VOL Lll. NO. 253 .NORWICH, CONN., SATURDAY, OCTOBER 29, 1910 PRICE TWO CENTS

Condensed TelegramsSenator Beveridge of Indiana favors

income and inheritance taxes.

Riot of StrikersOn Fifth Avenue

Cabled ParagraphsRome, Oct.- 28. The pope gave a pri-

vate audience today to Mgr. Tonti, thepapal nuncio at Lisbon. The pope ex-pressed regret that currency had beengiven, to falser reports regarding thereligious orders in Portugal.

ATTITUDE OE JUDGE BALDWIN

"A

The Democratic Nominee" tor Governor of

Connecticut

MeridenWelcomesf . ', .

Jack Barry Tonight

DISTINGUISHED HIMSELF WITH' THE ATHLETICS. -

CROWD SAW A MOTE IN THE SKY' - .

'". .

It was Aviator Ralph Johnstone Returningfrom Middle Island Village

DRIVEN 55 MILES OFF THE COURSEREGARDING LABOR LEGISLATION

By Thursday's Gale and Reached the Aviation Groundsat Belmont Park Friday Afternoon Says It was

Just the Mercy of Providence that Saved HisNeck Tells of His Difficult Landing Front EndBackwards at Middle Island Village First TimeHe was Ever Frightened for Fair.

Case q William H. Hoxie, an Employe of New Haven

' Road, Who was Injured on the Run from this CityMr. Hoxie Sued the Railroad Com-

pany for Damages Judge Baldwin, Presiding in theAppellate Court, Wrote Its Opinion, Declaring theWorkmen's Compensation Act Unconstitutional

POLITICAL RALLY CONCELLED

So That Everybody May Participate in

Doing Honor to the Baseball Player

of Splendid Achievements,

Meriden, Conn. Oct28. The plansfor the great reception Saturday nightto Jack Barry, the Meriden boy whodistinguished himself with the Ath-letics during the world-- ' series, havecaused the republican town committeeto cancel the rally at the town hallSaturday night, when Congressman El.J. Hill to be the principal speak-er. The town committee's gracefulacknowledgment of the previousclaims of the Barry reception over theHill rally was as follows: . ,

Let All Participate. .'"The republican town committee be- -

WITHIN A BRICKBAT'S THROW OF- DELMONICO'S.

MILITIA MAY BE CALLED

To Assist the Jersey City Police Na-

tional Express Co. Drivers and Help,

ers Join the Strikers.

New York, Oct 28. There was riot-ing this morning on Fifth avenue with-in a brickbat's throw of Delmonico's

ers held up an American Expresswagon wnicn naa Deen seui uul on a.

tect trip in charge of three strlke-breaker- s.,

.-

Many Hurt in Jersey City.

In the course of the day there wereother disturbances in various parts ofthe town, and over in Jers-s- City there'was much rioting: in the course ofwhich many men were injured, ine

pat when It says advertising-i- n thebefore the wind. The change of sea- -

LIKE SAILING BEFORE THE WIND

They apply to every servant and everymaster."

If this ie jnot retrogressive doctrine,cruel anrd - unjust to the workingman,that is to he servant, aa you use thoword in your decision, then I would beat a lo to :deflne what kind of doc-trines, can be called retrogressive asopposed to progressive. -

Mow continue: "If it be assumed thatcongress has power to prescribe a dif-ferent role for accidents occuring inor outside f Connecticut In the courseof runhing a railroad train betweenstates, and to create a new statutoryaction for its inforcement cognizableby the courts of the. United States, itcannot, in our opinion, require such anaction to be entertained by the courtsof this state.' It would open, a doorto ' serious miscarriage of justicethrough confusing our Juries, if onerule of procedure were to be prescrib-ed In one class of suits against an em-ployer and another diametrically op-posed to it in anotuer class of them.If congress may thus change the com-mon law relations of master and ser-vant by giving a new form and causeof action in the courts of the Unit

sharp demand for things, in mostprices from the drawing card; Thethe best prices and the advertiser

: regarded as a public benefactor. .

more sharply looked after than to-a- de

is a lasting and successful princi-- y

be waiting for a more propitious op-- sto set the trade in motion by opening

it says: "Sensible people know that

The Meriden Journal puts i t.face of fall "trade is like sailingsons from warm to cold makes alines of trade. - New styles at f airpeople are looking for the goods atwho makes acceptable prices i sAcceptable prices were never be ingday. Small profits and quick trpie of business. The buyers maportunity and it is up to sellerthe door. .

' -

The Journal is correct whe nbargains are to be had by the jknowledge of this general factto have specific facts down in bl ackpositively before buying whethe rgo a reasonable distance by satstylish .purchases now.'-- . :

: Send for The Bulletin's- rat efall advertising. It pays to inv itehold it. . .

- ,Subscribe for The- Bulletin., A

daily for 12 cents a week. '

; . Following is, a summary ofweek:- -

udicious at all times - of year;- butdoes not convince. The public wants

and white. They want to knowthe family income can be made to

isfying the desire for prompt and

card and make your calculations fortrade it is permanent business to

carriervwill leave it at your door

from tip to tip. If I went farther 1was afraid I'd wipe out the entire vil-lage of Middle Island. - If I didn't comedown the village would wipe me out.While I was tossing pennies with my-self the wind turned me clean' aroundand landed me front end backwards,but that was just what saved me. IfI'd come down head first the wind 'would have picked me up, tipped meover and smashed me to pieces."Selection of American Team to Defend

Bennett Trophy. ,What fluttered the hangars far more,

however, than the new record or thanJohnstone's narrative, was the selec- -tion of an American team to defend thoGordon Bennett international speedtrophy. ; It had been intended to nar-row (he choice by elimination trials,but windj(weath3r forbade and whnthe limit earned under the interna-tional rule for the entry of a teamapproached it was necessary to sub-stitute an ' election. ." Hamilton, with his 150 horse powerHamiltonian; Drexsl, with a 50 horsepower Bleriot, and Brookins in theWright racer were named..' Curtiss, who brought the. cup to thiacountry, though, has no part in de- -.

fending it,' and his new racer remainsuntried. The American substitutes aroMars of the Curtiss team, Moisant witha Bleriot and Hoxsey of the Wright ....

team.The French team consists of Latham

with a 100 horse power Antoinette, De-bla- nc

with a 100 horse power Bleriot,Aubrun with a 50 horse power Bleriot.

