Transcript

XEW-YORi*: jJAILY TRreor^;, FRIDAY,"

FEBRUAHV 18, 1910.-

SEES OATLY BENEFIT

ie;EL OX FEDERALCOKPORATIOXS.

Light a Charity FireWith a $10 Bill

Light * flr<» to k*><»p warm ln«Ifl? ciyou the spirit of charity, which life la agreat tend*

•• freeze.You can do it by sending a check" to

R. S. Mlnturn, Treaa.. Room 22*.No. 105East 22d Street.

Our bill for coal for th* poor 1$ Jt.150.Will you help pay it?N. T. ASSOCIATION FOR tarMn ttn

CONDITION OF Ttn POOK.It.FfT.TON f » TTINfi.Prw.

Coins Used by Panama Engineer AidWife Seeking Divorce.

Th» di\-orce suit of Mrs. Maude S. Deta.against James Deans, in which JustlcsMcCall granted an interlocutory decree y*t-

terday, proves that a man need not neces-

sarily be a rich man to be known t?his gold. Deans was a civil engineer en*ployed on the Panama Canal and was not

a rich man. yet his movements were- tracedby the wake of gold he left.

Deans used to come to this city froßi the

Isthmus on his vacation and spent muchof his time and money at Con*y Island,

where he was known as John Scott and

more familiarly as "Scotty." Waiters of a

hotel testified to Dean's conduct; one ofthem testifying that the defendant twicetipped him with $5 gold piece*. Deans,

'"said, had always a pocketful of gold piece?,

the engineer explaining that the fsvera-ment paid him in gold in Panama. ...

TRACED BY GOLDEN TRAIL

It was brought out yesterday by As-sistant District AttoYney Nott that thevictims were kept busy chl»fly answerinsadvertisements of oth<?r prospective "em-ploys." Klass. in his own behalf. In-formed Mr. Nott that h» had b«en d*-frauded by Spaeth In the same way. Hastated that when he asked for iati?-

faction he was advised to en out andcatch a few "easy marks' himself, a3

there was one born every minute. It wasthen, he said, that he joined forces aMSpaeth.

Victim of Sxcindle Goes 'After"Easy Marks" Himself.

Charles Ki»ss, who conducted «n cft^In a building at Fifth avoaoa «n4 C1utreet under t'n* name of Halsl* & SiaJnfor the purpose of fleectng clerks in »»trcaof employment, was found, guilty S9Cer<day in th» Court of General Sessions ofgrand larceny. FrA.l#rlck gpaei irgatwith being associated «•\u25a0(• < '»•• •« r-.rnart»r. will he placed M trial KM

According to the •waaaaet In the trialyesterday Halsis & Shafer advertised farclerical help. Applicants were MBHBaIthat the firm was engaged In th» decorat-ing business, and various m*r'r.~*i \u25a0*•<\u25a0#

then employed to get their mon*y. Th»majority were tali that th» afeaateti ofth» business were beyond exaggeration. «»rwords to that effect, and thu3 w«re in-duced to buy an interest in the firm.Others, with smaller m-ans. wer» »1 tocontribute to a so-called 'fidelity fund."

When the bubble burst most el th?m *-»

said to have tak^n their medicine, charg-ing up the experience to prof.t and la?3,

hut a dozen or •<•> complained M th» Dis-

trict Attorney, en«l the indictment of Klassand Spaeth followed.

PASSES FRirntLOXG.

Hugh F. Cram of Roberts. Hall &Crlss. on" of the three firms which failMwith the collapse of th» pools, was \%*<<nan attentive spectator. Toward the ?r.<lof the hearing M stood up fcaafaj Mr.Wolf, facing Mr. K»"h» with a- flflaa*smile. Mr. Kc*Bi rrf?rr»<l.to him Inh!«testimony one*- as "the n»'W «p*cl*Hrr

in Hocking sfvk.

Mr. Wolf pointed out that the recordsshowed that Mr. Keene was "short" of2.700 shares as manager of the pools onthe date of the collapse. Mr. Keen»promised to have an explanation of this

also at the next hearing. wMf> was set

for next Monday at 2 p. m

"So that probably that stock wasbought by the pool?"

"That T cant say."

"Was there any other purchaser in th-j

market at that figure than th^ pool?"

"Idon't know. The pool had to sus-

tain the market."

"Did you sell 1,700 shares at from STto S9-?"

"Yes, in December."

There was a general laugh at thisquestion, which increased when Mr.Keene hastened to remark: "That's on

you. not on me." Commissioner Alex-ander joined In the demonstration.

Mr. Wolf then repeated the question,

and Mr. Keene said that this market

held about a week.

