- \u0084...*mT4m.~T JJilt,lt NEW-YORK. STNDAY. AFGUST 2, HK)B.-FIVi: PARTS- FIFTY-KI(;HT VACKS.V LXMII.. >° 22.540.

TO TALL SPECIAL TERM

BOTEBNOM TAKES dCTiON.

Hughe* Grants Elder's Request—

facing Questions To Be Considered.;Bv T-l*|^«pb to The Tribune ]

\u25a0jj,—

Inn, X. T.. Aug. I.—Governor Hughes

a^ay announced that at the request of Act-

« District Attorney Robert H. Elder of Kings

*V,tv he would call an extraordinary trla.

£»« of the Supreme Court for KingsCounty, to

Zleld on Aufrust 25. and that he willdesignate

Ilrtic. Watson M. Rogers, of Watertown. to

Xiieover such term. The grand jury willbe

£aed 'or this term of the court, the court of

«=« not being in session at that time. The

J^niors announcement followed a conference

feftween the Pan raw and Mr.Elder.-

M" ld?r arrived here early this morning from

Brooklyn, and shortly before noon conferred

Viih the Governor. It is understood they dis-

-j.swi the presentment and Indictments handed

T~wn y^terday by the Kings County Grand

jrv for aileped vioißtions of the anti-racetrack

Mpablaßg laws,, and also the racetrack situationcenerally in greater New York.

IIis said that >\u25a0' Eider made the request for

caliirp the extraordinary session of the court in

viewcf the fa<"* that raring willbe resumed at

the Brighton Beach track on August 1"-. follow-

er the Saratoga meeting, and he is anxious to

f^how the hiwa will be observed at that time.

It.s ite> Kaid to be his purpose to bring other

racetrack matter? before it. Mr. Elder returned

to his home to-night.

The Governor shovied plainly that he Is well

Ktisiied with the situation and also made it

»o^»n that he thinks Mr. Elder has shown com-n^tttaK* energy and tact in his conduct of the

fight

"against racetrack gambling-. Though

neither the Governor nor Mr. Elder would ad-

talt it, the report was circulated here on what

tppeare'l to be good authority that the alleged

i-activitv cf the New York police in the matter

was fitecns*ed at the conference and that the

Governor is reported to be very much dis-

pleased v.ith the attitude they have taken. He

i* also fcaid to regard with favor the recom-

mendation of the grand jury whi.h yesterday

ir.dicted officers of the Brighton Beach Racing

Afsociaricn that racine Associations be deprived

of the rfsW t0 appoint special policemen.

CAII AlfTI-BTJGEIS FTTND MYTH.

Metropolitan Turf Association Members Pro-

fess Ignorance of Plan to Beat Governor.

Slembers of the Metropolitan Turf Association

ti'.i y«t?rday that they knew of no movement to

raiw a f'jr.d of $506,000 to defeat Governor Baatheatf r»nomii.ited. Xearly all of the active memberscf ti» organization are- at ?aratog-a. and none of

Iw,iat present in the city would be quoted for

publication, but called the story a myth. Onebookmaker who formerly did a biK business at theioci! racetracks, said he

--\u25a0 Bed the "bookies"

\u25a0who couid '— it would contribute liberally to

fcsure the election of a candidate who would be

favorable to the racetracks, but h«» ridiculed the

iflrticf tie bookmakers raising a big sum to de-leat Governor Hughes.

CHECK FOR RECEIFER.

Mr..Sutherland, to comply with one of the

conditions in the franchise of the Yonkers Rail-rcsuL has been buying subway tickets for ."i

w.ts and reselling them for '\u25a0'< cents as tran«-

f«rs f- rr his railway. Since he took charge

this year, he ssys. the road ha? lost $l">,00<» onthe transaction. So the receiver post**d notices*jsS informed the Mayor that on and after yes-tenl2j- he would discontinue the practice.

i

Enjoined from Abolishing Three-Cent Transfer from Yonkers^

Cty Attorr.ey Otis of Tonkers pot an injunc-

tion froai Supreme Court Justice Hills yester-

Cay r?rtrair Receiver Leslie Sutherland from

iaMßtinuir.^ the 3-cent transfer from theTcakers Railroad to the subway at Van Cert-2*a<it. Tfce injunction is returnable before Jus-

tice Mors>chauser, at Poqgtiki next Sat-crday.

nGAEITTZS GROUND FOE DIVORCE.

Th* liberality or Jud2<« Br.-wlrick in divorce cases\u25a0 «presse3 by himself in th* belief thai failurecfoat party to a rait to appear i? evidence of utter

S£irerrric<-. and that 1* is then time for divorce.

Ohio Judge Also Thinks ItIs Time for Sep-aration When a Suit Goes "Unanswered.

7Br T»!-?|rraph to Th* -. -.- 1

Ee'.!»fo!:tc.:r.. Ohio, Au«. I.—"The cigarette habitii s\:2c:er.t cause for divorce in my court." saiditrcp* John M. Ero!rick. when a young wifet"»T"*i* that h«?r husband was accustomed toaatr up in »he r.ipht to =mok~ ._

-••\u25a0< "'lt is

JOft I-

bail' a* th^ liquor hsbit. and habitualfirnakamees :.= rilanys a rause for divorce."

