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SCRANTON, PA., WEDNESDAY MOUSING, DECEMBER 10, 1002.
TWELVE PAGES TWO CENTS.
MJT UV-' "i"' 'K 'V 'V,-' - '-.-jr-,nM,Jri"
"SSIt2!I?'iKWMSiferafl(ClGSS'iK3wC 'Bfi
PRESIDENT
An Eloquent Address Delivered at
the Banquet In Honor of
Justice Marian.
BRILLIANT FUNCTION
IN WASHINGTON
A Dinner Is Given by the Bar of tho
Supremo Court of the United States
to Mr. Justice John Marshall Har
lan in Recognition of tho Comple
tion of Twcnty-flve Years of Ser
vice on the Bench Hon. Wayne
MacVeagh Presides Other; Speak
ers. Bj Extluiive Wire from The AssociateJ Presi
Washington, Dec. 0. The dinner by
the bar of the Supreme court, of the
United States at tho now Wlllnrd hotel
UmlRht to Mr. Justice John Marshall
Harlan, In recognition of tho comple
tion of twenty-live years ol service on
tho bench, was a. brilliant function.
In the absence, of Attorney General
Knox, Mr. Wayne MneVcagh presided.
When tho guests had been seated,
grncu was said by the Rev. Richard
Harlan, of Lake Falls, Ills., oldest son
of the justice, who had come to Wash
ington especially for tho occasion. Jus
tice Harlan was In his happiest mood
and gave every evidence of his appre
ciation of the honor conferred upon
h'tii
A hidden orchestra played popular
si'rs throughout the evening,
Interest In the banquet outside of
Justhf Harlan centered, in President
w-.'-.i.-.L Tltt? ni'pli.,,1 cl.nit1. .iflv.1.
llVl.i-V. VU. l.M .1. ...... illlUI U,l . . .V. 1
!i 30 was the signal for n great out- I
burst. Tho president warmly congratu
lated Justice Harlan, grasping him by
i oth hands, before taking his seat.
Those at the banquet included mem
bers of the cabinet, several senators
and renresentatlves, members of the
Supreme 'ourt of the United States,
the ennrf nf cl-iims nnrl Mif lnfml nniirlK
and qui to a number of eminent lawyera
ironi outside thv,eily.
' President lloosevelt's Address.
When the' time for speechniuklng ar
rived. Wayne MacVcagh, in a few ap
propriate remarks, Introduced the presl
chnt who spoke as follows:
Mr. Chairman and gentlemen.
II is a peculiar privilege to bo hero
tonight as one of those gathered to do
homago to a career which has honored
Ameiica (Loud uppluUM)).
It Is difficult to say certain ol the
truths which nicst need bo said without
being guilty of truisms in Mijlng them.
It Is not an Idle lo.st of this country
when wo speak of tho emu t upon which
Mr. Justice. Harlan sits as the most illus
trious and Important in all the civilized
world. (Applause). It la not merely our
own people who say that it Is the verdict
of other nations as well.
Mr. Justice Harlan has served for a
quarter of a century on that court. Dur
ing that time ho has exercised an Inllu
enco over tho judicial statesmanship of
the country of a kind such as Is possible
only under our own form of government.
(Appluuse.) For tho judges of the .Su
preme court of tho land must bo not,
only great Jurists, but they must bo
great coiistmetivo statesmen (applause);
and tho truth of what 1 say Is illustrated
by every study of Ameiicau statesman
bhlp. for not in ono serious study of
American political life will It bo possible
tp omit tho Immediate part played by
tbo Supicme court in tho creation, not
merely tho modification, of lb" groat pol
icies through and by means of which tho
country has moved on to hor present po
sition. (Applause), Thrice fortunate is
tho court when it has as one of Its mem
bers a member who lias played a greater
part in other spheres of our composite
life, Mr. Justice Harlan came from Ken
tucky, a state in which the patriotism of
tho people w.is put to so peculiar a test
in the Civil war. In tbo states of tho
lartl or north It was easy for the man to
make up his mind on which sidu ho
would unshcath his sword. In tho states
of the. farther south It was equally easy.
.'In Kentucky tho task was a difficult ono.