"I will tel! you !f you will tell m»when the break occurred."

"January 19t""Well. then, on January 1?.""How long before?"

"It was not inadvisable to —IV saidhe. "Iwas waiting for a chance to pell,

but there was none." ."When did the market reach its high-

est?"

POOLS BURDEN GROWS.Th*» market for the stock disappear?'!,

he said, when it reached 73 or 74. andthis condition continued because Iliashorts were driven out and the prospects

with regard to the oiland the brick plant

were not being realized so that outsiderswere buying or so that the Insiders couldestablish greater confidence by larger

operations. Mr.Keen*1 paid the membersof the pool had to increase their hold-ings continually.

"1did so to oblige a lot of people," thewitness replied.

"You were indued, then?""Well. Iwent back with the Idea that

we would all come to grief. But thencome the prospects of oil. and Itmadethe outlook more hopeful

"That was in July, 100f>, when th» sec-end pool agreement was made?"

"Yes, about that time. IdWn't havemuch to do with pool No. 2."

"You were the manager?"

"Yes.""Who bought and sold the stock?""Hawkins did.""But you ordered the sales?*'

. "Well. yes. Idid. Put Haskins did agood deal on his own account."

Mr. Wolf wanted to know why Mr.Keen?, after so reluctantly re-entering

Pool No. I, had been v.-illlng to enter

Pool No. 2. Mr. Keene said the pros-pect of oil on the property of the Co-lumbus and Hocking Coal and Iron Com-pany had helped him to decide, as alsoan expected. development of the com-pany's brick plant.

Mr. Wolf still wanted to know whetherMr. Keene was "persuaded" to go backinto th* pool.

He repeated that the members knewhe was going to sell his Individual hold-ings, and that H. S. Haakins told himexplicitly that he had the right to sellthem.

"Did they know It?"

"They knew whnt Iwas going to dowith my stock. The same people werestill In the pool who attended that con-ference where . my stipulation . wasmade."

JOHN WANAMAKERFormerly A T. Stewart & Co., Broadway, Fourth aye.. Eighth to Tenth st.

There are more e&pensUc instruments, of course.AW have them in such magnificent combinations as the

Knabo- Angelas, the Schomacker-Ansrelopian, the Em<3r-

son-Angelus.But at a popular price there is do instrument on the

market that compares with the Autopian<>.The manufacturer is so enthusiastic over it> mar-

vellous success that he claims the Autopiano is the bedinstrument made.

While we cannot go quite so far we are wilting to

endorse the fact that it is a most desirable instrumentto own.

Into the Autopiano Have BeenPut Excellent Materials

It is not the flimsy sort of instrument one is afraidto touch for fear of harming.

And for a person who wishes a moderate pricedplayer-piano, this studio style offers specialattractions.

The piano itself, which may be played willOf mm-

out the "player," is a remarkably sweet-toned instru-ment. The "Studio" style of case is rnahoganv- finishedel a size which "tits in." And through a larg^ ttiumc-

roll library the same wide selection is open to the

possessors of the Autopiano as to those of more costly

player- pianos..More elaborate styles of the Aiitop-.auo up In!•\u25a0•

Piano Store, First Gallery. New Bid*

GRANITE STRIKE NEAR END.Quincy, Ma?s.. Feb. 17.

—The end of the

Ftrlke in the Vermont cranite industry,

which hac forced six thousand men IntoIdleness during the last ten weeks, Is inImmediate prospect, according I<> h state-

ment mad» t<>-iiay by James Duncan, sec-retary of the International Granite Cut-ters' Union.

The employes arid mechanics at the yard

are Indignant at the charges. They Bay

the naval constructor has rushed work sofast at the yard that they have been un-able to perform their tasks a« they wouldhave liked to.

Charged by Naval Constructor Evansat Mare Island.

[By T<?l<-giaph to The Tribune.]San Francisco, Feb. 17.

—Naval construct-

ors ut Mare Island state that the .-team

pipe explosion on the torpedo boat Hopkins

was accidental, but they also say that ,it-

temptS were made to disable the torpedo

boat Stewart before she left Mare Island.Naval Constructor Evans had charge of

the repairs of both torpedo boats and statedemphatically to-day that the boiler.- of theStewart were tampered with. He ha.- inhis office holts, files and other mat< riiiwhich he says were taken out Of the tubesof the St<-«art.

Kansas City, MO., Feb. 17.--The coldestweather of the winter prevailed in West-ern Kansas. Colorado, Wisconsin and parts

Of Wyoming to-day. The cold was alsosevere in Oklahoma, Texas and other por-tions of the Southwest. Jn Colorado someof the mountain districts reported as muchas 30 degrees below zero.

