New-York Tribune from New York, New York • Page 1

ALL MERCHANDISE I ADVERTISED IN THE IS GUARANTEED Vol. LXXIX No. 26,684 First to Last I tCopyrljht. 1919, N4w York Tribune lnc.1 the Truth: News Editorials Advertisements WEATHER Rain and warmer to-day; to-morrow partly cloudy and colder; South and Southwest winds DECEMBER PARTS-88 PAGES-PARTS AND NB WS SECTION 8FOBTS SECTION I Fj C-'lliiM 1 YORK CIT1 Allies Bring Up Guns and Prick Leaves $120,00 Draft an Ultimatum; 0,000 for Public Purposes $65,000,000 for New York Art Gallery 125,000,000 Left to Fam? ily, Relatives, Friends and Employees Under Will of Steel Magnate Charity, Education, Get Large Bequests Fund Is Provided for "The Frick Collection" With the exception of approxi? mately $25,000,000 provided for his family, relatives, friends and em? ployees, the will of Henry C. Frick, who died last week, 'leaves his estate, valued at about $145,000,000, for public, "charitable and educational purposes.

Parts of the will, which has not been filed for probate in Pittsburgh, were made public here yesterday by Lewis Cass Ledyard, who drew up the document in the summer of 1915. The executors named in the will are Mr. Frick's widow, Adelaide H. C. Frick; his daughter, Helen C.

Frick, his son Childs Frick, and Henry C. McEldowney and William Watson Smith, both of Pittsburgh. According to a typewritten memoran? dum attached to the printed parts of the will given out here yesterday for; publication, Mr. McEldowney, who is the Ualan Trust Company of Pittsburgh, says the residuary es? tate, which under the terms of the wraq is to be divided into 100 equal shares, it estimated to be worth about 000,000 according to present values. in Single Gift Mr.

McEldowney further states that Mr. Frick's house and art collection ii) New York City, which after the nation of Mrs. Frick's life estate are to go to the public, are valued at approxii roately $50,000,000. An endowment of J15.000.000 is provided to maintain this as "The Frick Collection," making this single gift to the public approximately $65,000,000. No details have been made public concerning the division of 000 left to the family, friends and employees.

The will gives to Pittsburgh, where much of Mr. Frick's wealth was ac? quired, a tract of about 151 acres of land in the 14th Ward of that city for a park and $2,000,000 in trust to main? tain and improve the property. The residuary estate, to be divided into 100 shares valued at $500,000 each, is left to nineteen institutions. Princeton Gets $15,000,000 Princeton University receives thirty of these shares, or about $15,000,000. Harvard receives ten shares, or about $5,000,000.

The Massachusetts Institute of Tech? nology receives ten shares, or about The New York Lying-in Hospital receives tshee shares, or about $1, 800,000. Educational Fund Commission, Pitts? burgh, ten shares, or about $5,000,000. Thirteen shares are given to Mr. Frick's daughter, Helen, "in unquali? fied and absolute ownership," but with this suggestion: "It would, neverthe? less, be agreeable to me that she should so dispose of these amounts that my general purpose in making these legacies should be ccomplished, but this is merely the expression of my wish." I How Institutions Share The other institutions sharing in the residuary estate and the number of their shares, follow: Mercy Hospital, Pittsburgh, ten I I Pittsburgh Free Dispensary, Pitts one share. Pittsburgh Newsboys' Home, one si are.

UVcstern Pennsylvania Hospital, Pittsburgh, one share. I Central Young Women's Christian Association, Pittsburgh, one share. Uniontown Hospital, in Fayette County, one share. Cottage State Hospital, in Connplls ville, one share. Westmoreland Hospital, in Greens burg, one share.

