The Brooklyn Daily Eagle from Brooklyn, New York • Page 16

THE BROOKLYN DAILY EAGLE. NEW YORK. SATURDAY. JULY 13. 1907.

16 HIT BY TROLLEY POLE WHEEL. BOYS IN THE ALTOGETHER BLUE PENCIL CLUB IN HUSHES 1Y SOON GIVE PAY UTILITIES BOARD, PENDLETON TELLS METZ MARRIAGESand deaths MARRIED. RIBLET PORTMORE On Thursday, July 11, by the Rev. W. C.

P. Rhoades, D.D., RAY HICKSON, daughter of Mr. and Mrs. Edgar I. Portmore, to ALBERT HENDERSON RIBLET.

$3.25 New York to Philadelphia VIA New Jersey Central lor tht ELKS REUNION, July 15 to 20 Tickets on sale July 13 to 17, Inclusive, -rood returning July 15 to 23. inclusive. Return limit extended to July 31 by deposit of tlckot by original purchaser with special agent and pavment of $1 not later than July 23. THERE'S A TWO HOUR TRAIN EVERY HOUR ON THE HOUR FROM LIBERTY W. 23d lO min.

before the hear. Vestibules Coaches, Pullman Parlor, Buffet and Dining Cart Governor Is Expected to Declare It Is Illegal and Should Stop. PERCY-GRAY LAW IN DOUBT. Mr. Hughes Known to Believe That law Does Not Represent Intent of Legislature.

(Special to the Eagle.) Albany, July 12 It is altogether likely that within the next ten days Governors Hughes will have something to say re- gardlng race track gambling In New York State, and especially in Kings County. Sheriff Michael J. Flaherty of Kings County, has made several attempts during the time that has elapsed since the Governor took office to get an official opinion regarding the legality of the betting which takes place dally at the race tracks. So far he has not succeeded la obtaining such an opinion from Governor Hughes, but It Is probable that during the coming week the Governor may make a public declaration regarding his views on gambling on the races, Since the passage of the Percy-Gray law the race track men have relied upon the provisions of that law to protect Brooklyn Woman Victim of Unusual Accident at Ridgewood. Bertha Peterman, 47 years old, of 940 Myrtle avenue, Brooklyn, while crossing St.

Nicholas avenue and Palmetto street, Ridgewood, at 6 o'clock last evening, was struck by a trolley pole wheel which fell from trolley cor No. 1806, westbound, of the Greene and Gates avenue line, sustaining a possible fracture of the right leg. She was attended by Ambulance Surgeon Aaronson of the German Hospital, and left for home. OBITUARY. Isadore Kaiser.

Isadore Kaiser died at 6:15 o'clock this mnnino. hl home, the residence of his parents, Mr. and Mrs. Benjamin Kaiser, at 367 Fulton street, Jamaica, In the 30th year of his age. The deceased was born la Manhattan.

For the past five years he was manager in Flushing of one of the hanch stores of the Kaiser wine concern. The deceased Is survived, be sides his parents, by a wife, Mrs. Henri etta Sellgman Kaiser, two orotneiB three Bisters Abraham W. Kaiser, Joseph Kaiser of Richmond Hill and Jamaica, respectively; Mrs. Dinah SlutBke or Manhattan Mrs.

Flora Boloman and Miss Ray Kaiacr' nf Jamaica. Fuderal services will be held Monday, July 15, at 1 P.M., at the late home of the deceased. Patrick J. Higgins. Patrick J.

Higgins, for over half a century a resident of the ureenpoini section, died to-day at his home, 627 Leonard street, aged 65 years. He was born in Belfast. County Antrim, Ireland, and came to Greenpoint in 1848. Me was in the liquor 'business and was a member of the Exempt Firemen's Association of the Eastern District. He was one of the earliest members of St.

Cecelia's R. C. Church on North Henry street, where the funeral services will be held on Monday morning. He was unmarried, and leaves a brother, Arthur who is a clerk in tne avenue court, and a sister, Mrs. Mary uimstea.

The burial will be In Calvary ueme- onn ijoscn. John Bosch, who died yesterday at his residence, 236 Etna street, was for more than flftv years a resident or tms Dor- ough, and for many years was prominent In club and fraternal lire in tne aasiern District. He was a member of the Busn-wick; Club, the Master Plumbers' Asso-c nllnn nf Brooklyn, the Knights of Galena, the Catholic Club and the Knights nf Columbus. There survive Mr. uoscn his widow, Camilla; two sons.

John Lewis and Charles Anthony, and six daughters. James La Rhett Livingston. T.nwrence L. July 13 Funeral serv ices will be held to-morrow afternoon at 30 o'clock over the remains or James La Rhett Livingston, who died at his summer home here on Thursday evening. from heart trouble after a short illness.

Deceased was second vice president of the Atlantic Mutual Insurance Company of Manhattan, and was 63 years old. He eaves a widow, one son and one uaugn- ter. Tho Hev. Henry Mesier, reciur ui st Tnhn'a P. E.

Church. Far Rockaway, will officiate at the funeral services, and the body will be taken to Philadelphia for interment on Monday. OBITUARY NOTES. Tl. Maf.fcnll ft.

Well ktlOWD resident Of Whltefttnne. 11M suddenly at his home yester day. In his 44th year. He and ni iainuj occupied a beautiful home at the corner or Seventh avenue and Eleventh street. He was a member of Atlantic Lodge No.

Ill, A of Manhattan, and of the Columbia Club of Whltestone. Ho is survived by a widow and seven children. Funeral services will be at his late home this evening-. Charles August juenn. uu Sweden August 21, MM.

ana nu ii. Brooklyn for nearly thirty-live years, died yesterday In the Brooklyn Hospital. rhe funeral services will be held to-morrow after-" with th ltv. Dr. Jacob- son, pastor of the' Bethlehem Swedish Church rsen.

aid three daughters, Sadie. Hulda Harwood of 1643 East Thirteenth street died nf canc-r. at nee She was horn In Philadelphia November 26. 1S63. mid was a popular member of Mar Urn Washington Chapter.

