Oakland Tribune from Oakland, California • Page 2

OAKLAND TRUNS APRIL 11, 1912 THURSDAY EVENING. Spring Medicine iir SCEI OF UPROAR Please MOOSE TO PAY TRIBUTE TO THEIR DEAD LODGE TO HOLD MEfvlORIAL SEIZES Girl's Coats 34 Lengths in Blue Serge White 5erge Hair Line and Fancy Mixtures We've just received a Special lot of the very newest Girls' Coats that include the most popular and wanted materials. All. are the very latest models and all are notable for workmanship and perfect tailoring. iff-' ill I -V' A.

III III if I 1 SUN GREETS BIG LEAGUES AT OPENING OF SEASON Gteal Crowds I end Initial Games in Several Eastern Cities J. TREAGER, who is the dictator of Oakland Lodge, Loyal Order of Moose. Page 1) third base, Callahan left field, Bodl center field. Zeider first base, Mattfck right field, Weaver shortstop, Sullivan catcher, Walsh pitcher. St.

Louis Shotten center field, Austin third base, Stovall first basn, -Laporte second base, Hogan left field, Pratt right field, Halllnan shortstop, Stephens catcher, Pelty pitcher, ST. LOUIS VS. PITTSBURG, ST. LOUIS, April 11. Plttsbura -and St Louis opened the National." league championship season here this afternoon.

Harmon and Bliss looked after the battery work for the locals, opposing Campits and. Gibson of the visitors. The local team won nine games out of twenty-two played with Pittsburg last season. A Every member of the St Louis tiam was In good condition for the game as the result of the spring series with the local team of the American league. The batting order: St.

Louis Hugglns second base, Ellis left field, Oakea oenter field, Ko-netchy first base, Evans right field, Mowrey third base, Hauser shortstop, Bliss catcher, Harmon pitcher. Pittsburg Byrne third base, Carey left field, Donlln right field, Wagner shortstop, Miller first base, Wilson center field, McCarthy second base, Gibson catcher, Camnits pitcher. NEW FACES IX LINEUP, CLEVELAND, April 11. Pjltrolt and Cleveland opened the local American league season under Ideal Dcmpsey and Judge George There la no other season when medicine is so much needed as in the spring. The blood is Impure end-Im poverished a condition Indicated oy pimples, boljs and other eruptions on the face and body by deficient vitality, loss of appetite, lack of strength.

The great spring medicine, according to the experience and testimony of thousands annually, la Hood's Sarsaparllla It purifies and enriches the blood, cures eruptions, builds up the system. Get It today in usual liquid form or chocolated tablets -known as Sarsatahs, Aged Pair of Berkeley Wed in Evening of Life to Lighten Burdens of Each. (Continued From Page 1) that time I happened alone. I was peddling books for the church and. making a comfortable living, so I put her In the way of doing the same.

EFFECT OF PEDDLIXG THLXXEVG She Is very stout, you know weighs 300 poundsand Inactivity was making her sick. Well, she got to peddling the books and the exercise helped her along. Because of this she was very grateful to me. I saw she was of a very affectionate na ture, and I tried to keep all thoughts of marriage out of her mind. But she kept urging It with me and I didn't know Just what to do.

She saw that I was very' lonesome, living down here In this cabin of mine all by myself. Naturally, woman-like, she thought she could make me more comfortable, and! that we would be very happy together. Still I waa In doubt and I said to her several times: 'Now, none of that: not with me: I'm an old man. Let's not think about that-' "But do you know, I Just couldn't change that woman's mind? And all all the time I was getting to feel more and more kindly toward her, and It got so I thought maybe it would be best, after all. So I took the minister of our church aside one day and tald him all about it.

He said he could see no objections at all. After that she and I decided It was best for both of us to get married." SON OBJECTS. Having come to this momentous decision finally, McCoon decided to take his family Into hla confidence and approached his son with a sketch of his plans. The son raised immedi ate and decided objections. McCoon continued his narrative thus: "He said we shouldn't get married.

6wn 130 In this little cabin and he owns the rest, and he said if we got married we could not live here. Well, that meant I had to find another place. But It made me so maq to have him actlns that way that the more I thought about it themore I decided we would Just fool bim a bunch. I talked It over some more with her and we decided we'd get married and Just see what he would do. So vesterday afternoon we got a minister and eot marrlert flown at her house and stayed there.

