New-York tribune. [volume], June 13, 1908, Page 3, Image 3

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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A MOVE THAT FAILED
PHYSICIANS TO FOELKEK.
i fjmg Chance Was Taken to
Keep Senator from Voting.
June 12.— Senator Patrick H. Mc,Car- ■
*ot Brooklyn, leader in the fight to protect
T *V_ p^. pamblins:. and Assemblyman George
r *"^]v »w. acecording to a report here to-
Tv»T u» the m*?- who srnt Prs. Elting and Thoo- |
,'"p Bajiey To see Senator Foelker yoster- !
6 °* Out of that visit, which was unexpected
*\' n<jesiredn <jesired by Senator Foelker and Dr. Mur
jb- fcis attending physician, grew alarming re.- |
? " } * .hat ■ desperate attempt had been made '
<w injure the sick man.
:P BailO' and Elting are both reputable
L -piclaris of - ie: - standing here, personally and
J^ <i; , nB :;y. They went in perfect good faith.
general Idea here is now that they wore
1- At the tools of a long chance scheme. «=uch as ;
m racing leaders were desperate enough to take
t-dJatt -dJat the opinions given "by such men. strangers.
♦b»t *> p *** unable to attend the Senate srs-
YonV on would keep Senator Foelker away.
45 the Tribune correspondent learned the story
~>-dsy Senator --Can-en and Mr. Kelly, who is
'"sch in McCarren's company during legisla
!L. pessior.s. called on Dr. Bailey yesterday
n -slug- McCarren. according to the story
•!L'-d here, told the physician that Senator Fo*»i
ta^j physicians wanted to have a consultation
'tis patient's condition with two Albany phy s -
Jdans. Dr. Bailey had known McCarren for
rrj-v years, having; attended him professionally
™ eTa [ timee. and is Kelly's family physician.
Thus he hid '■' especial reason to doubt the
Led. faith ol his visitors.
"H&f tWa consultation been arranged BsrT* he
«sked McCarren.
The r^>' ?iri3n fought the reply indicated that
jt Md been arranged for.
Pi- Bailey thereupon made an appointment
trirh I»r- Eti^e- astoß has a considerable reputa
tion here as a surgeon, and they went to Seiv-
Ettr Foelker"? apartments. inquiring there for >
DrT^lnrphy. From him they speedily learned
, hit no consultation had been asked by him.
cr arranged for. although some suggestions had
been made to him by New York people that
tf *aoU call other physicians Into consulta
uon' That havinc become apparent, they left
the JioaM without making any effort to see
Baiter Foelker.
i pr. p, .- was asked to-day if Senator Mo-
Carr?n were not the man who conducted nego
&tims with him. He declined to discuss the
i'cer,r;Tv of his visitors f or the present and re
tewdlto h:s statement yesterday as contain
ir.? all the facts he cared to make public until
h? had f™?ti The men who told him that Dr.
jjsr-*^- wanted to call him into consultation.
That statement said:
•Two men called at my office this morning
eid stated that the attending physician of Sen
stoT Talker desired a consultation with two
Albany phrrfcians and requested that Dr. Eltlng
ar.a I csl* as early as possible to Fee the
:->n&ter with his attending physician. I made
wi appointment with Dr. Elting and we found.
ra R>»i7ir Dr- Murphy, the attending physician
ti the Benaior. that no such request had been
rad?. We nrver entered the house, but made
rar apologies to Dr. Murphy and took our de
jirtcre."
It is considered highly significant that Just
stoct th" time th» two physicians must have
mcd for Senator Foelker's apartments a re
jtsr. spread around the Senate circle, emanating
•Jromthe racine leaders, that be would be un
... a ppear «t th«> session, as he was almost
■2 deaths door. Those who saw Senator
f<**e r yest-rday hay no doubt that any
rcr?*on of skill "would hay advised him em- !
fflißtliVhi' "^ UTi'^ a -— -•»«*»»•»<-■ a \'iw ■•*« to
verTure ... and he performed his duty yes
terday expressly against th" wishes and direc
tions of r>r. Murphy. Thus the racing people
arp?.r«-mly reason that Dr. Murphy would take
the visitors t" see Foelker, and their opinions
added to his would convince the sick* man that
-< mupt abandon his attempt.
It was a long chance, but no more remote a
possibility than plenty of oThers they have tried.
< ■■ it va? a much leal dangerous and
qaeetionable performance than that of other rac
ing ?n e n when they kidnapped Senator Fancher
in an endeavor to keep him away from the first
TOt".
