New-York tribune. [volume], February 05, 1910, Page 3, Image 3

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MEAT SECRETS OUT
SOME BIG DEALS MADE
Sid -her gcr- Joseph Case Gives
Light on "Independents."
Some interest OK details regarding the re
lationship between the meat packers who
lire suppo*ed to be independent of th« B©
-a!W "meat trust" and the alleged me.m
km of the latter organization are brought
out" in an appeal decided yesterday by ths
Appellate Division of the Supreme Court, in
which th litigants were Ferdinand Sulz
be-ger of the Schwarzschlld & Sulzberger
Company. **<* Frederick Joseph. Sute
beiver's appeal from a judgment for $lo«.-
U4 obtained against him by Joseph was
Fustalned by the Appellate Division, which
ordered I new trial.
. Joseph entered the firm of Sehwarzschlld
t Sal, .. in XBTS. when it was a part
nership, and later married the daughter of
the original partner. Schwarzschlld. who :s
now dead. The plaintiff and Samuel We;!
became partners in the company in ÜBS.
Weil is a brother ln-law of Sulzberger. the
defendant in the rase. Schwarzschild &
Sulzberger were -orated in HK. with a
capital of j-/,v..000. . :
According to the complaint of Joseph, he
end Samuel Weil. Sulzberger and Cyrus S.
Hapgood were directors of the - ™ r7 «
prhild & Sulzberger Company m USB. ana
they entered into an oral agreement and
formed a 'Tool" to buy mere of the stock
of the company, to be distributed to all the
members of the agreement in proportion to
the shares held by them in the company
before the agreement went into effect.
There was a proviso in the agreement
-sUing for etch • r.e in the scheme to con-
Mtate his proportion of the sums advanced
ti buying the stock on demand of the one
-vying. It is alleged that in January. 1893.
....._... bought over seven hundred
shares of Srhwarzschild & Sulzberger stock
= • an average price of JJ2 a share. The
Plaintiff claims that he offered the defend
ant the money due for the purchase of the
Ftc.rk. but without result, as Sulzberger re
pudiated the agreement.
At the trial in the court below Joseph
won his case and received judgment for
&SV&4. and an allowance of $2,000. which
was' reversed yesterday in the higher court.
Justice Scott, in his opinion. -. which the
entire court concurred, said:
Although there may not be sry definite
promise on the part of the principal to
reimburse his agent, the law will imply
and enforce one. This is no such case
Fulzbereer did not act as plaintiffs agent
nor at plaintiff's request. Th» proposition
to buy the New England stock originated
with "Sulzberger himself, and. so far as
appears, plaintiff neither advocated nwop
posed it. Kis position was that of silent
escence. and it may well *£»«»t
when the agreement was made, m ***<
plaintiff considered that it was favorable to
himself because it imposed no obligation
Thread" an implied promise on plaintiff's
part into the agreement as proved wou <<1
U not mereiv to supply a term evidently
omitted by inadvertence, but to make a
contract for the parties. We are there
o-e forced To the conclusion that the.
pUintiJ? failed to prove the contract al
lured in his complaint.
- •--.-. pha^e of the case that is of more
interest than that shown in th" decision
r.f the Appellate Division is the disclosure
cf the stock transactions bet-ween Sulz
brger and certain Western interests. Su!z
b*rcer -went to Chicago in 1502, where he
foM some of his holdings to J. Ogden
Amour. Oustavus T- Swift and Edward
Morris. He receive srood prices "for his
prnrk. in fact, he received more than Jo
«">ph and Wei! were receiving for theirs,
and it is s=aid that fact had something to
do with th« subsequent litigation. Then, in
!?*T7, Joseph, who had become the head of
♦jr? New York tellers* Dressed Meat
<^mpariy. sold 4.& M shares of his holdings
in the Schwarzschild & Sulzberger company
t<% Edward Tilden. of the National Pack
ing Company- another Swift enterprise.
■»-.«.- Joseph was on the stand. Pan] D.
'"ravath. counsel for Sulzberger. asked him
fhether Swift had any connection with
th« tSm* York Butchers" Dressed Meat
Company, to which he replied In the nega-
Tive. although he explained that the Chi
cago packer had relations -with Joseph's
rrmpany.
MEAT FAST ENDING.
Prices Soar at Buyers Take
Available Supply.
The meat dealers thought that they paw
the end of the popular meat fast yester
day. The demand for meats came with a
rush as the market came to a close for
tie »wk. All meat products stiffened in
pric^. and late buyers of pork had to con
tent themselves -with three-fifths of the
amounts they had ordered. The supply of
beef, sheep and lamb was also closed out.
practically to the last carcass.
