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The times dispatch. (Richmond, Va.) 1903-1914, February 04, 1913, Image 1

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KS Z^rSflSSS?frlm WHOLE NUMBER, lggSl._ RICHMOND, YA., TUESDAY. FEBRUARY 4, 1913. rat: tq-dav-t.,,. PRICE TO O CENTS.
Resolution Directs Th?.t
Tracks of R., F. & P.
Be Removed.
Vondcrlchr, Its Patron, Declares
That No Other City of Rich?
mond's Sue Would Retard
Business Growth or Permit
Continued Menace to
Human Life.
Removal of all ateain railway tracl.?
f? Mi \Vc?t Broad tuet is propoaed
in a resolution offered In the Common
CoWMU last iiiK'H b] Chm?MM A. I?
\ onderlehr. aj.? r? ferr d to the Com
? If H< on Wttmt to TV' resolution
"WhTtm the uronth of Broad
Street westward and the beautv ot
that thoroughly. ? Ii ?.-eV'lv inter?
fered with 1<> th. pr?M>Ct of wl' im
i.-.lioad :rack s afl t!'.?t .-tr*?rt. and th<
constant use of that gtraat b> tM
Richmond. Fredericksbui k and Poto
MM Railroad Company;
?T"her?fore be it resolved. That t>
Committee on Sli-eli. I?. a:<d they are
hereby dlrct-ri to llll?Ilj.ll? and re?
port upon th* propriet;. of r-quiri*.*.
the n moral of *ui h tracks from said
?treet. an<1 n??es"1 :h- ;:- < >r>< iii?:ort?
tu the Council
MN ? Ml ?iiind? Mime.
The patron of the resolution ?v
J>r~esea the op:n;o;i <hat IIO other elt> ;
tn the world ..f KSa'hMou?'*' r.z- and
Importance WewM allow steaati railway
t-alns on :t, ;>ri!i"lp%l t?u?lne?a Thn- ,
ighfare. or permit grade cros?int:j
at such potnt* a!on? H. lvrt. r,. :-tr.-. ?
as Franklin. Oraee, Man a\d <-ar\
ftreeta. where hmnan iif" is en
danjr-rrd hy ea< h passing trair.
Ju>t ?hat Waring the resolution
may have on th* tentative piano fo.- a
o?? union passen?? r atation in Rieh
?nond ??'?nid no? b? ascertained. It is
presumed that the Riehmond. Fr?d
rrickaburir and Potomac Kailroad rv?m
party would surrender whatever legal
rights it ruay hav- in Broad and Belvi
d> -< St <etg In return for such tra--k
? syions as may be needed :n r<,;
nectlon with the new Station plan
1 ?Ion ?tatfee l'lnn?.
The Chamber of l'ommTf? has
placed itself on re. ord aa favoring a
great union atation in the valley now
c-cqpled by the Seaboard and Chesa
r?anr and ?dito Hnea. In whirh ? vejit ?
Kirhmond. Frederlcksburg and Poto?
mac trains would be brought In alor.tr
approximately the route down the val?
ley of Haeon'a Quarter Branch now
followed by the Seaboard. The Rich?
mond. Fredt-rieksburg and Potomac has
suggested tentatively the erection of
a new passenger station for itself and
the AtUuttfc Coaat Line in the fnr West
Cnd. and is known to km acquired
large tracts of property In the neigh?
borhood of Broad Street and the Rr.se
neath Road. The railway company also
controls the Hermit**:*' flub ground*,
which have been suggested as a site for
? station. In the .vent of erection of
a West Knd station, trains to and from
the South could use the Itelt I-lne
track-, making the track in Broad end
P.elvldere Streets no longer liecessai y.
( Ity Can Control Operation.
Although the Richmond. Fredericks
burg and Potomac Railroad claims a
pt-rpetual franchise right to the use
of Broad and Belvidere Streets, grant?
ed at the time when the city did not ;
extend westward, and when Monroe
Park was a cornfield, it Is understood
that the City Attorney will hold that
the city has ample authority to pre?
scribe the mnaner of the use of such
streets. For Instance. It might take
the step recently taken by many North?
ern clUes, of allowing only electric
locomotives within the city limits, and
it might further require that all tracks
be placed underground so as not to In- '
te-fcre with the street surface.