Th*r' was s report here to-night that pro
posals had been made to a third physician, of a
lar different class from that of Drs. Bailey
«nd Eltir.g, to offer to tak* Senator Foelker in
«n automobile to the Capital, Then, having got
fcta into the machine, to take him to Troy and
.it. hfan there until after -...- vote. This could
ETt b» FubFtantiated in any way. and the name*
•5 the physician and th*> other? in the alleged
i"«~i "«~ w»»re not given.
QOFEKXOR SEXDS NOTICE.
Inform* Sheriffs and District At
torney* of Faring Laza?- Provisions.
By T»":e*Taj:h to Tr>" Trlh'jr* >
Vie-- Jna« 12.— Any Shrift or ptctrict Atrwr
**T in this ftaf who imagine?; th*> Acnew-Hart
•iti-Bnb'^.c laWs •** **■ plaiCWd o«- ib" rtatu**
■Hfta io b^ enfore^fl or -lisrt-c-.ro^r M h«* pleasei
«-•«-- bbnself in s p^<"k of trouble very Bud
" if tb« -.-■■•..■ «•-..•■ <-ham>wr Is
■JT Olwrion. Alpo. any oblieinp p«' rpOTI who for
• Jjwt rap*" of any port tries to f .!ar» a bet on
* T*<sPTrß r i< <■>• vioiato t>inte iaw> in iiny o*h«>r
1; " m will. -,« beji«>v»d. b* 'akin? Itet rhaneea
a T^rr-; -n th«» rt^^r^pt penit^ftisrv or county
*' li»T] the 5-»rsjf <-iti7«i wmjl«i consider rom-
Ctwernor Hu?h»s sent ... followinjt letter to
<«r to wry BbertfT and District Attorney in the
"att: aIBO to the Foliro Commissioner of New
Ynrk rj.v;
Itacknve copy «f <~hap'*r* ..... SOT of the Law*
« UK. •Bh:-h' ain-rid rwjpectivelr '"hapier st* "f
JW Liw? m itv, an<i Section 351 .-.- th« Penal ' Ode
Thej»«{. c?f Tr>nk e*fe,~T on .Tun*-- n. ISOS.
T «"&!' four attention "> »he provision* of th* law
* f amended sno I r«»oii«»Ft voy to take whatever
•**"s may v* necessary to *erur*» ire enforcement
■
-■ -. official* jt* directly amenable m the Gov-
— -• In ca« any violations of the law occur in
'ter Jurisdiction there will now be no excuse that
&c li»- was cnkrwwn to them. Thle action was in
*> eer.^ repaired of th*» <*>vernor. but was taken
that there ixugfat be n» intention whitn-fr about
«w fcsowfedev erf the law hv every official required
•• enforce it.
Supporters of the A*rnew-H*rt MB* la the I**is
**»• think ej;v prolonged legal proceedings on
tJ * part of the racing association* « bookmakers
%r ><M be dma and money wasted.
T^e bills became ... pi (Minn is that
'**r ar * g^, Uw . (h# , y passed regularly." "Id
*• «f th« Gov*mo-> friends. "While it wouldn't
■WpriM m" to haw the racotraz-k people fiph'
tteai in * orrl< . f^hion. because they r.ow are feel
•*iwry iw»; J d-jn'l M how ■■> kind '■' A ' "**
"i ** rr i3 /j P sgainrt the law Born* action, of
£•**=. orafci U- taken, ....<. a bun can b*
**■**♦« or. ahnoA ... of iroand*.: *"« '
•*•«)* to !ut ,hat ... big men in Uw raring
•***Jaiion* wait until they *re cool and clear
•**<;••: t|,«y'!i s~> more plainly '^ futUlty ' °
"■■* ■. against the-e laws."
">* <J'-Urati<.n that th- Uwa *ill .ue. challenged
?? *•> gwu;:d that Senator Wallaces WW ™ s
~*«il do** not cause any alarm her" among the
*•* of tUe bin,.. i n t pit^ of all the talk that
*** mad. at th< , timP ho took his a*** about en
**«*« „ invent his fbeing seated, to i h»Ueag*
**. ktility bf hi* ... and timilar -„,...-.-
***». riotbin* of tiv wri •«« *»»•- T! '° * s '^"*
2^"*^ rim and he •"»* •*■*«* a.-.ordiußly.a .-.ordiußly. [Tft«
-**:«**. a,u Lvm «> ibey no not fh»k «
J^f <"r^ f , a^. couM b^ botti "P «« » n >' chal '
Jgt* of the :^ t allty of hU vote.
STERILIZED RACING
< •notlnu*',! frnm fir.! pugr.
out to-day composed partly of mere curiosity
peckers, there were many who expressed the
opinion that on Monday the stands will be more
or less deserted.
A LONELY BETTING RING.