Great Britain: Grahams-Whit- e with :

a 109- hors; power Bleriot, Radley witha 50 horse power-Bleriot- .

High Wind Prevents Flight to Statuof Liberty.

There was no flight to the Statue otLiberty today because of too moichwind. . IVfoisart and De Leeseps. bothtried,, but neither finished.. - Moisanttook up Fred Thompson, the theatricalmanager, and left him four miles awayin a cabbage patch. De Lessepa took;up his. brother and landed unhurt inGarden . City. ,. . ,v .

"

Audemars'1 Butterfly Capsized.Audemars, one of the two men in the

world who darss to drive a tiny De-moiselle, took his. butterfly out in toostrong a wind and was capsized.

to land from a lieight of notmore than ten feet he struck the earthwhich his front wheels, bounced intothe air and ended by turning a omr.sault but escaped unhurt. The repairsof the machine will not be expensive.

Bulletin . Telegraph Local General TotalSaturday. . Oct 22 70 ISO 1044 1264Monday. Oct. 24 72' 128 232 432Tuesday. Oct 25 87 128 233 448Wednesday. ' Oct 26 - " 59 183 160 432Thursday. Oct .27 78 112. 262 452"Friday. Vct23' 89 --i. . ;j&3$;5S3. Total, i - -- 1- 485 797 2299 3581

Two Italian Cholera- - Suspects archeld in quarantine at Shenectady. NVY. ,.-- '

The Ohio Society in Pennsylvaniapresented President Taft with a silkOhio state flag. .

r

- Prince Tsai Sunn, uncle of the Chi-nese emperor has been elaborately en-tertained in Japan.

Since October 10 thirty-thre- e fisher-men have prished in storms off thecoast- of Newfoundland.

The Spanish Government is agitatedover the strength of the anti-milita- ry

campaign of the socialists.

The Ohio Campaign Speaking datesfor Secretaries Knox and MacVeaghhave been definitely announced.

The Venezuelan Government is con-tinuing an active fight against thespread of the bubonic plague.

Pope Received Cardinal Vanruuetlli, who reportefl the success of theEucharistic congress at Montreal. '

- King George Has Accepted honorarymembership in the Ancient and Hon-orable Artillery of Massachusetts.

Francis E. McGovern, republican- - can-didate for governor of Wisconsin;promises to become a benedict if elect-ed. .,- -

The Emperor and Empress of Ger-many spent the day in Brussels Inmaking calls and left at night for Ber-lin. - V .'

' Policeman Thomas Kelly of NewYork committed sucide rather tlxanface charges of being absent from hispost. -

Henry Anthony,. 21 years old, accus-ed of thirty burglaries in the fashion-able section of Passaic, N. J,, was ar-rested, .

-y '

An Appeal Was Entered in the Eng-lish court of criminal appeals againstthe verdict and sentence in the case ofDr. Crippen. :; - . :',-- .,

Secretary of War Dickinson andBrigadier General Edwards are hunt-ing in the forests of France as guestsof Robert Goelet . ..

Monsignor Tonti. Papal : Nuncio atLisbon, discussed with the-pap- sec-retary, Cardinal Merry del Val, thechurch status in Portugal. .

:-

The Sixth Annual Conference of theInternational Aeronautic Federationopend at Paris. Edgar Mix of Ohio' isthe American representative. . V

The Fight for a Complete investiga-tion of the pales and leases cf publiclands in the Philippines Islands will beresumed when congres meets.

BULLDOGS ATTACK STEERS.

One Driven Over a Ledge and Bittento Death The Dogs Shot.

Woodbury, Conit,,; Oct, 28. Asol an attack on two Devon eteers-i-

a - pasture, lot byr two bulldogs to-day, one of .; the steers is dead, theother is badly bitten and the, two dogsare dead. During this morning Mi-eha- el

.Wentsch heard loud .barking ofdogs in a pasture lot owned, by hisnephew, John Wentsch. On goingthere to investigate, he found that thebulldogs had attacked two steers, theproperty of his nephew, driven oneover a ledge and bitten it to death,and were turning their attention tothe other steer. As he came; tip thedogs turned on him. but he beat themoff with a club. Later they were shotby their owners, Nelson Baker andJohn Shielk. v - r

OBITUARY.

Mrs. Ethel Greybrook Greaves.. Philadelphia,. Oct. 28. Mrs. Ethel

Greybrook Greaves, a retired actress,and widow of the late Tracy Greaves,one time editor of the New ' YorkTimes, died today at the Edwin For-est home in this city after a. long ill-ness ''-of cancer. . .

As an actress she was better knownIn England, her native land, but for anumber of years starred in Frohman'scompany at the old New York Lyceumand in several shows that toured thiscountry she played the leading . role.

