New-York Tribune from New York, New York • 3

CRIMMI-XS TO TESTIFY WITNESS IN SNOW GRAFT. Columbia Men Asked to Devise New Checking System for Edwards. William said to be a relative of John (v-iniminp. went to (he District Attorney's office rcFtf-rday afternoon, and -while there was served with a subpoena lo appear before the gTand jury this nioming. Ho is emplojned as a foreman by paiv snow removal contractors.

Before to tho Criminal Courts Building cabled on his Abraham Levy. Detectlvv I.ieuTrnant Beers, at the District Attorney's rr tuld Mr. Levy that th- rr was no warrant out for CWnuninsi that so far as he knew no one tnd ir a arrant for him. in the snow removal fraud were orrafccriV-d before Magistrate yoslerday. Two of tbe men got bail arid the others wort to the The will come up again to-day.

The card system in the Street Cleaning to be abolished. Commissioner Edtriu-ds liRS ask'd members of the faculty of the Columbia Poiiool of Mines to devise an absolutely praft of tallying the wagons, and they are at work on the problem. Commissioner Edwards said he had not read the Corporation opinion as to right to abrogate existing ynfcsc igimnjJ contracts, but he understood that he cnuH ahewfl with bis original Intention. He v- to nr.vo a now ticket system ready by the next snowfall, by which time he will have arranged for carts and teams. was a rumor yesterday that Inspector north, in charge Of the snow removal buir-au, had suspended.

This was untrue and ucre'a ponable. the Commissioner paid. In view of it was Charlesworth who did most to the Commissioner unearth the frauds. Charlesworth. Ike Commissioner said, is a man of unquestioned Integrity and ability, and has not been -ilxefl up in case in any way except to help the CoirmisFioner.

The men who almost caused a riot on Wednesday Stable A were paid off yesterday without trouble. They were identified by the sweepers and 'he superintendents out on ball, and 1.780 men received their money from the city paymasters. When the paymasters reached the stable Second avenue between ISth and 17th streets was crowded with captain Burfelnd and his men from the East street police station broke up the crowd into small squads under their foremen, and let these squads into the stable one at a time, where Superiritendent Cleary and Deputy Commissioner Hopan paid One man who had stood In Dae for three hours fell in a fit. and was taken to Bellevue Hospital with a severe scalp wound. He had neither overcoat nor underwear.

He had only coming, to him, and was carried away before hf rOlr ol that. In the afternoon Commissioner Edwards, accomparied his assistant. Mr. Hogan. visited District Attorney Jerome.

David Jacobs, the Daly foreman, was asked more questions. CAPITALIST A SUICIDE. Bland Bollard, of Noted Kentucky Family, Suffered from Depression. Chicago, Feb. Bland Ballard.

a local capitalist, a -well known grolt player and member of a noted committed cuicide at a hospital in Lake Forest to-day. No cause for his act Is known. Mr. Ballard, -who was captain of the football bbbsi for the two years preceding his graduation form Princeton, came to Lake Forest from Louisville six ex seven years ago. He leaves a wife.

who v.a* Miss Shreve. of Louisville, and three children. He was fifty-two years old. The or.ly explanation for his suicide was given by Dr. A.C.

Haven, in the rear of whose hospital the fatal Eliot wag fired. Dr. Haven said that Mr. Ballard was. despite his sunny nature, subject to periodic tis depression, and that undoubtedly it ivas during one of these that Mr.

Ballard determined to end his He. Louisville, Feb. Eland Ballard. the Chicago who committed suicide 10-day, was the leader in all things social when he lived -with his family in city. His to Miss Adele Shreve was a brilliant social affair, as both families were leaders In the exclusive circles of Louisville.

