davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-02-15

Miss Florence E. Kenah, Ottawa ont, Tres
"a few months caught which settled on nv
lungs ana remained there persfsfen
ook medicine without digestive organs became
upset. and my head and back began frequently
was advised TO try Peruna, although Eaifh
M SO SICK that ready anything brought blessed
ef az once and ter that had the rgh Within
health since. " 'S'~ H1''~s'
81 now have fire greatest faith In Peruna" F. KENAH
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-02-15

Hn HHHH HHHHHHHHHHnna
Daily Leader ~ cents week deliv-
cred every day except Sunday.
n HH HHE Hu HnEEh
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-02-15
Guthrie 10 Enid

~tSttA - " A~lll0
Shortest, most direct and most de-
sirable line from Guthrie to all points
on the Frisco line south including Ho-
bart and okeene. and all points on
the Rock Island north and south OF
Enid.
Lowest through rates in effect with
all connecting hnes both at Guthrie
and Enid
Quickest Time.
Best Service.
Finest Equipment
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-02-15

Wen send you a sample free.
seoII : BOVINE. to2 rsall 81. Nav Yolk.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-02-15
North and East

'Mixed train. Daily except sunday
-'Passenger train. rahy exce7t
Sunday.
New-York tribune., 1905-01-17
BARGE CANAL LEGALITY.
HOW QUESTION is RAISED.
Unconstitutional to ReceiUe Bids Be
fore Bonds Are Sold.
Inr TELEGRAPH TO THE rRrB1xr.I

Albany Ian 16-It was reported at the Capt.
tol tonight that the question OF consitutonality
raised regarding the S1O1 100000 canal improve
ment is based on alleged improper provisions re-
garding the debt L was further learned that
in addition TO determining the legality or ille-
gality of the bids submitted for the first sec
tions that is. as between the lump and
item bids. there was a further question involv-
ing the legality of the manner in which Superin-
tendent BOYD had conducted his proceedings
with reference to advertising for bids. 1t is as
serted that he could not. under the terms of the
canal law. advertise any contracts until bonds
had been sold Instead of this, the contracts
have been advertised and bids received before
the bonds have been issued or prepared.
Canal contractors who have submitted bids
on the first sections already sending brlefs
TO the Attorney General. maintaining their side
Of the question Of the legality OF the present
bids. and more are expected to come in within
few days.
The Attorney General is devoting all his at
tention TO the problem presented by the bids,
but It is not expected that he will reach de-
eison for several days. He has not yet re,
ceiyed any communication from the anti-canal
interests represented by Elihu Root.
1t was reported on good authority to-day that
since the question of constitutionality so serl-
ously affects bond sales. friendly sult' car,
ried to the Court OF Appeals, would be agreed
upon as the safest solution, although TINS might
mean a delay of year
The canal question came up IN the Senate
tonight on the Bracket resolution to ask the
Attorney General for an opinion, but went
over until tomorrow, when It will be special
order.
1t is understood that when the question of the
constitutionality of the Canal act comes before
Attorney General Mayer he will declare the
law constitutional In doing this 1t is beneVed
forma This will leave the actual question en-
tirely TO the courts.
New-York tribune., 1905-01-17
TRANSFER FOR O'CONNOR.
hcAdoo Thinks Only Three Cap
tains Honest. Says Official.

