Evening star. [volume], July 01, 1914, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

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About everj' one in Washing
ton who reads at all reads The
Star.
n,OSW? NEW YORK T) t /-I TT- _ _
STOCK QUOTATIONS I iluHj 20
No. 19,635.
WASHINGTON, D. C., WEDNESDAY, JULY 1, 1014.-TWENTY-FOUR PAGES.
ONE CENT.
MM CALLS
ON THE PRESIDENT
Strengthens Belief That He Is
to Be Made D. C. Com
missioner.
BACKED FOR THE PLACE
IF SIDDONS MOVES UP
Elevation of Present Member to Dis
trict Bench Now Regarded
as Probable.
I.ouis Brown low. for some years con
nected with Haskin's Newspaper Syndi- {
rate, was with President Wilson nearly 1
lialf an hour today, thereby accentuating j
gossip that has been flonting around for ?
several weeks that Mr. Brownlow is to j
succeed Commissioner Siddons upon the j
promotion of that official to the position
of associate justice of the Supreme Couit J
of th?- District of Columbia. i
It is absolutely known tfiat the sub- j
ject of the commissionership was rot
touched upon during the interview, the j
President being much interested in a j
series "f articles recently written by |
Mr. Brownlow on the critical sta-e of '
affairs in England over home rule for J
Ireland. Mr. Brownlow went abroad (
for the purpose of writing the articles, j
and posted himself thoroughly on the ?
possibilities that may grow out of the j
inauguration of home rule. The Presi
dent is said to be deeply interested in
this situation, and wanted to know all 1
that Mr. Brownlow was able to com- j
municate on the subject.
Chance to Study Candidate.
Back of the request that Mr. Brown
low call upon him. however, is believed
to have been the President's desire to
get in touch with the writer with the ob
ject of determining whether he is to con
sider Mr. Brownlow as timber for the
commissionership in the event of the
elevation of Mr. Siddons to the bench.
That Mr. Brownlow's name has been
suggested to the President by persons I
having much influence at the White I
House and that he is today under favor- ?
able consideration for Commissioner j
there is believed to be little doubt.
Mr. Brownlow is a warm' personal
friend of Commissioner Newman and is
a son-in-law of Representative Sims of
Tennessee, who has received the thanks
of the President for work in the passage
of the bill for repeal of Panama tolls.
Mr. Sims is said to have asked no favors
at the White House ard fey that reason
is held in high esteem. He fs not believed
to have requested the conferring of high
office on Mr. Brownlow. but the White
House understands that Mr. Sims would
be pleased by the nomination of Mr.
Brownlow as Commissioner.
Has the Inside Track.
As the situation now stands Mr. Brown
low has the inside track against all pros
pective candidates if there is to be a
vacancy in the board of Commissioners.
He has lived in Washington ten years,
and. so far as the law regarding citizen
ship goes, is qualified, it is said by his
friends. He has taken a somewhat active
part in local affairs and has advanced
ideas on many subjects of great im- i
portance to the District.
Representative Harry Covington, who
has been confirmed as chief justice of the
Supreme Court of the District, was a
White House caller today. He retires from
Congress this week and will take the
oath as chief justice the last of this
month. He has already had conferences
with the justices of the court as to the
summer assignments of the justices and
will be prepared to take up his assign
ments immediately upon taking the oath.
The conference the President had todav
with Mr. Brownlow was believed in some
quarters to foreshadow the early nomina
tion of Commissioner Siddons as justice
of the Supreme Court to fill the vacancy
caused by the retirement of Justice Barn-i
ard The President is believed to have!
in mind the sending of the two nomina- j
tions to the Senate at the same time.
GOES
COURT
George T. Marye Is Nominated by
President to Be Ambassador
to Russia.
TO CZAR'S
The President today se nt to the Senate j
the nomination of George T. Marye of
this city and California as ambassador
of the T'nlted States to Russia Mr.
Marye is expected to sail for Russia
shortly after his confirmation.
.Mr. Marye is a retired stockbroker,
who at one time was president of the
San Francisco Stock Exchange. Born in
Baltimore in 1849. his fathe rtook him
west in the early days of the gold rush.
Mr. Marye was educated in Cambridge.
England; Paris, Berlin and Barcelona,
with the original intent on of practicing
law, and was admitted to the bar. Al
though he abandoned his prof'-ssoin for
business. he retained his interest in
scholarship, and for one term served as
regent of the University of California.
WILL MEET IN THREE HALLS.
Annual World's Convention of Ep
worth League at Buffalo.
