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

THE BROOKLYN DAILY EAGLE. NEW YORK, TUESDAY, JANUARY 17, 1899. Tfl TJ9TH A a heavy penalty for not paying more, and yet tihe city is not in a position to make the im member of the State Board of Charities for t'Tmj Senate Cities Committee reported the TROOPS GOING ABOARfl THE TRANSPORT GRANT. FIFTY ONE REPUBLICANS PLEDGED AGAINST QUAY, ask war mmm 10 CONDEMN A BRIDGE. SHOT AT A POLICEMAN.

Officer O'Brien Has a Narrow Escape With ah Italians Blgalo Trouvio, an Italian, 30 years old, of 2C6 North Ninth street, was arraigned in the Ewen street court this morning charged with assault in the first degree for having shot at Patrolman Kennedy O'Brien of the Herbert street station shortly after midnight this morning. Trouvio, together with others of his nationality, was invited last evening Newtown Creek Property Owners Represented Before Major A.clams. COMMISSIONER SHEA'S REPLY. He Says the City Has Beceived No Complaints of the Grand Street Structure. Before Major II.

M. Adams of the Engineer 'Department argument was heard this afternoon at the Army Building, Manhattan, asking for the condemnation of the bridge over Xewtown Creek at Grand street. It is claimed that the building of a coffer dam and the repairs to the present Bridge have obstructed navigation and reduced the width of the opening about fifty feet. The protest comes from the property owners along the creek, who were represented to day by Joseph A. Burr.

Bridge Commissioner Shea was present to represent the city. Major Adams stated that complaints had been coming to him from time co time for the three years. These were forwarded to the Secretary of War. He had ordered the hearing and all evidence brought in would be submitted to him. Major Adams asked Commissioner Shea what he thought ol the prospect ol a new bridge.

"No complaints have been filed with me," replied the Commissioner. "As far as the city authorities go, nothing has ever been said to them about thie bridge. I recognize, of course, that there are difficulties to contend with, that there may have been some ob struction to navigation, but I think that the city will take action to better this. 1 believe that, a change will be made. If we are satis fled that the obstruction is serious then we are willing to have another bridge built, and 1 will do what I can for it." Mr.

Burr, representing the property owners along the creek, presented a number of affidavits showing that the present condition of the bridge did not permit of navigation by the large boats, that property had been damaged thereby and commerce impaired. Mr. Burr in presenting the affidavits stated that within the last two years the size of many vessels had been increased; thatwhereas these trading vessels could formerly enter between the draw now it was impossible and for that reason many were shut out. That there was greaT difficulty at the present time was shown by the accidents which had occurred there and by the position taken by navigators that it was dangerous to risk a large vessel up the stream. Mr.

Burr claimed that commerce had been seriously impeded and that in the contest for a new bridge the superior right was with the navigator. It was a legal right, he said, asked for by the property owners, that the piers and obstructions should be inside the bulkheads. Ho explained that the municipal authorities were really asking for a favor; that they had violated the law; that the bridge should have been condemned long ago. "We ask," he concluded, "that the bridge be constructed according to law within a certain time." In reply Commissioner Shea stated that it was hard to specify any time when a bridge should be finished or built; that the processes of legislation were slow and tedious. "1 want to emphasize what I have said," he continued, "and that is that no complaints have been made to the municipal authorities concerning the Grand street I shall be happy myself to do what I can, but no complaints have come to us." Daniel T.

White, who owns a dock by the side of the bridge, explained the difficulties of traffic there now. He stated that he draw had been reduced from CO to 50 feet, and showed how the construction of the coftr dam had impeded navigation. In addition to this the iron draw of tho bridge was defective. The central pier was not on a firm foundation and should be placed in the proposed new bridge 30 feet, west of the present one. It was brought out that there was no record of the permit given by the War Department for the construction of tne bridge.

Major Adams examined all maps, stating that full information concerning the hearing would be sent at ouce to the department of war. Property owners are much encouraged over the hearing, and believe that the present bridge will be condemned. J. FRANCIALI DESIGNS. Leaves the Manhattan to Go to the Air Power Company.

No decision was arrived at during the meeting of the Manhattan Elevated Railroad directors in Manhattan to day regarding the electrical equipment of the re ad. It was decided, 'however, to use a single car electrically equipped as an experiment. W. J. Francioli resigned ais position, as general manager, having accepted one with the American Air Power Company.

Vice President Skitt of the Manhattan will fulfill the duties of general manager. NO CITY ASPHALT PLANT. The Mayor Apparently Will Not Make Good His threat to Establish One. The city administration apparently has given up 'the idea of establishing a municipal asphalt paving pliant to break the reputed asphalt combination and save the city money. Last summer Jlayor Van Wyck had a great deal 'to say on the subject of an asphalt trus't and he declared he would break it up, even if it was necesasry for the city to erect a million dollar plan't to do so.

The Mayor's threat had no effect upon 'the asphait companies, which in subsequent bidding contests for etreet paving practically held to their did prices. Mayor Van Wyck ordered Highways Commissioner Keating to investigate the cost and feasibility or establishing aa asphalt piant and told tiim to be ready to report when the BoaTtl of Estimate considered the budget Ais year. No pu'blic, or as far as can be learned, private report has even been presented in the macter, while now comes news tnat tieputy commissioner nf SrrAf; i Highwaj Madden of Queens has gone ahead and let a contract for the buMding of a bicycle path Trom the Thirty fourth street ferry landing at a price far beyond tho original estimate. was over this contract that the fight developed. The Mayor had proposed bicycle strips and the Board of Estimate set aside The Steamer, However, May Be Able to Start for Manila To day.

