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1513 Nctfl&rk Cfottutto Mur |ZZ] OIV1 O '>^, AND NEWARK ADVERTISER Ar CENT ESTABLISHED 1832. NEWARK, N. J., WEDNESDAY, JULY 9, 1913. SHOWERS TONIGHT AND THURSDAY. c-—— - -1-;- -- ■ " -■ ■ ■'■■■■ -- ■■ ■ 1 1 ■ ' ' '■ ■' ' =■■■' ' 1 1 —— COLBY DECLINES 10 DEBATE WITH BULL MOOSE RIVAL Replies to Challenge of Os borne for Companion Tour of State. CONTENT TO LET PEOPLE DECIDE AT PRIMARIES ' Will Accept Later, However, if Opponent Feels He Has Been Denied Right. In a letter to Edmund B. Osborne today former Senator Everett Colby declines his proposition to tour the State vin a companion campaign for the Progressive gubernatorial nom ination, Jointly debating the differ ences in their platforms from the same stage. Mr. Colby takes the stand that his Seven years of active campaigning for the Assembly and Senate have shown his qualifications to the State and that it is unnecessary for him to do it all over again In a pre-pri mary campaign now. His letter to Mr. Osborne is an, follows: “My dear Mr. Osborne: “I have your letter of the 8th inst., inviting me to campaign the State with you, to address all meetings Jointly and to share the necessary expense. I respectfully decline for the following reasons: "First, because I do not propose to make a canvass for the nomina tion. After seven years of active campaigning, Progressives of the State have sufficient knowledge of my qualifications and shortcomings to pass upon my fitness for party leadership, and after announcing my platform I shall leave the choice to them. "Second, because the Progressive State committee, representing the Progressive voters of the State, at its recent meeting held in Asbury Park, went on record by a large majority p s being opposed to such a plan of ' mpalgn. Third, because my experience in P blic debate with political opponents has '-onvinced me that they do not tnak clear exposition of ideas and ■ are of little value in for opinion. cause theer is not suf f nee in the fundamental p, tween us to warrant such *. a tour as you propose, and 1 i .re to become involved in a pui . , ..sonal wrangle. “If toward the close of the cam paign, however. It appears that you have been denied a right to which you are entitled and that there is a real principle to discuss, I will gladly hold a debate with you anywhere you wish and under any conditions you mav propose. Yours very truly, "EVERETT COLBY.” Mr. Colby does not intend to make an active pre-primary campaign He Baid today that he will do nothing after he announces his platform at a public meeting on July 24. relying on the knowledge that people of the State have of him from his previous campaigns. Re will, however, speak at dinners or meetings at which he Is asked to speak. “Of course, I will campaign after the primaries if I get the nomina tion,” Mr. Colby said. "And I will put all the energy that I have into It.” Mr. Osborne would make no com ment on Mr. Colby’s letter this af ternoon, preferring to wait until he had time to think it over. RECORD PLEASED BY DEFI OF OSBORNE TO COLBY [Special to the Newark Mtar.l JERSEY CITY, N. J„ July 9.— State Assessor George L. Record has returned to his office in this city, after ten days spent in Maine. He said he had done little but play golf ■ and swim during his vacation and • that he now feels "fit as a fiddle.” He said that he was pleased yvith the challenge sent- by Edmund R. Osborne to Everett Colby for a pub lic debate oh the Issues of the Guber natorial campaign, but refused to discuss the matter any further. [ SAILOR SEEKS WIFE, WHO LEFT WHILE HE WAS AWAY Victor Engstrand, a sailor In the t'nlted States navy, located at Phila delphia, was In Bloomfield today, i looking for his wife, who was Miss Kathryn Grelshaeber, stepdaughter of Charles Grleshaeber, who con ducts a large truck farm In Belleville avenue, Bloomfield. Engstrand told Grleshaeber that while he was absent from his home In Philadelphia for a brief period his , wife had disposed of the furniture in the house and had gone, without leav ing word where she intended going. There was but one article left In the apartments they had occupied, and that was a motto framed upon the ^all bearing the inscription “There is no place like home, sweet home." The courtship of the pair was brief, and they were married but a month ago. Her stepfather at the time of her marriage presented her with a piano and J300 in cash. SEEK TO OUST NEW JERSEY CITY HEADS t P rnm n Staff f'nrreapoiulent.l JERSEY CITY, N J.. July 9.