davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
800 CITY EMPLOYEES LOSE.
Appellate Division Holds In Test Case
That Their Reduction was Proper,

Appellate Division Holds In Test Case
That Their Reduction Was Proper.
The Appellate Division of the Supreme
Court In Brooklyn has reversed the decision
OF Justice Maddox. who had decided In
favor Of George w. Walters In his suit
against the city Of New York to recover
the difference between S 1880 and 81 300.
his salary having been cut down from the
former to the latter figure by the Board Of
Estimate and Ap~portionment in April, 1907.
He was a clerk in the Department OF
Finance He also alleged that by the reduo-
ton in salary II meant his reduction from
a fifth gradet to a fourth grade clerk.
Justice jerks OF the Appellate Division
holds that il the theory Of the plaintiff il
correct and that his reduction was a re-
moval from Office the right way to begin
suit was to bring an action to obtain his re
instatement to the Office he held before
his salary was cut. Justice Gaynor, while
agreeing with Justice jerks in reversing
Justice Maddox, differs IN some points.
He holds that the Board OF Estimate had
power to reduce salaries.
To reverse the plaintiffs Judgment"
he says, "on the ground that he brought
action prematurely or, that is, before first
getting himself reinstated in his Office by
a writ OF mandamus, when in fact he
has never been out OF his office, and there
fore cannot be allowed such a writ, would
only be misleading him."
tn decision OF the Appellate Division Is
interesting to 800 employees OF the city
who were awaiting what they expected
would be a confirmation Of the Judgment
OF the lower courts so that they could re-
cover back pay for five years. The Walters
action was the test case.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07

The Assembly Committee on Rules is
still holding back the night police court
bill, If it persists in its neglect to report
this measure it no only must assume the
responsibility Of indifference to public
opinion, but be subject justly to the
suspicion Of being a party to an alliance,
offensive to all right thinking persons,
between the only interests that oppose
it. These are the professional bonds
man, who fattens his purse by preying
on vice and crime, and the political
schemer, who hopes to share the crumbs
of patronage. ....
Certain political managers have sug-
gested that the bill should be amended
SO as to make the night sessions manda-
tory. This move would make the death
of the bill practically certain. 1t would
require another vote in the Senate with
reference to committees. II Is wholly
unnecessary. The Board of Magistrates
has gone on record unanimously for a
night court and to bring it about all that
is needed is the appointment of two more
Magistrates.
No bill in years has had a larger meas
ure Of popular support. Its passage is
necessary for the cleansing Of the court
of the masses. The Committee on Rules
should not delay a single hour in report
ing it in it's present form.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
THE REPUBLICAN PARTY and
NEW YORK CORPORATIONS.

To THE EDITOR OF Thu SuE-SI: IL New
York 10 TO put order into It's own corpora
tlons and Joint stock companies, and reeu-
late In proper fashion" (using, President
RooseveIts pet world the foreign corpora
lions doing business in his State. there must
be q body Of picked men 70 whom the rultne
shall under State law be delegated. what
shall their tenure Of ofice bef That ~ q
critical question here and now.
The Republican party 10 to be held re-
spon sible for legislation In Albany as IN WASH
ingtoh. and for the reason that the Demo
cratic party III there 10 such g thing) 10 unoet
Republican feet. Why should not the same
Republican rule exist In Albany regarding
removal of public utility commissioners as
IN Washington regarding interstate COM
meroe commissioner? II right and eIpeal-
ent for Roosevelt to remove Bummarhy' why
should not Hughes have like powerf
Under the Hepburn law OF 1881. as amended
by a Republican Congress In 1905. the Presl-
dent can OF win remove any railway COM
missioner for inef1cienoy. neglect or mali
feasanoe IN ONCE. In order to ASCERTAIN ana
tx reasonable maximum interstate railway
rates. the commission can summon before
itself any corporation or person ana compel
an answer to questions. The opportunities
for prejudice or injustice or personal party
purposes are enormous.
The President is bound to take care
that the Hepburn law. a. amended, 10 duly
executed by the commissioner. IL they
shall not be jealous TO execute his will, they
know that q summary removal stares each
and all seven of them full In the face. The
President need only speak softly" and point
to "the big stick
Such a tenure OF office, II just and good in
Washington for interstate railways, ought to
be presumably just and good in Albany. ut
least in Republican estimation. for State cor
porations.
There 10 the same danger that President
Roosevelt wnl use his arbitrary power over
his interstate commission for selfish or venal
or other improper purposes, az that Governor
Hughes Ill use q similar power OF removal for
purposes similarly intolerable.
ALBANY. May q. PARTY RULE.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07

