davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1902-01-22
WANTS PAROLES STOPPED.
DISTRICT ATTORNEY CLARKE OF KINGS
COUNTY THINKS LAW UNCON-
STITUTIONAL.

With a view to stopping the pardoning Of
criminals under the law passed last year, pro-
viding for the parole pardoning of certain
prisoners at Sing Sing by the Board OF Prison
Commissioners and also to test the constitu-
tonality of the law, District Attorney John F.
Clarke of Kings County has secured an order
from Supreme Court Justice Maddox directing
Warden Addison Johnson, of Sing Sing TO show
cause why a peremptory writ of mandamus
should not be issued to prevent him from acting
on the paroles granted by the Board of Prison
Commissioners.
The papers have been served ON Warden John
son, and copy of the same papers was served
OF the writ will be made before Justice MADDOX
in Brooklyn January 2S. AT that time the
Attorney General, IL is said, will be represented
by Edward Lauterbach, of Hoadly, Lauterpacn
& johnson. District Attorney Clarke is suing
not Only as a county officer, but also as an In
dividual and taxpayer.
We have prevented the release OF any more
hardened criminals until this question can be
settled said the District Attorney yesterday
Assistant District Attorney Elder. who Is rep
resenting me in this action. explained to me that
he believed the law 10 be unconstitutional, and
1 agree with him. He has shown me a case in
the Court Of Appeals which bears out our con-
tention that the exclusive power 10 pardon is
held to be in the Governor"
Assistant District Attorney Elder said: This
have been condemned both by judges in New
York County and by Judges Aspinall and crane
in Kings. Moreover. Warden Johnson. who is
an expert in prison management, told me tnat
he thought the system of paroles established by
the two acts was a very bad one. This proceed
test the constitutionality of the indeterminate
act
New-York tribune., 1902-01-22
NEWJERSEY NEWS.
WANT TO CONSOLIDATE BANKs
ARK BANKING COMPANY AND NEW
ARK CITY NATIONAL BANK

The movement for bank consolidation =, v.-
ARK had new development yesterday. when N,
directors Of the National Newark BANKING g.
pany, OF which Frederick FrelinghuvsAn ,h
newly elected president Of the Mutual Ba,aa.
Life Insurance Company, is a director dAc,sas
TO call meeting OF the stockholders TO vo+A A.,
proposition to consolidate with the Nara-.
CITY National Bank. The proposition is to pn4,s
the two boards of directors in full and retain ,h
present officers and clerical forces Of the +r,
banks The circular TO the stockholders sta+a,
that the proposition for consolidation has hAs,
approved by the Controller OF the Currency
Ii Is in brief that the assets OF the Navs-,-
City National Bank are worth 81, 1,OOOOO0 ar5
the capital is SJOOO0O. Each share Of stoclz =.
a par value of $40 has a book value OF sion
The assets of the National Newark Bankins
Company computed at 81. 100000 and each
share of stock at $3.50. A consolidation OF the
two banks would make total of So 800 600 ~
assets and capital of S1.O00.000. with surplus
assets of S1.5OO.OOO. giving each share OF con-
sOlidated capital a book value of S125 AS the
Newark City Bank would contribute two-hfths
and the Newark Banking Company three-dfths
the allotment would be 100000 Of the new stocL;
to the shareholders of the one bank, and 5000 OOl
to the other. Among the directors whose names
are attached to the circular are Governor Frank
lin Murphy. Frederick Frelinghuysen, Eugens
Vanderpool and Edward S. Campbell.
New-York tribune., 1902-01-22
LITIGATION OVER $4,000.
THE MANHATTAN RAILWAY AND WESTERN
UNION COMPANIES CONTEND FOR
ITS DISPOSITION