Mount Pleasant Memorial Hospital, Mount Pleasant, Westmoreland County, one share. Braddock General Hospital, of Alle Iheny County, one share. Homestead Hospital, of Homestead, IV, one share. Children's Hospital, Pittsburgh, one Allegheny General Hospital, Pitts? burgh, one share. Home for the Friendless, Pittsburgh, share.

lingsley House Association, Pitts one share. As trustees to organize the corpora? tion, to be known as "the Frick Col Porstion," the following are named: Mrs. Prick, Miss Frick, Childs Frick, F. Baker J. Horace Harding, D.

Lewis Cass Ledyard, tf? D. Rockefeller jr. and Horace Jrlck Collection" Open to Public hii' kick's Instructions to these a trustees hereinafter in c'e named, immedi vFJ my death and during the tUu -mr Mid wife and my eldest Sm living my death, and the sur to cause to be duly in KiL? on page thirteen Carpentier's Own Story has written for The Tribune exclusive? ly an account of his sensa? tional fight with Beckett. You will find it on page 21. A rmy Food Profit To Aid Consumer Committee Will Decide How City Shall Spend $300,000 Sale Surplus A committee appointed by Mayor Hylan will determine upon the use of the $300,000 profit realized by the city from the sale of surplus army food? stuffs Edwin J.

O'Malley, Commis? sioner of Public Markets, announced yesterday. Mr. O'Malley turned over three checks for $100,000 each to the Cor? poration Counsel yesterday, to be held until the committee decides to what charitable use this money shall be put. It is expected that Mr. O'Malley and one of the millionaire Special Deputy Police Commissioners will be appointed to the committee.

Mr. O'Malley's plan, he rtaid last night is to establish a fund which may be utilized for the purchase at various times of foodstuffs offered in bulk, reasonably, and resell them to the people. The city cannot money for this purpose. An? other use for the money suggested is inauguration of a milk fund to sup? ply that necessary food to the children of the poor. Mr.

O'Malley pointed out that re? cently he could have purchased pota? toes at an unusually low figure if he had had the money. Thousonds of dol? lars could have been saved to consum? ers by their purchase, he declared. Dercum Sees President; Reports Condition Good Mr. Wilson Pardons and Bill to Increase Pay of District Police WASHINGTON, Dec. F.

X. Dercum, the Philadelphia neurologist, made his weekly visit to the White House to-day. He said he found the President's condition good, but that he would not give out a statement, as planned, as Senator Fall, of New Mex? ico, who conferred with the President yesterday, had done that for him. President Wilson transacted some official business to-day, including the signing of a number of pardon war? rants and a bill to increase the pay of the police in the District of Columbia. In signing the measures the Presi 'dent used an indelible pencil, because of the difficulty of using the pen in a reclining position.

This was the first time in the history of the nation, it was said at the White House, that offi? cial documents in parchment had not been signed with ink. During the day the President re? ceived the memorandum on the Mexi? can situation prepared and forwarded by Senator Fall and passed a portion of the day perusing the document. De? spite the snow, which fell intermit? tently throughout the day, the Presi? dent was wheeled to the south portico and remained for a time in the open air. Steel Unions Will Vote Dec. 13 on Ending Strike National Committee Expected to Pass on Question at the Washington Meeting YOUNGSTOWN.

Ohio. Dec. meeting of the national strike com? mittee of the steel workers is to be held in Washington December 13, when a vote is to be taken on a proposition to end the strike, according to infor? mation given out here to-day by an or? ganizer of one of the steel unions. The presidents of the twenty-four interna? tional unions involved in the strike, it was stated, will vote directly on the proposition. The organizer credited with the an? nouncement, it was said, was sent into the field to check up on reports regard? ing the strike made by the national strike committee.

Goullet and Madden Win Six-Day Race American Pair First in Bicycle Grind; Oscar Egg and Mar? cel Dupuy Second Alfred Goullet and Eddie Madden, forming the American team, won first place in the six-day bicycle race, which came to a close in Madison Square Gar? den at 11 o'clock last night. This com? bination carried off the honors, with a total of about 800 points. Seven othei pairs had the same mileage, laps, bui trailed far behind in the point scoring Oscar Egg and Marcel Dupuy, tht foreigners, finished second, whita Reg? gie McNamsra and Jake Magin, winners of race in 1918, finished third. Kopsky and gained three quarters of a lap after the seventh sprint of the final hour had finished but were overhauled by the field be? foTe the twelfth. a CORMES AC IMC, 7 46th John St.

