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The St. Paul Globe THE GLOBES CO.. PUBLISHERS Papm Tv^°j^jj°j^yy»> £t. Paul Entered at Postofflce at St. Paul. Minn., : r.-. as Second-Class Matter. TELEPHONE CALLS __ Northwestern—Business, 1065 Main. Editorial. 78 Main. __ Twin City— Business, IMS; Editorial. 78. CITY SUBSCRIPTIONS ' By Carrier—Monthly Rate Only baily only 40 cents per month Pally and Sunday 60 cents per month Sunday ; 20 cents per month « ■ - COUNTRY SUBSCRIPTIONS " 'By MalL 1 1 mo. 16 mos. 112 moa. bally only .25 $1.50 *3.00 pally and Sunday .. .35 2.00 4.00 Bunday 20 1.10 3.00 EASTERN REPRESENTATIVE fer. J. MORTON. 150 Nassau St.. New York City. . 17 Washington St.. Chicago. - FRIDAY, MARCH 10, 1905 WHAT TO DO The power and the duty of the city in the matter of its present lamentable and confused relation to the street railway company are both now made perfectly clear. We can know exactly what ought to be done and how t« do it. From the moment when the public mind opened to the fact that the so called compromise was really a sur render, that the street railway com pany had obtained through this more than they had ever asked before, with out giving anything in return, a sort of despair settled upon our people. They knew that they were victims of a trick, but at its first discovery they believed themselves helpless. This is emphatically not the case. It now appears, not merely on the testi mony ofTheGlobe but by the opin ion of the best legal talent in the city, from which there is, we think, nowhere any dissent among competent lawyers, that it rests solely with the city coun cil to place the city in as good a posi tion as it occupied before the disas trous resolution was passed last week. The pardonable blunder of the council in being misled by the advice of a,city attorney whom it had every reason to trust, and its further and less pardon able error in permitting a matter of such moment to be jammed through without consideration or discussion, may now be repaired. It will close every avenue of criticism and gain the approval of every good citizen by tak ing the steps plainly marked out for It. It rests at this moment absolutely with the city council not only to repair all damage that has been done, but to place St. Paul in the way of securing the payment in full of the gross earn ings tax provided In the city charter, and of every other reasonable demand that it has made upon the street rail way company. Once more, regardless of all that has passed, the full responsi-. bility rests upon the council. It can make or mar the future of St. Paul. Remember the really terrible conse quences that will ensue if this path is not followed. Let no man deceive him self with the belief that the city has obtained anything whatever from the street railway company. It is not worth while even to compute how much we should get from the imag inary 6 per cent on gross earnings, in cluding all other taxes. It is not worth while to figure out whether that would be financially a gain or a loss to the city, because it need never be paid un less the street railway company pleases. It is not worth while to consider the building of any extensions provided for, the addition of any improvements nor any other item of the things to be done by the company as laid down in this preposterous agreement, because the city will have no power to enforce it. We have had some experience with the street railway company in the past and know that it never acts for public ben efit save under compulsion. It has broken all its agreements whenever it was to its own interest to do so, and it will act in the future according to its own nature. After six months from the entry of Judge Lochren's decree the street rail way company will come into actual and perpetual possession of all the privi leges conferred upon it by his de cision; and the city of St. Paul will stand stripped and weaponless at the mercy of the company. The latter can build or refuse to build, pay or refuse to pay, improve or refuse to improve, at its own good pleasure; being liable to nothing whatever except the or dinary tax rate on the assessed valua tion of its property, and subject to no regulation or control by any city coun cil. This is what will happen if no ac tion is taken. It is something worse than we have ever at any time contem plated. It is a more abject surrender of all our rights than the street rail way company itself or any of its agents has ever dared openly to propose. It is waiting for us just beyond the date of appeal to the supreme court. We can turn aside this menace by completing the appeal and carrying up the case in time. That is one duty resting on the council. Fortunately, these matters are no longer In debate. We know just what will "happen if nothing is done, and just what ought to be done in or der that the colossal street railway grab may be defeated. It is up to the city council and the people. Mr. John D. O'Brien'a remark .that Si. Paul baa not much left now but Its reputation aa the healthiest city to the world does not deprecate the value of that reputation as a civic asset. We, however, invite attention to the fact