The coat of tills latter, it Is believed,
wjuld be practically prohibitive, though
tracks were placed underground In
Washington in connection Vtffe con?
struction of tb' Union Station there*.
Has Brew llluruMfd.
While never deftnttely b. f .re the
''oun'-il in the form of a resolution. It is
not the first time that the removal of
t'ie offending tracks has been suggest?
ed, in June 1?. 19?4. at a tune when
there had been little develop .: -n\ nl
Broad Street west of Klha STa?. ? 'i \
Attorn'/ Pollard aave a wr.ttea opin?
ion t<, John B. Min>r. then ?nt>> .a.rm-n
of the ?.-->:incil ?."ommitec on Streeta.
in which the CM* Attorney held that
while the cltv could not require the ra
nioval of th'- tracks oT the ma-n line.
\ "t the r .nr.cil could ???uripone regula?
tions as to location, manner ami mode
? f constru-tlon?and can control the
m?nn?r and mode ?f operating cars >n
? i.h Tra- ks?provided the regulations
- 1 <r? r?jK>ti*M. under the c|r
imstn. es and not |m'ov*d ari. trarily
or caprlc|otj?|r "
TTie Richmond. Fredericksb'irg and
potorria*- --wns the Broad Street tracks,
while those in Belvidere Street belong
t<? what is called the "Conne. t i ..m
pany." owning the line betwen Klba
end B>rd Street Stations The latter
is leased to the R! hmnnd Fr<-dertcks
burc *ad Pot ?rnavr, but if It is the in?
tent ??f Mr. Vonderlehr to Include the
BeTvldere Street line. UM scope of the
i evolution would be accordingly ex -
i ofd? d
Jack Jahaooa Mn?? ?tan.i Trtal on
Watte S|??e i barer.
Washington. Februar v ? The Su?
preme Court to-<l?\ dismissed t*ie ?p.
pea I of Jack Johnson, thr nogrn pugl
Hat. Indicted In Chicago on charges of
i touting t?# Federal white slave act.
from tha d?rlalon of the Federal court
of Illinois
iekasnna appeal was from th- Tin
nots Federal murT* refusal to s net a In
a writ W haheaa corpus by which the
law vert aowgbt to test the conetitu
a ty of th* mrfcite slave act, in
ileaatlan of which Johnson wna
charged with transporting in Inter
*fAt# <**>mm^rr** Ft**1lw? J*< hr*?^r from
f.ttabur.b to Cbicar*
Altavista Firm Will
Construct It Within
IS $1,4 0 0,00 0
Financed by New York Capital,
Richmond. Washington and
Chesapeake Railway Will
Tap Virgin Area and
Open New Territory
to Richmond.
The Northern Neck ConsrriictI M
'""onupar.y. of N'-vr York, it was i ?- ;>oi l< d
ftlttrity fron AKuvist.. i>:?h aVsira)*
e.it he contract fjr tue cjr.gtrue
lion of t.i? k.i nni- i !, WmMimgU " aod
QfccsMPamka liailwa:-. po;.nla-iy kn-jrn
,a? th- "Northern Unit i'lllmto
I.*me B. Ml Co.. railroad bJil l- re. jt
Altavista. Th?- dibpatch nain. s $1.?'?'? -
'?'>?? as the contract i-rli'- an'i states
that w*rk will begin at one*.
K'ginnlng at Boswell. on th- Ri n
riiond, IVcderlcksburg a-id i'..toma<
and Chesapeake and Ohio. 23 fc mil's1
from Riciim >nd. ?M road ?* .11 r un
ran thio.gii Cmi Mint, Kins William.
K!nr a:,d tju.en. KSsc\. Richmond
and Northum!? rland fnuntlm. to Wi
.comlco. ?>n th" Chcsap* ak-- Bay. wh . :i
?rill fee its eastern terminal. It will
pass through Aylett. in " Hint and
Qucail, and cross tli- Happahanno' k
Hiv?-r at Tappahannock. The road w:ii
I? a little more than eighty miles 1 >n>;.
In- ? Irs virgin Territory.
The movement for the ??om-iruction '
of a railroad throu?;h the Northern ;
N'c.-k of Virginia was laun'h-d in
Richmond more than a year a*- and i
received at .mce the support ?.f the
? ?'hamber of Com AMI VC and <>th"r com
BMM :al organizations. It proposed to
op?n up to Richmond a larae and fer?
tile >e, tlon .>f tiie tSate whirh is at;
present without railroad facilities ot
any kind, and which trades almost ex?
clusive!} with Baltimore by way ot
the Chesapeake Bav.
