The Brooklyn Daily Eagle from Brooklyn, New York • Page 6

MISUBLLANEO ITS. oocooooooooooooocoooosooooji Si by him. and for the Reina Mercedes, Maria A PARISH ENTERTAINMENT TO SIFT COtER'S CHARGES. NO GROUND FOR CHARGES. hors the record and supports that claim by the filing of a lis he also must be made a party.

So, too, when, such a creditor issues his execution and sells the right, title and interest of the fraudulent grantor, he and the purchaser at that sheriff's sale should be made parties. But where the judgment creditor has taken no step, made no claim and asserted no right, the mere existence of his judgment, though the plaintiff mortagee have notice that other creditors have charged fraud, does not make him a necessary party defendant. We fully recognize the rule that a purchaser at a judicial sale is entitled to a marketable title, one free from reasonable doubt: He should have a title that will, as Martin, said In McPherson vs. Schade, 149 N. Y.

16, 43 N. E. 527, 'enable htm to hold his land free from all probable claims by another, and one that, if he wishes to sell would be reasonably free from any doubt which would interfere With the market We think' the purchaser here will get just such a marketable title. That he will ever be disturbed is a mere possibility, a very improbable and remote contingency, one so slight and trivial that it ought not to relieve him from his purchase. Cambrelleng vs.

Purton, 125 N. Y. 610, 26 N. E. 007.

We think, therefore, that the order appealed from should be reversed." Carroll vs. MoKahary, 55 X. Y. Supp. 113.

Opinion by Barrett. J. James F. Hlgglns; for appelt ant. William H.

Stockweil, for respondent. I Teresa and other ships which were raised at h.inttago. it is claimed that nutlortty ror this exists In sections 4.624 asd 4.625 ot the revised statutes, which say: 'Whenever any captured vessel, arms, munitions, or other Materia! are taken for the use of the United States before it comes Into the custody of the prize court. It shall be sun eyed, appraised, and inventoried, by persons as competent and impartial as can be obtained, and lb. a survey, appraisement and inventory shall be sent to the court in whieh proceedings arc to be had.

If by reason of the condition ot the property, or if because the whole has been appropriated to the use ot the United States, no part of It has been or can be sent in for adjudication, or if the property has been entirely lost or destroyed, proceedings for adjudication may be commenced in any district the Secretary of the Navy may designate: and in any such case the proceeds of anything sold or the value of anything taken or appropriated for the use of the United States, shall be deposited with the Assistant Treasurer in or nearest to that district, subject to the order of the court in the cause. If, when no property can be sent in for adjudication, the Secretary of the Aavy snail not. within three months after any capture, designate a district for tt institution of proceedings, the captors may institute proceedings for adjudication in any district." In the cases of the vessels named, the sinking did not amount to their destruction for although they ceased to float they were recovered by the government. It is now claimed that being raised, their value amounting to a very considerable sum, has accrued to the United States and consequently a portion of it should be set aside as prize money. It' is said that this was the exact status of the Confederate ram Albemarle, whieh was sunk by Lieutenant Cushing in 1864, and for which bounty was paid to its destroyers.

Valuable property was saved from the vessels sunk at Santiago, consisting in large part of heavy guns. These have been delivered to navy yards in this country. This property, it is represented, constitutes prize of war end should be appraised in accordance with the statute and condemned by judicial proceedings as prescribed by law. After the destruction of the enemy's' fleet at the battle cf Manila Bay. Admiral Dewey and his fleet captured the arsenal at Cavite.

which contained a large amount of property belonging to the enemy. This has since been appropriated to the use of our government, and it is now claimed should be appraised and turned over to Dewey's men as lawful prize. Shipbuilders Behind in Their "Work. The Navy Department is considering appeals made by the firn that are buildins the torpedo beats Stringham and Bailey and the gunboat Princeton, in which remission cf certain penalties is asked. The Prfhceton has long since been accepted by the government and placed in commission, but it seems that she was not delievered to the Navy Department for many months after the date specified for its completion.

Penalties amounting to manj thousands of dollars were exacted for this failure to come ud to the eontraet. and the firm is r.o.v endeavoring to have the Department remit the fines. The torpedo boat Stringham, whieh is being built by Harlan Hollicgsworth, should have been turned ever to the government on the 28th of January, but she is no.v less than three fourths finished. The Bailey is even more, behind time, as she is not yet half completed. It is alleged in the cases of the Stringham and the Bailey that they were delayed as a result of the sub contractors being unable to fulfill their agreements because of the war.

which seriously interfered with their regular business. The department is to appoint a special board which will consider whether or not the penalties shall be remitted. Army to Have New Rifles. By a special provision in the Army appropriation bill, all our soldiers will soon be equipped with the latest pattern Krag Jorgen seu rifle, which will supplant the few Spring fields that are now out. The sum of $350,000 was appropriated for equipping the buildings which are now erected and idle at the Rock Island Arsenal.

That is capable of manufacturing 1.500 stands of small arms a day, when pusherl at its full pressure. At the rifle works at Springfield they can turn out SCO Krag Jorgensens a day with the regular force. This makes a total of 2.000 stands a day, but by working two shifts and running the plants night and day, 4,000 rifles could be turned out every twenty four hours. At tbls rate it would take but a short time to equip anarmyof 100,000 men. It is not thought that the plants will be worked at more than their regular capacity, but the War Department is to put the Rock Island Arsenal In such condition that it will ue able to meet all demands upon it in the future in short order.

Many of the buildings there have been allowed to run down, and the machinery is in a bad state of repair. This appropriation will improve things wonderfully, and enable the department to meet all requisitions in the future. Pish Is Not a Brain Pood. The experts of the Agricultural Department have been making a series of experiments to determine the nutritive value of fish and they have discovered that the popular notion about fish containing a large amount of brain food, is all wron. The percentage phosphorus, which is supposed to supply material for the building up and strengthening of the brain, is not larger in fish than in the flesh of other animais used for food.

