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TRE EVEN7N9 ^ AH WTTB SGKEiil MOROft- STATION fcfice sOrfice llth Street _tr,c Pennsylvania Avciu*. Tat F-fmnt Star Newspaper Oompacy. lEkGOORI ft NCTE6 ."rc-iorat. Nev York Cffi'-a: rrib'in* BuiMir? Cbicaf> Office: Fi *?t National Bank Buiidinff. Tk#? Fv??ninjr Star wlrh tU? s'-imfny ruorninr <vit I" d^ll*wd by carriers <>t. :h? :r own tccoo&L m " r' ? "4 ' '' ?"!* trttlH :?? Cb6 Sc. : i> niorrin*: ??dition a? 41 per mouth By mail, postage j?r*vsi?d I' 't Sun?!j.?- I: ? .,n.' fi,-> On ? *nM, l'? > Jn\ nnr :r- nth. ut' v ?*cul e ? :.1 v -far. t>n?- year, *Tt>0. ?u'.iiaj St*r, one year. Si.50. Evaded the Necessity for Filing Oil Tariffs. CHOPFED UP THE PPE LINES Kept Them All as Intrastate Car riers. C. M PAYN? PUT ON THE STAIJD Said His Chief Duty Was to Si?,"? Papers Withcut Reading Them. Conveniently Ignorp.nt. N KAV Y'iKK, S. p't mlr : *J6.?(' M Payne, who wltl H C. I'"tger, jr. owns the Cor scu\.t Keflr.ing Company of T. x s was on the w itii.ss Ma: I again today in the gov ernment s .-- .it against the Standard Oil ' ompiny. ami gave further information ? ?i. ? r?ii!i?. ;!? pipe linos of the so-called o!l : .--i . vi r w! he has general supervision. Mr Payne i.?I that at the terminus of the ;? of t > Nat cinal Transit Company", .' 1 ? T* r li ig- n the state line between N> w Jerse.. and Pennsylvania, where tlie ? ??nil ? <i :??!> s its tariffs for shipment of i ruii< oii t la-re v.ai a pumping station. It is not a d?"very station is it?" asked Mr Kellogg after the witness had testified that at Center Bridge the oil from the I :-es of the X ? nnil (,'om| iny was pump ed nto tl.e pipe- of the Standard Oil Com- j j - y of N( w Jersey. "It is a pumping station." iinswrred the I v. itnesp. I sl ow jou a statement of the National ! Transit Company showing that tanks were 1 .lit in Center Bridge in l!Kl(5. \\ hat were they for?" 1 >?: the purposes of making a delivery at a <!? ivery station, replied Mi i'ayne. To whom did you deiiver Iht oil th- re?" asked M K? i logg, wl, ? contends tiiat the standard 'i.mpany has evaded the Hep burn law of i!u>'.. whit ii provided that pipe 'at-., : - s. ;.ll submit schedules of tariff to ' : *' ''"iu:aI.- ai!<l that the real terminal is j Bayonne, N J.. at tidewater. j ? ? t. ? Standard Oii Company of New J? rsi'i answ red Mr. Pa> ne. "1 o you delivei lo any one else?'* "No." "No ore else has asked for a delivery ot oil there?" ' No, not that I know of," said Mr Payne. Advice by Miiburn. Now. is t nut the Southern Pipe Line Company that delivers oil at Center Hridge instead of t)lt National Transit Company?" "I do not think so." said Mr. Payne. "You huilt the tanks at Center liridge in Who advised you to build them?" I did. interposed Mr. Miiburn of the defendant's counsel, ?for i thought under lie i.iw ti at there should be a delivery point there. I thought it excellent legal advice I ilon't, said Mr. Kelloprg who then a*k?-d the Witness the location of Fond t?rove. !i is on tin state line between Pennsyl v.n.la and M,.r\land. ' sa il Mr. Payne. \\ :..,t pii * lint companies canned at (.jrove? "The National Transit Company line eon > ' - with Hie pipe line of the Standard ml ?npary < f w Jersey, ' answered the Wit! H Sjj. a:. > ' i.!r:g but a tank and pump : fi at Keatl tSrove?" ' 1 d.a t think so." said Mr. Payne. Mr. Keiiogg j?ji: i ad oil the record that 5".A', ' .' 1' :,'s of subsid.ary companies e. ' . St.iioiarti made a shipping point at -M " "K 1 :l ? ar'<l that tlie uil tiiruugh 'til - fame from Cygnet, Ohio. Just Signs His Name. L>u you know if the Standard has a pipe hue let ween New York and Brooklyn?" i do riot know " answered Mr. I'ayne. I I ive heard of it and read that there Was a l ip. line under the Hudson and East r.vers. ' A I vu e presiil.-nt of the trunk pipe 1 " ' dm, : know if th. ro is a nine " t?.e., x. w York and Hrot.kivn?" a.e r.eard mere was hut doll t know ?' "":i know .edge," said Mr. Now. .t ;s see what your duties are as : " 1 " ,V: KMkMMtf Ttansit Com t - -a .1 Mr Kellogg . "a ipa: v l.i ,-ign my name to I f:-. answered Mr. i'ayne. 1'' ' ? ! ? .:?! 11.? se ??'' I I. ,1 or them, replied Mr Payne, ??I ti'it many papers were sub s,fna:ure l.y ti e directors ? M I'ayne testified that lie ? ? ? V..O..H 1>C? the Nationai oinpan, operated ti?. plpe Um) ? ' I ?ayorine. N .) . whi).h ?W ope ated by the Standard OO CoVt ? ? J. rsej. Mr I'ayne ?.ljfl h(. " ! 4 " '? 'r'v from t lie Jn, e lino ?1 ?