29 Mayıs 1906 Tarihli New York Tribune Gazetesi Sayfa 3

29 Mayıs 1906 Tarihli New York Tribune Gazetesi Sayfa 3
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\d rACKKHS APPEAR. I/.,}- ißi\l)O\ FIGHT. Conferences on Beef Inspection at White llou*c and Capitol. JF^niti "Hie Tribune Pnreau.l \rßshlnpton. May 2S.— More beef inspection cor.frrcr.ces were held at the White House to day but none of the packers who were expected to 2j"P ear and oppose the measure arrived at t})f President's office, and. so far as known. YO n? reached town at all. It is assumed by t », f friends of the Beveridge amendment, there for*, that th<> parking interests have decided tf rnnke the b^st of th. situation, and will aban don the hopeless fight against the Inevitable -getage of the measure which place* the stock ri -ds and slaughter houues under government W. E. Skinner, manager of the rr.ion Stockyards, and the moving spirit In the Internal' Livestock Exposition, who left grjsbtafton late last creek to hold a conference ,ri'J> the packers in Chicago and promised to yfOtr. to the capital to-day to make known rip programme of opponents of the legislation. £d not arrive, and it is believed will not at tsTjl to place any obstacles in the way of ihe •jeasure'p ra* e - ■The President this morning had short talks tbout the Mil with Senator Carter, Labor Com missioner C P. Neill and Senator Beveridge. jjr. SeilL in company with Junes B. Reynolds. of New York, investigated the sanitary condi tion of the stockyards and packing houses for ♦he Prefldent ar.d found a state of affairs which. If pgl ir.-.o public print, would. It Is said, start i refo!utior That would gro far toward convert ing Americans into a nation of vegetarians. "It the beef interests do not kill the amend nwrx" said Senator Carter after his talk -with the resident. "It is not at all likely that the president will ever make the Nelll-Reynolds re por. public. la fact, as I understand it, there ii no report at dL These gentlemen -went to Chicago and made a very thorough Investiga tion of the stock yards. What they found vculd raake very interesting reading, and if It becomes necessary they can reduce their con clusions to writing. They told the President eaoush to convince him that the conditions are just about as bad as they can be, and If the EWfl arif-s they ■will prepare the matter for tra.TsKr.tf*' 1 >?! '<■ Congress. The packers, how ever, would not be the only persons injured by the sap Ti^ere are the stockmen, who raise the cattle, and the hundreds of thousands of Ttzl meat dealers throughout the country whose business would be seriously crippled If there v£f! a great falling off in the purchasing of meat. If the conditions can be bettered without tfcf publication of that re;«rt, therefore, the prnsiaest is willing, for the sake of the Innocent, to withhold It. The packers have asked for ricre tirse la which to consider the matter. At present the only thing they appear to object to In the bill li Ifea provision for the payment cf th'? Inspection ■L Under the art this falls upon the packers. They believe Congress should appropriate the money for that cost." Senator Bereridge, -who talked -with the Preel cect after Senator Carter, said that in his opinion the Senate- and House conferrees would ptss the act in Ha present form. "I hope they ■3 sake no radical change In It," he Bald, "for It represents months of hard work and the ma ture thought of the very best authorities on the eub>ct- I do not see how It can well be Im proved. If the provision relating to the tax for the inspection Is changed I am afraid that the tMptctlan will not be done as wel!. for Congress ■would be likely to scale down the amount SMisils it usually dors when asked for money. aid tbe force that could be employed would be WBB&.V. Under the act as drawn the cost will bt only 5 cents a head for cattle and 3 cents tor — not at appreciable amount when di» inhutM among the pounds of meat in a carcass. Borne people object to the tax and say that If th© packers are railed on to pay the extra amount Th«-y will in turn make the consumers pay It by raising the price of rr.eat. Well, if Congress parses an appropriation bill for the needed trroLnt, wouldn't it come out of the consumers* pockets anyway?" THE SENTIMENT EM CONGRESS. The BfVPridfre B«-f Inspection amendment to the AsTiouituraJ Appropriation bill was th« chief topic of discussion at the Capitol to-day. There 1* intense opposition to the measure, and yet it» <'ITonents are afraid to come out into the open. They appr*-Hate that the President Is master of thf situation and -hat be ha? in his possession a report on the parking industry which, If ma'i» public, would result in untold loss to that ar.d all allied industries. Under these circum tlanf-es the opposition is begging for time and neanwtaUe is s*v=-k!r!g to "barkflre." to uf>e a Western expression, by exritinp the apprehen fion and antagonism of the livestock raisers throughout the country. Th*y are "'pa-ssinp the »'"rd" that the cost of Inspection will Dame out cf th* livestock producers and will b* deduct <d Jrcm the price of their stock, and as the raisers baye already suffered severely at the hands of the pa< i^rs it is not difficult to alarm them with th< ;ros;»-et of another "fee." which, however ett.d:!. they regard a* certain to fee made the basis ..f «x!ortionate deductions from the prWs they r~.