The times dispatch. [volume], December 29, 1911, Image 1

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

Image provided by: Library of Virginia; Richmond, VA

                
THE- DISPATCH FOUNDED IBM.
THJB TIMES FOUNDED 18J?.
WHOLE NUMBER 18,848.
RICHMOND, VA., FRIDAY, DECEMBER 29, 1911.
TUB WEATHER TO-DAY?Fair PRICE TWO CENTS.
William C. Hook, of
Kansas, Likely to Suc?
ceed Justice Harlan.
BELIEVED TO BE
CHOICE OF TAFT
Secretary Nagel Is Eliminated
From List of Probabilities Be?
cause of His Age?Hook
Never Active in Politics,
but Is a Strong
Republican.
tSpeclal to The Tlmcs-Dlspatch.J
"Washington, D. C, December 2S.?
William -'. Hook, of Leavcnworth.
Kan., Judge of the United .States Cir?
cuit Court In the Eighth Circuit, prob?
ably will he appointed to the United
States Supreme Court to fill the place
of Justice John M. Harlan, of Ken?
tucky. It was learned to-day that Presi?
dent Tatt practically has decided to
select the now Justice from the Eighth
Circuit, and that Mr. Taft is now In?
clined to regard Judge Hook more fa?
vorably than other candldatoa.
Mr. Taft also has been seriously con?
sidering tlio appointment of Charles
Kngol. his Secretary of Commerce and
Labor, hut Mr. Nagel Is sixty-two years
old. and President Taft hit* told his
friends he desires to appoint a young?
er man to the bench at this tlnTe. It
always has been the President's con?
tention that he ought to name a man
under Hlxty years of ago to the Su?
premo bench. Justice Lurton. of Ten?
nessee, Is the only Instance In which
Mr. Tnft has departed from this rule,
not counting, of course, his appoint?
ment of Mr. White na chief Justice.
Long Experience.
Judcc Hook has had more than elev?
en years' experience on the bench,
and hns participated In somo very Im?
portant decisions. He teas appointed
to tho United States District Court In
Kansas by President McKinley In 1S9?
and waa advanced to the United States
Circuit Court by President Hoosevelt
In 1903. Judge Hook wan the only
, mctnb?r of the bench of the Eighth
Circuit which sustained the United
States government in the. recent decis?
ion In ihc Union Pacific-Southern Pa?
cific, suit Judge Hook also partici?
pated In the Circuit Court's decision In
the Standard Oil case and several Of
his decision* WK*ttlt' antitrust' law. no
taTtty his statements that mere bigness
deep not constitute a violation of the
law, often have been quoted by Attor
ney-encral Wlrkeraham In his briefs.
Judge Hook Is about fifty-five years
o.ld. He wus strongly urged by Ropub
cans of Kansas, Including the pro?
gressives, for appointment to tho Su?
preme Court when Justice Urewor
died. He never wa.s active In poll
, tics, having stepped directly from the
nctlvo practice, of law to the United
States bench. Ho Is. however, a staunch
Republican. The Republican progres?
sives of Kansas regard Judge Hook's
candidacy with satisfaction and have
urged his appointment.
Prank B. Kellogg, who represented
tho government as counsel In the
' Standard OH case, also has been
strongly urged for the Supreme Court
j from tho Eighth Circuit. The Third
? Circuit, which contains the States of
Delaware New Jersey and Pennsyl?
vania, now Is without a representative
on the Supreme bench, and they
have had btrong hopes of being ablo
to land the vacancy.
It was learned to-day that Judge
George Cray, of Delaware, and Judge
Sways ie, of the Supremo Co iv: of
New Jersey, have been urged for the !
place from that circuit.
Virginian I'rged.
Tho Fourth Circuit, including Mary?
land, North and South Carolina nnd!
the two Virginias, also Is without rep?
resentatives on the bench at present.
Judge A. G. Dayton, of West Virginia. I
\nd Judge L L. Lewis, of Virginia, !
ilao havo been urged upon the Pres?
ident.
Justlee Harlan, whose death has
created tho vacancy in the Supreme
Court, came from Kentucky, which .s
In the Sixth Circuit. That circuit
'.s already represented on the bench
by Justices Day and Lurton.
Among the. other candidates that
have been suggested to Mr. Taft are
Judges Francis E. Raker and T. -\
Meyers, of Indiana: Judge Owen H'.i
Carter, of Illinois: Judge .lohn 1). Win
alow, of Wisconsin; Judge Henry D.
Harlan, of Maryland: Senator Borah,
Df Idaho: Judge Horace. E. Decmer, of
Iowa; Senator Sutherland, of Utah, and
several others.
SAILS FOR UNKNOWN PORTS
One of Fleet of Holy ChOHl ninl I s So?
ciety .Now on HIkIi Seas.
