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Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, February 24, 1911, Image 1

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Br Mall it eta. Month t Blafto dock.
Ut Carrier, 60 cent a Month.
orderly says
Writes Member of Senate Com
mittee on Territories Denying
Charges of Intimidation and
Sons of Veterans Also Send
Sworn Statement That Elec
tion Was Honestly and Legal
ly Conducted Here,
"I never saw a more orderly open
and to all appearance fair election than
that one anywhere," says Judge Ira
A. A. Abbott of the district court here
In a letter transmitted yesterday to
Senator Dillingham, member of the
senate committee on territories. In
which Judge Abbott denies the
charges of fraud at the recent con
stitutional election now being cir
culated In Washington. Judge Ab
bott's letter ought to carry consider
able weight as it Is couched in digni
fied and conservative language while
at the same time quite emphatic in
tenor and Is backed by the judge's
high standing at Washington nnd In
New Kngtand. The letter follows:
Senator W. P. Dillingham, Washing
ton, D. C.
My Dear Senator: The charges
made before the committee on terri
tories agalnat the fairness of the vote
In this territory by which the pro
posed constitution was approved by
an overwhelming majority have come
to my notice through the newspaper
reports of them. Ah you know, I
have lived In New England all my
life until six years ago when I was
unpointed to my present position by
President Roosevelt, I have wit
nessed elections In Vermont, New
Hampshire and Massachusetts, chief
ly the latter state, wnere 1 nave sit in
most of my life, and I was , here n
Mexico, and saw the voting in pro
gress at different timen during the
day 1 never saw a more orderly,
open, and to all appearance, fair
-i.w.unn ttinn that one nnywhere. It
is claimed. I see, that ballots against
the constitution could not be obtained
mat was ni me
was some difficulty, I understand, in
some small and remote communities
in finding responsible persons who
were opposed to the constitution to
take cnarge ui m ii.s,-i"
nd distribute them, the ',7 ' j
that if they were entrumeu to irre
mmnuihla ueraons and lost or destroy
ed, the officers whose duty It was to
have them printed would be blamed
for the loss.
It is also charged that the saloons
were open contrary to law. The ques
tion whether the law of New Mex
ico forbidding the opening of saloons
for business on "general" election days
npplies to elections under the enab-
...... nn Snrhlrh ii nfnrt unBtely. COll-
ui.li v"'"'; ., i.. I.
tain no provision on tne suojeiw, ...,........ ...
nemllnK is court. Certain saloon 'tative Foster of Vermont had taken
keen"?? In I this city Were indicted for! Mr. Wlckersham by the throat. This
having their saloons open on the dny I added to the uncontrolled anger of the
of th election of delegates to the 'delegate and for a moment diverted
mnstltutional convention. They em-1 hlg attack toward the would-be peace
ployed counsel, claiming that their maker. Representative Slsson of
acta were not contrary to 'aw, nnd the 'Mississippi was first to reach Mr.
question is now on its way to the Mondell, who was endeavoring to
Supreme court for final decision. But raise the chair In which he had been
the saloons were closed here, accord- sitting, to hurl it at his antagonist,
lng to my observation and reliable in- Members rushed toward the group
fnrmiiHtm Hnrinir the Drogresa of the from every part of the chamber and
voting on tha adoption of the constl-
tutlon, which began at nine o clock
a. m., and closed at six P- m.
It would be strange If in a territory
of such vast extent there were no
irregularities In the voting of that
dav, but 1 am confident, on the In
formation I have had from different
parts of the terrltor" that-the per
centage of votes which for any reason
failed to be cast against the constitu
tion, or were improperly cast for it,
If there were any of the last class,
which I have never heard claimed
here, was Inconsiderable. There
were some opposed to the constitu
tion, for vnrlous reasons, as the case
always is, but the desire for statehood
was so strong and '--"oral that it WH8
foregone conclusion It would be
adopted, nnd I believe that If It were
resubmitted the majority tor it would
he still larger.
