man threw a bomb at an open window of the bank but missed his aim and the missile ex ploded in the courtyard, dangerously injuring the perpetrator of the crime, a young Jew. It appears that the outrage was due to the fact that the bank officials had refused to contribute to the funds of the revolutionists. REFERENDUM IN NORWAY URGED Press Wants Popular Vote on Monarchy or RepublicProg- ress at Karlstad. Karlstad, Sweden^ Sept. 22.The Swedish and Norwegian commissioners met in joint conference last evening after holding separate conferences dur ing the day. The joint conference lasted for nearly four hours and was then ad journed until today. It is understood that the Swedish de mands that the transit trade thru both countries shall be secured against un justifiable obstruction and for the right of pasturing reindeer belonging to Swe dish Laplanders 4n Northern Norway have been amicably settled, but that the question of the demolition of the Nor wegian forts still remains open. Several Norwegian newspapers are opposing an offer of the throne to Prince Carl of Denmark. They demand that the people of Norway be given* an op portunity to express their choice be tween a monarchy and a republic. Peace Congress Is Interested. Lucerne, Switzerland, Sept. 22.In the international peace congress today a motion referring to th dispute be tween Sweden1 Tokio, Sept. 22.The number of di- regarding finance and the Chinese and rect memorials to the throne from dif- ?rr Defective Page and Norwae was post poned, altho the Swedish and Norwe gian delegates stated that their re spective nations were prepared to sub mit their differences to arbitration and probably would request the Swiss fed eral council to nominate the president of the suggested court of arbitration. MURDER MYSTERY BAFFLES BOSTON Dismembered Trj-rik of a Woman* in Smfc^Me^&&txid Near Wintbrop Yacht dub. Boston, Sept. 22.The police of Winthrop, Boston and the state are giv- ^"fv their combined efforts in an at false in almost every .particular, and trapt to unravel the mystery which surrounds the crime discovered yester day by the finding of the dismembered trunk of a woman in a dress suitcase, floating in the water off the Winthrop Tach club's pier. Thus far, however, no promising clews are in the posses sion of the authorities. Police, assisted by residents and members of the "Win throp Yacht club, spent the morning in examining the harbor and Winthrop shore, searching for the head, arms and legs of the woman. The body was taken to an undertak er's, where an autopsy was performed by Medical Examiner Harris. This ex amination strengthened the theory that the woman had been the victim of an unsuccessful surgical operation and that the dismembering of the body had been the work of skilled hands. The police of Winthrop assert that the victim probably was not a resident of that town, as no one had been re ported missing. Early this morning four officers went to the office of a physician on Howard street and searched the premises. The person whom the police desired to in terview was, it is understood, absent from the house. CHARLES T. O'FERRXLL DEAD. Richmond, Va., Sept. 22.Former Congressman and former Governor Charles T. OTerrill died here today. w. MIMMHIIHIIWI JAPANESE URGE THE MIKADO TO REFUSE TO SIGN PEACE TREATY Two Score Memorials to the Throne Condemn the Portsmouth Compact 'with Russia and Ask that It Be Not Ratified by the Emperor of Japan. Korean problems. It transpires that in spite of Premier Katsura's assurance to the contrary to the editors, there exists a clause in the peace treaty by which Japan under takes not to fortify Soya strait. As a result, intense" indignation is felt among the influential classes, as thi#s is deemed to be the greatest humiliation Japan has ever suffered. The restriction thus placed on her territorial liberty is looked upon as being an unbearable indignity and as constituting the blackest record in the history of a country which has never experienced defeat at the hands of "other nations. Not a few papers are expected tomorrow to print strongly worded editorials on this subject. The constitutionalists are gradually assuming a firm attitude of opposition to the government. The editors of ten daily papers met today and appointed a committee to make representations to the govern ment on the subject of the unusually long suspension of the Asahi and four other evening papers. The committee had an interview with General Sakuma, commander-in-chief of the Tokio gar rison, who is in charge of the enforce ment of martial Jaw, and other authori ties* and it is expected that the unfa- i are held aa. prisoners of war. Washington, Sept. 22.Should Presi-i dent Boosevelt decide to pay back to New York insurance companies the money contributed by them in aid of his election, he will have to pay it out of his private purse, for the republican national committee carried over a sur plus only large enough to defray its actual expenses during the four-year interval between campaigns. The secretary of the committee re ceives $4,000 a year, and so this sur plus is at least $12,000. In addition enough has been kept to pay rent for committee headquarters in the Colora do