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k'> TOW ACCUSES CENTRAL, .A'iTrc RESERVOIR DELAYS. John B. McDonald's Answer to the Merchants' ' Association. The features which attracted the greatest at tention at the hearing before the Aqueduct Com mission, when the Merchants' Association'! charges against the commission's management of Us work were presented were John B. Me t Donald's detailed statement, giving reasons for the delay In completing the reservoir and Mayor 'iLow's assertion that the New-York Central Railroad Company bad broken its promise to the city in connection with accepting compensation lor shifting the tracks of the Mahopac branch of the Putnam division, where the tracks cross the upper portion of the new Croton dam site. "It will be necessary." said the Mayor, "for the board to take up anew negotiations with the Central Railroad looking to a settlement of its claims for the cost of shifting its tracks. The company has flatly broken its verbal agree ment made in December. 1*99. to accept a cer tain 808 for the expense it has been compelled to incur in shifting its tracks. Inasmuch as we lasve no written contract with the company we cannot hold them to their agreement." Later, when Mayor Low was a eked about the company's dereliction, he said: •In ISW th- New-York Central's counsel— not Mr. Place, but. one of his assistants—con ducted the negotiations looking to the pay ment by the city of a proper sum for the trouble incurred in shifting its tracks where the back flow of the Croton dam submerges them. The sum agreed upon was $364.992 85. the city to provide a new right of way. This settlement was approved in March of this year by the Aqueduct Commission, and later ratified by the Board of Estimate and Apportionment. The papers were sent to the company for its signa ture. Not until then were we informed that It •would not stand by the previous negotiations. Its defence was that there was no contract. We row must negotiate for another settlement," It is expected that the company's claims next time will reach the $500,000 mark. OPPOSITION TO RESERVOIR REPORT. ' Recent comments regarding the condition of ♦he Jerome Park Reservoir drew a large at tendance at the hearing yesterday afternoon In the Btewart Building. The first subject taken up was the joint report of Mr. Lewis, an engi neer of the Board of Estimate, and Mr. Mo I>ean. chief engineer of the Finance Depart* rr.ent, published last week, which recommends that a cement flooring of eight Inches be laid in the westerly end southerly sections of the new reservoir, instead of a three Inch flooring. «f« provided for In the original contract- When the report had been read, President Ten Eyck tusked If any cne had any desire to discuss the matter. George L. Duval, of the Merchants' Association, arose and had read a communica tion he had sent to the committee on water supply of the association, in which he referred to the Joint report, and urged the committee to nttend the meeting of the Aqueduct Commis sion. Members of the committee were present, find with them was Alfred Craven, who for five years was engineer In charge of the reservoir construction. Mr. Craven read a long: statement, in which he disagreed in many lmr.ortant details with Ihe joint report of Messrs. Lewis and McLean. Jie declared that boss his familiarity with the work on the reservoir there waa no need for an «-ight inch flooring on the two sections of the reservoir. He said there were no open seams, that the rock was solid and compact, and that ther<* was no need for the proposed additional «-xj t-iipp of about f217,0<X). Mayor Low moved, as there seemed to be a division of opinion among engineers, to refer the contract to Messrs. Burr, Herring and Free man, the commission of expert engineers re cently appointed by the Mayor to report on the l>est method of improving the water supply In character and quantity, and to give them such additional engineering assistance as they 'may need. This motion was unanimously adopted. PTHE CONTRACTOR'S STATEMENT. The Mayor then Eaid he understood that John 13. McDonald, the reservoir contractor, had some report to make. Mr. McDonald said he bad, and read his statement as follows: The contract for the construction of the reser voir was signed on August 2. 1895. and the esti mated Quantities of earth and rock to be excavated were more than 7,000.0<K) cubic yards, which is near ly two and one-half times the total excavation re quired on the rapid transit subway now under con struction. Very nearly all of this material was to I* hauled by railroad and deposited in the swamps tit Pclham Bay, four and one-half miles beyond the treservoir lines. The principal cause of all delays occurring in the construction, and the only reason why the reser voir was not finished within the contract time, was that nether the Aaueduct Commission or the con tract provided the contractor with legal authority 2"or constructing, cjx»ratins; or maintaining this railroad, which was absolutely necessary to carry thin unmans* amount <<! material to the place of deposit, and without which the work could not be <lone. The contractor was left therefore to do the l»est he could, without .