The New York Times du lieu suivant : New York, New York • Page 16

THE NEW YORK TKIES. THURSDAY, JANUARY 21. 1001, tSW! LAXITY CHARGED BY STATE GOHTROLLER United States Deposit Fund May Become a Burden. Assorts That Excessive Amounts Have Been Loaned on Mortgage Which Eat Up Possible Proflta. According- to Btate Controller Otto Reiser; whose annual report was received here yesterday, the Urs turn known a the United Fund likely to become a rather than a benefit to the State, times ua system or its auauniauTitiviJ altered.

Behind tin statement. In the re tort, it said, the Intimation of an ira- pending; scandal. the year 1002," he say a. Controller atAier renorta the net Income at nractlcally t.il per cent. This, however, doea not Include losses which had -already been in e-urredV but not yet determined by.

ore-' closure sale. LaiJs bid in for the Bute shortiy after the date of his annual report, but In relation to which proceedings are 1. V. not compieieu vu iu iww on uo iiuhbvu on the books, will exhaust the entire estimated Income for the next two year or more." a i a. AulAMa sn'la which took place In this city on Feb.

3, 19(0. and the charge has been made that the Loan Commissioners In charge of 'the United States Deposit Fund loaned loo much money on tho parcels of property sold In other words, that the parcels on which mortgages were accepted had been ap-- craised at too hiffh values. During the war of 1812 different ernmenU In 1837 the Government paid back Its debts, and New York Bute received- her full share. Then by statute it was provided that the fund should be in-eluded with the common school fund and the literature fund as part of the State's education fund, but should be managed pur suant to provisions applying to wocr class of Investments for public moneys. The United States Deposit Fund Is In the care of 122 Loan Commissioners two In each county.

The amount allotted for loan-- Ing- In New York County is between $300,000 and Says the Controller: The interent rates lor mana i. yt miv. tnrnia. a charge which in the year 1S37 and condition then existing was extremely favorable owners of land, tout has lone atace ceased to tf horrawers bavinr rood se- c-urtty. and reieaalen deposit fund mortgages to the imorer quality of property.

The two Com- and collections In their respective couu-lies, may foreclose on default, and Olscharas mortgage when paid. Should they disagree, the Kttnrema Court settles' their differences. Ons (JuramlHloner has the power' of tw until an books mar he taken by them from the clerk's off Its and returned when not in uktJ a nractlcs raualnr inconvenience to the publss and which records. i At a sale, mortrssed premises, not bringing 1 bid in by the State; then coats, disburse- taenia, and reasonable expenses must be mttowed. romroiaskms paid on both market price and deficiency unless fraud, or neglect is established, and the property so taken Is rarely sold tor mama hAa.

nf ItA MMt tn Kjk Htm ttber on a loos; or short t-rm of retention, la ro-operaUoa with tbs passive authority of the Controller, the Commissioners of the land offit have direction of the Loan Commissioners In their care of the property -bid la at sales until it Is disposed of. In further supposed guarding of public inter-. eVts 1b the conduct of the County Boards of Supervisors and the Board of Alder-rnen of Nsw York City have porer to- examln in their respective, counties snd may give directions for tsklng additional security from borrowers and certify the condition to the Controller. The complication of Inxpeetloa and suervlslon from many sources without a location of defi nite suiuoniy ooes soi wori we --in may Dimness, and experience with this system, or lack or it. serves to emphasise the strictures applied to its practical operation by all of my immediate predecessors in office.

grecate sum held by the loan Commissioners was slightly above fl.5oo.rao, paying interest at shout 3 per but after deducting in com-' pllanc with the statute the money transferred to the capital fund to make good the losses suffered la foreclosing mortgages, the net revenue fee that year from the fund outstanding on loans was leas than two-tenths of 1 per cent. The Loan Commissioners for New York County are Charles l. Jngersoll. lawyer, of 4i Liberty Street, and Charles P. Latting.

lawyer, of a Pine They. use Mr. lngersoU's office ns their headquarters as Commissioners. When seen there yesterday afterncan Mr. Ingersoll admitted that tbey had bid tn for the State at last Februarys foreclosure sale twenty-three Bronx lots.

for which there appeared no buyer willing to pay the amounts represented by the mortgogea and Interest charges. He Insisted, however, that the properties on which they had loaned money from the deposit fund had been annrolsed bv the best to be had. The lots sold en Feb. 3 were mostly slong white Plains Koud und the proposed White Plains Avenue. just south of Kast One Hundred and Ninety-ninth Street.

Under the law the Commissioners ennnot loan more than o.Xl pn each mortgage. When the mortgages were foreclosed, only three out of twenty-riFe- lots were sold. Those three, at the southeast corner of White Plains Road: wore bought by William Nelson, who paid enough to cover "The mortgage and Interest. The State, through the two Commissioners. bid in the others mm ii iook tnera.

acroraing to Mr. Ingersoll, to hold until they would bring their price. He said: Often we have to wait. That there were no purchasers at the foreclosure sale Is -no loaned on them." The Controller, it waa stated yesterday, had been Informed that, while the Commissioners bid in the lots for about $UUJ0, "ot worth more than and that the State, therefore, would lose itXAKM). This Mr.

Ingersoll denied emphatically. He added that be did not consider the system of administrating the fund to be defective. The Commissioners, he explained, were appointees of the Governor, but be and Mr. Latting had "held over" term after term. BANKER HELD FOR ASSAULT.

H. Stuyvesant Dudley and Companions Charged with Resisting Arrest. H. Stuyvesant Dudley, of 50 Park Avenue, a member of the firm of Dudley Brothers bankers and brokers at 40 Wall Street, and a Lieutenant in Company of the Twelfth Regiment, was In the West Side Police Court yesterday and held in 1300 bail for further examination on a charge of assaulting a citizen and later badly beating a police officer while the latter was attempting arrest him. Roundsman Peter.

