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Evening star. [volume] (Washington, D.C.) 1854-1972, March 12, 1912, Image 1

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WEATHER.
Rain tonight. Wednesday fair
and slightly colder; increasing
east to northeast winds.
The Star is the only afternoon
paper in Washington that prints
the news of the Associated Press.
No. 18,794.
WASHINGTON, D. C., TUESDAY, MARCH 12, 1912-TWENTY PAGES.
ONE CENT.
Deadlock in British Coal War
Is Believed Broken.
OWNERS CONCEDE A POINT
In Conference With Miners, Premier
Asquith Presiding.
SERIOUS RIOTS IN GERMANY
Many Strikers Injured in Clash
With Police?Plans for New
York Conference Completed.
I/y.VPOX, March 12.?The disputants in
the British coal war, which since the be
ginning of the month has involved the
throwing out of employment of more than
2.000,000 men in England, Scotland and
'Wales, and has caused great distress
among the population, met again today
111 a round-table conference.
The meeting established the fact that
the long standing deadlock had been bro
ken. It took place at the foreign office at
?? o clock this afternoon under the presi
dency of Prvnier Asquith.
The coal covers of the federated dis
trict. which coMprises the purely Eng
lish collieries who had already signified
the concession in principle of a fixed
minimum wage for miners, found no dif
ficulty in accepting the premier's invi
tation.
Situation Not So Tense.
They had. however, to wrestle strenu
nsly with the Welsh and Scottish coal
masters in order to induce them to modify
their opposition to a conference with the
tuen, from which the miners had express
ly barred the discussion of the principle
vf a minimum wage.
There are still many difficulties in the
*a> of an immediate settlement of the
ci spute. l>ut the fact that the two parties
r.a\ ? acain come together and that nego
'?ations are proceeding has served to
hri. liten the atmosphere and bring about
a feeling of hope.
Serious Hioting in Germany.
BKRLIN, March 12.?Collisions between
the strikers, the police and the non-strik
?rs are reported to have occurred today
In six or eight local cities in the coal
regions. The most serious conflict was
tear Hamborn, in the district of Dussel
iorf. where according to dispatches, a
rnob of I'.noo strikers threw stones and
bottles and fired revolvers at the detach
ment of forty polcemen on guard, injur
ing five of them. The police then charg
d with drawn sabers, injuring many of
the strikers.
At many other places workers were
itoned and the police used their sabers
n dispersing the strikers, but the number
>f casualties is not reported.
Owing to these disturbances the
hristian trades unions and ? the mine
[.wners have telegraphed to the minister
>f the interior to send troops or to re
nforc* the police in the coal district
rhe police authorities, on the other hand,
isnert that the police protection im tifT
icivnt.
Hoisters' Union Joins Strike.
Tt is probable that interested persons
are painting the eituation in darker
r-olors than i* justified, in order to ob
tain larger forces of police in the dis
trict.
The strike is making considerable prog
ress in all districts, many of the mines
today working with only one of three
shifts that are ordinarily employed Ar
rangements have been made for the
miners willing to work to enter and
eave the pits by daylight, so as to pre
sent disorders.
1 A small union of the hoisters joined
I :e strike today. The owners have in
Ci representing the miners
?m the individual mines to meet in
'inference tomorrow, but figures issued
I "day f'i'W that the increase of wages
*:?;ni;.r.<;-d by the miners cannot be grant
La. . v. ng to the financial condition of
pie m.riaig companies.
Confer in New Yorfc Tomorrow.
NEW YORK, March 12?A subcom
f1 e of anthracite coal operators was
?prepared to meet again today for the
purpose of completing the draft of the
reply refusing the demands of the hard
fcoal workers. The draft of the reply
Nvas practically completed yesterday, and
There were only a few minor details to be
Incorporated today. lo De
LvJ4ersriTt VlJ? be fiZ?" t0 the m,ne
rs at a Joint meeting tomorrow of
[:? operators and the miners' repre^enta
il. ves. and its form is believed to be such
r ??I)r(rmit miners to a new
the miner"' tv. each of the demands of
tne miners the operators will give a de
tailed reply. The operators will decline
the increase of ->0 per cent in wages
on the ground that the miners are
already obtaining an automatic increase
based on the sliding scale. crease
i J" ?V demand f.?r collection of union dues
by the companies will be refused on the
ground that a statute of the state of
Pennsylvania makes this illegal, requiring
khe payment to employes by er^loyers
pn cash "UU amount of wa*es or earningk
Oppose Eight-Hour Day.
The only exception allowed by law is
that miners may agree to have part of
their earnings set aside for payment of
fheck weighmen and check dockinir
bosses.
