The Standard Union from Brooklyn, New York • 5

nr mom, BROOKLYN, THURSDAY, JANUARY 12, YEPAGES, Headache? The Ideal French Tonic FOR BODY AND BRAIN Endorsed by Medical Faculty efficacious agreeable 8 face M3, immediate fasting The Governor, by and with the advice and consent of the Senate, shall appoint flye citizens a board of trustees. Senator Ellsworth had a bill to create county boards to have charge of bicycle sidepaths. The members shall be wheelmen, and shall be appointed by County Judges. A bill providing for two street railroad tracks In place of one, in streets like Amsterdam avenue, Manhattan, was introduced by Ford. by some, the old greed for conquest and lust for power, then the future historian will date the decline and fall of the American Republic from the Administration of William McKinley.

But if be an unselfish; impulse to extend the reign of righteousness; to redeem the worlds waste places from the blight of despotism to widen the area of civilization; let be terrified by predictions aa to what the future historian will say. Anyhow, gentlemen, while the Hamilton Club lasts, and we get here such good dinners, however we may differ in poll-tifs and in religion, we will philosophically say with the "poet: Let the great world spin forever down the ringing grooves of Change. President McKeen first introduced ChaHton T. Lewis. Mr.

Lewis all through bis remarks fought vigorously the expansion idea. He ridiculed the stand taken by Mr, Mckeen, and argued eloquently in favor of relinquishing the Philippines. He said that if they were retained the Constitution would be Ignored. He stated thar 620,000,000 had been paid to Spain for concession of her sovereignty over the islands. The Constitution through and through was opposed to the idea of sovereignty.

The whole spirit and genius of the tJnlted States had been a contradiction of such a thing as sovereignty. 'It was out of the range of the countrys history, and the only argument In favor of it was the question, "What are you going to do with them? Holding thpm was a practical burial of the Constitution. History should not be sacrificed, neither ought the Constitution to be. Mr. Lewis said two classes of citizens favored their retention, and they were missionary Republicans and avaricious speculators.

He talked about the expense of maintaining a big army and Increasing the navy, which were quite unnecessary if the Philippines were not held. In conclusion the speaker said that every republic which had beep, taken with the conquest spirit had been cursed by it. Many republics had been ruined by the spirit. Dr. S.

D. McConnell, rector of Trinity Church, was the next He began by saying tbat it had been his misfortune all-his life to be on both sides of most questions, but in the matter of ex pansion he could safely say he was an expansionist. Speaking of the address made by Mr. Lewis, Dr. McConnell said he had never before heard an indefensible position so well defended As far as was aware, those who opposed expansion had up to the present time Introduced but two arguments to sustain their position.

One was that it was unconstitutional, and the other was that the success of the United States in dealing with its domestic problems, and especially that of governing her inferior peoples, had not been- great enough to warrant an attempt to go beyond her The country wras not ready to enter the arena of the world. In Senators Marshall and Coffey had gifts i and the expenses of any, and all condom of flowers from friends on their desks tonight. IN THE ASSEMBLY. nation proceedings, shall be borne by the city of New York: and in order to meet the same the comptroller of said city hereby directed to sell and issue, from necessary to ascertain whether the repaving of a street in the Borodgh of Brooklyn-Is included in the term local Improvement as used therein Sec. 1 of Title XIX of Chap.

583 of tbe Laws of 1888 (charter of the 'city of Brooklyn), as amended by Chap. 297, of the Laws of 1895, it is provided as follows: Sec. L. The Common Council may. upon the petition of a majority of ttye property owners or of the owners of a majority of the propet ty to be affected, by a three-fourths vote of the Board Aldermen and tbe consent of the Mayor without such petition, open, cioaei extend, widen, regulate, prade, pave, re grade and repave roads, streets, lanes and avenues, or any part thereof, either with stone of any character or with asphalt, brick, macadam, or with any other material, as they may deem expedient.

The expense of all such Improvements shall be assessed and be a lien on the property benefited thereby. In proportion to the amount of said benefit. By Sec. 48 of Title XV. of the said act, amended by Cbap.

109 of the Laws of 1895, the expense of repairing streets in the city of Brooklyn was made as general city charge, and the expense of sucb repairing was limited to the amount raised for that purposl in the general tax levy, and otherwise appropriated by the Common Council with the consent of the Mayor from unexpended balances of the previous year. By Sec. 50 of the same title, as amended by Chap, ul of the Laws of 1896, It was provided that the Board of Estimate should include year in their estimate of the amount required to be raised for city purposes such an amount as they might deem necessary and proper for the purpose of repairing and also Improving the condition of the streets and avenues of the city by repaving the same, and the amount included in thetax levy for that purpose should be expended by the Commissioner of City Works, with the consent and approval of the Mayor, in ing any street or avenue of the city or portion thereof, with granite blocks or Belgian or other improved pavement. The Common Council was also authorized to repave with asphalt, granite or other improved pavement. any street already paved at the expense of the property owners.

One-half of the cost of such repavement to be borne by the city at large and the other half by the-property benefited, wTith the proviso that in cases where a 'surface railroad was laid and operated through any such street, one-fourth of the cost of such repavement should be assessed on such railroad and one-fourth thereof on the property benefited within the district Of assessment. The Commissioner of City Works was also authorized with the consent of the Mayor, to repave or resurface any street which had been previously paved at the expense of the property owners with an improved pavement, and any street which forms a thoroughfare be-tween different parts of the city which by reason of its use ought in his judgment be repaved at the expense of the city at large. To meet the cost of that portion of the repavement so authorized, which was made a general city charge, over and above the amounts which might be included In the tax levies therefor, bonds were to be issued not to exceed, however, in any one year the amount $500,000. As a general proposition, all repavements In the City of Brooklyn were to be paid for by assessment upon the property benefited. Those cases in which a different rule prevailed were exceptional in their nature and were determined by special considerations.