The only change over the usual order of things
yesterday was the absence from th«» betting ring
of the bookmakers and their clerks, with the
usual paraphernalia .if ■beet and money bag
The ring was the gathering point between races
during tin* afternoon, and there, as said before,
some of the bookmakers exhibited prices and ac
cepted bets from friends or acquaintances whose
credit they could rely on Just as soon as a
man would exhibit prices on his programme a
crowd would gather about him to see the prices
quoted, if not to make a bet, as the old spirit
was strong to know the odds against a horse
which attracted the fancy of this one or that.
Some tried to make bets by offering money,
but, except in one or two ca.i»es. the bets were
promptly refused, as nobody seemed to care to
risk arrest, with a prison sentence staring him
in the face What few bets were accepted on
th* cr<»dit system were, not recorded, so far as
could be seen or learned, as in the present un
settled condition that is supposed to constitute a
violation of the law.
The attendance in the clubhouse was quite as
large a*; u*"ual. Among those present were Sen
ators <;ilchript and Burr, who wont down to see
how the n*»w law worked, as they said. The
betting there was limited quit«» as much a* in
any part of the inclosure. Some wagers were,
made between man and man, but the so-called
clubhouse, commissioners did not record their
bets in notebooks as of old, and the law was ob
served to the letter.
JOCKEY CLUB'S STAND.
P. J. Dwyer. president of the Brooklyn Jockey
Club, said he had given instructions to the Pink
erton men to lend whatever aid was necessary
to the plain clothes men and policemen sent to
the track by Commissioner Bingham in main
taining order and Feeing that the law was
obeyed. He explained that the Jockey Club had
not recognized betting: for several years, and
consequently did not feel called on to issue any
direct orders against bookmakinsr, and it was
not necessary.
John J. Cavanaugh. who ha* had charge of the
ring, and who was in charge yesterday, was be
sieged by those who wanted to know what con
ditions would prevail. He told the bookmakers
that th«»y knew the conditions a? we]] as he. did,
and that no bets coulr! be received or recorded
except at their own risk, and urged them, at the
same time, not to do anything in violation of the
new statute.
Following instructions from Police Commis
sioner Bingham, Inspector Flood was on hand
with twenty-seven detectives in plain clothes
and fifteen policemen in uniform. Deputy Com
missioner Hanson and Deputy Baker were also
in attendance, and they walked about from
paddock to ring to se« that the law was not
violated. Ab told before. Inspector Flood's men
found some little work, so that they did not
have their trouble for nothing.
Some criticism was made of the rather rough
way in which some pf the arrests were made,
but it could hardly have been otherwise, in
view of the crowd -which always surged around
when anything out of the ordinary seemed to be
going on.
The crowd in attendance was in no way pan
icky or troublesome, but highly interested
withal In every occurrence out of the ordinary,
and for that reason there, would be a general
rush for the back of the stand or out to the
gate on the slightest indication that an arrest
was being made.
DISTRICT ATTOnNET AT TRACK.
Assistant District Attorney Robert Elder, of
Kings County, -who ia acting District Attorney
in the absence of John F. Clarke, was at the
track for the purpose of studying the conditions
and seeing: how the new law operated. He said:
"I telegraphed for a certified copy of the bill
this morning, but it had not arrived up to the
time I left the office. It is quite necessary to
have it in order to formulate a complaint, but
It was not necessary for the purpose of gather
ing evidence Of any violation of the law. and
I am here for that purpose." Mr. Elder spent
part of the time in th« clubhouse, and. so far
as could be learned, he did not get any evi
dence of a material nature for prosecuting pur
poses.
Deputy Baker said that it was not his pur
pose to make any unnecessary arrests and that
Inspector Flood was on hand with enough men
to take any action that th> Sheriff might deem
necessary.
The action of cn-me of the bookmakers in dis
playing th* odds was said to be an effort to
establish the credit system of betting, but so far
as could b«= judged, and according to one of th*>
•Pel: known layers, it was a fiat failure, and
ther«> . fms to be littl* or no chance of it be
coming popular or acceptable to the rank and
file of racec" r .c There was pome uncertainty,
of course. yes»t«rday «= to Just how far they
could go under the law. and the bookmakers, n<-t
anxiou" to puffer arrest, observed the law so '■•■
as the' knew it.
