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Evening star. [volume] (Washington, D.C.) 1854-1972, December 08, 1908, Image 1

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Fined $10,000 and Sentenced
to Prison for Two Years.
Shorter Term of Imprisonment and
$1,000 Fine.
Convicted of Conspiracy to Defraud
the Government of Land in
Western States.
Frederick A. Hyde of San Francisco
wae today sentenced by Justice Stafford
in Criminal Court, No. 1. to pay a fine
of $10,000 and to serve a term of two
years in the penitentiary at Moundsvllle.
W. Va. The sentence is the maximum
nenaltv nro\-idert hv the law for a con
.- piracy to defraud the United States, of
which Hyde was convicted last June,
after a trial lasting: three months and
costing the government more than
$100,000. The conspiracy was to acquire
title to large tracts of government land
in the states of Oregon and Washington
-in an illegal manner.
Joost H. Schneider, an employe of
Hyde, also convicted of the same offense,
was sentenced to serve one year and two
months in the same penal institution, and
to pay a 'fine of $1,000.
Appeals to the District Court of Appeals
were made by both men. and they
were released on bail pending the action
of the appellate court. Hyde gave bail
in the sum of $20,000 and Schneider
$10,000, the United Surety Company of
Baltimore vqualifying as surety on the
Leniency Asked for Schneider.
When Criminal Court No. 1 was convened
this morning Justice Stafford, who
had presided at the trial last spring, took
the plaee of Justice Gould on the bench.
He promptly announced that the court
would overrule the' motion of the defendants
to stay the Judgment and sentence.
'He then Inquired if.counsel desired to
make any remarks. Attorney A. S. Worthington
declared he had nothing.to say on
behalf of Hyde, but Attorney R. Golden
Donaldson made a plea for leniency for
HahUiJldar.. He declared that Schneider,
a a an employe, had acted under orders,
and did not participate in the profits of
the enterprise. 'Schneider, he said, has a
wife and three children dependent upon
htm. .... ...
Assistant Attorney General A. B. Pugh,
who has bad charge of the prosecution,
suggested to the court that the maximum
penalty was wholly incommensurate with
the crime, and declared the government
believed Schneider equally guilty with
Hyde, and alike deserving of the maximum
Justice Stafford Discusses Offenses.
After the two men had been called on
and had declared they had nothing further
to say why the sentence of the law
should not be pronounced, Justice Stafford
'The charge against these men was
i hat they had conspired together to deraud
the United States out of the title
10 a large tract of land hy various dishonest
practices. The defendant, Hyde,
must he regarded as the principal, and
Schneider as his assistant. Mr. Hyde
v.ay a man of considerable wealth, of
more than ordinary business ability, of
high standing in the community, holding
various offices of trust and positions of
< omraercial responsibility, prominent in
the social life of his city, and looked
upon in many respects as a leader. ,
"The defendant Schneider was employed
by Mr. Hyde in other business matters
for many years. His part was a
subordinate one and his position less
"Tite court has been urged to somewhat
lighten the maximum penalty by
reason of the high standing of the defendant.
but the court is compelled to
think that the fact-should operate quite
as strongly against the defendant as in
his favor, inasmuch as the evil example
set was all the more potent and pernicious
by reason of his high position and
nasmuch as his ability to recognize what
was true and right and to appreciate
his duty to his fellows and the government
was greater than that of the ordinary
offender. This court lias pronounced
sentences larger than the largest
provided for by the section now before it
tor the offenses against the law which
would appear almost trivial when set
beside these offenses."
Sentences Imposed.
