The Sun and the New York herald. [volume], March 18, 1920, Page 8, Image 8

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THE NEW YORK HERALD.
FOUNDED 183S.183J.
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Iitwirt. Vice-president HtiJ Tre..uier. II.,
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f r
the CruclarJiiestlon as to Conrur
rcnt Power In the Deflnltton
or Iiitoilratlng Liquors.
When the Thirty-eighth Congress
siihmitted and the States ratified the
Thl enth Aineiidiiienl, abolishing
shivery, the iver to enforce' the
article was vested exclusively In Con
gress. There can be no doubt where
the power abides in. that cube.
When the Thirty-ninth Congress
proposed and the States ratified the
Fourteenth Amendment," prohibiting
jlie abridgment of the rights of citi
zenship and containing other provi
sions as to apportionment, the 're
moval of disabilities for rebellion and
the validity offaibllc debts, the power
lo enforce by appropriate legislation
was given solely to the Federal law
makers. There can beNio doubt In
that case where the power rests.
When the Fortieth Congress sub
mitted and the Suites ratified the
Fifteenth Amendment, establishing
equal rights for white and colored
citizens, the power of enforcement
was again lodged In the Congress.
Xo one can question Its exclusive au
thirriiy to legislate on the subject.
When the Sixty-tlrst Congress pro
posed and the States ratified the Six
teenth Amendment, authorizing the
fattitlon of incomes, the power to lay
and collect taxes on incomes without
apportionment among the several
States was expressly and solely en
trusted to the Congress nt Washing
toll. The location of the seat of legis
lative power in that respect admits
of no difference of opinion.
AVlieu the Sixty-second Congress
submitted and the Stales ratified the
Seventeenth Amendment, declaring
that the United States Senators
should be elected by direct popular
vote, the only necessary nstlgnnient
of legislative power, that to provide
for vacancies, was lodged in the State
Legislature. Here' too there Is no
room for doubt.
This unbroken sequence ot distinct
and Indisputable location of power
as between Federal and State legis
lation came to an-end with the Kigh
teenth Amendment. The article pro
hibiting tlie manufacture, sale, domes
tic transportation, importation or ex
portation of "Intoxicating liquors" dif
fered from all preceding amendments
of the Constitution In that it lodged
the power ot enforcement, arid neces
sarily the power of definition, In both
the Congress and thp States, acting
concurrelitly :
"2. The Congress and the several
States shall have concurrent power
to enforce this article by appropriate
legislation."
On this new basis of divided ix.wers
of enforcement the Eighteenth Amend
ment was submitted to the States for
the action of their Legislatures. On
this basis the FJghteenth 'Amendment
was accepted by the States which
ratified It. including New York.
II.
So marked was the departure by rhe
Sixty-fifth Congress from the usual
form of constitutional amendment
in authorizing legislation for enforce
ment, so significant was the provision
for concurrent action, that Ihe circum
stance nt once engaged the attention
t this new.-papcr when the lauguage
of the submitting resolution was pub
lished. It even seemed, hard at first.
Indeed, to determine whether the pro
Mslon. so unusual and inherently so
charged with dlllleultles and possibili
ties of conflict and dendlock In its
practical application, was In facUn
My attempt to introduce a purjwscly
Invalidating factor, or a demnlr-
Mini (Inceptive apiieal for the support
'r certain States which the agitators
-oped to win ,y making H pretence of
pco for Stale ricuts. or :in l,nr
elfort to preserve for the States some
part nf the .ontrol which thev had
ii I ways exerted In matters ot 'liquor
1 legislation. ad which, but for this
mendment. they would Have eontln
,cd to exercKe without participation
by Washington.
J In coidcrlug the question that has
- .
become crucial The Ru snld ns lonir
n&o us Dercmbcr 30, 1017, wlicn tlio
proposed nnicmlinent lmtl pawed tlio
House for submission (o the States:
"Mow Is tno concurrent power of
' tin, Conirress and the several Stale
to bo exercised? By" mere similarity
of legislation?
' "Hut suppose flit. Conerem and the
.States fall to agree as to tho meas
ure for the enforcement of the ken
eral prohibition of the manufacture,
nale or transportation of Intoxlratluc
ltijuot-H within the Union,
"Any law enacted by Congress
must be uniform In -its operation In
nil the flutes. Suppose one State
concur with legislation exactly sim
ilar and another Stato enacts lawn
putting a different construction on
tho words 'Intoxicating liquors' or
providing different measures for en
forcement. "In wch an event' would the fail
ure of the State to act concurrently
with Congress Invalidate the law of
Congress wlUtltt the borders of that
State? Might Congress, for example,
define 'Intoxicating liquors' o as to
include malt beverages of low alco
holic potency and to , decree their
prohibition, and a State Legislature
nt the same time detlnp the phrase
'Intoxicating llquoia' o a to permit
the manufacture, sale and transpor
tation ot the mild fluid prohibited by
Federal authority nt Washington?
There would lie no concurrent action
In that case; would the Federal law
fall through, so far as that dissent
ing St.ito was concerned?"
I'or If Ihe State lias flip right of
concurrent action, anil has not dole
sated to the Federal Government un
il'ivided authority lit the matter of the
definition of "Intoxicating liquors"
mill the enforcement of prohibition
and the States did not do that when
they rn tilled the amendment it fol
lows that the rljjlit of concurrent tic
lion is intact, under the Tenth Amend
meal of the Constitution, which de
clares that "Ihe powers not delegated
to Ihe United States by the Constitu
tion, nor prohibited by It to the States,!
arc reserved lo the States respec
tively, or to, the people."
The question thus foreseen more
than two years ago Is now very much
at the front, not only In New Jersey
and Khode Island, which are contest
ing tho validity of the amendment ou
general principles, but also at Albany,
where an Influential section f the
Legislature seems to be undeterred
by fanatical theories and Interpreta
tions from exercising Its concurrent
power to determine the reasonable
meaning ot "Intoxicating."
