The New York Times from New York, New York • Page 6

25. 1C0D. THE NEW- YORK TIMES, HA HEWS AGENTS FIGHT FOR, THEIR RIGHTS Five Hundred, to March cn the City Hall and Appeal Against the Centadrink Company. LEGAL POJNT IS INVOLVED License Granted to the Fountain Con-. cern for Elevated Booth an Infringement, They 8ay.

Jfewsdfalers numbering 500 or more, all or whom hae stands under th stairway of elevated railway stations throughout the city, will visit City Hall on Friday to protest to the Mayor and Board of Estimate against being ousted from their time-honored locations by the New Tork Cehtdrin Company, recently obtained a license giving It the privilege of Installing fountains under the elevated stairs to dispense carbonated water at 1 ceat a A. public hearing, for the r.ewcdealera has been granted, by th Mayor and Board of Estimate in response to vigorous appeals. The newsdealers will be accompanied by several hundred friends and sympathisers. Several civic bodlea are expected to join in the protest against ousting the vendors of newspapers and magazines, and the plea wfll be made that the public wiil be put to inconvenience, in the eveYit of tha newsstands being irtVen from the elevated stairways and the fountains installed. A resolution petitioning the Mayor and Board of Estimate to revoke the licens of the Cenladrinlc Company has been adopted by the news vendors, and will be presented at the hearing on Friday.

Several speakers will argue the cause of the news vendors and will lay some stress on the fact that a large number of the men who now have newsstands under the elevated stairways are aged and infirm, many of Usem cripples, who, without that moans of livelihood, would ba In a bad way. Here is the resolution: Wberaa. As the Board of Estimate ha aantcd a ten-year license, -with privilege of renewal, to the New York Onladrlnk Company to veil water at 1 cent a (rlasa under the elevate statrs in Manhattan, tbe Bronx, and Brooklvn Boroughe, and. whercaii, said were- limited by art of LeglBlature. within which boot hi or atanri.

tiiav Ttl a f-- tnr ih 1c nf rapera an-1 periodical, only, and, whereas, aaid -drinking fountain am not nnmnrr ro puMic i-onrenlence, and if erected would incumber and obacruct the public thcrouao-far. therei-we it ReeoWM. That we, the unlertrned oitl-seoa and resident of said boroaahs. here-. by petition hia Honor the Mayor and the Honorable Board of JEtlmate end Apportionment of the City of New Tork for the Immediate revocation of the privilege grant ed to tbe Jiew oTk Centadrtnlc Coanowny.

The situation which confronts the newsdealers was explained yesterday by M. E. Golde. President of the New York Newsdealers' Association. "Apart from the question of public policy involved.

It would seem that this specific grant is illegal, being in distinct conflict with the law in question," he said. But such Is the pernicious power of petty fiuiiwiB its iircuuiveui tin irusiruie mc aw. In view of the evident fact that email politicians are behind this project, thoso who are directly affected by the grant the news vendors themselves Si'iould not fail to contest every Inch of ground in conserv ation of their rights and Moreover, when It Is considered thst many of the men enraged in this line are crippled and Inflrna, It can be readily seen what a hardship would result by their being deprived of this, their sole meana of It la true that the contract between the city and the" Centadrink Company reads that the fountains shall be Installed in such a manner as not to interfere with any other -person or persons occupying space under permits from the Aldermen. Yet it may be assumed that there cannot be space enough under the stairs of the elevated, outside of that already allotted bv law for the erection of news booths. In Which to put the water fountains.

During the Winter months, as is stipulated In the proposed contract, these) fountains would be boxed up. while the newsstands are open the year around for sixteen hours a day for public accommodation. it II, I'm, vr.iu vi. r- to the public? For the public, after all, is the determining factor. If any doubt remulns as to the Centadrink Company and its backers being ln- 4mioutlv rilaiviusil tn Th ncvi vendor, it is enougrh to cite this paragraph from the company's letter to the Board of Estimate, under date of March A comparison with the ten-dollar annual fee received by the city for the newsstands under the elevated stations and ihc compensation we offer for the same privilege demonstrates the flirneas of our nrinnulHnn tn th.

rlf If the matter resolves Itself Into a business proposal solely, I am in a position to av authoritatively that the news dealers under the elevated stations would he disposed to pay to the city a sum equal to If not greater, than that offered by the Centadrink Water Company 3 a month for the same privileges, provided a guarantee can be irtven to them such as has been given to the Centadrink Company." SETBACK FOR ORATORS. Dr. Maxwell Wants Few Vlaltora' Speeches at School Graduations. rr. William II.