Mrs. Greaves retired from the stageshortly before the death of her hus-band, about three years ago. ' and hadlived at the Edwin Forest home for thelast two years. She was 49 years ofage. She is survived by two daugh-ters by a former marriage, one livingin Montreal, Canada, and: the otherliving in England. s

Sentenced for Defrauding the Public' Through the Mails.New York, Oct. 28. Charles E. Ellis

and Edwin R. Graves, who were con-victed last' week of conspiracy to de-fraud the public through-- - the maiis,were sentenced in the United Statescircuit court this afternoon to servethree year's each in the federal prisonat Atlanta. Ellis and Graves ran theKornit Mfg. Co., which pretended tohold a patent for the manufacture ofa substitute for rubber from the hoofsand horns of cattle. The company al-so published a "magazine of mystery."

Independent Telephone Co. in Reeeiv-- .ers' Hands. I.

Chicago, Oct 28. The IndependentTelephone company .operating In 25cities and towns in northern and.cen-- "tral Illinois, was placed in the handsof receivers today. It was Assortedthat the debts, of the corporation, ex-

ceed its assets by $1,000.000.. -'

WEDDING. , :

Dodge Fairchild. i.

Wednesday afternoon in the West-po- rt

Congregational church Miss Gen-evi- ve

Fairchild, daughter of Mr. andMrs. George Fairchild, of Westport,and Frank Irving Dodge of Willinianti'!and formerly of Norwich, were unitedin marriage. The-brid- wore a trav-eling suit of French blue serge with amessaline waist with Persian 'trim-mings and hat to match. She carrieda shower bouquet of white roses andwas given in marriage by her father,George Fairchild of Green's Farms.The couple stood under a wedding bellof gold and green while the ceremonywas being performed, by Rev.. C. F.Taylor, pastor of the " church.. Thebride's sister. Ethel, attended her, andwas dressed in heliotrope serge withPersian trimmings arid a velvet hat tomatch, and carried white, chrysanthemums.

The- f.oW girl was ConstanceTaylor, who was ati!vd in whlte Wil-lax- d

H. Fantort of Brooklyn w as- .bestman. and ihe' listers were StanleyFairchild of Oreen'e. Farms,i.ester; Fer-ris of Bridgeport. Charles" WaKemanof. Green's Farm and Charles Hen-dricks of Saugatu-ck- : The church, wasbeautifully decorated with white chrysanthemums and French cosmos. Afterthe cerernonv- - .Vlr. and Mrs-- Iodre lefttor a wftUnar- trip, and after their revturn will reside in Williinaiitic. whurethe jrroni is m business and H:is pre-pared yNlioiiitv Many handsome vol-d- ui

si?8 were recaiveU Lu, Uia biv.de..

, Brussels, Oct. 28. The longest con-tinued cross-count- ry aeroplane flightwith a passenger was accomplishedtoday by Mathieu, a French aviator,who, In a hiplante, flew from Paris toBrussels, 195 miles, In thre hours andthirty minutes.

Eutem pes, "France, Oct. 28. Recordsfor both time and distance were brok-en at the aerodrome here today byMaurice Tabuteau. who, in a Farnambiplane, remained aloft six hours andten minutes and covered 283 miles.By his flight Tabuteau has won theMichelin cup.'

Iforta, Azores, Oct.. 28. The Cu-na- rd

line steamship Saxonia from NewYork for Genoa and -- Naples put inhere today, with the German steam-ship Scotia in taw,- - The Scotia sailedfrom St.: Thomas on October 12 forHamburg. The Saxonia left New Yorkon October 20. Her captain reportedall on board well. - The Scotia waspicked tip at 7 o'clock yesterday morn-ing when leaking. Temporary repairswere made, and the vessel was towed171 miles, to port. -

THREAT TO KILL THE KAISER..Brussels Anarchist Wrote Ho Would

Throw Bomb. . :

Brussels, Oct. 2.8 The extraordinaryprecautions taken last night to pro-tect Emperor William and EmpressAuguste Victoria when they left thiscity at eleven o'clock for Berlin wereexplained today, when the police an-nounced . that a letter threatening theemperor had been received at the royalpalace yesterday. The communicationwas signed by a militant Brussels an-archist and read:

"Since no one has had the courageto ' blow up the German autocrat, Ihave, "decided to throw a bomb."

SEDGWICK POST OPENEDCAMPAIGN SEASON.

Judge Nelson J. Ayling Told of His' Trip Across tho Continent Fine

. Musical Programme.The first campfire of the season ofSedgwick post. No. 1. G. A. R.. took

place Friday evening at Buckingham.Memorial, and was attended by aboutseventy-fiv- e people. The programmeproper, .that had been arranged forthis occasion, began at eight o'clockpromptly, but for a short time beforethis hour several - musical selectionswere rendered by an orchestra of threepieees, Miss Helen B. Royce. violin;Miss Annie L. Tafft, piano;' Ebenezer.Learned, 'cello; which were receivedwith marked appreciation.

Commander Henry Hovey, in apleasing manner, extended a most cor-dial welcome to both the auxiliariesand the Citizens' corps, followingwhich Mtsg Maud Baker delighted allwith a soprano solo, which she gaveIn fine voice. She was called uponfor an encore and responded with an-other pleasing selection. Miss Croweaccompanied on the piano.- -

The address of the evening" wasgiven by Judge Nelson Ayling. Hegave a most interesting- and instruc-tive account of his recent trip acrossthe continent,' in which the conditionsof .the different peoples and the sev-eral sections of the country he passedthrough were portrayed in a realisticmanner. He held the closest attentionof his audience throughout his entireaddress, and at its conclusion was ac-corded an enthusiastic applause.

