New-York Tribune from New York, New York • 4

MAYOR rAIES ICTION. trouble rnn if. Bill to Repeal Its Exemption Granted in Present Lax. IST TELEGRAPH TO THE Albany. April Mayor Low has followed MB all denunciation of the street railway crab by sending Assemblyman Bedell, the chairman of the Assembly Railroad Committee, a bill repealing so much of Chapter SOS of the Law? at 1901 as exempts from the limitations of the general railroad law street railroads incorporated prior to July 1.

1595. With this Mil he rent a. letter explaining why he wished Assemblyman Bedell to present it to the legislature and urge its passage. The Mayor says that the general railroad law passed in ISOO provided that all street railroads thereafter built should pay to the locality 3 per cent upon the gross receipts during the first five years of the'r operation, and that in 1592 the Union Railway was exempted from this reasonable rule. He further, that the Union Railway was subject to the time limitations of Section 59 of the general railroad law.

providing that if any domestic railroad corporation should not within five years. after Its certificate of incorporation filed, begin the construction of its road, or should not finish its road and put it in operation within ten years, its corporate existence should cease: but thai in 1901 an act was passed declaring that this section should not apply to 'any street surface railroad company incorpoj rated prior to July 1. 1595. The Mayor declares that this had the effect of removing- from the operation the salutary time limit fixed by the railroad law this Union Railway Company, incorporated in 1592. Assemblyman Bedell introduced the bill sent here ay Mayor Low at the session of the Assembly to-night.

If the bill becomes law it will amend Section 5 of the Railroad law by omitting from its final paragraph the following sentence: This section shall not apply to any street surface railroad company incorporated prior to July 1, 1695. which has obtained or become the owner of the consents of the local authorities any city of the first or second class given Article IV of the Railroad law to the use of public streets, avenues or highways for the construction and operation of the railroad thereon. The Mayor's letter is as follows: I hard you herewith a bill to repeal co much of Chapter of Laws 1901 as exempts from the limitations of the General Railroad law street railroads incorporated prior to July 1, lido. I respectfully ask' that you will present this bill, and we-: its passage upon the legislature. In doing so It is becoming that I make clear the reasons far request.

General Railroad law. passed in IS3O. provided that all street railroads thereafter built should pay to the locality 3 per cent upon the gross receipts during the nrst five years their 5 per cent thereafter. In 1i32, the legislature passed a bill incorporating the Union Kanway Company, in what is now the Bore of The Bronx of New- York City, as a holding company, and pave to it the extraordinary privilege of exemption from this very reasonable rule as to payments for franchises that had been established by the General Railroad law for all parts of the State. By this act of ISS2, the Union Railway Company "alone, so far as 1 am aware, among- all companies operating street railroads created since tan.

pays to the city of New-York, instead of per cent and 5 per cent on Its gross earnings, the following schedule: One per cent until its receipts amount to $1,700 a day. and an additional 1 per cent lor each multiple of f1.709 a day But after this extraordinary exemption as to payments had been given, the Union Hallway Company, which obtains most of its rights to by the control of old charters, was BuWect to the time limitations of Section of the general railroad lav. reading as follows. if any domestic railroad corporation shall not. within five rears fitter its certificate Ton if filed, beein the construction of its roads and expend thereon 10 per cent of the amount or.

i-s capital, or shall not finish its road and put It la operation within ten years from the time of filing such -certificate, its corporate existence and by' thT Writer New-York' charter the lextelaxorv solemnly declared that the rights of the cifv "in and to its streets, avenues, parks and all etHer places are hereby declared to be inalienable, and the itself was authorized to give street fntacbisea-tbr a term of years only. Tnis grant wl" again solemnly confirmed by the revised charter known as Chapter 405 of the Laws of ISOL let ly Chapter SM the same.year an "nendntent was added to Section 5 of the General BaUfoad law, ivhich reads in part as follows: section shall not apply to any street surface railroad company incorporated prior to July 1, wrich has obtained or become the owner of the of the local authorities of any city of the first or second class given under Article 4 or the Railroad law to the use of public streets, avenues or highways for the construction and operation 01 the railroad thereon." The foregoing amendment, so far as It relates to The city of New-York, was In direct contravention of the declaration of the itcislature, twice solemnly made, that the property Interest of the city in its streets was inalienable, and particular it had the effect of removing from the operation of the salutary time limit fixed by the Railroad law this Union Railway Company. incorporated in to which the- State- had already Kiven such unusual exemption as to the payment of percentages. It is r.ot to be believed that the State Intentionally did this thing, for if it did at the very session at which It was confirming by the revised Greater New-iork charter its original grant to the city of ISS7 of an Inalienable property right in Its streets, as regards franchises, it withdrew from the city, in the interest of an already specially favored road, time limitation that had beer, established two years before tills company was incorporated. I ask.

therefore, for the repeal of Chapter 5C6 of the Laws of 1901, so far as it relates to street railroads; first, because I believe It to be bad public policy to exempt companies incorporated after the Railroad law was passed, from the timt limitations contained in that law. and. second, because, in effect, such exemption works a breach of faith as toward the city of New-York on the part of the State. The grant to the city of land under made by the Royal Governor Dongan, was held to be so "sacred that it has been repeatedly confirmed by the Sta.te constitution. I respectfully rubmit that a grant twice made by the legislature of the State to the city, or an Inalienable right to its thoroughfares for the purposes of franchise.

ought not to be lightly set aside In the interest of street railway corporations. The only possible hardship that such corporators could suffer by the repeal of the clause I am asking for would be thai they should be obliged to pay what they are worth for the privileges that this amerdment gives to them without payment. This involves to such companies no hardship; it asks of them only fair dealing. For these reasons, I hope that you will press the of the repealing: act which I inclose. G.

