&mmmmm mobning journal
Hyde's Counsel Tells Hughes
investigation Is Illegal.
WILLING TO LET JAMES APPEAR
AS A FAVOR TO THE POPULACE
But Must Be Along to See That
Unfortunate Young Millionaire
Does Not Get the
Worst of It.
New York, Oct. 3,. Samuel Unter
meyer, counsel for James II. Hyde, to
day $ave uut for publication a lettei
addressed by him to Charles ,.
Hughes of the insurance Investlg-atin.;
committee. In which he says:
"Referring to your request that Mr.
Hyde voluntarily appear us á witnes
before the Joint committee appointe ,
by the defunct legislature of 1905 1
Investigate the affairs of life Insui
once companies, I hive advised Mjr.
Hyde that your committee Is wllhoiit
power or Jurisdiction to make the iji
vestigatlon in which you are engaged.
"My opinion is based on the proaio
'jiltion that the assembly at least $a
no power to direct an Investigation.
(1) to be held after its adjournmeii:
and (2) for the express purpose of ka
porting to a future legislature not je:
eiectea ana wnicn can nave no e
istence until 1906.
"Either house may Investigate whe
In session, either directly or througl
n. committee of its number, for tin
purpose of Informing Itself as to the
pending or contemplated legislation
by It, and for that purpose only.
"We appreciate, however, that tin
pending inquiry, though unauthorized
and Irregular, will prove wholesome
and In the public Interest and that II
continued on the same lines much o'
the responsibility for existing condi
tions, which has been most unjustly
placed upon Mr. Hyde, will be fixed
where It properly belongs.
"The bulk of the Bubject matter of
the inquiry, so far as concerns tho
Equitable society, relates to practise;
and conditions that ante-dated by
many years his active connection will
the society, of which he has n;
knowledge and which seem to hav
been continued under the administra
tion with which he subsequently be
"Mr. Hvde instructs me to sy thai
hels willing to assist the inquiry by
voluntarily' appearing as a witness anr
In any other way that may he fount?
desirable, provided his rights ant!
those of his father; estate can be rea
"Unlike the other Insurance enmpa
nies now under Investigation the af
fairs of the Equitable have airead?
been exploited as the result of Intern
nl dissensions between the officers. Mr
Hyde has, as you know, been exam
ined at great length In a secret pro
coedlng by -a hostile superintendent o
"In that Investigation Mr. Hyde wa
refused the right to the presence o
counsel at the hearing, although th'
superintendent had counsel to conduc
'star chamber' proceedings.
"As tho result of this performanc
and of statements made before yow
committee, which have not yet beer
submitted to the tests of cross-exim
(nation, Mr. Hyde has ben grossly
misrepresented and Injured In th'
public esteem for his supposed con
nettion with the transactions foi
which ho Is not responsible except foi
having trusted to older and more ex
íerlonced men. He is not willing t
repeat that experience now. in anoth
er form before your committee.
"He Is prepared to waive all lega
objections to appearing and to t'
your committee fully and frankl
everything he knows except as to mat
ters that are embraced In pending lit
igation, on condition that yur com
mittee will in common fairmiss accord
him the right of being represented
advised ti"d re-examined by counsel.
Hyde riles Demurrer,
Albany, Oct. 3. Attorney enera!
Mayer today received a copy of a de
murrer (lied by James H. Hyde for
mer vice pr-sident of the Kquitahli
Life Assurance society, to the blanket
suit brought by the state against tht
old directors of the company to com
pel the restitution of moneys allege!
to have been wrongfully converted, by
Mr. Hyde declares that scarcely any
of the allegations contained In th'
complaint state facts sufficient to con
stitute a cause of action. He hold.'
further that the causes of action art
Improperly formed. Even if the de
murrer Is not sustained, consideration
of It and of possible appeals would
dlay the trial of the main action un
til next spring or summer.
on devil's island
JKKEXCH C1IKF HI X. D,pVX IX
XKW YOKK AS A
Ml KDK.KKK. .
New rork, Oct. 3. Eugene Rich
ards, a French chef, today was arrest
ed on the charge of being an escaped
prloner from Devil's island, once the
prlKon of Drevfus. He Is said to hav
killed a woman and thrown the body
In the Seine.