The court then declared that Hyde
should have the extreme penalty of the
law as the master spirit in the illegal
enterprise. Referring then to Schneider
and to the plea of his attorney for leniency
on behalf of his wife and children,
Justice Stafford said:
"It is probably true in this case, as in
many which come up for sentence, that
the unhappiness and suffering will fall in
a larger measure upon others than the de
fondants and upon those who are wholly
innocent, but to let that come between
the lawbreaker and liis punishment is to
pvit it in his power to save himself In
almost every case. The true reflection is
that the misery Is not the consequence of
the sentence, but the consequence of the
defendant's act which made the sentence
"In the case before us we must treat
the maximum penalty provided for this
offense as adequate punishment for the
grossest cases. Accepting that premise, it
would l>e manifestly unjust to impose
upon Schneider a sentence as severe as
upon Hyde. To do so would be to say
that a man of foreign birth, of limited
education, of a comparatively narrowrange
of intellect, led on to the unlawful
work by his employer, who was to reap
the harvest of wrongdoing, should be
punished equally with one born and
1 eared in an American community, well
educated, surrounded by all the best in
ttuences and lifted by the good opinion of
his fellows to positions of honor and responsibility
and who was the master
spirit of the unlawful enterprise."
Asks President to Hold Up Awhile.
ANACONDA. Mont., December 8.?President
Roosevelt in a resolution by the city
council last night is asked to await Federal
Judge W. If. Hunts decision In the
"smoke cases." In which are involved the
merits of the claims for damage alleged
to have been sustained by vegetation as
the resu t of smelter fumes from the Anaconda
plant, before he takes action looking
to the enjoining of further operations
-* ?? * plant. . .. .
American Troops Will Begin to
Leave About January 1.
I i
Withdrawal May Take Until Middle
of April.
j Question Discussed by the Presi-1 j
dent's Cabinet?Moving Pictures
at White House.
As a result of the deliberations of the j
President's cabinet today it was an-1
nounced by Secretary Wright this after- j
noon that a change has been made in the i
plan for the withdrawal of United States j
troops from Cuba. It was originally
planned that the movement should begin
| January 1 and be entirely completed by
January 28, the date set for the re-es- j
tablishment of the Cuban republic.
As now changed the movement will be
made more slowly. Although the first
troops for home'will embark about the
1st of January, it is not likely that the
entire command will be withdrawn be- j
fAf/i c# 4 rwS 1 T ^1 a<" I
*.vi hip iiiiuuic ui iiiDH au ui
having three army transports engaged
in the movement, but one will be employed,
making regular trips to and from
the island.
No official explanation is given for
the change in plan beyond the statement
that it is deemed best to have the
troops remain in Cuba while the nev.
government is in course of establishment
and for a short time thereafter
in order to be available for any service
required of them. The postpone- ;
ment in the date of the final evacua- j ?
tion is said to be entirely agreeable to
the principal officials of the incoming Ul|
Cuban administration.
One of the squadrons of either the
Uth or the 15th Regiment of cavalry,
now in Cuba, will take station at Fort CO
Myer, Va. It will replace the squadron
of the 13th Cavalry now at the nearby
Virginia post, which is under orders to
start for the Philippines about the 1st
of March. Tjr
The question of removing the troops has
been under discussion for a week or more.
Gov. Magoon having come on here to arrange
that and other details of the winding
up of the work of the provisional gbvernment.
Gov. Magoon saw the President
before the cabinet meeting today, having T
previously conferred with Secretary
Gov. Magoon will attend the reception sta
to be given 4o Mr. Taft tonight, and in a ral
day or so he will leave for Cuba to close ?0i
up his work, which is well in hand. j^.
Moving Pictures of Wolf Hunt. nf.f
A large number of p-rsonal friends of nia
President Roosevelt wl!l tonight witness jjh
a moving picture exhibition of wolf hunt- ^
ing In Oklahoma by John Abernathy, the ne(
famous wolf hunter of that section and tlu
United States marshal of the state. TTie j
President saw the exhibition one night ^
last week and thought it was so good that
he arranged for a repetition tonight, and ral
will have as his guests a half hundred lot
personal friends. The pictures illustrate au:
the work of Abernathy in desperate con- co'
tests with fierce wolves. In which he conquers
them with naked hands and witn- 1
out aid of deadly weapons. The Presi- of
i dent first saw Abernathy capture and kill pu;
j wolves some years ago when he went :
! west to hunt. Abernathy was his guide, i ,
and interested him more than any man he j
had hunted with in years. He was so mi:
pleased with Abernathy that he made : Sul
him a United States marshal in Oklahoma.
On one of his recent wolf hunts, in
which he killed the animals by forcing .
open and breaking their jaws with his "
hands, Abernathy took with him an outfit
for procuring pictures and the outcome j
was abrut 0,000 feet of moving picture
films showing the whole contest in detail.
