davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
AMBIGUOUS LEGISLATION,

It has often been alleged by way of jest, and
not seldom in earnest, that laws. being to
large extent drafted by lawyers, are purposely
made obscure in order that it may become
necessary to test their meaning in the courts.
Without adopting that cynical theory we run
no possible risk in saying that many legislative
enactments as a matter Of fact are so faulty,
both In respect to what they contain and what
they omit, as to embarrass those who are re-
quired to apply them and to promote litigation.
An example is seen In the current discussion as
to the authority Of the Board of Aldermen over
the Pennsylvania Railroad tunnel franchise.
The act authorizing the bestowal of such
franchise says this, and only this, that point:
But the construction and operation of such
railroad or railroads. connections, extensions,
additional track tracks or facilities, are here
by authorized only upon the condition that the
consent of the owners of one-half in value of
the property bounded on, and the consent also
of the local authorities having the control of,
that portion of a street or highway upon above
or under which 1t is proposed to construct or
operate the same, be first obtained provided
that such local authorities shall. upon the pres
entation to them Of any such grant contract,
without requiring the execution of any other
agreements than those herein provided for,
either approve or disapprove the same.
1t will be observed that the foregoing extract
from the law is ostensibly mandatory so far as
1t relates to the action of the local authorities
in the matter of the proposed franchise: They
'shail either approve or disapprove the
same" But when and within what limit of
time? upon the presentation to them of any
such grant or contract" But of course that
does not mean Immediately. They must have
sufficient opportunity for elaboration And
what would happen If they did not obey the
injunction, but indefinitely postponed action?
The courts have held that certain functions
devolved on the Board of Aldermen are purely
ministerial and must be performed. Would they
| hold that the aldermen could be compelled by
mandamus TO take action in this case? If the
/ law relating to the tunnel grant ordained that
| the condition as to the consent of the local
authorities should be complied with according
! to the provisions of the charter governing SINH
lar cases the situation would be entirely clear;
| for that instrument, after prescribing the man.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
RECKLESS TROLLEY MANAGEMENT.

The trolley accident in The Bronx on Sun
day raises again an exceedingly interesting
question. There is no way of assessing dam
ages for terror and mental shock. and by
miracle most of the passengers In the runaway
car were not seriously injured, so that the COM
pany will get off easily, all things considered.
But it will be a pity If the occurrence is on
these accounts quickly forgotten by those re-
sponsible or by the public. The question which
it inevitably suggests is how many trolley cars
loaded to the fOotbOards with men, women and
children are racing around the country at TWEEN
ty or twenty-five miles an hour with better
provision against a sudden emergency than
brake chain which is ready TO snap under I'M
usual pressure and leave motOrman and con-
ductor helpless to avert a catastrophe.
Beyond doubt these modern vehicles are
operated with far too little regard for the
safety of passengers. We are not speaking of
we'll equipped roads in cities They have an
appalling list OF fatalities 10 their discredit, but
the actual occupants Of their cars are seldom
endangered. We refer to the suburban and
cross country lines. which in general have been
converted at small outlay to the use Of electric
motors, or. If new, were cheaply built, and on
which fiimsly constructed cars. In many In
stances designed for radically different kind
of service, are run at the highest speed they
can be made TO attain. III Sucn unSultaOle We
hicles were thoroughly inspected at frequent
intervals the companies operating them would
have a better case but the many accidents in
which they figure prove that no adequate sys-
tenn of inspection is in force. 1t is plain that
the car which came to grief on Sunday had not
been carefully examined-unless, indeed, n
worse fault be nscribed TO those in charge. II
it had been properly tested, at least doubt of
the strength OF the brake chain which was
destined to give way would have been incurred,
and we assume that the officers of the company
will not choose to deny that doubt ought to be
equivalent to condemnation where human life
is at stake.
4 succession of similar accidents trolley
roads this summer has made conspicuous the
fact that they are recklessly managed. II
has been supposed that accommodating expert
ence of the perils incident TO a comparatively
recent development Of the transportation bust
ness would induce BETTING care on the part Of
managers; but If, may be admitted. the
equipment Of electric lines is generally better
than 1t was in the first days Of the headlong
rush to apply new system, there is no doubt
that progress in the right direction has been
too slow. If neither selfinterest nor a sense OF
moral obligation is sufficient to make managers
more careful, the legislature will have to inter-
pose its authority in behalf Of the public.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
SOCIAL NOTES AT NEWPORT.
IBY TELEGRAPH TO raE rRIBUyE

