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f THE STTN, SUNDAY, OCTOBER 28, 1808. 7 BR, D. C. GILMAN'S VIEWS. ! MATJ0f4I KXrANHlOX Al THEDVTT I UtHCHOL.iltfi. 9uf f.w Frobleme, New lletpontibllltlo I .nil ! Opportunities Are Not Otln.ts Willi ' Hill Vnnltli a Wei Ain.iim.il Thrm BuillUon for a Combined Itoilr Regarding Colonial tloverninentt. ftaeiemx S i . Oct 33 Tim 182d annl- ' tartar)"' "' loundlua? Of Princeton waseole- sjitcii Uil mornlnf ly tho omnnnmornMon txerrlacfi lul'l '" Alexander Hall. There i war ninny ptWOti noted aoholors from all j . nf thp cmintrTi Mill ly lilTernt unlversi- j atani eollcgwi In honor of tlio oxent. The nrocrHPi'ii "I ',l" fruition and fneulty of the ' .rrliy fonnoil at 0:30 In front of Mnnjunnd J Qiiliaiiil. with PreildeM Fram-in I.. I'm ton ' welktna rm In arm with Dr. drover Ovpland tlbthMld, it moved with slow stop In the drliillng ialn t" tho ',n"' The exercises worn opened wli li inrivi-r liy IVnn J. (). Murray. The eddiw" was made ty President D. C. oilman of John Hopkins VnlM'iHlty. rarlsof the ail- djaMlireli-- MlOwn! "I urn not an imperialist, nn expansionist nor jlno. I belong to aolassof oltlTien. repre tented, no ilonlit, by many In this nssembly. who drad revolution, trust ciperlenee. and UttjUbllshed bT Inheritance, training and re flection Initio belief that tho freedom ol thta oountrr from furolgn entanglementa linn se cured Iti prae and plenty, and la tho basis of Its hope and faith. 1 feel now, as I felt In June, that It Is safer to walk In tho footsteps of the fatbsrs than to enter upon tho unblazoned paths of the forest, which lead we know not where. "Nerert heirs. Is it not apparent that the routs of 1WW, following In quick succession, IU the bombs from the turret of a battleship, , hare changed I ho outlook? If public opinion, manifest by the newspapers, expressed by speeches, pamphlets and resolutions, and pres ently to bo formulated by Congress, demands that our acquisitions remain our possessions, the Americans have reached tho most sprlous difficulty In government that bus arisen since the Constitution of the United States was adopted reconstruction, perhaps, axoepted, though of this I am not sure. huch state of affairs was not foretold by optimistic or by passim. stlo prophecy. Tho political re sults, as distinguished from the military and nival, have been adverse to the wishes, argu- Senti and anticipations of conservative men. ut here we are, fp circumstances unforeseen when the Constitution was adopted, when the Crewell address was written, or when the onroe doctrine was announced, or even at the ilrolantlon of wnr with Spain. "Whatever we may think of the annexation of Hawaii, or of tho value of Porto ltico, or of ths wisdom of the recent war. or of Its neces sity, or of the terms of the protocol, or of tho perplexities in wiiich this country Is lnvolvod, feirewe are. face to face with now problems. new responsibilities, new opportunities. They art not ghosts and spectres which will vanish f as w approach them, they are giants touch and grim, armed with clubs, and full of deceit, with which we shall have many a rude en counter before we prevail. Here wo are. "Emerson. In his essay on " ltaee,' says of ths English that they derive their pedigree from such a range of nationalities that there needs sea room and land room to unfold the varieties of talent and character: but he quick- iy proceeds to tell this story: Charlemagne. tailing one day in a town of ISarbonnese Gaul, looked out of a window and saw a fleet of Northmen cruising in the Mediter ranean. They even entered the port of the town where he was. causing no small alarm by the sudden manning and armlni: of his galleys As thejr put out to sea again, the Emperor gazed long after them, his eyes bathed In tears. "I am tormented with sor row," hesald. " when I foresee the evils they will bring on my posterity." 'There was reason,' adds Emnrgon. 'for these Xerxes 'ears.' So It la with every thoughtful American with whom I have conversed. We foresee the evils that tKisteritv wilt suffer from the event of law "For this state of affairs we are wholly un- Eared. If it Is true, as a member of the Cab has aatd. that war came like a flash of nlng out of a clear sky, and as the Presi dent afterward aniritieil.th.it "the storm broke o suddenly that it was here almost before we realized It. It Is equally true that the nation la aot ready for the new problems of civil govern ment upon which It Is entering. " The question Is how best to nso the advan tages of our position for the good of mankind. Ths Chines" policy Is to remain shut up within wall, repell all assault, and refrain from In terference with tho affairs of other people. .Shall the Americans, abandoning the oppor tunities that have been placed in their hands, maintain a similar seclusion and be contented with coaling station or shall they establish j themselves as a civilizing force In the Pacific "I purposely refrain from dwelling upon our I commercial relations, but they must not tie I passed by with a eontemi tuou.s remark about pecuniary greed. It Is right to condemn cu pidity and avarice: yet the free and enlarged , exchange of the products of one clime, or one Mate, lor those of another, is nmong the high est achievements of civilization. Commerce hat !.. the milking of England as truly as it was the making of Phoenicia. International trade is the business of the I'liltcd States by which our own welfare and the welfare of all people with whom we have to deal la pro meted. Let eommoree be stopped, and all the mechanism o modern society in brought to Uence. 