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1 »rid of bo harmonizing the operation of th* our- Jace lines and the new underground rapid tran sit lines as to most effectively provide for the handling of the passenger traffic of the city." Ths committee recommended accordingly. THE IN'STERSTATE TUNNEL. On September 15, IMS. Mr McDonald entered Into the agreement with the Public Service Cor poration of New Jersey, through Thomas N. McCarter. its president, to build the interstate tunnel. This provided for tlie formation of tho Interstate Tunnel- Railway Company of New- York and the Interstate Tunnel Railway Com pany of Maw Jersey, which should enter Into traSie contracts With the? Public Service Corpo ration, tie New York City Railway Company cad lbs new subway lines to be built by Mc 3>ona!d and his associates. Tho financing was to be as fallows: Snch party to the. contract was to subscribe for tit lease $T».O0i),00O, being one-half of $10, 00,0<>'.> present issue of gold bond?, bearing ln •»rf>- :.<.t exceeding .> per cent, to be created either ; tatty or by the Interstate Tunnel Rail way Company of New York and the Interstate Tunnel Railway Company of New Jersey, or by a eatporation formed by the consolidation or mer /:-•■ .-.' the corporations or by a holding company t > be organized. The bonds were to be secured either by v direct mortgage lien on the tunnel and proper; l'..- of the Tunnel Railway Companies or th« consolidated corporation, or by a first lien on shares representing the entire capital stock (less directors' qualifying shares) of the companies, find the bonds were to be of an authorized issue not exceeding $15,000,000, with authority reserved to issue additional Jjonds thereunder at the rate of not exceeding $7,500, 000 for every additional tunnel. The etock was to be acquired in equal shares Toy the two parties, and each was to have the right to elect one-half of the directory. The Erie Railroad Company and the Delaware, "Lackawanna & Western Railroad Company could become parties by a readjustment of the shires. M'DONALDS OWN PLAN. This idea. Mr. McDonald testified, was h'.a ©wn. He worked fully a year in perfecting the detail? Yei by January 31. ItW, the Metropol itan Securities Company had found It was un able to carry out its part of the agreement with him, and he was In a portion to sue for breach of contract, so the contractor and the company agreed on a pettlement whereby the tunnel com pany's Btck was to be returned and subscribers reimbursed Mr. Cassatt "bought the Public Service Corpo ration of New Jersey." Mr. McDonald had heard, and he "would not stand for another tun nel under the river From the $100,000 first re ceived Mr. McDonald paid to Edward M. Grout a fee of $10.noo. which afterward was repaid to him. Mr. Grout did not care to be mixed up with either of the conflicting railway compa nies and afterward turned down retainers from them. Also. Mr. McDonald paid to Mr. Vree land. Mr. Crlmmins, Robert A. C. Smith, Henry IV Mac Dona and Danforth V. Reynolds $1,000 apiece, each man's share as an incorporator. Still another Important agreement was entered *>n the minutes by Mr. Ivins, this one between Mr. McDonald and the Metropolitan Securities Company, dated January 23. 190»>. whereby, for B. payment of $150,000 and the assumption of Sir. McDonald's contracts for work done on the plan, the company was released from all ar rangements regarding free transfers, etc. The agreements by which th« $260,000 was paid were sanctioned by the directors of the Metropolitan Securities Company, the agree ments cancelling the Interstate tunnel project at a special meeting at which only Messrs. Vree land Oral Root. Richard W. Meade. Charles B. Warren and Edward W. Sayre were present. w Sayre Is the secretary and treasurer of the com « pany. "Did you can the* attention of those gentle men, when^ou discussed these agreements with them, to the fact that this virtually put an end to competlrlon in transportation in New York City?" asked Mr. Ivins. "I did not need ">,"was the reply. "That v.