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18 778,000 TO ENROLL IN PRIMARY SCHOOLS t JiicronRft of 11,000 Expected Over IlefiflHtratlon of LnHt Year, 75,000 IN HKUI H01TOOLS filiortnfjo of UiilldliiKfl Mny Compel Part Tlmo for Soino ClnflfiOR. Officials of the Hoard of Udurat on to making rendy for tho reception next week nf 771.000 pupil In the ele mentary schools or now oru niy. u in . expected Hint registration will reveal nn Increase In tho five UoroiJKlm of annul K000 over last year. About 76,000 will take up work In the IiIkIi schools, nn incrrano ni wires or tour hut year. 15. A. Nlfenrcksr, assistant to Super Inlendent nf HchooU Kttlnger, Mid tho Hoard of IMucnllon had hern promised Inst week hy tho Building Department that within ninety day enoush new school conitructlon would have teen completed to rare for tho expected In crease nf 11,000 In tho elementnry sohonls, F.vrn no, there remain 67,000 children who had to he placed on purl time lnHt year. It In feared that duo lo the uncertainty of the building situation thern will he morn congestion In tho schools than u year nil". Two new schools are being erected In Mejahnttan, seven In the llronx, ten In Brooklyn, three In Querns and ono In Jtlchmnnd, Of theso ten nro rxpectsd to to ready thin fall und seven during tho winter, The sections where tho conges tlon will he mom felt lira Tho llronx und tho llrownsvlllo section In Ilrooklyn, Thero will to no shortngo of teacher. In fact, thero ! u gopd slxrd woltlng lint which enn' be drawn from. Tho In cleaned salary schedules nnd thoialnck enlnc In other opportunities for womon workers nro probably reponlble, Thin year the "11'J Continuation School net goes partially Into effect, Last year, tftider tho existing law, 7,000 children who had left school without graduation und wtre working hnd to at tend whool it few hour i week, This year the enrolment of those pupils la expected to reach 11,000, SOLDIER SHOOTS WIFE AND HIMSELF Shell Shock and Gas Broke Down His Mind. ' George litrry, a cildier, who was ahrll shocked mid Kami twice during the fighting In France, culled tu see hla wife ninl "ulr six. month-old baby nt hrr father' Inmo In l.'nlonvlllo, N. J,, yexterduy mooting, ll.i lind been at hie home In I.nkcsldo for month necking rccnvory from Id wounds. Half nn hour after he hud kissed hla wlC both were dend, Hue hnd a bullet Wound In he- breast and Im a hole through tho head, He fell beside the crib In wills') l.lu child waa sleeping, nnd tho revolver Ik besldo him. Wnlter U Iletflcld, prosecutor, mndo an Invcstlg-ttluii and n;d that unques tlonnbly l'.irry wns tompuiarlly Insano, hla condition having Hen brouKht -on by the suf.'olng liv enduro. from hla Injuries. Mrs, Tarry wns 21 yeirs of ago. They wero married two years ago, when he returned from France, lie wim In tho Itegular Army and stationed nt Lake Ide, l'a. It was his first visit homo for several months, llcforo per mar riage Mrs. larry wns nsslitant pou mistress nt Inlonvllle. DEVIL GETTING EVEN, ROBS REV. STRATON At Least That's the Way He Explains Burglary. Tho Hev. John lloach Strnton. pastor of Calvary llaptlit Church, an nounced last night that na u result of his crusado hgalnst the devil and all his works burglars broko Into hla apart ment In 305 West Fifty-sixth street ro cently nnd stolo tho only suit of preach er's clothlnir that he poswessed, besides other clothlnir belonging to him and vnrleua gown belonging to Mrs. Strnton. The value, of the stolen. .property, Dr. Htruton said last nlKht In his announce ment, Is more than 11,000. Dr. Straton nlso announced t,h,nt this wan the tlilrd tlmo that hla apartment has been robbed since ho began at tracting public notice by his fight against tho devil, and he Is Inclined to look upon the deprcdntlona an something In tho nature of 'a reprisal. The minister's announcement talso said that "twice be fore tho devil's' gang sot Are to my home, trying td'hurn up my wlfo and babies, but God delivered us from them." Too attempt nt burglary which tho min ister haB reported to the police, how ever, was