The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

ROOKEYN DAIIjY" EAGIi FOUB O'CLOCK EDITIOK. WEDNESDAY, JANUARY 8, 1896 VOL. 56. NO. 7.

14 PAGES. THREE CENTS. THE PRESTON'S SUCCESSOR NAMED. SMALLPOX ON THE HEIGHTS. i BRUSH'S CONSOLIDATION BILL, RHODES MUST BE BANISHED.

PLATT DECLARES FOR MORTON. gerous sign. It Is the duty of a court not to close its eyes to such occurrences. It is not the business of the polico to meddle in such matters, or forcibly interfere with citizens except to arrest them for crime. Tho contrary has become all too common.

The like Is not permitted In any free government in the world, except In some of the large cities of this country, and it will not bo permitted there much longer. It is the right of any citizen to arrest anyono, even though ho be a policeman, whom ho sees committing any criminal offense, or to arrest anyone who has committed a crime of the grade of felony, though ho did not see him commit it. It Is the duty of a policeman to do the same (Criminal Code, sees. 177, 183). A citizen has as much right to arrest even a policeman committing a criminal offense as a policeman has to arrest a citizen.

If either makes an arrest, he must, tako the person arrested before a magistrate. To be plain about it, as the citizens do not want to be doing police duty, they hlro policemen for that purpose, but do not thereby make them their masters, nor give them any more right to interfere with individuals than they have themselves. If the police are advised that one of theBe claimants is without any Judicial' authority, it would be quite enough for them to refuse to execute his warrants, or to bring any prisoners before him. However, as there is not likely to be any further unlawful interference, the motion to continue the inlunction is denied Justice Patterson said this morning that he had not heard of the decision, but it it was against mm he would take the case in the court of appeals. He said he felt confident tnat ne would win.

Justice Murphy was not at his court this morning. LORD DUNRAVEN'S SOLICITOR. SAILS FOR EUROPE ON THE NEWLY REPAIRED STEAMSHIP ST. PAUL. Although the name of George R.

Aslcwifch does not appear upon the revised passenger list of the newly repaired American line steamship St. Paul, which sailed from New York at 11 tlock this morning, Lord Dnn raven's solicitor was one of her most distinguished passengers and occupied a commodious state room upon the upper deck. In addition to being one of the leading legal lights ot London Mr. Askwith has gained distinction as the family solicitor of the house of Dunraven and recently accompanied the yachtsman to America to appear before the investigating committee of the New York Yacht club in an endeavor to substantiate the charges which the earl brought against the managers of the Defender. The only person who escorted Mr.

Askwith on board the St. Paul was H. Maitland Kersey. Among the other passengers on the St. Paul were Edward Brooks and family, C.

H. Bedell, Sewall and George Carv, E. Dameron, Albert Erseman, R. p. Joy, L.

Allyn Wight, Joseph S. and Major W. H. Williams, Harry F. Tigne and Ricardo Zulouga.

This is the first voyage that the St. Paul has made since her main steainpipe burst in December, in which accident nine firemen were killed. REBUKED THE POLICE. THEIR METHOD OF OBTAINING EVIDENCE CONSIDERED QUESTIONABLE. Charles Pape, who keeps a saloon of 60Si West Twenty seventh street.

New York, and Joseph Rooney, a boy of 17 residing at 532 West Twenty seventh street, were prisoners in the Jefferson market court this morning, charged with selling liquor to minors. Policemen FeeB and Kane of the West Twentieth street station, were the complainants. The policeman said that for some time past Pape had been in the habit of selling liquor to children. Rooney was employed by him to hang around the place. Yesterday the officers, deEirlng to collect evidence, sent Fred Keiser, 9 years old of 524 West Twenty seventh street, and Thomas Slevlns, 9 years old of 522 West Twenty seventh street, to get 10 cents worth of whisky.

Rooney took the money, It is said, got the whisky and gave it to the boy b. He and Pape were then arrested. Magistrate Flammer discharged the prisoners and told the policemen that they had no right to obtain the evidence' in that manner. THINKS HE WAS DRUGGED. WARRINGTON LOST $209 AND WAS ARRESTED FOR INTOXICATION.

William B. Warrington, a well to do liquor dealer of 240 Macon street, and Costes of Flushing were arraigned before Police Justice Walsh in the Adams street court this morning charged with intoxication. They had been arrested last evening by Patrolman Harrington of the Adams street police on Fulton street, near city hall square, in a nearly helpless condition. Warrington had a one hundred dollar bill In his hand. Both men pleaded guilty and were fined $2 each.

When Warrington reached into his pocket for money to pay the fine he declared that he had only $111, whereas last night he had $320. The $209 missing he declared had been taken from his by some one who had drugged him with knock out drops. He believes he was followed out of a saloon near the bridge, where he had taken one drink. He did not accuse Costes, who aid he could remember nothing about what took place. The police are investigating Warrington's story.

SAID SHE WOULD COME BACK. A WOMAN WHO RANG FATHER MA LONE'S BELL FOR HALF AN HOUR. A well dressed woman went to the home of Father Malone, at C9 South Third street, at 11:30 o'clock this morning, and asked to see the priest. She was told by the housekeeper that he had not returned from his trip to Baltimore. The woman refused to believe it and became abusive.

After the door had been closed In her face she rang the bell continuously for half an hour, creating quite an excitement on the block. Finally, a policeman was sent, for, and he asked the woman to go V. 1.1 1 j. k)uv siim aiie wuuiu, (JUL 'WIllia nave I to return, as sne nau important ouslness to transact with the venerable pastor of St. Peter and Paxil's.