N. Y. D. TO FIGHT GRAB BILLS. The advisory committee at the Greater Democracy yesterday, at the office, of "William Hep- Tsara RusselL adopted a resolution condemning the railroad, "grab" bills row pending in the legislature, and appointed "Walter S.

Logan, Peter B. Oiney. Rastus S. Ransom. Jacob A.

Cantor. John A Gentle Apenent IS i Ne.tur*l Ln.i4t.'ve Welter. If you are CONSTIPATED (the beginning of derangements of the system) at once to ftim druseist and bottle of Hunyadi JANOS. The cost is Drink a on rising and get prompt and I pleasant relief, "any tl the world's greatest iesnale specialists have endorsed and now pitscribe Has for CONSTIPATION. on HUNYADI JANOS and firmly refuse substitutes.

Tbey are often harmful. 1 Kelly. William Hepburn Russell. TVilliam J. William F.

Schneider, Benjamin T. RhodfS. and Marcus R. Mayer, a oommittpe to co-operate In fighting their passage. TO DROP BOSTWICK BILL.

Ko Tunnel Contracts To Be Let Tku Year. Mayor ircatcrfltj that, on nrcount of the hostility to the Bostwick Rapid Transit hill and the need of rrorc time to disriiPs the f.ity> transit needs. would not urse any rapid tranpit legislation. The Mayor ladleated an interview with a Tribune teporter thai no more contracts for Tunnels will be let this year. Senator Elsberg, who introduced the Citizens Union bill providing for three-cent fare and operation of an independent subway system on a short term contract, told ex-Senator Ford that his bill would be passed this week Mr.

Ford predicts that if It is passed the Mayor will sign It although it may not meet his views as nearly as did the Bostwick bill after the Mayor had amended it. -Will there be a compromise on the Bostwick and Elsberg bills, so that only one bill will be introduced T' the Mayor was asked. "My idea." replied Mr. Low. "is that the best solution of the question now is to have no legislation at all.

but to wait a year. Just as we did after the tunnel accident suggested necessary improvements in the New-York Central's terminal. By waiting a year we can have sufficient time to discuss rapid transit plans, and determine what is best to be don" in the way of legislation. "It will be remembered that on account of the tunnel accident a bill was sent to Albany designed to enable the New-York Central to make necessary improvements in its terminal. A bill framed at that time was afterward withdrawn, because it was found to be too broad in Its ccope and too extensive in the powers it pave to the company.

After its withdrawal we had sufficient time to determine just what the physical of the situation were. As a consequence a more perfect bill was drafted, which is now before the legislature." "Have you advised Mr. Bostwick with regard to your views?" "I saw Mr. Bostwick this said the Mayor, "and we came to the conclusion that it was best for the city to allow the so-called Bostwick bill and other rapid transit measures to remain in statu quo." "Then will the Post wick bill be withdrawn?" "No. it will not be withdrawn, but it will not be pressed." "Then the city will not be enabled to award any contracts for tunnels within the next year?" "The rapid transit law," replied the Mayor, "allows expenditures for tunnel construction up to $55,000,000.

There is still a leeway of about $12,000,000. I understand. Generally speaking, I do not believe it will be wise for the city to udertake any very extensive contracts. As I already have stated, it will need the remainder of the year to determine just what is needed. The process of letting a.

contract is a tedious one. as all such matters have to go to the Board of Estimate and Apportionment and then to the Board of Aldermen for approval." The effect of the Mayor's decision, provided the legislature the same view, will be to delay the comprehensive plans arranged by Chief Engineer Parsons Mr. Parsons's plans for Manhattan alone call for an expenditure of more than $50,000,000. If no further latitude is allowed to the Rapid Transit Commission, it may have a detrimental bearing on the completion of the City Hall and Bridge station of the subway. John B.

McDonald has not been able to push the work as fast as he wanted to. as Chief Engineer Parsons was not able to decide what he would do about subway connections for the Brooklyn. Manhattan and Willlamsbuf 1 bridges. He will now have to go ahead and build some sort of station at the end of the Brooklyn Bridge without reference to future subways. MR.

BOSTWICKS DISCLAIMED. Places Responsibility for Rapid Transit Bill on City Officials. Albany, April This statement was made public to-night by Assemblyman Bostwick, of New-York, in relation to his rapid transit bill: In view of the criticisms which have been made during the last few days upon Assembly Bill No. 1,808, I fee! called upon, in justice to myself, to make a statement in regard to that measure. The bill in question is a bill which provides for certain changes in the Rapid Transit act, the purposes of which are to govern the manner in which future extensions of the subway stem in the city of New- York shall be made, and the conditions to be imposed by the city upon the This bill ras introduced by me.

and has become generally known as the Bostwick bill, or Low-Bostwick bill. The bill is not one of my own preparation. It was drawn by Corporation Counsel Rives, and was the result of much thought on the part of the Mayor in regard to changes that should be made in the Rapid Transit act. The bill was brought to Albany by City Chamberlain Gould, and was introduced by me at his request, after having received the approval of the Mayor and the city authorities, and being the one which they desired passed. As one of the Republican members of the legislature from the city of New-York.