building in Washington, where it has one room, which costs $80 a month. Secretary Dover has a clerk who takes care of correspondence, keeps files, etc., and there are incidentals and postage to be paid for. Chairman Cortelyou made a close es timate last fall of what these neces sary running expenses would be, and trimmed his accounts accordingly. Cost of Campaigns. The national campaign of 1896, the most expensive in the history of the country, cost the republicans $25,000 a day from midsummer to eleotion day. That of 1900 was somewhat less ex pensive. Last year, Senator Hanna being dead, and the great corporations having in a measure recovered from their fright over free silver, contributions came in slowly and in comparatively small amounts. All thru the campaign the republican national committee was com pelled to exorcise the closest economy, and on numerous occasions certain cam paign projects were abandoned because the committee could not authorize them. It is, therefore, up to the president to make good personally, if, in his opin ion, restitution is necessary. Corporations' Contributions. It is an open secret that the repub lican presidential committee contribu- EARTH TREMBLES AGAIN IN ITALY Cloudbursts, Too, Carry Death and Ruin to People in Calabria. Borne, Sept. 22.Earthquake shocks continued yesterday at Calabria. At Amantea two women were killed. At Ajello many houses fell and twelve per sons were injured. At Bruzio a church fell and there was further damage at Cosenza, Catanzaro and Monteleone. There was a cloudburst at Ban, the wind capsizing a sailing vessel in the harbor and six persons were drowned. At Portici, near Naples, there was another cloudburst, and the floods of water brought into the town many large blocks of lava from Vesuvius. Service of the streetcars was interrupted. It is not believed that there are many more victims in the ruins. At Zabrone a man has just been taken out alive, after being entombed eleven days. General Lamberti has made an1 INSURANCE REFUND AT ROOSEVELT'S EXPENSE Return iof Cash Contributed to Campaign, if Made, Will Be from the President's Personal Funds. By W. W. Jermane. of ficial list of the damage by the earth quake. He finds that 212 towns and villages suffered great losses, the dead number 580 and the injured 2,020. At a meeting of the ministers, at which the mayor of Borne and the presi dent of the Bank of Italy were present, it was decided to hasten the distribu tion of relief -as rapidly as possible. AH the prefects in Calabria have been no tified to place all relief contributions at the disposal of the central committee from Borne. The uniting under one head of these contributions is neces sary to avoid the distribution of an ex cess in some localities, leaving others with a deficiency. OLDEST CONSTABLE IS DEAD. Janesvllle, Wis., Sept. 22.After having served continuously as constable since 1869, Alonzo K. Cutts, aged 81, died sud denly today. He was the oldest constable In years and service in the state. I!- vorable newspapers will soon be al lowed to resume publication. Iione Voice for Peace. Tokio, Sept. 22.A solitary instance of public rejoicing at the conclusion of peace with Russia will take place at a meeting to be held today at Kotelka, a town in the remote northeast corner of the main island of Nippon. Several industrial associations will be repre sented on the occasion, among which will be prominent habutai producers. Messages of congratulations will be forwarded by those present at the meet ing to the emperor of Japan, to Field Marshal Oyama, Vice Admiral Togo and to President Boosevelt. Captain W. Boysmann, a prisoner of war and former commander of the Bussian battleship Peresviet, has died at Matsuyama. Bear Admiral Nebogatoff and a num ber of other Bussian naval officers have been permitted to give their parole and return home. Rear Admiral Ro jestvensky has almost recovered from his wound, but he is still under strict medical care in Fushima. The minister of war has instructed the removal of certain restrictions placed upon the Bussian officers who tions from 1896 to last year came al most entirely from corporations. Prior to 1896 the interests divided their campaign gifts almost equally be tween the two great political parties. With the advent of Bryan, they ceased giving to democrats, which explains the poverty of that party in both Bryan campaigns, and its comparative poverty last year. And this was true, notwith standing the fact that voluntary con tributions by individuals to both the Bryan campaign funds were larger than ever before in the history of American politics. These individual contribu tions are always trifling in the aggre gate. The old style of collecting funds by assessments against office holders being no longer legal, political leaders in both parties have been compelled to fall back upon corporations, and when these have failed either party, that party has been seriously handicapped. President Will Strike a Blow. I No matter what the president may decide as to the return of life insur ance money to its donors, it is certain that he will hit with all his might, in his message, the custom of financing national campaigns on the scale which originated