This means, the .wholesale men say. that
the people have started to buy at their
normal rate again This demand is ex
x*-r--c$ T n keep uv- Retail butchers said
tr,M business had picked jp wonderfully
and that they expected a tremendous trade
T..-d*y Tnat the supply the whoie
t-zlerp was exhausted, they said, proved
it was true that shipments to this city had
ix^n heavily curtailed.
Be<=f closed at about c*" 1 — : a hundred
pounds, srholesale. higher than It was
quoted earlier in the w~ek. Loins of pork,
which opened at UH cents a pound, closed
ai 1o"t cents-; sheep rose V& cerrs. Butter
and eggs were <;\ioted at Thursday's
prices.
In bebali cf The Sew York Poultry and
Game Trade Association. N. C. Durham,
H. T. Pond and Joseph C Smith issued a
statement defending the use of cold stor
age. Tfiey bay. in part:
During Aj.ril and May the production of
ecg>. ttxot^os the demand co that but for
.r.,u siora^r we snouW have a scarcity
.i- the fall and winter montns. In May
tegs sell at o to b cents a dozen; from No
vember to February they are scarce, and
but i<'T cold storage we thir.k the price
roijrht rear-r. close to 12 a doz*n.
Kb tor poulTy. such aniclet as broilers,
which are- produced vnl\ m me and July,
would be out ot the question during the
other ten months but for cold storage.
Turkeys ar- nr ih*:r best in winter, and
in summer very pour. irt<-.red, tney can be
fum:£tied in excellent condition the year
around. If the storage ot poultry in its
natural state is prohibited it will encour
age the use of canned foods. Poultry, in
our opinion, ii- much nwr« wholesome
when frozen than when canned.
Representatives of the Eastern railroads
issued the following statement on behalf of
Lhe railroads; yesterday:
\i a time when active efforts are being
made to fix the responsibility for higher
rTices it should b* iiiad*- plain that the
railroads have not in any way b<eu respon-
Ettde.for tiie :r.crea>e in th^ cost of living.
Trey have r>etn the victims of hich prices
without benefiting 'ion-, them at all.
This statement is not on* of • ion— it
is one of 'act. supp^rt^d by the official
figures of the Unitf-d Ftates government.
If bc-ef. or pork, or flour o.r any other
commodity costs more now man it cost
ten ■ -■-.. not c\«n tii" fraction of a
cent of" tht mati^ c«ii r>e charged to
transportation.
While rate? have declmed the price of
everything that a railroad buys nas ad
vanced, kd that the nei earnings are cut
imo from r>oth «>nd=. Periodical advances
:n wages have brought about a larger in
•-rease in tr.e cost*. of labor. The tota.l cost
Of f'»ei for the (..luntry t railroads was 2.08
p»r c<;r.T greater iv 1907 than in 1837. though
irejght traff; r increased only US per cent
ar.d nassei per trafric onK- 126 j>er cent.
Railroads are heavy pu: chasers cf every
thing on the market, from tte*>l to butt*>r.
Tribune Help Ads.
Brought Results
No. &05 West Broadw y. New York.
G«ntlemen: We are pleased to ad
vise you that the email ad. in your
paper 'with reference to a salesman
brought us six applications, of which
•w* believe tv.o will be employed by
us. Yours truly.
THE ATLAS VARNISH & CHEM
ICAL CO.
FIREMEN FIGHTING BIG ELAZE IX I*. S. A. DEPOT IX VESTRY STREET
and no corporation or individual la more
affected by a rise in price than a railroad
company.
EGGS BY MILLION.
That's the Unit in the Jersey
Storage Plants.
Twenty million eggs, a million pounds of
beef and five million pounds of poultry are
in the coM storage plants In Jersey C *■
At least that ip the best estimate that
could be obtained last night after the Hud
son County Grand Jury completed its pre
liminary investigation. Representatives of
four of the big: plants were examined.
Moreover, there are tons of, mutton, lamb,
heart?, livers, tripe, heads, butter and but
terine.
The jury had a protracted session. It
will meet again on Wednesday to resume
the inquiry and confront the witnesses of
yesterday with leading retail dealers, a?
the representatives of The storage plant cast
the blame for the high prices on the re
tailers, and the grand jury has decided to
get them together, let them have it out
and ascertain the extent of the responsi
bility of each for the advance in the cost
to the consumer.
Frank A. Horn, assistant secretary of the
Merchants" Refirigeratin^r Company, testi
fied, it if said, that on Thursday night his
company had in storage ten million eggs
and five million pounds of poultry.
