davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
the promise made during the engage


ment.'
The brother-in-law gave his note
simply to be shown to the wife and not
to be delivered. He strove for peace,
but set on foot litigation. The trial
Judge took the case out Of the hands
Of the jury and decided for the de-
PENDANT. The Appellate Division re-
versed, and now the Court Of Appeals
sustains the original judgment. The
court divides on the meaning and effect
of the decision in the case Of STRICKLAND
us. HENRY (75 N. Y. s72), in which Chief
Judge PARKER wrote the opinion for
united court.
II do not think that the possession
Of the note by the plaintiff, writes Judge
O'BRIEN, cor the use Of the words value
received create any question OF fact
for the jury. The case Of STRICKLAND
ps. HENRY is not an authority for any
such proposition That was doubtless
close case, but it was decided in this
court upon no such state OF facts as we
have now before us in this case.
Judge GRAY, however. thinks that the
argument OF A. B. PARKER, attorney, is
precluded by the decision of PARKER,
Chief Judge, THAT was an action upon
promissory note, when the defense was
that it was made for the accommodation
of the payee and that 1t had no legal in
oeption. We held that the defendant was
contradicted by an admission of his own
in the body Of the note that it was given
for value received. 1t was said, in the
opinion, that while it was open to de-
PENDANT to contradict that statement
and to show that, as matter of fact, it
was without consideration, the note
in the possession of plaintiff raised the
presumption that it was given for
good consideration, and passed to plain
tiff in due course OF business. The
defendants evidence tended to over
throw this presumption. Whether it
was true was, in view Of the legal pre-
sumption raised by plaintiffs possession
Of the note Endorsed by the payee, and
the recital therein that defendant had
received value for it, question Of fact
to be determined by the jury. That
there was no consideration for the ma
king OF this note rested upon the defend
ants evidence alone, and his credibillty
in view Of his admission in the note,
and Of its possession by the plaintiff,
as its payee, was a question for the
jury to pass upon. The direction OF a
verdict for the defendant was therefore
an error for which the Appellate Division
properly reversed the judgment
This decision offers an occasion for
the speculation: On what side Of the
court would PARKER, Chief Judge, have
stood had he presided over this appeal?
Would he have held with Judge GRAY
and applied the ruling of PARKER, Chief
Judge, in the case of STRICKLAND ps.
HENRY to the case at bar? Or would
he have sided with Judge O'BRIEN and
tho majority of the court in distin-
gushing this case from the Strickland
case, and in supporting the contention
Of ALTON B. PARKER, counsel for the
appellant?
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
Salt in Central Africa.

To THE EDITOR OF The SuN-str: With great
interest read your article on Central Africa 3
Need of Salt" and since have been visiting the
countries In question In semi offcial capacity for
the German Government, I am In position TO cor :
rect In some way the statement Of your CORE
spondout.
The reason why salt Is not traded as a rule fur
Their than 100 miles from tho coast is because tn
salt sold by European f,rms the coast Is almost
always saline salt. gained by condensing the brine.
myself have carried salt in Africa for several
hundred miles. and kept It for more than year
without losing more than per cent. OF Its weight.
But l had rock salt In double bags. the outer one
being waterproof canvas. each bag weighing sixty
pounds. In such packing It Is possible to carry
salt right through Africa.
Salt Ia the most important trading article In
Central Africa now since the slave has practically
disappeared from the market. have socn wealthy
merchants starting corner In salt-hundreds Of
miles from the ooast-ln the most approved Chicago
exchange fashion. Then, of course. prices were
considerably higher than those mentioned In your
article. J. N. BAUER
SAN FRANCIsco, June o.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
In Pennsylvania.