—In behalf of the ousted officials who served during the regime of former Mayor Wittpenn, a request for quo W'arranto proceedings to remove the new officials has been filed by War ren Dixon, corporation counsel under the old form of government. This in formation was received here today by Corporation Counsel John ^lilton in a communication from Attorney-Gen eral Wilson. Mr. Milton announced that he was prepared to oppose the granting of a writ to the ousted officials and he will make a special trip to Trenton for that purpose tomorrow. Bomb Explosion Shakes Paterson ■ 1 Special tn the Newark Star.] PATERSON, N. July 9.—An other bomb explosion awoke the en tire city early today. The bomb was thrown into the rear of the home of Joseph Barley and Emil Zeniett, boss dyers, employed by the National Silk Dyeing Com pany, 97 North Fourth stteet. Al though the ground was torn up and the neighborhood rocked, the only damage was to the cellar of the house. Captain McBride, Lieutenant Morri son, Sergeant Per-y and Detectives Kinney and Brooks were on the scene in a few minutes. They could find no clue to the bomb-thrower, however, and this explosion, like the many others that have taken place during the silk strike, is likely to remain a mystery. Interstate Board Says There Should Be Great Surplus Instead of Deficit. WASHINGTON, July 9.—Financial operations of the New York, New Haven and Hartford railroad, its ownership of trolley lines and con trol of allied New England railways are condemned In unmeasured terms by the Interstate Commerce Commis sion in the report of its investigation made public here today. The commis sion’s conclusions are: That the ‘'outside” financial man agement has been “wasteful in the extreme” and that had the New Haven confined Itself to actual rail road activities under the same condi tions that prevailed in other respects "it could have paid a dividend of 8 per cent, for the fiscal year 1912 and carried to surplus account $1,794,000 instead of showing a deficit of $930, 000.” That the New Haven's agreement with the Boston and Albany is “vio lative of the spirit fit the statute against the restraint of competition and should be canceled." “In our opinion,” says the commission, "this line should be kept entirely free from New Haven control.” That the New Haven should divest Itself of the trolley lipes, not because the present ownership is in violation of law, but because such ownership might be used to prevent the build ing of competing lines In the future. That the Boston and Maine's mer ! ger with the New Haven, If permitted | to stand, will result in “an almost ex (Continued on Pnge 2, Column 6-1 ! President Sends Sympathy on Death of Soldiers’ Home Commandant. — I Full military honors marked the [funeral today of General E. Burd j Grubb, commandant of the New Jer sey Home for Disabled Soldiers, at Kearny. [ President Wilson sent to Mrs. jGrubb from Windsor, Vt., this tele I gram; “Mrs. E. B. Grubb—My deepest sympathy. I grieve most sincere ly that we should have lost sc true and noble a gentleman and soldier. “WOODROW WILSON.” Services were held both at the home in Kearny, where the veterans ’paid their last respects to their gal [lant commandant, and in St. Mary's [Eipiseopal Church, Burlington. In Burlington this afternoon the funeral cortege was escorted by the First City Troop, of Philadelphia, as a guard of honor. For eighteen years General Grubb was captain of that troop. The services at the home were con ducted In the chapel by the Rev. John D. Ferguson, the chaplain. As sisting him were the Rev. Carl S. Smith, rector of Trinity Episcopal Church, Kearny, and the Rev. John Miller, of the House o: Prayer of this city. Besides the relatives there were present Congressman Eugene F. Kin kead, the board of r, anagers of the j home, including former Congressman | (Continued on Page 2, Column 4.1 ; TELEPHONE CABLE IS CUT BY STRIKING LINEMEN ST. LOUIS, July 9.—A telephone cable belonging to the Southwestern Telegraph and Telephone Company (Bell), and connecting St. Louis and East St. Louis, III., was cut today. Girl operators and linemen have been I on strike here for several days. The I cutting of the cable, which con tained 240 wires, put out of commis sion eighty-four of the ninety trunk lines of the company between St. Louis and Illinois. The interference with this service cut off from Bell communication with St. Louis the "tri-cities” on the Illi nois side—Venice, Madison and Granite City—the exchanges of which were reopened late yesterday, after having been closed for several days as a result of interference, supposedly on the part of sympathizers with the striking girl operators and the strik ing linemen. Seven men were arrested this morn ing In connection with the cutting of the cable. mi\ in itNn w|f[ IN COURT ENACT TRAGEDY AGAIN Womnn Holds All Spell-bound With Dramatic Recital of Policeman’s Slaying. SHOWS HOW CONSIDINE WAS SHOT WITH OWN GUN Woman's Voice and Superb Acting Are a Study for Any Star. {From a Staff Correspondent.) HACKENSACK, N. J., July 9.