-.:.;. corporate right to build the railroad or condemn property for such purpose, «:nd was obliged to buy private property and to obtain temporary permits from the Department of 3 'arks and the Department of Highways. The only basis ujion which the departments could act m granting such permits was the magnitude of the Interest of the city in forward!::* this great public improvement, and the thanks of the Aqueduct Commission and the contractor are due to the Park 3x?iartment and the Department of Highways for Granting and continuing these permits up to the jiresect time. It was the contract or's Intention to prosecute this threat work hy Bight as well as by day, but his right to maintain and operate the railroad from the reservoir to the swamps on Pelham Bay was attacked in the courts by residents along the line of the road, and while the courts in several in rtances denied an injunction that would absolutely rtop th« work, yet they awarded damages to the party bringing *=uit. and prohibited night work on the ground that it would disturb the communities through which the railroad ran The work of the removal of the large mass of earth and rock to form the baeln of this reservoir was of the first consideration. Nothing ■■.' ■! be gained by con rtructing the walls and putting In parts of the bottom lining in r.dvanee of the excavation, and the city In such ca?e would have suffered the loss of Interest on the sum expended for such work. COSTLY I'I.AXT INSTALLED FOR WORK. A* one who has fpent a lifetime in this business, 3 have no hesitation in saying that the finest and ; roost expensive plant that was ever Installed on a j'uhlic work in this country was Installed by me at The Jerome Park Keservoir. Including a compressed <ilr plant of the most modem type, and at that time the larirept In the world for such a purpose; Fteam shovels, fifteen standard trauge locomotives," more than two hundred ears, about twenty miles lot railrftad track, fifty steam derricks, and a full complement of all other tools that were necessary to compiete the work within the time specified In the contract- Having made such extensive prep arations of plant and equipment as above stated, you can realily imagine mv disappointment when the use of this railroad, plant and equipment was curtailed by one-half, causing many years' delay 5n the completion of the work and adding largely to my expense. The*e conditions could not be anticipated either by the Aoueduct Commission or the contractor, and In eons-eouence it has not been possible to prosecute the work with greater vigor When the reservoir contract was taken. in 1535, the country was not enjoying the prosperity of latter years, and the prices of the contract for all items proved to be very low. The cost of labor and *ueh materials as coal, cement, dynamite and steel. which entered largely Into the work, advanced rapidly, while my price remained unchanged, and during the last five year* I do not recall of having received a Flngie estimate which fully met the ex penses for the current month. v LABOR LAW DIFFICULTY. During the session of the legislature of 1802 a bill ■wkb passed to enable the Aqueduct Commission to agree with the contractor that eisht hours should constitute a Cay's work for laborers, and should apply to the Jerome Park Reservoir as we!! as to Hi other mun!-~ii>3l work. Previous to this law all other municipal work except the reservoir was Junder the eight hour law. and contracts were even let by the city officials within the Jerome Park limits, making it almost impossible for me to ob tain end keep labor. Upon this law taking effect the Mayor, Controller and Aaueduct Commission 'fesked me to submit to them prices that would • compensate me for the change of the working hour* required by this law. A statement was sub taltted. approved, and we came to an agreement. Pending the adjustment of this matter His Honor the Mayor asked me if it were possible to complete the westerly part of • ■ .- reservoir within cne year, and rr.\ reply was that If this eight hour law im prove' 1 the conditions of labor that I thought I \rotild be tbl« to promise him the completion of the westerly part of the reservoir within a year, which he insisted should be made part of the '"PP 11 * I™*l^1 ™* 1^ ,,„.„,:, i. jo fair to assume that one year meant under the new agreement, there was a feeling of uneasiness ai?d uncertainty among the men, and very little work was arcomulished e nded that the I "am quite sure that all parties intended that the safer !!, nt C cUn? OO o orU rr d de g p° ar !^ntir|la^ U was nit signed until O^ober 2. and I did not receive orders to begin work until October IS, IW-. avoidable delays caused by reason of the coai avoidable delays caused by reason of the coal strikes in the anthracite regions. „«„♦_! "Since beginning work under the ■"Pplemental contract 1 fir.d that, in the main the change in the hours of labor has been beneficial to the work to the. extent of securing labor, and we have been BlMiTlarK fortunate in being free from local strikes onthe reservoir, when every other work in the S&SS" ihVafe a^gU^f REhrss? «&*?