that this asset might not be ours now if Mr. Lowry thought it worth while to make a bid for it. THE FIGHTING AT MUKDEN It is probable that the late news of this morning will include a verification of reports that have filtered out In the form of bulletins from Mukden point ing to the imminence of a disastrous defeat, perhaps capitulation, for the immense army of Gen. Kuropatkin. His line of battle—nearly 100 miles long — has been broken through or turned in rnanj places. It is possible that his line of communication has been cut to the north and in this latter event nothing can avert his present surrender to the victorious Japanese—if Oyama can restrain the impetuosity of his men. The greatest danger to the com pleteness of the Japanese victory lies in the disposition of the little brown men to go too far in pursuit of broken columns, but in any event the victory will be only qualified. The battle, which has lasted nine teen days, has developed military gen ius of the highest order in at least two men—for if Oyama has shown himself a great master of offensive strategy, Kuropatkin has demonstrated tremen dous resources in retreat. For his re treat, it is clear, is a battle with a constantly changing scene of opera tions. The reports of the progress of the great battle show that it was precipi tated by the aggressive tactics of two of Kuropatkin's new corps command ers*-Linevitch dnd Rennenkampf. Linevitch, acting of his own motion, attempted to turn the flank of Kuroki's army. Kuropatkin had placed his forces with a view to receiving an as sault. Linevitch left no choice for the commander in chief but to accept the general engagement that was at once brought on. Linevitch failed in his at tempt on Kuroki and was driven from his position. He fell back Feb. 18 and since that date the ragged line of bat tle of the two armies has blazed with an incessant fire of incredible weight in metal and the guns involved. Ren nenkampf. with his heavy artillery and Cossacks, appears to have made the most determined stand. From Feb. 24 to Feb. 26 he held bis position on the extreme right flank, then falling back on Da pass, twelve miles to the north and leaving an opening which the Japs were quick to take advantage of. Up to March 1 Rennenkampf held the new position on the Hun river, with sixty field pieces, but his losses must have been enormous, and his final retreat was discounted. Up to the time of this second retire ment the fighting was heaviest on the right wing, but since Karaimura brought his fresh fifth army corps to the support of Kuroki there has been no reported difference in the vigor of the attack or defense along the entire line. Kuropatkin has moved steadily to the north, fighting every inch of the way, leaving thousands of dead, but. It appears, generally removing his wounded. For two days the wounded have been left on the field. Mukden is no doubt In the hands of Japanese and it is not conceivable that the Rus sian commander can extricate any considerable number of his hosts from the trap which the Japanese have closed around them. The dispatches tell little of the story of this battle—one of the greatest, if not the very first in point of deadliness, in the world's history. The fatalities were certainly enormous, much of the fighting being at long distance and the fire being maintained on the part of Kuroki and Kamimura with the 11 Inch howitzers captured at Port Arthur and used with fearful effect on the massed regiments of the Russians. Their de fenses were utterly useless against this heavy fire and the retreat from point to point was marked by slaughter. With his supplies cut off, at least 80,000 of his men, absolutely at the mercy of Nogi and Oku. himself and his entire army 'hemmed in between the walls of steel, formed by the Japa nese, Kuropatkin's condition Is prac tical hopeless. The story of the dread ful carnage is not yet told. We know in a general way that Kuropatkin had 400,000 men on the field and that as many as possible of these were brought into action on several days. The Japa nese attacking force consisted of about 260,000. Considering the nature of the country, the weight of metal fire and the duration of the battle we may look for such a. tale of horror when the cas ualties are reckoned as will make the Llaoyang affair seem comparatively insignificant. Now that the question of whether we shall build a large or small audi torium has approached the acrimonious stage agitation for some sort of au ditorium may be considered fairly un der way. SETTLING ELECTION. CONTESTS It is a fine spectacle for the state of Colorado to see the selection of gov ernor thrown into the legislature, and the members of that body dividing on party and personal linos with appar ently little or no reference to the ex-, pression of the people's will. This Is a substitution of government by mob law for orderly rule, and the direct sub ordination of the executive to the leg islative branch. It Is a monstrous birth of political corruption, and one-af.Uie. THE ST. PAUL GLOBE. FRIDAY. MARCH 10. 