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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, February 08, 1900, Image 5

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HEARINGS AT ALBANY.
ASSEMBLYMAN LEWIS'S BILL REPEAL
ING THE HORTON BOXING LAW
FAVORABLY REPORTED.
IST TILrWUTHIO THE TBIBCXE.I
.Albany. Feb. 7.— The Lewis bill repealing the
Hotter. Boxing lav, r was favorably reported to
right by the Assembly Committee on Codes, in
spite of the protests of the Tammany members,
who strenuously defended the existing statute at
the bearing this afternoon. The decision of the
committee was reached after a brief executive
session. < The only amendment attached to the
till is that it shall not go Into effect before Sep
tember 1. IMB
The advocates of prizefighting were on hand
in full force to-day to protest aguinst the bill.
affjuax who spoke against the measure were
beaded by Assemblyman Roche. There were
■jpo present several clergymen from New-York,
Rochester and other cities, who spoke in favor
of the ML Although the session was a long
one. *TiA the crowd exceedingly large for the
:*e room, each speaker was listened to
trtxh deep inter-
Charles L. Feldnian, representing several ath
]etlc associations of Buffalo, said that he op
posed the bill because it Interfered with the in
terests of these clubs. He added:
The boxing bouts as conducted In our city
cause no trouble. No injury has resulted from
these fights, either to the combatants or to the
spectaxort. I have a telegram here from the
Superintendent of the Police of Buffalo, who
states that there have been no violations of the
Horton law in that city. Neither were there
any complaints to these sparrJn 3 matches.
This measure remits directly or Indirectly
from that section of the Governor's message in
which he is said to advocate the repeal of the
exist: statute in regard to prizefighting.
Nevertheless, if the words of His Excellency are
more carefully considered, it will be seen that
1.3 that the Governor desires is the enforcement
of the Horton law .
I can safely say that the best people of Buf
falo attend these boxing matches. Professional
lad business men of the highest stamp are there?
Sow I do not think that it Is fair to our city
- to prevent its people from enjoying themselves
1- an orderly manner because In New- York or
«a Rochester these bouts are the cause of oc
casional disorder. Would you repeal the Excise
l»er. because in some instances it has been vio
lated?
■•Xhen asked what he meant by the best peo
ple attending these fights, he said:
■IV'r.v there are lawyers** he answered, but
fcis remarks were suddenly cut short by the
laugh which ran around the table. The mem
hsn of the Codes Committee are all lawyers.
BROOKLYN HEARD FROM.
William R. McGuire spoke in opposition to the
bill as a representative of the Hercules Club, of
Brooklyn. Mr McGuire said that he had been
knocked out several times in practice bouts, and
that after a few seconds of unconsciousness he
feit as good as ever. He showed a scar over
nJs left eye where he said such a blow had been
admmist~-red.
"Was I: a corkscrew blow?" asked a certain
member of the committee.
"I cnr.T remember." answered Mr. McGuire.
*Vssj say that n the regular bouts there are
Bo kxs'vkout blows?" asked Assemblyman Lewis.
«ir." replied Mr McGuire. "The knock
->w* I received were given by contestants
who were practising 1 for the ring."
"Were there any knockout blows in the Mat
thews-McPartland fight, held at the Herctiles
Club, some nights ago?"
"No, nor a knockout." One of the contestants
slipped and fell on his head. He caught his
foot somehow and fell on his flst."
"The result was practically th* same, was it
not?" asked a clergyman from Steuben County.
Mr. McGuire was compelled to admit that it
■sras,, . ':^',;'r.
"•Patrick Roche then addressed the committee
as a defender of the existing- statute. He said:
I used to be a prizefighter myself. At pres
ent I represent three athletic clubs down in my
district. There is no admittance fee. Young
men from twenty to thirty years of age engage
In the contests for the pure love of the sport.
Ten rounds are made the limit In most of the
cases, and not an injury has resulted to any
body. 'When I was a fighter myself I often got
a severe bruising, but it wore off very soon in
etch case.
"How many times were you defeated in the
ring?" asked the chairman of the comittee.
"Not once," said Assemblyman Roche, proudly.
"And I am not going to get licked now, either."
THOSE WHO SPOKE.
Among those who spoke in favor of the Lewis
■m were the Rev. Dr. Thomas L. Poulson and
the Rev. T. De Quincy Tuliy, of Brooklyn; the
Rer. Dr. Ostrander. of Lyons; the Rev. I. N.
Dalbey and the Rev. Dr. Peoples, of Rochester;
the Rev. Madison C. Peters, and Frederick W.
Block, of the City Vigilance League, of New-
York.
AH opposed the Horton law because of the de
moralizing influences of prizefighting as con
ducted under the existing statute.
DR. PETERS ATTENDED A FIGHT.
Dr. Peters said: '"We are not opposed to box
ing- or other forms of athletics simply because
we are opposed to prizefighting. Boxing and
prizefighting are two very different things, as
everybody knows. I am something of an athlete
myself.**
"Then you are acquainted with the manly art
of self-defence?" asked Assemblyman Saunder.:.
"No, I am not an adept at that. I have suc
ceeded in defending, myself without the use of
my flats."
"Have you ever seen a prizefight?" was asked,
.and to the amazement of some of the clergymen
from up the State Dr. Peters replied:
"Yes, sir, I have. I am not among the inno
cent*." pointing to the other ministers. "I went
to a prizefight once to see what it ni
like. Everybody sneaked in as If afraid of.
being detected. Sir, I will never go to another
one. It was a beastly, low down, degrading;
sight from beginning to end. It was utterly de
moralizing. I could not get over the effects of it
for weeks. It was all I could do to Justify my
self for being there. I happened to get an Inter
view with a reporter, and he wrote a great deal
more than I thought he would. Gentlemen, I
did not fully recover from that fight for nearly
two years. To my mind, the Spanish bullfight
and the cockfight are infinitely more refining."
Assemblyman Dillon and "Jimmy" Oliver re
piied to th* arguments of the clergymen. Mr.
Dillon maintained that Governor Roosevelt was
ir. favor of prizefighting, because when the lat
ter was a Police Commissioner of -York
City he was present at nearly all the fights, but
In no case did be attempt to stop them.
