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matatiCime Fair Tonight; Saturday Continued Warm. NUMBER 7085. Yesterday' Circulation, 52,145 WASHINGTON, FRIDAY EVENING-, MAX 19, 1911. Eighteen Pages PEICE ONE CENT. LashEdition DEPOSITORS IN RIXEY BANK TO COLLECT HALF ROW OVER COST OF ELIMINATING HEAT WAVE COVERS ENTIRE EAST; MANY DEATHS REPORTED i Mercury Creeps Up in Larger Cities Break- ing All Records for May Weather and Causing Suffering. CAPITAL SWELTERING TODAY WITH SOME MOPE OF RELIEF TPE Figure in Big Suit Predicts Suffrage ALLEY SLUMS TO I ITS Hill TO CO CORONATION . Refuses Sully's Request to Keep Envoy Here. ATTORNEYS HAVE " A WAR OF WORDS Severely Rebuked By Judge For Threatening to "Settle It Outside." After threatening opposing attor neys with prison terms for contempt of court. Justice Barnard, of the Dis trict oupreme Court, today gave per mission to John Hays Hammond to proceed to London at his pleasure to act as special ambassador at the coronation, despite objection of Dan iel J. Sully, former "cotton king," suing Hammond for $1,500,000 dam ages. Justice Barnard said Hammond need not return until November to testify in Sully's suit, completely routing Sully at every turn in his effort to force Hammond to remain for testimony. He overruled an at tachment for Hammond, asked by Sully, and granted Hammond's mo tion to postpone his presence as a witness until November 1. Excitement in Court. This ruling of the court followed a dramatic and exciting censure by the court of Attorney John C. Glttings. representing Sully, and Attorney Philip "Walker, counsel for Hammond, in which Glttings said be would "set tle with Walker outside of court after this is over." A request of "Walker that Glttings teU the truth to the court caused Glttings' remark. 'Tou can't act that way in this court and I've decided to postpone this whole thing until fall, as Mr. Ham mond asks." said Justice Barnard showing plainly his Indignation. "I'll send you both down to you'll incur punishment for contempt of court," said Justice Barnard, Sesltat ing, but plainly indicating his pro posed punishment. "You've got to conduct yourselves as gentlemen or suffer the conse quences," Justice Barnard said In granting Hammond's motion for a postponement to permit his attend ance at thp London coronation. Justice Barnard fcaid , "It is important that the Govern ment shall send Its representative to Europe, and the court will not inter fere with Mr. Hammond in his plans. This testimony must be postponed because of his official position Curts should not interfere with appoitn ments of the Government, particularly In a case of this nature The repre sentative of our Government abroad must be permitted to go without hin drance from the courand I will not compel him to remain." Court Rebukes Lawyers. "You've had two months anyway for this testimony, and can't seem to get along very fast," said Justice Barnard to Bully's attorney. Attorney Glttings then noted an ap peal. "You can't appeal, this isn't appeal able," said Justice Barnard "well, I note an exception," said At torney Glttings. subsiding-. Prior to Justice Barnard's final rul ing, disposing of the motions. Attor neys Glttings and "Walker clashed in presenting evidence 'of former tilts between Hammond and Glttings, in which the He was passed. T want him to state the truth, that's all," said Attorney "Walker. Glttings then mad his threat to "set tle that outside" after court, provok ing the wrath of Justice Barnard. "You can't threaten in this court what you are going to do outside," said Jus tice Barnard to Attorney Glttings. Apologies to the court were later offered tjy both attorneys. Sully's Motion Denied. Justice Barnard denied Sully's motion for an attachment ta compel Hammond to remain for testimony. This writ of attachment was issued last night by Chancery Bxamlnery Harper and pre sented for ratification by Justice Bar nard. Another request of Sully to compel Hammond to sbumit official papers and letters, was also overruled by Justice Barnard. Mr. Hammond will return tonight on the Congressional Limited from Ottawa, Canada, where he has been consulting with Lord Gray regarding his appear ance at the coronation. He will sail from New York May 27 for London, re maining In Washington most of the time until his departure. WEATHER REPORT. FORECAST FOR THE DISTRICT. Fair tonight Saturday increasing cloudiness: continued warm; light var iable wind; mostly southerly. TEMPERATURES. AFFLECK'S I U. S. BUREAU. 