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HERE FOR FUNERAL Arrangements Com? pleted for Burial of Bishop Van deVy ver. CARDINAL WILL AutdVE TOIMIGHI Body to Lie in State at Sacred n Heart Cathedral To-Day?Of? ficers Designated to Celebrate Requiem Mass?Active and Honorary Pallbearers Named. YVIlh all of the Impressive cere? monies of the Catholic Church, the last rites over tho body of Ht. Hew Augus? tine Van de Vyver. sixth lilshop of Jtlchmond, will be eaid to-morrow morning. Prelates anu priests from nil parts of the country began to ar? rive yesterday and others are expect? ed to-day, Inducing Iii? imminence James Cardinal Globons, oi Baltimore, and II'3 Excellency Most lie v. 1'- Fal coino. papal delegate, of Washington, huty-foijr priests, representing the Diocese of Virginia, will be here for the funeral. At 10 o'clock this morning the body of the bishop will be removed lroin the episcopal residence to the Sucre.1 Heart Cathedral, where it will lie in State. Admit Public al Noon. At noon to-day the doors of the cathedral will be opened and the pub? lic permitted to view the remains of one who ruled with sincerity and with a gentle hand over the Catnollca of Virginia for twenty-two years. The doors will be closed at the will of the guurd of honor. However, it is likely that those who care to do so Will have sn opportunity of passing into the cathedral until S o'clock to-night. Kerjulem m.t?s will be celebrated to? morrow morning at 11 o'clock. No chil? dren will be admitted. But In order tint they may participate in the cere? monies, a special muss will bu auld at s o'clock to-morrow morning for their benefit by father J. B- O'Reilly. Cardinal Glbootib Is expected to reach the city to-night at 7:30 o'clock, but it was said last night that it was not then known in Richmond the exact time that the distinguished Cahoilc would arrive. While here he w;ll be :bo gueat of the Very Rev. J. J. Bow? ler, administrator. Prelate* and Priests at Funeral. The following prelates and prleHta, not In this diocese, ure expected to bo present: Cardinal Gibbons. Mgr. Falconlo. Ht. Rev. I'. J. Donahue, Bishop of Wheeling, W. Va. Rt. Rev. J. J. Monagh&n, Bishop of Wilmington. Del. Rt. Rev. Leo Haid. O. S. B., Abbot Blsnop. Belinont. N. C. Ht. Rev. 11. 1'. Northrop, Bishop of Charleston, S. C. Rt. Rev. B. J. Ketley. Bishop of Sa? vannah, Oa. Rt. Rev. W. H. Kenny. Bishop of St Augustine. B'la. Rt. Rev. H. Gabriels. Bishop of Og densburg. N. V. Rt. Rev. C. I'. Maes. Bishop of Cov Ington, Ky. Rt. Rev. Thon.as Meerschaert. Bishop of Oklahomu City, Okla. Rt. Rev. C. VanUcVen, Bishop or) Natchltoches, Lu. Very Rev. Dr. Dyer, president of St. ;?!.-. .. University, Baltimore, Md. Very Rev. R. K. Wakeham, Dun tvoodlo Seminary, New York. Very Rov. P. M&sson, V. F., Allen town, Pa. Very Rev. F. X. McKennj?, president of St. Charles College, Elllcott City, Md. Jesuit Fathers from Georgetown Uni? versity, Washington, D. C. Very Rev. J. D. Budds, V. G., Charles, ton, S. C. Rev. P. C. Gavan, chancellor. Arch? diocese of Baltimore. Rev. J. F. Prim, pastor of Mater Do? lorosa Church, New Orleans. Sixty-four priests from Virginia are expected to be In attendance. They will assemble to-morrow morning at 10 o'clock at the pastor's residence, In order to participate in the recitation of tho office for tho dead. To Celebrate itequleui Maas. The following officers have been des? ignated to celebrate tho requiem mass: Celebrant?Rt. Rev. Bishop Gabriela Deacon of the mass?Rev. J. T. O'i-'arrell. Sub-deacon of the mass?Rev. C. E. Donuhoe. Archprlest?Very Rev. J. J. Bowler, administrator. Preacher?The priests of the diocese have requested the Rt. Rev. C. 1'. Maes to deliver the funeral oratou on ac? count of Iiis lifelong friendship for the deceased bishop. Absolution?His Eminence, James Curdnal Gibbons. Absolution at the grave?Rt. Rov. Bishop Meerschaert. Masters of ceremonies?Rev. D. F. Coleman, Rev. F. G. Mugrl, D. D., and liev. Father Charles, O. S. B. Acolytes?Rev W. A. O'Hara and Rev. J. A. Kelllher, Ph. D. Censor bearer?Rev. J. M. Perrig. Candle bearers?Rov. F. P. Lackey and Rev. J. Glenn. CJiaplains?One priest for each pre late to bo appointed. The Pall-Bearers. . The pall-bearers, who will meet to? morrow morning at 10:15 o'clock at the pastor's house, to march in a body to the church as the body of the bishop will remain there, will