The Washington times. [volume], September 15, 1911, LAST EDITION, Image 1

About The Washington times. [volume] (Washington [D.C.]) 1902-1939

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Last" Edition
Showers This Afternoon;
Warmer Tonight.
'
NUMBER 7207.
Yesterday's Circulation, 60,111
WASHINGTON, FRIDAY .EVENING, SEPTEMBER 15, 1911.
Twenty Pages
PRICE ONE CENT.
vrdM:-
WILEY WINS; FATE
OF CONSPIRATORS
HELD IN BALANCE
President Exonerates Pure Food Expert,
But Defers Judgment in Case of
Doctor's Foes.
COMPANY F
FEEBLE CLE
Food Expert Who Has Won His Fight
T
TO POSTOFFICE
IS
MRS. HUTCHINS
SUES TO OUST
TRUSTEE DANTE
t am t
HANDICAP
RANSFER SUIT
Declares Court Has No
Jurisdiction In The
Matter.
ASKS FOR DISMISSAL
OF PENDING ACTION
, Capital Traction Attorneys Claim
Law Of 1894 Does Not
Affect Charter.
Opposing the campalng for uni
versal transfers the Capital Traction
Company this afternoon in the Dis
trict Supreme Court moved to dis
miss the suit of the Baltimore and
Washington Transit Company for
interchange of transfers at Four
teenth street and Kennedy street
northwest.
Jurisdiction of the court to hear
the suit Is denied. The right of the
Justices to sit as traction commis
sioners is also denied.
This move by the traction com
pany was made by its attorneys, R.
Ross Perry & Sons, and G. Thomas
Dunlop. The motion is sworn to by
President George E. Hamilton. He
says it Is not made to delay the pro
ceedings. Avoids Formal Answer.
By moving to dismiss the petition
of the suburban company for trans
fer privileges the Capital Traction
Company avoids filing any formal
answer to the suit. Its motion goes
on the regular court calendar for
hearing In the October trm of court.
A complete exposition of its defence
to the suit is made, however. In ad
dition, to denying the Jurisdiction of
the court the traction company saya
Its charter, approved .Tune 23, 1888,
gives it a contract right to receive
fares at the rate of six tickets for
a quarter.
"This provision of law constitutes a
contract between the Capital Trac
tion Company and the United States.
Any attempt by Congress to lmpare
the obligation is a violation of the
Constitution."
Cannot Compel Transfers.
In this manner ths Capital Traction
Company declares the provision of the
old law, of 1S91, cannot Impose any ob
ligation to give transfers to passengers
of any other lines
It is also alleged by the traction com
pany that the old law of 1894 refers to
street car lines having actual physical
connections. The tracks of the Mary
land company at Fourteenth and Ken
nedy streets don't physically connect
with those of the Capital Traction Com
pany Referring to section 5 of the act of
1894, said to confer power upon the Su
preme Court of the District, the trac
tion company says in its motion "it
cannot be considered as an authoriza
tion to the justices of the court to ex
ercise power thereunder in the character
of commissioners or otherwise It at
tempts to impose a non-judicial func
tion upon the court."
Attacks Court's Jurisdiction.
Specifically attacking the Jurisdiction
Of the court the traction company says:
"The court has no Jurisdiction to en
ttrtain the petition unless by virtue of
Statutes cited, because, first, the act
constitutes t no recognized grounds for
general relief; second, because the peti
tion does not constitute a species of
relief recognized in a court of equity.
The act of 1S94 does not confer Juris
diction." The reference is then made to Con
gress' amendment to the charter of the
Metropolitan Railway of" 1893, provid
ing for tho receipt of 25 cents for six
tickets, and a penalty for refusal to sell
tickets at that rate.
Provision for Transfers.
"None of the acts," the motion of
tho traction company states, "contains
any provision authorizing free transfers
between the Baltimore and Wushington
TranMt Company and any other com
pany In the District."
The position of the traction company
Is that Congress has passed no law
requiring interchange of transfers be
tween any traction companies.
Declaring the Justices have no author
ity the Capital Traction Company saya
the law of 1894 authorizing the Metro
politan RAilroad Company to yhange its
motive power attempts to confer powers
not Judicial.
