Newspaper Page Text
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Yesterday's Circulation, 53,444 WASHINGTON, TUESDAY EVENING, AUGUST 15, 1011.
PBICE ONE CENT.
MAY BE SOLVED BY
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Replies to Critics
In Strong Message to Congress He Rejects
Measure Because It Strikes at
VOTE TO BE TAKEN FRIDAY ON
MOTION TO OVERRULE HIM
Recall of the judiciary was given
a body blow when President Taft
today vetoed the bill admitting Ael
zona and New Mexico to Statehood
because the constitution of the for
mer Territory contained such a pro
vision. With strong language, stronger
even than that used in his Controller
bay message, Mr. Taft denounced the
system of government that would
"subject judges to momentary gusts cf
popular passion." He contended that
the judiciary was the bulwark of the
popular government and that to un
dermine this would be destructive
and prove a menace to American
Sent to the House.
The message was sent to tha House
of Representatives shortly after noon.
The Statehood bills originated In that
body. By agreement between tho Re
publicans and Democrats no vote will
be taken on a motion to overrule the
eto until Friday of this week.
The message was eagerly read by ev
ery member of the- House and Senate.
The original bill had passed with a suf
licient vote, if It holds together, to an
nul the veto. Therefore Senators and
Representatives looked the message
through for reasons which might oper
ate to change enoimh votes to save the
Preiidcnt the humiliation of. a tto an
nulment. Throughout tho message the President
makes it clear that he could not give
even tacit approval to a measure which
placed tho Judiciary of the country in
jeopardy. He could not consistently approve-
the Statehood bill een though
under It Arizona would have to vote
again before the recall could become a
$jart of that Teritory's fundamental law
Then the President advances his ar
gument why he could not wei-ken the
American Judiciary even m one State.
He denies that popular government Is
government by majority and for ma
jority. Ho says that It is government
by majority for the whole people.
Therefore the Judges should not be
placed at the mercy of majorities.
Full of Danger.
Answering the contention that the re
call will be rarely needed, Mr. Taft
'says: "It Is said that the recall will
be rarely used. If so, it will be rarely
needed. Then why adopt a system that
will be so full of danger?" The Presi
"If I sign this Joint resolution, I do
not see how I can escape responsibility
for the judicial recall of the Arizona
"This provision in its application to
county and State Judges, seems to me
so pernicious In its effect, so destruc
tive of independence in the Judiciary,
so likely to subject the rights of the
individual to the possible tvrannj of a
popular majority, and, therefore, to be
bo injurious to the cause of flee govern
ment that I must disapprove a consti
tution containing it. Of course, a mere
difference of opinion as to the wisdom
of details in a State constitution ought
not to lead me to 6et up my opinion
against that of the people of the Terri
tory. It is to be their government. But
when such a constitution contains
something so destructive of free govern
ment as the judicial recall, it should
"A popular government is not a
government of a majority, by a ma
jority, for a majority of the people
It Is a government of the whole
people, by a majority of the whole
people under such rules and checks
ns w III secure a wise, just, and ben
eficent government for all the people.
It Is said you can always trust the
people to do Justice If that means
. all the people and they all agree, you
can But ordinarily they do not all
agree, and the maxim Is Interpreted
to mean that you can always trust a
majority of the people. This Is not
invarlablv true: and every limitation
imposed by the people upon the power
(Continued on Third Page.)
pnnrrAST FOR THE DISTRICT.
Unsettled tonight and Wednesday. Lit
tle change In temperature.
U B. BUREAU.
8 a. m 77
9 a. m 81
10 a. m 86
11 a. m SS
12 noon SS
1 p. m 72
8 p. m 78
8 a. m so
9 a. m 83
10 a. m S9
11 a. m 92
12 noon 92
1 p. m 33
2 p. m
Today High tide, 11:41 a. m.: lowlde.
5:50 a. m. and 5:5S r. m.
Tomorrow High tide, 12:08 am. and
iz:2S p. m.; low tide. 6:4LC m. and
.u p. m.