Again Tur. SfN'salil on December
20, 1017:
"The case would be different If the
proposed amendment specified tho
province of Federal legislation and
tjie piovlnce of State legislation with
regard to enforcement ; but this,
again, Is merely saying that certain
powera would then be delegated and
certain powers reserved to the 8tates
or to the people. The amendment
attempts no such separation or defl
ation. It presents prohibition as a
unit, and with incomparable fatuity
prescribes that Congress and the
several States, shall have 'concurrent
power' to enforce it by 'appropriate
legislation.'
"Ccwurrent power of enforcement !
To see what this amounts to, sup
pose that the Congress enacts one
set of definitions as to the meaning
of 'intoxicating lltviSRV or one set
of laws constituting 'appropriate leg
islation," while the States, or some ot
the States, enact another and a con
, fllctlnjr set of laws on the subject.
"One of two things must then oc
cur: Either tho appropriate legisla
tion enacted by Congress must pre
vail over the discordant appropriate
legislation by the States as Htatef
and nullify it tor practical operation,
or the discordant legislation enacted
by the States as States must nullify
the Federal act so far as concerns
the dissenting State or States. In
either ease there has been no con
currence. It seems to us that this
impossibility of exercising the 'con
current power of enforcement' for
which the amendment provides la an
plain ns the venerable old pikestaff
Itself."
About a year later, in January,
1010, after this muddled amendment
had received Ihe thirty-six votes of
the thirty-six needed to ratify, The
Sun again asked :
"What does the 'concurrent power'
of enforcement mean In this case?
Does It mean that If Congress passes
a certain liquor law the State must
legislate In a similar -way? That In
terpretation would be nonsensical, for
there would be in that case no more
of concurrent power on the part of
the State than belongs to the com
positor in tbe Government Printing
Oflleo who setsup the language of ,
Ihe law which Congress has enacted.
.We arc aware ot no constitutional
principle on which Washington can
compel New York to legislate with
regard to any matter.
"Does it mean that If Washington
makes one set of liquor laws and Al
bany makes another and a different
code the Federal legislation shall
prevail? In -that case there Is no
concurrent power at Albany, as the
amendment declares there must be.
"Does It mean that If Washington
enacts one law and Albany falls lo
concur, or If Albany passes lis law
and Washington fails to concur, there
shall be a failure of legislation al
together, as happens when the Sen
ate passes a bill or a resolution and
the House does not concur? In that
case the attempt at concurrence be
tween the nation and tfA State would
v
THE SUN 'AND NEW YORK HERALD, THURSDAY, MARCH 18, 1920.
nullify the principle of the, amend
ment so far as that particular State
was concerned,
"Does It mean hat a law enacted
by Wflshlngjon shall have forco only
when the States have not otherwleo
provided? That Interpretation of the
amendment Is scarcely1 . conceivable.
The more tlila Section 2 Is studied
the more difficult appears the prob
lem whlchjt presents."
And It Is .for Ihe Supreme Court to
say how this muddling provision, ap
parently vital to the efficiency of tho
amendment, withstands high judicial
scrutiny. And the Supreme Court Ims
not ye! said.
III.
The' yew which The Sl-n took
In 11)17 and nt the beginning of 1910
of the bearing of the question of con
current iwwer on the whole future of
experimental prohibition has since
been illumined, it may be worth while
to remark, by ,thc opinions of such
able constitutional lawyers ns Elihu
Hoot and William D, Outhbie. In
an opinion dated on the 18th of last
December" these eminent Juriscon
sults fsny :
"The, true construction ot this
novel provision nmy well be held to
require concurrent action on the part
of the Congress and tho States In
reppect of Intrastate commerce, anil
the effect of tho amendment may
well bo limited eo as to extend tho
power of Congress to regulate Intra
state commerce In intoxicating liq
uors only when the States In which
such legislation Is to be enforced
have concurred In tlio legislation.
"There Is judicial authority tend
ing to support the view that the teran
'concurrent power' as used In this
amendment will be held to mean and
imply that the Congrcas and the sev
eral States must net in conjunction
in respect at least W intrastate
commerce. Illustrations will be
found in the case of Niei.son vs.
Oregon (212 U. S., 315, 321) and the
' cases there cited ; and Consress must
be presumed to have had these cases
In mind In 191" when It used tho
phraee 'concurrent power." Had It
been Intended In and by the amend
ment to provide, not for action In
conjunction but for Separate and
Independent action, the obvjous
phrasing would have been-clther to
the effect that 'the ConKress or (he
several States shall have power,' Ac,
or that , 'the Consrew . shall have
power to enforce this article by ap
propriate legislation,' but In the ab
sence of any such legislation by the
Congress the several States may pass
appropriate legislation.
"It has teen urged that although
the amendment expressly provides
for ltsmforcement by the exercise of
concurrent power, it may, neverthe
less, be enforced by legislation of
Congress acting alone, and that If
Federal and State legislation should
conflict, the former would prevail as
'the supreme law of the land' under
Article VI. of the Constitution of tho
United States.
"But in our opinion this provision
of Article VI. does not necessarily
control and overthrow or annul con
flicting State legislation. The provi
sion refers to laws 'made In pursu
ance of the Constitution. Obviously
if the. term 'concurrent power' ns
used in the Eighteenth Amendment
requires concurrent action by a Stale,
then legislation by Congress without
such concurrence 'would not be In
pursuance of the Constitution.
