the evening star.(washington d.c.) 1907-09-17 [p ].the eve1tng otar with 8untay tforjtnc- edition....

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THE EVE1TNG oTAR WITH 8UNTAY tfORJTNC- EDITION. *-* Ofllc#, ilth StrMt uo i'ennsy'iYmip Arena*. Tie Evsning Star Newspaper Company. THECOOIiE W NOTES Prstidwii. New York Office: Tribune Buildinf. Chicago Office: fir*t NaticnaJ 3ank Building. Th* Evening Star, with the Sunday morning edl- 4km If delivered -y carriers on their own account, within the ity nt M> cenfr or month; without tb# Sunday morning edition at 44 cents per month. By mall, nostape prepaid: Pally. Sunday Included, one month. f>0 cent*. Pall;.. Sunday excepted. r>np month. 50 cents. Saturday Star. «>ue y $1 «JO. Sunday Star, one year, $1.50. Weather. Partly cloudy tonight. To¬ morrow fair. No. 17,159. WASHINGTON, D. C., TUESDAY, SEPTEMBER 17, 1907-SIXTEEN PAGES. TWO CENTS. Automobile Kiils Four at Col¬ orado Springs Today. THREE OTHERS BADLY HURT Racing Machine Ran Away on a Steep Grade. VICTIMS WERE BADLY MANGLED All Wer? Prominent Elks and Had Been Celebrating.Machine Overcrowded. COI.ORADO SPRINGS, Col.. September 17 .A powerful rr.clng automobile occupied bv seven promirn n: Klks and a chauffeur ant] luiilt to hold but three passengers, while running at a terrific rate crashed Into a telephon ¦ po'e at the bottom of t'.e Wist llurfnndo street hill here early today and was wrecked. Three of the occupants wer. k lied outright, a fourth was fatally Injurtd and died later, and the others -vere mori or loss seriously hurt. The bodies of ti e dead were mangled almost beyond rec¬ ognition. Tin dead: \V. II Ralston, a dealer in *lectrh al supplies; H. Winr.a!. John S. (Iriy, formerly of New York, and James Knglish. The injured: George Buckley, F. II. Ward and A W. Markschefiel. Machine Ran Away. The men were returning from the E.ks' cIublio..se at Mauilou in a six cylinder, for¬ ty I.ors* powt r racing machine. The car, v..tli 1'.- n.'-rr>, Jesting passengers crowded into tlie two seats and 0:1 the steps, plunged at a territic ilip down the bill. Markscheffel, who was driving. In some manner lost control of the wheel, and the powerful machine, swerving from side to side ;¦< ross the c:ir tracks, ran Into the glitter. For fully tifty feet ilit heavy ear plunged onward, the right bunt and rear wheels running in the gutter and the left wheels a loot higiier oil the eurt>. Suddenly the right front wheel struck some object and the machine, turning around, was thrown a distance of about forty-five feet down the hiil. All Skulls fractured. The car probably would have been whirled down the hill for a still greater distance but for a telephone pole which barred the Way, and It was tnis pole that probably caused the deata of two and possibly three of the victims Grey was precipitated out of the car and Jammed against the telephone pole. The entire ieft side of his face was flattened and his skull was laid open, the impact tearing the top of his head almost In two. Ralston evidently win thrown against the pole or against the board l'»tpce on the other side of the walk. His skull was fractured, as was that of Winnul, who was hurled tifty leet. BURDEN ON THE SHIPPER. I. C. Commission's Recent Ruling on Rate Issue. £(>e«'lal I)Ui>atcii to The Star. BOSTON. Mass., September 17..An in¬ terpretation of a recent ruling by the in¬ terstate commerce commission has Just been made by that body to the effect that the burden is on the shipper to establish the legality of the shipping rates quoted to I.lin by a railroad ofHcial, and that if either the shipper knowingly accepts or a railroad knowingly grants a rate lower than the publish* d one, the action is a violation of the law and subject to pen¬ alty. This interpretation lias been made plain by a letter of K. A. Moseley. secretary of tlie commission, to kl. II Walcolt. secre¬ tary of the Boston Merchants' Associa¬ tion. A short time ago Mr. Walcott, on behalf tit the association, wrote the interstate commerce commission asking an explana¬ tion t ti..-ir ruling, as it had occasioned 1 much misunderstanding among Boston shippers a* to whether they could rely upon 11.. rates quoted them by freight Ms OX billing clerks. i The Miasw«r puts it up to the shippers to see that they aie paying the right rates The decision is regarded as very Important in the movement to put a stop 1 to ruilr <ad rebating, as it makes the j-ios. ..tie:: a less difficult matter. TO DISCUSS CITY PROBLEMS. League of American Municipalities Meets at Norfolk Tomorrow. NoRKOIJv. September 17. Many dele¬ gate arrived today for the opening tomor¬ row "f u.. league of American Municipali¬ ties Among the early arrivals were a large Mtlnwn delegatn n and former Mayor * Dunne of Chicago, president of the league, »ho declared himself as much an advo¬ cate ,.f municipal ownership of public utili- < ths as ever and who dial not deny that he \ may again be a candidate for mayor of Chicago on this platform. "Municipal ownership is bound to come," he declared, "and it will not be so far dis¬ tant. either." Mayor J Barry Mahool of Baltimore is among the candidates lor president of the league. * ' LU SIT AN I AS BIG SISTER. Slauretania Starts Today on Her Builder's Trial. EII1GI.DS, Kngland. September 17..Tlie Cunard I.me steamer Mauretania, sister Ship of the Uusitania, and the largest ves¬ sel ever built on the Tyneside, left her moorings in the River Tyne this morning and sta'ted on her preliminary sea trials, which will last three days. Immerse local interest was manifested In the new liner's departure. All the avail¬ able space overlooking the Tyne. from Wallsend to the mouth of the stream, was occupied by spectators, while many thousands of people accompanied the mon¬ ster steamship down tlie river on board of excursion boats, yachts and tugs, and gave lier hearty cheers as she passed out clear «t the Tyne anil Into the North sea. The present trip of the Mauretania Is what is known as tlie "builders' trial," and will be carried out between Flamborough Head and the Aberdeenshire coast, the Mauretania anchoring each night some ^miles off the Tyne after the completion of hei dally runs. She is three feet longer than the other giant Cunarder. Dreadful Accident on a Japa¬ nese Battleship. DETAILS MOT PUBLISHED Like the Turret Accidents on Ameri¬ can Ships. WAS EITHER CHARGE OR SHELL Happened to the Ten-Inch Gun.In¬ vestigation Is Now Being Made by Officials. TOKIO, September 17..Forty of the crew wore killed and injured on board the Japa¬ nese battleship Kashima by the explosion i f a 12-inch shell within the shield after target practice near Kure at 4 p.m. on September 9. The Kashima. under com¬ mand of Capt. Koizumi, reached Ivure at C p.m.. where the wounded were placed in the hospital. The fatalities included a lieu¬ tenant. two cadets and one staff officer, the rank and name of whom is not given. The exact details regarding the effects of the explosion are lacking, but it was terrific, and the ship is badly damaged. The explosion followed an attempt to re¬ move an imexplodea shell from the gun. A majority of the bystanders were fearfully mutilated. The casualties reported as the result of the explosion are as follows: Killed: Five officers (names not given) and twenty-two men. Severely wounded: Two officers and six men. Slightly wounded: Two officers and six men. Same Old Flare-Back. The cause of the explosion is under in¬ vestigation. It occurred inside of the shield of the starboard after 10-inch gun. It is not thought the shell exploded, but powder, which evidently caught lire from the gas emitted from the breech when opened for the purpose of reloading the gun. The hull of the Kashima is not damaged. The Kashima is a ship of 16,4«>0 tons, and was built in England in 1S05. She carries four 12-inch and four 10-inch guns, the 12-inch guns in pairs and the 10-inch singly iu barbettes. Her complement is KSO men. FLOOD FOLLOWED FIRE. Burning and Drowning About a Jap¬ anese Mine. TOKIO, September 17..Thirty persons were drowned and one hundred houses were burned early this morning at the Kosakabl mine, near Kotaro. The fire started In the mining works, and while attempts were be¬ ing made to save the mine the water res¬ ervoir was broken, flooding a