OCR Interpretation


The times dispatch. [volume] (Richmond, Va.) 1903-1914, December 08, 1910, Image 1

Image and text provided by Library of Virginia; Richmond, VA

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85038615/1910-12-08/ed-1/seq-1/

What is OCR?


Thumbnail for

SHOPPING DAYS
TO
CHRISTMAS.
ONLY FIFTEEN
THK TIMER POTJNDRD 1??.
TITK OIHI'ATCIf FOUNDI3D IN 1M0,
WHOLE NUMBER 18,462
RICHMOND,-VA., THURSDAY, DECEMBEfl 8. 1910.
TIIF, WKATllKlt TO-DAY?Fair,
TALKS TO SHOPPEF.
Thc storcs are crowrled wi'
beautiful and useful things, an
the clerks anxious to serve ydi
Don't delay.
PRICE TWO CENTS.
FOR JANUARY 31
CorporationCommission
Declineg to Rule on
Jurisdiction.
C. & 0. RAILWAY
GETS INTO CASE
iFiles Petition and Becomes De?
fendant?Commission Unwill
ing to Act on Constitutional
Question?Counsel Says
Dock Is Necessary to
Prosperity of City.
Paying that lt would not decide tho
'constitutional <|i;eHtlons involved until
(lt was forced to do so, the Htato Cor
iporatlon Comtnlsilon yesterday, at the
(concluslon of the argument on tho tno
tlon of thc rospondenta to dlsmlns thc
'petltion asklng lor the eioslng of tho
'Itlchmond dock. announced that It
[Would mako no decision hut would pto
ceed wlth an Investlgatlon ot the cano
on Its merlts. Tuesday, January 31,
"was flxed upon as the day when tho for
tnal hearing, wlth the productlon of cvl
tlenjo, ls to be begun.
Thls action on the part of the com
mlsslon came as a complete surprlso
-lo nll parties. Kor two days tlie argu?
ment had procecded on the application
of the respor.dents to have the case dis
Xnlsued because of want of Jurisdiction
Bnd because the potltloners hnd not
mnde out a case In accordanco with the
?ict on the subject. It had been prc
rtimed that some decision would he
Xondcrcd on that polnt.
l.rjjInlttMirc's Piinrr.
Ifowever, when Judge George b.
-Christlan, the last speaker. had taken
IiIh seat, Judge Prentls immediately
Btated the posltlon of thc commi.-ision.
3J>: .^ald the vltal question at issue waa
whether the Leglslature had the power
under the Constltutlon to dolegate to
the Corporatlon Commission tlie power
to cloqe a dock over which the publlc
liad rlghts.
"We would be slow," he said, "to pro
riounce an act of tlio General Asscm
'tily unconstitutlonal unless it may be
necessary. It may nor become neces
?iry to rule on this noint in thls case
at all L'pon a hearing It mlght be
found that tho protectlon of pfihlid
rtghta and conslderations of equlty
vould demonstrate that lt would be
lmproper to close. tlitt, dock. ln that
event event % rullnc on the JurKdictlon
of tlie oomtnisiion wouid bo supernu
ois. We wlll' not. therefore. decide
that qucntion untll we are forced to uo
Bo. We wlll proceed Instead to a hear?
ing of the facts ln tlie case at any day
which tr.ay be found Batls factory to all
parties.''
Thls action constitutes an apparent
'defeat of the rcspondents' position on
th* conatltutlonal ouc^tion.
Flx Jnnunrj- 31.
After some confddcratiou of a conve
flient day bctweeji the six attorneys
and the commission, lt was determlned
to set Tuesday, January 31. for tlie
Jiearing. The commission thereupon
rose.
The end of tho argument came at
2:30 o'clock. No Ilmltatlon had beon
placed on the spoakers as to tlme, and
rather lengthy constitutional arguments
tv?ro advanced. thc magnltude of the
.Jnterests Involved being tBkcn into
'conslderation.
Aiide frotn the decision of tho com
imlsslon in regard to further procced?
lngs, the must interosting event of the
Way was the filing of nn answer to the
petltion of the bondholders of tho Wil
uiam R. Trlgg Company by tho Chesa
?pcako and Ohio Rallway, which there
'tfore becomes a party defendant; ln
this answer the same four grounds for
msklng for the dlsmlssal of thc petitioTi
pro set forth as were stated by Judge
fJBeyerly T. Crump for the Indlvldual
' Jand owners.
Most Furnish Water.
The answer of the Chesapeake ana
>?Ohlo comprises exhtblts of its connec?
tlon wlth the case. including the deed
.to lt from the James Rlver and Kana
."wha Canal Company and froin it to tho
tfrlgg Company. In the latter instru
ment tho rallroad bound itself to sup?
ply water for the dock at the east fac
Ing of the masonry of the flrst locfc
*ibovc the shlp dock.
