The times dispatch. [volume], January 02, 1911, Image 1

About The times dispatch. [volume] (Richmond, Va.) 1903-1914

Image provided by: Library of Virginia; Richmond, VA

                
tAsk Him to Act in Cun?
ningham Alaskan
Coal "Grab."
AGAIN OPPOSED
TO BALLINGER
Declaring That Government Is
Being Robbed, They Ask That
President Refuse to Await
Action of Courts as Has
Been Recommended to
Congress.
Washington, January I.?president
Tali vas appealed lb io-day b> forstor
Forester Clifford i'lncliol and his hrolh
,r, Ainon Plnehol, lo cancel Imme
dlnteiy. without further hearing. Iho
ro-cniicd Cunningham Alaskan coal
claims. In a voluminous brief Mod
with ilic president, In accordance wltli
permission given In a letter written
to tlic'ni liy Secretary Norton on No?
vember o, Mr. Plncb,ot and his brother
contend that the record In the case
"abundantly proves that the claims
were llU-aa!. and that from the begin?
ning Urn claimants have conspired to
defraud the government."
?'No resort to a i oort or a rehearing
of tile eise Is necessary to secure Jus?
tice and protect Ihc peoples property."
hays the brief, "'nie case against the
Claimants is already conclusive. We
believe the duty of ihc executive In
regard to the claims la obvious and
Immediate The claims should be can?
celed by the President forthwith."
OppiiKC Hnlllnccr.
Messrs. I'lhchot thus oppose the rec?
ommendation to Congress made by
Secretary of the Interior IJillllngcr, in
Iiis annual report, that the Cunning-j
tisin irises be referred to the Court ot
Appeals of the District of Columbia for
adjudication, owing lo the "wide dis
cusslnh ami popular Interest tlicy have
provoked, largely owing to their nl
legcJ value and method of attempted
acquisition." Tllbsc cases have been
ponding before the General I.und office
for several years,
"No transfer of the Cunningham
eases to a court for a decision upon the
pre.-trni record would relieve the ex?
ecutive department of responsibility
for failure to have the. case against the
claimant', fully presented by attorneys
of experience arid ability, ami for
omitting to produce all the evidene?
of fraud available'" de- lares the brief,
nfter charging that "in spite of ihc
clearness of tho existing proof we be- I
Heye it to be out public- duty to point
out that the whole or the r ise against
the claimants Iihs not been presented."
The charge also Is mail.- by the Pin
cho'.s that certain evidence of con?
spiracy was suppressed by agents ot
the 1,-jnd Otllcc; that available evidence
in existing documents was not pro
dined, and thai the government's ease
vas "inadequately presented by coun?
sel. "
I,nrr fs Defective.
"The evidence in this case noes much
iarthor than to establish the (rand ot
attempting by subterfuge to acquire
'?from the government more coal land
than the law allows." says the brief.
? It shows that from the beginning the
claimants acted with the .definite und
sustained intention of defeating the
primary purpose and essential spirit
of the law?the spirit and purpose to
j revent mouop dy and secure competi?
tive development of the nation's re?
sources. The. law under which patents
for these claims are asked is defec?
tive. In that it contains no provision
10 prevent combination after titles are
Secured. This fa< t makes It even more
imperative to enforce, strictly the pro?
vision forbidding agreements to com?
bine made before patents are issued.
Only thus can monopoly be prevented.
Regarding the effect of monopoly in
.Alaska, tho brief says: "It Is evident
that an enormous saving can lie made
to the people of Alaska, to the whole
iNort Invest and to the United States
Navy if only these coal mines are
opened under Conditions of competi?
tion" Jt charges that "the Industries
of Alaska have been for years largely
In the hinds of a great and oppressive
monopoly, the Guggenheim syndicate,
Which lias kept out other capital,
throttled competition and held Alaska
at A. standstill."
The brief recites that tho case for
.the government is supported by five
liuiln lines of evidence, cited as fol?
lows :
"First', the history of the operations
of the Cunningham cntrymen in Alas- J
Jin, as derived from ttieir own records
ami statements, shows that from be?
ginning lo end they were nil members i
of a single association engaged in
{requiring a. Joint property, and that
vtho claimants never owned these
Claims separately.
Owned by Association.
"Second. The 1.k ot accounts of
the Cunningham group arid the reports
xnaiie by its agents are till evidently
based on the assumption that all tin.
claims are one property, owned by one
association'.
"Third. Prom first lo last, the sub?
scribers took no Interest whatever in
the situation or value of the par?
ticular claims entered In their respec?
tive names. They eared only for tho
Value of the claims as n whole.
"Fourth. Within the shortest practi?
cable 11 mo after linnl certificates were
Issued (whereupon it. became legal to
combine, provided there hnd been no
prior agreement), the Cunningham as?
sociates took steps to turn over their
claims to a corporation on a basts of
equal shares, although they knew their
claims were of unequal value.
"Fifth. More than one-half the
claimants have ndmttted In affidavits
that they had always acted wftli a
mutual understanding that they would
combine their claims after titles were
secured and one so confessed at tho
hearings."
Discussing the charge that import?
ant, evidence against tho claimants
Avas suppressed bv Di.nd Office agents,
the brief says: "John W. Dudley, reg?
ister of the Land Office nl Jtinenu.