Maxwell, City Superintendent of Schools, has placed a ban on elaborate graduation exercises in the public schools. For several years Dr. Maxwell has -urged the Principals to make the exercises as simple as omitting all attempts at display. Some of the Principals fell in with the idea, but other did not. Hence, Dr.

Maxwell -has -sent a letter to all the Principals outlining his Ideas and asking the Principals to avoid taxing exercises, long programmes with many Invited guests, and numerous apeeches by visitors. dramatisations, music, and on or two etiort speeches. The use of outside halls the ansembly rooms of other, schools I discouraged by the Superintendent. Soma Principals have taken the ground that more or less elaborate programmes have the effect of interesting the parents in the work of the schools. I 3 8.

i aN BENCH ATTACK ON THE MAYOR Magistrate Crane Calls Him "Thai Little Man and Wishes He Were Real City Magistrate Ieroy B. Crane, who Is sitting in the West Bide Police Court, was Quoetd tn some of the evening newspapers yesterday as having spoken of Mayor as that little duck la the Mayor's chair." and as wishing th.it we had a real Mayor in the City Hall. Who had some backbone." Mr. Crane is not an appointee of the present The Magistrate's remarks were male in discussing a summons on which ll. Robert VJulrrn and letectlve kin of the West rtixty-eighth Strvet Station were called to court at the Instance of Kmil Kuchs, attorney for the Sharkey Athletic Club at Columbus Avenue Mini Sixty-fifth Street.

Fuchs alleged that on May 14, when iJeut. Qulrtn was Acting Captain of the precinct, he and Iirkin went to the cluh, broke open a door, and smashed furniture. It was a night of the bouts at the club, and those were postponed. Magistrate Crane told a Timbs reporter last night that these were the remarks he made from the bench: These clubs are fake clubs and are only kept open bv political pull and practically run by politicians. They all ought to be turned down.

If we had a real Mayor tn the City Hall, who had some brain and backbone instead of that little man now in the chair, these clubs could not exist. The politicians have a grip on evervthing. "The Catsklll water scheme is another barefaced scheme. It is the most crooked and outrageous thing that was ever alien pted, in my opinion. If we had a good-Flzd Mayor in this city with a little backbone in him, with sufficient character, brain force, and fight enough to shut out politicians would' not have these defiant citizens who.

when they are held here, stick their fingers to their noses at the Magistrate and boast that the case will bo "thrown out as It Invariably Is. The police cannot do everything. They are not supported. Theodore Bingham is the best Police Commissioner the city hasever had. His hands have been tied down bv politicians, but ho is and he Is Just beginning to see llKht through the cobwebs of the Police Department.

We can expect to see rood police work while Commissioner Bingham remains in office. The next Mayor will not dare to turn him out He is too honest and "square. There has been nobody to do anything but him, and with the same working material he baa accomplished more than any other Police Commissioner. In nine months more the sway of the politicians will be over, and I hope to God the next Mayor will have enough backbone and moral courage to stop this outrageous crookedness." autq'ride for cripples. Owners of Twenty-Flvs Cars Lend Them to Give Youngsters an Outing.

For the fourth consecutive year the crippled children from the Free Industrial School in West Fifty-seventh Street had their annual automobile outing yesterday. Mrs. Arthur Elliott Fish. under whoe patronage the outing, is given, was unable to be with them owing to illness. Following the custom of former years, the children were conveyed to their destination in Stearns cars, twenty-five owners of these machines donating their cars and drivers for their entertainment.

The cars were lined up in West Fity-seventh Street in front of the school, and provided ample room for the fifty-five children and their teachers. Commissioner Bingham detailed Sergt. Casey at the head of a aquad of bicycle policemen to lead the procession. A stop was made at the Crescent Athletic Club in Bay Hldge for luncheon. The trip was then continued to Luna Park, where the chil dren were the guests of Frederic Thompson.