Not INTERESTING DOCK SCENES. The Big: Transport Presents a Gfl.y Appearance With Strings of Flags. Even now, no one saems to know positively just when the big government transport Grant that for several days has been tied up to the wharf at the foot of Pacific street, will churn with her propeller the beginning of the long wake toward the Philippines. Nearly all the military stores are on board and all but a few companies of the troops who will form the expedition, arrived this morning, but despite the fact that the Grant is scheduled to sail this afternoon, there are many who believe she will not get under way before to morrow morning. Everything will depend upon the arrival of the few remaining regulars and the speed with which the baggage and other stores can be arranged in their proper places.

The vessel was in gala attire Chis morning and to all outward appearances she was ready to make steam at once. The effect produced by her white hull, 450 feet on the water lino, was enhanced by the presence of strings of flags from all lour of her great masts. No yacnt on opening day ever presented a gayer aspect than the huge transport did this morn ing. Aboard her, on the lower decks and below them, there was necessarily considerable! confusion, caused, of course, by the final arrangement of the cargo, the hasty embarkation of the troops from the wharf and the presence of a horde of visitors. The latter were not allowed to pass up the gangplank unchallenged by the sentries, but as nearly all of them were relatives of one or another of tho nogimental officers, permission to go aboard was readily obtained from the proper authorities.

The time for tearful farewells had not arrived, so none could be seen, but judging from their faces and conversation, neither officers, men nor the girls about to be left behind were burdened down by the thoughts of a possible disaster, two months hence, in case the expedition met the forces of Aguinaldo, the Pooh Bah of the Philippines. The troops which were 1 in ed up in the covered wharf at noon, prior to going aboard the Gra.mt, wh'ich will be their home for about sevn weeks, arrived in Jersey City early this morn'ig from the West. They were transferred from the cars to railroad ferry boats and brought around the Battery to the foot of Pacific street. The troops comprised the wh'ole of the Fourth United States Infantry and a baittiallcia of the Tenth Inifaot ry was hourly expected. The men were clad in the heavy army overcoats and wore the latest design of army caps, with a short leather peak.

Ea dh private carried his blanket roll across his shoulder, while many of the men were urdiened down with extra luggage of OQ'O character or another. The locks of these rifles, except those of the sentries, who had ben posted at various points about he wharf, were securely wrapped In canvas, in order to protect them from any damaging influences during the voyage. The troops were a remarkably fine body of men and one old fellow, wearing a Grand Army button, was frequent in his statements to anybody who would listen to him, that he had never seen a more orderly or soldierly expedition, even among the regulars. "But." said he. "they'll shedding those spick and span overcoatE soon." When the Grant does leave the wharf she will anchor in the bay, probably off Liberty ihittiia, ana men receive ueneral Lawton and his staff on their arrival from Washington.

When the transport leaves on her long journey, through three oceans and two seas the guns of Governor's Island and at Forts Hamilton and Wade worth will speak forth in a major general's salute. DR. BYRNE'S INVESTIGATION. Brother of "William Byrne Believes That Latter's Death Insulted From Violence. Despite the verdict of the autopsy of the coroner's physician, Dr.

James E. Byrne, the brother of the man who died as a result of an altercation with a street car conductor in Manhattan last Friday night, is fully convinced that William F. Byrne came to his death as the result of violence done to him by the conductor of the Thirty fourth street horse car. The autopsy over the body cf Byrne was held yesterday afternoon by Dr. Hamilton Williams, Coroner Zucca's physician.

At this autopsy, said Dr. Byrne this morning, neither he nor his brother, David F. Byrne, was allowed to be present. Dr. Byrne says that he cannot understand Dr.

Williams' attitude in che matter. When Dr. Byrne first asked Dr. Williams to be allowed to witness the autopsy Dr. Williams at first hesitated, and then gave his consent, as a matter cf professional courtesy, he said.

Then Dr. Byrne asked when the autopsy was to be. Dr. Williams said that he wouid Slave to look at his book and left tho room. When he re turned an hour later he informed Dr.

Byrne and his brother that the au.opsy had been held and that his examination of file body failed to show any evidence that Byrne had been killed as a result of violence. With this report Dr. Byrne was not satis fled, and yesterday he secured the services of Dr. William D. Thompson of 15 1 Ken; street, and Dr.

J. B. Campbell, 552 McDonough street, wno performed a second autopsy at Dr. Byrne's home, S32 Manhattan avenue, Green point. Dr.

Thompson this morning said that as a result of this autopsy both he and Dr. Campbell had agreed between themselves ta say nothing until the inquest. Dr. Thompson said, however, there was no sign of rotting bones which Dr. Williams said bad discovered, and wibich Dr.

Williams said indicated insan.ity, while on tne other hand. was a veT evident discoloration and bruising cf the flesh on tlhe lift side of t'ae neck, just helow and In front of iihe ear. "This discoloration could not have been I caused by a fall," said Dr. Thompson. "No i man could fall and hurt himself in that oar ticular spot.

Only violence could have caused H. Farther, the brain is in such a condition plete examination. Dr. Thompson declined to say what kind of testimony he and Dr. CampDclI would give a the inquest further than What he had said i already.

The funeral services over the body oE Byrne were held last evening at Dr. Byrne's homo. and the interment will be held this afternoon at the cemetery of the Evergreens. COULDN'T DO WITHOUT IT. To the Editor of the Brooklyn Eagle: I de siro to acknowledge receipt of the! Brooklyn Eagle Almanac, and sincerely thauk you for kind remembrance.

It Is most cer tainly a very valuable book, so concise and i containing so much valuable information. I Don know how I could get along without i w. j. Mcdonald. New York.

January 1C, provements; neither qan it repay the money i paid in the treasuiy by the taxpayers. The bill offered has in view the securing of bhe latetr privilege. Clerk YVh'ipple of the Senate was compelled to go hcmie to day Tjeoauee of the death of his brother in law. The cxwn.mittee an pu'Wic Jea.lth held a. meeting this afternoon and passed a resolution winw inir favonablv urron tht nomination sent bv the Governor last ev raing, naniLng Alvaih H.