'Alaska, one of Ihcse agents, went so
far ns to advise Cunningham specifi?
cally how one of the claimants, who
had told the truth In his nfTldavit,
'should change ills statement sto as to
?strike out evidence of fraud and avoid
Investigation, 'which will at least In?
volve un interminable delny.' "
In support of their contention that
1hc government's case was Inadequate?
ly presented during the hearings. Glf
ford Pinehot and his brother npsert
1hat James S. Sheridan, who was an
(Continued on Third Page.)
FORMALLY RECOGNIZED
.Mcnrnioinn Oovcrnmcnl Ag.-On In (.I
Slnnillnc Wllh United Malm.
Washington, January 1.?President
Til ft to-day authorised formal recog?
nition oi the new constitutional gov
erhincni of Nicaragua, following tho
receipt of official-dispatches announcing
tho election yesterday o? General .luun
J, Kstrada us I'resldrnt.
Tho ['resident also sent the follow?
ing message, of congratulation to l'rcs
Idant Kstrada:
"ills Kxccllenoy, General Juan ti. Ks
trada, President of the llepubllc
of Nicaragua, Managua,
"I send Your IJxcotlcricy my most
cordial felicitations for the Now Year,
with which I hope will begin an era
or prbgress, peace and prosperity for
the people of Nicaragua, i congratu?
late you upon your assumption of the
presidency hy popular mandate unan?
imously expressed through the assem?
bly recently- elected, and I assure you,
ami through you the government and
people c>r Nicaragua, of the slneere
sympathy and friendship of the gov?
ernment and people of the United
.'?tates In the, work of regeneration
?hieb wo hope will he so successful,
i add my wishes for your own personal
wet fa re.
f Signed) -WILLIAM II. TA KT."
Dr. Palvatore . Castrlllo. who has
been appointed Nlcaraguon minister to
Washington, probably will he received
by Secretary or State Knox this Week
for formal presentation of his letter of
credence. .
Confirmation of Associated i>re?8 dis?
patches from Managua last nlpht an
nonncing Kstrada's election reached
the.State Department during the day In
B cal.'legram from Thomas Mnffntt, the
Am*.i lean consul. ?
Amnesty in Killet?,
Managua, Ni... January l - Presi?
dent Kstrada to-day Issued a decree
granting general amnestv to all po?
litical ?-xlles.
On the election of Ocueral Kstrada
to the presidency yesterday the mem
bars of Congress rose tr, their feet and
shouted "J?dng Live Kstrada." In his
Inaugural address |,e promised that the
law would he administered for the
good of all. and in accordance with the
proper guarantee. It is probable thai
In some respects the Constitution will
he amended to comply with t>i? demand
for reforms, and that new laws will
he promulgated, Adam CardentiS was
eie,.,,?i president of the Congress and
Salvador Cardenas, Vice-president.
RACE IS In DOUBT
.No One Ahle to I'lek Winner or Trn
nrKucr Sctmtomhlp.
Nashville, Term . January 1.?The
General Assembly of Tennessee will;
begin Us llftyrseventh hiounitii ses?
sion at noon to-morrow, which, under
tio- Constitution, will lust for seventy
live days. To-night more than 1 f.i of
the rS2 members are in the city. The
others will I..- In on night trains and
. a ? 1 > 11> -tool row.
The session promises to be a mo
int-ntotis one. inasmuch as a United
states Senator will ho elected, pro?
vision made for funding the State deht.
ah.m 110,000.0/10, redlslrlctlng the
state fo'i Assemblymen under tip- new
census .and repealing, modifying or
strengthening the election laws.
The regular Democrats control the
Senate, ?Ith nineteen out of thlrly
tSreo members', while the l|nu<e prob?
at.!v win be In control of the ftp-Ion
forces.
The Senate Democrats in cautus yes?
terday nominated N. Baxter. Jr.." for
Speaker, The House Democrats will
caucus Monday. The fusion forces, who
have agreed on their candidate for :
speaker of the Mouse, will hold a con?
ference nlso at 10 A. M.
It wan assorted ihl? afternoon that
the regular Democrats would have a
majority on Joint hailot.
Th>- United States senntorshlp Is
very much in doubt. Neither ex-Oover
ii'ir .McMIUIn not Senator J. B. Frailer
have yet shown that they could Secure
a majority, General Luke B. Wright;
ox-Secretary of War, hns not > et said
whether In- would or would not enter
the race. If be eomes in the situation
will he complicated.
PAN-AMERICAN CONFERENCE
Commerce tn Itclatlun to I'nnnnia
< mini Will lie DI'ciiNMrd.
Washington, 1>. C. January 1.?Com
mcrcc of the countries of North and
Soiitli America and the necessity of
their preparing for the opening of the
Panama ("anal will be discussed in
their various phases at a pan-American
commercial conference to be held here
dttr.ing tho week beginning February
1next, under the auspices of the Pan
American Union; The meetings will he
held In the auditorium of tho new
building of the Pan-American Union,
known until recently as the Interna?
tional Bureau of the American Re?
publics. The conference Is expected to
he more practical and more compre?
hensive than any other gathering ever
assembled In the national capital.