portion of the village. Many women and children were among the victims. mckinxey memorial trustees Meeting Held at Canton Today.Of¬ ficial Program for Dedication. CANTON, Ohio, September 17..A meeting 3f the McKlnley National Memorial trus¬ tees was held here today, attended by Vice President Fairbanks, Secretary Cortelyou. ?x-Gov. Herrick, Charles G. Dawes, Frank- In Murphy, Justice Day and Judge Henry W. Harter. The purpose of the meeting «vas to approve the program for dedication lay, September 30. The official program will not be announced In detail, however, for a few days. It was announced that arrangements had been completed whereby President Roose¬ velt. upon his arrival here September .'50 wul be taken direct from his train to the Central High Schoo'. where the'public and parochial school children are to be mass¬ ed, and sing "America and the "Star spangled Banner." The President will de¬ liver an address to the children REFORMS IN HOLLAND. iueen Opens Netherlands States General With Speech. THE HAGUE, September 17..The Neth- .rlands states general was reopened today. Jueen Wilhelmina in a speech from the hrone expressed a keen desire for the iuccess of the peace conference, the im- xirtant work of which she was following vith especial interest. Her majesty announced the early lntro- luction or bills providing for the amend- nent of the constitution, reform of the elec- ;°ral iaw. strengthening of the coast de- ense, the partial draining of Zuyder Zee vorkmrn s insurance and a system of m at nspection. HE IS FOR BRYAN. fosephus Daniels Tells Why He Is the Strongest Candidate. Mr. Josephus Daniels, editor of the Ral- >!gh News and Observer, one of the mill- ant democratic politicians of the south and lational committeeman tor North Caro- ina, passed through town today, stopping )ver for the forenoon. "Who is your choice for democratic can- liuate for President?" Mr. Daniels was isked by a Star man. "Well," he replied. "I am very much like the old fellow back in the mountains of Kentucky who cast his nrst vote for Henry Clay and has been voting for him ever iinee. I am for Bryan, and will keep on Being for him. He will be elected some time, and when he does get rti he will do the thingo that we want done. "In the meantime, while he is out, his ex¬ ample and inliuence works for good, and he is making the republicans do things they would not otherwise have done if he had not stirred them up. 1 ain for h:m for another reason, and that Is that the demo- i-iats are for him. He Is stronger in Geor¬ gia than Hoke Smith; stronger /n North Carolina than Glenn; stronger in Texas than Culberson; stronger in Virginia than Daniel and stronger in Mississippi than John Sharp Williams." Escaped With Only a Broken Ankle. CHICAGO. September 17..While speeding toward South Bend, Ind., where she was to enter St. Mary's School, Miss Constance Hyman, seventeen years old. was yesterday seized with an uncontrollable desire to Jump from the automobile in which she was riding. She was brought back to her home, 670 4Mh place, last night, and she will be kept to her bed tor several weeks with a broken ankle. LEHIGH VALLEY WRECK TRAINMEN AND PASSENGERS HURT IN TUNNEL NEAR EASTON. EASTON, Pa., September 17..A fast Lehigh Valley express train from Buffalo for New York was wrecked early today at the entrance to the tunnel under the Musconetcong mountain In New Jersey, thirteen miles east of this city, and three trainmen and several passengers were injured, one of the trainmen fatally. The seriously injured are: Herbert Godley of Easton, engineer, face and arms cut and bruised. Lester Hustead, Glendon, fireman, bad¬ ly mangled; will die. William Wieandt, Easton, baggage mas¬ ter, arm crushed; nearly bled to death. Caused by Broken Rail. All the injured passengers were taken to New York, and neither names nor ex¬ tent of their injuries are known here. One passenger's throat was cut by broken glass, and a woman sustained a dislocated shoulder. Local physicians, who were at the scene of the wreck, say they sewed up a number of wounds sustained by pas¬ sengers. The wreck was caused by a broken rail, the locomotive leaving the tracks and plunging into the side of the mountain. The Impact was terrilic and all the pas¬ sengers received a severe shaking up. The engineer stuck to his post, and the fireman received his Injuries by Jumping. MAY SIGN PROTOCOL TODAY. Central American Conference to Be Held Here in November. Members of the Ontral American diplo¬ matic corps who have been holding sessions here to arrange for a permanent peace conference to settle difficulties arising be¬ tween the various states in Central Amer¬ ica expect to sign a protocol today. This protocol will provide for a conference to be held In Washington early in November, and for the continuance of peace pending a final agreement. The protocol will name the number of delegates to be named by each country. The State Department has been informed that Senor Gallegos, the Salvadorean min¬ ister to Costa Rica, will be one of the dele¬ gates from Salvador. It is expected that all of the Central American ministers will be named as delegates, but Salvador Is the only country that has thus far taken action in naming additional representatives. The Navy Department has tendered the use of the cruiser Albany to convey Senor Gallegos from Costa Rica to Salvador. RETAIL DRUGGISTS MEET. Ninth Annual Convention Opened at Chicago Last Night. CHICAGO. SeDtember 17..The ninth an¬ nual convention of the National Association of Retail Druggists opened here last night. Corporation Counsel E. J. Brundage on be¬ half of Gov. Deneen and Mayor Busse, who were unable to attend, delivered the opening address of welcome. The address was responded to by Charles H. Huhn of Minneapolis. S. C. Yeomans. president of the Chicago Retail Druggists' Association, next welcomed the delegates and response was made bv James A. Lockie of Buffalo. Welcome addresses also were made by Wilhelm Bodemann of Chicago on behalf of the American Pharmaceutical Associa¬ tion; J. Walker Schofleld. for the National Wholesale Druggists' Association; George L Douglas for the Proprietary Association of America, and Prof. Joseoli P. Reming¬ ton. on behalf of the conference of phar¬ maceutical societies. Oldest Inhabitant Dead, Aged 106. Special Dispatch to The Star. BOSTON, Mass., September 17..Mrs. Mary McDonald, 10»> years old, the oldest inhabitant in Roxbury, died last night at the home of her granddaughter, Mrs. Mar¬ garet McDonald, 140 Girard street. Mrs. McDonald was born in the northern part of Scotland, but came to America ninety- six years ago, and had lived in Roxbury for fifty years. Mrs. McDonald came of fighting stock, her father having been a soldier in the Napoleonic wars and her brothers were soldiers in India during the Sepoy rebellion. Her husband, John Mc¬ Donald, fought in the Mexican war and was a veteran of the civil war. HOME AGAIN. NOTICE. The price of this paper at NEWSSTANDS and from NEWSBOYS is TWO CENTS. There has been no change of any kind in the price of the paper to newsboys, and readers should pay no more than the printed price. BIG MASONIC BEQUEST THOMAS PATTEN LEAVES MIL¬ LIONS FOB ORPHANAGE. PHILADELPHIA, September 17..Under the will of the late Thomas R. Patten of the Grand Lodge of Masons of Pennsyl¬ vania. who died recently, his entire estate, valued between $2,000,000 and 13,000,000, Is devised to the Grand Lodge of Penn¬ sylvania for the education and suppojrt of male orphans of master Masons. Peter Boyd, an attorney of this city, 1s made sole executor of the estate. HANDLED IT WITH TACT CHICAGO SCHOOL OFFICIAL DIS¬ POSED OF JAPANESE QUERY. CHICAGO, SeptemDer 17..The "Japanese school situation" appeared in Chicago yes¬ terday, lingered uncertainly for a few hours in the guise of an international conyj lca- tion, and then retired with a smile before the tact of President Otto C. Schneider of the board of education. Seizaburo Shimizu, Japanese consul in Chicago, received a cabled inquiry from the Japanese government at Tokio which directed that the consul make auiet inqui¬ ries concerning "the reported barring of three Japanese residents of Chicago from the public schools of the city." Mr. Shimizu ca:led on Superintendent Ccoley, explained