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16 • DIRECT PRIMARY CHAOS AT ALBA Mew Measure Like a Bomb in the Midst of an Already Troubled Camp. OPENS LEGISLATIVE BREACH Cobb in Statement Explaining Bill Says Assembly Leaders Will Fight Any Real Reform [By Telegraph to Th* Tribune! Albany. May 6— Like a bomb thrown in the midst or an already troubled camp, the new direct primary bill, framed and reported to-day by the Senate Judiciary Committee. has still further rent asunder the Senate and Assembly between which there has been ill feeling for some time. Senator Cobb. in a statement given out in connection with the bill, said that he had been assured that it would meet with the approval of the leaders of the Assembly, "but understands now their attitude has changed with reference to the matter and that any application of the direct primary will be opposed." Senator Cobb is quite correct. The As sembly leaders do intend if they can to t-laughter anything that has the least sug gestion of a direct primary, and the result is that a fight has arisen, not so much be tween the advocates and opponents of direct primaries as between the Republican organization leaders of the Assembly and the Republican organization leaders of the Senate. The Assembly leaders have committed themselves to the Meade-Phillips bill, which continues in a modified form the old con vention system, while it would now seem thai the Senate leaders are Just as strong for the Senate Judiciary CommitUr's meas ure, which follows out the general sugges tions made in a petition sent to the Legis lature two weeks ago by Seth Low, Joseph H. Choate. Jacob Gould Schurman. Nicho las Murray Butler and others. This peti tion called for a test of the direct primary principle by applying It only to State Sen ators and Assemblymen. Modern Alexander Needed at Albany. This contradictory state o* affairs only adds '•■ the direct primary entanglement that will confront the Legislature next work. To the Assembly will be reported nw ■mnuicifl TsMW mnnim bill, the ma- Baa-Creeai nwas-urt-, embodying the gov enrir'i ideas. and the Democratic State league bill, and the Senate Judiciary Com mittee t<s-day reported to the Senate with out recommendation for approval or dis approval the last two, with its own bill. With the Senate and Assembly at swords' points, the puzzle is to find the primary legislation which has been promised the people this year. The legislative observer might easily be led to see how. the more the two houses discuss these various pri mary propositions, the deeper in the meshes they will become entangled unless there arises another Alexander with a faculty for cutting a Gordian knot. In his statement Senator Oobb declares that "a cartful canvass of the Assembly. h.itii by the mmiii nil and friends of the Hinman-Green measure, .showed that there v. as no hope <'f the .->••• passing in its present form, find neither could the pas t-age of the bill through the Senate be pro cured ." This is an open question, and whatever friends of the Hinman -Green Ml) Senator Cobb may hay«» been talking about, the men who have always been looked on as the ?ri*--nds of the bill in the Assembly aw BtHl expressing hopes for the measure. In fact, their hopes have been heightened by the knowledge that the bill will come out on the Soar of both houses for an open dis toss-ion. This is what Governor Hughes l-as u«rsired all along. No Comment from Governor. Governor Hughes has so far made no comment, directly or indirectly, on the merits or demerits of the plan of Seth Low and his associates, but it is known that the cry for a compromise measure has not made him flinch in the least in his ad vocacy of the Hinman-CJreen bill, and that he will continue, to put forth his best efforts to secure its enactment -into law. While it is said by Senator Cobb that the Senate Judiciary measure embodied many of the features of the Efusaan-Greea bill, there are some of its provisions which plainly show the organization's hand. For instance, instead 'of providing for the Mas *-achus?etts form of ballot as in the Hin xnan-Gretn bill, it has a ballot which gives all the organization candidates a place under one head at one side of the ballot. The independent nominations by petition are to come in other columns. Another pro vision in the hi:; practically gives the ex <-eutiv«- member of the county committee •• . act-i Assembly District in New York and Kings counties the power of naming the organization candidate for member of Assembly. This is brought about by his Sling with the custodian of elections his choice for the candidate. Tl.> naming of <andidates by petition is. however, allowed. it is not believed the friends of Governor Hughes will acquiesce in ■ provision of this character. In the iilnsßaa-Otven bill the candidates for Assembly are named by the county committee, each member of watch has a vote proportionate to the number of electors in his .district.. Senator Cobb's Statement. Senator Cobb does not o.mment in detail on these sections of the committee measure, which lie than explains: Tin* bill »-nib".li.-> many of the features of ihe rlteman-Green bill: in fact, an the *ssf-r.tial oner:, except the abo!lshitu* of conventions. It contain? the« j<oiisions: A general enrolment throughout the f-TJte. the wntera outside of th-- <!'-. ji. iiig retired to il.