wm ARE FOUNDGUILTY HIGHLYHONORED ARE TO BE · In stating the caso. suld that, according to the...

1
THE EVENING STAR WITH SUNDAY MORNING EDITION. SulatM Offlw, 11th Btnrt ui PiiujItuU A>im The Erenicg Star Newipaper Company. THEODOEI W. NOTTS?. Pmldcmt H«w Tsrk Offiw: Tribuns Building. Chittgo Cffce: Trita&t Building. Evening 8tar, with the Sunday morning edi¬ tion, la delivered by carriers, on their own account, Within the city at 50 centa per month; without th« Kunday morning edition at 44 centa per month. By n.a11. postage prepaid: Dally, Sunday included, one month. 60 cents. Daily, Sundav excepted, one month, 60 cents. Saturday Star, one year. 11.00, 8unday Star, one year, $1.50 No. 16,697. WASHINGTON, D. 0., TUESDAY. JUNE 12, 1906-TWENTY PAGES. Weather. Fair, continued cool to- night.. Tomorrow fair, slight* ly warmer. * TWO CENTS. WESTERN PJCKEI1S ARE FOUND GUILTY Of Accepting Concessions From the C., B. and Q. Road ON EXPORT SHIPMENTS Of Their Big Packing House Products. IN COURT AT KANSAS CITY The Sentence, by Judge McPherson, is Deferred Until Another Case is Concluded. Armour & Co., Swift & Co, Cudahy & Co. and the Nelson Mor¬ ris Packing Company were found guilty in the United States district court at Kansas City this morning of accepting concessions from the Chicago, Burlington and Quincy railroad on export shipments on packing house products. The case was given to the jury at 10:40. The verdict was returned nt 11140. Judge Smith McPherson of Red Oak, Iowa, the presiding judge, stated that sentence would not be as¬ sessed until the case against the Burlington railway, which is charged with granting the concession to the packers, is concluded. The Burling¬ ton s trial will begin this afternoon. The law in the present case provides for a fine only and not a jail sen¬ tence. The government and the attor¬ neys for the defendant have prac¬ tically agreed upon a statement of facts in the case of the Chicago, Burlington and Quincy railway. This case will go to the jury with¬ out hearing of witnesses. KANSAS CITY. June 12,-The cases of ¦ hp four meat packing: companies, charged with accepting rebates, were today given to the Jury in the United States district court here. A verdict Is expected today. The rases are those of Armour & Com¬ pany, Swift & Company, Cudahy & Com¬ pany and the Nelson Morris Packing Com¬ pany. They were charged in Indictments returned here last December with accept¬ ing from the Rurllngton railway conces¬ sions on shipments from the Kansas City plants to New York for export. The cases were consolidated for trial purposes. The spec I fir case considered, which Is practically th" °th"rs- is that charging Cud hy * < ompany wlth acpepfInK rale mern TV" .? hu.lre'1 on a ship- mem. (lf lard to New York for export to " ,w,hon ,he tariff then on file the Interstate commerce commission was cents The trial began last week and after a lengthy argument was contin¬ ue1 until this morning, when Judg Smith MoP,.erson of Red Oak. Iowa, the presiding Judge, instructed the Jury. The present case bears unusual impor¬ tance In the list of rebate trials to come up In this court, for It Is the flrst time that any concern lias been brought to trial before a Jury on a charge affecting export rates as applied to the interstate commerce act. Counsel for the defendants in this trial con¬ tended that the court lacked JurlsdlcUon. which was overruled by Judge McPherson' and then that when they signed a contra-t th«7r,h£ nh<,,.Zl"?ent, rate " was le*ai' and that the Burlington later raised its tariff to .h «S" Ju<,Re McPherson's Instructions to the Jury covered the points fully. Statement by the Court. Judge McPherson. In stating the caso. suld that, according to the Indictment returned against the defendant, the pac'< Ing companies signed a contract to run until December 81, 11)05. in which the Burlington railway agreed, with other connecting railways, to carrv packln* house products from the Missouri river to Germany, billed via New York- that the rate agreed upon Included a rate of M cents a hundred pounds between the Mississippi river and New York th^ while this contract was In existence the Burlington railway filed with the inter state commerce commission an amended tariff of 35 cents on these products from the Mississippi river to New Vork and that the defendant continued to acceDt if luCent.. rat* Hfter August 6, 1905 when the alleged ofTer.se was committed! Judgre McPherson says: -The Constitution of the United States gives Congress the power to regulate commerce between the stntes and foreign nations. And in the exercise of this power Congress did enact the two stat¬ utes of February 4. 1K#7. and of Febrii- arr.u -1003' the luat being amendatory of the former. ' "And the court charges you that In carrying the products from Kansas City Kan.. In and through this division and dis¬ trict to the Atlantic seaboard ports to be loaded there on vessels and carried to European ports, such commerce was with foreign nations, and was such commerce as is referred to and covered by the two enactments of Congress mentioned. In this case the defendant packing company was both the shipper and the consignee. And In making such shipment from Kansas City Kan., to, within, through and beyond this division and Judicial district to an At¬ lantic seaboard port, to be there placed upon an ocean vessel, to be carried to a Europaan port, both the defendant packing company, the Burlington company and the connecting lines of raUroad. each and alt. are amenable to the two statutes In ques¬ tion. And If the law has been violated In the facta In evidence under the indict¬ ment herein, then this court has Jurisdiction to hear and determine the case and render auch Judgment as your verdict and Justice requires. .nd If such shipment of such packing house products were made from Kansas City, Kan., to the European porta as a through shipment, consigned by the defend¬ ant packing company at Kansas City. Kan., to Itself at the European-port, and this fact was so known by the defendant when It made the shipment, and If this fact was .o known at th« Urns by the Burlington company when It received the product, and In turn each of the connecting lines of the railroad and the steamship company knew such fact when receiving such product, then It Is not controlling that the receipts, contracts, writings or bills of lading were through contracts or bills of lading." Judge McPherson said that in the case on trial there Is no question as to the rea¬ sonableness of the rates nor as to the effi¬ ciency of the service, but the question Is: Did the defendant packing company re¬ ceive unlawful concessions'ln making said shipments? He recited the fact that while their contract on the basis of the 28-cent rate was In effect they were aware of the fact that the Burlington railway and Us connecting lines had filed a 35-cent tariff with the Interstate commerce commission. The court declared that as a matter of law the question as to the validity of the pack¬ ers' contract was not a practical question, "because and for the reason that the de¬ fendant company had no right to make a contract that would extend beyond the time of filing new schedules with the com¬ mission at Washington, fixing the rate to the general public at a higher and different rate than that covered by the contract." He continued: "And when the amenda¬ tory rates east of the Mississippi river was filed with the commission August tf, and the defendant knew of the same, it could not knowingly receive a less rate or con¬ cession than that paid by the general pub¬ lic without being guilty of receiving an un¬ lawful concession. pr#rlded that the same was thus received by any kind of device as hereinafter recited. This is so because, the right, privilege and liberty of contract usually existing between all persons and corporations Is modified and controlled by that provision of the Constitution which gives to Congress the right to regulate com¬ merce between the states and foreign na¬ tions." Jmlge McPherson, in concluding, said: "It is important for you to determine whether the concession of 12 cents per hun¬ dred after August 0, from the rates, cov¬ ered by the schedules then on file with the commission, was the result of a device and whether done with guilty Intent. It must have been, before you can convict, the re¬ sult of a device and with a guilty Intent, because, if the shipper did not know it was receiving concessions and did not have a guilty intent, no crime would be committed. As to device is meant that which Is devised or formed by design; a contrivance; a proj¬ ect; a scheme to deceive; a stratagem, or an artifice." The court overruled the motion of counsel for the defendant packers, and made the following instructions: 1. The Jury will return a verdict for defendant. 2. The indictment in this case is insuf¬ ficient to warrant a finding of guilt as against the defendant. 3. The evidence In this case is insuf¬ ficient to warrant a finding of guilt against defendant. 4. If the shipment in question was through export shipment to a foreign port in a foreign country, then the verdict should be for defendant. 5. If you fail to find that defendant did some act In the western district of Mis¬ souri, then the verdict should be for de¬ fendant. t>. The fact that the transportation of the shipment was through the western dis- trict of Missouri is not sufficient to vest Jurisdiction In this court, and the pro¬ visions of the act of Congress of February 1!). 