E. and Ma ha Washington Court. O. A. Her husband sur- VMaryheA wife of William Orandeman, of 357 Carlton avenue, died yesterday of at MntlAv ne was mini ,11 January 12, and had lived In Brooklyn alnre 1857.

For fifty years she had been connected with the 7.lon Lutheran Church and was one of the founders of Its Ladles Aid Association. She had been manager of the Brooklyn Orphan Asylum for thirty years. Her husband survives her. with four children and one 'wmlam Tobln. formerly a hotslkeepor at Coney Island, died at the home of his aunt, Mrs Tobln.

30 Ashland plnce. yesterday, of cancer. He was born in New York. 63 years ago. and had been In the hotel business on Coney Island for eighteen years.

THE COURTS. COURT OF SPECIAL SESSIONS Of tho Second Division of the City of New vrv miendar for Monday. July 15. Wilkin, .1 rirpftlrllng: Forker. 3., Fleming.

elates. Peter P. Smith, Assistant District People vs. Michael Colllgan, Ralph K. Mul-ford.

Benjamin Craddock, Joseph P. Grady, Eugene Scott, Louis C. Wagnor. Joseph R. Dunh, motor vehicle law; Philip Lelly.

John Trovman, Charles Falllngton, Joseph Natal, John WelnlenRerter. George Wohllebell. Olla Welnian, George Daley, assault; Robert Maxwell, Joseph Mgk. petit larceny; William Saul, liquor tax law; Sablna l)eta. JCels Llnd-blon assault; James E.

Raffcrty. liquor tax law; Frederick Klrsrhner, petit larceny; Daniel Herlehy, assault; Thomas Newell, Section 2S8 Penal Code, child's support; Patrick Nolan, assault. EXCUHSIONS. Long Island Sound linDUIIPU I INC. Mondays only, steamer nUrinibn Lint.

leaves Pier 40 foot Ciarkann St. 10:00 A.M.. ft. of F.ast 22d SK 10:45 A.M. for New London, connecting there for Norwich.

Fisher's Island, Stonlngton, Watch Hill. Narragansett Pier, Newport. Providence. Botnn. etc.

UCUl UlVm HHP- Str. RICHARD FECK Ivs. Slip, 'Week-flays 2:45 P.M.. Suns. 9:30 A.

Lv. ft. B. 22d St. week-days 3:00 P.M., Suns 10:00 A.M.

Return lvs. New Haven, week-days. 1:00 A.M.. 4:30 P.M. OPinnCPdRT I IMP, Steamers leave Pier E.

BHIUlltrUHl LlBt. peck Slip week-days, 11:00 A.M., 3:00 P.M. (Sats. 2:00 P.M.) Suns, 5:00 P.M. Ft.

E. 22d st. week-days, 3:30 P.M. (Suts. 2:30 P.M.) Suns, 6:30 P.M.

Return lv. Ilriflceport 1:00 A.M. (Daily ex. Sats. 8 A.M.

Folder on request. Address P. O. Box 452 N.Y. UPTHEHUDSONTO WEST POINT IRON STEAMER, "TOLCHESTER" SUNDAY, JULY 14.

Leave South Fifth st. Brooklyn, 9:00 A.M. Leave Batter Landing, New York. 9:30 A.M. Leave W.

21st st, N. 10:00 A.M. Leave W. 131st st, N. 10:30 A.M.

Isave Yonkers. N. 11:15 A.M. MUSIC PARE 75c. Refreshments at City Prices.

PERSONAL. I HEREBY order all persons having claims against the estate of the late Emma J. Hall to send the same, with vouchers attached, to LUCY A. GUILE, executrix, Richfield Spa. N.

Y. 6-4t a MY wife having left my bed and board I will not be responsible for any debts contracted by hpr. HARRY RUKSOM. LOST AND POUND. LOST DOCUMENTS, also RAIL MODEL; Annex ferry; reward.

THOS. H. ROSS. 44 Court st. Krnnklyn.

13-2 Jin REWARD for the return of green and brown HANDBAG, containing about 3 and a gold lockt't. Hotel Margaret. LOST Diamond COLLAR BUTTON, on Oatea av or vicinity, between Nostrand and Sumner av; liberal reward. AUWELL, 2i3 Qulncy at. 13-2 LOST String gold BEADS; Thursday night, either on Polhemus place, Carroll st or Lincoln place.

Suitable reward, returning li Polhemus place. AUTOMOBHES. SACRIFICE. In first class order; Cadillac: seats four; fully equipped: bargain. Private owner, 205 Hawthorne st, near Nostrand av, Flatbush.

AUCTION SALES. WE buv pawn tickets! Old gold. FEIN-GOLD, 290 Broadway, Brooklyn, near Marcy av; branch, 528 Sixth av, New York. 13-3 ARRESTED IT DUCE'S Talmage Charged With Passing a Bogus $50 Check on the Saloonkeeper. ONE OF A CURIOUS COTERIE Police Intimate That Knowledge of Certain Manufacturers Has Been Made Useful.

Detectives Delaney and Woods of the headquarters bureau lured Francis Tal mage from his home In the apartment house at 679 Vanderbilt avenue last night to the liquor saloon of William Duge, at 353 Flatbush avenue, and then surprised him very much by springing a warrant for his arrest on a charge of larceny, and actually took him In charge. This was unexpected, for "Billy Duge'," had been the gathering place of a number of kindred spirits, florid men with money to spend, members, as they all had boasted, of the "Blue Pencil Club," of which Tal mage was one of the chiefs. And to think that Billy Duge would cause his arrest on a charge of laying down a check for $50, even if there was no money In any bank to meet It, was too much for Mr. Talmage. He almost wept.

