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WEATHER. Showers this afternoon; cloudy and warmer tonight and Satur day ; south and southwest winds. The circulation of The Star, both daily and Sunday, is greater by many thousands than that of any other Washington newspaper. COXTAIXIXG Q?r PAOB 1H CLOSKtO XKW YORK STOCK QIOTATIO*S. No. 18.61."). WASHINGTON, D. C., FRIDAY, SEPTEMBER 15, 1911-TWENTY-TWO PAGES. ONE CENT. WILEY UPHELD BY PRESIDENT No Evidence Produced to Show That Chemist Con spired to Violate Law. SYMPATHY EXPRESSED FOR OFFICIAL'S EFFORTS Kebler and Bigelow Called Over zealous and Disingenuous. PERSONNEL BOARD REVERSED ? Long^Awaited Decision Regarding Employment of Expert in Pure Food Inves tigation. BEVERLY. Mass., September 15.?The resignation of Dr. Har vey W. Wiley, chief of the bureau f chemistry in the Department ?\t Agriculture, and probably the best known pure food expert in the government service, will not be asked for by President Taft, despite recommendation by the personnel board of the depart ment and indorsed by Attorney < ieneral Wickersham that it be requested. The "condign pun ishment" for Dr. Wiley, which Mr. Wickersham held to be neces sary, will not be meted out by the chief executive. The President's opinion, carrying no word of criticism for Dr. Wiley, but many a word of praise, was made public here today. There is no indica tion in it that the President feels that he ' turned down" Mr. Wick ersham by not accepting his rec ommendations. He explains that the Attorney General's findings in the case were made with less complete information than was before him when he took it up. i he President admits what has been well known to manv persons close to the administradon that there is trouble in the Depart ment of Agriculture. Speaking of the congressional inquiry into th^t department unfinished at the last session, but to be taken up again next winter, Mr. Taft says: "The broader issues raised by the investigation, which have a much weightier relation than this one to the general efficiency of the department, may require much more radical action than the question I have considered and decided." Serious Shake-Up Indicated. That this statement indicates a serious \ shake-up in the department next winter u.is freely predicted here today. There have never been any intimations that Scretary Wilson was disposed to retire, > and it is not believed here that the President would request him to do so. A general clean-up of affairs in the de partment, however, could easily be re quired by the President and carried through when he returns to Washington in November. The "Wiley case" arose over the em ployment by the bureau of chemistry of Dr. H. H. Rusby of N<*w York, pharma cognosy of the bureau. In effect Or Wiley. Dr L. F. Kebler. chief of the drug laboratory and Dr. W. D. Bigelow. assistant chief of the bureau, were charged with having conspired to pay Dr. Rusby a salary of $l,t>00 h year, with the tacit understanding that he was to do only enough work to secure this amount at the rate of *-_*0 a day. This was held to violate the act of Congress, approved March lit, l.VJS. which declared that no classified scientific Investigator should re ceive more than $:? a day. In addition to the recommendation thit Dr. Wiley be allowed to resign, the per sonnel board held that Dr. Rusby should he dismissed, that Dr. Kebler be re duced and that Dr. Bigelow be allowed to quit the service. None of these recom mendations is upheld in the President's opinion. Dr. Kebler Reprimanded. Dr. Kebler Is reprimanded for "disin genuous conduct" in his letter writing to Dr. Rusby, and the President says that the letters suggest a "willingness to re sort to evasion" that .alls for official reproof. I>r. Bigelow is held to have becn_ overzealous, ' and a reprimand by .Secretary of Agriculture Wilson, to whom the opinion, which is in letter lorm is directed, is ordered by the President. ",usb>; is,.h/'ld to be as Suiltless as Dr. \\ il"> in this particular matter, a charge against him, however, of securinc the appointment on the common -labor er s rolls of a physician and expert whom he could use to do his work it a very smari stipend when he himself was called away.' the President holds to be 110 especially creditable." The case the President says, has made apparent the "doubtful legislative policy of placing limitations upon bureau chiefs to exact per diem compensation for experts " The government he says, "ought" not to !