Bl.'KFAIX). N Y.. July 1.?The ninth
annual international convention of the
Epworth League will be formally opened
here tonight with a ^welcome meeting.
Hundreds ?ot delegates arc arriving on
every train and an attendance exceeding
lO.Onu is expected.
Sessions of the convention will be held
in three halls simultaneously and will
continue through Saturday, when a pa
triotic rally will be held with former Vice
President Charles W. Fairbanks and N.
W. Rowell, M. P.. of Toronto, Ont., as
the principal speakers. Special religious
services will be held Sunday.
C. T. Bride's Nomination Confirmed
The Senate last evening confirmed
the nomination of Colter T. Bride as a
member of the excise board of the Dis
trict of Columbia. Mr. Bride was ap
pointed b? the President to succeed
himself. Ah soon as the new commis
sion is made out and sent to the Dis
trict building Mr. Bride C^ill be sworn
in for a term of three years.
Russian Army Aviator filled.
PSKOV, Russia. July 1.?Capt. Bejar
ogle, a Russian army a\1ator, was killed
tdQay when his monoplane collapsed and
fell from a great height.
f
Unable to Corral Quorum of
Members of the Rules
Committee.
PROMISE OF A HEARING
NOT KEPT. THEY SAY
Chairman Henry in Texas and Meet
ing- Scheduled for Today Had
Been Postponed.
Discouraged but undaunted In President
Wilson's declination to use his influence
tor congressional action on a constitution
al amendment for woman suffrage, lead
ers of the votes-for-women fight turned
their heavy artillery in the direction of
the House rules committee today only to
find that a meeting called to vote on the
Mondell-Bristow amendment had been
postponed until August 1.
According to plans, the committee was
to meet and vote on a special rule pro
viding time for debate on the amendment
in the House at this session of Congress.
When the suffragists rea"hed the Capitol
tlie> were surprised to ii'id the committee
room empty and that the meeting had
been postponed. Fearing a coup by their
enemies, the suffragists posted sentinels
to watch the committee room and dis
patched others to appeal to Individual
members to have a meeting.
On the Trail of Pou.
"Won't some of you men in the press
gallery go down and get Mr. Pou. Then
1 know we'll have a quorum here * * *"
And ftlen the phone shut off.
It was the fair voice of a suffragist
telephoning from lucky Representative
"Bob" Henry's office in the rules com
vLsedfv.r00mS An" ""K'ky" is used ad
Every man in the rules committee said
today that Bob Henry was ilie luckiest
man in the world. And not becaus. a
large collection of suffragists of fair face
and appearance l?esieged his office :? .11 bc
?heTcahnedhaP1>e"ed "e in Texis
?J?-. w.0,"e"' wh0 came from several !
states, simply would not be'ieve it when '
they were told that the rules convnittee '
ad at wlUch it
had prvmised positive action of some sort
also ih, ^ ?!' ,sufiraSe resolution and
?h?-v, ? t,=kllsh antl-lif,uor resolution
Whuh has helped make Representative
Hobson famous. They juit campeli om
the meeting tol^^6 r?om "aiti"? fo:"
jgS
2K?jrt
rect when they said the meeting had
been postponed. ? =
Still Hunt Is Started.
Whereupon they started a still hunt
through the corridors and halls of the
Capitol and House office building to find
the members of the rules committee.
Miss Elsie Hill of Connecticut rounded
up some of the members, but when she
wasn't looking they would get away.
"Lucky" Irvine I-en root of Wisconsin
had his door locked when they arrived?
whether or not he was hiding within is
a question. Representative Campbell,
smiling arid courteous and a great hand
to pass the time of day with suffragists |
uas at home in his office and told sio. ies
in vain effort to throw the hunters off 1
the track. Representative Ooidfogle was ?
out and so were other members o 1 the i
committer but Miss Hill and her fol- !
lowers bravely pursued the suggestion j
that if Representative Fou, the ranking !
member of the committee, could be
found they could round-up a quorum and
establish suffrage with the lap of a
ga \"el.
Meantime, up in the House rules com
mittee room, sat a waiting delegation of
the suffragists. They started with a
small group of a half dozen or more and i
they were not ready to submit to the idea '
that there was to be no meeting of the i
committee. Mrs. Jessie Hardy Stubbs
had passed the ward that the committee I
was to he rounded up. at least enough to
provide a quorum, so as to get a rule
out into the House that would enable the
consideration of the proposed woman suf
frage amendment.
Suffragists in Delegation.
