davidaulloa/AmericanStories huggingface dataset:
The sun., 1901-06-08
HUNTINGTON LEGACIES JAJABJF.
Appellate Division Rcvcr,es Decision OF the
Lower Court Touching Certain Of Them.

Reversing the lower court the Appellate
Division Of the Supreme Court yesterday held
In q case arising under the will Of p Hun
ngton that all legacies to institutions are
subject TO taxation unless specially exempt
by legislative enactment The bequests to
religious institutions are excluded from this
ruling. The decision q the result OF the li,tls
Joker OF an act OF 1900. which, 1t Is said. was
slipped into the bill without attracting the
notice of any Of the institutions which were
enumerated In Section 4 OF Article !. OF tho
Tax law OF 1906 which the new law has made
subject to the transfer tax OF per cent
The residuary estate OF Mr. Huntington,
supposed TO be worth about 500 900. Is left
to the Cathedral OF st. John the Divine, which
Is exempt from taxation by the act OF moor
poration.
The following bequests were UP for con-
sideration in the present proceeding: Roose-
welt Hospital. $4,000; New York Society
for the Relief Of the Ruptured and Crippled,
s?o, 900 American Female Guardian Society
and Home for the Friendless. $40 900. and
praiser had found that the beQuests were
taxable but he was reversed by the lower
court, which held that the new law did NOS
remove such institutions from exemption
The Appellate Division declares that the
new law Ia explicit and states that institu-
tions in the section mentioned tSectlon =.
are not exempt unless exempt by special
statute The court finds that the tax OF
per centwas properly imposed on the Amer+
can Female Guardian Society, the Homo
for the Relief Of the RuptuIed and Crippled.
but says that Roosevelt Hospital and the
Childron's Aid Society are exempt by special
acts OF Legislature.
The sun., 1901-06-08

Justice Gaynor Issues One to Compel Him 20
Appoint -Four City Magistrates.

Supreme Court Justice Gaynor issued q
peremptory writ OF mandamus yesterday
compelling Mayor Van Wyok 10 appoint
four City Magistrates in Brooklyn In place
Of MagisHates Lewis r, Worth. Charles L.
Teale, Andrew Lemon and William Kramer.
whose terms, Justice Gaynor holds. expired
on May 81 last
Under a provision OF the new Charter the
Magistrates In Brooklyn are made elective
The Magistrates named above had their
terms extended TO Dec. 81 next The action
was begun by John J. Kelly, as q citizen.
who held that the law extending the terms
OF the Magistrates was unconstitutional.
and tho case OF former District Attorney
Backus was quoted. Mr.. Baokus had been
elected for term Of two years. The Legis-
lature passed a law extending his term to
four years. but this was decided by the Court
OF Appeals to be unconstitutional
In his decision Justice Gaynor says,
The term Of tho four City Magistrates
mentioned In tho petition concededly expired
on the last day of April. 1901. Thereupon
it became the duty Of the Mayor by man
datory provision OF ths city Charter to ap-
point their successors. The Legislature this
year. by the amended oty Charter, -pur-
ported 10 extend the terms OF the said Mag
Istrates until Jan. /. 1909. But this is vio-
latNc OF Section or Article OF the state
Constitution. which requires, in SO many
words that existing city officers shall be
elected by the electors OF the city. or some
division thereof. or appointed by such au;
thorities thereof as the Legislature shall
designate,
1t has so often been declared by our high
est court that an act OF the Legislature pro-
longing an incumbents term 10 an onice
which can be filed only by election OF APP
pointmeut "a prescribed In the said Consti-
tutlonal provision is in effect an appointment
by tho Legislature and. therefore, void. thai
a. "a not a subject for discussion. In respec.
OF the duty ~ the Mayor to appoint this act
OF tho Legislature IA as though 1t did not exits
and his neglect 10 appoint would aid the
Legislature TO override the Constitution and
keep officials illegally in Oflco.
Let peremptory writ issue that the ap-
polntments be made within two days
The four present Magistrates are Republt-
oans There was great 10y among Democrats $
Yesterday when Justice Gaynor's decision n
was made public The men who are spoken
OF as candidates for tho places are Frank +.
O'Reilly Secretary Of tho Democratic General
COMMITTEES. John Manner. William J.. Casey.
Donald Ayres. Alfred / Wheeler, John NJ,
Zurn and Thomas i. Farrell As soon as
Justics Gaynors decision was made known
TO tho Wiloughby street Leaders. James
shevlin. the lieutenant Of Hugh McLauEhlin.
started for Manhattan aud had conference
with Mayor Van Wyck.
The sun., 1901-06-08
Tho Canteen Question.

