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m — The Macon Daily Telegraph WEATHER FORECAST FOR OEOR QIAi GENERALLY FAIR SATURDAY AND 8UNDAY1 VARIABLE WINDS. ESTABLISHED IN 1828. MACON, GA., SATURDAY MORNING. NOVEMBEB 21, 1908 DAILY, $7.00 A YEAR. STANDARD OIL’S EARNING POWER BROUGHT OUT BY FRANK KELLOGG IN BUEL OF WORDS WITH OIL KING ■Within Past 8 Years Has aBrn Over Half a Billion OU Company. th« American Transfer. Company and the United Pipe Lino Company. Mr. Rockefeller's attention was called to the agreement with the South Improvement Company and the rate* provided there for rebates on oil. EVEN AT THIS GALLS IT "P D. Is It not a fact that to all other parties according to this agreement, were to be charged the full gross rate?" "Probably so.' For Mora Than Five Hours Mr. Rockefeller Faced Federal Counsel and Fenced With the Attorney Skil fully as the Fire of Questions Came Thlok and Fast—He Was Question ed Closely on the Matter of Re- Were you a stockholder of the South Improvement Company?” ‘‘I never received the certificate as far as I can recollect.” “You spoke yesterday of a pool agreement among several railroad for dividing up traffic and freight rates in bate*—Hit Memory Was Sometimes Good, but Frequently Bad—Father if the Oil Trust Admits That He Has Been Prosperous From the Be ginning. NEW YORK. Nov. 20.—For over five hours today John D. Rockefeller, witness for the defence in the gov ernment suit to dissolve the Btandard Oil Compans', faced an unceasing fire of questions from the federal coun sel. Frank B. Kellogg, and when ad journment was taken until Monday, he was still being cross-examined on the charge that the company In Its early days accepted rebates to the disadvantage of Its rivals. The enormous earning powar of fn* oil combination was sharply brought out in today’s hearing when Mr. Rockefeller, after stating that the Standard had paid dividends amount ing to $40,000,680 in 1807. said It had earned ns much more and that this wus added to the company’s surplus, which was stated by the government’s counsel to bo $300,000,000. It was further stated by Mr. Kellogg that the company within the last eight years had earned over half a billion dollars. The rapid fire Interrogations of the prosecutor were always met with un shaken Imperturbability and readiness to answer, except when as Mr. Rocke. feller explained, "It Is quite Impos sible for me to remember after thirty five years. I do not recall.” Questioned Closely About Rebate*. 1874. So the rates from Cleveland seaboard were the same as from oil points In Pennsylvania to the board7” Yea." Roads Paid Drawback 22 Cents. And the roads carrying crude oil to the seaboard were required to pay a drawback of 23 cents a barrel to the shipper lftho rates on the agreed pipage to the shipping points on the railroad be maintained?” “Yes.” Mr. Kellogg then sought to show that all the pipe line companies to tho agreement were subsidiary com panies of the standard. His Friends Perfect Organi zation and Expect to Win Out TWENTY KILLED DY EXPLOSION In Brooklyn Street Gas Ex plodes in Trench Spread ing Havoc IAFI CABINET IS NOT SLATED ATLANTA. Ga., Nov. 20—James O. Woodward, whose candidacy for mayor of Atlanta was revived at a mass meeting Wednesday night, was on the street again today, shaking hands with his friends and supporters. As was his wont In former campaigns ho took up ’temporary hoadq\iarkers tat tho cigar stores around the corner of Ma rietta street and Viaduct Place, nnd established a countenance of compos- urn that contained no fear of probablo defeat. It is probable that permanent head quarters will bo opened by the Wood ward forces tomorrow. They are considering several places, mostly va cant stores. It is probable that one will be selected—one In the center of tho city where it may be easily reached. A meeting of the Woodward leaders was held at the Kimball House tonight and steps were taken to perfect an or- ganlxatlon of the city -by wards. NEW YORK. Nov. 20.—An explo sion of gas in a deep trenoh In Gold •treet, Brooklyn, In which & number of men were employed, today cost probably twenty lives and caused a panic. The victims Included Frederick- W. Scheffmeyer, city Inspector of sewers and Foreman Samuel W. Trout. Practically the whole street from the stoop line betweep Gold and IHrorlt etreets was tumbled Into a fifty foot excavation In which fifteen or more men were working, and several per sons who were walking along tht street are believed to have been car- "We had an Interest In some, but not In all,” said Mr. Rockefeller. 