Doty to be health officer of the port of New York. Assem'blTman Miles of St. Lawrence to day rnrroduoed a Mil making the legal rate of tat erest in New York State 5 per cent. It was In trod oed by request of the agricultural societies and grangers of New York. The concurrent resolution from the Assembly waiving the claim of the state against the national government for the pay of the soldlors was received by the Senate and upin motion of Senator Higgins was referred to the finance committee.

Governor Roosevelt sent in the nomination of John L. Morris of Ithaca to be manager of the Wlllard State Hospital and also of J. Milton AVoodward of Lockport, to be county treasurer of Niagara County. Senator Ellsworth said that owing to an unfortunate condition of affairs, Niagara County found itself without a county treasurer and he asked, that the nomination be immediately confirmed. Senator XJrady said he had no objection to the confirmation, but wanted to congratulate the Senator upon the graceful manner in which he stated the situation.

If the treat urer of New York County had got away with the funds of the county, the newspapers from one end of the state to the other would be filled with reports of another Tammany thief. Members of his party were more charitable and deeply sympathized with the Senator from Lockport. He asked the Senate to concur in the report of Senator Ellsworth for iramediato confirmation. No objection was offered and the nomination was immediately confirmed. The bill oi Senator Ellsworth appropriating $27,500 ior contingent expenses ol the Legislature was handed down by the Speaker in the Assembly and passed without referring it to committee.

Bills Introduced in the Assembly. Among the hills introduced In Ohe Assembly were tihe following: Mr. Roche 'PreveiuInK pawnbrokers or money lending afoclatlons from Belling property pledged until after the expiration of one full year, church societies executed. Mr. Panders EnlarKlm? the scope of the manufacturing employment act so as to include all persons employed by the state, public and private corporations and chanKintr the hours of labor from sixty nours a week to lorty elgllt hours, or irom ten to hours a day; also eliminating the posliiiK or the ase of employes under 1 and 20 years: also providing that special de puty factory Inspectors appointed by the factory Inspector must be a member of organized labor.

Mr. Phillips Amending the Code of Civil Procedure in actions for divorce compelling plaintiff's attorney to serve summons and complaint, and an atildavlt setting forth that he has made due and diligent inquiry aw to the truth of the allegation and that from reila ble sources he is reas onably satisfied that the party or parties are at fault. Mr. Finn Amending the pawnbrokers' law by reducing the licence fee from $500 to and providing that not more than 1 per cen t. Interest shall be charged for loans for Che nrst six months and i of 1 jer cent, for each succeeding month.

Mr. Oculd Repealing the soldier vote law. Mr. Stoneman Authorizing the town boards to adopt ordinances regulating the speed of bicycles and to Inflict So fine on offenders, half to go to the informant, except in cases of a public olllcer mak ing tne arrest. New Measures in the Senate.

Among the bills introduced in tine Senate were the following: Senator Norton I'on soiid a ting the First and Second School CYvnmlsslo ner Iis tricta In Queens O.xmty ln to the Oou.n district. Senator MoCarre.n Ratifying the opening of Waitsworth avenue from Kingsbridce road and refunding in part assessments for acquiring title. Senator Martin Providing for payment to the ixty ninth Regimeat of the money deduced by the United States. Senator Ford Providing that a court ay enforce a lie on petition in rneeta pivoeedlnfi's. rr Mitchell Providing that assessors shall state the value of Ian scvuslv of imvrovemetvtis thereon.

A'. so providing that sta tcments of exempt property by county olilcers shall state Ihe kind of tax from whi ch exemption Is given. Also nvikSng corporations subject to supplemen't ary proceedings. A.lso repealing the primary election iaw. xemtitins jm taxation 1 a nd or building cori.ora'tlon.s whose capita Is wholly Invested in real estate in this state.

en. itvir Krackett Providing for additional allowances; in suits for the partition of real property. Mr. Redington ihas introduced a bill for file purpose of saving litigation and necessity of jury trials. As it is now, all cases are put on the jury calendar.

There are many eases which might be tried by the judge wMhout the heavy expense of a jury in New York County, fees there requiring the payment of $15 he fore commencement of trial. In some states such iprovi sions as the atiove are incorporated in tlhe statutes The bill will force Che judges to try cases. It will not only save expenses but time will 'be also saved. As it is now In New York County persons must wait a year or two before their case will be reached on the calendar. TAYLOR NAMED AS INSPECTOR.

Thirteenth Battalion Man Given a Position on General McLeer's Staff Election for Captain Called. Brigadier General McLeer has announced the appointment of Washington Irving Taylor to be assistant inspector of his staff with the rank of captain. Captain Taylor is a member of the Thirteenth Battalion and served with Major Russell during the war. He is an efficient officer and will assume duty at once. The appointment is made in.

accordance with the new military code. General McLeer is giving close attention to the condition of the regiment in his brigade and will order an inspection of the various organization shortly. Company of the Thirteenth is to have an for captain Saturday The contest wiM be between Lieutenant Ashley and Lieutenant Kemp. The latter served with the battaiian during the war and has been le lrauldllB ouiuer. i.ieu.eiaii laj.ur ia one nf he mosr nr.nnlnr nfficprfi in the regi nieut auu wmie 03 uiu noi bee service ib held in the highest esteem by ail the men, and has done as much as any other officer in building up the Thirteenth.

It has been decided by Colonel John H. Eddy muster out the four companies of the One Hundred and Forty seventh on January 24. Immediately afterward a trail will he isued for the men of the Forty seventh who did ft go Porto Rico to assemble for organization into what is known as the Fourth Battalion the Forty seventh. By Major Tumbridge, who is organizing the engineer corps of the Second Brigade, the most encouraging letters have been received concorning his endeavor. These favor his plan and state that there should be an engineer department to all brigades in the Guard.

