davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1907-07-18
RECOUNT FIGHT in MIX
Continued from First Page.

would be taken as preciudins the consideration.
Of constitutionality.
Mr.. Richards then replied to the arguments ~
Mr.. Shearn. saying that grave injury would
result If the proceedings went on .
Then he grew indignant over the technical
point raised by Mr.. Shearn. saying that hs ara
Mr.. Hearst's counsel had come 10 en- agreensns
in Brooklyn He didn't like the idea Of NJ,
Shearns coming into the Manhattan court WITH
the new point about Jurisdiction. Mr.. Shearn
seemed to be amused. and said he thought hs
was within his rights OF this he was assur.s
by the court.
The opinion OF the court as finally handed
down. holds that there is no way " which thu
constitutionaIity Of the act can be reviewed On
a simple appeal in connection with the order sor
the recount. as suggested by Mr.. Shearn. II IN
held that the Controller. who is not party to
the original proceeding. could not take an ap.
peal, and reference is made TO the express pro.
vision Of the recount law that no appeal shan
be taken from the Appellate Division IN the case
OF any order for q recount made by the Supreme
Court under the mandatory provisions OF Tire
law.
The intent Of the act is held by the court to
be to make the proceedings before the Special
Term OF the Supreme Court summary, and no
appeal from an interlocutory order could bs
taken Therefore, it is held that writ OF pro-
hibtion is. in effect. the sole and proper remedy
for the REALTORS.
The granting of the stay and the whole opiu.
ion however are made conditional upon an aD-
peal within ten days by the realtors against the
denial of the writ OF prohibition.
In the Appellate Division Of the Supreme Court
in Brooklyn yesterday a petition was fled ask
ing for the right 70 appeal TO the Court Of Ap-
peals at Albany from the decision OF the Brook
lyn court IN denying on Tuesday the writ OF
prohibition restraining the justices OF the ST.
nrerne Court from issuing an order for a recount.
The names attached to the petition are Her
man A. Metz George b Mcclellan. John 7.
Dooling. Charles B. Page. John Mcclure and
Rudolph Fuller
The writ was denied by a majority OF only
one and It is thought possible that reversal
Of this decision might be obtained IL the case
we're taken before the Court OF Appeals
New-York tribune., 1907-07-18
HONORS TO DEAD NAVY OFFICER.
Funeral of Lieutenant Goodrich To Be Held
at His Home To-day.

The funeral OF Lieutenant CasDar Goodrich,
L S. y. who died from injuries received In the
explosion on board the battleship Georgia. Will
take place this morning at Stone Church, y. J.
The body arrived from Boston yesterday. II Will
be n funeral with all customary navy honors.
Two navy yard tugs, the Apache and the Mar
keeta. have been assigned to take the party that
will attend to tho Atlantic Highlands, whence
they Will take train for Stone Church. Lieutenant
Ellis of the flagship Connecticut, will be in charge
of the detail from the navy yard, winch Will con-
sst Of officers from every ship lying there and a
company of marines and sailors from the ConneCti-
and the Alabama The pallbeareTs will be class
mates OF the dead officer led by Lieutenant Ed
ward Chambers Hammer. jr., who a room
mate OF Goodrich NJ the Naval Academy. Lieu
tenant Hammer came from Charleston. where he Is
on duty. TO do honor 20 his dead chum. The Rev.
J. G Lord will ofiC!dte. 4 military salute will De
fired the grave and buGler will sound taps"
New-York tribune., 1907-07-18
PLUCKY sHUBERT PRESS AGENT
Though injured in Accident, Makes Home
at Office to Transact Business

Mrs. Helen Avery Hardy. press agent for the
Shubert theatrical enterprises. has been carried
from her home where she was hurt in getting out
OF carriage on Friday, to the Lyric Theatre and
has had rooms fitted out to her office there
With the assistance OF her daughter Mrs HARDY
is carrying the press work for the Shuberts
despite broken shoulder and many bruises from
the accident.
work by telephone from her home but she felt
that she not able to do It justice. So despite
office. She had many sympathetic callers yester-
day, and her desk almost covered with flow
ers.
Il was asked what my idea of n press
agent was" Mrs. Hardy said. "and l answered: {:
Some who gets good results with bad ma
terial ! certainly working with bad material
Just now as far my physical condition is con-
cerned and hope that shall be able to get the
good results"
New-York tribune., 1907-07-18
SUIT FOR NURSING FEES LOST.