WEATHER REPORT
FORECAST FOR THE DISTRICT.
Showers this afternoon, cloudy and
wanner tonight and Saturday.
TEMPERATURES.
TJ. S. BUREAU.
8 a. m 5?
9 a. m 58
JO a. m 59
11 a. m 59
12 noon 62
1 p. m G6
2 p. m 67
AFFLECK'S.
8 a. m 61
9 a. m C3
30 a. m. ... 65
11 a. m 55
12 noon 7
1 p. rn 0)
2 p. ra 2
TIDE TABLE.
Today High tide, 12:31 a. m. and 12:59
p. m. Low tide. 7:21 a. m. and 7:10
p. m. ,
Tomorrow High tide. 1:30 a. m. and
2:01 p. m. Low tide, 8:26 a. m. and 8:23
p. m.
SUN TABLE.
Sun rises 5:3S.Sun sets 6:lt
Thirty In Washington Serv
ice Should Be Retired,
Says Robinson.
PENSION SYSTEM
IS STRONGLY URGED
Would Be Humanitarian And In
crease Speed Of Mails, Act
ing Postmaster Avers.
Emphasizing the statement of
Postmaster General Frank M. Hitch
cock that the expeditious handling
of the United States mr.lls demands
the pensioning of superannuated
postal employes. L. J. Robinson,
who, in the absence of N. A. Merritt,
Is acting as Postmaster, today de
clared that there are thirty men In
the Washington Postoffice alone
who should be retired.
"The Washington office, like all
the large offices of the country, is
encumbered by employes who no
longer are of service," said Mr. Rob
inson. "They clog the workings of
a machine that must of necessity
work rapidly. Expeditious handling
of the malls cannot be accomplished
when old men who are employed be
cause of humanitarian consideration,
are given the work to do.
Positions Are Made.
"We take care of the men who have
given the best years of their life to
the service of tho Government when
they are no longer able to stand,"
continued Mr. Robinson. "For in
stance, we place them In the basement
to exercise a restraining Influence
over the boys who carry special de
livery lotters. We place them at
doors to see that no unauthorized
people pass We make work for them
In places where such work is not
really required. We .do this because
to turn them out would be to drive
them to a pauper's grave. Oftentimes
when these men finally do go, no one
is put in to do the work they were
assigned to, so it Is apparent they
really are unnecessary to the service.
"After a time these superannuated
employes accumulate, and It becomes
Impossible to find work which they
can do.
"With a pension system it would be
possible to retire them and fill the
vacancies with new men who could
do milch more work. The Government
would be the winner by such a sys
tem." Mr Robinson sighted many Instances
where men had worked the best years
of their lives for $1,200 and $1,400 a year.
hen old age crept upon them and they
were no longer able to handle their reg
ular work with dispatch, they were put
to work looking up names In directories
or some other work requiring little
physical effort. When their minds
cea&ed to be active enough for that,
they were given a chair at some door
as watchmen with salaries of $700 or
5&00 a year.
Speed a Necessity.
"Of course there are many bills deal
ing with pensions of civil service em
ployes in Congress," said Mr. Robinson,
"and because they vary so widely In
their provisions. It is impossible to tell
Just how many would be affected. There
are at least a dozen aged men here who
would come under the provisions of any
pension measure that Congress might
enact and I could make up a list of
thirty that could be retired to advan
tage to the service.
"If there Is any branch of the Gov
ernment's business that reulres rapid
ity. It is the Postoffice Department. It
may be possible to care for the old
soldiers and soldiers' widows in the
pension office, by gqlvlng them em
ployment, but in the Postoffice De
partment, everything depends on
speed. The people of the country are
constantly demanding Improvements
and more rapidly In the handling of
the mall, and business demands it.
IS
DEATH FROM SHOT
Suffers Great Pain, And Is Partly
Paralyzed Assailant
To Hang.
KIEFF, Russia, Sept 15. The condi
tion of Premier P. A. Stolypin, shot by
Lawyer Bogrof at a gala performance
at the opera given in the Czar's honor,
is critical today.
After four hours sleep the premier
was slightly Improved. He dictated a
message to the Czar and ordered a re
assuring telegram sent to. his wife and
daughters.
