Evening star. [volume], November 23, 1916, Image 1

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

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No 2951L WASHINGTON, D. c., THUKSDAY, NOVEMBER 23, 1916.-TWENTY-FOUR PAGES. ONE CENtT
\ ' : ?
RUSSIANS SEND AID
10 RUMANIANS ON
TRANSYLVANIA LINE
Germans Overrunning Western
Wallachia, Latest Battle
Reports Would Indicate.
EXTENDING THEIR FRONT
INDIRECTION OF ORSOVA
I 1
Many Obstacles Surmounted by von ;
I
Falkenhayn in Swift and TJnre- j
lenting Campaign.
By A* seriated Pres?. ^
LONDON. November 23.?Latest reports
of the vigorous campaign Gen.
von Falkenhayn is waiting against the
Romanians indicate that the Teutonic
forces are overrunning western Walla-Ilia.
following up sharply their defeat
of the Rumanians in the Jiul valley
region and the capture of Craiova.
Itussiau reinforcements have arrived
on the TransyIvanian front, the Berlin
war office reports.
The Rumanian troops in the Jiul valley,
in western Wallaohia. have been
withdrawn and now occupy their old i
positions, the Bucharest war office announced
today.
Berlin reports progress for the-Aus
i i u-viri m?i 11 ai iiur? mai aic v.Mciiuiiih
the Teutonic front westward from the
.Jiul region toward Orsova. The fate of,
the Rumanian army that was operat-l
iitg in the Orsova region yet remains;
in doubt, as does the extent to which '
th?* Kusso-Kumanian forces in the Jiul
valley were able to withstand the'swift
southward thrust of von Falkenhayn's
troops.
I
Active on Danube.
Indications of the abandonment bv the
Rumanians of a large section of western
Wallachia may be found in today's
announcement by the .Bulgarian war
office. It reports the destruction by
Rumanian forces of the bridge over the
I>anube near C'orabia, fifty miles south- '
east of Craiova; the firing of stores of |
ammunition there, and the sinking by |
the Rumanians of their barges in the |
Danube, presumably in the region iridi
rated. I
In Dobrudja listless artillery fighting .
occurred with engagements among advance
guards on our right wing.* The i
situation on the Black sea is reported \
unchanged.
Germans Meet Difficulties.
BERLIN, November 23, by wireless to j
Sayville.?The difficulties of Campaign- j
ing in mountainous districts on i
the Rumanian-Transylvanian border ?
through which the Austro-German J
armies have been pushing in their ( I
invasion of Kumama are depicted today
in an Overseas News Agency review
of the recent fighting. Recently
bitter cold has prevailed in the hill region.
where the fighting zone at some
points has been at an elevation as great
as 7,500 feet, and the narrow pass roads
have been blocked with snow and ice.
At certain places where the invading
columns were advancing there was but I
one such road available for troops and 1
the heavy equipment of artillery and
supplies needed to press the offensive,
with only carts and automobiles as a
means of transportation. Despite these
difficulties and the tenacious resistance
of the Rumanians, who are declared in
the review to have been aided by
civilians in guerrilla warfare, the
Austro-Oerman armies stormed height
after height and steadily forced their
way forward. In eight days Gen. i
Kalkenhayn's forces striking down to- !
ward Craiova advanced no less than '
fifty-five miles. j
Battle of Tirgujiulij.
After a long silence imposed by the
direct wish of Gen. Falkenhayn, who
did not wish to have any hopes raised
by premature accounts of his opera- i
tions, descriptions of the momentous ;
victory of the Teutonic forces in the ;
battle of Tirgujiulij, which broke the >
resistance of the Russo-Rumanian
armies in western Wallachia and opened
the way to the Rumanian plain, are 1
now available. The battle u'?k fmitrht '
from November 15 to 17, after the'
fJerman and Austro-Hungarian forces. !
in a wet-k of steady combats, had ; .
forced their way from the summits of
the mountains on the Rumanian- j
Transy lvanian frontier to the foot of
the Alpine regions, mastering the i y
armore'i turrets of the permanent ;
frontier fortifications with big mor- i 1
tars and breaking the Rumanian re- I i
m stance wherever it was encountered. I
Ejected from the wild, mountainous
regions to the rolling foothills beyond, t
tlie Rumanians, who by now had re- ; .
eived heavy Russian reinforcements, j
elected to stand on the rang'- of hills
running east and west and lying south
of Tirgujiulij. the first important
town south of the mountain. The position
was naturally strong, and a heavy ;
fog enabled the Rumanians to take up
their positions unmolested by their
pursuers.
