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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, May 28, 1909, Image 3

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More Important than the Annual
Revenue of $500,000 the Bill
Might Have Produced.
(By Telegraph to The Tribune. i
Albany. May 27. — Because it would abolish the
f->eed limit, take away local control of motor
vehicles by municipalities, especially New York.
end establish Inadequate penalties for viola
tions. Governor Hughes to-day vetoed the Hamn
bill seeking to Impose a tax on motor cars ac
cording io horsepower and provide general
raotor vehicle regulation. The Governor found
the bill so faulty that, -while he was in sym
pathy with its general purpose, be felt obliged
to disapprove it.
"Th^ revenue provisions of the hill are im
portant." said the Governor. "But the subject
cf paramount consideration at this time is pro
tection to life and limb." He added, "It seems
to me better to wait and to secure an improved
bill than to enact a measure as defective as this
on* 1 appears to be.**
The Allds and Hamn bills, Identical save that
into the Senate bill was placed a revision trans
fer! -c the bureau of automobile registration
from the office of the Secretary ■•' State to the
State Highway Commission, wore Introduced
about two weeks before the close- of the legis
lative cession. Hasty action -was the order of
the day.
Important measures though they wore, they
•were rushed along with scarcely cursory inspec
tion, the fact that an estimated $50".00n annual
revenue wou'.d be raised sufficing to still most
objections. The Allds bill was passed by the
Senate, but friends of Secretary Koenig. who
resented the attempt to take the automobile
registration bureau from his office, united with
rura' legislators and New York City men in the
Assembly, and killed it. The Hamn bill was
resurrected, the Assembly machine passed the
word to "be good" and that measure passed.
though only after a sharp fight.
A hearing before the Governor brought out
the fact that this bill contained almost every
thing the big automobile associations, manu
facturers and motor car owners wanted — so
much, in fact, that they were anxious to pay
th? tax imposed on cars by the provisions of the
proposed law.
Vigorous opposition to the measure was
voiced by representatives of the National High
ways Protective Association. Ex-Judge Charles
S. Whitman told the Governor that in his opin
ion the abolition of the speed limit and the re
peal of penalties for violations would "increase
fivefold the injuries, damages and deaths In
New York in the next six months."
Particular stress was laid on the fact that
although for a third violation of the proposed
law an imprisonment penalty was mandatory,
bail cf only $100 could be demanded. Mr. whit
man and Others termed this an invitation to
motorists to break the law and dodge imprison
ment by jumping their bail.
Governor Hugh's, after careful consideration
of the measure, evidently took much the same
view. He issued the following memorandum
giving his reasons for vetoing the bill:
The study of this measure has convinced me that
it would be unwise to enact it Into law. It is true
that it provides for an increase of the state's
revenues, and. in view of the amounts we are ex
pending hi the improvement of our highways and
of tbe difficulties of maintenance under new uees,
the revenue provisions of the hill are important.
But the subject of paramount consideration at
this time Is protection of life and limb. We aro
pawing through a period of adjustment, when the
natural hostility of many to new highway condi
tions Is Increased by abus» of privilege, and others
are chafing under what they regard as vexatious
restraints and unjust exactions. Nothing can
be more certain than that the us" of motor vehicles
■will largely increase, that the number of accidents
wj]> diminish and thai usace a:*J common senst;
wi!l larpeiy do away with present evils.
During this transition period, *ver, there
be ■• ■utmost care in legislation so that
matters should not be made worse Instead of
letter. There are many p<iod provisions in this
bill, and it ha« been strongly urged that it should
have a trial. But it pe»mi? to me better to wait
and to secure an improved bill than to enact a
measure a. c defective as this one appears to be.
The present law provides Bpecijic Fpeed limita
tions of ten miles an hour where the ten tory is
closely built up: fifieen miles an hour elsewhere.
iv. a city or village, and twenty miles an hour
elsewhere outside of a city or village. In addi
tion, the present law also provides for a reason
able rat*- of fpeed in ail case<=_that Is, that no
one shall operate a motor vehicle on a public
highway "at a rate of speed greats 1 - than is rea
sanable and proper, having regard to the traffic
arid use of the highway, or so as to endanger ttie.
life or limb of any sea. or the safety of any
This bill abolisheF the specific speed limitations,
and. with certain changes in phraseology with
rejrard to the duty of care, proposes as the sole
requirement as to speed the following:
"Section 257. Speed permitted. — Every person op
erating a motor vehicle on the public highways
of this state shall drive the same in a careful and
j-rudent manner and at a rate of speed so as not
to endanger the property of another or the life
or lir° of any person: provided that a rate of
speed in excess of thir'y miles an hour shall be
presumptive evidence of reckless driving."