1905 lingering survivals In this country of an • old • and hated " system of * settling election contests. In all minor matters we have agreed to settle contested elections in the proper way, which is by judicial hear ing. The courts pass on the evidence, order a recount of ballots if necessary, and title Is thus finally established. With reference to the more important places we still cling to the old ideas, which lend themselves to partisanship, passion and every kind of abuse. For instance, election contests in the house of representatives are still decided by that body itself, instead of being re ferred to a court. The result is that men are almost always seated or un seated by a strict party vote, frequent ly in defiance of the strongest evidence and as a reward for the most glaring frauds. So wherever there exists any law that gives to the legislative body the power to name an executive, in case the popular verdict is in doubt, the very foundations of popular gov ernment are Shaken. Colorado is so deeply sunk in dis grace that one item more or less can scarcely matter. The example of Colo rado in this single particular, how ever, ought to speak to us all. Such a precedent led us to the verge of civil war in 1876. We have guarded against that one contingency, but everywhere in the nation and in the states the old system of deciding contests should be wiped out. In every case such disputes should be referred to the proper court for the taking of evidence and a judi cial determination based upon that alone. That Sioux City man who prayed so powerfully that two widows were moved to marry him Is worthy the at tention of the managers of the praying band that is working In behalf of Mayor Weaver. THE CIGARETTE AND THE SEN ATOR Senator Horton's defense of bis right to smoke the cigarette in preference to the pipe of evil odor and the nicotina loaded cigar, indicates that the senator from the Seventh ward has the cour age of his conviotfona. So much has been spoken and written to the dis credit of the cigarette that he who would speak in defense of the little pa per tube would need have his courage well in hand. It Is worthy of note, too, that Sena tor Horton's remarks are not so com pletely defensive of the cigarette as a defense of his right to smoke iL In viting attention to the fact that he has already arrived at that age which Prof. Osier has indicated as being past the creative period, the senator denies the right to anybody to prescribe the form In which he shall take his tobacco. And really there is much in this con tention. He would be in hopeless case who should contend that the smoking of a cigarette, or of many cigarettes, would have any effect upon a citizen of upwards of forty who had survived so many years of service in the halls of legislature as Senator Horton has. By all means let the senator from the Sev enth ward smoke cigarettes if he so de sires. He might be worse employed. By way of complement to the re marks of Senator Horton we are fur nished by Judge Finehout of the mu nicipal court with the statement that the cigarette is altogether pernicious and should be interdicted because of the evil influence it exerts upon the young. Judge Finehout does not claim the' fight to smoke cigarettes himself and is evidently not kindly disposed to the "coffin nail." But both these au thorities; the one speaking of cigarette smoking from experience, the other basing his conclusions upon observa tions of youthful offenders against the law, agree that the cigarette and the small boy must be separated. Arid when authorities agree in spite of their different points of view they command attention. Tobacco in any form is bad for the boy; pipes and cigars would certainly be more injurious than ciga rettea. But the latter are cheap as well as nasty, and inviting because they are more- palatable. We would not seek to deprive Sena tor Horton of his privilege of smoking his cigarette when he will unless some good is to come to the whole people from such a prohibition. Sumptuary legislation is always undesirable;, but If one small boy could be saved from entering on vicious courses by abolish ing the cigarette, Senator Horton's tastes need not be considered. Indeed we do not believe that the senator from Ramsey will stand too strenu ously by his rights if he can be shown the force of Judge Finehout's reason ing. The experience of Gen. Kuropatkin In bringing aft a masterly retreat with a dismounted army will go a long: way toward making the automobile popular with the Russian board of strategy. Still it la something to the credit of Andrew Carnegie that Mrs. Chad wick has not yet fallen on his neck and call ed him "papa." Besides it la admitted on all hands that Mrs. Chadwlck did not acquire that light, delicate touch until she was past forty. Whca Mrs. Chadwlck fainted in court she c just reminded the jury that .the Hmrvniß when her nerve was quite de pendable." --' Contemporary Comment t Contemporary Comment & * •-~" _. '-'■- ••---fc. ■• ■ i Return of Battle Flag* On Tuesday the bouse of represen tatives passed unanimously and with cheers a resolution ordering the batle flags sent home, and there is no reason to doubt that the senate wMI take sim ilar action without any palsying im precations. : Roosevelt will sign the res olution and the incident will be at an end. Does this mean that we are crazy or that we are changing our princi ples? Not at aIL It simply means that we are human. • When confeder ate veterans wept over the death of McKinley, when tributes from those jvho had fought him In the field were as sincere and beautiful as any that came from northern soldiers, the spell of sectional animosity was broken.