The Brooklyn Daily Eagle from Brooklyn, New York • Page 8

THE BEOOKLYK DAILY EAGLE SUNDAY, TAKUABY 16, 1898. 8 CHARTER AMD HEW STREETS. PARTNERSHIP REAL ESTATE, NEW WATER POWER STARTED ERIE CANAL ENLARGEMENT, in every direction from a common mountain center, and the electric force which they can generate may be transmitted, even with existing conductive appliances to numerous industrial centers of the state, and doubtless in time, as I have before suggested, to all parts of our commonwealth. Profiting by the object lesson, taught by enterprising Dolgeville, the cities and towns that like a chain encircle the great Adirondack plateau, may all become manufacturing centers, thus placing New York still further in advance as the greatest industrial state in the Union. Plattsburg.

Malone, Potsdam, Vatertown, Iovville, ft lea. Little Falls, Amsterdam, Schenectady, Albany. Troy, Glens Falls. Whitehall and other towns will doubtless, each and all, feel the new life and impulse from the exploitation of this new factor in our political economy. The benefits to be derived from forest preservation, such as the conservation of moisture, climatic influences, sanitary benefits and future timber supply, have been the theme of many speeches and the thought of many people.

But now, with the birth of an electric ace. we mav jidd flip inrmmprnhlp heneflts to Mr. Woodruff's Speech of Congratulation at Dolgeville, N. Y. BIG ELECTRICAL ENTERPRISE.

Mew Works Will Prove a Valuable Addition to the Projected Plan of Running Power From Niagara Falls Through the Entire State Storage of Water From Adirondack Region Utilized for the New Enterprise. ever, and the purchasers from "the Calkins heirs, numbering between forty and fifty, the holders of mortgages upon these lots, and the lawyers who searched th titles, breathe freer. The Title Guarantee and Trust Company examined and insured a large number of these titles before the action of Darrow vs. Calkins was instituted. This company had considered the question at the time of examining the titles, and was willing to issue Its policies of insurance.

During last year eomo forty actions have been instituted by the Darrow children against the ctlfferent owners cf property Involved in this dispute. By this decision of the court the law of partnership has been thus summarized: The equitable conversion of real estate into personality Is effeoted by its purchase with partnership funds for partnership purposes, regardless of by what agency the land was purchased, or In what name it stands. That the title of the surviving partner is superior to the right of individual creditors of a deceased partner, and also to the rights of the latter's representatives and heirs. That the property of the partnership, whether real or personal, so far as the adjustment and liquidation of partnership affairs are concerned, remain personal estate, and it is upon such adjustment and liquidation that any remainder which exists, If It be real property, descends to the heirs, but 'that the rights and interest of the heirs In the real property owned by the firm do not attach until the adjustment of tbe accounts and that until such settlement the heirs at law have not the legal title, but merely a right, as against the surviving partner to an accounting of the partnership affairs to determine whether there exists any real property which may descend to the heirs. In writing the decision in the appellate branch of the Supreme Court, and whioh was sustained in the court of last resort, Judge Hatch says: "It does not follow because there was In fact real property which equitably belonged to the partnership, that upon an adjustment of the equities of the firm it would necessarily so remain and would be set apart as property which would descend to the heir." Dolgeville, X.

January 13 By the joint be derived from the mighty latent energy soon fcctlon of Governor Frank S. Black and Lieu to be evolved Into life and motion that great tenant Governor Timothv L. Woodruff there 1 motive power which, under the fostering in sv as started hero to day an immense new fluences of invention is destined to turn the wheels of industry, to operate railroads and water power electrical scheme, which will canals and by furnisiiing iight and warmth a great add.tiou to ihe projected plan t0 our homes, to increase our domestic happl running electrical power through the en ness, and thus make life better worth the liv tire state, with itae Niagara power as the i ing. rpk. i.

he, win hp YA have all listened to the music which has basts. The plan, ope.ied here to daj be euch a peaant feaure th(s occasion. the southern safety valve to that system. The harmonies that greeted our ears attest Late this afternoon Governor Black at the Detter than words the skill of the musician, cuse depression, canalizing the Mohawk lliver and making a continuously descending canal ail the way from Lake Erie to the Hudson. The barges used on such a canal could be constructed at a minimum cost, as hey would be exposed to no open water on the lakes, and the whole route would be so situaited that advantage could be taken of electrical towage, if this be ever developed Into an economical system.

It is believed that a proper sized lock for this barge canal would he one with a depth of 12 feet on miter sill, a width of 33 feet and length of 420 feet In tho clear, with intermediate gates. This length would suffice for two barges, each 200 feet long. It is not to bo understood that the size cf barges and barge canal mentioned la to he considered as definitely fixed. It is simply taken as a type of about the size which would be most economical and advantageous. There are business reasons which would indicate that a smaller unit than a 1,300 ton barge would be preferable, and others Chat a still greater enlargement would be desirable.

A careful balancing of all Interests would be required to fix upon the most advantageous size. The size fixed upon In this report is to be regarded as a first approximation thereto. The Erie Canal is being improved by the State of New York, so that when the water Is finally completed It will be passable by boats drawing 8 feet of water. One tier of the locks Is being lengthened, so that each lock will accommodate two boats each 115 feet long and of the present width. At four places Lockport.

Newark, Little Falls and Cohoes where there are several locks close together, it is intended to substitute for several locks of ordinary type mechanical lift locks of some form. At the present time boats draw 6 feet of water and at each uniengthened lock the fleet has to be broken up, each boat passed through separately and the whole combined into a fleet below the lock. AVith the locks lengthened, each double unit making up the fleet can be passed through at one lockage, thus saving much time, which will be materially augmented by the saving of time at the mechanical lifts to be substituted for flights of locks. The result of this improvement will be that boats of greatly increased capacity can pass through the canal in much less time than Is at present possible." The cost of transportation, under the different conditions, are shown in the report to be cheapest In case of an enlarged canal that would hold the 1,500 ton barges. The table is interesting and Is made on estimates derived from actual conditions.