Among the women were Miss Elsie
Hill of N'orwalk. Conn., daughter of Ehe
nezer Hill, whose name rings in all the
tariff history of Congress in the past
decade or so: Mrs. Howard de Haven
Ross, Miss May R. de Vou, Miss Eliza
beth Speakman of Wilmington, Del.; Mrs.
Gilson Gardner of Washington, D. C.;
-Mrs. E. E. Mead, from Bucks county.
I'a.; Miss Anna McCue and Mrs. Lau
rence Ijewis, both of Philadelphia; Miss
Edith Harshe of Baltimore and Miss
Dorothy Osborne of Montclair, N J.
There were others, but they came later
on.
While the group was small, TV Kver
hart Clark, the apostle of Chesterfieldian
manners who presides as clerk of the
committee and is Its buffer when the con
inlttee portals are besieged, stood his
ground manfully, but a little later, when
a whole elevator load of the suffragists
poured out into the committee room it
was too much for him and he fled, un
lagglnglv and unceremoniously, to parts
unknown in the Capitol.
Representative. I'on, ranking member
was not found.
SUFFRAGE LEADERS
Dissatisfied With President
Wilson's Reception of Their
Request for Legislation.
Officers of Congressional Union for
Roman's Suffrage, under whose direction
the march of 400 clubwomen to the
White House was held yesterday, are
dissatisfied with the reply which the
President made to their, request for his
assent to legislation on suffrage by tltte
present Congress.
Mr. Wilson, escorted by Col. Harts,
his military aid, received the clubwomen
by appointment In the historic east room,
while Mrs. Wilson, her daughters. Secre
tary McAdoo and a few other White
House guests stood in the doorway be
hind the President, leading to the private
portion of the Executive Mansion.
The President listened attentively to
the speeches prepared by the suffrage
(Continued on Tenth Page.)
'CONTINUING' PUN j
RETARDS REPAIRS
I i t
Work Necessary on District
School Buildings Likely to
Go Over a Year.
INSUFFICIENT AMOUNT IS
STATED IN RESOLUTION
Provision Made by Congress. Pend
ing Discussion of Appropriation
Bill, Hampers Other Activities.
Possibility that much of the repair work
usually done on the school buildings of
the District during the vacation season
will remain undone this year was dis
cussed today by Alonzo Tweedale, audi
tor of the District of Columbia. By
the continuing resolution adopted by
Congress only one-twenty-fourth of the
amount appropriated for repairs last
year is permitted to be used for that
purpose during the first half of this
month. Auditor Tweedale is of the opin
ion that it woulJ be futile to begin any
repair work, because the smallness of
the amount made available under the
terms of the resolution would make it
inadequate even for a beginning.
As in the case of the municipal bath
ing beach. Auditor Tweedale pointed out.
the appropriation for repairs, etc.. on the
District school buildings is largely ex
pended during the vacation season. At
that time of the year the schools are not
in use and the work, necessary can*be
completed without interfering with the
school course.
Money required tor such repairs. >t was
stated, is appropriated in a lump sum
covering the entire year. As stated, how
ever. the appropriation is expended, at
least in large part, during the months
of .hine. July and August. Auditor Twee
dale is of the opinion that under the
continuing resolution this plan Mould
have to be abandoned, as the resolution
permits the use of only one^twontjj-fourth
of the sum of the 1814 appropriation for
use during the first half of the month
beginning today.
Effect of Continuing: System.
Should it be necessary to adopt another
continuing resolution to provide lor the
last half of July, and should such reso-.
lution be couched in the same language
as the one adopted, necessary repairs to
buildings, etc.. contemplated for this
month would be made impossible, and
even if the appropriation bill should be*
passed by the end of July only about
a month would be left in which to com
plete the repairs usually made during a
period of two or thr >e months. This
length of time, it is declared, is too brief
to permit the completion of the necessary
repairs and alterations.
Auditor Tweedale stated that the opera
tion of the playgrounds will not be seri
ously interfered with by reason of the
wording of the continuing resolution. The"
appropriation for the support of the play
grounds. ho stated, was largely for sal
aries. and these, he said, are safely'pro
vided for. Supplies for use at the play
grounds, and extensions and additions to
the grounds, he stated, will have to be
curtailed until larger sums are made
available: but this, he said, will- not in
terfere materially with the operation of
the recreation places.
