The New York Times from New York, New York • Page 5

THE NEW YORK ITBIES. TUESDAY. JULY 1910. -11 I UELYILLEW. FULLER, CHIEF JUSTICE, DE AD Head of United States Supreme Court 22 Years End Comes Suddenly Near Bar APPOINTED BY CLEVELAND Cnly Marshall and Taney of Hla Prede cessors Served Longer History-Making Decisions Written by Him.

BAR HAJlBOn. July Weston Fulr. Chief Justice Of the Supreme Court of the United SUtes, died of kert disease early thle morning at hla jammer home. Mcln-Btay. la Sorrento, aaer here.

He was In the seventy-eighth rMr of hla age and the twenty-second 4 hi i service as bead of the Supreme men. To him had fallen the honor of third rtnk for length of service aa presiding; Jfctlre In the highest Lribunaf of the American Government. Chief Justice Marshall presided over the court for thirty-four years and Chief Juattce Taney jo twenty-eight years. Cbief Justice Fuller arrived at Sorrento June from Chicago. He was unwell In in June, but since.

coming to Sorrento, his. health apparently had "been wv good, considering his advanced are. listened to a sermon yesterday morning in the Church of the Redeemer-Epla-eonal by tne Rev. James E. Freeman of Minneapolis, who has Keen a life-long in.jiu a- miiiti.

iubiu wticn Justice Fuller retired he was In excellent spirits, and not the slightest Indication that there was serious trouble with his heart was His daughter, Mrs, Nathaniel Francis, via awakened about 6:45 by a feeble crv from her father. Upon looking at him ana raring ma worm, 1 am reeling verv III." she realised that he waa In serious condition. Dr. Phelps, who was tuinmonea irom suinvan's Harbor, hurried over the three-mile stretch of road la an automobile, but when he arrived tbe Chief Justice was dead. Mrs.

Francis tvtantime had called in Mr. Freeman, who occupies a neighboring cottage, and he and Mrs. Francis and fier daughter Miss Aubrey Francis, were with him when drain came. The end waa nearefnt anA vr- vs.ii... tatalnetl his faculties until the end.

recog-rUlug those about him. and breathing his mi, iia naa ui icn expresses, tne wish he might. In the very room where hie wire nca. six years ago. Chief Justice Fuller had been a flnm tier resident of Porrcnto for seventeen yeam.

tie spent mucn or nis time there walking and driving, but he drew up many of his Important dix-lalnna iim. also. He wns a familiar and conspicuous flBure at Bar Hirbor. especially the con cern, it iiivf uuunina- or Am. The funeral services will be held at the Cliureu of the Redeemer next "Wednesday imj-rnieni Will DO at Chicago, JUSTICE FULLER'S CAREER.

Appointed by Cleveland. He Waa for 21 Years Head of Supreme Bench. Although Chief Justice Fuller had never filled any judicial position before he was caned to the Chief Justiceship of the tinned States, he came of a family dia tlngulshed for Its service on the bench. and he bore a reputation at the Chicago bar of trying his cases with a respect for the rights of his opponents that promised well for his Impartiality as a Judge. His -T.

watnan Weston, was from 1.S.14 to lot I Chief Justice of the f.Ti, nn nis paternal grand father. Hunm Jr i Bench of Kennebec County. while hla wfu-nnown lawyer. Melville Weston Fuller rras born In Au EUkIu Ia Vh 11 lu'll i a-uu iie was euu-tated at Rowdoln College, from which he was graduated in l3. He took up the study of law under the direction of his uncle, oeorgc M.

Weston, of Bangor. ana siao attended a course of lectures at Harvard Lw School, in IteA he went into partnership with another uncle, Benjamin A. Fuller, of Augusta, At the same time hla thnuvht. jvuiiiai. W.ra nd he became associated as editor ine Age, me leading Democratic news-piper of Maine.

have tk" leading part In local affair. an In i i iTesldent of the Common Council of his town. nd waa at the same time v-ity -solicitor. However, It did not seem to him that Maine gave him sufficient opportunities for advancement, and in a few months he determined to try his fortunes in the West. Chicago had Just at this time gained Its first railroad connection with the East, and he settled there.

Mr. Fuller quickly won himself a position at the bar of the growing city. He was noted for the hard work he put Into the preparation of his cases, the keen Interest he took In the success of his cli- me courtesy and tairness which ampiayea toward hla legal opponents. Within two years of hia arrival in rhl. cago he appeured before the 8upreme Otirt Of Illinois In lha oil.

nt Derby. The first In a.hlk I A wait. 1 rvu III tth before the United States Supreme Court was that of Dow a vs. Chicago, In which nempi was made to restrain by bill the collection of a tax upon shares of the capital stock of a bank. His first personal appearunce before the court over which he was for so long to preside was in the Sfif.

wf tne Traders' Bank vs. Campbell, Which lnVfllvc.il lha (n 1. juagment against a bankrupt could con- a irauuuient preference. It Is Interesting to note that Mr ffilller waa a1r ne of the counsel to argue the case of iipan vu. me merchants' National Bank Of I'hlrairiv lha "lr.

i J-. voa. iivai "tlce alte, whom he waa to succeed. Mr. Fuller's practice was a comprehen-I 'nd lucrtive one, but he was considered a special authority oa commercial and real estate law.