The figures are based on the assumption that the canals will be used and business transacted on them in a thoroughly businesslike and broad gauge manner, which would require the abrogation of the very unwise and absurd restriction which New York now places on the canal by limiting its use to corporations with $50,000 or less capital. A corporation to do business in a proper and economical manner should have several fleets of canal boats, with its own terminal facilities and control of lines of lake steamers, and with the ability to give through bills of lading from the points of departure to any point along the canal. These objects are not at No Provision for Laying Assessments Under Present Lav BY THE OLD COMMISSIONERS, Former Street Opening Commissioners' Had Powers of Estimate and Tax Department Made the Assessments New Tax Department Cannot Assess for Street Openings Pending Proceedings, Therefore, Cannot Be Completed. Deputy Corporation Counsel Jenks has under consideration an important question whioh has developed in the matter of street openings in the Borough of Brooklyn. It Is like a majority of the law problems which ara being considered by all of Corporation Counsel Whalen's assistants just now; one which has developed from the provisions of the charter.

Under the old law, street opening commissioners were commissioners of estimate alone and the assessment function was carried out by the Board of Assessors. Under that system the commissioners would sit as a board of estimatae and after their part of the work was done the commission turned the affair over to the Board as Assessors, who assessed the land according to the benefits which would accrue from the street opening or widening. The new charter provides that the same commission shall both make the estimates and lay the assessments. More than that there is no provision in the charter for the department of assessment now in official existence to do this work. As the commissioners of street opening, of which there were nine boards with work atlll incomplete when the old city went out, have not the power to do this under the old law and the new assessors have not the pewer under the new law, It can he seen that there is a problem of some magnitude to unravel before the streets under consideration are legally opened or widened.

That this question must he decided and the matter cleared up before tbe streets are legally opened can readily be understood, for In the matter of real estate there can be no legal doubts of any kind. Unsettled legal questions cloud titles and clear title are absolutely necessary in real estate transactions, scores of which would be affected by tie action of these commisslois. When the old city became defunct ther were as has been stated nine streets upon which the work of estimate and assessment had not been completed. Four of theso streets were still in the hands of the commissions which had not as yet completed their work. These were the commissions to widen Third avenue, opening of Foster avenue in the Twenty ninth Ward, opening of Churcb avenue in the Twenty ninth Ward and the opening of Morgan avenue I the Eighteenth Ward.

The rerorts of two commissions are waiting confirmation, namely, on Blake avenue, and the opening of Gunther place. Three are in the Board of Assessors' office1 waiting the decision of the Corporation Counsel as to what action shall be taken relative to the necessary assessment reports as to these street openings. Tbey Include Elghty flfth street, from Fort Hamilton avenue to Seventh avenue; opening of Sixteen avenue, from West street to Eighty fourth street, and the opening of Park place, from Utica avenue to Rochester avenue. The commission on the widening of Third avenue has met since the new year and a number of the property owners who will be affected by the change were present in person, or represented by counsel. The widening of this avenue is to he made from Sixtieth street to Fort Hamilton, a distance of two miles.

The avenue is to be widened ten feet on each side, making iJhe street eighty, feet in width. Third avenue was originally laid cut by the property owners abutting, and was turned over to the Highway Com missloners cf the Village forty or fifty years ago. It was accepted by the town at Lhe Width of sixty feet. The present change will cut through 'several houses on the line of the avenue. The old residence of Fort Hamilton who did business in New York and Brooklyn, among them ex Congressman Tunis Bergen, were inconvenienced by the fact that the Brooklyn Heights Road from Hamilton Ferry originally did not go further than the old city line.

Several of them through petition got the road to extend its line to the Fort, giving a franchise for the avenue. Years ago Third avenue as one of the finest thoroughfares in the suburbs of the old city, being comparable with old Flatbush avenue in the beauty of Its trees and the scenery along the way. The march of improvement and the growth of the city have taken pretty nearly alll the old time 'beauty away from Third avenue now. AN IMPORTANT REALTY SALE Which Will Open Up a New Section off the City. Vennette F.

Pelletreau, real estate broker of 186 Remsen street, yesterday completed a transaction that will mean the opening up of a new section of the city by a builder who has already left the mark of his craft in many directions. This sale was of the block bounded by Park and Sterling places, Kingston and Albany avenues, and the consideration waa $94,000, Mr. Pelletreau selling for E. Q. Potter" to Edward' Stewart Betts, the builder, whosa office is corner of Fulton street and Nostrand avenue.

Mr. Betts has plans under way for tbe erection of forty two three story browtt stone front houses on the property, to cost about $8,000 each, and a mortgage has been negotiated on the operation for $24,000. This property was for nearly thirty yean, owned by Edward Todd who refused man' offers to sell, but finally a few months ago Mr. Pelletreau negotiated a trade between Mr. Todd and E.

G. Potter, whereby the latter secured the property in exchange for flfteea houses in several parts of the city. Mr. Pot ter secured several gores which completed tha square of the block In his name and cut two streets through from Park place to Sterling place, naming them Virginia and Hampton places, and had them asphalted after layins the proper street connections. This divided the block so that there were fifty six full city lots, and on three of these street fronts Mr.

Betts Intends to build. These block fronts ar about 256 feet long, and the erection of tha: class of houses, contemplated by Mr. Betts, means the beginning of a new and desirabla development for that part of the city. RECEPTION TO MRS. W.

H. EARL. A reception was tendered to Mrs. W. H.

Earl, on Friday evning last, at her resi, dence, 426 Gates avenue. The parlors wera decorated with elaborate floral During the evening singing, music, dancing alternated with remarks by W. H. Eafi Captain S. Thompson, E.

Grenzback of New burgh, N. Y. After a solo by Miss Nettle Fransecky, Master Schurck gave a number songs and recitaiions. Miss L. Fransecky, it'je favorite contrako of Boston, gave number of selections.

