The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

THE BEOOKLYN DAILY EAG IiE EDjvESJJAT, DECEMBER 1, 1897. Monday night by the Swayne Brookfleld or AGAINST CAULDWELL. APPLETOM CHANCES GOOD. MABEL WEDS II INDIAN. HEW YORK'S NEW LIBRARY, Hew Bridge Commissioners' Antioi patory Measure and the question of a permanent Injunction settled, so far as argument is concerned before ttie second hearing occurs.

Basis of the Applications. In both actions section 73 of the new charter Is pointed to as preventing the Board of Aldermen from granting such a franchise as is covered by the resolution as was passed at the last meeting. This section reads: After the approval of this act no franchise or right to use the streets, avenues, parkways or highways of the city shall he granted by the Municipal Assembly to any person or corporation for a longer period than twenty five years. This is taken as practically forbidding the gra'tntag of the franchise by law, and the contention that ho new charter does not go into effect upon this or any act ot the Common Council or Mayor or any officer until after January 1. is answered by quoting section 1,611, which says: IVr the purpose of determining the effect of this act upon other acts and the effect of other acts upon this act, this act shn.ll, except as In tills section 1b otherwise provided, be deemed to hare teen enacted on the firs': day of January, ift the year 1SHS.

This act shall take effect on the first day of January. lSyS; provided, however, that wtoere by Che terms of t'hls a ct an election la provided or required to be held or other act done or forbidden prior to January 1. 1S9S, then as to such election and such acts, this act shall take effect from and after Its passage, and tfhall be enforced immediately, anything in this chapter or act to the contrary, notwithstanding. It is said that this section absolutely covers the matter when read in conjunction with Section 73, and the Board of Aldermen simply lost time in passing a resolution which could not be valid even with the Mayor's approval. Lawyers discussing the case this morning laughed at the anxiety of the men who applied for the injunctions and fell over each other to get there first, when, if this section be construed as has been pointed cut, no such proceeding was necessary.

What Is the Municipal Assembly. On the other hand it was said by a prominent meber of the bar this morning that just what "municipal assembly" meant In section 73 had not yet been decided. Upon that hung the whole case, for there is no authority which says that it means the Brooklyn Board of Aldermen, the officials of Richmond Borough or the town councils of any of the country villages included in the Greater New York consolidation. He believes, therefore, that there are reasons for argument in the matter and the injunctions may serve a good purpose in the defining of this point, the one ganization and by tho Plaza Kepumican omu give sufficient evidence of the truth of this statement. The former organization, which met at Lyric Hall, with representatives from twenty seven assembly districts out of thirty five, resolved to extend an invitation to Republicans in each assembly district to delegate to five men power to meet Friday night and confer upon a plan for the formation of an organization which will secure "the confidence and respect of every true Republican.

The Plaza Republican Club, which met the same night, last night, through its committee on public address appointed Monday evening, took 'almost identical action in it3 Issuance of the following preamble and resolution Whereas, The existing Republican organization of the City and Coun'ty of New York has forfeited the confidence of and has ceased to be representative of the Republican voters In this city, as evidenced by the vote at the last election: and Whereas, Most of the election district associations of the existing Republican organization became, by virtue of Article 38 of Its own constitution, disqualified from representation In any convention and Wholty dissolved because of the fact that the in such districts exceeded thf number of votes cast at the last election tor the Republican candidate for Judge of the Court of Appeals: and Whereas, The county committee has recently, refused by a practically unanimous vote to correct the rolls, and as the result of such refusal the basis of representation at the coming primaries must be taken from said rolls: and, Whereas, Said rolls are to a large extent notoriously fraudulent and the county committee has Ignored specific charges of fraud therein and has persistently endeavored to guard such rolls from the scrutiny of all Republicans, save its own members only, and those in accord with them; therefore, It Resolved, That it Is the sense and Judgment of this conference that, under existing conditions, the only solution of the situation Is the formation of an entirely new Republican organization In the City and County of New York. The activity of ttie anti medium forces has already produced a decided impression upon President Quigg, who came out last night with a new plan for harmony. This plan, as announced by him, provides for no change in the coming primaries which are to be conducted on the old enrollment, but It offers ground for a conference in January between the machine and the oppositoin bodies, through a committee of each which shall have power to confer and appoint two other committees eitCier of themselves or outsiders, which are to revise the constitution of the county committee and conduct a new enrollment. President Quigg's favorite plan for harmony is through the naming of conference committees which will haggle wi'Jh each other and eventually compromise on all disputed points. TCie anti Platt men to day are not discussing this new pledged plan in detail, but they are unanimous In their declarations that the essential thing is the utter obliteration of the fraudulent enrollment.

That must be the basis of any harmonious action looking toward the reunification of the party. SC0KED THE ATTORNEY. Decision Handed Down by Justice Gaynor This Morning in the Case of Greene Vs. Taylor. Justice Gaynor handed down a decision this morning in the matter of an application by H.

B. Kinghorn for Edward Greene to compel Lawyer James A. Taylor of 189 Montague street, to pay over money: "It Is conduct of attorneys like that here disclosed which brings reproach upon the legal profession and the administration of justice. The petitioner intrusted to this attorney for collection a commercial claim for $1,761.46 for goods sold. The attorney hav ing begun an action for its collection, the debtor made no contest, but settled it in full, on June 20, 1893, by paying the attorney $261.46 by check, and giving him his promissory note for $1,500, payable to the order of the said attorney in sixty days.