>.!.. e.ning t|lt. to.s, 0,?.ra. Yesterday's Proceedings. ^ '!? standard Oil Company was able - .le-e.-ary ...mpanifs that w.re not ,r> ' ""'liana S, and how a concern .an ??. s.,M and still l,e run by those who V ; hrough! out by Federal Attorney ^ i;?- s' "idnr.l Oil hearing y.-ster 0 'Ml the Star,I ?as II .? Koiger. Who is '! ' ? mining interests of the I ; ' ' 1 ' 'ompany. and a partner in ' lelneiy Of Texas Tills Cor f : ' was brought out. was V put up by t)!e National transit t ompany a Standard Oil sub- 1 ? ^ h John lj Ar < hboid is vice ! ' l:<"; ? ' n Texas was not showing a > ' toward the Standard it *.r. ?VV ,V l);,v on., of the 1 ? i , iraris.t Company. I 1 should buy it 5?; ' aia.i h.-r employe of the stand- I ? " 1 "?'?? 't might be a good . L .. ' " ?' "? Ml . '""'Kei Said, so they *' 1 ' !'?' ' W'?l it was to be Statrd ****** "mounts I ?? gei aati I ayne s tie.* their purchase " 1 ?'Tin.., ,.. In.ve kept no books except * v? ll < *??t S .. . In ula. i w.o.ls it run- t.n just the same for. >ou niirt lias. tl It V" s.dtl Mr Kel lotlg "Y? s " "? -I'd I' t> : ? hn.l reeeived SC.."**) from II.e . ompiiii> !,l. am! had pa.d $lo!toi?> *, ' ' I " priee This was in 1!??;. Ci der 11.? liate of Ileeember ill. 1I**J, one of li.t .. ading .. counts payable oil the N.e ttonal Trai -:i books was the item "Koiger and Payne i%:? Mi Koiger roiitd ?Ot egpla n this Item, he S lid. for the Na (Continuad on Third I'age.) j PRESIDENT'S FRIENDS Effort to Force Him to Be Re publican Nominee | I IF BRYAN iS HIS OPPONENT Compel Democrats to Held Convention First. ROOSEVELT NOT A PAETY To the Scheme. Bat They Think He Is the Gnly One Who Can Beat Bryan. Will the next republican national con vention lie held after the democratic na tional convention? The answer to that n mains in the hands of l?r<'si<!< t.t Roosevelt's friends, and til- r ? is an inside tip that the Roosevelt people are d< tcrm:n< d to force the democrats to hold their convention first. If possible, and they believe they will succeed. The motive for this is declared to be that, ijj case Pryan is nominated, the Roosev. lt people will use every pressure to have the President renominated, de.nplte his re iterated statement that nothing can induce him to accept. The Bryan bogy, it is hinted, is to be used for all it is worth to scare the conservatives of the country into the idea that Roosevelt Is the only man who can d- f> at Bryan, and that as between these two it is the duty of the conserva tives to relinquish their personal opposition to Roos v It and unite in crushing the Nebraska! for the third time. If the re, publieans hold tlielr convention first it may not tie so easy, it ls'thought. to wave the Bryan ! ierey and bring about the nomina tion of th ? Pr sident. Already there ara signs. it is said, that the country is be ginning to accept the President at his word and that strong men will tie si nt to the convention who will not permit themselves to tie swept off their feet by a Roosevelt hurrah This is not to the liking of the Roosev It boomers, and they want the nomination delayed :is long as possible. A Short Campaign. Besides the use that would be made of the Bryan scarecrow. the Roosevelt peop'.e believe that a short campaign would be to tIk ir advantage should they succeed in their p^ins to have the President nomi nated to succeed himself. It is practically certain now prominent democrats declare, that if Roosevelt shou'd accept a nomina tion th? democrats would make the cam paign almost wholly on an anti-third term p.atform. In which the ho: rors of a monar chical govt rnment under Theodore I would be pictured and the people would be aroused as never before with the idea that real dem ocratic government was si pping away. The Roosevelt boomers are sa d to anticipate l this, and that is one of their reasons for wanting a short campaign?in fact, the shortest ever known In this country. Th y fear that Bryan, or whoever is the demo- < cratic leader, might succeed in impressing the country with the cry of the dangers of a third term. If their convention is held early and Roos velt should be nomi nated Bryan would have opportunity to stir the country with his eloquent denun ciations of third term possibilities. lie can talk consistently on this subject, too, in asmuch as when he was first nominated he expressed his belief that no President should hold office longer than one term and promised that he would not seek or accent another nomination should he be elected. Will Control the Committee. Whether President Roosevelt is aware of the schemes being worked by his friends can not be stated. It is at least certain that he will be able to control the republi can national committee, and that he can have the date lor the convention fixed as he personally desires. Six months ago there was a great conspiracy to capture the national c mimitte ? and elect S. nator Pen rose of Pennsylvania chairman. That would have b.