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No. 16,537. WASHINGTON, D. C., WEDNESDAY, JANUARY 3, 1906-TWENTY PAGES. TWO CENTS.
THE EVENING STA$ "WITH SUNDAY MORNING EDITION. Putistil 09m, 11th Stmt And P?nniylT?nia Aran*. The Evening Star Newspaper Company, B H. KAUF7MANN, PraiMent. Siw Y?rit OSw: Triksnt Building Chicago OSm: Tribune Bolldtag. The Erenlce Star, with the Sunday mornlns edi tion, 1# delivered by carriers, on their owtJ account, yithln the city at 50 cent* per month: without the tutiday morning edition at 44 cent* per month. Br n.all. Postage prepaid: Dally, Sunday Included, one month. <K> cents. Pally. Sunday excepted, one moDth, 60 cent*. R.iturday Star, one year, |1.0rt. Sunday Star, one year, f 150. DlCtlM CLOSED Will Be Given to the Court This Afternoon. ACCUSED IN GREAT DANGER Liable to Conviction on the Fourth Specification. BREACH OF DISCIPLINE Was Placed in Bad Position When Compelled to Admit Derelic tion of His Duty. The testimony, both for presecutlon and defense, closed this morning In the court martial proceedings against Midshipman Stephen Decatur, Jr., charged with the haz ing of Fourth Classmen Isaac N. McCrary and Gayiord Cliurch. At the request of the Judge advocate and 'counsel for the defense, the court took a recess until 2 o'clock this afternoon, when the argument will be concluded. The case will be given to the court this afternoon. One of the charges against Decatur Is ?that he hazed Midshipman Guvlord Church of Meadville, Pa., by causing hirn to per form "number Ml," a usual form of haz ing. Church testified to this and Decatur admitted that he 1ml ordered Church to come to his (Decatur's) room and that some one in his presence had ordered Church to perform as specified He denied, how ever, that he gave the order. Decatur's explanation of his reason for ordering Church to the room was that he had smiled In the ranks and was to be reprimanded. This, in itself, was a breach of discipline and the accused was put In a bad position when he was compelled to admit that he d!d not reprimand Church, but heard him ordered in the closet to be hazed. Counsel for the defense will urge that, under the act of 1874, active participation in hazing must be proved to support the charge. The prosecution contends, however, that the admissions, coupled with the testimony of Frist Class ma n P. B. Marzonl to the same effect, is sufficient to support the charge of hazing, particularly as Decatur was the ranking midshipman present. It was also slated that if Decatur should be cleared on the present charge a clear case of neglect of duty in failing to prevent the ihazir.g of Church in his room could be made out In subsequent proceedings, though the defense is confident a conviction cannot be had on the specifications which relate to the hazing of McCrary. as while Mc Crary testified that Decatur did the hazing alleged In two of the three specifications, Decatur flatly denied It and there were no corroborating witnesses to McCrary's tes timony. The case of Midshipman Worth W. Fos ter of New Albany, Ind.. will tie taken up tomorrow and that of P. B Marzonl of Pensacola as soon as the case against Fos- I ter is concluded. Both are first class men and both are charged with hazing Midship-, man Chester S. Roberts of Joliet, 111., on several different occasions. Tiiere are two specifications under the charge against Foster and four against Marzonl, Roberta evidently being a newcomer who came in for a special dose of hazing if all allega- j tlons are true. It Is specified against Foster that he compelled Roberts to get under a table I while he was eating his dinner in the j mess hall and that he compelled him to hang to the top of the door frame for a long period of time. Three of the specifi cations against Marzoni allege that on different occasions he compelled Roberts to bring him food from the dining room, an aot contrary to the Naval Academy regulations. The fourth specification is that he com pelled Roberts to stand on his head a number of times In succession, and the fifth that he compelled him to hang from the locker in his (Marzonl's) room. Marzonl was one of the witnesses called by the defense yesterday in Decatur's case, llis evidence certainly did not help the accused, and it was thought that the charges against him concerned the same matter as did Decatur's, so far as it re referred to Midshipman Church. This is an error, however, as all the specifica tions in Marzonl's case refer to the haz ing of young Roberts. ANNAPOLIS, Md.. January 3.?The prose cution Introduced witnesses this morning to disprove the statements of those who had testified for the defense in the court-mar tial proceedings against Midshipman Ste phen Decatur, Jr.. of Portsmouth, N. H., charged with hszing fourth classmen Isaac M. McCrary of Calvert, Tex., and Gayiord Church of Meadville, Pa. It is practically certain that the case will be finished and given to the court today, and it is conceded that the decision In the case wilt rest on very narrow lines. Al though McCrary and Church testified to sep arate acts of hazing oil the part of Decatur, thero wis no additional witness to any act, <ind Decatur has denied them ail emphati cally. It Is generally admitted that the strong est case has been made on the fourth speci fication. which states that Church was liazed by being compelled to do "Number 10." Although Decatur claims he did not order him to do this, he admits that he did order him to report to his (Decatur's) room, and that some one else gave him tills order In his presence. Witness Marzoni to Be Tried. Midshipman P. B. Maizonl, a witness for tha defense, also made this statement. Mar zoni Is under charges of