mnmur
Xy7
VOL. X17VI.-XO. 14,6.5.
PORTLAND, OREGON, WEDXESD
NOVEMBER 27. 1907.
PRICE FIVE CENTS.
Jfi
BRYAN LAUOS THE
1G
Where Roosevelt Is
Against Democracy.
FOUR PRINCIPLES HE IGNORES
Some Undemocratic Doctrines
He Advocates.
REFORMS HE POSTPONES
:vbra-Lnn Mounts Old State Rights
Hobby on Japanese Question He
Hits at Asset Currency and
the Military Spirit.
WASHINGTON. Nov. 26. William J.
Bryan was tonight tendered a banquet
and reception by "The United Democracy
of the District of Columbia." Flv hun
dred Democrats partook of the S3 dinner
and more than double that number par
ticipated in the reception and feast of
oratory which followed. While th ca
pacity of the Ruleigh Hotel banquet
hall placed a limit on the attendance,
the "lid" was completely off as to en
thusiasm, and the long speech of Mr.
Bryan. like the half doxen shorter ones
In his praise which preceded it, afforded
opportunity for repeated and continued
demonstrations of political accord and
personal regard for the guest of honor.
Mr. Bryan's subject was "The Point of
View." and his speech consisted of Illus
trations of the difference In the point of
view from which questions are examined.
Before taking up the serious presenta
tion of this subject, he referred to some
of the remarks made by preceding
speakers, and apropos of Mr. Hagan's
Suggestion that Tammany Tigers would
make better playthings for children than
Teddy bears, he said that party emblems,
as well as political toys hud their places,
and he spoke a word In defense of the
Democratic donkey.
The Ikiukev and the Elephant.
The donkey U really 1 better emblem than
the elephant for & party. This was im
pressed upon my mind when I visited other
countries. I found that the donkey la a
resident of every country, and that every
where he is serving the people, and that,
too, the common people. He Is not an
aristocrat. Whether yop visit the moun
tains of the West, the densely populated
regions of the Orient, the fertile valleys of
the Nile or the sacred soil of the Holy land,
you will find the donkey .patient, persist
ent and always at work. The elephant,
cn the contrary, is only to be found In cer
tain latitudes, and is seldom seen except
on dress parade. If greatness Is to be meas
ured by service, instead of by six or ap
pearance, the position of honor must be
given to the faithful donkey. As the Demo
cratic party is becoming a universal party
and tn everywhere Justifying its claims to
the oonndence of the people by the service
It is rendering them, it is entirely appro
priate that it should prefer the donkey to
the elephant for an emblem.
Roosevelt and Democracy.
After dealing humorously with the
charge that the Republicans were steal
ing Democratic thunder, he proceeded to
point out the things the President has
borrowed. the Democratic doctrines
which he has ignored, and the un-Demo-cratlc
doctrines which ha has advocated,
say Brig:
The President has advocated railroad reg
ulation, which Is a Democratic doctrine, but
he has not gone as far a. Democrats would
have him go. and the Republican leaders
are not willing to go as far as the Presi
dent goes. He has taken some steps toward
the enforcement of the law against trusts.
In this respect he has been following Demo
cratic doctrines, although he has not prose
cuted all the trusts and has not recently
made any effort to secure additional anti
trust legislation. Here, too, the Republican
leaders don't support the President's po
sition. The Tre.ident has advocated an In
come tax; this Is Democratic, but none of
the leaders of his party have yet attempted
to carry out his recommendation on this
subject and Secretary Tart, whom he has
designated as his heir-apparent. Is not In
favor or an Income tax at this time. The
President has also recommended arbitration
as a means or settling labor disputes. This
doctrine was taken bodily rrom the Demo
cratic platrorm. but It seems to bo as un
popular with the Republican leaders as
other Democratic doctrines.
Policies Roosevelt Ignores.