J. Bird of the West Sixty-eighth Street Station is on the sick list, suffering from the drubbing received at -the nands of the four men. Bird was passing along Columbus Avenue about 10 o'clock yesterday morning when a man Informed him that another man had been assaulted by four men In a saloon at Seventieth Street and Columbus Avenue. Bird Investigated and found that a man. who aid he was Jacob Ferstberg of 723 Sixth Street, had been badly battered In the place.

The mn who were -alleged to have committed the assault. were, said, to be at kuuuo vwumaus Avenue and Sixty-second Street, and Bird went there for them. The policeman was warmly greeted by the quartet when he made bis mission Known to tnem. He waa quickly knocked down, his ear waa badly torn, on finger was bitten, his head was bruised, and he was kicked several times in the stomach. T7a ftnAtltf rra a mrmA kl- aw tiim icvi anu, shouting for aid.

attracted the attention of Patroiman Buckley, Who was passing. The two officers by a vigorous use of their Hubs finally subdued the men and took them to the station house In an autommi which was standing at the corner, Tbey gave their names as Willis Leggett, Ueorge Leggett, John McFarland. and James Svlvester Dudley. I L. n.n fit II tnad W.M imtmmt I 1 In the police court Dudley acknowledged his Identity.

He acted as spokesman for the party and told Magistrate Mayo that tho arrest was an outrage. He said that the Twelfth Regiment had had a sociable on the night before at the armory. He maiA that he and three of "his men were nkUiT la the saloon woea ira came la 1 and attempted to arrest them. They resisted, he said, as was natural. Hs denlel any knowlinige of any previous assault at Seventieth Street.

The Magistrate held the four prisoners for further Dudley wcurtd a bondsman for hlmseff and then went ball for the other three SHIPYARD PLAN IN ABEYANCE. Likelihood of Complainants in Receiver- ship 8ult Waiting to See Where ln-1 tereats Will Beet Be Served. I Except for, lha evidence furnished of a conciliatory disposition on. the part of the Schwab party in the ship building litigation, the of a basis re- organisation made nii'ht before last by WUliam Nelson Cromwell for1 Mr. Schwab and members of the Sheldon reorganisation committee, and its summary rejection by Bamoel Untermyer on behalf "of tho foUr bondholders backing the receivership suit, hav matters about as they were when the Week's adjournment of argument- On pending motion was taken several days ago.

The breaking point between Mr. Unter myer and Mr. Schwab's agent was on the relative proportion of power In the control of a reorganised 'shipbuilding: company which each "party was. to hav under the proposal made. That, proposal did not, ss was explained in Times of yesterday morning, go Into the details, but it contained the basis of reorganisation in a stock Issue to be used for refunding -first and second mortgage bond rights after foreclosure proceedings on both mortgages had been put through.

The exact amount of the issue has not been divulged as yet by the partiea at Interest, and discussion of It is declared to be academic in view of the re-fuaal of the Conklln complainants to negotiate. except1 as showing the 1 extent to which Mr. Schwab would go In order to obtain peace. Mr. "Schwab Is understood personally to control from to eiouaou) of the first mortgage bonds deposited with the Sheldon committee, and It is a simple matter of arithmetic to figure out how much stock, over and above the covering the two mortgages, must be Issued and added to the shares exchanged pro rata for the Bethlehem bonds in order to make the.

new company a Schwab concern. Such, it is admitted, the company would have been if the basis of reorganisation offered had been accepted. As the case stand now, there Is reason to believe the complainants in the receivership suit, who are also enabled through an order ot the Jersey court to step in as defendants tn each of the foreclosure suits pending, should the defense of Receiver Smith be are perfectly willing, to allow matters to remain in statue quo right up to Jan. IS), when the life of the Sheldon syndicate expires by limitation. Yesterday it was asserted that when the last cell on the syndicate subscriptions had been paid, and its final sigh breathed, bonds now -deposited in considerable Quantities with the reorganisation committee would be withdrawn to be thrown into whatever balance appeared the best weighted at that 'moment.

James Smith, the receiver for the United States Shipbuilding Company, waa asked yesterday about his personal responsibility for the plan put out on Tuesday night. He saidr Ever since I have been here have been putting out p'ana. This plan was not mine, but I have been trying to get them to agree to what was reasonable ever since I was made receiver." EX-MAYOR LOW SAILS. With Mrs; Low He Goes Abroad to Stay Until JuneHopes to Speak for Roosevelt. Ex-Mayor Seth Low, accompanied by Mrs.

Low sailed yesterday on the -steamship Deutscbland for the Mediterranean. Mr. and Mrs. Low will be gone until June, and will make Naples their first stopping place. They will remain in Italy till about March when they will go to Paris to stay for a month.

From there they will go to London, spending a like period of time, touring from there as a centre. I am very happy to be able to get away." Bald the ex-Mayor yesterday, as It has been fourteen years since I have been master of my own time. Of course, while I was President of Columbia University, as well as when I wag. Mayor. I was able to leave the city for short periods, but ray work always followed me.

and It has been a long time since I have been able to leave without worrying about what is going on here, and without being obliged to return at any stated time." Mr. Low will be back in time for the approaching Presidential campaign, and Is expected to take the stump for the Republican candidate If President Roosevelt be nominated. This is said to be In connection with the premise, made some time ago by Mr. Roosevelt to the effect that if reelected to his present office he will make Mr. Low an Ambassador to one of the leading European countries.

