davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
nrrEEa rN ooNrEMFr.
Ne Rsfasss 70 Tsii what was IN ne codioil
~ \. y. F-ayerweather,a VIII.

OK h Ne AINNWNt
Prescott Han Butler was declared In con-
tempt Of court yesterday afternoon ~
United States Circuit Judge Lacombe for re-
fuslnr N dlvulre. az he had been ordered to
do BIZ the court, the contents OF q codicil TO
the m~uch-eoutested will OF the late Daniel b.
F~ayerweather. At the suggestion OF William
BlaikIe Mr.. Butler was peroled in the CUSTODY
OF his counsel. Joseph II. Choato. until this
morning. when he win appear In court 70 sue
out a writ OF error 70 the United States Circuit
Court OF Appeals.
Judge Laeombe's order which Mr.. Butler
failed to obey was made last Saturday In the
suit Of Emma s. Fayerweather and Mary W.
Achter. nieces and next OF kin to Mr.. Fayer-
weather. against Thomas q. Rltch. Justus l..
Buckley. and Henry b. Vaughan. executors OF
Mr.. Fayerweather's will and codicils. The
complainants are seeking to show the contents
OF a codicil. alleged TO hhye been burned. which
$S.0O000o, Prescott Hail Butler drew this
codicil. and he claims exemption from telling It's
contents on the ground that the aoenm hIm Mcs
judge SIacombe ruled that "when a docp-
andth counsel may as properly testify as TO
fhS SSn sSoS co oS %sg aH NJ. 2 Baticr w shSaid T Sno
swer, II he knows. as to whetheror not a paper
B B %SScsas Sy him In t aS f pgsssseS S 81 aat tSSt sa9 Risl
nesses, and. II be knows, hs should state the
contents Of such published document"
At a hearing before Commissioner Shields,
acting as Master IN Chancery. yesterday After
noon, Roger NJ. Sherman. who appears with
William Blaikie az %Sounsei for the compl9in.
showing him Judge .Lacombe,g order. asked
him u he drey the codicil. MT Butlergaid that
he did draw the codicil. and that he know Its
I" / ask you to, state the contents Of that
Mr.. Choatel replIed for his clients: Under
advice and for the, purpose OF getting q de-
cision from the Circuit Court, ol Appeals upon
the question Of privilege. and because. OF such
privilege, he declines TO answer; and further
states, that upon the occasion OF executing the
codicil Mr.. Fayerweather mad no communica-
codicil or any part thereof"
Commissioner Shieldg certified to Judge La
ont be that Mr.. Butler had refused TO- answer.
full contempt" and ordered that he be turned
over to the custody of United States Marshal
Henkel, until. no shall purge the said con-
tempt by making answer to said question by
stating the contents OF the paper referred to-
AS already stated. Mr.. Butler. at Mr.. Blalkie,s
suggestion. was not turned over to the Marshal,
but was paroled.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
The Renegade.

Do not forget the Democrat in New York
who vies with Mr.. RICHARD CROKER In
the shame Of attempting to subdue and dis
grace the State judiciary. He Is the Hon.
AUGUSTUS VAN WICK, the n of the Croker
twins who is running as the Tammany can
dldate for Governor.
Although himself, up to the time Of his
nomination. a member of the Court from
which Tammany would eject Judge DAILY,
bound in honor to protect h ebench against
all assaults upon its independence, and, in
such an issue as that between Tammany
and the Bar, to be found upon the Bars
side, Judge VAN WICK seeks to hide the
shame Of his silence on the judicial ques-
ton under stump talk over the canals and
the Raines law, and actually leads the
party Of court coercion.
What the Empire States Judges would
become with such arenegade to the benchas
Mr.. CRoKER's agent in the Governors chair
in Albany shocks the mind to consider.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
Tweed and Croker.

To THE EDIToR OF TIE BUS-Sir: It must have
been in Q moment Of extraordinary Self.forRetful-
meas that Mr.. Richard Croker attacked Elihu Root,
one Of the acknowledges leaders OF the bar. for hay
ing been the counsel Of the late leader of TAmmAny
Hall when in trouble. William II. Tweed. At the
time Of the Fassett investigation. whom Mr.. Croker
considered 1t desirable to engage counsel. he followed
Tweed's course in obtaining the best possible,
choosing Mr.. Joseph II. ChoGte and the Hon. W. Bourke
Cochran. each OF which gentlemen he has since de.
nounoed personally AZ he now denounces Mr.. Root,
and each OF which gentlemen was concerned. with
Mr.. Root, viii the great public protest against Mr..
CrokerA TAmmADyiEAtion OF the courts.
Mr.. Croker Is beginning to alter his former bear
ing and make himself ridiculous. o.
Kew ToRK, Oct. 25.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
Face the Issues.

