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PAGES TWELVE PAGES Vol lxx. no 295 price two cents. CONSOLIDATED EAS PAYS GIL TRUST CENT ORE NEW IIAVEN", CONN., SATXTKDAY DECEMBER 8 T90ti HIGHER PRICE FOR OIL THA A ANY OTHER COMPANY IS CH AUG Lit. ' Assistant Corporation Counsel Burr of JVew York, Who Is Probing the Cost of Gas Manufacture Says the Cent Difference Means Five Cents on Every Thousand Cubic Feet of Gas Sold William Rockefeller, James StUlnuin nnd Other Wealthy Men Directors In Both Companies. New York, Dec. 7. A contract made by the Consolidated Gas company with the Standard Oil company calling for the delivery of 255,000,000 gallons of oil to the gas company at an average price cents per gallon, has been found FUTURE OF CHINA. Former Secretary of State Foster Quite Optimistic. Washington, Dec. 7. Former Secre tary of State John W. Foster to-night delivered an address before the Nation al Geographic society on "Present Con ditions in China." He declared that a new era has dawned upon China, and that its government and people are taking tne ngnt steps to bring them abreast or modern progress, and to en able them to take their proper place amuns un naming or tne earth a place, he said, "which the vision of a political seer might fix in the van of all the nations." "The government of China is an au tocracy," he said, "but in few of the countries of the world is the spirit of democracy so manifest and potent. In no other nation are the public offices so freely opened to the masses. The lowest subject may fit himself for and obtain the highest office." TWENTY TEARS FUR LST1CER. of i.l hy Assistant Corporation Counsel Burr. who has been investigating the cost of manufacturing gas in this city. The price named in the contract is said to be one cent more per gallon than is paid to the Standard Oil company by any other corporation. Mr. Burr said that the difference in the cost of oil of one cent per gallon "means a difference of five tents on ev ery thousand cubic feet of gas sold. Therefore, it can readily be understood why the price paid for oil is a very im portant factor in sustaining the legal rate of SO cents for gas in New York." The Consolidated Gas company has pleaded in the gas hearings that it was compelled to buy all its oil from the' Standard OH company, because that was the only oil producing corporation that could supply all the oil needed for making gas. In making up its state ment of the cost of producing gas the Consolidated Gas company included the cost of oil at the high quoted rate. Mr. Burr says that the contract was signed by the Consolidated Gas com pany 'through W. R. Addicks, the vice president or tne company, and for the Standard Oil corrraanv bv THo-E-tna Telford. It was to run from November 1, 1905, to June 30, 1908, a term of two years and eight months. By the terms of the contract 'the 'Standard Oil com pany was to furnish the Consolidated Gas company 235,000,000 gallons of oil; forty per cent, to be of a grade not 4 lower than 34 degrees beaume and hlgh- 3r at the option of the gas company; md sixty per cent, not below 28 degrees oeaume. The forty per cent, was to 30t 4.875 cents per gallon, and the re nander 4.29 cents. : Mr. Burr also made public a state nent by the accountants who were en gaged by him to examine the compa ny's books. The statement purports to how that gas, according to the com- iflnv's hnnlcs. pnsfa R! nft pinta nor rhnii- i'and instead of 74.81, as the company I lalmed; that land the company claims a a worth $16,000,000 and cost it only $3, j 00,000, and that the company figures in ts costs of gas a number of items that fj "hould not be Included, g. Mr. Burr also finds, he says, that the ompany has ninety-three miles less of ti. lains than It claims, and that "William w Rockefeller, James Stillman and other 3 -ealthy men are directors in both the jj, Consolidated Gas company and tne tandard Oil company. . ..i Scathing Denunciation of Prisoner by New York Judge. New York, Dec. 7. Peter Polykconus was sentenced to twenty yea,-. in state prison by Judge Rosalsky to-day for enticing young girls into his ."ruit store at 82 Oliver street. Judge Rosalsky said : "I believe with President Roosevelt that death should be the penalty