davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1910-02-01
TILLMAN HEARING.
Senator Glad There Is No Di-
TOrce in South Carolina.

Columbia S. c.. Jan. Ex-senator R. R.
Tillman and his son, B. R. Tillman. jr.,
were present when the case of Mrs. B. r.
Tillman. jr., against Senator B. r. Tillman
and his wife for the custody of the two
children of young Mrs. Tillman was taken
up by the Supreme Court here to-day. The
childrens mother was also in court
Senator and Mrs. Tillnan rest their case
entirely on the statute law of South Caro-
lima. in part as follows:
THE father of any child or children
under the age of twenty-one years and not
married may dispose of the custody and
tuition of such child or children during
such time as they remain under the age OF
twenty-one years TO any persons.
Under this act B. R. Tillman. jr., decided
the two children to Senator and Mrs. TILL
man.
No effort has been made 10 assail the
character of Mrs B. r, Tillman. jr.. but in
his affidavit Senator Tillman says that ii Is
probable the young wife would so 10 an
other state Ito get divorce and remarry
In which case the children would be placed
under a st5pfather.'
Thank God" says the Senator. there Is
no such thing as divorce in South Caro-
linar'
New-York tribune., 1910-02-01
PAYNE STANDS PAT
NO TARIFF MEDDLING.
Conservation Fight an Housc-
Bond Bill Passed.
lFrom The Tribune Bureau. J

Was shington Jan 31.-In a desultory der
bate in the House to-day two important
facts were made clear. One is that the
Ways and Means Committee will under no
circumstances consent to reopen a tariff
discussion by reporting a resolution TO put
meat and its products on the free list, and
another is that the Public Lands Committee
will not be permitted to pigeonhole tho
Presidents conservation bills without sers-
Gus efforts on the part Of Representative
Mann and his followers to bring the meas
Ures 10 a vote.
Representative Payne. Of New York was
the authority for the statement that the
Ways and Means Committee would not
consider the resolutions providing for a re-
opening OF the tariff discussion
When Mr.. Payne's bill which provides
that the principal and interest Of United
States bonds and certificates Of indebted
ness shall be paid in gold was reported.
Mr. Fitzgerald. OF New York. offered s1
amendment providing that all meat prod
ucts be allowed to come in free OF duty.
and declared that the payment OF bonds
should have been provided for In the tariff
bill He asserted that it was an evidences
OF hasty consideration IL the tariff bill had
to be amended within six months after It's
passage.
Representative Payne answered by point
ing 10 the action OF the Democrats after
the passage Of the Wilson-Gorman bill. He
declared that within six minutes after Il
had been agreed 70 by the Senate dozens of
bills were introduced to amend IL, and en-
phatically asserted that under no circun-
stances would he consent to open the tariff
question His bill was passed
a resolution providing for the usual dis
tribution Of the Presidents conservation
message gave Representative Mann, of II
1nois. an opportunity to make significant
statement. He began by saying he was
certain Representative Mondel1. OF Wyo-
ming, chairman OF the Public Lands Com
uittee, is not in sympathy with the main
purport Of the Presidents conservation
measures. He then declared that II that
committee tried 10 take possession of any
of these measures and file them away hs
would endeavor, under the rules, to find
some way OF bringing the bills before the
House.
This declaration stirred Representative
Smith, Of California. a member Of the
Public Lands Committee, 70 action He
asked Mr.. Mann if he was not the author
of a bill on conservation which had been
referred TO his own committee and was
yet unreported- Mr Mann admitted II.
DUr SalQ LndL MS measure was merely sup
Elemental to those desired by the Presi-
dent Mr.. MondelI then explained that he
had made it a practice never TO Introduce
bills of which he did not approve, and
that he would not introduce the Presi-
dents measures.
The factions appear TO be well aligned
in the conservation struggle, but az yet II
has not been decided who will take charge
of the administration bills In the House
It is certain that Representatives Parsons.
Mann and Douglas. of Ohio, will take
great interest in their passage
New-York tribune., 1910-02-01
IN ALASKAN CLAIMS.
McLachIan, Kinkaid and /G't-
Iette Explain.
From The Tribune Bureau