be as .'ollows: Active?A. Cnvanaugh, J. c. 1 lagan, H. Holzgrofe, Joseph BUley, John Blake, i\ H. Nott, John J. Lynch, John M. Miller, Jr. Honorary?Mayor D. C. Richardson, Henry Hutzier, L. Z. Morris, former Covernor Andrew Jackson Montague, Jatdes N. Boyd, Judge Samuel B. Witt, Judge John H. Ingram. Judge A. I,, liolladay, Eppa Hunton, Jr., W. L. T. Ju.gerson, Dr. Georgo Ben Johnston, T>r. Joseph White, Dr. Manfred Call, Pr. D. J. Coleman, Fritz Slttordlng, " (Continued on Seventh Page.i 1 Government's Claim of Great Victory Is Hard? ly Sustained. CASUALTIES ARE REPORiED HEAVY Chinese Rebels Fall Back on Wu-Chang After Desperate En? gagement Lasting Through? out Day, While Imperial Troops Hold Trenches and Station. The imperial Chinese troops and the revolutionists have come to gnps at Hankow. The battle a? yet la indeci? sive. The government at Peking claims a great victory, and the government troops hold the trenohea at Hankow, aa well u.s the station, where rein? forcements are hourly arriving. The tebeia have fallen back on Wu Chang, which. It Is said, they have succeeded In strongly fortifying lit the past lew days. '1 he casualties on both oiues in tne engagement are reported to be large, lor the fighting at times v?as at toe bayonet point. During the battle between the land for es, the Chinese warships shelled the rebels' position, but dispatches from Hankow indicate that the return Pre Iron, the, fort? *ns much more ul fectlve, and that at least two of tho imperial gunboats were l/adly dam? aged. American warships have been or? dered to Nanking, Shanghai and Tien Tsln. T.io Abar&nda. which Is proceed? ing to Tien Tsln, is carrying a de? tachment to reinforce the American legation at Peking. The capital Is strongiy guarded, and there seems to be little danger of disorders there. The prince regent hus yielded to the demands of Yuan Shi Kal. who. it is .1;will raise his own division of Lroopft numbering 10.000, for the pur pi -? of controlling the situation in the provinces of Hu-Peh and Hunan. In addition, the new viceroy has been permitted to cash a personal grant of l.'.OOO.OuO. Fighting I.anta All Day. London. October IS.?A special dlr patch from Hankow to-nlghl says the Imperialists still hold the trenchee, but have lost several hundred men killed or wounded. Fighting lasted all day. The revolutionaries, after re? pealed but unavailing bayonet charges, fell bock to Wu-Ch.ing. Train loads of wounci-d were brought Into Han? kow. Government Clnlma Victory. Peking. October IS.?The Chinese government claims to have won a great victory at Hankow, and it an? nounces that the government troops hold the station, where- troop trains are arriving rapidly. Although this appears to be an exaggeration of facts?the fight continuing?the feel? ing prevails here that the government has really achieved an Important moral victory. The belief has been held In Peking that If the first encounter between the revolutionaries and loyal ire ops proved decisive, the supremacy would be set? tled there and then. Only a few un? important towns outside of Hankow, Wu-Chang arm Han Yang have taken part in the rising. Nanking, Chang Bha. Canton and other cftlea of known revolutionary tendencies have not re? sponded to the call of ii\? Insurgents, so far as can De learned. They are seemingly awaiting the re? sult of the first encounter. Had the rebels overwhelmingly won to-day'9 It was expected the provinces below tho Yang Tse Klang would be theirs With other Important cities In rebel? lion, the government would have been unable' to concentrate lta atrength against the three in Hu-Peh province. Show National Weaknena. The rebel leaders have shown the characteristic national weakness in noc following up their early victories Dur? ing the past four days many miles of railway could have been taken under control by a modern army. The only news received by the American legation was from ConBul-Gencral Green at Hankow, announcing that the battle had bogun. Acceptance of the office of Viceroy of Hu-Peh makes Yuan Shi Kla's appoint? ment a military one, h's duty being to fight for tho provincial throne, and make it secure by reatorlng order in the two large provinces of Hu-Peh and Hu-Nan. Ylan Shi Kal Is expected to start from Peking within ten days. Owing to the censorship, even of? ficials are unable to obtain reliable nowa which