A BOOKMAKER'S VIEW
„n o o f them, in talking ■•' th«= Pltuation. naid:
makina; or anything approaching It on
th» racetrack, appears to b<» <»«>•"«*»• It will
h« quite possible to accept a few N?ts on credit,
but UP in this tim- ni Bf*«»m* h*!= been deviled
or --an „* thought of by which the h*t? can be
leistered or records, and for that reason it
will i* fmpraif4bl* to do «nou«h business to make
•^ptliiß a wager ev-n reasonably safe. For
InetamK I m, nt «cc«|rt a wae-r of $200 on a
4 to i shot, or a number of m*v* *>" th< Bam
hnr -. and have nothinc to offset it."
a man who stand, hitrh in the council B of the
,ockev nub. but who did not care to he quoted
a, this time, .xpr^ss-d the opinion that the at
t.ndanc^ would fall off 60 p^r cent within th*
n , xt two w«to. If not mo«. and that the van :
111 raring a.cociation, would have to struggle
al on^ W th« time b.in until It could be deter
mined definitely just how much interest could be
taken in th. sport without the chance to bet.
H- e* P lain-d that It was almost essential to
the proper enjoyment of a race for a man to in
dividuals or locate -me hor.e by a small
Z lt - that his mind could be centred on
iust what that horse did during the running of
the rac. Without that additional interest he
«Un«J to thin* that racing might soon be con
*T^l largely to th- owners and breeders of
d lari !.i> h-r fiends. He said further that
SS no P ood reason for carrying the case
r*[hl courts on any ground that has been sue
;;^K beyond, of course, «,tabllshin K what con
ptitutep a violation. _
. (/ yT IT AWVVL, MABELr
Shibboleth of Manhattan* Gambling
Fraternity Yextcrdajf.
,^ nl rt conversation in town yesterday
Throne Jj*J^«^g ,. BW atlon. "A.n't It
denied to be th» -nt ghibbo , cth „f
by the remark, in public
n. the police were arr^ting: betting men
And t£ck m-nhittat. «aw |v flrii arr _. under
••' th, • tidch - l „ i,,,,.,r. D r«-Bon. who has ..
«»*» '"* '' , ■ x I ibertj >ti.-n. was hauled in
„ ,K al sior. -^t . . ... . . Hale and Lawlor. who mM
! ""-" X< * r t .^l „n lim La»«.- U, .h' f — l
S^ H« waa held by M.gi.uaU
NEW-YORK DAILY TRIBUNE. SATURDAY, JOTE 1". 1908.
Wahle. In the Centre street court. und«»r $1,000 ball
for General Sessions. —"*•;- < .;"..."',;,. ..'.
Police Commissioner Bingham was on the job
•^arly. and about the first thing he did was to se.nd
the following letter to Philip J. Dwyer, president
*t the Brooklyn Jockey Club:
As the Agnew-Hart anti-racetrack betting bill hat
become a law. I hops that the police will be aided
in enforcing this law by the officials of the Brook
lyn Jockey Club^
It will bf necessary for the Police Commissioner
to send policemen to th« racetrack this afternoon
and every day hereafter.
It was said that Commissioner Bingham. to make
sure this letter reached Mr. Dwyer. sent several
signed copies to the various places where it was
likely the president of the Brooklyn Jockey Club
might be found. I.ater the Commissioner said:
"I have not yet received a certified copy of the bill,
but 1 regard the facts as published in the public
prints as sufficient warrant for the enforcement by
me of the new law. I intend to enforce it. and
shall take all steps to that end. I have no feel-
Ing In the matter, but there will be no betting of
any sort."
While Hie Commissioner was carrying out his
announced procedure by means of his agents taw
jrera nil over New York were discussing the new
law. The general opinion, even among some
lawyers who are confessedly in favor of betting.
was that the law was constitutional and valid.
The only question raised was as to the legality
of the election of Wallace.
Colonel Henry W Backett, when asked as to
the new law. paid: "As far as I can Me, the law
is entirely constitutional I think that moat law
yers are of the same opinion, ftf coarse, I have
not gone into the matter of Wallace's election, but
I hold Cinverncr Hughes in gre%t respect as a
lawyer, and I believe- thnt he certainly would not
allow an unconstitutional election to halk his
plans. I think the law will hold, and that the
community will h<= all the better for it."
restrict Attorney Jerome expressed in a Snrce
ful way the opinion that the bill was constitu
tional and would undoubtedly he productive of
much good. While he personaliv had never consid
ered ra.-etrai k betting the evil that many persons
active in forcing the passage of the measures felt
it to be. h" could appreciate, he said, the senti
ment in the matter.
Asked what would berom» of th«> poolrooms, and
if they would continue to do business just the
pam". Mr. .'eronie sharply rejoined:
"No. sir. they will not. And if judges In this
city had sentenced such offenders to prison, in
stead of imposing fines, when their capes came.
before the courts. th» poolroom? would have
been wiped out long ago."
Mr. .Terome s^tid there had been some popular
misconception as to the attitude of the entires -with
regard to th<* Percy-Gray law, and that many per
sons had inferred that be-cause the Court of Ap
peals had nor held it unconstitutional it therefore
was in accordance with the provisions of the con
stitution.