«T.t without paying, did it?" "It looks that way." "Did you ever talk with any one on the Bel mont side of the ff-pce with regard to this merger prior to its going into effect?" "Mr. Ivins, I did not know anything about the merger until it went into effect and was en the bulletin boards." At present Mr. McDonald said he was a vtce> pre.Fl lent and director of the Interborough-Met ropolitan company, with a five-year contract to do what sub-way work the concern might «r»>t. Meantime, work or no work, he is to get .*">n.OOQ a year. Mr. Nieoll tried to make it appear that be had done much work already in preparing plans, but. answering questions by Comml? FIRST PIANOLA RECITAL Twelfth Season — IQO7-iqoß AT AEOLIAN HALL New York's Musical Center WEDNESDAY, OCTOBER 9, at 3 P. M. SOLOISTS The Misses EUGENIE and VIRGINIA SASSARD, Duetists Mr. ERNEST HUNTER at the Pianola and Organ. BEGINNING with this week there will be semi-weekly Y< Pianoia Recitals at Aeolian Hal!, to which admission I_J is free. 1 hese take place Wednesday and Saturday afternoons at 3 P. M. In addition to the Pianola numoers, good vocalists are provided and the Aeolian Pipe Organ, with its magnificent tonal resources and great variety of registers, will be played. ' Our object in giving these Recitals is primarily to extend the knowledge of the artistic possibilities of the Pianola • Many persons who have had an entirely wrong conception of this wonderful instrument hare become strong Pianola advocates after attending these concerts. We specially want the opportunity to convert persons who have heard other Piano-players and have supposed that all instruments of this kind must be very much alike. J There is a tremendous difference between the Pianola « and its imitaton, as Jlwwjieciuls' .0 effectively demon •trite. It is a great injustice to the Pianola to class it - with the many other instruments which its world-wide success has brought into being, 1 J R 0 G R A \i : AceotcpiaiM b, tar lincoJ*. i at *"'* +.*' *"»lrr« _.?. HlirMU msaUU O»«tnre Op. !S....(;oM4ii'k '?£* V* " U3l J>« (1688 IC9B, AEOLIAN PIPE OB3AN. i **!« »*>*= ?«ts ire ac for the A«f \xc*. K»!llk« Otl'im ' America at til* R«Mt,t. °" The AEOLIAN CO^j^K^ eloaer Willcox. the contractor said he bad done nothing since obtaining that contract. QUIGG UP AGAIN. Lemuel E. Quigg was the first witness called yesterday. He told about still more work at Al bany. A payment of $500 to Colonel Reuben 1... Fox, formerly secretary of the Republican State Committee, was explained a.s being for Informa tion from the colonel's bureau and for copies of bills introduced. Mr. Ivins examined him in re gard to bills of the series <>f five. "Stelnway grab" measures in the seslon of 1905, which he was opposing. He hardly agreed that Speaker Nixon, in the Assembly, nnd Senators Raines and Ifalby controlled legislation. He never spoke to either F^-nator about th© Bteinway bills, thougta he did to Speaker Nixon. He did not remember exactly, either, a? Mr. Ivir.s put it to him, that Senator Raines moved one of those bills for final passage and then left the Senate chamber when Senator Malby moved to strike out its enacting clause, thus killing it. Those bills were easy to beat, ho raid, because "every newspaper in the city was damning them." Hfs million niime petition nover was presented, Mr. Quips went on. because the merger had done away with the necessity for its presenta tion. "Thereby betraying the interests of a million citizens through tho failure to present the peti tion?" nsked Mr. Ivil ■ "Oh, no," replied Qui,', £. "I spell It out quit" differently. Through the activities of you and other misguided citizens a situation was pro duced where no credit could be obtained for a railroad enterprise in Now York, and, in my opinion, Will not be for many years to come, so the plan had to be abandoned." So far this year he had paid $500 to James L. Wells, ho Bald. He did not know how much had gone to Edward H. IleaJy. He had no regular agreement with either, ho answerer), after some hesitation, He admitted causing the Central Federated Union meeting of March 26. 