1 remember, Mr. Justice, being told by nn
American who was n staunch friend of
yoiiis, and ono of tho greatest lawyers
and most patriotic citizens whom this
country had John Mason iirowu--thnt ho
cmiKi back from a tr'p from tho west as
a young man nf HI, just at tho tlmo of tho
outbreak of tho Civil war, just niter Sum
ter hail been Hied upon, and hl3 mother
biought down to him tho sword that hi.1,
father had carried In tho Mexican war,
and s;.ld to him:
' My son, this Is tho sword your father
carried, t nope you will draw It on tn
ruin that defends the Hag for which your
father fought, but for ono sld" or the
oilier' draw you must." Appbuisc). In
imy iiudleneo In any state of ho union
take it as far north as you wish, I can
nppeal with confidence to (ho people I
address when I say that next lo tbo
Jinmagowo imy to tho men who proved
tho triitn of iheir endeavor as thoy bat
tled In the blue uniform la tho homago
wo pay In tho men, who, with eqnnl sin
cerity with equal devotion to tho right
as It was given them to sen thu right,
wore tho grey. (Loud and continuous ap.
pl.iuse), And nouo pay lhat tribute of i -gard
s-n frankly as tliosj who thcniHclvoa
wore ile Mih In buttle. (Loud applause),
Heroes of tho War,
And having said that I am sure that
none of my friends who fought In tho
Confederato seivlcu will misunderstand
me, or will sriidgo what 1 am about to
ray. when I say that tho greatest debt
owed by this country to any set of men,
Is owed to tbosri men of tho so-culled
border states, tho men who In statesman
I ship fidloived Clay uud tho Crittendons
land the lllalra, tho men who as soldiers
'"ugnt on tno sumo e. do with Thomas
Imd with FarruRiit, tho men who wero
k me I'nion without regard to whether
ir immcmuio associates wero for It
not. (Loud annUuse). In New York.
Mrissaehusetts, Ja Illinois, tho men
sioo.i ior mo i'nion went with liio
Bra. In parts of Kentucky, of Vir-
of Missouri, they stemmed tho
(Appiau-."-), And gentlemen, I
' a i-outherner myself Two of mv
Ifout'ht In the Confederato navy.
PRAISES
BORDER HEROES
Ono of them served tinder tho fnthcr-ln-law
nf Vice Governor Luke Wright, of
the 1'hllliipliiu Islands. And so 1 think I
huvo tho right Id say that, knowing tho
southern people us 1 do, I would heartily
advocate lighting twlco as hard tm yoit
fought from '01 till '03 for the privilege
of staying In tho same union with them.
(Laughter and applause).
The iTiuti to ho a great statesman on
tho bench of tho Supremo court. imit
havo many qualities and fortunate tiro
wo that this evening wo can point to juh-
it. ... it,. .!,... .... n.i.l..i,v.,irv tli.tt.. A t-rtnd
citizen must bo a good citlzun In peace tereu tile vacancy, I wouiu decline it. i
and In war. Ho must havo the decent j would say further that I mn not hi
atal orderly virtues, and ho must havo tho tcrested In any man who is a cnndl-
llU .1.111(1,1 lid W(l"'... ,("H fc.tv..... -- r.
essentlol manliness for tlio hick oi wnicn
no good Intention can atone. (Laughter
and applause.)
It will be a bad thing for the nation If
we ever grow as u nation to submit to
it,., utitim-oudii.n nf r,m.loiiev nnd morality.
.... ..u,.,.a w. ...-.. .... ............ -y - - ..
will no grouped ine men won menu . i
but who do not do thliiKS (laughter) and,
. .In ..! .1.-. Htttlrrcl f triltrrtltnri fltlll.
In the other the men who do things, but
who do not mean well. (Laughter and
loud applause.)
The art of successful self-government Is
not an easy nrt for people or Individuals.
It seems to our people here us the Inher
itance of aces of effort. It can bo thrown
away. It can bo unlearned very easily,
and It will surely bo unlearned it wo for
get tho vital need not merely of preach
ing, but of practicing both acts of virtues
If wc forget the vital need of having
tho average citizen not only a good man
but a man. (Applause).
It in a line thing to have on the Su
premo court men wdio dared venture all
for tho sreat prize of death In battlo
when tho country called for him and then
tho man who after tho war was closed
did not content himself with living an
ignoble lire, snying that ho did so well
It. was not necessary to do more, but who
continued to do ins duty as a nltlzen all
tho bettor became, ho did It as a soldier;
tho man who remembered that duty done,
to bo of practical use, must serve not on
an excuso for not doing further duty,
but as an incentive, as a spur, to make
him feel ashamed that his present or his
future should fall short of his past. (Ap
plause). Justice Harlnn. I greet you per
sonally. I wish to express my own per
sonal debt to you, for your influence for
your example, but I wish far more.
speaking as the representative of all
our people, to express tho Infinite senso of
obligation wo havo to you for having
shown by your life what tho typo of fear
lrs.i American citizenship should be. (Ap
plause). As the president took his seat Mr.
MncVeagh introduced Justice Harlan.
The cheering was so prolonged that it
vas some time before the Justice cjuld
peak. After expressing his pleasui" at.