The note not having been paid when it came due, the attorney brought an action upon it, entered judgment without opposition on December 8, 1893, and issued execution. The sheriff col lected the amount upon the execution on January 30, 1894, and on the same day drew his check to the order of the said attorney for the amount, $1,562.40, and sent it to him. "Though the attorney had thus collected the claim in full by the said check of the debtor for $201.46 of June 20, 1893, and the said check of the Sheriff for $1,562.40 of January 30, 1894, he thereafter wrote to the petitioner a series of false letters concealing such collection, On March 20, 1894, he wrote, in answer to loiters from the petitioner, that he had obtained a Judgment; that he had execution thereon in the hands of the Sheriff; that he had got an order for the examination of the judgment debtor; that he would have to take payment by installments; that the claim had been reduced by a compromise. He incloses a check for $1,000 and says he expects to get the balance in a few weeks. On March 31 he wrote the petitioner, in answer to' a letter from him, that the reason why the Judgment was for only $1,500 and interest and costs, and not for the full claim, was because the claim had been compromised at $1,500 and a note taken for that amount; whereas there had no reduction whatever, having been paid in cash when the note for $1,500 was given, which made up the full amount of the claim, $1,761.46.

"Here was an attempt to conceal the collection of the said $261.46, which had been retained. He also again asserts in this letter that the Judgment has not been paid in full, and that he is having a hard time to collect it. On July 27 he wrote that he was doing his best, but had not yet collected the money. On September 17 he wrote that he had not collected It and was going to re Issue execution to the sheriff and try to force a settlement. "The affidavit of the attorney submitted upon this application helps him none.

Indeed, it Is quite as false as his letters. A young attorney should not keep over night moneys collected for a client. "Let an order be entered that he pay over the amount with interest within ten days, less his' compensation, and bo committed In default thereof. For such cases a commission of 5 per cent, is ample compensation, but let $100 be allowed here as the petitioner consents to it." FALLON SOLE WARDEN. Commissioner Wright Obeys the Mandate of the Courts.

Commissioner of Correction Robert Wright in New York to day sent the follow ing letter to John J. Fallon, who was recently reinstated as warden of the city prison: New York, December 3, 2897. To J. J. Fallon.

"Warden of the City Prison: Dear Sir The order heretofore issued on October 31. 1SH6. w'liereby two wardens of the City Prison weiv assigned, one for nlglvt duty and one for day duty. Is hereby recalled. One of the two posl'li'ins nf warden of the City of Prison Is hereby abollshe In accordance with the de cision of the Appellate Division of the Supreme court rendered in tne etiiie or tne reopie ex re.

Fallon aftainst Wrlitht. November 14. 1897. Here after there will be but one warden of the city prison to have control as warden over the same prison at all hours of the day and nlpht. The position of day warden ol tne prison ly nereoy vacatfd.

The deputy warden Klmll be on fluty from 7 P. M. to 7 A. M. and to perform duties under the direction and control of the warden; Buch duties as the warden may designate.

You, now warden of the City Prison assigned to nlirht duty. aTv hereby assigned to duty as sole warden of the City Prison, with a salary of y.iw per wear. Kdward O'Shea. now of the City Prison. a.c slffnetl to duty, such position belnff abolished.

is hereby assigned to the position heretofore ht ld Dy as deputy vvaruen, wun a salary 01 w.uiw. Tills order Is to take offect Immediately. ROBERT J. WRIGHT. Commissioner of the Department of Public Corrections.

Shortly after the appointment of Wright by tho present administration the olilce of night and day wardens were created. A man named Van De Carr was app Intd to take the place of Fallon, who was discharged Fallon brought the ease to the courts and the Appellate Court decided In his favor, also, at the same time, declaring against the double offices. The Appellate Court also fined the commissioner $50 for not reinstating Fallon. AN ALIBI HIS DEFENSE. When Martin Hargan of 80 Amity street woke up on Monday morning last he found in his room a harmonica belonging to Pat rick Carney, IS years old, who lives in the rear house of the same number.

He also dls covered that his dress coat, a clock, a gold riug, In al valued at $40, were missing from the room. A frienu toiu Hargan that he saw the coat and ring in Carney's possession and the latter was arrested. When arraigned in the Butler street court this morning Carney pleaded net guilty and. said that he could prove an alibi, as Hargan in his complaint': swears tnat tne property was stolen. Detween 12 and 1 clock Monday, morning.

Justice Andrews Refuses to Vacate the Order of Arrest. Justice Andrews in tho Supremo Court, New York to day denied the motion to vacate tho arrest of William Cauldwell, who was arrested on November and gave bail in $10, 000 on a charge of misappropriating $196,000 of tho estate of the late Jason Rogers, to the loss of tho beneficiaries, Mary J. Wester field and Flora G. Rogers. Cauldwell maintained that ho conveyance of property by him in New York, this city, Long Island and Westchester more than covered the amount with which he is charged with misappropriating.

Cauldwell is trustee with Thomas Rogers of the estate. The plaintiff's are his sisters in law and sisters of Rogers. Their father, Jason Rogers, was the millionaire locomotive builder of Paterson and died in Morrisania in 1868, leaving an estate valued at $2,000,000. Mr. Cauldwell claimed that an action brought In the Surrogate's Court in Westchester County by his sisters in law is a bar to this proceeding.

Justice Andrews holds that it is not and says that if the plaintiffs are successful Cauldwell must turn over their property to them or be adjudged in contempt. THE GROUT DINNER. Preparations are nearly completed for tho dinner on Saturday evening at tho Montauk Club, to Edward Grout, President elect of the Borough of Brooklyn. Last night a conference was held and the speakers wero decided upon, but Mr. Moore was not prepared to give their names until their consent had been secured.

That tho list of speakers will contain Bomu well known names is oortain, but the compliment paid in the dinnor is intended to I be entirely social, without any roforonco to pontics, though the guest ot the ovening will possibly outlino his policy as president of tho borough to some extent. EX CAPT. STEPHENSON'S CASE. Corporation Counsel Scott Gives an Opinion in Favor of His Reinstatement. The New York Police Board held an early session to day, the commissioners getting to gother soon after 9 o'clock.