hazing. The court will take up the case of Mid shipman Worth Wright Foster of New Al bany. Ind.. charged with hazing Midship ntan Charles S. Roberts of Joliet, 111. to morrow. Foster is another first classman, and It Is alleged that he hazed young Roberts by compelling him to get under the table during a meal and also by compelling him to drop from the top of the door frame. The latter form of hazing is a particularly dangerous one, as the victim strikes the end of his spine against the floor after a fall of three feet. A Drastic Precaution. What Is considered a somewhat drastic precaution was taken today when Provost Marshal Torry, I'nited States Marine Corps, ?was ordered to remain near the assembled ?witnesses In the room where they arc kept pending their call before the court. He was told to prevent any and all conversation on the subject of the court, cases or their own admissions on the stand between the witnesses. The record findings and recommendations at the court in the case of Midshipman Trenmor Coffin were today returned to the ?ourt for a number of minor correction* a 3 to the form In which they were made. The court Informally took up this matter during the recess taken tliig morning and will make the necessary changes. The rec ord will then be reviewed again by the superintendent and then forwarded to the Secretary of the Navy, from whose office the sentence will be made public. McCALL RESIGNS ORB ELECTED PRESIDENT OF NEW YORK LIFE. NEW TORK, January 3.?John A. McCall today resigned as president of the New York Life Insurance Company. The resig nation was accepted by the board of trus tees and Alexander E. Orr was promptly elected to the presidency of the company. Mr. Orr's salary was fixed at $50,000. President McCall has had a salary of $100, 000 a year. Mr. Orr is a retired merchant of this city. He is president of the rapid transit commission. BOLD, BAD OIRL BUSY. Has Taken Place of Offending Boy Juvenile Court Record. CHICAGO, January 3.?The bad boy is disappearing; the bold, bad girl is taking his place, according to William O. L,a Monte, for five years cierk of the juvenile court, who spoke before the Social Econom ics Club yesterday. "During the first six months following the establishment of the Juvenile court," declar ed the speaker, "only six delinquent girts were brought before the bar. The year be fore last the number increased to 381 and it is growing constantly. I believe when the j totals are made for last year the number will toe found to reach nearly COO. You women?we all?ought to work day and night to create a public sentiment which will cause the extinction of those infamous dance halis in which nearly all those girls started on their downward career. "At the state refuge at Geneva every room is fu'll; in nearly every room are cots to accommodate the. overflow. It Is im possible to build cottages fast enough to meet the increase." ALLEGED WHISKY FRAUDS. Government Allowed to Consolidate Bills Against Accused Men. Special Dispatch to The Star. GREENSBORO, N. C., January 3.?In the federal court for the trial of indict ments against revenue officers and distil!e~s for conspiracy to defraud the government the government was allowed to consolidate bills found at Charlotte with Greensboro cases, under objection of defendants. The trials of the cases begin Thursday. Gov. Aycock, for the defendants, was arguing motion to quash bills of indictment when the cotirt recessed to 3 o'clock. S. C. Da vis, an ex-ofilcer, through his counsel, Thos. S. Rolling, pleaded guilty of filing false vouchers. Sentence was deferred until the termination of the other cases. SHORE LIBERTY STOPPED. Smallpox Reported Near IT. S. Train ing Station at Berkley. Sjieciol Dispatch to The Star. NORFOLK, Va? January 3.?As a result of the appearance of smallpox in Berkley, Va., near the United States naval training station, where there are i!,000 enlisted men, I an order went into effect at the Norfolk navy yard today denying shore liberty to all men making their home in the town of Berkeley, and forbidding all enlisted men passing through Berkley when on shore liberty. The United States cruiser Charleston to day finished coaling, and is now prcparlrg , to sail for Charleston, S. O., Where she | goes to receive a silver service. THREATENED HIGH CHURCHMAN Man Arrested In Rome for Alleged Blackmail. ROME, January 3.?Cardinal Vincent Vannutelll, arch-priest of the Lltoerian basilica, received a note which was posted in Rome, December. 80, threatening the publication of compromising letters, sali to have been written by the cardinal, If he did not send one thousand lire ($200) ad dressed to the initials "C. E.," to be left at the post office until called for. The cardinal handed the letter to the police, who this morning arrested a well dressed man who asked for a letter with the initials "C. E." The prisoner, t\hose name Is kept secret, and who ptotens his Innocence, proved that when the blackn.ail ing letter was posted in Rome hs was in Genoa, where he landed on reaching Italy from New York. JOHN W. HILL'S TRIAL. Former Chief of Philadelphia Filtra tion Plant. PHILADELPHIA, January 3.?The trial of John W. Hill, former chief of the filtra tion bureau of this city, which began yes terday before Judge Audenreid, was con tinued today. The technical charge upon which Hill Is being tried is the alleged falsification of official records for the bene fit of a large contracting firm which con structed the city's filtration plant. Only seven of the numerous counts in the indict ments against Hill will figure in the trial. All of these deal with the contracts of D. J. McNichol & Co., builders of the filtration plant. Acting upon the