I am of opinion, therefore, that the words Local Improvement as used in Section 422 of the Greater New York Charter above cited would apply to repavements provided for by provisions of the charter of the City of Brooklyn in force at the time of consolidation. There seems to be no provision in the Greater New York Charter for any repavements in the Borough of Brooklyn, except those the expense of which, either In whole or in part, is to be met by assessments for benefit. Section 422 expressly limits its provisions to those local improvements which in the old city were payable by as sessments; while Section 948, where the matter is not petitioned for by a majority of the property owners, provides that the expense of such repavement shall not be imposed upon the adjoining property; but the scope of this section is expressly limited to territory formerly known us 4he Mayor, Aldermen -and Commonalty of the City of New York It follows, therefore, that the expense of repavement in the Borough Brooklyn must be met by assessments for benefit except in so far as a proportionate amount of such expense may be placed Upon the city at large under the provisions of Section 422. and not Jn the manner provided for the Boroughs of Manhattan and the Bronx by Section 948 of the charter. As a further result it follows that a negativi answer must be given to each of tht questions asked in your communication of Aug 12, 1898.

Respectfully yours, (Signed) JOHN WHALEN, Corporation Counsel. evival of Improvement That Contractor Me Namee Did Not Get Certified. MILLBURI TO SPRING BOARD OF PUBLIC IMPROVEMENTS ADOPT A RESOLUTION FOR. AN EXPENDITURE OF MORE THAN A MILLION DOLLARS. TO BRINQ I WATER TO BROOKLYN A PLEA FOR STREET REPAIRING, FENCING LOTS, ETC.

President Holahan, of the Board of Public Improvements, when that body assembled yesterday afternoon at 346 1 Broadway, Manhattan, introduced the new member. Borough President James J. Coogan, of Manhattan. Mr. Coogan 1 was an attentive observer of the proceed ings but took no active part in them.

Except the opinion of Corporation Counsel Whalen upon the subject of repaving assessments, which is separately given in other columns of to-days Standard Union, and except the steel conduit business before the Board was chiefly, of a routine character. There was another lon opinion from the Corporation Counsel which was read and filed. It was concerning contract? for publicwork given under a commissioners order and it sustained the position that in requisitions for supplies amounting to less than $1,000, it is not required to have the authorization and approval of a resolution of the Board, of Public Improvements and an ordinancff or resolution of the Municipal Assembly. It Will "be remembered that" among the unfinished public improvements of the city of Brooklyn, when consolidation took place, was the long uncertified contract of Mr. McXamee, amounting to about $780,000 for constructing a steel conduit from Millbum Reservoir jto Spring Creek.

It appears to have got lost in the shuffle. On the 28th of last month Water Commissioner Dalton wrote to the Board of Public Improvements enclosing resolution for new proceedings in the matter, and requesting a corresponding resolution be forwarded to the Municipal Assembly for adoption. This resolution provides for a 66-inch steel pipe conduit from Millbum engine house to the gate chamber at Spring Creek, together alterations in the culverts, conduits' ahdf 9 structures connected with the workhf an estimated cost of $1,010,300, to be paid" for in bond issues. The resolution was adopted without discussion. There was referred to the Controller a communication from Chief Topographical Engineer Risse.

Mr. Risse writes in reply to action taken by the Board on Dec. 7 last, and inclosing aTccpy of a -communication from the Controller with the application of Noyes F. Palmer for appointment as engineer in charge of a branch office of the topographical bureau in Brooklyn, with aaff, at salary lows, per yeay Noyes- $3,606, Charles B. Fink, transitman, Albert W.

5aImer transitman, John Nagel, cbalnman and rodman. James Horn, chainman and axman, $500. Mr. Risse says that the appropriation allowed or Brooklyn is not large enough to warrant the establishment of a separate topographical bureau to continue the work w'hich Mr. Palmer did under the Laws of 1893, and Mr.

Risse recommends, therefore, that his application be placed on file. Long discussion followed, mostly be- tween President Holahan and Street Cleaning Commissioner McCartney, over an ordinance once adopted in the Board I and semt to the Municipal Assembly, providing that no person shall receive a permit Ao open a street for a sewer or water Connection unless such person has been regularly licensed by the Examining Beard of Plumbers. The ordinance had been returned to the Board for tbe correction of a clerical error. Commissioner McCartney said it was a hardship and aa embarrassment to many well-meaning persona to comply with this requirement. Commissioner Holahan said there was a State law that required it.

Commissioner McCartney thought that the Board should pass an ordinance giving the heads of departments the right to grant such permits and that the sooner it Was done the, better. After much discussion the ordinance was referred, Comrrfissioner McCartney voting no. Borough President Grout told the Boards that Brooklyn had had no repaving for over a year, and said it was necessary that something should be done about it There ere a large number of recommendations from the local boards whlcb should receive attention. 'President Holahan said that the Board had 700 resolutions on file with which nothing could be done until money wag set aside for the Mr. Grout said he thought the Con troller might find it possible to let them have $10,000 or $12,000 to pay the cost of numerous resolutions for flagging, fenc-.

ing lots, curbing, etc. President Holahan said there was question whether the street improvement fund in the old city of New York was applicable in Brooklyn. There were two street improvement funds, and thett' might be a balance in one or the Mr. Grout said he knew there was balance on the books of the Controller of Brooklyn of more than $15,000 in the flag- -gfng account. Commissioner McCartney said if Mr.

Grout was not mistaken, some steps should be taken to get that work pushed; -that if there was $15,000 then there must Kbe $25,000 at the present time. As a result of the discussion. Borough President Grout submitted a resolution requesting the Controller to certify to the Board whether or not he has any funds applicable to fencing or grading lots, flag-ging sidewalks, In any of the oughs, how much, and in what bo-Adopted. The Board adopted a resolu opening and extending Kifickerboci. ime.

1 City Councils Opinion, At Last, Interpreting the Charter On Assessments. IT IS DEAD AGAINST BROOKLYN. BOROUGH PRESIDENT GROUT WILL AGAIN TRY TO SECURE THE PASSAGE OF AN AMENDMENT THAT WILL MAKE THE REPAVING ASSESSMENTS UNIFORM ENTIRE, CITY MR. WHALEN EXHAUSTIVELY TREATS THE WHOLE SUBJECT. There was received and placed on file yesterday afternoon at the meeting of the Board of Public Improvements, 346 Broadway, -Manhattan, an opinion that has been looked for since last June.