>e at a disad\antage in this regard and one cannot withhold one s sympathy'with aii earnest effort by Dr. Wiley to im proper compensation and secure expert assistance in the enforcement of so im portant a statute 11s the pure food law ' certainly in the beginning, when the questions arising under it ure of capital Importance to the public." Tile President's conclusions, he says were ready weeks ago, but he did not put them on paper, because lie hoped for a Unie for the report of the committee of the House of Representatives that was Investigating the Department of Agricul ture. t THE PRESIDENT S LETTER. His letter reads as follows: "I return herewith the papers which you gave submitted to me in the matter of (.Continued on Second Page.> ' ?\ "% ? i Premier Likely to Survive Third Attempt on Life. LOYAL MESSAGE TO CZAR Wounded Man Sends Word He Is Ready to Die for Sovereign. OPERATION IS NOT NECESSARY Folio-wing1 Shooting in Theater, Orchestra and Singers Render Russia's National Anthem. i PREMIER STOLTPIN. KIEV, Russia, September 15.?.There ap pear to be grounds for the hope today that Premier Stolypin will for the third time survive the attack of an assassin. Fired upon at close range as he sat defenseless in his chair at the Municipal Theater last night, the premier escaped with two wounds, neither of which, It is said^is necessarily fatal. A dispatch sent to the premier's brother, Alexander Stolypin, at St. Petersburg, in the early morning stated that the patient's condi tion was "very satisfactory" and the surgeons had not deemed an operation necessary. Their tentative judgment was that the bullets had wounded the pleura and grazed the liver. A pulse of seventy j was recorded. Following his removal from the playhouse the wounded man slept for four hours, after which the flrst consultation was held. The assassination was attempted un der circumstances that lent themselves to a most dramatic scene. The would be murderer, who described himself as a junior member of a firm of lawyers and the son of a well known attorney and wealthy house owner. M. Bogroff, chos a moment when attention had been withdrawn from the stage and centered readily upon his first unex pected move. After Day of Festivity. The day had been one of festivities, in which Emperor Nicholas and others of the imperial family had participated. In the afternoon the emperor, with M. Stolypin and others of the cabinet, had witnessed the army maneuvers in the vicinity of Kopylow. Returning to the city, the party vis ited the Petchora hippodrome and wit nessed a review of 4.000 Boy Scouts from the Kiev Grammar School. This was at 5:30 o'clock. Meanwhile the populace been entertained with the trotting races and other public exhibi tions. The program was to close with a gala performance of the opera and bullet "Tsar Soltan," by Rimsky-Korsakoff, the late composer, and professor of the St. Petersburg Conservatory. Admission to the Municipal Theater was by card, and these permits had been issued with great discrimlnatloh to leading citizens. At II o'clock tiie curtain rose. The Imperial box was occupied by Emperor Nicholas, the heir apparent, Grand Duke Alexis, aged seven years, and the emperor's daughters, the Grand Duchesses Olga Tatiana, Maria and Anastasia. Premier in Front Row. In the front row of the pit, directly at the rear of the orchestra, were seated Premier Stolypin and his associates In the ministry. The opera progressed until the curtain fell on the second act. Dur ing the intermission Premier Stolypin, leaning his left aim upon the orchestra fence, had turned his face to the right .ouard the center aisle, as he conversed with tiie minister of war, Gen. Soukhom llnoff, and Count Potocky. A jouni; man in evening dress moved quietly down the center aisle, approached the row occupied by the ministers, and appeared to accost M. Stolypin. A sec ond later he swiftly drew a revolver from his coat anil emptied it seemingly point blank at M. Stolypin. As the reports of the shots crashed through the house there was a wild cry from the spectators, who rose to their feet simultaneously, many of the women immediately sinking into their chairs faintingiy. The vast crowd seemed panicstricken. Emperor Nicholas, at the sound of the first explosion, spransr from his chair ami, stepping to the front of the imperial box, stared in