I addregs you rather than the chair
man of the committee because of my
acquaintance with you, but I would
like to have this letter laid before
the committee. . ... .
Since I came to my present ontce
hnvr. hen uoru rnrcfnl to keep the
i... - -..p.. I Ira,. I, tne.
court of which I am the Judge out of
politics and to that end have myself
wholly abstained from taking any
Part in political contests, except
they have sometimes been brought
Into court. But neither political party
opposed the constitution, as a party,
and republicans and democrats vied
with each other in working for Its
adoption. I therefore feel at liberty
to call the attention of your commit
tee to what I have stated, and Indeed
think It my duty to do so In Jus
tice to the territory.
Very truly yours. .
Associate Justice of the Supreme court
of New Mexico and Judge of the
Second Judicial district.
Albuquerque, X. M. Feb. 23. 1911.
The members of Kit Carson Camp,
Sons of Veterans, of this city hnve im
mediately followed the example of
'he Sons of the Revolution and yes
terdny mailed a sworn statement to
Washington denying the charges as to
the election and characterlilng them
"s' false, unjust and malicious." This
letter was as follows;
Albuquerque, N. M.. Feb. 23, 1911.
To the Hon. R. I Hamilton, Chair
man on Territories of the House of
Weprerentntlve", Washington. p. P
Dear Sir: We, th undersigned of-
fleers and members of the Sons of
Veterans Kit Carson Camp No. 1,
Albuquerque, New Mexico, emphatl
ct.:'y deny the charge that the election
for the ratification of the constitution
for .New Mexico was fraudulently eon
ducted; and personally brand and re
sent any and every charge maed
that said election was conducted by
intimidation, violence, fraud and
bribery as false, unjust and malicious.
Hut on the contrary, from personal
knowledge. In Bernalillo county said
election was honestly and legally con
ducted and each voter had perfect
freedom and liberty to cast his ballot
pro or con without the least Inti
midation or molestation.
John V. Wilson, commander; Elwln
L. Grose, secretary; Jtobert Smart,
Junior .commander; J. G. Pratt,
selor commander; C. O. Cushman,
H. S. Llthgow executive council.
Subscribed and sworn to before me
this 23rd, day of February, A. D.
Notary Public, Bernalillo County,
Territory of New Mexico.
Special Dispatch to the Morning Joarnall
Santa Fe, N. M.. Feb. 23. It Is said
that at least fifty special delivery let
ters were mailed to Washington today
protesting in affidavits against the
charge of an unfair election, Janu
ary 21, In New Mexico, and some of
the affidavits stated that ballots both
for and against the constitution were
obtainable and that there was no in
timidation or disorder at the polls In
Santa Fe. It la said that affidavits of
a similar nature were mailed from
points all over the territory. One was
from the editor of the Santa Fe Eagle,
a democratic paper that bitterly
fought the adoption of the constitu
tion, the editor swearing that ballots
"against" the constitution were ob
tainable at his office and that he so
announced in the columns Pf his pa
per. -
Blows Fall Short ' and Both
Apologize; Alaska Coal Land
Leasing Bill Defeated With
npn n( npmnnrntfi.
(Br Morulas Journal Hpadal Lauwd Wire
Washington, Feb. 23. Another
rilrwt1 loa- l.nttlA n-.ia fnnvht nn lha
.floor of tne h(jU)fe Qf repreHt;ntutlvea
,ate tod(iy u cume durinB a 8ome.
what heated debate on a bill for the.
leasing of coal lands In Alaska. The lie
was passed and as the short and ugly
word rang out Delegate James Wlck
ersham of Alaska, made a rush for
'Henresentatlve Kmnu VV. Mondell of
Wy - omlng, who was seated at a near-
by desk
The big Alaskan's right arm shot
out twice In the direction of the gent
leman from Wyoming, but members
who surrounded the disputants at the
time say that both blows fell short.
The house was In an uproar In an
instant. Several members hurled
themselves on Mr. Vlckersham; oth
ers were struggling with Mr. Mondell,
who had gained his feet and was
n.iiUt,,,, tnr hlo .., It,, n II onrBBOIl .
