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STOCK QlrOT?TION? *? **VT LL, 1 No. 19.234. WASHINGTON, D. C., MONDAY, MAY 26, 1913.?EIGHTEEN PAGES ONE CENT. UNIQUE PLEA FILEU I Lower Tribunal Asks Reversal of Appellate Branch in Labor Cases. PETITION IS A SURPRISE TO LEADERS AND COUNSEL Reduction of Sentences of Gompers, Mitchell and Morrison Declared to Be by ?'Assumed" Power. A petition said to l>e unique in the hlstorv of jurisprudence was filed in the Supreme Court of the I'nited States forla*. Members of The Supreme Court of the District of <'olumbia asked that a portion of the decision of the Court of Appeals of the District of Columbia In Hie ?;ompers-Mitchell-Morrison con tempt cases be reversed. The signers of the petition are Chief Justice Clabaugh and Associate Jus tices Barnard. Anderson. Gould. Wright and Stafford. They ask the Supreme Court of the I'nited States to reverse that portion of the decision of the ? *ourt of Appeals in the labor cases in which the Court of Appeals attempted to reduce the penalty imposed by the Supreme Court of the District on the labor men. "Assumed" Power. The action of the Court of Appeals in reducing the sentence of Gompers from twelve months to thirty days in jail and in substituting fines of $500 each 011 Mitchell and Morrison in lieu of jail terms is referred to in the pe tition as the exercise of an "assumed" power, in the face of former distinct .?'djudicatlons by the Court of Appeals that it lacked the jurisdiction to change a sentence for contempt even if so disposed. There will be no opposition by the Supreme Court of the District of Co lumbia to the granting by the Supreme ^'fturt of the I'nited States of the ap plication for review filed last Saturda.v bv Gompers. Mitchell and Morrison. Not only has the Supreme Court of the District no objection to a review of the decision of the Court of Appeals, hut concurs In the request of the labor leaders. Today's Petition the First. Today'* petition is said to mark the flrst time in the District of Columbia, and probably in the entire country, that mi inferior court has thus complained to the Supreme Court of the I'nited States of the treatment accorded by a tribunal empowered to hear and de termine appeals from the judgments nnd decrees of the inferior court. The filing of the petition came as a distinct surprise, not only to the labor leaders, but to their counsel. Although Chief Justice Clahaugh took no part, because of illness. In the hear ing and determination of the con tempt case, he appears to agree with his associates that the Court of Ap peals has no power to gauate the ex tent of the alleged contempt of the Dis trict Supreme Court or to name the punishment to be meted out by the of fended tribunal, and so Joined in sign ire the application for a writ of cer- ^ tiorarl. Of Great General Interest. "The Jurisdiction thus assumed bv thej Court of Appeals is not only a de- ' parture." reads the petition of the lower court, "from its own repeate^ adjudications upon the question in-, volved (Gompers vs. Bucks Stove and' Kange Company. App.. D. C. 5 IS. i 577; Pierce vs. I'nited States. 37 App.. D. C. 582. 5i?7. Raymond vs. I'nited States 2? App. D. C. 250. 257 >. but is one <>f great general interest and of far-reaching importance and effect; since, if correct, it not otilv makes sen tence imposed by this court in every case of either a criminal or of a <iuasi 1 ritnirial nature appealable to the Court ? ?f Appeals, hut takes from this court, and from all other courts of similar character, the summary power to en- ' for. e their orders and decrees, and to vindicate assaults upon them, which h?ne hitherto been held inherent in and ri''?-essarv to the existence of all courts 1 postpones, if sustained, the prompt I :ir.l necessary assertion b\ this and I toilar courts of their inherent powers' and the enforcement ..f their orders ' judgments and decree- until after ati appellate tribunal sh*ll have passed upon, concurred 111. revised modified the orders and judgments in . rt?cs of ''.ntempr which the courts, wh-.se'au thority has been offended against have imposed. Important Questions Involved. **ln view of the great public im portance of the questions involved, this court concurs in the petition of th* said respondents, which they are advised Is to be by them presented to the Supreme Court qf the United States, that a writ of certiorari mav be Issued requiring the cv.urt of Appeals of the District of Columbia to certify to the Supreme Court of the I'nited States, for consideration and review b> it of the questions presented to and determined by the said Court of Appeals in the contempt proceedings against the said Samuel Gompers. John Mitchell an.1 Frank Morrison, being C*Uof Nr?i rV7 !,i ,he r"urt of Appeals of the District of Columbia, to the end rhat said questions may be determined In accordance with law and as their great importance demands" The complaining judges point out that Gompers and h.s associates were found guilty of contempt in an "open avowed and defiailt dlsobedkrnce" of de. rees of injunctions of the lower court, and that, after being afforded due opportunity to purge th*. con tempt by signifying their wilii,,gness hereafter to obey the orders and de crees of the court unless and until the same should be reversed bv competent authority, in accordance with the |aw as declared by the Supreme Co,,,. 