No approval of the application for the formation of the corps has come yet from headquarters. Commodore Philip is among those imvited the review of the Twenty third next Friday night. It is prdbalble that Senator elect Chauncey M. Depew will be present with Governor Roosevelt. Tho following will represent the Thirteenth Regiment in the National Guard convention Albany to morrow Major George D.

Russell. Captains William Kerby. W. A. Turpin and Sidney Grant, and Lieutenant C.

O. Davis. They will leave Brooklyn to night. Major Russell says that seven companies are now organized, each with more than the minimum required by law. the strength of the regiment being 050.

GRATUITY ASSESSMENTS. For ihe firs: time since the gratuity system has been in existence on the Produce Exchange there c.as bc an excra assessment levied in January over and albcve the original fifty assessments for the year. Last year there was one asse ssmm levied, but that was end of the gratuity year, just before April 1. This year the fifty assessments were levied before the end of and in tin; few di'iys of January all tho surplus earnings of the'pio duce Exchange turned over to the gratuity fund have been paid out In the six assess metits over and above the fifty regular for the year, leaving all gratuities for the balance of the year to be paid by the members. As this time covers two months and a half to April it will mean extra assessments of about membership for all the members of tho Exchange.

THERE IS A CLASS OF PEOPLE Who arc lnjured by the use of coffee. Recently there has been Waced in ri II the grocery stores a new preparation made of grains, that tuken the place of coffee. The rawt delicate stomacn receives it without distress and few can tell it from coffee. It does not cr at over hi a much. Children may drink It with jrreat benefit.

15 and lij'cts. yer package. Try Aolc for (JHAi.N u. a Anearn Din in relation to the salaries school teachers for printing and recommitted it. Assemblyman Gale has succeeded in influencing Senator A'iiearn to amend the bill so as to include the borough of Queens.

This "will give the school teachers of Queens the same proportionate raise that will be given New York teachers and takes away objections to the measure. Republican Opposition to Haines' Proposed Excise Amendment. Senator Raines' amendment to his excise hill will 'have a hard time getting through the Senate. Even his Republican associates do cot Relieve in the measure he now presents, which in effect absolutely prohibits the sale ol liquor under all conditions and circumstances on Sundays. The opposition to the bill among Republican senators is expressed generally by Senator David P.

Davis of Brooklyn, Who said this morning: "I do not think that Senator Raines really means 'to seriously press proposed amendment to the law. We have already passed Upon the excise matter in the state and the people have expressed themselves satisfied with the law as it now exists, although ia Kings County I know vhat a large part of the adverse vote was due to opposition to 'the law 1 now stands. To oass such an amend as Raines now proposes would mean Republican annihilation in cities. If' the Sen i ator wants to ger public sentiment on 'Uiis question he will ge't it in large doses from all over the state and it won't be in favor of his "bill, because not only saloons, but every hotel keeper and every clu'b house of high and low degree will be in opposition 'to the measure. I don't think the suggestions of 'the Senator are at aU practical, and I hardly imagine his amendment will ever be seriously considered in the Sep.ate." Senator Marshall did not desire to express any opinion until he had a chance to read the but he intimated that what he iad heard abou it did r.ot meet with his views.

A New Excise Bill Presented by Mr. Adler. Mr. Adler of New Ycrk presented to the House this morning a new bill. It adds to Pie sub division defining trafficking in liquors the distribution at any banquet, receptions, balls or weddings ici any rented hall or rented premises.

It strikes out of eub divi.slon 6 of section 11 that part of the law that provides that there shali be not more than one bar on any iieensed premises, unless a tax is paid for each one. There is introduced an entire new soctica allowing special sales by restaurants. It provides: "ixn the of tratlU kiJiff in liquors liv a ivs tauran't whloh ii.pjors can oirly sold with ckt mpats azul r.v.t with tan lwiche. uid while ftu are Kibvw. an 1 if no lar or otiur Ilxiur.

r.jri liujuors are on th pjfinisfjj there sha.M 1h? a.s'ses.'&etl an oj cieie tax In. paid by every aso cl ataon, Cw partn. r. j.eiv er.nrae.l In. such waffle, a for i nch sueh whr ia carried on sucli corjior' ti ion.

aooiatiurt. eo or nt r. on. if yanie be in a. ciiy 3iavix 1) the ifwu.s a ivpuiat ivn o'r tlfteen hundred thouan.l re.

the of If in rltv having lv mo! a population of than thousand, but more thua llv hundrt sum of $200; If in a city tavirs ly mIj r.sus iMivuiation of lees than :m.m. but nre than thie ciuai of If In a elty havir.K a ui 3'tion of Iiu: more than lo.OiO the sum of If in a rity village havir.K a ccu of than Thoutnil, hut more than five thoa.san. th sum of f'o. Then comes an off hour clause: pfln the I.usIiim of traili. klnn In liquors to be urur.k on the where solrt.

or which are so drunk lxn.n the hours of 1 A. M. ami r. A. on Sunday menilne, when the hours shall be from A.

M. 4 A. there is assi a liqur.r tax to paid by every corporation, aiwi 'iu n. copartnership or jierson. If the same be in a city of a of or more, the sum of than l.VKnto, but than $ino: 1, ss than SdUO), but more than ai.OCO.

JTfi. in aM ether It is provided, hemrwr. Hint a cerUtV ate under this sirti division only is su. to a holder a Ken era! liiiuor tax eertilldite. And It Iv further prn viOeil a wn ler snWlvislon can be granted only i.n iiriTniflcs which contain a mot ins or banqu hall, haviair an iinn of leaat square A n.l it shall lu optional with the special neputy e.