I consider myself, in a sense, a medium through which the Mayor Is able to make known to the legislature bis desires as respects legislation. It was in this capacity and not on my individual responsibility that I introduced this bill. The Mayor of the city unquestionably has a right to 'have a bill which all the city authorities believe to be in the interest of the city introduced in the legislature, and it is only proper that such a bill should be introduced by one of the New-York City members belonging to the majority. The showing of this courtesy to the Mayor ought not to involve co-ordinate responsibility upon the member or justify the assumption by the public that the bill embodies the member's own thoughts upon its subject matter. My sole intention is to define my own responsibility.

My regard for the Mayor's Integrity absolutely precludes the notion that in giving his sanction to the bill he was actuated by any motive than what be considered to be the best Interest of the city. If. as has been claimed, the bill does not properly safeguard the city's interests, and the Mayor can be convinced of its defects in this respect. I am confident that he will be the first to call cither for its amendment or its I am sure that he will give the rr.rst consideration to all the criticisms which have been passed upon the bill, and that to this consideration he will bring a perfectly open I I shall not press the bill until I hear from the "Mayor. If.

after impartial analysis of the objections raised against the bill, the Mayor should conclude that the legislation for which It provides is desirable and for the best Interests of the city, I shall be willing to act upon the integrity and wisdom of hi- final Judgment BEPLIES TO 0. H. P. 3ELMONT. J.

B. McDonald Sure None of Rapid Transit Board Are Interborough Stockholders. When John B. McDonald beard yesterday that there would probably be no further subway legislation this spring be said: "It's too bad that plans for more subways will have to be delayed." "What about O. H.

F. Belmonfs charge that cf the members of the Rapid Transit.Commission are probably Interested in Interborough Rapid Transit Company?" Mr. McDonald was asked. 'As far as I am concerned es contractor I no not feel like saying anyutfng in reply to Mr. charge." said Mr McDonald.

"However, as 0 much has been said about such possible connection I am wflltac to say this: I have never seerra list of the of the Interborough Company, but I am one of the largest holders of the stock and I am quite sure that no member of the Rapid Transit Commission or any officer of the commission has any interest in the stock of Interborough company. As the contractor for the tunnel I can speak with absolute certainty when I cay that no member of the Rapid Transit Commission or any officer of the commission baa any Interest In the contract or any of the flub-rontraets NEW- YORK DAILY TRTBFXE. APRIL 14. 1903. or in tho furnishing of cars or machinery or sup- plies." "Is there any ground for charge that the commission is favoring your interests unduly?" "It is well known to the average daily reader that this contract was put up for public letting," said Mr.

McDonald. "There was open and free competition. It also is well known that the Metropolitan people turned down the proposition. It likewise is well known that with my bid for the building of this system I risked my own money and my reputation. Mr.

Eelmont has stated publicly that if it had not been for his confidence in my integrity asd ability as a contractor to successfully complete this work he never would have touched It. Since that time I have had many conversations with Mr. Bclmont with reference to the contract and the extensions, and I never have heard him say anything contrary to the interests Of the- general public. Every concession that has been made to the contractor has been in the interests of the city. This is particularly true with reference to the addition of a third track between Ninety-sixth-st.

Washington Heights and the third track on the elevate.l in the Bronx." "Do you think an Independent East Side line could be built so as to carry passengers for a three cent fare?" he was asked. "The present subway." said Mr. McDonald. "Is the city's road. Every dollar they have loaned to us is amply secured, and at the expiration of lease the city will come into possession of its own in fee simple.

I do not believe that any competition with its own property will benefit the city. I don't believe that any one can be enrried from The Bronx to the Battery for less than a five cent fare unless at a I farther believe that If the attractive features of The present contract are eliminated to any considerable degree in subsequent contracts, it will be to responsible people to bid." Ex-Senator John Ford sail: Of course the Belmoni people will be satisfied to have no further legislation this year. By not withdrawing the Bostwick bill the Mayor doubtless expects to kill the Elsberg bill. That is the game. The old bill is good enough for the Belmont people Mayer and the Rapid Transit Commission do not want new bidders.

They want the Belmont people to have it all. In this connection the attitude of Tammany Hall toward the Elsoerg bill is Last Wednesday morning, when the Elsberg Bill was voted on in committee. Senator Grady. leader of the Democratic minority in the Senate, voted against the bill, as aid his Democratic colleague on the committee. When the report of the committee was presented to the Senate Senator Elsberg made the usual motion that the bill be ordered to a third reading without the necessity of debate in committee of the whole.

Senator Grady opjected and prevented the advancement of the run. On Friday morning the bill was reached in general orders, and Senator Eifcberg again tried to advance It to third reading, and Senator Grady again objected. His objection was sufficient to prevent the bill advancement because of the absence cr a quorum. Thus are the Tammany members of the legislature lining up with Mayor Low and the Rapid Transit Commission and the Belmont synaica HAD NO IDEA OF SHIELDING MAYOR. Terrace Garden Committee Did Not Think Bostwick Bill Within Its Scope.