To THE EDrroR OF TEE suN-Sir. Involved a. We
still are In . war with . foreign nation. the issues
and results of which are OF the most tranSeendent
importance to us and tho world. the Democratic sock
10 ignore them as being matters of far IeSs I'm.
portAnce than the question Of BtGts expenditures.
Tho OOmmercs and trade OF the west Indies and the
Pacific Ocean and the Orient are nothing Alongside
the mOmentous fact Of waste money on the Erie
Canal.
They may succeed In d~eceiying their followers. but
the fact remains that their success In the coming
elections would bring cheer 10 the heart Of the Span.
iardG. and would be regarded By them Is . rebuko TO
the Administration and to It's policy in this war.
NEW YoRE. Oct. 20. JoHK !. HkxrRA.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26

".HN..L
monitors. "When engaging the batteries
Of San Juan it was evident that their
Bhooting was very bad. Owing 70 the
quick rolling Of these vessels even In
q very moderate sea, they were unable to
fire with any degree OF accuracy This
conclusion greatly restricts the sphere Of
the monitors, since It makes them unfit not
only for cruising but for fighting in rough
waters, or even In a very moderate sen.
When tho Amphitrite went on her trial
trip, her heavy guns were tried at q range
OF three-fourths Of a mile and showed
themselves accurate at that distance, In
spite Of the roll OF the sea; but the battle
test reported by Admiral SAMPSON must
be considered much moro decisive.
Are monitors, then, henoeforth q discred-
tied type1 Not at all. Many battles are
fought in q light sea, and for harbor de-
fence the monitors, regarded as movable
forts, are rs efficient as they were ever ex-
pected to be. The old charge Of unsea-
~worthiness has been disproved by abundant
experience, and in fact there is q current
demonstration on that point in the presence
OF the Monterey and Monadnock In Manila
harbor. Yet while these vessels and those
that were used in the West Indies were OF
great value in IN emergency this year,
the uses Of this type will probably become
more and more restricted as our other ar
mored vessels become more numerous. The
four new vessels seem to look mainly to
use in homo waters, for they call. we think,
for only twelve knots. and a coal capacity,
with loose stowage, OF 200 tons. Yet, they
could 60 to Porto Rico or the Philippines
for station service there, and their heavy
guns and low freeboard would make them
valuable both In aggressive and defensive
strength. But with ten modern monitors,
the Amphitrite, Arkansas, Connecticut,
Florida, Miantonomoh, Monadnock, Monte
rey, Puritan, Terror, and Wyoming, built
or building. we may expect nc new authori-
Nations Of such vessels for several years
to come. p
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
AoUEDUCr CLA111s uNrA1p.
New Comptroller Seeks to Upset the CIty'S
Arrangement to Pay S7OO, 900.

New Comptroller Seeks to Upset the City'S
Arrangement to Pay $1,000 zoo.
The city moved. through Assistant Corpo.
ration Counsel Charles Blandy, before Justice
Pryor Of the Supreme Court. yesterday. to set
aside judgments confessed against the city in
favor Of Joh O'Brien, Heman Clark andiwal.
ton H.. Brown. as receiver for Brown. Howard
& Co. aqueduct contractors. for amounts az.
gregatinR 100000. The judgments were
confessed by Corporation Counsel Francis NJ.
Scott on Dec. 81. 1897. Just before ibis term
expired and before he entered upon his duties
as Supreme Court Justice. for which office no
was the Tammany candidate In 1897.
Mr.. Blandy said ct the outset that no refec.
lions on Mr.. Scott were intended. Corpora.
ton Counsel Whalen and Comptroller Coler
had thought that these large judgments should
not be paid until the court had ruled upon the
matter. He made the point that as all the
courts had decided against these claims the
Corporation Counsel could not confess iudg-
ment. He. explained that one OF these suits
was tried before Justice lngIaham in 1Seaas
could be had for only s$26;966. which the chy
the Court Of Appeals. and was affirmed ali the
was $8aOo,9 C9 Gertifestes were obtained
~ 1SAAAe vi SAAS ~SeAS VA BoA ~ A4@ Cd hHl
from Justices Ingraham and Van Brunt that
the contractors had equities.for work done, al
though they could not recover Several Of
forts were then made to get bills through the
Legislature to award the contractors different
amounts. but none Of the bills passed, Cor.
p~oration Counsel Scott before contrasting these
judgments received opinions from Messrs;
Carter. Root and Fox that the contractors had
shown that they were entitled to more money
than the law would allow them. Mr.. Blandy
said on the argument:
We are confronted with a conviction tina.
the consideration for these Judgments was IL
legal and that they should be set aside"
MIR. Blandy commended that the city could
not confess judgments to purchase It's peace
from further efforts to get bills through the
Legislature. and couldP not purchase its peace
from lawsuitssthat all the courts had held could
In opposition L. /. Kellogg said that other
suits aggregatinR $3,0OO.00O were In contem-
plation when the judgments were confessed.
Justice Scott made ar affidavit In which he
said that the judgments were confessed in good
faith. as he then believed and now believes !.
was to the. interest Of the city to pay the
$7O0.OO0.. Before the entry of thejudgments.
releases had been received from the contrac-
tors.
Justice Pryor spoke as, II he. believed the
Corporation Counsel had the right to confess
the judgments. but he reserved decision.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26