Clause in Statehood Bill
Which Caused Veto
Under the Arizona constitution
all elective officers, and this in
cludes county and State judges,
six months after their election,
are subject to the recall.
This is initiated by a petition
signed by electors equal to 25
per cent of the total number of
votes cast for all the candidates
for the office nt the previous
Within fiTe days after the petition
is filed, the officer may resign.
Whether he does or not, an
election ensues in which his
name, if he does not resign, is
placed on the ballot with all
the other candidates.
The petitioners may print on the
official bnllot 200 words show
ing their reasons for recalling
the officer, and he Is permitted
to make defense in the same
place in 200 words. If the in
cumbent receives the highest
number of votes, he continues
in office; If not, he is removed
from office and Is succeeded by
the candidate who receives the
highest number of votes.
TAFT OFF TO SPEAK
TO METHODISTS AT
Third Trip in Ten Days, as
Congress Grinds in
President Taft left Washington at 12:30
o'clock today for Ocean Grove, N. J.,
to address the Methodist camp meeting
at that place. Hj will arrive at the
shore at C:20 o'clock tonight and will
speak at S o'clock.
It Is the President's present plan to
leave Ocean Grove about midnight and
reach Wubhington tomorrow morning
This is the President's third trip in
ten days. The first was to western
Maryland, where he addressed the Chau
tauqua at Mountain Lake Paik. Then
he went to Beverly lor three days, re
turning Monday morning.
The extra session of Congress, there
fore, does not bother Mr. Taft a great
deal. He manages to go and come just
about as he feels Inclined.
An invitation was accepted by the
President today to visit Frederick, Md.,
November 15 to attend the meeting of
the Associated Boards of Trade of that
State. This invitation was extended
some weeks ago, but Mr. Taft could
not then give the Marylandera a defi
Representative Martin of South Da
kota has just returned from his State,
and today talked to the President about
the political outlook. He said there was
no denjlng that the Republican party
in South Dakota was pretty badly split;
that La Follette had a following there,
and that reciprocity had created some
opposition In the party. In spite of all
this, the Representative believes the
President has a fighting chance to
carry the State.
Seth Bullock, of North Dakota, to
day asked the President to visit that
State. Bullock was one of Colonel
Roosevelt's fast friends and was United
States marshal under the former Presi
dent. Mr. Taft has replied that he will
go to North Dakota on the coming trlD
in September and will try to visit the
towns Mr. Bullock Is interested in.
President Taft did not make the con
sular nominations today, as was ex
pected There is a long list of changes
in this service pending with the Presi
dentand the State Department, and
' promotions win be the result,
a number of appointments will be
imfde from private life.
apt. Bradley A. Fiske. of the navy.
as promoted to be rear admiral, and
a number or lieutenant colonels were
nominated to be colonels.
Benefit Act Approved.-
Presldent Taft today approved the
act of Congress to define and classify
health, accident, and death benefit com
panies and associations doing business
In the District of Columbia.
Charges Taft's Controller
Bay Reply Is Being Used
as Campaign Matter.
ARE KEPT FROM HIM
Papers on Which President Based
Letter Not Available to
By THEODORE TILLER.
Declaring that President Taft's
message of defense In the Controller j
Bay matter has been given the widest
publicity, while the documents upon
which It was based have never been
furnished the House investigating
committee, Chairman Graham, of the
Committee on Expenditures in the
Interior Department, made a speech
today in answer to those Adminis
tration critics who have assailed the
committee because It halted its in
quiry until October.
Representative Graham arose on a
question of personal privilege, but
was given unanimous consent by the
Surprised the House.
