CERTAtPJTRE
was sea
BETWEEN CHIEFS
iiumiiih 1 s 1 aaear .
BY UfJITED STATES
ftTBATTLEFROFJT
SERVE OUT TERM
-tOSTlAHS
Official Paris Statement Admits
Early ImprovemenTlnniaWtJolig
Fighting in 'Belgium On. Christ
mas Day Was Fiercest of
Month
Politqial Situation in Mexico Al
AMERICA!
CONSULS
ANOTHER RESPITE
Some of Those in Belgium Are
Persona Non Grata To
Germany
DELICATE SITUATION ARISES
Convicted Murderer, cf Mary
ThlirEnmyaTAiTrev
jment of American Commerce
By British Fleets
Charges Appear To Be Gen
ejflagailUu
eral and Intangible
Some Success
Next Month r
though Not Alarming is run
of Uncertainty
IB? tat AaMctattd Tnm.)
A
1-
I
I-
THAT .CUXHAVEN RAID
French Are Enthusiastic Over
Hie Success of British Crui
sers and Seaplanes But Ger
mans Assert No Damage
Was pone; London Still Ex
pecting Visit From Fleet
(Br Um tmmlum hml
London, Dec. IS. (11:8 p. m.)
- The battle llnea In the east and WMt
have undertime few change In the
part day. French and German reports
agree that the German bark captur
ed a section ef trenches near Holle
beke, south of Ypree. The French
aaaert that the Oerinana gave P
trenchea on the first line, to the ex
tent of about 800 or yard lith
Lena region, farther east, while un
successful demonstrations have been
made from both sides at various
points along the extended lines,
fierce lighting Br brim.
The reports of the numbers of
wounded both armies are sending back
from the lines In Belgium appear to
now thai the fighting on Chrtetma In
that country Was the fiercest of the
past month. Correspondents In the
rear say the Belgians, as a result of
Ave days sapping, captured nearly 1.-
000 Germans with only small losses
to themselves.
According to Russian reports. Qr
.man attempts to capture Warsaw have
failed, while the Berlin official atate
. - meat -says there 4s general confidence.
that the German and Austro-Hunsa
rian forces are making progress along
the great rront.
French Nevrspapcr Enthuataatiu
french newspapers are .enthuslas
- tic over the raid by British cruisers
and sea planes on Cuxhaven. They
consider Improbable the German
state men t that,- although ships at
Cuxhavea and the gas works were
hit by bombs, no damage was done.
The naval writers speculate on the
moat remarkable engagement of
twentieth century warfare. They
'" conclude that the German ships fear
ed to give battle to the British cruis
ers because of the uncertainty as to
Whether the British battleships were
lurking behind them. The fact that
the Zeppelins were driven oft la taken
by some as evidence that the Zeppe
llaa . really are "' untrustworthy craft.
Others think it means that the Ger
mans are husbanding all their diri
gibles for a grand raid on England. -
Home writers argue that If Cuxha--ven
can thus be attacked, why not
Helgoland, Wllhelmshaven and even
the Kiel canal.
Commander Hewlett Killed.
The only damage the British ex
pedition sustained was due the loss of
several hydrophones, while Comman
der Hewlett was the only person who
lost hit) life.
The British people are losing whaU
over fear of the Zeppelin they held,
, perhaps prematurely, but the exploits
of the airmen on the continent and
the scouting trip of the German flier
over Kent on Christmas day. shows
there la a strong possibility that the
taubes may repeat over London, the
"vlatt with bombs which they paid
over Paris and Warsaw.
Warning to London Residents.
The authorities Issued a Warning
today of the danger to people In the
streets from guns which may be used
In London against hostile aircraft and
Hd vised the people to take refuge in
basements if they heard the sound of
explosives or guns.
A heavy windstorm with rain and
snow gaept overpart of England
and adjacent waters today, and there
probably Is much suffering among
"sailors on duty, on the smaller craft,
off the coasts.
PREPARATIONS UNDER WAY
FOR EVACUATION OF NACO
Doth Villa and Carransa Generals
Have Agreed to Plan lropoecd By
Neott.
(fir um Awuud ms.
Naco, Aril.. .Dec. S. Preparations
for the evacuation of Naco, Sonora,
- were begun today by General Ben-j-noiff
Hill, who plans to take his Car-,
run &a force to Agua Prieta, opposite
Douglas, Alia. This Is In accordance
with the border peace plan propoa-1
. -ert by Brigadier (Jeneral Hugh JU
Scott.
