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Evening star. [volume] (Washington, D.C.) 1854-1972, January 23, 1912, Image 2

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The defense reserved tba right to re
call Dr. Prtt?> r^iw.
Dr. CharJas 8? fM>> w*9 ***
and testified ? pBrfOTOl|^ ?n
on tli* body of Hrt MacDonaM. descri
ed the wounds and the course the bu -,
1Ptl^emueI FugUt. an attorney. *?
saw part of ?J<; trwedjr hI
of his room in $* Oetarado bmfldin*. H?
said he Maw VarCnp^d "tandtoS over
the nmn'1 body, apparently ta dew
thonght. He walked out Into the corn
dor touched MacDonald on the arm. and
said: "Give me that revolver. Mac
Donald compiled, he said. *nd11h? **"
anilned it before giving It to a P?ilcemf?
Me later obtained the weapon from tne
officer. he said, and further examined it.
He positively identified the revolver as
the one used by the defendant.
Mr Fugitt said he noticed the smell or
liquor on MacDonakl's breath and that
the fumes were strong.
Incidents Following Shooting.
(;ordon R. Cowle, emrployed In the Colo
rado building, corroborated in the main
the testimony of the preceding witnesses
as to what occurred immediately after
the shooting.
Frederic M. Smith, an advertising man
who was in the building at the time of
the shooting, told clearly of MacDonald s
actions following the shooting, and the
conversation previously testified to be
tween MacDonald and his wife's sister.
Mrs Billopp. .Mr. Smith said MaoDonaKt
appeared quite calm, but had the appear
ance of having drunk to excess.
Carlton S. Proctor, a student of civil
enarineering at the Maryland Agricultural
College, cave a somewhat different ver
sion of the conversation between Mac-1
I >onald and Mrs. Billopp. saying the wom
an cried, "You've killed my sister; you ve
killed my sister, and I'll see you hang for
1t " Witness said MacDonald replied,
? You bet I did. old girl, and I may hang,
tout I'll get you first "
Charles J. Collins, the next witness,
pave a still different version, when he
testified t lat MacDonald replied to Mrs
lilllopp s accusation that he had killed
her sister by saying. "Yes, ?
you. I killed her. and it's too bad it
wasn't you. as you are the cause of all
our trouble."
II. II. Warner, who said he was a medi
cal student and real estate agent at the
time of the shooting, said he endeavored
to give the wounded woman some relief
until Dr. Price arrived.
Policeman on Stand. *
YV. J. Craemer. the crossing policeman
at 14th and G streets, who answered the
calls for help, told of arresting Jflac-Don
ald, and identified the revolver as the
one turned over to him by Lemuel Fu
gltt. He said he showed MacDonald the
revolver and that upon asking him if it
was his MacDonald replied. "I guess so."
He testified to taking MacDonald to No.
1 precinct, and said the prisoner said,
upon being locked up In the cell, "Offi
cer, you wouldn't blame me if you knew
all about this."
Craemer recited the Incidents of the
arrest and. upon examination of car
tridges offered as evidence, said he
thought they were the same he had
taken from the pocket of the prisoner's
coat at the time he searched him at
the station. Witness said MacDonald
appeared nervous when arrested, but
did not show any evidences of having
been drinking.
At the conclusion of Policeman
Craemer's examination at 12:30 o'clock,
the court ordered a recess for luncheon
until 1:15 o'clock.
All through the examination of the
witnesses, the defendant. MacDonald sat
upright in his chair and gave little evi
dence of appreciating he was on trial for
his life, save by nervously playing his
hands over his lips or tapping the back
of the chair of one of his attorneys.
Only two or three times did he speak
with his lawyers. Although he watched
the faces of the witnesses, his eyes never
remained fixed in any one direction very
long, ranging from the ceiling to the
floor and from wall to wall.
Knew Him at Fort Myer.
The first witness to be examined after j
the convening of court this afternoon, fol
lowing the luncheon recess, was William
Messer. a memtoer of the metropolitan
pelice force. Messer testified he first
knew MacDonald at Fort Myer some
yearn ago. when he was connected with
the Hospital Corps of the army. He said
he Interviewed MacDonald several times
in his cell at the first precinct police sta
tion. tout that MacDonald refused to dis
cuss the shooting.
Sergt. Evans, also of the police force,
testified to having Interviewed Mac
Donald in his cell at the police station
the day of the murder. He said Mac
Dona. d refused to tell him his correct
name, and refused his requests to notify
his friends. He told the officer he had
purchased the revolver with which he
did the shooting at a time when he was
employed as night freight clerk, and for
the purpose of defending himself in his
duties, if necessary.
Sergt. Evans testified he smelled liquor
on the breath of MacDonald and that the
prisoner looked dissipated and acted as
though he were under the influence of
Mquor. This was when he interviewed
him in the afternoon YYrhen he saw him
again, later in the evening, Sergt. Evans
testified. MacDonald was nervous and in
clined to be hysterical.
Harry M. Siligieton.ta pawnbroker, with
the Col'ateral Loan Company, was the
next witness called. By his records,
which were produced in court, witness
identified revolver that was pawned May
It'll, for $-'50 and redeemed May 20.
fourteen days later.