:nmi.tsie.n. rs In countios tvintain 5nr ciiy of fin class and In all other counties vi'tb a trva.un?r to gran or refuse to gran: a i I TJie loc al option section is amended by providing that when a town vote no license, such action shaii r.ot t'licrten the term for i which any liquor tax certificate may have been given Mder the provisions of this act. nor affect the rights of any person thereunder. The restriction clause, saying who sali rot receive certificates, is amended by provirling that the applicant for a restaurant license shall make a statement t'aat there is no bar cr ether place for dispensing IN quors on the premises, for which he desires the liquor vx certificate, aad that he will not serve nor intends to serve iiquors except as with meats. Section 31 is amended so as to allow Sunday selling between the hours of 3 P.

M. and 10 P. M. It is also amended to allow of t'lie granting of a special license for certain days for balls and parties at the rate of $10 per day. The rate is now and tnuch 'nigher.

Bill to Limit Height of Buildings in Hew York City. A bill Is being prepared for introduction in the Legislature, limiting the height of buildings in New York City. Last year Assemblyman Huestcd of Westchester introduced one, but it never passed. The Xew York Board of Trade and Transportation is preparing a new one which will probably be iii trcduced by Assemblyman Apgar. It will have some new provisions relative to fire arrangements.

The bill so Tar prepared will provide as follows: No building hereafter erected shall exceed L'oO reet In helnht and that no building used as a hotel or ntiartment house shall exceed jnr, feet in heiicht. These measurements shall lie from the curb level to the highest leant of the cornice or roof beams of a buildinit. iToiiortlona ie lesser heights shall lie provided for structures on the narrower streets. In everv huildinfj: erected to the jifthts of 137 feet ami over there shall bo two separate stairways adinK from the frrouml door to the roof, one of which shall be remote t'rem the el. vator shaft.

In all huikl lne 137 feet and over in helifht there shall be provided and maintained a fully jpp, auxiliary fire plant that shall be satisfactory In all respects to the Fire Department. Sunday Recreation Bills. Mr. Harburger in ine House this morninsr rnonerl in rho hiu hv 1 U1JJ recreation on Sundays. One provides that it i public in a.

iy building, garden, grounds, con cert room or roof or place within the i City of New York, any interlude, tragedy. comedy, opera, play, farce or dramatic per i formaiK c. ballet, negro minstrels, negro or i other dancing, or any part or parts therein, or any equestrian circus performance or! any performance of juggler. acrobats or p'ope dancing, between the hours of aid 1 P. M.

Another allows base ball on Sunday1 on private grounds by permission of the owner or lessee, and a third amends the! penal code in eonfcniiity with the other two bills suggestions. A Hew Anti Trust Measure. new anii trus: bill was introduced in ide to day by Mr. Green of New York City. tvmends general anti tiionopoly law in many minor ways; hut the particular amendment is aimed at the alleged illegal clause of the old law relative to Immunity of witnesses.

It provides: The of ach witness must he ub Feribed liy I ill i t. bv justice or refrv iix herein irivi.l must, at the of th. bp ertifl by th. rpt whom It thken. and shall l.c liU in the i of tfae Supreme (Vurt v.f uch county vhe Juotice who luil: thereto, an iereliib h.il! No i.rrs Ti shal: 1 eXi Ui ifl from ijueti.

i that may ti him. or tp iro.hirrlTu; any book, nix (K'cMimt'nt. writinir or thing i (juli pl to be pru'iurv'l. on th. iti that may to convict him ol" i tir ov'itilons of fhi act or of ricrinit ho imony by vltns in a i.n..C'!ir:i: this a or any hook, writing or thin? roil nee.

i Ly f. ii.I witntws fhall not u. cd or given ovMcnc airainHt him in any criminal action or j. iocc'linir. nor nhail any erlminai action or pror ainir ho hroniu Mi.

witness on account the i. stiniony so jriven by him nor or. acccur.t of any matter or' thine about wh'cli such testimony on account of t)w prod IK tic i.f any such naiM r. writing or Immunity from proM uno i unlrum. nt a crini.3 "discovered hy roa.

on of tiich. i tiniony o.r by reason of th rftrtneiNin of anv hook, oarer. document writing cr in re'iui 1 to be by a bo is uranteii to such witness. The bill introduced by A.sssemlblj inan T. P.

Sullivan this morning relating to stenographers' fees in referees' proceedings is aimed at the elevated and surface railroads in Now York City, and is, according to Sullivan, to prevent an injustice to pcor people who bring suit against railroads and who are often compelled 'to pay their own costs. Shelter at Trolley Transfer Stations. Asseoi.blyman Kred Sehmid of Brooklyn thinks Elbe trolley roads ought to provide elhelters at transfer stations and has Introduced a bill the railroads to provide them. Senator Wagner has introduced a bill for the relief of residents on nine streets in the Twenty sixth Ward have paid for improvements wlhica have never been made. The resident's under an old system of assessment have paid in four assesstnea and are undi.

of I to to cf to at at 1 a but it. The Cady Meth 11UVV, 1 JLl 1 C. CI Cady method for mini" Ovllol 1 iZ LCCLIi' A J.V i tirely successful. incLiiuu ic presents tneo ana Desr. acnievements lnS ucntisLiy aiiu masters completely.

DR. EDWARD EVERETT CADY, Dentist, 342, 2)4, 3 lfl Fulton st (corner Boerum plaoft). Telephone, Brooklyn. JOHN 8 SELL YOUNG DIES IS WASHINGTON. Librarian of Congressional Library Succumbs to Illness of Several Weeks' Duration.

WRITER, LAWYER AND DIPLOMAT His Career as a Philadelphia and New York Newspaper Man Was Minister to China. Washington, D. January 17 John Bus sell Young, librarian of the Congressional Library, died at his residence here at 9:40 o'clock this morning after an illness of several weeks. Mr. Young was at the point of death nearly all day yesterday.

This morning it was erl JOHN" RUSSELL YOUN'G. The Librarian of the Congressional Library, "tVho Died This Moriiinfr. dent that tho end was near. There was with him at his death Mrs. Young, Berkeley Young, his son; Dr.

