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Evening star. [volume] (Washington, D.C.) 1854-1972, May 22, 1911, Image 1

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WEATHER.
Probably fair tonight and Tues
day: not much change in temper
ature. with light variable winds.
COmiMXC Q\ P \<?E 12 CLOMXO
rr* ?ORK fTOCK ?IOT?T1(t1*.
No. 18,499.
WASHINGTON, D. 0., MONDAY, MAY 22, 1911-SIXTEEN PAOES.
I
HITS COURTS VIEW
Senate Judiciary Committee
Opposes 'Rule of Reason."
JUSTICE BREWER QUOTED
Held Application Made Criminal
Statute Unenforceable.
SENATOR NELSONS OPINION
Embodied in Report Opposing
Amendment to the Sherman
Anti-Trust Act.
An opinion of the Senate Judiciary com
mittee. apparently taking the opposite
view to that of the T'nlted States Su
preme Court in the Standard Oil decision
and holding that the word "unreasonable '
should not h?? read into the law In con
nection with "restraint of trade." 1* be
ing sen era! !y discussed among senators'.
T!ie opinion was a report on a proposed
amendment to the Sherman anti-trust act.
by which tt was proposed, with other
thiru;s, to insert tlie word "unreasonable"
in the law. and the committee was op
posed to that and other features of the
amendment. Its adverse report was writ
ten by Senator Nelson of Minnesota and
has often been referred to as a master
interpretation of the anti-trust law.
Discusses Common Law.
T'e judiciary committee's report first
discusses the rule of the common law re
tarding combination* in restraint of
trade. After citing many < ases the re
port comments:
"The doctrine and effect of all these
? uses is that any agreement or combina
tion directly -tffectins: the welfare of the
public, by stifling competition and breed
ing monopoly in trade and commerce, is
contrary to public policy and invalid, and
that the courts In such cases will not
undertake to measure the decree of the
stifling of competition or the degree of
the monopoly. In such cases the reason
ableness of the restraint is not measured
or considered The doctrine of reason
ableness is only applied in eases of con
tracts limited a? to time or place, or both,
and where the interest of the parties was
the principle thing at stake, hut Is not
applied In cages where the general public
welfare Is at stake and where the e\
praaa, or implied, purpose and effect is
to prevent competition in trade, or to
create a monopoly in trade
"The very first paragraph of the antitrust
act. to wit: "Every contract, combination
In the form of trust or otherwise, or cn
spirary. in restraint f trade or commerce
among the several states, or with foreign
nations. Is hereby declared to be llligal.*
simply states the cemmon-law doctrine as
laid down by the courts in cases cited,
and applies it to interstate and foreign
commerce The reasonableness of such
contracts or combinations was never
made a question under the common law.
because they were deemed to be con
trary to public policy in this that they
st iflefl competition and bred monopoly
? iid. on that account, were deemed to be
invalid."
Point Made in Law.
After discussing other features of the
auti-trust law and their purposes, the
committee sets forth that the proposed
amendment provides "that no prosecu
tions under the first six sections of
the act shall be maintained for past
offenses unless the contract or combi
nation be In unreasonable restraint of
trada." etc
It la the comment of the Senate ju
diciary committee, with leading law
yers of the Senate as members, on that
point that has attracted special atten
tion since the Standard CHI decision.
The committee said:
The anti-trust act makes It a crimi
nal offense to violate the law. and
r-rovldes a punishment both by fine and
imprisonment. To Inject into the act
"he question of whether an agreement
or combination is reasonable or unrea
sonable would render the act as a
criminal or penal statute indefinite and
uncertain, and hence, to that extent,
utterly nugatory and void, and would
practically amount to a repeal of that
part of the act. Justice Brewer In the
case of Tozer agt. the United States
>53 FW. ?17> makes this perfectly
clear and plain. In this case the de
fendant was indicted for violating the
interstate commerce act. In stating the
facts the court says:
The Missouri Paclflr company charg
ed the Chicago. Hurllngton and Oulncv
. ompany only 34 cents for carrvlng the
sugar from Hannibal to Hepler, while It
? harged the Hayward Grocery- Company
and others living in Hannibal 46 cents for
doing a like work, and it was held (in
the lower court! that this constituted the
giving to one person an undue and un
reasonable advantage, and subjected one
to unjust and unreasonable disadvantage
within the denunciation of section ,1 of
the Interstate commerce act'
Holding of the Court.