He denied the charge, but wa
locked up and the French consul no
Sir Tilomas Llpton Hettcr,
Dondon, Oct. 3. Sir Thomas Up
ton has entirely recovered from the ef
fects of the Injuries he sustained by
being thrown from his horse at the
klntr's review of the Scottish Volun
teer on September 18th.
Deny Pliu-MoiicnU DtH'l.
Madrid, Oct. 3. Dispatches. ffoAT
Parreion deny the report that a duel
was fought there by General Lopes:
Dlas and General Menentx. In which
' the for flu r w is said to have been
York Life's License
Revoked in Nevada.
MAY NOT DO BUSINESS
UNTIL BOODLERS AEE FIRED
Meanwhile Policji.olders in New York
Ask Permission to Briny; Personal
Action Against McCall
Carson, Xev Oct. I. Today Stale
Controller und Insurant-? Commission
er H. P. Dtnls revol cd the license of
the New York I lie Insurance Co. in
tills state. The following telegram was
forwarded to the Xew York home of-
Ure by the controller:
"John McCall 1'ciHllng the investi
gation of corrupt management mid
trniHltileiit tlisM)sHls of funds entrust
ed to your company mid so long us
yourself and George Perkins retain
offices of trust in the iiuinagciiicnt of
the Xew York Life Insurance Co., tho
license of the company to do busi
ness In the M::tc of Xcvadu Is hereby
revoked. I'pon nclvlec of n change
of management and satisfactory proof
if honest management the license wll)
PA notice has been forwarded
throughout the state warning all
agents of the fact of the order and
jiving the agents two weeks to clear
the records. V
POLICYHOMF,KS DKMANI) HIGH!'
I'O ICXTEK St IT AGAINST M'CAM.
Albany, N. Y., Oct. 3. Attorney
General Mayer tonight received the
letter from William Hepburn Kussoll
isklng permission In behalf of policy
holders to sue the officers of the New
Vork Life Insurance company for the
restitution of moneys contributed to
campaign funds. Hussell sayy
"We aro convinced that the only
way In which the very grave public
luestion Involved in this matter can
ver be satisfactorily disposed of is
through an action In the rlRht of pol
icyholders brought in behalf of tho
Vew York Life Insurance company to
rompel Its delinquent officers and di
rectors to account for the misuse of
ihe corporate funds in their hands."
"We do not always believe that an
iction taken by the attorney general
an reach the specific evil and there
"ore ask you to consent to the Insti
utlon of suit by us on behalf of the
policyholders as may Join with us."
"The Xew York Life Insurance
ompany. In Its corporate capacity,
nay be named as the party defendant
f we substitute our action as an ac
ión in equity, but in' that event it will
oe only a nominal defendant, as the
policyholders will sue on Its behalf
ind solely for the purpose of compell
ing the return to its treasury of funds
which have been wrongfully diverted
.herefrom. In this connection we ex
pect to show that relief through cor
porate action is Impossible, because
the board of trustees are 'all tarred
with the same stick," so far as the mis
ipplleation of the corporate funds Is
oncerned and action by tho policy
holders collectively Is practically im
possible of attainment. The only relief
'herefore, is through application to
Ilesiilts Are Coining.
Hlnghumpton, N. T., Oct. 3. As
semblyman John T. Hogers, of the In
surant e Investigating committee, to
lay said: "The coming week will be
in Interesting one, as in my opinion
It will develop the true cause of the
'usurante scandal, which Is the fact
that tho' large insurance companies
hive been paying a great deal more
money for new business than It I
worth. The development will go
i long way to solve the problem. It
s the purpose of the committee to
investigate every company In the state
ind close the hearing by January 1."
Kosonfeltl to the Wall.
Chicago, Oct. 3. A new upheaval
occurred today over the affairs of the
Western Life Insurance Indemnity Co.,
when the assets of E. I. Hosenfeld,
general manager of the Western Life,
were ordered placed In the hands of
.1 receiver. The action was taken In
he federal court by federal Judge
Hethea, who named us receiver Edwin
J. Day. Kosenfeld was charged In
'he .bill filed in court yesterday with
being a trafficker In and a wrecker of
Itfe Insurance companies for his own
personal profit and with "utter dlsre
iard for the rights of the policy
Monk Gibson stilt nt Liberty.
