The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

THE BROOKLYN DAILY KA(JLI1 NEW YOItK. TUESDAY. MAY 3. 1904. jn3CEIlASE0C3 DH.

WOODEND AHEESTED. DOUBTS ITS CONSTITUTIOHAXrTY. MISCELLANEOUS. BIB SALE OF CITY BONDS IT I TILE ABOVE PUB. S264.1QD SUBSCRIBED S3 Fi FAR ACADEMY reason.

That company is not well equipped in the Kilter of franchises and the ability to take rrfuse behind a perpetual franchise fi the entire city mould be to the n.tterial advantage of its no khcldt-rs by removing exhaling impediments to exieutfocs into growing territory, ltd rights lire bused upon the of the franchises of sevco eotnr-apies. wh.ch formerly operated in bal 1 now the Borouuh of Brooklyn. Of these franchises ene expired In Another will Apottinaris "THE QUEEN' OF TABLE Naturally effervescent and mildly alkaline, it greatly benefits the entire digestive tract. from the point of view of the company, of lta bondholders or Its stockholders, a different policy is presented. It Is then, get hat you can as cheaply as you can; preserve what you have and cover up all questions a to we understand why counsel for the company, includiaa Mr.

Peckhaui, Mr. Parsons, and Mr. Carter's Ami, are agreed In advocacy of this measure, while tile committees of the organisations of which they are members, condemn it. "For years the rights of the public have been neglected. The public could not afford Vf pay.

as could the companies, to safeguard the interests of its side of dealing. But at last tne people are aroused to a sense of their power and moan to from the wreck all they can and to preserve their rights for the future "The Remsen bill, from the company's Point of view, is nothing but a piece of good business, desirable legislation to remove -clouds, from as were the railroad bills "introduced by the lawyers for the city railway company, and yet in the interests of fair play, I plead for the railway companies that iL was unfair to decline their requests and to pram those of the gaB corn- Iw th minHa nf li nnhlip If either is entitled to favors at all. certainly the gas companies should not receive the preference. "Why were the railroad bills condemned? Trfey merely permitted decirable things. They merely confirmed the bondholders' "rights.

And yet, because they didthoso things, the public cried out In no uncertain voice that these rights must be dealt with by the city and through the city authorities. The gas companies last year and this year refuse to avail themselves of the opportunities afforded by the charter and present themselves instead to the Legislature to violate, tm their attorney put in 1S94, the principle of home rule by taking of the city's eub-soil without compensation. It is said this confirms their title to what they have. Is It so? Their position Is the pon-i-Mon of a man who obtained a deed from my ancestor to a large of land upon what 1 now realize to be unfair terms and who now comes to me with words of honey upon his lips to procure a genernl c'aim deed. finds, so he cays, a little clctid on the title of a small piece on the corner.

Why then, does he ask me for -i general quit Claim deed? And shnl' I confirm my father's grant if It were obtained by unfair means, without: at this attempting to preserve some of my rights? "I asked Mr. Bowers on the argument before the learned justice who sat in the court below and from whose decision an appeal is to your honor, why, if all that he wanted was the removal of the cloud, caused by the missing bill of sale from the Empire Company, his act was not limited in its terms to conferring upon the East River Company, ell the rights granted to the Empire Company, and his only answer was that such an 4Mifr.wQu4d-be ttcmst'ituTfonal. Well, if that iwourd he then -this is 4in- constlttitlonal. because both grant special "legislative favors. "No, the companies want to cover up all defects of title in Long sland City, and they would be -lacking in business sagacity if they told us all the defects.

Some we have idacovered! and Mr. Whitney has pointed Sthem out. To foreclose these objections jwould," at bo running counter to "the great public sentiment against nernetual 'and perpetuating franchises and would be ntnfalr to the railroad comnanles. For this legislature refused to to them whit cthey asked for, and tjraarts It to the gas com Does this otniJany come into court with Is it entitled to legislative Savors wlttfout terms? Ask the people in York City who pay gas bills. This 1b the first time they have had a chance to ex-tress themselves, and that is why they are is no mere prejudice against corporations.

It is based upon a well recognized principle of equity jurisprudence. "He who seeks equity must do equity. More than that, it is based upon a sound business principle. Do not convey your title to valuable property without compensation. This grant provides for no compensation." Ostensible Objects of Bill Not the Real Ones, Says Van Iderstine.

Robert Van Iderstine of Brooklyn said that it was clear that the ostensible objects of the bill were not the real ones. He said that the great tunnel which is to be built between Astoria and Ravenswood, according to the company, is now actually being constructed. He read from Mr. Rives' opinion of last year, in which the latter attacked the purposes of the proposed act. "It is not clear what the bill does," said Mr.

'Van Iderstine. "One provision is to give to the Consolidated Company a great blanket franchise in perpetuity without any compensation or obligations. The words 'successors and assigns' are significant. The Consolidated Company Is now a monopoly. There is no competition in supplying and none between 'Baa and electricity.

One great hand is over all, the Consolidated Company." Mr. Van Iderstine said this company did not come into court with clean hands and not entitled to any consideration from the state government. jHistory of. the Consolidated Gas Com- pany Movement. H.

D. Dumont appeared for the Merchants Association and introduced Edward S. Bronson, former secretary of the Depart-aen of Water Supply, Gas and Electricity in New York, who gave a history of the present movement of the Consolidated Gas Company. He said he had them from official statements in the Brooklyn Eagle, New York Times and New York Evening Post, by Assemblyman Remsen and the company and its counsel. One of these statements was as follows: "The financial interests directing this vast public improvement did not wish to make an Investment of this magnitude subject to tourt orders nud 60 it sought affirmative legislative relief and the Remsen bill was galn introduced and again passed." Mr.

uronson uas maue a siuay ot tne rights of the Consolidated Company and sketched his opinion of the defects in various franchises. He showed the difference In the bill of this year and that of last. He aid: "The chief danger in the Remsen East River gas bill is that at borne future time the successors or assigns of the East River Gas Company, In caso the bill becomes law, may successfully claim that under it they KnVe' a perpetual franchise for the cntiro fjRyvi N'ew as that city is at present cWUtlUUed. "The bill not only amends Chapter P.38 of the Laws of 1SH2, but It also re-enacts thnt law with the Eauie forco and effect as If the grant made In mndo in The bill adds to the act of a new This- new section by the use of the phrases 'The territory hereinbefore expressly Included," and 'subject to all payments, obligations-and restrictions hereinbefore and 'all the rights, powers und privileges hereinbefore practically Incorporates by reference Into the present measure the entire substance of the former net and re-enacts the same as of All Borough Included in Territory. "The territory hereinbefore the a't of 1S02 as re-enacted by the Remsen bill expressly Included Is the City of New York.

and tho city or mow 5 oris is not the i-ity as It was in 1M2. but the city as It is, or will ne at tne time or tne pnemge or the present bill In 1004. that Is, the City of Orehter New York. Including the five boroughs of Manhattan, 'Bronx. Brooklyn.