The department also declares that there is no evidence to warrant the assumption that even if the flesh of fish is rich in phosphorus, it is more valuable than other food materials for the nourishment of the brain. "Washing ton Suffers Prom the Blizzard. Probably no city in the country felt the effects of the big blizzard more severely than Washington. It snowed here continuously for about sixty hours, a new record for number of inches of snow fall. During yesterday a raging windstorm added to the misery of the inhabitants of the capital, and caused drifts to pile up on all sides eight or ten feet high.

All street cars and other public conveyances were kept in the stables throughout yesterday and the streets were practically deserted. The wheels of the government were also almost stopped, as only a few hardy clerks ventured to work yesterday. These were dismissed at 2 o'clock in the afternoon and public buildings closed. The city is threatened with a coal and gas famine, the local gas company last night refusing to light the street lamps on account of a shortage of gas, and also reducing the flow in most sections of the city. Freight traffic into ihe city is blockaded, and the prospects are that there be much suffering among the poor.

A. B. A. ARTIFICIAL SILK INVENTION. English Professor Said to Have Achieved Good Results From a Gelatine Process.

Washington, D. February 15 A curious report comes to the State Department from Consul Frankentbal at Berne. Switzerland, on the manufacture of artificial silk from gelatine. The Consul says that his information comes from Professor Hummel of Yorkshire College, in Leeds, England, who is the inventor of the process and who has submitted specimens of his product to Swiss silk manufacturers. The accuracy of the statements contained in this report must be gauged by this standard.

The gelatine to be turned into silk is heated at a certain temperature which keeps it continually In a liquid form. The reservoir containing this liquid has a cover with innumerable small openings through which the gelatine oozes in very fine streams. These tiny threads are discharged on an endless strip of linen cloth running over pulleys. When the strip has traveled far enough to dry the gelatine, the threads are picked up automatically and wound up on spools. The whole apparatus is said to require i ery little attention, a single workman overseeing enough machines to produce 170,000 yards ot thread per day equal to the production or 2 1.000 cocoons.

Tc make the gelatine threads proof against being dissolved ir. warm water or any other solution, they are lightly wound on drums and subjected to the fiimes liT formaldehyde in a close room for several hours. Coloring matter added ii: very small proportions to the liquid gelatine produces any shade of thread desired. This artificial silk is said to extremely brilliant and very uriforp.i thickness. The greatest drawback to its usefulness is its low tensile strength.

But this, it is said, can be overcome by mixing the gelatine fibre with real silk, fine linen or cotton. The statement Is made that this silk can be produced at 31.1 .1 per pound. Collodion silk now costs per pound, while natural silk is worth 50.25. a The Raines Law I Sec the results of its operations during: the past rif. year Eagle Almapac I a oeooooooococoooso RS9 KiIWTlTTTTF Programmes for Boston Symphony Concerts.

Wilhelm Gericke has prepared excellent programmes for the February concerts of the Boston Symphony Orchestra in the Academy of Music on Friday and Saturday of next week. In securing as. soloist Lady Halle (nee Norman Neruda), the widow of Sir Charles Halle, and one of the most distinguished violinists living, the management has shown good taste and judgment. It goes without saying that the response from the social and musical world should be heartily appreciative. The programmes follow: af Voruary 21 Hchumar.n, Symphony No.

3 in E. flat major. RhenU.1," Op. f0.r vlolln N' 8 Beethoven, over t7o" ro 3 72 selec rAl a'esfried" and from "Twilight ot the Gods (arranged by Hans Rlchter) rltigfriea "fct "re to Brunhlbvf and oIi.f?i V1" scene 2): morning dawn the Godf iLVrlp Rkine of manGXerudarl0eUe' Lad' Nor bar' Drak. over llnvo in Bruoh.

concerto for vlo taVe.0'"RomeG0 and 7 fan" Vn irvSi i Beethoven. Symphony Xeruda). Lad' Halle (XormaS Pranz Wilczek Too 111 to Play. The Institute received word yesterdav that Franz Wilczek, who had been engaged to as violin soloist, at the "Persian Oarden" concert in Association Hall this evening was down with an illness which at first wis not tnought serious, but which has been pronounced pneumonia. Yesterday he was worse and delirious.

Henry Wolfsohn was fortunate enough to secure Mr. Max Bendix to take his place. Mr. Bendix is an artist whom the Department of Music of the Institute has regarded most favorably and with reason for be ranks among the leaders of his profession His appearance to night will be made in the fantaisie "Carmen," by Hubay; "Au Bord de la Danube," Wormser, and a third unnamed selection. His numbers like those ct Mr.

Wilczek are to come in the introductory concert programme preceding the "Persian Garden" song cycle. A Lecturer Snow Bound. Director W. M. R.

French of the Chicago Art Institute was unable to keep his engagement to lecture before the Department of Fine Arts of the Institute yesterday afternoon on "Composition, Light and Shade." The lecture was to have been the first of a course on "The Qualities Upon Which a Painting Depends as a vvorK oi art. About forty persons came to the Art Building to hear the lecture and were informed that the speaker was detained by the big snowstorm somewhere between Pittsburg and New York Next sreek, under favorable weather conditions, Mr. French will draw large audiences. Institute Calendar To day. Department of domestic science Conference on.

"Labor' Saving Methods and Utensils," to be conducted by Miss Elizabeth Reeve. Art Building, 4 Department of music "In a Persian Garden." song cycle for four solo voices: Miss Marie Den avin, soprano; Miss Zora Horrlocker, contralto: Mackenzie Gordon, tenor, and Gwilym Miles, baritone. Mr. Isadore Luckstone. accompanist.

