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E£I™N ! edition ..---- COMPLETE STOCKS t -—•-^ •' i ] 1.1 ^ . .~nnn'. ESTABLISHED 1832. ONE CENT._NEWARK. N. J.. FRIDAY. FEBRUARY 4. 1910.-20 PAGES. FAIR TONIGHT AND SATURDAY. ’ GOVERNOR RESTORES CAMPBELL , Brigadier-General Ousted! by Vredenburgh Act Is Reinstated. CAPT. CRISSEY, HOWEVER, IS REFUSED FORMER POST Maze of Complication Likely to Follow Decision of State’s Chief Executive. [From a Staff Correspondent.} TRENTON, Feb. 4.—Governor Fort, as commander-in-chief of the national guard of the State, Issued an order re instating Brigadier-General Edward A. Campbell as commander of the First Brigade of the State. At the same time ho refused to restore Captain John H. Crissey, of Trenton, to his post ol" mili tary store-keepei. t General Campbell and Captain Crissey were retired under the Vredenburgh military retirement law passed by the Legislature last year. Recently this law was declared unconstltiitonul by the Coer' f Errors and Appeals. GoverniH Fort also orders Colonel Edwin W. Hine. who succeeded General ( Campbell as head of the First Brigade, back to the pt>si he formerly occupied in command ythe Fifth Regiment. This puts HiiV back to the rank of colonel. An Interesting situation and many ' complications are sure to result from the action- of tho Governor. When General Campbell was forced into re tirement under tho provisions of the Vredenburg act, Colonel Joseph H. Brensinger, of the Fourth Regiment, was named to succeed him. General Brensinger wu3 then retired under tho age-limit act, arid was succeeded by < 'olonel Henry W. Freeman, of the / First Regiment, who was also retired, and then _CoUmel Hine was named. 1 - .Copies of the Governor's order Were lot lied at once to General Campbell , and Major-General Peter Fanner Wanser, in Jersey City. The orders are ! as follows: The Governor's Order. la a proceding to test the ton si itutlonulity of the second section of flic act approved Marcn 2, 1909, rela tl'-'o to the retirement of the commis sioned officers of the national guard, the Court of Errors and Appeals In the / ease of Campbell vs Gilkyson has late ly determined that the order retiring Brigadier-General Edward A. Camp bell was in excess of authority con ferred by said act, and General Camp- j belt, having applied for a revocation j of said order that he may resume his command, it is hereby directed. “1—That Colonel Edwin W. Hine, I fifth infantry, who was by general or- j ders No. 3, headquartersdlvlsion, dated, April 7, 1909, assigned to the tempo rary command of the First Brigade, In | pursuance of general orders No. 12, j office of adjutant-general, April 1, 1909, is hereby relieved from such command j and directed to report to bis home s^a- i tton for duty. The major-general com manding the division will Issue the nec essary orders to carry the provisions of this paragraph into effect. ■‘2—Brigadier-General Edward A. Campbell will, upon the issuance of the proper order ot the major-general com manding the division, assume the com mand of the First Brigade. “J. FRANKLIN FORT, "Governor and Commander-In-Chief. 1 "Executive Department. February 4. 1910, by order of the Governor. Wilbur F. Sadler, Jr., che Adjutant-General." V. MARKEJ STAND OWNER FINED FOR LIGHT SCALES. Isaac Goldstein, who Is the owner of stands Nos. 55, 56 and 57 at the Centre Market, was fined $25 in the First Criminal Court yesterday afternoon for short weight selling on January 15. The complainant In the case was Hu- ! perintendent of Weights and Measures ! John H. Sullivan, who stated that his | attention had been called to the mat- j ter by Thomas J. Rowe, clerk of the Centro Market, who said the scales used by Goldstein were three ounces lighter than a pound. < Goldstein swore that he did not know that the scale was light until the mar ket clerk showed It to him. It Is the first conviction that has ever been ob tained against a stand-owner In the Centre Market, although many com plaints have been made. It is said that the market commit tee will take the case up at its next meeting and will probably revoke Gold stein's permit. SUBSCRIPTIONS FOR TAFT DEMONSTRATION GROWING. Details of the plans for the. recep tion to President Taft on his forth coming visit to Newark to attend the Board of Trade dinner, on February 23, are being rapidly worked out by Secretak^' James M. Reilly and S. IjeBChziner, the special committee ap pointed for the purpose. It is expected that a meeting of the joint committee of merchants and representatives of the Board of Trade will be held shortly. Frederick T. Ward, treasurer of the * fund for the decorations, has received $25 from Lissner & Sons, bringing the total received so far up to $545. Two thousand dollars will be needed. ««'I>THK“HFAI.” VALUE VILI.E HABIT from Lucy Weston, tonight, at the American It rule Hall.—Adv. a GOVERNOR URGES MUNICIPAL READS Mayors of Fifty-seven Cities and Towns of State Gather at Trenton Conference. NEWARK’S PROBLEMS ARE OUTLINED BY MR. HAUSSLING Tax Rate, Debt Limit, Single Headed Commissions and Shorter Ballots Discussed. U'roni a Staff Correspondent.] TRENTON, Feb. 4.