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

THE DAILY EAGLE. NEW YORK. WEDNESDAY. MARCH 24. 1909.

MISCELLANEOUS. Little Soldiers ILASS0IN9 IF II BRONOG JHI EXEMPT ACT DEAD Hale's 1ITEST0I MODISTE SUES STAR ACTRESS BROKAf BMHERS ASTOR PLACE AND FOURTH AVENUE Everythin about the Sterlin Playerpiar is made by the Sterlh party. You look to uf the guarantee, andi maker for the plaryi tion and another mi piano, as is the casJ make of player is fifl other make of oianol chasers of the Sterlil pianos can testify to' advantages of this alone. The Sterling Pian 518-520 Fulton SI, cor. Brooklyn.

Open Saturday Evenil $360,000 IS THE SI Mining Expert Suing, in Bl King Edward Company of Cl for That Sura. Litigation involving over a qua a million and the question of tho ship of valuable mines In the Coba trict, came on to-day before Sup" Court Justice Marean. In Special on a motion made to punish for tempt Clarenre K. McCormick, said be a wealthy mine-owner, and one of weU-known King Edward syndicate Canada. The motion is made in the suit of George Miner against certain members of the syndicate to recover J360.000.

McCormick was ordered to appear for examination before a referee to answer questions before trial. Ira Leo Bamberger, appearing with He.bert R. Lim- burg for Miner, now asserts that Mc- 1 lormlck answers to questions put. to him were evasive and otherwise not in keeping with the requirements of the case. Vln.K that U- 1 1 iiBiiuo litai.

lie nuo a mining expert by the syndicate to in-: vestigate and purchase mining proposK tlnn. In v.uuniL uiBiricL, biiu inai inw agreement was that he was to be pald. 10 per cent, in stock, or rash, on all profits made by the defendants in the (J, syndicate. He says he got options on very valuable claims, among them ihe King Cobalt and Nolto mines, and thnt. the syndicate -got these mines through him fnfmaii lha ITIni.

V.ln-n.J Mine Company. There was a profit of 1600.000, and the same amount in stock of the company. Following the argument. Justice Marean dismissed the motion and refused to hold the defendant for contempt, but indicated what questions might be asked him in the proceeding before the referee. NAB ALLEGED SMUGGLERS.

In your blood are the millions of corpuscles that defend you against disease. To make and keep these little soldiers healthy and strong, is simply to make and keep the blood of the right quality and quantity. This is just what Hood's Sarsaparilla does it helps the little soldiers in your blood to tight disease for you. It cures scrofula, eczema, eruptions, catarrh, rheumatism, anemia, nervousness, dyspepsia, general debility, and builds up the whole system. ULRICH TRIAL BEGINS Work of Getting Jury Goes On This Afternoon.

Former Superintendent of Highways Charged With Accepting Money for Performing Official Act. Just before the recess liour this afternoon the trial of Frank J. l'lrich, formerly superintendent of highways in the Borough of Brooklyn, on an Indictment charging him wifh accepting money for Derformine an official act. was begun be fore Justice Jaycox and a jury, in Part of the Supreme Court. The-trial began immediately at the conclusion of another case and as soon as it was called Justice Jaycox ordered a recess until 2 o'clock, when the work of securing a jury will begin.

It is anticipated that it will take a large part of the afternoon session to fill the Jury box. Assistant District Attorney Elder is prosecuting the case and Ulrirh's defense is In the hands of Lawyer Charles Russell. While L'lrich was superintendent of highways sensational charges of grafting were made against him. and his Indictment followed after a long Investigation by the grand Jury. The charges were that he accepted sums of money for the appointment of men as corporation inspectors and.

in caso on trial, William Potruch is said to be the man who paid l'lrich for such an appointment, l'lrich has made a long fight against trial upon the indictment, his first effort being to secure a dismissal of the charge by a demurrer which raised the question hether the acTs nlleged In the indictment constituted tho crime charged, l'lrich there raised the question that he didn't have the appointing power, and that, as a consequence, he couldn't be charged with accepting money for doing what he had not authority to do. After an appeal the indictment was held to be a good one, and the case was sent back for trial. After recess the task of getting the jury was begun. The principal questions put to the Jurors by the counsel for tho defense seemed to indicate that the defense would attempt to show that the investigation of l'lrich while he -was superintendent of highways was instigated by a Brooklyn newspaper. Each juror was asked whether any of the members of his family or any of his friends are connected with the Brooklyn Eagle.

At 3 o'clock this afternoon only one juryman had been secured. CHOCOLATE FACTORY WINS. Court Agrees That Its Odors Are Pleasant and Refuses Any Injunction. This morning, before Judge Marean, ex-Judge William B. Hurd, appeared on behalf of Robert McDowell, the tenant of 35 Ashland place, for a temporary injunction restraining, periling the trial of the action, Frederick Bischoff, a large manufacturer of chocolate and cocoa, from conducting his business in the adjoining premises, 29-33 Ashland place.