Preceded by solo numbers by Max violin, and by Miss Donavin. Mr. Gordon and Mr. Miles. Association Hall, 8:15 P.

M. HARLEM AND THE BRONX. This section of the city has been practically isolated from the rest of Greater New York for the last three days. No business has been done, the attendance at the places of amusement has not paid for the lighting, there has been a temporary milk famine, Harlem River is a solid sheet of ice from Second avenue to Spuyten Duyvel, there has been no attempt to remove the ash barrels or garbage cans, the railroad traffic is demoralized, and except a thaw sets in very quickly the outlook is not very bright for the residents. Public School No.

39 was closed up yesterday, and the attendance at the schools was small In the extreme. In the Bronx it was even worse than in Harlem. No cars were run on any railroad except the Suburban branch of the Manhattan Elevated road, which only runs to Tromont avenue. The Union Trolley Company's lines, which gridiron the entire borough, were abandoned one by one, and laet night there was not a single car running on the entire system, which extends from the Harlem River to Yonkers. An effort had been made to keep the lin3 open by running sweepers continually, but this had little effect, as the snow would pile up on the tracks as soon as it was cleared off.

In many of the more exposed places the drifts were six and eight feet high. The Rev. Dr. Brldgman, rector of Holy Trinity Episcopal Church, Harlem, is very ill and not expected to recover. Three weeks ago the vestry gave him 6ix months' leave absence, and it was then his intention to go first to Lakewood, N.

and afterward to the German spas. He has been unable to leave the rectory, however. Dr. Brldgman was born sixty three years ago; he graduated from Rochester University in 1855 and became pastor of a Baptist church at Jamaica Plains, but remained there only a short time, going from Jamaica Plains to Albany, where he took charge of the Emmanuel Baptist Church. He remained with that church for seventeen years, afterward coming to the Madison Avenue Baptist Church, this city.

Five years ago he joinetl the Episcopal Church and was ordained by Bishop Potter. Immediately afterward he took charge of Holy Trinity, Harlem, succeeding the Rev. Dr. Stanger, who The New York, New Haven and Hartford Railroad has begun the work of constructing another immense terminal in the borough of the Bronx, at which to receive and ship freight. The new depot is to be located at Oak Point, once a famous summer resort, but which has not been popular for recent yeare, Oak Point is on the east side of the borough, and is situated on what is known as Port Morris Harbor, an arm of Long Island Sound.

Under a new rule adopted by the New York Telephone Company, the rate for messages between pay stations connected with the Harlem and High Bridge Telephone Exchange and stations connecting vith the Melrose exchange station Is 10 cents. The lower end of the section covered by the Harlem exchange is One Hundred and Tenth 6treet. Until last week tho charge for telephoning acrcss the Harlom River was 20 cents. This caused great dissatisfaction among the uptown patrons, and subscribers of the company. The matter was taken up by the North Side Board of Trade and the Taxpayers' Alliance, which made a decided stand against the charges.

Committees were appointed to wait upon the telephone company officials and tho reduction was finally obtained. MUSICALE AT BAY RIDGE. Miss May Newman gave a musicale last Friday evening at her residence, Seventy fifth street and Fourth avenue. Bay Ridg, being assisted by Professor De Poole's chestra and Charles Walsh, J. Scott.

Miss BE. Corcoran, Miss Teresa Newman, Miss Ma? Haydesrt, J. McDade and E. Keller. THE SAX MARCOS Ir a beautiful boat with magnificent promenads deck, large airy staterooms, cozy dlnlngroom and a most homelike air.

Her larder will be niled with all that's good to eat. She will be used a a hotel at Porto Rico by the ISagle excursion party. Sails Saturday, February 18. Ato. soosooooo Black Dyes Tr 1 ri i mi Never Crock, Clothing of All Kinds Easily Dyed at Home.

1 There are three kinds of fast black Diamond Dyes, on? Jor one for cotton and mixed goods, and a tbir.l for silk and feathers. All these dyes are specially prepared for home use guaranteed to make colors that will never fade or crock and that cannot be Trashed out In strong soapsuds. The reliability of the fast black Diamond Dyes have given them the largest sale of all dyes; Be sure to get the Diamond If you wish to color black, for no other dyes equal them In simplicity of use and fastness of color. SHU RTLEFF WILL FIGHT. One of the Appraisers Declines the President's Pressing Invitation to Resign.

FRIENDS TAKE UP HIS CAUSE. Court of Claims Asks for the Appointment of Referees to Settle Navy Prize Claims. Eagle Bureau. COS Fourteenth street. Washington.

D. C. February 15 Ferdinand N. Shurtleff, whose resignation as general appraiser of merchandise for the port of New York was requested by the President some time ago, has decided that he will not be forced out of office and is to make a fight against vacating his position, as demanded. Information to this effect was received here to day and occasioned no little commotion.

Shurtleff is one of the three appraisers who were asked by the President to resign as a result of friction between them and the Treasury Department and because of allegations that they were concerned in several cases of undervaluation of imported goods. The resignation of Appraiser George H. Sharpe was first asked "and after some delay was complied with and he retired. The withdrawal of Mr. Shurtleff and Joseph B.

Wilkinson of Louisiana was. then demanded. Mr. Wilkinson has informed the President that he is willing to get out and his resignation is expected at the White House any day. Shurtleff.

however, believes that he has been unjustly treated and propose 3 to make a fight for his position. He is a Republican, having been appointed from Oregon during the Harrison administration. It is understood here that his Congressional friends are working hard to persuade the President to withdraw his request for Shurtleff's resignation, and that numerous applications are being filed at the White House, asking for the retention of the appraiser. Senator Simon ot Oregon, it is said, is leading the fight for Shurtleff and has the aid of a number of Western Senators. The President has authority to remove the appraiser, but in doing so he must state the reasons Tor his action.