AmarlllO. Texas, Feb. it. B. P. Green, ano,k island brakeman, was frozen t,. leathlast nisht in a blizzard, w. R. Breeding,

conductor of » work train, is also believedt"have perished in the storm.

BOILERS TAMPERED WITH.

Cincinnati. Feb. 17.—Cincinnati lies und*»reighteen inches of snow to-night, the

heaviest fall recorded in twenty-five years.The streets aio almost impassable.

Reports from Southern and WesternOhio pay twenty-four niches of snow ispenera!. Traffic is demoralized. SouthernIndian?, lower Illinois, parts of Kentucky,West Virginia and Western Pennsylvaniareported sleet. Tn the latter region theweather became dear and colder late to-night, removing fears <>f a flood.

Memphis. Feb. 17.— Two inches of sleetfell here during the night, and it was stillsnowing to-day. In Northern Mississippi

and Central Arkansas practically the sameconditions prevailed, while the extremenorthwestern section of Arkansas reports a.snowfall of ten Incnes.

Practically no freight trains are moving,

thousands of cars being held here, at Buf-falo. Youngstown and various divisionpoints.

Train Service Demoralized —

-Cold in the West.Cleveland. Feb. 17.—A gale, ranging in

velocity from forty to sixty miles an hourand bearing with It a heavy snow, has de-moralized traffic in Northern Ohio. Pas-senger trains on the New York Centraland Pennsylvania lines are. running two to

four hours iate.

BLIZZARD TX OHIO.

"'Stand pat' or unprogressive Congress-

men must bear the high eoj=t of living, forthey only have had within their hands thelawmaking power to apply the remedy."

Anti-DalzellCandidate Blames Speaker

for High Prices.fPy Telegraph to Th*1 Tribune.]

Pittshurg, Feb. 17.—Clarence V. Tiers.

who is opposing John Dalzell for the nextCongressional nomination, under the date ofFebruary 14 wrote an open letter to Mr.Cannon, in which he accuses the Speaker

of responsibility for t he- hi^'h food prices.He declares that the Speaker is responsible

for the failure of Congress to take someaction to reduce the cost of living.

"For the legislative action necessary toright this great and growing wrung of everincreasing high prices." sa\s Mr. Tiers,

"the suffering people Of this country nerdnot look to Congressmen whose ofhvial rec-ords for the last twtnty-two to thirty-five

years may be summed up in the two words,"standing pat.'

HOLDS CANNON RESPONSIBLE.

Cincinnati, Feb. 17.—A new high recordwas made to-day in the hog market. Pricesjumped to jrt 40 for top grades and $7 forthe lowest grades.

New Missouri Records— inForty Years at Chicago.

Ft. Louis. Feb. l,._Thf> price of liveho*? at the National Stock Yards this af-ternoon went to $9 61 a hundred poundsThis v.-as 30 cents higher than the recordsince the market was established.

Chicago. Fob. 17.—Uv7 ho at the stockyards to-day touched a price unequalledsince IS7O. t

selling at 59 10 a hundredpounds. Continued light receipts for sev-eral months at the packing centres andreports of a scarcity of hogs on the farmscalled out prophecies that the $10 marktouched in 1870 may soon be reached.Until 10-day the record hog price for fortyyears was $9 35. made in 1882. War timeprices or hogs in 1865 were $1325:

St." Joseph, Mo., Feb. 17.—

The highestprice ever paid for hogs on the local mar-ket was that of to-day s910 a hundredpounds.

TEN-DOLLAR HOG IN SIGHT.

physical test, with an aye f-«\u25a0 wt

of 1.000.erafrP

He says 111I110 1 he eats p,

x to e'*ht' egg*,all fruits and vegetables in season anddrinks three pints or milk dally; but rat?no meats. Since adopting this diet ho Hasnot gained in fleeh. but in endurance. ll*has been An athlete for nine years and as-sert* that he can run greater distancesand has greater staying pew* than whenhe ate meat.

'1 riidn't tell them anything."

"Did you tell the parti' ipanfs in thereformed pool that you had sold all butI.7<mi shares of your Individual hold-ings?"

KEENE CORRECT? HIMSELF.•Iwa:* wrong there. Ihad about 1,700

left over."

"Then you had no individual shares

left?"

1 should certainly say it was my bet-

ter judgment not to go on.""When the first pool was reformed

what whs said about your 6,900 shares?""Ididn't have them. T sold them after

the closing of the pool."

"Then you were persuaded against

your better judgment to go on with thepool?"