— Philadelphia Inquirer Canada Views With Alarm The United States war department has adopted plans for the establish ment of a great military post at Fort Niagara, at the mouth oX the Niagara river, opposite the village of Niagara on-the-lake. It Is rather curious that, while Canada has dismantled and al lowed all her fortification along the border to fall into decay, the United States should adopt a menacing policy. The United States papers are full of declarations that Canada has nothing to fear from the proceeding, but if we had set to work to build a similar fort the same papers would have been full of denunciations of our scheme to de vour them.—Montreal Witness. Would Be » Nice Howdydo Robert B. Roosevelt, the president's uncle, thinks Theodore Roosevelt might again be a candidate if he were nomi nated by both parties. But will the Re publicans indorse him if the Demo crats nominate him?— New York World. Dominican Independence If some European power were to taite charge of Dominican custom houses, which the senate had refused to let the United States take charge of. what right would this country have to object?— Chicago Tribune. Unmarried and Unchloroformed Now that Dr. Osier has admitted that he only spoke In a Pickwickian sense and Miss Irwin Is busy on the stage, it is believed Mr. D. B. Hill will emerge from the cyclone cellar.—New York Telegraph. Are Music to His Ears Gen. Stoessel has reached Russian soil, and after his siege at Port Arthur the few bombs they are throwing around at home must seem to him like a sort of a celebration.—Philadelphia Telegraph. Times Have Changed A Kansas legislator didn't want to stop work to listen to an address by Mr. Bryan. Eight years ago such « man would have met an umpire's fat* at the hands of an angry Kansas mob. —Denver Republican. Might Try Something Useful Prof. Loeb claims to have produced life from the unfertilized sea urchin egg. But what we want to know is whether he can produce an egg at less than current prices.—Detroit Tribune. Only by Joe Cannon or Bob Evans "Out, damned spot." says the Phila delphia clergyman. And if his prayer is answered the City of Brotherly Love may be referred to as the "damned spotless town."—New York Mall. Knows the Points of the Compass President Roosevelt i? going to hunt in the "big thicket" of Texas. It will probably be easy for him after hunt ing so long in the political labyrinth at Washington.—Denver Republican. Has Donned His Winged Shoes Ex-Senator Pettigrew predicts a third term for President Roosevelt. The ex-senator is probably lined up for a rush toward the pie counter. —Atlanta Journal. So They Can Be Somewhere Else The North sea fishermen would be obliged if Rojestvensky would take the trouble to give notice when he is com ing back.—Washington Post. Enough Dtad Ones Around Now Dowie hopes to raise the dead; when he dies it is hoped he won't leave his secret, if he has it, behind him.—Hous ton Chronicle. Always Hanging 'Round In all his experience Gen. Kuropat kin has never met anybody so per sistently and offensively chummy as this man Oyama.—Chicago Tribune. Aren't Quite Crazy Yet Though they are known as "liberal spenders." the senators wouldn't spend $357,000,000 in a day of their own money.—Baltimore Sun. The Suspense Is Ended Bulletin: Chairman Taggart now concedes Roosevelt's election by a substantial majority.—Chicago Rec ord-Herald. His Place Is Secure It is announced that Admiral Dewey has the grip. But, for the matter of that, he never lost it.—Baltimore American. He Got More Than He Wanted Maybe Dr. Osier said it so as to get a big batch of press notices on his departure for England.—Birmingham News. TODAY'S WEATHER t i —— : —i WASHINGTON. March 9.—Forecast: For Minnesota and Wisconsin—Fair Fri day; Saturday fair, warmer: light to fresh northerly winds, becoming variable. For Upper Michigan—Partly cloudy Fri day; Saturday fair, warmer; fresh north erly winds, becoming variable. For North and South Dakota—Fair Fri day; Saturday fair, warmer. For lowa—Partly cloudy Friday; Sat urday fair. For Montana— Friday; Saturday fair, warmer In east and south portions. St. Paul—Observations taken yesterday by the United States weather bureau. W. E. Oliver, observer, for the twenty four hours ended at 7 o'clock last night (barometer corrected for temperature and elevation). Barometer. 29.89; mean tem perature. 30; relative humidity. 78; 7 p. m. temperature. 28; weather, partly cloudy; wind at 7 p. m.. north; maximum temperature. 32: minimum temperature. 28: daily range. 