The enterprise was ? h?rtere?! by
the .State Corporation Commission on
rterun 1". MX with an authorized
capital of ItNMM The ?harte: al?
lowed the ?ompany a ruinimum capi?
tal stock of $1.*M.*M and designated
Richmond as the home office of the
i 6| Doralifin.
K? gotlatlons were at onc<- begun, for
t'ne sale of stock In this city ai
th* North. Richmond capital 5if?f
?cribed fparir.glv. and the project
rested while the officers and inrorpo
! rators made an effort to secure the
needed money |sj the North. The n- ? -
esaary funds were secured in New
York, where by far the largest amount
of the stock was taken.
?harter >aa?e? Rlrbssond Mrs.
Channlng M Ward, of this city, was
named as president of the Richmond. ;
Washington and Chesapeake Railway
i'ompany in the application for a ?-har
tig. The other charter officers are:
?:. Randolph Wellford. Richmond, vice
president, and Charles W. Buck. Tap
paliannock. secretary and treasurer. In
the list of Incorporators an- lnclu?led
Thomas Brown. Hague. James I>ewls
Miller. Virginia. T.. M. Carringt?>n.
.Richmond, and Kdward A. Cannt.ll.
Tappahanno? k.
At the time of Its incorporation It
was stated that construction on the
new road would begin about March 1.
IMS. The hitch In securing the nec- ?
essary funds brought delays, with the
result that work was repeatedly de?
ferred. The company expects to be?
gin construction within the .-?xt few
days, and promises to have the track
complete within the year.
?itaatlard biait Rm?.
The Richmond. Washington an<3
Chesapeake Railway will be a modern
/standard gauge r?ad with a heavily
ballasted roadbed .apable of handling
th- heaviest passenger and freight ]
traffic. It ?:11 tap a large section of i
? the State that has never :n Its his- I
tor? heard the whistle of a locomotive, j
' and will mean much to the develop- j
ment of the Northern Neck.
With the completion of the new road. ,
It is expected, will come a closer com- |
munity of Interest between Richmond :
md the northeastern section of the
State The ar?a that will fea opened up
Is a rich trucking. lisfrrng and oyster- ?
? air section which, because of the ab?
sence of transportation facilities to
1 the capital city, has been compelled to
I trade almost exclusively with Baltl
! mor?. and other Chesapeake Bay cities.
Operate Oallr Trais
One of the provisions. It is under
?l'Wid. upon the strength of which the
stock of the new- roa?l whs offered fo*
sale in this city, was that the wad
would operate a through train daily
between Richmond and Wioomlc Such
an arrangement, of course, will hinge
upon the co-operation of the Richmond.
Frederlcksburg and Potomac ano
<*hesapea>e and Ohio, hoth of which
roads connect with the Northern Neck
Railroad at Doswell. its western termi?
At Wtcomico the new line will hare
deep water to the sea hy way of the.
Wlcnpiico River and Chesapeake Bay
It ? ill touch the Important towns of
the several counties through which it
will run. and impart to them the new
life which follows the entrance of a
railroad into territory which has
known only the waa-nn and skiff
To the Richmond Chamber of Com?
merce goes a large share of the cre*l -
it for Its support of the project In the
earlv days when It was In Its forma -
tire stage In his annual messajre to
the membership of the hamber at the
Jefferson Hotel last Tuesday ?night.
President '"arrtngton called attention
to the enterprise snd predicted that
the- new road would soon become a
Ullh \tien.|.? to Bring. \H??,
Iteatk of liW leader.
Jersey ?~,t Fi ?n I?A senuel
to th* re. cot shooting of Thorn a? < on
r?y rmme loi.v ait, me arrawt of
Pet?r T Vjri t v. hu.ir.~rs .gent of the
llimtssl IsflaHl s 1'nton. of this city,
on a rirrtni hnr..-.ng consplr^<-\ i?,
+n att.-npi to l.rln* sbe-?it the death of
Jsjlm W B.rke. a m?<wt? r of the same
unm- < onray was shot bv mistake
by New York ?anrsters. who cama
here in sefcr?h ?.f hmk?. arcordlnar to
an ?liegen confess <-n h> ore of th?
men arrested Just after the shooting.