1003 (38 Statutes-at-I^arge, 847) in so far as they purport to authorize a prosecution In any district through which the trans¬ portation may have been conducted. is» as to this defendant, violative of section 2 of article ,'t of the Constitution of the United States and of article 6 of the amend¬ ments to said Constitution. The case was given to the Jury at 10:40 a.m. M AN YPEESONSINJUEED OVER HALF MILLION IN PROPER¬ TY BURNED IN NEW YORK. NEW YORK. June 12..Property valued at more than half a million dollars was de¬ stroyed, nearly a score of persons were in¬ jured and many persons were forced to flee from their homes In scanty attire by a fire in the block bounded by Berger and Brook avenues and 147th and 148th streets, the Bronx, early today. The principal loss fails upon the Stuy- vesant and Wheelock piano companies and Charles Rlegers' Sons, makers of bank and store fixtures. The plants of all these concerns were practically destroyed, and the stables owned by the Kleger firm also were burned. All of the Injured are firemen. They were vic¬ tim* of minor accidents during the progress of the blaze and none was fatally hurt. ELECTION IN MICHIGAN. Primaries Held Today to Pass on Im- portant Issue. DETROIT, Mich., June 12..Primary elec¬ tions are being held In Michigan today at which the voters are balloting on the ques¬ tion of making permanent the present prl- mary law providing for the nomination of candidates for governor and lieutenant gov- ernor by direct vote and the selection of candidates for the other state offices by convention of the party. Delegates are also being selected to the various county conven¬ tions. which will select the delegates to I the state convention. In nine of the con¬ gressional districts of the state and a num¬ ber of the state senatorial and representa¬ tive districts, a vote Is being taken on the question of direct nomination of congress¬ men. senators and represenatlves. Gov. Fred M. Warner and State Superin¬ tendent of Public Instruction Patrick H. Kelly of Detroit are respectively the candl- dates on the republican ballot for governor and lieutenant governor, and Woodbrldge N. Ferris of Big Rapids Is the candidate for governor on the democratic ballot. There is no democratic candidate for lieutenant governor. GALVESTON ISOLATED. Long Bridge Burned Today.Connec¬ tion by Boat Only. HOUSTON. Texas, June 12..About 1,000 I feet of the bridge over a mile lone which connects Galveston Island with the main¬ land burned this morning, completely iso¬ lating Galveston from all connection with the ou^flde world exc^>t by boat. Gaiveaton is built on an 1stand In the GuVf of M«xlco, and a long stretch of shoal water separates the city from the mainland. This water is spanned by the single long bridge, which burned. REGISTER OF TREASURY. Wm. T. Vernon Assumes the Duties of the Office. William T. Vernon of Kansas, the col¬ ored man appointed some time ago by President Roosevelt to succeed Judson W. Lyon as register of the treasury, has ar¬ rived In 'the city, and appeared at the Treasury Department today. He took the oath of office and entered upon the dis¬ charge of his official duties. Mr. Lyon was appointed from Georgia by President McKlnley, and was retained by President Roosevelt. Mr. -Vernon is a.i accomplished scholar and a fine orator. He has been engaged In educational work and has been at the head of an institution of learning for some time. He possesses many fine qualities, and Is a genuine rep¬ resentative of hi* race. He stands well with all classes and Is considered quite a diplomat. MRS, LONGWORTH HIGHLY HONORED To Sit Next to King Edward at Reid Dinner. IN LONDON THIS EVENING Takes Precedence Over All Other Wo¬ men Present. BEQUEST OF BRITISH SOVEREIGN Magnificent Function at Dorchester House by Ambassador Reid in Honor of the Americans. Special Cablegram to The Star. LONDON. June 12..At the desire of the king. Mrs. Longworth will occupy the place on his left hand at the dinner that Is to be given tonight at Dorchester House by Am¬ bassador Whltelaw Reid. Thus she will take precedence of all the duchesses and other ladles present, Including those of the first rank In London society. The chief decorative feature of Dorchester House this evening will be a magnificent representation of the American eagle, in . white Italian marbie, adorning the front portico. Mr. Held procured the emblem awhile ago in Rome and placed It in position the other day in honor of Mr. and Mrs. Longworth. It will remain where it is dur¬ ing the remainder of Mr. Reid's tenancy of Dorchester House, and afterward will adorn his country house in America. Swarms of workmen were this afternoon putting the finishing touches to the elab¬ orate decoration, among which crimson rambler roses will be conspicuous. The entrance hall, the grand staircase and the terraces are one mass of blooms, and have been converted Into a fairyland. The dining room alone has not been In¬ vaded by the horticultural display. The ta¬ ble only will be decorated with flowers. To soften the severity of Mr. Reid's splen¬ did service of silver plate, the furniture is upholstered In red. One feature of the room is the fireplace, decorated by Stevens, with heautiful female figures, supporting the mantleplece. At the back of the house has been erected a huge marquee, in light green and white, and fitted with electroliers and tables, the whole forming an elegant apartment where sup¬ per will be laid. The Distinguished Guests. The guests wilt include: The Earl of Cranard, lord in waiting; Major George Lindsay Holford, equerry In waiting to the King; the Duke of Richmond and Gordon, the Duke and Duchess of Buccleuch, the Duke and Duchess of Marl¬ borough, Lord Ttate Edmouth, the Countess Frey, Lady Susan Townley, the Marquis and Marchioness of Lansdowne, Paul Cambon, French ambassador; Admiral Founier, French navy; Lord and Lady Curzon, Mr. and Mrs. Joseph Chamberlain, Mrs. Donald Cameron. Ogden Mills, Mr. John Ridgeley Carter, secretary of the American embassy, and Mrs. Carter, and Delancy Jay, private secretary to Ambassador Reid. The King will take into dinner Mrs. Whitelaw Reid; Mr. Reid will take the Duchess of Marlborough. The guests in¬ vited to the musical entertainment after dinner are the Duke and Duchess of Somer¬ set, Contuelo, Duchess of Manchester, and Winston Churchill. The artists Include En¬ rico, Caruso and Madame Emma Eames. WAIF SENT NOBTH. Boy Left at Boonville on the Way to New York. 8EDALIA, Mo., June 12.-Wi»ard Farris, the five-year-old boy who, last Tuesday, was brought from San Antonio, Texas, on a Mlssourt, Kansas and Texas train in charge of a conductor and left at Boon- vlUe, when nobody claimed him, and who was finally taken in charge by Superintend¬ ed N. J. Finney of the road and brought here, was, this morning, placed on the Missouri. Kansas and Texas train for St. Louis em route to the home of his grand¬ mother, Mrs. Lizzie Farris, 283 West 132d street. New York. The boy was placed in care of the con¬ ductor after Superintendent Finney had re¬ ceived the following telegram from W. S. 8:. George .general passenger agent of the Missouri, Kansas and Texas, at St. Louis: "Have the following telegram from our general eastern agent. New York city: 'Affidavit, also letter from pastor of her church, presented here by alleged grand¬ mother of Willard Farris, boy In charge of Superintendent Finney. She desires him forwarded and will pay all costs.' " YELLOW FEVER FROM COLON. Detention of the Steamer Whitehall at Ship Island. The yellow fever reported yesterday from the Ship Island quarantine station below New Orleans was reported to the public health and marine hospital service by Dr. Wllle, in charge of the Ship Island station. On June 4 hereported two cases on the steamship Whitehall, which arrived at quarantine May 30, seven and one-half days from Colon, Panama. After three days of observation the two cases were diagnosed as mild yellow fever. On June 6 another and positive case of yellow fever developed also from this steamer. Surg. Gen. Wyrnan directed Dr. Wille to detain the Whitehall six full days after the development of the last case, making the required fumigations of the vessel. This order would make the release of the vessel possible today or tomorrow. A case of yellow fever was reported from Colon, Panama, May 22. QUORUM FAILED TO ATTEND. Meeting of the Senate Committee on Interoce&nic Canals. The Senate committee on lnteroceanlc canals failed to get a quorum for its meet¬ ing today and Senator Morgan gave notice that he would Introduce In the Senate a resolution asking that the* committee be empowered to consider pending measures with five members present. He announced that he would submit some remarks on the resolution In criticism of the failure of members to attend. Of the thirteen members of the committee. Chairman Mil¬ lard and Senators Klttredge, Morgan, Tali¬ aferro and Culberson were present today. Light Frost la New York State. Special Dispatch to The Star. MALONE. N. Y., June 11..There was a light frost in Malone this morning. Re¬ ports from Adirondack points south of Ma- lone Indicate a very heavy frost Great damage Is reported to vegetable gardens la that section. » ON AQ&ABIAN QUESTION THE DOUMA AT ST. PETEBSBITBG CONTINUES DEBATE. ST. PETERSBURG, June 12..The lower house of parliament today continued the discussion of the agrarian question, after reading motions to Interpellate the minis¬ ters, Including one asking the minister of the interior to give reasons for. the Impris¬ onment of one hundred and fifty peasants of Poltava province. A motion to reduce to ten minutes the time allowance of speeches on the agrarian question was re¬ jected, though the list of speakers still con¬ tains 117 names. A proposal by M. Tatarlnoff that no more speeches be delivered, as the nation was tired of them, was received with cheers. Members, however, continued to address the house at length, but they failed to ex¬ cite Interest. To Prefer Charges Against Members. Special dablefram to The Star. ST. PETERSBURG. June 12..The Novoe Vremya states that the government will prefer charges against fourteen members of the douma, charging them with having signed a manifesto to workmen, which is regarded as an incitement against the gov¬ ernment. STAND WITH THE CZAB. Nobles' Congress Indorsed His Agra¬ rian Program. ST. PETERSBURG, June 12..The No¬ bles' congress now In session here has practically indorsed the government's agrarian program, having declared itself against the forced expropriation of land and proposing only two methods for the relief of the peasants. These are purchases ,of land through the peasants' banks and transmigration to Siberia, especially com¬ mending the latter and recommending the granting of free land in Siberia and ex- emption from taxes for a period of years. The congress also Indorsed the govern¬ ment's proposition for a dissolution of the commune system where it is desired. An influential but small minority, headed by Count Uvaroff of Saratoff, protested against the selfish attitude of the nobility, urging unavailingly that the large land- lords, if they wished to escape from utter ruin, must cede something to the peasantry and at least consent to the expropriation of surplus estates. j A strong effort Is being made by the moderate liberals, who are being organized into a new party under the leadership of M. Yermoloft, formerly minister of agricul¬ ture and now member of the upper house, to induce the rtnperor and court to at¬ tempt to compromise the situation by sup¬ planting the Goremykln ministry with a mixed -cabinet chosen from the October party, the party of democratic reforms, and the constitutional democrats. Shipooft of Moscow. President Mouromt- seff, Prof. Kusmin-Karavieff, Prof. Maxim Kovalevsky of Kharkoff and Count Heyden are suggested as the nucleus for such a ministry, but there Is no evidence that the ejaperor Is ready to try the experiment. On the contrary, the straws point in other