TITE MORNING OREGONIAN. SATURDAY, JULY 28, 1906.
DOWIE TRUSTEE
FOR IN PEOPLE
Judge Landis Declares Prop
erty Belongs to Them
Alone.
VOLIVA'S DEEDS ILLEGAL
Prophet's Claim to Ownership In
consistent With Admission of
Trust Grainger Severely
Denounced.
CHICAGO. July 27. Neither John Alex
ander Dowlo, founder, nor Wilbur Glenn
Voliva, present general overseer, is given
the property, estimated to be worth from
S12.OU0.O01 to S21.000.000, in the decision
handed down today by Judge K. M. Lan
dis, of the United States Circuit Court, in
the Zion City case. Instead Judge Landis
declared Zion City a trust estate, named
John G. Hately. member of the Chicago
Board of Trade, as receiver for the prop
erty, and ordered the holding of an elec
tion September 18, when the people of
the Christian Catholic Apostolic Church
In Zion City shall choose their overseer.
Judge Landis will decide later what com
pensation Dowle will be allowed for his
past services.
Effect of Decision.
The nub of the court's decision is in
the ruling that contributions of property
and money given Dowle were in trust.
Judge Landis declared the conveyance of
the Zion City property by Voliva under
power of attorney to John Alexander
Grainger to be void. Judge Landis quoted
from wrttings of Dowle to show that the
latter had always regarded the property
of his church as a trust. The adjudication
In the bankruptcy proceedings was also
set aside, so that pending ' litigation
against Dowle may automatically be re
strained until the entire litigation is
endey. 4
Mr. Hately's bond of $25,000 was ap
proved late In the afternoon by the court
and he went immediately to Zion City
and assumed charge of the property.
In the decision which straightened out
the apparently hopeless tangle of the af
fairs of Zion City, Judge Landis said in
part:
Dowies Founding of Zion.
. It appears that Dowle. a native of Scot
land, where he had received a theological
education, came from Australia to the Pa
cific Coast In 1888. and remained there a
number of years, engag-ed In church work;
from there he came to Chicago, and in 1809
undertook the Zion City enterprise In execu
tion of a scheme concelvted by him many
years before; that he purchased a vast tract
of land, a part of which was subdivided and
laid out In park and residence property, pro
vision being made for manufacturing sites,
that the grantees of building lots erected
houses, accommodating 6000 or 8000 people;
that Dowle constructed schoolaouses and
college building at a cost of several hundred
thousand dollars, and a tabernacle seating
7000 people, and that a lace factory, soap
works and other Industrial enterprises were
VatabllKhed to give employment to the in
habitants of Zion City, who were practi
cally all members of the church.
The financing of this scheme was accom
plished, in part, by moneys received frorn
purchasers of lots under 1100-year leases,
but a large part of the capital was money
contributed to Dowle by persons outside of
Zion City.
Howie's View of Ills Obligation,
Dowle's testimony respecting the origin
of the property and his relation to it Is
then quoted as follows:
. I acquired this property by the generosity
of good people throughout the world; I have
looked upon the estate as the result largely
of my own good sense under God; the money
came In the form of contributions from the
same common source the people all over
the world mostly outside of Zion City I
believe, the property to be completely mine
to do with as I please, and that no human
being has any claim or Interest In It. I con
sider It, however, that the way I got the
property and the way in which I have It
binds me absolutely, whea I have ceased to
control It, to put It In trust In perpetuity for
the Christian Cfttholio Apostolic Church, so
that It shall go down to generations to do
good In that line, with the exception of zft
per cent, which I think is fair for myself
and my family. I did think 5 per cent,
but X have reduced It to SH, and am some
what inclined to reduce It still more.
Voliva Acted Illegally.
After calling attention to the fact that
Inasmuch as Voliva's conveyances to
Granger were in plain violation of the
spirit and Intent of Dowle's power of at
torney to Voliva, which the court holds
both Voliva and Granger well knew, the
court said: "As between Dowie, Voliva
and Granger these instruments were mere
waste of paper."
The court then traced Dowle's church
rareer, beginning In Australia, down to
Ms work In Zion City, and found that
Dowle had for many years been in receipt
of a large revenue, which he devoted to
church and charity purposes; that the
amounts received by him aggregated in
some years $250,000; that Dowle had not
sought to amass a private fortune; but
that he engaged In secular occupation in
aid of the propagation of his religious doc
trine, as Dowle expressed it: "For God
and Humanity." The court then says:
Gifts to Dowie Were in Trust.
