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mw mm mm THE SUN, i SATURDAY, JULY 19, 1919. DAY AND HIRSHF1ELD GRIM AS RIFT GROWS of commv-Hy buying before going Into the plan, and ths only thing that (topped It wi i Commissioner Hlrshfleld's In vest I - cation. Ben Howf assured a Ben man that ths Plata Community Oub plan was not yet dead. Hiring Bring. More Tiff, i 2 CENT TRANSFERS Between Investigated and Investigator. "WON'T QUIT," EACH SAYS Seller of $250,000 Stock in Cooperative Concern. Was to Get $50,000. BEGINNING AUG. 1 Continued from First Pnpe 5 J- It btnxnci mora and more apparent al the Inquiry Into the Henry M Ben nett changes against the Rev. Dr. Jon athan C. Day, Commissioner of rubllc Market!,, slowly Jobs alone before David Hlrahfleld. Commissioner of Accounts, that these two member of the Mayor's official family do not love each other. Chips continue to teeter on the shoulders of the Inrestlrator and the Investigated, wot both manage to keep on grlnnlng.and smiling at each other acroaa a paper llttsred table. It was reported yesterday that rela tions were eo terribly strslned thst one or the other or both the officials might become an "ex." ' When asked yesterday If he Intended to resign, Dr. Day replied : "Not on your lite!" And he said It in a way that In dicated he meant it. The same question waa put to Mr. Hlrahfleld, and his rsply was equally em phatic. The hearing yesterday waa devoted to the whys and wherefores of the Plata Community Club, a cooperative cor poration of which Dr. Day la pres ident. It was the raid by the Com mlsslonsr of Accounts on the "headquar ters" of the Plaaa Community Club at , the Queensboro Bridge Market and Mr. Hlrshfleld's report of the matter to the i Mayor, without giving Dr. Day any chance to explain, that started all the fuss. This proceeding, which happened last year. Irritated Dr. Day to such an extent that he wrote a letter to Mayor Hylan declaring Mr Hlrahfleld "was bru tally Insultinir and as mean bs he enn be." I "Good Thlna" Didn't Pan Oat. Baall O. Eaves, secretary of the Na tional Tuberculosis Association, the man who contracted to sell stock of the Plata Community Olub and Its whole saling adjunct, the Mutual Finance Ex charge and Marketing Association, pic tured ss s witness a good thing for Mr. Eaves thst didn't pan out Incidentally Mr. Eaves wrote the prospectus for the corporation, one of the documents Com missioner Hirschfleld grabbed In his celebrated raid. The corporation whs to establish and operate a string of retail foodstuff stores. Shares of stock were scheduled to be sold (and between 1600 and 1700 worth ' actually was sold) at tti :. a share. Mr. ' Saves said $1.15 of each M 25 wan to ! be his fse for selling. There were to be 10,000 shares and a minimum of 5 per cent, was to be guaranteed in dividends. Further profits in the business were to be shared by the stockholders. Trie whole plan, according to Mr. Eaves, was based on a desire to reduce the cost of I food by means of the stores In which - atockholders and non-stock holding cus tomers would pay the prevsiting market 9 prices. i Vhn flint h. hnft arnrtit ..'it In nell I stock, Mr. Eaves said, he told prospects , that Dr. Day had accepted the presl I dency of the cooperative store corpora J tlon, and that they expected to he able - to open up a model market at the city market under the Queensboro Bridge, i Hs said Dr. Day never told him the city ; market could be used, snd later when I fee tried to make ssles he did not hold 'T out the model market Idea for the rea son that the project had been aban doned. Business meetings were held io the market at various times until the . place was closed by Dr Day, he said. '. Dr. Dsn's powers as Market ComralS- I sloner to buy food for resale to the city ; terminated two days before the club was Incorporated I Mr. Eaves said Dr. Day's check for I i.r . i. ... i . . . I a . . , I-.- wui in 01 K UI1U I 'I''1 H B oi otner siir.soriberH n-ere wlthhelil from rinoMif " Tor a time tn exhibit them to pros- pectlve huyers He declared the officers f the club were to receive no compen ' eation. Eaves' Interest In (Meek Only. Mr. Eaves said his only interest in the enterprise was to sell stock Ex-Senatur Bennett, who was much Interested In he stuck selling pro gramme, contended that admissions which he gut from the witness on cross examination meant that Mr. Eaves not oiil expected to collect $25,000 for sell ing $125,0(10 of stock of the Plata Com munity Club, but he hoped to collect l.tl for each of 20.000 shares of Mu tual, the proposed wholesale concern lo b bought by the I'laxa. 