The New York Times from New York, New York • Page 1

A trs mi- "AH the News That's Fit to Print" 4- THE WEATHEn Filrpct so c'cld; brisk north A A Mill I I i 1 3 vol. Ill HE HilDE Merely a Question of Canal or No Canal, Says thePresidentj. Regarded as a Strorij-' State- meat of Administration's Position Morgan Attacks It Sfrcicl to TU Km York To. wiSHIXaTON. Jsm.

4. The message sent- to. Congress to-day- by President 'gooweJU dealing with the Panama Canal treaty nd the attitude of wUh regard to the revolution to Paji-emalVae awaited "with an eagerness and itudieU with a thoroughness seldom accord-si to utterance. Practically tl' entire day was devoted by the Senate to II consideration. Following the reading of the document, the Senate indulged in an animated discus-ton of the The longest speech Vis delivered by Senator Morgan of Ala-liama.

who made a violent attack upon the president's course, declaring that be bettered ft to be "such as to threaten the integrity of the United and assrt-iiif be. for one, would not vote ratify the wrong done by the Presidents uto. he desires this ratification to justify what he and the Panama Junta juve done-." Senators Stewart of Nevada McComas of Maryland spoke eup-rt of the Administration's President Roosevelt's messag-e -conveyed aUuiUonal information about the Panama, revolution, and urged the ratification of i tbt. canal treaty. -In plain lana-iase the JtJttdent announces that whether or not the treaty la ratified Panama Xrtll not bo it-stored to Colombia.

Panama la recog-' nixed and the question -of Its recognition, ilil President declare. is not befor this Government. i'- fThe question, and the. only 4 ft'ys the Is whether. or.

not we build an Isthmian canal." J. the general belief that the PresJ-' fleet's way. of putting the issue, as purely that of the Isthmian canal and not at-ail ef the recognition of Panama," will "have a decided effect on the Southern Senators, Their constituents want the canal, and the President's definition of the it la titought, will make It harderthea ever for xhtm to oppose It, -j A good many of the eomrnunlcatlons ui the messaga are apparently- made buUlc to refute arguments made against the AJttinistratlon's attitude. for instance, th lct has freouentlv been dwelt udou that Actlagr Secretary, lioomla notified- ths' trfnsular officers oa tho Istlmius sonto i hours before the revolution broke out that la uprising was reported. This baa been taxes ts show tat AflmlTrfMration was in the secrt.

The President says that Loorris sent the. telegram because an Asso- 'cisted Press bulletin had 'been shown him j.whicit stated that en outbrealr liad oe-i v' EFFECT; OF TUB The effect of the message, as' far as Mb sentiment of the majority and ml nor-j Ity BsnatoTi could be gleaned." iiaa been to frame and define sharply the Issue In ths Senate as to the- ratification of the i treaty and the building of the canal. Many Senators think that th minority has" gone about far enough in resisting the treaty, as In the end most of the Southern Senators will have to vote for it Sm Obedience to the wishes of their 'coo-atltuencies. By some it was plainly intimated that the President had cut the -minority and separated Mr. Gorman from his -recent following.

The Reoublican Senators isay unequivocally that the President has 'won the fiffhvand that there will be no 'eifftculty now in securing, the ratification of the treaty. Senator McComas began a discussion of 'the Isthmian situation, characterizing the message as a "clearly cogent fend abundantly convincing presentation of the situation." Mr. Morgan interrupted with a question to Urlng-out thv point, as be that ths recnemition of the new republic was simply facto." McComas held otherwise, maintaining that the recognition waa official and would be held so by the courts. J'" r. Culberson questioned the rierht of the Executive to.

make such recognition, tut Mr. "McComas maintained positively that the Executive bad such authority, and could bring to the attention of the Senate two instances in which the same power h4 been exercised. But I want to know. broke In Mr. Till-stin.

whether the Senator contends that the Executive, without tnstructlon of the oeirress can employ the army and navy defend his executive aoMon by. warning far and preventing Colombia from hr supremacy, anywhere except on the fetiama Railroad?" r. McComas replied that the Executive only had th right but the exclulve j'Sht to take such action. Mr. Bacon of wrsia Inquired how long the new republk? Ut should the Bu.talntnT power of tf United States be withdrawn.

For many years." replied Mr. MComaet. "ft added that but for the restraining power the United States the Independence of fuiBia would have been establlshod "WHl the Senator state the respective tabulations of Panama and Colombia Mr. Bacon. Pattama has about 300.000 and Colombia ws the reoly.

And th Senator thinks the 300.000 could themselves ngalnst the four and a mUllrtns." again interjected Mr. Bacon. 0 were frequent events in hls-I the reply, and Mr. McComas men-the succesMfut contest of Japnn with Bllt. VIUIIS Villi! tW.rv.

ri' Mcmas. addresslns: hlmseff to the Jmocratlc side of the chamber, declared excellent men have made a blunder' and have mistaken their ti nihip for a moral aense. tie would fr. he added, this opposition was but it whs perversely wrons. The prldnt's Panama record, be said, would elect him In wrmber and result in the construction of followed with an indorsement Adminiatratlon the Panama ques- ftlthouirh.

he said, he had formerly lB avor of the Nicaragua route. He that tho obtect of Cionbl was lJ'y matters until the expiration of the canal 'concesifTi and then charira l2.Lnitd States fl0.000.0ua for the con-'on. i SENATOR STEWART'S ATTITUDE. i "It la ttme.1. added, we should begin i treat them' according to thHr true char- INDEX TO DEPARTMENTS.

I "nUStet5l AVirm mmerdal World. Page 12. Arrivals and Buyers in Town. 13. Iness Troubles-Page 13.

Calendara. Ptfge iJL ffwes by 14. Nws and Foreign 13. Corpora Page 10. Esiate.Page H.

