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^ - . mi - - '' ' ' ' " ' .... ?? ? M fl]c ^t)?nimj pkr. No. 16,906^ WASHINGTON, D. C., MONDAY, JANUARY 7, 1907-TWENTY PAGES. TWO CENTS. ft THE EVENING STAR WITH SUNDAY MORNING EDITION. Bna!a?M Offle*, 11th Stmt ?nd Ptuij'.Ttil* imu Tie Frenin* Star N?w?pap?r Company. THEODORE W. NOTES, Pmldcnk Ktw Tcrk Office: Tribune Coilding. CtUifs Office. First Nttiocil Etak Building. T^ie Erenlnfc Star, with the Sunday raornln* edition. Is delivered b? carriers, on their own nccount. Within the city at BO cents per month; without the . Sunday morning; edition st 44 cents per mouth. Br n.all. iwwst?*e prej?aM: Dally, Sunday Incluaed, one nioriWi, 60 cent*. Dally, Sundav excepted, one month, BO cents. Saturday Star, one year. Si.00. *nnda'* Sta?* one year. $1M. CONTINUATION OP"" THEJESTIMONY Getting at the Facts of the Terra Cotta Wreck. EXAMINATION OF WITNESSES Authorities Intend to Probe Horror to the Limit. AS TO ELASTIC BLOCK SYSTEM White Light at Silver Spring Meant Clear Block to University, Engineer Declares. After a rest and a retrospect yesterday, the officers who are investigating the railroad disaster at Terra Cotta brought into play at the ir* quest today sober second thought, and the result was the development of important matters, some of which 1 11 1 ? * e .i man Dcen ovcriooKco ior tne time. It was shown to be the determination of the authorities to probe the horror to its extreme length and breadth in order to arrive at the correct conclusions. The oft-repeated query, "Why was a 'deadhead' train of empties allowed to dash along ' behind a crowded accommodation train?'' was triven consideration this morning by the inquisitors. It was in evidence that there was no necessity for holding the empty equipment train at Washington Junction until the local passenger train 66, which is required to stop at almost every bridle path, had passed that station, when, as a witness testified, "there was plenty of time to go . l- t" r y/ nnean 01 no. Engineer Hildebrand testified at the Inquest today that he first saw train tHS at Washington Junction. Then he as clearly placed the cause of the terrible catastrophe on the elastic block system as some of the railroad officials had attempted to place It upon the crew of the train drawn by locomotive 2120. Asked whether the rule^ required him to be cautious while following a passenger train, his reply was regarded as significant and full of meaning: "L'nder such conditions, as all others, we depend upon the block system." Engineer Mildebrand also stated that had he received a white light at Silver Spring and had there been no signal whatever at Takoma Park he would not have stopped at Takoma Park, as that station "is dead at 6:St? o'clock." A white light at Silver Spring, he added, would have given him a ticai liiui\ in i niversixy. Another interesting point developed today was that the smoke and steam from the funnel of 2120 minified with the prevailing fog and practically blotted out from the view of the ?nKineer the surrounding country and also the stations the "deadhead" train whirled past in its alleged race toward Washington to follow another train out of this citv over the Baltimore and Washington division at o'clock, according to a schedule placed in evidence. It was fhown tiiat Takoma Park station appeared as a blur to those on 2120. as the big mogul rushed oast to crash into train 00 a few moments later. Fifth Day of Inquest. At the opening this morning of the fifth day of the in<iuiry conducted by Coroner Nevitt into the causes of the wreck at Terra Cotta Sunday, December 30, F. L. Hewitt, postmaster at Silver Spring, was called as a witness. He is acquainted with Operator Dutrow. "What time did you reaoh Silver Spring Fi.'uion rsunuay night?" the coroner asked. "At ti:40 o'clock." Hewitt replied, "and 1 bought a ticket to Rockviile. Mr. Dutrow told me then that a wreck had occurred on the road, and he did not know what time I could get a train." "Did you notice the signals set at Silver Spring'.'" "I saw Mr. Dutrow with a green lantern in his hand at 7:30 o'clock, and he aid he intended hanging It up. Before that I saw red. green and white lanterns Kitting on the floor." "Who is the regular operator at Silver Spring?" "Mis- Harrington." At this point Engineer Hildebrand was recalled and asked w iie:i he iirst knew train 06 was ahead of him. "1 saw it at Washington Junction." witness said. "Did your Instructions ns engineer of nn extra require you to look out for all regular trains?" "1'nder such conditions, as all others, we depend upon the block system." "Ilow much salary do you get as en glneer?" "In the ratio of J3.75 for each 100 nilles." Question Regarding Earnings. "Was It not to increase your earnings ttiat you slept only eight hours between Friday morning and Sunday night?" "No, sir." "What would happen to you if you refused to take out i!120 from Cumberland?" "If I had claimed 'rest' I would have gotten It. but I felt that 1 had sleep enough." "Have you ever known of an engineer being suspended for declining to take out liis engine?" "Not that I know of?" "If you had received a white light at Silver Spring would you have stopped upon feeing no signal at Takoma I'ark?" "No. I am not required to stop. Takoma Is dead at o'clock. A white light would n-lvun inn o oli-ur tr?