The demand for an eight-hour day is
apposed because the many interruptions
Sue to accidents, miners' holidays and
other causes make it impracticable. The
r l,? th;' 2emand to pay the miners
at the rate of _,ou) pounds to the ton is
because the operators are now paving by
hhe car, and the long ton of 2,24o"pound's
[is used as a standard.
Neither President John P. White of the
rnited Mine Workers of America nor
YnrU t coUeaKues had reached New
nnrrnl preparatory to attending to
norrow ? meeting, and, consequently no
expression of their opinion of the outlook
was obtainable. Mr. White is expected
to reaoh the city tonight, and will hold a
on erence with other leadern tomorrow
eratorsS ' ?F l? th? meetln? the op
Miners' Leaders Silent
PHILADELPHIA, Pa., March 12. On
their way to New York to confer with
pie anthracite coal operators five officials
of the mine workers stopped over in this
city, leaving for the metropolis on a
morning train.
John Fahey. Shamokin, president of
listrict No. 9; Thomas J. Richards, sec
retary of that district: John Dempsey
Scranton, and John Mack, secretary of
district No. 1, and John Kallon Wilkes
l^arre. International board member of dls
..c.1 constituted the party. Thev
will join John T. White, the national
A. ' ,n New York- th,s afternoon
iml discuss tomorrow's procedure.
Mr. Dempsey acting as spokesman for
the party, declined to discuss the state
(.Continued on Second Pagel)
Attorney Darlington Scores
Gompers and Others.
LAW AGAINST ANARCHY
Says This Should Be Title to Pro
ceeding* Now in Progress.
TRIBUTE PAID JUDGE PARKER
Lawyer Declares He Is Unable to
See What the Defense
Will Be.
'Law against anarchy should be the
title to the proceedings now being heard
by five justices of the District Supreme
Court Instead of "In re Gompers, Mitchell
and Morrison.' because the position taken
by the respondents is that they will fol
low their own inclinations, despite the
opinions of the tribunals created by the
Constitution to interpret the law."
This statement concluded the opening
argument of Attorney J. J. Darlington of
the committee of prosecutors in the
hearing of the contempt proceedings now
in progress in Equity Court No. 2.
Mr. Darlington pointed out that Mr. I
itaJston, for the labor men. had suggest- '
ed that the case was improperly entitled
and should read, "Cnlted States against
Gompers et al." He said he agreed with
counsel that another title might be more 1
appropriate, but declared his version of!
the new- title would be "Law vs. An
archy.'
Before concluding his remarks Mr. Dar- j
hngton paid a high tribute to Alton B.!
1 arker, chief counsel for the respond- !
ents, both as a lawyer and a citizen. As '
a lawyer, he said. Judge Parker had at- '
tained the distinction of presiding justice
of the supreme court of the state of New ?
l ork, for which tribunal, the prosecutor
said, he had the highest respect.
As a citizen, Mr. Darlington pointed
out, Judge Parker had been the selection
of many citizens for the position of pres
ident of the I'nited States, and that he
himself had voted for the election of
Judge Parker.
Awaits Parker's Contention.
Mr. Darlington said he was anxious. to
see if this great lawyer and prominent
citizen would contend before this court
that Gompers and his associates had th%
right to set up their claim of free speech
and a free press in the face of the de
cision of the United States Supreme
C ourt in the previous contempt proceed
ing.
The speaker praised the loyalty of a
lawyer to his client, but pointed out that
in his opinion there exists a loyalty that
transcends the interest of the client, and
this is the loyaity of the lawyer to the
oath he takes at the time of his admis
sion to the bar?the oath to support the
Constitution of the United States.
Mr. Darlington declared he had not
read a line to the court in pointing out
the alleged contempts except such as |
came from the mouths of the respond
ents, and that from these he considered
he had proved they had held the order
of the court in contempt and had willfully
violated it.
. A* *n-e*cuse for not having spoken
?r the defense of the respondents, Mr.
Darlington admitted he does not know
what it is.
"I cannot conceive the defense in this
case'. ' he said; "it cannot be that in the
race of the Supreme Court decision it
is claimed the respondents had the
right to boycott, that they had the
right to disregard the decision because
it violated the right of free speech
and a free press or that they could vio
late the order of an inferior court
until It was sustained by a higher tri
bunal. The Supreme Court has held
against all these contentions."