. The final word Js. to come, from
II hot. Maytorena. Hill expects to con
1 if at Agua Prieta. but. Maytorena has
tnrown outposts an along tne border
east of here to prevent Hill's move
ment until the peace plans are fully
accepted. 0
Maytorena'a main body of Villa
troops is encamped at Villa Verde,
sixteen miles southwest of here.
NO DAY SET.
- Ttiaw Kxperts To Remain In New
Hampshire Indennltriy.
Manchester, N. H., Dec. St. Harry
K. 'thaw intends to remain In New
TTanipsnir las long as" possible, his
secretary saidj. tonight. The statement
answered a question as to what step
Thaw was contemplating In view of
the recent Supreme Court decision
that he should be turned over to the
New York authorities to answer an In
dictment charging conspiracy to- es
cape from Mattes wan.
How much longer the fugitive's stay
here might be, the secretary declined
to estimate. There have been 'no de
velopments, he added anu one ef
Thaw's leading counsel la expected to
visit him for the present. Thaw's
mother who -has been spending the
Christmas holidays with him, left to
day for Pittsburg.
BY PARCEL. POST.
Axncs of
Dead Man "Seat to Tokto,
Japan.
(Br t.-m rwa.1
' Boston. Mass., Dee. 21. The par.
eel post was called on today to con
vey the ashes of Teijlno Haaengawa,
.a Japanese artist to Toklo, Japan.
The package was accepted and start,
ed oa Its way after $1.10 la stamps
had been attached.
Washington, D. C, Dec. St. -Dispatches
from the BraxlHan minister In
Mexico City dated there early today
and received here tonight described
the political situation as full of un
certainty. The minister referred to
the lack of harmony between the sev
eral chiefs but Indicated that noth
ing alarming had developed and that
good order was being preserved.
From Its own agents also, the State
Department was advised that friction
existed between the Zapata and Ou
tierres factions, chiefly over Zapata's
desire to, execute many former Fed
era! army officers. At present a de
cree Issued by General Gutlerres sus
pending all executions pending a fair
trial is in effect. The uutierrei-viua
element holds the officers should be
given a trial and be represented by
counsel, but the Zapatistas are under
stood to desire their summary exter
mination. The United States government la
endeavoring to obtain a general am
nesty and while no promises have
been made that recognition will fol
low, the Mexican factions understand
that uiHeaa a humanitarian course to
ward their opponents is pursued, rec
ognition will be withheld. The United
States has Indicate clearly that It
will -look with, disfavor on continued
executions and I ts -remonstrance-ta b:
lieved to have been largely responsible
for the Gutlerres decree.
' The following - summary of dis
patches from Mexico was issued by
the State DeDartment:
"Latest information received Indi
cates that quiet prevails along the
entire west coast of Mexico.
' A-mast dispatch from Vera Crux
under-data of December 13 reports
that roving bands nave been pillaging
In various parts of the State of Vera
crux,
"A mall dispatch from truadalajara,
dated December 16. "states that the
C'arranxalsta authorities have made
Ctudad Guxman the capital of . the
State of Jalisco. Another dispatch
aoder date of. December 17 reports
that the city of Guadalajara is quiet
and in the hands of Villa forces.
"The department has been Inform
ed officially that Maytorena has with
drawn his forces from the trenches
heretofore occupied (at Naco) burn
ing his shatters. He is reported to
have gone eight kilometres south.
"Consul ttlmplch reports from No
gales. Alia,, that telegraph communi
cation with Hermosliio 'ntd Cananea
la Interrupted. He also repirU heavy
lasses l the State, .of Sotnura to. talk.
ways and other ioper:y by flood.
"Consul Canada at Vera Crui tele
graphs irnder date of December Z
that Carransa's foreign office, claims
to have no knowledge of the reported
arrest at Vera Crux of Doctor Villa
real, of the Mexican Bed Croes. The
consul adds that Dr. Vlllareal's pres
ent whereabouts are unknown."
WASHINGTON INTERESTED
IN SYRIAN DEVELOPMENTS
Italian Cruiser To Help American
, V) arshlp Protect Kef ugeea Is
Hcport.
(Hr th AaxicUtal nrnl
Washington, Dec. 2S Officials
here, although without official ad
vices were keenly interested tonight
in a Rome dispatch saying the Ital
ian cruiser Calabria at Beirut. Syria,
had been instructed to help the
American cruiser. North Carolina
protect refugees on the Syrian coast.
Secretary Daniels cabled the dispatch
to Captain Oman, or the North Caro
lina, at Beirut and to-Captaln Deck
er, ot the cruiser Tennessee, which
left Jaffa yesterday, taking refugees
to Alexandria.