They witnessed all the new bhows, rode the elephants, and had a thoroughly good time. APPROVE SCHOOL BUDGET. Aldermen's Committee Favors $105,000 Appropriation. The Aldermen's Finance Committee met yesterday at the City Hall and decided to report favorably a $105, 000 appropriation asked by the Board of Education for vacation and vocation schools. Of thdi sum will be devoted to the former purpose and SjO.OOO to the latter.

The city has appropriated $173,000 already for vacation schools. In approving the request for the additional ou.OOO the committee will report that it has learned that on the west side, between Twenty-eigTvtb and Fifly-fourth Streets, there are no public playgrounds. The danger to the children playing in the streets along the Eleventh Avenue tracks is also emphuaized. The money will be used for the opening of the yards and the basements of -he schools in this district for ie as playgrounds during certain hours In the afternoon nd on Saturdays. The S5t.0oo will be usfd to establish two end domestic training schools for girls.

Tiiey will be opened some time in the Fall if the appropriation is approved. The classes will be conducted by a force of seventy-five teachers on afternoons and Saturday a. Metz Would Save Dredging Watte. Controller Meta has written to Park Commissioner Kennedy of Brooklyn and Dock Commissioner Spooner, urging them to co-operate on some plan to use the material being dredged in South Brooklyn in filling in the Shore Road at Bav Ridge. The Controller says that cubic yards of the total 4.21KMAX) which are to be taken out at South Brooklyn have already been carried out to sea and dumped.

He estimates that If the rest of the material can be used on the Shore Road the city will save nearly ai.OdO.uuo. "Red" Duffy Ready to Go to Sing Sing. Frank, alias Red," Duffy, the former Democratic politician, whose conviction on a charge of registration frauds during the election two years ago was affirmed last, week by the Appellate- Division, 'surrendered himself yesterday in Gfnerai Sessions and was committed to the Tombs by Judge Foster. On Wednesday he will begin serving a term of not less than thiee years and six months tior more than four years and six months in Sinjj Sing. Weekly for Columbia Alumni.

The Columbia Alumni News, a weekly to be devoted to the interest of Columbia graduates, will appear next Fall as a result of action taken at a recent meeting of the Alumpl Council. It will be an elght-pag' paper, published every Monday during the academic year. 8 15 C-V; I 1 Lir I SLEUTHS HOST STOP IIAGGI1IGIJRS.YERKES Lawyers Appeal Against Annoy in Espionage of the Receiver's Detectives. AFRAID TO LEAVE HER ROOM Fifth Avenue. House Has Been Prac tlcally a Prison, According to Her Counsel.

The United States Circuit Court of Appeals decided yesterday to continue the receivership of Harrington Putnam for the estate of the late Charles T. Yerkcs in this jurisdiction pending the decision on the appeal from the original order, which is set down for argument on Juno 13. At the same time the court, yields a point to In ordering that she be allowed to come and go at the Fifth Avenue home of the dead financier without hindrance by the idetectlvea which the receiver has placed there. On the argument yesterday James Russell Soley, counsel for Mrs. Yerkes, repeated the charges In substance which were made by blm on the original attempt to get the receiver's guards withdrawn, that the privacy of Mrs.

Yerkes's residence was beinsr Invaded and ahe herself subjected to Indignity. "One of my clerks went up there the other day." he said, "and found a guard putting on a pair of sneakers. He asked the guard why he' did this, and he replied that he didn't want to be heard when he moved around. Mrs. Yerkes hns recovered from her late illness, -but- she Iips been afraid to leave her home up to this time for fear that the guards, should prevent her from entering on her return.

Why. only a few days ago some of the servants started to roll up some valuable rugs to put them away for the Summer, and the guards told them to leave the rugs wtiere they were." Mr. Soley said that the order of the court appointing a receiver was unprece dented, and that the invasion of the houso by the detectives was an outrage." They have lnvnded a. house "occupied by a lady," he declared. and have been camping there since April She has ab solutely ho privacy.

We ask that this receivership be staved and that the Invasion be brought to an end. If you can't jrive us this reiier. then give a lady wnose privacy has been Invaded by an order of the court such orotect ion as you can." William Hornblower. also on behalf or Airs. erKPS.

saia mat mere naa men no precedent for the action of the court in IS) years of Judicial decisions. For the receiver. Joseph Cotton. said that the receiver was under a heavy bond to keep Intact the entire property, and mat ne could not discharge this obligation unless he has full oossesslon of the house. Judge Adams announced the decision of the court alter a snort consultation, air.