his mission diplomatically and was accompanied by the superintendent to President Schneider's office. After a brief conference the consul took his leave, with many smiles and protestations of es¬ teem, returned to his office and Indicted a cablegram to his government. No Discrimination There. "I told them." he said later, "that the Chicago schools practice no discrimination whatever as to color. The situation is en¬ tirely clear and the matter Is now a closed incident." The three Japanese referred to, together with five other students, all over twenty- one, applied for admission to the schools at the last meeting of the school board, and were barred temporarily on the protest of several of the trustees and the suggestion that the board may have no legal right to use the school funds for the education of adults. Pending the setlement of the legal question, the matter was deferred until the next meeting of the board, September 23. Notable Cricket Match Today. NEW YORK, September 17..British- Americans and lovers of cricket generally will doubtless ilock to Uvingston, Str.ten Island, today for what promises to be the most interesting match in the English na¬ tional sport that has ever been seen in this city, it marks the beginning of an Amer¬ ican tour by the team s^ut by the Maryle- bene Club of London. FAIRBANKS ON TRUSTS THINKS CORPORATIONS NEED FEDERAL CONTROL. Special Dtupalcb to Tbe Star. ST. JOSEPH. Mick. September 17..Vice President Fairbanks indorsed the Roose- .velt policy of railroad and corporation control by the federal government in his speech at the Berrien County Republican Club's second annual dinner here last night. The Vice President also heard him¬ self cheered to the echo as the choice of Berrien county republicans for President of the United States. Referring' to what had been done to¬ ward restraining the big railroads and other corporations, Mr. Fairbanks said: "We have been concerned In the consid¬ eration of the control of the agencies engaged In the conduct of intersLate com¬ merce. AVe have dealt with them so as to destroy the evil and preserve that which is good In them, and which is es¬ sentially the wholesome development of our Interstate commerce. We have dem¬ onstrated the fact, which never should have been disputed, that those agencies which minister unto the public must be the servants and not the masters of the public." The Vice President was the principal speaker at the dinner, at whicn 1,100 members of the club were present. He touched upon general topics, ihe para¬ graph in regard to the railroads quoted being his only reference to specific issues, t . STRONGER FORT WANTED. Weakness of the Defenses of Chesa¬ peake Bay Pointed Out. Interest In the building of an island be- tweeft Cape Charles and Cape Henry, at the mouth of the Chesapeake bay. will be revived at the coming session of Congress, when an estimate approximating $2,500,000 for the erection of batteries upon it will be submitted to that body. The proposed fortification of this approach to the bay formed one of the recommendations of what is known as the Taft board, and at the latest session of Congress an effort was made to secure an appropriation for the construction of the proposed fortification and the building of the island. There were legal complications in the way, however, which operated to prevent the necessary legislation. The difficulties, however, have been obviated, and the shoals upon which it is proposed to build the island are now in complete possession of the United States government. They originally belonged to Virginia, hut as a result of the necessary negotiations have been transferred to the War Department. It is suggested that the dispatch to the Pacific coast of Admiral Evans' battleship fleet wllp have a bene¬ ficial effect in having; the Congress realize that the protection of Washington and Bal¬ timore makes it most Imperative that some attention be given to this Important point. The War Department frankly admits that the short batteries that could be utilized at present at the capes would be of ques¬ tionable value in preventing a hostile fleet gaining entrance to the Chesapeake. The construction of the island would go far toward eliminating the danger there; but until Congress acts this must be con¬ sidered one of the weakest points on the eastern seaboard. Took Luncheon With the President. OYSTER BAY, N. Y., September 17.. Gen. Luke E. Wright, retiring ambassador to Japan, and Judge Walter C. Noyes of Connecticut took luncheon with President Roosevelt today. Previous to the luncheon the President conferred with Peyton Gor¬ don, who was recer.tly promoted from pardon attorney of the Department of Jus¬ tice to be special assistant to the Attorney General; Robert P. Porter, former director of the census, and John A. Slelcher of New ^*The hum of industry about Sagamore Hill and the executive office has known lately no abatement. Every one, from the Presi¬ dent down, was working at full tilt, and Mr. Roosevelt abridged many of his pas¬ times in his efforts to finish the many speeches he Is to make on his trip. Accord¬ ing to many rumors about the executiv-i office, the President will make his future political Intentions known in one of the many speeches he is to deliver. He is said to be anxious to set at rest for good and all the Insistent third term talk. The ex¬ ecutive force worked late every n'ght, and Secretary I>oeb has gone back and fo'rtli from Sagamore Hill several times daily. Today's visitors were the first to show up in nearly two weeks. They all said their visit was purely social. Their Convention Held in State Capital Today. NO MENTION OF W. J. BRYAN Former Trenton Mayor Slated for the Governorship. PEACEFUL SESSION INDICATED Platform Adopted Recites Party Pledges for Reform.Demands Equal Taxation. TRENTON, N. J., September 17.-AS the great bulk of the delegation to the demo¬ cratic state convention, which meets today, began to arrive the political atmosphere was cleared, and it soon became apparent that Frank S. Katzenbach, jr., former mayor of Trenton, will be nominated for governor on the first ballot. Corporation Counsel James P. Nugent of Newark, who heads the Essex delegation, and who last night gave impetus to the boom of James E. Martine of Union county, today announced his withdrawal of opposition to Katzenbach. This practically settles any doubt as to result, and Essex wili join in the nomination of the Trenton man. The Platform. The following Is the text of the party plat¬ form submitted to the convention: Virtue in state government depends upon and is measured by the integrity of its servants. The reprehensible practices of state officials.retaining and applying pub¬ lic funds to their personal advantage and to the detriment of the state, persistent and chronic failure to discharge official duties, commonly called "absenteeism," occupying dual positions carrying double emoluments, but involving no increased labors, nepotism, the constant multiplications of commis¬ sions to discharge similar public functions, the extravagance ind wastefulness of the statehouse commission in the construction of public buildings, the non-feasance and gross mismanagement of the managers of state institutions.warrant unqualified con¬ demnation and de.mnd Immediate correc¬ tion. and to this end we favor and bind our¬ selves to the enactment of laws whereby: Public funds shall be paid to and dis¬ bursed by the treasury of the state. "One state and one purse." Public moneys shall be interest-bearing in all ca9es. Public officials shall give dally attention to the discharge of their duties and shall be permitted to hold but one office. Public contracts shall be inade and sup¬ plies purchased apoa competitive bidding after due advertisement. The numerous commissions now having charge of the public water supply, sewage and other matters pertaining to public health shall be abolished, and their powers and duties vested in a reorganized state board. State boards and commissions exercising kindred functions ahall be consolidated. For Equal Taxation. We reiterate the demands of the demo¬ cratic platforms for the past twenty-four years for the eaual taxation of all prop¬ erty not used for religious, charitable or educational