"DIVIDE THE SURPLUS?
The President of the Equitable Life.
. JUDGE SAYS CONTRACT CALLS FOR All
. :ally to the stockholders, the institution
'is builded upon a false pretense, for it
\
:and representatives that it is
nest desire to reward in some fitting w ay
in the
3 WASHINGTON, May 3.
THEE V 1‘4“
l
'11111-G§jGii°A z? E '1' '1 E
Important Decision Against
the Equitable Life.
POIicy Holders Under This 11111111113
Will Share the Entire Surplus of /
.the Company, Which Amounts
to Fifty-six Million Dollars.
NEW’ YORK, May 3.—If the court of
appeals sustains ‘a decision handed
down by Judge Woodward, in the ap-
pellate division of the second depart-
ment, yesterday, changes amounting al-
most to a 1131101111.:11'11 in the conduct of
life inSL1ra1ueb1.;~‘...-ess in this state will
result.
If this decision stands. persons hold-
ing endowment policies in New York
Companies will derive :11ch-1 larger ben-
efits from their policies than they had
reason to expect, as each policy holder’s
share of the annual profits of the com-
pany in which he is insured will be
based on the total surplus of the com—
pany instead of on a stated portion of
that surplus. .
Judge Woodward in his decision takes
the ground that directors of life insur-
ance companies have no right to use
discretion in dealing with a company’s
surplus. He holds that the directors
cannot legally set asidea certain por-
tion of the income as a basis upon which
the earnings of policies shall be esti-
mated.
He makes it clear that such earnings
must be based upon the total surplus
of the company. '
In his decision Judge M’oodw ard is
upheld by Judge Cullen and Judge
Hatch. Judge Goodrich dissents, he
holding that directors of insurance
companies have the right to exercise
discretion in the matter.
Judge Woodward‘s decision was in the
case of Emil Greeff against the Equita—
ble Life Assurance society. Grceff took
out a policy in that company in 1882.
The policy was what is known as an on-
dowment policy, to mature in 15 yeais
It matured in May, 1897. The charter
of the. company provides that its busi—
ness shall be conducted on the mutual
plan and that each policy holder shall
be credited 3vith an equitable share of
the surplus.
In his decision Judge Woodward says:
“This company, organized in 1859 with
a capital of $100,000, has a surplus of
over $56,000,000. If this surplus is not
to be divided among those who have
paid the premiums,‘but is to go eventu-
has held out to its policy holders the
promise that this fund should be dis~
tributed among them, and it has avoid-
ed its taxes to the state upon the prop-
esition that the fund was held ‘for the
exclusive benefit of the assured.’ ”
Reward For Volunteers.
i». -The presi-
dent has assured several of his con-
gressional visitors from the w est of his
deep appreciation of the services ren—
dered by the volunteers, especially
those who have remained with their
regiments since the proclamation of
peace. 'He has said to these senators
his ear—
the courage and endurance of the vol-
unteers who had the 1"iOht to be dis-
charged updn demand, but who have
continued in the service and materially
assisted in bringing the Philippine war
to a close. It is more than likely that
President McKinley will recommend to
congress the striking of a separate
medal f01 these 1.oli1ntee1s, which will
diifer from the medals of honor and yet
be a memento of the Philippine cam-
paign and a recognition of the gov e111-
ment s gratitude to th ose who have up-
held the flag and supported the govern~
ment. ‘
Return of Sampson's Squadron.
NEW YORK, May 3.—Rear Admiral
Sampson’s squadron of three battleships
and two armored cruisers dropped an—
chor off Tompkinsville, N. Y., yester-
day afternoon, after a ten weel: s’ cruise
West Indies. The. flags h. p New
York, the Brooklyn, Indiana, Texas and
Massachusetts were sighted at 11:19 off
the Jersey Highlands, and two hours
later the ships were riding at anchor
off the Staten Island shore. They will
rema'n there f01 some time, and visit-
ors to the ships will be welcomed. One
by one they will be placed in drydock
at the Brooklyn navy yard to have their
bottoms scraped preparatory to the
summer evolutions offthe New England
poast. The start 011 this cruise will be
made early in June. Admiral Sampson
appeared to be in better health than
when he left here. He said that his
health was very good and that the. voy—
age was satisfactory.