—Governor Fort told more than fifty mayors of Jersey municipalities gathered in the Assem bly chamber today in response to his invitation that he favored single-head commissions, uniform four-year terms for all municipal executives, a shorter ballot, government “directly respon sible to the people," small boards of freeholders and boards of aldermen, “a local government supreme iri local affairs” and less municipal govern ment by State laws—in other words, home rule. The Governor opened tho proceedings without ceremony and delivered his ad dress from the speaker's desk. He pointed out that never before in tills State had there been a gathering of the character he was addressing. He likened it to the gathering of governors at Washington. Upon motion of Mayor T. Frank Ap pleby, of Asbury Park, Governor Fort was made permanent clmirman. Eater it was voted, upon motion of Senator O. H. Brown, as mayor of Spring Lake, to have the Governor name committees of five each on permanent organization and legislation. Governor Fort's Speech. "No one has more delicate problems to solve than the mayors of our cities and towns. In the call sent out I sug gested the following subjects as worthy of your consideration: (1) Tax rate and debt limit; (2) Municipal boards or departments with a single hen/i; 4.3> A State department of municipal ac counting; (4) The appointment by the mayor or other city authority, rather than tho election of city officials, not necessarily elective; (6) Shorter ballot for municipal elections. “The average tax rate in 1909 was 1.66. This year it will probably reach 1.75, tho maximum tux rate fixed by the law. “What shall be done with tho maxi mum tax rate act is for the Legisla ture. If they leave it, can you raise the necessary revenue to run vour town governments? If they repeal it, how hign is it to be raised? These are vital questions for the taxpayer. “In connection with the debt limit subject no question is quite so vital as that of a sinking fund. Too many ] municipalities neglect this important matter, und those who have not neglect- 1 ed it have in many cases a very lm- 1 perfect and insufficient sinking fund system. .Such systems should be uni- ' form and the law governing the fund ! should be strictly enforced. The sink- j iqfi fund is the best credit preserver ■ that a city or town has. “Municipal accounting is of the ut most importance. Many of our munici- i palities have Indifferent systems of j keeping their accounts, and some, quite! a number, I fear, have no regular or efficient system of accounts and at best an annual audit of tho city or town affairs, it would cost but little to each municipality under this system of auditing and would insure independ ent and non-political examinations. It is a subject worthy of your best thought. "Municipal government has been rapidly drifting to commission gov ernment. Departments with single heads are now being seriously con sidered by those who are the most thoughful on these subjects. There should be but a single head in a city or town, and that should be the mayor Departments should exist with one or more at their head (one is preferable in my opinion), approved by the mayor to holf office coexistent with the term of the mayor and the mayor should be J elected for not less than two years and four years would be preferable. “Every official in the municipality ] except tho members of tile Council or other legislative body should be ap pointed by the mayor, with the consent of the Council. It is the only way to i concentrate responsibility. It is the sure way to secure responsible gov ernment, and I believe good govern ment in cities. "Tho police and lire departments of' our municipalities should be absolutely free from partisan control, with a fixed tenure to a certain age, at which age they should be retired on a fixed pension for life. This would insure competent men at reasonable salaries and keep the departments at the high est state of efficiency. "Make the mayor not only chief ex ecutive in name, but in fact. Hold him responsible for everything In an execu tive way in the city or town. It is wisest in municipal matters as in pri vate affairs to have someone who can be held responsible. "We have much these days about a short ballot. I believe that in our State wo have the shortest ballot of any State in the Union. We elect In the State only the Governor and the Legislature. All other State officials are appointive. It is the right system, even if it is troublesome to the execu tive. If he Is not willing to assume the responsibilty he should not accept the office. It would be better if every county official were appointed by some official or board. City councils and boards q£ chosen freeholders are too large. In counties where ttie act for the smaller board has been adopted (CnflKtd M Tenth Fag; ) GARVEN, BUSY, 100, STILL HAS