— With all the dramatic Intensity of an actress playing a stellar part in a Broadway drama, Mrs. Jaraea D. Devlin told in court today the story of the shooting of Policeman Patrick Consldine by her husband on May 24. On the stage her acting would have scored a hit; as it was, she thrilled the court-room. The sordidness of the tragedy In which she figured was lost in ■ the thrilling scene she re hearsed before the jury box. She was fighting for her husband's life, for upon her testimony depends the case for the defense. Yet she took the stand with thp knowledge that her husband, himself an actor, was re* gardlng her coldly and critically, with no sign of sympathy for her position. She was dressed in a blue linen dress with a huge collar of white lace and a flimsy creation of white straw on her head. Her maiden name she gave as Eliza Lovell; her age as 28 years. She said she had been married two years ago and that, on the stage, she acted with Devlin under the name of Mae Ell wood In a. song and dance sketch, “The Girl from Yonkers.” "Tell us in your own way what led up to the shooting,” said Alexander H. G. Maidment, counsel for Devlin. Telltt What Preceded Shooting. “On Friday afternoon,” she began deliberately, “my husband had met Consldine on the street and had ac cused him of being intimate with me.” Her very calmness enthralled the spectators who had crowded into the court-room to hear her sensational recital. “Jimmie told Consldine,” she con tinued, "that he knew we had been out together Wednesday night and that he had come home with me. “The facts are these: I tlid meet Consldine Wednesday night and walked with him to Corcoran's fa cafe). I had some money and we both bought drinks and we both be came intoxicated. "I was there when my husband met Consldine on the street and was talk ing to him. Jimmie said: 'My mother told me that you had been too intimate with my wife on Mon day night.’ Consldine denied It. Told Consldine to Stay Away. "Jimmie then said: 'I will take your word for it. if you say that you did not do It, but stay away from my wife and my home.’ That, ended the conversation between Jimmie and Consldine on Friday afternoon.” Prosecutor Wendell J. Wright tried to get the witness to say that Dev lin had accused her of misconduct. “He did not,” she retorted. "When Consldine denied It the entire matter was dropped.” “It. was untrue, anyway, wasn't it?” the prosecutor suggested. "I won't say whether It was or r.ot, ’ Mrs. Devlin replied cautiously. “I refuse to answer.” Continuing her story, she said: “I went out at 9 o'clock on Satur day with little Anna Devlin (an orphan taken care of by Mrs. Anna Devlin, the mother of the prisoner). We went to Bender’s Hotel (a hotel in Cliffside Park, near the Devlin home). We were sitting in the dining room when Mr. Bender came in and said: ‘Hello, Mrs. Devlin.' "Consldine was in the barroom and he heard him. He came into the room. Pretty soon Consldine got (Continued on Pbkp 2. Column 1.) Six Soldiers Die in Train Wreck MANILA, July 9.—Six men were killed and forty injured today when a flat ear crowded with members of the Coast Artillery was wrecked be tween here and Corregldor, about thirty miles southwest of the city. The dead soldiers are Privates Boyd Manes, of the Quartermaster Corps; Louis D. Koenig, Elmer Nert zlnger, John Paul. Albert It. Wells and George Hughes, according to a dispatch received at the war depart ment today. All belonged to the Nlnty-flfth Company, Coast Artillery. Army officers familiar with Manila harbor believe the accident happened on a military railroad on Corregldor island, built to- transport heavy ordi nance and supplies from a wharf on the bay side to the height two miles off on which fortifications are situ ated. The soldiers who manned the bat teries ahd the engineers at work on the fortifications are in the habit of using the road to avoid the steep cllntp to the top of the bluff. PLAYS WITH SNAKE; BITTEN HAGERSTOWN, > Md., July 9.