"But the present law i<= an constitutional as any
thing can be." he added emphatically. "I think,
however, that many persons Have felt that the
fiovernor was lacking in a sense of proportion in
putting so much emphasis on the law just passed.
1 do not agree, with th« Governor in this matter.
' Nothing to my mind, however, cdii oe mnr»
serious, and in the end more destructive <>f the
government by law. than the growth of a tolerance
on the part of the people o' a disregard of the.
constitution. This side, of the anti-racing bill, in
my opinion, much transcends in importance th«
strictly moral evil of betting on the racetrack."
Speaking of the Governor's personal triumph, he
said: "The passage of the hills is a signal personal
triumph for Governor Hughes, for he has prac
tically mad« the fight alone, and by his own ■p*r
slstenc« and energy forced from a reluctant legis
lature the performance of a plain duty."
Though th» stock of the Brooklyn Rapid Transit
Company fell a point on the market because of
the, passage of the anti-gambling bills. President
Winter is not depressed. He said yesterday:
"The Importance of the racetrack business to the
Brooklyn Rapid Transit Company has beon much
overestimated. People are impressed by the sight
of crowded trains, without giving much considera
tion to the low rate of th« fare and the large cost
of providing special service for the movement.
It Is doubtful, taking one year with another, if
it has yielded any profit to this company."
TO SEND HORSES ABROAD.
llagz'ni lie fuses to Auction Off
Yearlings in This Country.
It was announced at Gravesend yesterday that
James B. Haggin. the most extensive breeder of
thoroughbred horses in this country, had decided
to ship his yearlings to England to be sold and
had cancelled , the sale scheduled next week at
Sheepshead Bay of 190 youngsters which had just
been shipped Kast from the farm in Kentucky.
One of his friends explained that Mr. Hnggin
did not believe the yearlings would bring one-quar
ter of their real value at auction in this country,
under the present unsettled conditions of racing,
as the buyers would not care to take a chance
of investing money in thoroughbreds with the out
look so dark for racing in this state. Mr. Hag
gin's yearlings are lir*"d by such well known sir*
as Watercress, Star Ruby, Watercolor, Goldfinch,
Africander^ Kinley Mark and McChesney, and the
probability is that the market for them in Enc
land will he strong enough to pay for sending
them over.
Andrew Miller and '"Tom" Welsh, ownera of th«
- astle Stable, announced yesterday th.it they
had decided not to sell their horses at public auc
tion to-day, as was announced a week or so ago.
Mr. Miller explained thai they could not hope to
jrpt even fail prices, and it would he to their ad
vantage to race the horses for The remainder of
the season and. earn what money was possible in
slakes and purses. The victory of Big Chief yes
terday must have encouraged them in their de
cision, as he ran well enough to indicate thai he
would prove a. good money winner before the sea
son was over.
TO EXTERMINATE RICHMOND DOGS
Sfaten Island Authorities Using Day and
Night Gangs to Catch Curs.
The Department of Health has decided to rid
Richmond Borough of aI! dogs, or as nearly so as
may be. Etghtv cases of dogs having rabies have
\\ci-r established within a short time in the bor
ough. This is held to be too great a percentage
for safety of human life, so every effort will b»
made to reduce the dog population to a minimum.
In the past the dog catching of the department
has been done by two wagons with six men, hut.
hecinning yesterday there will he. eighteen men
and six wagons They will work ejaht hour shifts,
and Bijt men and two wagons will be o n the street
at all hours.
Another case of a child being bitten by a do was
reported yesterday from Stapl<*ton. Irene Cougan,
six years old, daughter of Mr. and Mrs. John Cou
gan. was attacked and bitten on the arm by a stray
cur.' She was taken to the Pasteur Institute. Th«
dog was shot.
DOG KILLED IN SCHOOL YARD.
A dog that showed symptoms of rabies was killed
by the polire yesterday in the yard of Public
School B. on the East Side The body wa* sent
to the Health Department laboratory, in East liith
Ftreet The dog had not bitten any one as far M
known.
ALLEGED MAD DOG BITES FOUR OTHERS.
Oyster Bay. Long Island, June 12.— Another dog
supposed to be mad was shot a.nd killed in Cooper
avenue this afternoon, the second one within a.
w<?fk. The animal had bitten two dogs belonging
to George Duryea, one belonging to Mrs. Luk«
Birmingham, and a Groat Pane owned by Dr.
James Hall The Duryea and Birmingham doss
were killed at once. The head of the dog sup
posed to have been mad and the Great Dane will
be taken to the Pasteur Institute in New York
to-morrow morning.
POILLON SISTERS LOSE APPEALS.