I The exhibition will take place in the J?a
j east room, where a canvas will be put up j
and seats placed for the visitors. :
I 1 IlCi
The Day's Visitors. '
Before the cabinet met today President j
I Roosevelt saw numerous visitors. Hepresentative
f>alzell talked with him about sta
J the appraisership of merchandise in i'itts- pe;
' burg, which is about to be rilled by an ;>p- a/f
nitintinAnt ?ir,t i1 tiu ^ r . I'll
*. ?1VV ? V HIV IKVIII^ U L III*- 1'1'tlS- ^ J,
burg representative. Senator Dolliver con- ,.01
I ferred with the President a short time, coi
and other visitors included Senator Hop- 0.11
kins and Representative Graff of Illinois,
Representatives Calder and Foelker. r,f
Brooklyn; Senator Talllaferro of Florida,
with a number of friends; Senator Milton
of Florida, with Gov. Broward of that t
state and others; Representative Cooper str
of Wisconsin; Representative Jones of th?
Washington, who will succeed Senator mf
Ankeny of that state; Representative ;.
Green of Massachusetts; Senator Curtis 1
of Kansas, with Judge R. II. Hayden of lnl
Topeka: Senator Warner of Missouri. \vl
Representative Ransdeli of Louisiana tlx
saw the President and arranged with him lo
| to receive the delegates to the Rivers
' and Harbors Congress Friday afternoon
at 11:30 o'clock. i tlu
Postmaster Harris to Bemain.
The probability is that W. Hail Harris, ? .'t
i postmaster at Baltimore, will be nonii- oir
! nated for another four years. He is re- it
la ted to Attorney General Bonaparte, who
desires his renominution. Representative|
elect Kronmiller of the third Maryland t.*
district Is seeking the nomination of an- of
j other man. Postmaster General Meyer t,u
feels inclined to recommend Postmaster <>(,j
Harris for another term, saying that the
postmaster has made an acceptable and go
efficient officer. President Roosevelt will
doubtless follow the recommendation of,
the Postmaster General. Co
i The President today sent to the Senate
I the nomination of Daniel Randall to be ! ,
postmaster at Annapolis. The filling of 1
| the office lias been held up for eight Im
| months, and in that time a large crop ol Va
i candidates has appeared.
I Among the nominations sent to the SenI
ate today were the members of the board BU'
j of cliildren'a guardians for the District of res
I Columbia. They were as follows: George | lo,
I E. Hamilton. Myer Cohen and George W. | n,i
j Cook. i 8U|
. !
, Post Office Department Changes, j ti0
j An order has been signed by Postmaster j Ch
j General Meyer appointing Thomas l<\ Sut- J"'8
i livan of Massachusetts a clerk at S'.M)
J per annum in the office of the fourth as;
slstant postmaster general; and proniot- j or
j ing H. D. l^awehe of Indiana, a elerk tn . |j.'the
office of the th rd assistant postrr.as-!
t ter general, from $1 .< >?> to Sl.'JMU per an- ! wi
> num. effective De-ember 10W. J t>u
\ 'V v \\,
ge Congress to Give Regulation of
Local Railways, Lights and
Telephone Companies.
'hat the District Commissioners are
lous of the jurisdiction of the Interte
commerce commission over the local
lway questions and propose to urge
ogress to transfer it, together with the
Jtrict electric railway commission, if
?ds be, to them, developed in 9. remark
,de by a prominent member of one of
>se bodies today, who hastily added
it his name was not to be used -in conition
with any newspaper discussion of
5 subject.
t is well known that the District Oomssloners
are fully in sympathy with the
iduai improvements being made in the
lway system through the efforts of the
erstate commerce commission and its
siliary, the District electric railway
Transfer Urged.