BROOKLYN TEACHERS' PAY. Responsibility for $22,000 Judgments Defined by Corporation' Counsel Delany. Corporation Counsel Delany has transmitted to the Board of Education his opln-lcn -is to whd is financially responsible to the Brooklyn teachers who have obtained judgments of 122,000 against the board for salary due them through a change In the salary schedule at the time of consolidation. The Judgments were filed at the office of the County Clerk on Dec. 4, 1JWCI, and a short time after Justice Lev-en tritt of the Supreme Court granted the teachers an execution The matter of collection was placed in the hands of a representative of Sheriff Erlanger.

The teachers, all of whom are well known, are Dr. Walter Oliver Clark. Lucy D. Lewi, and Charles B. Lerkins.

The Corporation Counsel quotes from the decision of Justice O'Brien of the Court of Appeals. The chief section of the decision asserts: The Board of Education is an Independent ccrj K.rate body, created for the particular purpose of exercising particular statutory powers, aa the sole representative of. tne school system, and its acts are in lm sense the acts of the city, and the city is not tesponsible for them." "It renia plainly deduclble from these views of the court," says Mr. Delany, that mere is no iiauiniy upon me part ox the city In reference to any of the Judgments now under consideration. These judgments arc.

not properly charges against the city, but must be met from tunus of the board. Tbey should be transmitted to the Controller by the board with the' request that they should be paid. Indicating th. fund to which they should be charged. It will then become the duty of the Controller to make rnyment.

if the proper fund Is designated. This seems to be tne only practicable method, in view of the decision -f the Court of Chairman Harrison of the Committee on By-laws and Legislation expressed It aa his opinion that the stand of the Corporation Counsel would bring upon the Board of Education lawsuits that would umount to setae fcUUi.OUO. Donations to be Returned. A contribution of caah from E. C.

T. and a check for SI from 'X." have reached Th Nsw York Trues for the benefit of Mrs. Kate Llndermeyer, who was committed to the Workhouse by Magistrate Barlow, In the York villa. Police Court on Monday, her tale of destitution being proved false by the Charity Organisation Society. The money will returned to the donor upon application.

Pedestrians en Williamsburg Bridge. Beginning to-day. pedestrians will hav th use of the north roadway of the Williamsburg Bridge. while vehicular trafflo will be confined to the south roadway, which has been In use sine Dec 5l. The announcement that th north roadway will be opened to-day was mad yesterday by Commissioner-Best of th Department of Bridges.

Estate Left by Col. Thomas P. Ochiltree. The appraisal of tho estate of CoL Thorn-as P. Ochiltree, who died Nov.

23, 1002.1 at Hot Springs, Va was filed In the Surrogate's office It shows th gross personal estate to be worth S2258l, and the net personal 10,705, consisting principally 9t cush on hand, A UM TERBAPIH Louis the Chef Mistaken In Naming His pet. Excitement In the Grjegorl an When Two 'Eggs Are Hatched by a. Horns- Made Ini Louis, th rdght chif In the Gregorian Hotel at 42 West Thirty -fifth Street; woke tip th house lit 4 o'clock yesterday morn- ing by- dancing arou yelling like a South night clerk ran into what had happened. nh kitchen and Sea Islander. Th the kitchen, to see and -found Louis and hugging him-in Chinese fashion.

shouting and laughing self and shaking handi Oh 1 OhJ Oh la her. rather now mothr No. a beast ha, screamed. She 1 mean he ner wonderful Won- derful I Zay are da ncing lnr sand. Zounds I See them See them 1" The night clerk bock me frightened and sent for the hotel dett arrived he grabbed, the detfetive.

and when chef by the throat and pinioned bis arms behind his back. What you do not to-night Let go cried Louis. I drink Let go Zay are See I See said the detective. in xe toad by so stove! Bellevue. for tightening his grip on Ward Thirty-seven' he cook.

yawning for you," added the clerk. -1 Zay Zay move yelled the -chef." are allv Alive By this time all of hotel had rushed into Ihe servants In the the kitchen. Many of the patrons came down stairs, and great excitement prevailed Iti the hotel-office. What is the trouH the day chef, who had trouble T' asked Topps, been routed, out of bed. Louis has got ent" explained Dick, the porter.

Got what asked opps. -The radiums. ej taking light drinks expfclned Dick. He's dgaln, and believes that pan of sand near) the stov is radio- active." ny." explained Todds. that's our Incubator." Ze inscubatolr se i ggs haa hatched Shouted Lrtuls when lie spied Topps.

"Zay are moving In ge sand. Mon Dleu, be is a lady Who la a lady lSquired Dick. "Let him go." said fopps. "I will ex- plain. He crasy not" He is simply joyed himself I am htlplng.

too, the ln- cubator on. Let Lou: go." The detective released Ms hold. Louts pointed to the pan of aund near' the stove. and sinking back in a febair gasped: He Is a lady Explanations' auicklvl followed. Topps.

that it was all due the day chef, explained to. the mascot of the pin. which has been Hotel, the pet terra- wtinderlng about the bouse since Novemben last, when, with of the family several other members malacoclemmys pa us' came up from the Sou Iris. Cleveland to be made into terrapin It- was recalled that at the time the batch of tqrraplns arrived this particular one was saMed from losing bis O. and th head because the lettens date 1S03 had been found carved In his shell Louis, tl chief, who 'Is a Cleveland admirer, had figured that the ex-rreaiueni probably In the terrapin's shell hid.

curved bis initials some time in the vuursc vi a auc Vlra-inla sbof ting expedition in Consequently Louis was not anxious to soap, and, spared him to wander about the Oft me a net lh th. Hotel. Where he be- and the' ad- mirnflnn ttf th. wnmmn folk, who fed him bon bons and caramelk in iact, cieve-learned tn drink lanu, as tney called hi soda thrniiff-ti straw Si nd felt proud when the hntel some of the women in new decoration or pi ek biik. vuru 10 nis long, cr However.

it was Toi two terrapin eggs onl and who suggested tJ cfeased neck. ips who discovered me sutcnen floor. Louis, the night should have her cnef, that the terrapl name changed. Hm In luv a. Stained Topps, and the news quickly spread Vhv nnt ItiMAholiAi dem eggs sug- gested Frits, the kltcheii Doy.

vnen dey are incoooationea intol aon 1 nave to buy more South. Vn ran a a life terrapins down for restaurant, 'Home-made i Big" vy ucr terranin uun tn uroer irom our own rart "Zat is the idea good, remarked Louia. ana ne proceeued to rapln habiu. With tha nM I cdllect books on ter- Tofcps, the day chef. LOuIs prepared a terra slsttng of a tin pan fil inn incubator, con- Writh ma ml l.i.

