The evening world. Newspaper, September 27, 1911, Page 16

ee ——e- ERE SARERERIOEE, THE BVENI KEL TRUST [DEMOCRATS FIGHT. GOT COMMISSION ASPLANNED BY TOBACCO COMBINE Its Lawyers Agree Upon the (Method of Turning Business Over to Three Companies. TAKES UP BONDS AT PAR. But the Government Has Not Yet Consented to the , Proposed Terms. Phe Tobacco Trust plan of reorgant- tation, according to the mandate of the Bupreme Court, 1s now about ready for Presentation to the United States Cir- cult Court. In two weeks a petition will be filed, setting forth exactly how & model trust may operate. So far the Government has not agreed to sanction the plan, but the trust managers sanc- tion it; so do the operatora in the financial district, and hence the tm- portance of the scheme that te now Characterized as “model.” Originally the Tobacco Trust was the American Tobacco Company, with $0,- 2,400 of common stock, $78,689,100 of Preferred stock, $52,882,660 of 6 per cent. bonds and $47,809,200 of 4 per cent. bonds outstanding. Added to this was some $3,650,000 of the bonds of the Consoli- G@ated Tohacco Company. With this capttalization the trust Owned and operated a number of sub- Bidiary corporations and engaged in the buying, manufacture, distribution and fale of tobacco and Hcorice products. The courts held that the trust could hot, through one office, conduct the unified business. HERE 18 THE PLAN FOR THE “MODEL” TOBACCO TRUST. Here is how the Trust, in the peti tion which it thinks the Government will accept, proposes to get around the trouble into which the Supremé Court @uunged tt: Take up the bonds of the com- pany at par. rm three companies to con- uct the business of the e14 organ- buying, mani and sale of the tobscco and loorice vroducts. Make each of them ® competitor of the others. But this striking atate of facts stands out for the contemplation of the law- yers and Judge The stockholders in the one company, which for !dentification will be called “A,” hold just as much stock in the other two companies, “B" and "C," as they do in “A. ‘The ownership of all of the companies js {dentical. Whatever heads of the three com- do in trade they must ployers, the stockholders, for their or+ ders. As to the stockholder, he is merely changing his relation #o that where one held a certificate for thirty shares of stock in the old company, he will tn future hold three certificates for ten shares each in the three new companies, never changing his position with refer- ence to the entire tobacco industry, Ror its position with reference to him. In its last analysis the change reems to be merely one of label, and the at- torneys who are working on tho plan fre curious to know what view the pub- Ue will take of the plan, It 1s known that there is no unity of sentiment among Government lawyers respecting the question as to whether this “model” trust docs or does not comply with the law. Incidentally, it is charged that Thomas F. Ryan and other holders of the 4 per cent. bonds will get a pretty Penny out of the scheme because it falls for the redemption of their bonds at par, although they paid only about for thom, — EX-GOV. PROCTOR OF a VERMONT IS DEAD. Inherited Political Prestige From Father and Last Activity Was \ Against Reciprocity, (Spectal to The Evening World.) PROCTOR, Vt., Sept. 27.