1(f the rnlted States in the former con fempt proceeding, each of the said respondents declined to make anv apology or acknowledgment for his conduct in the past, or to K|Ve anv a ?su ra nee that the authority of the ^ourt would be respected or its orders and decrees obeyed in the future. Sustained in Every Particular. The Court of Appeals; according 10 the .??titIon. sustained in every particular the action of the lower court in the convic tion of Gompers and his associates and found that, "standing convicted of a most persistent and flagrant violation of an order of a cnirt of the I'nited States, after every excuse for their Mr-tion had 'leen brushed away., they not onl> re fuse. I submission to the courts, but. hy their ? lion, contemptuous!v iletied all lawful and constitutional thor'tv vea. govern ment ilself. and had ..n fronted the court "aruu a deep-laid conspiracy to trample ur.d?t foot the law of the land and set in defiance the authority of the govern ment " Hespite <hese Undines the court, claim ing the power t'? r?vlew. affirm. reverse or modify any final decree of the lower court, held the punishment imposed to he excessive and modified the sentence "im posed by the lower court in the vindica tion arid protection of its authority and powers." The petition was presented on behalf of the court by Attorney J. .T Darlington, who fs also chairman of the "committee <?f prosecutors" having the contempt pro ceedings in charge. sleepinPeople ROUTEDBYFLAMES Early Morning Fire in the Stafford Apartment House. BUILDING DAMAGE. $8,000: PERSONAL EFFECTS, $6,000 Many Occupants Beach Streets in Night Apparel?Blaze Confined to Upper Stories. Occupants of sixteen apartments in the Stafford. 17?0? l-^nier place northwest, were routed from their l>eds this morning about -1 o'clock by fire. Very few of them remained in their apartments long enough to don their street clothes. Care ful estimates made when the excitement had subsided placed the damage to the building at and the loss in per sonal belonjrinsrs at $K.?*io. The blaze was confined principally to the two upper" floors. The tiro originated in the shaft of the lift. Miss Margaret Saatninons and Miss Lillian l'ace, the latter a public school teacher, occupants of an apart ment at the northwest corner of the fourth floor of the building, discovered the blaze when It had made considerable headway and shouted a warning to oth er occupants of the building. Miss Pace and Miss gammons narrow ly escaped being caught in thu fire, it was said today. One of them had be come restless in the night. She believes she was awakened by smoke and got up to close a door and it was then that the blaze attracted her attention. Warn ings soon were heard throughout the structure and occupants of the apart ments became so excited, it is stated, I that It was not for several minutes that an alarm was sounded to summon the engines. No. 9 truck company and 21 engine company, quartered only a few doors from the apartment house, responded to the outcry for help, and then a regular alarm was sent in. Four com panies of firemen were on hand as a result of the first alarm and a simi lar number came in response "to a sec ond alarm. Chief Wagner took charge of the fire-fighting force. Presents Threatening Aspect. "The fire was through the roof when I got in sight," Chief Wagner stated, "and I feared a holocaust." For a short time it looked as if the firemen would be unable to save the building, but a generous supply of water enabled them to get it under control before if progressed below the third floor. Although the fire was con fined to the two top floors and roof, the water damage below these points was considerable. Mrs. Tindall, w ife of Dr. William Tin dall. occupant of an apartment on the third floor, was one of the first on that floor to learn that the buildiiiK was ablaze She called to her husband ' that she could see a bright light in j the sk\ arid soon she announced there] was a fire in the- neighborhood. Leaving her b?