Atlanta tri-weekly journal. (Atlanta, GA.) 1920-19??, June 01, 1920, Image 1

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Wi-wteWto Journal VOL. XXII. NO. 83. Fall Urges Recognition of Mexico Be Withheld M'MOO AND COX ARE LOOMING LMGE IS DEMOCRATIC CHOICE Vice President Marshall is Man to Be Watched by Their Backers, Says The odore Tiller (The Atlanta Journal News Bureau, 623 Riggs Building.) BY THEODORE TIX.Z.ER WASHINGTON, May 29.—As the conventions have drawn a week near er it looks more than ever like Mc- Adoo and Cox as the Democratic ticket, with Vice President Marshal the man to be watched by the Mc- Adoo forces, while the Republican situation is one of chaos bickering, money-spending and intense faction- ■ ‘ alism. McAdoo, according to the testi- ' mony before the senate campaign i expense investigating committee, has | played the shrewdest political game of all the candidates. He has re sisted every effort of insistent and powerful friends to force him into the open as a presidential candidate. The investigating committee nas been unable as yet to put its finger on either McAdoo propaganda or a McAdoo campaign chest, although there is hearsay testimony of an tin- • derwriting syndicate willing to back McAdoo for five or ten millions. . Yet the McAdoo talk continues and the confidence of McAdoo backers, men without organization but wire pullers who are doing everything possible in a quiet way, is remark able. They are absolutely certain plat it is going to be a w'a.lk away for McAdoo at San and that it is only a question of getting some good man like Governor Cox on the end of the ticket. Much Marshall Talk Nevertheless, Vice President Mar shall, as previously forecast in this correspondence, is not to be put out of the situation entirely. One hears a great deal of conservative discus sion of Marshall and his old-fashion ed Democracy about both ends of the capitol. There are reports that are unconfirmed, but possessing plausi bility, that several big delegations are for Marshall at heart. Politicians point to a quiet conference between Thomas Taggart, the reputed In diana boss, and Charles Murphy, the Tammany chieftain. New York is said to be cold to McAdoo because he didn't always please the state organization in patronage matters. Indiana, or course, has a local pride in Toni Marshall. If Illinois can be brought into a Marshall combination a big block of delegates would swing to Marshall at the right time. What Illinois may do is more uncertain than in former years because of the recent death of Roger Sullivan, who was the Democratic warwick of the state. On the surface of things, however, McAdob seems easily to have the best of the strategic situation. Senti ment for him is not a manufactured, sentiment. Yet everybody seems to be talking and thinking that the Democratic convention is going to become a McAdoo affair after a few ballots. McAdoo Stops Boom Augus AV. McLean, national com mitteeman from North Carolina, and one of the original McAdoo boosters, told the senate committee that he knew of no McAdoo organization or fund. Mr. McAdoo, he said, had checkmated every effort made by his friends, including McLean, Daniel C. .Roper, Bernard M. Baruch, Robert W. Wooley and other Democratic poli ticians to get him out into the po litical open. • "We decided to start a movement for him anyway,” said McLean, “and had a little dinner where it was dis cussed. The next day McAdoo was tipped off about the dinner, and he telephoned Mr. Roper to stop the movement and not to circulate litera ture even. I never saw a man take such an attitude in politics.” ‘'Looks to me like this is pretty good politics,” commented a com mittee member. “Well, I don’t know,” said Mc- Lean. “We thought we ought to take the bull by the hoims and force him in. But it seems it McAdoo is nominated he will have to be drafted.” Senator Reed said he was glad to find somebody who wasn’t running for president and was permitting the nomination to seek the man. Wood Probably Hurt The senate investigations probably have hurt to a considerable extent the Republican candidacy of General Leonard XVood. It has been shown tnat he has a campaign barrel of great proportions and that on e con tributor, Colonel William C. Procter, the Cincinnati soap manufacturer advanced a million dollars to the Wood fund. Procter said other contributions would be something less than a half million, but it seems Wood has had pre-convention funds around a million or more and the committee still is bringing m a few thousands here and there. Senator Hiram Johnson so far has escaped the charge of large expendi tures. Governor Lowden, of Illinois has spent more than $400,100 but furnished most