-Hve Tor their stock. How well this ruse «UJ work It is impossible to judco. although there are already some evidences of large 'took nusers having: become excited at the prospect of what they consider a new excuse for "pouging" am. E\en R*-pr»-seniatj\> Wadsworth. of New *orlc chairman of the Commits on Agriculture. 54 tPPOMd to The feature of the Beveridge "Mr* PwMpk that the cost of in rw! J, \ l '" l ' bi<i hy ln * Packer*. coaM r a' rdmar >' <"»rrumstimc»*. the President tint. \- w " Uld promptly annihilate all opposl p"v, ,\ aaJ OOg public tht- report of Messrs. -j.ioia? fi nd Nejll. but the existing circum *„ '""" arv - unusual. The publication of this St? uouid inevitably retmlt in a serious falling ton \ *" xr>ort trade in meat products. It ha* ■SLf* 611 a favor ite rose of the*" who would !/i"* Protection for domestic stock, in Germany 2SL x J ' ritain especially, to plead the un ■trutiry <hii farter of American meats as an , : •?**' ' nr ' rn P° ■>:: '? regulations calculated to JPj** 1 TT * J< * trade and In borne instances to de~ ■j^oy It Jt was to meet this unfair treatment wt Secretary Rusk, in President Harrison's *-nilr.!«trati<.n. devised the »-jti.-.tlngr system of "ycPon of meats intended for export. That 2***- ' '"•• Ft rv«-d Its purpose and has rendered •JKUt the efforts to treat American meats abroad 5? l F sr " Bet If the report of Me**™. Reynolds •^ ?-■»:'! im rr.ado public It will be an ea*y mat- J* tt. excite public apprehension again against •*T«-at products of this country, for while the ***•■ They found to «-xist pertained only to JjJfclCti coins Into the domestic trade, It will be *-T.j*:j that urider conditions such as they de ■o|fc« it mum be impowlble to prepare, hygienic *!** products for the foreign trade. The President and the friend* of th« Beve-ridge t9^s<!r;;«-nt stand prepared to make public this r *»* f) n. and if It is sent to Congress it will be f^^ttpb:.;. ■- by a drastic measage from the Ex **-Uve. but they hope the packers wUJ not *•*!»■: them to retort to a step which of Itself *ouia ieoessarily work, temporarily at least. Pure, Healthful, Refreshing Apollinaris " The Queen of Table Waters " W. H. MAXWELL. New York City Superintendent of Schools. Presiding officer. Carnegie Hall. great injury to every industry connected with the growth and preparation of meats. It was asserted to-day that the conferrees on the Agricultural bill would not meet for several days, and it is assumed that in the mean time the packing interests will decide whether to fig-ht and take the consequences, or to accept the Bererldge amendment as it stands and make the best of it. TO PUNISH LYSCHERS. Government Acts Against Slayers of Clwttanooga Negro. Washington, May 2R. — The government has taken steps to punish the persons who are re sponsible for the lynching in Chattanooga, Term.. on March 19 last of the negro, Ed. Johnson, to •whom, when under sentence of death, an appeal •was gTantwl by the United States Supreme Court from tho decision of the Circuit Court for the Eastern District of Tennessee. In the Supreme Court to»day Attorney General Moody filed an Information requesting- that, in consideration of the acts committed by the parties named, It isKuf- a rule on each of them to sho-vv cause why they should not be punished for contempt of court. The court granted leave to file as re quested, making; the rule returnable on the sec ond Monday of the next term of court, October 15. The persons named ap defendants are John F. BhtpT*. Frank Jones. Matthew Galloway. C. A. Baker. T. B. Taylor, Fred Frauley, George Brown. Jeremiah Gibson, Marion Perkins. Joseph Clark. Nick Nolan. '•Shot-ni^' Warmr, Luther Williams, Paul Pool, William Marquette, William Be*»Jer. Claude Powell. Charles J. Powell, "Bart" Justice, John Jones, A. J. Cart wright. R. F. Cartwright, Henry Padgett, Will iam May, Frank Ward. John Varnell and Alfred Hammond. After reciting the facts of the arrest, convic tfon and sentence <>f Johnson and the denial of his application for a writ of hai>eas corpus by the Circuit Court, the Attorney General said that the Sheriff and his deputies had every rea son to believe from current reports that an at tempt would be made to lynch Johnson, and that, notwithstanding these facts, the Sheriff withdrew from the jail early in the evening of the 39th the usual guard, and left In charge only the night Jailer, Deputy Sheriff Gibson. It was also said that about 1> o'clock of that night the defendants and a large number of other persons combined and conspired together to lynch and murder Johnson, with intent to show their con tempt and disregard for the order of the court, and for the purpose of preventing it from hear ing the appeal allowed by the court, and pre venting the prisoner from exercising a right se curwl to him by the laws and Constitution of the Vniied States. The facts attending the lynching are given in the information, and the statement '.s made that although Sheriff Bhipp returned to the Jail while it was In possession of a mob neither he nor Gibso: did anything to prevent the lynohing. but in Cm* aided those engaged in it. The Attor ney general closed as follows: Wherefore: the United States of America, the •s herein, through their Attorney General. r.