davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1902-12-28
FARREN MADE REFEREE.
Inquiry Into New-York Building-Loan
Banking Company's Condition.


Albany Dec 27-Judge D. Cady Herrick, OF the
Supreme Court settled the matter of the investi-
CATION of the affairs of the New-York Building
Loan Banking Company OF New-York to-day
to the satisfaction of both the State authorities
and of counsel Of the company This settlement
was the appointment of James j. Farren, of this
city as referee, take testimony and make an in
vestgation the condition of the company.
Deputy Attorney General Conan had suggested
the appointment of a temporary receiver. Judge
Herrck said that before he would follow any such
suggestion he thought it best to appoint personal
representative to make inquiry about the COM
panys condition. This action of the judge met
with the approval of both the contestants. and
later in the day Mr.. Farren appointed referee.
When Judge Herrick took up the case there
were present to represent the State the Attorney
General, John c. Davies, Deputy Attorney Cen
eral Conan Deputy Attorney General Steele, Fred
erick D. Kilburn, Superintendent of the Banking
Department, and George /. Skinner, Deputy sup
erintendent of he Banking Department. The New
York Building-I.oan Banking Company was
represented by David c. Robinson and Alexander
c. Eustace, of Elmra; William II. Hamilton, or
New-Yorl and Robert G. scherer. of this city.
Attorney General Davies and Superintendent Kill
burn submitted papers denying certain statements
made about them the papers OF the attorneys of
the company David c. Robinson then said that
differences had been drawn with reference to the
Attorney General which should not have been made
The language used that Of the statutes.
Il am glad that you have said that" said Judge
Herrick for / regret exceedingly the charges
made
Superintendent Frederick D. kiIburn OF the State
Banking Department said that he desired 10 pre-
sent a denial the charges OF conspiracy. lie
flied complete denial adding:
deny absolutely the charge OF conspiracy which
is suggested by the complaint. These charges are
not pleasant things to have made against YOU ihe
corInsel FOR the company has withdrawn the i'm
puts ton in relation TO Attorney General 1t is
difficult for guilty of conspiracy. then for
We were charged with conspiracy together. If one
is not guilty, the other cannot be.
The papers filed by the attorneys OF the company
little later were withdrawn and vacated. Later
i'm the afternoon Judge Herrick appointed Mr.
Farren TO take evidence as referee to the COM
pany's condition and report. Mr.. Farren was d.
rected to begin his work in New-York at the ONCE
of The company the first Monday in January.
New-York tribune., 1902-12-28
Coal Dealers ga Miners Holidays Will
Lessen CrtFut,

=, "a, ,os, +-rt-e as in racst others, demand is
so,-c,za- less btisk after Christmas. and this Is
l7.jns tfte dealers VIE are reoeiFlng less coal'
,--i~s- 20 The Christmas holidays ot the miners
r.,.,i-er+ coal dealers Esy that from now until
rz-,-s-y : aniy aEou: 60 pc- cent as much coel
VI; bc ruined ard ser,f the city as before, he
cause The Hungarian and Polish laocrers IN the
Mining towns are accustomed TO keeping up lhelr
celebration until the Feast of the Epiphany or
Little Christmas" January 6. The dealers say.
however. that they have enough coal on hand and
coming in 10 supply the actual needs OF the c'ey
and that nothing short of a three day Ne-up c.
she coal roads or barges can cause any oifhcuit".
An authority on the soft coal traffic said yes
+erday that English and Welsh coal was being I'M
-o-ted At Boston and Providence Cor use IN New
England He himself said he knew of orders placeo
for loo tons of 'Lanarkshire Ell ordered from
England 10 he sold for steam and domestic uses
Soft coal in the city is no lower, ano niueil
scsrcer Just how high is the present price OF
1850 a ton NAV be seen by comparing it with the
contract price of So 2 made April last for soft coal
for the Postofce Soft coal, which ordinarily solc
for SS q ton on board. is now selling for 81 There
s go little in the market that a further rise Oh
81 next week is being considered as a posslolI1y
The Chickering Social Club. No. 81 Attorney-st.
of which Max Davis is president, appropriated
money yesterday TO buy thirty tons OF anthraciIe
or distribution among the poor Id esIeTs who
could prornise 10 deliver the coal Witnin, a WfeA
the Of deieeq e PhadepSa IL and Resdns
Raiiroaa A reply from Mr.. Baer is expected carry
nS re fohn G 14acEett Association No. SIS West
1'hirtv-eighth-st also decided yesterday TO ols
rIIfe rom twenty-five to thirty of anthra-
site as a New Years present among the poor or
Rnrns Bros Yesterday and the firm will try to de
liver the coal at fair market price some Gay tis
So far all the anthracite procured by the Man,
haitian Railway company ABOUT 9 I'M 5nre r,nmv en-
eines An attempt will be made to-day 10 neat .ne
New-York tribune., 1902-12-28
FOR 4 COMMERCE COURT.
C. Il. Prouty's Plan To Regulate
Railroad Freight Rates.

