The Brooklyn Daily Eagle from Brooklyn, New York • Page 20

Tills BROOKLYN DAILY EAGLE. NEW YORK. THURSDAY. DECEMBER 31. 1903.

20 SPECIAL ADVERTISEMENTS. RUSSIAN LINE SUBELY OFF. IHE AGLE WILL NOT BE PUB SOL TEXT BOOK ISSUE GiTY 1IJLL IS DECORATED temer of the wife and that It this' could be I construed Into abandonment, then the defendant bad abandoned her. "We make no charge against the mcral Character of the plaintiff," said Mr. Bamberger, "and they cannot say a word against him.

The papers in the complait allege that the defendant has an Income of $20. WANTS PIT FOB THE GAS WHICH THE CITY flCCEPTED 1 rr All Want The Best- of everything. In whiskey you get It In Baltimore which never disappoints In quality, age, purity or flavor. Test by taste you'll take It. A.B.

H. AHTFKANKMiMtA.ltoiinliisntMlTM, II H. Willlniii Now ork, M. V. A VAL WOODRUFF WISHES HIS FRIENDS A HAPPY AND PROSPEROUS 1201 FULTON INDEX To CU-alfled Adv-rtiacmcnU in To-i ft ywri ft IWEpAli MMfPRVl Otw and keeps four horses and moves In the best society In Brooklyn.

We refute this. As to the four horses, one was an old plug that sold for $4. while another sold for $15, and the third died on our hands." Lawyer Bamberger admitted that his client received $5,000 a year income, but he said that the defendant was called upon to support, his mother and sister, while the plaintiff had been given the use of the Bay Ridge home, which bad fourteen roons. She could take in. boarders, he said, but refused to.

To this Lawyer Hyde replied that the Bay Ridge house was practically uselt-ss to her, as It gave her no means of suport aud that was what she wanted. As to her violent temper. Lawyer Hyde denied that the hadoue but said that the defendant's mother and sister lived' with the plaintiff and defendant for ten years aud he had known of wives to show temper when they bad been obliged to live with 'fheir husband's folks. Justice Marean took the papers and reserved decision. GEORGE W.

HART PROMOTED. George W. Hart of 325 Carlton avenue, a prominent member and former officer of U. Grant Post No. 327, G.

A. has been promoted by Mayor Low from an 'inspector of weights and measures at $1,200 to a sealer of weights and measures at $1,500 a year. He succeeds John H. Smith of the Seventh District, resigned. SPECIAL ADVERTISEMENTS.

Good Sense Shoe FOR MEN, WOMEN AND CHILDREN. Our Combination Shoe. A combination of excellence no other shoe has yet' arrived at the combined perfection of fit and comfort. The combination which gives the wearer plenty of good, roomy ease across the toes, as well as a snug, closely-fitting instep and heel. The right fit all over the foot.

Hence the easiest and best shoe for man or woman. Other good styles of shoes here for men, women and children besides the Combination." If you don't care for ready-made shoes, look into the Custom Dept. Exact fit, with the best of leather, workmanship and style. No better service anywhere in made to-order shoes. The doubled trade of the past few months in Custom Slioes tells its own story of satisfied customers.

SOLO NOWHERE ELSE. JAMES COWARD, 2o8-274 Greenwich ncarWarrcn Mail Orders Filled. SEND FOR CATALOGUE. Protect Valuables and Securities VAULTS OF FRANKLIN SAFE DEPOSIT COMPANY in Fireproof Building of Franklin Trust Company, Montague and Clinton streets! burglar proof i best modern construction of steel. FIREPROOF.

Surrounded 03 all sides by walls of brick laid in cement the best safeguard against fire. Send for Illustrated Hook let. PROPOSALS. KOU KIDS AM) KSTI MATES FOR THE CITY OV EW YOllk. OTHE TO COXTHACTOHS.

GENERAL INSTUUCTIONS TO The per non or person muklntf a bid or entlrau Tins Oty uf New ur 1 ir -iny of Km tltjrl-nients. huteiHi! or uiMcea. eh all furnish the nairn In a rfi'iilwd Ind.irei-ti with iho tit) it the auijii.it HiRterlitlu wurk ur ft vice Ur which the bid or ftttlmiitH In mini, with hl their name or niinu-ii mi. I the of prem-iranon. the rreMuh'nt ur lloai-1.

ur to the he 1 of tho Department at hi ur lm oftice, on or hefure th date tin 1 hour nutned In the advertl-arm-nt for thu tunne, Ht which tiniw and oHtlnwilpa received will publicly upent'd by tlio l'rcltlent or Honril or or uaUl Department, und ami the award of the contract nwW accord! nt to luw utt noun tlwrmller uf praetti'Hi'ie. Rich hid or ectliimttf Hhall contiln the namff anil place of n-HWIeiice of tho pf-rm waking the game, the names of ail per son liueientcl with him ihr--in and If no uther pin he po Interested tl ahull distinctly Ma if that fact; altto. thitt It Is made without any nnectlon with any nthor peiiton making uti entPnate for the nn.e pnrpoNH. and 1 in all rr-ti fair and without culluslon or fraud, and Unit nu tm-mln-r of ihe lioard or Ald-nnn, ln-ad i a department, ehiff of a hun-au. deputy th-n- i or clerk therein, or mimr utttcer of The City of New ork.