*peetfully request this honorable that in consideration of the acts commit ted by the above named defendants and each of - hereinbefore s«t forth, it will issue and the marshal of this court to serve upon -fendants and each of them a rule to ause if any there be. op. a day certain lid defendants and each of them should j.untshed as and for a contempt of this ).o:...rdble .ourt. Chattanooga. Term., May 28.— action of the Attorney General of the United States came as a surprise here, the local grand Jury having failed to find an indictment against the lynch era of Johnson, although strongly charged by Judge Me Reynold* It is supposed that the evidence was insufficient to make out a case against any suspected person. Ten of the men named by the Attorney General axe officials, the Sheriff and his deputies. The others an not widely known. Birmingham, Ala.. May 2S— John F. Shlpp. of Chattanooga. Sheriff of Hamilton County, Tennes see spe*rt to-day In Birmingham. He said he was not alarmed over the news from Washington. "The Supreme Court of the United States." he said, "was responsible for this lynching. I had given that negro every protection that I could. For fourteen days I had guarded and protecu-d him myself The authorities had urged me to use one or two military companies in doinp so. but I told them that 1 would land th.- negro la jail, which I did Individually. Many nights before the lynching there, had been one man on duty, a sufficient guard around the. jail. 1 had looked for no trouble that night, and. on the contrary, did not look for it until the next day. That night no one was on duty ex cept the jailer, who la the usual guard at the jail In our county, as well as in other counties. In my opinion that act of the Supreme Court of the United States in not allowing the case to remain In our courts was the most unfortunate thing in th« history of Tennessee. I waa determined that the care should bo put In the hands of the law. as It was. Th* Jury that tried the negro Johnson was as good an ever sat in a Jury box. Th» people of Hamilton County were, willing to let the law take its course until it became known that the ca«e would probably not be disposed of for four or five years by the Supreme Court of the United States. The people would not submit to this, and I do not wntvW at It- Tti*«Be proo^«yJlns-« in the United fit nt— Supreme Court recently appear to me to be only a matter of politics. I do not wish to appear in the light of defying the United States court*, but I did my duty and I am ready for any conditions that may com* up." XEW-YOKK DAILY TRIBUNE. TUESDAY. MAY 2ft imi MEN WHO WILL BE TKOMINKNT IN MEMORIAL DAY PROC KKDINCS. OOLONEXi GEORGE A. DREW, Grand Marshal. CANAL DAY IN SENATE Purchase of Supplies Discussed — Mr. Kittredge for Sea Level Plan. Washington, May 2S.— Senate to-day sent the Railroad Rate bill to conference, listened to a long defence by Senator Kittredge of a sea level canal and three Democratic speeches on the resolution relating to the purchase of canal supplies in foreign markets, and devoted the remainder of the time to the Postofflce Appropriation bill. Consideration of the Panama supply resolution was interfered with by the canal type bill, which was laid before the Senate at 2 o'clock as the un finished business. Senator Kittredge's speech was the first on this subject, and was listened to with great interest. The supply resolution was called up by Senator Hal*. Senator Rayner, of Maryland, opposed it. He Bald that the Maryland Steel Company, a con cern in his state, was one of the beneficiaries of the resolution, as It was the lowest bidder in this coun try for the two steel dredges the Canal Commission is seeking to buy. He added: The Maryland Steel Company Is a great industry, employing many mechanics and workmen in the prosecution of its business, and we are all In the city and state, deeply interested in its success and prosperity. I am inclined to think that upon the ground set forth this company should have been awarded the contract. I believe that upon the merits it is entitled to this contract, and fhat upon a careful calculation it will be found that the cost to the government would ultimately have been less if the offer of this company had been accepted If these sea going dredges are built in a foreign coun try, it will not be permissible under the law to use them in the waters of the United States. If this resolution passes the contract for the dredges will be awarded to the Maryland Steel Company, as it is conceded to be the lowest American bidder I cannot, however, vote for the resolution. I can not change the principles in which I believe, and for which I have contended during the whole of my public career, for the purpose of securing a con tract for an enterprise in my state, or because it confers a benefit upon its citizens. I have ulwavs advocated the doctrine that the people of this coun try have the right to purchase every article of con sumption in the cheapest and most desirable mar ket of the world, and I must apply to the govern ment the same rule that I apply to its citizens It is Impossible for me to shape my political principles or policies according to two different standards and to advocate for the advantage of my own state a governmental principle Inconsistent with the prin ciple that I contend for in every other state of the I nion. The bond between the protected beneficiaries and the treasury of the United States should be