The rallroad further clalmed that tjie
closlng of the dock would bo contrary
to the terms of ihe act of the last
I-eglslature, whleh provlded that it
should not bo held to Impalr thc obll
Kation of nny contract exlstlng at tho
tlmo of its passage between the ownei
of thc wharf or his predacessor, in thc
tltlo and Individuals, other .than llte
publie.
In Its argument, the rallroad says
that "water transportatlon for the city
of Ricliniond, including the Rlchmond
dock, ls a factor which, in Its Jude
ment, onters Into the welfare and pros?
perity of tho clty of Rlchmond, in
?which tho Chesapeake ?.nd Ohio nall
W&y Company has large lnterests. not
enly as a property owner, but'as con
nectcd with its buslness of transpor
tation." ' ,
Averse tn InMltiitlon*.
Speaklng for tlie clty of- Richmond,
C'ty Attorney Henry R. Pollard argued
at tho morning session that lt would
be subvorslvo of a republican form of
government to allow the Leglslature
to confer leglslatlve powers on the
State Corporatlon Commlsslon. Such'a
course would evontually dwarf, .and
perhaps destroy, the other hranehos ol'
tho .Stato government. When thc Con
fitltutlon has dcflned Its powers, he
Bald, the Leglslature cannot go hoyond
tt. Therefore, the action of tho Gen?
eral Assembly in givlng tho commis?
sion power to close the dock was un
conKtltutional ""'
Maklng. the same polnt tis that ad?
vanced on Tuesday by .ludgo CpuiTUji,
Mr. Pollard sald that a dock wiia not
* wharf, aud beeuuso the olty proposes
to bulld wharves, lt does not follow
that a dock'ean be closed. Judge Tthea
llnqulred If the potltlon did not allege
that the purposo of tlio two institu
tlons ls tho same.
Mr. Pollard said he had been dirocted
lay the clty to opposo tho closlng of tho
'dock, Into which lt had put ?1,500,0011
at a tlmo when that amount of money
moanl ton tlmes as much us lt does
to-day. llo eonoludod wlth a ropetltlon
(Contlnued on Second Pago.) , ,
CAPPSNOTLIKELY
TO BE RECALLED
No Definite Action Has Been
Taken by Naval Affairs
Committee.
ADMITtA-, 'WASHIXGTON I.EE CAPPS.
[Special to The TImes-Dlspatch.]
Washlngton, O. C, December ".?So
far as can be learned here to-nlght.
there is little probablllty of Admlral
Washlngton Lco C?pp_, of tho havy,
being recalled from abroad, where ho
has been sent on Inspectlon duty, al?
though it m'ay be lhat the naval affairs
commlttee of tlie House may tattc
somo action conccrnlng the matter the
latter part of thls week.
It Ir undorstood that recently cer?
tain friends of Admlral Capps. bellcv
ing that hc rmd boen given .ne duty
abroad aa a punishment for hls ac?
tlvlty last year In urging certain mat
tors before Congress, took the matter
up with the Secretary of the Navy, but
that upon full lnvestlgatlon they found
tho duty a very deslrabie one.
Congrcssman Hobson, of Alabama, a
member of the House naval affairs
commlttee, when asked about the situa?
tion to-night, said that the que-tion of
rtoalllng Admlral Capps nad not yet
been passed upon, but would probabiy
bc taken up some time thls week.
Tlie story or Admlral Capps and his
troubles wlth the' Naval Affairs Com
mittces ln Congress ls an old one. Last
year, when he and tho thei; Paymastor
Gencral Rogcrs appeared before the
commlttee. they were outspokn ln their
opinions of what llnes of policy should
b? nursued by thc navy h-cads, and
openly scored Secretary .Meyer. Some
of tholr opinions wero directly opposed
to the vlews of Mr. Meyer. and for .
while there was a belief prevalent ln
naval circles that serious trouble
mlght follow. ln fact. the situation
became so acutc towards the close or
the sesslon that thore was some talK
of court-martial procoedings. How?
ever, the paymastor-general was soon
r-tired, and Admiral Capps has now
been assigned to duty many thousanu.
of mlles from Washlngton.
lt ls imposslble to ascertaln what
tho real situation. st) lar as the House
Naval Afra'rs Commlttee ls concerned. |
is because the meetlngs are executlv.J
but, according lo .Mr. Hobsor* the mat?
ter probably wlll not be reached ror
severai days. Mcii^Jcrs wlll not discit-S
the commlttee dclihorations. lt ls be
llevcd, however, tliaf It the frlends of
Admlral Capps hold to the oplnlon
that ho- has recelved a deslrabie as?
signmont, hls return to Washington
at this tlmo wlll not be urged, thocg
just what form the mattor may take
cannot now be stated. P. H. McG.
AN EMPHATIC DENIAL
Wllson Drclnrcs He Gave Xo Money
For l.orlmer Votes.
Washington, D. C. Decemher 7.?
