davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1907-01-10
"MAYOR'S ACTS LEGAL. !"
So Says Justice DaUy, Euen If
Hearst Is Seated.
[Bv Telegraph to The Tribune.


Rochester. Jan 9.-Interest in the outcome Of the
Mayor OF New FORK is strong among the voters up
state, and therc IS much speculation to what
might happen should Hearst be declared elected
in place Of Mcclellan.
la response to the query Would the official acts
of Mayor Mcclellan be valid in recount Of
tice John NJ. Davy said tonight:
'It Is my opinion that all of AIcClellan's official
acts Mayor de facto would be held valid up to
the time that judgment entered oustng him
from the office He has exercised the functions of
the office under color of election.
The principle sustaining the validity of his acts
is that, having exercised the power and functions
pertaining the office of Mayor de facto, justice
and public policy require that the interests of the
public shall be protected and that lis acts, with
in the scope official authority and duty, shall be
and trusted the Mayors apparent title TO the
office shall be protected .
Would the city of New York be obliged to pay
Hearsts salary Mayor We'll as Mcclellan 50?
once paid the compensation given by law to Me
Clellan while he holding the office of Mayor
and dscharging its duties with color of title with
his right thereto not determined against him by a
competent tribunal, is protected from making a
second payment
''Would IL be necessary for the State Legislature
TO pass act making the acts and appointments
of Mayor Mcclellan legal and VALID
"Ip my opinion it would not. If Mcclellan IS
ouEted by law his up to the time he was ousted
from the time of the entering Of the judgment until
the end of the term
New-York tribune., 1907-01-10
Among the other appointments Of presiding
officers and clerks in both houses were these:
STOCK TAX UNCHANGED.
amendment to Lac Held UncOnsti-
tutionaE by Court of appeals.

Albany. Jan. 9.--On the ground that If sought
to establish an arbitrary and unreasonable cassi-
fication and discrimination. last years mend
rnent To the Stock Transfer Tax act of 1905 has
been declared unconstitutional by the Court Of
Appeals. The original law. which this court
sustained some months ago. and which was sus-
tained also by the United States Supreme Court
on Monday. is pronounced by the court TO be in
full force and effect, the opinion by Judge Vann
declaring that the new section. being uncon-
stitutional and void, never breathed"
The amendment now declared invalid sought
to impose the . cent tax each share" of 500
or fraction thereof, of face value fraction
thereof, instead of on each 500" OF face value
or fraction thereof.
"The act Of 1905" says Judge Vann, made
no discrimination between the shares Of differ
ent corporations founded the accident Of the
amount for which they were issued. but taxed
the basis of uniform amount of face value
s the standard The tax was measured by
500 Of face value, ascertained by counting the
shares if issued for exactly that amount, by
dividing each share into multipes of 500 IL
issued for more. and by adding the face values
sum if issued for less. The act now before us
does not classify by arranging according to
quality. but by arranging according to accident.
While il places ali corporate shares in a class.
still il does not all members of the class
alike, but without method order bears heay-
lily upon some and lightly upon others, which,
IN effect is a further classification. Thus IL
imposes the same tax the sale of dollar
shares and hundred dollar shares"
New-York tribune., 1907-01-10
WR. BURNHIM RENAMED.
Choice Of Nee Hampshire RcpubH-
can Caucus on Joint Ballot.

Concord. n H.. Jan 9-New Hampshire's absorb
ing and long fought contest for United States Sena-
tor eliminated tonight I'm the denomination of
United states Senator Henry f.. Burnham of Man
chester. bt the Republican members of the Leeis-
lature, and the Republicans control that body by
large majority the action of the party caucus
tonight will undoubtedly be ratified when the cleo
ton takes place next Tuesday
In notable contrast To the last Republican state
convention In New Hampshire, when many vote s
were taken before Governorship nominee was
agreed on the issue tonight was decided on one
ballot Senator Burnham received 1874 votes The
vote In the caucus follows: Whole number
of votes. 2IJ necessary for choice 1877: Henry +
Burnham. of Manchester. 194: Congressman Frank
ID. Currier, of Canaan, 81: George r. Leighton or
Dublin. 2S: Henry NJ. Baker of Bow Il; Rosecrans
W. P!lsbury of Londonderry 3; Ex-Governor Ches-
ter b. Jordan of Lancaster, L. Ex-Governor John
T. Chandler, Of Concord, !. Senator Burnham was
declared the nominee of the caucus, and accented
the nomination in brief speech.
The caucus was late in determining its choice on
account of the length of the many nomina tin .,
speeches, some OF which We're sensational CHARGES
or bribery and Intimidation involving an attack an
the Boston & Maine Railroad, constituted the
most interesting features of the discussion and ar
times threw the meeting into turmoil. Members of
the Lincoln Republican Club, which supported the
the last Republican state convention urged the
nomination for senator of George b. leighton of
Dublin. who received twenty-eight votes.
The principal argument employed against Sem
that he was favored by the Boston &; Maine Rail,
road interests. ~
New-York tribune., 1907-01-10
TO WAGE WAR ON COCAINE.
State Board of Pharmacy Takes Action at
Annual Meeting in Albany.