/?lr tn Tnivo ru I ? "In your testimony on Suturday you Raid you saw the base of the signal post at TaItomii Park Did you not see the top of it?" "I saw no lights there." "How many stations on the road between Washington Junction and Washington close at G::tO In the evening?" "I believe I have my book showing that." Hildebrand replied, and searched his pockets accordingly. "But don't you know without referring to a book?" "Takoma Park. Forest Glen and Randolph lire all, 1 believe." "How many at 7 o'clock in the evening?" "I'nlverslty." "Was it not a fact that you were called out at Cumberland to run the extra east because there was no other engineers available?" "No, I was the first one In there, and they run us out In rotation." Superintendent Galloway was called upon to furnish information regarding the weight of englnj 2120, and he approximated It at 22H.000 pounds. Juryman Ricketts also asked for the distance between the engineer's window and the head of the cab, and this Mr. Galloway promised to furnish later In the day. Assistant United States Attorney .'roctor took up the questioning, and In different ways tried to secure a direct reply to the query whether, if an engineer r'nould enter the block at Silver Spring under a white light at 6:28 or <!:21 p.m. he would look for ? - ? - 1_ iV.t I a signal at 'J'aKoma 1'arK. inougii mai station should not be reached until after 6:30. "Takoma is Dead at 6:30." "Takoma Is dead at 6:30," Hlldebrand Invariably answered, no matter how the question was asked. "But suppose you should enter at Silver Spring, say at 6:i!8 or 6:20, under a white target, when that signal would give you the block only to Takoma, would you look for a signal at Takoma Park?" Mr. Ricketts Inquired. The question was repeated three times before Hlldebrand said he would stop and Investigate in the event no signals were visible. "n;j - ? 1-n Klrvr?lr ctlfirtn I^IU J UU CVCl f\livn Ul <X Miuvn uku..v.. being closed while you were in the tlock?" asked the coroner. "Not that I know of," witness replied. "What time did you pass Silver Spring? "0:31." "What would you say if you were told that your watch was three minutes fast as compared with all other railroad watches on that Sunday night?" "Well, my watch is a standard make, and it always kept good time." J. C. McClelland, fireman on extra 2120, Sunday night week, was next called to the stand and he said he had worked with Engineer Ilildebrand only two trips. After describing the run in which engine 2120 drew an extra carrying a theatrical company westward to Cumberland, Fireman McClelland declared, as did the engineer, that the four hours' sleep secured at CumtiorlntiH bnforp hearlnnlne the fatal return trip to Washington were sufficient. "What signal did you get at Silver Spring?" "Double green." "What time was that?" "6:31." "How do you know It was that time?" "I only have the engineer's word for it." "When did he tell you about the time at Silver Spring?" "When we passed the station." "I)ld he mention the time at any other station on the way down?" "No. sir." "Did you say anything about the sljrnal at Silver Spring?" "Yes. I told him it was double green." "Did you tell liim about any other signals almg the line?" "Yes. at Harnesville. Rockville, Kenslng ton and Forest Glen." "When did you last put coal In the furnace before the wreck?" "Just when the engineer blew for the crossing at Silver Spring?" "Did you see anything at Takoma?" "No, sir; could only tell It was a station? that's all." "Did you and the engineer say anything about train No. 66 possibly being behind time?" Overdue in Washington. "No; it was overdue in Washington." "Are all B. & O. trains always on time?" "Oh no, sir." "Did you or the engineer say anything about not being allowed to go ahead of train No. 66?" "He said there wasn't any use holding us at Washington Junction when there was plenty of time for us to go ahead." "Was he angry at being delayed?" "No, sir; I can't say he was." When witness was turned over to Assistant United States Attorney Proctor he was asked in detail about firing engine No. 21"0 just before passing Silver Spring, and McClelland declared he began firing at Kensington and finished and climbed to his seat in the cab when near Silver Spring. What time did you try to get to Washington that Sunday night?" "Well, we sort of calculated we would follow the 6:30 out." "Did that mean you would have to get to the 'Y' before 0:30?" "No, sir; no special time, just so we didn't get in before 6:30." McClelland w^is excused and Engineer Hildebrand recalled and handed the dis patch copybook and required to read Irom it as follows: "December SO, 1900. "Engine 2120 will follow as second and last section of 174 from Washington to Bailys and proceed to l^ocust Point." (Signed) "O. H. H." "Did you get such an order?" the coroner asked. "No, I never received it." "As a matter of fact, does not 174 leav; Washington at <!:30?" "I can't tell unless I look at the schedule." Hildebrand looked at a schedule and agreed that 174 was scheduled