The premier is so weak that hi phy
sician decided an operation would provo
Immediately fatal, and will delay a re
sort to the knife at least until the ar
rival of Dr. Zldler, an expert in- the
treatment of gunshot wounds, who has
been summoned from St. Petersburg.
Beyond the fact that he is safely
locked up, nothing: has been heard con
cerning Bogrof n since the moment that
the police rescued him from the at
tempt the audience made to lynch him
immediately following his attack on
the premier.
Whatever may be the outcome ot his
victim's Injuries. It Is safe to assume
that the lawyer wlU be banged.
ST0LYP1N
E
Charges Breach Of Trust In
Management Of Million
aire's Estate.
IS CLIMAX OF FIGHT
FOR BIG ALLOWANCE
Court Refuses To Hear Her Appli
cation For Thirty Thou
sand Yearly.
Summary removal for alleged
breach of trust of William J. Dante,
trustee of the $3,000,000 estate of
Stllson Hutchlns, was asked this
morning by Mrs. Rose Keeling
Hutchlns in an ouster suit filed In
the District Supreme Court A rule
was secured from Justice Gould re
quiring Dante to show cause next
Tuesday, September 19, why he
should not be ousted and trustees
appointed by the court In his place.
This sensational move of Mrs.
Hutchlns came as the climax this
morning in her fight for a monthly
allowar"o of $2,500 from her aged
husband s estate, as recommended
by Auditor Dent, of the District Su
preme Court
An offer to take $2,000a month as
a temporary compromise was made
and turned down. Attorneys Git
tings and Chamberlain then filed the
ouster suit against Dante and got
tho rule for his appearance Tues
day. Refuses a Hearing.
Tho flUrn? of the le.noval 9iil -ol-lowed
Justice Gould's refusal this morn
ing to hear Mrs. Hutchlns application
for a formal order glWng her $2,500 per
month. Justice Gould refused to hear
the case, declaring it was contested and
must go over under the rules during the
present vacation term.
Justice Gould advised Trustee Dante
to pay Immediate pressing bills of Mrs.
Hutchlns, but made no formal order.
An offer to take $2,00) per month tem
porarily then was made to the trustee
by Attornejs Glttings . Chamberlln.
holding a heated conference In the hall
of the courthouse.
'Not a cent more than $1,000 per
month," was the reply of Attorney
Brandenburg, counsel for Dante.
Attorney Chamberlln at once hurried
Into the clerk's office and filed the suit
to oust the trustee.
Gifts of $35,000 to Lee Hutchlns, a son
of the Washington millionaire, by Trus
tee Dante are charged In the suit. Fail
ure of the trustee to render an account
of his trusteeship and misstatements as
to debts of the estate also are charged.
The petlUon to oust Trustee Dante
- auj i. nco iTtitnhfn nn the "next
friend" of her husband. She also is
a plaintiff on her own behalf, the peti
tion being preparea oepiemuer , m "
TTntrhlns summer cottage at Narragan-
sett Pier, R. I. . , .
To remove uxusiee j-rame anu upumi.
other trustees; to enjoin his payment
of funds In his t-ossesslon except u
authorized by the ded of trust; to make
a fixed allowance for Mrs. Hutchlns
and to assume Jurisdiction of the en
tire Hutchlns estate is osked of tre
court in the petition.
Husband Brought In.
Justice Gould was asked after filing
rt tho suit to immediately make
temporary allowance for the Hutchlns
household. He declined to do this, but
issued the rule to show cause against
Trustee Dante.
By naming her husband as a plalnun
in the suit as his "next friend," Mrs.
Hutchlns has brought her husband
Into court ThU is said to cure the
defect of former proceedings, in
which no subpoena was served upon
the Washington millionaire.
In the petition, Mrs. Hutchlns de
clares she "has lost confidence in the
trustee and does not believe he is a
proper party to eb trustee." Referring
to specific charges of maladministra
tion against Trustee Dante, she says
she Is informed they " "constitute
grounds for the removal of the trus
tee and that said trust should be ad
ministered under the order of court
by trustees appointed by It" That
(Continued on Second Page.)
Last Minute News Told in Brief
KILLED IN WRECK.