Additional light has been thrown on
the question whether 1t was wise TO abolish
the army canteen by discussion at the
meeting OF the Association Of Military and
Naval Surgeons last week in st. Paul. Dr.
LOUIS l.. SEAMAN OF this city declared
that not only had drunkenness increased
threefold as shown by the record Of court
martials, but he brought the more serious
indictm ent that immortality had increased
nearly 100 per cent. He furthermore de-
clared that the soldiers. only per cent.
OF whom are total abstainers from the use
OF liquor. had been driven into the very
exoesses sought 10 be abolished. and added
that the men. wlren compelled to get their
liquor away from the post. leave the
saloon for the brothel."
These charges should be verified easily.
The matter OF increase or decrease Of
drunkenness as the result Establishing the
oanteen has been regarded as one Of opinion,
but II the army records show a great in
crease in intemperance and alarming addi-
tons to the ranks OF the incapactated
through grosser evils there can be no ques-
ton that II Is time to reverse policy which
has been made into law through the zeal
OF the Women's Christian Temperance Union
10 promote the welfare Of the troops. There
would seem to be no sound reason why
men who wear the United States Army
uniform should be deprived Of personal
privileges held by other citizens.
The surgeons at the St. Paul meeting
declared unanimously In favor OF the res.
toration OF the canteen In the interests OF
discipline. morality and sanitation"
The st. Paul meeting clears the way to a
scientific study OF the question. No doubt
the War Department will collect and sys-
tematize data on this subject, the accu-
raoy OF which cannot be questioned
II IL should be shown that immortality
has increased. even should there be dispute
az to the growth Of intemperance, the
question Is taken Immediately from the
domain OF speculation to that Of fact and
there should be a prompt reversal Of the
present law when Congress meets, no mat
ter how excellent we're the motives which
inspired the agitation that resulted in
abolishing the oanteen.
The sun., 1901-06-08

b nearly half mile long: but several Of the
finest and most famous lakes Of Scotland sra
included within the limits Of . single estate.
II any Of our own country estates were -
large In proportion to our total area %
those Of Great Britain they would include
a. much territory as some Of the Kingdoms
and prncipalities in the German Empire.
The tendency in Europe. outside OF the
United Kingdom. Is TO divide the land among
larger number Of small holders and even
In Ireland, under the present land lawn
and on account Of the financial emoarrass-
ments OF some Of the large holders. the
number Of peasant proprietors has greatly
increased In the past quarter OF century.
Nearly all the large estates OF Germany
are now confined to the eastern half OF
Prussia and some OF them. heavily mort
gagged. are being parcelled out among
small holders. The German peasant has
become the owner Of the land he tills and
Is proving that he can make his small farm
yield heavier crops to the acre than are
grown on the large estates. his country
Is more prosperous because no has pro-
prietary interest In the soil.
This country Is not likely to suner from
any OF the i'll effects OF an excessive number
OF large estates. Our FIVE million farms
are one OF the strongest guarantees OF the
perpetuity of our nation. The eight NIL
lion landed proprietors Of France nave
sometimes prevented revolutions and have
never made them. 1t would be better Tor
the people Of Spain and Italy, as well as OF
Ireland, il there were fewer large estates.
q smaller amount OF absentee ownership
and greater concentration Of landed prop
erty In the hands Of the people. Experience
has shown. however. that very minute
subdivision OF the land Is detrimental to
prosperity. as in China and India. There
can be little progress where millions OF
holdings are too small TO give those who
till them all the meat and bread they re-
quire. II Is because abject poverty ac-
companies the subdivision Of very large
tracts into meagre plots Of farming land
that Sweden forbids the further diminution
OF any piece Of land that has become in
sufficient for the support Of at least three
persons. The ideal farm holding Is all
the land one family can till we'll and fully
utilize and no more. We have the golden
mean In our farms Of eighty and one hun
dred and sixty acres. They reward thrift
with a competency, contribute their fair
share 10 the wealth OF the country.
The sun., 1901-06-08
Tho Golden Mean In Land Holding.