For years it has been the practise OF
the Republican boss of Philadelphia to
occupy the Office of State Commits
sioner OF Insurance, and therefore the
resignation of the Hon. IzZY DURHAM
will be accepted as formal announce
ment Of his deposition from supreme
authority in the party Governor PENNY
PACKER, in accepting DuRHAM's resig-
nation, wrote that the Commissioners
inattention to his duties had been over
looked because there was hope "for
the restoration of his health" Whatever
DURHAM's physical condition may be,
he has failed amazingly in political
health in the last few weeks. and there
is evidence that the Hon. BoIEs PEN
ROSE is not 30 strong as he was.
Mayor JOHN WEAVER has knocked out
DURHAM completely. What have the citi-
zens Of Philadelphia to expect from DUR
HAMS successor, State Senator DAVID
MARTIN? Mr.. MARTIN is not an indi-
vidual to whom the hearts OF reformers
turn instinctively when leadership is
needed. He is not theorist in politics.
He is an eminently practical statesman,
trained in the organization school, a
practitioner of it's methods as they have
developed in Philadelphia. DURHAM
knocked him out when AsHBR1DGE was
Mayor. Now he succeeds DURHAM
What part had Mayor WEAVER in his
rehabilitation?
From various parts OF PENNSYLVANIA
comes news that the Philadelphia revolt
against DURHAM created no feeling OF
remorse among Republicans. There ia
talk Of reorganizing the machine which
Senator PENRosE inherited from Senator
QUAY. Mr.. QUAY's machine was rebuilt
for each emergency as it arose. It isa
question now whether his successors
can follow successfully tho policy OF
that political wizard. Pennsylvania
Republicans dearly 1--WE boss and
venerate machine. If the Quay heirs
are to be put out of business, some one
must take their place Will it be Sena-
tor KNOX, late Of Pittsburg? Or is
there another man now quietly prepar-
ing to assume the leadership?
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
A Theory of Restitution.

To THE EDITOR OF The suN-.Str: Referring to
your editorial this morning on tho subject OF Mr..
Rookefcller's ten million dollar gift to promote
higher education:
Is IL not possible that while the accumulation of
huge personal fortunes such ~ Mr. Rockefelier'a.
may cause suffering TO many In tho making, they
are likely to cause moro good In the course Of the
general evolution OF things In this country than n
the money composing them had been allowed to
remain divided between many persons!
II the money now possessed by Mr.. Rockefeller
were divided between the persons nom whom he
has taken II, theRe would be no ten million dollar
fund for higher education. Does this theory hold
water when carried TO It's ultimate consequences,
NEW YoRx, Julyi Ills.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
Itinerary for an Inspection Trip by the Mayor

To THE EDITOR OF THE SuN-.Sfr. was very
much pleased to notice that our honored Mayor had
been making a trip down to and around Staten Is
OF that borough In protecting them from the mos
quito. 1t has occurred to me II his Honor would
take trip about Manhattan Island. and then cross
over into The Bronx that he would see some things
Of interest and which would perhaps astonish him,
IN the way OF pavcments. Fortieth street and
Madison avenue Is and has been for four weeks
In a most disreputable condition. Living In New
York nearly all my life. have never yet seen such
hole left for such length OF time with no ATTEMPT
TO mend II. The attention OF the authorities has
been called 10 this several times and 1t Is now going
on Ave weeks since frst noticed 1t.
While on this trip he might 20 along Seventh
avenue from 10th street to l5Sth street. There
was time when this avenue was kept In perfect
order because men who owned fast horses used II
for a speedway. Now that we have nne speed.
way the paving 10 absolutely neglected. II y full
Of ri,s and holes, and even with tho enormous tires
Of an auto almost impossible.
Then n he goes over to Lenox avenue, say north
Of i2sth street. he might DO surprised At the condi
ton OF that thoroughfare. Then. II he has time
10 extend his nde over the vsduet TO the north
end of Riverside Drive he would md another nne
piece of road al the north end OF the v,Aduct ap-
proach.
After this slghtseeing trip perhaps he would
come back and cut on somebody's head. ofieialiy
l mean. All Of which Is respectfully submitted.
NEW YORK, June -, LIvH " Horn
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
Peculiar BOSTON Dance.