OPPOSED TO TAXING' MORTGAGES. _
AEGUMENTS HEARD BEFORE BOTH SENATE
AND ASSEMBLY COMMITTEES
ON TAXATION.
Albany, Feb. The committees on Taxation and
Retrenchment of the Senate and Assembly save a
Wot h» arinrr this afternoon la the Senate chamber
os the bin prepared by the Committee on Taxa
tia D appointed by both houses, which proposes to
**aase a tax of one-half of 1 per cent or. mort
■psi
Those heard to-day spoke in opposition to the
"O*a»ure Next Tuesday at 2p. m. another hearing
**3 be given, st which resent at! of the Say-
Ss«* Banks Association will be present. Ex-Sen
**-or Myer .Vussbaum was present to-day in behalf
*f tii* surface railroad* of the State, but made no
arr aasnt He will be beard at the next hearing.
Thomas U. OUchrlst. a farmer from West Charl
too. Saratoga County, was first heard by the com
•sitlee, Sir. Gilcnrist ha«s been loaning money for
yean on farm mortgages, and «a.id he appeared to
«PPO*e the measure on behalf of the farmer as well
as fclmseif. He said he thought the farmers had
ba*4 enough work to get money on their property
tow without Imposing a tax of five mills on mort
«ages "Every tax you put on a mortgage Is paid
by the mortgageore," he contended, "and the meas
«r« Is therefore on* which do«s not lax the money
leafier, but the borrower." He said he owned ' four
thousand acres of land and held 150,000 in mort
***** He would be' willing to dispose of these
■««««*«* for half that amount to any one who
~Jrht wish to purchase them
• OPPOSITION FROM COLLEGES.
"'. T. :!«■' 'Grots, representing the trustee*, of . Hamli
to --«*. n«t oapcaed the toll", became, ha eaid.
the measure would seriously embarrass the colleges
of the State. He argued.that a great deal of the
money left to colleges must be put out In bonds
and mortgages,' which are now exempt from taxa
tion. He explained that In the cities competition
was keen, and, with this bill Imposing a tax. the col
leges would not be able to invest their money with
advantage.
F. E. Hamilton, of Orwego, representing five
building a^l loan associations, said hr thought the
bill was . framed by the committee without a full
appreciation of the business of building and loan
associations. He then explained the methods of
such associations, stating that the borrower was
a stockholder, a borrower and a mortgagee.
Senator Hlggins. chairman of the Senate Finance
Committee, then explained that the intent of the
bill was not to tax the stcck of loan associations,
but Mr. Hamilton argued that the mortgages should
also be exempt. C'^, ;
William A. Gans. of New-York, was next heard.
He represented the fraternal orders or the B'nai
brith "and Free Sons of Israel, Those organiza
*l2SmV h * Bald - have bonds and mortgages to their
c. edit amounting to $1,500,000. "If this bill should
pass, said he, "our mortgages would be taxed $7,300
norSirjr iund." WOUld *" a *"** draft on ° Ur
He argued tnat as these organizations were purely
4°r,*o- a ;u at * r 1 ai nature. co-operative in their work
ings, they should be exempt from taxation.
Assemblyman Treat, who has a bill before the As
sembly to tax individual deposits In savings banks
of over $1,000. is a member of the Assembly Com
mittee on Taxation. He wanted to know where th»
owners of mortgages would Invest their money so
as to avoid taxation if .they called In their niort
gagts. a question which Mr. Gans did not answer.
T^ou will never get this committee to exempt
from taxation an organization which you have ad
mitted to be already subject," said Chairman Krum.
LOAN ASSOCIATIONS OBJECT.
J. T. McKechnle, of Brooklyn, representing the
Metropolitan League of Co-operative Building and
Loan Associations, favored an exemption of the
building and loan associations from the tax. He
said that they had sixty-five thousand members in
the Metropolitan district and seventy-seven thou
sand up State. The borrowers', ne said, numbered
twelve thousand. •> -
"We discourage capitalists from Investing In our
association. What we want and what we ask you
to do is to amend the law so as to exempt building
and loan associations from the tax." He then sub
mitted to the chairman a ropy of the amendment
he wished inserted in the bill.
W. C. Burton, of New- York, representing building
and loan association Interests, echoed the senti
ments of the speaker who preceded him. He said
his company had $500,000 Invested in mortgage* and
that the bill if passed would impose a tax of $2 000
on them. He maintained that the intent of the
law should be to get the largest return from capital
and not from the savings of thrifty citizens.
P. >. Johnson, a farmer from Guilderland. near
this city, was the last speaker. He said he ap
peared in behalf of himself, what was wanted was
a fair method of taxation based upon the principle
of equity. He said that two-thirds of the farmers
did not knew anything: about the bill. For the
purposes of an argument h- said:
"Suppose I give to two sons $1,000 each. One of
teem invests his money in a savings bank The
other puts his, with !500 more, which he has bor
rowed into a house, giving a mortgage for the sum
he has borrowed. He is taxed not only for the
amount he has, but also for the amount he has
borrowed while his brother, who has his money in
a bank draws the Interest and escapes taxation
altogether."
Mr Johnson thought this principle unjust and
argued that the mortgages should not be taxed At
the end of his argument the hearing was adjourned
until Tuesday next.
BAXKERS OPPOSE MORTGAGE TAX.
SAVINGS BANK ASSOCIATION DECIDES TO
APPOINT A COMMITTEE TO FIGHT
THE STRANAHAN BILL
A largely attended meeting of the Savings Bank
Assoc'ation of New-York State was held yesterday
at the Chamber of Commerce to consider the
Btranahan bill for taxing mortgages on real estate,
which Is pending in the State Legislature and
which the officials of the local savings institutions
have put themselves on record as opposing. There
were 104 banks represented out of the 127 in the
State, and the opposition to the bill, so far as it
refers to savings banks, was unanimous. Resolu
tions were adopted tc appoint a committee of fif
teen to act in conjunction with the Executive Com
mittee of the association in opposing the bill.