"And upon this the court holds
" 'But. In order to constitute a crime,
tha act must be one which tlie party is
able to know in advan< e whether it is
criminal or not. The criminality of an
act cannot depend upon whether a Jury
may think ft reasonable, or unreasonable
There must be some deflnlteress and car
tainty. In the case of the railwav com
pany agt. Dev (3ft F>d Rep. Hfw d76) ,
had occasion to discuss this matter and
1 quote therefrom an follows: "Now the
contention of complainant is that the
substance of t.iese provisions is that if a
railroad company charges an unreason
able rate it shall be deemed a criminal
and punishable by fine, and tl.at such a
statute is too indefinite and uncertain no
man being able to tell in advance what
? In fact is. or what any Jury will find to
be a reasonable rate if this were the
construction t< be placed on this an as a
| whole, it would certainly be obnoxious to
complainant's criticism, for no penal law
<an be sustained unless its mandates are
so clearly expressed that any ordinary
person can determine in advance what he
may and what he may not do ur.der it " '
"And while the same technical objec
tion does not apply to civil prosecutions
the injection of the rule of reasonable
ness or unreasonableness would lead to
the greatest variableness and uncertainty
in the enforcement of the law. The de
fens* of reasonable restraint would be
made In every case and there would be
?s many different rules of reasonableness
as cases, courts and juries. What one
court or Jury might deem unreasonable
another court or jury might deem reason
able. A court or Jury In Ohio might find
a given agreement or combination rea
sonable, while a court and jury in Wis
consin might find the same agreement
and combination unreasonable."
Death of Paymaster's Clerk.
The Navy department Is informed that
Paymaster s Clerk Carl A. Meissner. t;.
S. N., died on hoard the 1'ntted States
hospital ship Solace at Guantanamo,
Cuba, yesterday. Mr. Meissner was born
at Stadtllm, Germany. December 1!7. 1S?V4,
and entered the naval service as an en
listed man March 27. 1MW. He was ap
pointed a paymaster's clerk October 'J7,
and served k? such almost continu
ously since that date, his last duty being
Kn board the United States steamship
lorth Carolina.
PROBE FOR LORIMER
New Inquiry by Committee of
Senate Now Probable.
STRONG SUPPORT OF PLAN
Many Republicans and Democrats
Generally for It.
COURTESY TO LEGISLATURE
I
Illinois Senate Having Asked Ac
tion, It Is Declared. Duty in
Case Becomes Imperative.
A second Investigation of the election
of William Lorimer as senator from Illi
nois was practically assured this morn
ing by action taken by a group of mem
bers of the Senate committee on privi
leges and elections and by the demo
cratic steering committee.
The privilege and elections commit
tee members, who gathered in Chairman
Dillingham's office during the morning,
decided to present a substitute for the
I .a Follette resolution, calling for an in
vestigation by the full Senate commit
tee on privileces and elections. For this
resolution its authors expect the support
of many of the republican regulars and
many democrats.
It is claimed that a majority of the
democratic steering committee were in
favor of supporting that resolution and
would urge gejieral democratic support of
it.
Supported by Progressives.
The La Follette resolution, naming a
special committee of five new senators
to conduct the inquiry, will command the
support of the progressive republicans
and of some progressive democrats.
The members of the privileges and elec
tions committee who expressed them
selves In favor of the substitute resolu
tion putting the Inquiry into that com
mittee's hands say that their action is
based on the action of the Illinois state
senate in asking that a body higher In
authority and power than themselves
make further probe of the Ix>rlmer elec
tion. They say that the state senate had
declared that new evidence has been dis
covered and that the I'ntied States Sen
ate ought to sift over that evidence; and
they add that it is the proper and <-ourte
oils thing for the 1'nited States Senate
to make the second inquiry.
Democrats Not Agreed.
As to the committee to conduct this in
vestigation, it Is understood, the demo
cratic steering committee did not reach a
unanimous decision. A majority. It is
declared, expressed the opinion that the
task should be put up to the Senate com
mittee on privileges and elections, on the
ground that that committee has been en
trusted with such work in the past, and
that It would be a slight to the commit
tee to take the probe out of its hands.
Some of the democrats, however, think
that the probe should be made by a spe
cial committee, arguing that the Senate
committee on privileges and elections has
already passed upon the case and that
a new group of senators should take up
the work.
There will be a split In the democratic
ranks, it is expected, when the vote is
taken on the committee to do the in
vestigating. Some of the democrats say
they will support Mr. La Follette's reso
lution as it stands, it naming a special
committee of five senators, who began
their service in the Senate with this spe
cial session, and who, therefore, had no
part in the discussion of the case during
the last session. Others will vote to call
upon the Senate committee on privileges
and elections for a second investigation
and report.
OLD WINE FOR WATCHERS.