There is much force In the suggest i.-i that re
fjuirernc-nts of due care cannot be accurately re
flected in arbitrary speed limits But it must
also be remembered that in this field, as in others.
a large number of Injuries must inevitably be due
to rr.fr* accident where negligence cannot be sat
isfactorily- proved. It Is public policy in dealing
with these matters not simply to see that negli
gent persons held to account, but also by
reasonable regulation to diminish the risks of
preventable injury. This is sought to be accom
plished by p;-**-d restrictions. And it Is still an
cp*-n question whether at this stage in our prog
ress toward the wider use of these vehicles of
pleasure and convenience it is safe to rely simply
upon a requirement of care and prudence, with
all the difficulties that attend actual proof of
■want of care.
•• If certain, however, that whatever may be
f*'d as to th» wisdom of such a rule with regard
to tr>» open country or In sparsely settled towns,
we Fhnuld not deprive our large cities of the
right to make reasonable traffic regulations to
Insure the safety and convenience of the public.
About one-half of the population of this state
1* within the city of New York, and the Mayor
cf that city has sent me a vigorous protest against
the previsions of this bill. And whatever else
nity be said of it. It should not become a law if
it take* away from the authorities of New York
City that reasonable traffic control without wnich
condition" in the metropolis would be Intolerable.
The present motor vehicle law took effect on
May *. ]{if»4. It in true that it prohibited, with
certain ~xi tions. the making of local ordinances.
But the next year. 1905. the Legislature amended
the Greater New York Charter bo as to give the
Police Department the right to "regulate, direct,
control, restrict . nd direct the movement of all
teams, v,/,r<.«-^ carts, wagons, automobiles and all
other vehicles In street*, bridges, square*, parks
«cd public place* for the facilitation of traffic
•nd the convenience of the public, as well a* the
Proper protection of human life and health." ami
to that end authorized the Police Commissioner
la make "■nek rules sad regulations for the con
duct of vehicular traffic in the use of the public
•treets. is^uares and avenues as he may deem
n *ce»sar>." Any prior provisions of law incom
aJstent with this authority were repealed.
Th» present bill takes away from the local
authorities the power "to pass, enforce or maintain
*njr nance, rule or regulation . . . excluding
•By such owner or chauffeur from the free use of
men pubttc highways, or in any other way. respect
tlng motor vehicles or their speed. upon or use of
«* public highways." It expressly provides that
*°y ordinance, rule or regulation "now In force or
hereafter enacted" which is "in any wise lnconeist
*•*" With tb»> provisions of the act. shall have no
Oct. The only exceptions are the powers <1) to
regulate vehicles offered to the public for hire: <2)
"* regulate processions. a*semt»lar;t-s or parades in
Jg* street* or public places : <3i to s»;t aside a speci-
BM public highway for speed contests 01 races.
wo Ml to exclude motor vehicles from cemeteries.
■ *2 short. it would practically abolish municipal
wjMße regulations as to private motor cars. Any
««» acquainted with conditions In New York Chy
2?** how much of the public convenience and
**-*ty Is due, to the maintenance of proj>er traffic
f^ruiruions, and must recognize the impropriety of
II j»»un£ such regulations Impossible. In the interest
•»-">• *"■* passage of the motor cars.
it would also appear that under this bill there
Tf*** be no power vested In the local authorities
«* exclude motor trucks or motor vehicles used for
JJPJyjerclal purposes from the parks of the city.
TJy* are Included In the "public highways," a?
•*$■>*£ In the blil. It would deprive the local
Pan*! *of any power they now possess for thl^
TBe *c defects are grave enough to compel the
«»«Pprov«4 of this bill.
... •**. it m*> be added, with regard to the general
Reoponfi yesterday. Mrs. Rufspil Safe's pift of $25,000 made this possible.
application of the bill, that the abolition of specific
speed limitation?, and the substitution merely of
the rule of due care, should carry with it stringent
penal in cap* 1 of negligent driving. It would
seem that the penalties for actually proved negli
gence should be heavier than those Imposed for
merely excevdins an arbitrary speed limit.
The penalties s>rovid<»d for in this bill with re
spect to violations of speed requirements are logs
strincent than those of the present law. A com
parison shows the following results:
For a first offence: I'nder the present law. a
fine i. „■ exceeding $100; under the proposed law. a
fine n-'t exceeding $?".
For a second offence: I'nder the present l^w, a
fine not less than J>> nor more than J1" 11 , or im
prisonment not exceeding thirty days, or both;
under the proposed law. a fin.> not exceeding $:>o.
or Imprisonment for not exceeding thirl days, or
For a third or subsequent offence: I'nder the
present law. a fine :^f not less than $1™ nor more
than J-.vi. and imprisonment not exceeding thirty
days; under the proposed law, a tine of not ex
ceeding 150 and imprisonment not exceeding thirty
days ■
" It is true that the provisions of the propped law
for maintaining records and distributing informa
tion of i'ri< r convictions are very useful. But these
advaiiiaccp more than offset by the inadequacy
of other provisions.