the direction of the wound ed premier. With a quick realization of what had occurred, his majesty ordered the orchestra to play the national anthem. Shows Great Composure. The coolest ligure in the tragedy was that of M. Stolypin, who was twicc wounded. One bullet had entered the right breast and the other the right wrist, probably as he had raised his arm In de fense. With great courage he summoned his waning strength, and rising, faced the imperial box, lifted his wounded arm and made the sivn of the cross toward his majesty. Then he dropped into his seat. Hefore Gen. Soukhorrlinoft couid assist him the premier removed his uniform coat and attempted to examine his In juries. Meantime there was the wildest con fusion, in the midst of which Begroflt slipped toward an exit. Before he could reach it, however, he was seised, thrown to the floor and trampled under foot. The police succeeded in controlling the situ ation and gave BegrolT the protection ol a prisoner. After the premier had been given flrst aid he was taken from the theater. As he was carried down the aisle he wit nessed a remarkable demonstration ol loyalty. While, responding to the com mand of tiie emperor, the orchestra played the national anthem, the curtain (Continued on Tenth Pag*T) PLEA OF THE STATES Governors Discuss Proposed Appeal to Supreme Court. HARMON WILL ACT AT ONCE Denies There Is Anything Revolu tionary in Step Planned. HAS NOT BECOME RADICAL Animated Debate in the Conference Over Judge Sanborn's Bate Decision. SPRING JjATCE. X. J., September 15.? j The newly appointed committee of three } governors. to present, on behalf of twen | ty-four states, a plea to the United States ; Supreme Court for protection of state's rights, met in executive session here to day. Gov. Harmon of Ohio, the chair man, changed his mind over night, and ; dec ided to map out at once a line of pro cedure. He was especially desirious, he | said, of conferring with his colleagues. Govs Hadley of Missouri and Aldrich of j Nebraska, before his departure at noon for Knoxville, Tenn. "The proposition is a matter of fact one, he said. "The states are vitally in terested, and there is nothing radical or revolutionary in their taking their plea before the Supreme Court. "As to the method in which it will be done, I cannot see that it should cause surprise. The governor is certainly the representative of the entire state, and, by virtue of his office, is intrusted with the duty of seeing that the state's interests are protected. "Some folks may say that I have be come radical, but. as a matter of fact, I am simply pursuing the policy which I have advocated for years, the, policy of protection for states' rights." The governors' conference met In ex ecutive session this forenoon, and de cided to hold Its next annual conference at Richmond, Va., December 3, 1912. Rights of States Usurped. Declares Governors' Confab SPRING LAKE, N. J., September 15.? Governors of twenty-four states of the Union, in conference here, voted yester day afternoon to unite In protest to the United States Supreme Court against what they consider an invasion of the states' rights by th? inferior federal! courts. The decision of Judge Sanborn in the Minnesota rate case is the particular "in vasion" to which the governors object. Judge Sanborn of the eighth federal judicial district, in deciding the Minne sota rate case against the members of the Minnesota state lailway commission, pointed out that the necessary effect of the reductions ordered was substantially to burden and directly to regulate Inter state commerce, to create unjust dls-| criminations between localities in Minne-| sota and those in adjoining states in vio lation of the commercial clause of the Constitution, and to take the properties of the railroad companies without just compensation, in violation of the four teenth amendment to the Constitution. Judson Harmon, democratic governor of Ohio and former Attorney General of the United States, will head a committee of protest. His colleagues will be Herbert S. Hadley, governor of Missouri, and Chester H. Aldrich. governor of Nebras ka, both republicans. The motion to ap point such a committee to voice the views of the conference was made by Gov. Emmett O'Neal of Alabama. Action was declared unanimous, although Gov. Wil liam W. Kitchin of *\orth Carolina, the twenty-fifth delegate, who alone opposed it, did so. he said, solely because it would be a departure from precedent. Denunciation Arouses Enthusiasm. Gov. Aldrich's ringing denunciation of what he termed the invasion of the func tions and rights of the states by the minor federal courts, heard during tho forenoon session, provoked enthusiastic applause, and was followed in the after noon by an address by Gov. Francis E. McGovern of Wisconsin, upon the same topic. Gov. Hadley of Missouri also up held the right of the state to fix intra state traffic rates. With the subject fresh in mind, the governors debated the question for an hour or more. 