The Jamaica Tariff.
KINGSTON, Jamaica, May 3.—P.ela—
the to the tarif 1? bill and the public de-
sire to secure a reciprocny arrange—‘
'ment with the United States the fact
now transpires that the government
has not disclosed the terms proposed
by the W'asiiington government last
year which the British secretary of
state for~ the colonies, Mr. Joseph
Chamberlain, 1ejected. Consequently
the re presentatives in the Jamaica leg—
is.atu1e will be unable to formulate
modifications of the tariff calculated to
meet American views unless some pub-
lic statement reaches them prior to the
bill’s final reading.
l{llled by a flour.
HARE ISBURG. 'May 3.—An infuri-'
ated boar bit Gemge W. Snoke, a farm— .
er residing near New Cumberland, in
the groin, severing a main artery and
causing Mr. Snake’s death by loss of
blood. On Sn’oke entering the pigsty the
boar. jumped at him and closed its
heavy jaws on the farmer’s body.
More Work For Prisoners.
, ALBANY, May 3,—The state prison
commisSion at its regular meeting as-
signed .to the superintendent of Sing
Sing prison as additional industries up-
on which to keep the convicts employed
the manufacture of castings generally.
‘park benches, settees and chairs and
door and window sashes.
Governor -w1u Sign‘ Eight Hour 3111.
ALBANY, May 3.——Governor Roose-..
velt has'announced that when the Sa-
' bine bill should reach him, which
amends the eight hour law so 'as to
bring those employed on state and mu-_.
hicipal works within its provisions, he
Would sign it without hesitation.
HENRY B. HYDE DEAD.‘
Yields After a Long Illness.
NEW YORK, May 3.—Henry B. Hyde,
ance Society of the United States, died
at his home in this city, 11 East For-
tieth .street, yesterday afternoon. The
immediate cause of death is ascribed to
heart failure. Mr. Hyde had been suf-
fering -for more than a year with in-.
flammatory rheumatism, which left him
with an affection of the heart. He spent-
last summer in Saratoga for the better-
ing of his health. On Monday he was
Seized with an alarming attack, which
grew continually worse until yesterday
afternoon.
Henry B. Hyde was born in Catskill,
N. Y., on Feb. 15, 1834. He came to New
York in 1850, when he was 16 years old.
His attention was called to life insur-
ance early in life. In addition to his
knowledge of the _ business obtained
from the Mutual Life he acquired a
great deal of useful and interesting in-
formation on the subject from his fa-
ther, Henry H Hyde of Boston, who
was one of the most conspicuous and
successful life insu1ance men of his day.
In March, 1859, young Hyde, who had
become cashier of the Mutual company,
announced to Frederick S. Winston, its
president, that he had come to the con—
clusion that there was room in the. life
insurance business for a new company
organized along new lines and that he
had decided to organize a new company.
He resigned.
The Equitable Life Assurance Society
of the United States was incorporated
on July 26, 1859, but a great deal of pre-
lilnin‘ary work was done previously.
The rest of Mr. Hyde‘ 5 active busine .ss
life was spent in the interest of the
company. He was elected vice presi-
dent and manager, and in that capacity
he continued until the death of Presi-
dent Alexander, in 1874, when he was
promoted to tie presidency. For years
he received one. of the largest salaries
ever paid any business man in the
world, $100,000.
SAMOAN TROUBLE.
Jubilantly
THE
e'bcls
R Germans
V ictory.
JELLINGTON, New Zealand, May
3.~The latest news from Samoa is to
the effect that the instructions received
from the powers to cease hostilities
make the situation in the islands very
sirlous, as the rebels hold the
food supplies and are again near the
municipality 'of Apia.