WURSTER SMOKES GOOD CIGARS AND HE DOESN'T MIND PUFFING AWAY DURING OFFICE HOURS. Mayor Wurster enjoys a good cigar. That is the kind ho smokes. Unllko other mayors he smokes in his office In the city hall. He says he always used cigars In his busines: office and sees no objection to smoking In the 1ST Must Surrender the Lee Avenue Court to Schnitzpan.

HOT SHOT FOB THE POLICE. Justice Gaynor Holds That the New Constitution Regards the Brooklyn Civil Courts as Inferior Tribunals. As Such the Terms of These Presiding Officers Expired on January 1 An Appeal Will Be Taken, Justice Gaynor of the supreme court this morning handed down his decision on the application of Edward C. Murphy to continue a temporary Injunction restraining William Schnitzpau and Polico Commissioner Welles from interfering with Mr. Murphy in the enjoyment ol the bench ot the Third district civil ccurt.

His honor, for reasons given in the opinion printed below, denies the motion to continue the injunction and so Mr. Murphy will krow the soft cushion of Lee avenue court no longer. Mr. Schnitzpau may new rise to the occasion and dignity of a judge without waiting until May day. At the same time the Murphy case was argued, that of Justice John Petterson of the Second district court, against his successor, Gerard B.

Van Wart, was heard, the facts in both being identical. The decision handed down in the Murphy case disposes of the Petterson case and Justice Gavnor so indorses the papers. The question will be taken to the. appellate division as soon as possible and under a stipulation of counsel the ruling there Is to be taken as final. It will be seen from a perusal of Judge Gay nor's opinion that the vital point was as to whether the courts in question are Inferior courts in the meaning of the final clause in the new constitution.

His honor find that they are and that the offices of judges thereof expired on January 1. Had this not obtained Justices Murphy and Petterson would have held over until the expiration of the terms to which they were elected, which occurs on May 1. Judge Gaynor has a few things of a rather tringent nature to say of the part the police played in the physical fight for possession of the offices in question. The opinion reads: By statute the City of Brooklyn Is divided Into judicial districts, with the requirement that a justice of the peace be elected in each distrlct They are given the same lurlsdic tion within the city that justices of the peace of towns nave (laws of 1850. chanter 125.

Brooklyn Charter. Title 211. The term of office Is four years, beginning and ending at May 1. The plaintiff was elected for the third district at the general election in 1892, for a term to end at May 1, 1896. Four months of the term, therefore, remain.

The defendant, Schnitzpan, was elected to succeed him at the last general election. The new Etate constitution adopted in 1894 separated city elections (except in cities of a population below fifty thousand) from national and state elections by requiring them to be held in odd numbered years. In order to conform terms of office to this system it provided that all terms existing on January 1, 1895, which Would expire thereafter in an even numbered year, and not at the end thereof, were abridged so as to expire at the end of the preceding year (Article 12, Section 3). This fits the plaintiff's case, and his term thus abridged expired with the year 1895, unless the proviso at the end of the section excepts the office of justice of the peace in Brooklyn; and this brings us to the exact point of the controversy. That proviso Is that the section does not apply "to elections of any judicial officer, except judges and justices of inferior local courts." The plaintiff insists that within the meaning of this language as used In the constitution, he was not a justice of an inferior local court.

It seems to me that this claim grows out of the error of supposing that this nomenclature la respect to minor courts was new to the constitution of this state. Under the colonial government all judicial officers, beginning with justices of the peace and going up to justices of the supreme court, were appointed, not elected, and this method continued under the state government until the constitution of 1846 went into effect (Street's council of revision, pp. 22 69). The ordinance of 1691, establishing, the judicial system, names all the judicial officers In this scale, beginning with justices of the peace. Who doubts that in contradistinction to the courts of general jurisdiction which it established, courts of justices of the peace were on appropriate occasion designated as inferior and local? for they were both, In fact.

This designation of courts, high courts, courts of general jurisdiction, Inferior courts, local courts and special courts, is natural and obvious, and of ancient use (Bac. courts; Blackstone, b'k 3. ch. 4). The first constitution, that ot 1777, left the colonial judicial system as it was.

The next constitution, that of 1S21, still lett all judicial officers appointive. In 1826 a constitutional amendment was adopted, which provided for the election of justices of the peace in towns. This was thefirsttime incol ony or state thatany judicial officowas elective. In the next constitution, that of 1846, a substantially no? Judicial system was established, and all judicial offices were made eleotive. And this is the first of our constitutions which used the nomenclature now under consideration.

After providing for the election of judges, from those of the court of appeals down to justices of the peace in towns, and prescribing their terms of office, it further provided as follows: Interior local courts of oivil and criminal jurisdiction may foe established by the legislature In cities." (Art. 6, sec. 14.) The people of the state having by this constitution taken unto themselves the establishing of courts and required that all the judicial officers specifically named therein. Including justices of the peace of towns, should be elected, expressed their permission to the legislature to establish "inferior local courts in cities," prescribing no restriction in respect of whether they should be elective or not. Thoy established inferior local courts in the towns, courts of justices of the peace, and left the legislature to provide inferior local courts for cities.

Surely, no one thought this reference to inferior local courts for cities would thereafter exciude courts of Justices of the peace from that designation, either in ordinary speech or constitutional Interpretation. In the amendment of the judiciary article of the constitution adopted in 1859 (Art. sec. 19), the said provision for the establishing of inferior local courts by the legislature in cities was amended by dropping the word cities thus leaving it general, and it was incorporated lu the same words in the present constitution (Art. 6, sec.