-?l and to t he win dow, Mrs. Tindall discovered that the b aze was n the building, and was burn iiik throuah the roof. Sin- aided in notify ing others of the danger, ami after quit-'; t preparation she and hei husband made a hasty exit. Hot Wall Leads to Discovoery. Chief Wagner f? It one of the walls and' found it so hot that he had a fireman chop a hoie in it. and found the wood wot k was hurniiiK there at a fur ous rate. Such partitions, the ch ef explained, "are not fireproof." The firemen worked nearlj an hour before they succeeded in extin guishing th* blaze on roof and upper floors, and another hour's work was re quired to make it safe for the people to return to their apartments. Maj. D. J. Leltch and Misses Pace and Samnions were the heaviest losers. Their apartments on the top floor were burned out and the loss in each apart ment is estimated at about $500. Sol. I^ansbut-Rhs apartment on the same floor was badly damaged by water. Other losers include Robert Groom, base ball player, who was absent in Philadelphia with the Nationals: Mrs. Lew Newmyer. Mrs. David Frank. Dr. Tindall, Miss K. Levy, Mrs. John Hrodie. Sol llerzog. C. K. Pierce. Sid ney Kaufman. Isaac Newman and Wil liam K. lteiss. Julius Peyser, lawyer, who res des at the Octavia. hurried to the scene of the tire to look out for the safety of his mother. Mrs. N. Peyser. He found she had left her apartment without dif ficulty. however, as had the others, and there was no occasion for aid. Originated in Dumb-Waiter Shaft. Fire Marshal Nicholason today made an examination of the building. He sa d the fire originated in the dumb waiter shaft. He explained that the siiaft is fireproof from the cellar to the top of it. and that the tire got out of it onl> when the top was reached. He sug gested that something thrown on the dumb-waiter at one of the upper land ings started the flre. ALLIES DELAy PEACE. Strife of Greeks and Bulgarians Halts Negotiations With Turkey. LONDON. May *_'?'??The strained rela tions between the Balkan allies show little improvement. A Tim?s dispatch from Athens sa>s that the Greek fleet I w hile passing Kavala was fired upon by Kulgarlan shore batteries. This new incident, following the se vere fighting at Saloniki. has created a painful impression at Athens, and the Greek government is making urgent rep resentations to Bulgaria. The danger of war between the allies distracts atten 1 tion for the moment from Hie peace ne gotiations with Turkey. A Constantinople dispatch to the Tunes sa\s that ltal> and Germany are dis ' posed n>> longer to oppost- tin cession ..f piacticallj all iue Atgan islands to 1 Ore?iw. Work Is to Be Explained to the Wives of Members of Congress. PROFITS ARE IN SIGHT FOR THOSE WHO INVEST Unusual Opportunity Is Presented for Combining Good Business With Practical Philanthropy. Practical philanthropy with a .? per cent dividend in real money will he! explained with considerable force to the wives of congressmen who have been invited to attend an "alley meet ins at Rauscher's tomorrow morning I at 11 o clock. At that time prominent members of the woman's welfare de partment of the National Civic Fed eration will tell plain tales of the slums and the proposed methods for cleaning them out. It has been an nounced that Mrs. Wood row Wilson would attend this meeting, but it has j been denied that she will make an j address. ^ Chief among the methods to be ad ] vanced for the upbuilding of the alleys will be an explanation of why |20.00? is needed to capitalize the sanitarv j houses which will have to be built to J make homes for some of the families j who will be ousted under the Kahn bills to make parks of (Joat nllev and Snow s court. Mrs. Archibald Hop kins. chairman of the Washington sec tion, woman's welfare department, has centered her energies almost en tirely on completing the amount neces sary. Charity and Business. "We must have $20,000 at least," she said today, "and as a dividend of 5 per cent comes from the Investment in the company which builds these houses, it ought t<> appeal to any one with monev i to invest. It is difficult to find an opening for such sums as $100 or $200. and yet here is the opportunitv to do the community a service and get money back of it. We are bent on making a strenuous campaign for this amount. Already more than $7,300 has been subscribed >r is in sight. Peo ple who understand that we do not in tend merely to tear down alley homes without offering a substitute for til" families evicted subscribe their money to the stock of this sanitary hous ing company without hesitancy, realiz ing that it is an unusual mixture of business thrift and charitable philan thropy." , According to Alonzo Tweedale, audi tor for the District of Columbia, if the law which Representative Borland spoke of in an interview published in The Star of yesterday morning should be enacted. the Commissioners would have in hand practically $100,000, which has been appropriated by Con gress for the express purpose of clean ing up alleys, making them into minor streets, or any other clean-up proposi tion which seems.necessarv. This money is tne