1003, protesting against the granting of certain subway franchises. At that meeting Controller Grout, John Ford, Thomas Rock and Mr. Bolton spoke, but none, Quigg explained, was paid to speak there. He also admitted responsibility for a Bronx upris ing on August 15 of this year over the third tracking of the Second avenue elevated line. This was arranged through Mr. Hcaly. D. G. Moorehead. secretary of the Metropolitan Street Railway Company, was called to testify again that ho had made no further search for the missing checks and vouchers. Mr. Ivins then declared that In the ledger of the Metro politan Securities Company, in a suspense ac count amounting to $174,002 he found a voucher dated October 31. 1003. for 560.000, This was a check in payment of a bill dated November 3, 1902. The investigation will be continued to-day, wh^n Anthony N. Brady probably will Vie railed to the stand to tell about receiving more ihan £000.000 for franchises for a road, the building of which was held up by Injunction. OPPOSED TO RECEIVERS. Several Lawyers "Argue Against Making Them Permanent. Roger Foster, as counsel for Joseph Conrad, hold ing a Judgment against the New York City Railway Company for J 8.000 for Injuries, and three other persons with claims for Injuries, argued before Judge Lacombe yesterday against his making per manent the federal receivership over that company. He denounced the receivership as Improper and col lusive, almost as much a "stock grab" as hail been the Third avenue receivership. Mr. Foster wanted to file papers in a motion to set aside the receivership, but this Judge Lacombe would not allow. This action could be filed later, ho Bald He fired next Monday as a day on which be would hear arguments on that subject. So the law yer was forced to confine his arguments to declara tions that this receivership had been cooked up for days before the papers were filed. It wan Improper, sines It took the Jurisdiction from the state courts, where it belonged. "The court has been imposed upon," declared Mr. Foster, "and Induced to step outside of Its Jurisdiction. This case was brought here to pre vent the State Attorney General and th« minority stockholders and creditors from proceeding against the defendants In the state court. The appoint ment of the receivers Is In conflict with Judge Holt's decision relative to this same property ar. 1 the illegality of parallel road«." Mr. Foster then raked up the history of ihe Third avenue receivership, and Bald both Judge Lacombe, who appointed the receivers, and the latter had been deceived. This present suit, like that one, Mr. Foster said, was practically a stock grabbing matter. "Tour honor was deceived then, and I assume your honor does not want to be deceived atraln," smiled Mr. Foster. "Tour honor will recall the receiver wan deceived Into making a report show- Ing the Third avenue road to be in a fearful con dition financially, and the Etock naturally de DAILY TRIBUTE. TUESDAY, OCTOBER 8. 1»W. creased. Then later It was found there were rain bows; a second report, phcrwing better financial conditions had been found, and pota of gold were located under the ends of the rainbows. The per* sons bidding in the stock when It was down kept it, and thus Becured control of the road, and still have it." Mr. Foster continued that the court should not assume the difficulties of the reoelverßhlp owinf to the many burdens it would impose. "Tha court already understands the many bur dens," interrupted Judge Lacombe. Mr. Foster said there were no questions of Inter state matters, and therefor* nothing remained properly to give the federal court jurisdiction- Ho objected to many tilings in the order appoint ing the receivers, among them tho right of the re ceivers to pay rentals to other roads without the court's order, and to their right to create prefer ences In damugo suits, and their authority to bor row money and to fix salaries for employes and officers. Judge Lacombe Fald that several of the matters named In the order would be modified, it having been found that some of them are subject to one or many constructions. Judge Lacombe added that the position of the receivers with regard to payments in damage ac tions was one he should grant a hearing on. Several others argued against the receiverships. The suit of William N. Amory against H. H. Vreeland, president of th« Metropolitan Street Rail way