Robert L. Wllson. Stato Representatlvc
of llllnois, denied speclflcally to-day
that ho had given mono'y or anything
of value to any member of the Generai
Assembly of that State, otther to In?
fluence or to. pay for a vote for Wil?
liam l.orlmer for l'nlted States Sen?
ator. Mr. Wllson appeared before the
Senate subcommittee ln responso to a
tlubpoena. He said he had gone to
St. Louis in Juno, 1003. not to dls?
tribute money to Southern llllnois
Democrats in return for thoir votes for
Lorimcr. but to nrrango for a banquct
to bo givon in honor of Leo O'Nelll
Brownc. the Democratlc leader. After
cross-examlnatlon by A. S- Austrian,
attorney for the Chlcago Trlbune, the
witness was turned over to Judge El
britlge Hanecy, counsel for Senator
Lorlmer.
"Did you glve to Whlte, Llnk. Becke
meyer. Holulaw. or any othor mem?
ber of the Assembly. money or any?
thing else of value at any tlnw to vote
for Senator Lorlmer?" asked Mr.
Ilenecy.
"Absolutcly no," said Mr. Wllson.
Thc wltness gave a like answer . to
thc question as to whether he had
given anything as a roward for any
vote that had boon cost.
The testimony of Representatlve
Wllson concluded the c_aminatlon to
be held by the Investigating commlt
ts.e. Senator Burrows, chalrman of
tlie commlttee. called an cxocutlve ses?
slon of tho, subcommittee after tho
closo of Wllson's examlnation and the
.ommittee wlll endeavor to formulato
Its roport withln tho next two weeks.
SWANSON IS PLEASED
A"lrglnln'H Xc-w Sennlor Im Given Some
Imitortnnt f'oniinlH.e AMNlguiueiitn.
[Spoclal to The Tlmos-Dispatch.]
Washlngton, December 7.?Senator
Claudc A. Swanson, Virginla's now
Senator, to-day recelved hls commlttoo
a-siEnmetits. Ho ls on Public Build?
ings and Grounds, l-clueatlon and
Labor. I.lbi'nrv nnd Kxpositlons. Thoso
aro all Important places. and thoy givo
the new Senator an opnortunity to got
tn somo oxcellent work for hls State.
Senator Swnnson said to The TImes
Dlspatch corrospondent to-nlght that
ho was well pleased wlth hls appont
tnents. ' P. H. McG.
_?.? ? '
?ItidKe Thornton Elected,
Baton Bouge. Isn,., Decombor 7_The
Loulslana legislaturo to-day met tn
jolnt sesslon and formally elected
Judgo J. R. Thornton, of Rapldes Par?
lsh, Unlted States Senator to succeed
tho lato Senator MoKneroy. Senator
Thornton wlll leavo for Washlngton
withln a few days,
UNIONISTS GAII
in ursrauiiG
They Create Surprise
With Several Nota
ble Victories.
WALDORF ASTOR
PROVES WINNER
Young Anglo-Amcrican Sends
Minister to Defeat and Heads
Poll?Almost Evcrywhere
Liberal and Labor Vote
Decreases?Some Com?
fort in London.
London. December 7.?The standlng
of the j art les ai the close of to-day's
polling was as follows:
Government Coalltlon?Liberals, 123;
lrlsh Nationalists, :tS; Labor Ites. 2?.;
Total. 184.
Opposltlon?l'nlonlsts. 170.
The Unionists secured slx gains ln
to-day's polling, the result of which
ivas announced to-nlght, and suffered
a loss of only two seats. They. thus
return to the posltlon held provious to
yestcrday's votlng. The Unionists' to?
tal galns for the four days are elghtecn.
the Liberal gains eleven and Labor
four.
Among the Nationalists the O'Brien
itcs hold five seats.
The most notable Cnlonlst vlctory
was in Cardlff. which has only gone
Unionlst once in a quarter of a cen?
tury. This vlctory was largely due to
the personal popularlty of Lord Chrlch
ton-Stuart, who cvercame a Liberal ma
Jarlty of 1,865, winning by 233, nnd
the .vlthdrawal from politics of the old
member, D A. Thomas. who was re
placed in the Liberal Interest bv Sir
Chybe.
Walrtorf Anlnr WIna.
There was an even greater surprise,
however, in the capture of Plymouth
by W'nldorf Astor and A. Shlrley Benn,
John Burns'sold opponent ln Hattersoi,
who t"ok M. Durand's place as the run?
nlng mate of the young Anglo-Amer
tcsn. They proved a good team, and
the work that Mr. Astor had done In
thc constltuency was shown ln his suc?
cess In replacing C. K. Mallet, financial
secretary to the War OIHce, who ls the
first minister to be defeated. In addi?
tion, young Astor headed the poll.
The" Unionists also captured the Mel
ton divislon of Lelcestershlre, ana
their other two galns werc made from
Labor. Dudley, wliich was conststently
Unlonlst untll 1908, returned to thc
fold, and Vlscount Wolmer recaptureil
Newton, ln Lancashlre, S. W.. which'
Labor had held in two I'arll.iments.