Portland, Me., December 28. ? In the
face of a heavy gale the .steamer Bar
facoutli, one of tin* Meet of the Holy
Ghnst.and Us Society, nteuntcd away
for parts unknown to-day. tfhe cur?
ried several members of the Sbiloh
colony, and was commanded by Cap?
tain A- K. Perry, who captained the
bark Kingdom when she was lost on
the Afrlclan coitsl. Thu Barrucoutn
was the llrst of the Sbiloh lleet to leave
port since the conviction of the society
leader. Rev. Frank W. San ford, for be?
ing responsible for the death of seven
of the passengers and crew of tho Cor?
onet.
WILL ASK MAINE'S MAST
Pittsburgh Wishes to 1 sc It ns Part
of .Monument,
i Plttfibnrgh, Pa., December 28.?The
j" City Council to-morrow will adopt a
I resolution asking the Secretary of the
I Navy to send the lighting mast of tho
I battleship Maine, sunk in Havana harr
j bor, to Pittsburgh to form a part of
Ii "monument to the late Llentanant
Friend W. Jenkins, of this c-lty. who
lost his life, when tho ship met with
disaster. The resolution will carry
Vwllb It an 'appropriation siifllcloin to
jrlns tho' must* hero.
NATIONS ARE PROTESTING
They Demand Thttt Their Pulp and
Print Paper Me Admitted Free.
Washington. D. C. December 28.?
American pulp and print paper manu?
facturers are bringing prcssuro to
bear upon Prosldcnt Taft to Induce
him to refuse to yield to tho demand
of certain European governments for
tho free admission of thotr pulp and
print paper on terms of equality with
tho Canadian product. Tho disposition
of tho administration has feen lo let
this matter bo' determined by tho I
courts, but as this Involves long de?
lay, tho diplomatic protestants aro by
no mcana satisfied nnd aro adopting
inensurcs to show their resentment. j
Court von Bcrnstorff. tho German am?
bassador, has Informed tho blute De?
partment that Germany would not ac?
cord to American exporters the re?
duced duties on tool steel and nurd
rubber accorded to Swedish and J.ipa?
n-to. exporters, under their special
treaties, becauso America did not ad?
mit Gorman wood pulp and print paper
free of duty.
Tho ambusaador was reminded that
the Gorman exporters would not suffer
by the deluy If their claim was just,
because they had paid tho duties Into
tho American trcaeury under protest,
which gives them the right to recover
In case tho court of customs appeals
should decide in their favor, an Is ex?
pected.
In view of the peculiar conditions
under which Canadian pulp and paper
got upon the free list In spite of the
failure of tho reciprocity measure,
some consideration Is being given to
the propriety of leaving to Congress
the adjustment of the international
dlfllcultlcs that have arisen.
killed by poisoned drink
Wlllskcy I.eft by Would-Be Suicide
Taken by Urotlicr.
Philadelphia. December 25.?William
Wilt, thirty-nine years old. was found
dead In his home early to-day from
poison, which had been prepared by
Iiis brother, .lohn, one year older, who
said he Intended to kill himself.
John Wilt felt so good yesterday
over having passed an examination to
become a registered plumber that ha
begun to celebrate the ovent by drink?
ing Toward evening he became re?
morseful, and on Ms way home he
bought 16 cents' worth of whiskey und
10 Cents' worth of carbolic acid. lie
mixed the liquids, and when he got
home took a swallow and went to his
room. During th" night his brother
was found dead on the dining rloitl
floor by their mother. Hearing moans
coming from John's room, an Investi?
gation showed that John was suffering
from poison, and he was rushc-d to a
hospital, where, after he had partly
recovered from tho efferts of the poi?
son, he told what he had done.
It Is the theory of tho coroner that
when William came home he saw the
poisoned whiskey on the dining room
table and took a drink, dying before
he could leave the room.
will bring son home
I2x-(iovernor Pntlernoo tn I'lncc Him '
?----- - fn Sanatorium. 1 j
Seattle, Wash., December ;s.?a |
court order wns signed here to-day
permitting former Governor Malcolm
It. Patterson, of Tennessee, to remove
his twenty-three-year-old son, Malcolm
C Patterson, from the State of Wash?
ington, on tiling a bond of 15,000, lo
guarantee thnt tho young man would
not return to this State.
13x-Governor Patterson furnished the
bond, and his son. who had been In
tho county Jail, was turned over to
him. He has stated that he will place
the youth In a Tenenssee sanatorium.
Young Patterson shot It. T. Seal, at
Port Orchard, December 7. He was
examined ns to his sanity, and experts
found thnt ho was suffering from "dip?
somania Induced by drinking contin?
uously for five yenrs." Although Seal
was shot close to the heart he Is re?
covering
rev. w. l. gilhens dead
Widely Knmm Kplxcopal Minister nnd
runner Chaplain Grand Lodge of KlkH.