Two motions involving the disposition Of judg-
ment for $1,000 occupied the attention of Justice
Leventritt, in the Supreme Court, yesterday.
Augustus D. Shepard, as owner OF the premises
No. Y 10 rs Trinity Place, in a suit brought by
him some time ago. after trial before Justice
Bischof. obtained judgment against the Man
haitian Railway Company for the value of his
easements in the property. Shepard had purchased
the property from jefferson and Napoleon Levy,
who in their turn had purchased II from the West
ern Union Telegraph Company. An appeal from
the decision of Justice Bischof taken TO the
Appellate Division and thence the Court of
Appeals, which affirmed the ruling Of Justice
Bischoff.
The Western Union Telegraph Company on the
strength of agreement made between II and
the Levys that the value of the easements was
10 be paid by the telegraph company If judgment
were recovered against the Manhattan Railway
Company. sued Shepard and other defendants in
Guiding the Manhattan Railway Company for the
value of the easements.
The telegraph company yesterday moved for an
order directing the payment OF the $4,000 into.
court 20 await the result Of the new trial in its
action and the Manhattan Railway Company,
which is defendant in both the telegraph COM
penys and Shepards suit. concurred in this
application. Shepard opposed both motions the
GROUND that as he had secured his Judgment upon
the decision Of the Court of Appeals. ne was
entitled to receive the money.
Justice Leventrftt reserved his decision.
New-York tribune., 1902-01-22
NOW RHODE ISLAND CITIZENS.
NEWCOMERS. ON DISPOSITIONS. GAIN
RESIDENCES IN NEWPORT TO
EVADE TAX LAWS
Inr rr1EoRArH TO THE rRIpuxr1

tBT TELEGRAPH TO THE TRIBUNE1
Newport r. l.. Jan. 21-In the Common Pleas
Division OF the Supreme Court. at Newport this
morning the petitions of Mrs. William Astor
William c. Schermerhorn. Samuel F. Hunting
ton and Hamilton Fish Webster for DEGREES es-
tablshing their legal residence and citizenship
in Newport were heard depositions and de-
crees were granted by Judge Blodgett declaring
the several petitioners legal residents and citi-
zens in this State. There was no opposition
The case came up under the jury trial waived
caption. and Samuel r. Honey. Of New-York
appeared for the petitioners who sought to es-
cape the New-York laws on taxation OF the
estates in OF death.
The petitioners were not present but there
were long dispositions. those OF the men setting
forth that they had registered and. voted in
Newport and proposed to pay personal taxes
which might be assessed against them Mrs
Astor set forth her desire to pay her personal
tax in Rhode Island and also that she had spent
a greater part of her time in Newport since 1892
and proposed TO continue Newport as her main
place Of residence The court reviewed the law
on the matter and declared the petitions
granted
New-York tribune., 1902-01-22
e" HUCKLEBERRY" GIVES 1T UP
wITHDRAws ITS OPPOSITION TO THE
PORT CHESTER LINE.