of the money him self—about $380,000. The candidacy of Attorney General Palmer also has been 'Checked a bit by the senate inquiry, according to Washington belief. While Mr. Palmer has not had a vast fund, the committee is making capital of the fact that nine of his contributors were men whom Palmer has given office Os some kind while he was alien property custodian. In the ma jority of instances these men were named directors on German corpora tions seized by the government and operated for a time by the alien property custodian. Palmer’s campaign manager, C. C. Carlin, also testified that he was an attorney for a Pittsburg steel mag nate who personally was accused of evading federal tax payments to the extent of about $1,500,000, while his steel company was accused of tax frauds of nearly ten millions. To Probe Beeper The committee seemed inclined to link these facts with the possibility that the department of justice ought to prosecute, but Carlin said his con nection was purely a professional one as he was a practicing attorney. The treasurer of the Palmer cam paign testified that he had been named an attorney on Palmer’s rec ommendation for four German com panies seized by the alien property custodian. One fee was $15,000. The others were not announced at the hearing. Senator Kenyon said the commit tee intended to go further into the Palmer campaign and ascertain how many of Palmer’s personal friends and Democratic politicians had been named as attorneys or board direc tors of German corporations which ■were taken over and later sold by the alien property custodian. While nothing grossly wrong is charged, members of the committee appeared critical of the fact that this patronage had been spread around among Palmer’s friends and that Smallest Mayor Has Biggest Job i TH rAir i i JHII' I |HH JH- !■ 11? Bw Jr 1 W Isadore Bernstein, the newly elected “Mayor” of Universal City, Cal., the movie town, is the Smallest and most highly paid chief executive in the world. "Bernie” isn’t a sizeable mayor. He wouldn’t weigh 120 pounds sop ping\ wet, but he’s heavy enough above the neck to hold the biggest job of its kind in the movie game. He draws down $50,000 a year. Under his direction come the activ ities of between twenty and forty producing companies, each employing anywhere from ten to 2,000 people.- Besides he has to straighten out the kinks of all the other departments that go to make up the “biggest in dustry in America.” "Mayor” Bernstein got elected by one vote, but that vote was a big majority. It was cast by Carl Laemmle, president of the Universal. ATLANTIANAND SAVANNAH GIRL PERISH IN SEA SAVANNAH, Ga., May 31.—Miss Marguerite Fitch, of Savannah, ste nographer in the office of the United States district attorney, and secre tary to the Savannah Business and Professional Woman’s club, was drowned at St. Simon’s Island Sun day while trying to save the life of Mr. Ed H. Jewett, of Atlanta, who was also drowned. Miss Fitch and Miss Adeline Nelson, of Atlanta, were in a canoe near Swach’s channel when they heard Mr. Jewett crying for help. Miss Fitch jumped over board to save him and they were both drowned. Mr. Jewett lived at 12 Ponce de Leon Place, Atlanta. He had gone to St. Simons to prepare a cottage for himself and his brother. Miss Nelson, who remained in the canoe, came to Savannah this morn ing to tell of the drowning of her companion. She is a sister of Mrs. Lucian Knight, who has a cottage at St. Simon’s. Miss Fitch formerly lived in Rome. CAMPAIGN PROBE ’ HEARINGS TO BE RESUMED TUESDAY WASHINGTON, May 31.—The sen ate investigation of pre-convention expenditures and pledges in the pres idential campaign which was sus pended until tomorrow is expected to bring further inquiry into the can didacy of W. G. McAdoo, on the Democratic side and cover also the primary campaign in California for Herbert Hoover. z Inquiries into the state and na tional expenditures in behalf of Sen ator Johnson also will be made. Sub poenaes have been sent for various witnesses, the supposition being that the committee desires more light on the Wood campaign. Germany Has Had Her Fill of War, Declares Chancellor Mueller BERLIN, May 31.