Declaring that he had been dspleased with the
work OF the police at the Mercer-st station, Po-
lice Commissioner McAdoo yesterday afternoon
transferred Captain John W. oconnor from the
station and sent Sergeant Edward J. Bourke from
Headquarters 20 take command in Mercer-st.
Bourke has been in the Commissioners outer Of
fee for months. OConnor had been in Mercer-st.
only days having been sent there to relieve
Captain Robert Tighe He was ordered yesterday
10 relieve Tighs in Delancey-st-. while Tighe was
ordered 10 report for duty at Headquarters.
Failure TO close poorooms in the precinct was
the reason for Mr.. McAdOos displeasure. Head
quarters men had made raids several poolrooms
IN the precinct Tighe's head before O'Connor
was sent TO clean up the precinct. They made
raid poorooLl in Great Jones-st over MS
in. sixtn-ave.. but ne did not seem TO get busy"
LAST Friday Commissioners McAdoo sent Ior MN
and warned him that he was not doing sood
4 have not been satisfied with conditions in the
precinct" said Commissioners McAdoo yesterday
when he announced the transfers. There IS no
have sent Sergeant Bourke into the precinct rs
acting captain. / know what Sergeant Bourke
S' ~, ns , 81 NJ l.,,ts, "a oa5cia1 ssid tbaf
I nm o 5o,Sbtsa he snod faith Of most
Of the captains In the force. He really oeleEes
that there are only three honest captains on the
Sergeant Bourke was a fighter in the Spanish
20 President Roosevelt. General Greene took him
TO Headquarters as sergeant in his ONCE. After
being desk sergeant in Brooklyn Tor a rev weeks
Bourke was brought back to Headquarters by
Before Captain o'Connor left Mercer-st. yesterday
afternoon he assisted in raid on a pooroom IN
who declared It the last poolroom in the pre-
cinct. and that no more would be allowed to open.
fives battered down the doors of the poolroom with
axes, They broke through fye doors before @ tney
Eight OF the arrested on the charge OF
being interested in the running Of the .poolroom
ephones The eight prisoners were taKen 1a 20 tne m
jefferson Market Court where they were held IN
bail for examination to-day.
New-York tribune., 1905-01-17
TO ADD TO FRANCHISE TAX
amendment Designed to Offset
Court Of appeals Decision.
IgY TELEGRAPH TO THE rn1suxE.1

Albany Jan. ia measure of sweeping effect
although adding only two words to the present
statute, was to-day introduced by Assemblyman
Hooker of Genesee. amending the tax law with
respect to franchise taxes BY recent decision OF
the Court of Appeals in which former Chief Judge
Parker wrote the prevailing opinion. it affirmed
that the section of the franchise law providing
for taxation of capital of corporations employed in
New-York State did not include that portion in-
vested in real estate. the court holding this in
vested, not employed" the law specified
This decision rendered in the of the
Fort George Realty Company which declined to
pay the franchise Back of this other
decisions Of the Court OF Appeals which pointed in
where the corporation owing held that the money
invested there being entirely unproductive. was
Manufacturing, Company, in reference to surplus
These decisions. particularly the most recent one.
are of Widespread Importance to the State revenue
OF them Governor Higgins said in his message:
Which decisions not only reduce current expenses
by large be credited refunds of taxes
but establish new rules for future assessment at
While il is impossibla TO make an exact estimate
funds @ requred that will result from this cause the
Controller estimates the loss at approximately
S1.75O0OO.
Assembyman Hooker's measure. by adding the
words cor invested" to tho law. seeks to cover
this point and the spirit of the original enact
ment. BY this amendment all capital invested
well as that actually employed under the Court
of Appeals definition of the word would be subject
TO taxation, and the sole loss to the State would
be in the taxes already collected under the previous
act, which must be refunded.
But. simple the change in the law is 1t is. in
the opinion of rot a few lawyers likely to have a
far reaching effect. The Court OF Appeals de-
cisions were I'm three separate cases, where COM
panies in fact did not employ the surplus. In the
Fort George Realty case the corporation mere
ly holding company for estate. and the Court
of Appeals decision written by Judge Parker, said:
1t be said in this that II capital can be
invested
has held in two former cases. this is
good an Illustration OF 1t as can be found.
But as n result of the decision, real estate COM
Danies. whose sole business is real estate, have
endeavored to take advantage of the decision and
endless litigation is in sight. But, the other
hand, the Hooker bill will reach Insurance COM
panies, which occupy and own business buildings
and may possibly work hardship The measure is
considered both sweeping and important and is
certain to provoke bitter contest.
New-York tribune., 1905-01-17
HOOKER CASE REPORT.
GrieUance Committee to Lag 1t Be-
fore State Bar Association To-day.
[Bv TELEGRAPH 70 rHE rn1B.rxr.l ]