J. Hafeen Rhoades. president of the association,
occupied the chair. He opened the discussion with
a speech in which he said that the association had
been called together to confer on the Stranahan
bill. G. W. Wlckersham. counsel for the associa
tion, read a long digest of the proposed law, which
he analysed and showed would be cumbersome in
execution and expensive. There was a discussion of
the bill which lasted till 1 o'clock, when recess was
taker-
Mr. Stone, counsel for the Onondaga Savings
Bank, of Syracuse, made sx speech in which he de
clared that the State would be adopting a suiel.ial
policy in taxing savings institutions. Inasmuch as
these institutions have made it possible for munic
ipalities to borrow money at low rates. Andrew
Mills, of the Di— Dock Savings Bank, introduced
the following resolutions-
Resolved. That this association considers the bill
lntrodured by the Joint Committee on Taxation and
Retrenchment imposing a tax upon debts secured
by mortgages so far aa it applies to savings banks
as a measure for the taxation of the savings of the
many wage earners and persons of small means
intrusted to the care of the savings banks, and as
such it Is unalterably opposed to the bill.
Resolved. That thts association now. as in the
past. Inflexibly opposes any scheme to tax the
fruits of the industry and economy of those persons
for whose protection savings banks have been es
tablished and fostered in this State.
Resolved, That a committee of fifteen be appointed
by the chair ii"' take action in connection with
the Executive Committee of the association in
effectively opposing the passage of the bill referrpd
to and of any other bill the effect of which is to
tax the personal property in the hands of the sav
ings banks of this State.
The resolutions were adopted by a standing vote,
only four being opposed to them. These, however.
were not opposing the resolutions as in favor at the
taxing of real estate aortgages, and so the action
of the association in opposition to the bill was
practically unanimous.
There was a. meeting of the Executive Committee
after the adjournment of the association and Mr.
Rhoades named his committee of fifteen. It was
decided not to make the committee public until
anwers are received from those named.
FALLOWS BILL INDORSED.
At the conference betwssa a committee of the
Builders" League and the Real Estate Board of
Brokers, held at No. ill Broadway Tuesday after
noon, it was agreed to indorse the Fallows bii!.
which seeks to make it a penal offence to offer
property for sale or to attempt to procure a mort
gage on property without the written consent of
the owner. At a previous meeting of the Board of
Brokers a difference of opinion on the sub.i<>rt pre
vailed. A resolution was finally passed, however,
indorsing the section relating to mortgages, but no
de^n'te action was taken on the other section.
There was much discussion yesterday as to the
ya-lur of the bill, but the final vote resulted in its
indors.-ment by the two organizations represented
at th» conference.
THE MORTGAGE TAX UNFAIR.
DISCRIMINATION BETWEEN DIFFERENT mOP
ERTIEB—AX INELASTIC REVENUE.
To the Editor of The Tribune.
Sir: The bill of the State Tax Commission now be
fore the Legislature Is full of weaknesses and in
consistencies. It is impossible in a short space to
point them all out. but I wish now, with your per
mission, to Indicate a few of them. It is proposed
In the bill to abandon the direct levy on the coun
ties and substitute therefor a tax of 1 per cent on
the capital stock of banks and trust companies
and a tax of one-half of 1 per cent on mortgages
and mortgage bonds, all of which securities are to
be exempt from local taxation. It is expected that
th- mortgage tax "will furnish $10,000,000 or $12,000,000
annually of State revenue, the balance of the $16.
000.000 now needed to be made up by the tax on th*
capital of banks and trust companies.
1 think it can be : shown ■ that the mortgage tax
will furnish a great deal more than the amount ex
pecte«. and that the receipt by the State officials of
a sum greatly In excess of the ordinary needs of the
State will inevitably lead to great extravagance,
which is .one of the main things to be guarded
mralnst The tax is also likely to prove inelastic, at
?i g me« proving too much for State needs and at
other times insufficient. accord ing to the number
of mortgages in existence, which fluctuates with
Varying business conditions throughout the State.
If th^propoied canal improvements are to be made
JheStat° revenue would be insufficient; if the Im
provements are not to be made the tax would be
*¥h*re would also be an appalling amount of un
._ /T I I outside the Stats would be taxable
n rallr^ f situated one-tenth within th«
o VnlnYtenfhJ outstSe the State the holders of Its
£"«*» to BMB M riv a t»x of only one-twentieth of 1
b0 9^ t£ Stiteand b« exempt locally. That
percent to the st *-}^.t^ Aerß would pay a tax of
NEW- YORK DAILY TRIBUNE. THURSDAY. FEBRUARY 8, 1900.
each $1,000 worth of bonds.' Can there be any more
flaring discrimination and lniustice than this? T .
New- York. Feb. 3, 19C0. ' L. T.
POLICY SHOPS MUST GO.
HARM DONE THE POOR BY THIS WORST
FORM OF GAMELING.
Albany. Feb. 7 (Special) —The bill of Assem
blyman Fallows, which is to prohibit the playing
Of policy, came up for hearing to-day before
the Assembly Committee on Codes. In defence
of the measure there were present W. M. K.
Olcott. Captain Goddard. George Moore Smith.
Robert C. Cornell and Theron G. Strong.
On the opposing side was James Oliver, form
erly a member of the Assembly, perceiving that
he would have to fight the bill single handed,
Mr. Oliver at first asked that the hearing be
adjourned. He complained of not being informed
In time. When he found that this argument
failed to convince the committee he appealed to
Up sympathies by saying he was suffering- se
verely from the grip. In spite of all his plead
ings, however. th~ bearing was contirro«*i.
In defending the bill Mr. Strong r<*r_d from a
letter which had been sent to him by a Su
preme Court Judge who had favored the
measure.
"I demand that he file his letter," interrupted
Mr. Oliver, before Mr. Strong had hardly fin
ished reading
"It Is a personal letter," was the answer, "and
I decline to give Mr. Oliver a chance to find out
who ha 3 given Judgment against h!m\in ad
vance. This bill is In the Interest of the poor."
Continuing, Mr. Strong said:
The earnings of these people are to be pro
tected from the enticement of what we a.l
know to be the most unfair and criminal form of
gambling. The present law In regard to this
game of policy is too general. It affords all
manner of loopholes for the violators to escape
conviction. The proposed bill remedies these
d^feots. It is specific. It will gn to the root.