At- the People's Institute la? night. Charted Sprasu-- Smith denied that "shielding any one was intended in the suppression of the letters a'tackinc Mayor Low and the Eostwick bill, at the Terrace Garden "grab" bill mass meeting on Saturday night, but repeated the arguments already advanced, that the Bostwick bill was not designated for discussion by 1, in the main, with Henry George's view of the constitution of the Rapid Transit. Commission, considering It an anomaly tn a democracy and a self-perpetuating body, only two of membe were representative of the people through election. While he had full confidence in the inand Intelligence of it? members, he did not that, four years airo was ready to surthe subway in perpetuity to the Metropolitan Railroa.i Company, and was only He continued: Daring the entire period of agitation the only bills under consideration were those denominated "sneak" bills and the two rapid transit measures drawn, one by the Corporation Counsel (the Bostwick bill), the other by the Citizens L-nion tthe Fisher? bill) had not been referred to in any way. The mass meeting committee had no authority to go "beyond the commission received.

When therefore, the second meeting was to be held and members of the committee were informed speakers proposed similarly to direct their attention to these two bills, it was suggested to Henry George and John Fort! that such matters, in the judgment of the committee, lay outside the purpose of the meeting. I am confident that no thought of shielding the Mayor or any one ever entered the Buna of any member of the committee, as it certainly did not my own. WANT LOCAL RAILROAD BOARD. .7. A.

Hodge, J. S. Lehmaier and Others Address West Siders on Grab Bills. A mass meeting to indorse the Local Railroad Commission bill and to oppose the "sneak" and bills before the legislature was held last night at the Century Wheelmen Hall. No.

444 under the auspices of the committee of one hundred. Resolutions denouncing the Wilcox. GoodselL Foley, L'Hommedieu, Grady. Cadin and Bedell bill? were passed, and it was demanded that the. Russell-Wood bill, creating a local board of railroad commissioners.

be passed. Addresses against the objectionable bills were made by James S. Lehmaier, Edward B. Whitney, J. Aspinwall and Julius Henry Cohen.

Mrs. Ralph Trautman. of the Women's Health Protective Association, and W. T. Donnelly, of executive committee of the Manufacturers' Association, in favor of the Local Railroad Conunisfclon bill.

Whitney said that intent of ihe Foley rill was to take away the light of transfer. "There is a. bill coming up in the Senate." he said, "the purpose of which to take away from us the privileges accorded by one of the most efficient antimonopoly laws we have, by excepting from its opeiation all the railroads whose franchises were granted prior to 1881." rding the work that has been done against grab" bills, he said that it would not have possible for any more efficient or active work to be done than had been don? by the Mayor and by the Corporation Counsel In opposition to "If these "bills are not killed." said Mr. Lehmaier. "the present legislature will be Known as a certain Board of Aldermen of twenty years ago is known.

I an honest legislature, but as a boodle legislature." Regarding the Wood bill he declared: "If the State Board of Railroad Commissioners had been competent it wjuld not have been necessary to introduced this bill." Xi Cohen maintained that the people were largely responsible for the corruption that prevails at "It la a reflection on us." declared, "that wf Fh'ouH have to organize vigilance com to' guard ar.d watch as we wouia thieves the men we nave elected to office. Fart of the asjt-' railroad corporation Is ownership of legislatures." BUSINESS TROUBLES. Justice Davis, of the Supreme Court, yesterday appointed Arthur Butts temporary receiver for the Pneumatic Torpedo and Construction Company, on the application of Elisabeth F. a creditor for $2,517. caader M.

Orr. paper manufacturer, who made ar. assignment on December 26, hid property reassigned to him yesterday. Louis Flashenberg. dealer in hats at No.

202 Delancey-st yesterday assigned to Morris Seiff, without preferences. The schedules in the assignment of Thompson, Coady a- Co dealers in heating and ventilating apparatus at No. 139 West show: Liabilities. $3,121: nominal assets. H.OW; actual asmu, CHURCH EXEMPTIONS, $160,430,560.

mber number of "Federation." issued quarterly by the federation of Churches and Christian organizations in this city, contains article? on The Renascence Religion in New-York." -The mdition of the Federation Movement in America." --Practical Evangelization" and 'A Long Step Toward Comity in Church Extension in New- York." The article on the- city's tax exemptions in 1902 show? the grand total cf church exemptions amounted to ttSo.4Bo.sßft. The annual report of the federation says the work this year inclu.l"? upper East Sidti a.nd a special study ot the Manhattan and Brooklyn. MEMORIAL TO WILLIAM ALLEN BUTLER. The family of the late William Allen Butler, the weU known lawyer and poet, has offered as a memorial gift a lot adjoining Imnaanuel Chapel of the First Presbyterian Church, on which It will erect a chapel house for the minister and for church purpose? The chapel will haye to be southward to allow erection of so large a building as the family desires to place on lot. The family plans to about wl i vote on the offer shortly.

CARFARES IN AMERICAN MONEY. Havana, April The Havana street railways to-day began collecting five-cent fares in American money, in accordance with the concession granted by the military government. The fares had hitherto raid in rive centavos. Spanish coins. G.

W. TAS SEST HI XT. Thrown from Horse in Central Park Knocked Unconscious. G. Willeft Van Nest, a lawyer and prominent club member, was thrown from his horse last night while riding in the Central Drive, near the West Drive, in Central Park, and was rendered unconscious.