'Tills is a measure of vital importance to the states," declared Gov. O'Neal, "and as such It should be dealt with by the states through their chief execu tives. The states ought to act in union and voice the indignation of the entire people of the country before the United States Supreme Court. 1 think that we ought to appoint a committee to repre sent us before the court." "Why don't you put that in the form of a motion?" asked Gov. James Haw ley of Idaho. Conference Appoints Committee. "I move, Mr. Chairman." was the re ply of the Alabama governor, "that this conference appoint a committee of five governors to take such action as may be necessary before the United States Su preme Court to see that the rights of the states are properly protected." It was decided to appoint a committee of three. Gov. Hadley of Missouri sug gested that Gov. Harmon of Ohio be ap pointed chairman of the committee. Gov. Stubbs embodied the suggestion in his motion, and included Gov. Hadley and Gov. Aldrich as the two other members. Plans of the Committee. Gov. Aldrich said last night that the members of the committee win go before the Supreme Court In their capacity as governors and plead that the Inferior fed eral courts are meddling dangerously. They will ask the Supreme Court to upset Justice Sanborn's decision In the Minne sota rate cases now before the Supreme Court on appeal, and will be prepared, he said, to lay before Chief Justice White and the associate Justices evidence ' that Justice Sanborn decided the case against a preponderating weight of expert opinion and ? inclusions. Argument will be made by all three, said Gov. Aldrich. The com mtttee hoped, he said, to get a reversal in the Minnesota cases, but its chief aim was to Impress the Supreme Court that states' governors aroused over tne nullifying by federal courts of states' rights. Chile Feels Earthquake Shock. IQUIQUE, Chile, September 15.?An earthquake was felt here today. The walls of ?%n*ny buildings were cracked and sever%| persons were injured. SEPTEMBER 15. IS CAUSING ALARM Spanish Government Is Ready to Combat All Disorderly Outbreaks. MADRID, September 15. ? The strike situation in Bilbao and throughout the province of Biscay grows more alarming with each day's developments, despite the vigorous measures resorted to by the government. Matters now have been ag gravated by the depletion of the food supply by the tie-up of the transporta tion system. Moreover, the movement as started in Bilbao is spreading to other centers. Disturbances of a like character to those which necessitated martial law and the suspension of the constitutional guaran tees in Bilbao are reported with increas ing frequency from the far distant south ern provinces of Malaga and Sevilla, as well as in the neighboring province of Guipuzcoa. To Take Strenuous Measures. The government is resolved to combat all these disorders energetically, particu larly because of the revolutionary aspect given to the situation by the agitation of the socialists and republicans. Pre mier Canalejas is credited with saying that he will send the whole army to re press the troubles If circumstances de mand it. There are at ? present 74,000 men serv ing with the colors and available if the situation requires wholesale measures of repression.. At the same time Canalejas declares there is no intention to extend the supension of constitutional .guaran tees to any other cities or provinces. It is stated that the military investi gation at Bilbao showed that the revo lutionary leaders had planned a general simultaneous uprising throughout the country. Their plan appears to have failed completely, except in a few cities. SUSPENDS DIEGLE'S SENTENCE. Convicted Sergeant-at-Anns of Ohio Senate Gets Temporary Stay. DAYTON, Ohio, September 15.?Jtidge Allread of the circuit court today granted . a suspension of sentence in the case of Rodney J. Diegle, the convicted sergeant at-arms of the Ohio senate, until the court can pass upon a writ of error in his case. The court declined to issue an order in creasing Diegle s bond, which the state asked. ARMY OF POTOMAC REUNION. Many States Are Represented at Providence Meeting. PROVIDENCE, R. I.. September 15.? Members of the Society of the Army of the Potomac held their annual re union here today, many states being represented. Following a reception there was a public meeting, with an address of welcome by Mayor Fletcher. A ban quet was arranged for tonight. Aeroplane Capsizes; Injures Aviator.