Igoon there was nearly a hundred men
In the crowd about the struggling leg
Meantime Representative Olmstead
of Pennsylvania, who was acting as
speaker, called upon the sergeant-at-arms
to preserve order. The histor
ic mace of the house, the emblem of
authority was lifted from its marble
pedestal and carried to the floor by
the house officials.
Members, however, had taken the
matter In hand and had succeeded in
bringing both Mr. Wickershnm and
Mr. Mondell to a cessation of hostili
ties. When the house was fairly quiet,
Mr. Wlckersham clamored for recog
nition. " "I want the record to show thnt I
apologize to the house, but," (his
volep rose to a shout), "I also want it
to show that I was called a liar."
Representative Tawney called at
tention to the fact that the language
used by the disputants was clearly un
nniinm.,nui nnH thut thcra should
unuiiiiiiniinij ......
v . or.roo.rv.
. ... , M wickershnm
" o'w".
said; "I lost my temper,
He sat down and Mr. Mondell arose.
"My remark was not directed to
ward the gentleman from Alaska, Mr.
Mondell said, "and It was not utter
ed In debate, but to a gentleman who
stood beside me. I realize, however,
that I should not have used the word
here, or anywhere, for that matter,
and I apologize to the house.
During the applause which follow
ed Mr. Modell's statement, Mr. Taw
ney moved that the house adjourn.
On a standing vote tho motion appar
ently was carried, but the opponents
of the Alaska leasing hill demanded a
roll call. Under this call the motion
to adjourn was lost, and the leasing
bill was then defeated 151 to 32.
The bill had been culled up under
A suspension of the rules and would
have required a two-thirds vote for
Representatives Madison of Kansas
and Ollle James of Kentucky, both
members of the Halllnger-Plnchot In
vestigating committee, led the nttnek
against the bill. Mr. Wlckersham
had joined forces with them. Mr.
Mondell occupied practically all of
the time In favor of the measure.
The bill provided for the leasing of
all coal lands not to exceed 2.G60 acret
on a royalty basis of from 3 to 19
rents n ton. The det.fifw had bee
surcharged with acrimony.
Important Legislation Waits
While Hoosier Spellbinder
Airs His Views on Merits of
Lorimer Corruption Case.
Mild Sensation Comes When
Charge Is Made That Report
Sent to Senate Was Not That
Signed by Committee.
(By Morning Joarnal Special Leased Wire)
Washington Feb. 23. No vote was
taken on the Lorimer case In the
senate today nor could a date for
such a vote be fixed. Senator Beve-
rldge of Indiana spoke for four hours,
but did not conclude. He announced
he would jresume tomorrow. This
was his second interruption of his
speech, which already has consumed
nine hours.
Just before the senate went Into
executive session, Senator Burrows
attempted for the second time today
to have a time for a vote tlxed, sug
nesting that It be before adjournment
tomorrow. Senator Stone objected
because he desired time In which to
be heard on the case.
With congress within eight days of
enforced adjournment, and with its
calendar crowded with Important
measures Including numerous appro-1
priution bills, the senate adjourned
in anything but an agreeable state of
Ordinarily, thero would have been
no objection to Mr. Beveridge'i course
in announcing he would resume his
speech tomorrow, but under the clr
cumstances there were many manl
l'estattons of impatience.
Home of the senators who s-ipport
Senator Lorimer went so far as to
charge a filibuster to prevent a vote
on the Lorimer case, But Mr. ttcve
rldge und his friends resented this
"I don t care a hang when we vote
ufter I get through." he said, to Sen
utor Gallinger on the lloor Just be.
fore adjournment.
