The New York Times from New York, New York • Page 12

THE NEW YORK THURSDAY. JANUARY 20. 1893 TWELVE PAGES. 12 RAPID TRANSIT PROBLEUS A. Orr, the Commission's President.

Asks Mr. Gould for the Manhattan Company's Plans. AN APPLICATION NOW INVITED 4v Allow TlmtM Railroad Zz tensions t7ndr Certain Condi-' tlons Mr. Gould Prwniss a Bply booh. 'I'lm aocordano trith th resolution adopted at Monday meeting of the Rapid Transit OemalMioB.

President Orr wrote Trm tflent Oould of Um Msnnsttsa X2s- vatod Railroad Company asking a itaUment of his plans toward the solution of th rapid transit problem. Mr. Orr remind Mr. Gould that more than a rear ago, after th board had decided that It bad no power to grant certain prrrileg asked for toy the derated company, be wrot. explaining- tb stand the board took and asking further Information.

He reoslTed bo reply to that communication. His letter of yesterday was as follows: "On June 1808. yon presented to the Board of Rapid Transit Commissioners th. formal application of the Manhattan Rail- mim ot rauroaa over streets not uiea occupied by your railroad, and to enlarge your structure In certain streets then occupied by It, and this Application was supplemented, and to a certain extent modified, by an oral oommnnleatloa made by 'you to the board on the same day, by a letter from you to the board, dated July 15. 1880.

and by an amended application filed by you with the board on July 18, 1898. Upon the examination of this applies tlon, (as thus smended and modified.) which was Immediately undertaken by the board. it appeared that your company had made application for certain privileges. Including the right to run surface railroads upon many miles of streets, which this board had no power to grant; that It contained no assurance that such additional franchises as 'nLkt a iiiivii.m-j utufl, Liio.L it cunuunra no oner to the city for the valuable franchises thus sought, (although this board naa no authority, under the law, to grant franchises without exacting reasonable compensation); that It was technically iu viurr iwriiuiiimi sou, nnaiiy, that It was based upon the condition, with which this board had no power to comply, that your company should be insured in Soma manner tnr ttm rlt amlnat oil ilalmi for damages of property Holders whose properties might be Injured by the alterations and extensions of your railroad thus soughtiby you. i At the Instruction of the board, I accordingly wrote to you on Aug.

6, lSlKJv pointing out the respects wherein the application so made by you embraced matters transcending the powers of the board, and other particulars In which it was deemed Insufficient, and I added that the board hopes that your company, in of the exceptional privileges It has received from the city and of the exceptional advantages It has enjoyed for the extension of rapid transit facilities will promptly amend Us application so that the board can- lawfully, and also explicitly, and understandlngly oral with it And I also conveyed to you the assurance of the board that. upon receiving such an application the board undertakes to reach lis determination without delay. This letter did not Imply criticism of your-obvious, and very proper, desire to obtain the best possible terms for the stockholders Of the imnortanl rn IrAn 1 nr sented by you. And the criticism of your application contained In It was simply designed to bring about an understanding so explicit as to render possible some further application on your part which should be framed more liberally in the Interests of the public, and should not be based upon jutrxtu ur imposaiwe conditions. "To this letter the board has received no reply, and- the application thus made by Cr company is still pending before this rd, but In such a shape, and based upon such conditions, that the board Is without I- to oral with It.

It Is, however, and always has been, the opinion that exceedingly valuable, and practically exclusive franchise now possessed by your company. In some of the streets of this city, would enable It, If. Its present structures were enlarged, strengthened, and were extended to the North, under the authorisation of this board, to greatly Increase Its capacity and to afford a large measure of relief to that section of the city lying within which is now practically deprived of all means of rapid transportation to the lower and more populous parts of the city, and that these much-needed facilities could he 'afforded bv vour comnnnv hum nnixVio and oerhaDa at Ihi nunu than k- other corporation. in view of these considerations, and of your own reported statement that i avsire or your company to enlarge and extend its present facilities, the Rapid Transit Board instructs me to Invite from your company a prompt application for such additional facilities or extensions as it may now desire; and to add to this invitation the assurance that this board Is willing to go as far in granting additional facilities, upon assurance of prompt action on the psrt of your company and of its willingness to make due compensation to the city, as the Interests of the city and the requirements of the law will permit," Mr. Gould yesterday declined to discuss the letter.

He said he had received and read it and would dictate a reply to it within a day or two, as soon as be could find time. With regard to the rumor that a scheme of transfers was to be arranged between the elevated railroad and the cars of the Metropolitan Street Railway Company. President Vreeland said he knew nothing about it. Oenvnal Manager Fran Moll of the elevated declared himself equally in tho dark. REFORMATORIES CRITICISED.

Recorder Gag's Esnpfcatl' Remark, la Beading a Yoaaa- Man to Peait.aUary. Recorder Ooff, In the General Sessions Court yesterday, expressed himself emphatically on the subject of sending prisoners to the Elm Ira Reformatory; when passing sentence on Ernst Corser, twenty, three years old. of 28S West One Hundred and Seventeenth Street, who had pleaded guilty to grand larceny In the, second degree. He was sentenced to the penitentiary for three months. The prisoner was arrested on complaint of Herbert J.

Corser his brother, who accused him of stealing 43 from his bureau. The defendant said he had gone into his brother's room after a pair ot cuffs and found the money lying on the bureau. "Ordinarily 1 would send you to the El-mlra Reformatory." said the Recorder, but I have always hesitated to send young men there for the reason that it frequently happens that they are detained for a longer term than a court would think of fixing in the sentence. "I am in thorough accord with Gov. Black in his recent message to the Legislature upon that subject recommending legislation which would permit a court to definitely fix the term ox Imprisonment in the reformatory.