for crime of this character." Polykronus fell on his knees an'd bc souht mercy. "No, not for you. The beasts cf the fields have more decency than you," re sponded the Judge. NO SIMPLIFIED SPELLING TIIE CABRINGTON PUBLISHING CO. DEAD NUMBER SEVEN IN FIRE AT CORNELL FOVR STUDENTS AND TnREl PROMINENT CITIZENS PER ISH IN FLAMES. SPECIFICALLY BARRED IX CHIEF APPROPRIATION BILI. 4 DANIEL S. GILHULY VEAO. Vas for Two Terms n Police Comir-i-loner For Years Active In Politics. ' In the death of Daniel S. Gilhuly iesterday New Haven lost one of her est known citizens, and -who years go was one of the city's' foremost po itical leaders. He was also well known md prominent in various societies. lr. Gilhuly died at 8:30 o'clock last ivening of a complication of diseases rom which he had suffered for sav. pal months. His death is a ead blow j his many friends. Mr. Gilhuly was born in New Haven n 1847 and had since proved himself it worthy citizen, as shown toy his in- erest taken in the public welfare. He lad been engaged in the soda water Kittling business for thirty years. He erved on the board of police commls iioners for two terms and on the board f aldermen for the same length of Ime. He was a member cf San Sal ador lodge, K. of C, of the GoveY lor's Foot Guard, Elks, Eaglets, Busi less Men's association, Royal Arca uim and Sheridan council. i Mr. Gilhuly had lived at his summer lome at 603 Beach street, Savin Rock, r the last twelve years. He was a egul-ar attendant at St. Patrick's murch, and was an ardent Catholic. He leaves to deeply mourn his death i widow, one son and five daughters. Me wa a most affectionate husband md father. The arrangements for his funeral lave not yet been completed. House Committee Reports the Execu tive and Judicial Measure Carrying $31,000,000 with Provision that New Spelling Shall Not be Used In Docu ments Authorised by or Ordered by Congress. Washington, Dec. 7. With an ap propriation oi over ?3i,uw,uuu ana a provision barring "simplified fpelling" in aocuments autnorlzea iby law or or dered by congress, the legislative, ex ecutive and judicial appropriation bill for 1908 was reported to the house to day 'by the appropriations committee and was made a special order for Monday. The amount carried by the bill is $685,812 les.5 than the estimates. The appropriation for current fiscal year aggregated $30,186,485. The entire number of salaries carried in the bill is $14,727, or 202 less ;han Included in the estimates therefor and 29 more than provided for the current year. An increase from $1,200 to $1,400 is made in the allowance to members of the 'hoUsn for clerk hire and the re quirement that members certify that they spent this amount is omitted. The appropriation for miscellaneous ex penses f,.r the senate is cut from $100, 000 to $50,000. The salary of the sec retary to the speaker is increased from $-'.000 to $4,000. NEGRO'S DkSPtRATE FIGHT. AMRIUIST IttBATt.RS WIN. Vesleynn Second and Williams Third In Triangular Debate. i Amherst, Mass., Dec. 7. Honors in she triangular debate between Fesley n, Williams and Amherst to-night fell y Amherst, whose representatives won S both of their forensic contests. Wes- I oyan by defeating Williams took sec- j na piace. Debates were held to-night efore the students and faculty of each ollege simultaneously by teams of two len picked as the choice of the re pective institutions. The subject, -hich was the same in each debate, as: "Resolved, That the policy em odied In the pending treaty between anto Domingo and the United States i a desirable departure in American iplomacy." Basketbr.ll. At Princeton, N. J. Princeton 'ordham 17, Murders AVoman Then Kills One of His Pursuers. Greenville, Miss., Dec. 7. Two persons dead, two seriously wounded, and two slightly injured is the result of a fight here this afternoon. Felix .Holman, a negro of Arkansas, shot and killed Ce lina Holman, a negress in Mrs. Pratt's boarding house for negroes. Policeman P. A. Abercromlln, with B. Coffer, Wil liam Vaught and Enoch Thompson en tered the boarding house to arrest Hol man. The negro had two pistols and fired upon the arresting party. The first shot passed through Thompson's breast, killing him. Another shot struck Coffer in the body. He