TIME FOR MEAT PROBE Hudson Prosecutor Only Has 1,000 Cases on His Hands, but Is Not Overrushed. MR. MOTT HAS NEW REASON ! TO EXPLAIN HIS ATTITUDE Now Says Investigation of Trust Is Work for Federal Grand Jury. —;— ! Prosecutor Mott continues to be "too busy” for -any Essex county investiga tion of the causes of the high prices of meat. He doesn’t care who knows he is ’’too busy” for work of that trivial character. It was learned today that Prosecutor Garven, of Hudson county, also is a very busy man. Ho has about 1,000 cases on hand now, he suid, and | averages sixty a week throughout the i year. But despite this rush of work— i almost as much, perhaps, as the pros- j ecutor of Essex county must contend : with—Prosecutor Garven Is vigorously j conducting an investigation into al leged cold-storage abuses in Hudson, which is attracting the attention of the entire country, and bids fair to start rolling a ball which will revolutionize certain conditions which obtain in con nection with foodstuffs. More bottling Uoluft. Asked once again today whether he intended to probe the beef trust or take any official' action, Prosecutor Wilbur A. Mott said, as he closed a law-book . with a "bang” that atartled his callers , in tlie ante-room; “As far us I am concerned, my posi tion remains unchanged. In other I words, 'there's nothing doing’ as far as this office is concerned. "My position in the beef trust mat- | ter,” lie added, "has been, and is, that | that is a matter for the Federal grand jury. As far as cold storage is con cerned, I have not, as yet, been able i to discover that it is any crime to keep , things in cold storage or to be in that ( sort of business. ”1 understand, of course, that tlie newspapers need big headlines,” he went on, "and here is their oppor tunity. At the same time I don't Bee how these people in Jersey City, whom the Hudson county grand Jury is after, can be held responsible. They are mere ly agents and do what the big follows out West tell them to do. A principal may be held responsible for the acts of his agents, but the converse of that proposition, that Is, that an agent may bo hold responsible for the acts of his principal, is not true. "1 see." concluded the prosecutor a« he once more opened ills law-book and delved into it, "that Justice Hivayzc will ciiarge the grand jury on the' mat- : ter. What in the world he can say 11 surely don’t know, but, as I havu Bald j before, X will await developments in Hudson county.’.’ "Has any grund juror approached you and suggested the advisability of investigating these vital problems?" asked the STAR man. “Not one.” was the answer. "Any citizen made a complaint?” was ! the next question. "Not one,” 'repeated Mr. Mott as lie I glanced ut the clock und said "Good1 morning!” Manngern 1 net- Urnml Jury. As the result of the inquisition con ducted by Prosecutor Garven, of Hud son county, into storage house condi tions, superintendents and munagers of local cold storage houses appeared be- i fore tiie grand’ fury in Jersey City to- : day. Each of the witnesses had been subpoenaed to bring specified records of the amount of foodstuffs, when it was received and how long It had been kept. They were P. D. Manchee, of Swift it Co.’s Jersey City plant; D. S. McCarthy, superintendent of the Union Terminal Cold Storage Company; C. M. Smith, manager of the Eastern States States Refrigerating Company; John M. Cosgrove, superintendent of the Merchants' Refrigerating Company; H. B. Tappen, freight agent at pier V of the Uackawanna ftailroad Company; Thomas G. Harrlng, city freight agent, Hoboken, of the Uackawanna; E. J. Bauer, Jersey City freight agent of the Erie railroad, and E. Butler, Jersey City freight agent of the Pennsylvania railroad. 1 Prosecutor Garven told a represents- j ] tivo of the STAR .oday that he was. : endeavoring to line! out how much ! meat, eggs; poultry, fish and other ] foodstuffs the cold* storage houses had i on hand; how long they had been keep- ! ing it, and whether it had been stored i for tlie purpose of depleting the market i and enhancing prices. < . He said he was making no effort to 1 find out the effects of cold-storage ' product foodstuffs on the consumer, as ho would await the result of the Fed eral investigation along that line. Mark Sullivan, Democratic minority leader in the Assembly, declared today that the result of the Hudson county investigation would doubtless be reme dial legislation in this State. He said the investigation as it is being con ducted should got at the very root of the evil. Assistant Prosecutor Vickers, of Hud son, conferred with Joseph Guisto, pres ident of the County Tax Board, con cerning a plan to place a heavy tax on produce held in cold storage. Guisto said the municipal authorities must take the initiate in such a matter, and that he would call It to their attention. There is a nominal tax on such products at the present time. With such a tax the ratables of Hudson county would be increased $15,1100,000, It is asserted. The