New York Herald du lieu suivant : New York, New York • 16

16 NEW YORK SURGEONS OPPOSE FEE RULING Johns Hopkins Announcement Generally Regarded as Unjustified. BENEFITS ONLY POOR Surgeons Say That Charges Should Be Based on Ability of Patient to Pay. MAYO CUSTOM FAVORED Others Believe Hospital Decision an Attempt to Advery tise Institution. No arbitrary limit should be set upon the amount that surgeons may charge for an operation. That was the opinion expressed by most New York surgeons who were asked yesterday to comment upon the announcement by the trustees of Johns Hopkins Hospital in Baltimore that $1,000 is the maximum fee any surgeon ought to Charge for an operation, and that $33 a week is sufficient to cover his subsequent visits to the hospital.

It was made known in despatches from Baltimore last night that the trustees' action was taken upon the recommendation of the medical board of the hospital, and it was Intimated by one of the trustees that the ruling came as the result of much talk about, the large fees at Johns Hopkins. Hospital's Charges Low. i "The matter has been exaggerated," he said, "but the repetition of It undoubtedly has done damage to the hospital and given the Impression In many places that Johns Hopkins is a rich man's institution. Our own doctors thought It was time to take action, and the trustees accepted their plans. If DeODle would onlv seek to know nil shout the hospital they would soon find that Its charges are low and that the high fees of Its noted men are rarer than they are supposed to be.

"I don't Know how many members of the medical board were present when these conclusions were reached, but I know they came to us with the board's Indorsement." It was also stated that the ruling makes provision for fees In excess of $1,000 In special cases, which must be submitted for approval to the committee on fees. The announcement nevertheless resulted In a great deal of unfavorable criticism both from physicians In Baltimore and In this city. Only a small group of men. not more than Ave, are said to be offenders at Hopkins in the matter of exorbitant fees. One of these Is said to charge $5,000 for serious operations on persons with Incomes ranging from $500,000 to $1,000,000 a year.

That Is his maximum. It is declared that surgeon has been making at least $260,000 a year. The medical board at Johns Hopkins Includes Dr. Llewellyn Barker, Dr. John M.

T. Finney, Dr. William 8. Halsted. Dr.

Henry M. Hurd, Dr. Thomas S. Cullen, Dr. William G.

McCallum, Dr. Adolf Meyer, Dr. Wlnford M. Smith, Dr. William H.

Welch and Dr. J. Whltrldge Williams. Benefits Only kith. Borne of the New Tork men Interviewed declared they would take their patients to private Institutions for operation and treatment rather than subject themselves to the dictum of a hospital regarding the charge proper for them to make.

Some favorable com ment wag maae upon tne principle practised by the Mayo brother! of Rochester, by which the patient Is asked to pay a fee not exceeding 5 per cent, of his Income. One of the most prominent surgeons In New York, whose reputation Is nations 1, but who would not permit his name to be used, regretted strongly the action taken by the Johns Hopkins trustees. as benefitting only the very rich man. He said he believed the Baltimore Institution acted in the hope of drawing many wealthy patients to Its doors "After the difficulty of the operation Is taken into consideration," he said, "surgeons base their fees upon a man's ability to pay. The establishment of a maximum fee does not make any difference In the case of the poor man, who usually receives treatment for little or nothing.

It makes a big difference in the favor of the wealthy man. but does nothing whatever for the man In average circumstances who is feeling the pinch all along the line." Higher Fees Justified. Dr. Charles H. Peck, vice-president of the New York Academy of MedlSlne, was of the opinion that there are cases In which a bigger fee than 11,000 Is Justified.

"The basis upon which this ruling has been made," he said, "Is, I suppose, the fact that overcharges have been made in the medical profession Just as In other forms of service. There is no reason whatever why Johns Hopkins should not make such a ruling If it pleases to do so, because no surgeons outside that hospital are affected by the diet least not directly. The establishment of professional fees la a very difficult matter to adjust. I think It may be aald that the caeca In which more than $1,000 Is charged are exceptional" Pr. Charlca H.

Chetwood of 25 Park avenue aald: "The charge a surgeon makes for an operation la a matter between him and the patient. I would not permit anybody to Interfere with the fixing of the fee for an operation performed by me. In many oases $1,000 and more Is In every way a charge proportionate to the services rendered. If It la true, as I have heard reported, that (he staff at Johns Hopkins la subsidised by the hospital, then the trustees may be wholly within their rights In fixing a maximum charge." Dr. John Walker of 51 East Fiftieth street was of the opinion that "without question there are cases In which a fee of more than $1,000 la Justified.

So Institution should prescribe charges. That la a matter lying wholly between the doctor and hla patient. An operation which hla life la worth to a very rich man proportionately more than It fa to one not ao rich According to One's Meant. Dr. I.

Russell of 37 East atreet aaid that $1.000 cases were exceptional, and hardly entered Into the ordinary round of practice. "The number of under 1500 are ao greatly In the majority." he declared, "that there la scarcely need for discussion." Dr. F. W. Kellogg, head surgeon at Flower Hospital, said: "I think It Is perfectly ridiculous.