ALBANY, N. T., Sept 15. In a wreck
on the New York Central one man was
killed. The crash occurred near this
city, tha crews of both trains being in
jured when an express train sldeswiped
a freight.
CANADA BANK ROBBED."
NEW WESTMINSTER. British Co
luknbla, Sept. 15. Three men robbed the
Bank of Montreal here of a large sum,
estimated at $250,000.' The robbers es
caped. RATE INCREASE HELD UP. l
Proposed Increases In freight rates by
the Burlington and the Chicago and
Great Western .railroads on traffic ba-
oen the Mississippi and Missouri
-
Evirate' "VfflmkS
v. ,ir v, 5a,v ' 1 - ''CsW TA
iT , & afSr Jk.
nj tjfggjjggfggffggfigjjj
DR. HARVEY
MACHINISTS NOT TO
MOVE HEAD OFFICES
i-rtua iht uAfrlAL
National Headquarters To
Stay Here Despite Efforts
Of Indianjans.
The national headanartcrs of tho In
ternational Association at Machinists,
for a number of year located in Wash
ington, is not to be n-moved. despite
eforts being made by members of that
organization in the Central States.
The assertion was made at headquar
ters today that efforts of Indiana ma
chinists to .ve the national officers
locate in yjorte. Ind . have been re
newed; but that the number of lodges
favoring this transfer is so small as to
cavse but little concern.
For some time machinists of the Cen
tral States have endeavored to have
headquarters removed from this city.
lWth the election of William H. John
ston, formerly of Rock Island, 111., as
president, the lodges of the Central
States believed he would throw his sup
port toward them. On reliable authority
it is stated that Mr. Johnston has no
intentions of favoring such a move. On
the contrary, it is said, he repeatedly
has stated that to secure the proper
legislation from Congress, it is neces
sary for the national officers to be lo
cated in Washington, where constant
contact with the legislators may be
had.
Game Postponed on Ac
count of Wet Grounds,
The opening game of the series
between the St Lonls and Wash
ington ball teams, scheduled for
todar, was late this afternoon
postponed because of irt
ground.
The team will play a double-header
tomorrow.
rivers, were suspended by the Inter
state Commerce Commission until De
Camber 30.
GENERAL BOGGS DEAD.
SALEM, N. C, Sept 15. Death re
moved another of the few remaining
generals of the Confederate army. Gen.
William R. Boggs, eighty-three years
old. The end came suddenly. Ho was
a native of Augusta, Ga., and a gradu
ate of West Point
GOVERNORS SELECT RICHMOND.
, SPRING XiAKE, .N. J., Sapt 15. The
house of governors selected Richmond,
Vs., as the scene of the next conference,
which -will, begin the 'first Tuesday in
December, -2S1J. "
-up right, American Ptms Association.
W. WILEY.
DENIAL BY GIWBELS
OFTHEIR NTENTION
TO LUb'nlt hEUE
Despite Statement, Rumor
Is Confirmed In The
Capiatl.
PHILADELPHIA. September -Unqualified
denial of the report that Gim
bel Brothers are to establish a depart
ment store in Washington was made to
day by Ellis GImbel. one of the direc
tors of the company.
Mr. Gimbel asserted that his company
had purchased no property in Washing
ton and had no Intention of going Into
business her.
Story Is Confirmed
Here That Gimbels
Will Erect Store
Confirmation of the report that a
large department sore is to be erected
on the western third of the square,
bounded by F. Twelfth, Thirteenth, and
G streets nrthwest, and that the store
Is to be built by Gimbel Brothers was
had today While denial is made by
ownres of some of the property said to
be involved, it Is admitted that negotia
tions have been started on pieces not
ulready inquired. All of the Thirteenth
street frontage, and a part of the F
and O street frontages have already
been acquired.
Ella C. McCarthy, proprietress of the
California Fruit Store, 1220 G street,
denied today that she had sold her
property. An offer had been made,
she -said, but it had been refused and
she had no intention of vacating her
property.
Tho price of the corner property at
G street is said to have been '110,000.
The prico of the inside property. K15.
and 1217 was JLO9,O0O. Well over $50
a square foot Is reported to be the
prica paid for the F street corner.
The tenant of the one-story store is
reported to havo received $7,500 to
vacate before the expiration of his
lease and another, whose lease runs
for only two years to have received
$6,000 and a year's rent.