'You testified yesterday to the stockholders of the Standard Oil Com pany from 1872 to 1879 obtaining in terests In stocks of other refining companies. The compauy of Charles Pratt and H. H. Rogers was acquir ed by you in 1874?” Yes. we bought the entire concern with tho funds of the shareholders of the Standard Company or the capital shares of the Standard. Mr. Pratt and Mr. Rogers gave up the Pratt stock and later became partners of the Standard.” "Did not Mr. Pratt and Mr. Rog ers receive salaries for their work?” "I believe they did/' BOGUS $5 BILLS ABROAD IN LAND Mr. Rockefeller waa questioned closely regarding rebates which the Standard wan charged with receiving, but with the exception of the agree ment with the Pennsylvania Railroad, which Rockefeller explained gavd the Standard a rebate because It effect ed an equalization of oil shipments. Mr. Rockefeller could not recall any other rebates, though he thought It was likely that he might have heard of it at the time. "You have been prosperous • since the beginning?* ’asked Mr. Kellogg of Mr. Rockefeller, when the latter re sumed his testimony. "Yes.” He was asked about the trust agree ment of 1882 and whether the trust certificates did not show a value of $70,000,000 and that the stocks held under the agreement nn actual value of $55,710,698. Mr. Rockefeller said he believed thorn figures were cor- "The record shows thal up 1908 the ret earnings of the company were $551,922,904. What was the dividend In 1907?” ... ”1 should say about 40 per cent. "That was about $39,000,000." "That would be a million In favor of the poor old Standard," said Mr. Rockefeller. He# added that tho net earnings for 1907 were approximately $80,000,000. „ He assented to Mr. Kellogg’s fig ure* showing that the company earn- ed $490,000,000 from 1899 to 1908. Adding the earnings of 1907 would give a total earnings of $570,000,000. ST. LOUIS. Mo.. Nov. 20.—Tho appear ance in 6t. Louis of a new and dangerous counterfeit $5 bill ha* aroused secret service operatives to endeavor to stop the circulation of tho bills, and a general warning describing the bills and asking all business houses and banks to keep a close lookout for tbem, has been sent Where’s the Ri«k In Oil? •Then where does the hazard of the business come In?” asked Mr. Kellogg. "In the first place, since the first refinery was built more than fifty years ago, we ihave been prepared at any moment, day or night, to hear the fire alarm. We nre dealing w.th a very explosive product. Fires ars constantly occurring." "But your profits were above your fire losses which have been charged to profit and loss account.” "Yes. sir." Mr. Kellogg then asked Mr. Rocke feller about the Standard Oil atm ment with th* Pennsylvania Railroad In 1877, In which the Pennsylvania agreed to pay back 10 per cent of th*» freight «ale s which the Standard paid. The witness said thls^ ment followed the rate war between the northern and southern lines, and that th*re was nn agreement where by he was to equalise the amount of freight distributed between the dif ferent railroads. Large Shippers Got Rebates, Replying to a question whether the Btandard Oil Company was the only ope to get the rebate the witness said that the greater volume of business given* by the Standard was given In part for the rebate and In those days it was the custom for large shippers to receive consideration. "Did you know of the contract whereby the Standard was to obtain 20 cents a barrel In rebate on outside shipments?" ”1 mey have known of It generally at the time. 1 had nothing to do with the contract.” The wltnesa said he could not re call whether Mr. Caxtatt had testi fied that these rebate* were paid to the American Transfer Company. Mr. Rockefeller said be had no doubt that the state of Pennsylvania brought suit In 1»79 to oust the United pipe Line from the stall on the ground that It waa In cons pi r sr- with the Pennsylvania Railroad to* btaln preferential nates and drew, bsrks. He could not recall Mr. Cassatt testified th-t fb* Pennsylvania railroad paid rebates to the Btandard They Come From Chicago- Chief Wili h Issues Do- scription of Bills. Local Papers Very Partial. The managers of the campaign are also considering the abvlsablllty of printing a small newspaper in order that their side of the campaign may be placed before the public. The three local papers are showing as much or more partiality to the Mad dox side in their news columns than on their editorial pages. Everything relating to Maddox Is given great prominence, while the Woodward news is boiled down to half-statements of (beta. The idea Is to have a small circular to be Issued dally, telling all the news that Is favorable to Mr. Woodward, for free circulation. Ward organizations op behalf <if Maddox have been put In working or der, and great exertions . are being ma&e. Most