According to Auditor Tweedaie's read
ing of the resolution, he stated today,
one-twenty-fourth ol* the amount of. last
year's approp-naiion is available for the
use of the municipal bathing beach for
the first fifteen days of this month. The
resolution, he says, places no restric
tions on the tim?- within which such one
twentv-fourth may be expended, and the
money may be used, as rapidly as it may
be required. It will not be necessary, the
auditor stated, to limit the expenditure of
the money to one-fifteenth of the one
twentv-fourth each day. as was believed
yesterday. ? This will make it possible to
keep :he bathing beach open for about a.
week longer, when it will be compelled to
?close unless additional funds are made
available. ?
Situation at Workhouse.
The situation at the District work
house, according to the statements of
Auditor Tweedale and Supt. Whit
taker, is likely to entail serious hard
ships. At present, according to Supt.
i Whittaker, there are more than ?>00
I prisoners and guards at the Occoquan
| institution, and the farm and brick
| plant also" has about 1,000 head of live
j stock. To feed the number of per
I sons, equaling the population of a fair
I sized town, and to care for such a
number of horses, mules, cattle, etc.,
requires money. Supt. Whittaker
stated that at least $7,000 is required
to lay in necessary supplies, but the
continuing resolution provides less!
than $3,000.
Another serious difficulty, the super
intendent stated, is fouhd in the fact
that the supply of coal at the work
house is exhausted, and no contract
has been made for the year begin
fng today. The coal on. hand, he de
clared, is barely sufficient for today,
and as ten days are required for de
livery, after a contract has been made
and orders placed, the manufacturing
and other mechanical activities of the
institut'on will have to be abandoned.
This will mean, further, lie stated,
that water for the workhouse will have
to be hauled from the'dam above Oc
coquan village to the buildings of the
institution, as there is no coal with
which to operate the pumping plant.
Anxiety for Crater Observers.
RED BLUFF, Cal.. July 1.?GraVe ap
prehension existed early today for the
safety of a party of observers who'left!
i Warm Spiings yesterday to visit the j
; crater on Mount Lassen. No word, has J
been received from them since the new
outburst of the peak.
THE BAY IN CONGRESS.
Senate:
Met at 11 a.m.
Caucus was called for agreement
upon the administration legislative
trust program.
Senator Burton resumed his at
tack on the river and harbor ap
propriation bill.
A joint resolution, empowering !
President Wilson to invite foreign
delegates to the international con
gress on home education in Phila
delphia in Septembei was passed
House:
Met at noon.
The rules committee postponed
its vote oti the woman suffrage/con
stitutional amendment until Au
gust 1.
Calendar Wednesday bills were
set aside until tomorrow and the
conference report on the legislative
appropriation bill was debated.
Railroad officials opposing the
bill for federal inspection of loco
motives were heard by the inter
st&\ commerce committee.
\ FAVORITE TUNE.
SECTION 8 NO LONGER j
DEMANDED BT HOUSE
Asserted That Conferees Agree to
Omit It From the Dis
trict Bill.
It is ?"generally understood in th?j
House of Representatives that section ;
8 of the District appropriation bill, I
which turns back to the Treasury all j
surplus revenues of the District, is to j
be stricken from the bill in conference I
"between the two Houses.
This section, which has been fought j
so vigorously by the advocates of. the ?
half-and-half principle as 41 violation j
<?f the organic* act of the District of |
Columbia, is no- longer a point at issue <
between tlie Senate and House con- :
ferfees. it'is said in the House,, and as j
there is no reason for its retention in
the bill fche next conference will un
doubted lv see that it remains stricken
from the bill. Tt was knocked out in
the Senate.
Reason for Receding.
the }I'ouhp conferees, it is stated, j
have a logical reason tor their "r. es- j
sion on this point in the Prouty resolu- |
tion to establish a commission to ex- j
amine Into the fiscal problems between j
the United States anil the District of ?
Columbia. The members of the House j
conference committee are entirely in
accord with the view that there is no ;
reason to examine into the complaints
of the District against such unfair j
burdens, and at the same time impose i
more burdens.
"Section 8,1' said a prominent member 1
of the appropriations committee today, i
"has served its purpose. It was written i
at the time the Crisp bill and other !
bills for the abolition of the half-and- j
h:'lf plan were uppermost In the House.
Section 8 proposed to turn back to the ,
Treasury all the money the District had |
l. ft after spending its share in the ap- |
propriations authorized by Congress, j
Serv ed as Compromise.
"It was howled at by the District,
and served to act as a compromise
here in the House, where we were
divided between the policy of wiping
out the organic act and of standing by
it. It attracted attention from both
sides.
"As it was written, it served for one
year only. The House is now quite will
ing to drop it and get behind the idea
as embodied in the Prouty resolution
lo establish an impartial inquiry com
mission, especially now that the reso
lution is before the House with a
favorable vote from the District com
mittee."