Company, to recover dam? for alleged slan der nnd defamation of character, was on Justice O'Ocrnian's calendar in Trial Term, Part VIII, of the Supremo Court, yesterday. When the case was called a clerk from the office of Colonel Franklin Bartlett, of counsel for the defendant, asked for an adjournment on the ground that Colonel Bart lett was returning from Europe. Justice O'Gorman was told thai th« lawyer was expected to-day, and accordingly put the case the first on the calendar for Wednesday. JOLIXE M. S. R. LAWYER. Receiver Formerly Represented Com pany in Transfer Suit. Additional evidence of the "friendly" character of th» federal receivership over the properties of the New York City Railway Company and the Metropolitan Street Railway Company was grained yesterday when lawyers recalled that Adrian H. Jollne, one of the receivers, appeared as counsel for the New York City Railway Company as re cently as December, 1906. The case was one In which Hampton D. Ewlng. counsel for Hugh H. Senior, tried to recover a penalty for refusal to give a transfer. The com pany in the Appellate. Division won the case, and tho Court of Appeals in February of this year af firmed the judgment. Mr. Senior asked for a transfer from the Lex ington avenue line to the 42d street crosstown line. The Lexington avenue lino Is a part of th« Metro politan Street Railway system. Frior to 1900. tha 41.1 street line was a part of the Third avenue sys tem. When th«» case came to trial, the president of the Cd street company testified that It was controlled and operated by Its own officials, al though the New York City Railway Company had admitted control of the stock. Justice Ineraham. writing the majority opinion in the Appellate Division, held that "control" In the railroad law referred not so much to the stock ownership as to the actual physical management. and that therefore a transfer need not be issued, because the physical control of the Cd street lln/> was not vested In th» officers of the Metropolitan Street Railway. Presiding Justice OTtrlen and John Proctor Clarke dissented, On December 12, IMC, the case was argued before th* Court of Ap peals. Mr. Joline appeared then for the company. BURROWS TRANSIT SUIT ARGUED. Chicago Man Seeks Dissolution of Inter. - Met., Alleging" Illegality. The Interhorough-Metropnlltan company filM with the clerk of the United States Circuit Court yesterday an answer to the bill of complaint of Daniel W. Burrows, of Chicago, sad others nv-.iir.st the Interborough-Metn company. Tlion-.as F. Ryan, August Beunont nnd others, In which Burrows prays the federal courts to declare the merger unlawful. Ho asks that tho transfer of stock and also paying of dividend* l>*> • ■; ;-d The company admit the general nll^gations of the complainant as to the formation of tho com pany, but denies that there exists any Illegality in the leasing of th« companies, and especially that there la any competition, or could be. between the elevated, surface nnd subway lines. Mr. Burrows was the holder of 1,400 fliarcs* of Metropolitan Securities Company 6tock, and de clared the merger meant ■ heavy pecuniary loss to him, as well us to other stockholders of the merged companies. IX THE TAMMANY RACE. Three Want Nomination for Sheriff — Men for the Judiciary. The race for th« shrievalty nomination In th* Tammany organization seems to b« batsrsan Jamea J. tiagan. Deputy I ommissioner of Public Works: Eugene 3. McGuire, leader of the southern half of i 1 District, and Coroner Acrltelll. Tho Coro ner has little chance unless there should bo a K"publlean-Independen-e Iyngun nomlnatl n of John I'almietl for Sheriff, [n that case the Tam many men would run the Coroner, it wan paid last night, so a.i to prevent a possible stampede of the Italian vote. Ex -Council man Thomas K. Koley could be nrurii nated for Sheriff if he wanted to b«- Mr Foley is not an office-seeker, lie could have had a com miasionerflhlp in the McClellan administration, bat declined it. Mr. roley sent word to Charles F. Murphy last week th«t be would not accept a nomination for *uiy office. When stun last night :.' baid: "1 am not and never have been a. candidate fur any office, i am Interested