It upon the much-discussed question of whether repaving in Brooklyn shall be paid for by the city at large or in part by abutting property owners. The citys counsel holds that the charter, rightly Interpreted, continues in Brooklyn the same law that prevailed here before consolidation, namely, that repaving shall be paid by the city at large, and the other half by the abutting property owners; and that in Manhattan the whole cost of repaving shall be upon the city at large. It was because of this reproduction in the charter of tbe Greater New York, in the same section, that Borough President Grout sought to correct what seemed an obvious error, by securing the passage of an' amendment that made for repaving uniform throughout the city, It will be remembered that when this amendment was sent down in due course to the Mayor he returned it to Albany without his approval, making the statement that the measure was wholly un necessary, and implying, If not saying, that Mr. Grout's contention was for a point that the charter provided for. He never pointed out whereabouts in the barter It was to be found.

Three or four members of the Commission who aided to frame the charter claimed that the section referred to w-as erroneous, and that it was never intended to make a different law for each borough. Borough President Grout said yesterday afternoon, after Corporation Counsel Whalens opinion was read, that he should as soon as possible resubmit to' the Legislature the. same amendment that was passed last 'winter, and foi the same purpose, to secure a uniform law for the entire city. It remains to be seen whether, if the amendment is passed again by the Legislature, his Honor will decline to give It his approval. The Corporation Counsels opinion in full is as follows: To the Board of Public Improvements: Gentlemen, I have received through your secretary your communication of June 17, 89S, which reads' as follows: At a regular meeting of this Board, held Qn the 15th inst the following reSo-unanlmbiisTy Kdoptfed.

lution was Resolved, That the opinion of the Cor-poration Counsel be requested as to whether repaving, in the Borough of Brooklyn, in cases w'here original paving has been done at the expense of property owners by assessment, is now to be done by the same course of procedure, and paid for in the same manner, as in the Boroughs of Manhattan and the Bronx. This jesolution explains itself. Will you kindly look into the matter and advice this Board of the result. I have also received your communication of Aug. 12, 1898, which reads as follow's: I enclose herewith copy of a statement submitted by the Commissioner of Highways to the Board of Public Im provements at its regular meeting on the 10th who directed that your opin ion should be obtained on the, following points in connection therewith.

Has this Board power under the newcharter to authorize the making of a contract for repaving streets In the Borough of Brooklyn out of any appropriation which may hereafter be made for Repaving Streets in. Borough of Brooklyn? Sections 422 and 948 refer to the above. Second Has this Board the power to authorize the making of any contract for. repaving the streets in the Borough of Brooklyn, the same to be paid for. as proposed by the Commissioner of Highways, from the appropriation for Labor, Maintenance and Supplies for 1698, in said borough? These two communications refer to the same subject.

In reply thereto I would say that except where particular reference is made to pre-existing laws, all methods and procedures relating to local improvements in the different boroughs of the1 city off New' York must be sought for In thg charter of that city. The answers to your questions, therefore, must be found in an examination of the sections of that charter pertinent to nature of the improvements under consideration that is, relating to repaving of streets in the Boroush of Brooklyn. i By Sec. 413 of said charter it is provided that, except as therein otherwise provided, any public work or improvement within the cognizance and control of any one or more of the departments of the commissioners who constitute the Board of Public Improvements, that may be the subject of a contract, must first be duly authorized and approved by a resolution. of the Board of Public Improvements and an ordinance or resolution of the Municipal Assembly, and that when a public work or improvement shall have been duly authorized.

then it shall be lawful for the proper departments to proceed in the execution thereof, in accordance with the provisions and subject to the limitations of the Charter act. By Section 524 the Commissioner of Highways is given cognizance and control of paving, repaving, resurfacing and repairing of all streets. By Section 419 it Is provided that whenever any work is necessary to be done to complete or perfect a particular job and the several parts of said work shall together involve an expenditure of more than one thousand dollars, the same shall be by contract, which contract shall be awarded in the manner provided in that section. i The repaving of street, thereforer which calls for the expenditure of more than one thousand dollars must be by contract and is within the cognizance and centred of one of the offlceis who compose the Board of Public Improvements, and must therefore be authorized by the Board of Public Improvements and Municipal Assembly. By Sec.

422 of the charter it is provided as foHow's: Sec. 422. In all cases where the Board of Public Improvements or the Municipal Assembly, or the Board of Public Improvement and the Municipal Assembly together, with or without the concurrence or approval any other board or officer, are authorized to determine that a local imfirovement is td 'be made, the said Boad or the said Municipal Assembly, or batii, as the case may be, shall determine whether any, and if any, what proportion, of the cost and expense thereof, shall be borne and paid by the city of New York, and the remainder of such cost and expense shall be assessed upon the property deemed to-be benfited thereby; and tbe assessment shall be laid and confirmed and Collected in accordance with the provisions of Chapter 17 of this act. The words local improvement as used in this section shall be construed to mean with respect to each borough of the city of New York any work payment ef which was, prior to the passage of this act, provided for bv the laws in force in such in whole or in part, by assessment upon the property deemed to be benefited thereby or the owners thereof, other assessments which are confirmed by a court of record. In construing this section It be or of as Sessions of Both Houses Resumed Last Night The Committees Named.

SENATOR FORDS SCHOOLBILL. nXED TAXATION ON REL ESTATE FOR 7 THE MAINTENANCE OF SCHOOLS -BRENNANS BILE FOR THE NEW EAST RIVER BRIDGE INTRODUCED MANY OTHER MEASURES THAT ARE OF GENERAL AND LOCAL IMPORTANCE. (Special to Th. Standard Union.) ALBANY, Jan. II.

Both branches of the Legislature held brief services 'to-night. Woodruff and Speaker Nixon announced these committees, in which the Brooklyn members fared very well. In the Senate Coggeshall seemed to be disappointed with his assignment, and because he was not placed on the Committee on Railroads, of which he had long been a member. He asked to be relieved of his assignment on the Committee on Commerce and Navigation. Senator Marshall is chairman of the Committee on Printed and Engrossed Bills, and a member of the Committees on Judiciary, Cities and Public Education.