tBY TELEGRAPH TO THE TRIBUSE.I
Newport r l.. July l6.-Alfred Vanderbilt's new
German automobile caused much comment on the
way 20 the farm in Portsmouth to-day Several
times on the road the machine became unmanass-'
able under the manipulation OF the chauffeur. The
body OF the machine Is maroon and the running
mobile In Newport
Tonight the weekly dance at the Casino was
largely attended. Several dinners given. after
which the parties all repaired to the hop.
II was made evident to-day that Nr and Mrs
Arthur L. Kemp will not appear this season at
Newport. the house they had rented for the
summer has been sublet TO Richard T. Mortimer
for the remainder OF the summer.
Mr.. and Mrs. Francis n. Hoffman, who have been
absent from Newport for n number OF years. have
arrived and are at their cottage in Catherine-st.
Mrs Adoph Ladenburs Is al Willow Bank for the
season. and denies all reports OF any engagement
existing.
Mrs Richard Gambrll is occupying her new
house, In BeIlevue-ave, and the first week Of
August Will give house warming party. which
will be one OF the features OF the
MIR. and Mrs. W. storrs Wells also preparing
for house warming in their villa; the date
has not yet been determined.
on Saturday evening Mrs. Stuyvesant Fish will
give dinner at Crossways to a small party the
dinner to be Followed by musical
Baron Kapp Heer. who has been visiting Mr.. and
Mrs. Cornelius Vanderbilt az Beauieu. has returned
TO New-York. Mrs. Vanderbilt entertained at din
ner last night in honor of her sister. Mrs. Ogden
&C, General Hor2se Porter Ambassador to France Is
Films; General Porter wal remain I'm Newport until
July 20.
Mrs Alfred Vanderbilt entertained at dinner to-
night at Pinard Cottage NO. 8:
Mrs Whitney Warren entertained at luncheon at
the Golf Club this afternoon III honor of her sister,
Mrs. J. Wadsworth Ritchie
The rumor circulated time ago that Cor
nelius Vanderbilt DESTROYS OF purchasing land
on Jeffrey's Road. which TO build house. has
been revived again. and II is possible that sale of
what is known as the Hazard lands. and which
made Mr. Vanderbilt stiii has lease for several
years of Beauleu, and il is possible that he
poets to have his own Newport house by the end
OF that time Another report Is also current. and
this Is TO the effect that Mr.. and Mrs. John n. Nc
Lean. OF Washington, who are occupying the James
Gordon Bennett house in Bellevue-ave., looking
for q suitable summer estate.
Clarence w Dolan entertained twenty guests at
the Clam Bake Club to-day.
Mrs II. Nick. Twombly gave her first dinner OF
the season tonight at finland.
Mrs Elbridge I. Gerry viii give her first dinner
on night of the 22d az Seaverge
MI and Mrs. oliver Hartman. jr, expected
next Wednesday. and will be the guests OF Mr. and
Mrs. John r. Drexel Ochre Point. Mr. ana Mrs
Drexel will also entertain Gordon Fellows, who is
expected here tomorrow
Mr. and Mrs. Clement c. Moore and family have
arrived at the Robinson Annex. in Catherfne-st.,
for the season, having Just returned from their
camp in Maine
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
THE RETIREMENT OF GENERAL SMITH.