'he paragraph from the annual report
the District Commissioners, which was
biished in yesterday's Star, and which ;
res that tiie Commissioners be clothed
:h the powers of a public service comssion
is the first open move upon the
'he repoit says with reference to the
lway situation:
'While the Commissioners recognize
it the District st eet railway eommls-.
n, compos d of three citizens of the
<trict. appointed by the interstate comrce
commission to aid in the execution
the duty Imposed upon the interstate
nmeroe commission by Congress, at. the
t session, with respect to t he regulan
of the street 19! I ways of the District
Columbia, lias done a valuable and ef- !
service, resulting in Improvement, j
CiuiiniiSslcners believe thai this is aj
ietly municipal function which ought
b? performed by the municipal govern- !
nt. There. is 110 reason wli> the inter-j
1 to luirmnpiv-^ comnilssiiiin siinnlil hp I
[-forming this function, even with 'he
I of District citizens, who give their
io frc iy for that purpose. The two
eet railway systems, the two gaslight
upanies, Hie electric light and power
npany and the telephone company
ght to he under the' sup trvision of the
mmissioners. and the lecommendation !
legislation for this purpose is earnestly I
tewed." . I
Opposition to a Change.
)n the other hand there are those who
ongly contend for the continuance of
; jurisdiction of the interstate rom rce
comipission, maintaining that as a
iicial body- with no predominant local
erest, and- yet thoroughly conversant
Ih the details of railway management,
1 citizens of Washington have more
hope for from it than from the Comssioners,
whose influence some declare
ps not carry the weight carried by
it of the commission. Members of the
erstate commerce commission have freently
declared that their duties are al?dy
numerous and laborious, and wltht
employing their auxiliary commission
would be almost, impossible for them
properly and effectively deal with the
al railway situation. Already it is unrstood
that energetic missionary work
being done in behalf of the transier
jurisdiction to the Commissioners, and
railways themselves are not Idle In j
tleavoring to takp advantage of the j
iidition of affairs presented.
j .
mmissioner Leupp Bepoits That
Seven Are No Longer Needed.
'here are a number of non-reservation
iian schools which are no longer of
luc to the Indian service, according to
1 report of Indian Commissioner Leupp,
Emitted to Congress yesterday. As the
mlt of an attempt at the* last session
auuiiMi me; v uj untc ncn*'Ul Hit? UUUIssloner
was directed to investigate the
is a result o; that inquiry lie has de nilned
that the schools at Grand Junc11
and Kort Lewis. Col.: Genoa. Neb.;
ilQoco. Okla.; Chamberlain. S. D.; MorMinn.,
and Carson. Nev.. are no
ijter necessary to the Indian service
d are available for transfer to the
ito authorities for educational purposes
for reformatories, hospitals or like pub-1
rhe commissioner lais communicated
th the governors of the stales In which i
p.-e schools are located.
To Have Its First House Inning
CICTCCW Oil I O All Ullin
nriccjv DIL.L.O uiv nwnu
Chairman Smith Sees Good Chance
for Legislation.
Mr. Smith Likely to Take Charg-e in
Absence of Mr. Cary. the
The District of Columbia, which was I
so much neglected at the last session
of Congress that it didn't have its regular
day in the House from March 23 to May
30, the date of adjournment, will have
its first inning of the present session
next Monday. * The District committee
will meet day after tomorrow for the
first time, but probably will add no bills
to the fifteen now on the calendar and
left over from last session.
Chairman Smith expects to get all fifteen
of. these measures before the House
and disposed of, which he can do in the
event that no fight develops on one or
more'of them. But as several of the i
bills are of more than ordinary interest j
and importance, it would seem, judging j
from previous - performances, that even
if the entire session of the House next j
Monday is devoted to District business,
that it is too much to expect that the !
local calendar will be swept clean. 1
Status of the Gas Bill.
Representative Cary of "Wisconsin, j
author of the bill to reduce the price of J
gas to the consumer in the District to PO j
cents a thousand cubic feet, is not in the
city, and may not be here this session.
Chairman Smith received word the other
day that Mr. Cary had suffered an attack
Df nervous prostration, and had been
taken to a sanatorium. Mr. Smith lias
| decided, in view of thin fact, either to put
i the Cary bill in the hands of some other
l member of the committee or else take
care of it himself on the floor next Monday.