Ja-ige Broderlck ha> b*>en on the bench two years«sd r.o pair That souchi 10 have the ir.arriag-e

bead iocsed has b«.-en turned sway disappointed by

I*.

*At % t/clr*rit on FriCay evening the Bed was in

latitude iz <!p^t»"> 42 minutes sout!i and loncitudea)a*r ... *ve«t. The dispatch rf;id tiiat3* fleet \ro':id pzre the e3*t end of the island ofTstaila. Samoa, or. Saturday, at 6 o'clock In thetoan-.ng cruise aUnjr the »=i.uthera shore of th*•StaJ aiid tlif-r. its r-vji-i*direct for Auek-*a»i- AU en board w^re reported well

AIL VEIL ON BOARD FLEET.

Sattleship Manoeuvres Show Increased Effi-

ciency—Position of Warships.S*jva. Fiji Island?. Aug. 1.

—The United States

t*Ttle?h-p f>et at . p. m. «a» July 30 reported by

*lre!e«s in latitude g .-. —iminutes south an<]

fc9S3£3e :?s <Je?r«-es Si minutes weFt. There were

s*r hoars of practical evolution* daily. The coalcos«umptkn tcrs O*-cr«ra?inji daily, and jrfviTjg the*W»*lsa prr-aKr steaming radius. The *ymm«»trical

*w*!cnneTir alens asl lin**s was rei>orted to lo mest

picfrins.

«UE FOR FUNDS TAKEN BY BANDITS.ti'.y "!>;esrfrph tr> Th» Trlbur.<- i

H*>es;, Mom., Aug. I.—Suit mi t'1"'! in tlie fed-"*'c.urt her* to-<iay by the Marine Insurance

i^ir.iteil. of London, against SheriffH^BoaeQ. of F:a!r.<-ad County, to recover $13,393.**icb rep>-fs«-:;t!> ii«,oty taken from th* bandits«cLK.-r:tM ar.d Frarkhju^r. who held up a Great

£S?fl»«a train near J*.>n<so ln*i Septeir:b«T, outain-\u25a0»!«•••• ccn«!,-rned 'rora Chicago to Sr<okane. and***

Mfc delivery of which ti»»» insurance company***fsrar.Tr-ed. Th^- Iymd-m concern has made

f**3 tie l-,-5«. but Kxaeilji that th<- sheriff declines**T.Vfc up the mowy ;n h'.*> possession. The rob-***»e«^ai*J from the county Ja!l here on the dartat; *ere to fcjvr-been *rie«3 and arc «:!1! at iarE«.

Operation Shows Companion of Moyer hadHaywood to Have Cancer.

Denver. Aug. I.—An operation performed her»to-day on George A. Pettlbone. formerly a mem-ber of the executive board of the Western Federa-tion of Miners, showed that he la suffering fromcancer, and the physicians in attendance agreethat h>& life cannot be saved.

Pettibone became stek while in prison in Idahoawaiting trial for alleged rvmplicity tn the aa-.M«rvt «x-Govem«jr Stcunenbexif-

GEORGE A PETTIBOSTE UTTST DIE.

Five-thirty o'clock came and still no sign ntan airship. The military band drifted into

various stirring airs with no appreciable Inter-

mission. The crowd understood the delay and

was patient. At •"> 4'» o'clock the white winged

machine was coaxed into the racetrack amidcheers from the throng. It 100Led encouraging:

the crowd ran after seats. After a few moreminutes Farman took his seat In front of th»powerful propeller, the propeller sang its sonsof strength and exceeding activity for half aminute, to the confusion of persons within sev-enty-five feet of its rear. who were littered with

the dust it had kicked up. Everything wa*

found ready, but the wind would not subside.

It was said by persons familiar with air cur-rents at the beach that so prolonged a Miffbreeze from that quarter had not been known la

four years. The crowd was informed that itmight be night before an ascension could bemade, and it sat still. The wind checks, goodfor any other night, were finally given out. andthe announcement made that to-day's flightwould be postponed until Monday afternoon.

Farm an Managers . Give Return

Checks to 8,000 Spectators.Wind checks were \u25a0•»«\u25a0 to seven thousand or

eight thousand persons at the Farman flying

machine exhibition at the Brighton Beach race-

track yesterday. That's what they call the

pasteboards which entitle the biff crowd to try

again to-day, when the breeze may not be so

stronuOne of the most sincerely disappointed men to

go to bed last night in this city was Henry Far-man. At 725 p. m. he took the nn'Kaphono in

his hands and announced to the hundreds of

persons who still lingered at the Brighton Beach

racetrack that the fitful gusts of wind*, which

for most of the time yesterday blew across thecourse at the rate of twenty-fly» mll«» an hour,

made it Impossible for him to fly \u25a0 his aero-

plane.

The crowd was markedly sympathetic through-

out the long wait. The flight was advertised to

take place at 4»> o'clock. An hour before then

the two grandstands were well filled in.l several

thousand persons were walking about. The six

United States flags on top of the grandstand

were flapping vigorously in the strong northerly

winds.