Beverage Provided Years Ago by
Brewer for His Own Wake.
BUFFALO, N. Y., May 22?Watchers
at the wake of George Schlenker, a
wealthy brewer, tonight will sup wine
which he provided for the event thirty
years ago. Schlenker was killed in an
automobile accident late last night when
his runabout ran into a ditch.
Shortly before the accident Schlenker
was telling a party of friends about the
wine which he had prepared for his
wake. A cask of it had been buried in
a cement-lined vault in his back yard
and members of his family had been in
structed to open it after his death.
KILLS FRIEND; ENDS OWN LIFE
Ranchman a Suicide Beside Body of
Companion He Slew.
LAiNDBR. Wyo., May 22.?Riding home
together after a celebration in which
liquor is said to have piayed an important
part, Cal O'Neil and l^ee Kagan. ranch
men on the Shoshone reservation, be
tween the Big Wind and the Little Wind
rivers, Saturday became involved in a
quarrel, O'Neill shooting and killing Rea
gan.
Yesterday O'Neil rode back to the spot
where the body of his friend still lay
and put a bullet through his own brain.
The bodies were found side by side by a
searching party.
FIGHT FOR PURE ICE CREAM.
Deaths in Yonkers Lead to Rigid
Investigation.
YONKERS, N. Y? May 22.-The recent
death of two children from ptomaine
poisoning, the serious illness of a third
child and reports from Yonkers physi
cians of several hundred cases of severe
stomach trouble among children has
caused the board of health to obtain
samples of Ice cream, ice creani cones
and wafers from all dealers In the city,
and chemists are making an analysis to
determine whether they contain impuri
ties.
The health board is preparing a co<V of
regulations more strict than that in force
in any city in the country for the gov
ernment and inspection of the 200 Ice
cream dealers In Yonkers.
Aeroplane Burns, Operator Injured.
ST. IiOlTIS, Mo., May 22.?John N.
Sparling, an East St. Ix)uis aviator, was
injured at Kinloch Park yesterday, when
bis biplane, which he built, fell twelve
feet to the ground and was burned. Sparl
ing had covered three-quarters of a mile
and in making the turn to come back
the biplane dipped, turned a somersault
when a wheel ran Into the ditch, threw
Sparling out and caught Are from the en
gine. which was broken by the fall.
Sparling's nose was skinned and his
hands were burned.
President Taft Overwhelmed
With Offers.
ISLAND TENDERED TO HIM
Going to New York to Witness Dedi
cation of Library.
INVITATIONS TO EXECUTIVE
Incoming and the Retiring Secretary
of War Call?Panama's Am
bassador to Coronation.
Sine* Senator Kenyon of Towa sug
| gested. several weeks ago, tliat the Presi
J dent spend his summrr vacation in the
middle west, preferably near I>ake Minne
tonka. Minn.. Mr. Taft has been over
whelmed with offers from persons in
various parts of the country desirous of
giving him a "suitable" site for the sum
mer White House
President Taft received a letter today
j from a man who owns some of the Thou
sand Islands In the St. T,avvrcnre river,
and who is anxious to give the President
any one of them that he may select. He
writes that all that is necessary to close
the deal is to have the government erect
the presidential residence. Tiie President
decMned the offer.
Representative Austin and a delega
tion of Tennesseeans alw? came for
ward today with a request that the
President spend his summer in the
south. They offered him a home on
| Bald Knob, in the heart of the Smokv
mountains. They told him that a
! twenty-five-thousand-dollar mansion,
located on a model turnpike leading to
Knoxvllle. is at his disposal.
| In response Mr. Taft said he was
impressed with the beauty of the re
gion about Knoxvllle. but that he could
not give them a definite replv at this
time. ' j
In the meantime. MaJ. Archibald
Butt has been at Beverly. Mass., getting
the Peabody cottage In readiness for the
President's family.
President Going to New York.
The President, accompanied by Secre
tary Hilles and MaJ. Archibald Butt, will
leave Washington tomorrow morning at
K o clock for New York, where he will
attend the dedication cxercises of the
new public library at 4Jd street and 5th
avenue tomorrow afternoon.
In the evening he will go to dinner at
the home of J. A. W. Cadwalader, for
mer law partner of Attorney General
Wickersham. The presidential party will
leave New York late at night and arrive
here early Wednesday morning.
Senator Smi>h of South Carolina called :
to confer about the judgeship in his
state, but Mr. Taft Informed him that
he would announce a successor to Judge
V illiam H. Brawlev Wednesdav after his
return from New Vork. Whether he will
appoint a democrat or a republican is
not known.
Invitations for the President.
