ess feMt H&DAY; JANUARY 15, 1909. NO . 5 iv. r n- II,... r . i i 5 m LEGISLATURE. After Panto and Suspensions Bank lag1 Institutions Have Not Only Fully Recovered, but Made Great Gains. Albany, N. Y., Jan. 13.-Clnrk WU jiains, state superintendent of banks, In his annual report submitted to the legislature today calls attention to tbe encroachment on the business of the Barings banks of the state by state banks of discount and trust compa nies as well us a growing tendency on the part of national banks doing business In this state to operate Inter est departments In competition with savings banks. Discussing the recovery of banking Interests from the financial panic of a year ago the report says: The return of public confidence In our general banking Institutions is shown by their total resources as follows: Dec. 1907. Nov., 1908. Trust companies.. .11,001,852,952 l,42fl.G69,B59 Banks 609.080,073 614,707,421 Total 31.511,533,023 t2.041.3GS.9S0 The decrease in resources from August to December, 1907, of about 14,000,000 has been more than fully recovered through an increase during the past twelve months of'530,000,000. The panic, the suspensions, the resump tions, the general housecleanlng, the remedial legislation, the material increase In reserves, the increasing appreciation of trusteeship, the growing conservatism and the complete return of public confidence. These factors, together with the reorgan ization of the department, have contrib uted to place the general banking system of the state of New York upon a basis of which your honorable body may be justly proud. No supervision over banking Institu tions can be more effective than that ex ercised by a committee of members of a voluntary association. Therefore I be lieve that proper .restraint and discipline through such an organization would pro duce respect for the regulations of the asv Roclatlon and an adherence to the prin ciples of sound banking. It should be pointed out that the present system by which one institution clears for another ns Its clearing house agent may at times Involve serious dangers for both dangers which would be eliminated If one associa tion comprised all worthy Institutions. It may be that some members of the New York Clearing House association re gard membership so jealously as to lead them to exclude others worthy of mem bership from Its prerogatives, even though thereby sacrificing the public good. If this is the fact and is a bar to a repre sentation of the banking power of Great er New York In one association the for mation of another association should re ceive the earnest consideration of the nonmember banks and the trust compa nies. The total banking power of the United States is reported by the comptroller of the currency to be J17.463.000.000. My last report to your honorable body stated the total resources of the institutions under the supervision of the banking depart ment to be $3,458,600,000. The most recent reports to this department showed the to tal resources of these Institutions to be 3,625,E00,O00, or nearly 21 per cent of the banking power of the entire country. Superintendent Williams calls atten tion to the practice of receiving de posits and paying interest by depart ment stores and suggests legislation limiting the amount of the deposit upon which Interest may be paid. Should that prove ineffective he favors li law prohibiting absolutely the re ceiving of deposits upon which Inter- ; est was promised directly or indirect- ' ly In connection with any business en terprise which Included dealing In ' goods, wares or merchandise. Heyburn Wins In Idaho. Boise, Ida., Jan. 13. United States Senator Weldon B. Heyburn, Repub lican, was re-elected by both branches of the legislature In separate sessions. The vote was: Senate Heyburn, 11; French, 1; Stockslager, 8; Woods, 2. House Heyburn, 44'; Stockslager, 5; Woods, 4. Perkins Chosen In California. Sacramento, Cal., Jan. 13. George O. Perkins was re-elected United States senator on the first ballot by a vote of 50 to 22 In tho assembly and 32 to 8 In tbe senate. STRIKERS SEIZE RAILROAD. Brazilian Police Powerlesi to Protect the Terminal. Pernambuco, Brazil, Jan. 13. The Brazilian employees of the Great Western Railway of Brazil, a British concern, employing 4,000 men, are on strike. Race feeling ngalnst tbe English runs high in the state, and the police were 'tailed out to preserve order. They were powerless, however, to prevent (tlio raiding of the company's main of- Ii Bees. Tho strikers have seized the roll ' Ing stock and are In possession oMhe terminals. h Further