Mr. Daniels also repeated his re
quest for Information from the cruis
ers, .commanders concerning a recent
Athens dispatch announcing that . the
North Carolina had threatened to
lire on the port of Tripoli, Syria,
when the Turkish authorities sought
to prevent the departure of British
and French consuls on an American
steamer. Repetition of this request
was ordered because it was feared
the first message had failed to reach
the cruisers.
A report from Captain Decker, of
tho Tennessee, earlier In the day told
of the departure of 600 refugees on
his vessel from Jaffa, but did not
mention other. Incidents Involving the
American ships on the Syrian coast.
Government officials, who are
kentlcal about reports that the
North Carolina threatened to fir? on
Tripoli, expressed the opinion to
night that the United States was a
neutral nation, could best maintain
He- trlesuU jtelatjonswlt h Turkey If
11 aeaii wun ine situation mere wrrn-
out assistance. It Was suggested.
therefore that the Italian proffer of
co-operation might be rejected if
made officially to the I nited mates.
LODGK PROTEST.
Great Britain Has Pat Naval Stores on
Contrahrand Lb.
(Rl Um AaocUUd Pna.1
Savannah. Oa., Dec' 28. Protests
against . the British government's re-
rent action In placing resinous pro
ducts and turpentine ort -the absolute
contraband list were telegraphed to
Secretary of Slate Bryan at Wuh
Ington today by Governor tilaton of
Georgia and Governor Trammell of
Florida.
The Governors request the State
Department to ask Great Britain to
reconsider its action and assert that
serious Injury threatens the naval
stores Industry it the policy is ad
hered to. Iteslnoue products and tur
pentine are Important Industrial Items
in several Southern States.
The board of trade-of-Tampa, Fla,.
It was learned here tonight, had re
quested the principal commercial
bodies In .the South to protest the
British government's action.
Catholic Educator Dead.
(Br U' aaawuu FnsO
New York. Dec. II The Key. Rich
ard K. Wakeham. widely known as an
educator' In Catholic colleges, died to
day at Cold Spring, N. Y- aged t
yean. For II years he had been en
gaged la the education of priests hav
ing taught at seminaries . in Boston
and Baltimore as well as fa this
State. The Ue will be buried in Co
lumbia, Va,
Germany it Wouid Seem Is Try
ing To Have United States
and Other Powers Recognize
Her Right To Annex Belgium
To Her Domains
u
Washington. D. C. Dec. 2. Ger
many has notified the American State
Department that American consuls in
Belgium must be acceptable to th
German military authorities it was
learned today. The notification also
said It was desirable that some Of the
American consuls in Belgium be with
drawn for the present at least.
Secretary Bryan declined to make
public the text of the German com
munication or to comment upon It
until he had had full opportunity to
consider It. -The understanding In
official circles, however. Is that the
notice I similar to th? one sent Ar
gentina and other neutral countries,
and that, while the German govern-.
wteTft'soe'''1ibt'' Insist that consul In'
Belgium take out new exequaturs
from German officials it announces
that Such consuls must exercise their
functions only by permission from
ths military. authorities in control of
the territory in which the consulate
Is situated.
C'oimuIx Have little to Do.
The United States aao'eonsular -rea-rewtntatlves
only in Brussels, . Ant
werp, Liege and Ghent, and since the
war began they have had little work"
of the ordinary -character to-dtt'Thelr
activities have been devoted largely
to looking after refugees and aiding
In relief work.
The request for the withdrawal of
certain Consuls is said to entirely
Impersonal, and to be based upon the
law of military necessity which
recognises the right ol a military ot
fleer In command of occupied terri
tory to dictate absolutely the amount
and extent of civil business and th
manner In which It shall be conduct
ed in that territory.
Deposition of Depswtaaenc
The disposition of the department
apparently is to recognise the right
ot the authorities of a territory to
prescribe , a, bvaat temporary--cooat,.
tioas under, which consul shall dis
charge their duties, and It Is eon
tended this can be done without In
any way committing the United State
to a political recognition of the light
of the military occupant of a terri
tory to Its possession.
Regarding the withdrawal of con
suls from certain points, under color
of military necessity. It Is said that
there need be no actual interruption
of commerce In consequence, because
under American consular regulations
In the absftpce,) pt a consul, two repu
table merilixnta may reader accept.
able cemicatesyto an Invoice of
goods. 1, t
The Japanese government already
has Intimated Its objeartba to the
presence of foreign consuls ki the ter
ritory of Klao Chow, captur.
ed from the Germans. h.AUappll
cations have come ta Ifte eate De
partment from tne mercantile inter
ests urging the return Vif American
Consul Peck to Tslng-Tau. but In the,
face of Japanese opposition and In the
knowledge or the fact mat tne order
of exclusion rens against consuls of
all nations alike, the State Depart.
ment has not felt called upon to
force an Issue by ordering the return
of Mr. Peck to his post. . . .