Albany. Jan. 9.--The State Board OF Phar-
macy has enlisted itself in the war on the inds-
criminate sale and use of cocaine, the victims
Of whose abuse figure increasingly in the Grim
inal pauper and hospital records OF the state
In its annual session yesterday the board took
steps toward securing legislation at this session
TO prohibit the sale of the drug in any form
except on a physicians prescription. This ac-
tion taken on the recommendation OF the
poisons committee, comprising DR.. William
Muir. of Brooklyn, Byron NJ. Hyde, Of Roches-
ter. and John c. KreIger. of Salamanca The
matter is in the hands of special committee
on legislation. consisting OF Dr. Muir Warren
l.. Bradt, of Albany, and Mr. Kreiger.
The proposed measure would permit the sale
OF cocaine on only one condition, that of a
physicians prescription. which be filled but
once. II is said that the measure will be dras-
tic enough 10 reach many sO-called Catarrh
remedies and other concOctions known 10 con-
tain cncaInn-
New-York tribune., 1907-01-10
STATE BUILDING PROBE
Governor's Legal AdUiser EN-
po7cered to Begin Investigation.
lBy Telegraph to The Tribune. ]

: Albany. Jan. Ex-Governor Hughes began his
second investigation OF affairs to-day, this
time taking UP the conduct of the state build
ings. At a meeting of the trustees of public
!, buildings this morning Ernest w. Hufcut, the
Governors legal adviser, was empowered to take
! up various conditions in the Department Of
Buildings which have been the subject of con-
siderable discussion. He VIII have power to
examine witnesses and go through papers and
records.
The Governor announced the authorization of
his legal adviser TO do this work, but would not
discuss # further than TO say that the trustees
{ wanted to know the facts. Last winter irreg-
: uarities in the Weighing OF coal for the state
boiler houses were called 10 Governor Higgins's
attention He investigated through Building
Superintendent Cahill. The Albany County
grand jury took up the affair, Governor Hughes
apparently had this situation in mind.
e. II. Faiiows, formerly Assemblyman who
has appeared as counsel in many Inheritance tax
cases called on the Governor to-day regarding
the letter sent To Controller Gynn asking for
Information TO the collection of the tax Mr.
Failows volunteered 10 tell the Governor all that
had come under his observation in such cases
and VIII draw up a scheme which he will for
ward 10 the Governor. IL is understood here
that he obtained large fees. Governor Hughes
was asked IL he intended 10 investigate the con-
duct OF the corporation tax bureau of the Con-
troller's Office IN view of the charges filed
against that bureau last year. He said that he
cid not have !; i'm n.ri at this time
New-York tribune., 1907-01-10
AIMED 1T DIRECTORS.
Bills to Make Bank and Insurance
Men Toe Line.
IRy Telegraph to TIE Tribune J

Albany, Jan. 9.-Senator SAKE of New York,
introduced a group OF important bills tonight,
designed to compel strict attention TO duty on
the part of directors of banks and insurance
companies. One measure provides that the Su-
perintendent Of Insurance shall make such rules
for the conduct Of directors Of an insurance COM
pany he deems proper. These rules shall be-
come part of the bylaws OF the company, and
violation of any of them may De punished by the
removal of the director from Office Each director
of domestic insurance company. within ten days
Of taking Office, shall file bond in such sum
as the Superintendent of Insurance may direct.
Failure TO file the bond within ten days may rem
der the Office vacant, unless the superintendent
grant an extension, which may not be Of more
than twenty days. Any director holding Office
when The bill takes effect must file his bond
within thirty days.
Another bin amends the Banking law by i'm
posing the same duties on directors of banks as
those OF the insurance men in the preceding bill.
Two other bills-wnich complete the group-give
the Supreme Court equitable jurisdiction over
actions against directors and trustees. and
specify the causes for actionable negligence on
the part of directors.
Senator Agnew presented a measure TO per-
nit the teachers in the Normal College, in New
nnent fund the same as other teachers When
the Twenty-year Retirement law passed
last year the teachers in the Normal College,
through an oversight, were omitted.
Senator Fuller had a bill changing the juris-
diction OF jail buildings in Kings County from
the Sheriff to the Commissioner of Corrections.
Sheriff Flaherty approves OF the change.
Senator Gilchrist introduced a bill creating a
local railroad commission Of seven members for
New York City. two members from Manhattan
and Brooklyn, one each from Richmond, Queens
and the Bronx. They are to be appointed by the
Governor. but their successors elected. This
measure is not one which fulhls the suggestions
IN the Governors message Senator Foelker put
in the old bill for a three-cent fare for school
children IN Kings County.
New-York tribune., 1907-01-10
RECOUNT BILLS SOON.
Page and Murphy to Introduce
Measures Nert Week.
IBv Telegraph 10 The Tribune. ]