—Former Gov. Fletcher D. Proctor of this Btate died He had been 1! of a com- plication of stomach troubles for many Months and death was not unexpected His last wusiness or political activity was to visit Washington last April to urge the Vermont delegation in Con- grers to oppose the Canadian reciproc- ity programme of President Taft. Fletcher D. Proctor wi the son of Redfield Proctor, Secretary of War in the Cabinet of President Harrison, suc- cessor in the Senate of George F. Bd- munds and one time himself Governor of Vermont. Senator Proctor died in 1908, leaving to his son all his political prestige, as well as his vast marble quarry interests about the town of Proctor, which 1s near Rutland. oe umeree “RAISE” CUT PROFITS ’ — N. ¥. & N. H. Stockhoders Told How Increased Wage Plan Works . New Haven, Sept. 27 Jen of the New York, New Haven and ord Hatlroad Company, in his an- 1 statement 16 stockholders to-day, ‘esident Me!- ws that the company and {ts excluding the Ontarto and the Boston and Maine ana Central and thelr controllea total revenue for the fiscal 290,983, expenses of $58,070,- 4@ and net operating revenue of 166,507. ‘The total income ts $29,380,518, divi- ends paid $10,886,091 and deficit $211,288, President Mellen says the increased Wages for the year of more than §1,500,- 00 dollars was a major factor in the TOSAVETHELEW | ELECTION LAW Argue Statute Is Constitutional and Admit It Aims to Stop Fusion. Justicos Ingraham, Dowling, Clarke, Miller and MoLaughiin heard argu- mente to-day in the Appellate Division of the Supreme Court on the appeal from the new ballot Iaw, which was de- clared to be unconstitutional by Justice Gavegan in the Supreme Court to tho extent that the Board of Elections was ordered to disregard that part of the chapter which prohibited the name of & candidate appearing on more than one column on the ticket. ‘On behalf of the Democratic State Committee, D-Cady Herrick contended that the law was constitutional, Asso- clated counsel with him were Frank M. Patterson, R. B. Moffat, Stanchfield, Bartow &. Weeks and E. M. Rabenold. Terence Farley and A 1. Elkus argued the appeal on the same lines for the Board of Elections, A. 1. Gilbert, for the New York County Re- publican Committee, and H.R. Lin- the Independence League, declared the new law would destroy independe parties and individual righte and was clearly unconstitutional, ADMITS MOTIVES MIGHT BE ATTACKED. A. I. Elkus argued that while the motives behind the new ballot law may be questioned perhaps, it could only be attacked on the ground of con- stitutionality. The opponents of the Jaw had worked out an absurdity, he John B, | burg, counsel for John J. Hopper and} OF $20,000 IN THE Charles J. Samuels Tells at In- quiry About Fee for Selling People’s Concern. DIVIDED AMONG THREE. He Kept a Third and Gave Rest to Roth and Joseph Michaels. Counesiior Jamen Cropsey continued to-day in the Union Bank inquiry in Brooklyn before I Banking Su: perintendent Dodge to try and discover how Interested persons split the $290,- | 000 excess paid by the Mechanics and ‘Traders’ Bank in 1906 for the People's Bank. THe succeeded tn establishing wherd $20,000 of the elusive $290,000 landed, but the other $270,000 could not be definitely located Pre us sessions of the tnquiry have brought that the People's Bank, which valued itself, igcluding real estate owned, at 00 wis bought -by the Merchants and Mechantes’ Bank for $810,000, that the purchase was concented on the books of the latter Institution tn two dummy acgounts, and that although an agreement fad been entered between the two institutions to buy and sell 20 shares at $270 a share the price actually paid was 406 a share. George W. Spense, formerly president of the Poople's Bank, was the first wit- puty out Jared, in attempting to show that a ballot under the new law would be of an impracticable dimension and that voters would be lable to vote wrong. “That would mean votere of very Ittle intelligence." “We such voter Justice “Now it has been sald that the was devised to prevent fusion, tinued Elkus, ‘There is nothing In tl statute to bear out such conclusions. Even if the law is found to be unfair and unreasonable, it cannot be held un- constitutional.” ‘Mr. Limburg