The Germans and rebels jubilantly
claim a victory over the British and
American forces, and unless the rebels
are made to submit the difficulties will
remain unsolved.
The white people in the outskirts of
the city are at the mercy of the rebels.
The American vice consul’s store at Fa-
and
C ldim'l a
.lifa was looted last week, while a Ger-
man store adjoining it was left un—
touched. British and American resi—
dents all strongly condemn the action
of the powers in ordering a cessation of
hostilities at this stage.
It is rumored that 13 boats filled with
armed rebels are approaching from~the
east. The town appears to be safe.
Revolutionary Sons Dine.
DETROIT, May 3.—The Michigan so-
ciety, Sons of the American Revolution,
entertained the visiting delegates, ofii-
cials of the order and distinguished
guests last night by a dinner unequaled
hitherto in Michigan by any similar
event in respect to elaborateness of
menu and decorations 01' the distin-
guished character of the guests of hon—
or of the evening. The occasion was
made notable by the presence of Secre-
tary Alger, Senator Chauncey M. De—
pew, Major General Joseph YVheeler,
Major General Wesley 1-1. Merritt, Gen--
eral Horatio C. King, Inspector Gen—
eral J. C. Breckinridge and many oth-
ers who rendered distinguished serv-
ices in the Spanish and the civil wars.
Fully 400 members- of the order sat at
the 11 long tables running crosswise of
the main dining room of the Russell
House. The speakeis’ table was in a
1ichly dec01ated balcony.
The Dead Queen‘ s Portrait.
LONDON, May 3.—Acc0rding to the
Vienna- correspondent of The Daily
Mail, the only authentic portrait of the
late Empress Elizabeth of Austria tak-
en within 16 years of her death at the.
hands of the anarchist 'Luccheni ‘is a
snapshot that was secured by a young
American at Geneva last September
while her majesty was out walking.
Mrs. Sampson to Meet the Adnlirul.
’OCHESTE P. May 3.—Mrs. William
T. Sampson, wife of Rear Admiral
Sampson, who has been visiting her
mother, Mrs. Cynthia Burling, and her
sister, Mrs. Joseph Walker, of Alexan-
de1 st1eet. this city, has left for New
York to 11 elcome the admiral upon his
1etu1n 111th the 1101th Atlantic squad—
1011.
Wenthex Probabilities.
Showers and. coolet today;
shifting to fresh northeasterly;
bly showers tomorrow.
winds
proba-
Nevv York Markets.
FLOUR—State and western quiet and
lower to sell; winter patents, [email protected];
winter straights, ,[email protected]; Minnesota
patents, [email protected];-winter extras, $2.60
XVHEAT—No. 2 red ruled dull and
weak under easy English cal11es,'ab-
sence of outside support and local un-
loading; May, 77 9-16@777/3c.; July, 77@
"71/2‘3'
RYE—Quiet; state 630.; No. 2 west-
srn, 671@67/ 4c, f. o. b., afloat.‘
CORN—No. 2 quiet, but Steady on
light offerings and firmness of spot
property; July, 391/4c.
OATS—No. 2 dull; t1acl,< white, state
35@38c.; track, white, Western, 35@380
PORK—Quiet; mess, $8.75@9. 50; fam-
ily, $10. 50@11.
LARD—-Quiet; prime western steam
$5 45, nominal.
BUTTER—Steady; state dairy, 3%@
160.; state creamery, 141/;@l-7c.
CHEESE—Easy; large, white, 12c;
small, white, 12’07121740.
EGGS—Quiet; state and Pennsylva-
nia, 1317460135210; western, 121/2@130.
SUGAR—'Jlaw strong; fair refining,
4 3-16c.: centrifugal, 96 test, 4 11-16c.;
refined firm; crushed, 5%c.; powdered,
5%0. '
MOLASSES—Steady; New Orleans, 32
@3711. . '
RICE—Firm; domestic, 41/2@7c.;
pan,.15@51/1c.