The pawn ticket and record contained
in the book were offered as ev dence by
the prosecution. Singleton said he could
not id ntify the man who redeemed the
Orvllle Chase, a clerk in the employ of
the Collateral Loan Company, was next
called. He testified he officiated at the
pawning and redemption of the revolver,
but could not identify any parties to the
John M. Rseder, formerly a member of
the I'nited States Army, testified he knew
MacDonald for three years, from MX>2 to
3906. when the latter was stationed at
Fort Myer In the capacity of clerk. Rae
der testified that in a conversation he had
with MacDonald in 1905 the latter told
him his name was Gillette and that he
had a wife and child living In New York.
Raeder said he was absent from the city
for a number of years, but again saw
MacDonald upon returning, and Inter
viewed him after his arrest. He de
clared MacDonald seemed nervous, but
apparently not under tfce Influence of
Uquor. An attempt on the part of the
lawyers for the defense to show through
the" witness tliat MacDonald had drank
heavily from February up to the time of
The shooting was objected to by Mr.
Proctor, who was sustained.
Twenty-Seven Are Injured on Cana
dian Northern Express.
COTE, Saskatchewan, January 23.?
Twenty-seven persons were injured when
the Canadian Northern railway's Edmon
ton to YVInuipeg express went over an
embankment here today. Cote Is 273
miles* northwest of YY'innipeg.
Kentucky Legislature Would Like
to See Him President.
FRANKFORT. Ky., January 23. ? De
t luring that Henry Watterson is Ken
tucky's choice for the democratic presi
dential nomination, members of t e lower
house of the Kentucky legislature to Jay
put through with a whoop a resolution
inviting Mr. Watterson to address the
house at his pleasure.
Mr. YVatterson is now in Washington,
and had Intended leaving next week or
Florida to spend the remainder of the
Japan a Rival in Base Ball.
Japan proposes to battle with America
for supremacy on the base oall diamond.
The mikado's army is sending a team
from Tokio to the Pliilipplnes to engage
In a series of games with the American
?oldiers there, and Brie. Gen. J. Franklin
Bell, commanding the Department of the
Philippines, has asked the War Depart
ment for authority to dispatch a squad
of army players to Tokio to return the
visit. It Is expected that the soldiers
will knew the War Department's decision
ItiUUn a few daya.
Federal Court Judge Refuses
to Quash Indictments.
Scheduled for Trial, Following the
Order of Beinstatement.
Standard Oil Opinion by Supreme
Court No Bar to Prosecutions
Under Sherman Act.
DETROIT, Mich., January 23.?United
States District Judge A. C. Angell today
denied the motion made in behalf of the
Colwell Lead Company of New York to
quash the indictments in the government's
criminal case against the "bath tub"
trust. This reinstates the case, which is
scheduled to come up for trial here Tues
day, January 30. There are about two
score defendant*.
Referring in his opinion to the Standard
Oil decision, Judge Angell said:
"I see no reason to suppose that in de
livering" its opinion in the Standard Oil
case the Supreme Court of the United
i States intended to render impossible crim
i inal prosecutions under the Sherman act.
and I am unable to conclude that it did
render them impossible.
Supreme Court Buling.
"The Supreme Court held that the
words contract, etc., in restraint of trade
were not to be interpreted with literal
strictness, but reasonably In the light of
common law.
"The act does not leave a citiaen with
out any standard by which in advance of
a verdict or decree he may determine
whether his action will amount to rea
sonable restraint of trade.
"On generally settled principles all con
tracts whose sole or main aim and pri
mary object Is to stifle competition, en
hance prices and promote monopoly are
unenforcible and void.-"
"il tne class ol contracts which are
unenforcible because in restraint of trade
is reasonably certain, and if the act as
interpreted forbids the making of con
tracts of that class, there is reasonable
certainty as to what is forbidden by the
Contracts Void Under Law.
?If the act is now to be understood to
mean that such contracts are forbidden
as are void upon established legal prin
ciples apart from the act itself, it can
not properly be said that guilt or inno
cence depends upon nothing but the de
termination of the tribunal before .which
after the event a person may be tried."
As to averment that the indictments
do not state that the alleged restraint of
trade is unreasonable or undue, Judge
Angell said that the indictments set out
facts showing that the alleged restraint
was unreasonable and that the defendant
was fairly advised as to what ic has to
meet at the trial.
Upon the contention of the defense
that no overt act after the alleged
completion of a conspiracy was shown,
Judge Angell ruled that the facts pre
sented as overt acts could fairly be
considered as acts done in pursuance
of the combination or conspiracy al
leged to have been completed.
"It it should be shown," said the??
couMk "that no combination or con
spiracy was completed prior to the
date" alleged as the date of the per
formance of overt acts a serious ques
tion may have to be met as to the
jurisdiction of this court."
Decision on Immunity Flea.
The Immunity plea was commented
upon briefly by Judge Angell as hav
ing been already disposed of by Judge
Denlson in the local federal court.
On the contention that no competent
evidence was presented before the
grand jury. Judge Angell said:
"Without entering into any discussion
of the question how far a court may look
Into the proceedings of a grand jury, the
presumption is in favor of the action of
the grand jury, and there is no showing
that competent evidence was presented
to warrant the quashing of the indict
Grosvenor to Prosecute.
Edwin P. Grosvenor, special assistant
to the Attorney General, will leave Wash
ington within a few days to take charge
of the prosecution of the "bathtub trust"
case at Detroit.
Department of Justice officials were
elated at the failure of the defendants to
have Indictments quashed.
In Bockville Attended . by Bride,
Whose Age He Is Accused
of Falsifying.
Special Dispatch to The Star.