of the wor kfor Woodward has been of the quiet kind. He has an nounced no campaign manager, but Walter R. Brown has general charge so far. IE CARS GROWING FEWER EACH DAY every person rled down. It la believed that , who went Into the excavation was killed Instantly or smothered drowned. Many Houses Wrecked. Fifty tenement houses on the block are In such danger of falling Into tae trench that the occupants have been ordered out by the police. The most Intense excitement pre vailed for blocks around the scene of the accident, and the streets were filled with wailing women and chil dren. Who were unable to get any word from relatives known to be In the vicinity when tho explosion came. The explosion tore the street to pieces for rods on either side and the twelve men who were working In the excavation for a big «*wer pipe, wore burled by the debris which fell In upon them and are believed to have been smothered or burned to death In the fire that followed the explosion. .* Rescuer Loses Life. President-Elect Declares no Ono Has Been Decided On HOT 8PRINOS. Vs., Nov. 26.—A gen- eral dlscusselon of affairs with Senator Scott, of West Virginia, this morning and a visit from former Senator Henry Gas* h.-iwuy Davis, of the same state, who four year* ago waa the democratic can didate for vice president. tala afternoon, were the only demand* made today on tho tlm« of tho president-elect. "I wish you would Just say that my cabinet Is not made up or slated. No one ha* been decided upon for any plaoe In It and no offers of any cabinet poll* tlons have been made to any one.’" . This waa the response of President elect Taft today to the statement from Minneapolis that FYank II. Kellogg ha4 been Invited to become attorney gem Bed Lodge Mine Is Seethirg Inferno—Death List May Be Heavy In the Taft cabinet Senator Scott eald ........ ».ie quali ties. desire* and determination of Pres)- *“ ■*’ * * ** * no heal- dent-elect Taft, thera would ba tatlon whatever In the upward trend of Period of Prosperity Predicted. 'We are going to hava a period _ great advancement and prosperity Under the administration of Judgo Taft." the senator said. Thanksgiving day here Is going to be the occasion of a genernl reunion of the BUTTE, Mont. Nor, 10.—Firs In the Northwest Improvement Osmpany's mins at Red Lodge today caused the death of six miners and entombed many others. Members of the lire department end volunteers rescued mors than 100 men many of whom were Injured or com pletsly exhausted. All will recover. Tonight It Is stated by the rescued ml nsra that at least <4 men are still In the moat dangerous part of the mine, and It Is Impossible for the rescuers to get near them at present Firs Is Terrific. The fire ta terrific. Judging from the volume of smoko and flames emitted from one entry. Coal cars and lumber are ablaxe and the damage to property will be heavy. An Iron pipe line was laid Into the and there la now a flow of water playing on the flames. The fire Itself Is said to be confined to a small area, but tha gss and smoko nave fled to the various work ings. t The company operating tha Red Lodge mines Is controlled by the Northern Paclflo railroad. Most of the miners employer are foreigners. A similar dis aster at this property In 1900 coat ths lives of eight miners. the occasion of a genernl reunion of the Tnft family. Thanksgiving dinner la to be partaken of at the home of M. E. In- E lf*, whose aon Is the husband of a UKhter of C. P. T»fL Tho C. P. Tnft fnmlly will be here, likewise Henry W. Taft and family, and Horace Taft as well as Robert. Helen and Chaa.. the three children of the president-elect and Mrs. Taft. Samuel Trout, who lived near the scene, lost his life in attempting to save a woman who was passing through Gold street at the time of the explosion and fell into a trench. Trout waa caught by the flames from tho blazing ga# main and Toast ed alive. Tho woman was dragged out of the trench and saved by a boy. Tho workmen were digging a trench through Gold street for the Installa tion of a thlrty-slx-lnch sewer pipe. Tho excavation was to bo nearly forty feet deep nnd as the laborers removed tho earth tho walls had been shored up by large timbers. With Charles Schiffmeyer, a city STATE WEAVES NET T TESTIMONY OF 8TATE 18 CON- eudy rt t. Loul These counterfeits made their first ap pearance In Chicago Nov. 6 and several hundreds have already been passed there. Tho first reported In 8t. Louis was last Probably Made In Chloago. No clew as to the persons who made or passing the bills has been obtained by the secret service men. It Is believed they are made In Chicago. Chief Wilkie, of the secret service, has sent out the following description of tho counterfeit: The bill is of the 1899 series, and tho check letter Is D. Each of tho counter feits I* numbered DI7963872. The fare plnte Is number 1164 nnd the back plate number Is 782. The signature of W. T. Vernon, registrar of tne • treasury, and Charles H. Treat, tre&aurar of the United States, appear on the face of the bill. Marked With Colored Inks. marked with rod and blue Ink In Imlta tlon of the silk fiber which Is found be tween tho two pieces of paper of which genuine money Is made. The face of the note Is very black, and the part of the script lettering that cross es the blue iml and tho denominational character la filled In b~ hand and I poorly done. Th* letter ”e” In "demand' Is not formed well. The second li "bearer’’ instead of being a loop "e” a In the genulno. fa like the reserved flgut_ "I." The "b” In "payable" looks more like an ”1" than a "b." Th* fine hair lines inside tho large fig BRAD8TREET REPORT8 EXPAN SION DOMINATING INFLUENCE 4N TRADE. Inspector of sewers, overseeing the work this forenoon, tho men were working at the bottom of th® trench when an accumulation of gas from{Xj April.28, no proposition advanced a main .whieft had been accidental^ % y Attorney Worden " In Tils opening broken during the course of tho work, exploded with -tremendous force, ■ Tho supporting timbers -were ripped d the high ' pway and NEW YORK. Nov. 20—BradatreeCs tomorrow will say: Enlargement and expansion arc stlU tho dominating In fluences In trade and Industry and tho volume of sales and of orders booked by wholesalers and manufacturers continues to show gains, -particularly In the commercial and manufacturing centers of the north, east and west Still certain evidences of Irregularity are found In the reports that ml’d weather Is restricting sales of winter goods at retail In the above sections and southern advance advices ore that Improvement In that section Is rather slower than expected, and that lo*t cotton prices and holding of that prod uct by producers are cheeking trade and collections. Idle cars ars report ed growing fewer In number rapidly. _ Schiffmeyer and hi* men A large water main also was broken by th* force of the explosion, and a perfect torrent of water, began to spurt un through the mass of wreck age. Almost side by side with Hiese geyser* roared the flames from the gas escaping from ths broken main. Many Heroio Deeds. There Is more doing In leather, and shoes aro In better Inquiry from man ufacturers, though affected by mild weather at retail. Leather h high* oil around. In wholeanlo nnd Job bing lines north, east and west, re ports aro generally that trado is ex panding that spring purchase* are In creasing. and that stocks In final dis tributors hands are light. Cotton goods are growing In demand and prices are being advanced. Fail River print cloth mills ars sold up to Jan uary 1, and cotton yams and men’s wear woolens are In better sale. Cloth ing trade reporta are Irregular be cause of weather conditions. The be ginning of the tariff hearings at Wash* Ington brings to the attention of the business community the fact that re- pany worked desperately together In gn effort to check the flow of gas and water and to relieve ’the men who had been imprisoned. There seemed little hope, however, that any of those who had *>e«n at work at the bottom of the trench could have escaped death. Nearly half an hour's work was required to reach the body of Trout, who had been burned to death on the surface of the street. The bodies of the other men are believed to be burled under tons of earth. „ , Creates Panio. The 1 explosion was followed by scenes of the most Intense excitement. Every building for blocks around had been severely shaken, and It was at first feared that serious damage had been suatalned by some of thorn. Among the buildings In the vicinity vision of some kind Is -promised s#d that congress,early In 1909, will have this matter to digest. Business failures In the United States at the week end, November It, number 272 against 267 last week, 213 In the like week of 1907. ure "5" on both the fsc# and back of a bulges upward Instead of being concave, making it much thicker than the genuine. CLEANING UP DAY IDGE CIVIC CLUB'S CRUSADE AGAIN8T FILTH BRINGS GENERAL RESPONSE. BAINBRIDOE. Oa., Nov. io—dun lin day under tha nu.plcca of tha Civic Improvement Club hu been sen. eroully responded to today. Filth of Sfty year* .tending hM.been burned. The officers of the Civic Improvement Club feel greatly encouraged and they openly assert that hitherto no dis ease will show up In this city which cleanliness can subdue. From man sion to hut ths response for “cleaning up day” has been uniformly respected. Plain notice from the Civic Improve ment Club that cleanliness of premises was desired net with bon fires from city limit to city hall, beginning yes terday. Rain bridge has benefited In calculably. The ladles of the civic club have tha congratulations of ths dirtiest dive. Louis Fletcher Hsngod. CHARLOTTE. N. C.. Nov. _ Louis Fletcher was hanged here today for the marder of Geo. Boyd In Sep tember last. Fletcher admitted his guilt. Both wi SOUTHERN DEPOT TO ROAD SUFFER8 HEAVY LOSS AT NORCROSS—100 BALES OF COT TON BURN. NORCROSfl. Ga.. Nov. 20.