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tar 4- r x si I r it . f V' I' 1 I 1 i r 6BTDRATT SCORING IquIs .ifotsliall Tolls Them Hereafter! Exemption Claims s Must Bo Proved. TOO MANY i MEN ESCAPE 5Var Industries Helped in La Ijor Problems nt Mooting ' Called by, U. S.-Burcau. rr... i .;..... i mmUnlUon. suns, a rolanes. motors and other r nmrfnrrnr..niilve!i tome of the world's largest factories Were hauled overMhe coals at a meet- ins; In the -Washington irvlrur High FJchool last night by Louis Marshall, lawyer and member of the New York district draft board, who said that some of these1 men had perjured themselves In obtaining exemption for employees on tho ground of IndlsDensablllty In Indus 'try; that the draft board had been "un intentionally deceived," and that from -t now on the mere affidavit of a manufac turer that an employee was essential would not' bei sufficient) the assertion roust be proved. ( 'The, producers of war material gath- - ered In the 'high school on Invitation of .the Bureau of Aircraft Production of the .war Department and the United States Employment Service to receive Informa tion which would help them to meet labor problem and Increase their output.. This they received In abundance. One of' the speakers. II. E. Miles, chairman of the division Tit training of ,the Federal Employment Service, revealed ,by speech and lantern slides haw' our allies and. some American manufacturers bare trained In a marvellously short time women, boys ana men above military age or In tho limited service classes to , do-skilled work In factories-, and so re-. ' lease, the fighting; men for the front. Marshall Speaks Ills Mind. After hearing, Mr. Miles and seeing the pictures Mr. Marshall, who la a -member, of tho law. firm o. Ouggenhelm, Unter- , tnyer & Marshall, spoke, his mind In a way that .seemed to- astonish a large . portion of hla audience. . N Mr. Marshall said the occasion de minded frank words. "There has been,"he said, "consistent perjury on the part of some ot the most important manufacturers, in that .they have said- that certain laborers are in dispensable to their Industries. They I aro not Indispensable. These, applica tions have been made to the district .draft board uf New 'Yorle-because of the Inertia that controls the average mind. "You manufacturers have got the men ad you want to keep them. You say ' they are Indispensable because that Is maier than looking around.' You would rather keen men of flEhtlna- ace than If , -vlook for a woman who, after a short 1 i- time". An rln -th wnrlr hAttAP Ihnn a 4 f Man. i f sf v'"The practical- application of my re $ marks toithlr: I give you my assur ance that although omr might have been J. trtrlct In the past; from 'now on we shall srnbject ever' 'application 'for deferred , eJkasincatlon -to the. severest' analysis : i tie draft board has eot to be shown be- fere any man' will be adjudged essential Industry. ' Most Give Exemption Proof. TThls Is not a threat It Is a fact We eball not yield to" a mere application Mating that a certain man who operates a drill press-or constructs the wings of airplanes or airplane parts and the like ja no essential that he cannot be re placed bjr a' woman or by a man from . one of the four deferred classes. "We know now what we didn't fifteen .months or a year ago,, that men hereto feTre claimed to be exempt are not In fact entitled to- deferred classification. We tiave been told In the past, tor Instance, that a man working on a micrometer re i quires tremendous skill and ability. We llnd that a woman cah operate this ma chine better than a man after, a week's training. .' "Unintentionally you men have de 'JeWed us. This Is strong language, but truo. We have received Information .which we had' iro'rlgnt to expect from you. These- pictures we have seen to slight prove that 'we are not receiving that cooperation In the employment -f women that has been achieved In Eng land, France and In some places In tills country, too. "Last Thursday our draft board had ' conference with thirty-live manufac turers In your line. On-a of them, a mu nition manufacturer, admitted that he 'could substitute women for men In 76 per cent of the work, but hadn't lone Jt, It would require effort, change, the opening of n training school, something tjlftt tho factory was not accustomed lo. S(en Shirking Their Doty. "Yqu are golngalong the paths of least resistance. You are employing men of fighting age In their best years for lighting, men who Instead of being- at the front are shirking In the shops. That's what t amounts to shirking. I assure you t)tat hereafter you have got to find your working men and women where you can do It without injury to the fighting line.- "If the war Jteeps on we shall have to resort to eonscrlptlon of labor as well fjt soldiers; that will be the solution In the end." The manufacturers who had at silent tinder all -this castlgatlon applauded for the first time. Mr. Marshall told of a factory owner who had given him figures of the constant coming and going of workers at his plant "I said to him," Mr. .Marshall con tinued, " 'You haven't' got a plant ;' you've got a parade ground.' The man who shifts about from factory to fac tory the place to put him Is right at the front; he'll get some discipline then." This provoked both handciapplng and cheers, proving, that Mr. Marshall had touched a responsive chord. "My reaqtlon' from what we have heard and seen to-night," the speaker concluded,! Is a. practical one. Take to heart what Mr. Miles has shown you. After tho war you'll have to, meet the keenest competition. To meet It you jpurt havecompetent workmen. , Ton Much Hole of Thnmb. "We've been doing business In this country -by the rule of thumb. Ineffi ciently. We have got to stop boasting that we work' with our brains. Wa have said that our workmen are the best In ,the word. It Isn't true, but you can make It true. But remember this: A mere general statement that a man is w ,T i 7 win noi go wim tne a ran . ..... ..u nut uo turauu that any really essential man will be Ant. Into triA nrmv tint wa,. o-nfr cent Into the army, but we've got to be Percy S. Straus, a member of the firm of R. H. Macy '4 Co. and a representa tive of employers on the advisory' com mission of the Council of National De fence, was chairman of tho meeting. He said that although there was much