1
Push Through Middle of Line.
Th" German and Austro-Hungarian 1
forces attacked them with fervor, and
after three days of heaviest fighting,
crushed their way by frontal attacks
through the middle of the Rumanian
line from the .Jiul to the Filort river, j
The Rumanian losses in the battle ardescribed
as very heavy.
The German cavalry had been held in
readiness behind the line, and the
squadrons now poured through the
breach and raced down through the
valley toward the railway, thirty miles
away, driving before them the fleeing
Russian* and Rumanians and breaking
the efforts at resistance of all but the
strongest units, which still held together.
These w?*re hustled on by pursuing
Infantry columns, which, like the
cavalry, made all possible speed to
UlU i/.r IIITII cvu?anva(s> .
Pursuit Unrelenting.
So rapid and unrelenting was the
pursuit that November 1J# the cavalry!
had reached the Orsova-Craiova rail-'
road line on a breadth of twelve "miles j
from Strehaia station to Filliash, an i
important railroad junction, where thej
line running north toward the moun- j
tain passes branches froin the main'
Bucharest line. The pursuing forces'
of Gen. Falkenhayn continued to sweep
like a flood down the valley, and now
have reached a point just outside of
Orsova. one of the important towns of j
Rumania.
.So unostentatiously have Gen. von I
. J**alkenhayn's operations been conduct-,
? od and so little have the Rumanian
names meant to the reading; public!
?
generally, that the importance of tlie
victory which places von Falkenhayn's
legions in battle order on the sweeping I
plains of Rumania is only beginning |
to be realized in lay circles. According
to the military experts, it turns at. one
sweep all western Wallachia over to
the invaders and makes the position of
the Rumanians in the Orsova region
virtually untenable.
Danube Eliminated as Defense.
There is a possibility also, according
to the same authority, that the Rumanians
will not. be able to get away
through the region to the south of the
railroad. It eliminates the Danube as
the southern defense of this part of
Rumania, and, if followed up. turns the
northern mountain defenses of Rumania,
which the Rumanians have been
endeavoring so stubbornly to hold;
gives Gen. von Falkenhayn an opportunity
for open field strategy and the
tactical handling of troops, and supplies
his forces, which heretofore have
been dependent for their communications
on narrow roads through Szurduk
pass, with one good railway from the
Iron Gates of the Danube, and. with the!
fall of Craiova, with a second line, running
from Kalafatu, opposite the Bulgarian
town of Vidln.
Allies Are Being Held
on New Enemy Line
to North of Monastir
By tii*- Associated Prrss.
LONDON. November 23.?So far it
ippears that the entente forces which
captured Monastir have not been able
:o press their advance beyond the new
ine taken up by the Bulgarians and
rermans a short distance north of the
:ity. Sofia records the repulse of enente
attacks in the bend of the Cerna
tnd eastward, and of the advance
ruards which were pushing forward in
he regions of Lakes Presba and
Dchrida to the west.
Strong attacks by the allies on
might position east of Paralove were
epulsed, according to Berlin.
South of Monastir an allied airplane
s reported by Sofia to have been
>rought down in flames behind the en;my's
lines.
On both sides of the Vardar, at the
foot of he Belaschitza mountains, and
>n the Struma front, there was weak
irtillerv tiring,, says Sofia. London,
however, claims that on the Struma
front (on the eastern end of the Mace- /
Ionian line) the British successfullyV
raided Kjupri.
The official communication from Ser- I
jian headquarters issued yesterday and j
received here says:
"Our troops yesterday successfully J
followed up their attacks on the whole j
front. The village of Kuaiminsa ana
he surrounding heights are in our possession.
German bombers, recently arrived
on the front, counter-attavked
lorth of Suhodot, but were completely
repulsed.
"Besides inflicting heavy losses on the
inemy, we capture.d five German officers
ind l.Hl m<-n and 300 Bulgarians, including
the colonel commanding the
LUth Regiment.
"The Serbian and allied troops have
occupied the villages of Paralovo and
Jobromir (northeast of Monastir)."
CHAIRlANEXPEGTED
TO BE NAMED SOON
- - - * f
I
Vo Further Delay Anticipated
in Selecting Head of In- j
augural Committee.