IS). There seems to me to be no foundation either in the ordinary use of words, or in the terminology and nomenclature of our successive constitutions, for the claim tbat courts of justices of the peace, either in towns, villages or cities, do not come under the designation of "inferior local courts." They are such in fact; and those of the City of Brooklyn seem to have been recognized as such within the meaning of the words as used in the constitution, though the precise point was not raised (Gerrity v. Reid, 7S N. Y. 04 People ex rel.

v. Terry. 108 N. p. 10).

I find uoihing pertinent to the question in the case of Wenzler v. The People (58 N. Y. 5161 cited upon the argument. The prolonged discussion in that case was as to whether the legislature could provide for the apoplntr.ient instead of the election ol police justices In the city of New York, in view of the special requirement in the said judiciary article of 1SC9 (see.

18), that "justices of tho peace and district court justices shall be elected in the different cities of the state." I conclude that courts of just Ices of the peace in the City of Brooklyn are embraced in the designation of inferior local courts In sec. 3 of art. 12 ot the Constitution (that being the article on cities), and that therefore tho plaintiff's term was abridged so as to end with the year 1S95. In order to get a decision of the question involved, counsel for the defendant, Schnitzpan, upon the argument, waived tho question of whether an action to restrain the claimant of un office from Interfering with the Incumbent would He. It only remains to say whether the Injunction shall be continued against tho police.

They had no right to use force In tho dispute between these rival claimants, nor by their presenco to countenance or encourage it. That they did so to any extent Is a dan EX SENATOR KILBURN CHOSEN SUPERINTENDENT OF BANKS. Albany, N. January 8 Governor Morton will send to tho senate, probably to night, the nomination of ex Scnator Frederick D. Kil burn of Franklin county to succeed Charles SI.

Preston as stats superintendent of banks. SUP PRISED BY THE POLICE. SUPPOSED BURGLARS DISCOVERED IN A MYRTLE AVENUE STORE. A burglary was committed at 11:35 o'clock this morning a the dry goods store of Nathan F. Green, at Myrtle and Washington avenues.

One of the burglars was caught Just as he was making his escape. The store was robbed about two weeks ago, and the matter was reported to the police of he Twenty first precinct. Since that time a special watch has been kept on the place. Early this morning while Patrolman Green of the Twenty first precinct was standing at the corner of Washington and Myrtle avenues, in front ot the store, he heard a noise that apparently came from the rear of the store on Washington avenue. He ran in that direction and saw a man jump from the roof of tho extension to the stoop of an adjoining dwelling house.

At the same time he noticed another man on the roof. The latter evidently saw the officer about the same time, for he picked up a large bundle and at tropted to get away. In his excitement he tripped and fell down the steps, but got up again and started on a run down Washington avenue, leaving his bundle behind. The officer followed him and rapped for assistance. Officer Klefer, in citizens' clothes made his appearance and arrested the fugitive.

The bundle dropped by the prisoner was opened and found to contain goods worth $G0, stolen from Mr. Green's store. An entrance to the store had ben effected through the main hallway of the building, and the stolen articles had evidently been lowered from the window by a rops. In the Myrtle avenue police court this morning the prisoner gave his name as Charles Thompson and said he lived on Gold street, near Front. He was held for examination on a charge of burglar MR.

HERBERT'S RECOMMENDATIONS. IN REGARD TO THE BUILDING OF NEW BATTLESHIPS. Washington, D. January 8 Secretary Herbert to day sent to the Senate a reply to the resolution asking for his opinion as to whether it would be advantageous to the naval service to contract for six battleships instead of for 'the two authorized on the basis of the bids now before the department. The secretary says the two ships authorized have already been contracted for and that the department does not deem it advisable to recommend that any bids already received and not accepted should be further considered.

He is of the opinion on the contrary that the building ot other ships should be open to competition. He thinks there would be no neccessity for delay in getting bids on other new ships as the department's plans for battleships are familiar to all the ship builders in the country. He thinks ten days notice would be sufficient time. The secretary also renews his recommendation that the building of at least twelve torpedo boats be authorized and recommends that if this action be taken the number which any one contractor may build be not made too innall for the reason that if they are awarded In large lots they can be built at cheaper prices. He also recommends that if the additional torpedo boats ore authorized permission be given to build them of different sizes and that the limit to the cost of the vessels be made in the aggregate instead of on the individual boats.

If, he says, direction to the dimensions of the several boats be given to the department they may be built of various sizes and it would thuK be possible to give some of them a greater rate of speed than would be possible if all were of the same size and all cost the same amount CONSULTING ABOUT FALLON. CHARGES AGAINST THE TOMBS WARDEN NOT MADE PUBLIC. Commissioner of Corrections Robert J. Wright of New York said this morning that he expected to receive to day the full charges made against Warden John J. Fallon of the Tombs prison who has been suspended for alleged cruelty.

Mr. Wright said he would go over the charges carefully with a representative of the corporation counsel's office. After that the papers would be. served on Fallon or his lawyer. Fallon Is a veteran and this, Mr.

Wright says, is another reason why he will be given every chance to clear himself of this accusations against him. Mr. Wright said he did not think he would make the charges public to dav. Late this forenoon Commissioner Wright was closeted with Assistant Corporation Counsel Turner, with whom he was discussing the detailed charges against the warden. The door keeper refused even to let any messages be sent In to the commissioner.

The commissioner's secretary. Mr. Phillips, finally came out and informed the reporter that the commissioner expected to be very busy for some time going over the charges with Mr. Turner. He did not expect to make the charges public to day.