— Grabbing the wrong kind of snake, Jesse Ricketts, of this city, while vis iting his grandfather, Adam Bonzof, of Pinesburg, was bitten on the hand by a copperhead. Hts arm, as a re sult of being bitten, Is swollen to three times its normal size as far up as the shoulder. Better Service to Ftemlngtnn on Sundays la provided by new C. K. R. of N. J. time table. The 9:41 a m. train from Broad street station now lia* con nections for Flomlngton. For other Im provements In train aervice, sea Tlckat Agents.—Adr. _ THE LAND HOG I aotn i'lT* , M«j.» ir a Y Bit Limit* j**1 ?. “ V • * y Uf TO DATy STORtS j J Ton muT j WATER WAGON AT DOOR WHETS HER SON’S THIRST A "water" wagon stands in front of Mrs. Pastorel's house every day. There is no good reason why the wwgon should grace the street In front of her domicile, and to Mrs. Pastorel's mind there are many reasons why It should make Itself scare in the neighborhood. Mrs. Pastorel lives in Delancey street near Van Buren. The daily ap pearance of the wagon grated on her nerves, and today she consulted Judge Hahn In the Third Precinct Court. “You see, Jorge, dis a wagon him maka my Jimmy boy get a thirst all de time dat costa me some raon you bet, huh?" "I can't see how a water wagon makes your boy thirsty. He's an odd boy. I should say,” said the judge. This was Jim's cue to step into view. He grasped the edge of the Judge’s desk with his hands and drew himself up until he could see the pa tient magistrate on the other aide. Satisfied, he let himself down to the floor again. In a minute a shrill little piping voice came upwards: “Me mudder means a soda water wagon, sir. One wit white and yellow and red stuff In bockles watt's good to drink. Didn't you never buy a bockle of soda?" Jim demanded. "Sometimes we buys dem an’ some times we gets dem for nuttln’ w’en the guy ain't lookin’.” Before Mrs. Pastorel left, she set forth her other reasons for wanting the wagon removed. One was that the rattle of the bottles wakes the bsby and draws a gang of bad boys around her house. Other reasons were that the horse chews around the tree and makes himself generally obnoxious. She has to run to the drug store for medicine for “Jim’s tummy ache," and 67 minor reasons. WOMAN ADMITS Declares Th'at He Tried To Per suade Her to Run Away from Husband. Admitting that she had fired a load of buckshot from a double-barreled shotgun with the intent to kill Angelo Bulo, of 286 East Kinney street, Mrs. Felicia Cantalope, of the same ad dress, was held in $2,500 bail to await the action of the grand Jury by Judge Hahn In the Third Precinct Court to day. Although an attempt had been made to discharge both Darrels, it is al leged, but one shell exploded, the shot going wild. The other shell showed marks of having been struck by the hammer. The shooting followed a series of quarrels at the house, where Mrs. Cantalope lived with her hus band and kept a store In the base ment, and Balo, her brother-in-law, lived upstairs with his wife and three sons. According to Balo, a box of matches that Mrs. Cantalope charged one of the boys with stealing, started the trouble. Mrs. Cantalope denied this and said that she shot at him be cause he wanted her to run away from her husband. Patrolman Bauer found the woman about a block away from the scene of the shooting when he was sent with the reserve squad to investigate. She was limping from an Injured foot, caused, she said, by Balo’s throwing a bottle at her. Balo was found at' his home. In holding the woman in bail today on the charge of assault with intent to kill. Judge Hahn, declared he could find no evidence that Balo had asked her to run away or had in any way Interfered with her. i _ FIRST BASEMAN BORTON WON’T JOIN JERSEY CITY ST. JOSEPH, Mo., July 9.—First Baseman Borton, sold several days ago, by the New York Americans, to the Jersey City International League Club, refuses to report to Jersey City, and will arrive at his home here tomorrow. Manager Holland, of the St. Joseph Western League team, with which Borton was playing when he went to the Chicago Americans, late last season, said today he would try to have Borton returned to him. ’n CANNON CALLED IN Aldrich and Forty Other Prom inent Men Are Summoned to Washington. WASHINGTON, July 9.