Under the present system the authorities In the reformatory may detain a prisoner for the maximum term ot imprisonment. It may follow that from some petty breach of discipline or some slight Infraction of the rules a prisoner may lose his merit marks and consequently be detained, and this may result from the report of a warden or watchman, or some other petty official, upon whoso shoulders no publlo responsibilities A3f JLBSQy AMtEST rSOMXSEiX Two TJIstrieC Attorwey Say Be Baa Mack, Isapsrta at Bvtdeaeo. Dlstrle Attorney Gardiner said yesterday that an Important arrest would soon be made la connection with the cases of the big gang of alleged firebugs of two yean ago. Mr. Gardiner, Fir Marshal MItchel.

and representatives of several large lasuzw a no companies were In consultation yesterday In the District Attorney' office. Air. Gardiner said after this consultation: Wo hare la our posseeslosi evidence which will produoa sensational developments when the arrests are mad. I Intend to push the firebug cases to a termination, and to atop this business of arson." PENUCHLE AND ORTHODOXY. JtwUh Cema-resraJlea Wis Was Kx polled for Play lag Card Sao for Daasag-e.

There 1 aosaAsl and trouble la the congregation Wreberec, tn Bast Broadway, on of th most strictly orthodox Jewish organisations la th city, over an alleged case of the playing of penuchl oa the Sabbath day by Iaaaa RablnowlU, a dealer la general merchandise at 384 Cherry street. Th congregation Is not only a religion organization, but a kind of mutual Insurance and aid society. Member who die In good standing are buried, and their widows ars pensioned, and car and help are given In case of sickness or Injury. Membership therefore, valuable, especially a the cssn aanet in bank amount to several thousand dollars. Isaac OreenblatC who has a shoemaker's shop at 63 Attorney Street, is the President.

Mr. Rabtaowlts became a member of the congregation several months ago. Pubtlo and private life la regulated by the synagogue with fidelity to th Book of Lswltlcus as strict as modern conditions permit. There are seventy special congregational rules to which every applicant for membership must promise obedience. One ot tn.se is that attendance upon the shall be regular unless some excuse satisfactory to the authorities is given.

Three weeks ago Mr. RablnowlU was absent from the regular Sabbath meeting of the eongrea-ation and sent word that he was sick. Immediately after the conclusion of the service a committee was started out to pick up his trail. He was not found at his home. The committee reported, however, that he was found at a nela-hboiing saloon playing penuchl.

and making royal marriages, fours, and sequences so fast that the piac was filled with th dust of the chalk he was using to keep count. The committee had never seen such penuchle Played anywhere. It lingered, until the play was ended abruptly by the! discovery that Rabinowlts, according to th committee, had acquired every dollar there was In sis-ht. Having noted this fact, the committee re-' me uoverning committee ana that body promptly and decisively cut oft the delinquent from the congregation. All the money he had paid in for dues was put In a bag as unclean and carefully left at his house.

A proclamation reciting the alleged sins of Rabinowlts was written out In Hebrew and sent to each member of the Rabinowlts has begun suit against the congregation for damages. He denies that he Is a gambler, as the Governing Committee charges, and says his expulsion Is the work of a faction which has always been opposed to him. Furthermore, he ssserts that there Is nothing In the seventy special rules or the general laws under which orthodox Jews are governed against playing penuchle, and certainly nothing requiring a man to lose money on it If he can win. Louis A. Jafter of 320 Broadway Is counsel for Rabinowlts, and has served the Papers.

Mr. Green Matt said last night that the matter had been referred to the congregation's lawyer. ilEAKXY 800 FEB CENT. DUTY. Importers Protest Against Customs Rating of Cartridge H.

I waiter St have a protest now under consideration of the Board of Classification of the United States General Appraisers, which is the first of its kind that has come up under the new Tariff act. In objecting to. the assessment of 2.50 per pound specific duty on an Importation of cartridge bagging the Importers say that such a duty Is equivalent to 733 percent, ad valorem. Cartridge bagging Is made of silk, and the Appraiser at this port classified it as a manufacture of silk In the gum ecru, a woven fabric." GwaJt-r A Co. Imported three pieces, each 234 yards long, and the local customs authorities, finding that the merchandise, weighed more than 1 1-3 ounces per square yard and less than 8 ounces per square yard, assessed at $2.50 per pound under Paragraph 387 of the new Tariff Act.

The lmoortera annealed to the General Appraisers, claiming that the goods were uuiiaoie oniy at per cent, ad valorem as "manufactures of silk not specially provided tor." A sample of the bagging was filed, with Gwalter A protest, and it does not present the appearance of hierh-Drlced material. The Board of Classification heard testimony on this question, and win render a decision within a few weeks. AGAINST THE FIREMEN. Mr. Seaaaell Declares He ill Try to Break In Their Protective Order.

While trying a fireman on the charge of Intoxication, Commissioner Bcannell yesterday declared himself opposed to the Firemen's Mutual Protective Association, and said he would do his best to break It up, as It was a political organisation. No man belonging to the organisation would be promoted, he declared, as long as he was Commissioner. He also said that the order was Injurious alike to the men and to the Interests of the public. The fireman on trial had several of his comrades testify that he was not intoxicated, although both his foreman and Captain maintained that he was. The Commissioner asked one of the firemen if he were a member of the association, and the fireman replied that, he was.