successful,' BOY FALLS 4 FLOORS INTO BABY CARRIAGE Smashes Buggy, but Escapes With Scratched Cheek. Joseph Vccchlo, 19 months old, rolled off his blanket on a flro escape four stories above tho stroet at his home, 303 East 111th street, yesterday after noon. Instead of bouncing down the Iron stnlrf, tho Infant plunged through tho well 'in the flro escape nnd lilt nothing until ho got to tho bottom. Then ho landed In n baby carrlago which a neighbor had left outside. The carrlago was smashed, but Josoph got only u scratch on ono cloek. Tho child's mother rushed down nnd finding him still breathing carried him to a drug store. The pharmacist looked tho child over, but could find nothing tho matter except tho check wound. An ambulance surgeon who arrived a few minutes later confirmed tho diagnosis. The father, Antonio, promptly offered to buy tho neighbor a new baby carrlago to replaco tho ono smashed. CHILDREN'S CAMP CLOSED. Oatlnff Given Younnstem From Tabercalnr Families. The season of the Summer Day Camp, conducted by tho New York Tuberculosis Association In cooperation with the De partment of Health, closed yesterday with a final outing for the children and some speeches by the sponsors at tho Old Hunter's loland ManBton, I'elham Bay Park. . Tho mansion nnd the park were de voted to the wclfaro work without j charge by oraer or josepn t: jionncssy, rnrk Commissioner of Tho Bronx. Mr. Honnessy, Dr. Royal 8. Copcland, Dr. John S. Billings ot the tuberculosis asso ciation, Arthur J. O'Lcary, Assistant Sanitary Superintendent of Tho Bronx, and the Ilc,v. William A. Courtney wero the other speakers. All the children Bhowcd gains In weight. They wero taken from homes of tubercular parents nnd allowed to play In the park dallyl, being brought back homo at night. They weru given free dinners. , POLICE HERE ADOPT RAPID FIRE PISTOL New Weapon Discharges 100 Shots in Six Seconds, A row firearm, a machine gun In the form of a pistol, has teen adopted by tho Now York police Acting Captain Charles flehofleld, head of tho Pollen Training Hchool and commander of tho riot battalion, received the first con signment of Ihu guns yesterday, Ten of them aro being purchased by tho de partment nnd lh 400 member of tho riot battalion will receive Instruction by quads. In tho use pf tho now weapon, It Is known as tho submachlno gun and Its principal usefulness will he In street Hots nnd In chasing automobile thieves, The gun, In Its largest calibre, the ,t, which Is tho one tho police will us, weighs only seven pounds and fires 100 shout In five and ft half seconds, Fired automatically, It can ho sprayed llko a hose, Ily pressing nn attachment the sun Is converted Instantly to n single shot weapon, which can be fired as fast as the finger ran pull tho trluger, The gun Is the Invention of tlon, John T Thompson, D, R M who was chief of tho small nrms division of (ho United fltntcs Army during Iho war, having chnrgo of all small arms production, It Is being manufactured by tho Auto Ordnanco Corporation of &01 fifth ave nue. Tho gun Is said to tho almpleM made, It has only eleven parts, POLICEMEN MARCH ' AT BOYS' FUNERAL Honors Paid Two Children Killed by Automobile. Patrolman Kdward Tolntlng of the West Forty-seventh street station walked nt tho head of tho procestlon yesterday when the fufiernl of Jimmy Wyll nnd Harold Hchuman, both seven years old, was held front their homo In J00 West l'Mfty-fourth street. Tho i)oys wore killed by nn automobllo last Tuesdny, nnd Patrolmuu Pointing led tho coriago nt tho request of tliolr parents, becnusn hu had once snvt4 Harold from death In n fire, nnd both boys took all their troubles to him. For n long time ho hns I.Cfii tho pnl and confident of all the noys In the block. Marching behind Patrolman Pointing were nve other policemen, sent to the funeral by Capt, James McAulcy of tho West Kortj'-sevcnth street police station, and behind the otllctTS enmo more than S00 children of tho neighborhood, dro'scd In white. Tho pallbearers for Jimmy and Harold were twelve of their playmates, from 6 to 13 years old, and