A PACKIXG LOAX.
Chicago Inquiry Into Alleged
$15,000,000 Deal Here.
Chicago. Feb. 4. — The purchase of a pack
ing plant in New York by Chicago interests
said to have been affiliated with the Na
tional Packing Company, and the negotia
tions between Chicago packers and a New
York banking firm which resulted in a loan
of -;,.-,,-.,-,,-] for the organization of the
National Packing Company, will be investi
gated by the federal grand jury, according
to a report current about the Federal Build
ing to-day.
How the Chicago packers pot control
the last fix months of what was orig
inally intended to be an independent packing
rorapar. 1 . w;' 1 r>e made a subject of Inquiry
by the grar-i fury, it is said T^is investi
gation is scheduled to begin within •
and witnesses wil be calied from th<= East.
A number of witnesses will be subpoenaed
from the offices of Kuhn. Loeb & Co. of
New Fork, according to th» r°r irirT They
trill be asked about the $15,000,000 loan.
William E Weber, general auditor of the
National Packing Company, and George P
Gillespfe, of Springfield, ll'.. w«>re tl
ri r-«:s«s before the grand jury to-day. Mr.
Weber a bundle of books and papers
into the jury room The g--and ;•:■
lourned ur*i! Monda? after to-day's hear-
Kuhn. L^b & Co. declined to make any
statement yesterday regarding the reported
connection of the firm with the National
Packing Company. It i. understood that
none of the firm's representatives has yet
been subpoenaed in connection with the
proposed investigation.
Mayer Meyers, a director of the Xew York
Butchers' Dressed Meat Company, said to
day:
"I have heard that we will hp investi
gated at the Chicago hearing, but I cannot
say which officers of the company will
testify. Frederick Joseph is president of
the concern, but I hsve not heard that he
has been subpsenaed."
The New York compan> was sued under
the Sherman act last year by a number of
minority stockholders. It was contended
that Frederick Joseph, Moses Joseph, Leo
Joseph, the National Packing Company.
Swift & Co.. Morris & Co. and Armour &
Co had conspired to obtain a controlling
interest in the stock, and thereafter had
prevented the company rrom competing
with the other meat interest.- represented,
thus causing a depreciation of the capital
stock. The minority stockholders, who
brought the suit, demanded a threefold
remuneration of $LJBMJUB The case was
later settled out of court.
It was learned yesterday that Kuhn. Loen
& Co. did actually make a loan of the sum
of H&O0O.O00 in connection with the amal
gamation of the large meat packing bouses
and that the firm is prepared for an in
vestigation of the transaction.
INCREASE IN FOOD PRICES.
Upward Trend Shown by Government
Statistics.
Washington, Feb. 4.-That there was ■
general increase in prices, both wholesale
and retail, of article? of food between the
years IS3S and 150S is indicated by a report
tent to the Senate to-day by the Depart
meat of Commerce and Labor, in response
to ■ resolution introduced by Senator Craw
ford, of Booth Dakota, calling for the
trend of prices.
For poses of comparison the prices
of L 899 are used as normal, and the per
centage, of Increases ■• er* about as foi
loys:
Pread, wholesale, 25!, retail. , 4.9. But.
te.r. wholesale. Elgin. 2&.£; creamery, extra.
27.6; dairy, 24.6; retail. 30.6. no quality in
dicated. Cheese, wholesale, 26-3; retail, 20.3.
Coffee, wholesale, 3.9; retail. B Eggs, new
laid ■.hull— 39-S; retail, 36.2. Wheat
flour wholesale, spring. 43 1>; winter .'. •
retail *M 4; no Quality indicated- Lara
v hole'sale £>-3: retail, 35.2. Beef, whole-
Lie frVhh. U*\ salt- «U: retail, fresh. 14.9;
Kali' 10 6 Dressed mutton, wholesale, 21.1,
retail '% S- Bacon, wholesale. 545: retail.
5^ Ham wholesale. 2LS; retail. 3LB. Milk,
wholesale, 30; rets 15.1. Potatoes, whole
sale 70 6; ' retail, 16-5.
The report shows thai price of sugar,
tea spices and soda crackers have bees;
slightly reduced.
NTEW-YOttK DAILY TRIBUNE, SATURDAYS FEBRUARY 5, 1910.
-' • .. . ■ ■ -■ - ....<■ . . - - ■ - ' - ■ - -^—^— — — — —^— »«—^—^— — _^__^^__^___^^__^ -^
ARMY STORES BURN
hid DOV'XTOirS FIRE.
Chemicals Worth #400.000 De
si rayed — E m ployes Saved.