Among the many guest were the following: Mr. and Mrs. W. H. Earl, Miss P.

Ponson. T. Branagan, Mr. and Mrs. JHoran, lira.

Van Noa trand. Miss X. Fransecky, Miss Blanche Earl, p. Carman. B.

Grenzback, Mlsa L. Fransecky, Miss G. Letell. Miss V. Letell.

Miss Farrell, Mr. iirlA Mrs. S. Nolan. Mist G.

Branagan, Mr. WatU, Misa Farrell, R. G. Schuok, Miss F. Penson.

Mt. K. Sohuck. T. Branacan, Mr.

Hullmond. Cho.rla K. Auston, Mr. 'Hartshorn. SEALSKIN GARMENT CUSTOMS.

Collector of tho Port Bidwell, who has been in Washington, D. was at the custom houso yeBterday and aB eviftonco that his efforts to bring about a more liberal interpretation of tho regulations regarding registration of sealskin garments were not unsuccessful is shown in the following extract from the public circular, issued by Assistant Secretary W. D. Howell of tho Treasury Department: "Sealskin gar uiedts in possession of passengers, which were owued by them before the passage of said act, will be admitted upon presentation of evidence of such ownership, satisfactory to tho collector at tho port of arrival. Any article held under seizure contrary to this rule mav be immediately." Important Decision in the Suit of Danw vs.

Calkins. HISTORY OF A FAMOUS CASE. Justice Andrews' Last Opinion Title to the Calkins Property Affirmed Contested by Children of a Deceased Partner First Definite Decision Upon a Doubtful Question of Partnership Law. A Long Litigation. In no branch of the law of partnership has there been greater conflict between tho English and American decisions than with regard to the status of partnership lands, particularly as to the respective rights of the heirs at law and the personal representatives of a deceased partner on the dissolution of the firm and the winding up of Its affairs.

The subject Is one of much practical importance, in view of the large increase in partnership holdings of real property that has attended the development of the country. It Is obviously necessary that the view of the law as to the possession of the legal title to such property and as to the rules governing Its final disposition should be clearly set forth. The American courts, while generally disagreeing with the English rule, have treated the subject tentatively, and dicta are more common than In New York during the eighty years in which the subject has appeared in our courts, the theory of the decisions has undergone a continuous modification, from a very restricted and clearly awkward common law attitude toward a. liberal mercantile doctrine, in accord with mercantile custom and convenience, and with modern partnership law. In view of this century long transition, lawyers note with particular satisfaction the striking definitive decision of the New York Court of Appeals, written by Judge Andrews as one of the last acts of his career on the 'bench, and which was concurred in by his associates, in the case of Darrow vs.

Calkins, which in one form or another had been before the courts for several years. This decision marks an Important advance in the emancipation of partnership lands from common law notions, and greatly modifies the result of the early decisions of the courts on this subject. The history of this celebrated case of Darrow vs. Calkins is very interesting. Prior to the year 1850 Daniel O.

Calkins and Edwin P. Darrow formed a partnership for the manufacture and selling of umbrellas. Their business prospered and their stores in John street, New York, and their reputation were very well known to an earlier generation. As their business grew it was their custom to invest their profits In the purchase of real estate, chiefly in the suburbs of New York and Brooklyn, and to wait a greater return from the increase in value due to the growth of the two cities. In this manner in November, 1850, they purchased from James Carson Brevoort and Elizabeth Dorothea, his wife, for $750 a tract of land comprising the greater portion of the block in the present Twenty fourth Ward of Brooklyn bounded by Rogers and Nostrand avenues.

Dean and Bergen streets, and through which ran the old Clove road. Other purchases made by this firm in Brooklyn was a parcel of land on Gates avenue, other pieces on Rogers, Vanderbilt and Atlantic avenues and a plot at the corner of Flatbush avenue and Livingston street. About one hundred acres of land in Michigan was also added to the 11st For business reasons in 1861 Darrow conveyed to Calkins all the real estate held by the firm, and Calkins was to sell this property and to pay over to Darrow and his heirs such part3 as should at the closing of the partner ship business be due to Darrow or his heirs. Darrow died in 1864, leaving a widow and two Infant children under 11 years of age. Appar ently during all these years the two families were upon very friendly terms and their business and social, relations were very pleasant, some of the children even being named for the members of the firm.

Darrow's death made a settlement of tbe partnership necessary and In 1867 Mrs. Darrow, who was the administratrix of her husband, brought an action for an accounting and for the winding up of the partnership. This action was friendly in its nature. No question was in dispute, but Darrow's death rendered an accounting and settlement necessary. Originally Mrs.

Darrow as administratrix and Calkins were the only parties to tbeso proceedings, but subsequently the proceedings were amended and the infant children of Darrow were made parties. All the assets of the firm, including the real estate, were considered, and a division was determined by the court by which Calkins was to pay $14,000 to the Darrow estate and retain the real estate as his share of the partnership property. TThe $14,000 was duly paid by Calkins, and all the adult parties were satisfied witb the result and considered the matter settled. At that time the real estate owned by the firm was worth much less than the sum paid to the Darrow estate. Calkins sold a portion of this property during his life time.

He died in 1887, leaving a widow and two children. After his death the value of the property increased owing to tbe growth of the city and his widow and children disposed of the greater portion at good prices. The titles to these portions were repeatedly approved and passed by real estate lawyers. Expensive houses were erected and mortgages amoumtlng to quite a large sum were made by savings hanks, trust companies and individuals. Calkins' children in 1893 sold tbe last lot remaining in their possession.