Here are four policies which the Presi
dent has Indorsed, whlrh are distinctly Dem
ocratic and which were being urged by the
Democratic party for from nve to 12 years
before the President ever said a word in
their favor, and It Is a significant fact that
they arc the very things- that have given
him popularity. Surely no Democrat will
find fault with Democratic policies whlrh
are so Just and necessary that a President
of the opposite party is forced to accept
them.
There are. however, several Democratic
policies that the President has not indorsed.
He has not yet Indorsed tariff reform, al
though the sentiment Is growing so rapidly
that Secretary Taft admits thai tariff reform
Is necessary, although he yields to his habit
of postponing and would put the rerorm off
until after the election. The President has
not Indorsed the election or Senators by di
rect vote of the people, although this
Democratic rerorm is so popular that the
House ot Representatives has declared for
It five times by nearly unanimous vote. The
President has not recognised the right of
the Phlllpplnos to the promise of ultimate
independence, although the Democratic po
sition on this question has been vindicated
by experience. He has net yet Indorsed the
Democratic position on government by in
junction, but la his last message be Inti
mated that It might become neevssary to re
strain the use of the writ of Injunction if
the abuse of this writ continued.
He reminds one of the man who went to
the theater on a pass. The play was so
unsatisfactory that the audience hissed and
hooted, but the man with the pass kept
quiet. Finally one of the audience asked
him why he did not Join In. and he replied :
"Do not like this play anj' more than the
rest of you do. I am In here on a pass,
but if this play gets much worse I'll go out
and buy a ticket and come back and then
I will hissvlth the rest of you."
Here are four Democratic doctrines that
he has not yet Indorsed anil now let me
call your attention to some very undemo
cratic doctrines which he has announced,
tn the first place, he ravors the National
Incorporation or railroads and other Inter
state commerce corporations, and this Is in
DEMOCRAT
line with his position that the Federal
Government can. through a treaty, inter
fere with the school system or Callfornia.
Thj Democrats insist upon the recognition
or the right of the state to exercise Its
constitutional rights over domestic affairs.
He has recommended a ship subsidy, which
Is so undemocratic that It had the solid
opposttlcn of the Democratic party and the
opposition or a number or Republicans rrom
the interior states. lie nas aavucaiw
asset currency, which Is also undemocratic,
and he ha manltested a military spirit en
tirely out or harmony with Democratic Ideas
and Democratic Ideals. Here are four po
sitions taken by him which are undemo
cratic, and I may add that the Republican
leaders have supported him quite enthusi
astically in all that was undemocratic and
have opposed him quite persistently where
he was Democratic.
Representative John Sharp Williams,
minority leader In the House of Repre
sentatives, spoke with more courage for
the Democratic party now than for many
years past. Although Mr. Williams said
he would stultify himself if he said he
agreed with Mr. Bryan about all things,
he had come to the conclusion that the
beat chance of cohesion would be in the
nomination of Mr. Bryan, who, he said,
was the real leader of the party.
"The South will support him, and if
he cannot win, then some Of theae days
it will have something to say for itself."
It was half an hour past midnight when
Mr. Bryan began his speech of an hour
arji a half in length. He was greeted
by wild cheering, and It was some time
before he could make himself heard. Mr.
Bryan brought his speech to a close Just
before 2 o'clock, that lie might catch a
train for New York.
Referring to the nomination to be made
next year, Mr. Bryan remarked that he
could not say who the candidate would
be (cries of "Bryan, Bryan"). Continu
ing, Mr. Bryan said he could take the
nomination only in the belief that he
might be able to do something for the
party. He believed the appeal to the vot
ers of the country would not be made
in vain.
"It Is not to be a money campalsfh."
lie continued. "Our fight must be made
by volunteers. If I were the candidate I
would rather go out and make this fight
without a National Committee and with
out a National treasury than to go out
with a campaign fund the source of
which we were not willing to divulge to
all the people.
Mr. Bryan's nomination was predicted
by each of the several speakers, and
each time the prediction was presented
it brought forth instantaneous response.
Mr. Hogin, of New York, pictured Mr.
Bryan as the idol of New York Demo
crats, and Representative Sulzer of that
city added his testimony to that effect.