In . thu ltomnn Catholic Church of Ht. Ambrose a bos' choir sang tho requiem, Tho streets through which the cortege marched were lined with neighbors nnd friends of tho Wylles and tho H-hu-mans nnd the police kept nil t radio off the streets during the funeral. Tho other four boys who wero hurt by the samv automobllo thnt killed Jimmy and Harold nro In it critical con dition In llooscvclt Hospital, Two of them mny die, POLICE AND FIREMEN ASK FOR $2,500 A YEAR Claims of 14,000 to Be Heard by Board of Estimate. Fourteen thousand patrolmen nnd fire men have tiled with tho llonrd nf Katl mate and Apportionment a petition for a sulnry of 12,600 a year, effective Jan uary 1, 1021, The petition Is signed on behalf of the putrolmcn by Joseph J'. Moron, president of tho Patrolmen's Ilencvolcnt Association, nnd on hchnlf of thu firemen by Albert E. Guinness, president of the Uniformed Firemen's Association. , Police Commissioner Itlchard K. En right and Fire Commissioner Thornm J, Drcnnau will appenr beforo tho Ponrd of Estimate to-day to discuss lh" pro posed Increaso In salaries. The petition pled with' tho bonrd says! "Wo do not believe It Is necessary to present any facts or figures on thu cost of living or tho wages paid My private corporations for work Involving less hours a day and no risk to Ufa and limb. Such facta and figures are np parent to nil ofllclnla and cltlxcnn. We havo learned by personal experience In all parts of the city that tho taxpayers and tho peoplo In gcnernl are willing to give the patrolmen nnd firemen a salary sufllclcnt to cnnble them to live prop erly." The salary paid to patrolmen and fire men, slnco thO Increases which went Into effuct August 20, Is I2.2S0 u year. ENRIQHT'S CAR IN COLLISION. Dr. Dayton Rets Huiuniniin After Ills AutnmoMle In Wrecked. An automobllo owned by Police Com missioner Itlchard E. Knrlght, In which ho wes riding, wns In collision early yesterday morning with nn automobllo driven by Dr. Chnrles It. Dayton of 132 Herkimer street, Ilrooklyn. Tho nccl dent occurred at Pacific street and New York avenue, Ilrooklyn, the Commis sioner's car turning from New York avenue Into Paclflo street and crashing Into tho physician's cir, which was wrecked, Immediately after tho accident Com missioner Enrlght's chnuffeur, Detective Sorgcant Desire, handed to Dr. Dayton u summons to appear In tho dates ave nue court, presumably to-day. Dr. Day ton procured e camera from a nearby drug store, and, according to a state ment made by Dr. Charles Soldel, from whom ho purchased the camera, he In tends to suo the Commissioner, Neither Mr. Enrlght nor Dr. Dayton would dis cuss the accident. SEARCH FOR "COL." BETTS. Noted .Iportuninn In Wanted to Fncr Chnrite of rinmbllne. A police search Is on for "Col." Lou lUtts, ono of the best known sportsmen of Lcng Island, who was Indicted laBt week by the Nnssau county Orand Jury ns n gambler. District Attorney Charles It. Weeks of Nassau county asked tho New York police to find "Col." Detts nfter the sporting man had failed to appear at his office. Mr. Weeks Bald counsel for "Col." Hetts had promised to produce his client nt any tlmo and ho had sot 2 o'clock Thursday afternoon for tho examination. Counsel came, but Betts did not, ac cording to Mr. Weeks. "Col." Betts Is said to have run King's Cottage at Hew lett. The Indictment grew out of John Doo proceedings, beforo Justice Town send Scudder at Mincola which closed lost week. "Col." Betts Is about CO years old, G feet 6 Inches tall, nnd weighs 195 pounds. He has gray hair and a gray mustache. His wife, suing for divorce In 1908, referred to him as "tho king of gamblers." $3,000 JEWEL ROBBERY. Anothejr In I.ontr Series of Borough Park Thefts. While Jacob J. Hartmnnn, an Insur ance broker, of 4822 Eleventh avenue, Brooklyn, was away from home with his family Thursday, buixlars entered nnd stolq Jewelry valued at J3.000. The pollen of the Fourth avenuo station In Brooklyn Jld not make known the rob bery, but It Vas confirmed yesterday by Mr. Hartmnnn. The robbory Is one of a scries In the Borough Pnrk section