Accompanied by Representative Greene
of Massachusetts and Senator Ix>dge. Oli
ver S. Hawes went to the executive
offices this morning and Invited Mr. Taft
to attend the celebration to be held at
New Bedford, Mass.. the third week in
June in honor of the centennial anniver
sary of the cotton industry.
The President today accepted the in
vitation to assist at the military mass to
be held on the Monument lot next Sun
day morning at 11 o'clock. The mass
will be celebrated by Cardinal Gibbons.
Rev. Father Eugene DeL. McDonnell of
St. Aloyslus Church will preach the ser
mon.
Judge H. F. Burkett of Findlay, Ohio,
chairman of the executive committee of
the Ohio State Bar Association, invited
President Taft to attend the annual meet
ing of that body at Cedar Point, Ohio,
July 11. The association is anxious to
have the President make an address on
that occasion. He will announce his de
cision later.
Incoming and Outgoing Call.
Before going to the War Department t?
be sworn in as Secretary of.War. Henry*
L.. Stimson called at the White House
and paid his respects to Mr. Taft. Sena
tor Root and Representative Jolyi Dwight
called while he was In the executive
offices and they accompanied him to the
War Department.
Ex-Secretary and Mrs. Dickinson called
at the White House this afternoon and
bade the President farewell. Mr. Dickin
son will leave for his home In Tennessee
within a few days.
Transcontinental Highway.
"I want to see 16th street in Washing
ton extended from the Pacific to the At
lantic," said Thomas G. Norrls, president
of the Arizona Good Roads Association,
who called on President Taft in com
pany with Delegate Cameron of Arizona
today.
Mr. Norrls Is urging a transcontinental
highway, and he said after his confer
ence that Mr. Taft is also interested in
the project. Mr. Norrls said his plan pro
vides that the states through which the
road ia to run shall pay the cost of the
highway within Its limits.
Other White House Callers.
Ramon Arlas-Feraud, jr.. special am
bassador from Panama to the corona
tioi/of King George V in London, called
on the President today.
Among those who introduced constitu
ents to the President this morning were
Senators Bailey of Texas. Smith of
Michigan and Shively of Indiana, and
Representatives Crumpacker of Indiana.
O'Shaughnessy of Rhode Island, Reilly of
Connecticut and McLaughlin of Michigan
Frank S Streeter of New Hampshir*,
member of the boundary commission
who Is to attend a meeting of that board
called at the President's offices to pay
his respects.
To discuss the general political situation
willlain Hay ward of Nebraska, secretary
of the republican national committee
called on - resident Taft this afternoon
and remained In conference for more
than an hour.
Mrs. George E. Pickett, widow of Gen.
Pickett, who led the famous charge of
the Confederate troops on the third day
of the battle' of Gettysburg, was Intro
duced to the President by Representative
Campbell of Kansas today. Mrs. Pickett
was In 'mourning for her son, Maj. George
E. Pickett, who died on a transport while
on his way to this country from the
Philippines several weeks ago.
Shoots Self While Dreaming.
NEW YORK, May 22.?The danger of
sleeping with a pistol under one's pillow
was illustrated today, when John Mc
Aleenan died from a fielf-infficted bullet
wound through the head. Members of
the family said McAleenan slept with a
revolver at the head of the bed and shot
himself during a dream- The police
could not And the weapon, but were told
that it had been taken away by rela
tives who found the young man dying In
bed. The coroner reported the case as
an accident.
THESE TRYING SPRING DAYS.
COX CASE PROCEEDINGS
HALTED BY MANDAMUS
Alternative Writ Causes Clash
Between the Judge and
Prosecutor Hunt.
CINCINNATI, May 22.-Although this
was trie day scheduled for the formal
entry of the decision of Judge Dickson
freeing George B. Cox from the charges
of perjury preferred by the January
grand Jury, the entry was not made. An
alternative writ of mandamus issued by
the circuit court halted the proceedings
and caused a ola?h between the Judge
and Prosecutor Henry T. Hunt.
At one stage in the argument Judge
Dickson, Incensed at the prosecutor's
words, ordered him to leave the room,
Hunt's answer being "I refuse."
The clash started when attorneys for
Cox and the prosecution presented entries
by which each side sought to have Satur
day's decision recorded according to a
particular interpretation.
The entry for Cox was that both in
dictments were quashed; that for the
country was that one was quashed,
one holds good and that the prosecutor
has the right to elect which Indictment
shall be quashed.
Returnable Next Saturday.
This last phase is covered by the writ
of mandamus issued by the circuit court,
which ordered Judge Dickson to put on
an entry permitting the prosecutor to
elect upon which of the Indictments he
will proceed. It is returnable next Sat
urday.