Astranger dropping OF a morning from the clouds
or from an express balloon from Mars TO group
OF persons waiting at . railroad station for train
to take them away from the land Of the brown tall
moth would signal BACK to his home that north o'
Boston dwell the most animated people on the lace
OF the earth. He would say that no matter no"
warm the morning, the natives. old and young
large and small. were going through a peculiar
dance In which the arms did perhaps nos' Oh we
execution While serious Russian topics "c,.
being discussed by three or four men theS "o"''
on with the dance Just the same. Women VOC.
dressed In somber fashion, while talking OF wv
latest sad event IN their neighborhood "ou'" az,
company their comments with two steps 10 "'
right OF them and two steps 10 the LEFT OF '"'I''
Bu, II the visitor would but stay few minute
over a train or two, he would send later '"'""
of his story TO the old folks at home, saI''S -,
could do II: he had caught the rhythm anu Wv
movement OF the dance. but tina, 1t wasn't stch '.n
Is II looked; and that he would like 10 poNpur
further ,nvestga OF this section OF the cow,
try tiil certain parasites, OF which he heard NV,
mention. could accomplish the work expected Oh
them,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
Parker. Chief Judge and Attorney

Y
The unusual situation of former
Judge resuming the practise Of the law
and in effect overruling his own decision
has just arisen in the case OF KRAMER %.
KRAMER. recently argued and decided
in the Court OF Appeals OF this State
In that case the final appeal on behalf
of the appellant was argued by the Hon.
ALTON B. PARKER, formerly Chief Judge
of the court. Mr.. PARKER's argument
was sustained by vote OF four to three,
reversing thereby the order of the APP
pellate Division, First Department, and
affirming the Judgment entered upon the
direction of verdict at the trial.
The prevailing opinion is written by
Judge O'BRIEN, and its reasoning is
supported by Judge VANN. Chief Judge
CULLEN and Judge WERNER. The mi
nority opinion, written by Judge GRAY, is
also the opinion Of Judge BARTLETT and
Judge HAIGHT.
The question before the court was an
important one in the law OF negotiable
paper. and rested upon the significance
to be attached to the words value re-
ceived" appearing on the face of promis-
sorry note. The precise point was whether
this admission. in case where a failure
of consideration was set up as defense,
presented a sufficient conflict Of fact
to warrant the submission of the case
to jury. or whether, on the other hand
it lay within the province OF the court
to reserve this to itself.
The defendant and appellant made a
promise. in the form OF a note given
to a husband to be delivered to his wife.
the payee, in order to secure peace be-
tween newly married couple. The
maker of the note was the brother of
the husband. "The theory upon which
a consideration for this note is made
out says Judge o 'BRIEN, is that before
the marriage it was contemplated that
some provision should be made by the
prospective husband for the plaintiff
1.-The wife], and that between the date
of the engagement and the date of the
marriage there were great many family
conversations upon this subject. The
plaintiff claims that it was agreed that
the prospective husband should settle
upon her $4,000, that amount to be
increased as he might be able, and it
is said that the last conversation on this
subject took place the day before the
marriage. There was no payment of
any money nor any settlement Of prop
erty in any form made upon the plain
tiff. 1t is claimed that after the marriage
the financial condition Of the husband
was disappointing to the wife and that
she insisted upon the performance Of
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
THE CITY CHAMBERLAIN.
Duties and Responsibilities OF the Man
VINO Holds tho Municipal Pursc.