There were numerous affidavits submitted on behalf of the plaintiffs, showing that the odor from the chocolate was sickening and nauseous; that soot and ashas came from Bischoff's chimney, soiling clothes hung out to dry in the back yard and the vibration from his machinery shook the plaintiff's house and caused plaster to fall. Edward T. Horwill, who appeared for the defendant, Frederick Bischoff, stated in court that his client employed fifty-seven peoplp, and that the granting of the injunction would throw them out of employment. He had a number of affidavits showing that the odor from the chocolate was pleasant and not objectionable to many neighbors on the block, and he had an affidavit from G. Graham Brown, a consulting engineer, who had charge of erecting a large plant for the t'hesebrough Manufacturing Company, costing $500,000.

proving that It. was the plaintiff's own soot and ashes and dust from Fulton street which fell in plaintiff's yard. The noise and vibration from the machinery the court said it would not pass upon from affidavits, and therefore denied the motiqn for an injunction. MISS FAGIN "MUGGED." This Was Before She Was Taken to Court, Where Innocence Was Proved. Irene Fagln was arrested on Monday night by Detectives Carberry and Doyle of the headquarters force, charged, on the complaint of James A.

Kelsey of 160 Ains-lle street, with grand larceny. Miss Fagin is a most respectable young woman, 20 years old, and her home is at 15 ScbaefTer street. She protested her Innocence, and when the case came up in the Adams street court before Magistrate Xaumer she was discharged, the complainant signing the police return to the Indorsement that he had no charge to make. But the girl had been "mugged" at headquarters before she had been taken to court. It is likely that some action will be taken by her friends against the police for this indignity, as they claim It to be.

TWO WOMEN AGAINST HIM. It is expected that a number of complainants will appear against t'harlea Keller in the Gates avenue court, to morrow, when he will he arraigned harged by two women with stealing a KO-i art and baby carriage. Keller was arrested by Detective Connelly of the Clates avenue stai ion on complaint of Mrs, Florence Paul of firtt Mmvy avenue, who alleges that the boy stole a baby! carriage from the hallway of her home, Ida Goldstein of 72J DeKalb avenue al- lrges that Keller made off with a go- cart belonging to her and sold it. to a1 second hand dealer on le avenue. INDEX OF REGULAR FEATURES.

CMnsfi Mention. Panf- AthiVtUs KfiBrl'Bll HflKkeltmll mcvclinic i nil Hurd Bowling 4 llr.nlnir 'hiMren' Mirt K-ltrorlal 4 Financial Nws fraternal 1 Orman (1 "4 MHrrlmr- IJcnaa. Munltlpal Register ClasnlM- Htlon. I'ai Olijt tuarif I T'eisnnn! St rial IM'MiiiP l-Vfllliif'. Raring It.

K. Sewn K. K. Snfity Spurt Staijf Nrta Steamship Walk VVallahout Mavkft. Wafhlnjtt'-n Letter.

Weather Women's 1't: i Honey Horehound Tar Take it when you are hoarse for sore throat for swollen tonsils for coughs and colds and get relief. Sold by Druggist Plke'a Toothache Drop Cure In One Minnie NEW BILLS AT ALBANY. Mr. Merritt Introduces Measures Prohibiting City From Issuing Corporate Stock. (Special to the Eagle.) Albany.

March 24 The following bills of interest were introduced to-day: By Assemblyman Merrill Prohibiting penRes of the city. Expenditures made by the Board of Water Supply are not to be considered operating expenses. By Merritt Prohibiting New York City from issuing corporate stock for meeting a deficiency by reason of uncollected taxes. By Mr. Merritt.

Requiring the Board of Estimate end Apportionment of New York City prior to September 1 of this year to establish and organize a central purchasing bureau which will be known as the bureau of supplies, and a bureau of standards. The chief of each of these bureaus will be appointed by the Board of Estimate and Apportionment and may be removed by the same board In its discretion. Each of these bureau chiefs may appoint such subordinate officers, clerks, as may be authorized by the board. The chief of the bureau of supplies shall have all the authority in relation to the uurchase of supplies by the city which vretofore was vested in the borough presidents and the superintendents of buildings of the various boroughs. The power to establish regulations under which contracts for supplies shall be let and to determine whether any supply costing more than $1,000 shall be let by contract Is transferred from the Board of Aldermen to the Board ol Estimate and Apportionment.

By Mr. Merritt. Establishing a public improvement fund in New York City, to be composed of the funds heretofore designated "fund for street and park openings" and "street improvement fund" and all other funds heretofore established by collection of local assessments upon realty for local improvements. The City of New York Is prohibited from issuing assessment bonds after the act takes effect In July next. This bill comes from the joint committee to Investigate the finances of New York City.

By Mr. Merritt Requiring the controller of New York City to create in his department a division to install and supervise uniform accounting methods in the various city deaprtments and boroughs. By Mr. Merritt Requiring the Board of Estimate and Apportionment of York City, before January 1, 1910, to establish and organize a bureau of real estate. The chief of this bureau must be appointed and may be removed in its discretion' by the Board of Estimate and Apportionment.