'From this broad survey I return to this peaceful campus and inquire. What la the antv of American students in this new state of affairs. That is the question for us to consider, we are not members of tho Cubinet, nor of JV Congress; wo are not Pence Commissioners; T we are only a company of students and teach ers. What is our duty'. Myansworls a very lmpleono. J.et David ct ready to meet, the Philistine. l,et him gather the pohbles for his , tlltig. Oo to your looks, young men. and Eltidy geography and history. Hesort to the brary by whose reorganization you are now enriched. Begin the study of Oceana. Ita vaat extent, its marvellous attractions, its ex traordinary people. Its primitive customs, Its amazing institutions. Its adaptation to civiliza tion. With your geography do not fail to read Political hlHtoty. Trace the steps which grent nations have tnken in dealing with primitive People, neigh the consequences of conquest, bigotry, falsehood, greed, and lust. Weigh also the benettts of cmsideiatlon. honesty, education, juttlce. religion, and law. Follow the siow and devious ways bv whieli the prln flplei i of civil and religious liberty, which we Hold dear, have been evolved, and derive if you ean the laws by wh'ch a like evolution may bo secured among other people. Hi-member that he moat enlightened nations are not yet per lect In governing themselves, and are very In XM!t in governing others. rour centuries ol experience In the trnna nliMoD of modern civilization are now of record. Spain bus given the world an objeot lesson which has reached ita last chnpter. and npain has shown what miserable resu ts may follow from bad laws, bad customs and bad In stitutions The States of Central and South America are the examples or her best Infiu ttus; tuba and the Philippines of her worst. Jrortngil, once enterprising, has her les sens in decad nee. The Dutch have xried their hand In tho maintenance i, distant colonies, and Java tells the Jle. francs lias her manifold ioks ons In t;ie Orient, and if Tahiti is not a fair Illustra tion or her influence, look at Algiers, Tonquin ami Madagascar. England Is preeminent In jeiVnlal supremacy. Her ability in governing eaistanr empln-. especially as shown in South Aires in I gypt. and In li:d a during recent yetrs. is wonderful. Uussia. France and Eng itiid. to say nothing of liei many and Japan. ow have their bauds upon China, and no one can predict when an Eastern war will be de clared or what will I e the Issue." it does not follow Hint If distant island come underthe dominion of the Fulled Stutes. IM Inhabitant of these Islands are at once to 9 "'iniiti.-d to tin- privileges of self-govern-raeiii I he process of training must be giad ".J!ndwiii,r,,i,..1,iv. belong fin discuss e'.iln.iaielv these questions Is an ippropnate task for the Ulllvel.otles of this JV', '; liny ban. On. historical and geographical archu. -s; the have trained In vestlgntors; they atinw tip. piuiciplesof human progress: they Py' th knowledge if constitutional law and ""ore jurisprudence. They are non ' ' Sf i"n '""'v have scores and hundreda skilful coadjutors whose service an I. enlisted What a service they miKhi rend, i l,v coinhmng the'r forces and Mtrlbutinu tlnr tasks, to teach the woild, U I the liitlil ,,i history, how It is that great In. "'' i' '"'' ,ail,'d ill I lie business of u anc ug ci.ili7ati.nt ami how oilier crcat i. ,tons J5J' '; led; what constitutes a legitimate W nniu: er-isc ol superior force, and wiiut ij ,.,-,,. dlsaalrouu A word from the fj-uient . r a n quest from the Secretary of "'ate o-ii, kl. t. unn.ru ties at work It l.L i'i '"'' ' sub ll Congress would iiulhor- '","' Piiuli it of iiinisslon to be josaeiip i t, ninu , ariifil. the most wise. aentntt oxiierlei I staiesineit ot the land. nut now holding public ,,m .... and charge ihein S-kV"".'1'- I"1 rears lii cdine. ibeso Proiiien,, li.tnrj.mJd Pp sntan. 1- past pil "I'sj. and nnlitiea prewint lilttnn What uohler worg ej.uld u civllltud na'ion uteloruikc tlinn W Mll'ly I- . p,.-e,,t il tin llgllt . f tie ,.,-t. caiinir, leikurolygnd undei i 'idlllon. wlilch !?": , mhi-i ,n, lull of hihiiu'-i on for r,.'V,"1 ., '"" made up ol jtirUU. piueiMit, ,,. i r , -r-i , ;, t oi ai law. i-eon.imists and Jisiorwii, e .a ,i h ring together, anangc. ""krst m ,, ,,,. ,nwo ,, liiions ol sue. ?"" U1" J,'1 pilition of I,,, lure, anil thus "'pare 1 1 , WH ,. ,. . M1,.(l 1,1,,- , r r M1.-b "institutional amendment will enable the nvsriiuisnt ol the I mi.