is in a precarious condition. Policeman Aber cromlin's right thigh was shattered by a bullet from 'the negro's revolver, o. Wainer, a business man, was struck in the leg by a stray bullet, but was only slightly hurt. After emtying his pis tols at the party, the negro fled from the boarding house, and was fired upon by policemen and citizens. He was fin ally driven Into a warehouse, and after a threat was made to burn him out of his place of refuge, he surrendered. Holman was shot in the arm. Two Bodies Still in the Ruins of the Palatial Chi PsI Fraternity House City and University United In a Com mon Bond of Sympathy Acts of Heroism McCutcheon, the Football Player, and Schmuck, '07, Die of In juries Received Trying to Save Com rades. Ithaca, N. Y.( Dec. 7. All clay smoke has drifted across Cornell cam-pus from the ruiii3 of the Chi Psi fraterni ty house the burning of which at an early hour this morning was attended with a loss of life that has thrown not only Hie university but the whole city into mourning. To-night the dead num'bered seven. Of these four were students, and the other prominent townsmen who had responded to the alarm in the capacity of volunteer firemen. Amoog the students who escaped death in the flames seven were in jured and of these C. J. Pope of East Orange, N. J., it is feared, will not long survive. He was badly burned. The bodies of the dead, with 'he exception of those of W. H. Nichols of Phicago and F. W. Grelle of East Or ange, x. J., were recovered. To-night it was decided to dynamite the ruins to facilitate the search for the missin ibcdins. The dead: Attorney Alfred S. R :bln sen, fireman; John C. Rumsey, hard ware merchant, fireman; E. J. Landon, salesman, fireman; F. W. Grille of East Orange, N. J class of 1910; O. L. Schmuck of Hanover, Pa., class of 1907; W. H. Nichols of Chicago, class of 1907; James McCutcheon, jr., o Pittsburg, Pa., class 1909. The injured: H. S. Decamp of New York, '09; Harry M. Curry of Pitts burg, '09; R. R. Powers of Atlanta, Ga., '10; W. W. Goetz of Milwaukee, Wis., '09; W. A. Ulhlein of Milwaukee Wis., '07; G. R. Sailor of Pittsburg '0' C. J. Pope of East Orange, N. J., '10. The fire has united city and unlver slty In a common bond of sympathy. The heroism of the volunteer firemen who died at tacking the fire was match ed by that of Schmuck, -who re-entered the flames in a futile effort to save Nichols, his roommate and who died from his injuries and by the courage of McCutcheon, the football player. who remained in tne flames until fat ally burned to assist his comrades to escape. Pope, the freshman, received his injuries while seeking to revcue other members of the fraternity and fhe record of the injured corresponds with that of the men who tried to help their fellows. Among tnose earnest on the scene and who contributed most to the work of rescue was several Cornell football men. All did effective work. Sam Halllday, a former full back, and Earle and Gibson, the half baek,j of the season just ended, were prominent in the efforts to release the fraternity men cut off from escape by the flames. in the lower part of the hnuse. The cause of the fire will probably never be discovered. The building is an unsig'htly wreck, with no particle of its inner furniture remaining. Cor nell is deprived of one of it,3 land marks for the lodge was built In 1881 by Jennie McGraw-Tiske, et a cost of $130,000. The daughter of the lumber king, John McGraw, who was one of Cornell's early great benefactors, nev er enjoyea ner palace, ana entered It only after death. Around the house have clustered the memories of the great fight for the Fiske millions wa ea Detwcen ivol. Willard Fiske, the husband, and Judge Boardman, as the representative of Cornell, to whom Mrs. Fiske left the bulk of her estate, MARLISOItOVGHS TROUBLES. Rumor thnt Their Affairs Will Soon be Aired in Divorce Court. London, Dee. 7. 