they are eagerly seeking from correspondents, and the foreign legations. British and Japanese reports fall to confirm the announcement that the situation at Nanking is critical. The Russian troops have been order? ed to suppross Immediately any move? ments by revolutionists or bandits near the railway in Manchuria, with? out waiting for further Instructions A consular report says that several re voIutloi?Rta have been decapitated at Mukden. From Hankow comes the report tha detachments of Japanese and German infantry are expected there soon. A division of the old style troops, whlcn arrived here yesterday, are quartered In camps and .Jthe temples around the various city gates, and In the streets, in which the high ofllclala live. Peking; Not In Danger. Rear-Admiral Joseph B. Murdock, commander of the United States Asiatic fleet, telegraphs the legation that the protected cruiser New Orleans has been ordored to Nanking, the protected cruiser Albany to Shanghai, and the collier Abarenda to Tien Tsln, the port of Poking, bringing reinforcements to the legation guard. The American] charge here la anxious that there shall ?be no alarm regarding Pelting, as It Is ("Contlnuod on T?oventh Patro.1 FAVORITISM IN RAILROAD RATES IS REAL MOTHER OF TRUSTS, SAYS GAYNOR New York Executive Proposes Solution of Monopoly Problem. WOULD ABJLISH HOL uING COiNCJLRiNb New Mayor of Trenton Advo? cates Big National Bond Issue for Immediate Carrying Out of Waterways Plan?Presi? dent Moore Delivers Comprehensive Address. Favoritism condoned or permitted by the government Is respunsiole tor the formation and rsiiccenslul oper? ation of monopolies wnicn throttle In? dividual business enterprise and ciog tu? wheels ot commerce, in the opinion of Mayor William J. Ga> nor. ot .New York, expressed in nis auurcss oeiore the Atlantic Deeper Waterways Asso? ciation in this city yesterday. This discrimination, he asserted, is just as reprebensble when directed against a community as against an Individual patron ot the railroids of the United States. The address of Mayor Gaynor is likely to arouse public attention In that it treats the problems of railroad rebates und oi trusts an<j of neces? sary legislation from j somewhat new standpoint. Beginning with the propo? sition that the iiitracoastal waterway project Is so plain that its advantage to commerce Is obvious, the Mayor advanced to the fight now being waged by his city agatnst the differential? called by him "illegal discrimination" ?in force which favors Baltimore and Philadelphia on through shipments from the West. Then it was but a step to his explanation oi me cuUVu and cure of Illegal und unreasonable monopolies. Speech la Difficult. Mayor Gaynor has not yet fully re? covered from the wound received when the bullet of an attempted as? sassin struck him down, lie speaks with some difficulty, both as to ar? ticulation and as to volume. But he seems vigorous, and indicated plainly that he possesses two very human at? tributes? Indignation and humor. The lormcr he directed more than once at his critics, and the latter dlhplayed Itself at frequent Intervale. He. even Joked about the attack on him. He ferrlng to the docking facilities about New York, he suld he felt certain there were adequate docks In Hoboken, for he had been there himself. It was then that he was shot when on a steamer about to start on his European trip. The real root of the trust menace, said the Mayor, is In the formutlon ot holding companies, for the purpose ot controlling the stock of other corpora? tions, and thus producing u business unit or a monopoly. In fact, he said, fu the tame year when an act was passed In New York State permitting such companies, a flaming antitrust lat.' was also enacted, putting heavy penalties on combinations and monopolies. "Tho future historian." he commented, "will either conclude that we were the most arrant ? demagogues in the history of the world or elae that we did not know what we were doing or saying." Proposes Ulg Bond Issue. Possibly the most Interesting sugges? tion regarding the plans of the Atlan? tic Waterways Association * at yester? day's meetings was that of Mayor Fred? erick W. Donnelly, of Trenton, N. J. This was nothing less than a proposi? tion that the United States government should issue bonds and borrow enough money to complete the entire Intru coaatal system