-d Male- to adiiiinli-i.r SP" "'"'d ol humanity its uew lespouoibill ln Uit Island of the se am well aware that there are many of our eou&MUon who dread to nave our ooun- L trvmen entertain these qnewtlne. We era too corrupt.' they say. 'If we cannot trovern Mnnhattn. why undertake Manila V If we are embarrassed by H.tMsUKMJ Africans, apeak- ' lug our language, voting for our ruler and flgbtlng with our armies, what can wo do with m.ihxuhVi Malays, to aay nothing of half breeds', Hut I have confidence that If In the firogrpas of events these responsibilities are mimsed upon us we shall rlee to the opportunities. I appeal to English history. How short a time It t since seat in Parlia ment were bought, since commissions in the armv were openly purchased, slnen the only civil service was favoritism and "pull." See what a century of Increasing reionlliilltv bus brought upon Englishmen. We are of their stock. I apsal to human nature. How resd ily trustwortblnes la fostered by responsi bility. "Human progress Is usually heralded by (Ire and sword, hunger and thirst: our civil war ' took l.ltHJ.lMSI lives; the war of independence was a seven years' war. and the cup of scum a t on wa full of bitter herbs; the colonization of the Sew World by England required a century of privation nmr poverty: and so I might go on. but them I no need to do so. History warns us that In our new ' career we mav anticipate perplexities, em- i bHrrasamont. blunders, a neglect of theprln- i elides of efficient civil service, the rivalries of churches, the wasteful and perhaps the fraudu lent expenditure of vast sums of money, and attempts to engraft the svstetn of spoils on the unsophisticated and unwaiv I dread Hie con flict Nevertheless. I Iwilteve that tho Ameri can people, through their errors, porplpxltles and sins, will rise to the situation before them, and will succeed In carrying to distant land the benefits of liberty, order, and law; and . I bel'evo that tho young men of our nnl- , versltios, to whom the grent storehouses of human experience nre open, while they point out In the hlstorv of Alexander, nnd Cs?sar, and Charlemagne, and Napoleon, the dangers of impcrlnl magnitude, will also show us how In tho twentieth century these dangers may he to a great extent averted, and human happiness tip advanced b spreading through the world the principles of Anglo-American liberties. "Be It forever remembered that wo are the helra of great osscsslon that we may not keep to ourselvea. This la an Inventory of our rich Inheritance: fl. The good tldingsofChristlnnlty. destined to pervade the earth with ita pure and simple morality. "2. Civil and eeeleslsstloal liberty. secured by many n contest, from Magna Charta down. "M. International law. propounded by great jurists and accepted by great States. " 4. Freedom of commercial intercourse by which the products of nature nnd of Industry are exchanged for the mutual benefit of tho producers, with the least restriction possible. "o. The purltyandhappiiiessof ilomestlcllfc. an idea almost unknown to savage nnd hulf olvllized men. "0. Thp value of general education, with the appreciation of history and literature. 7. An Increasing and beneficent harvest of scientific investigations, by which happiness is Sromoted. life prolonged, pain destroyed, sod me and space are overcome." SOCIETY WO.IfKY IXTJBRESTED. Several of Them nave Promised to Invettl gate the Ladies' Tailor' Trouble. The Rev. Frnncl J. Clay Moran, Chairman of the Sweating System Committee of tho Church Association for the Advancement of the Inter ests of Labor, made another statement yester day regarding thetroublo between tho strikinc and looked-out la 'lea' tailor and their em ployers. Mr. Clay said : " On behalf of my committee I have decided to try and secure the cooperation of one of tho most prominent society women In New York, who is now living at Newport. In our endeavor to aid the ladies' tailors. I have talked to some very prominent women about the low wages of I the ladles' tailors. They said thev could hardly believe It and would like to know all the facte. ! Wo have decided to lay the facts before them. I I have obtained the day books of a number of the strikers and also the price lists of some I of the large firms, and will lay them before I these ladies." The Sweating Svstem Committee hadacon- I ference with a committee of the strikinc tailor yesterday. After the conference the tailors de cided to make the following demands: First An agreement to pay the old scale of prices for at least one year. Second In slack times the men must be kept on the term list, and except in special cases work shall be given out to the men In rotation in the shopn: that is. In caso there may be special clasaoe of work requiring special men. Secretary Topfstatter of the Ladies Tailors Union said yesterday that a conference between a committee of the union and a committee of the Social Reform Club would take place soon to consider the condition of the tailors. Tax sun has received a communication from one of the emp'oyers. In which he aara: "For some time past a few of tho unem ployed men of the ladies' tailoring