Soley filed with his briefs an affidavit made by a clerk In his office in which it was said that the only way Mrs. Yerkes had of maintaining her privacy during the espionage of tha detectives was ny re maining in her sleeping apartment. SLID THROUGH ZONE OF FlftE. How Firemen Rescued Watchman Who Couldn't Speak English. Fifteen minutes of flame burned out the second floor of the flve7story brick building 231 and 253 Canal Street last night and caused a loss of about $2,000 to the Empire Postcard, and "Novelty Company.

The Favorite 8klrt -Company, which occupies the upper floors of the building, had a slight damage from smoke, and water damaged the Mlnetta Caf on the ground floor to a small extent. There was only one man in the building above the first floor, when the fire started, and the manner of his escape excited a crowd, of about 2.000. He appeared on the fourth-floor fire-escape landing after the fire was well started, and stood there shouting for help. By that tlme flames were shooting out' from the second-floor windows and smoke" was po'urlng through the upper floors. To get to the street It was necessary to go through the flames at the second-floor landing.

The nun was clad very lightly. Two firemen went up and wrapped htm In a coat, and bv a quick slide the flame zone on the second floor they. g't him to the ground. At the Kli-sbeth Street Station the rescued man said he was Solomon Bernstein, watchman for the Favorite Skirt Company. He couldn't speak English and didn't know his address.

PLUCKY RESCUES AT A FIRE. Firemen Overcome by Gas In a Cellar Dragged Out by Others. Several firemen-- were overcome last night In a fire in the cellar of the five-story tenement house at East Sixty-first Street, and some of them gave a fine display of pluck in rescuing others who had been made helpleaw. Lieut. Kratochovll of Engine 2, but assigned last night to Engine 30, in East Sixty-seventh Street, the Fire Headquarters, taken to Flower Hospital suffering from gas poisoning.

Fireman NVgray of Truck 18, was another sufferer, but wemDack to quarters. The house -is occupied by many Italian families. The blaze started in some bedding in the cellar. The damage wsa only There was the usual quick exodus of the tenants. Kratochevll sent Truckmen Monahan, Illium, Peterson, and others down into the cellar.

The heat had parted a gas and there was a deadly mixture of gas and smoke. Kratochevll finally told bin men to get out. and. himself the last to do so, fell unconscious. When his men reached the sidewalk and found Tiim missing Monahan and Illium went back.

They dragged htm out, and then Truck 1H had lis turn. They went down into the cellar, and Parker. Murphy, and Nygry were overcome, but were soon rescued. III ai Lcexuji J. COLEf.lA'J DHAYTOiJ SUES.

Action Against Franco-American Fer- mcnt Co. to Acquire CC3 Chares. 'In an effort to gala irontrol of the $100,005 Franco-American Ferment Company, J. Colman Drayton la suing that corporation for the po.sewslon of -A of its l.M shares of ct.pital the par value of each of which is $10ii. Mr.

Drayton, through hl lawyers, obtained a temporary Injunction-last Kriday reatrnln-ing the company from using tne particu-lr 20 fihare' for whii he Is suing. The question' of the ownership of the shares will be argued Thursday In Special Term, Part of the supreme Court. The company was -organised by Drayton. Hi ram Schwara, its present President: Wiibur- M. B.ttes, its Secretary; Kranklli Biker, and others in February.

for the purpose of manufacturing sour milk products by the Eniii Metsni-koff process. Charles Kellcy, Mri Drayton's lawyer, said yesterday that the 2V5 shares of etock In dispute were originally in Mr. Drayton's possession. Ac cording to Lawyer Keliey, Mr. Drayton some time ago ieri tne certiricstea jn the company's offices to be transferred on the books.

According to the lawyer, Draton has not had possession of them since. Mr. Drayton, according to his lawyer, already owns 2i shares of the company's stock, and controls lu" moie. lawyer Keliey would not dlscuns his client's purpose in trying to acquire con trol or trie company, Dut saia mat it might ultimately be in a measure phil anthropic." President Schwsrz of the company referred inquirers to -the company's lawyer. Franklin Blen, who la out of town.