Sidney Smith. appointed referee in the action
brought by Leander Frost. seventy years old to
get $500 from the estate OF Nathaniel 3. Harris
for nursing Mr.. Harris. filed report yesterday in
which he said that Frosts claim should not be
allowed Frost married O niece of Harris. and in
his old age-he was eghty-slx when he died
Harris lived with Frost. From the report IL
gathered that Harris made will in which he left
$4,000 TO Frosts wife. and still later made a codic
providing that IL should so Frost If his wife
died.
Mrs Frost died in 1901. Two years later Harris
became Ill and Frost nursed him Last May he
presented a bill TO the executors of the estate for
$35 a week from February 1893 until February 1906
in which year Harris died Several physicians
testified that Frost nursed Harris and should be
allowed s35 a week. II proved the referee
held that Harris had agreed TO pay Frost for his
services.
New-York tribune., 1907-07-18
FOR CHATTER REVISION
Gouernor Signs Bill affecting Neso
YOrk CitN.
IBy Telegraph to'The Tribune.1

Albany, July 17.-Governor Hughes signed to-
night the Page bill providing that the Gov
ernor name a commission Of nine members TO
revise and redraft the charter Of New York City.
This bill vetoed by Mayor Mcclellan and
passed over his veto by both houses. II stipu-
lates that the Mayor. Controller and a member
of the Board Of Aldermen shall be members OF
the commission. which shall present its report
and charter amendments IL bill form TO the next
d Legislature
The Governor also signed the Foelker bill en-
poWering the Board of Estimate and Apportion-
Inent TO pass claims for material or services
furnished 70 New York City. rather than to have
such claims taken through the Legislature.
New-York tribune., 1907-07-18
NIGHT COURTS ASSURED
MayOr Hears That GOUernOr Has
Signed Bill Prouiding TzcO.

Mayor Mcclellan received private advices from
Albany yesterday saying that the Governor had
signed the night court bill authorizing two night
courts. It is understood that the Mayor will ap-
point Assistant District Attorney Joseph Z. COrr-
gan to one Of the places and Otto H. Droege. a
lawyer, with offices in the World Building, to the
other
Mr.. CorriCan is a nephew of the late Archbishop
Corrgan. Mr. Droege has been indorsed by many
powerful Jewish organizations
Magistrate Whitman. president OF the Board of
City Magistrates, enthusiastic last hight when
he heard Of the Governors approval of the night
court bill The act will reduce the number of
arrests. he said. 1T will wipe out at stroke
the professional bondsman evil. and il will work
other reforms hope of a sweeping character.
l am confident that the professional bondsman
IN those cases at least, in which he has been most
vicious will be wiped out. No person arrested for
disOruery conduct the class of offence for which
most arrests where station house bonds can be
cepted, are made, be taken to station house
In fact the person arrested must be taken. forth
with. before a magistrate I think that this will
decrease the number of arrests, If not by so per
cent, at least very materially.
"A patrolman will not make arrest without
any partcular reason TO do when he knows
that he must at once take his prisoner court for
disposal feature of the bills intention is to
prevent the women who are arrested from being
held all night No woman will in the future be
taken direct TO station house. She will be taken
10 the night court where proper disposition Of her
case can be made promptly.
While the bill makes designation of a place
for court. I think that the Jefferson Market
court 10 bcSln with at least, VIII De the one at
which night sessions from o'clock in the evening
until o'clock in the morning, will be held
In cases OF felony the bill provides that persons
arrested may be taken to the night court, where
bonds can be accepted. But disposition Of such
cases will be made the next day in the proper
court. Final disposition will be made in the night
court when advisable of all the innumerable
cases in which a magistrate has summary juris-
dCtion
The bill has met with the cordial support Of all
sorts of civic organizations The editorial support
of The Tribune has been most valuable in counter
acting the influences opposed 10 the bill which have
made determined fight Now that II has been
finally signed by the Governor feel that great
reform has been accomplished"
Albany, July 1.-THE bill signed by the Governor
was Senator Harte's bill creating two additional
magistrates in New York County and one in
Queens. besides providing for the night police
courts. Senator AEnew also had bill drawn up
by Magistrate Whitman. providing for night po-
lice courts. with~one extra magistrate in New York
County but the Governor chose the Harte bill
rather than sign two bills 70 accomplish the pur-
pose.
New-York tribune., 1907-07-18
DEATH NOTE TO BANKER.
Jamaica Man Harmed by Hail That
He VII Be Murdered.