washington Jan. 81 - Representatives
James McLachlan. of California, ana Moses
p Kinkaid, of Nebraska, declared frankly
to-day that they were interested in Alaskan
coal claims, as brought out IN the bal-
linser-Pinchot investigation. Both men de-
clared that their connection was entirely
legal and ethical and that they courted the
fullest publicity
IF there has been any violation of the
law" said Mr.. McLachlan, II am not
aware Of it l went into the proposition
two or three years ago at the solicitation
of Mr.. Green and have paid about s4eD
for surfacing and developing my claims
The land was taken up in the usual man
ner of filing on mineral land. In the begin
ming I purchased the right from the orlg1-
nal entrynan and I do not know anything
about the manner in which the filing
made If there was anything wrong with
IT it occurred before I went into II. A
magazine article just published says my
claim is worth S1.90O,0o0. If 1 could get
$1,000 for it I would sell out. Not more
than 160 acres can be held by one person,
and that is the extent of my claim. The
law also provides that there can be no con-
solidation Of claims aggregating more than
$500 acres The group represented by ex-
Governor Gillette of California. Representa-
tlVes Mckinlay. knoWland and myself
comes within that limitation
Representative kinkaid said he had moth
ing 10 apologize for or conceal in his
claim. He was willing to appear before
the committee and testify, and declared
that he hopes eventually to acquire the
land.
Representative Knowland denied abso-
lutely that he had any claim in Alaska
Of any kind Representative McKinlay is
absent from Washington.
Sacramento. Cal. Jan. Ex-Governor Gil
lette told to-day of his purchase of Alaska
coal lands near the Cunningham group.
Three or four years ago." he said, II
purchased through a man named Green 100
acres for myself and 120 acres for my wife
the claims being ten miles from the Cum
ningham group. Those claims have cost
me $4,000 each They are in anthracite
coal, while the Cunningham group is btu
minous coal Some time ago we, with
several others, grouped our land and
formed a company, naming it the Alaskan
Smokeless Anthracite Company. and I still
own the claims
New-York tribune., 1910-02-01
RAILROADS WIN CASE.
Government s Suit to Restrain Them
Dismissed by Supreme Court.

Washington, Jan. H.-The certificate to
the Supreme Court OF the United States in
the suit brought by the government to en-
ioin the Terminal Railroad Association OF
81. Louis and a large numter of railroads
from ALLEGED interference with interstate
commerce was to-day dismissed by the
court
This action was taken at the instance
of the Department of Justice on the
strength OF a recent opinion that the con-
sideration of the certificate would be as
suming original jurisdiction over the case
In the Circuit Court the judges we're di-
vIded equally as 10 whether the govern
ment should be given relief or the bill be
dismissed. Thus. not being able TO reach
a decision. the case was certified to the
Supreme Court. The Circuit Court Will
now be called upon 10 act on the suit.
New-York tribune., 1910-02-01
TREATY WORTHLESS.
Immigration Commissioner on
White SIaUe" Traffic. >

Washington, Jan 31.-The treaty ratified
by the Senate on March 1. 1895, providing
for action by the powers toward repression
of the white slave traffic, has been de-
cIared by Daniel J. Keefe, Commissioner
General of Immigration, to be practically
worthless"
The failure of this convention to ac-
compIish the good expected was explained
in a report by the Commissioner General
which was transmitted TO the Senate to-
day by President Taft. In the course OF
an exhaustive report Mr.. Keefe said:
Practically no cooperation at present
can be expected of the signator1es as re-
CARDS the enforcement of our immigration
laws, with which some of the powers are
found to be out of sympathy. The procur-
alton of innocent women and girls for pur-
poses of debauchery has seldom, If ever,
come to the attention of the bureau, ard
as il Is the purpose Of the treaty TO pre-
vent such procuration the trearyS use
fuIness ends there
Even with the passage OF new legfslaCon
with stringent provisions, this bureau
which has been designated by the govern
ment in the repression OF this traffic, VIII
not be in position to enforce properly the
same without specific financial provision
being made which will permit OF an unre-
hitting warfare against the evil through
out the country as a whole, and not IN
isolated portions alone. this warfare being
restricted, Of course, TO aliens
After the ratification OF the treaty the
Rnreau of Immigration sent letters to the
nroper officials in France, England. Ger
many Austria Hungary, Belgium, Spain.
Russia, Portugal sweden. Denmars. Hoa-
ascertain the degree of cooperation 70 oe
expected of the signatory powers Tho
net result Of the replies was that no CO.
operation could be looked for except in
Instances
New-York tribune., 1910-02-01
TRGES POSTAL BANK.
Mr. Carter Pressing Passage
of Bill IN Senate.
rFrom The Tribune Bureau