The fireman on trial was fined the limit ten days' psy. "Want Chief Boaner Retained. The Board of Fire Underwriter, at Its meeting yesterday In the rooms at 32 Nassau 8treet, adopted a resolution putting on record' Its unanimous opinion regarding the value and efficiency of Fire Chief Bonner, and urging the necessity retaining him preamble is to the effect that to make any i ua.t duilt nuuiu io aepnvc tne city of Its most efficient expert, and to possibly suject It to a sweeping conflagration, causing enormous destruction of property. Copies of the preamble and resolutions were sent to the Mayor and to Fire Commissioner Scannell. CONSOLIDATED FBUIT JAB CO.

Jfew Brmnswtek Stockholders Seeare Control of Its Affairs. A strong fight for control of the affairs of the Consolidated Fruit Jar Company developed at the annual meeting, held yesterday in the Warren Street offices. Bince Ralph W. Booth, the founder of the company died, about ten years ago, the fort unes ot the company, which practically manufactures all the rrult Jars used in the country, have declined, and the one-hundred-dollar shares, then held at laiiO. are now quoted at $30.

For the first time since the company was organised no dividend has been declared for the current year. The company has a lara-o plant at New Brunswick. N. J. and employe in all about 600 hands.

Until yesterday's election altered the aspect, the New York stockholders have been In control. Frank P. Wisner was President for several years, and for th last two years C. B. Buckley, a lawyer of this city, was President.

They held the proxies of the Booth heirs and. the New Brunswick stockholders declared, mismanaged the business. Suit brought hv company against Mr. Wisner has been IKauioi la tne aupreme uouri lor some time. Th rapid decrease in the value of their holdings convinced th heirs that a change of management might be beneficial, and resulted yesterday in the election of the New Brunswick ticket.

Th new Board of Trustees is composed of five New Brunswick men and two New Yorkers. The outgoing President, who wss a candidate for re-election, was supported by 1,72 of the 4.301 shares of stock voted. The Trustees elected are W. G. Low.

Lewis T. Howell, Henry R. Baldwin, H. McMur-trle, Oliver M. Palmer.

P. Hampton Wyck-1R- W. Booth. Mr. Palmer was made President.

Killed Htssself la a HteL Henry W. Mudge of Glen Cove, I killed himself about 10 o'clock yesterday morning at th Continental Hotel by shooting himself in th head. It Is supposed that he was suffering from th effects of drink. He registered at th hotel on Tueadar night. Before retiring hewrote everallet-terj.

which he mailed. When he shot himself a chambermaid ran to his room. Muds lay on th floor. A physician was summoned, but befor he arrived Mudg died In th afternoon J. J.

Luyster. Under Kherlff of Queans County, and a brother-in-law of Mudge. called at the Coroners' office and Identified th body. He said that Mudges domestic Uf bad been a happy one. and that he knew of no reason for the suicide, unless It was that of general depression following a spree.

believed that his financial oondMoa was comfortable and that he was perfectly honest. Th dead man was forty year old. He 'was a on of William Muet wra tj vn WCU- known oa Glen Cove. A widow and on caua survrr The Absolutely Pure THE DEPARTMENT BUDGETS Major Van Wyck Enlivens; the Board of 'Estimate and Ap portionment Meeting. HE ATTACKS THE NEW CHARTER Its Framera Sharply Criticised Too Many Office Provided For, Sava Grand Concotm Item Dropped.

Thk Board of Estimate and Apprtrt Ion- men continued yesterday afternoon tne cons deration of the department budgeta The budget for the Folic Department was on tl calendar, but no on responded when it i called. The estimate for the Depart nent of Sewers was read and referred to tr Controller. It is aa follows: BoroSgh of BoroSffh of Brooklyn. Koroeirh.of iirunx. XM.ODO 162.

TOO sa.aio 20,600 EHnngn or iaerai BoroSaa of Richmond Tital. sta.aM Th estlmat 1 not an increase over last year, Th Department of Highways asked for the following appropriations For Manhattan .11, SM.ftSfl For Ctueena 264.914 For Richmond 130,184 S3.34&.0U5 In this total' was Included $600,000 for-wort on the Grand Concourse. When the item was reached the Mayor said that th Grar il Concourse would not be built during his dmlnistration. Has the city incurred any contract obligations to continue this worl he asked Commissioner Keating. but $25,000 has already been spent In si rveys," Mr.

Keating replied. rejoined Mayor Van Wyck, "I fane you won't finish th Concourse this year Th Item was stricken out. The bill for the oullding of a Grand Concourse was pass by the Legislature at the time when Hem D. Purroy, ex-County Clerk, was the Tammany leader of the annexed district It was then said that the bill was intrc iuced and passed at his behest. It was also aald that the building of the Concourse wouli aid him politically.

Since then Mr. Purr ay has left Tammany Hall, and during the Mayoralty campaign be and his friends supported Seth Low Wl en the Item of department officers was beini considered the Mayor said to Highways Commissioner Keating: What's the reas for all these offices? Why can't you run your department from your central head matters? What Is the use, for Instant of having an engineer In every borough?" 1 he charter makes it necessary to have sepa: ate offices." Tell, there's so much nonsense in that volume that good lawyers don't know just what It mean. The fellows that made It dldn' know themselves just what they wan ed. They said they wanted one big-city, but they seem to have made five cities. Thej were the kind of people who believe that everything aa it exist is wrong and musl be changed to be right.