said: “The primary pur- Pose of the act was doubtless to ren- der impossible successful fusion upon candidates, judicial or otherwise, If the Citizens’ Union nominates one can- didate, whose name appears in the Re- Puriican column, one whoe name ap- pears in the Democratic column, one in the Independent League and for the re- maining offices candidates who have not been nominated by any other party, it would require four different marks to vote @ straight Citizens’ Union ticket, while requiring only one mark to vote & straight Democratic, Republican or Independence League ticket. If the Citizens’ Union should nominate candi- dates and a week later the Republican Party should indorse or nominate ti samo candidat all of the Citizens’ Union candid would go in the Re- publican column and the union would have no candidates under {ts emblem. “What does an independent body lose if one party has all its candidates?” asked Pistice Miller, ‘Then the attorney replied that the in- dependents might not care to vote un- der any other party emblem than its own. MORE remarked tute IMPORTANT TO VOTE FOR PARTY. “Your idea, Mr, Limburg, is that it is more Important to vote for party than for candidates.” suggested Justice Dow- ling. The attorney submitted a sample bal- lot of what he predicted would be its Appearance under the new law, and added: “We defy any one to take that sample ballot and ascertain therefrom what parties and what independent bodies in 1909 nominated William J, Gaynor for Mayor.” Judge Herrick said the law represent- ed the efforts of the Democratic party to fulfl its campaign pledge to bring about election reform. REPUBLICANS ARE UNANIMOUS AGAINST CHARTER ALBANY, Sept. 2%.—The Republican mombers of the Legislature, tn caucus to-day, voted unanimously to oppose the proposed New York City Charter bill, After a long debate, the caucus over- ruled the proteste of Leaders Brackett and Merritt, and committed the party 43 & whole to opposition of the Con- Gressional Re-apportionment bill, Tho action of the Republicans in de- clding to oppose the two bill that the Democrats must h member at the sessions to pas , Among the Democrats there 1s consider- able insurgency and if the bills are de- it will be through the opposition ral Democratic Senators. Senator Travis of Kings presided at the caucus and Assemblyman Hammond acted as Secretary. Some of the leaders were adverse to making the reapportionment bill. a party measure while others, led by Sen ator Fmerson, insisted ihat the caucus oppose the present reapportionment for | fear they would get a worse deal. They | declared they would not be bound to vote against this charter if the reap- |portionment was not also opposed. | Further tha) of Gov he enact- |ment of a ; ina- tlons law, no business was attempted by the Legislature to-day. Majority Leader Smith announced conference of tho Demooratic Legisla- tors at 10 o'clock to-morrow morning on the New York Charter and the re- apportionment bill. An effort is being Operating expenses. Had the old 4 wages been maintained would ve been @ surplus over th ot} Assemblymen and the confere: made to organise an Insurgent mov ment agai Charter among t! this afternoon that there would be a| ness heard to-day. He could not ac- count for the disregard of the agree- ment in the trade which he signed on behalf of his bank to make the sale at $370 a share. He said an erasure had been made in the agreement, but he couldn't account for the erasure. Paul Grout, a brother of Edward M. Grout, prepared the papers for the sale, Mr. Spence said. He added that Charles J. Samuels got $20,000 comnff- mon for bringing about the sale. TELLS HOW HE DIVIDED HIS COMMISSION OF $20,000. Mr. Samuels, an iron merchant living at No, 133 Eighth