acting all Of Britain's sea. borne COM
merce under q neutral flag. The injury
thus inflicted on British shipowners would
obviously be tremendous, and experience
has shown that Il would be doubtful
whether British 8 Ups would ever re-
their former vastly preponderant
share Of the ocean carrying trade.
Nor was It only In this respect that
Great BriGain's adhesion to the second
article OF the Declaration Of Paris was
harmful to her interests. II deprived
her Of the most potent weapon which
she had formerly employed against
France and the latter's allies. The British
Foreign Office had previously held that
the flag did not cover the cargo. and
thus all attempts Of France to maintain
commercial relations with her colonies
or with her transmarine customers by
shipping merchandise under a neutral
flag were foiled. In the next great wal
wherein Great Britain finds herself en-
gagged her enemy's import and export
trade win be transacted under the guns Of
British cruisers, by virtue Of the second
article OF the Declaration Of Paris. She
cannot, therefore, tire out an enemy as
abe eventually exhausted the %pecuniary
resources Of the Napoleonio empire.
If, on the other hand, Great Britain,
cooperating with the United States. can
induce the Hague Conference to pro-
claim the inviolability Of private property
at sea, under an enemy's flag no less
than under a n~eutral's, the activity Of
her enormous mercantile marine will
unimpaired in war time and
her importation Of food staples will be
unrestricted, so long, at least, as her
principal purveyor, the United States,
remains neutral. But II the ihviolabil-
ity of private property, ven under an
enemy's flag, is not asserted at The
Hague, British importers and insurers
Of grain and meat would undoubtedly
that these products should be on
veyed across the ocean under the flag
Of some neutral Power, the United States
Norway, for example.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
Tho Halt in Prosperity.

To THE EDITOR OF THE SUN-Sir:' Presl-
dent Roosevelt con graduated Congress In his
first annual message OF 1901 on the restora-
tlon OF business confidence since 1905 and
the then Astounding prosperity He denied
that law alone had created it. Individual
capacity" had done its share. yet he insisted
that very serious social problems" confronted
the country and that old avs and old customs"
were then insufficient.
Among those perlis he specified q startling
increase In aggregate wealth and In individ-
ual and especially In very large corporate
fortunes"
To the control Of corporations he devoted
q large part of his FIRST and much Of. his fol-
lowing annual messages to Congress. He
urged Governmental supervision. He de-
nounoed as visionary the hope OF adequate
control by the several States which had created
the corporations. He announced to Con gress
his conviction that the national Government
could exercise under the existing Copstltu-
ton the needed control. but IL not, then q n
amendment OF the fundamental law must be
had. In each subsequent annual message the
need OF national control was repeated and
ridicule OF the probability OF adequate State
regulation was reiterated.
Whether the Republican party will. as q
party, indorse and uphold condemnation by
its President Of American railway corpora
tions is In debate within the party. Uncer-
tainty regarding the final outcome has
already checked the Astounding prosperity
existing when President Roosevelt entered
the White House. European investors draw
back from putting their money. excepting at
high rates Of interest, in railways whose
doing 60 are censured by the President OF the
United States. Germans. Frenchmen and
Dutchmen are likely 10 keep clear OF home
investments at which their respective Gov
ernments are seen to look ask&nce, and much
more are they likely to avoid the purchase
OF American securities on which the American
Government throws ice water.
American prosperity haits till the policy
and purpose Of q united Republican party
regarding American corporations shall have
been disclosed. oNLooKHR,
NEW York. May o.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
At Jamestown.

