davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1909-07-10
Ay UNFORTUNATE RULING.

It is a curious and unfortunate opinion that
Justice Gaynor has written in the Thaw case
In the first place. he doubts whether the applica-
ton for a change Of the place of hearing on the
writ of habeas corpus from Westchester County
TO New York County is properly before him. /
think he writes, the motion should have been
heard by AIr Justice Mills and again he rules,
The motion is denied, if it be properly before
me at all" To layman it would seem that 1t
was the Justices business first to determine
whether or not the question was properly before
him before ruling on 1t.
Then. moreover, the grounds upon which the
application of the Attorney General and the
District Attorney of this county is denied are
of minor and idiOSyncratic character The ap-
plication WAS made for the reason that New
York County is the natural and proper place for
hearings upon the question of Thaws sanity.
Here the crime was committed Here most of
the witnesses reside. Here is a District Attor-
nev familiar with the case. New York County
is prepared to expend sufficient money ade-
arately to safeguard the public interest But
the Justice dismisses these considerations, and,
after remarking that White Plains is only an
hour away from New York by the railroad, pro
ceeds TO condemn the District Attorney of this
county because he proposes to call expert alieil-
lists to testify regarding Thaw's sanity and be-
cause he has prepared long Hypothetical ques-
that these seven experts and this phenomenal
question might better be dispensed with JUS
tice GaynOr writes. No such method Of arr1Y-
ling at the truth is used in Westchester County,
nor in any of the ten counties Of this judicial
department" In other words, the decision APP
pears to express the Brooklyn jurist's personal
aversion to the judicial methods of the first
department. an old subject of his criticism, If
we mistake not, and has little regard for the
larger public questions involved.
And there are larger public questions involved.
The Thaw counsel have been fighting for year
TO establish a precedent for the hearing Of
habeas corpus writs in other departments of the
state than the first They have applied TO more
than one justice in the 9th District-West-
chester County and its environs-Only To have
the hearings sent TO New York County. Now
Justice Gaynor has reversed this practice and
ruled that the proper place for the hearing is
elsewhere. The particular change from New
York to Westchester is not of immediate i'm
portance perhaps. for. the justice points out
White Plains is only an hour away. Moreover
there is every reason TO feel confidence that
Justice Mills, who will hear the present case,
viii adequately protect the public interest, and
that he viii, as the Brooklyn justice writes, "as
New-York tribune., 1909-07-10

'vestigation. hold such hearings and examine
''such witnesses books, papers documents OF
contracts as 1t may deem OF Importance III en-
"abling il to reach a determination
Furthermore, it is provided that the com
mission shall have no power to authorize the
capitalization Of any franchise" If the amount
Of capital is of no Importance, why should not
franchises be capitalized? Nor shall the capl-
''tal stock Of a corporation formed by the merger
"or consolidation Of two or more other corpora
''tions exceed the sum of the capital STOCK oI
the corporations so consolidated II III lhe
eyes of the law the amount of capitalization is
of no public consequence. why that prohibition!
Or this: Nor shall any contract for consoIlda-
.tion or lease be capitalized in the stock or any
corporation whatever? Clearly in the eyes ol
the law the amount Of capital issued mas IN
portant public consequences. and the comihis-
sions were appointed not only to guard against
the evil consequences of overcaptalization' but
to prevent overcapitalization itself
New-York tribune., 1909-07-10
THE law AND W4TERED STOCK.