avenue, Brooklyn, then took the stand. He sald he ne- gotiated the sale at the request of Henry Roth, a director in the Peo- ple's Bank, who first approached him in the fall of 19%. He went to David A. Sullivan and the late Sheriff But- ing, who were running the Mechan- fos and Traders’ Bank, and persuaded them to buy the People’s Bank. Out of his $20,000 Mr. Samuels said he gave President Spence of the People's Bank $76 and told him to buy a sult of clothes, The remainder of the money he divided into three equal parts, giving one- third to Mr, Roth, one-third to Joseph Michaels, a director in the Mechanics and Traders’ Bank, and reserving the other third for himself. Mr. Roth was the next witness, He corroborated the testimony of Mr, Sam~ uels, It was a great surprise, he sald, when Mr, Samuels handed him something over $6,500, but he took the money. ‘The last witness of the day was } Hutchings, Chief Bank Exami examined the Merchants and Mechanics’ Bank twice in the Ned in the 197 panic, ‘The bank had $8,000,- 000 in unsecured loans. Why didn't you take some action?" asked Mr. Cropsey “I thad confidence in the officers of the bank,” replied Mr. Hutchings, The inquiry was adjourned until Fri- day, Sonniosiadiiaiaeai WIFE SEEKS TO END LIFE nd Out of Work, She Inhales George Goldberg of No. 157 East One Hundred and Fourth street, a plumber, has been out of work for seven week To-day at noon he returned hom tell his wife the same old story of hard luck in hunting a job and found her lying on the bed tn thetr three-room flat with a tube from tho gas fixture in her mouth ‘Their six children her. He sent one o: 6 crying around hem out for a | policeman and she was taken to Harlem Hospital by Dr, Baker. She has slight chance of recovery. Gitt Flag a Togo Heirloom. WASHINGTON, Sept. 27.—Concerniny the admiral’s flag presented to Admira Togo by the Army and Navy Club the Japanese warrior wrote the club: “The flag I shall hand down to my children to preserve forever as @ fam- JOSEPH P. MCHUGH & CO, Special Sale Now Going On; Second Floor Salesroom; 250 ROOM LOTS OF Values $1 to $4; reduced for this Sale to ~~ 25ca Vg APAR USE oth AND MANAGERS peciaty Invited to Call) will find 't all Papers p arranged tn ee and tagg QUICK AND EAST INSPECTIO ‘Karly Sclection Advised. Opposite New Public Libeary, ‘Clean Hands for Workers Boiled hands But a disgrace | HASLER UNIVERSAL | is to whip the doubttu) ones into tatloners and See Ennters’ uopty Ht FREE HASTINGS & MI 418 Nassau stron, New ten UNION BANK DEAL, FINE FOREIGN WALL PAPERS | 9 WEST 42d ST., at 5th AVE, | NG WORLD, WEDNESDAY, SEPTEMBER 27,1911. “BIG BILL” PLEADS |“YOULIE,” SAYS COP ~FORJAILBIRD WHO} 10 SCHMITBERGER STOLE Hs cl INTHE TRIAL ROOM Has Sentence of Five Years in Sing Sing Cut in Half. OTHENBER “Take Off Your Sour ean Says Commissioner, and Off the Force He Goes. Street Cleaning Commissioner Ed- wards passed sentence to-lay upon the ex-convict, Henry Braun, who stole the Commissioner's new $75 overcoat from his automobile tn front of Park Row Clifford Pritt of the Tut Extra Heavy Persian Axminster Rugs tion, who was accused by Size 9x teet, woven from the Hd tor Schmittherger of ab- yarn, in all the new § rn ric Palicer ler. * Chtef Inepe Sanford’s_and_ Smith senting himself from post on the morn- ng . high soft Ing of Sept. 2, was tried at Brooklyn suitable for parlor, divrary Headquarters to-day by Deputy Com- Seething ag Te Omer Bullding, Sept. 19. \minsioner Wateh. Hritt, acting as his i Senin aed Rd Braun was arraigned before Judgs|own lawyer, attempted to prove that Foster in General Sessions to plead to|Schmittherger’s testimony that he ?