Bians Ballard was a member of tfee local bar he entered the brokerage business with a brother. Austin Ballard. who survives him here. Mr. Bal'ard's father, Un'ted States Judge Bland EtUard.

one of the most of Kentucky jurists. FEAR GIRL'S ABDUCTION. South Brooklyn Suspect Neighborhood Character. Mr. and Thomas F.

or No. SGOG Third aver.ue. South Brooklyn, that their Asr4e. fourteen years oil, has been abducted by a rm.r. known "Fred" lio has been hanging arouaij the neighborhood for some time.

red" is described as being about thirty-five years Old. The girl diiajipeared a week ago. Mrs. King reported the case to the police lart and Captain of the Fourth avenue station, sent out two detectives on the trail of the lost riri. Last Friday Annie was sent to the Brooklyn Rapid Transit Company power house.

Shore RoeC and 52d street, Rfj a car. of coffee for her father, who is employed there. She did not return. Her three 01-ier pistsrs, her parents and the made a thorough search the neighborhood, but airs. Dsj said that the night before Annie disappeared a card came to house, addressed Am signed It mid: "See me Friday night at 8 o'clock on the Mrs.

King said rhe destroyed carl did toll Annie the message on It. ATTENDS FUNERAL: DROPS DEAD. N. Feb. William J.

Robbing a pnnjiaeoi resident of Lansing, dropped dead today at the home of his brother-in-law. Warren funeral be had come to attend. Mr. Robbins arrived at the home of i is relative, near yesterday, and was stricken with acute indigestion during the night. He was years eld.

MUFFLERS FOR MOTOR BOATS." TTasfciagion, eo (Motor boats will not disturb lasdsmen with their exhausts if a bill to-day from the Merchant Marine Fisheries Committee of the Hoiise becomes a It requires mufflers on boats which do not fcsve exhaust pipes under POSTPONES CHAPIN-SAVAGE ACTION. Platrek. 'In the Supreme Court, tho approval or for both sides. Postponed until Monday the hearing of an action by Benjamin Chapln against Henry W. I Savage to re strain him from selling tickets "Hsry Jane's Pa" at the Garden Theatre next Ohapin is tbe author of "Lincoln at the V.fcJte Boose." which will be presented to-night the He contends that lie has an for the exclusive use of that theatre next Mr.

Savage's representatives say that Cha- to have the th'-atre for aftrrnljon performances only. "THE QUEEN OF TABLE WATERS" As supplied to the Emperor of Germany, King of England, Prince of Wales, King of Spain, PASS JAP SCHOOL BILL Continued from ant page. deaf children may be admitted to such classes at the age of three years. Kfb. 4.

The Giffen ar.ti-Japqne*e resolution, shorn of its to Presi-lent EbMMevch; came up in the Senate to-day and f-rrf-d to the Judiciary Committee. It is this committee, of which Senator Boyd is cliairman. -win smother it, in accordance with the wishes of United States Senators Nixon and Boise. Idaho. Keb.

4. The anti-Japanese resolution did Dot materialize in the Legislature today, as promised It is understood that Senator Borah has brought influence to bear to prevent introduction at such a resolution, and has received assurance that it -will be throttled if presented. URGES CONSER VA TISM. Senator Next-lands Writes to Governor of Nevada. Washington, Feb.

Senator Nixon to-day received replies to the telegrams he sent yesterday to the President of the Senate and the Speaker of the House of the Nevada Legislature. From the tenor of the reply of the President of the Senate Mr. Nixon feels confident that the resolution passed by the Nevada House urging the California Legislature to pass anti-Japanese legislation -will not be passed by the He is of the opinion that It will be smothered In committee or all the matter likely to give offence to the Japanese government will be stricken out. A long letter was sent to Governor Dicker-son of Nevada by Senator Newlands as the result of his Interview yesterday with President Roosevelt concerning the resolution passed by the Nevada House. Mr.

