The evening world. Newspaper, August 20, 1913, Page 5

»TROKS OF TOPS “MAKE LELY LER ON Miss Hazel Austin, Pretty and| .., Graceful, Hailed as Queen | Wi. . of the Voyage, MRS. ROOSEVELT HOME. | Five-Year-Old Daughter ot| ‘Actor Brockbank Makes Ya. Trip All Alone. ‘The tide of returning European travel eet in to-day with the arrival of the White Star Olyinpie, Everybody on the | crowded decks and cabins of the big | liner looked radiant at sight of home | shores, The pler was jammed with relatives and friends to meet the home- comers, and deck and dock were gay with waving hate and flags and hand- afforded much delight to the passengers —more to them, likely, than to the con- testants. The men were trussed about the lege at the knees and had thelr arms tied ‘behind their’ backs. Then Cocchi they got on their knees und butted and Mice Hasel M. Austin, pretty, grace | shouldered the life out of one another. ful, athletic and twenty years old, was | The iast bout wan between EK. C. Page hatied as queen of the Olympics voy- and 8. B. Hockwel—two Americans, age, The weather was delightful on | Waterman was referve and le sald to- the trip, aiid many of the puasengers | @8y that the men butted each other for indulged in games aud contests of skul | "enty-five minutes, nearly ai: the way over. Miss Austin Won four prives. She looked stunning | thie morning in her yellow gown, hat, gloves, stockings and shoes, She was captain of the tug-of-war teain in the mateh of the unmarried wowen against | with a loving cup. Miss Keane has the married o1 nd her teant won, | been automobiling through Hurope and M. T. C. Watérman of the New Yor; returns to go on the road with ‘Ro- Athletic Club was the ringleader of the | mance.” games and a worthy expunent of the| ie. Theodore Roosevelt, her daugh- track and field, The Americans put it |%f Ethel and son-in-law, Dr. Richard ail over the Englisiinen, and at that|@by, were also The feund foemun worthy their prowess. | ¥°4Ne couple ere returning from their ‘Mey had a dottle race. Champagne |horeymoon abroad, When Mra. Rooso- bottles were distributed avout the deck,| Vet Was seen dy the reporters she and the men, blindfolded, had to play |#atd that she hed nothing to eay for polo about thein, driven by women. wernt and never did have any- ing. WING A PRIZE, BUT HANDS IT TO["%OE ass, vtnare ar lot of Waterman wae driven hy Misa Aus. |*@aee I would like to say.” tim, and ov well did the latter guid FIVE-VEAR-OLD GIRL TRAVELS lines that her “horsey won first prize. ALL ALONE. Wat he gallantly handed it over to his| In the second cabin of the Olymple river, saying that it was her skill| wes pretty little five-year-old Rosle that turned the trick. Brockbank, daughter of Harrison 4 cockfight was something new, but Brockbank, who plays the lead in “The CHEAP TAXI FARES IN FORCE: se INUNETIONS ARE ALL VAGATED battle, Minn Dorlg Keane, “Ramance,"" |the conclusion of the games the con- leading lady (Continued from First Page.) the various arguments adduced in support of these claims. He declines | te rule on questions which may later be settled in suits at law, but rules | only on those points covered bj the claim that damage will result to the compantes unless the injunctions are made permanent. H The main questions, as he finds them, are the claims that the Consti-| tution of the United States is being invaded, that the Board of Aldermen, was without power to act, that the law violates the rights of property, owners where public hackstands are established and that it is discrimina-| tory, unjust and unreasonable. As to the constitutionality of the law, the Court holds that the special | privileges under which private hack stands were maintained, permitted property owners and lessees “to sell for their private profit the right to use a part of the public streets. ° ° © It is in evidence before the Court that an investigation made by a Commissioner of Accounts of the City of | New York shows thatfover $300,000 is paid annually to the hotels and other abutting property owners for the sale of these privileges, and the report of a commission appointed by the Mayor to investigate the whole subject of cab service estimated the amount paid annually for such purposes