'Not all the plead ings of their relatives and friends seem iu oe ame to stem tne ucie which is carrying the affairs of the Duke and Duchess of Marlborough into the di vorce court. No papers have as yet been served, but it is declared that when they are it will not be only one suit for divorce, but two. The king has pressed for a reconcili ation without result, and now Marlbor ough has taken the stand that- he is the wronged person. Hitherto the sympathy of the public has been wholly with 'the duchoes as the injured wife and mother, but now the world wonders who the second co-respondent will be. L I C'l ION PODTPOX h. IK Vale Football Captain' for 1007 to be Chosen Monday. The meeting of the tale football Y men, which was to have :been held in the gymnasium last night, was post poned until next Monday night. The eauso is not known, 'out it may have been 'because a number of the players are out of town and Captain Morse de sires a run attendance wnen ills sue c&isor is elected. HARVARD DEBATERS WIN ANNUAL FCREKSIC BATTLE HAS RECOItO OF THIRTEEN VlCm JORltS OVT OF St VEN TEElt DEBATES, CONLON'S SENTENCE UPHELD FORM I R NE IT HATES LA WYER'S APPEAL IS DENIED. CHR 1STMAS I N 1 H K SCHOO LS. SHOT HhRSELF TO ESCAPE One of Pittsburg Best Gowned Youno; Women Suicides. Pittsburg, Dec. 7. Ethel G. Ferver, twenty-five years old, cashier for a der matologist, shot and killed herself in the apartments of her mother in this city to-day to escape being taken by a detective on a charge of forgery. Miss Ferver came here from Ohio some time ago and was known as one of the hand somest gowned women in the city. Dr. Span, by whom she was employed, boarded with her mother, and to-day when he accused her of forging his name to a check for $1,000 she went into an adjoining room, after Span had telephoned for a detective, and shot herself. Protests of Jews In New York Dlre garded. New York, Dec. 7. In iplte cf jre tests from the Union of Orthodox He brew Congregations, it is announced that the usual custom of Christian ob servances in the schools will -lot bd in terfered with by the board of education. Mr. Stern, chairman of the elementary school committee of the board, said yes terday: "Those behind this protest have s fart ed an agitation 'which will do no good. for a year tney nave been at us to issue an order prohibiting Christmas observances in the schools, but we have refused, and will continue to refuse. I feel certain that these agitators have not the support of the more intelligent Jews of this city. "There is nothing harmful in these Christmas observances. All the princi pals have been instructed to keep sec tarian views out of them. They are, however, allowed to draw lessons of morality, provided they do this without using sectarian doctrines. As for the singing and compositions there Is noth ing harmful in them." NEW HAYt-N Sf 1IOONER ASHORE 49, Re-hearlng Tuesday Nlptat. tAlderman Fran-is S. Hamilton, chairman of the special committee, which is investigating the advisability of having a crntagious hospital in the TweKth ward, has sot next Tuesday evening as the date f.)r the rehearing of those interested in the project. Abble C. Stubbs Reached Off Quaco, New Brunswick. Quaeo, 'N. B., Dec. 7. The New Ha ven, Conn., schooner Abble C. Stubbs, bound from Two Rivens.N. S., for New' York, with a cargo of spiling, went ashore off here yesterday during a gale. She was floated to-day but was beached nearby. Her damage has not yet been learniid. appellate Division of the Supreme Court of New York Finds That lie Had ;i Fair Trl:il anil That on a Con sideratlon of the Whole Case He Was l-roperiy Found Guilty Was Con vlctcd of Larceny. New York, Dec. 7.-MartIn Conlon, lawyer, who formerly lived In New Ha ven, Conn., who was convicted of lar ceny and sent to state 'prison for not less than one year and six months, and not more than two years and six months, must serve out his time. Th judgment In his caee was affirmed to day by the appellate division of th cupi-i-iiie court, uonions appeal was denied, the court holding that he had a fair trial, and that on a consMera. tfon of the whole case he was prop eriy round guilty. . Conlon was com-ictei of having ap proprlated for his own ust the proceeds of a note for $1,800, which had been given him for discount. Martin Conlon Is well known In this city. For several years he was an In spertor for the board of health, giving up tne position on his graduation from the lale Law school. Ho was in thi city this week, and sold two pieces o property owned by him hert. The fore going dispatch, according to