—Chairman Overman, of the Senate lobby com mittee, announced today that the Na tional Association of Manufacturers had requested him to subpoena for mer Senator Aldrich, former Speaker Cannon and about forty other men once prominent In Congress and offi cial life, to testify on the lobby charges by Martin M. Mulhall. At the hearing today A. D. Baldwin, a Cleveland attorney, testified that in Washington, talking to congressmen about the sugar tariff, he represented Alexander & Baldwin, of New York, and received $30 a day. A. S. Smith, of Tennille, Ga., presi dent of the State branch of the farm ers' union, was questioned about a meeting of a committee of the Na tional Farmers’ Union at New Or leans last spring at which a scheme to Increase the consumption of cot ton was to be discussed. He iestlfied that his expenses there were paid by R. D. Bowen, president of the Texas branch of the union. President Barrett, of the national or ganization, was not present. H. H. Mobley, of Prairie Grove, Ark., president of the State Farmers’ Union, said he was at the New Or leans meeting called by Bowen. He signed a telegram to the Arkansas senators at Bowen's dictation ask ing for a hearing for Arkansas cot ton Interests. "I'm slow to make accusations,” said Mobley, "but I have come to know that at all our meetings, State and national, we are surrounded by men who want us to do something for their Interests.” William Whitman, of Boston, former president of the National As sociation of Wool Manufacturers and president of the Arlington Mills at Lawrence, Mass., was the next wit ness. Whitman testified that the Arling ton Mills, with output of 600 non pounds of cotton yarn and 400,000 pounds of wool a week, had not been running at capacity on account of poor market conditions, first noticed In 1909. Conditions were worse now, he said, than he had ever known. From 1894 to 1907 the mills had run practically on full time. HUSBAND’S LOVE OF LEISURE LIFE Mrs. Marvin Successfully Ad vances Grounds for Annul ment of Her Marriage. Special Master Nicholas W. Bind seil has just filed a report In Chan cery recommending a divorce for Mrs. Annie Hlgble Marvin, of 506 Summer avenue, and a member of the promi nent Hlgble family of this city, be cause, In his opinion, her husband is too fond of a life of leisure. Her husband, William Force Mar vin, son of former Alderman Marvin, of this city, Is living at the home of his mother in Flanders, Morris coun ty, where he has been since he left his wife In October, 1909. Mrs. Mar vin brought her suit on the grounds of desertion and Marvin made no re ply to the action. 6100 i Month from Relative. She sayB that in the sixteen years of their married life, her husband never properly supported her. He was too fond of a life about town and what little money he did earn he spent for drink, she declares. Mr. Marvin’s income came from her sis ter, Mrs. Harriet M. Butler, a wealthy Boston woman, who for three years sent her $100 a month, while Marvin was earning different sums that ranged from $15 to $35 a week and spending It for liquor. In August, 1909, Marvin lost his position and simultaneously he re ceived a letter from his wealthy Bos ton sister-in-law threatening to cut off his wife’s Income. Upon the re ceipt of a second like letter an nouncing that Mrs. Butler was com ing here to talk things over with him, Marvin packed a suit case and left for Flanders, where he has since remained, despite the entreaties of his wife and two children, William Force Marvin, Jr., and Harte Hlgble Marvin. The former Is 17 years old and the latter, a girl, is 16. They visited him at Flanders shortly after he left his wife, and asked him to re turn to their mother, but he would give them no answer. Were Wed at Park Church. Mrs. Marvin wae married on Oc tober 12. 1893, by the late Rev. Dr. Clement French, pastor of the Park Presbyterian Church. Six years after her marriage she received $10,000 from her father’s estate and with $6,000 of It bought the house at 606 Summer avenue, where she and her husband resldod and where she still lives. The other $4,000, she nays, went for house hold expenses and pocket money for her husband. Mr. Rlndsell was convinced by the testimony of Mrs. Marvin and her sister that Marvin was too fond of a life of ease and he accordingly recom mended the divorce. George M. Keasbey represented Mrs. Marvin. The two children are now In her cus tody. The alimony will be the sub ject of a separate hearing. Marvin is still living in Flanders. His father died there recently after a prominent career in Republican politics. TEN CARRIER PIGEONS FLYING ACROSS COUNTRY HAYS, I{an„ July 9.—Ten carrier pigeons sent nrre by the Ohio Valley Pigeon Fanciers! Association at Pitts burgh, Pa., wen liberated today and started East In a bunck. IPRU APPRAISERS ARE DESIGNATED GY CHANCELLOR Ex*Senator Smith, ex-Governor Fort and ex-Postal Head Johnson Named. GRIGGS AND LANE TO BE POLICY-HOLDER COUNSEL Stock Valuations Necessary Be fore Insurance Company Can Be Mutualized. [From n stuff C'nrrpsponilfnt.l TRENTON, N. J., July 9.