broken The contract between them should ling since have expired by limitation. This Is a renewal in a new form of this unholy combination. It announce* the doctrine that the government of the United States has the right to take the. hard earned savings of the people collected by taxation and still further enrich its protected favorites. It is an attack upon the rights of the people, for the benefit of their Unanctal oppressors. It is in . the interest of the American Protective Tariff League, which, notwith standing the respectable membership that com poses If. represents every monopoly upon the Amer ican continent that Is plundering the homes of the American people. Senator Morgan discussed laws put in force by the President for the government of the canal zone, which he declared to be an abuse of power. No member of Congress would dare to Introduce such laws, he said. He mentioned as an Instance the provision permitting the Governor to banish un desirable persons. This law. he paid, was abso lutely necessary to good government, and the canal zone could not be controlled without it. Yet, he said, the President had exceeded his au thority. He said that two years' experience had developed the fact that the canal never can be built under existing laws. The affairs of the. rone, he Bald, had l*en placed In the hands of men who have no boundaries of power. Senator Mallory offered an amendment to the resolution to strike, out the word extortionate, so that goods could be. purchased abroad If American prices were unreasonable. Senator Stone favored the amendment, and spoke In opposition to the resolution. Senator Morgan offered an amendment making the canal zone a military reservation, and provid ing that all the income of the zone should be set apart for the benefit of the zone, to be administered for that purriose, without having to be. covered into the treasury of the United States. This amendment provides for the payment of a duty or 10 per cent ad valorem on all goods imported into th* canal zone from territory not controlled by the United States. Senator Gallinger offered an amendment provid ing that all goods for the canal zone shall be car ried In American ships wherever that is possible The resolution went over until to-morrow The wall* of the Senate Chamber were hung with maps of the various types of canal when Senator Kittredge opened the debate on this subject He entered upon a technical discussion of the sea level plan. He said the only engineering problems to l>e met in th. elan are the dam to be. built .. Gam boa and the pro,x>sed tidal lock on the Pacific Bide Senator linger asked if the great Gatuti dam for the lock -a. would be founded on mud •Absolutely a fact." replied Senator Kittredge Senator Hopkins denied this, saying that the dam would be built on rock except for two points and Senator Kittredge read from the letter of \v Henry Hunter, chief engineer of the Manchester Ship Oinal. in support of his statement. Quoting a number of the American engineers ami members of the canal commission ;is having de clared previous •■■ their recent report that the G tun dam was not feasible. Senator Klttredpe was in terrupted by Senator r>ryden. who Bald: ■1 suppose that after a thorough investigation they have changed their minds and decided the dam can be built th^re." •'Th« dam can be built there." said Senator Kit red»:e. "The question Is how lon* will it stay?" "What would happen If the Gatun dam were pwejit away?' asked Senator Bacon "The canal would be ruined, for thai dam if the key to the Integrity of the entire lock project," replied Senator Klttredjce.. Senator Dryden contended that the same might be said Of the Gamboa dam. proposed by the ma jority for a Hea level canal. "It cannot so h-- said " declared Senator Ki' tre.i)^- "If that dam, built on rock as it is to be. should go out. which I* impossible, nothing would be Injured except the dam Itself." Mr. Kittredge said that the time of passage of a ship through the lock canal is much greater than through the sea level --anal Senator Bacon showed from statements made that the sea level canal could he deepened much easier than could the lock type. The Canal bill was then laid aside for the day. MODIFY IMMUNITY LAW. Senate Committee He ports Mr. Knot's Bill Favorably. "Washington. May The Knot Immunity bill was reported favorably by the Senate Committee on the Judiciary to-day. Rome minor amendments were made. As reported the bill provides that under the immunity provisions In the act. entitled "An act in relation to testimony before the Inter state Commerce Commission." approved February 11. IBM; In Section 6 of the act entitled "An act to establish the .Department of Commerce and LAbor," approved. February 14, I*6: in the act entitled "An art to further regulate oommerce with foreign na tions and among th« states," approved February 19, \VC, and In the act entitled "An act making ap propriation for the legislative, executive and Judicial expense* of the government for the fiscal year end- Ing June 30. I>>4, and for other purposes." approved February 25. IM3. immunity shall extend only to a person who. in obedience to a subpoena, gives testi mony under oath or produces evidence* doou- SMUitary cr otherwise, under oath. LIEUTENANT GENERAL ADNA R. CHAFFEE. Reviewing officer. DUTIES IN PHILIPPINES Supreme Court Again Decides Against the Government. Washington. May — The Supreme Court of the United States reiterated to-day its decision of last term In the Philippine tariff cases of Warner. Barnes & Co. and Frederic W. Lincoln, involving the validity of tariff collections in the Philippine Islands under the executive order of 1898. The opinion was delivered by Chief Jus