Freer, his physician, and Ralph J. Meeker, one of the old newspaper friends of the librarian. Soon after Mr. Young's death. Assistant Librarian T.

C. Alvord appeared, followed shortly by the other assistant, Ainsworth R. Spofford. At noon no arrangements had been made for the funeral. Dr.

Freer, the attending physician, made a brief written statement that death was due to "acute Bright's disease with complications. Overwork and doo much brain work." John Russell Young was a Pennsylvaniaa by birth, having first seen tho light at Downington, Chester County. The year of his birth was 1841, when the population of Pennsylvania was little more than a million and a half, including about fifty slaves. Young was a little boy when his father removed to Philadelphia. At an appropriate age the son was admitted to the Harrison Grammar School and in 1S51 or 1S52, when his mother died, he was sent to a high school in New Orleans, returning to Philadelphia in 1855.

There he was apprenticed as a printer in the office of his uncle. William S. Young, passing quickly from the position of office boy to that of typesetter. He was scarcely 16 years old before he wanted to write for the press. In hi3 uncle's office ha met many men who have since become known to fame, at least in the Keystone State, and who, like him, first learned the art of printing before they became famous in other professions.

In 1857 the Philadelphia Press was founded and John Russell Young, already tired of type setting, became copy holder for the proof readers of the new paper, and two years later he joined the reportoriil staff of the Press. The confidence which his employers had in him led to his appointment as news editor of the Press in 1S60. At the breaking out of the war he was th man chosen by John W. Forney as his private secretary and to represent tne l'ress at vvaanington and with MacD ow ell's army. Thus he came to write the account cf the first battle of Bull Run for the Pre i and the Washington Chronicle, which to put many excellent touches to his already favorable reputation as a newspaper man.

He was with McClellan on his Peninsular campaign in 1SR2, and with Banks in the Chiekahominy campaign, after which he returned to Philadelphia, suffering from a fever contracted in Virginia. Upon his recovery, early in 1SG4, John W. Forney, the editor and proprietor of the Press, made him managing editor. In 1SC5 he resigned to accept a position under Jay Cooke aid ia floating a government loan, but was not successful, and soon found his way to metropolitan journalism, becoming an editorial writer on the Xc.w York Tribune in September of that ear, and that newspaper' managing editor in 1806. In those days he devoted his leisure time to the study of the law and in 1S67 he was admitted to the bar in New York City.

In 1SG9 the effects of his disastrous failure with the publication oT the short lived Philadelphia Morning Post, in 1S05, had had time to wear out and his ambition to be a newspaper owner having fully revived, he founded t.he New York Siaodard, which died in its infancy. It was for this paper that Mr. Young wrote an account of the pulling down of the column Vendome In Paris, which he witnessed from the window of his hotel, and which account unrivaled for years iu American journa.ism as a piece of fine descriptive writing. In 1871 Mr. Young bocfuse attached to ihe New York Herald, in tb.9 service of which paper he remained several years, and visited every country in Europe except Russia.

It was in 1S77 that General Grant started upon his memorable trip around the world, the journey occupying the greater part of two years, and upon his Invitation John Russell Voting became one of the party. After its return Mr. Young wrote his book, "Around the World With General and resumed his editorial connection in New York City. During his trip around the world with General Grant 'Mr. Young became specially interested In China and in 18S2 President Arthur aDpolnted him minister at Pekin.

He remained in China the opening of the first Cleveland administration, when he was obliged jo relinquish his po3t. He then returned to this country and engaged in literary and business pursuits. When the new Library of Congress was completed, early in 1897. President Mc Kinley appointed him librarian, which position he held at the time of his death. JUDGE HTTRD'3 RECOVERY.

Judge Hurd visited his chambers in the time since he fell ill with typhoid fever on November 14 last. He is slightly thinner, but his face shows no trace of emaciatiou and he moved about the Court House with nearly all of the sprightllnMs of last fall. Judge Hurd announced this morning that he would sit in the civil term of tho County Court next Monday. A dispatch received in New York to day says that the British steamer Turret Ag3, Captain Brady, frc Cardiff, Deoembsr 2 for New York, has arrived at St. Johns, N.

with 16 feet of water in her hold, and a survey of the vessel is being held. Iff '3SSf First Ballot to Be Taken This Afternoon, With Both Sidos Full of Fight CONTEST IN WEST VIRGINIA. House and Senate in That State Pitted Against Each Other In Other States. Harrisburg, January 17 A conference of the anti Quay Repubiican legislators was "held this morning at the Commonwealth Hotel, at which it was decided to meet daily during the contest for United States Senator. There were fifty one senators aad members of rae original signers to the anti Quay pledge present.

Senator Leech of Schuylkill, who is reported ill, was the only absentee. The steering committee reported a plan of action and Senator Martin of Philadelphia and Representative Ward R. Bliss of Delaware gave practical instruction as to the procedure for the electicn of a senator. The anti Quay leaders are claiming Representative Snyder of Luzerne, wtio is ill at his heme. Both branches of the Legislature 5ield short sessions this morning and adjourned for the purpose of taklag part in the inaugural ceremonies.

At 3 o'clock this afternoon the two houses will take separate ballots lor a United States Senator. The Senatorial Contest in West Virginia. Charleston, W. January 17 The senatorial contest that is now pending before the West Virginia Legislature surpasses in political importance anything of the kind in the history of this staie. Delegations are here from all the counties in the interest of different candidates.

With a Republican majority in the Senate and a Democratic majority in the House, there is a tendency for each body to retaliate in partisan matters, especially in settling the contests for seats. The indications are that when the contests are all settled the Republicans will have a majority of one on joint ballot for Thfe Republican senators ay they will unseat on for every member unseated in the House. The majority in the lower House retaliates with the statement that it has more members than the upper House to unseat and can play out longer on the retaliation programme. The House has not yet notified the Senate that it was ready for business, although it was duly organized last Wednesday and now is in its sixth day's session. No business is likely to be transacted until the contested seats are disposed of and probably not till after the election of a senator.