I
,'ie signal honor done him, he sahLMiat
lilu nlintrvmn tlinllM.t tl-int llrHlwl
LScharged the duties of his office with
conscientious regard for what ho
deemed to be the law and with nn eye
single, to the ends of justice and right
and truth, his descendants would have
In this estimate nf his judicial life, a
legacy more precious than any that lie
possibly could leave to them. He al
ways had been deeply sensible of tho
awful responsibility resting on every
member of the Supreme court, whoso
power for good or evil scarcely could
be exaggerated lint he rejoiced that
in the judgment of America it has
steadily held tho country in the path of
safety, "so that to-day our people be
lieve that Its preservation, under the
constitution, Is the surest guarantee of
liberty, regulated by law, as well as the
sucoeofS of all movements and all poli
cies demanded by the common good.
"There Is abundant reason," ho said,
"to believe that the people confide in its
patriotism, Its Integrity, and its learn
ing and have an abiding faith that no
permanent or irreparable harm will
come to the republic by any action tho
Supremo Court will ever take. In the
early History oi the country, some
feared that the Supreme Court, exert
ing tho enormous power conferred on It,
might so change our form of govern
ment as to destroy or endanger the es
sential rights of the state and Imperil
those fundamental rights of life, liberty
and property which belong to free men.
Few, If any, now, entertain such appre
hensions and no American lawyer now
questions the supremacy of tho consti
tution In respect of every subject trans
mitted to the national government or
the wisdom of tho provision made for
its final interpretation, or the absolute
necessity of the maintenance of our
liberties, that all the rightful powers
of the states be preserved and re
spected." Other speakers of the evening wero
Chief Justice Fuller, Justice Drowcr,
Senator Hoar, Hon. IMward Rlalte, of
Canada, Assistant Attorney Oeneral
Heck and Mr. n. Koss Perry, of the
District or Columbia.
It was after midnight when the par
ty broke up.
SENTENCE OF MARSH
IS COMMUTED.
Ily llxclmhc Wire from Tho Audited ivcu.
Washington. Doc. it. Tho president has
commuted to a term of Imprisonment to
expire December '.'I. next, tho sentenco of
flldcon W. Marsh, who was convicted In
Philadelphia of ' violating tho national
banking laws on Doc. 13, lltfs, and re
ceived three lentences nggreguting twelve
years and throu months' Imprisonment In
tho Kastern penitentiary at Philadelphia,
State Orange in Session,
Ily Jlxchulrc Wire from The Associated Press,
Clearlleld, Dee. 9. Tho Statu Orange of
Pennsylvania Patrons of Husbandry bo
gait a four days' session hero today,
Kight hundred delegates aro piescut.
Plesldeut W. 1". Hill, of Crawford conn
ty, who presided, presented his annual
report, In which It was shown that eigh
teen new granges havo been organized
during tho yeur.
Sheriff Censured.
Special to tho Serunton Tribune.
Stroudhburg, Dec. ft Tho second cscapo
on Sunday last of tho notorious burglar
and convicted murdorer, Charles Cirother.
from tho Moaroo county Jail has caused
much excitement, fensuro of thu sovor
rt kind is heard on all sides for Sheriff
V. O. Mervino.
If wo over grow to accept tho lieliei mat ih absolutely false. I have always ad
we are to havo two camps In ono of which ' mm allti respected Judge Smith and
DOES NOT WANT THE PLACE.
& Deputy Attorney Oonevnl Fleltz Not
5 - a Candldato for Superior Court.,
3. Welti) to thu Hernnton Tribune.
Ufarrlsburg, Dec. 0. There Is notli
. V doing In the Judge I'.' I'. Smith
,"itter hero nt present. The eomnils
' h of physicians! bus presented Its
Vrt to Governor Htono, ho has Hunt
'jiy of It lo Judge Smith, and tho
V decllncH to retire from the bench.
t 'governor has compiled with tliu
law nnd In content. Any further stops
In thu ense inuHt bo taken before the
legislature. With reference to tho talk
concerning Deputy Attorney General
P. W. Fiolt?. and a place on the super
ior court bench, tho latter wild tonight:
"I am not a candidate for an ap
pointment on the superior court bench
to succeed JudKo Smith. If tho judge
should resign tomorrow and I was of-
. .. .........
; al0 fnr a position on the bench of
thtit court,
"The report that Governor Stone is
trying to remove Judgu Smith to make
a lilace for me or any friend of mine
. -
, ., . , ,. . fn, , ,,, lh , .mat,,.
meat. There has been no animus in
the action of the governor."
THE FUNERAL OF
THOMAS B. REED
Simple but Impressive Services Are
Held Over tho Remains of the
Late Statesman at Portland.
Uy Exchuivo Wire from Tlic Associated Pi ess.