den,ic OF ANONYMOUS letters. The latest recipient
OF one OF the letters is William D Lleweyg, cash
Ter OF the jamaica branch Of the Bank OF Long
Island Others who have received letters a-e Mrs.
Emma BtsselI OF Fulton and Clinton avenues. and
ex-Sherin William Cass Baker. OF No. lS Harden
brook avenue.
ILewellyn who lives IN Bergen avenue. was at
work in the bank yesterday when his vile brought
n letter 10 him which had come through the mail
The letter was written on gray wrapping paper and
read:
n God in heaven If you stay IN jamaica We
are waiting for the chance Get out of the town
or tak5 the results Look out for your child Re
venge is motive
There was signature 10 the letter, and the
ILeWeIyns became afraid that some harm miShr
come 20 their four -year-old daughter. Ruth Ine
police have been working the case. but havs
made no arrests They watching the Llewe1lyn
home. AIr. LlewelIyn IS we'll known IN Jamaica
and is we'll Liked in the town
New-York tribune., 1907-07-18
THE VENEZUELAN REPUDIATIoN.
Consul General Says Awards Grossly ID
Excess of the Amount Owed.

Brussels July 1.-THE Venezuelan Consu'
General has submitted reasons for the non-eot'-
pliance OF Venezuela with The Hague Judgment
in the matter of the payment OF certain dso'S'
including $4,000 600 10 Belgian creditors In an
interview to-day the Venezuelan representatN0
said that the sums awarded were grossly -
excess of what was actually owing to the Il vail.
Gus states. Venezuela. he added. was wi'i.,s
to settle. but declined to pay out what she "A
not owe.
The semi-officiaI organ. The Journal. hih..
that France, the United States. Mexico. SweueA
and Holland are about TO join Belgium IN orias
ing pressure to bear upon Venezuela 70 meet ~
obligations. now that Belgium has taAH"
first STEP
New-York tribune., 1907-07-18
HEAT IN PITTSBURG WORSE.
Eleven Deaths Yesterday-Great Suffering
in Tenements and Mills.
LRy - . 90 rrlbune. ]

Pittsburg, July l7--Eleven deaths score
prostrations and general distress throughout the
city were caused by the third and most severe day
of the hot wave In P.ttsburg. The thermometer
reached its highest point FOR the month. register
Ing 81. Among the prostrations IS that OF Judge
Samuel Cook. OF Huntington. Ind. who was over
IN the street.
Those dead from heat to-day are Mrs Sarah
Tain. Harry Fugars. Paul Shillo. Matthew Zemba.
Daniel parragh Isaac McCutcheon Annie NJ. Metz
Anna Ceve, Maria Bohar. Sarah Herbert and
Charles q. Bryce
The mills unable 10 produce within 30 per
Of capacity to-day. The suffering in the mills
and manufacturing districts is than has
been experienced for years. Last night and early
to-day people could not sleep and thronged the
streets and parks for breath OF air.
Showers again predicted for tonight and
some relief IS expected
New-York tribune., 1907-07-18
TO AVOID FATE OF BABYLON.
IBy Telegraph 70 The Tribune

Richmond Ind. July 17.-Dr. S. Parkes Cad
man, pastor of the Central Congregational
Church, Brooklyn y. Y, in an address at
Winona Lake The Modern Babylon to-day,
pointed out what the cities of this country must
do if they would not have the fate Of Babylon
oVertake them
Graft must be eliminated" DR.. Cadman said
''saioonism, greed and trust must go. The storm
centres Of America are In the low. uneducated
wards Of her great cities. The reign OF the boss
Is Of the great evils Of these centres. This
pne thing l know, the life Of meditation and
Eepth is the crying need OF the American peo-
pie"
New-York tribune., 1907-07-18
FRANK JOYCE REMOYED.
Park Commissioner Drops Superin-
tendent for Good of Service"