Expects to Prove That
He Did Not At?
tack Wife.
Mrs. Beach Will Be Star Witness
for Defense, She Steadfastly
Having Maintained Husband's
Innocence?Millionaire De?
fendant Will Take Stand
in His Own Behalf.
Aiken. S. <?'., February ?Fred?
erick t_?. Beach. Prominent New i
York Millionaire. will be plan d j
or. trial her,, to-morron charged
with assault and batter>. with j
intent to kill bin wife, Camilla Morse |
Havmc.er Beach. Mis. Beach is ex-i
peeteu to th. xtar w i tries* for the
defense, for -ii ? hajs ItMslfu?I :i.at?
tained tnat ahe was riot attacked by
her husband.
Prospect* were to-n!ght that the
trial wouid consuin. not more than
two days. The Jury will be selected
from ? venire of thirty-six men. most
of whom are lurm'.ri. In spite of
the public:ty given the case in the
newspaper*. link troubl :.s anticipat?
ed in securing a Jury.
Prosecutor it, l. Gunter declared to?
night that he had a prima facie case
Against Beach, but the large array of
legal talent wnich the latter haa r^js
t'red in his defense expressed conti
deuce in its ability to establish Beach's
BtgM Ultnesse, fr.r slate.
Eight wltness"S have been tubpoe
naed by th' pros-cutlon. They include
Herbert F. Gybs May. of Aik-r,, to
whom Beach showed the pocket knife
with which the prosecutii n alleges he
?lashed his wlfe'a throat; Sheriff II II.
Howard, who was chief of police at the
lime. S. E. Ilollev, the rural police?
man, who brought about Beach's ar?
rest, and A K. I^orene. eaUtdr of a
local paper, who found a blood-stained
fence paling near the Bea'"h home.
As far as is now known, only thre? I
witiiess-8 will be put on the stand
by the defense. Mrs. Beach probably
? !1 be th- first Miss Marion Itillins,
of K? w Vork, who M a guest at the
Bench home here the night of the j
assault, !s expect-d to t.e a witness,
and iBeach probably will take th*
stand himiW.
The assault pn Mrs. Beach was com-|
mitted on the r.ight of February 2?.
last. Som? one struck her over the
head with a heavy instrument and In - :
Dieted a Jazged cut in her throat, ap?
parently with a pocket knife. Beach
was arrested on April g charged with
the asaault. the police contending that
he had attacked her behind the laun?
dry that stood near the Beach honv
after he had failed to catch a "white
man in a gray suit," who fled at his
In spite of the fact that Mrs Beach
stoutly maintained that she had been
assaulted by a negro, whose motive
was robbery, the city authorities em?
ployed a detective to work up the case,
and upon the information he presented
to the grand Jury Reach was Indicted.
Prosecutor Gunter to-day took hy
consent the testimony of Miss Lallan
Wyman. who is too ill to appear as a
witness. Miss Wyman. the daughter
of a prominent physician who lives
d.rectly across the street from the
Beach home, is alleged to have seen
the mysterious "man in gray" running 1
away from the scene about the time !
of the as&ault.
Finds Blood on Knife.
Counsel for the defense also waived '.
objection to the Introduction of the re
near! of Boyden Mima, a Columbia :
chemist, who examined Beach's pocket- (
knife In his report. Mlms said that
in his opinion several spots found
about the base of a broken blade were
blood corpuscles
Judge j. jr. Spain will preside over i
the Aiken County Court of ?Jeneral ;
Sessions. In which Beach will be tried. !
Prosecutor Gunter will conduct the .
State's caae unaided. Colonel D. S.
Henderson, of Aiken. will be in charge ]
Thomas S. Fuller, of New Tork. Con- I
of the defense, and will he assisted hv j
eressman James F Byrnes. J B. Sallev
and W Q. Davis, all of Aiken.
The winter colony does not appear
to be unusually excited over the trial,
and few persons of prominence are
here especially for It. Beach and his
?ife have remained close to their
hotel since their arrival here last
week, and have discusse'l the case only
with their lawyers. I'nder the laws
of the state, assault with intent to kill
is not a felony.