Edna. Texas, Oct. 3. There is little
new in the situation regarding the
haso after the negrp Monk Gibson,
charged with the murder of five of the
Condltt family. There are still 700
men In the bottoms who have been
searching for miles with no trace of
tho a'gro. Four companies of mlll
lla are encamped here.
SKVKX IIMCKI TIIOINAXI)
ACHES WITIIDItAWX FltOM KX
TKY FOU fMJVKKX.MF.XT CSB.
Washington, Oct. 3. The commis
sioner of the general land office ha
ordered the withdrawal from entry in
Arizona of about 700,000 acres of land
to be set aside as forest reserves. The
land lies In the southeastern corner
of the territory, and It w ill be 'divided
Into several new reserves, to be called
respectively the Hincón Sunt- Tere
sa, the Galiusos, Whltstotie and Dra
goons. There are also additions to the
established reserva'tlmis ,,f Santa Oal
ilina and Santa Hita.
MAY MEAIS THAT
Indication of Settlement of
UMVE8SU SUFflAOE NEtt
IN SOKE MODIFIED TOIM
Vienna, Oct. 3. According to Hun
gary reports the reappointment of the
Fe Jervary cabinet, empowered fo carry
out elections In Hungary on the basis
of a modified universal suffrage, Is the
outcome of the prolonged ludiente
which the klng-cmperor granted to
Premier Fejervary and his colleagues
today. The premier was with his ma
jesty four and a half hours, the time
being occupied by Minister of Interior
Krlstoffy's explanation of his suffrage
proposal. Nothing Is officially known
however. It U reported that M. Krls
toffy succeeded In favorably Impress
ing the klng-omperor, who withdrew
nn opposition to the proposition of j
manhood suffrage, but insisted on cer-i
tain measures being taken, remarkingl
mai n was a ' question of nationali
ties." Fresh Itlols in Itriienne.
Hruenne; Austria, Oct. 3. Fresh
disturbantes between the (Jermans
and Czechs broke out hero this even- I
ing. The Czechs marched through j
me streets wrecking stores and Insult
ing Germans. Almost the whole gar
rison had to be called out to restore
order, the rioters having continued the
disturbances in the suburbs after be
ing driven from the city. Many per
sons were Injured, and some of the
windows In the Jewish synagogue
Strong patrols have been placed at
Ihe prominent Oermiin buildings for
their protection during the night.
Coalitionists Decline the Tnsk.
Budapest. Oct. 3. A resolution en
dorsing the coalition leaders after
their audience with the king-emperor
at Vb'ima, September 23. has been ap
proved by the committee of coalition
ist members of the Hungary parlia
ment, and will be submited to the plen
ary conference of all the opposition
parties. The resolution declares tin:
coalitionists cannot undertake to form
a cabinet on the conditions laid down
by the crown and protest emphatically
against a revision of the settlement of
1 867. being made dependent on the
Austrian view and Hgalnst doubt be
ing cast on Hungary's economic In
dependence. The resolution deprecates
the constant reorganization of parlia
ment and demands the king-emperor's
memorandum on the subject should
he discussed In parliament so that it
may be ascertained who Is responsi
ble for the dissolution.
in new orleans
YKMiOW FKVKH SHOWS UAPII)
New Orleans, Oct. 3.---The yellow
fever report to 6 p; m.:
New cases, 30.
Total to date, 3,072.
New fori, 5.
Under treatment, 210.
Thp Pensnt'olu IteHirl.
Pensacola. Fla Oct. 3. The offi
cial summary of the fever situation
today is as follows:
New cases, 9.
Total to date, 175.
Cases 'discharged. 63.
I'nder treatment, 82.
WT' -mrii jlfPW3r
' - 'Y
NEW MEXICO, WEDNESDAY, OCTOBER i, 1905.
GOMEZ WANTS NO
Leader Says He
Does Not Need It.
HAS NO INTENTION OF , -VISITING
New York. Oct. ,1. Ocneral Jose
Miguel (iomt'x, governor of Santa
Clara province. Cuba, who recently re
signed tts a Liberal candidate fur the
presidency or Cuba in opposition to
President Palma, arrived here today
on the steamer Monterey. He will re
main in this country about two weeks.