Attorney Clarence R. Wilson continued,
after the recess, his arraignment of John
Mitchell, vice president of the American
Federation of Labor, for his connection
with the "urgent appeal." and with the
resolution passed by a convention of mine
workers in Indianapolis, over which he
presided. Mr. Wilson explained to the
court that the refusal of the I'nited
States attorney to take up the contempt
proceedings was made on his own in
itiative and without referring the matter
to the Department of Justice. Mr. Wil
son's name was added to the committee
as an individual lawyer and not in his
official capacity.
Judge f*arker, shortly after 2 o'clock
this afternoon, began the opening argu
ment for the defense.
Mr. Darlington's Argument.
Mr. Darlington yesterday afternoon be
gan the opening argument on behalf of
the committee of prosecutors, scoring
both Gompers and Morrison for what he
called willful and flagrant violations of
the injunctive order of the court. Gom
pers and Morrison were not guilty cul
pable, the prosecutor said.
.. "J* was Gompers," said Mr. Darlington,
who composed and published these va
rious editorials, reports and circulars and
who made these defiant speeches.
Mr. Morrison was the secretary of the
American Federation of Labor charged
tfle duty of circulating the Issues of
the r ederationist, and these circulars and
these reports. In oth?r words, his acts
appear to have been largely ministerial.
Of course, that does not exculpate him.
His duty was to obey the orders of this
court regardless of what was his occu
pation and employment, but he stands
upon a different footing from Mr. Gom
pers in the degree of responsibility for
these various acts. He stands in a posi
tion. which, I think, entitles him to con
sideration."
Mr. Darlington pointed .out that both
Gompers and Mitchell took advantage of
the immunity of the statute which pre
vented them being confronted at this
hearing with their sworn statements
made in the previous contempt proceed
ings, which were set aside by the United
States Supreme Court.
( "That is their right," said the lawyer,
'and I have no criticism to make oi" It.
but Mr. Morrison alone of the three has
been open, frank and candid. lie has
claimed no immunity! He has freely
consented that his answers .anij testi
mony in the former case be read. In the
view of the committee that entitles him
to some consideration in the matter of
punishment."
Two Points to Consider.
Mr. Darlington urged that the alleged
violations of the court order could raise
only two considerations. One. he said,
was whether the federation officials could
disregard the terms of the injunction be
cause counsel informed them that por
t.ons of it were In contravention of con
stitutional rights, or whether they could
constitute themselves and counsel an "ap
pellate court" to rule on legal joints,
ignoring the tribunals of the land. The
second, he stated, was whether "Consti
tutional rights" nullified court orders and
gave individuals the right to say and
print what they wished, where they wish
ed and when they wished.
Mr. Darlington said the respondents had
no right to violate the injunction under
any pretext until It had been set aside by
an appellate court.
A motion to dismiss the whole con
tempt proceedings was made t?y Attorney
Jackson H. Ralston for the labor leaders
on the ground that they were being tried
in equity when the rules governing con
tempts he claimed, required proceedings
either in a law court or by a criminal
prosecution. The court, through Justice
Wright, overruled the motion.
Assumes All Responsibility for
Delaying Ray Case.
THINKS BELL HELD PAPERS
Believes Former Army Head Scented
Hostility to President.
SEEKS SOURCE OF ATTACKS
Asks Chairman Helm of House Com
mittee, as "Man to Man," Who
Is Instigating Probe.
BRIO. GEN'. CLARENCE R. EDWARDS
?
Brig. Gen. Edwards, chief of the insu
lar bureau, assumed all responsibility for
the delay in transmitting to Congress
some of the papers in the Maj. Ray case
today. He appeared before the Helm com
mittee on expenditures in the war de
partment, which has been inquiring into
Paymaster Ray's political activities, es
pecialfy for President Taft in 19U8.
"If there is anybody to be blamed I
ought to be blamed. If there has been
any one negligent I have been so. I am
not trying to escape culpability, 1 said
Gen. Edwards.
"I have tried to be frank with you
gentlemen. I have sone to the bottom of
my heart and answered questions that are
embarrassing to give you all the facts. 1
could tell you more, but 1 do not wish it
to appear in the record."
Thinks Bell Retained Paper.
The general had just recited his part in
the discovery of the missing records in
the Ray case from the adjutant general's
office.
He had stated it as his belief that for
mer Chief of Staff J. Franklin Bell had
retained the Ray papers from the ad
jutant general's office and transmitted to
him, Edwards, when he left the War
Department, because he thought that the
adjutant general's office was "hostile to
the President of the I'nited States."
He said he believed the office would
use the papers "against the President of
the I'nited States." At the conclusion of
his testimony Gen. Edwards addressed
Chairman Harvey Helm of Kentucky.