The tendency is growing among our men
Of wealth to acquire large landed properties
In Ehs country. Their idea Is fundamentally
in Europe who as a rule. include their
Widespread acres among their interest
paying property. deriving a large part OF
their income from the rent rolls. The
country estates OF rich Americans, now
particularly numerous within easy reach
Of New York oty. have been acquired. on
the other hand. with view to the comfort
friends. Tho beauties OF nature are en-
hAnoed by every charm that landscape
gardening. handsome mansions and delight
ful drives can impart, Most Of these estates
are simply the country homes OF men
who can afford 10 make every Improvement
which will increase their attractiveness.
They vary In extent from few hundred
acres, and few OF them are much larger.
The most conspicuous recent investment
OF this character IL that Of Mr.. HARTMAN.
who has purchased about twenty thousand
acres In the wooded and billy region TO the
west and north OF Tuxedo Park. number
OF the largest estates In this country are
maintained chiefly as game preserves but
Mr.. HARRIMAN's IDEAS OF sport seem TO eI-
tend no further than to stock the two lakes
on his land with fish
Mr.. HARRIMAN's purchase may seem TO
many Americans 10 be noteworthy In point
OF the area he has acquired. IL will appear.
however. 10 the men who own most or tho
soil Of the British Isles "a a rather small
country holding The average landed estate
Of the nobility Of the United Kingdom. few
years ago. WAS 1900 acres. in total Of
1880 oOJ acres. Twelve persons owned
Ati0.OOD acres TwO.hirdI OF the soil Of
the British isles j. tho property Of about
1908 individuals. Tho Duke Of SUrHER-
LAND. one Of the largest landowners In tho
world. holds the title to 1855. .54s acres. Mr..
HABRiMAS has one lake on his estate that
The sun., 1901-06-08
ALLIANCE ENPIOIAENf BrREAU.
Three Summer Trade Glasses Arranged fs>
This Year.

Tho Alliance Employment Bureau a. 1as
East Thirty-fourth street has announced It's
summer trade classes for this year. ThreS
classes or courses have been arranged for.
an upholstery class. a class in laundry worA
and a class for sewing machine operating.
The committee in charge OF the plans for work
IA composed OF the President Of the bureaus
H,ss Vfrginia Potter, Mrs V @. Stmkhovitch,
Mrs, l. Hsnders99n Ms W, = stone stone. MRS,
Mrs Henry Olleshelmer. Mrs. i, J, OCons
nell the esnperintondont, will receive applioas
tions Tor membership IN the classes any day
hetween 0 A. NJ and 7. VI.
The class for sewing machine operating,
Witch oreus on Juno II, IL planned TO turn out
skiiled npprators IN white work, and so far
a. NAV he possible in dressmaking, IL Is an
nounccd that the course will include stitching.
double scanning gathering: putting In bead:
ings. tuck!nS Ono banding, making intantS
hand. ehirt bosoms. &c, The Management
eapisins il. purpose TO be to turn Ppt 81.
nerisnced operators IN time for the fall trade
by mesus Of systematic instruotion during the
d1Ii summer months. and says that tho bu.
.enn vii have no difficulty "a finding plecsa
Tor operators who have proved satisfactory.
The sun., 1901-06-08
IGNORE GOVERNORS APPOINTMENT.
Manager Of womens Reformatory Refuse 70
Recognize Dr. Cook a. Member Of Board.

HUDSON, n Y. June "A peculiar situa-
tion prevails In the Board Of Managers Of the
State Reformatory for Women In this place.
On April. IS Gov. odsll appointed Dr. Charles
p. Cook OF this city as manager. and the
following week the Senate confirmed the
appointment. Dr. Cook appeared before
the Secretary Of State and was sworn into
ONCE 1hs newspaper reports sent out from
Albany said that he was to Ill the vacancy
caused by the expiration Of the term Of DR..
Thomas Wilson. also a Hudson physician.
Yesterday DR.. Cook went to the Institution
and asked to see certain documents and
papers The superintendent, Miss Hor-
tense " Bruce. Informed him that che could
not grant his,request, as she had received no
notice that he was appointed manager.
DR. Wilson contends that his term does not
expire until Dec n, 1902. and that therefore
Or. Cooks appointment Is Invalid. and the
present board are upholdins him In his con-
tention and ignoring the appointment made
BY the Governor The board has a signed
statement from the appointment clerk al
Albany that the appointment IL due to the
clerks mistake In transcribing the records
The board at present. therefore. consists Of
one member too many and the ma ajority
refuses TO recognize the Governors appoint
ment and the Senate's action, This peou-
liar state OF AFFAIRS has also brought ont the
fact that two members are serving on the
board who have never qualified. and that
any actions they have participated In are
Illegal. thus adding to the complications
The sun., 1901-06-08
Opinions and Judgments.
Our able weekly contemporary. the Out
ipok rsmarks Of the decisions:

jeok rsmarirs Of the decisions:
soous Of our contsm poraries appear 70 think that
the dscsons OF the Supreme Court In the insuaf eases
isck cisansss and cohernce. We are mol OF maj
opinion. They appear TO US entirely consistent WIN
each other and entirely clear In themsslves
This Idea OF inconsistency. II II still exists
In any intelligent mind. concerns the opin-
ions rather than the Judgments. 1t arises
from slight confusion In the use OF terms.
The word decision Is loosely used either
to denote the Judgment or conclusion OF
the court or to cover the entire body OF
written opinion In which the concurring
Judges respectively exhibit the process
Of reasoning by which they arrived at the
conclusion or judgment.
In the Downes case. for instance Justice
WHITE concurred in the Judgment OF the
majority. while dsagreeing avowedly and
somewhat widely with the opinion deliv-
cred by Justice BRowN.
The judgments OF the court In the sev-
eral cases are absolutely coherent. There
il no lack OF consistency between the judg-
ment which declares illegal the collection.
under the Dingley act. Of duties against
Porto Rico after its cession to the United
States but before the enactment OF the
Foraker tariff. and the Judgment which
afirms the power OF Congress to legislate
specially for Porto Rico. the Constitu-
tionality OF the Foraker act, and the legality
Of the duties collected under the same
At the same time there might be incon-
sistency. incoherency and lack Of clear
ness in the opinions of the several Justices
concurrng in judgments that were consistent
with each other. coherent in principle and
perfectly clear as they stood on the record.
That is another question.
The sun., 1901-06-08

applies for . commission gets H. II the
advsrtissmsnts Of the army coaching
schools are TO believed. One such school
remarks: The method Of selection adopted
in Septsmbsr. 1900. was unique, owing to
the war and mobilization. and had little re-
lation to knowledge Of any branch Of learn
ing and speaks Of the time when the
military examinations were serious compe-
titions. and success depended on INTEL
lectual efYorts.- DO. Very evidently MIR.
BRoDRIcK has not yet found tho way to
raise large army. and it would seem that
the Government appreciates that fact,
for In q recent speech Lord RAGLAN. the
Under Secretary for War. spoke of COM
pulsory service as possibly necessary to
provide the personnel Of the desired army.
The military clouds over Great Britain
show little signs Of passing away.
The sun., 1901-06-08
NEW RATING OF NAVAL VESSELS.
n b BY Displacement. and Not by the Number
Of Guns Carried.

WASHINGTON, June 7.--President Mckinley
signed an order to-day TO carry out the pro-
visions Of law Of Congress for new classi-
fcation Of naval vessels. Ever since the navy
was established the classin cation has been
by the number OF guns carried. proper rating
whom guns determined the character Of tho
vessel. In those days Of seventy-fours and
old wooden ships with several tiers Of gun
decks. no vessel carrying less than nifty guns
In Its main battery was a first rater. Now
adays. with powerful breechloadns rifles.
armored turrets and arrnored sides, the
biggest battleship doesn't carry half that
many guns In the main battery and many
large ships have not half that number In main
and secondary batteries combined. For
years the Navy Department has been trying
to secure q rehabilitation. but Congress was
indifferent. and i vas not until the last session
The new classiA cation Is by. displacement,
or the weight OF water In tons displaced
by the ship. There are four new ratinsss.
The unrated class consists OF torpedo boat
:siP: and Isss,SIHs ,Ssr. :Sss , L.. regular
of-war only. 5000 IONS and above; second
rate. men-of-war Of 1000 tons and under
5000 tons and converted and auxiliary yes-
ssls OF 5000 tons and above. except oolliers.
steamers, repair ships. hospital ships. and
other vessels for special purposes, third
rate men, of-war Of 900 to 5000 tons. and
colliers. retriseratins ships. ao,: fourth
rate, all other vessels
Under the new classification the new battle
ship Texas of $500 tons displacement be-
comes vessel OF the second rate. All other
armored ships, except monitors, are In the
first class, the smallest OF them. the srmored
cruiser New York, having a displacement Of
{, $50 tons. The big cQmmercs destroyers.
Columbia and Minneapolis. will be Of the Sec
ond rate. with a displacement OF 7,478 tons
each Admiral Dewey's famous flagship. the
protected cruiser Olympia. with $500 tons dis
placement, Is also Of the second rate, Under
the old classification the Columbia. the Mfnn.
sapolls the Texas. the Puritan. the Olympia
and the Chicago were first raters, Tho Pur.
itan, a monitor OF 5.06o tons. and the Chicago,
. protected cruiser OF 5000 tons. become
second raters.
The Presidents order also deslgpAteS tho
commands 10 which officers OF the several
grades are entitled. A Rear Admiral. as
well as the Admiral. may command feet.
The sun., 1901-06-08
The Tlilman- -McLaurin Contest.