It is President Moss' intention to have oarly meetings all thiB month so that the board can conclude its business by the first of the year. Corporation Counsel Scott Kent an to tho board recommending the reinstatement of ex Captain Stephonhon. Mr. Scott says that ho has carefully roviewed tho testimony of Stephenson's trial before tho polico board and tho record of his conviction. He says that in the trial before the board the errors were made in the adniiFKion of testimony and the disregard of all defendant's rights were glaring.

"I am informed," Mr. Scott declares, "that the indictment against Captain Stephenson has been dismissed. Under those cirenm stancos, I consider hiB reinstatement by tho court to be unavoidable and since, as I have already sometimes had occasion to say to you, tho reinstatement of ofiicors by the court is harmful to discipline, I deem "it my duty to advise you that hiB case is a propor one for" reinstatement by your board." Captain Stephenson was dismissed September 18114, ou ii charge that ho accopted a bribe in the shape of a basket of peaches. Ho will got nearly 10,000 back pay, if the board reinstates bim. MANY PROMOTIONS.

New York Fire Board Appoints Eleven New Captains. Tho biggeBt batch of promotions to the grado of foreman in the history of the New York Fire Department was made by the Fire Board this morning. The board, after a secret session, promoted eleven assistant foremen to the com mand of firo companies. The new captains are as followH: Johli F. Devauny of Engine Company No.

80, William Gueris of Engine Company 24, Francis J. roy of Engine Company No. 55; Jamoa L. Clifford of Engine Company No. 2: William C.

Clark of Engine Company No. 21: Thomas Larkm of Hook and Ladder Company No. 9: Georgo L. ltoss of Engine Company John If. Leonard of Engine Company No.

30; Timothy J. Bresmau of Hook and Laddor Company No. 14 l'oter riloan of Hook and Ladder Company No 1 and Henry Burnett of Engine Company No. 19. These promotions are made to fill vacancies In the uniformed force.

They have boon expectod for many mouthB. The promotions will make a total of about twenty vacancies in tho rank of assistant foremen, for which there are about 200 applicants. SUES HER TWO SISTERS. Mary Harmon Seeks to Recover Money From the Mitchells. Trial of the suit of Mary A.

Harmon against her sisters, Annie Mitchell and Margaret Mitchell, to recover $680.96 alleged to be retained by them wrongfully from, the estate of their mother, Mary A. Mitchell, who died on February 3, 1S95, was begun this morning before Justice Johnson and a jury in Part 1 of the Supreme Court. The plaintiff alleges that her mother deposited In the Bank for Savings in the City of New York, on July 29, 1874, certain money that amounted to 56S0.9C in 1895, and that after the death of her mother her sisters, the defendants, got her to draw out the money and give It to them. They said, the plaintiff says, that the money belonged to the estate. Now the plaintiff says that the money was no part of the estate of her mother, but was put In bank in trust for herself.

LONG ISLAND CITY BOND SALE. (Special to the Eagle.) Long Island City, L. December 1 At a meeting of tha Quoens County Board of Supervisors, held to day, the ontire issue of 3120,000 thirty year four per cent, bonds for the building of a now jail was awarded to tho Now York Life Insurance Company at 111.27 and twonty year tour per cent, county road maintenance bonds were awarded to the same bidders at 109.07. DR. DRISLER'S FUNERAL.

At the Library of the Columbia University the following notice has been posted: All exercises of the university will be suspended on Friday. December 3. out of respect to tho memory of Dr. Henry Drlslcr, emeritus professor of Greek lansuuKes and literature, and to pive to all who ivlsli to do the opportunity to attend the funeral service, whlc'n is to be hold at Trinity Church, New York, on that ilnv, at 10 A. M.

SKTII LOW, President. Reported by G. A. Nelson. BRIDGE RECEIPTS INCREASE.

Trailic on the bridge for the past month lias been remarkably large and tho returns from tho general ticket agent this morning showed that tin; increased receipts for the month over the corresponding month laut year ainountod to At the present rate of two fares for 0 cents this would mean that 84 1,000 moro passengers were carried by tho bridge cars than in November last year." ALBANIAN REVOLT ENDED, Constantinople, December 1 According to advices from Turkish sources, the revolt of the Albanians against Turkish rule at Dia kova. northeast of Scutari, has been suppressed and Riga Bey, the loader of the insurgents, lias been arrested. PRESIDENT OF THE REICHSTAG. Berlin, December 1 The Reichstag to day re elected Baron von Buol Berenbcrg to the presidency of the house and also re elected the vice presidents, Herren R. Schmidt and P.

Spahn. The next sitting of the Reichstag will take place on Friday. OBITUARY. Amelia H. Bowie, died of consumption at her home, 171 Wyckoff street, on November 30, after an extended Illness of four years.

She was born in Brooklyn on January 21, 1867, and has been a resident of tbis city all her life. She was connected with Grace Cliurch. COURT OF APPEALS CALENDAR. Albany, N. December 1 Court of Ap poals calendar for to morrow: 1,148, 238, 239, 069, 212, 229, 881,435.

May Get Committee's Indorsement for Police Commissioner ship. DOESN'T MEAN APPOINTMENT. Quigg's Brooklyn Appointees Expected to Take Action To night Hanbury's Strength in the Committee an Unknown Quantity It May Prove Availing Across the River Poor Chance of Harmony Until All Plums Are Disposed Of. The Brooklyn members of the Republican city committee will hold their weekly meeting to night and probably will come to some decision as to their recommendation of a name to be submitted to Mayor elect Van Wyck for appointment on the Greater New York police commission. The theory that the decision of this committee will be virtually an assurance of appointment still holds sway to day among many of the Republican leaders In the city; but.

there are those in authority who say that it will not necessarily be binding upon Senator Piatt, In whose hands the final decision is said to have been placed. True It Is that the Senator told the Brooklyn Republicans that the members of their city committee might get together and agree upon their man; but it is hinted that he was careful not to say that that decision would be binding. Nevertheless the majority of the committee believe that the bestowal of the place rests in their hands and to that end every possible wire has been kept smoking which reached the ears of Its members. From surface indications the liBt of contestants, while not one whit shortened, has been weeded out a bit In the minds of those in the inner circle, and they include upon their slate of probabilities the names of but three men: R. Ross Appleton, Harry A.