In the famous Cheney he surprised -his colleagues by his familiarity with canonical law and the writings of Church Fathers. In this he successfully defended Bishop Chnrlea Edward t-neney against the attempt of an ecclesiastical council to deprive him of his rectory and parsonage on tbe ground of canonical disobedience. He was not a prominent figure In State pontics, although he waa a member of the Illinois State Convention In lwrj and at for one term In the lower House of Jjeglslature. He was a delegate to National Democratic Conventions of 14. 1K72.

IN76. and 1NN, and In IK7 made Wis speech nominating Thomas A. Hendricks for President. He was a Democrat by conviction, and thus expressed his opinion of centralisation of government eulosy of Stephen A. Douglas: iDouglua'at doctrines were predated upon the capacity of man for self-rule and the attainment of success In that on a continental scale required the Independence of local self-government contradistinguished from that ot Power which contains within "Self the elements of disintegration." In Isnh Chief Justice Waite of the Supreme Court died, and It fell to President i.

tr Cleveland to select his successor, a Is said that he was In ravoar of Bd-J. Phelps, at that time Ambassador wrfat Hrltaln. till a protetft from the Irish Democrats forced him to chnnge his Meanwhile Marshall Field, the SmfaSo merchant, waa urging the claims Nr. Fuller. He Issued instructions.

It Is uahi that he was In favor of to stir up sentiment In Fuller's favor. Te President leceived a flood of letters all parts of the country, and decided Betuta Cnic lawyer a name to the There It was submitted the Judiciary J-mmittee on April No action was lz jn on it till July LM. when It was reported to the Senate without For three hours the Senate te; nomination in executive aes-K i. Duhts were cast on Mr. Fuller ralty to the Union and hl.i aMIity as a rJLT- Th Republicans brought up the Jd Scott decision of the Democratic Jnlef Justice Taney and declared that It Ja the final cause of the civil war.

r.nr feeling ran high, but In the end we Republicans yotedlwlth the Demor and Mr. Fuller was confirmed by -u to ax Considering the alarm felt at the appointment of Chief Justice Fuller, it is fnouo that during hia term of office the Pewers ot the Federal Government were jnaterially extended throueh the declalon jnat there exlats an Implied authority on Pjrt of the Executive to protect Judges whenever there is reason to PWieve that they are exposed to dangr tae exercise of their This waa result of the case arising out ot the shooting of ex-Judge Terry by a United state aaarsnai, who oeiievea that mis act was necessary to orotect the Ufa of Mr. Justice Field. The 8uprem Court held mat tne jjarsnais actio a waa Justifiable, a It was tbe duty of the United! States Government to protect its Judicial officials, but Chief Justice Fuller concurred In the dissenting opinion of Mr. Justice Laamar on this point.

Chief Justice Fuller rendered duslna- hla twenty-two years on tbe bench a number of opinions of the highest importaace. He declared the Income tax law unconstitutional. He decided in the Danbury bat case that labor unions are amenable to the Sherman anti-trust law. in the case of the Western Union Telegraph Company vs. The Commonwealth of Pennsylvania he denied the right of the State i to tax any telegraph messages but Inter-State ones.

He established that the claims of a widow and her children to the Insurance on the life of the husHind and father are distinguishable from other claims against the estate on the ground that It la public policy that a man should provide tor his wife and children. In Inman vs. The South Carolina Railway Company! he denied the railroad the right to exempt Itself irora iiaunuy lor iu negligence i in we shipment of lie wrote the opinion In Moore vsi Craw ford, In which married women were made to bear liabilities such as those jarlslng viii uairiuiciH va aia nru as to enjoy legal rights, and in Letxy vs. liardia, in whicn tne mate was denied rights over original packages of liquors In Inter-State commerce. In addition to his official duties he acted In 1W as a member of the Arbitration Commission assembled at Paris to settle the'Anglo-Venesuelan boundary question.

On the bench Chief Justice Fuller was notable for his dignity. He was a small man, but was remarkable for his splendid head of white hair and his heavy mustache. He was uniformly courteous to the bar. and was notable for the care with which be followed the most tedious argument. His voice was musical and low and In the few Interruptions which the Court made in the hearings of sa case was heard to great advantage.

I He was a rrmn of fine literary I attain ments, and was a specially good classical senolar. it' was said that in nisi earner days on the bench he gave up some of his spare time to poetry, traces of which were allowed at times to trace even Into his Judicial opinions. He waa a finished speaker, and his address on Dec. 11. 1SK0, before- both houses of Congress; Son the occasion of the centenary of tie first Inauguration of Washington was held to be a masterpiece.

In private life he was democratic In his habits, and he lived simply at his house in Street. Washington. However, he had a great opinion of the dignity of his office ns the head of that co-ordtnate branch of the Federal Government, which Is mentioned second in the Constitution. I He therefore claimed when he first eame to Washington precedence nt all: official functions Immediately after the President and Vice President. This raised) serious questions with the representatives; of foreign powers, and consequently he -avoided whenever possible-apnearance at 'any occasion at which a diplomat wns expected.