8 a. m SI ? a- m 7s S a. m So i 9 a. m SO 10 a. m S9 i 10 a. m si 31 a. m 9 j " 9 12 noon 96 12 noon 91 l D. m 99 ! 1 p. m 93 2 p. m. .101 2 p. m. 94 TIDE TABLE. Today High tide. 12.07 a. m. and 12:15 p m.: low tide. 6:20 a. m. and 7:05 p. m. Tomorrow High tide. 12:54 a. m and I'M P- m.; lw tide, 7-14 a. m. and 7:63 p. m. SUN TABLE.' gun rises 4:12 I Sun sets 7:15 Commissioner Reports on Virginia Safe Deposit and Trust Corporation. WILL PAY PREFERRED CREDITORS IN FULL Total Assets Are $785,382, Of Which President Rixey Owes Concern $450,802. Depositors in the defunct Virginia Safe Deposit and TruBt Corporation will receive about 50 per cent of their deposits and those having preferred claims will receive the entire amounts due them, according to a re port filed in corporation court, in Alexandria today, by Special Commis sioner John M. Johnson. The report is a lengthy one, cov ering 450 typewritten pages, includ ing seven exhibits and seven sched ules. The total assets of the bank amount to $785,382.56, of which amount C. Jones Rixey, the president. now under nine indictments accused of wrecking the institution, owes the bank $450,802.05. Credit to Rixey. On this latter amount, a credit of $131,773.06 is placed, representing as sets turned over to the bank by Rix ey a few days prior to the appoint ment of a receiver. The claims of the preferred credit ors amount to S22.S36.22, the full amount of which will be paid them. These preferred creditors include the holders of notes and estates to which money is due from the corporation. The claims of the unpreferred cred itors, which include the depositors. amount to $534,966.68, of which about 50 per cent will be paid out of the assets on hand. The stock In the bank, amounting to $291,100, how ever, will be a total loss. Certificates of deposit amount to $50,783.77 and the amount due to banks and bank ers $29,897.98. The total claims of Alexandria de positors aro $121,329.59. The receivers report that thev now have on hand about $120,000 and it is expected tna' a first payment of about 20 per cent will be made in a short time. Com missioner Johnson reports that many applications for preferred claims were made and that It was necessary to re fuse a number of them, among thum being that of the American National Bank, of Washington, amounting to $7,000.12. To Pay Cost of Litigation. An allowance of $20,000 has been made by the commissioner to cover the cost of litigation in the case of unpreferred claims. Under the law the report will now have to lie over for ten days In order that possible exceptions made be filed prior to the action of the court. Commissioner Johnson states that It is impossible to announce at this time the definite days upon which first pay ments will be made. This, of course, will be under the direction of the court, the commissioner having fully discharg ed the duties for which he was ap pointed. ENJOY BIG FROLIC Kindergarten Children In Festival on the Smith sonian Grounds. Play Gamboling over the green, dancing minuets, and curtseying to one another, 2,000 children of the kindergartens this morning presented an interesting, beau tiful sight for thousands of persons who gathered on the Mall, in the Smithso nian grounds, to see the annual play festival. To the music of the Marine Band, the children went through the exercises they are taught in school, and with childish playfulness romped through their games. Capt. James F. Oyster, president of the Board of Education, frolicked with them, and with one of the kindergarten teachers did a graceful minuet that brought cheers from the thousands there. The captain said he had as much fun as any child there, although admit ting he was "slightly overgrown" to in dulge in such violent play. "It was one of those things which must be seen to be appreciated," said Superintendent A. T. Stuart this after noon. "It was a beautiful sight The kindergarten children, who are just coming into our school life, present as interesting a study as the cadets, who are Just leaving us, do with "their drills." Trjal of Sister Agnes Set for Next Friday The trial of Sister Agnes and Dr. M. A. Russell is set for next Friday in Dis trict side of Police Court They are charged with violating the health regu lations by failure to Isolate patients ill with measles and failure to report to thp Health Department the outbreak of the disease In the St Ann's Orphan Asy lum. Tne prosecutions are mmaiea oy the Health Department, THOUSANDS OEMS ' svSP?'