talk of peace actual peace was so far away that war production must be In creased father than retarded, and at the same time men needed for the army must be released from Industry 'In such way that Industry would not feel the loss. . "Pershing can't use women and older men, but you manufacturers can use . both." Mr. Straus said. ' Mr, M!!es who for years was a manu facturer, said that never In hlstory'had 10 to ISO pec cent more war material! per capita ot employees In peace tlm, and thla by the una" of old men, the physically unfit and for the most part or women. I The Lnt Dior. That Count. "la the United States laiyt" he aiked. "Are her ordnance producers slow ot mind, that with nil her resources Intact our marvellous boys at Chateau Thierry had to ua French cannon and French powdert' "Gen. Williams, chief of arrfly ordnance productlon.Mn a letter just sent out to every lance munitions producer, warns us flint the cAll Is at this Instant upon the factories.. The boys are taking care of themselves. He asks that every pos slble ship leave our docks loaded from deck to deck with munitions for In etant use. Will we respond? "It Is the last, blow that counts, that .l measures the value of all that has gone 1 be?re- Wn? know that Germany will , nfiuu now7 la none of your business or..r when the war will 111 end. The'. '.7 . -:?5.rV,nl, auu" m" pwn eyes .1.1 .2 and slows' hlTarm If he thlnki the; war may end.. Some, of us are dulllmr ours suv.il uiuugnu. were me war .to enp to-morrow the- best thing wecould say to.,our returning victors wouUTHiet 'Do you know, boys', the last thing we did was to make certain of yiur supplies for two years to come If need'baT' " There was hardly anything so -large or so fine (hat a; women. could pot go Into a factory and make It. Mr Miles said. He had seen a woman earning $4.60 a day making the finest parts for the lib erty motor a woman who three weeks before had been retting $ a week In a candy factory. Many women were won derful mechanics, he said. By new und scientific means, by training school maintained by the factories themselves' women could be .taught Jn from four to fifteen days here Just, as' they have been In France and England, and production Immeasurably Increased. " j ' Need BOO.OOrj More Workers. , Half a million new war workers must be found for-tho1 United States within nlnetyj days 50.000 In alone; and a' great-number around New i oik, r. Allies jsaia. England artd France for two years.have not allowed factories to "hire, and fire" caftlessly, or to '"steal" hero.. Thev hnv obliged by, their Governments to set up in eacn plant; 'Ameri can factories must come to this, he said. Already, where" "thelplan has oeeit tried, production has 'Increased 15 percent "The 'problem 'for maniifflf.r.-a said Mr. Miles, ."la to maVe five John Smiths If flve are needed Instead, of quarreling over, the one John, Smith available. And remember that tMere Is hardly anything In machinery that a, woman can't do as wellvas a man." Henry Bruere, urrlng collective ac tion through the United. State 17m. ployment Service, the New York branch of wilch he directs, proposed that em ployers Join. In a.'want" advertisement setting forth both the different kinds of Jobs to be filled and the attraction or,, training opportunities. Capt A, p, , Simmons, a former British military observer, who thought the war was far from' ended, and Ameri can army and, naval officers -.were, other speaxers, FIVE ON TRIAL FOR -DRAFT CONSPIRACY . . G. F. Fobte, Broker, and Two Sons Accused With Two Officials. ' ' Gilbert F. Foote, of Fpughkeepsle, until recently head of the brokerage firm of At'water, Foote and Sherrlll, wTilch failed In April with liabilities of nearly. 11,000,000 and no assets, was arraigned yesterday with his two sons and two draft board officials, before Judge A. N. Hand In the Federal Dis trict court on Indictments charging con spiracy to violate the draft law. Through their counsel. Abram J. nose, the flve entered pleas ot not milltv. -Ten days were given to Foote In which to demur or take, other .action. Pending nnai pleading, tne bankrupt broker was placed under 110.000 bond. The ball of his sons, Gilbert F. Foote, Jr.', and Andrew G, Foote, was fixed at 15,000 eaclu Albert A. Slmnson. a nifmlwr of the local draft board at Poughkeep- sie, ana unanes w. swirt. or the dis trict appeals boards at White Plains, were the other prisoners. John 8. Wil son, also a member of t lie Poughkeepsle draft board, and Charles C. HahCtrans portatlon manager of the Barrett Manu facturing Company; of this city, who aro named as co-conspirators In the In dictments, have yet to plead. The alleged conspiracy had to do with the Illegal classlflcAtlon'of the two Foote boys. Mr. Curtis charged that the young men, through the aid ot draft board officials and Hahl. received ad emption from active service In the army and were classified as filling essential war occupations as employees of '(he Barrett Manufacturing Company. The additional charge was made that young Andrew procured exemption on the ground that he was a farmer and connected with the Agricultural Reserve Army stationed there. Andrew, so Mr. Curtis said, recently married a Miss Mollvary, a .daughter of a member bf the Barrett 'Manufacturing Company. and was a student In the University of i-ennsyivania immediately before he filed his claims for exemption. It is asserted In the Indictment that In re turn for engaging In the alleged con spiracy, Simpson, Wilson and Hahl re ceived checks from time to time' from the firm of Atwater, Foote and Sherrlll, purporting to be profits on entirely mythical stock transactions. TAX SALE DECISION ' WAITS ON BRIEFS Justice Scudder Says He Has Power to Interfere.' Supreme Court Justice Scudder re served decision after hearing argument' In Mlneola yesterday on an application from Mayor Hylan's committee on tax ation to make permanent the temporary Injunction restraining Treasurer Luyster of Nassau county from holding a tax saie wunin two years, lie asked the . attorneys for both sides to file briefs uy neri weanesaay, f Samuel S. Breslln, I n i . . . counsel to the Mayor's committee, appeared for Anton J. Wettach of nockvllle Centre, in whose name the application wa .made. .He said that a tax sale would Inflict hard ship on many persons, especially sol diera and sailors and their families who own amill pieces of land. 11. Stewart McKnlrht, attorney for Nassau county, disputed this and said the law com pelling tax sales was sound and the people of Nassau resented the Intrusion of a "partisan committee from New York" In their affairs. He argued' that a court of equity cannot control the exercise of discretion vested In a county olllcer. Justice Scudder replied thatthe court had power to Interfere "If the acts pf Yortviu'e court Vent 'y.sVday VA .nceVtte'c,ou,a HA. t0. take 'charge 'o, Wn IS COPELANDPLEA Almost 400 Children Lost Pnronts by Inflncnzn. Com- missloncr Says., EPIDEMIC NEARLY OVER A !Icatl6ss Landlords Continue to Arouse Ire of Health ' Ch'lcf.i Tables Show Status of . Influenza Here Comparative nrurrt for Influent and pneumonia caves and deaths for Tuesday and Wedntfdar'by borourni are riven In the followlnr' table; INIXVENZA. Catei er- Deaths WM. Tues. Wed. Toes. Manhattan. The Bronx. Brooklyn,.. Queens Richmond.. 