~-n an administration set back. as Penrose is not I k d by tie- Presi dent and his !rlends. The w ak-kneed members of the committee who stood ready to join hi the conspiracy have flunked since then ami given the wh lie snap away to the President. There is now no doubt that the administration will control the national committee when it m ets here In D'-cem l*r to select a tim- and place for the next national convention Tin n will be fought out the mi sti n of an < arly or late con vention. The attitude of the Roosevelt peo ple on the committee is a foregone conclu sion, unl-ss the.r program Is hereafter changed. | THE LUSITANIA REPORTED. Ocean Liner Is Making 23.6 Knots Per Hour. ON BOARD STEAMSHIP T.I'SITANIA. September 2.1. 1"> p.m. (by wireless via Cape Race).?At 10 o'clock tonight the I.usitania was approximately in latitude 48.50 north, longitude :tT lo west, l.tiso miles from New York and 1.13.1 miles from Queenstown. She is making 2^i.f> knots j)er hour. The weather is cloudy, the wind easterly and light and the sea heavy. Ql'EENSTOWN. September 26.?Tihe steamer I.usitania. from New York Septem ber 21. communicated by wireless telegraphy with Brow Head, Seventy miles from here, at 3:.Y? p.m. today, put the distance of the steamer from that point could not be ascer tained. A wireless message from the I.usitania received in New York via Cape Race, says that up to noon Tuesday the steamer had run 525 miles This, with the former rut!. :??? miles to noon Sunday and .">21 miles to noon Monday, made her 1.41X miles out. She had gone about 32.2 degrees of longitude, so that her running time was atiout hours lo minutes. Her time of de parture was ti:41 Saturday evening. On these figures up to noon on Tuesday, ship's time, the I.usitania had averaged about 22.4 knots an hour. The message said the si a was smooth. 1.0NDON. September 2'..?Tl p Daily M ill's Bremen correspondent telegraphs that Herr Wiegand. director of the North German I.lovd Steamship Company, says the ieport from New York that his company will build twenty-eight-knot steamers is rubbish. He adds that the company would gladly do it, but such speed in a merchant vessel cannot be attained. The North German I.lovd has enough fast ships for the Immediate fu ture. It does not intend to build any more. World's Radium Supply. GENEVA. September 2?S. ? A newspaper states that Prof. Joly has .completed a geological examination o' specimens of the strata collected from the borings for the Siinplon tunnel, lie found rich traces of radium, indicating larger deposits than any hitherto discovered in Europe. ill- believes that the presence of these deposits caused the abnormal heat ex perienced In building the tunnel, lie pre dicts that continued research will prove the world's supply of radium is greater than was supposed. 1 FRENCH TRAIN WRECK LATEST NEWS DECLAP.ES ONLY ONE SERIOUSLY INJURED. PARIS, September 2G.?Nicholas Martin, agent of the White Star line, who returned here today from Cherbourg, *a} s that Miss F. K. Haskell, the step-daughter of Harry W. Karne, who wa? pinned in the wreck, was the only person seriously Injured as the result of the telescoping yesterday at the mouth of the Breval tunnel near Man tes of the rear coach of the special train from I'aris for Cherbourg. Miss Haskell, who suffered greatiy from shock, was taken on board the Adriatic 011 a stretcher and was placed in the care of the ship's surgeon. The exact nature of her injuries had riot been determined when the steamer sailed. SHOT THROUGH GOTHAM SEWER. Says He Had Not Time to Look at the Scenery. NEW YORK, September 2<>.?John Hoff man, fifty-Jive years old, an employe in the bureau of sewers, was dropped into a tive foot sewer in 3d avenue, near 128th street, owing to the breaking of a rope, and shot through the sewer to its terminus at Har lem river and 131st street. That he came out alive is considered remarkable. With several other employes Hoffman was at work repairing the main sewer. They had almost finished their labors, when