—Comply ing with the petition of the Pru dential Insurance Company, under authorization of a:i act passed by the last session of the Legislature, Chancellor Walker today named the appraisers for the acquirement of the capital stock of the Prudential, to the end that the company may be changed from a stock into a mutual concern. The chancellor named as appraisers former United States Senator James Smith, Jr., former Governor John Franklin Fort and former Post master-General W'illtam M. Johnson. The act also provides that the chancellor appoint counsel to repre sent the interests of the policy holders. Complying with this par ticular section, the chancellor named former Governor John W. Griggs and Merritt Lane, of Jersey City. The application for the appointment of appraisers by the Prudential was opposed by a certain number of stockholders, and in making the an nouncement of the appointments to day Chancellor Walker filed the fol lowing memorandum with the court: "The Prudential Insurance Com pany of America has filed its peti tion praying for the appointment of two or more disinterested persons to appraise the value of its capital stock in accordance with the provis ions of an act of the Legislature, en titled ‘An act to permit any stock life Insurance corporation of this State to acquire the capital stock thereof for the benefit of itH policy holders and to convert such stock life insurance corporation into a mu tual life Insurance corporation,’ to the end that the company may be changed from a stock company into a mutual company. "Certain of the stockholders object ed that the act under which the pe tition was filed is unconstitutional and the court lacks power and Juris diction in the premises. My exami nation of the matter has convinced me to the contrary, and I hold that the act is constitutional and the court Is clothed with Jurisdiction. This view leads me to the appointment of appraisers and I will also appoint counsel to represent the Interests of the policy-holders. The act Itself authorizes the appointment of coun sel for the policy-holders.” FIELDER SAYS HE Ticket” Law Ineffective With Him. | From n Staff Correspondent.1 TRENTON, N. J„ July 9—Gov ernor Fielder, It was said today, may resign his position If he receives the Democratic gubernatorial nomination. Such action on his part, should It be takpn, would be owing to the consti tutional provision in this State which makes It impossible for a Governor to succeed himself. It Is Governor Fielder’s personal opinion that the constitution really Intends to provide that a Governor olected by popular vote cannot be re elected and that It does not affect his status, since he was merely chosen to All the unexptred term when President Wilson left the State House to be come President. Governor Fielder in reply to inquiry at Wildwood, N. J., today as to whether he expects to resign as acting governor to become a candidate, said that he had not considered the mat ter seriously, that he did not believe by law that he would he required to resign and that there is ample time to consider and decide the question. The constitution expressly prohibits a governor from succeeding himself. The governor's friends, however, argue that this does not apply to him, as he is the president of the Senate, and by virtue of his oHice, the acting governor. On thiB contention, they say, the constitutional prohibition applies only to a governor who has been elected and then tries to succeed him self at the following election. Those close to Governor Fielder say he will not resign before the coming campaign. He will, It is said, follow the example laid down by President Wilson, who remained New Jersey's governor up until three days before he assumed the presidency of the United States. A situation similar to the one now before Governor Fielder was when Foster M. Voorhees succeeded John W. Griggs as acting governor in 1898, Governor Voorhees did, however, re sign a few days before the election and was succeeded by Speaker of the Assembly Watkins. Mr. Voorhees was then elected for a full term. Fast Trains to the Seashore leave llroad St. StatloD, New Jersey Central, 9:03 a. at., 3:60. t:25 |>. in., every week day. and 5:10 p. m., except Satur days and holidays; 1:10 p. m. Saturdays only: Sundays at 8:60 and 9:30 a. m. New through train from the ahore arrives Broad St. Station 7:51 a. m. week days. Connecting trains for the shore leave Broad St. Station week days 11:36 a. n>„ 1.37. 6:38. 6:36. 5:08. 11:59 p. m.: Sunday* ftwfc. 942 a. ra. aad 12:06 nilg^t.