?v 'v -CoprJghled, by Paine Btudlo. STILSON HUTCHINS, Aged Millionaire, Whose Trustee Asks That Court Exercise Complete Control Over His Estate. T CONTROL OF HUTCHINS ffllLLIONS MED BY TRUSTEE Dante Opens Legal Fight Against Proceedings of Millionaire's Wife. In opposition to the lunacy proceedings against Stllson Hutchlns. aged Wash ington millionaire, brought by his wife, Mrs. Rose Keeling Hutchins. supervis ion by the District Supreme Court of his entire estate. Bald to amount to $4,000,000. is asked in an equity suit filed today in the District Supreme Court by William J. Dante, confidential agent and trustee for Mr. Hutchins. To administer the property of Mr. Hutchins under the direction and advice of the court, is the request made by Mr. Dante, who is represented by At torneys Brandenburg & Brandenburg. He asks the court through either Jus tice Gould or Justice Stafford, to direct his administration of the property in every detail, under the deed of trust conveying him all of Mr. Hutchins' mil lions, March 7 Hutchins Condition Worse. Mr. Hutchins. who suffered several severe strokes of paralysis recently. Is said to be in critical condition. He is said to have failed rapidly since re cent paralytic seizures, fears being ex pressed for his ability to survive any great length of time. Mrs. Hutchins plans to take her husband to Narra gansett, R. L. but his sons, Walter and Lee Hutchins. wish him taken to some resort nearer Washington, to avoid the fatigue of a long journey. So serious is the reported condition of the aged millionaire that his Im mediate removal is said to have been advised by his physicians, Drs. Morgan ana Bowers. Chief Justice Clabaugh, on the ad vice of attending physicians, post poned the hearing of Mrs. Hutchins" application to have her husband de clared mentally incompetent This hearing was set for next Monday, but is passed indefinitely by the court, it is considered Improbable that the In-J samiy proceedings win De Drought until the fall. The effect of the suit filed today by Mr. Dante, who was on March 7 made trustee of the Hutchins estate, would be to give the Equity Court jurisdiction over the control and administration of the property through orders to Mr. Dante. Oppose Mrs. Hutchins. This request of the trustee directly opposes the request of Mrs. Hutchins In her insanity petition, requesting that a suitable person be appointed a com mittee or custodian of her husband's estate. In his suit, Mr. Dante recites that his action is caused by his inability to com municate with or consult Mr. Hutchins regarding many Important business mat ters affecting the property. He says for 16 years he has been the trusted financial agent for Mr. Hutchins, but on ac count of his employer's health recently has been unable to have any consulta tions. Because of the great responsibility, Mr. Dante says. In managing such a vast fortune, he asks the Equity Court to "take jurisdiction of this matter and that your complainant be permitted to administer the trust under the direction and by the advice of the court." Mrs. Hutchins Income. Mr. Dante says many of the securities are in his own name, according to cus tom of His employer, and that he holds all as trustee under a deed of trust signed by Mr. Hutchins and his wife. He says by an agreement of March 7, provision for a stated income for Mrs. Hutchins is made, said to be about $12,000 a year. In the deed of trust, Mrs. Hutchins reserves the right to take this income under the will of her hus band, or elect instead to take her dower interest Mr. Dante also says he has never been required to give bond for the faithful custody of the estate. Mr. Hutchins, his wife, Walter Stllson Hutchins, Lee Hutchins, and Mildred Rogers, of Contoocook, N. H., a grand daughter of the aged millionaire, are made defendants in the suit It is stated, however, that the sons and Miss Rogers are merely nominal defendants, and are friendly to the proceedings in the equity court, opposing the lunacy proceedings. CO Federation of Citizens' Dele gate Insists on Govern ment Paying Half. ASSERTS TAXPAYERS WILL DEMAND VOTES Proposal of Monday Evening Club Provokes Vigorous Protest From WVMcK. Clayton. Rather than accept this method of eliminating alley slums, the Federa tion of Citizens' Associations would see the alleys stay as they are. "Furthermore, if the District Com missioners set themselves up in op position to the wishes of the taxpay ers of Washington, the time will come, sooner or later, and probably sooner, when the people of the Dis