No. 16,537. WASHINGTON, D. C., WEDNESDAY, JANUARY 3, 1906-TWENTY PAGES. TWO CENTS.
THE EVENING STA$
"WITH SUNDAY MORNING EDITION.
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yithln the city at 50 cent* per month: without the
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Will Be Given to the Court This
ACCUSED IN GREAT DANGER
Liable to Conviction on the Fourth
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
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
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
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
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
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.
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
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
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
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
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
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
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
THROUGH FREIGHT WRECK.
Two Trainmen Killed in Accident on
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
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
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
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
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.
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
Printers and Employers Ready
to Lock Horns.
WILL GIVE NO QUARTER
Typothetae Charges Union With Bad
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
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
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
CONGRESS HERE TOMORROW
Date to Be Fixed for Voting on State
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
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
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
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
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
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
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
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
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,
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
Rain and warmer tonight;
tomorrow fair, colder in the*
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
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
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
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