WIXD PRETEXTS FLIGHT.

••La Follette would like to antagonize the Re-

publican national administration, but the Re-

publicans of Wisconsin will not follow him. andhe know? it. The voters are content to try oat

a number of experiments al. home, but -when itcomes to voting for Bryan they balk. That Is

why the national committee is not worrying

about Wisconsin. Taft is very strong in thestate, and, besides, old-fashioned Republicanism

asserts Itself m a Presidential year, making it

certain that the state will be in line for Taftand Sherman."

"La Follette," said a man connected with thenational committee, has been preaching Bryaav-

tern for the last five or six years irt Wlscon-fa.with the result that a number of experiments

are being tried oat there. Just how these ex-periments are «f>inr to pan out not even Sen-

ator La Follette himself knows, but he and his

friends seem to be eminently satisfied witir

everything they have done.

It was iearned at national committee head-

quarter? yesterday that HM report? from Wis-

consin indicate that the Republicans

\u25a0a trouble in carrying the state for Taft. but

that there will be a hard fight over state of-

fices.

The question of naming a vice-chairman win

not be settled until after the principal head-quarters are opened in Chicago.

Yesterday afternoon Mr. Hitchcock receivedthe newspaper men in one •>' the rooms of hissuite in the Manhattan. Chairs were scarce,

and the chairman sat on the fide of the bed.An informal chat ha.l been under way fortwenty minutes* before Mr. Hitchcock becameaware that a sketch artist was mi;- a free

hand drawing of him. When he discovered it

he nearly fell off the bed. Seeing thai thalaugh was on him he remarked to the artist:

•'Why don't you get a machinery catalogue

and take any picture of a steam roller? That"*what some of the papers called me in Chicago."

One of Mr. Hitchcock* caller* yesterday wasGeneral Frank Streeter. former member ofthe national committee from New Hampshire.

General Streeter is a warm personal friend cf ilr.Taft and will devote much of his time to ths

candidate's interests where his services are de-sired. Mr. Hitchcock willgo to Washington onWednesday night, to remain there a day. return-

ing to New York on Thursday night. He willnot leave here for Chicago until about August

14.

Chairman Hitch will not ha sole to domuch work at the new headquarters on thetenth floor of the Metropolitan La'e tower for

some days. The furniture hi not all in yet. andthe carpenters are still busy doing the lastthings.

Representative Urn*hairy, of Illinois, the newchairman of the Republican Congressional Com-mittee, will come to New York some time thisweek to talk with Mr Hitchcock about the co-operation that will b»- arranged between th«Congressional and Republican National com-mittees.

-Mr. Hitchcock '•- enthusiastic about

the consolidation of laM literary bureaus of th*

two committees.

As a result of the talks yesterday betweenMr. Hitchcock. E. C. Duncan, the- member fromNorth Carolina, and Sidney \u25a0tttr, the mem-ber, from the District of Columbia, a vigorouscampaign will be waged, in some of the Con-gress district* in the Southern states in thebelief that important inroads can be made

there. At some early day Mr Hitchcock will

call a conference of Southern Republican lead-ers at Atlanta about September 1. and at Nash-ville a few days later.

Frank H. Hitchcock, chairman of the Kepub-Hcan National Committee, held an important

conference last night at the IloTel Manhattanwith George R. Sheldon, treasurer of the com-mittee, and Frederick W. Upborn, assistanttreasurer. Considering that it i? only the be-ginning of the campaign.' 'Mr. Sheldon reportedthings in good condition.

Seeks to Make lnn*ad» in Congrem

Ltittrict*There.

HEPUUI.K !\ WAR PLAN.

ROPES FOli THE SOUTH

The child has b*cn ill fir seme months withleukemia, a disease in which the white corpuscles

of the blood increase with abnormal rapidity and

certain glands become affected. The physicians

declare that the cnty way her life can be savedIs by a transfusion of healthy blood.

DON'T BE WITHOUT DEWEY'S WINES.We ship by express or freight everywhere. .

H T. Dewey &Sons Co.. 13» t ulton St.. New York.

Mother to Submit to Operation of Trans-fusion for Daughter.

[Fir T»kßni,>h to Th* Tribune.1Trenton. N. J.. Aug. I.—Mrs. Thompson G. Stria.

of this city, has consented to an operation In theMedlco-Chlrurgical* Hospital. Philadelphia, for thetransfusion of her blood Into the v?ins of herdaughter. Josephine.

OFFERS BLCOD TO SAVE HER CHILD.

Winnipeg. Aug. I.—Returns received to-day fromnearly all the machinists" unions on the CanadianPacific system west of Fort William. Ontario, show

that 96 per cent have voted to strike rather thanaccept the report of the board of conciliation.

The trouble arose from the fact that the com-pany demanded a sliding scale, to which the

unions objectr -I. The controversy was referredto a conciliation board appointed by the gov-ernment, and this board promulgated a newscale to go into effect this morning. The unions

refused to sign the award of the conciliationboard.

All Machinists Expected to QuitWork on Tuesday.

