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Reply to Attack Tammany Schneider, as Spokesman, Says Opponents Advise Justice as Referee Fill Equally Important Post Calls Reversals Small 76 Upsets Out of 5,000 Trials and 10,000 Motions Is Rated as Infinitesimal The statement issued by Tammany Hall on Thursday, calling the record of Supreme Court Justice Newburger poor, was characterized yesterday by non partisan groups supporting Justice Newburger es the best campaign docu? ment which could have been issued on behalf of the veteran jurist who was turned down by Charles F. Murphy to make way for Irwin Untermyer. County Clerk William F. Schneider, ?jhairman of the combined organiza? tions supporting Justice Newburger and Judge Smith, of the City Court, who also was turned down by Tam? many, said the statement showed the criticisms provoked by Tammany's ac? tion ha?l cut deep and aroused a feeling cf insecurity. The Novelty of an Explanation "The statement was novel in that it was the first time Tammany Hall has found it necessary to explain to the voters of New York why it refused a renomination to one of its own mem? bers.'' said Mr. Schneuler. "But the statement does not go far enough and give us the real reason why Justice Newburger and Justice Smith, and also Justice Allen, were turned down. But the constantly growing feeling of dis? content in the ranks of Tammany Hull itself convinced the leaders that some? thing; had to be done to stem the tide that is rising against them. "Tammany ascribes five reasons for its refusal to renominate Justice New? burger and not a single reason for Justice Smith's turndown. The first and most important reason for Justice Newburger'a turndown is given as "his official record is bad." Let us examine and look ir.to this statement made by John R. Voorhis, president of the Board of K'ections: Tammany Men on Newburger "Certainly, this statement might have come with better grace from some or the prominent lawyers with? in Tammany circles. Was this alleged 'bad record' not known to the Tam? many lawyers whose names appeared on the petition issued by the Bar As? sociation putting Jutice Newburger in nomination in the Democratic primaries ? "At the head of that committee I find the name of James A. Foley, Tam? many's candidate for Surrogate; John Godfrey Saxe, chairman of Tammany's law committee; Morgan J. O'Brien, former presiding justice of the Appel? late Division of the SuDreme Court; James A. O'Gormanfi former associate of Justice Newburger on the Su? preme Court bench; David Leventritt, Delancy Nicoll and John K. Stanch field, gentlemen whose legal attain and wide knowledge of the law entil their endorsements to the earnest consideration of the voters of this city. They must have known the legal capabilities of Justice New? burger. for they have practiced be? fore him for many years. 7ti Reversals Infinitesimal "A table is submitted showing the number of times Justice Newburger has been reversed in comparison to four other judges. Is the comparison fair in view of the fact that Justice Newburger has presided over five thou ?-:-? ? ils and ha.- passed on over ten : . tions, and out of this tre? mendous amount of legal questions, in? volving every conceivable kind of ac? tion a-, law, they can find only seventy six reversals or modifications? Cer? tainly the number is infinitesimal. "'It;.;, speak of non-indorsfcment of Tammany judges by the Republican party. [n 1892 the Republicans in? dorsed Justice Giegerich, a Tanfmany judge; in 1901 Morgan J. O'Brien, in 1905 Justier- Newburger, again in li>06 Justice Giegerich, in 1910 Justice Dele hanty for the City Court bench and the sann- justice in 1915 for the Su? preme Court. It Was Not Always Thus "Justice Newburger'? age is given as one of the reasons for non-designation. Why did not this bar apply to Justice Dugro in 1914, whose age at that time was sixty-four and who can serve only part of his term, and who has served over twenty-eight years on-the bench? The man who presented the resolu? tions in the Tammany executive com? mittee is John R. Voorhis, who is in his ninetieth year, with a mind sound and clear. ''So age is not always taken into con? sideration by Tammany, for Mr. Voor? his is president of the board of elec? tions, a Tammany nomination, and was eighty-nine years old on his last birth? day. "They advise Justice Newburger to seek solace by accepting the office of official referee at the end of his pres? ent term. Referee's Work Just as Important "This office is as important as a judgship; therefore, if he is unfit to be a judge he is equally unfit to be a referee. "The reasons given by Tammany do not satisfy the public. So again and again the question is asked: 'Why was Judge Newburger turned down, Why? Why Why?' "Which Tammany leader will take his party and the public into his con? fidence and tell us the real reason?" The Tammany statement dealt with the referee position for Justice New? burger as follows: "Inasmuch as the law now permits his retirement and appointment as an ? official referee at $10.000 a year for the balance of his life, with the additional right to practice law, it does not ap !"'