trade have I been airing their side of a grievance. It has . now gone into the hands of a few good and well-meaning people, who are always ready to take every statement as true, from a sympa thetic standpoint, without that business train ing required to handle a lot of uneducated peo ple, of which. I regret to say. there are so many In thla and many other liranchea of indus try. Oood workmen do not need union to got work. It is the indifferent ones who do: and to-day many of tho small ladies' tailor are made up of good man, who. rather than belong ton union, start in business for themselves. The bosses would like to aid the men and see that they form a union of a benevolent order, so that those who are unfortunate, through no fault of their own would be taken cure of ; but to permit any one set of men to dictate what I thev can und shall do with their own is pot just or Christian like Let the Rev. Dr. Morgan go bock to the vineyard, where every man recoivod his pennv:nnd until both sides are brought be fore the public, capital will always look like the oppressor of labor." UKI.EX JT. COBB GETS A ItlTORCE. Justice Dykmnn Also Free Mr. Frank 31. Sutton from Her Spone. White Plush. X. Y.. Oct. 22. In the Supreme Court, Special Term, held here to-day. Justice Dykman granted a divorce to Helen M. Cobb from her husband. Walter li. Cobb, on the utatutory grounds. The divorce waa not op poaed, but the application lor alimony was con tested successfully. The parties were orig inally from the Weat. Mr. Cobb waa Mis Helen M. Kilmer, and her home was In Gales- ill. Wis., where her family 1 wealthy and so cially prominent Mrs. Cobb is a strikingly handsomo woman. In 1883 Cobb came to New York as the agent of the Denver and Rio (Irunde Railroad. On Jan. Ilu of the fol lowing year the couple were married by tho Rov. Dr. Burchard. at ids parsonage. 24 West Fortieth street. Cobo's salary was about $.r,(KK) a year, and the young couple lived In good style in New York and afterward at Rye. N Y. Cobb, after serving the railroad company for several years, started a cafe near Wall street. In iM!7 Mr. and Mrs. Cobb moved to 157 West Eighty-llfth street, and on Oct. 30 of the same year Mrs. Cobb learned that her KlHiuHe was dividing hi attentions and she left tholr home. lately she ha been hoarding In Now Rochelle with a family named Ritchie. A man employed to follow Cobb found him In a Twenty-third street music hall on June fl with a woman who was not Mr. Cobb. He followed them to a hotel, where they registered as Walter ll. Clark and wile and remained in the hotel for two hour. Ill, .lune ! the same I nihg occurred again. A claim for alimony was withdrawn. Judge Dykman also divorced Florence B. Sut ion from her husband, Frank V. button. The divorce was based on the statutory grounds and waa not opposed. Mrs. Sutton was a Miss Webb, daughter of Mrs. Webb, a Shakespearean reader. aiWMBXO boot. Over 100 Mm Hissing It In Sullivan County for the Chines Market. Foiit Jebvis. Oct. 22. Over one hundred men have been employed the past two weeks in the town of Thompson, Sullivan county, in digging glneeng roots, mostly for the Chinese market. It Is highly valued in China for ita medicinal proerlie in combatting fatigue and obi age. and can only be gathered In that country by ierniislon of the Emperor. The Canadian Jesuits 11 rat begun to ship the root to China and sold it for $5 a pound. The men who are searching for ginseng In Sullivan county walk from (llteen to twenty five miles a day in their rumbles through the j brush and trees und earn from VI to f t a day. i It lakes three pound of the green root to I Mini; ie pound of tic- dry product, the latter I bringing $4 a pound, the highest price quoted this f. ill Icing Si 55. A Ian day's And ol green tool la two pounds. The root is becoming scarcei every year. It lb of alow growth, taking two years to form a 1 ie.tf and eight or ten to make the root of value. Tin- ago of the root Is determined by I a dill.- notch or ring added each year to the ' plant. last year a root waa found that waa , '. or 27 vears old. its age being ilelcrurned I by the rings, and it made a very profltahle ijav's work to the Under The diggers leave a pi. , ol the root In the ground togrow.und pi. nit tin- he. n. which Is In .losod In a pale rud poil Tim Itet. W. II. Alllt Coining to Mrouklyn. The Rev. W. U. Alii of North Conway. N. H . has accepted a call to the pastorate of the May flower branch of l'lymoutb Church in Brook lyn. He will bsstiD hi work there on Nov. 1. and will relle. the Bw. Serae JrWter. who is the alaiAt pastor ol jnyaoutn Ctturua. i norma or imoai, urmnn. j The most Important decision rendered bT . tbl Coort of Appeals rn Tuesday wa the af- I flrnsnce of the order In the Newbarg Bavlng I lank lase. relieving that Institution from the tat which tho assessor of the eity had Im ntsod upon Ita urrlue. This deelsloo estab lhp the proposition that the eurplua of swings bank organlxed under the laws of this Plate Is not taxable under existing statutes. The case was tried at the Orange eounty Bpe ilal Term