No ona would think of cutting down the fee of a lawyer like that, and doctors quite as Important aa lawyers If a man la worth a million. I or a half million, he would pay a lawyer a fee of four or five thousand dollars without thinking twice. A doctor should be paid according to the means of the patient" "Limiting a surgeon's fee to 11,000 seems to me entirely said Dr. Guilford S. Dudley, acting chief of a "The thing strikes me as an advertising scheme for Johns Hopkins Hospital.

People will hear about it all over the country, and naturally rich people will flock there to have their operations performed. The charge of $35 a week for every patient, no matter how much you call on them seems unreasonable, too. You usually call on a patient twice a day for a couple of weeks, and that reduces it to a matter of $3 or $2.50 a visit. I think the system in use by the Mayo Brothers at their hospital is a reasonable one." "There are advantages and disadvantages to the scheme." said Dr. Gregory Stragnell, editor of the Note York Medical Journal.

"The ruling signifies that the surgeon can't use his Judgment, which Is an insult. If he cannot collect large fees he will be unable to utilise the fees he receives in that way for the treatment of persons who can't pay. Every specialist does a large amount of free work and large fees are necessary to balance. Tendency to State Medicine. "There is a tendency in this toward State medicine.

We would not object to State medicine if the private capitalist were governed by State control ao to the amount of money he could earn. But we are far from capitalists. This Baltimore plan is very communistic. "The trustees of Johns Hopkins probably did this because they wished to pnotect the university and the hospital from the idea that exorbitant fees were charged there. They probably voiced the dictum with the idea of stimulating scientific research, of taking surgery and medicine away from a commercial basis." Dr.

A. J. Barker Savage, superintendent of the Broad Street Hospital, said his institution has for eighteen months been enforcing the rate of $35 a week for attending physicians and a maxim of $1,000 for any operation. He stated that these rates did not originate with Johns Hopkins, but have been spreading over the United States during the last year and a half, although the adoption of them by the Baltimore institution lends them an authority which they did rot possess before. Dr.

Savage called it ridiculous" to charge a man or every time you look inside his room. Dr. W. B. Brlnsmade.

chief of the surgical staff of the Brooklyn Hoslptal, said: "I don't think the trustees of any Institution have the right to put a value or. a man's services. The fee for an operation should be based upon what you do for the patient. Men of exceptional skill have a light to larger fees that the average man." DRUG ARRESTS REPORTED IN 8 DAYS Thirty-five 'Cokeys' and Venders Taken in One Day by Simon's Narcotic Squad. The war of Dr.

Carleton Simon, chief of the police narcotic division, on the "cokeys" and drug: venders continued unabated yesterday, thirty-five prisoners having been brought in up to 9 o'clock last night. Since Tuesday noon 205 arrests have been made. In the jails, before the pangs of drug addiction seised them, the prisoners made merry with the song "Down at the Cokey's Jubilee." which the raiding detectives have discovered is known to practically all addicts. It is a song famed at "cokey" conventions. One of the prisoners gave the name John Gray and said he was a Cheyenne Indian chief.

Dr. Simon said the man's hair and skin appeared to bear out his assertion that he was an Indian, but when the "chief" was pressed to name the tribe he led he became dignified and silent. He was arrested in Clinton street. nranifl in closing Its work, handed up a recommendation to Gov. Miller that the narcotic law be modified so that ditig users might be sent te other Institutions than the penitentiaries so that they might receive treatment.

County Judge MacMahon urged that thle recommendation be made. Mrs. May Brown of S28 East Eighteenth street, who. according to Dr. Simon, Is a member of a prominent family but whose real Identity Is withheld, was arraigned In Essex Market court and charged with selling drugs and with being an addict.

She pleaded guilty was held for trial In Special Sessions Anthony Colluocl. 19 West Eighteenth street who was arrested with her, pleaded not guilty and will be heard again Monday. Nineteen of thirty defendants arraigned in Special Sessions were sent to the workhouse, six to the penitentiary and four were remanded for further Investigation. FOUND IN DRUG DAZE AFTER SHOWING MONEY Lunch Counter Man in Serious Condition. A man who had registered at the Hotel Embassy at Broadway and Seventieth street last Wednesday night as A.

D. Morgan and who said he was a counter man at the Hanover Lunch Company restaurant at Broadway and Seventieth street, was found sitting in a dazed condition on the edge of his bed yesterday afternoon. Dr. Brodsky of Flower Hospital wne summoned and said the man had taken an overdose of veronal. He was taken tp the hospital, where It waa said his condition was serious.

At the hotel last night It was said that Morgan had shown a large sum of money when paying his bllle, and that he had said he would be a guest tnerc but a few days. He was not able yesterday to tell the police or surgeon anything about himself, excepting that he rame from Watertown, N. Y. At the Hanover lunch It whs said that Morgan had been working there about a year and that he had been away for the paet week because of lllnesa 130 AMERICANS HELD WITH GREEKS ON SHIP Liner Casts Anchor Outside Three Mile Limit. Soon after the Greek liner Megall He lis cast anchor yesterday off Ambrue lightship, considerably more than three ml lea from shore, lift American cltlaena on board sent a radio to Rills Island that fairly made the ether siazTe.