IN HANDS OF McCORMICK
Expectation that the inaugural chair
nan will be named without rurtner ae- |
ay, now that President Wilson has let
t be known that he intends to turn
his matter over to Vance McCormick,
hairman of the democratic national
rommittee, was freely expressed by
>artv leaders and business men generally
here today.
Messages from New York said that!
:hairman McCormick has been out of 1
he city for several days, but is to
return tonight. He is known to be
eriously considering the question of i
:he inaugural chairman, and his poitical
consultants say some definite
itatement may soon be expected from
lim. It is known that both at the
White House and at Mr. McCormick's
>fflces there has been a reluctance to
:ake any official action in this matter
jntil a message of congratulation was
received from Mr. Hughes.
May Be Settled In Day or Two.
It is understood that within a day or
two. now that Mr. Hughes has recognized
President Wilson's re-election, some defl
nite agreement on who will be the inau- I
?ural chairman will be reached, so that j
the organized democracy of the District
may know where it stands and that tenia- i
tive plans for the inaugural celebration j
may be made.
tk..* o.mt. liity (.ntprtainmfnt for I
the 1 .">0.000 visitors expected here for;
the inaugural festivities can be arranged |
is the confident belief not only of the |
tarty leaders, but also of the banking ami j
business interests. Out of deference to!
the wishes of the President as expressed >
at the iast inauguration, and in reoognl- !
Lion of an unprecedented state of interna- ,
tionai affairs, something in the nature of
a public reception, a promenade or oftiial
assemblage may be substituted for
the time-honored inaugural ball. The District
leaders are still hopeful, however,
that the President may be persuaded to
recognize his participation at a ball to be
an official act, in courtesy to the wishes
of the citizens of the capital as a crowning
feature of the celebration of welcome
to the people from all over the countryTemporary
Structure Planned.
If the inaugural ball, or reception, or
assemblage, is held it is practically assured
that it will not be in any government
building where the regularworking
force of any government department
would be thrown out of their
offices. A temporary structure to
house the ball is b??iiig tentatively
planned. Arrangements will be made
for heating this and lighting it on a
scale never before attempted.
Several sites for such a structure
have been seriously considered, and J
one in particular that could be ad- i
vantageously used and fitted out in a j
remarkably elaborate style with com
j aratively small expense. If this site .
is used the ?juestion of heating and j
lighting would be solved and the President's
participation be carried out with
the utmost dignity and even grandeur.
Until there is a positive announcement
regarding the inaugural chairman and
he has had ari opportunity to consult
with the President nothing further can
be done in this matter.
Mist Rankin Spent $687.70.
HELENA, Mont., November 23.?Miss
Jeannette Kankin of Missoula, who was
elected .to Congress on the republican
ticket November 7, spent $687.70 on her
campaign, according to her expense account
on tile today at the office of the
cecretary^f atate.
*
m
*r
SAYS TWO U-BOATS
FIRED ON BRITANNIC
But One Torpedo Took Effect.
Order on Vessel
Perfect.
NO WOUNDED ABOARD
By the Associated Press.
LONDON, November 23.?Press dis- j
patches from Athens saying there were j
no wounded on board the hospital ship
Britannic when it was sunk off the Greek
coast were confirmed today by the admiralty,
which made the following announcement
:
"No wounded were aboard the Britannic,
on which there were only the ship's
crew and the hospital staff."
According to an Athens dispatch to
the Daily Chronicle, survivors of the
Britannic believe that two German submarines
were lying in wait for the
steamship in the narrow seas close to
the island. The Britannic was attacked
from both sides simultaneously, each
submarine sending a single torpedo.
One of these missed the mark, but the
other inflicted a square hit.
j
Order Aboard Is Perfect.
Order aboard the steamer was perfect, j
nurses, officers and men lined up on the j
oypplion? diRrinlin#?_ Thirtv 1
, ... ? v~v . _ |
or fort3- members of the crew who were j
wounded b>* the explosion first received \
attention. The women were saved first, j
then some of the crew donned life belts j
and took to the water.
Wireless messages immediately were j
sent in all directions calling for help
and-allied destro\*ers and sweepers ar-j
rived quickly.
One of fh** rescued stewardesses, the 1
dispatch says, also was a survivor of ;
the Titanic. She was an eye-witness '
to the unfortunate attempt to launch j
the first two of the Britannia's boats
which became entangled in the screw.
Owing to the list of the steamer the
screw was out of the water and revolving
rapidly. The loaded boat* wersmashed
like matchwood and many of
the occupants were killed outright:
others were severely wounded.