Without passing on either entry today
Judge Dickson accepted both, pending
a ruling from the circuit court on the
effect of the writ of mandamus.
FOUR DEATHS FROM ACES
IN TWO GAMES OF POKER
Too Many One-Spots Engender Bit- <
ter Feeling on a Hot
Sunday.
KITTANNING. Pa.. May 22 ?Three men
were murdered and one fatally shot dur-(
ing a quarrel over a game of cards, at
'Caylor last night. Dick Sendrino, a
miner, it is alleged, shot and killed his
brother, Charles Sendrio, at.<J Andrew
and Rocco I^eopohl Braltis, two brothers,
and also fatally wounded Walter Splltah.
It is claimed that during the game Ave
aoes were found in a deck of cards with
which the men were playing poker. Dirk
was suspected and was given a beating.
He revenged himself by firing into the
crowd, and then fled.
A large band of angry miners today
Is hunting the fugitive.
Accused of Holding Out.
CNIONTOWN, Pa., May 22?A quar
rel over a poker game resulted in one
man being killed and another wounded
at the Sunshine Coke Works, No. 1, last
night. Three brothers named Logwabaca
were playing with Frank Pecan and
Frank Rlnlte.
The latter charged one a* tho brothers
with holding out four aces. and. it Is al
leged, Logwabaca drew a revolver and
killed Pecan and shot" Rinite in the right
leg. The three brothers escaped.
Increase in Casualty Rates.
CHICAGO. May 22.?Sixty or more of
the casualty insurance companies of the
fnlted States and similar foreign con
cerns doing business In this country have
combined to raise rates, according to a
news article in the Tribune today. As a
result employers desiring liability insur
ance must pay Increases varying from
lft to 140 per cent. The attorney general
has. It is said. Instituted an Inquiry lato
this alleged trust.
LOCAL BILL PASSED
Proposed Extension of Colo
rado Avenue.
DISTRICT DAY IN HOUSE
Only One Measure on the Calendar.
Recommendations of the
Commissioners.
This was District day in the House, hut
it didn't last very long. The Mil for the
extension of Colorado avenue from Long
fellow street to 10th street was the only
one on the calendar, and after It had been
passed without debate or amendment, the
House, on motion of Representative Flood
of Virginia, chairman of the committee
on territories, resumed consideration of
the Arizona-New Mexico statehood resolu
tion.
Urged by Commissioners.
The Colorado avenue blli had the unani
mous support of the District committee.
In a letter to Representative Ben Johnson
of Kentucky, the District Commissioners
explained that the measure authorized
"the extension and widening of Colorado
avenue northwest from Liongfellow street
to Kith street, and of Kennedy street
northwest through lot numbered 800,
square 2718.
"The estimated cost of this land Is
$17.!j38, and the bill provides thai the
total cost, together with the expenses of
the condemnation proceedings, shall be
assessed by the Jury on the surrounding
and abutting property as benefits.
"The extension and widening of Colo
rado avenue, as proposed in the bill, is
believed to be very desirable. This ave
nue is becoming an Important thorough
fare between 14th and l*>tIt streets, and
should be opened to the full width of 120
feet, as laid down In the highway exten
sion pians, before the Increase In the
value of the land or the erection of im
provements would make the cost prohibi
tive. The land to be taken for the widen
ing is divided Into a number of small
holdings, and it is Impracticable to ac:
quire it by dedication.
Widening of Kennedy Street.
"The widening of Kennedy street is
also desirable. This street Is now open
between 14th and 10th streets with the
exception of a small triangular part of lot
800, square 2718, and it has been found
impossible to acquire this small portion
by dedication. The District appropriation
act for the fiscal year 1H12 contains an
appropriation of $5,000 for grading and
Improving this street between 14th and
10th streets, and unless this small piece
of land Is acquired the street cannot be
improved to Its full width at 16th street."
MURRAY WILL NOT QUIT
OFFICE OF CONTROLLER
Has Refused All Offers to Leave
Treasury Before Term
Expires.
Denying the rumor circulated last night
that he was about to resign and assume
the presidency of the First National Bank
of Pittsburg, I^awrence O. Murray, con
troller of the currency, today made the
following statement:
"The term of office of the controller is
for five years, and I bave already served
more than three. I have positively and
finally refused all offers to leave the of
fice and will finish out my term of office
as controller. When I became controller,
I had certain definite plans and policies
as to the conduct of the office. Some of
these have been put into effect, and I
sincerely hope to make the others effec
tive during the remaining two years of
my term of office.