Not only will it reach the officials themselves,
but all who in any way abet the evil. It will
even make the owners of hnu^eg responsible for
r^ntinp their property for these games. It also
strikes at those who own the paraphernalia em
ployed in this mode of gambling. It is a law
which will be, in its effect, deterrent.
TV. M. K. Olcott said that he had come before
the committee to speak against the rottenest
and most vicious form of grand larceny perpe
trated in New-York.
PROFITS OF THE PROPRIETORS.
Wh«=>n he spoke of a certain district in the
city of New- York where games of policy were
played on almost every co-ner. and Mr. Oliver
offered to name the streets, Mr. nicott replied:
I dn not need your help. .L-tr. Oliver. I hap
pened to be connected with an examination of
a certain police captain, against whom the
charge had been 4 aid of permitting policy play
ing in his precinct. In the investigation I made
a thorough search of this very district, and
found that the average policy shop took in as
much as $30 a day. Mind you. this was in one
of the poorest districts of the city. In order
to understand how widespread this evil had be
come I will say that the maximum bet in ail
these places was five cents. Therefore the aver
age number of people frequenting any one shop
was about six hundred. Out of the J3O paid in
only about $•". 33 was paid back to the winners,
so that at the best it -was a 10 to 1 game in
favor of the proprietor. At a game of poker
between gentlemen friend* the players are sup
posed to have an even chance. How, then,
about the poor devils with only a paltry Pil« °f
pennies as their sole capital, playing with only
one chance in ten? For this reason I say that
this kind of gambling Is nothing short of grand
larceny.
"But. Mr. Oteptt," Interrupted Mr. Oliver,
"can't a person rent a house for the playing of
policy and yet be innocent of any knowledge of
the fact?"
"Almost everybody knows where these games
are being played," was the answer.
"But there are some that do not know," re
torted Mr. Oliver.
"Yes, the police do not seem to know about
them." replied Mr. nicott, "everybody Knows
these things except the police. Perhaps you
can state the rea«on why, Mr. Oliver." Then
he continued:
Mr. Oliver also knows that in this bill we have
hit on one way stop policy playing. He knows
that If It becomes a law U will keep the
money of the poor in their pockets, instead of
in the pockets of his client. "AT" adams. The
Investigating Committee was told by Magistrate
Arnoid that it was almost impossible to convict
anybody. Even after testimony has been ad
duced apparently sufficient to send the policy
man to jail, the Magistrate In compelled to dis
charge the prisoner.
LIVE IX LrXURY.
Captain Goddard followed. He sought to prove
by mathematical demonstration that the game
of policy was always unfair to the player. He
adduced the familiar example of 4-11-44. He
said:
I have lived in the tenement region for more
than a year, and I know for a fact that the poor
are the easy prey of the policy grames. Those
who run these games, however. live in luxury.
In a word, the policy men live and grow fat on
the blood of their unwilling- and miserable vic
tims. A criminal lawyer of high repute in New-
Yi.rk toM me once in an unguarded moment that
we could never get the best of policy until we
drew a bill on the lines of the Burglars' Tools
bill, and so we have drawn a burglars' tools
bill. I have letters from Controller Coler and
Abram S. Hewitt, which both read in favor of
the bill. Mr. Coler says that the evil of policy is
that it reaches the women and the children.
Furthermore, it extends its impoverishing in
fluence to the poorest of hovels, as was shown
in the trial of Captain Martens. Women pawn
their childrens' clothing to get money to play
this game.
"You can't stop this sort of thing," interrupted
Mr. Oliver. "It's all over the country. It
stretches from Maine to California."
"Then let us sat an example in this State," was
the ready answer. "We never can atop it i? we
never begin."
"You don't understand me, gentlemen." said
Mr. Oliver when Captain Goddard had finished
speaking.
I am not here to defend policy or slugging,
gentlemen. I am not ashamed to say that I
am present in a professional capacity. ' I admit
that I have clients among- prizefighters. As to
gambling pure and simple. I can say that some
of the most successful and the most respectable
men in the country began a career of fortune
by gambling: at the start. Our universities, some
of them, have funds in their endowments which
have come from lotteries. The lawyers object
to this bill because they don't want the code
disturbed. Now. I think that altogether too
much haste is evidenced in pushing this bill
along without a second hearing.
In executive session the committee decided not
to grant the request for an adjournment. No
action will be taken, however, until next week.
THE TEXT OF THE BILL.
Mr. Fallows's bill provides as follows:
Sub-division I.— A person who is the owner, land
lord, termn, proprietor, manager, agent or super
intendent of a house, building, tenement, store,
thop or apartment in which a gambling or banking
game is carried on; or who owns, controls, man
ages, superintends or assists In controlling, man
aging or superintending any device, book, paper,
paraphernalia or apparatus for gambling; or who
vses or allows to be used a store, shop, room,
table, establishment, book, paper, stylus, pencil,
paraphernalia or other apparatus for such a pur
pose; or who uses or allows to be used a store,
shop, room, basement, yard or hallway for Ingress
to , or egress from a place where gambling
is carried .on: or who engages as a backer
dealer, gamekeeper, writer, clerk, assistant, run
ner or messenger, for. or aids, assists or abets in
carrying on any gambling or banking game, where
money or property is dependent upon the result;
or who. as such backer, dealer, gamekeeper, writer,
cl*rk, assistant, runner or messenger, makes,
records. Indorses, sells or offers to sell, or has in
his possession for the purpose of sale, what Is
commonly called a lottery, policy; or has in hlu
possession any writing, paper, token, or document
in the nature of a bet. upon any event in the future
uncertain, or any wager, or Insurance upon the
drawing or drawn number* of any actual or pro
tended public or private lottery; or has In his pos
session or under his control, or uses, a book, paper,
document, manifold sheet or rheets, list of num
bers, policy slip, policy play, policy play paper,
Htylus. lottery, policy or other paraphernalia such
as are usually or commonly used for the purpose
of carrying on any gambling game, or enabling
others to buy, or offer to buy a lottery, policy or
policy slip, or other such writing, paper or docu
ment such as is usually, or commonly used in play
ing > policy, is a common gambler, and punishable
by Imprisonment for not mar* than two yearn, nor
leas than six- months, and. in the discretion of
the court, by a tine of not more than two thou
sand dollars, or both. -, -
.Sub-Division 2. A person who Is . the janitor or
caretaJcer of a house, building, tenement or apart
ment 'in which a gambling or - banking game la
carried or. or who uses or allows to b« used
tea same or any part thereof, or any store,' shop.
room or basement thereof for such purpose: or
who uses or allows to be used a store, shop,
room, basement, yard or hallway for ingress to
or egress from a place where gambling is carried
on shall be guilty of a misdemeanor.