The deterrent feature, which Is relied upon to
secure obedience to the .->.•■ r»-<iuiiement
of an actual Imprisonment upon conviction for a
third offence. And the importance o f maintaining
records of pri^r convictions :s to pave the way for
this punishment of the confirm* violator oi tlie
law But the present bill limits the amount of
bail which may be taken to $100. It provides that
v here the magistrate is wiTh<nu jurisdiction to try
the offence and the defendant "charged with vio
lation of any provision" of the act is lield to
answer, the magistrate must admit tlie defendant
to bail upon his giving a surety company bon<i.
or an undertaking, in the sum Of Jl^X or upon his
deposit of a like amount in cash. If records were
maintained so that Imprisonment were the Inevit
able consequence of conviction for a third or su'l
sequent offence, such bail in many cases might be
wholly inadequate. .
It is apparent thnt careful drivers of motor
cars, who have no desire to violate the law. are
now held within what they believe to be unjust
restrictions and are frequently made -he victims of
an abus- of leral process. Hut the remedy for an>
existing injustice must carry with it appropriate
safeguards, and the more thai is left to the judg
ment of the driver thf more important It is tnat
rerkles^neps s-hnuld b* heavily penalized.
The bill contains restrictions pon the use or
cars without the consent of th'-ir owners a fre
quent source of accident. Hut *uch a restriction
is also contained in a separate bill atneiujlns the
Penal Law. and will not be lost by the JIMPW^f
of this bill It would «I- K o seem advisable that
better means should b<> provided, with respect to
the issuing of licenses, for insuring the competencs
of chauffeurs. One of tlie imperfections of this
bill Is thai the useful provision tor the sußp->ns!un
of jienses does not apply to violation of the re
quirements as to .«a*o speed. '
His Veto of the Automobile Bill
Generally Upheld.
Varied views were expressed in thi* city yester
,;„;• U pon the vetoing by Governor Hughes of the
AJlds-Hamn automobile Mil. A largo proportion of
these wpr» enthusiastic indorsements of the Gov
ernor's position in th« matter. "The Governor has
■sain distinguished himself" was frequently henrd.
Officers of the National Highways Protective So
ciety, of which Henry <*lews is president, felt
much encouraged. Edward B. Cornell, secretary,
said that the untiling opposition to th" bill by
ex-Judge Charles B. Whitman, the society's peneral
counsel, had Soured largely in enabling: th« Gov
ernor to ft* at the heart of the opposition to the^
bill ... least possible time.
Ex-Judge Whitman said he hoped the encourage
new which the Governor's action would mean to
the society would result in a broad, general public
support of the organization which. h<? said, was
unselfishly engaged in its behalf.
•The society went to considerable expense to
gather data from Massachusetts and Connecticut."
he said, "to prove to the Governor that those in
terested in getting the bill passed had used argu
ments misleading in their nature respecting
conditions in other commonwealths than ours. The
report of the Highway Commission of Massachu
setts went so far as to say that experience had
proved it was dangerous to permit a speed limit
for automobiles exceeding eight miles an hour in
rounding cornens."
Xenophon P. Buddy, counsel for the Chauffeurs
Club of America, believed Governor Hughes de
served unusual credit for retotnc ■ measure
backed, he said, by many powerful Interest! and
urged by men who are the Governor's personal
friends Mr. Roddy also said that the bill to
punish "joy riding." ****4 by 'he Governor yes
terday, would be welcomed by all serious chauf
"The Hamn bill was not a good thing, even for
automohilistF." continued Mr. Buddy. "They may
not realize it now. OUt they can thank Governor
Hashes for savins them from incalculable annoy
ance in the future, because if It had be© me a law
the public would have forced In a year the en
actment of drastic legislation, and the present
maximum of ten miles an hour would have been
reduced. The bill was an aatomoMllst's law. It
was class legislation."
A different note was struck by Charles Thaddeus
Terry general counsel for the American Automo
bile Association. He was active in favor or the bill
,nd saM .-it his home last night that he considered
It to be the scientific logical outcome of the best
though* and experience in the country to-day on
automobile regulation.
"The opponents of the bill." he added, were per-
M who are novices on the subject They jumped
in without taking time to consider the matter from
a broad viewpoint. The persons who are active in
decrvlng present evils should remember that those
evils arose under present conditions. They waited
until the last moment to find fault, and gave us no
time' to correct any errors that may have crept In.
They did nothing constructively. I_am glad the
Governor signed the 'joy riding" law. which was a
provision in the Allds-Hamr. hill.
Governor Signs Bill Making Unau
thorized Use of Car Larceny.