In tha Id Assembly District. All my Interests an tbers, and as long k.s they desire me to be their representative In Tammany Hull it will be my pleasure to represent them in that capai Ity, but as for running for of fice—count me out." William H. Ellison, John J. Delany. R. B. Mof fett and Danl«J I". Cohalan are talked of for the Supreme Court nomination. The Sullivan men want ex-Corporation Counsel fcJllsun nominated, no an to tak" away the. stiiiK of bis enforced resignation from the Law Department after his falling out with Mayor McCtellan last spring. Some of tha names discussed for the City Court justiceships are John H. McCarthy and Edward F. O'Dwyer. now on tho City Court bench: A. J. Talley. ex-civil Service Commissioner; ex*Benator Marks, Joseph V. Mulqueen and William V. Moor.. Justices Wauhope Lynn and Georgo f. Roesch, of the Municipal Court, and Magistrates Edward F. Browne and Walsh were talked of for the General Sessions bench. The Tammany County Convention will be held to morrow night at Tammany HalL COMMITTEE OF FIFTY'S FIRST WORK. The Commfttee Bf Fifty, consisting of repi-psenta tfvea of the ClUsens Union, the Bar Association, the People's Institute, the East Side Civic Club, the Independent Club of the West Side, the Reform club and the Committee of Twenty of the lawyers, which held a meeting In Carnegie Lyceum last week, met yesterday afternoon at the Citizens Union head quarters, No. 252 Fourth avenue, and formed a temporary organization, with Dean George W. Kirchwey. as temporary chairman. A special committee, consisting of Charles Bprague Smith, J. Asplnwall Hodge. Julius H. Cohen, Joseph M. Proskauer and Bernard L. Deutsch, was appointed to confer with civic asso ciations of the East Side, with a view to energetic action should the candidates for the judiciary now being considered by the Republicans and Tammany Hall be nominated In that district Special committees were also appointed to confer with the Republican and Democratic party leaders regarding the selection of fit candidates for Gen eral Sessions, the Supreme Court and the City- Court. A commfttee on permanent organization was also appointed. The general committee ad iourned to meet next Thursday. The executive committee of the Citizens Union will meet on Fri day right to take final action with reference to the support of candidates. NOMINATED FOR ASSEMBLY. Newark, N. V., Oct. ".-Wayne County Republi cans to-day renomlnated Edson W. llama, of Lyons, for member of vie Assembly. .. - FUSION m THE AIR. County Republicans Await Move from Independence League. There probably Is to be some port of a fusion or understanding between the Republicans and the In dependence league on a county ticket, although President Parsons of the- Republican County Com mittee refused yesterday to discuss the matter. Mr. Parsons seems to I** 1 waiting for the Hearst people to make a proposition. If they Fhould not make it, there will not b« any combination. The Hearst men probably will have to go more than half way in the matter, showing by their willing ness to support fit candidates that their chief con cern is not tho spoils of office. One of President Parsons** friends said last night: "If we don't fus«* wo will be defeated at the polls. This Is an off year— a year of municipal election*. The Republican frum^rs of the state constitution took the view that strict party lines might be dis regarded In municipal elections. The principal enemy— the man to be crushed -1» Murphy. It Is the Murphy machine which the Republicans will have to fight next year and In subsequent years. If «••« can this year damage the Murphy machine by r>cting a county ticket, st will be a fine tactical victory. i.fjf 'There are to N» elected this autumn a Supreme Court Justice, throw General Sessions Judges, us City Court Judges and thirteen Municipal District Court Justin*, If th* Republicans elect, say, half of those, they, as an organisation, and the com munity, as a who!