davidaulloa/AmericanStories huggingface dataset:
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1908-07-23

Continued ON Page 81
New-York tribune., 1908-05-05
BROWNSVILLE CASE UP
Negro Sotdier's La,oyer Questions
PRESIDENTS Right TO DISCHARGE.

Judge Hough, in the United States District
court for more than three hours after the usual
solourning time last night. listened arguments
which had for their real purpose the questioning
Of the right of President Roosevelt sutnusrflv 10
dismiss the three companies OF negro soldiers OF
tne Z''h infantry for an alleged taking part in
the brownsville riot of August is 1906
The action came up an argument of A demur-
rer inteTposed to a portion of the answer Of the
government in the action begun by Oscar w Reid.
to recover s122. which represented his wages :
private soldier from the of his dismissal with
out honor and the date o. the expiration his
listment
The suit was begun the federal courts of this
district by chase Melen and Francis Woodbridge,
IN behalf Of Reid. and IL is said that the money
for the case has been furnished by wealthy New
HnEisnder- who synpathzed with those soldiers of
the 18th whose presence in Brownsville al the time
OF the riot not proved
To the general complaint fled in behalf OF Reid
United States Attorney Henry L. Stimson entered
a general denial, and for additional defence
alleged the right of the President to dismiss the
soldiers Of the three companies. and also referred
to the reports Of the various army inspectors rec
ommending such action. making the reports por-
tion of the record Of the case.
Ii was to this portion of the governments an
swer that Mr.. MelIen demurred.
Mr.. Melen contended that the enlisted men were
protected by constitutional rights. the enlistment
operating really from legal point of view as
civil contract between the soldier and the govern
ment- Only by trial courts martial could the
men be removed. argued the lawyer The real
power of removal. the attorney contended. vas
vested in Congress. which created the army and
navy. the President as commander in chief only
possessing in times of peace the application Of the
Congressional
In replying Mr.. Stiulson drew graphic picture
of the commander in chief leading forth TO battle
an army Of contractors. protected from dlscharGe
ard dismissal by constitutional rights with which
even their commander dar,d not interfere, al
though the right of the Executive sunlmariiy 10
dismiss commissioned officers was not questioned
Judge Hough reserved decision, but told Mi Mel
len very plainly from the bench that If would re-
quire considerable legal proof TO convince MN tha
the relations Of enlisted soldier and the govern
ment amounted simply 10 civil contract. Inc
question a issue. viewed by Judge Hough, was
whether Congress possessed the right of dismissal
and had not vested its power with the Chief kx-
ecUtive.
New-York tribune., 1908-05-05
HOME RULE DOUBTFUL.
Dir. 4squith Refuses To Be Bound
by Mr. RedmOnd's Interpretation.

London, May 4-Dissatisfed with Premier
Asquith's answers the subject Of home rule for
Ireland. given in the House Of Commons on April
50 in reply a question by Walter LOng, Con
servative the Uniouists again raised this question
In the House this afternoon They elected the
statement from the Premier that he was not re-
sponsibIe for the construction placed by John Red
mond and the Irish League the utteranCes Of
Winston Spencer Churchill during his Manchester
campaign.
The only statement which the Premier authorized
was that it Impossible for any one 20 deter
mine now what issues would be placed before the
country at the next general election, but the dis
enabling pledge given the last election applied
only TO the existing Parliament. and thereafter
the Liberal party would claim an absolutely free
hand to deal with the whole problem of Irish gov
erumeut.
Mr. Asquth reiterated tllst the policy OF the Lib
eraI government had been plainly expressed in mis-
speech In the House of Commons on March 90 and
in the amended resolution then adopted This reso-
luton was follows. In the opinion OF this
House A solution of this problem can only be at
tained by giving the Irish people legislative and
executive control of all purely Irish affairs all
tect 10 the supreme authority of the imperial gov
ernment.
New-York tribune., 1908-05-05
WORLDWIDE RELIEF FOR JEWS.
Mr zangwiIl Prevents Restriction Of Trust
Fund tc Palestine.