He Mid:
"Mr. Helm. I am willing to answer any
questions and speak frankly with you
gentleman as man to man- But there
are some questions I would like to ask
von outside of this hearing. Just as man
to man I wou.d like to know who it is
that is instigating these questions and
these attacks on officers' words and of
ficers' motives."
Chairman Helm did not reply. Instead,
he took Gen. Edwards' correspondence
with Maj. Ray and said the committee
would read it over and determine whether
anv proprieties would be violated if it
was put in the record. This correspond
%nce was not read because Gen. Edwards
explained that it was of a private nature
and gave Maj. Ray s reasons for wanting
to go to Chicago so that his wife could
get the treatment of a surgeon.
Clerk Finds Paper.
Gen. Edwards produced a duplicate re
ceipt signed by him April 'JO, iUIU, for
papers in the Ray case turned over by
Gen. Bell. He said that his clerk, a Mr.
Brock, whose initials he could not re
call, but who has been his secretary for
five years, reported the finding of a bun
dle of Ray papers in a cupboard in his
office February 17. This was Saturday.
He got the papers at his home Sunday,
and called up Secretary of War Stimson,
?who ordered him to turn them over to
Judge Advocate General Crowder. Gen.
Crowder, he said, culled out the papers
and forwarded the public papers to Con
re t, and lie assumed sent the private
messages to Gen. Bell in Manila.
i nese papers are those which explain
the charge that Maj. Beecher B. Ray,
paymaster I'nited States Army, was ac
tive politically for President Taft in l'JOs
and later presumed on this activity to be
relieved from disciplinary action for al
leged indiscretions and offenses.
Gen. Edwards explained that he had
first met Maj. Ray in Manila in 100?,
when he had accompanied Secretary of
War Taft there to open the Philippine
assembly. ? ...
He said that Gov. Gen. James Smith.
Vice Gov. Newton W. Gilbert, Col. P. H.
Bandholtz, Martin Egan and others de
scribed Ray as being a valuable man to
send to Chicago to interpret Secretary or
War Taft's opinions as a Judge in labor
disputes. He said that these friends of
Mr. Taft thought that the labor vote was
against him. They recommended Maj.
Ray, a former official of the railway con
ductors' union, to help in the campaign.
Gen. Edwards said he cabled to Col. Mc
Intyre in Washington to have Ray re
turned to the United States.
He said the reply from Col. Mclntyre
and Paymaster General Sniffen was such
that "he dropped Ray." He said Ray had
been appointed in the army through the
influence of Mark Hanna and former Vice
President Fairbanks. He also said that
the officers of the army did not like him
and that Ray complained he was not get
ting a squaae deal. Gen. Edwards said
trat he formed a dislike for Ray, His
manners were objectionable.
Told Taft on Way Home.
"I never dined with him or near him,"
said the general. "Of course, out there
at that time it was a liver campaign. It
always is when you are out there with
royalty. His interview with Maj. Ray
was at the Malacanan palace.
"I was trying to do something for the
Secretary of War. I was his devoted
friend. We all were. We did not want
him to know we were doing it. but when,
I got Mclntyre's message I dropped the
THE STRAW VOTE FIEND.
matter-. said Gen. Edwards. He said
he told Mr. Taft about it on the way
nomo over the transsiberian railway. He
was asked if .Mr. Taft was a candidate at
that time.
'??e..was not an avowed candidate,"
said the general. "He was reluctant to
assume the role of a candidate. He felt
that he was not qualified. He would have
preferred to go on the bench, I know," 1
said the general. "He used to smile and
wave, it aside when ft was suggested to
Subsequent details of MaJ. Ray and his
leaves of absence and extensions were
arranged by Secretary of War Luke
W right and President Roosevelt, Gen. Ed- j
wards said, and Mr. Taft .knew nothing
about them. Gen. Edwards said he was
sure that President Taft never knew of
the charges against MaJ. Ray.
He said his reason for this belief was
that Gen. Bell was too loyal a friend of
the President to have involved him in
the controversy which raged over the
failure of the department to order MaJ.
Ray tried by court-martial on charges
which were discussed in the army.
The committee adjourned at noon and
may recall Gen. Edwards to the stand
tomorrow, when It meets at lo o'clock.
The committee will probably next try for
missing papers from the clerk
" and from Judge Advocate Gen- i
eral Crowder.
Senate Additions Include!
$150,000 for Improvements
at Cape Henry.
With an amendment providing $150,000
for the purchase of land at Cape Henry,
at the mouth of Chesapeake bay, upon
which to erect fortifications to protect the
bay and the capital of the United States,
the fortifications appropriation bill was
today reported to the Senate from the
Senate committee on appropriations.