TALLO‘W—Quiét; city, 4%c. , country,
“[email protected]
HAY—Quiet; shipping, 45@60c.; good
I.) choice, 65@75c.
’— --. 4.~
president of the Equitable Life Assur—"
main _
Ja—.
ATKINSON SHUT OUT
Must Not Send S‘editious Doc-
uments 'Abrc'i’ad.
11111 0111111111 0111111113 1 11111.
The Postmaster General Says the
Punlphlets 1n Question Actually
Incite Mutiny Among the
Troops In the Philippir as.
WASHINGTON, May 3.—At the’ meet-
ing of the cabinet yesterday the con-
duct of Edward Atkinson of Boston an
his associate anti-imperialists in send-.
ing out circulars calculated to preju-
dice the success of the administration
in the Philippines was discussed at
length.
The proposition was made to bar the
use of the United States mails to these.
persons so far as the transmission of
seditious matter'is concerned.
There was a long discussion on this
point. It was held by some that the
practice of Atkinson in a time of war
and rebellion is not only morally repre-
hensible, but positively traitmous and
illegal.
It 11 as decided by the president and
the. members of the cabinet that the
transmission to the Philippines and for:
eign countries of Atkinson’s circular
and all similar matter shall be pro-
hibited.
The p: ohibition will not apply to the
use of the mails within the United
States.
Postmaster General Smith was in-
,structed to issue an order carrying out
the cabinet’s decision.
The statute under wnch Atkinson
may be punished is as follows:
“Every person who incites, sets on
foot, assists or engages in any insur—
rection or rebellion against the author~
ity of the United States or the laws
thereof or gives aid or comfort there—
to shall be‘punished by imprisonment
not more than ten years 01' by a fine of
not more than $10, 000, or by both of
such punishments, and shall, moreove1,,
be incapable of holding any office un-
der the United States.”
The three pamphlets which have beer.
prohibited in the mails for the Philip-
pines are those which have the follow-
ing titles: “Criminal Aggression by
Whom?” “The Cost of a National
Crime? and “The Hell of War and Its
Penalties.”
These, unless something should de~
velop to necessitate further action, may
be circulated through the mails within
this country. According to Mr. Atkin—
son’s own statement, as reported, a
large number of pamphlets have been
sent out. The matter was brought to
the attention of the postal officials by
the war department, whose authorities
were greatly exercised, with a sugges-
tion that some action be taken. It is
thought that there is little possibility of
any of these publications getting past
the San Franciscooffice, but if a few
should the military authorities in the
Philippines will promptly suppress
them. '
Postmaster General_ Emory Smith
- made this statement yesterday:
“These pamphlets actually incite to
mutiny, and it would be utterly unjus-
tifiable to permit their circulation
among the soldiers in the Philippines.
Their circulation is a movement to in-
duce soldiers to disobey orders and in
effect to embarrass and resist the gov~
ernment in whose service they are e11—
gaged. Their circulation, except in the
mails for the Philippines, is not inter-
fered with, because in being sent to Ma—
nila they are destined for soldiers fight-
ing our battles, but in this country the
effort to incite to mutiny could have no
result. Not only are they designed to
incite to mutiny the American soldiers
in those islands, but also to foment and
encourage insurrection on the part of
the Filipinos themselves. Such seditious
literature as that now estopped might
have an effect on the forces we 1011' are
dealing with that would be incalcula-
bly to their advantage and certainly
would tend to stimulate and strengthen
their already weakening opposition.
The law covering the case is ample.
What action might be taken—and the
offense is of the gravest character—is
not to be destroyed. I do not believe
there is any intention to prosecute Mr.
. Atkinson as the matter now stands. The
authority to do so. however, is plain.
He not only attacks the president and
the government in the most virulent
language and disputes the national poli-
cy,> but also calls on the American
troops to defy the government. Cer-
tainly this government is empowered to
stop or check, as it sees fit, the circula-
tion of these seditious publications.”