The contest is believed to be principally between Commissioner of Internal Revenue N. B. Scott and Governor George W. Atkinson. There are some who refer to Scott as the candidate of the National Administration, in which they include Senator Elklns, and to Atkinson as the candidate of the state administration.

Senator Elkins has not been here and is keeping out of the bitter fight, but hi secretary is here keeping him advised as to the so called "war on the Kanawha." While there are many Republican dark horses that are being watched, none is more formidable than Judge Nathan Gofi of the United Circuit Court. Gray and Addicks Tied for the Senate. Dover, January 1" A separate ballot was taken for United States Senator in the Senate and House at noon to day. The result was Ia the Senate: George Gray (Democrat), Addicks (Republican), William S. HllleS (Republican), John G.

Gray (Democrat). Congressman L. Irving Handy (Democrat), Colonel Henry A. Dupont (Republican), 1. In the House: Addicks, 11; Dupont, George Gray.

Handy, John G. Gray, 2. The two 'bodies will 'ballot in joint session to morrow. Senator Cookrell Re elected. Jefferson City, January 17 Francis Marion Cookrell v.

a to day re elected to his fifth term in the United States Senate by the Legislature, the two Houses vot'img separately. To morrow the election be ratified by both. Houses In joint session. Senator Lodge jRe elected. Boston.

January 17 Henry Cabot Lodge was to day reelected United States senator by the vote of both branches of the Massachusetts legislature. MARQUETTE SPRANG A LEAK. Reason Why the Atlantic Transport liner Was Seven Days Overdue. Cattleman Killed at Sea. The Atlantic Transport liner Marquette, which left London on 'the nig'ht of December 29 last, arrived at her dock on the North River at a lit'tle hefore noon to day.

The usual 'time of the steamer in crossing the ocean is about ten days, hut the delay on thi3 midwinter voyage was due to t'he tempestuous weather encountered and the fact that tine vessel carried but SOO 'tons of cargo. The seventeen cabin passengers and the dozen or so of cattle men w'hem the Mar quette broug'at back from England said that they had no fears while oc the sea, but on account cf the slow passage they were glad to reach land again. The passengers were ignorant of the fact, however, that a ieak due to the breaking of several rivets bad flooded hold No. 2 wlfh water for eight days and t'jat owing to the choking of the pipes leading to the steam pumps the latter were rendered worthicss. To keep the steamer from becoming low at the head hand pumps had to be used and these succeeded in keeping the leak from flooding the entire compartment.

The returning cattlemen were set to work at the hand pumps and in gang3 they remained at their pests until che steamer was docked. If the leak had been in one of the afterholds Captain T. F. Gates says that it would have aided iu shortening the trip, but wouid have damaged some of the cargo. Owing 'to the of the ship, which incresead as the coal was consumed by the furnaces, Oaptain Gates added that during the strong west gales which prevailed, "the Marquette was like a giant bladder on the surface ot the ccean." According to the log the steamer encountered fierce winds and strong head seas Irom the time it left England.

New Year's Day was unusually stormy and but ninety miles was covered. The first day cut from London 293 miles was logged. On January 9 another terrible day, only eighty mites was run and the ehd was blown far to the ssuth the regular lane. The ntire trip was a succession cf storms and last night while the lookouts were straimlttg their tyes for a glllmpse of the betacon at Fire Island, fierce ra'in squalls obscured their vision. At 2:30 o'clock this morning the shore signal light was dimly seen vi'd the course was changed for Sandv Hook.

When the Marquette was one day out one of the horsemen named Louis Thomas, foil through an open hatchway into the hold of the steamer. His body was found next day and was burled at sea. Frederick Deasey, another of the returning cattlemen, who says ho lives at 30 Driggs avenue, Brooklyn, complains that the hatchway should not have been left uncovered and unliglited. Thomas' relatives reside in Sixty second street, Man hattan. THE DING LEY FUNERAL TRAIN.

Boston, January 17 The train bearing the body of the late Maine statesman. Nelson Dlngley, reached this city at 7:50 this morning and started for Maine at 9 o'clock. Adjutant General Dalton conveyed to those accompanying the body of the late Congressman a message of sympathy from the state and a floral design from the commonwealth. i to a party on crown street. Cards formed the amusement of the evening.

About midnight Trouvio became involved in a dispute with his partner. It waxed so warm that the host requested the disputants to step outside to settle their differences. The two men did so, and by their loud talking attracted the attention of O'Brien. The policeman told them to on, but Trouvio, instead of moving on. drew a 38 caliber revolver and fired.

The bullet passed close to O'Brien's ear, but did ot hit him. In court this morning Trouvio was held for trial. CONSOLATION IFOR LEWIS. Olytnpla, January 17 The Fusion members of the Legislature who are in the minority have decided to cast their entire vote, 28, for James Hamilton Lewis Tor United States Senator. This vote will be cast for Lewis for two days, when a candidate will be selected.

"At the right time," it is claimed among some Republican managers, "the Fu sionists will support a Repuplican for United (states benator. BROOKLYN SCHOOL PRINCIPALS. State School Superintendent Skinner Discusses the Question of Their Eligibility. (Special to the Eagle.) Albany, N. January 17 Quite an interesting question is Involved in the decision of Superintendent of Public Instruction Maxwell, that the certificates Issued prior to consolidation, which entitled Brooklyn principals to take charge of high schools, are void, and that among other requisitions a college graduation is necessary.