'This meant $50 000 for taking In 1150,000," Mr. Bennett said Meyer (joldinan. Dr. Days counsel, got a little ruffled over Mr. Eaves's ad mission that he had two talks about the case with Commissioner ilirshneld during the day "What did you tell him"'' asked Mr Sold man, "What did 1 tell you. i 'o-nmlssloner"" Mr Eaves retorted, addressing Mr Hlrahfleld, and everybody laughed "I really can't remember everything.'' the witness continued "He asked me several random questions regarding thr Plata Club, my connection with It and If It was really our intention to open a market tinder the Queen-boro Bridge ! talked with him this morning In one of the offices across iho way and nut In the hall this noon I didn't volunteer to talk this) afternoon, but I did this morn ing. I wanteil to clear myself from his unfair Imputations In his repnrl to the Mayor about the Plata Club " Ben Howe of r2i, West End avenue, secretary of the Libor and Industrial Relations of the Community Council of Defence and purchasing agent of the city of Ixiulsville, Ky . before he came to New Vorlc full of the cooperative Idea after fourteen 5 curs of study, said Dr Day had told the directors of the Plata Community Club that Ihe city could not let the cluh have space at the Queensboro Bridge Market. Everybody knew, he said, thai ss Dr Day was a city official It would be Impossible for him to involve the clt) In SUCH trail actlona Letter I'mm Day Brad. At the morning session, with Dr lay on the stand, a letter from Dr. Day re garding Commissioner Hlrshfleld's ac tivities against the I'laxa Club waa In troduced. Dr. Day wrote that he had ac cepted the presidency of the club, but never Intended to use public inaikets for such purposes He was sure Com missioner Hlrshfinid hsd violated the city charter and said ihat the club directors who had been Insulied would move in the matter. "Why did you pick up with perfect strangers to cooperate In this concern " asked Commissioner Hlrshfteld "They weren't perfect strangers," re torted Dr Day. "and I didn't pick them up. I know them better than I know you. and I have to cooperate with you In the city government " Dr. Day said he and his associates In the enterprise had studied all methods s railroad requires money and If suf ficient money be not earned the roads cannot run What would the people living In the upper part of Manhattan 01 In The ttronx do if Ihe system ceased to opera at?' they were obliged to wnUtt "The preservation of this system was required .by the Federal court and the commission had no alternative, outside the utter disruption of the service, but to authorise a charge of $ cents for a transfer. The commission hopes that the public will understand and appreciate the true facts and will not be mislead by unfair and unjust criticism " The order affecting the New Tork Railways Company cites that Job E. Hedges, the receiver, made application to the Public Service Commission In a petition June II to be relieved of the statutory requirements and ordera of the commission regarding the Issuance and acceptance of transfers and for an order authorising a S cent charge for transfers Instead of the 1 cent one which has been granted. It la set forth that at the hearings on the application, which were held June 10. July 2 and July ". testimony was given as to the actual value of the company's property actual1 used In the public service and ss to Its net revenue and earning capacity and rate of re turn. It appeared from this testimony, so the order states, that ths 'Yates, taxes and charges chargeable" are "Insufficient to yield reasonable compensation for the service rendered" and are "unjust and unreasonable" to the company and receiver. "And It further appearing." continues the order, "that a charge of 2 cents for each transfer. In addition to the regular fare, will not be unjust or unreasonable to the public and will not yield the company or Its receiver an unreasonable compensation for the service rendered or an unreasonable return upon the value of the property actually used In the public service : and It further ap pearing that unless the revenues of the petitioner, as receiver of the New York Railways Company, are Increased there Is grave danger of complete disintegra tion of the New York Railways Com pany system by foreclosure of the va rious mortgages the bonds of which are outstanding In the hands of the public, and of the entry