These involve charges of inefficiency, negligence or malfeasance in office, although it is stated that it would not be necessary for the administration to offer evidence to prove any of the charges. Section 12 of the act of July 10, 1S90, providing for the appointment of general appraisers, says, "They shall not be engaged in any other business, avocation or employment, and may be removed from office at any time by the President for inefficiency, neglect of duty or malfeasance in office." Persons who are familiar with the facts in the case say that it would be well for Shurt left to gracefully retire at once. It is said that, should the President insist on the resignation of Shurtleff, the latter's friends will fight the confirmation of his successor in the Senate. The position of general appraiser is one of the best appointments in the gift of the President. The salary is $7,000 a year and is regarded as good for life.

Former Assistant Secretary of the Treasury William B. Howell, who has been appointed to succeed Mr. Sharpe, is still in this city. He will remove his family to New York in a few days and enter on the duties of his new office inside of a couple of weeks. He will be the youngest member of the Board of Appraisers and will in other ways be the most remarkable man ever named for such an important position: He has climbed up to this high post Boiely on his merits and is a striking exam ple of what can be accomplished by honest and conscientious labor.

Mr. Howell entered the government service at the bottom round of the ladder, starting in as a messenger boy in the Treasury Department in 1S82. The next year he took the civil service examination for a clerkship and in January, 1884, he was appointed to a $900 position in the Internal Revenue Bureau. Mr. Howell then applied himself to the study of stenography and soon became an expert shorthand writer.

His promotion was rapid and about eleven years ago he was assigned to duty as private secretary to one of the assistant secretaries. This threw him into intimate acquaintance with customs transactions end he has since been the recognized expert of the department on all such matters. When the present administration came into power, it made two appointments in the Treasury Department that caused no end of talk among politicians and which were hailed with much approval by advocates ot civil service reform. One was the advancement of Mr. Howell to be Assistant Secretary of the Treasury, and the other was the appointment of Mr.

Vander lip to be an Assistant Secretary of the Treasury also. The latter came on here from Chicago as the private secretary ot Secretary Gage, but he showed such capacity for work and such splendid executive skill that the President made him one of the assistant secretaries. It is understood here that as soon as the resignation of Appraiser Wilkinson is received the President will nominate as his successor Representative Sherman of New York. Former Representative Bynum of Indiana is said to be slated for the position no.v neia by Appraiser snurUeff. To Settle Navy Prize Claims.

The Court of Claims has asked Congress to appropriate a sum ot money to provide salaries for a number of referees who will be needed to collect data and general information before the bounties won by our sailors at Manila and Santiago can be paid. A amount of work is involved in the e.yment of those claims and the present rce of the court is not sufficiently large to admit of It all being done by them. Ten thousand dollars have been asked for. Which will be paid to referees, who will' have charge of the task or getting together the facts in the various claims, so that the Judges can make their awards without delay. As soon as this money is available circulars will be sent out to the men and officers who were in the two big engagements, asking for general information.

The court Is to determine, anions other things, whether or not Admiral Snmpscv was rear nnough to the Spanish vessels at Santiago to entitle him to a share the prize money ami is also to designate; just what ships are to co tie in for a portion of that prize. An Interest ins point ha. been hroushi up by a firm of Washington attorneys who represent of ihe officers men or Admiral Dewey's and Sampson's fleets, involving several million dollars' worth of property, which It is argued should be turned over to the Navy as prizes. This firm ban appealed to Secretary Long for appointment prize, courts for vessels sunk, then end. appropriated by the United States; rov property saved from vessels destroyed, fiaa for property captured by the Navy on Ir nd during the recent war.

it Is argued that our sailors arc entitled to prize money for th Don Juan de; Austria, 4e Cuba and Iala. de Lyon. which were DciTey and "have slneo been used Arranged by Miss Ethel Parker's Sunday School Class. Under the auspices of Miss Ethel Parker's Sunday school class an entertainment was given in St. Peter's Parish Hall, State street, last night.

In spite of the unfavorable there was a large audience and an appreciative one as well, as the frequent and liberal applause testified. The programme was introduced by piano selections by Professor Henry G. Bskuche, the choirmaster. Next came a chalk talk by Anthony Fiala. "Coon Lullabies," from Valentine H.

Seaman, followed, after which Messrs. Davis and Sanger cleverly rendered an amusing character sketch. Miss Angela Diller's valse on the piano showed the accomplished musician. "Dreams," a baritone solo, by W. B.

Crawford won applause, which was shared by the accompanist, Professor H. Kassinger. This portion of the programme was concluded by Dr. Parker's reading selections from Kipling and Eugene Field. A farce la two acts entitled, "A Box of Monkeys," formed the second part of the programme.

The characters were as follows: Edward Ralston (a promising younc American, half owner of the Sierra gold mines). L. R. Parker; Chauncey Oglethorpe (his partner, second son of Lord Doncaster), J. F.

T. Mason; Mrs. Ondego Jhones tan admirer of rank). Miss B. Burwlck; Sierra Bengallne (her niece, an American rose).

Miss M. Slbbald; Lady Guinevere L.andpoore (an English primrose, daughter of the Earl ot Pay naught). Mlas C. Parker. The rendition of this bright little, comedy was much relished by the audience, the amateur players acquitting themselves creditably.

The scenery was realistic and the general stage effect decidedly attractive. The proceeds are for the Sunday school Easter offering. The patronesses were: Mrs. Ackerson, Mrs. Arrlson, Mrs.

Ball, Mrs. Barbour. Mrs. Birdaell, Mrs. Uuckley, Mrs.

Carr, Mrs. Cummlngs, Miss Deghuee, Mrs. Finlay, Miss Garre. Mrs. Sidelines, Mis.

P. G. B. dikes. Mrs.

Hill, Mrs. Ivlns. Mrs. James. Mrs.