—The btggest fire In th* history of Norcros* occurred h ?lame* wera**2icev#r#d In ths freight together with a large amount of frelgiit r 800 bales of cotton. on me piauarm. v Citizen* helped to save.a portion of the cotton. Three freight cars were burned. There were eight freight cars on .the sidetracks. The citizens pushed five of them away and saved them. > The loes. whldh falls almost ..ntlreljr on the Southern railway. Is about 50.C trig. ^ Both men and boys aided In light- ln £h. waterworks of ths Burhaata Plow * Implement Company were used. FRANKFORT. Ky.. Nov. 2ft—The tabulation of tho official vote In the recant presidential election In Ken tucky of all counties except Johnson. In which the unofficial figures are ussd to show that the combined vote of.all the tickets except democratic Is 24C- 4$0. while the Bryan vot* Is 244.(1$, making Rryan Just 1.772 short of bav Ing a majority vote In the state. LAPORFJ, Infl.. Nov. It).—Excellent progress won made by the defense In ithe amount of testimony placed be- Ifora the Jury today In tho trial of Ray Lamphere for the murder of Mr*. 3clle Gunncss and her three children, hut aside from two witnesses to show I that tho fire at the Gunnes* house occurred at 3 o'clock In the morning I dirt walls toppled ness, will bo here to testify that he found poison In the stomachs of An drew Helgeleln and three of the four bodies found in the ruins of tho Gunncss houso. Dr. George Waa**r, who was called i an expert, was shown the teeth and brldgcwork Introduced by the state, and Identified by state witness es as having come from the mouth of Mrs. Dtlfc Gunncss. He doubted whether a gold crown In ths exhibit over was made to fit the teeth stubs to which it was said by the stats to have been attnehed. The defense tried to show that Mrs. Gunn*** might have removed ths brldgework from her mouth and plafccd it In the fire to lend the presslon that sho was burned to death. Dr. Wowier said that crowns could be removed Intact without burning away the roots, but he did not know wheth< or these were removed In that way The defense called Rtato'a Attorney Smith to the stand nnd naked him regarding a trip which ne and Roy which received nearly the full force of the shock are n large Roman Cafb. ollc church and a parochial school. Tn the Immense crowd which flocked to the scene were mothers who fear. ed that their little ones In the school building were In danger. It required nil the efforts of the police to keep the crowd back out of danger and to keep them from In terfering with the firemen and others who were endeavoring to reach the Imprisoned men. Only Four Escaped. Only four of the’men working In the excavation escaped and their es cape was remarkable. They were dig glng near the opening of a four-foot sewer and the force of the explosion blew them to tho entrance of It. Ar thur Btrand was hurled farthest and he pulled the other three men after him. Water from the broken main began to pour, Into the sewer and the four men. In danger of being drowned, started to run toward the river where there was an outlet to the sewer. The explosion shook houses blocks around. Thousands of persons were attracted to the scene. Women living In the neighborhood whose children had been on the street when the gas main blew up rushed to the scene and ran about the ex cavation wringing their hands and calling for their little ones. In many Instances they found their children aft er a brief search but a number of boys and girls hsd been taken Into a school near by end that* parents were frantic by th* time they were found. The *a* and water supply were turned off shortlv after the explosion. A force of 100 firemen was than p-it to work digging for bodies but the task was necessarily slow because of ths nature of the wreckage which had to be removed ? > W. L. Dowd Elected Secretary. COLUMBUR. G*.. Nov. 30—G. W. Bt melt men has resigned at general sec retary of the Columbus Young Men’i Christian Association and W. L. Dowd has been elected to succeed him plurality over ths Taft vote will belbama. whose abewt M74. (about a year ago Company Gats Charter Back. RICHMOND. Va.. Nov lft—The state Insurance commissioner has reinstated the Heralds of