The two detectives had been looking for Talmage and some of his friends for some time. They had nothing, It Is true, against the friends, but Mr. Duge was angry because Talmage had Induced him to cash a check for $50 and had assured him that it was all right and he knew it. The draft was on the Jefferson Bank of Manhattan and was drawn to J. Ives on the order of the Henderson Publishing Company.

Mr. Doge's money went and the check came back marked "no account." That Indicated not that the check was no account, although it expressed that, too, but that the Henderson Publishing Company had no account the bank. And the police who have been looking the thing up have oeen unable to find any Henderson Publishing Company. They did find a Mr. ives, tor Mr.

Duge thought he knew him as a member of the "Blue Pencil Club" aforesaid, which has a home at Beekman street and Park Row, and anent the rec ord of which many things have been written In many newspapers. The detectives have a list of the names of five of the members of the club, exclusive of that of Mr. Talmage, in whom they are more or loss interested Just now. Mr. Duge says that these members all used to meet at his drought-destroy-and he used to hear them discussing things that puzzled him.

He intimates that at first he imagined that they were connected with some very powerful trade and trades union magazines, the columns of which were open at all times to them, and that they had. at a turn of the wrist, the making or unmaking of many manufacturers. Mr Duge, who was innocent of the ways of the world in some directions, rather gathered that some of the men, whose names are not given here, made money by promising to keep things out of the papers, and he thought further, In rather a cruel way. It came to him, Just the onaniMnn that the men were using their knowledge of the secrets of some manufacturers and tholr methods to triT.rl7.e the manufacturers by tnrcaten- Ing to have them exposed to labor unions and to print things about them that would be disagreeable. But then he felt sure that drafts that were made on the bauk accounts 01 tnese personB who gave up were not made In any criminal way, for he is confident that the alleged criminality of tho proceedings had once been discussed in his hearing and that one of the florid cote-rie had exclaimed "Pshaw!" or something to that effect, and had further satisfied trembling consciences with the remark: "We' sell them the blue sky, anyway." This was rather an enigma to Mr.

Duge, but he let It go at that, and did not worry thinking about It any more. Whatever opinion he had about the doings of the men did not prevent him from being polite to them, for they were free with their money, and a share of it went into the drawer of the cash register. And he had cashed other checks, too, for Mr. Talmage and others of the bunch, and he never had a suspicion that Mr. Talmage would do him out of fifty.

He did not hesitate a minute, but when assured by Talmage that the check was all right, counted out the bills. The check came back from the bank though, and then Duge called in the police, with master craft veiling his anger when' Talmage was about, but all the while getting ready, with the detectives, for a most distressing coup. The stroke came last night with the arrest of Talmage, who gave his occupation as "advertising solicitor." Lawyer George Gru appeared for the prisoner this morning and in his behalf pleaded "not guilty." Then he said that the accusation was dreadful, and added that Mr. Talmage was a respectable business man and that the complainant himself was a warm friend of Mr. Talmage.

Mr. Talmage would not be thinking that, if he knew how anxious Duge was to have him arrested. The case wont over for futher hearing, and the detectives went out to look up some other little matters connected with the recent doings of the coterie of which Talmage seemed to'be a member. There are other checks to be looked up, but Talmage Is not concerned In these. And there are a number of side issues inter esting to merchants and business men which will also be made the subject of Inquiry by the officers.

Talmage was released on $1,000 bail for subsequent hearing. BOY THE COMPLAINANT. Man Held on Charge of Committing Nameless William A. Hamm, living In Grove street, Ridgewood Heights, waived examination when arraigned before Magistrate Healy yesterday morning In the Far Rockaway on a charge of committing a nameless crime, and was held without ball for the Grand Jury. Hamm was charged with the alleged offense by George Hess, a boy 11 years of age.

SAYS HUSBAND ASSAULTED HER In the Far Rockaway Court yesterday morning, George Hastings was held under $500 ball for examination next Monday on charge of assaultlng hls wife, Josephine, on July 9. Mrs. Hastings alleges in her complaint that her husband came home, and, without provocation, struck her and threatened to kill her. The couple live In Hopkins avenue, Woodhaven. INDEX To Classified Advertisements in To day's Eagle.

Classlflcatton- Page tciflssiflcation Pase. 4 I Hotels 8 Auction Sales Aiil-mmbiles 15 Boarding 7 Business Op'l'nities Buainena 4 rata nnrt Count wine Ships 9 Corporation Notices. 6 Death Notices in Dentistry Dissolution 5 Dividends 14 European Resorts Kxcurdons 4 Financial 14-15 For Exchange 5 Furnished 7 Help Wanted 7 Hore Carrlagea. A In Memorial? Ifl Instruction 5 Legal Notices 6 7 Lost Found 17 Mlscellmeous 2 New Publications. 5 Ocean 9 I lumn.

4 I'ersonai. i 67-16 Public Notices 6 Railroads 9 Religious 3 Resort Ciuides 8 Sporting 4 Situations 7 Steamboats 9 To It-Sale 5-7 Wanted 67 II SHOCK TO Public Bath Arrangements Leave Them Open to the View of Everybody. 9 ROMPING IN BATH CORRIDOR Only a Screen Needed, Attendant Thinks Duffield Street Residents Protesting. Several complaints have been received at the Eagle office In regard to conditions alleged to exist at the Public Bath on Duffield street, between Tlllary and Con cord. The complainants, who requested that their names be withheld from the public, declared that boys and men, clad only In a few glistening water drops, were accustomed to run up and down the corridor on tho ground floor, with the doors open.