Almost evcrywhere In the country
the Labor and Liberal vote decreased,
and the Unionists are more plpased
wlth their galr.s here than anywhero
else ln the country.
The government gcts some comtort
from London. all the dlstricts of wmch
are now polled. To-day tho Liberals
won Stepney, which was Unionlst ln
the last election. and Labor gained
Bow and Bromley. The latter seat was
captured by George Lansbury. an
avowed Soeiallst, whom Chancellor
Lloyd-Goorge advlsed the j_auerals to
support ln preference to L. ts. Amery,
the hlstorlan and wrlter and one ol
tlie tariff reform leaders.
These vlctorles brought the coalltlon
gains ln the Mctropolls up to four
against two losses. Besides B, S.
Straus, thc Liberal eandidate, came
withln two votes of capturing Mile
Knd from II. L. Lawson. The Rt. Hon.
Sidney Buxton. president of tho boar
of trade, llke John Burns, the othet
member of the cabinet stttlng ln a
London seat, greatly increased his ma?
jorlty.
O'Brien Heads Poll.
The success of Wllllam O'Brien in
Cork and the possibillty of hls fur?
ther increaslng his following, somc
what compllcates tho situatfon. " The
flght between O'Brien and Willlam
Redmond, the strongest candldates of
the respectlve factiona of the Natlonal
ist party, to represent Cork Clty. re
sultcd ln a sweeplng vlctory for the
leader of the "All For Ireland League."
Mr. O'Brien not only heads tho poll
wlth a majorlty of C3S. but takes wlth
hlm to the House of Comrnons Maurlcc
llealy, wlth a majorlty of 523 over
Redmond.
Altogether sixty-four members were
voted for to-day. only thlrty-slx ro
sults were announced. Most of the
other contests were in the counties,
where the polling plaees are scattered,
so that the outcome wlU not be known
untll to-morrow.
The results ln Duhlln clty and Llme
rlek ctty wlll also be announcod to
morrow. A declaration of the polling
ln these plaees at night was consid
ered likcly to stir up trouble with the
present feellng ln Ireland.
ALLEGED SWINDLER CAUGHT
Charged Wlth Oettlns Fortune Awny
From Court Jewcler.
New York, December 7.?At tho re?
quest of the German government. de
teotives to-day arrested John Don
Clrlolo Jose Do Elerdny, a Mexican, on
the charge that ho had swlndled the
royal court Jewoler, Otto Koch, of
Frankfort-On-Maln, Germany, of Jew
els worth about $31,000. The prlsoner
admltted ho was the man wanted. He
said that ho and another man, whoso
Identity he refused to dtacloso, went to
France and Germany last summer, do
termlned to make all the money they
could.
'According to statements which the
German pollce sent to thls country, the
men made the aeoualntance of an
artlst, who was a friend of Koch, tell
Ing hlm they wero rlch Mexlcans on a
round-the-world pleasure trlp. They
spent monoy lavlshly and won tho con?
fidence of tlie artiat, who introduced
them to Koch wlth n high reoomnien
datlon. They told hlm they wlshed to
buy some preclous ptones.
The German polioe chargo that ou
September 1 laat Kno-li gave them the
jewolry ln a Munleh hotel, and that
ln roturn thoy gavo hlm a worthless
check slgned hy De Klerduy. Two New
York detoctlves worked on tho' caso
for nearly throe months before thoy
found tho suspect ln a drug store here.
Tho pollce say he ndmltted that ho
had obtalned some jewelry from Koch.
On returnlng from Germany. he sald,
he went to Moxlco, where, lie told tlio
poTloe, ho owned valuable real oslate.
jrrotn Moxleo, he sald, ho went to Cuba,
and thence to New York. Ho said that
hla home was lu California, and that
he had a wife and child thero.
P0LIT1CS DELAYS
DECISIOH 8Y TAFT
Greatly Embarrassed
in Selecting Supreme
Court Justices.
HARD TO PLEASE
ALL CONCERNED
Republicans, Regular and Insur?
gent, and Democrats Tlireaten
To Hold Up Appointmcnts
if Nominces Do Not Suit
Them?Lists Have Been
Rcopened.
Wa-hlngton. December 7.?An nnfor
tunate and, to Preildeht Taft. an em-i
harrasaing sILuatlon iias arlsen ln con-j
nectiOn wlth the Supreme Court ap?
pointmcnts.
The plain, unyafnlshed fact ls that:
po'.itlcs has entered into lhe matter,]
desplte tlie dcr.ire and efforts of the
President to put these Important place*
upon a nonpartb.an ba.is,
Tlie Insurgent rtepuhllran Senators j
nave \lrtually served notice that tho> j
wlll opposo the conllrmatlon ol any J
man or set of rnen whose polltlcal lean-j
ings, jtidlcial declsions whllo on tlie |
bencli, or corporation connectlon- a
attorneys are such as to be unsatlt
factory to thls element of the party.