From Chamberlai feenon's Annual Repor,
The duties Of the Chamberlain are hveiold.
first. to hold the moneys belonging to the civ
and to the various counties comprised In ths
limits of the Greater New York; second 10 act
as custodian and administrator OF court and
trust funds. generally known as equity moneys
third. as fiscal agent for the Ad jutant General
funds fourth as trustee OF civil and c pi1'an1
bail and mechanics liens paid in by order, al
courts. and. ffth. as County Treasurer IN rho
Criminal courts in the Counties comprsins a ,ha
greater city Of. New York. The required bond
e $500, 900, with four sureties. each qualifying
~ The be- business q III. ONCE IN the City Treas,
and payment Of all the public funds. the bank.
1 city ana e. E Of s en-
steadily increased since Jan: |. 1898. In fact.
trebled since the expiration Of my preceding
term as Chamberlain. Dec. 81, 1901.
The equity department. which includes.
military. warehouse. criminal and civil bail
funds. Is a very important branch. and one Of
c s5Ee ., aassn.
frsssnTsr " eS county, Hs Sa.
the n ana ntu hs Of
York.
1 have made q tabulated statement OF tina
number OF jurors used in the parts Of the dIf.
ferent courts with the cost to tho city. In New
York county alone there were 1882 jurors
The financial transa ctions OF this office for
the fiscal year ending Dec. 81. 1904 incudne
the. public moneys OF the city. and the court
and trust fundsl. amounted to seo7. sse. a+aS5t
and performing the duties incident to this
business there' was appropriated so27.a;?s
As Gust odian Of the court funds, the Cham.
berlain now holds, subject to his general
administrative duties in conjunction with the
latter sum there were net earnings OF interest
from Investments and deposits for the year
ending Dec. 81, 1904. OF Sl3s. $500.
The care and Investment Of court and trust
funds has been a matter OF deep concern 10
this ONCE. since they often represent nearly
mi-orphaned families. and i want TO testify
here to the careful management of and the
excellent character OF the investments made
by my pred
The legal commissions for handling these
funds received and turned into The city treas
the State tax was Is, 900. This amount wa,
credited to the sinking fund. The total fees ot
this office turned over to the city during tho
paid to the sinking fund redemption account
the interest received from the deposits Of city
moneys, amounting to s2o4 .osoo4, There are
1856 depositories for city and county funds,
and 20 depositories for court and trust funds,
making In all 1885 banks and trust companies
1t is. perhaps. interesting to note that thu
net cost OF caring for the 1907 $3.50. SIS pa".
Ing through this ONCE during the year was
sso, 7se 70 or SIX one-thousandths Of per cent
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03

For several months Mr. SAMUEL COM
PERs has been lashing himself into fury
of excited indignation over proposal
to establish new labor organization on
large scale in competition with the
American Federation OF Labor. In the
Federdlist for June he devotes four pages
to an editorial which leads up to this
declaration, printed in capital letters:
When any man or set OF men mask behind the
prctence OF friendship for labor. then attempt to
undermine or TO open FIRE upon the most successful,
general organization OF labor that the world has
yet seen. the American Federation OF Labor VIC
say. This is treason. gentlemen; 1t Is treason"
In the July number of that magazine
he gives a six page editorial to the same
general subject, paying special atten-
ton to the Hon. EUGENE V. DRBs, a
prominent leader in the new movement.
While declaring that there is no man on
earth toward whom he entertains the
slightest personal i'll will, he throws a
carefully selected assortment OF bricks
at Mr.. DEBs and his associates in the
proposed organization. Mr.. DEBs and
his fellow traitors to that noble institu-
ton of which Mr.. GoMPERs is the honored
head and voluble mouthpiece are now
getting back at Mr.. GoMPERs. They are
holding convention in Chicago. Two
hundred delegates are present for the
purpose Of organizing an Industrial
Unionist' association. Among those
present are representatives of the West
ern Federation Of Miners, the Socialist
Trades and Labor Alliance, the United
Mine Workers of America, the United
Brotherhood Of Railway Employees, the
Red Lodge Of Montana, the United Jani-
tors Local lO2 Of Chicago, and others,
curious tumble Of worthy and of doubtful
associations.
Thus far Mr.. DEBs has been the prin.
cipal oratY Of the convention. ,, He pays
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
SWITCHED.
From ne Bangor Netps.