purposes. We declare for the taxation of the tangi¬ ble property of railroad and canal com¬ panies wherever located, and the taxation of their franchises by the state, and we in¬ sist that the legislation on taxation en¬ acted since the ascendancy of the republi¬ can party in this state has been the result of democratic Initiative, but has not meas¬ ured up to its full demand. We further declare for the repeal of the law providing for the taxation of the fran¬ chises of public utilities companies upon the basis of their gro*s receipts and for the enactment of laws providing for the taxa¬ tion of such franchises according to their true value as other property is taxed. We favor the establishment of a commis¬ sion with ample powers for the proper regulation of steam and trolley railroads, electric light, gas. water, telegraph and telephone companies, and all other public utility corporations. In recognition of the constitutional doc¬ trine that all political power is inherent In the people, we favor the enactment of laws. and where necessary constitutional amendments, providing for: Senators by Popular Suffrage. The selection of United States senators by popular suffrage. The election of assemblymen by districts. The nominating of candidates for public office by direct primary vote, without the intervention of delegates or conventions. The election by the people of the principal state and county officials. In order to secure the true expression of the will of the voter we favor: Municipal elections distinct from state and national elections. The passage of stringent laws against bribery and corruption in all elections, pri¬ mary and general. The vesting of summa-y Jurisdiction in the courts to settle disputes growing out of pri¬ mary elections, with amp.e power to order recounts. The abolition of the voting mach.nes. We favor the acquisition by our state ar.d sister states of all toll bridges crossing in¬ terstate boundaries, in order that the same may be made free for Interstate traffic We favor the greatest extension of the principle of home rule in municipal govern¬ ment securing to each municipality the ab¬ solute control of all matters requiring local administration, without undue Interference by the legislature. We favor the enactment of stringent anti- m\VePfavoraUie repral of the law creating county boards of taxation. We ask the support of all citizens favoring these principles. accountants to meet. Features of Opening Session of Con¬ vention at Richmond. RICHMOND, Va. September 17..Fea¬ tures of the opening session of the Na¬ tional Association of Controllers and Ac¬ counting Officers were the addresses of welcome delivered by Gov. Swanson and Mayor McCarthy. The governor welcomed the accountants to the state of Virginia, and Mayor McCarthy presented them with the "keys of the city." Numerous states are represented and there is a delegate from San Juan, Porto Rico. He is George Cabot Ward, auditor general for Porto Rico. The association began practical business at the afternoon session, when a number of papers were read and discussed. The object of the association, as an¬ nounced by Secretary Beck of Detroit to¬ day, is 'a' clearing house for ideas relating to yublic accounts " OIL TRUST WOULD BLOCK GREAT FINE Technical Complaint Against Decision of Judge Landis. CITES ALTON IMMUNITY CASE Other Hearing Opened in New York This Morning. HEARING BEFORE JUDGE FERRIS Commodore E. C. Benedict Was the First Witness.Called at His Own Request. CHICAGO. September 17.-T!ie f29.240,000 fine imposed on the Standard Oil Company by Judge Landis In the federal court re¬ cently will be wined out of existence on a technicality if the schemes of the Standard Oil lawyers, which became known yester¬ day. are carried to fruition. The line of action which may result In the big line becoming nothing but a name revolves around the decision of Judge Lan¬ dis in the Alton Immunity case, which la set for hearing September 24. In the event that the Alton is granted the Immunity which, it has been fully es¬ tablished. was promised to the railroad through agreement with former Attorney General Moodv. the Standard Oil attor¬ neys will demand that Judge Landis' fine be set aside. The grounds for this plea will be that the Standard Oil lawyers should have been apprised of this Immunity agreement In order that they might ques¬ tion the Alton railroad witnesses properly. Question the Procedure. The Standard Oil will contend that they should have been allowed to ask these railroad clerks who gave such full evidence in regard to rates and shipments and tariffs whether their testimony had been influ¬ enced In any way by the knowledge that the road which employed them would not suffer prosecution. The lawyers claim that the procedure In the case was illegal and that it furnishes sufficient ground for setting aside the fine. Judge Landis has Jurisdiction over the case, until December L Attorney General Bonaparte will arrive in Chicago from Washington tonight and will confer with District Attorney Sims on the Alton-Standard Oil situation tomorrow. Bond for the Standard. The Standard Oil Company of Indiana in order to obtain supersedeas staying execu¬ tion on its property to satisfy the Judgment of 120,240,000 recently Imposed by Judge Landis in the United States district court must furnish bonds to the amount of K>.- 000,000. This was determined today by Judge Grosscup In the United States circuit court, much to the chagrin of the attor¬ neys on both sides. The counsel tor tha oil company had contended strenuously for a bond of not more than J1.000.000, while the attorneys for the government demanded that the bond be as high as the Judgment Imposed by Judge Landis. Judge Grosscuo ordered that two bonds must be filed and approved by the court before the supersedeas shall Issue. One bond Is to be for $4,000,000. covering the property of the company at Whiting, Ind., and the other for t2.000.000 to cover the property of the company outside of Whit¬ ing. Ind. HEARD BEFORE FERRIS. Taking of Testimony Resumed in New York. Special Dispatch to The Star. NEW YORK. September 17..Commodore E. C. Benedict was the first witness called when the adjourned hearing in the govern¬ ment's suit for the dissolution of the Standard Oil Company of New Jersey was resumed in the Federal building before Ex¬ aminer Ferris this morning. In court at the beginning of the session were most of the prominent witnesses subpoenaed by Prosecutor Frank B. Kellogg, who con¬ ducted the Harriman Investigation on be¬ half of the government. Associated with Mr. Kellogg In the present action are Charles B. Morrison of Chicago, who, as an assistant In the Attorney General's of¬ fice last year, prepared much of the In¬ diana case against the Standard Oil Com¬ pany of that state, and J. H. Graves of the Department of Justice. In the notable array of counsel appear¬ ing for the New Jersey corporation and its subsidiaries are John G. Mllburn, chief counsel, who represented E. 11. Ilarrlman when he was last opposed to Mr. Kellogg; M. F. Elliott, general counsel of the oil company; John G. Johnson of Philadelphia; John S. Miller, the noted corporation at¬ torney of Chicago; H. S. Priest, and at least a dozen other attorneys representing subsidiary corporations. Mr. Kellogg announced before ihe open¬ ing of the session that he had received from the Standard Oil officials the data and transcriptions from the books asked for at the time of the last adjournment and that the government was now ready to go on examining witnesses without further delay. Commodore Benedict Up. Mr. Benedict was called drat, at his own request. He was questioned as to his ownership of the Manhattan OH Company. The witness said that he and Anthony N. Brady owned, together, some three-quarters of the stock af the oil company, and that he sold -Ms stock October 24, 18'JH. to a "foreign c ompany." The Central Trust Company and Brown Brothers & Co. acted as agents In the transactions. Mr. Benedict never knew the name of their client, tho igh he guessed who it was. It came out In spite of objections on the part of Mr. Milburn that Brady had assured the witness that the Standard Oil Company had nothing to do with his stock sale. "Did you ever try to prevent the stand-

