davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1907-10-04
A RECORD AT PANAMA.
Canal ErcaUation in September,
I,5I7,4I2 Cubic Yards.
[From The tribune bureau. !

washington. Oct. 3.-Once more the great
army which Is excavating the Panama Canal
uhder the direction of Colonel Goethals has ex-
ceeded all previous records and, despite the
rainy season. has established new mark The
total excavation for Septembeg. the report Of
"hlch was received here to-day, was 151I4l2
CUBIC yards. which not only exceeds all previous
months but all estimates for month. These
figures include Sc 100 yards of material taken
out outside of the canal prism. in what is de-
scrlbed as accessory works, but work on the
prism exceeds by 2O69O4 yards the excavation
Of the prism for August
This remarkable record was made despite the
Iact that 11.9 inches of rain fell in September a
srsht excess over August and nearly three
inches more than fell in July. Reports recently
received from various sources on the isthmus
indicate the utmost harmony and cooperation
in the canal force. and the notable showing for
September is regarded as the most convincing
evidence that not only is the organization nearly
perfect. but that every man employed is doing
all in his power to promote the great work
The increase which has been gained under Colo
mel Goethals over the records made in the last
days Of the Stevens regime is especially cred
liable. because at that time every man seemed to
be working at his highest speed in order to
mark the close of Mr.. Stevens's administration
with exceptional credit. It was explained at
that time that II would be impossible for the
force to keep up the pace at which 1t was then
going. and that some falling off must be ex-
pected
Mail reports from the isthmus Indicate that
the health record for August was satisfactory
There were only seventy-nine deaths In the
entire force. This number included only three
whites. The sick rate was only twenty
thousand. There were no quarantine diseases
on the isthmus.
The relocation of the Panama Railroad is
proceeding rapidly. and IN August 653S9 yards
OF material were placed in the embank-
ments. The dredging of the prism is being car
ried on at a constantly increasing pace. as is the
work preliminary to the construction of the great
Gatun Dam. Present indications that the
excavation from will considerably ex
ceed the rate necessary to keep pace with the
construction of the locks and dams. TO the pro-
motion Of which Colonel Goethals is devotng his
energy.
New-York tribune., 1907-10-04
FISHERIES TROUBLES.
Canada Withdraacing Objection to
Reference-Newfoundland Acts.

Ottawa, Ont. Oct. "a report received from
the Department Of Trade and Commerce to-day
is to the effect that the colonial government is
withdrawing its objections TO a reference Of the
fishery troubles with the United States to the
Hague conference.
An official report conveys the intimation that
the government of Newfoundland has decided 10
remove all restrictions on the sale of herring.
This policy has q particular significance for
Canada. 1t had been feared that Premier Bond 5
course in objectng to the reference of the entire
question OF the treaty Of 1918 to the Hague trib-
unal would cause the United States TO recede
from its position in favor. with the result that
the fishery question would remain an open and
irritating
Under the treaty OF 1918 the United States is
granted certain fishing rights around the Mag
dalen Islands in the Gulf of St Lawrence as
we'll as on the Canadian coast OF Labrador and
the west coast of Newfoundland
The Importance Of having these rights and
privileges authoritatively defined by an inde-
pendent tribunal has long been recognized by
the Canadian government, which gave assent 10
the proposal 10 submit the matter 10 the arbitra-
ton Of the Hague conference.
New-York tribune., 1907-10-04
APPOINTED BY HUGHES.
Banking Superintendent and Labor
Commissioner Named.