"icn mey piacea tne talllinir ll terrapin eggs, main- seventy-eight to eightl' mo sana or from minutes, nigni chefs watched the fd dev. the hotel work of the Incubator until 4 clock yestenfey Louis discovered two Utile iy morning, when le terrapins moving in tne -sana. It was th terrapins that caused Joy over the success incubator. Last nipli nna nt lm to shout with lot tne improvised terranin fwln. diai ana mere was much kitchen.

The other night, and Louis, the Arrow In the hotel rJ as auve at mid-ght chef, was try-tell him what anrt ing 10 una Bome one of fond ksnt lukv ing in the middle of the! tarraplns from cry- ntgnt. TEXAN BEATS DOC" OWENS. Joins a Poker Game cjn the Kaiser WII- helm II. and, After Winning 200f Declines Further Play. Doc Owens, who travels to and fro on the Atlantic and nliva carJs this country yesteriuy on the steam- snd from the ex presslon which he eav to his fellngs on a great failure.

landing hla trip had bJi hen he left this co ntry last, on the steamship Cedric of thi White 8tar Line, he was announced to kill the passengers before the. vessel sailtll hv i Office detectives, and his return trip Bame was spoiled by Capt, Rclm- kasUn. Owens when last hearfi from on this side maintained that he had reformed and waa uo longer a the voyage from Cherbourg, on the secor day out, he tried to tarn the smoking om of the steamship Into a gambling re ort. He then pro- pvseu u. game 01 a raw of the other passengers, a young Texan named ones.

The Identity of the gambler had bei made known to those on the vessel, an 1 when Jones took a hand the game' he knew that ha both the vi niu ku3 in xexan-won the amount being somewhere about When the third the gnmliler Jones obWted. and he hud had rnourh nt the. aama lnr mu voyage. -Owens was li Texan wrna flrn. In hi ia rage, but tbe decision.

OWOfll'u Wtrnm't i.inaniiic ui me smote-lnf-uomi wa." ot roulette fic In the smok- whecl. He had hardly me game when th Captain heari of the game and i stop ine rjia thf tot n1 continued then went to the smoking room, and Tin the presence of many of tn mule paengra denounced alS t0wld shotld he "Urt th wheell going, or should he start any Kamblin kam he would placed in irons. Th r. mm iocik mi fur ther precaution to dok! a nnti. i iuin toon tn fur- lnZ)Zf.

T.MI1 ProfeMlonal AIDING CRIPPLED CHILDREN. Cuts Hospital at TarrVt OWn Reports on Work Dons for Uttle 8ufferers. The work accomplish by th Nw York Stat Hospiui for the Deformed Children at set forth In th third institution, which also Cir of Crippled and Tirrytown, N. Is annual report of th allows that the re si. dents of th Hudson Vaiy hav been gen- erous in the matter of good things to eatl comfortable clothing.

Mrs, and books for the little sufferers wlthl the Burgeon tn Chief. Dr. Newton, M. ShuffeA rnaaes an earnest appeal! for th names and aaoresses of ehlldrea bo are fit subjects for th institution's car, tli ege limit being between, four and sixteen years, srhil hopeless "cases and children wbos guardians are able to -pay for treatment are barred. Although th hospital ha accommoda tion for only S3 patients, hav been re ceived during the thirty-four months In which it has been In existence.

Of these 3.1 suffered from tuberculous diseases of th Joints. There were 27 discharged, of wnom lu were cured, wniie all were more or lesa Improved. There have been' 18 sur gical operations on 8 pat.ents, with marked oeneut in every case. in average time of treatment of those discharged has been fifteen months and eighteen days. Some of the children operated upon-by Dr.

Lorens at the Cornell Medical College Clinic In thl city In December, litxi. were cared for dur ing recovery. Statistics for th wear ended Sent. SOl luuu, th period covered by th report, show 12 patient admitted and the same number discharged. Of the 87 In tbe hospital, -4 were About 1,400 applications for admission were received during the year, emphasising the need for a new hospital, va rious sitea xor woicn are now under consideration.

The Board of Managers, ap pointed Dy tne uovernor of the state, is composed of Bishon Potter. President: George Blngden, Secretary and Treasurer; Dr. 6 naffer. Chairman tfthe Execu tive Committee; J. Hampden KObb, and J.

Aurianc uusn. 1 1 1 Tt aiii(n nAnv' urnr oiviiinouis duui nene Remains of Founder of the Institute In Washington Reach New The North German Lloyd steamship Prlnxess Irene arrived her las night with tne Dotty of James Smlthson. founder of the Smithsonian Institution of Washington, aboard. The vessel arrived after, nightfall. and th 1c in thh harbor at that Urns mak ing navigation dangerous, she anchored Quarantine over night.

She pass up to her pier in' Hoboken early this morning. where the remains will be transferred to the dispatch boat The dispatch boat will immediately take the body to The Smithsonian Institution was established from the sum of 105,000, which was bequeathed to the Government ot the United State by Mr. Smlthson. Prof. Alexander Graham Bell first urged the Idea of bringing Mr.

'Smithson's remains to thi country from Genoa for The monument which is to be erected above the remains in Washington will stand near those of Dr. Samuel Cross and L. J. M. Daguerre, the inventor of photography.