Another orchestra selection was lis-tened to, after which Miss Baker washeard again and as before was obligedto- respond to the call for an encore.

The speaker of the evenig andthose who had furnished the musicalpart of the tirogramme were given ahearty vote of thanks and then thecommander extended an invitation toall to adjourn to the post room, thereto partake of a buffet lunch.

'FUNERALS.

Mrs. Carl Kristek.JIany relatives and fHends were in

attendance at the funeral of Mrs. Em-ma Kristek, which was held from herlate home on Sherman street Fridaymorning at 8.30 o clock. A requiemmass was celebrated at St. Patrick'schurch at nine. Rev. Hugh Treanorofficiating. There was a wealth 'ofbeautiful floral remembrances.

Those who acted as bearers wereCharles Staubly, George Bogue, Ja-cob Haffner, William and Adam En-slin- g,

and Frank, Charles anJ JosephBerberlck. Burial was in St. Mary'scemetery. Undertaker Hourigan wasin charge of the arrangements.

Mrs. Sarah A. Lamphere.At two o'clock Thursday afternoon

the funeral of Mrs. Sarah A. Lam-phere, who passed away on Mondayof this" week, was held from her latehome at Harrison's Landing. Rev. S.H. Maine, pastor of the MethodistEpiscopal church at tineas ville, con-ducted the services. The funeral par-ty left Harrison's Landing on the 2.45train for Yantic and burial took placein the Yantic cemetery. Henry Allen& Son were in charge.. Mrs. Lamphere was 72 yean ot age

and was born in Boston, the daughterof Mr. and Mrs. Thomas K. Bacon.Her father was one of the pioneersin the firearms business in this city.On March 5. I860, Miss Bacon wasunited in marriage to George L. Lam-phere, who now resides in New Mex-ico. Besides her hsuband a son anda grandson also survive.

gressive" - that would not cover thiscase. It is just precisely this ed

''liberty of contract" theory which Ihold to be in very fact an utter mis-nomer and I hold that it is a grossmiscarriage of substantial justice onthe part of th-a- nation and the etate toallow -- such a doctrine to be success-fully i maintained. It works a grossmiscarriage of justice for the nationand state to permit such a doctrine tocontinue to be anywhere near a part ofthe law of the land. I hold that thisdoctrine is ratrogressive in the highestdegree and that those who adhere tothis doctrine, however personally hon-orable they may me, and however highmay be their personal charactar, or, ifthey are judges, their mastery of thetechnicalities of the law, neverthelessoccupy position which in its out-come works cruel and

to the worklngmen,' whether ofthe state of . Connecticut or of anyother state iri the union.Justice to the Wage Workers of This

; '.- . Country.I hoiil that tfie welfare of all our

citizens v imperatively demands thatthose .'.utterly-- retrogressive principlesbe completely abandoned in our lawsthat, to quote your . own words, "theWritten and. unwritten-laws."- -, that is.the laws as made by the', legislature,and the law as ' made by the judges,'shall hereafter, be made In a progres-sive and not a retrogressive spirit, be-cause only in such manner. will it bepossible really-- to give to the wageworkers ef this country the justicewhich Is their due.

Yours trulv.iUiicci THEODORE KOOSEYELT.

- Nsiw York, Oct. 28. The crowd atBelmont Park today was all for RalphJohnstone when from Middle IslandVillage, Long Island, 55 miles off thecourse, he brought back a new Ameri-can record of 8,471 feet for altitude--th- e

second he has added to his stringin the international aviation meet. Butthe interest of the aviators was cen-tered on the action of the Aero club ofAmerica, which, after a midnight ses-sion, - chose Hamilton,- - Drexel andBrookins, early this morning, to de-

fend tha Gordon Bennett internationalspeed trophy. Audemars, in a Demoi-selle, suffered the first accident of thetournament today, but he came offwith no hurt to himself and only minordamage to his machine.

Vanished Johnstone Reappears.Jut before the passenger-carryin- g

cross-count- ry race was started at fouro'clock this afternoon a mote in thesky was seen far to the southeast. Itwas Johnstone, reappearing just wher--he had vanished in yesterday's' gale.He circled the field and settled in fronto the judges; stand while the crowdwaved and cheered.

Major Samuel Reber of the UnitedStates signal corps, ran out and grasp-ed his hand. Three officials in' thejudges' stand, including . PresidentBishop of the Aero- club of America,joined the group. Johnstone noncha-lantly commandeered them for duty tohold his machine down while he warm-ed up the engine. .

- "

''Just Like Shooting the Shutes.""Tell you what, boys," said the hero,

"it was just the mercy of Providencethat I saved my neck. Whan I thoughtI was within touching distance of theworld's record I kind of forgot allabout the wind and began to reachout for more.heig'ht. Then I suddenlysaid to myself: 'Young man. you hadbetter see how much gas you've got.'It's the truth I had just enough to turnover, the two propellers. When I kepther hose up the juice ran-dow- intothe engine and she coughed. ThSminute I pointed down" I lost my.fueland .she. began to mirs. " -

"It was just like shaotihfr the shufesFirst I'd .take a header, with the powefoff, and when the wind began to carryme out "of control I'd. point up 'a. bit,get a little, headway, run level for ahundred yards, - then dive again. Iwasn't much scared till I got down toearth and Saw what a gale there was.Then ' I was frightened for fair. Theonly-spo- t I could find to land in wasa little patch not three times biggsracross than the stretch of my wings

PLANS TO PAROLE MORSE,Y THE CONVICTED BANKER

Friends Believe 'Way Is Found for a

"Conditional Pardon."