W. nhall be or t'ceome Interenied dtJ.ctlv or Indirectly, a coniiacttii party, partn- c. Moekhohler, iim-ty otherwtro In or In the eri'iirrnutieu of the con-irei in Dm work or biiflnraa to wiitr-h tt r.tittei. or In any portion of the profttt r-S nr mimt be veilfteil h. i.

in writing, lli imrlir or ihnt ie several mniuiie- herein are ue arromnnnled hy Coward LISHED TO-MOEEOW. SYLVESTER IN GERMAN CIRCLES. Many Belated Christmas Entertain ments to Be Held by Societies. While no special arrangements have been made by the large German societies for Sylvester entertainments the members nevertheless will assemble at their halls and enjoy the last hours of the old year and welcome with good cheer the new. Several belated Christmas reunions, however, will be celebrated by other societies in connection with a farewell to the parting year.

The Concordia Quartet Club will hold a reunion at A. Drees' Keystone Hall, Pennsylvania avenue. The Rheinlust will ar range a Christmas reception at Gottlieb Hall; the Concordia, S. at Concordia Hall, Prospect avenue; the Roth- maenner Liedertafel at Gebhardt Hall; the Caecilia Quartet, Bushwick, at Its head quarters: the Eighth Company of the Concordia Scbuetzonhund at Garfield Hall, while tne uottscneer Maennerehor will arrange a mask reunion at Hall. JUMPED FROM FIRE ESCAPE.

Woman, in Panic When flames Scorch ed Her Dress, Leaped to Street; but Slightly Hurt. During the excitement ot a Are yesterday evening, on the first floor of the three story frame house at 613 Third avenue, occupied by Max Estrim, Mrs. Sarah Lewis, who re- siaes on the lop floor, jumped from the fire escape to the sidewalk and escaped with a few bruises. When the smoke reached the top floor to the apartment of Mrs. Lewis she became panic stricken.

Shrieking at the top of her voice, she ran for the stairs as tar as the first floor, where the Are was. Here she found her escape cut off. and she ran back to the top floor and got out on the fire escape. She started to make her way down the iron ladder, and reached tho first floor, when a tongue of llame scorched her dresg. and in her fright she leaped to the sidewalk, a distance of 15 feet.

The fire amounted to but a trifle. The blaze was caused by thawing out frozen pipes. Mrs. Lewds was bruised on her back and legs. Dr.

Durham of Seney Hospital attended her and left her in her home. SAY "NURSE GIRL'S" A SLEUTH. Detectives Declare Pretty Kate Everett, Employed by Arthur L. J. Smith, Keeps Tabs on His Wife.

While the marital troubles of Mr. and Wis. Arthur L. J. Smith ot 110 Prospect Park West are being aired in the courts, there has been no abatement la the frigidity between husband and wife, living In different apartments In the same house.

In fact, If anything, the humiliation to which Mrs. Smith says she has been subjected has been Increased, according to what she told two detectives whom she summoned to her home to ask their advice about getting rid of a certain woman in the house, whose presence is very objectionable to her. The woman is Miss Kate Everett, pretty and young, who is employed by Mr. Smith as a nurse to care for his 9 year old boy. Mrs.

Smith also has a nurse for the little fellow. Her name Is Frances. Whenever the little boy goes 4n the park, or takes a walk along Prospect Park West, both girls are with him. Frances pulls the little patrol wagon in which the boy sits and Kate walks behind. Kate has only been living in the house for days.

The detectives say she Is the agent of a detective bureau in tho guise of a servant girl, and she shadows Mrs. Smith wherever she goes. The detectives say, if Mrs. Smith leaves the house, the girl Is at her heels, and Is a source of continual annoyance. Mrs.

Smith appealed to the detectives to give her some advice as to what she coul 1 do to get the girl out of the house. The detectives told her to get a warrant for the girl if she annoyed her by following her about, as they were powerless to do anything in the matter. Mrs. Smith has tho sympathy of the other servants in the house, especially the cook, who is a brawny woman, and sho has volunteered her services to eject any person in tho house objectionable to her mlstreRS, with the exception of her master. The detectives also say that a physician who knows Smith very well told them that Smith plays cards in the parlor with Kate.

'WHALE ON!" THE CRY. Four Crews Chased Leviathan Off East- hampton To-day, but Pursuit Was Futile. (Special to the Eagle.) F.ttsthnmpton, L. December 31 A largo right whale was sighted off this place this morning and great excitement prevailed while the crews were making preparations to go In quest of him. Four boats with sturdy crews put off and mndo for the whale, which Immediately started for the westward.

The chnse was kept up for a couple of hours In the face of a strong northwest wind, but the whale was too fleet for the boats and he distanced them. Captain Everett Edwards, also, got within four rods of him at ono time, but he went under and appeared again a half mile away. A close watch will be kept, as it Is thought he may again show up in the waters before night. CENTERPORT'S FELINE WONDER. Tabby Cat Catches Fish From String-piece of Dock Occasionally Dives In After Her Prey.