His resemblance to Mark Twain was often remarked upon, and It hi' related that on one occasion an admirer of the Chief Justice stopped the humcrlst on the street and demanded his uatograph. Mark Twain Immediately It Is delicious to be But It Is heavenly to be Fuller. I am cordially yours. MELVILLE W. FULLER." Mr.

Fuller was also credited With being the first man to put a check on the introduction of President Roosevelt's orders of simplified spelling Into, official documents. He picked up a brief in which an opinion of the late Jutsice1 Bradley was quoted with the word "through spelled as "thru." Do I understand this purports to be a literal quotation from Mr. Justice Bradley r' asked the Chief Justice with quiet sarcasm, and from that day forth simplified spelling was dropped In Supreme Court documents. Chief Justice Fuller married twice, first In 1858. Miss Callnta O.

Reynolds, and again In ism. Miss Mary E. Ceolbaugh. He had six daughters. GREAT JUPPE, SAYS TAFT.

SOMERVILLE. July 4. President Taft was seated In the big grand stand on Highland Avenue reviewing the Independence Day parade when the news of the sudden death of Chief Justice Fuller was conveyed to him. I I learn of Justice Fuller's death," the President said, with grea tregret. He was an old friend to me, and a great Judge.

I had known him slp.ee lSyo, when I was Solicitor and our relations were always' those Of Intimate friends. I had the highest respect for his legal ability, and his death Is a great shock." Frsm Boston the President sent the following telegram to Mrs. Nathaniel H. Francis, the eldest daughter of Chief Justice Fuller, at Sorrento. Tour telegram waa forwarded toime bera.

I am greatiy hocked to haar ot i your father's death, and I extend to you and to all the members of your family the heart-' felt sympathy of Mrs. Taft and myself. Your father honored me with hla friendship for twenty years, which enabled me to know his- sweet and lovable nature and his noble ekaracter as a man. He waa a great Justice and noted for his Independence of thought and courage of action. His career entitles him to tht gratitude of his fellow-countryman, and leaves a memory of which bis family may well be proud.

W. H.j TAVT. ALBANY, N. July 4. Goy.

Hughes to-day sent this telegram to Mrs. Nathan- lei Francis at Sorrento. Me. Mrs. Hushes ai.d I extend our deepest sympathy In your rrrat sorrow.

I CHARLES E. HUGHES. ROOSEVELT PRAISES FILLER. OYSTER BAY. I July Roosevelt sent the following message of condolence to the daughter of hlef Justice Melville W.

Fuller of the United States Supreme Court, who died to-day near Bar Harbor, Mrs. Jeannette Fuller Francis, Bar Harbor, Respect and sympathy from both Mrs. Roosevelt and myself. I admired the Chief Justice aa a fearlesa and upright Judxe. and I was exceedingly attached to-him personally.

THEODORE ROOSfcVELT. Mr. Roosevelt and "his family were having a picnic at James Beachj between Sagamore Hill and Cold Spring, when a telegram from Mrs. Francis 'announcing the death of her father reached ihls home. On the return of the family ifrom the beach Mr.

Roosevelt at once sen the message of sympathy. FULLER'S ESTATE $1,300,000. CHICAGO. July 4. Chief Justice Fuller died possessed of a considerably fortune, much of which Is In' the form of Chicago real estate.

i This real estate the Jurist acquired forty vears ago. and It Is now valued at Jl.OO, 000. HUGHES POT FIRST, FOR CHIEF JUSTICE Contlmaed from Page t. on the Supreme bench Justice White of Louisiana and Justice Lurton. Mr.

Taft'a T.nnMia Thapa I a tradition In favor of balancing the parties as nearly as possible In representation on 1 the bench, though the ruin has never been strictly followed, but none of -the possible successors to Mr. Fuller as mentioned i here to-day are of the Democratic Party. Most prominent among the possibilities are Henry M. Hoyt, counselor of State! Department; Lloyd Solicitor i General of the United States, and George a un.b.p.h,m lha i tienerai. All Vl UIW iv irpuuiii.aiia, and all are at present holding! high offices under Mr.

Taft's Administration. 80 far aa mere talk here Is concerned. Mr. Bowers undoubtedly stands out strongly for succession to the Chief justiceship, but. as was pointed out after Justice Brewer's death.

Mr. Bowers as Solicitor general has taken an active part in prosecuting two of the rftoet Important cases pending, the Standard Oil and the Tobacco 1 k. a A I Trust rases, ana i umu preclude his sitting when these cases come up. To that extent then he would leave the court as far aa those rases are concerned as weak numerically, as it la at As for Mr. Hoyt.

It has been already stated over and over again that he would certainly receive an appointment to the oencn eiurw term. He was Solicitor General before' entering the State iieaariraenn as counselor of State, so that he has had no part In the big case- that are inow waiting to be decided. These case will have a rehearing, and Mr. Hoyt wil be qualified at once to taae ms place on the bench and aid. In deciding thenj.