London May a petition OF the Jewish Colonial
Trust asking power from the court 70 restrict its
operations Palestine dismissed this morn
ing bv the Court of Chancery The trust has a
capital Of 100000 which has heen subscribed with
the object of promoting The welfare Of the Jewish
race in all parts OF the world The managers Of
the trust. who were supported by considera Bile
sertjon of the stockholders. contended that the
colonization OF Palestine and neighborinE territory
was the great ideal Zionism and the only OBJ
iect worth entertaining
Israel Zangwiu and others bitterly opposed the
nronosed scheme Of limitation. 1t would mean, -"
Mr. Zangwill said 10 the court, sitting down idle
before the closed gates Of Zion" The promised
land ne added. not at present attaiTaole' and
the proposed restriction would prevent the trust
from relieving the distress Of prosecuted jews in
many parts OF the world
Justice Eve in discussing the petition. took Mr.
zanru.jIl's view He said that if he sanctioned the
e,,gqsstad alteration he would be doing little to
tr,nrcve IN. condition Of an oppressed ana great
neoDe outside Of Palestine.
New-York tribune., 1908-05-05
THE MOVEMENT INSIGNIFICANT.
Peruvian Consul General Here Explains Con-
ditions lr His Republic

To the Editor of The Tribune.
Sir: Referring to the published in your
of the Sd and 18th inst relative to the out
break of revolution in Lima, Peru, permit me
To state that I have cable advices from my gov
ernment to the effect that the movement has no
Importance whatever and IS condemned by public
opinion The trouble is isolated in character and
has weight political significance II
caused by the approach of the Presidential cleo
tions In Peru, at which tims local disturbances
liable &c occur. Latest advices by cable to-day
the effect that the leader. Durand. with a few
followers being pursued by the government
troops. His capture is likely at any moment.
I hope that with your usual courtesy and fairness
YOU will give this information due publicity in
der reassure the many friends of and investors
in Peru. II is regrettable that such disturbance
the -peace. which is really a police case should
be given undue Importance. 70 the damage of the
reputation Of q country where for many years
revolutions have been thing of the past Yours
very truly EDUARDO HIGGINSON
Consul General
New-York tribune., 1908-05-05
BUFFALO BILL TREATS YOUNGSTERS
Several Thousand Orphans and Crlpples Go
Wild Over Western Show.

Several thousand orphans and crippled children
from practically every institution for homeless chill
dren in the city formed the greater part OF the
audience at Buffalo Bits Wild West Show in Madi-
Square Garden yesterday There were grown
ups there rut If they weren't present to look after
the squads OF children they nad TO be content with
what seats were vacant after the best portions OF
the arena had been filed with happy little faces
Every sbox and almost all the seats in the lower
part Of the Garden we're held for the little ones
Noise was the thing that impressed one all the
afternoon. The children invented new noises all
the time 10 show how they enjoyed il. and when
after the grand entrance apparently exha usted
the chance of further enjoyment and Buffalo Bill
ir. the pigeons across the way In Madison
avenue. whose nerves stand good deal few
aRay in terror The delegation from the Catholic
Protectory, in West Chester now, was present IN
uniform and brought the band along In all thirty
one institutions were repr esented.
New-York tribune., 1908-05-05
PERU REBELS At L4RGE.
Troops Unable to Find Durands s
Band-Nass Meeting at Lima.

Lima May 4-Dr. Durand and his band Of
two hundred revoutionists have NOT yet been
found He is supposed 10 be in Oroya, in the
Department of Junin 1t was rumored on Friday
night that Durand was operating close TO Lima
and the government al once sent out an eXpedt-
ton against the rebels. The authorities also
arrested a number of persons in this city sus-
pected of completely in the movement. Gov
ernment troops occupy the territory as far
as Matucana. The railroad bridge at Purhruay
which damaged by dynamite, has been re-
paired, but there is trace of the perpetrators
A mass meeting was held yesterday afternoon
in the principal square of Lima, al which
speeches condemning the revolutionary move
ment were made. President Pardo replied from
a balcony of the palace. There have been no
further outbreaks in any part of the republic
The general opinion is that the movement has
been failure but it is considered highly in
furious TO the welfare of Peru.
New-York tribune., 1908-05-05
APPEAL OF HARTMAN AND KAHN.
Motion 10 Advance Hearing Made by Inter
state Commerce Commissions Counsel.