What country boy Is there In Maine who has not
drunk switched! Perhaps few OF the younger
breed have not. but no boy who was raised In the
country nifty years ago can forget the soothing
and pleasing effects produced by tipping the Jug
his shoulder, turning his face TO one Side to
bring his mouth In contact VITA the jug, and then
permitting the switched 10 run down his parchcd
throat and reach the hot coppers" In his insldes
As near a. we can remember. the recipe for com
pounding switched was as follows:
stir ono ounce OF pulveriEed ginger into one
quart OF black molasses, mixing the ingredients
thoroughly until all the dry ginger has been wet
UP. Then pour the mixture into a four gallon Jug
MI the jug half way up With pure spring water
and shake thoroughly until the water has been
sweetened clear through. Then add more water
until the jug Is full after which II should be corked
tightly and sunk In cool we'll until wanted"
II our druggists and confectioners would mako
switched 10 day and keep on draft Il is belief
they could sell more of II than they do OF soda or
root beer or any other compound that Is adver-
tised. Where Is the man who will open q switched
fountain for the use OF the old boys'
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
THE SUN. MONDAY. JULY 8. 1905.

jail. For a number Of years, long enough
for most Of US to have forgotten their
connection with tho unsavory Carter
defalcation, Canada has refused to turn
these people over to tho American a,i-
thorities. She now seems fully disposed
to prevent Messrs. GAYNoR and GREENE
from turning themselves over to any
body else.
Commenting on this peculiar and
thus far successful effort to evade the
operation OF an international treaty,
the Toronto Globe says:
EFT Is In tho interest of both Canada and the
United States that prisoners accused OF ohenses
coming under the extrsdtion treaty between the
United States and Great Britain should be promptly
handed ov5T 10 their own Government py tho Execu =
tive OF tho country In which they take refuge Apart
from tho obligation TO enforce the treaty In good
faith, II should DO Impressed on the criminals OF
each country that they can md no safe refuge
In the other. 1t Is not AZ all necessary that the
evidence against them should be sufnoient 10 So
cure a conviction in the country they arc using
As an asylum all that Is In theory required Is that
1t should be enough to mako out q pr,ma faoe
case, such case as In that country would warrant
their committh for trial in court Of competent
Jurisdiction"
1t is much to be hoped that in bring
ing these offenders to trial and punish
ment the United States will be less
dilatory than Canada has been in sur
rendering them. Otherwise, their Of
tense, already obscure in the public
mind, will be utterly forgotten.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03

1t will be noted with some interest that
our neighbor the Tribune is displaying
uncommon solioitude lest Secretary TAFT,
by transfer to JOHN HAYS post In the State
Department, shall be torn against his will
from the Office he now adorns and from the
Panama Canal, In which he is wrapped
up, heart and SOUL Rather than zee TAFT
sacrificed In this way. the Tribune ventures
to suggest, even before Mr.. HAY Is in his
grave, that 'the President will have no
difficulty in finding man Of ability to
administer the State Department.
Can it be that the Tribvne's candidate is
the Hon. JOSEPH HopoEs CHoATE?
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
Early Railway Advertising.

The railway advertising business which now
monopollEes much valuable space In hotel ofices
began here. 81 remember II we'll" said man now
In Boston. when ! was boy was sent TO the
printing once where the Herald once now Is. to
Half . dozen different Western and local roads
advertised and I had 10 pin them together and
leave them In railway stations and hotel ofices.
would leave them on chairs and settees. and
we'll remember one morning when the clerk At the
old Winthrop House grabbed me by the neck and
unceremoniousy bounced me into the street for
nttering up his once
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03

" our friends THO f1roy US rRh mnnuscrtps FOR
publication trish TO hare rejected arcles raurned. ev
must In au cases send stamps for that purpose.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-03
Subscription. BY Mail. Postpaid.

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