They could be plainly seen from the street; that there was a scarcity of towels and soap, and that, In short, the bath was a nuisance to the neighborhood. When a reporter visited the bath this morning he soon discovered that certain of the conditions complained of actually existed. The building Is a three-story brick structure, faced with stone. It Is situated on the west side of the street and has two entrances, one for women and the other for men. A thick wall.

running through the middle of the building from front to rear, keeps the sexes segregated In the bath house. Taking up a station directly across the street from the men's entrance, the re-porte saw that, not only were doors open, but that the doors lead ing from the-reception room' into the broad corridor which runs between the tiers of baths on the ground floor were also wide ajar. Boys are admitted to the public baths only In the morning on Saturdays, and scores of urchins, ranlnor In ago irom a io jo, were swarming into the entrance. Things were orderly enough until the boys had disappeared In the dressing rooms attached to every shower, but shortly afterward the cause for the complaints made itself manifest. Up and down the corridor, on both sides, the dressing room doors flew open and there appeared in the corridor a number of boys clad, as the complaints stated "only In shining drops of water." There was no difficulty In seeing the naked youngsters from the street; In fact, any passerby who happened to glance in the direction of the entrance could not possibly help seeing them.

After watching the dance of the naked for afew minutes, the reporter crossed the street, entered the bath and asked Attendant Tracy why such nrtiH. were permitted. His answer was that he best t0 keep the youngsters out of the corridor, but that they would 81 lnB of him. win oe ooys," Tracy said, "and juu jubc as well try to stop them 8 uaoeuan tne streets as to prevent them from occasionally running uornuor ana romping up and down. I try to keep them in the baths where tbey belong and I have a nice corrective here to apply when they break the rules.

(Here the attendant held up a long black strap which looked as If It had seen strenuous service.) "But continued Tracy, "I can't stand Iv. al cornaor every minute of ii i a ys romaln In uu uains any mor8 than I could sit here In the reception room all day. And the minute I leave uu.i iuur io receive some new visitors, oi ma urcnins are bound to run." wny 11 necessary to leave both open asked the reporter. mat is easily explained," was Tracy's luo 0uier aoors have to be left open to admit the public, while, at this time of year, the Inner doors, leading to the baths, must also be open, or the bathers would nearly suffocate from the heat. I'll admit that a screen, or some such thing, should be placed In front of the inner doors, Just as ft is In the women's division, but I haven't any screen to put there.

"Now, as a matter of fact, all these complaints emanate from one person a cranky old woman who lives across the street. She has come to me frequently to complain because she could see the boys running up and down the corridor from her front windows, and she has sent others to complain. Tho boys she complains of are only children, and I guess It won't hurt any one very much If he, or she, does'; occasionally happen to see them scampering up and down the corridor. "I told the woman In question that, If she had any grievance, to take it to the police or to Superintendent of Public Baths Hale. So far as I knov, she has visited neither to date.

As for men walking up and down the corridor, there's nothing in that. Men who bathe hero are old enough to know that the place tor tnem, atter tney have undressed. Is In the baths, and they stay there. "Is there a Bcarcltv of soan And fnwl? Not at the present time. It is true that a week ago we did run short of towels.

That was because some of the bathers, especially the boys, are constantly stealing the towels, in spite of every precaution we can take; and when the stock runs low It takes a few days for the city to repienisn it. uakes of soap are also often stolen, but 'we keep enough of that commodity op. hand so that we seldom, If ever, run short. 'No, my boy, there's nothing In all this but the cranky ideas of a cranky old woman." Persons living across the street from the baths did not agree with Attendant Tracy that the vision of naked youths romping up and down the corridor was a thing of no Importance. A four-story flat house and three three-story private houses stand across the street and they are all of them occupied by families of eminent respectability.

Some of them have lived in their present homes for years. "It's bad enough to have a public bath dlrectl yacross the street from your house, anyhow," said one of the tenants this morning, "without having it conducted in such a way that It is a disgrace to the neighborhood. I don't blame Attendant Tracy for the conditions; he's doing the best he can with the facilities at his "But I do blame Superintendent Hale. If he would spend a few hours In this vicinity, he would soon learn that disgraceful conditions exist, and, surely. It would not then be too much to ask of him to provide a screen to shut off from our eyea the vision of naked boys and men parading about the corridors.

It 1 a nuisance which should be abated at once." EACH THOUGHT OTHER A THIET. Policeman Pointed Pistol at Dixon, Who Said "Take the Whole House." Patrolman Phillips of the Parkville Precinct was passing the home of William Dixon, 800 Twelfth street, on Thursday night, and saw the window glass broken In the front window Just above the catch. On peering in he saw a lot or silverware, piled up as if ready to be removed. The patrolman went to the station house and reported the case. Phillips returned to the house by order of Lieutenant Dwyer.

He raised the window and went in. and sat down, pistol In hand, near the window, waiting for the burglar he had no doubt of there being a burglar. In about ten minutes he saw a man approach the window. "Throw up your hands!" ordered Phillips. "Take the whole house, but don't shoot," answered the man.

man was Dixon, The burglar has not yet been found. a Says Act Is "Not So Clearly Unconstitutional" as to Justify a Hofdup. A VERY GUARDED OPINION. The New Corporation Counsel Tells the Controller a Test Case Is Really Needed. Corporation Counsel Francis K.

Pendleton, In a lengthy opinion to Controller Metz, which was made public this morning, declares the law creating the Public Utilities Commission "Is not so clearly unconstitutional upon its face as to Justify you in treating It void." Controller Metz submited three legal questions to the Corporation Counsel. The first and most Important was whether the moneys still remaining to the credit of the old Rapid Transit Commission In the Controller's office would be legally available on the requisition of the new commission. The second question was in re gard to the payment of the new employes. The third was whether the offices which had been rented for the old commission by the city would be available for the use of the new board. Mr.

Pendleton makes it clear that, in expressing his opinion, he only passes upon the constitutionality of the questions which were propounded by Mr. Metz. He does not presume to examine into all the features of the law, which affect more the rights of individuals than they do the city. The constitutionality of these provisions will have to be determined by the courts. Mr.