The Appellate Division of the Supreme Court de
cided yesterday against Catherine and Charlotte
Polllon on their appeals from orders made in ape
cial term, following their conviction for violating
that section concerning defrauding a hotel. The
sinters served three months on the inland, being
[„'... .(■■■( on Wednesday. Following their conviction
it , gnecial sessions, the slaters each sued out writs
against Warden Flynn. of the Tombs-one of habeas
.^. mmi «m "i 4.1-oUiwuaa-
r. S. BOARD'S REPLY
To APPRAISE MET. USES.
Will Find Out if Receivers Can
Afford to Obey Orders.
The Public Service Commission, in reply to the
threat to disintegrate the New York City-M»tro
pohtan traction system and abolish transfers in
case the Public Service Commission should matst
on an adequate service on the lines of the system,
will find out whether the receivers are financially
ah].' to comply with its orders. The commission
decided yesterday on an appraisal of all the prop
erty of the street railway companies In Manhat
tan.
The action of the commission follows th» com
plaints of Adrian H. Joline and Douglas Robinson.
the receivers, that they could not provide what the
commission thinks is an adequate service without
defaulting on the rentals of many leaped lines of
the system, chairman WfUcox started for trtft
Chicago convention yesterday afternoon, but before
he went he let it be understood that the commis
sion would lose no time in making the appraisal of
the property in the control of the receivers. This
time the appraisal of the property will be given
over to a carefully selected body of experts under
the general direction of the chairman.
The immediate caus<> of the commissions action
is t!ie issue of orders to the receivers to provide a
jo pp r cent excess of seats over passengers on tn»
2."d street crosstown, I.exineton avenue. Eighth
avenue, sth street. Christopher street, 14th street
and Wllllamsburg Bridge and the $$Ul street cross
town lines. The first of the orders were comph-d
■with, but when the commission showed a disposi
tion to ro on touchinc up th° service on oth=r
lines the receivers objected.
I>n Wednesday list they applied to .Indge T.a
conibe. in the United States Cireuti Court, for
authority to discontinue the operation of the 2 s th
and C!>th street crosstown line, and to default on
the rental of the Ceniral Park. North and East
River line controlling the tracks in TiPth street and
the Belt Line on 'he West Side
Chairman WtUcox said: "The letters sen' by th«
receivers to the commission serm to Indicate that
the first object of the receivers is to pay rentals
of leased line" and other fixed charges This idea
Is a mistaken one. The obligation resting upon
those enjoying public franchises is primarily to
give an adequate service, and it is to be regretted
that the importance of serving the public is not.
considered at least equal with that of serving th»
holder.- . '
Mr. Willcbx pointed out that, the receivers had
made no objection to the definition of adequacy of
service as given in the orders adopted by the com
mission and that the only excuse offered was that
the fixed charges would not allow of the receivers
complying with the order?. As the commission ha*
the power to fix rates and to compel a system of
transfer exchange between two companies whos«»
lines form a continuous route, it must find out the
value of the property before attempting to fix the.
rates.
Mr. Willcox said the orders of the commission
for adequacy of service would be insisted upon.
"it is time." be said, "to have it thoroughly set
tled whether a mismanaged local public service cor
poration can escape me obligations placed upon
it by the law of the state when it throws itself
Into the hands of receivers appointed by any court.
If such action on the part of sucn corporation re
lieves it from the operation of the laws of the state
and thus constitutes an immunity bath so far as
the operation of the statutes is concerned the
sooner it Is known the better."
The commission's resolution drew forth a state
mem from the receivers, signed by (>ren Root, as
general manager. Far from betng "defiant" of the
state law or assuming that as appointees of n fed
eral court they arc "immune" from the operation
or" such laws, they say th« resolution •'commends
itself to the judgment of the reoei\ers." They say
they have no interest in the property other than its
operation for the benefit of the punli.: and the cred
itors While :>•■ ognizing 'he power of the Publtc
Service Commission 10 issue orders in regard to
operation of the roads, "with that power." they
take cave 10 add. "is involved the responsibility
for the results entailed." As to the inference that
might be gained from recent statements in the
newspapers that "the. receivers are keenly solicitous
to save exorbitant rentals for lessor companies."
they declare that nothing can be further from the
truth.
The total of fixed rharges on winch defaults have
so fur been m.id* on mortgagee and rentals of the
Metropolitan Street Railway Company, the Third
Avenue Railroad Company, 'he Central Crosstown
Railroad Company and the Fulton Street Railroad
Company ta V.lsU*. Should the federal court
also ;«' • favorably on th* application to discontinue
tne operation of the Central Park. North & East
River Railroad Companj and the Twenty-eighth
ft Twenty-ninth Streets C"rosstown Railroad Com
pany, this figure will be increased to H.SfIMOS.
METZ GETS INJUNCTION.