Survivors were landed at Phaleron, !
Piraeus and Keratsini. During the night :
the British minister, Sir F. K. H. Klliot, {
visited the wounded at the Russian j
Hospital.
Sinks in Fifty-Five Minutes.
The Dally News* Athens correspon- j
dent sends the following concerning j
the sinking of the Britannic:
"The Britannic was torpedoed at 8 !
o'clock in the morning and sank near 1
shore fifty-five minutes later. She was j
going to Saloniki, but had no wounded j
on board.
"Hor rnmnlpniMt included 121 nurses I
and 390 officers and men of the Army
Medical Corps. Twenty-five of the injured
from the steamer are now in the
Russian hospital, while others are aboard
allied warships.*
"The islanders of Zea saw the vessel
sinking and the vfctims struggling in the
waves and promptly responded to the appeals
for help and an Anglo-French
squadron from Piraeus, comprised of destroyers
and auxiliaries, immediately went
to the scene.
Some Severely Injured.
"The injuries of some of those on board \
are very severe, especially the occupants
of two boats which were caught by the
propellers of the steamer. The women
of Zea tore up their clothing to bandage >
the injured. !
"The Britannic had 3,000 beds, which ;
had been prepared for the reception of j
sick and wounded an hour prior to the I
torpedoing."
The srnallnc-ss of the loss of life on j
board the Britannic is befieved here ;
to have been due to the steamer's mag- 1
niflcent life-saving equipment. She I
had a double bottom, over five feet j
deep, divided into a large number of i
compartments, and this system extended
well above her water line.
The ship carried forty-eight of the
largest size lifeboats ever fitted to an
ocean liner, two of them being equipped
with powerful engines. They were
arranged in four groups, leaving a
larsre soace for the marshaling of the
passengers in case of disaster. The
davits were built on a new principle,
so that the boats could be launched
electrically on an even keel even If the
ship were badly listing. It was also
possible to launch all the boats from
one side, if necessary.
The ship had sixteen transverse
bulkheads, and six of the main compartments
could be flooded without affecting
the stability of the ship.
MOVE FOR WORLD PEACE.
Plan Is to Present Monster Petition
to the United States Government.
SAX FRANCISCO, <*al.. November
23.?A movement for world peace is
under way here today, with prominent
men of the state as sponsors, and the
support of the American neutral conference
committee, with headquarters
in New York. The preliminary plans
for the peace movement here have
been directed by the New York committee.
ml- - ?ct-i rteil hnr? lact n lerhf
XHV ?vu. "-n
at a mass meeting was for the purpose.
it was announced, of obtaining
in California the signatures of from
500,000 to 800,000 persons asking the j
United States to move, "alone or in j
co-operation with other neutral 11a- j
tions." to bring about jxeace and ai
guarantee against future wars. 1
The petition now ready for circula- j
tion is addressed "To our government."
Want Naval Training Station.
Residents of Norfolk and vicinity
have asked the Navy Department to
purchase the site of the Jamestown |
exposition and adjoining available land '
for the establishment of an advanced
base and naval training station, as a
means of relieving the present overcrowded
condition of the navy yard at
1'ortKmouth, opposite Norfolk. The
property is offered the government for
* 1.500.000, which the olllcials of the department
regard as somewhat excessive.
Arrested as Soup Poisoner.
SPALDING, Neb., November 23.?A
man who. the town marshal believes,
answers the description of Jean Crones,
wanted in Chicago on charges of having
poisoned soup served at a banquet
tendered there in honor of Archbishop
Mundelein. is under arrest here. About
200 persons attended the Chicago banquet,
and most of them were made ill.
Crones is accused of having poisoned ,
the sola la furtherance of anarchistic I
' i??ML I
J
-jjiS
II RHATTPnilRI W
iruuni i iiuuullu
MAY BE IMPENDING
Berlin Hints Possibility of
Period of Complications With
United States.
TEN SHIP LOSS INQUIRIES
/
By the Ahsdriatfd Pr**ss.
BERLIN, Tuesday, November 21, by
wireless to the Associated Press via
Sayville, N. Y., November 23.?A period
of complications may again be impend
ing in German-American relations.
Germany's conduct of- submarine warfare
has brought forth an abundant
crop of American inquiries, of which
Joseph <\ Grew, the American charge,
recent!}' has: filed no less than ten,
five of them today. Six remain to
answered, including the cases of the
Marina, on which a number of Americans
appeared to he killed, and the liner
Arabia, the sinking of which the American
government declares to be inconsistent
with the promises of the German
government regarding the treatment
of passenger lines.