of tthe Supreme Court In January last, tief.ire Mr. Justice Hlrschberg. whose opinion may be found In the twenty-eeoond volume of Miscellaneous Report, at page 477. He held that a savings bank waa virtually an Incorporated trustee, serving without eom mlastons, and that the depositors were the sole beneficiaries. "Regarding the deposits as a class." he said. "It la evident that thla sur plus fund Is as much an obligation of the bank to them as are tho sums paid In and credited on tho pass books." The Appellate Division sustained the exemption, largely on the opin ion of the Special Term Judge, and the conclu sion which he readied has now Anally been upheld by the Court of Appeal Through out the litigation the bank was represented by Charles F. Brown, formerly Justice of the Su preme Court In tho Second Judlolal district, and the city of Newburg by C. L. Waring. Its Corporation Counsel. A constitutional question of mueh Interest Is Involved In a case whloh was argued on Wednesday before the Appellate Division of the Supreme Court In Brooklyn. By an amendment added to the Constitution of this State in IMH ll I provided: "General lawa may bo passed permitting owners and ooou pants of agricultural lands to construct and maintain for the drainage thereof neoeesary drains, ditches and dikes upon the lands of others, under proper restriction and with just compensation, but no special laws shall be enacted for such purpose." A statute passed by the Legislature In 18A6. in the ex ercise of tho power conferred by this pro vision, allows the commissioner who are ap pointed by tho court In proceedlngf for drain ing agricultural lands to charge a portion of tho expense of drainage upon the person whoo land Is occupied by tho drain. If they deter mine that tho construction 1 beneficial to him. The case to which we refer arose In ref erence to the drainage of some valuable land In Orange county, which are peculiarly adapt ed to the successful raising of onions. The commissioners appointed by the County Court assessed a part of the cost of the work against parties over whoso properties the drains are to run. and these property owners Insist that they cannot properly be taxed In this manner for the private benefit of the persons whose lands are to be drained. Such taxation, they contend. Is no authorized bv the constitution al provision which wo have quoted. After lls teulng to a long argument the Court took the case under advisement In the latest pamphlet number of the .V York Supplement Is an Interesting decision by Mr. Justice Pryor In relation to the com peasa tion of referees. The referee in the case be fore him had charged $10 a day for seventeen days on which he wxs engaged in the deter mination of the issues. "But," says Judge Pryor. "he is to be accorded only a reasonable time In his quest after a conclusion. I am of opinion that the referee should have mastered the case within ten days. The action is for specific performance, and the testimony but 150 typewritten pages." After indicating the amount which he deems adequate under ull the circumstances, the Judge adds: "Un doubtedly a referee Is not to be urged to a precipitate and perfunctory decision. Neither, on the other hand, should parties be op pressed by excessive exactions for a dawdling and dilatory disposition of the case. A ref ree ts entitled to $10 for each day spent In the business of the referee, but this mean neo essarlly so spent, otherwise there would be no limit to the amount of his compensation. If the system of references is to escape publlo execration, there must be some proportion between the work and the reward of a ref eree." There Is a breezy style in Judge Pryor's opinions which we shall miss from the law reports after hi retirement Ir mi the bench. Mr. Justice Child of the Supreme Court. In the Eighth Judicial District has granted an Injunction of a very sweeping character in a litigation growing out of the attempt of cer tain labor organizations in and about Buffalo to boycott th. Buffalo Eipra: The proprie tors of that newspaper are the plaintiffs in the Injunction suit, and twenty President of vari ous worklnfmen's associations are named as defendants, beginning with the President of Buffalo Typographical Union No. 0, and end ing with the President of the Steamfltters' Helpers' Local Association. The defendants are charged with having entered Into a conspir acy to Injure the business of the plaintiffs by boycotting not only their business, but that of the various persons, firms and corporations which advertise In the newspapers published by the plaintiffs. The complaint also alleges that the defendants are seeking to accom plish their purpose by circulating a labor jour nal containing threats against such adver tisers. The preliminary Injunction granted by Judge Childa forbids the continuance of the boycotting uutil tho further order of the court, and particularly prohibits the further publication of any articles or appeals In the labor journal already mentioned "containing any throats or appeals Intended, designed or calculated to deter