Newlands suggests a plan which, he- declares wil! "mark clearly our purpose. to maintain this country as the home of the white race, from such racial competition and antagonism on our own soil as will surely breed domestic violence and International hatred." He recognizes that the surplus population of older, peoples must Inevitably be drawn to the uncultivated portions of the United States, but asserts the impossibility of making a homogeneous people by the Juxtaposition of races differing In color on the same soil. Continuing. Senator Newlands says: Our friendship with Japan, for whose territorial and race integrity the American people have stood in active sympathy In all her struggles, demands that this friendship should not be put to the test by bringing two such powerful races of such differing views and standards into industrial competftlon upon the same soil. There In but one en- ister.t position to assume, and that is to relegate the whole question to domestic legislation in each country, permitting each to make such laws regarding the regulation, restriction or prevention of immigration as it sees fit.

The Senator then recommends that all peoples othej than those of the white race should be admitted to this country only under restricted conditions. He also urges the serious consideration of a national policy regarding the people of the black race now In the United States. He opposes sporadic legislation by the various states, and objects to terms of opprobrium or Insult. In closing he says: A temperate declaration made at this time by the Legislatures of the Western States upon the lines here indicated will aid much in shaping public opinion so as to force a calm and rational solution of the question by purely domestic and netionai legislation and without attendant attacks upon Japan's sensibilities. While to discuss the blir passed to-day by the California Assembly, Senator Perkins aseerted his belief to-night that the the right should be given to school authorities of the state to furnish separate schools for Japanese.

"The people of California in their attempt to secure regulation of Japanese attendance in their schools do not desire to do that wiil disrupt general treaty policies with Japan," declared Senator Perkins. "The question as to whether Japanese should be admitted to the schools and universities of state should be left. In my opinion, to the school boards and the regents of the colleges. The people of California are right on the question. The right to separate achools for Japanese, as wtll as for other Asiatics, should be given to the individual school authorities of the state as a police provision." RUSH MILITARY STORES.

Unwonted Activity in Strengthening Far Eastern Defences. San Francisco. Feb. The close of the present will see an unusual amount of war material and supplies shipped from this port to the Philippines and the Hawaiian Islands. This fact, taken in connection with the arrival of the naval transport Buffalo from Honolulu, to-day, painted leader, gray, the color that is associated in the popular mind with the lighting garb of the American navy, and the unexpected return of the torpedo flotilla from the south, is causing some local comment.

To-morrow the bark Mohican will clear for Honolulu, riding deep In the water under the weight of two great disappearing puns, destined to form a part of the defences at Pearl Harbor, the site of the new naval station. On Saturday Pacific Mall liner Asia sals for Manila and Japan. carry- Ing 3.500 tons of cargo, 2.000 tons of which consist of army nd navy stores for the Philippines. Included in this shipment are 3M submarine mines. which are to be placed, beneath the waters of Subig Bay and at the entrance of Manila Harbor.

and '500 cases of small arms ammunition. The army transport Sharidan-will also Bail for Honolulu to-morrow, lad-r. with 3,000 tons of general supplies for the troops In the Islands. JAPAN SAYS NEVADA'S NOT AMERICA. Pleased by Eoosevelt-Oillett Letters Express Gratitude to Government.

Toklo. Feb. 4. No comment has been made by the Newspapers of this city, on the anti- Japanese resolution now before the Nevada Legislature. Leading men of the capital refrain from making any comment further than to say.

"Nevada is not America." The letters interchanged on the matter between President Roosevelt arid. Governor of California have beeji published In full by the Japanese newspapers and afford great satisfaction. Officials and the press express gratitude at the attitude of the national government in America- A high official of the government said to-day: "Our confidence In the fairness and Justice of the real American people, will remain unshaken through a stronger test than the action of a few men do not really represent the sentiment of the public. In Nevada, California and elsewhere believe that the true sentiment of the people is voiced by President Roosevelt and the leadinj statesmen and burners men." Every Patriotic American will want a picture of Abraham Lincoln. A very handsome one FREE with next Sunday's Tribune.

LANDSLIDE ON EARGE CANAL. Lockport. N. Feb. landslide occurred early to-day barge canal east of the Lockport locks and a dredge of the United Engineering Company of New York was buried.