Albany May 27.— Governor Hughes signed to-day
the' «o-called "Joy riding" automobile bill of Ben
ator Hill It provides that -any chauffeur or other
person who without the consent of the MM shall
take or cause to be taken from a garage, stable or
other building or place an automobile or motor ve
hicle and operate or drive or cause the same to be
operated or driven for his own profit.' use or pur-
steals the same and Is guilty of larceny and
shall be punishable accordingly."
The act takes effect September 1 next.
t ' Theodore C. Janeway told the police yester
* ,Z IrreTva. an outrage when they held ni*
Sr chi* Tully Garrett. of No. 335 West
ITstreel on the charge oX overling and turn
ir.sr t!:e corner recklessly at Amsterdam avenue and
lioth street. Tiie physician pave bond for the
chauffeur and said he would fight the case.
One Arrested Ttsice in Day — Victim
Praises Another for Halting Auto.
Edward J. L>a PU< c, of I atur street.
lir.mkyn. was arrested twl ■ I both times
charge of ■ ■ ' arrest wa
made in the Y,""-t l£2d street precinct
ond occurred In tbe Bn I '-a Place
was taken 9rsl to the Harlem court, where he was
held In 80b ball, and then to the Morrisania court,
where be had t.. put up i-"" bail
• ie Hotel M
■ Ing at
. an automobile driven
■ . ■
■ iffeur.
chine *•> . j i ; i . ■ k . - knocked
.■ • .
n<■ w Vors
Charles E. Thompson, chauffeur for Ellas Gus
aroff, of No. 600 West 140 th street, who ran down
Mrs. Henry T. Lockwood, of No. lf>'> Audubon ave
nue, on Wednesday night at 171 st street and
Audubon avenue, was arrested yesterday morning
and locked up in the West 152 d street station. Ac
cbrding t<> the police Thompson admitted ...
had tall the machine < ut without the permission
of his employer. They al!f™e that he also admitted
tnat he had been drinking.
When Thompson was taken to the station house
charges of assault and runnlr.j; an automobile with
out a license were preferred against him. When
arraigned later in the Harlem court Magistrate
Kroi-»1 held him In J2..V0 bail on the assault chartfo
and in Jl'O bail on the charge «f running a ma
chine without a license. The exaailnation was set
for Saturday.
I) Mill Mill OX THE STAND.
Says He If'fi.s Xot Exceeding Speed
Limit and Did Blow His ll<>m.

- ■
■ •
• ■ ■

On t he stand
■ H ■ t. and that h'
slowed dowi •
• h'-r! !.e 5 % tag H«
paid that after the accident he slowed down com
pletely, and then, fearing that he would be
mobbed. put on the second speed and got away. He
said that when he left his companion he told him
to say nothing of the occurrence, as he would as
sume the blame for the mishap.
It was expected that the prosecution would call
Brown the companion, os a witness, but Detective
Donbhue reported That at Brown's residence. No.
137 West l(X»th street, it was said that he had dis
appeared about a month ago. and had not been
•...,-■;, since. When asked what Brown paid when
the automobile truck the boy. Darragh replied:
••Thai bo; is killed and I've lost my hat."
Charles R. Keidltnger. an Insurance broker, of No.
401 West 118 th street, on the stand for the prosecu
tion, said that Darragh'S machine was travelling at
a speed of at leaal fort} miles an hour, and that
the speed was 'increased rather than <l<v:re.Ts(=-d after
it struck the ' Trimble boy. Other witnesses cor
roborated his; testimony. The trial will b? con
tinued to-day..*
Steering Gear Got Out of Order and Machine
Hit Telephone Pole.
Quogue, Long [flbuid, Ma] !7 (Special), a party
of officials, on its way to Inspect ■ bridge at Bag
Harbor, was hurt In an automobile smash-up near
here this morning. Th« steering geai became un
manageable an'] the caj rammed a telephone pole.
In the party were J. Irving Edwards, of Rlverhead,
owner of the "automobile; Supervisor l-.Vlu.ml Dally,
of Baby km; County Engineer Albert Smith, Spen
rer J. Stewart, of PoughkeepsJe, division '■■
of the State Highways Commission, and Fred J.
• who represented the Canton Bridge Com*
As Supervisor Daily was in a hurry, the auto
mobile was U> forget speed laws for
the time i.einK- it i* saii! f " have done so to such
advantage iimt when the stoartm gear treat >>n
strike things happened rapidly. Mr. Bryant was
• and broke hta collarbone. Mr. Stewart
had his right knee sprained and a rib broken.
I Steamer Almeriana Reaches St. John's -with
Bows Badly Damaged.
St. John's, N. K. May 27.— The Furncss liner Al
'. meriana. from Liverpool, entered port to-day with
i her bows badly damaged by collision with an ire
' berg. She reported great quantities of ice off the
' coast. The Almeriana struck the berg about mid
night on Tuesday.