1M a Si M lit 11 1 m us lot- Ji 1.091 1! t.l 1 3 15 5 Total lit rNEUMONlA. Cases Deaths Wed. tTues. Wed. Tues, Manhattan.. The Bronx... Brooklyn.... Queens Richmond... 7 It r M Hi . 190 !5 H t ! In ii 51 7 1 It ei 14 I ' Total m Dr. Royal 8. Copeland, -Health Com missioner, celebrates his birthday to-day by appealing to tho public to adopt the babies and children left, fatherless and motherless by the influenza. The epi demic Is practically over, there being but 417. new cases reported yesterday. "We Have between three and tour hun dred ba'bles and children, that must have homes,; their mothers and fathers died from' influenza," Dr. 'Copeland mid. "They are all sorts of. babies., black-and white, girls and boys, and many of them" really beautiful children, and I'm sure they would bring' 'habplness Into any home. They must be cared .for In the immediate future." At present these children' aro being kept In hospitals until provision can be made for them. Those who' have been ill of Influenza are .In the Seaside' Hospital at New Dorp, Staten Island, and those who have been exposed to' the disease but who have not contracted It so far are being kept In the Seaside Hospital j at Coney Iauand to await developments. They .will be kept until, the period of In cubatlon Is past. The babies and children that are not adopted will be given over' to the care of Institutions, each according to the perents' religious faith.', To use Dr. Copeland's expression, he'd "like to kick some of tha heatless land lords" because, jthey will not turn on the heat In thelr'rented bulldlnga where there Is Illness -until threatened by the Health Department and the police. "It's outrageous he way these land; lords treat their tenants." he said. "Now7 as much as'ever, the sick need heat. And if they don't get It tuberculosis Is likely to develop In many cases. Wo are gath ering evidence for the prosecution of a number of these heatless landlords. In most cases Investigated the heat has.been turned on Immediately wen they were notified that It had to be ; thus they saved prosecution. ' Because Tuesday was election day, Its figures were, given 'out by the Health De partment slm6ltaneously. with Wednes day's. Tuesday'M comparatively large number, 1,094, Is due to "holdovers" by doctors from Sunday and Monday, Dr. Copeland explains. Wednesday's figures may be considered tho true criterion of conditions. Hospital Superintendent Dies. Jnmes J. Gallagher. 00, superintendent of the Jersey City Hospital, died in the hospital Tuesday of pneumonia, which developed from Influenza contracted In caring for -Influenza patients. For twenty-five years he was' a letter car rier In Jersey City. WILL BE 2D LIEUTENANTS. - i Xevr Yorker Graduated From Field Artillery Training School. The following men have been gradu ated from the Field Artillery Central Officers Training School with recom mendattonn for appointment as Second Lleutenufits : Charles Westly Alcolt. 547 Wes' 157th afreet New York : Emanuel Louis Chles, 1704 Seventy-eighth street, Brooklyn: Guy Chester Converse, 606 West 132d street, New York ; Frederick Lincoln Dean, 126 104th street. New York; IAuls Martin Hachenburg, ms.Qruger ave nue. The Bronx; David Mordecal Held, 121 West UStli street." New York; Rob ert Fletcher Haughton, 68 Decatur street, Brooklyn; Henry Irving Jacob, son, 626 .West End avenue. New York; Stephen Jacoby, 526 West End avenue, New York; Wllllpm Ferdinand Kerston, 3236 Varlart place, Glendal'e,' I I. ; El bert tawerre McConnell, 226 West End avenue, Manhattan Beach ; Samuel Cecil Miller, 1133 Gravesend avenue, Brook lyn; Irving Abraham, Satorirjs, 20 Broad street. New York; Jose'ph Whltla Btlm son, Gotham Hotel, New York; Paul Welgel, 4445 Furman avenue. New York; Reuben Welsberg, 1615 Cleve land street, Brooklyn ; Charles Arthur Wolf, 205 West 148th street. New York; Frank Hugo Wolff. Hotel Majestic, Sev-enty-second street West, New York. WARNER FURNITURE' HELD. Court .Restrains Wife From He- uiovlnn House FurnUhlnar. The costly furniture 1rr the house of Mr, and Mrs. Charles Blaine Warner, at Kensington, Great Neck, L. I., may not be used by Mrs. Warner pending the outcome ot a dlsputo regarding Its own ership. That phase of the couple's troubles was settled 'yesterday by Jus tice Lazansky In the Sunrema Court. Brooklyn', when ho Issued an Injunction restraining Mrs. Warner, who insists the furntture is hers, from removing any of It from, the Great Neclj residence. Mr. Warner, son of Charles M. Warner, head of the Warner Sugar Re fining Company, Is suing Mrs. Warner for divorce, After they separated a van drove up to the bjg Long Island resi dence and parr, of the furniture was started for Manhattan. On the way, however, the elder Warner overtook tho van, had the driver arrested and the furniture Impounded at the order of a magistrate. Mrs. Warner Insists the furniture was a gift' to her from her husband, but ho denied that Justice Lazansky took the, vie that lt should be left where It Is until, the courts have decided who owns it Magistrate McQnade la III. - Magistrate Francis McQuade, presid ing In the Harlem court, is 111 In his home, 632 West 111th street. Ills cases were transferred yesterday to the Wash ington tieignis court. Magistrate Fred FIVE GITY COUNTIES ' i . Justice leniuler B. Fabcr Only Bcpublicflii Elected to Supremo Court BEATS JIAUBICECONNOJiLY Whitman Carrie? Just Three Election Districts In 'New' York