New-York tribune., 1886-05-26
THE THIRD AVENUE STRIKE.
PLANNING DESPERATE MEASURES.
An ASSAULT on TWO MEN NOW AT wORK-CHANGEs
II Tile EXECUTIVE BOARD.

LhNNi4Np DisCi |h+t - sii-hrthi-''
AN ASSAULT on TWO MEN NOW AT woRK-CHANGEs
N THE EXECUTIVE BOARD.
Affairs with the striking car drivers seem to
no in decidedly mixed and uncertain con-
dton. and from all outward appearances
desperate step by which the strikers hope the
Third Avenue Company will be compelled to yield to
their demands being arranged That they lost their
best friend when the resignation OF Joseph
O'Donne, exchairman OF the Executive Board OF the
Empire Protective Association, Is generally con-
ceCed. and when. after several weeks trial. Captain
Colum is also asked resign. the opinion IL prevalent
that nothing but desperate intended. Al
officers OF the Empire Protective Association
deny cmphatcay that general "tie-up" is intended
discussed it learned yesterday that much dissat
sfacton existed the strikers the present
OF AFFAIRS and that Captain Colluns resignation not
rendered until had been asked for by his associates He
is charged with pushing matters in to suit
his followers and 1t Is also said that his stage line has
proved to he a costly experiment
The meeting OF District Assembly No. Is. did not
break up until a. yesterday. At the meeting
many expressions OF dissatisfaction uttered
and point blank refusas to money toward the
strikers support OF the stages Delegates
other lines present and said that tho drivers
and conductors on the other roads would not
give any money toward carrying on the strike.
They admit that the strikers beaten and that they
ought continue the useless expenditure OF money
Three members Of the Executive Board also
handed in their designations They are ". F.
Boyle, S. ID. Cannon and W. Wallace. and their
places Immediately filed by W. F. Greenwood,
Of the Forty-secondst. lne as chairman, and two
Brooklyn men, Messrs. Waters and Coupe. the board
1t said the strikers headquarters that Greenwood
Is not the man who was chosen TO tll the vacancy
caused by the resignation of Captain Colum,
but learned from other sources that he
occupy the position until Andrew d. Best returns
from convention OF the Knignls Of Labor IN Cieve
land. upI h. La ffAr Ia IA,
rantatn Collnm was I'm possessIon Of An agreement
signed by presidents all city railroads by
which all the companies were to combine and hglt any
sths Ihn, az m ma. oGc S ina ,as & 5oy ~s va me
Board and by Captain CoIun last night At the head.
quarters strikers there the usual gathering OF
drivers and conductors Secretary Milford gave out
the following statement:
At the re snar meeting OF District Assembly, No. 10
held on Monday night Captain Cullun resltnei his post
at once filed The Change In the board WIZ nave
effect condition OF the strike as was decided
laid All rumOrs OF general tic-up are without
foundation The Executive Board have mapped out
plan OF battle and intend To stick to until every
IL back IN his Old position
LOOKING Of the former board and per-
fecting ARRANGEMENTS for future actou
Jacob Devne and Robert Ferris conductors on the
Third Avenue Road. They came over here from Phila
dephia In answer to an advertisement over month ago
was their NIGHT OFF. and they went TO No.
5O2 Th rd-ave. to see George McComb aud Thomas De-
ylne two Pnilade phians also conductors
on tho Third Avenue road. About o'clock they all
started go the Peoples Theatre IN the Bowery aud
walked up To hrave. and stood on thr corner waiting
for q car. They talking together when Andrew j.
McCabe and another man whose name is unknown came
up To them and SAID; 49,
:" Hello, boys Are you goIlg out for time 7 We
just came down from the sixy-hfth-st stables, aud
would not ulnd gong aonS VITA you, We nave on'y
been at work for two days but Robinson gave Us
night off to enjoy ourselves
None of the other men the speaker his COM
panior and they told them so but they Insisted on
"S tbe Ti,r .e' acop peyino. wa"ss iet arm
was crippled IN the war, was nearrsL
tie ear, aud he motiOned 10 the driver
to stop ,icCabe without saving word struck nm
violent blow the face which broke his nose aud cosed
struck Inonas Devne in the neck with a
stone piece or 9n mat ne Hga aS ones m
20 his feet be drew revolver ana cock ng IT, warned ais
the man, followed him up a. II 10 throw sOIne-
thing To the ear and Jumped on the back PLATFORM
The noise vi the quarrri attracted .ne a.tenon o. Sn
McCabc shouted that he had been assaulted and called
on the officers to arrest Devne who still had
the revolver IN his hand Devne was taken to the
Thrty-hfthst. station where McCabe made charge of
assault and gave his nome as No. 6jl tIr,taye. Ne
CaDe away from the ice station ana had been
gone only a moment when Jacob Devlne came IN
told story that McCabe had been trying
to play sharp trick. and officer seat aner him.
lie does not live at the place where he SAID he di ana
panion we're iienIiici from their description
hanging around the stables at slIty-iiitlrst
Two of the ranrold ohicalscacd at the police station
later and secured Drvnos release ana nscd tno poce
to leave untnrned TO eaten the beNlserent
striker- the railroad company was determined I'd
protect Its al all hazards.
Corporation Counsel LacomDe has Z ven the iyor
the proposed ordnance passed Dy inc
Aldermen licensing car drivers. III cOhcIuuinS MS
opinion the Corporation Counsel SAYS:
It Will be observed that the proposed resolution re-
0ures the drivers unter the license 10 Oc given
to possess certain qualifications additional to those
enumerated in the and 1t Is cOntendsd thit the
he those additional q1tiucatlons Is de-
rived charter which. being the later act has,
IL claimed. pc .rI mo lliicd the earlier one.
In this opinion do not concur IL s ianiilar rule
OF interpretation that repea by implication Is not
fayOrei, and that where two statutes can pe
interpreted tnat they will bOtn stand this
shall be done. There TO be no lrrec-
oncable inconsistency between the two acts 1he power
to provide ordinance for the licensing OF car drivers
10y the charter does necessarily conflict win
the provisions Of the earlier act designating VINO may DO
empDyel drivers The persons 80 toDc employed
designated by the earlier statute but the later act
provides tnat when employed they mag no required
take licenses duly NUMBERED and registered. inc
use OF the phrase not inconsistent with aw seems
clearly Import intention not 10 dispense with the
application OF the rule OF lnterpreaton whch requires
acts On the absence OF repeating words ~ be con-
strucd, II possible, 40 that both Will stand