CarAn, Stationery. Garfield Firm Against Raise In Coal Price No Compromise Possible That Means More Cost to Public, He Declares; Cabinet Supports Him Profiteering in Oil In West Is Charged a Barrel Since Strike Was Called Is Allegedl WASHINGTON, Dpc. coal strike cannot be compromised with the consent of the Federal government in any fashion that will mean an advance in the price of coal to the public, Fuel Administrator Garfield declared to? night. Declaring himself "sick and tired of proposals to make the people bear ad? ditional burdens," Dr. Garfield said the fuel administration alone had author? ity to increase coal prices necessary to pay wage advances in excess of the 14 per cent proposed by the govern? ment.

So long as he was fuel ad? ministrator, he said, no advance in the price to the consumer for this purpose would be permitted. "The Cabinet stands back "of me on the principle involved," Dr. Garfield said, "although I am responsible for the presentation of the facts which moved their decision." Compromise Ideas Opposed The fuel administration's statement was made after a day passed in hear? ing compromise proposals from delega- I tions of business men and others from various parts of the country. Using the most emphatic language, Dr. Gar? field left no doubt that he regarded compromise proposals as a "monkey wrench" thrown into machinery, which he willjjperate no adjpst the situation with justice both to the pub? lic and the mine workers.

The position of the government is that no wage advance in excess of 14 per cent is possible under the price of $2.35 a ton, mine run, fixed on coal by the fuel administrator. At the same time it was stated the govern? ment had no authority to fix wages and no objection could be interposed if operators favorably situated agreed to pay more than the 14 per cent ad? vance their own profit without charging the increase to the public. It is not the opinion in the fuel ad? ministration, however, that enough mines to supply the country with coal can be operated on this basis. Objections To Be Ironed Out Discussing- restrictions imposed in the use of coal, Dr. Garfield said to? night that local differences in tne severity of the application of the cur? tailment orders soon would disappear under measures being taken by the railroad administration, which is act? ing as the fuel administrator's agent in distributing coal.

He said further that production of coal had increased every day this week, and indicated his belief that a majority of miners sooner or later would accept the settlement basis which the union leaders have rejected. Another step was taken to-day by the fuel administration to restrict coal consumption by resuming the fixed prices on coke established during the war period. Distribution of coke also will be regulated. Gas coke, however, will not be affected. While Dr.

Gafield was conferring with delegations and receiving numer? ous telegrams suggesting a compro? mise in the strike situation, Attorney General Palmer conferred with Presi? dent Wilson on the general coal situa? tion and took steps to prosecute oil producers in the West who are charged in a complaint made by Senator Capper, of Kansas, with increasing the price of oil from $1 to $4.50 a barrel since the inception of the coal strike. Embargo on Oil Ordered At the same time the railroad ad? ministration announced an embargo on oil, effective Monday, which is de? signed to make available a full supply for industries in the West and thus make it necessary to haul less cfial to that section from the East. Factories in the East using oil may obtain their supply as heretofore through a permit system and shipments in transit or on order will not be affected. Reports on coal production served to increase the optimism officials handling the fuel situation. Addi? tional mines were said to be in opera? tion now and production was steadily increasing, although it continued less than half of normal.