Liberty, a fraternal nl sat Ion with headquarters In Ala- was revoked CLUDED WITH STRONG ■^Attorney Worden’" In his opening statement was followed up. Court will be held tomorrow, the expecta tion being that Dr. Walter Haines, of Chicago, the defense’s main wltsj Murr made to the Warwick place to get Lamphcrn’A trunk after Lam phere'* arrest. He told the story and admitted thnt It waa taken to hll* office, where It was examined and found to bo empty. The state rested Its casa today This announcement was made when the defense finished the cross-examl nation of Deputy Sheriff Anstlsa. The state lays great stress of two points In the testimony of Anstlss— first the statement of Anstlss that Lamphere had admitted he would not deny having seen Mrs. Gunness kill Helcgetn; tho second Anstlss' state ment that Lamphere had said be would Plead guilty to arson were It not for his mother. PERSONAL BETTING DECLARED LEGAL TARIFF A UNIVERSAL GRAB GAME SAYS CHAMP CLARK IN DEFENSE '■ FREE TRADE TO PROTECT FORESTS Would Check Devastation/- By Allowing Canadian Lumber to Enter And Mrs. Gompers Is Pre sented Diamond By Fed eration DENVER, Col., Nov. 20—Approval of the convention of the American Federation of Labor was given Presi dent Gompers today by adoption of his annual report In full as presented. The report waa before th* convention for a day and ft half, and for u wlfite IS there was a vigorous discussion of some of Its contents. Tomorrow ut 10 o’olock the election of officers will bs the special order of business. All the officers will bo re-elected with the possible exception of Vice President Daniel Keefe. It Is report- BY GEORGIA’S ELEVEN 8A1D TO HAVE BEEN THE BE8T FOOT BALL GAME EVER PLAY ED ON THE GEORGIA ATHENS. Ga.. Nov. 20-Georgla defeated Davidson In the best foot ball game ever played on the Georgia campus. The teams were equally matched, but Ip the second half the ball bounded behind Davidson's line, and Davidson man was tackled be hind his line for a safety, counting two points. Tho gome ended with score of to 0. HARVARD AND YALE ON GRIDIRON TODAY NEW HAVEN. Conn., Nov. 2ft.— Laughter, song and merrymaking were tho subterfuges used In a hundred groups of collegiana In this town to night to drive away tho anxiety feit over the prospects for the great foot ball gams between Harvard and Yalo tomorrow afternoon. All day college men cams Into town to help swell tht crowd and to enjoy the excitement which Is always a setting tor ths struggle. All th« training has been done snd the rival trams were esrly sequestered In order tl it they might get a good night's rest. The men who have been picked to battle for college supremacy In the premier sport are reported to be In splendid shape. They are eager for tho opportun'ty to moaaure strength, skill, knowledge and strategy against their opponents. STOLE $1,539,423 CHICAGO, Ills., Nov. 20.—After nn examination of tbe various documents In the office* of Peter Van Vllsslngen, convicted forger of mortgages, notes and trust deeds, William C. Nlblsck, vino president of the Chicago Title and Trust Company, receiver for the Van Vllsslngen properties, today de clared that/ the forgeries amount to 91.521.421.19. Only a thorough examination of all ths papers, whloh Include-loan num bers 2,016 to 3,244 Inclusive, will dis close to the receiver and the creditors how many hava been take up by Van Vllsslngen, who Is now a convict, in tfi* broom shop in the Joliet peniten tiary. Sines Van Vllsalngsn’s confession of guilt, which startled the business world and preceded his sentence only a few hours. Van Vllsslngen has re peatedly asserted that $750,000 would cover the •INDIVIDUAL" RACE TRACK BET TING 18 UPHELD BY 8UPREME NEW YORK, Nov. 20—That per sonal, or what has been .termed "in dividual” betting. Is legal at tho race tracks In this state, was the opinion of the JutJgf h of the appellate division of the supreme court, mads public to day In a decision In the case brought by Assistant District Attorney Bldsr, of Kings county, t-» determine the 40- plication of the Agnew-Hart blU on thin point. The derision Is In favor of ths Brooklyn Jockey Club. Tho proceed ings which resulted In tho decision rendered today was a test case. Mel ville Collins was arrested for accept ing a wager at Oravosnnd race track June 16 of this year snd held for trial. Collins brought habeas corpus pro ceedings before the special term of the supremo court and hla release was ordered. In tho decision today the action of the spdMal term la upheld :n all particulars Captain end Crew 8aved. PORTSMOUTH. Eng.. Nov. Jft—The British steamer Euaton. from Mobile and Newport News for Bremen, arriv ed here today and landed tha captain and crew of ths schooner La