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THE EVE1TNG oTARWITH 8UNTAY tfORJTNC- EDITION.*-* Ofllc#, ilth StrMt uo i'ennsy'iYmip Arena*.

Tie Evsning Star Newspaper Company.THECOOIiE W NOTES Prstidwii.

New York Office: Tribune Buildinf.Chicago Office: fir*t NaticnaJ 3ank Building.Th* Evening Star, with the Sunday morning edl-

4km If delivered -y carriers on their own account,within the ity nt M> cenfr or month; without tb#Sunday morning edition at 44 cents per month.

By mall, nostape prepaid:Pally. Sunday Included, one month. f>0 cent*.Pall;.. Sunday excepted. r>np month. 50 cents.Saturday Star. «>ue y $1 «JO.Sunday Star, one year, $1.50.

Weather.

Partly cloudy tonight. To¬morrow fair.

No. 17,159. WASHINGTON, D. C., TUESDAY, SEPTEMBER 17, 1907-SIXTEEN PAGES. TWO CENTS.

Automobile Kiils Four at Col¬orado Springs Today.

THREE OTHERS BADLY HURT

Racing Machine Ran Away on a

Steep Grade.

VICTIMS WERE BADLY MANGLED

All Wer? Prominent Elks and Had

Been Celebrating.MachineOvercrowded.

COI.ORADO SPRINGS, Col.. September17 .A powerful rr.clng automobile occupiedbv seven promirn n: Klks and a chauffeurant] luiilt to hold but three passengers,while running at a terrific rate crashedInto a telephon ¦ po'e at the bottom of t'.eWist llurfnndo street hill here early todayand was wrecked. Three of the occupantswer. k lied outright, a fourth was fatallyInjurtd and died later, and the others -vere

mori or loss seriously hurt. The bodies ofti e dead were mangled almost beyond rec¬

ognition.Tin dead: \V. II Ralston, a dealer in

*lectrh al supplies; H. Winr.a!. John S.(Iriy, formerly of New York, and JamesKnglish.The injured: George Buckley, F. II.

Ward and A W. Markschefiel.Machine Ran Away.

The men were returning from the E.ks'cIublio..se at Mauilou in a six cylinder, for¬ty I.ors* powt r racing machine. The car,v..tli 1'.- n.'-rr>, Jesting passengers crowdedinto tlie two seats and 0:1 the steps,plunged at a territic ilip down the bill.Markscheffel, who was driving. In some

manner lost control of the wheel, andthe powerful machine, swerving fromside to side ;¦< ross the c:ir tracks, ran Intothe glitter. For fully tifty feet ilit heavyear plunged onward, the right bunt andrear wheels running in the gutter andthe left wheels a loot higiier oil theeurt>. Suddenly the right front wheelstruck some object and the machine,turning around, was thrown a distanceof about forty-five feet down the hiil.

All Skulls fractured.The car probably would have been

whirled down the hill for a still greaterdistance but for a telephone pole whichbarred the Way, and It was tnis polethat probably caused the deata of twoand possibly three of the victims Greywas precipitated out of the car andJammed against the telephone pole. Theentire ieft side of his face was flattenedand his skull was laid open, the impacttearing the top of his head almost In two.Ralston evidently win thrown against

the pole or against the board l'»tpce onthe other side of the walk. His skullwas fractured, as was that of Winnul,who was hurled tifty leet.

BURDEN ON THE SHIPPER.

I. C. Commission's Recent Ruling on

Rate Issue.£(>e«'lal I)Ui>atcii to The Star.BOSTON. Mass., September 17..An in¬

terpretation of a recent ruling by the in¬terstate commerce commission has Justbeen made by that body to the effect thatthe burden is on the shipper to establishthe legality of the shipping rates quotedto I.lin by a railroad ofHcial, and that ifeither the shipper knowingly accepts or arailroad knowingly grants a rate lowerthan the publish* d one, the action is a

violation of the law and subject to pen¬alty.This interpretation lias been made plain

by a letter of K. A. Moseley. secretary oftlie commission, to kl. II Walcolt. secre¬tary of the Boston Merchants' Associa¬tion.A short time ago Mr. Walcott, on behalf

tit the association, wrote the interstatecommerce commission asking an explana¬tion t ti..-ir ruling, as it had occasioned 1much misunderstanding among Bostonshippers a* to whether they could relyupon 11.. rates quoted them by freight

Ms OX billing clerks. i

The Miasw«r puts it up to the shippersto see that they aie paying the rightrates The decision is regarded as veryImportant in the movement to put a stop 1

to ruilr <ad rebating, as it makes thej-ios. ..tie:: a less difficult matter.

TO DISCUSS CITY PROBLEMS.

League of American MunicipalitiesMeets at Norfolk Tomorrow.

NoRKOIJv. September 17. Many dele¬gate arrived today for the opening tomor¬row "f u.. league of American Municipali¬ties Among the early arrivals were a largeMtlnwn delegatn n and former Mayor *

Dunne of Chicago, president of the league,»ho declared himself as much an advo¬cate ,.f municipal ownership of public utili- <ths as ever and who dial not deny that he \may again be a candidate for mayor ofChicago on this platform."Municipal ownership is bound to come,"he declared, "and it will not be so far dis¬tant. either."Mayor J Barry Mahool of Baltimore is

among the candidates lor president of theleague. *'

LUSITAN IAS BIG SISTER.

Slauretania Starts Today on HerBuilder's Trial.

EII1GI.DS, Kngland. September 17..TlieCunard I.me steamer Mauretania, sisterShip of the Uusitania, and the largest ves¬sel ever built on the Tyneside, left hermoorings in the River Tyne this morningand sta'ted on her preliminary sea trials,which will last three days.Immerse local interest was manifested

In the new liner's departure. All the avail¬able space overlooking the Tyne. fromWallsend to the mouth of the stream,was occupied by spectators, while manythousands of people accompanied the mon¬ster steamship down tlie river on board ofexcursion boats, yachts and tugs, and gavelier hearty cheers as she passed out clear«t the Tyne anil Into the North sea.The present trip of the Mauretania Is

what is known as tlie "builders' trial," andwill be carried out between FlamboroughHead and the Aberdeenshire coast, theMauretania anchoring each night some^miles off the Tyne after the completion ofhei dally runs.She is three feet longer than the other

giant Cunarder.

Dreadful Accident on a Japa¬nese Battleship.

DETAILS MOT PUBLISHED

Like the Turret Accidents on Ameri¬can Ships.

WAS EITHER CHARGE OR SHELL

Happened to the Ten-Inch Gun.In¬

vestigation Is Now Being Made

by Officials.

TOKIO, September 17..Forty of the crew

wore killed and injured on board the Japa¬nese battleship Kashima by the explosioni f a 12-inch shell within the shield after

target practice near Kure at 4 p.m. on

September 9. The Kashima. under com¬

mand of Capt. Koizumi, reached Ivure at

C p.m.. where the wounded were placed in

the hospital. The fatalities included a lieu¬

tenant. two cadets and one staff officer, therank and name of whom is not given.The exact details regarding the effects

of the explosion are lacking, but it was

terrific, and the ship is badly damaged.The explosion followed an attempt to re¬

move an imexplodea shell from the gun. A

majority of the bystanders were fearfullymutilated.The casualties reported as the result of

the explosion are as follows:Killed: Five officers (names not given)

and twenty-two men.

Severely wounded: Two officers and sixmen.

Slightly wounded: Two officers and sixmen.

Same Old Flare-Back.The cause of the explosion is under in¬

vestigation. It occurred inside of the shieldof the starboard after 10-inch gun.

It is not thought the shell exploded, butpowder, which evidently caught lire fromthe gas emitted from the breech when

opened for the purpose of reloading thegun.The hull of the Kashima is not damaged.

The Kashima is a ship of 16,4«>0 tons, andwas built in England in 1S05. She carriesfour 12-inch and four 10-inch guns, the12-inch guns in pairs and the 10-inch singlyiu barbettes. Her complement is KSO men.

FLOOD FOLLOWED FIRE.

Burning and Drowning About a Jap¬anese Mine.