*, • in view the result compla cently. The Murphy machine will corn* out of the scrimmage badly battered, and the general average In ability and character of Uio new Incumbents will be higher than th» Murphy average It is easy enough to declaim against the policy of fusion With the Hearst men, but the Republican leaders want a victory, or a partial victory, after the polls close. They do not want to n. compelled to admit that they have been defeated all along the line of buttle." This view may not bo strictly a Parsons view of the situation, but it comes from a. man clos« to the president of the county committee. If the Hearst men support Justice Bruce, Judge Whitman and Justice Wadhatns, all of whom nr<* to i" renorainated by th* Republicans, the Hearst men will demand support for their candidate for Sheriff. Who this will be is not certain. The friends of Maximilian F. Ihmsen, Mr. Hearst's campaign manager. Insist that tho place be given to him. Th« friends of John Palmierl. appointed to the Municipal District Court bench by Governor Odell In 1904, expect that he will be named It was learned last night that as yet no d"a! had been arranged. In many of the Assembly dis tricts the respective leaders of the Republican and Independence League organization* liavn Joined forces In tho hope of wresting control from Tam many. These, minor deals attract little attention, as they do not carry great potentiality. It will be much different, however, when the issue for or against fusion with the Hearst men comes up in tho county committee on Thursday night of this week. Tho time Is up on that night, and. what ever those In control of the county convention de cide to do will have to be done on or before that night Do you want to have a voice in the selection of a Republican candidate for President? You cannot vote at the Presidential primaries in the spring unless you register and enroll as a Re publican this fall. Register! Register to-dayl i .» CANDIDATES FOR JUSTICES NAMED. Lewis Nixon Attacks Mayor for Fighting Murphy. Nominations of candidates for tha office of jus ti'-.. in the Municipal Court were roade In several districts last night. In the meeting of the Demo crats of the nth District Lewis Nixon, chairman of the convention, made a speech, saying that he believed the time had arrived for a Democratic vic tory. He condemned Mayor McClellan for his atti tude in lighting Murphy. Willis Bruce Dowd. John Godfrey Saxe. and Moses K. Ryttenberg: were then nominated. In tho 6th Maurice Featherson consented to the nomination of Jacob Marks, who opposed him in the fight for the leadership of the »th Assembly District at the primaries. The nominations that were made follow: DEMOCRATIC. District. ::- Thomas P. Dtneen. ♦t— Jacob Marks. S — Leopold Prince. ft— Willis nrucft Dowd, John Godfrey Sa« and Moses R. Kyt tenters;. 2 Bronx— *John M. Tterney. •Renominated. Th.- following nominations were made for the Assembly: REPUBLICAN. DEMOCRATIC. Dls'rict. District. B— David Robfon. John V,'. Irwln. 10— Anthony M. JicCabe. 35— Robert D. Ireland. 311 — Louis P. Grimier. George J. Schneider was nominated for alderman by the Republicans in the 10th District. Mr. Schneider is the present alderman. Henry B. Smith, chairman of the New York County Direct Nomination League, announced last night that Harvey T. Andrews, deputy appraiser, was the choice of the Republicans for Justice of the 7th District Municipal Court. Several days ago postal cards were »ent to all the Republicans In the district asking the voters to name a candidate for justice, and the returns as tabulated by Mr Smith gave Mr. Andrews, the present leader of the district, the largest number of votes. This Is the tii tit time that a candidate for Justice of the Mu nicipal Courts has been selected by popular choice. As a recent law of the Legislature Rives the 7th District Municipal Court three justices, the other candidates will be Justice Francis J Worces-* ter and Alderman John R. Davles. TO CUKE A COLD IX ONE DAY -.■:• LAXATIVE BROMO Q. -...-.