He may appoint such clerks and employes as the board authorizes. This bureau Is to have custody of all books, maps and documents relating to the title of real property owned by the city, and must prepare and preserve a schedule and maps of such property. When requested by a borough president or by the head of a department, the chief of this bureau may procure options in the city's name on reaj estate designated by the depart- roant. head or, borough, president as likely to be required by the city. With the approval of the Board of Estimate and Apportionment, he may complete the purchase of such property, on October 1 of each year the chief of the bureau of real estate must report to the Sinking Fund Commissioners the location, the condition and occupancy of all real property owned by the city other than such as the city actually occupies.

These bills come from the joint committee to investigate the finances of New York City. GETTING TO BE A BAD BOY. Youngster, With Ten Other Brothers and Sisters, Before Judge Fleming for Malicious Mischief. A freckled little Irishman and a brown-eyed Israelite. 9 and 10 years old, respectively, stood side by side before Judge Fleming In the Children's Court this morning.

The shavers were charged with malicious mischief, but as they managed to reach far enough to hook their chins over the shiny brass rail before the bar they looked very innocent and intrepid. Then the story gradually filtered out In the long-winded legal way, with all the restrictions as to what 1b proper evidence and what la not, and their faces fell as a special officer of the Lackawanna Railroad told the judge that he had caught the two boys in the railroad yard in the act of prying open the seals on freight cars loaded with meat. Little Jacob Rosenberg had not been very severely implicated, so the Judge told his mother through the interpreter to take Jacob home and make a good boy of him. It fared worse with Charles McN'iece. He had been caught and warned In the freight yard last fall, and he had been in the court before for not going to school.

When he heard all this and saw his side partner released the flood gates of his sorrows opened, and he wept bitterly. He admitted he was out on parole, and had not been to school in spite of that for some time. His older sister, a pretty lass, was there, and said there were ten more little McNieces in the family at 78 Clymer street, and that Charles. In spite of his cute little nose and clear eyes, was not a good little boy at all. His father and mother will have to come to the hearing next Friday, for the judge thought that Charles was getting to be a bad little boy.

MARY PRENTIS DEAD. Mary Morton, wife of Henuing W. Tren-tls, principal of Public School No. 78, Pacific street, near Court, died yesterday nt her Home, 1270 Eighty-fifth street, of liver trouble. She was born in Rockbridge County.

Virginia, and for twenty-four years she was a resident of St. Louis, Mo. She was the president of the Woman's Missionary Society of the Central Presbyterian Church, and for two years was president of the Southwest Board of Missions. She leaves her husband, three sons and two daughters. DIED IN MOTHER'S ARMS.

While on her way to the Austro-Ameri-can line steamship Martha Washington, lying at her dock at pier 6, Brooklyn, In care of her' parents, Catherine Vadalach-lus. a one year old Greek girl, died in her mother's arms this morning. The child had Just arrived in New York from lowell, along wilh her father. Peter, and her mother, Sazetta, and a number of other Greeks bound for home. AGED MAN A SUICIDE BY GAS.

William Doll, 63 vears old. of 228 Fast Seventy-fifth street, Manhattan, committed suicide this mornlm in his rooms by Inhaling Illuminating gas. CASTOR I A For Infants and Children. The Kind You Have Always Bought Bears the Signature .1 Boys and Girls Cheer Wildly When Jimmy Nolan, Ex-Cow- Puncher, Does Trick. I THE NOOSE WHIRLED 35 FEEL: Nolan Has Given Up Nooses for News, but He Was the Bight Man in an Emergency.

Jimmy Nolan's Wild West show opened in Flatbush this morning and possessed so many educational features that rr-Gunnison, principal of ttie Erasmus Hall High School, suspended recitations for an hour to allow his students to take advantage of the performance. The arena in which Jimmy performed his feat which was typical of the life on the Western plains a life that, has become popularised by ex-President Theodore Roosevelt, who himself ised to be a cow puncher In Montana was an in losure adjoining the yard of the high school itself. This location might have been selected because of Its proximity to the seat of Flatbush learning; but In the interests of truth it should be explained that it was chosen not by the human performers in the show but by the real western broncho which proved to be the sum and substance of the entire menagerie. The aforesaid broncho Is the property of John M. Derby, a liveryman whose stables are on Erasmus street, near Flatbush avenue.

The broncho, a recent importation into Flatbush from the wilds of Arlaorfa. had broken the halter in his stall and had made a wild dash for liberty. He tore out of the barn Into the vacant lot adjoining the schoolard. Hot after him was Derby wiih a lasso. Derby is not much of a lasso artist, and the rontest between him and the broncho soon afforded a lot of amusement for passersby, and for the storekeepers and residents of the vicinity.