ROCKVILLE, Md., January 21.?Fred
Hudson Byrne, who eloped to Rockville, j
Md., Tuesday and was married to Miss.
Annie Sue Linton of Areola, Loudoun
county, Va., and who was arrested in
Loudoun county yesterday on a warrant
sworn out by the young woman's father,
charging him with perjury in swearing
to her age as nineteen years, when, In
fact, she is but fifteen years old, was
arraigned in Rockville this morning be
fore Acting Police Justice Edward O.
Edmonston, and furnished J200 ball for
his appearance in the police court for a
preliminary hearing January 3L John A.
Garrett, his attorney, became his surety.
Byrne was arrested in Loudoun county
by Deputy Sheriff Jay Lambert, who
brought him to Washington yesterday,
where he was surrendered to Sheriff
Howard of Montgomery county, by whom
he was taken to RoAkvllle. He was not
placed in jail, but kept in confinement
in a room at the hotel over night to in
sure bis appearance this morning.
Young Wife Follows Him.
Byrne was followed by his young wife
to Rockville today, and after he had
furnished ball both left Rockville to
Attorney Garrett said to The Star cor
respondent that the young woman ad
mitted this morning that she was but
fifteen years of age, but Insisted that
her husband did not know It, believing
she was nineteen.
He said she claimed not to have been
well treated at her father's house, and
of her own accord, taking advantage of
"leap year," she went to Byrne and asked
him to marry her and take her away.
She declares she will cling to her hus
Fails to Attend Hearing.
Theodore J. Linton, the girl's father,
who swore out the warrant charging
Byrne with perjury, did not appear at the
hearing today. He said when the war
rant was sworn out, it is claimed, that
when the warrant was served be was
satisfied his girl would return to his
home. It appears from her action today,
however, that he was mistaken In this.
Presents Hit Credentials.
George T. Weitsel, the American
mlnistcft to Nicaragua, presented his
credential* yesterday afternoon.
Conditions Near Central High
School Deplored.
Tells W. C. T. U. Crime Is Openly
Committed in Street.
Other Matters Discussed at Conven
tion?Lecture on "Lord's
Supper in Art."
Characterizing1 scenes, particularly Sat
urday nights, in the section of the city
in the neighborhood of the Central High
school as a "disgrace to any city" Mrs.
D. B. Street, secretary of the District
Home Missionary Society, started an
active campaign for a better and more
orderly city today at the quarterly con
vention of the District W. C. T. U., at the
North Capitol M. E. Church.
Following Mrs. Street's appeal for bet
ter morals in the District, Mrs. Margaret
Dye Ellis and Or ton E. Darn all, presi
dent of the Curfew Club, launched an
other light in behalf of a curfew lajr for
Washington, to be urged on Congress by
the W. C. T. U., the enactment of a child
bureau law and other legislation to pro
toot the young children of the capital.
An audience that crowded the church
plclged to the speakers their support In
these matters, and agreed to unite as one
in working for legislation that will bene
fit Washington morally.
Mrs. Street started the ball rolling when
sl-.e turned from national vice to local
trouble, and declared that Washington
stood out prominently as the capital of
the nation and should be an object les
son to the rest of the country. She de
clared that any night in the week, and,
particularly Saturday evenings, a person
had only to stand on a corner of 7tb
street marked by saloons and loungers and
see vice and crime committed openly in
the streets.
Calls It Disgrace.
"It is a disgrace to the city," Mrs.
Street asserted, "and the women of
the city should rise up and do something
about it, certainly for the relief of the
poor negro women who know no better
and are forced to face these conditions
Saturday evenings, Mrs. Street declared*
It was necessary to Increase the poUce
force In the neighborhood. She said that
she has stood on a certain corner and
seen the patrol wagon come up ten or
twelve times an evening and carry away
men and women.
"If ydu arrest the women and fine
them" she said, "it Is taking the very
bread from their mouths, and what we
ft omrn should do is to work so that this
neighborhood particularly should be im
proved and the saloons in the National
Capital gotten rid of."
Not content with this problem alone,
the convention took up the matter of a
curfew law for the District at this after
noon^ session and inaugurated an active
campaign against young boys and girls
w ho nightly throng the streets In search
of amusement. .
Mrs. Ellis, who is chairman of tne teg
Islative committee, spent the morning at
the Capitol in conference with members
of Congress regarding legislation for the
District. Her report this afternoon to the
convention was full of promise and. en
Provision of Curfew Bill.
The curfew bill for the District which
is now being framed in Congress, Mrs.
Ellis told the delegates, does not require
that children should be in their homes by
? o'clock in the evening, differing from the
measures proposed last year, but provides
that children must at that time be in the
limits of the square in which their parents
reskle. provides a degree of freedom
for the child, the bill limits that freedom
to the wishes of the parent, and no child
without the consent of his parents ma>
remain out of doors after 9 o clock In the
Mrs. Ellis urged the delegates to con
centrate their attention to fighting for the
passage of the bill. ,
Another matter which Mrs. EMs t^
ud was the health department bill, intro
duced by Senator Owen of Oklahoma
earlier in the session. This measure, she
declared, had the support of the W. C. i.
U. all over the country, and she urged trie
delegates to throw the weight or their in
fluence also in the balance for the pas
saee of the bill.
The child bureau, championed <by .Rep
resentative Morris Sheppard, came in for
a share of discussion also, and its early
passage was predicted by Mrs. Ellis
Shipment of Liquor.