washington. Jan. 31-An exhaustive ex-
pIanation of the postal savings bank Dill
was made in the Senate to-day by Senator
Carter. who is in charge of this leglsla-
ton. The Montana Senator made 1t clear
that he will take advantage of every pos
sible opportunity to press for vote on
his bill. He called up the measure at the
close of morning business to-day. and in
timated that he would continue to utilize
the morning hour for discussion of the
legislation until an agreement fixing tune
for a vote could be reached.
Mr.. Carter reviewed the history of postal
savings repositories in other countries. He
said that the United States is the only
first class power in the world which has
denied the privileges of such banks to the
people. They had been a, success wherever
they had been tested, he said, and had
helped rather than nenaced commercial
banks. Mr.. Carter told of the efforts in
this country for the establishment OF
postal savings hanks and the promises
nade in the last Republican platform, as
well in several other party platforms.
He also referred to the support given this
legislation by postmasters general for the
last forty years, and called attention to
the fact that it had the hearty approval
of President Taft and ex-President RooSe-
Welt.
The prime purpose of the measure he
declared, lis to encourage thrift among
the masses of the people by furnishing
widely distributed, convenient and abso-
1utely safe repositories wherein small sums
may be placed at low rate of interest,
with the faith and credit Of the government
pledged to the repayment of principal and
interest on demand.
Replying to a remark from Mr. Hepburn
in criticism of the failure of the bill to
provide for disbursing officers for the pay
nlent of claims growing out of postal de-
posts, Mr. Carter asked Mr.. Hepburn if
he required that accounts should be kept
in every neighborhood, adding that it
would be impracticable to do that. Then"
said the Idaho Senator, ''if it's too much
trouble, let's not enact the legislation.
Mr. Carter found in Mr.. Heyburns atti-
tude opposition to the bill on general prin-
ciples, and when the latter declared that
such was not necessarily the case Mr. Car
ter suggested that his contestant should in
troduce any proposed amendments that he
might have to offer.
1T Will not be necessary TO offer any
amendments until there is more danger Of
the passage of the bill than ct present"
said Mr.. Hepburn.
II admonish the Senator that 1t will be
we'll for him to be prompt with his sug-
gestions." replied Mr.. Carter.
THE same threat was made last year"
responded Mr.. Hepburn. but the danger
never came very near
The bill then went over until tomorrow.
New-York tribune., 1910-02-01
DEFEAT FOR KANSAS
PULLMAN CAR CASE.
Supreme Court Holds State
Tao on Capital Is Illegal.

Washington, Jan 31.-Following the doc
trine laid down in the recent opinion in the
case of the Western Union Telegraph Com
pany agt the State of Kansas the Su-
prcme Court of the United States to-day
rendered an opinion which. In effect, pre-
vents the state from ousting the Pullman
company from doing a local business in
that state because it failed to pay tax
on its capitalization, under the provisions
of the so-called Bush act
Justice Harlan announced the opinion of
the court In summing up his arguments
he said:
For the reasons and under the limita-
tions stated in the opinion delivered in
Western Union Telegraph Company agt.
Kansas and without expressing any opinion
upon questions not covered by this opinion,
we hold:
Il That the Pullman company was not
bound to obtain the permission of the state
to transact its interstate business in Kan
sas. but could go into the state for the
purpose of that business. without liability
to taxation by the state with respect to
such business although subject to reasona~
BILE regulations relating to the safety. COM
fort and convenience of the people which
did not, in a real substantial sense, burden
its interstate business.
2- That the requirement that the COM
pany, as a condition Of its right to do 1ntra-
state business in Kansas, should IN the
form of a fee, pay to the state specified
per cent Of all it's authorized capital, was a
violation of the Constitution Of the United
Stats. in that such single fee, based as
it was on all the property Interests and
business of the company in and out of the
state, was, in effect, tax both on the in
terstate business Of that company and on
it's property outside of Kansas, and COM
PEELED the company, in order that it might
do local business in Kansas. in connection
with its interstate business. to waive its
constitutional exemption from state taxa
ton its interstate business and on its
property outside of the state.
''3. That a decree against the company
ousting and prohibiting it from doing intra-
state business in Kansas was improperly
granted, and should have been denied and
the bill dismissed. because such decree
in effect would recognize the validity of
condition which the state could not consu
tutionally prescribe under the guise of a
fee for permission to do intrastate busi-
ness
A charter fee OH the capitalization of the
company had been made a condition by the
Charter Board Of the State Of Kansas. The
fee was required under the law of Kansas,
enacted in 1905. by which foreign corpora
tions seeking to transact business in the
state must pay a charter fee for the benefit
of the permanent school fund.
Judgment in the Supreme Court Of Kan
sas was rendered in favor of the state, the
law being held constitutional.
Justice Holmes announced a dissenting
opinion. Chief Justice Fuller and Justice
Mckenna also dissented
New-York tribune., 1910-02-01
HEARING MARCH II.
Supreme Court 4dUances Cor
DOratiOn Tar Cases.
from The Tribune Bureau. I