The liner dropped her anchor Into the mud with the firm Intention of keeping It there until August 1, next Monday, when her Greek and other nationals barred during July will be permitted to land under the restrictive Immigration law. The 130 Americans, however, on learning this, Immediately formed a committee and framed a message to th-? Immigration authorities demanding that they be landed at oncc. They were still on the Megalt Hellas last night THE CITY IN THEORETICAL RUINS PROM AIR RAID Huge Buildings Laid Low, and City Hall Wrecked by Bombs. FLEET IS WIPED OUT Survivors Flee Stricken Island Seeking Shelter in the Country. rrv irTrrntTTT ci 4 vci cia me ait The attack upon New York was led by Mitchell, who was at the controls of a Ds Havlland plane, with his aid, Capt.

St. Clair Street, acting as his observer. Shooting swiftly around the less rapid bombers and first to fly over the city was a little one man Thomas Morse scout plane. At times this little scout attained a speed of 170 miles an hour, almost three miles a minute. Fly at S.OOO Feet Altitude.

The seventeen bombers, comprising the real strength of the attacking force of the "Red" fleet, followed. First In the line was a huge Capronl, which, as It dealt out Its own projectiles of destruction, wirelessed back to officers crouched in the cockpits of fifteen Martin and one Handley Page bombers the targets which they were to bomb. The officers at the range finders, 8,000 feet above their objectives, released bomb after bomb of 1,100 to 2,000 pounds. Bombs of lesser size. designed not to destroy buildings but people, were dropped In much greater numbers, and their deadly fumes permeated the city streets.

In command of the two bombing squadrons Into which the force of big planes was divided were Major Leo Walton and Major T. J. Hanley. One pursuit group, designed to shoot down defending aircraft, was headed by Capt B. B.

13aucus. In all seventy men took part In the attack, which klllod thousands and destroyed billions in property. The attacking fleet represented a "Red" air raiding force which had es aHHaVtrri a at an nolnt eight miles north of Cape Hatteras. In previous theoretical attacks Norfolk. Richmond, the Newport Newa Navy Yard, the League Island Navy Yard and the city of Washington have been levelled.

On the nights of July 22 and 23 attacks were made successfully on Langley Virginia, where the defending "Blue" force of planes was concentrated. Then followed the attack" on the helpless navy yards and co. cities. The atte on Philadelphia was made yesterday by a force of twenty De Havlland bombing planes. According to Oep Mitchell, the atmospheric conditions yesterday were Ideal for a raid.

At 8.000 feet the aircraft could not be seen well enough to give anti-aircraft gunners a really good mark, while the city was plainly visible to the attackers. After the flrat assault the planes came lower and then roared away to Mitchell Field, where the remnant of the "Blue" force was driven off and the conquerors landed In safety. ROCKAWAY LANDLORD SHOULDERS BURDEN Far Rockaway the prise landlord He la Robert 8. Smith, who has just bought hack a property he had sold at leaaw 'Via nan- ewnava from the rente. Mr.

8mlth bouitht the Wlllett Block, it Mott and Central avenuen. Far Rockaway. late In the winter, for a little over 1100,000. Two months later he sold It for 1200,000 to the Restaurant of Manhattan Corporation. The new owner immediately announced a rent Increase.

Mr. Sfnlth tried to persuade them to withdraw It end finally offered to buy hack the property at the price he irot and pey the expenses of transfer This offer was accepted. The property Is back in Mr. Smith's hands how, and the old rent scale JlliVjJlJCiijXJ iSiiXO ow R-eport of Attack on Metropolis by Bombing Planes Gives 'Reds' Big Victory. The sun rose to-day on a city whose tallest tower lay scattered in crumbled bits of stone across City Hall Park and around the ruined beauty of the old City Hall.

The ugly Federal Building huddled in shambles. A little further south a desert of stone lay where formerly the graceful skyscrapers of the financial district had reared their tops. The largest liners in the world, hideous hunks of twisted metal, showed most of their superstructure above the water as they lay beside clusters of sceci ana wooa wmcn once nad Deen piers. Bridges did not exist. Everywhere that an Important public or private building had stood was desolation.

The sun saw. when Its light penetrated the ruined city, hordes of people on foot working their way slowly and painfully up the island. A few started with automobiles. but the masses of stone buildings barricading the avenues soon halted their vehicles. Rich and poor alike, welded together In a real democracy of misery, headed northward.

They carried babies. Jewel cases, bits of furniture, bags. Joints of meat and canned goods made into rough packs. Atlantic Fleet Helpless. Always they looked fearfully upward at the sky, save when their shuddering gaie dropped for a moment to bodies which lay, like revellers overcome, in grotesque attitudes of stillness, thick about the city.

Few bodies showed marks of violence, the majority had died (wituy or poison gas. wnat otner tnousands of bodies lay concealed under the stone ruins the tolling refugees seemingly cared not. Their business was the grim one of self-preservation, and they staggered northward, each for himself, toward the narrower waters where they might possibly cross by boat or raft to the comparative safety of the country. Similar scenes were being enacted in smaller magnitude at Philadelphia and Norfolk. The Atlantic fleet, which should have prevented the catastrophe, was itself nothing but a few bits of metal projecting above the restless heave of the ocean, with here and there a bit of wreckage which had floated clear bearing a few surviving "gobs." This Is the picture painted by William Mitchell, second In command of the Air Service, and other officers who took part yesterday in the theoretical air raid on the city in the largest bombing machines and swlftost Scouts of the service.