balance from four appropriations, amounting to $165,000, granted at various times since 1903. The existing law allows the Commis sioners to use this sum as a working capital to use in condemnation pro ceedings in alley clean-ups, and the total of the condemned amount, to gether with the expenses of condemna tion proceedings, salaries of jurymen, *-tc.t is assessed as benefits. Money to Be Returned. Sixty-five thousand dollars of this money is already out in the alleys, where they have been converted into minor streets, and that money will be turned back to the District eventually under tiie process of assessments which allows property owners four years to make leturns. However. \\ hen Henry I.. West was Commissioner, he was instrumental in stopping the alley work then proceed ing. as there was a lively protest against the existing methods of as sessment. The law on the subject is considered inequitable, inasmuch as it puts the burden of the benefits in an area of property which is considered too small. In other words, surround ing property owners have t<? pav too ! much. It is at that feature which Rep resentative Horland proposes to hit in jan alley measure v.hich he may intro duce. At the District building and in j the Capitol there is an evident desire to have enacted a measure which will ailow a condemnation jur\ to assess benefits in such fashion as not to im pose a burden on tlie neighbors. Injustice in the Law. "Also, said Air. Twepdale, "the pres ent law seems to work another injustice. For instance, take an alley ten feet wide, where it is necessary to run a minor street. You have to condemn two strips of land on either side of the alley, twen ty feet In all, say: and you condemn that property. You take away the houses there, give the owner a sum for his prop erty and then go to work and assess ben efits light back on the remaining proper , ty. In effect, you are takins away a | property owner s investment and giving nothing in return." Dis: rict building officials today said they had already' gone into the question of Madison alley northwest, which Repre sentative Borland of Missouri says is the "worst he ever saw." "The houses which he speaks of " said Roy Haynes, secretary of the District condemnation board, "are well known to me and they have been placarded already. I was there only ;en days ago. There is nothing that 1 iio not know of thut alley j The difficulty with the situation Is that there is no law at present by which I can ( make the owners ;ear down the shacks " Bills Introduced in Senate. i The two bills which aim to wipe out two of the capital's eyesores. Goat alley and Snows court, were introduced in the Senate todsy by Senator Pomerene of Ohio. They are identical with those introduced in the House Friday by Representative Kahn of California. "I am heartily in favor of. public .parks." said Senator Pomerene today,! ! "and In the matter of these bills I be-! lieve a great good will be accomplished. ; To change spots which have been the j worst kind of slums into beautiful pub- j lie parks would be a step in the right j direction." i The District Commissioners are au-j thorlzed and directed by these bills t<> | institute in the District Supreme Court i proceedings for the condemnation of! the land necessary to make interior! parks of these alleys. These proceed-! irus are t<> be begun within jix months, after the passage of the measures. Brazilian Envoy Sails. Senor l.auro Muller. the spei4fcl envoy! from Brazil, w ho is coming to the I'nited ; States to repay the visit to his country of j Mr. Root, former Seeretar> of State, will' j arrive, probably at Hampton roads. June, i pt He sailed from Pernambuco on the j IbuUlcJJi'p Minae (Seraes Saturday and is due t? It each the Barbados June 4. 1 PREPARING HER VALEDICTORY GIVEN HEP CROSS AID American Sufferers From Mex ican Warfare May Now Escape. The Re<l Cross today authorized the United States consul at Tampico. Mex ico. to draw S2,<*:0 to be expended for the 1 maintenance and transportation from that port to Galveston of American refu- j gees whose property has been destroyed, and whose lives h?vc been endangered l>y long-continued and widespread disor der in t?at section of the state of Tamau lipas. Today's reports to the ??tate Depart ment say that conditions around Tampico have become intolerable for Americans and other foreigners. Banditti masquerading as rebels have been attacking oil camps, farm? and ranches, taking arms, horses and sometimes money, the federal force being inadequate to stop the raids and depredations. Many American farmers already have fled, from th^ir holdings, and many others who desired to Nave were unable to do so because of their des titution. The department is informed thai the Tampico military authorities have dis covered a new plot against t e govern ment. and that