Seventy tons of slid from a 50-foot embankment Into the canal. Fortunately, the night shift was not working. NEW-YORK DAILY TRIBUNE. FRIDAY. FEBRUARY 5.

1900. NEW MANHATTAN BRIDGE, SHOWING SUSPENDER CABLES OUTLINING BRIDGE STRUCTURE. Away up in the air over the East River men who are building the new Manhattan Bridge are beginning to get things into such condition that the thousands who travel over the old BDoklyn Bridge can visualize, 'n a way. the bridge as It will be. big s''6pension cables are finished, and dangling from them, almost ail the way across, except for little space in the middle, but nearer the Brooklyn tower than that on this side, are little strands.

At least they are little from a distance, but really they are sturdy wire ropes that are known as suspension wires, and when tho cable bands are set into place these wires will do a VOTE ON REGENTS FEB. 9. The Senate Passes Consolidated Lares Bill. Albany. Feb.

Both the Senate and the Assembly adopted to-day resolutions fixing Tuesday. February as the date for the election of two of the University of the State of New York, one to serve eleven years and the other twelve years, their terms of office to begin April 1. Eugene A. Philbin, of New York, will be elected to succeed h.rr.self. The other candidate to represent the Judicial District has not yet been decided on.

On Wednesday both houses will meet in joint session to declare the candidates named elected. Joint caucuses will be held by both parties on Monday evening to decide on candidates. All of the consolidated laws bills, except those relating to transportation corporations, tenements, public service, railroads and public lands, passed the Senate to-day without debate. Senator Rose's appropriating $10,000 to assist in defraying the expenses of national guard organizations from this state attending the Inauguration of Taft at Washington passed. Senate Committee on Canals reported favorably to-day Senator Alien's resolution calling on the State Engineer and Superintendent of "Works to furnish to the Senate et the opportunity an estimate of the coat and the time necessary to Improve the Cayuga and Seneca Canal so as to make It a part of the barge canal system.

A bill incorporating the Grand Commandery of Knights Templar of th? State of New York, and authorizing it to hold renl and personal property not exceeding J50.M0 for tho purposes of the corporation, was Introduced to-day by Senator Hill The bill authorizes the corporation to Invest in Interest bearing securities. WADSWORTH ON FORESTS. Tells Paper Manufacturers State Ought to Utilize Its Preserves. The. arnual dinner of the National Association of Paper and Pulp Manufacturers, following the annual met-tlng In the afternoon, was held it the Waldorf night.

Speaker James W. Wadsw. rth, of the As sembly, who is a member of the Forest Purchasing Board, charged with purchase of land the Adirondack and Catsklll regions for the state. spoke of management and future of the state forest preserves. He said: Many years ago the State of New York started.

In a small way, to acquire land in the. Adirondack and Catskill Mountain regions, and by of gradual purchasing has accumulated on behalf of the what to-day in a magnificent property, totalling In round numbers a million and threequart-r acres, the great bulk of which, lies In the Adirondack Park. The Forest Purchasing Board is continuing this policy. So great has the inroad upon the limber supply of United States in recent years that we find that the price of forest land which we to purchase has doubled la the last five or six years. However, we derive considerable consolation from the fact that timber land which we purchased several years ago has doubled, tripled and even qua.l-rupled In value since we obtained possession of It.

It constitutes to-day a great estate, worth millions and millions of dollars. In ray Judgment, the time has come when we must devise more perfect means of protecting it and utilizing its resources: in other words, ye must apply the principles of scientific forestry to its management. To-day vast property is lying practically Idle. That provision of the state constitution which provides that these lands shall forever be kept as wild forest lands and the construction which has been placed upon of this language Mand squarely In the way of the best interests of the state. It seems to me that time has for this state to wake up and utilize properly the valtie of its great timber possessions.