-rlari' at th* time •! voting Bt tlu- general ejection the party with Khkii they desire to be enrolled A uniform primary day throughout the state. " ■ The abolishing of all intermediate con vert ions. ''■• t-lcctioii of all defecates. Including; those to the state convention, by direct •\riio ■qt ti<e jirimark-s. Tho increasing of the state committee European \ Visitors will find th* European Columns of the New- York Tribune a reliable guide to the best shops, hotels and resorts. Consult These Columns Before Sailing and much valuable time will be saved for sightseeing. to Isfl members, one from each Assembly district. It throws around the primary a'l the safe guards which now exist with reference to elections, providing for a secret ballot in booths, ballot boxes, ate. It provides for an official ballot, on which the names of al! delegates, committeemen and candidates to be voted for are to be printed. It provides Ux a method by which a voter of one party is deprived of partici pating in the selection of nominees of any other party. „ _. It provides for a judicial review of the enrolment, and the acts of any political convention or committee or any public offi cer or board with reference to the primary convention. „ It requires all delegates in conventions to. declare by viva voce vote the candidates for whom they desire to vote. It contains a provision permitting a town, city, village or county to adopt the direct primary method of selecting all nominee? for office within either of these political divisions by the adoption of a resolution by the committee representing said political division to that effect. It provides for the selection of Senators and Assemblymen commencing with the year 1911 by the direct primary system, em bodvinp therein the features of the Hin man-Green bill in that particular. It prescribes the form of ballot to be used at the primary and lays down rules for the organization and conduct of pri maries, amone others, requiring that such T'limaries shall be held open from noon until 9 o'clock in the evening and provides that each election district shall constitute a pri mary district. m Most of the provisions are taken from the Hinman-Green measure, with »Us h * modifications, and the bill accomplishes all of the reforms sought to be accomplished under the Hinman-Green bill, with the ex ception of the abolishing of all conventions. DEGREE FOR MR. ROOSEVELT King Frederick University Makes Him Doctor of Philosophy. Chrtstiania, Norway. May 6. -With a sim ple but beautiful ceremonial. King Fred erick University to-day conferred upon Theodore Roosevelt the degree of Doctor of Philosophy. The exercises took place in the amphitheatre of the university. After the company— which included the Premier, other members of the Cabinet, the Nobel Prize Committee, members of the diplo matic corps, the faculty and persons dis tinguished in the civil life of Norway— had assembled. King Haakon entered with Mr. Roosevelt at his right. The two were seat ed in front of the reading desk, facing a brilliant audience. The galleries were filled vith students. The programme began with the chanting by the choir of the university of the hymn composed in Latin for the occasion by Pro fessor Alf Torp. After three stanzas had been chanted the music ceased, and Rector Broegger. rising, handed Mr. Roosevelt the diploma, contained In a red leather case. The chanting was then resumed. At the conclusion of the hymn the dean of the faculty of history and philosophy made an address that was half serious and half facetious. Mr. Roosevelt, he said, had al ready left the earth and was residing at Olympus with Jupiter and Apollo. It was scarcely Kind to drag him down again among the mortals. Hr alluded to the em barrassment one felt at hearing praise of himself and said tnat it was well known that a liter-iry man's formula was to sit still and look stupid. The professor likened Colonel Roosevelt to a rushing human en gine, difficult to follow and making it diffi cult amid the clouds of smoke to discern precisely what manner of man he was. Some saw a winged angel and other a mod ern devil with claws. The professor Than sketched the colonel's career, finding the former President's •Winning of the West" his most instruc tive work, rich In pictures of the American spirit, ideals, capacities and achievements. He agreed with others that Mr. Roosevelt was a man who had learned to use the capacities and powers which in most men lie dormant. He had converted his capaci ties Into energies. Mr. Roosevelt, in reply, said that it did not make much difference what capaci ties a man had. It was important rather what he did with them. The thing was to the Job done. Mr. Roosevelt caused the King to laugh when he said: "If recogni tion comes for what you do, good; if recog nition docs not come" (here the speaker paused and then added.* "it isn't quite so good." This is the third time in the history of a century that the university has conferred the degree of Doctor upon a foreigner. Sat urday the Storthing passed a special act, sanctioned by the King, which changed the manner of conferring honorary degrees bo that the honor would be received from the whole governing body of the university rather than from one faculty, as had been the practice. Mr. and Mrs Roosevelt spent the after noon driving about the capital with thp King and Queen, who later accompanied them to the railway station, where they took a special train for Stockholm Paris. May 6.