?'"' that he will suffer any hardship hy giving away to a successor who can serve the full term." m Bay State Candidates to Ise Military Title on Ballot BOSTON, Aug. 29.?War veterans who are candidates for public office in this state will be permitted to desig? nate on the official ballot the position which they held in the service, the bal? lot law commissioners announced to? day. The commissioners interpreted the phrase "any public office he has held" contained in the law to include military or naval service. The desig? nation on the ballot will be limited to eight words. Holland Refuses to Take Part in Belgian Peace Fair PARIS, Aug. 29.?The municipality of The Hague has withdrawn its exhibit at the Brussels Reconstruction Exhibition because of the controversy between the Belgian and Netherlands governments over the revision of the treaty of 1839. By Government Refuses to Reveal Mooney Data Secretary of Labor Declines Re? quest of House as Against "Public Interest" New York Tribuns Washington Bureau WASHINGTON, Aug. 29.?Informa? tion regarding the activities of the De? partment of Labor in the case of Tom Mooney, convicted of complicity in the San^ Francisco preparedness parade bomb murders, was refused to the House to-day as being "incompatible with the public interest" by Secretary of Labor Wilson in response to a reso? lution recently passed by the House and introduced by Representative Blanton, of Texas. a At the same time a hoax played upon Representative Blanton was revealed by a long circular letter addressed to\? thirty members of the House and Sen? ate, Secretary of Labor Wilson and I Representative Blanton. The circular, signed by "C. H. Ma thews, Capitol Park Hotel, Washington, D. C," who was really George Parson, an ?mnlove of the Department of La IB oaxety rirst tuu tonmimng mise in? formation and fictitious names were sent to Mr. Blanton, and how Mr. Blan- . ton used such names and "facts" in! urging the adoption of a resolution calling upon Secretary of Labor Wilson for further information regarding the : department's activities in the Mooney ', case. The "Mathews" letter declared that three union labor men adopted the de? vice of decoy letters containing false information to satisfy themselves that i I Mr. Blanton's utterances were "fre ! quently based on irresponsible and in 1 competent data." Woman Clubbed bv Brooklyn Police. Says Union Leader Shirtwaist Factory Workers Stoned During Strike; One Woman Is Injured: Gas Walkout Continues Accusing the police of employing violence agaAst strikers and beating' pickets, Henry Jager, leader of the 8,000 striking paper box workers in this city and Brooklyn, yesterday threatened to take the "matter before Commissioner Enright, with a demand for an investigation. One of the po? licemen clubbed a woman, Jager says. According to Jager, more than twen? ty-five employers of the ?50 affected by the strike already have settled with i the union, accepting its demands. The | demands are for a forty-tour ho\ir week and a general 'i? per cent in- ! : crease in wages. The employes now ! work fifty-five hours a week, and their wapres range from $10 to $25 a week. They also demand pay for all legal holidays and double pay for all over? time work. A volley of vegetables fired by thirty striking employes of the firm of Bob & Baskind, 9 Wythe Avenue. Brooklyn, shirtwaist manufacturers, greeted loya! ? employes of the plant when they tried | ' to enter it yesterday. When the supply ! of vegetable ammunition gave out the strikers resorted to sticks and stones. Two policemen on duly found the job too much for them and sent in a call i for reserves to the Bedford Avenue | station. Woman Striker Pined Fannie Shapiro, of 110 North Seventh j Street, was cut about the head and ! face. Katherine Kareluk, twenty-five ! years old, of 105 North Seventh Street, a striker, was arrested. She .was taken I before Magistrate Dale and fined $10. The beginning of the third week of ? the strike of 1,200 employes of the Brooklyn Union Gas Company, yester- ' 1 day, found the situation unchanged, after efforts had been made the day j previous to settle the strike. A con I ference between represntatives of the : men and the company ended in failure : when, according to strike leaders, the company refus? i to deal with the men ; as a body affiliated with the American 1 ' deration of Labor. The conference took plate at the main infice of the : company. 176 Remsen Street, arid vus ? attended by a committee of thirty strikers, headed by Prank Killorin, pre dei I oi the union. Organizer Roach, fur the American Federation of Lai or in this district, was also present. ; The company was represented by its i main and shop superintendents and E. J, Byrne, John White and F. A. Lewis. Roach's Presence Objected To According to Mr. Killorin, Mr. White, at the beginning of the meeting, ob? jected to Mr. Roach's presence, saying the company would not deal with out ! siders, and then announced that the '?company was ready to compromise with i the strikers provided they did not in ' sist upon union recognition, whereupon | the strike committee withdrew from the j conference. The Actors' Equity Association, it I was announced yesterday, will send a number of players to participate in a show for the benefit of the strikers at tin Brooklyn Labor Lyceum next week. Two hundred machinists and twenty pattern makers went on strike yester? day at the A. B. See Elevator Com? pany' plant in Jersey City. They de? mand an eight-hour day, 80 cent an hour and a closed shop. Early in the summer the pay at the plant was ad? vanced to 69 cents an hour for a nine and a half hour day, with the condi? tion that an eight-hour day would be granted October 1. (-? Hearst Declared Backing New Brooklyn Insurgents Second Group of Democrats Organize ax Independents to Fight MeCooey A second group of insurgent Demo? crats in Brooklyn made their presence known yesterday to John H. MeCooey, leader of the Kings County annex to Tammany Hall, -vhen they put a com? plete county ticket in the field and j adopted a platform and a title. The new : organization will be known as the Peo? ple's Independent party and is ?aid to be backed by William Randolph Hearst. Edmund O'Connor, Commissioner of ' I Records, is head of the new party. He ' ? a candidate for Register on the ticket, and is an old Independent League leader. The others on the slate also are former Hearst lieutenants. The platform's chief plank echoes the old cry of the Hearst papers: "Light wines and beer." It also fol? lows the Hearst papers' lead in attack? ing Governor Smith. Other planks de? clare for municipal ownership, end of British rule in India and Egypt> and independence for Ireland. The county ticket follows: Supreme Court Justice, Robert Stewart; Judges of the County Court, Francis L. Carrao and Fanny C. Brothers; Surrogate, An ? drew Byrne; District Attorney, Alex? ander S. Rosenthal; Sheriff, John J. Shanahan; Register. Edmund O'Connor; County