New-York Tribune from New York, New York • 1

2L95L JEW SEPARATION LAW. fgESCB CABINET UPHELD pities Pass Amendments by 4.13 to 160 Votes. Paris. Dec. government's new re- Hrlous measure was received with enthusiasm thaataaen j-, the Chamber of Deputies to-day, and the bill rapidly voted with the overwhelming ma'ortty of 413 against ICG.

The supporters of the Cabinet consider that the tment of this will greatly strengthen the position of the present ministry for the continuance of struggle with the Vatican. Tfce discussion of the bill was short, and was cor.ftnrd to MM- Lasies, Raiberti. Ribot. Piou 8T) Barres. representing arious political rroup 5 Premier Clemenceau did not take part In the dehatc The attitude taken by the Mln- tpr of Education, M.

Briand. made a great especially nis statement that the govfrnnier.t ioevtr intended to close the churches or interfere with individual conscience, as this would permit the clergy to assume attitude cf persecuted. The Cabinet, the Minister explained, had decided to retain the formality cf rr.ak'."? I to hold meetings, because It anas resolved not to capitulate to the Vatlcar which was acting contrary to French PROTEST FROM VATICAN. France's Action at Xunciaturc Laid Before the Pos-ers. Horn' 1 Pec.

2lJ A note signed by the Papal Secretary of Cardinal Merry del Val. protesting the search of the Nunciature at Paris, expulsion of Monsignor Monlagnini and the seizure of cipher, enabling French government to take cognizance of the IV, POH'caponflence. and the alleged violation of the right of to correspond with Citbolics over the world, was presented to diplomatic representatives accredited to the Vatican together with a circular setting ior.h motives of the Holy See in the action It haf Taken regarding the application ot of 1905, providing the Koparation of Ciurch at.d State. Th" following is text of the summary of tin nof issued by the Vatican: of State. Cardinal Merry rr nas sent to all diplomatic repwntstives of the Holy See, for tnunlcation 'o 'heir respective a protest the search executed by order if the French government in of the Fcndflcal i evw tentative Paris and carrying rfTVrf various documents, and againFt vW.r.t of Monsignor M.ontagnlni.

Th" protest forth enormity of acts. nrf modern preo-dem among as even when diplomatic relations la to respect grid cin'ly ifce archiv.s of foreign wpresentxtives. carrying nff of of Aocoments regarding when Monrizte Clart and were nuncios at and 1 cipher, with which the French government, by meanp of copies of the disptlcbefl kept by the 1-Yench telegraphic offices, vas aliie to cognizance of all the cipher telegraphic correspondence between the Holy and Maiudgnor 17.9 grave not only against the Holy but against civilized powers, which fcave the highest interest in their diplomatic Th" Holy als-t rr against vlolation by the French government of the IncontMUble right of the Pontiff, a right inherent to offii of ropreme liead of the Church, of fnrrefpoi.ding or through givei Ith Calholio throughout the tr.er bishop's, priests or laity. 1n all that relates to the spiritual of Catholics. Merry del Val declares unfounded thf pretext given by the French government for action, namely, that Monsignor Montafnir.i had cnnimuni-ated with three parish priests of Paris who wera io be tried violalions of the of Ca.rA'.r,fi: Merry VaJ received the tnemhers af the corps accredited to the Vatican and communicated to them the text of the Vatican Cardinal particularly Prussian, Russian and Monaco sves to communicate the contents of the various not having at ihe Vatican.