request of District Attor ney Bell, Judge Audenreid ordered that the jury be kept in custody until the conclu sion of ths trial. This procedure is seldom resorted to in this city except in murder cases. Frederick Schoffhauser, an assistant en gineer in the filtration bureau under former Chief Hill, was one of the principal wit nesses to day against Mr. Hill. He repeated the now famous "eat-lt-up" story, which I created a sensation at the preliminary hearing of the defendant. [-^The witness said that under contract Mo. 17, for excavation for the Torresdale niter plant, awarded to D. J. McNichol & Co., tie limit of cost was to be ?7W>.tXX>. In his statement of the work done SclioIT hauser said there was a balance of $7,UUO. Chief Hill, he declared, ordered him to j ' fat it up," so that the contractor could d?rive the benefit. Acting on these ln t struetions, ho said, he credited the con tractor with a.tii.1" cubic feet of extra ex cavation, which work, he asserted, was rut performed. THROUGH FREIGHT WRECK. Two Trainmen Killed in Accident on the Southern. GRKENVIIJJ3, S. C., January 3.?A through freight on the Southern, railroad was wrecked near Fair Forest, S. C., at 11 o'clock today. The engine left the track, turned over, and the cars piled on top of one another. Engineer J. A. T.ucas of Greenville and a colored fireman were killed. Others of the crew were fatally injured. Train* from the north are being- iletoured via Columbia, S. C.. delaying them from six to seve-n hours A washout apparently caused the wreck. HELD SECRET MEETING Russian Workmen Perfecting Their Future Plans. WILL HOLD A MEMORIAL Proposed Observance of Bed Sunday on January 22. ANNIVERSABY OF FIGHTING A Gigantic Peaceful Manifestation is Contemplated, but Leaders Expect Bloodshed to Follow. ST. PETERSBURG, January 3.-2 p.m.? A general meeting of the Workmen's Coun cil and delegates of all the proletariat or ganizations has been in session secretly since last night perfecting their future programs. AM that is thus Ear known Is that they are planning to turn the anniversary of Jan uary 22 ("red Sunday"), when the most se rious rioting in St. Petersburg occurred, Into a day of national mourning, during Which it is planned to make demonstrations In memory of the "martyrs." All the shops, factories and theaters will be closed and the street car and railroaj}. services will be stopped. Requiem maases will be celebrated, and processions In which the workmen will wear crepe on their sleeves wlM march through the streets. No papers will be al lowed to appear except with black borders. It is proposed to make a gigantic, peace ful manifestation, but if they attempt to carry It out the leaders fully understand that It la sure to precipitate bloodshed on a large scale. Rojestvensky's Story of Battle. From Admiral Rojestvensky's account of hla tactics tn the battle of the Sea of Japan, published in the Novoe Vremya today, the reader is almost convinced that the Rus sian commander outmaneuvered Advntral Togo at every point and was himseJf the reoj victor. He declares he knew Admiral Togo's ex act whereabouts two days before the battle, made his dispositions accordingly and en tered the fight with his eyes open. The odm.ral only casually ptates In the course of his letter that the minister of marine Is investigating the causes of the catastrophe in order to determine wiLether the com mander shall be court-martialed for the loss of the fleet. Charge of British Intention. The charge that the British admiral con centrated his ships at Weihalwei, expect ing to receive an order V6 destroy the Rus sians in the event of Admiral Togo proving unequal to the task, has aroused a consider able sensation in diplomatic circles, all the more so as Admiral Rojestvensky's letter was published with the permission of the minister of marine, and no douibt is enter tained that it will be made the subject of diplomatic representations to Great Britain. Government Tightening the Screws. The government is putting on t lie screws tighter and tighter. War Minister Rudiger has Issued an order absolutely prohibiting officers, privates and employes of the min istry of war from participating in any fashion in political societies or attending the meetings, and prescribing heavy pun ishments, which will be inflicted without trial. The use of the telephone between St. Petersburg, Moscow and other points, which has been employed in communica tions between the revolutionists, has been prohibited to private Individuals except by permission of the authorities. The number of arrests are Increasing daily, and the prisons are so crowded that the Nasha Shisn says rooms with air space for fifteen are holding sixty persons. So far as ascertainable not one of those ar rested during the last three weeks has been released. The same paper says that the newsboys who since the imperial reform manifesto was Issued had been crying the most sensational revolutionary news In the streets, have been prohibited under pain of three months' Imprisonment and $150 fine from even mentioning the names of the papers they are selling. Ardent Appeal to Electors. Prof. Paul M. Milukoff's Narodbaia Bvo boda. which yesterday made an ardent ap peal to the electors to prepare for the cam paign and to organize meetings for the propagation of the program of the consti tutional democrats has bean suppressed. The Commercial Gazette estimates that 90.000 Jews have emigrated to America since the massacres. SUMMARY EXECUTIONS. Many Revolutionists Lined Up and Shot by Firing Squad. MOSCOW, January 3.?According to the stories in circulation here the number of summary executions of revolutionists Is large. Mr. Smith, an Englishman and pro