The United States army hospital ser
vice lost more than %¥*,<** worth of pud
plies in a fire which wiped out the medical
supply depot at Nos. 2«0 and 362 West.
street yesterday afternoon. The destruc
tion of the seven story building, whence
the Department of the East and the
Panama Canal Zone receive their supply,
was one of the most picturesque of recent
fires. Major Edwin P. Wolfe and thirty
five Civil Service employe? wore rescued
from the building
The fire, which started by spontaneous
combustion of chemical? on the second
flocr. swept -; and down the passenger
elevator and mushroomed on the upper
and lower floors with lightning rapidity.
Major Wolfe and s^ven employes were,
held prisoners on the third and fourth
floors until extension ladders were brought
to their rescue by the firemen, while John
McKeon. the engineer of the building, was
caught in the stifling fumes from chemi
cals which filled the cellar He was
dragged to the street through a hatchway.
The other men were carried down a freight
elevator.
A slight explosion and a puff of smoke
at 12:40 o'clock were followed in iesti than
minutes by a blaze whi<-b made the
building, which stands at the southeast
corner of West and Vestry streets, a rag
ing furnace, with clouds of smok* pour
ing from the roof and windows. The ex
plosion of chemicals In the depth? of the,
inferno add-d to the spectacle, which
thrilled thousands of persons in West
On the third floor of th«* building men
w«rs rushing preparations to make a $10.
000 hospital shipment to the Panama '""anal,
where the supplies ar» badly needed. These
rr.en found themselves enveloped in smoke
before they realized that there was a fire
in the plac*. They caught the elevator on
its last trip to the ground floor. Donald
B. Inman. one of their number, reached
the shaft a moment too late for the ele
vator, and, with the flames close to his
heels, slid down the <=te* : . cable.
A? the smoke and chemical vapors choked
up the fourth Boor, where Major Wolfe
and hi? office staff were quartered. F. W.
Toulon arid John Thompson, clerks, who
have been in the government employ for
. -c rer< ut off from escape
They \\fro led to a window \*<ige by Major
■Wolfe, who ordered them down a fire lad
der, and then was the last man to leave
the building.
While the rollcal > f the rescued gov
ernment employes was being called by
Major Wolfe, the firemen carried Mr?
Cass, an aged invalid, from the
ling at No 23 West street Other
rescues followed in quick succession, but
vone of the adjoining houses caught fire.
and although all were emptied of their
tenants, their safety was Insured by The
hisrh pressure water system.
As the flames rroke through the elevator
shaft on the fifth floor, a lot of miscel
laneous hospital goods caught fire. Then
the sixth and seventh floors added heaps
■ Iding. drugs, hospital tents and ban
<!asres to reed the roaring column of fire.
finally broke out ot all sides of the
roof
With the firs' two alarms, Chief broker
and Fire Commissioner Waldo arrived a:
the fire. The high pressure service regis
175 pound? pressure, and 12,410 gai
lons of water were being poured on to the
flames every minute of the three hours
that the lire was at its worst A third
Hlarm brought reserve apparatus, which
ot needed when Chief Croker '-om
Dieted his survey of the burning buiiding
The medical I ranch of the arm* le;^s^.!
• c building from the P. J Carlin Com
i>anv on I»ec»-mber i 13'"* A fire destroyed
The' old storehouse, at Washington and
-- streets, on November 17, WOB 'I he
Wfest street station was one of the four
. ■ the United Btates, ?nd th-= loss
wiU seriously handicap the medical sta
tions on the east shore of th« Panama
Canal and in Porto Rico.
With the crowds that were attracted to
c from the lower section of the city
. ■ undreds of persons from Ne« Jer-
B«y who came, over the DesbroFsei street
tVrfv Inspector Paly and one h mdred po
licemen kept the fire lines clear A special
of soldiers from Governor's [aland
EVJ sent to guard the buildin* last night.
The government does not carry insurance.
CITY INSPECTOR ARRESTED.
Lee J- Mills, of No. 720 Quincy street.
Williamsburg. inspector of weights and
measures, was arrested at his home last
night by detectives from the District At
torney's* office on a bench warrant issued
by Magistra ! Butts in the Tombs, court
The romplainant is Patrick Derry. No 333
West 14th street, chief of the bureau of
weights and measures Derry alleges that
Mills threatened his life
When Mills was seen last night he said
that he had never threatened to shoot
Derry and never carried a revolver. In
fart he w~s i Sunday school teacher, he
'aid' He wa? disposed to believe. as he
p,it it that an endeavor was being made to
discredit him in the eyes of his superiors
Charges of insubordination, which were
made against Mills by Derry on Monday.
will com« up before Mayor Gaynor for a
hearing on Tuesday. Mills says bis efforts
to rehabilitate the Bureau of Weights and
Measures have not been Mil received Dy
those above him and that interesting testi
mony will come out at h.- hearing. li
mainland that there is considerable friction
in the department. He will be arraigned
before Magistrate Butts in the Tombs
court this morning on the complaint of
I tarry
m VftlES BOBS 0 '
XOJV AFTER MORGAX.
