Evening star. [volume], January 07, 1907, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

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No. 16,906^ WASHINGTON, D. C., MONDAY, JANUARY 7, 1907-TWENTY PAGES. TWO CENTS.
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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:
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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