The United States bases its attitude in
the case of the Arabia on the assumption
that it was unarmed and torpedoed
without warning and is unable to see
that there was justification for forcing
the passengers into the boats. Washington
believes the submarine commander,
on ascertaining that there
were women'and children on the decks,
should have refrained from making an
attack.
Fairly Convincing Replies.
Germany in the four cases in regard
to which replies already have been
made was found to have fairly convincing
answers, which it is believed
may put quite a different aspect on
affairs.
It is pointed out here, for example,
that according to testimony of her own
passengers the Arabia was armed and
used her cannon; that the sea was
smooth and that other vessels were
near. It is argued that Che Arabia,
having on board-a large number of
ooolie war workers, should be regarded
as a transport.
Much Interest Aroused
Among U. S. Officials as
to Wording of Dispatch
J The wording of the Berlin dispatch
i that "a period of complications may be
j impending in German-American relations"
aroused much Interest in otlicial
! circles, especially as the dispatch was
allowed to pass a very strict censorship.
Officials refused to disclose details of
the inquiries sent to Berlin on the
ground that they were only inquiries
for fact and would have a very bad efl
feet on public opinion if an alarm were
given, only to be shown groundless.
Many of the cases now being investigated,
it is admitted, may fail to develop
any violation of Germany's
pledges, but some are known to be
serious.
in the Marina case American affidavits
seem conclusive, but no action will
be taken until Germany's reply has
been received.
vuiiowiTouun wt *
Every citizen is called upon to see
that not a pound of paper is wasted.
Demand from every clerk that any
unnecessary wrapping of packages
be dispensed with.
If you have no further use for today's
newspaper save it for the
school children's playground fund.
Call Main 603fi and ask for the
nearest public school to your home
and the old papers will be sent for.
fl.
To V
HOUSE SOLITAIRE.
Thanksgiving Proclamations
Many fit tin: originals of
Thanksgiving proclamations issued
by our Presidents and
others in authority are in
Uncle Sam's possession, including
famous ones of the revolution,
those of the civil war and
Lincoln's proclamation after
j the battle of Gettysburg. You
will find an interesting article
about them in Th*"Sunday Star.
"RIGHT" OF PURSUiTCUT
FROM MEXICAN PACE
American Representatives Agree to
Elimination Because Object Can Be
Accomplished Another Way.
By the Associated
ATLANTIC' CITY, N. J.. Novembei
- >.?When the Mexican-American joint
commission convened today it appeared
j evident that the Americana were wllll
ing to meet the Mexicans half way in
i phrasing the proposals made Tuesday
I so that the Mexicans would feel justitled
in agreeing to them. It has been
indicated that the Americans were content
to have eliminated from the official
document reference to the right of the
American government to send troopt
into Mexico. It was understood that
the chief objections of the Mexicans
was to such provision.
It was pointed out that the suggested
alteration would not change materially
the real meaning of the program
submitted to the Mexican commissioners,
hut would save them the
humiliation of signing a document in
which there appeared the formal consent
of the Mexican government for
tin- violation of its territory by troops
of the United States.
t Can Obtain Object Otherwise.
Little would be added to the strength
j of the agreement, it was suggested, by
j forcing the Mexicans to sign a docuj
ment in which there actually was con
ceded the right of the American govj
ernment to unlimited and unrestricted
j pursuit of bandits in Mexico while the
| same object could be accomplished ii
that point were not mentioned in the
formal agreement.
With that feature eliminated there
. would remain little more than the
I' agreement for the withdrawal of American
troops now in Mexico and the
provision that the armies of the two
countries should guard their respective
, frontiers. The question of crossing
. into Mexico in event of future raidt
| will not. however, he one of doubt foi
j the Mexicans, who have been informed
that this government will not hesitate
i to pursue raiders across the hordei
line into Mexico and as far as it appears
necessary to go.
Dr. J. Mott of the American commission
is expected to return tonight from
Cleveland. The commissioners expressed
the hope that the oflicial agreement
might be ready for signing when
he appeared in the session tomorrow.
Montreal Star's Editor Killed.