Great KritaUi tiir only country besides Italy to which r.o rannminiraiion was having neither a the Vatican nor a Vatican ap'nt in london. Monsignor Falconto. ihe Apostolic Delegate in the United Stales, and Monaignor Asr.x*. the Delegate in the Philippines, although siot H'-creflited to tlie I'nited Ktates or Philippine government, have received orders to coimnunit ate unofSrially the note to the Washington and those at Manila, Consignor Aversa, the Apo" li'' Delegate to Cuha. beiss accredited to the Cuban government, will officially communicate the note to the tethoritjes.

i GIRL SIGXED XOTES. fio.nk President Tool: About $30,000 for His Chen Use. Chicago. Dec. investigation into the of the Lincoln Bank, of Morton Park.

early in the week, disclosed to-day fact Thai the funds of the bank ksiJ been used by IC. J. Atkinson, the president. Dotes feigned by a stenographer. inquiry was held before Judge Lancils, in States District Court, and the tl.r> attorney the receiver ni notes y.z<l found aggregating CTmnk) ralue, and signed X- Annnror.g" in a rcvejnbUhg that of a child.

before the judge, and thut Armstrong was a stenographer and nov. in Pittsburgh Atkinson hesitated, and 6'l'ic'l: is not a num. but a explained that the woman had not money, hut that she had signed the tor arbicb vu oi.taiiierd by charged to him. EX-SENATOR CAFFERY STRICKEN. TfeUgrapb to The Trtbaw i Orleans, Dec.

5L Ex-Senator is critically ill at a houl here, having i wo days ago with an attack of His family was summoned to- his plantation in fit. Mary Parish. 1 year? old. his been tim-. declining health bua 4 Jerez.

To-day, fair mad roldrr To-morrow, nUr, northwest THE RIGHT HON. BRTCE. M. P. Chief Secretary for Ireland, who will succeed Sir Mortimor Ihjrand as British Ambassador at MR.

BRYCE ACCEPTABLE. President Sends Cordial Reply to British Government's Inquiries. Washington, Dec. In reply to inquiries by the British government. President Roosevelt has Indicated that the appointment of Jamea Bryee to British Ambassador to the United States srfll be entirely acceptable to this government.

Tip President and Mrs. Rooaeveli to-day entertained at luncheon the British Ambassador and Lady Durand. Ambassador and Mrs. Whitelaw Reid and B'shop and Mrs. Karl Cranston.

Ambassador took advantage of the occaaton to present bla letters of recall. He and Lady Durand will sail for England on December 20. also preaented Eame Howard, the new secretary of embassy, who will act as charge d'affaires pending the arrival of Mr. Bryce London. Dec.

announcement of the appointment of Bnrce to succeed Sir Mortimer Durand as British Ambassador at Washington is imminent, md it ill he followed by a. considerable of the cabinet, with the view of presenting an aggressive front when the Parliamentary session is resumed in February. session of Parliament to-day iry for Ireland refrained from making any spe. ttic jiatemmi regarding- the In circulation, but after repeated questions pur by ho did not deny that as his day in Parliament. Mr.

Fryoe yap asked to make a statement for publication, but he to pn. It is understood that Mr. Bryce'a Ifec! until the mbling of Parliament in February. departure will pr iblj raised to the In a dispatch frotn Dubltn a correspondent of "The Times" says the appointment of James to the post of British Ambassador at Washington has Induced many well Informed person to believe that lie has had a serious difference of opinion with Sir Antony Patrick MacDonnell, Under Secretary to the Earl of Aberdeen. Lord Lieutenant of Ireland, over the coming Home measure.

It is believed thHt Mr. was willing to go further than Sir Antony, and that he paw no objection to triving the Irish control of the constabulary. Rumor further points to Sir Antony, the correspondent says. a- the new retary for Ireland. GAMBLERS PLEAD GVILTY Politicians Said To Be Concerned in Boom Raided on Monday.

lit the Courl of General Sessions yesterday Janes Mulqueen, Frank Hauck and John Healy, were arrested Monday in a raid on a poolroom in West street, pleaded guilty to a charge of keeping and maintaii a gam. house. At the request of counsel. Judge Rosalsky remanded the prisoners until December when sentence will be imposed. At the time the men were arrested, ten other prisoners were taken.