Rockefeller Richer
by Many Millions
Huge -Melon" ta f at na Reenlt of
?nprene < oeirt Per re c. I>teeolT>
lag "-tnndnrd (HI < e.
\.n Inrk. Frbmery X?Joan It.
Rockefeller 1- a io.-ion.oia. richer to?
day than be wan xaeterday. Of a
?aerial dividend declared te-dny by
tkr ?taadnrd oil < eaeamay of >>w
Jeree;. thla asae-nat approximately
represent* bis share of ? total dis?
tributive of *.TO_'W2.nno on the rou
,.n.i< ? rnpltal stock at the rate of
MO a share.
The hagr "mrleo*" reanra an a re?
mit. It we* lodlcnted In n etate
nirat glxru eat hy the reanpnny. of
thr ?apreote < ?ort dlaaalntlon de?
cree. Thr? oeresaltnfcd the pn reseat
to ?hr parent reaapany of teal mnt
owed fo It hj former eobeMtnrlen..
It nyaja explained that thla divi?
dend represented aaooeya owned to
thr eaaapnny hy If* ?ubatdlertee at
thr ftaae of the dtaoolntloa.
?the companies bate made pay?
ments.** n atafeaaenf any*. ??frees
lime to time na a Mr to do no from
moor.a ratoed hy the renllantlon of
nani la or tnerenm* of ea ptt a I atork.
In roaad ggarea the total nor?
mest* to atorkheldrra mill eatooaf
to gn.gas.aaa
4nnooneen*ent waa made fo-day
that ?torkbolderm of the < emtleea
tnl ?XI ? aennnny will orel at I oaio
rtl MosTa. Iowa, an Werch ? ta Vote
on n prep*?el ?0 terminate the cor
parate ralatrnee of the reaepaei.
The csnsaany **?" orneataed In Inn?,
nnd wa* foroserly n ?tnndnrd oil
Controversy Over R.. F. & P.
Tax Settlement Is Now
Moore Will Be Guided by Attor?
ney-General's Decision on
Constitutional Point.
JCo further opposition to the com?
promise of tax claims between the
Commonwealth of Virginia and the
Richmond, Krederickshurg and Poto?
mac Railroad Company will be ad?
vanced by State Auditor C. I>ee Moore
It may be safely stated that if the
money is tendered to him In settlement
of the claims of the State he will
accept it.
The opposition of the Auditor has
been regarded as a serious impediment
In the way of final adjustment of thla
long-standing dispute over taxes. A j
special commission representing the
State and a committee from the board
of directors of the road finally agreed
upon a basis of compromise. The Au?
ditor, however, took the position that
the act creating the spex-ial commission
was in violation of the Constitution,
in that it permitted a reduction of a
claim for money due the State
(?uided h>- Attorney-t.eneral.
He now agrees, however, to be ,
guided by the opinion of the Attorney
General on this point, and to make no
further protest. There is little doubt
what the opinion of the Attorney-Gen?
eral will be, since he attended the con?
ferences as the legal representative of
the State, and has consistently agreed
to the proceedings. Further, in con- ;
versation he has indicated to Auditor
Moore his belief that the act in ques- ,
tion is in accord with the Constitu?
This decision comes at an opportune
time, for the stockholders of the Rich?
mond. Fredericksburg and Potomac
Railroad have been called to meet at
11 o'clock to-morrow morning in the
general offices of the road in this city
for the purpose of passing upon the
compromise agreement and of ratify?
ing or rejecting it. *
It had been feared that th" contem?
plated refusal of the Auditor to ac?
cept the money involved in the agree?
ment might influence the stockholders
against consummating the compro?
In view of yesterday's dev elopments,
no doubt is now felt that the stock?
holders will consent to settle on the
basis named, and that the road will
pay to the State and localities mor
than HIT..!*"*, will surrender the gg>
emption from taxation it has enjoyed
for nearly eighty years, ami will se?
cure amendments to Its charter put?
ting it on a par with the other rail
roads of Virginia.
Moore's Tasltkm.
"The Attorney-General.' said Mr.
Moore ?. csterday. "is my legal adviser.
The act passed by the Legislature,
creating a special commission to act
for the state, giving It power to close
an agreement, may be taken as the
action of the representatives of the
people. Therefore. If tt?e Attorney
General thinks the law is in confor?
mity with the Constitution. I shall
waive further objection and ?Hi ao
cept the money If It Is tendered to me."