Phiia delphiar Dec. 21.-The second session OF
the fifteenth annual meeting of the American
Economic Association, held at the University
of Pennsylvania to-day was devoted to a dis-
cussion of the topic Public Regulation OF Rail-
roads The principal speakers were Charles
A. Prouty, Interstate Commerce Commissioner,
whose paper National Regulation
and Walter D. Hines. vice-president OF the
Louisville and Nashville Railroad, who spoke
on Legislative Regulation of Railroad Rates.
Mr.. Prouty said, in part:
Gus OF all monopolies. II the anthracite combine
advances the price Of that commodity to the con- M
country which uses that coal, tax of sseoooSS .sS
annually in favor Of ns wealth We6 sa e pbe
be protected against this kind OF extortlon. Sun o.
vain To this the Sherman Antitrust law has
been applied inits strongest form in vain II ss mas s
court and recover the bic charge from the
Tawa w no hs or e by
the price to his customer, and it would pc no
fP from per to So Manifesty no right
back any portion ef an un"st rat Of
that rate must n some way be prohlbiteds s,,,r.,,.
court ef the xIns Of rate for the future is
atvs It be he leg 5a
either directly which is mpracticable or indirectly
through commission. The function Of this com,
rates. So long as railways are private property
they should be allowed to make their own rates IN
the first instance. the government interfering ony
charge of that function such commission is not
court. 1t should not sit merely to hear the COM
piainant and the defendant and decide the issue
It has for time seemed to me that we
must create a special tribunal, In the nature or
commerce court. which should be charged with
of commission. from which appeal upon questions
of law, and perhaps those Of fact should lie 10 the
Supreme Court of the United States. The mem
bers of such tribunal would be appointed for life,
court. They would not come in direct contact
with the parties In the way that a conms-
sion does. and hence would be removed from tnoSe
influences of quasi personal nature. They would
stand responsible to public opinion for the proper
discharge of their duties. They would speeoiiy Pc
matters at issue than a commission itself and
would be BILE to act intelligenty and promptly
Such q tribunal would not be confined to review
ing and enforcing the orders of a commission: even
though it's duties limited to the regua ton OF
Interstate railways. 1t happens continually that
mediate relief. which can only safely and properly
be given through the summary process of a court.
1t is quite probable, too that such a court might
be available in dealing with monopoly IN otner
branches of interstate commerce than railway
transportation.
Professor Emory r. Johnson, OF the Uni
versity of Pennsylvania; Professor Balthasar
II. Meyer, of the University Of Wisconsin, and
J. Shirley Eaton statistician of the Lehigh VAL
ley Railroad. took part in the discussion.
At the afternoon session Professor John B.
Clark, of Columbia University, spoke on The
Dynamics Of the Wages Question"
New-York tribune., 1902-12-28
JOHN C. DAvIEs's DEFENCE.