Passengers on board of . the steamer Prospero,
■which was obliged to put back Into the harbor to
day because of the ice floes. said that they counted
over a hundred icebergs In 8 sail of forty miles.
The steamer Bratsberg. which has been loading
! Iron ore at Conception Bay, was hemmed in by ■
■pack of drift Ice to-day.
i The steamers Wasis and Sygna, loading Iron ore
: at Belle Island, in Conception Bay, are also lm
1 prisoned by Ice floes.
• The steamer Ellen, bound for Belle Island to take
1 on a cargo of ore, out into St. John's Harbor to
day and will remain until the Icepack is broken.
I Reports from the Northern coast state that great
' masses of ice continue to block the seaboard.
Laughs at Memory of a Joke on Her j
Husband. \
The Governors' Room in the City Hall, which has
been in the hands of the architects and remodellers j
for eight months, was reopened yesterday, and Mrs. !
Russell Sage, whose gift of J23.C00 made possible the (
restoration of the room, or suite of rooms, was pres
ent to inspect the work. Mrs. Sage carried her left
arm in a sling. About six months ago she fell and j
broke a bone in her left wrist, since which time j
she has been much disabled. She was cheerful yes- j
terday as she walked about the room leaning on .
the arm of Robert W. de Forest.
"Some of our friends used to say to Mr. Sage," i
said Mrs. Sage', wnen she greeted the reporters. j
•Why do you talk M freely to the newspaper men" |
Mr. Sage used to say, 'Well, it helps the boys along j
and does not hurt me any."
•'I remember away back many years ago," she
continued, "that several reporters called on Mr.
Sage one day when he was laid up with an attack
of shingles. The reporters never had heard of that
ailment. One of them wrote a story, saying that
Mr. Sage had the shingles, and that In a few days
he would have the whole house. I always thought
that was a real good joke on Mr. Sage."
The gathering in the afternoon at 4 o'clock was
entirely informal. There were about forty visitors,
among them being Mr. and Mrs. R. W. de Forest.
Mr. and Mrs. Walter Cook, Mrs. James Herman
Aldrich. Mrs. Kolfe. Loyall Farragut, Mrs. Edward
Hagaman Hall. Frederick D. Millet, Mrs. and Miss
Dix, Arnold W. Brunner and John B. Pine.
Mrs Sage expressed herself as agreeably sur
prised by the handsome adornment the room had
received. She Mid It was "very, very beautiful,"
and that she was glad ate had lived to see the Gov
ernors' Room restored to Its original state. She
hoped the city of New York would go on growing
In beauty always.
The Governors' Room, as row decorated, is not
'■ even now in its original condition, but it has been
brought as near to it as possible. On the walls
of the room hang the only plans made by John
McComb, Jr.. the architect of the City Hall, that
could be found. These designs furnished the archi
tects with enough ideas to get the spirit of Mc-
Comb'S work, and the parts of the room for -which
there were no designs have been constructed as
nearly as possible with the original architect's gen
era! scheme in mind.
The room as now completed is pronounced by
| some artists as perhaps the finest in a public build
ing in the country. Its tone is white and brown.
, the latter being contributed by the mahogany fur
niture! Washington's writing desk is there in the
usual place, while the walls are hung with por
traits of Washington, Alexander Hamilton. John
Hay. Morgan Lewis, Daniel D. Tompklns and other
Governors or patriots, all painted by John Trum
bull. a famous Colonial artist. All were in their
places In 1814, when the Governors' Room was first
opened, and have the same places now.
Two windows overlooking the balcony, which
ut-ed to be closed, have been opened, and add to
the fine appearance of the room. Venetian blinds
of very handsome design adorn all the windows,
while a well stained hardwood floor makes for addi
tional cleanness and beauty. It is in the details
of the celling, cornices, mantels and woodwork
that the greatest beauty of the room is brought out.
Spurious Coin Had More Silver than
Originals — Fine Plates Found.
William J. Flynn. head of the Secret Service
agents in this city, returned from New Haven late
last night, where he had lodged In jail six alleged
counterfeiters, three of whom were arrested In
this city. They were Joseph Feggelli, who was said
to have financed the scheme, and ho owns No. 115
Mulberry street, the farm at Wliton that was
raided on Wednesday and property In Brooklyn;
Csesar Mandra, an engraver from Italy; Michael
Amico, an «-x-counterfeiter. through whom the
plant was found: Rocco FlgUuolO, a printer; Philip
Florle, who owns the saloon at No. i**S Hester
street, and Antonio Coaco, who owns an interest \r\
the saloon at No. 121 Mulberry street Feggelli was
held in Jl<>.'""> bail, and the others In $"..'•*> bail
Mr Flynn and the seven Pecret Service men with
farm a plant for making J
tar a seventy-five ton
for makii g
• - ; risoners
.i id In the farmhouse ah
■ I and i!f' ■
assay. The engraved
-• : II B hUB
a men
- ■ rnard dog before
Ml Klynn last night that about
lunterfeiter, was
\, and he til placed under sur-
Jd and tIM ■ I Mr.