Queens and Richmond. ''That the present City of New York Is intended Is shown by the uso of the words 'the Borough of which would otherwise bo entirely unnecessary. "If only a Long Island City franchise were to be conferred the words 'the territory Included in the former City of Long Inland' would have been sufficient. in a rumor that the Standard Oil crowd are buying Brooklyn Union fins. The -baa -risen in price without ostuumWa Mayor McClallan's Comment in Vetoing the Municipal Court Bill.

Mayor McClellan yesterday killed the Grubcr Municipal Court bill and in so doles he made this memorandum: "I regard this measure as of doubtful con-tllutiosality and believe, therefore, that It should not beceme a law. UnconMiiuttonal legislation affecting any department. of gov-ernmcat la harmful, but Irremediable when it involves the structure and Jurisdiction ot the courts When a doubt on such a question, therefore, arises, prudence dictates but one sure course Us avoidance. "I appreciate the necessity of improving existing conditions in this branch of our local Judicial system, but the measure before me Is. In my Judgment, far from an improvement, and until wiser and safer legislation is passed It is better that these courts should remain as they are.

"The Municipal Court is distinctively the poor man's court, and should be especially safeguarded, so as to maintain a wholesome respect for public Justice. The plan and seeming purpose of this bill will not inspire that respect. "This measure, furthermore, entails upon the city a largely increased expense without Justification or any prospect ft compensatory advantage." The bill raising the salaries of the Justices and providing for the rotation in office the Mayor disapproved of beeatiBe he Bald that such provision, even though advisable, should not be made until successors to the Judges are elected and should not affect terms of those already elected. He said: "The present Municipal Court Justices were elected by the people of their respective districts to office, the salary of which was then fixed. It seems to me that they impliedly contracted to render the Bervice required during their terms of office without additional compensation, and unless their labors should be materially Increasea ne-yond reasonable anticipation they should live up tp the agreement and be content." CLUB MAY DISBAND.

East Orange Golfers to Consider the Proposition Next Saturday. (Special to the Eagle.) East Orange, N. May 3 Tom Wells, pro. fesslonal of Arsdale Golf Club, was asked to suspend his services yesterday, and it now seems likely that the club will disband. A general meeting has been called for Saturday afternoon, to consider the question ot con tlnulng.

There Is a note of $300 to be met soon, but very little other indebtedness. Since the East Orange Golf Club decided to liquidate, it was thought the Arsdile Club would nave smoother sailing, but it now appears otherwise. ROB ROY WINS. Young Henry Buns Second and Gay Lothario Third in First Eace at Jamaica. (Special to the Eagle.) Race, Track, Jamaica, L.

May 3 Weather that could not have been mora per fect If made to order, a track that looked fast enough for record breaking and an extraordinarily attractive programme offered by Metropolitan Jockey Club, proved to be a magnet that few racing enthusiasts could resist to-day, and the result was that one of the largest crowds of the present meeting at Jamaica turned out. The Williamsburg. Handicap, a race at six furlongs, exclusively for 3 year olds, was the state feature, ana while it Drought out a number of the smartest colts and Allien, including Orthodox, Jncquln, Lady Amelia, Emersenoy, Conkling, Tim Payne -and others. It was by no means the only Interesting raco down for decision, howeyer. AH of the other races had big fields so evenly matned that picking waa no easy tnsk.

There was comparatively Utile early scratching, thus Injuring flue medium for speculation. Starters in the first race: The Bowery. 33 (D. Connor). 20 to 1 and 8 to 1.

Younff Henry. YX (Redrern). 5 to 1 and to I. Widow's Mite. Ill (Hlldebrand).

10 to 1 and 4 to 1. SlnsiiiS Master, lot) (Callahan), 12 to 1 ana 4 to 1. BrlKaflliir, 111 (Shaw), 6 to 1 and 2 to 1. Rob Roy. 105 (T.

Burns). 4 to 1 and to 5. Dancinff Bolle, 88 (Crtmmlns). 20 to 1 and 8 to 1. (lay ltharlo, 103 tCorinaok), 4 to 1 and 8 to 5.

Belle of Belle Meade, D3 iBrunner), 8 to 1 and 3 1. Half Holiday, Itjoninn). iw to anu 41) to l. The Don. 10!) (Travis), 111 to 1 and 4 to 1.

The race was won by Rob Roy. Young Henry ran second and Gay Lothario third. Time, 1:13 3-5. JAMAICA ENTRIES. (Special to the Race Track, Jamaica.

L. 1., May 3 Tho entries for the races hero to-morrow are as follows: First race For 3 year olds and-upward; selling: with $700 added, of whteh $100 to the second and CO to the thl.d. Six furloiiKS. Name. Wht.

Name. Wht. Pericles 103'Morokanta ICS Mart Mullen MSidchoharle 109 tlold Dome Woderscben 103 Rardolph lOK'Shrlnc 106 Witchcraft OiiSan Nicholas 116 KlnK Pepper 1111 Second race For maidens 2 years oM: with $600 added, or which $100 to the second and to tho third. Five furlongB. Name.