Albany Oct. 3.-Governor Hughes announced these
appointments to-day:
LUTHER W. MOTT of oswego state Superintendent OF
JOHN WILLIAMS. of Utica State Commissioner of La
Mr.. Mott succeeds Charles H. Keep. who resigned
to become a member of the Public Service Com
mission for the I'd District. Mr.. Williams takes the
place of r Tecumseh Sherman, resigned He has
oeen nrst deputy commissioner and state factory
inspector for many years
Immediately after his appointment Commissioners
Williams appointed William W. warng of New
York City, as first deputy commissioner of labor
lie also reapponted John Lundrigan, of Buffalo as
second deputy commissioner. Their annual salary
is S2.7OO each.
ACCORDING 10 an announcement given out at the
eAecu'lVe chamber' Mr.. Williams had the in
doIeement of Commissioner Sherman. of a large
ruhlper OF labor ORGANIZATIONS of the Consumers
League OF the City of New York and of the New,
York Child Labor Committee, and of many public
sprlted citizens interested in the work OF the La
bor Department
ne announcement also says that Commissioner
sherman for personal reasons asked to be relieved
or his office and that he retained IL for several
'hohthS at the express request of the Governor
The last Legislature increased the annual salary
OF Labor Commissioner from $500 to $500
Luther Wright Mott is a son of Colonel John T
Mott. Republican state committeeman Of the
OsWego. Jefferson and Lewis district He was
oorH III OsWeso IN 1874. He was graduated from
Harvard University with honOrs in 1896 During
MS college course Mr.. Lott took an active interest
III literary affairs and managed one of the college
Puohcauons On his return from college be on
'eieu inc First National Bank in Oswego Of
winch his father is president He started at the
oo'tom and held nearly every office in the hank
ana Is now vice-presdent and cashier Mr. Mott
Is ono or the vice-presdents Of the National As
Soclation Of Republican Clubs and has ALWAYS
oeen classed as an independent Republican He
Is president Of the Oswego Chamber of Commerce
ana is also closely identified with MANY other
organizations His appointment to-day followed a
conference IN Albany week ago with the Cow
ernor who told him that he had been strongly
ihdorsed for the place by prominent bankers and
business men OF the state. This was the first in
."duoh Mr. Mott had that he being consid-
ered for the place. Members Of his family have
oeeh bankers for two generations
John Williams was born in North Wales in 1863
ne Is carpenter. He elected 10 the Assem-
Oy ifom Oneide County in 1897. Governor Roose-
Net- appointed him State Factory Inspector
"hen the various branches Of the Labor Depart
ment were consolidated IN 1901. ."Nr Williams was
appointed First Deputy Labor Commissioner un-
oer commissioner McMackin. and he has contin-
ued TO hold that office ever since
New-York tribune., 1907-10-04
DISCUSSES JAPANESE QUESTION
Chamber of Commerce Approves President
Simmons's Letter OF Explanation.

The Chamber Of Commerce devoted noos+ n, 4
short meeting yesterday a discussion Of the sit
uauon between japan and the United States as a
result Of the troubles the Pacific Coast The
reply Of President Simmons 70 several Jauanese
asked the New York Chamber Of Commerce 10 helm
- SPEEDY adjustment of the troubles was ap-
p'O'ea President Simmons answered this letter
oarihg the annual adjournment OF the chamber ex-
Paihhs that the troubles on the coast were due to
oliy few irresponsible pers"rS and that several
u ne officials Of the local government involved
Ia' oeen seriously discomfted after the disturb
ances
a barton Hepburn chairman of the executive
'-liiOee of the chamber. read the letter from the
0laileSe Chambers and the reply addressed thereto
= IIesldent Simmons, and said that he thought the
['E oi the president sufficient as the relations
'"eeh tAe TWO countries were somewhat acute and
lieHI oecoIne more He said also that the tro,,-
- III vancouver seemed TO make Great Britain
WIN me United States in the issues raised
'i7 oriental nation. He saic he expected the
~i'ie subject to come up for consideration during
@ winter and that IL would be prIdeat 10 let mat
- S'aho without further action until conditions
became more settled
-'i'er me Chamber had approved of the action OF
r. Pe0ilehI an Irritation from the National Civic
.'H "'i'H 70 send delegates to its conference on
80 vas read, and the following were named as
tealtS- andrew Carnegie. Auguse Belmont Seth
~, "iiIiam j. Schieffelin and Cornelius N Bliss
- 71erlck d. Underwood George b NJ Harvey
-oiehoe IL Mackay. Isaac n Seligman and Her
"'0H iadder were named aIternates
New-York tribune., 1907-10-04
ENTIRE CREW S4VED.
Men of Leon XIII WHhOut Food
Since TueSdau.

Kilrush. Ireland Oct 3-The last men Of the
crew of the French ship Leon Kill that stranded
yesterday. were brought safely ashore at late
hour this evening. They included the captain.
who suffered a broken leg as a result Of being
feled by a heavy sea soon after the vessel
struck
The men had nothing TO eat since Tuesday
morning, II was impossible for them TO reach
the provisions on board The crew came ashore
at different times in small parties, some in boats
sent out from the land and others on RATS they
knocked together themselves.
The Leon XIII arrived at Queenstown on Sep
tember 26 from Portland. Ore, for orders, and
was on her way up the coast when she stranded
off County Clare
New-York tribune., 1907-10-04
TO EXAMINE JUDICIAL NOMINATIONS
Bar Association Calls Attention to I'm
portance OF Coming Elections.