'filed 12, aiher 12. urday a Flrta piu 14. aeters. as blsh.way robbers, levying mail on, th nations of the We have got the right of way jtow for the.car.aL Tk people want the anal. and." turning to tho rernocratlo tide of the chamber, you had better.

get on to the and wagon because It Is The people don't care anything about' that little band of robbers at Bogota.ihd ws, are going to build the canal. anJ I am going to try to live the canal is on sir acted." Senator Morgan thep tools the floor. He declared that the message of the President, 'SI a against the' resolutions a(d remarks of the senior Sena- hi-fl fw434 thAt lf nt yield in no eou'S ever pass thiv Jthmu of Panama, but ho in the breaking down of ot neutrality between enlarging ihe diplomatic SSm th fresideut ly construcUon cached the whola stage ot usurpation on the part of tho 4.r- said that hia colleagues trcm the South could not fall to Kee that the. Prslilent's attitude wa intended to force to vot for the Aa renr brasrlf, be waa not opposing the President on alight ground, but because he believed the course pf the Prenldent to be K.d Sat' tD" Senator Morgan declared thaC Instead'of the uprising being that as ot one man, aa decrared by the President, It had been nn uprlslna; of eight men, who for months had bee in conspiracy asainst the ffsal feople of He declared that Present Roosevelt's Interf erence in Colom-la affairs on the Isthmus waa' unjustified by he Constitution and asserted that if there waa to be a general policy on the part of the United States of upholding clvfllration. that policy-must be undertaken by Congress; and not left to blaren th lance of some Individual American Sancho Pa ma.

to be thrust into the boom of a friendly For one he would not vote to ratify tha wrong done by the president," who. he adrted.J" desire this ratification to Justify what he and the Panama junta have done. And for that added Mr. Morgan. he- wants the assistance of thr-ee l)emocratic Senators to do what he and his party cannot do." The speaker again referred to President McKlnley's attitude toward the canal routes, and declared that Nicaragua has a better friend in the grave of William Mc-Klnley than Panama has in the present head of the American-Army and adding: If there are Democrats who think that the best way-to.

defeat the Republicans Is to follow their lend. I must still remain an obstinate man of one idea and stand by that rather than, belled or driven into commercial practices in ollUc or into political gambling -with the laws, as pawns on the chessboard, to be moved back -and forth at the wilL of the player with the use of the army and nan, in unlawful war. to give spectacular effect, to the leader of a campaign for th Presidency." MFL ROOT ON LAW'S DELAYS. Secretary of War Favors Appolntmtnt rof Supreme Court Commlasionera to" Hear Reference. EUhn Root, Secretary of "War, came to New Tork rdm Washington yesterday and talked with ths CoiaWslon on "Law's Delay and three members Of the.

Judiciary Committee of the Bar Association about tha congestion- of the courts here. Mr. Root waa Chairman" of the Judiciary Committee of the Constitutional Convention. The meeUng was held at the rooms ot the commission, J70 at poon. Mr.r.Rsot expressed himself in favor of the plan of appointing a JUody 'of Supreme Cxrart Commissioners who should' hear all compulsory, and j.

interlocutory -matters now, referred by the tourta to jref-ereoa ot their own selection, also to act As trial Commissioners with or -without at with consent of tha partlea to the action, and also to pert orA the functions of. Commissioners in condemnation when appointed by the' courts. The Supreme Court Mr. Root thought, ahould be paid a regular- salary by the county, so that litigants would be no longer subjected to referee's fees. Mr.

Root also made a suggestion in regard to the appointment of Supreme Court Commissioners, -which -was that a list of suitable candidates for the -office of Supreme Court Commissioner -should be selected by a committee of five -members of the bar appointed by the Appellate Division. -Mr. Root expressed himself as in favor of the plan- of the commission to divert actions of small amounts from the Supreme Court into the city courts by amendment of the code which shall provide that in any action of which the Clt Court has Jurisdiction, if brought in. the Supreme Court, the plaintiff shall be obliged to recover VAO to entitle him to costs. The-Secretary said he was himself as strongly opposed to any increase in the Jurisdiction of municipal or city, courts, 1 TO STJI1D MODEL THEATEE.

-A- Manager 8a He'll ExJaemst latgensilty Malie.ItTireproot. --Stteiat le NraYork Timtt. PHILA DEX.P1UA, Jan. -i. WflUara J.

proprietor of the Auditorium and formerly manager of the Park will erect a newplay house to cost tOOO.000 at the northwest" cornerof Eighth and Arch BalUnger Pexrot. tha architects, say-that it will bo the safest building -of Its kind la this country, and will be as near fireproof as human Ingenuity can make it. Even the floors will be of 1n-combusttbie tnaterlaL -v The mw tneatre will Jutve exits on three streets In Addition to a court on tho entire western side of the building. -There- will be three exit on ach side of the parquet In addiUoq to' the Arch Street front. There will also be'tbree exits on each side of the balcony and oor on each side of the gallery.

There will be thirty-two exits. -The dressing room Will be In a wing separated from stage by. a fire wall and double ttn-lined doora. Over the tage will be a covering one-eighth of the area, 1 connected with -fusible links, made to open automatically In case ef fire. Throughout the entire house will's Uo be placed automatic fire aprtnklers.

rduB inLiioirs in gitts. Ramar That Latte Vllwaskee Brrer Reaaembered Chlldreat mm Christmas'. ft tint Hit Kem York Timrt. Jan, It la said that when the estate ef the late Capt Frederick Pabst ia probated It "wilt be found tfet tha brewer's property -is less than It was- two weeks ago. It- appears that on Christmas.

he summoned his four children and handed ach 11.000,000 worth of stock in his breweryv These gifts have not been made public. The estate' Js estimated at about 10.000,-000, and It Is believed large bequests ill be left to "charity. Capt. Pabst carried S1SO.00O Ufa insurance. 8UBMAR1NE BOAT FLOATED.

The Moccasin le In Good Condition and i Will Gi) to Norfolk. NORFOLK. The submarine boat Moccasin has been floated from the beach neae Currituck. N. -Cywhere she stranded, and will be towed to The Government tug Hercules, which hna been as-fUUng in the work, suffered some mishap and drifted fifteen miles in a heavy before sbo received asaiatance from an unknown steamship.