Clerk, David Hunter. ? m ' Army Bill Passed WASHINGTON, Aug. 29.?The Ad? ministration bill authorizing the War Department to retain 18,000 officers in the army until next July was passed to-day by the House. It now goes to conference. i I. R. T. Workers Waive Demand For More Pay Wilson Appeal Is Heeded by Brotherhood Offieials, Who Agree Not to Press .for Other 25 Pet*. Now Pledge Aid in Pri?e War' Amalgamated To Be Given Bitter Contest in Its Effort to Win Away Men The 15,000 members of the Broth-; hood of Interborough Rapid Transit ? Company Employes have agreed to waive for the present the additional ; 25 per cent wage increase to comply ! with President Wilson's plea to help; reduce the cost of living. Patrick J..Connolly, acting president; of the brotherhood,-together with W. j B. Mangan, the brotherhood secretary, and other general delegates, held a conference yesterday in the office of Anthony J. Romngra, attorney for the organization, and virtually decided to let wage matters take their natural course from now on. The strike settlement gave the em? ployes a flat increase of 25 per cent ; with another 25 per cent still to be arbitrated, in case the company of- ! ficials would not grant it. After ai meeting with Prank Iledley, vice-presi? dent and general manager of the Inter borough, on Thursday, the brother? hood leaders decided they would not push the demands. Romagna explained that the em- ? ployes will take up their grievances I within the departments. Adjustment of svages and working conditions will be made with the department heads | themselves, Romagna said. When thc>e fail to give satisfaction the em? ployes will carry their demands to j their delegates, according to the con- \ stitutional rights of members, and the ' demands will be brought before the company officials. The variety of minor adjustments ' to be made among the rank and file of employes will carry the matter over ! until October, it w-as said. No definite appointment was made for presentation of further wage demands to Mr. Hed- ? ley and it is probable that future nego? tiations will be made through the brotherhood attorney. Mr. Romagna. The employes wii! hold a mass meet-*' ing at Queensboro Hall next Tuesday, when the leaders and delegates will hear expressions from the workers. Brotherhood leaders said yesterday the organizers for the Amalgamated As o ciation of Street and Electric Railway Employes were still active among the carmen, especially among the shop workers. They said they would make every attempt 'to check the efforts of the "outside union'' to enroll Inter? borough employes. Scale Won in Strike Ratified by B. R. T. Men Lhanee of Another Walkont Is Slight* as Leaders and Men Agree to Arbitrate All Issues Employes of Uhe Brooklyn Rapid Transit Company held a mass meeting in Arcadia Hall last night, mid ratified the new sea!?', granting them a 25 perl cent wage increase. Patrick J. Shea, of the Amalgamated Association of Street and Electric Rail? way Employes, and organizer of the B. R. T. strike that forced the wage in? crease, put the new schedule up to the men with the assistance of Louis Fri diger, attorney for the union. The carmen struck for 75 cents an] hour, but the maximum rate an In.im- in the new scale is t>2 cents. The leaders explained that the B. R. T. employes were well within the standard of wages paid other New York carmen, and said there were many points still to be taken up with the company official--. Frederick P. Royce, general manager for Receiver Lindley M. Garrison of the B. R. T., estimated that the new schedule would cost the company an additional $5,000,000. Whether the com? pany would have sufficient funds to meet the increase is still a question, Mr. Royce commented. Amalgamated leaders said strike possibilities were more remote than ever on the B. R. T. system because of the disposition of the men to arbitrate, further disputes. Demands for more wages would depend entire? ly on what the Interborough would do in the future, it was said last night. Both employes and union officials agreed that the conditions are alike on both sides of the river and that in any event the B. R. T. men would ap? peal to Garrison and Shea first if liv? ing conditions should demand an? other advance. The rew rates will be as follows: For motormen and conductors on sur? face lines, 52 to 62 cents an hour the former rate was 41 and 49 cents. Sub? way and elevated guards who received 3i> to 41 const an hour will be paid 52 cents an hour. Subway and ele? vated conductors formerly getting 4.'i to 45 cents an hour will be paid 54 to 57 cents an hour. There are about 350 different rates among the shopmen, which will be adjusted later, as will the question of the basic eight-hour day. The new schedule embraces a tentative nine hour day, against the former standard of ten hours for a day's work. ? Jud^e G. W. Ray Strieken With Paralysis at 75 Roosevelt Appointed Him to Federal Bench; Life in Danger, Doctors Say NORWICH, N. Y., Aug. 29.?George I W.'Ray. United States District Judge of the Northern District of New York, was stricken with paralysis at his home here to-night. Judge Ray is uncon? scious and doctors say there is little chance of his recovery. Judge Ray is seventy-five years old and has served as United States Dis? trict Judge since 1902. Prior to his appointment by President Roosevelt he was a member of the House of Representatives for manv years and was chairman of the House Judiciary : Committee. For thirty-three years he was a member of the Norwich Board of Education and president of the board | for twenty-five years. Gen. Wilkins Transferred Brigadier General H. E. Wilkins, who has been zone supply officer in New York since the summer of 1918, has been ordered to Chicago, it was i announced yesterday. He will be | chief zlone supply officer there as I colonel, his rank in the regular army. I General Wilkins helped organize the I supply system in France for the suc? cessive drives which preceded the j armistice. i Boston Labor Unions Pledge Aid to Police , ] I More Men Are Tried