Investigation lias already re vealed conditions which were sus pected. It lias been the practise of the cold-storage people, it is said, to collect eggs in April and May, when they were plentiful and cheap and hold them in storage until December and January, when the top prices could bo asked for thi>» J OFFICERS AFFECTED BY GOVERNOR'S LATEST ORDER Cvlunel Edwin W. II Inc. MANY WITNESSES GALLED FOR PROBE Of COLLINS CASE Police Board to .Thoroughly In vestigate Strange Circum stances of Girl’s Departure. From the number or witnesses) sub joenaed to be present at the Investi jution by the board of police, eommtr iloners Into the tacts surrounding the leparture of Dolly Collins, a. convicted ihoplifter, 'from this country and the lulpability—if any there be—of the po ice In the matter, the probe is sure to re doep and thorough. For the police several witnesses have been summoned to appear and tell just what they know about the case. Among these are Judge Simon Hahn, of the First Criminal Court, before whom the shoplifting case was tried; Sergeant 1'homas Connell, at the time of the ar*. rest acting captain In command of the letective bureau; Chief Corbitt, Cyrus W. Vail, lawyer for the Collins girl; Robert Sutphen, with whom the girl is )aid to be In love and the suit for (111,000 against, whom is said to tigure argely in the case; Sergeant Joseph Farrell, of the detective bureau, who look the girl to New York and saw her safely on the steamship; Sergeant Pat rick J. Ryan, who is alleged to have •ailed at the Warren street home of he girl, with Farrell, aiid the Me Dougalls, with whom the girl lived at 170 Warren street. Sergeant Corbally, )f tile detective bureau, will also be inlled. Interesting developments are expected n the case, and it is known that Ser jeant Farrell, against whom the probe jeems to be mainly directed, will have several witnesses of his own to testify :o the facts before the Board of Police Commissioners in the hearing this after joon. Superintendent Winwood, of lie Market street store, in which ;hc theft for which Dolly Collins was irrested took place, and James Hall itead, the cabman, who Is alleged to lavo taken the detectives to the Mc Dougall home, will also appear before ;he Investigators. The case to be brought out is vhether or not Sergeant Farrell was icting with authority or permission vhen ho took tiie girl to New York md saw her safely off for Ireland and vhether or not the Sutphen case and he subsequent suit for $10,000 which vas said to have been suddenly with Irawn accounted for the activity of the >olice in getting the girl out of the icuntry. Sergeant Connell has already stated o the STAR that he did not officially .now that Farrell went to New York, md that ho gave him no orders to do o, nor even permission to go. The learing today will determine whether ir not charges are to he made against Sergeant Farrell or any one else. As istant City Attorney Charles M. dyers will appear as counsel for the ity, and Farrell, it is said, will also ie represented by counsel. The $6000 Proverb Contest IS ;i “brain-exer ciser” that will _ brighten up the —- dull edges of your mental horizon. See the second page and get in line today for one of the 52 BIO PRIZES FREE _ _* T «* llrlg.-lien. Edward A. Campbell. STAR'S PROVERB PRIZES PRESENT DOUBLE VALUE Educational Benefits Are Derived from Puzzles as Well as Rich Awards. "Anyone who fails to enter the EVE NING STAR’S Proverb Contest is miss- I ing an opportunity that they will -re- i gret. It Is an event that should be re- j membered as one of the greatest edu- ; cational feats ever attempted or con- ] ducted by newspaper, and all should be proud to know that they were con testants in the test of brains that has sot thousands to thinking and reading. I am proud that I have the opportu nity to enter this great contest. The prizes are the most tempting that I have ever seen, and yet I will feel fully repaid with the enjoyment and recrea tion the "proverb puzzles’' furnish me If I do not come in line .or a single re ward. I a» deeply Interested in the contest and the study of the proverbs. The prizes are secondary in my con sideration.’’ That’s Just the way a local contest ant writes to the EVENING STAB, and it shows the kind of spirit the con test is creating everywhere. Thousands of contestants arc commenting upon! tl s contest, by mail and over the tele- j phone. Many persons call personally | at the STAR’S office to pr. se the con- I test. A contestant from Montclair, a young man, writes that ho has already or dered his automobile license for 1S10, ; so that he will bo prepared when ho i is notified that ho has won either the j $1,100 Mitchell car or the $500 Reo run about. A young woman contestant [ from the city says she is unable to sleep thinking of rides she has prom- : ised to give her friends, and still an other in one of the Oranges naively admits that she only wishes to win either the $850 Lauter-Humana or the j $750 Hallet & Davis player, she already