£? as? a^Ks serfouslV delayed by reason of the coal strikes in the anthracite regions, which made it impossible to procure coal. THE CHARGE OF BAD WORK. As to the charges made by the chairman 0 the Verrhfnts r Association committee against the con iacto .r bad work and use of Improper ma terial I will state that there never has been a oom*Wnt made by either the present or former SEE? oTO^n^STS workmanship I have followed the specifications reservoir and the concrete Iw" 01 "',*.^^ Prfave engineering leatures of the work, with which I nave ny/henn v/hen I°said to the Mayor that with a three-inch jft of concrete the reservoir would not hold water T told him that which not even the veriest I will state that in making the excavation for the western section of the reservoir a steam shovel weirntaff about forty tons, which waa being .used Bank into the bottom, turned over, ant tor me tiSe being was put cut of use. If the reservoir had been flUed the column of water oceupytoß the same area as this shovel would weigh ten times as mtch; the effect of such weight on such abot torn may be readily appreciated AJso in many ™i«Tcpr the track used to remove the material ex cavated had fo be cribbed with timber to prevent cvt Th™ m ro'k ki ls%-nd tb bb e vtbot b0t BB e 00 a I my. and will leak If not cox-red with a Bufficient floor. The xriarsn land is soft and Yielding, and will not hold water. When the thickness of the floor required has been determined, an Important question will arise £• £ the- treatment of the junction of the floor wnere the rock and marsh separate, so as to prevent a break in the floor line at this point. This question 1« one for the engineers to determine. The conditions of the bottom are no more fa vorable than the sides of the reservoir against ■which a masonry wall Sixteen feet thick on the level of the concrete floor) is constructed. The broken Ftone for the concrete bottom of the reser voir is on the ground. To Increase the thickness of the floor will not delay the completion of the worK. TIME FOR COMPLETING 'WORK. As soon as Mr. McDonald had finished read ing his statement Mayor Low asked him If he had not stated to the Aqueduct Commission at the time of the making of the supplemental contract that he would finish the reservoir by August 1. 1903. "That's true," said Mr. Mc- Donald, "but I meant a working year. I was not ordered to go to work until October 21." In response to further inquiries, Mr. McDonald said that he would be able to finish the last section (the western) by January 1 next, and that the work of laying the concrete bottom would be begun in the next two weeks. Chief Engineer William R. Hill, of the Aque duct Commission, turned in a somewhat caustic statement to the commission, in answer to the report made by Messrs. Bogart and North for the Merchants' Association. He said that the reservoir walls were good and substantial, and that the statement of the engineers that water was running through them was entirely unwar "Messrs. Bogart and North," said Mr. Hill's report, "apparently made no tests, and seem to have had no actual facts on which to base their criticisms" Mr. Hill exhibited a mass of brick and mor tar of the kind used under his direction by Mc- Donald and Onderdonk. The cement mortar made of ground stone, was so solidly fixed to the brick that they could not be separated. There was absolutely no seam at the line of de marcation. It was like one solid piece. The next meeting of the Aqueduct Commis sion will take place to-morrow forenoon at 31 o'clock. The Merchants' Association has not as yet turned over to District Attorney Jerome its data concerning the alleged shortcomings of the Aqueduct Commission. Eugene E. McLean, chief engineer of the Fi nance Department, in a report to the Controller has sustained the Aqueduct Commission as to the character of the work on the reservoir. CLERGY TAKE ACTION ON GAMBLING. They Send Communication to Mayor and Police of Yonkers. On account of the efforts of !he officials of Yon kers to suppress the poolrooms and gambling of every form, the clergymen there have united in sending a communication to Mayor Walsh and the police urging them to use every effort to stamp out poolrooms. The clergymen represent every de nomination In the city, and no such concerted movement on the part of the churches has been effected In years. They are determined to drive the poolroom men from Yonkers. In their letter to the Mayor they comment on the recent favorable action of the police In forcing certain gambling places in Yonkers to close their doors, and add: The holiness with which these nefarious enter prises have defied all law have made us, as a body of men pledged to maintain the high moral char acter of our city, feel that some concerted, positive and persistent effort should be made to protect our community from the Inroads of these "ho are be fore the law and the public conscience criminals. Furthermore, the apparent difficulty of bringing these criminals to Justice and the need of unre mitting prosecution make it imperative that all citizens who believe in the maintenance of order end decency should t-e -\roused to an active series of their obligation with reference to this matter. We furthermore call upon our Mayor and police officials to exercise every power at their command in the preservation of order and the prosecution of criminals. Without reference to rolitical affllla- Tlrr.