Two committee amendments to the Cary
bill tix January 1. lPOO. a? the time when
the tpaximum rate of i?u cents shall go
Into effect. But this date was set at the
report, of the bill to the House Dst session.
and in the event of its passage Mors,
day this limit probably will he extended
until next July or thereabouts. Another
committee amendment guards against
any deterioration of the quality of the
gas to be furnished at the reduced rate.
There are several members of the District
committee who believe that the conij
mittee took snap judgment in fixing the
maximum rate of gas at !>b cents. They
do not pretend to say that this price iij j
either too low or too high but they, in- j
sist that if It happens to be correct then i
it is the result of an accident.
Public clamor was respons'ble for the j
report of the bill, they say, after brief
hearings, not more than four hours long '
in all. at which two eas ex certs an- i
peared to testify with respect to "a reu- j
soiiable price." However, these members.j
are prepared to stand by tlio committee
guns. and follow up their action of last !
session, believing in their hearts thai 1
although the price of gas as fixed by i
them may not be absolutely correct or;
fair to both producer or consumer, in any j
event, it is not too low.
The Stock Inflation Clause.
Another bill affecting the gas company,
which Mr. Smith expects to call up Monday.
is that for the repeal of the stock
inflation clause of the gas act of Ju-ne 6,
1MW. Mr. Campbell has charge of th's
bill and said this morning that he would
ipush it next Monday.
"The repeal of this act.'' he said today, ;
"will take nothing away front the com- 1
parties or their stockholders, because they 1
can still distribute their surplus earn-1
ing as dividends. Section 5 can be now
repealed without injury to any one. be- .
cause no right has become vested by any
I judgment or decree." * '
Mr. Campbell is also in charge of the
[bill for the prohibition of bucket shopi
ping and the abolition of bucket shops.
The other measure* which Mr. Smith
1 V
^ ^~
hopes to get action on next Monday are:
H. R. 20247. amending the employment
agency act. in charge of Representative
Taylor of Ohio:
H. R. 16066. providing for the payment
of an annual license tax by dealers In
manufactured tobacco, in charge of Representative
Taylor of Ohio:
II. R. 16977. providing for a course of
free evening lectures in some of the pubI
lie school buildings, in charge of Representative
Oleott of New York. (A bill
similar to this was recommended by the
District committee in the Fifty-ninth
Congress and passed the House, but failed
to go through the Senate.
Elimination of Grade Crossings.
H. R. 15488. amending an act for the
elimination of grade crossings on the line
of the Baltimore and Potomac railroad,
which is in charge of Representative J.
ilampton Moore of Pennsylvania.
H. R. 1320=!. providing for the extension
of 19th street from Belmont road to Biltmore
street, which is in charge of Representative
McMillan of New York.
H. R. 12899. providing for a disbursing
officer for the Government Hospital for
4 VA T nnr. nn t > ..Boorro C, 0 D An?AaA*\tott CO
liir iiicaiir, ill ? ncti ui ivi yirociuaini/
Olcott of New York, who a couple of
years ago was chairman of the special
committee which made ail exhaustive investigation
of the affairs of St. Elizabet
H. II. 12808. having to do with proceedings
for admission to the Government
Hospital for the Insane, in charge of
Representative Olcott.
H. R. 552," changing thai section of the
code relating to the salaries of the officers
and employes of the office of the recorder
of deeds, the effect being to authorize
the employment of an additional cashier
at .<1,600 a year.
Senate 635!). changing the name and
jurisdiction of the inferior court of justice
of the peace of Cue District to "the
municipal court of the District of Columbia."
in charge of Representative Campbell
of Kansas.
Senate 1814. to permit the payment into
the registry of the court of money awarded
by jury to any land owner for the condemnation
of land for public use in case
such owner is'under-a disability and cannot
be found, etc., in charge of Mr.
Senate 13t?8. changing the name of V
street, from Florida' avenue to 10th street,
o California street, in charge of Representative
Semite 2000. providing for the extension
of New Hampshire avenue, in charge of
Represenlative McMi 11 un.
The Senate Committee.
It is not likely that there will be a
meeting of the District committee of the
Senate this week. Senator Gallinger. the
chairman, hopes to have o'ne and perhaps
two before the holidays, but thus far he
has not made any definite plans. The
time will depend largely upon what other
business the members of the committee
have to attend to.