Come, which wav abandoned waterlogged on mber 8. in latitude ~~ i forged paper which he sold SLEEPING QUARTERS BURN MOUNT CARMEL Penn.. Nov. JO— By the destruction by fire of a build ing Of the Crystal Ice Company’s storage plsnt here tndav, Adnm Coun 4. The Admlntetratlon’a Polley For th* Preservation of Forests Figured Largely in the Argument Before ths Ways snd Means Committee on Tariff Schedule—Lumber Famine Waa Presented as Prjnolpal Argu*# meat for Free Trade—Urged Thaft Every Hamlet Will Feel the Blighl of the Impending Condition in th* Lumber Industry. that the miners have decided to support Mr. Keefe for re-election, and they have tho largest vote of any union In the convention. It la also reported that Mr. Gompers will not oppose Mr. Keefe, but this cannot bo confirmed. Tho convention probability will not adjourn alne die before tomorrow night. In the report of the committee on the president's report thera was a sec tion commending tho course of the American Foderatlonlst. the official organ. Objection to this was matta by the lending socialists present. They wanted th* report amended so that n committee could be appointed to In vestlgatn the sources of Income from the Socialist party In the recent cam paign. This amendment waa desired because of nq attack on Eugene V. Debs that appeared In the FYdern tlonlst. An amendment to this was offored, to ask the socialists If they were responsible for the attacks mafle on the Federation of Labor In the so cialist press. This amendment was adopted. A debate In which a num ber of delegates took part Including Mr. Gompers, followed. * J. M. 'Barnes closed the discussion snd denied several of the charges mado by Mr. Gompers Mr. Gompers desired to spsak a second time, but Barnes objected. The convention promptly voted down tho ■oclaMsU'-amendment and - adopted ths defeated section. The remainder .of tho commute#* fsport v«» adopted without dlsruaalort. Delegate T. L. Lewis, of tha miners, Interrupted the proceedings and pre sented on behalf of the convention to President Gomners s handsome silver loving cup. and to Mrs. Gompers r diamond ring. Mr. Gompers wai overcome by the good will of the del egates and could scarcely control his feelings as he tktlUcSd the convon tlon. Ths report of the committee on sec retaries' report was adopted unanl mously without discussion. Among the resolutions adopted was one Instructing the executive cduncll to appoint a committee to Investigate Industrial education In this country snd report to the next convention. Th# convention decided to send two fraternal delegates to ths convention of the Farmers' Union. A resolution was also adopted, unan Imously commending the efforts of President Roosevelt In behalf of the conservation of natural resources. The recommendation that the fed oration erect a building suitable for Its uses at Washington, D. . C., adopted. i GEN. WESTON SUCCEEDS BRIG. GEN. FRED A. SMITH WABHINOTON. Nov. 20—MaJ.Oen , f. Weston, now In command of the Philippine forces, has been assigned to command the department of Califor nia with headquarters at Ban Fran cisco. Vice Brigadier General Fred A. Bmlth, who will be assigned to other duties. Major General W. P. Duvalt will succeed to the Philippine tnand. ' N.Y.C. ACQUITTED ON seller, his wife and child and Mon roe Hnyder, local residents, who had sleeping quarters thars, are believed to hava been burned to death. New Church Building. • LUMPKIN. Oa.. Nov. 20.—Work on the new MMhodlst church has been begun. Yesterday afternoon very Im- presslvo services were held on the grounds where the building Is to be erected. The first brick for the foun dation waa layed by Mrs. Louis* Htnic- tr, who Is In her 92d year, and Is th* oldest living member of the church. Next followed Mr*. A. F. Fort and Mrs. (J. O. Boiomon, Who were the next ojdeftt members. After thres bricks were laysd by the three young, sat njemb*r*. who ware I^mlsc Kevllle, NEW YORK, Nov. 20.—The Indict ment against the New York Central Railroad Company, charging man slaughter In ths second <Ugr*e. grow Ing out of the wreck of ths Brewster Express In this city In February, 1907, In whlrf* more than twenty persons were killed, was dismissed today upon recommendation of District Attorney Jerome. Mr. Jerome said that In view of the fact that th# government hsd been unable to convict Alfred II. Bmlth, an official of the road, against whom a similar Indictment was filed, It would bo useless to bring the pres ent case to trial. Upon this representation Justice David. In the supreme court granted tho motion and dismissed the Indict* mont. Nellie Humber and Susie Hlddatl. Bricks have been purchased for the erection of the building, and the members purpose to erect an It,000 structure. New Bank at Lumpkin, LUMPKIN. Oft.. Nov. 3ft.