It Is a well recognised principle of equity
that where a person accepts money or prop
erty to be used by htm for the benefit of
some other person or persons, or for the ad
vancement of some lawful enterprise, such
money or property constitutes a trust estate.
The Inquiry then is. did these offerings come
to Dowle for hts private purposes or did the
contributors Intend that the funds should be
devoted to charitable or religious purposes.
If tor any other purpose then the purely per
sonal benefit of Dowie, the estate Is a trust.
It Is the duty of the court to get at the sub
stance of the thing. It he who receives the
money Is In a position of Influence over him
who gives the money, as, for Instance, If the
person receiving the money Is the advocate
of a religious faith and by word and atti
tude and environment Induces a conviction
In the minds of large numbers of people
that, as an Instrumentality of divine author
ltv. he can and does relieve physical ills
and fs clothed with power to exert an in'
fluence upon the spiritual welfare of men
and women who thereupon give him of their
lands and goods, surely the motive of such
gift ought not long to remain a matter of
doubt In the minds of rational men. It Is
Just as If the contributor la a church te
had placed the funds on the collection plate
passed to him by a deacon. Surely, in such
cases, the court would not decree that the
parson might put the money In his pocket on
the alleged score of no agreement to the
contrary, merely because the .contributor
had failed to arise In his place and obtain
a pledge of trusteeship from the pulpit.
Dowle's Conflicting Claims.
It would be difficult to conceive of any
thing more inherently inconsistent than
Dowle's claim of private ownership and his
admission of trust obligation for the spiritual
welfare of generations unborn. He says It Is
his own property, and yet he considers that
because of the way he s;ot It, he is absolutely
bound to turn It over to bis successor la per
petuity, for the church. Now, If he Is to
have a successor, that necessarily Implies
his own representative capacity, for the In
dividual man can have no successor. And If
he Is to pass It on to his successor, how can
he he at liberty to dispose of It otherwise In
his lifetime?
If. during his lifetime, he came to divide 1
up among his followers, or part with it to
some other use as he may. If it were his pri
vate fortune, his admitted obligation to fu
ture generations would, by his own act, be
thus made impossible of fulfillment. Ob
viously, the theory advanced In his behalf is
not sound.
His Will Admits Trusteeship.
After quoting from Dowle's official
publication, -waves 01 neaiing," 10
show that for six or seven years
Dowie had declared in the church and
through the paper that he was a trus
tee of the estate, 95 per cent of which,
he asserted, belonged to "Zion as a
whole," the court quotes a codicil to
Dowle's will executed In August, 1905,
as follows:
The remaining nineteen-twentieths of said
estate In my name, which I hold and have
held in trust, In said church, I do hereby
give, device and bequeath to my said suc
cessor la office, to him or her and his or her
-succeesors in office, to be administered for
said church and the extension of Zion and
the Kingdom of God, in conformity with the
rule and practices of said church.
Of this codicil the court says: "There
Is no escape from the plain meaning
of these words, the declaration is un
qualified and is a complete recognition
of an existing trust obligation. No
specious construction could matte any-
r4 - . -
John Alexander Dowie.
thing: else out of It, and for the court
to enter a decree of private owner
ship would be to perpetuate a fraud."
Grainger's Disloyal Oath.
As to who should be receiver, the de
cision says:
It is strongly insisted by VoMva and his as
sociates that the defendant Grainger be con
tinued In charge. This appointment, it la
asserted, le an absolute necessity. I do not
concur In this proposition. Waiving all ques
tion as to Grainger's unfitness from the stand
point of his ability, some time ago he took
a vow from which I quote the following:
T vow In the name of God, my father, and
of Jesus Christ, his son and my saviour, and
the holy ghost, that 1 recognize John Alex
ander Dowie. general overseer In his three
fold prophetic office as a messenger of the
covenant, the prophet foretold by Moses and
E 1 ij ah th e restorer ; and I promise to obey
all rightful orders issued by hlra, and that
all family ties and obligations and all re
lations to ail human lives shall be held sub?
ordinate to this vow. This I make in the
presence of God.",
The court says 0 this vow:
No Confidence in Such Man.
It is not my duty to express my contempt
for the man that could exact or take this
oath. But I am not obliged to repose my
confidence In a man so constituted that, living
In this Republic, he would serenely vow his
readiness at all times to abandon his family
and betray his country. I will not appoint
Alexander Grainger.