The Kemper-Sheppard interstate liquor
traffic shipment bill. limiting the trans
portation of liquor from a "wet state
into a "dry" territory, would be the
greatest benefit to the country and the
greatest victory for prohibition in many
years, according to Mrs. Street)and JJ?.
Ellis. Mrs. Street declared that while
we ourselves might not live to see the
nassaee of such legislation, our children
surely will live to see the day when the
staiute "becomes law, and will benefit by j
It accordingly. . .. XT?.. .
Because of the decision of the United
States Supreme Court yesterday, dec la r- I
ing beer is a commodity, Mrs. Ellis told ;
me delegates that me Kenyon-Sheppard
bill may fall to operate as radically asj
was hoped.
Mrs. Shelton Presides.
MrB. Emma Sanford Shelton, president
of the District W. C. T. U.. presided at
the sessions today and reports were made
as follows: Mrs. Benjamin A. Llneback,
secretary, minutes of the annual conven
tion; Mrs. E. S. Henry, corresponding
secretary; Mrs. Charles P. Grandfield,
treasurer; Mrs. Charles H. Hall. Mrs.
Jensle W. Robinson made her report as
president of the board of trustees and
Mrs. Elora Kays Hanson made the re
port of the Young People's Branch.
Rev. A. S. Mowbray, pastor of the
North Capitol M. B. Church, greeted the
delegates and declared that the W. C. T.
U. was one of the most select bodies In
the world, because It was doing wor*J
for humanity and represented brains and
9PMrs. Margaret Coope delivered an in
teresting lecture on "The L 8 8uRKr
In Art" and spoke of the various i alnt
ings depicting Christ at the hurt supper,
and paid tribute to i^onardo da V Inci.
whom she termed a "hero among artists.
r>r P S Bordeau-Sisoo spoke on
"Health and' Heredity," and the subject
was taken up by 5>r. Adelia Wlnblgler
Thp Ladies' Aid Society of the church
served a luncheon to the delegates, ihe
convention will adjourn this afternoon.
Will Review Boy Scouts.
President Taft has promised Arthur C.
Moses of this city to review the Boy
Scouts' parade February 3 next from
the north portico of the White House.
Sir Robert S. S. Baden-Powell, the father
of the Boy Scout movement, will stand
with the President on the portico. When
Qen. Baden-Powell talks to the 8couts
at Continental Hall the President will be j
Midshipmen Resign.
Because they were unable to keep I
up with their studies the resignations
of two fourth-class midshipmen have
been accepted. They are E. G. Arnold,
appointed to the Naval Academy from
the fifth district of Tennessee, and K
N. Watkins, from the llrst district of
Report Stirs Delegates to
Oklahoma Congressional
District Convention.
COALGATE, Okla., January 23.?
Delegates to the fourth congressional
district (republican) convention, who
arrived here today for.thl$ afternoon's
meeting, were excitedly discussing
rumors that the convention is to be
swung to instruct for Theodore Roose
velt as republican presidential nominee.
The report bearing on Roosevelt seem
ed heightened by the refusal of Dis
trict Chairman Edward Perry to
deny it.
It had been reported late yesterday that
Perry received letter? from Col. Roose
velt and Postmaster General Hitchcock
permitting use of the former President's
name in the convention. Perry emphati
cally denied this, but he declined to com
ment on the convention's probable course
of action this afternoon.
Report of Compromise.
Other reports that added to the dele
gates' perplexity declared that support
ers of President Taft have effected a
compromise with Mr. Perry and Doren
G. Disney, a former federal office holder,
over administration patronage in the
fourth district, whereby the convention
would quietly indorse Mr. Taft for re
It is admitted that Perry and Disney
are in control of the situation. Dele
gates are to be named from this district
for the Chicago republican convention.
Managers Express Willingness
to Confer With Lawrence
Mill Workers.
LAWRENCE, Mass., January 23.?While
there Is no immediate prospect of settle
ment of the la'bor trouble in the cotton
and woolen goods mills here, there are
evidences of a conciliatory spirit in some
quarters. At the Arlington mills, which
give employment to 5.500 persons, notice
was posted today saying tint the man
agers were willing to confer with the
striking operatives and suggesting that
if such a conference failed of result the
dispute be submitted to the state board
of conciliation.
Strikers on Parade.
About 100 strikers organized a parade
this forenoon, but on advice of leaders
In the general strike movement the dem
onstration was abandoned for the time.
Strike Leader Ettor has received a let
ter from Col. Sweetser, commander of the
militia on duty here, notifying him that
he would be held personally responsible
for any outbreak on the part of the
Another Mill Shuts Down.
The Atlantic cotton mills were shut
down today because of the extension of
the strike to a large number of its 1.2UO
The loom fixers in all the mills stopped
work today because of the unsettled state
of affairs. They insist that they are not
on strike, but say they will return as soon
as the general strike is settled.
Italy Announces Embargo on Por
tions of Ottoman Boundary.
According to a telegram received by
the Department of State, the American
embassy at Rome has received from the
Italian government a declaration, dated
January 21, to the effect that after that
date that portion of the Ottoman coast on
the Red sea between 15 degrees 11 minutes
and 14 degrees and 30 minutes latitude,
from Ras Isa, north of Hodelda, to Ras
Goulaifac, south of that port, will be
The declaration adds that the time
which shall be allowed to neutral vessels
to sail from the blockaded section will
be fixed by the commander-in-chief.
Academy of Arts and Letters.