« we pledge them our unqualified support in all • ••- endeavors in this direction This city must be cleansed of these lawbreaker!). "-'; » - ,i ... i. — A* ~~^» -*^KMM£wm«f i«AEHESBS^9*H4HIML. NEW- YORK DAILY TRIBUNE. WEDNESDAY. JUNE 10. jm THE COLUMBIA CLASS OF 'OS SCHOOL OF ARTS. Columbia, Class of '03 School of Mines was rpubllehed in yesterday*. Tribune) <Pfcoto«Ta*ft< »r ?Mh Bro«4 i - ' WANT P. R. R. STOCK. Reported Ofer of Powerful Interest to Underwriting Syndicate. It !s reported on good authority that the Speyer- Kuhn, Loeb & Co. syndicate which has agreed to underwrite the $75,000,000 new Pennsylvania Raliroad stock at 120 has received an offer from an Important financial Interest to take over, at a certain percentage above the syndi cate price, any part or all of the stock which may come into the syndicate's possession. In fact, it is said that this financial interest would welcome an opportunity to take all the new Btock, which, with its present holdings, accord ing to the report, would probably carry control of the Pennsylvania. The identity of the Interest which is rumored to be seeking control of the Pennsylvania is not disclosed, but Street rumor attributes such a desire to a group of powerful financiers, includ ing the Rockefeller-Gould interest, in combina tion. The possibility of a change of Pennsyl vania control has been frequently discussed lately in Wall Street, where it is thought that^a return of normal conditions may reveal some important and significant changes in railroad ownership. . - It has been suggested that the acquisition of an Influential voice in Pennsylvania by Rocke feller and Gould interests would put an end to the strained relations which have so long existed between two of the most important railroad In terests in the country. TRY TO BRIBE OFFICERS. Italians Concerned in Naturalization Frauds Also Threaten. Secret Service Agent Peeke and Assistant United States District Attorney Houghton admitted yester day that attempts had been mede to bribe federa^ officials, and that, failing in that way to stop In vestigation of the Street Cleaning Department nat uralization frauds, threats of bodily harm had been made. They said that there had been a concerted action on the part of certain Italian* to put an end to the investigations, and that the interpreters who had assisted the officials in their search had been menaced. One of these interpreters Is Pascal Bresh!. He is a member of a number of Italian secret societies. Certain of the members, It is eald, first tried to bribe him not to interpret exactly what prisoners might say, and to change the wording so that their statements would absolve them from guilt. When they found Breshi was not to be bought, he and his family were threatened by veiled suggestions of vengeance. Mrs. Breshi. it is Bald, is now bor dering upon nervous prostration, and is afraid to leave the house without being escorted by her hus band. John De Cillis. another interpreter, about a year and a half ago worked with Mr. Peeke in Wilming ton, Del., where, through the combined efforts of the' two men, over a dozen Italians were arrested and sent to prison for forging naturalization certifi cates, and a score or more toileted and ha fa hundred bogus certificates seized. Thfy say that a number of Italians in Wilmington made affidavits that they had paid to De CUlts money, for which he promised that, friends should be protected. The Washington officials took this up for Investigation, but have not taken action, falling to dislodge De Cillis in this manner, all kinds of threats, open and veiled, were made against him. "I could never have learned by whom and where the forced certificates were printed without De Cu lls " eaid Mr. Peeke yesterday. "Nor could I have ever secured the counterfeit seal of the United States Court. De- dills it was who went alone to the house at midnight and captured the seal. I know that they have time and time again tried to buy him and I know of many Instances where he could have made big money by concealing certain infor mation from me. but he never did. I know that at tempts have been made to buy Breshl, but I know they failed. Attempts were made to buy me. Mnnfv has been offered to certain persons to be divided between Assistant United States District Attorney Houghton and myself." RUBBER DU! To Make Roadway of Williamsburg Struct ure Noiseless and Dry. Bridge Commissioner Lindenthal yesterday an nounced that to make the roadway of the Williams burg Bridge as noiseless and as dry in wet weather as possible he had ordered rubber dust to be placed under the ereo-reslnate wooden paving blocks that are to constitute the roadway. Under the wooden blocks will be a steel flooring-, and directly on top of this steel flooring will be the layer of rubber dust and shavings. Nothing of the kir.d has been tried before so far as known, and engineers ara not a littla interested in the experiment. All th<? rubber factories have been asked to quote prices on rubber dust. Dredging was begun yesterday at Pike Slip for the new caisson of the Manhattan Bridge, which has been launched at Har!