Representative James, of Kentucky, de
clared the nomination of the Nebraskan
settled and John Sharp Williams, of Mis
sissippi, gave his unqualified Indorsement
to the same effect.
DANIEJj CALLS DOWX BRYAN
Says He Takes Cue Prom the In
dependence League.
WASHINGTON, Nov. 26. (Special.)
A recontre between William J. Bryan
and Senator Daniel, of Virginia, in the
lobby of the New Wlllard Hotel this
afternoon, in the course of which the
Virginian told the peerless leader to
his face that it was time he quit taking
his cue from the Independence League
and deferred a little to the Democratic
party, afforded amusement and excite
ment for a crowd of spectators.
"I like you," said Mr. Daniel"? "but
you have theories that are un -democratic
and I don't like the way you
try to dictate to the party. I believe
:n frankness and there are some things
you ought to know. You are ruining
evory chance for success the Demo
cratic party has by your Jictatorlal
methods. You ought to profit by past
experience."
"When have I dictated to the Demo
cratic party?" demanded Mr. Bryan.
(Concluded on Page 8.)
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature. 80
degrees; minimum. 41.
TODAYS Occasional rain; southeasterly
Winds.
Foreign.
Douma refuses title of autocrat to Czar.
Page 3.
National.
Report of Panama Canal Commission.
Page 5.
Fleet will start for Paclflo on time. Page 4.
Politics.
Bryan speaks at Democratic banquet in
Washington. Page 1.
Daniel accuses Bryan of taking cue from
Hearst. Page 1.
Roosevelt not to speak on third term till
Congress adjourns. Page 8.
Bonapaite secretive about land grant suit.
Page 8.
Gompers Issues manifesto against Cannon.
Page 8.
Domeetlc.
Expert rebuked for denouncing Brown at
Bradley trial. Page 4.
Indicted Brooklyn banker commits suicide.
Page 1.
More arrests for crooked banking In Brook
lyn. Page 1.
New York banks prepare to resume cash
payment. Page 3.
Walsh not required to produce private books.
Page 5.
Hill and Harriman to make peace. Page 1.
Pacific Coast.
Preparing to select Jury In Pettlbons case
Page 6.
Bark Acme has thrilling battle with high
seas. Page re
prosecuting Attorney unmoved by public
opinion in Todd case. Page T.
One link needed to complete evidence against
Kleinscbmldt. Page 1.
Wllklns accused of murdering man as well
as woman. Page 5.
Sport.
Weston finishes his walk from Portland, Me..
to Chicago. Page 4.
Commercial and Marine.
Wholesale turkey market closes weak and
overstocked. Page 17
Wheat very strong and higher at Chicago.
Page 17.
Stocks advance steadily In New York mar
ket Page 17.
Local Inspectors take testimony on the
Asuncion-Jones collision. Page 16.
Portland and Vicinity.
Portland foundry-owners declare for open
shop. Page 11.
Councllmen must use ax on estimates for
next year. Page 10.
Hindu killed by Southern Pacific train.
Page 11.
Republicans at smoker favor county conven
tion plan. Page 13.
Board of Education arranges to pay teach
ers In cash. Page 7-
Clty prepares to celebrate Thanksgiving day
Page 10.
INDICTED
BANKER
COMMITS
SUICIDE
Maxwell of Brooklyn
Bank Dead.
GUTS BOTH THROAT AND WRIST
Despondent at Desertion of
Friends When in Trouble.
GIVES ALL TO THE BANK
Turns Over Both Own and Wife's
Property to Protect Creditors.
Widow Is Left Without a
Cent in the World.
NEW YORK. Nov. 28. Howard Max
well, deposed president of the Borough
Bank of Brooklyn, who was under in
dictment for grand larceny and forgery
and was last night released from Jail on
$30,000 bail, committed suicide today. He
cut his throat and left wrist with a razor
and penknife In the bath-room of his
home, In Brooklyn, and died tonight at
Long Island College Hospital.