* VERDUN, France. September 15.?The machine of M. Nieuport, a trench avia to who has been serving as a sapper with the 6th Corps in the French army maneuvers, was caught in a gust of wind as the airman rose for a flight this afternoon and was capsized. The aero plane was smashed. M. Nieuport was unconscious when taken out of the wreckage, and it is feared that he is injured Internally. On being carried to the hospital the injured man regained his senses. Situation in Chinese Province Calls for Imperial Action. Missionaries Safe. PEKING, September 15.?An imperial edict issued today admits that the situa tion in the province of Sze-Chuan is very dangerous, and orders Tsen Chun-Suan to proceed thither immediately. Tsen Chun-Suan formerly was viceroy of Sze Chuan and Kwang-Tung, and has the reputation of being a ruthless suppresser of rebellion. Effort to Raise Siege. Tuan Pang, the director general of the Hankow-Canton and Hankow-Sze-Chuan railway, is instructed to devise measures for raising the siege of Cheng-Tu, the capital of Sze-Chuan, at once. According to Chinese reports, 2,000 modern troops who are outside Cheng-Tu refuse to Join either side. The British river gunboat Widgeon is leaving Sul-Fu for Kiating today. Missionaries Reported Safe. LONDON, September 15.?A message re ceived at the headquarters of the China inland commission here today states that all the missionaries of that body and Its buildings in the province of Sze-Chuan, China, are safe, according to the best information obtainable telegraphically at Shanghai. "On a Dessert Island" "Five thousand bushels of rice cooked in one vast quantity * * ? At least I was not to starve while my strange Island held together; for the sea water had salted it, the sugar had sweetened it, the eggs had enriched it, the very cases of spices'~nd lemon and vanilla had flavored it. I was floating on a cooked continent of rice pudding." Roy L. McCardell tells the story. Tt is entry No. 51 in our prize etory competition. Il lustrated bv Joseph Clement Coll. Four Other Prize Entries. will appear in our next Sunday Magazine. They- are: "A Corner in Lilies," By Mary E. AVilkins Freeman. "The Guest of the Heart's Desire," By Eileen Moretta. "The Yellow Ticket," By E. F. Benson. "The Story of Little Lady," By El Comancho. In the Next Sunday Magazine of The Sunday Star \ FRANCE AWAITS REPLY ? in Morocco mm Belief General in Berlin That Germany Will Accept Some of the Proposals. PARIS, September 15.?'The foreign of fice awaits quietly the presentation bjr the French ambassador, M. Cambon, of the French reply to the latest German note concerning Morocco. There is no reason to expect a response from Berlin before four or five days have passed. BERLIN, September 15.?The belief is general here that Germany will accept some of the counter-proposals contained in the French note, now under considera tion at the foreign office. That Germany will grant France free political sway in Morocco, which is the crux of the ne gotiations, is doubted, and, therefore, public anxiety is but little relieved. It is widely doubted that France will agree to any settlement that does not provide for her political supremacy, re gardless of what minor issues Germany may be willing to accede to her rival. Has International Aspect. The situation has assumed an even more imposing international aspect. Great Britain, Spain and Russia have been vi tally concerned from the start, and now Italy and Turkey are watching the trend of events closely. Italy's concern is Tripoli, which is still a part of the Ottoman empire. The Ital ian press is clamoring for the occupation of that place, tout the government stead fastly refuses to take such action until the Franco-German negotiations are con cluded. The Berlin