Mr. Phillips also said that there were two other persons engaged in the conference whose names he could not, or would not, give. He denied any knowledge as to the origin or correctness of a rumor that Fallon had resigned. HARVARD'S STUDENT POPULATION. IT HAS REACHED 3.005 FOR THE PRESENT YEAR.

Cambridge, January 8 The official catalogue of Harvard college, giving statistic information from every branch and department of the university for 1895 was issued to day. It shows that the total number of university instructors is i)G0 against 337 a year ago. In tho college there are 1.771 students against 1.667 in 1894. Divided among tho professional schools are the following number of students LnwTcnce scientific school, 340; graduate school, 2B5; divinity school, 41; law school. 405; dental school, 102: medical school, 531; veterinary school, 55: Bussey institute, i5.

The total number in the university is 3,605 against 3,295 in. 1891. ALICE RENSHAW DISCHARGED. Alice Rcushaw. who was arrested with Henry Wilson and William King, tho colored men who are under arrest for robbing tho residence of Mrs.

Bnrneei at 239 Central Park West, on December "28 last, was this morning arraigned before Justice Cowing in parr I of the New York general sessions and discharged from custody. Kin; unci Wilson pleaded not guilty to the chnrgo against them this morning. STEAMER EALING ABANDONED. Halifax. N.

January 8 The steamer reported ashore last night is tho Ealing, Captain Meek, from St. John's, N. F. She has been abandoned by her crew. I'urthor particulars "are not yet obtainable.

Tho Ealing was built nt Blytke. England, in 1SS2. She is a screw steamnr of 1,280 tons net register and hails from London. ROBERT RAY HAMILTON'S PROPERTY. This morning Norman S.

Dike applied to Justice Gaynor of the supremo court for final judgment in tho suit of Eva Ray Hamilton for leave to sell the real estate in this county left her under the will ot her foster father. Robert Ray Hamilton. Tho property brought at tho sale. The court took the papers. TWO TROLLEY CARS COLLIDE.

A car of the Crosstown line and one of the Butler street line collided last evening at Columbia street and Atlantic avenue and shook up their leads of passengers quite severely. No person waa hurt. The total damage was $40. ONLY ONE CASE NAME AND ADDRESS IS WITHHELD. Deputy Health Commissioner Wyckoff said to day that the first case ot smallpox in many months was found in the city yesterday.

Tho suspicions of an attending physician were confirmed by an expert in the disease, and the patient was removed to tho Contagious Diseases hospital. "Can you give the name and address of the patient, doctor?" asked an Eagle reporter. "No," answered Dr. Wyckoff. "You see, we have not heard the entire history of the case yet, and pending our investigation it would not be wise to make the name and address public." "In what part of the city was the case found?" queried the reporter.

"My impression is that it was In the First ward," was the reply. "On the Heights?" "Yes; I think so," answered Dr. Wyckoff, and then he proceeded to repeat that he could not give the name now. There were seventeen cases ot diphtheria reported to day. TWO MEN KILLED; SEVERAL INJURED.

Denver, January 8 A despatch from Cripple Creek says a terrible explosion occurred to day in the C. O. D. mine. Two men were killed and several injured.

The mine Is owned by the Rebecca company the stock of which is held mainly ia France. BANK ROBBERS GET 57.700. Toledo, January 8 A special from Fayette, says tho Fayette bank was entered last night by burglars and 83,700 in money and abont S4 ,000 in bonds taken. There is no clew to the perpetrators. The bank was insured in tho Bankers' Fidelity and Casualty company, New York.

ALBERT NELLIS EXONERATED. NOT GUILTY OF COMPLICITY IN MRS. RUNNETT'S DEATH. Coroner Hoeber of New York this morning began the inquest on the body of Mrs. Jennie Runnett, who was found dead in the area of the house 276 West Fifty eighth street, New York.

The first witness called was Acting Captain Vredenburg of the Sixty eighth street station, who gave a detailed statement of the case. In referring to the affidavit of Joseph Katz, who said ha saw the' man push the woman over the areaway, John Fennell, a lawyer, who appeared for Albert Nellls, the real estate dealer now under arrest in connection with the case, objected to Katz's statement being read. He said Katz was in court and could testify for himself. To this Assistant District Attorney Seaman Miller, who appeared for the people, insisted that the statement be read. Coroner Hoeber told Katz to stand up, and asked him If he would stand by his statement.

Katz said, in a loud voice, "No, your honor; I will not." This caused a sensation, and the coroner ordered that Katz be allowed to leave the room. The next witness was Detective Officer Armstrong, who testified to finding and searching the body and the arrest of Nellis. Later the Jury returned a verdict exonerating Nellis and all the members of his family of any suspicion of complicity in the death of Mrs. Runnett. WARMER WEATER COMING.

HIGHER TEMPERATURE IN ALL PARTS OF THE COUNTRY. It is generally warmer this morning in all parts of the country. The temperatures over the northwest and upper Mississippi Valley are from 20 to 40 degrees warmer than yesterday morning. It is much warmer this morning over Montana and the Dakotas. The temperature in this city will rise steadily today and be much warmer to morrow.

The temperature In this city at 8 o'clock this morning was 5 degrees above zero, jumping to 10 degrees above at 10:30 o'clock. In Boston at 8 o'clock the temperature was 6 degrees above; at Buffalo 12 above; Washington, 26 above; (Chicago and St. Paul, 28 above; New Orleans. 50 above; Jacksonville, 56 above; Miles City, 40 above; Havre, 4S above; Atlanta, 2 below; Northfield, the coldest place In the country, 12 degrees below. A light snow is falling over Northern New York and a little rain in Georgia.