prietor of machine works here, which were accidentally burned yesterday, says he per sonally witnessed a number of executions. When the "drujna" (revolutionary) garri son of the sugar factory surrendered, the officer in command of the regular troops, after a few brief questions, picked out the victims, who were marched twenty paces In front of a firing squad, received a volley and dropped without a struggle. Mr. Smith even says he thinks he recog nized Gov. Gen. Roubassoff among those present. It is generally stated that the victims were handed over to a firing squad with the command "Take them to the river," which was tantamount to a sentence and warrant for their execution. The clearing of the Riazan line so far as Lubertzi, which fell principally on the Sem lonovsky regiment, was attended by much bloodshed. At every station the troops dis persed the crowds by firing volleys. Three leaders. OrlolTsky, Semlnoctvekl and An drew-left, were captured and shot, and over three hundred persons are reported to have been killed or wounded; A newspaper representative states that the number of "brujinists" were placed in dofflns and smuggled past the troops in the Presna district. An officer finally became suspicious, a funeral procession was stopped ana the casket was opened. Insido the soldiers found a man and four bombs. Thereafter all suspicious funerals were halted for examination and the soldiers even went to the length of pulling the mus taches and beards of the mourners in or der to ascertain if they were false. Whole sale arrests continue to be made here. The police are gathering In all persons found carrying loaded sticks or sword canes. Russian Telegraph Lines Working. NEW YORK, January 3.?The cable com panies were advised today that the tele graph lines to St. Petersburg are now working well. There Is communication with all stations except Odessa, SaratofT and Sa mara. The Caucasus and Siberia are still ?ui off. Printers and Employers Ready to Lock Horns. WILL GIVE NO QUARTER Typothetae Charges Union With Bad Faith. FAILED TO KEEP ITS CONTRACT Clause in Existing Agreement Ignored ?No New Developments Today? ?Fight Begins Tomorrow. The "friendly" fight which Is about to I begin In this city between the Typothetae of Washington and the Columbia Typo graphical Union on the question of the eight-hour day has had no developments since yesterday. Both sides await the struggle which is to open tomorrow. This Is the last day when the union men will work under the present conditions, unless they decidc to withdraw their demands. There Is no lack of confidence on either side. While employing and employes} printers are resting on their oars and are not disposed to get Into a controversy ot words, they are, nevertheless, keeping their arguments in mind and seeking quietly to mold public opinion to their respective ways of thinking. The chief contentions of the union men of the District of Colum bia were set forth In detail in their state ment published In The Star yesterday, and these have been met 011 various occasions by the statements In full from the Ty pothetae of Washington. As the eve of the struggle draws near the employers are laying great stress, as they have always done, on the claim that the Columbia Typographical Union has riot lived up to the contract signed with the Typothetae in January, ISMM, In so far as the arbitration clause contained there.n has been completely Ignored. They say that at the St. Louis convention of August, 1004. the International Typographical Union, In voting for the e-ight-hour day, announced that It should go into effect January 1, 1900, where existing contracts did not prevent, and that as there was a contract, signed here In January of the same year, and therefore in existence at that time between the parties In this city, it should not have been ignored in any part, and least of all in regard to its arbitra tion clause. Claim Union Broke Faith. On account of the existence of this con tract with lta arbitration clause, the local employers say, the union broke faith when It terminated the contract on the order of the International- body, without submitting the question to arbitration, as provided. The arbitration clause of the local contract Is as follows: "It is further agreed. That all differences arising between the parties hereto that can not be amicably settled by a joint commit tee representing said parties shall be sub mitted to a board of arbitration, composed of six members, three of whom shall be named by each of the parties hereto, and In the"~event of a failure of a majority of such arbitrators to agree, the members thereof so named shall chooso a seventh member, and a decision of a majority of the board of arbitration upon such dif ferences shall be final and binding upon both parties to the contention, and shall be accepted by the parties hereto and the Individual members of both such parties, without hesitation or delay." As the Typos View It. As for the union, It claims that the ar bitration clause does not apply in the case of a national movement such as that for the eight-hour day, but only In regard to purely local differences of opinion. The members of the Typothetae, however, look on the subject In a different light. What is the use of having the contract, they hold, If, at the order of the International Union headquarters, It may be terminated with out regard to the provisions for arbitration which It contains? They claim there might as well be no such clause in the contract, If It Is not to be followed to the letter, and that there might as well be no con tract at all, as far as practical business principles are concerned. Two other provisions In the contract to