The rooms raided aro alleged to have been those of the John Mulqaeen Association, said to be i political club or the district. At the Ime of the raid the police and District Attorney alleged that numerous letters and telephone numbers showing the names of politicians and ofllceholders had been found. So fax these names have not been divulged, but it Is thought at within a few days the concerned will receive subpoenas to appear before the grand jury and tell what they know about the place. SILVER GOES SKYWARD. Treasury Refuses to Buy at 70.063 Cents an Ounce.

Tii" Bureau Washington. Dec. 21 The silver market has gone up L-iin. and the government haa quit buying To-day the Treasury Department received offers of ounces of the white metal, but the price asked. 70.0»j5 an ounoe, was tor, highi in the opinion of Dire Roberts of the Mint "We can get along very well on what we have until spring If necessary." said Mr.

Roberts, "so until the price comes down again we will stay out of the market. assume that India has begun to buy again, and tliat this fact will account for Hie in price." EUGENE FISCKOr HEKE FROM FRANCE. Won Great Sums on French Racetracks Successful w.th Broodmares. Eugene Ftschof. the horse owner, who in Paris throughout the racing Mason, arrived yesterday on Wllhelna 11.

Mr. Kischof he had won ahoiit 400.010 francs on his borees. had great success wi'li tlie broodmares lie bought from Marcus Daly. Mr. Klwliof isM be had jucke.vD trained lo ride aft- the Ameru-jn fcsbion, and to this he- utt-ihmed measure Ins In iris Ha r.iui he would not race in this co intry.

GIVE BETTER PAY FOR CHRISTMAS. i By TeK-E-aph to The Tribune Dec. Tha Illinois gave thirteen employes a Christmas present to-day in the announcement of a 10 per cent increase of wages. The (ncreasa will cost the company about QOOjOOO a year. HENRI.

CONFISEUR. 67-69 W. 44TH. I'arUlan TeJ lloom. .4.

wkdvt. NEW-YORK, SATIKDAY. DECEMBER 22. -FOURTEEN PRICE THREE CEST9. UXERB IN CLOSE RACE.

KAISER II THE WIXXER. Passengers Greatly Excited When Latter Leads htf Two Minutes. The French liner La Provence, which some months ago undertook to beat the Deutschland in a close but unsuccessful the Lizard, was defeated again yesterday by the North German Lloyd flyer Kaiser Wilhelin 11, which overhauled in mid-Atlantic on Wednesday. The Kaiser, after beating her rival to the Hook by four hours, dropped anchor in a dense fog. When the thinned out La Provence suddenly loomed up some three hundred yards astern.

Instantly the made preparation to get under way. lary race waa on. Before the German steamer started her propellers her French rival waa only a ship's length behind. The Kaiser suddenly developed good speed, and half way up the channel the steamers were abeam of each other. There was much shouting on both boats, but the cneera on the Kaiser were deafening when she slipped into Quarantine two minutes ahead of La Provence.

No steamship line will concede that any of its Bteamers have raced. The companies prohibit speed contests on the ground that they Jeopardize the lives of passengers. While they not "actually racing. 1 T-i Provence and Kaiser Wilhelm II forged across the Atlantic at top 6peed. each anxious to reach port first.

It waa proclaimed in and Paris that La Provence would arrive 1n New York before Kaiser WUhelm IT. This Information was flashed on to Cherbourg, where the German steamer was taking on passengers, and caused unusual interest aboard ship. From the steerace to the firs: cabin, it was rumored that the Kaiser would race with La Provence, and all kinds of sums were wagered on the result. When some of first rabin passengers told Captain Hogemann of the Kaiser of the Frenchman's boast, he smiled and said: "Oh. I guess 1 have a pretty good boat myself." He did not say he would race, but his smile inspired such confidence That purse strings were opened widely.