iority Of his colleagues decided to take the
steps preliminary TO q retriai Of the CON
demned onicer. The question whether
there was primo 6dcie ground for orderinga
new trial OF DREHYUs was referred to q
commission Of six members, half Of whom
were Councillors Of the Court Of Cessation,
while the other half were Government
officials. The commission reported that IL
was equally divided touching the proprlety
or expedlency Of the proceeding suggest-
cd. Conforming to q precedent which had
been established under similar conditions,
the Ericsson Cabinet held that the eQunl
division Of opinion on the part Of the COM
mission left II at liberty 70 follow lie own
Judgment, and II accordingly instructed
the Procureur-Gensral to submit the papers
In the Droyfus case to the Court Of Oassa-
ton In order that this tribunal might do
termine whether q new trial OF DREYFUs
should take place.
It Is important to bear In mind that
the judicial machinery, having been thus
put In motion, cannot be stopped. nc
matter what changes Of Ministry may
occur. Should the Court OF Cessation de-
eide that there is no ground for q retrial Of
OHbIEODn uib lIiCAiuo luuy 40 WOh lOhOuiSo
all hope, until evidence Of his innocence
moro conclusive than Col. HENRY's On
fession shall have been brought forward.
Should the Court Of Cessation, on the other
hand, nnoun that there Is ground for
n revision Of the sentence passed on Cap
tain ALFRED DREYFUs, no power in France.
short of q revolution, can prevent q second
trial Of that officer by court-martial. It lie.
nevertheless, obvious that, should the
Brisson Cabinet be succeeded by q Minis
try resolutely opposed to revision, the
members Of the new court-martial may be
chosen from officers hostile to the accused.
It would still remain to be seen, how
ever, whether tho second court-martial,
like the first, would violate the essential
principles Of Justice by conducting the pro-
ceedings behind closed doors and by basing
the sentence upon documents not submit
ted to the inspection Of the accused or Of his
counsel. Even such a violation Of justice
might, however, be overlooked and con
doned, II at the time the attention Of the
French people were anxiously concentrated
upon a war with q foreign power, and 1t is
only the knowledge Of this fact that could
tempt an anti-revislonist Ministry to make
the Fashoda incident q pretext for plunging
their country into a naval contest with
England which would be almost certainly
disastrous.
These two things should be borne in mind
distinctly by the observers Of the struggle
which has opened in the French Cham
Der of Deputies. The Brisson Cabinet did
not want war, because it had no wrongs to
cover up, and was only seeking to further
the triumph Of truth and justice. The anti
revisionists, on the other hand, have reached
such a pitch Of desperation, since the ma
chinery Of the Court of Cessation was set
in motion, that they might prefer to wit
ness o war or a domestic revolution sooner
than a drastic and far-reaching investiga-
ton Of the Dreyfus affair.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
MORE BANK ExAMrNArfovs HERE
Comptroller DAVE Orders That They Be
Mad Semi-AnnualIy in Cities.

comptroller DnWeo Orders That They be
Made Semi-AnnualIy in Cities.
WASHINGTON. Oct. 2~5.-Charles G. Dawes.
Comptroller OF the Currency. has ordered that
he system Of seml-annual examination OF
national banks in effect in the country shall
extend over all cities without exception. as
heretofore. In the cities OF New York. Boston.
Philadelphia. and Baltimore only one oxami.
nation by national bank examiners has been
had yearly. and the custom had grown up Of
special examinations BY, the bank examiners.
made for the benefit OF the bank and not for
the doyer9ment, for which the eIamin'
One Of the, first official acts, of the new
Comptroller last january was to put a stop TO
this practice. on the ground that for an exam
inert accept employment in the examination
OF the same bank for both the Government
the rigid impartiality which should character
lie his work as a Government official. .,
The, Comptroller has appointed an additionaii
examiner for New York city In consequence OF
this order providing for two examinations, He
- Forrest Raynor, now private secretary OF the
Secretary OF the Interior. who has had an ex;
tensiye bank and business experience, ana
who for six years was the credit man and col.
lector OF the Fourth National Bank OF New
York city.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
80 LII sERr1cr nrrr.
The Court OF Appeals Makes an Imno,,.
Deciaion on Them.