Tho purpose of the conference is to
awaken the commercial organizations,
business men and general public of
both North and South America to an
appreciation of the possibilities of pan
American commerce and the necessity
of getting ready for the commercial
changes which will be brought about
hy the opening of the Panama Canal.
wet and dreary
Wnsblugton's New Venr Weather la
Very Und.
Washington. It. C, January 1-?New
Year's Day was wet and dreary in
Washington. A cold, driving rain set
in during the early morning and con?
tinued with a steadiness that kept
I every one indoors.
President Taft . attended services at
the Unitarian Church during the fore?
noon. He was accompanied by Mrs.
Charles J'- Taft, of Cincinnati. Thai
President remained at the White House
during the rainy afternoon and even?
ing, lie disposed of some corres?
pondence nnd dined with his family
and house guests to-night. The lat?
ter Include Mr. and Mrs. Charles P.
Taft and their daughter. Miss Ixmisc.
rlE^THT^TR?fL
Angry llushniid 1? Senrehlnor for .linn I
Who Stole flla Family.
Col(|tiitt, On.. January j.?Nineteen
days with a rllle and a rig on tho trail
of the man who, ho alleges, stole his
wife and children, and swearing that
he will go to the ends of the earth to
find them. William Boalwrighl arrlve?
here from Florida yesterday and set
out again to-day. He had come
through Alabama. Kontwrlght secured
a. warrant here charging Arthur Mr
Cowan with kidnapping. He wants his
children, and says ho will get them by
peaceful means If possible, othcr>visc
he will uso .bis rifle.
STRIKERS DISPERSED
Mayor Order* Incendiary Meeting
Broken 1'p.
Tampa, Fla., January 1.?A meeting
of striking cigar-makers, held at the
l^abor Temple, to-day, was dispersed
hy Mayor McKay and several police.
Speeches of an alleged Incondlavy na?
ture were being made, nnd convinced
the Mayor thnt trouble would result
If the meeting was allowed to continue.
The loaders worn searched and n few
arrests were made. Forty automobiles
with citizens armed with rifles attend?
ed the meeting with the. Mayor to as
iW. If naaiUul.
No Men Are Left Who
Can Serve on
Juries.
ALL 'HAVE BEEN
DISFRANCHISED
Four Women and Two Preachers
Will Be Arraigned To-Day toi
Selling Their Votes?300
Men Have Fled From
County?Threats Made
Against Judge Blair.
[Special to Tim Times-Dispatch.]
West Union, O., Januar) 1.?More
tlinn 100 men of Adams county uro In
Wext Union to-night to appear before
Judge A. 'A 111 air to-morrow morning
and plead to charges of accepting
money lor their ballots. These men
are scattered around town, sleeping
In stables and public halls. Thirty ol
them were seen to-night and asked
what they would do regarding their;
eas?n, and all of them said lliey would
plead guilty, receive their lines, sen?
tences or Imprisonment, and thai they
would then pay and go back to their
farms.
About 300 Adams county men have
suddenly disappeared, and are reported
lo be across the river in Kentucky.
They say they will not return. Judge
Itlnlr says lie doesn't know just yet
whit he will do concerning their case;..
TefrlfylnK Problems,
The court Is confronted with many
terrifying problems Just now, principal
among which is the dearth of men to
serve on Juries In Adams county and
the fact tliut two of the grand Jurymen
have asked to be excused from service
after next Saturday to devote their
time to private business. There are
several criminal cases on the court
calendar which will have to lie tried |
Judge Blair says that almost all the
men In tile county who are qualified
to serve as Jurors have either been
disfranchised or arc under Indictment
and probably will be disfranchised.
Two of the Jurymen have asked to be
allowed 10 retire, but Judge Hhilr says
he doesn't want to let them go, and
will plead with tliern to remain. They
have lost several hundred dollars now
by serving us Jurors and allowing
their business to stand.
Women and Preachers,
Among the people who are here to?
night are four women and three,
preachers, all of whom will appear to?
morrow morning and in all probability
plead guilty. The women come from
the rural district back of .Manchester,
Where they live with their husbands
and families. The pastors will plead
guilty and ask that their names be
kept secret, so that they may retain
titeir pulpits.
Icslerday morning Judge Blair sen?
tenced and fined two preachers, and
said that he was importuned to say
nothing about llieir case, and granted
the request.
Six men from Manchester "were
brought hero this afternoon nnd arc
now In Jail awaiting the opening of
court to-morrow morning at fl o'clock.
All these men were among those who
were first Indicted. The deputies who
arrested them at 1 o'clock this morn?
ing say they have been telling their
friends what they would do to Judge
itlair and the Jurymen, and for this
reason Judge Blair thought it best to
have th?iu a.-re.'ted at night.
DEATH DREAM COMES TRUE
Mnn .Mangled by Train as Wife Sair
In a Vision.
Southboro, Mass.. January J.?The
dream of Mrs. Archie Dupree. of .South
Kramingham, that the mangled body
of a man found on the New York, New
Haven and Hartford Railroad tracks
here Sunday was that of her husband,
proved true, the body being Identified.