Moses Herman Park Commissioner, said yes-
rerdav that he had removed Frank Joyce. Supe-in-
tendent Of Parks IN Manhattan He dt: not say
who would succeed Joyce. but ordered Foreman
William Lawrence from the City Han 70 taxa
charge OF Central Park. II is said that Foreman
Grady Of the Park Department may De appointed
superintendent
The care OF the parks has been much CRITICISED
since the incumbenCy Of Commissioner Herman
Jovce was appointed az the behest OF The Nc
Mauus II Is understood that M Herman said
his hands were tied by political obligations. He
would make no statement about JOyce's removal
other than 10 say that 1t for the good OF tha
service" Joyce would not talk The salary OF tas
superinteadent is $500 year
New-York tribune., 1907-07-18
NEW YORK JEWElRY HOUSE ESCAPED.
Was About to Ship Goods to Milwaukee
Men Who Swindled Chicago Dealers.
IRv Telegraph TO Tho Tribune. ]

Milwaukee, July 17.-Three men comprising the
r. IL. Mcdonald Company. retail jewellers. are be-
ing sought by Pinkerton detectives and the regular
police n charge OF decampng with jeweIry val
ued at $50. .0OO obtained credit. When the two
Chicago firms from which the jewelry was bought
sent to collect the bills they were held off
while the three men and woman disappeared with
the goods I'm trunks The gang IS believed TO be
headed for Pittsburg
a New York firm was on the point OF shtppins
from $4,000 to $4,000 worth OF tewelry to the
swindlcrs when the men disappeared.
New-York tribune., 1907-07-18
DIED TO SAVE OTHERS.
Continued from First Page

Thomas.
Among the naval officers of the fleet there is
growing inclination to reject the theory that
the powder was set afire by a stray spark from
the fuunels of the ship. II is known that tle
crew of the after superpOsed turret had an IN
tense zeal to become the crack crew OF the heeI'
and it is thought that overzealousness and dls-
regard Of due precaution in such rapid handling
of their guns might have caused the tragedy,
the explosion being due possibly, TO unDurneu
grains of powder from the breech of the gun
ignting the bag of powder.
Late to-day 1t was learned that the dead sea-
man known as George Miller enlisted under an
assumed name. His right name was behJaIlili
Kreiger He left his home in Brooklyn last
February and enlisted in the navy. His mother
is believed to be either in Los Angeles. Cal. or
In some place in Georgia
New-York tribune., 1907-07-18
AUTOMOBILE PATROL WAGONS.
Bingham Will Have Two Soon, One Electric
and One Gasolene

When Commissioner Bingham buys the nevy
automobile patrol wagons Will the police lieuten-
ants follow the examples OF borough presidents
and others. and use them 10 take their families
down 10 Coney Island for days outing? is the
question at headquarters. The commissioner is
10 buy two-one electric and one gasolene
One Will probably be sent 10 the 23d Precinct
most OF the Broadway prisoners at the old
Tenderloin station have prediction for riding
IN electric cabs, and the other may go TO the
West 47th street station, which is getting. 10 be
rather busy these days.
New-York tribune., 1907-07-18
NO BULLET NEAR JUDGE PARKER.
One BY Threw Stone, Another Says
Three Placed on Trial.
IBy Telegraph TO The Tribu, e.

Richmond Va, July 17.-Frederick Lee John
Holly and Oscar Holly. negro youths. We're placed
trial this afternoon charged with hurting mis-
sies at a Southern Railway train on Saturday
in which seated ex-Judge Parker of New
York. and Mrs. Claude A. Swanson wife of the
Governor of Virginia.
The boys deny having shot at the train but one
says that stone thrown by another IL en-
tered the window beside which Mrs Swanson was
sitting, barely missing both her and Judge Parker
New-York tribune., 1907-07-18
JEROME WANTS A HEARING.