The lawyer employed by the purchaser to examine this title discovered that a savings bank held a mortgage upon an adjoining lot. He obtained permission from the attorneys of this bank to examine the abstract of title in their possession. After examining this abstract, which set forth very fully and accurately the history of the title, and after examining the records In the register's and county clerk's offices, It was claimed by the lawyer for the purchaser that the title was defective. His theory was that at the death of Darrow in 1864 his two children became the owners of one half of this property; that they were net legally made parties defendant in the proceedings for the firm accounting had in 1867, and that sufficient time had not elapsed since they became of age to deprive them of their Tbe Calkins children, on being informed of these objections to the title, simply said, "We know that the title is good, but if you so desire we will cancel the contract." A few months later the two children of Darrow brought suit against the two children of Calkins for the recovery of an undivided one half of this last lot. On the trial of this action the question presented to the court was that, admitting the children of Darrow succeeded to his interest upon his death, yet they had lost their rights because they had not begun their action within the time allotted in statute of limitations, and that the lapse of time prevented any recovery.

The court reached the conclusion that their rights were not barred by lapse of time and decided in favor of the Darrow children. In the meantime the Darrow children brought an action for partition against Clarence L. Sammis, who had purchased a lot from the Calkins children. In the action the Darrows claimed one half of the property. Sammis employed Harmanus B.

Hubbard of Hubbard Rushmore to protect his interest. On the trial of Darrow vs. Sammis it was shown to the court that the real estate was partnership property, having been purchased with partnership funds and having been carried as a partnership asset down to the time of the accounting and settlement of the partnership in 18G7, and that as Darrow never had any individual interest, and as on the accounting the real estate was given to Calkins, the children of Darrow therefore never had any Interest in the property, and it made no difference whether or no they were legally made parties defendant in the proceedings of 1867, and that the statute of limitations had no bearing upon the case. After this decision a motion for a new trial was made In the action of Darrow vs. Calkins by the defendants.

The appellate division of the Supreme Court for the Second Department, in June, 1896, by Judge Hatch, decided unanimously chat the Darrow children had no shadow cf right or title in the property (6 App. Dlv. 28). Last month the Court of Appeals rendered its decision sustaining the appellate division and giving judgment abso lute against the Darrow children. This question of title le thus settled for A Report on the Subject of Federal Control.

WHAT AN EXPERT PROPOSES. Major Symons Does Not Believe in the Building of a Ship Canal Through the State of New York, but Believes in Developing the Capacity of the Present Waterway Features of His Re oort. An interesting report on the general subject of a possible ship canal through the State of New York and incidentally discussing the possibilities of the Erie Canal has been prepared by Major Thomas W. Symons, corps of engineers, U. S.

A. Major Symons' views are timely now that the public interest is aroused over the hold up in the work of enlarging the Erie Canal and the probability that the question of spending many additional millions on this work will be again referred to the vote of the people. Many of the leading men and journals of the country have expressed the opinion that the Erie Canal should be turned over to the general government. In this way the expense of maintenance could be thrown upon the people at large and it is held that this would be justifiable, as the benefits derived from the canal are not confined to citizens of this state alone, but are equally shared by those of other states. In this position Major Symons concurs and in his report he states that the enlargement of the Erie Canal is worthy of being undertaken by the general government, as the benefits to be derived would be properly commensurate with the cost.

As to the general proposition that a ship canal, wholly within the United States, from the great lakes to the navigable waters of die Hudson River, and of a sufficient capacity to transport the tonnage of the" lakes to the sea, be built, Major Symons is opposed. He has gone most extensively into the subject and his conclusion is that the enlargement of the Erie Canal would not only be much cheaper, but would offer all the accommodations that would be needed to transport the tonnage (freight) of the lakes. The practicability of building a ship canal Is admitted and three possible routes are pointed out. The first mentioned route extends from Lake Erie to Lake Ontario by canal and tihe Niagara River; thence through Lake Ontario to Oswego; thence up the Oswego and Oneida rivers toOneidaLakeand through Oneida Lake; thence across the divide to the Mohawk River and down said river to the Hudson at Troy. This is designated as the Oswego route.

The second route follows the line of the Erie Canal from Lake Erie and the Niagara River through to the Hudson. This is designated as the Erie Canal route. The third route coincides with the first from Lake Erie to Lake Ontario, running thence through Lake Ontario to the St. Lawrence River, and down said river to some point near Ogdensburg; thence crossing the state of New York to Lake Champlain and up said lake to its head, and thence following in general the route of the Champlain Canal to the Hudson at Troy. The relative merits of these routes are discussed in the report, and it is the opinion of the officer that the best route for the conftiBpUaecl 'ship canal is the Oswego route; thadofjailtf lsuch a canal from the great lakes to the ocean by any of the possible routes mentioned would at a rough estimate cost that to maintain the canal and to keep It and all its structures in repair would cost at a rough estimate $2,000,000 per year, and that such a canal, If constructed, would have no military value.

In his opinion the construction of such canal is not a project worthy of being undertaken by the general government, as the benefits to be derived therefrom would not be properly commensurate with the cost. Mayor Symons is also of opinion that the Erie Canal, when enlarged under existing plans of the State of New York, will, if all restrictions imposed by the state upon its use be removed, give commercial advantages practically equal to those that would be given by a ship canal, and that if It be further improved by enlargement to a size sufficient for 1,500 ton barges, in the manner suggested by him, such improved canal would enable freight to be transported between the East and the West at a lower rate than by a ship canal navigated by the large lake or ocean vessels. This enlargement of the Erie Canal he considers a project worthy of being undertaken by the general government, as the benefits to be derived would be properly commensurate with the cost, which is estimated to be approximataely one fourth that of a ship canal. The cost of the necessary surveys for a ship canal along the Oswego route is estimatead at An independent survey for the enlargement of the Erie Canal as proposed would cost $123,000. A combined survey to cover the two projects would cost $250,000.

Such surveys must precede the preparation cf detailed plans and estimates of cost of improvement. In discussing the proposition to enlarge the Erie Canal the report savs: "There is no question in my mind that any canal built by the United States between the East and the West should have its eastern terminus at a great American commercial seaport, and the only such port avail able and worthy of consideration is New York City. There already exists a canal connecting the Hudson River with the lakes, which as a long artificial waterway of small size is in Us importance without a peer In the world. I refer to ttie Erie Canal, which is 3o2 miles long between Buffalo and Albany. This route is not available, and is not the best for a ship canal of large size, but I believe It to bo the best available route for a large barge canal, and It is believed that the proposition to enlarge it into such a large barge canal should bo seriously considered before the construction of a ship canal by another route Is undertaken.