La Grange. Ga., December 2S.?Tho
Rev. W. L. Ollhens, D. D? former chap?
lain of the Grand Dodge of Elks, and
widely known Episcopal minister, died
of apoplexy at his home hero to-day,
aged eighty-two years.
Dr. Ollhens was born in Bridgetown,
X. J. lie was formerly rector of Grace
Church, St. Douls. and Church of tho
Advent, San Francisco. lie was an
intimate friend of the late John Blge
low. Interment will take place at
Hcaufort, S. C, next Sunday.
aviator injured
Unable to Stop lllplnne After Lauding,
CrftHlieK Into Fence.
Albany, Gn., December 28.?Unable to
stop his biplane after landing, Aviator
Thorn well Andrews, who was giving
an exhibition here to-day, drove head
on into a high fence, broke his arm,
and suffered other Injuries. Damar
Ma titles, a ten-year-old boy. who was
peeping through a knot-hole in the
fence, was tangled in the wreckage,
and though Injured, escaped death.
The aviator and boy were taken to u
local hospital.
dr. thomas pugh dead
He Was Surgeon la Confederate Army
I nder LorinMt root.
Baltimore, Md., December 2S.?Dr.
Thomas C'l?man Ptigh. for four years a
surgeon in the Confederate army under
General I.ongstrcct. died tit his homo
hen-, to-day of Br I gilt's disease. Ho
was burn tit Hamilton, X. C, seven?
ty-four yearti ago. He enlisted as as?
sistant surgeon and wus promoted lo
full surgeon for heroic, conduct on the
battlefield, lie was taken prisoner at
the, battle of Gettysburg and sent to
I<"ort McHonry, from which ho made his
escape.
nat MAY?TaRRY again
Admits He Mny Try It Some Time, but
Wniitn 1 Yenr's ItrMt.
New York, December 28.?P.umors
that Nat C. Goodwin, actor and mining
promoter. Is preparing to step Into
matrimony again have been tempora?
rily sol ill rest by a Htatcmcnt from
Mr. Goodwin himself: "1 Intend to try
It again somo time." he. says, "but Pin
going to allow myself at least another
year of freedom first."
Smallpox at Magdalena. <
101 Paso, Tox.. Dccou)ber 28.?Advices
from Cnnaneii, Sonorn, say-smallpox Is
raging at Magdalena, that State. More
than titty cases are being treated, while
llvo or six new ones appear dally. '
P.xpcrt judgment of Quality and au?
thentic, knowledge of Purity nre un
itocossnry when you select The Velvut
Kind Ico Cream. ?.
BUSINESS POWER
_
Whole Country Subserv?
ient to Morgan and
Standard Oil.
THEY ARE BACK
OF ALL TRUSTS
La Follette, in His Ohio Speak
ing Campaign, Arraigns Money
Interests Which Threaten
to Take Self-Government
Away From the People.
Sees Crisis at Hand.
Toledo, O.. December 28.?Senator Da
Follette, in hiB campaign through
Ohio for progressive Republicanism,
(sliced to another large audience here
to-night. Self-government and the
trusts, tho initiative, referendum and
recall, the primary ballot law and d'~
rcct voto for United States Senators
he dlF.cusBCd at length.
The Senator declared that the will
of the people is higher than the courts,
saying:
? The will of the people shall be tho
law of the land. Constitution, stat?
utes, courts and all the complex de?
tails of government are but Instru?
ments to carry out the will of the
people, and when they tail?when
Constitutions and statutes and all ol
the agencies employed to execute Con?
stitutions und statutes fall?they must
be changed so as to carry out and ex?
press the well formulated Judgment
und the will of the people.
"And it's going to be changed," de?
clared the speaker. '.'On the other hand,
of course, stand-patters, lake notice,
you are a curiosity in Wisconsin. The
people have never failed in any crisis;
you haven't a popular government in
Slate or nation to-oay."
Crisis Is ut Hand,
Charging thai self-government was
being Jeopardised by the trusts. Sen?
ator l.a follette asserted that a crisis
was at hand. lie declared that so
powerful had two names become thai
they dominated all business. "They
arc Morgan and Standard Oil, and
every banker in the hall knows It."
Taking up further the trust topic,
the Senator went into the organiza?
tion and personnel of the su-eulled
combination* along ibe lines of bia
talk In Cleveland latt night.
In his research of the trusts, .Mr. La
Follctic declared he found ninety-six
men on all the directorates of all the
trusts.
"Chattncey M. Depew." he said, "was
on seventy-two, and 1 found that he
had no money invested?he was only
a dummy?and then 1 wondered how
inany other dummies there were, and
then I found thai only fourteen men
controlled und were back of all theso
ninety-six names.
"And back of all tills I found Stand
aid Oil and Morgan.
"And these people have not over?
looked ibe newspapers. Their organs
are poisoning the public mind?they
are not serving your Interests when
they declare me to be a menace to
them."
Will Troll l.a Follette.