violeucc is feared, and the kieuerai government hub troops in reaa- iota )mmmm &et til'VOiii, will Ira oe of the comparatively .few Republican members of thencxt boose from below iuu vtu juuauu tuiu Dixon's line. Hia election was not only n surprise, but was to him rather an unwelcome oc currence. He sup posed he was sim ply leading a for lorn hope. Whon nominated Mr. Morehouse's speech of acceptance was as follows: "Gentle men, you have done me a great honor, and I hope you will j. u. UOIIEIIE&D. not be disappointed In my defeat, for I haven't the slightest idea of being elected." When the official count was token It was found that Mr. Morehead had wou by less than 450 votes. He la now sorry he was persuaded into run ning for office. STANDARD B00ES MISSING. Oil Trust Witnesses Cannot Tell Where They Have Gone. New York, Jan. 13. Frank B. Kel logg, chief counsel for the govern ment in its suit to dissolve the Stand ard Oil compnny, tried vainly to ob tain from a succession of witnesses lie called to the stP"l In the hearing nf the case to obtai the andient rec ords of the Stand 1 showing the prices of gasoline an joll In the early Tears of the compau; b history. All the witnesses w re employees of the Standard. They i greed that such records had been kept, but each de clared his Inability to tell where the records could now be found. Kills Husband; Shoots Girl. Muskogee, Okln., Jan. 13. Prompted by Jealousy, Mrs. Flora Jackson shot and killed ber husband and then went o the home of Rose Simmons and shot nd fatally wounded her. MINISTERS ALLEGE BRIBERY. Methodist Pastors to Be Called Before Nashville Legislature. Nashville, Tenn., Jan. 13. The Rev. E. V. Chappel and the Rev. B. F. Hayues, prominent Methodist minis :ers of this city, state that efforts hove leen made to bribe, seduce and cor upt members of the legislature. The legislature will Issue a citation o .Messrs. Chappel and Haynes to np lear In the house and file specific barges, giving the names of the guilty artles, the corrupted members and be witnesses. Things Theatrical. Next season David Belasco will pro vide a new play for David Warfleld. Hal Reld's new play, "Unto the Fourth Generation," It Is said, has been secured by Henry B. Harris for possible use of Robert Edeson. Hattle Williams will soon forsake "Fluffy Ruffles" and musical comedy generally for the stellar part In a comedy by Alexander Blsson, "The Marriage of a Star." Sid Herbert, who is the detective in "The Thief," played for years In Sir Henry Irvlng's company and was a well known Shylock to Ada Rehan's Portia in the old days at Daly's. Margaret Anglln has been tbe recipi ent of an urgent Invitation to act in India before returning from Australia, but her plans for n vacation having been already made she has been com pelled to decline at any rate for the present. English Etchings. The first English laws against coun terfeiting were issued in 1108 by Hen ry I. About 700,000 of the dwellings in England are either Insanitary or over crowded. The house of lords contains 003 members, of whom 483 are hereditary, tbe remaining 125 being nonhereditary. In tho last 200 years no English sov ereign has exercised the privilege of vetoing a measure passed by parlla- ruunt. Law Points. That a creditor cannot by proceeding In equity subject tho debtor's cause of action for conversion to tho payment of his claim Is held in Raymond versus Glancgross, 80 Mont. 440, 03 Pac. 018, 15 L. R. A. (N: S.) 076. One who slips -and falls upon a street crossing rendered slippery by oil ap plied by a trolley company to its tracks to facilitate rounding a curve Is held in Slater versus North Jersey Street Railway company (N. J. Err. and App.) 60 Atl. 103, 15 L. R. A. (N. S.) 840, to be entitled to recover for' injuries received. H1LI0TTS TrtEATER. A PavM-Jte of Stage Who Now Has Playhouse of Her Own. It is quite an unusual thing for an actress to have her own theater. Max too Elliott now has that distinction. Tho opening of her new playbouso lu West Thirty-ninth street, New York, recently was a notable event in the theatrical world. She had directed tbe construction of her theater from the beginning, and when n group of friends went there to wish her success on the afternoon before tbe opening day they found her in the midst of a half finish ed interior. Only a few of tho orches tra scats were In place, and none of the scenery of "The Chaperon" had ar rived. Scores of artists were giving the final touches to the ceiling and the walls, nud numerous workmen were chiseling hero and there. In fact, It looked as If tbe opening, to