at the earliest possible date, Instead of relying on an annual appropriation by Congress as the work progresses. Mr. Donnelly has earned the right to be progressivein his views, for he has recently been swept from a counting room to the executive chair of New Jersey's capital city because of his efforts for Inland water trans? portation and for a commission form of government. His method of pre? senting his case did, not by any means detract from its Interest. "Some may think," suld Mayor Don? nelly, "that what I am about to say Is Imprudent. The United States engi? neers have approved practically all that Is necessary of our planB- There is a clamor everywhere for congressional appropriations. Congress has been largely controlled by the West, and t must say that our own representatives have not been so zealous as they might have been. "Statistics prove that the railroads cannot begin to bundle the commerce of the country, much of which Is ru? ined by delays and congeston. Com? plete this plan, and the farmer and the merchant and the sb'pper will have advantages thoy have never had be? fore. We are standing still, with our transportation limited to the carrying capacity of the railroads. If we are to continue to advance, there Is but one way?give the manufacturer the lowest possible rates on his freights. Need Improvement Now. "It wjll tukc twenty-five years to complete our plan If we await annual appropratlons from Congress. When a business man desjres to extend his sphere he borrows money. Whon a corporation or a municipality has some project for larger activities or for the public advantage, bonds are Issued. Why not let Congress Issue bonds and complete this work at once? "You may say that It is not courtesy to mention this and that it Is bad poli? tics to put p. bond Issue up to the Pres? ident or to Congress. Well, In New Jersey we have substituted business methods for courtesy nnd for political tactics. Issue your bonds and do tho work. Bet the twenty-seven waterway associations In the country hold one big meeting In Washington, not to stampede the President or Congress, but to set forth the reasons for our interest In the matter and to urge that something be done." Needs of tbe Hour. - .Congressman John H Small, .of North Carolina, who was the last speaker of the afteroon, and who Is a prominent (Continued on Ninth Page.) PRESIDENT J. HAMPTON MOORE. MAYOR WILLIAM J. GAYKOR. ROOSEVELT NOT SPEAKING NOW Explains Why He Is Unable to Attend Deeper Waterways (Convention. EAGER TO AVOID PUBLICITY Woodrow Wilson, on Other Hand, "Distressed" Because He Cannot Be Here. The part which former President The? odore Roosevelt will take In the com? ing national campaign will be to imitate the Sphinx, according to a letter which he wrote to Congressman J. Hampton Moore, of Pennsylvania, president of the Atlnntlc Deeper Waterways Asso? ciation, declining the honor of address? ing the association at its convention here. Colonel Roosevelt emphatically deelured: "From now on I wish to avoid making any speech that I possibly can avoid." Concluding his letter, Mr. Roo*evelt said: "1 cannot undertake anything further of any kind or sort now." These portions of the colonel's letter were taken by the waterways delegates to mean that he wished to refrain from giving utterance to uny opinions which poslbly might be misconstrued in con? nection with the prcsidental campaign. No other meaning could be deducted from his refusal to be a speaker at the waterways convention. 'It Is ap? parent from the colonel's declaration that he Intends to remain sllont throughout the entire campaign, which already has begun with President Taft's swing around the circle through the West. Characteristic Letter. Colonel Roosevelt's letter to Presi? dent Moore, written from New York under date of September 21, follows: "I wish It wero possible for my friends to realize my position, not for my own sake, but because then they would under? stand Just why it Is that 1 cannot ac? cept all the invitations which come to me- From now on I wish to avoid making any speech that I possibly can avoid, and greatly though I appre? ciate an invitation from such a body as the one you represent, It really ill not possible for me to accept. I can notu ndertaka anythng further of any kind or sort now. I am very sorry." Governor Wilson'? Regrets*. Governor Woodrow