Maxwell, who was locked up last
Thursday, had felt his humiliation keenly
and during his incarceration had ap
peared hopelessly despondent. He had.
however, given his family no Intimation
so far as known that he contemplated
suicide. His wife was prostrated by the
tragedy and was under the care of a
physician tonight.
Maxwell was released late last night
from the Raymond-street Jail, where he
had been held prisoner since the three
indictments charging him with misdoings
In connection with, the management of
the suspended bank were returned. There
was some difficulty In obtaining ball,
and officers of the Jail reported that
Maxwell was greatly broken up. All
yesterday and the day before he lay on
his bed and appeared to be oblivious to
his surroundings. He-rlecltnod to receive
any ' visitors ?xcepl his wife and counsel.
Released From Jail.
Last night Justice Burr signed an or
der for Maxwell's release when ball to
the amount of $30,000 was furnished.
Maxwell, in company with his counsel,
I. R. Oeland, was driven to his residence
at 182 Congress street. Maxwell spent
this afternoon quietly at his home.
Later he announced his Intention of
taking a bath and going for a walk.
Shortly before 2 o'clock a maid heard a
sound as of someone falling on the sec
ond floor. Hurrying upstairs, she dis
covered the banker lying on the bath
room floor, half dressed, with gaping
wounds In his throat and left wrist. On
a washstand near by lay a white bone
handled razor half open, and a penknife
with blades open at each end and both
covered with blood. As she turned to
summon help the maid stepped on . a sec
ond razor which lay half open in the
hallway leading to the bath-room. Max
i
' I i no vot- . vt tv nc cnnsvnti .
well was conscious and tried to articu
late, but failed to make himself under
stood. Dr. C. E. Brown, the family physician,
was hastily summoned and he called In
Dr. Horace Greely. The banker was
bleeding so profusely that it was decided
to remove him to Long island College
Hospital, where an operation for trache
otomy was performed. The windpipe was
found to be nearly severed, and his lett
wrist was cut almost to the bone. Max
well died a short time after' the opera
tion. Makes No Statements.
Soon after the physicians began to
work over him the banker had lapsed
Into unconsciousness, and during the few
and brief half-lucid periods that followed
he made no atatetnent' so far as known.
Coroner Brewer began his official investi
gation tonight.
Maxwell was 49 years old and leaves a
wife, but no children. On November 21
he was Jointly indicted for grand larceny
with ex-Cashier Arthur Campbell and Dl-
Mrs. Anna M. Bradley, as She Ap
peared in the Courtroom.
rector William Gow, of the Borough Bank.
There were other Indictments against him,
involving forgery In a quarterly bank
statement made to the state banking de
partment. When these three men were
arraigned Campbell and Gpw secured
bondsmen, but to the surprise of many
who knew of Maxwell's popularity in
financial circles and socially, none offered
to go on his bond. For some time only
his four sisters, who, offering the home
left them by their mother, who died three
days after the bank suspended, could only
secure a $10,000 bond. This desertion on
the part of men to whom he had looked
for his freedom, it is said, embittered and
depressed Maxwell, and the despondency
Increased before his release wea .brought
about. Dtfr'.ig hi. airugrito.rnt Maxwell's
counsel sta ted .that his client had put up
every dollar in the world that he pos
sessed to secure the bank, and that he
had absolutely stripped himself to protect
the Institution, tester, on his way to his
cell, Maxwell Is said to have borrowed $3
with which to pay for a meal or two. At
that time he declared. that he did not have
a cent with which to provide himself any
extras outside the prison fare. His humil
iation was aggravated when, like a com
mon felon, he was measured by the Ber
tillon system and his pedigree placed in
the Jail records.
Career of Maxwell.
Maxwell four years ago was cashier of
the Kings County . Bank, at the time that
Institution was merged with the Union
Bank, another Brooklyn Institution. At
that time he had no property, so far as
known, but he enlisted the assistance of
William Gow. of the advertising tirm of
(Concluded on Page 3.)