Mr. Con ion s friends, is misleading, They say ne nas already served his time, and behove the decision given above Is real ly a reaffirmation of the sentence to set forth its justice. Conlon, it Is said, al ways contended that his trial was un. fair, and in an appeal after he had serv cd his sentence he attempted to tablish the injustice of his conviction The above decision is believed to have been made on this appeal. AO IX1RA MILK INSPECTOR. Board of Aldermen Cut Out Approprln tloa for Thnt Purpose. The city is not to have an extra milk milk Inspector, which was asked for by the board of health in its estimates for the year 1907. Such was the de cision reached by the board of alder men in the executive session which followed the pu'bllc hearing on the es timates last night. The salary of the new inspector was to be $S00 and that amount was allowed by the 'board of finance in Its estimates. The increases in salary which the financiers granted to the present Inspectors were not touched nor was the increase of $1500 made in the salary of the health offi cer. This report will come before the 'meeting of the board of aldermen to be held Monday night and will doubt less be approved. The other estimates were left as made out by the board of finance. There were but three speakers at the public hearing. Attorney James M Sullivan made an excellent plea for the poor unfortunates 'who are arrest ed on Saturdays and have to spend the remaining time until their oases are tried on Monday, In the lockun with nothing to eat tout dry crackers. Mr. .Sullivan thought that some money should be set aside to feed these per- ons properU'. Anthony Carroll vipposed the appro priation of $400 for special detective service and of $75,000 for the new li brary. He waii opposed to any In crease in the salaries of city employes or '-fflcers. J. Edmund Miller wished to have it explained why the board of finance had placed $75,000 more or the contin gent fund than had been asked for by Comptroller Rowe. He said that he advocated 'many changes in the ap propriations but mat in as much as the b;ard had only power to cut down appropriations ana not to transfer them it was needless to montion them. It was generally understood that thU $75,000 will be used for the library site if necessai--. Yale Had Choice of Sides Last Night and Chose the Affirmative of the Question! "Resolved, That Further Restriction of Immigration Is Unde sirable" Murphy Fasiiy the Best Speaker for Yale and the Lending Dcbator of the Contest. Cambridge, iMass., Dec. 7. Harvard won the seventeenth annual debate with Yale, which was held in Sanders' theater to-night. Of the seventeen de bates Harvard has won 13. The sub ject discussed to-night was "Resolved, That further restriction of Immigration Is undesirabie. (By 'further restric tion' is meant the application of addi tional tests, with the object of dimin ishing materially the number of immi grants; but the nature and practica bility of such tests are not to be dis cussed).". Yalo, which had the choice Of sides, defended the affirmative with the fol lowing named speakers: Joseph W. Jiurphy, '03, Brooklyn; John C. Slade, '03, and '0JU Kelloggsville, N. Y., and Edward H. Hart, '07, Brooklyn. The Harvard debaters were: Henry Hurwitz, 'OS, Gloucester; Alexander H. Elder, '07, Somervllle; Gilbert J. Hirsch, '0'?, New York. JMurpliy was the best speaker for Yalo, and many .Harvard men agreed that he was the best speaker of the con test. For Harvard Hirsch probably ex celled, although the other two men were In splendid form. The judges decided that the team work ol' Harvard was su perior. The Judges were United States Jus tices Edgar Aldrlch of Littleton, N. H.; William Leliaron Putnam of Portland, Me., and William B. Hornblower of New York. NOT TO SHOOT DOGS IN STREETS Chief Wrinn Tells His Officers That Was Not Intent of Ordinance. Several dogs have been shot by po lice officers on the streets of the city since the new ordinance -went into ef fect owing to a misunderstanding of the orders given by Chief Wrinn. As a supplement to his original order Chief Wrinn yesterday charged the men that it was not the intention oi the ordinance that dogs ehould Ibe killed on the public streets and order ed them