- Tablets. Dru* rut« refund money If it faiii to curt E. w QitOVsTs ■ii&atur* U) «a »*ca bos. 2£«, ' . w '_> Oyster Crackers that are always fresh. > Oyster Crackers that melt on your tongue. j Oyster Crackers with a arm- *y* ing flavor. £1 Oyster Crackers that have never been handled. ,-/' Oyster Crackers that are just a3 good with soup as they are with oysters. P%T? In Moisture &-M proof packages. / NATIONAL BISCUIT COMPANY ™^f" JEROME JABS TAMMAXY. Trying to Sidetrack Whitman, He Says — Word for McCarren. In a statement that he Issued to th« press last night District Attorney Jerome criticises the Dem '•■ ratio party, urging the people of the county to see that the '•squabbles, lack of political good faith, of decency and political morality of this sort of an outfit," does not deprive them of Judge Whitman, who, tho District Attorney says, has clearly demonstrated the wisdom of the Governor In selecting him. Mr. Jerome) says that he believes that an agreement has been mado between the Republicans and Tammany Hall that two of th« Judges of Special Sessions that are to be elected are to be Democrats and one a Republican. Then the District Attorney continues: "It remains to bo seen whether th« Democratic party In this county, controlled In its machinery by a coterie In Tammany Hall, will follow up Its dullard performance in tho state committee- and commit that unpardonable sin of breaking its political engagements. My information is that It will not nominate. Judge- Whitman, the appointee of Governor Hughes. ■i Judga Whitman rot b<» nomlnatei. a - will be don*. Whlla he has been on tbSJ banch of (lenerai Sessions only three months, ha has In that time clearly di.monstr.it.->] thf> wl.s.lom of the )Jo\prnor in selecting him. Tfje people ' -.nty hay« a right m I I ■if his servic. s In order that a misgoverning (K-r..'.p in the Democratic party may reward its ..: hacks." Referring to tha T-^tlng of tho state committees l isi week, Mr J •- "Tli« Republicans have done the right thing, what ever their motives may have been, and the Demo cratic State Committee trails behind, a. striking Illustration of a boiy without courage, probity or brains." Th»» District Attorney said that some one had ap parently r«*r?wa<l<'<l the Democratic ... President Roosevelt would oppose, th« nomination of Judg* Willard Bartlett, and that for this reason It would have a chance for a conference with the Republican committee ml a chance to dictate some Democrat t" b«> elected. Ha continued: •Th> aaatomlty of thla belief waa correctly de scrlbed by Senator McCarr*n as fathead politics. The antagonism to McCarren was such that his motion was defeated without any r>-gTr-1 for Its Tightness or political sagacity. Th« victory over McCarren provr-s a barren one, and only serves to make dearer that he la the only man prominent In Democratic machine politics in this state who Seems to possess a modicum of political intelli gence." Register to-day, If you neglected to do so yes terday. There will be only two more days- Saturday of this week and Monday of next — and you may be ill or out of town on those days. Don't neglect your present opportunity! COURT OF APPEALS GETS AHEARN CASE To Decide if He and Subordinates Must An swer Inquiry Questions. Albany, Oct. 7. -Tha Court of Appeals will OscMa Whether John V. Ahearn. Borough President of Manhattan, and several of the» attaches of his osßce were Justified in refiutng ts answev Qjaos- Oona proponnrtad to them by tha Ctanmisstonan of A. 'counts In New York City. BrMl were sub mitteii t<> xhf> coorl to-day. The. ca?esi com" before the court on arpeals from or. l»rs of the Appellate lilvislon. First Department, attirniit.*; orders of t!..> courts below, which di rected Mr. Ahearn nn.l his subordinates to submit to questions of the Commissioner* of Accounts Whlla Ihey were lll»>SH|Bllllg Mr. Aheai •:. part man t. lit nee these |>i »i sailings were instituted ati«i ehargw against the Borough rinakkiul we*« rtle.i with Oovanvar Hiighoa The.se char gas are still under consideration by th« Qevaraor. Did you register yesterday? No! Well, then, don't fail to register to-day. One chancs has escaped you. Unless you register at ones all may slip by, and you will hays lost your vote. Register to-dayl Telephone Directory For Fall and Winter Months Goes to Press Friday, October 11th New listings must be arranged for on or before abc; c date, if desired for this book. For Manhattan. The Bronx and For Brooklyn, Queens. Richmond Westchester County apply to and New Jersey apply to NEW YORK TELEPHONE COMPANY THE V V. a V J. TELEPHONE CO. Contract Office! : Teltphont Nos.: Contract Off lces : Tt!tF\ontS'os.: il?»