a heavy rainstorm started. Hoffman was down in the hole about four feet above the swiftly flowing water. Around his waist was a rope which was held by the men In the street above. As the water poured Into the various sewers leading into the main pipe the water rose higher and the rope broke, and Hoffman fell into the water. His feliow-workmen immediately dashed up the avenue to 131st street, where the sewer runs into the Harlem river. Just as they reached tho spot, Hoffman shot out into the river. He landed near a boathouse float, swam to it and held on until a po liceman and workman rescued him. After being given dry clothes he went home. lie told the po. iceman that he went through the sewer so fast l.e "didn't have time to look at the scenery." SULZER'S EXCITING TRIP. New York Representative Tells of Re markable Cruise. Special Dispatch to The Star. SEATTLE, Wash., September 2<!.?After cruising for three days among the ice tloes off the coast of Siberia near ( ape S. idz ? in a gasoline boat in danger of being crushed at almost any minute. Representative Wil liam Snlzer of New York lias got back with a story full of exciting experiences. He says that he and his three companions owe their lives to tiie sagacity of an Eskimo whom they took along as a guide. Inci dentally. he says, he learned a good deal of arctic lore in those three days. When finally, a rift in the grinding polar pack showed them the way to clear water lie felt much better. "We crossed Bering straits in a gasoline boat owned by two fur traders," said Mr. Sulzer, "and visited a number of Eskimo villages above East Cape. Aside from the two traders, a friend of mine and an Eskimo guide named Sigussa were in the boat and we had easy sailing, stopping at intervals to see the tribe villages until we reached Cape Serdze. We anchored off a windward shore on September 1 and pre pared to spend the night lying periiaps ten miles to seaward. That night the Ice came in. and for three days we had to light our way out through the pack." 2ELIE DE LUSSAN MARRIED. Wedded to Angelo Fronani, Who Re sided Here at One Time. Special Cablegram to The Star. I.ONDON. September 20.-It is just an nounced that the American opera singer, Zelie de Lussan, was married in London September 11, to a piano player named Angelo Fronani. He is the son of Emanuel I* ronani, who is in the diplomatic service **t Washington. The couple sailed yester day for New York on the Adriatic. The bride is very well known in New * ?rk and Washington; she sang for about twenty years in the former city. She is about f >rty-ilve years of age. The groom formerly res'd.-d in this city and for some years taught piano lessons. He traveled I tor s?m? years as manager for De l.ussan and is about thirty years of age. NOTICE. The price of this paper at NEWSSTANDS and from NEWSBOYS is TWO CENTS. There has been no change of any kind in the price of the paper to newsboys, and readers should pay no more than the printed price. SHARES TRACTION PROFITS. First Official Statement of Operations of Chicago's Settlement Ordinance. CHICAGO, September 26.?The city's share of the net profits of the Chicago City Railway Company for the first six months ending July 31 will be J27N.21N. This information was given yesterday in the first official statement of the financial results of the operation of the traction set tlement ordinance made by President Mit ten of the railway comrany in a letter to John A. Spor. chairman of the executive committee of directors. The report shows that the total net prof its for the period is |50:!,550, and the com pany's share is $225,348. These figures are based on the city getting 55 per cent and the company getting 45 per cent of the net j profits, as provided in the ordinance. During the political canvass prior to the election of April 3 last, at which the trac tion settlement ordinances were indorsed, the cry was heard that "net profits" under the ordinance would be "nil profits"?that the companies would see to It that no prof its were shown. Mr. Mitten's letter, a copj of which has been sent to Mayor Busse and City Con troller Wilson, shows that the net profits to the city from the operation of the Chi cago city railway ordinance alone will he nearly a year. With the Union Traction lines?earning 2D to 25 per cent more than the Chicago City lines?yet to be brought Into the accounting system, it is conservatively estimated that the c.ty will have at least $1,300,000 a year from the