Thc Democrats or tho Senate, tlirougu
Senator Batley, have served notice that
they will llght the conflriiiatl.;n of tho
nominatlons lf a Democrat is not
named to?6no of tlte vacancles.
Senators of tho refcVl .' "inK of the
party arp b?ginnlng to eomplain that
lf tlie Insurgents are to dominate the
nominations to the Supreme Court or
the Court of Commerce, thoy will get
into thc game by holdlng up nomina
tlons.
Presidpnt t'hanges Mlnd.
Under tbe3e Hrcumstances tho Pres?
ident has changed hls mlnd ln severai
instances.
The authorltatlve statcmrnt was
made to-day that the President has
now determined that he will conslder
for tho Supreme Court the names of
ponie of thc clrcult Judges of the Elghth
ClreuU. who passed upon thc Standard
Oil case. Severai months ago he told
Senator Curtls, of Kansas, and others
that he did not think lt would be ap
proptiate to nc.minat. as a justlce of
the Supreme Court a man who had
passed upun any one of the blg cases
pendins ln tho Supreme Court and who
would go upon that bench wlth hls
rcitid already d.;rrmtned.
Thc Kansas fielegation ln Consress
badlv sp'.ir iiit_. l:ietioi?, tn*d unani
mouslv Indorsod Judge William C.
Hoofc. of that State, for justlce of tho
Supreme Court at thc time of the death
ot Justice Brewer. The President dc
cid.-d upon thc nominatlon of Govermr
Huglics to fill thls vacancy, at the tlme
concludlr.g that tt would bo inadvisable
to namo one ot the clrcult Judges who
had declded thc Standard case.
Upon the death of Chlef Justlce Ful
Ier and lhe retlrement from tho. court
of Justlco Moody, Ihe Kansas delegu
llon stood ready to again recommend
Judge Hook. The President, however.
It was stated to-day, repeated hls for?
mer declaratlon againsr any ot the
Eighth Circuit judges. Senator Curtis
thereupon indorsed Judge Pollock, ot
the Federal Dlstrlct Court of Kansas,
and n number of the other Kansas rep
resentatlves followed suit. Senator
Brlstc-w, Inaufgent; and tho representa- i
lives allled wlth him held off from |
Judg. Pollock. protestlng his nomina?
tlon, and declared that Judge Hook
should be named, ln splte of his decls?
ions as a clrcult court Judge.
Tho Presldent's announcement now
that hc wlll open hls llst of ollglblcs to
the Judges of that olrcult gives a new
phase to the contest and ono whlch. it
ls stated, is likely to stir thc Regulars
of the Senate more than anythlhg clse.
The four circuit judges of thc Elghth
Clrcult are Walter H. Sanborn, of St.
Paul, Mlnn.: Wlllis Van Devantcr, of
Cheyenne, Wyo.; William C. Hook. of
Lcavenworth and Elmer B. Adams, ot
St. Louis. The three first named have
been urged for the Supreme Court.
Judgo Sanborn was here last week,
was tIio personal guest of thc Presi?
dent at thc Whlte Houso and dlscussed
the nominations with the President.
Ile is an ablo man, but hls age ls
against him. lt is not likely that ho
wlll he appolnted. Judges Van Devan?
tcr and ilook are the other two to be
considered, wlth the Kansas men back
of Hook and Senator Brlstow making a
hot fight for him. Judgo Van Devanter
has -trcng backlng and may be the man
flnall. stleetcd. The Kansas men elaitn
that they ought io have tho place be?
cause the late Justlce Brewer, of the
Supreme Court, was from their State.
The Demncratlc Posftlon.
The position of tho Democrats is
that while thoy have falth ln the good
intcntions of the President to sel'ect
only able, non-partlsan men for the
bench. he can flnd impartla. men of thls
clnss among the Democrats, and that
there should be malntalnod the tlme
honored dlvlslon of at least one-thlrd
oi tho court or one party. They want
thrco members ot the court.
Chiof Justlce Fuller was a Democrat,
appolnted by President Clov'oland.
Whon he was llving there were three
Democrats on tho Supreme bench?Ful?
ler, Whlto and Lurton. It was ln re
CQgnltton of the fair dlvlslon of the
court that tho President appolnted Jtts-'
tico Lurton, a Tenne's'sean, There are
now only two Democrats on tho
bench?Wlhlte and Lurton. Thoro are
nine members of tho bench, includlng
thc Chiof Justice. If a Democrat ls
not named there wlll be soven Repub?
llcans and two Domocrats.
The President la said to coucede the
falrncss of the 'voquest of the Demo?
crats, and lt la almost sure that one
of tho vacancles wlll bo illlcd by a man
from tlie South.
It is tlie Insurgents who are plcK
Ing to pieces tho records of nearly
ovcry man whose namo Is beforo tho
President. Tt ls declared that they
wlll not be satlsflod unless one of tha
men named has U-anlngs suitable to
them.