Elsewhere throughout the country the weather is generally fair. Fair weather Is predicted for today, followed by warmer weather, with northerly shifiting to southeasterly winds tomorrow. WARNED BY THE COURT. STUBENWOLL DISCHARGED AFTER A LECTURE BY" JUSTICE HARRIMAN. Frederick Stubenwoll, a former attache of Justice Neu's court, was discharged by Justice Harriman in the Gates avenue police court to day on a charge of having passed worthless checks on Henry Meyer and William Downs.

Stubenwoll has been arrested several times for the same thing and has escaped punishment. In discharging him today Justice Harriman said he was obliged to do so because the complainant failed to appear. "I do so reluctantly, however," the justice said, "but I want to warn you not to come here again on a similar charge. You have done too much of that sort of business. When caught you have influential friends see the complainants and settle the matter.

The next time I will see that the complainants appear and I will punish you." THREE FORTUNES SQUANDERED. HOW THE SONS OF AN INDIANA MAN CONDUCTED THEMSELVES. Decatur January 8 Twenty years ago John K. Evans, a man of considerable wealth, died here. In his will he bequeathed to his three infant sons, $10,000 each, with Interest, hen they should become 21 years ol'd.

Seven ears ago the eldest son, John, received a for tune which had doubled itself. He spent it in six months. David followed three years later in the same course. Three weeks ago, Samuel, the youngest, received a check for his fortune. He immediately began a career ot wild dissipation and to day is a total wreck financially, his diamonds and fine clothes are gone.

His fortune of $25,000 has been spent in precisely fifteen days. He is now under ar rest charged with fcrging the name of the president of the Adams county bank to a note for $200. MILLER DIED OF HIS WOUNDS. SECOND VICTIM OF THE NAPHTHA TANK EXPLOSION. William Miller, who was hurled thirty feet through the air while his clothing burned, when a naphtha tank exploded and wrecked the building of the United States and Canada Degreasing company at Montrose and Stewart avenues, died at St.

Catherine's hospital to day. His is the second death caused by the explosion, George Zerk having been killed instantly. Two other men who were injured by the explosion, are still in a critical condition at the hospital. VACANCY IN THE SUPREME COURT. Albany, N.

January Governor Morton has decided that a vacancy does exist in the position of supreme court judge in the Erie district, to which Judge Edward Hatch was elected last November and whom tho governor designated but a short time ago as an appellate division justice, and. it is said on good authority that John Woodward, district attorney of Chautauqua county will get the appointment. ASSIGNMENT FOLLOWS A SUIT. Montreal, January James Leggatt the best known shoe and rubber jobber in Canada, has made a voluntary assignments liabilities of $150,00. On Saturday he was sued for $50,000 by Dr.

McLean for alien atilng the affections of the latteT's wife. It Will Be Introduced in the Senate To night, IT CALLS 'OR RESUBMISSION. The Measure Provides That if a Majority of Either City Vote Against Consolidation There Will Be No further Proceedings and That the Question Will Be Voted Upon in iMovember. Raines' Excise Measure. Senator Brush dropped In at the city hall to day, on his way to Albany.

He had in his grip a number of bills which he will introduce to night. Among them was a consolidation bill providing for resubmission. Following is tho full text of the measure: An act providing for the re submission of the question of the consolidation of the cities of New York and Brooklyn, with adjacent territory, to a vote of the electors of such cities and territories. The people of the state of New York represented in senate and assembly, do enact as follows: Section 1. The question, "Shall the cities of Now York, Brooklyn and Long Island City, the county of Richmond, the towns of Flush ing, Newtown and Jamaica, and that part of the town of Hempstead, which Is westerly of a straight line drawn from the southeasterly point of the town of Flushing through the middle of the cnannei, Detween JttocKaway Beach and Shelter Island, to the Atlantic ocean, be consolidated into one city, under one municipal government?" shall be resubmitted to the electors of the said cities, county, towns and part of a town.

Such re submission shall be made at the general election, to be held in the said cities, county. towns and part of atown, on Tuesday, the third day of November, 1896. Sec. 2. If the majority of the electors of the city ot New York voting at such election, vote against consolidation, or if the majority of the electors of the City of Brooklyn voting at such election shall vote against consolidation.

no further proceedings shall be taken under this act. Sec. 3. If the majority of the electors of the city of New York and the majority of the electors of the City of Brooklyn voting at such election shall vote for consolidation, the said two cities shall, on the adoption of th report of the commission and of the proposed charter as provided for in section 6 of this bill, be consolidated into one city under one municipal government, and with them the adjacent territory mentioned in the first section of this act, or more or less as may be determined hereafter upon the report of the commissioners to be appointed as hereinafter provided. See.

4. If the majority of the electors of the city of New York and the majority of the electors of the City of Brooklyn shall vote for consolidation, nine commissioners shall be appointed to draft a charter for the con soWdaited city, three by the governor of the state of New York, three by the mayor of the city of New York and three by the mayor of the City of Brooklyn. These commissioners shall serve without pay. The mayor of the city of New York and the mayor of the City of Brooklyn shall be members of the commission ex officio. Sec.

5. The commission shall be known as the consolidation commission. It shall elect from among its members a chairman, a secretary and a treasurer. It may employ one or more counselors at law and laymen specially learned in matters of municipal government and also such assistants and clerks as shall be needed. The expenses of the commission shall be borne equally by the cities of New York and Brooklyn.