}found the poltceman sitting at a ta an indictment alleging grand larceny | it's saloon, was untrue, The man ts fifty years old and has] “You were sitting at a table with a been in prison four or five times, H»|¢lass of wiitskey in front of you,” de- pleaded guilty. A policeman told the two-tone, floral and piece sale price Size 9x12 feet ed Persia: extra heavy and n their long’ wearing ties; baal :Stoweetrall the most want- floral and | allover. patterns; | Size 13,.0x10.0 feet; ‘or jd Oriental designs; clared the Ingpector. 180: You lie,” snapped the policeman. e ting room; regularly your dismissal, and allover “What do you think I'd better do with | Y@ir O's . effects; the defendant?” Judge Foster asked| ,Schmittverser held out his hand for regularly $15.00; spe 8. 97 guaranteed all wool; Mr. Edwards, who sat on the bench iva'tt to hit, and tuenee tt special to-morrow at. with him, ‘apt. Gulfer: “Pig Bill" hemmed and hawed. He mner Walsh announced that thought a while and thej whispered » recommend the dismissal to Judge Foster. “He doesn't deserve It,” remarked the Judge. “I think you are too lenient.” Turning to Braun, Judge Foster said whom he LINOLEUM — We si MAKEYOUR Commissioner Edwards, the owner of BEAUTIFUL XXX quality; all perfect ‘ ;| In all widths; choice the coat you stole, has asked me to be , goods, 2 yards ‘w Regular price $1.19; 1 : lenient with you. He thinks sou would UD badd bai a Tihs virley wha beautiful. wood and sides as (oaks not have stolen the coat if you had nize yourtell after fall patterns; regularly | tile patterns; new Fall] at 39; for this sale had a chance in life to be honest. On first application of ny i 6Se; sale price, sq. yd.,] designs; square yard, | morrow only, square 37ic | 85c 22ie | his recommendation I will cut the term AUBRY SISTERS* I Intended to give you tn half and send FAMOUS BEAUTIFIER You to prison for two years and alx/ tee dnelent oh tese Donat Pet ans thls months.” you'll be whi 1 te sites teed regularly. makes the skin per come and see me. (3 Massively AUBRY SISTERS, 3") "ft “yeh. JAMFS McGREERY & CO. 23rd Street 34th Street LACE CURTAIN DEP'TS. 1m Both Stores, | Unusual Sale. On Tuesday, September the 28th 1,500 Pairs of Rich Imported Lace Curtains, 4.50, 7.50, 10.50 to 15.00 per pair former prices 7.50 to 25.00 Orders taken for Lace Panels, Vestibule Sets and Bed Spreads. $25 Brass Beds ‘it? at 12. 98 |" “rat mater cking $12 Black Hair riba ( 4. 06 Romelinks Bed Spring. 2. ‘5 (Guaranteed 10 years.) UPHOLSTERY DEP'T On Thursday, September the 28th.’ + In Both Stores, Several Hundred Pairs of Rich Portieres, In Ali New York There I former prices 16.50 to 40,00 Imported Cretonne. 32 25c and 38c per vard former prices 38c to 6$¢e JAMES McGREERY & GO, 23rd street 34th Street come in and look them over, 18 In. Fancy Long Ostrich Feather Like cut; made of uncurled ostrich to like a willow; white or green; price.... 10,000 yards, inches wide. sale Women’s $20 & $22 Broadcloth Suits, 12.98 The handsomest and most fashionable The World Is the Greatest Advertising “Common Carrier” | for the price. Custom Alterations Free, 121,029 World Ads. Last Month EXACTLY AS PICTURED—Pointed sailor collar model; cloth; in blue or black; satin lined satin sailor: collar, soutache military buttons, satin stripe on sleeve; 200 Pairs of Real Hand Made mires yards long, on best Hit tic a we say it auble Bing th quality 60,425 Herald Ads. 32) sion and eine 10 YQ lowest. ch, reg. $2.75; pair &@ | Last Month Sale price. 