Al special meeting yesterday the Association
OF the Bar of New York City authorized it's com
mittee on judicial nominations TO communicate
with the political and civic organizations of the
city 10 bring to their attention the Importance Of
the selection of judiciary candidates at the coming
election The committee points that there are
two judges of the Court of Appeals one Justice of
the Supreme Court, three judges of the Court of
General Sessions, six Justices of the City Court
and fifteen Municipal Court Justices to be chosen
Eleven of the Municipal Court justices are to be
elected in New York County.
The circular letter of the association SAYS in
part
This year no conspicuous political offices have to
De nled and II should be practicable to concentrate
tne attention of voters on the judicial candidates
alone. The association will investigate the OuaIi-
hcations of all candidates nominated, and If nee
eSSary, Will endeaVor to present the public the
result of its inquiries The association is ready
TO confer and cooperate with all organizations
New-York tribune., 1907-10-04
HISGEN FOB GOVERNOR.
Nominated by Independence League
an Massachusetts,.

Boston. Oct. S.-The fourth ticket OF state off,
GERS. which will contest the November election. was
placed in the field at FaneuN Hall to-day by the
Independence League with Thomas L. Hisgen. OF
West Springfield. the candidate for Governor.
The Independence League qualified as q recognized
party under tho state laws when John B, Moran.
the candidats for Governor last year. poled nearly
5000 votes. more than the required per cent
The remainder OF the state ticket chosen was as
follows: Lieutenant Governor, L. Gerry Brown. OF
Brockton; Secretary OF State Dennis J. Ring. OF
Lowell; Treasurer. Edward J. Cantweu. OF Fall
River; Auditor. Edward +. FInnerly. Of Clinton.
and Attorney General William y. Osgood. OF
Lowell
The convention also adopted platform OF eleven
pianks. which condemns the merger OF tho Boston
& Maine Railroad with the New York. New Haven
6s Hartford Railroad refers TO what is termed as
the harmless inactivity Of the present Governor
denounces Henry NJ. Whitney. OF the cand-
dates for the Democratic Governorshlp nomination.
the great public enemy OF the state. and urges
shorter hours FOR workingmen. the election Of
judges and United States Senator's by the people
the recognition OF labor unions. public ownership
Of public utilities and the extension OF tho initiative
and referendum.
The convention sat nearly all day. and the only
break in the harmony when some opposition
developed 10 the appointment OF a committee TO
nominate the remainder CT tho state ticket after
the choice of the two leaders. The vote in favor
of the committee ~ TO O.
Mr. Hisgen. the candidate for Governor is an oil
merchant. and as the Democratic candidate last
year for Auditor made spirited campaign by de-
nouncng the Standard Oil Company.
William y. Osgood. OF Lowell. presided the
convention. and state committee at large was
elected
New-York tribune., 1907-10-04

ants No. 200 Broadway and lives at No s74 Central
Park West
bursements." He is a member OF the Now York
State Society OF Certified Public Accountants and
Fellow OF the American Association OF Public
Accountants
The appointment of Commissioner Gaynor was
recommended by officers OF the Windsor Trust
Company. the United States Mortgage and Trust
Company the Siegel Cooper Company. the Guar
dian Trust Company the Mercantile National
Bank. the Plaza Bank. the Henry SiegeI Company
and the Emigrant Industrial Savings Bank
Mr. Gaynor belongs TO the Tammany oreanizc+io,
and is also a member OF a number of social or
ganizations and clubs. among them being the Ohio
Society OF New York the Friendly Sons of e.
Patrick and the Catholic. Manhattan and New,
York Athletic clubs
New-York tribune., 1907-10-04
MAYOR PUSHES ELECTION FIGHT
His Counsel Wants Jackson to Specify His
Charges Regarding Frauds