To the Associated Press General Go
"This Is not my first visit to the
I'tilletl States. I was here In ÍS'IS
with the commission from t lie Cuban
government to arrange matters. My
object now Is lo get n rest. I do not
know what cities I shall visit. I have
no plans." '
, Asked If he should visit Washington
or call on President Koosevelt, Gener
al Gomez said:
"I tlo not know if I will visit Wash
ington, but I do not expect to visit
When Informed of the report that
he came on a mission to ask Ameilcnn
intervention in Cuban politics, he re
plied with an emphatic "No."
aoVKKNOK OF XKIlltAKKA SENDS
PAP1.KS M AX OI I ICI.K
TO IHTI K,
Lincoln, Neb., Oct. 3. Governor
Mickey this evening Issued u requisi
tion on the governor of Montana for
the return of pat Crowe, under Hrrest
at Itutte. The charge on which the
requisition was Issued was the shoot
ing and wounding of un Omaha po
liceman. The tapera were placed In the hands
of City Detective Heitseld, of Omaha,
who will leave for Iiutte early tomor
Edward A. Cudahy Mated today III it
ho was as anxious as ever to prose
cute Crowe on tht; chaise of kidnap
ing bis son.
Hutte, Monti, Oct. 3. Tho prisoner
here was positively identified today as
Pat Crowe. Chief Donohue will leave
Omaha tonight with requisition pa
pers for him. The prisoner says he Is
Crowe and expresses a desire to go
hack to Omaha and clear himself, be
lieving there Is no law under which
he can be prosecuted.
TEX IMULXK XOTi: OF ln SF
KIK.S Hit. Will i) AS AMOXfi
THK til 'KICK.
Washington. Oct. 3.-Chief Wllkle.
of the I'ni'ed States secret service has
announced tho discovery of a new
counterfeit ton dollar Colled States
"ItufTalo" hole. It Is of the series of
1901, letter II, Lyons register, Hubert
The counterfeit Is fully three-eighths
of an Inch longer than the genuine.
The numbering and dcuomlnatlonal
"X" are darker than Ihe genuino. The
sesl Is a trille darker than the genuine,
The back of the note Is printed In a
very dark green.
ltb'liard Clarkson Peutl.
Des Motoies, la., Oct. 3. Klehard
Clarkson, pension agent for Iowa and
Nebraska, and thirty years manager
of the Iowa ytule Iti-glrter, died today.
TO DRAW BLOOD
FATALWRECK OÑ SANTA EE'S
LINE TO TIIEGRAND CANYON
One Man Kill-.d Four Missing and Twenty Injured
When Cinder Train Piles Up Twelve Miles From
Williams Enginemen Have Miraculous Escape.
Special to the Morning Jouriul.w ' '
Williams. Ariz., Oct. 3. As the re
sult of it wreck on the Grand Canyon
branch of the Simla !, twelve miles
from hero at noon today, one man Is
ih't'l, four are missing mid believed
to be dead under the wreckage anil
twenty men are more or less seriously
ll of the dead and Injured are Ja,ia-ue-e
rettiim men uho had been at
work on tin- railroad to the rim and
who were Ic ing brought Into Wil
liams. The injured are being cared for
here and the wret kage Is being rap
idly cleared. In a, search for the bodies
of the missing men. A shoo fly Is be
ing built around the wreck iuqi trafile
will probably be resumed In that way
tomorrow morning. The wreck 0os
one of the most serious In ihe history
of the Santa Fe In this division. The
engine crews hail a miraculous escape
The wreck occurred at 12:15 o'clock
at mile post No. 13. A train of loaded
cinder cars, backing north In charge
of Conductor I.. A. Fuller and Drake
men Kdwaids and I.a Prade was made
up with caboose on the head end
followed by an engine and two water
ears, fhon another engine and about
tnenly-flve loaded cinder cars. Kngl
neer K. Stotkton and Fireman fl.
Harding were on the first engine,
while Knginecr A. H. Dingo and Fire
man F. 1!. Douglas were on the sec
ond. The caboose and one of Ihe engines
had safely crossed u broken rail
throwing the rail across the tint k.