The State Railroad Commission was treated to
a surprise yesterday when it met in the Fifth
Avenue Hotel to hear final arguments on the ap-
plication OF the New-York and Port Chester
Railroad Company for q franchise to build a
four track electric road from One-hundred- and
thirty-second-st., in The Bronx, to Port Chester
and the State line The surprise was letter
from William H. Page, jr.. counsel for the Union
Railway Company. otherwise known as the
Huckleberry Line withdrawing it's opposition
to the application OF the New-York and Port
Chester Railroad Company. Heretofore the
Union Railway Company in connection with the
New-Haven road. had been fighting the applica-
ton, but Mr. Page wrote that the company with
drew Its appearance and further participation
as an objector' for the reason that 1t had de-
cided that the projected four track electric road
to Port Chester in wise opposed to Its
interests. The letter ended with this statement;
Having TO this conclusion, the company re-
CARDS 1t as It's duty to the people OF the M
Railroad Commissioners. who are considering this
matter, to explain its attitude Immediately, as II
accordingly does.
General Daniel f. Sickles asked to have a hear
ing as a resident OF ew-Rochelle before the
lawyers of the company and of its opponents
summed up He was allowed to make ad-
dress. and he attacked the managers of the New
York, New-Haven and Hartford Railroad, de-
claring that they should be ashamed to come
before the Railroad Commission and through its
lawyers oppose a franchise for new road. He
said in conclusion:
They want us people along the line OF their road
TO continue riding their trains and travelling
through that hellhole tunnel They tell us that
must and shall continue 10 travel on their line
at the peril of our lives. and compel US to take out
accident insurance policy every time we board
one OF their l am OF many in favor of the
commission granting to the New York and Port
Chester Railroad Company its franchise.
J. s. Richards, representing opposing rail-
road company that has built road. said that
the New-York and Port Chester Railroad Com
pany had not complied with the charter in put
ting UP 10 per cent of its capital stock at the
time il filed its articles OF Incorporation. The
amount had been put up in the form OF a check
instead of cash, he said. He admitted that the
company subsequently substituted cash for the
check. but he insisted that failure to put up the
cash in the first place invaldated the incorpora-
ton of the company. Frank S. Smith and w. c.
Trull replied to arguments against the applica-
ton for a franchise. and all the lawyers inter-
ested in the case submitted briefs
Commissioner Cole said after the meeting that
the commission would announce its decision on
the application later There was no time limit
for the decision, he said.
John B. Mcdonald, the rapid transit contrac-
tor invited the commissioners to inspect portions
of the subway and have luncheon with him, and
they accepted his invitation.
New-York tribune., 1902-01-22
MGURK FINED $500.
HE APPEARS IN COURT, AND IS AT ONCE
REARREsTED, CHARGED WITH KEEP
ING A DIsoRDERLY HOUSE.

John H. McGurk. formerly the proprietor OF
Suicide Hail." in the Bowery. walked into the
Court OF Special Sessions yesterday with his coun-
sell ex-Assistant District Attorney Daniel OReily'
and gave himself up for sentence by Justice NC
Kean for having kept disorderly mousse AT NO
1l2 Third-ave. Since his conviction the police have
been unable TO find McGurk. and his bond OF si'V"
was forfeited. The old man made an elaborate
apology 10 the justices. He said he had been too
sick TO
There's no use Of lecturins you" said Justice
Mexican. I'VE must accept your apology. sup
pose But there Is thing which we want you
TO take very much heart, and that Is II you
come here again on the same charge you viii get
the full penalty. a years Imprisonment and 500
fine Then the justice imposed a hne OF 500
Magistrate McKean's words were hardly out OF
his mouth when detective of the Fifth-st station
placed McCurk under arrest on another charge OF
running disorderly house. The detectives orders
were from Acting Captain Churchill.
McCiurk led from the courtroom, whlie MS
counsel paid the fine just imposed. -
The prisoner taken at once TO Yorkvile
Court, where he arraigned before Magistrate
Mayo. At the request OF Acting Captain Churchill
OF the Fifth-st. station. who said his witnesses
were not in court the was adjourned until
Friday. Bail which placed at N00o. was fur
nished by Lewis Steinhardt. of No Is West Eighty
eighth-St.
New-York tribune., 1902-01-22
MORE GOLD FIELDS DISCOVERED

Victoria, B. c.. Jan. A.-The steamer Amoor ar
rived to-day from Skagway. She brought news
that rich pay dirt has been found running from
four 20 seven cents 20 the pan on Good Pasture
Creek. stampede has taken place Circle CITY
is deserted. The Good Pasture Is tributary OF tha
strike has been made on No. "a claim, Eldorado
where the second bed rock has been reached. Pans
ranging IN value from 81 to IS have been taken out
Two prospectors have arrived at Haines Mission
with $4,000 as result OF two weeks work on Mush
Creek These miners, A. Bronson and j. F. Miller
would not give the location OF their find.
AT Dawson great interest centres In the Koy,lkllk
where rich finds have been made Many are going
from Dawson despite the hardehps and heavy cosf
OF provisions in the Koyukuk
New-York tribune., 1902-01-22
A TAMMANY EMPLOYE OUT.
PRESIDENT CANTOR REQUESTS wUND's
RESIGNATION BECAUSE OF COMPLAINTS