di¬ rections. Some of the provincial governors are still openly continuing the campaign to discredit parliament, and this morning the decoration of all the officers of the Seminovsky regi¬ ment. who made themselves hated after the Moscow uprising, was announced. Although the crop reports from the entire western province, including Poland, from the Black sea and from the Gulf of Finland are excellent, the latest reports from the Volga region Indicate that Russia will not escape a,famine. The harvest In that cor¬ ner of tne empire this year, especially In Kazan. Simbirsky and Samara, threatens, owing to lack of rain, to be a complete fail¬ ure. This ia the region where the peasant agitation is most acute. In spite of the bad showing in the Volga region the government crop report considers that tho good condi¬ tion westward indicate more than an aver¬ age crop. CADETSHIP FOB DISTBICT. Mr. West's Suggestion Begarding Ap¬ portionment for West Point. The advisability of seeking legislation au¬ thorizing the apportionment of a West Point cadetship to the District of Columbia was suggested in a letter written to Secre¬ tary Taft today by Commissioner H. Li- West. It is thought that the result desired could be obtained in an amendment to the military appropriation bill, but it is proba¬ bly too late for such an enactment to be considered at this session of Congress, the matter being brought up at this time so as to have preparations made for presenting the proposition to Congress next winter. Inspiration for Commissioner West's sug¬ gestion was furnished by the marked evi¬ dences of enthusiasm for the military part of their work by the High School Cadets, and it is Mr. West's thought that this In¬ terest would not only be stimulated, but that it would earn a deserved reward if the nrized cadetship should be awarded each year to the High School soldier who show¬ ed the greatest proficiency In his studies and In military training. Many memberB of the High School regiment, at various times, have been heard to express a desire to enter into competitive examination for appointment to West Point but heretofore the only thing that has been available to them has been one of the President's ap- polntments-at-large. DISCUSSING MEAT INSPECTION. House Agricultural Committee Be- sumes Its Sessions. The House committee on agriculture con¬ tinued its task of getting together on a modification of the Beveridge meat In¬ spection rider to the agricultural appropri¬ ation bill today. The committee met at 10:30 o'clock and continued In session un¬ til the presence of members was required on the floor of the House to vote on send¬ ing the railroad rate bUl back to confer¬ ence. A continuation of the session was held in the afternoon. The consideration was devoted In the main to the question of the extent of the inspection, whether it shall be to the small butcher who may kill a very limited num¬ ber of animals and dispose of thom over a state line, thus engaging in interstate commerce. It issald by members to be very difficult to draw the line in this re¬ gard. The suggestion made by Mr. Cowan, ranreaentlm the Texas cattle raisers, dur- [rfte K is receiving consideration in this regard: To apply the inspection to the product which enters interstate com¬ merce by railroad, regardless of the sire of to- dav as was the case yesterday, are sim- pl/'tentative. Members of the ^oommlttee coy a final conclusion jpi&y ^6 r68.ch.6d as the result of continuous work today and tomorrow. Presidential Nominations Confirmed. The Senate in executive session yester¬ day confirmed the following nominations: Sheridan F. Master, surveyor of customs for the port of Grand Rapids, Michigan. Matthew R. Wilson, register of the land office at Bozeman, Montana. Receiver of public moneys, Samuel A. Wells, at Spokane, Washington; Charles a wtison at Great Falls, Montana; John r Hllman i ^i.peU, Montana, and a number of Selection for Senator Practi¬ cally Unanimous IN DOVER, DEL., TODAY All the Demqpratic Legislators Voted Blanks. ONLY ONE VOTE FOR ADDICKS Election Will Be Formally Declared at the Joint Session to Be Held Tomorrow. DOVER, Del.. June 12..The Delaware leg¬ islature at noon today elected Col. Henry A. Dupont United States senator for the constitutional term beginning March 3, 1905. His election was practically unanimous, as the democratic members voted blanks and all the republican members save one voted for Col. Dupont. The exception was State Senator Thomas C. Moore or Kent county, who voted for J. Edward Addicks. The ballot resulted: Senate.Dupont, 8; Addicks, 1; blanks, 5. House.Dupont. 20; bleaks, 8. Total.Dupont, 28; Addicks, 1; blanks, 13. Total, 42. Necessary to a choice, 22. The election of Col. Dupont will be for¬ mally declared at the joint session to be held tomorrow. State Senator Thomas Jefferson, dem¬ ocrat, of Sussex county, died suddenly today. .Distinguished Army Veteran. Col. Dupont is sixty-eight years old and is a native of Delaware. He is the head of the great power works bearing his name, and is very wealthy. He served throughout the war of the rebellion and was awarded a congressional medal of honor for "most distinguished gallantry in action." Col. Dupont resigned from the army In 1875. He was president and general man¬ ager of the Wilmington and Northern Railroad Company from 1879 to 1899, and since 1896 has been a director of the Reading railroad. ARRESTED WOMAN'S PLEA. Said Her Husband Compelled Her to Steal. NEW YORK, June 12..Mrs. Cella Marks, whose husband is serving a sentence in Philadelphia for several Jewel robberies in that city, was arrested in this city today charged with being an accomplice of her husband ta the robberies in Philadelphia. The police were waiting for her at the post office, and arrested her when she called for a letter from her husband. She is accused of robbing Dr. Loewengrund of 1827 North 18th street, Philadelphia, of $1,000 worth of jewelrv. and Haroy A. Seabridge of 1634 North' 13th street, of $2,000 worth or val¬ uables. The detectives who arrested her said that she declared that her husband compelled her to steal, and taught her how to rob. TEHRAN OVA GIRL'S CASE. Paroled at New York Today.Not Pull Liberty. NEW YORK, June 12..Josephine Terra- nova, the young woman who was recently acquitted by a jury or the murder ot her aunt, was today paroled in the custody of her counsel by Justice Scott. The action was taken at the request or Assistant Dis¬ trict Attorney Ely. Although freed from confinement In the Tombs, where she had been held a prisoner for many months, the action of the *?ourt today does not restore the young woman to full liberty. She is still under indictment on a charge of the murder of her uncle, and her counsel must produce her In court at any time upon request of the district at¬ torney to stand trial for that crime. It Is not at all certain that the case ever will be called, however, and the girl may never have to answer for the death of the man whom she charges with having abused lier. I|| » T I 1 r V * Given to Senator Wm. Pinckney Whyte of Maryland. In the Senate today Senator William PInkney Whyte of Maryland was named as a member of the Senate committee on the District of' Columbia, to take the place made vacant by the death of Senator Gor¬ man. Senator Whyte, with his long fa¬ miliarity w\th conditions in the District and his well-known broad ideas as to the Scope of improvement that should charac¬ terize the upbuilding or the District or Co¬ lumbia. is suggested as a particularly valu¬ able member or that committee. His great ability as a lawyer will also be or value In connection with the committee work. Senator Wtiyte's acqualntarfce with the District or Columbia goes back farther than that or any other senator. He re¬ members the District as it was sixty years ago and can tell interesting stories of the day's when it was known as the city of magnificent distances. In fact, when he first came to Congress the place was a lit- tie southern village, and in those days the Capitol had not yet had the north and south wings constructed. Senator Whyte has seen the city grow and has watched its development wit'i pride, believing that it should be beyond all question a model In municipal improvements such as will form an inspiration to all cities of the C°Senator Whyte was also given a place on the committees on Canadian relations, on the library, on printing and on irriga¬ tion. TO REINSTATE MIDSHIPMEN.# Senate Passes Bill to Authorize Re¬ appointment- The President Is given authority by a bill ordered favorably reported today by the Senate committee on naval affaire to reap¬ point euch of the midshipmen at the Naval Academy, recently dismissed for hazing, as may be reappointed without prejudice to the naval service. These midshipmen are to be assigned to the classes next below (hose of which they were members when dismissed. In the Senate Senator Hale called up and the Senate passed the bill. Senator Scott asked for an explanation, saying that If the youn* men were to be reinstated Congress may as well turn the academy over to them and cease trying to control them, adding that a course on a former occasion had had a very mis¬ chievous effect Ha had no Awtt that some totoSSiai U»Urn. the offenses n committed permuted no half-way course, but required expulsion for the ^lightest of¬ fense. Since then the law had been modi¬ fied so that hereafter punishment could be graded to (It the offense He said that about eight young men would be affected. EFFORT TO SAVE PRISONERS. V Futile Work at Moscow to Stay Si¬ berian Exile. MOSCOW, June 12..The inmates of the prison today barricaded the building In an effort to save the political prisoners w .o were about to be went by stages to Siberia to undergo nine years' banishment, but after a tight the keepers carried the ob¬ structions and order was restored. WARSAW, June 12..Governor General Skallon today issued a proclamation to the effect that university students who fa led to pay their fees must return to the urmy and complete the usual term of military service. KUTAIS. Russia. June 12..M. Sharpkov- sky, a marshal of nobility, was waylild and murdered by revolutionists yesterday. KERTCH, Russia, June 12..The long¬ shoremen and dredgers here have gone on strike. KIEV, Russia. June 12..The bakers and the employes of several large paper fac¬ tories have declaied a strike. SLAIN BY BRITISH BULLETS. Natives of Natal Routed by the King's Troops. DURBAN, Natal, June 12,-CoL Macken¬ zie's column yesterday attacked the rebel natives who had sought shelter in the bush. The latter climbed trees, whence they hail¬ ed assegais on the troops, but bullets drop¬ ped them out of the branches. . Over forty were thus killed, and altogether ItiO