As the bill passed the House it carried <
appropriations of $4,036,^35, and as it is
reported by the Senate committee the
amount is increased to $4,186,235. As re
ported^ by the Senate committee, the bill
is $3,032,664 less than the estimates and
$1,287,472 less than the appropriations for
the current fiscal year.
Approved by Military Experts.
The necessity for the purchase of the
land at Cape Henry, upon which to erect
the defenses for the protection of Ches
apeake bay and the cities upon It and
j its tributaries, is recognized by all the
military experts of the War Department,
according to a letter which the commit
tee acted upon.
The letter quotes the report of the
Taft board, in which it is stated:
"Commercially and strategically, Chesa
peake bay is today, as it always has been,
of very first importance. With the en
trance as it now is. unfortified, a hostile
ileet, should It gain control of the sea,
can establish without coming under the
fire of a single gun a base on its shores,
pass it at pleasure, have access to large
quantities of valuable supplies of all kinds
and paralyze the great trunk railway
lines crossing the head of the bay."
Improvements Enumerated.
The letter also states that the prelimi
nary plans for the establishment of forti
fications op the land to be purchased call
for the expenditure of $1,610,000 for bat
teries. fire control, installation, search
lights and submarines. The plans con
template the transfer of armament from
other points where it is not needed, and
does not contemplate barracks for a
large permanent garrison.
mTnf the amend
ment, as framed by the subcommittee bv
inserting a proviso that the area of the
Lcres. purchas*d ^ to be about 30J
The Senate committee made other minor
amendments, chiefly changing verbiage
in the?bill?Cr th? amount Provided
TRUST ROAD PROFITS
Division of Rates Probed by
Stanley Committee.
GUY M. FREER EXAMINED
Large Earnings by Steel Corporation
Subsidiaries.
CHARGES BY A BELT LINE
Gets 25 Per Cent of Bate on Bails
Shipped From Chicago to
Kansas City.
Inquiry into freight rates charged by
United States Steel Corporation subsid
iaries was resumed today before the
Stanley Investigating committee, with
Guy M. Freer, expert traffic manager,
again on the stand. Discussion of the
recent conference before the interstate
commerce commission regarding distri
bution of dock charges at Conneaut Har
bor, Ohio, led to the conclusion that the
question of the reasonableness of the
rates was not under investigation, but
merely the legality of distribution of
those rates to various corporations'.
"Is there anything before the inter
state commerce commission," Chairman
Stanley asked, "involving the reasonable
ness of the present sixty-cent ore rate
from the Minnesota range {o Lake Su
perior?"
"There is not," Mr. Freer replied. The
information was sought because objec
tion was made to inquiry into rates under
consideration by the commerce commis
sion.
v.Mr. Freer outlined the division of the
through rate on freight to various points,
shipped over the Bessemer and Lake
Erie railroad, the steel corporation sub
sidiary, showing that this railroad, act
ing as feeder for trunk lines, gets from
15 to 56 per cent of the through rates.
The Bessemer and Lake Erie and Union
railroads combined get <54 per cent of
the through rate to Buffalo; to Chicago
these roads get .'13 per cent of the rate;
to East St. Louis 24.2 per cent; to New
York, 24.1 per cent.
Charges by a Belt Line.
The proportion of rates allowed the
Elgin, Jollet and Eastern railroad, an
other steel corporation subsidiary, was
also submitted. This is a belt line around
Chicago. Of the through rate on steel
rails from Chicago to Kansas City, $2.75
a ton. Mr. Freer said the Elgin, Joliet
and Eastern got 25 per cent; to East St.
Louis, 20 per cent.
"Whenever a railroad consigns ship
ments to a iiag station, designated for
another point, isn't it to obscure a di
vision of rates?" asked Chairman Stan
ley.
"Well, it may be so, but it is also to
sequre a division and reduce the cost to
themselves," sa'.d Mr. Freer.
"In other words, it's a device to secure
an unfair advantage," Mr. Stanley de
clared.
Big Profits on Carrying Ore.
Mr. Freer submitted to the committee
yesterday afternoon figures intended to
show that subsidiary railroad compa
nies allied with the United States Steel
Corporation by high freight rates earn
large dividends, which go to stockholders
of the steel corporation, and that such
railroads are an advantage to the steel
trust over competing concerns which
own none.
An effort to shut out opinions of the
witness as to reasonableness of certain
rates was made by republican members
of the committee, but it failed when the
committee supported the decision of
Chairman Stanley by a strict party vote.
Statistics presented by Mr. Freer show
ed high freight rates on ore lines and
larce earnings.