Davis is cnairman of the Committee on Military Affairs, and on Cities, Forest, Fish and Games and Indian Affairs. The full list of assignments follow: SENATE COMMITTEES. Finance Higgins, Raines, Malby, Biown, Krum, Stranahan, Humphrey, Armstrong, Martin, Plunkilt, Douglass. Judiciary Brackett, Krum, Davis, G. Brown, Ford, Marshall, Ellsberg, Thornton, McCarren, Mackey, Mitchell.

Cities White. Fold, Davis, G. Marshall, Davig, D. Ellsberg, Feeler, Ahearn, McCarren, Rice. Railroads Raines, Parsons, Cahoon, Wilcox, Brackett, Coggeshall, Goodsell, Davis, D.

Featheison, Coffee and Douglass. Codes Malby, White, Ford, Coggeshall, Brown, Ellsoerg, Donnelly, Graney, Mackey. Taxation and Retrenchment Krum, Higgins, Stranahan, Humphrey, Johnson, Sherwood, Foley, Cullen, Boyce. Commerce and Navigation Ford, Parsons, Coggeshall, Johnson, Feeter, Ambler. Sullivan, McCarren, Canals Davis, G.

White, Humphrey, Wilcox, Armstrong, Sherwood, Foley, Ramsperger, Havens. Insurance Parsons, Raines, Malby, Johnson, Thornton, Ambler, Ahearn, Graney, Donnelly. Miscellaneous Corporations Coggeshall, Wilcox, Malby, Cahoon, Goodsell, Mun-. zinger, Sullivan. Banks Humphtey.

Cahoon, Feeter, Willis, herwood, Norton, Wagner Penal Institutions Wilcox, Davis, G. Humphrey, Cahoon, Thornton, Foley, Martin. Forest Fish and Game Laws Brown, Cahoon, Malby, Davis, D. La Roche, Havens Internal Affairs of Towns and Counties Feeter, Krum, Ambler, Willis, Armstrong. Norton and Boyce.

Public Fdueatlon White. Farsons, Brackett. Marshall, Goodsell, Sullivan and Cullen. Public Health Johnson, Krum, WiKox, Willis, Feeter, Boyce, Ramsperger. Military Affairs Davis, D.

Cogge-shall. Malby, Armstrong, Thornton, Coftee, Plunkitt. Revision Ellsberg. White, Brown, Thornton, Feeter, Douglass. Munzlnger.

Printed and Engrossed Bills Marshall, Ford. Brown. Wagner, Ramsperger. Affairs of Villages' Goodsell, Brackett, Humphrey, Havens, Norton. Agriculture Ambler, Cahoon, Willis, Rico.

Graney. Privileges and Elections Thornton, Brackett, Ambler, Donnelly, Mitchell. Public Printing Sherwood, Armstrong, Ellsberg, Munslnger, Coffee. Indian Affairs Willis, White, Davis, D. Featherson.

Martin. Roads and Bridges Armstrong, Krum, Coggeshall, Norton, Wagner. Trade and Manufactures Cahoon, Johnson, Willis. Featherson, Mackey. Rules Ellsworth, Raines.

Grady. Senator John Ford 'introduced an important teachers' bill, affecting Greater New York. In a general way it increases the powers of the General Board of Education and of the Superintendent of Schools. It provides that a special tax levy of four mills on the dollar shall be levied on all real estate which the Board of Estimate shall not interfere witA. All female teachers must be retired at the age of 60 years, and all male teachers at the age of 65, unless the Superintendent shall certify they are able to continue longer.

Instead of the present plan for the division of school moneys, $100 to each teacher and the balance on days' attendance, $600 shall be set aside for said teacher and the on days attendance. This will benefit Brooklyn and the smaller boroughs. A truant school shall also be maintained in the Borough of Brooklyn under the charge of the General Board of Education. The minimum salary to be paid any teacher is $600. Ford introduced several other bills.

One has Reference to the police pension fupnd. It provides that alt employees of the Police Department shall be pensioned, on the same basis as members of the uniformed force. Senator Ford introduced a bill to amend the Banking law in relation to building and loan associations, repealing Chapter 96 of the Laws of 1873, and Chapter 556 of the Laws of 1887, and Article 6 of Chapter 689 of the Laws of 1892, except as to such associations now organized under either of said acts. Ford also introduced a bill to repeal Sections 18024 to 18038 of the New York Consolidation act and the acts amendat-cry thereof, relating to mechanics liens on account of public improvements in the city of New York, as constituted before the taking effect of the Greater New York charter. A fourth bill by Ford provides that after the passage of this act a married woman hall have a right of action for injuries to her person or character and injuries arising out of the marital relation In all cases in which an unmarried woman or husband now has a right of action by and she will have the same right of and the same remedy against her whether separated from him by lecree or not, for any and all of Hes a a against any other per- Davis introduced a bill Vgrlcultural law so as to ng of a compound ma-or butter, with animat lls, nor make or man-vinous substance not or cream with the -e as butter or cheese nllk or cream, or Possession with such ther provides that be labeled as such, troduced a bill lu- as a city, iced the bill which creating a State "-ounty boards.

iduced a bill tbe Forest lountalns for tuberculosla The Hamilton Club jHolds Its Annual itexanderj Hamilton Birthday; Dinner EXPANSION WAS DISCUSSED. IMPROMPTU SPEECHES MADE ON THE PROBLEM OF TERRITORIAL ri AGGRANDIZEMENT FOUR OF THE SPEAKERS FAVORED EXPANSION, WHILE THREE EXPRESSED THEMSELVES AS OPPOSED TO IT JUDGE GAYNOR REFUSElj TO BE DRAWN INTO THE DISCUSSION. The annual Alexander Hamilton birthday dinner was given Hast night by the Hamilton Club. It differed very greatly from all the previous dinners in that the addresses, except the jone delivered by President James McKeen, were informal, rnd all upon one subject expansion. Following the feast tfier was quite a free expression of opinion on this important matter, some of the speakers advocating it while others argued against the advisability of such a and contended that it was unconstitutional.