Wht. Name. Wht. Only One 112'Plckioo Ml Knight of 112. Homebred lotl Earldom 1)2 Austin Allen 112 Penury lOtliRnlment 109 Blue Coat 112! Almonte 112 Tommy Waddell lli.Dcrry 109 Third racp For 3 year old and upward; handicap; with IttOO added, of which $125 to tho second and $75 to the third.

Six furlonss. Nome. Wht. Name. Wht.

McCherney M3 Ban Nicholas 116 Sweet Alice 100 Rosetlnt 92 Collector Jossup lofli Reticent 93 Luxemburg lOtliSam Craig 87 Funnyslde lOJiRuby RlnK 68 Fourth race The Corona "stakes: for 8 year olds and upward; with $1,000 added, of which $200 to the second nnd $100 to tho third. Ono mile and seventy yards. Name. Wht. Nome.

Wht. 91) Hoodwink 101 100 Andy Williams 121 107. De RefZke 109 ws'Akela 135 Silver Days Brlarthorpe Flcrham Queen Jack Ratlin Fifth race For 2 year olda; selling: with $700 added, of which $100 to the second and to the third. Five furlonRH. Name.

Wht. Name. wht. Aouedu-t ltificiover Hampton 1(4 I'yirmailon j-'i' Mtitlrtgai ioi Jungle Imp l'2 Drlaval 102 First P.om 104iMuc7.cn 93 Red Reynard Handy Bill 107 lomimstlon luoi Flxth race For maidens 3 years old: with $600 nfliif-d, or which fioo to tne second and $53 to the third. Six furlongs.

Name. Billy Roche. Consideration Trouvllle Boundbrook i'herlri Wllltgesse Lent Wht. Nome. w'ht.

lOlllPond Lllv 107 lOD'lpnlntte i7 11! Hlnck Rocks 107 107 Belle 112; St. Breexe K7' Remittal 1071 (telle of 112 112 107 THE TRIAL OF CHRIST. Colonel Bacon Discusses It From a Lawyer's Point of View. The Clerical League of Long Island' held Its final monthly meeting of the winter yesterday afternoon at the Diocesan House In P.emecn street. There was a large attendance.

Colonel Alexander Br.cn gavo an ad- rlrcan nn "The Trlnl nf PlirlHt from a Legal Aspect." which was listened to with Interest and formed the topic of much dis cussion afterward. The address treated of Christ's trlnl before Pilate from an attorney's standpoint and showed the knotty legal questions that were Involved. Various church metiers of Interest to the Long lslnnd dlnoese enmo up for Informal dUcufRlon at tho meeting. They wero all of a routine nature. Tho lengue will hold a social meeting In June nt the summer home ot tho Crescent Club In Bay Ridge.

AN "AT HOJklE." Mr. ami Mrs. Frank William Conn gave an "at home" last evening from 8 until 11 o'clock at "7 St. James place. 1T ii 8 Tcoth Powder "Goad for Bad Tfeth Sot Bad for Good Teeth Gives tha Tooth Pearly Lustra EIQ BOX 25c, II HI CHESS CONTEST American Expert Defeats Lasker in Game of Thirty Moves.

MARCO WINS FROM HODGES. To-day's Games in Big Tournament at Cambridge Springs Are Late in Starting. (Special to the Eagle.) Cambridge Springs, May 3 To Frank Marshall of Brooklyn belongs the unique distinction ot giving the odds ot a pawn to Lasker, the world's champion, and surTiying at the end with a draw to his credit. Tha pawn was not offered under the guise of any recognized gambit but was given up by the Brooklynlte in developing the Sicilian defense adopted by him in the fifth round yesterday. He had, moreover, the assurance to predict the draw shortly after the sacrifice was made, though it must be said that this could hardly be more than a haphazard guess on bis part.

At any rate the ending was a most difficult one, which required all the young master's skill. He as equal to it, however, and deprived Lasker of the full point that he craved. This enabled Marshall to Btay bracketed with his adversary for second place. They were joined by both Mleses and Teichmann, who won their respective games. The match between Janowskl and Sho-walter wa3 adjourned in an even ending.

This morning they agreed to a draw without resuming play. In consequence of this action Janowskl led when play began in the sixth round to-day, with 44 points. Sho-waltor, who Is playing an excellent game, has the satisfaction of being the first to break the Frenchman's clean record. The great gome of to-day Is that between Lasker and Pillsbury and it furnished plenty of excitement. The opening was a-Queen's gambit declined with Lasker on the defensive and countering by means ot PDxQB4 on the fourth Pillsbury doubled his adversary's KBP and brought his queen to the king's side of the board.

Tha ensuing position seemed to favor tha American: Pillsbury's open board tactics bothered the world's champion greatly, for he was forced upon the defensive from the start. On the seventeenth move the American caused the black king to move without castling and the opening of the KB file following immediately thereafter made the position of that monarch anything but a comfortable one. Pillsbury was keenl yalive tb his opportunity and drove home stroke upon stroke) until LaKr capitulated after thirty moves. layer has still the advantage a-QfiJomt over with 4 points to the latter's 3. In 'celebration of the American champion's victory Secretary W.

D. Rider, of the Hotel Rider caused the flags to be sent up to the top of the cupola. Marco beat Hodges after 26 moves. Janowskl, the leader, has the Russian, Tschlgorln. for his opponent and the latter, after opening with the Giuoco Piano castled on the queen's side of the board, evidently with tho Intention of playing to win or lose.

There is no likelihood that this game' will result in a draw. All the three Brooklyn players have the white pieceB in a Queen's gambit declined. Lawrence adopted the counter attack of 2 K4 against Marshall, while Bchlechter and Teichmann followed normal lines against Fox and Napier respectively. In the game, Delmar vs. Showalter, the four knights opening is In evidence.

Marco is playing tho Ruy Lope-j against Hodges and Barry has a Sicilian Setup by Micses, to deal with. President Simeon B. Chittenden of the Brooklyn Chess Club arrived here shortly after play in the sixth round began and is an interested spectator. He will remain here the balance of the week. Just before play besan the masters all assembled at the main entrance to Hotel Rider for the purpose of having a group photograph taken.