of Brooklyn within the last fortnight THE SUN AND inxnno ) UUHAIW LIKELY ACQUITTED Sorffcnnt O'Karo In Not Locked Up After Court-Mnrtlnl nt (JovornorH Inland. YOIIK'H CASE ENDED SOON Defondiint'fl Testimony Differs From Tlmt of Friend nnd Couimel of Slncker. f Sergeant John O'Hnre, thirteen year an army sergeant nnd with twenty yearn of service, wns not taken Into custody at the does nf his court-martial yester day ,at Clovornors Island ror mo escape . ...II TtLII:. ot Hmver ueveianu )icriiiiii inim delphlu draft evader, This was taken to Indicate an acnulttnl, Sergeant Calvin York,, who with O'Hnro took Uorgdoll to 'Philadelphia on tho way to lliiirerstown. Md won tried In less than twenty minutes, nnd II la bolleved wns acipiltted. Tho findings of the court mut go to Washington for review, Sergeant O'Hnro told n clear, direct story which varied In soma details from the testimony of Judge James Itomlg ot Philadelphia, a friend of the Ilergdolla, and i:, Clarence Olbboney of Ilergdoll's counsel. O'Hnro denied having mild that tho automobile which met tho party at Philadelphia was In need of repairs. Ho imlil although he never had ridden In ii passenger automobllo before, tho car seemed to bo working properly. They took n long rldo beforo going to the llergdoll homo nnd nt no tlmo did O'Haro sen n mrchanlo nt work on tho car or Imvo nny cnuw to bellovo It wns working faultily. O'llaro testified that the party waited thirty hours lit tno Uorgdoll home, nnd that tho delay was made neocssury by thu failure of Q lb bonny to communicate nny other ar rangements to him, llergdoll escaped through a second door In n room to which ha had retired and which wns locked when Sergeant O'Hnro tried It earlier In tho day, uc- cording to his testimony. Just before the1 escnpn ho said llergdoll, who hith erto had been perfectly composed, np peared to bo nervous, nnd walked up and down tho floor sovernl times, llefore tho court-martia board retired to determlno upon a verdict Lieut, Thomas I.. Heffernnn, summing up, asked the court to remember that tho Wnr De partment, former Ilrlg.-Oen, Ansell nnd l.leiit.-C'ol, Hunt, commander of the dis ciplinary prison nt Governors Island, hnd been duped by the plan, nnd In these circumstances It wan not remarkable that an cnllited man had been taken In, I.leut,-C'ol. Charles Cresson, Anslstant Judge Advocate Ueneral un tho stuff nf (len. Dullard, testified thut thn Depart ment of Justice had Information of a plot Ho enable llergdoll to escape months neforu May 21, when tho flight took place. This Information was not given to the Wnr Department, so far as he knew. I.lcut.-Col. Crusson said the plot hinged on nn attempt to obtain n writ of habeas corpus as soon ns the prisoner ar rived in miinrtcipiiiii nnd contained tho statement, the witness said, "that llrlg. Gen. Ansell Is to see nbout that." . M. SMITH SUED ON CRUELTY CHARGE Wife Seeks Separation From Kailroad Supply Man. Edgar M. Smith, vice-president of the Q. and C. Company, 90 West street, dealers In railroad supplies, nnd n mem ber of tho Engineers, University und Old Colony clubs, wns numed defendant yes terday In n Supremo Court action for separation. Mrs. Nannlo I. Smith, who lives nt 29 Clarcmont avenue, charges him with having treated her cruelly slnco 1911, They wero married In 1S98 nt Newton- vllle. Mass., nnd have three children. Carolyn 8. Tnlcott, n daughter, mar ried last January, Is living nt Kes wick, Va. Itlchard, ll, and E. Ilyam, 12, aro with their mother. In her complaint sho declares thnt she Is now destltuto nnd III. Her hus band had allowed her $350 n month, prior to time sho filed the nctlnn, and this sum sho says l necessary for the support and maintenance of herself and her sons. Sho says that her husband receives 16,000 drawing nccount nnd a shnro of tho company's profits. In nn Itemized nccount ot her hus band's alleged "cruelty" Mrs. Smith charges htm with having choked her and with having torn her gown at a theatre. Ono summer, whllo they wero stopping at their cottngo In Nantucket, she says, her husband threw her out