CHICAGO, November 23.?Maj. John
S. Lewis, editor of the Montreal Star,
who went to the front a year ago with
the Canadian Grenadier Guards, has
been reported killed in action, according
to word received by Chicago friends
today. Maj. Lewis was born in Potosi,
Wis., forty-two years ago, and was
graduated from the University of Chicago.
later taking post-graduate work
at Harvard and Heidelberg. He was
at one time reporter on the Chicago
Inter Ocean. Since leaving Chicago
seventeen years ago he had become a
British citizen.
Noted Cartoonist Dies.
DAYTON*. Ohio. November 23.?De
Voss Woodward Driscoll, aged fortythree,
well known cartoonist, died at
a local hospital last night. He had
been ill about one month. Driscoll
originated the mule "Maud" cartoons.
He was also a feature writer as well
as an author of humorous verse*
i
t
1%
X
iiiniin n iiinnnr
ntw u. b.Jimt
SWORN IN TODAY
Members of Bench and Bar
Join in Welcoming William
Hitz.
' BEGINS DUTIES TUESDAY
William Hitz, a native of Washington
and member of the District bar,
was elevated to the bench of the Supreme
Court of the District of Columbia
today. The oath of office was administered
by Chief Justice Covington,
in his chambers at the Emery building,
shortly after 10 o'clock. Congratulations
were then extended by the members
of the court and a large number
' r.f O.wl ..r
>< J viu uuu iiiunuo VI- LUC new
' jurist.
At the close of the simple ceremony
1 of administering the oath Chief Justice
Covington was the first to extend felic'
Rations.
t
Welcomed by Chief Justice.
I '"Mr. Justice Hitz," he said, "I eoni
gratulate you and am glad to have you
* with us" The other members of the
- bench then shook hands with their new
i associate and were followed by Justice
Branueis of the cnited States Supreme
Court, who had been present at the
ceremony. After Assistant Attorney
| General Thompson had congratulated
'/(his former associate of the Department
: of Justice a long line of lawyers, clerks
and friends was formed and each shook
^ the hand of Justice Hitz. The lawyers
. were led by Attorney Frederic I). Mcj
Kcnney and J. S. Flannery, former law
1 partners of Justice Hitz,
| The offices of the chief justice and of
i Justice Stafford were not large enough
, j to accommodate the crowd which had
. ' assembled to do honor to the new juj
rist. it was remarked that the out
j pouring of the bar was evidence of
their appreciation of the action of
| President Wilson in appointing a pisI
trict man and of the qualifications of
Justice Hitz.
Sits in General Term.
Justice Hitz, who succeeds the late
: Justice Anderson, will take up the du!
ties of his predecessor on the bench of
'{Equity Division 1. He is expected to
5 j hold court next Tuesday. He sat, how1
j ever, with his associates in a general
! I term immediately after the ceremony
' this morning.
! j The new justice was born in Washington
and has lived here all of his
/life, excepting a fevv years spent in
. movy i-nase, Aid. Former published
statements that Justice Hltz is a resident
of Maryland are erroneous, as he
resumed his residence in Washington
' more than a year ago. and his appointment
to the bench is wholly a local appointment.
| Two huge baskets of roses and chrys1
anthemums were presented to Justice
liitz and were placed upon the desk in
his chambers.
PRESIDENT IS CONFINED
TO BEDROOM BY COLD
President Wilson is suffering today
from a slight cold, and is to stay in his
bedroom, where the temperature is
even, until he improves. The President
has been golfing each morning this
week, but the weather today was too
damp to permit contact with the raw
atmospnere.
President and Mrs. Wilson have
planned to go to New York Saturday
to attend the Army and Navy foot ball
game, and it is expected that the cold
will have worn away In time for the
party to leave here Saturday morning,
returning that afternoon. The exact
time of departure had not been fixed
today. One plan proposed was to leave
here tomorrow afternoon, so that the
party could attend a theater tomorrow
night in New York, but it Is now believed
the special train wl!l leave here
early Saturday morning*
\
ISEEK AGREEMENT
ON 8-HOUR TEST
Attorney General and Railroad
Lawyers Continue Their
Conferences.
TYPICAL CASE IS WANTED
Railroad lawyers and Attorney General
Gregory continued today their
conferences in an attempt to agree on
one suit involving test of the. Adamson
act to press for early consideration
by the United States Supremo Court.
The difficulty in reaching; an agreement
arose mainly, it is believed, from the
anxiety of the railroad representatives
to pick from the many cases pending
in federal courts one covering typical
conditions faced by all roads.
Selection of a test case would relieve
the. department from defending a
multitude of suits already filed, as it
is understood all railroads would agree
not to press individual suits or institute
new actions pending decision in
the test case.