He Insisted that he must have op
portunity to conclude his speech
which he promised he would do to
Jn his remurks today, the Indiana
senator made somewhat extended ref
erence to Senator Lotimer'a speech of
yesterday, warning senators ngainst
being carried away by sympathy. He
continued his analysis of the test!
mony In the casj, with a view of con.
vlnclng the senate that the senator
from Illinois had procured his elec
tion throuch bribery. He also
charged that the committee on priv
lieges and elections had acted with
undue haste upon the evidence in
reaching its verdict
This allegation wag made In con
nection with a sharp colloquy with
Senator Depew of New York. He
taxed these New York senators with
having failed to read the testimony,
and In addition, Intimated that the
report which originally was agreed to
by the committee on privileges and
elections was not the same document
that ultimately was presented to the
sennte In the Lorimer case.
After a series of exchanges be
tween Senators Beverldge and Depew,
the latter said he had read merely the
attorneys briers and an abstract of
the testimony taken.
Throwing up his hands, Mr. Beve
rldge exclaimed:
"1 ask the senate and the house
what they think of a Judge who would
reach a final conclusion in a great
case on the brief of counsel and an
abstract of the evidence prepared by
The galleries broke into loud ap
plause. Bringing his gavel down with a
bang, Senator Brandegee, in the chair,
admonished the audience that the
demonstration must not be repeated.
Under his breath, but audible
throughout the chamber, Mr. Beve
rldge, who had been speaking almost
to empty chairs on the floor, notwith
standing the galleries were packed:
"I think we shall have an audience
"I am pleased to know that the
senator from Indiana counts upon an
audknee," retorted Mr. Dcpcw.
"1 think I havo nn audience," re
turned Mr. Beverldge, looking up at
the packed galleries. ,
"In the" galleries," said the New
York senator, pointedly.
Ho Intimated that it was to the gal
leries that the Indiana senator ad
dressed most of his speeches,
I could teach the senator from
New York little about that" snapped
Mr. Beverldge.
Mr. Depew volunteered the further
explanation concerning the docu
ments in the Lorimer case which had
cume to him before the Saturday
meeting of the committee on priv
ileges and election. He especially em
phasized his assertion that not only
the briefs but the abstracts of testi
mony which he had examined had
been prepured by counsel opposing
Mr. Beverldge said:
"I don't care by whom those docu
ments were prepared. It was the
senator's duty to base his conclusion
on the testimony and not on briefs or
abstracts prepared by anyone."
Mr. Depew declnred that on many
occasions In his life he had read as
many as three volumes as large as
the volume of testimony , within the
time given In this case.
Mr. Beverldge Insistml that he
should state whether he had actually
read this volume, but the New York
senator did not make direct reply.
The Indiana senator asked Mr.
Depew whether the report which hud
been presented to the committee on
privilege and elections und signed by
it mvmbers had been the gum docu
Citizens of New Mexico having
friends on the house committee
on territories should wire them
at once asking a favorable re
port on the constitution and re
futing the ugly charges made by
the enemies of territory. Fol
lowing are the members of the
Edward L. Hamilton of Mlchi-
George X. Soiithwhk of New
James McKlnney of Illinois.
Ralph D. Cole of Illinois.
William II. Draper of New
Frank E. Guernsey of Maine.
Jonathan N. ' Langham of
James VV. Goode of Iowa.
William J. Moxley of Illinois.
James T. Lloyd of Missouri.
Ezekiel 8. Candler, Jr., of
William C. Houston of Ten-
Benjamin O. Humphreys of
Michael F. Conroy of New
Daniel A. Drlscoll of New
IH'lnsatoa Without Vote.
William H. Andrews of New
Jamea Wlckersham of Alaska.
Ralph H. Cameron of Arizona.
Jonah K. Kalanlanaole of
ment which afterward was laid be
fore the senate.
'That took place' gome time ago,
responded Mr. Depew, "and my
memory is not up on every detail,
suggest that the senator from In
diana call some other witness."
He then declared that he had not
brought up the question, and asserted
that Mr. Beverldge had been respon
sible for bringing It to the surface as
an excuse for revealing secrets of th
In reply, Mr. Beverldge said th
proceeding was a matter In which th
entire public was interested and h
Justified his course on tho ground
that the committee was the servant
of the senate.