La Provence left Havre at 9:16 a. m. en Saturday, covering the 3,128 mile? between fl home port and New York in 6 days 7 hours and minutes. The Kaiser left Cherbourg breakwater at Sp. m.

on the game day. Allowing La Provence three hour? to make the trip to Cherbourg, which ip seventy-four miles eaat of Havre, she had a start of nine hours the Kaiser. German steamer ran Into bad weather and a rough westerly swell after leaving Cherbourg, and. notwithstanding that she had to run at reduced speed, she covered 030 miles from Sunday noon to noon on Monday, Intense interest prevailed among the Kaiser's passengers, all anxious to know when the Frenchman would be sighted ahead. At daybreak on Wednesday the stewards of the Kaiser ran through the alleys announcing that La Provence had been sighted.

The passenger? dressed hurriedly, and the w-as lined wifh persons who had made big bets. By noon, when one hundred miles southeast of Cape Race, the big German greyhound was abeam of La Provence. steamers were running at top speed, with the French steamer four milen to the southward. Ah the Katser gradually overhauled her rival, the betting on the race ceased, because no one was willing to put up money on the French liner. The Kaiser covered the 3.049 miles fro.n Cherbourg to New York in 5 days 17 hours 45 minutes, maintaining an average speed of "J2.14 knots an hour.

La Provence is equipped with horsepower engines, while Kaiser Wilhelm II had 44.400 horsepower. CATHOLICS WIX CASE. Porto Riran Court Derides Against Go: crn men A A ppeal. Juan, Dec. The Supreme court Rico to-day rendered a decision favorable to the Catholic Church in the case of the Chur agi I to the ownership of certain properties.

court held that propvalued at $500,000 belong to the Churcn. and accrued rent? and Incomes since 1898, when the United States took the from Spain, amounting to $100,000. are held to be due the plaintiff. Of the Bye members of the Supreme Court three favored the derision for the Church. The American voted In favor of the government.

case will be app aled to the Supreme Court of the United Btates. fon er Secretary of Porto Rico, represented pc The question of the ownership of Catholic and othei property In the Island or Porto Rico been In dispute ever since the I'nited States took ov the Island. Under the sovereignty of Spain th" Spanish claimed to ihis property. The question of ownership t.f Church property in Island arose with the occupation, which tiroiitrht about aeparation of, Church and State, and the question nt-raily has been nlmllar to that which i.p in the 'Philippine under analogous circumstances. STOP WORK WITH GIXS.

Farmers Thicart Plans of a Xiagara Pozcer pan if. I Rv to fha Lockport, Dec. 21. A gang of farmers armed with pitchforks and guns held up work oi the transmission line of the Niagara. Lockport and Ontario Power Company, near here, today, while' the workmen were engaged In building fences separating the transmission line property from the.

farm lands. The farmers declare that they gave the company deeds to a strip of land 200 feet wide, but that the company is endeavoring to steal more land by placing fences on the farm lands, regardless of the dividing line. The farmer? held that they could nut get satisfaction bj peaceful methods, and accordingly organized to-daj at a fat md drove to of operations In hay wagon. Lining themselves up acroea transmission line they ordered the workmen to ar the same time levelling their guns and holding the forks in threatening attitud The workmen snee at the farmera and continued operations. Then a battle started.

tired and IngnM away No was hurt. ed by a eonsultatloi I the company and the farmera. DIES AFTER FOOTBALL INJURIES. Philadelphia. Dec.

21. Injuries which lie received in a football scrtmmage ar. have contributed to the death here to-day of Jean Paaaavant, a Bordentown Military Acade nj atudent. The young man was kicked In the hack while playing football at school, and was laid up for some time. When he came home for holidays he was stricken 111.

OVER NIGHT TO CHICAGO. PENNSYLVANIA SPECIAL. in hoars vis Pennsylvania Railroad, trains innati Bt A4vi ('APT. MACKLiX SHOT. ASSAILAXT A XEGRO.

Thought To Be One of Discharged Xegro Soldiers. a Reno, Captain Edgar B. laacklin, of Company jr.th C. Infantry. waa shot twice and severely wounded to-night bj a Negro, and is expressed that It was one of the members of the troop by President Roosevelt for taking part in the Brownsville riots.