as not leas than $600,000.” The court holds that the granting of permits for special hackstand privileges was, on the other hand, discriminatory against public hackmen, and cites scores of precedents to bear out his contention, 4 PROPERTY RIGHTS IN CITY STREETS. Such privileges for private hack stands were revocable at the will of the Mayor, and Mayor Gaynor’s action in revoking the hack stand permits ia upheld by Justice Seabury, who adds, “The arguments of the plaintiffa that the ordinance violates its property rights contrary to the constitu- tional privisions referred to, 1s based entirely upon a fallacy.” The plain- tiffs, he holds, have no property rights upon the city’s streets, and no prop- erty, therefore, to be confiacated by the establishment of public hack stands, “This contention is without merit,” the Court rules on the plea of! the corporations that the Board of Aldermen was without power to enact 2 public hack ordinance, adding: “The right of a municipality to establish public Mack stands has been recognized and acted upon by the City of New York from early times.” Justice Seabury rules that the plea of the companies that they should | be under the ‘Jurisdiction of the Public Service Commission and not of! the city oMcials is without merit, the Charter providing expressly that| the city shall bave contro! over vehicles which use the public streets for) ire, | , On the subject of fixing rates Justice Seabury points out that the Char- ter expressly gives the city the right to fix rates of fares to be charged. The claim of the hotels that the establishment of public hack stands before their doors is a nuisance per 6e, ia frowned upon by the Court, which declares that public hack stands do not interfere with the streat for street purposes, but, on the contrary, facilitate the use of the streets for such purposes. The right to establish such public hack stands, Jus- tice Seabury rules, is established under the charter and confirmed by subsequent legislation. The court then takes up the claim that the ordinance is discriminatory, | im that {t fixes fares for public hackmen and not for persons engaged in! sending out cars from garages; that {t requires taximeters on motor- id Both were pretty | ‘well marked up, but Page won the! | tn awarded the prises. At |tostants presented the pretty soctress oe Queen of the Liner Olympic on Voyage Here; Two Actresses Who Returned Home To-Day MSs HAGET MAUS TING. Purple Road.” Miss Rosle made the voyage across the Atlantic all alone, but she was safeguarded by Purser A. L. Bradock, into whose hands she had been placed at Southampton. Mra. Brockbank was not well enough to make the trip, and as the father was longing for eight of the little one, she sent her along. Rosle was one of the Most popular passengers on the ship. She was welcomed at the pler by papa. Miss Willette Kershaw, whose clever Playlets delighted at the Little Princess Scotland, when WIKLETTE-KER SHA) aking her to of her work. ant Secretary of State, was another make the ship. Asked what she had/ passenger. He declined to express’ him- ehot in Scotland, said two game] self on the Mexican situation or on Mr. waréens and a duk She hadn't the heart to shoot little rabbits, Huntington Wilson, formerly Assist- Bryan, Health Officer Dr. Herman M. Biggs of New York also returned on the Olympic. —— ny ordinance, he rules, is not “unreasonably discriminatory.” In conclusion, the Court takes up the seven claims of the corporations that the law ts unjust; that expensive meters are required, that unreason- able penalties are fixed for incorrect meters, that drivers are subjected to unreasonable requirements, that the provisions for revoking licenses are unreasonable, that it {s unreasonable to refuse to permit drivers to solicit fares unless they are seated in their taxicabs at the time, that it is unreason- @bdle to refuse to permit any one to sit with the driver, and that the rates are eo low as to make it impossible to operate taxicabs at a proiit. The Court holds that taximeters are necessary to prevent grosa frauds upon the riding public. This being true, rigid penalties must be imposed, Justice Seabury holds, for false or faulty meters. The Board of Aldermen, the decision