natives were slain. Darkness ended the operations of the troops, but the rout of the rebels Is legarded as practically complete. $100,000 FIRE IN NEW YORK. About Half of Village of Sodus De¬ stroyed. ROCHESTER, N. Y. June 12..About half of the village of Sodus was burned today, entailing a loss estimated at more than $100,000. The post office, Charles D. Gay- lord's bank and the Sodus Alliance newspa¬ per office were among the buildings d<^ stroyed. Explosions of gas added to the confusion and danger. Myers' Hospital caught fire, but was saved. Most of the buildings were wooden structures. THE CHRISTIAN SCIENTISTS. Immense Gathering at Boston Com¬ pelled Two Meetings. BOSTON. June 12 .So great a crowd had assembled before the new auditorium of the Mother Church of Christ. Scientist, for the annual business meeting of the believer* In the Christian Science faith today that two meetings, one a duplicate of the other, were arranged. Hermann S. Herring, president of the church, presided. This is his second term in office, and in compliance with the re¬ quirements of the church he will retire this year. The reading of repor's and the elec¬ tion of officers were the principal matters of business. BELIEVE HE IS ALIVE FRIENDS OF W. B GURLEY IN¬ VESTIGATING HIS AFFAIRS. The family and friends of Mr. William B. Guriey, the Washington stock broker, of whom all trace was lost in a journey from Nantucket, Mass., to this city about a month ago, aie, it is stated, satisfied that he is alive an! somewhere in the west. It Is said that he has been traced as far as Chicago. It is known also that at Bos¬ ton, after leaving Nantucket, he purchased a new trunk, discarding his old one. and, packing his belongings in the new one, boarded a train, It is now stated, for the west. From Boston he sent his family at Nantucket a package of newspapers, and this is the la fat positive tidings they have had of him. In order to ascertain the condition of Mr. Gurley's financial affairs, Messrs. Melville and De Shields Guriey, son of Mr. Guriey, acting on the advice of Mr. J. Wilton Lam¬ bert, held a meeting of Mr. Gurley's clients in the Lawrence building last night, and at the meeting information was obtained as to the stock Mr. Guriey had been carry¬ ing. His desk In his office In the Adams building was opened yesterday by his sons, and the local banks were also examined, and It can be stated positively that all the local stocks held by Mr. Guriey were lo¬ cated. It is believed that the stocks Mr. Guriey held in New York can be easily lo¬ cated also and Mr. De Shields Guriey went to that city today to look up the matter. As far as the Inquiries have gone, there Is no doubt that Mr. Guriey left his af¬ fairs in good shape, and his sons, who have taken charge of his business affairs, will have no trouble in straightening them out. At the meeting helu last night, it is stated, five of Mr. Gurley's clients were present, but exactly what transpired at the meeting la not known, except that the in¬ formation obtained enabled Mr. Gurley's sons to state that they had discovered prac¬ tically all the stock held by Mr. Guriey for his local clients. It Is believed that the developments of the next few days will show positively that Mr. Gurley's accounts are all correct and that all who have business with him will be fully secured. Mr. Guriey, It Is stated, has been unfor¬ tunate since the firm of Guriey & Johnson discontinued business. Several months ago he sold his seat on the local stock ex¬ change for $8,000, and of late had done but little business, and that through other brokera. All his dealings were. It Is be¬ lieved. fair and above b.>ard, and financial matters. It Is thought, had but little, If anything, to do with his disappearance. Mr. Chas. L. Guriey, brother of the miss¬ ing man, said today that he had no definite Information whatever regarding his brother, and that the reason the members of the family believe he may still be alive 1* that they have had no Information of his death. He did not care to say anything regarding yesterday's meeting, and referred all per¬ sons seek'ng Information on that subject to Mr. Melville Guriey, who Is temporarily In charge of his father's business affairs. Ocean Steamship Movements. NEW YORK, June 12.-Arrived: Oscar II. from Copenhagen. NEWPORT, June 12..Steamer Bremen, from Bremen for New York, passed Nan¬ tucket light vessel at 4 a.m. today and will probably reach her dock about 7:90 p.m. Poured Oil on a Lighted Fire. Special Dispatch to The Star. SUFFOLK, Va., June Ml.Fannie 8te- jhenson. a young wnaa of WtlUamatown. a Suffolk suburb, died this morning as a re¬ sult of burns. She poured oil oa a lighted fire and the subsequent can explosion en- her in Hawass All her hums v\ wm ARE TO BE HEARD At I. C. C. Hearing of Coal-Car¬ rying Railways. BY FORMAL INVITATIONS Inquiry Returned by Board in Phila¬ delphia Today. TEE CLAIMS FOE COAL LOST Relations of Railroads to Companies Shown."Pennsy" Operates Ail Cars on Noted Fier. PHILADELPHIA. Pa.. Juno 12..The presidents of the big coal-carrying: rail* roads will be given an opportunity to ap¬ pear before the Interstate commerce com¬ mission and make any statement they may desire. Commissioner Cockrell said today that Invitations would be extended to the presidents of the Pennsylvania, Baltimore and Ohio, the Norfolk and Western, the Chesapeake and Ohio an<f the New York Central railroads to appear before the com- mission. No subpoenas would be Issued for the heads of theso roads, and their appear- ance will be entirely optional with the of¬ ficials. "You cannot condemn a man without a hearing," said Commissioner Cockrell. "i» has been the purp. se of the commis¬ sion to permit the pres.dents of the coal roads to make any statements they may de- sirt. but »e are not yet ready. We want all the testimony we can get from the sub¬ ordinates and then fhe case in its entirety will be before the commission and the rail¬ road presidents.'" First Testimony Today. The commission resumed Its inquiry t*»day Into the relation of the railroads to t! « coal and oil interests. The llrst witness was Robert L. Franklin, assistant freight claim agent of the Pennsylvania railroad, who detailed the method of Investigating claims made by coal companies for coal lost In transit. Mr. Franklin was asked to furnish the commission with eight claims, the numbers of which were furn.shed by Mr. Glisgow. He was excused in order to procure the claims. The Berwind-Whlte Coal Company an<I the much discussed Harsimus pier In New York harbor came up again when R. F. Cochran, superintendent of the pier, was called. Mr. Cochran was an interesting witness and gave au Intelligent explana¬ tion of the system on the pier The Ber- wlnd-WMte company, it had been testified by previous witnesses, has the exclusive use of Harsimus pier, which was built by the Pennsylvania railroad and paid for by the coal company. Mr. Cochran testified that a space of 120 feet on the pier Is used by the Pennsylvania railroad for coaling Its tugs with anthracite. This fact, he said, hundicaps the Berwind- White company, as the latter Is compelled frequently to wait until the railroad bins are filled before the coal company can fill Its own bins. An Important Revelation. Superintendent Cochran said It is the prac¬ tice to load coal Into barges without con¬ signment, in order to have it in readiness for orders from vessels. The bill of lading given to the barge captain is made on the weights furnished by the railroad. Another bill of lading is furnished to the vessel, T. J. Kelly, superlntedent of delivery. The most Important feature of Mr. Coch¬ ran's testimony was his statement that the Pennsylvania railroad operates all the cars on Harsimus p.er, both those belonging to the railroad and the coal company cars. The railroad's locorqptives are used and railroad employes operate the locomotives. Berwlnd- White Company employes are prohibited from handling the cars. It Is in evidence before the commission that the Berwind-White Company Is allowed 7 cents a ton by the railroad for performing this work. "What was the Improvement made to the pier in lsyy?" Mr. Glasgow asked the wit¬ ness. "It was a new addition which the Penn¬ sylvania railroad uses exclusively, with the exception of tiftv-five feet." "Ate you aware that the Berwind-Whlte Company paid the railroad for that Im- provement?" Paid Railway foj Work. The witness had no knowledge on that subject. It Is in evidence that the Berwind- White Company paid to the Pennsylvania Railroad Company the sum of HO,two for these Improvements. Cross-examined by Attorney Heebner, counsel for the coal company. Superintend¬ ent Cochran said he did not know that the Berwind-White company made monthly set¬ tlements with the railroad for operating the cars on t'he pier. Mr. Cochran further testified that while' all bii.s of lading are made on estimated weights furnished bjr the 'railroad, the purchaser Is entitled to demand the actual weighing of the coal. Asked if he knew of any instances where the coal was actually weighed. Mr. Coch- ra.n said the fuel furnished to the 96th street and the 110th street power houses of the New York City railway Is always weighed. Gilbert A. Williams, assistant to Superin¬ tendent T. J. Kelly, was asked as to ths manner In which the bills for coal to ves¬ sels are made out. He said they are based on the estimates made by George Johnson, superintendent of towboats, and the steam¬ ship agents. "Who makes out the bills?" asked Mr. Giasfow. Protest Against Examination. Attorney Heebner here made a vigorous protest against "this line of examination." He wanted to know what was to be gained by it. The shipper and the consignee, he said, were satisfied with the method of rendering the bills. "The lierwiivd-White and the steamship representatives estimate the weight of the coal," Mr. Heebner continued. "And tbe bills are rendered on their guess. There la the uncertain element of a portion of the coal remaining in the barge when It Is not ail taken by the vessel. But we don't tally the number of tubs taken from each barge when a number of them are loading a ves¬ sel wtth fuel. We take the total number of tubs dumped into the steamship. "Then how do you apply the residue?" asked Commissioner Cockrell. "We don't apply It," rejoined Mr. Heeb¬ ner. "Shipper and buyer seem to be sat¬ isfied, and that is all there Is to 't." "Well, that's a proposition, and I would like to bear It explained,'' said Mr. Cock¬ rell. . . "I don't know how you are going to And out." responded the lawyer, "Well, we will stagger along come war." interjectad Commiss oner Clements. "ir row method Is such that we cannot Isarn what we want to know, we wHl have to do without the information."