It seems to me that It could be done under strict state supervision; that it would yield a large annual Income to the state; that It would tend to lessen the scarcity of the lumber supply, and that by doing away with much of the fallen It would greatly decree the danger of forest fires and actually Improve the health of the forests SWIFT'S DAUGHTER LEAVES HUSBAND. Mrs. Everuz, One of the Heirs of Wealthy Packer, Returns to Her Mother. IPy Telegraph to The Chicago, Feb. Mrs.

Ruth May Bwift daughter of the late packer, and her husband. Ernest Hammond Eversz. have separated, and their home, at No. 3334 Michigan avenue, beer. closed.

Mrs. Eversx. with her four-year-old laughter, has gone to live with her mother, Mrs. Gustuvus F. Swift.

Mr. Eversz is living at the Union League Club. The separation Is reported to have taken place three weeks ago. "Yes, we have separated without a There were no recriminations, and there wi!) be no divorce scandal." Mr. Everuz is quoted as "Our ti roperaments were incompatible." Mrs.

Eversz shared equally with the other children of the late packer, and has In her owr. right about $6,000,000. STILL NO CHOICE IN Springfield. VL, Feb. 4.

Only one ballot was taken to-day for United States Senator. It the twenty-fifth ballot of the deadlock, and was as follows Hopkins. 71: Foss. IS; Stringer. 75 Shurtieff Mason.

McKinley. Lcwden, 1: CUhound. 1: Sherman, 2. No choice. Joint ba luting will be resumed Tuesday.

BRYAN SPEAKS IN TAMPA. Tampa. Feb. .4. William Jennings Bryan arrived here to-day.

This afternoon at state fair grounds he spoke on "The Campaign and Events Since." At a dinner to-night he discussed "The Future of Democracy." Mr Bryan commented upon the usurpation of power by the "aristocratic party." the present admtnstratlon. the head of which he referred to as delegating to himself all the authority of ciar. But a change is surely, if slowly, coming, he declared, and that prospects were brighter than ever for Democratic victory in 1912. CREW OF SCHOONER RESCUED. philartelplila.

schooner Hoi P. Shares, of New Haven, was wrecked on February 1 In -latitude 35:32 north, longitude 73:48 west. Captain Ar.drew J. Wilson, the mate and three sailors -th- entire crew-being rescued by the Norwegian steamer Frances, bound from Macoris for Boston, which arrived at the Delaware Breakwater yesterday. The Shares was bound from Wilmington.

"for New York Her crew probably will be landed at Vineyard Haven. Mass. The Shares whs built a'- New London. In 1882. and was owned by the Gilbert Transportation Company, of great part of the work of supporting the floor of the bridge proper.

Soon, when the cable bands have completed their delayed Journey to New York And the last of the suspension wires have been set in place, great travellers -will atart from each tower and begin the work of setting the floor meirfbers Into position. First they will lay the key members of the flooring, the great girders and plates, -md when they have done, tills work and met in the centre of the span they will retrace their etepn and go back to pick up the superficial part of the floor structure and roedwayi. MOXEY TO BANK CLEMS Investigator Calls Individual Ledger "Paradise of the Thief." "The individual ledger in a hank Is the paradise of the thief, and it affords the greatest opportunity for covering up the work of a dishonest hank official," according to Edward P. Money, the special banking Investigator of the Department of Justice, who worked up the testimony on Which Charles U. Morse and John R.

Walsh, of Chicago, were convicted. Mr. Moxey is at WOrt at present the government's case against F. Augustus Heinze. Mr.

spoke to the bank olerks of the city last night at the bi-weekly meeting of the New York Chapter of the American Institute of Banking, held in the United Charities Building, at No. MS East 22d street. Thirty-three bankers of nationaf repute have gone to prison in the last ten years as a result of Mr. Moxej Investigations. He has never lost a case.

Gates W. McGarrah, president of the Mechanics' National Bank, delivered an address on "Greater New York's Greater Problems. He dealt Alfa such pressing subjects as transit, the city's debt limit, the feeding of the poor and unemployed and the general lonic of maladministration. He praised the work of the bureau or municipal research, lid thai municipal graft must stop and outlined a letform on which he hoped the next candidate for Mayor would run. Clark Williams.