I don't think there is any need of having all tl lose offices. We want right now to let the 1 eads of the departments know how we feel ibout such matters. We can go ahead this year without creating all these offices, and lext yar. If we find that wo have got to hare them, can put them In the budget." Controller Coler agreed with the Mayor, and said that consolidation was going to cost 0 per cent, more than did the adtnln-istra tlon of the old municipalities. If all such items were allowed.

We want to keen the taxes then adde-fl Mayor Van Wyck. "The people already have about all they own taken away in trees." '-President Holahan of the Board of Public Impijovements presented the department estimate. It Is as follows: Contingencies $20,000 EzpeSse of ercctins street line aaonaoMnta 4.200 Oenetal expenaea IS.OfiO Salary account 457,465 tal .1.... 706 estlmat by bor- The salary Is: account ouglis Manhattan 3.44 40.IM0 Brooklyn tfron Thfe Mayor Objected to some of the Items, and air. Holahan tried tb explain why thev wer necessary expenditure.

He said that the charter put on hia department the resp mslblllty of preparing a complete map for the greater city and furnishing plans for ny improvement. The city can adopt no better plan to keep it from bankruotcv than to lay out the city streets." said Com-rolstioner Holahan. The lack of accurate survey maps is keeping back many pri vate! Improvements. The preparation of thesf maps would Increase the assessable valuation in the northern cart of the eitir- alonk at least It the city wants to keep away from the limit of in- debtrdness. it can ao so by facilitating these Improvements." Thfe Mayor could not believe that the of New York and Brooklyn were CltiHs wit hbut accurate maps, and Louis ft.

Rlsse. Chief Ensrlneer for the old Annexed rvia. trlct Board of Improvements, undertook an nation. He said that north of One explanation, Hunfired and Fifty-fifth Street the city was virtually unsurveyed. our Honor win see how necessary" ed In Commissioner Holahan In an effort started to Bti pplement the information.

call me your obieeted the Mayor. Call me Mr. Mayor." Mrt Holahan continued with his inrummt. and another engineer, who was present, said that I only 8 out of the 150 square miles In Queans County had been mapped out bv streets. Assistant Corporation Counsel fltrlino- aaldlthat the present maps were based on surveys made in lbTh.

Corporation Counsel Whdlen said the maps for the making of whldh Commissioner Holahan wanted tha appropriation were a necessity, as the city would be taking a risk In making any ex pensive public Improvement before the stre lines were absolutely fixed. The budg et was then referred to the Controller. Clean Brooklyn Streets. Debuty Street Cleaning Commissioner Quidn of Brooklyn baa prepared his budget for she current year for submission to Corn- missloner McCartney. He asks for S90O.oan.

incltidina tg a deficiency of X26.527.97 from laat yearl StilO, of which $230,000 was for the re- movkl i a won oaiance rrom ear before of 141.303.87. The csah r. the eel- oeivtd during the year was $2,791.33. The department1 tment Tan short of money In Septem-87. and $90,681.41 was transferred berj froni other accounts.

In December the de- parttnent agaln ran short, and it became to tninM t9 nKB oa T. -i necftesary ior the year was $708,835.68. TO APPEAL FOR CLZ7P0BS. Laifyer Peehall gays He WU1 Ahol- lsk ttat Execmtleaa. Chkrles J.

PeehaU. th Jersey City law yer I who for two years prevented the exe cution of Edward Hallinger. th negro who killed his wife, yesterday announced that he Sad taken tro the case of Edward ni fordl who killed William O. Wattson. He not kmly said that he would save cnirrnrA-m but would abolish capital punishment wTV-.

wipw oui. tne uourt Xt Pmhait AfUmmA v. mvsed in inv ttiw preaumed that in the Clifford case he will follow th same tactics, he pursued in th Hallinger ease, which waa to apply to a rnlted States Court for a wrttof error. Whn was denied he took an appeaL which acted as a stay until the appeal was dlsralsse and then went befori another UnUed Sutes Court and repeated the pro-oessl Th third application failed, and hi cilest was executed. Thursday Annual Sale of Misses' Children's High-class Cotton Dresses of Scotch Ginghams and Dimities, handsomely trimmed, sizes 4 to 14 years, '1.

3. M.85 75 0 Infants' Dresses rf Ginohams and Uwns. 98c sizes 1 to 4 years, 11. 48 West 23d St; A PLACE FOR COL TRENHOLM. Hcss 'ef Nrtk AsierlesB Trsii Coa-.

paayW. I. Jokastoa Saeeeeds Hlaa la Asacrleasi Sarety. CoL William I. Trenholm, President of the American Surety Company, was yesterday succeeded by Walter -8.

Johnston, a Trustee of the who Is receiver of the Marino Bank. It is' possible that Mr. Johnston may not retain the office long. While the Trustees of th American Surety Company were transacting this and other business, CoL Trenholm Was elected to the Presidency of the North American Trust Company, whose offices are In the American Surety Building, 100 Broadway. Other officers elected for the American Surety Company were: Vice Presidents-Henry J.

Lyman. David B. Sickels. and Ft. A.

C. Smith; Secretary William E. Keyes; Treasurer David B. Sickels; Assistant Secretaries 8. Mackellar, G.

M. Sweeney, and W. A. Brandt; Solicitor-Henry C. Willcox; Assistant Solicitor Jar-Vis W.

Mason; Attorneys Samuel S. Perry and Cortland S. Van Rensselaer; Executive Committee William A. Wheelock. Henry H.