Portland. Me., Dec. !. Simple but itn-
prcsslve services, consisting of music,
scripture reading, prayer and a brief
eulogy, were held over the remains ot
formcr Spealter Thomas Brackett Heed
. ,. . Pnl.i-h unlt-iil-m church
"l -l"1 1a,usn kn"'jn c,nuct
today. The edifice was thronged with
a distinguished assemblage, the gover-
nors of Maine and Massachusetts, tho
Loyal Legion, several Grand Army of
the Republic posts, members of the
bar, city officials and delegates from
nearly every political organization in
the state of Maine.
In a room which opened into the audi
torium of the church were tho widow
and daughter, 'attended by a number of
personal friends, and screened from the
crowd In the main edifice.
The day was ono of mourning through
out the city. Many places of business
were closed during the afternoon. Pub
lie buildings were also closed during
the day.
Services in the church were hold at 2
i, clock, but Cor ;omc ''hours the body'
had been laying in state In the parish
house, where It was viewed by thou
sands of people. The parish house was
finally closed shortly after 1 o'clock and
the casket was removed to the church.
While the assembly was being seated,
Herrmann Kothsmar was at the organ.
The organ ceased, and after a brief
pauHe the Rev. John Carroll Perkins,
the pastor of the church, read appro
priate selections from the Bible, follow
ing with prayer. After a short strain
from the organ, Mr. Perkins delivered
the eulogy and closed his remarks with
a benediction.
The casket was borne to the hearse,
and while the bells of the city tolled
sixty-three strokes, one for each year
of Mr. Heed's life, the funeral party
entered carriages. The little procession
passed to Evergreen cemetery, where,
tin; body was placed In a tomb to await
burial in the spring.
STILL MORE TROUBLE
FOR VENEZUELA
New Revolution Now Seems Probable'
General Rolando's Proclama
tionThe English Limit.
Wlllcinstad. Island of Curucou, Mon
day, Dec. H. A new revolution In Ven
ezuela seems probable as General Nich
olas Rolando, tho first lieutenant of
General Matos has proclaimed himself
chief of a new venture. He Is now at
Lezuma. Ueneral Klera, another of
Matos' lieutenants, is now near Coro,
having reappeared in that vicinity with
l.'-'OO men who on Friday last attacked
the railroad. Revolutionists have also
reappeared in the district of Rarquls
imeto in largo numbers. President Cas
tro was obliged to send -1,100 men
against them.
General Matos is still here.
London, Dec. U. Ono of the largest
English creditors of Venezuela Informed
a representative of the Associated Press
to-day that tho ultimatums of Great
Ihitaln and Germany had a 7" hours'
limit and therefore will expire on Wed
nesday. The foreign oillce, while not
denying tho correctness of this state
ment intimated to-night that the period
Is liable to extension. There aro some
Indications of a possible settlement,
though, apparently, nothing definite has
yet been decided.
Limiting Salary of Commission.
Dy KxcluMrc Wlic Irom The Awci,itri 1're.is.
Washington, Deo. 0. Senator Horry to
day Introduced an amendment to tho nn-
ihrncito coal strike commission, limiting
tho compensation of members of tho com
mission to $I,W0 per year and their ox.
penses to 410 a day.
Coal for the Poor in New York.
Uy Inclusive Wire from 'flic Associated rrs.'
New York, Dec, B.-At tho meellng of
tho board of aldermen today, a le.solutlon
was unanimously adopted asking tho
hoard of csttmnto and apportionment to
nuthorizo an Issuo of rcservo bonds tn
tho amount of tlflo.OOO for tho purpose of
purcliaslng anthraelto coal to ho distrib
uted frto under tho supervision nf tho
detriment of publlo charities, among tho
needy poor of thu city during tho winter.'
Congressman Olmstead 111.
Dy Exclusive Whc from The Aisoclated preii.
H.urlslmrg, Dec. O.-Conerotsmau M, 11.
Olmstend was suddenly prostrate) with
ptomaine iiolsonlng last night ut his resi
dence In this city. Ills condition tonight
Is much Improvtd and ho expects to bo
about In n few d.s.
UNIONS AND
THE OUTPUT
TopIgs Considered at Second Dan's
Mcctlna ol the National
Glvlc Federation.
GROVER CLEVELAND
AMONG THE VISITORS
Mention of His Name Brings Ap
plause John H. Commons Dis
cusses "Restriction of Output"
Remarks by Frederick Halsey Up
on "The Premium Method of Pay
ment." Dy Exclusive Wire from The Associated Press.
New York. Dec. 9. The second day's
meeting of the Industrial department of
the National Civic Federation began to-
day with a lurge attendance. Ex-President
G rover Cleveland was one of the
early arrivals. On entering the meet
ing hall he was greeted with applause.
Immediately after his entrance Chair
man Hanna calld the meeting to order.
Several of Mr. Mosely's party of Eng
lish labor leaders were in attendance.
The subject of discussion was "Re
striction of Output," and the first
speaker was John R. Commons.