'': Oct. 2S. Friends ofCharles W. Morse believe they havefound a way, for President Taft to letthe. convicted New York banker out ofthe Atlanta penitentiary,' without ac-tually pardoning him. In efiect itwould be to parole Morse, but thatthe end would be accomplished by is-

suing a "conditional pardon." Thebanker's friends claim precedent intheir favor and point out that Presi-dent Cleveland pardoned a federalprisoner conditionally, with the provi-

so-that to the UnitedStates district attorney every yearfor five years.

While the plans of Morse's friendsare not known at the department ofjustice, it was said that' there is noth-ing to prevent the president from issu-ing a "conditional pardon," and that

an event the federal board ofparole would be ciiarged. w ith the" re-

sponsibility of looking .after Morse.Any proposition to parole Morse un-

der the terms of the law passed at thelast session of congress, ats has beensuggested, is out of the question,' saysthe attorneyv The law says a federulprisoner may be paroled after havingserved one-thi- rd of his sentence;Morse was sentences to fifteen years,and 'would-n-ot be eligible, for paroleunder that statute, therefore, untilJanuary, 1915.

EVIDENCE BY SHIPPERS

Who Are Opposing Freight Rates Ad'' vance Concluded.

' Chicago. Oct." 28.- Presentation ofevidence by shippers who are oppos-ing' the proposed advance in freightrates was concli:ed today before theinterstate commerce commission, withthe testimony of Cow W. R. Stubbs fKansas, who in characteristic, man-ner declared his opposition to an in-

crease, and his belief, as a practicalbuilder of railroads, that valuationshave been placedt at too high a point.

-- 'I'll put up a 'million-doll- ar bond,"said the governor, "that I can con-struct a main-lin- e railroad in Kan-saS.Z- an

up to dato line, too. for $25,000a mile, and make ten per. cent, profit."The lowest estimate of railroad build-ing offered by the railways more thandoubled the governor's estimate.

Governor Stubbs was the principalwitness introduced- fc;: the shippers,who' occupied only three days withtheir testimony, while the railroads inprevious hearings presented manywitnesses and consumed more weeksthan the shippers have days. ,

Given Authority to Execute a Mort-- ,flage Upon All Its Property.

Albany, NV Y.. Oct. 28. -- Authorizationhas been, given-t- o the' Central

NVw Enxhtutl ' Railroad company byto public service comjnisaion to exe-cu- tt

a mortgage upon all its propertyto secure a , $ Ji.tn,n),oo Lund issue,heaving Interest--a- t In rst of four

er ent.- - &r. aivnurn. The company- ispermitted to. issue, presently 'J17,00of bond ,.,'

Steamship Arrivals. '.

'' At Naples? ru t. 23. Alice, from.V'v York..r ('opcun.-iKcn- : . i vf. i'. osoar It.,Itotii Xew oik. 1

i M Havre: Oct.' ;7, Caroline, from-- e.v

Rochester. X. T.. Oct. 28. Theodoreiloosevelt this evening gave out a copyof another later whith tie has writtento Judge Simeon K. Baldwin, iem-crat- io

tiomlnee fur governor of Con-necticut. In which he discusses furthert':ie attitude of Jurle Baldwin regard-ing labor legislation, which ColonelItooiev.'It criticized In his speech atConcord. N. H, last wee It as "retro-Siessive- ."

Thp Crst letter of 'Colonel Rooseveltto the judge- - was baned on the pre9reports of th3 letter from Judge Ualrt-- w

in to him. Vt hen the Baldwin letterreached Mr. R.ow-vel- t he found thatIn some respects his Colonel Roose-velt's! Information had Dot bcn en-tirely accurate. .Vlean.vbile he had ob-tii- nd

fuller information from othereourre. and on this ho wrote the letterof today, which foilows:Roosevelt to Baldwin, on the Work-

men's Federal Compensation Act. -

'Hon. Simeon K. Faldwln, 44 WallStreet, n- - Haven. Cynn.:

"Dear Mir: I hs're lust now receivedJur letter of O-t- til. My former1 Iter whs 1kis d on statements in thepublic press. a now appears. notwholly correct, purporting to be you!letter as published by you.

"At the same time 1 have receivedm copy of jour opinion :fs chief justiceIn th" ca- - of William H. Hoxie varsustc.e Xew York. Xew Haven and Hart-ford Railroad company, this'beinx neof the documents J had in mind wHenI spoke In Xew Hampshire as underthe reUit d by me in theit:tter which you have already received.

"This was a in which WilliamII. Hoxie. a train hand, an employe ofthe New York, New Haven and Hart- -

lord Railway iinp:my, wis injuredwhila coupling tai-- in a train unnlntffrom Xirwich. Cnnn.. to Worcester,.Mas. The injnrrd man sued the rail-road. 'You pri-idc- in the appellatecourt and wrote it opinion, declaringthe workmen's federal compensationact. iitxler which ll..jti? sued, to beunconstitutional. gr that he wai deniedthe rlrht to be compensated for hisIrj'lry.