Lidford. Mis. Logan. Mrs. Marcellua.

Mrs. Mason, Mrs Mc Colloug Mrs. McG ee, Mrs. Mltldleton. Miss Mrs.

Parker, Mrs. L. Parker. Mrs. Parsons, Mrs.

Prout, Mrs. Ramsey, Mrs. Ridley, Mrs. RIKgs, Mrs. Rogers.

Mrs. Sherman. Mra. Slbbald. Mrs.

Tiemann, Mrs. Turner, Mis. Vclmer, Mrs. White. HIGH BUILDING REFORM.

Board of Trade Committee Has Prepared an Ordinance Which Contains Many Radical Changes. A special committee of the New York Board of Trade and Transportation, which for more than two years has been considering the question of high buildings and their restrictions, has completed a report which will be presented to the Board of Public Improvement to mofrow by President Coogan of Manhattan borough. The committee has drafted an ordinance regulating the height of buildings, which ordinance accompanies the report. The ordinance, if enacted, will in a great measure revolutionize the building rules In this city and place every big structure erected in future upon a higher fireproof basis than in the past. With reference to protection from portion of the ordinance provides that every fireproof building erected to exceed 123 feet in height shall he provided with at least one pipe, with branches to windows, to which the hose of the Fire Department may be attached, the whole being connected with a water tank on the roof.

Any building in excess ot 135 feet shall; according to the ordinance, be provided with an auxiliary water service and shall be provided with two separate fireproof stairways, one of which shall be remote from elevator shafts. LIBRARIES OP THE BOROUGH. Mrs. Craigie and Others Discuss Them at the "OYban Club. A well attended meeting of the Urban Club was held yesterday afternoon at the residence of the senior director, Mrs.

A. J. Perry, 30 First place. Miss Annie Burt Phelps presided and "The Libraries of the Borough" was the subject considered by the. various speakers.

Mrs. Charles H. Craigie, director of the Brooklyn Free Public Library, made an Interesting address on the influence, and effect of libraries upon a people. The patrons of a library, she said, were for the most part the working people, because the rich had libraries of their own. The speaker gave In detail the history of the movement which culminated in the establishment of the Brooklyn Free Public Library and urged the Urban members to work for the extension of the tree libraries of the borough.

Mrs. R. Percy Chittenden gave a description of the Bell collection which has recently been presented to the Brooklyn Library and Mrs. Horatio W. Olcott spoke of the Law Library in the Court House, stating that she.

was indebted to the courtesy of Mr. Bell, the librarian, for her information. On motion It was voted that the Urban Club Indorse and exert all its influence to have passed the. measures now before the Legislature asking that women be appointed to boards of education in cities where men are so appointed, and that in cities of the third class, where, men vote on the reapportionment of taxes, that the same privileges be extended to women. The current events bulletin was read by Barnes and the meeting adjourned after the consideration of some routine business.

An invitation was extended by Mrs. Craigie to the members of the club to attend the meeting of the Public Library Association, of which she. is president, to be held on Friday evening at the Berkeley Institute, 1S3 Lincoln place. Melvil Dewey, secretary of the State Board of Regents, is to be one. of the speakers.

APPLIES TO MR. GROUT. A Survivor of the Maine "Who Is Looking for Employment. Edward M. Grout, president of the borough, has received a communication from a survivor of the United States Steamship Maine, in which he states: I write you, requesting your aid and hope you will not take offense at my addressing you personally.

To state briefly as possible. I will say that I am a survivor of the V. S. S. Maine and have been disclaimed from the naval service since July 20 last and being a married man with a family to support and being unable to work at the only buslress I know anything about (mason), on account of the Injuries I received In the Maine explosion.

I naturally am having a pretty tough time to exist, and seeing your name In the press in connection with the Maine on several occasions. I thought I would appeal to you to help me to get employment of some kind, as I know of no one personally in New York who could help me, as I was not brought up In this city, although I have made my home here for the last eight years. I belong originally In Boston, but Intend to live here henceforth. I can recommend myself as being a sober and honest man and I will refer anyone giving me employment to any officer or man with whom I have served with In the Navy and will also produce discharges for honorable and faithful service while In the Navy. During my experience In the naval service I have been on the last two vessels lost In that service the Ivenr sarge and the Maine and I think that I am the onlj man living to day who can say that.

I will add that I am of American birth, 30 years old, r. feet 7 Inches In height and weigh lTi pounds and all rlcht physically, excepting a very bad arm, the res It of a bad setting of a broken clavicle. All other Injuries received on the Maine succumbed to the surgeons skill and treatment and am good mannered and of a cheerful disposition, and all 1 want Is a chance to exist, and I hope you will not think me too forward in addressing you In this manner and try and help me if you can. antl If you cannot, let me know of someone whom I could apply to with nny hopes of success. 1 have an application with the United States Civil Service, hut it mlnht he months before I hear of It, If at all.

Again begging you to overlook my forwardness In addressing you personally. I will close. Mr. Grout withholds the signature, but will give the name and address to any one who may be in a position to give employment to this hero of the Maine, or who may be in a position to help him lind employment. BASKET AND LUNCH PARTY.

A basket and lunch party under the' auspices of the Women's Auxiliary Corps of the Forty seventh Regiment to aid in the work' of relieving needy wives and families of soldiers now in Porto Rico was held in the officers' room of the armory last night. Consid ing the snow storm the attendance was fairly good. A ready sale and some good prices were obtained for the baskets. That of the president. Mrs.

Williams, was bought in for $3.50 and handed back by the buyer to be auctioned again. The second time it brought $2 thus making a total of $5.50 received for one basket. Coffee was served by the women of the auxiliary and the evening was agreeably spent in listening to an entertainment of vocal and instrumental music. The next regular meeting of the auxiliary will be held as usual Friday afternoon next. Kings County Pharmacists Dismiss Those Made Against Messrs.