St. Paul. Aug. L—

A dispatch from Winnipegsays that the biggest strike in the history ofrailroading in Canada will probably begin onTuesday. All the machinists' unions <>n theCanadian Pacific lines voted to strike at mid-

night last night unless the company eranted

their demands, wbtch the officials refused to do.Many of the machinists are working to-day,

however, because communication has not been

obtained with all the unions along the system.

According to union officials here, everything

has been arranged for the men to gu out onTuesday from coast to cast. Neither the r<,m-

pany nor the uni-'ii men will give out a state-

ment.

A GREAT C. P. STRIKE.

Peter Karageorgevitch ascended the throne ofSfervia'after the assassination of King Alexander

and Queen Draga. in 1903. His two sons arePrince George, heir apparent to the throne, who

was born in ISST, and Prince Alexander, who wasborn In 1888.

Rumor That Servian King Seeks

Brides Here for Son*.Vienna, Aug. 1

—A newspaper here says to-

day that according to reports from Russian

sources King Peter of Servia Intends to marry

his two sons to American women of great

wealth. The story runs that Emperor Nicholas

>f Russia is said to be agreeable to such unions,

and even has promised to be the godfather of

the first son born to either of the princes, and

that General Arthur Tf-herep-Spirldovitch. presi-

dent .-f-'the Slavonic League at Moscow, already

has started for New York to seek for h-

in America.

HEIRESSES WAXTED.

President Underwood of the Erie

Goes with Him to Omaha.

The special train of five cars which had beenla the Erie yards In Jersey City since Friday

morning to take E. H. Harriman to Omaha left

the station yesterday afternoon at 3:17 o'clock

with President Underwood of the Erie on board.

Mr. Harriman' came .down from hif summerhome, on the Nyack branch

'of the Erie, and

\u25a0boaraed the special outside th* city.

The 'train was made up of two Union Pacific

cars, one of them a baggage car and the other a

dining car. the Pullman Brarito; an Illinois

Central parlor car and a Union Pacific observa-

tion car.

HARRIMAX STARTS WEST.

Although the surf was running high, the life-savers pulled to the foundering craft, cut therigging away and rescued tbe captain and three

passengers. They had given up hope of reaching

land.

Boat on Bar, Captain and Passen-gers Had Given Up Hope.

Atlantic City. Aug I.—Dismasted by the gale

which raged along the coast to-day, the sailing

yacht Man- Kain was sighted on the dangerous

bar of Barnegat Bay by lifesavers from Cedar

Station.

FOUR TAKEXFROM YACHT

Samuel K. Moffett was an editor of "Collier'sW'oekty" Klnce 1904. He was born In St. Louis In1980. and was graduated from the State NormalSchool at Fredonla. N. V.. and studied In Europeand at the University of California. He laterreceived a degree from Columbia University. Mr.Moffett was an editorial writer for "Th» San Fran-cisco Evening Post." 18KV-"S7. and was the Wash-ington correspondent for "The San Francisco Ex-

aminer" during the 52d Congress. In 1897 he be-came an editorial writer for "The New York Jour-

nal" until he accepted the managing editorship

of "The Cosmopolitan Magazine." in 1901.He was on the staff of "The New York World"

as an editorial writer .luring 19«?-'4. and then he

became a department editor of "Collier's Weekly."

Mr Moffott was the author of "The Tariff: What

It Is and What It Does" and "Suggestions onGovernment."

Mr. Moffett married Miss Mary E. Marti, of San

Jose. Cal.. in 18S7. He is survived by his wife

and two children. Anita and Frances Clemens Mof-fett. He was a member of the American Academy

of Political and Social Science and of the American

Economic Association. He was also a member of

the Delta Kappa Epsilon Society. His home was

at No. 16 Archer avenue. Mount Vernon, N. Y.

Albert Tallman. Mr. Moffefs brother-in-law,

saw him struggling, and rushed into the surfwith ail his clothes on and dragged him ashoreunconscious. Physicians worked over him foran hour in vain, and Dr. Jones Heed, of Sea-bright, said death vas due to apoplexy. Hiswife stood on the beach while the doctors triedto restore consciousness. Mr. M"ffet lived inMount Vernon.

Brother-in-Laxc Recovers Bed j/ ofCollier* Writer in X. J. Surf.

[Br T>l**rsDh t-> The Trlban*.lNormandie-by-the-Sea. N. J.. Aug. I.—Samuel

E. Moffet, of "Collier's." was drowned here thisevening. He went out too far in the surf, whit

was rolling high, and could not swim back toshore. John Artson. a llfesaver. tried to reachhim in vain.

S. E. MOFFET DROWNED.

EGRO SKOCTS WIFE AND HER SISTER.

Akbury Prtrk, jf- J.. Auj. 1.—

Angered lHcau«<e Msr<-:ian! t

.,givr. j;jn, , ori,.y, Ciar«-nee Priced a

J^3 «<??ro. feot hi.' wife and luster-in-la*-. Mrs.?~5?!5 Burden, i« Sprin^svtxHl avenue liTe Hiis\u25a0ftwauou; Usx without fatal results. One bulletf?r-ck Mr*,, l^.-x's c-irset rte»-l and. glancing.