to tho porch. At another time, when sho protested against her daughter meeting a certnln woman, Mr. Smith said sho wnH "a big blister." Mr. Smith donles her charges of abandonment nnd cruelty. LEAPS TO HER DEATH TO PREVENT ARREST Woman Fatally Injured in Jump From Window. A woman who could rut endure tho mortification of nrrcst Jumped early yesterday morning .rom n aoMond story window of a house nt 155 East Fifty sixth street, whero sho rcr.tod n room a .week ago. Detocttvo Mouchner of Iho vlco squad of Inapc:tui' i&mucl Helton said his sus picions wero nroused by the nctlons of the woman and ho followed her home. He knocked m tho door nid Informed her sho w.vi under nrroit "It will Jlsgraco my mother and sis ter," he laid the woman explained. Sho closed tho door nnd ran to a win dow. Tho detective followed, but he was not fast enough, alio had, Jumped to tho. yard. Sho died In Hcllcvuo Hos pital. Tho polloo said tho woman n namo was Mrs. May Walsh. A search of tho room failed to yield nny Information regard ing her relatives. She wan nbout 36 years old. MEDAL IS GIVEN HERO. City Kniployrr Honored for Hes cne ol 1'our Children. Henry H. Curran, Borough President of Manhattan, awarded a medal last night to John nusscll, an employee of tho engineering division, at the annual summer nigius iesivai oi mo em ployees of tho offlco or tho Manhattan iloroueh President. The medal was voted by Russell's fellow empoyees be cause of his rescuo last July of four children playing on a rnft In the North Illver when It swiriea into tne cnannci. Two of the children foil off. Tho entertainment was held at Man hattan Casino, to raise funds for the welfare work dono from tho Borough President's office. Stettlnltii to Leave Hospital. Edward B. Stettlnlus, of J. P. Morgan ft Co., who underwent on operation for appendicitis nt Booscvolt Hospital re- i tently. will be taken homo to-day or ' to-morrow, It was said nt the hospital yeiterlny. MEW YORK HERALD, SATURDAY, SEPTgagElg, ATTACKS METHODS . OP DRY LAW AGENTS Court Holds Search Without Warrant Is Illegal. Judas Oarvln of the United States District Court In Ilrooklyn handed down n ftclolon yesterday Attacking tho prac tice ot trying persons accused ot violat ing tho VolsKAd act on Informations, In the case of Harold W. Quarltlus of 2138 linckaway avnnue, Ilrooklyn, brought Into court on Information filed by the United Stales DUtrlrt Attorney, Judge Oarvln held lhat tho nctlnn of the prohibition enforcement ugents In searching Quarltlus' saloon without a warrant was a clear violation of the Fourth Amendment to tho Constitution, "No conviction could ho had upon avldonca so obtained," en Id Judge Mar vin, 'The rights guaranteed lo thu pro nlu by tho Fourth Amendmont cannot bo dliregarded, As n part of tho funda mental law of tho land they wero granted iu n safeguard against opprei, slon, Informations cannot ho grnnlrd In the present caso, as sufficient subrtnu t n evidence has not been Adduced," On July 15 n wnrrnrit was Issued for Iho arrest or quiirltlui nnd nnothcr for the arrest of his bartender, John 'J'rnlnnr. They word nrrulgnud beforo a United HtateH Commissioner, but wern discharged on tho ground thnt when tho enforcement agents asked for a drink In tho saloon It was refused nnd thnt thry then proceeded to search the place nnd seized a quantity of liquor without i search warrant, The District Attorney then filed Informations against them In tho United Stales District Court, hut they requested a hearing nn tho grant, lug of tho Informations, Judge Garvin's doclilon wus upon this hearing, AMMONIA DRIVES GUESTS FROM HOTEL Escaping Fumes in Marlbor ough Cause Excitement. Ammonia funum escaping from it broken pipe In tho cellar tit the Hotel Marlborough, IJroadwny nnd Thirty sixth streot, last night drovo nnrn than a hundred persons from tho dining room and cabaret, Tho fumrn penetrated tu tho first lloor ot the hotel beforo they wero shut off by firemen. Tho hotel corridors for a tlnm wero crowded with excited patrons und ntorcs for n block In either direction of tho hotel wero forced to closo