Tiro Hercules is being-towrd IB. and a Government vessel has been sent to aieet her, The Moccasin is in good condition. 411 Deer foot Farm Kanarea are rnsJe at tit IVn, in ttoMihUM-o. Uhmm. Tbelr ar-rea Is pwinff to tht chuloe matertaU aad ttie tiratiittas aad dasnlUMSS nt tha A4v.

.1 new yqrk. Tuesday, January r. ioo. -sixteen pages. SENATORS 1 QUIT WOOD committee Reports in Favor of ths General's Cbnfirmation.

eetlmony Given Inquiry Declared to Hye Been Blaeett Two Negative I Vote In Committee. 'I WASHINdTOr.r.'.Ja ti. Fora-ker, from comm tteo cn military affairs, to the secret ssslon of the Senate -day submitted re ort to favor of Brig. Gen, Wood's conflrr vatlon to be Major General." Eight of th eleven members of the have oncurred In thla re- prt The committee met day to vote on confirmation, i Senators I Proctor, For-aKer, Queries. Warre 1.

and Alger. Republicans, and Cockrell and Pettua, Democrats. Voted for a orable report- Senators. Scott. Republli and BUckburn.

Democrat, voted agali st It Senators Haw. Jey and Proctor yote by I Senator p-oraker'a 1 eport deals with all the evidence introduced In the exhaustive investigation conduct by the committee, (He quotes the cha -gee filed by Major Estea G. Rathbone ag Llnst Oen, Wood, and saya that every wltr ess before the committee was allowed testify as to any fact of which ho ml iht have krfowledge, but that with afl this atitude the witnesses had been unable to support the' charges made. In most tos(an the fact had been brought out, he deciar d. that the witnesses were holding; real fancied grievances against Gen.

Wood vaich made them biased in heir views an extent apparent to the members or the committee. fThe orders Gen. ood is-said to have issued to the courts i 1 the Rathbone case ft is argued, were oily withlrt the pro-Tlnce and duty or Ge Wood aa Governor (eneral. In the posta cases, it Is declared that the tertimony. si owed Oen, Wood, to have followed the ir structlon Issued by the Secretary of War.

Ia' rcgaru to the gii ts which Gen. "Wood accepted the Jar Ala! Company," the report saya that In the mere fact that Qen.v Wood accepted glfta from the Jal Alai Company, there 1 1 nothing to be criUn clsed," and adds that Gen. Wood's acceptance was with too ful knowledge of Secretary- Rfmt. i Reference la made the conflict cf testimony to regard to tl Kuncte article, and the word of Major Ru icie is placed agslnat that of Ray Stannar. Baker, a magaslne writer, and Ova, Wooi both of whom have declared that the art I le waa not talked of 'Unner1 Sant ago- aa reported by Major Kupcie.

ciiarge made by Major Rathbone that Gen. Wood had en unduly intimate with an ex-convict, Ci pt Bellairs, are pronounced by Senator K'orakar to be made without excuse in a- 1 pint of revenge and without II any persons high in social and army circles trusted Bellairs. it is declared, and It wa natural Gen. Wood Should do the same. Testimony of Secret; ry Root is quoted at length to refute, the cl arge that Oen.

Wood had if n( corruptly, granted what-la known-aa tlm Caateneada Charges made by A. E. -Fry'f orrher Superintendent of Schools in InteresUng -part of he report Senator lves.as a ason for, ehadlifar-eaco between Frye nd Gen? Wood that the fonnerhad employed teachers wholly iB many, cases women ho were leading; imp oper lives. 'The Hunt La go accou of itc are "covered in the general st itement that the accounts had been dec ared correct to the last dollar bythe evit ence given by Secretary Root and by acc. unting officer" 'It Is said that the targes made by Gen.

that Gen. Wod was g-uilty of Inl subordlnaUon, were roved to be without and it '1. added that Gen. JV ood was fully su. Lalned by the War Department and tha President as to all Brooke' f'rne tween him and Oen.

Of the rapid rise or Wood, Senator For-aker nays: When Gen. Wood 1 ras made a Brigadier General in the regult army by aupoint-ment of President Mei tlnley and the unanimous vote of the Sen te, he was advanced oyer many officers longer service and higher rank. But tht re was no objection, because-it was then well understood that his promotion by Pre ident McKlnlev was because, in the Judgm ant of the President, Gen. ood had rend red conspicuous and meritorious services, ind had shown abilities and- quallflcatioi that entitled him to the promotion. esp dally" in view of the service he was then 1 endering as Military Governor of Cuba." 1 Under the- head, This promotion' does not 'Jump' any oth it officer," Senator Forsker savs: There seems to an opinion widely entertained that Gen.

Wood ia now by this appointment being- J' mped over officer senior to him to rani and of longer and more important servl e. Such is not the case. Gen. Sumner a id Gen. Wood were, when this nomination was made, the ranking- Brigadier General: of the army.

Both were at the. same tine nominated to fill the two vacancies tl en occurring' to be Major Generals. Ger Sumner Ws been confirmed. Only one i-acancy in the rank of Major General rem tins, and that la the one to which Cen. Vood has been appointed, v.

7 respective records of the fifteen Brigadle Genera la will show tlJa.t.whll",-,u re an arently capable and efficient of flcera. not one of ttiem has a better claim by reaso 1 of his past record and experience as a ammander than haa Gen Wood, and la th opinion of the committee no-one has 4n view of bis present rank equal claim to on the ground of merit, measured by th considerations Senator Scjtt Is pr paring' a sUtement which will give the rei eons of the minority members of the commission' for. voting i gainst a favorable'rcport on the JOSEPH T7. FOLK'S SAIAEY. Prsectitor Whs Hhi Been Drmwlasr 1 gSMM May Be Reftneed g4K0.