It was an attack which drew thousands of spectators to all the open spaces of the city shortly after noon and kept them straining their necks upward to where the fleet destroyers rained theoretical tons of dynamite, TNT and deadly gas bombs on NEW YORK HERALD, YOUNG ADVENTURESS I GETS ANOTHER CHANCE A V) Ji twww vr? Vbat ion for Three Years. Anna Sly. 16, of 664 Morgan avenue, Brooklyn, who pleaded guilty Monday to grand larceny in the second degree, was -i given another chance yesterday when Judge Alfred J. Talley In General Sessions suspended sentence and placed her on probation for three yeara Judge Talley told the girl that, though she had a record which would be more fitting (or an adventuress three times her age. she still was young enough to change her way of living.

He advised her to go home at night and stay away from croois. "You are the type of girl," he said, 1 "I believe, who can make a pleasant future for herself if given the opportunity. You never committed a crime until in dire want, and then you did it for the man with whom you were associated." BANDITS ARE FOILED 1 IN BIG SILK THEFT Policemen Capture. Three Men Who Tied Up Truck's Crew and Drove Away. The three men of the crew of an automobile truck loaded with bilk belonging to the Silk Finishing Company of America, 480 East 185th street, The Bronx, were held up by three men armed with revolvers yesterday morning at 142d btreet and Willis avenue.

The Bronx. The truck's crew were forced Into tho closed part of the truck, where they were bound with rope taken from the bolts of silk. Three men who gave their names later as Ernest Regenstourg of 442 Webt Fortieth street, Benedict Regensburg of 1 320 West Thirty-fourth street and Ed- i ward Murray of Mills Hotel ivo. drove the truck to 138th street and Third avenue. The Bronx, where they were overtaken by Patrolmen Christian Lammrich and James McGarr of Traffic and Fireman John R.

Shelton of Engine Company 41. The policemen compelled the trio to drive to the Alexander avenue station, where they were arrested. The driver of the truck was W. PrleSb of 493 East 142d street. The Bronx, and with him on the machine were his seventeen-year-old son, Raymond, and George Klein of 508 Brook avenue.

The Bronx. The truck contained SEO large rolls of silk and several 1 cases. Fireman Shelton saw the three men Jump onto the running board and 1 told the policemen, who obtained an automobile and started In pursuit. GIFTS TO MME. CURIE AMOUNT TO $162,000 Women Have $60,000 Left; Trust Fund Is Planned.

Gifts from American women to Mme. 1 Marie Curie, codlscoverer of radium, on her recent visit here represent a total of $162,000. It was announced yesterday by 1 the Marie Curie Radium Fund. This 1 committee undertook to raise $100,000 4 with which to one gram of radium to present to the French scien- ttst 1 Mme. Curie returned to France with 1 a gram of this element.

$22,000 worth of mesothorium and other costly ores. In addition she received from scientific 4 societies awards amounting In cash to I $6,884.51. There Is a balance of $60,000 in the Equitable Trust Company, which is being held by the committee awaiting a decision regarding what shall be done with it. There is also being collected a $50,000 fund for equipment for Mme. Curie's laboratory.

5 It has been suggested to the committee that when this special fund Is raised by the man who offered to collect it the committee establish a trust fund with the $60,000 to provide Mme. Curie with an Income for the rest of her life. It has been proposed that in case or ner death the Income from this trust be used to pay the expenses of two American students In chemistry and physics at the Sorbonne. CHORUS GIRL FIGURES IN WIFE'S COMPLAINT Harry Thomey Martin No Answer. No answer was entered yesterday by Harry Thorney Martin, landscape architect.

of 17 East Fortieth street, to a motion for alimony made by Mrs Ethel Edna Martin, who la suing for a divorce. She alleges they lived happily from the time of their marriage, on August 28. 1912, In tha "Little Church Around the Corner," until 1919, when her husband i suddenly became a heavy drinker. She says several times he came home late and Intoxicated, brought his taxi chauffeur Into their home and asked her to entertain him. One night, her counsel told Supreme Court Justice Martin, she had to help her i husband undress himself and she noticed perfumery about him.

From then on, her complaint states, Mr. Martin made no secret of his escapades with cabaret performers, and since last December has 1 lived with a chorus girl In an apartment 1 In West Ninety-fifth street She says he earns $5,000 a year, and she asks a reasonable sum for alimony and counsel fees. Justice Martin reserved decision. MASTER FILES REPORT FOR GAS COMPANIES Asks Authority to Increase I Rates to Meet Costs. Final reports In the rate Injunction suits brought by the Standard Gaa Light i ui ntw lorn, inn Dili mvsr Gse Company of Long Island, the New Amsterdam Gas Company and the New York Mutual Gas Light Company against the State Attorney-Oeneral were filed yeaterday In the United States District Court by A.

S. Gilbert, special master. He asked that the plaintiff companies be granted authority to Increase rates because It costs more to produce gas 1 than the State allows them to ohargs for It. He declared that It now costs about $1.27 a thousand cubic feet to make and distribute gas. whereas It only cost 82 cents In 11119.