My investigations have convinced me that such a canal navigated by barges will furnish a cheaper means of transportation between the East and West than would a stoip canal navigated by large vessels, and its cost would be vastly less. I am fully convinced that if a ship canal is built the great bulk of the business upon It will be done in towed barges and not in large lake or ocean vessels. "The governing size the Erie Canal between New York and Albany Is: Bottom width, 52 feet; surface width, 70 feet; depth, 7 feet. From Rochester to Buffalo the canal increases in size. At Lockport it has a surface width of 100 feet and bottom width of 79 feet.

Above Lockport tbe canal passes through a heavy rock cutting with a rectangular prism 02 feet wide and about 9 feet deep. To the westward of this for twelve miles it occupies Tonawanda Creek, with a surface width cf about 200 feet. Thence to Buffalo the width is from SO to DO feet at the surface and from 60 to 72 feet at the bottom. The entire canal is being deepened to 9 feet under the scheme of improvement now being carried out. To enlarge this canal to a sufficient depth to accommodate barges of 1,500 tons capacity at fair canal rates of speed will require a cross i section.

it IS assumed mat xne uaiKra on fct rtraft nt foet. and tho canal must be large enough for the boats to meet and pass freely, and that a depth of 2 feet of water under the boat is provided. Such a canal to have a cross section four times the immersed section of the boat, and allow ing side slopes of 1 on 1, would have the following size: Depth, 12 feet; bottom width, 82 feet; width at keel depth of 10 feet, 8S feet, and width at water surface, 118 feet. Whero slope or rock walls are substituted for the slopes, the canal, In order to have the same area of waterway, should have an average width of 100 feet. This canal with its side slopes would have a prism cross sectional area of 1.208 square feet, or four times the submerged area of a fully loaded boat, and a surface width of three and nine tenths times the width of the boat.

By substituting side walls for side slopes the cross section could be increased to five times tho Immersed section of the boat, and this should be done wherever practicable. For short distances wherever necessary. In passing through cities or in aqueducts, the width shown could be reduced, and in certain instances where bends are necessary the width might have to be somewhat increased. There are considerable portions of the Erie Canal which, by simply deepening, would accommodate the barges and traffic mentioned, and as a general thing, the right of way for the Erie Canal, owned by the State of N'ew York, would be sufficient for the suggested canal. "The preferable route for such a canal would be to follow that outlined by State En gineer Sweet, cutting oait the Syra Dut to me tne sweetest souna to aay was mat of the mill wheel as it started on its round of life and motion.

In all the sweetest strains of art there is no music like the. song of the wheel. What am the words and what does it sing? It sings the song of industry; it sings the praise of patient, honest labor. It sings of a land bright with the Dlessings of peace, prosperity and plenty. sings of contented homes and all the benign Influences that eni anato from their happy firesides.

Long may ns sound be heard among the hills and vai leys of the la.nd we love. BROOKLYN GIRL FROM PARIS. Miss Redpath Doesn't Speak French, but Gets Along Admirably, Nevertheless. A girl from Paris, with a very French shrug and a Gallic accent, who does not speak French, is not to be found every day. Brooklyn people, however, who have sat in the Montauk Theater during the past week have been listening to and watching such a young person at every performance.

She is Miss Olive Redpath, who can lay claim enough to this borough to call herself a Brooklyn girl. Miss Redpath was not born In Brooklyn, but she lived here during nearly all of that period in her early stage experience when she was billed as "The Little Electric Magnet, Ollle Redpath." She has dropped the title now and doesn't spell her name Ollle any more. Nevertheless, she is not very different from the little girl who used to dart around the stage here eight or ten years ago In "Pert." She is certainly not much bigger, but then it does not require a very big girl to play Mademoiselle Julie Bon Bon of Paree. The principal requirements are vivacity, nimble ness and a Frenchy manner. These Miss Red path has in abundance.

The French frills have come by downright hard work. "I wish I understood French," said Miss Redpath at the theater the other day. "It would be a great help to me. But I have been told that my accent is remarkable, and I get along very vell with the few French lines I have. I have had a good deal of experience playing French maids, you see." Miss Redpath was alluding to her lost season, when she played in a Denver stock company and appeared as a variety of French maids in such plays at "A Social Highwayman," "Tho Gray Mare," "Champagne and Oysters" and "In Spite of All." "I baven't played in Brooklyn for two years until now," sfce said.

"Then I was here with "The Strange Adventures of Miss But I know Brooklyn audiences very well. When I was a little girl I played here in I never shall forget what happened to me at a benefit at the Academy one night. We were playing to help the flood sufferers at Johnstown and I had the part of a little ragamuffin. I ran off the stage plump ito a big policeman, who pushed me hack very roughly. I was frightened and tried to dodge under his arm, but he grabbed me and pushed me out on the stage again.

Then I found that Mr. Berger wanted t.o give me a medal." Miss Redpath did not have very much experience in ttie musical comedy line before she became Julie Bon Bon, altbough she has appeared in a few productions, such as Eddie Foy's "Robinson Crusoe." When it was suggested that her Julie Bon Ben Is probably more acceptable to a Brooklyn audience than that of Clara Lip man's would have been Miss Redpath raised her eyebrows in surprise. "I've seen Miss Lipman play it," she said, "and I liked tier very much indeed. It's a nice part, but you can't play It unless you are feeling tip top. I have left the stage two or three times this week feeling dissatisfied with myself, and all because of a pair of patent leather shoes.