Mr. Hoyt la a personal friend of the. PLABS A COUfflHEE TO SAVE THE PARK Lawyer Proposes an Organization to Resist Future Schemes for Its Invasion. TO ENLIST MEN OF NOTE Every Effort at "Popularization" of Central Park Will Ba Fought from the Start. A movement has been aet on foot to form an organization which shall be ready at times to resist any attacks on Central Park.

The necessity of such an organization was pointed out on Sunday morning by Thb Times and It Is probable tbat In a few days It will take shape. Its object wQl be not to hamper In any way the administration of the Park Commissioner, but to aid him In resisting; the continual pressure put on him to allow the use of the Park for all sorts of schemes which are Incompatible with its preservation for Its original purposes. William J. Gibson, a lawyer of 52 Liberty Street, who lives at the Hotel Gotham, has decided to Invite a few men of prominence In the city to band themselves to-tether in a Central Park Committee. Speaking of this plan yesterday he said: I have long had something of sort In mind, and, Indeed, have consulted with prominent men aoout it- I have only been held back by the fear that my right to take such a step might be called In question.

I only profess to be one of those who value the Park highly and get a great deal of amusement and benefit from It. I have no axe to grind and I wish to enlist 'the co-operatlon of no one who is not entirely disinterested in the matter." Mr. Glbaon first took the matter up last Winter and discussed it fully with Park Commissioner Stover and Samuel Parsons, the landscape architect At first he hoped that the Commissioner would himself call the meeting at the Arsenal to organise a representative body of but In the end Mr. Stover decided that on account of his official position he could not take any step which might seem to Interfere with the responsibility put on his shoulders. A dinner was given on March 1 to the Commissioner, at the Hotel riaxa, at which such men as Dr.

John H. Brannan, Gutaon Borglum. Dr. John IL Flnley, Seth Low, Jacob H. Schiff.

Francis Lynde Stetson. J. Hampden Robb. William UhinelandVr Stewart, Eugene A. Philbln and William R.

Wlllcox were present. It was at that timepropoacd that Mr. Gibson should lay his plan before the assemblage As things tun.ed out, how-r-ver, there were ao many speeches that It was Impossible to do so. The Idea or Mr. Gibson Is to get to- ret her some ten or a doxen men of real nfluence in the city's affairs who take an interest in the Park.

They would be ready, as soon as any action threatening the proper uses of Central Park was pio-posed. to make an effective protest, which would arouse the cltixens to the danger ond would at ony rate insure the Impossibility of any plan being rushed through the Legislature or the City Government before it was properly understood by too people at lanxe. Mr. Gibson has In mind the numerous suggestions for the use of Central Park for all sorts of purposes, often excellent in themselves, but all incompatible with the preservation of the Park for park purnoses. Such were the suggestions to build a speedway along the west side, a Had turn at the upper end.

a parade ground at the south end and to place the National Academy of Design on the site of the present Arsenal. He has been aroused to take action now on account of the popularization scheme which was adopted last week by the Beard of Estimate. The commlttte would be merely an emergency bodyi with no functions except to keep an eye on Park doings as long as no assault was in contemplation, hut it would be, Mr. Gibson thinks, of the utmost value as soon ns any Inadvisable proposal was brought forward. He will consult with Mr.

Parsons as soon as he returns from California, and will irsue invitations to men who have already shown their Interest in the cause to Jotn the committee. Shaking yesterday of the popularization scheme of the Board of Estimate Mr. GIKson raid: Before a swimming pool Is placed In Central Park It should be remembered that there arc at present other parks right on the water front of Manhattan, and It Is In these that provisions- should be made for bathing. We have Batlery Park with acres. Corlear's Hock Patk with 8 acres, the East Ulver Park at Eighty-fourth Street with 12 acres.

Thomas Jefferson Park at llUh Street with 134 acres, and Riverside Psrfc with 140 acres Here we hnve running water, and these are the natural places where swimming should be Indulged In." Trolley Cars in Collision. Several persons were hurt, but rtone seriously, on tho Brooklyn Plaza of the Williamsburg Bridge early yesterday morning, when a Ralph Avenue car. In charge of Motorman Philip Cullen. Jumped the tracks and crashed into a Hamburg Avenue car broadside. The screams of women and children brought several po licemen.

Mrs. Rose GreenDers or i Avenue A. Manhattan, was slightly cut about the hands, and Bella Welnstein, 12 years old, of til KorrolK street, in tne wrau. Republicans Win in Panama. PANAMA.

July 4. A heavy thunderstorm yesterday afternoon prevented the collection of election returns from many districts. The reports received this morning assure the election of the Republican cs.ndlla.tea There were no dis turbances worthy of note. an. his appointment to the position he now holds, wnicn was prac-ticsliy created for him, ahows that his friendship over Into official confidence.

Talk of Mr. Hoyt's elevation to the court In times past has emanated from sources close to the White House, and the ceneral oDlnion Is that he will either succeed to the Chief Justiceship or rill the vacancy Mr. uooay a retirement will occasion. Of course one of the Associate Justices might be raised to the Chief Justiceship, but that would be very unusual. History shots that Presidents have always felt the need of choosing for this bigh post men still strong In the public mind Instead of selecting from the Associate Jus tices men who by reason of their neces-rtry seclusion have for the public been merged as Individuals Into the court as an institution.