And. In this connection, while I make no
pretense to technical learning In respect to
what Is Kood policy for this church orxarrl-
satlon, I suggest that whoever ultimately
prevails In the ecclesiastical controversy give
prompt and serious consideration to the ques
tion whether or not such an oath tends to give
respectability to the church, and whether the
church may Justly expect a court of the
United States to long continue to foster a
trust estate for the use of a religious organi
sation whose conscience and intelligence does
not cause an unconditional disavowal and
abandonment of this obligation of disloyalty.
Election, of Overseer Ordered.
The court ordered an election to be
held on the third Tuesday of Septem
ber of a general overseer under the
election laws of Illinois, at which all
male and female members of the church
now residing at Zion City and who have
continuously resided there since January
1, 1906, shall be entitled to one vote; the
judges of election to be named by the
County Court of Cook county; the names
of persons to be voted for to be certified
to the United States District Court within
ten days. If no more than one name
shall be considered, the court will in
dealing with the trust estate, recognise
such person as the legally chosen gen
eral overseer of the church. If more than
Wilbur Glenn Voliva.
one name Is certified, such persons shall
have the use of the tabernacle at Zion
City alternately up to the time of elec
tion. During such time tne publication
known as Leaves of Healing will be sus
pended, but the court orders a special
edition to be gotten out at once, con
taining the decision of the court in full.
and directs that a copy of the publication
he sent to all persons to whom Leaves
of Hnllng has been forwarded or deliv
ered Since March 3L 1906.
Will Provide for Dowie.
The court said that. Inasmuch as the
value of the estate far exceeds the actual
amount of contributions and offerings, it
would make a suitable provision for
Dowie for his services as trustee,' the
amount to be determined later.
Dowie was not in court, his illness con-
fining him to his hotel. A number of
members of the church who still cling to
him were present.
Voliva Content, Dowle Silent.
Wilbur Glenn Voliva and his faction
were numerously represented. Mr. Voliva
refused to discuss the decision, but the
comment among spectators In the court
Indicated satisfaction at the outcome.
With hardly any dissent, the opinion was
expressed that Judge Landis had found a
"horse-sense" -solution of the problem
which would work for the interests of the
great majority 01 members in the Dowle
Church.
Dowie himself said that. Inasmuch as
he had not had an opportunity to read the
whole decision, he would not at this time
express an opinion. It was too serious a
matter for the church to reach a conclu
sion without deliberation, and he would
not be hasty. He refused to answer a
question as to whether he would take an
appeal, saying that he desired first to
consult his counsel.
"We want peace," he said, "but not with
dishonor. I prefer that all statements
should come from my counsel."
Mr. Root was given a banquet this even
ing by 30 of the most prominent men of
all parties and litterateurs. After the din
ner Mr. Root attended a reception at the
President's palace, which was a brilliant
affair.
WANTS GOD TO NAME OVERSEER
Deacon Lewis Says Election Will De
stroy Whole Church.
ZION CITY, III., July 27. Deacon John
A. Lewis, recognized as the spokesman
of Dr. Dowle, and who was chosen by
him to manage the Paradise Plantation of
Mexico, the rock over which it Is alleged
the Dowle and Voliva partisans split,
had the following to say of the decision:
"If the decree of Judge Landis stands,
the Christian Catholic Apostolic Church
of Zion ds uprooted. The church is
founded on the theory of a theocracy,
and how can an election under the laws
of Cook County, Illinois, "proclaim who
shall be the leader of the hosts. I main
tain that God Almighty alone can desig
nate who shall be the nre?t apostle. I
firmly believe that the Lord has desig
nated John Alexander Dowie to lead the
hosts to the paths of light. Therefore
when a special election Is called the whole
fabric of the church is destroyed. If God
designates the leader, how can man
choose him?
"As far as property rights are con
cerned, they matter little to us; the great
question Is that of spiritual control; upon
that the very foundation of the church
depends. I am sure Dr. Dowie will never
be satisfied with the decision as ren
dered." PORTE FORESEES TROUBLE
AMERICAN AMBASSADOR NOT
WANTED IN TURKEY.
Six Representatives of That Rank
From Europe Keep Him
Busy With Complaints.
CONSTANTINOPLE, July 27. (Special.)
John G. Leishman, Ambassador to Tur
key, is expected to arrive here soon, pre
pared to present his credentials as Amer
ican Ambassador. Turkish authorities
say they will not accept them.
The situation, from the standpoint of
the Diplomatic Corps, Is an extremely In
teresting one. The Turks say they have
quite enough trouble with six Ambassa
dors, and do not want a seventh. If Mr.