Restriction and Output.
Mr. Commons said In part:
The very reasons for tho existence of a
union is an effort to interfe.ro at ono or
more points with the. llborty of tho em
ployer In managing his business. If all
restrictions and Interferences on employ
ers should bo condemned, does It not fol
low all labor unions should be con
demned? But for come reason the condemnation
nf labor unions has not prevailed, and
thoy havo sprung up and have compelled
employers to submit to what in a wide
uso of the word may bo called restric
tions. If employers deal with labor In
tho future ob they havo dealt in tho past
unions will continue to grow, and Increas
ing number of eirployors and industries
will bo brought to face union restric
tions.
A shorter workday Is simply ono form
of tho demand for higher wages. It
means high wages for the timo of work.
Does incrcaso in wages restrict output?
Now wages and hours of labor are ques
tions exactly tho opposite from those of
output or restrictions on output". "'Ily
wages and hours of labor wo mean sim
ply the rate of pay per hour received
by tho workman. By output wo moan
tho amount of product per hour which
tho workman gives In roturn. Wages and
output together determine cost, and it
tho shorter day or higher wages bring
greater output por hour, then thoy aro
exactly tho opposite from a restriction
on output. This Is ono of tho reasons
often advanced for shorter hours, namely
that tho longer period for recuperation
furnishes strength for Increasing tho
speed whilo at work. Closely connected
with this is tho contention that higher
wages and shorter hours stimulate) labor
saving devices in tho shape of Inventions
and improved business administration, ami
that tho countries of low wnges and
long hours aro countries of small output.
poor machinery and slow business meth
ods. Tho workman wants high wages
and short hours. Tho employer wants
largo output. Tho two demands nru :t
matter of business agreement which de
pends on mutual confidence. Will not the
negotiations bo more successful when It
Is recognlzod that both demands aro fair
and honest, and that In making Its de
mands oarl( tide is working not only for
its own interest but also for tho good
of tho nation as a whole?
There can bo no lasting solution of this
problem as long as each side believes
tho other Is dishonest.
There aro also a number of questions
which employers and employes should
agreo upon In advanco and bind them
selves to abldo by. If unions restrict
output, can they not frankly admit It
and glvo their reasons? If employers
provoke restrictions,' can thoy not frank
ly ndmlt It? Cannot the two thus como
together, eliminate tho false reasons and
remedy tho true reasons? It Is an en
couraging sign that through tho trndo
agreement system omployois and work
men themselves nro taking up tho epics.
Hon In a scientific way. Tho present con
ferenco Is an outgrowth of this system.
Cannot this conference raise tho question
to a high level of discussion and lay
down sound principles that will lead to
its solution?
Mr. Hnlsey's Remarks.
Tho chairman then introduced Fred
erick Halsey, editor ot the American
Machinist. Mr. Hnlsey's toplo was "The
Premium Method of Payment." Ho
said:
"The system of premium payment Is
In a sutiso-Intended to spilt tho differ-
once between day work and piecework,
Ily that I mean that it has at bottom
a rate of pay Just llko duy work, but
above that Is placid an additional
premium dependent upon tho amount
of output, tho net result being that tho
employers jitiy Increases with tho out
put, but not so rapidly ns tho output,
"Tho result is the employer gets part
of tho gain and Iho workman gets a
portion of it, tho employer receiving
his portion In a reduction of tho cost
of his goods, Therefore, In n sense, the,
system is co-opuratlve."
Toward tho close of Mr. Hnlsey's
speech ho was asked a number of ques
tions by Archbishop Ireland, Kumucl
aompers, Alfred Mosely, and others,
James O'Connell, president of the In
ternational Association of Machinists,
followed Mr, Halsey and opposed dm
piecework and premium pinna.
Henry White, general secretary of tho
United Garment AVorkers of America,
spoko on "The Problem of Machinery."
At tho afternoon session. Prof. (Irorgo
Gunton, editor of Gunton's. Magazine,
spoko, on "Tho Phllosopy ot thu Shorter
Hour Movement." Ho said:
"Tho capitalist's function Is to go nn
producing. It is the business of the
laborer to seo that tho laborer receives
better pay, that ho receives opportun
ities to Improve his condition and bet
ter his capacity as a market furnisher,
and tho shorter hour problem is the
one that olfers the first opportunity to
tho laborer to bettor his condition. All
should co-operate o gradually reduce
the hours of labor until tho eight-hour
day him been secured."
Tho Eight-Hour Movement.
A, F. 'Weber, statistician of tho New
York bureau of labor, discussed "The
Klght-Ilour Movement."
Of late years, he said, the Idea litis
advanced, and In many industries the
(Jlght-hour day Is tho standard. The
shorter day, he believed, Is desirable,
bocnttse as a result of It the workmen
become more effective, they become
more Intelligent and Inventive.