RESlCNATION BECAUSE OF COMPLAINTS.
Jacob Wund. superintendent of paving and re-
paving. handed in his resignation Borough Presi-
dent Cantor yesterday. He appointed under
the Tammany administration. and his salary was
5000 a year. President Cantor has received a num-
ber OF complaints about Wund's supervision OF the
work OF paving and repaving. Contractors who
were opposed to Wund say that he was uniformly
friendly 10 the asphalt combination and antago-
nistic to contractors and property owners.
One of the letters Of complaint was from Richard
Deeves contractor. OF No. 500 Broadway. MIR
Peeves built a stable for Mr.. Solomon at No. 50
East Eighty -hfth-st.. and found II necessary cut
through the asphalt in order to make plumbing
connections The street badly torn up at the
time on account of the laying of a S6-inch main.
Wund ordered MIR. Deeves to relay forty Yards of
asphalt. Mr.. Deeves protested, asserting that by
tight ne should be required to lay only six yards
TO President Cantor. The latter got some sort OF
an explanation from Wund. but IL was not salts
factory. He asked for Wunds resignation, which
was at once sent in: The position is In the Civil
Service list, and IL is probable that Wund would
not have resigned If his superiors had not had
ample reason for forcing him out. His Successor
has not been appointed.
New-York tribune., 1902-01-22
MITCHELL MINERS PRESIDENT. ACCUSED.
HE DENIES CHARGES MADE TO CONVENTION ny
AN EMPLOYE.

AN EMPLOYE.
Indianap polls Jan Z-Charges against President
Mitchell, Secretary Wilson and the Executive Board
OF the United Mine Workers OF America were the
first business before the convention this afternoon
ond the unexpected announcement that the charges
would be taken up caused furry Of excitement in
the convention. The charges were made by Miss
Meredith, an ex-employe OF the national office
Miss Meredith had prepared the charges in type
written form.
The young womans statement concerned the al
legged shortage of ex-Secretary- Treasurer Pearce
and alleged that President Mitchell and Secretary
Treasurer Wilson did give all the facts
concerning Pearce's actions. and that they will
fully lied" to the miners committee a year ago
She demanded an investigation OF the books 70 see
how much Pearce's alleged shortage really was
She intmated that both Mitchell and Wilson
give out all the facts and charges that Pearce
frequently presented bills for double the amount OF
purchases She also said that Pearce's extra
money amounted TO $1,000 year. while Mitchell
and Wilson reported that he had taken only $3.50
Wilson denied the charges. and said they were
the outgrowth of spite. Miss Meredith he said
recently removed assistant secretary
She is the young woman to whom a gold medal
presented for discovering the Pearce shortage
President Mitchell also denied the OF
Miss Meredith Hts remarks were frequently in
terrupted by applause.
New-York tribune., 1902-01-22
PRESBYTERIANS' NEW CREED.

OUTLINE OF SHORT DECLARATION OF Be
LIEF COMPLETED BY COMMITTEE.
Pittsburg Jan. H.-The Presbyterian creed
vision committee has been called to meet In Phila-
dephia week after next 10 hear the reports OF the
several subcommittee. 1t Is expected that the
finishing touches will be put the "declaratory
statement of the things which most surely be-
heved" as the subcommittee has completed the
outline.
The plan is to report this short creed 10 the
General Assembly as the committee feels that II
will not satisfy the Church simply TO report prog
ress. The statement to be issued recognizes the
fundamental doctrines OF Calvinism and expresses
them in popular form. II teaches the existence OF
God, the doctrines OF the divine sovereignty, the
Trinity, the divinity of Christ the inspiration of
the Scriptures. life everlasting the atonement,
destination and other fundamental truths, but
avoids the old phraseology around which contro-
versy ragged.
The United Presbyterian General Assembly has
also undertaken TO summarize the doctrines OF the
Confession of Faith for popular use In the case
Of the United Prcsbyterians the General Assembly
will settle the question, and the churches will
the statement on their recommendation
New-York tribune., 1902-01-22
ARCTIC CLUB TO STICK TO PEARY.