ten men have been ar rested and sent to Vera Cruz on a gun boat. All rail and telegra.phic communi cations have been cut. William I,orraitn* Cook. a milling engi neer, who with a party of friends was robbed by bandits, escaped from Zihua tanejo in a canoe and is now safe In Acapulco. C. K. Pulton, for whose safety the State Department made inquiry, is ?afe and well at Sat; l>imas. Consul Johnson at Mataiiioras reports that John Friedman is supposed to be in Victoria. MORE LIGHT "FOR AVENUE New Lamps to Provide Four Times Present Amount of Illumination. Pennsylvania avenue from Peace Monu ment to the Treasury wi:l be provided v\ith four times the amount of illumina tion it has at present by November I, ac cording to announcement today by Walter C. Allen, the District's electrical engineer. The Commissioners today inspected sev eral types of posts for the proposed new I'ghtlns system for Pennsylvania avenue. It is expected that a decision as to the style of post desired will be r< ached w ith in a few days Start Work in September. Work on the installat on of the system probably will not beg'n before September, as it probably wlil be impossible to obta'n the nosts before that time. Illumination of Pennsylvania avenue, between the limits named, is now provided b\ means of seventy-five arc lamps of T.Vi candle power each. 1'nder the new arrangement there will be 150 lamps of 1 .."*?>? cand.e power each. In other words, there will be twice as many lamps and twice the amount of candle power, wh'ch wll! ,tn .rease the illumination of the street four times. The increased cost annuallv of maintaining the lighting on the Ajvenue between Peace Monument and the Treas ury will amount to about $s,o; o. The new posts wi 1 cost about ST.utio. THE DAY IN CONGRESS. - Senate. In session 2 p.m. ; Finance subcommittees contin ued hearings on tat iff bill. Presi dent Kingsley of New York l.ife Insurance Company testifying before. Senator Williams' coni i inittee. H ?u Not in session; incuts at noon T uesday. * FORUBEL TRIAL Arrives With His Retinue to Press Charges Against Michigan Editor. WITNESS LIST READS LIKE "TENNIS CABINET" Men Prominent in Washington in Former Days to Defend Former President's Reputati?n. MAKyr KTTK. Mich.. May 2*i.? Col. Theodore Roosevelt. accnmuan'ed l?v a retinue of friends, witnesses and newspa !<?*r men, arrived liote this morning. His suit for SPmmmi damages, charging libel against George A. Xewett. publisher of the Ishpeming iron Ore. is scheduled to begin at - o'clock this afternoon with the selection of a jury. I Three straw hats enlivened the scene when Col. Roosevelt and his party step ped from the train. A touch of winter still lingers here and the appearance of the Ftraw hats brought a round of ap plause. In Roosevelt's Retinue. Accompanying <"ol. Roosevelt w?yv Rob ! eii Kacoii. former assistant secretary of state; Truman H. Newberry, former Sec ; retary of the Navy; Clifford Pinehot, James R. Garfield, Regis Post, former | Governor of Porto Rico; Dr. Alexander I Lambert, Jacob A. R!is, Dr. Rixey, former | surgeon general of tl^e navy; Lawrence Abbott, VY. Kmlen Roosevelt and his son Philip; William Loeb.jr., Gilson Gardner, I.. A. Curtis, O. K. Davis, Frank Tyree, John Callan O'Laughlin and James Sloan. All of these are to be \\itnesaes. Sloan and Tyree are secret service men, who accompained Col. Roosevelt on many of his campaign tours. Forenoon Proceedings Brief. The foreno.ni proceedings in court oc cuuied less ti;an a liiinute. "Roosevelt versus Xewett." read tiie clerk from the calendar. "The plaint fr is ready," taid Attorney W. S. llill. "The defense :s ready." repeated Attor I nev W. P. Belden. Jiid^.e F annif-'iin then announced that ttie case would begin at *_? o'clock in the afternoon. Meanwhile Col. Roosevelt, James R. Ga. tb id. O. K. Davis, Attor ney Pound and others of ill" pia ntiff's party were in conference at tl.e home of George Shirks. .-on of Justice Hhlras, re tired. of tiie I'nited States Supreme Court, whose guest Col. ROoseveli is. Col. Roosevelt will probably be the tirst witness put on the stand. Attorney Found, chief of counsel for the plain tiff. did not divulge his plan, but it *>e j came known that the colonel is likely i to testify at once. Ity tiie nature of his statements ihe plaintiff is expected to j call for all the evidence in the hands of j the defense. This will open the wa> for ? the introduction of the mass of evidence | gathered by the plaintiff. Women to Have Chance. j Judge Flannigan -^a.d that as women I seldom attend court he was determined they shoulfl have a fair show' at the present trial ? He reserved half" of the main floor seats and the entire baloony for them. Tables for the lawyers and newspaper men occupy the space between the judicial bench and the railing. No social program has been prepared ' for ?'ol Roosevelt here, although h? will be asked to make an address Me ! nutria 1 day. George A Xewett. whom Col. Roose \.!t is suing, is publisher of Iron Ore I tLuntinuey^i Third i'a**.) CUT RATES UPHELD BY SUPREME COURT Thousands of Patented Arti cles Affected by Decision Favoring Retailers. j I 'a ten t ed articles >old under price I restrictions by manufacturers may he resold l.y retailers at cut rates. The Supreme ?'ourt .