The argument Is constantly being repeated
aEropos Of the Third Avenue Railway reorgani-
zatian that the amount Of securities issued by
public service corporation is OF no consequence
TO the public The market squeezes the water
ont we are assured the meaning being that
the total market value Of such securities will
not exceed the actual value of the property.
That assertion might be disputed in the light of
the prices attained in the past by nearly worth
less street railway shares in this city through
juggling with books and declaring of unearned
dividends. But it may pass since it is aside
from the main issue. watered capital, il af
fects the users Of public service not the buyers
Of stocks and bonds This old argument that
the amount of securities issued is Of no public
consequence was repeated in curious form NJ
the Third Avenue hearing when il was said
that though Il might have been of conse-
quence 10 the public il 10 longer so since
the appointment Of the Public Service Commits
sion. This commission would protect the public
from Tie evil results Of oyercapita lZatiOn, said
afr whitridse, who little while ago told the
public that the commission had never accom-
llished a solitary result
This sdea OF Mr. Mhitridge Is, however. en-
tireiy out OF harmony with the Public Service
commissions law itself That act was not
T,asse6 with the conception that overcapitaliza-
fion was OF no public consequence or would be
of Tso public consequence after regulation
established. With regard 10 issues Of stock,
bonds and other forms Of indebtedness. the act
says: "A common carrier railroad corporation or
street railroad corporation inay Issue
stock bonds notes or other evidence Of in
.sIebtedness provided. and not other
wise that there shall have been secured from
"the proper commission an order authorizing
'such issue and the amount thereof aud stating
s-fhat, in the opinion Of the commission, the use
.of the capital 10 be secured by such issre Of
-stock bonds. notes other evidences OF indelt-
'e5ness is reasonably required for the said pur-
siose fenumerafed in the actl Of the corpora
sfion'' II il makes no difference 10 the people
bow much securities ATE issued. why should the
fas- require the commissions approval OF the
issue and the purposes II the issue: And this
approval Is not 20 be a mere formaiity- Says
the act: "For the purpose OF enabling it TO de-
.,ierrnine whether IL should Issue such an order,
-the commission shall make snch inquiry or In
New-York tribune., 1909-07-10
sWE4B-OFF AND THREAT.

N-o,r that tho Senate has passed the tariff bill,
CoIonpI Watterson breaks long silence. He
lost interest in tariff legislation before the Payn
bill left the House of Representatives. Inc eAui-
hition given by the Democratic minority III tne
House disguised him Putting no greater 1altn
in the Democrats of the Senate, he quit the heiu
and took the Star-Eyed Goddess with hlm-
His grievance was that the tariff question hao
been made so complicated that Democrats couIt
no longer understand it They were lost in the
maze of schedules and cassifcatons, ana were
unable to tell when they voted for duty
whether they were voting for revenue Win Incl
dental protection for protection WIN Hlcl-
dental revenue. Mr.. WattersOn takes MS pen
in hand to say that he will insist hereafter Oh
having the tariff problem reduced for the Denent
of nuzyIed Democrats TO its simplest terms ne
explains
As tc the tariff, THE Courier-Journar fought,
bed and died long ago 1t fought from 10. do'o % ~
1Sq1 II bed all the way through 1893, 1884 ana
1895 It died in 1896 Never again Will II CON
slider a tariff schedule, Never again viii 1t I9ok n
at a tariff classification. Never again WIN II
discuss auy tariff proposition that does not be-
gin nv danouncing protection in all forms dl.u
Dretences-in all its ramircat1onS-aS FoppeI ;;
ard end by proposing to make bonnre Oh an
that has gone before, wlpng out anu anu pe SSaG I,G
over on bit of paper no bigger than d lulie'"'
notice
That sounds like a swear-off, for we can see
no nruspect in the near future OF taFll pll'
short enough to be inscribed on the tace Oh d
7o-cen+ niece But the Colonel adds a threat
which reconciIes us to his remuneration OF SUD
iect which he used often to embroder WlIh
purple patches" of rhetoric. He says;
On this question. if ever we come to NE again,
we propose to out-TillmaniZe Ben llIihali;
Ike the Carolinian look Ike an anger oI lisnC
and combination Chesterfield ana IutN NSSulC = & ~
b,- the side of us using only language oeInuF-
rabIe for its repugnancy and unfit for puDllca
tiOni
That would be deplOrable. As the speciaI
friend and guardian of the Star-hyed "ouueS'
Of Reform. Colonel Watterson Is under oohus 70
write no word on the tariff which would bring
tbo hrusb of shame to the cheek of decorouS
virtue
New-York tribune., 1909-07-10
About People and Social incidents