It is known that Secretary MacVeagh
and President Taft are gratified at Mr.
Murray's determination to remain la the
service of the Treasury Department.
I
MEASURE WOULD AID
WOMEN 10 WORK
Bill of Representative Berger
Aimed at Manufac
turing Concerns.
Representative Vicfoor Berger, the
socialist member of the House from Mil
waukee, Wis., today introduced a bill
in the House to regulate the employment
of women in the District of Columbia.
The bill prohibits the employment of
women in any manufacturing or mer
cantile establishment "more than eight
hours in any one day, or more than
forty-eight hours in any one week, or
more than six days in one week, or be
fore 7 o'clock in the morning, or after
10 o'clock In the evening of any one day."
Girls under the age of eighteen years,
according to Mr. Berger's bill, are not
to be employed before 7 o'clock in the
morning, or after 6 o'clock in the even
ing.
Only Six Hours Consecutively.
This measure also provides that women
shall not be employed for more than
six hours continuously without an inter
val of at least three-quarters of an hour.
An exception is made where such em
ployment ends not later than 1:30 o'clock
In the afternoon, and the employe is
dismissed for the remainder of the day.
Another provision requires that em
ployers of women shall post in con
spicuous places notices stating the
number of hours' work which are re
quired of them each day of the week,
the hours of beginning and stopping
such work, and the hour when the
time allowed for meals beglns and ends.
The presence of an employe on the
premises of such an establishment at
any other hour thSn those stated In
the printed notice ^'shall constitute
prima facie evidence of a violation of
this section."
Provides for Inspectors.
Mr. Berger's proposed law authorises
the Commissioners of the District to
appoint two inspectors at a compensa
tion not exceeding 91-200 each per year.
Inspectors are authorized to enter any
place where labor is performed by
women whenever they have reasonable
cause to believe that the provisions of
this law are violated.
Employers violating this proposed
law are to be fined for the first offense
not less than $20 nor more than $60;
for a second offense, not less than $50
nor more than $200; for a third offense,
not less than $250.
Representative Berger believes that
should Congress pass this measure it
would then become a model for the
states, and he earnestly hopes that
Uncle Sam will set this example for
the benefit of not only the woman
workers of the country, but of the entire
race.
FAKMEE'S PBOTEST FATAL.
Objected to Picnickers Using His
House as a Target.
PATBRSON. N. J.. May 22.-Two men
are dead at Little Falls, N. J., as the re
sult of a revolver battle between a farm
er and picnickers, whom he eadeavored
to eject from the vicinity of his farm.
Fifty shots were t.red by the disputants.
The farmer, Frank Costello. and one of
the picnickers, Frank Dorsey, were each
shot through the heart.
The picnickers had planned to amuse
themselves by revolver practice, shooting
at a target placed against Costello's
house. When the bullets began to ping
ping agairwt the clapboards Costello
came out on a run and ordered the in
vaders away. They laughed at him and
he returned wit* his own pistol.
Scarlet Fever at Weilesley.
BOSTON. May 22?Weilesley College
has an epidemic of scarlet fever. Five
members of the freshman class are now
in quarantine, and it is said that if
any more cases develop the college will
be closed. The disease made Its appear
ance a week ago.
SON SWORN IN
New Secretary of War Sub
scribes to Oath of Office.
GREETS THE ARMY CHIEFS
Office Force Bids Farewell to Retir
ing Secretary Dickinson.
EXPRESS REGRET AT PARTING
Department Left in Charge of As
sistant Secretary Oliver Until
Next Monday.
Henry T*. Stimson of New York this
morning took the nnth of offlre an Sec
retary of War. succeeding Jacob M. Dick
inson. resljrned.
The ceremony, which wan more impres
sive than usual. took place In the pri
vate office of the Secretary of War. Sec
retary Stimson caine to the department
directly from the White House, accom
panied by Senator Root and Representa
tive Dwlght of New York. He was cor
dially welcomed by Secretary Dickinson,
with whom were Assistant Secretary
Oliver, Maj. Gen. Leonard Wood, chief of
staff, and Chief Clerk Scofield. Without
delay the oath of offlce was administered
by John B. Randolph, chief of the rec
ord division,' who had performed a simi
lar service for many war sseretar.es in
years past.
Greets Officers of the Army.
After receiving the congratulations of
the officials present Secretary Stimson
greeted the various military officers on
duty In Washington, standing at the
right of Secretary Dickinson, with Gen.
Wood at his left, performing the Intro
ductions. All of the officers were in uni
form. many arrayed In white duck, and
the scene was a brilliant one. The line
was headed by Adjt. Gen. Alnsworth. fol
lowed by Gen. Murray, assistant chief of
staff.