Mr. Beveridge inoted extensively
from the examination of Beckemeyer
Irt fore the committee to show thnt th
evidence of Beckemeyer had been
given freely and voluntarily and that
no third degree methods were neces
sary or were practiced to elicit In
formation from him.
Suylnir that the alleged antt-Lori
mer conspirators had been represent
ed an dragging Mike Link's confes
sion from hitn with red hot tongs, Mr,
Beverldge asserted thirt the district
attorney , had been considerate und
kind to him.
Unk, himself, had explained that
he had refused to testify because he
was afraid of getting his friends into
trouble, said Mr. Beverldge.
"Klther White told the truth or
White jvas a literary genius." said
Mr. Beverldge." Besides It the In
ventlona of the greatest writers of
detective fiction paled Into lnslnnlrl
cance if his story was Action. And
yet," he said, "It had been stated that
White was stupid."
Declaring that the "goods" had
been found in the possession of
Holstlaw and Link, Mr. Beverldge
asked what, under similar circum
stances, would lie the Inference in
the case of a thief.
Asked by Senator Gallinger where
Mate Legislator lute had procured
tne money he is alleged to have
shown in Chicago in the sum met- of
ISHIH, Mr. Beverldge replied that that
circumstance had been explained.
"How? Where did It come from?
asked Senator Gallinger.
'From Browne Lee O'Neill
Browne" quickly answered Mr. Beve
"where did Browne get It?"
"Qood Lord. I don't know," said
the Indiana senator. "They attempt
to clear matters up by saying that no
money was taken from Irimer a
bank. Does anyone suppose the
money would hava been taken from
his bank? That would have been
about as stupid a proceedings ag
gome others thnt are suggested."
New York. Feb. 23. In a verdict
of not guilty, the slate's first endeavor
to make a criminal cube out of the al
leged corruption by the attempted
purchase of legislators' votes to defeat
the anti-racing betting bills three
years ago, collapsed late today.
After art hour's deliberation a Jury
In the criminal branch of the supreme
court this afternoon acquitted former
State Senator Frank J. Gardner, who
wag charged with offering a $10,000
bribe to former Stale Senator Otto G.
Foelker, now a cogressman, In the
Interest of the race track Interests.
Justice Seabury. IB his charge, told
the juror they should not consider
any reference to the half million dol
lar "boodto" fund, which It had been
alleged wan raiser! at a dinner of the
race track Interests, but to confine
themselves to the question of whether
Foelker wni offered a bribe by Gard
Oklahoma City, Okla., Feb. 23. A
concurrent resolution t" "take appro
priate action" toward tho annexation
of the Texas "Panhandle" by Okla
homa was Introduced In the lowwer
house of the legislature today.
Boilermaker Strike Called Off.
Lincoln, Neb., Feb. 23. Announce
ment wag made here tonight by J. W,
Jones, president of the district unions,
called off the strike cf bollermnkers
and helpers on the Burlington rail
road. The action was d eclair d to be
voluntary on the part of tl.u iiiru.
Rescue Force Works Desper
ately to Save Five Others
Who Are Believed to be Alive
in Underground Workings.
By Morning Journal gperUI Lmw4 Wire)
Reno, Nev., Feb. 23. The fire that
started thlg morning In th "timber
yard" on the thousand 'foot level of
the Belmont mine Is Btlll burning and
officials of the mine ablmt tnat ten
or twelve men who were on the 1166
level are dead. Five men are known
to be Imprisoned on the 1,000 foot
level and It Is hoped they are. still
In addition to the men on the 11(6
level and thole on the thousand foot
level. It lg thought that a number of
dead are lying at the bottom of the
shaft. They are believed to have been
brushed from the cage when a rush
wag made to reach the surface after
the fire Btarted. K. O. Frank, a
miner. Is known to have been crushed
by the cage and killed at that time.
Nine men are In the hospital suf
fering the effects of smoke nnd ga,8.