Pendleton suggests that the only proper method to secure a satisfactory test of the constitutionality of the act Is through a Judicial proceeding by Instituting a taxpayer's suit. The opinion declares that the bill is undoubtedly an attack upon the principles of home rule, but the theories of home rule as laid down by the courts, Mr. Pendleton says, give these principles a much narrower sense than that In which they are ordinarily used. After quoting different sections of the law In an effort to reach a logical determination, Mr. Pendleton goes on to say: Does Not Consider the Bill a Local Act.

"From these extracts. It might be argued that the act Is local and that that part of its title which reads 'and making an appropriation therefor' is misleading. Section 63 appropriates from the State Treasury $300,000, of which $150,000 Is appropriated to the expenses of the com mission in the First District. "The title does not disclose that the City of New York Is required to appropriate money, though Section 14, as we have seen, makes it obligatory upon tne City of New York to do so to pay a portion of the expenses of the commission in the First District. "On the othor hand, the advocates of the bill may argue with great force that the bill is a general one and applicable to the entire state; that for the purposes of convenience and administration, the state has been divided into two districts; that for reasons which appeared convincing to the Legislature, different modes of paying the expenses of the two commissions were provided; and that the Legislature, unless restrained by some limitation of the Federal or State Constitution, possesses unlimited power of legislation over municipalities and counties.

"After a careful examination of the authorities. I am constrained to hold that they do not sustain the contention that tho bill is a local act. In arriving at this conclusion, I have followed that line of authorities which holds that It is Improper for the courts to declare an act of the Legislature unconstitutional unless It is manifestly so. If such a limitation is Imposed upon the decisions of the courtB, for a far greater reason should It apply to the action of municipal officers. It Is difficult, It not impossible, un less a concrete case arises, to properly decide a constitutional question.

The only satisfactory test of the constitutionality of this act could be had in some Ju dicial proceeding, In a taxpayers suit. or In some proceeding against you, In your official capacity, to compel you to act. "Nevertheless, the exigencies of the occasion are such that some expression of opinion should be given at this time. No Question That the Board Is Created for a Public Purpose. "The Intent of the section was to prevent the giving of the money of municipal corporations for other than municipal purposes, and probably the real question to be solved under this point is whether the money to be raised by the city Is to be used for a public purpose.

That the purpose of the Public Utilities Act Is public cannot be disputed. "In connection with this part of the discussion, It may be well to consider the objection which has also been raised as to whether or not the commissioners appointed under the act are city officers, who must be selected or elected by the city. "I do not see how these officers can be said to be city officers. Their duties have no relation to the administration of the city government; they simply carry out within a defined area the provisions of an act which takes in the entire State, DIED. WHILLDIN On Friday, July 12, 1907.

WILMON WHILLDIN. Members rf Stella Chapter No. 29, O. E. are requested to attend the funeral services at Aurora Grata Cathedral, cor.

Bedford av and Madison st, Sunday. July 14, at 2:30 P.M. ELLA M. BURR, Worthy Matron. Alonzo J.

Burton, Sec. WHILLDIN On Friday, July 12, 1907, WILMON WHILLDIN. Members of Clinton Commandery No. 14, K. are requested to attend the funeral services at the Aurora Grata Cathedral, cor.

Bedford av and Madison st, on Sunday afternoon at 2:30. Sir Knights will assemble In full Templar uniform at 2 o'clock, in the basement. MARCUS O. BURR, Commander. Francis T.

Burr, Recorder. 13-2 WHILLDIN Kismet Temple, A. A. O. N.

M. S. Nobles: Noble WILMON WHILLDIN has entered the unseen temple. You are requested to attend the funeral services to be held at the Aurora Grata Cathedral, corner Bedford av and Madison st, Sunday afternoon, July 14, at ciock. CONRAD V.

DYKEMAN. Illustrious Potentate. John W. Richardson, Recorder. WHILLDIN The board of trustees and the delegates nf the Brooklyn Masonic Guild are respectfully invited to attend the funeral of our late trustee and past president, WILMON WHILLDIN, on Sunday, July 14, at 2:.10 P.M., at Aurora Grata Cathedral.

GEORGE FREIFELD, President. Frank W. Roljbins, Secretary. WHILLDIN The nfflrers and members of Gilbert Council, 1343. R.

are respectfully Invited to attend the funeral services of nur late Brother WILMON WHILLDIN. July 11, 2:30 P.M., Aurora Grata Caihedral, Bedford av and Madison St. A itst J. W. WELCH, Regeijt.

Claf-kner, Secretary. Geo. IN MEM0RIAM. MYERS In memory of my husband, JAMES II. MYERS, who died July, 1899; also my son, WALLACE MYERS, who died July 13, 1304.

Deeply mourned. of DIED. Bosch, John. Casey, Wm. J.

Dowd, Elizabeth Erertsen. Mary M. Gabay, Samuel Kaiser, Isadore. Kouwenhoven. M.

Mallinson, James. McPadden, Peter Melin, Charles A. Noyes, Joseph C. Gantv, Mary F. Grandeman.

Mary A. Plebes, Frederick b. Harwood, Frances M. Sparrow. Rhoda J.

Horton, Mortimer S. Teed. Henry W. Howe, Thomas E. Tobin.

William June. Sarah E. Whilldin, WJImon. BOSCH On Friday. July 12, at 236 Edna Brooklyn, JOHN BOSCH, cloved husband of Cornelia Bosch.

Funeral from his late residence, 236 Edna st, on Monday, July 15, at 9:30 A.M. A solemn requiem mass at St. Michael's Church, Jerome st, at 10 A.M. Interment in St. John's Cemetery.

CASEY Comrades of William H. Hub-bell, Camp No. 4, United Spanish War Veterans, are hereby notified of the funeral of our late comrade, WILLIAM J. CASEY (late color sergeant) Forty-seventh N. Y.

Infantry, U. S. Volunteers, 8unday, 2 P.M. sharp, from the residence of his sister, 132 West Ninety-sixth et, near Columbus av, New York City. By order of CLINTON P.