— The "Temps.' while avoid ing a direct indorsement of Mr. Roosevelt's suggestion for a league of Peace, warmly commends his utterances at i hristiania. saying that they prove that Mr. Roosevelt, although a realist, harbors the most an da^inup hopes. "He admits." says the paper, "that . onturies may pass before the League of Peace is realized, but he insists upon the fact that it can be realized." This striving for an idfal amid the ob stacles of thf present furnishes additional proof oC Mr Roosevelt's loyalty to the basic principles of fundamental justice and riyht which he preaches. The "Joun.a! dr.- Denats" considers that Mr. Roosevelt's actions, being unlike those of many pacificists, give him the risht to preach international peace, and wholly ap proves of the four points of his plan. The paper continues: "A I/eamie of Peace among nation? stronp and . onscious of their strength is and will remain for a long time in the future the best means of Insulins the peace of the world." INCOME TAX RESOLUTION OUT Senate Judiciary Committee Acts — Appropriation Bill Passed. Albany, May 6.— Senator Davenport's res olution favoring the income tax amend ment to the i i>ited States Constitution was reported . to-day by the Senate Judiciary Committee and made a special order for next Wednesday. The committee reported favorably" the IVainwrteht bills extending •■■ corrupt practices net to primaries and to candidates for nomination. The Senate passed the annual appropria tion ill and advanced a number of local measures. Governor Hughes to-day signed Assem blyman Green's bill abolishing the New York Aqueduct Commission BALLOON PASTY FIRED ON Up Studying Comet, Bullet Whistles Close to Astronomers' Ears. Kast Hadf'.am. Conn., May *>.— Upon land- Ing here to-day after •( balloon voyage undertaken to make astronomical observa tions, especially of Halle\ v c«~met. the oc cupants of t"• balloon Massachusetts said they had been Bred upon by ttome one with .i rifle ju?t before sunrise* when three miles north of Manchester The bullet missed th*» balloon, hut whistled uncomfortably close to the passengers' ear?. The ascent was made fr< m 1 'it I .-In Id, Mas*., .at M', o'clock this morning, the balloon containing ProfeFxor David Todd, of the Ambers* College Observatory, and Mrs. Todd. herself an astronomer of note, and Charles J. tfUddciC the latter acting as pilot. The balloon landed at •■ .;" a. m. at ■ point eighty miles from Springfield The highest ■ ation >*.••!.■• .-even thousand feel IVofefcsor Todd s:ai<l theii observations of Halie. ■- comet, as well as of Hie planet Venus, the moon and the- win were sue- C*ssful .Hid that they bad gained much in forruaUon- SATURDAY, jsjeto'||ofic ffirtfttow* MAY 7 - rom WROTE "GRAFT" ON STUB Queens Check Book Accounts for $96 Somebzdy Got. AFTER SEWER INSPECTION Fosdick, in Another Report, Tells of Money for Work Never Performed. It would appear from the third pre liminary report of the Commissioner of Accounts. Mr. Fosdick. on the office of the Borough President of Queens, which was given to the Mayor yester day afternoon, that funds turned into the Bureau of Sewers to pay for inspec tion work went to fatten the private accounts of persons who did no inspec tion work. In the check book of Joseph B. Nelson, who was bookkeeper in the Bureau -if Sewers, is a stub bearing the following inscription, according: to the report: "April 24. 1909, Thomas Brown, graft. "The word 'graft' had been pencilled over," says the report, "but is still plain ly visible. Over the entry on the stub is written the word 'Void.' " According to the report, in January. 1909. a real estate development company at Far Rockaway deposited with the Bureau of Sewers .?I<H> to cover the cost of inspection of some private sewer work it wished to do in Channel avenue. In May 992 more was deposited. As was customary, this money was deposited to the private account of Mr. Nelson, who paid the salaries of the inspectors as they became due. The investigation of Commissioner Fosdick established the fact that the work of inspection was done by James Kelly, who was drawing a regular sal ary as sewer cleaner. Kelly stated that at the request of Nelson he turned >n his weekly reports unsigned. No other inspector was employed on the work for the city, he :;aiti. An inspection >f the reports handed in by Kelly shows that they were signed "Thomas Brown." Cornelius Burke, who was superinten dent of sewers up to recently, testified that he had appointed a man named Thomas Brown or the Channel avenue ■ewer. The report goes on to say that Alfred Denton. now a justice of the Municipal Court, but then Commissioner of Public Works, testified that President Gresser told him to appoint Robert Kreuscher. a saloonkeeper and district captain, of Far Rockaway, an inspector on the Channel avenue work. When he found that the money for the inspection had already been turned over to some one else a conference' was held in the private office of the Borough President, at which, in addition to Mr. Gresser, there were present Mr. Nelson, Mr. Burke, Mr. Denton and James M. Cragen. private secretary to the Borough President and now a Municipal Court justice. "All these gentlemen testified before me," the report goes <>n to say. "that at this conference the Borough President decided that Mr. Kreuscher was to re ceive the money for the insj>ection. "As a result of this decision in the president's office Burke handed back to Nelson the check for JSJMS. and a new check was issued in the same amount, payable tv Robert Kreuscher. This was dated May 7. 