to leave Wachlntrffin a f At the suggestion of Attorney Davis, Superintendent Galloway explained that the order in question was addressed to "A" tower, the new tower in Washington, and Hildebrand did not get it because lie never reached Washington. Recess was taken until 10:45. Injured Doing Well. Reports from the several hospitals late this afternoon are to the effect that all the Injured of the Terra Cotta railroad disaster are doing well. William Woodson, colored, boy, found a gold-handled knife at the scene of the wreck. It Is said to be valued at J1&. Capt. Peck of the police department is trying to locate Its owner. JAPAN WILL SEND SHIPS. Friendly Visit to Be Made to Hawaii and Pacific Coast. The Japanese embassy has received advices to the effect that there will be no change in the program of sending to Honolulu and later to the Pacific coast a fleet of warshios on a mission of friendshiD and good will. When the agitation over the school question in San Francisco arose there was some doubt that the fleet would come to the United States. Various theories were advanced as to what Japan would do under the circumstances, but the decision to carry out i..e original program indicates that Japan is satisfied with the efforts of the President to secure a proper settlement of the dlffiulty. It .1 understood that the same fleet will attend the Jamestown exposition. Extent of Chinese Famine. Dr. Louis Klopsch, editor of the Christian Herald, New York, has transmitted to the American National Red Cross In this city the following cablegram from Dr. T. F. McCrea. chairman of the Chinese relief com mittee: "CHINKIANG. January 5, 1007. "Viceroy Tuanfong estimates four millions destitute. Missionaries confirm. Area affected nearly equal thai of New York state. Winter on. Prices unprecedented. Suffering intense. Deaths beginning. Five months to harvest." Just Returned From Cuba. Gen. Crozler, chief of ordnance, has just returned from a three wee! s' visit iO Cuba. His visit to the island at this time has led to considerable gossip and speculation, but It is said at the War Department that it had no political or military significance. Gen. Crozler has gone to New York for the day. PAST LIFE THE HITCH Harry Thaw to Take Desperate Chances for Liberty. HE WILL GO TO TRIAL Rather Than Permit Himseh" to Be Declared Insane. SOME STRANGE FAMILY STORIES Mrs. Thaw Sides With Her Son on Eve of Trial ? Afraid of Family History. Sppoial Dispute!) to The Star. NEW YORK. January 7.5?That Harry K. Thaw is willing to risk the chance of going to the death chair rather than have his past life laid bare. and that his mother Is willing he shall lake the chance in preference to having some of the inner family history revealed, is said to be the secret ot their opposition to having the young man declared insane 011 the eve of his trial for the murder of Standford Wh'te. The motives animating mother and son, differing In inception yet strangely alike, reach the same purpose in the end. Harry is aware of the nature of the facts that have been gathered here and abroad regarding his career. He feels, it is said by those who ought to Know, inai an me aiurj i will become public property if a commis- I sion is appointed to inquire into his sanity. Nevertheless, it is s'.ated in dispatches from Pittsburg today, Mrs. Thaw, the elder. Is being strongly urged to have a commission appointed, and this advice comes from such able lawyers and old friends of the family as Senator Knox of Pennsylvania and Justice McKenna of the Supreme Court. Mrs. Thaw appealed to them, as friends of her late husband, for advice, but is loath In the extreme to act on the advice she got. May Declare Him Insane. There Is every reason to believe that a lunacy commission would declare Thaw Insane. Thaw Is sane enough to realize that and also what it would mean to him. He is reported to have said that he has such a dread of going to Matteawan that he would do anything to keep out of the state hospital for the Insane. But that is nt>t his real motive. Rather than consent to the appointment of a commission, which act in itself would make it reasonably certain of saving h .? life and keeping a dreadful blot r>rf ?hp familv name, he chooses the other course and thereby escapes having his peculiarities of conduct become known to the general public. These peculiarities. If recounted to a lunacy commission, would certainly lead to a decision that the young man was and Is of unsound mind. That, at any rate, is the statement made by persons who have had much to do with the case from the time that Thaw was arrested, and who will play an important part in the legal proceedings that must be followed before the case is finally disposed of. A great mass of facts has been collected, all going to show that Thaw is afflicted with progressive paranoia. His whale life has been gone over from the time he was a mere child, and Thaw has a very good idea what material has been found, especially in Paris and Monte Carlo. But these same informants say Mrs. Thaw, sr., does not know of the real reason why her son is so bitterly opposed to going before a commission in lunacy, sne nas ner own reasons? for siding with