This mornine I came un here to tidy things around a bit. but I sruess this Is about the last day I'm going to stay nere, WIFE L1K-S "My wife's son advises us to find a flat and furnish it up, ana says ne pay the rent for It Well, I guess that's the best plan. Between her and me we can make a pretty comfort able livinK. I think, with a little help. I'm strong and well ana she never had a ck day in ner lire, were hnth eood at selling the Adventist books and ought to be able to get along.

We'll be pretty happy to gether, I think. She is right. I was getting mighty lonesome here by myself and I'H 'ee1 less 80 wltn ner around. She's a mighty Jolly woman and we'll be pretty happy together, I figure." McCdon is a veteran of the Civil war, the son of a veteran of the Mexican war, the grandson of a veteran of the Indian war and the American revolution. He served with the Third Wisconsin Artillery under General Brunt In Kansas, and has lived In this city for a number of years.

His wife died some five years ago anij he has resided since then on his son's property on Jefferson street The younger McConn is a carpenter employed by the Oakland school department Before the new Mrs. McCoon was a widow, her husband having been deceased many years. Wealthy Man Leaps To Horrible Death NEW YORK, April 11. Herbert A. Sawyer, Boston manager of the Gor-ham Silverware Company, was run over and killed by a subway train at the Grand Central station late last night.

Witnesses to the accident said that the man Jumped lh front of the train and the police recorded the. case as suicide. Relatives said that Sawyer recently suffered a nervous breakdown. Last Monday he was brought to a' sanlr torlum for treatment. He was .35 years old.

ASK WITHDRAWAL OF RAILROAD POLICEMEN A delegation of women, beaded by Miss Caroline Spier and Mrs. J. Flynn of West Oakland, visited Commissioner of Public Health and Safety Fred C. Turner this morning to protest against the action of the state police In causing trouble In West Oakland. The women declared that Policemen employed by the railroad in sulted them on several occasions.

"The strike breakers carry weapons and on occasions have beaten up and at tacked our husbands and brothers," de dared Mrs. Flynn, representing the dele Ration of women. "We concluded that there would be less trouble In picketing If It was done by women and half a dozen if us were on the street during the past week at qultlng time. On occasions the state railroad police have Insulted us and made themselves objec tlonable. We are ready to keep the peace and have no objection to Oakland police officers, who have neved made any trouble, and have treated us with re ject, but we want to petition that the fflcers emploved by tho railroad shall be kept away from this part of town.1 Turner explained that he had consulted with the State railroad police and that they claimed the rlftht to patrol the streets In which the railroad holds right! of way.

He took ths petition and the delegation of womsn under consideration with Mayor Frerik K. Mott and will give a reply tomorrow. There was no trouble in West Oakland today as the patrollng of the streets was in the hands of the municipal police. IHlGtO SI BUS! Permit us to remind you that all vaudeville, acts (with but en occasional exception) stay at the Oakland Orpheum ONE WEEK ONLY. THUS "Everywife'' McHayQ Cantwell JocK McKay Geo.

Spencer Note That These AU Can De Seen This Week Only AlvinQ Kenny On Bernard Butler Saturday MORAL Come Every Week to the Oakland Orphoora. (Next Sunday there will be another brand new show.) Rome Denies the Cable From Madrid of Death of the PoDe. (Continued From Pag 1) the Vatican, and hli family, and and Counteai Jonghe. Afterward! the pontiff greeted eev-eral Italiana, and foreign personages. CAUSES CONSTERNATION, LONDON, April 11.

The report from Madrid that the Pope was dead, which waa sent to London as an urgen, message by the official Spanish news agency, caused consternation. This was not allayed until an official denial of the Madrid report was received from Rome. This waa short and to the point simply stating "Madrid, report untrue." CODES MESSAGE. MADRID, April 11. The official Spanish news agency explains that Its statement that the Pope was dead was due to an error In a message received from Rome at the Papal Nunciature here.

It la believed the error oc-i furred in the deciphering Of code message. I'liSlTO i SETTLE STRIKE Joint Sub-Committee of Operators and Miners Begins Discussion Today, PHILADELPHIA, April 11. The Joint sub-comrnittee of the miners and operators appointed at yesterday's conference will meet at the Reading terminal this afternoon and begin a practical discussion of the anthracite mine worirere. The submission of the dispute to arbitration by referring It to the an-thraclte strike, commission as pro pound by the operators, will not come about unless there is absolutely no chance for the sub-committee coming to a satisfactory understanding. A curious fact In the appointment of the committee of four members by each side Is that five of the eight men constitute five-sixths of the conciliation board, and in effect, the men who now have the matter in hand practically are the conciliation board which was created by the strike commission and which is condemned by the miners as a useless body.