Natnrallv. this post;Ion will be much
more popular In those counties and
eitle? of the State through which the
railroad runs, than ws* the argument
that the law la ?nconstltutlonal These
localities, which hav? been fighting
for -.Hi, l'?r- to se< ure ta\e? on the
same basis paid to eitle? and counties
by Ihe other raltrosvta, have been ex
ceedlnglv anxious to s?e the agre. .
ment ratified. ?;o?d slaed sums c..me
to tbem by ogwratbn of the compro?
mise, amounting to ??<? >ears* prow
ertv ts?. and. In addition, they are as?
surer! that In future the regular taxes
will n< paid th- . b% Ihe railroad
While the Sepreuie Cour? of Appeals
e' Virginia has derided that the rall
reaid forfeited Its exemption by ac
ceptmg an amendment to its .-harter,
the sppeal is still pending In the Su?
preme Court of the I nited States, ad
the outcome is. of < owrae. dovMful.
fi???? rty Tas MM ?sfced gwe.
Farther, while Virginia sec a rod a
decision in her own court It was re
the subject of fr?nchi?e taxes omly.
~ (Contlaud on .?*???. ?n'h Page)
Report of Money Trust Commit?
tee Is Certain to Encounter
Prohibition of "Interlocking Di?
rectorates" Is Likely to
Cause Most Trouble.
Washington. February 3.?Tho House
Hanking and Currency Committee Is
preparing to consider the report of
that body on the money trust, which
Chairman Pujo, with the aid and as?
sistance of Samuel L'ntermycr, counsel
for the I'ujo subcommittee, now is
a meeting of the full committee has
been called for Wednesday to consider
routine business, and soon thereafter
the committee will take up "the money
trust" report. It will be well toward
the end of the session before the re?
port, with its legislative regulations,
can be worked through the full com?
mittee and the full committee to th? ,
Pnjo Worklsg oa Report.
Chairman Pujo has deserted his of- '
fice and is working long hours fram- I
Ing his version of the report. That
will be submitted to the subcommittee,
where it Is expected to encounter Its
flrst difficulties. The report as framed
b> Mr. T'u}o will embrace recommend*- j
Hons on the following principal points:
Regulation of stock exchanges '
through the Post-Office pepartment by I
forbidding the use of the mails for .
transmitting of certain transactions
dei med evil, such as short sales, ma?
nipulation and the establishment of
I false values.
Regulation of clearing houses
through an act making their incorpo?
ration a condition precedent to the
membership of national banks In such
Charters to eliminate the regulation
of tnterest of exchange charges by
clearing houses.
Stringent provisions to prevent na?
tional banks from loaning to their
officers or directors, and to prevent
national banks or their officers from
participating In syndicate flotations
of new securities
?"?ppositlon is looked for. both in the
subcommittee and the full committee,
to the recommendatons. The propo?
sition that will cause the most trouble,
it is believed, will be that to prevent
interlocking directorates" in Inter?
state corporations
Just what the recommendation on
tliis point in the PuJo-l*ntermyer re
port w ill be has not yet been decided
No matter what It Is. It will be op?
posed largely on the ground that the
Federal government has n<? Jurisdlc- I
tion to interfere.
r rieft?? Between ? ?sssaltteea.
Wi"-T the full com-r:ftee begins con
? Ider-ition of the report, the members
of the Glass subcommittee, which has
bes-'i conducting an independent inves?
tigation of the currency problem, will
Join In the debate There has been
considerable friction between the two
ends of the committee
Oialrman Pujo plans to complete his
report ebortly sfter he and Mr. I'n
termyer return from examining Wil?
li, -i itockefeller at Jek? I Island, near
FtrunswVk Oa. Tbev expect to start
for the Soqth en Thursday, sad to
r'firn as soon as possible
????red Tbat Kaaiweer* Hate Jntsed
?he I ?*?*.
"^?snton f* . KeVuarr 3.?Accept
inat th? ..im.* of union banders tbe
mon or'-. I. Is as-t.rer? the sf.ker*
I nearlv all the ? c ? ? > ? . e
*d :be o?naaixatlon. and that the
?rs ha?e agreed to become mem
Efforts to Send Him to Cell
Are Blocked by
"Friends of the Court" of Judge
Guthrie Seek to Have
Writ Quashed.