1909. A second chock, dated June 15, 1909, for $72, was paid V> Kreuscher for the work of inspection. The second check for $72 was indorsed by Kreuscher to H. A. Rydill, a per sonal friend of Mr. (Jresser and a district leader." Thomas Brown, whom Burke said he had appointed as inspector of the Chan nel avenue sewer, and Mr. Kreuscher, who got the money f';r it. were unable to locate the sewer even approximately, ac cording to the report. Mayor Gaynor transmitted the report and the evidence to District Attorney DeWitt of Queens County, with a sug gestion that he take some immediate ac tion. PATTEN OPENSJHIS BOOKS Invites an Inspection of Recent Transactions in Cotton. Morp [subpoenas in the investigation en titled "the T'nited States against James A. Patten and other?" were issued yesterday as a result of the proceedings against the bull cotton pool members. The Ass'stant United State? Attorney General, who has charge of the matter. Clark McKercher. was surprised to get a message fr< m Pat ten. It was an invitation to inspect all liis books relating to the recent cotton trans actions. Mr. Patten does business through two firms in this city. Carpenter, Baggot & Co. and J. S Bathe & ( "o. ' When last here he had his headquarters at the offices of the latter, anl almost daily declared that he had nothing to do with the pool, whose investigation was begun about two weeks ■go, when Frank B. Hayne and P. Brown were mentioned as the defendants in thp proceedings. Mr. Patten also sent word to Bache & Co. and Carpenter. Bag got & Co. to give the government facilities to examine their books. Mr McKercher and an expert accountant were at the of flcea of the firms yesterday afternoon. Those subpoenaed are ordered to appear before the grand juiy on May 9 at 2 o'clock. SEASON AT EELLE TERRE OPENS Rembrandt Club of Brooklyn to Have Luncheon at Clubhouse To-day. The open Ins of the season at Belle Terro wll! be celebrated to-day by a luncheon In the cliUthouse for the Rembrandt Club of Brooklyn. More than fifty persona will £<> to port Jefferson in seventeen automobiles. 'Pie clubhouse is one (f the most pict uresque places ■>ii the Long Islan<l coast. It is situated on a bluff, about ISO feet above the sea. It suggests an old English inn, and is thoroughly i:> harmony with the rest of the estate, which has become so popu lar as a place for summer homes. While many of tin colony liv<- within the club, others hay*' beautiful homes in various i»>r ii-!.- •■! the grounds. Five miles of short- front make three si«ios of tin- estate, the other being a Imkli artificial harrier, with a chateau entrance. Then are fort; miles of drives, reaching such Interesting points a.- The Anchorage, Nature's Garden, The Lost Meadow, The -us. etc.' There is a nine-hole ;;oH" course and an anchorage for all forts "i craft. .Ml manner of sport Is afforded, in cl'idlns tennis, Ds.til.tn2;, motor on the Long Island parkway, riding, and .->> "ii The mountain laurel ami (logwood are now In bloom mid tin natural picture is : a beautiful one. GET JURY TO TRY LUSTIG. Th« Jury In the trial at Maurice M. Lus ltg~, charged with hu\ing i*o°soued iii.s wife, cimpteu i last night, and the wiai v bj adjourned until next Tuesday. CASE AGAINST HEINZE IN Government's Action in Resting Surprise to Defence. COURT PUZZLES LAWYERS Both Sides Draw Comfort from Judge Hough's Remarks to Mr. Wise. Unexpectedly to the defence in the tnai of F. Augustus Heinze in the criminal branch of the United States Circuit Court on charges of overcertlficatlon and misap plication of the funds of the Mercantile Na tional Bank while he was president, the government closed its case soon after : ./clock yesterday. United States Attorney W4se had John P. Fernsler. expert account ant for the prosecution, give the details of more manipulation of loans and checks t-> pay a United Copper Company dividend in January. 1907. of the same character as shown the day before in the transactions of April and August of the same year. In every instance Fernsler showed the use of the Mercantile National funds for a brief period to pay these quarterly dividends. The presentation of this evidence was un expected to the defence, and when the kov frnment rested John B. Stanchfield, of coun sel for Mr. Heinze, got until Monday to prepare for the cross-examination of Ferns ler. Fernsler, the government v itness. did more than to show the method employed by the United Copper Company to pay the fic titious dividends. Mr. Wise wanted o show by this witness that the game of high finance had been played the same way prior to 1907, but Judge Hough confined the prosecution to that year. Then the United States Attorney got in evidence the testimony that every subsidiary company of United Copper had lost money in 1907. ard the balance sheets were put in to substanti ate the oral account. Losses of Other Companies. Thus the Corra Rock Island Mining Com pany's balance sheet on October 14. 1907. the day the Mercantile National was drawn on by F. Augustus Heinze for $500,000 to aid Otto Heinze & Co. in Its fight against extinction, showed a loss of $1,463,407 on a capital of $2,000,000; the Minnie Healy, a loss of $2,150,000 on a capital of $3,000. 