Social to Th New Ytrk Timtt, WASHINGTON. Jan. arrival of the body of James Smlthson, founder of the Smithsonian Institution, will be attended with fitting ceremonies. The cruiser Doluhln is exnected to reach her-wharf her Friday morning, when ah will be met by a lurg delegation of scientists and Public men. Gen.

Chsffee today ordered a squadron from th Fifteenth Cavalry to act as escort for the body, which will be Disced temporarily in a vault at Oak Hill Cemetery. The coffin will carried on a caisson. Final Interment in a proposed mausoleum will take place some tun in th course of the coming year. BANDAR LOG PRESS ISSUE. Her Navajo Lover" Is Issued Frank Holms from His Phoenix Retreat.

Another th Bandar Log Press's odd little volumes baa been Issued. It contains a story called Her Navajo Lover," by W. H. Robinson, -with pictures cut In wood by Frank Holme. It was printed on band-made paper In the press -at Phoenix, Art-sons- Th edition consists of 474 copies, and after the press's stockholders hav received theirs, tbe public may buy the remainder at SI a volume from Kirk La Shell, the Secretary, whose office is In the Knickerbocker Theatre Building.

Mr. Holme. a young artist, whose 111 health mad It necessary for him to live In the. Southwest, was th cause of th Bandar Log Press's organisation. When he had to move away from New York, his many friends.

Including well-known artist and writers of this city, founded the institution which waa to afford him a means of living out his exile tn comfort and happiness. One of the previous booklets ot th press was Mr. La Sheila's "Poker Rubal-yaf George Ade is another of the artist's friends who has written for the press. The stockholders and Director include playwrights, novelists, painters, and a few representatives of the business world, among all of whom Mr. Holm seems to have en-Joyed great popularity.

Her Navajo Lover," which is a Western story of the sort Its title indicates, is bound in heavy gray paper, th tltl printed from a wodcut of artistic design. The pictures of the characters of the story are MAY NOT BUY PHILIPPINE BONDS Attorney General Cunneen Decides That Savings Banks Ar Prohibited from That Investment. Th question whether th savings banks in New York Bute may legally invest their money in tbe $7,000,000 Philippine Land Purchase bonds has been passed upon by Attorney General Cunneen. to whom it was referred by F. D.

Kllburn, Stat Buperin- fanInn at rcuucut ui hitter's views on the matter having been sought by Presi-dent W. Wood of th Bowery Saving Bank. The Attorney General haa decided that the New York savings banks cannot lawfully invest in hese bonds. He says- Section no of the Banking Law. Subdivision 1.

authorises an investment by a savings bank as follows: or Mcaof; SJEFtf- Th bond question are issued by the Government of th Phlllppln Island, under the authority, of Section of the Philippine Civil Government Act. passed by Congress july 1902. There le no provls-ion In the act of Congress pledging the faith of the United Bute to pS. the payment of the Interest and principal of SsHggp 8 TheVtituf.11- Sum andald1 m.kTeh!Ver FVnx WA NEW8 COMPANY'S AL L. Unusually Large Number of New York- ers Expected to Attend Function.

nTv option and ball of th Newark News Company Employes' Association will be held to-night In th jut ger Auditorium. N.wark. An unusually larg. delegation "will, go from thl city as several thousand tlckeU hav been soli in Newark and Nsw York. The officer of th association ar Frank' GiUUgber.

President; Matthew Ott. Vic JTc Burntt an5 H. C. Meeker. Treasurer.

Harry L. Boylan. manager of th N.wark "News Company of th Reception Committee. Other members of this commute ar Henry. John F.

Kelly. John A I v.ntnn' J. W. Nelson. H.

Van Gilder. Harrv oHLiS' James Wilson, a Booth. A xJl. gomery Ed cinninjhaT Alfred Qt Prieth, L. P.

Hardy. U. li William ll. Skinner jrrr Members of the Floor and Arrangement Committees are C. W.

Wal er HTiI rf nett, F. E. Belcher, and C. O. Shyers? Painters'.

Union Trsasursr Arrested. Martin Gagle, Treasurer of Local Union No. 44, Brotherhood of Painters, waa arrested at his home, 448 West Fifty-fifth Street, yesterday, charged with th grand larceny oX 170. fond ot th up Ion, The 1 Among the many sack suits which have been sliding down the price line and have come to the end of tRe rope, are a few very handsome Scotch cheviots. Flannel suits and snmmer clothes are no.w ready in our tores for lucky going faouth.

Rogers, Peet tr Compakt. 2S8 Broadway, opposite City Hall. and 1 and 0 Warrea St. 843 Broadwar. cor.

1.1th. mtxA 140 tn 1 1P. A v. 1200 Broadway, an West S3d St. arrest' was made' on a warrant Issued -on Monday by Magistrate Barlow on the com- lalnt of John Johnston of l.VJ Kldrldge treet.

President of the union. He was locked uo In the East Fifty-first Street Station, and will be arraigned in Yorkvllle Court this morning. CHILD KILLED BY HORSE CAR. Run Over in Presence of Mother, Who Had Crossed Street to Protect Another Little One. Morris TIrTnin threa veara nll Ana Of the children of Mrs.

Soohla Hrman of 31S East Sixty-first Street, was run over and almost Instantly killed yesterday afternoon while crosalnsr First Avenue, between Dixiy-iirsi ana Bixty-second Streets. An eider child. Rebecca, five veara old. attends a kindergarten. and it has been Mrs.

Hyman's custom to meet her every afternoon, taking the younaer child alone. Yesterday the woman and her children had reacnea irst Avenue on their way home, when Uttle Rebecca dashed awav from the mother and started to cross th car tracks alone. Mra. Hyman. who had been holding the younger child' hand, let em an.l started after Rebecca, fearing that an approach- mtwmm, uuiui run over uer, rteDecca and her mother reached th other side of i Mr- Hyman remembered little Morris.