The Independent operators are not directly represented on the sub-committee, allegedIorgerIs HEiLT0 ANSWER R. N. Gardiner was held to answer this tnomlng before Judge George Samuels on a charge of forging the name of his friend, I E. Gates, to a check for $18 which he passed upon 0. M.

Chandler, a grocer of 7229 East Fourteenth street Gardiner Is bound over to the superior court fur trial on 12.000 ball 1 i Gardiner was arrested March 25 by In-. specters St Clair Hodgklns and Thomas Gallagher. It Is alleged that Gardiner passed the check upon Chandler when making a small purchase and that Chandler passed the bad paper on to a friend, and had to make good the loss to his friend, thus being victimised for double the amount of the original note. TAX ASSOCIATION PLANS FOR ANNUAL ELECTION The Tax Association of Alameda county will hold Us anual meeting and election of officers on Thursday afternoon, April 25, at 3:80. The meeting, which has been called together by President M.

L. Requa and Secretary W. S. pould, will be held In theassem-bly room of the Chamber of Commerce, Thirteenth and Harrison 'streets. Prescription for Backache One of the Best Known in Medical Profppslon for Kidney and Bladder Troubles.

"Half-ounce fluid extract Buchu; half-ounce Murax tompound; six ounces good pure gin. Shake the bottle well each time and use In doses of one two teaspoonv'uls aft'er each meal and at bed time." These Ingredients can be mixed or by any druggist, Backache, frequent or highly colored urination and rheumatic pains are symptoms of kidney and bladder disorders that usually terminate In dreaded. Brlght's disease or diabetes. The above prescription Is known to lvqulck and permanent results. i 01 FALSE Tro'ops Called Out to Guard Delegates; Beveridge in Danger.

(Continued From Page 1) strueted the guards to allow no one to enter unless he carried a card bearing his signature. After receiving the orders ths guards opened the front doors, but only the delegates bearing cards signed by Secretary King were admitted. Taft forces -filled the hall, while Roosevelt men strove to gain admittance through side doors, windows and the basement. Governor Osborn, in a statement from Lansirtto the convention, said: "I hope the convention. If It Issues Instructions at all, will instruct IU delegates to the national Republican convention In favor of Colonel This would be In accordance with the will of a majority of the Republicans in Michigan." TO ATTEND DINNER.

WASHINGTON, April 1 1. President Taft left Washington today for New York, where tonight he will attend a dinner of the class of Tale '78 and hold a reception at the Union League Club, returning to Washington early Friday morning. ALLEGE TRICKERY. WASHINGTON, April 11. Senator Dixon, chairman of the Roosevelt national committee, said here today that 2,600,000 cards have been distributed he voters of Pennsylvania bearing names ef the Roosevelt delegates tcbe voted upon at Saturday pri maries and indorsed with a fac simile of Colonel Roosevelt's signature.

This action Is due to the charge that delegates not in sympathy with Colonel Roosevelt have been put upon the tickets in many districts as the "Roose velt delegates. BOLT IMMINENT. LOUISVILLE, April 11. With little prospect of a compromise between the Taft and Roosevelt factions and a bolt imminent, the Republican state convention met again today to bear the report of the committee on ere dentlaJa, which had been in session the greater part of the night hearing contests from forty counties. Just before the hour for meeting Roosevelt delegates held a separate meeting and decided on their course in anticipation of report adverse to their contests by the committee on credentials.

They held their plan secret, A committee consisting of one Roosevelt delegate from each district will represent the Roosevelt forces and urge formal objections when they regard them necessary. "TOO HAPPY TO TALK." PHILADELPHIA, April After a good rest last night at the home of a friend at Haverford, a suburb, where Mrs. Roosevelt and Miss Ethel Roosevelt were guests, Theodore Roosevelt started out fresh today for the last leg of his present speaking tour. "I amyfoo happy to talk," was all he had to say before he left. Colonel Roosevelt's tour takes him through the eastern end of Pennsylvaniaand he will arrive In New York lets' today.

toosevelt Delegates Elected in Missouri CLAYTON, Mo April II. The St Loula county Republican convention sprang a surprise on the Taft leaders today by electing a- solid Roosevelt delegation to the state convention. The thirty-four delegates, according to the Roosevelt leaders, insure Roosevelt's control of the convention and will give him the four delegates-at-large from Missouri, Arizona Legislature Invites Champ ClarK PHOENIX. April 11. A Joint resolution Inviting Speaker Champ Clark to address the Arizona legislature at his convenience was adopted today by the lower house by a vote of 84 to 1.