"Moreover, it must be manifest
that If this provision of Article VI.
controls and the legislation of Con
gress under the Kightentli Amend
ment without concurrence by the
State must be treated as supreme or
ns overriding nny State legislation to
the contrary, then the grant of 'con
current power' to the several Stated
would become futile and leave prac
tically nothing for the States to leg
islate upon. Their legislation to en
force the amendment would be Idle
and Inoperative whenever It con
flicted -with legislation by Congress,
nnd wholly futile, unnecessary and
useless -whenever it happened to
agree with that of Congress.
"It Is hardly reasonable to assume
thtt the framers of the Eighteenth
Amendment intended that the States
should have power merely to concur
In whatever. Congress saw fit to enact
and power to legislate independently
only when Congress was silent.
"The sounder view would be that
it was the Intention to confer on the
States a cooperating function by the
term and the grant of 'concurrent
power,' and to require concurrence In
legislation, especially as to Intra
state, commerce, which It was con
templated might well be appropriate
In one or more States and not at all
appropriate elsewhere by reason of
varying conditions."
This closely reasoned aiid clearly
expressed Interpretation of the con
stitutional phrase "concurrent power"
v!e commend to Intelligent study nt
Albany ami elsewhere.
IV.
Against the opinions of Sin Hoot
and Mr. Gutiibie it Is proper to place
that of Mr. Watne B. W'heixeh, the
energetic unil'dcvoted counsel of the
Anll-Saioon League. Mr. Wheeleb's
theory of "concurrent power," as we
infer from the report of remarks
made by him at the hearing In Al
bany day before yesterday. Is that in
Its exercise of that concurrent power
the State may go further tfinn Con
gress 1n Its' definitions or restric
tive, provisions, but cannot do less In
that way.tlwn Congress has done.
v That Is to Ray, If we understand
Mr. Wiinxtit's construction of the
amendment, If Congress defines ns Jf.
torlcatlng nuy beverage contnlnuig
one-half of 1 per cent, of nlcohof, the
Sow York Legislature may constltu
tlonnlly define as Intoxicating any
hevornge containing one-quarter of 1
per cent, of alcohol, but It cannot
constitutionally doflno n non-lntoxl
eating a hevcrngo that shows three
quarters of 1 per cent, of alcoholic
potency. ,
For example, under that theory, If
Congress In Its wisdom should ennct
a Ifedcrui luw declaring buttermilk
Intoxicating, the State Legislature
could not refuse to concur ns to but
termilk, but It would be at perfect
liberty to go beyond Congress and en
act tho Intoxicating nature of nil milk,
whether of cows or goats.
Or If Mr. Wim.iam II. Anderson
should discover by and by an exhil
arating quality, In the bottled waters
charged with carbonic acid gas and
should Induce Congress to include
them with the lntoxlcunts, our State
Legislature could not. constitutionally
evade the adoption of the same classi
fication; although it might constitu
tionally go further and declare that
all drlnklng'wnter, aerated or still, Js
intoxicating and therefore subject to
prohibition.
This rule of concurrent action that
works only one way Is uncommonly
convenient for the purposes ot the ex
tremists, hut It strikes us as some'
what naive, not to say simple.
The crucial Importance of the whole
question of concurrent action as nf
feetlng the rights of the Statesand the
liberties of their individual citizens
warrants in our opinion the space we
have here given to it. Not only the
hopes ot the friends of teraperaucc
mill who that Is entitled to human
respect ls'iiot a friend of temperance?
but also the future Interests of sane
and reasonable prohibition depend
upon the success of men of modera
tion and regard for law in curbing tlie
Impulses of fanatical extremists and
keeping legislation within the limits
actually prescribed by the amendment
now,undeptest In the Supreme Court
Otherwise the reaction promises to be
swift and disastrous.
The Great Gas Conspiracy
' At the hearing before Public Ser
vice Commissioner Nixon r.n the
complaints of gns companies that they
were running short of oil, ok Assist
ant Corporation Counsel charged
that "tlie gas companies had .agreed
to raise the cry of an oil shortage in
oi-der to influence litigation started by
the companies to get rid ot the SO
cent gns law so a higher rate might
be Imposed."
At about the hoip- when thh charge
of dishonesty was l)elng made the
Navy Department was opening the
bids received In response to its adver
llsement for 5,000,000 barrels of oil
These bids offered, In all, only 000,000
barrels.
Perhaps the gas companies, to suit
their devilish purpose, Indtued. all
the oil companies In America to pre
tend that there Is a shortace of pe
troleum !
Mr. Swaun's Thoughts on Milk.
The District Attorney of New York
county considered the dairy industry
for a few minutes the other day, and
then emitted this remark:
"The fact stands out that there are
2,200,600 quarts of milk ready to come
Into the city and somebody is holding
them back because their entrance
might cause a decrease In the prlco
of-mllk to the consumer."
This settles It, of course. Having
disiwscd of this subject in a manner
entirely satisfactory to hluisslf, the
District Attorney may now have time
to give consideration to the case of
Nicky Ahnstein, that ungrateful fel
low who didn't come back home when
he was culled. Time was when the
District Attorney's office boasted
loudly about Nicky's approaching ap
pearance and called him the master
mind of nil evildoers. . Then the oflleo
sold It had nothing to do with captur
ing Nicky, but left that Job to the po
lice. Finally It announced that ma
ture deliberation had convinced it
that Nicky was not such a masterful
mind as had been rejiorted.
We hope that-'the District Attorney
knows ns much alwut milk as he docs
about Nicky Aiinstein. If he does
not his outgivings will not prove of
much help to the farmer, the distribu
ter or the ultimate consumer.
New York's Flower Show Week. ,
There Is nothing else so sprightly
In tlie period between late fall and the
first real Intimations of spring ns the
annual Flower Show, which Just now
Is ninkine the Grand Central Palace
to blossom out of season. It is in Its
peculiar way a more absorbing uffnlr
than, say, the Horse Show or the
Opera, for the interest of tlie visitors
is not distracted by the Incidental.