"Section of th" a.-- t provided thatmy contract, ru e, regulation r devicen liisoever. the purpose or int?nt ofnhicli siiall be to enable any common.arrlpr to exempt Itself from any ty

created by th:s act. shall to thatextent be void. The purpose of thispr"r!sion wa ns a matter of. publicpolicy to protect tvorkingrmon from be-in- s;

coerced into making improvidentand unfair contracts or tipulatinsr to?"cept nominal amounts r disable-ment and mutilation as the price ofobtaining; employment. In urging suchlegislation I. in a message to the Six-- t

th onfrress. in December. 197,placed it iipon the ground of JuMticeto the workmen of this country. Isaid In pari: '

The practice of putting the entireiburden of loss of lire or limb upon thevictim or the victim's lamiiy in o. formof social Injustice in which tho Unitedstates stands In an unenviable promi-nence. In both our fsderal and ourstate legislation we have with few ex-ceptions scarcely gone further than therepeal of the fellow servant principleof th-- oid lsr of liability, and In some

our states eren this slight modifica-tion of a completely outgrown princi-ple has not yet been secured. TheIcei-lsti- on of the rest of the Industrialworld stands out In striking: contrastto our backwardness In this respect.'Took Ground Against the Progressive

View."In your decision in question ou

squarely took ground against the pro-gressive view, wh'ch I hold to be es-sential to the welfare of the working- -nin of thia nation, end, therefore, toth welfare of the whole people. Intreating of this opinion of yours Lawrs.'otes on .Oct. 10th wrote as follows:

" 'In the course of his opinion lieraid: "At common law a servant can-not recover from his master for in-juries received from the negligence ofa feliow servant in the samel'ne of employment. This i a part ofthat general American law resting up- -

n considerations of right and justicetat has been generally accepted bythe people' or tha I'nited State. This

nould be coldly tosay the least, by labor unions desirousof gofunncr u workmen's compensationnet S'ich 8 the X Yark legislaturepais?d and fiovernor Hughes signedfh.iut three months ago. The fallowservant rn!e not if divinely inspiredprecept any more than the contributorynesrll;rence or assumption of riskruis." '

"Personally I feel tllat It (s In thaMgliejt degree retrogress! ve (or, if youprrfrr the ternto, tKiurbojt and reac-tl'na- rv

to take the view that the fl-!o- w

eervant rule is a part of tho com-mon law. and as here you construe it.rrts as you sav It does, 'upon consid-erations of rie-h- t end justice,' On thecontrary. I believe that tt is in Its

a denial of ri?ht and Justice amithat nroeressive judges generally arenon- - taking the position that rh!s is

and prosrressl'e le?rli!attveo;!!e8 are universally octirs rpop it."

Crvel and Unjust Doctrine to theWorkingman.

In your opinion In this case in ques-t- rhi. vou continue "the common la' s: the fellow servant tlsc-- !

ire uron two main cor.3ideration:i ie, Cat above mentioned, viewing it85 a ru'e of justice: and the other,vice ing It as a rule of policy in that Itten. Jed to make each servant moraiv::tet.ri of his fellows, and thus topromote the safety of all. as well asthe efficiency of their common work."

You continue: "The state of Connec-t'o- ot

h;tM. nmler her laws, written anditpwrittvn, o regulated the relationsof employer and employes that no act

can b inii.tairie.l in her courts byh servunt uguitut hij nif-te- r for per-sonal in.iriri.'S suniaineJ within her ter-ritorial litn'rs tlirousTtk the nuirllgnceof one ot hi"i(?llow servants, nor for

ach injuries sustained through thepeliruce ot . ike master, combinedt:I lb: t of tiic ilaititl(T himself, tvhent tie'4liKeiii f essentiuliv co:i-trii- ji

.v I" I lie result, wlietliur it wereor Mere bs arert t as tho master'sT i wro: .. :r aeuirion farrier fallswoM riiice rules. Thin is notOf lit nature ot bis masters busiue,

X ' .

ed States, it does not follow- - that theycan give a servant a right to such aremedy in those of the states wherethese relations remain unaltered."

Absolutely Retrogressive Doctrine.Here again I hold the doctrine set

forth 'by you to be absolutely retro-gressive. I agree with the commentson the subject in the report of theJudiciary committee of the senate onMarch 22, 1810, last, recommending anamendment to the employers' liabilityact. Commenting upoon your decision,the judiciary committee states that youare squarely contradiced by some ofthe very decisions which you quotein making It. The senate, committeereports, in part, as follow in speak-ing of your decisions:

"We may disregard for the momentthe suggestion of the Injustice of aparticular atatuty The local opinionof the justice of a particular law is noobstacle to its enforcement if it be abinding law. We will therefore con-sider the proposition solely as if thefactor of local opinion as to its Justicewas eliminated from controversy. - Acourt may err lh its estimate of wtvatits state really did consider injustice."

Position Without Precedent.The position assumed ty the court

on this question is without precedent,and is entirely untenable in the lightof the Judicial history of the UnitedStates. If a federal right cannot bethe basis of a plaintiff's claim in astate court; if those courts derivetheir power and authority and com-pensation from the state for-th- pur-pose of deciding only controversiesarising' tinder the law of the statn,written and unwritten, then a defensebased upon a federal right would beequally unenforclble in said courts.

federal Law Paramount.The federal law is imperative, man-

datory, and paramount over every footof the soil of every state. It is in nosense foreign when its application orenforcement is sought in the courts ofa state. Ao policy of a state can im-pair its imepratlve obligation. Noofficial of a state, sworn to supportthe constitution of the United States,can deny the enforcement of a statutsof the United States, made in ppursu-anc- e

of the United States constitution.Such law by the constitution is madethe supreme law of the land, anythingin the constitution or laws of any stateto the contrary notwithstanding1.

How can a judge of a state courtdeny the imperative obligation of afederal statute on, any occasion in hiscourt?