Transcript of wm ARE FOUNDGUILTY HIGHLYHONORED ARE TO BE · In stating the caso. suld that, according to the...

Page 1: wm ARE FOUNDGUILTY HIGHLYHONORED ARE TO BE · In stating the caso. suld that, according to the Indictment returned against the defendant, the pac'< Ing companies signed a contract

THE EVENING STARWITH SUNDAY MORNING EDITION.

SulatM Offlw, 11th Btnrt ui PiiujItuU A>im

The Erenicg Star Newipaper Company.THEODOEI W. NOTTS?. Pmldcmt

H«w Tsrk Offiw: Tribuns Building.Chittgo Cffce: Trita&t Building.

Evening 8tar, with the Sunday morning edi¬tion, la delivered by carriers, on their own account,Within the city at 50 centa per month; without th«Kunday morning edition at 44 centa per month.

By n.a11. postage prepaid:Dally, Sunday included, one month. 60 cents.Daily, Sundav excepted, one month, 60 cents.Saturday Star, one year. 11.00,8unday Star, one year, $1.50

No. 16,697. WASHINGTON, D. 0., TUESDAY. JUNE 12, 1906-TWENTY PAGES.

Weather.Fair, continued cool to-

night.. Tomorrow fair, slight*ly warmer.

*

TWO CENTS.

WESTERN PJCKEI1SARE FOUND GUILTY

Of Accepting Concessions From

the C., B. and Q. Road

ON EXPORT SHIPMENTS

Of Their Big Packing HouseProducts.

IN COURT AT KANSAS CITY

The Sentence, by Judge McPherson,is Deferred Until Another Case

is Concluded.

Armour & Co., Swift & Co,Cudahy & Co. and the Nelson Mor¬ris Packing Company were foundguilty in the United States districtcourt at Kansas City this morningof accepting concessions from theChicago, Burlington and Quincyrailroad on export shipments on

packing house products.The case was given to the jury at

10:40. The verdict was returned nt11140.Judge Smith McPherson of Red

Oak, Iowa, the presiding judge,stated that sentence would not be as¬

sessed until the case against theBurlington railway, which is chargedwith granting the concession to thepackers, is concluded. The Burling¬ton s trial will begin this afternoon.The law in the present case providesfor a fine only and not a jail sen¬

tence.The government and the attor¬

neys for the defendant have prac¬tically agreed upon a statement offacts in the case of the Chicago,Burlington and Quincy railway.This case will go to the jury with¬out hearing of witnesses.KANSAS CITY. June 12,-The cases of

¦ hp four meat packing: companies, chargedwith accepting rebates, were today given tothe Jury in the United States district courthere. A verdict Is expected today.The rases are those of Armour & Com¬

pany, Swift & Company, Cudahy & Com¬pany and the Nelson Morris Packing Com¬pany. They were charged in Indictmentsreturned here last December with accept¬ing from the Rurllngton railway conces¬sions on shipments from the Kansas Cityplants to New York for export. The caseswere consolidated for trial purposes. Thespec I fir case considered, which Is practically

th" °th"rs- is that chargingCud hy * < ompany wlth acpepfInK rale

mern TV" .? hu.lre'1 on a ship-mem. (lf lard to New York for export to" ,w,hon ,he tariff then on file

the Interstate commerce commissionwas .« cents The trial began last weekand after a lengthy argument was contin¬ue1 until this morning, when Judg SmithMoP,.erson of Red Oak. Iowa, the presidingJudge, instructed the Jury.The present case bears unusual impor¬

tance In the list of rebate trials to come upIn this court, for It Is the flrst time that anyconcern lias been brought to trial before a

Jury on a charge affecting export rates as

applied to the interstate commerce act.Counsel for the defendants in this trial con¬tended that the court lacked JurlsdlcUon.which was overruled by Judge McPherson'and then that when they signed a contra-t

th«7r,h£ nh<,,.Zl"?ent, rate " was le*ai' andthat the Burlington later raised its tariff to

.h «S" Ju<,Re McPherson's Instructionsto the Jury covered the points fully.

Statement by the Court.Judge McPherson. In stating the caso.

suld that, according to the Indictmentreturned against the defendant, the pac'<Ing companies signed a contract to rununtil December 81, 11)05. in which theBurlington railway agreed, with otherconnecting railways, to carrv packln*house products from the Missouri riverto Germany, billed via New York- thatthe rate agreed upon Included a rate ofM cents a hundred pounds between theMississippi river and New York th^while this contract was In existence theBurlington railway filed with the interstate commerce commission an amendedtariff of 35 cents on these products fromthe Mississippi river to New Vork andthat the defendant continued to acceDt

if luCent.. rat* Hfter August 6, 1905when the alleged ofTer.se was committed!

Judgre McPherson says:-The Constitution of the United States

gives Congress the power to regulatecommerce between the stntes and foreignnations. And in the exercise of thispower Congress did enact the two stat¬utes of February 4. 1K#7. and of Febrii-

arr.u -1003' the luat being amendatoryof the former.

'

"And the court charges you that Incarrying the products from Kansas CityKan.. In and through this division and dis¬trict to the Atlantic seaboard ports to beloaded there on vessels and carried toEuropean ports, such commerce was withforeign nations, and was such commerceas is referred to and covered by the twoenactments of Congress mentioned. In thiscase the defendant packing company wasboth the shipper and the consignee. AndIn making such shipment from Kansas CityKan., to, within, through and beyond thisdivision and Judicial district to an At¬lantic seaboard port, to be there placedupon an ocean vessel, to be carried to a

Europaan port, both the defendant packingcompany, the Burlington company and theconnecting lines of raUroad. each and alt.are amenable to the two statutes In ques¬tion. And If the law has been violatedIn the facta In evidence under the indict¬ment herein, then this court has Jurisdictionto hear and determine the case and renderauch Judgment as your verdict and Justicerequires.

.nd If such shipment of such packinghouse products were made from KansasCity, Kan., to the European porta as athrough shipment, consigned by the defend¬ant packing company at Kansas City. Kan.,to Itself at the European-port, and this factwas so known by the defendant when Itmade the shipment, and If this fact was.o known at th« Urns by the Burlington

company when It received the product, andIn turn each of the connecting lines of therailroad and the steamship company knewsuch fact when receiving such product,then It Is not controlling that the receipts,contracts, writings or bills of lading werethrough contracts or bills of lading."Judge McPherson said that in the case

on trial there Is no question as to the rea¬

sonableness of the rates nor as to the effi¬ciency of the service, but the question Is:Did the defendant packing company re¬

ceive unlawful concessions'ln making saidshipments? He recited the fact that whiletheir contract on the basis of the 28-centrate was In effect they were aware of thefact that the Burlington railway and Usconnecting lines had filed a 35-cent tariffwith the Interstate commerce commission.The court declared that as a matter of lawthe question as to the validity of the pack¬ers' contract was not a practical question,"because and for the reason that the de¬fendant company had no right to make a

contract that would extend beyond thetime of filing new schedules with the com¬mission at Washington, fixing the rate tothe general public at a higher and differentrate than that covered by the contract."He continued: "And when the amenda¬

tory rates east of the Mississippi river wasfiled with the commission August tf, andthe defendant knew of the same, it couldnot knowingly receive a less rate or con¬cession than that paid by the general pub¬lic without being guilty of receiving an un¬lawful concession. pr#rlded that the samewas thus received by any kind of deviceas hereinafter recited. This is so because,the right, privilege and liberty of contractusually existing between all persons andcorporations Is modified and controlled bythat provision of the Constitution whichgives to Congress the right to regulate com¬merce between the states and foreign na¬tions."Jmlge McPherson, in concluding, said:"It is important for you to determine

whether the concession of 12 cents per hun¬dred after August 0, from the rates, cov¬ered by the schedules then on file with thecommission, was the result of a device andwhether done with guilty Intent. It musthave been, before you can convict, the re¬sult of a device and with a guilty Intent,because, if the shipper did not know it wasreceiving concessions and did not have a

guilty intent, no crime would be committed.As to device is meant that which Is devisedor formed by design; a contrivance; a proj¬ect; a scheme to deceive; a stratagem, oran artifice."The court overruled the motion of counsel

for the defendant packers, and made thefollowing instructions:

1. The Jury will return a verdict fordefendant.

2. The indictment in this case is insuf¬ficient to warrant a finding of guilt asagainst the defendant.

3. The evidence In this case is insuf¬ficient to warrant a finding of guilt againstdefendant.

4. If the shipment in question wasthrough export shipment to a foreign portin a foreign country, then the verdictshould be for defendant.

5. If you fail to find that defendant didsome act In the western district of Mis¬souri, then the verdict should be for de¬fendant.

t>. The fact that the transportation ofthe shipment was through the western dis-trict of Missouri is not sufficient to vestJurisdiction In this court, and the pro¬visions of the act of Congress of February1!). 1003 (38 Statutes-at-I^arge, 847) in so faras they purport to authorize a prosecutionIn any district through which the trans¬portation may have been conducted. is»as to this defendant, violative of section2 of article ,'t of the Constitution of theUnited States and of article 6 of the amend¬ments to said Constitution.The case was given to the Jury at 10:40

a.m.

MANYPEESONSINJUEEDOVER HALF MILLION IN PROPER¬

TY BURNED IN NEW YORK.

NEW YORK. June 12..Property valuedat more than half a million dollars was de¬stroyed, nearly a score of persons were in¬jured and many persons were forced to fleefrom their homes In scanty attire by a firein the block bounded by Berger and Brookavenues and 147th and 148th streets, theBronx, early today.The principal loss fails upon the Stuy-

vesant and Wheelock piano companies andCharles Rlegers' Sons, makers of bank andstore fixtures.The plants of all these concerns were

practically destroyed, and the stables ownedby the Kleger firm also were burned. Allof the Injured are firemen. They were vic¬tim* of minor accidents during the progressof the blaze and none was fatally hurt.

ELECTION IN MICHIGAN.

Primaries Held Today to Pass on Im-portant Issue.

DETROIT, Mich., June 12..Primary elec¬tions are being held In Michigan today atwhich the voters are balloting on the ques¬tion of making permanent the present prl-mary law providing for the nomination ofcandidates for governor and lieutenant gov-ernor by direct vote and the selection ofcandidates for the other state offices byconvention of the party. Delegates are alsobeing selected to the various county conven¬tions. which will select the delegates to Ithe state convention. In nine of the con¬

gressional districts of the state and a num¬

ber of the state senatorial and representa¬tive districts, a vote Is being taken on thequestion of direct nomination of congress¬men. senators and represenatlves.Gov. Fred M. Warner and State Superin¬

tendent of Public Instruction Patrick H.Kelly of Detroit are respectively the candl-dates on the republican ballot for governorand lieutenant governor, and WoodbrldgeN. Ferris of Big Rapids Is the candidate forgovernor on the democratic ballot. Thereis no democratic candidate for lieutenantgovernor.