not to do s'j unless the case required immediate action. Hereafter any clog that is found without a muz zla will ke kept a day or two by the police in order that if It is a valuable animal the owner may have time to reclaim it. The small boys ot the city are es pecially warned against stealing the muzzles from dogs as the officers will keep a sharp lookout for such offences. BYRNES STRONG PLEA FOR NEWHAVEN ROAD TELLS CHAMBER OF COMMERCE GUESTS ITS ENDEAVORS AND AMBITIONS. COAL LAND FRAUDS. FAILED 'I O APPEAR IN COURT. AVnrrnnts Likely for Candidates Who Mid Not File Expenses. Hartford, Dee. 7. Fourteen candi dates for office In the late state elec tion were supposed to have appeared In the police court before Judge Gar vin to-day to answer. to the charge of violating the corrupt practices act in failing to file with the secretary of state an account of their expenditures, but only six appeared. They were Thorsden Clafford, W. W. Sheldon, Charles L. Blake, candidates for state senator; John H. Lee, candidate for representative In Lisbon, and George H. 'Holmes of New London county. AH excepting Lee and 'Blake pleaded guilty. iee said that he had filed his account with the town clerk of Lisbon, an'4 thought that was enough, and Blake said that he was nominated for office without his knowledge and consent. Clafford, said that he had filed his ac count with the New London town clerk, and the others said that they had been misinformed. Clafford's case was con tinued until Monday, when probablv other cases will come up. No fines were imposed to-'Jay. Judge Garvin said that an investiga tion as to why the other delinquents were not present would be made, and if necessary they would be arrested on warrants. They are Walter W. Collar. John W .Dixon, Lafayeette R. Ladd. Charles Beach, John T. Wright, William Lang and Charles D. James. Prosecuting Attorney Harrison B. Freeman, jr., is conducting the cases for the state. Indictments Against Union Pacific Rail, road Co. and Others. Salt Lake City, Utah, Dee. 7. The federal grand Jury that is Investigating coal-land frauds in Utah and charges that railroad corporations have dis criminated against certain shippers made a partial report this afternoon Indictments were returned against the Union Pacific Railroad company, the Oregon Short Line Railroad company, the Union Pacific Coal company, the Utah Fuel company and several of the highest officials representing the Har- riman and Gould corporations in Utah. BASIS FOR THE TEST CASE STATEMENT SUBMITTED BI 'FRISCO BOARD OF EDUCATION. PROF. HAHLhl'S LI.CTURE. Again Speaks Before New York School of Philanthropy. New York, Dee. 7. President Arthur , Hadley, of Yale university, to-day delivered the second of the lectures on The Ethics of Political Activity" be fore the New York School of Philan thropy. He said, In part: "The final test of our ability as a na tion rests on the power of the people to judge of evidence quietly and accept the operations of law, even when it works to their own hurt; and to set Ideals of success of the kind that will preserve the nation instead of those which will destroy it. Every man who publishes a newspaper which appeals to the emotions rather than to the in telligence of Its readers, and, to a less extent, every man who lightly believes the statements that exist in such a newspaper, hurts our political life at a most vulnerable point. Every man who admires a public officer for success in serving himself rather than for a suc cess in serving others who respects the man because he gets the office instead f deserving the office, or for the mak ing of money instead of the wise use of shows himself to that extent unfit to be a member of a self-governing na tion." A1TELL DEI BATS WALSH. In the Ciar Receives Count Wltte. St. Petersburg, Dec. ".Count Witte the former premier of Russia, who rA- centlv resumed from abroad, was re ceived in audience by the. emperor to day. T'le count's reception had W delayed on account of his ill health. Boston Man Knocked Out Eighth Round. Los Angeles, Cal., Dec. 7. Abe Attell of Los Angeles knocked out Jimmy Walsh of Boston in the eighth round of a fight for the featherweight cham pionship here to-night. The contest was fast, Attell having the