(Special to the Eagle.) Huntington, L. I December 31 This Is a story of what Is claimed to be the entropion cat and fish story If not of all lime, at least of the memorable year Just closing. Andres Titus of Centerport. proprietor of the tide mill at that place, has an ordinary looking tabby cat that has developed Into a wonder as a catcher of fish. She hss for several months devoted all of her time, when the tide is right and the seems to know Just when the fish run to catching tomrods and other smnll erjr.iir,H, jrr modus operandi Is as fnlluns: She takes up her position on the strlugplcre of tho dock near the mills, and as thr (l-ll pass striken si thorn with her pan', and in nearly vry In- allium suec.l tunning one.

Should ine miss anu tne nun is a oig ono she does not hesitate to dive Into the Icy water after It, and many have iieen caught that way. When a fish Is taken the rat mouths It as gently as the best broken bird dor would a quail, and starts for the house with tho prize, uhleh Is delivered to whoever may be about with all the pride Imaginable. Sumo of the llh taken by this feline wonder have weighed a pound each. Another peculiar feature Is that when ttibby recently had a large family depending on her. eui of which wits naturally pusHlniuitely fund of sea fond, she did not fail to deliver nt the house every (I'll I hill "lie The eat does lint mind being watched while engaged In piscatorial inirsulis: on the tontriiry, she seems too much etigrnsnod In Hie sport, nr.

rather, uork, us net in notice hIiiiI Ik going on about livr. When the flih come mar she ails aa he would Ahen a Illlillse I' and Is lllllll llalely a stale of nervous exell etnent until one Is cured. Miner Titus wilues hii cat highly. very Agents Here Admit Scheme Is Post poned for the Present. Yesterday's advices at the Maritime Ex change fully corroborated the fact published in the Eagle that the proposed Russian line between Odessa and this port has been abandoned for the present.

C. B. Richards A the agents of the line, arnounced yesterday that they understood the first sailing was to be about the middle of January. Mr. Richards had heard nothing from St.

Petersburg, but believed that the delay was due to the prospects of war between Russia and Japan. The Russian volunteer fleet has hitherto been entirely employed In the transport of soldiers and convicts. The ships scheduled to come here register 8.500 tons and are supposed to log twenty knots an hour. One of the principal features of the scheme was to tap the Italian trade at Naples and get a share of the expected rush of the coming spring. If the statements made were borne out.

the Russian ships could make the trip from Naples to New York In ten days. As it is. the average service is fourteen days, and not a few steamers take fourteen days to cross the Atlantic from Gibraltar. Outside of the war question, the trouble with thni Italian government about calling at N'uples has settled the Russian steamship line from Odessa for the present. Supposing these obstacles removed, It Is hard to see how the line could pay.

One of the avowed objects was to dolleel the immense Immigration from Russia' via Hamburg to the Black Sea ports and so te this country. There is no C. ect line lore from the Black Sea ports, hilt, the Hjiimburg-Aiuer-icaff Line keeps up. a sort 'Intermittent communication between the Lcvitpt and this port. This company's steamship Scriphos is now discharging' a cargo' at' Robinson's Stores from Odessa, Novoress'lsk', Batoura, Trelivzonde, Sntyma, Syra, Patras, Cata-bolo and CalamSla While these ships, of the Russian volunteer fleet are either owned by the government or heavily -subsidized', there does not seemtto be much show for additional competition in the Mediterranean trade.

MATSCHKE, BATTALION CHIEF. Permanent Appointment Comes to Him on His Birthday Salary $3,300. Bernard A. Matschke who has been, since May, 1902, en acting battalion chief in the Firo Department, yesterday had his rank made permanent. The salary of the place Is $3,300 a year.

To-day, December 31, Is Chief Mntschkc'g birthday. So the appointment comes at once as a New Year's gift and a birthday present. Chief Mntschke has been fourteen years In the Fire Department. He was long attached to 69 trucK. at Wallabout Market, and was then detailed to headquarters of Battalion 21, on Pearl street.

He has been therever since. His name has been on the roll of honor six times, und he is highly regarded by the men of the battalion. THOUGHT ONE GIRL ENOUGH. Judge Decides Artist's Claim for Value of Painting-, in Which Five Were Left Out. On the principle that an XX brand of flour is clearly worth less than an XXXX brand, A.

Price of 978 Lorlmer street contended before Judge Van Wort of the Second Municipal District Court, yesterdsy( that a painting containing the portrait of only one girl is obviously worth less than one which contains pictures of half a dozen girls. The trouble arose over an alleged breach of contract by Mr. Price. Harry Hoseland of 3r." Clinton avenue claims to have sold to Mr. Price seven oil paintings for $525.

on terms of $50 down and the balance in thirty days. Mr. Price says he did not agree to take all the paintings. According to his story, he wished to procure a copy of a painting recently sold In Manhattan for $t00. The picture represented an old woman fortune teller, surrounded by a group of girls, to whom she is telling their fortunes.

For a copy of this, which he ordered, he was to pay $250. He paid $50 down and later on $100 additional, hut when the painting was delivered Instead of a number of little girls belug depicted In the scene there was only one, and he maintained that the value of the picture was correspondingly depreciated. Mr. Hoseland denied receiving the order for the painting and Judge Van Wart decided tho suit in favor of latter, who received Judgment for the $375 claimed. MCLAUGHLIN HEIRS BEATEN.