The Henry Cabot Dodge Mil providing
for the institution of an American acad
emy of arts and letters has been rein
troduced in Congress by Representative
Slayden of Texas. It was referred to
the committee on library.
Money Trust Inquiry Postponed.
The House committee on rules today
postponed Its hearing on the "money
trust" resolution of Inquiry until tomor
row. when Samuefr Ukrtermyer of New
York will appear. - i
Lack of Apnropriation Not to
Delay the Preparation
of Designs.
x Notwithstanding the failure of the ap
propriations committee of the House to
include in the District t>ill items recom
mended by the Commissioners with which
to begin construction of the Central High
School and the M street school, colored,
> preparations are being made in the office
of the municipal architect looking- toward
the Immediate drawing of designs for the
proposed' buildings.
It was announced today that the archi
tect's office has completed plans for all
the schoot buildings authorized in the
current appropriation bill and that during
the remainder of the winter it will devote
considerable time to the preparation of
plans for the high schools, in anticipation
that the appropriations stricken out by
the House committee will be inserted in
the District 'bill when the measure is up
for consideration in the Senate.
Outside Firm May Aid.
According to the plans of the municipal
architect, it is stated, work will be com
menced first on the drawings for the M
street school. It is possible that (he plans
for the Central High School will be award
ed to an outside architect, as a bill is
now pending in Congress which provides
for the transfer of the remainder of the
appropriation with which the Central High
School site was purchased for this pur
The M street building will be the largest
and most expensive ever designed by the
municipal architect's office of the District.
The Normal School building, being erected
at 11th and Harvard streets, at a cost of
$240,000, holds the record in this respect
at present.
Miss Roosevelt Not to Have Picture
Taken Until Grandpa Sees Her.
CHICAGO, January 23.?Miss Grace
Green Roosevelt, who halls from Cali
fornia and who is six months old,' it
was learned here last night, has never
had a picture taken.
During her stay here yesterday with
her parents she held to her record,
much to the discomfiture of many news
paper photographers who were anxious
to let the public see how pretty she Is.
Her father and mother kept her heavily
veiled when photographers were around
and positively refused to let any of
them see her features.
I Miss Grace is on her way to Oyster
'Bay to see her randparents, \1. nd
Mrs. Theodore Roosevelt. The reason
given for her never having a picture
taken is that her father, Theodore
Roosevelt, Jr., was anxious that his
father should not know whom she most
resembled until he saw the baby her
self. Roosevelt, jr., remarked to the
newspaper men who wanted to see her
features, that she looked "just like a
regular baby."
Wife Murderer Is Taken to Joliet
STERLING, 111.. January 23.?Dr. Harry
Elgin Webster, who yesterday was sen
tenced to life Imprisonment for the mur
der of his bigamous wife, Bessie Kent
Webster, was taken to the Joliet peniten
tiary today. Webster's parents begged
Sheriff J- E- Delaney to delay the trans
fer as long as possible. This angered the
convicted physician.
"I want to go to prison as soon as pos
sible," he said.
Swanson and Martin Nominated.
SpeHal Dispatch to The Star.
RICHMOND, Va, January 23. ? Sen
ators Martin and Swanpon were nominat
ed in both branches of the legislature to
day as United States senators to succeed
themselves. The vote will be taken on
joint ballot at noon tomorrow.
Harmon Supporters Begin Work.
NASHVILLE, Tenn., Janifary 23.?
Headquarters of a state organization
pledged to Bupport Gov. Harmon of Ohio
for the democratic presidential nomina
tion was opened here today. Branches
are to be established throughout the
state. Frank Avent, state railway com
missioner, is chairman of the Tennessee
Press Gallery Presented Apples.
Appreciation of Virginia apples is be
ing shown by the members of the Senate
press gallery today. A barrel of the
fruit was presented to the gallery by
Senator Martin of Virginia, minority
leader, and he found thanks in plenty
In seeing them disappear rapidly.
Aviator's Record for Altitude.
RHBIMS, France, January 28.?The
Frenca aviator Prevot, driving a mono
plane, broke the record for altitude
? with two passengers. He reached a
height of 2,200 meters, about 7,150 feet.
Only a few days ago, at Senile. Ver
rept. with two passengers, attained an
Altitude of 1,075 meters.
Complaint Against Telephone
and Telegraph Company.
Methods Said to Resemble Standard
Oil and Tobacco.
Department of Justice Has Received
Similar Complaints Against
Message Service Concern.
NEW YORK. January 23.?A petition
to dissolve the American Telephone and
Telegraph Company, on the ground that
it Is a monopoly in violation of the provi
sions of the Sherman law. was made
public here today, a few hours in advance
of its presentation to Attorney General
Wickersham in Washington.
According to the petition, the American
Telephone and Telegraph Company, which
controls the Western Union Telegraph
Company and eight subsidiary telephone
companies in various parts of the United
States, is one of the largest financial con
cerns in the world, having a capital of
nearly $1,000,000,000, and it now domi
nates the telephone business of the
The petitioner points out that by rea
son of the company's control of subsid
iary concerns In all parts of the coun
try the independents are practically
barred from competition. It is charged
that the operations of the American Tele
phone and Telegraph Company in the
acquirement of control of these subsid
iary companies were practically identical
with the operation of the Standard Oil
and tobacco trusts, which were declared
illegal by the United States Supreme
Methods Are Familiar.