She turned Just In of th horse and Uie cap wheel pass over j. iien lain tea. Paaslnfl a ion ar th i about fifteen years old. He saw the acci-aen raa and picked un the maimed body. uw uirrcuon or lower nOSDital.

Arrivinr fh.p. gave the child to an attendant, and ran out without giving anyone a chance to learn hie Mntltv that the child was dead. Detective Hannan of the East Slxty-aeventh Street Police Station waa sent out Jo arrest the driver, who was said to be P. Duffy of 1.7US Lexington Avnu. $22r000 FOR HUSBAND'S DEATH.

Verdict Against City and Contractors for Collapsing of Brldgs Sidewalk. A Jury in th Supreme Court rester.tav rendered a verdict for 922.000 against the city and Joseph O. Miller A contractors, and in favor of Marv Fl Coolidm for th loss of her husband, Edwin L. Coolldge. who was killed by th collapse of a temporary brldz sidewalk at Fifth A m-A Eighteenth Street, when the Rochambeau parade was passing, on May 27, 1902.

Mr. Coolldge was a newsoaDer man an, author of several books. At tha time of his death he waa employed on The New York Commercial Advertiser. There were twenty-five by the falling of the sidewalk, and twenty tnem nave Drought suits to recover Cootide action waa the irt A. TYrntlnn W.I as marta A a.

a-w as nw a nnsiAlaUll ITira St? SounSe'w- J- O'Sulltvan for th CitV inn Asia fl Onaap Vlll v. xaw.es.. a vt Jllllicr OC 0. set aside the verdict aa excessive. This was onnoiied hv.

Willi i i'4-. the plaintiff. uuW justice tjocbrane took the motion under consideration, remarking soto voce that it LEGAL NOTES. RsxATioMa Which Mioht Bias a -rww. iRgg.

That there must be no aDnearanr. Of relations between attorney. In cases and reierees might bias the opinions of the latter Is shown by the decision of Justice Andrews of the Supreme Court In the case of Emily Cronon against Chsrles A. Avery and others. It appeared that the firm of lawyers with which the referee in the action waa connected brought a proceeding on behalf of a company of which the referee was President, and consented to th appointment of aawyer for the defendant in the Cronon vs.

Avery action to hear the Issues raised. Although this lawyer was named before the referee rendered his report, he did not know of his appointment, nor did he begin his hearings until after the report waa actually made. The referee was of the highest Integrity, and there waa not the slightest hint that he was In any way Influenced because of the fact that the defendants' lawyer bsd been appointed to bear the case In which he was interested. us tee Andrews said In part: It la not whether the referee had In fact been Improperly Influenced. It is not even whether a man of character and standing would be likely to be Influenced.

But it is whether, from tbe relattonsnip of the parties or th act. of the referee, the fairness of his decision can be Justly questioned. Public policy requires on the part of referees the avoidance of even the appearance of such relations as might bias the Judgment consciously or unconsciously or swerve in the slightest degree their action. It has been held in this State that attorneys In different action, may not decide, as referee, the cause of tbe client of the other. Where thl.

Is done, and upon these fact, alone appearing, upon the application of the opposing party In either action, the court should vacate the reference and set aside the report If qae haa been msde. The rule 1 a salutary one. and should be strictly enforced so ae to avoid even the appearance of evil In th administration of the law. So far a this particular case Is concerned it may well be that Justice would be served by a denial of the motion. But the result of such a precedent would be pernicious.

For thl reason and for this alone I shall grant th application." The report of th ref ere was therefore set aside. 3uadiax amo Ward. Infsnts ar wards of th court. Their property cannot be sold. Improved, or interfered with except by a Justice's consent.

Justice Rogers of the Supreme Court has therefore given a decision holding that' John J. B. lilckey. as receiver In supplementary proceedings, cannot reach money which Thomaa II. Dixon, the Judgment debtor, expended on his four-teen-year-cld daughter Margaret's house tn Syracuse.

N. Y. The Justice decides that, as Margaret herself, being aa infant, could not Impone an obligation on her property without due authorisation by the court, no one else could. Incidentally, Justice Roger reviews the law of guardian and ward. II find that wher a guardian' advances money out of Ma own pocket for th erection of a building upon the land of hi ward, without being authorised so to do by a court of equity, he cannot recover back the amount.

Another Interesting case cited by Justice Rogers was where a widow, with Infant children, assigned a lens, of premises of which her husband wss the lessee, Th assignment waa held to be volU and tltat th children were not divested of tJteir legal estate. Before the matter cam before the court, large Improvement had been mad by ihe assign, and th court -a? -mr mm I ft Reflect. Do you need Shirts? Even if you doh'tr the price says think again, 95c Imported Shirtings made up in Madras and Oxfords. Hand1 Made and Hand Ironed. Cuffs Separate or Attached.

Soft Bosoms Suitable for business wear. Regular $2.50 and $1.50 quality Special at 95c. Three tor $2.75. Hacke tt, Carhart Co. Three Mai Corner Thirteen Street Broadway 410 Corner Canal Street Store 1 165 Near Chamber Street "jsyevtavsv 'fcfcWfcvsvvts ytavfcyfcS5 i-ii-ncea a ionic ij to brae ye np and enrich your blood 5 I Don't TakeDrugs! TR.Y the Delicious Tonic Beverage, I BASS' PALE ALE AMUSEMENTS.

JtW EMPIRE thathe. Evas. 8:30. Matinees Wiwt mA LITTLE MARY SKATS SELU.1G. THE OTHER filRI FROM THB CRITKRIQV THEATRg XMinn WH.

fill I PTTF In the aom.kVbLk III CKICHTOV RVr. W.t. VTmJt m. ROBERT RAhson EDESONffiE- sfiBS- Tt. BOUVE.VIRS.