Albany, Jan. 9.-Senator Page and Assembly
Murphy will introduce early next week blils
covering Governor Hughess recommendation for
a recount. These bills are being drafted now.
and there will be two. one will specifically per-
nit a recount of the ballots in the election III
New York City in 1905 The other will govern
all disputes that may arise in the future.
The first will be rushed through by the major
ity party and the Tammany Democrats The
second bill, governing future contests, will be
considered and passed on in more leisurey
manner.
A prominent Republican Assemblyman said to-
night:
''The Governor has advocated recount of the
ballots cast in the last mayoralty election In
New York City. We feel that this should be
given Immediately. If Hearst was elected he
should he seated as possible. If a re-
count shows that he was not. then it will put an
end to the whole business. Nothing can be
gained by further delay.
New-York tribune., 1907-01-10

colqmha 2.,! Loos New York; Mooney Kings; Stern New
PEBLlc .HsTTTUTIoNs- Furd. Rockland; Whitney.
g. osweEo Lupion suffolk; Smith, Myron Dptenss.
pohhs. New York Wagner New York: Gluck. Kings;
MILITARY .AFTAIRs-wers, New York; Winters. Winters.
Hamilton. Chauauqua Rslston Kings Conrady Kings;
soLDiERs IIoMEmc chaabcriain steuben. whitney,
G. II. Saratoga Dudley cayuga; Boshart lewis New
Foley. :. =. Niagara Jacobs, Kings; Sheridan. New
ARcLT Lewis Matthews Isgigy q1s5a FganIn
L'.n9n sunoH sue onelda Lo%e Jser5?h' = W SIi
van; Nance Orange; Holmes schoharie; Croak' Rich
cLAINs De Groot. cone Kings: wensrt' ZsGt
Kings: Glove, kings Ganiey. New York Cuviler. New
CHARITABLE AND RELIGIOUS sOCIETIEs-Nevins,
Wyonns Miller Nassau cunRngham Tissr ai6eF Mf6
westchester Carrie Queens Loos Kew York: cavanaush
FEDERl RLAIoNs- Erie allen anss Gha.-
0ranee; @eos5asan Kings; Mailon Erie: L0os' Ne"
STATE PRisoNsDWaddcil Warren Filey. .Rens-
feafr T55f M@es A5any P2mny ginGn n Sw YoTS
DTs5 ,b f'ung r s" otser CaTb queens
TRADEs MA&tFlertR Francis; af-,,,;Ss,g SsE
Iswis oneida smith caris otssso: nIecue. New
TNDIAS Affairs Matthews franklin; sehoeneck.
g Wgm Erie MsTn Kne noe Stern New
RrLEs|speaker" wadsworth: Moreland chemung;
Prentice, New York: Merritt, st. Lawrence Oliver New
PRINTED AND ENGROssED BIIJLs-west. Yates;
Cole schuyler: Parker Genesee; Wagner Ne" io'h'
Gsny, New -.
UNFINISHED BCSINESS-Gray. ST. Lawrence: NILS
Fulton and Hamilton; Lewis. Oneida; CARRIE queens
Buckley, New York
Among the other appointments Of presiding
officers and clerks in both houses were these:
sENATEAssistant clerk Finest A Fsy ST. Law
journal Henry Seilbeimer, Erie executive
clerk Edward F. index clerk, A b
Parker Jefferson: chief Of engrossing Horace g
Secretary OF Stateli
librarian, W. Maxon. Westchester: financial clerk T.
r. Ford. otsego; postmaster Clarence Reed ChauaHqus
Observation-Disclosures clerk. Ray b. Smith, Onon-
osga: journal clerk ". X Mansfield, Saratoga: index
clerk Charles II Wicks Chautauqua; librarian, Henry
Mable Putnam: financial clerk. O. A. Matteson. Cat
taraugs: Millard, Albany; post
master John s. Harrington. Ontario
New-York tribune., 1907-01-10
NO MONOPOLY IN NAME OF WEBSTER.