Leishman Is accorded the status of an
Ambassador, he will have the right to
Insist upon audiences with the Sultan and
the Porte, and to keep a gunboat In the
Bospnorus.
It is doubtful if the present Ambassa
dors to Turkey are anxious to have an
American colleague of equal rank, since
he-could secure a larger portion of the
time and attention of the authorities than
a Minister is able to obtain, and so would
Interfere with the privileges they now
enjoy.
Dr. Leishman, according to reports
which precede his arrival, will demand
recognition of his new rank, and then
press the government to give American
schools, missions and other interests in
Turkey considerations which have hither
to been provokingly withheld. The dan
ger of an American Ambassador to the
European concert arises mainly from the
fact that his acts do not require to be
regulated by all sorts of questions, but
are quite unrestricted.
BUILD THREE DREAD NAUGHTS
More Big Ships, Fewer Small Ones
for British Navy.
LONDON, July 27. The agitation
against excessive reduction of the naval
construction programme has proved suc
cessful, and Edmund Robertson, Parlia
mentary Secretary of the Admiralty, an
nounced In the House of Commons today
that only one battleship of the Dread
naught class would be deleted from the
original programme, although savings to
talling J12.500.000 would be effected by re
ducing the turnout of a number of smaller
vesels. Mr. Robertson said that only
three new Dreadnaughts would be laid
down, instead of four, as originally pro
posed. Two ocean-going torpedo-boat de
stroyers would be built, lntead of five, and
eight submarine boats. Instead of 12, while
12; coastal torpedo-boat destroyers would
be constructed as originally proposed. The
total of the expenditure by the new pro
gramme was 34,OUO,O00, Instead of $46,600,
000.
In the estimates for 1907-03 only a
small sum would be included for new
armored vessels, so these could not be
commenced until late in the year. This
would empnasize at xne jtiague confer
ence the good Intent of the British gov
ernment in its desire to bring about a
reduction of armament. The Board of
Admiralty was unanimously satisfied
that these reductions could be made
without affecting the naval supremacy
of Great Britain.
Mr. Robertson said there was reason
to believe that there had not been such
an advancement in the new pro
grammes of the foreign powers as the
Admiralty expected when it framed the
original British programme nearly a
year ago. At tne same time he must re
mind the House of the vastness of the
imperial responsibility of this country
and how ontirely dependent it was upon
the adequate strength of tne navy.
NO DECORATION FOR SARAH
Legion of Honor Again Denies Cross
to Actress.
PARIS, July 17. The chancellerie of
the Legion of Honor today again re
jected the nomination of Sarah Bern
hardt for the cross of the legion, de
spite the formal Insistence of M.
Briand, Minister of Public Instruction
and worship.
More Pine Islanders Pardoned.
HAVANA. Cuba, July 27. President
Palma today pardoned M. F. Brown and
other. Americans arrested on the Isle of
Pines for maintaining a private telegraph
line.
May Die of His Automania.
LISIECX, France, July 27. Thomas E.
Stillman. of New York, who was Injured
in an automobile accident near this place,
July 18, was worse last night, and his
condition is regarded as grave.
ROOT GUEST OF RIO
Great Plaudits Greet States
man in Brazil.
PALACE GIVEN UP TO HIM
Foreign Minister of Brazil Proposes
Pan-American Alliance Ambas
sador Gri scorn Makes '
Hit With Speech.
RIO DE JANIERO, July 27. The United
States cruiser Charleston, with Secretary
Root on board, entered the harbor from
Bahia at 7 o'clock this morning, and was
saluted with 19 guns from the torts. The
American Ambassador, Mr. Griscom, and
the Brazilian Ambassador to the United
States, Senor Nabus, at 9:30, went aboard
the Charleston, which was soon surround
ed by hundreds of launches and ferry
boats crowded with people anxious to
greet the American Secretary of State.
The latter and his family,, accompanied
by Senor Nabuco, landed in the 30-oar
royal barge John VI, amidst the salutes
of the assembled warships, including those
of Brazil, Germany and Argentina.
On landing, Mr. Root was welcomed
by General Rio Branco, the Brazilian
Foreign Minister, as the representative
of President Alves. A reception was then
held beneath a floral arch at the land
ing place, which was surrounded by
troops and many thousands of cheering
people.