their doors until tho nlr hnd cleared. Tho leak was discovered by Edward Smith, engineer of tho hotel, who tried to enter tho basement und close the pipes, but was driven buck by the fumes, Almeat Immediately tho nmmonla per mealed tho kitchen, dining room, cabaret and the hallways. ' A flru alarm was turned In by a steivnrd, Deputv Battalion Chief John F. King refused 'to allow hln men to enter tho basement -and summoned the rcrcuo squad, The members of the squad, wearing oxygen helmets, lowered. tnomreives tiirougn u shaft nnd tumed off tho nmmonla nt tho condenser. He serves from the West Thirtieth street pollco station wero called to keep back Iho crowds that gathered In llroadway. SOLDIER SOLICITED MONE.Y FOR PRAYERS Wounded Veteran Wins Free dom in Court. Ills slm'pli story of hlr exploits In the war won fr'edom yesterday for Samuel Sapllo when ho was arraigned In tho Gates Avenuo Court. Ilrooklyn. charged with soliciting money In tho streets. Tho soldier presented to Magistrate Dodd a elation for bravery signed by Qen. ''(rshlng. ",I vlanted to Ret funds to pay for a mass to bo said by tho priests of fit. Lucy's Church for my dead comrades In France," Snpllo said, "I served four teen montlH nnd was wounded seven teen times, I got th.i Idea when I was lying six months, In f, hospital getting over a wound In tho head. I pru'yed to fit. I.uoy thnt If ever ,1 got well I would pny for n nnuis for tho men of n v outfit who were kdled In action." Thn soldier snld ho ' had been em ployed on the II. It. T. nnd lost his Job through the strike, To admitted he In tended keeping his fii.nily a few dajs njt of tho proceeds ef his collections, Tho Magistrate told Sapllo ho might so licit for thn mass among his friends, Vtt not publicly. AUTOMOBILES KILL TWO MORE CHILDREN Score of Persons Hurt Also in Motor Accidents. Two children wero killed nnd n scoro ot persons were Injured In automobllo accidents yesterday. Thn dead nro Anna Carlmcnn, six years old, of 341 East 107th street, and Joseph Krnljlc, nged Ave, nf 170 West street. Both were playing In front of ,thelr homes when they wore run down, Daniel M. Sulll. van of 22 Newton nvAnue, Astoria, driver of the car that killed the' KrolJIe boy, was locked np oh n homicide charge. Thcro was no arrest In tho other rnso, In which the automobile wns driven by Andrew McKenna of 203 But ler street, White Plains. Both legs of Frank Klug, 6 years old, of 331 E.ist Korty-nlkth street, wero broken when he was run down by nn nutomobllo truck near his home. Tho driver, Alfred Ferrlgo, of Elmhurst, U I., took the boy to Dcltovue Hospital on tho truck. Holen Scully. 3 yearn old, ot 560 West F.lfty-second street, wus knocked over by nn automobllo when crossing tho street and It Is feared sho may havo n frac tured skull. Tho driver, Addison Austin, of Nonvnlk, Conn., wns held on a chnrgo of felonious assault,' Thcro wero many other accidents causing minor Injuries, TElLLS 'KING CHARLES' IT'S ABDICATION TIME Lunn Says He Is Serious in Letter to Tammany Boss. Signing himself Vour Bebelllnus Rub Jcct," Mnyor Oeorgo It. I.unn, Insurgent candidate for the Democratic Senate nomination, addcaiscd last night a letter to tho "Boss" of Tammany Hall, whom ho nddressed ns: "King CharlcB F. Mur phy. Your Mnjosty." "It Is with no deslro to bo facetious that 1 thus address you," wrote Mr. Lunn. "It Is to express on tho part of a rebellious subject from tho up-Stnto country my contempt for tho autocratic power assumed and exercised by your self In matters pertaining to the Demo cratic party, r am Interested In our party. I wnnt to sco It grow, do olop uid win victories. I pray you lot mo make a hunfble suggestion as to how you can tremendously help the Dem ocratic party. "Abdicate Iho throno which you havo set up during these years, nnd from which you seek to utter nnd In most cases do utter, tho final word that de cides the most Important nnd vital mat ters that havo to do with tho organisa tion. Do this, King Chnrles, and your re belllous subject submitting this appeal will be. Joined by a multltudo ot others