The' President had, while the dinne was in progress, notified the gentlgrijen upon whom he would call. He endeavored to persuade Judge William J. Gaynor to express his views, but the Judge could not be drawn into the discussion. president McKeen, Dr. S.

D. McConnell! rector of Trinity Church; Frederick Wesson and Dr. Truman J. Backus, of Packer Institute, were the advocates of expansion. The opposing side was taken bjj Charlton T.

Lewis, a former member of 1 the club, who now lives in New Jersey William J. Coombs, president of the Manufacturers Trust Company, anct George M. Olcott. President McKeens address was in part as follows: Gentlemen, The committee have, I think, wisely decided that our post-prandial menu to-night shall be an old-fashioned Hamiltonian idepate on the grave political situation growing out of the Spanish ar, rather a Hst of formal toasts. The purpose ilrto evoke a free of opinion from members, of the club aqd from strch guests adware casually present.

Iuoccuis to me to say a few preliminary words on some phases of Alexanders Hamiltons career, which seem to have a bearing on the present situations more particularly on some of the constitutional aspects of the matter, 5 now engaging such earnest attention in the United States? Senate. Although Hamilton was no doubt in measure the author of Washingtons farewell address, which certainly preaches conservatism In the matter tof foreign relations, I am impelled to contend that Hamilton was in his time, and would be time, an. expansionist. He certainly belonged to an expansive school in constitutional law, and claimed iffor the Government that Federal supremacy and Federal sovereignty, which fought its way up from the beginning, and finally triumphed Appomattox. Hamiltons relation to the great case of McCufloeh vs.

Maryland at once illustrates hi? 'legal views, and exemplifies his capacity and genius. That cas4', ks all lawyer remember, is the catena which the United States Supreme Coutf held valid the charter of the Second United States Bank. Thu opinion of Chielf Justice Marshall in that case is pre-eminent among the luminous opinions vindicating the nationality of the United States, and the sovereign power of its government. The opinion followed In its reasoning the brief of Mr. Webster, and the brief of Mr.

Webster, as has often been noted, followed the argument of Alexander Hamilton ih support of the chartef of the first United States bank. Thatf first banl as you all remember, was one of the distinctive measures urged by) Hamilton when first Secretary or the Tneasury. The bill incorporating had? passed both Houses of Congress and had come to Washington for lus approval or veto. Jefferson, Secretary of Stater and Randolph, Attorney-General and legal both vehemently opposed! the bill on the ground that power to incorporate a bank was not among the emjmenated powers of Congress. With them concurred Madison.

In this dilemma Washington wrote requesting Hamilton's views. He received the next day that famous argument just referred to. In (sending it Hamilton Wrote the followingllfetter; The Secretary of the Treasury pnesents his respects to the President and sends him the opinion required, which ocoupied him the greater purt of last Washington promptly approved the bill, and it is a curious and interesting fact that the constitutionality of the first bank chsrter was not questioned in the courts. The bank lived out its corporate life of twenty years. It extension was defeated, on political grounds, by the casting vote of Vice-President George Clinton in the Senate! A word further to remind you, in this connection, how public opinion, ad intelligent public opinion, has vibrated on such constitutional questions.

So great was the embarrassment to Mr. Madisons Administration in the war of 1812 in the want of. a bank, that the char ter for the second bank became an administrative measure of his second term. It was supported! by the Jeffersonians, and Madison himself approved the act of incorporation, whidh is the one assailed in McCulloch vs. Maryland.

When ten years later Jackson revived the controversy, Madison was severely chided for having approved act. He defended his course by reference to the general public acquiescende in Hamiltons first bank. 1 In a letter to Harrison Grey Otis. Jan. 23.

1799, Hamilton, wrote, referring to Florida and Louisiana: I have long been in the habit of considering the acquisl-lion of thoss countries as essential to the permanency of the Union. You will search theipubilshad writings of Hamilton in vain fqrany opposition to the acquisition of Louisiana by Jefferson. Thediit ter condemnation of that Act of Expansion came from the wing of the Feferal party hich followed the fortunes of ohn Adams. I cannot myseff think hat Hamilton, if now living, would share? tbe narrow views upon United States sovereignty so earnestly and ablywd by Senator Hoar and Judge Edmunds. I am speaking now of power, not of the expediency of exercising it.

The Idea that ini the event of another war with England the United States would seize Canada. Is an idea which has been entertained for years. No American statesman has ever heretofore suggested that in such an emergency Canada could not be seized held, even though ife citizensjnighTTor! a time refuse their ridiculous to suppose that in such an emergency a conquering army must withdraw before the threats of recalcitrant Canadians! How ridiculous to suppose that in such a contingency as the cession of Canada to the United States as a condition of peace, the Congress of the United States could not legislate as to the territory and as the people in it! Now, gentlemefc. I will not be rash enough to say what Alexander Hamilton wouhi do or say about these islands at the Antipodes. Some of us can sympathize with the pious old.

lady who, recently hearing a jdiscussion on the subject, exclaimed: IT alius wondered how the Apostle Paul tame to write an epistle to them I will only venture to say this: TheTIberties of Holland have in no degree been impaired by the Malayan Empire. Neither have the liberties of England Impaired by her empire In Hindustan. the American eagle feels cramped caoined, coffined, and con fined in this narrow continent, dont clip his wings, but let him fly! This much do seriously say and 1 use the paraphrase with all reverence; The spirit of Alexander Hamilton teaches us that the Constitution was; made for the American people, not the American "people for the Constitution. Ail forms of government; all political parties and political powers are but the scaffolding used in building a perfect society; making the widest freedom for individual development, If (his apirit of expansion be as Is said Ing for such purposes, which deed shall be executed by the comptroller of the city of New York for and in the name of such city, recorded in the office of the register of the county in which such lands are situated. Sec.

5. The cost of constructing said bridge and the approaches and appurtenances thereto, and of the acquisition of the necessary land and rights of way and rights and property of every description, including all expenses of the commissioners and their counsel, salaries of engineers, surveyors and other subordinates, and compensation of the commissioners. time to time, upon the requisition of said commissioners, "a corporate stock of the city of New York sufficient to realize the sum certified by such commissioners to be then required. The corporate stock so to be issued shall be signed, sealed and attested as is required With respect to the corporate stock of said city generally, and shall be payable not less Chan ten nor more than fifty yearsrfrom the date thereof. as the comptroller may determine.