HAMILTON, Commander. Charles V. Stevens, Adjutant. DOWD (nee Burke) On Saturday, July 18, ELIZABETH, beloved wife of James 8. Dowd, and daughter of the late George and Ann Burke.

Relatives and friends are respectfully invited to attend the funeral from her late residence, 130 Third place, on Tuesday, July 16, at 10 A.M.; thence to St. Mary Star of the Sea Church where a solemn requiem mass will be offered. Rest in peace. Interment In Holy Cross Cemetery. EVERTSEN On July 6, 1907, at South Kortright, N.

MARY M. EVERTSEN, widow of John H. Evertsen. Burial at the Albany Rural Cemetery, Albany, N. July 9.

GABAY At Boltver, Thursday morning, SAMUEL GABAY. Funeral from the residence of his brother, John J. Ga bay, 40 Woodhull st, Brooklyn, Monday, July 15, at 11 A.M. GANTV On Saturday, July 13, MARY F. GANTV, aged 1 year and 5 months.

Funeral from the residence of her parents, 1368 Herkimer st. Services Monday evening at 8 o'clock. GRANDEMAN At Nutley, N. Friday. July 12, MARY beloved wife of Wiliam Grandeman, In her 72d year.

Services at her late residence, 307 Carlton av, Brooklyn, Sunday evening, at 8 o'clock. Interment private. Kindly omit flowers. HARWOOD On Friday, July 12, FRANCES beloved wife of George A. Harwood, aged 42 years.

Relatives and friends; also, members of Martha Washington Chapter No. 281, O. E. and Martha Washington Court No. 14, O.

are respectfully Invited to attend funeral eervlces at her late residence, 1643 East Thirteenth st. Sunday at 1:30 P.M. Interment in Evergreens Cemetery. HORTON MORTIMER S. HORTON, aged 44 years.

Relatives, friends and members of Kedron Lodge No. 803, F. and A. Standard Chapter, No. 252, R.

A. M. Morton Commandery, K. No. 4.

and New Amsterdam Council, R. are invited to attend the burial services at 3:30 P.M., main entrance. Twenty-fifth st, of Greenwood Cemetery, on Sunday. July 14. HOWE On Friday.

July 13, 1907, THOMAS E. HOWE, aed 83 years. Funeral services at 481A Qulncy st, Brooklyn, on Sunday, 14th, at :80 P.M. Mem-tin of the Volunteer Firemen Association of City of New York are Invited to attend. JUNE Suddenly, of apopleiy, SARAH wife of William W.

June. Funeral -ervioes at her late resldenoe, 38 Kossuth place, Brooklyn, on Sunday, July 14, et 4 P.M. Relatives and friend, and members of Purity Lodge No, 837. I. O.

O. and Kings County Council No. 36. N. respectfully Invited.

Interment Monroe, N. Y. KAISER On Saturday, July 13, ISA-BORE KAISER, in his 30th year, at residence of his parents, Mr. and Mrs. Benjamin Kaiser, 367 Fulton st, Jamaica, where he lived.

Funeral from late home, Monday, July 15, at 1 P.M. Interment Bayside Cemetery. Omit flowers. KOUWENHOVEN On Wednesday. July 10.

1907. MARIA ANN, widow of Peter O. Kouwenhoven. Relatives and friends are respectfully invited to attend funeral from her late residence, 1663 East Eight eenth st, Kingsboro, Brooklyn, on sun-day, July 14, at 2:30 P.M. MALLINSON At his home, 108 Milton gt, after a long Illness, JAMES C.

MALLINSON, aged 78 years; leaves a widow and three sons. Funeral services Saturday evening, at 8 o'clock at residence. McPADDEN On Thursday, July 11, PETER McPADDEN, beloved son of Peter and Bessie McPadden (nee Fallon). Funeral from his late residence, 92 Amity et, Sunday, July 14, at 2 P.M. MELIN On Friday, July 12, CHARLES A.

MELIN, beloved husband of Ida S. Melin. Funeral from his late residence, 627 Fifty-eighth, fit, Brooklyn, Sunday at 2 P.M. NOYES On Thursday, July 11, 1907, JOSEPH CLARK NOYES, la the 65th year of his age. Funeral services at 696 St.

Mark's av, Brooklyn, on Sunday, July 14, at 3 P.M. Interment private. PIEBES On Saturday, July 13, 1907, FREDERICK EDWARD PIEBES, In his 63d year. Services at his late residence, 149 St. James place, Brooklyn, on Monday evening, July 16, at 8 P.M.

Masonic services 8:30 P.M. Members of Hiram Lodge No. 17, F. and A. Jersey City; Paulus Hook Council, R.

and Loyal Association, also relatives and kindly attend. SPARROW On Thursday, July 11, 1907, after an Illness of less than two days, RHODA beloved wife of John R. Sparrow, and mother of Bessie May, Eobert G. and Rhoda K. Sparrow.

Funeral service at her late residence, 455 East Seventeenth st, Flatbush, Saturday, July 13, 1907, at 8 P.M. Interment in Cypress Hills Cemetery, Sunday A.M. "The Saviour has our treasure and we Vlll walk with Him." TEED HENRY at El Paso, Texas, July 8, 1907, beloved husband of Emma of Brooklyn. Interment, Port Washington, Wis. TOBIN On Friday, July 12, 1907, WILLIAM TOBIN, late of Coney Island.

Funeral from the residence of his aunt, Mrs. P. C. Tobin, 30 Ashland place, on Monday, July 15, 1907, at 2 o'clock. Interment Calvary Cemetery.

WHILLDIN On Thursday, at his residence, WILMON WHILLDIN. Funeral services at the Aurora Grata Cathedral, corner of Bedford av and Madison et, on Sunday, at 2:30 P.M. Relatives, friends and members of the following orders are respectfully invited to attend: I Orion Lodge No. 717, F. and A.M.; Brooklyn Masonic Guild, Masters and Past! Masters Association, Orient Chapter No.