Cook, Thomas P. Ryan. James A. Hay den. Marceilus Hartley, John C.

BulUtt. John J. McCook. Elihu Root, and W. B.

Kendall. Mr. Ryan Is a new committeeman. Mr. Kendall succeeds Mr.

Johnston. The Committee on Accounts consists of R. A. C. Smith.

J. J. McCook. and C. H.

Lud-dlngton. Mr. Smith is new ss a Vice President, and Treasurer Sickels succeeds Heth Lorton. The report of the company for 1S07 showed resources $5,629,646.07. against in 1896, and liabilities against $5,122,803.76.

In 1897 claims of were settled, of which was on account of 2.000 defaulters. 7 of whom, belonging to banks and railroads, required an aggregate settlement of The North American Trust Company issued a statement last evening, which, after speaking of the election of CoL. Trenholm to the Presidency and praising his ability, said, in part: Samuel. M. Jar-Tin.

who has heretofore been President of the North American Trust Company, resigns from that position In favor of Col. Trenholm. and will hereafter devote himself mors especially to the International business of the company. Be and Roland R. Cbnklln will be the Vice Presidents.

Ex-Vlc President Adlal E. Steven "on recently accepted the appointment of General Western Counsel of this Trust Company, and has also been elected one of lu Directors. The North American Trust Company was organised about two years sro, with a capital of il.0U0.00O, fully paid in. since organization, although It has pursued a very conservative pollry, the undivided profits to-day amount to It will henceforth be much more active than heretofore, extending- Its business widely, both In this country snd In Europe. Officers of the company added that Mr.

Jarvls's relations with it remained not only unchanged but still more strongly cemented both as an officer and a stockholder. XiEQAL NOTES. Question op Marriage. After letters of administration had been granted to Jacob J. Brush upon th estate of his deceased brother, Joseph C.

Brush, who in his petition had stated that deceased "left no widow." they were revoked by the Surrogate, in May last, on the petition of Jennie Brush, who claimed to be the decedent's wiaow. one assertea mat she was married to the deceased In October, 1876. It was claimed on the part of the administrator that the intestate was an unmarried man, and had lived exclusively at No. 82 Morton Street; that for thirty year before his death he had slept In his apartments there, and waa believed by the members of the household to be a bachelor. Jacob Brush's appeal from the decree of the Surrogate's Court was argued yesterday before the Appellate Division of the Supreme Oourt.

It was contended on the part of the appellant that the evidence adduced on the trial wholly 'failed to establish a valid express contract of marriage between the deceased and the respondent; that, although no form, rite, or ceremony Is essential in this State to the validity of a marriage, it-does not follow that any cohabitation, with whatever motives begun, may. by the false acknowledgment of the marital relations, kept for a time, grow Into a lawful state of matrimony. To raise a presumption of the fact of marriage, from that of cohabitation, it was urged tnat the latter must bo matrimonial. For the respondent it was argued that though no witness to the contract of marriage between the couple was produced, the marriage was conclusively proved by long and continued cohabitation of the parties, their acknowledgment of each other as husband and wife," their declarations before witnesses that they were married, their conduct toward each other, their reputation as husband and wire among relatives, friends, and neighbors, and their reception as husband and wife among relatives, which, when taken together, proved the existence of a legal and blndina marriage, which fully compiled with the statutes of this State. Decision was reserved.

Fa milt Settlkukjtt. In an action by Henry W. T. Steinway to have declared void a clause of the will of C. P.

Theodore Steinway, as suspending th ownership of. 4.000 shares of stock of Steinway A Sons, valued at $1,000,000. for more than two lives, judgment was secured that this trust clause was invalid. The defendants, Charles Steinway and others, set their answer that the plaintiff by his various acts and conduct induced the executors to administer the estate according to the requirements of the will, and accepted Us benefits; that he agreed in writing that the estate should be closed up as the will directed, which eras done, and all the assets were distributed: and that by a writing under seal, for a consideration expressed and received, he released the executors from all claims and Induced other beneficiaries to subscribe for an increase of the capital stock, as owners under th will. The Court held, on the trial, that the act of the plaintiff thus set forth did not amount to an estoppel, and th trustees were directed to pav bark $130,000, erroneously distributed.

Th Ad-peltate Division has reversed the judgment and directed the complaint to be dismissed' holding, in an opinion by Justice- Patterson' that it was unnecessary to pass upon the question of the validity of the trust the plaintiff, by reason of his acts, had no standing in a court of equity to maintain the action. Treatment roa Alcoholic or Narcotic Habits. The Equitable Life Assurance Society of the United States, when an action was brought against it by Bruno Richter and others, administrators, to recover upon a policy on th life of Jacob Fletcher, set up a breach of warranty by th Insured, in that he had untruthfully stated in his application for the insurance that had never been treated for alcoholic or narcotic habits. The Appellate Division. In an opinion by Justice Patterson, held in an appeal by the Insurance company from an order directing the service by it of a verified bill of particulars, that it should not be required by th court to atate in th bill of particulars th place or places where the Insured had been treated tor such habits, or the name of th physicians or other persons by whom treatment was given.

The Court held that the company might, however, properly be required to state the time or times when the insured had been thus treated. Justice Williams dis- Sale of Furs. uffs 50. Alaska Seal Mtiffs, $12.50: Elettric Seal Capes; 1 50, formerly to ujm. layor, Broadway 80th St, CIYIL ENGINEERS HEET The American Society Begins Its Forty-fifth Annual Session and Beets Officers.