Lasker and Lawrence, who had a warm argument at the breakfast table as to the respective parts played at tho Battle of Waterloo by Blucher and Wellington, were out for a walk and delayed the process for about ten minutes. In consequence Vbe games were somewhat lato In getting undor way. FIRST BOARD FOUR K.VIGHT3. Delmar, Showalter, i Delmar, Showalter. White.

Black. White. Rind 1 P-K4 2 Kt B3 3 Kt-B3 Kt5 5 Castles 6 P-03 7 Kt K2 8 B3 T-K4 Kt-QB8 Kt B3 B-KS Castles Kt-K2 B-Rl 9 Kt-Kt3 Kt-Kt3 10 P-KR3 P-BJ 11 B-R4 6 Ql 12B-KKt3 6 KR3 K3 K-P2 Q-Tl B-B2 15 B-B2 Kt-Kt SECOND BOARD RUY LOPEZ. Marco, HodgeB, Murco, Hodges, White. Black.

0 KtJ 03 10 B-KtS B-K3 11 BxKl PxB 12 CfiKtlesQRK K2 13 K1-KR4 1' B3 14 Kt-Bick BxKt PxB Kt-Kt 11 Kt K4 QR-Q White. 1 K4 2 Kt-KB3 3 KtS 4 Hi Kt-H3 P-Q4 7 TxP 8 QxQck mock. P-K4 K1-QB3 B-QR3 Kt B3 P-OS P-i)Kt4 PxP KlxQ THIRD BOARD QUEEN'S GAMBIT DECLINED Nnnier. Teichmann. Xfipler.

Teichmann. While. 1 P-Qt 2 P-QBI 1 Kt QBS 4 Kt5 5 Kt KB3 I P-X4 FOURTH Fox. White. I P-Q4 Black, P-QI P-K3 KI-KR3 QKt-Q3 P-B3 PxP White.

7 KtxP 8 B-Q2 B-Q! 10 113 11 Castles. 12 Q-RJ mark. B-Kt6ck B-K P-Bl P-OKtJ B-Kll Castles. BOARD-OUEKXS CUNliD. GAMBIT DB Bchlechter.

Bchlechter. Black, Whlto. 10 Castles 11 KI-U2 12 i-'-KIt! IS B-KB4 14 BxU 15 P-K4 Black. P-Q4 R-K Kt P-KRI B-M CixB 2 1' mi4 P-K3 3 Kt- Qta KI-KB3 4 Kti IJ-K2 P-K3 QKI-Q2 6 Kt B3 tattles 7 R-B P-OH3 PxP TxP 9 B-Q3 t'-B3 PxP 1H Ktt02)XPKtxKt 17 KtxKt Q-B5 18 It C-K3 FIFTH BOARD-QUEEN'S GAMBIT DKCUNEO Mnrshall. White.

1 01 2 P-QB4 Lnwrence. Marshall. Lawrence. White. Bicek.

7 112 B-KBI 8 P-C1R3 P-KU3 9 PxP QxP 10 BxKJ 11 QKt-QJ Castles 12 P-KKI4 B-K3 Bl-ick. p-qi P-K4 3 1'IKf p-or, 4 Kl KB3 Kt JB3 II KIM KKI-KJ I KH3 Kl-KlS SIXTH BOARD-QUEEN'S OAMBIT DECLINED. Pillsbury. Lat.ker. White.

Black. 1 P-QI P-QI 2 (JB4 P-K3 8 Kt-OB8 Kt-KUJ Plllhury. Lnsker, While. 1-iiuek, 10 IU-K4 B-K2 17 Kl-QPckK-11 IS Kt-Kt Kt4 la P-B4 Pills) Q-V) 21 QxBP Q-Ht B-K 23 Kt-Kl4 P-Ilt 21 Q-RPck 111 2:, B-Bl 113 RxPik QxR 27 R-KB 211 KxQ P-Q) 2) 0Hk Kt 30 Kt KS Heslgas 4 Kt IU P-HI 8 Kti lll'xl' QxP 7 BxKt Q-UI H-Q 10 P--K3 11 KtxKt 12 QxllP 13 14 Cant I es Q-Q3 Kt-B3 PxP PxP II-Q2 KI-K4 PxKt KtS QxKtP R-ll R-B2 SEVENTH BOARD SICILIAN DEFENS8. Barry.

Mlrses. Brtrrv. MIcwib. White. Black.

1 I'- K4 P-QBI 2 KI-QU3 P-K3 P-Q4 PxP 4 QxP Kl-QDS I Q-HI Kt 113 II II KKtS B-K2 7 Kt -lis P-KIti White. Black. KB P-QKU 17 KtxP Kt HQKt-04 R-B5 Hi Kt 111' KxQ 0KlxQik K-RI Jl Klxll RxKt r.sp 2.1 Kt 24 n-Qt 23 Rxll p-m 17 P-KI3 28 ft QII8 29 Kt-Qt 30 ItxR RxltP K-R4 ttilt Kt Bl R-BI P-Kl P-QI14 Kt- KtxR 8 114 t'us'les CHSlU-S P-lii 11 lixll 12 U-Q2 I--KI4 II PxP It BxKt P-UH3 Kl-K QXi P-KB4 KI-KU KKBrk ItxP Found by the Police at His House Lata This Afternoon. Dr. William E.

Woodend. the missing broker, whose offices are at Si Broad street, Manhattan, was arrested at hl home shortly after three o'clock this aftcnoon ar.6 was taken to police headquarters. TWO FERRY FRANCHISES SOLD. The New York and College Point Ferry Company was the only bidder at the public sale at noon to-day of the two ferry fran chises now controlled and operated by that company. These franchises are for ten years with aa option of a ten years reneral.

The company bid the upset price, of a rental S4 per cent, of the gross receipts, or, if the Zhm per cent, did not amount to 14.000. to pay a Cat ll.OoO rental to the city. CITY NEWS IN BRIEF. QUEENS MAP BILL SIGNED. Governor Odell has approved the measure permitting the appropriation ot $500,000 in any one year tor topographical work in Queens.

a CITIZENS PAY WATER RENTS. About ten thousand citizens paid water rents yesterday, and Registrar McGuire took in $17,434.5. FREDERICK D. FAGG RESIGNS. Frederick D.