merchants or other per sons from advertising In said plaintiffs' newspapers." Some interesting and impor tant questions of law will doubtless be raised, either upon a motion to vacate the Injunction or upon the trial of the action. The jurisdiction of the Park Commissioners of tills city to pass an ordinance forbidding cab drivers to stand with their vehicles for hire in certain nubile sq-ares and places was ques tioned in a habeas corpus case decided by Judge Frer.dman on Monday. The prisoner had been convicted of having unlawfully per mitted his victoria and horse to stand for hire at the south or west curb of the Plata circle, between Fifty-eighth and Fifty-ninth streets. In violation of the ordinance prohibiting such conduct on the part of cab driver; und hi re lease from Imprisonment waa sought on the ground that the Park Commissioners had no power under the Greater New York charter to nact any such ordinance. Mr. Justice I'reed niiiii, without any discussion of the question, simply announced his conclusion that the es tablishment of the ordinance was a valid ex ercise of authority by the Commissioners, and remanded tho cab driver to the custody ot the V ardeii of the City Prison. In the city or Auburn, in this State, the char ter makes the municipal sealer of weights and I measures also act a inspector of oils, and pro- villus that he shall receive such fee for iu i itpectlhg oils as the Common Council may by ordinance prescribe, to lie paid by the party whose oil Is inspected. The fee which he could charge was fixed by ordinance at half a oent a gallon, lu a null brought by tie Inspector for inspecting 7fi..'iiH gallons of oil for the Stand ard Ol) Company, the defendant contended that the fee was unreasonable. Inasmuch as th II w i worth but six cents a gallon, and to Miarge hull a cent for inspection was to charge one-twelfthof the value of the article Inspected, which waa manifestly exorbitant. The In spector succeeded lu tho trial court, where he obtained a verdict for the full amount of hie claim : bu: tho Appellate Division at Rochester hue level t-ci the judgment, holding that the ordinance Is oppressive to trade and commerce and therefore Invalid. By Increasing the price ofjoll. the isneetlon fee would be an Injury to the people of Auburn, saya Mr. Justice Follelt. instead of a safeguard (or them. '1 he same provision of our Coda of Civil Pro cedure which forbids the refereuco of a mat rl inouial action to a referee selected by the par I ties also prohibit such a reference in an action brought bt a private pfraoiivgalnt a coruorutlon to procure the api ointment of a receiver and the distribution ot Ita property, lu such a suit, in the Third Judicial district. the attorneys overlooked this piohlbitiou. tud so did the Court at SHcial Term, and an order was entered br consent referring the ess to a referee select..! by the attorneys. The mistake was not discovered until the trial had been concluded aud the referee had made Ida report, when Mr. Justice Edwards of Hud cop felt constrained to set aside the order of refereune and all the aubsequent proceedings a absolutely veld. Hive Just received several tarfa PASHIONABLB FURS Of shipments of Fine Modern all descriptions, notably OrWntal Rugs, consisting, of Ala$kl g Persian and tr.qusiity Hsmid Guiistxn Broadtail Coats with Sable Osmsnl and Sulttnabid. In soft delicate colors for Psrior or nd Chinchilla Collars and Chamber, tnd rich dxrk colore Revers. for Library or Dining Room. Russian and Hudson Bay Sale Mondsy, October 4th. g g Neck piecc$ . . and Collarettes. Fur lined and trimmed Car ya qt ii t i riae and theatre Wraps, $ VltlUdU IV Q,0e also an attractive selection of Fur Trimmings MERINO UNDERWEAR DE- At V,ry ReatonabU Pritu. partment. A large stock of Ladies', Misses' and Chil dren's Merino and Wool Underwear is now shown, and represents the best for- The IWaRVBX fjLOVB. eign and domestic makes, x u also their exclusive brand, The " Betalph," which can b of lntf Mt to lh0M ..... .. who appreciate the Importance be had m heavy or medium of belns well gloved. weights. A fine selection of Ladies' Swiss Ribbed Mde only from the Choicest Garments of Merino, Wool, skinJ-and sklll,uly modelld Silk, and Silk and Wool in & mS& Combination Suits, Tights, publlc the bejt f,ove pro. Vests, Drawers, and Corset duced. Covers, and an assortment of Bloomers, Knickerbockers, cm -m iL Golf Vests and Waistcoats. $) c&lUnUlT & VlO. tflimen.D Street, nmeteeniD Street and Sixth flMimt, French " Dress Fabrics. Velours BarreS, Striped Barrd tnd Broch6 Crepons. Scotch and English Cheviots, Plain and Mixed Eflccts, Tailor Suitings, Clan and Fancy Plaids. Embroidered and Braided Robes. HORNER'S FURNITURE ITS CHARACTERISTICS. FINK FURNITURE FINKtiY FINISHED descrlbM th quality of our stock. LOWEST COST at which raoh goods ran bo produced and sold, describes our price-inducements. LARGEST ASSORTMENTS ex plain the advantages we offer In choice. Characteristic which cannot faU to Interest all who desire the beat In th Furniture world, and who know that the BEST PROVES THE CHEAPEST In Furniture aa in every other line of merchandise. R. J. HORNER & CO., Furniture Makers and Importer, Ol, 6, 65 West 23(1 Street (AdJululnjE Eden Mat.) MAMJSX lKTEI.LlOMSam. nruTxra auixaao rata tut. Buarltta ... laiSonttta. : OU I Moon.. ti 11 00 WAT TBI OAT. SandrHook. 