City. The Democratic .organization's In New York city won -a sweeping victory' In every county. The grains of comfort the Republicans could gather out of the results came In the election of Justice Leander B. Faber to the Supreme Court bench In "the Second Judicial district, where he-haa been sitting by Appoint ment of Gov, Whitman, and the election of it Congressman In a Democratic dis trict In' Kings. Although County Judge Robert I, Roy, Democrat, vas elected td one df the places by a total vote of over 210,000, Justice Faber won over Borough President-Maurice E. Connolly by something like 15,000 votes. This was due. how ever, to his vote In Nassau and Suffolk counties, as Connolly 'can ajiead of Jus tice rarer, in rungs, wucens ana men mond -4 4 Alfred E. Smith, the Democratic can didate for Governor, had a plurality .of 2(0,483 .over.Gov. Whitman In the city. Brooklyn wa the big surprise. . While u was figured that Smith could not pos sibly win by more than 60.000 there, hla plurality reached 77,442. In Manhattan It was 107,92; In The Bronx, 46,805 ; Queens, 29,233, and Richmond, 6,01k McCrate Wins In Ulnars. In Kings oounty the Republicans. won one'Congress seat, the Third, where John McCrate, with tbe Democratic as well as the Republican nomination, defeated Michael Fogarty. runAIng Independently. but- with the'support of' tho Democratic. organization. t 'Another source of comfort was In the reelection of Representative Reuben' L. Haskell In' tho Tenth District. He was seriously threatened by Abraham Shlp lacofr, the Socialist candidate. The lat ter, was defeated by a plurality of 1,597. Representative Frederick W. Rowo In the'Slxth district, supposed to be strong ly Republican, got through by the nar row margin of 184 votes. The Republi cans In Kings lost a Congressman In Representative Oscar W. Swift, but he was running In a new district, where his chances were never considered good. Although the Republlcarrs In Manhat tan helped t,o elect-Henry My Goldfogcl, a Democrat, by fusion, defeating Repre sentative Meyer London, the Socialist, and reelected Representative F. H. La Guardla and Isaac Sleget through the aid of the Democrats, they lost thai seat In the Nineteenth, held by Representa tive Walter M. Chandler, and failed to elect Frederick C. Tanner in the Seven teenth, which was believed to be a safe Republican district In Kings county the Republicans lost two Senators. In the Sixth district Senator Charles P. Murphy was beaten by Lorlng M. Black. Jr.,' by a plurality of 962. Senator Robert F. Lawson also went down to defeat m the Ninth, his Democratic opponent, Charles E. 'Rus sell, winning by 1,656. Senator Charles C. Lockwood In the Seventh defeated his Democratic adver sary by 4.999. Although two of the three. Assembly districts In the Senate district are now held by the. Socialists Glassberg, the cahdldate of that party for the Senate, ran a noor thlni in th race. Senator Alvah W. Burllngame, Jr jicpuuucan, was returned to the Senate by a reduced plurality. Demorrata flvreep Manhattan. In New York county the Republicans did not elect a single Senator, loslnr iwn seats. Senator Albert OUInser was de- iraiea oy ADranam Kaplan.- Democrat. In the Fifteenth by 20,593 to 25.054. Schuy ler M. Meyer, running In the Seventeen" district, to succeed Senator Courtland Nlcoll. Republican, was defeated by Ju lius Miller, Democrat, by a plurality of 2,092. There had been much confi dence In the election of William Duggan, Republican, In the Nineteenths but he lost to Edward J. Dowllng. the Demo crat, by 6.445. There was evn a bet ter diance of Harold C. Mitchell, the Republican candidate for the Senate In the Twentieth district, winning, but Will lam C. Dodge, the Democrat, defeated him by 6.414. A Republican was elected to the Sen ate in the Twenty-second district In The Bronx. Peter' A. Abeles. but It w 4... through fusion with the' Democrats In' rnrffor fi rtfnt IH. Cai.ii.. Gov. Whitman carried only" three, elec tion districts in the entire city, one In Manhattan ami two In Brooklyn. The honor of holding up the Governor's standard In Manhattan fell to the Twenty-first district, of which Moses M. Jfc Kee, secretary of the Board of Elections Is leader. The Twenty-third district; which la normally heavily Republican, fell down badly, going for Smith by a vote of 10.778 to 8,295 for Whitman. Smith Wins "Diamond, Back.'' The Governor's own election district, which as' a Republican district of con sequence has been known as the Dia mond Back district, went against him by 7,178 to 8.669 for Smith. The two Brooklyn districts carried by the Governor were the Twenty-first and the Seventeenth. In the first Whitman got 11,329 to 9.903 for Smith. This Is known as the Flatbush district, through which the Brighton Beach Elevtrd line runs and where the fatal accident oc curred on Friday night Tho district was carried by the Republican candi date for the Assembly a year ago by 2,000. although the womenn were not voting then. F. J. H. Kracke. one of the -members of the Public Service Com mission, which was criticised so severely by Mr. Smith In his campaign speeches. Is the virtual leader of the district. The Eighteenth Assembly district, which Is adjacent to the Twenty-first and for merly a part of It, went Republican for the Assembly a year ago by 800. With the women voting this year. Whitman wor"'n v011 Iosr U y.mT than 2.000. Another' district through which the Brighton Beach line runs and in which the victims of that wreck live Is the Sixteenth. It went for 8mlth by 8,67 to 4,685 for Whitman. Last year the Democrats carried It by less than 2,000 for the Assembly. The Socialists lost eight of the ten Assembly districts now held by them, holding only the Twenty-third In Brook tyn, where Charles Sqlomon was ejected, and the Seventeenth. Manhattan, where Assemblyman August Claessens ' was' reelected. There was no fusion agalpst 1 .i. oT.ii.f. in "B",l1" 'B fi. JitJ." "trlcts as. In B of lne olhrs- ' O'Lrnrr III With Inflaenis, The Illness of Jeremiah A. O'Leary In Itellevue Hospital again caused an adjournment of hla trial for espionage and conspiracy to commit treason when his case was colled before" Judge Cuih. marrMn the Federal District Court yes terday. O'Leary has Influenza and thi es-1 the itt, court ordered Dr. George R. Stewart 1 KA West Nlnetv.fourth Ktreet fn -.... on his