Flameg and smoke are pouring
from the main shaft but rescuerg are
working toward the fire from the
Desert Queen shaft which Is on the
opposite side of Mount Oddie from
the Belmont and which connects with
the Belmont workings. The rescuers
have advanced 350 feet of the 2700
feet that separates them from the
Belmont shaft. Additional fans have
been Installed 'and fire hose hag been
sent down the Desert Queen shaft.
State Mine Inspector Ed. Ryan la on
his way to Tonopah from Virginia City
with oxygen helmets.
The Imprisoned miners are:
Frank Burke, shift boss; Michael
Mlnnlgan. John Mea, William Murphy,
Thomas Wlttey, miners.
Shortly before the 7 o'clock shift
was ready to descend Into the Belmont
mine this morning, smoke was seen
issuing from the shaft. To enable
them to reach the workings, the men
were lowered down the shaft of th
Desert Queen mine, 2,700 feet distant
from the Belmont.
On reaching th.e 1.000 feet level they
tarWd through tho drift leading to
the Belmont shaft, but after walking
about 1,500 feet the smoke became so
dense that all retraced their steps,
with the exception of the five who
are still underground.
The flre is In what Is known ag the
"timber yard" of the mine. The Tono
pah fire department has sent 2,600
feet of hose to the mine. This has
been lowered, connected up and wa
ter Is rapidly being forced to the fire,
which, It Is expected, will be ex
tinguished within a few hours.
Thousands of persons are crowded
around the Belmont shaft, 1,000 feet
deep, from which smoke Is Issuing
In great volume. The manager be
lleves there will be no loss of life, and
the mine will suffer little damage, as
there ure no timbers In the drift wlth-
many hundred feet of the flames.
Two Highwaymen Wounded
and Captured in Desperate
Duel in Streets of Seattle.
By Morning Journal SpaHnl lwi Wire)
Seattle. Wash., Feb. 23. Patrolman
J. T. Davis, thirty-three years old was
killed; John Ford, a young highway
men, was proonniy rataiiy wounded
and Alexander Nest , another high
wayman, was wounded and captured
as tne outcome or a revolver name
between two policemen and the two
hold-ups tonight.
Ford and Nest were taken to the
City hospital where they are under
guard. Ford, who was shot above
the heart Is not expected to live. Nest
will recover.
In the last few days there havo been
govern I bold hold-ups In the residence
sections and tonight Chief of Police
Bannlck sent several additional pa-
rolmen In civilian dress Into the in
fe-ded district. Patrolmen Davis and
Smith were scrutinizing passerby
when they came upon the two high
waymen who had been skulking In
the darkness.
The policemen started to question
them when the bandits drew their
revolvers nnd opend fire. Davis fell
dead at the 'first shot with a bullet
through his head.
Standing, alone. Patrolman Smith
returned the fire, shooting both high
Ban Francisco, Feb. 23. The state
supreme court took under advisement
today the motion of Attorney General
Webb to vacate its recent order grant
ing a rehearing to Abraham Ruef,
sentenced to fourteen years' Imprison
ment for the alleged bribing of Han
Francisco supervisors, and announced
that a decision would be rendered on
March 1. Should the motion be over
ruled, the court will then take up Im
mediately thn re-hearing of the Ruef
- -
Denver, Colorado, Feb, II. The
fforts of the Speer followers In the
Ugisiuluia to secure a tuliltlvlu e on
the I'nited States senatorshlp were
defeated again today, thin time by
the so-called platform dirnoi rnts
tho who ure more concerned In re
demption of democratic platform
pledges than in the selection ol a
The conference was called for 4
o'clock this afternoon.
At that hour the si-nate was hotly
engaged In a right between two fac
tions of the democratic majority over
the rules
The plHtformerg began an organ
ised flilllniMler. preventing adjourn
ment for the usual noon recess after
voting on the senatorship and carry
lng the seion pftM the hour for ion
ferame with the house members.
Joint Resolution of Legislature
at Honolulu Transmitted to
Congress by Hopeful Citizens
of Far Away Territory.