The said commissioner shall, in each requisition, specify the extent to which it is ncssary that such corporate stock sh be then issued far Idle purposes aforesaid, and no other authorization for the issue thereof shall be required. The proceeds from the sales of such stock shall he paid to the chamberlain of said city, and shall be drawn and paid for the purposes authorized by this act, upon itemized vouchers duly certified by the president and treasurer of said Commission. The amount of the monthly payrolls shall be paid to the treasurer of the commission; The chamberlain shall also, from time to time, pay to such treasurer such sums as the said commission may certify to be necessary for incidental expenses, not exceeding the sum of $5,000 at any one time. Such commissioners shall each receive for his services a salary at the rate of $3,000 per annum, payable in equal monthly installments. Sec.

6. Such bridge, when completed, shall be a public highway for the use of street, surface and elevated railroad cars, for bicycles and foot passengers. No car of any railroad company shall cross such bridge except upon the following terms: All track structures, wires, posts, supports, machinery and structures of every kind necessary for such cars or the operation or transportation thereof shall be paid for by the company or companies using such bridge, the intent being that the city of New York shall provide a highway only; and all expense of a railroad approach or approaches for cars to such bridge shall be paid for by -the railroad companies using the same. All expenses of maintaining. repairing, renewing or keeping such bridge (other than police protection) shall be paid by the railroad companies using tbe same.

The commissioners appointed as hereinbefore provided may contract with railroad companies for the right to use such bridge for the purposes aforesaid, and may fix a rental according to the number or size of cars, or according to the number of passengers carried by the respective companies. Such rental shall, be so fixed as always to provide a revenue sufficient to meet and pay all charges for maintenance, repairs, preservation and protection of such bridge; and such further or other rental as such commissioners shall deem In the public interest. All surplus rental shall be applied to the payment of interest on the corporate stock issued pursuant to the provisions this act. Sec. 7.

Any street, surface or elevated railroad company that has made such a contract and that has a railroad in operation in the borough of Brooklyn, within 1,000 feet of the terminus of such bridge, may purchase or acquire by condemnation any land or interest in land necessary for a proper approach by its cars to such bridge, or for a proper exit therefrom in the borough of Manhattan as far as Park Row or Third avenue; and any such rail- road company that 1b operating a surface or elevated railroad in the borough of Manhattan east of Broadway may also purchase or acquire by condemnation any land or interest in land necessary for a proper approach by its cars to such bridge. But no such approach shall be so acquired or made except upon lines and elevations and in the manner al-a lowed and approved by such commission-? era. Sec. 8. Within one year after the said bridge shall be completed the said commissioners shall make their final report of all the matters connected therewith, all expenses incurred and all payments made, and shall file a copy of the same with the comptroller of the City of New York, and thereafter its control and management and the exercise of all power here given so far as such power has not been executed, shall be vested in the department of bridges of the city of New York.

Sec. 9. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 10.

This act shall take effect immediately. Committees were announced as follows: ASSEMBLY COMMITTEE APPOINTMENTS. Waj.s and Means Messrs. Allds, of Chenango; Kelsey, of Livingston; Sears, of Franklin; Costello, of Oswego; McEwan, of Albany; Hill, of Erie; Miles, of St. Lawrence; Witter, of Tioga; Greenwood, of Wayne; Palmer, of Schoharie; Kelly, of Albany; Fitzgerald, of New York; Bar rett.

of Erie. Judiciary Messrs. Kelsey, of Livingston: Fish, of Madison; Martin, of Oneida; Patton, of Erie; Cowles, of Otsego; Wilson, of Kings; Fowler, of Chautauqua; Rddenbeck, of Monroe; Fallows, of New York; Heller, of Chemung; Mclnerney, of Kings. General Laws Messrs. Fish, of Madison; Burnett, of -Ontario; Murphy, of Montgomery; Patton, of Erie; Cowles, of Otsego; Cottle, of Onondaga; Ware, of New York; RtMenbeck.

of Monroe; Roberts. of Jefferson; Kane, of Erie; Roche, of New Yoik; Sage, of Greene; Poth, of New' York. Revision Messrs. Couehtry. of Albany; Rogers, cf Broome; Collier, of Kings; Delaney.

of Onondaga; Rodenbeck, of Monroe; Slater, of New Yk; Graham, of Orange: Martin, of Oneida; Bahford. of Columbia: Gale, of Queens; Henderson, of Westchester; Sage, of Dillon, of New York. Codes Messrs. Hill, of Erie; Delaney, of Onondaga: Paris, of Washington; Bedell. of Orange: Lewis, of Monroe; Davis, of New York; Sands, of Cortland: Collier, of Kings; Redtnglon.

of New York; of New York; Dillon, of New York; Brown, of Rockland; Sharkey, of New York. Taxation and Retrenchment Messrs. DeGraw, of Kings; Whipple, of Wyoming; Paris, of Washington; Russell, of Rensselaer; Vincent, of Broome; of Cattaragus; Gardiner, of Monroe; Sand-ford, of Kings; Sabine, of Onondaga; Schmidt, A. of Kings; OConnor, of (Continued on Third- Page.) MANY PEOPLE CANNOT DRINK coffee at night. -It spoils the sleep.

You drink Grain -Q when yuu please and sleep like a top. For Grain-O does not stimulate; it nourishes, cheer and Yet It looks and tastes like the best coffee. For nervous persona young people and children Grain-O Is the perfect drink. Made from pure grains. Get a package from your grocer to-dey.

Try it la place of coffee. ui ate. 1 Assemblyman George W. Palmer, in the lower house, objected to the recognition I of Mr. Hill, of Erie, who did not qualify last week.

The matter was referred to the Judiciary Committee; Mr. Schoeneck, of Brooklyn, introduced a. bill to grant bronze medals to all voU unteer soldiers and sailors who served during the late Two bridge bills were introduced by Assemblyman Brennan, on the lines outlined in The Standard Union. One nullifies the action of the municipal authorities. The other provides for a bi-partisan commission to build a new East River Kollo wing la the text: i An Aet to authorize the construction a bridge over the East River, in the city of New York, and to provide for the use thereof by railroad companies, bicyclists and toot passengers.