condition. State Defanee Cotmeils to Con- for' on Policy. WaiitiKOTOM,' Nov. 6. Representa tives of every State Council of Defence' In the country have accepted the Invl' tatlon for a conference, with, the War Industries Board of Washington No vember 11 and 12. This conference will 'bo one df the' moat Important ever held In this conn try, for It will arrange the policy foe the handling of nationwide problems, particularly those covering non-war construction. -In preparation for tills meeting Chairman Raruch of the Wr Industries Board .has made public the' following llsjs of projects- which 'should be deferred ' until final peace has ben declared. " '-y Park Improvements, sidewalk, mo tion picture houses, theatres and other amusement places, public ' bulldtng. garages, gasolene stations, bank build ings, commercial enterprises and store buildings, hotels, office buildings, nofP war factories, mills, apartment build ings, churches, schools, eewasre avstemn. grain elevators, gas and .electric light. piBiun auu wHier worx improvements. Under the plan, now In operation all applications fnr new non-war con struction are made to the State Coun cils or uerence ana if recommended, favorably are rent to the non-war con struction section of the 'War Industries Board, Washington, for review. Under a new ruling reference to Washington will not be required In tho case of new construction or extensions the cost of hlch Is not over 8500 When same are a Ih ... tl. n I f of Defehce. New farm bulldlnga to cost not exceeding 81,000 do not require n license. - These necessary restrictions will be modified as soon as war conditions per mit. HYLAN TO OPPOSE NEW TNT PLANT Exnlobion.ot Morgan, Ji. J., Showed xtc Gneafbangcr ' to City, Ho Says. , Mayor Hylan and the city administra tion will oppose the reconstruction of the T; A. Gillespie TNT plant at Morgan, N J., where a few weeks ago .'tho' blow ing up "of magazines wrecked a whole. section of New Jersey and caused a day of fear In New York. Murray Hulbert, Director of the Port, has been requested by the Mayor to at tend the sittings ot the United States Senate Commission appointed to Investi gate the causes of the explosion and to determine whether the plant should be rebuilt so near to large centres of popu lation. The Senate Commission, con sisting ot Senators Myers of Montana. Beckham of Kentucky and Freltnghuysen of New Jersey, will hold Its first meet ing this morning In Perth Amboy, and Mr. Hulbert Is prepared to voice the clty opposition. Allan A. Ryan, Dep uty Police Commissioner, and John Ken Ion, Fire Chief, will accompany the Di rector. "I have received private Information that one magazine alone at Morgan holds 560,000 pounds of TNT," said Mr. Humbert yesterday. "I am informed that If another accident such aa took place a few weeks ago should explode thla tremendous store of high explosive the results to New York city would be disastrous. It Is a chance we canuot afford to take. . T have called for a statement from the .chief engineer of the Department of pocks as to what would be the probable result to ine city s water mains in case of 'an explosion greater than the recent blowup, and It appears from a prellml. nary survey of the possibilities that the whole water supply systfm might bo wrecked. Moreover, I have been In formed that the blowing up of a mag azine containing 550,000 pounds of TNT might shake down many buildings here In the city. The engineers tell me that the Woolworth. Singer and other mod ern steel skeletoned bulldlngs would likely Btand up, but they say that there are many old time buildings that would be apt. to crumble. "It Is my duty to lay thene'facta and suppositions before the Senate Commit tee. I do(not believe that It la necessary to maintain a high explosives plant so clcse to this great centre of population." FOND OF GERMANY, DISCARDED BY U' 5. Teacher "Who Bared His Secret Love for "Fatherland" -Loses Citizenship. , A letter written to the German Consul General In New York In which Frans Hagan, a teacher of languages "and a naturalized American citizen, declared his sympathies were all with the father land In the war and that he was ready to renounce his oath of allegiance to America resulted yesterday In the can cellation of his citizenship papers by Judgo May.er In the Federal Court. Hagan, who Is 45 years old, left Ger many when ho was In his early twenties without having served In the army, he testified. He said he had never returned, and that he had taught in Eng land and "Bermuda for some time before coming to the United States in 1899. He made his declaration In Philadelphia al most as soon aa he landed, and received his final papers here In 1905 In December, 1915, Hagan told Judge Mayer, he saw an advertisement In the Htaat$ Zritvng for a teacher of German In a high school In Mexico City. He wrote to the German Consul-General here, In which he enlarged upon his qualifica tions for the place, and asked for a recommendation. ,. "In my heart and being I have' al ways remained a genuine German," Hagan wrote, "Immediately after' the outbreak of the war I reported myself at the consulate In order to go to Ger many. I am also ready at any time to renounce American citizenship and to Join forces with Germany again and to do everything 'for .the' advancement of Germanlty abroad." Smoke Kills Fire Captain. William D. Connell, captain of Engine .no 1 City F re Company No. 6 of the jersey Department, was overcome at a fire at the National Carbon Company's factory ; at Henderson and Fourteenth streets late Tuesday and died when being taken I to St Francis Hospital. The surgeons nam tne smoae irom me pucn room Of the factory caused heart failure. He was 50 years old and, lived at 144 Erlo street Jersey City, with his family. Woman Dead, Gas Tulip fn Month, Mrs. Julia Stern, 6J, was found dead yesterday Ih her apartment, 815 Went l&vin sireci. ono was anting in a chair with a tube from a gas jet In .her mouth. Her husband, Harry Stern, to formerly connected with the office I - it,. r-n1l.in. T.t.ra.l n wl Charleston. 8. C. WITH ALL fLAGS DP Thrco Days Celebration of Austria' Surrender on -News by wrclcss. i if SIX INFLUENZA -DKATlfS Snrgpon Succumbs to DIscaso After Coring for 35 Vic- tlms on Board. An Italian steamship came Jubilantly Into an Atlantic port last evening flying all the flags the law'nllows-to celebrate the surrender 6f 'Austria, Her pas sengers. Including ta score of American travellers, 'many of Uncle Sam's blue Jackets from?