season on July 1s according to her present ,s.-
Mrs. Mcrim is to occupy Ambassador wSts-N>
house this season
Mrs Salter gave dinner at HOpedene to-n,vs.
and luncheon entertainers were Mrs HerbA-e -
rfnnan Mrs Elisha Dyer and Miss CharIot.a D.
Mrs Pembroke Jones and Professor AIer,0@
Agassiz are planning to give dinners to-mor-o-
evening.
EIhridge T Gerry entertained party o& ~
friends aboard the Electra to-day
Mr. and Mrs. Frank h. Sturgis have arrived rr,
Ienox Commodore and Mrs. z. D. Morgan bs-.
also arrived
It was learned to-day that Mrs Barger War,.s
is suffering from appendicitis and that she nm
soon undergo an operation
Countess MOItke, Mr.. and Mrs. Willian Pat,s,
Miss AIargaretta Segfried, Charles G. Meyer rs,.,
H. CIOthier and Colonel and Mrs. J. H Wiu.-s
registered at the Casino to-day.
Barton Willing, OF Philadelphia. is at his su--
mer home
Mr. and Mrs Roy a. Rainey arrived to-day fro,
Glasgow on the steam yacht Cassandra-
Mr.. and Mrs. Moses Taylor Pyne OF Prineeto,
n j. are the guests Of Mr.. and Mrs. H. A. 3
Taylor.
William Storrs Wells, c. p. Gilbert, Lispenars
Stewart Edward J. Berwind. c. L F. Robinzop
James B. Haggin. George H Benjamin and Thomas
sIideu arrived from New York this evening.
New-York tribune., 1909-07-10
VIII sH4cKLEToy TRY AGAIy'

since tbe return of the daring explorer VINO
went within ninety-seven miles OF the South
Pole last January the question has arisen III
many minds whether or not he VIII make
frasil visit 10 Antarctca. 1t is too soon deh-
nitelv to answer the question, but II Is no'
100 soon to perceive good reasons Tor sucA an
expedition one is that Lieutenant Shack eSor ,
work is unfinished. The exact nature OF the re,
aion Immediately surrounding the pole Is sun
a matter of conjecture There Is S'ron1
probability that the plateau on which the brl'-
jsh flag was planted when it proved imposslole
IN 90 further south extends for hundreds oI
miles beyoDd the spot but there is no certainty
Until all doubt is dspelled there VIII remain
not r,ernlv an excuse for but real need or
another investigation. 1t is also extremely de-
sirahla 10 learn something about King Edward
VII Land. on which neither Captain Scott ho'
Lieutenant Shackleton was able To set loot
Il, tho next place the man who 50 nearly sue
ceeded in reaching the pole is unquest1onably
rho host one in the world 10 finish the work
POSSIBLY he NAV not be able TO improve as
much on his own methods as he did on Captain
ccott's Int it would he strange if he should not
now see WAYS in which different preparation
and different campaigning when again iii the
field might help him His experience cannot
fail 70 have the utmost value Besides, ne HIS
shown the possession Of two qualities eSsehliI
To success in an undertaking "l 'iiiN MIN
amazing pluck and magnificent devotion To
tis comrades which will insure unequalied
LOYALTY in any new endeavor. There are plenty
Of Rritons who would be proud to die BESIDE
him. if necessary. in anything he might now
undertake Commander Peary has demonstrated
his superior fitness for exploration III the Noruh
in a similar fashion-by his unparalleled falIih
iarItv with the region he has explored by MS
courage and ny his watchful care over MS as
sociotes but he does not know the South as
well as Lieutenant ShaclIleton
If one may judge from the enthusiasm evoked
hy- what Lieutenant ShackletOn has already ac-
cOmplished he will find it comparatively easy
TO raise the money he needs. AS soon, thefe-
fore, as he fuIfls the various literary engage
ments he has made he will apparently be free
70 mako +be necessary arrangements for an
other venture in the Southern Hemisphere We
should not be surprised if he were able to start
again within twelve months.
New-York tribune., 1909-07-10
IN The RERKsHlREs.
IL TsIegraph b Ths TrLbuae.I ]