Sec. 6. The commission shall report to the legislature of the state of New York on or before March 1, 1S97, and shall present a charter for the consolidated' city with its report. This bill differs in one marked respect from that prepared by the consolidation commis sion. It puts the mayors of New York and Brooklyn officio on any commission which may be appointed to prepare a charter, while the commission bill ignores them in that relation.

Features of Senator Raines' High License Excise Bill. (Special to the Eagle.) Albany, N. January 8 Senator Raines this afternoon gave out a synopsis of his excise bill, which he will introduce to night. Under its provisions all boards of excise are abolished and the present incumbents will go out of office on April 30. On April 15, they are required to make certain reports to the controller ot New York and the various county treasurers and on April 30 they must be ready to turn over all their books and accounts.

Hereafter, should the bill become a law, the business will be transacted by the controller of New York and the various county treasurers. The bill provides for four grades of licenses. Tho first is a saloon keepers licenses, and will cost $800 in New oYrk, $GjO in Brooklyn, in towns of more than 50,000 population and less rt han 500,000, $500, the rate running down to $100, wMch is the lowest. The second grade refers to storekeepers. In New York they will pay $500; in Brooklyn $400, the second class cities $300.

small cities and incorporated towns, $200, and other places $100. New York druggists who desire to keep liquor must pay $200 while Brooklyn druggists will be assessed $150 In small cities, $75 in villages $50, and other places $30. To sell intoxicants on railroad trains or steamboats will cost $200 a year hereafter, if the bill becomes a law. Those desiring to go into the liquor busl ness can obtain blank applications from the state controller or the various county treasurers. Failing in doing so they will be compelled to go to the courts.

Under the bill the compensation of the collecting officials in cities of the first class is I Axed at 1 per cities of the second class. I cities or tne tnira ciass, a per cent, and all others a per cent. One half of the total sum collected after this has been deducted goes to the state and the other half to the county where it is collected. All in ail the bill is the most sweeping of Its kind over proposed and would completely up A VERDICT OF $35,000. DIEFFENBACH WAS PERMANENTLY INJURED IN A RAILROAD ACCIDENT.

In part VI of the New York supreme court this morning the jury rendered a verdict awarding $35,000 damages to William H. Dieffenbach, a commercial traveler who was permanently injured in a collision on the New York, Lake Erie and Western road on March 16, 1893. In a previous trial the plaintiff was seized with paralysis while testifying and the hearing had to be postponed. Counsel for the railroad company moved that the verdict be set aside as being excessive and that a new trial be granted. This application will be heard to morrow.

WATERBURY HAYDEN WEDDING I Philadelphia. January Miss May Louise Harden, niece of Mrs. J. Gilborne I Lyons of Bryn Mnwr, was married to Mr. I Nelson of New York, sen of the late Judge Nelson J.

Waterbury, in this 1 clity, this afternoon. The ceremony was performed by the Rt. Rev. Henry C. Potter, bishop of New York.

SAILED FOR EUROPEAN PORTS. Tho White Star steamship sailod at 10 o'clock this morning for Europe. She had but. twenty five saloon piifiBeiigorH on board. Tho Nor inannio.

enrriod over two hundred saloon passengers for Egypt and Mediterranean ports. He Throws a Bomb Into the Eeed Presidential Camp. HAS NO USE FOR THE SPEAKER. The New York State Republican. Machine Boss Pays a Brief "Visit to "Washington at the Request of Reed's Managers They Get an Unexpected Answer Resolution for the Annexation of Hawaii Introduced.

(Special to the Eagle.) Washington, D. January 8 Ex Senator Thomas C. Piatt arrived in Washington this morning. The reports of Levi P. Morton's candidacy for the Presidency have become so frequent of late and the sincerity of his backers has been so amply demonstrated that the most unbelieving scoffers have been forced to acknowledge that the governor of New York was a serious factor in the great game for Presenrlal honors that is now being played.

At the time the meeting of the Republican national committee Mr. Morton was a sub rosa candidate, no public announce ment having been made by him of his intention to enter the race for the nomination. It was at this time intimated to Joseph Manley of Maine and the other managers of Thomas B. Reed's interests that Governor Morton was a bona fide candidate and would so declare himself. They, however, refused absolutely to consider him.

In this light, but shrugged their shoulders and said thaff Piatt was for Reed and that they were not worrying about New York. That Mr. Reed himself believed this, to be the real inside condition of affairs was made evident by his kindly attention In the way of committee and sub committee appointments to the friends of ex Senator Piatt in congress. Suddenly into the middle of the Reed campaign dropped the Morton bocm. Its dull thud was heard by the friends of the speaker of the house from Maine to California and the ensuing disturbance has caused them to get together for 'hurried consultation and defense.

Mr. Manley and the other Reed managers came on to Washington yesterday and after talking the situation over with Mr. Reed, telegraphed for Senator Piatt to come on and consult with them. The ex senator yielded to their request and this Is the political mission that brought him to Washington to day. But Mr.

Reed and his friends are not happy over the Information that Mr. Piatt has given to them. They expected that he would reassure them by informing them that he was still at heart for Reed and certainly for him in case Morton could not be landed the winner. What he did tell them was that he had no second choice, that he was for Morton and that his friends were all for him, and that he believed the other candidates for the presidential nomination wxrald find him a hard man to beat Mr. Piatt returned to New York at an early hour this afternoon and with the exception of the partisans named who were not politicians, and one or two others, he saw no one else.

Congressman Fischer to day Introduced bills to remove the cfhaTge of desertion from the military record of William H. Battelle and Thomas Walker. Resolution for the Annexation of Hawaii Introduced in. the House. (By Associated Press.) Washington, January 8 The subject of the annexation of the Hawaiian islands was broached In the house to day by Mr.