The Illinois Representative, who took
a leading part in the Balllnger-Pinciot
Investigation, surprised the House when
he stated that he had information that
President Taft's message of defense
was being maled in large quantities by
Government clerks, and that It was
aho being distributed to rural news
papers In practically free plate mat
ter. Mr. Graham did not vouch for the
truth of these statements, but he de
clared that such Information had
"Never for one moment," said Chair
man Graham, "has the committee had
any Intention of abandoning this in
vestigation. It has no such intention
now. It intends to go on In an orderly
way and with proper dispatch and de
velop all the facts. Neither Is the
committee trying to assail any one. It
seeks only to find the truth and to
make it known to Congress and the
The Illinois Representative an
swered specifically the charges con
tained in an editorial In a Philadel
phia newspaper, based on the Hum
phrey resolution demanding the dis
charge of the committee, and provid
ing for a special committee to resume
the Controller Bay Inquiry.
During his speech Representative
Graham made the significant state
ment that although the President sev
eral weeks ago sent to the Senate a
message defending his course in re
storing to entry the lands on Con
troller Bay, it has been Impossible for
the House Investigating committee to
obtain the documents referred to In
the President's message. They have
not been printed for some reason, Mr.
Graham told the House today.
"The President has sent to the Senate
a lengthy statement of his side of the
matter," said Mr Graham, "which has
been published far and wide, and which
I am Informed, although I cannot vouch
for the truth of it, is being mailed to
the country in large quantities by Gov
ernment clerks, and is further circu
lated by means of practically free plate
matter to country newspapers. So the
President's denial will undoubtedly
reach every citizen who saw or heard
of the accusation, and probably will
reach many who never saw or heard of
Mr. Graham said that even the Sec
retary of the Interior admitted the
necessity of having all the documentary
evidence in the case In the hands of the
committee at an early date.
"The chairman of the committee has
tried repeatedly to get these printed
documents from the Printing Office."
"In this sort of an lnvcsUgation," said
Mr. Graham, "it Is In the interest of
truth to make haste slowly at the out
set." . Falls Into the Sea.
DOVER, England, Aug. 15. O. C.
Morrison, the aviator, was rescued
from the English channel two miles out
from Sandgatc. His monoplane plunged
inio the sea while he was attempting
an air passage to France. A boat
reached him Just as the machine was
Last Minute News Told in Brief
HIGH IN RIFLE SHOOT.
CAMP PERRY, Ohio, Aug. 15. In
the Wimbledon Cup match, which Capt
Guy Emerson, of Ohio, last year's win
ner, won by a 88 score, Lieut. Thomas
Brown, of Washington, landed'elghteenth
In the field of 246, scoring 94. Capt F.
W. Holt was twenty-first, with 94;
Lieut. Ralph Alderman thlrtlethj 93;
Lieut Thomas McAnally, forty-fifth, 92.
BLAST KILLS TWELVE.
KARS, Russia, Aug. 15. While
demonstrating a new rifled cannon,
designed to throw shells with a new
powerful explosive, here, the shell ex
ploded, tearing- the steel gun to pieces'
f .J 'ysaX- Mf llH
IHfe-?-'- '' SIKH
REPRESENTATIVE J. M. GRAHAM.
GIRL'S CELL ILLS
Love Tribute to Man Charg
ed With Murder Warns
By JAMES E. BREADY.
RICHMOND. Va.. Aug. 15.-The walla
of Beulah Uinford's cell bear mute but
positive evidence that "the other wo
man" in tho Boattle murder case has
lost none of her affection for Henry
CIjv Beattie. jr. Fcrly-fcur pictures
of Prattle ate pasted ov the walls
Xeatlr all aie alike, being newspaper re
prints of Beattie' a face Look whero
.ho will, save out the window, and at
the ciling the visage confronts her of
the man f'-r whom she said she would
willingly go to the clectile chair If
she orlv could.
Knowing that her love of Seattle still
burns the prosecution will handle h-r
pif-ttv caiefullv when she is on the
stand She could not, of course, volun
teer evidence, but care will be exer
clbCd to enter on no themes which
misht a fluid on cross-examination, the
astute H. M. Smith opportunity to start
a willing witness lit defense of the
Beulah Blnfortl enjoyed herself at
Chesterfield 'ounty court house, except
for the fw minutes when the heat
made her feel a little faint.
Like Having a Joy Ride.