for At tempt to Organize, but De? rision Is Deferred j BOSTON, Aug. 29. -Eleven members j of the Boston police force were placed | on trial to-day before Commissioner Curtis on charges of violating, depart : ment rtilea b. joining the lew police I union. The commissioner has not vet ? announced his finding in the cases of eight patrolmen, including the six offi? cers of the union, who were before him on similar charges Tuesday. After pleas of not guilty in behalf of the policemen and a few questions by the commissioner, to which counsel for the patrolmen answered agreeing to the correctness of the facts charged, the cases were closed. Com? missioner Curtis announced he would i announce his decision simultaneously in the cases of all the officers who j have been tried. Union leaders predicted that in the ? event of a strike by the policemen to \ enforce their claim of the right to I organize the city would face one of I the most complete labor tie-ups in j history. Employes of the elevated and j surface lines of the Boston Elevated ? Railway system voted to support the ! policemen to the extent of a walk-out ' if necessary, and it was announced thnt the Hotel and Restaurant Em- ? ployes' International Alliance and the ? Bartenders' International League had taken a similar position. .- # ? Socialists Meet To-dav to Draft Party Platform Call for Social Revolution and New Internationale Excluding Majority in Germany Chicago Issues CHICAGO, Aug. CO.?Two hundred delegates representing the American j Socialists will assemble here to-mor- j row in national conv ition to organize for the coming carr gn and draft a national party platform. This latter undertaking promises to be especially difficult, as since the last national convention of '.he party and during the war the "regular" organiza-! tion has been torn by schism and in? ternal dissension and inability to agree on party principles, while the entire membership in seme states has been suspended and charters revoked. In addition, seven foreign-language federations of the> party have broken with the old organization. These feder? ations are the Russian, Ukrainian, Lith? uanian, Sotfth Slavic. Hungarian. Let? tish and Polish, which are said to repre? sent a membership of around 35,000 Socialists. N?one of these revolts, however, will affect materially the membership of the cor.veiitioa, it is claimed, as the d le? gates are elected on a basis of the membership of local organizations, and the d?fection o'- one would merely add to the representation from another. The latest discord is said to have grown oui of a rcfei endum elect ion ? ' a na? tional committee, in w hich by Hot g the present partj administration alleges frauds, while the "left wins'' and "com? munist" groups charge unfair cot ting. A special committee of (ifte'en, of which William J. Brandt, of St. Louis, is chairman, was appointed to investigate charges of fraud made by Adolph Ger? mer, national secretary, and will_report to the conventi m that opens to ?rrow. In connection with the drafting of-a platform, the prospects are that one of the main controversies will revolve around the question of whether planks shall be included containing immediate demands for the improvemenl of work? ing conditions or declaring for "social ???.?volution" without specific and im? mediate Socialistic steps. Another question will be whether American Socialist- shall affiliate vith the international Socialist movement, and, it' so, wha features the interna? tional movement should embrace, it is expected, according to Secretary Ger? mer, that the executive committee will recommend to the convention the call? ing of an international Socialist con? ference for the purpose of organizing a "third internationale" which would: exclude the Majority Socialists of Ger- j many and all kindred organizations be- '. cause ' !" their failure, as claimed by the ; American party, to stand by the prin ciples of Socialistic internationalism during the war. It would admit to par- : , ticipation, according to Mr. Germer, the Independents and Spartacans of Germany. -.-? Young Woman Charged With Carrying Revolver - Dorothy Pearson, 19, Arrested; Had Been Talking With Crooks, Say Detectives Dorothy Pearson, nineteen, blond I and pretty, spent last night in a cell at the Mercer Street police station, charged with carrying a ;',N-calibre re | volver, fully lotuled, in her skirt pocket. Detective John Kelly, of the Mercer ? Street station, and another detective ; saw the girl at 4 o'clock yesterday afternoon at the corner of Thompson and Bleecker Streets, talking to two men ; he says he recognized as crooks. When they saw the detectives the men walked away. Kelly and his companion followed , the girl. She led them to a door of a tene? ment at 20* Sullivan Street, which she entered. They waited for her, and ' when she came out she told them that I she lived there. When neighbors could not identify her Kelly arrested her. The matron of the Mercer Street station found the revolver in the left hip-pocket of her skirt. The girl said she had found it on the roof of the Sullivan Street tenement. ?--? Tells Court Arm Grew Numb Waiting at 'Phone i . Clerk, However, Says Irate Man Had Strength Enough to Jerk It Off Wall Edward P. Myers, of -J-12 West Sev? enty-second Street, was arrested last night because, according to his own explanation, his arm got numb holding a telephone receiver. The clerk in a drue; store at 384 Manhattan Avenue, who caused Mr. Myers's arrest on a > charge of mrflicious mischief, averred, however, in the West 123d Street police station that the prisoner had used abusive language and had pulled the receiver from the telephone with such vehemence as to yank the wires out of the wall. This was denied by Mr. Myers. He had had scarcely a chance to use any language at all, he declared, in the thirty-hve minutes he had spent trying 1 to get a connection. After twenty min : utes, he said, a feminine voice re? sponded to his earnest queries with [ "Number, please," and he then decided to call the exchange manager. Inside