The Peary Arctic Club held It's annual meeting
yesterday re-electing Morris K. Jesup president
Henry W. Cannon treasurer and Herbert L. Bridg-
man secretary Resolutions adopted congrat-
ulating Mr. Peary his achievement IN rounding
in 1901 the northern end OF the Greenland archi-
pelago; commencing the fortitude and tenacity
with which he adheres his original purpose 10
reach the Pole ana pledging him support to the
end
Recognition also made Of the services OF
Matthew Henson and Ahngmalokto, the Esquimau
who accompanied Mr.. Peary his highest north
ern trip and of Captain Samuel w. Bartletts abil-
ity and efficiency In bringing the Windward and
all her company safely through the winter OF 1Soo0
at Cape Sabine. The matter of a steamer for next
summers expedition was referred 10 the executive
committee.
New-York tribune., 1902-01-22
MUST MOVE BRIGADE HEADQUARTERS.
TO LEAVE THE MUNICIPAL BUILD
ING BROOKLYN.

So much pressure has been brought to bear upon
Frank ]. Helme. Superintendent OF Public Build
ings in Brooklyn, for and larger quarters for
the various municipal departments. that he has
been obliged inform General James McLeer,
commanding the Second Brigade of the National
Guard. that he must vacate the three rooms in the
Municipal Building which were fitted up brigade
headquarters about year ago. General McLeer
made a strong protest. but he told that IL
would be necessary TO have the rooms Febru-
ary j. Mr. Helmle has made no provision for Cen
eral McLeers headquarters, and says that the
General will have TO find rooms for himself.
The National Guard is to be deprived not only
OF its headquarters, but also OF the telephones
which have been used in the headquarters and
the various armories. Superintendent Helme has
told the telephone company that after this date
will not be responsible for the OF tele-
arnories in Brooklyn.
New-York tribune., 1902-01-22
APPOINTMENTS TO BOROUGH OFFICES.

Louis L. Tribus. experienced civil engineer to
the place OF Commissioner of Public Works Of
Richmond Borough Mr.. Tribus took the oath of
Office from Mayor Low last evening at the City
Hall. and Will enter upon the discharge of his
duties at once. He has made a speciality of the
construction of water works and sewerage systems
Engineers. - '-'
President Hafren has appointed Thoma. J.
Byrnes, OF No. S28 East One-hundred- and hfrtv-
sevsnth,st, as superintendent of public buildings
Louis F. Burchard has been recornrnendes nv .,,
eral persons for Deputy Commissioner ~ Vs.sr
5ss and Electricity In the Borough OF FrookJyn'
Mr. Burchsrd is a son of the clergyman who Ised
the phrase. Rum. Romsnism and rebellion ~
New-York tribune., 1902-01-22

THE NBvADAN GOES OFF THE WAYS AT CAMDEN

THE NEvADAN GOES OFF THE WAYS AT CAMDEN
Camden, N J., Jan. 2l-The steamship Nevadan
successfully launched at the New York Ship
building Company's yard in this city to-day. The
vessel is being built for the American Hawaiian
Steamship Company. and will be completed in about
two months. She is one of three vessels that the
company is building for this concern. The new
ship was named by Miss Mildred Morse the
daughter of President Morse of the shipbuilding
company.
beam is 46 feet and her moulded depth at the shel-
ter deck Is 346 feet. Her tonnage Is $780, and she
will have a speed of thirteen knots an hour She
will both coal and oil fuel.
New-York tribune., 1902-01-22
AGAINST USE OF STEAM IN TUNNEL