000 the Belmont Mining Company, a loss or 5331.000 on a capital of $1,000,000. At the same time, the United Copper Company showed a profit of $5,620,750 54 on a capital of $50,000,000. The latter on December 31, 1907, Charged Off $29,500,000 against the value of thp stock carried as camtal. In addition to all this a history of United Copper was given, from its formation in 1902 to 1807. when it became a holding com pany. In that period It received $18,500,000 from sales of copper, gold and silver, but the operating expenses, owing to the Mon tana Ore Purchasing Company, a Heinze corporation, were more than $16,000,000. In 1906 the United Copper underlying com panies ' were sold to Thomas F. Cole for .00,000. - Judge Houßh, when the prosecution rest ed, refused to prant a motion to dismiss the overcertiflcation counts in the indict ments. He wanted to hear the result of the crops-examination first, so far as Fernsler's testimony was concerned. The court made another little speech to Mr. Wise yesterday. It was when Mr. Wise tried to po back of January. 1907. He had been checked every time lie had tried it before. He was checked a_sain. Judg© Hough said: Judge Hough's Remarks. "At present, the evidence as it stands, the active participation which is alleged in the lettered counts, on the part of the de fendant, and the manner and method of the conversion there set forth, has not been proved in such a manner as to permit the other allegations prior to January, 1907. to be adduced. Of course, the testimony of yesterday and this morning is relevant and material to all the counts of the 1908 indict ment. 1 will not at this time permit the introduction of the oricrin of dividends back of the period when the defendant became president of the Mercantile National Bank." The H«8 indictment includes the misap plication counts especially, and the re marks of the court were Kratifyinf? to the prosecution, in a way. but in saying that the testimony was relevant and material the counsel felt that the court might not mean that the misapplication had been substantially established. It >^«s dear or not. according to whether counsel was for or against the prosecution, that the over certification counts, the lettered chaises in the indictment found a few months ago, had been proved to the satisfaction of the court. Fernsler was the first witness yesterday. He told of the jußPlinx of loans and checks incident to the January. :hh7. United Cop per dividend. Tracy Buckingham, a clerk in tho United Copper office. i,^s then called. Buckingham was asked arout the disap pearance of the books, in which he fig ured a year ago. He said he saw the books carried nut of the office on May 19, liK»9. and recalled that on the same day he was summoned to Mr. Heinze' a private office. •'What did he say to you?" asked Mr. Wise. "He wanted to know whether I had a good memory. I said that I had " Buckingham said that in the room at the time were John C. Tomlinson, Edward Lauterbach, Sanford Robinson and otto Heinze. The witness said that Arthur P. Heinze packed the books in a trunk. Fur ther testimony on this line was shut off by an objection, sustained by the court. DUKE IN CHILDREN'S COURT Manchester Watches Young Delin quents and Is Much Impressed. The Duke of Manchester was a visitor to the Children's Court yesterday, re maining on the bench with Justice Hoyt throughout the entire session < f the court. The duke, who is the presiding magis trate in his own county, and who as a privy councillor of Great Britain is en titled t«. sit in any magistrate's court in the kingdom, paid close attention to every < ase. He had been to the court for ;i short while thr day before. Hiid found the procedure BO interesting that he i ante back yesterdaj for the full session. Asked after the close of the court what he thought of the method of handling young delinquents In New York, he >-ai<! he thought the children's • ••mrt an ex cellent Institution and complimented .lus tice Hoyt on his decisions. Speaking of the newly established juvenile court In England, thr duke said that he had had no Opportunltj to \isit It up to this tune, lut expected to do so on his return r> England LUNA PARK OPENING. Thompson *• Dundy's Luna Park, th* popular summer amusement resort,< will open its eighth season on Saturday, May m Since '!:' park closed last season .■ large force of men has been employed building, painting, reconstructing, renovatr Ing and beautifying th« attractive and picturesque Inclosure. The new feature? will Include the "Pneumatic Tube Ride," it subterranean railway. "A Visit to Mar.* oil an Aeroplane,'! Frederic Thompson's latest Illusion, and "Havana." a pictorial Illusion describing the Kinking of the battle bhlv Maine. . . . . . -,-.\ i Howard & Co Pearl and Diamond izofa ■ Jewelry lO7U i Tea Sets Reduction j and Other Sl iver Articles Filth Avenue and Forty-Seventh St Filth Avenue WRITES OFTEN TO ACTRESS Dr. Griffith Annoys Nazimova and Is Sent to Bellevue. Dr. Frederic Griffith, of No. 238 West 38th street, was sent to the psychopath. ward in Bellevue Hospital yesterday by Magistrate Barlow. Griffith was arraigned In the Tombs court and charged by Mm* Alia Nazimova. the Russian actress, WttJ having written her annoying letters. The prisoner acknowledged writing tne letters, which cover a period of three year*, and In a listless manner answered questions regarding himself. .He said he was .a graduate of the Medical School of Pennsyl vania * University ; that he had studied abroad, came to New York eleven years ago, and made a specialty of .surgery. He expressed surprise at his arrest, de claring that he had received letters from Mme. Nazimova and had been under the impression that his regard for her was re ciprocated. Mme. Nazimova Indignantly stated that she had written Griffith only -o request him to cease his annoyance. Griffith said that during his eleven years in New York he has been connected with Bellevue and New York hospitals and th» Vanderbilt Clinic, and that he is a "Member of the