SITE. Comptroller Suggests Another Owned by City. Comptroller Charles L. Craig sent yesterday to tho Board of Estimate a communication protesting against the selection by Henry H. Curran, President of the Borough of Manhattan, of a site for a public bath In 184th street, between Fifth and Lenox avenues.

The Comptroller said the city would have to buy the property at fSO.OOO, while at 140th street and Fifth avenue there a rlty owned of larger proportions. He concpderl, however, that the city's title Is not yet clearly esetabllshed. The communication was referrsd to the committee of the whole. SATURDAY, JULY 30, ii SLUSH TO TALK WAS $100,000 Detective Devanney Admits Helping Hire Lobbyist to Push Albany Measure. LI7SK WANTED CREDIT 2 Witness Says Senator Had I Gubernatorial Bee in His Needed, SILVER SERVICE INQUIRY Senator's Gift Giving Charge to Be Urged for Investigation by Legislature.

Detectives who went to Albany last spring to lobby for the bill which proposed to give life tenure In office and sig increase in to them heard -eports that the slush fund available support the measure was $100,000. was this bill which Senator Dusk pushed through under his own name uid in gratitude for which services detectives presented to Mrs. Dusk $1,147 chest of sliver. Bernard J. Devanney, member of the Detectives' Endowment Association, vho helped to engage John Kleist to obby for the bill, testified yesterday sefore David Hlrshfleld, Commissioner i Accounts, that he several times 1 leard the "talk" that the slush fund imounted to $100,000.

Devanney and Detective Thomas H. Conkimg were i eplaced as the association's representative In Albany as the result of a 'actional fight. In that organization. i how he accounted for the report the big fund. Devanney said: "My belief was that it was propaganda to scare Senator Smith away Trom the bill so he would drop It and could be given to Senator Lusk to Jrlng up." Gubernatorial Dee In the Air.

Senator Smith of Richmond has testl. led he did refuse to have anything to lo with the bill after he heard the "sugar lalk." "I understood that Lusk had the gubernatorial bee In his bonnet, and Detectives Brown and Gegan, who got lim to introduce the bill, wanted him to lave all the credit for it, because it vould mean a lot of votes." Senator Lusk has insisted that he took jp the bill purely as an act of friendship 'or Detectives Gegan and Brown because the good work the detectives did for he Lusk committee which Investigated edition. eaU ha tin any such fund and that he did not enow what the association was doing lurther than that It was understood all expenses would be met by assessment on nembera The trouble which started the bill, he said, ani which led to lis being ordered out of Albany was hat Lusk wanted all the credit for through the bill. Assemblyman Judson of Rochester vaa presont at a meeting In the West Sixty-eighth street station house, at vhlch It was agreed to employ Kletst lobby for the bill, Devanney testifled. Lnilc Spurned Uniformed Cops.

Lieut Courteney testified that he went Albany as representative of the Civil Service employees and the uniformed po- Ice to oppose the detectives' bill. When te explained to Senator Lusk the Injustice the -bill would do the police, the vitness said the Senator answered: "Boys. I don't see what I can do for rou. There are two detectives, Gegan ind Brown, whose services I greatly ippreclate, and I want to do something 'or them." The witness aald he was denied a learlng on the bill. Mr.

Hlrslhfleld will -ontlnue hla Investigation Into this subect on Monday next. It is expected that aa a result of the controversy growing out of the passage it this bill, the Legislature will be requested, when It convenes next January. to make an Investigation with reference to Senator Luak'a charge hat It la common practice for Senatora und Assemblymen to receive valuable sifts for their services to groups of rltixens. Several members of the Legls- I isture have stated they wouM Join In making the demand for such an lnaulry, but In any event no atep can be aken before next January. MEYER INVESTIGATOR FACES FRAUD CHARGE I Sol Ullman and Two Held in Income Tax Case.

A Federal Indictment, charging conspiracy to defraud the Government of Income taxes, was returned yesterday against Assemblyman Sol Ullman, Republican member of the Meyer Investigating Committee: Emanuel Friedman sf 51 Chambers street: Harry Levy. Internal Revenue agent, and Justus Frank, el end Meyer Saal. public accountants. with an office at 725 Broadway. Thla action la the result of the arrest of the five men on July 15.

They are at liberty on ball and will be called upon to appear In court next week to plead to the Indictments. According to Information gathered by WllVlam Hay ward. United States Attorney, the men conspired to obtain IS.500 from the Arthe, Levy Bernherd Company of 17 Union square by representing that they could file for the edhipany an Income return that would cut down the amount of tax to be paid. CRAIG CONTEMPT CASE REOPENED BY MARSHAL Asserted Judge Manton Had No Jurisdiction. Comptroller Charles L.

Craig waa confronted again yesterday with the poeslhllltyof serving the sixty Jail sentence for contempt Imposed upon him laet spring by Judge Julius M. Meyer of the Federal District Court Mr Craig escaped the sentence then by obtaining a writ of habeas corpus and a decision dismissing the contempt ehargee from Judge Martl-i T. Manton of the United States Circuit Court of Appeals. Thomas D. McCarthy, United States Marshal for the Southern District of New York, filed a petition yesterday for a writ of certiorari to have the case reviewed In the Circuit Court of Appeals.