"1 thought it was imprudent to go on.1 told them the stock was t^o i'igh. Butthey insisted."

"This went on until June 1. There wasa bis? .market then in the stock, with allthe pn°l members and their camp fol-lowers dabbling in the stock. The pool

had 6,000 shares, at a cost of 35, to the

best of my recollection Icould havegiven them a profit of $2r><>.OOO ifIhadhad a reasonable time in which to closeout

"Not at all. Iconsented, under tre-

mendous insistence, to go back into thepool. There was a good market, pome

shorts and a preat deal of fever. Imadep new stipulation that I should be en-

tirely free, that my stock should be free,

that Icould sell itat any time and to

any one Iwished.

Pool No. 1 was closed out some timein the latter part of last April,according

to Mr. Keene's best recollection, becausehe thought the stock was too high. Hetestified that because the other partici-pants were so eager for more of theStock Pool No. 1 was extended, and he

consented to re-enter it."When the pool was rehabilitated It

went on under precisely the same agree-ments, did itnot?"

"You are failing to take account of the

items of stock received where no name isgiven, and your question is misleading."

broke in Edmund L.M*oney, Mr. Keene"scounsel.

Mr. Keen* asked to see the entries

Where no names were down, and Mr.

Wolf read off a number of purchases,

with their dates, aggregating 26,300shares, and then turning to the "sold"side of the transcript read off sales

.amounting to '.10.200 shares. As eachitem was pointed out Mr. Keene an-swered "no" to the question whether thename of the purchaser or vender ap-

peared. Mr. Wolf pointed out that theseentries represented an excess purchase

of 10,100 shares for which no name was

given."Why. those items were all condensed

by the bookmaker," said Mr. Keene, andeverybody in the room laughed, though

the witness seemed unaware of his slip

of tongue.

"These stocks were all purchased in

the ordinary way,' he continued. "My

bookkeeper has simply condensed the

items by leaving out the names of theparties dealt with."

Mr. Wolf told the witness that in the

statement of stocks in Pool No. 1on Jan-

uary 19, the date of the collapse, a short-

age* of four hundred shares was shown.

Mr. Keene said he had no recollection ofany shortage.

. "Pool No. 1 account shows that theparticipants received from you 46,700

shares, but that 46.300 were received by

you. a difference of 400 shares, not ac-

counted for.""Ican't answer that question now. but

will let you have an explanation at the

next hearing."

CALLS QUESTION MISLEADING.

Mr. Wolf then read some more book-keeping items, and wanted to know if

there was any significance in the fact, as

shown by the figures, that the pool mem-bers continued to receive from Mr. Keeneabout double the amount of stock that

he bought.

"Alldeliveries were made to Lathrop,

Raskins & C0.," he explained, "but thesales ore recorded without names be-cause they were made for a short time."

"Suppose Ibought 5,000 sharps at $160a share." he went on. "Imight hold

them a few days in suspense and then I

might buy 2,000 more shares or sell

some. We were dealing in a small stockand had to keep it moving to keep it

alive."

HELD'

POOL STOCKfC'nntlntitd from flrM pflßf.)

_j 1—— —

delivered. There was a good deal C-fbuying and selling1of Hockinc. just :>*.

there is a 'good deal of buying and sell-ing' of every stock on the exchange."

"You will find certain shares of stock

'bought and sold,'" said Mr. Wolf, "with-out any name being entered."

"Every share of stock purchased was

sent" within a day or two to . T.Hthrop.

Haskins & Co.. and they paid for it."said Mr.Kcene. "Then th" stock so pur-

chased was aligned by me to the differ-ent members of the pool."

Counsel tried by repeated questions toget Mr. Keene to admit that stock hadDeen sold by him for which no name •>£ a

purchaser had been put on his books.Mr. Ket:nc insisted that all sale itemswithout names were merely deliveries of

stock to L,athrop. Haskins & Co. forpool account.

Says He Has Gained in Endurance by

Abstinence.[Bj Telegraph to The Trihun* 1

Baltimore, Feb. 17.— Edward Novak, astudent at Johns Hopkins University, whobecame a vegetarian two years ago throughreading Shelley's poems, stands at thehead of his class of fifty-five men in the

ATHLETE EATS NO MEAT.

Chicago, Feb. 17.—Michael Ryan, presidentnf the Cincinnati Abattoir Company, and

an organizer or the. American Meat Pack-ers' Association, was a witness before the

packing inquiry to-day. After leaving thejury room Mr. Ryan said that a shortage

ef crops and the raising of too few ani-

mals lor slaughter were responsible forpresent high prices of meats.Mr. Ryan said that the annual fale ef

meats amounts to about 11,300,000,000, ofwhich 6fi per (-ent Is sold by the independentdealers \\" added the meal businesswas so great that it was impossible for any

one organization to control it absolutely.