Wilson, an avowed candidate for the Democratic presidential nomination, was "dis? tressed" over his failure to tnke part in the convention, this being due to the necessity of work at home for the Democratic cause. Writing President Moore from Trenton, he expressed his regrets as follows: "I am distressed to find that It will be literally Impossible for me to at? tend the Atlantic Deeper Waterways conference. October will be filled for us with n very Important political cam? paign, with the election of the whole of our Assembly and one-third of our Senate. It Is my Important duty, I find, to put myself nt tho servico of the State Committee for this enmpngn. I hope, however, that New Jersey will be abundantly and well represented. 1 shall expect to send you a list of del? egates very soon." FIGHT FORMALLY OPENED First iiricf Filed In Cases Involving State Unten. Washington. October Id.?The fight of the States for unrestricted right* to regulate State rates on railroads wan opened formally to-day In the Supremo Court of tho United Statoa when Edmund S. Dumnent filed the first brief In the cases involving State rates. These cases have been set for ?oral argument op January 8. Mr. Durment was of tho counsel for the State of'Mlnnesota when the United Statoa Circuit Court for Minnesota hold Its State rntoa unreasonable. He will not appear before the Supreme Court as a representative of the 8tate. his brief to-day representing his vlama. BRUTAL KILLINGS LAID AI HIS DOOR Charles Marzyek, Ex-Convict, Is Suspected of Fourteen Murders. INSANE CRUELTY SHOWN All of Victims Were Slain While Sleeping With Blow of Axe. Ellsworth. Kansas, October 18.?That Charles Marzyek. ex-convlct, sought by the county authorities in connec? tion with the murder of the five mem? bers of the William Showman family here Sunday night, had been in Colo? rado Springs, where the six men bers of the Wr.yne and Burnham families were slain and wns acquainted In Mon mouth. Ills., where three persons wore murdered recently, was the startling statement made to the authorities to? day by Mrs. Minnie Vopat. Marzyek's divorced wife. All these fourteen vic? tims were killed with an axe. Samuel Showman, brother of Wil? liam Showman, head of the murdered family, Co-day started at the head ot a posse to search the country. Mar? zyek la believed to be hidden in the neighborhood. If he is found, a battle Is expected. Flee to Safety. Marzyek not long ago served a term for stealing grain from James Vopat. East night, Vopat, who is the husband of Marzyek's former wife, saw the ex convlct' in a field near his house. Vo? pat and his family, terror-stricken, locked their house and fled to the home of a Slav fellow countryman, five miles distant. All the membrs of the Slav commun? ity who had any connection with tho conviction of Marsyek went armed to? day, for he Is reported to have sworn vengeance on those responsible for his Imprisonment. Ira Lloyd, the attorney who defend? ed Marzyek In the wheut stealing case, said to-day: "I believe Marzyek will remain in the neighborhood until h-i completes his vengeance, After his sentence ha told me that, when he was released ho would come back and kill the people who were responsible for his convic? tion and also their children. "1 will put) them all in hell,' he said." I Evidence furnished by Mr. and Mrs. 1 William Showman Is said to have been largely responsible for Marzyek's con? viction. Nine persons remain hero who fear his vengeance. These persons, all of the Slav's own race, are James Vopat, Mrs. Minnie Vopat, who obtained i ; divorce from Marzyek immediately of j ter his sentence and marr'ed Vopat i nine months later: their two children, j one ten months old, the other three years; John Kat'ke, father of the mur? dered Mrs. Showman, who testified again6t Marzyek: Mrs. John Katke, and the three Katke children, Emlle. aged seventeen; Annie, aged eighteen, I and Mary, ngd twenty. Insane Cruelty. I As to a possible connection between the Ellsworth ond other tragedies, Mrs. 1 Vopat said her former husband was convictvti of forgery In Colorado Springs a few months ago. She said It was not improbable that he had boon in Monmouth lately. The same Insane cruelty on tho part of the slayer Is evi? dent In the Burnham and Wayne tragedies at Colorado Springs, In the murders of William E- Dawson. his wife and daughter, in Monmouth, nnd