—Sjeaking at a somewhat stormy meeting in Mun ich on Saturday, Chancellor Mueller declared to a cheering crowd that on June 6, the day of the German presidential election, it would be Germany’s business to attest, the fact “that she has had enough of war for all eternity and that no fool,- crowned or uncrowned, shall drag Germany'into. a war of re venage,” accordin gto a report of his address in The Tageblatt today. “Foreigners.” continued Dr. Muel ler. "have told me . they could not believe it possible that the frame of mind of the German peo ple could be changed in so short a time, but after the Kapp coup even the entente military officers admitted to me their conviction that we had become truly Demo cratic.” The chancellor referred to the coming conference at Spa as the first ray of hope which Germany could entertain that the extremists realize the impossibility, of keeping Germany down economically and politically and at the same time de manding extreme amounts in rep aration. nine of them now were contributors to his presidential campaign fund. Next week’s session of the investi gation committee promises to go fur ther into all campaigns and what is done at Chicago and San Fransisco. may be influenced to a great extent by the full revelations of the sen ate investigating committee. Any way, this seems to be an expensive political year and the campaign chests are bulging. COCA-COLA CASE DISMISSED FROM STATE COURTS Attorneys for Plaintiffs De clare That Litigation Will Be Taken to Federal Court for Quicker Decision The injunction proceedings insti tuted by the Coca-Cola Bottling com panies against the Coca-Cola com pany, of Delaware, involving the al leged perpetuity of the contracts un der wrich the bottlers heretofore have enjoyed the exclusive right to the sale of Coca-Cola syrup to actual bottling plants, was dismissed by Judge John T. Pendleton, in the Ful ton superior court, Monday morning. The case has been on trial for nearly three -weeks and the order of dis missal, which was signed at the in stance of counsel for the bottlers, came with an unexpected suddenness that took the defendant company by surprise. Counsel for the bottlers announced, following the dismissal of the litiga tion, that the proceedings would be reinstituted in the federal courts They gave as their reason for with drawing their suits, resulting in the dismissal order, that federal ques tions had been injected by the de fendant company, and that the ter mination of the litigation would be expedited by taking it immediately to the federal jurisdiction. Specifically, counsel for the bot tlers explained, the Coca-Cola com pany. of Delaware, in its original answer and amendments subsequent ly filed, raise the point that the contracts in dispute are in violation of the Clayton anti-trust law, and that the question is one for the fed eral courts to decide. Counsel for the ■ defendant Coca Cola company, following the unex pected ending of the litigation, gave out a formal statement, in which they declared 'that the original ‘notice of termination of the con tracts given by the Coca-Cola com pany (to the bottlers) has. become effectual.” Contract Ceases In other words the relations be tween the Coca-Cola Company and the two parent bottling companies, which have been in existence for many years, has ceased, and here after the Coca-Cola z company, in stead of dealing with the so-called parent bottlers, will deal directly with the actual bottlers of the syrup. The formal announcement of the Coca-Cola company follows: “The effect of the dismissal of their bills by the Coca-Cola Bottling companies is, that the notice of ter mination of the,contracts given by the Coca-Cola company has become effectual. "It is the purpose, howeveri of the Coca-Cola company to take care of the actual bottlers in some equita ble, just and fairway, and just as soon as it is possible to do so will open negotiations with them with that end in view. In the meantime, the Coca-Cola company will arrange to continue to furnish syrup to the actual bottlers on the terms which were provided in the modified order which was passed in the cases be fore they were dismissed. "Neither the Coca-Cola company nor its counsel had any intimation of the purpose of the plaintiffs to dis miss the suits this morning, but we understand from the statements made by plaintiffs' cotinsel that they propose to renew the contest in some other forum. "The statement made by plaintiffs’ counsel that defendant had raised a federal question which would have to be ultimately tried by the federal courts, which was announced as the reason why the cases were dismiss ed, has reference, we suppose, to one of the defenses made by the Coca-Cola company, which was, that while the Coca-Cola company denied that the plaintiffs had properly construed the contracts between the bottling com panies and the Coca-Cola company, if they were construed as the plain tiffs contended, they would, in that event, be in restraint of trade, and, therefore, void. The defendants did not plead that the contracts, as the defendants construe them, are in re straint of trade, and does not thiak so. "The defense with reference to the question of restraint of trade was in the original pleadings