Hanbury and George H. Roberts, jr. Possibilities Include Commissioner Welles, William B. Phillips of the Twentieth Ward; Port Warden Robert M. Johnson of the Fifteenth, Fire Ccmmisslontr Bryant, Walter B.

Atterbury and Theodore B. Willis. Indeed, there are thos; who declare that some dark horse no; yet in the list of entries may be reckoned on In the stretch, or that with so many aspirants in the field with no chance of an amicable settlement, the limb of the plum tree which hangs over this side of the river will not be shaken at all, the leaders deciding to select both Republican appointees from Manhattan. Appleton, while a somewhat late applicant in the field. Is said to be the strongest of the lot to day.

He has had many Influences at work in his behalf and his friends say that more than a majority of the committee are pledged to his support. In the event of any failure to agree upon him as the choice, however, It is said that the purpose is not to go outside of the committee, but to take up eiher Phillips or Johnson, who are serving on that body. It is reckoned by many that Hanbury stands no chance of swinging to his support more than one or two of the committeemen. 'Patrick H. Flynn, it Is said, many be reckoned on to fight for the Eighth Ward leader to the last, but beyond him the friends of Appleton say he will get no support.

But the man who has been following the local situation for the last few weeks is a bit more circumspect in his estimate of the probable division of the committee. The influence behind Hanbury has been strong and potent from the outset, and it may be stated that on the first ballot to be taken by the committee there will be more than the vote of Mr. Flynn cast in his behalf. Not only have local influences been at work in Hanbury's cause, but those that reach further toward the ear of the man through whose hands the name of the prospective appointee must pass. But should the committee decide upon another name the suggestion made above that such selection need not necessarily be reckoned as binding and beyond appeal may be given due consideration.

In the meantime and in spite of the crisscrossing of wires, the friends of Commissioner Welles are laboring earnestly on In the hopes that from the field of aspirants their favorite may break away in the stretch and come In a winner. But politics promise to dominate and in the face of such influences, experience, knowledge of the office and logical advancement for merit, are apt to go to the four winds of heaven. Wanted A Man for the Hour. The talk from over the river of Mr. Quigg's harmony plans finds but listless attention at the hands of the Republicans in Brooklyn.

The party here would appear to be In a somewhat comatose condition and to take but little Interest In anything aside from the distribution of the one plum, a place on the Greater New York Police Commission. Harmony has been a morsel which many have rolled fondly under their tongues, but only about their firesides or in cosy corners of their clubs. How it was to come and under whose guiding hand no one has known. Suggestions from across the river have been frowned upon as smacking of outside interference. A man' for the hour is needed.

As yet he has not proclaimed himself and the party rests. "I do not expect to see any definite steps toward the talked of reorganization or harmony plans in Brooklyn," said one of the men who has been seriously discussed as available for the very place in question, but who has quieted the movement by a prompt declination of such ambitions, "until the state committee meets next year. Certainly nothing can be done here until the time comes when there is nothing in sight over which there can be further scrapping. As long as there is the chance of a place in sight talk of harmony is useless. They would scratch the name of a twin brother to further their own interests, would most of our Brooklyn politicians.

"If we are ever to have reorganization and a cementing of or party factions in Kings'It must be under the direction of some man who has not yet made his ability felt in the field. The men who have run things here during the past few years and particularly during the last campaign, can never hope to take the helm. I do not mean that we want a leader In the Bhape of a boss. That is out of the question with the elements we have eo handle in this city. But we want a man ofbrains, experience and abilities equal to a mighty task.

Look over the party membership and who is there? I see but one man and you may mark it in your hat band for future reference. Postmaster Wilson will be heard from. He is capa ble for post, although not quite equal to the routine of such party hackwork as the occa sion demands. But couple his name with that of Frunk R. Moore, who is a hustler, and see what will come of It as a prediction." The Situation in New York.

The all important political question among Republicans in New York City to day relates to the discovering of some solution of present warfare and the return of harmony In the party. That the lines are strained to a point seldom reached in past years Is apparent to the most casual onlooker and it is equally plain to all Republicans who have studied the trend of events that unisss peace is secured trie state win oe certainly lost to tne party at tne next election. This impending condition is responsible for the active efforts now making for the uo building of the party on a new basis. The gravity or tne situation is tntts expressed bv Senator Frank Pavey, one of tho antl Platt men, wno nas renuereti good service in nn position to the one man boss system. Senator Pavey says: "I think the Republican party must choose between an entirety new enrollment New York County conducted by men in whom all factions have confidence, or the loss of tho state next year.

These old padded rolls won't stand muster any longer. The only thing they are lit for Is burning In their This ldental conclusion has been reached by the large majority of Republicans in the ci'ty, who oppose senator Piatt dictation through the mouth of his henchman. Lemuel Ely Quigg, president of the county committee, and they are determined to remain out side the organization as long as it is con ducted on its prcsen't lines. The antl Platt Republicans are taking time by the forelock in orgaulzlns for a war against the machine. The two meetings held last Board of Estimate Formally Accspts the Plans.

PURPOSES OF THE TRUSTEES. John L. Cadwalader for That Body Explains the Drawing of the Plans The Fruit of the Work of Ninety one Architects They Embody the Best Features of the Best Libraries in the World. Controller elect Bird S. Coler sat with the Now York City Board of Estimate at its meeting this morning in Mayor Strong's office.

Mr. Coler appeared shortly before the session opened and held brief conversation with Mayor Strong and President Barker of the Tax Department. At the meeting the controller elect occupied a seat next to Controller Fi'tch, who formally introduced him to the members of the board. Corporation Counsel Scott in reply to Mr. Fitch's question if he had met Mr.