Sub-Divisi< n 3. A person who ha* in his posses
»!on. otherwise than as backer, dealer, gamekeeper,
writer, clerk, assistant runner or messenger, any
writing, paper, token or document in the nature
of a bet upon any event In the future uncertain,
or any wager or Insurance upon the drnwlng or
drawn numbers of any actual or pretended, punlir
or private lottery or who has In his possession or
under his control any book, paper. rlo<-um«nr.
manlfoid sheet or sheets list of numbers, policy
slip, policy play, policy play paper, stylus, lottery
policy, or other paraphernalia, -uch as aro usually
or commonly used for the purpose .^f playtng
policy, or enabling others to play policy, or any
other writing, paper or document such as are
usually used In playing policy, shall V>e guilty of a
misdemeanor, and if he ha* been previously- con
victed of such demeanor, he is guilty of a felony.
SPECIAL LAW FOR NIXON.
BILL INTRODUCED TO MAKE HIM AN
ATTORNEY--DELICATE COMPLI
MENT.". HE SAYS.
[BT TELBC.RAPH TO TnE IJIWI «*■]
-»!bany. Feb. ".—Assemblyman Fish, of Madi
s<~n County, who was recently appointed chair
man of the Assembly Judiciary Committee by
Speaker Nixon, introduced a. bill yesterday di
recting the Appellate Division of the Supreme
Court of the Third Department to admit Speaker
N.xon to practice as an "attorney and coun-
Sflior at law."
This bill for some strange reason was hidden
from most of the newspaper correspondents, only
one copy being presented. Why this was done
Is a mystery, for newspaper correspondents are
always eager to recognize versatility of mind.
They had known that Mr. Nixon was a dealer
In tombstones and would have gladly advertised
his coming eminence as a lawyer.
But the Judiciary Committee of the Assembly
did catch sight of the bill, for It was promptly
sent to them by the Speaker, and they were
ab'.e to act upon it at once. Bills are usually in
the Speaker's possession at least twenty-four
hfjurs, while he determines the committees to
which they shall be sent. But this hill suffered
no such ignoble delay. It went with lightning
speed to the Judiciary Committee, and these
gentlemen promptly reported it favorably to
day.
MR. NIXON'S COMMENT.
Spea^r Nixon acknowledged to-day that he
had heard of th» bill, and said that for several
years back one or another of his fellow mem
bers of the Assembly had suggested that he be
made a lawyer. This bill undoubtedly was a
little "delicate compliment."
The bill in question is given below for the
Information, of the State Bar Association:
An act to provide for the admission of Samuel
Frederick Nixon to practice as an attorney and
I nniSM Tim al !■■ in all the courts of the State.
The ppnplo of thr State of New- York repre
sented in Senate and Assembly do enact as
follows:
Section 1. Th« Appellate Division of the Su
prr-m» ( "riurt of the Third Department <>f the
State of New-York is hereby directed to admit
the Hon. Samuel Frederick Nixon, of Westfleld.
Chautauqua County, to practise as an attorney
and counsellor-at-law in all the counties of the
State upon his proving to the satisfaction of
such Appellate Division that he is a graduate of
Hamilton College, at Clinton, N. V.. that he
attended courses or law lectures while a student
in said college, that he has been during nine
years a member of the Legislature of this State
and upon his subscribing and filing the usual
oath of office tak^n by attorneys and counsellors
at-law upon being admitted to practice.
Sec. 2. This act shall take effect immediately.
MIXOR ALBAXY TOPICS.
STATE OUTPUT OF FISH.
Albany. Feb 7.— During January there was an out
put of 33. i0n yearling trout in the 9tate fi.«h hatch
eries. Of tnis numoer 15.000 were hatebsd at Cale
donia, 5.900 at Cold Spring and 12.3»X> at FWsant
Valley. As to species, the nu-mher was divided as
follows: Sixteen thousand five hundred brook trout.
5 600 brown. 8.800 rainbow and 2.200 lake. During the
same period 3,0tt.0M whltefish fry were produced at
Caledonia and 36 -vir>.on»> torn cod fry, 3S.OV) brook
trout fry and 18.000 brnwn trout fry at the Cold
Spring hatchery. The total amount of fry produced
was 39.059.100.
13TH ARTILLERY REGIMENT NOW.
Albany, Feb. 7.— Major-General Roe was In town
to-day and drew the formal order changing the
12rh Regiment from an Infantry to a heavy artil
lery regiment. The. change takes effect immedi
ately. Genera] Roe states that there is to be
little change at present at the conduct of regi
mental drills. Next summer. Instead of going to
State Camp the regiment will go to the coast de
fences hi New-York Harbor and practise at coast
defence duty.
REPORT OF LUNACY COMMISSION.
Albany. Feb. The eleventh annual report of
the State Commission In Lunacy shows a decrease
in the per capita cost of maintaining the insane
during the last year from $185 per annum in 1898 to
$178 ir. 1899. The net annual increase of cases was
only 529. the smallest in five years. The total num
ber of insane in the State institutions at the close
of the year was 21.374. The total amount expended
for maintenance was $3.?75.323 97, and for new build
ings and equipment and for extraordinary repairs
$1 127.501 38. The total number of patients discharged
(recovered') during the year was 1.C09. and 931 ad
ditional patients were discharged sufficiently im
proved to enable them to return to their friends.
AGAINST DEPARTMENT STORES.