—The Bank of Lumpkin tins opened Its doors for business under verv flattering condi tions. Capital stock $ts,0ft0: readily subscribed and paid In. Mr. John tude IS. The shipping records do not Id. Walker, of Rparta. began the more give any records or the schooner La I ment, but wns assisted In.same by a Coma above mentioned* . I good many of our citizens, .. ENGINE TURNS TURTLE; TWO TRAINMEN KILLED TUBCUMBIA. Ala, Nov. 2ft— Albert Hchmurk, fireman, and Georg# Roberts, flagman, were burned under an engine of the Rnuthcrn railway near Tus- cumbla today, both being dead when found. The engine was running tight when It turned over. Cspt. Tip Harriton Speaks. CARROLLTON. Oa., Nov. 20—Capt Tip Harrison of Atlanta, lectured herel last night. Ills lecture was under the auvpUes of the Daughter* of theCnn fedcrary. and wan In tho Interest «»f confederate, soldiers* monument fun Capt. Harrison was Introduced l| Gen. Sampson W. Harris, of thlal _ _ place. The lecture wag well received, lulor than Dt OLDS THAT THE TARIFF CAUSED HEAVY ADVANCE WASHINGTON. Nov. 20.—”A uni versal grab game,” is the appellation 8 ven We tariff by Representative mmp Clark, of Missouri, today ut the hearing before the ways >v*d means committee on the tariff soitfd,-. ePM ule for wood and wood manufactureV The administration's policy for Hi* > preservation of the foresta ilgui .l largely In the argument today. Several lumbermen said they want- j sd a protective tariff on lumber be cause other articles ore protected by present* law. This called forth Hie term of "grab” from Mr. Clark. Rep resentative Houtell, of Illinois. a*rert~ ed. In defense of a protective tariff, that fthe government must secure $300,000,000 In revenue and that, as a result, some Industries must bo pro tected. Free Trade to Protect Timber Lands. That free trade for lumber would tend to prevent the devastation of the American timber lands was the opin ion expressed by Mr; Clark, who salt* that ft didn’t matter If Canada de vastated her forests. Mr. Houtell argued that tho Ameri can forests would have to supply the lumber of the country If tho Canadian forest* aro dpvastafad s that some broader scfio tariff should ho adopted Ing tho United State* and Canada. Blight of Famine to Be Feit. "We have already oroe**-d the venrM f h timber famine, so eovere that Its Wight will be felt la every ham let," said Theodore M. Knnrpen. oe Minneapolis. Minn., at .today’s hear ing. "In five years every saw mill ii» Minneapolis will be abandoned, yet this Industry In its prlmo omploye.fi 6,000 to 10,000 men In thut < :ty slnne." If* spWco for a repeal of the duVv on timber, saying that American la bor had notftlng to fear from fi trade. No Monopoly Ini Lumber Buslaeva. A. R. Rogers, of Mlnne&pniiii, Minn., who appeared In favor of free entry of lumber, said ho did not be lieve th*r* was a monopoly In the lumber business. ' ; I “What Is It that Has caused the enormous advance In the prloe of lumber?” asked Representative Chamn Clark, of Mlssnurh “Tbyre are several reasons,'’ replle.t Mr. Rogers, "but tho principal ono is to mnko morn money.” If tlm Canadian nnd suggested, uini* than th<* I'd for WOODWARD GETS DIG OVATION. Intense Enthusiasm Preveils at Kimball Jlouse Meeting Last Night ■ATLANTA, a»., Nov. 20-JBet, m six and sevsn hundred men throe g*<t the Kimball House tonight to give an other ovation to James G. Woodward* candidate for mayor. The meeting was presided avm by, Walter R. Brown, and tho enthutfiisna was Intense. More than a dozen, i ov-. ersl of whom are prominent orgablxetf labor leaden, spoke. Mr. Woodward was present and) spoke, saying that h* It confle.lentl of election. Ward committees arere* announced snd active systematic s ork begins tomorrow. Ward meetings were held In Tarloua portions of the city by the Maddox* forces and they wore well atteigHedV BIGGEST DISTILLERY HAS NARROW ESCAPE LOUISVILE. Ky., Nov. 20-r>*o«efv® action by employes of the Molwoodl Distillery Company saved one oC ths biggest distilleries in the world frons destruction by fire this aftermwwv. Am It was, Oie fire destroyed the oattla, pens, entailing r - - - FINAL TRIAL OF MONTANA DEFERRED TILL DEC. 18 NORFOLK. Va.. Nov. 20—The final official trial trip of tho United St steal armored cruller Montana has been de-» fern d until December 18th on account of Uocktng^H Th* North Carolina and Mnotanst were scheduled <*> sail about Docerabea 1st with the new Atlantic ileet for ■* Mediterranean waters to meet th#> homo-coming battleship fleet now left the Orient. It is announced that the North Cfcro* Una also is to b« «R*«-k.-l and tba^ her dcpart.n from Norfolk wiU uber iltfct