which Miss Elliott had been looking MAXINK ELLIOTT AND HER NEW THEATEB. forward as an event In her professional career, would be deferred. An unsym pathetic person was indiscreet enough to make a remark to that effect within hearing of the actress. She turned upon him with withering scorn and then inquired It he really believed the work would not be finished In time. "The men are working like beavers," she said, "and I'm sure they will not disappoint me. I am too confident, but somehow I feel that I shall play on that stage tomorrow night" indicating the new scene of her professional ef forts. When she went to dinner on the even ing of the first performance the stage was In order, the orchestra and bal cony seats were fastened and the last pendant of a beautiful chandelier was attached. Outside several handy men were clearing away the debris. Maxlne Elliott's theater was ready for "Tbe Chaperon." "I am the happiest woman In tho world," she said quietly. "To own and manage my playhouse is something I have dreamed of tbeso many years. It has been the ambition of my life. And now It is realized." An incident of the evening was the presence In a box of a former queen of the stage, Mrs. De Navarro, best known as Mary Anderson, German Gleanings. The German empire consumes 85,000 tons of tobacco n year. Fourteen per cent of the total popu lation of Prussia pays an Income tax. So much dissatisfaction Is felt in Germany about the government's na val plans that the seccders from the Navy League ot Germany are expected to number 140,000. There Is such a dearth of marriage able young women In certain parts of Alsace-Lorraine that in the town of Kneuttigen 1,500 single women have 6,000 men from whom to choose their husbands. Town Topics. The city of Niagara Falls Is rapidly Increasing in population owing to the rapid Industrial expansion of that sec tion of tbe country. The town of Rockland does a bigger lobster business than any other place of Its size in Maine and for ten years has been shipping lobsters to the Pa cific coast. The town of Three Rivers, Mich., abolished bitching posts from its streets some seven years ago. Now so great have been the complaints of the farmers It has been obliged to put them back again. SIRES AND SONS. Zachary Taylor never cast a vote nor held civil offlco until elected president Charles W. Mono Is credited with Baying that if he had to chooso be tween spending fifteen years in France and fifteen In Jail he would prefer Jail. In. change for a bill James E. Mead of Mlddletown, Conn., received a cent on which he had stamped his Initials forty-flve years before, when a boy and living In Brooklyn. Jasper Thompson, a Jeweler of Ver milion county, Ind., has the only pa paw orchard In the United States. From his thirty-five bushes he gets nn nually somo thirty bushels of the fruit Speaker Cannon will attend tho open ing exercises of the Alaska-Yukon-Pa-clue exposition on June 1 next. His was the first acceptance of an invita tion by any member of tbe national government. Frank H. Percy of Bath, Me., has re cently added to his collection of antiq uities a mirror more than a hundred years old. The back board Is in a sin gle piece, twenty Inches across, such ns Is not often seen. A striking exception to the theory of rotation In office was shown when nt a recent meeting of the Free Baptist so ciety of Latonla, N. H., John F. Mer rill was elected secretary-treasurer for the fifty-second time. General William Booth, commander in chief of the Salvation Army, has been operated on for cataract, and tbe doctors are hopeful that he will com pletely recover his sight. The general declined the use of an anaesthetic, and cocaine only was employed. Church and Clergy. The pulpit nt North Sullivan, Me., this winter Is regularly occupied by Normau Ii. R. Knight, a youth not yet eighteen years old. On the spot where the first white settlers of Seattle first set foot, Alkl Point, has been built the South Alkl Congregational church. After fifty-seven years ot continuous service In one (Presbyterian) parish Rev. William Walth of Lancaster, N. Y-, Is now a pastor emeritus. F. L. Marston, who is known in England as the Staffordshire Spur- l,-eon and is only nineteen years of age, Is one of the most successful Bap tist evangelists of that country. The Protestant Episcopal diocese of New York has fixed the minimum sal ary of its married clergy at $1,200 a year and house rent and of Its unmar" rled clergy at $1,000 and house rent. The Royal Box. PI Yu is tbe name of the Infant Chi nese emperor. King Haakon has headed tbe public