New York Historical Society, a fel low of the Academy of Medicine, and an in structor in the instruction school of the Police Department. % He asserted that he had written a book entitled "Gabrielle Marat," In which Mme. Xazlmova was the heroine, but -which was not published because, he explained, sho quarrelled with him last May. Griffith Is thirty-seven years old and | lived formerly at No. 105 West 29th street and at No. 49 Eas^ 64th strpot. SUES NATIONAL CITY BANK Lathrop, Raskins & Co.s Trus tee Wants Securities Account. There was a new phasr- in th<- affairs of Lathrop. Hasklns & Co., the Stork Exchange firm which failed as the result of the eol larse of the Columbus and Hocking pool, when Henry D. Hotchklss, the trustee :n bankruptcy for the concern, brought bu - * against the National City Bank for an ac counting of the securities belonging to the firm. The complaint declared that on January 19 the bank obtained a transfer of the ae curities, worth about $150,000. which were placed to cover certain loans and advance to the firm, amounting to $117,000. whe->, Mr. Hotcbkisa says, the firm members were insolvent. He says the transfer was in vio lation of the bankruptcy act and should c 3 set aside and declared void. Stanley W. Dexter, as referee in bank ruptcy for the firm, authorized the bringing of the suit. LATHAM WILL VALID Broker's Widow Loses Contest — Be quests to Birthplace Stand. Surrogate Cohalan rendered a decision >esterday admitting to probate the will of John C. Latham, founder i>f the stock brokerage firm of Alexander, Latham A Co., who died in August. 1909. leaving an estate variously estimated at from $50,000 :r $1,000,000. The will was contested by the widow. Mrs. Elsie Gaytord Latham, for merly of Louisville, who was Mr. Latham's second wife. Mrs. I^atham received a specific bequest of $10,000 and the residue of the estate, amounting to about $100.(00. A trust fund of $200,000 was created for the benefit r»f the six-year-old daughter of the Ivithams. Mrs. I>atham contended that she had been treated unjustly by the will and contested on the ground that Mr. Latham was in oompetent to execute a valid will. Among the bequests was one leaving his family homestead at Hopkinsville. Ky., valued at $60.0<X>. to tiie Citj Council of Hopkinsville. together with $:j">,ooo for a public park. He also left $50,000 to the city of Hopkinsville, to be used f<>r the benefit r>{ the poor of that ci'y. FINED FOR ATTACK CN BAKERS Disturbers Arrested in Harlam — More Men to Go on Strike To-day. More bakeries and nearly all the hotels, it was announced yesterday by the lead ers of the striking bakers, will be affecte 1 tn-day by th<=- bakers' strike. After .i meet ing of delegates from the Italian and French branches of the Journeymen Bakers and Confectioners' International Union it was announced thai two thousand Italian and five hundred French bakers will quit to-day to enforce a demand for a day off every week. At the headquarters of the strikers, in the l^iior Temple, it «a- stated last .light that a number of these bakers )iad gone on strike ahready. Charlea inland, general organizer of the international union. \s lu> i>;is charge of the strike, denied that there was any desire on the part ot tht strike leaders to cause :i br< ad famine. Poturteen prisoners were taken yesterday afternoon, when the reserves of the Kast 88th street station quelled a disturbance in front of No. n,>;n Frist avenue. The pris oners are ail striking bakers It was alleged that a crowd of them pounced upon five Takers employed i>\ Chart*** Kiitz The prisoners were lined $ln .->a«-h by Maslstrate C.rrisan. in th. HarS.tr court. "BIG SIX" MEN GO FREE. The Appellate Division decided yesterday that the five officers and members or" Typographical Union No. 6 who were .-en tenced in lOtig to serve twenty days In jail for failing, to obey an injunction not to interfere with the members of the' Ty potbetse need not serve • the sentence im posed by the court. Th« defendants had appealed to the Ap pellate Division and to the Court of Ap peals, which sustained the sentence, where upon the defendants pieced themselves at the mercy of Justice BlscholT. who sus pended sentence, which action the Ap- COTTON RECEIVERSHIP ASKED. Jackson, Miss., May a.— Attorneys repre senting European firms (lied a petition in the Federal court here late yesterday seek ing a bankruptcy order against the Arm of Bteele, Miller & Co., shot cotton firm of Corinth, Miss., and other Mississippi cities Indebtedness of $9ls.<h»> is alleged, due to the 'drawing of drafts with fictitious bills of lading. MARINE INTELLIGENCE. miniature; almanac. Sur.rU 4 .".». nuim-t. 7:01; nio'n ris»*. 4:07; moon' ■ I*. . si Illiili WATKR. AM r M Samly HoAh .'...' •*• •"• «:1" Governor's lalan.l ..•:!• >: <.-, Hell 'wit- ■ ■:#» i<:3s WIRELESS REPORTS. l.a i"i' reported as 333 ■.t 1 1< x '-.-.n of .Sandy Hook at :. ::„ a in yesterday, >■ < M'<-' '•■'' t.i ilmk nils forenoon. Tie si 1... til.- reported us "■'•^< inLea • Ml of Handy lli«.k at 7:."v i> m \ « ■»•»•' ll: '> la •»!■•' i.. .I.m ihla .ii. .mi The California, reported .ib 7-5 miles east or Red' Mail -'liars are a growing tribe. Born this week, a little Rexwood 2 for 25. EARL & WILSON. The "NOCl" Nursery Table Complete with every requisite lor the rare of the Infant. lor Sale by JeWIS &■ (^ONGER, 130 and 132 West J-<1 St.. »w York. Sandy Hook at 2:2.'