A prediction that the pri''e of meat woulddecline to a normal basis within a year ifthe coming season's crops are plentifulan-1if more farmers would raise livestock wasmade h\ Mr. Ryan.

Officials Throve Light on Or-ganization in Missouri.

Jefferson City. Mo. Feb. P.—Qompetttjaa

rather than combination or agreement

among packers fixes the prices of meats,

according to testimony of packing com-

pany officers given to-day before Special

Examiner Dillon in the Investigation into

the methods of the nine packing companiesdoing business in Missouri.

A general denial that price? are fixed

at meetings of representatives of the com-

panies was entered by the three witnesses

examined during the day. G. W. Armour

and C. H. Hodge, of Kansas City, president

and assistant to the president of the Ar-

mour Packinc company, and G. F. Swift,

Of Chicago, in charge of the hog packing;

department of Swift & Co.. were the wit-nesses' examined.

Swift said that Swift & Co. of Illinoisheld stock in the Schwanschild & Bulz-her-er Company and also owned, through

the estate of his father, G. W. Swift,

57,000,000 in stock of the National Packing

Company. of New Jersey.

He said that Swift & Co. of Maine and

Swift &- Co. of West Virginia are sell-ing companies for the Illinois company, to

which all business and dividends arc re-

ported.•Hodge testified that the Armour Packing

Company and Armour & Co. of Illinoisslaughtered cattle, sheep and hogs to the

value of $115,000,000 during 1909.

PACKING INQUIRIES.

Exhaustive Inquiry Plannedby Senate Committee.

[From Th» Trlbun* Bureau. 1Washington. Feb. iT.

—Under the direc-

tion of Senator Lodge, an exhaustive in-

quiry into the cost of livingwill be begun

at once by a special .Senate committee of

seven members. This Inquiry win be

pushed as rapidly as possible and an ef-

fort made to submit a preliminary, if noc

a final, report before the adjournment of

the present session of Congress. TheInvestigation will be mnde under the

authority of the Elkins resolution, which

was adopted by the senate last week.

Vice-president Sherman to-day announcedthe appointment of the following commit-

tee to make the inquiry: Senators Lodge,

Gallinger. MoCumber. Smoot. Crawford.

Simmons and Clarke, of Arkansas. Sen-

ators Simmons and Clarke are Democratsand their appointment was recommended

by Senator Money, the minority leader.In announcing this committee Mr. Sher-

man made the following statement:

After the resolution was adopted. *}££of « our.- was Senator Elkins s resolution,

the Senator came to me and asked that I

should not appoint him <*«*™?*lo*££1o*££

committee Of course, the custom is underordinary circumstances that the Hitrod cer

of a resolution Providing for a oo^rniueebe made its chairman. After the Senatorexpressed himself as unwilling to assumethe chairmanship of the comr.tt<*.£«-cause his other Senatorial duties WOttMnot permit him to do justice to thte com-mittees work and to them. 1 M*J*!g2ifhe would not serve merely as a memberof the committee, and even this he felt

that he could not do. and at the same timeproperly perform his other pressing Sena-

toriai duties. Ireluctantly eliminated his

name from consideration.The committee has full authority to make

an exhaustive inquiry. It is empowered to

summon witnesses, take testimony, employ

experts, send for persons and papers, etc.

Th* inquiry is to cover increased cost of

living since 1900, and special attention isto be given to wages, salaries and earnings

and whether the increase in them has kept

pace with the increased cost of living. In-

creased prices of such articles as meat

grain, steel, iron, leather goods, boots and

shoes, farm implements, rents, cotton, wool.clothing, lumber, coal. oil. brick and cement

are to be investigated and report madeon the price to the producer, the whole-

saler or jobber, the retailer and the con-

sumer. The committee is to investigate

the cost of production and distribution of

these articles, the prices of food products

on the farm, their wholesale prices at thetrade centres and their retail prices in the

larger cities.A report is to be submitted to Congress

with suitable recommendations as to

whether the articles have been increased in

price by reason of the increased produc-

tion of gold and the expansion of the cur-

rency of the United States or by the tariff

or by other legislation by Congress or by

any monopoly, combination or conspiracy

to control, regulate or restrain interstateor foreign commerce in the supply, distribu-tion or sale of such articles \u25a0

ON COST OF LIVING.