Insurgents openly assort that all
thelr efforts towiird progross wlth
thelr policies wlll havo boen lost lf tho
tho Supreme Court bocomos fllled wlth
mon of procorporatlon colorltig. Rather
(C-JnTlrTued on Slxth PageT) ~
His Case Still " in the Air "
niCII.Min IIM.MM.KII, SKCRKTAnY OF THK I.N'TF.niOR.
F
Writes Out Rcsignation After
Cooling His Heels in
Corridor.
GOING TO SEE ROOSEVELT
Denies That He Will Ask
Colonel to Use His
Influence.
Washington, D- C, Deccinher 7.?
Jack Ahernathy. United States marshal
for Oklahoma, un appolntec of former
Presldent Roosevclt, came to Washlng?
ton to-day and handed his reslsnatlon
to Attorncy-Ocneral Wiclcersham.
Charges had been prcferred against
the marshal, but l.e dld not walt to
hear what they were.
Abernathy came Kast on a leave of
ahsence to answer charges against him
and called to see Attorney-General
Wlckersham. There was a great crush
of congresslonul callers, and the mar?
shall was kept waiting all tho morn?
lng.
After demandtng several tlmes to see
the Attorncy-Generai, Abernathy got
tlred of waiting, wrote out a reslgna?
tlon, presented it to Frank Cole, Mr.
Wlckersham's private secretary, and
stalked out.
Later, the marshal announced that
he was golng to New York, where he
would see Colonel Roosevelt.
"I'vc got buslness there," he sald,
"but, of course, I'll soe thc colonel. I
dldn't walt to see the charges against
mc. but I'vc Kot an idea of what they
are. and if such charges make me In
compctent. I don't want tho job.
"I've hewed to the llne and done my
duty as an offlcer," he sald, "and, or
course, I'vc made encmlcs. I nevor
sald the colonel wouldn't let them flre
mc. l'd die before l'd ask hlm to use
his influence. He's done a plcnty for
nie already. He's the boy, too, all
over thc Wost, Democratic vlctory or
no Democratic victory."
COMMANDER*PLATJ DEAD
Nntlve of Nortli Carollnn, Who At
tnineil Ulstlnctlon ln Federal Servlce.
Washlngton. December 7.?Com
der Bobcrt Platt. U. S. N.. retlred.
died at hls home hero late to-day
following an attack of cerebral em ?
bolism, with which he.wus strlcken
threo weeks apro. Commander Platt
was a natlvo of North Carollna.
Commander Platt was rendered
partially unconsclous by tho attack
and was not able to control hls speech.
Tho commander recently returned
here from Wrlffhtsvlllo Beach. N. C.
where he had boen spcndinK his sum
imcrs. He was born ait South port.
N. C and was sevonty-slx years old.
Enterlng the naval servlce ln the
volunteer navy March 1, IS6.1. as a
lletttenant, Commander Platt, after one
month's service, performed conspicu
ous serVioe. For his skill. coolncss
and intrepedity he was specially com
mended by Admiral Dupont, servinn
upon the vessel which lod tho ad
mlral'p lleet into Oharleston harbor,
Aprll 1, 1SG3.
Commander Platt was retlred from
the navnl service in 1903. after forty
years' of servlce, half of which tlme
was spent in sea. service.
Funeral servlce will be held Fri?
day, and interment wlll bo ln the
Congressional Cemetery here.
WOMAN LOSES LIFE IN FIRE
"Wrlter Hiirned to Deuth nnd UnuKhtcr
. JIiin Xnrnnv Faclipe.
Poughkeepsle. N. Y., December 7.?
Mrs. L. 11. Jenkins, a wrlter, seventy
two years of nge. was burned lo death
and her daughter. Mlss EJva Jenkins,
agod forty, narrowly escapod thc same
fato to-day when flre partially de?
stroyed the boardlng houso of Calob a.
Thompson. ut 106 Montgomery t>tl?.V.v.
Mrs. and Mlss Jenkins wero eaug..i
ln their rooms. on tho thlrd lloor nnd
wore nol taken out untll tho Ilro was
undor control. Tho elder womuu was
dead. Her daughter was taken to Vas
sar Hospital and is ospocted to re
covor.
Mrs. Jonklns came hero frum Shof
floM, Mass.. a year ago.
iioiuli t'ur . MunouIc Ilome.
Montgomery, Ala., Decembor 7.?A
houd Issue of $50,000 was luilhurizod
hy. tlio Alabama Maaontc Grand'Lodge
to Hitpplomont Jtto.ooo In hand (or tho
eroction of a ho.mo lu Montgomery for
Masonlo widows aud orphans, wurk on
whloh luiH beon alartod.
EVERYONEBOOSTS
FOR WATERWAYS
Record Attendance at Annual
Meeting of Rivcrs and
Harbors Congress.