Board of Estimate Restrained from
Voting on Subway Contracts.
Believing !t to be his only chance of preventing
the Board of Estimate and Apportionment from
approving contract!! for 52.850.00fl for the Fourth
avenue subway, Controller Metz bad an injunction
served on the board yesterday, tying its hands
temporarily. This is said to V*> the first time, that
a member of the board ever had an Injunction
served on it.
The injunction, which •?:&* granted by Justice Er
langer. In the Supreme Court is returnable, in Part
1. Special Term, on June IK.
Nominally the ipplicant for the injunction was
Jefferson M. Levy, l"it the application was ba^ed
on affidavits made by Controller Metz and Frank
Smith, of th*- Finance Department Counsel In th-»
case I? Robert F. Wagner, who is a law partner of
Jeremiah Mahonev, an auditor In the Finance De
partment. Mr. "Warner introduced th» bill for a.
s.cent. cent fare to Coney Island in th« Assembly this
year.
The old council Chamber in th» City Hall was
crowded with thos* interested In the Fourth avenue
siil»way when the Board of Estimate, was called to
order. Controller Metz served the injunction on th«
Mayor. Wnen th«» latter announced that the bo^rd
had been restrained from taking action on the
Fourth avenue contracts President Color of Brook
lyn flared up at once.
"I want to know who i« counsel in this <v»«<», '
h»- asked, surmising the source of the action
"I thought as much," he cried when told that th"
counsel was Mr. Wagner. "That man is a. partner
of Mr. Mahoney. in th« Controller's office. "
•The Controller does not deny that h» ha? some
thing to do with this matter."' paid th« Controller,
with just a touch of triumph In bis voice,
"I wanted to get. you to acknowledge It." said
President Coler. "This is the first time in the his
tory of the city of New York"
"It's high time" It's high time!" shouted th«
Controller.
After the meeting Controller Met? mad* the fol
lowing forma! statement In explanation of the
course he bad takei
The injunction was granted on my affidavit that
the debt margin of the city was less than $1,400.
000 Under th* circumstances an approval of a
contract tor $2,850,000 would be lilejjal. regardless
of «ny other considerations as to whether the,
entile Contract would become a charge or ijot. and'
any bonds issued therefor would he \r>id and
illegal. ■.
President Coler started the typewriter* in his
ofrke at work and in a short time issued a state
ment to make it perfectly clear that the. injunction
came from Controller MetZ. He referred to the
fact that Controller Metz recently had an injunc
tion obtained to prevent him as Borough President
from letting contracts or relief sewers ii Brook
lyn. "The matter will be tried out In court and
the Controller will be beaten there." he add"d.
"and the Fourth avenue subway will go through
despite his opposition-"
Controller Meta pr»sente<i to n^ hoard yesterday
;<;i opinion "i Corporation Counsel Pendleton, In
v.lii'h the Utter said hr- whs not sure tbi
12,000,000 which the Public Bervice Commission
wanted authority i" s i" :id on contracts could i >o
amount t hat the.-, con
tracts wouM cost, so tar as consideration of the
debi 1 .nil! went In a report made by th« Con
troller ht said he theoghi it would be better to
wait for th*' passage, ol the constttutlonaJ amend
niont taking subway binds out of tii.- debt limit
going ahe«d with miy subway work.
Chairman Wlflcoa ••: the Publk Berrlca Commis
Blon »aid tliat body had done all it COUM to ha>ten
.(,/. roAstnictton of the subway. The krmaaU com
blnatlons, he said, would be pleased at the delay.
"The Way to
Get the Most for
Your Money"
Union Pacific
to
Tacoma, Seattle
and Puget Sound Points via
Portland, Ore.
It will be to your advan*.i~* *" ma**
inquiry in regard to rates, train service.
etc.. before purchasing tickets. Inquire of
R. TENBROECK, G. E. A.
287 New York
Men's Tan Shoes
Walking Pumps, plain, or with punched
vamps and wing tips, IpO.UU
Oxfords, in jrreat variety, including the new
nhort vamp, flat forepart la*t, $3.00 to $8.00
High Shoes, in Bluchers, Laced or
Buttoned. $3.50 tO $6.00
Alexander
SIXTH AVENUE AND NINETEENTH STREET
even If the public fo-md DO CSUM fOf rejoicing.
Mr. TVilcox was still optimistic as to rh* future
of the subway and satd th<- Controller** tatewst-
Ing feat of enjoining himself so as to delaj the
work wa» only another chapter In the fteht.
READY TO BEGIN STRINGING CABLES
Four Ropes Laid on Rivers Bottom To Be
Lifted to Towers Next Week.