Lewis Nixon, president of the Amer
ican Ship Building Company, said ho
objected to the distinction made at tho
meeting between etnployer and work
ers. Ho wished It known that the m
ployers also were workers. In America,
he said, the employer works with the
employe, instead of over him. When
the men come to tho employer and say
to him that thy want more pay, there
Is occasion for each side to consider tho
situation of the other. They should get
together.
"I don't believe in giving tho men
what they do not want," he said. "If
one wishes to glvo something, a library,
or what not, figure It out and give it to
the men in increased wages or shorter
hours."
Theodore J Harburg, vice president
of the American Economic Association
said tho actual experience of localities
in which tho shorter hour day had been
tried shows that the morals ot tho lo
cality had improved.
To abruptly reduce the working day
two hours would, in his opinion, work
a hardship on the community. A re
duction of a quarter of an hour at a
time, repeated nt Intervals through
several years would be the better and
safer way.
George H. Barbour, of Detroit, presi
dent of the National Association of
Manufacturers, discussed the shorter
hour question from the standpoint of
the manufacturer.
"I would never oppose the eight hour
bill," he said. "If its effect could be uni
versal. But It would affect prejudicially
the interests of certain manufacturers
with out affecting others."
The meeting adjourned until to-morrow.
STORE ORDER LAW IS
UNCONSTITUTIONAL
Judge Simonton Rules Against One
of the Laws Advocated by the
United Mine Workers. '
By Exclusive Wire Jrom The Aaoslitcd I'reea.
Harrisburg, Pa., Dee. 9. The Dau
phin county court decided today, in an
opinion written by Judge Simonton,
lhat the store order law enacted by the
last legislature is unconstitutional. In
a number of cases tried and decided tho
court found that the companies against
whom the tax had been charged did not
issue any store orders of the kind upon
which the act imposed a tax of 25 per
cent, on their face value, in the case
of the Lehigh Coal and Navigation
company the court' squarely holds the
act to be unconstitutional. Judge Sim
onton says:
"Tlie taxation imposed on defendant
by said act and charged against it in
said settlement was intended to, and If
the act were sustained, would inflict a
penalty on defendant for elolng that
which it has a legal and constitutional
right to do, and the act is, therefore,
Invalid and unconstitutional."
Tills not was one ot the measures ad
vocated by United Mine Workeis.
FOR IMMIGRANT RESTRICTION.
Goodwin Brown and F. P. Sargent
Urge Bill on Senate Committee.
By Kscluslve Who uom Tlie Associated Press.
Washington, Dec. 9, The senate com
mittee on immigration gave a hearing
today on tho bill to restrict immigra
tion now pending in tlie senate.
Goodwin Brown, representing the
Now York state lunacy commission,
urged that tho bill bo amended so as to
provide for the deportation of aliens
who became public charges within two
years. He said that, during the last
ten years, tho foreign-born insane hud
cost the various states $50,000,000. He
offered an amendment to carry out his
suggestion.
Commissioner 'Sargent of the Immi
gration Bureau said the head tax of J3
In tho bill should be retained as It
would serve to keep out many immi
grants. Commissioner Williams of Now
York, urged more strict regulations at I
Ellis Island, saying that there was a i
great deal of perjury. He also favored
tho salo of Illinois at Immigrant sta
tions. The committee will glvo another
hearing to-morrow.
BJORNSON'S BIRTHDAY.
Norwegian Novelist Has Reached
Three Score and Ten.
B Kxrluiive Wire from The Amciiteet I'reat.
Chrlstlanln, Dec, 3. Tho seventieth
birthday anniversary of lljoriistjeriin
BJornson, tho poet, dramatist uud nov
elist, was widely celebrated today. The
town was decorated with Hags.
Numerous consralulatory addresses, hi.
eluding ono from tho people of Donmaik,
containing :w,O0O signatures, wero handed
to KJornson, Many deputations called
on him nnd presented gifts. Ho will at
tend a gala performance) nt tho National
theater tonight. There will bo a torch,
light procession of students In his honor.
To Revoke Charters.
Uy Ktilmive Who rrc-nThr Associated )'r(S'.
Harrisburg, Dee. 9. Attorney ("Jeneral
KIMn made a presentation to tho Uauphhi
county court today for a quo warranto
to rovoko tho charters of tho Chlckles
lion company, ot Chlcklcs, nnd Iho Cone
wago Iron company, of Mlddlctovwi, both
of whom havo quit-business,
Governor Fixes Execution Datos.
Ily Exclusive Wiic homTl'C AMoeUM Prc...
Harrisburg, Dee, 9. Governor Ktono to
day fixed February ," for tho executions
of Sampel Oivasnn of-Berks county, and
rrnuK uiiuusn, ot .imsiruug couniy,
ARE THROUGH WITH
G. B. MARKLE & CO.
INCENTIVE FOR, THE SLEUTHS.