TOKIO, September 17..Thirty personswere drowned and one hundred houses were

burned early this morning at the Kosakablmine, near Kotaro. The fire started In themining works, and while attempts were be¬ing made to save the mine the water res¬ervoir was broken, flooding a portion of thevillage. Many women and children were

among the victims.

mckinxey memorial trustees

Meeting Held at Canton Today.Of¬ficial Program for Dedication.

CANTON, Ohio, September 17..A meeting3f the McKlnley National Memorial trus¬tees was held here today, attended by VicePresident Fairbanks, Secretary Cortelyou.?x-Gov. Herrick, Charles G. Dawes, Frank-In Murphy, Justice Day and Judge HenryW. Harter. The purpose of the meeting«vas to approve the program for dedicationlay, September 30. The official programwill not be announced In detail, however,for a few days.It was announced that arrangements had

been completed whereby President Roose¬velt. upon his arrival here September .'50wul be taken direct from his train to theCentral High Schoo'. where the'public andparochial school children are to be mass¬

ed, and sing "America and the "Starspangled Banner." The President will de¬liver an address to the children

REFORMS IN HOLLAND.

iueen Opens Netherlands StatesGeneral With Speech.

THE HAGUE, September 17..The Neth-.rlands states general was reopened today.Jueen Wilhelmina in a speech from thehrone expressed a keen desire for theiuccess of the peace conference, the im-xirtant work of which she was followingvith especial interest.Her majesty announced the early lntro-

luction or bills providing for the amend-nent of the constitution, reform of the elec-;°ral iaw. strengthening of the coast de-ense, the partial draining of Zuyder Zeevorkmrn s insurance and a system of m atnspection.

HE IS FOR BRYAN.

fosephus Daniels Tells Why He Is theStrongest Candidate.

Mr. Josephus Daniels, editor of the Ral->!gh News and Observer, one of the mill-ant democratic politicians of the south andlational committeeman tor North Caro-ina, passed through town today, stopping)ver for the forenoon."Who is your choice for democratic can-

liuate for President?" Mr. Daniels wasisked by a Star man.

"Well," he replied. "I am very much likethe old fellow back in the mountains ofKentucky who cast his nrst vote for HenryClay and has been voting for him everiinee. I am for Bryan, and will keep onBeing for him. He will be elected sometime, and when he does get rti he will dothe thingo that we want done."In the meantime, while he is out, his ex¬

ample and inliuence works for good, and heis making the republicans do things theywould not otherwise have done if he hadnot stirred them up. 1 ain for h:m foranother reason, and that Is that the demo-i-iats are for him. He Is stronger in Geor¬gia than Hoke Smith; stronger /n NorthCarolina than Glenn; stronger in Texasthan Culberson; stronger in Virginia thanDaniel and stronger in Mississippi thanJohn Sharp Williams."

Escaped With Only a Broken Ankle.CHICAGO. September 17..While speeding

toward South Bend, Ind., where she was toenter St. Mary's School, Miss ConstanceHyman, seventeen years old. was yesterdayseized with an uncontrollable desire to Jumpfrom the automobile in which she wasriding. She was brought back to her home,670 4Mh place, last night, and she will bekept to her bed tor several weeks with abroken ankle.

LEHIGH VALLEY WRECK

TRAINMEN AND PASSENGERSHURT IN TUNNEL NEAR EASTON.

EASTON, Pa., September 17..A fastLehigh Valley express train from Buffalofor New York was wrecked early todayat the entrance to the tunnel under theMusconetcong mountain In New Jersey,thirteen miles east of this city, and threetrainmen and several passengers wereinjured, one of the trainmen fatally. Theseriously injured are:Herbert Godley of Easton, engineer,

face and arms cut and bruised.Lester Hustead, Glendon, fireman, bad¬

ly mangled; will die.William Wieandt, Easton, baggage mas¬

ter, arm crushed; nearly bled to death.Caused by Broken Rail.

All the injured passengers were takento New York, and neither names nor ex¬tent of their injuries are known here.One passenger's throat was cut by brokenglass, and a woman sustained a dislocatedshoulder. Local physicians, who were atthe scene of the wreck, say they sewed upa number of wounds sustained by pas¬sengers.The wreck was caused by a broken rail,

the locomotive leaving the tracks andplunging into the side of the mountain.The Impact was terrilic and all the pas¬sengers received a severe shaking up. Theengineer stuck to his post, and the firemanreceived his Injuries by Jumping.

MAY SIGN PROTOCOL TODAY.

Central American Conference to BeHeld Here in November.

Members of the Ontral American diplo¬matic corps who have been holding sessionshere to arrange for a permanent peaceconference to settle difficulties arising be¬tween the various states in Central Amer¬ica expect to sign a protocol today. Thisprotocol will provide for a conference tobe held In Washington early in November,and for the continuance of peace pending afinal agreement. The protocol will namethe number of delegates to be named byeach country.The State Department has been informed

that Senor Gallegos, the Salvadorean min¬ister to Costa Rica, will be one of the dele¬gates from Salvador. It is expected thatall of the Central American ministers willbe named as delegates, but Salvador Isthe only country that has thus far takenaction in naming additional representatives.The Navy Department has tendered theuse of the cruiser Albany to convey SenorGallegos from Costa Rica to Salvador.

RETAIL DRUGGISTS MEET.

Ninth Annual Convention Opened atChicago Last Night.

CHICAGO. SeDtember 17..The ninth an¬nual convention of the National Associationof Retail Druggists opened here last night.Corporation Counsel E. J. Brundage on be¬half of Gov. Deneen and Mayor Busse,who were unable to attend, delivered theopening address of welcome. The addresswas responded to by Charles H. Huhn ofMinneapolis. S. C. Yeomans. president ofthe Chicago Retail Druggists' Association,next welcomed the delegates and responsewas made bv James A. Lockie of Buffalo.Welcome addresses also were made by

Wilhelm Bodemann of Chicago on behalfof the American Pharmaceutical Associa¬tion; J. Walker Schofleld. for the NationalWholesale Druggists' Association; GeorgeL Douglas for the Proprietary Associationof America, and Prof. Joseoli P. Reming¬ton. on behalf of the conference of phar¬maceutical societies.

Oldest Inhabitant Dead, Aged 106.Special Dispatch to The Star.BOSTON, Mass., September 17..Mrs.

Mary McDonald, 10»> years old, the oldestinhabitant in Roxbury, died last night atthe home of her granddaughter, Mrs. Mar¬garet McDonald, 140 Girard street. Mrs.McDonald was born in the northern partof Scotland, but came to America ninety-six years ago, and had lived in Roxburyfor fifty years. Mrs. McDonald came offighting stock, her father having been asoldier in the Napoleonic wars and herbrothers were soldiers in India during theSepoy rebellion. Her husband, John Mc¬Donald, fought in the Mexican war andwas a veteran of the civil war.

HOME AGAIN.

NOTICE.The price of this paper at

NEWSSTANDS and fromNEWSBOYS is

TWO CENTS.There has been no change

of any kind in the price ofthe paper to newsboys, andreaders should pay no more

than the printed price.

BIG MASONIC BEQUESTTHOMAS PATTEN LEAVES MIL¬

LIONS FOB ORPHANAGE.

PHILADELPHIA, September 17..Underthe will of the late Thomas R. Patten ofthe Grand Lodge of Masons of Pennsyl¬vania. who died recently, his entire estate,valued between $2,000,000 and 13,000,000,Is devised to the Grand Lodge of Penn¬sylvania for the education and suppojrtof male orphans of master Masons. PeterBoyd, an attorney of this city, 1s madesole executor of the estate.