bourse yesterday suffered a sweeping decline in prices. Quotations fluctuated at every warlike report re gardless of its origin or authenticity. The withdrawal of French gold continues at an alarming rate. TOKIO, September 15. ? There was a fiurry of excitement in Tokio today when news was bulletined about the streets that the German army had attacked the French. The rumor came in special dis patches from New York, and was denied after it had enjoyed a brief existence. WEATHER DELAYS WARD. Cross-Continent Aviator Held Up at Callicoon, N. Y. CALLICOON, N. Y.. September 15. James Ward, who Is attempting to fly from New York to San Francisco, said at 11 o'clock this morning that he would not leave here, where he alighted last night, until the weather cleared. It rained steadily all the moriijng, and the prospects were not bright that the young aviator would get away before mid afternoon, if then. Ward hopes to be able to cover the few miles to Susque hanna, where his wife is awaiting him. before night. COW ON ANNUAL SPREE. Animal Becomes Intoxicated From Overeating Sour Apples. THOMASTOX. Conn., September in.? The authorities at Campville, near here, report an unusual case of intoxication, the* victim being a blue ribbon cow owned by a farmer there. The cow's downfall is said to have been due to over-indul gence in sour apples. She was discovered staggering along the state road, trying to cut capers of varied description. Her owner stated that the spree is an annual performance ?for the animal. Cracksmen Get $320,000 From the Bank of Montreal. BLOW OPEN SAFE DOORS Enter Vault by Digging Hole Through Brick Wall. WORK OF EXPERT YEGGMEN Police Believe Same Gang Has Been Working at Vancouver?Watch man on Vacation. NEW WESTMINISTER. B. O.. Septem ber 1.%.?Three hundred and twenty thou sand dollars in rash was stolen from the Bank of Montreal early today. The robbers escaped. Three men entered the bank by an tin protected little window in the reai, dug through the brick wall into the vault, wrecked the cage door and blew open the 'safe and took approximately J.'VJO.OOO in gold and bills. They left J'JO.OOO in gold on the bed where they had piled their loot and about JSO.OOO more in the safe. The first known of the robbery was when a Chinese caretaker appeared at the police station at 5UIO o'clock and gave the alarm. Escaped From His Bonds. He had managed _to work loose from the bonds with which he. had been tied, after the robbers had departed. Chief of Police Bradshaw hurried to the scene, and all of the available offi cers were pressed into service, but the only available clue was that given b> the Chinaman. From the thoroughness of the job and the tools with which the work w;is done the local officers l>eleieve the same gang which has been at work in \ an eouver turned the work here. It Is impossible to say just when the men effected their entrance into the bank, but it is presumed that it was some time about 4 o'clock this morning, for when the Chinese janitor arrived shortly after 4 o'clock to clean up he found the three men had been doing a little cleaning up on their own account, and before the Chinaman could give the alarm lie was sandibagged and gagged and tied to a chair. Leave $100,000 Behind. Then the robbers proceeded to collect the gold and bills in the vault, and left the building some time before ?"? o'clock, taking more than a quarter of a million with them, leaving about fllK>,?XH) in the vault behind. That the robbers are still in the vicinity is apparent by the tinding of a powerful automobile stolen from T. J. grappa garage, broken down in front of the jl. M C. A. building. It is thought the rob bers started to get away in the machine and then had to abandon it. Usually tiiere is a watchman on the premises, but he was on his vacation It is evident the robbers knew of this fact for in his room the loot was tied up, and blankets from his bed were used to deaden the noise of the explosion. After a survey by bank officials soon after 10 o'clock today it was officially staged that the robbers got away with at least $3*JO,OUO. DEATH IN CLOUDBURST Lives Reported Lost and Prop erty Damage Is Great in Vicinity of Pittsburgh. PITTSBURGH, September 15.?Damage estimated at *100,000 was done and a num ber of lives were reported lost in a cloud burst which swept Etna, Sharpsburg and Mlllvale. suburbs of Pittsburgh, early to day. Tracks of the Baltimore and