tice Fuller. The cases involved the right to col lect a duty on imports into the Philippine Isl ands from the United States between April 11. 1*99. the date of the ratification of the treaty of peace with Spain, and October 25. 1901. when Congress passed an act providing a civil govern ment for the Philippines. The collections were made under the executive order of July 12, IS9S. authorizing the levy of tariff duties as a military contribution. The sum involved is about $4,000,000, all of which ha? been paid. The Court of Claims sustained the action of the ex ecutive department on the ground that the cus toms service was properly administered under the executive order during the insurrection of the Filipinos. The Supreme Court reversed that finding in its decision in the last term, but granted a rehearing for the present term in re sponse to the urgent solicitation of the govern ment on the one point as to whether Congress by its action ratified the collection of duties under the executive order. On account of his previous official connection with the Philippines. Secretary Taft has taken an active part in th« presentation of the government's side of the controversy. None of the money collected was ever covered into the United States Treasury, but was used in the administration of Philippine affairs. In his opinion. Chief Justice Fuller said: I &£2 were collef% ted under the order of July 1-. INUS. as a military contribution, while the war with Spain was in progress. The treaty was signed December 10. ISS>B. and the President issued an order on December 21 proclaiming the sovereignty of the United States in the islands and directing duties and taxes to be collected in future as public revenues for the support of the government. When the treaty was ratified the applicable laws of the United States became operative, but the President nev ertheless continued in force the tariff created by the order of July 12, 1898. and by an order of April 21. 1800. established a collection dis trict, and under these orders collections of duties were made. This Involves the question whether, after April 11. 1899. the President could have enforced any tariff other than such as existed under acts of Congress or might be sanctioned by Congress. And that question was put at rest by the ratification. Notwithstanding the able argument of the Attorney General, we adhere to the conclusion previously announced. Justices White and McKenna dissented. The former had assented to the decision against the government when the case was formerly before the court, but he said to-day that in doing so he had erred. FRANCHISE TAX UPHELD. Xew York State Wins Suit Against Central Railroad. Washington. May 2&— The rase of the New York Central Railroad Company apt. N. L. Mil ler. Controller of the State of New York, involv ing the New York State law imp. .sing a fran chise tax on railroad property in that state, was decided by the Supreme Court to-day favorably to the state, the opinion being delivered by Jus tice Holmes. The case covered the taxes for 1000. 1001. nx»2. "{'.»<> nn<i l'.»<>4, and the amount involved was (589.37& The law, which was enacted in 1886, provides for a tax on the franchises of rail roads on the capita! stock at the rate .-.f one and one-half mills on the dollar in proportion to the equipment employed in the state of New York. The tax authorities of the state levied the tax on all the rolling stork of the company, on the theory that none of It is continuously employed outside that state. Tne railroad people contend ed that on an average not to exceed two-thirds of the filling stock is engape'l within the bor ders of the suite- The law was attacked as re pugnant to the constitution in that it violates the commerce clause; that it is an impairment of contracts; that it deprives of privat-- prop erty without due process of law: and that ir is a denial of the equal protection of the law. The de< Ision turned «.n the question of the pi neni situs of the cars, anr* the court held that to i"- in New York regaidless of their absence much of the time. In his opinion Justice Holmes said: « 'f course, U the statute Is construed as valid under the constitution, we are bound by the construction given in it bj the state court In this cms.- we are to assume that th- statute purports and Intends to ;ii!'.« m> deduction from the capita! stock taken as the bads for the lax unless some specific portion of the corporate property is outside of the state daring the whole tax year We must as* furl of the corporate property In qoestkw was out side the star- during the whole tai ■• • The proposition really w i dence that was offered had no tendency v- prove the rontrarj For. aa was saM bj a witness th»- reports show only thai the cars made so miles, and it might b.- ten and it might be fifty cars thai ' ' v »o inf-r whatever could be drawn thai the same cars were absent from th* state all the Hi After considering some of the argv •- ■- ma<!e in hehalf of the railr.-ni be said: We ar« n-'t curious t'> in.