GALVESTON ISOLATED.

Long Bridge Burned Today.Connec¬tion by Boat Only.

HOUSTON. Texas, June 12..About 1,000 Ifeet of the bridge over a mile lone whichconnects Galveston Island with the main¬land burned this morning, completely iso¬lating Galveston from all connection withthe ou^flde world exc^>t by boat.Gaiveaton is built on an 1stand In the

GuVf of M«xlco, and a long stretch of shoalwater separates the city from the mainland.This water is spanned by the single longbridge, which burned.

REGISTER OF TREASURY.

Wm. T. Vernon Assumes the Dutiesof the Office.

William T. Vernon of Kansas, the col¬ored man appointed some time ago byPresident Roosevelt to succeed Judson W.Lyon as register of the treasury, has ar¬rived In 'the city, and appeared at theTreasury Department today. He took theoath of office and entered upon the dis¬charge of his official duties.Mr. Lyon was appointed from Georgia

by President McKlnley, and was retainedby President Roosevelt. Mr. -Vernon isa.i accomplished scholar and a fine orator.He has been engaged In educational workand has been at the head of an institutionof learning for some time. He possessesmany fine qualities, and Is a genuine rep¬resentative of hi* race. He stands wellwith all classes and Is considered quite adiplomat.

MRS, LONGWORTHHIGHLY HONORED

To Sit Next to King Edward at

Reid Dinner.

IN LONDON THIS EVENING

Takes Precedence Over All Other Wo¬men Present.

BEQUEST OF BRITISH SOVEREIGN

Magnificent Function at Dorchester

House by Ambassador Reid in

Honor of the Americans.

Special Cablegram to The Star.

LONDON. June 12..At the desire of theking. Mrs. Longworth will occupy the placeon his left hand at the dinner that Is to begiven tonight at Dorchester House by Am¬bassador Whltelaw Reid. Thus she willtake precedence of all the duchesses andother ladles present, Including those of thefirst rank In London society.The chief decorative feature of Dorchester

House this evening will be a magnificentrepresentation of the American eagle, in .

white Italian marbie, adorning the frontportico. Mr. Held procured the emblemawhile ago in Rome and placed It in positionthe other day in honor of Mr. and Mrs.Longworth. It will remain where it is dur¬ing the remainder of Mr. Reid's tenancy ofDorchester House, and afterward willadorn his country house in America.Swarms of workmen were this afternoon

putting the finishing touches to the elab¬orate decoration, among which crimsonrambler roses will be conspicuous.The entrance hall, the grand staircase

and the terraces are one mass of blooms,and have been converted Into a fairyland.The dining room alone has not been In¬

vaded by the horticultural display. The ta¬ble only will be decorated with flowers.To soften the severity of Mr. Reid's splen¬did service of silver plate, the furniture isupholstered In red.One feature of the room is the fireplace,

decorated by Stevens, with heautiful femalefigures, supporting the mantleplece. At theback of the house has been erected a hugemarquee, in light green and white, andfitted with electroliers and tables, the wholeforming an elegant apartment where sup¬per will be laid.

The Distinguished Guests.The guests wilt include: The Earl of

Cranard, lord in waiting; Major GeorgeLindsay Holford, equerry In waiting to theKing; the Duke of Richmond andGordon, the Duke and Duchess ofBuccleuch, the Duke and Duchess of Marl¬borough, Lord Ttate Edmouth, the CountessFrey, Lady Susan Townley, the Marquis andMarchioness of Lansdowne, Paul Cambon,French ambassador; Admiral Founier,French navy; Lord and Lady Curzon, Mr.and Mrs. Joseph Chamberlain, Mrs. DonaldCameron. Ogden Mills, Mr. John RidgeleyCarter, secretary of the American embassy,and Mrs. Carter, and Delancy Jay, privatesecretary to Ambassador Reid.The King will take into dinner Mrs.

Whitelaw Reid; Mr. Reid will take theDuchess of Marlborough. The guests in¬vited to the musical entertainment afterdinner are the Duke and Duchess of Somer¬set, Contuelo, Duchess of Manchester, andWinston Churchill. The artists Include En¬rico, Caruso and Madame Emma Eames.

WAIF SENT NOBTH.

Boy Left at Boonville on the Way toNew York.

8EDALIA, Mo., June 12.-Wi»ard Farris,the five-year-old boy who, last Tuesday,was brought from San Antonio, Texas, on

a Mlssourt, Kansas and Texas train incharge of a conductor and left at Boon-vlUe, when nobody claimed him, and whowas finally taken in charge by Superintend¬ed N. J. Finney of the road and broughthere, was, this morning, placed on theMissouri. Kansas and Texas train for St.Louis em route to the home of his grand¬mother, Mrs. Lizzie Farris, 283 West 132dstreet. New York.The boy was placed in care of the con¬

ductor after Superintendent Finney had re¬ceived the following telegram from W. S.8:. George .general passenger agent of theMissouri, Kansas and Texas, at St. Louis:"Have the following telegram from our

general eastern agent. New York city:'Affidavit, also letter from pastor of herchurch, presented here by alleged grand¬mother of Willard Farris, boy In charge ofSuperintendent Finney. She desires himforwarded and will pay all costs.' "

YELLOW FEVER FROM COLON.

Detention of the Steamer Whitehallat Ship Island.

The yellow fever reported yesterday fromthe Ship Island quarantine station belowNew Orleans was reported to the publichealth and marine hospital service byDr. Wllle, in charge of the Ship Islandstation. On June 4 hereported two cases

on the steamship Whitehall, which arrivedat quarantine May 30, seven and one-halfdays from Colon, Panama. After threedays of observation the two cases werediagnosed as mild yellow fever. On June6 another and positive case of yellow feverdeveloped also from this steamer.Surg. Gen. Wyrnan directed Dr. Wille to

detain the Whitehall six full days afterthe development of the last case, makingthe required fumigations of the vessel.This order would make the release of thevessel possible today or tomorrow.A case of yellow fever was reported from

Colon, Panama, May 22.

QUORUM FAILED TO ATTEND.

Meeting of the Senate Committee on

Interoce&nic Canals.The Senate committee on lnteroceanlc

canals failed to get a quorum for its meet¬ing today and Senator Morgan gave noticethat he would Introduce In the Senate a

resolution asking that the* committee beempowered to consider pending measureswith five members present. He announcedthat he would submit some remarks onthe resolution In criticism of the failureof members to attend. Of the thirteenmembers of the committee. Chairman Mil¬lard and Senators Klttredge, Morgan, Tali¬aferro and Culberson were present today.

Light Frost la New York State.Special Dispatch to The Star.MALONE. N. Y., June 11..There was a

light frost in Malone this morning. Re¬ports from Adirondack points south of Ma-lone Indicate a very heavy frost Greatdamage Is reported to vegetable gardensla that section. »

ON AQ&ABIAN QUESTIONTHE DOUMA AT ST. PETEBSBITBG

CONTINUES DEBATE.

ST. PETERSBURG, June 12..The lowerhouse of parliament today continued thediscussion of the agrarian question, afterreading motions to Interpellate the minis¬ters, Including one asking the minister ofthe interior to give reasons for. the Impris¬onment of one hundred and fifty peasantsof Poltava province. A motion to reduceto ten minutes the time allowance ofspeeches on the agrarian question was re¬jected, though the list of speakers still con¬tains 117 names.A proposal by M. Tatarlnoff that no more

speeches be delivered, as the nation wastired of them, was received with cheers.Members, however, continued to addressthe house at length, but they failed to ex¬cite Interest.To Prefer Charges Against Members.Special dablefram to The Star.ST. PETERSBURG. June 12..The Novoe

Vremya states that the government willprefer charges against fourteen membersof the douma, charging them with havingsigned a manifesto to workmen, which isregarded as an incitement against the gov¬ernment.

STAND WITH THE CZAB.Nobles' Congress Indorsed His Agra¬

rian Program.ST. PETERSBURG, June 12..The No¬

bles' congress now In session here haspractically indorsed the government'sagrarian program, having declared itselfagainst the forced expropriation of landand proposing only two methods for therelief of the peasants. These are purchases,of land through the peasants' banks andtransmigration to Siberia, especially com¬mending the latter and recommending thegranting of free land in Siberia and ex-emption from taxes for a period of years.The congress also Indorsed the govern¬ment's proposition for a dissolution of the

commune system where it is desired. Aninfluential but small minority, headed byCount Uvaroff of Saratoff, protestedagainst the selfish attitude of the nobility,urging unavailingly that the large land-lords, if they wished to escape from utterruin, must cede something to the peasantryand at least consent to the expropriation ofsurplus estates. jA strong effort Is being made by themoderate liberals, who are being organizedinto a new party under the leadership ofM. Yermoloft, formerly minister of agricul¬ture and now member of the upper house,to induce the rtnperor and court to at¬tempt to compromise the situation by sup¬planting the Goremykln ministry with amixed -cabinet chosen from the Octoberparty, the party of democratic reforms,and the constitutional democrats.Shipooft of Moscow. President Mouromt-

seff, Prof. Kusmin-Karavieff, Prof. MaximKovalevsky of Kharkoff and Count Heydenare suggested as the nucleus for such aministry, but there Is no evidence that theejaperor Is ready to try the experiment. Onthe contrary, the straws point in other di¬rections.Some of the provincial governors are still

openly continuing the campaign to discreditparliament, and this morning the decorationof all the officers of the Seminovsky regi¬ment. who made themselves hated after theMoscow uprising, was announced.Although the crop reports from the entire

western province, including Poland, fromthe Black sea and from the Gulf of Finlandare excellent, the latest reports from theVolga region Indicate that Russia will notescape a,famine. The harvest In that cor¬ner of tne empire this year, especially InKazan. Simbirsky and Samara, threatens,owing to lack of rain, to be a complete fail¬ure. This ia the region where the peasantagitation is most acute. In spite of the badshowing in the Volga region the governmentcrop report considers that tho good condi¬tion westward indicate more than an aver¬age crop.