Washington. NAY z--IIi The Supreme Court Of the
Tinted states z motion made to-day in behalf
cr --e Interstate Commerce Commission % advance
..- -ra doce- tle c~oss-aupesls OF the commission
and Edward H Hartman and OTTO Z Kahn, the
-z-1e- or The Hev York banking firm Of Kuhn.
Loeb 4 Co. in The cases IN which MessTs Harr-
s-z- and Kahn refused 10 answer certain questions
r-rrcuuCed by the commission IN 1895 in connection
-=-r rs inquiry into the alleged consolidation and
combination q railroads subject L. the interstate
commerce law. Tie questions covered wide range.
and r1e United States circuit Court for the South
CT District Of New York. 70 which The case was
--r15-re5 directed the Two witnesses 10 reply to
al except those relating 10 the purchase q stock
a- NJ Hartman in anticipation of the Union Pa
. se dividend. Neither party was satisfied with
-r.s solution and ho-h sides appealed 70 the So
E-r-ue Court
The motion 10 advance NaS made bE Frank B
Kellogg O. 4 Severance and John H Marble as
counsel for lhe commission n presenting their
motion they Gwelr its vast Importance because
- ne pubic interests involved.
New-York tribune., 1908-05-05
THE PIPER INQCIRT.
Committee Decides TO Visit Nezc
York Nils.

washington Nay 4-Telegrams from q large
number Of newspaper publishers. telling Of the in
creased cost Of print paper were submitted to-day
- The committee investigating that subject by
John MOTIFS q New York, who occupied the wit
ress stand the entire day. M Norris also pre-
serJed z mass q facts ard figures II support Of
hiS contention
The committee has practically decided 10 adjourn
II noon next Friday and 20 Palmer's Falls,
Saratoga County y Y inspect The mills Of the
Z ldsou River Paper Company and take testimony
Ine-e relative 10 the cost Of paper production.
ForJy-s5x r-ewspaper publishers, Mr.. Norris IN
formed tbs committee. have Ieegraphed that they
are willing come Washington and give testi-
-nc-y. Chairman Mann requested that they be IN
<---7ed - the likelihood Of adjournment Friday
II o-de- that as many of them as possible may ap-
pear and give testimony before that time The
committee adjourned until tomorrow morning
New-York tribune., 1908-05-05
MEMORIAL OF PELATlAH WEBSTER

Washington. MAY 4-MT. Carter, Of Montana. in
troduced to-day the Senate, and Mr.. Clayton.
of Alabama in the House. a memorial in behalf
of tnc architect federal Constitution. Pela-
tfsb Webster Of Philadelphia" The memorial Is
signed BY Hannis Taylor. formerly Minister 10
Spain who says: Herein is printed for the first
r,De in ll6 gears the epoch making paper pub
5,-faa IN, FeIatiab Webster a Philadelphia. Feb
80. * 17S2 and there repubshed with notes
4, 10, in which he announced 10 the world,
~ f-,yensiou the entire plan the existing Con
stit,I1ioU of the United States. wbrked out IN de-
,.1 -ar. tI,an four Years before! the federal
- ,f IA mel The memorials were referred
. -, t,,rnr,jtr4. on the Judiciary, with a request
-, - large number Of additional copies be
-fZeG
New-York tribune., 1908-05-05
TRAINED NURSE
Remarks About >ourishinE Food.