Thus, though society , is there, It Is
to see and not to be seen, ns nt the
Garden or the Metropolitan.
To step Into the show Is to catch n
whiff of summer before the spring
torrents h'nve set In. It brlpgs sug
gestions of the holiday making that
Is to come. It appeals to everybody
who has a garden, from tlie owner of
a delectable spot facing south. Vrlth a
river nt the end, to the cultivator of
urban window boxes that make even
the fronts of brownstone houses nnd
apartment houses look gay. Tt sug
gests bees mid the return of the bfrdt
nnd winds that bring the salt an
smack and savor of the sen.
In addition to the women and girls
nnd children with an out of doois nlr
who fill the galleries with animation
you will find visitors who might he
seafaring men by their appearance
and manner., These, however, arc the !
professionals, the experts iu varlatipn,
the little Burbnnks who have It In
their iwwer to tojifcr fame on those,
whose names they nttndi to the re-,
suits of their successful horticultural
experiments. Could a beauty enjoy
so high a compliment as to have a
llowor called after her? It Is a grace
ful reversal of the old custom of giv
ing the names of flowers to girls.
The show promotes the einulntlon
which is one of the strongest bonds
between the cttltlvutors of gardens
who by their efforts to surpass each
other have spread tho cult of orna
mental grounds through Westchester,
Long Islond, New Jersey and Connec
ticut. Kven tho surroundings of rural
railronll stations have ceased to ap
peal only to tho utilitarian instincts
of the patrons of the roads. Tho gar
deneu has taken tlie lead in stimu
lating the great cleaning up process
which has gone on throughout the
whole suburban district, making what
was lately the Worst begin to up
proximate lo the best.
There can be no doubt that as the
taste for gardens grows for those of1
the formal, and the old fashioned sort
or those that combine Ihe virtues of
both the Flower Show will become
more and more of n metropolitan In
stitution and event.
The llutiiktu, Mongolian .Modernist.
After two years spent In thtf' Mon
golian detcrt Itov C. Andi.kwk of the
American Museum Of Natural His
tory has returned to New York with
strange tales of another civilization.
He timed antelopes which ran at
the rate of sixty miles nil hour and
loafed at the rate of forty miles In
the same period. The speed of the
antelope protects It from the wolves.
Lambs venturing below Fulton street
might profitably train under the di
rection of Mongolian nntelopes.
In Urga the Hutuktu lives and
rules, a uiedlreval medicine man and
potentate with modern trimmings. He
possesses the battery of the first mo
tor car which penetrated the desert,
and with it occasionally electrifies his
Ministers of State. Mr. Aniieews's
description of tlie Hutuktu's dwelling
place rends like the advertisement of
any of a number of road houses within
motoring distance of New York city :
"He has a whole palace full of graph
ophones, typewriters and electric
lights, but he doesn't know .how to
use them."
All the Hutuktu. needs is n me
chanical piano, a jazz band nnd n ru
mor that something with u kick In It
Is served in tqneups at his place.
With these additions to his establish
ment Installed' ho may sit back se
rene' in the confidence that a stream
of eager visitors from dry America
will pour In upon him.
Those who favor the movement to
make Queens a separate city may rest
nssuretl that their part of New York
has Improved so much of late that
we could not possibly think of let
ting It go.
Dr. Wouoa.vo von ICapp, having
called on President Ebert to surren
der, when there was no answer made
the best of the situation nnd handed
in his own resignation.
Tlie premature demise of Georoc
Lotus IlEim of' this city is a distinct
loss to American scholarship. Mr.
Keeu had specialized for many years
on economic phases of American Co
lonial history, and was a recognized
authority In that field. As one of the
pioneer students of the school of his
torians trained hy tie late Professor
Osgood of Columbia Unlversitv ho has
done much to correct the narrowband
antiquated viewpoint that long pre
vailed even in academic circles In re
gard to ii josltlon of the original
thtr'.een colonics In the British Im
perial nystem. When the results of
Ills original researches are more gen
eialty incorporated Into our popular
textbooks of history the youth of the
land will have a much saner Idea of
the origins of American institutions
than has been possible up to the pres
ent time.
It is a paradoxical situation that a
Federal officer should attempt to Jus
tify a Federal agent lying under in
dictment for murder which he Is
charged with having committed whlty
holding a Federal Job In violation of
tho Federal law.
One robbery is Interesting imtlian
other Is committed In New York these
days. v
Tho Dutch Government is reasona
ble enough in insisting that Wilhei.m
Hohenzollern should go nowhere, say
nothing and saw wood.
In spite of the whiskey shortage
people are beginning to Reo robins.
Once it was thought that a man
reached the peak of affluence when ho
owned two pairs of suspehders; but
now Cr.cwcs Is recognized by being
photographed' In the act of paylnjr his
Income tax.
The Restful Circus.
Circus eomlni.
We are bleat.
Chancea sonimlna;
, For a. rest. .
Three rlnsa' motions
May be seen,
Rtftl no oeeani
In between. i
Clown srratloni
.Trouble none,
Hurrn .no naMona
With their fun.
Vanish sorrow,
fcnter Jor,
Co and borrow
Some one's boy.
McLamdbcicu Wilson.
Spring Manic.
JUst the chattar of each jiparrow
And the coolnr of each dove
Time the dirty, dlniy alilewalka
With b. rotjr hint of lova:
And the sbabbr. ancient homes.
Bending crooked natla of tray,
Wear upon their wrinkled faces
Stnllea that glimmer faintly cay
As the noisr. smoky city
Fades before my willful eyes
Into bill and plain and valley
Whirt tbt Ue. sreljg country Ilea.
Ca'iiLoTTt Sick ex.
WOMEN PLAYWRIGHTS.