Wants It Made Test Case.
| The Department of Justice is said to
j have insisted that the case of the Missouri,
Oklahoma and Gulf, in which
? Federal Judge Hook, in Kansas City,
| yesterday- held the Adamson act unI
constitutional, should be made the test
; case. The railroad attorneys, however,
| were not convinced that the issues presented
in it are sufficiently broad to
j cover ail points that might be develi
oped against the Adamson act in a
j case involving a much larger property,
j They were inclined to insist that the
Atchison. Topeka aind .Santa Fe case,
I which is set for hearing today at Kan'
sas City, would present the questions
; in issue more completely and with
i more justice to the carriers.
Tt was pointed out that the railroad
! men here have had no opportunity to
1 read the complaint tiled in the Misj
souri, Oklahoma and Gulf ease, al'
though they are familiar with the actions
begun by the larger roads, and
! are satisfied that they cover the
I ground so thoroughly that the entire
I argument for the railroads could be
I made on them in the Supreme Court
! of the United States.
I Kail road lawyers said that conditions
j on different roads might be vastly dif|
ferent, and that while the Adamson
! law might not be confiscatory as applied
to one road, it might if applied
to another, where the territory traversed
yields a dissimilar return, where
I the expenses are. not the same, and
wliere other important lactors are iar
from identical. The railroad attorneys
are represented as being" desirous that
any case that goes to the Supreme
Court with their agreement that it be
a test case shall invvolve some road
where conditions are as nearly typical
as possible.
Decision Wanted by January 1.
The department officials continued todai*
to express the hope that a decision
could be had in a test case from the
Supreme Court before January 1, when
the law becomes effective!. '
Charles Henry Butler, for fourteen
years reporter of the Supreme Court,
and who recently resigned, when asked
the quickest period of review of any
case in the Supreme Court, said that
so far as lie could remember it was in
the case of H. H. Harriman against
the Northern Securities Company to
restrain distribution of the Union Pacific
stock.
The case was unsuccessful in the circuit
court of appeals, where a judgment
was entered January 3, 11*05. Harriman
immediately asked for a writ of certiorari,
which th? Supreme Court granted January
30. 1905, on which day it adjourned
for the usual three-week February recess.
but it set the case down to be
heard immediately after recess. It was
argued March 1, 1905. and decided March
6. 1905.
In this ease Chief Justice Fuller announced
the decision of the court and
stated that in view of the importance of
the case the court would announce its
decision affirming the crciuit court of
appeals, but that the opinion would be
delivered later. The opinion was not
delivered until four weeks after the derision
was announced. Mr. Butler said
that so far as he could remember that
was the only case advanced, argued immediately
and a decision announced without
waiting for preparation of an opinion
during his term.
Santa Fe Case Postponed
While Lawyers Study Record
for Test of Eight-Hour Law
KANSAS CITY, Mo.. November 23.?
Counsel in conference over the Adamson
law cases today agreed to request
that the Santa Fe case scheduled to
come up in the I'nited States district
court in Kansas City, Kan., be postponed
until tomorrow. The conference.
It was stated authoritatively, was as to
whether the record of the case of Missouri.
Oklahoma and Gulf, appealed to
the Supreme Court yesterday, could be
made to cover the problems of all railroads
or whether one or two additional
test cases should be brought. Judge
' Pollock agreed to the postponement.
Walter D. I lines of New York, of
counsel for the Atchison, Topeka and
Santa Fe railway, and Gardiner jLatlirop
of Chicago, general solicitor ot
the road, arrived here this morning
and went into conference with Frank
1 Hagerman, special counsel for the government,
and other attorneys interested
in the injunction suit brought by
the Santa Fe against the Adainson law.
HOLDS ITS FIRST MEETING.
Adamson Law Commission Confers
With Railway Executives. /
NEW YORK, November 23.?The
Adamson law commission, appointed
by President ilson to investigate the
operations of the act, held its first
meeting here today and conferred with
more than a dozen railroad executives
for the announced purpose of discussing
with them informally the methods
to bo used in the investigation.
The commission will hold a similar
conference with the heads of the railroad
brotherhoods at a later date.
The members of the commission are j
George \V. Goethals, chairman; George
Rublee. member of the federal trade
commission, and Edgar E. Clark of the j
interstate*commerce commission.
Among the railroad executives present
were Chairman Lovett of the Union !
Pacific, Presidents Holden of the Chicago.