The basis of his application states that Judge Manton wm without power or Jurisdiction to sign or grant the writ of habeas corpus. The Comptroller was served with an order to show cause before the Circuit Court of Appeals on October 3 whv the writ of certiorari should not bt lasued. rf 192T. GREENWICH N1 MAGISTRATE Arbiter of Jefferson Marke Peel Off His Court the Tank A. protest against the racket made by Greenwich Village young men and naldena while dlaoortina In the ewlm nlng tank built at the fire engine houoe Eighth street found no welcoming espouse yesterday when addressed to da gi? Irate Max S.

Levino in Je'twaon ttiiket court. The Magistrate sail he'd Ike nothing better at that particular noment than to. doff his court garb and 'duck over" In that same tank. "Somebody Is trying to tike he joy out of life," he said, "ff that ank as carried right into this court (DRY PRAISES DYLAN FOR ROM LAW WORK Enright Included in Report on Activity of Police and Decision on Searching. Praise for Mayor Hylan and Police Commissioner Enright In their enforcement of the State liquor law was Included in the presentment handed up Yesterday by the July Grand July for King's county upon Its discharge by Fudge MacMahon.

"We desire to compliment Mayor rohn F. Hylan," the presentment stated, 'on his timely note to Commissioner Richard E. Enright on police conduct inder the Mullan-Qage prohibition law, which he stated that any officer who, without a proper search warrant, iearches any bag of a private citizen, any private residence, such officer ihall be placed on trial and If found shall be properly punished. 1 "We compliment Commissioner Enright on the efficiency and skill which letectives, patrolmen and matrons principally have shown In the performance of their duties In cases presented to us by them." The Grand Jury aoted on 630 cases. 162 of which were alleged violations )f the State liquor law.

A young Greek, known to the police is James Williams, was arraigned before Judge William- Sheppard the Federal Court on an indictment him with participation In a with Leo Lindner, a former In the State prohibition director's jfflce. The indictment, which was returned last April, charged the men with operating by means of forged permits through which liquor worth hundreds of thousands of dollars was withdrawn from bond and given to iealers to sell. Williams disappeared before the filing sf the indictment, and was traced to Philadelphia by Agent Seib of Hugh McQuillan's special intelligence unit. He hnd been living in Brooklyn, with office at 570 Fulton street. As many forged withdrawal papers were found Philadelphia, Williams was arraigned there Thursday and held in 15,000 ball.

Seib then brought him to New York to plead to the Indictment here. His bond was fixed at $10,000. HELD ON FRAUD CHARGE AFTER BANKRUPTCY W. S. Kreiner Accused of Illegal Use of Mails.

Charged In a Federal Indictment with using the mails to defraud. William S. Kreiner, president of the Kayansee tValst and Dross Company of 20 West Thirty-third street, was arraigned yesterday before United States Commissioner Samuel M. Hitchcock and held in 110.000 bath The indictment Is the result of an investigation conducted by Maxwell S. Mattuek, Assistant United States Attorney.

into the affairs of the company, which was thrown into bankruptcy last February. It is charged that Kreiner. In Januaray, mailed a financial statement to the Bank of Manhattan and other creditors, in which he stated the concern during 1920 had transacted a business of 12.562.000, that Its surplus amounted to $366,763 and Its net assets were $221,334. This statement was false, the Indictment charges. In the bankruptcy petition it was stated the com pany's liabilities exceeded Its assets by 130,000.

WINE YEARS AND $9,000 FINE FOR DEFAULTER A. J. Farrell, Teller, Sentenced by Judge Garvin. Alfred J. Farrell, former paying teller of the New Utrecht branch of the Irving National Bank, who pleaded guilty to stealing bank funds which he Invested In a bootlegging conspiracy, was senfenced yesterday by Judge Edwin L.

Oarvin In the United States District Court in Brooklyn to serve nine years in prison and to pay a fine of 19.000. In passing sentence Judge Garvin, said: "Tou have betrayed an Important trust and your defalcations mounted to between $120,000 and The court given you every opportunity to furnish Information as to what disposition you made of the money or who has been in league with you. but you have refused to aid the Government. I that I cannot Impose a longer sentence." CRUSADERDROPS OUT AFTER ACCUSING GIRLS Legion Official Fails to Appear in Court. Richard T.

Bell of 1519 Madison avenue. who has been arresting young women solicitors for the Timely Service Society, an organisation aiding unemployed. failed yesterday to appear In Torkvllle Court to press charges against Marcia Phillips of Fifty-sixth street. Brooklyn. and Maria Wendall, III Weat Fifty-first street, whom he arrested personally Thursday at Fifth avenue and Fifty-first street.

The cases were adjourned until Monday. when William O'Shaughneasy. Asslstant District Attorney, said he would try to Bell, who is an American official, In court by subpoena. Bell failed to appear last week after making charges against two women solicitors. Marry Mesaervy, an official of the society, told Magistrate Ryttenbtrg it was a perfectly legitimate organization.

HONOR FOR GEN. BADOOLIO. Rosebank, Ktaten Island, will be the scene of a great Italian demonstration to-morrow when the Order of the Sons of Italy will tender a reception to Gen. Pletro Badogllo. hero of the Wave.