A. FTELEY CHOSEN PRESIDENT Th Society Award Pri for Papers Submitted Objects of Interest Inspected, and the Day 'CIoa with, a The forty-fifth annual meeting of the American Society ot CivH Engineers waa begun yesterday morning in th new house of th society, 220 West Fifty-seventh Street. 3enjamin M. Harrod of Now Orleans, the President, opened the meeting with a short address of welcome to the members. The report of th Board of Direction was stating th membership of the society to be 2,079, of whom 1,004 are nonresident.

The number of titles; in the library 1 21.921. The permanent loan on the new-home la estimated at not more than $90,000. It waa announced that the Norman Medal for the year ending July, 1897. had been awarded to Julius Baler, an associate member, for hi paper on Wind Pressure in the St. Lotrls Tornado, with Special Reference to the Necessity of Wind Bracing for High Buildings, and that the Thomas Pitch Rowland Prix had been awarded to Arthur Lt Adams for a paper oa "The Astoria City Water Works." No award of the ColUngwood prise for juniors waa made.

James Owen moved that a special committee be appointed under the rules of the society to examine into the question of paints used for- structural work In engineering, and report to the 'society for discussion. Mr. Owen said there wa a. dearth Of Information on the subject of paints, and that action by the society would have an effect like that of its inquiry some years ago Into the cements, which resulted in establishing a basis. Th motion prevailed, although it met with On motion of H.

O. Prout, it was decided to appoint a special committee to consider the subject of rail joints for standard steam railroad, and report to th society'' for discussion. Joseph M. Knap moved that th practice of designating In publications of th society the hours of th day from 1 to 24 o'clock be discontinued. aald th practice had accomplished nothing.

No railroads followed It except one In Canada. A protracted discussion followed. Mr. Knap's motion, after being amended so as to refer the subject to the Board of Direction was finally defeated. W.

W. Crehore. after stating that the Department of Public Parks of New York recently employed a firm of architects hitherto unidentified with bridge construction to prepare plans and specifications for the Lenox Avenue Bridge to be erected at One Hundred and Forty-fifth Street and Lenox Avenue over the Harlem River," offered a resolution that the American Society of Civil Engineer hereby record Its disapprobation of said recent action of the Department of Public Parks and protest against the selection by public officials of a person or persons outside the engineering profession to design and prepare plans for a distinctly engineering work of such Importance and magnitude as th bridge mentioned." Mr. Crehore said that had the conditions In this case been reversed there would have arisen a howl from all the architectural societies In the country. Th motion wa tabled without discussion.

O. H. Thomson, In view of the absence of legal protection against unscrupulous persons who may advertise themselves as civil engineers, tried by motion to have the society go on record aa favoring judicious legal restrictions against the unauthorised use of the term." Mr. Thomson' motion wss tabled. The result of the annual election was announced as follows: President Alphonne Fteley.

New York; Vice Presidents E. P. North. New York, and Frederick Stearns. Boston; Treasurer John Thomson.

New York; Directors 8. I F. Deyo, New York; John Kennedy, Montreal: Henry Man ley, Boston: C. Schneider, Pencoyd, J. J.

McVean, Grand Rapids, and George Y. Wisner. Detroit. The Installation of the new President was followed by luncheon, and then the members of the society divided themselves into three excursion parties. The first of these visited the Jerome Park Reservoir, the second inspected the Bowling Green Building, and the third went to Columbia University and looked over the new buildings, notably- th library building.

An assembly wa held at the society house at 9 o'clock in th evening, or at 21 o'clock according to the society's method of notation. At 22 o'clock there was dancing, and supper was served later. The house was decorated with plants- and flowers. To-day will be devoted to an excursion by steamer to points of interest In and about New York Harbor. The steamer Valley Girl will leave tb pier at the foot of WesK Fifty-seventh Street at 10:30 o'clock this morning.

This evening at 2:30 o'clock (HuTO) Russell 8 1 urges will address the society on the New Relations Between Engineering and Architecture." After th lecture there will be a smoker. Among the prominent members from out of tow who registered yesterday are G. H. Bensenberg. Milwaukee; W.

M. Black. Washington; A. Bonsano, Philadelphia; Robert Cartwright. Rochester; Mendes Cohen.

Baltimore; Francis ColUngwood. Elisabeth, N. J. T. Fanning, Minneapolis; Desmond Fltagerald, Boston; John R.

Freeman, Providence; E. Sherman Gould, Yon-kers; Samuel M. Gray, Providence; B. M. Harrod, New Orleans; Thomas James I Lusk.

West Point; J. J. McVean. Grand Rapids; M. R.

Sher-rerd. Newark; T. P. Stearns and George F. Swain.

Boston: John C. Trautwlne, and George S. Webster, Philadelphia; D. J. Whittemore.

Milwaukee, and George Y. Wisner, Detroit. $9 Mrs. Xaelc Takes Aakwra. Mrs.

Augusta Nack, who was sentenced to fifteen years Imprisonment for manslaughter, aa th accomplice of Martin Thorn, who murdered William Guldens uppe, was taken to Auburn Prison yesterday. Prior to leaving th Queens County Jail sh drew up a will bequeathing all her possessions to heraother in Germany, and In case of the latter's death, to two sisters, also living In. Germany. ,7 AUBURN. X.

Jan. 19. Mr. Nack ar rived la Auburn at 2:53. She was bustled into a carriage and driven to th entrance ot th woman's prison.