Eleanor Onlos Adds Slore Karnes lo
the List of Dramatist.
To The Sun and New Yonu Herald:
In reading an article In Sunday's maga
zine section entitled "Native Drama
(lulnlng by Women Writing Plays" I
felt something like a pang at flndlne
mysolf Included In a list from whlchfo
many fine names were missing. Ayd
I tbould like to nee the missing ones
given space in your 'columns If that
is possible,
I do not say that I have listed all
of the missing, but I have tried. to,
Any list should contain Ilachel Barton
Butler ("Mamma's Affair"), May Tully
("Mary'H Ankle"),, Maravene Tnomp
son ("The Net"). Kate Jordan Ver
mllye, Illta Wellman, Jane Murfln,
Julie Llppman ("Martha by tho Day"),
Elizabeth Jordan, Mm Otis Skinner,
Catherine Chlsholm Cushlng. Maude
Fulton, Frances Nordstrom, Marlon
Short, Jenn Webster ("Daddy Long
less"), Lillian Trimble Bradley, Marlon
Fairfax ("The Talker.' &c), Ger
aldlne Bonner, Dorothy Donnelly, Jean
nette Marks, Alice. Brown, Alice Ger
BtcnlKiitf, Zona Gale, Marlon Craig
Wentworth, Marlon Do Forest, Jose
phine Preston Peabody, Theresa Hel
burn una Harriet Ford:
Then there are the women who on
tho production end do u lot of excep
tionally tine work In the theatre. Among
these are Rosalio Stuart, with more than
a hundred vaudeville companies on tour :
Inabcllc Ilapgood, who gavo us a pro
gramme of negro plays, amotv other
things; Margaret Austin, Mrs. Coburn,
and last (but not lcar.t Jessie Bonstelle.
Andu list of women who are doing good
pioneer work In tho movies might ho
compiled, with Anita Loos far hi the
lead.
This list will holp to give the read
ing public a better Idea of the Impor
tant role that woman has In tho the
atro outside of tho acting profession
and there, nf course, sho Is supreme In
this count i.v Eleanor Gates.
New Yokk, March 17.
ROBINS IN THE PARK.
Early Comers Seemed to Face llio
Same Trouble as Humans.
To The Sun and New York Herald:
No robins here yet? Why. on Monday
last, the very day I lead a statement
to that effect In your paper, I hap
pened to be sitting In Central Park and
to my amazement and delight there
hopped Into view on the almost gwtn
patch of grass In front of me a very
Important, chesty 'Mr. Robin, followed
about two hops behind by a Mrs.
Robin.
They had glorious yellow drcs.c3, or
rather vestees, which I believe will
ngaln be In fashion this spring. Mr,
Robin plainly appeared jieered, Mrs.
Robin conciliatory but firm, and to a
mere human their conversation seemed
on this wise:
Mr. Robin "Tlie very Idea, Toodles,
the snow not even gone from the Park
yet! I knew I shouldn't have listened
to you when you urged mo to came to
New York Just now."
Mrs, Robin "Oh, now, dear, don't be
so cross! I know I was right in com
ing now, for by-the first of April I'm
sura there won't bo a single apartment
to be had In the park. We simply must
hove a. decent place this year for the
children. Don't you remember last year
what a had season we put in on River
side Drive? It-Is very charming there.
I know, but much toof drafty, and I
planned to get here a little early this
yenr to have the pick of the trees In
this park."
iMr. Robin "Huh, well, I suppose
there Is something In. that, but all the
same I think "
And so on. I emerged from .a slough
of despond to a lovely sunny day nnd
a world bright with promise, for had
I not actually scn those forerunners
of ppring, two cheerful, bustling little
robins, animatedly discussing their
household plans? F. G.
New York. March i;
MAGAZINES FOR SOLDIERS.
Tho Wounded fu Fox Jf ills Hospllal
Need Heading Matter.
To The Scv and New York Herald:
When visiting at the United States Base
Uo.pltal, Fox flhlF, St'nten Island, I
h'-ru U:a; there i? s. yc: S.Jd for
magazines of all Kort ?
The publ.e seems to forget how many
wounded soldiers are rt'M Ij . t hos
pitals, ail the need (or good reading
matter Is even greater, as many organ
izations that have been distributing
magazines are disbanded.
If you would ask your readers to send
their discarded magazines to this hos
pital I know tt will be appreciated and
a large number could be u?ed to cover
all ward. , Madeline S. Durae.
Xew York, March 17.
Old Xcw York Theatre.
To The Su.v and New York Herald:
I have been reading The Herald Nines
1SS8, when I moved to New York, and
I nm now reading Tun Sun and Sew
York Herald every -morning.
I enjoyed the article In Sunday's
paper on the "City's Karly Theatres
Recalled" very much. The old Bread
way was quite a drawing card In thoso
days. I should think your readers
would enjoy very much reference jf the
old Bowery Theatre back in the ViOc,
when policemen had to look after the
newsboys In the pit.
Another old tfieatre was Burton's In
Chamhers Street, and I feel quite sure
that old Burton was one of tho most
popular actors In New York at that
time. Ills favorite play, "Toodles," was
certainly enjoyable, and he made as
many peoplo laugh as did cither Jerry
or Dan Bryant.
' TnK Evening Sun's articles on Bry
ant's Minstrels I have also read with
great pleasure. ,
An Old ew Yorker.
k New York, March 1".
Irritation of n Wet American.
To Tun Bun and New York Herald :
Even though I am not a dry. where
does this Englishman come In with that
"second warning"?
If the United States makes a law,
all England couldn't stop It.
I suppose he caters to that Ignorant
class that will listen to any one,
ANTI-EVERTTIIIN0 blt the U. S.
New York, March 17.
Cenulatlon for the Cort-fln.
Napoleon wj sent to the blind s St.