2*vr '-* h*r eUgttly^ Mrs. B.>r<>n was wounded-

•*• fcrtiußi. Me was arrested.

Physicians anil specialists were completely puz-zled by the child's disease and could do nothing to

relieve him- > .

WANT GATES FOR CONGRESS.(By Teleyaph to The Tribune. 1

Beaumont. Tex , An* 1-At thf Jefferson County

Republican Convention to elect delegates to the 2.1Congress District Convention held in this city to-

day the delegates went wild when John W. Gates,

of Pert Arthur, whs mentioned as the candidatefor Congress from the district. While the delf-gatfs are uninstructed. they are all for Gates, am?say that he will be nominated and will defeat the

Democratic nominee.' Martin Dlrs. of Kountze. Thedate of th- convention has noi been named Itwll!probably be held at Port Arthur.

MAYOR JOHNSON'S GRANDSON DEAD.<By Teleirraph '• The Tribune,.

Cleveland. Aug. l. The bedy of little Tom L.

Johnson. M. the four-year-old grandson of MayorJchn»Gn, who «l!e<l after a sickness of three week",

T\ns shipped t-> New York to-nlzht for burial inGreenwood Cemetery.;

Atalanta. Renamed Presidente by DominicanGovernment, Bought by New Jersey Man

• Bjr Telegraph to The Tribune.)•

Norfolk, Va.. Aug. 1.—

Built by the late Jay Go»:ld

at a cost of J 140.000. the yacht Atalanta. formerly

of the New York Yacht Club, has been sold to Cap-

tain Charles Vivian, of New Jersey, for *1,750. TheDominican government bought the yacht from theGould family several years ago. and mounted sixguns on the vessel. Ono only was modem, the

others being smooth bore. The yacht got only asfar as Norfolk, and ran up to the navy yard, wherethe United States government allowed it to stay.

The ii—\u25a0! needed repairs. The Dominican govern-

ment did not remove the vessel and this govern-

ment recently ordered It awnv from the navy yard.

The Atalanta was called the Presldente by the Do-minican government, and rather than pay for re-pairs they sold her. The vessel will sail in tow ofa tug to-morrow far New York.

JAY GOULD'S YACHT SOLD FOR $1,750.

An optimistic view of the Republican situationin lowa and Colorado was communicated toJudge Taft to-day by Secretary Wilson, who is

in the West looking after the interests of the

Department of Agriculture. Mr Wilson says

the question of tariff protection on farm prod-

ucts willhave great weight InColorado.Here Is a letter the candidate places at the

head of the list of those he appreciates:

E)ear Mr Taft: My daddy thinks a lot ofyou. and Ilike everybody my daddy likes, espe-cialiv when Ihave never met them. And so Ithought Iwould find out how many on ourstreet were going to vote for you, and when Iwent around and asked Ifound sixteen who

were going to vote for you and one was going

to vote for the temperance ticket. So lam sureyou will be elected.

ANNA KATHRYN GRIFFITHS.No. 2553 North Ingkside aye., Cincinnati.Mr Taft received to-day a sample book of

halftone miniatures of himself, designed as anacceptable novelty and now being distributedby the national committee. The book is in the

form of a postage stamp boak. and the pictures

are intended to b<* pasted o'; letter heads andenvelopes. Francis B Lootnis, director general

for the I'nited States to the Tokfo exposition,

who will sail soon for Japan, had a political talk

with Mr. Taft to-day.

Ihave just read your speech of acceptance,and Icannot refrain from writing to tell you

how much lam delighted with It "rings true

every word of-it. You did not fail to^ meet

every possible- issue, and you have left the

Democrats without a leg to stand on.Your speech is accepted here by the people

and the press of the Middle West as the utter*ance of a great man of strong convictions, andnot fearing or hesitating to express your convic-

tions in every particular. Your speech of ac-ceptance made your election a certainty. Hadit been less strong: had you, as a weaker manmight have done, wavered on any of the great

issues before us, the result would have -beendisastrous. Iknow that your hands are morethan full, but Icould not resist the temptation

of writingyou this note of congratulation. Notonly are you to be congratulated, but the party

is to be'congratulated in having you at the

head of the ticket this year.

Mr. Taft intimated that he should dwell at

some length on this question in his address to

the Bar Association. The association also will

be addressed by President Meredith and formerSenator William Lindsay, of Kentucky and New-

York. The meeting will begin on Tuesday, and

Mr Taft expects to attend several of its ses-

sions.Cameron Forbes. Vlce-Governor of the Phil-

ippines, and General Clarence R. Edwards, chief

of the insular bureau, have been invited to Hot

Springs by Mr Taft. and willaccompany him to

White Sulphur Springs next Friday to attend

the Green Brier County Horse Show. Mr. Taftwill make no speech on this o^aplon.

This was 'congratulation day." so far as Mr.

Taft's mail went. Many letter? contained felici-

tations on the speech of acceptance. Among

those given to the press was the following from

John D. Long, former Secretary of the Navy:

Your speech of acceptance is perfect, and

ought to. as Icannot doubt It will,injure your

election, for which Iearnestly pray.