Practically no one now believes oil
pretends to believe that the jamestown
Exposition will recover from the mis-
fortunes which have overtaken it. Nor
do any great numbers OF we'll meaning
persons any longer waste time in dis
cussing the aus Of those misfortunes
or the forces whereby they we're hurled
against the enterprise, to its destruction
Enough to know that even the most opti-
mistio and light hearted now fix the
earliest date for a real opening" at July
l, or, in round figures, sixty days hence
whereas the cautious and conservative
maintain the proposition Of a much later
date, ~conceding all the financial and
emotional accessories that may be in
dispensable meanwhile. Thus we have
as material for speculation the admitted
fact that the exposition, assuming in its
behalf every possible resource Of money,
enthusiasm and well directed skill, can
not be put in complete order before the
early weeks Of July, and the definite
probability that none of these conditions
will materiali2e within the period men,
toned, or at any other time.
1t is no part of our purpose to moral
ize on this unhappy condition. Every
reader OF THE SUN must know that we
have ardently desired the success of the
jamestown Exposition. The enterprise
was unique in many ways. For one
thing, it had a visible and obvious rdison
d'etre. Then there were circumstances
Of physical and sentimental attraction
which intelligently exploited would have
assured a memorable and victorious con-
summation. Finally, the location and the
climate lent themselves to the original
scheme with an opulent and eager pro-
fusion. AS FITzHUGH LEE was won't to
put it: Hundreds of thousands of peo-
pie resort each summer to the seashore.
Offer at jamestown the same waterside
advantages Of cooling breezes, ocean
bathing and other recreations and add
to these attractions the captivating ex-
perience Of a naval and military spectacle
unprecedented in history and most UNI
likely to find a duplication in the future.
Can you imagine but one RESULT"
General LEE'sidea was to makeHisitors
as comfortable there as elsewhere, all
other things being equal, and then to
them besides a ~pageantry at once
novel and Notwithstanding no
one else had ever seen before. something
be remembered and handed down
succeeding generations. The
Lee idea, however, seems to have died
its author, and SO far as we now see
the jamestown Exposition" is EMBODIED
N its melancholy cerements.
IL this be not the last of Congression-
ally conducted private enterprises we
are much mistaken and shall in the end
be greatly disappointed.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
DEAN HUFFCUT'S FUNERAL.

Gov. Hughes. President Schurman OF Cor.
nell. Andrew ID. white and Others Present.
B~INoHAMToN, May e.-The funeral Of
Dean Ernest w. Kuffcut was held at 1 O'Clock
this afternoon al the home Of his parents,
Mr.. and Mrs. Ambrose Huffcut, o Arthur
street. The ritual Of the Methodist Epis-
oopal Church Was read by the Rev. DR..
A. w. Hayes Of West1eld, N. j., former
pastor Of the Tabernacle Methodist Episoo-
pal Church Of this city, and the Rev. Lincoln
A. Ferris of the Tabernacle Church. No
addresses were made.
There were present Gov. Hughes, Presl-
dent Jacob Gould Schurman Of Cornell Uni
versity, Andrew ID. White, former presi-
dent of the university; Senator Harvey D.
Human, Assemblyman j. T. Rogers, SUI
preme Court Justice Cuthbert ". Pound
of Lockport. Horace Dawson OF Cornell.
who represented the Theta Delta Chi fra
ternity,, Of which Dean Hufcut was the
national chief executive officer; Prof. e. n,
Woodruff and Fred A. Colson, instructor
in the Cornell law school. and relatives
and friends.
The service was strictly private. The
body reposed in q plain oasket surrounded
and surmounted by beautiful flowers from
Ithaca, Albany and this city. Gov. Hughes
sent a mammoth wreath Of white roses. The
pallbearere were Supreme Court Justice
Cuthbert w. Pound Of Lockport, formerly a
professor In the Cornell law school; Judge
Frank Irvine Of the Cornell law school,
Emmons l.. Williams, treasurer of the uni
versity; Prof. Charles Hull OF the Cornell
arts department. Prof. A. w. Smith, head of
Sibley College. and Prof. George L. Burr of
the Cornell scientific department. The
body was placed in a vault at Floral Park
Cemetery.
Gov. Hughes and Senator Human started
1:50 O'Clock for Albany.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
One Thing the Hague Conference
Can DO.