Rockefeller a Disappoint went
-Only $xn,ooo.oon X ceded.
Peter .Jexander de Vriee is greatly dis
appointed in John P Rockefeller For
months the eccentric young Hollander has
been endeavoring to raise JBOJW.B9B to
drain the Zusder Zee. and caused a sensa
tion at the Rockefeller home in Cleveland
last summer by bis drastic methods to at
tain this end.
"If Mr Rockefeller wants to see me
now." said De Vries last night, "he will
hav<= to come to the Holland House 1 an
very much disappointed in him, and am
convinced that he is not at all the man I
thought he was."
Having lost his faith In Mr Rockefeller.
DeVries recently has been trying to bring
hi<= project to the attention of J. Pierpont
Morgan, with indifferent success. Not art.
all discouraged, however, he determined
iast night to appeal directly to the Amer
ican people. He wrote out the following
signed statement, which he wished printed:
Mr. Rockefellei has definite!}
help me. who wil] help me and give money
to make the Zuyder Zee dry.? please send
the money to Mr Jol • I Morgan.
T>e Vries said he 'I'd not ~xp>=-< t. to s^r the
whole 180^00,000— thai is, right away— but
he thought he rould get $10,000,090 just f< !
h starter, and with this capital on hand he
was sure the Queen of Holland would make.
certain concessions wl make more
capita! unnecessary at the beginning.
When asked why lie had directed to have
the money sent Lo Mr. Morgan he
that it was to inspire confidence in the
scheme
"Has Mr. Morgan consented to the us* of
his name?" h< was asked.
"No. he lias not." replied De Vries; I
have not had an opportunity to a.~k him.
But I am sure that when the money comes
pouring in he will not throw it away. If
he will not hold it I will tak^ it myself and
put It in a bank But those an details
that can be arranged latei
De Vries spoke bitterly of Mr Rockefel
ler, saying that he had been accorded shame
ful treatment. [n fact, the young Hol
lander admitted that he had authentic in
formation t' 1 the effect that Mr Rockefeller
was responsible for aU the ridiculous stories
which appeared in the press about him.
F> Vriea mide an appointment n
o'clock last night to see a reporter at 10:30 at
the Holland House, where he is living. He had
disappeared when the reporter arrived, bat
returned half an hour later and apologized
for his absence, saying that he had
asleep in his room and tvi-l suddenly woke
up with the realization th^t he had a
ticket to the Metropolitan Opera House. Al
though the last act was on. he hurried to
the performance and returned, a few mtn
utes later. s
OPT IOX FOR CHICAGO.
City Will Vote on Liquor Ques
tion in April.
Chicago. Fen i Fincin;: hymns, a dele
gation from the Anti-Saloon I>eague
marched to-night from tts headquarters to
the Board of Election Commissioners and
presented a petition declared to bear the
signatures oi T^. B '"'-". voting residents of Chi
cago.
This insures the anti-saioon eiemen» a
place on the ticket at the coming April
f-iection. and the question of whether or
not Chicago will continue to have saloon?
will "then be voted on. The- petition was
required by law to be signed by fil.fiOft per
sons
NOTED POLICE HORSE KILLED
His Rider Kneels in Fifth Avenue and
Weeps as Animal Bleeds to Death.
Faust, the- best known horse in the Police
■ tment, bled to death in the street
at Fifth avenue and 42d street yesterday
while Patrolman Crosby. n ? the traffic
squad, knelt beside his par and wept as
if his heart was breaking < Crosby took
Faust's head in his lap and strok<
shining neck "Goodby, old boy," he said,
brokenly. Then be went t" 1 turn in his re
port
It told how he and Faust were regulating
traffic at the point indicated, when an am
bulance of the German Hospital, driven by
a man who. Magistrate Barlow said later,
was too drunk to be examined in court,
dashed through the crowded thoroughfare
The pole of the wagon cut a deep
and jagged hole In the horse's lee, and
Crosby had just time m jump before the
handsome animal dropped to the street,
his blood gushing forth in a torrent.
Crosby saw there was no hope, for his pet.
He was dead in ten minutes.