of five minutes he got a "supervisor," who hung up in silence after listening ? to his plea. He was still waiting, he j said, when >is arm got numb and the j receiver was dragged down accidentally. i He was released in $500 bail. Hylaii Hints I Nixon's Act !Was Crime ? on tin tied from par?? t Nixon has exceeded his power. In April, 1918, the Court of Appeals held ?n the matter of Quimby that the Pub? lic Service Commission had not been clothed with power to grant increases of fare fixed in franchise contracts, and m the more recent case of the Inter? national Railway Companv of Buffalo, decided July 15, 1919, the Court of Ap? peals solemnly reaffirmed this doctrine. "Admitted Lack of Power" "In the opinion which Commissioner Nixon rendered accompanving the or? der of July 15, 1919, authorizing a two cent transfer charge, Commissioner Nixon in substance stated that he con? sidered a charge for transfer wholly unreasonable under ordinary circum? stances, but that he was compelled to make an order of that kind for the reason that he had no power, without consent of the city, to grant flat in? creases of fare. "By issuing this order Commissioner Nixon has proceeded in defiance of the law as authoritatively and finally con? strued by the highest court of the state. He has made an order which the Court of Appeals has solemnly held he is without power to make, notwith? standing his admission in the transfer case that he had no power to make a flat increase of fare. "In my judgment it is intolerable that a public official should assume to issue an order affecting the rights and interests of the people of the city, in deliberate disregard of the law. Noth? ing is more calculated to breed disre? spect of law and to encourage disorder than when a public official thus usurps power and violates the law which gov- i erns his powers and duties. Quotes Penal Law "His action would seem to be in vio- i lation of the provisions of the penal | law of this state, and in particular ' Section 186(5, which in so far as perti- '? nent reads: "'An officer . . . who wilfully! disobeys any provision of law regu- j luting his official conduct ... is ? guilty of a misdemeanor, punishable ? by a tine not exceeding $1,000, or i imprisonment not exceeding two ! years, or both.' "I hereby request you to consider if more summary action cannot be taken ! to protect the public against this un- j lawful order. I call to your attention that under Section 26 of the Public : Service Commissions law any charge! made by a street railroad corporation in excess of the mount allowed by law i is prohibited. You also will note that I under Section 56 of the Public Service law any street railroad corporation which violates any provision of the public service law shall forfeit to the people' of the State of New York not to exceed the sum of $5,000 for each and ? every offence. "You will also note that Section 56 j of the public service law further pro-j vides : '"Every officer and agents of any | such common carrier or corporation who shall violate, procure, aid or abet any violation by such common carrier or corporation of any pro? vision of this art, ... or who procures, aids or abets any such common carrier or corporation in its ! failure to obey, observe and comply with any such . . . provision ? .-hall be guilty of a misdemeanor.' "The provision of this franchise as to the rate of fare, which is five cents, is well known to the New York and North Shore Traction Company and its officers and directors, and any increase j by order of Commissioner Nixon clear? ly appears to be a violation of Section j 56 of the public service law?* "Equally plain is the language of j Section 23 of the public service law, which in effect provides that an order, of the Public Service Commission shall, not be valid or effective if 'such order be unauthorized by the public sen-ice law.' Says Order Is Yoid 'The Now York and North Shore uey charge more ??-?.*..? fare they do so at their peril, as the ? acts of any officer or agent of the com? pany in furtherance of a void order of this kind, punishable as a misde? meanor, are directly applicable. Im? mediate action should be taken m or? der to protect the people living in all f parts of the city from being imposed upon by unauthorized fare increases through'a similar usurpation of power and disregard of law. "I request that you give notice to the company immediately not to increase fares over these lines under the order' issued by Coramisaioner Nixon. Pro? ceed in this case and protect the In? terests of the travelling public with the same energy you have in all other matters." The letter of Commissioner Nixon which provoked the foregoing was re? garded at the City Hall as much an attack on Mayor Hylan as it was a defence of the increased fare order. Mr. Nixon quoted the Quimby decision to support his position, as the Mayor had to attack it. The Mayor's chief point was that the order was illegal in that it was in violation of the contract between the city and tho trolley com? pany, which called for a live cent fare. The quotation from the Quimby case cited by Mr. Nixon was: "There are times when the police power modified a contract in spite of the contcnton of those who con? tracted." The letter of Commissioner Nixon* to the Mayor follows: "The receipt of your letter of this date, relative to the adjustment of fares on the New York & North Shore lines, ?s herewith acknowledged. "It is felt that upon further inquiry you will find that no overriding 01 the Board of Estimate and Apportionment Is evident. Says Emergency Demanded Act "An emergency existed which re? quired immediate action. "You will please note the following in the Buffalo decision: "'There are times when the police power modified a contract in spite of the contention of those who con? tracted.' "If you have any doubt in your mind as to my full power to grant the relief given you have only to ask the Cor? poration Counsel to bring the matter before the proper tribunal for decision. "Certain definite duties were as? sumed with this office, and