4; precipitation, trace. Yesterday's temperature at other points: •SpmHigh •SpmHlgh Alpena ....... IS 401 Los Angeles . .62 68 Battteford 20 22 Madison 23 42 Bismarck ....24 24 Marquett« 10 18 Buffalo 36 44 Memphis 40 44 Boston - 38 46 i Medicine Hat .32 50 Chicago 32 48 Milwaukee ....30 46 Cincinnati ....40 40 Minnedosa ....13 16 Cleveland 38 42 Montreal .....20 24 Dea Molnes ..32 48 Moorhead 16 18 Denver 46 &0 New Orleans ..62 70 Detroit - 33 .40 New York City.3B 44 Duluth ... 16 IS Omaha 34 54 El Paso 54 66 Plttsburg 40 40 Edmonton ....22 26 1 San Francisco .58 " CO Escanaba .....12 36 St. Louis .....46 48 Gal vest on 54 54 Salt Lake .....52 54 Grand Rapids.3o 44 San Antonio ..64 63 Green Bay --20 40 San Diego ....62 64 Havre ...... M 44 S. Ste. Marie .10 16 Helena ..».:.. M"■ 44; Washington V.34 " M Huron 26 20! Winnipeg ••••- 6-1* -Jacksonville ■ ..7t - SO. . . Z-r- •Washington• time (.S p. m. St. Paul). What the Editors Say There may be lots of bad whisky In the market, but the editor of the Her ald, wbose knowledge is limited along this line, has never heard of any cheap whisky. Evidence supporting both these facts is found. Last summer— before the gubernatorial campaign had reached its height— art itinerant whis ky salesman visited tfce vicinity of Prinieton. where he took orders among the farmers for a certain brand of whisky—for medical purposes, no doubt—and secured orders for several gallons of this particular brand of elixir of life. In each case the pur cjiaaer affixed his signature, and now the orders are turning up in form of promissory notes —and the whisky is costing about $100 a gallon—which he has reliable information is a steep price for the very best brand. —Ada Herald. The free text book bill before the legislature is meeting with violent op position and deserves all the opposi tion It has met. This bill provides that all school districts in the state shall provide free text books for their pu pils, and in case they fail to do so the public state school fund shall be with held from such district. We already have a law which permits the people to have free text books If they want them and that Is enough.—Fairmont SentlneL Former constituents of the truly great editor of the Sauk Center Her ald announce that Brer Eddy will be a candidate for congress to succed the genial and gentlemanly Buckman. Col. Eddy Is letting his curls grow In wan ton luxuriance, is neglecting to polish the heel of his left shoe and picks his teeth with a straw—signs which, to the Initiate, mean a canvass of the rooral deestrlcts with an object in view.-* Bemldji Sentinel. Senator Patrick Fitzpatrick's atti tude regarding Senator Laybourn"s bill to abolish the grand Jury system commends itself very heartily to the Morning Independent. The grand Jury is one of the strong bulwarks of our government, a safeguard of the people from beiTTg overridden by corrupt in fluences, and should be retained at all hazards.—Wlnona Independent. And now the state fair officials are asking for $250.000—a quarter of a million dollars of the people's money— for a live stock amphitheater. They may have pull enough to get It, but that is a big pile of money for the state to invest in a structure to be used one or two weeks in a year. Such an expenditure would be rank extrav agance.—Aitkin Age. This from the Turtle Independent: "The pine boughs seem to whisper that Senator A. D. Stephens of Crooks ton will wear the next congressional toga of the ninth district In two years hence." Possibly, if Congressman Steenerson dons the senatorial toga, not otherwise. —Cass Lake Times. John D. Rockefeller isn't a bad man to have around a church. Last Sun day he dropped $55 in the contribution box and promised to fix the church roof. Some of you feliows who have been buying salvation with coppers had better let John alone. —Lake City Republican. Mrs. Jefferson Davis accuses Gen. Miles of a "continued infraction of the most obvious rules of veracity." Mrs. Davis is a perfect lady and she could not use the shorter and more expres sive word, but we all know exactly what she means—Sioux Falls Argus- Leader. Congressman Adam Bede was show ing some of his constituents around the capitol at Washington and the slim attendance in the senate was noticed whereupon J. Adam Bede explained that some of the senators were having difficulty in obtaining bail.—Wright County Times. : It is well that Dr. Osier didn't live In the long ago. If he had we might never have heard of Noah and Methu selah. They did most- of their work after they should have been chloro formed a half dozen times.—Red Wine Republican. T — A Among the Merrymakers I 4 ; . 4 Yet to Come h»'7 h ta ill 1 do; Marla." he said, after she had talked for five minutes without a break. . "admit that Iv squandered money foolishly, but I don't want any cur tain lecture about It." "Curtain lecture?" she exclaimed. "John raise?-" y find this Is only a curtain As she proceeded to demonstrate.—Chi cago Tribune. A New One »». "In. the dark, with life, preservers on the side! bawled the waiter in the quick lunch emporium. - v - **ulCtt We knew that "one in the dark" meant coffee. „ "But what on earth does he mean by life preservers?'" we asked. ..!.; nuthln>" replied the proprietor, its Just^a new name for sinkers."