CADETSHIP FOB DISTBICT.

Mr. West's Suggestion Begarding Ap¬portionment for West Point.

The advisability of seeking legislation au¬thorizing the apportionment of a WestPoint cadetship to the District of Columbiawas suggested in a letter written to Secre¬tary Taft today by Commissioner H. Li-West. It is thought that the result desiredcould be obtained in an amendment to themilitary appropriation bill, but it is proba¬bly too late for such an enactment to beconsidered at this session of Congress, thematter being brought up at this time so asto have preparations made for presentingthe proposition to Congress next winter.Inspiration for Commissioner West's sug¬

gestion was furnished by the marked evi¬dences of enthusiasm for the military partof their work by the High School Cadets,and it is Mr. West's thought that this In¬terest would not only be stimulated, butthat it would earn a deserved reward if thenrized cadetship should be awarded eachyear to the High School soldier who show¬ed the greatest proficiency In his studiesand In military training. Many memberBof the High School regiment, at varioustimes, have been heard to express a desireto enter into competitive examination forappointment to West Point but heretoforethe only thing that has been available tothem has been one of the President's ap-polntments-at-large.

DISCUSSING MEAT INSPECTION.

House Agricultural Committee Be-sumes Its Sessions.

The House committee on agriculture con¬tinued its task of getting together on a

modification of the Beveridge meat In¬spection rider to the agricultural appropri¬ation bill today. The committee met at10:30 o'clock and continued In session un¬til the presence of members was requiredon the floor of the House to vote on send¬ing the railroad rate bUl back to confer¬ence. A continuation of the session washeld in the afternoon.The consideration was devoted In the

main to the question of the extent of theinspection, whether it shall be to the smallbutcher who may kill a very limited num¬ber of animals and dispose of thom overa state line, thus engaging in interstatecommerce. It issald by members to bevery difficult to draw the line in this re¬gard. The suggestion made by Mr. Cowan,ranreaentlm the Texas cattle raisers, dur-[rfte K is receiving considerationin this regard: To apply the inspection tothe product which enters interstate com¬merce by railroad, regardless of the sire of

to-dav as was the case yesterday, are sim-pl/'tentative. Members of the ^oommltteecoy a final conclusion jpi&y ^6 r68.ch.6d asthe result of continuous work today andtomorrow.

Presidential Nominations Confirmed.The Senate in executive session yester¬

day confirmed the following nominations:Sheridan F. Master, surveyor of customs

for the port of Grand Rapids, Michigan.Matthew R. Wilson, register of the land

office at Bozeman, Montana.Receiver of public moneys, Samuel A.

Wells, at Spokane, Washington; Charlesa wtison at Great Falls, Montana; Johnr Hllman i ^i.peU, Montana, and anumber of

Selection for Senator Practi¬cally Unanimous

IN DOVER, DEL., TODAY

All the Demqpratic Legislators VotedBlanks.

ONLY ONE VOTE FOR ADDICKS

Election Will Be Formally Declared

at the Joint Session to Be

Held Tomorrow.

DOVER, Del.. June 12..The Delaware leg¬islature at noon today elected Col. HenryA. Dupont United States senator for theconstitutional term beginning March 3, 1905.His election was practically unanimous, as

the democratic members voted blanks andall the republican members save one votedfor Col. Dupont. The exception was StateSenator Thomas C. Moore or Kent county,who voted for J. Edward Addicks.The ballot resulted:Senate.Dupont, 8; Addicks, 1; blanks, 5.House.Dupont. 20; bleaks, 8.Total.Dupont, 28; Addicks, 1; blanks, 13.

Total, 42. Necessary to a choice, 22.The election of Col. Dupont will be for¬

mally declared at the joint session to beheld tomorrow.State Senator Thomas Jefferson, dem¬

ocrat, of Sussex county, died suddenlytoday.

.Distinguished Army Veteran.Col. Dupont is sixty-eight years old

and is a native of Delaware. He is thehead of the great power works bearinghis name, and is very wealthy. He servedthroughout the war of the rebellion andwas awarded a congressional medal ofhonor for "most distinguished gallantryin action."

Col. Dupont resigned from the army In1875. He was president and general man¬ager of the Wilmington and NorthernRailroad Company from 1879 to 1899, andsince 1896 has been a director of theReading railroad.

ARRESTED WOMAN'S PLEA.

Said Her Husband Compelled Her toSteal.

NEW YORK, June 12..Mrs. Cella Marks,whose husband is serving a sentence inPhiladelphia for several Jewel robberies inthat city, was arrested in this city todaycharged with being an accomplice of herhusband ta the robberies in Philadelphia.The police were waiting for her at the postoffice, and arrested her when she called fora letter from her husband. She is accusedof robbing Dr. Loewengrund of 1827 North18th street, Philadelphia, of $1,000 worth ofjewelrv. and Haroy A. Seabridge of 1634North' 13th street, of $2,000 worth or val¬uables.The detectives who arrested her said that

she declared that her husband compelledher to steal, and taught her how to rob.

TEHRANOVA GIRL'S CASE.

Paroled at New York Today.NotPull Liberty.

NEW YORK, June 12..Josephine Terra-nova, the young woman who was recentlyacquitted by a jury or the murder ot heraunt, was today paroled in the custody ofher counsel by Justice Scott. The actionwas taken at the request or Assistant Dis¬trict Attorney Ely.Although freed from confinement In the

Tombs, where she had been held a prisonerfor many months, the action of the *?ourttoday does not restore the young woman tofull liberty. She is still under indictmenton a charge of the murder of her uncle, andher counsel must produce her In court atany time upon request of the district at¬torney to stand trial for that crime. It Isnot at all certain that the case ever will becalled, however, and the girl may neverhave to answer for the death of the manwhom she charges with having abused lier.

I|| » T I 1 r V*

Given to Senator Wm. PinckneyWhyte of Maryland.

In the Senate today Senator WilliamPInkney Whyte of Maryland was named as

a member of the Senate committee on theDistrict of' Columbia, to take the placemade vacant by the death of Senator Gor¬man. Senator Whyte, with his long fa¬miliarity w\th conditions in the Districtand his well-known broad ideas as to theScope of improvement that should charac¬terize the upbuilding or the District or Co¬lumbia. is suggested as a particularly valu¬able member or that committee. His greatability as a lawyer will also be or value Inconnection with the committee work.Senator Wtiyte's acqualntarfce with the

District or Columbia goes back fartherthan that or any other senator. He re¬members the District as it was sixty yearsago and can tell interesting stories of theday's when it was known as the city ofmagnificent distances. In fact, when hefirst came to Congress the place was a lit-tie southern village, and in those days theCapitol had not yet had the north andsouth wings constructed. Senator Whytehas seen the city grow and has watchedits development wit'i pride, believing thatit should be beyond all question a modelIn municipal improvements such as willform an inspiration to all cities of the

C°Senator Whyte was also given a placeon the committees on Canadian relations,on the library, on printing and on irriga¬tion.

TO REINSTATE MIDSHIPMEN.#

Senate Passes Bill to Authorize Re¬appointment-

The President Is given authority by a billordered favorably reported today by theSenate committee on naval affaire to reap¬point euch of the midshipmen at the NavalAcademy, recently dismissed for hazing, as

may be reappointed without prejudice tothe naval service. These midshipmen are

to be assigned to the classes next below(hose of which they were members whendismissed.In the Senate Senator Hale called up and

the Senate passed the bill.Senator Scott asked for an explanation,

saying that If the youn* men were to bereinstated Congress may as well turn theacademy over to them and cease trying tocontrol them, adding that a courseon a former occasion had had a very mis¬chievous effect Ha had no Awtt that some

totoSSiai U»Urn. the offenses n

committed permuted no half-way course,but required expulsion for the ^lightest of¬fense. Since then the law had been modi¬fied so that hereafter punishment could begraded to (It the offense He said thatabout eight young men would be affected.

EFFORT TO SAVE PRISONERS.V

Futile Work at Moscow to Stay Si¬berian Exile.

MOSCOW, June 12..The inmates of theprison today barricaded the building In aneffort to save the political prisoners w .owere about to be went by stages to Siberiato undergo nine years' banishment, butafter a tight the keepers carried the ob¬structions and order was restored.

WARSAW, June 12..Governor GeneralSkallon today issued a proclamation to theeffect that university students who fa ledto pay their fees must return to the urmyand complete the usual term of militaryservice.

KUTAIS. Russia. June 12..M. Sharpkov-sky, a marshal of nobility, was waylild andmurdered by revolutionists yesterday.

KERTCH, Russia, June 12..The long¬shoremen and dredgers here have gone onstrike.

KIEV, Russia. June 12..The bakers andthe employes of several large paper fac¬tories have declaied a strike.

SLAIN BY BRITISH BULLETS.

Natives of Natal Routed by theKing's Troops.

DURBAN, Natal, June 12,-CoL Macken¬zie's column yesterday attacked the rebelnatives who had sought shelter in the bush.The latter climbed trees, whence they hail¬ed assegais on the troops, but bullets drop¬ped them out of the branches. . Over fortywere thus killed, and altogether ItiO nativeswere slain. Darkness ended the operationsof the troops, but the rout of the rebels Islegarded as practically complete.

$100,000 FIRE IN NEW YORK.

About Half of Village of Sodus De¬stroyed.