Albany Jan. 15.-when the State Bar Association
grievance committees report the charges which
were prepared against Justice Warren B. Hooker Of
the Supreme Court. Secretary Wadhams, OF the
Bar Association said to-day that the report would
be considered at Wednesdays session. Justice
Hooker is accused in connection with transactions
which light in the course OF the postal In
vestigation more than year ago The jamestown
bar filed charges with the association, and they
referred to the grievance committee last year
If the report the committee be accepted and the
findings submitted by the Bar Association to the
legislature the matter will be referred to the As
semby Committee Judiciary.
The State Constitution provides two ways OF deal
ing with justices against whom accusations have
be en- presented to the legislature. One IS removal
by concurrent resolution. In this a justice
members of each House. Another method of
procedure is by Impeachment. Such proceedings
are instituted by the Assembly a majority vote
Of all members elected. The trial court is COM
or majority of it, and the members OF the Court
of Appeals. or q majority of them To convict
vote OF two-thrds of the members present ts neces
sary The Judgment OF the court Is limited to re-
position OF honor. trust profit under the State.
Ihe person impeached. however. is liable to indict
ment and punishment in the courts.
IL was said tonight that the investigation COM
mlttee would present two reports. One. which Is
signed by Dean HuffCert. chairman. and a majority
or the committee, would recommend action the
ground or untitneSS, and states that the evidence
does not warrant impeachment. Mr.. Huntington
member OF the committee. IL Is understood, will
action.
New-York tribune., 1905-01-17
MINORITY CANDIDATE.
Democrats Wrangle, but Tammany
Names Smith ". Weed.
[pr TELEGRAPH TO THE TRIBUNE. ]

Albany, Jan. 16-A decided minority, with
only an empty honor to bestow. the Democrats
in their caucus TO name candidate for the
United States Senate wrangled over the NOM
inee and finally named Smith NJ Weed. The
fight was a direct outcome of the Murphy-Mc-
Carren fight in New-York City. The Tammany
contingent, acting under orders submitted the
name OF Smith NJ. Weed. OF Plattsburg, the bitter
political opponent of ex-senator David B. Hill.
When Senator Grady proposed Weeds name
Senator Cullen, of Brooklyn, representing Sem
ator McCarren. who absent. proposed the
name of ex-Judge D. Cady Herrick. of Albany.
the unsuccessful Democratic gubernatorial nom
inee. and intimated that the Weed nomination
directed from the outside. Assemblyman
Willis V. Cooke, Of Albany, seconded this nom
ination.
The mputation contained in Senator Cullen's
speech provoked Senator Grady who made
tart speech in the interest of unanimous
ton.
To add to the harmony OF the occasion As
semblyman Ellis, Of New-York. proposed the
name of Mayor Mcclellan. Mcclellan is ali
right, and we will him again for Mayor"
chirruped Ellis.
Assemblyman Cooke contributed to the gayety
of the occasion by a further championing of
Herrick. He said that the minority ought to
show its independence and nominate man who
Il
whose career lay in times forgotten by many.
This set Senator Grady in motion and he In
sisted that 1t was the men who nominated Her
rick last fall who for Weed now.
Then Senator Cullen lined up his cohort of Nc
Carrenites for Herrick, and Tammany, with
three Brooklyn Assemblymen and a ma jority of
the upstate Democrats, voted for Weed. After
the demonstration Cullen moved to make Weeds
nomination unanimous. and the stormy session
adjourned.
This fight clearly indicates the approaching
struggle for State leadership. 1t also emphasizes
the fact that Tammany is steadily increasing its
upstate strength. A divided minority is also
although the Democrats number only 46 out of
900
New-York tribune., 1905-01-17
ASK BETTER POLICE PROTECTION.
West End Association Committee Tells Nc
Adoo to Restore Two Platoons.

committee of the West End Association went
N Police HEADQUARTERS yesterday and made de-
,nand on Commissioner McAdoo for better police
proteotion in view OF the many street robberies
aud assaults by thieves in the district west OF Cen
tral Park It was evident the committee said that
there were not sufficient patrolmen duty in that
,lart Of the city protect people against thieves
and rufRans. 1t was suggested that for that part
OF the city at least there should be a resort to
the old platoon system to keep the police on
noosts and make posts shorter. 1t suggested
also the force Of patrOlnen might be increased
by cutting off many special details. Too many
policemen IL said. were sitting in department
offices. when they should be patrol guarding
ghe lives and property OF the citizens.
Commissioner McAdoo showed chart of the po-
lice posts IN the part OF the city west OF Central
Park and said he needed men The COM
1nittee promised TO make an appeal TO the Board OF
Fcstirnate to give the Commissioner apprOpria-
tion large enough TO enable him to appoint more
patrolmen. and that the only apparent result
Of the meeting. The Board of Estimate has already
decided not 70 give the money for an increase Of
the police force.
New-York tribune., 1905-01-17
NO SUBWAY ADVERTISING.
Nez0 Feature of Elsberg Rapid
Transit Bill Reintroduced.
lay TELEGRAPH TO THE TRIBUNE.