I.enOx July 9-Mfdsum1ner departures for a.
shore have begun. Miss Julia Chaplin and Mis-,
Margaret Chadwick have gone 70 the North shor,
and Mr. and Mrs. Frank K StUrgis viii 90 TO New
port Monday.
Mrs. W Gilman Thompson entertained at whist
to-day at Boulder Farm.
Mr.. and Mrs. Henry W. Farnham have arrived
at their country home in Stockbridge-
8Ir. and Mrs. John c. King. VINO arrived in New
York from Paris on the AIauretania have come ID
to L.enox 10 spend the season with Mrs Henry
Di5blee.
Mr. and Mrs Clark C. voorhees, are with Mr.
and Mrs George Winthrop Folsom.
Miss Elizabeth Kendall has joined her mother
Mrs William Armstrong at the Poplars-
Spencer P Shotter. with his family. Will sail next
week for Europe His son. Spencer o. Shotter. and
daughter. Miss Mary Shotter, will enter schools
abroad.
Mrs John c. Peters has arrived at the hotel
Miss Amy Kohlsaat has gone to North last Har-
bor Ne for several weeks
The Rev Dr. William H Vibbert is guest q
Mr. and Mrs. William Pollock at HoImesc1ale n
the PittsfeId Road
Mr. and Mrs. Daniel Bacon and Mr. and Mrs
Dwight a. Jones. Of New York, have registered a.
Hotel AspinwaH.
Rowland D. Allen came up from New York to
dav for the week end with Mrs Allen az Hotel As
pinwaU
Mr. and Mrs. C. W Crarner Of Chicago, hars
leased the Hagyard villa until December, and havs
arrived there.
Mr.. and Mrs. Ezra Ripley Thayer, OF Boston,
have arrived for the remainder Of July.
Stuyvesant Morris is guest Of NJ. and Mrz
George Winthrop Folsom
New-York tribune., 1909-07-10
FRESH STUDY OF NAVAL PROBLEMS.

FRESH STUDY OF NAVAL PROBLEhS.
DISPATCHES from The Trlbunes Washington
bureau show that a considerable number OF
questions relative to fighting ships are not re-
aarded bv the Navy Department as having
been settled beyond doubt. To dispel all uncer-
tainty on these points the naval ordnance bu-
reau nurposes TO institute new set or tests.
One of the most important questions on
which II IS desirable to obtain light IS whether
or not the armor plate now In use on DatIie-
ships affords adequate protection. hitherto 1t
has been customary to test armor at short range
with reduced charge, the potency of which
has been intended to equal that of a full charge
at battle range An attempt will now be made
70 INITIATE the actual conditions of an engage
mnnt Perhaps the correctness of the computa-
tions made for the old method will be demon
strated by the results obtained under the new,
I,,t tbe slightest suspicion that they may not
is ample justification for change Of plan
Other tests about to be made are designed to
determine whether or not turretS are immune
and also how serious the effects Of torpedo at
tack are likely to be. Experiments with the
old monitor Florida last year were popularity
supposed to prove that turrets are invulnerabie
and that though the sides Of a vessel may
he Denetrated by torpedo, she can be kept
afoat If her bulkheads are Strong enough. But
from the purpose of the government to repeat
the tests. perhaps with notifications it may
be inferred that the work done with the Florida
was not altogether convincing TO naval experts
Besides, as the next trials are to be attended
by less publicity than the others, 1t Is PROB
able that the Navy Department wishes TO pre-
vent msinterpretation. favorable or unfaVor-
able Inv the uninitiated, as we'll as TO mOnopo-
Iiza for a time the knowledge to be obtained.
The Navy Department has 100000 to devote to
these inquiries 1t would be worth much more
70 the government to get definite answers to all
ti,a questions II aims to investigate.
New-York tribune., 1909-07-10
AT THE WHITE HOUSE.
rFrom The Tribune Rureau. ]