him. There are some features of the family history which go far toward showing that for Harry to be at least eccentric is not strange. There are stories of legs of tables having been bitten into when some one in the family fell to the floor in paroxysms of rage that were not pleasant to behold. Switched to His View. These and other things of the same general character, known only to a few persons outside the family, are said to be a part of what Mrs. William Thaw does not wish to become public. Other members of the family are willing that it should all come out rather than have Harry go to the death chair. When Mrs. Thaw first came back to this country to aid her son she was told that his life could be saved through having him declared insane. She sanctioned all that had been done. Then sue taixeu wun uarry. What passed between them will probably never be generally known, but she switched around to his view. Then she wanted to know if something could be done, other than having him declared insane, that would give him a chance for his life?justification of his killing of White, for instance. Mrs. Thaw was asked bluntly if she was insane to think there could be any justification in her son walking up to an unarmed and unsuspecting man and shooting him down in a public playhouse. It was said she was then and there informed that if any course was adopted other than having him declared insane by a commission, her son would certainly go to the death chair, and that nothing could prevent it. That fact was impressed on her with the greatest earnestness, but she decided against the appointment of a commission. Application for Special Panel. NEW YORK, January 7.?An application for a special panel of selected talesmen frr. which to choose a jury to try Harry . K. Thaw, who Is charged with the murder of Stanford White, was made by a representative of the district attorney's office In the supreme court today. The request was based upon the contention that the wide publicity given the Thaw case would make It exceedingly difficult to get an Impartial Jury in the regular way. The motion was opposed by counsel for Thaw. No final decision in the matter was reached, the court directing counsel for the defense to embody his objections In the form of an affidavit and serve it upon the district atr torney. After this Is done Thaw's counsel' and the district attorney's representatives j will be given another hearing ! the matter. Princess Irene Not Damaged. , NE\y YORK, January 7.?The North German Lloyd Steamship Company received a cablegram today from Naples saying that itj bteamer Prlnzess Irene was not damaged In collision Saturday with the steamer Moltke, and will sail tomorrow for New York. FOK LOWER GAS RATES MB. MADDEN HOPES TO SEE HIS BILL PASSED. Many Members cf the House Inter a. a x i.i -n "D c&icu in me rropusiuuu? quest for Hearings. Representative Madden of Illinois, author of the bill for 73-cent gas for the District of Columbia, today made a formal request of Chairman Babcock of the House District committee that the latter fix an early date for hearings on the measure. The gas bill was sent to the Commissioners last Friday, but no report has yet been received. It is thought at the District headquarters that there may be some delay In gelling it report oil me measure, uwnig iu the fact that the Commissioners are very busy just now with the inquiry into the causes of the recent Terra Cotta disaster. Cost of Manufacture. Mr. Madden said lie had been devoting a great deal of time in the holiday recess to obtaining scientific data and practical information concerning the manufacture of gas, the cost of the various materials which enter into its composition and the cost of the finished product, distributed, lie was more than ever convinced, he told a Star reporter, that gas could be manufactured for approximately cents a thousand cubic feet. Such information as he has obtained will be put In form for use and submitted to the members of the House District committee. The bill will have its hearings, of course, before u subcommittee of the Dis'.rlct committee, and these bearings will prcbaiily cover considerable time. Mr. Madden is convinced that under proper conditions the gas bill can be reported and passed at the present session of Congrers, and he Intends to do his best to see that that much Is accomplished. It is understood that Mr. Madden will have the support of the republican leaders of the House in his effort to secure 75-cent gas for the District. Would Have Appraisal. Representative Smith of Iowa, discussing the gas question today, said lie would like to see the House pass a res>lutlon providing for the creation or a board of expert engineers to be appointed by the President, charged with the duty of : ppraislng the valu of the gas plant and properties in the District of Columbia, exclusive of franchise. Once this was done?that is the exact money value of the gas company's holding ascertained and set forth?it would be easy for Congress to fix an equitable price for gas. It would then be necessary only to determine the actual figure at which gas can be manufactured and distributed. The interest on the known Investment could then