by the various lessors upon their leased properties, which disintegration would result In great inconvenience to the public, aboli tion of transfer privileges altogether In many Instances and Increase of ost of transportation to the public owing to the great attendant loss of economy In operation: and It further appearing that the additional revenue resulting from such charge of 2 cents for transfers will be of material value In relieving the situation by which the disintegration of the entire system operated by the peti tioner as receiver for the New York Railways Company Is threatened. It Is hereby ordered" And then follows the authorisation for the transfer charge as Indicated. B. n. T. Petitioned I.aat Year. The application In the case of the surface lines of the B. R T. was made Jointly by the Brooklyn Heights Kail road Company, the Nassau Electric Rall road Company, the Brooklyn. Queens County and Suburban Kallroad Com pany, the Coney Island and Brooklyn Railroad Company and the Coney Island end tlravesend Rallwsy Com pany. The petition was dated Septem ber 10. 19U. and the last hearing was held July 3. The order stated 'the evidence pre sented showed that the same condition existed as In the case of the "Green Car lines and then proceeds to author ise the collection of the extra 2 centa at all but thirty of the 1008 free transfer points heretofore existing The application of the Westchester Electric Railroad Company for permis sion to charge n in cent fare from the end of the White Plains road branch of the subway at 288th street to NVw Rocheile will be considered at s Joint meeting of the Public Service Commis sions for the First and Second districts to be held In the Hall of Records SI 10 o'clock Monday. At present It Is pos sible to make the trip for 5 cents The company seeks to do awav with the 5 cent ride from the end of the sub way at the northerly and easterly boundary of the Pelhams. so that pas sengers wishing to ride Into New Rocheile will be required to pay another fare when reaching rhe end of the zone at the New Rocheile line. Riding toward New York from New Rocheile the company proposes 11 5 cent fare Into Mount Vernon, bu. wishes to collect another nlckle for crossing the city line and riding to the end of the subway But 5 cents Is now paid for the entire distance. The subway station st 28Sth street, the present terminus of the White Plains road line. Is hut a few blocks from the northern boundary of New York city, which at that point is at 243d street. WHISKEY BAN SAVES NO FOOD, IS DEFENCE Men Indicted for Selling At tack Constitutionality of Prohibition Law. CHARGE FALSE PRETENCE Congress's Contention of War Necessity Denied Demor rers Dismissed by Judge. POLICE GAMES WILL BE FULL OF THRILLS Air Stunts Will Eelipse Any Ever Given on Exhibition Field, It Is Said. EVERYTHING IS READY Eight Brass Bands, Franko's Orchestra and Glee Club to Furnish Music B. &. 0. SELLS BONDS. Hepsrts Sale of attn.OOO.OOO leaoe to Commission. fivmal btuvairk 10 Tub 81 . Hai.timors. July IS Formal report of the selling of 115,000,001 ten vnar 6 per cent, secured Isirid was made by the Baltimore and Ohio Railroad Com pany tfi-day to the PJb ic Service Com mission. That issue waa offered a few weeks ago and vary quickly placed, local investors in particular being at tracted strongly h the desirable features of the offering. The Issue was approved on .lime 20 by the commission From the proceeds of the sale of ttie bonds the Baltimore and Ohio lias paid all of the loans shown in a statement Hied to-day with the com mission etcept loans totalling 1700,000 1 lo sundry hanks ami trust ,oroianies. which will mature ami be paid on Aut 11st 1. The statement rets forth that the amount of the loans paid exceed" the net proceeds of Ihe sale of the 1, 11 year fi per cent bonds. This seeming contradiction Is explained by the followm facts: The Baltimore and ihin paid ufT I33.i00.00n of Indebtedness falling due on July 1 rid other Items out of the ppnesadj of the sale of the Itortds The remainder was made up by the company Action to Cancel Contracts. fftcttl Iifiool f H at. Si v Albany, July It. Action to cancel contraete held by the wrecking com panies raring the buildings 011 the. two acre site back of the Capitol, v,iere the State's 13,000.000 office building ia to be erected, was ordered to-day by the trus tees of public buildings and through Oov Smith The demolition, wnich should l-.svo been completed Jul." 1. Is little more than half finished. The wrecking