State Superintendent of Public Education Skinner, when asked by the Eagle correspondent this morning whether he bad issued an opinion upon this subject, said: "No; I have not written an opinion, because both sides have not submitted briefs, but on a one sided presentation of the case I have written a letter to a Brooklyn principal in relation to the subject, in which I have said, in my opinion, that a principal's 'A' certificate, issued prior to consolidation, still holds its value and that a person holding such certificate is entitled to all the rights he then possessed and cannot be deprived of them by the consolidation act. Consequently, a person who, prior to consolidation, was entitled to be principal of a high school, is still entitled to the same privilege. It is contended that there Isn't any list of high school principals, because high schools did not exist outside of Brooklyn, but I have given it as my opinion that when a list is made up, those who were entitled to hold the position of principal before consolidation should go upon the list. There is a question of law involved here, as the charter gives the City Superintendent power to prepare rules covering all positions under the system of public education in Greater New York which the Central Board may adopt it it so desires. New rules have been adopted, consequently the courts might rule against this department and I have advised the principal whoso letter I have answered to begin a mandamus proceeding to have the case adjudicated by the courts." The reason the State Department was appealed to is because a new high school is to be established in the Eastern District and some Brooklyn principals not college graduates, who were eligible prior to consolidation, would like to compete for the appointment.

PANAMA CANAL COMPANY HEARD Its Representatives Tell tlie House Committee About Its Plan and Its Work. Washington, D. January 17 The new Panama Canal Company wa6 given a hearing to day before the House committee on commerce, in reference to its project for an inter oceanic canal. The Panama delegation included General Henry L. Abbott, United States Corps of Engineers, retired; Louis Choron, chief engineer of the company; X.

Bayard, commercial representative, and Messrs. Cromwell, Curti3 and Brown, as well as a number of technical experts of the company. Professor Haupt of the Nicarauga Canal Commission Avas also present. In the opening statement, Mr. Cromwell eummed up the Panam project as follows: "As nearly one half of the work of excavation ie actually completed, the harbors at the termini are natural, open and free to entry by vessels of the largest draft: there is an existing railroad parallel to the canal and vastly expediting the construction; the concessions, titles and solvency of the company are unquestionable.

Over 3,000 men, with a force of over 150 engineers, have been for four years and are now actually engaged on the canal work; the United States had by treaty with Colombia entered into special guaranties respecting a canal across the Isthmus of Panama; and, as all this work has been done and will be completed without the cost of a penny to the people of the United States, we have a right to assume that the Panama Canal Is a necessary, if not the controlling factor in the solution of the Isthmian Canal problem." Mr. Cromwell stated that the treaty of '46 between the United States and Colombia relating to, the Panama waterway was the first canal treaty. It antedated the Clayton Bul wer treaty by four years and that treaty was, he said, subject to the one which had preceded it. The Panama treaty assured a neutral canal for the warships and commerce of the world with special considerations for the interests of the United States. BATTER ESTATE SETTLED.

John Y. McKane to Act as Agent of the Owners. The rights of the parties in relation to the estate of Paul Bauer, involving property at Coney Island worth $250,000, which has been in litigation since 1893 and in which John Y. McKane is interested, has at last been settled by a decree in the Supreme Court. The ex penses of litigation, including lawyers' accountants, receiver's and referees' fees, have reached the sum of $40,000.

Tho action was beguu with a suit of Catharine Bauer, widow of Paul Bauer, who made a fortune at Coney Island and died and of Kate Bauer, their daughter, against John Y. McKane, James McKane and Fanny McKane, John Y. McKane's wife. Mrs. Bauer is to receive foidower $14,000.

The balance is to be divided between Katie Bauer, now Mrs. James McKane, sad Fannie tho wife of John Y. McKane. John Y. McKane is to have the control of the property, as the agent for the owners.

The parties have the right to apply at the end of the decree for construction or modification. Grout. Mayer Hyde appeared for the plaintiffs, aod George W. Broderick for John Y. Mclvano and Mrs.

McKane. OBITUARY. William B. C. Carpenter, a wholesale flour dealer and for many years a member of the New York Produce Exchange, died Sunday at his home, 31 Eldert street, in his 73d year.

He was a. native of New York. He retired from business fourteen years ago and moved to this borough. A widow, son and daughter survive him. APPELLATE DIVISION CASES.

Supreme Court, appellate division, riecond Judicial Deiinrtinum. William W. Goodrich, presiding Justice: Ednr Wlllard Rartlett, Uvlwaru W. Hntch. John Woodward, January IS Eiuinicraic il day caltn d.

Xos. 1. Per vs. Ji. illy; Cohen vs.

Ber Iln Company; IIoupp vs. Erie Itailroad; S2, Diamond tt Co. va. nHrtley; 10. Uurnett vs.

the Quill vs, Mavur, j2, Uurhauti vs. Hiackweil; 87. Brown vs. Manhattan Railway: is. Gordon vs.

Van CotT; Brennun vs. Richardson. money to build them. A certain sum was now. having been cut and slashed in all direc voted for two paths, the estimates of the i tions, that we were unable to make any com highways and finance departments being used as a basis.

lien bids were opened they were far beyond the sum appropriated. Nnw contract for only one path has ben signed, but it wili take most of the money set aside for the two contemplated. RAPID SURGERY. A Surgeon's Quickness to Act Saves a Man's Life. An operation Hospital day was performed at Bellevue on Charles Weinhold, 34 year.

i of age, of 6.rG Tenth avenue, Manhattan for what is known as "uLdwigs Augina." This is the third ease of the kind known to science and to day's operatinn Is the only one rtius far successful. Weinhold, who is a car driver, was taken to Bellevue this morning, apparently choking odcatli. The surgeons in charge at once recognized the peculiar ailment which consisted of the formulation of a c.c.scd abscess in tVie throat, which as it gradually fills presses against and closes the windpipes gradually suffocating the patinet. Without waiting to administer an anaesthetic the in charge procured a lancet and made a deep and long incision in the throat alongside the windpipe. Immediate relief followed.

The patient, a tall, powerful men. weighing 200 pounds, bore the operation without a murmur. It Is said he will recover. I as a staple remedy.