From The Tribune Bureau.1
Washington, Jan. 31.-Monday, March II,
was set to-day by the Supreme Court of
the United States for the beginning of the
argument on the constitutionality of the
corporation tax law. Six cases were ad-
vanced and hearings set for that day. The
Vermont case in which Maxwell Evarts is
counsel. will also be heard on thst day.
Two Of the cases come from Chicago, and
in them Judge Edward Osgood Brown
appears as counsel. By direction of the
the Chief Justice, the time allotted for
argument will be apportioned among coun-
sci for the several plaintiffs. The advance
ment was concurred in by Solicitor General
Bowers, for the government The cases ad-
vanced are Francis L. Hine agt. the Home
Life Insurance Company, of New York;
the Cedar Street Company agt. the Park
Realty Company, of New York; 1. ". Jared
agt. the American Multigraph Company,
of Cleveland; Wyckof Vanderhoef agt. the
Coney Island & Brooklyn Railroad Com
pany, of New York, and Fred W. Smith
agt the Northern Trust Company of Chi
cago.
The Chicago cases involve a national
bank and trust company. The others
include a mercantile corporation, a public
service corporation and a company en-
gagged in purely mercantile business 1t
is regarded as assured, therefore, that all
the grounds for objection to the tax will
be represented in the briefs and the oral
arguments before the court, that its
decision will be regarded as final. The
entire membership of the Chicago Clear
ing House is interested in the cases rep
resented by Peckhanl, Brown, Packard &
Walsh and indirectly, the entire banking
community of Illinois.
In each case a stockholder sought to en-
ioin the company from paying the tax, and
the petitions were ordered dismissed The
court was urged to near the cases at al
early date IN order that n decision might
be obtained before June I, by which time
the tax must be paid under he law.
The governments request that it be per
r1itted to submit arguments and briefs in
the cases vas grant-d-
The action of the court in setting the
hearing for March Il affects In no way
it is said by attorneys interested, the opera
TO be made by March 1. II is generally
believed that a corporation falling to
comply with the law requiring a return
by that date does so at It's peril. There
was nothing in the order of the court to-
day which authorized the holding up of
the operation of the law.
The court to-day Icok 4 recess TO Febru-
ary l, so there can pe no decision in the
Tobacco Trust case before that date.
New-York tribune., 1910-02-01

Yes. sir; l sent them copies of papers
and affidavits.
Don't you know those papers are con-
f1dentiaI?''
II sent them for the official use OF the
Forest Service in their Investigation
But you took them as an official of the
land service"
Yes. sir"
CLAWS added that /. had always been the
practice to furnish copies of papers to the
forestry in all cases where that depart
ment was cooperating
Now, again, why was il you made that
affidavit?'' inquired Senator Root.
Il thought it might be Of interest to
President Taft if I had another opportunity
10 see him.
Did you intend to send it to President
Taft?"
II had that in mind
Did you send it2''
mo: 1 thought l would show 1t TO him
when he came to Seattle,
And you did send ii where?
ITO the forest service
CLAWS added that he thought the affldavlt
would also be of interest to Mr.. Garfield.
You did not do it with the idea OF at
tacking President Taft" asked Senator
Root
No
You swear you did not?'
Il swear.
Did you think it would aid the Presi-
dent?''
Il didn't know; 1 didn't think it would
injure him
Senator Fletcher asked the witness II ne
had charge Of the Alaska cases for upward
of two years, and had 'habitually procras-
tinated" as charged by Attorney General
Wickersham He replied that he was placed
in charge of the work in December, ls0''
and was out of the service before TWO
wears were UP. He pursued the work dill
gently, he said
CLAWS said that the work he was placed
on by the department in the summer or
le0S, when he was temporarily taken on the
Alaska cases, was more urgent but not
more important than the Alaska cases
He added. however. that he could nave
carried on both matters at once If he had
received sufficient help
Didn't Secretary Garfield write you tnat
the appropriation had about given out?'
asked Senator Nelson.
Yes, SIR
The committee then adjourned.
New-York tribune., 1910-02-01
NlEDERSTEIN HANDS IN CHECK.