Bloodhounds will be brought here from Oklahoma City to trace the Negro. The shooting occurred at the officers' quarters at Fort Reno. Captain Macklln and his wife were seated at the dinner table when some one tried to gain entrance at the side door. Captain Macklin asked. "Who is there?" The reply came: "I have a message for you." "Come around to the back door." said Captain Macklin.

A Negro, part of his face covered by a mask, entered with the command: "Throw up your handfl and give me all the money you've got!" Without giving Captain Macklin time to rsplay the Negro flred twice, then Into the darkness. One bullet entered Captain Macklln'a abdomen. The second struck him In the jaw. The surgeons says that the wounds are not necessarily fatal. Captain Macklin is about thirty years old, and Is a son of Colonel Macklin.

who recently was retired with the pay of a brigadier general. On December 14 the Secretary of War. on recommendation of the General Staff, ordered the trial by court martial of Captain Macklin under the 83d Article of War for "conduct to prejudice of good order and discipline, in falling to exercise due diligence in preventing; the occurrence of rioting at Brownsville last August." Washington. Dsc Captain Edgar A. Macklin, who was dangerously wounded at Fort Reno to-night by a Negro, is an officer of the Infantry, to which belonged the battalion of Negro soldiers which figured in the Brownsville.

shooting Incident. Captain Macklin rose the He is a of North Dakota, hut was appointed from Missouri. SA YS CIIILDREX ARE SOLD. Germans Said to Bring $25 Apiece in Nebraska, Tha Lincoln. Neb Dec.

The New York Society for the Prevention of Cruelty to Children has -written to a similar organization In this state, asking that attention of Governor Mickey be called to the reports that German children are sold into virtual slavery to farmers of this state. action of the New York society anal taken at the request of a society In Berlin. According to the New York letter, an article appeared in the "Cologne Gazette," under a Lincoln (Neb. date line, stating that German orphans are imported York, and thence to Nebraska, where they are sold to farmers at $23 head, this amount being; the supposed bringing the children to this state. The farmers are said to placn the children at work In the fields The charges are attributed to Cora Farher.

an employe of the State Bureau of Agriculture. Governor Mickey's attention hns been called, to this and he has promised to investigate the charges. EAST TRAIX OFE TRACKS. Xnc York Er press Wrecked at Allstnn, Mass. Boston.

Dec. 21 running at high, speed nn express train drawn by two engines, which Wt New- York at 4 o'clock this afternoon this city, left the rails at 10:20 o'clock to-night near the AHston station, on the Boston Albany division of the New York Central system. Althotigh one of the two locomotives and aeveil of the eight earn Wt the track, no person was seriously Injured. A brakeman sustained a fracture of an arm and a number of the passengers were bruised and shaken up. The aecidenl was caused by the breaking of the driving rod or.

the second locomotive, a big mogul, the driving wheels on one side leaving th-- irons. The leading locomotive broke loosa from the other engine and continued for some distance before it was brought to a stop. It on the mils, and was not damaged. The second engine tore up the roadbed and carried all except one car of the train off the rails. The second car the express, a baggage car.

landed upright twenty feet from the track, hut the other coaches remained on the roadbed, although several of them careened at ar angle of 45 degrees. the tiawaeiigTi coaches the gas escaped from a tank ami the passengers attempted rush from the car. conductor suet in quieting their fears and no pani'' The train was nearly three of an hour late at Worcester, and was making up time on th- run from that city to the Huntington avenue station here It estimated that the express wad running the rate of forty miles an hour when the accident occurred. waa blocked "al hours. Shelburne, Pec.

Tha express, running from Montreal to New York over the Rutland Railroad, waa wrecked one mile and a half north of Shelburne Just 11 o'clock to-night. No person was killed. Several were slightly hurt TO FIGHT XEGRO CLERK. Mississippi Citizens Object to His Working in Postofjice. I By to Tba Tribune Hattiesburg Dae W.