M. Haveniin. tne Belgian minister,
called at the State Department today
after the German notice had been re
ceived.. 1-ater he Issued this state
ment: "The Belgian minister has been in
formed that the German government
has notified the neutral powers Its
Intention to cancel the exequaturs ac
corded by the Belgian government to
foreign consular representative.
"The Belgian government has pro
tested against this step. The Issue as
well a the cancellation of an exequa
tur are acts which Imply the sover
eignty of the state from which they
emante. Now a power In military oc
cupation of territory only enjoys a
de-facto -possession which cannot be
transformed, Insofar as its relations
with neutral states are concerned. In
to a state of sovereignty Such a
change could only become lawful, by
the consummation of a treaty of peace
determining definitely the status of
the occupied territory.
IMMTGrTATlOW BILtr 7
WILL ENGAGE CONGRESS
Member Bark In MaHlilngton, from
snort nuuaai, nrauy 10 rnarv
Grind.
Washington. Dec. 28 While many
mmKrfl nf Cnnmii returned to
Washington today from the short
Christmas holiday, prepared for the
resumption of business tomorrow, ad
ministration leaders feared a quorum
might not pe present in eiiner n ouse
Tn The BenaleTTne Tmm'IgfalloiT'Tnir
will he the order of. business.
Should a point of no quorum be
made an adjournments protiebly
would be forced. In the House the
postojnee appropriation bills Is the
unfinished business. No .agreement
has been reached to proceed in the
absence of a quorum.
-Opponents of the immigration bill
with Its proposed literacy teat, hope
to r place further consideration ef
the measure temporarily at least,
by appropriation bills. Senator
Smith of Sooth Carolina, chairman of
tne immigration committee said to
day, however, that the bill had
enough friends In th Senate to pre
vent its being replaced and to bring
it to a vote, notwithstanding that
President Wilson has made known
his opposition to the literary test.
House leaders aald today the forth
coming fight on the resolution to
submit a constitutional amendment
for equal tuff rage probably would not
be brought op until all members par
tirularlv Interested in the ntsuea had
returned.. . It may be in the rrUddle l
of January berore the lasae-ls launch
ed for general debate and decision.
MUCH; FEELING AROUSED
Public Criticism Is General
Throughout Country Over
Unwarranted Interference
With Legitimate Foreign
Trade; Document, Text of
Which Was Cabled To Am
bassador Page, Constitutes
Strong Representation On
Jhe Subject
(Bf Um iaiflnil Prat!
Washington. Dee. it The United
State government today dispatched
a long note to Great Britain Insist
ing on an early Improvement In the
treatment of American commerce by
British fleets. It warned England
lhalm uch feeling had been aroused
In this country aad that public criti
cism was general ever unwarranted
Interference with th. legitimate for,,
eign trade off The Vntted State. .'
The document, constituting the
t rongost .representation on the sub
ject by the United Slate to any of
the belligerents, was cabled to Am
bassador Page to fee formally present
ed to Sir Kdwar rey. the- BrHl.h
foreign secretary. Its preparation waa
begun .a month, age by Solicitor Con
ohnaon. Counsellor. Robert lamrin.
and Secretary Bryan, and during tne
iast two weeks had the personal, at
tention of President Wilson, who re
vised 1U phraseology with minute
care.
" Protests Go rnfccedcd.
As the detailed point of vuw of the
I'nlted Statea tn tr. numerous speci
fic cases of detentions and seisure of
cargoes had beea art forth in a series
of emphatic protests, most of which
have gone unheeded, today's commu
nication was couched In general
terms covering th entire subject of
the relation between the I'nlted
tjtatea and Great Hattaln as affected
by th latter naval policy, consider
ed highly objectionable to thla gov
ernment. The not declare at the outset that
th rapresentaUoa. ra mad In a
friendly vplrlc ut Tuat th Chlted
Mate consider it beat to speak In
term of frankness lest silence le
construed as an aculeacene to a policy
of Great Britain which Infringes the
rights of American cltisens under
the laws of nations.
Intcd For Franc Also.
Since Krance has aaopteu virtually
the same decrees on contraband as has
Great Britain today's note la a state
ment Intended for all members of the
triple entente.
Intended For France Also.
The document points out that com
plaints on every side and public criti
cisms in the T"hlred States hold- the.