Packs Clothes In Grip and Disappears; the' Police Searching. Packing her belongings into a small leather grip, Evelyn M. Porter, the 14-year-old daughter of Mr. and Mrs A. B.

Porter of 4179 Montgomery avenue, In this city, last night stole away from her home and is now believed to be on her travels. The girl left home without warning her parent" and they were unaware that she had run away until this morning. After making an unavailing search and ringing up friends and in Oakland, they reported the matter to the police, and every effort Is being made by the authorities In the bay region to find some trace of the girl. Evelyn Porter Is an exceptionally pretty girl of the brunette type, and gives the appearance of being at least two years older than she Is. She is an entertaining talker and is clever at Inventing stories to cover up her actions when necessary.

The parents fear she has fallen Into the hands of designing persons. Locomotive and Driver Fall to Lake Bottom MUSCATINE, Iowa, April 11. Engineer John Adams of Ottumwa, Iowa, was burled beneath his engine in 28 leei or water in cones lane, near nere today, and his fireman. John Mori- arlty, was fatally Injured. The aecl1 dent occurred on a Chicago.

Mll-N waukee and St Paul railroad switch engine while crossing a bridge which had been weakened by the recent flood. CONTRACT IS LET FOR NEW H0USEJ3F Y. M. C. A.

SA JOSE, April It The contract for the Y. M. C. A. building at the corner of Santa Clara and Third streets, for which $141,000 was ruined a year ago, was let forlay.

The building will be a modern five-story structure, fully eauloDed In every respsct. GIRL MISSING; PARENTS WORRIED i We H. I. liynes, Rev J. P.

Samuels to Be In accordance with custom and in obedience tp the laws of the order to devote a day once a year to services In memory of the departed members, preparations are being made by the members of Oakland lodge No. 824, Loyal Order of -Moose, for the annual memorial exercises to be held in Moose hall on Sunday, April 14, at 2 p. m. J. Treager Is the dictator of the local lodge, Arrangements have been made for the members, their families arjd friends to assemble In the club rooms before repairing to the hall, thus avoiding the waiting arid confusion attendant on Buch ceremonies.

An elaborate program has been arranged by the committee In charge. An augmented choir will be present. In addition to the usual services several Interesting and impressive fe; tures will be added to make these services memorable to Moae history. PROGRAM COMMITTEE, Chairman 8. A.

Wentworth, assisted by R. S. Wilkinson, A. J. Donovan.

W. J. Hamilton and Frank Barnet compose the committee in charge and have arranged the following program: Prelude, by the organist; quartet, "Lead Kindly Light;" violin olo, "Berceuse;" ritualistic work, by officers of the lodge; contralto solo "Rock of Ages;" tenor solo, "Face to weather conditions this I Both teams offered many new facea (Continued American League championship season at Shlbe.Park here today when the world's champions met the Washington team. The Athletics took the fljld with two of their stars missing. Baker has a slightly wrenched back and Yord a bruised wrist The batting order: Philadelphia Lord or Strunk, left field; Oldrlng.

center field; Collins, second base; Baker or Derrick, third base; Murphy, right field; Mclnnis, first base; Barry, shortstop; Thomas or Lapp, catcher; Coombs or Bender, pitcher. Washington Milan, center field; Schaeffer. right field; Moeller or Shanks, left field; Flynn, first base; Knight, second base; McBrlde, shortstop; Foster, third base; Alnsmith, catcher; Johnson, pitcher-Umpires O'Loughlin and Wester-velt VETERA Jf 9 IX GAME. CINCINNATI, April 11. With the exception of one man the teams from this city and Chicago, which opened the league baseball season today, were the same that took part in the closing games of the season of 1911.