-o held today in the ? case of a newly patented nerve tonic, j Safety razors, talking machines and thousands of other patented articles are affected by the decision. j With the exception of a decision by Judge Kay in the federal court in ; New Vork. the manufacturers had been ; successful in suits in federal courts to uphold their price restrictions. Inas much as the decision of the lower fed eral courts is final in patent cases the Supreme Court had rot had an oppor i tun tj to pass upon the i|tiestion before today. The opportunity presented todav arose through doubt l.'y local judges as to w hat was the law. Local Druggist Center of Fight. A local druggist had sold the patented ? nerve lonii- at cut rales. The manu farttirer sued him for alleged infringe t ment of the patent jn that he had violated the notire ??n earh bottle that each package was frr sale and use at not less than $1. and any sale f?>r less ; would be an infringement of the parent, j The local judges certified to the Supreme court the' question of whether ? the acts of the druggist in retailing I at less than the price fixed in the notice , cons i tilted an infringement of the patent. Justice Day announced tie courts deri sion. He said Ilia: the yati-m law gave , tiie owner tin- exclusive right t<? "vend" articles, lie explained the question was whether the owner thus sot a right to "keep up the price." In substance he de clared the right to "keep up the price" was not the same as to "vend" or "sell" and so not granted by the patent law to patent owners. Justices McKenna. Holmes, I.urton and Van Devanter dissented. Justice Day in his decision "dis tinguishes" the famous "mimeograph case' of more than a year ago. but many lawyers who heard the decision regarded the term as a polite phrase for reserving that case. Justice Day said that in tiie "mimeo graph case" the restriction dealt with . the "use" of the machine, namely. speci fied what materials i-ould be used upon it, and was a qualified sale consequently. He declared that in the case before the eourt today it would be a perversion < f terms to call the transaction in any sense a 'license to use the invention." He added that there was no showing of a "qualified sale" for less than value for limited use with other articles upon which profit was expected to be reaped, hut was a complete sale wherein all title of the paten: owner had been transferred to the retail dealer. I Upholds Bights of Vender. j Alter disposing of the "mimeograph II ise." Justice Day said in conclusion: "The rer'l i|uestion is whether in t!>e exclusive right secured by statute t<> "vend" a patented article there is includ ed tiie right, by notice, to dictate the price at which subsequent sales of the article may he'made. "The patentee relies solely upon notice quoted to control future prices in .he re sale by a purchaser of an article said to lie of great utility and highly desirable for general use. The appellee and the jobbers from whom he purchased were neither the agents nor the licensees of the patentee. They hud the title to and the right i tn sell the article purchased without ) accounting for the pro-eeds to the j patentee anil without making any fur ther payment than hail already been made in the purchase front the agent of the patentee. "I'pon such facts as are now pre sented we think the right to vend ; secured in the patent statute is not distinguishable from the right of vend ing sriven in the copyright act. "In both instain-es it was the intention of Congress to secure an exclusive right ; to sell, and there is no grant of a privi j lege to keep up prices and prevent com | petition by notices restricting the price at i which the article may l?e resold. The j right to vend conferred by the patent law hac been exercised, and tiie added restric Jilon is beyond the protection and purpose ?of the acu" I uniinn? Health Officer of New York Port Asks for Ban on Treat ment for Tuberculosis. ACCELERATES, RATHER THAN RETARDS. DISEASE Declares Patients Have Not Im proved and Public Should Be Pro tected From "Cruel Fraud." ? XKW YORK. May In Joseph .1. i ?'