Mr. Root was welcomed in a brief
address by General Rio Branco. who
spoke of the advantages of a Fan
American alliance. An enormous pro
cession, composed in part of cavalry,
carriages, police and lancers, escorted
Mr. Root through the streets to the his
torical Abrantes Palace. The palace has
been given over to the occupancy of
jir. toot and nis party, tnrough tne
courtesy of the Silva family.
Here the Americans were srreeted by
throngs of students and citizens, who
enthusiastically applauded speeches by
Mr. Root, Ambassador Nabuco and
American Ambassador Griscom. The
latter, who spoke in Portuguese, made
a hit with his auditors. .
Mr. Root and Mr. Griscom visited
President Alvez at 3 o'clock this af
ternoon. NAMES GIRL'S MURDERER
Kansas City Man Recovers Senses
After Week and Testifies.
KANSAS CITY. Mo., July 27. Frank
Kern, who with Bertha. Bowlin was
brutally assaulted late at night a week
ago on the Kersey Coates Terrace,
fully recovered consciousness tonight
and made a statement in which he said
that Albert M. Crone committed the
assault. Crone is now in the County
Jail charged with murder In the first
degree, awaiting his preliminary hear
ing.
Kern said that he and Miss Bowlin
were walking along the terrace when
they met Crone and tnat tne latter im
mediately began to abuse both of them.
Before K6rn realized Crone's intention,
according to the statement. Crone hit
Kern over the head with a lead pipe,
and Kern never- fully -regained his
senses until tonight.
Miss Bowlin, who died two days after
the assault, during a period of semi
consciousness when asked who struck
her murmured the word "Bert." Crone
has stoutly maintained his innocence
ever since his arrest. He asserted that
he did not know Kern and that he was
in a saloon on Grand avenue, a mile
from Kersey Coates Terrace, when the
assault occurred. Several witnesses sup
port his alibi. Kern stated positively
that he and Crone were acquainted.
CALLED TRAITOR TO UNION
Chicago Alderman Who Proposed
Death Penalty for Assault.
CHICAGO, July 27. Alderman Daniel
Herlihy, of the Twenty-eighth Ward, was
a member in good standing of the Steam
Engineers' Union until last night. Now
he is an outcast from that labor organ
ization. He was expelled because, a few
weeks ago, he introduced in the City
Council a resolution calling upon the
State Legislature to make assaults upon
women and girls punishable by death.
The union, through the me'dium of a
series of sharp resolutions, "deplored the
outrages upon women and children," but
declared that asylums for insane and hos
pitals are the proper places for the weak
minded persons who commit such as
saults. The resolution providing for Her
lihy's expulsion was adopted unanimously,
after a spirited discussion, in which the
offending Alderman was berated roundly
as a traitor to the trades union move
ment. ATTACKS LIGHT FRANCHISE
Another Suit In War on Denver
Grabbers Charges Fraud.
DENVER, July 27. Suit for cancella
tion of the franchise claimed by the Den
ver Gas & Electric Company as a result
of the May election, similar to the suit
brought against the Tramway Company
a week ago, was filed today in the United
States District Court.
The complaint alleges that thousands
voted for the franchise who under the
law were not owners of property and tax
payers and that the company was instru
mental in causing these men to cast the
fraudulent votes.
THE WRONG CONSTANTINO
Ponghkeepsie Man Released, Not
Being Mrs. Gentry's Slayer.
POUGHKEEPSIE, N. T., July 27. Fritz
Constantino, the young man who was ar
rested at Tivoli last week, charged with
being the alleged murderer of Mrs. Ar
thur W. Gentry, of Chicago, on January
6 last, will be discharged tomorrow. Con
stantino is not the man, wanted by the
Chicago authorities, although he bears a
remarkably close resemblance to the mur
derer. WIND WHIPS CLEVELAND
Man Killed by Lightning and Huge
- Hailstones Pelt City. '
CLEVELAND, O., July 27. A tremen
dous electrical, rain, wind and hall storm
broke over the city this afternoon. Im
mense hailstones and a torrent of rain
fell. The wind reached a maximum ve
locity of 42 miles an hour. A number of
runaways were caused by the pelting hall
A city employe at one of the city water
works cribs in Lake Erie was killed by
lightning.
REVISE ALL RITES
Interstate Commission Asks
Railroads to Act.
SHOULD CONFER ON CHANGE
Wholesale Revision of Tariffs and
Simplification of Rules Required
by New Law Commission
Will Act With Roads.