About 0 a magazine is forced to go to press the second time on one issue. The second edition of a magazine presents annoying and expensive mechanical difficulties which the publisher will avoid unless forced to such action by an exceptional demand. So that second editions of magazines are very rare. HAMPTON'S MAGAZINE for June was published on Tuesday, May. 18th.

On Friday, May 21st, the stock of the wholesalers and the publisher's reserve stock was sold out entirely. On Saturday, May 22d, the second edition went to press. Newsdealers who have been unable to secure their desired-quantity of HAMPTON'S can obtain it by ordering from their wholesalers now. Second edition will be on sale on Wednesday, May 26th. jT TT underwits present name antT policy, has been in existence since October, 1908.

growth is the. most phenomenal in the history of magazine There are more than twenty reasons why June HAMPTON'S is in siich great demand. The chief reason Maybe Mathews' article on the Water Power Trust. Maybe Russell's article on the Wonderful termelon Patch of James J. Hill and his associates.

Maybe Dickson's article on the Unknowable Negro. Maybe article on finishing schools and "Our Undisciplined Daughters. Maybe Gilbert K. Chesterton's sparkling essay on "The American Multimillionaire. 1 Maybe HAMPTON'S wonderful assortment of fiction; the great serial story by Ilex Beach; the phenomenally clever detective story by Edwin Balmer and William MacHarg; stories by Charles G.

Roberts, Parker H. Filmore and others. Maybe when you see the Billiken cover you'll want to "Grin and Begin to Win! 7 HAMPTON'S MAGAZINE, Kw Y.rk he- new electric-lighted train daily via the Chicago Union Pacific C2 North Western Line, leaves Wells Street Station; Chicago, every night at 10:00 o'clock, and arrives Portland 8 m. the third day; only 72 hours en route. Through Pullman private compartment, standard drawing room and tourist sleeping cars and free reclining chair cars provide accommodations for all classes of travel.

Dining cars, service a la carte, and library observation cars. Special low excursion rates daily to Portland, Seattle, Tacoma and other Pacific coast points. Choice of routes, going one and returning another. it in'1 I' I if challenger goes fhee. She Cays Hef Selxure the Tracy Furniture Was Just a Jske.

Judge Holt in tha United States IMstrlct Court denied yesterday, with ths agreement of both sides, the motion made bf counsel for Receiver I G. Benedict Ct the bankrupt Stock Exchange firm of Tracy Co. to punish for contempt Mrs. Margaret Challenger, who on Tuesday, of last week, with the aid of a gang of movers from a storage warehouse company, took all the furniture out of the Thirty-third Street offices of the concern. Mrs.

Challenger agreed to have tne furniture returned. There was a considerable company In the court room when Mrs. Challenger was called to answer to the order to show causa why contempt proceedings should not be taken. Hhe advanced to tha bench and began talking to Judge Holt in a low voice. "It was all a Joke," she said.

We didn't intend to do anything wrong1. I'm not represented by counsel because -1 thought that I could explain It all. but I think that I'd Hke to have an adjourn ment it your tionor ooesn i mind, ror am really getting very nervous." Judge Holt asked how- long an adjournment Mrs. Challenger would like to have, and she suggested three weeks as a convenient time. At this point Kalph Wolf, counsel for'Keceiver Benedict, said that if Mrs.

Challenger would return the furniture he would not press tbe contempt proceedings. She agreed to this, and Judge Holt dismissed the motion, apparently to the aatisfactlon of every one concerned. rice in a Ccon Magazine- 15 Cents The, Best of All Agents sell Tickets via this Route R. M. JOHNSON, Gen.

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10. by F. Did you ever stop to think wats' made you1 deaf? I suppose vl 4 thought it was catarrh and that could not have been avoided. you know that wild animals domestic animals seldom becoms deaf except when they become very eld, and that even then deafness is rare among them? It took cs thirty years to satisfy myself whs the real cause of deafness in ma-was. I am going to try to expUi- the matter.to you.

The above illustration shows all tb rw rlous rrts of the ear. AG -The cisd ead'mg to the ear drum. The ear drur. HThe bones of the ear. The miU ear.