Refore he can lawfully assume theduties as such state judge he is houndby oath in obedience of the expressrequirements of the constitution tosupport the constitution of the UnitedStates. Federal laws are not depend-ent upon the judicial courtesy of statecourts to be enforcible in the courts ofsome states and to be refused enforce-ment in others. They are "the supremelaws of the land and the judges inevery state shall .be bound thereby."Severs Criticism of Baldwin's Position

Justified by Facts.Again I hold that this severe critic-

ism of your position by the committeeon the judiciary of the senate is fullyJustified by the facts and most cer-tainly warrants the use of the terra"retrogressive" as applied to your po-sition. You continued, "the statutecannot be regarded in this rsspect asone made for the protection of an ig-norant and imprudent class, such asthe acts regarding shipping articles.The employes of a railroad companyare in general men of more than ordi-nary intelligence. The dangerous na-ture of the business requires and se-cures this. It cannot be regarded asone made for the protection of trainhands, for It covens every kind of em.ployes. It denies them one and allthat, liberty of contract which the con-stitution of the United States securesto every person within their Jurisdic-tion."

Gross Miscarriage of Justice.In this statement you practically ad-

mit that acts of congress for the pro-tection of sailors and men engaged inthe eci'.ially dangerous but no moredangerous occupation of commerce onthe seas are constitutional, your con-tention seeming to be that seamen areIgnorant and improvident and that asto th?m the acts of congress are con-stitutional, but that brakemen andother toilers on railroads are so high-ly intelligent that they need no pro-tection under the laws. If you willturn to th chapter of " Mr. Alger'sbook on "Moral Overstrain," to whichI have referred, you --will find Instanceafter instafice selected out of the manyhundreds of instances' in which thenominal securing to working people ofliberty of con tract "under the theorythat "you et forth - has worfrsd mostcruel injustice to them'. ..The doctrineyou set forth Is exactly the kind ofretrogressive doctrine to which I ob-ject and to which as I hold all 'reallyprogressive men who have tits welfareof workinormen and therefore the wel-fare of all our citizens at heart niutobject. - T cannot imagine, what deflni-ti- a

could ha ua cuUu vug "satfA- -:

the variety of matter printed the past.

militia may be asked to help the Jerseypolice., . . .

National Company Man Out.New York, Oct. 2. Tha ranks of

the strikers were swelled tonight bythe drivers and helpers of the NationalExpress company, which handles ex-pr-

baggage and packages over thelines of the West iShore railroad.

The union leaders also announcedthat- - the entire force of drivers andassistants of the Jjong Island Expresscompany will ba called otft tomorrow,and further that no demands will bemade upon the express company untilevery man is out.

SOUTH DAKOTA DIVORCESNOT "LEGAL TENDER"

In District ' of ' Columbia DecisionRendered by Justice Stafford.

Washington, Oct. 28. Divorce de-crees granted in South Dakota arenot "legal tender" In the District ofColumbia, according to a decision ren-dered trfday by Justice Stafford, In thedistrict court.

The particular decree of divorcewhich the justice declared Invalid inthe national capital was obtained byMilton E. Davis, who in April, 1907,went to South Dakota in December,got his divorce, and three weeks laterwas married again. The former Mrs.Davis if she really is no longer alegal wife brought suit for absolutedivorce and alimony. The answermade to the petition was that Davishad already secured a divorce.

Judge Stafford held that inasmuchas Davis had "deserted his wife andleft this jurisdiction, it follows thatthe court of South Dakota has no ju-risdiction oyer her and no right tobind her by its decree," wherefore heordered Davis to pay alimony and tomake provision for the support of thechild by his former marriage.

ELECTION OF OFFICERS

At Annual Convention of ConnecticutWoman Suffrage Association.

Greenwich, Conn., Oct. 28. At theelection of officers at the 42d annualconvention of the Connecticut WomanSuffrage association here today, acontest for president, developed be-tween Mrs. Thomas M. Hepburn andMrs. Elizabeth D. Bacpn, both ofHartford. The socialistic tendenciesof Mrs. Hepburn were attacjted andit was only after two hours of dis-cussion that a vote was taken, whichelected Mrs. Hepburn bv a vote of40 to 12. - r ...

-

The other officers elected were: Vicepresident at large, Mrs. ErnestThompson Seton, Greenwich; record-ing secretary, Mrs. Edward . Porritt.Hartford; corresponr-ina- secretary,Mrs. Jessica Adler, Hartford; treas-urer, Mrs. Mary J. Rogers, Meriden;member of national executive com-mission. Miss Adelaide- - B. Hyde, ofGreenwich. ...Did Not Die from Football Injuries.

Ithaca, N. Y..- - Oct. 28. That LaurenB. Paine of Duluth, the freshman who.died at the Cornell infirmary last'night, did not die from injuries receiv-ed in football practice. ' was madeknown; to.night after an autopsy uponthe body by Dr. Charles A. Bentz, theBuffalo pathologist,- The findings confirmed the opiniciot the football .coaches ana remove all4oubtraa to the. playing' of the., balanceof the schedule this. year.

Objecting to the New System of ac-counts, all tiie independent .steamshiplines in the I'mled States,: except onthe Pacific coast. ronfrred with the i

interstate commerce cxiimnissiaji aboutlite JiuiUei - i

ing desirous of doing nothing to in anyvbky interfere with the success of thereception which is to be tendered JackBarry on his home coming and realiz-ing that many republicans as well asdemocrats wish to participate in do-ing honor to the yoi&ig: man who hasdone so rruch to bring success to theAthletics, have decided to postponetho reniihlican rallv whirh was to have

J been held Saturday evening, October-29th.

Sucti a Return Occurs But Once."The republican town committee

feel that a republican rally can beheld at some future date, but that thereturn of Jack Barry from a seasonof such splendid achievements occursbut once, and that is Saturday eve-ning, "October 29th. and that they de-sire to do all they can to assist inmaking the celebration in honor of hishomecoming a great success. Theyhave therefore cancelled the republi-can rally to be held on that date."