HANDLED IT WITH TACT

CHICAGO SCHOOL OFFICIAL DIS¬

POSED OF JAPANESE QUERY.

CHICAGO, SeptemDer 17..The "Japaneseschool situation" appeared in Chicago yes¬terday, lingered uncertainly for a few hoursin the guise of an international conyj lca-tion, and then retired with a smile beforethe tact of President Otto C. Schneider ofthe board of education.Seizaburo Shimizu, Japanese consul in

Chicago, received a cabled inquiry fromthe Japanese government at Tokio whichdirected that the consul make auiet inqui¬ries concerning "the reported barring ofthree Japanese residents of Chicago fromthe public schools of the city."Mr. Shimizu ca:led on Superintendent

Ccoley, explained his mission diplomaticallyand was accompanied by the superintendentto President Schneider's office. After a

brief conference the consul took his leave,with many smiles and protestations of es¬teem, returned to his office and Indicted a

cablegram to his government.No Discrimination There.

"I told them." he said later, "that theChicago schools practice no discriminationwhatever as to color. The situation is en¬

tirely clear and the matter Is now a closedincident."The three Japanese referred to, together

with five other students, all over twenty-one, applied for admission to the schools atthe last meeting of the school board, andwere barred temporarily on the protest ofseveral of the trustees and the suggestionthat the board may have no legal right touse the school funds for the education ofadults. Pending the setlement of the legalquestion, the matter was deferred until thenext meeting of the board, September 23.

Notable Cricket Match Today.NEW YORK, September 17..British-

Americans and lovers of cricket generallywill doubtless ilock to Uvingston, Str.tenIsland, today for what promises to be themost interesting match in the English na¬tional sport that has ever been seen in thiscity, it marks the beginning of an Amer¬ican tour by the team s^ut by the Maryle-bene Club of London.

FAIRBANKS ON TRUSTSTHINKS CORPORATIONS NEED

FEDERAL CONTROL.

Special Dtupalcb to Tbe Star.ST. JOSEPH. Mick. September 17..Vice

President Fairbanks indorsed the Roose-.velt policy of railroad and corporationcontrol by the federal government in hisspeech at the Berrien County RepublicanClub's second annual dinner here lastnight. The Vice President also heard him¬self cheered to the echo as the choice ofBerrien county republicans for Presidentof the United States.

Referring' to what had been done to¬ward restraining the big railroads andother corporations, Mr. Fairbanks said:"We have been concerned In the consid¬eration of the control of the agenciesengaged In the conduct of intersLate com¬merce. AVe have dealt with them so asto destroy the evil and preserve thatwhich is good In them, and which is es¬sentially the wholesome development ofour Interstate commerce. We have dem¬onstrated the fact, which never shouldhave been disputed, that those agencieswhich minister unto the public must bethe servants and not the masters ofthe public."The Vice President was the principal

speaker at the dinner, at whicn 1,100members of the club were present. Hetouched upon general topics, ihe para¬graph in regard to the railroads quotedbeing his only reference to specific issues,

t .

STRONGER FORT WANTED.

Weakness of the Defenses of Chesa¬peake Bay Pointed Out.

Interest In the building of an island be-tweeft Cape Charles and Cape Henry, atthe mouth of the Chesapeake bay. will berevived at the coming session of Congress,when an estimate approximating $2,500,000for the erection of batteries upon it willbe submitted to that body. The proposedfortification of this approach to the bayformed one of the recommendations of whatis known as the Taft board, and at thelatest session of Congress an effort wasmade to secure an appropriation for theconstruction of the proposed fortificationand the building of the island. There werelegal complications in the way, however,which operated to prevent the necessarylegislation. The difficulties, however, havebeen obviated, and the shoals upon whichit is proposed to build the island are nowin complete possession of the United Statesgovernment. They originally belonged toVirginia, hut as a result of the necessarynegotiations have been transferred to theWar Department. It is suggested that thedispatch to the Pacific coast of AdmiralEvans' battleship fleet wllp have a bene¬ficial effect in having; the Congress realizethat the protection of Washington and Bal¬timore makes it most Imperative that someattention be given to this Important point.The War Department frankly admits that

the short batteries that could be utilizedat present at the capes would be of ques¬tionable value in preventing a hostile fleetgaining entrance to the Chesapeake.The construction of the island would go

far toward eliminating the danger there;but until Congress acts this must be con¬sidered one of the weakest points on theeastern seaboard.

Took Luncheon With the President.OYSTER BAY, N. Y., September 17..

Gen. Luke E. Wright, retiring ambassadorto Japan, and Judge Walter C. Noyes ofConnecticut took luncheon with PresidentRoosevelt today. Previous to the luncheonthe President conferred with Peyton Gor¬don, who was recer.tly promoted frompardon attorney of the Department of Jus¬tice to be special assistant to the AttorneyGeneral; Robert P. Porter, former directorof the census, and John A. Slelcher of New

^*The hum of industry about Sagamore Hilland the executive office has known latelyno abatement. Every one, from the Presi¬dent down, was working at full tilt, andMr. Roosevelt abridged many of his pas¬times in his efforts to finish the manyspeeches he Is to make on his trip. Accord¬ing to many rumors about the executiv-ioffice, the President will make his futurepolitical Intentions known in one of themany speeches he is to deliver. He is saidto be anxious to set at rest for good andall the Insistent third term talk. The ex¬ecutive force worked late every n'ght, andSecretary I>oeb has gone back and fo'rtlifrom Sagamore Hill several times daily.Today's visitors were the first to show upin nearly two weeks. They all said theirvisit was purely social.

Their Convention Held in State

Capital Today.

NO MENTION OF W. J. BRYAN

Former Trenton Mayor Slated for the

Governorship.

PEACEFUL SESSION INDICATED

Platform Adopted Recites PartyPledges for Reform.Demands

Equal Taxation.

TRENTON, N. J., September 17.-AS thegreat bulk of the delegation to the demo¬cratic state convention, which meets today,began to arrive the political atmospherewas cleared, and it soon became apparentthat Frank S. Katzenbach, jr., formermayor of Trenton, will be nominated forgovernor on the first ballot.Corporation Counsel James P. Nugent of

Newark, who heads the Essex delegation,and who last night gave impetus to theboom of James E. Martine of Unioncounty, today announced his withdrawal ofopposition to Katzenbach. This practicallysettles any doubt as to result, and Essexwili join in the nomination of the Trentonman.

The Platform.The following Is the text of the party plat¬

form submitted to the convention:Virtue in state government depends upon

and is measured by the integrity of itsservants. The reprehensible practices ofstate officials.retaining and applying pub¬lic funds to their personal advantage and tothe detriment of the state, persistent andchronic failure to discharge official duties,commonly called "absenteeism," occupyingdual positions carrying double emoluments,but involving no increased labors, nepotism,the constant multiplications of commis¬sions to discharge similar public functions,the extravagance ind wastefulness of thestatehouse commission in the constructionof public buildings, the non-feasance andgross mismanagement of the managers ofstate institutions.warrant unqualified con¬demnation and de.mnd Immediate correc¬tion. and to this end we favor and bind our¬selves to the enactment of laws whereby:Public funds shall be paid to and dis¬

bursed by the treasury of the state. "Onestate and one purse."Public moneys shall be interest-bearing in

all ca9es.Public officials shall give dally attention

to the discharge of their duties and shallbe permitted to hold but one office.Public contracts shall be inade and sup¬

plies purchased apoa competitive biddingafter due advertisement.The numerous commissions now having

charge of the public water supply, sewageand other matters pertaining to publichealth shall be abolished, and their powersand duties vested in a reorganized stateboard.State boards and commissions exercising

kindred functions ahall be consolidated.For Equal Taxation.