State Superintendent of Banking, dropped In unexpectedly and insisted on sitting "among the boys." who welcomed him cordially. Ho made an impromptu speech. In which he pointed out the advantages which the institute offered to young bam Just starting In the banking He paid a high tribute to the general honesty of bank clerks In this country- Mr. sfozey took as his subject Bauii risnilna tion." saying: Bank examinations do these three things: First- Insure efficiency of the clerical force. Second Minimize errors.

Third-Lessen the chances for fraud. various bank examinations now made may be stated briefly under these heads: Those made by directors anil committees of banks; those made the clerical forces of the banks, these made by government ami state examiners: those made by the clearing house, and those made by the public accountant Exceedingly few bank directors are qualified by experience or training for making an examination and cannot test the very books and accounts in which a shortage Is most apt to be concealed. The Individual lodger, when not kept under the duplex system, is without doubt the book offering the greatest possibilities for concealing a shortage. One of the largest defalcations ever perpetrated was hinder, in that book. It cost f.fiO'Win and not a dollar of the money of the bank was eVer by a deiaultlng clerk.

Mr sfoxey thesi qualU ns as essenrla! to a D.ink examiner: He possess a pleasing personality; he a be nn accountant of vast must have an extended most be thoroughly versed in all of of the banking business, he must be posted on ftnsnrlai pica, and he must be a man of keen Judgment and sterling character. MANY OLD MEASURES INTRODUCED. Bills Defeated or Vetoed in Recent Years Cause State Unnecessary Expense. Telegiai The Tribune. Albany.

Feb. Members of the Assembly this are showing a marked for repeating the introduction of bills which have either teen defeated or vetoed by the Governor in former years. Assemblyman Oliver, who was the guilty party to-day. Introduced the measure providing for home rule in cities in the matter of Sunday performances. He simply the I.lebmann bill of last year, which was and dropped it In the bill box.

after substituting his name. He 1b the third member this year to Introduce the same bill in the same way. An unnecessary expend is caused the state by thin needless repetition. The three-platoon bill for policemen, which Governor Hughes seems Just as likely to veto this year as last year, was dropped in the bill box to-day by Mr. Oliver.

It has got so now that about three times a week somebody puts In a bill providing that "no person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually refrains from business and labor on that day. shall be liable to prosecution for performing secular business and labor on Sunday. etc. This was the substance of another one of the five bills Introduced to-day by UM venerable New York Assemblyman. Bfany similar bills were Introduced last year; few were ever heard from and none was passed.

So it will not be a great while, although no one In the Bridge Department cares to talk definitely of dates of completion, before the great towers will be Joined by a road of steel, and then the end of the will be in sight. From this time it will be possible to note progress every day in a Journey across the bridge, and those who only have scoe to Brooklyn once in a week or so. or who usiially take the subway, will become aware of giant strides when they cast their eyes up at the results of, the labors of the steel workers in the "middle of the air. UNIONS LOSE MEMBERS. Decrease in State for Sir Months Less Idleness.

Albany, Feb. 4. During the six months of April to September 190S the total membership in the labor unions of the state decreased from 358.552 to 372.459, a loss of M.121 members, according to the quarterly bulletin Issued to-day by Commissioner John Williams of the State Bureau of Labor Statistics. The report says: This Is the first time since 1904 that the spring and summer period has not witnessed an increase in the total union membership, and only the third time in the last twelve years. The bulk of the decline in membership occurred in the four le.Tiin^ groups, comprising the building trades (11.060), the ciothing trades 8.953).

transportation (4. .41 1 and the metal trades (4.02. Proportionate to thr- total membership of these groups the decline was heaviest in clothing trades. In New York City the losses were heaviest in the clothing tra. The foremost trade union centres of the state, whith are the first and second class except L'tlca and Yonkers, all show decreases in union membership, except Troy.