This leaves Mr. Hughes still eligible for the higher post, but so far there has been the merest mention here of the President sending to the Sen-ale a modification of his nomination making him Chief Justice Instead of Asso ciate Justice. EXPECT HUGHES TO GET POST. ii mm aar SptcUl to Tkt Srm York TnaJ. ALBANY.

July of the sudden death of Chief Justice Fuller of the United States Supreme Court caused much speculation here on the possibility of Gov. Hughes succeeding to the post, it was recalled that it was generally un derstood at the time of the selection of Gov. Hughes by President Taft for Uie Supreme Court vacancy caused by us-tlce Brewer's death that there went wltn that appointment the assurance by the President that Gov. Jlugtiet sUouid succeed to the Chief Justices upon th retirement of Justice Gov. Hugh'w would say notb'ng to-day further than that he regretted the death ot the Chief Justice.

The feeling here among the ablest of the lawyers 1 that C.ov. Hughes will go to the Chief Justiceship ahortly after he assumes his place on the Supreme Court bench, not at the outset. MANCHURIA TREATY DECISION. I i Ruatla to Communicate; It to America and Other Interested Power. 'hT.

'PETERSBURG, July 4. The Foreign Office baa decided to communicate to the United States, China, and other Interested powers the Russo-Japanese convention covering railway and other Interests In WsDchuria. The agreement will be given to the newspapers after Its transmission to other Governments. This Russo-Japanese convention la be lieved to have been lot contemplation for a lone time and to have been one of the objects of the Journey to Harbin made by Prince I to, which resulted la his assassination. Probably Mr.

Knox's proposal for the neutralization of the Manchuria railways resulted In hastening the con summation of what is reported to amount to a defensive alliance of the two nations so far as the protection of their Man-chnrlan interests Is concerned. The convention will consist, first, of a brief general statement with reference to the determination of the two Governments to maintain Jointly the status quo in Manchuria, both territorial and administrative, and to co-ordinate the railroad Interests there, second, a detailed technical agreement between the Eastern Chinese Railway Corporation and the South Mancburlan Kanroaa corporation regulating the direction and division of the traffic between Vladivostok and Dalny, and establishing advantageous through rates on the railroads, Russia and Japan to adjust several pending questions. The traffic agreement Is designed to enable the railroads to develop the territory more profitably, subordinating local developments to the general plan. Vladivostok will thereby gain a share In the export of the grain and bean to Japan. It Is intended to operate lines which, will later be as feeders to the existing trunk; lines.

DIPLOMAT TO BE SHOT TO-DAY. Beckert to Dla. for the Murder of a Legation Employe In Chile. SANTIAGO. Chile, July 4.

Wllhelm Beckert, the ex-Chancellor of the Ger man Legation here, who last September was condemned to death for the murder ot an employe of the Legation on Feb. lfOO. will be shot to-morrow. The Chancellery of the German Lega tion at Santiago waa burned to the pi cund on Feb. 5, 1000.

The following day a body was found In the ruins, and It was believed to be that of Beckert. An examination showed that the man had been stabbed to death, and a further in vestigation disclosed the tact mat tne safe had been robbed of a large sum of m.iv T-ater it was discovered that an employe of the Legation was missing, and a closer inspecnon 01 tne cnarreu ixju proved that it was not that of the Ger-man Chancellor. On Feb. 12 Beckert waa arrested at Chilian. He was charged with the murder and with setting fire to the Legation, and the evidence at the trial laid bare the motive for the crime.

Beckert bad embeszled a very large sum, coyerlng his thefts by means or lorgenes. wun ine object of concealing this he had set fire to the Chancellery after having killed the employe. The German Emperor waived the diplomatic Immunity and permitted the Chilean courts to settle the case under the laws of the country. RAILWAY CONGRESS OPENED. 1 Sixty Delegatea from the United 8tatea at the Meeting In Berne.

BERNE. July 4. The eighth International Railway Congress opened here today. Fifteen hundred delegates, representing governmental and private railways of nearly every civilised country, are in atendance. The- United States Is represented by sixty railway 'experts.

Among them are President Howard KlUott of the Northern Pacific, President George W. of the Chesapeake Ohio, Theodore N. Ely. Chief of Motive Power of the Pennsylvania and Arthur 'Hale, Secretary of the American Railway Association. Ihe members of the International Com-ral'ikn received the delegates this morning, and Robert Comteese, the President of Switzerland.

delivered on address of welcome in the hall of Parliament. FRENCH CROPS IN PERIL Contlnuoua Wat and Cold Weather Causing Much Anxiety. PARIS. July 4. The continuous wet and cold weather for the past month la caua ing much anxiety for the French cereal crops.

Some res-Ions renort that the damage Is already serious, while in other regions tbe situation 13 critical. AMERICAN PROJECTS IN EAST. Knox Watching Hankow Railway Loan and Aala Minor Railway Plana. WASHINGTON. July the and most of the officers of his official family in the Cabinet are absent from Washington, few of the Cabinet officers are out of close touch by telegraph and long-distance telephone with the As sistant Secretaries, who are looking after the routine business of the respective departments, -This is particularly true of Secretary Knox, who, from nis home at Valley Forge, is keeping close watch on the dally happenings In Washington as reported to him by Acting Secretary Huntington Wilson.