trict will demand and will get voice In the administration of their own affairs and in the spending of their own money." Pointing his finger dramatically at Commissioners Rudolph, Johnston, and Judson in the board room at the District Building today, William McK. Clayton hurled this declaration, with the statement that it represent ed the sentiment of the 5,000 taxpay ers behind the Federation of Citi zens' Associations, of which he is president To Assess Those Benefited. The occasion was the hearing on alley slum elimination, at which rep resentatives of the citlrr6-' fedra- ; tlon a-u tfoe Mon-Jay Evening Club appeared. Henry George, jr. Demo cratic member of the House District Committee, the single tax advocate, was an Interested spectator. Mr. Clay ton was accompanied by Edwin S. Clarkson. delegate of the Piney Branch Citizens' Association, and D. A. Edwards, delegate of the Lincoln Park Citizens' Association, to the fed eration. The proposal that roused Mr. Clay ton and brought forth his vigorous opposition and his prediction as to suffrage in the District was submit ted in behalf of the Monday Evening Club by Dr. Thomas Jesse Jones, chairman of the club's housing com mittee, and Frederick L. Siddons, counsel for the committee. Dr. Jones explained that there are now 267 alley slums in Washington containing 3,133 dwellings. He ad vocated their elimination by conver sion Into minor streets. Mr. Siddons cited the present law, which auth orizes the Commissioners to convert alley slums into minor streets and to assess the expense therefor as bene fits to the block containing the slum and to the four adjacent blocks. Ho said the Monday Evening Club requested the Commissioners to ap prove an amendment authorizing con. demnatlon Juries to spread the dam ages as benefits over a wider area the whole District if they found the whole District benefited. He said such a method would be in harmony with the present plan of assessing benefit ed property forthe expense of open ing, widening or extending streets. Special Tax Advocated. Mr. Clayton said he had understood the club would advocate a special tax levy on all property in the Dis trict for the creation of a fund to meet the expense of converting alley slums into minor streets, but that Mr. Siddons' proposal amounted to the same thing. "This means," declared Mr. Clayton, "that the Monday Evening Club asks that the whole expense of eliminating alley slums be borne by the District and none by the Federal Government Such a method would violate the or ganic act the District charter, its partnership agreement with the United States by which it was stipulated in 1878 that all expense for the govern ment and improvement of the National Capital be met on the half-and-half basis. This alley scheme may cost the taxpayers of the District $2,000,000 or $3,000,000, but they are asked to pay It all themselves. "We advocate an appropriation, say, of $250,000 the first year, on the half-and-half basis, for making these minor streets. If an exception is made In tha case of alleys. Congress will be quick to make exceptions in other cases, and the half-and-half principle will topple over. "And I want to say to you, Mr. Com missioners, that if the Government's contribution to the District is with drawn or seriously impaired, the tax payers will not submit to letting some body else spend their money. If they must bear the whole burden of mu nicipal government they will not be content to be denied voice in the ad ministration of their affairs and in the expenditure of the funds which they provide." . . . Commissioner Johnston suggested that the Monday Evening Club and the Fed eration of Citizens' Associations get to- ether and reconcile their differences efore appealing to Congress, but Mr. Clayton and Mr. Siddons both salj they believed compromise impossible. The Commissioners promised to take the club's recommendation under advise ment, and to consider both sides of the case. They probably .will not reach a decision for two or three week. WILLIAM McK. CLAYTON, Who Protests Saddling Upon District Cost of Alley Slums Conversion. PEACE IS ASSURED; Rebel Leader Announces Plan to Go to Mexico City Unguarded. El- PASO. Tex-, May 15. -l-ace In Mexico Is assured. I can safely say there is no more fighting In sight. The revolution has succeeded." Francisco I. Madero, provisional President of Mexico today made this announcement in explaining his pro posed trip to Mexico City to conclude the final armistice for lasting peace In the republic below the Rio Grande. He received from President Diaz a private telegram reassuring him that Diaz would resign between May 24 and June 1. 