net profit division. SECRETARY GARFIELD RETUBNS. No Business of Special Importance Awaiting Attention. Secretary Garfield of the Department of the Interior arrived in Washington this morning from Mentor, Ohio, and was at his desk lie fore 10 o'clock. Mr. Garfield lias spent the summer in a tour of the west and northwest looking into the a/fairs of the department in its various branches, and for the past month has been with his family at Mentor. The Secretary said that he had enjoyed liis summer immensely, and was all ready for work. To a reporter from The Star Mr. Garfield said that no especial business was awaiting his attention beyond the rou tine of departmental work, and that his chief endeavor at present was to get his desk cleared. During the morning the heads of the various bureaus of the department called to pay their respects to their chief. The Secretary lias divided in favor of the state of Washington the case of that state against a large number of settlers involv ing about 50,(100 acres of valuable land. There were several classes of claimants, but the Secretary held against all except those who had settled on their lands before the state's selections were made. Judge Parker, Mr. Garfield's secretary, who lias been on leave, is also back. Judge Crothers Reported Better. ELKTON, Md.. September 2d.?Judge Crothers is reported to have rested easy last night. His temperature during yester day ranged between 101.4 and 102 degrees. He has rest -d well and seems much im proved. His temperature at midnight last night was 102 degrees. MR ROOT'S DEPARTURE WHY HE LEFT BEFORE THE PRESIDENT'S RETURN. Secretary Hoot leTt tills city yesterday afternoon on his official visit to Mexico as the guest of President Diaz. He was ac companied by Mrs. Root, Miss Root, two servants and Mr. Perctval Ga?=sett of the Department of State, who will act as pri vate secretary ami interpreter. The party occupied the private car Signet, which was attached to the regular 3:40 train of the Pennsylvania road. The Secretary's first stop will bo at San Antonio Saturday morning. There lie will be given a reception by local clubs and the Governor of Texas. Sunday morning the party will proceed to Laredo, where they will be met by the Mexican reception com mittee. headed by Gen I.imantour. and will depart immediately for the City of Mex'co, arriving there on the evening of September 30. In explanation of the failure of Secretary Root to await the return of President Ro.isevelt to the National capital before starting on bis trip to Mexico, it is stated that he had previously conferred fully with the President at Oyster Bay in regard to the subject of ills public utterances in the Mexican republic, and that his railroad schedule in tile United States and Mexico precluded any delay in his departure from this city. LUCKY TRAIN ENGINEER Receives Check for $10,000 for Saving Chicago Woman's Life. CHICAGO, Septemlier UiS.? A Tribune spe cial from Kendall, Wis., says: John Franklyn, a Northwestern engineer, running between nere and Sparta, has re ceived a check for with a promise of another for having saved the life of a worn un at Devils lake a few weeks ago. Franklyn with his wife was spending a few dajH at the lake. At the same time William Peterson, a wta'thy Chicago man, with his wife, daughter and Miss Jenkins, a sister-in-law, also was encamped at the lake. One morning while out in a boat tiie girl and Miss Jenkins rowed over to a spring to get a drink. As Miss Jenkins at tempted to get back into the boat she slip ped. failing into the water. The impact drove the crait from shore, and, althougn she managed to get hold of the boat, sue could not draw herself from the water. Fianklyn rescued her just as her strength was about failing her. Miss Jrnkins was one of the few who es caped from tlie Iroquois Theater holocau-t in Chicago, and says the fears she is to die a violent death. POLITICS IN RUSSIA. Constitutional Democrats to Emerge From Position of Outlawry. Special Cablegram to The Star. ST. PETERSBURG, September 26.?By far the most important event of the con stitutional struggle since the dissolution of the duma is the decision of the constitu tional democrats to support the candidacy of Count Orloft Davydoft for membership in the duma from St. Petersburg. The decision means that the constitu tional democrats will be able to emerge from the position of outlawry to which they have been confined since the issuance of the Viborg manifesto