<'onnell! health officer <>f the port of New York sent a letter ?to-lay to Health Commissioner l.ederle request - i n K' Ti i iii t" submit to the board of health at its ,ne\t meeting a resolu tion prohibiting the administration of the Friedmann treatment for tuber u losis in New York "until such time as those interested affirmatively in its ad ministration shall sat.sf" the hea-tli department of its innocuous chaiar ter." ? "The reports of the investigator of your department." reads the letter, "whose peculiar experience with tu berculosis gives his reports a com pelling- force, are all to the effect that the dangers which might have been apprehended in such a form of treat ment awe actually present therein. He finds that the patients subjected to this treatment have not improved, but have lost ground to an extent greater than might be expected from the nat ural ravages of the disease. "He finds that where the tuberculosis condition affected one side prior to inocu lation with the serum (sici there was after such inoculation an unnaturally 'rapid development of the tubercular proc ess on the hitherto healthy side. which in j dicates that the operation of the alleged I cure had a tendency to accelerate iatliei than retard the progress of the disiusc. Culpable to Hesitate Longer. "It stems to me that it uoul.I be eulpa j ble for ue to longer hesitate, and tit it oui I duty now is to insist upon such a regu i lation* and supervision of this entcrprist | as shall prevent the perpetration upon tin ? public of a dangerous and ci uel fraud j We cannot overlook the ftct that thit I treatment has oecn exploit<d much aftei j the manner of tiie exploita;ion of certaii 'so-called mining securities, and utiiei ? financial schemes from which the credu lous public lias suffered. "The wide advertisement of the serun has had an effect of awakening a tina and pitiful hope in the breasts of the des perately ill. which shrewd and sonscience less men might turn into an immenst financial profit. "There has been time and opportunit> in vleutiful measure extended to Dr. lpviedmann and those wiio propose sinv i ilar remedies for tuberculosis to demon strate the therapeutic value of their treatments, but there has Peon no such demonstration of value. On the other hand, we have before us reports of tin ! gravest character." French Government to Prose cute Organizers of Anti Military Campaign. PARIS. May '-?> Knergetie action was taken by the French government against the aiiti-militar> campaign in France to day More than eighty offices of the eral confederation of labor exchanges in Paris and provincial cities were occupied by tiie police. All the documents found in the bu reaus were seized by order of the govern ment. which intends to prosecute ot charges of sedition the o'ganizers of re cent demonstrations among the soldiers against tiie newly introduced three-yi-at term of service hi the ac.ive army. The arranv-enii-nts of th? police wen carefullv made ami the seizures were car ried out simultaneously everywhere. it is asserted that much incriminating ma terial was found. FIBE FOLLOWS EXPLOSION. Three-Story Building Destroyed and $100,030 Loss in Kansas City. KANSAS ' 'ITY. Mo.. May St.-Fire H'at started at an early hour this morning from an explosion destroyed the three storv building at 11-1-11 <}rand avenue, in which were the uLtowd Furniture Company and a moving picture trhatcr on the ground floor, and a pool hall and dancing academy, on the upper floor.. The loss is estimated at $1?HWW?. The O'Dowd concern is the largest lose,. Onlv b\ hard work of firemen was the blaze' kept from spreading to the su. rounding structures. HOSPITAL FUND GROWING. Announcement by Treasurer White of Additional Subscriptions. The names of ihe addit onai subscribers to the $:?mi.ooo fund for a new Kmergency 1 lospitaI were announced today by tJeorge WWhite, treasurer of the fund The subscriptions are. M K Wni,-nt. itoo- K P. Robert I Wynne, i . I d. fl'i; Mi^ K M ?be'? 'i ' Mrs C. <>. Bright. cents; JI. 11 ? "in Mrs Klmer V. Origgs. ??>>. W. U I u s-' Yf v i|. *'l Mrs. M K. l-owe. ! .TO cents: William Daigie. $1; John W d f son. ? ASKEDBY BOARD District Commissioners Seek Power to Regulate All Vehicular Traffic. REPEAL OF WHEEL TAX AMONG THINGS PLANNED Propose Also to Require the Annual Registration of All Motor Vehicles. V ImM conferring jsioneis of the District of Columbia gen .eial an.I i ntnpl<>t? h uthority to regular ; mi tor vehicle traffic ,,, the l?|strict "I imbla to.la> was sent to Congress by the (*ommiss4oncrs. j While conforming *uh*iantiall v .?* | sting regulations. the draft H.<lhoriz?* thre. important exception*. ?hi. It ar# as fol|..v\ s I* irst it provide* for an annual ie?i tration of motor vehicles. instead ? ? t th' present single registration without tun limit. Second ?It abolishes tj,. ^..fia! vv h?e; tax assessed against automobiles. Third It g|\es the * 'onim;ss]i>n,.