Mrs. Dupree dreamed on Silndny night
Hint she saw her husband crushed to
death between two freight cars. When
he failed to return to Iiis home in
South Kramingham Mrs. Dupree told
her brother-in-law, Christopher Dupree.
about her dream. He came here and
identified ills brother's body.
CHURCH DYNAMITED
Sanctuary nnd Part of Auditorium
Wrecked.
Indiana, Pa.. January I.?An effort
was made to-day to destroy the Holy
Cross 1 Ionian Catholic Church at lselin.
near here, with dynamite. Only n por?
tion of the explosive went off, bill this,
which hefl been placed under Ihc altar,
Wrecked ihc sanctuary and a portion
of '.be nudltorittm. There Is no clue
to the plotters. t
PARK FOR PHILADELPHIA
Sirs. I.lpplnrnft <;lvca l.nnd In Grrmnn
fi'ivn Valued a* ?100,000.
Philadelphia, January 1.? Land
valued at $100,000 was presented to
this city for park purposes by.. .Mrs.
J. Bertram I.Ipplncott. Mrs. Harrison
S. Morris nnd Miss Mary Whart.v.i,
daughters of the late Joseph Wharton,
an Iron manufacturer. ,
The land is located in Oer man town, a
suburb, and is known as Fisher's
Park.
,WAS JONES'S LUCKY DAY
Friend flroke a Uriels on Xrsrrn'ii ITend,
and a Hin? Dropped Out.
.foplln, Mo., January 1,?Washington
Hamilton Jones, a colored hotel porter
here, is a lucky person. Yesterday a
friend lilt Jones on the. head with a
brick. The blow broke the brick, and
i diamond ring, said to bo worth $50,
dropped out.
Jonos grabbed tho ring and ran. His
head was not Injured.
ROBBERS LOOT TWO BANKS
ICscnpe Willi ?K,OOtl, After IJynnmUlnir
Vaults In Knm,sh Town.
Watervllle. ICnn.. January J.?Five
robbers dynamited the safes In tho
Citizens' and Stale Batiks and escaped
with $8.000. The. Citizens' Bank lost
$6.000 and the State Bank $2,000. The
buildings were wrecked.
Tho' robbers cut the telephone, lines
lending to Marysvllle, Kan., and then
escaDcd in an automobile.
attempts suicide
Sprnrcr I?. Artnixn Slnnhcn Thront With
A Razor.
ISperlal to The TlmcM-IJInpntch.|
Greennhoro, X. C, .Innitnr.v I.?Kx
.ludge Spencer B. Adams, or the C.'hoc
rnk nnil t'litcknnnw Indian t oiirts.Okln
, I. ami n prominent figure In Rr
I Publican politics of thtn. Stale, ?(tempt?
ed nuirlde in n nnnrtt?r|tim here lo
| nicht. The nttempl, no fnr an run he 1
I nnccrtnlnrd, nna made nlioiit S o'clock,
i lie ?n? removed lo n hospital, nhrrr,
I nl 'Z o'clock thin iimrnlntc(,It won stated
I Hint he won nllve. "sntlilnu. farther
' nn? Riven out, nil mli-nipt* of ncu?
! paper men to lenru tlirf'ttlrni ot bin
t wonniln hcliijt frontrated ? fey the nt
trndliiK phynlrlnnn.
It wan lltitO o'clock before Ihr leant
I InklliiK of Ihr ncl ennte <??'' Ihe Krncrnl
I public, nnil ii fir, two honrN of qllrn
i tinning of family and trlcndn, the fol
I lowing fm ik were lenrnedi
I Two weck? ?ki> Judge tdnniK re
I turned from n trip to Florida. Mr hud
I breu drinking- heavily, nnd n few dnyn
nftrr IiIm rrlurn he cntei/ed the Keeley
, Institute Uere for trcnftucnl. Tn-nlKht
he Im nnld to have nppe'njrrd uniinually
dcnpnndriit, and the fears of rrlrndx
nnd nttendnnln were realised when he
wan round with Mm throat cut.
While nothing official Ik iilv'rn out.
It In nnld .that the wound In nbout
thrrr inchrn ncrown the throat, nnd I
apparently nn Incli deep. A rnr.nr wan j
I used.
? .Indue tilniun In onr of the lending
j tlBiiren In .Vorth t'nrollnn State poll
; tlcn, hnvlnc bren . Slate chnlcmnn of
! Ihr Republican party two yrnrn ago,
? nnd he ban held ponltion* of Sinpftrt
, oner under thr government, lie linn
not bren n hrnvy drinker, nnd hin nc
tt?nn nlner returning from the Florida
trip hnvr cniinrd great worry to fmnlly
anil frtrmln.
ground squirrels costly
A Ilor.cn of Them Burrow Into Canal, I
Canning- 8">l>0,(>00 1,6mm.
Washington, January I,?One dozen i
ground squirrels that burrowed Into ah I
embankment on the Turlock Cnnal In '
Stanislaus county, Cnl.. last .May
caused a serious washout that re- I
suited In upward of $500,000 loss, ne- '
?Ording lo Henry W. Mcnsh'aw, chief 6J
the government Hureau of Blologictil
Survey.
i Mr. tlcnshaw, In an official stntcincnt
1 submitted to Congress, says Hie squir
reis necessitated changing the line of
i the canal tit a cost of $25,000, the labor
i of rebuilding occupying three months,
and depriving the ranchmen of water
when most needed for irrigation, thus
; entailing an lmiuen.se loss.