We reiterate the demands of the demo¬cratic platforms for the past twenty-fouryears for the eaual taxation of all prop¬erty not used for religious, charitable or

educational purposes.

We declare for the taxation of the tangi¬ble property of railroad and canal com¬

panies wherever located, and the taxation oftheir franchises by the state, and we in¬sist that the legislation on taxation en¬

acted since the ascendancy of the republi¬can party in this state has been the resultof democratic Initiative, but has not meas¬

ured up to its full demand.We further declare for the repeal of the

law providing for the taxation of the fran¬chises of public utilities companies uponthe basis of their gro*s receipts and for theenactment of laws providing for the taxa¬tion of such franchises according to theirtrue value as other property is taxed.We favor the establishment of a commis¬

sion with ample powers for the properregulation of steam and trolley railroads,electric light, gas. water, telegraph andtelephone companies, and all other publicutility corporations.In recognition of the constitutional doc¬

trine that all political power is inherentIn the people, we favor the enactment oflaws. and where necessary constitutionalamendments, providing for:

Senators by Popular Suffrage.The selection of United States senators

by popular suffrage.The election of assemblymen by districts.The nominating of candidates for public

office by direct primary vote, without theintervention of delegates or conventions.The election by the people of the principal

state and county officials.In order to secure the true expression of

the will of the voter we favor:Municipal elections distinct from state and

national elections.The passage of stringent laws against

bribery and corruption in all elections, pri¬mary and general.The vesting of summa-y Jurisdiction in the

courts to settle disputes growing out of pri¬mary elections, with amp.e power to orderrecounts.The abolition of the voting mach.nes.We favor the acquisition by our state ar.d

sister states of all toll bridges crossing in¬terstate boundaries, in order that the samemay be made free for Interstate trafficWe favor the greatest extension of the

principle of home rule in municipal govern¬ment securing to each municipality the ab¬solute control of all matters requiring localadministration, without undue Interferenceby the legislature.We favor the enactment of stringent anti-

m\VePfavoraUie repral of the law creatingcounty boards of taxation.We ask the support of all citizens favoring

these principles.

accountants to meet.

Features of Opening Session of Con¬vention at Richmond.

RICHMOND, Va. September 17..Fea¬tures of the opening session of the Na¬tional Association of Controllers and Ac¬counting Officers were the addresses ofwelcome delivered by Gov. Swanson andMayor McCarthy. The governor welcomedthe accountants to the state of Virginia,and Mayor McCarthy presented them withthe "keys of the city."Numerous states are represented and

there is a delegate from San Juan, PortoRico. He is George Cabot Ward, auditorgeneral for Porto Rico. The associationbegan practical business at the afternoonsession, when a number of papers wereread and discussed.The object of the association, as an¬

nounced by Secretary Beck of Detroit to¬day, is 'a' clearing house for ideas relatingto yublic accounts "

OIL TRUST WOULDBLOCK GREAT FINE

Technical Complaint AgainstDecision of Judge Landis.

CITES ALTON IMMUNITY CASE

Other Hearing Opened in New YorkThis Morning.

HEARING BEFORE JUDGE FERRIS

Commodore E. C. Benedict Was the

First Witness.Called at His

Own Request.

CHICAGO. September 17.-T!ie f29.240,000fine imposed on the Standard Oil Companyby Judge Landis In the federal court re¬cently will be wined out of existence on a

technicality if the schemes of the StandardOil lawyers, which became known yester¬day. are carried to fruition.The line of action which may result In

the big line becoming nothing but a namerevolves around the decision of Judge Lan¬dis in the Alton Immunity case, which laset for hearing September 24.In the event that the Alton is granted

the Immunity which, it has been fully es¬

tablished. was promised to the railroadthrough agreement with former AttorneyGeneral Moodv. the Standard Oil attor¬neys will demand that Judge Landis' finebe set aside. The grounds for this plea willbe that the Standard Oil lawyers shouldhave been apprised of this Immunityagreement In order that they might ques¬tion the Alton railroad witnesses properly.

Question the Procedure.The Standard Oil will contend that they

should have been allowed to ask theserailroad clerks who gave such full evidencein regard to rates and shipments and tariffswhether their testimony had been influ¬enced In any way by the knowledge thatthe road which employed them would notsuffer prosecution.The lawyers claim that the procedure In

the case was illegal and that it furnishessufficient ground for setting aside the fine.Judge Landis has Jurisdiction over the

case, until December LAttorney General Bonaparte will arrive

in Chicago from Washington tonight andwill confer with District Attorney Sims onthe Alton-Standard Oil situation tomorrow.

Bond for the Standard.The Standard Oil Company of Indiana in

order to obtain supersedeas staying execu¬tion on its property to satisfy the Judgmentof 120,240,000 recently Imposed by JudgeLandis in the United States district courtmust furnish bonds to the amount of K>.-000,000. This was determined today byJudge Grosscup In the United States circuitcourt, much to the chagrin of the attor¬neys on both sides. The counsel tor tha oilcompany had contended strenuously for abond of not more than J1.000.000, while theattorneys for the government demandedthat the bond be as high as the JudgmentImposed by Judge Landis.Judge Grosscuo ordered that two bonds

must be filed and approved by the courtbefore the supersedeas shall Issue. Onebond Is to be for $4,000,000. covering theproperty of the company at Whiting, Ind.,and the other for t2.000.000 to cover theproperty of the company outside of Whit¬ing. Ind.

HEARD BEFORE FERRIS.

Taking of Testimony Resumed inNew York.

Special Dispatch to The Star.NEW YORK. September 17..Commodore

E. C. Benedict was the first witness calledwhen the adjourned hearing in the govern¬ment's suit for the dissolution of theStandard Oil Company of New Jersey was

resumed in the Federal building before Ex¬aminer Ferris this morning. In court atthe beginning of the session were most ofthe prominent witnesses subpoenaed byProsecutor Frank B. Kellogg, who con¬

ducted the Harriman Investigation on be¬half of the government. Associated withMr. Kellogg In the present action are

Charles B. Morrison of Chicago, who, as an

assistant In the Attorney General's of¬fice last year, prepared much of the In¬diana case against the Standard Oil Com¬pany of that state, and J. H. Graves of theDepartment of Justice.In the notable array of counsel appear¬

ing for the New Jersey corporation and itssubsidiaries are John G. Mllburn, chiefcounsel, who represented E. 11. Ilarrlmanwhen he was last opposed to Mr. Kellogg;M. F. Elliott, general counsel of the oilcompany; John G. Johnson of Philadelphia;John S. Miller, the noted corporation at¬torney of Chicago; H. S. Priest, and atleast a dozen other attorneys representingsubsidiary corporations.Mr. Kellogg announced before ihe open¬

ing of the session that he had receivedfrom the Standard Oil officials the dataand transcriptions from the books askedfor at the time of the last adjournmentand that the government was now readyto go on examining witnesses withoutfurther delay.

Commodore Benedict Up.Mr. Benedict was called drat, at his

own request. He was questioned as tohis ownership of the Manhattan OHCompany. The witness said that he andAnthony N. Brady owned, together, some

three-quarters of the stock af the oilcompany, and that he sold -Ms stockOctober 24, 18'JH. to a "foreign c ompany."The Central Trust Company and BrownBrothers & Co. acted as agents In thetransactions. Mr. Benedict never knewthe name of their client, tho igh heguessed who it was.It came out In spite of objections on

the part of Mr. Milburn that Brady hadassured the witness that the StandardOil Company had nothing to do with hisstock sale."Did you ever try to prevent the stand-