400 Pairs. Beautiful White Real Women’s cher Black Voile Skirts and by regular and extra s| would ordinarily bring $2.50 ¢ well tailored, full width, to a customer.) None C, O, D, or by mail; 100 go on sale peta a When your advertisement is published in The World it gets a cisculation in New York City 100,000 copies greater, per os than obtainable through the Herald and Times COMBIN. we oT! 17" STRearT RUGS ano CA sian designs; woven in one regularly $18.00; W. & J. Sloane’s $18 All. Wool Heavy Velvet le DAG ‘ ° CRITE Smith’s $40 Ex'ra Lrrge Axminster R Judge he saw Braun wearing the coat,| peputy Commissioner Walen found on A @ dozen times too big for him, in China | Britt guilty, and in passing Judement Extra Hear Wool Tepestr Smi‘h’s $10 Heavy 9-Wirz Seamless town and arrested hith on suspicion. denounced him as unfit to belong to the Brussels Rugs, $8.97 bru sels Ru: $5.57 pe force. “Take off your shield and hi —— I suspected it belonged to @ fat} ie to Inspector Schmittberger,”” e 9X12 feet; woven of the best se- Size 9xO feet; shown in a variety of man," the policeman said, “and found) the Commissioner. “You are suspend- ote suitable for any room, Patterns and colorings; suitable Commissioner Edwards's namo in it." [ed forthwith, and I shall recommend in the house; in neat medallion) for any room in the house; this rug sells regularly for ¢ 97 is “It was my Intention to send you t | more Linoleum than any other store Sing Sing Prison for the maxim America because we give better values. For instance: jfterm, five years, for 1 do. not_ bal SKIN Wild's 65¢-Cork (Nairn's Thistle Brand | English Enamelled No. 1 there 1s any chance to redeem you. U joleum, 37h: Inlaid Linoleum Floor Oilcloth As Broun was led away he en- countered Edwards in the corridor. 25¢ 30c 75¢ “I took your coat so I could sell tt BY SuTree TINT . e and get a aqifare meal,” Braun told | uae arith the ine aulltier, produces a beaut! “Ail right, olf man," replied the | Bane jaa me we'll ‘gen i Commissioner. hen you get out, eats Beskizes ee green leatheretie; ; regularly Priced at $1 on sale to-morrow at. including Tapestry, Renaissance, Silk G ovis. Velour and French Jute Velour. Trimmed Millinery at 9-75, 1§.00 and 25.00 per pair 200 stunning Trimmed Hate (24 floor parlors); every concelvable new 1 ornament trimined; in black, purple, royal, ever produced and offered on sale in New York fect Fit Guaranteed. An Additional Saving of made of fine broad- tons; coat trimmed with satin and High girdle model; open panel front (Limit 2 125 — Skirts Made to Order for 1.00 Py purchasing sour } material at yar Bile or Dress Goods De- partment we will make your measure & tly man.tatloreg skirt with fit a workmanshin guarn’ teed: 10 new models to select from, we e@eaQgy 's_All-Wool 9-Wire ‘5% ~ Sei mless bru sels Kugs Size 9x12 fect; wide range of colorings in Per- 12.97 shown in floral, Persian high soft nap; for parior or sit- $40; Amirican Rever.ible S R Greatly Reduced vy Shown in the exact roductio the imported Peralan and perfect y remuleriy fy i regularly $10.50 ireg $16.50; at Made and Laid Free VEL two-tone and for ining room, hall j heavy and durable WOOL avy ° ng room and whe “n Yn many pretty pa ula a of ical ere to- yd., ion Library Suites Pieces Exactly as Pictured) constructed ;" upholstered 5-Piece Verona Velour Parlor Suites (like cut) at ap 75 $29.75 was the his s Ml price ticket SETENSION TABLES folie 17.98 OAR uDiNiNG Boom CHAIRS 0|: is No Pretti caned i toe mort r or Moré Stylish bs) YOUR style look 200 pairs of some hordgred Ar- Tapestry Por- like been for; wale price suit mure ieres — exs actly Porticres we've accusiviued to ai nurs Per- lay ‘Tapest ‘ortleres; rich . with Imported Tapestey ane borders in ight and dark effects, Y ‘To underst the exac ue of tt Portleres they must be seen, coat, but 4h (2,69 ,,_ trish Point Lace Curieins Made in St, Gall by expert lacework- ers; these curtains have 18 inch by 3% yards long; $7.50; pair 4, 98 yards; extra meaty: ality; Bag. and 20 i embroidered borders made on the best $3.50 Couch Covers at $1.98 dad, Negus and cars, and vine centres; 50 inches wide grade of net; worth Oriental rug designs, 60 inches by 3