Figures made public by the Geolog? ical Survey showed that despite the Thanksgiving Day lay-off miners re? maining at work since the strike began produced 6,42,000 tons during the week ended November 29. This was about 45 per cent of normal and 1 per cent greater than the output the week be? fore, when the men worked the full six days. Total production from the beginning of the strike on November 1 to the end of November was placed at 18,815,000 tons, compared with 56,270,000 tons in October, or about per cent. The October production, however, was greater than the average, as the mines were operated at full time throughout the week preceding the strike when coal cars were rushed to the mines as rapidly as possible. Charges of the American Wholesale Continued on page ihre? D'Annunzio Said ToPlanNew Coup London Hears He Aims to Cause Revolt in Mon? tenegro and Albania LONDON, Dec.

d'Annun zio and his adherents In Italy have ar? ranged the most startling and ambi? tious scheme for the advancement of their cause yet undertaken, revolving about an attack on Spalato in the im? mediate future, according to private advices from Dalmatian sources which are usually well informed. Efforts are being made, it is de? clared, to instigate uprisings in Mon? tenegro and Albania, coincident with the Spalato assault, it is declared, while the Bulgarians are being urged to attack the Jugo-Slavs. Those favoring the annexation of Dalmatia are said to have sent mis? sions into Albania and Montenegro to foment trouble, but the success attend? ing these projects is unknown. At the same time, it is stated, guns and war material actually have been delivered in Bulgaria for use against the Jugo-Slavs. Observers express the belief that the projected campaign reported is not entirely d'Annunzio's plan, but was conceived and supported by his ad? herents in Italy.

Meanwhile 30,000 Jugo-Slav troops in Dalmatia are said to be ready to fight on the slightest sign of aggres? sion from the Italians. Girl 'Strung Before Prison Inquiry Board Former Inmate at Bedford Submits to Cell Torture That She Charges Is Used Often at Reformatory Staff BEDFORD HILLS, N. Dec. Elsie Adler, twenty-one years old, a former prisoner in the State Reforma? tory for Women here, suffered herself to be "strung up' to the grating of a disciplinary call in the reformatory to? day. She did this, it was explained, to illustrate to Vice-President John S.

Kennedy, of the State Prison Com? mission, now conducting a hearing into charges of cruelty brought against the officials of the institution, one of the most common methods of disciplining prisoners. The demonstration was made over repeated protests from Daniel P. Hayes, a New York lawyer and a mem? ber of the Board of Trustees. It was not until Miss Adler had signed a statement waiving all claim upon the institution for injury inflicted by the experiment that it was finally brought about. Miss Adler had testified that she had been strung up during her term in the reformatory from 1916 to 1918 at least twenty times.

Those called upon to assist in her demonstration to-day were Thomas Quinn, a keeper, who last week testified to the harsh meas? ures taken in the institution to sub? due the unruly, and William Mannix, formerly employed as a fireman in the reformatory, who testified to-day that he had assisted at several "stringings up." Girls' Hands Fastened The hearing adjourned to the nar? row corridor on which the disciplinary cells face. A door of one of these was swung open. It was fashioned of strips of latticed steel. To one of these, about five feet from the ground, Quinn fastened one clasp of a pair of heavy, rusted handcuffs. He pulled the girl's hands behind her back and snapped another pair to her wrists.

There was a moment of hesitation. Then Miss Adler nodded toward her shoes. "Take them off," she ordered, and explained that the girls' shoes were always removed before they were pun? ished in this fashion. Otherwise, she pointed out, the victims could jam their heels into the squares of the lattice near the floor and ease the torture of the weight pulling at their wrists. The shoes were removed, and Quinn and Mannix lifted the girl from the ground and snapped the open jaws of the handcuff on the grating over the links of the pair on her wrists.

Miss Adler, her head thrust forward, swung from her wrists, an inch or so from the stone flooring. After about a minute and a half she asked to be let down. "It's Beginning to Hurt" "It's beginning to hurt," she ex? plained. There was protest at this on the part of the officials of the prison, who said that if trte girl could bear the pain only this long it was impossible that she could ever have been strung up, as she testified, for ten minutes or more at a time. When the cuffs were removed, red welts appeared on the girl's wrists, which are heavily scarred.

These scars, she said, are former punishments. She displayed these first, early in the hearing, after she had first testi? fied to the number of times she had been strung up. Humphrey Lynch, at? torney for Ruth Carter, out of whose trial, on the charge of assaulting an attendant of the institution, the pri? ent investigation has grown, then asked her if the handcuffs had not cut her wrists. "Yes," she answered, "pretty badly sometimes." She rolled back her sleeves and dis? played several livid marks, four or five inches long on her wrist and forearms. Mr.