I have a new pair that are made with tips. The tips have raised blisters across the tops of my toes on both feet, and it isn't very easy to laugh and dance wfeen your feet hurt you. Miss Redpath has played Julie Bon Bon since November. Nobody who ever saw Pert take a running jump and land on top of a barrel in a stage grocery store can fail to be reminded cf the youngster who used play that part when he sees Miss Red path, in very similar fashion, acquire a seat on a table in the first act of "The Girl From Paris." It is ttie same girl unmistakably, whieb bears out the assertion that Miss Red path has not changed very much after all. TALLEYRAND'S REAL PURPOSE Mr.

Silliman Corrects a Mistake of Mr. Ward's. To the Editor of the Eagle: Mr. Silliman has sent me the inclosed note, which corrects what was a mistake in my address, published in the Eagle of last evening. Will vou kindly do him and myself the favor to publish it.

FREDERIC A. WARD. Brooklyn, January 15, 1898. New York. January 14, 1S98.

My dear Mr. Ward I have read with (meat in tc rewt, in tho Baffle of this evenl ng, your speech a't the Hamilton OKib. I iltd not urtJT.anl tliait Talleyrand's taking wit'h Iiim the Hkemvss of Hamilton was objects mm 'hi 1mt Ovat 'It indicated Ms love and ad mirta rWn for the original, and w. ia e.ocruiscil In by 'his host, v3kj was iiresentt. The likeness ms in as 1 underitian! It.

thus borrowwi by T.ill( yritmd. and lm by Mr. Ttnm'llton, for an uXiRite 'tinw. Tlw rejxjRses sion ol It by Mr. xanlr Haml Iron (alluil rc in bis letter wftioh you 'have), was in accordance, no doubt, wirh this underst amllng.

All 'th'ts Is of no consequence, perhaps, but if. tu? I supjx it 'ro 'be, It is trui v3r5 ioi. it la. I know, that wMc'h you wvruld wish to exprvs. iBvw yours, B.

D. Frederic A. THEY FAVOR QUIGG. Republicans Caucus for County Officers for 1898. i ihr Ronnblicin AkbpttiIiIv Din A meeting of tho Kepuoiican Assembly via trict lenders was held yesterday afternoon at 1 Madison avenue, Manhattan.

Tho object of the meeting or caucus waa to settle upon a ticket for the oflicers of the eountv committee for 180H. After the meeting it was announced that those prenent had decided, as individuals, to support all tbe officers of the old committee, including President Quigg and Kecretnry Manchester, for re election. Tho new committee will hold its first meeting next Thursday night at tho United Charities Building. MR. TABLE PORTER SURPRISED.

A stag surprise supper was tendered on Friday evening to a well known citizen of tho Twenty eighth Ward, Morris Tahleporter, at his residence, 11 Woodbine street. An enjoyable evening was spent. Mr. Mullen recited "The Pack of Cards;" Messrs, Dunkle'y and Hazel ton and Dr. Campbell entertained with music and songs.

A collation was served and each guest ivas later called upon Tor a few remarks. A smoke and story telling then followed. Among those present were: Drs. LiC fTertH A. McClelland.

Ha.rvey C. Grover, Sidney H. Oardlm William F. Campbell, Parrott, and Arthur P. Emnkley, Harry Haaelton, Mullen.

Hobert B. Cbarl ea P. Tlckell. Henry M. Tableporter, Charles Allen, Clifford C.

Reed. Harry Thompwi Regrets were received from Congressman Charges G. Bennett, Assemblyman Edward Brenner, Dr. Robert Holley and Professor E. M.

Elwood. executive cCiamber in Albany toucnea me i telephone button and after expressing over the wire his regrets for his to be present, coupled with a few words of congratulation, he formally declared the great power Opened. The water was let into the great power tanks and the dynamos began to turn while Lieutenant Governor Woodruff made the speech of congratulation. The entire power ls from the storage of water in tne Adirondack region. Mr.

AVoodruff sa; Your invitation to participate in the celebration incident to the completion of this great power producing structure, by which vast industries now in existence are to be benefited, and new ones created, came at a time when it required something more than a desire to render an olilcial courtesy to induce me to lay auide for a day my duties at the capitol. I ccme to you, not entirely In a public capacity, but ai a manufacturer with business interests of a character similar to yours. One of the manufacturing plants in which I am interested is operated fcy water power created by the largest dam in tho surte," the supply for which, like that of your dam, pouns out of the forests of the Adirondack Mountains. Only a few years ago our people were Startled by the announcement that the power ct Niagara Falls was to be transmitted by electricity to the City of Buffalo. Almost afore the sensation caused by the thought of such a possibility had abated Niagara was In chains, and her power infused into the arteries oi a ci ty which, to day, is the second city of our state.

Below the dam at BlechanicsTiile, to which I have referred, a dam has just been completed across the Hud pon River for the purpose of transmitting electric power to operate the works of the General Electric Company at Schenectady. And now comes Dolgeville, utilizing the rapid water of 'the Auskeraga, the erstwhile East Canada Creek, to operate not enly Its own loams and spindles, but also the lcoms and spindles of Little Falls, and perhaps even the street cans of Utica. May it not he that the closing years of the nineteenth century have seen only the first steps in the application ow electric power, and that the recent great water po'Wer developments, to which I have referred, are hut the precursers of others Which will operate the manufactories of the Empire State, and even, per ihaps, the surface, elevated and underground railways of the imperial city at the mouth of ifche Hudson. To day the electrical power used in the (Commerce of most of our cities is generated at a large expense for fuel. It is apparent Just as soon as the inventive genius of the American people has solved the problem of conducting electricity long distances without serious loss, we may expect to save the ipost of the present methods of generation by the substitution therefor of the abundant water power which has been allowed to flow past tis without a realization of its usefulness.