Albany. Jan. 16.-The Esberg Rapid Transit
bill, embodying the rapid transit theories of
number of civic workers. including ex-senator
John Ford, John De Witt Warner and others.
was re-introduced tonight with a single strik-
ing addition. The present measure provides
that in all future subways advertising in sta
tions shall be prohibited. For the rest the bill
proposes the three principles that have been
suggested so often namely, the construction of
pipe galleries owned by the city coincident
with the subway construction, the separation
OF the construction and operative contracts in
all future subways and the shortening of the
term of the lease of new tubes The Rapid
Transit Commission has thus announced its
advocacy Of the pipe gallery section. and it
is probable that at It's instance another bill
covering this single question will be intro
duced.
The Elsberg Rapid Transit bill is actively
championed by the Citizens Union and va
rious other civic bodies. None the less the
pipe gallery provision. which menaces a num-
ber of city corporations. will certainly awaken
the most serious objections. The bill nearly
passed last year, but finally held up in
the Assembly Rules Committee in the closing
hours of the session.
New-York tribune., 1905-01-17
CHILDLABOR LAW RULING
Employer Liable for Violations,
Whether Intended or Not.
[pr TELEGRAPH TO THE TR1suNE.1


Albany, Jan. 16.-In an opinion destined to nave
a sweeping effect upon cases of violation OF the
law regulating child labor, Attorney General Mayer
to-day held that intent or knowledge is not a
necessary part of the affirmative case ror is 1t
defence. This opinion is written in reply to re-
Quest from the Labor Department for ruling IN
a case where a child, apparently under sixteen
years of age, is employed in factory, and the
employer has a certificate from the parents attest
ing that the child is over sixteen. Attorney Gen
eral Mayer writes:
I am of the opinion that where children are en-
ployed under sixteen years OF age without the GER
tifcate of the Board Of Health the empower 9 Is
liable under the act, and his liability exists IRE
spective OF his intent his belief that he was
right in what he did,
The effect OF this ruling will be to enable much
stricter enforcement OF the law. and 1t will equally
strongly bear upon the employer who. II allowed
to set up the defence that he had no knowledge
intent to violate the law, could hardly ever De
convicted.
In a second part of his opinion the Attorney
General deals with the legal question involved in
the case where a child has secured employment by
means OF a certificate from the Board of Health
which was procured by fraud improper means
He decides that:
The Commissioner OF Health executive officer
Of the Board Department of Health IN @ city,
village which issues this certificate acts in
quasi judicial capacity, and am therefore OF the
EMPLOYER who subsequently hires a child to whom
the certificate is Issued If however. the certificate
is procured by means OF any false or trauduient lien,
statements. affidavit or other unlawful means then
the remedy IS to be found in Subdivision of Sec
ton 3.SA Of the Penal Code. which provides as
And any person who knowingly makes false
statement in in relation to any application made
required by Articles VI and XI of the Labor law
to appear in any AFFIDAVIT. record, transcript or
certificate therein provided for. is guilty of mis-
New-York tribune., 1905-01-17
DEPEW AGAIN NAMED.
HIS OWN SUCCESSOR.
Unanimous Choice of Republican
Caucus.