District Attorney jerome will go before JUS
tice Mccall in the Supreme Court to-day and
announce that he ready TO be examined upon
all the charges made against him in the pages
OF the Hearst newspapers and Apon which Mr
Jerome bases two suits, each for $250,O00. for
alleged libel.
New-York tribune., 1907-07-18
HUSBAND OF BLACK PATTI" SHOT.
Negro Asked That Collector of Internal
Revenue Here Be Informed Should He Die

Norfolk. Va, July 17.-Richard Jones, negro
who says he Is the husband of Serena Jones, the
negro soprano known BLACK Patti" was prob
ably fatally shot in the suburbs of Portsmouth,
Va to-day by two unknown negro men, who
made their escape and have not been caught
Jones said he went 10 Portsmouth with the two
men from Norfolk. and that when they attacked
him for unknown reasons he and then
shot. He asked that in of his death the Hon
Charles Anderson. collcctCr of internal revenue of
the port of New York be informed and the latter
Jones said. would take charge of his body.
New-York tribune., 1907-07-18
IMMENSE cAVE.IN STOPS RAILROAD.

Victor, Col. July 1.-THE main line Of the Mid
land Terminal Railroad put of commits
sion, The city water main broken and the
Stratton Independence mine was closed to-day by
an immense cave-in on the No. shaft on Battle
Mountain. The road has cayed in for 40 feet and
IN places.
New-York tribune., 1907-07-18
GAS INSPECTOR RsAPPoINTED.

Albany. July 1.-THE Public Service Commission
OF the I'd District to-day appointed Charles II.
Stone chief inspector Of gas and gas meters. Mr..
Stone occupied this position under the former State
Commission of Gas and Electricity.
New-York tribune., 1907-07-18
BRONX PARKWAY BOARD.
GOUern0r Names MeSSrs. Grant,
Cannon and Niles.

Albany. July r7.-Governor Hughes announced
to-day the appointment Of Madison Grant Of
Manhattan; James @. Cannon. Of Westchester. an /
William Niles. of The Bronx, members OF the
Bronx Parkway Commission, provided for under
bill of Senator Agnew. signed by the Governor to-
day. The commission IS authorized to condemn
land both sides of the Bronx River from Bronx
Park 10 Mount Kisco. creating parkway. 20 pre-
vent future pollution Of the Bronx River.
New-York tribune., 1907-07-18
RICH OIL FIELD IN UTAH.

Los Angeles. July 17.-News Of great OIL sus as-n,
I'm the Virgin Valley. Southern Utah. to-h1s
convince Mayor Arthur c. Harper; his secre.aa,s
Herbert D. kennedy; George Montgomery o'"1.rl OIL
of ''Shoshone'' Montgomery. and Samuel ah0
W. schenck that they millionairsa
New-York tribune., 1907-07-18
FELL SEVEN STORIES; HIT A MAN.

Utica. n Y, July ia man fell from the
seventh story OF the Mann Building In Broad
street. about o'clock to-day. and struck another
oan who was passing along the sidewalk The
.ar 1,ho fell was killed. The other man I'M
conscious and was removed to hcSSatal Is Is sx-
n.ctsd that Rs will rStovoss .
New-York tribune., 1907-07-18
YOUNG SLOANE HELD FOR SPEEDING

Malcolm ID. Sloane, who graduated from
Yale last June, of William Douglas Sloane OF
No 2 West SD street. held in 500 bail for
trial by Magistrate Walsh yesterday. charged with
running his automobile In Manhattan avenue at
more than twenty five miles an hour.
Durango semi-weekly herald., 1907-01-24
NOTICE FOR PUBLICATION.
Desert Land. Final Proof.

United States Land Office. Durango
Colorado, January 9th, 1907.
Notice is hereby given that
WILLIAM A. BRINK, of Ignacio. Col
orado. has filed notice of intention to
make final proof on his desert-land
claim No. 1873. for the S. E. Y s. e. Y
Section 20. e. " N. e. u s. w. u
N. e. Y Section 2s Township "a N
r. Z w. N. M. p. NJ. before the Reg.
lister and Receiver at Durango, Col
orado. on Thursday, the 2Sth day of
February, 1907.
He names the following witnesses
to prove the complete irrigation and
reclamation of said land:
Lester H. Palmer of Ignacio, Colo. !;
Levi G, Patrick Of Ignacio. Colo. ;
Bryant Shannon OF Ignacio, Colo:
Mike Shannon of Ignacio. Colo.
F, c. PERKINS, Register.
First publication Jan.17. 1907.
Last publication Feb. 81. 1907.
Durango semi-weekly herald., 1907-01-24
NOTICE FOR PUBLICATION.