HELD AS DYNAMITER.
CHICAGO, Sept 15. Otto Qulnte was
arrested by the police In connection with
the dynamltlngs that for three months
have been directed against the Edison
Commonwealth Electric Company of
Chicago. Qulnte, tho police say, has
been connected with the dynamiting,
and knows others who perpetrated
them.
STEAMER AGROUND.
A report has been received bjr the
Revenue Cutter Service that the British
steamer Kyleaktn, bound' from Phila
delphia to Vera Cruz and Tamplco, has
been stranded near Key West on Mar
quesas -Key. Wreckers are trying to
save the vessel.
EFFORT TO SMASH FOOD
LAW ENDS IN A FIZZLE
President Taft's Findings
REGARDING DR. WILEY: That he was Justified In all that he did,
and Ehould command the sympathy of everyone for his earnest ef
forts to maintain the pure food laws.
REGARDING DR. RUSBY: That he was not advised at all as to the
legal difficulty of his employment, and was only scheming for
additional compensation which he thought to be adequate, and 1
recommend his retention In office.
REGARDING ATTORNEY GENERAL WICKERSHAM: That he was
given only a part of the actual evidence on which to form his
opinion.
REGARDING DR. KEBLER: That he be reprimanded for "dlslngen
ous conduct" as shown by letters he wrote in connection with the
employment of Dr. Rusby.
REGARDING DR. BIGLOW: I find the use of disingenuous methods
in arranging for Dr. Rusby's employ, and direct that he be repri
manded. REGARDING THE CONSPIRATORS: "Th broader Issues raised by
the Investigation may require much more radical action than the
question I have here considered, and decided."
By JDDSON C. WELLIVER.
Dr. Harvey W. Wiley wins. The
pure food champion will remain at
his post President Taft today de
cided the famous case, and his ver
dict is sweeping and complete, not
only in favor of Dr. Wiley, but also
in favor of Dr. H. H. Rusby, expert
The McCabe-Dunlap conspiracy
against Wiley collapses at every
point Years of plotting, planning.
scheming and devious efforts to-
frame up a record on which Wiley
could be forced out of the Govern
ment service end in a cqmplete
fiasco.
More important by far than the
vindication of Wiley and the de
struction of the conspiracy against
him, is the salvation of the pure
food law.
Vague Threat Of Trouble.
Throughout the President's letter is
carried a strong suggestion portentous
nf doings that may later take place in
the Department of Agriculture. Cryptic
and vague, these Intimations seem to
suggest that somebody may lose his Job
when the final determination is reached.
Presumably, this means that Solicitor
McCabe and Associate Chemist Dunlop
are on the doubtful list But the Presi
dent leaves the matter so uncertain
that the event may easily leave these
gentlemen as firm as ever In their posi
tions. Written with a Janus-headed look in
both directions, the President's letter
leaves him free hereafter either to dis
miss and disgrace Messrs. McCabe and
Dunlop, or to sustain and vindicate
them. .
Beyond and underlying the effort to
undo Dr. Wiley, was the yet more sin
ister and menacing purpose to break
down the pure food law; to put its
administration Into the hands of its
enemies rather than its friends; to
make sure that it should be con
strued narrowly Instead of broadly;
that it should be made to give the
least possible embarrassment to- the
food fixers and the smallest measure
of protection to the public.
It is not yet possible to Judge con
clusively whether there will be a
Cabinet crisis as a result of the
action of President Taft In effect he
has rejected the administrative ad
vice of Secretary Wilson, and the legal
WILEY GLAD WHEN
TIMES TELLS
Hints He Will Keep Right On En
forcing Pure Food
Law.
Doctor Wiley received his first no
tlflcatlon of President Taffa decision
when The Washington Times called
him an the long-distance telephon'e -at
his farm at Biuemont, Va., this mora
lag
"That's fine; of course I am. glad to
hear if he said.
"Have you any statement you want
to make for the public?" he was ask
ed "No; without more detailed infor
mation of what the President has
written, it' would be impossible for
me to say more than that I am very
much pleased and gratified."
"But anyhow," was suggested, "the
food law -will be administered by you,
and with a pretty definite understanding-
that the people expect it to be
administered up to the handle."