Not many years ago, even within my own Recollection, there was a common belief that the end of the world would be coincident with the exhaustion of the supply of wood and coal, and the date was confidently computed. Mother Nature, in the plentitude of her bounty, meets each new want with new resources. The evolution of natural forces must, however, be supplemented by the operations of mankind; and, therefore, it behooves those Who are devoted to the welfare of a great commonwealth like ours to be ever alert to profit by the benefits which nature has bestowed. While the enterprising people of Dolgeville have been developing the forces with which they are surrounded, the officials of the state have not been unmindful of their obligations. The Forest Preserve Board, erected last winter by law.

pursuant to the recommendations of the Governor, has, to an extent with which you are possibly not familiar, protected the natural forest reservoirs from whioh this river of yours derives its Volume and its strength. This Forest Preserve Board, of which 1 have the honor to be the president, has acquired, in the Oxbow tract and the Lawrence patent, nearly all the watershed of the Auskeraga River (East Canada Creek), and we hope to secure the remainder as soon as the next appropriation, which we confidently expect will be made by the present Legislature, Is available. By these purchases of forest lands, embracing the headwaters of this stream, its equable flow has been established and preserved for all time. The continued denudation of the wooded Elopes, about Its source, would, in time, it allowed to continue, reduce its volume and render its power valueless. The people, of the state are coming more and more to realize the necessity of preserving unimpaired the storage capacity of the forests that deliver the water to these streams.

Not only great industries, but the navigation of our canals are to some extent dependent upon this supply. Now that the transmission of electric force to distant points has become an established fact, we must remember that the water of this stream will not only run a street car in t'tlca and tattle Falls, but it will also propel a. boat on the Erie Canal. Indeed, the power of the Canada creeks may be extended westward to meet that generated by the Genesee River at Rochester, when it in turn has been united with the power furnished by Niagara. Speaking of the two Canada creeks.

I presume theTe may be some in this audience who are not familiar with the romantic and some i what humorous story of the acquisition of the 90,000 acres lying between East and West Canada creeks from the Mohawk Indians. The story goes that King Hendrick of the Mohawks and Sir William Johnson, colonial agent of the crown, were on very friendly terms. The old sachem, while on a visit to the baronial mansion, noticed a new coat, richly emhroidered with gold lace, which Sir William intended for his own person. The chief was deeply enamored of the coat and announced to the baronet that, in the night just passed he had dreamed that Sir William had made him a present of the garment. These Indians believed that dreams were an Inspiration from the Great Spirit and therefore such announcement as that made by Chief Hendrick was equivalent to a demand that couid only be satisfied by the gift of the coveted garment.

The quick wltted Irish baronet, well versed in Indian traditions and customs, knowing tliif. at once cheerfully handed over the coat to tho chief. Soon after Sir William returned the visit of his guest and, on greeting his Indian host one morning, announced that he. too. had had a dream.

The chief naturally asked him I about it and he replied that he had dreamed that the land between the Canada creeks was all his own. It took all the stoicism of Indian nature to enable the old chief to retain any outward composure at the audacity and momentous character of the proposition thus forced upon him. But, true to tho traditions of bis race, which required prompt requital for favors as well as injuries, the sachem, after a moment of deep thought, told Sir William that tho iand was his and thnti added significant. 'JJut, i.nam, we won't dream any more." The efforts of our board to prevent further destruction of the forests have not been confined, of course, to the water sheds of the Mohawk and its tributaries. The strong, protecting arm of the state has been extended over our entire northern area, so that the great rivers which rise in the shaded eecluslon of those mountain slopes may be preserved with an undiminished flow.

The comtnned power ci those rivers is undoubtedly greater than tho power of the falls of flagara. Moreover, these streams radiate CARD FROM MR. HORNBLOWER. A Clear Statement of His Views on Consolidation and Cognate Matters. To the Editor of the Brooklyn Eagle: I value your good opinion too highly not to enter a word of protest against your criticisms in your editorial columns on the 12th of my after dinner remarks at the Hamilton Ciuh on Tuesday evening last.

You represent me as indulging in "lamentations" over the fact of consolidation instead of accepting the facts and looking toward the future hopefully. I must have been singularly infelicitous in my expressions of my ideas If I conveyed any such Impression. The keynote of my remarks was the character of Hamilton, who disapproved of the federal constitution as framed by the convention, but, nevertheless, instead of sulking in his tent, labored most val'iamtly for its adoption by the people as the best thing attainable. Turning to your own report of my remarks, as contained in the news columns, you will find that I used the language: "But in the spirit of Hamilton, let us not lament because things are not as we would have them, hut bend our energies to making the most and the best of the situation. I trust thait you of the Borough of Brooklyn will still continue as of old to preserve the spirit of pride In your community, dhough no longer a city by yourself." The same idea was repeated In two or three other forms In the course of my remarks and especially in the concluding paragraph.

I certainly Intended to do what you very properly say I ought to have done, namely: To contribute rather "to hope than to gloom, to effort than to apathy, to the morrow tihan to the past and to the next duty than to the last regret." As to the suggestion that we of the Borough of Manhattan did net move against consolidation "when consolidation was a debatable and defeatable proposition," I piead not gunty to this charge, eo far as personally I am concerned, for I have opposed the whole scheme from the beginning, in public and in private, in general and in detail. I voted against the proposition and did what I could to induce others to vote against it. Unfortunately, however, the question was submit tea to tne people at a time when we on Manhattan Island were engaged in a fiorue municipal contest between Tammany Hail and the anti Tammany forces, and it was impossible to arouse any public interest in this question. I have always urged that consolidation would be an injury to Manhattan pecuniarly and to Brooklyn politically. You state that consolidation is irrevocable and "cannot be undone." I suDDoae it is practically impossible to repeal the consolidation act, although there is, of course, no legal difficulty in the way, if public sentiment could be sufficiently aroused to demand it.

It is possible, however, to change the features of the charter so as to restore to the boroughs some degree of their former autonomy; the more the better, in my judgment. I think It is very desirable that the power of the Municipal Assembly be restricted and larger powers delegated to the governing bodies of the several boroughs. In this way, local civic pride can be maintained and fostered and better government, in my judgment, be obtained for the several parts of this great city, as well as for the city itself. I believe with you in accepting the situation and making the best of it, but I think we can improve the situation by changes in the line I have indicated. It is true, as a general proposition, that what has been done cannot be undone, and it was for this reason that I called attention to the dangers attending annexation and expansion and particularly directed attention to the proposed annexation of Hawaii, a step which will of necessity be irrevocable.