Hayes objected to this, saying that handcuffs could not possibly have caused scars such as these. Tolls of Struggling "These were made," the girl testified, "one time when they kept me hanging I Continued on page four U. S. Denies Crisis Past In Mexico Release of Jenkins on Bail Fails to Satisfy State Department as Inquiry Is Started Senate to Let President Act Reply Awaited by Washington; More Trouble Ip Expected New York Tribune Washington sou WASHINGTON, Dec. crisis in the relations between the United States and Mexico will not have been cleared up until it is learned that Will? iam O.

Jenkins, American Consular Agent at Puebla, was released uncondi? tionally by the Mexican government, and not merely liberated on bail to be tried later, it was learned from official sources to-day. At the same time Secretary of State Lansing issued a positive denial that the American government authorized the furnishing of bail for Mr. Jenkins. Mr. Lansing added that this govern? ment "had never thought for one mo? ment of changing the policy of Jenkins in refusing to give bail." Meanwhile the direction of Mexican affairs will be left to President Wil? son without recommendation from the Senate that the President withdraw recognition from the Cajrranza govern? ment and sever diplomatic relations with Mexico.

After a conference of Republican members of the Foreign Relations Committee this it was predicted that Senator Fall's reso? lution asking that the President take such action would not be adopted at once. The resolution, it was said, will not be acted upon unless President Wilson indicates to the committee that he is willing to break off diplomatic relations with the Carranza govern? ment. Release Makes No Change Senator Fall, who is chairman of the Foreign Relations Sub-Committee, which is investigating Mexican affairs, asserted to-day that the relea'se of Consular Agent Jenkins "does not have any effect on the Mexican situation." "Mr. Jenkins's release," said Senator Fall, "will not have any influence on my resolution. I told the President yesterday that the Jenkins case was merely a sore that showed the corrup? tion of the whole body, and he agreed with me.

It is only one of the more recent of a long list of incidents that have brought relations past the break? ing point." A thorough investigation of the ques? tion of Jenkins's bail is to be made by American embassy officials now in Puebla nhd by Jenkins himself, it was said at Vie State Department. This government likewise has insti? tuted an investigation of the identity of J. Salter Hansen, the American, who is reported to have furnished a check for $500 on the Guaranty Trust Com? pany of New York, as well as the motive which prompted him to furnish bail for the American official without a re? quest from Jenkins or the government. Hansen Was in Mexico It has been learned that Hansen went from New York to Mexico City about a year and a half ago and is alleged to have told President Carranza and Luis Cabrera, the then Minister of Finance, that he had influence with the leading bankers of the United States and that he could negotiate a loan to the Mexican government, which it then sorely needed. The government's information is that Rafael Nieto, formerly assistant Min? ister of Finance, accompanied by Han sen, went to New York and after gain? ing an audience with bankers was in? formed that no American bankers would consider a loan to Mexico until some pretense of paying off the interest of the national debt of the country was made by Carranza.

No move having been made to pay off such obligations, the loan automatically fell through. It is further stated that on the occa? sion of this visit Hansen called upon officials of several American-controlled oil and mining companies and told them that he could settle their differ? ences with Carranza. It is alleged that he was rebuffed by the coal men and returned to Mexico City. How Official Explains Case This information concerning the identity of Hansen leads officials of the government to believe that the furnishing of bail for Jenkins was desired by Cabrera, and as one official expressed it, "He hoped to bluff the United States into the belief that our demands had been complied with and at the same time tell the Mexican peo? ple that our notes had been ignored and that Jenkins was still a prisoner and was still amenable to the courts of the Puebla." Reports in the City presa state that Mexico's reply to Secretary Lansing's last note will be forwarded inynediately. The government is most: eager to hear what explanation Car ranza will offer for the releasing of Jenkins on bail or else to have him dis? claim all knowledge of the incident.