In addition to the Call he had a narrow escape from being run over by a carriage, which was immediately behind him. He was taken to his home in the park ambulance, and Dr. Goldsmith, v.ho attended him. said. that his condition was dangerous.

Mr. Van Keel is fifty years old and lives at No. 123 East Fifty-eighth-st. He is unmarried and has law offices at No 20 Last night he was riding in the park, and after spending an hour in the bridle path started to leave the park on the west side. He turned into the central drive and headed for the west drive.

Suddenly his horse shied at a passing -automobile, reared in the air and then pitched forward. Mr. Van Nest was thrown from his horse and landed on hit; head and shoulders on the hard ground. The horse, free of its rider, sprang forward and dashed along the west drive and north as far as where it was caught by Mounted Policeman McNulty. When Mr.

Van Nest's body struck it rolled over, and he lay as if dead. The drive- was crowded with vehicles, and the wheels of one nearly passed over his body. There was a great deal of excitement on the drive, especially when the frightened horse dashed along without its rider. As soon as McNulty caught the animal he returned to the scene of the accident. A large crowd had gathered about the spot, and Mr Van Nest had been carried to the roadside and was laid on the grass.

McNulty summoned the park ambulance, which responded with Dr. Goldsmith. After working over the man for ten minutes Dr. Goldsmith partly restored him to consciousness. He was able to give his name and address, and to say that he desired to be taken to his home.

Dr. Goldsmith said that the man was suffering from internal injuries and general, contusions of the head and shoulders. He was removed to his home in the ambulance. Mr. Van Nest was graduated from Harvard University in 1874 and from the Harvard Law School in 1876.

He edited the seventh edition of "Sedgewick on the Measure of Damages." He is a member of the Union, University, Tuxedo, Harvard and Metropolitan clubs, the Holland and St. Nicholas societies, the Downtown Association and the Association of the Par of the City of New-York. FOVF SEAMEX TRICED UP. Ove Deserts British Brig on Raft of Barrels. SAY VESSEL IS UNSEAWORTHY.

The British bark Glendovey. Captain W. H. Larkins, which arrived here on March 26 from Cienfuegos, Cuba, and which left Hull on June 18, 1902, for Cape Town, according to charges which "have been filed with the British Consul General here. Sir Percy Sanderson, was unfit to put to sea.

Two of the crew allege that they were triced up because they would not turn out at 5.30 a. m. Two others were treated in a like manner, they declared, because they refused to work until the others had been released. It is also declared that the amount of lime juice on board the vessel was not sufficient in quantity to comply with the British laws. In the affidavits the sailors say that two weeks before the bark reached Cape Town, the condition of the water tanks was such that the Bait water entered and made the water unfit for use.

The mate. Alfred A. Branett, in his affidavit declared that he had an ulcer on his foot, and that the medicine chest contained no cotton and no lint, there "only four bandages and one or two rusty lancets." He left the bark a week ago. From Cape Town the bark sailed for Cienfuegos. Several days after the vessel left Cape, Town two of the men.

so the affidavits declare, were told to turn out at 5:30 o'clock. They refused, and were put in irons and strung up to the boat's skids until noon. At 8 o'clock two ether men who had refused to do their duty unless those who had been strung up were suffered th" same fate. They were suspended to the spanker boom, which at the time was not in use, as the bark was sailing before the wind. They were exposed to the glare of the tropical sun.

The men assert that the raptain had no right to turn them out at 5:30 a. but that they finally submitted, because the pain became so excruciating that they could not stand the punishment any longer. At Cienfuegos the entire crew endeavored to get away from the vessel, but only one. an American, was enabled to do so. He was released by the British Consul at request of the United States Consul.

The mc-n came here on another vessei. rhe bark sailed from Cienfuegos another sailor, while the craft was still within threo miles of the coast, v.ith the wind Mowing toward the shore, escaped on a raft made, of barrels fartened together by boards. It ts believed that reached the shore safely. This left five men in the forecnstle and three besides the captain in the. these three being the first and Becond mates and the steward.

H. "U'olff, the second mate, confirmed this story lost night, and added that he hoped to be able to get away from the bark to-day. The captain was a hard man. he said. He took a Tribune reporter aft and chewed one of the boats to him.

Ir was 7:30 p. in but at that hour it was possible to see the sky between stem and the ends of the planking of one of the boats, as on a looked up at the bow ot the boat from the tfeck. The craft could not have floated for fifteen minutes. The only other boat, the second mate- declared, was leaky. The spars, he said, were so rotten that great care hu-l tr taken in raising and lowering them, especially in a blow.

have asked for a survey of the water tanks, the boats and the spars Captain Larkins refused to. T.nik about the charges. The Glendorey is owned by a woman, a Mrs. Lewis, of London MRS. SCRIBNER BUYS A SEMINARY.

TEIEGRAI'H TO THE Saratoga. N. April Temple Grove Seminary, which for nearly half a century, up to a recent date, has been an educational institution, has been purchased by Mrs. Lucy S. Scribr.er, of New- York and Saratoga Springs.

The property Is in Circular. Spring and Regent st? The was under the management of Dr. Charles F. for thirty-five and previously waa conducted by the late Rev. Dr.

Luther F. I Bcrlbner will, it la understood, i the seminary into an institution for the education or young women in various kinds of Industries. She Is the widow of J. Blair Bcrlbner AGREE ON ST. GEORGE FERRY PLAN.