company paid I i 4.060 for the contract The argument was advanced In the Federal District Court yesterday that the constitutionality of the prohibition of the sale of whiskey cannot be sup lorted as a food conservation measure, which, when enacted, was necessary to the efficient prosecution of the war it was a Hexed that much of the whiskey now availbis for selling purposes was manufactured several years ago and that all whiskey now existing was made prior to September 1, 1117. Ths Issue waa raised by George L. Donnellan and Robert M. Moore, coun sel for John Voege. Tony Cuomo and ether saloon keepers snd bartenders who were Indicted on charges of selling whiskey or wine subsequent to July 1 when prohibition of the ssle of rntoxl oatlng beverages became effective. De murrers were Interposed to the Indict ments and arguments were made jester day before Judge William Robert Smith Other Issues raised were similar to those that figured In the suit of ths brewers to nullify the law. It was al leged that the law Is not, as It pur ports to be. a food conservation mens ure made necessary by the war, but one to force prohibition upon the people arter the war emergency had passed. "The enactment of this legislation waa an attempt by Congress to bring about prohibition by false pretences, said Mr. Donnellan, "for. If the war necessity for the act no longer exists, It Is beyond the province of Congress to Impose prohlbl tion upon the several states. The acts of the defendants are lawful under ths laws of the 8tate of New York. This legislation Is not open, honest and above board and Is absolutely un-American." Differs From Brewers' Action. In pointing out the differences be tween the suits of the brewers attacking the. law and this case. Mr. Donnellan said : "Although the Circuit Court of Ap peals, in the case of the Hoffmann Brew ing Company va MoiSlllgott. Acting and wepuly Collector of Internal Revenue, and Caffey. United .States Attorney, held the act was constitutional as a war measure. It is respectfully submitted that the facts are absolutely different In the present cases. In that proceeding, the defendant after May 1, 1910, en deavored to manufacture a product which necessarily consumed certain food products and on that date a state of war did actually exist. ''Erven If the court waa right In up holding the constitutionality of tho act as being necessary for the conservation of food products in time of war. this reasoning could not apply to the crime charged against these defendants for ths reason that the alleged violation by them did not result In consumption of food products, and took place subse quent to the time when articles of peace had been formally signed 'The question before the court Is whether on July t. 1918. Congress could, as a war measure, prohibit the sale of whiskey. It Is unnecessary to remind the court of the fact that the msnufac ture of whiskey was stopped on Sep tember 1, Isl7. by an act of Congress, so that the beverage alleged to have been sold by the defendants had already been manufactured prior " to the date when the law In question was approved, and certainly a restriction upon Ita sale could not in any way be considered as a conservation of food products "The defendants do not raise the question whether, as a moral Issue, pro hibition may be right orwrong. but seek the protection of their constitu tional rights In this tribunal when they are threatened with destruction through the attempted operation of a statute which is a lie on the face of it In as serting lhat prohibition is necessary as a war measure when a child In the street know that there is war no longer Speaks of I', .a. War Power's Limits 'To attempt to fouit prohibition upon a citlxen of the State of New York under the guise of necessity or war is the exercise of an arbitrary power on the part of Congress that Is subject to re- v lew in our courts. The war powers of the Federal Government can be exer cised only in cases of actual necessity. "It would seem that to attempt to Im pose prohibition by means of this suhter fuge at the present time Is a flagrant violation of Ihe rights of these defend ants, for they transacted business under the laws of the State of New York In premises cover ed h internal rev enue cer tificate of the Third district after hav ing paid excise taxes. "Should the L'nlled States Attorney raise the point that wartime prohibition shorld continue during the period of demobilization. It Is respectfully sub mitted that there Is a Statute, still in full force and effect, which bars these liever ute. from .