GOOD WILL OF JAPANESE.
Plan to Make American Hospital a j
Memorial of Friendship.
TDK IO, Japan, July I.?A meeting of
prominent Japanese was held today under1
the presidency of Count Shigenobu
Oku ma, the Japanese premier, to organize ,
a Japanese council for the extension of |
St. T-uke's American Episcopal Ilospi-j
tal under the direction of Dr. R. B. Teus- j
ler into a modern international hospital. ;
An American council has already been
formed in New York for this purpose and ,
it is intended to make the hospital a prac- I
tical monument of international friend
ship and co-operation In medical science. '
Baron Takaaki Kato. the Japanese for
eign minister, today frave a luncheon in
honor of Representative William D. B.
Ainev of Pennsylvania.
Expect Early End to Strike.
PITTSBURGH, July 1.?So quiet were
the Westingliouse strikers in East Pitts
burgh during the night that the state
constabulary was' withdrawn from the
streets and did not reappear until this
morning. Strike leaders today expressed
the belief that their differences with the
companies would be cleared up in time
for the men to return to \nfork next Mon
day.
DYNAMITE EXPLOSION
FATAL TO TWO FIREMEN
Three Other Members of Charlotte,
N. C., Force Are Painfully
Injured.
CHARLOTTE. N. C.f July 1.? Fireman
XV. B. Glenn was instantly killed and
Chief Wallace of the Charlotte fire de
partment was fatally injured by an
explosion by dynamite while fighting a
fire on Cedar street this morning: at 9
o'clock. Responding to an alarm, a
barn was found to be burning briskly,
and it was while fighting the flames
that dynamite stored.in a house nearby
exploded.
Chief Wallace died at 12:20 in a local
hospital, where he was rushed just
after the accident.
Three Others Hurt.
Three other members of the' depart
ment. Randolph Krwin, Clyde Todd and
Robert Barnes, also were more or less
painfully hurt in the accident. The
dyn-amite was being used by a con
tractor who was doing some street
grading for the city. The origin of
the fire is unknown, but there is a
strong suspicion that it was of incen
diary origin.
SEK TO RESCUE FIVE ;
IN FIRE-SWEPT MINE
Force of Men Works Desperately
Near Williamson.
W. Va.
WILLIAMSON. W. Va.. July" 1.?
Miners worked with feverish energy
today digging a shaft into the work
ings of mine No. 1 of the Sycamore
Coal Company, %near here, in the hope
of reaching five men who were cut off
when fire broke out last night. The
throng surrounding the pit realized
soon after dawn that the hope was
forlorn, but the men, under the direc
tion of a mine inspector and their
bosses, continued to dig. Others forced
their way into the gas-filled galleries
and endeavored to^ choke the flames
with sand, crews being relieved every
half hour, but they made little prog
ress.
Dense volumes.of smoke poured from
the openings, and it was feared the
tire was spreading rapidly. The tire
broke out in the fanhouse, and that
structure was destroyed. Alarmed by
the failure of the air, twenty-five men
made their way to the surface, but five
were caught in entries far from the
opening.
The nearest rescue crew of the
I'nited States bureau of mines was at
Roanoke, Va., and was expected to
reach lure during the day.
PITTSBURGH, July 1.?A rescue crew
of six men, in charge of H. D. Mason,
mining engineer, left the bureau of
mines station here at 10 o'clock today
for Williamson, W. Va., where the
Sycamore mine was reported on fire. !
It was believed they would be able to!
reach the mine in time to be of service. ]
Delegates to Peace CongTess Named. I
NEW YORK, July 1.?As delegates to*
the church peace congress to be held in ;
Switzerland next August the Federal
Council of Churches of Christ in Amer
ica has appointed Rev. Charles S. Mac
Farlane, the secretary of the council, and
Rev. Dr. Sidney I*. Gullck. In addition
there has been named a long list of dele
gates, including numerous bishops and
other prominent divines and laymen*
who have been instructed to hold a
meeting.at the ci^e of congress and pre
pare a report for Abe federal council.
NEW ORLEANS DECLARES
OFF PLAGUE QUARANTINE
Business in Downtown District Nor
mal Again?Not Warranted,
Says Dr. Bine.
NEW ORLEANS, July 1.?Normal busi
ness conditions prevailed here today in
the forty-nine block of the downtown
districts which had been under quaran
tine because it was feared bubonic
plague might spread. The quarantine
was declared off last night after stringent
measures had been taken for its enforce
ment. The lifting of the embargo was
directly due to telegraphic advices from
Dr. Rupert Blue, surgeon general of the
United States public health service,
whose message said that steps of the
character planned were not warranted \
at this time.