Mayor Low. Dock Commissioner Hawkes. President Cromwell of Richmond. Albert B. Boardman.

representing the Staten Island Rapid Transit Railroad, and Edward Lauterbach and Charles L. Spier, representing the H. H. Rogers syndicate, met in conference in the Mayor's office yesterday and practically agreed on plans for the Staten Island ferry terminals. Two plans for the St.

George terminal were acceptable to Rogers people and the rapid transit line, or." of which will be selected. "The actual terms of the ferry lease to be entered into hy an operating company, to he or ganized by both trollcv and steam roads, discussed by us." said Mr. Hawked, "and substantial aereerr.pnt was arrived at In regard to the general features. The details will be discussed at a meeting Jo he next Monday at the Mayors office. The plan provides for commutation fare, two side ferry services to the north and east, flyp new hlch power boats, latest pattern ferry houses, both slips In Manhattan to be used for Staten Island ferry service exclusively, and no delay to oc-Mir In putting nil these plans into nffert ApOKTSriCN 5 PROGRAMME OF SPORTS TO-DAY.

RACING TT-r and Oakland. at OorCVtGwa: Trinity. At Van P- m. tUaosw Brook Ilcun.l«. ToMbury.

IMariJ. 11 a. m. Hobsrt. at cf ATTTOMOIUIJN-fV-A? Garten Ity.

trials for pUfes the Aatertrad In International -iv race. THE EACETEArK Seven Races on a Heavy Track at Wins Steeplechase. Washington. April Easter Monday's races at Bennlngs were run in a drizzling rain and on a track Heavy with mud. but despite the conditions one of the largest crowds of meet- Ing was present.

Seven Including a hurdle race at a mile and a half, and a hase at two rniios and a half, were run. Five hordes started in the steeplechase. Walter deary Ms tali to. the last Jump, at which he and Mara had difficulty in getting him to take if. Meantime Axius him.

and finished first, with Cleary Eecond and Gold Ray. the favorite, who'fell in the race, third. Two two second choices three outsiders won To-morrow will be th- last day of the meeting. To-day's summaries: First (selling: CM an.l flights of dfitm Llcht. 140 11 to won: Alma r.irl.

12) (Ftnslgan), 7 to 10 out. Collegian. ill IS to I. third. Paxtoi also ran.

Socond race (sailing; five an.i one-half 07 10 to 1. won: Sir 104 (Minder) 10 to 1 to 1. second; and 100 (Hlftdk). i to third. Ttrr.f.

I'M. Kins Annie Midnight Show Uirical Slipper, Geisha Girl. PrUe ef Galcrff ani Third rseSiat four and one-naif Susie Christian. rallahan). 80 to 1.

vrcn: Ora K. irA out. Pleasant 1.5 (Fisher). 7 to -V third. Time.

Calyx and St. Roche also ran. Fourtn race (Barter Monday selling: two and roe-half Arias, lM (Robinson). 8 to 1. won.

Walter Cleary, 137 (Mara). 2 to 1 7 to 1" Oold nay. 137 (Bemhardo. 8 to 5. third.

Time. 5:46. Woodlands and Kalorama fell did not Fifth race Mezzo. CWilkersoro. 4 to 1.

wen; Lord Advocate, (T. Burns). 7 1 Md I to 1. second; Jerry. 11l (Blake).

8 to 1. thirt. Wheeler C. Lucky Fortur.atu*. Sapere.

Ithan. and Cherubim also ran. Sixth race (selling; and one-half Peyton. 108 (Haack). .3 to 1.

Flara. 108 (Doylet. 4 to 1 and 3 to 5. second; Blue Victor. ins 4 to 1.

third. Time. 1:28. Fluke Gwynne. Lai-- Wctteek.

Eassverine and alee ran. Seventh race (handicap: ore. mile and seventy yardst Circus, 100 1 to 2. won: 120 (Gannon), fi to 1 and 0 to 5. second: Bar Due.

98 (Haack). SJi to 1, third. Time. 1 53. McWllllams also ran.

CANDIDATES FOR CAB TEH HANDICAP. Metropolitan Racing Season Opens i row Many Good Entries. The metropolitan racing- season begins to-morrow with the opening of the Queens County Jockey Club's meeting at Aqueduct. Since Hi opening eight or nine year 3 ago. thi3 Long Island track has served both as a curtain raiser for the larger tracks and as a "dag," on which possible performer? in turf classics have been tried.

The present meeting will bring together many of last year's thoroughbreds, and the new youngsters whose racing qualities are still unknown. The feature of to-morrow's racing will be the Carter Handicap, a sprint of seven furlongs. Of the sixtyfive horses eligible, it is probable that at least fifteen will go to the post. This number, however, will be materially decreased, should V. Bell's formidable Hermis remain in the list.

As Mr. Bell's stable will also be represented by toe fouryear-old Francesco, it is not thought likely that Hermis will start. The list for the Carter Handicap, as it wa? revised last night, includes the following: Age. Wght. Hermit 133' Ist a JOf Francesco 4 110 Himself 9 10.3 Old England 4 123 Dalv Jg Slave 8 103'Yillov Tall fr 2 Rorni ft Injunction .3 100 Svrlin 4 1141 Lord KO Xamtor 4 4 Demurrer ...5 3 6" Ben Mot 4 Numeral 4 Ethics Dr.