While' Mr. Gallinger does not anticipate.
that-Congress will have time to enact
much District legislation at the short
session now in Congress, he expects to
see a number of important matters disposed
of by his committee and put in
shape for enactment: into law at an early
day in the first session of the Sixty-first
Unable to Serve on Inaugural Committee?J.
S. Henry Named.
Chairman Stellwagen of the inaugural
committee today received from Col.
Charles A. Boy n Ion. manager of the
Washington office of the Associated Press,
his declination of the appointment as
chairman of the press committee. Col.
Boyi.iton exprcefsed lib regret at .being
unable to stive, but said lie could rot because
of his physical condition and the
press of business. Mr. Stellwagen accepted
the declination with regret, and
named James S. Henry, president of the
Gridiron Club, as the head of the press
Maj. Gen. J. F. Bell, U.S.A., grand marshal
of the inauguration parade has selected
Gen. John A Johnston of this eity
to act as his chief of staff, and on that
gentleman will prncipally devolve the organisation
and arrangement of the mi itary
features of the inauguration of Mr.
Taft. Gen. Johnston was an officer of the
army up td a few years ago. when he resigned
to engage in private business.
Gen. Johnston is unquestionably the best
equipped man in the country for the important
duty intrusted to blin. He was
chief of staff to Gen. Chaffee, ihe grand
marshal of the parade at the Itooaevelt
inauguration, and was pr>>nd;.<t.tly i<; untied
with the military programs at the
McKlnley, Cleveland and Harrison inaugurations.
Hirschberg, Prominent Catholic,
Murdered or a Suicide.
Police, However, Contend That
Wound Was Self-inflicted.
Dead Man Distinguished by Birth
and Circumstances?Close Friend
of Archbishop Glennon.
ST. LOUIS. December 8.?Francis D.
Hlrschberg, prominent in the Roman
Catholic Church and a personal friend of
Archbishop Glennon, also well known in
club and business circles and as a director
of the Louisiana purchase exposition, was
shot and killed at his home, 5818 Lindell
boulevard, early today.
Whether his death was the result of
murder or suicide has not been determined.
Members of the family aver that he was
shot by a burglar. Police who are investigating
the case declare, however,
that there is no evidence of the presence
of intruders In the Hirschberg home.
A trail of bloodstains on the stairway
leading from the reception hall on the
first floor Indicate that Mr. Hirschberg
was shot at the foot of the stairs, and
' then turned and walked bark to his bed'
room, on the second floor. From there he
! crossed a hallway and passed through
his wife's room to the bathroom.
He returned and staggered Into his
wife's room. Mrs. Hirschberg says she
woke Just in time to see him sink to the
floor unconscious.
Mrs. Hirschb--rg had her husband carried
to his bedroom. He died soon afterward,
without making a statement as to
how lie was shot.
As far as the police can learn no member
of the household was on the lower
floor of the house at the time of the
shooting. Mrs. Hirschberg Is deaf and
i therefore she did not hear the report of
the revolver.
Third mysterious Tragedy.
The Hirschberg tragedy, following close
upon the suicides yesterday of Charles
A IT.flrtt Qtixs/HeU *
Charles \V. Blow, a prominent business
and club man, both friends of Mr.
Hirschberg. has caused a sensation.
The Hirschberg residence, in the heart
of St. Louis' fashionable quarter, was
Desieged by triends of the dead man.
Only those intimately connected with
the family were admitted.
The police investigation revealed several
baffling circumstances. The biood stains
on the stairs indicated the. Mr. Hirschberg
stood 011 ttie third step from the
bottom when he was shot. Immediately
below him there was an antique chair
which bears a deep dent as though it
I had been struck by the revolver which
was found beside it.
The weapon was of a type used thirty
years ago. Members of the family told
the police that they had never seen It
before. The bullet which caused death
was not found.
Physicians who examined the corpse differed
as to the probable course of the
bullet. There were wounds just below the
point of the left jaw and in the right temple.
One physician asserted that th* bullet
had entered the jaw and ranged upward
The other declared that it had taken the
opposite course.
Conflict of Statements.