That the Hague Conference will not
be able to bring about a reduction of
armaments is generally recognized since
Germany has declared through the I'm
perial Chancellor that she will not take
part in a discussion Of the subject, and
consequently will not be bound by any
decision reached on the part of most Of
the countries represented. There is,
however, one great question which
there is reason to hope may at last be
settled. We refer to the proposal that
all private property other than con-
traband OF war shall be exempt from
capture IN the high seas by belligerents.
A proposal TO that effect was made by
the United States at the conference of
1899, but it then came to nothing on the
ground that it was not included in the
programme set forth in the invitation
to the participating Powers. A resolu-
ton in favor Of bringing up the question
at the next conference was passed, how
ever, by all the Powers except Great
Britain, whose delegates did not vote, on
the ground that they had no instructions
on the matter.
AS things are now, it Is evident that no
country in the world would have 80 much
to gain as would Great Britain by the
establishment OF the principle Of the in
volatility OF all private property at
sea In. war time, whether ii be carried
under { e flag OF a neutral or that OF an
enemy. For let u note TO what peril
that country exposed herself by her
hasty aoouiescenoe in the second article
OF the Declaration OF Paris, signed In
1856. That article provided that q neu-
trail flag should cover enemy's merchan-
disc, except c~ontraband Of war, an arti-
Gle to which the British Foreign Office
subscribed because II believed iteelf tc
have much to gain by another article,
the first, which abolished privateering.
The British mercantile marine undoubt-
edly had suffered serious losses during
the wars against the Frenc Republic
and Empire at the hands Of privateers.
To-day, however, as q matter OF fact,
II would be exposed 10 even greater
depletion through the forays Of swift
oommetoe destroyers were England en-
gagged in, a Nsr with Germany or France. |
Such depletion could be averted only by
oOndemniuR the British merchant navy
10 inactivit in hoEr ports and trans
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07

on hand to be caught, Probably they
would have received practically no pun
ishment had the police captured them. 1t
has been a favorite theory among New
York Magistrates thathomicides, assaults,
robberies and misdemeanors committed
by playful young tOughs on the first day
OF the week merit nothing more severe
than a reprimand, or, in most aggravated
cases, q small fine.
1t n the criminal courts having juris-
diction over such offences that the city
should thank for the activities that mark
each Sunday. The roughs 60 no further
than they are allowed. While Magis-
trates treat their misdeeds as trivial,
even laudable exhibitions of high spirits
and playfulness, the Sunday rowdies can
scarcely be expected to reform.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07

We have received from DR.. CHARLES
WALDsTEIN a letter giving a summary of
the negotiations for the rapid excavation
Of H~erculaneum, which have now come to
an end unfortunately. DR.. W~ALDsTRIN's
scheme for international cooperation in
bringing to light the archaeological treas
ures contained in the buried city we're ap-
proved at first by the Italian Government
officials. 1t promised to make known to
the present generation the important relics
hidden under Herculanetm and at the
same time to rescue them from possible
eruptions OF V~esuvius, which were proved
last year TO be no fanciful danger.
No sooner was the plan made public.
however. than from many sides in Italy il
was denounced as q disgrace to the country,
an imputation that Italy was too poor TO
attend 10 its own scientific work. Change
Of Ministries during the last three years has
removed from DR.. WALDsTEIN the support
Of the Government and, again, has led him
to hope for it's restoration. The successive
steps are described in his letter. In the
latter part Of his campaign he seems 10
have met with opposition from Commenda-
tore BoNI. the excavator of Rome.
At any rate the project is at an end
The Italian Government has undertaken
the work with many promises but no serious
peouniary assistance. and H%eroulaneum is
likely to remain practically untouched for a
long time to come.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
The Greatest Man in GEORGIA.