Brit h policy as directly responsible
for the depression In many American
Industries. Reimbursement alone for
cargoes unlawfully detained or seised,
It states, does not remedy the evil, as
the chief difficulty Is th moral effect
on American exporters who are re
strained from taking risks or haxards
-LhichJn.no rase ought to surround
legitimate trade between the I'nlted
males ana otner neutral countries.
Much reeling AroeKcu.
Feeling has been aroused on the
subject to such an extent, the com
munication adds, that the American
government feels compelled to ask for
definite information as to Great
Britain's attitude in order that it may
take such measure as wouid protect
American citixena in tneir rigms.
Tne' L tilted States, It points out.
was patient at first, realising that
hostilities had heaped a mass of bur
dens on th British government and
thfnklng an early adjustment of the
situation would came. Five months
have elapsed, it, asserts, with no Im
provemenl in the situation. In the
meantime, American shippers hare
availed themselves of various aug
gestions from the British government
such as shipping cargoes to definitely
named consignee In neutral countries
and the taking out of certificates from
consults In this country which fol.
lowed promises of the British foreign
ottice tnat the allied fleets consequent,
ly would cease detention of these car
goes. The situation, however, is de
scribed as having hardly Improved
after the ccncesniona
Prlnripals of Equity
Reference si msde In the note to
Lhm high principles of eouity which
have Wrtuatedrrf,,'Bl HBIw im huh
championship In the past of the free
dom of the sea to neutral commerce,
and the hope is eipreased that even
though a belligerent herself, she will
realise the seriousness to the neutral
of continued Interference.
Reserving until some other date the
discussion of those articles which
Great Britain has taken from the
generally accepted lists of non -contraband
and placed on the list of ab
solute and conditional contraband the
American government declare that
the British fleets have been regarding
atisnfulp .and t'uridltloual roiiti aband
as In the same class, whereaa inter
national law defines absolute contra
band as consisting of those articles
Intended directly for the use of an
srmv or navy, and conditional contra
band those article susceptible of use
i A fore, b'lt whose destina
tion must be the determining factor
In detentions.
-
rrgra Better Compensation Law.
tat th a-iiiml fr-s.)
Philadelphia. Dec ' It A uniform
workmen's compensation Jaw pro
viding payment of from it to I per
cent of wage In case of occupational
accident or disease, to be administer?
ed. by Stat commissions, waa urged
today at the opening session of the
Joint convention of the American As
sociation for - labor Legislation and
th NalkmalConferenc on . Unem
ployment. John Mitchell formerly . president
of the I'nlted Mine Workers of Amer
ica, pointed out New - Jersey, Mary
Hind. West Virginia and New. York a
Rtate O at have adequate compensa
tion lawa, -.. (
' - " . - . !..--.
MIND OPEN ON SUCCESSOR
WiH Make No Selection Until
Conference With Senator
Simmons and Secretary
Daniels; Expects Choice in
Two or Three Weeks; On
i Wayjo Washington
If left tn Congressman Edward W.
Pou. of thla district, the Indications
are that Postmaster Willis G. Brigg
will serve to the end of his term,
which expires early In February, not
withstanding the recommendations of
the poatothce inspector to the- Postal
Department at Washington that Mr.
briggs be removed on account of gross
carelessness.
Congressman Pou ws In the city
last night at the Yarborough ana
when asked as to the charges and the
course that the Congressman intenut-u
to pursue in the matter, he said:
"While 1 have not gone into the
chargee fully, having bad to leave
Washington for home, yet 1 know the
gist of the charges and they appear, to,
be' general' "and somewhat intangible,
and unless It shall appear that some
moral turpitude attaches to h. post
master r certainly would not ask fur
bis removal."
Before reaching home Mr. Pou
wired the authorities at Washington
requesting them to take no action in
the matter until his return. Upon
Mr. Pou arrival at Washington he
will' go through the paper in. the case
thoroughly. 1
A to the future Dostmaster he
would give no Indication as to the
man he would recommend; In fact
he ed thM his mind was still open
on the question.
t'.u wa v. ui opinion that In twn
or three weeks thnlhe would be no
tified by the Post master t oneral that'
there would be a vacancy In the post
mastership In Raleigh on Kibruury
4th. and upon the receipt ot this no.
tice he would then consult with Sen.
ator Simmon anu Secretary uaniei
a to who he should name as post.
master to succeed Mr. Brigge. H
believe that a candidate should bt
selected who Is satisfactory to Sena
tor Simmon, and he wa also of th
opinion that th wishes of Secretary
Daniels should be eonsulteo, tnia ne
tnsr kli Inmrtnm. - " ,-.--
Wuita a nuinoer of Mr. fou't
friend, called on him and a number
of the friend of the candidates for
the postmastershlp were in confer
ence vith him during his stay here.