Officials here are convinced thBt Carranza has long since received a complete report on the Jenkins affair through his trusted lieutenant, Gen? eral Pablo Gonzalez, who has been sc i.rt as his succea to the Presidency and who was investigate the af Americans May Occupy Frankfort If Germans Fail to Sign Protocol LONDON, Dec. connection with the note presented by the Supreme Council at Paris to the German representatives, ing Germany that unless she signs the armistice protocol measures of a military order will be adopted, the "Standard" out? lines the probable military measures to be taken. The newspaper says the British and Belgians will occupy Essen, while the French and Americans will go to Frankfort. Whisky Floods St. Louis Bars As Lid Is Lifted Saloons ignore Fuel-Saving Order and Sell Drinks Openly Under Court Or? der at 25 to 75 Cents Special Correspondence ST.

LOUIS, Dec. of erstwhile mourners last night and to? day celebrated the, return of John Barleycorn. Yesterday's Federal in? junction knocked off the chains that had imprisoned John and he came back to St. one of the few wet spots of the an abundance of wine, gin, whisky, brandy and rum. Fuel regulations were forgotten, cus? tomers ignored the sleet and rain? storm.

and saloons enjoyed a business rivaled only by that of the memorable night of June 30, when, at midnight, John was officially jailed as a war nuisance. Long before mid? night scores of celebrants became tongue-tied or loose-tongued, happy or tearful, according to the physiological effect of alcohol upon the anatomy of the individual. 514 Fuel Violations During the night eleven patients were received at the City Inebriate Ward. Seven of these, wondering how it all happened, were released this morning. Four charged with disturb? ing the peace must go to court and ex? plain.

Two "alcoholics" were taken to the City Hospital for treatment. The police reported approximately vio? lations of the fuel committee's closing order by saloons and A total of 514 violations by all classes of business were reported. Some saloons turned off heat and lights at 5 p. in accordance with instructions, but did not close their doors. enjoyed both heat and light.

In the downtown saloons, for the most part, lanterns, coal oil lamps and can? dles replaced electricity and oil stoves substituted for steam heat. The cabnrets were packed and the "shimmy" seemed more popular than ever. Pour Your Own Drinks For the first time in months bar? tenders placed the whisky bottle in front of customers and permitted them to pour their own drinks. The price was from 25 to 75 cents. The rush of buyers to stores having' authority to sell spirits continued to? day.

The price of whisky continues high, the price depending upon the alcoholic proof and ranging from $35 to $75 a case. It was said to-day that saloonkeep? ers have averaged $1,000 an hour in whisky sales alone since the ban was lifted. There was a rush on the part of whisky dealers to-day to have them? selves included as beneficiaries of the order issued yesterday by Judge Faris, of the United States District Court. Scores of saloonkeepers were so eager to take advantage of the lifting of the ban that they violated the or? der of the regional coal committee that their places must be-Mosed at 5 p. m.

The order was again violated this morning, when many saloons opened before the prescribed hour of 9 a. m. The business places of the five liquor dealers in whose behalf the injunction was originully granted and of about ten others which were included in the order by Judge Faris late in the after? noon were besieged by buyers who came with wagons, trucks and passen? ger automobiles to buy whisky. Many of the purchasers were saloonkeepers. Others were persons who desired to take this opportunity to "stock up." Rushed Across State Line Seemingly no effort was made to seize automobiles loaded with whisky which drove across state lines, espe- cially into Illinois.

Passenger trains I carried hundreds of travelers with heavily loaded suitcases. To purchasers of small quantities the whisky was sold at $10 to $15 a quart, though the court petitions filed i by the whisky wholesalers in the in-1 junction suit showed that its actual cost to them, after the tax of $6.40 a gallon had been paid was $8 to $9 a gallon. One dealer to-day said he was offering "a rare bargain" when he sold whisky at $75 a case of one dozen quart bottles. In normal times the same whisky could be bought for $15 to $18 a case. Judge Faris late yesterday-afternoon authorized the release for sale of 25,000 cases of wine by the American Wine Company.