owns an auto. The $0,000 in prizes are certainly the : finest that skill can produce or that ! money can buy, and while they are1 really worth striving for, yet the raa- 1 Jority of contestants feel that the en tertainment and pleasure derived from j the contest Is sufficient to repay any one w^io enters the contest. It is the EVENING STAR’S wish that all will profit by the opportunity of entertainment and recreation the great contest affords. The prizes are now on exhibition at the various stores from which they . were purchased, and all contestants are urged to visit these business houses and view them. ’’Haven’t you started yet?” Then see the second page and begin today. FATHER SEEKS $10,000 FOR DAUGHTER’S DEATH. Blames Investment Company for Accident to Child. After counsel had summed up, Judge i Heisley in the Supreme Court 'circuit this afternoon charged the jury In the trial of the action for $10,000 damages brought by William C. Johnson against the Standard Investment Company for the death of his little daughter, Grace Eleanor, and the twelve men retired to deliberate upon the verdict. The girl was playing in the back yard of her home, 430 Warren street, Septem bor 8, 1906, when a pulley pole fell on her and crushed her skull. It was claimed by the father that the pole had dry-rotted and he held the company, as the owner Of the premites, responsible for the accident. The defense was a denial of liability, through Frederick F. Guild, the company’s counsel. Charles Hood represented the plaintiff, who placed part of the broken polo in evi dence. COURT CALLS FOR MONDAY. This is Monday’s call In the Supreme Court circuit: Nos. SS, 86, 99, 52, 66. 70, 76, 77, 21, 44 and 80. KKA1) STAR WANT ADS. CIVIL SERVICE LAW RULED INVALID BY COURT OF APPEALS Adoption of Act by City of Newark and Essex County of No Eifect and Democratic Office Holders Are at Mercy of Republican Council and Board of Freeholders. OriNION BY JUSTICE GARRISON UPHOLDS ACKERMAN ACT OTHERWISE IFrom a Stair Correspondent.! TKEtfTON, Feb. 4. THE Court of Errors and Appeals jhis afternoon decided that the thir tieth section of tho Ackerman civil' service law is unconstitutional, which means that the adoption of the act by the city of Newark and Essex county is of no effect and that the Democrats, who were sup posed to be protected in office by the formal acceptance of the law's pro visions in 1908, are now at the mercy of the Common Council of Newark and the Board of Freeholders of Essex, both overwhelmingly Republican. The opinion in the case, written by Justice Garrison, of the Supreme Court, holds that the Legislature lias the right to pass sucli a law and that it is constitutional in every respect but the clause providing for its adop tion by governing bodies of municipalities and counties by resolution or ordi nance. It is held that the municipalities and counties may adopt tho law by majority vote of the people, as provided for in section 31, and that in such case the measure is absolutely within the spirit of the constitution. SHERIFF PRODS _ POLICE HEADS TO EKFORGE LAWS Calls Conference of Officials to Tell Them They Are Not Doing Duty. Heads of the police department were closeted with Sheriff Harrlgan today in a long secret conference at the Court House. The police officials came to the Court House at the sheriff's invitation, and there were present President Baader, of the Police ^oard; Chief of Police Corbitt and Captains I.ong. Christie. Vogel, John Brown and Samuel Brown. It is understood that the sheriff told his guests he was getting tired of hav ing constant complaints about saloons being open all day Sunday coming to him. He insisted that, the captains see to it that the doors of every saloon be closed at midnight Saturday and kept closed for the remaining twenty-four hours. Sheriff Harrigan is understood to have told the captains that he had been informed objectionable houses are also being maintained in various parts of the city. He said that if these condi tions were not immediately changed he would take the entire matter out of the hands of the police and attend to it himself. Sheriff Harrigan's guests gave out the following interviews after the con ference: President of the Police Board John Baader—"Are we asked to come up and discuss witli the sheriff matters per taining to the welfare of the depart ment?" Chief of Police Corbitt—“I had been to a funeral and I was invited in to see the sheriff and have a cigar." Captain Oscar Vogel, of the Fourth Precinct—"I came ddwn because ttie sheriff wanted to see me.” Captain Samuel Brown, of the Sixth Precinct—“It's no one’s business what the sheriff wanted to see us about.” Captain Peter Christie, of the Third Precinct—"We were discussing matters which might tend to benefit the city and citizens.” Captain Michael Bong, of the Fifth Precinct—‘‘We were discussing police matters.” WHOLE FAMILY DYING AFTER LAMP EXPLOSION. Man. Wife and Baby Are Ter* ribly Burned. PITTSBURG, Feb. 4.