Every time Derby made a miss, the crowd yelled. The yelling soon attracted the attention of attendants of the Flatbush Police Court, which is hard by, and certainly disturbed the scholars of Erasmus Hall in their recitations. Among those who happened to be the court room when the excitement began to run high was Jimmy Nolan, a newspaper man. Xobody ever would suspect that Nolan had lived for six years In the wild and woolly West; but he had. He had to leave the effete East when he was 19 years old because he was puny In body.

He went West to arquire health. He lived oh the plains for six years, and during that time not only acquired brawn, but also dexterity in "cow punching" and "broncho busting." This morning's opportunity was, therefore, not to be lost to Nolan. When he' saw the broncho pawing the ground and kicking viciously at the fence that surrounds the lot, Nolan could not contain himself. He rushed Into the Improvised arena and induced Derby to give him the lasso. Then he called to his friends, Peter Dalton, court officer, and Alexander Ryder, janitor of the Flatbush court, to "beat up the game," and they began to yell and hello and to jump and wave their arms like wild men.

The broncho became panic stricken and backed Into a corner. Nolan slowly approached, swinging the lasso over his head the while. When he came within thirty-five feet of the animal, he let go the coil of rope, and like a flaBh it settled in a circle about the broncho's neck. The trick had been done, and in appreciation of its neat consummation, the atmosphere was rent with bravos. Every window in the facade of Hall High School overlooking the arena was crammed with students all craning their necks to watch the wild west show.

The young men of the school lifted up their voices in unison when Nolan effected the capture of the animal and the young women unfurled their dainty handkerchiefs and beamed admiringly upon the hero of the ring. Nolan says he has had many offers from Buffalo Bill in the past, but he declined them all, preferring to remain among the amateurs of sport and to devote his professional talents to wielding the pen. MRS. SANKEY GETS DECREE. Husband Was Eldest Son of Ira D.

Sankey the Evangelist. An interlocutory decree of divorce was granted yesterday by Justice O'Gorman in the Supreme Court to Mrs. Grace L. Sankey against John E. Sankey, eldest son of the late Ira D.

Sankey. of Moody and Sankey fame. There was no provision for alimony stated In the decree. It is understood that in the papers Mrs. Sankey, who was married to Mr.

Sankey In Northfield, in October, 1903, charged misconduct on the part of her husband with an unknown woman in Atlantic City two years ago. For some time Mr. Sankey has been considered as being somewhat deranged, and he is now in an asylum in Astoria, where he was committed a year ago after examination by two eminent physicians, who, reported him noisy and insane and full of hallucinations. John E. Sankey has long resided out of Brooklyn.

His younger brother. I. Allen Sankey, who is engaged in the hymn publishing business, is better known in Brooklyn, where he was for years a resident with his father. Mr. and Mrs.

John E. Sankey have a 6 year old daughter, Grace Victoria Sankey. SAY BROTHER WAS UNMARRIED Yet He Left a Will Bequeathing Nearly All His Estate to His Wife. Alleging that their brother, Hel Green-baum, late of Jamaica, was unmarried at the time of his death, and that Dora Greenbaum, mentioned In Ills alleged will as "my wife," and there made the chief legatee of the decedent, was not his wife, Samuel and John Greenbaum of Jamaica yesterday filed objections through their attorney, Louis Frohllih, to the probate of the will before Surrogate Noblev of yueens. Hel Greenbaum, who for many years kept a general store on Rockaway road, and who, with his brothers, owned considerable property in that district, died February 9, 11109.

Of the $4,250 real and $3, Hun personal properly left, according to the estimate of the executrix, $7,910 whs devised to Dora Greenbaum by the will dated February 13 1908. The mother. Hudesa Greenbaum. of Tarnzbrzeg, Austria, was left $50; the sister, Sadie Brett-mann, of Ptork. Russia.

the brother Jacob, of Tarnsbrzeg, $10; the two petitioners. Hyman and Samuel, $5 each; Jo-hann $15, and I'da $50. Dora Greenbaum of 17 Remington street Jamaica, was made executrix. Lewis L. and J.

Sheldon Fosdick signed the will and ore attorneys for Dora. TO PUNISH KIDNAPPERS. Albany. March 24 A bill. Introduced by Assemblyman Lefflngwell, would make kidnapping punishable by death or imprisonment for life, as the Jury may determine.

Rpnator Hill of Buffalo, chairman of the codes committee, Introduced a bill to-day making the minimum penalty for kidnapping Ave years and the maximum fifty years. Instead of twenty-five years, as at present. Kosher Brandy and Dutiable Feathera in Their Possession. Three alleged smugglers were arrest! at 6 o'clock this morning on Pier: Brooklyn, by Night Customs Inspector Francis Sullivan as they were attempting to get away with. a quantity of Kosher a bale df dutiable feathers.