When public attention was first called by the
Waller court martial TO the remarkable order of
General Smith for the major Ito kill and burn"
and make bowling wilderness in Samar
The Tribune declared that while the severest
measures authorized by the Articles Of War
were Unsuitable in dealing with guerllas, such
orders as those of General Smith must not be
sanctioned. On May 1t said: 1--WE would not
anticipate the verdict of the court martial at
Manila or the ultimate disposition of the case
'by the War Department and by the Com
"mander in Chief Of the army and navy. But
.'in the name of the American people and of
'the civilized world it must be hoped that never
will supreme sanction and approval be given
"to universal slaughter a means of warfare"
1t is a source of satisfaction now, when the
case has finally been passed upon by the Com
mander In Chief. to find that such warfare Is
distinctly condemned and punished. General
Chaffee nearly two months ago disapproved the
findings of the Waller court martial, agreeing
that the officer was properly acquitted of MUIR
der. considering the circumstances under which
he acted, but holding that his executions were
so irregular and unnecessary that he should
have been found guilty of lighter offence and
not acquitted altogether. That disapproval we
published and commented favoraby upon in
May, and it has received renewed attention
within rev days, owing TO the receipt or full
official reports. Now comes the Tabuke and
compulsory retirement of General Smith, to
mark with supreme emphasis the disapproval
by the administration of anything like lawless
and savage warfare, even under provocatiOn
from treacherous and savage enemies. Thus
the complaint that the United States Govern
ment was Indifferent to atrocities IN the Philip
pines is disposed Of 1t has waged there
with proper severity. and the Articles of War
justify sternness which natural sympathizers
with the instruction will, of course, feel to be
terrible. Such sternness, however, was dis
played in the conduct of the Civil War, and IL
to be distinguished sharply from indiscriminata
killing and staggering brutality. The line has
been sharply and justly drawn by the Presi-
dent, as it was drawn by General Chaffee be-
fore him.
There is some satisfaction in knowing that
the improper orders now rebuked were never
really carried out. With the exception of the
unjusttfiable executions by Major Waller for
which his sufferings had made him hardly re-
sponsible the campaign in Samar seems to
have been conducted within proper limits. The
words OF General Smith reflected discredit on
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
About People and Social Incidents.

gust. With them are Dwight c. Hartic of New
York and n. A Campbell The party win 90 back
tomorrow. Later in the month the Goulds win
Thomas.
Mrs J. j. Emery. Of New-York entertained a,
dinner tonight. The guests were Count ard
Countess Laugier Villars, Mrs. c. Francis Wiz
throp Mrs. James W. Gerard. Mrs. Morris Mrs
Alexander Van Rensselaer,. Mrs. Henry d. Knowl-
ton Mrs Charles T. Alexander. Mrs Samuel Thorn
as Miss Taylor, Mrs. Levi q. Letter. Miss Denni
SON. Mrs De Grasse Fox. Mrs. H. Thorndike and
Mrs. j. Madison Taylor.
Mr. and Mrs. II. J. Cassatt came tonight. The
Cassatts are to occupy Old Farm the famous Dorr
property on the Schooner Head Road Mr.. Cas-
satt brought with him a large string of his prizs
winning horses.
Mrs Elliott F. Shepard will go from here on Fri
dav for New-York whence she is to sail for Eurona
James \. Garland, jr., OF New-Tork, arrived TO-
6ay aboard the steam yacht Amourouse- Mrs Gar
land is at her cottage. the Barnacles.
Mr.. and Mrs. George w. vanderbilt will arrive
The Yacht race to-day of the 3O-footers resulted
in a win for Edgar Scott with the Bobtail II m
Sears was second with the Bogey. E V. Macy was
Miss NJ Jennings, OF New-York and Miss N
Sheehan of New-York. arrived to-day at the Nal
The engagement has been announced here OF Miss
Eleanor Thomas, daughter or General and Mrs.
samuel Thomas and RI Beekman. Miss Thomas
is at present in New-York.
New-York arrivals to-day Included Miss Julia Da
L. Coster, Miss f. e Hyde, 5. NJ Hyde and Charles
According to the tax list Just issued George w.
Vanderbilt and John S. Kennedy are the heaviest
payers to the town treasury
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
THE SHANE OF PATERSON.