'Dr. Vasquez Gomez Is arranging for my trip to Mexico City within the next two days. I shall go unguarded. The first thing to be done in the capital will be the conclusion of peace arrangements. The present armistice ends Monday and by that time the truce will have been lengthened and final peace papers will have been signed In any event, the end of the fighting has come." Provisional Peace. The present peace is only provision al. The scene shifts to Mexico City, where, it is expected Madero and Diaz will quickly conclude arrange ments for endln gthe bloodshed. The rebellious family of Madero is already beginning to return In tri- (Contlnued on Second Page.) llAllESlCIO IN STREET ANO OIES Rushed to Hospital After matic Act, She Expires. Dra- Whlle a crowd of pedestrians looked on in amazement, an unidentified young woman placed a two-ounce phial of carbolic acid to her llpes at Eleventh and F streetfl northwest at l o'clock this afternoon and swallowed the con tents. She was hurried to the Emergency Hospital, where she died shortly after 1:30 o'clock. The affair caused the greatest ex citement among the hundreds of shop pers and office people who were on the street. The woman's actions had at tracted the attention of several per sons who were walking behind her dow n F street. Just as she reached the corner of Eleventh street, she took a bottle from her purse and put It to her mouth. With a scram she fell backwards. Luther W. Hawley, an assistant ex aminer in the Patent Office, caught her and helped to carry her into a store. A hurry call was sent for the Emer gency ambulance, but before It arrived Central Office Detective Vermillion, who was on the opposite side of the street when the woman swallowed the poison, stopped a police patrol and had her taken to the hospital. There was nothing that would give the slightest clue to the woman's identity. She appeared to be between twenty three and twenty-five years old. She is a large woman with blond hair. Justice's Automobile Smashed In Collision Hepalrs are being made today to the automobile of Justice Thomas H. Ander son, of the District, Supreme Court, which was damaged in a. collision with a carriage la charge pf Arthur Kellogg REVOLUTION WINS MADERO DECLARES Temperature At Noon Today All'Oyer Country Washington 9S& New York 73 Philadelphia 89 Baltimore 90 Richmond 89 Boston 68 Sweltering under a record-breaking sun, the entire Mississippi val ley country, the lake regions, and the Atlantic States today are in the grip of a hot spell that bids fair to eclipse 11 previous performances for this season of the year, both in point of temperatures and death tolls. Washington Is but one of the big cities in the East that is suffering today. The downtown temperature here at 1 o'clock was 99 degrees, according to Affleck's thermometer. In Philadelphia, four persons are dead and scores are prostrated. The high mark there at noon was 89, several degrees warmer than at the same time yesterday, and still going up. In Chicago, twelve persons have died and hundreds have been pros trated as a result of the hot spell that has lasted all week. In Cincinnati it was so hot today that the schools were dismissed and 35,000 children sent out to find cool spots, the mercury there mark ing 89 at noon, with a high percentage of humidity. One prostration was reported from Baltimore at 1 o'clock, but with, the thermometer at 90, and going up, city work on the streets was sus pended. In Richmond it was 89 at noon and still going up. It was 73 at noon in New York. West of the Mississippi valley country, snow was reported In the Yellowstone Park, with freezing weather In Nevada and Wyoming. This is causing atmospheric disturbances which are moving eastward, but not until they get to this port of the country is there any relief from the Intense heat which seems scheduled to last for three or four days more. All Records Broken For May Hot Weather In Washington Today All Washington weather reords for high temperature In May were passed today when at 12:30 o'clock the thermo graph In the kiosk In front of the Mun sey Building registered 99 degrees. The mercurial registration on the ther mometer at the same time registered a heat of 97 degrees. The big Affleck thermometer registered 97 degrees at half an hour after noon. At 1 o'clock It was at 99. The highest temperature for May pre