"HOW DO YOU WANT TO BE COOKEDf
"I DOST WANT TO BE COOKED AT aJ.l.!"
"THAT 18 NOT ANSWERING MY QUESTION.'
ONE LINK MISSING
AGAINST STUDENT
What Happened After
the Killing?
MAY BE SUPPLIED BY THE GIRL
She Gives Police More Infor
mation About Crime.
BELLOWS' DRINK DRUGGED
Change In Theory of How Klein
sehmidt Killed His Enemy Pris
oner Is Stolidly Indifferent
and Maintains Innocence.
SAN FRANCISCO. Nov. 26 (Special.)
Chief of Police Vollmer, of Berkeley, be
gan work today on the one link in his
chain of evidence which, he says, will
complete the Klelnschmidt case. This re
lates to the interval between the time
when Harry Klelnschmidt and Frank
Bellows met and the finding of Bellows'
body the next morning. Bellows had
been traced to the Klelnschmidt home.
There he met Bertha Klelnschmidt and
asked for her brother Harry. She told
him Harry was in the back yard. Bel
lows went to the rear of the house and
met Harry. There the evidence broke
to the finding of Bellows' body the next
morning.
Girl's Midnight Visit.
Today Mr. Vollmer secured an import
ant bit of evidence relating to the meet
ing between Klelnschmidt and Bellows.
This evidence came from Miss Blanche
Kerfoot, the subject of their quarrel, in
a further statement from the young
woman. She said that she had gone se
cretly to the Klelnschmidt home again
the night after the death of Bellows.
Just why she went has not been divulged.
Sho met Klelnschnrtot at his homo on the
night in question, and they talked for
several hours on the circumstances that
led to Bellows' death. At this Interview
Klelnschmidt spoke at length oh the
matters that passed between him and
Bellows. Miss Kerfoot today divulged to
the authorities the nature of the state
ment made to her on this occasion by
Klelnschmidt. Mr. Vollmer refused to
give out the details of Miss Kerfoot's
statement, but said that it supplied the
missing evidence.
Poisoned by Drugged Drink.
When the latest statement of Miss Ker
foot came Into the possession of the
police, they changed their theory In some
respects. Up to today they charged that
cyanide of potassium had been poured
into Bellows' mouth after a struggle. To
day they advanced the theory that Kleln
schmidt had sought first to assuage the
wrath of Bellows at the meeting and
had Invited him into the basement to talk
matters over calmly. According to the
new theory, the police believe that liquors
were brought In and that the two men
drank together. The police advanced the
view that only by this means could the
poison have been administered.
District Attorney Brown, of Alameda
County, has asked Dr. O. A. Hamlin to
Investigate the medical end of the case
and to repjrt If he believes anything can
be accomplished by exhuming the body of
Bellows. Dr. Hamlin refused to say to
night what he would advise. He said
that he would look Into the subject fur
ther before advising that the body be
exhumed.
Saw Klelnschmidt Running.
Mr. Vollmer further declares that he
has two witnesses who will swear posi
tively that they saw Klelnschmidt run
ning from the scene of the tragedy upon
the nigt that Bellows was killed.
"These people," said Mr. Vollmer,
"are well known In society. They are
man and wife, and they knew young
Klelnschmidt as well aa his family, and
could make no mistake. R. M. Peck, the
young man who went with Bellows on
the night of the tragedy, declares that
as he stood on the corner waiting for his
friend to return, six people passed him.
Thus far. we have located only this cou
ple, and Just as soon as we find the
other four our case will be complete."
Klsa Lunge Not Wanted.
Mr. Vollmer says that Miss Klsa Lange
has not left her home in Berkeley to
avoid furnishing information to the po
lice. He says that Miss Lange has told
him all shT knows and that this time
he does not believe that she will be
called as a witness.
"Miss Lange has gone to Santa Rosa
to avoid reporters," said the Chief, "but
before she left she told me all that I
wished to know. Regarding the reported
breaking of her engagement with Ed
mund Ralmon. of the class of '08, I have
nothing to say. That is Miss Lange's
affair, and .she could tell it, if she
wished.''