George, a Negro paperhanger, sent formal notice to Washington to-day that he had accepted a clerkship tn the Hattiesburg postomee. He the person eligible on the civil Service list. White citizen!" vow the Negro afrull never serve. George left town this afterihtan on a visit to friends in country. his return he will be visited by a delegation of whlta men and the case made plain to him.

Several lead- Ing Negroes of the city have Induced to use their Influence with him and have him resign before entering upon his duties. While tha white clerks and carriers in the office have taken no actton. they leave no doubt that they will not continue at work if the Negro cornea In. It is expected that George will make a fight and carry his case to Washington GREAT BEAR SPRING WATER. "Its Purity baa mads it -A4vt CHARLES H.

KEEP. Assistant Secretary of Treasury, who will aaeeeed F. D. Kilburn as Superintendent of the Banking Department of this state. Copyright.

IMB. by Cllneumst i TO APPOINT G. H. KEEP. Governor-Elect Will Xame Him to Succeed F.

D. Kilburn. Governor-elect Hughes announced last nlgiit that he Intends to appoint, by proper nomination to the Senate, Charles H. Keep, of Buffalo, to be Superintendent of Banks. Mr.

Keep will take the place made vacant by the resignation this month of Frederick D. Kilburn, of Malone, who has engaged in the real estate business in this city. Tn making the announcement. Mr. Hughes said: "It has been most gratifying to me to obtain the earvtcea of Mr.

Keep for the Important of Superintendent of Banks. He represents tha best type of public official, and Is a. man of highest character and of rare administrative efficiency. He is a resident of Buffalo, an expert in financial matters, and his departmental work in Washington. I am informed, has been of the greatest value.

Mr. Keep has agreed to accept the position at my earnest solicitation." Mr. will arrange to take up the duties of his onVe at the earliest possible date after hts confirmation, probably some time in January. He la highly thought of In where he hi known as a man of unimpeachable character and high He has reputation of possessing a wide an intimate knowledge of financial affairs and rare administrative ability. consented to take charge of tha State Banking Department at the urgent request of Mr.

of the opportunity which the place offers for public service. While President Roosevelt ha 3 spoken hi warm praise of Mr. Keep, hta appointment, it is said, was not originally suggestsd by the President. Mr. Hughes considers himself fortunaie to have obtained Mr.

Keep's promise to accept office. Mr Keep was born at Lockport forty-six years ago. He was graduated from Harvard in ISSiJ, and from the Harvard Law School in ISSS. He practised law in Buffalo from ISSS to 1903. when he was- appointed Assistant Secretary of the Treasury.

For asvetal years Mr. Keep has been eecretary of T.ak* Carriers' Association and. also secretary of tha Buffalo. Chamber of Commerce. Mr.

was a member of so-called Keep rommlssion, appointed by the President to the different departments of government with a view to improving their business methods. BOX WITH $30000 STOLEX. Theft from Wells Fargn Office in Xciada. Rer.o. Dei 21.

A Wells Ca express box, said to contain-d was sto! from the company's office here after the arrival of last nights train from Tonopah. Edward Crofton, messenger, continued on his way to San Francisco. CRAW LI KG TO MIXER. Rescuers Constantly Delayed by Fresh Dangers Hicks Cheerful. By Telegraph to Tlie 1 Angeles.

Dec. Hour by hour Trork releasing V. Hicks from his prison in the heart of the mountain at where ha has been entombed since December T. drags tediously along. The rescuers are conversing him freely.

Although he has been promised his liberty "In about two hours' regularly since yesterday noon. Hicks retains his cheery optimism, and Jokss with the laborers about their habitual postponements of his release. Ar noon yesterday It was promised definitely that Hicks would be released by 5 or o'clook. Ac latest. The hours passed and the work grew more and more painfully slow.