Helena.
"tt mltht be worse," ne assured him,
"Ihe one turrounded by the moat water
If Manhattan," s
Simple Solution.
KntcVer I hear the Major haa a new
schema for next year.
Boeker Tea, there will probably be
"Keep oft the toovr" signs.
turn ' 1 "" " ' ' yi
, rtlst ' I
CITY MAKES MOVE,
TO OBTAIN 3DBWAYS
Corporation .Counsel Directs
Delaiiey to Proceed Against
Intcrborougli.
fM PROVE OR QUIT" ORDER
If Service Is Sot Betttfr by
July 25 .Drastic Action.
Will Bo Taken.
The city administration made yester
day Its first open move to take awajTthe
subways rom the Interborough Rapid
Transit Company nnd run them. Cor
poration Counfcf William P. Burr in
structed Transit Construction Commis
sioner John H. Dclnney to proceed ac
cording to Mr. Burr's Interpretation of
the leases, to force the Interborough
either to Improve Its service or to throw
up tho sponge,
Mr. Burr's letter requested Mr. De-
laricy to take the Initial step In the fight
against the traction lines by serving no
tice on or about April 23 upon tho Inter
borough that It lias dcfnulted on Its lease
from the city, and directing Tt to euro
the default within ninety days or about
July 25. The defuult notice is to be
served if by March 25 the Interborough
has not Improved service upon tho Lexington-Fourth
avenue and Broudway
Seventh avenue subways n ordered by
the Public Service Commission on
March 1. , .
If service still Is unimproved by about
July 25, .Mr. Burf wishes Mr. Delaney to
notify the Hoard of Estimate of the tact
In order that a conference may be ar
ranged to determlno which of the vnrl
ous remedies prescribed In tho subway
contracts shall be employed. In each
remedy enumerated, however, Involving
operation by the city of the" subways, the
Interborough has recourse to the courts
Wore-its line may be taken over.
iMr. Burr not only cites the Public
Service Commission's recent order ns
proof that the suhway service la Inade
quate and that therefore the Contract
agreement to furnish "adequate, com
fortable and rapid service"' is not being
executed, but quotes tho testimony of
Frank Hedley. president of the Inter
borough, at a recent session of the Board
of Estimate's traction Inquiry.
Subway trafllc "is saturated to a de
gree that you have not sufficient tracks.
You have not sufflclent subways. You
ought to have more railways In order
to give the people decent and comfort
able accommodation," Mr. Burr'-s letter
says: "It thus appears from Mr. Hed
ley's testimony that tlie trafflc on the
subway Is neither adequate nor Com
fortable and haa reached 'the point of
saturation and suffocation' and the
travelling conditions are indecent nnd
intolerable."
The clause In tlie subway contract
under which the city might operate the
subways for default In contract Is the
first of tho five remedies specified In
Article 89. It says:
"Jf tlie default be not remedied within
such time (ninety days) or within such
further time as may be allowed by the
Public Service Commission or .the court
the city shall thereafter be at liberty to
enter upon and as agent of the lessee
operate the railroad and equipment and
existing railroads and existing equip
ment at the rate of fare and In the
manner provided n the lease for the re
mainder of the term, or to enter Into a
contract. t.ubject to the same conditions,
with some other person, firm or corpora
Hon, to operate the railroad and equip
ment and the existing railroads and
existing equipment as the agent of tho
lessee for such period of time as the
city may elect."
H Is the contention of the Interbor
... tim itv f.'innnt take Dosses-
UUfill tl.t -.- ' - " -
slon of the subway lines without per
mission of the Interborough bondhold
ers. The Interborough has furthermore
contended throughout that If Its ser
vice is not what It should bo Itjs be
cause New York city Is so overcrowded
that the only remedy is more subways.
Tlio Board of Estimate, will contlnus
to-day Its Inqhlry Into the traction dur
ation and will concern lLelt entirely
with the Now York Railway Company's
finances, Commissioner of Accounts
Illrshfleld will te.stlfy. At the offices
of the company, 163 Broadway, It was
said yesterday that neither Job 10.
Hedges, receiver, nor Henry I'- Stimson,
his counsel, expected to be present.
.ir; to em
Vot Itrallv,llcre Yet, Testlmoiiy(nt
When I'ubnc fcK
l.ewfs Nixon's gas oil hearing:, .ruined
yesterday, was again threatened with
Indefinite Interruption by Assistant Cor
poration Counsel John P. O'Brien and
hU objections that Its purport was to
influence pending litigation In favor of
a higher ims rate Mr. Nixon grew
1 1ghly l-ilt'nted.
"XonFense," the Commissioner ex
ploded. "That's purfc nonsense. Your
ca; must be a poor one If It will not
withstand any facts which may b'e
brought out here."
. The facts that were brought out by
reprifcnlntivcs of various ris companies
ii.ill:ated that the oil c'Dnngo Is a
future rather than a prs&cnt menace.
Mr. Nixon said' lie would continue the
lu-ar.'ngs until he arrive:) at a solution
of the gas oil question.
TEACHERS MAY GET EEFUNDS.
Totnl Finally I Inn Heen Estimated
at SUO-i.lSU.
Teachers and other school employees
to whom the city lias owed sick re
lunds and retirement payments since
l!)18 -may receive their remittances In
the near future, provided tho Board of
Education will request the necessary
appropriation from the Board of Esti
mate, according to announcement yes
terday by F. II. La Guardla, President'
of the Board of Aldermen.
The payment had been- held up by
the oontroversy between Comptroller
Ci arlea I,. Craig and the Board of Ed
ucation, each contending: It was unable
to ascertain the amount due because
the other would not cooperate. Presi
dent La Quardla then Investigated, and
yesterday announced the total as $204,
1S2.S2 owed to .1,707 Individuals.