Kansas City. Mo?, Fehrnnry ?An?
other attempt to plnce William It. Nel?
son, editor and owner of the Knnsna
City Stnr. In Jail for contempt of court '
wan blocked to-do > when sheriff WIn?
sinuier, In the Knnana City ( ?ort of ,
Appeals, repudiated a motion tiled In
bin nnme by "frlenda of the court" of
< Ircult Jndge Joaeph A- Guthrie, ask?
ing; that n writ of habeas corpus, on
which Mr. Nelson wna released Satnr- i
day. be qnnahed.
The Appellate Court then certified
the case to the State Supreme Court. :
In the regular order of the docket, I
months may elapse before the case can
ha heard. In tho meantime the status .
of Mr. Nelson will not be changed.
The court made no reference to the :
tiling of the application for the dis?
missal of the motion, save that it
made no difference in the case wheth?
er the motion stood or not, since the
court had sufficient douhx as to Juris?
diction to make prompt reference to
the higher tribunal
Had Aaanrance of Gnthrte.
Attorney O. H. Dean, ons of the
seven "friends of the court." whose
names were affixed to the motion to i
quash, told the three Judges of the
Court of Appeals that the sheriffs l
name had been placed on the motion \
on verbal assurance from Judge Guth?
rie that the sheriff approved the sig?
Tt was Judge Guthrie who sentenced
Mr. Nelson to one da- in Jail for con?
tempt for printing a criticism of the
court that Judgo Guthrie held was
An attempt to argue the motion was
made by Attorney Dean, hut he was
stopped by Presiding Judge Ellison
with the announcement that the court
had decided that the habeas corpus was
good, and that the case would be cer?
tified to the Supreme Court.
Frank P. Walsh, attorney for Mr.
Neleon. charged that he had been mis?
led by the filers of the motion, and At
1 had been filed in good faith,
torney I Van declared that the motion
block the administration of Justice."
"The idea that any sheriff < ould
; said Mr. I>ean. "never had occurred to
' us. If su< h things can he done, any
common constable could allow the
greatest criminal on earth to escape "
Charles Shannon, attorney for the
sheriff, in asking that the motion be
! dismissed, said
"Sheriff Wlnstanley respectfully
?fates that said motion was not filed
bv him or by his authority, and he.
therefore. pra> s the court to disregard
the aforesaid motion and strike It from
the flies of the proceedIngs
Sheriff Wlnstanley called me by tele
, pb..ne for a conference regarding his
placing his signature to the motion.
When I reached the courthouse the mo?
tion already had been filed. I advised
, the sheriff to repudiate th? Signatare.
I which, through me. he now doea"
Ctelelas let to a of -Prleads."
Attornej Ifcpan. in explaining the gr
| tlon of ?he neven friends of the
court of Judge ?Juthrie .A|d to the
Conrt of Appeals.
"After the motion was drt.irn up It
?at submitted to Sheriff Wlnstanley. ?
Into whone custody Mr V !.?..:; went
after conviction bv Judge >;nthrie, as
a matter of rnurtea*. We were r.ot
striving to use the sheriffs name, but
? nsghi to affix it rourteoTislv The
sheriff said be ?. iM ??? until
anll*)P*st tn go no bi his ?tt-.roei. The
matter required haste. Th- name was
placed on the motion ? l,.|i Infer Judge
Guthrie telephoned tis that the sheriff
had approved the action
"Wn arerr astonished when, upon Kl?
ing the me ?ior. Mtorney Walsh. At
tornej Khannno and Wie riff Wlnntanley
?erne marching up and Informed on
we had done an unauthorised thing
Sonv-thtna seems envious We all
know tha' Judge Gnfhrie did not tell
us a falsehood."
Thirty ? Eight States
Have Ratified Consti?
tutional Amendment?
W aahlngtoa. Febraary ?'?IMrect
lain upon the laromes of citUcaa of
the Inlted. Mates, whether, derived
front I.Il> capital or from the coadart
of business, were niir possible to?
day by the ratification of tho sixteenth
amendment to the Federal < omatlra
tion. Delaware. Wyoming; aad New
Mexico. indorsing the Income tax
amendment through their respective
LearlnlatorrM. completed a Hat of thlrty
rlght state* that have approved! It.
two more than the three-foartha ne?
cessary for its final adoption.