a IfTscIan's wife gay me package of
GraJl4-NutS one day with the remark that she
Ha~ sure ] would md the food very beneficial
both cor nv own use and for my patients /
uas particularly attracted tO the food. as m
rLar time the weather very not and aD-
lreciated ,he fact that GrapeNuts requires no
cooking
The food v@.s deliciouslH crisp. and most in
r-fEH- r. lie appetite After making use Of II
tuIea q day for three or four weeks. discoy-
cred that Il WAS a most wonderful inviEorat"F
I ll>ed 10 suffer greatly from exhaustion. head
aches end depression of spirits Ny work had
tsan very irving at tImes and indigestion had
So tr
~Noy I am always well and ready FOR any
anlolut of work have Ara abundance Of active
es~rg-- ,heerfulneSs and meHtal poise- have
rerpd 10 nv entire satisfaction that This change
has been brought about hy Grape-\ufs food
= b. fact that il is predGesred l. very d.
Siraile feature 7 have haG many remarkable
f@sul5s jn feeding tIrape-Nuts 10 M patents
and 1 cannot speak toe highly OF the food Ny
trends constantly comment on The change ii
Mr 1Vpearauoe ! have gained T" P"'ilds Hih'e
hec ming rlle use of this food lhef"
Reason Read The Road - NellFilie. IN
Pigs
Ever read the above iettsr2 r>@ enc ap-
pears from time to tine. They are genuine Tae
sn5 full OF human interest
New-York tribune., 1908-05-05
HOUSE LEADERS AGREE
THE LEGISLATIVE PLANS
To Pass Fice Of the Measures De.
sired bp the President.
From The Tribune Ru-eau. ;

Washington. May 4-The House leaders have
agreed on legislative programme for the re-
r-sinde7 of the session which contemplates the
ensctuenr Of five Of the measures recommended
=, the President and an earnest effort will be
made 10 obtain the concurrence Of the leaders of
-he upper house. Speaker Cannon has been
busy for the last week aiming the opinions
~ members as 10 the measures to he passed
and II : now practically certain that the TO-
lowing bills viIl oe sent To the Senate. An anti
injunction hill which viii be as moderate and
impartial as possible md probably a compromise
between the Payne hill and the Civic Federation
measure 4 resolution providing for a prelimi-
nary investigation Of tariff schedules. such ss
hzs already been introduced by Representative
Pane financial bill Of some sort: a child
labor bill Tor :he District Of Columbia which
hzs heen introduced by Senator Cialinge- and
Fer-esentative oicott. and q government en-
1Ioyers- liability bill.
Representative Alexander of New York has
prepared 3 measure which provides that the
government shall make liberal concessions to
employees injured in it, service He has dis
cussed It with the President. who has approved
Us provisions. and it viii be introduced and re-
fe~-ed the judiciary Committee before the
cud Of the week Another bill which viii come
U2 before the House after the Sundry Civil bill
Is disposed Of i the Mccall campaign publicity
hin. The Speaker has offered no objection to its
being considered. and with favorable report
from The Committee OF the Election Of President
Tice-Presideu1 and Members Of Congress il Is
expected II pass.
Representatives Watson and Alexander had
long conference with the President to-day con-
ce-ning the legislative programme for the re
rraiBde- of the session Mr. Watson. who was
some time ago sangUine OF adjournment by May
Is saws he IS now doubtful as TO the date He
cold the President that the Judiciary Commit
ree gave some signs Of agreement on an anti
injunction bill. but as 10 amending the Sherman
antitrust Law he could give the President no as
surance- He was confident that some of the
other measures favored by the President would
become laws
New-York tribune., 1908-05-05
PRESIDENT THANKS RED CROSS.
More Nurses and Relief for Sufferers from
Tornadoes.