while most anxious to cooperate with you when possible in my work such duties can? not always be kept in line with an opinion which you maintain as a prece? dent to any discussion. "The safety, welfare and comfort of the people, as well as property rights, required such action as was taken. "You personally attended a meeting in Flushing in June, 1918, where this matter was brought to your attention and where you failed to secure a sin? gle voice against the relief which this community in public meeting sug? gested. "Shutdown Was imminent" "The operating company had not money to buy coal for further opera? tion; the employes were clamoring for pay equal to that given elsewhere for similar service. In fact, a stopping of operation was imminent and unescapa ble. Possessing full powers in the premises, I could not permit this calamity to fall upon the people of this section of the city. "That some relief be afforded the company was only incidental to the broader purpose in view, which was tc prevent the serious inconvenience which would be the inevitable resull of the discontinuance of this service School children, workingmen and many who have built homes along the lines would be compelled to walk long distances to get to any means of trans? portation whatsoever and to pay rates of fare fixed by the Federal govern? ment greatly in excess of the rates al? lowed by the commission's order. "A part of this same system, ex? tending beyond the city limits, has under the order of tho Public Servie? Commission for the Second District a series of zone charges up to twentj cents for a single ride. Suggests Legal Steps "If you wish to take the responsibil ity of interfering with the rights anc ? comfort of the people it is your pre i rogativo to ask the courts to revers? my order. "If a public official, acting under ad vice of counsel and satisfied that i ! certain li?a of action is necessary ! must be threah'ned with a review o: his actions by the Governor by thos? who do not agree with him, all in dependence of action is destroyed. "Rubber stamp officials cannot com mar.d the respect and confidence o: the public nor conserve their own self respect. "It is reported in the public pros; that you intend to apply for a rehear ing. Should this be done the reques will of course be granted. Every op portunity then will be afforded to shov in what respects this order is un wise, unjust or contrary to law. "And if it be shown to be unreason able, unwarranted or illegal the orde made will be modified as justice re quires." This letter was in reply to the fol lowing, sent by the Mayor to Commis sioner Nixon: "On August 28. without authority o law or even notice to the Board o Estimate and Apportionment, you issue an order wherein you attempted t grant the New York & North Shor Traction Company an increase in far from 5 cents to G, 7, 8, 9, 10 and 1 cents, according to the zone. Thi order is in violation of the contrac obligation entered into between th railroad company and the people of th City of New York and against the law. | "The contract provides the 'rate of! fare for any passenger upon such rail- j way shall not exceed five (6) cents, and' the company shall not charge any pas- ! ? senger more than five (5) cents for one j j continuous ride from any point on saj^i ! ; railway, or a line or branch operated j in connection therewith, to any point | thereto, or on any connecting line or i i branch thereto, within the limits of i ! the city.' j "The Court of Appeals, the highest j court in this state, in the matter of ! i Quimby against the Public Service ; Commission on an application of street i railways to have fare raised from 6 to ; 6 cents in the city of Rochester held j that the "'Public Service Commission has no j authority to hear and determine such; ; application when contract between city I and railway provide-; that only five (5) ; cents fare may be charged.' Case Still in Courts "As you well know, an application j has been made to the Court of Appeals for a reargument of this decision. ! which motion is set down for hearing on September 29. The evlaent purpose '. of endeavoring to secure a reargument ! of this case is to secure, if possible, a i reversal of its former decision in the ' Quimby case, which denies the right i of the Public Service Commission to in ? crease fares. "Your deputy commissioner. Alfred j E. Barrett, held a meeting on the 23d ?day of August, 1919, un an ,.? ?? I of the New York and North Shore j Traction Company, and the deputy ?adjourned the meeting, as the record will show, as follows: "'We will adjourn this hearing sub? ject to the call of the commission.' "Evidently your commission recon i vened this meeting and issued the or j der for an increase of fare without ; notice to the City of New York, whom . you knew to be a vitally interested ; party. ' "In defiance of the law yon nave ! ordered a change in the terms of the j contract between the people of the j city and the New York and North j Shore Traction Company, notwith j standing the ruling of the Court of j Appeals that your commission has no I power to raise fares. Should the or i der issued by you increasing fares ? be permitted to stand, nothing would ! prevent you from issuing orders in I creasing the fare to Is, 10 or 15 cents on the other lines in the city wnlch arc i now held by contract to a five-cent j fare with the people. "Reverses Commission Decision" "On January 10, 1918, an application ! was made by the same company to the : Public Service Commission for an in? crease in fares. This application was denied and the commission held. . . that the rule, better supported by ! reason and authoricy. vests the com ! mission with no power to sanction or ; put in effect, a seven (7)-cent rate on ! the lines of the petitioner, in the ab? sence of proof of consenting action of ? the city authorities . . . "Your action has reversed this dc I cisi?n of the commission. "The Board of Estimate and Appor ! tionment. the directly elected repre ? sentatives of the people, refused to ! grant this increase in lare prior to the i tinte you took this action. You have, likewise, overridden the action of the i Board .of Estimate are! Apportionment. "I therefore call your attention to 1 the fact that you have issued an ordi r by which you are attempting *o in ' crease the fare of the New York & ; North Shore Traction Company witl i i the city limits of New York without ?the consent of the Board of E ?and Apportionment. '?That you assumed an authority tl * was not vested in you by law, : l you made an order atl in ptii ? to vio i late the terms and provisions of a ; contract entered into bi twei i v.'