PROGRESS OF CAMPAIGNIN NEW YORK STATE

Chances of Democratic Victory ' AreBrighter, Says Chairman Huppuch.

New York, Oct. 28. John A. Dix,the democratic nominee for governor,spent six hours here this afternoon,conferring with Chairman Huppuch ofthe democratic state committee andseveral other leaders of the state campaig-

n,-including John H. McCooey, theBrooklyn leader; John Kelly, jxt ThoyiWilliam J. Conners of Buffalo, andRobert N. Wood, chairman of thestate league of democratic clubs.

"There is no - controversy betweenlabor and ourselves," said Mr. Iix."There is no labor trouble - in ourmills. Anyone who wants to can soonfind out what the situation is. All thatwill be necessary is .to go to the em-ployes themselves. : Labor is capableof speaking for itself and has compe-tent spokesmen."

After he had talked With the can-didate, y Chairman Huppuch said: "Ithink Mr.' Dlx would now go a littlestronger regarding the chances ofdemocratic victory than he did a fewdays - ago when he said we had a'fighting cha nce.' I .'.believe he thoughtsome democrats were a little over-confident, then."'

CONGRESSMAN HIGGINS GETSNEW RURAL ROUTE

Will Go From Mystic Into the Lantern. Hill ..Section. j

Through the influence and work ofCongressman E. V7 Higgins and Post-mast- er

C. C. Potter, Mystic is to havea rural free delivery route. Regard-ing - it, Congressman Higgins has re-ceived the following- letter: js

Hon. Edwin W. ' Higgins, -, Washington. D-C- .

My Dear Mr. Higgins: With refer-ence to your letter of the third instantI am 'pleased to say that on furtherInvestigation the establishment of theproposed rural rotfte from Mystic,Conn., seems to be warranted by theconditions - reported and I have ac-cordingly given instructions : that thedesired action be taken without fur-therdelay. YoUrs truly; -

FRANK H. HITCHCOCK,'' ' Postmaster GeneraL-

The new -- route will probably be inoperation before Winter. -- - It will gofront, Mys'ile to the Lantern -- Hill dis-trict, skipping- Old 'Mystlc-- i and then:bacfe to Old Mystic over Quaketog'hill, to Qulambaug, and back, to Mys-tic; covering a distance 6f 22 miles.

Seven Dogs Trained to Marine Dietare to-h- e used bv the government inexperiments whether ran-ter is communioiibli! through the useof fish as food.

VERMONT WOMAN INDICTED .

FOR MURDER OF HUSBAND,

Mrs. Averill Hal Been Under ArrestSince Last Saturday.

St. Alban's. Vt, Oct. 2S. ,Mrs. FranC. Averill of St. Alban.s town was In-dicted for the murder of her husbandby the Franklin county grand jury latetoday. The jury, which was especiafljnsummoned to consider the case, hadbeen hearing: testimony since yesterdayafternoon.

Mrs. Averill has been under arrest!since Saturday last, when she wastaken into custody following an inves-tlgatio- iji

by State's Attorney Johnson.Averill died at a hospital in this cityOctober 21 from gunshot wounds. Hewas taken to the hospital late the nightbefore, and in his first moments ofconsciousness told the officers who fiadbeen called in that he had been shotaccidenally.

The Averllls were well Known resi-dents of St. Alban's town. Mrs. Averillsince her . arrest has maintained hepinnocsnce, and no motive for 'anyoneto have shot Averill is known.

JOSEPH K. MEADS, AMERICAN,ACQUITTED IN ST. PETERSBURG

. -

Sentenced in Connection with Cxptesiion on Submarine Dragon. -

' 'St. Petersburg, Oct. 28. The , sen-ate today reversed the verdict in thecase of Joseph K. Meads, an Ameri-can, who was condemned by the su-perior court last January to. oneweek's arrest for negligence in con-nection with the explosion of thasubmarine Dragon the previous Au-gust. By the decision of today Meadsstands acquitted.

In the explosion, which was said tobe due probably to the ignition of ben-zine, Meads and eleven other personswere injured. , Meads, whose home isin Baltimore, was engineer of theDragon, and In the employ of thebuider, Simon Lake of Bridgeport,Conn. At, the time of the explosion,the submarine had not been formally,accepted by the Russian government,-

RIOTING AT BARCELONA

Over ' Tearing Down of ' DefensesErected About Jesuit College.

Barcelona, Oct. 2S. At a meet inof the city council today the radioalmajority- voted to tear down the de-- .

fenses erected about . the doors ami iwindows of the Jesuit college,' andwhich it was alleged had transformedthe building into a fortress.

The members of the minority" whoprotested that the defences had beenconstructed because of the mob at-tacks upon the convent during the up-rising of 1908, hooted' the action ofthe majority and in turn were as-saulted by the police who had beencalled in to restore order.

Biennial Convention of ConnecticutC. E. Union.

' Waterbury, Conn,, Oct. 28. Thetwenty --flhird biennial convention ofthe Connecticut Christian Endeavorunion was opened at the Second Coh- -. rgregmtional church this afternoon with,about . three taindrisd .delegates, pres-ent: . The' afternoon speakers Included.Rev. John G. Davenport, D.D ot ry.

Rev. II. J. Whin and Arthur "D, Call, both of Hartford. . This eve-ning Rev. Charles A. Dinsmore, D.l,ot Waterbury, and- Rev. - Floyd - VCTompkins of. Philadelphia, nem thesneakers. The meettajr JS3I V. )temerrowr mmi 0ftdax