Returns from all trade unions in the state for September. 1908, indicate that the percentage of idleness among organized waee workers decreased one-nfth during the third quarter of the year: but while conditions were improving during the third quarter, it nevertheless stands in very unfcvorjble comparison with the same period of former years. No; in a dozen years have the percentage of idleness in tho third quarter been much over as as in IMS, while for most recent years the contrast Is even greater. Every Patriotic American will want picture of Abrahsm Lincoln. A very handsome one FREE with next Sunday's Tribune.

FOR TELEPHONE AND TELEGRAPH COS. Stern Measure Would Bring Them Under Operation of Anti-Trust Law. Telegraph to The Tribune. Albany, Feb. Assemblymar Stern, of New York, will Introduce a bill to bring: telephone and telegraph companies under the operation of the anti-trust law.

The bill was prompted by a recent court decision declaring that telephone and telegraph companies did not come under the anti-trust law. because they did not deal In commodities. Last year an attempt to bring telephone and telegraph companies under the Public Sen-Ice Commissions law created a hot fight in the Assembly, and the bill was finally defeated. TO CONTROL FOREIGN BANKERS HF.RE. Bill Provides for Regulation of Their Business by the Superintendent of Banks.

Tflegrraph to Th A'bany. Feb. 4. Assemblyman J. A.

Foler. of New York, introduced a bill to-day which, lie says, will control effectually the Italian and other foreign bankers who carry on the business of selling steamship tickets receiving money deposits. The bill provides for regulation and Inspection of their business by the State "Superintendent of Banks. Every such banker Is required to file bonds in amount proportionate to the businesr and to file regular reports of financial condition. Power of assuming charge of the assets of the bankers is given the Superintendent Of Banks to protect the depositors.

The law passed last year which compelled these bankers to die bonds as a protection to their has just been declared unconstitutional by the Supreme Court in a decision rendered by Justice O'Gorman. and the bonds filed under that law now afford no security. The bin. Mr. Foley says, wIU prsvenl the many fnilurea and emhezzi.rnents of bankers which have takrn place throughout the state, nar'icularly in the city of New York.

the last feuyears, and by which thousands of ignorant foreigners have been defrauded HABITUAL CRIMINAL MAY BE PAROLED. Albany. Feb. ln an opinion to-day to the state prison authorities Attorney General passed on the new penal code amendment as to the status of a person sentenced to life imprisonment after conviction for a fourth offence. It is held that a person so sentenced is entitled to come under the jurisdiction of the state Board of ParoU after having served the term of the maximum penalty for the first offence for which he was convicted.

GOVERNOR SOMEWHAT BETTER. Albany, Feb. On the advice of his physlesssi Governor Hughes, who ts suffering with a heavy coM, remained at the Executive Mansion to-day. He was reported feeling somewhat better than yesterday. COOK VOTE AFTERJIATtt SENATORS GET LETTERS.

JAVw Members Have 'Cold So Word from Governor. Albany. Feb. 4. "Letters from home" began come to th- r.tw I leans who voted yesterday against (ha nomination of Herbert E.

Cook as Democratic member of the State Highways Commission These letters in most cases Indicate clearly th" annoyance and anger of the constituents at those Senators, an.i a result several of the new men displayed market! symptoms of "cold fet-t" in regard to any further demonstration which rr.i.cht be interpreted as anti-Hushes In the st degree. Hardly five minutes after the vote against Mr. Cook was taken yesterday a dispatch was to one Senator from the Board of Supervisors of his county urging him to vote to -infirm Mr. Cook. He has nt most of his since "hen In racking his brain for adequate excuses for his rota.

One Senator from a Hudson county has gona a considerable distance out of his way to express regret at his vote in quarters Governor Hughes. Others In. the Senator" group displaying anxiety lost their motives he misconstrued, and are protesting that was no "deal" or "agretment" of any character tween- the Democrats and Republicans. Senator Davenport's characterization, "a gmtlemen's agreement." though, has been picked up fci the Capitol gossip, and. rightly or wrongly, attached Itself firmly as a label to the Cook, proceedings.