Albany Dec. 26-Attorney General John &
Davies as one of the defendants In the made
return, denying that the case presented oy the
relator was not such In Its statements OF Iacts
and otherwise to constitute III law cause OF
action or 10 give the court jurisdiction; denying
that he had ever made threats of any nature, as
charged by the reator against the New-York
Building Loan Banking Company. with view or
winding up its affairs or destroying It's business
and obtaining the appointment OF receiver At
tornev General Davies's return also denies that
either In conjunction with Superintendent OF Banks
Kilburn or his assistants and employees or IN con-
junction with any other person or persons What-
soever he has ever formed any conspiracy against
he relator TO put it in the hands OF receiver or
to wind up and destroy its business either Tor the
nprrose of personal profit to himself or for any
other purpose. The Attorney General further AYERS
that in every act which he has done in the premises
he has been actuated solely by desire properly TO
discharge his duty Attorney General OF the
Sta+a and that he has not at any time or in any
manner been Influenced BY any considerations of
friendship or enmity; that he has never had hope
desire or expectation that either he or MS Irlehds
r,,oht derive any benefit either directly or indl-
TT, from any proceeding which might be insti
.utad against the relatOr, from the appointment
ne any receiver or the designation of attorneys
or counsel for such receivers. The Attorney Cen
oral further afrrns concurrence by himself In the
conclusion of the Superintendent OF Banks that 1t
;s ursafe and inexpedient for the relator to con-
tinue business.
The Superintendent of Banks in his return writ
asserts that the company is insolvent and gives
detailed statement of his reason Tor nndlng II 80
and that its rlethod OF doing business is unsafe
and its management faulty.
As bearing upon the allegation of the relator that
the examination was hurriedly and sign sngntHssE 1sd,
,',enn the ha sis OF being employed IN the
wpork los days were consumed in the examination
~ ssainst dftv-eisht in 1900 and hfty-six In 1901,
aud FRAT this time greater than was ever ne-
go n the examination OF this company
~ The retTrn OF the Superintendent OF Banks fur
ther proceeds with long series of deniais cover
tng avery material allegation of the REALTORS, es-
1aoiarlv those of conspiracy: of prejudice against
The eompany except as he is pretudiced against
r. sIsfaD under which 1t operates; OF having
,1rso,tred unfair or incompetent appraisers TO vaue
Re real estate: of having employed an examiner
~ the recent examination who had previously at
tempted fraudulenty 10 bring about the Appoint %
rnent ~ a receiver for the company; or having
nsde the acknowledgment that the company 10
solvent: of having made threats against the COM
New-York tribune., 1902-12-28
a MILITARY WEDDING.

Governors Island ;he headquarters OF The De
psrtrnent Of the East was the scene OF military
Sedding yesterday afternoon. Eseutenant Rush
Spencer Wells. L 6. A. OF the Sh cavalry, sta
toned al Fort Leavenworth. son OF Colonel Weiis.
l. S. A. OF the lst Cavalry now stationed N the
Philippine islands married Leila. daughter OF
Colonel George IL Burton. L. s. A. inspector Cen
eal Of the Department Of the East The ceremony
Ess performed in the post chapel by the post chap
an the Rev f. II. C Goodwin. Many OF the
quests were army officers and wore fun dress
The chapel was festooned in yellow, the coor or
he cavalry to which the bridegroom is attached
Nrossed sabres in flowers formed part OF the
oee0ratons. After the ceremony a reception was
reid az the home of Colonel Burton. The maid OF
hcnor was sister Of the bride. Miss Kathro Bur
'an, and the bridesmaids were Miss Pearl Sabin
laughter OF MIR. an6 Mrs. John J. Sabn, and the
Kisses EDITH and Molly Wells, sisters OF the frlde-
aeom. The best brother or the brloe-
noom, and the ushers were Lieutenants o. M Lee
sn Humphrey of the eth Cavalry. and Williams
!. The bridegroom's regiment. Among the guests
IRE Major General Chaffee. Cofnmander OF tle
apartment of the East, and his stan, Senefal
sssIry Colonel Howe and Major j. ID e Hoshins
Seftsnt inspector generals; Colonel Jones, SoIohei
toasherTy, Captain William q. silis, OF Mest
s..lhtt and Mr. and Mrs. John j. SaDln ana tnelr
~oshter, Miss Irene Sabin-
New-York tribune., 1902-12-28
GAS MEN SAIL FOR PARIS. ga
Officers of Chicago Company May Enlarge
Plant They Will Examine

George o. Knapp. president; Anthony y. Brady.
vice-president and c. X. G. Billings. chairman. OF
the PEOPLES Gas Light and Coke Company OF Chi
csgo. sailed yesterday for Europe on the steamer
fuecher 10 investigate the gas situation IN Paris
Through Mr. Brady OF the principal gas
panIes OF Paris according 20 Mr.. Billings. had in
vited American capital 10 take hand in charging
its scope
Mr.. Billings said before the steamer sailed that
nothing definite in regard 20 the action OF those
who are investigating the proposition would be de-
cded on until after the situation in Paris had been
looked over The business which they were going
10 look at was that of one of the principal COM
panies OF Paris. whose charter was about to
pire. II was not their intention 10 examine any
electric lighting schemes. he said. Among those
VINO gathered the pier to see the party or were
Thomas r Ryan John ID. Crimrnius. Senator ?. Fl.
McCarren j. c Farrell Thomas Willard arG Rich
ard HaIstead The party expects TO return to the
United in the latter part % February, prob
ably on the steamer Oceanic.
New-York tribune., 1902-12-28
JULIAN MITCHELL RESIGNS.
Leaves Weber & Fields After a Disagree.
ment