.
ALBkSY. N. Y. Oct. 25.-Tnmm.n, p.r
civil service rules and regulations Cow
Ing appointments In the municipal ssrv,.a..
New York city need not, as they stand heU
proved by the State Civil Service Commiss,ap
ns required by the law OF the last Jos,','|
ture, which took effect on March n loo
This In the decision Of the Court OF Ann.,,e
handed down to-day In the test case NJ ca
Edwin Leet, appellant, against CommissIo..s.
OF Charities John w. Keller Of New Yort M
Leet was remove from oflce as superin,.s
dent Of the CITY Hospital OF New York oIt.
Commissioner Keller on last March n y, ~
his removal is affirmed by the Court q, y
penls. V
The law OF 1898. passed on March a
vided that the civil service regulations ~.
city must be approved by the State Civil C. &c
vice Commission before they becams
erntlve. Leet asserted that no was rsmo.ls
under rules which were not approved -
the State Civil sersice. Commission, AZ w ~
qfq%iITseSd, . b SoI tHe .b ISx f q ls Mas The CONT 81 q
". and that the, law Of 1905. does moi ,ss a..
ply to the. New York city civil serviceV .
Hlsthion .s SSseTt SO @o far as any changes Il
that Notwithstanding the law Of 1885" ~
present olvil service regulations Of New yoppee
sn6mitted for the approval Of the State g G,s q
Service Commission. but that any Nms Stl
ments to these rulee must. under the law =,
1883. be submitted to the State Commiss,lo%s
for approval, since the act of 1861 il not re ia
active. Judge Gray writes the opinion az ~
court t;bi Il P gSs R he Say York o,tv ,b,r,.r
sions contained n special and exclusive syst"n
for the classification and examination Of sn.
plicants for employment in the civil servicSs
and for fits administration. They maniiestsS
n deliberate intention on the part of the IASisal
lature to take the city Of New York ont oiths
general: Civil Service law of the State, ThsS
act Of 1898 wa prospective In its operatiioTS.
Seryloelaw OF the State. but while in terms'hh
applied to all the cities OF the State, II seems
to me that the present city of New York Wns '
necessarily left under It's particular system topp
the want OF APT ~anRuaGe to make the All
operative upon the charter provisions.
There. IN no repeal In express tel ms Of thu
language from which the intention can b bs mo noo
ferred that the act should have any applica.
ton thereto, The learned Justices OF ia
Appellate Division were clearly correct IN
their. opinion of the effect to be given to tia
act OF 1893. Not being o remedial statute. the
act OF 1858 should not be construed to operats
retroacttvely. but as operating only upon cases
which shall come into existence after It's pas.
civil service rules of the city must reseIyo
The approval OF the State Civil Service Boardt to
THE regulations OF the New York city Civil
Service Commission of March 5. 1898 Were
validity made. and being existent when the act
OF 1888 was passed. were in express terms rec.
approved by the State board, hence what hSd
been done under their authority was lawfulJ
done and was not Affected"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26

A singularly grotesque feature OF the
present campaign is made up by the Stats
ZeitunO. the Times. and the Evening Post. Each
of these three Mugwumps has. during the past
few years particularly. vehemently advocated
independence in politics. There is an indie
pendent ticket In New York. but neither oil
these newspapers is supporting II. They have
all sworn loudly that they were the immoyablc
champions of honest money. Neither Of them
is supporting the honest-money party. They
have all ragged against Tammany and political
bosses. Mr.. RICHARD CROKER. tho original
type Of q boss. is endeavoring to extend Yam
many rule over the entire State. but these
three newspapers are engaged chiefly in spit
ting at the Republican candidate for Governor.
THEODORE ROOSEVELT.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
A X difference.