Saylor Wealth 105 Saturday starter. On the strength of a victory over XT. C. Daly a Himself, winner of this year's Bennings handicap, at Washington, last the California bred race horse, Yellow is thought by those who saw his performance to have an excellent chance in to-morrow's handicap. is in with pounds.

Mars Cassidy will act as starter at present mccl SECOND BENNINGS HANDICAP. The. Second Handicap, the last feature of the spring meeting at the Washington will be run to-morrow as the second on the card The distance is seven furlongs. following are the entries and April Shower. 113: Daly.

110: Ahumada. 112: Ills. 108 Frank Fester. MM Circus. Par Excellence.

Honolulu. 104- Shrine. 104: Pasreanr. 103 10a Merriment. 100: Duke of Kendall, 100.

The entries for the other event? are given be law: First (maiden hurdle: CM and "ne-haU Moderator. Lady Radnor. 182: Mazi" Historian. 144; VCllhard .1.. 144.

Third race ifilliec and twc-year-old four and Eieata. 90: RlrkT PO. Poy Blue. M. Flute, Transmigration.

Rei eriierate. 90; Echir.ate. Fourth race (selling: three-year-elds and uyvard: seven of the Garter. 117: Blue Victor. Lord Advocate.

Cloche d'Or. 'Lucky Hay. Little Fey. 105: Wheeler R. IOC': My.tic Belle.

S7; 'Nuptial. 101 Fifth rare i maidens, three year? old and upward: seven Walbror.k. Allen 102: 102 Loravale. 9T: Catch Me. 91: Pearl Diver.

97. Sixth race (MIIiRC three-year-olds and upward; one forty Black Dick. 110: 109; H. Coleman. 1 Lord Advocate.

Ithan. 34: k. allowance. VANDERBILT RACERS RUN POORLY. Paris, April the Bob Beiogae meeting to-day W.

Vanderbilfs Alpha, with J. Rausch in the saddle, ran second in the race for the Prix Biennal. Mr. Vanderbilfs Marigold was fifth in the same event, with Nash Turner up. Mr.

Vanderfcilt'f Cleopatra II ran eighth in race for Prix d'Autenil. DFIVING CLUB ELECTS OFFICERS. To Offer Special Cups for Amateurs at Empire City Track. Charles C. Lloyd i was elected presld-nt of Xt 9 New-York Driving Club at the annual meeting of that organization on Monday.

Edgar Bronk was elected "vice-president. Peter McDonnell treasurer and Alfred Reeves secretary, and Thomas J. Brady. F. Paul! Brayton and James rfirectors.

There will he six silver trophies offered for am teur competitions at the Empire City track this year in addition to the usual ribbons, as To the trotter and the pacer making the miles; to the trotter and the pacer winning trie greatest number of heats, to the trotter ant! pneer winning the championship. It was decided that the cups grvn last under conditions which required them to be three times before becoming the property of any member should be given without further competition to the men who won them. As soon as the and race committees are appointed the daws for the matinees will be given out. At least sixteen will be given in the season. COLUMBIA TRACK MEN HOLD GAMES.

Columbia's first outdoor track games of the year were held at Columbia Oval yesterday. Captain Bishop showed up well in the half mile run. H. K. Langles won the mile.

He is a new man on the team, and it is expected that he will be favorably heard from later In the season The men as a body, showed that they were not thoroughly accustomed to outdoor work. DIVORCE FOR MRS. E. C. LA MONTAGNE.

TO THE TFirVVE San Francisco. April 13 -At Napa to-day Mrs Louise Catherwood La Montagne. wife el Crawl C. La Montagne. of New-York, obtained a divorce from her husband, the reason given being: nonsupport.

Mrs. La Montagne was Miss Loui3e Catherwoo.l, of this city, and she was married to La Montagme eight years ago. She a granddaughter of Chief Justice -V Clinton Hastings, who founded and endowed the Hastings Law School of this State, and li th- president of the Society or Pioneers. The first trouble between the La Montaents was in IMI. In February of last year Mrs.

La Montagne came to this State and established a residence, and last February she began suit for divorce in TOO ROVGH TO RACE. Shamrocks Postpone Their Trial at mouth. XVeymouth. April Shamrock It boom, which as carried away by a Meant yacht which fouled the old Cup challenger during tha race 7-tth Shamrock 111 oft here Saturday, has been spliced, but It has been decided to post further contests under actual racing condltlcss between the two boats until i new epar can be fitted. A trial Shamrocks was arranged for to-day, hut their departure was delayed awaiting the moderation or ban northerly wind.

Most of tht forenoon was occupied win alN fit which had stretched considerably. yachts left their anchorage at about 11 o'clock and fetched out to start trial but wind, even inside the breakwater, was and more squally than anything challmagf had previously experienced. The boats staggered under their lower canvas alone. Outside the breakwater the conditions were worse, after a consultation it was decided to abandon the trial, owing to the risk of carrying away the yachts' The brief sail of the two Sharr.ro/-ks showed that Shamrock 111 is able to stand to her canvas. In the hard breeze she appeared to pull more water than formerly.

This, however, is not surprising, considering The significant point of the first trial in a blow suggests that Mr. Fife has gone beyond the safe limit in his desire to produce light spars. The challenger's main boom is palpably too light for the mainsail, the pull which boom gave spoiling the set of the whole mainsail, which showed double belly divided by a hard. full The maiasheet strops will re rearranged for distributing the strain, -rhlch. it is believed, will stiffen the boom.