Parcels by Mail to Venezuela.
WASHINGTON, May 3.—President
McKinley has approved a parcels post
convention between this government
and Venezuela, which had just been
signed by the postmaster general and
Minister Andrade. It is to take effect
July 1 next, after ratification by the
Venezuela congress. It permits parcels
of merchandise up to 11 pounds in
weight to go in the mails between the
two countries, the rate to be 12 cents a
'pound or fraction thereof.
Horses Sell ‘Vell. - ,
CHICAGO, May 3.——The Splan and
Newgass annual spring sale of harness
and saddle horses began yesterday at
the Union stockyards. There were 350
horses catalogued, and the‘offel'ings at-
tracted a large attendance. A good
demand for high price stock developed,
and good prices prevailed. High step-
pers sold at a range of $210 to $1,000,
Postal Union Celebration.
‘VVASIIINGTON, May 3.—The SWISS
government has instituted a movement
for an elaborate celebration at Berne on
July 1, 1900, of the twenty- fifth anniver-
sary of the founding of the universal
postal union. It has invited this gov-
ernment to be represented. and it is
probable a. postal oflicial will be sent as
a delegate. '
German Jurist Dena,
BERLIN, May 3.—DI‘. Martin Eduard
von Simson, the distinguished German
jurist and politician; who was president
of the Frankfort national assembly in
1848, died in Berlin last evening 111.1115,
eighty-ninth year. "
To Be Librarian at Columbia.
COL,,UMBUS 0., May 3.—James H11:
line Canfield has resigned as president
of the Ohio State university and has
lccepted the position of librarian of the
Columbia. university.
“—
THE IDAHO STRIKES.
Regular Troops to Guard the Mines.
MnItiul Law Probable.
WARDNER,’ Ida, May 3.—Yesterday
afternoon the first detachment of regu-
lars arrived from Spokane. They were
met at the depotby alcrowd of business
men and citizens, who gave them a cor-
dial greeting. This detachment com-
prises 75 picked men of Company M,
Twentieth infantry, colored, Captain
Bachelor.- They carry 15 days’ rations
and 2,000 rounds of ammunition. Many
of the soldiers are veterans who fought
at San Juan. More troops are expected
today, and by tommrow night it is
hoped that the regulars will be camped
in and near the town. For the present
it is expected the troops will remain
here, serving as a guard, and no ag-
gressive action is expected until the
coroner’s inquest has been completed.
,,.M0nday night Sheriff Young depu-
tized about 50 strikers to guard the
LasLChance mine. A small party of
the Bunker Hill miners had already
been deputized as constables to guard
that property. As four of them were
retu1ning home they were held up by
Young’s deputies, and their rifles were
taken away from them. State Auditor
Sinclair is urged by citizens to use his
influence to have martial law declar.ed
Five masked men were seen between
Wardner and Kellogg, but no further
disorder has occurred.
w
——.—1d15}ei-£1§é’ln THETGA'ZEETE.”
PIMPLES
PREVENTEQ, IY
The most efiective skin purifying and beau-
tifying soap, as well as purest and sweetest,
for toilet, bath, and nursery. It strikes at
the cause of bad complexions, red, rough
hands, falling hair, and baby blemishes,
viz., the clogged, irritated, inflamed, over.
worked, or sluggish P011115.
8 'Id rywhere. POTTER Dunc AND 013311.001".
9013 11:31.. Boston. U. s. A. British depot. 1.1112115!
3:31.51 on, Medan. Howto Cure l’imples," m1... ,
P. w. BA'it-zs'
42 WITEH STREET,
'You can find as fine an assortment of
innumenlalillnatalillurl
As can be found in any Yard in the
State. Look it over and get
11i-lces before going elsewhere
lelVlUUTl-l 300E 50E
5111111111; 11111111
Stores and families supplied. Lowe
rates.