WASHINGTON, July 27. Chairman
Martin A. Knapp, of the Interstate Com
merce Commission, on behalf of the Com
mission, has directed a letter to all the
railroad companies and corporations of
the United States, directing their special
attention to section 6 of the recently en
acted railroad-rate law. The section pro
vides that every common carrier subject
to the provision of the act snail nie wun
the Commission and keep open to the
public for inspection schedules "showing
all the rates, fares and charges for trans
portation between different points on its
own route and between points on its own
route and points on the route of any
other carrier by railroad, pipe line or by
water when a through route ana joint
rate have been established."
After quoting in the letter the whole of
sectlbn 6 of the law, Mr. Knapp says:
Must Amend All Tariffs.
It is manifest that exlstlnit schedules must
be changed or amended to bring- them Into
full compliance with the provisions of law
nhnvA ha fnrth. Thesa changes or amend
ments can be made most satisfactory and at
the same time with greater unirormity
through the prompt action and co-operation
of all carrlers subject to. the law. and to
that end such carriers, through special com
mittees or their representatives In traffic
associations, are requested to confer Imme
diately and thereupon propose to the com
mission such measures of procedure respect
ing the changes necessary to. be made In
tariff construction, including the simplifica
tion of present rules and regulations -and of
exceptions to the application of specified
rates, the definitive statement of Joint
routes upon -which through rates are to ap
ply and appropriate means of certainly Indi
cating evidence of concurrence In Joint
through rates both to tne commission to
the public, while at the same time providing
for plainly showing upon suitable schedules
the services and the various changes re
quired by the law to be published and filed.
Railroads Must Act First.
The cnmmisalon Is of the opinion that this
duty should rest primarily with the carriers
themselves. In view of their liability to for
feitures and penalties In case of failure to
comply with the mandatory requirements of
the sixth section. The commission will,
however, cordially co-operate with repre
sentatives of the carriers and will freely
discuss with them all pertinent questions
which in this connection may arise, reserv
ing always Its right to make at such times
as may appear necessary any general or spe
cial oroers within tne scope oi i auiuotu.
ARMY CAMPS ARE OPENING
Regulars and Guardsmen Go Into
Training Together.
Tir a c3TTTTwTriff-w Tnlv 97 Three camns
VY rtJ ill., u i w . . , vu.j - '
of instruction for the regular Army and
National Guard opened toaay. xney am
at Mount Gretna, Pa.; Chicamauga Park,
4 A.id.in Tor v?tmip nririltinna.1
camps will be established before August
1 at American laite, waen., run micj,
Kan.; Fort Benjamin Harrison, N. D.,
and Fort D. A. Russell, Wyo.
The camps opened today will be con
tinued until September 30 in charge of the
regular troops, and militia troops will be
constantly changed at these camps so as
to afford as many state troops as possible
an opportunity to drill In conjunction with
the well-trained regulars.
VIOLATE EIGHT-HOUR LAW
Prosecutions Against Two Govern
ment Contractors Begun.
WASHINGTON, July 27. The first
prosecutions in the District of Colum
bia for violation of the eight-hour law
on Government work was begun here
today when United States Attorney
Baker filed in the Police Court three
informations against the Penn Bridge
Company, a corporation of Pennsyl
vania, and two against the District
Construction Company, of the District
of Columbia.
Sell New Philippine Bonds. -
WASHINGTON- July 27. The Bureau
of Insular Affairs of the War Depart
ment has announced that the $1,500,000
Philippine temporary certificates of in
debtedness maturing September 1 will be
retired by the issue of Jl.000,000 4 per
cent certificates running for one year,
and the payment of the remainder In
cash. The certificates mentioned will be
accepted at par as security for public
deposits, should further deposits be
made, and may be substituted for Gov
ernment bonds now held as security for
deposits, on condition tnat tne 'govern
ment bonds thus released be nsed as se
curity for additional circulation, when
ever in the judgment of the Secretary of
the Treasury it is desirable to stimulate
an increase In national Dank circulation
Bias will be received at the Bureau of
Insular Affairs until z r. M. August 23,
1906.
Executes Battleship Contracts.
WASHINGTON, July 27. Acting Sec
retary Newberry yesterday executed
contracts for building the twin bat
tleships Michigan and South Carolina.
The awards were made some time ago.
The Michigan is to be built by the
New York Shipbuilding Company, at
On account of the death of
Kenneth Olds, son of J. C. Olds,
our store will be closed today,
OLDS, WOR TMAN & KING
Camden, N. J., and the South Carolina
at the Cramps ship yard, Philadelphia.
President's Guests at Luncheon.