—An entire family was practically exterminated early today when a kerosene lamp ex ploded, wrecking the home of Andrew Pacie, in Walls, a suburb. Pacie, who is 28 years old, was lying in bed, ill with typhoid fever, while his wife was In another room with a 4-days-old baby The lamp in the mother’s room burned too low and exploded. Scat tered oil ignited the furnishings of the room. In. frantic efforts to rescue her child and helpless husband, Mrs. Pacie was fatally burned. The child received the full froce of the explosion, and will die. Pacie, unable to rise from his sick bed, watched the flames approach, and was not rescued until the bedclothes had caught fire. He cannot live, as his condition even before the explosion was dangerous. The couple had been mar ried one year. Smith & Thompson. KsL 62 years. New nrk'H oldest family liquor More. 728 Broad St, opp. e. O.—Adv. > The first part of the opinion is , I voluminous. In reaching his conclu I sion that the law is constitutional and that the Legislature acted within its ■ authority in passing it. Justice Gar I risen says: "It has, I think, been made evident by tho foregoing considerations that I there are three views that may ho i taken with respect to the existence of I a constitutional limitation, by force of I which the Legislature is prohibited | from creating and providing for tha I appointment of a commission to func tion in the regulation of municipal officers unless the members of • suclt commission are selected from the citi zens of such municipality. "Practically, therefore, these views ull converge to a common end that re sults in our refusal to declare that th* civil service act of 1908 is unconstitu tional in the respects urged against tta validity upon this branch of the pres ent ease. "Tills, for the purposes of the case in harim disposes of the constitutional question raised by the first query put to counsel by the court. “First, That no such limitation exists, either as a provision of the con stitution or as a spirit iiervading that instrument. w„ \ “Second, That the right to create such a commission, if not expressly en joined, is impliedly conferred upon tha Legislature by the amended constitu tion. "Third, That if either one of these views bo tenable or even permissible tlie contrary view is by that clrcum slance alone rendered doubtful within, the meaning of Chief Justice Marshall’s rule that 'in no doubtful case will a court pronounce a legislative act to be contrary to the constitution.* Having established the constitution ality of the general act the court then asks: ;,v£ Assuming that tlie Legislature has authority to create such a commission, so composed and clothed with such powers, it cannot delegate to the gov erning body of such municipality, In stead of to tho voters thereof, the de termination of the question whether the powers conferred upon the com mission shall bo exercised by It In tha municipality. Upon, the answer to that question hung the fate of all those who are now placed outside the protection of tha measure and made subject to tha operations of ihe old spoils system. The answer to the question by tha Court of Krrora and Appeals in sub stance is "no.” In a lengthy statement of the case Justice Garrison holds that the Legis lative could not delegate powers to the governing body of any municipality, while such powers might constitu tionally be delegated to the voters. There is nothing gained by weeping over spilled milk, but it will be re j inembered that Alderman Jerome T. i Congieton took the position that the | law should be adopted by vote of the people, and went to the Council with j a petition for submitting the questiofc to the people, as prescribed in section | 31, which is upheld. This petition was not presented, as the members of the Council decided to pass an ordinance adopting the provisions of the law. The first question upon which a vote wa* taken wus as follows: “The act of April 10, 1908, is not un constitutional insofar as it provides [ that in municipalities that adopt the act the appointment of certain officers and employees shall be regulated in part by a commission, the members of which are not appointed by or from the electors or inhabitants of such munici pality respectively.” On this point the court by a vote of fourteen voted in favor of the point, and none In the negative. The next question voted upon by the court was as follows: "Tlie act is unconstitutional in so far as it is made to take effect in munici palities upon its adoption by the gov erning brdy thereof'"’ Upon this question the vote stood thirteen tfor and one against. Chan cellor Pitney, voting alone against, de claring that part of the act unconstitu tional. The next question voted upon was: “31ialt the judgment of the Supreme Court be affirmed?” • The vote on this was fourteen voting yes and none voting in the negative. This last question dealt with the case of County Collector Richard W. Booth, A KF.AI, MUSIC HAlt IS KEWARH, •The American," -with Lucy Woetra an* other etua.—Adv. '