A Reward of Ten Dollars Is Offered
For the Capture of Van Busktrk.
Special to the Serantoii Tribune.
Strottdshurg, Pn Dec. !). l.'p to IS
o'clock this afternoon Daniel VaiiUus-
klrk, the burglar who broke jail with
diaries urotlier on Sunday morning,
had not been recaptured. A. reward of
ten dollars Is offered for his capture.
Grether seems to have entirely rcovered
from the effects of his run through the
snow and experience In the Turner barn
No clue hns been obtained as to how
ho secured the loaded revolver, and sev
eral started, on being run down, re
sulted In nothing.
Night Watchman William Rtluhnrt,
who figured prominently In both es
capes, has left the jail and gone to
Philadelphia.
SENATE CONSIDERS
IMMIGRATION BILL
The Clause Presented by Mr. Burton
to Admit Chinese to Hawaii Meets
with Opposition.
By Eiclushe Wire ficm The Associated I'reat.
Washington, Dec. 9. The senate de
voted most of to-day to the immigra
tion bill and adopted a number ot
amendments. There was considerable
discussion of an amendment presented
by Mr. Burton, to admit Chinese la
borers to Hawaii. It was met with
considerable opposition and was fihully
laid on tho table. The provision in the
bill prohibiting the sale of. liquor in tlie
capitol building caused some criticism
of the house for putting it in the bill,
but the provision was not stricken out.
The following amendments were
adopted:
Including professional beggars as
among those excluded from admission
to tho United States.
Providing for the careful inspection
of aliens who have been admitted and
tiled their preliminary declarations for
citizenship.
Providing that skilled labor may be
Imported if labor of like kind cannot
e found in this country.
At the instance of Mr. Penrose the
senate agreed to a substitute for the
21st section of the bill, extending to
two years the time for the deportation
of aliens who become a public charge.
The section as amended specifies lun
acy. Idiocy, and epilepsy and says that
aliens allllctcd with either trouble shall
be presumed lo have been so affected
prior to landing in tlie United States
and shall bo deported at the expense nf
the transportation companies bringing
them in.
On motion of Mr. McCmnas the sec
tion of the bill relating to the exclusion
or 'anarchists was amended so as to
make It specifically provide for the ex
clusion of unarohlsts who advocate tho
destruction of the "government of the
United States or all governments by
violence," While the debate on this mo
tion was in progress, Mr. Hoar 10
mnrked that there are some govern
ments the destruction of which by Vio
lence ho would accomplish if he could.
During the day tho militia hill was
discussed. It will be taken up again
Thursday.
Mr. Kenn (N, J.) gave notice that on
Dec. 17 he would ask the senate lo
consider resolutions on the lift; and
hter of the into n,,,
Death of the London Dock Bill.
After debating the London dock ,.0Vi , rotinsel for tho Delaware & Hud
charge bill for almost four hours, tho fim roiupuny, started In to qurstlor
house today chopped its head off by )llm u,.,t ll0 icvviedso the district
striking out the enacting clause. This J j,eaditmrii rs had of strike violence
killed tho bill. T, witness skllll'lly evaded a discus.
Mr.. Tawney (Minn.), in charge of the1 pi,,,, , ihM suiij. .-t by explaining he
bill, explained at length Its purpuse. I ,..ni ., national mul not a district ndleer.
which, ho said, applied only to the port
ot" London and was simply designed to
iuhihu mi, vniieiii'.ui sunnier or irn? i
ciiurgo inaue ny ine transporting coin- i
panics for delivering goods over iho ,
side of the vessel, This charge, ho now !
said, was concluded In tho contract of
shipment. The bill, he said, would pro
vent such a contract.
Tho debate was spirited on both sides
and all day tho members were flooded
with telegrams respecting tlie bill. The
withdrawal of the support of the lum
ber and meat packing interests, which
originally hud Joined with tho flour
milling Interests In pressing tho mens-
uiv, brought about Its defeat. Tlie final
vote was 130 to U'U In favor of tho mo
Won to strike out tho enacting clause.
Speeches were made In favor of tho bill
by Mr. Tawney (Minn.) and Mr, Illch
nrdson (Ala.), and against it by Ad
unison ((In.), Wnnger, Adams and Dal
zell (IVniin.), Burleson and Burgess
(Tex.) and Mann (Ills,).
Thu resolution for ii. holiday adjourn
ment from December 20 to January 5
was adopted.
Action on Tunnel Postponed,
Ily llwliblw Wne from Tho Associated 'ir.
New York, rri p. Tho board of alder
men, this afternoon, after a short dis
cussion, agreed to postpone action on tho
Pennsylvania tiinuol franchise until iisxt
Tuesday, .
m '
Pension Granted.