Coler. said: "Yes, we took haggis to gether last night." This was in reference to the St. Andrew's Society dinner at Delmoni co's last night. Mr. Coler informed the Eagle reporter that he was present upon tho invitation of Mayor Strong and that the invitation extended over the entire period of the 'consideration of the New York City budget.

He would, he said, be in attendance at all the meetings to be held from now on. Mr. Coler has not yet completed any comprehensive plan for the unification of tho finance department bookkeeping system, although he has given the matter some serious consideration. Tho only matter transacted by the Board of Estimate to day was in connection with the plans for the new public library, which is to be erected in Bryant Park, on the old reservoir site. A committee of the library trustees representing the Astor, Lenox and TUden foundations, appeared with the architects and presented the general plans and specifications for adoption.

This committee consisted of Dr. John S. Billings, the director of the library; Messrs. Carrere Hastings the architects, who were successful In the competition, and the following trustees: Messrs. John L.

Cadwalader, John S. Kennedy, George R. Rives, Alexander Maitland and Lewis Cass Ledyard. Kennedy presented the plans and specifications and drawings of the various elevations to tho board and then Mr. Cadwalader spoke in favor ot their adoption.

He declared that for a working library the interior of the proposed building presented the best arrangement of any library in the world. Two years have been spent in their evolution and every great public and private library the world over had been drawn upon for suggestions. The work presented was the best fruit of the labors of ninety one architects, among the most distinguished in the country. Mr. Cadwalader declared that it was the intention of the trustees of the new library to offer at the outset the greatest facilities ever afforded the city.

They were agreed that the riches of the institution should be available to the public every day and evening of the week, including Sundays. The only difference would be that the building would be closed until 1 o'clock on Sunday. From that hour, however, it would remain open until at least 9 o'clock and probably until 10 o'clock. The committee, he said, offered positive assurance to the city that the appropriation of $2,500,000 already passed would not be exceeded in the erection of the building. The committee of experts who had examined the plans and the architects themselves bad united In declaring that the proposed structure could be erected for that sum If ordinary care were exercised in the supervision of the work.

It was proposed, he declared, to use either Indiana limestone or marble for the exterior, at the pleasure of the proper authorities. At the conclusion of Mr. Cadwaalder's argument the board by a unanimous vote adopted the following resolutions In relation to the matter, preceded by an appropriate preamble: First That this Board of Estimate and Apportionment do now approve the plans made and prepared by the trustees of the New York Public library, and TIMen Foundations, being the plans now exhibited and marked "The New York Public Library, Lenox and Tialen Foundations, plan for library build ins, drawing Xo. the paid drawings being numbered from one to ten. both inclusive.

Second That the Department of Public Parks be and It is hereby authorized and requested at the time and 1n the manner provided in Chapter 550. laws of 1S97. to remove the reservoir now occupying a portion of Bryant Park, in the City of New York, and to erect, construct, maintain, equip and furnish in said Bryant Park a suitable and appropriate lire proof building In accordance With the plans this day approved by this boaru, such buildlnp; to be used and occupied as a public library and reading room by the said the New York Public Library, Astor, Lenox and TUden oundntionsf and to be constructed either of marble or Indiana limestone, or of such other stone as may hereafter be by the architects and approved by the trustees of the Now York Public Library, Astor. Lenox and Tilden Foundations, and by the Board of Estimate and Apportionment. Third That the Department of Public Parks be authorized and requested to employ Messrs.

Carrere Hastings, the authors of the said plans for the new library bulldlntr, as architects, to prepare the detailed drawings, forms of contract and specifications for said building, pursuant to section 2 of said act, and to superintend the erection of said building; ttnld employment of such architects to be in accordance with a contract to be prepared by the counsel to the corporation, which contract shall contain a provision fixing the compensation to be paid to the said architects at the customary fees, as declared by the American Institute of Architects. Fourth That the contract presented by tihe said the Xiiw York Public Library, Astor, Lenox and Tilden Foundations, a copy of whlcb is hereto annexed, be and the same hereby is approved, a nU that the same be executed on beha lf of the city and as aoon as the same Is executed by or on behalf of the flartd. the New York Public Library, Aator, Lenox and Tilden Foundations. The library committee will appear before the Park board Friday afternoon, when the same plans will be presented to that body for Its approval. A form of contract was also presented at to day's meeting of the board of estimate.

Owing to the illness of Deputy Controller Lyon, Mr. Fitch secured an adournment of the consideration of the budget to day. The items which were to have been passed upon. Including charities, correction, taxes and assessments and street cleaning, were set over until December 9 at 11 o'clock. BEEN STEALING FOR FIVE YEARS John Hogan's Evidence in the Trial of Joseph Friedner First Witness Called To day.

The trial of Joseph Friednor, a retail dealer In lamps, for larceny and receiving stolen goods, was continued to day before Justice Fursmar. in the criminal branch of the Supreme Court. New Ycrk. The principal evidence against Friedner will be given by John Hpgan, who was a porter in the employ of Edward Miller wholesale dealers in lamp supplies at 'he corner of Park place and West Broadway. Ho is under arrest but has turned state evidence and will testify that Friedner got hiin to steal the goods which he bought.

Hasan says that he re ceived only 1 11 of the proceeds of the stolen goods. He wns the first witness called to day. lie testified that he had been stealing from his employers for five years, although he had boon in their employ nine years. He explained that he had never stolen anything until he met Friedner, which was about five years ago. He testified that ho received but little compensation for his stealings.

A CLERGYMAN FINED. Arrested in New York on a Charge of Intoxication. A tall, fairly well dressed man of middle age, in the garb of a clergyman, was fined in Joffersorf Market Court, New York, to day, on a charge of intoxication. Policeman Lleb ler of tho Mercer street station, found him at Washington Square last evening unable to take care of himself. He stood in Hue with the drunks and disorderlies in court and looked strangely out of place.