Julian Mitchell who has been stage director ior
Weber & Fields since they have owned the Broad
way house, resigned last night. Mr.. Mitcheii Is
financially interested IN the Wizard of Oz, which
will be produced at the Majestic next MONTH ana
has been devoting considerable time to superin-
tending details OF the production. At the theatre
last night it said that, according to the con-
tract Weber & Fields had the exclusive rights
to Mr.. Mitches services. and they felt that tneif
interests not being duly considered
Lou Fields is at Lakewood, resting, but Joe
Weber and Mr.. Mitchell discussed the situation
Yesterday after the matinee. Mr.. Weber thought
1t was fair for Mitchell to give so much atten-
ton to other productions. They argued. but could
reach understanding, so Mr. Mitchels omclai
statement given out, as follows:
take advantage of them. As | would not IKE TO
have them think this. prefer to tender my resig-
nation.
Mr.. Mitchell is interested IN other productions.
and will probably open office giving his y hoie
time to them. He is the husband OF Bessie clay
ton, the dancer.
New-York tribune., 1902-12-28
A NosEGAY OF EULoGY FOR BRANN
Retiring as Magistrate, He Praises English
System of LoEg Tenure.

Seventy lawyers filed into the Yorkvflle Pohce
Court at the close Of the morning session yeseef-
day to say a formal goodby to Magistrate Brann
whose seven year term OF office expires on Wednes-
day. and for more than half an hour those whom
they had selected their representatives occupied
themselves with telling the retiring magistrate "hat
an able man he was and how sorry they were to
lose hin, from the bench Ex-Magistrate Went
worth began the floral decoration. He said that
though the public would be sorry to lose him the
har would be glad to welcome him to their num-
Der again.
He closed by Offering his best wishes, and by pre-
sentng to the magistrate a diamond stud. pair
of cuff buttons gold watch. chain and charm
Abraham Levy then Offered few remarks" OF
the same tenor. and was followed by Marcus
Brown. who presented to the magistrate set Of
resolutions passed by the Hebrew League OF the
Seventh Ward in which the magistrates impair
tiaHty and lack of racial prejudice were praised
The resolutions committed the league to work for
MAGISTRATE Branns nomination judge of the
Supreme Court at the next election. Max Stein
ert Mark Alter and Daniel OReilly also contrib
uted to the nosegay of eulogy, after wnlch Mag
istrate Brann made speech.
The magistrate had something TO say ABOUT tne
qualifications for a successful magistrate. Care
and kindness We're the principal ones ne SAID oue
a knowledge of law and human nature were both
important. No excepting a lawyer, SAID Mag
istrate Brann was fit to be magistrate He init
gard to magistrates did not prevail here In Eng
land it appears. magistrate holds his position as
sion greater than the salary paid magistrates
Magistrate Brann highly approved TINS plan In
.iIt is a great pleasure and source of some
pride to find this audience. made up as 1t Is, OF all
natonalities and creeds' indorslng my record tor
it proves that. although appointed as representa-
tive of the Catholics Of this city, my course has
been broad enough to satisfy all lovers of justice
This ended the exchange of bouquets.
New-York tribune., 1902-12-28
PORT CoURTEsIEs LIMITED.
Favors to Arriving Passengers Curtalied by
the Treasury Department.

Washington Dec. 27.-Recause OF the abuse OF the
nractice OF extending special courtesies to passen-
gers arriving at ports OF entry, the Treasury De-
nartuent has issued the following circular, con-
siderably limiting granting OF such courtesies
in the future:
The chief officers of customs hereby instruct
Cd that the extension OF special courteses 70 arrV-
Sno a ssengers will hereafter be limited TO forelSn
Inba ssadors ministers, charges dafalres, secre-
Tartes naval and military attaches OF embassies
and legations and high commissioners. ana 10
similar representatives of this government ABROAD
Teturnine from their missions. All the above Of
free entry of the baggage and. effects or them
selves their families and suites. without examina-
ton. .,,. ..ou,o,. on5
Of nersons arriving in charge OF their dead or
Summoned home in haste by news or afftctton or
disaster instructions Will be issued 10 Iaclhtate
the andine and examination OF their baggage, Dut
such instructions will be construed as only renew
ing such persons from waiting their turn IN me
Their ba ggage will be carefully examined, ana du-
ties iu full collected, though no FAVOR had peen
shown The word courtesy has grown to nave a
meaning never intended, and its use must De
avoided in the issuance OF personal consideration
cards. ii, ,.ox.o r. az
he granted except under the above conditions II
is also found mperatvely necessary in the interest
of the revenue. TO withhold the issuance OF passes
ON the revenue vessels which carry the boarding
of1cers TO their assigned vessels. and such passes
will no longer be furnished except under the re-
strctions above set forth regarding courteses ana
bv the special authority of this department
New-York tribune., 1902-12-28
TUTUILA's PECULIAR STATUS.
lis Government Not Yet Formally Approved
by the Navy Department.
rBv TELEGRAPH TO THE TRIBUNE,