At the conclusion of the military re
ception the new Secretary was introduced
to the civil officials and clerks of the War
Department by Gen. Oliver, assistant sec
retary of war. assisted by Chief Clerk
Scofield. As the lonjf line of officers and
civilian offl lals passed through the rooan
each and every one said farewell to Sec
retary Dickinson, and there were nttny
expressions of deep reg-e: that ;ie wa?
retiring from offlce.
j Following the ceremony, the incoming
and outgoing secretaries were photo
graphed several times, standing together
beside the desk allotted to the head of the
military establishment.
Mr. Dickinson, accompanied by Mrs.
Dickinson, will leave t'lis city in time to
arrive in Nashville, which Is to be their
future home, Friday morning, stopping
at Louisville on their way.
Takes Charge Next Monday.
Secretary Stimson does not expect to
assume active charge of his new offlce
before next (Monday, Assistant Secretary
Oliver acting in his stead until that date.
Mr. Stimson will go to New York tomor
row ai|d will address the Inter-Colonial
Club at Boston later in the week He
has announced that there will no changes
In the secretary's office as a rtsult of
the retirement of Mr. Dickinson Conse
quently Walter R. Pedlgo of Virginia will
continue as private secretary and Lincoln
R. C lark and Adolph Amende as confi
dential stenographers.
Mr. Stimson is not such a tyro in mili
tary affairs as has been represented. He
inherits the traditions of the civil war
his father. Lewis Atterbury Stimson, now
a distinguished physician of New York
who entered the volunteer service In 1864
as a young man of twenty, serving first
as lieutenant and then as captain and
aid-de-camp on the staT oi Ma J. ?ien. A1
fred H. Terry, commanding the loth
Corps.
Served in National Guard.
Mr. Stimson Is not without military ex
perience himself, for he served In Squad
ron A of the New York National Guard
for close on ntne years. He took a great
Interest in his military work and was
one of the crack shots of his organisa
tion. He qualified as marksman, sharp
shooter, expert and distinguished expert.
He joined Troop 2 of the squadron as a
private May 24. IftHR; was appointed arti
ficer January 16, llXil; quartermaster ser
geant January 7. 1001: corporal March
22. 1902; sergeant January 3, 1902. and
was elected first lieutenant December 7,
1906. He resigned from the military
service on account of pressure of busi
ness and was honorably discharged April
16, 1907.
SCORES TAFT FOR FIGHT
ON CANADA PACT CHANGES
Senator Nelson Says Upper Body of
Congress Has Bight to Make
Amendments.
Senator Nelson of Minnesota attacked
President Taft today before the Senate
finance committee for seeking to prevent
the Senate from amending the Canadian
reciprocity bill. He declared that the
Constitution made the Senate part of the
treaty-making power of the country and
offered several amendments to the meas
ure.
Senator Nelson's amendments would re
duce about one-half the existing tariff
rates on most farm products. To put
farm products on the free list, he de
I clared, was legislating directly against
the farmer.
"President Taft is evading the Consti
tution of the United States, he asserted,
' "when he tries to force the Senate to ac
cept this agreement as it was presented.
He Is trifling with the Senate of the
United States."
Senator Nelson urged the committee to
consider carefully his proposed amend
ments. He safal the Senate had amended
previous treaties and that there was no
valid reason why It should not amend
the Canadian agreement.
FOG IMPEDES TRAFFIC.
Baseless Rumor That Two Steamers
Collided Near New York.
NEW YORK. May 22.?A sticky, thick
fog hung over the lower bay and the sea
approaches to port today and almost
brought marine traffic to a halt. Down
off the Ambrose channel lightship the
White Star liner Cedric. Inbound from
England, dropped her anchors and await
ed clearing weather.
The wireless operator of the Cedric
picked up the steamer Alleghany, bound
from Philadelphia to Providence, and kept
up a running fire of conversation to lo
cate her exact position.
The Cedric and the Alleghany were
close to each other in the fog. and this
circumstance gave rise to report* that
the two steamships had collided.
*
DEFENDS THE CITY
I
Maj. Sylvester Resents Charge
of Sunday Desecration.
EXCISE LAW NOT VIOLATED
Accusation by Presbyterian Assem
bly Regarded as Baseless.
POLICE FORCE EVER VIGILANT
Commissioner Rudolph Also De
clares That Washington Strictly
Observes Sunday Regulation*.
"If the gen!lenien of the faith are gr<fng
to mako broad statements which cannot
be proved. then what arc their follower*
to do? If the jwoplo cannot believe them,
what are wo going to do?"