1 at I Oor.bl'd. llllliUlim. 404 Arrived aUTUBDAT, Ool. aa. Bt Xurrachse, Liddlt, Shield. vluou, Uantford. Hamburg. Bt L.un. Laiupe, Kinutton. Ba Ma) tteld. , C.lrutl. 8 Huatlijila. Otborne. Liverpool. Bt Ho. i.". uiel.lt.- Pel null. Keltertr, Bttttla. BiOulUtboru, Hw.'ln. PI .:."!' li'lila. St Ouyandottt. Davit. Norfolk. llfor ltttr arrivtla aot Hnt Pa.) aaamn oxrr. Bt Campania, from New York, at UvarpoaL. taiLtt. raou roastflif roar. St La Tonraln. from limit for New Tors. StKtrurU. from Liverpool for Ntw York. Bt AuautU Victoria, from Southampton for New Bt Nomadic, from Liverpool for Mew York. St Kdam, from Aroalerdain for Ntw York. taiLti. rum ponatTlo roT. Bt City of August, from Ha an uali for New York. Bt Irotjuoi.. X. tun Jackaouvlll fur New York. ODTOoiaa in, uiair. 5il IWtdVw, Oct. . Maili Clou. t'rucl .Tailj. aBunolt. Cbarlwton SOOPM .Sail Widiuiitaii. Oct. N. ' Pari. Southampton 7 00AM 1000AM Teutonic.. Liverpool u oo A M 12O0M B. Havana 100PM a 00 P M "ntibtlli. St. Kittt 100PM aooPM Cherokee, ('iiarlealou. 00 P M ; Ban Marco. UalTttton SOOPM .Vaul Tkurttay. Oat tl. Amtttrdam. Aiaiterdeni.. BOO AM 1000 AM Santiago. Nataau 1 OO P M SOOPM Aikaiu. Porto Bioo t oo r M t 00 P M oenlgln Lulte, Uremea. 13 0OM Kl Ptto, Ntw orlttn. SOOPM momix iiaantBitt. iatlt-Otw. DatSeln . Hhleldt Oot 1 Oo. W. Clrd JaoktoDTiUt Oct It htlgeulaua Bouiuaniplon Oct It Weinelaud Shields Oct 7 ten Mai o. Oalvettnu Oct 1 Tallaliattte HtvunmUi Oot in J j. Noruuuidlt Havre Oct IS Cuc Liverpool Oot IS B llanoch SI. I-"W, Oct lb ttaiiuole Jacksonville Oot ao JUtM Jreae-ap. Oct. M. I rum ml Olaagow Oot 1 H,.u Liverpool. Oot It California- Gibraltar. jOt 11 Santiago Katun. Oot 20 Keuttrla. Azorel Oct 14 ' Autilla. Ntatau Oot U Dllt TuuJay. OCX. it. Koordland. Antwerp Oct 16 Mtttdam. llotterdam. Oct 18 Panama Bordeaux- Oct 11 Altai Poll Union. Oct IB liiel. St. Lucia Oct IT City of Angaata .Savannah Oct 23 lroquola Jackjonvlll Oct 23 Dut Wtdnuiav. Oct. tl. State nf Nebraska. Olaagow Oat 14 Ptiiolanit Bouuiampton Oct IK Port MelVouraa London Oot la Dut Tkuniay, Oct. $7. Weimar Bremen Oct v Stale Bremen Oot IB St. Leonard! Antwerp .- Oct 14 Polana Hamburg. Oct IB I Ptco.ua (Mural tar Oct IB Cralgearn OibraJtar Oct IB Dm Friday. Oct It. Britannic Liverpool Oct 22 Augutt Victoria Hamburg Oct 20 3iittrjf.6 gyOttrfif. Bheumnllim radio I It cnreil In every onto tlnce 1H01: Mniicular,ii..ti-y, Sciatlo, Inflammatory, A-o. KAMOIK PRESCRIPTION lOO.KSt. Internal. 7Cc. Dot. Mullor't I'iiaruiaoy.Tt Unlvertlty Plaot.N.y. Permit no tulatHntton. Innltt noon having CARL H.sCHf LTZ'B PLBL.C0HR HOT mineral water. JLOKD -TIF-FANY.-On Oot 32. 1SS. at l. I'ettr't Church. Walt Olie.tor. N. Y., by th Btv. F. M. Cltndenln, attlttsd by Archdeacon Tif fany, Edith Tiffany, daughter of Mr. and Mr. Heury D. Tiffany of Fox Ilnrtt, Raw York eity, ts Frederick B. Lord of Kitten Itltad. DIHJO. FJLOYI). On Thuraday momiag, Oot, SO, 1SBB, at htr home, near th village of Greenport, Long Ulead, in Ilia 88th year of htr age, Ldla Smith, widow of David Qel.ton Floyd, and daughter of th lata William Smith, Kay.., of ft, Uoorget Manor, Long Island. Funeral icrviret will be held at her late rttldenot on Monday, the 24th nut., at 13 o'clock. Train leave. Long Itltnd City at 8:40 A. M., returning will reach New York at e o'olock. HOGA.N.-At Bpuyton DoftU, Oct. 32, Edward. eld.it ton of Edward and Eat Byrne Hogaa, Notice of funeral In Monday 't paper. ML'KTHA.- At hit retidtaos, 241 Watt Beth t, la tai city. John Murtha. la th 2d year of hlaag. Notice of funeral hereafter. PERK Y.-At Bt. John'i Hospital, on Oct tl. WU 11am H. Perry. Nonet of f nneral hereafter. ; BIONEY. Month' mind mat of requiem for the tout nf the Bev. Jtmet Clinton Hlgney, late bailor of the church of Our Lady of Many, Ford I ham. on Tuesday, Oct. 25. at half part 10 o'clock A.M. at Bt. Patrlok'a Cathedral, COlh at, and 6th BV, Tb tltrgy. relative, and f rltndt invited. WAHU.-On OcL21,atth. rectory. 21 Sidney place, Brooklyn, the Her. Tboma F. Ward, LL. D. Funeral on Monday, Oot. 24. from the Church of Bu Charlet Borromoo, Sidney place and Lirlngaton at, offlot 8:80 A. M., eolemn high mast at 10 A. M. Reverend clergy and fritndt an respectfully In vited to attend. I i THE STEPHEN MERBITT BURIAL CO.. 141-14 A Welt 2!ld It., Mew York, undtrtaten. embalniert I and fuutral direciort; prompt oervio. day or night, Teltpkon 14 lBtb tt. I rTVHTS EENSICO CEMETERY. Privat tUttoa, Mat i lem Railroad: 48 mluutet' ride from tat draad Central Depot. Ofltct. la East 41d it. jrpcftm aaoticr. Vaa.KK. No cutting no loot time. Book fr. Pay when cured. Dr. CHAPMAN. 