|? ,|l4. jcrelion in making regulations ko??ihm t li. spu d ,,f \ chicles, in li< j ,,f u,r si-,., a it emulations now conUiiicil ii< the a'.; * i ? oncre-s h(.proved June it4. p.tmi | Mi-- draft covers into one law in a g.n | eial ?a> all existing regulations govern ! mg the operation of motor vehicles which are derived from several acts of Cougi> s> and regulations promulgated h\ the i mlssioncrs in the exercise of th. ir t?o' . ?? authority. Repeal of Existing Laws. Section .*? of the measure authorizes the repeal of all existing laws ami regula tions on tin- subject and gl\t.- the Com I mlssioncrs power to make anew *11 I essary regulations. impose all n?.<?<?.< i y ! license fees, impose penalties for viupiti -,i 'of the regulations made I ? v thtin ami j prosecute st.ch violations. In a-tepoi t accompany lug tin hili th District heads sav tint tin ptcient sp-ed ! limits fixed by act of ('oiigrs* sliou I "| in their opinion lie amended and tin- 111 <t l lei ol" Speed should be left to them to mi. . lus-t by regulation as tin tueessiti.of the ease may require. "They l>elicve." states the repot t. 'that there should be an annual resist rat Ion r license fee for motor vehicles, and that the existing act of Congress, which |,as beeft construed as requiring 'his f. ? to be paid but once, should be repeal) d. "They believe that the Imposition of iau annual wheel tax against motor ve hicles should be repealed. There Is no re cesslty for such a wheel tax if a proper annual registration or license tax is ini - j posed. As It is at present, tile owner of -fa motor vehicle has to pay a regis!rat on * j or license fee. an annual wheel tax and l an annual personal tax on a mot? r ve I hide as personal pn^.ertv. The whoie ? j matter of the proper annual Ik-ens. t??e ??to l>e paid should, in the Comnrcsi'ineri' '! judgment, be under their control, so t lat '? it may be adjusted from time lo t.mc. as 1 | the circumstances of the . as.- may re " | quire. To Meet Changing Conditions. 1 "The < omnussioners believe n more ad ! visa hie for Congress to delegaC t<> t ht i the authority of handling th >i est ? n of automobile traltic than il:at I l.otii I be handle.) diuetlv l.v Congre-s < ond - tioiis change. espe daily as t i tile matter of speed and traffic regulat 'on>, :ttid !' ! conditions should arise which would wai rant changes, the Commissioners a;e n..' i free to bring about ti e change nhi>u: ; the delay inc'dent to a modiiicati'n i t i th. law by Congress. If the Commissioners liar:.lied ? '? matter, such changes could tcadily l? ? j made b\ a . iia:.gin a r? t ula' .on ! The matter is one coming within th. j general police power, such a- ha- ;.<?? n . delegated t.. the Commissi')!!' ; - b Congress, and thete seems to I>.? n ? j reason why motor vehi -les l:ou|.' io? I excepted from the general police t..gv ev of the Commissioners, as is n?. ? ! case. j ' It w ould he the intention of th. < j 111 iSsiotlel S ill eye islllg the ilUti "I i t > II ? i posed !.. I ? conferred upon them In .? bill o prepare and adopt 'i?u:*! and !>: Miiiaid. regulation.- s\ch as are in f..- ? in otln t iuri.-lic: ions ao'.iuing th. ir?' lei .it automobile i. gist ra ki'tn and tr:"!f' I "pile:* such venii.il au?l.o"'t: i'''. hi' ? ' !<? pov?e to t ?>; i r f it 1 > i.e.. ? >? .? relations with oiIn r jurisdiction-. "Th> ma it. r i-' one of ? nu-i K r.i u'.- n portance. and the ('oinmissioiieiutg< ?arl> ii.-tion on the bill." The need of a general law givii them complete auihoeit\ to regulai* , motor vehicle traffic has been apparci' i to the Commisffloncrs for some time ; The speed of a Utomobilep. .? above j stated. Is now regulated In detail h i a n act of < 'ongress approved June C? j linn; Tic licensing and reglst'ation j is provided tor under act ..| ?'ongre^ approved V'eljruii r\ 1"., Vtny a,.d tlu^ provides for charging on - license f? ? only instead of an annual f- ? \.t at ? nun 1 wheel tax on niotoi vebicl.s f < provided for Im act Coni',.;.s i(p p roved .\f a v IV. 1J... i M he;' regu'atio adopted by tin ('oni ..i issioi:. ? ... ei ing motor vehicles ; 'e coi.ta <1 i i the police regulations, of the l?. tricL FINDS WHITE PLAGUE CURE. I French Professor Has Strong Hopes in Cyster Discoveiy. PARIS. My. v ^i ?Tl!" ? 111!".- t ... 'gist. Prof. Uapiiael Dt.bo!- 'h. I" > > .sit;, of I.voi.s. has ?-.ule' <> e\? (?.*rim?*nt? demonstra it;, 11. ? t . i m c . I coccus which causes tn" 'or i a> pearls in oysters is la at to th t.. 1, ' bacillus. Twelve xoitiea pig" We|> .life t .1 'i ti.bereulosis a.id then inoculated v. th ! culture of the micrococcus. T<*u mnntl.s | later al! had recovered except oc.e Prof. Dtibois docs not wish eit|.?o t , draw conclusion-' or t.i n ahe .-iior! : as a result of h - exp. :-imen.s V* . h I ? 1 is continuing, but hopes that 11^? ? d's" . may aid in the extet tmnation o< tut?er i culosis. FIRST BASE BALL GAME TODAY AT PHILADELPHIA. I 2 3 4 S W 1(1 It. Washington .QJ 0 ? 01 ? IS Battery?<iro?>m and Henry. Philadetphia.il] E [SIQ 0 09 Batterv?Houck and Lapp. L nitres?Evans and Hart. - ?r,4