From time to time complaints have come from
Paterson about unfair criticism and character
iZation of the town and It's inhabitants by out
siders. and especially this so during the
Bosschieter scandal and the periodical out
breaks of anarchists. When the fire came ana
the citizens, under Mayor Hinchlife's lead, dis
played such wonderful courage and self-reliance
under blow that might well have staggered
any community, pretty nearly everybody was
willing to believe that the Silk City had been
slandered and maligned. Then the anarchists
broke out again and attacked the mills Chle1 OF
Police Graul, who had done splendid police duty
for many years, and whose courage was oeyonu
question, was not able to meet the emergency
i'll health rendered him unfit for duty, and he
was foolish enough to hang around instead OF
recuperating somewhere under n physician
care. Mayor Hinchliffe suspended him and per-
sonalIy assumed control of the police FORCE
There was nothing else for him to do. 1t was
no time for sympathetic palavering or dallylng.
Prompt fearless, intelligent action was the
demand of the hour, and the Mayor took the
right STEP Now, the aldermen have supervision
of the police force and they We're called upon to
act as Judges in the chiefs case; and what do
YOU suppose that they did: Reinstated him
without loss Of pay, and by unanimous vote.
1t is hard to understand such people. They
care nothing for the decent opinion OF their
neghbors, and yet are the first to whine when
harsh things are said about them Their
thoughts ideas and the motive springs of their
conduct are petty. parochial, narrow and In
tensely selfish. rhe public welfare they care
nothing about Municipal pride is to them an
unknown quantity. That a man Is a good
fellow or q political crOny is OF more conse-
uuence to them than sheaves of evidence all
bearing signposts pointing to the path OF duty;
and If the other fellow happens to be a political
opponent the one thing TO do is to thwart his
plans, regardless OF their merits
Cannot the honest, self-respectng, courageous
men of Paterson do something's Cannot they,
for the sake OF their town, throw aside their
petty jealouses their little selfish schemes, their
peanut politics. aud join hands to raise the
standard of public service? Many of the men
elected TO the Paterson Board OF Aldermen
would not be tolerated for a moment in the
meanest office In any other city Of New-Jersey.
Illiterate ignorant and vicious men and men
VIGOROUSLY corrupt have been elected TO men,
bership in that board. and the clean handed and
clean minded section Of the community were so
used to It that they did not even get angry.
Paterson has been rarely endowed by nature
No city is better located or equipped for manu-
featuring purposes, and all around IL are the
fields and the trees and the mountains. With
half an effort II should be one Of the model
towns of the country instead of being, as it Is
now q target for shafts from every culver from
Maine TO Manila.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
his country. Happily it was not disgraced by
any such ruthless devastation as he threatened.
DANGERS FROM LIGHTNING.

Thunderstorms are usually frequent IN July
and August and we'll meant advice to people
who are in dread of lightning is now given freely
in various publications. One rather eccentric
counsellor suggests that people should not seek
refuge under the grandstands at racetracks and
county fairs while such tempests are raging.
This seems TO be i'll founded warning. How
many grandstands at racetracks or county fairs
have ever been struck by lightning while the
sports were in progress? Very few; and it is
not to be expected that multitudes of specta-
tors will stand out in the open and be drenched
to the skin for fear of lightning.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
THE AyyExATIOy "CoyspJRACy~

The Cuban sugar planters movement for an
neXatiOn, which has been disclosed in the spe-
cial Washington correspondence of The Trib-
une, and has thus, we may hope, been checked,
IS, after all, based upon half truth. The plant
ers believe there is conspiracy in the United
States to force annexation by starving and
throttling the industries and commerce Of the
island, and that ii was in furtherance Of such
schemes that reciprocity was denied by Con-
sress at tue late session. 1t is by no means i'm
probable that such a conspiracy does exist. In
these columns, weeks ago, we pointed out the
probability of it. To that extent the Cubans
may be right. But they are in error If they
think that the administration or the majority
of the Republican party is concerned In it, or
that the American people approve or can be
persuaded to approve it. If such conspiracy
exists it is confined TO a comparatively few,
who have been able thus far TO delay the grant
ing of reciprocity. but who in the end, and In
an end not far of. will have to yield to the de-
mands of national honor and national ex-
pediency." The delay which these con-
spirators have effected Is causing, no doubt
grievOus loss TO Cuba. It is deplorabIe and
exasperating. Nobody realizes that more keen
ly than Americans who have the honor and
welfare Of their country at heart rather than
the profits of a sugar trust. But there is in 1t
AT ASlsl iU a NuDdu Conspiracy
or movement of any kind toward the same end
The Cubans viii serve their own interests far
better by working for reciprocity, despite dis
couragements. than by seeking annexation.
The United States does not desire the annexa-
ton Of Cuba. That may rs well be understood
plainly at both Havana and Washington Its
reasons therefor are sound and convincing and
are not derogatory to Cuba. For one thing 1t
does not want a detached or insular State.
This is a Continental Union, the United States
of North America. and not of America and the
Islands Of the sea. The best craftsmanship and
the best popular thought strongly incline tow
ard keeping il so. Whatever outlying posses
sions we may have. the Union of States is 70
be confined TO contiguous territory on the main-
land Of the North American Continent That is
one reason why the annexation OF Cuba-which
always means the admission of Cuba into the
Union-is not desired. For the same reason
Porto Rico is not 10 be erected into n State. and
for the same reason we must decline the re-
quest of a recent correspondent that we urge
the annexation of Newfoundland The United
States wants no detached members
A second reason, not discreditable TO Cuba
has 10 do with the character of that islands
population. However Industrious intelligent
and law.abiding the Cubans may be- they are
aliens. not only in blood. but in speech in ira
diu0ns, In customs, in institutions. They would
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17