Estate of Former Under Sheriff Not Entitled to Property Held for His Incompetent Sister. The decision of Justice Marean, some months ago, In favor of the plaintiff in the suit of Ann O'Connor, as committee of the estate of her sister, Grace McLaughlin, against Paulino McLaughlin, as executrix of the estate of Hugh McLaughlin, better known as "Bub" McLaughlin, was affirmed yesterday by tho Appellate Division of the Supremo Court. "Bub" McLaughlin died several years ago, leaving an estate of $750,000. For many years ho was under sheriff. The venerable Democratic leader, Hugh was his cousin.

The sull was brought by Mrs. O'Connor to ertiibllah a trust In the property at 51 Jav street In favor of Grace, who Is the youngest. oaugnter or me into and a sister of "Bull." The Jay street property belonged lo "Bub's" father, but under foreclosure proceedings It was sold by the sheriff and waa bought in by "Hub" for $1145." The deed, however, was not filed for record until three days after the death of John McLaughlin. It was always understood among the members of the fnmily that this house was to go to Grace, and It Is claimed by those who arc looking after the Interests of the Incompetent that "Bub" acknowledged that he held the property for her benefit. It went Into his estate, however, and was claimed to be a part or it by his heirs.

The court allowed the plaintiff rent for the properly for fifteen years nt $250 a year, with Interest at the rate of 6 per cent. The properly wai also valued at $4,750. The total Judgment, It Is said, will aggregate nearly $11,000. TO STATE PRISON FOR LIFE. Charles Burger, Guilty of Murder in Sec ond Degree, Sentenced by Judge Gaynor Yesterday.

(Special to the Kugle.) ong Island ''Hy. 1., December t'hnrle! litirger, the llohemlan farm h.ind wbo killed Henry Htemmler, a fellow workman, with an axe at Maspeth on Octobpr( convicted of murder In the degree In the Supremo Court at Long Island fliy yesterday afternoon. Hurger was Indicted for murder In the first degree. He wu defended by former District Attorney John H. Merrill and Ihe defense was insanity at the time the crime wbs committed.

District Attorney Uregg produced witnesses who testified tiial several times prior to Ihe commission of the crime Iturgcr had said he Intended to kill Htemmler. Medical experts were put on the stand by the defi use to prove that Hurger must have been Insane. They testified ihnt they had visited htm In tho Jell and found that his chin wns cold and bis skin had ''clammy" fi-el-Ing. Slid that he had other symptoms of Insanity. In rebuttal District Attorney flri'Bg called several physicians, and they lestitled th.it they had seeif Hurger ninny Mines jhico hie arrcsl and that he was perfectly sane.

The Jury wa.i out some lime mid after I hi vertlb-i had been announced Justice Oayuor Immediately- sfnleiired Hurger to Sing dug at hard labor Itir ihe balnnce of his life. Tho Kent, nee was depeatetl lo Hurger by an Interpreter, but hf showed no outward evidence of emotion. McClellan Will Begin Administration Amid Bowers of Greens and Chrysanthemums. NEW YEAR'S DAY PROGRAMME. Mayor Low and Heads of Departments A1V Beady to Turn Over Reins of Government.

Workmen and decorators were busy about the City Hall. Manhattan, to-day putting the building In shape for the Inauguration of Muyor McClellan and the new municipal administration to-morrow. Tammny will mak Its re-entrance into City Hall through a bower of greens and pink and while chrysanthemums. The arches leading from long corridor of the City Hall Into the public reception room of the Mayor are to-day completely hidden under these decorations, and the little square space between the reception room and the private office of the Mayor opposite resembles a miniature The corridor ot the City Hall Is lined on both sides with Christmas trees, and the walls are strung with greens, with hero and there an American flag to relieve the darker colors of the decorations. The front of the building has also been made to look festive for the occasion.

Two immense American flags. Intertwined, have been draped beneath the porch of the City Hall, in front of the Governors Room, on the second floor of the building, with the city's coat-of-arms nestling betweeu. In fact, everything possible has been done to make the scene of the passing of the municipal government from Fusion to Tammany control bright and cheery. The preparations for what little ceremony is to take place have been completed, and Mayor Low and his department heads are all ready to turn over the reins of government to Mayor McClellan and the men he has chosen to administer the affairs of the departments for the next two years. Mayor McClellan will arrive at the City Hall at about fifteen minutes before noon, and will call upon Mayor Low.

At a few minutes before 12 the outgoing and the incoming mayor will adjourn to the public reception room, where Mayor Low will formally turn the government of the city over to his successor. Thts done, the new mayor will sign the commissions of his heads of departments, who will immediately depart to take control of the departments to which I hey have been assigned, and the formal ceremonies will be over. As is customary, the new mayor will then hold a reception, at which all who wish to shake hands with him will probably have nil opportunity to do so. It is expected that there will be a crowd of curiosity seekers about the City Hall to witness the passing ol the government into the control of Tammany, and the police have made preparations to take care of them. The new mnyor will probably find things In better shape throughout the city departments than did his predecessor two years ago, although he will have as big a task on his hands as did Mayor Low then.