The three men wore taken to the Ham- Hton avenue police station. Where gave their names and addresses as follows: Sam Mofshowltz. 240 Sicgel street; Harry Rablnowiiz. 173 Second street, Manhattan, and Borzh Katz, cook of the Immigrant ship Litucnia of the Russian line. From the Hamilton avenue station Mia men were taken before United State?) Commissioner Morle and were held in $500 ball for examination on Saturday morning of this week.

According to Sullivan tne trio had a quantity of contraband Kosher brandy and 50 pounds of dutiable feathers in their possession, which they were endeavoring to tnke away from, the pier when apprehended. Mrs. A. E. Heerman Demands $1,241 from Mrs.

Leslie Carter i Payne for Costumes. I BRILLIANT DISPLAY IN COURT. Justice Green to Decide Whether Cos tumes Made "to Measure" Must Also Be Made to Fit. "Does a dress or a gown have to fit the woman it is made for, or does it merely have to confrom to a set of measures previously determined upon?" That was the question that came up first this morning in the suit brought By Mrs. A.

E. Heerman. a costumer of Whitestone, L. against Mrs. Leslie Carter Payne, the actress, to recover 11,241.25 for costumes ordered by Mrs.

Leslie Carter Payne for her productions of "La Tosea" and "Camille." The -case Is being tried before Justice Green in the City Court in Manhattan. N. M. Levy, Mrs. Carter's counsel, declared the question of fitting was the root of the matter, and he proposed to show that the costumes in question were not well Mrs.

Herman was on the witness stand, but the Interest did not center there for some time. Soma half doaen girls, supposedly members of Mrs. Carter's company, were present, and ranged beside them were three enormous hampers. "We propose to show, your honor," ssld Lawyer Levy to Justice Greene, "that these costumes, made to measurements taken by the plaintiff, did not fit those for whom they were made." Then, turning to Mrs. Payne, the lawyer said: "Sow, Mrs.

Payne. Just get these costumes out so the jury can see them." Whereat Mrs. Payne opened the hampers and started to display the brilliant clothes upon tbe rail between the spectators and the lawyer's table. "It may be necessary that these costumes be fltted on, your honor," said Mr. Levy, haltingly, and Justice Green replied that the case would be tried fully.

In response to a question about particular costumes. Mrs. Heerman said she made part of tho costumes herself, and others she had had made. Partioularlzing as to costumes In "La Tosca," Mr. Levy asked the witness If she could identify the costumes made In her own shop, and those she had bad made.

Mrs. Heerman said she thought that she emild. "Well, did you make the gown for. "The "No, but I made the white satin pants for the prince." The queen's costume, she said, had been cut by ber, made up elsewhere and finished by her. Nlnety-dve dollars, it appeared, had been the price charged for tbat gown, the bigger part of which was a red velvet train.

Imitation ermine border completed this red velvet train but It was brought out by Levy that the material used was red velveteen instead of velvet and that the ermine was white flannel with a furry finish marked with black ink spots. Then Mr. Levy wanted the crown to complete the effect. "The crown, Payne!" he exclaimed to the actress's husband. Payne diligently, through the numerous gowns and costumes piled up in the courtroom and then, straifghten-ing up he looked over to Mr.

Levy and replied: "Not here, sir." Mrs. Gertrude La Fond, who 'played Gemerine in Mrs. Carter's "La Tosca" company, was asked to pick out her costume, Mr. Payne having been unable to find it. Miss La Fond found the costume and awaited Mr.

Levy's instructions. Forestalling these, however, Justice Green broke in with: "I am not going to allow any spectacular affair here. You can't have this young woman try on that costume unless you first prove that the gown wss ordered to lit her, rather than to certain specified measurements, and further you must prove that she has not taken on or lost weight." That stopped any possible demonstration and then Mrs. Heerman was excused from tbe stand temporarily and Miss Minnie Jones took her place. The latter Identified the measurements for the costumes ordered for "La Tosca" as those taken by herself when she was wardroije mistress for Mrs.

Carter in "Du Barry" and "Camille." Mr. Levy wanted to know for whom the witness was now working, but Miss JonoJ refused to" say and was upheld In her refusal by Justice Green. CAN'T AGREE WITH GRANDMA. Miss of Twelve, With Notions of Her Own, Lands in Children's Court, Henrietta West Is a young lady of 12, and If it had not been for the handicap of being without, both father and mother she would be sure to come out ahead in this world. Her chin looks determined.

she has sparkling blue eyes and a clear head and voice, but as she said she is an orphan, and living with her grand-j father and grandmother at 234 Tenth street, i ney muugui buujc hui. bbu sho was getting to be a trifle naughty, and brought her to the Children's Court to be made good. Of course, no judge would have the heart to send a nice little girl like Henrietta, away. A little spunk Is not so bad even in little girls, so Henrietta was sent back, after promising to be good hereafter. Day before yesterday Henrietta went on an excursion all by herself and got as far as Hoboken.

That didn't look promising at all. so, after a day's wandering. Henrietta came back to Brooklyn, and thought the old bailiwick didn't look half so bad. Henrietta stopped in to visit a chum at Public School No. 36, and ss fate would have It MrB.