Washington. May 4--In response to letter
v.rirrer bv Miss Mabel 7. Boardman. Of the eX-
ec,,-iz-e committee Of the American National Red
cross TO President Roosevelt detailing the steps
taken 70 relieve suffering caused by the recent
tornado in the South the President wrote.
The White House.
Washington May ?. 1905
NJ Dear Miss BoaT oman. This is nrst class
u1sTr 10 congratulate and thank you. and through
Won the Red cross. for its prompt action
Win high regard. sincerely Yours
THEODORE ROOSEVELT
Ad,5oe- from the stricken districts. OF which
r4attfesburs Miss is the basis for hospital sup
niles and treatment, show that six Red Cross
nurses in addition the eighteen now on the
-round will be needed. These will leave New
vo-l. Tomorrow Substantial relief in the way OF
clothing and other supplies not furnished by the
army IS being gathered various points Cleve
land has already large number Of boxes and
Washington will follow suit at once All the late
adyices 20 10 show that the suffering is great and
tire desttution the path Of the tornado almost
total. Contributions of money II IS announced,
should be TO the American National Red
Cross. No. 341 War Department. Washington
The Senate today passed the House resolution
appropristing soJo.0o0 10 relieve the sufferers.
New-York tribune., 1908-05-05
DEPENDS NEGROES.
Senator BuIkeley Speaks on the
BrO7cnslIlIe affair.

Washington. May 4-Scnator Bulkeley. OF Con-
necticut. to-day defended the negro soldiers OF 'o'
18th Infantry from charges Of shooting up
Brownsville.
Up TO the beginning Of the investigation by the
Senate Committee on Military Affairs he SAID
Ii was practically assumed by the mlitaTy' Ieels
lative and civil authorities that the troops. or some
o< Them were guilty OF the shooting up Of the
town" After hearing all the testimony he mao
decided that Of the negro soldiers was IN
volved in the raid.
Mr.. Bulkeiey declared that IN ms JuoslIent' N"7
shooting at Brownsville was the work OF Mexlcahs
Of the lauless class who came into the city from
the outside and Joined by the laWless element
in the town H. insisted that the absence OF Hght
II the city the night Of the raid was suilieIe"c
10 -fnpeach the testimony Of witnesses who told OF
seeing negro soldiers.
New-York tribune., 1908-05-05
ULTIMATUM BY CLEVELAND CARMEN
Give Municipal Traction Company Until 2
O'clock This Afternoon 70 Act

c1avsrsrd Nav An an uIrr1arunr r0-uts,r re
r,otorr y and conductors n the Municipal street.
Railway Company gave President Dupont until
o'clock tomorrow afternoon 20 appoint Ar aroI-
traitor for the company. one Of rhrAH % - named
N an effort 70 adIIdlcste the streetcar troubles
Unless action Is aksu that hour the union saws
IL will declare q STRIKE Two thousand nen ar.
involved
Earlier dag President Dupont Of RE
municipal company accepted tho proposition 81 ire
union men 20 arbtrlte bar With pro.lso that
all or none OF rhe points in -he controversy ~
submitted three Judges He stated however.
that ne would - unable 10 appoint arbit-a-or
to represent the company until Thursday
New-York tribune., 1908-05-05
MORE GLIDING MACHINES TESTED.
Aero Club Pleased with ResuIts-0fer Of
Medals Made

Daniel L Braine. Wilbur R Himoau. secretary
OF the Aero Club or America \ ". Worse. mem
br OF the International School 0f Aero1auttCs and
L. I. Adams experimental at Locust Valley. Long
Island on sunday afternoon with several gliding
machines. one hundred and twenty-five gll1es
made the distance varying from forty % MY
feet and the machines were several times eighteen
and twenty feet above the ground While me
trials were being made the wind vas blowing
eighteen miles an hour The members % IRE nero
club made ar important change n the co1sfr'lc-
tlon cf the front rudder which leads them % *
peCt better results.
Albert g. Triaca director Of ire lnternzional
school Of Aeronautlcs al No East -sth street
vas so pleased with the results obtained chat -
offered last night gold and silv-r medals 70 tn@
persons making the longest glldes az contest
on Long island the ersr week IN June The con-
ditions governing the giving our of these medals
VIII be made public this wes<
New-York tribune., 1908-05-05
FIGHT FOR EMBASSIES NOT GIVEN UP.
Senator Lodge Introduces a Bill for Pur-
chase Of Building IN Paris.