in the case, and the amendment, which elaborat ed upon it some, was filed before plaintiffs had completed their evi dence, so that the plaintiffs have had notice of this defense from the be ginning.” Origin of Ditigation The litigation was instituted sev eral weeks ago by The Coca-Cola Bottling company and Coca-Cola Bot tling company, following lengthy ne gotiations between these concerns and the These negotiations jesufred in the issuance of formal notice by tne syrup manu facturer of its purpose to terminate its contracts with the bottling com panies as of date of May 1. The bot tlers contended that their contracts with the Delaware corporation were perpetual and not subject to termina tion at will. The bottling companies secured temporary injunctions in the state courts, restraining the Delaware cor poration from terminating the con tracts or selling the syrup for bot tling purposes to any one else or from engaging itself in the bottling of Coca-Cola syrup. Subsequently the bottlers filed a supplemental bill in which they claimed an equitable right in the trade mark, trade name and formula of bottled Coca-Cola. During the pendency of the suits and before the hearing in court, a vast lot of evidence was taken be fore Commissioner Harvey L. Parry. (Continued on Page 6, Column 5) ATLANTA, GA., TUESDAY, JUNE 1, 1920. CONTEST HEARINGS ATCHICAGOTHROWN OPENTOTIIE PUBLIC Georgia Faction Occupy Limelight as Republican Committee Meets Ala bama Contest Abandoned CHICAGO, May 31. —By unanimous vote the Republican national, commit tee's first action today was to throw open the hearings on contested dele gations. It was decided to take up contests in the alphabetical order of states. The committee was ready to go ahead hearing contests when it as sembled, but some delegations and their attorneys were delayed by late trains, and the committee men went on with other business while wait ing. Many of the contesting negro dele gations from the southern states were on hand early, even before the doors were opened. Chairman Hays was an early arrival. Frank B. Hitchcock also was on hand early, and had a series of conferences with committeemen and contestants. He had nothing to say concerning a meet ing of Wood managers called for to night, at which it is understood the differences in the Wpod forces are to be taken up and Mr. Hitchcock’s fu ture connection with the general’s candidacy decided. The arrival of John T. King, of Connecticut, bear ing the proxy of Senator Penrose, of Pennsylvania, has added more speculation to the general discussion of the Wood managers’ plans. The first contest to come before the Republican national committee, that from the Fourth district of Ala bama, was abandoned when the com mittee called it. The contestant, W. H. Mixon, of Selma, Ala., made no appearance. The regularly certified delegate, J. B. Atkinson, of/ Clanton, was seated. Mixon was reported to favor the Wood candidacy. Oliver D. Street, AlabaiSa commit tee member, told the committee that the Mixon contest was “made out of whole cloth,” and in the failure of contestant to press the case the com mittee adopted unanimously a mo tion dismissing the contest. The hearing of contests was reached sooner than expected. Pre liminary business was quickly dis posed of apd the committee adopted a rule that a national committee man’s proxy must be held within his own state. In the Arkansas contest the com mittee decided unanimously to seat the regularly reported delegates at large, headed by H. L. Remmel, of Little Rock. The unsuccessful con testants were headed by E. C. Mor ris, a negro of Helena. The question of what to do with the surplus delegates was post poned. Consideration of the contests in the three Arkansas districts was set to come up later today. Ge ovgia Contest As usual in past converftions vir tually all the contests originate be tween 'Lily White” and 'Black and Tan” groups in southern states. In the alphabetical order in which |hcy will be heard the other contests are: Arkansas; Seven of the state’s thirteen seats are in dispute between white and “black and tan” groups. Florida: Three complete sets of delegates, "Lilly White,” "black and tan,” and “regular” are fighting for the state’s eight seats. Georgia: Fifteen of seventeen seats are in dispute in what prom ises to be the most bitterly fought of all the contests, with direct is sues between the Lowden and Wood forces. The . "black and tan” con vention elected a complete delega tion headed by Henry Lincoln John son, of Atlanta. They were listed officially as unpledged, but Gover nor Lowden’s campaign manager testified he sent $9,000 of Lowden money -> Johnson. The Wood -up, headed by Roscoe Pickett, later