Immediately after the accident an
other mounted patrolman followed the am
bulance while it responded to a call, and
after it had returned to the hospital, David
Kennedy, of No. 24 East 2Sth street, the
driver, was arrested on charges of intoxi
cation and reckless driving. Later, in the
Yorkville court. Magistrate Barlow decided
that the driver's condition was such that
an examination could not take place, so
he adjourned it until this morning, holding
the prisoner in $500 bail.
COURT SUSTAINS CONTROLLER.
The Appellate Division of the Supreme
Court upheld the Controller yesterday in
his refusal to pay interest on $64,000 to the
estate of Robert J. Stuyvosant on an oral
notice. Th« city took title to land owned
by the estate In widening Delaticey street,
and there was no money to pay the award.
An oral demand was made for the inter
est, when the law required a written, de
mand.
CITY WLSS ITS POINT
SI \I)A V ( OX( KRTS I V.
Validity of Ordinance Main
tained on Appeal.
The Appellate Division of the Supreme
Court unanimously upheld yesterday .the
validity and constitutionality of the ordi
nance of the Board of Aldermen regulating
theatrical performances on Sunday, the ef
fect of the derision being that such per
formances must he confined to those of
a sacred or educational character.
The i i.-. came before the Appellate Di
vision on an appeal by the city in the case
of Percy G. Williams' Alhambra Theatre,
In Harlem. The Corporation Counsel pro
ceeded against the latter, specifying a per
formance in December, 190", to collect a
fine of $.-.rifi because of an alleged violation
of the ordinance Justice Gr«>onbaum dis
missed the action on the ground that the
city "ordinance was useless because its pur
pose was already covered by a provision of
the Penal Code, which also fixed a penalty
of $.>OO. The Appellate Division reversed
this decision and upheld the appeal of the
Corporation Conns' !, ordering a new trial.
The court did not render a judicial inter
pretation of the proviso "sacred or educa
tional" contained in the ordinance, and that
will continue to be left to the police, who
must Judge each Sabbath performance by
Itself, subject to review by the . proper
tribunals.
Justice McLaughlin says:
I am also of the opinion that the ordi
nance is valid irrespective of prior legis
lation on the subject. The Board of Alder
men undoubtedly by virtue of the provi
sions of the charter had the power to regu
late the granting and revocation of the
atrical licenses. The effect of the ordi
nance is that for a violation of its pro
visions regarding Sunday performances
the license of the offender shall be revoked,
and in addittnn he shall pay a penalty of
$.-.00 for the benefit of the city.
Simply because the forbidden act? are
also made misdemeanors and may be pun
ished and penalized under the Penal rode
is no valid reason why the plaintiff here
should not have judgment and the license
of the defendant thereby revoked. Unless
the city can maintain the action then there
Is no authorized form of procedure which
it can take to revoke defendant's license
for unlawful Sunday performances
Sunday concerts at the vaudeville houses
will take place to-morrow, a? usual. The
only question involved in the decision, ac
cording to the theatrical managers and
their lawyers, is whether he city hap the
right to collect a fine of 5300 in case, of
wilful violation of the law.
William Mammerstein. manager of Ham
n.ersteln's Victoria Theatre, against whom
the city brought suit in 1907 for revocation
of the Victoria's license and to recover %v* >
for violation of the Taw. said:
"I don't see why there is all this talk
about Sunday opening Under the law the
city has never been able to recover a fine
for the violation of a law— that remained
for the Society for the Reformation of
Juvenile Delinquents. Now the Appellate
Division says that the city can bring such
a suit. That la all there is to the ques
tion. We shall continue giving our Sunday
performance as before, being careful to
eliminate all acts which are not educa
tional in their nature."
Mr. Hammerstein is wrong as to the
Society for the Reformation ol Juvenile
Delinquents, however, for as Justice Mc-
L^ughlin pointed out in his opinion, fine?
now 20 to the city under the amended
ordinance.
Percy Williams, whose Alhambra Theatre
was Involved in the suit, said: "This de
cision has nothing to do with Sunday elop
ing. We shall open as usual. Two courts .
have disagreed in their interpretation of
the law; perhaps we can get a third to
express a different opinion. We shall prob
ably appeal."
William Morris, proprietor of the Ameri
can Music Hall, said mat he had not been
mixed up in the suit, "lam giving clean.
educational performances, and I shall con
tinue to do so.'" he said.