Congressman Pou's visit to Hal
elgh was brief, as he desired to be in
Washington today on the reassem
nllng of Congress after the holidays.
"I have made It a rule," he suid
"never to miss a day In attendance
on the House, and In two years I have
posaibly bet n absent four days.
Going to Washington with Mr. Pou
this morning was his son, Mr. George
JL. Pou, who went to resume his
duties as stenographer to the Com
mittee on Claims. Congressman Ton
said that he had been very busy on
private affairs during his visit to his
home at Smlthfleld. that there had
accumulated matters having to do
with business of two years which he
had to look over, and that he went
back to Washington with very little
of any holiday during the recesi of
Congress.
GOVERNMENT TO ISSUE,
COMMERCIAL DAILY PAPER
Will Be For Pursmc of Promoting
Foreign Commerce of I nltrd Stales.
. .ill lM AaMK-Utctl I'rmt. I
Washington, D. C. Dec. 2s. To
protnilte the foreign commerce of the
I'nlted States the government will go
into the newspaper business January
I, next, when the first number of "The
Daily Commercial Report'' will be is
sued by the Department of Commerce
In It will be carried all important com.
mercial cablegram received from the
attaches at the various emltansles
abroad and from consular offices
throughout the world. It also will
contain brief abstracts of the findings
or investigators of the department in
many lines of American enterprise,
and will present to the business world
each day the gist nf-the business of
he Department of I ommerce for the
preceding day.
The plan for a commercial daily
was worked out by Dr. E. E. Pratt,
chief of the Bureau pf Foreign and
Domestic ( ommerce The new pub
IIthI Inn will take the place of the
dally consular reports' iiW"lWtiream-
K. A. Brand, assistant chief of the
bureau, who returned today from an
extended tour of inspection -rtf ihe
eight new branch offices of the
bureau, reported that the branches
were;meetlng with, a cordial reception
from business houses and were wtikr
lng to full capacity In co-operation
with merchants and manufacturer.
LOOKING FOIl KA1D.
iAMMloner Warned To Stay In Doors
( Hp la Aunrlsled PrrM. I.
London. Dec. 28 7:85 p. m. The
British official press bureau this eve
nlnK made the following announce
ment: "The naval and military authori
ties call the attention of persoiu. ,.
ing the streets to the danger from
fragment of shell and from bullets
usd In the guns against hostile air
craft attempting a raid on London.
The civil population are warned
to keep under cover, preferably, in
basements, upon hearing the sound
of firing by guns t of explosive"
Steamer' .jdioJn-Fatiac- '
tn ia uoIimi rrssL)
San Francisco, Cal., Dec. 21 The
salvage steamship Iaqtia. brought
word today that the Danish motor
ship Malakka, ashore with a valuable
cargo on Cedro Island, three hun
dred mile south of San Dl.-go. Cat.,
has holds numbers on and two full
of water and that numbers 1 and 4
and th engine room are leaking, but
under control. No opinion of the
likelihood of salvag I expressed.
B th AanrUles Pnm.)
Pari. Dec Jl. (1:45 p. m.) The
French official statement given out
today concede the loss - of certain
i trenchea to the German but other
wise It claims advances for the force
of th republic.
Advance have been mads In Bel-
glum and near Lena the French pro
gressed 100 yarda In th Meuse there
ha been slight progress and a Ger
man attark In upper Alsace wa driven
back. Th French lost trenchea to
the German near YDree.
The text of the communication fol
low:
"In Belgium we have continued to
advance. To the west of bombs, we
are actually at the foot of th sand
dunes on which the enemy has estab
lished his line of resistance. At
point south of Yprea we have lost a
section of trenches near Hollebeke.
'In the region of Lens, near Car
ency, the enemy .yielded under our at
tacks (00 yards of first line trenchea
"In the valley of th river Alsn
and In Champagne there ha been In
termiitent artillery fighting, which wa
particularly severe In the vicinity of
R helms and around Perthea Her the
enemy directed their artillery Are es
peclally against the position to the
west of Perthes, conquered and occu-
uied Jiy us. ......
"On the heights of th Meuse there
has been slight progress by our troops
along the entire rront.
"In the Vossei. the enemv -bombard
ed the railroad station at St Dl. buT
the railroad servlr ha not bn In
terrupted.