OYSTER BAY, July 27. Acting Secre
tary of State Bacon and Brigadier-General
Thomas H. Barry, assistant chief of
the Army General Staff, were entertained
at luncheon by President Roosevelt to
day. DEAD MAN'S ISLAND CASE
Privy Counsel Dismisses - Appeal
From British Columbia.
LONDON, July 277The judicial com
mittee of the Privy Council today dis
missed without costs the case of the
Attorney-General of British Columbia
against the Attorney-General of Canada,
apppealing from the judgment of Canada,
rendered July 29, 1904, which reversed a
decision of the court below.
The issue between the province and the
dominion was whether Dead Man's Island,
in Vancouver Harbor, belonged to the
former or the latter. The decision of the
lower court favored the province and that
of the Supreme Court the dominion.
WHITELAW REID GIVES DINNER
Distinguished Americans Meet Dis
tinguished Britishers.
LONDON, July 27. Ambassador White
law Reid today entertained at dinner the
American delegates to the conference of
the Interparliamentary Union, and to
meet them he invited a number of dis
tinguished Americans and British sub
jects. Among the Americans present
were Congressmen John Sharp Williams
and T. E. Burton, of Ohio; W. J. Bryan,
C. J .Kohlsaat, Clarence H. Mackey and
Rear-Admiral James H. Coggswell.
Premier Sir Henry Campbell-Banner-man.
Lord Chief Justice Alverstone,
Winston Spencer Churchill, Parliamentary
Secretary of the Colonial- office; the
Bishop of London, Dr. Ingram and T. P.
O'Connor were among the British guests
who were introduced to the Americans.
Spain AVould Be Arbitrator.
MADRID, July 27. Arbitration of the
dispute between Guatemala and Salvador
through the United States- has developed
considerable discussion here. The Madrid
journals criticise the event, declaring that
Spam was the proper arbitrator owing
to the common language and the relations
of the two countrieo with this nation,
as well as Spain's possession of official
archives relating to Spanish America.
INCREASES PENSION FUND
Carnegie Adds $5,000,000 to Pro
vision for Old Professors.
MILWAUKEE, Wis., July 27. A Sen
tinel dispatch from Ripon, Wis., says:"
Word was received today by the author
ities of Ripon College that the Carnegie
fund for the pensioning of aged college
professors has been increased from $10,
000,000 to $16,000,000 by Andrew Carnegie,
and that the conditions of the fund have
been altered to allow of the pensioning
of the widows of professors who would
be eligible to the privileges of the Car
negie Foundation.
Deserter Kills Marshal and Flees.
RICHLAND. Mo., July 27. City Marshal
William Manes was shot and killed to
night by James Price, alias Pritchett, a
deserter from Jefferson Barracks, near
St. Louis. Price escaped and is being
hunted with bloodhounds. Manes had ar
rested Price and was on his way to town
with the prisoner, when a young woman
saw them scuffling. She was asked by
Marshal Manes to assist In overpowering
the prisoner, who had broken his hand
cuffs and was endeavoring to escape. The
young woman started to the Marshal's as
sistance, but was warned away by the
prisoner, who threatened to shoot her if
she Interfered. Price then shot Manes and
escaped.
CHIEF RABBI OF ALL JEWS
Convention of Orthodox Rabbis
Elects Bernard Leventhal.
TRENTON, ' N. J., July 27. Bernard
Leventhal. who for 15 years has been
chief rabbi of the orthodox Jews of Phila
delphia, today was unanimously elected
chief rabbi of the entire body of orthodox
Jews of the United States at the closing
of the fourth annual convention of ortho
dox Jewish rabbis, which has been in
session here for the past four days.
Rabbi Leventhal came to Philadelphl
15 years ago from Kowno, Russia-
Police Stop Socialist Oration.
COUNCIL BLUFFS, la., July 27. A
street meeting addressed by Harry Mc
Kee, of California, National lecturer and
organizer for the Socialist party, was
broken up bythe police last night. Mc
Kee claims to have received permission
from the Mayor to hold the meeting, but
Chief of Police Richmond declares that
McKee was' making an inflammatory
speech against the Government and that
he would' not permit it.
Noted Horseman Kills Himself.
EAST AURORA, N. T., July 27. John
Bradbury shot and killed himself at
his home here tonight. He had been ill
for some time and It Is believed that
the suicidal mania came upon him sud
denly. Bradbury was one of the rec
ognized horsemen of the day, and had
recently written a book on horse train
ing. Socialists Raid Singer's Store.