elected fifteen delegates. Frank Hitchcock, one of the Wood man agers, told the senate committee he sent SIO,OOO to Pickett when it was reported “the opposition was spend ing considerable money.” Louisiana: All twelve seats are contested by whites and “black and tans.” Minnesota: Two of the state’s twenty-four seats are at stake. Mississippi: All twelve seats are contested, with one delegation pledged to General Wood. Frank Hitchcock told the senate • committee that in his opinion the Wood delegation was illegal.” Missouri: Two seats contested. North Carolina: Seventeen out of twenty-two seats contested, with the Whites pledged to Judge Pritchard. Oklahoma: Six seats in dispute, with some of the contestants favor ing Lowden and others Wood. South Carolina: All eleven seats contested by the "regulars” and the “unio” tublican party.” a negro faction. Tennessee: Two seats in t}ie Sixth and Tenth districts at stake, with Wood partisans involved in both. Texas: All twenty-three seats con tested along racial lines. Virginia: All fifteen seats contest ed by “Lily Whites” and “black and tans,” with extra contests filed from the Third and Eighth districts. District of Columbia: Three sets of delegates, one said to favor Gen eral Wood and the other two un pledged, contesting for the district's two seats. “Pussyfoot” Johnson To Speak in Atlanta Atlanta will be included in the I itinerary of William E. (Pussyfoot? | Johnson, who now is touring the I United States in the interest of the prohibition movement, according tq •an announcement issued by the local | branch of the Anti-Saloon league. Mr. Johnson will speak in Atlanta on July 27. Eighty-five cities will be included in Mr. Johnson’s lecture tbur, after which he wil take a short vacation and then return to England to re sume the Anti-Saloon league’s fight for world-wide prohibition. CLERICAL WORKERS OF J. C. L. RETURN TO PLACES MONDAY Clerks at Three Points of Central Railroad Also Back at Work Southern Em ployes Meet The calling off of the sympathetic strike of clerical workers on the At lantic Coast Line by the head of the national brotherhood, the return to work of clerks at three points on the Central of Georgia system, two meetings of Southern railway clerks In Atlanta for the presumable pur pose of considering a return to work, and walk-outs of clerks on four lead ing lines at Montgomery, Ala., were reported Monday in connection with the strike situation. A practical tie-up of freight .on four of the Atlanta roads involved continued Monday, while the other three roads affected were said to be handling traffic as usual. No clerks had returned to work in Atlanta Monday, it was stated, except on the Atlanta, Birmingham and Atlantic, whose officials said employees were coming back here and at nearly all other points. A dispatch from Montgomery stat ed that E. H. Fitzgerald, of Cincin nati, grand president of the clerks’ brotherhood, had notified all general managers of the Atlantic Coast Line railway that clerks on this line -who had joined the sympathetic strike put into effect last week had been ordered back. The message did not make clear whether or not this order applied to any road other than the Coast Line- and officials of Atlanta roads had received no similar ad vices from the brotherhood chief. Grand Vice President J. W. Nelson, in of the situation for the strikers, could not be seen at the time the Montgomery dispatch was received. < New Clerks on Hand Officials of the Southern railway stated Monday that their clerks had held a meeting at 9 o’clock in the morning and were to hold another during the day. No definite infor mation as to the object of the meet ings or the results thereof were available at the time this edition went to press. The local head of the brotherhood stated that hb had heard nothing of the meetings. All Atlanta clerks were "still in the street,” he claimed./ M. B. Smith, general superintend ent of the Central of Georgia rail way, on which road the original con troversary originated two weeks ago, received a message from Vice President and General Manager L. A. Downs Mondgy stating that all clerks on strike at Eufaula and Do than, Ala., and Albany, Ga.. were back on the job Monday morning. No Atlanta clerks had returned, but more new employes were on han-d Monday morning here than were needed, he said. No Further Negotiations In accordance with notice served on railroad officials Sunday, approx-' imately 150 clerks of the Atlantic Coast Line, Western Railway of Ala bama and Atlanta and West Point railway did not show up for work Monday at Montgomery, dispatches stated. Word that Seaboard Air Line and the Louisville and Nashville clerks had taken the same action reached