"While bigness alone does not make a
corporation an unlawful monopoly," says
the petition, "it Is certain that an investi
gation of this gigantic corporation will
show Jtliat its history is replete with acts
and manipulations for the obvious pur
pose of obtaining control of the tele
phone business in this country, of a
character that have been unequivocally
condemned by the Supreme Court of the
United States."
Special reference is made to the op
erations of the alleged telephone trust
in Ohio. Kansas City and Salt Lake City.
The statement Is made that in a.l parts
of the west the independent telephone
exchanges are threatened with extinc
The petition Is signed by George Lam
bert. a justice of the peace of &'elham,
N. Y.
Nothing Secret, Says Vail.
NEW YORK, January 23.?President
Theodore N. Vail of the American Tele
phone and Telegraph Company, when
seen today in r^ard to a petition filed
with Attorney General Wickersham for
a dissolution of that corporation, said:
"I have not as yet read the petition
which I understand has been filed In
Washington. The petition Is simply that
of an individual against a corporation,
and has no significance until the Attor
ney General takes action. As regards the
American Telephone and Telegraph Com
pany being a monopoly in violation of
the Sherman anti-trust law I can only
say that any act of this company in the
matter of acquiring other concerns has
been done either after a direct appeal by
the company cr with the acquiesence of
the concern. Every act has been passed
upon favorably by the authorities in the
state interested."
Complaint Received Here.
Mr. Lambert's petition, signed by him
self and his attorney, was received at
the Department of Justice shortly after
noon today and it was immediately re
ferred to the department's "trust bust
er." Assistant Attorney General Fow
It was? stated that this is only another
of a series of complaints that have been
received against the American Telephone
and Telegraph Company, and it is ex
pected the Lambert petition will arouse
no special action, since it is known that
the department for some time past has
been engaged in an investigation along
its own lines of the methods of operation
of the company in question.
Representative Fitzgerald May
Raise Opposition to Public
Buildings Bill.
The caucus called for this afternoon by
the democrats of the House of Repre
sentatives is expeoted to develop a sharp
division In the party if Representative
Fitzgerald of New York succeeds in his
purpose of Introducing a resolution de
claring against the sixteen-milllon-dollar
public building bill.
The caucus was called for the considers
tion of the iron and steel revision bill, and
that will be the first matter laid before it.
Democratic Leader Underwood, while
strongly opposed to the passage of a big
public building bill at this session, may
object to the Introduction of the subject
at the tariff caucus.
Underwood Opposed to Bill.
"I am satisfied that the House should
not pass any public buildlpg bill," *aii
Mr. Underwood, "and I am In thorough
accord with Mr. Fitzgerald In his dec
laration that It Is contrary to the demo
cratic plan. But I am not sure that it
will be brought up at today's caucus."
The iron and steel bill, if agreed upon
by the caucus, will probably be submitted
to the full membership of the way* and
means committee tomorrow and Introduc
ed in the House tomorrow afternoon.
? ?
Carpenter Sustains Conclusion of
the Brain.
William A. Zyprecht, fourty-four
years old, of 618% 6th street southwest,
a carpenter, who was working next
door to his home, fell off a ladder this
afternoon, fractured a bone in his neck
and sustained concussion of the brain.
He was taken to Emergency Hos
pital. His condition is said to be
Extending Civil Servioe Law.
The placing of all deputy collectors
of Internal revenue under the classi
fied civil service was considered today
at a hearing of the House committee
on reform In the civil service. The
hearing was based on a bill Introduced
by Kepresentatlv# Hugh??,^ democrat,
of New Jersey.
House Refuses Further Appro
priation for Columbia.
Board of Charities Gets a Lamp Sum
in Its Place.
House Refuses to Vote $5,000 for
the Preparation of Plana?'Char
ities Under Fire.
The House of Representative* voted
tills afternoon to abandon the Columbia
Hospital for Women. In accordance with
this action an amendment offered by Rep
resentative Burleson of Texas ww adopt
ed which strikes out of the District bill,
in which an appropriation for the hos
pital has been carried for years, ail refer
ence to the institution, and Instead places
>30,000 in the hands of the board of chari
ties to care by contract for indigent pa
The action of the House In deciding to
abandon the hospital waa due to the
statements by Mr. Burleson, Representa
tive Cox of Ohio and ot'.ers that the hos
pital building was a Are trap, that any
money expended on it for retpairs would
be wasted.
Representative Foster of Illinois did not
take this view and insisted that an ap
propriation of $30,000 would be sufficient
to install fireproof partitions and to put
the institutions in good condition gener
ally. His amendment was lost. 3 to 27.
Mr. Burleson's substitute waa then
Mr. Foster then offered an amendment
appropriating $5,000 to prepare plans for
a new hospital, tout it waa ruled out on a
| point of onler.
Mr. Burleson remarked at this point!
that great hostility hss been aroused
against the board of charities because
the board had recommended certain
changes in the control of oharltable in
stitutions in the District.
He said the committee on appropriations
has confidence in the board of charities
in every respect.
The first three hours of today s session
of the House on the District bill were
devoted entirely to the Items relating to
charities. Mr. Burleson explained the
situation with reference to the board of
charities in a somewhat elaborate state
Johnson Opposes Items.
A proposed amendment to <vdmit ex
soldiers of the Spanish war to the tem
porary home for ex-Union soldiers and
sailors was defeated by Mr. Burleson.
It was brought out in debate that the
home affords shelter to as many Spanish
war ex-soldiera as others, and Mr. Bur
leson declared that there is no authority
of law for their use of the home.