The rail caught the second engine
throwing It crosswise of the track
Bight of the loaded t inder cars piled
up In a heap on the engine, , t tie
weight of a great I.edgerwood unload
ing plow, which was on one of the
rear cars, serving to crnm the wreck
CHARGES STATEMENT OF
NEW YORK BANKS IS FARCE
New York. Oct. 3. Charges that the
statement of the condition of New
York banks as Issued weekly his be
come a farce and that the action of
trust companies in I extending inri;'1
credits without maintaining adequate
cash reserves constitutes n greit dan
ger, were made before the Clearing
House Association today by the presi
dent of the Corn ICxchange bink, Wil
liam A. Nash. The Corn Exchange
bank Is one tif the most Important
financial Institutions of the city, hav
ing average deposits of about $10,-
BOERS BEHIND REVOLT IN
DARK SOUTHWEST AFRICA
Ifeilln, Oct. 3. Andrew Dewct.
nephew of the famous Hoer Christian
Dewet, has been arrested at his resi
dente !n a suburb of Windhoek. Ger
mán Southwest Africa, with four oth
er Hoers accused of plotting the over
throw of German rule In 8otnhws!
Africa to create a Hoer republic. This
news, purporting to come from an ex
cellent authority was distributed lo the
German preNS hy Ihe Hanseatio press
bureau and Is accepted as true by
le. tiling Herlin Journals.
From the New York Herald.
age together as It piled up on top pi
On the first tkf Ihe wrecked cinder
cars were about thirty Japanese, sec
tion hands, most of w hom were Injur
ed. One man was killed outright and
there are said to lie four men under
the wreckage. In all t wenty-tw o men
were Injured. All were brought te
Will.tms. It Is not believed there will
be any fatalities among the men now
being cared for here.
Not one of the train crew or engine
men were Injured, all of them having
apparently miraculous escapes, one
of the crew walked to Prado and wir
ed notice of the wreck and a special
train was sent out from here at once
NEAR TO DEATH
l OHMI i: KANSAS C(;KFSSM.X
NOW DYING IX A WICHITA
Wichita. Kits., Oct. X K.-Ciiiirc.
man .lorry Simpson, who was brought
here yesterday from Koswell. X. M.
and placetl In Ihe St. , Francis Hospi
tal, Is hi n critical iniiilition it ml Is not
eK-ctcd lt live through lite night.
.IKfiOMK XOMIXATKD 15 Y t
Hll'lt THOCSAXD YOTKKS
New York, Oct. 3. District At-
t irney Jerome was today noml-
nated for the office of district
attorney of New York by the Ml-
Ing of a petition bearing 4.0U0
Mr. Nash denounced the exlstln
slate of affairs by which trust com
panics, operating outside of the clear
ing house, and riot subject to Its rule
are not obliged to maintain the cash
reserve of one-fourth of the sum of
their deposits, which reserve Is requir
ed of national banks by the federal
law and of other clearing house banks
by the rules of that Insiltptlon. Mr.
Na.h urged that measures be i iken tt
bring the trust companies under the
rcijulatloriH of the clearing house.
Andrew Dewet, who is a merchant
of Windhoek. Is described as having
arranged with the rebel natives to
make common cause with them. Ahoul
Ifi.ono liners are said to be In German
Southwest Africa, one quarter of
whom are organized. Considerable
quantifier of arms were related t De
wet's home. Although the arrests oc
curred August 23, nothing was report
ed hy cable to the newspapers, doubt
less on account of the censorship.
Andrew Dewet .married a daughter
of a Prussian army officer.
By rrrT, m- n Month poire e rcNTC
My Mail, $5.00 a Y cut iAIV 9 VCÍ1I3
If Chinese Antagonism Is
To Be Allayed. '
PRESIDENT'S CIRCULAR HAS
FAILED TO TAKE EFFECT
Matter Thoroughly Discussed at First
Cabinet Meeting To Be Bcld Fol
lowing Summer Vacation
of the Government.