-the Mediterranean Ameri can destroyer flotilla and folk of other, nationalities, got word by1 wireless of the Austrian collapse when tho mer chantman was three days from port and all hands held an International festival of thanksgiving. A note ot sadness pervaded the company fcecanise of the death from Spanish Influenza ot the 'hip's surgeon, 'Dr. Antonio Onato, who HVA hi 1 If rt In fltfftnrttn tlmlftfUllV In attending tirelessly thirty-five patlento aboard, Including passengers, who were stricken while the .vessel was detained At Gibraltar, Dr. Onato himself finally was taken down with the disease. He believed .ho had recovered sufficiently to resume his duties. The skipper and other officers urged him, to rest, but he said he re garded It as much his duty .to attend to his patients, as It would be If he were mlnlstezlng to soldiers on the field of battle: He fell dead afUr Oanclng In .the ship's saloon Just before she sailed from Gibraltar. He was born In Genoa thirty-nine years ago.. His body was sent to his- wife and mother In Genoa. He had been six years In the service of 'the line. Among the flve aboard the vessel who died were two assistant engineers and 'three steerage passengers. The ship arrived at an American port with a. clean bill of health. I - ' Some of the passengers, who rejoiced In Austrian defeat were Glullo Rossi, basso of -the Metropolitan Opera forced ; Mario Marchese, conductor; AtTuro Loynaz del Castllllo, Cuban Vice-Consul at Oehoa, and his wife, who is the daughter of Gustavo Navarete, Cuban Consul-Geheral at Genoa, and E. D. Nor ton. Mrs. del Castllllo, who has-been away from Cuba, her natjve land, more than twenty 'years and has spent years In Germany, France, Italy and England, hilar a little girl of 3, Victoria. who understands French "and English and speaks Spanish and Italian. TRIES TO FIX WRE.CK BLAME 0NTHEB.R.T. Prosecutor Seeks to Tro'vo .Operating Company's Of ficials' Responsibility. After BUbpcenalng all tia minute books of the New York Consolidated Railroad Company, District Attorney Lewis of Kings county said yesterday: "In the Investigation of the wreck on the Brighton Beach line I am trying to get at the real officials rather than the dummies. The B. R. T., It muqUbe re membered, Is not nn operating but a business corporation. I am anxious to get at the criminal responsibility of those In the business- corporation who are .feeding on the earnings of the op erating companies. 1 want to straighten out this cobweb of corporations." In the John Doe hearing before Mayor Hylan Monday it was testified that the president of the consolidated company, which operates the Brighton Beach and other rapid transit lines,, is J. H, Hal leck. Timothy S. Williams Is only a director of that company, but is presi dent pf the B. It T., the holding com pany. The District Attorney Is trying to provo that the B. R. ,T. manages the affairs of Its subsidiaries and Is respon sible for mistaken they may make. There Us an Interlocking relationship among the various companies that constitute the B. R. T. system, and to this Mr. Lewis is trying to And tho key. He passed most ot yesterday studying the minutes, which were transferred to his offlce..from B. R. T. headquarters. When the hearing before Mayor Hylan Is resumed to-day In tho Kings County Court House Mr. Lewis expects to prove U has been the practice of the B. R. T. to'ltlve motormen twenty days Instruc tion before letting them run a train alone., and that Anthony Lewis, who was running the train that was wrecked, had had 'only six and a half days experi ence and only two and one-half days In struction. Mr. Iwls said last night that the five cars of the trala were examined last month and found fit for service. His investigators have examined minutely the track and roadbed at the fatal curve, but he would not say what they had dis covers! except that It was "important" FIEE ROUTS FIFTEEN FAMILIES Warehouse Block In AVeehaviken Causes Loss of 2BO,000. Fire destroyed yesterday the storage, warehouse of the Independent Lamp and Wire Company In Weehawken, twelve dwellings and a clubhouse. The Are originated In the warehouse and spread rapidly, first to the clubhouse and then td the adjoining -buildings. The Wee hawken Fire Department was Inadequate and appa'ratus from Union Hill, West Hoboken and West New York aided. Among the dwellings destroyed was that of Frank Parker, manager of the Lehigh Coal Company. .Most of the others were two family houses. Mrs. Parker, who Is HI with pneumonia, was carpled from her home to that of a neighbor. Fifteen families were ren dered homeless. The damage was 1250, 000. ' SCH00LH0TJSE FIRE HALTED. Police Say Thrift Stamp TtflrTea Ntnrtrd Blase. A fire was discovered at 9 :25 o'clock last night In a desk on the third floor of Pub,lc 8oho1 l?' Tnln' nvenue between Seventy-n nth and Eightieth street.. Tr was extinguished by John J. McCarthy. I janitor, before more than trifling dam! ae had been done. The nollce believe the blase - by boys who had broken Into the build- Ing to steal War Savings Stamps, which have been kept In the teachers' desks. Every desk In the building had been jimmied open. a Infirmary Fund Itrarhre fits:, 277, Zl raise 1200,000 for the reopening of the New xorK mnrmary for Women and Children. S21 East Fifteenth street at a rally yesterday in the Hotel McAlpIn reported that their tag drive election j ' .... iV.. '.." .. . itav and mibarr htlonn Mnnrtav n.t.. i ;76brln!ng the fund to 1113,277. J ns.759. brlmrlng the fund to IIIS.277 I KILLED IN ACTION Ncwsj'of Death Comes After Family Sees Picture of , Him, In "ThcrSnn." 