ELLS d1 (26., l- I North Ave.
Norwalk.
NGRW almK
HGT El..-
1. G Hamilton, Prop.
Evervthing Moclern'.
Newly Furnished!
New Management!
AGENT FOR
Highland
Brewing Company.
EVERYTHING FIRST—CLASS,-
For Family or Medicinal use we have
a fuIl supply of the
Best Grade
of Beer and VVhiskies, including:
BEER
Pillsner, Export, and. Bavarian Lager
(steamed or plain.)
ALES '
Golden'Pule, Golden Dark. .
Stock, Malt Extract, and Malt and Iron
Bock Beer
PORTER—e
Whiskies
Finest. brands for medicinal use.
"Hunter,” "King William Scotch,”
"Costair’s R1 9. ” ‘ Pepper, ” “Hermit-
age, ” “Taylor Kentucky,” etc.
I. G. HAMILTON.
AWI‘Doraw .v .. .- .momoaoloool
liAi
East Waltoall; Fire“ Departments .'
EAZA
Limi‘. .I“-.”-OOEO swim-‘09." .
ls invaluable to every moiiste and indie pen-
table to every dressmakeu. For gowns in
:very issue a. e furni'shed two or mere
CUT PAPER
PATTERNS
The patterns have been pronounced the sim. "
pleat made, and' 1n pointof practical utility they
ARE THE BEST
(1 (ml to give them a trial to be
golbevlil‘lggdsthatythey are the. most convenient
3' AND SIMPLEST '
Price—Waist, with sleeve, 25 cents: Skirt,
:5 cents, Complete Costume, 50 cents.
10 Gents «- Copy $4 00 a I’m:-
HARPER 8: BROTHERS, Publisuers
EYW YORK N. Y. .
v—v vv . _ ; ,
‘4':
., ...- ..---.,:, 1.5
, FROM
Chief ProWi
Till/l . RT
T0 the ’Members of 1/26 Worwalk, 5011111 Nor-walk mm
The year ’98 was a great year 101' bicycles, I soldmore
Wheels during that year than ever before, but I desire ‘to make
the year ’99 a record breaker, and in order to do it I want
your assistance in booming the Rambler Wheel; to spread
its name and fame into every nook and corner of our town.
To obtain your help I propose to give away Absolutely
Free, to the most popular member of either the 1101111111,
South N 01 walk or East llorwalk Fire Departments 31 celebra-
ted High Grade ’99 Rambler Whée],l11e fleetest, the
handsomest, the most graceful, the most durable and most
reliable Wheel built, up to date.
The popularity will be decided by ballot, and in order to
vote for candidates "the name of the member to be voted'for
together with the name of the fire company of which he isa
”111131111191 must be written on the coupon below and deposited
in-the ballot box at my store No. 45 Main street, N orwalk.
Ballols for members of the South N orwalk department can
be deposited in the ballot box at the store of Whelpley 81:
Clark in the Ladder buildinon
Ballots for members of the EastNorwalk dEpartment can.
be deposited in the ballot box in Haffoer’s Cio-ar and News
store ai the east end of the Washington street bridge
the contest is open to every memberof the several fire d
paitmenis, including members of the Fire Police.
All ballots must be deposited by 7 o‘clock sharp, on the
evening of May 29th, and the name of the winner will be an
mounted on May 31$t. .
' J, T. Prowitt,
Agent RAMBLER WHEELS,
No. 45 MAIN STREET, 'NORWALK, CONN.
Wig-rag Togfi,go .1990 ngmmgmoqg mag Wfigmgvo fianmfi
EAUAA
Name
Wmmmfi
I Address
Boafiwmmw mm~wm ~~3a_aw;_e1_mwmmm§ 1
5W
ME THE ' GAZETTE Acev‘ers the 01.121111
1‘ .4
of the,» trade In this Section. A11 ,.. advertise}.
inent 111" its .f'oOlumns will pay; . f