—Adv. I MOTOR RACE MEN. GOUTY, ARE MOM ABOOTNEXT STEP Police Judge Regards Motor cycle Contest as Illegal Un der Attacked Ordinance. CAPTAIN VOOEL APPEARS AGAINST THE PRISONERS Promoters May Get Writ or En join Authorities, Pending Outcome of Test. The second step by the promoters of the Stadium Motordrome in the legal battle to resume motorcycle rac ing in this city was made today when four of the six men arrested at the races last night were arraigned and found guilty before Judge Charles F. Herr In the Fourth Precinct Police Court. Only the two motorcycle riders who took part in the race were fined. They will be obliged to pay *50 as provided in the city ordinance prohibiting motorcycle races. The riders are John King and Fred G. West, who were paroled in the custody of Inglls M. Uppercu, promote: of the track, until the fines are paid. The track officials and riders were represented by Edward O. Stanley, of the latv firm of Pitney, Hardin & Skinner. Mr. Stanley insisted that the complaints should be dismissed because there was no evidence to show that a race had been staged for any “reward or gain," as prohibited in the ordinance, rfe also declared that the power of the Common Coun cil to adopt such an ordinance would be contested. Although Attorney Stanley refused to make any statement after the riders had been fined, it is understood the promoters will apply for a writ of certiorari within a few days. If the writ is allowed to act as an In junction to restrain the city officials from interfering with the races until the upper courts have passed on the test case. It Is likely that motorcycle races will he staged at the track dur ing the summer. Edward F. Root and Fred H. Hill, the bicyclists who rode in the mo tor-paced race last night, were dis charged. It was decided to register no complaint against these riders following a conference between Mr. Stanley and Assistant City Attorney Charles M. Myers, who prosecuted the cases. The charges against King and West were heard first. Captain Os <Continued on Page 4. Column 2.) COUNCIL FACES , Department Heads Expected to Wage Money War Before Fi-: nance Committee Tonight. Now the fight is on. The finance committee of the Common Council by Its action In cutting the appro priation asked by practically every city department, as shown by thtf tentative tax levy, has stirred up a lively rumpus. Tonight's session of the committee, when the levy will be formally adopted, will ne anything but a love feast. It is doubtful if their regular meeting room will be able to accom modate the bunch of "kickers” and disgruntled department heads whose requests were curtailed. The battle of the evening will in all probability come from the Play grounds Commission, which is slated for a cut of $28,500 in its recreation account and $38,250 from the bath house account. It was rumored about the City Hall today that at least two of the com missioners had declared emphatically that If the finance committee insisted upon the cuts being made their activi ties would be curtailed to such an extent that there would be no need of a Playgrounds Board, and they' would resign. Neither of the two commissioners mentioned could be located to verify the statement. Commissioner B. M. Shanley, jr., was the guiding light in the prepara tion of the playgrounds budget and. as he declared when he presented it to his colleagues, he out down every item to the lowest possible amount. Secretary J. Leonard Mason con ferred with Acting Mayor John H. Donnelly on the question shortlv after noon today. It is understood that it was pointed out to him that there was no need for worry, as tho contingent fund will be available if the appropriations granted are not sufficient. This, however, will be a sort of gamble, as most of the other departments will go along with the same move in mind, and It is doubtful If the sum in the fund will be suffi cient to make up deficiencies in nil departments. Here is what the reduction in »> e playgrounds budget means: Curt til ment of commission’s activities, .6 extension of playgrounds, the giving up of the Belleville avenue grounds because of no funds. Also. It w.il be possible only to keep the public baths open during the summer t’me The matter will in all probab'Uty be brought to a head tonight, but the commissioners might wa't before taking any drastic action until the return of Mayor Jacob Haussllng, who is at present at Rochester at tending the Elks' convention HUSBAND OF JERSEY WOMAN IS A BIGAMIST STAMFORD, Conn.. July 9.—Ar thur B. Bush, whose home is at 177th street and Amsterdam avenue, New York, pleaded guilty to bigamy la the city court here.