It was said that Klelnschmidt had
forged the name of Miss. Uange to a let
ter directed to Blanche Kerfoot and had
used It to break her engagement. It was
to get this letter that young Bellows
went to the Klelnschmidt home on the
night he met his death, according to Miss
Kerfoot.
Prisoner Is Unconcerned.
Although held a prisoner by the Berke
ley police iii the Alameda County Jail
since last Friday. Klelnschmidt Still
maintains an indifferent manner, and to
all of the accusations of Mr. Vollmer
makes little reply. From the flrst'he has
stoutly Insisted upon his innocence, and
with an air of unconcern announces that
he is not bothering much over the ense.
Because of the terrible accusations of
the police following the. death of young
Bellows. It was felt that Klelnschmidt
would be entirely unnerved, but such
does not seem to be the case. Upon the
other hand he steadfastly proclaims hfs
innocence and at no flme since his ar-
reai uaa snov n me leant signs of excite
ment. As the day gradually grows nearer up
on which his arraignment is to take
place, however, the police look for some
show of anxiety upon his part. Thus
far, though, he Is singularly cool ami
collected and feels that any attempt to
convict him will result in failure.
FINDING THE MISSING IINKS
Chain of Evidence Against Kleln
schmidt Is Almost Complete.
BERKELEY. Cal., Nov. 2. Although
Harry Klelnschmidt has been In cus
tody for eight days, the authorities still
lark four witnesses to complete the
chain of evidence against him. These
four are all persons who passed along
Russell street westward In the direc
tion of Pine street about 9 o'clock on
the night of July 26. when Klelnschmidt
and Bellows were quarrelling In the lot
at the rear of the Klelnschmidt home
in Claremont,
R. M. Peck, of 2400 Dana street, ac
companied Bellows from the San Mar
cos Hotel to the corner of Pine and
Russell streets on the day of his death.
On the corner six persons passed him
coming down the street from the direc
tion of the Klelrschmldt place. Two
of them are known to the authorities
and oneof them says she heard angry
words from the direction of the Kleln
schmidt yard. Bellows evidently an
ticipated trouble, for he took Peck with
him. leaving him at the corner of Pine
and Russell streets. There Peck waited
an hour,' not hearing a word from Bel
lows. It was while he was waiting
there that the four persons passed.
Bellows, according to the information
obtained by the police from the brothers
and sisters of the accused student, went
to the front door of the house, where he
met Miss Bertha Klelnschmidt. who told
him Harry, her brother, was waiting for
him in the rear of the house. That was
the last time Bellows was ever seen
alive.
The Klelnschmidt family says that
Harry cams, into the tyouae by a rear
door. After sitting down, he called out,
as if to some one in the darkness:
"Bellows, you can't have those letters!"
The police theory is that Bellows was
dead at that time. j
J
SISTERS CATI, IT A "FARCE"
Misses Klelnschmidt Say Their
Brother Will Be Freed.
BERKELEY, Cal.. Nov. 26. If Hairy
Klelnschmidt, a wealthy young student of
the State University, and oldest son In
the Klelnschmidt family, of Claremont,
murdered his friend and rival In love,
Frank Bellows, he Is one of the coolest
and most matter-of-fact young murderers
with whom the local police have ever
had to deal. Every possible device and
trick of the "third degree" and the
"sweatbox system" has Been brought to
bear on the young man to tsap him into
some Inconsistent or contradictory state
ment, but so far the cleverest work of
the officers has not weakened the young
student.
The two beautiful sisters of , the ac
cused. Misses Bertha and Ellen Kleln
Bchmldt, assert their belief that their
brother will be purged of every suspicion
of guilt when the case comes to court.
In regard to the statements of Miss
Kerfoot that she was brutally attacked
and subjected to the most revolting
t Concluded an Page 5.
HARRIMAN
1
HILL IN ft TRUCE
Railroad Magnates to
Work in Harmony.
MORGAN HAS HAND IN DEAL
Announcement of Agreement
Expected in Few Weeks.