Collectively, according to Mr. Hen?
sliaw, thei r ar.. more titan Blxty ?
species of ground squirrels. Inhabiting
2.000,000 square miles, and the annual
lo"s from these animals la Officially] |
estimated at $12,000,000.
texas shivering
Cold Wave Conies I,nlr, But .\n l.rnn
Severe.
i Dallas. Tex.. January 1.?North Texas
\ is lo-nlglit shivering under the cold
wave which was promised Saturday by
the weather bureau. Amarilln. Ill the
l'anhaniii". reports half an Inch of snow
and high Wohds and twelve above zero.
A further drop of eight degrees is ex?
pected.
Warm weather prevailed in Dallas
nnd vicinity until this afternoon, when ';
a cold wind came out ?f the north and
In four hours there was a drop of
about, fifteen degrees In temperature,
.with the wind Increasing, nnd Indica?
tions that the freezing point would be
I reached by morning.
I harrison's whiskers poor
IThe, Betrayed Work of Connie,rfrlfrrn
I? Secret Service Mrn.
Washington, January 1.?A poor spot
j in President Benjamin Harrison's
j whiskers in a portrait of him on a $.*>
! bill lias betrayed a gang of counter
i fclters.
j' The secret Service men picked up the
I new bogus note. It Is a counterfeit on
I the Citizens' National Bank, of Water
bury. Conn. It was made by a pliolo
i mechanical process on ti fair quality of
! paper, but has none of the little telltale
silk threads, so it wlfl be easily to de
i tcet.
President Harrison's portrait on the.
left .end of the note Is very poor?in
fact, the bare spot in his whiskers first
brought the counterfeit to the atten?
tion of the Secret Service men. '
paper towels in school
? Trnt to Ilr Made in Rattans?Onr for
I F.ach Child.
Topcka, Kan., January 1.?E. T.
Fall-child. State Superintendent of Pub?
lic Instruction, has made arrangements
to have a test made of paper towels
for the Kansas schools.
If the test is successful his plan is
j to furnish all pupils in tho Katlsas
j schools with individual towels.
; bullet hits eyeglass
, l,ena In Shuttered, but Slug In Stopped
nnd tlnv In Not Hurt.
Plttsburg, January 1.?As William
Bossel*; eleven years old, was walking
I along Homestead Street, a spent bullet
j struck a lens of ills glasses.
' Tile glass was reduced to powder.
I but the boy closed his eye and bullet
anil glass fell to tlie sidewalk, the re?
sistance preventing the ball from en?
tering his eye.
not a?esc^pe?prison
Sing Slug Detective Found Columbia
I Pa. I Police Made a Mistake*
('olunibia. Pa;, January 1.?New York
State Detective James Jackson, of
Slug Sing, arrived here to take bock
to prison Robert Boylan, who escaped.
A Sing Sing keeper aDo arrived, and,
after seeing the prisoner, declared he
was not tho man wanted.
M. Kurnion Head,
St. Petersburg. January 1.?M. Karu
Io0". a Constitutional Democrat, and
one of the most influential members of
the Duma, died to-dnv from meningitis.
He will be a great loss to the Jewish
j dissident causes, of which he was
j chump'on.
! Freezing Weather
Predicted for Week
I Wanhlngton, I). C, January 1.?
i Generally unfavorable weather in
predicted by the Went her Bureau
for New Venr'n Monday and the fore?
part of thr week. The disturbance
that punned over the .Mlnnlnnlppl
valley to-dny Im scheduled I? renrh
the Atlantic Stolen hy to-morrow
night, stormy wrntber bring In
prospect. Bnln and "snow In cen?
tral and .Northern Statrn, with rain
In the Southern Stairs In thr Wea?
ther nnrenu'm foreeant for the flrnt
I riny-M of the week throughout the
country.
! A cold wave 1* expected to follow
I the ?tnrmn, freezing weather bring
promised for regions hn. far south
as Florida and the Gulf of .Mexico.
jPall of Gloom Hangs
! Over Aviators and
Spectators.
[ascents made,
but cautiously
Funeral of Hoxsey Will Be Held
To-Morrow, While Rites Over
Remains of Moisant Were
Performed Yesterday.
Both Men Leave For?
tunes in Winnings.
I.os Angeles. Cnl., January l.?There
I were flying events at nviatlon llel? to
I ilay, but the memory ?>f Arch lloxscy'a
death hung like a pall over aviators
an<l spectators. The liters worked as
I cautiously as did the early pioneers In
i|h?ir aerial experiments that brought
Might within the rcnlm of accomplish?
ed sciences, for the wind was almost
j as treacherous as It was yesterday
j when It caught Hoxsey and tossed him
j to death.
All the aviators ascended) but they
flew apparently only because their con?
tracts called for daily nights, and be?
cause there were people In the grand?
stands. None ?,f them remained In the
air more than a lew minutes, and long
before the. program was completed, the
committee dismissed the spectators
with the announcement that the meet,
Which was to close. Tuesday, would
end to-morrow. Tuesday is the das
set for the funeral of Hoxsey.