. p m yesterday, is expected to Jock Sunday foren-<on. INCOMING STEAMERS. TO-DAY. Vessel From. Line. •La Saxole Havre. April 30 ... .... French •r<t. Louis Southampton, April 30 • -- Amt ? •Mrrro Castle Havana. May •* .Wara Richmond. Lisbon. April 21 — Cuban*. .> Paffua, April ». ... - r. dc I^arrinasa- ..Barhado*. April gaga .. Trinidad. April 27 Trlnlilaa ! yan. Marcos lialvMton. April au....MalorT D dettli Abmzzl. ..Naples. April 27. Italian Istrla Hamburg, April .M ■■ - El Alba New Orleans. May 2 »or»« Apache Jacksonville. May 4 Clyde SUNDAY. MAY 8. 1 -Baltic Liverpool. April 30.. Whit- Star •California Glasgow. April 30 A . nc^ o ' UGMCOfM Havre. April 30. . .. . . - . .1 rench Antonio Lopez .. . Barcelona. April 26. . . -^P a " lstl Comal Key West. May 4 MalI °fJ El Norte Galveston. May 2 So Pac Cof Savannah... .Savannah. May .". ; .. .Savannah Iroyuols Jacksonville. May .> Clyda | MONDAY. MAY 9. j •7ulia v I -a iluavra. May 1 Red D .Korona".::. « Thomas. May 4. N. . .Quebec | •Caroline Sari Juan, May 4...N V & r X •P Frledrich . ..Jamaica. May 4. . .^ ••Hamb-Am V l( firUam Rotterdam. April 30.. -H.ir-Am \n----i • . Naples. April 20 Fabre rlan.V Antwerp. April 30- -- - Red Star Minnewaska London. April » ... -All Trans Bayonne Algiers. April 35 . .... . . — —— ) Pro teus New Orleans, May 4 so lac •Brings mail. OUTGOING STEAMERS. ! TO-DAY. Mai; Ve«s«l , Vessel For. Line, closes. sails. Arabic Liverpool. W S »:t»um '.t.>oaiu, Phiia. 'Southampton. Amer. .. 6:30 a m «**■»*■ Oeeana. Bermuda. Quebec... a m W:>* am Philadelphia. Curacao. Red D *»•■ "•*>" .-arat.Ra. Havana. Ward 10:t*»am 1 •»> m P a Withelm. Colon. Ham A. 11:00 am [.<>» pm < Caledonia. Glasgow. Anchor.. !;! pm Finland. Antwerp. Red Star.. - 11... am kar. Naples. N 0 LJnyd.. ll:ot>am i.iis ;ina. Naples. Lloyd-Ital..- S Prince. Rotterdam. N W T Co — — - j Comanche. Jacksonville. CUrde -— - 1 :00 p m Concho. Galvest.n. Mal!or>-... ■ 12.00 m MONDAY. MAY ft Coppename. Paramaribo. DWI. 1 1 <*• am 1 •»> p m TUESDAY. MAY 10. Kar Wil. 11. Bremen, N « L 6:30 a m 10:00 a m j Qu Alexan. Montevideo. .!'.::•>«> m S:«>pm| Desterro. R Jan'ro, ' Hara-Ain.ll :>»> a m 1:00 pm , N Amsdam. Rot' dam. Am li>:lK>am j Hamburg, Naples. Ham-Am — 11:00 am, Italia. Palermo. Anchor — — Oceania, Naples. Italian. . — 12:»H>m Vumuri. ClenfueKos. Ward... .12:00 m Cof Savannah. Savannah. Say — 3:'*' m | Apache. Jacksonville. «3yd»... t:oopm < TRANSPACIFIC MAILS. Close In N. T. . l>?stinatir>n and steamer. P.M. I Japan. i 'orea, China >vii Tacoma)- > Protesilaus May 13. C:oO j SHIPPING NEWS Port of New York, Friday, May 6. 1910. ARRIVED. Steamer Prometheus (Ger>. Rotterdam April -«. ! to Philip Ruprecht. In ballast. Arrived at the i Bar at 11 p m. sth. j steamer l\-avaii *Dr). Iqultos Apr:'. 11. Manaos 16. Para •-'!> and Barbados 27. to Eooth t & to. with I passengers and mdse. Arrived at I th-? Bar at 1 a m. I Steamer I'ubani (Cuban). Matanzas April -I. ■ Cardenas 23. ,-a»«iia SB and Calr.arien May 2. M ■ the Munson Ss Line, with iv..lf. Arrived at the ; Bar at 11:20 p m. 3th. Steamer Chesapeake ißr). Baleh Fapan t Borneo* : March 4. Hatavia £>. Port Natal 31 and St Vht cent (C Vi April* 22. tr. Philip Ruprecht. with; benzine. Arrived at the Bar at 1 am. Steamer City of Columbus. Savannah May 3. j to the Ocean m Co. with passengers and ■*••» I Left Quarantine at 5:13 am. v } Steamer Santa Marta iHri. Santa Miirta April i 27. Colon 2I» and Kingston May 1, to the Tnlte.l j Fruit Co. with "•:• passengers and fruit. Arrived • at the Bar at «:."i4> a in. •■ Steamer Alliama. Cristobal April ."A to the j Panama n R Ss Line, with ill passengers, , mails an misc. Arrived at the liar p.. I am. Steamer Texan. Puerto Mexico April 14 anl • Philadelphia May 5. to the American-Hawaiian ' ! Line, with miTu Arrived at the Bar at, noon. Steamer Saba (Br». Trinidad April 27 and | : Grenada 28, to the Ti»nida.i Shipping and Tra^i- j ing Co. with s passengers. malls and mdi*. ; Arrived at the Par at Il:.1f> a m. Steamer Charlotte Bluniberg («;er>. Margaretta | ■ Island April 25. with mnßneslt^ ore to th« i American Carbonate Co; vessel to in West India I Ss Co. Arrived at -the Bar at ll.:!Oa m ! Steamer Jamestown. , Norfolk, to the ■ • d Da minion Ss Co, with am Left Quarantine at ; 4:00 )i m. Steamer Monroe. Newport News and Norfolk. ; to tjie Old Dominion Ss Co. with passengers and j mflse. Left Quarantine at 3:12 v m. *. t Stearcer Morro i'a»tle. Vera Cruz April 2S. | Pn>giojo ■An and Havana May '.'. tc. th« New j York and Cuba Mail Ss Co with l>>r> passengers, j I malls and nid.«e. Arrive! at the Bar .i- 2:4H : | r> m .•'.;. Steamer El Dorado^ G.ilveston April SO. to the I Southern Pacific Co, with in. is,- Left Qiiaraa j ; tine at 4:40 p m. . _ Steamet I. a Savon »Fr>. Havre April ?,0. t> ! the French Lin-', with passengers, malls and ' milar Ten mile* east of Fire Island a; 9:3Opm. J Steamer «"r!ipan3 ißr>. l(iul<juf February "jr:. i I Arlea 27. PUafrua March _. Tocoollla 1<». Anto ; faita«tH 12, Taltal l">. c !..i.,ro 17. Talcahuano ' 1 2i> and St Lucia April lv via Norfolk .!• and I Baltimore May 5. to 1» R Grace * c.>. with; 1 in< ><. An-hored in Quarantine -it t>:(ls p m Sandy Hook, N J. Miv a. »:K* a m -Wind I ; northwest, light breeze: clear; light sea. SAILKI*. Steamen Prtaa der Kedatrtandea d>utch». Port au-Prince, etc; Panama. Criaiobal; Monterey. J Nas«au and Tamplco; Tee»dal« illr>. New,',x>rt ! News; Atlantis iN>: >. Klpi Bay: El Sad, Oal veston; Oklahoma.. Port Arthur: Mohawk. Chnrlenton and JackaoMTlito; Asia <Ger> New port News; Jeffers«'n. Norfolk and Newport «*" STEAMERS AT FOREIGN PORTS. arrived: .Bermuda. May '•. 