In its petition the company gave the nominal valuation of this wine a3 being "in excess of $100,000." Be? fore the war it sold at retail at $1 a quart. Prices to-day showed an ad? vance of approximately $10 a case for whisky over yesterday's quotations. The supply seems never ending, com? ing from where nobody knows. Wager "Lid" Is Off Monday Wall Street "wets" put up good hard cash at even money yesterday that the prohibition "lid" would be pried off Monday night. The wagers were made on the Curb, where some of the traders claimed to have inside information on big developments.

The story was that the Supreme Court would hand down a decision at noon, Monday, declaring the war-time prohi? bition enforcement act unconstitutional. i Wilson Won't Recall Treaty From Senate Hitchcock Says President Holds Lodge Reservations Alone Are Dead, and Pact Need Not Be Resubmitted By Carter FieM New York Tribune Washington Bureau WASHINGTON, Dec. 6. President Wilson does not intend to withdraw the peace treaty from the Senate and then resubmit it, Senator Hitchcock, Administration leader, announced to? day. This statement goes much fur? ther than the Nebraska Senator indi? cated yesterday, when he gave the im? pression the President would allow the treaty to remain in the Senate for some time, then withdraw it and later resubmit it tor ratification.

The President was said to take the position that failure of the treaty to obtain a two-thirds majority with the Lodge resolutions attached did not kill the treaty, but did kill the Lodge reser? vations. Majority Leader Lodge, when told of Mr. Hitchcock's statement, took a very different view of the situation. He asserted emphatically that the treaty was "dead." Mr. Lodge plainly was surprised at the stand taken by the President.

"Bluffing," Say Republicans Senator Hitchcock's statement as to the President's plans caused some of the Republican leaders to feel that perhaps the Administration Senators are doing a little bluffing in the hope of frightening the so-called "mild res ervationists" into talking compromise. "The President," said Senator Hitch? cock, "told me yesterday that it was up Senate to take action on the treaty. The treaty is still before the Senate, he said, and the Senate must dispose of it. "We will continue in a state of war until the Senate has ratified the treaty. The Lodge peace resolution is dead.

Republican opposition to it is too strong for its adoption in the House, and the Republicans in the Senate are split on it. It never can pass either House." The President, according to Senator Hitchcock, is relying on his belief that the treaty automatically remains be? fore the Senate until it is either rati? fied or rejected by a two-thirds vote. Vice-President Marshall made a ruling to this effect the last day the Senate had the treaty under consideration and three times was overruled by a vote of the Senate. Senator Lodge said the President certainly could not expect the Senate to reverse itself merely to get the treaty actively before the Sen? ate again. All Waits on Wilson Nothing has been done toward work? ing out a compromise set of reserva? tions.

Administration leaders cannot hope to get any support from Republi? can friends of the treaty until they get some assurance as to just what the President really will acept in the way of reservations. The opinion among most of the Republicans is that it is useless to talk compromise unless the President withdraws his objections to the reservations on Article and the British voting power. Senator Hitchcock has attempted to sound out some of the "mild reserva tioaists," but has been told to wait until the railroad bill has been disposed of. There'is no hope of getting anything done with the treaty before Christmas. With the President taking the position that it the Senate's business to re? vive the treaty, it is thought possible it may be monthr before the pact is ratified by the Unite? States.

Some of the Republican friends of the treaty said the way not to get the treaty ratified at all is for the Presi? dent to get into a quarrel with the Senate over whose duty it is to put some life in the document again, and that a compromise never will be reached until the administration ap? proaches the Republican leaders with a willingness to give more than it takes. Indefinite Delay Probable Meanwhile, action on the resolution establishing peace between the United States and Germany seems to be in for i an indefinite delay. Republican leaders i in the Senate and House have can vassed the situation carefully, and have decided that the Lodge resolution de- claring the existence of a status of peace between this country and Ger- many, introduced during the closing hours of the last session of Congress, will not be pressed to a vote for the time being. The situation in Europe had a big influence in the decision of the Re? publican leaders, they said. With Ger? many refusing to sign the protocol to the peace treaty and the Allies pre? paring to send Marshal Foch into Ger? many at the head of ar army to force Germany (to sign, the Republican lead? ers in Congress do not want to take the responsibility for withholdng Amer? ican aid in the crisis.