EHrld from PrirGfs LsfU " a CsrNtmdn Of
Chirss'on
~ is highly important foT the political snghten-
ment of South Carolina that contest between Tillman
and McrAufin at this time should be prevented. The
doctrines MeLaurin Is preaching are practically un.
known 10 the OF voter, In South Caroitna-,hAt
Is. unknown as possibly favorrble-but they readily
impress themselves when inlslllgenuy presented
by ono who will be listened 10.
'rll'mAn knows this perfectly we'll. hence his de
sire 10 get AolAmn ON the stump before tho latter .
view, have been disseminated. and there pitchfork'
him. that IS 10 say, attack him by personal abuse
and general insult lie would not think Of discussing
and would make It impossible FOR MoIAWin 70 discuss
political issues. lie would make the ISSUE merely
'1lllmAn or McLAurln.' and almos, surely he would
on the contrary. he would giye 1inmhn hard Ugh,
In a mud singing campaign. Bu, what would be
tho use ~ H. even II MclAurln won' Nothing would
be settled. and indeed no more would be known
than before the hghi started.
"As the matter stands now. MciAuIn has q year tn
which 10 stfead bis doctrines, aud hs wiz put In the
tine proa,Ably. Nhea the CONTEST come, neat year
even II be has 10 mix UP. no can afford W do that
because the educational part Of his campaign will
helAurih made al error in falling into Tillmsns
plan I" get him on the stump AZ this time. and hs u
happily out Of II by Gov. McSwseney's action.
u oner this Information because you have view
OF our situation with which I am In general agree
msnt and think you have missed one Important
phase of the matter"
The sun., 1901-06-08
cD0WN TTMB1R SOLD.
American 0psratsn Gss Better Terms rArsvSA
ModiAoatiea ss Stumpass Duss.

ModiAoat1ea ef stumpass Duss.
ouEBxo. June by an important change
In what Is virtually An export tax upon Cana
dian pulpwood. the Government Of the Pro-
vince Of Quebec has given largely increased
value 10 its forest lands and at the same
time opened the door to American enterprise
TO secure the raw material In this province
Tor the operation Of mills on the other aide
Of the line.
By the act Of British North America. which
means the Constitution OF the Dominion
OF Canada. the power TO tax trade and COM
merce was reserved to the federal power
only. However. the Province Of Quebec
found an Ingenious method Of svadins the
provisions OF the Constitution. In spirit.
II not In letter. when the great demand for
Canadian pulp wood on the part Of American
manufacturers made itself apparent q few
years ago, 1t imposed as Q condition Of
al forest lands sold by 1t that stumpass
dues AZ the rate Of u 90 Q cord OF 1000 oubio
Feet should be paid upon all pulpwood cut
on such lands. but that Of this amount there
should be rebate Of $50 In favor OF all
such wood manufactured Into pulp In this
province OF course this meant . tax OF
$3.50 upon all such wood taken to the United
States to be manufactured.
The effect was naturally TO cause most Of
the wood In question TO be manufactured
In this province. But with such . hAndi-
cap against them. American operators who
were making pulp for their own market
SSS1s snaa not sCEd e =: ,ES %uSA for timber
This week the 0overnment held its annual
sale OF Grown timber lands. and doub:lsss
possible to The timber standing upon them
L modified its former stumpags duee upon
the eve OF the sale. The ptsssnt rate is only
favor Of wood manufactured In Canada y
now only 2s cents. leaving 70 oents. as before.
70 be paid to the Governmsnt On wood manu-:
factIrsd here. but with only Is cents 81 whss
20 the United States. instead Of q. so a. form
ery. This Is cents will mako virtually no
difference to American operators, who are
thus practically free to manufacture where
they like, aud who will therefore be In .
favorable position to supply American man
the wood grown In Canadian forests.
An Immediate result Of the new. policy
was seen IN the improved prioes ,obta ined
for timber lands at the sale held this week.
One days sale yielded over $500 900. and az
high as es77 a square mile was obtained for
Impossible hitherto TO obtain more than 90
to gao a mile. Large purchases were made
by Mr.. Eaton OF Calais. Me-. and also for the
Remington Paper Company and for an un-
named American syndicate. represented by
Mr.. O'Brlen OF Renfrew. Ontario.
The result OF the new policy Is certain TO
be a largely increased demand for Canadian
haustible supply OF wood suitable for turning