SfreUl Th, Ntw York ST Jan. 4. city Counselor Charles P. Batr.t gave his oplilon to-day Jhat Clr- nui Atwnirjr owpni vr OIK was en titled to only iSalary. saying- that under the law Mr.

Hoik' was entitled to $4,000 and nd more. Inltead of 15.000 which he baa been drawing. Mr. Folk waa paid a year by the city, before November last, when the ques tion was raised. For the past two months his salary has bene held up by his own request, although 'submitted -authorities showing that, he was entitled to the greater amount and, under a liieral construction of tne statutes, 10 a great deal more.

ATTACKS CHRISTIAN SCIENCE. British Divine, at Philadelphia Meeting, Appalled at ts Growth. SprcM to Tko Htw York Timtt. PHILADELPHIA, Jbn. 4--The Rev.

Campbell Morgan of khe Nortkfleld Con- ference attacked Chris Ian Science to With. era poon Hall to-day, 1 hen he Inaugurated a three weeks- series of. meetings -under the auspices of the Pn nbyterlun- Evangelistic Committee. He aa One. of the signs tfcat there la a revolt against materialism I the remarkable growth of Christian ence in the last dec- Christian Silence ts characterised by lenorance of Christian ty and by being de-.

veld of science, But hold of multitudes of he thing has taken Ihe people. is al- roost appalling to srH the growth of the movement. As to th explanation f. Its growlh-it deal with sln'br denvins- Ha 55L of covu-se. But axistsace, which is abiurd, ot course.

But Us growth means that there Is a new passion for the spiritual. "If the Church had been to her own calling. If there had not been a tendency to rationalism by preachers during the last twenty-five years. If we had been preaching the Cross, affirming tho reality of the spiritual and the. Inferiority of the material there would be no such thins as Christian Science." FIRE "DAMAGES IOWA CAPITOL Aggembl Chamber a Mas of.

Debris, Entailing Low cf DES MOINES. to-day gutted the northwest wing of the Iowa Capitol, caualng a "loss" of tOOO.OoO. The Chamber ot the House of Representatives is a charred mass ot debris, and cannot be repaired. in time for the approaching- session of the Legislature. At one time it waa thought that the entire building waa doomed, and Gov.

Cummins ordered tha contents -of all the offices removed. It was announced to-nlht that' the convening of the Legislature -would not be postponed, but would meet one week from to-day in temporary quarters. The origin ft the fire la' unknown, and Gov. Cummins will order an investigation. The Fire Department waa hindered In fighting the flames by the height of the building, and the elevation of the CapltoL They worked only to cut off the progress of the The State Library was -hastily removed and the State offices-were The funds of the 8tate Treasurer were hastily loaded on a wagon and carried to a bank-Co v.

Cummins, clad to rubber boots and rough coat fought the fire, which finally burned Itself out. The Iowa Capitol is built along the lines of the New York Capitol at Albany. It cost U.0OO.0UO. The Bute Capitol Commission has Just completed the repair ot the building at a coat of I113.0U0. most of which had been expended In the which is ruined.

The building waa supposed to bo fire-proof, but the utw of several false ceilings furnished material foe flames. NOTED WOMAN WRITER DEAD. Mrs. Mary E.W. Latimer, Authoress, Pies at Baltimore SftHaS to Tho Nrw York Timtt.

Jon. 4 Mra. Mary Elisabeth Wormiey Latimer, the authoress, died this afternoon at her home to thla city. She was eighty-one years old, and had been' in feeble health" for some time, the shock of the death of -her husband, Brandt Latimer, on Chrlstmaa Eve hasten-. tog.

her end. Her husband waa a member, of the engineer corps which laid out the Baltimore and Ohio Railroad. 1 Mrs. Latimer's daughter and her son. Prof.

Randolph Latimer? Associate Principal of the Maryland were with her when she died Ut second eon, James Brandt Latimer, on ilif way Chicago. The funeral, will talcs place Thursday from Christ Church, and Interment will be in tho Latimer lot at Green Mount, -Mrs. daughter of the late Bear Wormiey 4f the- British Navy, was born to London, snd when sixteen years ld 'was sent to Boston to finish-her education. Her first Jitorary work waa the novel Forrest HlU," jjnblished to En-' land about Her second novel, which won her a place among the fiction writers of her day, was Amabel. In lfioa.

shortly 'before her marriage to she "published Cousin Veronica," a story of life hi which hsd a large aale on both aldea of the water. After her marriage her pen remained ldle. aave for an occasional contribution to the mugaiines. for nearly twenty years; but to she began to write short stories and biographical sketches for the magasines. which she continued until Besides the boeks already mentioned Mrs Latimer-was the author of Salvare My Wife and My WlfVs Sister." prtn-ceas Amelia," "A Chain of Errors France In the Nineteenth Century'" Ruaala and Turkey in the Nineteenth Century." "England In the Nineteenth Century." Europe In Africa to the Nineteenth Century," Italy in the Nineteenth Century," Spain in the Nineteenth Century." My Scrap Rook of the French Revolution," Judea from Cyprus to Titus.

537 B. "The Prince lncosmito. duo-llshed to 1902. and vTalk of Napoleon at Su Helena with Gen. Qoursand." liiua.

At the time she was stricken she had about half finished what waa intended to bo the last of the series" Germany to the Nineteenth" Century." Mrs. Itlmer came of distinguished ancestry. Her father's mother was the sister of Edmund Randolph, aide de rump to Gen. George Washington and the first Attorney General. Her paternat grandfather was a captain In the bodyguard of Kinar George lir.

During- the reign of King Louis PhiUlppe. she spent much time at the French. court and witnessed the return of Napoleon's body from Helena. She also saw the coronation of Queen Victoria. GEISC0H RESIGNATION EU1I0K.

Report of His Withdrawal from Iater-' Mtloaal Mereaatlle Marine Deatled. Social to Tko no York Timtt. PHILADELPHIA. Jan 4 The "rumor that Clement Grlscom had preaented, or would soon present, his resignation as President ot the International Metpantlie Marino was again circulated to-day. J.