From The Tribune Bureau
Washington July 9.-The President returned 70
the White House at 4 D. m. from his trip through
Nevv England He was accompanied by Captain
Rutt General Edwards and Secretary Carpenter
Senators Aldrfch and Bourne were waiting for MI
Taft with whom they spent hour discussing the
tariff bill Senator Bourne a guest of the
President at dinner this evening, Mr.. Aldrich re-
turning to the Capitol to attend the first meeting
Of the conferrees
President Taft has mapped a tentative pro-
erarnn1e of his Western and Southern trip. which ne
homes to begin on September 10 his ffty-second
birthday He wrote a letter to-day to President
Diaz of Mexico saying that he would be glad TO
meet him at Ell PasO. Tex, about October ID Leiv-
ing Beverly on September 10. the President Will so
to Seattle to visit the Alaska-Yukon exposition
He will also visit Denver, Salt Lake and spokane
From Seattle the President will go to Portland
Ore and thence, by way of San FRANCISCO VIII
proceed TO Los Angeles to visit his sister san
Diego will be the last stopping place In California
His trip will include several cities in New Mexico
and Arizona The President will spend several Gays
with his brother Charles P. Taft, on the latter 5
ranch near Corpus Christi. Tex The programme
also calls for stops at Houston New orleans jack
SON Birmingham. Augusta, Savannah. wilmington
and Richmond. Mr. Taft viii then return TO WASH
New-York tribune., 1909-07-10
GRAND DUKE CYRIL AGAIN IN FAVOR.

St Petersburg July 9.-Grand Duke Cyril. eldest
son of the late Duke Vladimir. arrived at st. Pet
ersburg to-day with his wife and two daughters.
and viii live at Tsl~skoe-Selo Until recently the
grand duke and his family had not had access to
the Russian cout account Of Cyrns marriage
to the Grand Duchess Victoria OF HeSse, who
the divorced wife of the Russian Empresss brother.
Grand Duke cyril was first permitted TO return
to Russia TO attend the funeral of Grand Duke
Alexis last November, and restored his
former rank in the navy and the honorary colonel
ships of the various regiments after his fathers
death last February. The permission granted his
wife 10 appear in circles due to the inter-
New-York tribune., 1909-07-10
BAR HARBoR SOCIAL NOTES.
r,.- --.rs~--,.-,5, .,, The Tribune Z

FBy Telegraph TO The Tribure-1
Bar Harbor Me. July 9--W- H L Lee, OF New
York, entertained this evening at the De GregoEs
Covers were laid for six
Thursday nights arrivals included Rear Admiral
and Mrs Robley D. Evans. who come on from
Newport. where they have been the guests OF Lieu
tenant Evans. They VIII spend some time with
Mr. and Mrs Harold l. SswaH at their cottage
here Miss Julia Berwind came from Newport,
where she has been the guest OF Mr. and Mrs Z j.
BerU-Iud She viii be the guest for some tina
Of M and Mrs Sidney ". Keith at Ocean Cottage.
Mr. and Mrs Robert Coleman D-aytOn and Fred
erick Drayton came to the Malvern yesterday for
the summer.
Mrs. c. Morton Smith entertained at dinner az
her cottage on Thursday evening.
New-York tribune., 1909-07-10
NEW DRINKING FOUNTAINS FOR S. P. C. A

Three new drinking fountains have been given TO
the American Society for the Prevention of Cruelty
to Animals according a report presented at the
July meeting of the board of managers by Chair
man f. A. Schermerhorn. Mrs. Philip G. Becker
has given a granite fountain for the greensboro
Bridge plaza, Long Island City; Mrs Charlotte r.
WiIbour a trough of similar design for Abingdon
Square. and Henry W. Shoemaker third fountain
as a memorial to his brother, site yet 10 be
selected these additions the society Will have
fifty permanent and forty temporary watering sta
New-York tribune., 1909-07-10
z y. HARTMAN IMPROVING.