Leaders in Congress predicted to?
night that through this authorization
tho law which will bo passed to levy
the tax upon American income* will
be introduced as soon as the extra ses?
sion opens. Its exact terms have not
been decided upon, but it is believed
it will exempt all incomes below $4.
000 or Jf.,000; and will provide a tax
of 1 per cent upon the majority of per?
sonal incomes that do not run to an
excessive figure.
Informal notice of the final adoption
of the new amendment was given to
the Senate by Senator Rrown. of Ne?
braska, who introduced the resolution
in 19*3 upon which the proposal for
an income tax was submitted to the
Drafting of the bill to put the tax
in effect. It la expected, will fall to
the lot of Representative Hull, of
Tennessee, a member of the House
Ways and Means Committee, who drew
the excise tax bill proposed last year
by the Democratic Rouse of Represen?
tatives, but which did not become law.
The income tax will bo designed to
supplant th?? present corporation tax
and will apply to the Incomes of in?
dividuals, firms and corporations. In
a statement to-night Representative
Hull declared he favored making the
now tax an Integral part of the finan?
cial system of the United States to
remain in full force without regard to
the character of tariff bills that Con?
gress may enact from time to time.
Will Collect at Source.
One feature, which it is believed wilt
be Included In the law. will be pro?
vision for "collecting at the source"
of the income. This feature, now In
operation in Kngland, would require
firms to certify to amounts they pay
to individuals in salaries or fees or
pay the tax direct to the government.
It Is believed this would remove much
complaint that might be made if the
government had to investigate every
citizen's income and would prevent
evasion of the law.
The annual amount that the govern?
ment may realize under the Income
tax is estimated by Democratic lead?
ers in Congress at approximately $190,
000,000. This would include tho $??,
000,000 collected under the present cor?
poration tax.
"t'ne of the Important results of an
Income tax," said Representative Hull,
"will be the curbing of unnecessary
Federal expenditures. When a great
part of the government's income Is de?
rived by a direct tax upon the citlsens
of the nation, they will scrutinize more
carefully the appropriations mada by
vi IIa?a May Aaaoaace It.
Probably It will remain for Presl
dent-Elect Woodrow Wilson to make
official announcement of the Income
tax amendment to the Constitution.
l"p to date the State Department haa
received notices of approval by the
bag statures of only thirty-four States.
Want Virginia. Dataware, Wyoming
and New Mexico not having reported
on their action. The department can?
not act upon anything less than tha
official certificates of the <o>vernors
i and scretarles of State.
Kven when all of the certificate* are)
at hand, the executive wilt not be la
a position formally to announc that
fact. In a matter of this importance.
It Is necesnarv to move with extrem?
caution, and Secretary Knox. the cus?
todian of the certificates, will rsjfsr
I them to the solicitor of the Depart -
ment of State for examination as to
their suffictencv.
Alreadv some questions have been
raiacd as to the legality of the ra
t'i-ri ?>ne was in the case of Ken?
tucky, where the Legislature initial
Tv s iopte.i the amendment in advance
' of the receipt from .secretary Km hat
I the formal communication which
should serve aa a basis for < -t?te'a
, tloi In consequence of this hag**,
land the use of a newspaper clipping*
the language of the enact lag reaohM
lion was slightly error.eou?
?Kraal ?? i orreet Krror.
As soon as the error was discovered]
an attempt was made to cor- :t by
a re-enactment of the resolution laj
proper form, which action, howeveg.
has raised an leans that mast be pass?
ed s'swn by the solicitor I* ? -?? a Hog
"at Secretary of State ??ward, la
l??t. practically referred to Coagrs?
the uuesti. n as to whether the foajr
Drafting of Bill to Put Tax Into
Effect Will Begin at Once and
Be Passed at Extra Session.
It Is Expected to Add Not Less
Than $100,000.000 Yearly to
Country's R e v e n u e?Dela?
ware, Wyoming and New
Mexico Last States to Indorse
It?Working Details as Yet
It Is probable t
w ill : ? ? - .
on the basts of the
will await I ??
from some of the
- et a ted y
bat are r?e?~?aM
favorably In thl?
for the t.me reiui
lag esasalnstton I
?vwhablv Will bo
fore tho Piantdeal
i i on': T1 *d en
nm. aa~
->s. hart,
' a lea
- ? Fagte

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