The lineup: ChlcagCr-JEver second base, Sheck-ard left field, Schulter right field, Chance first base, Lennox third base, Hoffman center field, Tinker short-stopp, Archer catcher! Cole or Mc-Intyre pitcher. Cincinnati Beecher left field. Bates center field, Hoblitzel first base, Mar sans right field, Egan seoond base, Phelan third base, Esmond shortstcp, McLean, catcher, Smith or Suggs pitcher. Lennox Is the new man on the Chicago team. The prediction Is for fair, weather, BIG CROWD AT GAME.

CHICAGO, April 11. A record- breaking crowd witnessed the open ing game of the American league sea son between Chicago and St. Louis today. Pitcher Walsh and Catcher Sullivan, favorites of the American league, were the battery selection. Mayor Carter H.

Harrison threw the first ball, thereby inaugurating tne season, xne patting oraer: Chicago Rath second base. Lord LI OFFICIALS Grand Jury Still Attacking the Hold-over McCarthy Commissioners. SAN FRANCISCO. April lt-The" grand Jurors are still pelting aw. at the hold over McCarthy commissioners and have addressed another communication to Mayor Rolph offMhe subject of removing all of the holdovers with ths exception of James E.

Power of the Board of Educa tion and the commissioners appointed dur ing the week before McCarthy left office. Mayor Rolph recently refused to be dic tated to by the Grand Jury In the matter and asked that body to furnish him with the evidence upon which charges were This has not been done, the latest communication from the inquisitors merely suggesting to the mayor that he hold an investigation on his own account. The communication of last night delivered to Mayor Rolph by a policeman and signed by Secretary J. Plover of the Jury, concluded as follows, after reciting again the matters referred to in the previous recommendation for removal of commissioners: "We are advised that you have the power to call before you these commissioners and any other witnesses who. If Interrogated along the lines Indicated In our charges, will enable you to obtain the T-ronf wh'fh vou requested of us.

i the belief of the Grand Jurv that by a personal Investigation on your part results as recommended could be accomplished in the most direct manner. "We fully realize the large problems with which vou are confronted In the upbuilding of the city, and It Is with the firm belief that you can the better administer Its affairs if you have competent, trustworthy and patriotic men In the mmiuloni. who may be able to lend every assistance in carrying out the great work before you, mai wo tow uiu "This Grand Jury In all Its official acts to look upon and Judge public servants by their acts and deeds only, regardless of their political affiliations, and our recommendations of removals are made for the sole purpose of imcroving the nubile service, as It requires 1 honest and capable officials to perform tbV, AS Li OLD From CHARGES SOU IHERll PACIFIC the Speakers Face;" address on "Immortality, the Rev. E. P.

Dempsey; soprano solo. "Consider and Hear Me;" duet Tor contralto and tenor, "My Faith Looks Up to Thee;" address on "Principles of the Order," Judge George E. Sam uels; tenor solor, "Oh, Dry Those eulogy, oy vv. ti. u.

liynes violin solo, air on string; quartet "Crossing the Bar;" postlude, quartet. ALAMEDA LODGE. ALAMEDA, April 11. Memorial exercises will be held by the Alameda lodge of Moose Saturday afternoon The services will begin at 2 o'clock, Although only one year old, the Alameda lodge has lost four of Its members. They are Frank E.

Fort, J. J. Lonergan, Irwin Morrison and Peter Chrlstensen. The memorial committee is up of G. A.

Leroux chairman. Dr. A. Elchenberg, T. C.

Stoddard, A. Kalas, Dr. C. P. Pond and Bit- tleston.1 The following program will be rendered: Piano prelude.

Funeral March (Chopin): "The Broken Circle," of quartet. "Lead Kindly Light' (Buck); oration, Brother E. W. Maslin; baritone solo "Peace and Rest," Mr. Smith; duet, "Crucifix" (Faure); remarks, Brother C.

L. Tisdale; soprano solo, "These' Are They" (Gaul); quartet, "Cross lng the Bar" (Houseby); piano pos.t lude, "March Triumphant" (Best). STREET WRK Railroad Has IhreaU Up Trenches tion of street, the company may claim this action as a precedent, affecting many miles of similar street frontage. An effort will be made to have the rail road permit Dahnke tp proceed without prejudice as to the claims of either city or railroad in tne controversy. DAHNKE'S LETTER.