Spalding (Rep.Miss.) in the form of a resolution. The resolution provided that the Sandwich Islands be. erected into a new state to be called the state of Hawaii, with a republican form of government, to be adopted by the people, through deputies in convention, with the consent of the existing government Conditions were imposed that questions of boundary or complications with other governments be transmitted to the President, to be laid before congress for its final action before January 1, 1898; that all property pertaining to the public defense be ceded to the United States, but the state retain all other property and the United States to be liable for none of its debts. Tho resolution proposes as an alternative that Hawaii may be admitted as a state by treaties between the two governments, with one representative in congress, and proposes an appropriation of $100,000 for making the treaties. The resolution was read by unanimous consent and referred to the committee on foreign affairs.

Mr. Henderson Ia.) stated that the committee on rules would not be able to report until to morrow and at 12:45 the house adjourned. Mr. Wolcott of Colorado, who has been absent in Europe for some mouths, was present in the senate to day and took the prescribed oath. Mr.

Hale, from the committee on naval affairs, reported back favorably a bill authorizing the secretary of the navy to increase the number of enlisted men in the navy. He directed attention to the importance of the bill and gave notice that he would call it up at an early day. Mr. Butler N. offered two amendments to the free coinage substitute for the houso bond bill.

The first prohibited the sale of interest bearing bonds without the express consent of congress and the second made it mandator) on the secretary of the treasury to redeem greenbacks and treasury notes in silver as long as the market price of 412Vi grains fsllver was lower than that of 29 grains of gold. At the conclusion of the morning hcur Mr. Sherman Ohio) moved that the senate adjourn. He explained that an early adjournment would facilitate the work of the senate (it being understood that the Republicans desired to hold a caucus). Mr.

Stewart Nev.) requested Mr. Sherman to withdraw hi motion in order to give him an opportunity to make some remarks on the financial question, butthe Ohio senator declined to yield. Accordingly, at 12:50, the senate adjourned until to morrow. The Republican caucus after a stormy session agreed to instruct the finance committee that the tariff bill be reported without amendment and passed in that form. BROOKLYN BURGLAR ABROAD.

Washington. D. January 8 Two men, giving their names as Henry Phelps of Chicago and George Williams of Brooklyn, attempted to enter the residence of tho British nmbassa dor last night through a back area door. They were discovered us they entered the errounds surrounding the house by two policemen, who watched and arrested them while attempting to pick the lock. Phelps had a loaded weapon and also had in his possession the most complete set of burglar tools ever seen here.

Phelps is 28 and Williams 20 years old. ELECTRICIAN COMMITS SUICIDE. Philadelphia, January 8 Joseph W. Fritze, aged 32 years, electrian for the Francis Wilson company, which is playing in this city, committed suicide while in bed at his boarding house this morning, by shooting himself through the heart with a big army revolver. Fritz's home was in Kansas City.

One of his sisters is said to bo the wife of James Flood, the Sar. Francisco millionaire. DESPERATE HIGHWAYMAN ESCAPES. Omaha. January 8 rat Ford, who was to have been taken to the penitentiary to serve a twenty years sentence, made a dash for liberty while bidding his mother good by last night and escaped.

Ho is only 20 years old, but has tho reputation of being a "dosperato crook. He was sent up as a highwayman. A GOOD CITY CONTRACT. Commissioner Whito to day opened eleven bids for cleaning the sewers and sewer basins during tho current year. Tho lowest bidder is Hugh S.

Blako. at 830,750. Tho highest is Richard O'Grady at $49,410. Eeported Terms of Settlement Demanded by President Kruger. WILLIAM WRITES TO THE CZAR.

The German Ambassador to Russia, Who Has Been at Berlin, Dispatched for St. Petersbure Count Von Halz feldt Wildenburg, the German Ambassador to Great Britain, Confers With Salisbury Dr. Jameson's Banishment Also Demanded. London, January 8 A despatch from Cape 8own this evening but dated January 7, Bays it is reported at Pretoria that the Transvaal government demands the banishment of Mr. Cecil Rhodes, ex premies of Cape Colony, and Dr.

Jameson from Africa, and that an enormous fine is also demande from the British Chartered company. It is supposed here that this may refer to the 500,000 ($2,500,000) indemnity which, according to a despatch from Berlin, the Transvaal government will demand of Great Britain. London, January A special dispatch received here this afternoon from Berlin says that Prince von Radolin, the German ambassador to St. Petersburg, who has been at the German capital, has returned to St. Petersburg, bearing a letter from Emperor William to the czar, dealing with the Transvaal question.

Count von Hatzfeldt Wildenburg, the German ambassador to Great Britain, had a conference with the Marquis of Salisbury this afternoon. A movement is on foot among a number of prominent Americans and English in thin city to bring about the formation of a permanent court of arbitration to settle all disputes between the two nations, as proposed by Justice Harlan in 1893. A dispatch received here from Krugersdorp, Transvaal, dated January 3, says that Dr. Jameson narrowly escaped being shot In the market place by the incensed Boers, and that he was saved by the commandant, who threatened to shoot the first man who raised a rifle. Warlike Preparations at British Dock Yards and Arsenals.

London, January 8 The gravity of the political crisis here is increasing instead of diminishing. The attitude of Emperor William toward Great Britain relative to the Transvaal seems to have been deUbe ate and long and carefully planned. The Transvaal Incident appears to have been only the pretext seized upon by the emperor in order, to enter the field as an active opponent of Great Britain's policy of aggrandizement in Africa and her little misunderstanding with King Prempeh of Ashanti, together with her support of warfare against Abyssinia are believed to have been the Irritating features which finally induced his majesty to show his hand. The British, in their turn, are incensed to a degree not witnessed since war with Russia was threatened some years ago. To make matters worse it is now reported that the Transvaal republic will demand an indemnity of 500,000 ($2,500,000) from Great Britain as one of the results of Dr.