Burlington and Quiney. Willard
of the Baltimore and Ohio and Truesdale
of the Delaware and Lackawanna,
Bush of the Missouri Pacific, Loree of
the Delaware and Hudson, Underwood
of the Erie and Vice President Atterbury
of the Pennsylvania.
To Arrange for Veterans' Camp.
Brig. Gen. Abiel I*. Smith of the
Quartermaster Corps has been ordered
to visit Vicksburg, Miss, 10 arrange
for the camp to be held there next year
for federal veterans of the civil war,
. >
!A. P. THOM TELLS
COMPANIES' SIDE
1 OF RAILWAY ISSUE
I
Presents Lines' View of Transportation
in U. S. to Joint
Committee.
i
I "REGULATION IS PUNITIVE.
RATHER THAN HELPFUL"
Counsel for Executives' Advisers
Ask That Inquiry Be Conducted
in Interest of All.
T ?
?
ALFRKD P. THOM.
i The condition of the railroads of the
j country was compared with that of the
government clerk by A. P. Thorn, general
counsel of the railway executives'
committee, today before the joint congressional
committee investigating the
entire, transportation question.
"The railroads," said Mr. Thorn, "are
controlled by the government so far
as their revenues are concerned. There
is tio control, however," he pointed out,
"over the expenditures which must be
in.nie uy tin- lamvaus.
"The revenues of the government
clerk," he said, "are also controlled by
the government, but the expenditures
of the government clerk are not controlled
by the government, and continue
to increase with the cost of living.
"In the same way," he said, "the railroads
must meet increases in the cost
of materials, and yet all the time they
are restricted in the matter of revenues
by government control of rates."
Refers to List of Questions.
Before entering upon his statement
Mr. Thorn directed the attention of the
committee to a list of questions which
he had prepared to be considered by
bankers afld investment brokers and
which he had furnished to the clerk of
the committee. He read a letter he
had written to various prospective witnesses
calling attention to these questions.
Representative Adamson said that
Mr. Thorn would have an opportunity
t" ask witnesses these questions.
Senator Underwood said he would
oppose this proposal and asked that
the question of whether any party to
the controversy be represented by
counsel be not settled until after it
had been considered by the committee
in executive session.
"1 think any American citizen ought
to have a right to ask questions," said
Judge Adamson.
Presents Railroads' View.
The railroad view was presented
by Mr. Thorn, counsel for the railway
executives' advisory committee. Mr.
rrhnr" as first snokesman for the
roads when the committee decided to begin
its inquiry by hearing their aid? of
the case, blamed the present system of
"corrective" regulation, divided between
the state and federal governments, for
most of problems troubling the public and
the carriers, and appealed for a discussion
of necessary changes "not upon any
mere theory or jealousy as t.o th? distribution
of governmental power, but
upon the large issue of what public interest
requires."
Kates, Mr. Thorn declared, are leas
important to public interest than "certainty,
safety and sufficiency of transportation."
Under present conditions in
which "the railroad business is largely
controlled by political instead of business
considerations." he added, railroad
credit is so poor and returns so small
that adequate extensions of lines into
undeveloped territory and enlargement of
facilities arc impossible. He said increased
transportation facilities would tend to
reduce the high cost of living by opening
up new country, thereby causing increased
production.
Thinks Regulation Not Constructive,
Mr. Thorn pointed out that the present
system ol' railroad regulation had
its beginning in the abuses of the past
and was based on the principles of re
preSSion, correction a.nu purnauinem,
rather than on constructive principle?,
lie contrasted this with the plan o?
governmental regulation of banks.
"The system of bunk regulation," lie
said, "was born of the spirit of helpfulness
and encouragement intended to
build up and make adequate for the
American people its system of national
batiks. Hail road regulation, on the
other hand, is the result of a spirit of
anger that grew out of real or fancied
abuses in the past.
"The railroads accept the view tha^;
regulation is a permanent and enduring
part of government in America,
and that the first duty of the carriers
is to the public. That duty is to af!
ford reasonable facilities on reasonable
I terms and at reasonable rates, and this
must be done before any private interests
can be considered."
"Cost Secondary Consideration.*'
r? en nt?r?rt of his contention thar.
"the first consideration of the public is
to obtain transportation facilities," and
that "the cost is in reality a second
consideration," Mr. Thorn declared that
when a nation-wide strike recently
threatened to tie up the railroad*
"business men would have been willing;
to pay almost anything to get their
r