8 TIMES BEFORE HOYALTY Fonchor' Nlcdfll ,Falls While , leading Men in Repulsing ' Enctoy AUackV , Capt, Charles Anlftony Fowler. Jr.. commanding Company M,, 325th, Infan try, was killed in action October 11. Mas the husbanL.of Isabella Hoyt Fow ler of Great Neck, I I., and Amn'. Dutchess county, T. Y., and son of Charles Anthony Fowler and, the late M. Virginia Fowler, - It was on a Sunday In early June that anxiety a to the health and where abouts of Capt Fowler, Jnder which the father and other members of the family were suffering, was relieved by the pub llcatloa In Tltr SON'S Sunday Issue of a portrait df Capt Fowler leading o company of -a National Army regiment In review before King George of Eng land. This was his third experience before royalty. In 1904, when ho was studying at tho University of Geneva, his father .took him on a trip to the North Cape. . . The-Kaiser was cruising In Norwegian waters, and permission was ftranted to Inspect the imperial yacht Tho.Kalser was tramping up and down with two aids, 4nd as he was about to pass him Capt Fowler and his girl companion swung" directly facing the Kaiser and Hrw nn ihi hand to a military salute. .Instantly the Kaiser and the two aids" returned tne saiute. ine unusual .iuu. of permitting Capt. Fowler and his com panion to Inspect every part of the yacht was tHen extended by tho Katser. Greeted by. Kins; of Greece. As a clld and while ,on a tour of the world Capt Fowler started out In Athens one day with his governess to rail An ihm Klnir of Greece. The "King greeted the. boy and directed that all I tne playthings .or tne royai cnuuren uc shown to him. Capt Fowler received his' education at the Cutler School, com pleting his studies In Genef. He was one 'of the first to 'train ht Governors island for the Officers' Reserve Corps and 'was appointed a First Lieutenant before the war" broke out. He completed his military studies at Port MePherson, Georgia, 'was apponted Captain temporarily and assigned to the Officers' School at Fort Sill. Oklahoma; for still further instruction, attaining the permanent appointment of Captain. Capt. Richard F. Woodward of the 311th United States Infantry was killed In action, according to Information which the "wife 'of the Captain sent to friends In Brooklyn yesterday. Mrsv Woodward s telegram read, " Dick died hero, battle Argonne." . Capt. and Mrs. Woodward formerly lived at 357 Fifth street, Brooklyn, Mrs. Woodward Is at present living In Nor folk, a. Aa petty chief officer of the IT. 8. S. Florida Capt Woodward parti cipated In the landing at Vera Cruz In April, 1914, and received special men tion for gallant conduct. He applied for transfer to the army upon the entrance of tiie United States into the war and .was commissioned at Fort Myer, Vir ginia. Killed at Head of Ilia Men. ( Capt Fancher Nlcoll. commanding Company L, 107th U. S. Infantry, for merly the Seventh Regiment, was killed when leading his company in France In the latter part of September. Of his company only twenty-nine members are reported to have survived. Capt. Nlcoll was leading his men and cheering them on when he was shot through the fore head. As he was dying he reached out his hand to comfort his company clerk, who had been wounded beside him. One man of Capt. Nlcoll's company In writ ing ot the matter said: "That's tho way all tho Incidents con nected with Company L and the regi ment run neroism and bravery that can never be eurnassed." v-upi. .-nicoii iook .part in several en gagements on the western front, A letter of the commanding Qencral, Sixth uritlsh Division.- said: "I have read with great Interest the report of Cajit. Nlcoll on the attempted wld by the enemy on his post teslrr. day. Pl convey my congratulations to tne -omccr commanding and all ranks of the Third Battalion. 107th Infantry, on the gallantry and skill with which they repulsed the enemy." Capt. tflcolK was the 'son of the late James C. Nlcoll, N. A., -whose death oc curred recently. He was 'born on Oc tober 29, 1878, at Shrub Oak, West chester county. He was graduated from Williams Colie-re, class of '99. anrt . tended Columbia Law School. He was a partner of Harris S Towne, attorneys, ...... i . in 1 1 a 1 1, Served nn Mexiran Border. Capt. Nlcoll first enlisted In Company K. Seventh Regiment. In 1900, and was appointed Captain of Company L on July 24, 1913. He served on the Mexi can border, was Inducted Into the United States service on August 6, 1917 and sailed for France on May 9 last' Oapf Nlcoll was a member of the Zeta Psl Fraternity of the Century Aasoeia tlon. Sleepy Hollow Club. Hardware Club, Society of the Colonial Wars past master of Independent noyal Arch Lodge. No. 2, F. and A, M.. and for many years was recording secretary of the New York Historical Society In 1905 Capt. Nfroll married Marie Christine Spies. His wife and two chil dren survive. Lieut Stewart Dow Connolly, for merly an amateur Junior Eplf champion Is alive In the German prison at Karls ruhe. He wns first reported mlsslnff and later dead. Lieut. Connolly, In a letter dated August 25, wrote cheer fully to his father, Kdward M. Con nolly of the National Sutety Company In his flrsT bombing expedition August 11 an anti-craft shell killed Lieut. Connolly's observer, shot nway his right rudder controt punctured his gasolene tank ind wounded him slightly in the hip. Four Fokkers attacked as his ma chine fell' out of control. One got n front of Lieut. Connolly's falling plane and this he brought down In flames. Hla own machine Anally crashed Into a German" trench". Second Lieut. Arthur Wall 1 Much. n A nun fomnnnv iiitAft i 'July 30, was tHe son of Mr and Vr? t Mr8- Brooklyn ' He had Wn mi a,'n"e' fihrnan A Kemp, Wafer s trP MalV tan. Vfo & enSrV flJi: attended the Officers Training School at Camp Upton and was 23 years-old. Lieut. Jament H. Crossoti, non of Mr and Mrs. Michael Crosson. 138 DIvHon street. West drove, N. J fell when lead Ing his men In a charge In the Bols des Ogrons, near Nantlllnls. northwest of Verdun, and Is burled there. ir Mn;.o;YanTnhent?koV,iaB,ar):4i? "IS wen. nuiuau rwn aiierwarn. p.Vt T nir nU.. "ou'ther1t'' mm2lton St HatuhSSS T"?'1 h"' STtTwhoW ln AuKUI"' Lieur. Kdwln F. O'Dougherty. 1W, ana who .-..'. ..nine .vim ino "i??IY'n. NovemW1'. was wounded ta Taction bp 1 JulyTs THE 'WEATHER. For eastern New York, fair and slightly warmer to-day; partly cloudy to-morrow ; rrjofJerate southwest winds. to-morrow: slowly riling temperature; moderate' eonthtrlr winds. Western New VoLk. fair and slightly nrirm.r lA.ffav! . tn.mnrrow Daftly Cloudy. probably, .showers and cooler along Lake Northern ttsw Eng land, fatr and warmer to. day; to-morrow partly cloudy, prob ably showenj moderate southwest winds. Houthsriv New England, fair to-day and probably to-morrow 1, rising temperature; moderate)' southwest to south winds. WASHINGTON, Nfy. . Fair weather haa Dravalled a-entratlr east of the Mia- alMlppI, In the Missouri Valley and Plaint state. There hare been scattered inun derahowtr and local rains and light snow la weitern Nebraska and southeast Wyom- The' temperature has rlnn in the lake region and Ohio Valley, and It Is decidedly eoldsr In thai 1'laliva States and lower I Missouri. Valley. I Fasr wealtaef will continue in the Wash ington rarocait district during tne neat forty-eight hours except that rain la prbbabls Friday In the Ohio Valley, Ten nessee and Mississippi. The temperature will rise slowly In eastern districts snd it will 4e colder Jn the Ohio and lower Mississippi valleys and tbe upper laka region, . ' , LOCAL WEATHER RECORDS. 