Uy Inclusive Wire from The Aisoclated Press,
i
Washington. Doc. 9. A nension of ts
has been granted William Johns, of He-
treat.
Miners Turn the Attention ol the
Gommlsslon to Aliened Discrim
ination bu Bin Companies.
SOME EFFECTS OF
CROSS-EXAMINATION
After Being Given Free and Full Op
portunity to Put in Prncticnlly Un
challenged Testimony for Six Days,
the Mineis' Side Encounters An
tagonists In the Representatives of
the BigCompanies Two Sad Stories
Told by Witnesses from Jaddo
Commissioners Deeply, Moved by
the Recital of Henry Coil's Unfor
tunate Experiences Waiting for
Nichols,
What can be accomplished by cross
examination in the way of qualifying
testimony the miners are putting befom
the strike commission was evidenced
yesterday, when the attack on G. B.
Marklo & Co. was concluded and at
tention turned to companies whoso
lawyers are present at tho hearings.
During the past three days of tho ses
sion the miners havi had free rein In
the assault on Marklu & Co., becausu
thu company's attorneys absented
themselves, and as tho miners are par
ticularly anxious, just now, io put thu
independents, and especially the leaders
of tho independents, in as bad a light
as possible, because of their demand
for a continuance of the hearings that
they might bo vindicated, It can be
taken as u matter of course that they
wero merciless In their onslaught.
Stories rellecting even on the company
officials' humanity stand on the record
without challenge or qualification.
When, however, it came to attacking
thu big companies, their lawyers and
officials standing ready to repulse tho
attack, there was a different story to
tell. By admissions adduced "on cross
examination, practically every bit of
testimony put forward was discounted
lo such an extent that it was worso
than worthless.
Miners went on tlie stand to allege
they were being blacklisted by tho D.
& II.. Pennsylvania, or Lehigh Valley
companies. Befoio tho cross-examiners
finished with them, It would be shown
that their allegations had no foundation
in fact.
One Instance.
For instance, P. If. McDonald, u one
armed youth, who was occupying u sort
of "pension" job with tho Temple com
pany, before 'the strike claimed lie was
lefttscd re-employment on the conclu
sion of the strike. Attorney Everett
Warren on cross-examination, got him
to reluctantly admit that the company
told him there was another man In his
place whom they could not, In honor,
discharge, but that If lie would take
another Job, paying reduced wages, the
company would do hotter by him ut tho
very first opportunity. Then' were ten
different Instances of practically the
same thing.
Tho companies' counsel are still wait
ing anxiously for the district pres'
dents of the mine worlfrs to be put on
tho stand. It was stated right along
by the miners' reprcsv-ntatlvi.1!! until the
hearings wero resumed after the recess
lhat District President T. D. Nlcholls.oJ
the Set union district, would b the m xr.
witness after Vresi .out .Mitchell and Dr.
Roberts. Mr. Nlcholls is still wanting
in the wltnei-s stand, nnd as yet no dis
trict ntllccr of the union has been railed.
conditions ut tlie M.irklo iV o. mlut-s
I roniuiioiis in ine . i.ii'Kio iv ' n. mint's
I and as soon ns lw ( was turned over for
' niss-exaniliiatlon.' Attorney .1. IT. Tor-
i, s uuderstoci iho companies aro
particularly dosli.uis uf having Dlsiriit
president Nlcliolls on thtt stand that
lUl.y lmty question him regarding th
connection of the district headquarters
attaches with some certain cases of
violation of law during the strike.
Harrowing Story.
Not only sad, but really harrowing
was tho story told at tho morning ses
sion by Henry Coll, one of the "thlr
toon" Marklo company men, of Jeddo,
who wero evicted from their homes
during the strike nnd refused re-em-
ployment nt Its close. Ills only offense
ho know of "as God Is my jiidgo,"was
that lio served on the union's relief
committee, If ho ommltted any other
oli'eno it is yet to be shown, as Marklo
Continued on Pago 8.1
YESTERDAY'S WEATHER,
Local dnta for December 0. h"1-':
Highest temporaturo .,,,,,, II degrees
Lowest temperature ..,,....,.,.. 1 degrcos
Itulatlvo humidity:
.S a. m , ..,...,,, 75 ner rent,
S p. in, .., ,,,,.. E0 per cent,
Precipitation, 24 hours ended 8 p. m.,
trace.
Tt TT -HW
WEATHER FORECAST, -y.
Washington. Dee. 9. Forecast for
Wednesday and Thursday: East
ern Pennsylvania -Partly cloudy,
warmer Wednesday ; probably snow
nt ulght In north portion. Thurs
day, fair, varlablo winds becom
t
'
ing south to southwest and fresh.
t -. ". 1
ii1iiii&Sdiii, i