Washington, December 2S.?President
Taft has determined to follow up Sena?
tor La Pollette on a three or four
days' speeehmuklng trip through Ohio.
According to present plans, the Pres?
ident experts to speak ai Cleveland
January 2'.i, at Columbus on the 30th,
and at Akron on the 31st. Another
date is being considered.
The activity of the Insurgents in
Ohio undoubtedly has caused some
alarm In administration quarters. Some
time ago the President decided to go
to Cleveland to make a speech at the
Tlppecanoe Club. Now he has found
it convenient to spend three days in
that State, and it may bo that he
will exteml his trip to four days. ,
iti-xpondM to Pressure.
The La Follette invasion has been
discussed in White House quarters for
several days, and some pressure has
been brought to bear upon Mr. Taft
by his friends to go to his own State
in January to onro more get in di?
rect touch with the people.
At Columbus the President will be
the guest of the Chamber of Com?
merce for luncheon, and later will ded?
icate thi'. new Federal building. ;
The President has postponed the
dinner to the United Slates Supreme
Court until February, In order to spend
this time in Ohio.
l'ollovts Hnrdlng'N Visit.
The President's decision to gm
through Ohio for a short speaking
tour came to-day after a visit to
the White House of Warren G. Harding,
who ran for Governor of Ohio last
year against Judsbn Harmon.
There may not have been any con?
nection between tho visit of Mr. Hard?
ing and the daclslon to malte a few
more speeches in the Buckeye State,
bul undoubtedly a coincidence was de?
veloped.
Another Interesting feature of the
Taft Ohio trip Is tho fact that the
annual dinner to Hid United States
Supreme Court has been postponed
twice lliis year. In the first place,
Whin Mr. Tafi decided to go to Cleve?
land the dinner was postponed from
the 30th to the 3lst of January. Now
It has gone over until February 2,
llnrdlng Sniigtilnc.
While at the White House to-day Mr.
Harding gnve out a reassuring Inter?
view concerning Ohio politics. He
said the stall- Is for Taft, and that
the l<n Follette movement is only a
"winter diversion."
MAY?iT"GaW?r" DECilNES
He Will Not Accompany Hotel Commit?
tee to Washington.
Now York, December 2S.?Mayor Oay
nor, while wishing success, he said, to
the movement to bring the Democratic
National Convention to this city, de?
clined ln-dny an Invitation of the ho?
tel committee to accompany Its dele?
gation to Washington, where the
claims of New Vork for the gathering
will be presented to,, tha Democratic
National Committee January. 8. At a
meeting of tho committee of the hotel
men to-day It was announced thnt $60.
000 of the amount it was desired to
present to the DomOcratle Committee to
pay the expenses of the convention
had been subscribed, and that there
waa no doubt that the total of $I2b,000
would be oversubscribed within a few
td&ys.
VESSELS COLLIDE
II 45-MILE GALE
Torpedo. Boat Destroyer
Warrington Rammed
by Schooner.
CREW TAKEN OFF
. IN SMALL BOATS
Little Naval Vessel Badly Dam?
aged arid Now Is Being Towed
to Hampton Roads?Officers
and Men palm When
Clo8C to Death at
Se?.
Norfolk, Vs.. December 2S.?With
stern badly smashed In and water
flooding tho aft holds, the torpedo boat
destroyer Warrington is being towed
to Norfolk by the revenue cutter Onon
daga. The Warrington was ramme?
by an unidentified schooner this morn?
ing, fifteen miles northeast of Cape
Hattet 83. Two men were badly in?
jured by the collision, which occurred
during the height of a forty-flve-nnie
gale, when sea and sky were one mass
of Indistinguishable blackness. The
injured men arc:
tiunher's Mate J. M. Stanley, foot cut.
Chief Boatswain's Mato E. M. Bound?
er, badly bruised all over body und a
three-Inch scalp wound.
Two other men were seriously in?
jured when the greater part of tm
crew of seventy men on th Warrington
were transferred in small boats to tue
Ondndaga, which raced from New York
on an "O. S. D." call. One of the men
hud three ribs broken und another an
arm severely bruised, tho small boats
in which the transfer was made being
dashed against tjio steel sides of the
Warrington by a heavy swell.
The Ononduga arrived at the scene
of the accident about noon, Unding the
Warrington anchored and in no Imme?
diate danger. The torpedo boats Ster
rctt, Perkins, Puuldlng and Drayton,
which were coming up the coast behind
the Warrington. were also standing by.
Fifty-six men were transferred lo tue
Onondaga from the Warrington. Four?
teen, including all the officers ot the
vessel, remained on board the crippled
torpedo boat.
The water, which had poured
through the fissures lit the stern, was
held in the aft holds by bulkheads.
Immediate examination following
Ihe collision showed the bulkheads to
be intact, and the Vessel in no danger
of sinking.
When the accident occurred this
morning at 2 o'clock the Warrington
was leading nine other members of
the Mosquito licet up the coasl from
Charleston to New York via Norfolk.