These questions were asked by Maj
Sylvester, superintendent of police, today.
In talking about the charge that Wuh
Ington Is "wide open" Sundays, and that
It Is a horrible example of Habbath des?
cration for the rest of the 1'nlted Atates
; The charge was Incorporated In a report
! adopted by the Presbyterian general as
sembly now In session at Atlantic City
"This city." Maj. Sylvester said. "pre
sents one of the moat peaceful village
scenes Sunday that you could get In a
big citj I know personally that the sa
loons are closed, and to nay there ?*
wholesale violation of the excise law 1*
untrue, but a> untrue as It Is, It Is even
more foolish than false
"Only a few days ago I had the cap
tain of each precinct be sure that tha
t?ars and cafes in the precincts were ex
pi >ed | full view on Sundays. The cur
tains are draw naside, so that every pass
erby will have a full sight of anything
that might be going on Inside.
One Exception Noted.
"I believe there ought to be an end to
some of the Sunday building work that
goes on occasionally. However, It Is pos
sible that whenever that occurs It Is
brought about by an emsrgency. There
Is not enough of It to bring general
censure.
"This city Is as well behaved on Sunday
as any In the world. The police are Just
as active, and yet there are very few ar
rests Sundays I supi?ose some people
j object to the moving pictures Every
moving plcturc proprietor Is anxious to
give a clean show. The leading picture
? men are on record to that effect. They
'are doing away with pictures that might
incite 111 feeling or do any harm Ws
never have any trouble with moving pic
ture shows or audiences.
"What the Presbyterian assembly alms
at is the society functions on Sundays, I
believe. But the pink tea and the Sunday
afternoon dinner do not come within the
scope of the police regulations."
Conditions in Other Cities.
Commissioner Rudolph, who came but
from New York with the Chamber of
Commerce party last night, said he had
been so busy watching violations of the
excise law In other towns that he had
little to say about the present oensute
except that If the people making the
complaint had seen some of the sights
he had seen they would leave Washington
alone.
"The Sunday law Is being observed
here." he said, "for I have been taking
quiet tours around the town and know
fairly well what is going on in every sec
tion. The society function may be
wrong, but as Commissioner of the Dis
trict I am not called upon to decide that
question. Ah long as the afternoon tea
is an affair which causes no disturbance,
the police department csn report that ail
is quiet."
BRITAIN OWNS AIRSHIP
DESIGNED FOR THE NAVY
Vessel Was Secretly Constructed,
Successfully Launched and
Christened the Mayfly.
RARROW-IN-FTTCCHHS. England, May
22.?Great Britain's flrat naval airship,
the construction of which has been sur
rounded by much secrecy, was success
fully launched today, and is now anchored
"behind wind screens erected In the har
bor. The airship was christened the
Mayfly.
The airship, which Is ,Y>2 feet In length.
Is ore of the rigid type, with a blunt
nose tapering to a pointed s*em. A
feature of the construction Is the pro
vision for two separate gondolas for the
engines. The airship is specially de
signed for naval purpoees, and oan be
moored on the water.
Upper Half of SUk.
The outer co-raring of the apper half
of the dirigible, which Is fortr-<lgM
feet In diameter, consists of silk, treat
ed with a special waterproof ilissslin
over which aluminum dust has been
sprinkled. The lower pert of the bee
Is of yellow silk, treated with the same
waterproofing material, hot without the
aluminum. The framework oontatos
eighteen gas bags, filled with hy*lrogen
KIILED IN AUTO COLLISION.
One Dead and Seven Hart, Two Fa
tally, in Chicago Accident
CHICAGO, May 22 -In a collision be
tween an automobile and an auto truck
at Washington boulevard and Kedsle ave
nue today, eight persons were Injured
One of the victims died on the spot and
two of the others may not recover.
The automobile oontalnlng seven men
leaped Into the air and upset, crushing
the occupants beneath. The auto truck
was overturned and partly wrecked and
the driver hurled against the pavement.
Michael Hal pert, one of the seven men
under the automobile, was taken out
dead when the huge machine was lifted.
Two of his companions, Michael Lyman
and Harry Holprlen. were suffering from
broken legs and Internal Injuries Only
one of the other five victims escaped
with less damage than a fractured Umb.
Indian Chief Going to Coronation.
OTTAWA. May 22.-Chief Wedildaheld
of the Kitseias tribe is in Ottawa on his
way tc the coronation, carrying presents
carefully packed in elaborate Indian
fashion for "the great white father."
King Oeorge. The chief gift to the <c!ng
is a totem of the Kitaslas carved on slate
by the tribe's best artist.
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