declares, was justified in making drivers furnish excellent proofs as to their character and ability, in defense of the public, who must risk life and limb in the taxicabs these men drive. The right to revoke 8 driver's license, he rules, is necessary to secure continued control over drivers, and is essential to the protection of those using such vehicles, RATES AND REGULATIONS REASONABLE. The rule that drivers must remain in their seats when soliciting fares, the Court holds, is to prevent the annoyance of pedestrians and: would-be passengers, and {s Icgal. The prohibition against allowing any one on the driver's box except chauffeur, the Court holds, is a necessary police regulation, many crimes and robberies having been committed by men who were in league with the drivers and who rode on the driver's seat, On the question of fares, the decision reade: “The affidavits submitted upon these motions fall far short of satisfy- ing the Court that the rates of fare prescribed are unjust and unreason- able. On behalf of the defendants, evidence is adduced to show that such motor driven vebicles can be operated at a profit upon the (new) rates Gets Busy Wallace With Free Stand Signs Comm| vs of the Bureau , missioner Wallace. Py pyeocicaipinid vabe of Justice Sea-| “You'll have to get It trom the clerk," bury’a deciston by an Evening Word} reporter, Great Scott!" he exclaimed. fine.” Jumping to the telephone the Com- missioner got his deputy, John Drennen, on the wire at the Corporation Counsel's office. "Get the eutomobdile truck have those public hack #tai out of the cellar,” he sald. “The injuno- tlons have been dissolved and we are go- ing to put those aigns out this after. noon.” ‘The Commissioner hustled over to the court clerk's office where he found @ Gisgruntied group of taxicab company attorneys poring over the only copy of the long decision to be had. The beaten attorneys were in a disagreeable mood ae they greeted the Commissioner with surly nod “When you eision I'd it “That's out and algns dug t through with that de- to read it," said A Beautiful Face with clear eyes—unwrinkled ok jvacious manner comes to the vi i whe is freed from the nervous oie headaches, backaches THE EVENING WORLD, WEDNESDAY, AUGUST 20, 1928. Justice Who Upholds Taxi Law — and Extract From His Ruling 'The ordinance must be pronounced a serious and well - considered attempt to remedy the (Taxicab) abuses.’’ — Judge Sea- | bury in decision handed | dows this afternoon. pped one of the attorneys. can't turn it over to you.’? i Commissioner Wallace laughed and sald: “Feeling pretty sore, 1 guess." “DECISION AS BAD AS ORDI. NANCE,” SAY COMP, When the taxicab attorneys shed reading tho decision the; asked by The Evening World what action they expected to ta’ prevent Commissioner Walla from putting the public haek stand algne in front of the big hotels so long pro- tected by the late injunctions. “We have nothing Claimed their spokesman as they trooped out of the room. ‘Tho de- cleton ts as bad as the ordinance.” Commissioner Wallace read the do- cision with care and then rushed to hie office, Deputy Drennen met him there and the work of loading the automobile truck with the hack stand signs was begun at once. “We shall start immedintely to put the signs up,” safd the Commieatoner, “It will take all afternoon and most of the evening to get them placed.” Asked what action he expected the enjoining companies to take now, the Commiasioner said: “Very likely they will frat withdraw all their machines and .put them in waragen on call. By no dotng they are no longer public conveyances and don't need to be licensed under the new ordinance. “The hotel agents will be expected to call machines from the gurages an peo- ple want them, but how this will work to aay," ex- ———— out to the advantage of the companies I can't see. PUBLIC NOT LIKELY TO BE FOOLED BY A TRICK. “With our hack stand signs in front of the hotels any of the public hack! drivers who have been licensed by us| during the past two weeks or so may bring their cars to stand in front of| thene hotels, It doesn't stund to reason that the hotel patron will prefer to wait for a car to be called from @ garage! and to pay twice er three times as much when