Paradis and Brundage. ACTION AGAINST GALLAGHER. Resolution Condemning His Conduct Referred for Consideration at the Next Meeting. The principal business at the monthly aujeting of the Kings County Pharmaceutical Association held at 329 Franklin avenue yesterday afternoon was the hearing of the report of the board of censors on the charges made by Druggist John Gallagher at the last meeting against President Adrian Paradis and Albert G. Brundage.

Mr. Gallagher, as already announced in the Eagle, accused President Paradis of Intimidating one of his (Mr. Paradis') clerks who supported the shorthour movement and Mr. Brundage ot having lost a position in early life through having made a mistake in preparing a prescription. President Paradis, after calling the meeting to order, resigned the chair in favor ot Oscar Klein In order that the report of the board of censors might be heard.

The report was then read by the secretary. It related that an opportunity had been given to Mr. Gallagher to prove his statements, but that he had failed to do so, while, on the other hand. President Paradis and Mr. Brundage had furnished proof in rebuttal of bis charges.

In consequence the board recommended the dismissal of the charges. The report was received and adopted by the society and the action of the president in referring the matter to the board of censors was approved. Dr. E. H.

Bartley remarked that he thought that the report scarcely went far enough in simply exonerating the men who were accused. It appeared, he said, to be simply a whitewashing of the other man (Mr. Gallagher), who wa3 certainly guilty of misconduct and should be made to realize as much. At this point President Paradis was called to the telephone and informed that a message had just been received at his store from Mr. Gallagher.

It was to the effect that the latter could not be present at the meeting, and that he would hold him (Mr. Paradis) responsible for any action that might be taken at the meeting. This announcement evoked a good deal of laughter. Dr. Peter W.

Ray offered a resolution to whieh an amendment was offered by Dr. Bartley with the result that it took the following form: Resolved. That in the opinion of this society we deem the conduct of John Gallagher at the meeting held January 10, his making charges against members of this society and casting re tlections upon the practice of pharmacy In general and his refusal to obey the summons issued by the board of censors, ungentlemanly, uncalled for and unbecoming on the part of a member of this society and to the pharmaceutical profession. And that we deem It proper to condemn his contluct and pass a vote of censure upon John Gallagher. The resolution was received by the society and on motion of Dr.

Bartley was laid on the table until next meeting to be acted upon. The secretary was instructed to notify Mr. Gallagher that the resolution offered would come up for action at the March meeting. Dr. W.

J. Bryan read a paper entitled "What Answer Shall the Pharmacist Make to the Client Who Says, 'I want a Disinfectant?" THE EAGLE'S DAILY DIGEST OF RECENT LEGAL DECISIONS. (The Editor will be glad to digest any cases luggested by attorneys If just decided and involving legal points of general interest. The opinion appeai book end briefs should be submitted and. If requested, will be returned.) Poreclosure Marketable Title Not Necessary to Make Persons Parties Not Appearing of Record to Have an Interest.

(N Y. Sup. App. Dlv. Dept.) Edward McKahary was the owner of real property, the subject of this litigation.

He conveyed it to his wife, Alice, by deed recit ing a nominal consideration, and she mortgaged it to the plaintiff in this action. After the transfer to his wife and before the execution of the mortgage, certain of McKahary's creditors obtained judgments against him, which they duly docketed. Some of these judgment creditors thereupon, brought actions and filed lis pendens, claiming that the transfer by McKahary to his wife was for the purpose of defrauding hl3 creditors, and asking that it be set aside as to them. At least one of these creditors succeeded in procuring the relief asked for. Others of the judgment credit ors remained passive.

The plaintiff, the mortgagee, from McKahary's wife, thereupon brought this action to foreclose the mortgage, including among the defendants all the said judgment creditors who had commenced actions and filed lis pendens, but omitting to make parties any of the said judgment creditors who had remained passive. This foreclosure action was prosecuted to a conclusion, and the court made a decree directing the sale of the property. On the sale under this decree one Brown became the purchaser, and thereafter, learning the facts above recited, he applied to the court to be relieved of his purchase, claiming that he was not offered a marketable title for the reason that any of the creditors who had remained passive, seeing the success of the other creditors, were liable at any time to bring actions to set aside as to them the deed to McKahary's wife, and thus obtain a lien on the property. The court below granted Brown the application and relieved him of his purchase, whereupon an appeal being taken to this court, a reversal is ordered. "Thus, the contention necessarily is that the plaintiff, upon notice that some of Edward's judgment creditors claimed that the deed to Alice was fraudulent as to them, should not only have made these claimants parties defendant, but should also have made parties defendant those other judgment creditors who had made no such claim.

The inquiry is natural, at this oint, why should the latter have been made parties defendant? The respondent, in effect, answers: Upon the assumption that they might at some time make a similar claim, and, if they did and were successful in sustaining it, would have a lien upon the land. These assumptions and possibilities were altogether too slight and too remote to require the plaintiff to extend his search against Edward beyond the ordinary area, and to discover and bring in these subsequent judgment creditors. Each creditor's bill stood upon its basis. The deed might be voidable as to one and not as to another. Xotice that it had been set aside as to one was no evidence that it was void as to another.

One judgment creditor's debts may have accrued prior to the making of the questioned deed; another's may have come into existence subsequently. The facts and proof in one case may be different from those In another. It would be a dangerous rule one that would lead to great uncertainty which would require an attorney employed to fore close a mortgage to go outisde of the record, and. at his client's peril, correctly weigh such I possibilities. The better rule is to permit the attorney to proceed in reliance upon the record.

Then there can be no uncer i talnty. And no one creditor or purchaser can be prejudiced. When, the attorney finds liens upon the record he must make the lienors parties. When one who has no record lien Jtuat a direct claim of Hen upon facts, de Board of Aldermen Favor an Investigation of Charitable Institutions' Claims Upon the City. PUBLIC HEARINGS PROPOSED.