Fagg, secretary of the Eastern District Branch ot the Y. M. C. has been forced by ill health to relinquish, bis work here. His resignation waa handed in last night to take effect on September 1.

HELD FOR SWEETHEART'S MURDER. Domiulck Antello was held to-day for the Grand Jury on the charge of killiug Nellie Flannlgau on March 4, at 147 Rockaway avenue. Nellie was Dominick's sweetheart. MAY BE NEW DEPUTY THIS WEEK. Speaking of the appointment of a deputy police commissioner to succeed Henry F.

Huggerty, of Brooklyn, Commissioner Me-Adoo said to-day: "The stork has been hovering around but it has not yet brought a new deputy. It has been coming a little bit closer, however, and I think we shall know something definite by Saturday possibly by Thursday." HOLD MAYOR'S VETO USELESS. Some Republicans in Brooklyn to-day were of the opinion that Governor Odell might go ahead and sign the municipal Justices bill, which was vetoed by the Mayor yesterday. ACCUSES SPECIAL OFFICER. Henry Rau.

a special policeman at the Folly Theater, was charged with unnecessarily clubbing William Elssler, 19 years old, of liiO Suydam street, a patron at the playhouse, last night. The officer was paroled pending a hearing, and he also made a charge of assault against Eissler. BABY RUN OVER BY A WAGON. Walter Cahlll. 3 years old of 336 South Fifth street, was run over by a wagon on Broadway yesterday afternoon and badly injured.

He was taken to a hospital aud his condition to-day was serious. OFFICER SAVED, BOY. Patrolman Barry, of the Gates avenue station, saved David Dougherty from being run down on Bedford avenue yesterday afternoon. Dougherty was pulled from beneath the horses' hcofs lust in the nick of time and (he officer's action was applauded by bystanders. $3,000 AND JEWELRY STOLEN.

Several Italians were arrested at a steamship Dler in Manhattan this afternoon, on a charge of stealing $3,000 in cash and an amount of jewelry from the house of a fellow countryman in White Plains. They will be taken to White Plains to-morrow for examination. MORE ROTHSCHILD INDICTMENTS. The Grnd Jury in Manhattan to-day returned two additional indictments against David Rothschild, former president of the defunct Federal National Bank. It is expected that District Attorney Jerome will ask for an increase in bail because of the additional indictments, to-morrow.

HEARST AND HARRISON. Both Apparently Win in Chicago Through Compromises in Three Wards. (Special to the Eagle.) Chicago, May 3 As a result of yesterday's bitter primary fight Carter H. Harrison is, according to the latest returns, a winner by a small margin. At the same time W.

R. Hearst, on the face ot the returns, appears (o have 238 delegates out of 449 delegates for the state convention. This is a majority of nine in the city. The suburban delegates are for Hearst. His total is orobably 280 out of 491 in the county as against the city for state convention delegates.

Compromises were affected In the 23rd, 2th and 30th wards under which Harrlsou got votes of delegates for national committeemen and control of the machine while the same delegates are to vote for Hearst for president. This is the reason why both Hearst and Harrison both probably win. ONE CAT, 30 CENTS, 2 DRESSES. Bankrupt "Housekeeper" Ann Harrison's Assets Don't Go Far Toward Meeting $15,498.12 Liabilities. STATEMENT OP ANN HARRISON'S FINANCES.

Liabilities. Uniecurcd debts Ateets. Cash Two dicssee, total value One cat, value not stated Tho above is an itemized statement of the financial condition of the Ann Harrison, a housekeeper living at 10 Utlca avenue, Brooklyn. The officials of the Federal Court where the said Ann Harrison to-day filed a petition in voluntary bankruptcy are high In their praise of the consciousness and frankness of the petitioner. When Lord Byron reached the age of 21, according to his own testimony, ho "looked himself squarely in the face" and mado a rigid Inventory of hlmsolt ana his possessions, mental as well as material.

Ann Harrison's inventory of her possessions has not been made at so early an age as was the English poets and she has not confided to the court her estimate of the value of her personal qualities, but In some respects she In her petition ns plain, slralghtlorward and trunk as was Lord Byron. "Petitioner bankrupt has no cash except 30 cents," she says by way of introduction. "Petitioner has two dresses; ha3 no household goods, furniture and no wearing apparel except such as is on her person aud one other dress. She has no Jewelry or other ornaments; value of two dresses, $3. "Petitioner neither owns nor has any books, prints or pictures," 13 the next firm nnd precise declaration.

"Petitioner owns no horses, cows, sheep or other animals except a cat." Ann Harrison then declares that she owes $15, 498.12, and thnt none of her debts are secured. Most of her debts, she says, were contracted In 1894. When an Kagle reporter called at 10 Utlca avenue the young woman who answered door said that Mrs. Harrison wus not at home. The young woman refused to give any further Information.

The lloilte Is a four slirv frame structure of rather laro size. A tradesman near by said that. Mr Harrison was a contractor. ST. JOHN BAPTIST SOCIETY.

(Speelnl In the Eagle.) Albany, May 3--Th, St. John Einptlst Society of Augrl Province of Salerlno, with headquarters In Brooklyn, has been Incorporated with the State brparlment. for social and mutual bomfU purposes. The dlrec. tors fir? Githrleln Capono, Amcllo Onribaldi, Giovanni Damaro, Giovanni Grlmaldi and Sehastliino Do Mrrlno of Brooklyn.

Money Intended for Several De partments Totals Thirty-seven Millions. A LARGE NUMBER OF BIDDERS. It Is Controller Grout's Policy to Have Great Sales and Only a Few of Them Hereafter. Controller Grout to-day opened bids of 100 financial concerns and individuals for of city bonds. The issue was seven times over-subscribed.

The figures offered are slightly above par, ranging from 100.08 to 100.79. The Controller expressed himself as satisfied with the showing made, considering all the circumstances. The bids are, in part, as follows: The Knickerbocker Trust Company lid and J600 interest for the whole issue. A syndicate consisting of the National City Bank, Kuhn, Loeb Speyer 4k and Harvey Fiske Sons at-ked for the whole issue at 100.41 or thty offered 100.08 lor a part of the issue. Anotht-r syndicate which was comprised of the First National Ilauk, the National Bank ot Commi.ree, the Giniran-tc Trust Company, the Insurance Company and the Equitable Life Insurance Company bid 100.57 lor nil or none of the issue and 100.03 for a part of it.