Mr. Johnson raised a point of order
against the $25,000 general fund of tfte
District mill >.la. Mr. Burleeon read from
the law authorising the appropriation and
cdntended it waa in order. The point
was temporarily passed over to give Mr.
Johnson an opportunity to look up the
Mr. Johnson also raised a point of order
| against other items relating to the militia,
j 117.064 for rent, $1,500 for printing and
postage, which were temporarily passed
| over.
At the time The Star's report closed
; the chair had not ruled on the point of
order made by Mr. Johnson yesterday
against the interesting and' sinking fund
I item.
Created Charities Board.
"Thirteen years ago," said Mr. Bur
leson, "by reason of the chaotic con
dition existing at that time in the ad
ministration of the funds appropriated
by the general government for chari
table purposes In the District of Co
lumbia, Congress created a joint com
mittee to which waa referred the en
tire question relating to charities, with
the request that it report back to Con
gress a policy which should be adopted
governing the administration of those
"As a result of the careful considera
tion of that Joint committee, a report was
made recommending the creation, of a
I board of charities, chargeable with the
| duty of reporting to Congress year by
year, and advising as to the amounts of
money needed for the purpose and how
they should be expended, and recom
mending also that the board should ad
vise Congress with reference to any
policy that the board should deem fit in
relation to the administration of the |
charity funds.
"After ten years of serious considera
tion. the board of charities at this ses
sion of Congress appeared before the ap
propriation committee and earnestly rec
ommended that there be a complete
divorcement between public and private
charities. The members of the board di
rected the attention of the appropriation
committee to the fact that over their
protest during the last ten years $750.0IW
had been appropriated in lump sums to !
private institutions for the erection of
buildings and improvements upon land
owned by those private Institutions.
"The board brought to the attention of
the committee the further fact that not
withstanding this vast expenditure, the
beds in these private Institutions sub'ect
to the orders of the board of charities
for indigent patients had been increased
only in a very limited degree.
Ask Director of Charities.
"So earnest were the members of the
board of charities in their recommenda
tion upon the proposition submitted to us
that they ask that the board of charities
be abolished; that a director of charities
be authorised by law, and that the sum
of nearly a million dollars which is ap
propriated annually for charitable and
I corrective purposes, now being adminis
tered under the direction of the board of
charities, be administered under the di
rection of this officer whose creation they
request. t ,
"The board of charities consists of a
number of the best business men in this
town, appointed by the President of the
United States from all classes and pro
fessions. They have an able lawyer on
the board. They have a banker on the
board. They have a retired physician on
the board. They have all religions rep
resented ? Protestants, Roman Catholic
and a Jew. This board, notwithstanding
the fact that in the inception of the
service they were much divided in their
opinion with reference to how charities
should be distributed in the District of
Columbia, finally reached the unanimous
conclusion that there should be this di
vorcement between public and private
"They go to the extent of aaserting in
the most emphatic way that under the
present system dependency is encouraged
and Increased rather than discouraged
and diminished. For reasons that were
satisfactory the committee at this session
of Congress refrained from acting upon
the reccommendatlon of the board of
charities and we took up in detail
the various items carried In the bill ap- ?
propriatlng the various sums of money
for charitable purposes.
"When we reached the Item relating to
the Columbia Hospital there were a num
ber of members on the subcommittee who
had been on that subcommittee for a
number of years, and we were aware of
the fact that this building was nearly 100
years old, had been erected originally as
a private residence and had been added
to subsequently by the erection of wooden
structures not at all suitable to hospital
purposes. . ,
"From time to time the attention of the
committee has been directed to the fact
that this was a dangerous fire trap, and.
Inasmuch as the board of charities unan
imously recommended that this hospltsJ
be abandoned, and. inasmuch as the
board of Commissioners had unanimously
concurred in the recommendations, we
considered the wisdom of embodying la J
lieu of the pro\ isions t Hat in* '?? ?? ??
Columbia Hospital the items which I of
fered yest or day afternoon us a substitute
for the amendment offered by Kot?ir
sentative Foster of Illinois, and the t?.i
preceding items relating to the CclunibU
Columbia Hospital Items.
The items in the hill relating to the
Columbia Hospital are a6 follows*
For the care and treatment of indiccr.'
patients under a contract to be mad" wit.i
the Columbia Hospital for Women sji'i
Lying-in Asylum hy the l>o?rd of chari
ties not to exceed $JO.OO<?.
To reconstruct outbuildings dcstroye-l
by storm,
For repairs to Columbia Hospital. *"0rt?.
"The subcommittee." Mr. Hurletou re
sumed, "would undoubtedly acted
upon the recommendation of the b^a-rd of
charities and the Commissioners of the
District but for certain information whi-h
was brought to us by a gentleman con
nected with that institution, assuring u*
that in his opinion the hospital was not
fire trap, that It was not .. menace to llf?
and that by the expenditure of a few
thousand dollar?" It could he made com
paratively safe.
"Influenced hy these representation w??
continued the item in this bill a? ii li?"
been presented to. the committee, bu' now
the proposition Is brought forward torn
crease one of these items to the ?*tent
of $28,000, making the appropriation cat
ried in this bill for the Columbia rlo>
pital. if that amendment should he
adopted. fiyt.iNN) for general purpose*.
$4,500 for the repair of building injured
by a storm and jCMl.OM for general re
pairs. aggregating $54,11 M>.