"In upper Alsace, to th northeast
the Stelnbach. a counter attack f th
Germans waa repulsed.
Tn ' following nmrial cumitnmK1
tioq wa laaued by th war office to
night:
"During th. day a violent torm ha
interfered with operations along th
front . It is reported, notwithstanding
this, that we have made soot progress
tn the Argonne region.
CONGRATULATE PRESIDENT
ON BIRTHDAY ANNIVERSARY
Led By Herretat-y litjan Cabinet Call
at White House to Offer Feb el la-
Uoaa,
IBs Um AmsUU Pnsa.)
Washington. Dee. 21 President
Wilson tonight began receiving me.
age from foreign ttar cungratu
lating ftlm ri-w- Afty-elghfh
birthday anniversary. The' first to r
rive wer from King Georg. of Great
Britain and President Ratrada Cabre
ra, of Guatemala.
Led by Secretary rygn. the Preal
dent's Cabinet called at the White
House during the evening. Because
f the cancellation of all State din
ners and reception after Mr. Wil
son's death, - this gathering was -the
nearest apprnnrh to a social affair
held In the White House for many
months.
Among the messages received here
were several from parents of children
named for the President because
their birth anniversaries are the same
jlil his. Mr. Wilson usually answers
such niesaages personally..
USE OF WIRELESS AT
PANAMA CLOSED INCIDENT
(By thm Amuud hwvl
British Collier Making Breach of
Neutrality Had Not Bern Informed
of Order.
(By th Aworliud hml
Washington. l. C. Dec. 2s. Addl
tional reports to the British embassy
today "froiii'th British minister at
Panuma, clarify the situation as to
the use of wireless by British colliers
In Canal Zone waters.
As en Instance, of. thw alleged un
neutral use of wireless recently. H was
said, - the British collier Protvsllaua,
while in canal waters, received a ra
dio message from outside the three
mile limit directed to the British con
sul at Panama. The collier's cap
tain endeavored to forward Jt to the
consul through the American port
captain The latter official refused,
and also caused the wireless apparatus
of the collier to be sealed pending
her departure.
It appeared the captain of the Pro.
tesilatis had not received official In
formation of new regulations prohibit.
Ing the use of radio outfits In the
canal except upon canal business, but
notwithstanding that, the Briilah au
thorltle conrede the attempt to use
the wireless wa improper and there
fore the incident waa regarded as
closed by report of the facts today to
the State Departments
One immediate, result of the the!
e-a4lie.dipatch of American
val vessels to the"tafiar55B8tO
safeguard neutrality.
McirtsjMilitan to Mutuallxc.
Illy UM AoociaMd ITM.I-
Nw Vol St. Dec. 21 Mutualisaiion
of the Metropolitan Life Insurance
Company was endorsed by policy
holders here today. Only about l,0
voted against the plan, while (S.000
gave their approval. Most of the
votes were h proxy.
M ut us lira t Ion already had ttecn ap
proved by stock holders, and directors.
M the State Superintendent of Insur
ance approves the proposal, control
of the company will puss into the
hands of the policy holders, who will
elect a hourd of directors.
Hereno lunc'S Will.
Auburn-. N. Y.. Dec. 28 By the
will of the late Soreno Kll.tha Payne,
Representative in 'Congress, admitted
to probate today, property valued at
175.000 is left to three sisters and u
son, William K. I'avne.
Battle In Vonee Mountains,
(Br UN AftMUUri hml
-Basel. Swilx.. via Paris. Iec. 28.
4:&5 p. m ) A battle lasting -from
December 24 until December it. oc
curred along th whole front of the,
French and German armies in the
Vosge mountains. The sound of the
cannon firing waa plainly heard in
Switserland. French aeroplanes ma
neuvering over the town of Muelhau-
sen, in Alsace, returned with sufficient
information, it is ald to aid the
French artillery to conduct an ef
fective fire on th German poaltlona,
JUSTICE LAMAR SAVES HIM
United "States Supreme Court
Justice Overrules Judge
Newman and Finds - That
Several Questions of Federal
Law Are Unsettled and AI
Lows Appeal
(UT 1st Initlstsd rial
Washington, Dec. 2. Justice Ls
mar, of the United State Supreme
Court today granted an appeal from
th refusal of the federal dlatrlct
court for Northern Georgia to release
on habeas corpus proceedings, Leo.
M. Frank under death sentence for
th murder of Mary Phaxan, at AUi
lanla. . V
rrank ha been sentenced to be
hanged January 22, but Justice La
mars action causes a stay of xoa
tion. Thirty day are given for tho
record of the proceedings In the lower
court to be filed in the Supreme Court -here.