Kidder, Teubody Co. and Baring, McGoun Co. bid 100.79 for all of the issue. There were a number of small bidders including the Brooklyn Bank, which asked for S100.000 of the issue at par, the Ilamillou Trust Company, which bid for $200,000 at par; the Kings County Trust Company, which asked for $300,000 at 100 17 and nt 100.27. The Coal and Iron Bank bid for $700,00 Oat par.

J. N. Seligman wanted $10,000,000 of the issue at 101.43. The sale was attended by representtives of many out of town bank ing houses. Mayor McClellan and most of the city officials were present at tho salo and much interest attended tho opening of the bids.

This required nearly au hour. Soon after the salo had been concluded Controller Grout stated that the issue had been over subscribed seven times. This means i that $253,000,000 was offered at the sale. The bond sale which Controller Grout conducted to-day was the largest that has ever taken place in this city. The proceeds of the sale are to be devoted in part as follows: For rapid transit purposes, for the Department of Docks and Ferries, for school houses and sites, for the construction of bridges over the East River between Manhattan aud Brooklyn, and between Manhattan and Queens, for the construction of a bridge over Newtown Creek, from Manhattan avenue, this borough, to Vernon avenue, Queens, for repaying, for the construction of the easterly wing of the Brooklyn Institute of Arts and Sciences.

for the Department of Public Charities, for new buildings for the Department of Health, for Fire Department purposes, for acquiring Carnegie library sites, for the Improvement of Atlantic avenue, this borough, for the construction of sewers in this borough, for the purchase of a new stock and plant for the Department of Street Cleaning, for replenishing the fund for street and park openings, $000,000: for interior public baths, for additional water supply, for, parkways and drives, for armories and sites for the same, for the payment of assessments, for the new aqueduct, Manhattan, and for assessment bonds, $5,000,000. Of this issue of corporate stock. 000 was authorized by the present adminis tration, and the- balance by the last two seeding administrations. Somo of the biggest items authorized by the present ad ministration were $3,000,000 for $1,000,000 for additional water supply; for Carnegie libraries; $200,000 for the Street Cleaning Department; $600,000 for replenishing the fund for street and park openings; $150,000 for the improvement of the parks, parkways and drives of the city. To-day's bond sale may be the last of the year.

It Is the opinion of Controller Grout that better results will be accomplished by having fewer sales, with large issues, than by holding sales frequently, and selling the bonds In small lots. MR. CLEVELAND'S LECTURE. Reviews the Chicago Bailroad Strike of 1894 Before Princeton University Students. In Alexander Hall, at Princeton University, last night, former President Grover Cleveland delivered the Stafford Little lecture, taking as his subject "Government in the Chicago Strike of 1894." This strike, which followed a reduction in the wages of the Pullman Palace Car Company employes, occurred during the second term of Mr.

Cleveland in the White House. Federal troops were sent finally to Chicago to quell the rioters, and there was an Interesting exchange of correspondence between the President and Governor Altgeld of Illinois. Mr. Cleveland reviewed conditions existing which faced his administration in 1804 and then described the troubles between the car company and Its employes In He told of the many attempts which were mado to settle the strike without government interference, all of which tilled. The strikers grew more and more violent, and when It came to the point where the United States mails were seriously Interfered with and the lawlessness of the strikers seemed to have no bounds a formal request was made by the United State marshal, supported by the Judges and attorneys for the Federal courts, for Federal troops.

The request was immediately compiled with, and regulars were sent from Fort Sheridan to Chicago. An executive proclamation issued by the President calling upon oil to refrain from unlawful obstruction, combinations and assemblages, together with the wlaa use of the Federal troops and tho enforcement of tho processes of the Federal courts, resulting In the arrest of the officers of the American Railway t'nlon, stopped the rioting, the strike ended, and commerce and the mails proceeded unobstructed. Concerning the correspondence which parsed between Governor Altgeld and the chief executive, Mr. Cleveland said: "This official not only refused to regard the riotous disturbances within the borders of his stato as a sufficient cause for an! application to the federal government for Its protection agninst domestic violence, under the mandato of the Constitution, but actually protested against the presence of Federal troops sent into the slate upon the general government's Initiative and for the purpose of defending Itself Iu the clenrly defined exercise of its legitimate functions. The discussion following wn3 illuminating of the whole question of state's rights and Federal supremacy, concluding with this dispatch from Mr.

Cleveland: "While I am still persuaded that I have neither transcended my authority or duty In tho emergency that confronts uh, It seemB to mo thai In this hour of danger end public distress discussion may well give way to active efforts on tho part of all In authority to restore obedience to law and to protect life nnd property." "This," said Cleveland, "closed a discussion which In Its net result demonstrated how far oho'b (linposll Ion and Inclination will lead him uslray In the Held of argument." In closing. Mr. Cl. velaiid mndo brief reference to the legal procedlngs which grew out of this disturbance, "and finally led to the adjudication by tho highest court In our land, establishing In an absolutely nuthorltn-tlve manner and for all time the power of Ihii national government to protect Itself In tho exercise of its fui" ot S600, 000 Must Be Raised Be fore Any Work Can Be Done by Company. SITE IS NOT YET SELECTED.

Directors of the New Enterprise Trying to Avoid Boosting of Eealty Values. The subscriptions to stock In the new Academy of Music Corporation have reached the sum of $264,100. One hundred and two persons have subscribed since the books were opened on April 20. By the act incorporating the company at least $500,000 must be ralced before any work can be done, and the executive committee voted to raise that figure to $600,000, so that the company etill has more than half of the necessary amount to The names ot the subscribers to the shores In the company, thus far, were made public this morning. Ten persons have subscribed to 100 hares each and nineteen have taken fifty shares.