Ihe People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Immediately after the passage of this act the Governor of the State oi New York shall appoint six citizens of said city, not more than three of whom shall be of the same political faith on State and National affairs, a commission ter the purpose of constructing a permanent suspension bridge over the East River, as hereinafter provided. Said commissioners shall appoint one of their number to be president thereof, one to be secretary and one to be treasurer, and they may employ counsel and appoint such subordinates and clerks as may "be necessary and fix their compensation; they shall have the power to make reasonable rules and by-laws and shall keep a record of alt their proceedings: they shall present a monthly statement of their receipts and expenditures, duly verified by the president and treasurer, to the Mayor and Comptroller of the City of New York. In case of the death, resignation or refusal to act of any of the six commissioners herein authorized to be appointed, the vacancy shall be filled by an appointment to be filled by the Governor. No person shall be appointed to fill -any such vacancy unless he is a citizen and elector of the City of New York.

Sec. 2. The said commissioners shall forthwith proceed to prepare a plan of a permanent suspension bridge adapted for the use of street surface and elevated railroad cars, bicycles and foot passengers, to be constructed across the East River, from the Borough of Brooklyn, between Fulton Ferry and the Navy Yard, to the Borough of Manhattan, in the city of New York. Such plans shall show the necessary approaches to said bridge, the land or interest therein necessary therefor, the height and such other particulars relating to said bridge, including pier and abutment 89 may be required for the purposes aforesaid; and such commissioners are authorized to employ competent engineers and to invite the submission of plans of construction and estimates of the expense thereof; and they may have public hearing In regard thereto, if they so determine. After due consideration they shall adopt such plan aa to them may seem the best adapted to carry out the purposes authorized by this act.

and may from time to time amend the same, and shall sign the came and all amendments thereof, and shall file copies theteof, so signed, In the office of the department of bridges of said city, and they shall retain the originals thereof as pan of their records. Such commissioners shall have the right to examine, use or copy an plans, calculations or data or any kind for a bridge across the East River belonging to said' city, or irf the possession of any board, officer or public corporaton constructing or controlling a bridge across such river; and they may: by a two-thirds vote of their number, purchase, or acquire, ai hereinafter provided, the rights, fran rhiSos or nroperty of any corporation that fcasHhe right or franchise to construct a bridge across the East River within the limits specified in this section. Sec. $,. Upon the adoption and filing of such plan or amendment thereof, such commissioners shall proceed, in accordance therewith, to construct such bridge, the requisite approaches and all the appurtenances thereto; and for that purpose such commissioners are authorized to enter into contract, to employ engin eers, surveyors and all ether needful subordinates, to purchase, receive, hold and use such real estate or interest therein as may be necessary and convenient to accomplish the object authorized by this act; and they may, by their surveyors, engineers or officers, enter upon such real estate, sites and locations, and take possession of the same In the name of the City of New York.

The title to all such real estate or interest therein" shall be taken in the name of the City of New York. A11 such real estate, interest therein, casements, sites or locations, except such as may be dedicated to the purposes of said improvement, may be purchased of the owners or ownerat a price to be mutually agreed upon; and such commissioners shall have the right to acquire the same 4n the manner and by the special proceedings provided for the condemnation of eal property by Chapter 23 of the Code of Civil Piocedure of the State of New York, and any acts amendatory thereof or In addition thereto; and such commissioners shall not be required to state in their petition or to prove that they had been unable to agree with the owner or owners of said property for the purpose of purchase of the same, or the reason of their inaollity to maice the purchase thereof. Sec. 4. The said commissioners are also hereby authorized to acquire so much of the land under water or otherwise of the East River as may be necessary for the construction of the piers and towers of the bridge hereby authorized to be constructed.

and ifany portion of the land under, water or otherwise so required shall be or shall become the property of any individual or corporation, the Ram may be taken and acquired by proceed tngs under the condemnation act, as above provided, and the commissioners of the land office of the State of New York are hereby authorized and directed to convey to said city such land under water as may be necessary for the construction of said bTidge, and which may till remain the property of the State; but nothing In this act shall be con strued to allow the commissioners hereby appointed to take or acquire any lands under water or above water, which, at the time of the passage of this act, are owned or leased and used as a ferry by any corporation under the laws of the State of New York. Any land belonging to the city of New York situated on the East River or under the water thereof and necessary for such bridge shall be set apart by a deed of dedication In answer to the first argument. Dr. McCon- nell said that no Constitution which had ever been completed at any time was a finale. Unforseefi things and changed conditions made it neccrsary to alter con stitutions.

All just government S' as derived from the consent of the people and jf the people wanted a constitution changed thfjy were entitled to have it changed. The speaker said the American people had "been told that they were the last on earth who deal with an inferior people. Before going into the world the Indian and negro problem should be solved. The argument had gone long enough unchallenged. Citizens of the United States had been led Unwittingly to think less "of thetnselveS than the facts warranted.

No nation had ever dealt so successfully with an inferior people as hail the Americana The government of the Indians had been characterized by patience, fairness, forbearance and indul gence. No other nation would have done for the Indians what the people of the United States had dene. Wrongs had been committed, of course, but they must occur. The speaker said It was true that the negro had been in slavery two cen turies, but it was at a time when the world did not appreciate the moral wrong of it. They were set free at a cost which no other nation would have paid.

They were taken in partnership by the white people, and year after year had been nursed along. The negro had traveled as far along the path of civilization in thirty years as any other race emerging from savagery had done in 500 years. Mr. McConnell said that no other nation was better equipped to deal with the problem which the Philippines offershan the United States, In concluding, he said he believed that the whole country was in a movement which no man or set of men created or could control. George M.

Olcott was then introduced by the president. He said he thought there would be a scarcity of anti-expansion argument; but, fortunately, Mr. Lewis had furnished enough to keep the expansionists guessing for the remainder qf the evening. He could see no good that would result to the United States or to the Filipinos by the former's retention of the Philippinea He believed the ex pansion craze would soon pass away. Frederick Wesson was introduced as person who had had experience abroad' and was acquainted with English colonial life.