He carried a satchel and a large roll of manuscript. When arraigned he said he was Francis Tutie, 50 years old, but refused to give his address. He said he belonged originally in Eneland and was traveling at present. He paid his nne trom a uajge roil oi mils Her Mother, Mrs. 0.

M. ibbs, Feels Grieved Thereat, BUT HE'S A NICE YOUNG MAN. The Family Moved From Rutland, to Take the Girl Away From Her Dusky Lover Then They Moved Again, After She Eloped, to Escape Notoriety. Neighbors Say the Affair Isn't So Dreadful After All. Mr.

and Mrs. C. M. Gibbs, Who up to yesterday lived at 938 Gates avenue, are mourning tho loss of their oldest daughter. She Is not dead, but their loss they say Is none the less on that account for she has run away from home with an Indian, and a half breed at that.

Mrs. Gibbs is about the only one who takes the very cheerless view that her daughter is worse than dead because of her marriage to the son of the forest, for everyone else who knows the facts in the case seems to be glad that the love of the young people has reached the happy conclusion of marriage. Mr. and Mrs. Gibbs have not lived long in Brooklyn.

In fact they moved to this city only two months beo for the very purpose, it is said, of separating their daughter from the man of her choice the Indian in ques tion. They lived in Rutland, VL, and the Indian, who name is Leon C. Washburn, resided not far away at Cameron Falls in the same state. But separation could not kill the love that had taken root In the breasts of the daughter of civilization and the bronzed scion of a noble race of warriors. The parents forgot that the red man had learned to write and that he could communicate with his pale face sweetheart in this way.

Those who knew the girl in this'city say that she was faithful to her dusky lover during her sojourn here and say that she constantly talked of the time when she could earn enough money to return to Vermont and marry him. The Gibbs live in2 a comfortable flat on Gates avenue, between Patchen and Ralph avenue. The father Is employed as Janitor In a largo building in New York and the daughter Mabel secured a position as stenographer and typewriter in New York also. She is IS years of age, rather pretty and the neighbors say, very well behaved. Almost every one in the neighborhood knew something of tne circumstances of the case, and when a reporter called this morning and found that the Gibbs had moved yesterday because of the notoriety they had achieved by their daughter's elopement, several persons were found who could tell all about the affair.

Several of them knew Mabel and had talked with her, and she told them that she was saving her money to go back to Vermont and marry a man from whom her parents had separated her. She did not tell them that this man was of Indian blood, but the mother acknowledged this to a reporter afterward. The young people became acquainted while the Indian was on a visit to a friend of his in Rutland, named Mrs. Herbert Sanborn. The latter thought highly of him as he is a young man of education and good breeding.

His mother was an educated white woman and bis father of considerable prominence In the Six Nations, of which the Iroquois was the dominant nation. Mabel was at that time attending the Rutland High School, and the two used to meet when she was on her way home, as the Indian was not allowed to visit the house. The Indian is only a year older than the girl, and the liking they had for each other soon deepened into love. Then the mother took alarm and the family decided to remove to this city, Mr. Gibbs being promised a position in a large building in New' York where a cousin of his is employed In a responsible position.

Mabel felt very badly over the separation and threatened a number of times to kill herself, as she saw no chance of ever meeting her lover again. The folks around their Gates avenue home say, however, that it is more than likely that Washburn visited his sweetheart here in the city, for one day they saw her talking very earnestly on the street with a tall, dark, black haired young man of athletic build. This tallies with the description of the Indian. It was within a day or two of the appearance of the handsome and mysterious stranger on November 18, that Mabel did not return home rcm work, and the next day the mother was to receive a letter from her daughter to the effect that she was going away never to return. For days the anxious mother waited for further news of their daughter, and the police tvere also asked to search for the missing girl, but no tidings were received of her.

Finally, just as the parents were aDout to give her up for dead, word was received from Cameron's Falls to the effect that their daughter was married to 'Washburn, the Indian, and that they were keeping house together very happily. When Mrs. Gibbs was seen this morning at her home in a flat, on the corner of Bridge and High streets, she said that she did not wish to talk about the case. "We feel too badly over the whole matter to discuss it," she said. "My daughter has gone away and is married to that Indian and that Is all there Is to say about It." It is understood that Mrs.

Gibbs was married before she was married to her present husband and that Mabel is not the daughter of Mr. Gibbs, although she assumed that name when her mother married again, she being very young at the time. There are three other daughters, all of whom are the children of both Mr. and Mrs. Gibbs.

WAS WITH DEAN CO. Lamberg, Identified With Bucket Shops in Wall Street, Arrested and Locked Up. Assistant Post Office Inspector Shopp and Deputy United States Marshal Stafford arrested Jacob Lamberg at 7:30 o'clock last night at 200 East Houston street, New York. The prisoner was indicted several months ago by the United States grand Jury in connection with Myron L. Bernard, Sam Kellar, Harry D.

Kyle, James B. Kellogg, Alfred R. Goslin and others, constituting the firm known as the E. S. Dean Company, on a charge of using the United States mail for fraudulent purposes.

The firm did business in aWll street as discretionary pool operators. They advertised extensively in country papers and in this way secured the patronage of many farmers and small tradesmen throughout the country. At the time of the indictment Myron L. Bernard, who was president of the Dean com pany, Lamberg and one or two othersi, were arrested and held for trial by the grand jury. Ever since Bernard, Lamberg and the others escaped superintendent Ashe of the Post Office Inspector's Department has been watching for them.

A few days ago the officers learned that Lamberg had returned to New York. Yesterday they located him at his mother's home, on East Houston street, and they lost no time in placing him under arrest. He was arraigned this morning before Judge Brown, In the United Stales Circuit Court, who held him in ball for trial. SERVICES RESUMED. The Thursday afternoon services for the deepening of spirituallife will bo resumod tomorrow afternoon in the Central Prasbytorian Church.

Marcy ami Jefferson avenues. Tho pastor, the Hev. J. V. Carson will preach, the subject being: "Prayer ati a Factor in Deepening Life." H.