Walter Rrooklns, who coached Hox?
sey In the art of flying, was pule and
nervous to-day when he brought his
biplane on the field and. In the short
flight he made, he never once attempt?
ed the thrilling spiral dives which he
originated, and which Hoxsey was em?
ulating when ho fell.
Keep* Close to Ground.
Partnalcc, the only other surviving
member of the Wright team of four
that started West a few weeks ago,
olso kept close to the ground. Hubert
l-athum was the only aviator to keep
his machine up more than half an hour.
Radlcy, for a time, refused to attempt
a (light at all. ,
While Kugene Kly was making a
flight, a guy wire parted anil becoming
eritaiigled In his propeller, broke a
plere ort one of the blades. Kly point?
ed his machine downward, taking a
sharp angle to get lo earth as quick
ly as possible. A shout of apprehension
rose from the spectators, but Kly
landed safely with a jolt thai only
jarred him.
Hoxscy'a body was removed to Tasa
dcr.a to-day. where It will lie in a mor?
tuary chapel until Roy Knabenshiie,
manager of the Wright team, com?
pletes plans for the funeral.
...1 funeral expenses will' he borne
by the Wright brothers, and a eom
pciei'.t sum will be given to Mrs. Hox?
sey. It was learned to-night, thai
every cent which Hoxsey made during
his entire aviation work will he .Tiven
to his mother.
e.rs. Hoxsey, mother of the dead
aviator, will also receive approximately
$111.000. it Is said, from the aviation
j committee, as the winnings of her son
during the meet.
I'unrrnl of Moisant.
New Orleans, l.a.. January 1.?The
! funeral rites over the remains of joitll
Moisant, the famous aviator who was
killed here yesterday morning when
he fell with his Ulerlot monoplane.
I breaking his neck, were held this
morning. Rev. James Malone, of St.
John's Cathedral, officiating. The hods
was placed In a vault in Metairle Cem
j ctcry until other arrangements are
made.
Among the large list of honorary
pall-bearers, made up of prominent citi?
zens of this city, were the team mates
of Moisant, Rene Simon. Rene Hairier,
Roland G. Garros. Charles K. Hamilton,
John J. Frlsble, Kdmond Audemars and
Joseph Seymour.
-Affecting scenes marked tho funeral.
' wo.ch was private. Great banks of
flowers, including handsome offerings
from tho aero clubs of America, of
France and of Great Britain, another
from the team mates of Moisant, and
many from admirers and friends all
j over the country rested about tho cus
| ket.
The two sisters of Moisant, and his
brother, Alfred J. Moisant. and Albert
S. I.evino. general press agent of the
International Aviators, left tp-night
for Jacksonville. From there the
[patty will go to Havana and Inter
l<> New York City, arriving in the lat?
ter city about January 12.
An Inventory of the personal effects
of the dead aviator to-day showed that
he had about $12,000 In currency and
gems. It is believed his estate will
total $1.10.000, which will be held in
trust for his boy, now In school in
Hotchklss, Cal.
The International Aviators go from,
here to Dallas. Texas, thence to Okla?
homa City.
Ilelleved HIinMcIf Safe.
That John B. Moisant believed him?
self safe in an aeroplane under any
circumstances is shown by this state?
ment, made to-night hy Albert S.
l.evlno, press representative.
"Mr. Moisant said to nie two days
before bis death:
"'If I thought I Should be killed In
making a flight I would not go up in
the machine, but I think there Is no
possible danger if the machine Is
properly adjusted before the ascent is
made. " l do not expect to die In ti*
aeroplane.'
"A thorough examination was made
to-day of the machine which Mr. Moi?
sant used." continued >jr. l.evlno.
"Kvery statement by witnesses llgrca
upon I wo points:
"Thai Moisant nllempled to land ap?
parently when no necessity arose for
his landing at that particular moment
or at that particular point, and that
when be started to land lit; was flyliyf
with the wind
"The conclusion Is . that something
went wrong inside of the Ulerlot,
which compelled htm to seek the
ground immediately.
"Whether the tall or rudder refused
to work.' or whether the wires for
ivlng flexing failed to perform their
functions properly will never be
learned.
"The machine Mr. Moisant used was
the same one wllh which he secured
second place In the International cup
race at BeJmont Park. The tank used
(Continued on Third Page.)
HAS STORMY VOYAGE
li.r. Slop-n-While llarcly Bs
cnprn DhiMh r.
Jacksonville, Fla., January I.??nTho
houseboat Stop-a-While, from Bast
port, Mr.. to Miami, Fla., has Just
passed through pile of tho roughest
voyages south on record. The troubles
of the houseboat started last week off
Cape Fear, whore. In high winds, It
was found that the gasoline anil oil
had escaped. The government steamer
C. B. Comstock arrived in time to pre?
vent tue pleasure craft going aground,
.?mil finding thai a landing was Im?
possible, started towing the craft south,
and arrived here to-day.
In a gale two days ago the tow
parted, leaving the houseboat helpless,
?fhi- tug Three Friends found the vessel
In distress near (he bar, and got a line c
to her just as the vessel was Hearing
the breakers. The houseboat was leak?
ing badly when towed into port. The
guests of the owner. Captain A. C.