Boston, Jan Amy publisher has the right the
Of Webster IN connection with the publication
dictionary. according by Judge Colt OF
Circuit announced here to-day the
copyright giving the exclusive right Of the
name having expired in 1859.
The decision the G.. & G Merriam
Company. Of Springfield which sought retain the
elusive right to the Webster oS
English language and asked tho
George W ogvie. Chicago from using ths
New-York tribune., 1907-01-10
ESCAPES FROM BOSTON JAIL.
Prisoner Said To Be Wanted Here on Charge
of Forgery.

Boston. Jan. 9.-For the fourth time within
year a prisoner escaped from the Charles street
Jail to-day He John s. Glover who was
being exercised in the jail yard. when he broke
away from the other prisoners and scaled a
fourteen-foot wall al the Fruit street end OF the
yard. Glover was followed by a guard who also
scaled the WALL but the fugitive slipped away
from the officer in an alley and his trail could
not be picked up.
Glover arrested last summer on a charge
New-York tribune., 1907-01-10
GOVERNOR TO REFER DIFFICULTIES
Guest of Albany Chamber of Commerce
Believes World Grows Better.
IBy Telegraph 10 The Tribune. J

Albany. Jan. 9.-Governor Hughes was the guest
Of honor tonight at the dinner Of the Albany
Chamber of Commerce at the Hotel Ten Eyck He
made a pleasant speech. in which he declared that
IN spite Of a deep strain of pessimism which was
manifest ut times, he believed the world was grow
ing better rather than worse.
f'If it were not So he said. 'our affairs would
have been all wound up long ago and the devil
would have been the receiver
The Governor said that he hoped he and his ad-
ministratio would ut all times have the confidence
of tho people. ~, .,
"Whatever difficulties | encounter at any time,
said he Il shall refer direct 10 the people
New-York tribune., 1907-01-10
GILLETTE APPEAL NOT MADE.

Utica, n. Y, Jan. 9.-As less than three week,
intervene before the date set for the execution
of Chester r. Gillette, considerable tnterest
has arisen as TO wnat move will be made to stav
the execution, and when ii will be made Gil
lettes lawyer. Charles d. Thomas said TODAY
that there was plenty Of time In which TO serve
notice of appeal but he would not say when II
would be done. -
New-York tribune., 1907-01-10
A DIRECT PRIMARY MEASURE.
Assemblyman Francis and Senator Green
Introduce Measure
rBy Telegraph 10 The Tribune. ]

Albany. Jan. 9.-Assemblyman Francis. Of New
York. introduced direct primary bill drafted by
a sub committee of the New York County Repub-
lican Committee. The same bill was introduced by
Senator Green. 1t applies to cities of one million
or over and to other political subdivisions that
may vote to adopt IL II provides for primary
election for all parties. Names the ballot are
to be arranged under the name OF the Office for
which nomination Is made
New-York tribune., 1907-01-10
GOVERNOR GILLETTE lNAueuRA1ED

Sacramento, Cal. Jan. 9-James ~ Gillette was
lnausurated Governor this afternoon. In his ad-
dress 10 the Legislature the Governor requested the
passage of pure food BILL invited the considera-
ton of direct primary law and suggested amend
ments TO the state insurance laws affordng better
protection to policyholders, recommending con-
setts on this subject.
New-York tribune., 1907-01-10
SENATOR MMANus GETS A sEND.oFF

Albany, Jan. 9.-Fifty members of the Business
Mems Association of the 11th New York Assembly
District came here to-day to see Senator Thomas
}. McManus start on his Senatorial career. With
the delegation which came To Albany I'm n special
car, were the senator's mother and seven brothers
New-York tribune., 1907-01-10

There is an attraction in the mere
fact that at this season you can still
choose here front ample stocks of
OvercOats and suits.
To that we add by constantly mark
ing down lots where sizes are broken
or sales tagging.
Just yesterday we reduced 900
regular overcoats to $50, former
prices from S25 to S35-the great
majority though are size ~ or still
larger. On the other hand among
40 paddocks marked $50 instead of
S45 and $50 there was a fair range
of sizes.
ROGERS, PEET & COMPANY.
Three Broadway Stores
al az az
Warren st. 18th ST. s2nd St.
New-York tribune., 1907-01-10

of larceny. and the term OF his Imprisonment
al the Charles street jail would expire to-mor-
row. At that time. however. II was planned TO
take him TO New York City. where. the police
say. he is wanted on a charge OF forgery.
New-York tribune., 1907-01-10
PILES CURED IN TO "a p.vs

FAzo OINTMENT is guaranteed to cure anv ea.. =,
Itching Blind. Bleeding or Protrudins Piiss IN 81
days money refunded - ~ -
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-05-22
Got Many Ties.