Several matters of negotiation are In what might be regarded as a critical state. For Instance, there Is the Hankow Railroad loan. America la Joined with Germany, France, and Great Britain In what the Foreign Offices are pleased politely to term a request upon the Chinese Government, but which actually amounts to a demand, for the Issue of a decree accepting a loan of (30.000,000 from financiers of tho four nations, the money to be used in the construction of the Hankow Railway. The Chines Government does not care particularly to do this, though It may seem odd Wt a nation to refuse to accent a loan. China's reluctance is based upon the fact th-t the great Viceroys and manda rins or the provinces through which the projected road will run are strongly opposed to It.

These officials, having In mind the bitter experience of China following the concession to the Russians of the right to build the South Manchurlan Railroad, are fearful that the building of the Hankow road will mean the ultimate domination of their country by the for eigners. They have offered to finance the road themselves, but It is probable that their protests will be unavailing and that some time this week the expected aecree authorizing the Joan will be Xortn coming. Within the same period it Is possible that some agreement can be reached be tween the 8nte Department and the Government of Turkey rearardlne the projected thousand-mile railroad through Asia Minor. A group of enterprising American nnarciera nas obtained a. concession irom the Turkish Government to exploit that country for the vast and virgin store of minerals supposed to be concealed below the sands and arid hills.

But a German ronoratlon which has already constructed a road leading out of Bsrdad has lodged nn energetic protest with the Turkish Government on the ground that there Is not room enoua-h for two In that part of the world, and hns succeeded in having the concession held op. Mt'tnni explanations have been and It appears that a compromise In within slirht. which will open up the field frr American exploitation In tbat corner 01 uie uneni. Democratic Politician Drowned. BALTTMORK.

July 4. Robert E. Da vis, one of the best-known Democratic politicians In this city, was drowned to day In Stony Creek, near here, by th capsizing of a rowboat. Former Police Captain Ward, who was in the boat with Davis, bad a narrow escape from death. Davis sank Immedi ately arter being thrown Into the water, but iWard managed to reach the overturned boat to which be duns until rea- UM BANISH M0SQDIT08 FROM STATEH ISLAND Only a Small Colony of Malaria- Breeding Species, Still Remains, Or.

Doty Reports. SWAMP DRAINAGE THE CURE It Haa Exterminated the Coagt Moa- quito, Which Bred Only In Salt Water. Dr. Alvah IL Doty, Health Officer of the Port of New York, said yesterday' that for the first time In Its history Staten Island Is practically rid of mosquito, and that of the hordes of winged Insects that from time lmm mo rial have Infested the Island fees than ten per cent, survive, most of them being the brown-legged creatures of th Inland waters. Dr.

Doty said that th striped-legged mosquito, which breeds In aalt water and which has been the cause of most ot the Staten Island trouble, waa at last exterminated, and this year, tb first tor many years, Staten Islanders are eating their shore dinner In the open air. Dr. Doty, referring to tbe fact that tbe brown-legged mosquito still exists on the Island, said that this species was the same aa that found along the Hudson River and in inland towns up State. This Is the mosquito whose bits sometimes brings with It malaria and Its kindred Ills. Dr.

Doty said that a determined wsi was being made on the small colony of tbem still on tb Island and that be hopes soon to report them also aa a pest of tho Dast. Five years ago 120 cases of malaria traceable to mosqultos were reported on Staten Island. In tbe last year there have been only two cases. Next year the health authorities expect to record a perfectly clean bill of health so far aa this disease Is concerned. Ten years ago when I began this mosquito work," said Dr.

Doty, It was common knowledge that nowhere along the coast was tb mosquito sltuatlou worse than on- Staten Island. After long experiments we were able to prove that the striped-legged mosquito, which comprised (X) per cent, of the mosquito population, was an ocean Insect and bred only In salt water and tffat the brown-legged, or Inland Insect, bred only In Inland waters and could not live salt water. Th problem then was to make these marsnes uninhabitable so far as mosqultos were concerned, and with that object we systematically drained them. The result i that the man who goea to the beaches on Staten Island this year is no longer troubled with mosqultos. These drained marshes are all hard ground now, and the ditches, which are about two feet deep and ten inches wide, are in perfect working order.

The fact is that New Jersey and Long Island are now suffering from the pests to a much greater extent than any part of Staten Island. New Jersey has started several times to rid her coast line of the strlDed-lexs. but something has always intervened to stop the work before It was finished. Long lslana, 1 nope, is on uie eve ot beginning a crusade with tb same object in view. Dr.

Doty said that he recently got several' professors of the Agricultural Department of Cornell University to Inspect the reclaimed marshes to ascertain their agricultural possibilities. They informed him, after a careful Inspection, Dr. Doty said, that within a year or two mey wouia make fine farms that could yield two and three and In many cases towr crop a year. POLICEMAN HOLDS UP GAYNOR Afterward the Mayor la Pleaaed with tlx Other Who Recognize Him. Mayor Gaynor.