Albany. Feb. 7.— The Assembly Committee on
Public Health has agreed to report favorably the
bill of Mr Gale, which prohibits the sale of drugs,
whether in original packages or otherwise. In de
partment stores. _
IN THE SENATE.
Albany, Feb. 7.— Little business of importance
wa.. transacted by the Senate to-day. Senator
Browns bill codifying the Forest, Fish and Game
laws wa<s passed After the introduction of bills
an adjournment was taken until io-morrow morn
ing. " _
Di THE ASSEMBLY.
Albany, Feb. 7.— ln the Assembly this morning the
McEwan' bill, which adds the Chicago and Al|on
Railroad Company to the list of railroads in which
can be Invested first bonds and -mortgages by sav
ings bank Institutions was passed by a vote of
87 ayes to 32 noes. These bills were also passed:
Mr. Providing that an attorney in the
municipal courts of New-York City may issue
summonses.
Mr. EHlb— Exempting Genes.-*, Essex. Schenec
tady and Jefferson counties from the provisions of
the Highway law relative to commutations of labor
on highways.
Mr. Making It a ml«den>«?anor to sell pls
tol* to any person under the age of sixteen years.
Mr. Fallows (Ma»et Committee) bill— Giving power
to a legislative committee to compel the attendance
of witnesses.
Senator Featherson— Allowing compensation to
special clerks who served in the New-York City
Controller's office during the period when no eligi
ble list was in existence.
Mr Fallows— Making it a misdemeanor for clerks
in courts to place an action on the calendar s out of
lt«» order.
Mr. Reappropriating $2,232, the unexpended
balance of appropriation for the Third Appellate
Division library.
Adjournment was taken at 11:55 a. m. until Thurs
day morning at 11 o'clock. / V
DEATH PENALTY BILL REPORT.
Albany, Feb. 7.— The Assembly Codes Commitree
will to-morrowr report unfavorably the bill intro
duced by Mr Maher. of New-York City, to aboii^h
th<? death penalty, and substituting therefor im
prisonment for life.
PRIMARY ELECTION BILL.
Albany. Feb. T 'Special). —A bill providing for
direct nominations from primaries will «oon b« in
troduced In the Assembly. This measure la the re
sult of a -Tiovement which has been on foot for
some time among certain political clubs of Brook
lyn. The Young Ven'j Republican Club of Brook
lyn was the Irst to arouse public interest in the
subject, and It has won the co-operation of the
Young Men's Democratic Club of Brooklyn The
measure as now formulated Is supported h
troller Coler and Seth Low
According to the provisions of this blli the dis
trict conventions are abolished and candidates are
chosen directly by th« cltlsens who attend the
primaries.
C. C. N. T. TRUSTEES BILL.
Albany. Feb..?.— A new Board of Trustees for the
College of the City of New-York la provided for in
a bill Introduced to-day by Senator Elsberg. it
authorizes the Mayor of the city to appoint be
fore June L 1300. * new; Board, to be <■ omposed of
nine persons, the terra at one member to expire
each- year. So trustee* »h«ll be remove.l except ro r
cause, and then only after a hearing »• which he
la entitled to «our.»*i. •' * .■. ■ ,
TROUBLES AT SOLDIERS' HOME.
COLONEL DAVIDSON MAT STOCKED COLO
NEL SHEPARD— NEW BOARD OF TRUS
TEES TO BE NAMED.
Albany. Feb. 7 (Special).— Governor Roo»»velt
has advised the trustees of the New-York State
Soldiers and Sailors' Home at Bath. N. V.. not
t« accept the conditional resignation offered by
Colonel Charles O. Shepard. the commandant of
the Home, until the investigation of his admin
istration now in progress is completed.
It should be stated that the condition named
by Colonel Shepard was that a majority of th"
Board of Trustees should vote in favor of ac
cepting his resignation at their annual meeting
of February ft Colonel Shepard afterward with
drew this conditional resignation, feeling that
he had been unjustly assailed. The only reason
that he offered a conditional resignation was be
cause he felt that his policy of administration
was not sustained by a majority of the members
of the Board of Trustees. Then he demanded a
formal investigation of his administration, and
that has been In progress for two months past.
The investigation is being conducted by Deputy
Controller Gilman. Deputy Attorney -Gemral
Coyne and a committee of the Board of State
Charities. The investigation will be resumed
here on February 13.
It was reported here on apparently good au
thority to-night, that the new Board of Trustees
of the Soldiers" Home, which will soon be ap
pointed by Governor Roosevelt. Is likely to elect
ex-Senator Andrew Davidson, of Cooperstown,
at present Deputy State Treasurer, to succeed
Colonel Shepard. Colonel Davidson is a war
veteran, and was once State Senator from the
Otsegn-Herklmer Senate District, and later
Deputy Secretary of State. He was a prom
inent candidate for the Republican nomination
for Secretary of State in "
NEW-YORK MEMBERS RESIGN.
Bath. N. V.. Feb. 7 (Special*.— A private dis
patch from New-York states that Genera'
Daniel E. Sickles of New-York. General Horatio
C. Kinc of Brooklyn, and J. Monroe Shoemaker
of Elmira. three of the trustees of the State
Soldiers and Sailors' Home, situated here, have
resigned their positions as trustees, and that
Governor Roosevelt has accepted their resigna
tion?.
Two of these gentlemen. General Sickles and
General King, have supported Colonel Charles
O. Shepard. Recently, it is said, papers were
prepared for legal proceedings to enjoin the
Braxd of Trustees from removing Colonel
Shepard. Then came a rumor that Andrew
Davidson, former Deputy Secretary of State, was
to he elected i n Colonel Shepard's place as soon
as the Board of Trustees was reconstructed by
the dropping of some civilian members. Gen
eral Sickkes and Genera] King, as well as Mr.
Shoemaker, it is believM. thought that Colonel
Shepard should be retained.