Bald that the coins already made contained
government money, ar.d that
•rerc of flue workmanship.
I* was learned by
■ its that $:'.'■»' had been invested in the pjaat
at Wilton, which li mx mile* from Norwalk.
Yale Clubs Meet To-morrow—
yard Men in Cincinnati.
Plttsburg, May 27. — Tale men from the cities west
of Pittsburg are arriving here to-night in large dele
gations to attend the fifth annual convention of the
Associated Western Vale Clubs, which will begin
at the Fort Pitt Hotel to-morrow. Friday will be
"Yale Day." and Saturday Is designated as "Taft
and Tale Day." owing to the fact that President
Taft will arrive here early Saturday morning for
a visit of two days
Asid.- from the convention, many elaborate events
have neon arranged. President Taft is already
scheduled to mnke at least four speeches in the two
days be Will be here Business s-sMons
smoker at the Plitaburs <^lub will occupy the con
vention to-morrow.
Cincinnati May 21. — The first delegatfs to the
g of the Associated Harvard Clufea in Cincin
mOlTOW an 1 Saturday arrived to-day. F'resi
■ -.v.ll aad ox-President KMot of Harvard will
arrive to-morrow. Sunday evening a party <of Cln
clnnarians, Ntm Yorkers and others will go to
Ithaca to witness the boat race between Cornell and
Harvard Monday nfternoon.
Youngster Were Making for Brooklyn Junk
Shop with $1,000 Worth of Silver Plate.
"If we had only beat It by the next block, dat
guy would never have gllmmed us. and we would
be on velvet at dls moment. I guess dis boyglar
graft is bad business."
Such, in the abstract, is the consensus of opinion
which rankled In the minds of three small boys—
Francisco Sylvester, twelve years old, of No. 6£5
Union street; Amelio Carle, ten years old. of No.
20 Garfield Place, and Kugene Valvar, twelve years
old. of No. 19 Gnrfleld Place, all of whom were ar
rested last night by Patrolman McGloin. of the
Bergen street station, in Brooklyn. The officer
had Feen the boys at President street and Third
avenue, as they were about to enter a junk shop.
carrying two weighty bags, and decided things
looked suspicious.
At the station house the. three small specimens of
humanity, whose total weight' would not add up
to more thai that of a good-sized man. admitted,
according to the police, that they had entered the
residence of James M. Brady. No. 264 Berkeley
Place, by way of the open basement door, and
helped themselves to all the silverware they could
see. Looking at the tiny culprits the lieutenant
could not believe their story true, so he ordered the
two bags opened. There was a gasp of astonish
ment when more than $1,000 worth of Tiffany sil
ver Plate- rolled on the floor Asked how they came
to select only the solid silverware, the boys de
clared they had bitten into it to see if t was »he
real-stuff The-- were all sent to the Children.- So
cTetv Captain Haves said he .believed the boys
were' responsible for many of the recent burglaries
in the 'district.
>^ The Champagne by >v
/> which others are judged.
Extra Dry
M&do of selected grapes of the
choicest vineyards.
Ns>t\irn.lly Dry and Pure
Made only of the choicest vintage win<*s.
\Of exceeding- dryness and purity.
Since 1900 — One-third of th* total
Champagne Importation*.
Will Look Into Direct Nominations \
and Proposed Charter.
[By T»l»rrarn to The Tribune 1
Albany, May 27.— Differences over the selection
of men for places on the various special investi
gating committees authorized by the Legislature
were reconciled some time after midnight la:-' night,
and this morning Lieutenant Governor White and
Speaker Wadsworth announced their appointments.
The lists ofTer points extremely interesting to any
body who followed legislative controversy over the
subjects to consider which these committees were
appointed, and some politicians around the Cap!^ol
hardly cap keep their faces straight when asked to
discuss the subject.
Hughes adherents declared that the direct nomi
nations committee, which contains only one man
who voted for the Governor's bill, is "packed." and
a report against any system of direct nominations
may be expected from this body by a vote of 7 to 1
In this connection a story heard when the resolu
tion for a commission to investigate direct primaries
was adopted was revived to-day. This report was
that State Chairmen Woodruff and Conners and
Charles F. Murphy, of Tammany, had an under
standing that any committee which was appoin'ed
to consider the subject of direct primaries should
render .in adverse report as nearly unanimous as
possible. It hi known that certain Democrats, be
lieving in the existence of such an agreement, re
fused to permit themselves to be suggested as can
didates for this committee or to accept appoint
ment on It, because they declined to have theb re
port handed to them before any work was begun
by the committee.