A. G. Mclean, the representa-
tive for the Martin Bros, tie
dealers Of Duluth, informs the
Pioneer that he and Joseph Elan
nigan, tie Inspector for the M. &
I. railway, have just completed
inspecting and accepting $4,000
ties lying along the north line of
the M. & I. from Bemidji to Big
Falls, which were sold to the rail-
way company by the Martins.
W. H. Flanagan, tie Inspector
for the Great Northern railway,
has also inspected and accepted
10000 ties along the line of the
Great Northern from Bena to
Lengthy, which were the property
of the Martin Bros.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-05-22
LARGE FUND IS PROPOSED
Manufacturers Will Fight "In-
dustriaI Oppression

New York, May PA fund of ST.
100000 to-. be expended in fighting
industrial oppression" in the next
three years was called for by Pres
ident James w. Van Cleave of the
National Association of Manufacture
ers at their annual convention here.
President Van Cleave appointed
committee of thirty-five manufacture
ers to find a way to raise the money.
Mr.. Van Cleave announced his plan
at the conclusion of his annual ad-
dress, in which he declared the prin-
ciples Of the association to maintain
the open shop, to oppose the boycott,
the limitation Of apprentices, limita-
ton of output and dictation by labor
unions. He also declared that the
manufacturers must combat the newer
issues caused by the determination of
labor union leaders to terrorize the
president, congress, judges and juries.
President Van Cleave added:
1--WE want to federate the manufac-
turefS OF tnlS country to effectively
fight industrial oppression. The pres
ident ought to have fully 100000 a
year for the next three years. We
should certainly provide ways and
means to properly finance the associa-
tion, to federate the employers of the
country and to educate our manufac-
turers to a proper sense of their own
duty, patriotism and self-interests."
President Van Cleave then appoint
ed committee to confer with him as
to ways of raising the money. On
this committee, among others, are
Elliott Durand and G. H. Smith, I'LL
nois; G. c. Hench and David M. Parry,
Indiana; H. E. Miles and William E.
Tallmadge, Wisconsin,.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-05-22
GOvro Went"t0 His Claim

Roy Govro, who has been clerk
at the Bazaar store for some time
past, left last evening for his
claim on Battle River, where he
will remain for some time, look.
ing after the erection of some ad-
d1tions to his buildings and
otherwise improving his prem
Uses. Roy has a valuable claim
and intends to make the place
blossom like the green bay tree,
in the not distant future. The
baseball microbe has a. strong
grip on Roy, and it is dou btful if
he can remain away from civiliza.
tion for any great length of time
when the song of the umpire is
again heard in the land.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-05-22

Tonight: "The Unwritten
Law at City Opera house.
Price 1Oc.
Chris Olson spent last night at
Northome, where he has some
business interests.
Joseph Palmer has been APP.
pointed patrolman to succeed
Joseph Mortz, resigned.
J. F. Essler, the agent for the
Minneapolis Brewing company,
went to Mizpah last evening in
the interest Of his company.
A. E. Whiting, the cedar con
tractor and logger, went to
Blackjack last evening, after
spending yesterday in the city
with his family, who reside here.
Mrs. Fred Luken of Brainerd
arrived in the city last evening
and will visit for several days at
the homes of her brother and
sister, Floyd Brown and~Mrs.
George Kirk. I
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-05-22

wise dangerously injured as a result
OF the outbreak Of the Black Hundreds
here following the assassination of
three police officials at the Central
police bureau by the explosion of an
Internal machine. In addition about
100 persons were less seriously in
jured. The victims included women,
children and Students It is alleged
that, out of revenge for the assas-
sination of the three officers whom the
Jews had nicknamed the heroes of
the anti-Jewish riots" the police
turned the Black Hundreds loose,
armed with clubs and rubber sticks.
Jews were brutally beaten in the
streets and many houses in the Jewish
quarter were looted and their occu-
pants terribly beaten. The disorder
lasted for several hours, the police
making no attempt to suppress it.
Further outrages are expected.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-05-22
Will Be Located BY Otterstad.

Nels Otterstad, county ap.
praiser for state lands, came in
yesterday from Northwood, N.
D., where he had been on a visit
for a week. Mr.. Otterstad made
his home at hardwood for sew.
eral years, and still has interests
in that vicinity. While he was
there he Interested several Of
his neighbors in lands in this
part of the state, and he says
that thirty-one men will soon
come from Northwood to look
over locations which will be Sc.
lected for them by Mr.. Otter.
stad.