WELCOMED BY PRESIDENT
Yearly Expenditure of $50,000,
000 on _ leritorious Projects
Is Advocated.
Washington. O. C, December 7.?
With thc largest number of ilclcgate.
known ln Its history present, thc
seventh annual gathering of tho Na?
tlonal Bivers and Harbors Congrcs;
convened hore to-day for a threa-dnj
sesslon. Tiio weleoming address o:
President Taft, tho annual roport o:
President J, E. Bansdell, the addresse!
of Chairman Alexander, of tho Houst
commlttee on rivers and harbors; J. A
Patlon, of Chattanooga, president ol
thc Tenncssce River Improvement As?
sociatlon, and D. E. Skinner, of Sar
Franclsco, were the only ones de.
llvered.
I'rolilcmn to SolTe.
"Thero was a time tn the l.lstory oi
thls country when rlver navlgatlon was
greatly more Important than lt ls
now," said President Taft, In hls au
drcss. "The growth of rallroads ail_
thelr enterlng Into tho trade of all
scctlons of the country has dltnltiished
the lmportance of rlver navlgatlon
under existing conditlons, and the prob?
lem whlch you gentlcmon havo to solve
and which Congress has to solvo, and
all in favor of using water transpor
tation and who bcllovc that lt has cle
meni. of economy that ought to make
lt enter much moro largely into the
goneral transportatlon of thls coun?
try than it does, is thc unlon and the
co-opcration of rallroads and rtveta.
Thc termlnal dlftlcultles wlth respect
to rlver transportatlon are the ailtl
cultlcs you have to overcome before
you shall solve thls ciuestlon."
A. commlttoo on resolutlons was
named by President Bansdell. of whlch
John C. Freeman, of Vlrglnla, was
chosen clialrman.
Representativo Alexander, of New
York, In hls address, declared that to
favor tho improvement of rivers ancl
inla'nd waterway transportatlon gen
orally had now becomo the fashion.
This was due, he belleved, to the ac?
tlvlty of tne Natlonal Rivers and Har?
bors Congress.
Thci congrosslonal eommlttces, Mr.
Alexander said, wero now at work on
a.blll whlch they hoped to prcaent noxt
week whlch would provlde for annual
approprlatlons for inland watcrwaya
Thls he declared to be the only reason?
able wny to accomplish the desired
ends.
Regular annual approprlatlons for
carrylng on tho work of waterway lm
provoment8 throughout the country
wero advocated by Presldont Ransdell,
of the Rivers arid Harbors Congress ln
his opening address to tho congress.
Sinco tho convention a year ago of lhe
congress, of which he ls president, inc
rivers and harbors bill passed by thc
last seSslon of Congress, he said, was
tho grcatest advance yot made toward
tho carrylng out of tho policies ad?
vocated by the Natlonal Rlrers and
Harbors Congress,
Wnntit $-0,000,0.0 n Ycur.
The nnnual expenditure of at leust
$!iu,000,000 from the public treasury
upon merltorious rivers and harbors of
tho Unlted States untll ovcry ono of
them ls adoquatoly and atnply Improved
and ready for lndustrlal and commor?
clal noods and uses, was tho policy ad?
vocated by Mr. Patton. He spoko in
parttcular of tho noods of Improvomciit
ln the Tennessce Rlver.
"Wo ask that our present showing
an past experlence bo taken us thc
best guaranty and guldo," snld Mr.
Patton, "we neod and deserre $10,
000,000 to bo oxpondod at nn approxl
mate rute of $1,000,000 a year for ten
years for tho Tennossoe holow Chat?
tanooga, and ?3,-00,000 tor simllar lin
provemont between Kti-ixvlllo and
Chattanooga." Out. of. eiitfh. dollur that
should ho expended we aro not tishum
ad to olftllll 2 to _ cents for tho Tennos
see, that ranks thlrd In lmportance
among Amerlcan rlvors and Ih our
largest rlver capuble of year round
navlgatlon ttuougii Its length.
E
OFTHREEREPORTS
Majority Says Ballinger
Is High-Minded, Capa?
ble Public Servant.
IS CONDEMNED
BY THE OTHERS
Democrats May Introduce Reso?
lution Flatly Calling on Taft
for Discharge of Secretary of
Interior?General Belief
Is Congress Will Take
No Action.
COMMITTB'S FIN DIXjGS.
"The evidence lin? vrholly failed
to mnke out a cn?e. Neither any
fairt proved nor nll the fact* put
toRethcr cvhihlt llr. llnlllnser 111
heing nnvthlnK hut n competent
aml honornlilc Kcntlcmnn, honestly
nnd faltlifully perfornilnis tbe dutlcft
ot hls lilu'b ofllcc wlth n vlew sliifflo
to thc pulillc Intcrcal."
Spcclllc I'IjhIIiic".
ChnrRen nKnlnnt Scorctrtry Ilnl
lincer rcicnriliiii; r'linnlncliii in nml
other conl Inud <-lnlm? In Alnnka
not juatllled.