spick and span licensed care are standing near the door ready for hi to enter them and ride under| the new rate. “But they will have to put thelr care in garages until they can get them licensed, as we will not permit un- licensed machines to do business as public hacks from this time on. The companies will probably license a few of their machines at firat to test the new rate, They claim it t= confisca- tory. The only way they can prove it ie by running care for w while under the new rate. “The independent public hackmen wi have licensed since the firat of th month are all well satlafied with the new rate, Many of them are running their carw under the single fare rate without trying the dou! ing, In other words, even leas than the law allows, and they are doing a big business in consequence. They have complied with our demands to refurbish the machines, and those you will find now operating under the new license are as clean i comfortable aa any eraon could desire to ride in.” As Soon as Order Is Entered): Law Becomes Effective ‘The order nukes t! effective Immediate! i axicah ordinance according to Act Corporation Council Louln H. Hahlo, “The story that the Injunction asked ‘by the American Taximeter Co., which will be urgued on Friday, i @ blanket injunction restraining the enforcement of the law, ts pure buncomb,” he sald this afternoon. ‘That injunction merely affects the American Taximeter Co, and, #0 far as we can see, that com- pany haen't @ leg to stand on. “The law provides that the cabs shall use a double taximeter, mut does not say what meter te to be used. ‘The American Taximeter Co., in its sult for Injunction, claims {t ts the only com- Pany that can mak “NEW TEST OF “MAD” Treatment De. boas. Dr. James Mulvaney of Jersey City haa adopted a method of dealing with supposed rabid dogs that he believes will save many @ canine from being killed. The dog that bit Frank Moniska, eleven years old, at his home, No. 175 Crosa street, was captured to-day, The dog will be kept in solitary confinement for three days and allowed nothing to eat or drink except water, Dr. Mulvaney said to-day many dogs had been killed within the last month that did not have rabies, and the new treatment was Cesigned Prevent the useless elaughter of canines. Director of Public Safety Frank Hague tasued an order to-day directing that all sup- j posed mad dogs be captured alive if | possible. ' andy Hoon .. Governor's Hell Gate .... WAS STOOD FOR SUPERIOR EXCELLENCE BINGE 1860 : Dutty’s Pure Malt Whiskey that t can make only seven a day. The|% law doen not specify that metera of this company have to be used—any proper registering meter can be used. “That company does not run caba, and we can't see where it comes in to ask an Injunction. Immediately Justice Seabury's order ts officially entered, Chief Wallace can go ahead enforcing the new law.” $2 Originally $3.75 to $6.75 In the aa contre sca s, ginghams an vol Kithe how easily they m Selling tens we : to the autumn things economies represented. ‘everything is sold; at the n the $2 lot are all than the former prices quoted below. 312 Suits that were $1.25 | | WALL STREET | { Market closing—Prices yielded to ott. | Ing Preenure in the early part of the| last hour and sagged off to the opens | tng level for some issues, while a few | sold lower, The trading was dull andi Hatleas around the lower level and was Wholly professions! Corn Protucts wan (air!) Vancing to 1% from 10%, few minutes a number of stor Partial recovery, resulting in a mixed Snelters ct of 1%, Re + showed an advance of % at G%, and Inter.-Met., pf. M%. Southern Pacific closed down, an@ the new certifica ehowel a lose of % from yesterday's fina! prices, Total sales, 197,300 shares. Pronounced tmprovement was ahown fn the stock market In the early trading with nearly all the important ieaues making gains ranging around one point. ‘Tho dinavowal of yesterday's dispatch: (* from Mexico, by the Mexican of: olain, wan regarded as making American Property holdings, on the other side of the Mexican border, more secure, and thia delle? was reflected with an ad- Vanco of one point tn Smaits, which sold at 6%, Geel also made a gain of 1 point, and &t the end of 15 minutes the tone