— Houston Chronicle. •• -, »""^r* i*.,; An Alluring Sound How did you get your father to let you take Painting lessons V asked the first Chicago girl. "I couldn't get mine inter ested at all. ••Neither could I when I talked of paints." replied the rich porkpacker"s daughter, "but when I called.them 'pig ments* he cocked up his ears."— delphia Ledger. Had to Go Linger Longer Lawrence— lady. I was forced to leave the roof that sheltered me for twenty years. Mrs. Handout—How was that, my poor man? Linger Longer Lawrence—Me time ex pired.—Chicago News. Couldnt Be Positive Nell—He asked me if your hair was dyed. Belle—The idea! What did you tell him? Nell—l told him I didn't know; I wasn't with you when you bought it.— Philadelphia Ledger. Setting Him Right - * "I am investigating the state of educa tion In this country," began the learned looking man. "Then, why don't you go there," growled the busy pork packer; "this ain't the state <->• education; it's the state of Illinois.— Houston Post. Not Laughing "They say that love laughs at lock smiths.' ... - "I'm not so sure about that." answer ed Mr. Curarox, "when an American heir ess can show a foreign nobleman a fire proof safe with a lot of gilt edge securi ties inside he generally looks right seri ous."—Washington Star. Giving It the Proper Name The Daughter—No. mother, dear. I could not marry Mr. Smith; he squints. The Mother —My dear girl, a man who has $100,000 a year may be affected with slight optical Indecision —but a squint, never! —London Tatler. Probably. It "He says he knows all the best peo ple, but he doesn't seem to associate with them." - - •That's because the best people know —Houston Post. ■ His Preference . —You're a yellow monkey*. \ ... ..-- Jap—Well. - I'd rather.. be a - yellow monkey than a blue.one* —Detroit Free Press. -; -• ' V .■■;■:,- ;-,- ■-■'•' . At St. Paul Theaters "The Tenderfoot." Richard Carle's operatic comedy, with Texas as a back ground, and with Texas rangers, cow boys, Mexicans and Mexican girls to give it life, and the author in the title role, entertained the patrons of the Metropolitan last night. More than a year has.elapsed since Mr. Carle first presented this creation here. In this case a. marked improvement is noted in the cast as well as in the chorus. The role of Marion Worthing ton. the heiress. - intrusted to Helena Frederic, who gives it proper personal distinction, and displays a mezzo so prano voice of musical quality. Edmund Stanley still plays the col onel of the Texas rangers, who resorts to a ruse to win Helena. His tenor voice serves him well, although it re vealed some signs of fatigue last even ing. Mr. Carle, who is responsible for the book. Is as amusing a3 ever. His hu mor is of the dry, eccentric sort that never fails to reach across the foot lights without undue perceptible effort. Miss Beatrice McKenzie looked comely and sang well in the role of Flora Jane Fibby, the authoress, and Minerva Courtney contributed some eccentric dancing in the character of Patsy. William Rock furnished a laughable Impersonation of Hop Lee, celestial servant, and Henry Norman still plays Honest John Martin, the seasoned gambler, with the relish and spontaneity characteristic of his por trayals. Nellie Lynch, as Sally, the maid, was satisfactory. _ * " The most fetching number in the piece Is the Alamo song, sung by the entire company in the second act. Oth er pleasing compositions by H. L. Heartz, Mr. Carle's collaborator, are the song, "Only a Kiss," sung by Marion and the Mexicans and cow girls, and Paul's solos, "A Soldier of Fortune" and "Adios." Pretty scenery and costumes distin guish the production. —F. G. H. , Chamber music Is heard to much better advantage in a music room of moderate dimensions than, in a conceit hall. Those who attended the Lenten recital yesterday morning in the Aber deen found the size of the room in which it was held admirably suited to the form of music presented, although in respect to other recital requirements the room is not ideal. The quartette which presented the programme, with the assistance of Lewis Shawe, is a new one, although the individual members are well known. It was organized with the avowed purpose of arousing a more general interest in this form of music, and, though the audience was small yesterday, the enthusiasm aroused was genuine, and it seems probable that the purpose will be realized. Certainly the quartette represents excellent material. It would be ab surd to expect from so new an organ ization that close sympathy" and un derstanding which is the charm of the perfected quartette, but it is no ticeably well balanced and It gave in teresting and at times brilliant read ings of two compositions that demand much In the way of technical ability— the Strauss quartette in C minor (op. 13) and a quartette of Dvorak's (op. 23). William W. Nelson is the organiza tions very effective leader. At times the voice of his violin dominated un duly yesterday, but this can be ascribed to quartette inexperience. Mr. Nelson Is a good violinist, a master of the mechanics of his art and an excellent Judge of music values. The beautiful tone he draws from his instrument makes its voice alluring always. Mrs. Hoffman's piano work was brilliantly satisfying and