in 1896. These heavy contributions did not elect either 'McKinley or Boosevelt. Both would have been elected without them, as election results have demon strated. If Chairman Taggart, for in stance, had had untold millions last year and the republicans nothing, Judge Parker could not have won. It is entirely possible that President Boosevelt, by emphasizing the harm of this new policy of financing presiden tial campaigns, can accomplish a re turn to the old-fashioned methods pre vailing prior to 1896, and if he can, he will no doubt feel that he has per formed a service of vast importance to Continued on 2d Page, 4th Column. tT-*- BRITAIN PLOTTING SAHABAN EMPIRE Baron de Forest, with Heavily Armed Expedition, Is to Pierce Africa for England. New York Sun Spooial gervtot. Tangier, Sept. 22.Reports received here indicate that Baron de Forest, backed by the British government, is planning a new empire in the Sahara. The plans are carefully guarded, the baron giving it out that his armed expedition is for the purpose of hunt ing and exploring. The yatch Honor, in which the expe dition is quartered, has arrived at lias Palmas. It carries a crew of thirty eight. Baron and Baroness de Forest and several Moors are on board. No one from Las Palmas was permitted to board the vacht, and the destination of the craft is kept a secret. Nevertheless, it is known that sev eral thousand repeating rifles with am munition and other stores are on board. These facts, with the apparent effort to keep the plans a secret, tend to the theories of conauest. It is not known whether the yacht will proceed further south to select an other Atlantic port as a basis of com munication. It may proceed to England and be back at Tangier by the end of November, when the expedition will start inland. Baron de Forest recently has been in frequent communication with a famous French Africanist. His idea is that the execution of his project will be of political advantage to the British gov ernment. He will endeavor to estab lish and maintain British preponder ance. Baron Arnold de Forest, who was di vorced by his wife in 1903, is a natural son of the late Baron Hirsch, who, af ter the death of the famous Jewish philanthropist, was adopted by his wid ow who bequeathed to him and to his younger brother the greater part of ner vast fortune. Shortly before the demise of the Baroness Hirsch, the em- oundlessAustria, eror of in recognition of her charity, conferred the rank of baron upon Arnold de Forest and his younger brother. Raymond. The elder of the two De Forests, who have both been treated with exceptional kindness by King Edward, married the widow of Albert Menier. She is de voted to racing, and has one of the best racing stables in France, whereas young De Forest, now her ex-husband, is equally devoted $o yachting, spending most of his existence on board his yacht. It is probably this diversity of tastes and the refusal of husband and wife to defer to each other, that has led to the dissolution of their matri monial bonds. RAILROAD SUES MAN AS CAUSE OF WRECK 2fow York Sun Special Service. Austin, Texas, Sept. 22.The rail road damage suit industry in Texas has taken a new turn. The roads are tired of being made to pay-out millions of dollars to employees on claims many of which are believed to be fictitious and they have adopted the policy of suing their employees when accidents occur thru negligence of duty. The Interna tional & Great Northern Railroad com pany, a Gould property, yesterday filed suit in the district court of San Antonio against Frank Brice, formerly one of its locomotive engineers, for $40,000 damages. The petition charges that Brice was responsible for the wreck which occurred at Kyle. Texas, last March, in which much railroad property was wrecked and several passengers in jured. Brice-sue the railroad company for injuries alleged to have been sus tained in the same wreck and received judgment in the sum of $15,000. ?f PANAMA WANTS SPANIARDS. Panama, Sept 22.It Is reported that President Amador and the canal com mission are endeavoring to attract Span ish Immigrants from the famine-stricken districts of Galicia. They are considered to be the best workmen for Panama. "The Bussian colonists at Chlrlqui are making ltfood progress. _f!_^ COURT SUSTAINS FRANCHISE TAX Western l)nion Must Pay on Mil lion-Dollar Valuation Fixed ^by State. DECISION WILL HAVE it: if FAR-REACHING EFFECT Establishes State's Bight to Tax Intangible Property of Non-. Resident Corporations. The state wins in the long-contested Western Union tax case. The supreme court filed its decision today, reversing Judge Bunn of fiam sey county, and upholding the action^ or the state board of equalization in*" 1899, when it raised the valuation of the Western Union Telegraph company, from $865,500 to $1,000,000. The effect of the decision will berj far-reaching. It determines the right of the state to assess the franchises of ^J telegraph companies and similar corpo-71 rations, on the basis of their earning"" power and not on the basis of their tangible property alone. The immedi ate effect of the decision will be to put the sum of $53,191.33 the state treasury, but if followed up by the