be fixed and the gas price adjusted arc dingly. Some members of the House are heart and soul with Mr. Madden, and others take Mr. Smith's view, and still others have original ideas of their own. But an unusual number of representatives are manifesting interest in the proposition, and one, result of the agitation will undoubtedly be that hereafter an annual report to Congress of the operations of the gas company for the preceding calendar year will be provided for. Many representatives were not aware until Mr. Madhrll caused them to look into the subject th:.t the Washington Gas Company was not now required to make any report of any kind to anybody. Some members of the House even sent down to the document room for copies of the latest annual report of the gas company. These members are now the most earnest in the declaration that an unreporting company should not be permitted to do business anywhere?that is, a company which Is nothing but a public service corporation. PRESIDENTIAL NOMINATIONS. Selections Sent to the Senate for Confirmation. The President today sent to the Senate the following nominations: Surveyor of customs?Thomas C. Elliott, port of Cairo. 111. Collectors of customs?Herbert D. Philbrick, district of York. Me.: William H. Pknieis. cistrict of Oswegatchie, N. Y. Recister of the land oitice at Eureka, Cal.? David J. Girard. Postmasters: California?Philo Handy, Ckiah. Illinois?T. M Crossman. Edwardsville; A. I?. Coy le, Gridley; C. F. Buck. Munmouin. Iowa?J. Meyer. Alton: S. J. Mitk, 111 wood; A. R ( nrysler. Lake Park. Maryland?J C. Peddicord. Oakland. New York?L. A. Waldo. Canisteo; \V. S. Vandewater. Cedarhurst: S. B. Cloyes, Earlville; M. D. McNeil. OxTord. Pennsylvania?B. F. Hevener. Ardmore. Vermont?J. E. Pollard. Chester. Minnesota?\V. Gallagher, Carlton; W. J. Cowling. Ely. South Carolina?D. P. Mcr^iurln, Clio. Washington?J. M. Benedict. Centralia. West \. Inla?F. S. Smith. Parkersburg. WILL ANNOUNCE IT HIMSELF. Chief Justice Fuller 011 Rumor of Contemplated Resignation. When questioned today concerning the persistant rumor that he intends to retire from the bench, in order to afford the Pres ident an opportunity to appoint Secretary Taft as his successor, Chief Justice Fuller declined to discuss the subject except to say that if he should contemplate retiring he would himself make the fact known. MONEY FOR THE ARMY. Appropriation Bill Will Be Taken Up Tomorrow. Representative Iiu'l of Iowa, chairman of the military affairs committee of the House, gave notice immediately after the army appropriation bill reported to the House today, that he would call the measure up for consideration tomorrow, after the approval of the journal. r.y ^^.*?JB53^ I*-f j? 7^fl ^- C>'/ 'iB^^Mft Jfir I |V^| I Senator Berry. CORTELYOUJETIRES As Chairman of Republican National Committee. HARRY S. NEW NOW ACTING May Remain So Until Its Reorganization. THE NEW CHAIRMAN NAMED By the Candidate for the Presidency and Mr. New May Continue in That Office. Postmaster General Cortelyou announced this morning his retirement as chairman of the republican national committee. If is understood that the change will go into effect at once. Harry S. New, vice chairman of the committee, is to be acting chairman, according to the statement issued by Mr. Cortelyou. Aside from this informition. the statement had nothing to say of the change, and Mr. Cortelyou declined to discuss It personally. Mr. New's Tenure. The opinion Is held by members of the republican national committee who are now in Washington that Mr. Harry S. New will be permitted to remain as acting chairman until the national committee is reorganized for the next presidential campaign. There was talk some time ago of a boom for Senator Scott of WeBt Virginia for chairman. but the understanding is that the vice chairman will continue to act as the head of the committee for the present. The only duty the acting chairman will be called upon to perform will be to call the committee together a year hence for a meeting which will designate the time and I place for holding the next national convention. i That meeting will probably be held In Washington, and it could, of course, elect a chairman, but will probably direct the acting chairman to wield the gavel. To be Named by New Committee. The next presidential campaign will be conducted by a chairman to be named by the new national committee to be selected by the delegations to the national convention. The custom is to name a chairman selected by the candidate for the presidency. That was done in Mr. Cortelyou's case, upon the suggestion of Mr. Roosevelt the head of the ticket. So it will be entirely feasible for Mr. New to stand pat in the acting chairman's shoes until the convention has acted and the race for the presidency is anounce.1, when it may be considered desirable to formally elect Mr. New chairman if he Is acceptable to the candidate. Mr. Cortelyou's retirement has been expected ever since the last campaign olos" ed. He never intended to Conduct the two offices together as a permanency and only Viold nn t r? phfllrmnrmhln tn the multifarious loose ends of affairs that always have to be gathered together after a national