which reference has been made are of in terest at this time. One is: , /"Nine houTs shall constitute a day s work; Provided, That nothing herein con tained shall operate against or lnva.ldate any agreement reached as to hours In ne gotiations now or hereafter pending be tween the United Typothetae of America and the International Typographical ^The other Is the concluding clause of the \s further agreed. That thirty days notice shall be given, prior to January 1 of any year, by either party, to effect a change in this agreement. Provided, H>at ln the event of no notice being given by either party hereto previous to said January In anv year, this agreement shall continue In force and effect for the succeeding year. The thirty days' notice provided for ln rhe last clause of the contract was given here, but the Typothetae claim not given for the purpose of effecting a chinle"1 in the contract, but to terminate the contract without the arbitration pro vlded for. Government Contracts. It has been rumored that the approaching strike of the printers ln this city has ef fected the giving of printing contracts to local firms for the Panama canal commis sion. Some of the union men have said tliat the government work must necessarily be done under an eight-hour rule, and that, therefore the dommlsslon's printing has been withheld from certain Anns employing men far nine hours a day. It was stated at the offices of the canal commission to day however, that this particular consider ation has had very little to do with the sit uation. The printing for the advisory board Is not done by local business house*, but by the government printing office. A short time ago Byron S. Adams did part of tills work, and the business would probably have been his at this time were it not for the fact that the board officials believed it best to withhold it until it could be ascer tained how much delay, if any, would be caused by the coming strike. The authorities were not willing to run even the smallest risk, ln spite of the fact that the employing printers, Mr. Adams in cluded, assured all of their customers that business will tro on the same as ever to morrow and every day after the beginning of the strike. An Expert Statistician's Death. The Department of Agriculture has been Informed of the death at Memphis, Tent)., of P. L. Hutchinson, special traveling agent of the board of statistics ln the cot ton states. Mr. Hutchinson was an expert statistician and thoroughly familiar with cotton. He was highly regarded by the department, and his death makes a va cancy that It will not be easy to fill. He had been ill about a week, but It was not thought that his condition was serious, and his death was most unexpected. House Leaders Are Framing Their Program. CONGRESS HERE TOMORROW Date to Be Fixed for Voting on State hood Bill. AN IRONCLAD RULE IS NEEDED Wide-Open Discussion to Be Allowed on Philippine Tariff?Chairman Hepburn's Railway Bate Bill. 1 lie House leaders had their heads to- j gether today framing up iheir program for j tomorrow's reassembling of the lower branch of Congress. It rectus probable that but little business will be transacted to morrow beyond distributing the President's message to appropriate committees and that adjournment will be taken until next Monday. The committee on territories is not ready with Its statehood bill and probaiily will not be prepared to submit a report until Monday. The report will cover practically the samo ground of the report of last ses sion, as the bill is in the main similar to the one which passed the House last year. The Statehood Bill. The committee on rules will meet Mon day forenoon and bring in a rule for con sideration of the statehood bill, shutting off amendments and fixing a time for a vote. The necessity for an ironclad rule to get the bill through the House arises from the factional opposition to the state hood bill and the possibility of adverse combinations being made. Owing to the absence of several members of the House committee on territories It is not likely that much progress will be made with the Joint statehood bill this week. It was the Intention of the House managers, if the bill was ready to be reported, to make arrangements to consider it at once under a special order. Chairman Hamilton of the committee on territories has been working on the measure, but other mem bers of the subcommittee are still absent from the city and little progress can be made. This subcommittee must report to the full committee before action is taken. There are a number of details in the bill to be perfected, relating principally to di vision lines for court districts. Nor has the proposed amendment relating to prohi bition been agreed upon. It is the inten tion of Mr. Hamilton to reintroduce the bill when It is amended, so that the amend ments will not have to be considered in the House. The present outlook Indicates that the bill cannot be taken up before next ween. The House leaders have decided to throw the Philippines bill wido open for dis cussion and amendment. They think it advisable to let the "boys," as Speaker Cannon says, blow off stoam and get rid of their pent-up enthusiasm on tariff re vision. No rule will be brought in to shut off amendments, and the chair will receive such amendments as are germane to the bill. It will not be in order, of course, to at tempt a general revision of the tariff through amendment of this bill, and no amendments for free bides or free steel or any other such projects will be de clared in order. There will be unlimited debate, which can take as wide range as the individual desires. Chairman Hepburn's Railway Bill. Chairman Hepburn of the House com mittee 011 