- ? ! York & North Shore Traction Com? pany and the'municipality of the City ! of New York; "That you illegally and in deroga I tion of the rights of I people of tl | City of New York at! 'mpi id to over | ride the action of the Board of Esti : mate and Apportionment of the if ; New York without ai thori y i f law; "That you have taken h act ; in direct opposition to a ri I ? I Court of Appeals of the SI ; York to the effect that the commission | has no power to ra "As Mayor of the Cit: ' New York I I request you to revoke and set aside ! this order for the reasons fe set ?forth. If this request made by i Mayor, acting for the people of the I City of New York, is not : with I shall feel that I would bi : in my duty to the people of th< City : of New York if I dm r. it imn call your action to the attention of the Governor of the State of New York. ' "Not Seeking Precedent" While Commissioner Nixon was ; framing his reply to the Maj i ter to him he issued a statin; mt in ! whic . he said: "As to discourtesy, we are never ? discou.-teous in this office. We leave that to our critic-." Thei. he added: "Of course tl ere : has been no desire "to I precedents. They are not ne< ; I i we have definite powers and our duties are clearly defined. Needless to say such powers will Le exercised as and when the needs of the city demand." The New York & North Shore Traction Company operates the great? er part of its line in Queens Coanty, running from Flushing to Whiteston? and Bayside, within th?? city limits. Commissioner Nixon divided the ter? ritory into four zones, fixing a mini? mum rate of six cents and the maxi? mum at II cents, depen'ient upon th? distance travelled. The patrons of the line for several months past have voluntarily paid a seven cent fare. Extra Fare Protestors Discharged by Court Without pas-ing upon the right of the B. R. T. to charge an extra fare to Coney Island) Magistrate O'Neill dis? charged yesterday in the Coney Island police court three men, who were ar rested 'r.:- disorderly conduct when they declined to pay the extra fare on May 11. The defendants were Samuel Kauf? man, of 1254 Forty-first Street; David Garson. of 1362 Forty-sixth Street, and Samuel Soacki, cf 1211 Forty first Street, ail member* of the -. Park Civic Association. Tha pa* rol man who arrested them ; that they "caused a crowd to collect" by jumping over the turn ee and calling to other passengers not to pay the extra nickel. Magistrate O'Neill dec:.led that dis? orderly conduct had not be?n proved. Holland Advocates Keeping AiJ Wages At Present Level Tells Governor ihe Cost of Living Should Be R?e duced; Sncr<r?i>->t-i New Eco? nomie Policy for State SYRACUSE, N V Aug 29--Hold? ing that wa | be kept at their present level and the e?. s: of living ba h?mmere ? down, Jam : P Holland, president of the State 1 leration of Labor, ha- ?J to 'lovernor Smith a new economic and industrial policy similar to that which Feder?! authorities ?nd ?ati nal labor leaders are coi - gton. The Governor, Peter J. Brady, of tha State Rece:: Com? ttee, and Mr. Holland had a long cor.ferenca here during the ? :- ? fed iration'a con? vent;'?::, ju it brought to a close. Mr. Holland favors a speedy settle ment of the strikes now in progresa . out the state or. terms that are fair to employer and worker, and that all future demand-, for higher -.ages in ?.tee for six .,' a united effort by ? "operation of org ?r, to hammer down living. If lower prices for foodstuffs and maintenance supplies are not secured by that time, Mr. Holland predicts that ?abor generally will ask for higher wages. "We prefer ro keep the same wages, ose dollarj we get have a purchasing value, said Mr. : ??..'-day. "If this cannot ba accomplished we will have to get moro money." e adjourning, the federation placed the responsibility for r.otirg and disoruei in the rec?. ::t strike at on the shoulders of the state alary and adopted resolutions : for an amendment to the law either abolishing the cor;-?tabu:ary or placing it upon a purely military basis. Boy, 21, Held for Worthless 8700 Cheek Given Hotel A youth who said he ??.s Irving N. Michell, twenty-one, of 14 West lOldt Street, was arraigned in Yorkvilla Court ye cerday charged with grand He pleaded not guilty and ild ii $15,000 bail for examina? tion on September i. The compla.r.unt against him was Thomas G. S. Hooke, manager of the Belmont Hotel, who sa.d tha- the prisoner on August 15 ??ave him a check for S700 in payment ?)f his II and 'or a cash balance. Tha check ?? iter returned as worthless. Smith Proclaims Sept. 17 As Constitution Day ALBANY. Aug. 29. Governor Smith n b to- lay designated VVednesday, September IT. hk ConstitU ' ?? n Day, and requested the citizens of ter whole-hearte?i'y into bration, wh.ch has for its ob . the strengthening of the people's faith in our f?'rm of government." Where to Go to Church To-morrow The Most Certain Sign of the Second Coming of Christ in the Present Generation An Important Bible Address by CARLYLE B. HAYNES AT THE SUMMER BIBLE INSTITUTE in the Big Tent at 95th St. and Broadway SUNDAY NIGHT, AUG. 31, it 8 o'CIock All seats free?you are welcome BAPTIST CENTRAL BAPTIST CHURCH 6. E. Cor. 0:D ST. ? AMSTERDAM AVE. FRANK M. GOODCHILD. ?J. L> . Pastor. 