ner in which proposed bond issue or fran
chise shall be dealt with by the Board of Alder
men, expressly says: IF majority of all the
members of the Board of Aldermen shall not
vote against such proposition or franchise
within the six weeks above limited, then it
shall be deemed at the expiration of said
period to have been passed by the requisite
vote of the Board of Aldermen whereupon it
is to become subject TO the approval or disap-
prevail of the Mayor.
1t is the opinion of some lawyers. and. we
believe. of some members of the Rapid Transit
Commission and officers Of the Pennsylvania
Railroad, that il the aldermen should take no
action on the tunnel franchise within six weeks
after its presentation to the board-that Is
within about four weeks from this date-the
franchise would pass under the Mayors con-
troll and. on his assured approval, become
valid grant Others think that the charter pro-
vision would not apply. inasmuch as it is not
expressly made part of the special tunnel act
The fact that the aldermen are about to ad-
iourn for their summer vacation makes the
question practically important; but the point
thus raised also possesses general interest as
rather striking illustration of the slipshod way
in which bills are framed by presumably com
petent men. and of the carelessness with WINCH
having been framed by such men, they are
passed by a confding legislature. Here we
have a fiat contradiction of opinions concern
ing matter of great public concern, and all
the requisite conditions for a stiff contest ID
the courts may result We hope that positive
action will be taken by the aldermen. and that
it will be favorable. But If legal complications
do not arise the avoidance of them Will renect
no credit on the trainers of the pennsylvania
tunnel bill.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-17
PERSONAL NOTES.

Governor Gage OF California has reused a storm
OF disapproval by securing the parole from San
Quentin Prison OF Nah Noon. a highlander. Nah
IS fine cook and the Governor has Installed him
as chef IN his own home. The Chinaman was
sentenced not long ago to fourteen years for at
tempting to murder another Celestial He also
shot and dangerously wounded an officer who Went
TO arrest him.
Emperor William has appointed Captain Won
Usedom to the command OF the imperial yacht
HohenzolIern in succession to Admiral Count Won
Baudissin who commanded the yacht her
cent trip TO the United States; Count Won Baudis-
cruising squadron. which will put the mid
die Of August. Captain Won Csedom was in COM
Seymour in the FIRST attempt 10 relieve the foreign
legations al Pekins lila the summer Of 1870. For
polntment adjutant TO the Emperor. which he
stil holds.
Professor Ashley z. Thorudike. who was elected
to the chair Of English literature at Northwestern
University to succeed Professor Charles ". Pear
son, IS a graduate from Wesleyan University. in
the class of SO. After his course there he took
graduate work at Harvard. where he received the
degree OF ~ NJ In 1886 and of Phi. d. In 1885 BE
principal OF Smith Academy. Hatfield. Mass-.
1895: was an instructor In Boston University.
1885, 9S and since that time has been successfully
instructor. associate professor and professor or
English in Western Reserve University. Professor
m,norndIke Is the anth9S 81 various aIGS,es ,Ia9
ume on The Influence OF Beaumont and Fletcher
Shakespeare"
The administration OF the estate or ProfessoF
Herbert B. Adams shows that Johns Hopkins
University gets Si1 2S5 20 resduary egatee under
his Will. The will provides that the legacy IS to De
used for the promotion OF education In the steSs
of Maryland, and shall constitute distinct runus
to be known as the Herbert b. Adams fund Dr.
Adams formerly professor of history IN tho
Johns Hopkins University. He died at Amherst
Mass, July 80 lsl.
Mrs washington Hesins. widow of the late POST
master Hesing. Of Chicago. and sister Of l. T.
Weir president OF the Adams Express Company.
has just undergone an operation for black eatsf-
act In the Episcopal Hospital at Washington, ID. Z:
and is now pronounced cured. For number 81
years Mrs. Hesins had been going hind ana !.
was believed that there was no possibility or .