Wlswcll, were exhausted.
CHARRED BODIES FOUND
.11 a u and Woninn .licet Menth In llont
house Bungalow,
Allantie City. N. J., January 1.?The
charred bodies of John McAleese and
Kate Williams, or Donovan, were found
to-day In the ruins of a boalhouse
bungalow in Ventnor City, near here,
after the lire which destroyed the house
had been extinguished. The firemen
entered the house with a hose, and
stund led over the body of the man on
I the lioor. The woman's corpse was
1 found later on the bed, and it Is ho
| Moved the man was trying to tight his
way through the smoke to a window
when overcome,
McAleese and tho woman came here
about a month ago from Ocean City;
McAleese, who was formerly a Wealthy
contractor In Ocean City, failed some
time ago, and had been working here.
Ills wife, from whom he had boon sep?
arated for several years. Is living in
Philadelphia.
BANKING IN THE SOUTH
In Post Year 3011 New Institution*
Wrrr Orgnnl/.ed.
Atlanta, Ou., January 1.?During the
year 1910. ,'l9n new bunks were or?
ganised ami began business in the
South, with aggregate capital of ST,
420,000, seys the Southern Hanker.
Fifty-live hanks that began business
previous to 191(1 Increased their capital
(2,541,500 In the aggregate during the
year just closed, making a total acces?
sion to the banking capital of the South
"of *ti.9t)4,."iiio. The total number of new
hanks Includes llt'ty national and 343
State, private hanks and trust com?
panies.
The 1,460 national bunks In the South
have capital, surplus and undivided
prollts of $258,020.000, as against $2 10.
?101.poo at the close of man. a net In?
crease of nearly $18.000,000 for the na
j tlonnl hanks alone In thirteen Stales.
JAMES BRYCE RETURNS
He Sayn There Will He no Wnr Be?
tween Peru and Keundiir.
Now York. January 1-?lames Hryce.
British Ambassador to the United
Males, arrived here to-day from Liver?
pool on the While Star liner Cedric,
returning by way of Kngland from
bis recent tour of the South American
republics. Andrew Carnegie and Court?
ney W. Bennett, the British consul
general here, met. him at the pier.
Mr. Bryce reminded his questioners
that an officer of Hie diplomatic ser?
vice cannot talk polities, hut he volun?
teered a personal opinion that there
would be no war between Peru and
Kcundnr. Accompanying him were Wil?
liam Gi C. Oladston'e; a grandson of
the Grand Old Man, who has been ap?
pointed an honorary attache to the
British embassy at Washington.
JOY RIDE TO DEATH
Young Womnn Killed nnd Two .lieu'
Injured.
Baltimore, Md., January 1.?Miss
Anna Forwood Is dead and Charles .1.
Hayes, chauffeur; Miss Inn Cross and
James Powers, a druggist, are cut and
bruised In consequence ol' a "joy ride"*
accident just before midnight last
night. The nccldcnl occurred In Bal?
timore county, north of this city. On
n sharp curve at tin- bottom of a hill
tho rear wheels of the automobile
skidded, and tin: machine overturned
in a ditch, pinning Miss Forwood under
It. She died before she could bo taken
from beneath tin- car.
WOMEN MUST BE JURORS
Governor of WaMh'laglnn IJcnlcN Peti?
tion in Kxciupt Them.
Olympia, Wash., January I.?Gover?
nor Marion E. Hay denied yesterday
the petition of the women of Sunny
side that he recommend to the Legis?
lature a bill exempting women from
jury duly. He sniff:
"Ladles who recently served on a
Jury here. |hc first since suffrage took
effect, are earnest nnd sincere in theli
belief thai women should serve on I
juries. The trial Itldgo of the case'
praised their services highly, and urged J
that women jurors he generally culled j
upon.
"I have been advised that prominent
I women of the Stale generally favor I
scrvlpg on juries, and l shn.ll make no
I recommendation otherwise."
GENERAL CURTIN DIES
Given Ills THIc for Bravery In Action
DnrlnK Civil Wnr.
Bellofontc, Pa., January I.?General
John I. Curtiu died suddenly of heart
failure to-day. aged seventy-two years,
He was a hall' brother oj War Gover?
nor Andrew G. Cttriln. When the War
Between the Stales broke out, he went
to Hie front as a member of the Bollo
fonte Fonclblcs. Litter he re-enlisted
as captain of Company A. Forty-fifth
Regiment, and for hraverv In "action
was promoted to the rank? of brigadier
general.
ROBIN RECOVERING
Mny Be Fit to Appear In Court Next
Wedncsdnj.
New York, January 1.?Joseph G.
Robin, the Indicted banker, had so fat
recovered to-day from the dose of
poison ho swallowed last Saturday that
physicians at Beljevue Hospital, where
ho Is confined under constant watch In
"The prison ward, think he will be fit
lo appear in court next Wednesday.
EARTH SHOCK AT BRUSA
Mausoleum of Sultnii Orklinn Gbn/{ In
Damaged.
Constantinople, January L-- A strong
earth shock at BrtlSR, lit Asia Minor,
yesterday damaged the cupola of the
mausoleum of sultan Oxkhan Gharl.