the Atlanta office of the Cen tral of Georgia Monday. No steps of any kind toward fur ther were under way. Mr. Nelson, for the brotherhood, stated he was willing to consider of fers from outside sources, but that he did not intend to take the initia tive. He ridiculed the idea that he might be displaced by the national (Continued on Page 6, Column 5) America’s Greatest Writers David Lawrence _ rv^n *s• Cobb jly Dorothy Dix Ring W. Lardner Ex-President WM William H. Tass Ring W. Lardner Irvin S. Cobb Will cover the political conventions at Chicago and San Francisco for The Atlanta Tri-Weekly Journal The ASSOCIATED PRESS and the UNITED PRESS, the two largest news gathering agencies of the world, will flash to us over leased wires the momentous events as they occur in the national gatherings of both the Democratic and Republican parties. In addition to this galaxy ot Stars, news of GEORGIA and GEORGIANS will be completely covered bv THE JOURNAL’S OWN STAFF REPORTER. You will see every angle of both Conventions by reading THE JOURNAL. Oldest “Central” Rings Off B. ifp- Y Ik HKIP. rHBi EL./2A 9 Mrs. Elizabeth Andrews, England’s oldest telephone exchange "girl,” has said good-bye to "hello.” At the age of eighty, after twenty-one years on the board, she has just sent her resignation in. Her hearing is still good and she blames her retirement on poor eyesight. FRENCH HONOR ' U. S. DEAD ON MEMORIAL DAY PARIS, May 31.—Reports of Me morial day exercises held yesterday throughout France, where American soldiers or sailors were buried are given much space by today’s news papers. French people entered with enthusiasm into the ceremonies and formed processions to cemeteries, where graves were decorated with garlands. “France showed yesterday,” said the Petit Parisien. "that she places her own children and the sons of the great American republic fallen on her soil in the same category.” General Allen, commanding the Americans on the Rhine, sent every available soldier back' into France in detachments to visit the various scattered cemeteries. The principal ceremonies were at Suresnes, where Ambassador Wallace and Marshal Petain, commander in chief of the French armies, deliv ered addresses in memory of the dead, followed by a volley from a platoon. Other ceremonies went on at Toul, Thiaucourt. Fere-on-Tardenois, Fla mes, Neufchateau, Contrexeville, Vit-, tel, Lemans, St. Nazaire, Dijon,. Is sur-Tille, Langres, Rouen, Chalons sur-Marne, Tours, Nevers, Mesves, St. Maixens. Juvigny, Bordeaux, Mar seilles, Le Havre, La Rochelle, Nan tes and Lyons. At every ceremony the French peo ple turned out in their thousands, trudging along dusty roads to bare their heads and pray over the graves of their American friends. It was noteworthy that children were so numerous, almost every child carry ing a wreath furnished by the Red Cross or a simple bouquet of wild flowers plucked from the woods and fields over which the Americans toil ed and fought. The Red Cross in Paris mobilized a motor convoy system which carried most of the American colony to the near-by cemeteries. At Brest, besides decorating the graves, the French erected a huge memorial centopath to the American sailors buried there. At Marseilles the merchant sailors in port joined the American colony in the ceremo nies at the request of the G. A. R., and Cleveland Coxe placed a wreath) on the Lafayette memorial. More than 1,000,000 francs was raised by the Paris American colony which was spent for more than 70,- 000 wreaths, or one to a grave. The wreaths were distributed in time for today’s services. Scents a copy. $1,50 A YEAR. FAILURE TO PROTECT AMERICANS WOULD BRING INTERVENTION Foreign Relations Commit tee Directs That Report Be Presented to the Senate 1 WASHINGTON, May 31.—Recom | mendation that full recognition of i the Mexican government be withheld I until an'agreement to revise the con stitution of 1917 in the form of a treaty is entered into, was made by Senator Fall to the foreign relations ' committee today in his report of the subcommittee which has been inves tigating conditions in Mexico. Should the Mexican government re fuse to accede to such a condition of recognition it was suggested that the American government renew the notice that it would hold “to a defi nite reckoning” those in Mexico re sponsible for the sufferings and losses sustained by American citizens. Failure of the Mexican government to restore order and peace in Mexico and effectively to protect American citizens would be followed in the plan suggested by the subcommittee, by ® the dispatch of an armed force into | that country "to open and maintain s open, every line of communication j between the City of Mexico and ev t ery