"And to do what? To perform a cer
tain function w hlcii shoul.i be performed
by the general government and the -J"<i?
trlct of Columbia, to care for certain de
pendents who havp heretofore been cared
for and are now being cared for in that
Not Indiridual Money.
"Gentlemen, we submit to you this
"The money with which wo are dealing
is not our individual money. It is the
money of the general government and
of the District of Columbia, raised by
taxation, and I insist that we out;'it t >
deal with this money Just as ca efully
and conscientiously as if it were our own
The District Commissioners and the
board of charities assert, and no man
will dispute the proposition, that f r $17.
500 a greater service can be rei.d red
more economically than for the (54.<iOu
which Is sought now to be carried in this
'bill for this institution.
"The question presents itself. are we
willing to continue this institution aa a
hospital? The hospital as 't stands, pai -
t.cularly the old building, is a fand ntr
menace to human life on account of its
inferior and non-fireproof constt action.
Nevertheless the efforts of person* in
charge in providing fire escapes, fire hose
and other appliances are commendable;
but the Inter.or partitions are so compli
cated that If ever a fire got a start it is
doubtful If the patients could be rescued
through the complicated passageways."
Mr. Burleson then read a report from
Elliott Woods, superintendent of the
Capitol, declaring that "the general shape
of the building is not suitable for a fit si
class hoapi al. Remodeling the interior
would, of course, benefit, because rear
rangements could be made, but if much
money is to be spent for this pur;>o*e 1
would prefer to pull down the ilire
structure and build a new hospital
Condemn the Building.
Mr. Burleson then had read Istteu
from the Engineer Commissioner, the
supervising architect and the superin
tendent of the hospital, at of which,
as he pointed out, confirming the state
ment of Mr. Woods.
"In view of the statenien ?isntained
in these letters." said Air. Burleson,
"I want to say that I am unwilling to
be responsible any longer for maintain
ing a hospital in this building.
"For years the fact has been forced on
our attention that it is a firetrap, that it
is extremely dangerous, and after we had
% unanimous recommendation frutu Jie
board of charities that it i? abandoned,
after we have had a recommendation
unanimously concurred in by the l?oard
of Commissioners and after ws have had
a statement from tiie municipal arcnitcct
and the superintendent of the building, 1
insist that the substitute I ..avp offered
here be adopted and that $17,000 be ex
pended to accomplish more than can be
accomplished by the S.Vi.000. and that this
hospital be abandoned."
Mr. Cox declared It would be a crime
to continue the use of Columbia Hospital
in its present cnditlon, as a g? t dis
aster might occur there at any jiir.w on
account of the condition of the building.
He thought any member of cne House
voting to perpetuate this condition took
a great responsibility upon himself.
Representative Saunders of Virginia
said the subcommittee *n? n iOn !i? trie
belief that the ho&i^t*.! ougr.t to go out
of existence and Its place be ftlieo other
Chairman Fitzgerald of the appropria
tions committee said that if the institu
tion was not repaired a new buuaing
shou d be erected, and that if a ?)??'
building was not provided, the institu
tion should be abandoned inybow
Mr. Burleson increased the amount
mentioned in his amendment to
and in this shape it was adopted. It
strikes out of the bill all reference to
Columbia Hospital, and appro; riates
$30,OUO to enable the Board of Charities
to contract for the care of indigent pa
The text of the amendment is as
"To enable the board of charities, by
contract or agreement, to provide care
and treatment for indigent patients.
$20,000; provided, that no part ol ti.is
sum shall be used to establish or main
tain any hospital not now existing in
the District of Columbia."
A report of the dlecnsslo* of the
District appropriation la the House
yesterday will be fouad elsewhere la
The Star.
Negro Clergymen Do Not Want Him
on Supreme Bench.
Objection to the candidacy for the
Supreme bench of Judge J. H. Hook, on
the score that in a court decision he
denied to negroes equal accommoda
tions In railway travel, was voiced in
resolutions adopted by the Evangelical
Ministerial Alliance, embracing negro
clergymen of all denominations in
Washington and vicinity, at a meeting
last night In Ebenezer M. E. Church.
A copy of the resolutions was sent to
the President.
The alliance voted to be represented
at the meeting of the general commit
tee of the men and religion forward
movement. Invitation was extended
and an exposition of the movement
made by Drs. Thlrkleld and Sumwali
and Mr. Cooper and Mr. Croxall.
Congressional Subcommittee Inves
tigates Charges of Fraud.
MINNEAPOLIS, Minn., January 2? ?
For the purpose of investigating
charges that Indians of the White
Earth reservation have been defrauded
of their lands, a congressional subcom
mittee is examining witnesses here to
day. The committee is composed of
Representatives James M. Granain of
Illinois, Henry George of New York
and F. W. Mondell of Wyoming. The
latter Is unable to attend the wertler
meetings, but probably will do hero
Agents of the Department of Justice
4iave been at work on the case and ao
cordlng to M. C. Burch, who has had
the Inquiry In charge, evidence will
be presented which will Involve gov
ernment agents, real estate agents
and lumber companies.
Meningitis Quarantine Off.
DALLAS, Tex., January SB.?Of tbs
fifty or more Texas town* that estab
lished rigid quarantine against the menin
gitis epidemic that centered In the narth-#
ern and central part of the stats serais*
today announced that the embargo has
been lifted. The largest of these towns
?Bryan?abandoned the quarantlna
last nlgt*U

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