LODGE IS CHAIRMAN

ADVANTAGES OF NEW PLAN.jjr. 188831 taid he had no fear sf the

ront-equ^nces of the adoption of the federalincorporation plan, although it was so com-prt-heJiFive and perhaps revolutionary. n«<^id not believe it would permit gr^at cor-poration? to eaeapt the inhibitions of the2p.w. H* hid no doubt it would promote•svfco'et-crne pobllcitjr. Inconclusion he paid:

\u25a0 b»lieve, therefore, to summarize. thHt

th^re it no question whatever about theauthority of the <> d^rai Congress to pro-vide for the organization <•• commercial

The result is altogether anomalous. A«-f>rj>or*uon organizf-d in one stat< vand•-npaged in business in a border city 01that Stt t< h*«s no richt as a matter of lawto cross th* boundary and to transact"liUfinVts in the *ist«>r Ftate. Two cities toall intrnt* and purposes one commercialr»ntre are gov«rnea by distinct «-r»d«'s oflaw, and ,•. and the tame business or-ganization txists in one ps a matter ofrirht nd may be excluded from theother si any tim« as a matter or law.< rrpcrations" orcanizfd 'state authority*-ntf>r oth«-r states at the risk d being ex-;i*!!ed at srjy jime. of --*.'-|..c t>,e;r propertyput on 'he- market and the co*v3 'willvrich they have built up destroyed with-out co;iir»tnsatior». Regulations made inf>n«- '-\u25a0>,' *»s to the character of thejrofiurt to \u25a0t. .•>.-. tnay be. and often

\u25a0tic. in ronfl with similar repulatlons inother MKtw that constitute a ready marketfor the came concern.

A change «>: attitude retarding the rela-

tion of national to state authority, he be-lieved, had cor.ie over the country with the

«!rvelopinent of problems too big for the

states Individually to meet."Among the more important problems."

J-.e f-aid, -appears to be the question ;

whether or not the national government jtt.b- and should authorize and regulate the jorganization nd conduct of federal cor-porations. Only a few years ago the bare

suggestion of F'Jeh an idea filled the public

-with dismay. The authority was deniedfind the policy was questioned. To-day tie

irreconcilable conflicts to which ordinary

business organizations are subjected in our

states have forced a general recognition

that something must be done to relieve the

rituation. The id^a is not limited to any

particular locality of our country or to any

*recial class. From all parts. Bast andAVest, North and South, city and country.

J come easjsßjtfcHH that some relief upon

th"?" line? 'must be worked out. The

proposition has now been squarely put be-\u25a0, the country. The President of the

United States has made a distinct rccom-

inendation in p. message calling attention

sto the needs and submitting for considcra-\u25a0

lion a form to which legislators and con-

si•

.•• •- -nay give n,«r attention."'

The r.»ed and purpose of federal controlof corporations, the Secretary paid, be be-lieved to he "simply to place a privatebusiness company in its commercial activity.precisely where the Constitution undertoa.s

to put *.he citizen? of the United States.

The purpose is to organize companies thatmay engage in Interstate commerce under

; regulations fixed by th" federal goyern-i \u25a0SBBt and free from the unnatural and un-

\u25a0 «>ronomical embarrassments which so far\u25a0 any state ha been at liberty to interpose

Mr. Nacel began his address by saying

that '.' impression seemed to prevail that

in matters of legislation the national gov-

ernment is encroaching on state sover-eignty. This danger he believed to be ex-£Egerated. especially with reference to the

federal incorporation bill. The questionsarising he stated as follows:

first—

Has the national governmentThrough Congress the power to authorizethe organization of federal corporations^

Second— What arc the conditions thatsnake legislation of this kind advisable?

Third—What would be the more markedconsequences of such legislation?

NO DOUBT >\u25ba! AUTHOniTV.

Answering them, he said, in part:

The authority, which only a few yearsago would probably have bven denied with-out discussion, now teems to be doubledby very few. Indeed, it has seemed to mefrom Tsie Ftart that no one could subjectthis Question to a thoughtful consideration•without arrivinp at the conclusion that thefederal Congress must undoubtedly haveThe authority. From •- earliest i-a>e in\u25a0which the exclusive right of Congress to'rrguiate interstate commerce was consid-ered, it was mafic apparent that the au-thority to provide for the organization ofbusiness corporations was a necessary in-cident 10 the ex^rci?** of that authority.

But this conclusion was- not left to in-2>rence. because again and again theSupreme Court of the United States hasvsjd in terms that Congress has this power.3n the case of quasi-public corporationsihat p"ner ha* Vm^» exercised in the past'without question or doubt. In the ,-;;. \u25a0 ofprivate business corporations it has been£-.-•. without hesitation by the courts.