Any pretense now made that we can give up Hawaii after once taking it under our possession and under our flag is absurd. National pride would never permit the abandonment of Hawaii after it once became part of our soil, yet we are asked to rush ahead and annex an Island thousands of miles away from our shores and inhabited by a conglomeration of races utterly unfit for American citizen ship and without the slightest plan proposed for the government of the annexed territory. Wo should either have to govern the Island as a Roman pro consulate was governed, with all the attendant dangers of that form of government, or we should be obliged to give it the same rights as other American communities and thereby introduce an absolutely unfit member of our constituency, which would, before long, be clamoring for admission to the sisterhood of states and which would undoubtedly, through the aid of designing politicians, obtain admittance. My remarks on consolidation and annexation had, therefore, a double aspect; one looking toward the past and one looking toward the future; hence I think I was justified in expressing my views as to the consolidation of the Greater New York as bearing upon the question of the proposed enlargement of the national domain. WILLIAM B.

HORNBLOWER. New York, January 15, 1898. BESIDE THE SAME OLD BRIAR BUSH. "Hoot mon!" "Come off! I've hooted until I'm hoarse, and now I'm going home." Brooklyn Life. CLIFFORD TO HANG.

Jersey City, N. January 15 The Court of Pardons to day unanimously declined to interfere with the death penalty passed on former Detective Edward Clifford for the murder of Superintendent Wattson of tho West Shore road. Clifford will bo hanged on February 16. A potition siguod by 6,000 names and another signed bv eleven of tho jurymen who convicted Clifford had been presented to the Board of Pardons aakiug that his sentence be commuted. tainable with a capital of $50,000.

The effect of this restriction Is to seriously handicap business on the canal, and if it is to remain In effective force the money which New York is expending on the canal may be practically regarded as wasted. An effort was made to have this foolish law annulled during the last session of the New York Legislature, but without success. The figures given are also based upon the continuous operation of the vessels, boats or barges during a season of navigation. As a matter of fact, such continuous operation cannot be expected. Business will surely slacken up at times and cargoes will be difficult to obtain, and accidents will happen, and the vessels or boats will have to be idle for periods of varying length.

During such periods of delay and enforced idleness certain items of expense, such as interest on cost, insurance, deterioration, wages and subsistence of crew would run right along, and these expenses would be much greater In the case of the big vessel than in the case of canal boats or barges. A knowledge of the business conditions affecting navigation will show that this is really an important Item which materially swells the advantages of the smaller craft over the large vessels. There Is another advantage which the Erie Canal or the suggested barge canal might have over the ship canal, and this refers to the possible development of cheap electrical towage. Many men are studying the problem, and it is quite within the range of possibility that cheaply generated electricity may furnish the motive power along the canal in the not far distant future. If this should ever be attained, the advantages of the smaller canals over the ship canal would be increased.

A NOTE OF WARNING. Mrs. Bernard Peters Puts a Thoughtful Question as to Woman's Club Life. Dr. Charles E.

West of Pi errepont street, Mrs. Bernard Peters and other Brooklynites were on the list of speakers at Rutgers' alumnae annual luncheon programme at the Waldorf Astoria yesterday. A number of local women are officers and members of Rutgers Alumnae, also Dr. West, who was first president of this college for women. The luncheon was served in one of the Waldorf's handsome parlors.

The floral decorations were beautiful. Mrs. Vanderpoel, president of the alumnae, introduced Mrs. Bernard Peters, who gave a vigorous a nd brilliant address on the present outlook and woman's place in the life of to day. Mrs.

Peters reviewed the times of sixty years previous, and from that period on to the present era of women's clubs and her general advancement, saying of the present craze for women's club life: "I sometimes feel that we are going a little toofar. Wemeetandweeatandwellstento talks upon a hundred and one topics. We get a hint here and a hint there of all the Isms and olo gies imaginable, and we think we are getting rested and brightened up a bit; but are we not, in many instances, becoming mental dys peiptics? Much is talked about the superiority of women, and that her club life reacts favorably upon her family. Is this true? I do not see that woman is so much superior to man. I see greed, self indulgence, pride and selfishness combinsd in about equal proportions in both sexes." Mrs.

Dr. Dixon spoke on hospital life; Mrs. Le Due on old times in New York, and the president of the alumnae of the women's law school made a telling address. Mrs. Adelaide Bray of the Reformed Church on the Heights sang "The Children," Massenet, and "Bon Jour Lusanne" very charmingly, and Miss Marion Bray, a Packer student and young violinist of much promise, played Bohm'a "Cavatino" and the lullaby from "Jocelyn." ST.

THOMAS AQUINAS' The fair at the Church of St. Thomas Aquinas, which was so auspiciously opened by Edward M. Grout, is proceeding with unabated success. The handsome gifts which were donated by Brooklyn's leading merchants are creating sharp contests and the promoters of the fair hope to realize the fuuds necessary to meet their obligations to the contractors who are now engaged in making additions to the church and adding sanctuaries, vestries and a new chapel. The total cost of the improvements will reach $50,000.

I vest Your Mon eyl in Good Real Estate Pay That is the safe thing to do. It is now an easy thing to do. It can be done with a thorough understanding of the method and all the details by the investor himself. The system of The John Pettit Realty Company is safe, practicalj simple, and it is worthy of attention from all who have funds to invest, in sums of $100 to $100,000. This company operates in improved New York City business property, no speculative real estate.

Thorough investigation is invited, and every opportunity for it afforded to all inquirers. The John Pettit Realty S30 East 23d St, Near Madison Square. 93 to 99 Nassau St. (Bensatt Building). NEW YORK.

OFFICES: I I.