Interstate and foreign commerce has prepared his railway rate bill, and will Introduce it in the House tomorrow. Colonel Hepburn has been working upon t'he bill since Congress convened, and has been busy during the recess licking it into shape. It is understood that the bill contains provisions in accordance with the President's recommendations, such a." have been incorporated in most of the bills Introduced thus far, together with some of Colonel Hepburn's own Ideas of railway rate regulation, born of his long experience on the committee, on interstate and foreign commerce. It is understood that two of the essen tial features of the bill will authorize tie establishment of a maximum rate, and give the courts power to suspend, but not to fix rates. The committee Will meet next Tuesday, and will at once take up the several bills before It. It is con sidered probable that no particular bill now pending will be reported in Its en tirety, but that the measure will be com posite, representing the best features of all the material at hand. Prevention of Discrimination. Comment Is made at the Capitol upon a circular which has fallen into the hands of some of the members of the House ema nating from the executive committee of the interstate commerce law convention. It lt> dated Washington and is signed by E. P. Bacon, chairman. It Is addressed to com mercial organizations and fays: "While it is the general impression that legislation will be enacted at the present session of Congress for the regulation of railway rates, substantially on the lines recommended by President Roosevelt, there is reason for apprehension that the railway Interest, through Its powerful Influence, may secure such modification of its scope as to seriously impair its efficiency. This is particularly the case with reference to the prevention of discrimination between dif ferent localities and between different de scriptions of traffic?a feature of the legis lation which Is of the utmost Importance to all branches of trade and industry, although of secondary Interest to the public at large. "The advocates of the railway interest in Congress urge that conferring the power upon the interstate commerce commission, or some administrative body created By Congress, to prescribe maximum rates to be observed when existing rates are found, upon complaint and hearing, to be unjust or unreasonable, is a full compliance with the President's recommendation in his re cent annual message; and some of the friends of the proposed legislation seem to be disposed to accede to this proposition. The President has, in fact, Insisted as stren uously upon the prevention of discrimina tion In every form as upon the prevention of the continuance of excessive rates. It will readily be seen that the establishing of maximum rates provides no remedy for discrimination produced by means of rat's that are unjustly discriminatory In their ef fect as between different localities of sec tions or different commodities; the only remedy for which lies in establishing, a vast relation in the rates Involved, or, in oth&r words, a just differential to be maintained in their relation to each other, with due re gard to the conditions and circumstances affecting the traffic. Appeal to Congress Urged. "In view of this I beg leave to suggest to the officers of organizations desirous of having this most grievous form of dis crimination effectually reached by the pending legislation that they promptly communicate their desire to the commit tees of Congress having the consideration of the legislation now before them, namely, the Interstate commerce commit tee of the Senate and the interstate and foreign commerce committee of the House of Representatives; and also that they take the matter up with the sena tors ami representatives from their re spective states and districts, either by correspondence or through personal in terviews with them while at their homes during the holiday recess. "I offer this suggestion because I am im pressed. from my personal observations here since the reassembling of Congress, that there is danger of this Important fea ture of the legislation being sidetracked, and that this can be averted only by prompt and vigorous remonstrance on the part of the commercial and industrial In terests of the country. It Is the intention of the committees of Congress mentioned to take up the work of maturing bills on the subject of this legislation Immediately after the holiday recess, and It is expected that bills will be reported to the respec tive branches within two or three weeks thereafter. The necessity of quick acftion on the part of those interested will be readily appreciated." Railway Bills in the Senate. Chairman Rlklns of tlie Senate committee on interstate commerce has called a meet ing of the committee for Friday to con sider railroad rate legislation. Senator E3 klns has been preparing a bill to submit to the committee, which will be upon the lines he announced some weeks ago. There are a number of measures which the commit tee can consider, among them being the interstate commerce commission bill, the Doiliver bill, the Tillman bill and the New lands bill. Senator Clapp of Minnesota is preparing a bill which lie will present to the committee. It will follow closely the suggestions contained in the message of President Roosevelt upon rate regulation. Ship Subsidy in the Senate. After the morning hour in the Senate tomorrow it is expected that Senator Gal linger will address the Senate on the sub ject of the ship subsidy bill. After a long investigation the merchant marine commis sion, of which Mr. Gallinger is the chair man. has prepared a bill which was Intro duced in Congress