Washington. Nay 4.-Se-ator Lodge today intro
coed hiIT approp-atnz s=aa ooo for the purchase
building II Paris be used the American
E-1zszv 4 provision for the purchase OF the
building was stricken out o. the diplomatc and
consular appropriation bill. the point OF order
Y z-zs general legislation Senator Lodge viii
press his bill with view Of having i reported
s-z rassed the present session The measure Is
intended e the opening wedge OF general scheme
p nave the United States own embassy and lesa-
buildings al foreign Capitals Amendments
e. --= same purpose were offered by NJ. Lodge
2 re s-rG-v civil b5n and the omnibus public
bindings bill
New-York tribune., 1908-05-05
ED. CALLAHAN WOUNDED.
Son Kills BrOther-in-Ldzr-B Bredthitt
Feud Echo.
gRv Telegraph TO The Tribune. J

sheriff of Breathitt county. who with Judge James
Hargis, led the Hargis forces in the Hargis-Cala-
han feud. fatally wounded to-day, and his
brother-in-law John Spicer. killed in Gala
hans at Crockettsville. Callahan had
brought suit for DIVORCE from his wife. who was
Spcer's sister Spicer came into. the store to-day
and engaged Callahan in A fight using long
knife Wilson, Calahan's 1s-year-old son, coming
into the store and seeing his father and uncle IN
fight seized a revolver and shot and killed his
uncle
Wilson Callahan was arrested, but was released
bond.
Judge Hargis vas killed few months ago in his
store at jackson by his son, Beach. who is still
in Jail awaiting trial
New-York tribune., 1908-05-05
MIL CAR AND CONTENTS BURNED.

Sharon Mass, May 4-One of the mail cars OF
the rostaI train which left Boston for New York
N 1045 o'clock tonight. by way Of the Providence
division OF the New York, New Haven & Hartford
Railroad was fire by the explosion ot
lamp while the train was between Sharon ana
sharon Heights and was burned with its contents
In the car which was numbered 2Seo. vas a large
,,,a,titv Of nackage mail. At Sharon Heights the
car was cut free from the rest Of IN" train and
MAS shUuted to a siding. where il continued 10
burn while the rest OF TIE train proceeded No
one INJURED.
New-York tribune., 1908-05-05
TEST OF COMMODITIES CLAUSE.
Railroads Said To Be Cooperating with the
ATTORNEY General.

Washiugton. May TT vas said al the De
partrnent Of Justice to-day that arrangements are
well under way for test Of the commodities clause
OF the Hepburn 10 be made unless q n1aterlal
change takes place in the situation & result OF
7ag5era+ion ~ other circumstances. The railroads
which are most interested in the case have shown
according TO statements at the department, hearty
sympathy with the purpose OF the Attorney Gen
eraI and have been thoroughly in accord with the
-eDreseu+atives OF the department in the preliml-
raries for such & test case. II is expected that
definite action looking toward such a case VIII be
taken within a short time
New-York tribune., 1908-05-05
NEW TELEGRAPH RULE PROPOSED.

Lisbon. May 4-The Interna tionaI TeIeEra phfc
Conference opened in this city to-day Bel
ziurn intends 70 propose important modification
of the present system of counting words, whereby
existing distinctions regarding plain. yentionaI
and code language are to be abolished and uni
form word of five letters figures substituted.
This proposal already has met strenuous oppOsf-
ton from the commercial interests Great Britain
and &
New-York tribune., 1908-05-05
POLICE WATCHING zU EULENsURe.

Berlin. May 4-Members OF the criminal police
force according to the "Tageblatt, have been sta
toned around the castle at Lebenberg of Prince
Philip zu Eulenburg a precaUtiOn against the
princes leaving the country during the prelim-
nary investigation by the Crown Prosecutor OF the
allegation that the prince gave false testimony at
the recent Harden trial in Berlin The prince is
suffering from neurifs.