campaign. DISPLAY AT JAMEST0T7N. Nearly All Foreign Governments Have Accepted Invitation. In response to a request transmitted to other governments by the State Department at the instigation of the Navy Department, nearly all foreign countries have accepted the invitation of the Jamestown Exposition Company to be represented by a military or naval display. Some countries have indicated that they will be represented by a delegation of army officers, while others have announced their intention of sending one or more warships. It is expected that the full list of the countries which will be represented, together with the exact number and the names of the vessels as well as the number of army oflicers comprising the various delegations, will be completed in a short time. The only specific official information relating to the foreign representation received in Washington so far is that Chile will send two ships, Italy one, Portugal one and Sweden one. Belgium will send a delega tlon of army officers, so will Guatemala. Argentine will participate. Persta. and Denmark have advised the government that they will not participate. Great Britain. France, Germany and Japan, and possibly Russia, will be represented by fleets of modern warships. MINISTER PINA ACCEPTABLE. Spanish Government Has Been Notified to That Effect. The State Department has notified the Spanish government that Ramon Pina, who has been named as minister to the United States, is entirely acceptable to this govern| ment. The appointment therefore Is expected to be made at once. On account of ill health Senor Cologan. who previously had been appointed to the Washington post, was compelled to decline. The new minister Is forty-seven years of > rvn o 11 /I Vi 1 O Itann in fVin Cr\nnt-<V< i4lnln tiger auu uno i* MI IIIC oi'ani 11 uipiutnatic service since he was twenty-two years old. At present he is first under secretary of state. He has not heretofore held the title of minister. He is said to stand in high favor with the Spanish government, and while no definite announce| ment has been made on the subject it is the understanding here that his appointment as ninister to the United States is a reward for his efficient services to the government, particularly as secretary of the Algeciras conference. THE McCLELLAN STATUE. Will Be Dedicated May 2 Next, Instead of May 15. The McClellan statue commission, of which Secretary Taft is chairman, has decided that the McClellan statue to be erected on the reservation on Connecticut avenue in front <f the Highlands shall' be formally dedicated, with military exercises. Thursday afternoon at 2:^0 o clock, May 2 next, Instead of on May 15, as previously arranged. The program will include addresses by President Roosevelt, Gen. D. E. Sickles, Gen. O. O. Howard. Gen. G. M. Dodge and Gen. H. C. King. BUBAL DELIVEBY. Interesting Statistics of Service Up to January 1, 1907. The report of the rural delivery service up to January 1. 190f, which was made public today by Fourth Assistant Postmaster General DeGraw, shows that the total number of petitions for the establishment of the service received up to that date was 54,022, upon 15,530 of which adverse reports have been made. At the beginning of the year therte were 37,024 routes in operation and 1.U2U petitions for the establishment ol service pending. The number of regular rural letter carriers employed January 1 was 36,008. The states having 2,000 or more rural routes are Illinois, with 2.7S4; Ohio, with 2.474: Iowa, with 2.297; Indiana, with 2.12W, and Pennsylvania, with 2,023. MAY VISIT BB0WN8VTLLE. senator jror&ker Accepts an Amendment to His Resolution. Th? galleries of the Senate were occupied to their capacity today In anticipation of Dtrther discussion of the Foraker resolution respecting- the Brownsville negro troop Investigation, and because of the notice by Senator Gearin that he would discuss the Japanese question. At the close of routine business Senator Lodge calUd up the Foraker resolution simply to say that he should follow Mr. Gearln's Japanese speech with remarks on. the amendment he had offered to the Foraker resolution, which amendment recognizes the constitutional and legal authority of the President to take the action he did In discharging the negro troops. Senator Foraker deprecated deiav in the consideration of his resolution. Mr. Aldricli informed tne Senate that before the resolution was finally voted on he should insist that the usual custom of the Senate be observed and that the resolution be sent to the committee on audit and control of the contingent expenses of the Senate. Mr. Culberson offered an amendment to the resolution, which Senator Foraker accepted, authorizing the military committee to visit Brownsville, Texas, and take testimony there. Mr. Foraker then asked unanimous consent of the Senate, that the resolution be made a special order daily after morning business until disposed of. - o this Senator Heyburn objected, saying there were other matters of equal if not greater important demanding consideration. Mr. Foraker gave notice that he would renew his motion later. Mr. Goarin was then given the floor to discuss the Japanese que-tion. Hie remarks will be found in another column. Mr. Lodge's Substitute. Senator Lodge will offer a substitute resolution for the Foraker resolution on the Brownsville afTalr. The substitute has been drawn and Is said to have received the approval of a number of republican senators who will vote for It In lieu of the Foraker resolution. The substitute provides as follows: "That the committee on military affairs be and hereby is authorized to make Inquiry and take testimony in regard to the affray at Brownsville, Texas, on the night of August 13. 