Friends of the family assert that Mr.
Hirschberg had been in ill-healtli fcr three
years. This was denied by his business
associates, who said that he had been
only slightly Indisposed lately.
The possibility of financial or domestic
troubles was scouted by intimates of t.ie
dead man. Some casual acquaintances,
however, say he had been complaining
that "business was not what if should
A minute search of the premises by the
! police failed to reveal any signs of the
entrance of an intruder. All locks and
bolts were found secure and unmarked.
It" an assassin cut -red the res.deuce,
they assert, he must have used a skeleton
! key and then carefully locked the door on
departure ancr uispusnur or ine revuivcr
in the manner in which it was found.
It was largely through the instrumentality
of Mr. lli-schberg that the site for
tite an hcptseopal residence, adjoining the
Hirschberg home, was purchased. He was
Archbishop Glcnnon's closest personal
friend among the laity.
A descendant of ti e Chauvin. Papin and
Choteau families and having for wife
a daughter of the late Gen. L>. M. Frost,
the .social position of Mr. Hirschberg was
high. He was a son of Mme. Laieile
Hirschberg, who, before her marriage,
was M'es Lucille Cliauvin. a member of
i one of the o'dest and most exclusive
French families in the city.
Mrs. Hirschberg is a sister of Lady
Noblesworth. wife of an English peer.
There are no. children.
Authority on Insurance.
The dead man was fifty-four years old.
For many years he had been a loader ia
I the insurance business.
He was the first to introduce in Araer;
ica the system of insuring employers
| against accidents to their workmen. He
, was one of the organizers of the St. Louis
I ^iro 1 'nilorarritftru I ccn?>iui{An r'Vilohi lnK.r
i was succeeded by the present organiziI
tton. the l ire Prevention Bureau of St.
i Louis.
| He was a member of the St. Louis
! Club, the Country Club, the Florissant
I Valley Country Club and the Noonday
! Club, lie was chairman of the eonimit|
tee that had charge of the entertainment
of all distinguished guests who came to
St. l^ouis at the time of the wor d's fair.
Iowan Becomes Senator After Fifteen
Years' Struggle.
Albeit B. Cummins took the oath as
United States senator a few minutes after
i 32 o'clock today. It i? fifteen years since
; Mr. Cummins began his light for a seat
I m the upper brunch of Congress and his
! career has been watched with interest by
; polit.cians and the public all over the
1 land. He was an object of considerable
! interest this morntr.g.
i Following the custom Mr. Cummins
j walked to the desk of the President of the
i Senate on the arm of Senator lJolliwr,
: ills colleague. Mr. Fairbanks adm njsj
tered the oath, alter which he shook
i hands with the Jcwan and turned liun
j over to Secretary Bennett, who showed
j him where to sign ?h's name to the oath
1 in the official record.
i In the senators' gallery while Mr. Cum!
ruins was taking the oath were Mrs. Cum
miiis and Mrs. Dolliver, both of whom
I watched the ceremony with great interest.
Annual Message Urges Justice
for Corporations.
Power for Interstate Commerce Commission
Over Railroads.
Plea for Conservation of National
Resources-?Warning Cited in Devastation
Throughout China.
Interest in both houses of Congress centered
today in the President's message.
Senator Aldrieh on behalf of the Senate
committee and Representative Payne for
the House committee, appointed to notify
the President that the two bodies were in
session, informed their respective houses
that they had performed this duty. Each
reported that the President had responded
to their notification with a statement that
he would immediately submit a message
in writing.
Secretary Eatta followed close upon the
heels of the two committees, appearing
first in the Senate and then in the House.
The reading of the message began in the
Senate at just a quarter of an hour
after the Senate had convened, and in the
House a few minutes later.
t i, a# v. uaii>a.< tf ott011
XI1C ^l&IieiiCS Ul Ui/ill iiuuaco ncio nets
filled. Almost all the seats of senators
and members were occupied by their owners.
All were supplied with printed copies
of the message, which proved to be a document
of forty-four printed pages, with
an elaborate appendix containing numerous
illustrations showing the results of
the work of the forestry bureau.