"The people have acted as if they
liked this law, haVen't theyT" retort
ed the doetor, quizzically. Then the
connection was broken.
1
counsel of Attorney General Wicker
sham Both these members of the
Cabinet had given the full weight of
their influence to the anti-Wiley cabaL
Secretary Wilson not only cast his In
fluence for years in the scale against
Dr. Wiley, but. when the time seemed
at last propitious for destroying Dr.
Wiley, indorsed the recommendation
that he be "permitted to resign," that
Rusby be removed, and that Dr. KeWer
should go.
The Attorney General did more. He
had befor hin an opinion by ? cslstant
j. mat the Kenwen Lniri In chemical "Up
. peals as illegal, and another by So
licitor Jiccabe. or the Agricultural. De
partment, that it was legal. He sus
tained the McCabe and rejected the
Fowler opinion.
After that when the legal questions
concerning the employment of Dr.
Rusby were submitted to him, the
Attorney General held that the law had
been violated, and declared that "con
dign punishment" should be visited
upon Wiley.
Acute for Wickersham.
The Issue between the President and
his Attorney General Is made particu
larly acute. In his decision, which is
in the form of a letter to Secretary
Wilson, the President declares that Dr.
Wiley was Justified in all he did in con
nection with employment of Dr. Rusby
as an expert chemist; that Dr. Wiley
was not a party to the correspondence
in the matter, and that in any event
Dr. Wiley acted in accordance with
numerous precedents.
Finally, the President gratuitously
observes as If he were willing to rub it
Into the people who so long and bitterly
fought the chief chemist that Dr. Wiley
cannot but command the sympathy of
everyone for his earnest efforts to main
tain tue pure food law.
It may be a day or two before the
possible political results of the Presi
dent's decision will be clear. Secretary
Wilson is in the West on his vacation;
Attorney General Wickersham Is- at his
Long Island summer home; Solicitor
McCabe Is in Utah, where he maintains
his political residence.
Dr. Wiley is spending a fortnight at
his farm at Biuemont, Va., getting in
his crops and not permitting political
cares to disturb him.
Here are the people whose tenure of
positions in the Government becomes
exceedingly dubious by reason of the
President's decision:
James Wih-on. , Secretary of Agricul
ture for almost fifteen years.
George W. Wickersham, Attorney
General.
George V. McCabe, solicitor of the
Department of Agriculture, chief of the
anti-Wiley cabal.
Dr. L. F. Dunlap, associate chemist
amd persistent enemy of his chief. Dr.
Wiley.
C. C. Clark, chief clerk of the De
partment of Agriculture and member
of the committee on personnel.
Assistant Secretary Wlllet M. H&yt
is chairman of the committee on per
sonnel, but his Indisposition to sympa
thize and co-operate with the plans and
purposes of the antl-Wiley conspirator.
brought him Into the bad graces of So
licitor McCabe, and there is every rea
son for the belief that his persistent
friendliness for Dr. Wiley throughout
the long period of the effort to oust the
latter, will stand him in excellent stead
now. There has even been Intimation
that Dr. Hays might be found at the
head of the department before pie end
of the Taft Administration.
To Strengthen Law.
No matter what political results may
come, one thing Is assured. The pure
food and drug act will hereafter be ad
ministered by Dr. Wiley with a firmer
hand and more confident assurance of
his position than ever before. He has
been vindicated in a manner that few
gubllc servants hav,e ever been able to
oast
The whole country has risen as one
man In demand that no harm should
come to Dr. Wiley, that the conspiracy
.against "him should be foiled, and that
the pure food act be left in bis cnarge.
Almost from the day that the food
law passed, Dr. Wiley's power as the
nominal chief of its administration has
been steadily pruned down until
latterly It has been but a shadow, a
mockery. The real power has been
wielded by Solicitor McCabe, working
In close conjunction with Associate
Chemist Dunlap, who has been his ever
ready aide In the management of the
elaborate program for the undoing of
wiley
Dr. Wiley made his policy perfectly
clear In his testimony recently before
the moss committee of the House of
Representatives, which was Investigat
ing the Wllev affair. "It has always
been Jny policy," he said, to give the
(Continued ob Secoaa PajeJ
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