"-win lieu si and areat case GARRICK TIlEATHK.liiht.a-Uway". NEXT ltl'SSKLl, In a nw viay br Harf.inn r-. K.n THB TOL'yOER MRB. PARLIXO a-vs. stats: Wed.

tt 8at- UAST- WEKK THIS THEATRE. NEXT WEEK AT THE EMPIRE. SrcSSTHE 0THEK GIRL NEXT MOVDAT-8EAT8 TO-DAT. rif" rohman will preaent VIRGINIA HARNED E- It 80 them's new play. -The l.teht That Uea In i- Best of the Midwinter Playa "-World.

Eleanor Robson SAVOY ri itch's GLAD OF IT NEXT MONDAT-SKATreOAff- ROBERT HILLIARD Hr Burnett's PUy DALY'S T.r 8010 IJl MAtineea Saturdays at X. with enthualaam." Tribune oun. 1 applause." Bun. Like old I. a vs Sala.

Cfttrhr svmr hd ta hm rras.w4 TTelegraph. Every llinill a Herald. 'vm. vOTTilC ill fatr-w- I Comic Military Ctl SERGEANT KITTY CASINO Aw Tr. mf.lMSm PRiNL'rSS lHrATRrSr.8"T:: "vl; yw-vsw nun iil MfiLt FF I FW The ssiar rCstrnaiL" ThS R--rT-Sk man! A a eat iu IQ Hinaiyuii yi Uth 8, lilS SECRET of POLICHENELLE Bv Pierre Wolff, with Wll.

H. THOMPSON'. MntTOnt Jas. K. Hackett.

thtrecoer In town should know tbe a "-hSwW. pakes a Distinct m'n'UCCn- 8hoU be -out. 'Destined to triumph whererar Wulte unlike the usual artl-cWUbeill ParUUn. a1. 'r, del- ehoteeat theatri cal entertainments of tha Ml 1 mmm lyric -jtid JT.

813-. Telephone TOO. 2a Prodigious Welcoma trT trK 1 HI. ADA REMAN aid OTIS SKINNER And- Rare Manlfeetatlona or rf.n.i.. waWa.jrfTWi-aj BJ THE TAKING OF THE SHREW.

ss Sm -TMi asa Krasaa. NEW AMSTERDAM! Wast of B-wsy. 1 ia. wed. a at a Kvca.

at a MOTHER GOOSE CH AUNCE 0LC0TT BROADWAY Iiy5aV'WCAI' FXr.DY MLCcSi. HCnil AND II I in Great XJT.118 Illt-UML THS WMIU JA8.T; p6wn; Watt. M.i I r--i we.ka. tt St. Theatre, at Sth Av.

Mats.Wed.AA, Short n-e ANDREW MACK 4S.S la THE BOLD SOGER BorT MVBVK Katra attractlonaT CnaAnlt, .1 further held that the Infants were not hounU to pay him for these Improvements Csmegls Helps Legal Aid Society. Andrew Carnegie has ent his cheg for tl.000 to the Legal Aid Society. While th expense of this charity are growing, Vouk WlnrlmQller. treasurer, sal yesterday that compared with former years the contributions were diminishing, so that thl donation cam at an opportune moment. Th society, he added, was sUU in aewd of funds.

MHMMAritoaAMMaMe49Biuasaai3ttaaVBnssSsaK0J AMUSEMENTS. METRO POtANOPKaAOCSX Under alrertlna of Mr. Keinrlrh Cim-u. TO-DAV. at P.

M. Prelr-MfS" (lortu. ioaren. H-rxiT ri Ce Jin. ii St 141-TruaTAW T-.

Ternln. Homer; sjfcji 1 Xkwpf-r. ConJortor, MottL au Jan. 1:1. at lEX.rWfj rrAW-)r SetnbrU-h: Carwa Scott I.

RoaM. Coaatactw Set. Er. Jaa. popui.r atfc-l-'' Catakis Diw-l.

Plaaeoa, CanpaoaA. M-Tr Coexrootor, Vlcaa. CRAND fe KTlH i lt-l i tTCfjKCaSJ-- Soloists: remstad. Ralph; argstaja Mow. I'y Jan.

SX at LPCTA. earfc 1 mm fc 1 r-A fembrlch; Carase. BcoUi, Vlna. Thurs Xaa. SS.

St T. Sth fVrf-ra. PAKSXTAU Terclna; Bursatallw Vaa Oorlts. tonro-l Frl. Erg Jaa.

3V. at a HALLO Lv CHER A. 6kl. Uoner; CarCei. Chmranarl, bourne.

Conductor. Tina PAKSirAJ. Y'Vy 4th, Uta. in WEBER PIANO L'SiuD. 7" lxlil rUtrl Every Erg.

sad 8aV Mat. KCinnB Ht Ta groat oomady saoass Lkxil! MR. SYDNEY the honor to aanooae a serte of areet-Innir on or before TEH. awm, mtnnrri on or itefore TEH. fc CENtUBY THEATRE STOCK CUXIrlISI; THB MOST OTPtl aLV 1ST OK THK AHHiri IIM Th opaning trill will be i I t'ta ADO ABOIT KOTUI.VO which will run no Jonr-r thaa tour lowed by a fine AMERICA COMKDr1 Then by a revfral of th famous LACK soeceea OI HS, whlea.

aXr rfi'' run, will be succeeded by -nnlta Then by th second fhakMnearcaa OTIltLlil. ws. Ther will W. a series of spaeU) plays by 1B8EX and 8 HAW. JLH UteWaTJl aneea are B-oarantMd to take ouuw IrrmZmJ-Zl of bos office receipts.