Meredith will sing. These services aro hold in the chapel the en trance to which is on Jefferson avenue. LOST HIS BRIDE. Michaol Clark, 40 years of ago, of Northampton, Mai wan to day at tho East Thirty fifth street station in Now York. He Bays he was mnrried Saturday in Northampton.

He and his bride came to this city Monday, and yesterday were Boparatod in a crowd. Ho has not since beon able to find her. RESCUED THE CREW. The steamer Alllanea which arrived to day from Colon brought seven shipwrecked seamen of the Norwegian bark Canopus, which went ashore near Coriato, Nicaragua, while on. a voyago from New York to Corlmto and La Ilbertad with tenrgo of general mercaandisB.J TO SECURE LAND IN NEW YORK.

Much Money Lost by Delay in Appraising Ground for Brooklyn Approach Lesson Has Been Learned Progress on Tower Caissons Chief Engineer and Commission Say January 1901, Will See the Bridge Completed. At the weekly meeting of the, new East River Bridge Commissioners, held at 49 Chambers street, New York, this afternoon, the principal business was the passing of the bills representing chom onthly estimates of. work done on the new bridge by contractors. In view of statements published as to the financial condition of Brooklyn, talk has been revived as to the posslbllty of the bills of contractors and the wages of employes not being met on time. Commissioner Salem H.

Wales, who is chairman of the finance com mittee, gave a contradiction to these rumors to day. He said that the financial outlook before the commisslouers remained bright until at least January 1. "By the recent Issue and sale of bonds in Brooklyn," said Mr. Wales, "the commissioners acquired sufficient money to meet Brooklyn's share of indebtedness up to January 1. This money is in the hands of Conti oiler Palmer and cannot be used for any other purpose." 'It was learned that the commissioners were to consider the appointment of apprais ers on the property required for the approaches on both sides of the river to day.

Aa the appraisers' work will mean the valuation of about a mile of streets and buildings valued at several millions, their duty will, be among the most Important devolving oh the temporary officials appointed, in connection with the bridge work. Commissioners Wales and Battermau said that no decision would be reached this afteruoon as to who the apprais ers would be. The matter would be simply considered, the commissioners said, tne date of appointment would depend on the opinion of the chief engineer as to when he was ready to proceed with the construction or tne ap proaches. It Is probable that the chief engineer will not require any of the approach property for twelve months to come. "Our experience in acquiring land for the anchorages," said one of the commissioners, "was that we delayed too long, and condemnation proceedings were heard In some cases.

It was thought advisable In the case of the approaches to take preliminary steps in the matter of appointment of appraisers." From the report of the chief engineer it appears that satisfactory progress is being made on all branches of work on the new structure. The razing of the buildings on the site of the Brooklyn anchorage has been all but completed and a large swath now appears where formerly were some of the oldest buildings of the Eastern District. Within a day or two the buildings on the site will have entirely disappeared. This morning only a portion of tbe buildings on the Kent avenue front remain standing. An elevated railroad from the anchorage site across Kent avenue to the river was being By its use the material dug fnom the anchorage foundations can be carried to scows on the river and the concrete and the stones for the foundations can be brought in witnout obstructing the on Kent avenue.

This plan will not only prove a convenience to tde contractor, but will save teamsters and truckmen from the sugar houses and warehouses along Kent avenue a great deal of trouble. The area required for the anchorage extends eastward a distance of three fourths of the block from Kent avenue toward Wythe avenue. The first or northerly caisson of the New York tower foundation has reached Its stopping place. Solid rock has been exposed over the enitre area of the bottom of the working chamber. It is possible that the filling in of the chamber with concrete will begin within a week.

It is understood that, the foundation and the quality of rock discovered have been satisfactory to Chief Engineer Buck. Concrete is being placed on the top of the south caisson, and it is sinking gradually. It is expected that the compressed air workers will go Into the working chamber within a week. The wood and iron work of the big Brooklyn southerly caisson, which is being constructed by the Degnon McLean Construction Company in their yard, at the foot ol South Fifth street, has all bee hcompleted, and a commencement has been made In sinking it with cement. Altogether about 3,000 cubic yards of cement will have to be placed on the top of the structure.

The depth at high water where the caisson is to be sunk, is about 60 feet. It was said at the office of the chief engineer to day that the fourth and northerly caisson for the Brooklyn side the last required for the bridge will be launched within ten days. On the New York side Messrs. Shanley Ryan are driving piles preparatory tD digging out for the New York anchorage. "A motion is under consideration," Ea'd Commissioner James A.

Sperry to a reporter of the Eagle to day, "for the appraisement of the values of th ground needed for the approaches on both sides of the river. Mr. Buck, as well as the commissioners, believes that If no obstacles are placed in the way that the bridge will be turned over to tho City ofN ew York on January 1, 1901. TROLLEY MAIL SERVICE. Control of the Cars Turned Over to Postmaster To day Postal Changes.

By an order from Washington the control ol the trolley postal cars in this city wai at midnight transferred to Postmaster Wilson. At the same time the cars in New York and Philadelphia were taken from the Railway Mail service and turned over to the postmastors of those cities. This transfer was suggested by Postmaster Wilson to the department some time ago. V. J.

Bradley, superintendent of the railway mail service, investigated the matter and reported to Postmaster General Gary that tho change was one that should bo made. Postmaster Wilson will now have full charge of tho trolley mail service in thil city. The clerks will be under tho postmaster, although they will for the present draw their pay from tho railway mail service, from which they originally came. Appropriations will probably be made for tho Brooklyn oflice at the next session of congress for tho pay of the clerks employed in theso cars. DISABLED THE FIRE ENGINE.

O'Toole Would Not Get Out of the Way and Was Arrested. John O'Toole. while driving a load of scrap iron along Raymond street this morning bi.V Fire Engine No. 10 coming down Myrtle evenno on its way to firo at the corner of Willoughby avenue and Fleet place. The driver yollcd to O'Toole, tho engineer blow his whistlo and Policeman Gallagher called to tho man also, but ho would not get out of the way.