He thought expansion a good thing, but long and careful consideration should be given the matter before the step was taken. President t'iHiam J. Coombs, of the Manufacturers' Trust Company, was the next speaker. He talked against expan sion, and, among other things, said the United States had no right to buy from Spain the remnant of her authority in the Philippines. Mr.

Coombs devoted most of his time to a discussion of the Gov ernment's finances, arguing that it was quite unable to meet the demands which additional territory, a larger army and navy, would require, The last speaker was Dr. Truman Backus, of Packer Institute. He favored expansion, and after a brief talk on it, gave an outline of the probable stand Alexander Hamilton would take were he living to-day. According to Dr. Backus, Hamilton would have favored keeping the Philippines.

Those at the dinner were: Samuel Rowland. J. M. Kaos. G.

H. Coutts, W. Kellogg. J. E.

Leech. Gi G. Brooks. R. C.

Peabody. L. De Coppet Berg. L. B.

Reed, J. G. Johnson. A. L.

Low, J. D. Pray. D. H.

Downs. A. L. Taylor, W. D.

Wade, D. D. Jackson, A. H. Van Cott, C.

D. Me neely, Lincoln Van Cott, L. W. Naylor, H. C.

Hardy. R. F. Tllney, R. Ormiston, W.

J. Coombs, W. H. Nichols, S-. H.

Steele, L. Oatman, F. B. Pratt, C. M.

Pratt, J. N. Partridge, C. Zabrlskie, A. H.

Bogardus, James McKeen, C. T. Lewis, W. J. Gaynor, Rev.

S. McConnell, J. W. Flake, G. G.

Reynolds, F. A. Ward, G. M. blcott.

W. H. Wallace, T. E. Smith, F.

A. Guild, G. H. Southard, C. B.

Davenport, F. W. Moss, S. 'D. J.

S. Turner, F. L. Eames, Peter Mallett. Truman J.

Backus, Charles A. Schteren, A. G. McDonald, W. L.

Ogden, Crowell Hadden, M. C. Ogden, E. T. Howard, Henry N.

Whitney, R. Woodward. F. E. Dodge.

C. L. Middleton, J. W. Hyde, F.

L. Stuart, W. C. Beecher, C. N.

Judson. J. Condoa, Henry Tunstall, Ipaur H. Cary, Ernest Greene, Thomas A. Wagstaff, W-.

H. Zelg-ler, F. Wesson, R. H. Turle, Clinton L.

Rossi ter, C. A. Murphey, C. H. Edgar, F.

M. Moffat, V. A. Loeser. W.

S. Tuttle, Clark Burnham, E. Gladwin, Frank A- Moors. RACING MAN LOST HIS SUIT, BULMER SUED FOR 1.000 SALARY AT A RACE TRACK. Ex-Assemblyman George E.

Bulmer, of Long Island City, brought suit yesterday in the Supreme Court there against Mich ael Seitz to recover $1,000 under an alleged' agreement made between them in 1894. I appears that Bulmer was made president of a corporation known as thq Horticul tural and Agricultural Society of New town. The object of the corporation was to hold series of horse races on the old Uaspeth race track, in connection with an exhibition1 of flowers, vegetables and live stock. The fair was advertised and epened, and there w'as a decided contrast between the list of exhibits and the length of the racing cards. The affair struggled along for a week and was forced to close up.

It was said at the time that it was simply an attempt to get around the law that operated against the mushroom race tracks that sprang into existence during that year. Bulmer sued for salary amounting to $1,000. Judge Gar-retson dismissed the case on the ground that Bulmer, as president of the corpora lion, could not receive a salary from an outside party. DAKIN POST INSTALLATION. THE RETIRING OFFICERS GIVEN SECOND TERM.

The annual installation officers Gen. Thomas F. Dakin Post, No. 206, G. A.

wa.s held fuesday evening-in Heiser Assembly Rooms, 156 Broadway, E. The installation was public in its character; a large number of the friends and relatives of the members of the post, among them many ladips, being present. Past Commander Joseph Kay, of Winchester, Post, assisted by higvstaff, was the installing officer. It is customary Wjth Dakin Post to give its boards of officers a second term, and as a result the retiring board was Inewly installed. They were: Thomas F.

Travers, commander; Edward Knox, senior rice-commander; Lewis Samuels, junior vice-commander; Thomas E. George, surgeon: Philip Rothman, quartermaster; Henry VoskoskV, chaplain; George Thomas, officer of the day; Theodore Jacobs, officer of he guard; John M. Petersen, adjutant; James Malone, sergeant majr; John Keeler, quartermaster sergeant. Addresses were made by Commander Travers, Past Commander Kay. Counsellor Philip D.

Maher, and ex-Fire Commissioner John Ennis. The latter told how he had taken care of the veterans when he was Fire Commissioner, in regard to giving their applications preference over others. Miss Holwell, rendered a patriotic song very prettily, while Miss was clever in songs and dances. A felicitous speech was made by Capt. John J.

Raczkiewiz, of George G. Libbey Camp 135, S. V. A reception and collation followed the well arranged programme. Bcaaty Is Bivoa Deep Clean blood means a clean skin No beauty without it.

Cascarets, Candy Cathartic clean your blood and keep it clean, by stirring up the lazy liver and driving all impurities from the body. Begin today to banish pimples, boils, blotches, blackheads, and that sickly bilious complexion by taking Cascarets, beauty for ten cents. All druggists, satisfaction guaranteed, 10c, 25c, 50c. A i CURIOUS FACT. Numerous arbitrations In the past teen years have declared the New Central the only first-class line betwee.

New York and Buffalo. No wonder that It carries the bulk of the first-class travel Its trains are fast and luxurious. Ill tracks are four in number, and smooth a floor. Its equipment up to, date. Its -power is superior to any ottver In th, world.

You step from the- ear upon the platform of Grand Centpsl Station tn -ths- centre of tbe second cityrflpRthe and on no other line from the West can this be done. Its motto-hkt-'of 'ftif'-ESrW pirs State "Excelsior. The Philistine. jr Al.