Mayor Low has laid over for the consideration of the incoming administration many questions of importance to the city and with these the new mayor will have to begin to deal almost immediately. Two years ago Mayor Low and his associates had confronting them a new condition of things In the changes made by the revised charter, and one of the first problems he had to deal with was that of straightening out the disorder in the city departments created by those chnnges. With none of those difficulties will the incoming mayor have to contend. GIFT TO JUDGE TEALE. Handsome Statuette as a Testimonial From Charities Department Employes.

The employes of the Department of Public Choritles to-day presented to the retiring deputy commissioner, Charles E. Teale, a handsome statuette as a testimonial, "he statuette Is a figure of harmony three (eet tall on an onyx base. With it was presented a printed address, signed by all ot the employes, which said In part: "You entered, lo most of us, a stranger, and you leave, to nil of us, a friend. When you came wo knew you as a partisan, strong In the opposlto political belief from that of most of ua Political differences sharply defined often keep apart superior and subordinate, because of fundamental and deep rioted divergence of belief. The natural misunderstanding is allowed to remain.

Lack of confidence leads to friction and sometimes develops Into official Inharmony in departmental affairs and personal strife nnd animosity within the official family. The shadows of trouble, that, wo naturally apprehended, never clouded the clear skies of your official term. You came to us with an open mind nnd manly candor. No prejudice fettered your mind from learning our ways and measuring our actions. Suspicion was unknown to you.

Trust begets trust and you gained our confidence from the outset. Here you hav. proved your title to tne unnlemlKlied reputation that you had bullded for yourself before coming lo this department. Working for you and with you our entoem for you has grown day hy dny, because no small meanness nor-slngle uu- worthy trait has been exposed in your char acter hy the wearing contact of two years service. Sincerity la the ono trait of a manly man.

The presentation speech was made hy A. McCarty and Judge Teale responded feel Ingly. SEPARATE AFTER 25 YEARS. Mr. and Mrs.

George H. Breaette Air Their Marital Troubles in Court Through Counsel. After a married life of more than a score of years, Mr. and Mrs. George H.

Dressette, who moved at one timo In exclusive Bay Hldge social circles, appeared to-day In the kHuprrme Court by counsel, before jlUMfce Marean as opposing a suit for Uawycr I nai 11. Hyde np- noared for Mrs. Hressette, 10 plaintiff, nnd 1 tnw, asked for a liberal allowanr to flght her suit and anothJ port. port In milking his mutton, Lawyer Hyde said the parties had been married ol least is yesrs, but thct It was about ten years ago that the husband lmcon absent hlmsilf from his home. On May 2, ISiis, counsel said, the defendant abni coned her and she had only seen hkm at rare intri'vula nlneu that day.

Ira Iyo lliinihel rell appeerel for the hrs-bund. He said the parties agreed some years ago to separate, on account of th" violent lliirncll'a Viliillln I ei Knew It, rum Ciliart 1 1 Ihe brut. 'Hie line- Insist on hav- lug It. It II for your urct and wbuleiome. wit tOST FOUND.

IXSI A Yt'LKrIIHK Hyp, ,0 Mncf.it nt imuitI l7HI'-. Mil, ill'NUiH 'II AM Mifitl.M wtini. U' ltirn MAt 4: HUlh Allt "iKtJti ji.T -UN MOSIHY MINK H' Allt-'; fr.m Hnt-I lo itiM liHVf Iff i tn Knwrl ir te rii' il to fihriti a I It A II YK A HtfWARP TO tin IHTftfill fhn fft ill, UK art trH ii' r(ri hwhv li Wn 1. in in '1 1 1 Brooklyn Union Gas Company Seeks to Compel Signature of the I 903 Contract. THE COMMISSIONER REFUSES.

Brooklyn Has Used the Gas, However, Although Payment for It Has Been Held Up. The Brooklyn Union Gas Company has ap-poaled to the courts to compel Commissioner Root. Q. Monroe of the Department ot Water Supply, Gas and Electricity to sign the contract which the company entered Into a year ago to furnish the borough with light. The company, through its counsel, William Dykman, of 18! Montague street, has served notice on the commissioner that action will be taken to make hint pay the borough's lighting bill at the rate submitted a year ago.

A peremptory writ of mandamus, compelling the commissioner to show cause why he should not sign the 1903 lighting con tracts, which were rejected by him and later by the Board of Estimate and Apportionment has been granted to the petitioner. It Is re turnable In the Supreme Court on January 11. While the commissioner has not affixed his signature to the contracts, the authority of the Brooklyn Union Gas Company, as the lowest bidder to supply the borough light ing, has not been questioned. On the contrary, the commissioner and his Brooklyn representatives have acknowledged the right of the company to go ahead with its contract by, from time to time, ordering the company to do all kinds ot work connected with its ofrer. The petition of the company cites tho following facts: "That the Commissioner did not reject or attempt to reject, the said bid or estimate at any time prior to December 8, 1908; and he has never advertised for new or other bids or attemptofi to nUr Into another con-tiact Icr tho public lismiug )ii tho said district with any otner corporations.