The Dulutn, Minnesota and Northern
railroad, he showed, in 1910 made a re
turn of more than 240 per cent on its
capital stock when the ore rate from the
Minnesota mines to Lake Superior was
W) cents a ton. The Pittsburgh Steam
ship Company, another steel corporation
subsidiary, which carries ore down the
lakes, it was shown, made large earnings.
"The profit to the steamship company
in the handling of the ore was 241? cents
a ton," Mr. Freer deciar-e<V. '"That profit
on the total capitalization of 120,500,000
is lfi per cent."
Mr. Freer said that coal and other com
modities were carried merely to reduce
the expense in transporting the ore.
LITTLETON HAS MEASURE
TO LIBERALIZE PATENTS
New York Member to Intro
duce Bill to Meet "Legal
ized Monopoly" Decision.
Representative Littleton of New York,
democrat, after conferring with the com
missioner of patents, announced today
that he would introduce a bill to meet
the "legalized monopoly" decision handed
down yesterday.
Mr. Littleton's bill will seek to limit the
sweeping power given to patentees by
the court's decision.
The bill liberalizing the present patent
laws will be drawn under the direct
supervision and with the advice of the
patent commission. It will seek to revise
that portion of the existing statute which,
under the court's decision, would permit
patentees to dictate what accessories to
their patents can be used in connection
with the original machine or implement.
Other liberalizing features will be
placed in the proposed new law. but
everything will be done to avoid injuring
the interests of inventors while at the
same time protecting the public from op
pression.
Other Bills Now Pending.
There are now pending before the ju
diciary committee several bills intended
to reach the same results as the bill to
be introduced by Mr. Littleton. These
were inspired by the government's suit
against the United Shoe Machinery Com
pany, but they have remained in com
mittee during the progress of the suit.
Mr. Littleton declared today that he
has had a bill ready for introduction for
some time, but withheld it upon learning
that the Supreme Court opinion was
framed and might be expected at any
moment. He is a member of the House
committee on patents, and declared his
intention of having his bill referred to
that committee and of pressing it upon
the House.
The remedial legislation before the judi
ciary committee, according to Represent
ative Norris of Xebiasku, a member, was
sidetracked in that committee because of
the question of jurisdiction. Opponents
of the measure seized upon the situation,
he charged, to prevent consideration
there, and at the same time blocked ref
erence of the measures to the patents
committee. Now that the issue was de
fined. Mr. Norris expsessed the view that
some legislation overcoming "legalized
monopoly" would be forthcoming before
Congress adjourned.
SDSTQS HIMSELF OUT OF JAIL.
Convinces Jury His Voice Could Not
Disturb Public Worship.
RICHMOND, Ky? March 12. ? Isaac
Lakes sang himself out of jail here when
he rendered "On Jordan's Stormy Banks
I Stand" before a jury in the circuit
courtroom. He was indicted for dis
turbing public worship by singing too
loudly. Several continuances had been
granted on account of the absence of
witnesses, so the judge suggested that in
lieu of testimony the jury be allowed to
pass judgment on the prisoner's voice.
The prisoner acquiesced, and, standing
in the witness stand, he sang with all his
might. The jury retired and immediately
acquitted the defendant.
Col. Roosevelt Disconcerted
When Challenged.
GIVES VENT TO FEELINGS
Protests He Would Have Given the
Plaintiff a "Square Deal."
EXPLAINS STAND ON PRIMABY
Denounces Present New York Law.
Asserts Effort Is Being: Made
to Deceive Public.
MINEOLA. Li. I., March 12.?Theodore
Roosevelt was drawn as juror No. 7 to
day in the damage suit of Michael Car
mody against the New York Central
raiiroad, but was quickly eliminated by
John J. Graham, counsel for the plaintiff,
who challenged the co'.onel peremptorily.
Carmody had both legs cut off, and at
a previous trial obtained a verdict of
$.'10,000 against the railroad. The appel
late division reversed the judgment and
ordered a new trial.
Mr. Roosevelt was plainly disconcerted
when he stepped down from the box.
Attorney Explains Action.
"I am ready to do my duty," he said,
"but I don't see why I should have to
come here day after day if nobody wants
me as a juror. I don't see what the
boy (Carmody) was afraid of. lor I cer
tainly would have given him a square
deal."
Mr. Graham had approached the colonel
so quietly that for a moment or two
few were aware that he had been chal
lenged. "You're a busy man, colonel,"
the lawyer aaid, "and we will excuse
you."