subscription In Norway for Captain Amundsen's polar expedition with a donation of $5,000. Princess Victoria Louise, only daugh ter of Emperor William of Germany, recently celebrated ber sixteenth birth day. She Is a very clever girl and Is quite grown up, having the airs of a rfi-nnd dame. King Charles of Roumanla Is ex tremely popular with his subjects. Like tho late king of Denmark, he Is a king without pretensions, and nothing delights him more than to mix freely with his people. Pen and Brush. Helen Kathryn Bbarpe of Indianapo lis is an authoress at the age of twelve. Winston Churchill, the author, Is a graduate of the Naval academy at An napolis. A memorial Is projected for Gains borough, the famous English painter, at his birthplace, Sudburg, In Suffolk. George Eliot received $40,000 for "Mlddlemarch." This Is believed to be the highest price ever paid to a wo man for a single work. Kcnyon Cox, the painter, Is also an accomplished writer. He is a son of General Jacob D. Cox, secretary of in terior in President Grant's first cabi net. Sporting Notes. Pacific coast teams aro playing polo. Cleveland, O., has an eight club in' door baseball league. Milwaukee will bid for tho 1010 ABO bowling tournament. Marquette eleven wants to play Michigan at Milwaukee next fall. Herman Long, the old time shortstop of tho Eftston Nationals, is to bo man ager of tbe Alexandria (Va.) team In the new league. Proverbs. Vows made in storms aro forgotten In calms. English Proverb. Laziness begins in cobwebs and ends In Iron chains. Italian Proverb. A day that is not thine own do not reckon it as of thy life. Arabian Prov erb. To know a man borrow the ea$ ot the blind and the eye ot the deaf. Spanish Proverb. CONVICTED OF BRIBERY. Jury at Pittsburg Finds Railroad President Cameron Guilty. Pittsburg, Jan. 13. Charles S. Cam eron president of the Tube City Rail road company, on trial charged with attempting to bribe City Councilman William A. Martin In connection with the passage of an ordinance granting a franchise to the Tube City railroad, was found guilty by the Jury, which was out but fifteen minutes. The accused was held In $20,000 ball, an Increase of $10,000 in which he was originally, held. Former Councilman W. A. Martin, who Is serving a sentence In tho West ern penitentiary for accepting a bribe, and C. R. Richardson, a broker, who is awaiting sentence for his part in the Tube City railroad scandal, were the principal witnesses at the trial. A declaration by Martin that he was houest In selling his honor to Cam eron aud that he considered it very cheap at $70,000 was tho statement with which Martin concluded his tes timony. When asked If he would not have had to distribute the money among some of his brother councilman Mar tin naively said that perhaps ho could have fooled them, as Cameron fooled him. He refused to mention any names, declaring he did not show Cameron a list of councilman. BURTON WINS IN OHIO. Elected to United States Senate To day to Succeed Foraker. Columbus. O., Jan. 13. Congress man Theodore E. Burton, Republican, who was named for United States senator In each house yesterday In SENATOR ELECT THEODORE E. BURTON, separate session, was elected in Joint session of both houses today. Ho succeeds Joseph B, Foraker. In the house the vote was 00 for Burton and 44 for James E. Campbell, Democrat. In tho senate the vote was 20 for Burton and 14 for Campbell. Connecticut Elects Brandegee. Hartford, Conn., Jan. 13. United States Senator Frank B. Brandegee of New London succeeds himself as the junior senator from Connecticut for the full term of six years. He was nominated by the Republic an caucus of the members of the gen eral assembly over Congressman Ebe nezer J. Hill. Senator Brandegee 'won by 120 votes to 111. VICTIM IS BRITISH OFFICER Captain Hllliard Shot by a Highway man In Central Park. New York, Jan. 13. Robert O. Hll liard, the Englishman who was so stradgely shot in Central park, Is a captain in the British army and was aid de camp to Lord Mllner during the South African campaign. He re sides in Loudon nt the Wellington club, 1 Grosvenor place, Hyde Park corner, S. W., one of the most exclu sive clubs of tho British capital. This Information was mntle public by the injured man's counsel, Herbert D. Mason, after Captain Hilliurd had declared emphatically In Roosevelt hospital that he had been shot down by a highwayman. "Captain Hllliard," said Mr. Mason, "has spent several years in this coun try, principally In New Yorlr (at tho Waldorf-Astoria), Boston and Denver nnd is president of a large oil develop ment