138, R. A. Fraternal Union of Anointed Hieh Priests. Clinton Com- mandery No. 14, K.T.

Kismet Temple, N. 1 M. Gilbert Council No. 1343. Royal Arcanum; Magnolia LoiJko No.

166, I. O. O. F. WHILLDIN Brethren nf Orion i No.

717, F. and A are requested to Jit- tend the funeral services of nur Intel brother, WILMON WHILLDIN. on Snnrljiy afternoon, July 14, in the Aurora Grata Cathedral, Bedford av and Madison st. Brethren will assemble in the basement et 2 o'clock sharp. ALFRED CROWE, Master.

Charles Delapierre, Secretary. WHILLDIN Orient Chapter No. R. A. M.

Companions are requested to Rt-tend the funeral of our late companion, R. Ex. WILMON WHILLDIN. at the Aurora Grata Cathedral, Bedford av and Madison st, Sunday afternoon, at 2:30 o'clork. FRED.

BOETTCHER. High Prie3t. George M. Duval, Secretary. i and I cannot see that they are city officers, any more than the commissioners appointed for the Second District.

"That the act in question does affect the affairs of the city by compelling the payment of certain expenses Is true, but I cannot see that the duties of the commissioners are In any way those of city officers. "These duties are those previously conferred upon the Railroad Commissioners, the Rapid Transit Commissioners and other state boards, and the new and added powers given by the act are not of such a nature as to make the commission ers city officers. "Not So Clearly Unconstitutional," Says Mr. Pendleton. "Upon the foregoing considerations I have reached the conclusion that so far as the act affects the City of New York, in matters In regard to which the city has the right to raise the question of constitutionality, the act is not so clearly unconstitutional upon its face as to Justify you In treating It as void.

"Many other questions might be raised in regard to the effect of the act. but these are questions as to which the city has no concern, and In regard to which it cannot, therefore, be heard to object. "Having reached this conclusion, I now proceed to answer the first three questions propounded to you by the commission; the fourth question cannot be answered by mo, Inasmuch as It relates to matters entirely outside of the Jurisdiction of the city or of Its legal officer. Rapid Transit Fund Can Go to Utilities Board. "(1).

The funds bertofore appropriated for the Board of Rapid Transit Railroad Commissioners are, by the act, transferred to the credit of the commission and are available upon its requisition. "(2.) Subdivision 2 of Section 64 pro-Tides that the Commission may retain in its employment any person or persons now employed by the Board of Rapid Transit Railroad Commissioners, and all said persons shall be eligible for transfer and appointment to positions under tho Public Service Commission of the First District. As to the future employes of the Commission, they are under the Jurisdiction of the State Civil Service Commission, and an application Bhould be made to that body for authority to make appointments. "(3.) Subdivision 2 of Section 04 provides that all contracts of the Board of Rapid Transit Railroad Commissioners shall be transferred and delivered to the new Commission. I am of the opinion that this is broad enough to include the lease of the premises occupied by the Board." YOUNG WOMAN ARRESTED.

Detectives at Coney Island Charge Her With Taking Man's Watch Fob. In their hunt for members of the light fingered fraternity and other violators of the law In the big crowd that was at Coney Island last night, Detectives Bah- man and Weyman of the Sixty-ninth precinct came across a good looking womanT daintily clad, who, they allege, had a habit of sidling up to men's pocketB. The detectives followed her through one of the big amusement parks. Deteptlve Weyman told Lieutenant Martin at the desk, after they took her to the station house, that he saw her lift a man's watch fob. The man had merely worn the fob for show, however, having left his watch at home.

He told the officers that his name was Andrew Peklo and that he lived at 1353 First avenue, Manhattan. When the girl prisoner, who said sne was Lena Cohen, 22 years old, of 245 East Fourteenth street, Manhattan, was brought before Magistrate Voorhees in the Coney Island police court to-day Mr. Peklo failed to show up. The detectives, however, made com plaints of their own, stating that they saw the girl remove the fob from Peklo's pocket and put her hand In other men pockets. The case was adjourned and the prisoner was turned over to Mrs.

Hughes, the probationary officer, who will make Inquiries concerning her antecedents. SAYS WOMAN BIT HIM. Policeman Joyce Was Helping Take Her Prom Brownsville Bath House. to A policeman who attempted to place Mrs. Bertha Svegals, 21 years old, of 131 Chester street, In a patrol wagon, yesterday afternoon, was bitten on the forearm by the woman.

A friend of hers, Mrs. Rebecca Teplitsky, 43 years old, living at 181 Thatford avenue, was arrested at the same time for disorderly conduct. The trouble began In the public baths at 1748 Pitkin street, where the women had taken a shower. While they were dressing one of the bath inspectors arrived. Some repairs were needed.

In order that he might perform his duty, Charles E. Sackman. who was in charge, directed Mrs. Amelia Bock, one of the attendants, to get the women bathers out as quickly as possible. She says that Mrs.

Svigals was fully dressed and was waiting for her friend. j' The attendant asked her to wait outside. She refused to go. So did her friend, when she was fully dressed. Policeman Gunsen was called; so were the reserves.

The two women screamed, and other women joined in sympathy. Four policemen took hold of the two women. Patrolman Joyce was on one side of Mrs. Svigals, and she bit him. An ambulance was called and Dr.

McNulty treated the wound. Mrs. Svigals denied using her teeth on Joyce. This morning Magistrate Hyian aajournea tuo hearing until July 15. HEAVY FOURTH TRAFFIC.