taxing authorities it will add greatly^ to the future revenues of the state. The contest has been in issue since the fall of 1899, when the state board of equalization, prompted by Governor John Lind, fixed the Western Union's valuation at $1,000,000. The company only admitted a value of $600,000, which covered its tangible personal property in the state. The suit was brought, and while it was pending the company was allowed by stipulation to pay taxes on the basis of $600,000. IV has paid on that basis, while each year\\ the state board has fixed the $1,000,000 assessment. The company will now have to pay taxes on the full amount for every year since 1899. It is un derstood that an attempt will be made at the present session ^of the state board to raise the assessment for 1905 considerably above the $1,000,000 fig ure. The decision filed today was writ ten by Justice Jaggard, and the syl labus is as follows: Synopsis of Decision. State of Minnesota, appellant, vs. Western Union Telegraph company, respondent. The prima fade validity of an assessment of personal property for general taxation is not overcome by a well-grounded claim of over valuation. Courts do not interfere except when tax officials have acted fraudulently or mali ciously to the substantial prejudice of the tax payer, or'liave made a mistake so gross as to be inconsistent with fair and honest Judgment or when they bave proceeded on an erroneous rule of law and then only upon sufficient proof addressed to proper legal standard of valuation. The cost price of the tangible property of a telegraph company, together with reasonable de^ duction for natural deterioration, is not a proper basis for valuation of such property for taxation on general lists. The language of a law providing for a consti tutional method of taxation is to be construed fairly and reasonably so as to effectuate legls-t lsttye intention and to compel property protect- ed.'by the -state to contribute Its ratable share of public revenue and "to avoid discrimination In taxation between property-owners. Laws 1891, chapter 8, amended by chapter SO, laws of 1901, provides for the taxation of the tangible and Intangible property of telegraph companies situated within this state as a sys tem and not merely for the taxation of items of tangible property only, and is constitutional. Adams Express company vs. Ohio, 165 U. B. 194, followed. Judgment reversed. Jaggard, J. Lind Feels Indorsed. The decision was good news to For mer Governor John Lind, who led the movement in 1899 for the increased assessment. He said today: "This decision confirms my views of the law and the rights of the state fully. There is absolutely no excuse for the legislative and administrative branches of the government not en forcing our taxing laws against non resident corporations. When governor, I urged the legislature to provide for taxation* of the sugar trust, the steel trust, and other great monopolies do ing business in the state, on a franchise basis. There was absolutely no ques tion as to the state's right to do so, or of the justice ofjiuch taxation', and the state might as well have secured $500,- 000 additional revenue each year from such taxation. A deaf ear was turned to my recommendation, however.'' Principle Is Fixed. C. W. Somerby vas employed by for mer Attorney General W. J. Dona hower to try the case in the lower court, where the state lost. Attorney General Young continued Mr. Somerby in charge of the litigation, and he per fected and argued the appeal to the supreme oourt. Mr. Somerby, when asked today by The Journal as to the effect of the decision, said that he_had not seen the text of the opinion, but judging from the syllabus, it will simplify future questions of franchise taxation in Min nesota, a thing which will be welcomed by the taxing officers and by the state lawyers. "Our main contention has been sustained,'' he said, "i that the item value of corporation property can not be used as a basis for taxation.' Organized or unity value is the test." 30 MILLIONAIRES ARE CALLED AS TAXDODGERS New York Sua Speolal Service. St. Louis, Sept. 22.Thirty million* aires of St. Louis have been subpenaed to appear before the grand jury today and tomorrow to explain why their re turns on taxable property are so small. According to tax assessments there is only $25,000 in cash owned in St. Louis, whereas the bank deposits aggregate $200,000,000. The combined wealth of the mea summoned is estimated at $50,000,000. The list includes one of the biggest re publican leaders in Missouri and a brewer of much political influence. The names have been carefully guarded in order that the deputy sheriffs would not be thwarted in serving the papers. 3 A AMERIGAN HARVESTERS" HAY BUILD IN SWEDEN Stockholm, Sweden, Sept. 22.Repre- sentatives of the International Har vester company, which has its head quarters in Chicago, have dtecured op tions on sites in southern Sweden with a view to building factories from which the trade of northern Europe can be supplied. Besides saving freight charges, the harvester company wishes to fortify itself against anti-American tariffs, which will shortly come into force in Germany, AustrO-Hungary and. I i ..$