Jameson's Invasion of the little Dutch republic. If this turns out to be the case no doubt will be entertained that Emperor William, in his recent interviews with Dr. W. J. Leyds, the secretary of state of the Transvaal, prompted this demand and may also have announced his intention of supporting it.

Under these circumstances and in view of the war preparations, by land and by sea, now being vigorously pushed by Great Britain, it is not astonishing that there was an ominous drop in consols which, as much as anything, is a clear indication that the grave state of polttical affairs Is not newspaper exaggeration. Dispatches from Berlin announce that Emperor William had an important conference this morning with Dr. Kayser, chief of the German colonial office, and that further dispatches have been exchanged between Berlin an Pretoria. Great Britain is evidently 'determined not to be caught unprepared for war. The report that orders have been sent to Portsmouth, Devonport and Chatham for the immediate commissioning of a flying squadron of warships is confirmed this afternoon and has caused a profound impression in all circles.

The flyiug squadron is ordered to be ready for sea by January 14, Tuesday next. It will consist of the following ships: Revenge, first class battleship, 14,150 tons; four 67 ton guns; ten inch quick firing guns; thirty six smaller rapid firing guns; nineteen Inches side armor; speed 17 knots. Royal Oak, first class battleship, 14,150 tons; four 67 ton guns: ten 6 inch quick firing guns; thirty six smaller rapid firing guns; eighteen inches of side armor; speed 17Vs knots. Gibraltar, first class steel cruiser, 7.700 tons; two 22 ton guns; eleven 6 inch quick firing guns; twenty four smaller quick firing guns; speed. 19 7 10 knots.

Theseus, first class steel cruiser, 7,350 tons; two 22 ton guns: ten 6 inch quick firing guns; twenty four smaller quick firing guns; speed, 20 knots. Cburybdis, second class steel cruiser, 4,360 tons; two inch quick firing guns; eight 4.7 quick firing guns; thirteen smaller quick firing guns: speed, 19 5 10 knots. Hermoine, second class steel cruiser, 4,360 tons; two 6 inch quick firing guns; eight 4.7 quick firing guirs; fifteen smaller quick firing guns; speed, 19 5 10 knots. In addition. Admiral Sir Frederick George Denham Bedford, In command of the Cape of Good Hope and West Africa station, has been ordered to proceed to Delagca bay, on beard the flagship St.

George, a first class steel cruiser, 7.700 tons, 222 ton guns, 10 inch quick firing guns, 24 smaller guns; speed 19 7 10 knots and he is now on his way there, accompanied with another cruiser with all possible speed. The German emperor, it appears, had planned to land a force of Germans at Delagca bay in order to assist the Boers against the British and only de sisted from so doing when he learned of Dr. Jameson's defeat and capture. This, it is claimed, is proof that his message to President Kruger, congratulating him upon his victory over the British and his majesty's reported announcement to Dr. W.

J. Ledys, the secretary of state of the Transvaal, that Germany refused to recognize any suzerainty over tlie Transvaal were well weighed moves and the result of a prearranged policy. Admiral Bedford has also been instructed to report immediately to the admiralty what additional ships are necessary to reinforce his squadron and they will be sent to him as promptly as possible. Beside these preparations, the greatest aotivlty is displayed at all the dockyards, making ready for a call for the commissioning of more ships as soon as needed and the naval reserve lists are being prepared In readiness for an emergncy. The military authorities no longer attempt to conceal the fact that they are actively preparing for tho possibility of war.

All the regiments of the British army (army reserve, volunteers, militia, etc.) have been ordered to make Immediate returns of their strength for mobilization; but as yet no fur Continued oa Page 4. city uun miner certain circumstances. Other i set the present excise situation, mayors did not smoke because they rarely, if Under the provisions Brooklyn would lose ever, used tobacco in that form. Mayor half of its excise revenue and the only person Boody, at long intervals, took a few putts i in Kings county who would benefit would be after office hours, but he always handled a I County Treasurer Taylor, whose bank ac cigar as if he were not over fond of It. count would be very materially increased.

COULD NOT PROVE HIS CASE. A colored man named Charles Wheeler. 23 years old, of 8 Minnetta street, New York, was a prisoner before Magistrate Flammer in Jefferson Market court. New York, this morning charged with felonious assault. John Parker, also colored, of 101 West Fourth street, said that Wheeler cut him with a knife on tho right cheek when he attempted to enter tho Minnetta street house to find his wife.

He did not liud his wife and reported the alleged assault to the Mercer street police station. Magistrate) Flammer discharged tho prisomir. FURMAN HELD FOR ASSAULT. James Furman, tho notorious colored criminal who has escaped several times from pris on, was nem ror tne action or the grand jury hv i HnlTnnn 5 T. mm.

court to day on a charge of assaulting George Schoberstoin a saloon parkway and Wyona street, on Decpmhitr 7 There was a party on the above night to which Furman had been invited. During the festivities a row started In which, li is al legcd, Furman cut Sdheberstoln with a knife, when the latter tried to interfere. EXPLODING LAMP CAUSED A FIRE. A slight fire caused by the explosion of a kcroBeno lamp occurred last evening in tho rooms of Mary McCloskey In the second flat at 44G Dean street. Tho building and furniture wore damaged to tho extent of $100..