fifteen months ago. Count Davydoff Is the bead of one of the foremost of Russia s great land-owning families. Alexander III frequently visited ills father, and the present czar as fre quently visited him. Davydoft gave 1,000.000 rubles toward the habilitation of the navy after the dis asters of the Japarese war, but he saw that the expenditure of the money was placed beyond the reach of the regular ad miralty committees. WANTED IN RICHMOND. Police Asked to Look for Two Rail road Employes. RICHMOND, September 2?.?The police of Washington and Baltimore have been asked to keep a lookout for J. G. Dono van, a telegraph operator, and John Fos ter. a railroad clerk, both of whom aro wanted In this cltv. The young men were at one time employed by the Chesapeake and Ohio road and lost their places. They went to a roundhouse and broke s.?vfr?>.; engine lamps and did other damage whlrh amounted to more than a hundred dollars. They were arrested and recognized by a magistrate for their appearance in court. They left the city and when last heard from were in Washington and on their way to Baltimore. Message Received by New York Newspaper in Advance. NO MEETING OF MERCHANTS As Was Stated in the Dispatch Known in Havana. DISCREDITED BY WAR DEPT. Agitation Because of Failure of Cer tain Class to Receive Recognition. Gen. Barry's Dispatch. NEW YORK. September 2ft?Cuban con spirators. whose plot to overthrow th.? pro visional government has been thwarted by Gov. Magoon, In Havana, attempted appar ently to use the World to further their de sign. An unsigned cable of 1S2 words was re ceived by the newspaper several hours be fore the news or the plot became public, stating that a meeting of p-ominent mer chants of Havana had been held Monday night and a resolution had been adopted to Inform the world of the true state of Cuban affairs. The message then said that there would be a general uprising today and to morrow. In language of alarm the message told of credit impaired, property In danger and a general anarchistic demonstration to follow, all for the purpose of "causing an embar rassing situation at Washington." It added that If "American troops shed Cuban blood a general uprising and open war against Americans will be Inevitable." Revolutionary leaders, the cable stated, were known to have taken to the Interior arms and ammunition and macl.fiv- guns which had never been turned over to the provisional government. "Give this the widest publicity; possibly save situation," the dispatch concluded. Inquiry as to the Identity of the send t of the message disclosed that it was "Mer chants' Association, .'10 Seulueta street." The dispatch bore evidence of having been prepared by an experienced cable corre spondent, but Investigation showed there Is no such organization In Havana as the "Merchants' Association." The address given is that of the conservative and ex clusive Cnion Club, and no knowledge of a meeting of merchants of any sort in Ha vana could be learned. Discredited at War Department. War Department officials discredit the probability of any uprising against the pro visional government in Cuba. It Is true they say that agitation among certain mem bers of the colored population because of their failure to receive a proper share of the offices is rampant. The colored popu lation compose !NJ per cent of the people who oppos d Palma's government, and they claim they are not being fairly treated. A continuation of this agitation, it is admit ted. might have the effect of causing some of the more desperate malcontents to at tempt uprisings against the existing gov ernment in isolated places. But that pos sibility gives the offieia s here no concern, as they say Gov. Magoon is on the alert, and tiiat anything like an insurrection will be nipped in the bud. Gen. Oliver, acting Secretary of War, went over to the White House early this morning to see the President, but he did not regard the stories of a Cuban revolt of sufficient importance to bring it to the at tention of the Chief Executive. Gov. Magoon's views of the situation are practically in accord with the reports told in the prfss dispatches last night. He Is keeping the War Department fully advised of the condition of affairs, and is consult ing freely with Gen. Harry and other mili tary officers in command of the army of Cuban pacification. His dispatches for prudential reasons are not made public. The agitation has ap peared in Havana province, us well as in the province