(By Morning Journal Kptdul 1.mwd Wire
Honolulu, Feb. 23. The territorial
legislature adopted a joint resolution
today asking congress that the Ha
waiian Islands, territory of Hawaii, ht
granted statehood.
United States Marshal of Utah
Bares Horrible Traffic; Man
and Woma Arrested for Sell
ing Young Girl,
IB Morning Joarnal Bperlnl Lasted Wlra
Salt Lake City, Utah, Feb. 23. The
startling claim that more than one
hundred girls from the titles and
smaller towns of Utah have been lur
ed to destruction by an organise. band
of white slave dealers, Is made by
United Slates Marshal Anderson nnd
other federal officials In Salt Lake.
At the first step in an attempt lo
stop the traffic the marshal's (if lee
n rreated Herbert Gould gnd Mrs. May
Brown, alius Mrs. Galland. They are
helj on the specific churge of placing
Cora Frohm, a sixteen year old laun
dry girl, In a house of ill repute nt
Pocatollo, Idaho, thus bringing the
case within the Jurisdiction of the
United States courts.
Gould was given a hearing before
Commissioner Baldwin today nnd
placed under $2,000 bond to await the
action of the grand Jury. Mrs. Brown's
hearing was postponed until tomor
row. The Frohm girl told a shocking
story of 111 treatment.
Washington, Feb. 23. Resolutions
asking the president and attornev
general whether they have Investlgitt
ed the existence or a Hrav.lllnn-Aiiier
lean coffee combine were dropped In
the house "hopper today by Uepre
sentatlve Norrls of Nebraska. They
went automatically to committee
without comment.
New York. Feb, o,;- There wa
heavy general selling In the coffee
maikel today with prices closing at u
dec ne of from 20 to 40 points roi
lowing reports that a resolution hart
been Introduced Into congress asking
for investigation of the alleged coffee
This was supposed to refer to the
valorisation scheme or the liraznmn
government, which accumulated about
seven million liagg or eonee .Hiring
1907 and whose remaining supply
amounting to more tlinn b.imiu.oimi
bans. Is said to be controlled by
marketing committee of blinkers and
merchants whose headquarter are
New Tork. Feb. 23 Letters telling
of a loi that cooled, were put In evi
deuce today In the trial of the 1 1 (),
000 breach of promise Milt brought
bv Annette Berthe (irunspan, a pret
ty Russian girl, against William Kmc
llsh Walling, a wealthy socialist work
er and writer.
A threat of vengeance U contained
In one missive sent by Miss Grunspan
to Walllnir. whom the letters state!,
sho had pursued from Kurope to New
York and buck to Kuropn again.
"When I am not pursuing you, soma
on else Is," the letter went on to any.
"I am not aolrtB to see you get away.
I m trying you with sweetness, Wal-
ly. Just once more. nut. rcmemocr,
Wully, I no longer am a little girl,
but a woman who can und will get
Albany. N. Y Feb. 23. That titer
a movement to bring about the
withdrawal of Kdward M. Shepnrd. as
candidate for Unlled State senator,
was Intimated tonight by William
Church Osborn. legal adviser to Gov
ernor Dig, and one of the managers
f Mr. Shi'pard'g campaign. The pur.
pose of the movement. It Is sold. Is to
lear the way. If possinie, ror me se
ction of a compromise carulKtato,
Congressman William Sulser an
nounced tonight In a letter to Assent
ilvmiin Ciivlll cr that he Is Willing hi
friend shall "lend a helping hand"
tu obtaiu the election for Mm.
Decision Comes As Sad Sur
prise to Carriers Who Ex
pected to Secure Some Con
cessions from Commission.
Powerful Plea That More Rev
enue Was Needed for Neces-
sary Improvements Fails to
Appeal to Government.
IDT Morning Joarnal (pert ill LwaMI Wlr
Washington, Feb, 23. The Inter
state commerce commglslon hus decid
ed against the rallrouds, in both the
"eastern" and the "western" case.
The decision wag handed down late
this afternoon.