United States Senator Cullom. of Illinois,

wrote:

"It is a difficult problem," he added, "very

difficult indeed, to make the administration ofjustice equal to the poor and the rich. Thedifficulty Is in the advantage the wealthy manhas in the employment of counsel and in the

fact that be 1? able to stand the expense of

litigation and the poor man is not.

"There seems to be no absolute remedy. Theonly thing you can do is to render the admin-

istration of Justice as prompt as possible. The

evilia in the delay more than anything <Mse.

And one of the great demagogic arguments—

for it ia a demagogic argument, and Ihave

heard it so often in legislatures when a propo-

sition is made to have only one appeal in case?

involving less than $."><M>—is. willyou deny to thepoor man the right to obtain the judgment ofthe Supreme Court of the mited States? There

never was a more specious \u25a0argument. The

wealthy man can afford to wait for years for

that $7A*K and car afford to carry the case on,

but the poor man cannot do it. That $."•**» heneeds, and needs it at once if he is going to

get It. and., if not. he needs to know that atonce, and not be put to the expense of extended

counsel fees and appeals. It Is better that the

case should be deceided against him than that

he should lose five or six years and finally win

after he has paid out the amount in attorney

fees."

(Onxirfcrx Questions of Time and Ex-

pense Extrcwe'j, Important.

Hot Springs. Va.. Aug. 1. -"Speaking gen-

erally. Ibelieve the greatest question nowbefore the American public- is the improvement

frf the administration of justice, civil and crim-inal, both in the matter of its prompt dispatch

and the cheapening of its use."Judge William H. Taft made this statement

to-day In discussing the address he is to make

here next Thursday to the Virginia Bar Asso-ciation, arrangements for which were being

made with him by President Wyndham R. Mere-dith of the association.

TAFT ON LAWS DELAYS.

FAVORS QUICK JUSTICE

N. Y.CLERGYMAN ACCUSED OF SPEEDINGIBy I>!*«:rttph to Th» Tribute. ]

Providence, Aug. I.—The Rev. J. (\u25a0' Chal-

mtrs vicar <•<. the Church of \u25a0•''"'• Holy Trinity.

New York City, was held up at East Greenwichto-day on a charge of overspending his automobile.The special ... squad have charged the driverwith going thirty-lour miles an hour. The case hasbeen continued for \uriiicr hearing ibis week.

The privates to-day say that they did not quarrel

because they did not get their pay. but because

of 111 treatment at the hands of Captain Bingham.

who. after ordering them out last night to get

their pay for the recent encampment, kept themwaiting two hours, then came without the money

and slurred them also. Sergeant Pickard tookCaptain Bingham to task for not telephoning thearmory that there would not be any pay. andBingham announced loudly that he thereby "dis-

honorably discharged" Sergeant Pickard. and thecaptain was hooted by his men. n» such a thing

cannot be done under the military laws of Pennsyl-

vania. The fight then besaa. Captain gingham re-fused to discuss the affair, nnd the soldiers say

they did not throw stones, but the police who wererailed to the armory U> quell the disturbance ML)

th': did.

Pittsburg Company Roughly Handles ItsCaptain for Alleged Illtreatment.

(By Telegraph to Th» Tribune.)

Pirtpb'irp. Aug. I.—Through a fight starting pri-marily because members of the company did not

receive their pay as soldiers in the recent stateencampment at Gettysburg, there was a seriousriot at the barracks of Company X, ISth Regiment.

National Guard, last night, and Captain Ruther-ford Bingham, said to be the son of the Police

Commissioner of New York, was roughly handledby his men, besides being stoned to his home,

some distance away. The police were called out

to quell the angry soldiers.

PENNSYLVANIA MILITIAINRIOT

Arthur Errlbner. of the publishing: firm, is build-ing a home about two miles from Mount. Kisco.and Auletta has the contract for the stone ma-sonry work. Auletta started to drive to Mr. Scrib-ner's place and pay off his men. He had withhim J.V'O In a bag. .James Brower. of Mount Klsco.\u25a0was his driver. They had almost reached the

ribner estate when the masked men sprang Intothe roadway. One of the men Jumped to thehorse's head and another cut the (races, whilethree of the highwaymen advanced on the two

men in the -arrlage. Two kept the contractor

and Brower under cover of revolvers, while thethird climbed into the carriage and proceeded to

search the victims. The bag and Broker's goldwatch were taken. The robbers then disappearedin the woods. Posses are trying to overtake themen.

Contractor zcith Laborers' Pay HeldUp on WestChester Road.

P. Auletta. a stone mason contractor, of Xo. 9Stewart avenue, Tonkers. was held up and robbedtwo miles from Mount K!sco yesterday afternoon.Five masked men who were concerned in the hold-up escaped.

FIFE BAXDITS GET $500.

"Aside from the illegality of the procedure,

it was ruinous from the standpoint of good

banking. The responsible and the irresponsi-

ble bankers, the honest and the dishonest,

would be so intimately commingled under the

state law that safe banking would be impossi-

ble; that it would be fraught with danger t-»

the entlrf financial system of the state, becausethe guarantee of deposits would foster dishon-

est liberties with those deposits and lead to

an ever increasing system of wildcat banking."