The reception will start at 5 P. M. In the "Pantheon of Garibaldi," where 81,000 Italians gathered to welcome the Prince of Undine on Ma visit during the war. fMPHS WIN E'S APPROVAL Says He Would Like to iarb and Dive Into Himself. room I wouldn't object a bit, and It nil neighborhood trotted In hero 1th bathing suits and made a respectable appearance I don't believe It would upset the dignity of this tribunal.

Not much. Believe me, I'd like to trot into that water myself right now." However, the citlsen thus addressed who did not remain long enough after this rebuke to identify himself, snsrpod out: "When New York courts are held with Magistrates and witnesses In bathing suits I'll leave Greenwich Village." At which the Magistrate only grinned. F. J. GOULD DIVORCE RECOGNIZED HERE Justice Eules French Decree Stays Action of Edith Kelly Gould.

Frank J. Gould became free to wed again yesterday when Supreme Court Justice Mullan handed down a decision upholding his demurrer to a divorce action brought against him here by Edith Kelly Gould, his second wife, whom he divorced In Paris in 1919. Despatches from Paris last May said Mr. Gould was engaged to Florence Lascaz, a noted beauty of that city. Mr.

Gould's demurrer protested that Mrs. Gould had no cause of action against him here, as she had submitted to the Jurisdiction of the French courts in entering a defence to his action in Paris, and under the French decision was no longer his wife, and therefore not entitled to relief here either in her divorce action or In a separation action whioh she began at the same time. "This State, in the absence of binding precedent In respect of the comity doctrine, Is wholly free to give effect to the French decree or to treat It as a nullity," Justice Mullan says in his opinion. "There Is admittedly no room here for a suspicion of a fraudulent resort to the French courts. Except In the most technical of senses, the parties were permanently domiciled In France.

The defendant husband, to every real and substantial intent and purpose, had become a permanent Inhabitant of France. The plaintiff had misconduct In Conner invuiuum Makes Complaint. The Rev. James Barnes Deojay. pastor of Christ Church In Marlnere Harbor, Staten Island, and his son, Leon, who Is a chauffeur, are out on ball of $1,000.

awaiting examination next Tuesday on charges of felonious assault brought by John Stanisana Union avenue. Mariners Harbor, formerly a Methodist minister, but now employed as a cleric in the office of the Baltimore and Ohio Railroad Company. Rtanlsena appeared at the police station In West New Brigthon last Wednesday night, his face covered with bandages, and he told the police that he had been beaten by Deojay and his son when he went to the minister's home to get his six-year-old daughter, who had been boarding at tlie Deojay house. The preacher and his son were arrested and spent the night In Jail In court Thursday morning stanisana did not explain the fully and Magistrate Croak, tn the Stapleton police court, released the minister and his son on ball. Neither of them would make a statement last night.

The DeoJays denied that' they had been arrested. but the records of the police station and of the Magistrate's court show that they were TRUCK DRIVER KILLED; 2 HURT Brakes Fntl to Work on Grade From Palisades to An automobile truck carrying three tons of machinery got out of control Just after starting down from the Palisades.to the Bdgcwater ferry yesterday. Unable to make the brakes hold. William Etter of 610 Blum street. Union Hill, managed to keep the truck In the road, taking the curves safely, hut at the bottom of the hill the speed was so great that Etter feared to turn.

The truck crashed Into a telegraph pole, snapping It off. Etter was killed, his rkull and neck being fractured. Jacob Ette.r, owner of the truck, and Arthur Lauka. 410 Fulton street Union Hill, were thrown out and received minor cuts. France.

The defendant, on that ground, Invoked the laws of the country in which they were living. The plaintiff had a complete right to ckiend her husband's suit and she availed of it and took advantage of all the resources afforded by the French procedure. The issue was tried upon the merits, she had her full day in court. What reason is there that Our courts, charged with the guardianship ofr the State's sovereignty, should deny extra territorial competency to a decree obtained in such circumstances? I see none, and on the other hand I see every reason why the French decree should be given effect here. I think the question should be 'Why should not the State reoognlze the rather than 'Why should it recognizer the decree?" Frank J.

Gould is 43 years old, the son of Jay Gould. His first wife was Miss Helen Margaret Kelly, whom he married In 1901 and who divorced him in 1909. A year later he married Edith Kelly, no relation to his former wife, and secured the divorce from her in France in 1919. PRISONERS IN BATTLE JUST BEFORE SENTENCE One Thought the Other Had Told Damaging Story. Judge Holmes in the United States District Court yesterday sentenced Rubin Norkin.

570 Southern Boulevard, The Bronx, to six months in the Essex county Jail in New Jersey for the theft of woollens from an interstate freight train- Sidney Tigar of 987 Trlfilty ave. nue. The Bronx, who pleaded guilty to being implicated in the robbery, was fined $300. Besides the fine which was Imposed by the court Tigar received a black eye from his former partner when tlicy engaged in a fight while entering the court room. It was said that on the day that Norkin was found guilty he made statements which implicated Tigar to Garrett W.