Ohio railroad were washed out and all trains to Butler and Newcastle have been an nulled. Main line trains are being sent over the Pittsburgh and Eake Erie railroad to Newcastle Junction. The water tore through the streets of Etna in a torrent, carrying great masses of debris down stream. It lodged against the Baltimore and Ohio railroad bridge, and search is being made for persons be lieved to have been swept down In the flood. Two hundred workmen were caught at the Spang-Chalfant mills, and hung sus pended from the rafters of one of the buildings until the waters receded or they were taken off in boats. At Harmony, Pa.. John Adams, an ash wheeler of Evans City, was thrown from a car of the Pittsburgh. Harmony, Butler and Newcastle railroad when it plunged into a washout and he was killed. Heavy Fall of Bain. The storm was general throughout western Pennsylvania, but the principal damage was in Allegheny county, 'ihe precipitation at Pittsburgh from 10:30 o'clock Thursday night until 10 o clock this morning was ".08, while at Beaver Falls 4.00 was reported. Highway bridges were washed out, and railway traffic held up. At Millvale scores of people were com pelled to flee for their lives, and in the Turtle Creek valley conditions early be came dangerous. Water poured over a retaining wall ana flooded the power plant of the W estlng house Electric and Manufacturing Com pany. throwing several thousand of employment. At Glenshaw a "'""be. of manufacturing plants were and at Sewickley a reservoir of the water works system broke, causing some dam age Manv houses in Emsworth, nearb>, blocked ,h* .rack, of the Pittsburgh. Fort W avne and Chi cago railroad at Bellevue, and there was six feet of water on the tiacas o. the Pittsburgh, Bessemer and Lake Erie rail road at Greenville when the Shcnango river overflowed and a reservoir went out Sixteen trains were held up mere ror hours today. Telegraph and telephone service is badly trippled. many missionaries start. Large Party Is Sent Out by Baptist Society. BOSTON, Septernber 15.?The largest party of missionaries yet sent out by the American Baptist Foreign Mission ary Society left Boston today on their way to foreign fields. The group numbered thirty-five, and of these Rev. and Mrs. D. G. Graham. New York; Rev. and Mrs. F. N. Smith, New York, and Rev. and Mrs. J. C. Jensen of Idaho were bound for Cheng Tu. China, at present in a s**te or revolution. . -? WOULD OUST DANTE Mrs. Hutchins Wants New Trustee for Husband's Cash. FILES CHARGES IN COURT Alleged Misrepresentation of Finan cial Condition of Estate. OTHER ACCUSATIONS MADE Suit Follows Failure to Secure . Court's Order for $2,500 Monthly Allowance. The promised surprise In the Stilson Hutchins case 'as sprung today. Justice <?ould having declined to tak* up. in va cation, the hearing of the petition of Mr.? Hutchins for an order on Trustee Dante to pay her the allowance of month ly recommended by Auditor Pent. 4?irs. Hutchins filed suit, as next friend of her tiusband, for the removal of Mr. Dante and the substitution of another trustee for the estate of Stilson Hutchins, val ued at $r:.ono,o<n?. Justice Gould has declined to grant an immediate allowance to Mrs. Hutchins. and issued a rule on Trustee I?antc to show cause next Tuesday why such an allowance should net be made. Misrepresentation of the financial con dition of the estate and violations of the termst of the deed under which he holds title to the Hutchins millions are alleged against Mr. Dante. Mrs. Hutchins de clares the trust provisions required Wil liam J. Dante to hold the estate of Stil son Hutchins until the latter's death and turn same over to the executors of Mr. Hutchins. The alleged violation of this provision, it is charged, consisted In the transfer to Lee Hutchins of shares of the stock of the V. G. Fischer Art Com pany. valued at SlTi.ono, and 14."