°m and will soon be towed to the pier site on the Manhattan side. DOGS NOT MUZZLED YET. Proposed Ordinance Goes Over — Animal That Bit Dowling^Died. After a prolonged, and at times, humorous, de bate In the Board of Aldermen yesterday, the dog muzzling ordinance was put over until Tuesday next, when it will come up as a special order. The same action waa taken or. the resolution for the appointment of a commission to beautify theclty. "Were you ever bitten by a dog?" some one asked of Alderman Dowllng, who opposed the reso lution. "Yes. twenty years ago. And the dog died after ward," said Dowllng. Alderman Mathews opposed the resolution on the ground that it would not reach the dogs it was in tended to reach. The Society for the Prevention of Cruelty to Animals had collected 29.100 dogs last year, he said, of which only 1.900 wer redeemed by their owners. The homeless dogs, ha thought, would not be reached by the ordinance. Alderman McCall's amendment giving the en forcement of the ordinance to the animal society waa adopted by a vote of 27 to 16. HAVE I'OK SETTLED the qnMtlon as to where yon will ipend year inmpierT >nt SumUj'i Tribune* Trill help you. m.» It will be a well tlluatrate<l fcnuimer Resort Guide, with information, etc TEN HONORARY DEGREES. Governor Expected to Get One at Columbia Commencement To-day. Columbia's 149 th annual commencement will be held In the university gymnasium to-day before a host of distinguished men. including: Governor Odell. About nine hundred degrees will be con ferred. The programme for the exercises will occupy most of the day. The trustees, faculties, recipients of honorary de grees, guests and graduating classes will form in procession at 10:30 o'clock and will march to the gvmnaslum. where President Butler will make an address after which he will confer the degrees. Two women will receive the decree of doctor of philosophy, and some ten men prominent n vari ous lines will get honorary degrees. .Their identity has been kept secret, but it is expected that Gov ernor Odell will be among the numbers. At 1:30 A smoker will follow. CLASS DAY AT VASSAR. M any Seniors March to the Tree, a Great Throng Looking On. [BT TELEGRAPH TO TIUS TBIBCNU.] Foughkeepsle. N. V.. June 9.— The class day exer cises at Vassar College this afternoon were held out of doors. A stags had been constructed east of Strong Hall, and In front of this platform the guests assembled to listen to the oratory and class songs. All the members of the graduating class were hand eomaly attired In new summer Rowns, formingr a beautiful spectacle of bright and varied colors. On the platform were the eighteen members of the sophomore claw who had been selected to carry the great daisy chain to the class tree. Shortly before 4 o'clock the graduating class marched from the main building to the piatform over a path c* canvae. Miss Elizabeth Burd Thompson, of Allegheny, Fenn.. president of the class, presided. The historians were Miss Cath erine Crystal Eastman, of Rochester, and Miss Harriet Anderson, of Mount Vernon. The great throng of guests Btood in front of the platform, end aa the speakers finished and the usual class songs were given, the applause was most liberal. After the exercises the procession started on its way to the class tree, located north o£ the main entrance, near Rockefeller Hall. The windows of thl» building were filled with guests. The procession was headed by the marshal. Miss Martha Linden Hennlng, of Saratoga. Then came the" eighteen members of the sophomore class carrying the monster daisy chain. Following were the members of the graduating class, the sopho mores and Juniors. The march to the class tree was one of triumph through nearly a thousand guests. At the tree the customary exercises were carried out. The si ade used by Matthew Vassar In turning the sod when the college was founded was used. The senior spade orator was Miss Mary Isabella Starr, of Springfield, Mass.. and the Junior spade orator Miss Jeanetto Stuart Taylor, of New-York City. The eenlor and Junior charges were delivered and the afternoon's exercises brought to a close. The attendance is said to have been the largest in many years Tha annual luncheon of the Vassar Alumna: Asso ciation was given In the dining hail of Strong Hall. Mr?. Mac Coy. of Bryn Mawr, Perm.. presiding. After dinner speeches were made by guests and alumnae, among them President Hadley of Yale, who accompanied his wife, a Vassar graduate, and by Professor Gertrude Buck, of the English de partment at Vassar. This evening a reception was given by President and Mrs. Taylor to the graduates and their frienda ar.d the guests were officially received. The commencement exercises will be held in tne chapel to-morrow morning at 10:30. The graduating class, which numbers 145. is the largest ever gradu ated from Vassar. The speakers will be Florence Hannah of Poughkeopsie, N. V.; Florence May Bennett of Nantucket: Gertrude Louisa Besse, of Springfield. Mass.; Emily Beckman Deeming, of Brookfine, Mass. ; Susannah Jane McMurphy, of Tacoma. Wash., and t'elia Arnold Spicer. of Provi dence. K. I. IT FOX BRIDGE. Even China Is Feeling the Influence, Say the Missionaries. Clifton Springs, X. V.. June 9.