Cotter, Assistant United States Attorney. This caused enmity between the two men, it is said. Norkin was being taken into court by United States deputies when Tigar confronted him and, according to witnesses, made a movement to attack him. Norkin was too quick, and as he approached struck Tigar, knocking him unconscious, it took some time to restore him. PREACHER AND SON ACCUSED OF ASSAULT HEAT DRIVES WOMAN INSANE; ONE DEATH Six Prostrations and hauh i vi T) fmt uiuniuugo iicpuiicu Course of Day.

HUMIDITY VERY HIGH Showers Do Not Relieve the Situation Very Much; Gloomy PRESIDENT APPEALED TO Pastor Asks Harding to Permit Soldiers to Keep Their Coats Unbuttoned. Old General Humidity assumed com- mand of the weather forces yesterday, making the day decidedly uncomfortable, though the thermometer rose to no such heights as on Thursday. The air was from two-thirds to throe- quarters saturated with moisture all day long, and even the showers toward evening did not relieve the situation greatly. The day's high temperature was 84, with humidity at 68. There is little relief In sight.

To-day will be about the same. One death from the heat, six twos. tratlons. one woman driven insane and five drownings were yesterday's casualty list. A protest against keeping soldiers' coats buttoned in such weather was sent to President Harding yesterday "by the Rev.

James H. Lockwood, pastor of the South Third Street Methodist Episcopal Church, Brooklyn, who declared the health and efficiency of men should not be sacrificed to satisfy the "absurd and rigid exactions of some military martinet I who is a stickler for discipline." His telegram read: "Before goir.g on your well earned vacation will you not as head of our army, direct that during these sizzling' days the soldiers may wear their coats unbuttoned and even remove them. Navy men have uniforms much eooler. especially about the nock. "American people do not care to have their soldiers suffer the tortures of these closely buttoned, nonporous, stifling uniforms.

Am sure this will appeal to your well known desire to do kind deeds." Samuel Atlas. 38, of 27 Rutgers street was overcome by the heat at 250 Canal street and died before the arrival of an ambulance. Charles G. Minnan, 20, of 73 West 108th street, drowned In the North River off 102d street. His body was not recovered.

William Yates. 10, of Wave Crest avenue. Far Rockaway. was drowned while bathing. His body was not recovered.

Harry Fuller. SB. of 183 Reach 128d street, Rockaway Beach, was drowned at the foot of that street and the body was not recovered. The body of Michael Lucas. 20.

of 155 East avenue. Long Island City, was found in the East River. It is supposed he was drowned while bathing. Louis 'McCue. 15.

of 514 East Twenty- sixth street, died of a broken neck in St. Joseph's Hospital, that city, received when he dived into Greenwood Lake, where he was attending a Boy Scout camp. Mrs. Phllomena Zirpo. 72.

of 214 OM Ridge road, Dutch Kills, Long Island City, was taken to Kings County Hop. pltal for observation when she was discovered running about her home brandishing an axe and a crucifix. It was believed she had been erased temporarily by the heat Those prostrated who were taken to hospitals yesterday were Mary Storm, 34. of 218 East Eighty-second street, and Edna Eiterle, 18, of 148 Clark street. Jersey City.

CAMBRIDGE STUDENT HERE WITH SIXPENCE Comes in Steerage to See Father in Tampa. Without oven the proverbial shilling In his pocket, Vernon Edgerton Rolland Blunt of Trinity College, Cambridge, arrived In the United States yesterday. Mr. Blunt, who Is 22 years old. made a landing from the Paelflc liner Ebra.

In from London, but hla landing wu upon Ellis Island. The adventurous young man. who said he did have a sixpence. arrived as a steerage passenger, carrying with him a letter from tha Chief Justice of England, which dealt with his ability as a student. At Trinity young Blunt edits the college paper.

Qrania, and Is president of both tha college debating and the college law society. He explained yesterday that he was here to see his father. H. M. Blunt, of Tampa.

El whom he has not seen for thirteen years, and also to look up tin uncle at Cos Cob, Conn. PLEAS OF NOT GUILTY ENTERED BY SCALPERS Charged With Failure to File Their Monthly Ten ticket speculators against whom Informations were filed by John R. Joyce, Assistant United States Attorney, charging them with failing to file with the Collector of Internal Revenue monthtly reports of their buainees. appeared yesterday before Judge WUllara B. Sheppard and entered pleas of not guilty.

They were given until August 8 to demur or take any other action i thsy consider proper for their dsfenos. i Those who pleaded were David War- 11 field. Equity Ticket Office, Arthur Lemmon, doing business ss the General Ticket Company; Leo Newman, HeroM S. Brown, the Jacobs Opera and Theatre Ticket Office. Louie Cohen.

Edward, i A a ksa 0 as TloLst Office and the Arrow Ticket Offloe. $1 APPRbPRIATEeFOR CONEY BOARDWALK. Island Realty Owners Cheer as Board Takes Action. The Board of fJatlmata yesterday thorlxed an appropriation of for the construction of the proposed mu? nlclpsl boardwalk at Coney Island. Property owners attending the meeting cheered the action.

Edward Relgelmann, President of the Borough of Brooklyn, announced that contracts would be let by October 1, and that the work would bo completed by next summer. The boardwalk will extend from the I easterly line of Ocean Parkway ta the easterly line of West Thirty-seventh street. The cost of the work will be divided between the city at large and i the owners of the property benefitted. A per rent of the cost being the s'lare. 1.