GIBE DISCOVERS NEW STAR.
Evidence Fqgndl on Old Photo
graphic Plnte nt Hnrvnrd.
Cameripoe, Mass., March 17. Discov
ery of a new star, the" sixth In the con
stellation Sagittarius, was announced
by the Harvard College Observatory to
day. The, nova was found by MLis Woods
of the observatory staff on photographic
plates taken in 1905. It docs not ap
pear on recent plate..
nniidltsi It ou Clcvolnnd Hank.
C.kveland, March 17. Two armed
bandits entered tho Lorraine avenue
branch of the Cleveland Trust Company
when the bank opened to-day, held up
tho cashier whilo lie was making up a
payroll, secured 'U2.000 In cash and
escaped In an autoM-vblle,
4 -AND
THE NEW YORK HERALD.
Titp .crrv ir'n, fnunded bi; Beit Dail
1331S 'ME NEW YORK HERALD
teas founded by vomea uoraon iicimon
in 1835. THE SUN pawed into the con
trol of Charles A. Dana in 1888. Jf
becama the proptrty'of Frank A. itunieii
in 1910. THE NEV YORK HERALD
remained the sole property of its founder
until his. death in 1872, when hli3on,also
James Gordon Dennett, tttcceeded to the
ownership of the paper, which continued
Oi his hands until his death in 1918.
THE HERALD became tho, property of
Frank A. Munsey in 1020,
IIUH1NE.S3 AND EDITOIlIAIi OFMCK8.
MAIN BUSINESS AND JSDITORIAIi
OFFICES, 280 BROADWAY. TELE
PHONE, WORTH 10,000,
IlItANClt oniCEH for receipt ot adver
tlaements snd anle of papers!
PRINCIPAL UPTOWN OFFICE Hersld
Bulldinr, Herald Square. Tel. Clreeley
(1000.
HARLEM OFFICE 205 WEST 125TH
ST.. NUAIt SEVENTH AVE. TolTOl
Mflrn!nielil. Open until 10 P. M.
WASHINGTON 1IEICJIITS OFFICE 533
WEST 181ST ST. Tel. OOPS Wadsworth.
Open until 10 P. M.
DOWNTOWN OKncn 200 BROAD
WAY. Open day anU night.
UKOOKCVN OFFICES BAOLE BUILD
INU, 303 WASHINGTON ST. Tel. 1J00
.Mln.. 24 COURT ST, Tel. 6138 Mln.
Open until 10 P. M.
BIIONX OFFICE MS WILLIS AVE.
AT H8TII ST. Tel. 0C0O Melrose. Open
until 10 P. M.
Prlnelpn! Forrlen and American Durrani,
WASHINGTON The Munsey Bulldinr.
CHICAGO 208 La Salle St,
LONDON 10-43 Fleet St,
PARIS 19 Avenue, do I'Opera, 38 Itut
du Louvre.
There ore about 030 advertisement re
ceiving stations .located throughout New
York city anil vicinity where Hun-Hcrn!J
advertlsemenls will bo received nt otBce
rates and forwarded fpr publication.
Daily Calendar
- THE WEATHER.
For Eastern New York Fair to-day
and to-morrow; moderate northwest
winds, becoming variable.
For New Jery Fair to-day, to-mor.
f.?,i.t ',a,rll' cloudy; moderate northwest
wlndB, becoming variable.
or Northern NeV England Fair r.C
somewhat colder to-day; to-morrow fair,
northwest winds, becoming variable.
or .Southern New Englund Fair to-day
ana to-morrow; moderate northwest wntl,
becoming variable.
For Western New York Fair to-day: to
morrow Increasing yloudiness and warmer.
WASHINGTON, March I7.-ITeisure hs
risen coniidereblr east of the Mississippi
nil .V. 11 wirucsi uyer jower .Micnacan,
tj18 westward in the Plains States ai.cl
... ..wny .uuumain renon it nas lauen rip
L.li.. a."'1 Nevada disturbance ol last
night lias reached east Colorado, with aboiU
In Its ,r',T(lr""'l"'"!r' wl,h mP'd'X rising piv-snre
There were light local snows in the lake
region ami rains In Uie Atlantic and e' st
Gulf Rtateii. with heavy ehowera In porU
of bouth Carolina. Georgia and Alabama. ,n
Oio central valleys, the plains States and tho
Northwest the weather was generally cloudy,
whilo In tlio far West there were snows and
rnln. enept In Ihe north Pacific Slates.
Temperatures are generally lower In the
Law and South and somewhat higher else
where, except in Utah and Arizona.
..T"" eastward morement of the Colorado
rain to-morrow night or Friday in the upper
; v. . f . ttulJ II1C lower uuiu vaucy, arm
by Friday in the Western lower lake region
'M 1 h. .......... V. I n , . 1 1 . II I . . . 1 .
ceptlon of local showers to-morrow tn the
.-v.,,. nc w, -inner win do g-entTBJiy jair
to-morrow and Friday in tho Atlantic and
cloudiness In the South.
.,.'! P8 somewliat warmer Friday In the
Ohio Valley and the lake region.
dluervatloiw at United States Weather Bu
reau stations taken at S A. M. yesterday, ser.
enty-fifth meridian time:
Temperature Rainfall
last U hrs. lUro- lat:i
Stations. 111th. Low. meter, hrs. Wpalhr.