The committees, as named, are:
Direct Nominations: Senators Meade. of Roches
ter; Davenport, of Clinton; McCarren. of Brooklyn:
Assemblymen Philips, of Allegany; Cork;. of
New York: Mewan" of Tloga; Hoey, of New York.
and Feley, of New York.
Public Service Commission: Senators Davis, of
Buffalo: Kissel, of Brooklyn; Frawley, of New
York. Assemblymen Merritt. of St. Lawrence; Yale.
of Putnam: Ward, of New York: Walters, of
Onondaca. and •"'auehlan, r>{ New York.
New York Charter: Senators Bionga. of n»t
York: Gledhill. of Brooklyn; Grady. of New York:
Assemblymen Hammond, of Onondaca; Murphy.
Of Kir.cs: Robinson, of New York. A. E Smith, of
New York, and Geoghegan of Kings
Employers" Liability: Senators Wair.wrisht. of
Rye; Platt. of Painted Post; Bayne. of New Brigh
ton: Assemblymen Lowe, of Jefferson Voss. of
Kings: Thorn, of Erie; C. W. Phillips, of Monroe,
and Jackson, of Erie.
It will be noted that the Public Service Commit
tee ha* among its members Assemblyman Yale,
whose committee two years in succession refused
*c report the telephone and telegraph bill.
The committee to consider the draft for a charter
for New York City submitted to the Legislature
stand! judging from the attitude of the members
whi'D thai subject was pefore the Legislature, about
<> to 2 against that document. Senator Hinman,
chairman of the Stnate Cities Committee, was not
named on this or en tne Direct Nominations Com
mittee, though Assemblyman Hammond, chairman
of the Cities Committee, was placed on the Charter
Committee] Senator Humes hi in poor health, but
be had told Senator Raines thst if he w»re called on
he would do the work required of him on any com
Governor Hughes to-night signed the bill author
izing a commission to consider the -•ion of em
ployers" liability and the conditions of the unem
ployed, members or which were named by the legis
lative lenders. Within twenty days the Governor
under the law must name six citizen nr'rnbers. He
is not ready yet to announce his selections.
I- is entirely unlikely, judging from the disposition
of the leaders and the precedents sot by former
legislative committees, that these bodies will get
down to anything like »<-rious work before Septem
There has been considerable pressure by repre
sentatives of civic todies in New York City to have
the Charter Committee take up its duties Immedi
ately, so if it were deemed advisable the Governor
might be urg?d to call an extraordinary session of
the Legislature to enact a new charter for New York
City before the next election. Such action seems
very unlikely. The legislators are not anxious to
do anything likely to bring about or give excuse
for an extraordinary session.
Ju?t how the Direct Nominations Committee will
go about its work has not been decided yet. Be
fore the Legislature adjourned there was much
talk of a "junket" to other states to "take testi
mony." ■
Senator Raines, who ardently desires ill available
material, just as he hopes the bu'.k of that material
will be anti-direct primary data, seems rather to
have set his face against that method. It la prob
able that much of the work done will be in the
examination of official documents, tabulation
election and primary figures from direct nomina
tions states and the like.
It will be recalled that Senator Davenport, the
only Hughes man on the committee when the reso
lution creating it was under discussion, declared
that the State Library here contained all possible
Information available to any legislator* without the
cost of one cent to the state. The committee* ap
propriation is $15,000.
The Committee on Public Institutions b.^.tn an
inquiry to-day into the claims for compensation of
special attorneys and others appointed in the ad
ministration of ex-Attorney General William S.
Jackson. Attorney General OMalley was one of
the first witnesses called.
In addition to the claim of Asa Bird Gardiner for
SIMM in connection with the Thaw case, the com
mittee considered a claim presented by Clarence J.
Shearn for J!s.iv»> for services and il».**> for ex
penses in connection with the Hearst contest for
the mayoralty of New York. William A. Da Ford,
of New York, contended before the committee that
the state was legally and morally liable for the
"Some of these claims." said Assemblyman M.-r
rltt to-day, "are high and others are reasonable.
Some will be paid and some will be cut. We are
acting as a board of audit' The committee ad
journed to meet again in A'bany next Thursday.
Governor Hughes signed a bill of Senator Hill
providing that no conviction can be had for com
pulsory marriage upon the testimony of the
woman so compelled, unsupported by other evi
Other bills signed by the Governor were:
Mr. Robinson, including partnerships and cor
porations in the operation of the detectives license
law where they have been organized to conduct
detective bureaus. The State Controller is per
mitted to pass upon the character and integrity
of those arriving for licenses, and the fee Is nxed
at $I*> for an Individual for a five-year license, and
at S'so for a partnership or a corporation. An
individual de'tecu™ is to file ■• .bond l of R£*>. and
oartnership or a corporation a bond of J3.i«>.