advantage from the start. Tommy Burns was the referee. Bsiness Section Wiped Out. San Saba, Texas, Dec. 7. The entire business section of this town was wip ed out by fire last night. The loeg js $103,000. Immediately Telegraphed to Washing;, ton by United States -District Attor neyComplainant In the Case a Jap. anese, Aged Ten Years, Who Has Been Barred from a Primary School The Exact Legal Question Presented for Determination, San Francisco, Deo. 7. The board of education, through City Attorney Wil liam G. Burke, this afternoon submit ted to United States District Attorney Devlin a statement of facts bearing on the segregation of Japanese in separate schools. ' It is planned to make this statement the basis of legal action by which the federal government ijj to test the con stitutionality of the state law under which the board of education made Its ruling. Mr. Devlin stated it would be necessary for him to verify the facts as set forth, and said that on Monday he will be ready to state whether he can accept the statement as a basis for the action. The statement was immediately tele graphed to Washington, where it is ex pected it will be considered by Attorney-General Moody. The complainant In the case is a Japanese, aged ten years, who has been barred from the Redding primary school. The United States district attorney stated his Intention to submit the mat ter to the stae supreme cour, declar ing that he prefers to have the matter decided by the judiciary of the state. The document recites that the politi cal code of California gave the board of education authority to establish sep arate schools for Orientals, and that this was done. The document then states that a sep arate school was established for Orien tals, which Is conducted in all respects as are other schools of the same grade, that trustworthy and competent teach ers are in charge, and. that the same educational privileges, rights and ad vantages are offered the Oriental chil dren as are offered the children of all other public schools. The statement sets forth that at the time of the passage of this resolution there were ninety-three Japanese in at tendance at the public schools, thlrtv- nine of whom were between Che ages of sixteen and twenty-one. The admis sion is madethat the children of all oth er foreign parentage other than oriental are not segregated. . '. , The legal question presented for de termination ie: 1 -Whether the ordinance of the boartl of education and the statute on which it is based are within themselves, or In their operation, violations of the rights secured to the subjects of Ja pan by treaty; and -whether the defend ant has been deprived of the same edu cational rights and privileges as the children of English, German, French, Italian or other European parentage, and whether the resolution and statute create any discrimination against Chinese, Japanese and Korean chil'dTen, or are violations of the treaty. Whether the treaty, in so far as it relates to the subject matter of controversy, is valid. this Banquet nt Rarmonle Hall Repeats An nual Success Railroad Vice Presi dent Asks New Haveners to fco operat With Company Job Hedjrea of New York Refers to Hearst and Declares Half His Statements Found ed on Fact Relieves Hearst Would Have Been Elected If He Ran as In dependentProfessor Phelps Talka on Relations Between City and Uni versity. With, nearly 250 gathered about its i bounteous board In Harmonia hall last evening the New Haven Chamber cf Commerce recorded one more nc-ich la the record of its' annual dinners, aad It la safe to say that no one who wa pres. ent last evening will be willing to ad mit that any of that body's prevlou successes could quite equal that of last night. It was the psychological com bination that leads to pleased satisfac tion, the combination of those things that delight the epicurean sensations, and those that minister also to the In stinct for the Intellectual. Mr. Moseley had charge of the appe-tite-satisfylng, and placed .before the 230 censors a menu that -was n full a satisfaction. The Chamber of Commerce Itself saw to the furnishing of the Intellectual menu, and again It was a case of com plete satisfaction all around. . Governor-Elect Eollln S. Woo-,iff hell the