Inc attempt being made TO oust Mavor Nc
CIeHan came up in court yesterday. when Jus
ice Greenbaun heard the arguments on the ap-
phcation Of the Mayor to compel Attorney Cen
eraI Jackson TO file a bill of particulars setting
torth the number Of election districts in greater
New York IN which there were such violations
or the election law TO warrant the charges
that Mcclellan was not elected Eugene Lamb
Richards and C. d. b. Hasbrouck appeared for
the Mayor, while the people were represented by
Charles A Dolson. Deputy Attorney General
In his argument Mr.. Richards recited the
charges which set forth that in every election
district In greater New York ballots that were
lawfully marked and cast for Hearst were
counted for Mcclellan. Mr.. Richards said: The
Mayor has made an affidavit in which he denies
any information or knowledge OF these viola
tions OF the law"
The speaker then asked that the different cleo
ton districts in which wrongful acts were al
legged to have been committed be specified. and
that the names or descriptions OF persons who
were alleged TO have voted wrongly be given.
I say" said Mr.. Richards. that these are
reckless charges Of a reckless official. as they
stand on this record
Deputy Attorney General Dolson held that the
burden of proof was on the defendant. He
pointed TO several cases where the courts had
decided that a person who alleged to have
usurped an Office must prove his title 10 the
position Justice Greenbaum reserved his de-
cision.
New-York tribune., 1907-10-04
ARMY AND NAVY NEWS.
Var Department Discouraging EN-
plOyment of Influence"
IFrcm The Tribune Bureau I
N-Aa

Washington. October s
OFFICER ASKED TO ExPLAIN.-The War De-
partrent has called an army officer for an ex-
planation of the evidence in possession OF the
Washington authorities that he has been employ
ing outside influence in the hope OF eIecting
change Of station. Every and then a case OF
this sort IS presented TO the attention OF the War
Department officials and is formally taken up by
the General staff The Secretary OF War desires
TO discourage the employment OF influences which
are not military and which seek favors out OF
the ordinary. not only in the way OF changes OF
station but in assignments 20 duty. The fact that
the War Department has called this army off,
Ger is made known to the service for the effect
1t may be expected 20 have army officers gen.
orally.
ORDERS ISSUED-Ths following orders have
been issued
Major General WILLIAM s NcCASkET. placed On rs-
Captain PEARL NJ sHAFFER 25sh Infantry. from KAN
sas state AgrteultuTal College TO his regiment
teLmaster's department -. 49,. -.
Gen7-a Hospital P~esidIo OF san Francisco % proper
Second lieutenant JOHN n HODGES corps Of ezszserx
from San Francisco TO engineer school. Washington
Barracks.
Lieutenant N, ST c. ELLIS rrou the Phlahelphis 70
Lieutenant W L IrrTLEFIE1.D. dstaehst navy ya-t-
Washington TO the Washington
TO the Maryland
MOVEMENTS OF wARSHIPS-The following
movements OF vessels have been reported 10 tho
Navy Department:
oct The str.rsha-n al Newport: the Rocket at Wash
Oct 2-Ths Washington At Hampton Roads: the Glacier
and the Marietta at Cape Cod Bay
SAILED
Oct 1-Th. syDh. from Delaware BTeawatsr for Wash
Oot s-Ths Glacier and Marietta from Boston fos
Oct SEThe Ajsx rom PhilsdeIphia for Bradford
New-York tribune., 1907-10-04
SEE NO SIGNS OF WAR.
European Newspapers on Relations
of United States and Japan.

London, Oct. 3.-"Party politics. is the general
Interpretation here of the discussion over the
proprtety of sending the American battleship
feet TO the Pacific. Few English papers COM
nent or the matter in any FORM and those say
nothing noteworthy. The Stock Exchange has
not shown any reflection OF the war talk in
some Of the American papers. japanese securi-
ties are strong. and Americans are worse
than during recent months.
Extracts from American papers limiting that
President Roosevelt desires to bring or a war
with Japan 10 make his reelection logical have
been received as partisan political charges
Diplomats generally believe that Japan wishes
20 avoid war. and consider the probability OF
to be small unless the newspapers fan the
popular feeling into hostEity.
Paris. Oct. 3.-Secretary Taft's visit TO the
Far East and President Roosevelt's speeches.
coupled with the sensational utterances Of GER
tain American papers. attract renewed attep-
ton TO the relations between the United States
and Japan The French papers are devotins
much space TO the subject. but not one regards
the situation as acute. though they all think II
contains elements Of danger. This however.
has not affected the tone the Bourse.
The Temps" this evening expressed the opin-
ION that there Is fire smouIdering under the
ashes. which the two governments must extin-
Euish." Nevertheless. the serni-officidi organ
holds the American press largely responsible for
the moral tension between the two peoples.
which number OF trips. speeches, banquets
or compliments can remove"
The Temps" considers IL essential that each
country shall recognize its respective wrongs.
adding: mo matter what danger yellow labor
constitutes for California, il does not justify
violence against the japanese or the educa-
tional exclusion Of the whole people. If neces-
sary. the United States must impose its will on
California, and on the other hand Japan must
recognize Americas right TO send her fleet
where she pleases."
Berlin Oct German official circles take
calm view Of the sending Of the American bat
teship feet to the Pacific and do not consider
the step aggressive one against Japan or
likely TO lead to war. German officials are con-
vnced that neither the United States nor Japan
is disposed TO allow the controversy TO reach a
stage where its settlement by force would be
the only recourse.
The opinion in authoritative quarters is that
latterly the relations between the two countries
nave improved. and It is remarked that the re-
cent attack on japanese subjects at Vancouver
is likely TO make Japan more willing to come
70 terms with the United States, since con-
trary course might tend TO draw Great Britain
20 sympathetic attitude with the United States
against Japan
New-York tribune., 1907-10-04
OBLIGATORY ARBITRATION REPORT.
Baron Guillaume Presents Portion of New
Document to the Hague Conference.