ROCHESTER, N. Y. June 12..About halfof the village of Sodus was burned today,entailing a loss estimated at more than$100,000. The post office, Charles D. Gay-lord's bank and the Sodus Alliance newspa¬per office were among the buildings d<^stroyed.Explosions of gas added to the confusion

and danger. Myers' Hospital caught fire,but was saved. Most of the buildings werewooden structures.

THE CHRISTIAN SCIENTISTS.

Immense Gathering at Boston Com¬pelled Two Meetings.

BOSTON. June 12 .So great a crowd hadassembled before the new auditorium of theMother Church of Christ. Scientist, for theannual business meeting of the believer*In the Christian Science faith today thattwo meetings, one a duplicate of the other,were arranged.Hermann S. Herring, president of the

church, presided. This is his second termin office, and in compliance with the re¬quirements of the church he will retire thisyear. The reading of repor's and the elec¬tion of officers were the principal mattersof business.

BELIEVE HE IS ALIVEFRIENDS OF W. B GURLEY IN¬VESTIGATING HIS AFFAIRS.

The family and friends of Mr. William B.Guriey, the Washington stock broker, ofwhom all trace was lost in a journey fromNantucket, Mass., to this city about amonth ago, aie, it is stated, satisfied thathe is alive an! somewhere in the west. ItIs said that he has been traced as far asChicago. It is known also that at Bos¬ton, after leaving Nantucket, he purchaseda new trunk, discarding his old one. and,packing his belongings in the new one,boarded a train, It is now stated, for thewest. From Boston he sent his family atNantucket a package of newspapers, andthis is the lafat positive tidings they havehad of him.In order to ascertain the condition of Mr.

Gurley's financial affairs, Messrs. Melvilleand De Shields Guriey, son of Mr. Guriey,acting on the advice of Mr. J. Wilton Lam¬bert, held a meeting of Mr. Gurley's clientsin the Lawrence building last night, andat the meeting information was obtainedas to the stock Mr. Guriey had been carry¬ing. His desk In his office In the Adamsbuilding was opened yesterday by his sons,and the local banks were also examined,and It can be stated positively that all thelocal stocks held by Mr. Guriey were lo¬cated. It is believed that the stocks Mr.Guriey held in New York can be easily lo¬cated also and Mr. De Shields Guriey wentto that city today to look up the matter.As far as the Inquiries have gone, there

Is no doubt that Mr. Guriey left his af¬fairs in good shape, and his sons, who havetaken charge of his business affairs, willhave no trouble in straightening them out.At the meeting helu last night, it is

stated, five of Mr. Gurley's clients werepresent, but exactly what transpired at themeeting la not known, except that the in¬formation obtained enabled Mr. Gurley'ssons to state that they had discovered prac¬tically all the stock held by Mr. Gurieyfor his local clients.

It Is believed that the developments ofthe next few days will show positively thatMr. Gurley's accounts are all correct andthat all who have business with him willbe fully secured.Mr. Guriey, It Is stated, has been unfor¬

tunate since the firm of Guriey & Johnsondiscontinued business. Several months agohe sold his seat on the local stock ex¬change for $8,000, and of late had done butlittle business, and that through otherbrokera. All his dealings were. It Is be¬lieved. fair and above b.>ard, and financialmatters. It Is thought, had but little, Ifanything, to do with his disappearance.Mr. Chas. L. Guriey, brother of the miss¬

ing man, said today that he had no definiteInformation whatever regarding his brother,and that the reason the members of thefamily believe he may still be alive 1* thatthey have had no Information of his death.He did not care to say anything regardingyesterday's meeting, and referred all per¬sons seek'ng Information on that subjectto Mr. Melville Guriey, who Is temporarilyIn charge of his father's business affairs.

Ocean Steamship Movements.NEW YORK, June 12.-Arrived: Oscar II.

from Copenhagen.NEWPORT, June 12..Steamer Bremen,

from Bremen for New York, passed Nan¬tucket light vessel at 4 a.m. today and willprobably reach her dock about 7:90 p.m.

Poured Oil on a Lighted Fire.Special Dispatch to The Star.SUFFOLK, Va., June Ml.Fannie 8te-

jhenson. a young wnaa of WtlUamatown.a Suffolk suburb, died this morning as a re¬

sult of burns. She poured oil oa a lightedfire and the subsequent can explosion en-

her in Hawass All her

hums v\ wmARE TO BE HEARD

At I. C. C. Hearing of Coal-Car¬

rying Railways.

BY FORMAL INVITATIONS

Inquiry Returned by Board in Phila¬

delphia Today.

TEE CLAIMS FOE COAL LOST

Relations of Railroads to CompaniesShown."Pennsy" Operates Ail

Cars on Noted Fier.

PHILADELPHIA. Pa.. Juno 12..Thepresidents of the big coal-carrying: rail*roads will be given an opportunity to ap¬pear before the Interstate commerce com¬

mission and make any statement they maydesire. Commissioner Cockrell said todaythat Invitations would be extended to thepresidents of the Pennsylvania, Baltimoreand Ohio, the Norfolk and Western, theChesapeake and Ohio an<f the New YorkCentral railroads to appear before the com-

mission. No subpoenas would be Issued forthe heads of theso roads, and their appear-ance will be entirely optional with the of¬ficials."You cannot condemn a man without a

hearing," said Commissioner Cockrell."i» has been the purp. se of the commis¬

sion to permit the pres.dents of the coalroads to make any statements they may de-sirt. but »e are not yet ready. We wantall the testimony we can get from the sub¬ordinates and then fhe case in its entiretywill be before the commission and the rail¬road presidents.'"

First Testimony Today.The commission resumed Its inquiry t*»day

Into the relation of the railroads to t! « coaland oil interests. The llrst witness wasRobert L. Franklin, assistant freight claimagent of the Pennsylvania railroad, whodetailed the method of Investigating claimsmade by coal companies for coal lost Intransit.Mr. Franklin was asked to furnish the

commission with eight claims, the numbersof which were furn.shed by Mr. Glisgow.He was excused in order to procure theclaims.The Berwind-Whlte Coal Company an<I

the much discussed Harsimus pier In NewYork harbor came up again when R. F.Cochran, superintendent of the pier, wascalled. Mr. Cochran was an interestingwitness and gave au Intelligent explana¬tion of the system on the pier The Ber-wlnd-WMte company, it had been testifiedby previous witnesses, has the exclusive useof Harsimus pier, which was built by thePennsylvania railroad and paid for by thecoal company.Mr. Cochran testified that a space of 120

feet on the pier Is used by the Pennsylvaniarailroad for coaling Its tugs with anthracite.This fact, he said, hundicaps the Berwind-White company, as the latter Is compelledfrequently to wait until the railroad binsare filled before the coal company canfill Its own bins.

An Important Revelation.Superintendent Cochran said It is the prac¬

tice to load coal Into barges without con¬

signment, in order to have it in readinessfor orders from vessels. The bill of ladinggiven to the barge captain is made on theweights furnished by the railroad. Anotherbill of lading is furnished to the vessel, T.J. Kelly, superlntedent of delivery.The most Important feature of Mr. Coch¬

ran's testimony was his statement that thePennsylvania railroad operates all the carson Harsimus p.er, both those belonging tothe railroad and the coal company cars. Therailroad's locorqptives are used and railroademployes operate the locomotives. Berwlnd-White Company employes are prohibitedfrom handling the cars.It Is in evidence before the commission

that the Berwind-White Company Is allowed7 cents a ton by the railroad for performingthis work."What was the Improvement made to the

pier in lsyy?" Mr. Glasgow asked the wit¬ness."It was a new addition which the Penn¬

sylvania railroad uses exclusively, with theexception of tiftv-five feet.""Ate you aware that the Berwind-Whlte

Company paid the railroad for that Im-provement?"

Paid Railway foj Work.The witness had no knowledge on that

subject. It Is in evidence that the Berwind-White Company paid to the PennsylvaniaRailroad Company the sum of HO,two forthese Improvements.Cross-examined by Attorney Heebner,

counsel for the coal company. Superintend¬ent Cochran said he did not know that theBerwind-White company made monthly set¬

tlements with the railroad for operating thecars on t'he pier. Mr. Cochran furthertestified that while' all bii.s of lading are

made on estimated weights furnished bjrthe 'railroad, the purchaser Is entitled todemand the actual weighing of the coal.Asked if he knew of any instances where

the coal was actually weighed. Mr. Coch-ra.n said the fuel furnished to the 96thstreet and the 110th street power housesof the New York City railway Is alwaysweighed.Gilbert A. Williams, assistant to Superin¬

tendent T. J. Kelly, was asked as to thsmanner In which the bills for coal to ves¬

sels are made out. He said they are basedon the estimates made by George Johnson,superintendent of towboats, and the steam¬ship agents."Who makes out the bills?" asked Mr.

Giasfow.Protest Against Examination.

Attorney Heebner here made a vigorousprotest against "this line of examination."He wanted to know what was to be gainedby it. The shipper and the consignee, hesaid, were satisfied with the method ofrendering the bills."The lierwiivd-White and the steamship

representatives estimate the weight of thecoal," Mr. Heebner continued. "And tbe billsare rendered on their guess. There la theuncertain element of a portion of the coalremaining in the barge when It Is not ailtaken by the vessel. But we don't tallythe number of tubs taken from each bargewhen a number of them are loading a ves¬

sel wtth fuel. We take the total numberof tubs dumped into the steamship."Then how do you apply the residue?"

asked Commissioner Cockrell."We don't apply It," rejoined Mr. Heeb¬

ner. "Shipper and buyer seem to be sat¬isfied, and that is all there Is to 't.""Well, that's a proposition, and I would

like to bear It explained,'' said Mr. Cock¬rell. .

. "I don't know how you are going to Andout." responded the lawyer,"Well, we will stagger along come war."

interjectad Commiss oner Clements. "irrow method Is such that we cannot Isarnwhat we want to know, we wHl have to dowithout the information."