P. Megan interest, it was said, was already conalderins Robert Bacon aa Mr. Grlacom's successor. Mr. Bacon was formerly a partner In the firm of J.

P. Morgan A and the change would be made through the Influence of Standard Oil Interests, and it is certain that thla would not be seriously opposed by Mr. Morgan. the office of the International Mercantile Marine to. this city the report was emphatically denied- While a representative ef Mr.

Gri acorn asserted that he had not resigned and thrt he had no intention of so doing. Mr. Griseom said to-nteht that the report of bis retirement was rtulci-lous; that when he was ready to retire he would let the newspapers know, and that be tad no Intention of resigning. LOAN AND TRUST CO. CASE.

Decision in Omaha Suit May Affect Mill-" Ions of Eastern Money. OMAHA. Jan. 4. A 1'Jspatch from Macon.

says that an important decision In the first of the Omaha Loan and Trust Com- pany cases waa rendered to-day by Judge Ehelton, The case decided to-day was that of R. R. Pave vs. the Gilbert School Company of Wlnsted, Conn. Mr.

Pace had paid tha Omaha Loan1 and-Trust Company a arum of money, and later bis mortgage and Sinterest notes, amounting to 1,400. turned up In the of the School Company. The action was to enjoin the collection of notes and mortgage by the School Company the ground that the money had been paid the Trust Company snd receipted for by it. ana sir. face won r.1.1 caaa.

Tha dVnfemlnnt contended that the plaintiff having willingly paid the wrong party was not eiuiiiea to re net irom uis mis- take. The loan and truat company failed three years ago, and millions of dollars of Kasternm oney are Involved In its trans ections. Its memofl waa alleged to te to 111a a iosna on farm property an-1 sell the to-Kastern flnanrters. The Win- rted rompanv had invested a portion of its 1 endowment fund in the loan and trust cum- pany'a securities. I nrntta nstmet at Vanilla I -Adv.

RECEIVER SCUM OF FRAUD Says He Owes lJ. S. Shipbuild-jng Company 1 8,000,000.,: Oiallenfes Valiiity of 20,000,000 Stock Issue and 16,000,000 Aorf tZ Chirex Mercantile 1 Trust Co, with Conspiracy. SttcioJ Tkr Now York Timtt. NEWARK.

K. Jan. 4'-Jaraes Smith. Jr. as receiver of tha United States Shipbuilding Company and the Samuel Moore at Sons Conrpa'ny; filed answer and crossbill to-day to the suit instituted by" the Mercantile Trust Company oAnVw York for thV foreclosure of a mortgage of on the property of that concern.

The receiVer challenges the validity ct the proceedings of the original Directors of. the United 8 tales. Shipbuilding Company and insists that the Issues of 1 10.000,000 preferred stock and flO.OOO.OOO or common stock were fraudulent, and Void, and that the mortgage and deed -of trust were executed by fraudulent conspiracy. In which I charged that Charles M. Schwab, his associates, and the trust company were mutually engaged.

Mr. Smith petition that Mr. Schwab snd all xf hia assocUtes to -the aliased wrecking scheme and the Mercantile Trust Company be required to appear before Judge Andrew Kirkpatrick of the United States Circuit Court, to testify and give answer to, such matters as may be pertinent to the Issues set forth. In rehearsing; the purchase of the Steel Company by Charles M. Schwab for UU0.U00 cash, on his assumption of liabilities aa to mortgagee upon that property, making the total maximum price of the plant $7,200,000.

the receiver says: In or about June. 1002. tha aai4 Charles M. S-wS ana bis uucImm raoniml tH rrmad-Mwit acheca of transr.rrlna to ibe Ehlpbulldlnr Company ua Mock of the betalabera Compaor aa esceMlve and fraudulent eooalderatioa. aa4 apoa such eondltloaa as weukl enaMe tfeeaa not ooly to control lb.

aald ShlptmUdUia Company, ut elao lo abaorb'for tbelr omW baaeflt all ut Ita roperty-aad aneta. te the Injury ot lla cred. llor and of Ita bona tida bondboldara and ato a-boldars. and thereupoa. lor tha purpose of aorocn-rliahlnc such Intent and purpoae.

tha aald Charles SI. 8-hah sod hia aaeoclatea falsely aS fraud-ulantly repreaented to tha defendant Shtptoulldtnc Company that tha said ahaeas of (tuck wars worth tha sum of Sai.ouu.uuOtaat tha aald Steel Company, had during the fiscal, year ended July si. lau. made a nvt profit araountia to t.41. 03; that lla said surplus assets, Jaly Si.

IwuU. antountrd to the' asm of whereas, in fart, tha said reprasentatkons war falsa and untrue, and war koOara to by tha aald Charles M. SVhsrab and his associate. l1 jtca being worth tH to aaeeed the sum of ia aarnlaaa of the.aaid corpora tlon during th twt-lv niooths tnded July S. 1:2, not asreedlng tho sum of tt.bo!.uu.xnl JJ1Julu; Maanv ot The receiver describes to detail how John W.

Toung proposed to the dummy Directors the plan of organization by "which $10,000,000 of the collateral anr mortgage bondsv of preferred snd $10,000,000 ot common stock were turned over for the 300.000 shares -of stock of the Bethlehem Steet Company, and continues: The pTsferred and common stock of th defend-snt Shipbuilding Company rclvd sr th aforesaid C'Usres-U. fcoharab and hi. aaaorlatea In the transfer of th afor.aa.ld kuu.OUO ahares stock of th Betblabern Cumpany raprasanfd aa amount greatly exceeding th value of th said hares of stock so tranarerrod. and cooaUtuted full payment and satisfaction for th aald share of stock, snd th said Slo.uuo.ouO of bonds which war Issued to ths aaid Charles M. ttchwab and his associates In th manner aforestld for th Suo.Ouo shares of stork, in sddltioa to th Ooo.MM preferred and common stork of th defendant company, and which ar th bonds attempted to be secured by tha mortgaga referred to, were tssuad without connlderaUoa and war Illegal, void, and ot no fore whatsoever, and the aald prstended mortgags executed to eacure th aaid hon-is liawla bacaa and waa null and void and of no affect.