William Grossman, of House. Grossman &
Yothaus,.. -who- defended the action, made
this [statement:
The city began Us action against the
theatres under the poull ordinance which
we claimed was irregular, because it
amounted to nothing more than an amend
ment to the -rate law. "We claimed that
the city should bring criminal action under
the Penal Code, charging a misdemeanor
for a violation. The Appellate n^sion
save That the city may peek a remedy
rtther under the state law or the °^inanee-
The decision does not effect the character
of Sunday performances.
Charles Burnham. president of the Theat
rical Managers- Association, said: '■The
situation is back where Ii was before. It
all come? do.vii to the question whether a
performance- is- educational or not. That
will remain for a, jury to determine. •
It was said last night at both the Metro
politan and the -Manhattan opera houses
that the decision of the Appellate Division
would in no way affect the Sunday night
concerts at these houses, these concerts
being educational in character, and none
of the singers being in costume.
Mayor Gaynor saW the law would be
observed; but he could not predict what
course would be taken by himself and Po
lice Commissioner Baker in enforcing it.
It was a matter, he declared, which he had
not had time to consider, but which would
be taken up in due course. .
WHITMAN PIT OFF.
Board of Estimate Delays Re
quest for Eight Assistants.
In asking the Board of Estimate yester
day for an appropriation of 124,000 to pay
the salaries of eight deputy assistants
whom he wished to add to his staff. District
Attorney Whitman .-aid he was planning a
new bureau, which, among other thing--,
would aid in checking the criminal abuse
of the automobile speed law. It is thought
that this bureau will be able to do much
to relieve the congestion in the courts.
shorten the time necessary to g«t person?
to trial and protect the interests of poor
and illiterate prisoners in police courts.
"1 am sure that your judgment and dis
cretion. Mr. District Attorney, are to be
respected in this matter." said the Mayor
at the meeting of the board, but it was
deckled to lay the request over in order to
get a special report.
The Board of Estimate gave th* District
Attorney the $25,000 asked for to investigate
the "white slave" traffic. Appropriations
of $H-tO.<Kh> for paying awards on dim site?
on the Croton aqueduct and of $350.u0C for
defraying the expense- of the aqueduct
commission were passed. In this connec
tion a motion was adopted asking the Con
troller to find out if the aqueduct board
could not be abolished or Us expenses cut
down.
Th»- board approved th* establishment of
five additional jobs in the office of the Bor
ough President, at a total annual cost of
JIS.OOO. What the Board of Aldermen will
do to this request is problematical.
The first divided vote in the new board
was over letting the contract for the furni
ture and other equipment for the new li
brary in Fifth avenue. President McAneny
wanted to nave the contract go to T. D.
Wadl^ton. whose bid of $J-44.T'»" was $95<>
above the low bid of the Cobfa Construction
Company, because the trustees of the li
brary believed WadJeton would do more
artistic work. Other members of the board
refusVd to depart from the general rule of
awarding contracts to the lowest bidder,
and Mr. McAneny's vote was against that
of his colleagues. ;'^
G. WASHINGTON SWEARS OFF.
George Washington swore off a persona!
asses ? neni of J2l\oort yesterday. Tax Com
missioner White apologised for being
obliged to make him take the oath, but
,«i,i it was unavoidable under the law.
This Mr. Washington's middle initial is
"A" and he is a lawyer at No. T. William
street
EXHIBITION OF •
PAINTINGS I
Lillian Itt. 6entb ;
thl :
FOLSOM GALLERIES I
396 FIFTH AYE. NEW YORK I
JANUARY 29th TO FEBRUARY J 2th- I
INCLUSIVE I
---—- —- w _ w __. >
HITCHBL UPHELD
ROARD Hi(KS HIM.
Mayor Votes for His L. I.
Railroad Resolution.
After considerable discussion, in which
Edward M Phepard. as counsel for th»
company, took part, the resolution of Pres
ident Mitchel of the Board of Aldermen j
looking to a protection of the city's in
terests in connection with the improve
ments being made by the Long Island
Railroad between Long Island City and
Jamaica was adopted by the Board of Es
timate yesterday. '
There is no disposition on the part of
the board to delay th» Improvements un
duly, but President Mitchel holds that ISM
only way to determine the right of the
city to require the company to obtain a
fpecial franchise for crossing the streets i
already opened with six instead of two
tracks, as at present, hi for the Corpora
tion Counsel to institute a suit restraining
the company from continuing the work.
This point is only a matter of principle, j
for every one is in favor of the additional I
tracks But the important point is that
if the company must get a franchise cer
tain stipulations may be required which
will save the city more than $1,000,000
when it comes to cutting through streets
now on the map but not yet opened.