— Medical practice as promoter of civilization, with its reflective in fluence upon mission work, waa the leading topic before the conference of missionaries to-day. Men and women from various lands spoke of extensive results from their work. One session waa devoted to India and Japan. Miss Susaj-. Easton said that the law passed in I&GJ legalizing the marriage of widows In India was a law only in letter, as gen eral prejudice is against It. Education of woman, however, she said, was spreading, and many preju dices were giving way Professor Ernest (.'lenient, of Japan, contrasted that government's present firm financial standing with the days of feudalism and before Christian principles were known. The Rev. J. O. Spencer spoke of the influence of Japan's progressive spirit over China, and Raid he would take chances with Ch!na. instead of Rtssia, for religious liberty. The Rev. William E. Griftis. author of the "Mikado's Empire" and other volumes en Japan, said that one of the powerful agencies to help Japan along was the freedom of the press. Communications from two absent members of the union were read. The Rev. Dr. John O. Paton, of New-Hebrides, told of the conversion of the savages, and Dr. Jessup, of Byrla. gave a report on the success of the six colleges at Beyroot, As siout. Constantinople, Marsovan, Kharpat and Afntab. The conference closed to-night. WOMAN GET 3 DROP ON COWBOY. Butte, Mont., June 9.-"D!ek" Stanifcr, a cow boy, was shot and killed here to-day by Mrs. Leo Brown, who formerly was his wife. Btanifer, it Is said, after twice knocking the woman down, drew his pistol. Mr*. Brown, however, was the quicker, and her bullet sped true to its mark. THE TAGE SAILS FOR THIS PORT. Baltimore. June 9.— The Trench cruiser Tage, after being at anchor a week In the harbor, here. •ailed for New-York this morning. Admiral Rivet is in command. JAPAN'S PROGRESSIVE SPIRIT. LEAVES OUT ACADEMIES. Plan Practically Agreed Upon for Allotment of School Funds. [BT TELEGRAPH TO THH TRIBUNE.] Albany, June 9.— Bishop William. Croswell Doane, as Chancellor of the Regents of the Uni versity of the State of New-York, and Super intendent Charles R. Skinner of the State De partment of Public Instruction have come to gether under the provisions of the Rogers act to arrange for the distribution of the $100,<XX) ap propriated for the payment of the tuition of non-resident pupils from schools In this State not maintaining an academic department who shall be admitted to schools maintaining one. Prior to the meeting of the Chancellor and the Superintendent there was some correspondence. In which the views of »ach was expressed as to how it was best to apportion this fund. It has been practically agreed that under the Rogers act the money appropriated for the payment of the tuition of non-resident pupils in high schools cannot be expended for ouch pupils In private academies. "Schools maintaining an acadenie department" is the phrase used in the Rope' 3 act, and as there are similar words used in the Consolidated School law, and as th« distinction between an "academic department" and an "academy" appears to be recognized in the law, as it was before the Rogers act of this year, the academic departments of those public schools and not the private academies are the ones cov ered by the new appropriation act. Another question which has caused some dis cussion is what schools shall be recognized as maintaining a course of study which the chan cellor and the superintendent can approve. There are schools maintaining academic de partments which have only a one-year course. Pupils attending such schools have been tn the habit of going afterward to schools with a fuller course of four years. The difficulty presented Itself under this new act of having the chan cellor and superintendent approve a one-year course of study as an academic department within the meaning of the terms of the Rogers act and thereby preventing a pupil going to another school where a real academic depart ment was maintained. In other words, it would set the official stamp of approval on the one year high school. These and other matters of general import having been tentatively agree upon, the Regents' office and the Department of Public Instruction are busy preparing each a list of high schools deemed eligible to share in the distribution of the non-resident pupils' tuition fund. When the lists of schools has been com pleted the chancellor and the superintendent will come to a final agreement as to the regu lations and requirements