Vienna July e.-E. II. Hartman. accompanied
by Professor Adolf Strtimpel, arrived here to-day
to see DR. G. \. Dixon. who is In this city DIR.
Dixon examined Mr.. Hartman and held
sutation with Professor Striimpel. Both physicians
agreed that the treatment which Mr.. Hartman
was undergoing was effective. and that his con-
dition was satisfactory. Mr.. Hartman will re-
main in Vienna for days. and then will go TO
Gasten, in SalZburg TO take the baths.
New-York tribune., 1909-07-10
PRESIDENT CHILDREN AT BEVERLY.
Miss Helen Taft and Brother Robert ArriTs
from ChampIain Celebration

Beverly. Mass. July S-SOmewhat weary from
the festivities of the Lake Champlain celebration
and glad 70 return TO their summer home. Miss
Helen Taft and her brother. Robert Taft, children
Of President Taft arrived from Burlington. Vt, at
. a. m. to-day. The big Presidential autOmObls
met them at the railway station and whirled them
down TO the Summer White House"
The weather along the North Shore since the
Taft family took up its residence here has been
exceptional and the cool conditions, the blue sky
and the clear atmosphere continued to-day, 20 the
delight of the young people Of the family Mrs
Taft's health IS showing marked Improvement
New-York tribune., 1909-07-10
MORE PAY FOR TOM JOHNSON.

From The Cleveland IIdlH Oediel'
Mayor Johnsons salary will be raised 10 $ogW
ve1r If an ordinance to be introduced by
C,oiI Gilman Flower is passed by the city Council
Th, Mayor is receiving q salary OF S6uJO a
wear This has been the salary of CleVeland's 5
Mavor for the last two decades, and Councilman
Flower asserted yesterday that with the rapid
groVtb of Cleveland within the last ten years 10
ctv of more than five hundred thousand population
the position OF the Mayor had also increased IN
New-York tribune., 1909-07-10

certain the truth speedily and without any
trouble by the simple, direct and effective
methods to which he is accustomed. But lne
net result will probably be that the Thaw coun-
sci will be armed with the opinion OF justice
of the Appellate Division that the proper place
for determining Thaw's sanity is not New YORK
when they begin to apply to justices IN 81 Law
renee County or in Chautauqua County Tor
vrits of habeas corpus in the case.
New-York tribune., 1909-07-10
NEW DEPARTMENT AT HARVARD.
Dr.. Rosenau Appointed Professor of Hygiene
and Preventive Medicine.

Cambridge. Mass. July Sin recognition of the
growing importance OF the subject Of public health
and preventive medicine, Harvard University
nounced to-day the establishment of a department
In its Medical School exclusively devoted those
subjects and the election OF DR.. Milton j. Rosenau,
Of Washington as professor Of hygiene and pre-
ventve medicine and head OF the new department.
DR.. Rosenau viii begin his service at Harvard
with the opening of the next college year.
New-York tribune., 1909-07-10

wears in other countries, and there was no reason
for regarding America as immune 1t is part
of the socialist creed that no man shoulo DC
willing to fight for his country and that patrlot-
ism is one of the worst Of crimes. IN france
there has actually been passed by the Chailloe[
of Deputies a bill providing at the oenhahu VI
the Socialists. for the practical abolition of
courts martial and the trying of all military
offences by civil tribunals. We must look for
similar proposals here, with insidious efforts TO
fncuIcate treason among the defenders OF the
flag.
New-York tribune., 1909-07-10
eERMAN.AMERIcANs AT AAMguRe.

Hamburg. July 9.-The American marksmen. men,
bers OF the American National Schuetzenbund.
under command of Captain Henry Won Minden.
New York. who to take part in the international
shooting competitions here. arrived this evening
the North German Lloyd steamer Main \ hearty
greeting was accorded them by Dr. Roth the chair
man. and the committee of the shooting tourna-
ment as well by Adjutant Bach. of the local
Marksmens Society. The visitors. preceded by
band marched TO their hotel through cheering
crowds.