No lives were lost, but many houses
were partly wrecked.
Supreme Court Will
Hear T w o Famous
Cases Reargued.
CRUCIAL LAW
TEST INVOLVED
If Standard Oil and Tobacco
Trusts Are Dissolved, Gov?
ernment May Be Compelled
to License Corporations
That Legitimate Business
May Be Carried On.
Washington, January 1.? Prosecu?
tions by the government, designed to
accomplish the dissolution of "Standard.
Oil" and of the American Tobacco or?
ganizations, embodying the greatest
?'anti-trust" light ot the generation.
Will bo taken up for the second time
by tho Supreme Court ot the United
States at the beginning of its worlc
for the new year. Continuing its con-,
slderatlon of affairs of government, the
court immediately afterwards will giv?
Its attention to the constitutionality of
the corporation tax provisions of the
Payne-Aldrich tariff act.
AH three cases attracLed world-wida
attention when first presented to tho
court about a year ago. With the. ob?
ject of procuring consideration by a
full bench, they were set for re-argu-'
meat, on January 3. Intervening cases
will cause a delay until probably Jan?
uary .", when it is believed the argu?
ments In tho tobacco caso will begin.
Tho Standard Oil and the corporation
tax arguments will follow. About;
three days will be required for each.
Cruclnl Test.
The Standard OH and the tobacco cases
put the Sherman anti-trust law to tho
crucial test to which It has been sub?
jected during the twenty years of its
existence. The corporation tax cases
place on trial tho power of tile Federal
government over corporations. The
contention has been made that It tho
Standard Oil and tobacco organizations
are dissolved tho government will ba
forced to license corporations in order
to allow legitimate business to be car?
ried on. Tho corporation tax decision
may define the power of tho Federal
government over corporations so as to
guide this proposed subsequent legis?
lation. Incidentally, about $20,0110,0 on
annually In taxes depend upon the de?
cision.
Although the tobacco case is to be
argued llrst, the Standard oil' suit baa
aftructed more attention. Attorney
Ucncra-I Wlekcrshain has referred to
the Standard Oil caso as probably the
most important that ever came before
the court.
The Standard Oil suit was Instituted
In I?06, In the Circuit Court of tho
Fnlted States for the Eastern Division
of the Kastern Judicial District of Mis?
souri. The Federal government, was
tlte complaining party. It. claimed that
the Standard Oil Company of New Jer?
sey, as a holding company, acquired
since IS!)!) and held by direct stock
ownership, sixty-live companies. Thesa
sixty-live, it was alleged, owned tha
stock of forty-nine other companies,
making a total of lit companies. The
government asked that this organiza?
tion be dissolved under the Sherman
anti-trust, law.
Loses In Lower Court.
A year was tnlcen by the four judges
in the Circuit Court, to pass on the
case, By unanimous agreement, a
decree was entered by the court dis?
solving the organization, both because
it was in "restraint of Interstate com?
merce" and because it was "attempt?
ing to monopolize." Before the. decree
became effective, an appeal carried tho
case to the Supreme Court.
The tobacco case was Instituted In
lfliiT. in the Circuit Court of tho Untted
States for the Sontheim District of New
York. The government here, too, was
the complaining party. Allies in tha
various branches of the tobacco busi?
ness, with combined assets of mora
than $400,000,1100, constituted the or?
ganization which the government
sought to have ttic court dissolve.
The four Judges each rendered sepa?
rate opinions in the tobacco case, but
three of them united In a decree, hold?
ing many of the corporations lind en?
tered into a combination "In restraint
of trade" in violation of the llrst soo
I lion of the Sherman air.i-trust net.
j These three decreed the dissolution of
litis combination. Other corporations.
Including the United cigar Stores Com?
pany, the Imperial Tobacco Company,
and the British-American lobacco
Company, were found not to be in the
combination. None was held to be
??monopolizing" in violation of tho sec?
ond section of tlie Sherman anti-trust
law.
Interpretation of Law,
The application of the Sherman antl
irust law to these two organizations
involves not only an investigation into
the facts, but includes an lnlcrpreta
I tlon of ihe law itself. The principal
I uncertainties in regard to the law
cluster around three words In the
statute. These words form tho basis
ot three questions: What is "com?
merce". What is '"restraint" or trade
or commerce? What- is it to "monop?
olize"?
Around "What Is commerce."' tiio
principal light In the tobacco case
probably Is to be found. The com?
merce which the government claims Is
being restrained and monopolized la
not commerce, according to the tobaccu
attorneys. U Is nothing more than tho
! manufacture of an article which later
renters Into commerce. The bulwark
j behind which the tobacco organization
is making its fight along tills line Is
I the famous Knight decision, made oven
j more famous by the reference to If by
former President llooscvelt last fall in
criticizing the decisions of tho .Supreme
I Court. In that case the court declined
to suppress nn alleged monopoly .in
j (ho manufacture of sugar, on the
' ground that It. had authority to Pro?
ceed only by way of preventing monop?
olies In commerce. Tho tobacco cor?
porations claim that they are con?
cerned only Incidentally in commerce.
I Again, tite dispute as lo what 19 ln
' eluded in the word "commerce," as
I lofcrrcd to in the Sborman antl'tru?