Unexpected obstacles arise with foot of progress. It was found that the loose crumbling soil threatened the prisoner and the relief workers alike, and that it was necessary timber the tunnel with the greatest care. At length the workers came to the "skip," as the dump car. which is holding up the Nama that saved Htcks's life, is called. First, they decided that It would be necessary to drift around it.

Then It was found that this probably would result in a disarrangement of the protecting ttaahan ar.d consequent' crushing of Hicka. So this plan was abandoned, and it was decided to cut through the rails, burrow under the car and remove 'he by that means. Each to? these changes in the plans meant so many more hours' delay In reaching the goal, but both Hicks and hi? reacusra realized that the would mean disaster. ao all were patient. At 7 o'clock last night the tollers told Hicks he would be out al o'clock.

Then midnight was the promise, and with arrival of midnight it waa Been that no rcUal eawld be expected before dawn. At this- morning it seemed that a few remaining could be burrowed through in two hours. Then word was pasfed along that it might noon before his release would ba accomplished. It waa HKatsi delayed, and to-night fresh difficultlca were encountered, so that no promise can l.c made. and.

whila Hicks may be released, he may bf forced ro spend another night within a few feet of the men who are- working to release htm. and to display still further his courage and nerve. NO SIGNS ON CITY AUTOMOBILES. A lettsr from the Mayor Tttnlfj the ordinance providing for distinguishing- marks on city automobiles was received by the Board of Aldermen yesterday. The Mayor said that proposed ordinance would interfere uith use of ara for Inspection', as a conspicuous sign on a machine would only serve as a warning of the presence of some municipal official.

Hs aaid he agreed that the official cars be used only for the city's business, but believed in trusting to "the good lasts; of. the department heads." NUTS. FIGS. DATES. at Baoostt's.

iJi Baxclay aJvl P. 8.8. GETS FRANCHISE YIELDS VITAL POIXTS. Comes to Terms vcith City Over Xeuo York Connecting Railroad. The Pennsylvania Railroad Company day met The terms proposed by the city In eaaa 1 nection with the grant of a franchise to the New Connecting Railroad, and as soon a few minor details are arranged, the company will go ahead with its great scheme of tn Queens.

hui a double track bridge across Hel- Gate at Ward's and Randall's Instead, and giving the company a convenient system as? distributing freight within city limits. The conference at which the company to terms with the city was held yesterday noon at the of Mayor Mnftellan. Tt waa) attended by the Mayor. Assistant Corporation Counael Hoyt. Dock Commissioner Bensci awl Third Vtce-Presldent Rea of the Pennsylvania aystem.

The railroad yielded on vital point, anl the terms -which will now be recommended by the Mayor to Joint coaatsfaasps the Rapid Transit Commission and the of Estimate and Apportionment for Its approval apparently fully protect the city's interests. Of the eleven points under contention the- railroad yielded seven. In addition, concessions of portanco to city on points which did not figure tn the original negotiations were made by the railroad. The points yielded by the city were given up without hesitation, as the Mayor's original stand on, them was the result of a misunderstanding of their import. These points of minor importance compared -with those which, railroad yielded.

The railroad grants an increase in money compensation of 10 per cent over tbe termn offered the road hjr the Rapid Transit Commtnsion when it first took the subject of the frani up. These are the terms, -which the Mayor took with at time. The railroad's contention in refusing additional compensation then, was tha' the city would largely compensated by the great Increase in the value of property by this great public improvement. This argument was purely hypothetical when It was made. Since then, in mere anticipation of construction of the road, property values along- its Increased 35 per cent.