Albany, jan 16.-Chauncey NJ. Depew OF
New-York nominated to succeed himself
United States Senator tonight at a Joint
caucus Of the Republican members of the legis-
lature The Republican Senators and Assem-
blymen met in the Assembly Chamber, where
Senator Depew's name was placed before the
caucus by Senator Elsberg and Assemblyman
Apgar.
Tomorrow the two houses will vote separately
the nominations made tonight and on
Wednesday provide for the formal transmission
of their choice TO the United States Senate.
Senator Wilcox presided In the Republican
caucus.
The name of United States Senator Depew
was presented by Senator Elsberg. of whose
district Senator Depew is resident 1t he
who nominated Senator Depew six years ago.
In the course of his speech tonight Senator
Elsberg paid glowing tribute to the memory OF
President Mckinley and to President Roose
welt. He referred to the solution OF questions
pending six years ago after the close of the
Spanish war, and then said:
phetio vision foresee the great events that were
TO come. But we did appreciate that what was
years was a representative in the Senate OF the
United states whose face should be turned towards,
to its needs and to Its demands upon the he
to perceive and the eloquence to e2ress the wishes
and the hopes of the people Of Nsw.York and Of
the nation. and whose voice should ring clear and
true on every question that affected their
prosperity. their progress. and their honor
Such thought found. and the
years have justified choice He hns kept
the faith with us. and shall not withhold
from him the tribute which his course has earned.
In the fulness Of his hOnored years. but with all
the undiminished intellectual vigor and the opti-
mistic heart and hope OF youth. with the ripper tx
perience which six years service in the Senate
give, with the stores of wit and eloquence at COM
mand. with patriotism undimmed and spirit IN
daunted, he will in these next six years-big with
surpass the record which he has already made and
render better service to his party to his State
and TO the nation.
In Difference to a. public sentiment unmistak-
able 1t is Just, in gratitude for record of de-
yoton to his party unequaed in the history of the
State, in answer to the demands OF party duty and
OF the public interest I nominate the Republican
candidate for Senator OF the United States-to sue
York.
Mr.. Apgar spoke briefly, seconding Senator
Depew's nomination, behalf Of the Assembly
The nomination was made unanimously.
New-York tribune., 1905-01-17
COTTRELL FILES CHARGE.
Detectiue focused of accepting
Prftchet Reacmrd the Defendant.

Captain Cottren Of the Tenderloin precinct yes
terday preferred charges against Detective Ser
gesnt Cornelius Sullivan, attached to that sta
tion. The charges have grown out Of the theft
from man named Pritchett OF Alabama OF $500
IN a Tenderloin resort. Sullivan recovered the
money. and. is said. returned IT to Pritchett be-
fore reporting TO Captain Cottrell. Sullivan re-
ceved receipt for $500 from Pritchett although
Il alleged that he retained $500 with the consent
and knowledge OF Pritchett.
District Attorney Jerome said last week that sui
Ivan had testified that when he saw the District
Attorney visiting the Tenderloin station soon ar
ter the recovery Of the money he took the receipt
from the June book. and concealed IL IN the De-
cember receipt book, thinking that the District
Attorney investigating the case.
New-York tribune., 1905-01-17
CHANCE FOR CHEAP GAS.
asserted That OdeH SAID Legislature
Would Force IT.

II announced yesterday at the offices OF
the Merchants Association that on Saturday
last State Chairman Odel told Frederick b. De
Berard. Of the association, that the legislature
would this winter pass law compelling the
gas lighting companies Of this city to furnish
gas to private consumers at 15 cents a thousand
feet
Mr.. De Berard also told his friends yesterday
that the State chairman had also said that there
would be an Investigation of city lighting by
committee OF the legislature
New-York tribune., 1905-01-17
ITO SOFTEN" EXCISE Law.
pleasure to Make ReUOcatiOn Of La
cense Discretionary.
lBT TELEGRAPH TO THE TRIBuHEl

Albany, jan 16-One of the measures ad-
vocated by the Liquor Dealers Association last
year. for which the legislative committee OF that
body is alleged 10 have spent money i'm wining
and dining legislators was introduced by As
semblyman Brooks. OF Erie tonight II was
the work done for this and similar measures
which constituted the basis for the grand jury
presentment sent TO the legislature last week.
Mr.. Brooks's bill amends the Ralnes law by
making discretionary with the court the section
providing for the forfeiture of the license in
case of second offence. thus breaking down
the whole mandatory power of the law This
measure, intended ito soften" the excise law
furnishes a part of the cause for last years
scandal
New-York tribune., 1905-01-17
FOR LIGHTING INVESTIGATION
[nr TELEGRAPH TO TEE rrl

lbN TELEGRAPH TO THE TRIBUNE.l
Albany, Jan. 1.-THE joint resolution OF the
Merchants Association calling for a legislative
INVESTIGATION of the lighting situation in New
York City. and also containing provision for an
investigation of the subway companies. which
nsures q probing Of the telephone rates. was in
troduCed in the Senate and Assembly tonight
This measure was summarized in The Tribune
this morning IL contains no other provision
than embodied in that abstract beyond pro-
viding for the collection of statistics OF cor
poration cost OF Iighting In other cities