Parks, the Protestant probation officer of the Children's Court was there at ihe time. looking up the record of her i little wards. Henrietta was supposed to be under the care of the soir-same oi-flcer. and that solved the problem of going home to Tenth street right off. Henrietta is not a bad girl, only her ideaB conflict with grandma's.

Temporarily Henrietta will go back to the society. AMAGANSETTJS SAFE. Fire in Woods Was Subdued Before Village Was Reached, but Only by Hard Fighting. (Special to the Eagle.) Amagansett, L. March 24 Fire swept over 1,600 acres of valuable timber land a mile north of here yesterday and for a time created much fear for the safety of the village.

About 10 o'clock, while Horace King was burning brush in the section known StoDy Hill, near Gardiner's Bay. the flames, fnnned by a strong northerly wind, cot beyond his control. At 1 o'clock the church bells rang the call for volunteers to fight the flames, and in a few minntes men. women and fhllflrn nnr. rnnnlne from all narrs of ihe village, armed with shovels, axes.

hoes and old brooms. By 3 clock the fire was under control. At the village stores many stories are now being told by the fire fighters about singed eyebrows, burned hair and burn! clothes. Scores of rabbits were caught in the flames and perished. I I Counsel of Public Service mission Point to Two pealing Sections.

I BOTH IN RAPID TRANSIT ACT. No Date Fixed for Conference Between Board of Estimate and P. S. Board Cause of Delay. 1 The building of the Fourth avenue subway cannot be prevented, or even materially delayed, by the exempt act of 1S61, prohibiting the construction or operation of any railroad in or upon Fourth avenue This is the firm opinion of the Public Service Commission and certain of Its legal advisers after a careful and exhaustive search of the statutes.

When the unexpee'ed discovery of that ancient law was first called to the attention of the commission, yesterday morning, it occasioned, as was exclusively told in yesteiday's issue of the Eagle, some apprehensions as to the effect it might have on the construction of the South Brooklyn tunnel. After an over-night investigation of the problem, however, the commissioners were agreed to-day that the exempt act could not In any way be raised as an effective obstacle to the subway enterprise. In so far as surface and 'evated railroads were concerned, it was admitted that law ol 1861 was still operative, bt. 11 was emphatically asserted that not even by the greatest stretch of the imagination could the be construed as forbidding the building of a subway under Fourth avenue. Two sections of the rapid transit act, as amended to date, were pointed to as repealing absolutely the exempt act as applied to the present situation.

Of these sections, one is general, the other specific. Furthermore, the specific section is so worded, in the opinion of the Public Service Commission and Its legal advisers, as to demonstrate that the framers of the rapid transit act clearly construed the use of the "in" and "upon." In respect to previous legislation, as referring to surface railroads exclusively; The general section of the rapid transit act which, it is asserted, operates as a repeal of the Fourth avenue exempt statute, Is section 63. It reads as follows: "All acts and parts of acts, local or general, inconsistent with this act (the rapid transit act) are Tteretiy repealed." That section in itself. In the opinion of the Public Service Commissioners, is sufficient to render Inapplicable to the Fourth avenue subway the old exempt act. When there is added to it section 4 of the rapid transit 'att, proof conclusive of a repeal is, so the commissioners assert, Section 4, after giving authority to the Rapid Transit Commission, the legal successor of which is the Publio Service Commission, to locate routes "over, under, upon through and across'- any streets or evenues in Greater! New lork.

excepts certain thoroughfares and property in these specific terms: "Except tnat no public park! nor land occupied' by or set apart for public buildings, nor certain portions of Grand, Classon and Franklin avenues and Downing street, and Washington avenue. De-Bevoise and Irving places. Lefferts place. Lee. Nostrand, Waverly, Vanderbilt and Clinton avenues, in Brooklyn, shall be occupied by any corporation to be organised under the provisions of this act for the purpose of constructing a railway In or upon any such parks, or upon or along either of said excepted streets or avenues." Subways Possible Even on Excepted Streets.

Sec. 4, after specifying the above-noted exceptions, then goes on to say: "It slinll he lawful lor hr1I poiii-mUfltnni-rn to locate tlie ronte nf rnllroml, or rnllvrajii. ly tunnel and iilnnsr any of xnlil afreets or avenue so excepted In thtu net." "The prepositions employed in framing this section." said one of the Public Service Commission's lawyers to-day. "indicate very plainly that tbe men who drew the section intended to differentiate between surface, elevated and subway railroads. The phrase, 'in or refers to surface railroads; 'over' pertains to elevated railroads, and -'under snd along' to subways.

"Lest there should be any possible dispute as to the meaning of the words as used, In the last paragraph, giving the commissioners authority to locate routes under even the excepted thoroughfares, the word 'tunnel' Is Inserted. "Now, taking up Fourth avenue. It Is seen that it is not included in tho list of excepted streets, and Its omission in that category operates as a repeal of the law of 18M, in so far as rapid transit is concerned. But. In the event of controversy arising, a repeal, direct and unequivocal, of the exempt statute Is established In the last paragraph of section 4, which specifically gives the commissioners authority 'to locate the route of a railway, by tunnel, under and along any' of even the excepted streets.