The Hague Oct 3.-Baron Guillaume CBel-
gium) presented to-day part Of his report or
obligatory arbitration to the examination COM
mittee, which had previously failed approve the
report a whole and returned It TO the baron for
modification.
the part just presented recalls the excellent work
on the subject done by the first peace conference
referring especially the usefulness of the arb-
traton convention after the incident off the Dogger
Bank October o. 1904. when a British fishing
feet fired upon by the Russian Baltic squad
don under the command of Admiral Rojestvensky.
which. had the matter not been submitted to arbi-
tration, might have had disastrous consequences.
New-York tribune., 1907-10-04
ROGERS, PEET & CoMPAN,
p. B. GAYNOR APPOINTED.
Commissioner of accounts to Sue
ceed j. c. Hertle. Resigned.

Mayor Mcclellan appointed yesterday Philip B.
Gaynor Commissioner of Accounts to succeed John
c. Hertle. resigned. The other commissioner is
John Purroy Mitchell.
Mr.. Hertle was charged with having permitted
an accountant in his Office TO do private work on
the books OF Pahsts Circle restaurant He resigned
when Mayor Mcclellan ordered hearing of the
charge.
Mr.. Gaynor has been an accountant and financial
man for eighteen years. He was educated at Ohio
University and afterward became auditor Of the
Crucibls Steel Company OF America. at Pittsburg
which was organized under his direction. He is
head of the firm of GayTior & Co. public account
New-York tribune., 1907-10-04
NO SENATE ELECTION.
Court of appeals Afrms Decisions
of LOzCer Courts.

Albany, Oct. 3-There will be election Of
state Senators in this state this fall. The Court
OF Appeals handed down decision this after
noon, affirming the decisions Of Justice Fits, of
the Supreme Court in this district. and of the
Appellate Division Third Department, in favor Of
Senator Owen Cassidy, of Schuyler County
whose case was made the test. The court sus-
tains Justice Fitts's action in ordering the Sec
retary of State to issue the election notices to
county clerks without any reference TO the Sen
atorship question.
The court, in an opinion per curiam, holds
substantially that the original decision in the
apportionment matter covered the question@ The
opinion follows:
When this court passed upon the cases of
Sherrlll and others VS.. O'Brien, and decided that
the apportionment act of 1906 was unconstitu-
uonal it deemed 1t proper TO express its views
IN reference to the status of the Legislature
which had been elected under that apportiOn-
ment then being held invalid. 1t felt that 1t
was compelled to do this by proper regard for
public interests and to avoid general confusion,
htlgauon and even temporary instability Of the
STATE government In accordance with this
sense of duty the court plainly and deliberately
expressed the opinion that the Legislature duly
elected by the people under the apportOnment
of 1905. void though 1t was subsequently held
TO be, was de faCtO body whose acts in all
respects were valid; that as a de facto body
each house, under the constitution, had not only
the exclusive power but the exclusive right to
judge of the title of any of its members TO a
seat lHereln' tfat WhOeNer was received by
either house as its legally elected member and
entitled TO a seat became thereby a de jure
member, and that therefore each member,
long as the particular house to which he had
been elected did not GUST him, not only n
de facto but a de iure officer whose title could
not be challenged before any tribunal exCeDt tn a
house itself; that there could be no vacancy in
any particular district which the Governor or
other officer could call upon the electors TO 1ll
unless the house Ousted the member and de-
clared him not entitled to his seat.
The argument now addressed to us by the
learned Attorney General does not persuade us
that the judgment then reached by this court
should be now reversed, that It Justifes the
issue Of notice by the Secretary OF State for the
election Of Senator in each district of the
state
The order appealed from should be affirmed
with costs.
Opinion per curan. All concur