1 I A. M. t P. M.' Barometer . .. .. 10-St .. Ji .. East 10.4 (7 East 10 Clear Nona Humidity .....,',.... Wind direction wind velocity Weather . , . .'A-j. .'. . . '.'.Cloudy , . None Precipitation ,. The temperature In this city yesterday, 1 recorded br the official thermometer, la snown in tno annexed lamei i r. M...4& 7 P. M...4S S V. M...43, 9 P. M...4I lOP. M...4 ials. 1917. I A. M,..40' .I P. MJr.,47 a. i...ir Il'.ll.l.li is p.at...4 P. Mll i 1. II, ..47 KIT. 'i 10 A. M.)(4Z 11 A. M...44 12 M 4i lill. t A.M.... 42 4 5 PfM.V.4 IV - S FT M.iVi4 '.45 ei 12 M 45 V. il... . ( 6S 12 Mid 42 44 Iflvha.l l.mn.r.lnp.. it. at B P. M. Lowest temperature', l, at 1:1 A. M. Average temperature, 44. Obiervatlnna iratrrdav br the United Rtatei Weather 'Bureau stations" sbowlnr atmos pheric conditions In tht various cities: Temp. Veloc iHlfh.Low.Wlnd. lly. atn. Wthr. Atlantic Cltr.. &3 N.E. 10 Clear jsasipon....... n Boston 4 K. N. N.E. 8. H. N.E. N. N. ,. Clear ,. t'loudy ,. Clear .. Clear .. PlCld.v l.n aomiv .st Cloudy .J Cloudy .. Clesr .. Clear Jacksonville... as Chk-axo... ft. Louie Minneapolis.. Denver Bismarck Charleston,.,. Norfolk.. 4JV E. .. N.E. MINIATURE ALMANAC. United Ststes Coast and Geodetic Survey -Standard Time. Sun rises i.tM A M Sun aets.......4:l6 P M Moon sets r. . ..tim f HIGH WATER THIS DAY. Sandy nook... '.at A M lov. Iilsnd...: A -M lieu ule 11 m a LOW WATER THIS DAY. Sandy Hook. ..3:11 A M Gov. island. ..!: A M lieu uato .......iWAA EVENTS TO-DAY. National Opera Club, meeting. Waldorf- Astoria, 1 P. M. Athene Club, meeting, vtaiaori-Asiorie, 11 A. M. Southland Club, meeting, Waldorf-Ae- torla, 2 P. M. St. Andrews Society, meeting. Waiaorr- Asiorlav I .P. M. .New -York: uta slatlve League. meeiing. Waldorf-Astoria, 2, P. M. Htuyvesaot Polyclinic society, meeting, Waldorf-Astoria. 2 p. M. . Prof. V: n Ruthrie lectures on "The European Situation," Harlem Y. M. C. A., :10 Pi M. Chamber of Commerce, meeting. (S Lib erty street, noon. Discussion .on "Huraerr of the War Zone," .Academy of Medicine., 11:30 P. M. Opening or headauarters nfths Auxiliary .Corps Fire Department. 1S3 West SUty- eignin street; s:so 1 11. iiroomin institute -yrll Maude win talk on "Woman's Work In England to Win the War," 2 :30 P. ,M. .Dr. Everett Kimball will lecture on "The Voter and the Party's at 4 P. M, and the Forum Current History meeting will be nt 1:15 P. M. PUBLIC LECTURES TO-NIGHT. MANHATTAN. "Aleace-Ixirralne.'' by John a. Neu- marker, Waihtbtton Irvlngi High School, 40 Irving place: ttereoptlcon views. "Fractures. Dislocations, Sprains and Sufrocajtlonr (third of a series on "Flrt Aid to the Ihjored," by Theron W. Kilmer. M. D., Public School , Hudson and Grove streets: stereoptlcnn views. 'ueorse Htrnard Shaw, the NVm,.!. nf Sham." by Charles F. Lawson, Public School 44, l(th street and St. Nicholas "Tolstoi and the Iluiilan llAi-Mntlnn " by Count llya Tolstoi, Public School . 2JS East Fifty-seventh street; ttereoptlcon views. 'Astronomical Evolution. " hv flnrrt r Bervlit, Public School 82, Hester, Eisex and Norfolk streets; stereoptlcon views ''The Department of Charities," by Hon. Bird 8. Coler. public School 16S. 2:5 West main street. "Whv Our Oolinlrv Ta a "v-v.,, n.. Hastjngs Hart (director of child welfare. Huteell Sage Foundation), Public School 17. Forty-seventh street west of Elchth avenue. "Mualral Significance; Hidden Meanings and Memages," by Mrs. Mary O, Sfurray, Labor Temple, southwest corner of Four teenth street and Second aenue. "Hawthorne and Moral Romance." by Prof. J. G. Carter Troon. Ph I), (thlrrf nf course on "The Novel and Short Story of 1 eiterday and. To-day"), T. W. II A 31 West 110th street. ' BRONX. "Women's Part In AVInnln. ih. u-.. by Miss Helen Fraser (organiser and speaker for the National War Savlnci Committee, London), Morris Hlah School. Uth street and Iloton road. "The .Red r'ron nf Tn..la. v... 11.. Frank W. Ilaldnin, Public School SI, i-n, tie Hill tiveniie. ht.wn 'mimnn -a Dlackrork avenues, Unlonport. ..ainrrine ine Mecond" (third of, a course on Russian Civilization") by Ar thur D. Reea of the ITnlvrrmliv nt !. sylvsnla. Public School J, Longnood aie- mb. r-eny ana lfCK street. rTanc.e, tne iiattlrsrouml of style In Art." by Louts Welnbere nf r- r v v Publlo Sohool S3, I6tth street, Fln'dlsy and Teller avenues; stereoptlcon views. RICE NOT SHOWN INSOLVENT. 1 . nankruptry Petitioners' Action Is Dismissed In Federal Court. The application for an lnvoluntarv petition In bankruptcy, filed ncalnst George Qrahuni nice, curb broker. Oc tober 25, waa denied by Judgo A. N. Hand, in the Federal District court yes terday, on tho .ground that the peti tioners had failed to show Itlce was Insolvent. Tho application was made hv Hor. nard Naumberg and Walter E. Ernst, members of the law firm of Oloott. Honynge, McManui & Ernst. In ho. half of Kohn and Company, brokers, ai Jiroaa street Herbert J. White and Abrahana, Saron. The dav after It waa filed It was reported that Hire was re moving alt of his assets from the well appointed ofllces he had occupied nt 27 William street. Kohn and CQtruHmy's olal ni war fm 32.970 allrged to have been ailv.in-p,1 on stocks In the Appalachian Oil Com pany anil tno I.nnilmzoi silver cdin. pany which. It was asserted, .brought nui no wnen nn attempt was made to realize on them, White and Saron Claimed 'j'j ana 3126 rekpeptlvely, as commissions on sales of securities. DO YOU 'MAKE TO ORDER? YES! SUITS $40 TO $65. There aro two Imported chev iot putts, S43. Attractive mix tures and inimoroim domestics of excellent quality, suits J45 and 50. A Humphries cloth niailo by K. I.. Cnnnble, Aberdeen, Scot land,' an overcoutliiK, warm nnd light and unusunl, $60. of course correct .stylo and litllor InsMnoludod, O. N. VINPHNT, 6th Ave, near 31st St. my f