Legislative Aid at Albany to Be Sought, if Necessary, to Eliminate Praud. Alderman Goodman came down to the City Hall yesterday afternoon with a lot of work mapped out and he succeeded in usurping almost the whole time of the board for the consideration of matters presented by him. The Alderman had been reading In the papers of the havoc wrought by the storm among the poor and he had drafted a resolution providing for the Investigation of plans for relieving distress of the same kind in future. The resolution provided that the committee on public charities shall hold public hearings to devise some way of meeting such emergen cies in future. It was preceded by a number of preambles which recited that the existing charitable organizations and associations had proved unequal to the demands made upon them within the past few days.

Aid. Folks objected to this declaration and declared it was not according to the facts. He opposed the passage of the resolution thus worded, reflecting upon the existing charitable organizations. Aid. McCall declared that half of the charitable organizations were fakirs that did no good to speak of.

He was sharply called to terms by Aid. Folks, who is secretary of the State Charities Association and knows what he is talking about when discussing charities. Aid. Folks declared that the charity organizations were able to cope with the situation. They bad met the demands ot those who had applied for relief.

He did not claim there had been no suffering because there had been great suffering, but he asserted that the organizations had turned none away who came and was deserving. He called attention to the fact that the organizations he spoke for were all supported by private offerings. None asked for the city's money. The city, however, had never properly cared for the poor directly under its control. He pointed to the miserable condition of the Almshouse and other public institutions.

He was opposed to the city's giving outside relief, not because he was hard hearted but because he thought it tended to pauperize the poor and work for their increased helplessness and suffering. Aid. Harrington told Aid. Folks he would buy him a suit of clothes if he could show him a charity in his district. Mr.

Folks told him he would take the suit without delay. Aid. Lange of Brooklyn then related an experience of how a constituent failed to get coal from the city, which he considered a hardship. Mr. Folks told him the City of Brooklyn had provided no public coal for twelve years and that the poor had never been so well off as since the city stopped spending $600,000 a year for coal and groceries which helped to pauperize those who got them.

Aid. Sherman expressed his opposition to the measure as a whole. He did not believe in the state being a charitable institution. Charity should be supported bji. private means and the people of New York City were amply able to relieve all needing help.

Aid. McCall pointed to the contributions of Richard Croker and others high in Tammany Hall as conclusive evidence of the truth of his contention that the city should help the needy. Aid. Folks succeeded in getting the amendments he desired, changing the language so as to make the inefficiency a matter of report rather than of fact. Bridges declared after listening to the discussion that it was all buncombe and he was against it.

The resolution was finally adopted. Ala. Goodman got another resolution through bearing on the so called charitable institutions that Controller Coler has held up. The Aldermen apparently are not satisfied with the Controller's investigation or else they envy him because they intend to have one of their own. They adopted the following: Whereas, The Controller has recently directed public attention to the ff.ct that certan so called charity association's and Institutions have been unjustly receiving financial aid from the city: an Whereas.

It has been demonstrated that in some instances the charge made by the Controller Is absolutely true; therefore. Resolved, That an investigation be made by the committee on public charities of this board and the committee on public charities of the Council Jointlv. In order to ascertain fully where, if any. deception is practiced upon the city, who, if any. are receiving public aid not entitled thereto, and whether there are any charities which are not receiving all the consideration thev deserve.

Resolved. That said Joint committee shall hold public hearings and invite there to representatives of all the charity organizations, the Controller ami the general public, at which stenographic minutes shall be taken of the proceedings In full. Resolved. That after ample opportunity has been afforded all to appear and to be heard, who so desire, proper resolutions and ordinances shall be presented, which. If adopted, will afford full Justice tn the charity associations and Institutions interested, according to their respective merit: and at the same time protect the city against injustice and imposition.

Resolved. That ald resolutions shall provide fnr legislative aid nt If necessary, for which purpose the Corporation Counsel shall be invited to render official assistance. An ordinance that will affect seriously the elevated railroads in the whole city was passed in the Council yesterday and introduced in the Board of Aldermen. It provides that the several railroad companies now running cars on elevated structures in any of the streets of the city shall be compelled to inclose the platforms of all stations. It is not stated how they shall be inclosed, but the work is to be done under the supervision of the Commissioner of Highways.

The matter went to the railroad committee in the Board of Aldermen. The nenalty for failure to comply within sixty days is $100 for each day's subsequent violation of the ordinance. The Council also passed an ordinance to compel the placing of drip pans under the tracks of elevated roads and the building of gates at the foot of the stairways to be closed when the lines are not running. Councilman Leich defeated the attempt to put another attendant at a thousand dollars a year on the rolls. SCOTT CROMWELL.

The marriage of Miss Ethel Cromwell, daughter of Mr. and Mrs. William Cromwell of 161 West Eighty eighth street, Manhattan, and William Pape Scott, of this borough, took place last evening at the home of the bride's parents. The officiating clergyman was the Rev. Dr.

Wade, assistant rector of All Angels' Church, Manhattan. The bride was attended by Miss Florence Arnold of Brooklyn and Miss Rhodes of Manhattan as bridesmaids, and by Miss Margery Thompson of Sioux City, as flower girl. The groomsman was Arlington Tilden Scott, brother of the groom, and the ushers were R. Vincent Tobin and M. Hamilton Murray, both of Brooklyn.

The bride was gowned in ivory white satin duchess with trimmings of old point lace and pearls. Her vail was of tulle and she wore the groom's gift, of a diamond crescent. Her bouquet was composed of white roses and lilies of the valley. The bridesmaids were attired in gowns of rose pink taffeta vailed in chiffon and they carried bouquets of La France roses. The little flower girl wore a dainty white frock with trimmings of pink and carried a basket of pink roses.