With this proof before Im. Mayor felt Jii3tl3ed in fixing- the money compensation at an amount only 10 per cent In excess of tha tsmaa proposed by Rapid Transit Commission. The New Tork Connecting Railroad is to rua from about street. South Brooklyn, through the boroughs of Brooklyn and Queens. an 4 across East River, en the ne-w bridgv to erected, to the Borough of The Bronx.

connection is to be made with the New Tork. New Hartford Railroad Company's system. The Rapid Transit Commission fixed terms this franchise which the Mayor, after careful study, regarded as inadequate. The contention by tha Mayor was. In the main.

that the city's interests were not sufficiently" protected in building and operation of ths railroad, arid, furthermore, that comper.s«a- tion to ha paid Im thi3 great privilege was tn- HufTicient. Pennsylvania Railroad Company for a long flatly refused to consider any other I terms rhan those proposed by Rapii Transit Commission. Tts officials refused to BBjajSl th 9 representatives, SS to confer in any on the subject. It was impossible to discuss any modifications of the terms, or any proposition, so the Mayor was compelled to hosi up a great public improvement. It was not until recently, sas the i company ma 1 application to Board of Estimate and Apportionment for permission to certain streets in the- Borough of for tha construction of a terminal yard, that the Mayor I was able to the consent of tha railroad ofHj rtahi to confer.

The Mayor proposed that both the Sunnyslde yar4 project, Queens Borough, and franchise for be take- Jointly at this conference, and this was ta by Mr Rea. Tn addition to the Board of Estimate, a composed of local, alerted representatH the city's borough divisions, acting with Jlayor. is to pass on all subjects which may come up relative to the- further af charges in the railroad from th? way which is now laid out. as well aa any readjustment "4 terms at the end of twenty-five year in place of the Rapid Transit Commission, which is not responsible to the city's ele-ted Both Connecting Railroad tad the terminal yard in Borongh of Queens are Integral parts of oVa Pennsylvania Railroad system. Work on both is bow in -wH.

enable railroad company to land freight and passengers tn the city of New Tork directly from the car. Local trafTle Is fully dealt It is expected that city will deri-re a substantial increase in the taxable value ajf property by the building of th- Connecting Railroad, and a further advantage wal be gamed by making it possible to connect the Jamaica Bay with railroad system, for connection by rail with the New England points and by transfer float system to the terminate of railroad now on the Jersey shore. The disputed terms in which the railroad raakea concessions, with important additional now stand as follows: The width oi right way over or under any or road now open or tn use or hereafter to be opened acrOM the route of the railroad shall not exceed feet in width. The plans for the proposed and for all passenger stations aiiall be submitted to Mu', nicipal Art Commission for its approval. None of the property of railroad shall In any way be used for advertising purposes.

The deflnit! i of local traffic is to include the carriage of passe.i£prs between any two potnta wlthtr. the present limits of the city of 1 Tora only such transference of r- travelling beyond the limits of the as mar be in the carrying en of the business of various connecting roads. It leaves the question of passenger be settled by Board of Rapid Transit this Board 1 cf Estimate and Apportionment and the Mayor, whenever In the future company Is able to roaJ for such a purpose. Under the of the original contract, however. definition of local traffic would have ar.y of r.ecttnsr roads to have charged auch, as they pleased any point on the road of thtt company and any point on the road of one of oonnc lines within the of the wtth-1 out obtaining the consent of local authorities.

Under the dertnition of Iccal traffic not only question of passenger rates on this road al.r.e. but the "i rates on this when used tn connection wtth other connecti Ing roads wtthtn the city limits. to the local I for adjustment. No raotUacation of any the i or conditions of the contract shall valid unless approved by Board of i and Apportionment and the Mayor of the city I New York. tn addition any alteration wni tl Is to 1 m.ide to any or drainage system on 1 account of construction or operation road is to made at cost of railroad company.

In rasa a dispute artsrs "he ntri-es for such alteration, the matter la to referre.l to Supreme Court for Muaa whtca to be paid to the city as compensation for the are de- I to In addition to all taxes hi order to i avoid any misunderstanding such has arisen in similar cases. approval of the Board and I or Its successors and of the Mayor is required to render effective all readjustments si trrms at end of year Division of any through which a purtion of may nm. us. til- tiual aroitec of tha compeasarioa to i paid..