of Pinar del Rio, In the latter province being confined to the lawless class, mainly negroes. In a large measure the governor is disposed to treat the whole matter as of no serious consequence, as the leaders of the last revolution are ac tively opposing the present agitation, and the rumors of attempted uprisings are gen erally unfounded. Gov. Magoon is dis posed to treat the whole matter as a re vival largely of old roorbacks, which make their appearance front time to time. In his dispatches the governor has made some reference to Moso Parra, and apparently shares with the newspaper correspondents the belief that he is to a large extent re sponsible for the reported movement. Gov. Magoon has reported that private and offi cial advices from Santiago, Puerto Prineipc, Santa Clara and Matanzas provinces indi cate absolute tranquillity there. Gen. Barry's Dispatch. During the day the following cable mes sage was received at the War Department from Gen. liarry, commanding the army of Cuban pacification, dated Havana, Septem ber 2ti: "Referring to newspaper accounts of agi tation in Cuba, have been alive to situation for some days, though nothing has devel oped worthy 01 reporting. Ali intelligence officers and station commanders hav ? been alert and have reported everything con cerning it. Daily r *ports from them show tranquillity 111 all provinces except Pinar d< 1 Rio. where there is some slignt agita tion among lawless class, mainly negroes. Am satisfied any situation which may arise will Ik." promptly and succes.-Iully linn ilea. In some official quarters in this city the impression prevails that the present politi cal agitation in Cuba is oacked and financed by certain interests desirous of forcing the Lulled States to annex the island republic. MISSISSIPPI FLOOD HIGH. May Interfere With the President's Sightseeing. LACROSSE, Wis.. September 2<i.?Recent heavy rains, which have caused a rise of four feet in the channel, will Interfere with the inspection of the upper river by the in land waterways commission. The commission will leave St. I'aul to morrow and will Join the President at Keo kuk. All along the upper river from St. Paul to Keokuk nearly every dam and piece of Improvement work done by the government in recent years is under water. The river now has the appearance of having a good channel almost from shore to shore, when, in fact, innumeiabie wing dams stretch out into the river, almost touching the boat's hull beneatfi the water in many points. Secretary Moseley Improving. A letter was received from Secretary Moseley today at the interstate commerce commission which was filled with n assur ing Indications that the father of the rail road safety appliances law is rapidly re covering bis usual vigorous health. Mr. Moseley stated that by permission of his doctor he spent considerable tin ? on his iron! veranda yesterday, and that he was getting along all right. W eather. Fair tonight : C\po<od p!.'l<V?. sliijhtV ujrnu ? ' al.1v in "ft Tomorrow i.ut| UPTON CHALLENGE COLDLY DECLINED New York Yacht Club Shirks Another Race. SIR THOMAS IS SNUBBED Millionaires All Talk. But None of Them Contribute. SOME OF THE EXCUSES GIVEN Decision of the C.ub a Surprise to Out eiders?M.:.y Be a Seq;:el Sood. . LONDON September 2?l Sir Thomas Upton. although bitterly dis appointed at t!:?1 failure of tie X*? w York Yacht Club to accept Ms ? .'al longe, today authorized the Asso ciated Press to announce that !>?? was prepared to challenge with 11 nim-'.y foot boat, under the new New York Yacht Club ru!> . NK\V YORK, September 2?.?H} an n'niost unanimous vote I :-t night the N w YorlC Yacl'.t Club declined tle> fourth challenge of Sir Thomas Lipt'n for an International yai lit race to take | lace In American waters In October, l'.Hfri. The salient reason pi von for thl? refusal was that the baronet had failed to name any dimensions for the competing Rnglish yacht. This Is contrary to the cor..I lions of th-^ deed of gift of the America's < up. the trophy wihich Sir Thomas has thrice striven vainly to win. Another reason wns that the club will not race with smaller yachts than ninety footers. The meeting las'od only thirty minutes^ and whil" the member* cheered at the close It wns i lain they f. It anything but < heery. J. 1'lerpont Morgan and C. Oliver i ? lln and ottu rs who have t ik^ n part in prtvioM cup races were pre&cnt. Surprise ar.d Disappointment. T>he outcom" will be a vast surprise nnd a keen disappointment to many who have look d forward confidently to an accept ance of Sir Thomas' challenge under the new rules. So insistent had he been that >'.? se new rules govern future yacht races that it was deemed a foregone conclusion that his chal lenge would adhere strictly to the lines laid down at the International conference Ira London in January. 