In acclaiming you as ono of tho most self-sacrificing Democrats In the history of New Vork politic." JOKER REVEALED IN FOREST HILLS LEASE Tennnt ArIch Court to Strike Out Owner's Privilege to Cancel Itonownl. OirAHOEN 40 P. 0. PIIOFIT Ilrooklyn Protest Commltteo floffl Eneourngement From Mnyor'u Board Counflol. Hamuel Chandler, a tenant In Iho Onrdens Apnrlments, Forest Hill". I"" stituted yesterday a nupreme Court ac tion for reformation of his lease. The MM is a test one, many tenants being interested In tho outcome, When lie leased hui Apartment of the Gardens Apartments, Inc., In 1017. for n period of flvn years ,t 106 a month, lie assert that ho was Informed by tho owner, or his agent, thnt tho lesse con talned n ronewnl clausu nt the old rent. Be says that ha has slnco learned that tho lease contains a clause permitting thn Inndlord to revoke tho renewal pro i.i.inn un wnntN this clause, stricken cut, because ho hns received notice that tno landlord wants 1825 a month for his npartment at the oxptration of nw lease. Chandler rstlmntea that there nro 600,000 families In New York city who fcro hard put to find a place to live. He alleges thot tho aportment house i In which he lives wus assessed at UOO.OOO In 1018 and that the proposed ronts will yield an annual Income equal to 10 per cent, of this valuation. A committee representing fifty-six tenantH of flvn npartment houses on Huvcnty-flfth ntrret, Brooklyn, wero en couraged yesterday on appearing bcMro Julius P. Wilson, counsel for tho Mnyor s Committed on Kent Profiteering, to hear him express tho opinion that a Justice of the Municipal Court would giro them a year'H cxtumdon of tenancy If they laid their landlord u 10 per cent. In crease, Tho houses havo been owned, by Max Qoldberg of Chicago slnco August 15, and hi ngents hero Jacked up tho rents to 30 a room, Tho ngents demanded nn Incrcnse of ii per cent, over present rate nnd submitted figures to the com mltteo In Justification of Iho Increase. Mr. Wilson said that ho thought a 10 per ceht Increase would bo held num- clent by tho courts, In the West HMO yourv Magistrate Max I.cvlno held Mr. and Mrs, Thomas Mnhoney under bonds ot 1500 each to keep tho peace for six months. Twenty tennnOi in no npun where Mnhoney Is Janitor, testlded that ho and his wife hnd ohoved them nbout and abused them beyond endurnnco. A slitant District Attorney K. P. Kllron t stifled that ho hatl made a flyo day Investigation of the charges and that he had nearly been driven to vlolcnco b tho vllo language Mahoney used, ENJOINS CHARGING OF $1.40 GAS RATE Justice Scudder Holds P. S. C. Cannot Fix Levy. Justice Townscnd 8cudder, In the Su premo Court. Brooklyn, granted an in junction yenterdny restraining the Brooklyn Borough Ons Company from charging $1.40 por thousand cubic feet ot gas to Its customero in mo iniriy flrst Ward of Brooklyn, which Includes Flatlaiyls nnd Coney Island. Application ror ino injunction wnn mndo by Gerald Mnrrell of 20tl Hast Thirteenth street. The Injunction nlso restrains tho company from entering the homo of Mr. Morrell to adjust his gas meter, In order to compensato for tho difference between tho previous rate of (1.15 nnd the present rate of Jl.40. Justlcu Scudder holds that tho Public Service Commission hnd no Authority lo fix either ot the en rates, despite the fr.ct that the eighty cent gas dispute has been set asldo by tho higher courts on the ground that tho law wao confiscatory nnd unconstitutional. Justice Hcuddor at tho same time granted permission to tho City of Now York to Intervene as a plcjntlff and suggested that the city bring nctlon ao trustee to hnvn thn gas rate fixed. The courts, he said, havo tho right to fix thu rate, and thn compnny as well ns tho city may bring r. court nctlon for tlia samo purpose. "It Is my conclusion," reads tho de elslon. "that thn Public BcrvUo Commls slon had no powir to make tho order fixing a rate for defendant In excess of tho stntutory muxlmum, nlthough tho statutory ratn was adjudged confisca tory nnd void. "I am nlso of tho opinion that the al legation In