skill and expression characterized the presentation «f the part her instrument played in both quartettes. Rudolph Stein, the cellist, has apparently plenty of talent, but his music yesterday was lacking in vigor and color, a fault that may also be ascribed to the newness of the or ganization. The viola, played by Anton Dahl, was very satisfactory. Lewis Shawe sang a group of lyrics in his very best style.. They were beautifully suited to the rest of the programme yesterday and charmed the audience, which endeavored to have Mr. Shawe repeat one of them at least, but this he refused to do. Beethoven, and possibly Brahms, will be represented on the next programme. Mr. Shawe will sing. The lovers of melodrama are turning out in force this week at the Grand to see Charles E. Blaney's labor play, "The Factory Girl." There is much to entertain in this play for those that like this sort of entertainment, con taining as it does sensational climaxes, comedy and vaudeville features. The production is adequately staged. There will be but three more opportunities to see this piece, tonight, tomorrow mati nee and tomorrow night. The song nays "We nil love Jack," and It might be sung witl> equal truth, "We all love Buster," that quaint little imp of mischief that Richard F. Out cault has created for the New York Herald. Buster Brown is so real that everyone feels that he knows him. But there will be a chance to know him better at the Grand next week, when a dramatization of some of the most humorous of his exploits by Melville B. Raymond will be presented. The production is a spectacular one, some fifty people being carried, the cast in cluding Master Giovanni as Buster, Jack Bell as Tlge, the dog; Frank Christie, Joseph L* Kelley, Bert Jor don. May Walsh, Caroline Kelly Mc- Cord. Nan Dodson, Amelia Balrd and Rosa Crouch. Mildred 'Holland will appear at the Metropolitan on Sunday evening as Catherine the Great of Russia In Ed ward C White's production of "The Triumph of an Empress." The occa sion of her present appearance will be doubly interesting, for she not only presents herself, but a new drama of more than usual interest. The play is a realistic story of Russian life, found ed on Incidents in the history ot Cath erine the Great and of the principal men and women who were conspicuous during her reign. If all the works of Richard Wagner were lost except the preludes and over tures to his music dramas, enough would be left to stamp him as one of the greatest composers of all time. And of all these preludes, none is filled so with mystic beauty as that of "Parsi fal." which Henry W. Savage will offer tn English at the Metropolitan March 23. 24 and 25. Following the scenes that have guided him ever since he wrote his "Tannhauser," he makes the "Par sifal" prelude contain the principal themes employed In the work to follow, and uses them In such a way that not only do they prepare the listener for what is to come in the music drama it self, but in a certain sense the prelude epitomizes the drama. A ladies' matinee will be given at the Star today by the clever company of vaudeville people comprised in the World Beaters. The bill should appeal to the fair sex. Gov. Vardaman Attacks Crime JACKSON. Miss., March 9.—Gov. Vardaman today Issued an address* to the peace officers of the state declaring that the situation is growing- extremely critical; that crime is rampant in all quarters of the commonwealth, and urging officers at once to begin a cru aade. and* « dean - out the dives and baonta of criminals. MR. BRYAN IS LOSER Bennett Will Case Is Decided Permanently HARTFORD. Conn.. March 9.—The su preme court of Connecticut today decided the hUo S. Bennett will case, in which William J. Bryan has figured as a possi ble beneficiary to the extent of $50,000 as» provided in a "sealed letter" left by Mr Bennett. The court finds no error. The decision upholds the superior court which I rendered judgment that the clause' in Mr Bennett's will -containing the paragraph In regard to the $50,000 to be left to Mr. Bryan Is Inoperative and that the said fund is a part of the residuary estate. Mr. Bryan appealed from this decision and the result is as previously stated. The superior court having held that the "sealed letter" . was no part of the will the only question to decide on was Its contents as a testamentary document. Clause 12 of the will leaves $50,000 to Mrs. Bennett in trust with no purpose, while the sealed letter says that th* money is left to William J. Bryan. The supreme court holds that the superior court la right in deciding that the clause is inoperative. The court says: i«t£° effect c? n *** given * this 'sealed letter as a part of the will, even If evi dence was offered to prove that it was in existence and know.n to the testator at the time the will was executed. To treat this letter as an operative declaration of trust would be to hold that testamentary disposition of property could be made by an instrument not executed in conformity with the statutes regulating such trans fers of properties." Counsel for Mr. Bryan said tonight the case would not be taken to a higher court Today's decision ended one of the most Interesting cases ever fought out in the courts of the state. Mr. Bryan was a close friend of Mr. Bennett and was made the executor of his will when it became known that a "sealed letter" was depos ited in New York, bequeathing Mr. Bryan. $50,000, the struggle began to have it ex cluded, several allegations which caused considerable surprise at the time being made by counsel for Mrs. Bennett. It was even alleged that Mr. Bennett intended to have the letter destroyed when he was killed by a fall on a western mountain side. AFRICAN MISSIONARY RETURNS TO HEATHENISM Wilberforce Is Again a Devil Worship er and Is Dropped From Church HUXTIXGTON, Ind.. March 9.