OEDEE FOR BOOM COUNTEKSIANDED. "Weymouth. April Sir Thomas Llptcn cabled lor Shamrock Il'a spare spinnaker boom to be sent to England by next steamer. Just as boom ready be QOM in charge of at BrM Basin received an order to hold toom. It supposed that spawas found nearer to replace the one carrlM away by a -tear during last race ef Shimrock I eft Weymouth.

THE BEIIAHCE'S MAST STEPPED. Bristol. P. 1.. Apr.l The saial mainmast af the Reliance was successfully stepped at the boatshops here to-day, and the work of riggir.g was well under way before night.

Early hi the forenoon the yacht was warpei out to the end of pier, and dM mast, which had hs4 lifted high in the air by the 6hears wa3 slowly lowerei to Ita place aboard, and hi half an hour was Mr. iMlin Mr. Kane and Captain. "Nat Hz 3 were last forced Reliaree down In the Inches forward, giving her a trim than she possessed while her deck was The riggers at once began connecting tee and headstays- It is thought the work will completed in a week. COLUMBIA IS BEING MADE READY.

The peerless sloop racht Columbia, twica a. successful defender of the America's Cup, is again afloat She was launched by moonlight on May at It o'clock, from Hawkins's shipyard, at City Island. The old yacht's ur.derbody $3.3 been polirhed until it shines as brightly as that at tha Reliance. Captain "Lem'' and the crew were at work yesterday with the rizgers. getting her standls? riggir.g ready be set up, for the big mast is tt be stepped to-day.

In a week, or ten days, at latest, the yacht. It Is expected, will be ready to go into commission arid her first trial under sail. Ex-Commodore Edwin D. Morgan, of the New- York Yacht Club. who has charge of the yach'.

will take her to Newport as soon a3 possible, to to meet the. Constitution and tae Reliance in a few preJrmtsary trials before their official races begin on Long Island Sound, under direction of the New-Tort Yacht Club. The yacht is to have two new suits of salts, which have been madby the Herreshoffs. Captain "Lem" Miller, who was sailing mr of the Navahoe In British waters last season, and was Captain Barr's mate when the latter salici the Columbia in her against the two Shamrocks, has engaged William Anderson as Bate anl Edwin Nelson as second mate Both have sailed with Miller The yacht will have a tt men. CHESS.

Havana Club Accept 3 Manhattan's Offer for Match. O. M. rtiairman of ma and tournament committee of the Manhattan Club, received fahU message from the Havana de Ajedrez. saying that the latter club would accept the terras under which the Manhattan ciu'o proposed to play a consultation game cablr.

witl a few slight alteration? in the rules. these circumstances the match It will, in all probability, be played or; some Saturday and Sunday of this month or eariy next. According to rules proposed by Manhattan Chess Club, game is to be playei at the time limit of from ten to fifteen moves lo the hour, the game to be played for a trophy, and the losing side to have the right to challenge fw another gamr. Each side may appoint a plsytSg committee. BASEBALL New- York Nationals Shut Out Jersey City with Score of 11 to 0.

New- York defeated the Jersey Clry Eastern League team on the Polo Grounds terday more decisively than on last Saturday, fire being- 11 to 0. score by innings: a 1 I i City 0 A a i 5 i MHler. an 4 Fcxen. Tillon. Umpire LIOO.

BROOKLYN BEATS NEWARK. Erooklyn National League players celebrated their homecoming yesterday by defeating Newark Eastern by the score 5 to 'Ine score hy innings: R. H. Brooklyn ArtAAAArt Newark 0 1 1 .3 3 2 darin M-Macus: Mcnarty ani Umpire Attendance. I.COO.

AT PHILADELPHIA. R. H. i a a a a a a a a a Americans a 0 i 1 Mitchell anil RciH. Plaik ar.l AUTOMOBILE TEST AT GABDE2T CITY Trials for Places on International Cup Raca Team to Begin To-day.

an saM be some of the greatest machine? ever built reached Garden City late terday afternoon, to in readiness to taka part to-day in the trials for places on tha American in International Automobile cup trials will held ur.der the direction of racing committee of the Automobile Club America, will be varied in character. days there have all Mail of rumors as to leng awaited contests. Even up to a hour yesterday it was said trials would be held in It Is said" on fair authority that the form i carnival or about three days of stirring contests There was a report last night that of would try to beat Founder's wcr. recori of 51 4 5 against tlrrr. made in Brooklyn ln 1901.

EX-PRESIDENT CLEVELAND TO SPEAK. Ex- President Cleveland, it la announced. will presulo meeting In Madison Square Oarden Concert Hall this evening. by Armstrong Association for the benefit of Normal Industrial Institute. Mayor Low- Is expected to introduce Mr.

Cleveland- AmflSK the speakers mentioned are Dr. William It Baldwin. Jr. Edgar O. Murphy, Montgomery.

and Booker T. NEVILLE ASSESSMENT BILL PASSED. TELKr.Bi.'M TO THE Albany. April 13. -The Assembly passed to-night.

although it was stoutly opposed by Mr. and Mr. Morgan, the Dili or Assemblyman providing for the recovery of assessments ca been annulled cr vacated citx-.