The Stat of Georgia then may '
ask that the hearing of the case .be,..,
advanced. Some suggestions generally
are granted.
A a result of Justice Lamar's ac
tion today th entire court will pasa -trpoti
Frank s -right--to- aelt release 7
from custody on a writ of habeaa"
corpus on the ground that the trial"":
court of Fulton county lost Juriadlc- .
tion over him by its failure to have'
him present whn the Jury returned
It verdict .;:
Should the Supreme Court decide
Frank was not entitled to th benefit
of hs halx-a cocpus writr Ue Stato
of Georgia would nbt longer be barred .
from carrying out the death sentence. .
If the court decide he waa entitled
to ask for the writ, the case probably ;
would be remanded to the district '
court for the taking -of evidence on
the petition praying for the writ.
May Go Free, . '
Should the iiuprem Court eventual
ly decide that Frank must be released
from custody. It was said, a further ,
question, about which there ta uncre
talnty, would arise a to the power of
the Stat to indict and try him a sec
ond time. It Is said authorities differ
as to whether the first trial -would ba
regarded a having placed Frank In
Jeopardy..,.-,.!
Till waa th cond tlm Frank's -
fat ha - rested la Justlc Lamar' .
hands, After th Georgia court had
declined., to set aside th verdict of '
conviction, Justlc Lamar was asked
to Issue a writ of error for th Su
preme Court to review the case. Ho
declined on the ground that no federal
question was presented. Inasmuch a
questions of proceed u re were for the
States to decide. Justice II orsnes, and ;
eventually the entire court, pursued
the same course.
Application was then made In tha
Georgia federal court for Frank' re
lease on a writ of habeaa corpus.
Judge Newman held Frank was not
entitled to the writ and refused to'
grand an appeal to the Supreme Court
because ho was unwilling to Issue a -certificate
of "probable caus'aa"tw-'-.
quired in surh appeals by a federal
statute of 1901.
I,amar Grants Apjasal. -
Justice Lamar theri wa asked to
grant ,the appeal and issue th certi
ficate. He found that several ques
tions of federal law, unsettled by tho
CSupreme Court existed in the cas and "
hence gave rise to. "probable cause" -for
the appeal. These were whether
the federal constitution require aa
acrused to be present when a verdict
Is returned against him in a State
court: the effect of the accused not
raising the point of his absence on
a motion for a new' trial, and tha
effect of the Supreme Court' own ae7
tion in refusing to grant the writ of
error in a case where an alleged Juria-
dlctional question was presented In a
motion filed at a time not authorised,
by the practice of the State where the
trial took place.
Atlanta Boar of Decision,
Atlanta, O.. Dec. 2. Solicitor (len
eril Dorsey who conducted the prose- -cutlnn
of Leo. M. Frank when Inform- .
ed that J ustlce "I Jimar had granted
rFrank'a appeal on the habeas corpus
proceeding stated that the state.wouia j
expedite the case as much aa' possible.
He said he hoped to have the causa
heard In the Cnlted State Supreme
Court within sixty days, or sooner It 3-- -It
could be arranged. T '
"Its a long lane that ha no turn
Ing.' said Frank In .his celL
WANTED TO MAKE SURE '
HoustrwuiirBURiTrr
OH, Turrxntlne and Other Innamma-
Mrs Fuird Burning In House of
Honduras Consul.
Illy Uk AsMrtsmr-rre. ) .
San Francisco, Cal.. Dec. St. Fer
nando So mora Vivas, consul general ,
here of Hondura. was sires ted to
day on a charge of arson. H had'.,
been under police urveillanc since
last -nio-ht.- wheaflemEnarAssJo I
have found that his burning- house
hsd been liberally sprinkled with oil
and turpentine.
Bureau drawer' in the bedroom
were found filled with paper saturated
in oil: carpets had been sprinkled
with inflammables; boles had beea cut '
through the ceilings of closet for
flues, snd streamer tied from th.
rafters to guide the flames, it la al- 1 :
leged. ....
Viva was round partially ciaa an
the stdewalkq ahortly after th fire
men arrived. At police neaaquartara
he aaserted hi consular position aa
the representative ef a foreign aatloa
made htm immune rrom praeecuuosv.
. Carmalt Give a Job. '
tnr tan
Washington. Dec St 'ame W.
Caxmalt today "waa appointed. Chief
examiner of the inter-state Com
merce Commission to stirred Ross D.
Krnder. resigned. Mr. Carmalt has
been connected with th commission
for several years and recently waa
the confidential, examiner attache ta
th stag el Chairman Mar tea.
i