?IiiMtlfled ln reiokliiK fudlnn eo
operotlve ngreement.
neatorntlon of nnter-pmicr oltrs
made In rooi! fnitb nn-l uot in
enuiltj to the govemmenl.
.lustillcil ln nbnudonlng use of
lmter iiser*' eo-operntlve eorltfl
cnten.
No iinfnlr crltlcWm of the reclnm
atlon Hcrvlce shoivn ou Secretary
nnllliiKer'.i pnrl.
Not an enemy of n reasoonhle nnd
jiidicloiiN imlli'y of comtnntloo.
No armiiid sliotvn .juxtlf> luu the
opinion thnt Sesretnry Dnlllnjrer Is
not a fnlibful and efllrtcnt publlc
oftlcer.
. Washington, D. C, December 7.?The
Balllnger-Pinchot investigating com?
mittee, after eleven months of work,
mado Its llnal report to both houses
of Coiiigross to-day. ln tbe opinion of
seven Republican members. a inajor?
ity ot the iMimmlttee, Secretary Ballin?
ger "honestly and ralthfully parformed
the dutles of hls high ofllce, with an
eye kingle to thc publlc Interest."
In tho opinion of the four Democrats,
Mr. Ballinger "has not been true to tho
trust reposod in hlm as Secretary of
the Ii'terlor. and should bc reqUestod
by the proper authorltics to resign his
office."
Both reports, together with the inde?
pendont report of Representative Mad-'*
Ison, Republican, also adverse to Mr.
Ballinger. were offered In tho Senato
by Senator Nelson and ln the liouse by
Representative McCall. Their prcsen
tatlon followed a meetlng of the full
commlttee. Tho Democratic members,
led by Senator Fletcher. of Florlda.
agreed to thls method of gettlng the
reports beforo Congress. after their
motlon to substltute their own report
had been rejected ln the commlttee.
Senator Fletcher flrst ralsed the polnt
of order that the commlttee had al?
ready approved thc report that was
made public at Mlnneapolls. Thls
polnt was overruled by Chalrman Nel?
son.
All Thrcc Preneutefl.
A motlon then was made to substitute
tlio Democratic report for the report
agreed upon by thc seven Republican
members. Thls was voted down, 7 to
5, Representative Madlson voting wlth
tlie four Domoorats. It was agreed oy
thc commlttee after the majorlty re?
port had been adopted that all three
should be presented at onco ln each
house and prlnted together. Under
thls arrangement tho dlssenting re?
ports aro glven equal standlng wlth the
majority report beforo the two houses.
Senator Fletcher said later that steps
wlll be taken by the Democrats to
bring about action in accordance with
tho recommendatlons contalned ln their
report.
The reports were accepted ln both
houses wlthout comment. The plan of
action to be followed by the Democrats
has not been detormlned upon, but tt
is nnderstood a resolutlon wlll bo pre?
sented to carry out the recommendatlon
made for thc secretary's removal. Such
a resolutlon probably wlll oall flatly
upon thc President to discharge hls
Cabinet offlcer.
Cull Iteport Weuk.
The Democrats held a conference on
the matter to-day. They characterlza
the majorlty report as "Weak." wlllle
the Republican members of tho com?
mittee doclare It has fully answered
all charges made against Ballinger and
has dlsposed of ull testlmony presented
durlng the long hearing. An effort un
doubtedly wlll bo made to put the
liouse on record ns to lls oplnloh of
the majorlty report. The general feel
ing ls that ihero wlll be no action on
the report at this session. which means
not at all. for tho reirtm loses lta force
wlth tlie expiratlon of tho present Con?
gress ln March.
After statlng that the evidence pre?
sented related lu the main to charges
of varlous klnds against Mr. Ballinger
and that ilieso came chtetly from two
aources, L. lt. Glavls and Ulfford l'tn
chot. the majorlty announced the fol?
lowing concluslon: "The evidence haa
wholly failed to make out a case.
Neither any fact proved nor all tho
facts put together oxhlblt Mr. Bal?
linger as being anythlng but a com.
petent und honorablc KetUlcmati.
honestly and falthfuiiy pcrformlng ti>.,
dutles of hls hlgh ofllce wlth an eye
Slngle to the publlc. Interest. '
Tho report was slgned by Senators
Knute, Nelson, chalrman; Frank 1'.
Fllnt. Goorge Sutherland and Llthu
Rdot and Representatlves Samuel Mc?
Call, of Massachusetts, vlce-chulruiaii,
Mariln E. Ohnstead. of Pennaylvantft.
and Mdwln Denby.'iif Michigan, all Kti.
piililleans.
A few months ago lho Dcmocratui
members, Senators D. V. Fletcher and
Wllllam 15. 1'urccll aud Representatlvea
Ollle James and James M. llrahuiu, ot
Illlnols, together wlth Iteprosontatlve
Edroond U. Madlson, of Kansas. i'r<.

xml | txt