—Tha executive committee of the missionary board of the United Brethren in Christ has dropped from the rolls of the church Daniel Flickinger "Wilberforce, a native African who was brought to this country as a child and after beinj? educated was returned by the board to his old tribe as a missionary. It is charged by the board that after a service of twenty-five years as a mis sionary the negro minister has been lured back to heathenism, has be come chief of his old tribe of rtevtl worshipers and has contracted plural marriages in the wilds of Africa. Finds Hay Fever Germ BERLIN. March 9.—Prof. William EKinbar, director of the Hamburg Hy gienical institute, born an American, but naturalized as a German, says he has found the hay fever germ in tha pollen of rye maize and certain grasses. He treated horses with these germs and secured a serum called pollantin, which has been used with good effect, entirely curing many cases. News Condensed Washington—lnitial .steps which may re su'.t in the erection in Washington of a large auditorium for the holding of con \entions f and inauguration balU were taken at a joint meeting of the inaugural committee, the board of trade and tho Business Men's association. Material of the government exhibit building at the St. l.uiiia fair may be used. Chicago—A hero of the British-Boer war, Charles H. Carter, was found guilty of manslaughter here and sentenced to the penitentiary. He killed William Chandler during a tight in a saloon. Two medals were presented to Carter by the British government in recognition of his bravery in South Africa. Monte Carlo—The marquis of Anglesey is dying here from consumption. The marquis, who was born in 1875, attracted attention through his lavish expenditures on jewels and theatricals. Not long ago he was thrown into bankruptcy with 1^,000,000 liabilities. Chanute, Kan.—The order of the Prairie Oil and Gas company to run no more oil below 30 degrees will. It Is believed, re sult disastrously to those Individuals and companies which had resumed operations. A large percentage of Kansas oil run 3 below the specified standard. New Havpn—As a guest of the Tale Law School Political club Mayor Carter H. Han ison of Chicago spoke on "Some Phases of the Municipal Problem." Ha charged commercial politics with respon sibility for municipal corruption. Washington—Andrew D. White, former minister to Germany, delivered a lectura here under the auspices of the resents of the Smithsonian Institution on the diplo matic service of the United States with some hints towards its reform. Washington—Secretary Taft has de clined to accept the resignation of Capt. George W. Krrkman. Twenty-fifth In fantry now under trial by courtniartial at Fort Niobrara. Neb., on the charge of scandalous conduct. St. Petersburg—The Baltic provinces, the Russification of which was regarded as practically completed, have been en couraged to again demand the restoration of some or all of their ancient rights. T»raln, O.—The big new steamship James C. Wallace, building at the Amer ican Shipbuilding: company's yards her©, was successfully launched. The steamer is one of the largest on the lakes. West Pitson. Pa.—While seven men were being hoisted In the carriage in the Clear Springs colliery the rope broke and the men were hurled to the bottom, 250 feet. All were killed. Philadelphia—The new hoys' high school, considered one of the finest struc tures of the Norman type in the country, and which cost ?1,500.000, was damaged by fire $150,000. Berlin—Emperor William, nddresslng the naval recruits at Wilhelmshaven. held up the Japanese soldiers as a lumin ous example of patriotism and soldierly fidelity. Berlin —Adfcording to a semi-official statement the marriage of Crown Prince Frederick William and Duchess Cecelta will take pla-^e here June 6. London—fount Bonckendorff. Russian ambassador, has paid $325,000 to Foreign Secretary Lansdowne i" settlement of the North sea claims. Chicago- -Despondent over the death of Charles Vanderberg- his roommate. John L'Uerts. a tailor, committed suicide by lu huring ga9. Chicago— The American International, a small private banking institution her©, has closed. Liabilities and assets are not large- Ann Arbor, Mich. —The two sophomore students stabbed In Tuesday night's * hazing: episode are expected to recover. Washington—H. Rider Ifaßßfird. th« British author, has been presented to the president. ' • Chicago — The socialiats* city conven tion has nominated John Collins ° tot mayor.