"In other words, the Public Service Commission is legally empowered to locate rapid transit routes along any thoroughfares in the greater city, with certain specified exceptions; and, even in the case of the excepted thoroughfares, routes may be located by tunnel underneath." To say that the public service commissioners were pleased to learn that by no possibility could the exempt act of 1861 be raised to Jeopardize the construction of the Fourth avenue subway Is putting it mildly. When the discovery of the old statute was first called to their attention, none of them regnrded it as an insurmountable obstacle, but some thought it might be used to causs delay. In the face of the Rapid Transit Act, it is believed, no one will attempt to employ It, even for the purpose of temporary embar rassment. No Date for Conference. The proposed conference between the select vommlttee of the Board of Estimate and the Public Service Commission i- n.uttla1 11 Ifl'hnrit to tell when it will take place.

It may be within two weeks. It may De auouici muiim before the committee aud the commission get together. Everything depends upon the corporation counsel and the time that he furnishes. Controller Metz, the chairman of the committee, with his opinions as to the question of easements that has been raised in regard to the streets through which the hubway was laid out. Meanwhile Mr.

Metis Is not Idle himself. He has had a staff of expert examiners busy for the past week or so, under the direction of Robert L. Jordan, examining the title of the under which tho Fourth avenue subway Is to be built to determine Just what portions the city owns and the portions where it has not acquired the fee simple. Mr. Jordan may have his report ready for the controller before the end of the week.

Mr. Meu did not take kindly to the published announcement that the proposed cmferenco with the Public Service Commits on would tako place to-morrow. As the chnirman nt the committee, he n'o-ie 'an set th dale for the harmony and ibis he will not do until he has received tlie corporation counsel's opin- HABERDASHERY. Every 1 of I glove, acarf and shirting suggestive of spring is found in our Haberdashery Department. Gloves tan, grey and chamois.

Scarfs new shades and designs. Shirts more attractive line than ever before; linen; percale and madras. Underwear any weight or material you wish. ESlABUSHEDOVER-HALFA -CENTURY Ion. Mr.

Metz is anxious to clear up first of all the legal entanglements in which the subway la involved before taking the matter up with the Public Service Commission. "Will it take a month before you get this opinion from the corporation counsel?" Mr. Metz was asked. "We will get it in less time than that." "Will it take two weeks?" "I think we ought to get it In less than two weeks." Must Have Opinion First. Mr.

Metz, however, made It perfectly plain that under no circumstances will he call the conference until he has this opinion at hand. The bill which was passed by the Legislature in 1861, restricting Fourth avenue from railroad purposes, is also before the corporation counsel. That point was referred to Mr. Pendleton by President McGowan. Mr.

McGowan had his attention called lo It, and In order that there might be no further delays when the tommlttee takes up the consideration of the subway, by bringing up this old law as an obstacle to the subway, Mr. McGowan decided to consult the law department Immediately. From opinions obtained from different lawyers in the Law Department it is not believed that this law will prove a serious factor in blocking the Fourth avenue Biib-way. The restriction simply forbids the construction of a railroad In or on Fourth avenue. It does not prohibit the bulldlne; of a subway under Fourth avenue.

The consensus of opinion Is that the corporation counsel will be-clde that the law does not apply to the construction of a subway under the thoroughfare. The corporation counsel will also be asked to give an opinion as to whether or not the difficulty of the easements on Fourth avenue cannot be overcome by instituting street opening proceedings and having the city acquire the fee simple of the Btreet. INCOME TAX BILL DRAWN. Attorney General Gives Hepresenta-tive Stevens a Draft. (Special to the Eagle.) Washlnglon, March 24 Attorney General Wlckersham to-day gave to Representative Stevens of Minnesota, the draft of an Income tax bill, prepared for the latter at the request of President Taft.

Stevens has been working on this subject for'' weeks and secured the assistance of the attorney general In drafting a bill tfter several consultations with the President. The feature of the bill is that it is so drawn that the Supreme Court may pass on the constitutionality of various sections of it, so that If parts of it are declared void the balance of the act. will not be killed. Attorney General Wickersham drew the bill with a view to meeting the objections of the court as set forth in its last decision. Stevens does not expect to do anything with the bill at this session, but If the President desires he will seek to have it adopted as an amendment to the Payne tariff bill.

YOUNG MR. YORK TO WED. Son of Ex-Police Commissioner Will Marry M. T. Daly's Daughter.

'The application for a license at the Marriage Bureau of the City Hall to-day discloses sn interesting little romance between the son of a prominent Brooklyn politician and the daughter of one of Richard Croker's oldest, friends. The young man is Frank Bernard York, the son of former Police Commissioner Bernard J. York, and the young woman Is Genevieve Marie Daly, the daughter of Michael T. Daly, former Deputy Controller under the Coler administration and now chief clerk of the Board of Elections Mr. York gave his residence al 66 St.