"That ever since the lirst day of January, 1903, and down to the present time, tho Commissioner or his duly authorized representative in the Department of Water Supply, Gas and Electricity, has from time to timo given orders, in writing, to your petitioners, to furnish materials and perform services required by the contract set forth in paragraph VI. of this petition, and within the territory therein sneelfled. These orders pwe-e-for supplier end for work to be pcr-lo: ur.uei- said contract. "The Commissioner, or his deputy, from time to ttme ordered your petitioner to make repairs to public lamps, and in the following months gave written orders for such repairs, as follows: January, thirty-eight such orders; February, sixty-one such orders; Ma'fh fifty-seven such orders; April, forty such orders, May, fifty-five such orders; June, forty-ono such orders; July, thirty-ons such orders; August, seven such orders; September, seven such orders; October, forty-one such orders; November, twenty such orders." It then shows that many orders were received from tho commissioner to change meters in various public buildings and in the parks and install them In public comfort stations. All these orders were carried out.

On July 14 last the various orders coming from the department contained the following additional words: "But this permission is not to be construed as an order for lighting or as Imposing any personal liability on the undersigned or the City of New York." None of the prior orders contained any words of qualification. The company says thnt It has eomplled with all tho requirements of the orders, and has in all respects performed tho terms and conditions named in the contracts. At present it Is lighting about 10.0K4 street lamps beVonglng to the city, in addition to a large number of public buildings. The company further stales: "That the City of New York has received all the benefits by it to be received under the terms of the said bid or proposal and eon-tract, and still is receiving the same; and for a period of eleven months and eight days thr commissioner in every way recognized your petitioner as the duly authorized contractor under the said contract, in the same manner in all respects and as fully as if said instrument had been formally executed by him on behalf of the City of New York, except as to the words of qualification, aforesaid, inserted in orders issued by him subsequent to July 14, 1303. "That at the time of the furnishing of the lights as above set forth there was in the part of the city in which the said lights were furnished no other corporation having gas mains, and the lights furnished by the plaintiff were the only lights available for said lighting at such time.

"That at said times light In the streets and public buildings was a public necessity. Such lighting was absolutely necessary in order residents might travel in the streets that accidents might be prevented and that the i'olico and Kire Deportments might perform their functions for tho protection of life and "That on or about the 10th day of December, M03, your petitioner received a letter from one F. W. Shepard. purporting to give notice that the said commissioner had then attempted to reject the said bid or estimate of your petitioner.

"That on December 20, 1903, your petitioner irrote a letter to the commissioner, a copy of which is as follows: Hon. Kobcrt Orter rominlnstnnfr. eti: ttir nir-1 hav the liumtr to arkti'twlcflne receipt of a rommunlraitfin. ilntr-d 1 If-eenihr-r h. Una.

Kisru-a: by K. VV. Shitrcl, which I rn'Miim. wan ivrltt'-n by your ittrcrtlon. anil bv whlr-h ero ruitltlM that our iruinwi fur public ItKtitilig; bn rejected by you, n.ni that ttit ha.

hren nutini to return the Ffmrlty tl'iolU'l by un pearly a vr-ar ano. TVe respfMfully prot'-nt anatnt thtF action by you ani notify you ttiHl contend now anil Khali hrHttrr coiitonri that you iiavn no powor to re Ipcf our nroooMal nftr-r mvnt trm Kan UfoliT it In to your advcrtthcmcnt lor prftpofali for pnl'ltc lljihtlnK ann on forma aim in accormm' with pictll attoiifi furnlioif.l by your on January IH. wp Hubniltfcl our bid, nfrmn- panlcl by our (hock for nun a bond lovurlty for thr proper pcrfoimuiuT of the contra' if awar'b-'i to lie. Tly written orior. from your department from time to lime we have (lIKtalle.i meter an.l lamii and mal exteonlona.

chaiuten tinri rcpalra and fully eomplw-'l Willi all til" ol.lliratlon of our proponal, ftirntahlnrf lislil to the public ana firet we PelteVe to Vollr ellllfe nat I (IfB ft top We fuhtnlt. therefore, tlmt it la until, an well a lll'-nul. row, at about ilie expiiatlon of the lro. for which the. contract watt to tie main, to nottrv im mat you neciin- to men it.

Inirlnn the latter pari of September, or efirty part of Oct at a conference with you. when we fully rtldcui'i'fd the price of una you a.lmttte.i to me that the pilco cmtnc'l for tiaa turnlHl' public bulMlOKP to Wit, 11 centtt per 'tt. feet, waa a lair alio reiiHonw iile price, ani that there wan no ooeamon to further oIucunh lb matter, hut that you thotiKht our price chant for pulplle, inmpa wu loo liiKii: whereupon I ite- eentei you with a Ht.itement or th. ouantltv atari utH per lamp, ana the rnwt of nmlnlenm' Voll eeeme to lie with thin etiitenient hut in order to oorain runon to enaiue vmi to ox- ten'l the improve! yil'in or etioet HkIiIItik. nfkei ine to auree to a rc'luctlop of per cent from our hllle a.

retub-re l. wul.li I ileeiine.l to I will take thin opportunity to aek. In cane tiot already dope Ho. to certify to our Pill lie eent 'o yo'J til or.ler that we mjiy airily to l.i. iler for payment.