under which they will issue a certificate and permit a school to have the tuition fees of non-resident pupils paid by the State. The amount the two heads of the educational departments of the State are permitted to pay out for each pupil is |20 a year for a school year of at least thirty-two weeks, or a propor tionate amount for a shorter period of attend ance of not less than eight weeks. If the private academies are shut out, as will be the case without doubt if the chancellor and superintendent finally agree upon it as they are understood to havp done, several hundred academies where tuition of resident and non resident pupils alike is charged will not be en titled to share in the distribution of the $100,000. but every public high school with a full ap proved course can share in it. It was agreed from the start that sectarian schools, of what ever denomination, could have no right to share in this appropriation because of the constitu tional prohibition. DOCTORS SJVINDLE CITY. Get Antitoxin Free— Charge Poor $5 a Bottle. Nearly forty warrants were issued by Justice Mayer, in the Court of Special Sessions, yester day, for physicians who are charged with cheat ing the city out of antitoxin and selling it t-> patients. The serum may be had free on the affidavit by a physician that he is getting it for a poor patient, but It Is asserted that the Dis trict Attorney has evidence that doctors have been selling the serum they get for nothing to poor patients at $5 a bottle. The Health De partment authorities say the best antitoxin may be had for $3 a bottle. The first arrest m»de was that of Dr. Anton H. Pacina, of No. 34G East Seventy-second-st. Detective Sergeant McConville, of the Central Office, took the warrants, and. with a squad of men from the Detective Bureau, started out to serve them. The antitoxin made by the Department of Health is sent to various "stations" or drug stores In different parts of the city, where It may be obtained by physicians needing it by purchase or affidavit that it is for a poor patient. It was noticed at the Board of Health sorre time ago that certain doctors were getting a number of bottles of the serum free by means of the affidavits whirh each doctor has to make and leave In the station, giving the name of the patient for whom it is procured. Just about this time the Commissioners of Accounts went over the Health Department expendituies and noticed the large amount nf antitox'n given away. They Investigated, and learned from the Health Department officials, who had been in vestigating, that poor people were being swin dled. "Where nre >on tiolnjc. my pretty maldt' 1 "I'm undecided, sir.** ahe said. Then buy next Sunday's Tribune, ma It will contain m well Illuntratetl Summer Resort Guide, with all the neeeiMrjr Information, to. '-" • r^*^' Ik r'-i'lf** '' MILLER ON THE STAND. DESCRIBES THE SWINDLE. No Testimony Yet About Arrmon'g Share of Syndicate Money. ■ The places of the two Jurors who were excused on Monday were filled yesterday, and. as was expected. William F. Miller, the head of th« Franklin Syndicate, took the stand against his ex-counsel. Robert F. Ammon. If th« sham of the "820 per cent syndicate" was not fully ex posed at Miller's conviction it was yesterday. when Miller summed up what he did In My teg. "All I aid was to sit at my desk and receive money.** District Attorney v ■• In --•-•-*•-• -*•« sal* it would be shown that when the fraud of the Franklin Syndicate became public Miller went to Ammon and was' told by him to "make a run for It"; that Miller followed this ad vice, going to Canada. Mr Nott declared that the day before Miller went he turned over to Ammon about $195,000. This he would prove by Miller himself. Miller, who did not look seriously ill, «aid neither he nor th» syndicate had Invested any money In the stocks, bonds, etc., mentioned In their circulars as being good speculation. Ed ward Schles3inger became associated with him In the latter part of September, or the early part of October, 1599. The Franklin Syndicate bad never operated in Wall Street. After the fie pofltors were paid, what was left over wa counted out. Two-third 3 was put on Millar's desk, and a third, in cash, was pur on Sc!ile««n ger's. The trial will be continued to-day. ARE AGAIN AFTER COLER Broadside of Three Dissatisfied Guardian Trust Co. Director*. Another attack, following those that recently re ceived prominence, has been made on Bird 8. Colar as president of the Guardian Trust Company by tho directors of the concern who ar« dlMatl»aed with him, and who, out of a total of thirty, number th*«« Two of these three directors recently failed el re election as second vice-president and general coun sel of the company. In a long printed article ad dressed to the stockholders they speak of "ug!y rumors." and reprint a letter from one of th«lr number to Mr. Coler saying that "this condition cr affairs is not only Improper, but scandalous." Three men, the circular says, had obtained sub scriptions aggregating 66 per cent of the stock of the Guardian Trust Company allotted at th« com pany's organization. These