In the killing of the Showmans. Marzyek served In the Philippine War, and after his return to this coun? try deserted the army. He has been In trouble alnce for forging cheokii and stealing. T.'ntli he went to the peni? tentiary he was a constant fugitive. TAFT WILL BREAK TRAVEL RECORDS Extends Famous Swing Around Circle to Total of 17,000 Miles. NOW ENDING FIFTH WEEK Schedule Goes to Smash, and Train Is Late in Reach? ing Butte. Ogden. Utah, October IS.?President Taft broke his long journey from Los Angeles to Butte. Mont., with a 26 minutes" stop here late to-day. After? ward ho made other stops at Brlghum City and Logan. The presidential schedule went to smash to-day for the first time since the washouts were encountered In; Kansas and Nebraska, two weeks ago. i and it will be 10 o'clock to-morrow instead of T when the President reaches Butte. Unexpected stops 'n I Southern California lute yesterday afternoon first threw the schedule oft", i Then followed a mishap to one of the engines pulling the train through the desert last night, causing a delay that could not be made up. Governor Spry and Senator Smoot, of Utah, accompanied hy Colonel D. C. Jackltug. of Salt I-ike City. met. the President at the Utah line this morning and went as far as 1 Logan : with him to-night. With no sched? uled stops up to 3:20 this afternoon, . the day was one of the least event- ' ful of the trip. Its most Interesting development was the announcement that the President had decided to ex? tend his travels. It nlso was announced to-day that Senator Works, of California, an In? surgent, had pledged President Taft his support of the arbitration treaties between this country. Great Britain and Prance. While engines were being changed '? at Salt Lake City, Senator Jeff Davis, of Arkansas, who Is In Salt Lake City ; on hl.s honeymoon, boarded the Presi- I dent's car und Introduced his bride to Mr. Taft. The President congratu? lated him heartily. Will Brenk Track Record*. This notable swing around the cir? cle, now ending its fifth week, will not ! end in Washington on November 1. as first contemplated, but will he ex? tended until November 15 or 18. Tho] President will travel some S.000 or i 4.000 miles more than at first Intend? ed, bringing the total mileage of his tour up to between 16,000 and 17.000 j miles, an.l brenklng all known records of presidential travel. The regular Itinerary of the original trip will be followed to Pittsburg, where President Tuft will spend the j entire day of Tuesday, October si [Then. Instead of keeping on to Wash-; lngton, Mr. Tnft will go direct to Mor gantown. W. V.l. to spend Wednesday, November 1. From Morgantown he will go tr, Hot Springs, V?? to rest for five days, stnrtlng West again In time to vote at Cincinnati at the local elec? tions to be held there . November 7. The President will remain In his old home town for a day or two, and will be tendered a hsnnuet. Following the Cincinnati trip. Mr. Tnft probable will go to Hodpensvllle, j K>\. to participate In the dedication j of the Lincoln fnrm memorial. There' are two or three tentative dates In' Tennessee following this, and then Iti Is expected Mr. Taft will return to Washington In time to rrepore hlsj message to Congress, which meets the! first Monday In December. The dates: of the supplemental trip have not been fixed beyond Cincinnati na yet. hut probably will he announced within the next few days. According to Presldont Taft's plans he will discard hla special train either at Chlrago or Plttsburg and will make the supplemental tour (Continued on Second Page.) ~ BY COMMISSION 10 REOPEN DOCK Bondholders'Committee Must Repair it by December 1, CANAL PROPERTY PUBLIC HIGHWAY Suit Entered by City and Busi? ness People Decided Against Syndicate, Which Has Per? mitted Dock to Lie Idle for Months?May Go Up on Appeal. Under an opinion handed down yes? terday morning by tho State Corpora? tion Commission, the bondholders' com? mittee of tho William R. Trlgg Com? pany Is ordered to repair the eastern lock so that tho City Dock, held now to be a public highway, may be. re? opened and operated for the benefit ot shipping. The bondholders' committee has until December 1 to comply with the ruling of the court. The dock has been closed for months. Efforts made by the city of nichmond. acting Jointly with the Chamber of Commerce, failed