The balance of the stock has been sold in lots from onj to thirty snares. The most difficult question which the company has to contend with is the welling of sufficient stock to enable it to commence the actual work. As yet no definite location for the new Academy has been settled upon, nor will any be selected until sufficient money is on hand to acquire the necessary property. This la due to the fact that there are many persons In various parts ot the city, wherein the Academy can be built, who have offered to take stock and will be glad to get it if the building is erected in their vicinity. If the company should decide or even advocate or suggest a Pite in the neighborhood of the Borough Kali, the property owners would place their values unreasonably high and beyond the reach of the company, while those persons farther uptown would withdraw their applications for stock.

The same thing would most eertainly happen if a Bite within a reasonable distance from South Oxford street, which is the eastern limit, should be selected. There would be much dissatisfaction and considerable lack of nupport from downtown. For these reasons no site has talked of, and the committee, or company, has decided absolutely that the question of the location of the new Academy will not be considered until $600,000 Is raised by stock subscriptions. However, it has been learned thnt there has been some quiet dickering and that several sites are under consideration bv penrons who will be obliged to pass upon the matter ultimately. The Brooklyn Academy of Music Company invites every public spirited citiien of Brooklyn to subscribe to the stock, and of course every subscriber becomes -on owner of the real property to the amount of his investment.

The erection of the Academy will not only a great social success but the corporation expects that It will bo rented on an average of five nights a week from October to May. The old building, which was destroyed, possessed faults which made this impossible, but no antiquated structure will be erected now and the now Academy will be a most desirable theater. Many western cities with lsss than one half of Brooklyn's population have had a finer building for great public functions than Brooklyn. The names of the subscribers and the Bum-ber of shares taken are as follows: Subscriber. Charles A.

Edward 25 James L. H5 Sanford H. Si W. St. J.

20 William O. Low 20 L. A. Fish 20 Hannah Maria Maeon 15 Arthur M. 15 J.

A. 10 Mr. M. Bell Hazen. 10 Helen Herriman 10 Henry E.

Plerrepont 10 rank Lyman 10 Percy O. 10 Rossiter W. Raymond 10 Edsar S. Hicks 10 George H. 10 Charles O.

Gales 10 James H. 10 Geo. P. Tar.Reman.. 10 Francis 10 Joseph B.

Brown 10 Mrs. H. K. 10 R. B.

Chittenden 10 Herman Melstr 10 Tlieoaore F. 10 Abraham Alexander M. Whlte.100 Henry Batterman mo Frank 8 10P Alfred T. 100 Geo, Foster Peabody.100 Thomas Potts 100 T.owell SI. 100 William H.

Henry Hentz Joost 50 John M. Moser 50 C'artl H. De 60 A. 50 Frank L. 50 AVm.

Augustus White Frekd. Loeser Co. 50 Brooklyn Dally Eagle 50 Isaac H. Cary. 50 Willis L.

Ogden 60 Samuel W. Boocook. 50 F. B. nuryea.

50 Herman A. SO L. W. Lawrence 50 Estate of Arthur W. Brnson 50 Chan.

B. 50 William Dick 50 Henry Roth 50 Kfoen J. Knowlton 50 Rnbt. B. Woodward.

30 Wilhelnius Mynderse 25 Crowell Haulcn 25 34 from 1-5 phareg. lit. 101 subscribers, $264.10. Awlrew Meurer I. S.

Collin Ie Grand JSeers Gpo. H. John Dftmns. Henry L. Cioniffo CI.

Albert a. McDonald. 10 William Berrl 10 OPERATION ON HUMAN OSTRICH. Fassel Under the Knife Three and a Half Hours Is Still Unconscious. John Fassel.

23 years old, ot Varet street, who was known as "tho human os-trict," was operated upon to-day In the German Hospital for the removal of a number of steel keys and steel chains which he swallowed at an entertainment on last Saturday night. Fassell tor a number of years has been giving exhibitions of his ability to swallow nails, steel keys and small chains at different vaudeville entertainments throughout tne borough. He was operated upon two years and at that time sras warned by the phyiiiclans to desist frcm his exhibition. He did not do so, however, and last Satur day night, after giving one of his peculiar exhibitions, ho was taken violently HI and had to be taken to the German Hospital, wnere ur. uooe to-day operated upon him, Tho result of the operation could not be learned, as the hospital authorities were very reticent In the matter.

It was learned, however, that the operation took three and one half hours to com plete and It was stated that Fassel was still under the influence of anesthetics. His con dltion is supposed to be serious, but none of the surgeons could be seen to speak of tha matter. MC ALEIR'S THEATER PARTY. At the monthly meeting of the Thomas Mc Aleer Association at headquarters. Bedford avenue nnd South Second street, last night, James Devltt, the president, presiding, and Andrew Dixon recording, James Kerrigan the chairman of the entertainment committee, onnounced that more than two hundred tickets had already been disposed of for the theater party to-morrow.

Tho affair will be held In the Novelty Theater for the benefit of Mansfield Post, G. A. R. After the performance the gathering will take possession of Cecilia Hall, In Grand street, where supper will he served, to be followed by dancing. MECHANISM OF THE EYE.

Much Interesting Information about the eye was given by Professor G. H. Parker, S. of Harvard I'niversity, at the Art Gallery last evening (Brooklyn Institute) In a lecture on "Tho Eye as a Nervous Me onanism." It was Illustrated by charts aud dingrams. INCREASE I If STAMP SALES.

Postmaster Roberts reports a 2i per cent. in stamp 'cs In April, 1904. compared to the ssme month last year; $171,587,118 worth of stoinns wers sold at tho local office In tho past month. SUICIDE BY SHOOTING. Hurry Clark, 25 years old, of 140 West One Hundred and Sixteenth street, Manhattan, committed suicide to-day by shooting himself In the head.

expire In The third explr- in P--1. the end of the term of existence of the orig inal -ec of the franchise. Noneit the Franchise Covers Entire 'J Borough of Brooklyn. 'The fourth expires in lWS and possibly is subject to forfeiture to-day. The fifth con sists of a contract which expired in ISM.

The sixth ends in ll'H. the end of tho term of existence of the original grantee of the franchise. The seventh constituent company does not seem to have obtained any municipal consent. None of the franchises above referred to cover the entire Borough of Brooklyn. Mr.