men were E. C. Brown, until recently second vice-president of the company; David Bennett King, formerly general counsel, and George R. Morse, who "it was generally understood was to be president." Mr. Morse, however, decllaed the place, the circular thus explaining his reasont It was ascertained that Mr. Morse's declinatlca was due to the attitude of friends of Mr. Coler. wUo at once "'sprung" his name upon, the commute* as a condidate for the presidency, coupled with the statement that a larger capital »ai needed for tho large and profitable business which Mr. Coler cc \.i bring to the institution, and the statement was made that if Mr. Coler could be "Induced" to accept ♦he presidency he would not only bring very profita bio Business, but would take and pay tor all of the proposed Increase of the capital stock from S2CO.OGO to II 006. and the Increased surplus to the saaja amount, provided the original stockholders would egre« to waive all their rights to participate la as increase and permit him and the associates whom he should name to have the entire amount. The committee on organization. Induced by t!jes# repre sentations, acted favorably on the proposition, and Mr. Coler was Immediately elected president. At a meeting of the board held on March 13. the circular says, the decision was reached to re duce the capital stock and surplus of the com pany from $2,006,000 to J1.000.000, the origlnaMo^, and a resolution was adopted appointing a commit tee of directors to consider the condition of tin company. The circular continues: Thereupon Mr. Brown addressed himself t» M>. Coler and said: "Will you place your res!«s*tSoa in the hands of th* sub-committee?* Mr. Coler replied: "I will give my resignation when it is asked for by the board of directors." Mr Brown answered: "That won't do. Tour eon* duct Justifies the demand I now make on yea for your resl(m«tlon. Will you give it?" To which Mr Coler replied: "I will give my resignation when It Is demanded by the executive committee." Mr. Brown thereupon said: "I will not acc«pt IT..S. I now demand that you place your written resigna tion in the hands of R. W. Jones. Jr.. E. C. Brown and Edward H. Fallows, to be presented and a«ted on. by the board of directors of this company a*. the discretion of the majority of those named. Mr Coler turned to Mr. Brown and said: "This would ruin me and blast my future. Do not demand that mv resignation be placed in writing I will give it when the executive committee calls for it." Mr. Brown replied: "Eliminate the executive committee. Tour resig nation must be given now to R. w. Jones. Jr.. E. C. Brown and Edward H. Fallow*, to be presented or accepted by them or any two of them demand ing it " Mr Coler again pleaded not to be forced to write his resignation, whereupon Mr. Brown Ba "jir, Coler. can we rely upon your promise?" Mr Coler answered: "I am a member of the Stock Exchange-; Mr. Parker and Mr. Chapman are mem bers of the Exchange, and they know that a man who breaks his word to a fellow member might as well get out of the Street. My future Is here, and I nhall b« ruined if I fail to keep my promise." Mr Brown then said: "Mr. Coler. I will accept in good faith your promise, and will not ask for your resignation in writing, on these conditions: If you will now agree in the presence of these gentle men, who will be witnesses to that promise, that you. without equivocation or demur, will on de mand of X, W. Jones, jr.. E. C. Brown and Ed ward H. Fallows, or any two of them, not as members of the sub-committee that has Just been appointed, but a3 Individuals, write your restaria tion. present and insist in jrood faith to the board of directors that the same be accepted without de lay. Will you make this promise?" Mr. Coler answered, "I will." The meeting then adjourned. On April 30 Messrs. Brown and Fallows asked Mr. Coler to place his resignation in their hands. DELAY IN ERIE IMPROVEMENTS. Cleveland, June ?.— F. D. I'nderwood. preside-.! -' the Erie Railroad, who was In this city to-day, said that because of the scarcity of labor extensive Improvements to be made on the road cannot b« started before fall. Regarding the probable chang ing of the route, so as to put this city on the main line of th<* Erie. Mr Underwood said that the question was under confederation, and that surveyors were going over the ground. HITTING THE PRICES. $!. Pretty little conceits in Chil dren's Washable Blouse Suits. These are worth $2. $1. Negligee Shirts for men. Fins percale, hand finished — A Gentleman's Shirt in Stylish new patterns with thousands to select from — well worth $1.50. All size neck, and sleeve lengths to 37 inches. What We Do in Shirts is indica tive of our Clothing — Great Value:* tor Little Money. ' Homespun Blue Serges, single or double-breasted, $15. Cool, strong "openwork" Homespun Suits. $15 • Outing Coats and Trousers, ) $15 Single or Double-Breasted • to Sacks or Norfolk*. ) $25 Straw Hats, Soft Hats, Shoes. Smith, Gray & Co., New York : Broadway at 31st St. Rrn .. „ . » Broadway at Bedford Ay«. 4: Brooklyn. } Fu ton st . M Ftotfciub Av# .