The nine torpedo boats composed the
eighth and ninth divisions of the At?
lantic torpedo fleet. They left Charles?
ton Tuesday morning and up to late
Wednesday afternoon, when the heavy
gale set in, had been making good
time.
The Warrington wns eight or ten
miles ahead of the other members of
the licet, now half under and now half
out of the water as the torty-flvo
mlle gale swept the rough sea over
the little vessels.
Suddenly out of the darkness loom?
ed the floundering schooner. Before
the man on watch could swing the tor?
pedo boat out of the schooner's course
the laltcr's nose rammed the Warring?
ton. Then the schooner scudded off
in the darkness before any of the men
aroused by the shock could toll wheth?
er she was a two or four-masted ves?
sel. The blow sent the Warrington
staggering and shuddering, all of tho
crew except those on witch being thrown
Horn their hammocks. Stanley wus
thrown against the after bulkhead,
sustaining a badly cut foot, flounder
was pitched headfirst from his ham?
mock to the steel floor, receiving a
throe-Inch cut on his head and being
bruised ull over.
The officers nnd men, with the cour?
age typical of the American blue
jackets, remained calm In the face ot
what looked like nn awful death In
the. sea. A hasty examination showed
the torpedo boat leaking badly through
tho broken stern plates.
No other part of the vessel was In?
jured, and tho bulkheads were found
to be In perfect condition, keeping the
Water to one part of the ship.
Towed to Hampton lioadn.
New Yorlt, December 2S.?Wireless
dispatches received here to-day from
the cruiser Salem, which was dispatch?
ed to-day to the rescue of the torpedo
boat destroyer Warrington, reported in
distress twenty-five miles northeast of
Cape Hattcras. state the destroyer was
in collision early this morning with
a schooner and was badly damaged.
The schooner, which was unidentified,
was lost in the darkness and nothing
was learned of her fato.
The Warrington. which with nine
other vessels of the Atlantic torpedo
Meet left Charleston yesterday for New
York, was being towed Into Ilumpton
llonds to-nighl by the revenue cutler
Onondaga and was taking in water
ami settling down at the stern.
Two Of the destroyer's crew, .1. N.
Stanley, chief gunner, and 11. W,
(founder, chief boatswain's mnte, were
injured, the latter seriously, but, ac?
cording to the dispatches, wore "doing
as well as could be expected."
The Warrington was struck on the
starboard side near the engine room
with force enough to smash In one
r.f her frames, and It is presumed that
ihe Hulling vessel rhusl also have suf?
fered Injury. The messages do not re?
veal the full extent of the damage, hut
state that the destroyer "watered up
to her engine room putting out her
II res."
Three of the crew were still on the
Warrington according to the hist of
the messages to-tilght. hut the rest
had been taken aboard the cutter
rfnondagn with the Injured men
A wireless received later from Ihe
Salem to-night read: "Will give ap?
proximate arrival at Norfolk navy yard
nftor condition of the weather Is
known as S o'clock to-morrow morn?
ing. So far everything Is going nice
ID: nourishing effect?its richness?
Its flavor?makes It tin- most rellclous
over lusted. The Vclvn Jvlnd Ice
Cream.
OBJECTION HALTS
TRIALOF PACKERS
Jury Is Excused, Pend?
ing* Hearing of Legal
Arguments.
STORY OF DEALS
IN BY-PRODUCTS
Government Seeks to Show That J
Kenwood Company and Aetna |
Trading Company Were Part
of Alleged Pool of Beef
Barons?Jacob H. Schiff
Is Subpoenaed.
Chicago, lit. December 2S.?Objection
by counsel for tho defense to evidence :
which tho government seeks to Intro-j
duco regarding tho operations of the'
Kenwood Company and the Aetna Trad?
ing Company halted the packers' trial
to-day and caused Judge Carpenter to
excuse the Jury pending the hearing of
legal arguments.
Tho government contends that the.
Kenwood Company, which was organ?
ized by the packers in 1900 and contin?
ued In business until 1905, was ono of
the alleged pools used to market tho
packers' by-products. It is alleged
that tho Kenwood Company dealt lu
oleo. and the Aetna Trading Company,,
In the same period, dealt In casings.
Tho government expects to show that'
the Kenwood Company's profits were
$i.000.000 in one year, dcsplto the fact
that It was incorporated with a capital
stock of only JH.O0O. The proilts of the
Aetna Trading Company also aro al?
leged by counsel for the government to
have been proportionately large.
By making an Inadequate allowance
for these by-products In figuring the
test cost of the animals slaughtered,
the packers wcro enabled to keep tho
profits of the parent concern within
reasonable limits, according to govern- |
rnent counsel. Tho objection to this
line of testimony came when Albert 11.
Veedor was questioned In regard to the
business transacted by these subsidiary
eompanlcs.
Objection Is Itnlsed.