Reeerred see.es. liLTnP Sl-00. e4 1.50; Bosea 110; no 4aerrkr2 any time, and no specwlators. snssi Subacrihers for ay or all parformaaOM aw send their names, wrth checks, st oaca tm a OirraN. l.va Broadway.

mane parable to CESTTRt THKATlt COMPA.1Y (lac). 1 1S39. EMERALD BALL For the bsBtftt of tha BROOKXYsT R. C. ORPHAX ASTXTva at the WALDORF-ASTORIA.

WedntKtay Evtnint January 27th. 0flJ TICKETS. SS4o. CONCERT AT p. M.

By ShaaAoa's 23rd Beslmeat Baa4 Tickets Dow on sale at Chandler aaslbi w. sic 4-TS Fultoa Street. Brooklrs. rZ ff" P.11 Ageneis at the SrtiahUaT. 1 CAB1KQIB HALL.

Velzler Pewrth Conoart Sat. Aft, Jaay 23, SOLOIST Symphony Lecpcli LicitEstsri YIOUXIST. Procrsss: Bthorea rw-t. Concerts 1SOTSBL Orarcm" temoa. Cmmu re Tickets bow est sal at Dttsoa's sad Baa Otlim.

THE IITIDAT ITMPHOIT COSCERTS N. Y. SYMPHONY WALTER CARXGGIE HALL IIAIIAT ATI. Soloist. Adels aas ear Oha rw Rusti Wedding (Ootdmark); Air Back immjirn if it.

jeopoid Mjnroacbk. Ctm. froaa Henry VIII. (elaintaena.) Bach Oavwe. to.

Seats. 2 to l.Ou. at Caraeci Xhtso Mrxdkuiohv hai.u Mr. crones: GROSSlVilTH Fe Uastsresi Maatewl Reeltahu AT Oila. Eveainjra: Jan', 32.

2: ArurBooa Jta'y SL ENTIRELY NEW KOOIIAVHti Tickets SI dk flJrO. at Ditsoas. k3 Broadway THE CHARITY BALL' tfm th. VmmMI mmA 1 1 1 pises on Tuesday evening. Peb a.

the Boxes from 11 to 1 O'clock ot SS East VHk SL at nn av. Trust KU fttk Ae. 1 W. 11th SC. 11S Fifth 22 RlreraUe ErtnT KOCRT1I AXSVi Last AUTOMOBILE SHOW 3 Dys MADI50N SQUARE GARDEN, i Open' 10 A.

M. to ll p. w. I 50c ADMISSION SCx mrm A V. Kt a.

Mats. Wad. a Sat kt 1 -THE VIRGINIAN- TO-nir pOHEK DA EKrOkT) (Ce il taafmlsit. TKa trtsrw ekd aa a sSLrww Sa humeVOtlal ss Lirf Lrai a ssVdVsMSM SsfWl aTtwsaHaSSaraiSk AK.eie.U 1A A ST. KICIIOLAi RtXK.

CHAMPIONSHIP HOCKEY SJATCH. CRESCENT A. vs. NEW TORK A. 1, plila am ft A sr.

as PRDCTDs'S DOIIIDV a V.l-n aBiw. m. Krary Aft. A Kra. lie Ha.

saStaA AllHt.r 5t 'La4y Wlaoe, m- r. loot. Vaa4- I Ort -f-hawpara I i.U't.Orstrrs'tlitelsa TbeHtaleef 00- Usllt. LAST Wl S- r- suavs. nay uown caji ifl n- 1 Mat Sat.

Tr. QSSk. CHLCKERSrSL HARLEM Kvr li Mat Saturday. 13. A Chinese Honeyinic.

OPERA HOlStS KXT I KniTI ifHKrF I at "BABETTS." ISeats foa MAJESTICm to-j. Wfif-J BaliesiToylandl He want haiypv till ba ra B-" Blcs-eat km ansa Ta-ra-ra-ra huiai wT WALUCK'S GEO. AD BJ'S quaint Cotaady. THB COUNTY CHAIRMAN ID I fr Broadway sad Baa LADIES- MAT UAfLt LAUI HARPISTS. LAIOE HERRMANN.

Eva Wllltaaa Jaa. Tacker. Prank Bush. BUly Uaa. WEBER FIELDS' SVf POS1T1VKLT LAST TWO WEKIU.

Ta.a4 toT VfcQgp-DB8-D0O I MATINEE TO-DAY. lr BurlespsrJ- BELASCO Vtf-tESAS? rnrtC A KT la D.rM Belaaoo'a sew PT, WJWmil Bw Klttr Bellalr. KSlCKmilOCKER TSea JTway A AHEUA Kvew. at a Mat. Eat.

at til BINUHAM OLYMpfi IILOl LA III -What's toe Matter with SuasST PHeee Tfte. to 11 UO Mat. bat 2S snd Nst. wk. ROBERT EMMkT-Tlx Ua of AMERICAN I RALPH STUART Cv.S-M.Mat.aat.

tin BV RIGHT OF SW0E Nest Wunoay TED MARKS CONCERT. VilinCVIIICl va a. Mat. Ta-dar. l- snuukllLU.

THEATRE. fc. nr. Sth Av CANDIDA UUbiCUI MINsTRRLS. Kletorah, Mat Lv41y.

A sa wears Thursday. Suadajr Ceeasrts. BEST SHOW IV TOWS, OR EAT ACTS-JO. X- a as ut HIIIThoa.Lee.Av 441 tt I sf si a I rV-B-Kelory-Uhaaaoa ta -ahorleck RotaM" anr STAB Le. mtk Mat Wed Joo Welch la "THR PEDDLEK-Neat Wsaa-4jaea of etlute eias.

IRD AVV.Met.T'dr.t Th Eler.tta fTawr. Next Weak "A LITTLJS OVTCASX." 3 i i.