1 am, very ri none! fully oure, i r.r ill i t'ret'tcut Itr.oklvn t'nlon llu The nnnual budgot of y.ufj. It was shown Included an amount for the lighting of at roots, parks and public places, baaed upon the ruins paid in The bids for 1903 wire not (y ommlKsloner Monroe, on the ground that the rates were exorbitant. The Brooklyn Union (Jus Company was the lowest under bore, and under the charter had the rigid to Kupply the lighting uiiIIIIch. YEAR'S HEAVY REALTY BUSINESS. (Special to 111" Eagle.

Jamaica, L. December SI There were recorded yoHterduy In the Queen rlerk's nlfleo, 97 deeds utnl inortirof i one of the heuvli-at day's huelues ot the year. The of paper ror.uiloil up In the rhMo Ihhi nlht wan 12'7, of which Vt is eailuiaied on I wo deep and mortgagee. 1 he total of traitafers fir ex-tveda lliai of any pronoun year in tne Ina-iry of Queens County. Commissioner Says Waste of Public Money Is Worst in Queens and Brooklyn.

CERTAIN AUTHORS FAVORED. Books Bought and Then Thrown Out After a Short Time Some Inter-. esting Figures Charges of waste and extravagance on the part of the bureau of supplies of the Board of Education are implied in a report Just submitted to Mayor Low by Edward Owen, Commissioner of Accounts, dealing with dis bursements made by' the Board of Education for supplies In the public schools in the Ave years ending on December 31, 1902. Parker P. Simmons, former superintendent of the bureau of supplies, who resigned under' Are a short time ago, comes in for rather severe condemnation In Mr.

Owen's Mr. Owen says he has been unable to acoount for a great percentage of the text books were ordered by the bureau of supplies for the public schools during -the period under Investigation. In his report Mr. Owen also declares that he finds that many of the text books In the public schools ordered by the bureau of supplies in the period of five years have been laid aside after a brief use for other books oi different authorship, and although no names are mentioned the Inference is plain that certain authors of text books have been favored when the bureau of supplies had to purchase books. It will be recalled that some of the school superintendents are au thors of text books which have been exten sively used in the public schools, and the presumption is that the Commissioner of Ac counts is hitting at these.

Mr. Owen finds that last year there was an increase of $107,4110.28 in expenditures for school supplies over those for the previous tour years, or this Increase. J103.433.8fl was expended, Mr. Owen says, In the borough of Brooklyn. The total expenditures for sunnliea In ihn five years under Investigation, tho Commissioner of Accounts finds, was S4.CIK.933.76.

in ttHis there was spent 1891,566.38, and in 1902, $1199,050.66. The Commissioner of Accounts finds that although the' Increase in expenditures In 1902 for Brooklyn, Queens and Richmond was $111,686.55, there was a decrease In th-3 expenditures for Manhattan and the Bronx of $1,196.27, leaving a total Increase as stated above of $107,490.28. Continuing, the Commissioner of Accounts says: "In addition thereto, wo hnvo inramU tables showing the total and per capita costs in me rornier cities of New York and Brooklyn for each of the five years Immediately prior to consolidation, for purposes of comparison. From these tables. It will ho bo.

that the per capita cost in tho Boroughs of Richmond and Queens is much greater than In others, while It is least In Manhattan and i no Bronx. In the latter borouizhs. tho. at tendance in 1898 increased 514 per cent, over 1897, but. the cost of supplies per capita ucieaserj i-o per cent.

This, however, was followed by a decrease In tho next ensuing year of 19t4 per cent. "In Brooklyn, the Increase In attendance In 181)8 over 1897 was 4 1-5 per aud the per capita cost increased 34 per cent. "It appears that original appropriations except that for tho year 1899, have closely approximated expenditures. -mat aDout snii.ouo, or some 1214 per of the 1899 appropriation was not needed for supplies, and was therefore transferred from supplies accounts. "That appropriations for the Boroughs of Brooklyn, QueenB and Richmond, year 1902, were exceeded by expenditures to December 1, 1903.

"In connection with this exceptional experience we call attention to the fact that the Board of Estimate and Apportionment In the 'altered, modified and amended bud- gel for omitted to mnke the borough iiisiriDiitton or tne special school fund an' proprlatlons required by section 1.060 of the revised charter, an omission which may have led to the apparent overdrafts agalnnt tne Dornugn accounts. "For 1808, the experimental account year immediately following consolidation, esti mates were accepted without question mil appropriations made accordingly. "For the years following 1898, to and including 1004, the estimates furnished by the department have largely exceeded the ao proprlatlons made by the Board of Estimate, Kstlninto In ex-ceni. of allow ance, p. Amount.

About. KA, Hoi. 40 5 Tear. Estimate. Allowance, 1.012.fi2.L' HUM.

22 1-1 1.1I3.1.H 1, 13.91. 1,022.375.29 i.2t.:..8 i.or.,i.3r. It! l.S07,916 l.i;i.4HI.3j iu.titit.in 11 Ul.atj.M VI 1-7 lit 1-5 The commissioner of accounts has this to say of Auditor Cook of the Hoard of Education: "The accounts kept by the auditor of the department for period considered, and upon which we have based tables, are models of neatness and accuracy." He has this to say of Parker P. Simmons, former superintendent of supplies: "The records of the Supplies Bureau, in charge or Superintendent Parker P. Simmons, have been found defective in many essential particulars The borough depository's record and statements are notoriously incomplete and unreliable." Continuing, the commissioner of accounts in his report says: "An Inspection of all the schools undertaken chiefly lo determine the conditions ns to supplies therein existent, developed the fact that no adequate and uniform system governing this Important matter has yet been established, and that large quantities of text books In apparent good order have been nnd are being laid asldn for others of different authorship.