Georgia is so full Of high talents OF
many sorts that the task Of giving the
golden apple to the most beautiful OF
them provokes a regrettable but natural
strife. 1t would have been safer and
less invidious TO, divide the contestants
into classes and to award the preemi-
enc to the most illustrious i'm each
class. Thus the Hon. HoKE SMITH is
beyond shadow Of dispute the greatest
patron of Dionysian Art in Crackerdom;
the Hon. POKE BoGGs, the Man Behind
HoKE, is the most masterful and accom-
plished Cracker politician. and so on
But Georgia will not have it so. All
hearts and all voices agree that either
Colonel JOHN TEMPLE GRAVES, the Gate
City lanier, or Colonel SID TAPP, the
Gate City ACKNOWLEDGEMENTS, is the
greatest living Georgian. Indeed, some
devoted Gravesian enthusiasts hold that
the lanier is the Greatest Man in the
World, and some equally devoted Tap
pists are sure that this distinction be-
longs to their founder.
1t is simpler to confine the controversy
to the original limit. Who is the great
est living Cracker? Colonel HARRY
MCINTOSH Of the Albany Herald says
modestly but firmly of Colonel GRAVES:
He is better known and rated higher through
out the country as q thinker. publioist and orator
than any man 10 Georgia, II not In the entire South.
He is a Georgian OF whom all loyal and patriotic
Georgians may well be proud"
Let lis hear, however, a witness who
is free from State pride or local attach
ment in the matter, a witness from the
fatherland Of CYCLONE DAVIS and Cap
tain BILL MCDONALD. The Rev. W. H.
EVANS of Dallas halls in Colonel TAPP
an artist Of whom the world will yet be
more proud than of SHAKESPEARE"
The world knows that Colonel GRAVES,
in the words of Colonel MCINTOSH, car
ries his convictions at the point of his
pen" The world knows also the
strength and succor of his gallant blade"
now flashing with lightning, now drip
ping with molasses. Is he, too, an artist
OF whom the world will yet be more
proud than of SHAKESPEARE? Thrice
and four times blessed the city in
which two such geniuses tarry. Our
own opinion, il we could venture to give
it, is that TAPP is greater on Mondays,
Wednesdays and Fridays, and GRAVES
Tuesdays, Thursdays and Saturdays.
But only the referendum is fit to decide
30 august a question.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
MEDICAL MEN IN WARRINGTON.
Physicians and Surgeons Fro All Parts Of
the United States and Canada Meet.

WASHINGTON. May o.-The meetings hero
to-day Of the American T~herapeutical So
ciety, the Association OF American Medical
Colleges and the National Association for
the Study Of Prevention of tuberculosis
brought together physicians and surgeons
from all parts Of the United States and
from Canada. Tomorrow there will be
an additional convention--the Congress Of
American Physicians and Surgeons.
To-day's session Of the 'Therapeutical
society was given up to the presentation
and discussion OF papers, and this evening
It's members attended a reception in their
honor given by President Reyburn.
The Medical College association, after
the address OF it's president, DR.. Rober OF
this city, listened to the reading and dis
ouseiUn of papers and at the afternoon
session transacted legislative business.
Tn Tuberculosis society programme
was opened by an address by the presi-
dent, DIR. Herman NJ. Biggs OF New York,
DIR. Lawrence r. Flick OF Philadelphil
made a report on the arrangements for
the international Tuberculosis Congress
to be held here next year, The afternoon
and evening sessions were devoted 20 the
presentation and discussion Of various
The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-07
Triumph OF the Rowdies,

MARY MURPHY's death appears to have
been a distinct triumph for the Sunday
rowdy. The swan boats used on the
park lakes are not dangerous vehicles.
They do not upset because Of inherent
instability. With orderly passengers
aboard they are about as safe as any
craft it is possible to construct. They
are not proof against rock-the-boa muir
derers, however, and OF these gentry
several are declared to have been aboard
and active when this young woman was
thrown into the water.
Properly enough, the police arrested
the man in charge OF the boat after the
accident. He was on the ground, and "a
tradition requires that some one be ar
rested after all fatal accidents, he was
taken in charge. The rowdies were not