L. I. E. H. Auditors' Returns Show 208,000 Passengers Carried 2,000 More Commuters This Year.

Returns from the auditor's department the Long Island Railroad show that 208,000 passengers were carried by the trains of the company on July 3 and 4, which is a very substantial advance over the business of the national holiday of 1906. The business was divided as follows: North Shore. Manhattan Beach, Main Line, Montauk Division and Port Jefferson and Oyster Bay branches. Rockaway Beach, from Broadway Ferry and Williivmsburg Bridge to Rockaway. 25.514; Atlantic avenue.

local. 17.500. There were 2.000 more commuters bought tickets for various points out on Long Island this year than on June 1, 1906. them. It is well knowu that during all that time betting has been carried on openly at the tracks, and the gamblers who derive the profits from this betting have laughed at all attempts to stop them.

It Is not known what view the Governor may take of the constitutionality of the Percy-Gray law, but it Is known that he Is opposed to open gambling of any sort within the Btate and believes that the legislature did not intend to sanction such gambling when it passed the Percy-Gray law. The Governor believes that the sentiment of the state Is against gambling. When Sheriff Flaherty first made his appeal to the governor he was told that he should carry out his duty as interpreted to him by his counsel. Governor Hughes absolutely refused to give the sheriff any help regarding his duty. When the sheriff told the governor his personal opinion that race track gambling was Illegal, the governor asked him to prepare a brief setting forth his views.

The brief was prepared and Governor Hughes has given It careful attention. From hints dropped recently by the Governor it is clear that he has come to the conclusion that New York state does not sanction gambling of any sort and that the betting openly carried on at the race tracks is in violation of the law. If Sheriff Flaherty is told by the gov ernor that race track gambling is illegal there is no question that he stands ready to stoD it even if It is necessary to swear in a special force of deputy sheriffs and raid tho tracks. BIG GUNS SCARED CLUBMEN. Presidents of Three Clubs Feared an Earthquake Had Hit Far Kockaway.

Last night the members of the Cot tage Club, who are located on Mott avenue, Far Rockaway, got the scare of their lives. About 9 P.M., while John J. Kuhn, president of the Emerald Society; Edward J. Connolly, president of tht Cathedral Club, and Rudolfo Correa, president of the Cottage Club, were sit ting on the veranda of the' latter (the old Mott homestead), a loud rumbling sound was heard and simultaneously the house began to rock. Tumbling downstairs came the members who had retired early to avoid the mosquitoes.

They were almost scared out of their wits. When they reached the veranda another rumbling was heard and the shaking of the house and the rattling of the dishes made them think the day of judgment had come and as some of the members were not prepared for that day they were pretty well frightened. A succession of rumblings and shocks Increased their fears, and the beautiful green lawn in the bright moonlight took ou the appearance of a "night In Japan," for scurrying to and fro could be seen figures dressed in parti-colored pajamas, all looking for a place of safety. Mr. Kuhn quieted the fears of the members ty informing them that the rumblings and shocks were not from an earthquake, but that the government officials testing new giant shells at Sandy Hook, and then the hastily inserted couches were once more sought.

PROPOSALS. I'ROI-OSALS FOR BIDS AXD ESTI 31ATES FOR THE CITY OP NEW YORK. NOTICE TO CONTRACTORS. GENERAL INSTRUCTIONS TO BIDDERS. The person or persons making a bid or estimate for any service, work, materials or Supplies for The City of New York, or for any ot its departments, bureaus or otllces shall furnish the same In a sealed envelope, indorsed with the title of the supplies, materials, work service for which the bid or estimate is made, with his or their name or names and the 'date of presentation to the President or Board or to the head of the department at bis or its filce, on or before the date and hour named in the advertisement for the same, at which time and place the estimates received will be publicly opened ny the President of.

Board or head of said department and read, and the award of the contract made according to law as soon thereafter as practicable- Each bid or estimate shall contain the nam and place of residence of the person making the same, the names of all persons interested with him- therein, and if no other person be ao Interested, it shall distinctly state that fact that it Is made withuut any ennneotion with any other person making an estimate for the same purpose and is In all respects and without collusion or fraud, and that no member of the Board of Aldermen, head of department, chief of bureau, deputy thereof or clerk therein, or other officer of The City ot New York Is. shall be or become Interested, directly or Indirectly, as contracting parly, partner, shareholder, surety or otherwise In in the performance of the contract, or In tho supplies, work or business to which it relates, or in any portion of the profits thereof. The bid or estimate must be verified by the oath. In writing, of the party or parties making the estimates that the several matters stated therein are in all respects true. Each bid or estimate will be accompanied by the consent, in writing, of two householders or freeholders In The City of New York, or of a guaranty or surety company duly authorized by law to act as surety, and shall contain the matter set forth in the blank form mentioned below.

No bid or estimate will be considered unleM as a condition precedent to the reception or consideration of any proposal It be accompanied by a certified check upon one of the stat or national banks of The City of New York, drawn to the order of the Comptroller, or monev to the amount of five per centum of th amount of the bond required, as provided in Section 420 of the Greater New York Charter. The certified check or money should not be inclosed In the envelope containing the bid or estimate, but should be either inclosed In a He pa rate envelope, addressed to the head of the department, president or oa.ru. ur personally, upon the presentation of the bid or estimate. For particulars as to the quantity and quality of the supplies or the nature and extent of the work, reference must be made to the specifications, schedules, plans, on file in the said office the president, board or department. 4 No hid shall be accepted from or contract awarded to any person who Is in arrears to The City of New York upon debt or contract or who is a defaulter, as surety or otherwise, upon any obligation to the city.

The contracts must be bid for separately. The right is reserved in each case to reject all bids or estimates If it be deemed to be for the Interest of the city so to do. Bidders will write out the amount of their bids or estimates In addition to inserting the same in figures. Bidders are requested to make their bids or estimates upon the blank forms prepared and furnished by the city, a copy of which, with the proper envelope In which to Inclose the hid. together with a copy of the contract, Including the specifications, in the form approved by the Corporation Counsel, can be obtained upon application therefor at the office in the department for which the work is to be done.

Plans and drawings of construction work may also be seen.