early in the session, in both Senate and House, Representative Grosvenor of Ohio Introducing the same bill in the latter body. In his speech, Senator Gallinger will go fully Into the merits of this measure and will lay the foundation for any further discussion on the subject that may take place in the city. Should It happen that there Is but a small attendance In the Senate tomorrow Mr Gallinger will probably decide to deter his address until next week, when a larger number of senators will be present. in I that event the Senate Is likely to adjourn early tomorrow until Monday. Hut should the attendance be a fair one the Senate may remain in session not only all nay tomorrow, but also on Friday. The Dominican Treaty. It Is possible that some senator may de sire to have something to say on the sub ject of the Santo Domingo treaty, but :us the treaty is now In the hands of the com mittee on foreign relations, and the sub ject is one that ordinarily would be dis cussed In executive session, It Is hardly likely that any one will undertake to oc cupy time on that subject. It Is not likely that the Philippines tariff bill will come before the Senate-next week, after it has been acted upon by the House. Nor will the Senate take up the subject of statehood until the House has acted, and then it will be the policy of the commit tee on territories, It is understood, to pass the bill Just about as It will go through the House. There will be some potent influ ence* against that action, which may result in amendments to the bill, but It Is un derstood that the majority of the republi cans on the committee on territories will des're to adopt what is now believed to be the bill practically agreed upon In the House. 121 LIjJJE WITH A POLICY. Huntington Wilson s Appointment to Succeed Mr. Peirce. The selection of Mr. Huntington Wilson to suceeed Mr. Peirce as third assistant secretary of state was made in pursuance of the policy Secretary Root announced some time ago In connection with the con sular service, of providing in some way for the exchange of places between officials within and without the State Department, so that those persons who intend to make their life career lie in diplomacy might be come acquainted with all branches of the work. Mr. Wilson was born in Chicago about thirty-five years ago, and first entered the diplomatic service In May, 1897, as second secretary of the United States legation at Toldo. He was promoted to be first secre tary in 1000. He was graduated at Yale in the class of 1897, Is a linguist, and speaks Japanese and French easily. He was strongly recommended for his appointment by Senator Cullom and Secretary Tuft. About two years ago he married Miss Lucy James of Baltimore, her father being a retired business man in that city. Mr. Wilson's appointment is, like that Of Mr. Peirce as minister to Norway, con tingent upon the passage by Congress of an appropriation providing for a legation in Noiway, but It is thought at the State Department that there will be no liltch in that respect. SENDS IT BACK FOB, REVIEW. Secretary Bonaparte's Action on En sign Wade's Case. Secretary Bonaparte has disproved the finding and verdict of the court-martial In the case of Knslgn Charles T. Wade, who was tried on charges growing out of the accident on the gunboat Bennington last July, and has sent the entire case back to San Francisco for review by the court martial, the personnel of which is still there. The sentence of the court was a light one, and it is evident that Secretary Bona parte does not believe that Wade was suf ficiently punished by the court-martial. Ensign Wade was the senior engineering officer of the Bennington at the time that vessel's boilers blew up. The court of inquiry which made the preliminary inves tigation of the disaster recommended that Wade be court-martialed. Secretary Bonaparte approved this recom mendation and also ordered that Comman der Young, commanding officer of the Ben nington, De taken before the same court and tried. The charges made against Wade were for the most part under the general head of "neglect of duty." The affairs of the boiler room came directly under his control and the court of Inquiry discovert d a good deal of neglect there. The Wade court-martial was delayed for some weeks by the critical Illness of the officer, who suffered severely from the shock of the accident and the subseuent actlonq against him. The case is sent back for review. The court Is not required to change the sentence, although the Secretary does dis approve. Printers for Philippine Service. The civil service commission wIU hold f>n examination January 31, to secure eli gible? from which to make certification to fill vacancies as they may occur, at an en trance salary of $1,(500 per annum, in both the composing snd proof rooms of the Philippine -public printing office, at Man:1a, P. I. Naval Movements. The battle ships Missouri and Illinois left Boston yesterday to Join the fleet as sembling at Hampton roads. The Don Juan de Austria has arrived at Tompkinsville, the Princeton at Santa Barbara, the West Virginia at Newport News, the Eagle at San Juan, the Monad nock at Hong Kong and the torpedo boats Hopkins, Stewart, Truxtun, Worden, Law rence and MacDonough at Bradford, R. L Weather Rain and warmer tonight; tomorrow fair, colder in the* afternoon. Unique Features of Opening of New York Legislature. DEPEW ASKED TO RESIGN Insurance Disclosures Have Shaken Confidence in Him. HIGGINS' POINTED MESSAGE. James W. Wadsworth, Jr., Elected Speaker of Assembly?Odell Quit Capital, Saying Nothing. Senator Brackett of Saratoga, soon after the New York legislature convened today. Introduced a resolution