The receiver further asserts tha fat the time of the execution of the mortgage or deed of trust to aecure payment thereof, the dummy Directors were not, la fact, qualified to act as Directors or to authorise the execution of the mortgage or deed of trust, because a majority of them were not bona fide holders of any of the stock of the defendant, and. therefore, the bonds, mortgage, and deed of trust are Illegal and void. Receiver Smith charges fraud and conspiracy between Mr. Schwab and his associates and the dummy Directors, whereby Mr. Schwab and his associates were ensbled to obtain absolute control of the defendant and of the Bethlehem Steel Company, with power to so manipulate these properties as to cause the defendant company to be in apparent default to the payment of interest upon Its bonds and to bvoome apparently insolvent, and to thus make it possible to acquire all th properties of the defendant corporation for a sunt much less than their tuu value and to defraud the creditors.

The answer declares that the $18,000,000 mortgage is not valid or existing- as against tu receiver to that tb defendant Shipbuilding Company has at-all times since tb execution of the mortgage retained and sull retains all the properikts referred to in th deed of- trust, and that the mortgage was not filed or recorded In conformity with the statu tea It also denies that there has been any default to the payment falling due July 1, IV upon the bonds alleged to be outstanding and secured by the deed of trust to th complainant aa truste. or In the payment alleged to have been falling due upon that day to the sinking fund created by th mortgage or deed of trust, or that such default has continued or that the principal became, or waa. or now la, due and payable. The cri bill avers that aa holder of record of of preferred and common stock. Mr Schwab Is Justly Indebted to the Shipbuilding Company, to the sum of HS.fMK'.um.

and that his associates, to whom he transferred 9- OXjo.HXJ of the stork, are Justly indebted in the sum of by virtue of 8ection 21 of the act concerning corporations. It goes on Tb assets of tb Rhipbuidlng Company ar leas tu value tuaa Its debts to tha axt.nt of at least tlO.Oun.000. Th rapllal tf aald Shlpblalding Coinpany paid In was. by reason ef th aeta of Bchsrab and tboe eontedert.d with him herein art forth, insufficient to eattefy Ita aebts and obtliraUons. hy reason wtieraof tb aald Shipbuilding- Company became and waa ta tha sall Indebtedness, and your orator.

Jamas Smith. as receiver of aald- corporation, la ntltled Is and hsa offset the asm axaiaal th aforesaid bond Iriued ta th aald Schwab and hia aaaorlatea: wherefore. sU of tb bonds attempted to seruied bv the pretended mortal referred trs held by tb aald rVharab and hl associates and their afnresaM trnf-r reea, aT.ounllng In th acgrecat hat fully paid and cannot ba enforced by the boloers thereof or by the an! New York S-tutlty and Treat Coaipoay ja'ew Tork. A to the default to interest payments of July WU, the cross bUl says: Cbsiies It. Schwab and hia s.aorlatea.' by virtue of their control of tha rtefeadant r-hlpbull Jmg Company and of tha lsthlhm Company, and acting In collusion with tha aald New Yarn- He-cut ity and Tru.t Company ana a heoraanlsatlon Commute ef the defendant fthlp-bulkitng Ccnvny raiTasenilng th aald kk-haab and Ms aaaoctaira, ami auh others as they mirbt Induce to units wttb them, eaua.d Cmfn to withhold tha declaration and pay-BM-nt of duld.nd.

on aald ahsrea of Ita capital owned by th said r.hi buiidlna Company, which had ln earned a the aald stock and which It could reasonably, lawfully, and equitably have paid to tha Shipbuilding Cun.pary to the amount of at leaat l.fkaioi. ibera-ty whhhuldlng from th hlpbulldrng Comcny funda to which It was Junlv and lawfully en title. I. ant Which, 1f paid. Would have enabled the aald defendant In pay and dl-ahm in full th Istareai uua svidt Imous as war valid CyjT Vi.i obllratl'ina.

if any. and upon alt of ita currant Indebtedness, and th said Schwab and bis easo-E i ,0 tra-lt th Uirwctor ef th bhlpbluldlng Company to bold any ar.eetlnrt la lhy, teiht tharesy be pr.r -tiled trout taking any action which could ar might taka lo supply tha Shipbuilding Company with funds. RECEIVER FOR STEEL CONCERN. Clairton Company In Trouble, put Hopes -to Get on Its Feet, PITTSBUItO. Jan.

4--A bUl to equity was fUed by tha Crucible Steel Company of America In the United States Circuit Court to-day. asking- for the appointment of a receiver for the Clairton Stee! Company. Tha matter was Immediately heard by Judge Buffing-ton. who appointed William Q. Park and the Union Trust Company ot Pittsburg as receivers to take charge of the property of the Clairton Steel Company and operate Ita plants.

-William O. Tark la the fjhainnaa of the Board of Directors of the Crucible Steal Company of America. The bill state that the company has a floating Indebtedness of about $4,300,000. Much of this floating Indebtedness is now due, and the company has not been able to obtain the money aee-essary to meet it snd carry on IU operations, but that it has assurances that if a receiver Is appointed so that th court can authorise th giving of proper security for the repayment ot the mooey advanced. It can obtain funds to enable It to continue operations and pay off Its debts.

DIETRICH SCORES A POINT. jBsssBBBBBagawBsasaaasaBi Omaha Judge Quashes Loading Indictment of Conspiracy to Bribe OMAHA. Jan. 4. At the bcginalnr o-d of the trial of United States 8eoator Charles H.

Judge Vandrventer. sustaining a demurrer by defendant's counsel, in effect quashod tha leading Indictment of conspiracy to violate the statute against On this Indictment the Government hsd prepared itself for trial and subpoenaed, a large number of witnesses. charging the Senator with profiting- by the leasing of a buildlnc to the United States Government while a member of ConrTMS, snd charging him directly with bribery to connection with the appointment of a Postmaster at Hastings, still stands against Senator Dietrich. "Senator Dietrich, waa charged with alleged conspiracy with Jacob Fisher, Postmaster at Hastings, to violate the statute against bribery, and also with direct violation of the bribery law. Gen.