Explaining later why he had challeng
ed the colonel, the lawyer said: "He
is a busy man, and I think he would be
conferring a greater boon on humanity
by serving it In other ways than by sit
ting in this case for three or four days."
Denounces Primary Law.
Before leaving for his office in New
\ ork the colonel gave out a statement
replying to one Issued by the republican
state committee last night, saying that
he was inconsistent in assailing the direct
primary law in this state, inasmuch as
he had previously, supported it.
"I stood most strongly for the bill that
Gov. Hughes approved," said the colonel,
"the best bill possible to obtain at that
time. The present law is not only a
much worse law than the bill proposed
by Gov. Hughes, but so much worse
that a great many good men have told
me that it would have been better to
have had no law at all."
He added that an effort was being
made to confuse the public as regards
the law proposed by Hughes and the
one enacted.
GERMAN ARMY FLYERS HURT
Motor Stops While in Air, Machine
Crashes to Ground?One Dying
BERLIN, March 12.?Two flying mer
of the German army were severely in
jured today while executing a mllltarj
reconnaissance in a Harlan monoplane.
Lieut. Engwer of the railroad regimenl
and Liieut. Solmitz of t.ie automobile corps
ascended from the military aviation
ground to make some observations. The
motor stopped while they were at a con
siderable altitude and they were obliged
to make an emergency landing, in which
the monoplane dashed heavily to the
ground and was smashed, the two of
ficers suffering severely.
An aviator who was accompanying them
in a Wright biplane descended at the
same time and rendered first aid, bul
it is believed Lieut. Engwer cannot re
cover. *
TWO VESSELS IN DISTRESS.
Fears Felt for Crews of Oil Boats
Off Californian Coast.
GAVIOTA, Cal., March 12.?The tank
steamer Rosecrans of the Associated Oil
Company went on the rocks here early
today and one sailor was drowned in an
attempt to reach shore in a small boat.
The Falls of Clyde, an Associated Oil
Company sailing vessel, is flying signals
of distress, but the waves were so high
that lifeboats have been unable to reach
her. It is feared she also will go on the
rocks.
Tne Rosecrans has a crew of thirty
six men, and tbe Falls of Clyde nineteen.
SURE OF RE-ELECTION.
Gov. Hooper Confident at Tennessee
Republican Convention.
NASHVILiL.E> Tenn., March 12.?When
the republican state convention organized
here today Gov. Hooper declared he was
sure of renominat.on, and forecast that
he would be elected by a majority of
20,000 in excess of that two years ago.
Gov. Hooper asserted history in his
case, would not repeat. He referred to
the campaign of three decades ago, when
Hawkins, a republican governor named in
IShO as a result of a democratic split,
stood for re-election. Hawkins faced a
reunited democrat.c party and was de
feated. Hawkins and Hooper have been
the only republican governors in Tennes
see since the state constitution of 1870
Today's convention handled state matters
only. The state meeting to name national
convention delegates will not take place
for two months.
STEER WEIGHS 2,500 POUNDS.
Largest Range Animal Ever Sent to
Market Brings $200.
BIJLLINGS, Mont., March 12.?What is
claimed to be the largest range steer ever
sent to market has been shipped to Chi
cago from here. The animal weighs more
than 2,500 pounds, and brought $200,
which is said to <be a record price for a
range steer.
The animal was fattened on alfalfa,
sugar beet pulp and sirup, and, one man
said, on Dr. Wiley's advice.
Gets Prize Money After Fifty Years.
WARREN, Pa., March 12. ? Hiram
Towsley of Garfield, near here, has re
ceived a check from the United States
government for $105, which was the bal
ance due him in prize money for services
rendered during the civil war. Mr. Tows
ley was one of the crew of the gunboat
Connecticut. For valuable cargo captured
his share amounted to $2,400, of which
$105 had not been paid owing to an over
sight.
*
mm
ATSOUTH POLE
Explorer Hopes Films Now Be
ing Developed Will Prove
to Be Good.
GIVES NAMES OF MEN
WHO WENT WITH HIM
Declares Shackleton Wrong in Say
ing Same Plateau Was Eenamed.
WORK OF LIEUT. PRESTETTD
Tells of His Expedition to the East,
When He Paid Visit to
King Edward VII
Land.
Copyright. 1912. hy thf N>w York Times Co.
(All rights rwrTed l
HOBART, March 11.?I was privileged
today to go on board the Fram. ami again
had a long Interview with Capt. Roaid
Amundsen, who furnished further details
of his great dash to the south pole. He
said:
"My four companions on the Journey
were Helmer Hansen. Oscar Wisting,
Sverre HaEsel and Olaf BJaaland.