"Wo have a right to know what the
government intend? to prove by going
into the business of these coinpauies
and what relation it has to this com?
pany," said Attorney Devy Mayer, coun?
sel for the defense.
"The. Kenwood Company dealt In oleo
and the Aetna Trading Company In
easlngB, and wc cannot understand
what relation this has to the allega?
tions made In tho Indictment that there
was a combination to control the prlco
of fresh meat and the price paid In the j
purchase of cattle. For this reason we
contend that this testimony Is incom?
petent and ask to have It excluded."
"Standing alone, I .do not sec the
relevancy of this testimony, but It may
lead to something connected with tho
acts charged In the Indictment." said
Judge Carpenter. "I think the govern?
ment should at this time state what it
expects to provo."
Special Counsel Pierce Butler sal.l
the government expected to show that
the packers made an inadequate allow?
ance for by-products in figuring thJ
test cost of animals slaughtered, which
had a direct bearing on the workings
of the alleged combination.
"Wo expect to develop In the trial
that these companies are an important
part of the pool or pools by whtch thj
packers between 1900 and 19?J fixed tho
pries of fresh meat and the figures to bo
paid for cattle," said Attorney Butler.
"They were used to market by-pro?
ducts at a higher ptrlce than they could
be sold direct by the parent con?
cerns."'
Thn argument of counsel on these
points will be continued when court
reconvenes to-morrow morning.
Jneob II. Schiff, manager for Kuhn.
I.oeb & Co.. of New Vork, has been
subpoenaed as a witness for the gov?
ernment and will he called next week.
Mr. Veeder to-day gave the details
of the organization of the National
Packing Company, which was formed
March IS, 1903, and which the govern?
ment contends was the Instrument used
by the Indicted packers to fix the price
of meat.
Thirteen Companies Merged,
The witness said that tills corpora?
tion, which was capitalized at 81.1.000.
000. was formed by the merging of
thirteen companies and tluir sub?
sidiaries, and that the properties were
paid for In stock of the National Pack?
ing Company.
Mr. Veeder said these companies
were all purchased by Armour. Swift
and Morris beforj Michael Cudahy was
j taken into tho combination. He said
all who sold their plants agreed not to
engage in the packing business for
fifteen years.
"Have you any more contracts or
[agreements used in lh? organization of
I the National Packing Company?" asked
Special Government Counsel Pierce
Butler.
"About three bushels, but nothing
you would want," replied Witness
Voader.
"Whom ilid you talk with In your
negotiations with Kuhn. T.oeh & Com?
pany, of New York, for loans for tho
National Packing Company?"
"Jacob II. Schiff. He was the man
imer of the firm, and the whole thing."
was Mr. Veeder"., reply.
The witness was questioned regard?
ing th> Kenwood Company, a corpora?
tion organized by (he agents or em?
ployes of the packers.
"That company was Incorporated t'>
deal In oleo oil. and I believe it did
just what It was organized to do. It
was Incorporated In my office .luring
my absence. I did not know every?
thing that went on In my oillre," re?
plied Mr. Veeder.
Aske<| about the Aetna Trading Com?
pany. Mr. Veeder said he know noth?
ing about the business of Ihr concern.
SALVATION ARMY BARRED
Will Not He Allowed to furry On Its
Werl. In lliinsla.
St. Petersburg, December 23.-?The
council of ministers has decided not
to allow the Salvation Army to carry
on its work in Russia.
General William Booth, commander
In-chief .of the Salvation Army, went
lo St. Petersburg In 1909, to negotiate
With the government for permission to
establish a brntieh In Ilnssla. He wus
1 strongly opposed by tho Holy synod.
WOOL BILL DELAYED
Committee Will Awntt Report of Tuft's
TurHT lloard. i
Washington, December 28.?Revision?
of tho Iron and steel schedule will be
tho first thing: on tho tariff legislative
program of tho Houso after Congress
convenes next week.
Representative Underwood, chairman
of tho Ways anor Means Committee,
mado It known to-day, after his return
from a holiday trip, that tho commit
too would postpone consideration of
tho wool schedule until every featuro
of the tariff board'3 report on the
subject had boon thoroughly studied
In tho meantime. It will press Ita work
on other tariff matters with a view
to adjournment In time for the. nomi?
nating conventions.
Following the Introduction and con?
sideration of tho steel schedule tho
Democratic leaders contemplate pre?
senting to the House a rovlscd chom
lcal schedule and a sugar tariff bill.
It is also possible that a cotton sched?
ule will bo submitted with tho wool
bill, dependent, of course, upon tho
report of the tnrlff board. This Is ex?
pected late next month. If cotton Is
not Included In tho wool bill, !t will
bo sent In as soon afterward as pos?
sible.