Washington, Oct. 3. The most In
teresting subjects discussed at the cab
inet meeting today were, first, the Chi
nese boycott against American goods,
and, second, the consideration of com
plaints made by the Chinese against
the method of execution of the exist
Ing Chinese exclusion law. The lm.
portant fact developed was 'that tha
president's efforts last summer to al
lay the Indignation of the Chinese by a,
circular of instructions, to the Ameri
can minister to China and consular
officers therein, had in a measure
failed of its purpose and required a
considerable amendment to secure tha
object sought. Minister Kockhill him
self reported that It had not been
found Impossible to curry out In fullthe
ins: ructions contained in the circular
without doing great injustice to wor
thy Chinese and Imposing burdens too
heavy to be borne upon the American
Ilelng freshly back from the Orient,
Secretary' Taft took a prominent part
In the tlUcusslon of this matter when
It was broached by Secretary Root and
presented some of the results of hla
ohycrvatlons) on hla recent trip. It
developed that the requirement that
American consuls Identify the Chinese
seeking certificates admitting them to
American porta imposed a task I'votl
these officials beyond their it! 'Hi .
The Chinese applicant frequently cum"
from some 'place far distant from thrt
American consulate and the consul
was consequently obliged to refuse to
identify as proper persons to be ad
mitted to the I'nited States many very
worthy Chinese, which, of course, led
io hitter romplalnt and fostered the
bocott feeling. Then a Chinese mer
chant who desired to 'end his son as a
shop assistant to his branch store In
the t'nlted Stales with a view of ul
timately admitting the son to part
nership, found that tho boy was bar
red on the ch uge that be was a coolie.
Chinese living In the Hrltlsh and
French and Portuguese Asiatic colon
ies, being really citizens of those na
tions, did net see why they could not
lie admitted to America under proper
passport 1 Instead of being required to
nrotluce the unpopular certificate.
These were 'only a few of the com
plaints made against the administra
tion of the existing exclusion law. The
trend of the opinion In the cabinet
meeting was that these complaints aft
er all were directed rather against the
construction placed upon the law than
ihe act Itself, and especially against
he definition given In California to
the term coolie, so It was practically
decided that some Important changes
in the present regulations must bo
Today's session was the first reg
ular meeting of the cabinet held for
some months, and It was one of the
longest held during the administration
of President Koosevelt. It was at
'ended by all members of the cabinet
excel t Secretary Shaw, who Is absent
from the city, and Secretary Metcetf.
who Is I'l.
It was the first cabinet meeting for
Secretary Honaparte of the navy and
ihe first as neeretiry of state for Mr.
Koot. "All I did." said the former.
Jocularly, "was to listen."
Most of the lime of Ihe meeting was
occupied by the president and Kecre
ttry Hoot and Attorney General
Mr. Moody took up with the presi
dent two or three appointments, which
were decided upon, but their an
nouncement wa" withheld pending ac
ceptances. He also discussed the stat
us of the beef trust cases, which are
being pressed by the department of
Postmaster General Cortelyou also
conferred with the president over
Dltl Xot Plscim Wrlkc-.
Washington, Oct. 3. John Mitchell
president of th t'nlted Mine Workers
of America, had sn Interview with
president Koosevelt by appointment
today. He remained with the presi
dent half sn hour. At the conclusion
of the Interview Mitchell said he had
urged Ihe appointment of Imls Ham
eterllng, editor of Ihe official organ of
the l'nite.1 Mine Workers, as collector
nf internal revenue in the Scranton
district. Hammerllng Is optiosed by
some members of the Pennsylvania
congressional delegation. "I did not
discuss with Ihe president the labor
situation In the anthracite coal Acids,"
Meyer to fcc Koosevelt.
New York. Oct, J. George Von D
Mftver. the Amerlesn ambassador to
St. Petersburg, arrived here today on
the Kaiser Wllhclm II. H ssid he
came to see President Koosevelt.
Koowevell KoHii'ts for Knolbnll.
Cambridge, Mhs Oct. 3 Theodore
Koosevelt, Jr.. son of President Koose
velt, reported for the Harvard fresh
men football eleven today. H gave
his weight as 145 pounds and said he
had played four years at Oroton. Few
cnndldates for the team are iirmir
Vtiih Coinpimy Knjolned.
Newark. Oct. 3. An Injunction re
straining the Utah Copper company
from Increasing Its capital stork from
J4.B00.OOn to $8,000,000, from Issuing
convertible bonds to the amount of
three millions and from transferring;
Its property or stock to the Guggen
heim interests was granted today by
Vice Chancellor Pitney. The Injunc
tion was made operative pending th
final hearing of the suit of F.nos A,
Wall against the7 Clah Copper com
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