Frank Klingenbeck representing John
Niederstein. former County Clerk OF Queens.
turned over yesterday to City Chamberlain
Hyde a certified check for Sl5.349 so. being
the amount collected by the County Clerk
from the mortgage tax in Queens for the
month of December.
A representative OF the Attorney Gen
erals office on Saturday night served Mr.
Niederstein with a summons IN an action
brought 10 compel the payment OF the
money, which was overdue. Yesterday n
representative Of the State Controllers Of
flee came from Albany TO audit the ac-
counts of the former County Clerk on the
mortgage tax collections. When this is
completed satisfactorily The suit will be
dropped
New-York tribune., 1910-02-01
LAND FRAUD CASE IN PARIS.
A D. Campbell Examined Regarding
Alaskan Patent.

Faris, Jan. 31.-A. D Campbell, of Spo-
kane. was examined to-day before Mr..
Mason, United States Consul General, con-
corning the complaint that he had taken
up a patent TO land in Alaska with the
intention of disposing of his rights to
others. Campbell denied that he had COM
nlitted 4 statutory fraud
The examination was conducted by J. NJ
Sheridan and W J. Mages, respectively
special agent and commissioner of the
Department of the Interior, who were sent
here by the United States government TO
take testimony in connection with the Cum
ningham coal cases. They will go to Rome,
where they will examine B. c. Riblet
New-York tribune., 1910-02-01
CHILD DIES IN QUARANTINE.

Mrs. Helena Chrisoula. a Greek wornars
whose FIVE children were held IN Quaran-
tine at Hofman's Island. pending their
recovery from measles, was informed yes
terday that Efrgia, her youngest child.
seven months old, had died on December
IS Mrs. Chrisoula. who is & widow. ar
rived here with her five children on No
vember a on the steamship Oceania. She
was on her way 10 her brother, who Is
employed in jamestown, y. Y. Four OF
the children were born in this country.
New-York tribune., 1910-02-01
STATE TROOPS TO TAKE PART.
Governor Hughes Accepts Invitation of
the Secretary of War.

Albany, jan. Ex-Governor Hughes has
accepted the invitation of the Secretary Of
War for the coast artillery regiments to
cooperate with the United States army in
Joint coast defence exercises at Fort H. G.
Wright, New London, from June to July
10. according 10 an announcement made to-
day by Adjutant General Nelson H. Henry.
Colonel Austen, chief of coast artillery,
and assistants will take part in this ser
New York regiments are: 18th Coast Ar
tfIIery, Brooklyn, June 8 to 49,; 9Th Coast
ArtilIery June 19 to %. and Sth Coast Ar
tiIlery, June % 10 July 10, both of New
York City
New-York tribune., 1910-02-01
TAX DEPUTY REPRiMANDED.

James Mcnamara, Deputy Commissioner
of Taxes. assigned to the Brooklyn Office
Of the department, who was charged with
Incompetence and neglect OF duty by the
Tax Board, has been Teprimanded. He
viii probably be transferred TO another
borough. This disposes of the last of the
FIVE cases in which deputies were before
the board on charges. Previously three
men were dismissed and one man was rep
rfyr12 nj
New-York tribune., 1910-02-01
JUDGE KNAPPEN CONFIRMED.

washington. Jan. 81 -Judge loyal 2
Knappen was confirmed by the senate to-
day 10 be United States circuit judge for
the 6th Circuit. comprising Ohio. Kentucky
and Tennessee. to succeed Judge Horacs H.
I,urton VINO has been appointed TO tbs
bench of the United States Supreme Court
Arthur c. Denison, who had been ap-
pointed to succeed Judge knappen as
United States judge OF the Western Dis
tricr nT Michigan. also was Confirmed
New-York tribune., 1910-02-01
u,,uk IElD FOR EXAMINATION.

Robert Hawk. an ad1uster' OF the III III o'
Crow s. Hawk, of No. II Broadway; VINO
go his address as the Hotel Bayard, was
held in s., 600 bail for examination to-mor-
row row Oh a charge of grand larceny BY y,a MAG.
~nurt vesferday. Hawk was arrested On
sunday night by Detective Flynn; Of the ne
Central once Bureau on the chaTge a.
way cafes.
New-York tribune., 1910-02-01
TO HOLD RECEPTION,

Lloyd c. Griscom, Otto T. Barnard, New
bold Morris, George B. Agnew, John Henry
Hammond, Justice Edgar ]. Lauer. How
ard Conklin, William Bondy, Robert Fulton
Cutting, Lindon Bates and William ChilVerS
have obtained boxes for the annual enter
tainment and reception Of the Republican
Club of the 9th Assembly District, TO be
held at the Lexington Opera House on
Monday evening. February a. Senator Root
and Attorney General Wickersham, who are
residents OF the district. are expected to be
present.