The automobile ride was a real joy,"
said she this morning. -1 wish I were
coins: to ride out ard back every day
di'rintr the trial. 1 am sorry that I shall
be Kept locked up in Jail for another
three wesks or so. thoucli I have been
well treated while heie. It is rather
In striking sympathy with her protest
ucalnst the prison lrksomeness are two
novels which lay with other books on
the top of the bureau In her cell '-The
Open Window" and "Piisoners of
Henry Clay Beattie. jr., held a long
conversation this morning with his sis
ter. Miss Hazel Beattie, with Jailer
Garnett insisting on being present. But
by court order Mr. Garnett was forced
to fade away a little later when Harry
M. Smith went to the Jail with a detec
tive named Kidd, In employ of Mr.
Smith. The other day Mr. Smith wanted
to take Kldd Into the Jail to see Beattlo
and to talk about the defense, but Gar
nett would not let him do so unless he
himself were present. Mr. Smith
brought the matter up before Judge
Watson in court and a peremptory order
to Garnett was Issued.
Counsel for defense visibly enjoyed
himself this morning when he passed
Kldd In and jishered out Garnett.
and killing a dozen soldiers. The i
officer in command tried to kill him
self because of the accident.
Senator Penrose (Rep., Pa.) today in
troduced a concurrent 'resolution pro
posing that Congress adjourn at 2 p. m.
on August 24. Its introduction was the
first formal action taken in either
branch of Congress to bring the session
to and end.
MANDAMUS CASE DELAYED.
Another postponement, until Friday,
was taken In the District Supreme
Court before Justice Barnard in tht
Tourists Trapped When Mt.
SMOTHERED BY GAS,
Visitors to Japanese Resort Were
Near Summit, Others
TOKIO. Aug. 15. More than thirty
persons, half of whom are believed to
have been foreign tourists, were
probably burned to death on the
slopes of Mt Asama-Yahama,, usu
ally a passive volcano, about ninety
miles from this city, when It sud
denly burst into violent erupUon to
day. The volcano has been one of the
big pqints of Interest to visitors to
Japan's leading summer resort, Ka
ruizawa, and the tourists who are
believed to have lost their lives to
day were from that place.
There is a well-traveled road ex
tending from tho bottom and wind
ing along the sides of the mountain
almost to the crater.
Sudden Rain of Lava.
Parties of tourists were toiling up
this road when there came a sudden
rumbling, followed by a trrrlflc ex
plosion and hundreds of tons of molten
lava poured from the top of the moun
tain through the many Assures on the
All the parties lower down on the
mountain escaped. Abandoning their
effects, they fled in Jerror and were
soon out of harm's way. Two big
parties, however, were nearly at the
summit, and It Is believed they were
overwhelmed by the gaseous smoke and
their bodies incinerated in the molten
The Identity of the tourists has not
been learned, but It Is believed they
Admiral Togo Sees
Uncle Sam's Big Ships
NEW YORK, Aug. 15. More sightsee
ing was the program for Admiral Togo
i today He was first taken to the
Brooklyn Navy Yard and there given
i an opportunity to look over some of
Uncle Sam's biggest sea fighters. He
then was whisked back to Manhattan
over the Brooklyn bridge, In which he
displayed unusual Interest the night he
landed, and it was planned to take him
through the Hudson river tubes, and
show him other sights of the metrop
olis. Would Teach "Little
Mothers" Baby Care
Following the plan adopted In New
York, Health Officer Woodward today
suggested the establishment of schools
for "Utile mothers," where girls twelve
years old and upward may be taught
the care of babies.
The opening by George M. Oyster, jr.,
of seven milk stations where pure milk
may be obtained by the poor of the
city without cost. Is responsible for Dr.
Woodward's suggestion. It is his opin
ion that to establish a school for the
care of babies at each of these stations
with tho trained nurse In charge as
teacher, would result In a still greater
reduction in Infant mortality In tho
Killed by Accidental
Dicharge of a Gun
Accidentally discharging a gun while
pulling It out of a boat last night. Mor
gan !Ryon, an employe of the Navy
Yard, of 625 C street southeast, shot
and killed himself.