In following his usual custom of walking from his Brooklyn home to City Hall yesterday morning, en countered one policeman who raised his Ire and five more who pleased him so that he made them a speech about their less fortunate companion. The policeman who stirred the Mayor was located In the outer guard line around City Hall Park. He caught sight of 'nis Honor coming through the line and demanded a pass from him. The Mayer kept on walking. The policeman then laid forcible hands upon him, but the Mayor held his ground, brushing the policeman 11- L.

I a asiue aim cumin uiiig ins nay. j. umg later six policemen In a group who blocked bis pathway jtood aside and saluted. That's rlgnt," said his Honor. you know a little more than the man down there.

I think there should not be a policeman -on the force who does not make It a point to know and recognize the Chief Executive of the City." Putroluiun Joseph McKenna of the Brooklyn Bridge Station, while handling the crowd on balcony of tbe bridge late yesterday afternoon, was asked by a small boy the way to Brooklyn. The policeman inquired what part, to which the boy answered that his mother and father lived there and he wanted to go home to them. McKenna took the boy to Acting Captain Burke, and was questioning him when Mayor Gaynor, who was on his way home, appeared, and asked the boy bis name and address, but be refused to answer. He was sent to the Oak Street Station. The boy is about four years old.

of fair complexion, and wore a Russian blouse suit and straw hat. TO PASS ON HIS NATIVITY. Government Will Decide Thla Week If Beriberi Victim la American. The Government at Washington will decide this week whether Alfred Amundsen Is a native of the United States. He Is considered by the Ellis Island authorities as a man without a country.

He is at present In the hospital at Ellis Island, having come here from Barbados. The English Government does not regard him as a native of that Island either. Amundsen Is suffering from beriberi, which he contracted while one of the crew of the brig Marconi. He was taken in May to a hospital in Barbados from that ship, but was immediately sent to America. As there was no proof that he was an American citizen, he was returned to Barbados, only to be sent back again.

"I was born in Boston." he said, "on April 18, 1S77, though I understand there Is no record of It. When I was two years old I went to Norway, where I lived until I was fourteen. Sine then I nave been at sea. "The fact Is that neither th United States nor Great Britain wishes to pay my hospital bin. Doctors, who say I may recover, agree that I hay at leaat a year of helplessness ahead of m.

My sister In Norway will nurse me, I am sure. If the Norwegian Government will permit me to land. Famed (or a flavor even more delicious than its fragrance. Trial Package 10o Makes 40 Cups Ask Your" Grocer 7 AGAINST OLD CHOATE FIRM. R.

WaVl Ft lea Comblalnt with Bar Association Alleging Wrongful Acta. Chair! bay been filed with tbe American Bar Association against Joseph Choate as tbe only member of the oid law Urmj of Evarta. Cheat 4s Beamaa whom the complainant 'could reach. The complain! which waa filed with Chairman Henry D.f Estabrook of, th General Council of the. association on May 17.

by James Watt of lid Elizabeth Street. West New Brighton. 8, X. alleges omissions and! wrongful acts." 1 Mr. Watts charges that the firm eon-ducted hi cas In a litigation Involving dissolution of partnership between himself and ihe Weston Brother, who were engaged in the coal commission business la New Yprk City about twentjr-flve years ago.

He claims tbat through their omission of Important evidence In court be failed to obtain exclusive control of th output of an anthracite coal mine on which his, firm held a mortgage, and lost the suit and approximately half million dolltra- "I chose to bring this action through the American Bar Association of th United States." said Mr. Watts yesterday, because Mr. Choate a member of It and waa -formerly Its President I have documentary proof that the firm and Its successor threatened to hide behind th statute of limitations If I started au action for i damages, which would outlaw env claim I Mr: Watts says that I he refrained from taking tho step until he had made aeveral persvnnl appeals to Mr. Choate, He exhibits lttra and documents which he expects to bring before th convention of th Bar Association soon to ba held In Chat-tnnoogn. 1 No official of th Bar Association nor any person connected with the law firm could be reached In the city yesterday for comment on tbe case.

i Congressman Brownlow Linger. KNOXVILLE. July 4. Congressman W. P.

Brownlow. waa stlTl alive at noon. His physicians said that he might linger for several days. AUCARS TRANSFER 1 aLa s- avf 17 ifTkTt Wh iUMUU- au over ti ie store you 11 'find new July trices that are simply irresistible. Some of them are mentioned below.

Womenfs $7.50 Pare Linen Suits In tan oaly; 19 iach coat, plain tailored; aeml-Auing, atl-i over pleated skirts; a decidedly and distinctly stylish aa. aa. an Women's $3 tb very newest models many pleated effects; perfect fitting, excellent materiala and superior workmanship, at Women's $25 a clearance of the last of the most wonderful assortment of silk dresses ever offered at an underprice; every style remaining Is 7 Afl good; every color and every design pretty; sises range ff not 40: Tueadar'a mJJ a a 79c White Habutai Silh. wide; on tb coolest and most desirable of summer dress and waist fabrics; selling regularly at 70c a yard) on aale Tuesday, llf au Girls9 Smart Pumps, colt or white canvas, with Qoodyear these sizes: 6 to 6 to 11 $1.38 i $2.25 Men's $1.50 Summer Shirts, and coolest we have aeea ao far; plain bosom negligee coat model, with attached or separate cuffs the other style haa soft bosom, un. with double turned back cuffs; made of madras, 'A percale and mercerized materiala; many different patterns; f3 UtalL il .1 JM Vaa Japanese Porch made of tbe best outside bark.