Genera! Horatio C. King was seen last niirht by
a Tribune reporter, at his home. No. 46 Willow
st.. Brooklyn, in reference ro his withdrawal from
the B^ard of Trustees of the Soldiers" Hon-.e. He
said:
General Sickles. Colonel Shoemaker and myself
resigned for the same reason. There Is an in
vestigation now pending In respect to Colonel Shep
pard and tbs affairs of the Hom#. by The c-.m
mission of the State Board of Charities. The Com
mission adjourned to February 13. an«l Colonel
Sheppard had not had an opportunity to present
hip defence. We learned that the majority of the
Board of Tru-t^es were determined at their me*;
ir.sr M-morrow (Thursday) to remove him at all
hazards We th»r-fr, r » s«nt in our resignation.
and we r»gar<s the act as cruel and unjust, and do
not de«ire to be participants in the matter.
General Daniel E. Sickles was also seen at his
home. ir. N<»w-York. and said ir was true that he
had resigned, but did not care to state t -
sons, which, he said, were given in the resignation
sent to the Governor.
AIMED AT THE GERRY SOCIETY.
THREE BTLLS INTRODfCED IX THE LEGIS
LATURE.
Albany, Feb. 7.— A bill which. If passed, will
absolutely wipe out the Gerry Society, was intro
duced in the House to-day by Assemblyman Har
burger. It provides that after the passage of the
act no child under ten years of age shall be com
mitted to any institution by any Judge or magis
trate in this State. All children under ten years
of age arrested by any officer or surrendered to
any court or to any institution must be brought
before the superintendents of the poor of the sev
eral counties of the State or the overseers of the
poor and to the Commissioner of Charities of New-
York for final disposition.
The Court of Appeals having recently decided that
the Gerry Society is not subject to visitation and
Inspection by the State Board of Charities, this
latter Board has reopened the long controversy re
presentation to the Legislature to-day of a proposed
amendment to the law which shall explicitly give
to tt absolute authority of visitation and inspection
and general supervision of the Board. It Is in the
form of two bills introduced by Senator Brackett.
The first provides that all institutions of a chari
table or reformatory nature, whether or not in re
ceipt of public moneys and whether or not sup
ported wholly or in part by private donations, and
If incorporated, no matter what the charter of the
Incorporation may state its purpose to be. provid
ing the incorporation Is in fact, either In whole or
in part, of a charitable, eleemosynary, reformatory
or onrrecticrial character, shall be subject to the
Inspection, visitation and supervision of the State
Board of Charities, Its members, officers and in
spector?-.
Tbs other relates to the certificate of incorpora
tion, and provides that a certificate shall not be
filed unless with the written consent of a Justice of
the Supreme '"ourt; nor unless there be indorsed
thereon or annexed thereto the written certificate
of the State Board of Charities, provided the object
led be the prevention of cruelty to children.
Corporations for the prevention of cruelty to chil
dren shall also submit annual reports to the State
Board of Charities In the same manner that other
charitable or reformatory Institutions are required
to do.
A DISSER FOR GOVERNOR ROOSEVELT.
REPRESENTATIVES OF MAST ORGANIZATIONS
DECIDE TO HfXOR HIM FOR HIS
ATTITUDE ON r\S.\LS.
At a meeting held at the Produce Exchange yes
terilay afternoon at which were present representa
tives of all the leading commercial bodies of the
city, except the Stock Exchange and the Consoli
dated Stuck and Petroleum Exchange, it was de
cided to give a dinner for Governor Roosevelt on
thr evening of March 3 in recognition of the posi
tion taken by the Governor in regard to the de
velopment of the canals for the benefit of the coxn
mscss of the State. The members of the State
('anal Committee, of which General Francis V.
Is chairman, and the members of the New
ommerce Commission will also be ln-
It was not jVcide-J where the dinner would
be held
Th>- following bodies" gent representatives to the
meeting: Chamber of- Commerce. Merchants' Asso
ciation. Board of Trade and Transportation. Mari
time Association. Merchants and Manufacturers'
Board of Trade. Boards of Fire and Marine Under
writers. Cotton Exchange. Manufacturers' Associa
tion of New-York. Coffee Exchange. Real Estate
Exchange. New- York Mercantile Exchange. Produce
Exchange, Canal Boatmen's Association and Metal
Exchange.
The twenty-nve men present were made a gen
eral committee. Oustav H. Schwab was elected
chairman, and William R. Corwine secretary. Mr.
Schwab announced the following Executive Com
mittee:
Guitav H. S«hw«J>. ch*ir- C T. Barrow*.
mar. F. B. Tlutrber.
Oswald Sanderson. tr*a»- Samuel D. COykendalZ.
ur-r. j Henry A. MeOe*.
William R. '.'orwine. aecra- Evan Thomas
tary. A. M. MaoKnlght.
H. R. Hebert. E. L. Boa».
Franklin yuinby. William BrookfleW.
John P. TriMSdell. Darwin R. James.
attrad Romer. John V. Barnes.
Vincent Wmmr W. E. O»»rjr.
8. Christy Mead. , Julius D. AUnr.
J. MontipMnerr "■*•• Herman *l«telt«n.
Henry Hentx. •> »V Q. W. Vajuteritoef.
Uwii H. ape*"*- 8. De Walltearss.
A. B. Hepburn. J. a Heckmoa.
Mr. Schwab will announce the sub-committees
later. The Committee on Invitation will go to
Albany In a day or two. to call upon Governor
Roosevelt and ascertain his wishes In regard to tb«
arrangement* far the dinner. Among the mar. who
are to be Invited to be guesta at the dinner are the
Mayors of New-York and Buffalo, and perhaps also
th« member* of th- canal committees of cm two
tranches at the Legislature,.
CANAL FLAX APPROVED.
STATE COMMERCE CONVENTION COM
MITTEE FAVORS THE RECOM
MENDATIONS.
The committee appointed at the State Cossnssss*)
Convention held at Utlca In October to take such ac
tion as it deemed best to secure tie Improvement af
»he canals so ssat the comae ;rcia! supremacy at the
State may be maintained, held an important meet
in* yesterday m the rooms of the Board or Trade
and Transportation.