Department of the Interior. Land
Office at Durango. Colorado Janu.
ary 9. 1907.
Notice is hereby given that TOBE
V. APPERSON of Durango, Colo, has
filed notice of his intention to make
final proof in support OF his claim.
viz: Homestead Entry No. 24i7, made
February 25, 1902, for the S. E. a
s. w. u Section u, and Il. h N.
w. 4 Section 16 u. Township "a N,
Range w. N. NJ. P. NJ, and that
said proof win be made before the
Register and Receiver at Durango,
Colo, on February 27. 1907.
He names the following witnesses
to prove his continuous residence
upon and cultivation Of the. land,
viz:
Gustave A. Stuckman of Durango.
Colo; John w. Sites of Durango,
Colo; Charles A. Apperson of Duran
go, Colo; Richard E. Gaines of Du-
range, Colo.
F.. C. PERKINS, Register
First publication Jan.17, 1907.
Last publication Feb. 81. 1907.
Durango semi-weekly herald., 1907-01-24
NOTICE FOR PUBLICATION.

Department OF the Interior, Land Of
flee at Durango. Colo. December
19. 1906.
Notice is hereby given that LEE
f. SHELHAMER of Bayfield,. Colo,
has filed notice of his intention to
make final commutation proof in sup
port of his claim. viz; Homestead
entry No. 1852 made July 1st, 1902,
for the 8. E. 4 N. E. "a, N, E. a S.
e. v. Sec. 5, and s. w. u N. Wa,
N. w. " s. w. u. Section 4, Town
ship 35 North. Range 6 West N. NJ. P.
NJ, and that said proof will be made
before the Register and Receiver at
Durango, Colo, on February 6, 1907.
He names the following witnesses
to prove his continuous residence up
on and cultivation of. the land. viz
James, Mari, John JUDY, Charles
Black, Jesse Hammond, all of Bay
field Colo.
F, C, PERKINS. Register.
First publication Dec. 81, 1906
Last publication Jan. 81. 1907.
Durango semi-weekly herald., 1907-01-24
NOTICE FOR PUBLICATION.

Department OF the Interior. Land Of
Ice at Durango. Colo, December
22nd. 1906.
Notice is hereby given that WILL
LIAM F. SLADB of Kline, Colorado,
has filed notice of his intention to
make final hve-year proof In support
of his claim. viz: Homestead Entry
No. 1868 made Sept. 16, 1901, for the
8. w. u Section 26, Township "a
North. Range IL w. N. M. P, M, and
that said proof will be made before
the Register and Receiver at Duran
go, Colo, on February 7th, 1907.
He names the following witnesses
to prove his continuous residence
upon and cultivation of, the land
viz:
Abram B. Slade, Henry l.. Butler
Thomas d. Harris and Harrison j
Slade. all of Kline, Colo.
F. C. PERKINS. Register.
First publication Dec. 27, 1906.
Last publication Jan. 81. 1907.
Durango semi-weekly herald., 1907-01-24
NOTICE FOR PUBLICATION.
Desert Land, Final Proof.

United States Land ONCE. Durango,
Colorado. January IA. 1907.
Notice is hereby given that FRED
DRICK A. TYCKsEN of bayfield,,
Colorado, has fled notice Of inten-
ton to make proof on his desertland
claim No. 1872. for the 8. v Of N. e.
u Section 9, Township "a N. R.
w. N. M. P. M. before the Register
and Receiver at Durango. Colorado.
on Tuesday. the 26th day of Febru-
ary. 1907.
He names the following witnesses
to prove the complete irrigation and
reclamation OF said land:
John ]. Ong Of bayfield,. Colo. (;
George A. Black of Bayfield,. Colo; i;
A. L. Bartholomew OF bayfield,. Colo;
Victor L. Coulson of bayfield,, Colo.
F. c. PERKINS. Register.
First publication Jan. II. 1907.
Last publication Feb. 81. 1907