reins of authority as toast- master. In his brief Introduction he re ferred to his recent election to the governorship, saying: A short time ago the nresldent nf this body -was elected governor of this atji.tn. This means a large personal responal- Duity, out it also means a large per sonal opportunity. If in the office of governor he can faithfully and earnest. ly serve the people who have . placed mis nonor in his hands, this' will be hte only ambition. The reward shall hn in the work of a clean 'business ad ministration, and the satisfaction of hading over the state with a clean bal ance sheet to his successor. The first speaker is a gentleman born in Vermont, a lawyer by profession, but one who has given up his profession for the Important science of railroad ing. Here he is a resident of New Ha ven, and the new vice president of the Consolidated road, Timothy B. Byrnes. the opening portion of his address was occupied with depicting the early industrial beginnings of New England before the coming of modern tranepor- ta'tion, which he declared essential to modern communities. He then spoke of the early railroads, dwelling especially upon their smallness and extremely lo cal character, and the ability of one man to entirely supervise. 'He spoke of some of the inconveni ences of the little disebnnected lines, and compared the cost of building them with the much larger sums now being spent on isolated parts of the same' roads to better their service. He con tinued: I can think of no way to more forcl-i bly impress up'on you what is being done in your midst, by our company,' 'than by comparing the cost of Yale with the work the railroad company la doing. The cost of the cut improve ments, including yard, new station and shops in 'New Haven, and the work be tween here and New York, will amount to more than the cose of Yale from Its foundation up to the present time. Tou are, and should be prou4 of old Yale, but should you not also be proud of that other local institution, the larg est business enterprise in New Eng land, whose receipts this year from all sources, will exceed ninety million dol lars, thus ranking it fifth among the great railroad systems of the country when viewed in the light of their earn ing capacity; Which gives employment to more than 60,000 people; which has for Its president a man whose progress Iveness, enterprise and sense of justice have attracted the attention and won the admiration of all; and whose solo ambition is to give such excellent ser vice that this "Child of Connecticut" shall be the model railroad of the country. (Continued on Third Page.) FOR VIOLATING GAME LAW. American Students Take Most Prizes. Rome, Dec. 7. Cardinal Gotti, pre fect of the propaganda, to-day distrib uted the prizes to the students in the foreign ecclesiastical colleges in Rome. American students carried off the greatest number, getting a total of twenty-seven medals. France to Purchase Railroad. Paris, Dec. 7. The proposal that the etate purchase the Western railroad passed the chamber cf deputies to-day by 364 votes to 1S7. In th eevent of its being confirmed by the senate this pro posal will go into effect at the end of a iear. Danbury Man Arrested Hunted Rata hits With Ferret. Danbury, Dec. 7. John Powlowski of this city was arrested on the train be tween Redding and this point this aft ernoon by Special Game Protector Wil liam S. Thompson, charged with violat ing the game laws. He will have a hearing to-morrow. Thompson was returning to Danbury from lorwalk, ami noticed a man get on the train at Reddng, accompanied by a dog. The fact that the man had a dog with him, he said, led him to observe him closely. He noticed that the man'a pockets bulged, and says that that fact led him to arrest Powlowski on sus picion. When the latter was searched a ferret and five dead rabbits were found in his pockets. The penalty for hunting rabbits with a ferret is heavy, Agred Southington Man Fonnd Dead, Southington, Dee. 7 Edward Bar ritt, aged eighty, was found dead this afternoon by neighbors, in the house where he lived alone. It is believed he died from lack of care and that death occurred two days ao. Ha leaves two sons, one of whom. Frank, is believed to be living in West Ha-' van.