AMiene 71
Albany 41
Atlantic; City.... C6
Baltimore M
48 a.W .. Cloudy
. S0.0! .. Cloudy
41 30.13 .02 Clesr
41 S0.W ,03, Clear
- S0.42 .. Clear
40 3.80 . 06 Cloudy
30 30.20 .. Snow
64 - 30.16 .72 Cloudy
32 30.42 .. Pt. CIdy
36 30.36 .. Clear
iO 59.38 .. Cloudy
22 9.82 .. Clear
SO 50.40 ., t.'lear
64 50.04 .01 Foggy
10 ;.80 .. Clear
61 30.22 .. Clear
IS 30.16 .. Cloudy
44 30 01 .22 Clear
IS 50.40 .. Clear
6 50.12 .. Clear
40 29.98 .. Cloudy
42 50 14 .09 Clear
31 50J4 .. Cloudy
49 29.16 .. Clouily
34 29.92 . . Pt, CIdy
50 29.S2 .'A Cloudy
W 29.90 .. Cloudy
I0.M .. Clesr
14 -80.06 .. dear
2-1 30.32 .. Cloudy
SO 30 30 . Pt. CIdy.
46 30.13 .01 Clear
lilsmarrk ;, it
Boston i
Buffalo 33
t'harieston U
Chicago 33
Cli.rtnnati -46
Clereland 32
Denrer M
Detroit
Galveston ....
Helena
Jacksonville .
iKansas City..
H.o Angeles..
Milwaukee ...
New Orleans.
Oklahoma 63
Philadelphia .... M
littsburs 3S
Portland. Me.-.. 48
Portland, Oro... s
Stilt Lake City.. 32
San Antonio o2
I San Iliep 51
'Can Fram-i'0.. 64
St. Louis M
St. raul .r
Washington 65
LOCAL WEATHEIt KECOnD
.S A. M
Barometer "9.90
Humidity 48
Wind-dlreclloa AV.
Wiikl velocity 48
Weather Clear
St
N. W.
Clear
Precipitation .. ...
The remrwra' , In this city yesterday, at
.V,rriwl Viy nfflyiisl th.rmn.i.ln. (
recorded by , official thermometer,
it
shown .j the annexed table
S V M II 1 P. M.... 1
6 T. M 41
7 P. M 41
t P. M 41
9 P. M 31
10 P. M 27
9 A. M 49
10 A. M 49
11 A. M 47
12 M r,
2 P. M. .,-
3 P. M S
4 P. M.....43
5 P. M 42
13.N). 1919.
9 A. M. ..)..(! 41
12 M L47 41
3 P. M 43 5.-.
1920. 1M!.
6 PM 41 5
9 I. M SJ 61
12 Mid 26 49
Highest temperature, St, at 12:30 A. M.
Lowest temperature. 3". at 10 P.M.
Average temperature, 43.
EVENTS TO-DAY.
Ilnuoe by the Italian division of tlie lulrrta
tlousl Institute for ForeUu Born Women for
the benefit of American Free Milk and Relief
for Italy. Y. W. C. A. Hostess House. Forly
flrt strret nnd I.eiluglon avenue. 8 I. M.
Dramatic Art Society, one act play and mui
rale. Hotel Astor, 8 P. M.
D.nnor to Francis M. Hugo. Secretary of
State of New York, Hotel Commodore, 8 f. M.
Pruf. Justin II. Moore ot City College will
lecture on "Poland and Ike Balkans" at the
Harlem Y. M. C. A., 5 West 12otti street, 8
P. U.
Men's night dinner of the Women's Nalloyl
Book Association, Park Arenue Hotel, 7 1'. si.
Miss Janet Richards will discuss "Publlr
Questions" before the Ely Club, Hotel Bill
more, 11 A, M.
W. II. It. Hirers. V. I!. 8., of Cambrl.lae
t'nlrerslty. England, will read a paper, "Tlie
Unconscious," before the New York Academy
ot Medicine, 17 West Forty-third street, at SWi
P. St.
Display of paintings. Independent Society ef
Artists. Waldorr-Astorla, all day.
Associated Manufacturers of Electrical Sup
plies, dinner, Waldorf-Astoria. 7 P. M.
Association of Dealers ot Mason Building Ma
terials, lunrneon, Waldorf-Astoria, 1 P. M.
Alliance Francalse, meeting, Waldorf-Astoria,
8 P. M.
Association of Lacedaemonians, dance, Waldorf-Astoria.
8 I'. At. .
Ordnance Engineers Club, dance and supper.
Hotel Astor, 0 P. M. '
Art lu Trades Club, dinner, Hotel Astor, 7:50
P. M.
National Industrial Conference Beard, meet
ing. Hotel Alor. 10 A. M.
Illinois Women, mcetlug-. Hotel Astor. 2
P. M.
Flske Kimball will lecture on "Early Ameri
can Architecture," Metropolitan' .Museum ot
Art, 4 P. M. .
Dance. Twenty-third Precinct, Police Depart
ment, Hotel Pennsylvania, 8 P. M.
Laundrjmen's Club of New York, supper, T
P. M. .
PUBLIC LECTURES TO-NIGHT.
"Life With the United States Agriculturists,"
by Dr. Francis Holt-Wheeler,- Washington
Irving High School, Irving place and Sixteenth
atrert. Illustrated.
"George Washington, Who Mid Amrtoi
Safe for D'niurracy," by Garrett P. Senl"
P. S. M, Broadway and Academy street, la
wood. "Tho rhl!5japh' Plsv ClisntleUr " hr I)r
Henry R. ne, P. S. 0-.'. Hester and 'Essex
streets. Illustrated.
!cture recital on Chopia. by Eleonore M
Tayej, P. S. 115, ,177th street, near Audubon
tvenue.
"Current Event." by Dr. Nrlsen P. Mead.
P. S. 1C3. 2.1 West lOSth street.
'Itlchard III.," hy Ilkhard A. Purdy. Itebre
Sheltering Ilnardlng Society. Pleasaatvllif.
"Boron. Silicon. Borax, (llass and Quirt:-,
by Dr. WUllam U Estabrooke. labor Temols,
Seeonfl .erenae and Fourteenth street Hint
tratcd by experiment!.
Ii
r
r