The polo of the engine struck the hind whool of tho wagon and both vehicles were disabled. The ongino polo was broken off short and the wagon wheel smashed, while ono of the homes attached to tho engine was cut in tho head with a piece of scrap iron. Gallagher arroBted O'Toole and this morning Judge Teale held him for examination next Monday. The ongine could not go to the fije which was, however, easily extinguished. JUDGE TENNEY'S FIRST TERM.

Judge Tenney of the United States District Court finished his first admiralty term yesterday. When the calendar for the term was called on November 3, there were 406 cases on it. Of this number 112 were called for hearing, and of that number 60 were set down for trial, 10 dismissed and 24 marked off the calendar. Of the CO set down for trial 23 were tried, 8 settled and discontinued and in 3. cases final decrees were entered on consent.

Thus Si many ot them important, were important matter of possible contention. Railroads Glad of the Injunctions. Railroad officials refuse to express any opinions in regard to the Flynn railroad grab, but they are undoubtedly pleased at the tie ing up of the scheme as a result of the injunctions obtained last night. It is now expected that the rival organizations will take no active steps In the matter and will not carry out their former scheme of bringing a taxpayers' suit. This is now generally conceded to be unnecessary, as nothing further could be accomplished in that direction.

It is hoped and also expected by the railroad people that the matter wil! now be tied up so that the franchise resolutions cannot be taken before tho Board of Aldermen In time for them to be carried over the mayor's veto. The Injunction papers are returnable December 6 and 7 and it is said the chances are that a decision will not been made until after then. The mayor will then have ten days to pass upon the question and that will shave the margin for the favorable action by the Aldermen very close. In any event the railroads, who have undoubtedly entered into an alliance to defeat this new Flynn organization, will then turn their attention to the Board of Aldermen, and, in spite of the boast of the Flynn section, it is a mooted question if the required twu thirds vote can be obtained over the mayor's veto. At any rate, the railroad will fight the grant all along the line, and with consolidation so near at hand they are confident that it can be deferred until the aldermen cannot take any action in the matter.

None of the rail roda officials would talk for publication this morning except to say they were glad tne injunctions had been granted. NOT NASSAU President Johnson Says His Company Doesn't Want Them and Wouldn't Take Them. The franchises which were given to the East River and Atlantic Ocean Railroad Company on Monday were not secured by Mr. Flynn in the interests of the Nassau Electric Railroad Company, that corporation does not wish any more franchises and if these are perfected the Nassau Railroad Company will not purchase them, accept them or make any use of them. For this statement President Albert L.

Johnson, five sixths of the stock of the Nassau Electric Railroad Company is responsible. Hhe said this morning: "When the Nassau Electric Railroad Company's franchises were in the market as the representative of the Johnson, Edwards Construction Company, aureed to build the railroad. In payment my associates and I took five sixths of the stock. We built every foot of the railroad and when it was completed and our agreement was carried out the Stockholders elected me to succeed Flynn, who up to that time had been president of the company. While he was president and before we secured the lease of the Atlantic Avenue Railroad Company he made appli tion for these franchiss in order to secure for the Nassau Railroad a way to reach the Brooklyn Bridge and some other very desirable points to which the Atlantic avenue railroad had lines.

"When he made the application it was with the understanding that five cents would be the fare. Not expecting at ihe time to secure control of the Atlantic Avenue Railroad lines it was understood that we would build and operate the East River and Atlantic Ocean franchises If they were secured. "Then the situation changed. All that we desired from the East River and Atlantic Ocean franchises we secured by leasing the Atlantic Avenue Railroad. Monroe street, Sixth avenue and some of the best streets in the contemplated franchises were left out and In addition to this the fare to be charged was reduced to practically four cents.

"These franchises would be of practically no use to us now, even If we could charge cents, because we already have lines which compete closely with them; but with the fare reduced to 4 cents we would not take them under any circumstances. We are doing a business with the Nassau Electric Railroad Company of about $2,000,000 in gross earnings annually. Should we extend our routes over the East River and Atlantic Ocean franchises we would not increase our earnings by more than 20 per and if we charged 4 cents on those extensions v. would soon be compelled to charge 4 cents on the entire system. This would reduce our entire earnings which would leave us worse off than before we "took on the extensions.

There is no business point of view that I can take the situation where it would be wise for the Nassau Electric Railroad to take these new grants. By our system of transfers and our long rides for a single fare we do business as cheaply as possible and cannot afford lower fares. "A gentleman associated with Mr. Flynn asked me a short tttne ago if the Nassau road would lease these routes, and I told him most emphatically that there were no conditions under which the Nassau Railroad would take them. I did not know thait an attempt was to be made to secure them at all.

Not. more than an hour or two before the application was made on Monday I talked with Mr. Flynn and he gave me not the slightest Intlma Tion that there was to be any further effort made to get these franchises. "Speaking Tor myself and my associates who control all but a million of the stock, I can say 'that the Nassau Railroad does not want and will not accept the franchises of the East River and Atlantic Ocean Railroad Company, even if they are offered to us." Franchise Law Under the Charter. Wo the Ed'Hor of the Brooklyn Eagle: The charter of the City of New York, section 1,611, says that It Is to take effect January 1, 189S, "provided, however, that where lay the terms of this act an ect is forbidden prior to January 1, 1898, then as to such act it shall take 'effect from and after its passage," which was May 4, 18S7.

And section 73 forbids, "after the approval of this act" (which was. by the Governor, May 4, 1897) that any franchise or rigiyt to use the streets, be granted ror more than nve years (with a re newal), or without adequate provision to securo efficiency of public service Ijeasonaiblo rates." Did the Brooklyn al comply with these terms in the kses they granted on Monday to tho kna lighting companies? If not, an be ana should, he sustained. OEOROB VAN SIOLiEN. November 30 1897.