Ryon and a companion had been on
the Patuxent river to the home of Ryon's
father, J. W. Ryon, at Bowie, Md.
The charge en'ered the abdomen. His
companion summoned Dr. W. H. Gib
bons, but when the physician arrived
the young man was dead. Funeral ser
vices will be conducted at St. Thomas'
Church In Broom. Ryon was nineteen
jears old, and a machinist.
mandamus suit of tho Southwestern In
surance Company, of Oklahoma, against
Superintendent Ingham. District insur
ance officer, to compel issuance of a li
cense to the Oklahoma concern In Wash
ington. WOMAN SUES CAR LINE.
Five thousand dollars damages are
asked against the Washington Rail
way and Electric. Company by Annie
Lambden In a suit filed In the District
Supreme Court. She declares she was
thrown from a street car by its pre
mature starting January 9 at Seventh
and G streets northwest, receiving
injuries requiring' eight stitches la
I her scalp.
Solicitor's Persistent Suppression of Part
of Letter on Dr. Rusby Would
GIVES ADMINISTRATION A
SCAPEGOAT FOR "WAY OUT"
Developments Today in
Solicitor XcCabe, in Wlcy In
qulry, Is charged with snp
presslng highly important parts
of letters, so that his superiors
had an incomplete record on
which to act in deciding to
"fire" TYJIey and Rusby.
President Taft snld to lie Tery
angry otcr latest developments.
McCabe gives tho "lie direct"
while testifying today.
Dr. Wiley taken the stand, but
does not get his testimony un
der way. He will occupy the
Attorneys for Wiley launch into
the effort to prove that Secre
tary Wilson and Attorney Gen
eral Wickersham were misled
by a doctored record from the
McCabe personnel committee.
Dr. Wiley was called just u few
moments before the hearing
concluded. He was sworn, told
his name and something about
the length of his service in the
Bureau of Chemistry. His tes
timony will consume the ses
sion tomorrow and perhaps an
other day as well, and Is ex
pected to be highly sensntlonaL
Physicians Say He Will
Gather Strength When
ROME. Aug. 15. Pope Flus passed a
restless night becaoise of the pain In his
knee, which was recently operated on.
His physicians say he is no worse, and
If he can be relieved of the pain he will
quickly gather his strength.
The Pontiff today expressed the be
lief he would soon be able to resume
his regular routine.
Mgr. Falconio Says
Reports of Pontiff's
Health Are Baseless
That dispatches from Rome to the
effect that Pope Plus X is In dan
gerous condition are greatly exag
gerated, and to a large extent base
less, is the opinion of Mgr. Dlomede
Falconio, Papal delegate to the United
States. The delegate this morning
said he did not seriously consider tho
reports that His Holiness Is near
Through his secretary, Monslgnor
Falconio said: "The fact that neither
the Papal secretary of state nor any
other Vatican official has Informed
me that the condition of the Pope Is
perilous, Is positive proof to my mind
that the published reports are exag
gerated., "As yet I have received no official
communication from the Vatican
relative to Pope Plus' receding
strength. Should his condition be se
rious there Is no doubt but what I
would be notified.
"The silence on the part of the
officials respecting information to be
sent to the Vatican representatives
throughout the world Is Indicative
that the Pope Is in no Immediate dan
ger." Hitchcock Has Plan to
Save Nine Millions
In a report made by Postmaster Gen
eral Hitchcock to Speaker Clark today
regarding the actual cost of handling
mall. It was shown that some of the
roads are carrying the mail at a loss.
while others, particularly the larger
systems, are deriving huge revenues
from their contracts.
The Postmaster General recommends
rthe adoption of a basis of payment ac
cording to tne actual space occupieu Dy
the malls while en route. He says such
a readjustment would save the Govern
ment 19,000,000 annually.
By JUDS0N C. WELLIVER.