? shares of the Columbia Peanut Company, estimated at $70,000. Mrs. Hutchins says the trustee reported in a statement to her husband that the Incumbrance on a portion of the real estate owned by him was only JIVMHIO, hut in a later statement before Auditor Dent increased the incumbrance to $175, 000. To Establish Jurisdiction. By means of the new suit counsel for Mrs. Hutchins expect to overcome the objection that the court is without juris diction to decree an allowance to Mrs. Hutchins under the old proceedings. To cure this defect, inasmuch as it relates to the maintenance of the wife, the court is asked, in the new suit, to direct an allowance for both Stilson Hutchins and his wife while the court is considering the request for the temoval of the trus tee. Declining to pass judgment on the re quest ' of Mrs. Hutchins that Trustee Dante relieve her pressing financial needs. Justice (Jould proceeded to gi\*e what he called "paternal advice" to Trustee Dante. He advised all parties to declare an ??armistice," pending the determina tion of the litigation, and suggested to the trustee that he need have no fear that the Equity Court would fail to protect him if he advanced money to meet the living ex. penses and requirements of Mr. Hutch ins' household, according to the latter'a financial standing. The court also sug gested that if there was any money on hand the trustee should liquidate ths claims of creditors. Folliowing tlie court's suggestion for an armistice. Attorneys Gittings and Cham berlin, for Mrs. Hutchins. approached Trustee Dante and the latter's attorney. E. C. Brandenburg, in the corridor of the courthouse with a proposition that a tem porary allowance of $"J,0?n> monthly be granted Mrs. Hutchins pending litiga tion. Proposition Rejected. Mr. Dante's counsel declined to enter tain the proposition, until the court would take jurisdiction of the case, which right of the court has been questioned by Wal ter S. Hutchins. son of the financier. In the face of a notice to Mr. Dante from both sons of Stilson Hutchins to hold the trustee personally liable, Mr. Brandenburg declared he could not see his way clear to advise his client to exceed the limitation placed on the trus tee by the deed in trust executed by both Mr. and Mrs. Hutchins. Failing to effect a compromise or armistice. Attorneys Gittings A: Cham berlin proceeded to file suit against the trustee, alleging misrepresentations by the trustee of the condition of the estate and so-called violation of his trust. Mental Condition of Husband Cited. Mrs. Hutchins alleges as reason for instituting proceedings in her husband's stead as next friend that he is mentally and physically incompetent to transact any business whatever. She also joins in the suit in her own right as his wif? and entitled to maintenance out of his estate Jn conformity with her husband's financial condition. After setting forth the terms of the deed in trust requiring the Hutchins estate to be held intact until the death of Stilson Hutchins. and the circumstances sur rounding the making of the deed. Mrs. Hutchins. in her new suit, details the proceedings had in the lunacy case brought against her husband and the rec ord of events growing out of the applica tion of Trustee Dante to seek the aid of the court in the administration of his trust. . . The answer of the trustee to her peti tion for an increased allowance, Mrs Hutchins says, contained statements re garding the income from the estate which she characterizes as untrue. Mrs. Hutch ins also attacks the right of the trustee to pay off certain Incumbrances which she claims are not primary obligations of her husband and for which his personal estate is not liable in law. Expenditures Without Leave Alleged Another charge made against the trus tee is that although he has attempted to place his trust under the guidance of the court he has proceeded to make ex penditures without asking leave of that tribunal. Darge sums of money have been thus expended, Mrs. Hutchins says, from the income of the estate In unneces sary and extravagant repairs. The trus tee is also declared to have made pay ments since January 1. 1911, to persons to whom he had no written authority to make payment. ? Among the latter payments. Mrs. Hutchins states, on Information and l>e lief, are premiums on the life insurance of the son, Walter Hutchins. Mrs. Hutchins recites, also, the clamor ing of creditors for payment and the threatening of suits which cannot be al leviated by her husband because of his mental and physical condition. In conclusion Mrs. Hutchins tells the court she has lost confidence In Trustee Dante, and does not believe he should be allowed to continue in the charge of the extensive estate of her husband. She MkTfor a rule on the trustee to show cause why he should not be removed and ?why he should not pay over a sufficient sum for the maintenance of herself and husband pending action by the cqprt <m the removal petition.