Proposed advances In class freight
rates In official classification territory,
aggregating umong all the railw.iyg In
the territory approximately 127,000,.
ooo a year were disapproved by tha
In the case Involving the Increase
by the railroads In western trunk Una
territory the commission also dec'.d
ed to approve the proposed advance
In commodity rates.
The carrier In both caseg are re
quired to cancel on or before March
10, their advanced tariff and restore
their former rates, which are the rate
now In effect. If this requirement be
not complied with, tho commission
will Issue a formal order suspending:
the proposed advances and putting in
to effect the existing rate for at least
two years.
In the cose of the railroad commsl
slon of Texas against the Atchison,
Topeka & Santa Fe railway and other
carriers, known popularly as the
southwestern rate case, tho commis
sion declined to disturb the commod
ity rates or the first-class rates com
plained of. The defendants are or
dered, however, to re.lt.ee the second
class rates which were Increased from
SI. 21 to )1.2, to 11.2ft. On the re
maining classes the defendants are
required to restore the rates In effect
before the increased rates were pub
Th decision surprised railroad of
ficials, the majority of whom believed
the commission would grant some In
crease to the western lines, If not to
the eastern.
The commission Concedes that In
the case of some of th roitds an In
creased revenue Is needed, In what
Is known as the eastern case, the com
mission was embarrassed by the ad
mitted fact that several of the line
In tha territory were paying good
dividends upon existing rates, while
other carriers In the same territory
were barely able to make both end
meet a few of them scarcely that.
In the western case, the carrier
entered a powerful plea for Increased
revenue In order that they night have
additional money to put , Into Im
provements which would enable them
better to handle the constantly In
creasing traffic.
The same argument was advanced
In support of the proposed advances
In official classification territory:
but Commissioner Prouty, who wrote
the opinion In th() eastern rase, say:
"This argument doe not appeal to
us. We doubt the practical difficulty
suggested (that of obtaining by loan
sufficient money to finance the roads)
nnd were It true, It lg not apparent
that the general public would stand
responsible for the mistakes which
hnvo been made In financing these
railroad systems.'
Both the eastern and western cose
were brought to public attention In
the spring of 1910. Just prior to tha
enactment of the existing Interstate
commerce law, which, In part, became
effective nn June 18, 1910, the rail
ways of official classification terr!-.
tory 41 In all and those of western
trunk line association territory, filed
with the Interstate commerce com
mission, tariffs making general In
creases In tneir rreigni rates.
The tariffs filed by the eastern line
Increased the first. class rate, between
New York and Chicago points, fifteen
cents a hundred pounds from 75 to
90 cents; and made proportionate ad
vances on tho other five classes. Some
advances also were made on com
modity rules: but the great bulk of
the commodity tonnage of freight wa
not disturbed. The propose.) advancet
affected approximately fifteen pel"
cent of the total freight tonnage, Ap
proximately the same amount of ton
nage was affected by the Increase pro.
posed by the western lines, but tha
lass rates were not affected In ny
way. Commodities alone were in-
reased, the average advance on about
180 different articles being substanti
ally alxteen per cent.
At the time the tariff were filed
the commission hud no authority to
uspend advances In rates pending an
InvcstlKiitlon of their reasonableness;
but ufter conference with the commis
sion and President Taft the railroad
ifficluls agreed voluntarily to suspend
the ratcg until August I. Meantime,
on J u nr. in, the present law was pass
ed giving tho commission power to
uspend rates. Subsequently the pro
posed tariffs again were suspended,
.militarily, first, until November I,
ml later until February 1, and then
to March IS, 1911.
In withholding finally. It approval
f the proponed Increase, the com
mission holds nnd It decision In
both the eastern and western case
was unanimous that the carrier dl.I .
not, In the proceeding, suatuln what
the luw Impose, upon them; that Is,
the burden of proof that absolute ne
cessity existed for the advance pro
posed. Discussing the eastern rase Commis
sioner Prouty denies that the defen
dant carrier are Justified at thla ttm
In demnndtnir additional revenue
r cr

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