Albany jan N.-The text OF Mr.. Wainwright's s
bill designed to prohibit the OF steam in the
Park-ave. tunnel in New-York is as follows:
On and after the first day Of January. 1903. it
shall not be lawful for any railroad corporation 10
tunnel situated wholly or in part in the Borough
of Manhattan. in the City of New tork. ..,.,o,,.
Every corporation violating any OF the provisions
of this act shall be guilty of a msdemeanor' and
NAV be indicted therefor by the grand jury, and
NAV be proceeded against now provided by the
Code of Criminal Procedure, and upon conylction
thereof shall be punished by fine OF 5000 Tor
each offence and duly sentenced 10 pay the same
Such fine shall be collected as proyaed IN section
$50 of the Code of Criminal Procedure 80
All acts or parts OF acts inconsistent with the
provisions of this hereby repealed.
New-York tribune., 1902-01-22
JEROMF'S EAST SIDE HOME.
KEEPS CAMPAIGN PROMISE BY LEASING
RUTGERS-ST. HOUSE.
ATTORNEYS OFFICE - MRS. JEROME
NOT PLEASED WITH THE MOVE

PART OF 1T WILL BE A BRANCH OF DISTRICT
ATTORNEYS OFFICE - MRS. JEROME
NOT PLEASED WITH THE MOVE.
District Attorney Jerome proved last night the
sincerity of his ante-electon statements that he
intended to make his home among the people
of the East Side. in the event of his election, by
announcing that he had leased for four years
the house at No. 8 Rutgers-st He intends, he
said. TO make this house not only his home but
also sort of suboffice Of the District Attorneys
Office, where OF his assistants will always
be on hand to look after the interests Of the
dwellers on the lower East Side.
The house leased by Mr.. Jerome is four
story brick building and is just off Hewitt Park.
1t has been used Catholic brothers school,
and is near the Educational Alliance and the
Nurses Settlement.
Just when Mr.. Jerome will take up his abode
In the house he could not say yesterday, as 1t
will have to be remodelIed in many particulars.
The basement of the house will be used by
wants. The parlor floor front. is to be used as
the branch of tie District Attorneys office, and
on this floor will also be a library and a dining
room. The second floor will have a sitting room.
bedroom and bathroom for Mr.. Jerome's family.
On the third floor there will he sitting room
and bedrooms. which will be occupied by AS
sistant District Attorney Howard s. Cans and
Mr.. Jerome's private secretary, Albert Holder.
who will have charge of the branch of the Dis
trict Attorneys office. On the fourth floor there
will be bedrooms and sitting room. Deputy
Assistant District Attorney George w Morgan.
who will also be attached to the branch, will
occupy one of these rooms. The others will be
used as spare rooms for men in the District At
torneys office who will be assigned from time
to time for work on the East Side In connec-
ton with the branch
For several years Mr.. Jerome has lived with
his wife and at No. $50 West One hundred
and-forty eighth-st. This house is owned by
Mr.. Jerome, but II is now the market
District Attorney Jerome last night admitted
that his wife not pleased with the idea of
living on the East Side. II is not believed that
she will pass much of her time there Their
son. who is affectionately called "Chinky.' will
pass most Of his time at private school in
Lakeville Conn, where Mr.. Jerome has a coun-
try place.
New-York tribune., 1902-01-22
LUTHER r. MARSH SUES FOR INSURANCE.
He WANTS EXECUTORS OF MRS. HUT14ER
sPIRITUALIsT. TO RETURN POLICIES.
IBY TELEGRAPH TO THE TRIBUNE. !

Goshen, n. Y, Jan. 21.-Luther r. Marsh has
brought suit against the executors OF the will OF
Clarissa j. Huyler the spirituastic medium who
died several months ago. 10 recover insurance
policies on his life aggresating $4,000 which Mrs
Huyler in the will claimed her own Mr.. Marsh
contends that he assigned the policies Mrs
Huyler In belief that he would not outlive her and
that ne gave them 10 her attorneys. Din & Cox to
keep in trust until he should direct their delivery
to Mrs. Huyler- The attorneys allege that the de-
livery was absolute and that the assignment was
duly filed with the companies. Mr.. Marsh also files
claim OF $500 for professional services during
Mrs Huyler's lifetime