107 Eatt 38d it. jtt liBiou aiPtur. aMHURcllTbTTHE BAVIODB. Metbodltt VitsopaL i- lOPth tt., mar MtJlton v. Col. Wallace A. Dowiib of tho Seventh nrl Ragllueut dtllvera -a ad dreetti7:4A. lapecial muaio. i a&2irr,ivtf I Wat." lUemesrettedeMtorleaw. Stern Brothers I will placa on sal to-morrow In their Cloak Departments A large purchase of Ladies' Coats of Cheviot or Kersey Cloths, lined with satin or taffeta silk. .t 8.50, 1 1.75, 1 3.50, 16.75 j I Oolf Capes of English Reversible Cloths and Plaid Rugs, at $8.25 & $ 1250 Exceptional Values Stero Brothers I I direct attention to their Fall Importations of High-class Pads Linger 3e k 1 among which will be found many exclusive novelties from U the leading houses, consisting In part of J Matinees, Negligees, Corset Covers, Chemises, Night Robes, Drawers and Petticoats And In addition will offer to-morrow M a very large collection of m French Hiand-made Underwear I trimmed with Hand Embroidery. Valenciennes, Torchon and Point de Paris Laces, At Fully 50 per cent, below prevailing prices ' West Twenty-Third Street SttemralBros Stem Bros 1 I are now showing will offer to-morrow ! ' very " assortment 4800 Yds. 46-inch Ladies' Imported Tailor-made Drap dEte 1 1 1 OreSSeS m the most desirable ll9tC In Mixed Cheviots. Covert Cloths. colors and black' at 4I" Venetians and English Serges, Actual value '1.25 yd. And will offer to-morrow Als0 Special Values In 1500 Yds- R'ch - a ri lu a c Black Silk and Wool Covert Cloths and Serges -. ,. $Tt ra iie. aa Oress Goods at 24.50 and 35.00 s ,- Real values 35.00 and M7.50 at J .g & 2.25 Z Formerly 3.00 to $3.95 yd. Stem Bros 4, w I J Exceptional Values In Misses' Dep't Lace Curtains Tailor-made !$ Suits IJ $.Xd of cheviot Meltons & ( $2.90 $5.95 Camel"s HalI M,xturei- suns - sires 14 and 16 years. (lO.Vd 7. 1 5 value 16.50 & 21.50 Formerly 4.9? 8.2J & 9.2? Q0lf Skirts $3 gft of English Cloths. d pX reverso sld0 plald' 57 OR Reduced from J.9j & 8.25 Valuo 12-00 ( $Q 75 Dresses Renaissance, atc, en of fancy sultlne' ( $3.45 ,M ll3.50 handsomely trimmed. .. Q. . . sizes A to 14 years, 9OG0 Heretofore 1.2.50 & H J.75 y fe . DltA . ($39.75 Waists Point Arabe, at-j $ szes u 6 Md I8 yn y of French Polka Dot c fto Formerly 47.0 & 75.00 Flannels & Ladles' Cloth -aVtVO Lace Bed Sets Valuo ' ( $A or- of plain and fancy j nrV5 Iri.hP.nt. J SKS" $6-95 1 ( 6.95 VJu. 6.50 & 9.7S West 23d St. West 23d St. ' , j DABBED IXTO A BTORE WIXDOW. Htrucclln- Acalntt Broken Olau, Sihaub't Hone I Badly Cat. While Simon Beliaub of SWi. Fifth atreet. , Jaraer City, wa putting a nosebag partly filled with oats on hi horse lo 1'allsade avenue, near ' Liberty atreet. yeaterday. the animal took fright and ran away. Schaub Jumped on hia back, but fell off on the other aide, and the borae galloped furiously along with the wagon ' pursuing a zWus course behind him. At Hut ton atreet tb wagon upset, the shafts were i broken and the harness parted, freeing the frightened animal. The horse took to the side walk and plunged into the plate-glaas window of Charle Flnaterle' eg at or at 411 Palltade avenue. Hia head, shouldera and front legs went through the window and he struggled there for a few minute, lacerating lilmm-lf In a frightful manner. After extricating himself he resumed his run up the atreet. causing men. women end children to scatter In everr direc tion. (Samuel Haenel or :twt Palinade avenue I'tughi him by the mane and clung to him. although the horse struggled desperately to free himself. The hore. which had beenme weak from lose of blood, waa attended by a veterinary surgeon. STARTLING CHARGES atad. by ta BBbaa4 of Mae. OADSKI, To Ureat alager. MUSIC AL AMERICA. Be Sure and O tt Tula Weea'e Paper. ) OCT TO-DaT. , at all Ktwwtaada. 10 CKNT. i 3ifv publications. The Catholic News 1 3 Monthsfor 10 Cents. TU1RTEESTH TEAR. EVEKY WEEK IT CONTAINS: All the Nsw of th Catholic World. Kj I'aililoiit and Woman' Pag. Cblldreu't Fag. I 70 gSiSSS" ."CLCDINO JSffiftrt Tb A TH Oil C MIW8 will be mailed every week for tb neat three month to . any mill ro.e oo receipt of 10 cents In (liver or postage stamp. The regular tubtcriptlon price It el.no per year. It I offend 011 trial fur to until a turn of wooer Imply to lntrodnre It. Aadreat THE CATHOLIC NEWS, ,s S Barclay St.. New Tork City. i Annapolis and West Point. I The Annapi.lle. Writ Point aud alllilarr Bokoal fM HaulU..'k l.'ll. biw to M.'ure an aup lut:ne&t ta I L fanj Amiail.. . t Pint, or Ui Hi-Ii.kiIi.1iip at. MaiT'tj al. ... ohaptert on " Tlie tiaval Apl.feutlce H.leni. B 1 Chancet of a llor In Hit Ntvjr." ' The Army BtaC" H m " p In the Aiuiy aud Nvr." "Thi Marina Oorpt." ; AW and much other vuluanla information for America! v.). and their p.renu. The Ooternmeat oollege re rr. t, and if rou ar. Uilnklng of an army or Bevel nl Mm i-aretr luJ for the l. it. P.ietiield. M) centa. 1 H g. A. SELauN, 1 Park phwi. Mw Tork. . B TO AUTHORS iare I haudlrd uui' r Bfe-Ul agreement bnDOUivf H ht rn mii- hlmrl aikI long storiM iu.')lib1 serii-l- y 1ft i fwiaM ! ami nil.riiif. vr lu book fOTPl tkm iiJ-r Iritniitiiiia Copyribl in th V. H. ul Uraftt lirtU.... J.iiiim.iuuj jyioiuj'tLr m.d. F. TENNYSON NEELY, 1 I'liblUlirr, 114 Piftlt Aveaue, Mew Tork Ctty. ' )eu,-"Orntt AtJeecger." "Ttn ead Bwera." -SO"lraalalal." Itl'KlUM.W.