Dahnke's letter to the city council fol lows: "Cltv Council: Gentlemen I wish to notify you that I have been prevented from proceeding with the work ot buna lng the 30-lnch concrete sewer in tucn bur known as district No. 3. by the off) clals of the Southern Pacific Railroad company. They claim that the property where the sewer Is being installed their property, and has been In their possesion over 30 years. I have a trench opened up from avenus to eviMity-seventh avenue, nearlv down grade.

I would have had concrete In place at the present time If I had not ben Interfered with. The Southern Pa clflo officials notified me that they would put men on and fill the trench as fast as 1 excavated It, if I did not lane men off. "I hope that you will straighten this -'otter out fts oon as possible, as Hn like So much ground opened up In this" kind of weather. Kespectruuy yours, H. DAHNKE." RARE VIOLIN STOLEN IN SAN FRANCISCO HOME SAN FRANCISCO, April 11.

An old violin, valued at and held precjous because of Its assorlations, was stolen from the home of Mrs. Anna A. Eames, 435 Hayes street, Some time yesterday. OCCASIONAL WINE DRI.KERS find the nmall split bottles of the Italian-Swiss Colony's table wine TIPO (red or white) admirably suited to their needs. Why don't you try them? in the lineups, in addition, Cleveland's manager, Harry Davis, is serving his first season as a major league pilot The lineup: i Detroit Vltt left field, third base, Cobb center field, Crawford right field, Delehanty second base, Galnor first base.

Bush shortstop, Kocher catcher, Mullin pitcher. Cleveland Butcher left field, Ol-sen shortstop, Jackson center field, Lajole second base, Ryan right Held, Hohnhorst first base, Turner third base. Easterly catcher, Mitchell pitcher. Umpires, Dlneen and Per-rlne. Will There Be 490 or 531 Members in Electoral College? WASHINGTON.

April 11. A ruling In the department of Justice as to whether the electoral college that will choose the next President of the United States shall consist of 490 or 581 members has been asked for by members of the House committee on Judiciary, Political activity in both parties has proceeded on the assumption that the larger number was correct, but this is questioned on the ground that the reapportionment of Congress does not become effective unUl March 4 next. The question has created confusion, but it will not affect the convention, as the national committees fixed th number of delegates arbitrarily in connection with the new apportionment The question was raised by a publisher engaged In preparing an electoral chart. When presented to offi cials of the House and Senate an state department, the basis of 490 declared to be correct. Nomination? for the electoral college already fthve Deen maae in several states on Ihe basis of the new apportlonment'of Congress.

The constitution of the United States provides that the electoral college shall be based on the number of Senators and Representatives to which the states are entitled In "the" congress." Some members of the Judiciary committee contend that "thi congress" means the existing Congress "Instead of an enlarged Congress based upon reapportionment." great tasks that await execution ft Trusting that you will give this usual prompt attention, I remain "Yours verr truly, J. rlAJYisB, "Secretary the OraodiM RULING SOUGHT ON THE ELECTORS IS HALTING Ctothttor Dschres ened to Fill Threatening1 to fill up his trenches as fast as he excavates them for sewers In Fitchburg undef contract with the city, the Southern Pacific company has halted the work of Contractor F. H. -Delinks, according to a complaint filed by the contractor with ths city council this morning. Dahnke notified the council that the Southern Pacific claims title to the streets in which he is at work, and that the officials of the railroad company had Informed him that they would not permit him to proceed with the workutil the city had formally recognized, the company's claims.

The work has been brought to a halt as a result of an old legal controversy as to the ownership of several miles of streets in the' annexed district. When one of tha early owners of this land sold it in 1870, formal dedication was made of certain streets, and the city claims that by this act the streets are actually opened and the property of tho public. Subsequently successors and assigns of the early owners sold lots In Fitchburg, many of which were purchased by the Southern Pacific company. This was In 1890, and the owner of the land gave deeds showing ownership not only of the wi We lota themselves, but of the land Including dedicated streets. NOT IN ACTUAL USE.

There hag never anv n-easln the actual use of the streets, and the controversy as to ownership has been In abeyanre. RfrentlyF la' let the contract for sanitary sewers In Fitchburg and set to work. He, opened up a trench between Seventy-third and Seventy-seventh avenues. The railroad officiate came to him and told him to Stop work or the company would put men to work refilling the trench. The matter was referred by the city eouncll this morning to City Attorney Ben F.

Woolner, Commldiiloner of Streets W. J. Bnccus and Superintendent of Streets Perry F. Brown. It Is contended that If the city recognlxfs the right of the railroad In this small sec.