|ui" exa tly what kind of a tax this is to be called li sustained t>v the name rtren t'' it by tf:e lo al courts i: must be sustained by us. It is called a franchise t;>x In th.- act, but it is a franchts. tav measun <\ by property. JUSTICE BROWN'S RETIEEMXNT Official Announcement Made Before Ad journment of Supreme Court. Washington, May 28.— Official announcement of the retirement of Justice Brown from the Supreme Court of the United States was made to-day by chief Justice Fuller before adjournment for the term In making the statement he gave out the correspondence between th« retiring Justice ana the court In which the et»(ht colleagues of Justice Brown expressed their high appreciation of him. Justice Brown rolled la nttlntf term* to th« m*m WASHINGTON GARDNER. M. C, Michigan. Orator at Carnegie Hall. bers of the court, thanking them for their expres sions of grod will. ~il % term of court, which began last October. closed to-day, all the cases undisposed of being continued as usual. The next term will begin on DATE OF CUBAN RECIPROCITY. Supreme Court Holds Treaty Went Into Ef fect December 27. 1903. Washington. May 2S. — In the Supreme Court of the United States to-day Justice McKenna handed down a decision in the cases of the United States asrt. the American Sugar Refining Company and th* Franklin Sugar Reflnin* Company agrt. the United States, holding that the reciprocity treaty between the United States and Cuba went into ef fect December 27. 1903. Both cases grew out of sugar importations and dealt with the amendment made by the Senate pro viding that the treaty should not go into effect until approved. That approval did not occur until De cember 17. 1903, and the law went into effect ten days later. Ratifications were exchanged, however. between the two countries on March 31. 1903. and the importations involved in the case were made in July, August and September of that year. Assert ing that the treaty was rendered effective by rati fication, regardless of the requirement that the treaty should first be approved by Congress, the importers resisted the demand of the government for full duty. They allege that they were entitled to the 20 j><"- cent discount allowed by the treaty, and the Cm-oil Court for the Southern District of »w York sustained that contention. To-day's de cision, however, reversed the Circuit Court and upheld th«> appraisers. In the other case the Im portations were made through the Custom House at Philadelphia, and the question of Una] liquida tion arose. It was contended, on .behalf at the sugar company, that ther-» was no liquidation until after the convention was In effect, and, therefore it was required to be made in accordance with the tariff act then in force, the date of the treaty's operation being unimportant. The court refused to accept this view. SOUTHERN RAILWAY WINS. State Railroad Commissions Cannot Inter fere with Interstate Commerce. Washington. May 28.-The Supreme Court of the. Unit-i States to-day decided the case of the North Carolina Railroad Commission agt. tha South ern. Railway Company in favor of the railroad company. The caae involved the right of a state to compel a railroad company to plan ita cars on tracks designated by the state authorities for the benefit of Individual shippers. It was Instituted by the commission against the railroad because of the refusal of the latter to obey an order directing that coal cars be placed on a certain switch at Greensboro. N. C. The company expressed its willingness to piaee the cars on other switches, but pleaded Inability to comply with th* demand as to the particular switch. The railroad company attacked the law as unconstitutional on the ground that it involved an Interference with interstate commerce, and the Circuit Court sustained this position. That decision was affirmed by to-day's opinion, which was delivered by Justice White. The Justice said that state railroad commissioners have authority reasonably to resrulate the delivery of freight within the state, but not to the extent of Imposing a burden on commerce between the states, as was the case In this instance. RATE COXFERREES MEET. Most of the Senate Amendments Likely To Be Adopted. [From Tb» Tribuna Bureau. 1 Washington, May 2R. — The Senate to-day ap pointed Messrs. Elkins, Cullom and Tillman con ferrees on the Railroad Rate bill, and they met with the House confe-rrees, Messrs. Hepburn, Sherman and Richardson, at 3 o'clock this after noon. The conferrees read about eight pages of the bill, but it was said no agreement on any amendment was reached. It is generally expected, however, that the House will concede most of the amendments made by the Senate. The McCumber amend ment, changing "regularly" to '•lawfully," will be rejected, and it is possible that the words "in its judgment" will be restored, but no other important changes are expected, although it is possible that some material change in the El kins amendment forbidding railroads to trans port commodities which they produce or manu facture, other than lumber, will be modified. Senator Bailey made a brief speech to-day, op posing the exception made In favor of lumber and its products. The House conferrees were asked to present any objections they had to the "wisdom of the Senate" in amending the House bill "We com mend to you." said one of the Senators, "as a piece of our monumental folly the anti-pass