When it has been >«id that the stateshave neglected their opportunities, and_that in consequence the federal govern- |Ir/ient has been tempted to encroach upon' xhf.r authority, Iam persuaded that lit-

<harg" acainst th» states has pone too

far. Th« failure of the states successfully

to tope witii th*> conditions that have in-evitably ari.-eji in the development, of our

tcommerce is not to be ascribed to Jio^li-p^nce bo miu-ii as to ability.

The plain -md indisputable fact is that\h*> commerce of those orßanizatiojis withwhich w*- ar*5 really concerned has out-grown l«oth the boundaries and the au-thority «'t any particular state. Realiz-ing that we have a national commerce, wesr< naturally calling upon naiiotial au-thority to .-ontrol it and to protect it.

DEFECTS IN* PRESENT SYSTEM.

Mr. Xagel reviewed the embarrassmentssrisirsz from the present system, in which.y. said, 'each state sea the power to•occlude absolutely the corporate srgsni-

zatioa Of every other state, and lias- theprivilece of fixiti;? the conditions upon which*;ueh oofporatjon may \u2666•rter. as well theTim*, -\u25a0 it may have to quit," and ;1•-

ceeded:

Chicago. Feb. IT.—Secretary Naf.e! of theT*epartment of Commerce and Labor, in anaddress before the Industrial Club here to-

r.isrht. declared that federal control of mr-

poMtiona is necessary to the commercialpro;- parity of the country.

As to the power of the national govern-

ment to authorize the organization of fod-ersl corporations. lie said there could be

r.o question. The exi^rinj:system of clash-Ing state laws— "a .system SB all sides at

war with itself- he regarded as Intolerable?»;• \u25a0• he aistjred his hearers that a federalincorporation law such as President Taft

\ had proposed could make Cor nothing but

the general pood.

Taft Plan.

Out 'Advantages oftifissccrs Objection* and Points

A BRACERTHE MORNING AFTER

RETAWALSO CURES HEADACHE.Splits only. Not a Laxative.

15 cents at the bar. .Hole*?, Cafes and Druggists.

RETAW WATER CO.5 Whitehall Street. City.

ADVERTISINGPAYSNew York City.

j Gentlemen:our classified ad. in The Tribune

's drawing very wellAMERICAN HOME .MONTHLY.

HEAT PROSTRATION IN BOSTON.Dorton, Feb. 17.—The warm wave which

swtjit «ncr Boston yesterday had the un-usual record of causing a. heat prostrationin the middle of winter. Thomas Kane, miioctogenarian^ residing in Dorchester, whowas out walking, was overcome and re-moved to the City Hospital, whore me cutev.as diagnosed as exhaustion due, to over*exertion and high humidity. It is expected

that be will recover* .

Kingsley Martin. Bridge Commissioner,declared yesterday that it would be impos-sible for any railroad corporation to op-erate a line over the Manhattan Bridgefor at Ifan four months, and perhaps six.

Board of Estimate To-day Hears Man-hattan Bridge Proposals.

A lively contest over the franchise tooperate electric cars on the ManhattanBridge is expected to-day, when the Boardof Estimate will lake up the latest appli-cation of the Brooklyn Rapid Transit Com-pany and tin Coney island & BrooklynRaili«a.j Company for this privilege.

Th<-- Manhattan Bridge Three-Cent Ninewill contend that the proposal of the twoBrooklyn mnanJea to operate- /or a tnree-<rni fa.!> a surface road from Platbuahavenue to the Manhattan esdl of the bridge-la made only to kill off threatened compe-tition.. and that th« two companies willfind a m**ans of returning to their originalproposition, which involved only a brtdga-end '\u25a0' i'Udjse-end service.

FIGHT FOR 3-CENT FARE LINE.

"Are you invar*- that street railway com-pan!<\« owe the city $2,000,000 for pavingbetween the tracks?" asked the colonel.

Commissioner Outline rul<-d that thiswas not germane to the question before thecommission. Colonel Amory remarked:"You will admit that it is » very Interest-ing question." While admitting this, thecommissioner ruled that the hearing was

Colonel W. N. Amory put several ques-tions to Henry Floy, consulting engineer,v. \u25a0<. had testified that the cost of reproduc-ing the physical property of the company

would be $4»>.500,00O. Of this $1,500,000represented real estate or money expendedhi such a way as to produce property notsubject to depreciation, while of the bal-ance one-quarter should be deducted fordepreciation, leaving 530,000,000 as thepresent total reproduction value. Mr Floyproduced details of his estimates.