con- tinued atrong. California Petroleum was active, and after open Mh advanced to 2. Before the first hour had passed a fractional reaction set in and prices yielded % a point of the early advi Trading wae guiet and confined to tional limits for the balance of the morning rest ion, @nd on Sriak buying the preferred, Which had apened up %, at O%, ad- vanced to 62 and the cotamon stovi to 16%, The other traction stocka were strong, but not wery active. Third Avenue ad- vanced one point, to 6%, while B. R. T. was steady at 99. The Closing Quotations. The following were the highest, lowest amt ing prices of mocks fur today and the net change 0 compared with yeaterday’s closing prices: a we + wh — “ + | oe + | am. « eo ‘Anacunite 38% Atoh,, T. ve Halt, bs rs ate jCaltt. a + Com. i Yat S 1004 ty wR ty + a at: He Hh, + ar 18 "4 138 ima sont ae my aN. es ws — ert ue ins not ‘car 1S ini + ry HR OR Ethan “i” = RY iY ~ 1 mS see t rip Fe is sh Be ee oo i + Too Many Summer Dresses for Women —And Sizes Are Broken— So We Offer Them at Less Than Cost $3.75 Originally $7.50 to $10.75 Sale begins tomorrow in the Subway Store—continues until prices every dress ought to sell in one day. $5 $9.75 to $14. sizes, 75, $5 and $7.50 lots are sizes 84 and 36 and a few 82, a thousand dresses in all—lawns, linens, batistes, novelty fabrics. ough the dresses came in late in the summer, some of them are mussed and ranged sit a woman knows without being told a freshened. thousands of dresses in a season, it is hard to keep stocks full to the last minute and come out even. This summer we over-guessed just about a thousand dresses— but if you will take them at these very low prices—much less than id for them—we will look happy and turn our entire attention now coming in so fast. All Boys’ Wash Suits At Final Clearin Every summer suit for boys in A Sl. stock of washable fabrics is included in this final clearaway—the majority of the suits have borne higher price tags earlier in the season So mothers will easily Now Originally ! TO ‘HARMONIZE’ T0-MONT All the Fighting Factions Expected to Consent to a New Deal, ° If It Is Offered. In the hope of bringing harmeny out uf Fuston political chaos tn the Bi Di nd Prospect avenues, Everybody veing dissatisfied ‘ket made by the Committee hope of consent too all around. Then, if there te agreement the Fuston committes' will be seked to accept the new elate. Woman Falte Twe ttevles. Rose Dietch, nineteen years a ese Bf are Saf General Health. - Th habit is « healthy microbes detightlally rofrecMing NEAR wy 26741255 Broadway, Fourth Ave, Eighth to Tenth St. $7.50 Originall 75 $15 and $16.50 Subway floor, Old Building, Prices realize the unusual 85c driven vebicles that carry not more than. four passengers; that it fixes Sie eae icrtr ia? er strength @& is a predigested liquid food in the form of a medicinal whiskey and | 203 Suits that were $2 j lower rates for motor<iriven vehicles than for horse-drawn vebicles, and, before her time, Bhe ean be res its palatability and freedom from injurious substances render it so 45 Suits that were $2. 25 a that {t discriminates in the charge for licenses. Paha] such slavery by taking that it can be retained by the most sensitive stomach, It is invalus . Now $ i 3 5 COURT DECISIONS UPHOLD THE ORDINANCE. De Pi 5 jable for the prevention and alleviation of distressing summer come 284 Suits that were $3 To each of these objections the Court points out numerous court de . ha 5 als a Geek oF Oe ite sah roe Oe ee you et Every washable fabric—including rep, galatea, percale, shonbeey, Finsam, cisions which back up the Board of Aldermen in the ordinance. He re-/Favorite Prescription raent ‘cmorrow. Sold by most druggists, grocers and dealers, 41.00 a|[f capbric and seersucker. And the styles that aro well known to all mothers— fuses tg hold that any of the contentions of the taxi people is tenable in| bas been sold by droggiste for ocr! \icdica 8 idle mi Tbeokiet and doctor's advice free on request. i r) The Duffy Malt Whiskey Co., Rochester, N. Y, itary and Russian, Dombey and Buster Brown, All sizes, Sy to 10 years. over fours years and elwaye gives Subway floor, Building. law, déelaring the ordinance gives equal protection to all persons. The /