Senators and members gave comparatively
little attention to the reading of the
message at the desk. Most of them immediately
busied themselves with tho
printed copies before them. In these copies
much interest was manifested.
Contents of Message.
President Roosevelt's annual message to
Congress goes over much the same ground
he has traversed in previous communications
and repeats recommendations hitherto
made, elaborating upon some features.
Nothing startlingly new to disturb tho
business of the country generally la found
in the document,-. The same high moral
tone, the same preachment and laying
down of doctrine and principle which
characterized previous messages are found
in this one. /
Congratulating the country upon the excellent
financial standing of the nation
and the financial management of the naj
tion's interests by the government, tho
President takes up at once the subject of
federal control of corporations engagod in
interstate business.
He repeats former contentions that under
the interstate clause of the federal
Constitution the United States has compete
and paramount right to control all
agenc.es of interstate commerce, and that
the national government alone can exercise
this right with wisdom and effectiveness
so as both to secure justice from
i and do justice to the great corporations.
He recommends again amendment of the
Sherman law so as to permit combinations
which are in the interests of the public,
but which shall be under supervision and
control of the national government. He
would remove the railways entirely from
the domain of the antl-irust law and put
them under the interstate commerce commission.
'flie power of the commission should
extend to complete supervision over the
! iniino. 11 r ?eciiriiies and should be sum
Imary as to raising and lowering rates.
As ail offset, the roads should be empowered
to make traffic agreements and combinations.
subject to the commission's ap;
I The commission should also have power
| over interstate telephone and telegraph
| companies.
i The President says that opposition to
this policy of control of corporations
makes its most effective effort in tbo
j shape of an appeal to the old doctrine of
| state's rights. He contends that the pro,pi>sal
to give the national government coni
trol over the instruments of intcrstata
| commerce is a plan merely to carry out
j to the letter otic of the prime purposes,
I if not the prime purpose, for which the
j Constitution was founded.
I He insists thai it does not represent eenj
trallzatieii. but tbe acknowledgment of
the pat.-nt fact ihat centralization has
' already come in business. This irret.^.^ncii.i^
uruiHp business oower can be
i controlled in only one way, and that by
! tlie national government,
j To accomplish tills necessary control
I means the increase in the use of power
j by the central government. He contends
i that this is not the er ation of new power,
j since t he power already exists, and that
j the only question is whether It shall b?
1 used or allowed to remain Idle.
Chance for Laborer.
Concerning labor, he advocates steady
efforts In many directions to bring about
a condition of affairs under which the
men wiio work with hand or with brain?
the laborers, the supe; intendents, the men
who produce for the market and the men
who find ? market for the articles produced?shall
own a far greater share than
j at present of th* v. alth they produce and
I lie enublevi to invest it in the tools end
i instruments by which all work is carried
j 011.
There is a plea for co-operation, for in!
vestment by sma.'I stockholders. especial
! ly in the industrial Institutions In wntcn
j they are employed.
The President makes an urgent pD? fot
j action in tin* coming session of Congress
| on an adequate employers' liability Ian*.
lie points out in vivid fashion the In*
i justice done to wage w or cers by the ab1
sence of such a law and insists that th?
i government should take the Itrrt step.'
! To that end lie says:
i "The Congress should without fu thei
i delay pass a model employers' llabi Ity
j law for the District of Columbia. Th<
J employers' liability act recently d clare'-1
: unconstitutional on account cf apparently
I including in its provisions employes en;
gag. 1 in intrastate commerce ns w 11 af
i those engaged In irte state fommerrt
i has been held by the local ourts to lx
i still in effect so far as its provisions api
ply to the District of Columbia. There
should be no ambiguity on ihis point. II
I tl.eic is any doubt on th subject the law
| should be re-enacted with special reference
to the District cf Columbia.
"Tills act applies, however, only to **ni*
j ployes of common carriers. In all cthei
! occupations th liability law of the Die*
! t rirt is the old common law. The sever*
! itv and injustice of ti*e common law it
this matter has been in some degree oi
another modified in the majority of oui
slates, and the only jurisdiction undei
th> exclusive control of the Congress
should l?e ahead of and not b hind fh?
states in this rospect. A vompreheasivt

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