Cowin. counsel for Senator Dietrich, filed a demurrer to the conspiracy Indictment, alleging that It would have the effect of placing the Senator on trial twice on the same After two hours' consideration Judge Vandrventer sustained tb demurrer. Judge Vanderenter aaid that In this ease It was attempted to charge a conspiracy under Section ot the Revised Statutes of the United States. The conspiracy enlarged la that the defendants conspired and agreed toS violate section l.T8i of the Revised Statute of the United States, -la that Dietrich, a Senator la Congrasa. agreed with Fisher to receive from th latter $1,300 for assisting 'Fisher to secure tbetf floe of Postmaater at Hasting tCatx, and that Fisher agreed to give Dietrich said sum of $1)0 for thai filnoj Section 1,781 fa term prohibits an agreement to accept -or give such a brfb, as well as the acceptance or payment are of the opinion that such an agreement between the bribetaker and the bribegiver -cannot mad the subject of a pro ecu tlon for conspiracy under Section 8,440, but must be dealt aith by separate prosecution under Section "Our view la therefore that Ud Indictment doe sot charge aa offena under Section 6.440, but does In terms charge Dietrich with the offense of agreeing to receive and Fisher with the offena of agreeing to give th bribe named, each of which la a distinct of feme under Section 1.78L It ts also our view that these two distinct offense against separate defendants cannot be embodied to one indictment.

We are therefore constrained to hold that these. dsf ends nts" must separately prosecuted urdcr th separate Indictments now pending In this court charging Dietrich as a Benator in Congress with agreeing to recelv the brlb tamed, and charging Fisher with agreeing lo give the same. The demurrer will suatained." District Attorney Summers announced that the Government was readjf to proceed with the trial of Postmaster Jaoob Planer of Hastings, on-charges similar to tho in ths Indictment against. Senator Dietrich. Judge Vandeventer announced that the trial under th indictment charging alleged unlawful leasing of a building to th Government would recelv th court's attention, and grave the District Attorney until Tuesday to prepare the case.

To the Indictment to this Senster Dietrich's counsel also demurred, and the matter was taken, under adviaement until to-morrow. SCORES SEEATOB TTTXT1TAT1' Atlaata Clra swsta Saya His Aatt-'" lgr Vlewa Ar th Rant It est Pacaalsaa, Sftciat to Tko Now York fisss. ATLANTA. Jan. a very Urge audience to-night, the Rev.

Dr. Brought on. a leading Baptist minister of Atlanta, denounced Senator Tillman's anti-negro, vlewa In th cours of his rpch Dr. Broughton aaid: I beard Senator Tillman on Friday give his lecture on th I tried- to be fair to my estimate of It- For reckless It waa a model, for sensible argument It was a mesa. HI whol talk, from start to finish, was that of th cheap politician playing upon tb prejudices of Ignorant people, 'Never one to his treatment of thla great question did be get out of th realm of th rankest paganism.

It was a great blunder to put the ballot in the hands of the negroes when they were freed. Senator Tillman's effort to fir Southern' beans, with hat for the North bcaus they forced this Iniquity on us ts unjust. I. tell you the best people of th North ar perfeotly willing- that should take the negro cut ot politics. Socially th negro la not a problem to us to this country and aever will be." TJUADLLLA BALL WAT SOLD.

Brtaara 10.000) at AaclUa Ig, rtlca Caaaartlag Llalc a reposed Lla (mta ThvrataKlaaste.au Sfonol to Tho Sow York Timet. UTICA. N. Jan, 4. Th rnadilla Valley Railway, running between Bridgwwatcr and New Berlin, a dlstanc of nineteen miles." and on cf th connecting licks of the proposed Une through Utica to tha Hudson River at Kingston, Was sold at auction to thla city to-day.

The sale wa th outcome of aa actio brought by Dr. Lewis Rutherford Morris ef Nw York, a son-in-law of Senator Clark, against tb railroad and others. Th road was bought by Wirt Howe, a lawyer, of tl William York, for This Is the first step in tha reorssnintlt.n of the rosd, which will carry aim It the building of Important connections between Utica and BMOgtwaier and New Berlin and Oneonta. where Connections are to mad -alio. Kingston via th L'lster and Daiaaax.

Aetera and elnsera must pravenc sot. throats. Th have ua4 ia a Cur y.axs. e.u. Ita.

Creattt Wew V5, t. city Kaark.lTocKlTV OLMY 0UTU.TS DEuDCBATIG POLICY National Issues His Tcpic at Dinner to McCfellan. HILL ATTACKS ROOSEVELT TeleTaina ef Greeting from QeveU2. Parker, an4 Bryan. Es-Presldent Says Extent to Which New York Meets Municipal Regponalhlk ity Will Largely Oeterrntoo the; Fata Throughout Country.

kv Democratic leaders to' th city. lute, and Nation to the number ot tSO asaembUC last night to th baaquat hail at Shrry's ta harmonis th factions to the party and to cslebratioa of VUyor JlcCiailan'a victory, to who honor, th menu'eard atatod." tha nnr was given by- th people of New W. Bourk Cockraa presided, and to his opening; address, after winarktog that th dtor did not Intend ta an Md pat th. ntlon to Picking oat a Prsaddentlal caa- -dldat. devoted himaauf cbleHy ta NattonaJ ua and to the faot that a united Doa- -Party never had beea dfatd- Mayor McCleilaa struck th aomtoatiag not of the gathering wha 1m said, to re- ars which marked th nd 1, Cockraa' th of Tils own: wauid ha preeumptuou of ma wer I to tan this demonstration of yours titirlr to mlr- mr good fortune two months ago to lead the Democratic Party victory to thla city.