We find that at least 70 per cent, of the outlay for school supplies goes for text books and that the accredited life of a text book is at least two years, yet every year the outlay inerrases. "What becomes of the discarded hooks and why they are discarded are questions uhlrh should engage the atttntion of the commit-leo on supplies." The Investigation of the commissioner of aeeoui.ts was made during the past year, la the greater part of which Mr. Simmons was at the head of the Dureaii of Supplies of the Board of Education. CHARGED WITH BIGAMY. Brooklyn Man Said to Have Two Wives Living--Held in $1,000 Bail ibr Examination.

iSperlal to the Kagle.l Far Hockaway, L. December 31 Helen Sous, of 136 Prospect place, llrnoKIyn, was complainant against Joseph Hurtenstein ot Tremont siren nnd Dushwlrk avenue, that borough. In Magistrate llealy's court this morning. She charged Hurtenstein with bigamy nnd he held under $1,000 bonds for examination on Saturday morning. In her affidavit.

Miss Mousa snys that on August 20 last she was marled lo Joseph lliirtensielti. the defendant, at Hockaway Heath, by the Key. Father Dillon of HI. Rose of church. Recently she learned Hut HiirlPimlelii had married one Annie Will-lams, ten years ago, Brooklyn, and that the said Annie Williams whm still living and thnt no dlvoreo had been proeiireij from her by llnrieiisieln.

The Williams woman was not in court as she Is said to be III. The marriage of Mlsi Sousa ami Hiiriennieln was the reault of a romantic courtship while ihe to mre stopping at llkjwv lioach last summer. Mls Sousa ns reported In br a nleco of llntidmaster Knusa, but denied the relationship this morning. 10 41 To-i' PArlM day' CLAMIKIfATlOH, A union Hi.l Iluiirrl li'nlr." NiiiIcm HtMlnfiM tn Ciwatwlm fitwuilfllll' tVni'it'Htton Ntitli'-' Iiiinitiiic Dtnth Xotiivf Itntliry IUvhlHi.l" Klti'lton Notlr- for Kni'linimi' Fnrniilirl Itooitin II. I Wnim! ll'r' nnl Hotels n.nl ItiBorti hutruHli'ti nil NntlK'H XIHIIl l.oit, an.l Koun'l MnnliullKn AniuiwniMlH Mu.l.'Kl liintriKlliin ih't'nn I'tnt l)ltli' I'roiwifiil Itnllrimili Hi I'Xiil l'nli" Iv.hilf Hi Aurllon IMIfcli it Hllirwlli'lt" NVint'l Kuch tii'i of two linus-holdera or 1'i York- or JuarSnty" or surety company duly authorized ty law to art as surety, and ebnli contain th matters s't foith 1 'he hiank foinm mentioned heinw No bid or ewtimate will ttpiisldeied unle i as "condition precedent to the reception or consld-eratlcn of any proposal.

he atcompantcd hy a certltled check upon on of the Mate or National hatiku of The t'ity of New York, drawn to the order of the I'omptroller, err money to the anvjunt of fKe per centum of the amount of the bond re ouhed. provided In sectlun 4tu uf the Unatar New York ihvtcr, The untried check or ni.mey should not be In-cIom-J in the ciiv- lupr cnntiilninif the bid or mate hut tdioul Ih either ln oned In a pptarats nvelope, addreriM'd to the head of the Department Hiem.ient or I'-oard. or submitted personally uioti'th" piepentallon of the bid or estimate. For particular 'P'hntlty and quality of the fupplh'S, or the nature and extent of the work reference! mint he inuiie to the speclflta- tli.ns. sch'luls.

plane, etc i tile In thi said uf- of tho Tiesld'Ht, llnai'd ur Department. No bid shall bo frmn or contract awarded to any person who Is In nrreara i Tne t'ltv of N'w York upon debt or contract, or who ts a defaulter, rurcly or otherwise, uiwit any to tho city. Th-J contractu munt he bid for separately, Th" rinhl Is teservil in ea. li to reject nil bids or estimates If It be enii-d to fur the inteient of tho cltv so to Htdd'-rs will wrli out Mm amount of thMr bids nr -'Hit male. Ill addHion to llisei IJ Han, flre teip-iented to make Ihelr bids or en.

tlniMlis upon the blank if'HU-i end ftn-, lulled In lh fUy, a c-py -r wl'h the envelope tn Which to Inclo-e tltft 1-ether 'l'h ropy of th- tnntta'i. he the -meclfleattorif. In the form nnrouved by the i.r-pnratlon foun'l, can le ohiaincd titoi ippllca ttnn therefor nt tho olTV or th" lepartim I Vhlrh the work Is to be done. Plans and drnw- I mfl nt ouusuuuiun work may a leg lm atn intra. Hi "ImI AtKiM'lliwrm'til! ti'itmtNl T'i l-t uiil Kor Mil I Wnr.ua pdvr, Bur mi 1 1 uf Urtjv wt1.