The suppression of a part of a let
ter relating to the appointment of
Dr. H. H. Rusby in the Bureau of
Chemistry, appears to have been the
very crux of the conspiracy to drive
Dr. Harvey W. Wiley out of the
The significance of this suppres
sion was developed before the Moss
investigating committee today.
When today's sitting of the com
mittee was concluded, It was freely
predicted that the Gordian knot had
been cut; that the "way out" of the
Wiley difficulty, which the Adminis
tration has been diligently seeking,
had been found.
Solicitor George P. McCabe, who
is charged with the persistent sup
pression of this very essential part
of the letter, is expected to be dis
missed from the service. McCabe
could, by this procedure, be made
the scapegoat for the whole affair.
In defense of Attorney General Wick
ersham and Secretary Wilson, it can be
urgrd that they never had an opportu
nity to know the whole facts, in the
case, because the. -suppressed portion
of the Bigelow-Rusby letter was abso
lutely essentia! ;o a full understanding
of it. With this essential part denied
to them, they can be held to have acted
fairly upon the record before them, and
Air. McCabe must then be held either
to have committed an error, which the
President might see tit to condone, or
to hae distorted and maltreated the
record and suppressed essential facts
from the knowledge of his superiors,
which would be difftcjlt to excuse.
In any case, at the close of today's
testimony the impression was strong
among persons who have been follow
ing the hearings' developments, that
Jtfr. McjPabe was left in a position In
whilgWiIl be possible for the Ad
ministration to unload the entire blame
on him, if it chooses so to do.
In this connection It was reported
that President Taft, having learned that
the suppressed portion of a letter was
of the utmost Importance, is highly In
dignant, and is disposed to center his
ire upon the man who shall be found
responsible for sending to the Secre
tary of Agriculture, to the Attorney
General, and to himself a mutilated
The Suppressed Parts.
The case is a curious one. On Janu
ary 31, last, when the question of fixing
compensation for Dr. Rusby was under
consideration, Dr. W. D. Bigelow, chief
of the division of foods, wrote Dr. Rus
by a letter suggesting a plan for ar
ranging the matter. The parts of this
letter which afterward were suppressed, (
and disappeared from the records on
which Secretary Wilson and Attorney
General Wickersham acted, and on
which the President was expected to
act, are set in capital letters:
"Washington. Jan. 31. 1911. Dr. H.
H. Rusby, Newark, N. J. Dear Dr.
Rusby: 1 HAVE BEEN LOOKING IN
TO THE QUESTION OF HAVING
YOUR APPOINTMENT CHANGED SO
AS TO TREAT YOU MORE FAIRLY-.
CONSIDERING ALL THE KINDS OF
WORK YOU DO AN APPOINTMENT
TO COVER THEM WITH REMUNER
ATION ON DIFFERENT BASIS FROM
EACH KIND OF WORK APPEARS
TO BE SO COMPLICATED THAT I
FEAR WE WOULD HAVE DIFFI
CULTY GETTING IT THROUGH.
THE REFEREE BOARD IS NOW
APPOINTED AT AN ANNUAL SAL-
(Contlnued on Ninth Page.)
IN CONGRESS TODAY
Foreign Relations Committee adopts re-
Eort giving reasons for modifying ar
Privileges and Elections Committee de
cides on subcommittee of five to in
vestigate Senator Stephenson.
Conference report on the wool bill will
be taken up today.
Resolution introduced for adjournment
Bill for regulation of Metropolitan
Coach Company favorably reported.
Senator Pomerene put on Privileges and
The House received a message from
the President vetoing the Arizona and
New Mexico Statehood bill.
Representative Graham defended the
course of the investigating committee
in the Controller Bay controversy.
The committee Investigating the Wiley
controversy continued its hearing.
White House Callers.
Townsend, Mich. Kern, Ind.
Goeke. Ohio. Moore, Pa.
Good, Iowa. Smith, Mich.
Pickett, Iowa. Martin, 8. Dak.
Campbell, Kan WltfciQQn, MIm.