Before the quarantine was declared
off more than .'{,."00 permits to bread- j
winners to cross the dead line had been j
issued, street car conductors locked the
doors of their cars while traveling the
district under observation and amuse
ment resorts in the infected zone tem
porarily had to go out of business.
War on Rats to Continue.
Although the restrictions as to the
movements of human beings were re
moved, rats were still under the oan
and a campaign of extermination will be!
waged against them. One of the regu
lations promulgated today by the city
board of health requires that "all rats
caught by individuals shall be immersed
in kerosene and reported to the board
of health laboratory."
No" alarming symptoms have been
shown by any of the twenty-seven in-1
mates of the Volunteers of America j
Home who were isolated when the
plague was discovered in the home. This
fact and the failure to discover other
cases in the city, although a "number
of persons suffering from various mal
adies were placed under surveillance,
has led the local authorities to believe
the situation is well in hand.
St. Louis to War on Rats.
ST. LOUIS, July 1.?A house-to-house!
survey for rats was started by policemen!
in the river and freight yard district here j
today in a campaign of extermination in
order. to prevent a possible spread of j
bubonic plague in Mississippi river towns. |
A bulletin issued by the city health de
partment says: "The means of extermi- !
nating the rat is to cut off his food sup
ply. The solution of the problem is the j
tightly covered garbage can."
Dr. Rupert Blue, surgeon general of the j
public health service, left last night for
New Orleans, Where he will co-operate!
with state and municipal authorities in!
the campaign against bubonic plague, 1
which has appeared in one section of the j
1 Louisiana city.
Dr. Blue said he would not recommend
any action to be *aken by federal author!- i
ties until after he had conferred with
local health officers. Two cases of the;
plague have appeared in New Orleans, j
one of them having proved fatal.
20,000 BOYS TO COMPETE.
Athletic Games to Be Conducted in
New York July 4.
NEW YORK, July 1.?Twenty thousand :
boys, perhaps many more, will compete
in the 4th of July games which will be .
held on forty playgrounds in the greater i
city. Since many of the boys have en
tered in two events, the total number
of entries undoubtedly will pass the :
2.t,?Oo mark. This not alone breaks all
records for the July 4'games, but is said
to be the largest number in the history
of athletics throughout the world.
One of the causes for such keen in
terest is the fact that at the Panama
Pacific exposition in San Francisco next
year there will be a set of games for
representatives of playgrounds and the
lads will try to win places on the team
which will represent this city.
One thousand officials of the Amateur
Athletic Union will take charge of the
games.
Counsel for the Commissioner
File Three Motions in
D. C. Court.
ASK FAVORABLE RULING
DESPITE JURY'S FINDING
New Trial of Cause and Arrest of
Judgment Are the Other
Requests.
Three motions were filed today in the
District Supreme Court by Oliver P. New
man. president of the board of District
Commissioners, to prevent the ratification
by Justice Gould of the ouster verdic*
rendered by a jury of twelve citizens last
Friday against him.
Mr. Newman asks that judgment be
rendered in his favor despite the verdict
of the jury. Failing this, he seeks a new
trial of the question of His eligibility and
should this be denied he requests that
judgment against him be stayed or ar
rested.
Hearing on the motions has been set
by Justice Gould for Tuesday morning at
in o'clock.
Law Points Invoked.
The law points Invoked by Attorneys
Ralston and Richardson and G. \S'.
Hott, counsel for Mr. Newman, in the
motion for a finding in his favor de
spite the jury's verdict, are similar to
those raised on the demurrer and over
ruled in the opinion of the Court of
| Appeals thereon. The lack of "Inter
est" in the taxpayer and the failure of
the United States attorney in person to
refuse to bring the proceedings are
repeated in about the same words. The
lack of jurisdiction of the court to re
view the question of eligibility after
i he President and Senate had acted in
the matter is presented in a little dif
ferent aspect.
j The motion of today claims:
[ "That the power to determine the
I qualifications under the law of the
i respondent as Civil Commissioner of
the District of Columbia rested pri
marily with the President and Senate,
and as it appears from the petition
that the advice and consent of the Sen
ate was only given after a thorough
examination into his qualifications and
a determination that he was qualified
as appears from the petition, no power
to review such action rests in any
court or jury, and unless in any event
the court could have charged the jury
that there was no evidence at all tend
ing to show the respondent's qualifica
tions and justifying the Senate's ac
tion, and it could and did not so
charge, such a revision of the Senate's
action by a court or jury would be a
violation of the constitutional separa
tion of the powers of government."