amendment, but you may do as you will with it." The conferrees will meet again co-morrow at 10 "'. lock, and will continue to meet until some agreement is reached. URGES RATE BILL AMENDMENTS. The Merchants' Association yesterday sent a tele gram to the Senate and House conference commit tees on the Railroad Ha'- bill and to the New York City delegation in Congress, urging the adop tion of the Senate amendments to the bill making express aniJ sleeping car companies common car rier? <tnd prohibiting common carriers from limit ing their liability to bills of lading. NEW FEDERAL JTTDGESHIP HERE. Bill Signed by — Candidates for the Place. JFrom Th* TlHwsBU Bur«»au. ] Washincton. May ML— President Roosevelt signed the bill creating an additional judge Jr. the Southern Judicial District of New York to-day, but it was announced at the White House that the new Judsje will Sol be appointed for several days. The Presi dent is rtelused with letters and telegram* from friends an-i supporters of candidates. A larse numr>er nf lawyers in the stale would like the place. but the li«t of likely ones is comparatively small. Those who ;ire believed to stand the best chance of appointment are Thomas 1 <"hatnel,l. Assistant United States Attorney for the Eastern District, and Charles M Hough, of New York. Each is strongly Supported, and is believed to be well qual ified for the bench. A technical objection which may operate against Mr. Chatfleld Is the fact that 1 c does not at present live within the district, but this may be overcome. Regarding Robert C. Morrises candidacy. Sen ator Plait made the following statement* this rvening: During the last forty-eight hours the name of Robert C. Morris has been mentioned In several newspapers in connection with the new federal jud£ship for the Southern District of New York. and the statement has been made that he Is a candidate for this position. The suggestion of Mr Morris's name for this judsrship was made by me to the President without consultation with Mr. Morris, and was purely an outsrr r wrh of my high regard for htm personally and professionally. I believe him to 1 1- equipped both temperamentally and technically for this office. He ha» not sought the appointment, but I have placed his name oe fam Uu President for Ll» kinrtly oonaiJarittiaa. GENERAL, GEORGE B. LOUD. Chairman Grand Army of the Republic. MEMORIAL DAY PARADE Cher o<~>, M ■ V ' I To Be Line To-morrow. More than fifty thousand men will be m Isse) ta the Memorial Day parade to-morrow. The observ ance of the day will begin practically at day break and continue until nearly midnight. Many churches will have special services, but the chief feature of the day will be the parade, followed by the decoration of graves !n the cemeteries of Man hattan and Brooklyn and of the statues of Wash ington. Lafayette. Sherman. Farragut. 3eward and Lincoln. The «rand marshal of the parade. Colonel George A Drew, and Us staff, will assemble at the Hotel Regent. Broadway and 70th street, to receive head quarters colors. They will then proceed to the grand marshal's headquarters, a: Broadway and 63d street, where they will h^a-J the Grand Army column. The veterans and escorting troop*, in nine di visions, will for: their lines alons 633. *Uh. «sth and 6oth streets. The Old Guard, with General Johr; T. Cutting in command, will be the special escon of Lieutenant Genera! Chaffee. th* reviewing officer The Veteran Corps of Artillery and the Military Society of the War of 1&12. the Rev. Dr. Morgan Dix. commander, will be the special guard of honor at the reviewing stands, which will be at BSJS Sol diers and Sailors' Monument. Riverside Drive and SSth street. Beside* the members of the Grand Army of the Republic, there will be in line, under Colonel L* C. Allen, a force of United States regulars, conslrtlns of two companies of the 12th Infantry, one at the 4th Infantry and five, si >oa*t artillery; a force of marines, six companies of bluejackets, and regi ments of the National Guard. The line of inarch will be along Broadway to 86th street, to Riverside Drive and to 92d street, where the parade win be dismissed. The programme for the memorial exercise*, which will follow immediately after the parade, Is as follows: Introduction. Hymn. "Nwir«r. Mr God. to TtM." ruptln of High School at Cmmn«rp«. D* Will Clinton HUh School. Morris High School and Stujr»««ant Hmh EVhcol. undar th» <Ur«o tion of Mr. Albert St Cornell. eix*ctor at music public schools Manhaltan sad Tb* Bronx. Prayer, by th* Rev a. T. WlIU*. Hymn, "l^rad. Kindly Unfit." by the vm>oa at fcl«B schools. Address, by i>»n*ral Gecrgs B. Load, chairman at tb» Memorial Cocnmltt«e. •'America." by pupUa of ht*h schools. Tap«. by Commander Edward ntßß»rsld. busier. B«™*<ncf.on. by th» a*v. B. T. Willis. In the evening services will be held tn. Carnegls Hall. NEW PUBLICITY BILL. House Committee Orders Faoorable Report on Games Measure. :H"r.<n Th» Tribune Bnraaa.l .'