heretofore to have tho property re? stored to traffic, the legal fight going finally to the Corporation Commission. Tho formal complaint was filed by citi? zens who alleged that their business was being Injured by the arbitrary refusal of the owners to repair the lock, the breaking of which had rend? ered the canal useless. Within the past few months a real estate firm has offered to sell tho dock to the city, but the proposition war never acted on. the Finance Committee of the Council being unwilling to buy the property when It believed that the court would order It kept open for navigation. This voctory for thu city came yesterday along with the Mayor's approval of an ordlnnnce appropriat? ing the sum of $35,000 for the erection of a municipal wharf on the north aide of the James River below Gillie's Creek Ordered to Reopen Dock. "Along with Its opinion the Corpora? tion Commission entered the follow? ing order: "The commission having maturely eonaldtred the evidence and the argu? ment of counsel, for the reasons stated in the written opinion filed as a part of the record. Is of the opinion and doth therefore decide and determine that the defendants hold the property known as the Richmond Dock subject to the liabilities, duties, and responsi? bilities of a public service corporation, and that the said property Is a canal, a public highway and a work of Inter? nal Improvement. "Therefore, It Is considered by tha commission that the defendants pro? ceed forthwith to the performance of their duties to the public with refer? ence to the Richmond Dock Imposed upon them ns owners of the property by the laws of Virginia, and they ore especially ordered and directed to pro? ceed to repair or renew the gate of tho eastern lock so as to make the dock and oanol safe for navigation, and to have the same completed and in opera? tion on or before the first day of De? cember. 1911." The opinion in rhe dock matter was prepared by Chairman Prentls, of the commission, Commissioners Rhea and Wlngneld concurring. With this unan? imous verdict. It Is not believed by those who fought the bondholders that the Supreme Court will set aside the order when the matter goes there on appeal. Opinion hy Commtealon. The full text of the opinion follows: Opinion, Prentls, chairman. The petitioners allege in substance that the defendants, as the owners of the property known as the Richmond Dock, are charged with the duties and obligations of a public service corpora? tion, and that having closed tho same on July 6. 1911, they are now dorollct in the discharge of such duties In fall? ing to keep the dock open for naviga? tion. The defendants admit the closing of tho dock because the Eastern gate of the lock hos become so much out of repair as to endanger navigation, and decline to repair the same, denying their legal obligation to do so. The defendants have (lied demurrers, motions ;n writing to dismiss the pe? titions, pleas to the jur sdlctlon of the commission and answers to the peti? tion. Theso all raise substantially the same questions and challenge the Juris? diction of tho commission to entertain the petitions or to grant tho relief therein prayed for. In order to doterm nn the questions involved It becomes necessary to con? sider the history nnd present status of the dock property, and to ascertain the present relations of the defendants to It and their duties, if any, to the public with reference thereto. Charted by Legislature. It appears that "the Richmond Dock' was chartered by an act of the General Assembly of Virginia on the 19th day of February, 1816; that It was vested with the power of eminent domain and authorized to receive both city aid Stare aid. the city of Richmond being expressly authorized to subscribe to Its capital stock. It was authorized to construct canal?. wharves, docks, bas? ins and locks for tho improvement of navigation of James River, section 19 of tho charter provided: "That said canal, from the locks at Rocketts Land? ing, shall at nil times contain the depth of eleven and one-half feet of water up to twenty-fifth Street, and from Cience \ to Eighteenth Street to the lower baa In eleven f' et of watot." Section 20 reads as follows: "and tho said canals, basins and works to be.erected by vlr ture of this act. when completed, shall forever thereafter he esteemed sad I taken as public highways, free for th?