seaport and every border port of Mexico.” It was recommended that Governor de La Huerta, now president ad in terim of Mexico, should not be rec ognized until it was assured that his selection was approved by the Mexican people and until it was shown that his administration was of a stable character and was dis posed to comply with the rules of In ternational comity and the obliga tions of treaties. After receiving the report the for eign relations committee directed Senator Fall to present it to the sen i ate and the senator planned to do I this later In the day. Should. Bequest Assistance "In giving notice that we are I not warring upon the Mexican peo ' pie,” the committee’s report added, 1 "we should request their assistance; or at least that they refrain from joining any armed bands in any at tacks upon our troops or forces whose purpose would simply be the restoration of peace and order; pro tection of our citizens; protection of Mexican citizens; restoration of American citizens to their proper ties; the affording of opportunity of opening of mines, fields and fac tories, and land, the affording of opportunity for the Mexican people themselves, in whatsoever manner they desire to constitute \a Mexican government of serious, competent, honest and honorable men who will meet the world upon a friendly ground and bind themselves to deal with other people as they themselves would be dealt with.” The outstanding feature of the agreement which the committee rec ommends should be the basis for the proposed treaty betwen the United States and Mexico is that constitu tion of 1857 be substituted for that of 1917. The committee also pro poses that Mexico agree that none of the provisions of the new con stitution commonly regarded as con fiscatory should in any event apply to American citizens, that the restriction against the work of anv minister of the gospel or any relig ious body in that country should be •j removed and that the article pro / viding for the expulsion of unde sirable foreigners, known under thi old constitution as “article 33,” be revised or eliminated. Follow One Follcy The report ( covers . some 5,000 pages, and includes evidence taken by the committee at hearings in Washington, New York and along th Mexican border as well as docu mentary evidence to support charges made by witnesses. The committee points out that a new regime has come into power in Mexico, and says: "We should first follow one policy, viz.: I "(A) Wait before recognizing Gov ernor de Ja Huerta as president of Mexico until it shall be assured that is election is approved by the Mex ican people and that his administra tion possessed a stability to endure and of the disposition to comply with the rules of international comity and ' the obligations of treaties. i "(B) We should let every one who I assumes to exercise authority in any I part of Mexico know in the most unequivocal way that we shall vig ilantly watch the fortunes of those Americans who cannot get away, and shall hold those responsible for their sufferings and losses to a definite recokning. That can be and will be made plain beyond the possibility of a misunderstanding. (President Wil son’s Wilson’s address to congress on Mexican conditions. August 27, 1913.) First Duty of Government “(C) Repeat to the Mexicans now what Evarts said in 1878: “ ‘The first duty or a government is to protect life and property. This is a paramount obligation. For this governments are instituted, and gov- neglecting or failing to perform it become worse than use less. This duty the government of the United States has determined to perform to the extent of tis power toward its citizens on the border. It is not solicitous: it never has been, about the methods or ways in which that protection shall be accomplished, whether by formal treaty stipulation or by informal convention; whether by the action of judicial tribunals or that of military forces. Protection, in fact, to American lives and proper ty is the sole -f»oint upon which the United States are tenacious.’ “Then if satisfied as to (A) recog nize De la Huerta (or successor) upon conditions , plainly expressed and affirmatively'accepted, that: “Article 130 of the constitution of 1917 shall not apply to Auyejrlcah mis sionaries, preachers, minister's, teach ers or American schools;' nor to American periodicals, but that Amer ican 'missionaries, ministers and teachers shall be allowed freely to enter, pass through and reside in Mexico, there to freely reside, preach, teach and write,- and hold property and conduct schools without inter ferenlee by the authorities so long as such ministers, teachers or mis sionaries do not participate in Mex ican politics or revolutions.