In his opinion the Attorney General says:

The statute of Oklahoma to which you callmy attention creates a state banking board,composed of certain designated state officers,

and requires the said board to "levy against thecapital stock an assessment of 1 per cent of. thebank's daily average deposits." with certain de-ductions, 'upon each and every bank organizedand existing under the laws of this state.

"This

assessment Is to constitute what is designatedas a "depositors'' guarantee- fund," and additionalassessments are to be levied against the capitalstock of the banks, proportionately to theamount of their deposits. 6o as to always main-tain the fund at the designated amount.

So far as Iam aware, there is no provision oflaw or rule of public policy forbidding a de-positor in a national bank from obtaining Insur-ance on the solvency of the bank and the con-sequent payment of his debt in accordance withits legal import; but the business of insuring

deposits is a wholly separate business from that,

of banking, and a corporation organized for thelatter business would have no greater right toembarrass its funds and risk its credit in theformer than it would have to engage in life in-surance, fire insurance, or casualty or marineinsurance.

Moreover, it is to be observed that the bank,

and not the depositor, pays the premium, or theequivalent of a premium, if the system of guar-antee established by the Oklahoma law is to beregarded in the lightof an Insurance, and, uponthis assumption, therefore, the question wouldbe whether the stockholders of a national bank.•\u25a0.instituting, as they do. the corporation, areauthorized to embark in the business of insur-ing their depositors against loss through the

methods set forth in this state statute, in con-sideration, presumably, of the Increased amountof deposits which they would thus obtain. Ifind no provision of the national banking lawauthorizing any such action on their part, andin my opinion a business of this nature wouldbe essentially foreign to the legitimate functionsof a national bank as an instrument of govern-ment.

It Is generally recognized that a national bankhas no power to guarantee the obligations of athird party unless in connection with a sale ortransfer of its own property and as an Incidentto the banking bußiness.It has been argued that the bank in this case

would not- gunr&ntee the obligations of otherbanks, but would only agree to put the State ofOklahoma, through its banking board, in fundsto make effectual such a guarantee on tta part.Ithink this is a distinction without a difference.Ihave not overlooked the fact that, by the

t^rms of the proposed contract between thebank in question and th<* state or its hankingboard, the said bank agrees to do nothing whichshall be in conflict with the federal laws; butthis provision is not relevant, for the entire con-tract is ultra vires for a national bank, and pro-hibited by the necessary lntendment of the stat-ute. Ihold that such is the fact with respect tothe contract proposed In this rase: that It IsIllegal for the officers of any national bank toenter Into such an agreement as Is contemplatedby Section 4 of the Oklahoma statute, and thatpersistent find wilful action to this effect on thepart of any such bank would be just cause forthe forfeiture of its charter.

A Treasury official charged with carrying out

the law said to-day:

Attorney General Bonaparte De-clares Olrfalnrma Plan Againxt Laic.

[From The Tribune Bureau]

TVashlngton. Aug. 1—

Attorney General Bona-parte has nullified the Oklahoma scheme forguaranteeing bank deposits, a? far a.« natitnal

bank.* are concerned, holding, in a long de-

cision given at the instance of the Controllerof the Currency, and published to-day, "that itis illegal for the officers of any national bank

to enter into such an agreement as i.« contem-

plated by Section 4 of the Oklahoma statute,

and that persistent and wilful action to this

effect on the part of any such bank will be Justcause for the forfeiture of its charter."

Several national banks In Oklahoma had al-ready entered Into such agreements, but they

will promptly be ordered to withdraw by the

Controller of the Currency, under penalty offorfeiture of their charters.

GUItR.IXTEK XOT LEGAL.

XO WILDCAT BASKIN6

A. v Pul lilt, treasurer of 'he lnt<»rnaMr . a!Pa;>er Company, said yesterday that there was toomuch atio about the labor affaire of the company

and tnat the wa^e schedule had nothing to do withclosing down tlifc mills. The August low water, hegaW. made advisable tne closing of the work*.

More than Two Thousand Men WillBe Idle To-morrow.

Boston, Aug. 1.—

More than two thousand men

will be (die Monday morning in New England as a

vanil of threatened strikes and the shutting downof -• \u25a0 era] paper mills of the International Paj>er

Company.A general order baa been issued from the main

ofiice of the company in New York calling for the

shutting ''own of many of the company's mills inNew England next Monday, the reasons given being

low waver and the n«-<3 of the usual extensive re-pairs at this time of the year. To-night an order

was received from President J. F. Carey of the

Internationa' Brotberhod of Papennakera, at Fort

Edward. X. V.. calling the men out on strike in the

International company's mill* on account of a cut

of It per cent in wage*.

The last of the seven mills at Franklin, N. H.which usually employ three hundred men. closedto-nisht for an indefinite period. On orders fromheadquarters the men formally declnred a strike,

to go into effect to-morrow.

At Berlin. X. H., the mills also closed to-night.