Senator Lodge and his associates in Congress are willing to accept Presi Continued on next page Berlin Must Sign or Face New Invasion Foch Said to Have Ordered to Occupy Ru hr Basin and Frankf ort if Germany Declines U. S. Army May Be Used in Advance Scapa Flow Issue To Be Taken Up Later Paris Expects Foe to 'Comply PARIS, Dec. Supreme Council drafted a note to-day de? manding that Germar sign the protocol providing for the carrying out of the peace terms, failing which the Allies, it is set forth, will be obliged to have recourse to military measures. Marshal Foch's mil'itary program, according to the "intransigeant," is one approved in June, 1919, by the Allied comanders, comprising occu? pation of the Ruhr and Frank? fort.

The newspaper says that heavy artillery has been going through Strasburg and across the Rhine since yestercVay. The utmost secrecy is being ob I served regarding the terms of the I Allied note, whifch was unimously adopted by the council this morning, but it can be skid it is worded so firmly that conference circles expect the discussion with Germany regard? ing the putting of the treaty into force will be finally closed. Scapa Flow Note Later The note recalls that making the treaty effective means the immediate release of the German prisoners. It leaves the reply to the German rep? resentation? regarding the claims for the sinking of the German fleet at Scapa Flow to be dealt with in a fur? ther special note. The note closes by directing Ger? many to sign the armistice proctocol, failing which action the council de? clares it will be constrained to adopt measures of coercion of a military arder.

Owing to the importance of the note, Paul the general sec? retary of the peace conference, will personally hand the note to Baron von Lersner, the head of the German mission. Some speculation is being indulged in as to whether the American forces in the occupied region would join in the carrying out of military measures should Germany refuse to sign the protocol. It is learned, however, that this question has not been raised by the Allies, who assume that as the armistice is still in force the Ameri? cans would take part in any forward movement, with the British on one side and the French on the other. Expect Germany to Comply Notwithstanding the discussion of preparations for the military event? uality, the impression among the peace conference delegates is that Germany will sign the protocol. The view is taken that the German government, having been waiting for an ultimatum before yielding, will accept the situa? tion now that the ultimatum has been presented and will sign protocol under duress.

The "Excelsior," in commenting on the crisis, says it has reliable informa? tion that Washington has advised Ber? lin to adopt more conciliatory atti? tude. If ratification is not completed by December 31, says the "Echo de Paris," certain clauses of the pact will be ren? dered impracticable, and the Allies will be obliged to submit to Germany a new protocol, which would result in still further delay. Von Lersner Defends Acts Baron von Lersner's communication, which was received by Premier Clemenceau on Thursday, declared the Allies were misinformed regarding their complaint that Germany was ex? ceeding by far the limit of military forces permitted her under the treaty. Von Lersner declared that the German government had never sought to con? ceal the fact that the creation of de? tective police forces and civic guards would be necessary, and that the Ger? man government was prepared to sub? mit proofs to General Nollet, head of the Entente Commission of Control in Berlin, that these organizations were permissible under the treaty. Germany, added the German pleni? potentiary, was ready to discuss the question immediately with the Allies, and believed that such an was the best proof that she was not seek? ing to avoid carrying out the treaty terms.

The text of Premier Clemenceau's note to Von Lersner concerning the ex? cessive German armament complained of, which was made public to-day, shows that Germany was charged, in addition to the formation of the Reich? wehr (Imperial defense troops), with organizing the Sicherheitpe'izei (se? curity police) and the Zeitfreiwillige (emergency volunteers), wljich are de.