"We all worked well together. I could
not have had a finer, more loyal or more
determined party.
'For food we relied entirely on petn
miean, biscuits, chocolate, powdered milk,
and, of course, dog meat. The dogs were
fed on pemmican.
'In my opinion we had the best and
most satisfying provisions possible. In
fact, from the beginning to the end of the
journey we never felt an undue craving
for something to eat or any feeling of not
having had sufficient nourishment.
Used No Alcohol on Dash.
"Alcohol of every kind was absolutely
barred on the Journey. While staying
in our winter quarters we had grog as a
treat every Saturday night, but when
sledging we considered it advisable to
carry no spirits. Nor did we take any
surgical appliances, with the exception of
a few bandages. We trusted to accidents
not occurring.
"Of course, I had a camera. It and
myself were Inseparable. In addition
to taking various pictures on the way, I
obtained photographs at the pole. All
the films were used, and the camera
worked well. I am not an expert photog
rapher, but the film* have been put Into
most trustworthy hands to be developed,
and I hope* will turn out satisfactorily.
"We lost two dogs in crevices owing
to the harness breaking. After that the
harness was strengthened and we suf
fered no more losses of that kind.
"The dogs proved very suitable for the
work, for their weight being so little
they were able to cross snow bridges
which ponies would certainly have
broken down. Occasionally the leading
dogs broke through, but the others were
able to hold them up, the harness, after
the first incident, when we lost the two
dogs, invariably holding good.
Regretted Killing Dogs.
"I think what touched us most keenly
on the whole Journey was the unavoidable
killing of dogs which had shared our
dangers and done such splendid work.
The killing of them went to the heart of
every one.
"We left our winter camp at the Bay of
Whales ready for occupation for any one
who chooses to go to it?clean from floor
to ceiling, fuel ready in the kitchen stove,
the lamps ready for lighting, crockery
laid on the table. We left the place, in
deed, prepared for visitors. We also left
a good supply of food in the depot, a fur
ther supply in the depot at N> degrees and
a considerable quantity of dogflesh at S2
degrees. No danger to these provisions
need be apprehended, I think, from the
three missing dogs.
??I hope visitors will soon make use of
the depots. Whoever does so is heartily
welcome to everything there.
Heard From Japanese Party.
"There is a likelihood, I fancy, of the
Japanese visiting the camp, for when the
Fram left for Hobart some Japanese were
camped in a tent on the harrier, their
vessel having departed. I did not see
them, but they had told Capt. Neilsen, the
captain of the Fram, that they intended
staying only a few days to see what was
the condition of things there.
"In my opinion it will not be long be
fore the" winter camp which I left will be
made the base of another expedition
undertaking geographical exploration of a
more detailed character, particularly in
regard to King Edward VII Land and its
connection with Victoria Land, the nature
and extent of the Ross barrier and the con
figuration of the mountains which stretch
away apparently across the continent.
"I have already cabled that I do not
expect to return to Europe for a long
time, as I have work which I must do
now In the arctic.
"I may say that I received authority
from the commonwealth government to
land in quarantine at Hobart twenty-one
dogs which I am presenting to Dr. Maw
son's expedition. Owing to the non-arrival
of any wireless message rom Adelaide
Land, some doubts have been entertained
respecting the safety of Dr. Mawson s
party and his vessel, the Aurora, but I
sincerely hope that there are no grounds
for fear and that the expedition is safe.
"I ought to add. too. that I deeply re
gret the foolish rumor which some one
spread from Wellington, giving rise to
unfounded hopes that I knew something
of Capt. Scott.
Says Shackleton Is Wrong.
"I see, according to reports cabled here
from London, that Sir Ernest Shackleton
says the plateau at the pole which I
named after King Haakon is really the
same as the one he named after King
Edward VII. I think Sir Ernest is under
a misapprehension, for when he reached
his farthest point south he was ascend
ing. We reached our greatest height,
10.750 feet. In nearly the same altitude as
Sir Ernest Shackleton's farthest point,
and we then descended, and at the pole
itself we were on a vast, apparently level
area, with a slight slope away south
ward, shown by the Instruments, but not
perceptible to the eye.
"In a general sense It Is, of course, P&rt
of the same elevated area aa that named
by Sir Ernest Shackleton. but R is cer
tainly not the same plateau. "We had every
right to name the plateau at the pole.
"I consider the place where w-e crossed
the mountain range much easier than the
Beardmore glacier, which has been found
to have many dangerous crevasses We
crossed crevasses, but they were not nu-?
merous, nor were they particularly dan
g "Beyond the Devils glacier, as I have
already said, we came to a place which

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