vious to today was registered May 2, 1S77, when the mercury climbed to the 94 degree mark. This record of 94 de crees which was registered on noon of May 2 thirty-four years ago had not been surpassed in the history of the United States Weather Bureau records. The whole of Washington was en gulfed in the unpreedented heeat wave. At different spots In the city where the sun's rays beat down on uncovered sec tions where breezes are a rarity, pri vate thermometers reached the dizzy heights of anywhere from 99 to 103. Unusual Humidity. Added to the high temperature was an unusual humidity. The little instru ment which registers the humidity pointed to 46 degrees from 12 o'clock noon until far past 2 o'clock. But there was some slight hope held out for swel tering. Washington In the figures indi cated by the needle on the barometer In the kiosk in front of the Munsey Build ing. The barometer needle was at a high point, which indicates a radical change and sufficient rain within the -. (klrfv-olr hours to COOl Off the smoking asphalt .pavements Ana tne lnsirumcuio ... ... ..-...-. Bureau near the Rock Creek bridge which leads across into Georgetown bore out the indication of the downtown barometer. At the Weather Bureau the barometer registered about 46 and a slight fraction over that figure. Low barometric pressure throughout the North and Northwest, coupled with an excess of air pressure in the South, it was explained at the Weather Bu reau today, has caused a general flow of warm air from- southern countries far south of the United States line. Added to these conditions have been cloudless sklee over Washington. No Prostrations. No prostrations were reported to the Police Department or any of the hospitals up to 2 o'clock this after noon. This n doubt was due in great measure that there were few persons on the streets, none but those whose work compelled them moving about in the 6un. . Perspiring pedestrians who did brave the weather made it a point to get into the welcome shade of build ings and trees and the sunny sides of all streets were deserted. Policemen still in their heavy winter uniforms were the most forlorn looking of all those out in the weather. Horses suffered intensely and driv ers were unable to urge their animals into fast gaits. Asphalt streets fair ly steamed and were so soft that horses shoes and wagon tires cut Into them. ., . . Fortunately, there was a slight breeze nearly all the time and but for this it Is believed the list of pros tration would bavo been long. Pittsburg 90 Cleveland w.. 98 Detroit 96 Indianapolis 88 Chicago 85 St. Louis 89 Cincinnati School Children Dismissed ( On Account of Heat CINCINNATI. May 19. On account of the heat today, 35,000 school chil dren were dismissed at noon. Two persons were overcome. The temperature at 11 a. m. was SS degrees. Chicago Sweltering Under Hottest Weather Ever Recorded There CHICAGO, May 13. With twelve deaths and more than a hundred pros trations already reported from the heat ed spell, which started Monday, the weather bureau today gave hope for re lief. Rain and a drop in the tempera ture are promised for tonight. The history of the Chicago weather bureau do not contain a record of hot ter May. Beginning Monday the heat continued unabated today. the ther mometer'rlsing at times to 92 and 93. A number of heat prostrations have been reported today. Baltimoreans Seek Relief From Intense ' Heat; One Prostrated BALTIMORE, May 19. Continued high temperature today caused intense suf fering in Baltimore. At 6 o'clock thU morning the mercury stood ten degrees (Continued on Second Page.) IN CONGRESS TODAY SENATE. Senate District Committee has ordered a favorable report on the Sunday rest bill. Finance Committee continued Its reci procity hearings. No session of the Senate was held to day. Senate will meet Monday. HOUSE. The House passed resolutions directing the Secretary of War to report wheth er any firm enjoyed a monopoly l army tshoe contracts. Debate was resumed .on the Arizona New Mexico Statehood resolution. The, Committee on Naval Affairs heard' army and navy officers in support of the House bill creating a council of national defense. White House Callers. SENATORS. Lodge, Mass. Cullom, HI. if REPRESENTATIVES. : Underwood, Ala- Willis, Ohio. McCoy, N. J- OTHER CAXLERS.. Delegate Cameron, Ariz. Former Representative Lamar, Fla. B. R. Coles tfphalsterer. Ph. M. G&3, , ""Advt. j r" ,-w -. v-5..?V -''- -j-tfS l"- . jKuL-jiS j.-, ?t,.6t.A f no .j-.a'!'- ... CV " v- -. . sV "V