^Ki 1 ?»^K. S , t M,'h«i««. JTOO £ortl» Q dt MWIUo« t libjst..BK>rtl r i 9P.«MiL.a 115 «-.,-..•, J. r t »W*«ih ISST Fnlton M.. BrooilTTi •■> Bedford lS?? t Vo?,s^,r r 1 J£ttMornhistMe ntth Avenue. Hrookljn »v«"suta I ul"ilu l "il' 1C 110 l t i^* Koch< : U * *«0^»«-Ko«h«'U« 180 M*ri.t ,-t.. Newark. ". J " : WW X™u" \ Uw»y ( kCeoU-alAT.,T«rjfvTn»«3T»rrjto»n or anj l<x»l em«t ta >"t» '.i H .< GOVERNOR NAMSo JUSTICE. Judge Sawyer, of Wayne county, Succeeds the Late Justice Dunwell. Albany. Oct. 7. — Judge S. Nelson Sawyer. o* Wayne County, was appointed to-day by Gov ernor Hughes as justice of the Supreme Court of the 7th Judicial District, to succeed Justice Dunwell, deceased. Judge Sawyer resigned as county judge of, Wayne County la order to ac cept the Governor's appointment for a term which expires January 1. Judge Sawyer is the Republican candidate to rill the vacancy caused by Justice Dunwell's death. STRANAHAN TO RESIGN, IT IS SAD). 1 t Collector of Port Now in Europe Because of 111 Health. Reports werf> in circulation yesterday that Nev ada N. Stranahan. Collector of the Port. is about to resign. Mr. Stranahan. who formerly was a State Senator, was appointed five years ago by President Roosevelt. He was in and absent from; his oaice in th« Custom House for many weeks last year. He improved in the spring, and was at his desk oft and on unlit July, when he sailed for Europe, ac companied by Mrs. Stranahan. Henry C. Stuart, acting collector of the port, said that Mr. Stranahan was recuperating at a quiet resort in England, an.l that the latest report* re garding his health were favorable. Mr. Stuart added that tho date of the Collector's return to New York is unknown. The placo of Collector of Customs at New York Is ore- of the most desirable in the gift of the President. It carries a salary of JI2.S(XX whila the fce3 bring the total annual compensation up to about BMaa It is understood that several poli ticians are after the place. Among them is Colonel Edward S. Fowler, Appraiser of the Port, who Is m!>l to have the backing of George B. Cortelyou. Secretary of the Treasury. in case a vacancy oc curs la the collectcrshlp. Have you registered? If not. do it to-dayl You don't know where you should register? You will find it in the election advertisemsnts in this paper. Cut it out, and go and register before you forget it! MICHIGAN SPECIAL SESSION OPENS. Governor Warner Urges Improvements in Primary Election Law. Lansing; Mich.. Oct. 7.— ln h!s message to tha Legislature, which convened in special session la the Capitol to-day. Governor F. M. Warner stated that he had called tha session to make improve ments in tlie primary election law anil also to ■whs necessary provision for the maintenance of the Mount Pleasant Normal College, which lost its annual appropriation owing to a defect In the ap propriation bill. In addition. Governor Warner urged upon the legislators, a-> he did at the last regular sessloa. the desirability of open hearings at all times aaA of a law compelling all lobbyists and persons work ing for or against legislation to be registered at the Capitol as a means of "freeing this state from the corrupting Influence of the professional lob byist." The Governor recommended the extension of tlso primary law so a3 to provide for the selection of delegates to the national conventions of the po litical rarties k£ direct vote. "I know of no rea son," he eai<s. "why the county and Mate conven tion should come between th« rank and file of tlis party and the national convention.** LEAGUE NOMINATIONS STAND. Albany. Oct. ".—John 9. Whalen. Secretary of State, decided to-day that the names of John T. McDonough. of Albany, and Reuben R. Lyon. cf Bath, the Independence League nominees for Judges of the Court of Appeals, have been prop erly certified to him by the Indepedence League State Convention, and their names will be printed upon the official ballot to be voted for at the elec tion next month. Thomas P. Long, of New Tort. filed with the Secretary of Stats objections to these nominations, but Mr. Whalen holds that thsss objections are not valid.