There ••\u25a0.!.-: no talk of a strike there, and the threehundred men employed expected to go to work asusual n'-xf Monday had the mills continued running.

The International mills at Bellows Kails, Vt..

have eea shut down since last Tuesday, owing to

tiie fact that \u25a0 big log drive was passing down theConnect Irut Itiver. It was expected that the In-ternational mills, together with the four or five in'... ;..\u25a0;.!• <.- mil!?, WOUld IIBM*operations next week,

but the two hundred and fiftymen employed therehave voted not to accept the cut, and will holdanother meeting to-morrow to act on the strikequestion. The International mills at Rumford Falls,

Me., rwstred order*, it Is asserted, to start up onfull time Monday, but owing " the announcementof a iper cr.t '\u25a0'!! the w-vn hundred employes

Jiave ted to strike and will not go to work.

At '\u25a0'\u25a0\u25a0\u25a0' rn-.oi< Kails, He. five hundred men In ffieInternational company's mill also received prti r»to strike.

*

PAPER MILLSSHUT DOWX.

Dr. Harris Houghton. who attended her, said

Mrs. Greene's condition was not alarming.

though she was suffering intensely. Joseph R.Grismor, -the business partner of "William A.

Brady, accompanied Mrs. Greene from her sum-mer home in the runabout. They were waiting

for Mr Greene, who was expected on the 7:45

o'clock train from this city. CyrilScott was at

the station and was talking with Mrs. Greene

when an automobile started from the platform.

The horse became frightened and dashed off at

breakneck speed, throwing the occupants head-

foremost out of the runabout. Mr. Grismer wasnot badly injured. The horse was nearly killedby a train at a crossing half a mile from the

station.

Horse Rum Away and ThrowsDramatist's Wife from Runabout.Mrs. Clay ML Greene, wife of the dramatist,

was severely injured in Bayside, Long Island,

early last night, when her horse became fright-

ened at the railroad station and ran away. She

was thrown over the dashboard of her runabout

ar.d kicked on the face by the horse. Her right

arm was broken, and when she was taken homeit was found that her nose was also broken and

her fare painfully bruised.

As matters now stand, it ie said in insurance

circles that only Superintendent Kelsey of theNew York Insurance. Department ha? the offi-cial right to interfere with any contemplateddisposition of the Provident interests because

of the revocation of its license by the insur-

ance departments of other states.

MRS. C. M. GREENE HURT.

It is said that the plan is for the present

officers of the Inter-Southern to retire In favor

of those furnishing new capital. This, ofcourse, is in case their negotiations are suc-cessful. it was learned that one of the othercompanies seeking to buy the Provident stockis the Columbian National Life Insurance Com-pany, of Boston.

Mom*, whether the Inter-Southern is still afactor in the negotiations for the control of theProvident or whether other Interests are con-ducting the deal which, if successful, will turnthe Provident over to the Louisville institution.the fact is that there is a growing opposition

to turning- over the Provident to the Inter-Southern.

'The first protest against the consummation

of the deal came from E. E. Rittenhouse. In-surance Commissioner of Colorado. The as-surance is had now that the Insurance commis-sioners of other states will join Mr.Rittenhousein this protect. Also there is afoot a movementfor the organization of a committee of policy-

holders of the Provident to voice their protestsagainst any action for the disposition of the

Provident stock .without the guarantee thattheir interests will be preserved.'

Commissioner Rittenhouse yesterday signified

his willingness to serve on this committee. Thereis certain to be a strong fight against the ac-quisition of the Provident by the Inter-South-ern.

This, however, was denied last evening byRoyal Victor, of Sullivan & Cromwell, attorneyslor the banks now holding the one thousandshare* of Provident to be sold. He" said thatno such deposit had been made. In reply to aquestion Mr. Victor said: "Negotiat ions are onwith several parties, nut particularly the Inter-Southern. There might be an announcementto make next week."

Columbian National a Bidder —HotFight on Inter-Southern.

Another report was in circulation yesterdayregarding the negotiations for the sale of thecontrolling interest of the Provident Pavings

Life Assurance Society. This report said thatthe -persons interested in obtaining: the. Provi-dent stock for the Inter-Southern Life InsuranceCompany, of Louisville, had already put up adeposit to bind their bid.

NEW PROVIDENT HUMORS.

One lia(11// Hurt n Philadelphia

Doctors Car at Atlantic City.Atlantic City. Aug. 1— A big touring car be-

longing to Dr. C. H. Bchnelder. of Philadelphia,crashed Into the 8:30 express train at the Illi-nois avenue crossing to-nigrht. Dr. Schneider•was not in the car. which was occupied byJarr.es McDameron and James Hart, mechani-cians, and Arthur Palmer, chauffeur.

All were thrown out. and Me&aflaeron'a skull

was crushed. Hart and Palmer were not se-riously hurt. MeDamomn was rushed to thehospital, where he is suid to be dying.

The machine was wrecked. The passengers onthe train were panic stricken when the collisionoccurred, and the train hands had trouble inquieting- them.

I>r. Schneider, owner of the car. said last night

that it was out without his knowledge.

TRAIN (BUSHES AUTO.

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