Determination of the IIouso Demo?
cratic leaders to delay tho wool bill 13
calculated to have an effect upon the
purpose of tho Republican members of
the Ways and Moans Committee who
are drafting a wool schedttlo based
\ipon the tariff hoard's report. They
are hastening, with the co-operation
of the White. House, to complete this
bill and lo urge It upon the floor of
the House. If the Democratic, hill is
not submitted Boon after the holidays,
It |s probable that tho Republican bill
will be withheld.
SITUATION GROWS WORSE
franco nnd Spain imi to Reach Ac?
cord on Moroccan (location,
Madrid, December 2S.?Advices from
Melilla. Morocco; say thnt the whole
Spanish army advanced yostcrday and
"repulsed and decimated*' the Rifflun
tribesmen. One of the Spanish gen?
erals, named flos. wns wounded, and
special correspondents in their dis?
patches, say that the Spanish casualties
totalled twenty-seven killed nnd 105
wounded, while tho Rlfnnns lost 100
killed.
The Franco-Spanish negotiations on
the question of Morocco ore not ad?
vancing as rapidly tin hnd been ex?
pected. Spain Is not willing to cede,
what France asks, and the situation
between the two countries is becoming
worse.
Til nn interview published In the
Imparclnl; General Duquc, Minister of
War, says that French agitators are
really responsible for the new Rlfllan
uprising, which. curiously enough,
broke out at the momr.nt when tuu
Franco-Spanish pourparlers opened.
ARRAIGNS LAW'S DELAYS
Prosecutor Make* Report of t'nsts
Apalnst Newark I.mchern.
Columbus. O., December 28.?Delays
of the law and the handicaps of tho
State in the prosecution of criminals
arc scathingly arraigned by former
Asslstant Attorney-General W. H.
Miller In his report, filed to-dny with
Atlornoy-Goneral Hogan, on the. prose?
cution of the Newark lynchers. who
on July 10, 1911, took Carl Ktherington,
"dry" detective, from a tall cell and
hanged him to a telegraph pole In tho
principal street In thnt city. With one
exception. Dick Heller, who is now a
fugitive. Attorney Miller has cleaned
up every case on the docket growing
out of the riot. One conviction for
murder in the second degree, thirteen
for manslaughter, seven for riot, and
nine for assault nnd battery?thirty
In all ? resulted from the prosecution,
and eleven men are now serving sen?
tences In Ihe Ohio penitentiary.
Mr. Miller was placed In charge of
the prosecutions after Governor Har?
mon had taken chin-go of the ease.
Mr. Miller declares that, as a result of
the prosecutions and conviction ot tho
Newark lynchers. all records have been
broken, and that an Impetus has been
given to the prosecution of similar
cases throughout the country.
FIGHT FIRE IN PERIL
Serpents nnd Poisonous Insects In Blas
Illllldlng.
San Antonio, Tux., December 2S.?
While copperheads, rattlers und adders
writhed over the floor, ami tarantulas
an dottier poisonous Insects darted here
and there, firemen to-day (ought a
blaze in the bird and snake store of W.
O. Dearn. The reptll?-s became liber?
ated when the streams of water shat?
tered the boxes In which they were
conllned. Five hundred parrots wore,
siiffocutcd. and 360 snakes were roast?
ed to death. The llnanclal loss was
small.
OUSTS HEALTH OFFICER
Governor III? Asks Imiiiedinlo Resigna?
tion of Or. A. 11. Duty.
Albany. N Y.. December vs.--Gover?
nor 1)1 it has asked for the Immediate
resignation of Dr. Alvah II. Doty as
health oflleer or the port of New York,
a position lie has held since. IS95. Dr.
Doty's term expired last unitary.
His removal was recommended re?
cently by Charles M. Bulger, the com?
missioner appointed by tin- Governor
in Investigate the management and af?
fairs of the olll.- ?.
ONCE mCHT?TEsTENNILESS
Much of Murphy'? Fortune Went to
Protect Stockholders of Failed Hunk.
San Francisco, Cal., December 28.?
Bernard D Murphy, fortner Democrat?
ic leader in this Stute, died of heart
fallurci hero lo-day. seventy venrs old.
He died almost penniless.
Born in Quebec und coming to Cali?
fornia when a- child. Mr. Murphy, when
a young man. Inherited 0,000 acres of
rich land. Much of his fortune went
to protect depositors of a hank that
had fulled.
DENTISTS MAY GOSSIP
Courts Rule Professional Knowledge
Nut Privileged us Is Doctor's.
Now York. December 28;?A dentist
Ih under no compulsion not to toll
secrets acquired In tho practice of his
profession, .according to a decision of
the highest *>tnie, courts h?re.
- The court's ruling Is that the knowl?
edge of dentists concerning their pa?
tients Is not prvlleged. as that of sur?
geons.' phys'ctuiiB or nurses..
.lie pOiivlhcctd?ftvo assume all respon
albillty, Tt.'o Velvet Kind ice Cream.
RUSSIA IS PAVING
WAY TO CONTROL
Seizure of Mongolia Now
Is Only Matter
of Time.