tho complaint that the SI, 10 rata Is unjust, unreasonable, excessive nnd exorbitant and is morn than suffi cient reasonably to compensate tho de fendant Is a pleadable conclusion of fnct." BROOKLYN TROLLEY BOYS' PLAYTHING Strikebreakers Abandon Car on Switch. It's a poor strike 'Hint doesn't plcaso somebody. When tho strikebreaking motorman nnd conductor on u Ynnderbllt. nvenue car hit tho wrong switch last night nnd wont careening through Brooklyn where ever rambling mils led thorn, they be came disgusted with the vicissitudes of life In the bohiugh beyond tho bridge, and quit, leaving the inr In Park ave nue, near Marcy avenue. They took wllh them all the small change which In preN'lous dnya went o tho company. Hardly able to bellovo their good for tune, a crew of tmall boys manned tho car, Thero wtro soon fifty-two ambi tious motormen, Hovernl hundred conduc tors nnd absolutely no passengers. The, conductors rnng up enough fares to re movo tho B. It. T. from the depths of bankruptcy to tho heights of nflluence. They ran tho enr back and fortli, each motorman scrapping manfully for con trol. They did all tho things Bmnll boys with large Imaginations could dn to u renl sure 'nough trolley, ' Then tho good times ended with tho arrival of tho cops. They shooed away tho boys and held down the wandering trolley until nn emergency crew arrived. POLK TO ENTER N. Y. LAW FIRM I'ormrr Under Secretary of State Ilccome Partner October 1. Frank I Polk, formerly Under Sec retary of State, will enter tho law firm of Stetson, Jennings & BusbuH on Octo ber 1. Announcement of tho new part nership wca made last evening. Mr. Polk resigned his Federal post In June. He was appointed counsellor ot the de partment In 1015 and Inter became As sistant Becrefnry of State. When Congress created last winter tho office of Under Secretary of State Mr. Polk was chosen for tho position. He was r. member ot tho .American delega tion' to tho iieaco conferenro, and nf,ter the return of President Wilson and Sec retary Lansing continued negotiations for tho United States until the closo of the conference. nrrrxnv nncnv MAnF UI.IIVUI.UUUUI CAPTAIN OF POLICE 14 Other Officers and 12 Pa trolmen, Promoted. Lieut, George Ilusby, attached to thn detscllvo bureau, who won promotion In army service to the rank of Major, was madn a cnptnln of policy yesterday by VAN THE RESULT COUNTS MOST r As you smoke a Van Dyck Cigar you will realize that . here at last is something very choice, This superior quality is due to many reasons. The filler is all of cspecially'Selcctcd choice Havana; Ripe mami facturing experience contributes workmanship beyond the common kind. , ) But the reasons will , not interest you anywhere as mucji as the result the very choice result. Nothing goes higher than an Eagle in quality" Look for the colored display sign of &Kjfe$fit( It distinguishes the dealer with an Eagle-eye for style. EAGLE HATS For Dealers order oi Pollco Commlsslonei Enrlght. Tho promotion was ono ot twenty-ooven announced from headquarters nnd wm made possible hy n ruling of tho Cor poration Counsel suspending the regul. lions regarding Appointment from tho civil service list, ' . ,. , , Meut, Ilusby wan on the old captaincy eligibility list which was t'""'',2 during his war service hy civil nervlro tests, Ho contended thot h should ! promoted In tho department from tho expired list, no he did not Iiavo tlmo to familiarize himself with technical VERY 'CHOICE DYCK C I GAR THREE SELECT SIZES We auggest PRESIDENTS 17c 3 for 50c Box of aj J4.00 NATIONAL BRANDS NEW YORK CITY 347 changes In departmental rtdmlnlitHtlon adopted during hi nbienve, Lieut, llenjamln Austin received word of hi promotion to captain on hi fifiy second birthday, III father in a num. her of tho iorce, an I hla ott, J,(i,t Theodora D, Miller, a member ef o,, force ilnce 1110, nnd Mem .mrr Hyf, aIo twenty-four yrars In d'lrt ment service, wero madn captain-, Eleven sergeant wero made llemti, nnt, and twelve patrolmen - ni ,i fl Ihem world war vrteratis wr , h vanced tn sergeants, INC Fifth Avenue, New York I