Porch Screens, 4 feet by Porch Screens, 6 feet by 8 feet, Porch Screens, 8 feet by feet; Porch Screens, 18 feet by 8 feet, i Porch Screens, 12 feet by 8 feet, 1 Paf fncifa Rnrb a i Porch Screens, 6 feet by 8 feet, Porch Screens, 8 feet by 8 feet, at Porch Screens, 10 feet by 8 feet, Porch Screens, 12 feet by 8 feet $2.50 Umbrellas, rods; a splendid assortment 01 Jlm. a .1... far a.ut I 1 at unusual vaiue ai our spctiai I- Films Developed Wg JUU aiquauiicsi au uigaa aianuara OT WOrK attained by n. in nrinttnff and malfinar Hrrrrl 4ai Larjo 8 10 Bromido Etdmrgmnt, at the apecial price of photographs, we have decided to make this unprecedented offer for this i week, when! thousands of Fourth of July pictures will have to a be developed any size rolls of films, 6, 10 or 12 exposures, at the 1 uniform price, per toP, of The Best Groceries at Tiny Prices Barter Coarse, ner le met 1 Onr 1. r.iirm.

1.. Barley Coarse, per lew met Vrbel Bice Extra choice per Jams High grae. only fruit aed 'gar: strawberry, raspberry. all etbsrs; Mew jars 'C rralt Brrap for' summer bereragas; raspberry sad all ethars: our )) regular tc. bottles aVC Gastaaaa's Clager -Ale Highest grade: 1 bottle Free with each dosao; aa perdosca 1.....

I.W Dnrfy's Grasts Jale The finest; Plata fir. 1 per quart, f-jf aVr. per do. JOU Daffy's Apple J-aVe Pints, 1Sci dot-. 3.1t quarts.

se. dos. 4. California Claret Port Ex- celleat; goo aiaed Pearl Tapiara-Par Be Baklac gd 'j-lb. pkfc.

Breakfast Cocoa Pura: H-IK pkg. Street Bed rMsa giuall can. 12c 14c CI targe I All mall orders far groceries to lar wagon delivery service must hm charge account. UOOtUSCDAlES', Lac A MAN FROM RENO caHcd to set aa tht other day. Ha was lav New York and came la to UU as that lie had never been able to aava until he began to pay dowa on est ot our $200 Mortage Certificates.

Now after a period of i two years he was ready to bela on his seventh pits saved money would have been wasted Many other people ought to use this certificate device. It pays 4 per cent, and Is as good as a mortgage Ton can My outright or at tho rate of S10 per month. TiTlE- guarantee AND iTRUST 9 Capital and Surplus, S14.000.000 170 avwav. KIT 1 73 Rewtsr St, Baly. S0 Jridios Jsmak a.

i At Fountains Dscwhcro Ask for "HORLIOK'S" Th. Orlglnil tnd Gcnulnt MALTED MILK Thi Foed-drlnk fcr All Itte At restaurants, hotels, ant) fountains. Delicious, invigorating and swtaming. Keep it on your sideboard at norrw. -Don'r travel vrithout it.

A quick lunch prepared in a marts. Take no imitation. Jrat sayTIORIJCrS." In No Gambtno or Trust argains see them: at ever turn voull f4.95 Washable Skirts, 1.98 $30 Silk Dresses, dainty styles with ankle Strap, in tan Russia call, gun metal, patent welt soles and safety heels in l4 a $2.48 24 to S2J98 2 differ, ent styles, the nicest Screens, at most at tractive prices; natural color; I at Oe at 75c at Ott at- '812S Sfnitimt (Irmmit aa at $1.00 S12S at at $1.50 pare In black, brown, green and navyj have strong lock par. afon IrlfflM mnA anh.t..ii.l BITO bcautiiui Ba id wood ban- mrA a wmm win. ujual a ucsuay price 5c per Roll.

ol amateur On -IOC One 1ft. Extra Larg Evaporated A I ft-Very taocy; por lb. EyapaTMed Prwrbes Cap led fancy par ib Omr IS, silver Lab Tsasalee Extra large; tail oaa 10c 10c ate. lad Tea, SSr. This Is stun tr.

our regular (so. ladi T-a pr ib SAMPLES FX EE. 35c Taaaalan Croat rains; lar Met large N'S raw- war reew iZi Ollr Oil Pishes, grade extra large boitaa. St raised Hsay Parostf per bottle TaUo Btaajao' flrr eora syrup la this; large Geraaaa Style Msatard Extra large CSc 10c delivered to points beyond ear regu accompanied by money unless ccstomer to 3rd to em K7 i i yv ar i mounted i I nn.