3 p m— Orotava .R:> New York. : Rotterdam, May •'• I a m — R.vndam |l>utch», N>\\ York via Boulogne. . l .l.ii:. May ( !r aooia iHr». New York Montevideo. Ma] «— Moadowneld |Br>, New Tori lii Newport News. ; Bristol. May rt— Chicago rtty ißr>. New York I Naples. May .1 — \n,,. i.\uit>. Now York Cape Town, May «i — Askehal! inr>. NVw York i port Natal. May f, Cambjraea ißri N>w York! , via St Vincent. C V fo r Manila: TannenMs i KSer), NVw York for Padan<. K<ta\tit. etc. SAIL£D. Southampton, May i; i »4. m-Kal«erln \ujruste .Victoria t'>r> ifrora ilamburai N>W York v I i cii.rt ••urn Hull, Slay •"• Idaho iKr>. New York; ■•).•: »r.r». New V< rk. : •■oi.lchux. May 4 1>..-..,, ,):r> New York Horta. May 2— Veoeala «Fr» (front Naples). New York. v -1:1. , Lizard. May rt-Cyinbeline «Isr>. New Y.>rk fur 1 London. : - AMUSEMENTS. ! FHPU ' «»»««'» IN WAX. NKW (iROHH l-UCfl < IM . >I %n»,.i; MM Kach Mr I Ul'ilEEi KEtt'tS, th« famoua "White Togl.'" Like wheels within wheels our Boys' Stores complete the circle of even thin % men and lx)vs wear. Make it convenient to get everything for the boy nith >hopping around. Style, Quality, and Mai j that we know will stand any parison -shop around as < ii please. For example: Norfolk S . of olive drab khaki, the color re cently adopted by the f >. Army, are but $f>.so in sizes 7 to X- Khaki, you know, makei most serviceable suits — is ab*> lutely fast color, and always re mains soft and pliable wa^h it as often as you will. Rogkrs Peet & Com pan v, » Three Broadway Stores at at at Warren st. 13th st. 34?h st AMUSEMENTS. NEW YORK'S LEADING THEATRE** S!irC?S« c S FMDidl Pwa? and 40th Ft. Ev : s. MJ t-mnnC M ,-, To-day and W.d.. 2:1T.. ALL STAR CA=T {* A O r •£* in T W, R"b^r:#or»-J ■ i\ *) f H Famous Comedy. • m a «-» ft ARRirif 35th r't.nr.B'Ti-ay. ' Mat?. Werf UHnniLrl\rio<«€d This Weelt. I A Pat..-:1" M\l JIOXDAV ■ P«a»^ Saw Hwfißi PitLLER irn^ba'nri^niff." I YPCIIM B- -a;, an! 4.v St. At s.tt> L I LrtUlYI Mars This and -at.. 2-153 pliini nnrnny Melodramatl'- farcai unAnutd bncnni -thk spitfire.- Hudson ;lat3; lat3 To .day and Wed.. 2:U Thejpendlhrify^ n ii c n i v Matln.e To-day. 2:t» "At tender as Little Lord Fauntleroy FRANCIS WILSON S^S^; THE B.%f'HELOR'!* BABY. KNICKERBOCKER Bw^^V s £?r a LAST | Best of All Musical Plays. m^htVi THE DOLLAR PRINCESS r»\RLE.S DU-MX.MAMH Montgomery PI fiaCß'way .<- 4«th St. and stone LUOt Eves. s 13. hi TIIK OLD Matinee To-day at 2:15 TOWN. NEW AMSTERDAM 4 £^S Last 3 Week* "MME. X" Thi- Va«* Matinees To-day and I HENRT W. SAVAOS Wednesday. 'Z. 13. • offers \^ MADAME X ijrui vnoif B'way * ■*■ St. Eves. V.13 KtW lUnrV Mats. To-day & 'vV.vl.. J:I3L VALESKA SURATT THE GIRL WITH HI WHOOPIItS COUGH TO-MORROW MCHT, »:30. Seats Se!IUl» VICTOR HEKBSiRT onS Ri ! IDCDTV Was! 4-1 Street. Ev#. ■ 15. Liocn i i Mats. To-day & WM. at 2 LAST 7 NIGHTS AT THIS THEATBS. BEG. MAY 16 AT KNI-'KERBOCKEF SKS THE ARCADIANS "Don't mi«- It at any «•.»•?." -.. >: ffr^T^jLjL t? wtf»olfM»nftkL lCV«i ifri r~* -*-?£■ A B. WM» || THE CLIMX Wed.. -:-<>. 11 Ey Edwarii I.orke. HIPPODRGV Entire Block r- ■. r - 91 I'a.i-. Mj: . - 3 $1. Evs.. - . Krt;r» Clr .- HaileDrassler>S- DALY'S. R->- • "»th. Evs ft:*ot Ma:.To-r!nr no ivni P HrPP?£ t» a matw* ee idol. UB WULr lUrrX.. M trti liain ITiirn N.v7iM' iv\-? 1 Evs.*:3t>. 3tat.T©-day.2:Si>. 39V! ,.v: '- Mm€> IJ 1 7||Unya » ift!» I.YRIC. -lie!. WT.or By. Ev>:ir.. M.it.Tn-dar. Clyde ritch-s TMr; n;Trf Last W«ek Here. Greatest Raj I™C tit I I Nxt.Wk. H:it-k^tt. I.VRII . Tuf^.. Mat 10 ! All Star Prp.lu<tion SEntiiXow. :•■' to $2. J JIM THE FENMAN. Maxlnr KllioftV nr. E y. ~3fat.~T»-«!ay. -.S?h_U .JLOUT-i_HUSB4HDS "I%S Rriwdif ).*. ttst. By. Ev. hU, Mat. To-t'ay. m 'JOUTBABSEIQBS^^Eaai 9i?ES UMOr. B\v & :iOth Eve. *T2i>. M.itTa-iir CYRIL SCOTT in THE LOTTERY «AH «'.%SIXO. FTy & .-50 th. Kv. «1.-.. M.it. To-.!iV WMITNEV Tyg nunr-ni *T> SOLfljg If MM,, StJK. al ->:«j Twl'» r>a!!v. i;1--.-4:l3- GARDEN ROW Only 7 Dim Mnrv. Buffalo *£\ Farewell IO T £T BlL^feto^ BILLS WILD ■■$&;\*jfmi ] FAR WEST X^g^t^^ EAST I-i-t >Jliir«h;> '!h««n-.jn«U lurnr.l l« ■«♦ *t soth performances. ■|Ml..n- for your ,««:it« a— S. SeßsattOlH — ThrUls — Hurruhs -- row- Soys — Indiana — Rl.lt r« — Cavalry — R.itt!» jf Summit Sprlnss — T'ralne Kir© — M:'.i::»ry rniimamcnt All Nations. Prices. _•:.. ,"A-.. 7.".0.. $1. $t ."••> aocorcltn* lo location. n<«x Seat*, Ju'.."^. chil^ron. M.<tr Prii'<- to Manila Only. l.c» ihf > ■ amaMl See i:niT;«li> Hiii For r 1 .• imm nmm, -■'■ • _'? ACTORS' ai S^SS a L. \( J'^ -?>t KEGT. ARMORY r A 1 1% 3tth St. A Park *v». THF. r.nEATKST li.vZAAR AND SPECTACLE EVKK MKLD K\II.MKI('K.\I' > I'resn'.ent DISPLAY OF" 3 T.*KT ATTRACTIVE. > will ln»uguraf» ORX.-%SSKNTAL > Vtr F.«ir— "> 1 * 1 * AM' rSV'Kft. -» The.itrl.al fi>lK IRTICLESK J wll! participate. « I>.\Y* OMY I>:it!v 1 t« R i>. m. anil ":''O p m. t» 1- m. AiMn. rjv-: imuij »t**t» y>c rxtr.i Tickets :u>\v at all Hot" Stand*. fiCTfID ""way. 13th Sr. i:v.<» I.V Mt^ Today i-iO i UrS«>t W.nl.. -^:ir.. \V*.! Mat.. .".I >c -*!.."•'»• r«n,«iy tut UUH DAYS In 2O Vrnr^. _ _ . _ iXrHilidU) uf : Mnoir. Brnin Mat. U"frf..."<> *-•"'• ;^, THE Uftl rr,;; must Trio** -*«-'_l <> *'-__ M I? . Tivlav-.S. _Ey J _*lP: WaMw ; «.rKv «*: ir». SlataiTo-itay A \\%ml.l 1^ I J. Waraer in^/<aj Jimmy IfaljajMi I«VK» IVl««or.rr : Mil 4tth St Evi"l *'•* O riVVKSAN I |M» T.-.lay * Thur*. T.t*f pavitj nKLASCO prc»uits T£]£ ''1 V (k\st •: weeks) I ria. fc**_*. I i\Til fItVR% \ -Toll"* >t«-?ror * C. fc . .T«ct I |;v:L;' I.Uv. I >* • \\ . H" AHMERSTEIVS JSS&K !%$& . BEKT WILLIAMS. Frank JT-riell. •»th«r*.