-ale lo n: rubers of the mili tary and naval forces." Francis Caffey, I'rlted Stales At torney arnued that !t was immaterial what Influences shaped the prohibition rider or what Its effect are on various departments of the liquor trade. He as serted that the power of Congress to enact legislation of this character as war msasursa had been sustained again and again by the United States Supremo Court The power of Congress being conceded, all else Is irrelevant, he ar gued Judge Smith dlsmimed the demurrers in all the ease. Appeala will be taken for the defendants and carried to the United Btttes Bnpreins court From the big bulls of the tratTlo squads to the fly cop pickers of pick pockets. "The Finest" Is resdy for Its first big play day of ths year, the flrst of the two days of police fames at the Sheepshead Bay Speedway this after noon. It's not so much a question of who's going to Sheepshead as It Is of who's going to stay In New York. For everyone on the force, whether in the games or not, wants to see them, snd everyone else has bought a ticket, or a couple thousand tickets. The response to the sale of tickets has been tremendous, for the proceeds are to go to the Police Pension Fund, and almost everyone Is glad to help that organisation In view of the difficulties which most coppers are experiencing these days on the same old salary with anything but the same old cost of living. Officially, activities will begin at 11 30 this morning when the Mayor and other nabobs of the town will check their plug hats at the Waldorf and lunch as the guests of the games committee. They will thence be carried In motor cars to the field. Woanded Men Hare Treat. The other big delegation to ride In chaises will be wounded soldiers from Mltchel Field. Fox Hills. Colonta, Gun Hill Road and Messiah Home hospitals. They will be gathered up by ambulances of the Motor Division of the Women's League for National Service. President Kaufman of the Chatham-Phrenlx Na tional Bank Is their hosti He has bought 2,000 tickets for the games and has given them to the wounded men. Another man. who asks that his name be withheld, has bought and sent to the New York Navy Yard another 2.000 tickets. A third has distributed a like number to the sailors on tho training ship at Bay Ridge. Col. Archie Miller, officer in charge of the army flying fields on tang Island. said yesterday that everything waa In readiness to carry out the programme of air stunts. That programme will be the equal of any exhibition of flying ever put on, It is declared. It will be more comprehensive than any one event that ever occurred over the lines In France. The flrst event on the flying pro gramme will be the arrival by airplane from Lake George of Commander Tow ers and Lieut -Commanders Read and Bellinger, the NC pilots of whom Read was the first man to fly the Atlantic. They are scheduled to land at Sheeps head Bay at 2 o'clock. Mork Combats to Be Given. Then will come drills In battle for mation flying, mock combats between American aces, examples of combat, ob servation flying, acrobatics by enlisted pilots, an exhibition by a great Handley 1'age bomber and a contest for accuracy in landing nearest to the mark. Not only will the latest type of American planes be used in these stunts, but there will be In flight a captured German fokker and an albatross, the latter the only one If its type In the United States. Klght brass bands, Nathan Franko's orchestra and the Police Glee Club w ill furnish music. Massed under Franko's baton, 1,141 pieces, they will accom pany Carmela and Rosa Ponselle In their singing of "The Star Spangled Banner." An announcement that will tickle the mounted cops was made yesterday. Here after on their days off they can look like bookmakers If they so choose. Col. Borge de Mossln and Michael Drelccr, the Fifth avenue Jeweller, both ardent admirers of the police horsemen, have had made by laiuia Markowits of Lib erty street 110 ecarfplns horseshoes set with rubles -at a cost of 14.000 These will be presented to the mounted men nho participate in the games. An added feature or the games win be the effort of Col. J. U. Constant of the Police Reserves t" lower the world's record on a motorcycle He has an Indian machine specially built for the occasion, which he believee to be the fastest thing on two wheels. DRYS VEXED AT MONDELL. IHsnriilitled Over Knforcement Hill Ilrlna Delayed. Waiiinoton, July 18 Attempts to call up the prohibition enforcement bill late to-day after passage of the agri cultural appropriation measure were cut I short by Republican Leader Mondell I (Wyn. with a motion to adjourn The House adopted Ins motion tn nd j Journ with a whoop after Word had been 'spiesd that it was the intention of ths prohibition forces to resume consldera t:on of the measure at an extended night session. After the adjournment "Dry" leaders seemed much incensed because the night session waa not held, and gathering ghoul Representative Mondell remon strated with him for his action. A hot exchange of s'ords passed betw.