Klves. former corporation counsel, in an opinion rendered to the Department Water Supply. Gas and Electricity, held that the Brooklyn I'nion Gas Company had no rights whatever to extend into the Twenty-sixth Ward, formerly the town of New Lots. "The certificate of incorporation of the Brooklyn Union Gas Company states that among its purposes are the manufacturing and using of electricity for producing light, heat and power and the lighting of streets, avenues, public parks and places and public aud private buildings of cities, villages and towns within the State of New York. The provision of the bill that no electrical franchise shall be coufcrred 'by this section' is very adroitly worded and tends to give color to the construction above contended tor, especially in view of the striking out of the words 'in said portion of said borough' as above described." The East River Gas Company of Long Island City was incorporated May 6, 1890, to do a gas business In the County of Queens, In the City of Long Island City, and in the Town of Newtown.

This statement was made In its certificate of incorporation in accordance with the requirement of the pas companies act of February IS, 1S48. that such certificates should state the county and town iu which the operations of the company were to be carried on. "That act also empowered any company organized under It to manufacture, supply and sell gas in the county and town named in its certificate of incorporation. The county of New York was not named in such certificate. "Chapter 338 of the laws of 189 conferred upon the company a franchise to do business in New York County.

If the franchise of 1802 had been conferred by the Board of Aldermen of the former City of New York It would undoubtedly have been void as having been conferred upon a company which was not chartered in a proper manner to enjoy a franchise. "Under such a state of facts the present bill conferring such franchise upon the successors of the East River Gas Company would, in effect, confer upon the successors of that company a franchise which that company alone could never own and therefore, never convey. This conclusion must inevitably follow even in the present case, unles Chapter 338 of the Laws of 1S92 shall be construed to amend the certificate of incorporation of the East River Gas Company. It is true that that act purports to repeal all general laws which are in any way inconsistent with the act, but no intcatlon to amend the certificate of incorporation of the East River Gas Com pany appears from the title of the Act of 1SU2 or from any express language contained in the act. The Intention to make such amendment Is purely a matter of inference.

"On December 21, 1SU3, the New York and East River Gas Company was incorporated under the transportation corporations law, to do a gas business in York and Queens counties. In I8H4, it acquired title to all the real, oi.ate of the East River Gas Company in Long Island City except the tunnel then under construction under the East River, aud also to all the 10.000 shares of the stock of the East River Company, and it mortgaged said real estate and shares of stock and also apparently all the mains, pipes and plant of that company to secure an issue of $3,500,000 of fifty years 5 per cent, bonds. The East River Company seems to have retained only the tunnel and the 1871 and and apparently still retains them. It retained and still retains a separate board of directors. Those elected In January, 1904: James Stillman, William Rockefeller, George F.

Paker, Samuel Sloan, Moses Taylor Pyno, John Sloane, Anthony N. Brady, Harrison E. Gav.try, Emanuel Lehraann, Thomas Ryan, James Jourdan, John W. Sterling, Stephen S. Palmer, are readily recognized as actively inteiested in the Consolidated Gas Company, Brooklyn Union uas Company and the Standard Oil Company.

"The East River Company even went so far as to contract with the City of New York for gas to a few public buildings in Manhattan. The last such contract seems to have been made for the year 1897. Iu Long Island City it is a bidder every year for gas to public buildings, and this year it bid for street lights. "It never furnished street lamps in Manhattan under the act of 1892. Slightly over 108 miles of mains were laid In Manhattan from Bleecker street to One Hundred and Thirty-sixth street.

The first gas furnished through them was In November, 1894. Up to and including November 14, 1902, $130,601.89 was paid to the City of New York under the 3 per cent, requirement of the 1892 franchise, the last payment in said amount having been for the year ending September 30, 1002. In 1897 the New York and East River Gas Company secured control of the Northern Union Gas Company and the Central Union Gas Company in the Bronx and it guaranteed the bonds Issued In that year by the latter company. On March 5, it consolidated with the Equitable Gaslight Company to form the New Amsterdam Gas Company. How can It be said that the East River Company laid the 108 miles of mains under the act of 1892, when all it owned was the tunnel and the 1871 and 1892 franchises and the money to pay for the mains was raised by another company? How could that East River Company own the mains when they were pledged by that othor company to secure tho bonds issued to pay for laying them? How could the East River Gas Company supply gas to buildings when all of its property except the fran chises and the tunnel had been conveyd to anotner company? "Why, if the East River Company did not lay the mains undor the act of 1892 and did not supply gas to buildings, did it pay anything to tho City of Now York under the act of 1892? Perhaps, 'if (he' whole' transaction were thoroughly Investigated, we should discover why the ownership of the 1S92 franchise was retained in spite of tho claims of the counsel of the company before the Mayor that that trancnise was readily assignable without tho use of the words, 'Successors and assigns, in the present bill.

There must have been some very Important reason tor keeping tho separate corpor ate existence of the East River Company end for ita retaining the tunnel, and the 18P2 franchise and some very equally reason must have Induced the representatives of the company to testify under outh (as I am Informed they did) that that franchlso had been parted with; and why did the New York and East River Gas Company guarantee the bonds of the Central Gas Company and not those of the Northern Union Gas Company? ALL OFFICERS EE-ELECTED. The annual meeting of tho department of mineralogy, Brooklyn Institute, was held last evening at 602 Fulton street. Tho officers were all re-elected: George E. Ashby, president; Frederick Kato, vice president; Charles L. Hatch, secretary, and James Walker, treasurer.

Mrs. Helen W. Joy, Miss Linnie Smith, Thomas J. Miller and T. N.

Glover wcto added to the executive committee. I SOPHOCLE3 IN HICKOEY FABM." The Sophr.cles Dramatic Society will be tern In "Hickory Farm" to-morrow evening, at Ariuii Hall, Arlon place, near Broadway. When We Tell You that JIale's Honey Iloro-iiolMKl tllid Tar will cure your cough or cold, we know whereof we speak. Sold by all druggists. I'tke'i Tnfjtlmche llriipii rure In fine Minute..