rBy TELEGRAPH THE TRIBJNEJ
washington, Dec. 27.-The peculiar SITUATION re-
sultiug from the failure of the Navy Department
10 make any formal approval of the government
established in Tutuila Samoa is treated In the re-
port made by Captain Sebree TO the department
Although the cesson OF the island was made oy
the native chiefs in April. 1900, Captain Sepree
says that action has been taken ana the Ha
are s,~ios IN learn what this country intends to
do Some action he implies, is necessary, since IN
he form Of government adopted by the Samoans
many old customs not cruel. but at variance with
modern civilization. were preserved. Efforts are are
beinp made nv the com.nandant to help the
sarn0ans to do away with all the old customs hoI
considered for the welfare OF the people. :.
CAPTAIN Sebree shows the Improvement inaoe
under American sovereignty. BE recommends that
S0o0 a wear be appropriated for pubic schools az
the naval station Speaking of the payment for
the arms turned in by the natives, Captain Sepress
naid for and sent home on the Abarenda was 3d.
and the amount paid for them was SSH 49, or an
average OF so il per gun MOST Oh hlieSe ii' va ~
be declared worthless
New-York tribune., 1902-12-28
SNOWLESS STREETS TONIGHT.
Street Cleaning Men To Help Contractors
Ganes-Disputes Over Sidewalks

officers of the Street Cleaning Department said
Yesterday that by tonight the city would be en-
tirely clear OF If clear weather prevailed.
Mr. Bradley's men worked all Of Friday night be-
low Forty-second-st. and yesterday fifteen hun
dred carts were working in Manhattan three hun
dred in The Bronx and five hundred in Brooklyn.
To-day the men of the Street Cleaning Depart
mept will tackle the snow removal. as there are
practically no ashes to be taken away on Sunday,
and with the contractors force. forty-fve hundred
men will clean the streets. Three thousand carts
will be used
Commissioner Woodbury. instructed his men yes
+erday to arrange comparative statement Of the
cost of snow removal under the old and new sys-
TENS The delay in removing the snow this time
s due TO the contractors ina bity TO procure carts
enough The of men has been ample
The order by Commissioner Partridge. instruct
ing the policemen to that snow and ice on
eideuyaIxs were removed by 10 u. yesterday was
the cause of many disputes, in which policemen.
nronertv owners and street cleaners figured The
policemen demanded that the sidewalks be cleaned.
the owners insisted throwing the snow into the
cleaned streets and the department men protested
thai they should not be compelled 10 do their work
Tta,a
New-York tribune., 1902-12-28
CASE OF YOUNG AMEs EXPLAINED.
The Uruguayan Charge d'Afaires Denies
that the Boy Was Kidnapped

Washington, Dec. 27.-Dr. Herrera, secretary and
Charge d'Anaires of the Uruguayan Legation, called
Secretary Hay to-day in regard to the case OF
young Joseph Preston Anes who, his aunt, Mrs
Sparhawk. alleges. was deported from the United
States with the assistance of officials of the Uru-
euayan Legation here.
Dr. Herrera outlined the history Of the case
briefly the Secretary he knew It, According
to his statement. the boy was brought to the Uru-
guayan Legation some weeks ago by his maternal
cousins who asked DR.. Herrera to take charge or
him. as they did wish his fathers relatives to
get possession of the boy. DR.. Herrera is a bach
eior while he always is ready to lend hano TO
his fellow countrymen he did not care to assume
the guardianship of a boy. The case, as repre-
sented TO him, showed clearly that the boy was a
Uruguayan citizen having been born in that coun
try and. furthermore, his cousins declared lhaI
the boys mother had requested on her deathpeo
that her child be reared in Uruguay. Dr herrera
in view of these facts, advised the boys COUSIN
Edward Larroque, to make an afhoaVlt 10 tnat
effect before a notary, that their acuon rllenI
not be challenged. The boy was taken 10 -Se"-
York by his cousins, and sailed for Uruguay from
there Several days later notice of Mrs spar
hs wk's appointment guardian was presented 70
TIE charge daffares, but the boy not being IN ms
r1ossession, he was unable to turn him over 10 his
aunt 49, ,.x. ,os
sihle on the case, and SO informed Secretary hay.