CHINA UNABLE
TO TAKE ACTION
Czar's Request That Peking Re*
sumc Sway Over Province Only
Diplomatic Step in Former's
Program of Expansion.
Throne Has Agreed to
National Conference.
TVonkinrc, December 20.?Dr. Sun Ynt
Sen hns been unnaimously elected
president ot the republic of Cbloa.
Peking. December 23.?In response to;
a direct requost ot tho Russian gov?
ernment, handed to the Chincso for?
eign office by tho Russian chargo
d'affaires to-day, that China should
promptly resume control of Mongolia,
the Chincso government declared Ha
Inability to comply nt tho present
moment. The only action the govern?
ment is able to tnko regarding Mon?
golia, the Independence of which has
been proclaimed, Is the appointment of
two commissioners, who have been or?
dered to proceed by way of the Trans
Slborlan Hallway to Urga, tho chlcl
city, to persuade tho Mongol authori?
ties. If possible, to renew their allogt
anco to China. But In view of thu
present crisis It Is probable that these,
commissioners never will leave Peking.
It Is understood that the Kutuklu,
who is the religious head of tho Mon?
gol Buddhists, was proclaimed Khon
to-day. According to the Lama doc
trlno this dignitary, the ICutuktu, is
the terrestrial Impersonation of tho
godhead, and never dies, but passes,
after his apparent decease, into tho
body of some newly born boy. who la
sought for afterwards according to
tho prophetic Indications ot the Dclal
Haina In Thibet.
The Independence movement Is large?
ly religious. Tho dissatisfaction of.
tho Mongolian people baa been of long
standing, the Russians say, be?
cause of Chlneso Incapacity and cor?
ruption. Tho Chinese governors al?
ways have plundered the Mongols and
enriched themselves, while nt the sama
time carrying on an unjust adminis?
tration.
Russia Aggrnvntcd.
For several yenrs past the Chlneso
have been aggravating Russia, ami
have been treating her contumaciously
since tho Japaneao defeated her. China
even began to organize modern troops
and to take other military measures
along the Russian frontiers. Russia,
often has protested against this, and
the ChinoLo foreign hoard has verbally
agreed to tho Kusslan demands, but
never has fulfilled Its promises. A?
lato as October the foreign board's
written reply evaded Hussla's demands.
Tho Russian legation has contonded
that the Chinese preparations necessi?
tated the maintenance by RtlBSla. oC
large and expensive military forces orn
the Mongolian borders.
Furthermore, outer Mongolia Is ad?
jacent to Russian territory and Its in?
terests arc more closely related to Rus?
sia than Chlnn. the latter being across
the Gobi desert.
The attache i of Japan and Great
Britain may be expected to watcfi
events closely, but there will bo no
cause for alarm until Russian troops
cross the Gobi desert. The construc?
tion later of the Baikal-Kalgan Hall?
way might necessitate the employment
of Russian troops for protection, as
was tho case along the Trans-Siberian
In Manchuria, but that is a consldera
tlon for the future. Tho present stop
is apparently only a diplomatic ono
in tho Russian program of expansion,
which did not terminate with '.ho
treaty of Portsmouth. Although tho
Russians declare their desire that
Mongolia shall continue as a buffer
slate, the attitude of the Mongolian
princes, who assembled in Peking to?
day, depends entirely on circumstances.
As they are not able to deCond them?
selves, they probably will accept terms
from the Poking government, whether;
j monarchical or republican.
People to Decide Form of Hule.
Peking. December 38, 6:17 P. M.?.
The throne has agreed to Premier
Yuan Shi Kill's suggestion to refer
tho question of the future government
of China to a national conference and
to abide by Its decision, whatever 't
may be.
The Dowager Rntppcss, Premier
Yuan Shi Kal and the Manchu prlneesl
of the Imperial clan debated through?
out the entire morning the schema
f.u- calling together a convention ot
delegates from all parts of the em?
pire to decide on the form of gov?
ernment which shall prevail In future
in China.
Prince filing, former premier and
minister of foreign affairs, urged tho
?acceptance of the proposal. Prince Ya
Hang, member of the grand council,
und Prince Ksal Tao. former minister
ol war and brother ot' the present
]i-lnee regent, on the other hand
strenuously opposed tho scheme,
tiililnct t? t)pnn Regulations.
Those among the Manchu princca
present wh > were! In favor of the ac?
ceptance of the proposition finally
prevailed, and the decision was reach?
ed to leave the settlement of tho fu?
ture form of government In the handjf
of the delegates selected by the na?
tion.
The cabinet has been instructed to
draw up the regulations which shall
govern .the notional convention and to
Inform the delegates to the peace con
fercne aCShanghal that the throne is
willing to abide by Its decision of *
representative, convention, no matte'
what form of government it ina
choooe. t
In view of tho -activities of t'
[Shanghai, revolutionaries. Impk