Motion to Arrest Judgment.
The motion to arrest judgment in the
event Justice Gould refuses a new trial
is identical in phraseology with the
i motion for judgment notwithstanding
| the verdict. Each motion reserves to
I the petitioner all the rights thereunder,
| each being made "without waiving
other motions at this time made."
j The right to a new trial claimed by
? Mr. Newman is based 011 the refusal
! of the court to require him to assume
; the burden of proof; on its allowing
j the relator to undertake the task of
j proving ineligibility and giving his
1 counsel the closing argument to the
! jury. He also claims the court erred
in its rulings, both on the admission
? of testimony on behalf of \V. J. Friz
| zell, the taxpayer, and in excluding evi
I dence offered for Mr. Newman.
The rejection of the prayers offered
; by Mr. Newman to charge the jury that
' constructive residence is sufficient to
qualify for a comrnissionership is also
urged as error. Finally, it is claimed,
the verdict of the jury was opposed
to the evidence and was at variance
with the weight of the testimony.
Grounds for Asking Retrial.
The motion for new trial reads:
"Now comes the respondent, and.
without prejudice to other motions
submitted at this time, moves for a
new trial upon the following grounds:
"1. Because of error committed in
granting the relator the right to open
and close the testimony.
"2. Because of error committed by
the court in allowing the relator the
right to open and close the argument
before the jury.
"3. Because of the erroneous admis
sion of testimony offered by the re
lator over respondent's objection.
"4. Because of the erroneous rejection
of testimony offered by the respondent.
"5. Because of the wrongful refusal
of prayers for instructions offered by
the respondent.
"<?. Because the verdict of the jury
was against the evidence. ?
"7. Because the verdict of the jury
was against the weight of the evidence.
"8. For other causes to be stated on
the hearing."
ADMITS HE FAKED ROBBERY.
Voluntary Statement by Former
Cashier of Bank in Oklahoma.
SAYRE, Okia.. July 1.?How he staged
a fake robbery six years ago and ob
tained $5,000 from the First State Bank
at Texola, Okla., of which he then was
cashier, was told to a justice of peace
here yesterday by C. YY. Jones, a volun
tary confession, according to the justice.
Jones was ja'Ied on a charge of robbery
alter his surrender to the justice.
The cashier was founo bound and
gagged in the bank building the morn
ing of January li\ 1!*^. At the time he
declared !.e had been forced by bandits ;
to turn over the bank's money. Ti-.e j
bank s affairs were liquidated after the j
robbery.
Seattle Defeats New Charter, 2 to 1. j
SEATTLE, Wash., July 1.?A proposed j
new city charter, which would have
changed the municipal government to the j
city-manager form, was defeated by a j
vote of almost two to one yesterday at j
an election which drew leas than a third j
of the registered voters to the polls. The i
proposed charter was opposed by the la- !
bor unions and many socialists, because j
it provided for a council of thirty mem- I
bers elei red by wards, instead of the j
present council of nine at large.
Miners and Employers Agree.
SPRINGFIELD, III. July 1.?After de
liberating for fifteen weeks * the Illinois
committer of the United Mine Workers
of America and representatives of, the
Central Illinois Coal Operators' Associa
tion last night agTeed upon a scale for
machine mining in the Springfield dis
trict whereby the miners wllVreceive HO
per cent and the operators 20!^r cent of
the present hand-mining: scale.
-.INK FATAL SHOT
WASH OUTSIDE
Latest Evidence in the Murder
ot Mrs. Louise Bailey
at Freeport.
SUPPORTS DR. CARMAN'S
STORY OF OFFICE TRAGEDY
Detectives at Work on Clue. With
Jealous Woman in the Back
ground?Story of Crime.
; FREEPORT. X. v.. July
j Louise Bailey was murdered hist night
| In the office of Dr. Edward Carman. Evi
i dence today supported his story that
. she was killed by a shot from out
| side through the office window. In the
physician's room, four feet from the win
dow. detectives found an instrument rase
bearing on its white enamel finish powder
burns and a furrow that might have been
plowed by the bullet as it sped toward
Mrs. Bailey. This Instrument rase is so
low that had the shot been fired inside
the room the person who held the pistol
must have squatted 011 the floor. It was,
however, directly in the path that the
bullet would have taken from a pistol
shoved through the broken pane of the
doctor's office.