The house was handsomely decorated with pink roses and lilies and the ceremony was performed beneath a bower of roses and foliage. A largely attended reception followed the ceremony. On their return from a Southern tour Mr. and Mrs. Scott will reside in the Hill section of Brooklyn.

METHODIST SOCIAL UNION. A Social Gathering in Janes M. E. Church. A social gathering of the Brooklyn Methodist Social Union, of which J.

M. Bulwinkle is president, took place last night in the lecture room of Janes M. E. Church, Reid avenue and Monroe street. There was a large attendance and the executive committee had provided a nice programme.

Henry Gaines Hawn. formerly of the Polytechnic Institute, now of the Carnegie School of Oratory, gave a number of select readings, and Miss Grace Couch, contralto, and the male quartet of St. John's Churi. rendered several numbers. Refreshments were served.

Check for Insurance Premium Mailed Seasonably, hut Arriving After Due, Held to Bind the Company by Reason of Course of Dealing, Notwithstanding "Written Clause in Premium Notice to the Contrary. (S. Y. Sup. Ct.

App. 2nd Dept.) This wa3 an action upon a life insurance policy. The policy was Issued in 1884. The usual custora as to the payment of the premium was by check mailed to the comnany after the receipt of its' notice of premium due. inese checks were mailed on or before the day the premium was payable, but did not always reach the company before that day.

ievertneless, they were always accented. About June 29th, 1895, the company made a change in the notice above mentioned by add ing at tne bottom in small type the following: ve enclose you an envelope directed to the company, for your convenience in case you remit by mail. But it must be distinctly understood that the association is not, and cannot be; responsible for any loss or delays of the mails. Mailing of the amount of premium is not payment. It must reach the home office on or before the date due.

in order to prevent the policy froih lapsing." Notwithstanding this change, premiums continued to be paid as before for some time afterward, and until the death of the insured. The insurance company never took any steps to call the insured's attention to this change, except to send the notices themselves, and the plaintiff (the beneficiary), who usually received the amount of the premium from the insured and attended to the payments thereof, testified that he had never noticed the change until the day of the trial. These notices were in the nature of bills, and when the company received the checks their custom was to return the notices stamped paid. The last check having been mailed either on the day it was payable or before that time, but not, having been received by the company the day It was due, the company claimed that the policy had lapsed. The Appellate Court held that the question whether the change in the notice wa3 sufficiently called to the attention of the insured was a question for the court or jury below, and that court having decided that the Insured's attention was not sufficiently called to the change to constitute a valid notice, that payments in the old way must be held to have been a sufficient one.

The court says: "The question, therefore, which we are called upon to decide, is whether the plaintiff or the Insured, In making the payments, was bound to take notice of the character of the change contained in its printed statement attached thereto. We think that the plaintiff was not conclusively bound, as matter of law, by the statements contained In such notice. On the contrary, we think that the question whether the defendant took such steps as were fairly calculated to apprise the insured, or the person making the payments, of the change contained in the statement, was one of fact for the court or a jury to deter mine. If the defendant desired to change the system, and place the risk of safe transmission through the mall upon the In sured, when he had theretofore relied upon Its being good. It should In plain and unmistakable terms call the attention of the insured thereto, in order that he might have an op portunity to protect himself by making payment in another manner.

It is matter of common knowledge that changes vitaM in character may be easily made by notice inserted by the defendant in its printed matter, and yet the same not be noticed by the insured, nor placed in such form as would be calculated to attract his attention. The failure ot the mail to deliver the letter containing the check at the home office cannot avail to defeat the payment. When the letter, properly stamped, was deposited in the mail, payment was accomplished, under the circumstances of this case, and the delivery of the letter at the home office was thereafter at the risk of the defendant. Palmer vs. Insurance Co.

84 N. 63. In the present case the court has found that the deposit of the check, under the circumstances presented in the record, constituted a good payment of the premium. We see no reason for disturbing the judgment of the trial court. It should, therefore, be affirmed, with costs.

All concur. Gullfoyle vs. Xational Life 53 N. Y. Supp.

226. Opinion by Hatch, J. Edwin D. Worcester, for appellant. F.

Donoghue, for respondent. PUBLIC BUILDINGS WARM. A Plentiful Supply of Coal Had Been Secured. The public buildings in the borough of Brooklyn, whoso maintenance devolved upon the Department of Public Buildings, Lighting and Supplies, were prepared for the storm and the zero weather, in that they were plentifully supplied with coal. These buildings include the Kings County Court House, the Municipal Building, the Hall of Records, the old City Hall, the County Jail, all the armories, the minor courts and the Disciplinary Training School for Boys, a total ot nearly thirty.

Deputy Commissioner Walton had had them supplied with coal in anticipation of emergencies and yesterday in only one of them had there begun to be any danger of a shortage. This was the Borough Hall, and in that case the Deputy Commitsioner succeeded in having a supply provided sufficient to meet all requirements there until the streets shall be more open for travel. There would have been no shortage in the Borough Hall were it not for the fact that the storage capacity is limited to about twelve tons. The dally consumption of coal in these public buildings since the extremely cold spell set in has been somewhat about as Court House, seven tons; Municipal Building, five tons; Hall of Records, three tons; old City HaK, three tons; Jail, six tons; armories, each five ions; Disciplinary Training School, two tons. The coal consumption Qf the minor courts is altogether about ten tons a day.

A WARNING. To the Editor of the Brooklyn Eagle: Please say through yotir columns that I desire to warn the pubiic against a woman giving the names Smith, Brown or Richards, who usually carries a child and begs from house to house. Neither the Rev. Mr Hughes of York Street Methodist Church nor myself have authorized the use of our names in any such way. (Rev.) W.

B. ALUS. Mayflower Branch, Plymouth Church..