WARSAW, July 27. A party of So
cialists forced its way into the Singer
shop today and fired several shots,
compelling the closing of the shop.
TANGLED UP l LAW
Williams Stands Off Sheriff
and His Noose.
RESPITE FROM DAY TO DAY
Sentenced in One County,' Habeas
Corpus Suit in Another Pris
oner Gains Time by Violent
Resistance to Sheriff.
BIRMINGHAM. Ala., July 27. Members
of the legal profession of Jefferson County
are in a quandary today over the most
novel action in a criminal case ever taken
In the state. Last night Judge Samuel
L. Weaver, of the Criminal Court, grant
ed a writ of habeas corpus in the case
of John Williams, of Cullman, Ala., just
12 hours before the time set for the exe
cution of the prisoner for the murder of
State Senator R. L. Hipp. The writ was
made returnable today. The prisoner was
convicted in the Circuit Court of Cullman
County and the Supreme Court of Ala
bama affirmed the sentence.
Lawyers Argue All Day.
Williams was brought here for safe
keeping. The petition for the writ of
habeas corpus was made on an Insanity
plea, and the question which has been
argued by counsel all day In the Criminal
Court is whether a Jefferson County offi
cial has jurisdiction and authority to
issue the writ. The arguments before the
court have been continued until tomorrow.
Meantime the hour for the legal execu
tion has expired, and It was thought a
new date for the hanging will have to be
set in case of failure to sustain the in
sanity plea. Governor Jeiks, however,
came to the rescue and granted the pris
oner a respite until tomorrow. He will
grant respites from day to day until the
question is settled.
Sentiment in this community and In
North Alabama, where the crime was
committed, has been thoroughly aroused
since the famous Hawse riot in 1888. The
populace favors Williams.
' Williams Fights Sheriff.
Last night, when Sheriff O'Rear, of
Cullman County, accompanied by several
deputies, entered the Jail here to secure
Williams the latter seized a section of
Iron pipe which he had torn loose from
the sewer connections In his cell and
threatened to kill the first man who tried
to enter his cell.
Finally a quantity of ammonia was se
cured and dashed on the prisoner through
the bars. The fumes of the drug over
came him and the officers were able to
handcuff him. However, his resistance
caused such a delay that the officers
missed the train on which they expected
to take Williams to Cullman. This gave
the condemned man's son an opportunity
to secure the writ of habeas corpus.
AT
DYNAMITE ARGUES AGAINST
PLUMBERS' MERGER,
Fend Between Rival Labor OrganU
zations Causes Eight to Re
ceive Serious Injuries.
NEW TORK, July 27. While peace ne
gotiations between local unions No. 2 and
480 of the Plumbers & Gasfltters' Associa
tion were in progress this evening, two
bombs or large torpedoes filled with
metal or stones were thrown from the
Third-avenue elevated structure Into a
group of members of the latter union
waiting outside Teutonia Hall, at Six
teenth street and Third avenue, for a
meeting to begin. Eight, of the group
suffered cuts and abrasions from the fly
ing fragments.
Local No. 2 recently' lost a strike
against the master plumbers. The latter
refused to employ any hut members of
No. 480, which is affiliated with the Na
tional organization, while No. 2 Is not,
and required the members of No. 2 to
join No. 480. Many members were will
ing to do so and applied for membership
in No. 480. There was a section of No. 2 s
membership, however, which opposed the
merger, and it is believed that some of
that party was responsible for the bomb
throwing. . Overtures were made, however, for an
amicable merger, and both unions were
in session tonight for that purpose. The
bomb-throwing occurred Just as No. 480' s
members were about to be called to order
by their president, William Thompson.
About 600 members were Inside the hall,
and 100 others, with many of No. 2"s
members who were seeking admission to
No. 480, were outside on the sidewalk.
The bomb fell amidst this group.
President Thompson, of Local No. 480,
said tonight that he had suspended all
negotiations for a merger of the unions,
as ha believed that the bomb was thrown
by members of No. 2.
Bryan Accepts Call From South.
LOUISVILLE, Ky., July 27. J. W.
Vreeland. of the State Democratic Cen
tral Committee, today received a cable
gram from W. J. Bryan, accepting the
invitation recently extended to attend a
monster reception in his honor to be
given at a date to be selected later-It
Is planned' to make the gathering Mr.
Bryan's Southern welcome and Invita
tions will be extended the Governors,
Congressmen, Senators and prominent
politicians of all the Southern States.