company In Wyoming." CUBAN CONGRESS MEETS. Paving tho Way Today For American Evacuation of Island. Havana, Jan. 13. Carrying out the recent decree of Governor Magoon, the Cuban congress met today for the pur pose of effecting a permanent organ ization and approving tho election of Its members. On Jan. 20 the congress will meet again in Joint session, pass on the elec tion of the president and vice president and proclaim them. It will then take a recess until Jan, 28, at noon, when Governor Magoon will turn over the government to President Gomez and his Administration. I DEAD IN MINE Seventy Bodies Taken Out of Lick Branch. WORSE THAN LAST DISASTER. Total of One Hundred and Seventy three lives Have Been Lost In Same Shaft Within the Past Two Weeks. Roanoke, Ta Jan. 13. The Norfolk aud Western railway officials announc ed today that at least 110 miners were killed in the Lick Branch colliery dis aster, near here. The explosion was ot much greater force than the one that occurred two weeks ago, when sixty-three lives were lost. Seventy bodies are recovered. Heavy timbers were thrown out of the mouth of the mine and into tho air several . hundred feet. One hundred coffins have been shipped here from Columbus, O. While more than 120 miners were at work In tbe shaft yesterday there came like the sound of thunder a mighty rumbling in the bowels of the earth, which reverborated along the miles of corridors and air passages crowded with those who work there. Above the tons of earth and stone that lay between the workings and the mountains crow giant trees quivered from the force of tho concussion, and from the mine mouth, tho forces of tho earth set free, belchod forth a cloud of flame, soot, dust and debris, heavy timbers, broken mine cars and even a massive motor used to haul the heavy laden cars from tho depths. Scarcely had the detonation died away before a throng of terrorised women and children, their feet sped by anxiety and dread, rushed to the inlno mouth and implored those there to allow them to aid In the effort to save- some of their loved ones who might still be allvo within. Mine Foreman Bowers, who was near the entrance, was blown from bis feet, but managed to crawl out safely, as did also Robert Smith, a miner. With the foreman was a miner named Holllday, and he, too, was blown over. A rescue party organized on the mo ment rushed in the Jaws of the smok ing mines and tried to rescue him. They were driven back by the deadly fumes of the after gases and were compelled to leave him to his fate. A train was rushed from this city to tho scene of the disaster, some twenty five miles away, carrying brattlclng and other material to be used in the work of exploration and rescue. Thero was supposed to be from nine ty to a hundred men in the section of the mine affected. The debris from the explosion of two weeks ago had not been cleared away, and twenty men were engaged In this work. Nineteen contract miners, with their crews, were at work In n new entry, and it is feared that nil of these men were lost. Since the recent catastrophe the mine bad been Inspected by government of ficials and by the most experienced mine men In tho region, and all, It la said, expressed tbe opinion that it was safe. The latest estimate of the number of men entombed' Is more than 120. That all of them are dead there can be no doubt. The fire in tbe mine and the deadly gases, to say nothing of the awful force of the explosion, precludes any chance of rescuing any of the men alive. It Is reasonably certain that all of the bodies will never be recovered. Some of them were blown to pieces and others Incinerated. Two brothers named Surratt of Speedwell, Va who went to the mine at the time of tbe other .explosion through curiosity, accepted positions, and both arc In the mine. State Mine Inspectors Phillips and Nicholson are directing the work of rescue. Crews have been formed and arc venturing in as far as the air Is pure enough to breathe in their efforts to reach those entombed. $50,000 VERDICT FOR WOMAN. Mre. Alvln Qoilin Accuses Rival of Stealing Huiband. New York, Jan. 13. Mrs. Una Goslln got a verdict for $50,000 from a Jury in the supreme court against Annie Irene Magher, whom she accused of alienating the affections of ber hus band, Alvln R. Goslln, and running away to Paris with him. Mrs. Goslln testified that she handed $30,000 to her husband with instruc tions to invest It in real eshtate for ber, but that be Instead bought two houses and recorded tho deeds in the name of -her rival, Miss Magher. She will now sue to get the two bouses back.