1906. The meeting of the club was in Mie model room of the new clubhouse in West 44th street. There were forty-six pres. nt. In cluding forty yacht owners, when < ornellua Vanrteibilt. commodore of the club, called the meeting to order. As Secretary George A. Cormack read the challenge the mentions listened intently to every word. When he ended, a silence that could have been measured by Ave seconds succeeded, to be broken .by murmurs of dis appointment and annoyance, and then the buzz of excited converse. Sir T.homas, Instead of adhering to the ninety-foot class, had challenged for a fourth race with sixty-eight raters?that 1st yachts measuring seventy-five feet on the water line. He proposed In Ills challenge to build two boats and to bring the faster of the two to this country to race against % similarly built craft, without time allow ance. Lipton Avoided Dimensions. Pevond stating that the competing boats would be sixty-eight-raters, the baronet hail not named a single dimension. He had In sisted that they l>e bu'.lt under the new rules, which would mean that thev must ho cruising as well as racing yachts. His chal lenge made this one point clear?that ha would not undertake another race with rac ing machines and undertake to construct one that could bear the brunt of a trans atlantic voyage und then compete for the cup. From the first it seemed a foregone con clusion that the challenge would be defeat ed, and when, after a brief discussion, tha matter came to a vote, yacht owners, who alone of the membership had the power of decision, quickly declined the challenge. That the members, and especially tho yacht owners, wen* disappointed and Irri tated by the terms of the challenge was evident when tliey left '.lie meeting room. Most of the yacht owners went away in silence, but one of them, who declined to allow Ms name to be used, prophesied that no race w*ould be possible, . yen ir l.ipton s"iit a modified challenge along t: ? same lines. It was said last night t! at t yacht OW lie 1 S of the cilia would no! eo ? -lit to a rue- under the new rules, but would insist O.I the right to be unrest -ci I as to the dimensions of the yacht to defend the cup This would mean that they wilt held to the old riles that allow r.i? inn ma chin: s of which the Reliance, th? last cup deft nd r. is an extr. me type, to be used. A History of tlie Rules. As a matter of fact the New York \ aclit Club is not bound by any of ' i." rules made, either by the committee appointed at the Atlantic coast conference In IiX?a. nor the triple committee at lhe interna tional conference In London In January, litt*;. The club at first accepted tiie rules .if the American committee, adopted by many American yaclit c'.ubs. thai ra ing yachts be built on cruising lin. s id that t;ie scantling measurement which should insure stability prevail i:i their construc tion. Later the New York Yacht Club re pudiated these rules though Lewis C.iss Led yard, one of J Plerpont Morgan's handy legal aids, who lias been irr> ver.-ntly referred to by yachtsmen as a "sea. law yer," urged that they he retained Hence the club last night was In a posi tion to decline to race under the lew rubs, and it was freely sa'd that when Sir Thomas gets Ills answ er it will b ? made clear that no chal'enge that does not in volve a race with niiit ty-footers w 11 It 1 ac ceptable. It was said, too. that it would be pointed out to the baronet that the Hnc. lish first began to build want is ternv d tl.o "freak type" of racing yacht and that tl.o Am-rica's cup wis won under tin se edi tions. The conclusion will b * that it Is fair that it should b ? recovered hy an Kng lish yacht under th ? same conditions. CALLS FOR A SHOW DOWN. k Millionaires May Be Forced to Defline Their Position. NI'.W YORK. Septenthet Y i tsm-ri here in discussing the rejection of Sir Thomas Lipton's latest challenge for the America's cup think that in nominating a boat to rate in the sixty-eight-foot class - that is to say. a class smaller than th-> one which has hitherto always prevailsd In races for th" Am ilea's 'Uj, mil In not complying with Uie deed of Kilt with lis