It waa my ortan to th standard bearer ta th first successful skirmish, preliminary to th great bat hlch is to fought this year, and so toil beartor your cheers I feel that they ar not Intended so much for th snaa who stands befor you for th can which had th honor to represent. i Aald front the city and Stat flags'be-htod th guest table, the Stars sad Stripes on the opposite waa, sad a few red and whit carnations oa th table, the room was bndacorated. At th right of th Chaira-ia sat Mayor McClellart. and Richard Olaey. Secretary of But to President Cleveland's second Admlnlatrstioa, at at kit.

Cochran's leru Nefther Orovrr Oevsland nor Judge Alton B. Parksr-both whom bad besv expeud-ssa prwaent, David- IfHI was seated next to tha. K3rof- Among th others at His gbaai Ubl whoa political differwac to th past, ffr.f. Mr. CocVrsn.

bad bm gi-wu vbmnc and r-matlmaa wiUt rancor, wer x-Cnited 8utesfec or A-Town, charle, EsM.ori3'??,0? UIUm A. Gaston. ora li gh J. Grant, Emits Lly. fere grouped.

Next to Mr. Van Wvck waa Senator Jckll. McCarran. and next eSriile OuhJ Pr-dnt rx tbm Lem-- MESSAGE FROM JUDGE PARKER. Tumultuous and spontaneous applause greeted th reading of thla talecrsra frora-Judg Parker to4r.

Cockraa: tTT ya4 "rrsralaUows ta' Wayoe Ue-Clellaa. kaieaua th eompltaant you codu ta o-ht and also upaiTu orror- "ot tb be4 admlnlstratloa af Its vast govera sternal affaire that It baa sad. task la awt a email ana. for the city haa fceeo fort una ta lo ha.lng thla great frV fllie with asaay rwf and capabl nasi wb bavw foa4 la Umsb thatr baas int.Ulg.no and highest Bdeaor. Bat what etb- Mayors have doa tb new Mayor an aad Sosbtlesa wUl do, for bra wabllo wttaraae Intlcate that be wtll appreoat that aarra bla party ws beat eerrea tb pablla.

I re- -g-ret that ft baa prwead ta lmpracuabl far as to tear ta Unt to om ys at tb dinner ar4 orfar say eowgialnlaua to tb Mayor, and astern tboe. wb lad tb Dssaaoratk forma a vtrtory 1 Koveenber say saoaa alnraaa faUaStav-Uons. Judg Parker's preateno was nsoessary to Albany to complete a quorum of th -Stiprem Court, liuch enthusiasm was also rrovokad by tb reading of th following letter from Sir. Cleveland; I very muck ragrat that a vezattoes tniTl ipoal tie prevents ta freas atuadin tb dtenir tea-Oared by ta etusea ef Krw Tark to thatr aewty eUrtad Marer. Uon.

Oaorsa B. McOallsat. a a lorater rsaldent ef tb liy. tlU Interested ha all that pertain -to ita welfare. I would paaad to ranidpat ta aa ev-nt whlck wiu gtv oppOT-tunlty- for tb iprsto or wall, gron.nded aaticlpatioa of th del beweTrta whtea shwcld result trees ts triumph at tb Mew Tor IJemocraey.

Whll th aa trtlaai a a ts anv.maa.iit th greateat utr ef ewe smb. ere create gravs rwspooslbUltla. tb laipreaal thouabt ainnet vadd that th manaar Iw which th Ieajocrery of the city ebail saet It muelclpal respeeatUllUee will ta a large grea detarsata th tiuat to which our tellow-eountryasea, la every part a th lead, will a wtlUng to treat ta Pisiiimt tb Kattr ia be4er fields nt rov rtrm-ntal nils, Tboe far tseyoad the limit ef NVw Tork wb love the Democrat! Party eoafidwntlr rpece that the anetbed mt tk ssnnletpal Sdotia-tatratiaa will so eleea aad etflrW-ot. asd lit bleb pwrwoses a snaalfeet la all thing aa bspreae th entire country wuh th aecwrlfy and peac praoalsad by th Natiooal isi iij aaf and eoneervaltv tVooocracy. WllUnra Jennings Bryan, who la aow on th Atlantic, sent a a rron igra m.

via Cap Breton, which was received aar th clos mi tb dtoor. Greeting the Deavscrta a ass rat, lad at Sh-rry-a. Wish ytxa. a banpy New Tear and taape yoa wlU bv a brilliant Surpass. My haart la wu yoak lo sot fo-t ts Weetar aa poued Caeo.0u vote bx IWX I setters of regret wtr read also rcra Mayor Harrison of Chicago, Mayor Collins Boston.

Senators Gorman and Morgan, and Oor, Gsrvla of Rbod In Introducing Mr. Otoey, Mr. Cocaran said: I propoa (a In trod -jo now a gentlemen whoa fam for Jostle and as Juanc -champion la aa wide aa tb unlvers Itseif; a great flgar a great administration, a man who never quailed from tb perform-ervc of a duty; wbo corvreptton of -tb' blgbest offic next th Prrst-teney was not to wander around tb world. aeeVIng quarrels with weak nations, swaahtuckUng-Inatead of displaying tore and power and clmitr for a republic. "But -when sggresaion was attempted against a weak sUter of this continent.

Instead ateallag territory, be spoke a arr.rd ao powertul and so forceful that tb greatest nation In tb world paused ta Its enter- prise, and th diplomatic difficulty half a century was aetOed th aowoiwnt hia Cis-patch wa Bead SPEECH OF MR. Mr. Olney aald to part: It no secret that at the late New Tork election Vetera aligned tbemselve ehiefly Tn accordance with their view upon National questions. It follows that National politics are not only not out of place here, but ar peculiarly appropriate to th coca-aion. I avtka ao apology, bare fore, for expressing my conviction yiat th citisens of New Tork, tn taking their recent municipal election te be a matter ef National moment, judged wisely, and by their vrdlct rendered an Important service to the entire country.

Th result Is, Of course, iq-ji gratifying to all who believe a change at.