The tntemal ear. TE The Eiuti chlan tubeleading from the ear to thj throat YOU DEAF? Back of the ear drum there Is a tubj that leads down Into the upper part of the' throat. This tube has an Important Jury, to perform. It conveys air into the nid-ljV ear, by the means of which the ear drum can Vibrate when sound waves strike At any period In your life when you havt a sore throat from any cause, whether It be from an ordinary cold, jrippe, tonsil itis, measles, diphtheria, or scarlet fever, there is a great collection of germs In the throat, and when you take a pocket hand kerchief to free your nose you Invariably hold both nostrils. When you blow your nose the air is compressed in the upper and back part of the throat, and when the compressed air rushes up into the eir I It carries along with it the germs that hive set up inflammation in your throat.

Thei germs go to work and inflame the tube i that leads to the ear and close it up, or else they lodge fn the middle ear, where they set up Inflammation that shows itself in ear noises, loss of hearing, earache, discharging ear, and even mastoiditis. The pocket handkerchief held firmly la the nostrils while blowing the iiose is really the cause of nine cases of deafrfesj out of every ten. Deafness in children a caused by mothers holding the handker chief to the child's nose and telling it ta blow hard. If, when you blow your nwe, you would only hold one nostril at a tin there would be little aanger ox oeainen, The (treat cause of deafness is the im proper use of pocket handkerchiefs, tot deafness almost always starts as trousia in the throat, which is forced up inta the ear by blowing the nose. If thers were no pocket handkerchiefs there be little deafness.

The lower animals 4j not and cannot hold their nostrils who they blow them, and luckily the animal! cannot use pocket handkerchiefs; consequently they rarely get deaf. I have told you the cause of deafness, will, now tell you the remedy. Stop blow ing vour nose hard by closing botlj nostrils. If you have already blown dis ease up into your ear, we are prepare4 hi to offer you sometntng wnicn win resiorq the hearing to many ears that have raj fused to yield to treatment. In order it introduce this new feature in dealing wtta ear troubles, we make you the follovirj announcement: The BAKER MICRO PHONE COMPANY places at your service! a trained aurist of thirty years experW ence, who will give you a free demon stration of our method of dealing wftj head noises and deafness.

After cutting, probing, and blowing Ct Into the ears had failed to restore losf hearing, finally Science has shown thf proper way to deal with deafness, Tbj Baker Microphone Is a little instrument that takes up the duties of the normal ear, and by doing the work for the ailmj ear it rests the disordered parts and oftesi allows them io regain their tone. The Baker Microphone does for the failinr ears, what proper lenses do for failing eyes. You can test this little device without The majority of ear sufferers now hm an opportunity to be relieved of theii disability. The Baker Microphone Tti stores a weak ear to a condition wherS It can be made a useful working memb It is the smallest practical magnifying telephone ever produced. IV is the instrument devised to assist the hearing, THERE IS A REASON FOR THIS.

If yd. wiil come to our off ices we will show yoi the reason. ONE OF THE BEST KNOW LADIES OK BROOKLIN. FROM Bak.r Mlcrophon. I shall v.ry 11 to girt you th.t mn I ran 1v.

relief to on dieted I w. I beitan orrt tnj hearln ywx. fjrj beon to de.7 that I eouid not cnvernatlon, much less a lecture or redlnc ak4. The roi In th. "V.iL e.pMiaJly dl.treutn In my caee.

a 1 (7--. triujjo lover, and they were PtJi Mt and discordant key. tine Microphone they hav almoat enMre'y Vri- Thia aloi. make. th.

UttJ. im' meat valuable to m. It ha alao hflp Kt-neral hearlnir. and by Its aid I can hr only th. coaveraatlon when eeveral are in room, but a lecture and Very lncreiy Hlmedv Mra.

A- ML Sturtevant. Brooklyn, N. T. Whatever yourear trouble there expert aural surgeon at our office whes services are fret to you. He will advts.

you on all matters relating to the ear. Call if you can at one of our oftm and we will be pleased to demonstrr ths benefits of this little instrument you carmot write for full partioi.t and booklet descrtbiag the Baker M1 phone, how you may test It ro own home free of cost to you. The Baker OFFICES 213 Flatiron and BNvay, NEW YORr n. V7. Lv.