In the presence of detectives engaged
by the county and by the murdered wom
an's husband, William D. Bailey, a
wealthy New York hat manufacturer. Dr.
Carman today rehearsed the murder
scene. He was about to pull aside the
curtain to permit Mrs. Bailey to leave his
office, he said, when he heard a crash of
glass and saw a hand with a pistol poked
through the broken pane.
Barely Two Feet Apart.
He and his patient were barely two
feet apart, he said, and he did not know
at which one the weapon was aimed. He
ducked behind an operating chair and as
he did so the pistol was tired and quickly
withdrawn.
The detectives learned today that a few
minutes after the shot was tired a young
woman hurried into the Freeport railroad
station apparently in great agitation and
took the tirst train for New York. She
was described as well dressed and aubunp
haired.
Although Dr. Carman insisted today
that ne had not met Mrs. Bailey until
i she called at his office last night for/pro
fessional advice, the detectives began their
work with a jealous woman in the back
ground of their theories regarding the
identity of the criminal.
Shot Through Heart.
Mrs. Bailey was shot through the
heart and died instantly. According
to Dr. Carman, ^he arrived at his office,
which is in his home, at 7:30 o'clock.
An hour later, he said, she was pre
paring to leave when the shot was
- fired t hat ended her life.
Officials found that the window
through which Dr. Carman said the
shot had. been fired was covered by a
wire screen, which was operated by
hinges from above and could only
be opened from the inside. Further
investigation showed that the glass
broken from the window and the putty
holding the glass had fallen both in
? side and outside the room.
The mystery was further increased
when Bailey, the husband of the mur
dered woman, told the police that he
did net know that his wife had gone
to the- doctor's office. He was sur
prised when told that Mrs. Bailey was
accustomed to call on the doctor for
? treatment.
I Before going to the doctor's office
Mrs. Bailey had visited Mrs. John C.
Crabau. who is ill at her fiome in
Kockville Center, and on leaving here
at 6 o'clock had announced that she
i was going directly home.
Victim a Social Leader.
i Outside of the tragic features of the
! murder, the crime caused the most in
i tense excitement here on account of
the social prominence and the wealth
of Dr. Carman and his family. Mrs.
Carman is the daughter of Frank Clapp
Conklin, one of the wealthiest resi
dents of the south shore of Long ls
' land. Mr. Conklin makes his home
j with his daughter.
Mrs. Bailey, who was thirty-six years
j old. was small, with a remarkably pretty
j ligure, and was considered exceptionally
! handsorm . ^>he always had been a leader
in the social affairs of her neighborhood.
She h aves two children, a daughter. Ade
laide. seventeen >ears, and a son, twelve
years old.
Two men patients, who were waiting in
the physician's outer office when Mrs.
Bailey was shot, ?. 'd they heard no noise
until they were startled by the report of
a pistol. When they entered the consui
i tat ion room Mrs. Bailey was dead and
i they helped Dr. Carman carry her to a
j couch.
j So many persons had trampled the grass
j outside the windows of the doctor's of
) lice that bloodhounds brought to the
I s;:ene today proved useless. Tlie.v became
J confused in the maze of trail*.
.
MEETS TKxi njiuUEREMENTS.
Whitman College in Walla Walla
Gets Gift of $125,000.
! WALLA WALLA, Wash.. July 1.?The
I board of trustees oi Whitman College aii
; nounced last night, through President
I Penrose, that the campaign of a year to
! meet th? conditions of a gift of
from the general education hoard of New
i York had been successful.
The conditions suggesting the gift were
, that in rash or valid subscrip
tions should he obtained by June ."Jo,
and that the college should be entirely
free from debt.
President Penrose said that the total
gift to the college in the last two years
amounted to more than
EARL OF WEYMSS IS DEAD.
Was Known as "Father of the House
of Lords."
LONDON. July 1.?The Karl of
Weymss and March, the "father" of the
house of lords, died yesterday.
Born in 181S, the Earl of Weymss was
until quite recently considered one of
the liveliest members of the British
house of lords. Long after he reached
the age of ninety he played an excellent
game of golf. At the age of eighty-two
he contracted a second marriage?with
Miss tfrace Blackburn, niece of the late
Ix>rd Blackburn. alU**ugh at the time
he had a number of \ eat-grandchildren.
His first wife was daughter of the
Earl of JJchrteld, w^om he married in
184tt. He was lord of the treasury In
1852.
The Earl of Weymss owned about ?2.
000 acres. His heir is Lord l^fafto. who,
in 1911. married Lady VloIsWManner*.
daughter of the Duke of Rutland.