1906. and that It be autnori fn cnn/1 fnr naronna an/1 nonara on<l administer oaths and report thereon by bill or otherwise." The original Foraker resolution directed the committee on military affairs to take such further testimony as may be necessary "to establish the facts connected w ih the discharge of members of Companies B, C and D, 2.r?th United States Infantry." Senator Ixidge last week proptsel to amend the Foraker resolution by Inserting the words after the word "discharge" "by the President of the United States in the exercise of lils constitutional authority as commander-in-chief." All of thesj resolutions are now pending njid will be the sutject of debate in the Senate. title to the canal. Vloht A# fha Sarratanr tn P?-XT fnr Tt Sustained. The case of Wilson against ttfe Serrptary of the Treasury. In which Wilson challenged the right of the Secretary to pay the money necessary to secure the title of the French company to the Panama canal property, was decided by the Supreme Court of the United States today adversely to Wilson's contentions. TAX OF STOCK TRANSFERS. New York Law Held to Be Constitutional. In deciding the case of Albert J. Hatch against Edward Reardon, the latter a peace officer of New York favorably to Reardon, the Supreme Court of the Uni.ed States today passed upon the validity of the New York stock transfer tax law. in effect holding it to be not in contravention of the Constitution. and thus sustaining the decision of the supreme court of New York. HAU IN HAMBURG. May Be Several Months Before He is Tried. HAMBURG, January 7.?Karl Hau of George Washington University, Washington, D. C., whose extradition was granted In London recently on the charge of murdering his mother-in-law at Baden-Baden, arrived here today on tlie steamer Hirondelle In charge of two English detectives. The latter denied the retx>rt that the prisoner attempted to hang himself during the passage. Hau was handed over to the German police here and will be taken to Karlsruhe for trial. It is believed, however, that several months must elapse before the case can be brought into court. SHOWING NOT SATISFACTORY. Government to be Represented on Negro Exposition Board. The members of the government board of the Jamestown exposition had a conference today with the Negro Development and Exposition Company, which has charge of the negro exhibit at the exposition. A report from Giles Jackson of Richmond, president of the negro company, previously submitted, was discussed. The showing made was not satisfactory to the government board. The salaries paid to some of the officers of the negro company were thought to be excessive, and the management of the exposition affairs by the com<i-n c< n At o Wnarathcr onticfo 4 wao IIVI uivvtjviuti nuuoitti IUJ y . A proposition looking to the reorganization of the negro company was made, and it is likely that two additional members of the company will be designated by the government board. The additional members, it is said, have had experience in exposition matters and nothing is to be done by the company without the approval of these two members, who in a way are to represent the government board. President McCrea in Charge. PHILADELPHIA, January 7. ? James McCrea, the new president of the Pennsylvania railroad, formally assumed the duties of his position today. He was at his desk early in the day and put in a very busy morning, devoting himself principally to a meeting of the road committee. Many of the higher officials of the company conferred with President McCrea on subjects pertiilnlng to the management of the great railway system. Gone to Sandy Hook. Gen. Mackenzie, chief of engineers: Gen. Crozier. chief of ordnance; Gen. Murray, chief of artillery, and other member^ of the board of ordnance and fortifications are at the proving grounds at Sandy Hook. N. J., witnessing important tests of the effect of projectiles and .ligh explosives on targets assimilating warships. f i ; Weather. Generally fair tonight an? tomorrow; warmer tonight* t McCLELLANJS SUED Hearst Wins a Point in the Mayoralty Contest. STATE BRINGS THE SUIT Attoracj General Jackson Will Try Case of the People. TRIAL AT AN EARLY SAT / Alleged That the Mayor Has No Legal Bight to Hold , t Office. NEW YORK. Jnnunry 7.?Attorney Gen" eral Jackson, on behalf of the people of the state of New York, today entered suit in the supreme court against George B. McClellan. praying that the latter be ousted from the office of mayor of the city of New York on the ground that he has usurped and unlawfully holds such office, whereas William Randolph Hearst is legally entitled to the same. It Is stated that this new proroedlng