Under the grade crossing act the city Is
required to pay one-half the expense at
tendant upon abolishing grade crossings
or obviating them when new streets are
cut through a railroad's right of way. To
carry a street over six tracks or to carry
six tracks over a street on a bridge would,
of course, be much more expensive than
in the case of two tracks Mr. Mitchel
holds that the city should be require.! to
pay no more than one-half the cost of the
work for two tracks.
MIT'-HEL F n R STIPULATION
President Mitchel belie-.-- • the com
pany should stipulate now. a? a condition
to the continuance of the work, that If
will ask the city when street-? are cut
through In the future to pay no more than
one-half of what the cost would be for two
track?
Mr Phepard said after the meeting that
this point was a fair one for discussion
"The company will be willing to take M
up with the proper authorities," he said,
"and I am sure will be willing to do any
ir.ing that is reasonable. It must b» re
membered, however, that th» company is
expending a large amount of money in this
work and that the city is being benefited
by our improvement and will be increas
ingly benefited as time goes on and before
many of these streets sr° opened
As for the contention o-f th<» fsrmvow cor
poration Counsel that the company ?s re
quired to get a franchise for crossing t~-?
existing streets with six more tracks. Mr
Phepard contended that the entir» distance
from Sunnyside to Jamaica was included
in th«» terminal and yards
"A terminal." he said, "properly tachafes
all the yards and tracks used tn storing
cars and making up trains We Intend to
use pome of the tracks all the way I
maica for that purpose If this part of
our system is a terminal, we are not re
quired to get a special franchise to exter.l
our facilities in this district According
to our charter, we are obliged to provide
ample terminal facilities We are under
compulsion to do this work to increase
such facilities Any limitations as ta tat
creasing our trackage does r it ar"
terminal? "
At the meeting of the Board of Estimate
Mayor Gaynor expressed himself as being
opposed to placing any unnecessary ob
stacles in the way of the improvements
and suggested that the representatives of
the company and the Corporation Counsel
try to reach pom" sort of an agreement
without the bringing of a suit.
MAYOR WITH FCSIONISTS.
The Mayor, however, voted for the res
olution, and Borough President Gresser of
Queens did not vote against it. although
he tried to have, it shunted off to some
committee.
Mr Shepart f old the board thai his com
pany would be glad to agree to a si
Tjon whereby it could continue the work
rending the determination of the conten
tion of President Mitchel that a special
franchise would have j o h*» obtained.
After the meeting he seemed fo think that
the attitude of fiie Mayor meant that it
would not. be necessary to bring I
and that the work of the company could
go on while a settlement was made o !; r of
court
The language of the ro ?i!unnn is clear,
however It requires President Gresser to
rr p Y oke forthwith all permits under which
the company is carrytag am the work It
'ails upon the company to stop its work
and to remove all "unauthorized .<•
urea, tracks and appurtenance* " And on
failure of the company tn r!o this "the
<"orpnration Counsel is a : r horize<i and di
rected to take such action as may be nec
essary to cause the discontinuance of Back
work and the removal of such innim
hrances "
But the Corporation <'ouns»! is author
ized — "after the institution of th* pro.-ee,-)
ing" — to enter into a stipulation with the
company for a continuance of Urn woi-^
pending a final determination of rhe <»u!t.
reserving all rights of the cttv
c
POUND AWAY AT PITTSBURG.
Dark Picture of Its Industrial Condi
tion Drawn at Meeting.
A dark picture of the industrial situation
In Ptttsburs was painted last night a' the
People's Institute meeting in Cooper Union.
The speakers were Paul W. Kellogg. J. A-
Fitch and Miss Crystal Eastman, who went
to Plttsburg and conducted an investigation
into the social, industrial and economic
conditions of the workers thereabout.
. Mr Kellogg gave a general review of the
situation and undertook to answer ques
tions, while the two other speakers went I
(nto detail* "Unionism has been stamped
out." declared Mr. Fitch. "The companies.
after putting down unionism, have denied
tre-ir employes th» right of organization.
havA ignored the right of petition and have
stopped free, speech."
Miss Eastman, who is secretary of the
New Tork Legislature's Commission on
Employers' Liability, spoke of the acci
dents and fatalities In Plttsburg. "I am
not an engineer, nor a practical mechanic,
nor even a man. " she remarked, "but I
have attempted to secure as rauca infor
mation as was possible by an examination
of the coroners' records and of the records
for three months of a hospital. The deaths
in one year numbered SCB. of which 196
were in the ateel industry, 125 in railways,
71 in mines and 135 in miscellaneous occu
pations In Allegheny County, which la the
Pittsburg district.
"The present system of employer's liaMl
ity is vicious, because it does not provide
relief when it Is most needed, because it ;
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