It placed use!* on record as betas; In favor of
the general pUn recommended by the State Com
mittee on Canals appointed by Governor Roosevelt,
with such modifications in details as may be deemed
necessary It did not. however. Indorse the sosT
ge*non of the State Committee on Canals that
the canal counties bear the cost of the mills*
of the canals, but It said It was in favor of ralstss .
the money for such canal improvement* according
to the past policy of the State. By adhering to
such policy the canal and river counties, the com
mittee said, would have to meet SO per cent of the
cost and the State* at large the remainder. It
also expressed disapproval of the Dillon bill hctans
the Legislature to amend the charter of this city
so as to remove the canal district from Its present
location near the Battery to the neighborhood of
Fifty-flfth-st.. North River. These views OB th*
Improvements of the canals and the maintains*; of
the commercial sup-emacy of t.ie State were em
bodied In resolutions which were adopted.
The committee consists of all Mayors of III—,
Presidents of villages or chairmen of local Boards
of Improvement cr like organizations of the State.
John D. Kerr.an. of Utica. presided. Among those
who spoke were J. H. Herbert, of this city; Frank
S. Witherbee. Richard Humphrey, of Black Rock;
E. F. Murray, of Troy; G. Waldo Smith, of this
city; Mayor Dtehl of Buffalo: Seth G. Heaeock. of
Ilton; Frank 3. Cake*, of Cattaraugus; A. R. Kes
singer. of Rome. and General Francis V. Greene,
chairman of the Canal Commission appointed by
the Governor si examine s>nd report on tbe canal
question. As soon as the meeting was railed «a
order letters of regret were read. One of the
letters was from Governor Roosevelt. He wrots:
"I am delighted to approve of what has been da-
In the canal matter. Now. whether we shall beams
to carry it through successful or not depends
upon the amount of intelligent outside support we
get. and so I want to. on behalf of the State, thank
you for the steps you are taking."
General Greene said In his address that as fan
proved system of canals— the Erie. Osweso and
Champla ln— would secure for the State almost til*
entire carrying trade of the commerce east and
west to the Atlantic Ocean. He referred to the
report made by the State Canal Commission, and
declared the recommendation that the cost be as
sessed on the canal counties was merely a detail.
He added:
The question is. If the people .-ire willing to pay
Vi per cent en the assessed value of Its land. to>
create a water route that will reduce the cost of
transportation •to Us lowest figure and far below
what any other State can furnish. Whether th«
people will vote to that effect this fall depends
largely on the amount of sentiment hat caa be
aroused by the different commercial organizations.
One of the meat interesting addresses was mails;
by J. H. Herbert. H° said he was in favor of an
improved system of canals to compete wltt Can
ada's subsidizing policy that is diverting trade
from New-York. He referred to the present dif3
cultles of the Brooklyn Wharf and Warehouse
Company, and added that twenty-five years ago
the Brooklyn wharves could not meet the demand!
for accommodation, while to-day they have not
enough business to defray their fixed expenses. A
completion of the proposed canal would benefit, ha
said, the entire State, and this city In particular.
E. F. Mi'Mty, of Troy, was in favor si th« Fed
eral Government building the canals. If it could
not. and the people of the State would not. then
the people of this city, he thought, should take
concerted action to raise the nowy to do so. G.
Waldo Smith criticised the report of Controller
Coier. which congratulated the city on a return of
7 per cent on th« money expended err piers and
docks. Mr Smith thought a smaller return would
be ample. A motion was then made to approve
the report of the State Committee oa Canals, but
a* some persons present thought the cost should
be borne by the entire Sta'e a committee was ap
pointed to prepare a suitable resolution.
The resolutions on the improvement of the)
canals and in regard to the Dillon bill were adopt
ed in the afternoon. The resolution on the Dillon
bill was to the effect that the proposed removal
would put an additional tax on canal commerce by
extra tonnage, cause a loss of time In the delivery
of cargoes and a loss of about one-third of all the
westbound canal freight which is at present loaded
In the canal district from th* lane warehouses
and factories near the Battery- By adopting the
resolution on the ca«al matter the committee m
dorsed and approved the general plan recommend
ed by the state Canal Commission, "subject to
such modifications 19 mar be deemed necessary for
the improvement of the waterways of New-York.
which contemplates the construction of a LCOO-toa
barge canal between Lake Erie and the Hudson
River, and the Improvement of the Oswego and
Champlain canals as contemplated or Chapter T}
of the Laws of 1895. It also asked the Legislature
to take proper steps to submit ta the people of
the State the question of appropriating funds for
the carrying out of the plans, and further said
that "as 90 per cent of the cost of any canal im
provement falls upon the so-called canal counties,
it is of doubtful expediency to depart from the
established policy in improving and maintaining
the State waterways."
PURCHASE OF ERIE CANAL
MR. M*CLELLAX - S BILL PROVIDE 3 FOR ITS
ACQriSITTON AND ENLARGE}!
BY THE UNITED ST
"Washington. Feb. 7.— Representative McClel
lan, af New-York, to-day introduced a bill for
the acquisition of the Erie Canal by the United
States Government and its enlargement to a
capacity sufficient for the largest vessel* of war.
at a cost not exceeding S7s.ot»U»*' The bill pro
vides that the Secretary of State shall negotiate
with the New-York authorities for securing tttm
to the canal, and that any compensation given
to the State shall be paid out of the fees) col
lected of the v-?ssels for the use of the rawal.
not exceeding 25 per cent of these feea in
any one year. When Federal title is acquired it
i» provided that the canal shall be enlarged ao
as to accommodate warships of a displacement
as. The bill makes an appropriation
of $li>,00o.0»*». and authorises the Secretary of
War to make contracts up to $73,000,000 for tb*
proposed enlargement.
For the
Child's First Shoe
Nothing is more necessary than
one that fits correctly at every
point. Mere size is not enough.
The shoe must be right in every
detail. These details are our
special study —
Special Lasts,
Special Shapes,
Special Sizes.
Tto maul c**ttr»6> far first vaik
mc .■ m.Ue of to* doasoia. wita
modaratvly heary sol* «ad n«fe«
•9ru>« heel, button. dm 4 to £
8 51.35.
Also «< tan goat, tmttca or IM%
■us* price.
We have also special shoes for
special cases — for toes that turn in
—knock-knees— bow-legs— weak
ankles— flat-foot. All at moderate
prices.-.
60-62 West 23d St.
9

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