"Defeated by a 'gentlemen's agreement' and a great dislike of Governor Hughes." declared Senator to-day. "That's the verdict we'll bare render In this Cook affair. And I'd hate to my name In the list of those men who upheld 'gentleman's Governor Hughes still was confined to the Executive Mansion to-day, though his health was somewhat Improved. He had no statement to make about his course regarding the appointment of another to the Commission. Messrs.

Hooker and Allen, the members of the commission, have applied to the Attorney General for an opinion as to whether they legally can proceed to organize the commission and officially transact business. Attorney General Is in New York, and therefore they can get no opinion for a day or two. The consensus of opinion of lawyers around the Capitol, though. Is that such organization, in view of the terms of statute, would be impossible, and that the business of the Highways ofllcial must be held up pending a formal organisation Lawyers say that the law provides for a commission of three members and by its terms expressly shows that a bipartisan commission was lzed. Consequently, there being no minority representative, the commission legally may not organize.

If either of the commissioners confirmed were a Democrat the commission might organize with two members. Senator Raines said to-day that his attention had been called to this phase of the affair. "My opinion is." said he. "that the wording ai the highway law expressly preveris any such organization of the commission. I do not for a moment that the Governor will refuse to send In another nomination.

Surely out of TCM.OOO Democrats he can find one who will meet his requirements and those of the statute and be confirmed by the Senate." Dean Allen, the counsel la the Governor, was asked tS-day about the alleged unconstitutionally of the highway law in that it imposes a qualification for office, which some lawyers say is not allowable under the state constitution. He said it was a question which eventually would, without doubt, go to the Attorney General for an opinion. "This same condition." said he. "runs through several laws which provide for a bipartisan commission. So far as I know, this question has never been raised before or its constitutionality determined." Meanwhile Messrs.

Hooker and Allen transacting routine business of the unorganized Highways Commission under an arrangement with State Engineer Williams, who has turned over to them highways bureau and given orders that they shall be recognized as heads. Officially, however, he is still the head of the highways bureau and responsible for the conduct of its business. TRINITY'S AFFAIRS UP IN ASSEMELY. Cuvillier Says if Ward Bill Affects Corporation Trouble May Be Expected. Albany, Feb.

The movement to investigate the rights of the Trinity Church corporation came up again In the Assembly to-ilay when the bill of Assemblyman Ward authorising the House of Evangelists In the City of New Ycrk to dispose of its property and become dissolved was reached. Mr. Cuvillier, who introduced the resolution calling for tlie Trinity Church corporation investigation, asked Air. Ward if the property belonged to Trinity Church. "I am not able to tell you just now.

but can da so by Monday night." said Mr. Ward. "Well, if it is. said Mr. Cuvillier.

"you can expect trouble from ire." The went over BBBtfl ssiej night, after being SAMPSON MTJRDER INQUIRY OVE2f Grand Jury Not Expected to Rise, However, Until Next Week. Rochester. Feb. The to-day about the eeesrtkoeas at L.yor= mt relatives of the involved the Sampson homicide case leads to the conclusion that the examination of the grand Jury into the case has ended, but it is not expected that the Jury will rise before the beginning of next week. Georgia A.

Sampson is charged wlrh murder of her husband. Harry Sampson, at Macedon, where they lived. The dead man was nephew of the late Admiral Sampson. POLICE LIEUTENANTS' DINNER. The lieutenants of pSCSM are BBSjfctasj great preparations for their annual dinner at the "Waldorf on Monday night of next week.

Lieutenant E. Enright is president. The speakers' list Archbishop Farley. Governor Hughes. John Graves.

Oeputy Woods. Hansom and Bugher and Job E. Hedges. Police Cotnsasa. sloner Bingham has not yet slgr.lfled his to attend the dinner..