A large crowd wa at the depot and prison gats to see or. 'I' i Those of you who, afraid of being considered too didn't turn up your, trousers, now have to "turn themdown." As usual, we are ready with just the right thing at the right A -A- 4 iime trousers wiin $2 cirppea off the price. if BBSBBBSSBSBaSBBBBBaBSSSBsw Many a suit' that's done good service is -beginning to look unserviceable. Just already thefe-suits at 15, that were ig and 20. Walking-coat', suits single and double-breasted sack suits.

Rogers, Pkkt Co. Warren, snd Thrrty-sscood and Broadway. .1 RATCUFFE'S SHORT 'FREEDOM. The Coa-vlete Aster li Its-leased, easier Ball and Isasaedlately Rear. rested fr Perjary.

Edward J. Ratcliffe, th actor, who has been confined In th Tomb pending th carrying out th' six months sentence Imposed on him for assaulting his wife, was released yesterday afternoon on an order from Justice Dickey of th Supreme Court, in Brooklyn, and on presentation of a bail bond for $2,500, signed by John J. Wheeler. a cattle dealer, of MO Bergen Street. Brooklyn.

A soon a he stepped out of the prison r.0?" hewa" by Policeman English of the Special Session Court on a warrant issued on a charge of perjury. He wa en th" Elisabeth Street Porte Station. Hf will be arraigned this morning. r-Wheeler said that he did not know th prisoner, but that he had gone on his bond to Please Mr. Town.

also aald he wa willing to go on a second bail bond for the perjury charge If necessary. District Attorney Gardiner appeared be-IUC? lckej. objected to 'the fe WJicUon. 'or ball on the ground that Ratcliffe was not in court at the time, and also that the qualification of the surety ought to be passed upon by a Judae In tha dlatri. th.

saa i ITT wa ISBJiirr- ss as convicted. MrJ Gardiner was indignant when Justice Dickey overruled these objeo- JIaIJJ7! ot h. Twed regime." he Sfji. reporter, "adroit counsel secured taVVsl Anil nrrlara sail cod if vil proceaure tne legislature tried to remedy that defect In Methodist Book Concern' Plaat. Th Methodist Book Concern Is considering a number of sites, upon one of which it Is proposed to enxt a ma Atlantic i location.

ac tne office of the concern it was stated yesterday that no location 4tn )u. u1 n-ne would bV unl the Book Committee In FebruaryT AMUIEXE.VTS. A CONTINUOUS I ttta vvv I UfA I 4 NANCE O-N'EIL A McKEK 'raSttJ At" czt animates bona; sheet. Peta Dancem. Bran.

VidocqTSk sTArutfSg PROCTOR'S -rforiKg. Aa-aee Preetor Csas. Bessie Boaehtll. Comedienne; Wm. H.

Win, dotn and Blackstnae Quartet; LIVINO prr-rl URE3; Animated Song Sheet; 40 other stars? DALY'S THEATRE, Broadway A aoth, Bveninss, Matinees at 2. win, wwa on IV, ShieBp.rr Mirthful i i i vt laaser. MISS ADA REHAN as Mistress Ford. LAST MAT1NKB 8ATCRDAT. Next Tuesday.

Hbslcev 5ftT.M Miss Brass. as BROADWAY THEATRE. Broadway Theatre Opera Compaay In Ds Korea A Smith's "Artistically dlvertinal ana comic norm. THE HIGHWAYMAN. Evs.

Mat. flat, at SUIT HDAV FJIGHT. JAS. 2-t- SOUSA ml BAND. AMERICAN i'tS" In 8lr Julius Benedict's romantic Irish opera.

WOHT. YtfliJj. c. 80e. :15.

PNTIQF ITrer, noor- J5c-; aoc; mi L.n I iUU (opera chairs and elevators.) 2Sc pnwn, aiu.iun in Knsusn. Sunday Ev. 2d American Pop. with Pauline Hall. I VP CI IM1 Av.

A 23d gOft iuuwn inursaay a naturaay The Princess Tli8 Butterfly. auwv atvii. ane ires oc a.nowieux. KNICKERBOCKER. corner 88th St.

il il paw a JULJA "siaTsS bsT 8:30. 8a M. Ms Next Week last ot Miss Marlowe's ngasement. ROSTER DIAL'S AaiBgt. vnAKMION, TD8 SenS2ti33, AND 15 OTHER 8TAR ACTS.

HOVTS THEATRE. Cnmed, A HEW Y0RUER, ms.bh.b-h ami strong GARDE3I THEATRE, STth BU Madison Av. Romantla snvn. COUHLAS Play. box Evenings.

1:13. Mstise Ssturdsy, JU5. SAU T. JACK'S THEATRE. -aWAS StvTH ST xeamans tn tlsbts.

3 Big Shows Every Pay. a A a. 5 Til AV BROADWAY A 28TH ST. Last week of JA8. A.

UEUUE. SHORE ACRES, Wtek-tVAIIT OAVESPOHT Week-yAHMY PAYgwpoRT. EJAP1RB THEATRE. Bway 4k 40th ednesdy and lUtaiOayT, IThe Conquerors gs. Mara.

THKATHB COMPAJIY. IHF FT ivuhvuuo, I sal TLA 1 1 1 66th gorf. of The Banetoir, 3un. aT T7.r:T-" near B-wav. CvW WW ADAMS Evenings.

J0. BLIOIJ. arwsy tMata. THE ONT.Y UTOHlSi'iv. MAY IRWIN 1 -wViw- 6TH I it 4 Of al NotrlM Rnnk Story of tr izab Stuart Phelps Reviewed ty; a.