Mr MacGregor. permitting national guard or
ganizations to take real and personal property by
rfevise or beaues*..
fl Mr Francis making II a misdemeanor to con
duct an auction sale in New York City without a
license. _-" ;;
("nptain Van Hopman and nine officers of the G»r
man b.ittUsh'p Bremen, nor- in these waters, were
the guests of the Entertainment Club, of this city,
yesterday, al an outing, luncheon and dancr at
Lons BeaCb. Mrs. Ro^woll Hitchcock is president
of the ciub. which devotes Itself to the reception of
national and foreign dignitaries. It has numbered
among Its gsweta the Russian Ambassador and
r:ajiy persona of now
Hats for Men
Summer hats in a vari
ety of smart shapes in
weaves which are exclusive
with this establishment.
The "Dobbs Sennet , a
striking coarse braid straw,
$3; fine Sennets, $4; A. J.
White English Sennets, s4;
Fine Split Straw, $5, and
Panamas of characteristic
Knapp-Felt Shop quality,
$12 and more. Comfortable
and shapely soft straw hats
in various textures.
Light weight Knapp-Felt
Derbies and Soft hats,
$6, $4.
A comprehensive assortment of
Summer Apparel for Automobilists
— owners chauffeurs — made by
the Scandinavian Fur *Sc Leather Co.
Dust coats of exclusive design in silk
pongee, mohair and linen: Auto hats
and caps in a wide variety of shapes
and materials.
Dobbs & Co
between 27th and 2Sth Streets
Parquet ••* Hardwood Floors
1.-.i *.E>T »J»TH . .V T.
Widow Gets 810/100 Yearly and
Suit Is Discontinued.
The suit, brought by Mfa. Mary Phelan, widcrw
of James A. Phelan. at one time Dock Commis
sioner, to set aside her husband's will, was settled
yesterday after argument had been heard by Jus
tice Gi'dersleeve in the Supreme Court. Mr. Phelaa,
left an estate valued at about $I.3T\»>A which be
fore his death he had conveyed to a corporation
known as James A Phe! I Incorporated. Tha
court subsequently set aside this conveyance.
Mr Phelan left his widow in lieu of dower J1.5T0
a year, the u»e of his house at Allenhurst and her
living expenses for life. To his four sons he U>ft
one-eighth each of his residuary estate absolutely.
and to his daughters the income of one-eighth eacix
for life, with remainder to their issue. Mrs. Phe
lan contested the bequest and devise made to her.
on the ground that it was insufficient.
All the benerlciaries undrr the will appeared fce
fore Justice Giidersleeve. when it wa3 announced
that a settlement had teen reached and that terms
proposed by Mrs. Phelan h3d been „ accepted is
order to avoid costly litigation. Under the terms
of the agreement Mrs. Phe'.an U to have CMM a
year for life, and gives up ar.y right to the house
and the allowance for living expense?.
Each of Mr. Phelans daughters is to receive
ja&OOO a year for life, with remainder to her chil
dren. Each of the four sons will receive JI5.«)O
In cash. An allowance or C 5.000 was rr.-ide to Ira
Leo Bamberger. counsel for Mrs. Ph«lan.
Justice Gi'dersleeve signed the order of discoa
tinua: on this !v»sis of settlement. •
Railroads Will Not Pay for Them After
Teamsters Have Given Receipts.
The New York Mercantile Exchange, which !s
male up of the individual m-mbers of the prin
cipal butter and eg? concerns in the city. Is la
trouble with the Trunk Line Association, composei
of the New York Central, the Pennsylvania, thi
Baltimore & Ohio and other railroads east of tMe
Mississippi River.
Henry Dunkak. president of the Mercantile Ex
change, said yesterday that he had just received
notica from C. C. McCain, chairman cf the Trunk
Line Association, that hereafter no claims would
be allowed on damaged gco«i3 after they had bees
received and signed for" by teamsters. This, he
said, was on the supposition that if the goods had
beTn" sijrr.'Ml for at the freight yards any damage
found upon arrival at their destination must have
been sustained through the carelessness of truck
men on the way from the freight yards to th«
ware!' of the consignee.
"This is supposed to have arisen from the large
number of claims for damage which the railroads
have been obliged to settle." said Mr. Dunkak:
but we do not feel that the proclamation Is just-
In effect, the Tr;:nk Line Association says that th»
claim allowed will not include the commission. For
example, if they lose a carload of eggs, the damage
allowed will be the market value of the egg*.
minus our commission. That we do not feel a Just.
Of course, we would not earn the commission In
such .i case, but nevertheless the railroad would
have deprived us of toe opportunity of earnlns it.
We are not certain as to our rieists Jrt this mat
ter F o we have referred it to our*counsel."
ißottl£» at me Smites. Bua* ftsr. BSSB»«b3

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