REPORT FROM NEW YORK
Union Pacific Planning to Segregate
. Holdings in Other Roads Mor
gan Will Likely Secure
Stock by the Deal.
NEW YORK. Nov. 26. The Tribune to
morrow will say:
The Harriman and Hill railroad .nter
ests. It was learned yesterday from
sources which should be informed on the
subject, have arrlx-ed at an agreement
which will insure harmony between them
for the future. Announcement of this
agreement, which is said to be the result
of work by J. P. Morgan, is expected to
be made within the next week or two.
The report of the committee of the Union
Pacific directors having charge of the
task of framing a plan for the segrega
tion of that company's assets, represented
by Its stockholdings In the other roads.
Is expected to be presented at about the
same time, and It Is not unlikely that
the two announcements may be related.
The rivalry between Hill-Morgan and
Harriman parties reached Its culmination
in the Northern Pacific "corner" which
resulted in the panic of May 9, 1901, but
It existed before that memorable date and
has existed since then.
Whether or not the peace now reported
as having ben arranged will Include ac
quisition of a block of -Union Pacific stock
by Mr. Morgan and his associates cannot
yet be learned.
TWO COURTS ARK AT ISSUE
Circuit Court Conflicts Wlh Appeal
Court on Rallrond Law.
ST. PAUL, Minn., Nov. 36. In the Unit
ed States Circuit Court of Appeals today
Judge Sanborn gave the decision
In the case of the United States
against the Colorado Northwestern
Railway. The Judgment of the District
Court In Colorado is reversed and another
trial ordered.
The condition now exists that the Cir
cuit Court of Appeals for the Sixth Dis
trict, embracing Ohio, Michigan, Ken
tucky and Tennessee, has held that a rail
road becomes subject to Federal control
only when Its lines cross the border of
the state, the decision directly opposed to
the decision of the court of the Eighth
Judicial District, given today.
The action of the Government in ths
Colorado case was brought to recover
penalties from the railroad In two
cases of alleged violation of the inter
state commerce safety appliance law,
in that the Colorado & Northwestern
accepted two distinct shipments of
freight from other lines in cars which
were not equipped with automatic
couplers.
The District Court Instructed ths
Jury for the defendant, and the Govern
ment appealed.
Judge Vandeventer concurred with
Judge Sanborn, who held in effect that
the Colorado road, although not an in
terstate line, became subject to Fed
eral control when It accepted freight
from lines coming from without the
state.
Judge Phillips dissented from the view,
holding that the road was bound to ac
cept the freight and passengers under
Its state charter by whomsoever ten
dered, and from whence it comes,
whether within or without the state, and
that Its responsibility is limited by the
local laws.
Felton Head of Mexican Road.
CHICAGO, Nov. 26. S. M. Felton. pres
ident of the Chicago Alton Railroad,
today was elected president of thn Moi
lean Central Railway Company. Mr
Felton said he will soon resign as pres
ident of the Chicago & Alton system.
HIGH FLYER IS TAKEN IN
John Wolinsky, Spender From the
West, Arrested for Forgery.
N EW TORK. Nov. 26 John Wolinsky,
alias Jack West, who, while posing as a
wealthy fjoldfleld miner last July, at
tracted much attention by lavish ex
penditures in the tenderloin district, was
arrested today on an Indictment from
Chicago, charging forgery. He was held
in $2600 hall.
Since his July adventures, Wolinsky has
been In Paris and only recently returned.
He was an agent for the Butterlck Pub
lishing Company, of Chicago, and Is ac
cused of forging checks amounting to
$7747 against the firm.
BURIED IN CAVED MINE
Goldficld Superintendent Will Prob
ably Never See Daylight.
GOLDFIELD. Nov. 26. William Good
rich, superintendent of the Scully lease
on the Sandstorm mine, was caught In a
cave-In in the worsting shaft this after
noon. He Is now burled under 26 feet
of rock and sand and the men who are
working for his rescue have littls hope ot
finding him alive.