11, Rev. Frederick Lent, D. D., President o. Elmlra College, will preach. No lv. enlntt S< r\ ice. The Pastor will be present at the prayer meeting Frioay, September Bth, and will ?ireai'h Staiday, September 7th. FIRST BAPTIST CHURCH n-oadwai ?tr-< tti'h *f-e*t. PASTOR, 1. M. HALDEMAN, D. D. Preaching: 11 A. M. ?.nil 8 P. M? by HARRY C. LEACH, of Hackfnsack. N. ). MADISON AVENUE BAPTIST CHURCH. MADISON AVENUE. COR. 31ST ST. REV. WILLIAM H. MAIN. D. D.. Pa^nr First Haimst Church of Chicago. will preach at II A. M. and 8 P. M. CHRISTIAN SCIENCE Servtoej are held In the following CHRISTIAN SCIENCE CHURCHES Sundaj? 11 A. M. and 8 P. M. Wednesdays, S V. M. First Church. Central Park West and 96th St. 11 A. M. ONL.Y Second Church Central Park Weat and 68th St. Third Church. lS3th St and Madison At?. Fourth Church, 17sth St. and Fort Washington An. i Fifth Church Aeolian Concert Hall. 34 West 43d 8t, Putth Church. 19j5 Anthony A?e. Bronx. I Seventh Church. ?60 Weat 83d St., 11 a. m. only. ! Eighth Church. 52 Ea^t TSth St, 11 a. m. only. i Ninth Church. 1-iK Kant l!7th Street. ! Tenth Church. Ca. ?cgle Hall. 154 Weat 57th (ft. . Bedford Park Society, 2502 Brigga Ats., oa San 1 day, 11 a. m. guly. COMi RELATIONAL BROADWAY TABERNACLE BROADWAY AND 56TH STREET. Rev. Chas. JE. Jefferson, IL I)., Pastor. Rev. Wm. A. Kirkwood. at 11 and i DISCTPI.ES OF CHRIST (Christi c ENTRAI. 142 W-?t 8!?t Street. HftisTlAN Dr. FINIS IDLEMAN. Pajter. UU'.i.ii REV. SAMUEL G. INMAN, will preach at ?1 A. M. LUTHERAN CUTRCH OF THE HOLT TRINITY, $5th at. and Central Park West. Rev. William Krea-i preaches at 11 A. Si. METHODIST EPISCOPAL Madison Avenue Church, 60th St. Rev. RALPH W. SOCKMAN. Ph. D.t Putar. 11 -Rev ART1II R L SWIFT 8?Re?. .1. PRESTON ,MAi MILI.AN. 7?Young People's Meeting. MOKSKIS LATTER DAT SAINTS ('Mormons"). 1S1 West 125ih St. tHawthorn? HilJ. Kva-y Pur day, 11 A. U. ALL AlUt WKLCOaCB. NEW THOl'OHT BUSINESS nilRdl OF NEW YORK Hotel McAlpln (Colonial Hall), 11 15. THCOCORE G. NORTHRUP. The Wonder of i . i entury Subject "THE SHORT Cl T TO III.AVEN." Everybody Welcome Uood Music. PRESBYTERIAN Fifth Avenue Presbyterian Church FIFTH AVENfTB ANT) I-TI-'TT-FIFTH ST. Rav. JAMKS PALMER. I'u D. Av,ocla'.e I'ajtor. S<rvUes at 11 A. M and 1 SO P. M Rev. Bishop Luther B. Wilson, D. D., Will preach at both service?. BROADWAY PRESBYTERIAN CHUBCH. Bro.-Iwsy and lUth Street. Rer W Dl'NC'AN BUCHANAN", D. D.. Mlnliter. W. Irving Carroll, Li. D , will preach, 11 a.m. BRICK CHURCH Ptfth Avenue and Thirty-seventh Street. U|.,rtm, /WILLIAM PIERSON MERRILL. 'uml ' "' \ THEODORE AINSWORTH GREENE, THZ REV. GEORGE A. BUTTRICK will preach at 11. FT. WASHINGTON ?TRlSfiit ?? DANIEL HCFFMAN MARTIN. D. 0 , Psator*. 11?Rev. ALBERTUS T. BROEK, D. D. i ??? LuIse. Senke Teat Ft. Wa^hlngwa, PHLSBYTLKIAN FIRST PRESBYTERIAN CHURCH 11 A. M K.r Stuart N ? llui 1> !? Pastor Fir-- Presbyterian i n S'orl V .. prea li In Hie L'nlre -.. I i 8 l'. M - Lawn Service, & Util Bt. WEST-PARK PRESBYTERIAN CH'JRCH. Anuterdam Avenu." ana With Street. R.-T. ANTHONY H. 1 VANS. I) 1?.. Pastor. Rev. GEORGE WILLIAM CARTER. Ph. D., Sec, ol he New > k HI - - .? ? will pi-4 ?:-. a: Il A '?' S.?;..%?"THE NEEO FOR THE TIMES." PRESBYTERIAN r ill KCH, 5 Went 155th at ' n. ;:... Rev. C. "?'. '? an H? iten. 1 ri p. m., ?.??,. :. Air . Riverside Drive and 166th ?t. NORTH r PROTESTANT LPlhlOPAL ? b u r c () th. 3 h c a r n ?i 11 o n Madison Ave. a/id 35th St. The R?? HORACE PERCY SILVER. Rester. S A. M ?H? v > Ion m mit n 11 A. M.?Horning Prayer Sermon by ?he Ret i,l.'? 1 TAYLOR. 10:40 A. M ?Organ re ? ? ? rge W. Andrews, M is. Doc. A. U. O., Ob--.-!..'? Con? servatory ol Finale In B i'lat, ; Andai b \ ? ./ Andante Op ! '. Fra Holy ? onimunioc erery Wednesday at. 10 a. M GRACE ( Ml R( Jr. Kroailnuy niui 10th >trr?-t. ?'.-?-. Charles L*wl? Blattery D l , !'.- I r Holy Communion. . . .. ?A ". e and Sermon ? Dr Lube > Il A M. ?2venaon? (Re\ Charles U Bali Ij Serrina 12:30, Tues., Wed., Tbura and ST. JAMES' CHURCH Madison Avenue ? 71st Street, Rer. FRANK WARFIELD CROWDEB, R S A. M., Holy .. a. M. ? Prayer and Sermon Church of Zion and St. Timothy 334 VVe?t 57th Strret. Ref. FREDERU.K il! I'.ii?st?. Jr.. B. V.. Rcrtor. S. 11 A. M. iKet. Henry Pmart. D. D ) CHURCH OF THE HOLY COMMUNION. 20t, Str?t and Sixth Avenue. 8 A. M - H? . ? ? !ommun?on. 11 A M ir ??her, Ho?.. W. Frank Alien. l? M - Holy Communion CALVAiiY CH1 R?'!!, ?Kb Avenu? ind ?lst 6tieet Bev. THEODORE KEDOWICK. D. D.. Rector. Barri *.-, S and 11 i: Cutler). a P. M -: latrati : Ad Ire? ?G(joi> king David. ALL ANC.FI S' Wwt End **?? *? ???? **? - i, ' Services B and II. Rtv. 6. Da Laaoey Towniesd. O. D.. ft?frt. CiTOBCII OF THE TRANSFItil RATION. |1 East 2Sth St.--I)r. H?l'GHTO.N', Re tor i BERYlCEd, 7. I, 11 A 4L. 4 P. M. ' INTERN VMON.VI.ISM TENT EVANGEL CLOSES 110th Street and Amsterdam Ave. Mon., Sept. 1, at 8 P. !W. Phllpot preach Sunday M ? and tfonday at i. SEASON IN MANY YE ARA. PKOI ESTANT EPISCOPAL Cathedra! of St. John the Divine Amsterdam Atenu? ar. i :11th BlTMt. 5 A. M The Holy t'uuunj.ifen. Il A M -Preacher, fttahop Atwood. i V M -Pn * I er. Bishop atwood ?Vi el . y a? : ;o A. II (-T. THOMAS'S rillRIII. fit h Av. & B?d St. Rev, ERNEST M ST IRKS, D \>. Rector. . Bev. 1 I -1 S Let ..; Hi IUHMKI) CflLLEGIATt CHURCH Or NEW YORi THE MIDDLE (III RCIL 2d Avi ?>?: I Rev. Erif-'j.: i . -, ( Minister, !. . in J. De Boor wlil prea>r, at M A. M. and S P. M. THF M VRBLE < IHRCH, - ?? , Bt. Rev. Da irreli, D. L>., MlnlsU*. D liley v. Ill preach. 1'. a -- (nu Une lo Typo." s P M ."- Darkoeas." THE CHURCH OF ST. NICHOLAS. Avi nil tlth St. . Ke? Male?la Jamas MacLood. D. D. Minute?, K ia.rU-* Urown D. D . will preach. 11 A. M.?"Where ? ??.. Yoj Live?" g P. M.? The Main Sources Of Happlnees.** THE WEST END CIll'RCII. West End Ave ?mil Tith dt. Rev. Henry Evertson Cobb. D. D., Win R?\ Edwai i 11, vv. Mourv, D. D.. ... ; reach at 1 i A M. / ? ,., ? 1 THF FOR1 WASHINGTON i 111 IU H, l'on ,. . ? ? Ave. and II'.it St i Ra\ Irvli .- H Bors 0 D., M'.uUier. Ru - ? ?;:. D. V. tvlIJ i reach at 11 A \L .\.. E au Free. SOCIETY OP FRIENDS RE?.tCinrf? pOtTKTT OF FTUV.NDS.. MetOn? for worship. 11 a. m., at .''.'l K?*r, l?,th St Maa-> kalian, and lio .suiermerftom St. Brooklyn. BROOKLYN CH MESSIAH, GREENE AND fUSR mont avea?Rev. l'.o\. d ApptetOB. ol i Harrtaburs. *reacb*s\ n a. m.