has nothing to do with the quo warranto action which last week was temporarily enjoined at the application of Mayor McClellan. The Mayor Served. A summons and a copy of the complaint In the action were served upon Mayor McClellan at the city hall this morning bjr Deputy Attorney General Deford. Mr. Jackson is in Albany, and It was said that ariv Htotpmpnt with rpftreno** to the suit would have to come from him. The complaint declares flatly that at th? election in 1005 Mr. Hearst "was duly and legally elected mayor." One difference between this new action and those that have preceded It Is that Jt Is brought In the name of the people of the slate of New York, whereas the other? have been In the name of Mr. Hearst. An Early Trial. AI-BANY. N. Y., January ".? In view of the precedence given In the courts to actions begun by the attorney general, the suit of ouster against Mayor MeOlellan brought by Attorney General Jackson In the supreme court In New York county will come to trial at once, and will be prosecuted by Deputy Attorney (ieneral Donnelly, with Clarence Shearn, William Randolph Hearst's personal attorney, as special counsel. Attorney General Jackson said this afternoon that this action would take the place of that proposed on the relation of Mr. Hearst, further proceedings in which were enjoined Saturday by Supreme Court Justice Fltts. It Is alleged that ballots legally marked for Hearst were oounted for MrOllitn by the Inspectors of election, and that these "miscounts" formed the basis of the returns of the vote. It is claimed that men not entitled to vote were allowed to vote for McClellan, and that In many other ways the election laws were violated at the 1!H)5 election. Votes cast for Hearst, It Is declared, were not counted In a number o? districts. Allege No Legal Right. The alleged Illegal votes counted for McClellan and the legal votes which, it is asserted, were not counted for Hearst "greatly exceeded, but by precisely how much the plaintiff is unable to state, the difference between the votes for the defendant McClellan and the said Hearst." "Notwithstanding the election of said Hearst," the complaint concludes. George B. McClellan "has usurped and intruded into and now unlawfully usurps and holds, the olflce of mayor. It is "demanded that Judgment lie rendered upon the right of Hearst to the office and also "upon the pretended fifthl of the defendant, McClellan, thereto, and that it is adjudged that the defendant McCleljan has no iust or legal right to hold said office. and that he has had no such right since the lirst of January. I'.KKi; that the said William Randolph Hearst was duly elected to the office of mayor," and has had since January 1, 11XM1, the legal ri_.it to hold the o...ce for the term ot four years from that date. The ttnal prayer is that "George B. McClellan be ousted and excluded from said office." Counsel for Mr. Hearst will appear next Saturday before Justice Fitts out of deference to the court, but the proceeding by Mr. Hearst before the attorney general probably will be abandoned in favor of this direct attack upon the validity of Mayor McCleuan'a title, orought by the attorney general himself upon his own initiative. Will Tint Talk. NEW YORK. January 7.?Beyond admitting that copy of the papers in the oustep action instituted by Attorney General Jackson had been served upon him, Mayor McClellan refused to discuss the case. H? has nothing whatever to say at this time, he said. NEW YORK'S FUNDED DEBT. Annual Message of Mayor George B. McClellan. NEW YORK, January 7.?'The annual message of Mayor George B. McClellan, sent to the board of aldermen today, shows that the gross funded debt of the city ori December 31, l'.HKi, was $C05,0U~,:Rj2, iesa $1'J1,044,180, held in the sinking fu.id. The borrowing capacity or margin for incurring further indebtedness on October 1, l'JOO, waa $05,570,211. The number of children on part time In schools has increased upward of 11,000 to 05,000 in l'JOO. The number of schools in use during 1U0C was 510 and they housed 50S.13W scuoiars. The new municipal ferry to Staten Island Is conducted at a financial loss, but the mayor said large manufacturing interests are moving to that island and its population will be increased, which were the principal objects of the city operation of the ferry. An increase of 1,200 men for the police force is asked for. Kay Not Meet in Santiago. ZANESVILBE, Ohio, January 7.?The executive committee of the G. A. R. is In session here today, having been called together by Commander-in-chief R. B. Brown, for the purpose of selecting a meeting place for this year's encampment. It was decided at Minneapolis to hold this year's meeting at Saratoga, but it is said that that city has failed to meet several of the requirements. ~ A nuucci UHIUVIIIKUI vcau. ALAMEDA, Oal., January 7.?Alfred E. Davis, the last of the pioneer railroad builders of California, died here last night, aged seventy-nine year*. Associated with the late James J. Fair, he built the narrow-Kuaice railway to Santa Crux, which eventually became a branch line of the Southern Pacific, which purchased it Davis was born in New Jersey, lie cam* to California In 1849. i