A DistiDzditd Theologian of New York" I Who Unit it "Infinitely painful Wadj to be 2 Infinitely lurmfoL New York Times- Review of I 7 Btobfcs and A SATURDAY, January .221 Newi Stands." i Price Three Cents. AXVlEXraT. METROPOUtll OPERA HOTIK. i.5MD.PP?flA. In French, Oerman, and Italian, amier Dlrseuo' ef WALTER DAMROUCH and A.

EUJS. Kviln performances at o'clock. Matlnese at t. FRL JAM. 21..

Die Melsteretaaer Mmea Oadskl. Blaudlal; MM. naohar, Btehmann. Rains. Brsuer, Staadlgl.

and Conductor, BAT. JAN. 23 Faast Mmes. Mel be, Toronta. Van Cauteren: MM.

Beodoaresqae. rsrspsnsrl, Vtrlani. Cba-ductor, Damroach. PBRTOIRK NEXT WEEK. AXS NOW OPTX RON.

JAN. 84 Alfla "i Mnes.Meiha, (first apoearanoe as Alda la New- xors.1 uraast. Mattfeld; MM. Ibna. Boadooresqoe.

Btehmann. Vanai. WED. JAN Mmea Oadskl, Btsudlgl; MM. Kraaa.

Ptscaer Btjphars BtaudlgL Coda Damroech. FwL5v2iiAJ)iia- BWsTEsViii: -jfv41 (Brat sppearaaes as Roslna New York.) Van Ca terra: MIL Ballsnaa. CaaapanarL' CarbOTB. Boodoarasqae. Vlrtanl.

Cooductori 8CAU8 OF rBICEfl; ti. tUA tX "tX5o. K. tne. OADSKL Mile.

BTOARD.5m. BAUQ-i NAO. BOUDOtTRESQUK. CAtFaNARL aew York SysaBthamy Oreheatrsw Popular Prices, 60 cts. to ILSO.

Bos seats, tl Treats on sal at Box Offloe and aJwTal sTVaotfi PrtaCpa Rullman-s. Ill Breaiwa: BTaUNWAY PIANOS PSEPT MitrtHliUa Osers Hsbm. Tp-rauHT AT till. OIX)IST, r.lmo. I10RDICA.

Boston Symphony Orchestra acsaemie overtare; BEETH OVKy. Aria "Ah MA8bSNET. Balte, Lea EHn-oyee," nrst time;) aria from Tana-' bauser; DVORAK. 8ympsay- Prom th New WwU." Mr. Gmll Pur, Conductor.

TICKBT8 at METROPOLITAN OPERA HOUSE. Madison Square Garfcn, pRifin fiKmiPRinp rim OS" TUB -f Gercla Francals da FRIDAY, JANUARY 28TH. TICBXETS AND BOXES CAN BBJ HAD ALl, PRINCIPAL. HiTEI4 and St CLUBHOUBK. 34 MTH ST.

CAR TKOIB 4 Aft. Concert Jan. 21 at Sd Eva. Ooncert Jaa 23 at By the- Kew Yerk Sysa- pkeay Orekestrsv (laa J0SEFFY. Rea sesU BO eta to fl.SA.

Boxes 912; sow at bos offloa. i Orsff. Bus. Mar. la Baleaay, 04 Ocata, SYLIPHOHY SOCIETY OP H.

Y. Walter Dam-t roach. 'Conductor. BOO Seat MADISON SQ. January IS to 27.

Ov-n front 11 A. M. to 11 p. Annual SPORTSMEN'S EXPOSITIO'I an BICYCLE SHOW. Fly Cast Inc.

Billiards. Bowling, and Klfla Raarvi largest Exhibition ef Sportlnc Goods Ever Held, Concerts Aitepiooa and Evaelag. Ada. bOc 1 ST. NICHOLAS i 6TH STREET, NEAR COLURBTJS Open to the pabUo dally except Mondays.

TUECiinniTVDALLi Pr the Nurserr and Oitld's Raenttal. WALDORF-ASTORIA, Boxes can be had from 11 to 1, at 2 X. loth i MKXDEIABOHX HALL, THIRD CONCFatT 4 1 PRTDAT JANUARY 21. AT THE KHEISEL QUARTET: OF BOSTOKT. Ees.

seaU L50, at Bchu berth's, 23 Cnloa Sa, TUB GHU FROM PAJHSj EDEN L'USEE World tn Wss Andres's Balloon. 1 CINEMATOGRAPH Hancarlaa Band Concerts Art. A "hSSai. ANDREW HACK rlll Next Week WARD sad YOKES The Governors. ACADEMY Ml SIC.

14tk m. and Irrlng The, Third tYowded Month. "TIIE WHITE -tats. Wed. and Sat-, Era, SJi? HARLEU Opera House.

I To-alfht, BRUMMELU -Nest week frank Daniels la The IdoTs Era CASINO! ApIaVj HELLO TSaT, 8 ATT Tcltsksss Cirll Bla; Beaaty Sasml 50th time. Pa.2.rlcS soars- Herald. So, The. Mats. Wed.

A RICE'S -THE FRENCH A1AID. Irrla; Plaeo Ttaeatr To-alght. 1 Una "Vienna Dudea ine uirena von-Wlea," tsrre with Julia Kvsaosr GRAXDltad St. A Sth At. Matlse Paterday.

OPKRA Tw-alght "A War of Kraare" HOlsUl Next weak, IX ou tLSXTliOki- AGaustic.