The contractor* on the Manhattan Bridze begaa
preparations yesterday for making the foot creat
cables from which the superstructure will be part
ly suspended. Workmen laid on the bed of the
river, to be picked up next week, four 1%-tecß
wire ropes, of which sixteen in all will he m
across from tower to tower. These four ror*e« •> •
be raised Monday. Tuesday. Wednesday and
Thursday: and every Friday for three weeks more
four such ropes win he laid, to he raised each
successive Monday. Tuesday. Wednesday and
Thursday, until all are fixed between th- lowers.
Th-~ ropes will be used for making tear platforms
or paths between the two towers for the workmen
who will construct the wire cables. When the
cables are built the paths will be taken d
WANTS FIRST AYE. SUBWAY PLANNED.
A rfsolution requesting th" Public Benrici
mission to have plans for a subway in First ,iv.-
nne prepared was passed by the HoOM and Real
Estate Owners' Association !ast night at its
monthly meeting in the New York. Turn HaU. SSrh
street and I>»xington avenue.
TO PUSH HUDSON TUNNEL WORK.
In connection with the opening of the 2H street
Station of the Hudson & Manhattan Railroad Com
pany It was announced yesterday that tl i work
remaining to complete the system would be vigor
ously prosecuted, and that trains would be run
ning into the Church ytreet terminal, at Cortlandt
street, early next year.
A director of th» Hudson Companies said yester
day that that corporation had recently arranged
a loan on new « per cent notes. The loan Is re
ported in Wall Street to have been about ROOO.OOO.
The company, this director added, was now amp
GET ON BOARD
"&he Spit /ire"
It's a fine story for this sea
son of the year, and it's by
Edward Peple. author of that
exquisite and highly successful
comedy, "The Prince (hap"
You are introduced t«>
Valda. the daughter of the
irascible millionaire: to Polly.
her friend, to whom every man
0 a god; to placid Aunt Mary.
the Reliable Chaperon, all of
whom the old millionaire has
viiton board his yacht because
he wants a little peace. When Omiond COM OB board you feel in
stinctively that he is- but it wouldn't bef«l tn .tell you how you 11
feel: you know that. But you will defighl in k4 Tk« Spithre.
It will run a^s a^ SeriaJ through
the Summer
Don't miss the first issue
i PETERMANS ROACH FOOD
i.« n«w mart" »c »tr"nit If th» fa rwwini «l ■ •»•»■ »-*
applied wen in crevices *i on" nm» It will rid » a" 1 )*"
of r»ar-h»s tn nre ni?ht. To f»e«i th»m Is th* only
method to rid a house perman»nrlv
The merit of th» fend ha» r«-a<-h»<i. thr";izh let'WJH
" H t »h rrnm^al r r»iiTi t •■!*•** v h^r* * '!■ '^^X*'
■old and very *■*(■■ •■■■ " in .»»s-r^ m« th« tare* »pect«^
found in those parts.
r#>«erman> r»l*"»'»erT. thi'-U <iut<-k
«§ t, Oliver. mad» In «a=y firm to bninM.
nil! kill bedbuzs II»* «r» •*•» I*, tnd,
VJKTf is best to brush »h»n bed i* ap«'i \
SSsKI p'»vntarh-». «dor!es.». won't tan.
y^^SS^^V »f;iin or ruof.
IVf^rrmin'- IH«-«»Ter». liam.i. In
&^StC^\ handy --an. with «v>oiit. h»«' f.^rr.i f-»r
f^"PI~SH n-.art^s.oes or »al)v KrtT« b'le an-i
t\*ZJ>\ « if?.-ranTlv.
\A? rrtrrmxii » Ant F««mI. ' — «,:irk r—
lief from an:s
Injonrtloil hv Pupr»me Court pra ••-—.' ' -•' ■-■- - ' ' -*"
tion of Peterman « Rose Foo-i bon
AT A IX STORES.
\VM. PETERMAN, Mfg. Cnei,.ist,
M. 5«. .->» Vftx* l!th St.. New York Hit
supplied with funds for meeting all r*oiiir»m»nt»
for some time, to come. The company still has» in
its treasury part of the recent issue of J MtM 5
per cent notes.
NO OPPOSITION TO SHUTTLE TRAINS.
As no opposition was expressed to th" plan «f
the Interborough Rapid Transit Company to op
erate all its express trains through la Brooklyn
and to estabjish a shuttle train service between
Bowling Green and South Ferry. It hi probable that
the Public Service Commission win approve th»
change, which has already been recommended by
Blon J. Arnold, the commission's consultics: engi
neer, as a method of increasing the capacity of
the pubwar. Staten Islanders and others bound to
and from South F«rry were expected, to d!sapprtrr«
of the change.
'The Spitfire"
Voyages forth in I
Go-
Morrobv's
Tribune
3