-en the German Socialists T.oae. Wbimah. July 18 -The German Na. tional Assembly at a closed meeting re jected to-day a Socialist party motion demanding the complete separation of Church snd State. leader and the "Drya." some of the latter asserting lhat they were being "Ignored and would organise themselvea." The measure will come up again tomorrow. Trggmrn Get si. 000 p-rom P. O. WasHIMOTON, luly 18 -Veggmsn blew ti e bale in a pos' office on the outskirts of Washington early to-day and got a haul of $1,000 in cash and War Savlnga Stampa DR. SCOTT DENIES WIFE'S CHARGES Declares He Never Wan Pro- German or III Treated Her. Dr. George Dow Scott of 42 West Seventy-second street denied yesterday alle aatlons of pro-Germanism made against him hy his wire. Jessie Piatt Scott, a former nurse anJ an Kngllsiiwoman. who Is suing for a separation and alimony. In her complaint the plaint Iff alleged her husband espoused the cause of Germany and made disparaging remarks about the .llies, especially the English, for the pur pose of Injuring her feelings. In affidavits filed vesterdav in the Su preme Court Dr. Scott .-avs he always hen been strongly pro-All) and anti German and quotos from a letter writ ten shortly after the outbreak of the war to his brother, Arnold Scott. In which he says that his feelings are bit terly anti-German and expresses an opinion that the German Emperor Is "the most miserable scoundr el on earth " Dr. Scott Is a former secretary of the r tester New York Medical Society and former president of tho New York physicians Association l"or ten year., he was instructor in Infants' and chil dren's diseases at the Post -Graduate Hospital and Is a member of the liar vard Medical Society, Society of Mediral Jurisprudence, Medical So' iety of Greater New York and Harlem Medical Associa tion. Denying his wife's allegations of cru elty Dr Scott declares that on the con trary he always was kind, thoughtful, considerate and sympathetic. He says Ihe flrst break with his wife occurred shortly after their marriage. She was under the impression that he had prom ised to turn I2G.00O over to her, and when he made no such settlement his wifo's affection for him cooled. Letters from his wife, written from Westhampton. L. 1 . and Ocean Point, Me., were Introduced by the physician to show that ahe still professed an af fection for him after the time she sep arated from him on the grounds of crueltv. Justice Donnelly awarded $35 a week to Mrs. Scott pending he trial of the action. t ui. k ui Farm Labor Board. Washington-, July is -Resignation of Herbert Quick of llerkely Springs, W Va. as a member of the Farm LPatl Board was accepted to-day. President Wilson expressed appreciation for the work he did "In organising the board and In Initiating lla exceedingly useful functions" Gangs and the Gangsters There is a side of the life of New York that is passing. In full sway it was a bloody and shameful side. Men's lives were held cheap and murder was to be bought at a price. strode police Organized criminality scarcely checked and efforts were oftentimes futile. The story of this part of the city's underworld is as absorbing as the romances of Dumas or Dick ens. It will be told, in all its ugly glamour, in a series of articles beginning in tut TOMORROW Gun play, the weapons of the knife, poison, all the crooks and the roughs have claimed their victims by the hundreds. Ghosts of the dead past are called up to stride across the stage to make citizens of the metropolis realize how much better and safer existence is now. The Day has come for the gunmen of the Hudson Dusters, the Cherry Hillers, the Mott streeters and the like. There is no place or existence for them longer in the present scheme of affairs. But their history makes wonderful reading. Learn how and why they arose, what they did and the reason they went in these notable narratives, starting in Tomorrow's Sun 1 1