There Is not a question now interesting
the public mind upon which the Republican
candidate for Governor, THEODORE RoosE-
WELT, is not ready to express himself; and
there is scarcely a public question upon
which the Democratic candidate, VAN WYoK
(AUGUsTUsl, is ready to say q word. AL
though both are striving to get at the same
goal, ROOSEVELT goes straight, in full view.
while VAN WICK sinks around by the by
ways, under what cover he can find.
We believe that the voters Of New York
are ofthe sort that will follow ROOSEVELT
in thousands more than will troop along
behind VAN WICK.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
CRoKER,s BLUNDER
It Pains His Bedfellow, Herr Ottendorfor,
WhO Fears It Will Hurt Van wyck. Too.
From az Staat.. zeitunn of Tue,dau.

VIM ~ u Will khuIG van "yCks 100
From ne Siaats-zeituno Of Tussdav.
incapaSity asa political leader. by putting the
t RSSp jndiSfaI e ,R g ,IRSsiti ss n to d PLAY the card az tS Of
which the Republicans would like to frighten
away voters from the Democratic State ticket.
mouth shut. but mol He had to explain that
many bE refusing to give to one OF the sour
T Ne o. TS : nm politicians h1r a place for which
tion about himself. Croker. but about lam
asenfsd Of fsylas prevented DAYS r;
not, allow himself to be dictated to BY
G GrOks in b matter Of appointments.
pretended distinction that &c was not he. but
Tammany. that was repelled, Just as II the dis
slightest degree set The fact rsA that Sae a judge is II to 'b be
right to al the court offices from the ranks OF
bs Ths a bi1EnlTsd fS sRoi l. e sySSt ct n. could no. be
shocking than Cookers methods In the matter
OF nominations. 1t must be conceded that he
faced decIaration Of the risRt to the sp II than than
Choate could effect by his criticism OF the
cciiseiyi bis oGtspoien coarseness that guarantees
1haf te Croker fSn, S caEes nothing hin :, for ! his critics and
desirable II might be that Tammany' should
suffer a setback. One may form an impress
SION, no matter how disagreeable. OF the
pharisaism OF the presiding genius OF tho
doubts whether the bar ia particularly well
fitted to Judge the judiciary candidates. There
can be no difference Of opinion. however. among
respectable men about Tammany's conduct in
therefore. were to turn over In o body to the
good thing.
What has this question to do. however, with
the decision Of the important State and national
questions which are at stake on the vote for
Roosevelt or for Van Wyck
Richard Croker attempted yesterday in a
long speech to Justify his refusal to renominate
Justice DAILY. We have. spoken of the affair in
these columns in detail. but wish to add that
Croker has not bettered his position by yester-
days utterances. Much OF what he has said is
true and correct. and has already been shown
to be SO by us. but no one ever proved thathe WINS
in the light by slanderinR the attorneys OF the
other side, and the more Croker talks the more
clearly he shows that, apart from all other con-
der,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26
scholars and Captain on the ct. Arary,s

To THE ENRON OF THE suN-Sir; We. the under.
signed, wish TO express our diSapproval OF several
articles which have appeared In some Of the New
York papers in relation to tho 'fBt. MAry's and tho
Commander" Bomo person. whoever he may be. Ia
1t fault. As Wo have served under Capt. Patterson for
the past eight months. and have found him Gas We
think . capable sailor man.
Past Naval Commanders have. with feW exceptions.
taken little notice of the cadets. while Capt. Pattsr-
son has given US better food than was ever before
known in the history OF tho ship. and he has also
treated US Ne gentlemen, and not as dogs.
The Board OF Education say themselves that tho
class OF 'DS, under the instruction Of Capt. Patterson,
was far superior 10 any class yet graduated.
There 10 some talk among the class Of 90, to the
fact that they will leave with their Captain,
We hope that the person who is casting sluru at our
Captain viii deSlst, ~ he has already reeigned, be-
cause heiS too much OF AgentlemAn TO stand in the
way Of the person who has been seeking command OF
the ship.
We DO this because We know what We arc talking
shout. and because We love our captain
NAUudLS OAOOGSHR b. KAHri. NEw Yo1I. oet IS.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-26

Mr.. SMITH, Superintendent Of the Public
Schools DIST. Paul. has hurled himself at eyo-
luton. Also at Mr.. HERBERT SPENCER. OF whom
he speaks in this courteous fashion,:
IAN old man in London who has built mp Q system
Of philosophy which will shortly be forgotten. He
will die in 4 few years and II shall not be said Of him
that he said one word or did one deed for the better
ment of his fellow men,"
Doubtless evolution is doomed II superin-
tendent SMITH persists in hurting himself at It.
It may occur to some Of the st. Paul school,
children, however. that their revered superin-
tendent should try to learn how to use shall -
and will" correctly before he makes any moro
revolutions against evolution.