Colonel Amory sought to have Mr. Floystate" the average cost of converting a horsecar route into an underground trolley sys-tem, and asked whether Mr. Floy wasaware that the Third Avenue RailroadCompany had reported, under oath, that thecost of Its road and *v-|mpm«»nt had beenJ3.00n.000 a mile, but Mr. Floy was notprepared to ei\e figures in reply to the firstsue stlon and had no knowledge as to thesecond.

Commissioner Maltbie declared it was «matter between the stockholders; whose rep-

resentative. Leslie C l'erguson. had put thequestions. and the bondholder^' committee.

John M. Bowers, of counsel for the bond-holders; volunteered the answer: "It:is myund«»manding that the property will be soldon March 1. The bondholders* committee-expects to hid it in. and if they do theyexpect to carry out the plan of reorganiza-

tion just as it is now proposed, if this is atall possible."

Bondholders Answer Stock-- holders Before Malible.. '\u25a0..«' •\u25a0Will the stock of the Third Avenue Rail-road system be wiped out by the foreclos-ure .sale teed for March 1? If so. what is

the .object of a hearing to determine upon

the plan of reorganization submitted by the

landholders' committee?" These were thequestions submitted to Commissioner Malt-.bie yesterday at the close of a session In

the hearing before the Public Service Com-mission for the approval of the reorganiza-

tion. -.

THIRD AVEXVE PLAN.

Diplomatic Appropriation andModifying Criminal Procedure

[From The Tribune Bureau.]Washington. Feb. 17.—The Senate held a

lone: session to-day and transacted consid-erable important business. Under the skil-ful leadership of Senator Hale the diplo-

matic and consular appropriation bill, car-rying upward of $4,000,000, was passed in

less than an hoar. All the amendments ofthe Senate committee were adopted. Theonly new matter inserted on the floor wasan amendment appropriating 550.099 to en-able the United States to send an exhibitto the international exposition which is to

be held- at Vienna, beginning in May.

Before the calendar was taken up Sen-ator Bourne made a long speech in favor

of the Aldrich bill for the creation of a.body to in- known as the government busi-

ness methods commission. He pointed out

the preat need of economy in public ex-penditures, and said such economy

would be Impossible until a co-operativeplan for transacting the business of thegovernment had been worked out by theexecutive and legislative branches.

An important bill passed was the Com-mins measure to modify criminal procedure

of the United States, so as to bring an in-dicted corporation into the proper districtlor trial. Mr Cummins accepted the Hoot

amendment requiring the judge of the dis-trict in which a corporation has Its prin-

cipal office to indorse an indictment foundby a court in another district before the

indicted corporation shall be held to an-swer to the indictment.

BILLS PASS SEXATE.

Mr. Bryan's return at that time doesnot mean any essential change in hispreviously arranged programme, except

so far as concerns his active support ofcounty option, which political lenders of

all parties say will tend to widen thebreach between him and men prominent

in the Democratic party of the state.The further statement was made thatBrya&i arranged his present programmebefore he left Lincoln last fall.

WillDevote May to Work forCounty Option.

IR> r*lttl«l*to Th» Tribune.]

Lincoln. Neb. Feb. 17.—William J.

Bryan will return to Nebraska aboutMay 1 and devote the greater part of

that month to a political campaign in

his home state, chiefly in the interest of

county option. This was the statementmade to«-day by his friends, and was in

the main confirmed by his brother,

Charles W. Bryan.

A BUYAX CAMPAIGN:

- —r*~•—

:corporations which may be equipped ir>;lelifgently to develop fionieMic coining <.xand to promote our interests in foreign

countries. \u0084,

Ihave :iO question that the existing «.-

U*n. which on nil does is at war wltnItself, has l»eeome intolerable and

';'

nothing hut the untold wealth of our «•onn-try can account for our ability to honourown as long as we have under these cooditions. \u25a0 rt _\u0084r hIam persuaded that the creation <«»«™r"

corporations. Immediately refponen' ;™

authority which can deal with hem on.vi

sides, will make only for good, fata™'•»•

and continuity art. absolutely essentialto successful commercial "H*"***™1

-u«tconcern that enters upon "J*""'"„-..? to

know that It may re««on«tt> expext odevelop under an accepted K\«£»4uieSthat m long as it conforms to the_ rules

or admitted authority It «j» *f.,\*'^i^ieuro and protected, even n*» £»' a,^ "0-10 account promptly. vigorous!? and relentlessly so son,, as. In spite of the pi«

tection which has been accorded, .1 per

sisi? in Its offence.

The Autopiano StandsIn a Class By Itself

TheBreakfastQuestion

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Makes Breakfast a Success