. „; Washington. May After being sharply criti cised in the House for failure to report a campaign publicity measure out of the mass of bills of this character introduced at the present session, the House Committee on the Election of, President. Vice-Presfdent and Representatives In Congress authorized to-day a report on a bill framed by the chairman of the committee. Representative Canines. of West Virginia. Mr. Games drew the bill after the Belmont measure and others had been rejected and the question of federal legislation tor pub licity in election expenditures had been thrashed out in the committee at great length. Before agree ment on the bill was reached to-day the discussion indicated that a majority of the members of the committee are doubtful as to the constitutionality of the measure, and several of them declared they had little hope of getting the House to consider It. although they desired to report it as an evidence at their advocacy of legislation of this character. Mr. Galnes'9 bill is more sweeping than other campaign publicity measures which have been con sidered. In view of the chairman of the committee a stringent and far reaching national law would have to be enacted if publicity in campaign elec tions 13 to be effected at all. For this reason he includes under the terms of his bill publicity, not only for the campaign expenses of Congressmen and Presidential Electors, but also of candidates for any ofilce voted for at the same rime as Repre sentatives or Delegates In Congress. This it is believed, would Include county officers. Including sheriffs, etc.. and raises a serious question of con stitutionality. The bill aim* to effect publicity sim ply by requiring that all contributions, payments, loans, advance*, deposits or promises of money made by any person, firm, association or corpora tion tor the purpose of influencing the election or defeat of a candidate shall be made to a chairman, treasurer or member of a political committee, or to an agent duly authorized in writing by such a com mittee to receive such contributions, and that trie Treasurers of these committees shall certify the contribution to th« clerk of the United States Court for the district wherein the treasurer or agent of the committee lives. These certificates, the bill pro vides, shall be a part of the public record of the clerk office. A minority report on the bill will be presented by Representative Hardwlck. of Georgia. With ad journment close at hand It is practically certain that the bill will receive no further consideration at this session. PUBLIC SERVICE TAXES District of Columbia Corporations Fighting the Hansbrough Bill. [FVsn> Tt» Trtbun» Bureau. 1 Washington. May 28^The Mil reported* trom the Senate Committee on the District of »Cbtumbia by Senator Hansbrough, providing: for an Increase in taxett paid by the public service corposailone of the District of Columbia, has excited, the deepest In terest in corporation circles here. On the port of public utility people 1c is said that- the bCI pne lcally confiscates their paopqetj. and thai It will drive them Into the hands of a receiver. Against this assertion is the ctmteaXloo. of Samunr Eanj brough. whose work for the people, of tie District. as, opposed to the publla sernlue corporations, is widely appreciated here, that racer the MO as proposed by him the public utility people cannot be obliged to pay any higher rate of taxation »>.... t» being paid by the private citizen. *^ The general rate of taxation In the JXstrtct nt Columbia Is IV, per cent on twS-thJh^fi^iia-s^ valuation. In other words, tixo private •■»*. who has progeny worth 150,000 pars 1U per cc- * on J2D.000. The street railway wrporai^nj "y" under existing law. 4 per cent on their^*a re ' celpts. which last year were UttlVMO. They siii raid a police tax which amounted t0»3a.20f hSt the lat^taT*' 8 PTOP °~ to «"^thia 3 The taxation section of Mr. HanSb*ousrh'« Kin provides for the payment. fnadtnHontothe 4 55 gAS? receipts, of a taToM2 Mrc4^n 11^ 9 - Thls - Pleated ea o£te> r bS.£?i of 19*5. would result in the payment c? itax byth* S^ ra tnT^oun?^2 V^ 000 ' Ther- is s proviso in the bill which atvea the companies the option or paying H» per^enLM> *ht same rate the private cftlien p«w . orTaS ama£ meat based on an appraisement to be made bTth^ i.r- per District officials. 3o that th«^nt^ln-^ if It finds that the new rat* radicated up^n^. re— and net earnings exceed* 14 permit can pay the latter rate instead a It is asserted by the friends of the bill that th« rate of taxation in the District of Columbia Is lower than In any other K part ° the United States and that there should be no objection on the Dart of The corporations to paying 14 r>*r cent on a far appraisement, and that, if the bill becomes a law U would be Improbable that th- property •* tv District corporations would pass into the hards o* a receiver or be confiscated. nanoa ** TO ACCEPT J. W. GATXSS OFFEK. Bill to Make Port Arthur a Port of Eatn Favorably Reported. Washington. May S.-The House Cmmlttee en Way? and Means tr>-da.v settled the l.pj; pen.Knj controversy between Port Arthur anil Siibine Pas.^ Tex., in their U*>»irr to become a port of entry. i:I favor of Port Arthur. A bill was authorized favor ably reported which accepts the offer of J.-hn W. Gates, made on behalf of the Kansas City Southern Railway, and gives to the United States the tide water canal at I'urt Arthur, said to have cost SUMMXA The bill authorises the Secretary of War to acquire title to this property, and alia to ac quire from the State of Texas the control of th* waters of the port. With these acquisitions accom plished. Port Arthur will become a port of entry- VICHY ICEIESTINSI P ■ = . j . . N jiutiTiON. a

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