Mark's avenue. Brooklyn, and age as 31. Miss Daly lives at 188 Lexington avenue, Manhattan, and gave her age as 26. BUILDERS' DEBTS $51,000. Borough Bank Named as Creditor for $21,000 In Bankruptcy.

George Potts and Charles F. Partridge, composing the firm of Potts Partridge, builders, with an office at 189 Montague street, filed a petition In bankruptcy In the United States Court to-day givint their debts as amounting to (51.965.65. The assets column contains several real estate Items, the value of the properties being unknown to the petitioners. The Borough Bank Is a creditor for $21,000 but the liability Is offset by securities. A considerable portion of the remaining debt is also secured.

AUTO FRACTURED BOY'S SKULL. Little Arthur W. Bird, the 8 year old son of Wilson Bird of 229-4 Wyckoff street, was run down by a touring car owned by N. Kurtz, last evening, nt the corner of Bond and Wyckoff streets. Aithur and his chums were plnylng "pi isuuer's base," and he started to cross the street, not seeing the approaching car.

Kurtz put on the brakes, but his machine struck the boy, who received a fracture of the skull. Ho was taken to the Long Island Hospital. Kurti was arraigned before Magistrate Ttghe in the Butler street court, this morning, but he was discharged, as the boy was doing well. Tired Out Stomachs are given a chanco to rest and let natuiB renew their strength by the use of STUART'S DYSPEPSIA TABLETS. Tlu-y do part of nature's work in the saino way nature does It by supplying digestive Ingredients that Ret the food in shape for the blood to take nutriment out of it.

Loss of appetite, bad taste in the mouth, headaches and all plinses of stomach disorder are quickly cured by Stuart's Dyspepsia Tablets. Get them from the druggists. Price, 50 cents. Send us your name and address to-dsy and we will at once send you. by mall a sample package, free.

Address V. A. Stuart 159 Stuart Marshall, Mich. 1 FIRE NEXT TO HOSPITAL. Patients Were Not Alarmed, How ever Firemen's Good Sense.

While handling a lighted candle in a rear room on the first floor of the throe story andjjasement frame dwelling oceu- pied by Benjamin Friedman and fam ily, at 114 south Third street, shortlv-after 8 o'clock last evening, a servant set fire to a curtain. The fire spread so rap- Idly that the woman was unable to ex- ungulsh it and she ran screaming to the street. Policeman Krummell of the Bedford avenue station, who was in tho vicinity, turned In an alarm. Tho dwelling adjoins the Eastern District Hospital, but the patients In the institution were not alarmed by the close proximity of the fire, although some of the smoke penetrated through an open I window in the hospital. The firemen also used excellent judgment.

On reaching Bedford avenu the clanging of the bells ceased, and the chemical engine was run down to the burning dwelling and was used In extlnguishine the blaze, which caused a damage of $100. i AGED BLIND WOMAN WAS COOL, i Other Occupants of the Burning Tenement Were Excited. A fire which caused $1,600 damage broke out on the first floor of the apartment I house, 733 Carroll street, last night at 6 o'clock. It was confined to the apart- menr' where It originated, though the en-I tire building was filled with smoke alarming the Inmates, who, however, got out Bafcly. On -the third floor, with a 1 Mrs.

ThomaB Purdy. was Mrs. Ellen Mol-1 last or Philadelphia, who was 80 years old and blind. Some fear was felt for her, but she proved to have more control of herself than any other of the tenants, and reached the street In safety, aided by Mrs. Purdy and Patrolman James F.

Chrystai. There were eight families In the house. The fire occurred in the apartments of Mrs. Mary Waterbury. The building is owned by Francis N'owrohr, of 478 Thirteenth street.

THERMOS MAN GETS OFF. (Special to the Eagle.) Montreal, Canada, March 24 A verdict of acquittal was brought In to-day in the case of Charlt'3 H. Held, wno promoieu ihe Thermos bottle in Canada and was I charged with fraudulently obtaining 6.0iiii. The complainant in the case was Frnnt Gault. a prominent local financier.

It is- understood that this, with the other cases against Retd, were dropped as the result of an agreement reached among tnc inieremeu pm ues, restitution being made, It is said. WANDERED FAR FROM HOME. Robert Rourke. an aged man. of 8 a.

Jersey City, was found in Kail New York, last niahl and placed under arrest on the charge of vagrancy. Karly this morning his son whs at the station house and took the old man home. i DIED. PRENTIS MARY MORTON, iwlfe of Hennlng W. Prentis, depsrted this life nt 6:30 Wednesday.

March 24. 1909. Simple services at 1 P.M. Thursday at residence. 1270 F.ighty-flfth Dyker Heights.

Brooklyn. Burial Rockbridge County, Vfrginia, 'indicates Supplement..