demanding of Chauncey M. Depew his resignation as United States senator from that state. The resolution in full is as follows: "Resolved by the senate. That Chauncey the people of the state and nat'on have been staggered by the relation shown to [ have existed for years between the Equita ble 1,1 fe Assu^ancs Society and Chauncey M. Depew, one of the senators of the statu in the United States Congress. "Recognizing that these disclosures hav<? caused a total lack of confidence in tha ability of the senator named to properly represent the people in the body to which he was elected, '?Resolved, by the senate that Chauncey M. Depew be. and he hereby is. requested to forthwith resign hi? seat in the I'nlted States Senate." The resolution offered by Senator Brnck ett calling for the resignation of United States Senator Depew was withdrawn. ALBANY. N. Y.. January 3.?'The state legislature convened at noon today for t he lJ?);h session under conditions In wkm Tv-aya remarkable. The closing of one of tha bitterest factional fights for the assem bly speakership In many veara; the expec tation of many that the defeated faction would at once inaugurate a policy of re prisal; the understanding that at the open ing of the session Senator Edgar 8. Brack ett of Saratoga -would Introduce his long heralded Joint resolution requesting the res ignation of United States Senator Chaun cey M. Depew: the Intensity of feeling In many quarters resulting from the disclos ures of the insurance lnvestigatlon-all .hesa thines drerw upon-the opening of the session today a degree ?f public interest greater and more evident than for many years past When the resolution was introduced Senator John Raines said he had not been staggered by Senator Depew s acts and failed to see In the resolution any thing that called for action, lie express ed his surprise that it whs Introduced, and he moved that the resolution be re ferred to tha committee on federal re lations when appointed. Senator Malby made a speech, in which he said If Sena tor Depew had done anything unlawful or that unfitted him to hold office the charges should be framed Immediately. He eulogized Senator Depew. who. he said, was a grand character. He de nounced the attitude of alleged reform ers" who kicked every one and made " He' declared that only he without sin should cast the first stone. Perhaps there were reasons why every senator should be asked to resign. Yellow dogs, he Mid may be nibbling at Senator Depew s het.fl. t> he has decorated all positing that he ha held. The resolution shou.d not be digr l fled by reference to any committee, but should be disposed of forthwith, he sala. Might Have Included Piatt. Senator Malby then referred to the recent fight for the assembly speakership ar.d sar castically referred to Gov. Htgglns' com ments on the independence of the separate bodies of the government, and said that the senate Judiciary committee shouid take up the matter and report on the governor s Interference In the speakership. Recurring to the Depew resolution. Senator Malby said that there was no reason why Senator Brackett should not have Included Senator Piatt as well. , , . Senator Grady, the democratic leader, asked that the resolution be not pressed at ^Senator Brackett said he was willing for It to be put over, but he did not want to be "kissed out of existence." Senator Coggeshall said that Senator De pew was now ill and it was cruel, uncalled for end brutal for Senator Brackett to len der to blatant and morbid public clamor that is now endeavoring to blast honest ^There was very much more than the usual interest also in the annual message of Gov. Higfflns to the leg.siA-ure, whl.h included important rec-o.nme ndatkms as '0 life insurance, the mortgage tax law tho ravings bank surplus tax and e.ectoral re form. Gov. Higgins' Message. Gov. Higgins' message to the legislature was awaited with much interest because of what he might say regarding the legis lative investigation of the Insurance com panies. The governor, in his message urged a drastic insurance law. and hinted at the necessity of a like Investigation of other forms of insurance. The governor ?'"Pho eyes of the.whole world ara now turned toward New York, and if this legis late e does not produce an insurance law which shall be drastic but PracUcal. radt cal but sane, in a spirit which sh.,11 be courageous but not hysterical, it v. id fall to meet the expectations of those who have confidence in the ability of popular gov ernment to solve its own problems as the> "Future effective action by Congress or the federal government is not probable, and the possibility of such action should not retard for an instant the work of .he St"\Vhile life insurance has received al most exclusive attention, it cannot be as sumed that other corporations dealing in Indemnity and inve.-. ent contracts ka\ e been blameless, arid a word of caution may not be amiss regarding assessment asso ciations. accident insurance companies, co operative fire Insurance companies and the like Better ailo-.v free and unregulated insurance than permit such concerns to ^?xlst under laws which do not protect our Mtizens but enable the promoter of doubt ful schemes to beguile the Investor to huan ;Jal disappointment and fatten himself on false promises and deluded hopes. Guaranty for Policyholder. "The policyholder now demands some thing better from the state than a guaran tee of solvency. He has learned that his nsurance will be cheaper and safer when he companies are compelled to invest their issets for his benefit exclusively, and are irevented from diverting Tunds to the in llvidual undertakings of speculative di. -ectora fir-' to the payment of vaat