The evening world. Newspaper, November 14, 1913, Page 1

WEATHER—Rain “ Circulation Books Open to All.” _ Court Says Board Cannot Ous rer ae Le [ Circulation Books Open to All.”’ | PRICE ONE CENT. Copyright, 101 Co. (The New ‘The Press Publishing York World). NEW YORK, FRI BE FAPELED - CHILDREN dustice Seabury Directs Board of Education to Reinstate Mrs. Peixotto. ‘ s\n OFFENSE PROVEN. Legislature Alone Could En- éct Such Punishment Upon . Teacher for Maternity. Motherhood among school teachers wat (@rdiay given the sanction of the Supreme Court when Justice Seabury decided that the Board of Education had no right to @temies Mrs, Bridget C. Peixotto from Public School No. 14 in the Bronx when he became a mother on April 1, 1913, Declaring the contention of the Board @f Education that Mra, Peixotto was Pegtecttul in her duty when she left her @mployment to give birth to her child, Was inconsistent, and could not be up- Rela in a court of law, or by any Board @ Education, the Justice insued a per- erapigty writ of mandamus compelling the board to reinstate Mrs. Pelxotto. Justice Seabury in his decision went fully into the question of maternity as # affects school teachers, “Serious personal iliness,"" he say! *tnetudes illness caused by mategnity, @nd the absence of Mrs. Peixotto therefore excusable, The poli law favors marriage and the birth of @hildren, and I know of no provision @¢ our statute law, or any principle of fe commOn law, which justifies the! fmference that Public policy which | @oncededly sanctions the employment of | married women as teachers treats a9 @rounds of expulsion the act of a mar-| fied woman in giving birth to a child REPUGNANT TO LAW AND GOOD MORALS, HE SAYS. “Married women being lawfully em- ployed as teachers and excusable for @beence caused by personal iline the fea that because the illness resulting fm absence is caused by maternity it @erefore becomes neglect of duty Is re- to law and good morals, Until Legistature ahall exclude married Ft | ag teachers, or shall provide | @hat absence of the teacher on account ef maternity shall constitute neglect of @aty, I know of no authority resident je Board of Education or the courts @2 to hold. ‘It ts clear that absence caused by nal illness of the teacher, not the Wesult of maternity or of wrongdoing on the part of the fm not neglect of duty within the stat Lutes and by law. Can it be correctly } paid that if auch illness is the result of 1) maternity the absence resulting is neg- Yect of duty? If so, then it is not the absence of the teacher per se which con- t of duty, or the fact that fe caused by ilincss pre- @icted solely upon the fact that the qause of the iliness is maternity. “To ao hold is to construe the statute ana by law to mean that absence re-| gulting from personal illness from any eause other than maternity or the fault @r wrongdoing of the teacher is ex- qusable, but tiat absence resulting ‘from illness caused by maternity 1s in- ‘excusable and therefure neglect - of ta@uty. Such a construction of the! wtatute and by law Is unreanonaule, It cord with reason to fs much more in Bold that the abrence of a teacuer re sulting from pers ines, includ tag illness cuused aternity, is ex empable and ti ny fore not to be con- ered neglect of duty. @UCH ABSENCE CANNOT BE HELD NEGLECT OF DUTY. + la pure wopbisiry io arguc, as does the, learnt counsel tor the ry in his brief, that imaternity i# a Ateation of heaith and therefor cannot be euid to cause seriois personal liiness, ‘aa maternity cannot be attributed to » | (Continued on Second Pay — n’s O’coats & Suits, $5.95 = Broadway, cor. will ell * WARRED TEACHERS CANT GOURT DECIDE FOR BEARING GE BURNS DS UNDER“ CARINBROOLYN Train Kills Noted Rider as He Is Returning to Family Early in Morming. HAD PACED PLATFORM. But His Prostrated Wife Is Sure That He Didn’t Commit Suicide. Tommy Burns, one of the most famous jockeys in the world and lately @ win- ning rider on German and other Contin- ental tracks, was ground to death be- neath the wheels of a Brighton Beach rated train as it drew into the eta- tion at Elm place, Brooklyn, about 5 o'clock this morning. No one witnessed the tragedy and the police have not de- termined whether Burns‘s death was ac- | cklental or whether he deliberately Placed himself in the path of the train. Mrs. Rosaile Burns, his widow, ls con- vinced that Burns did not seek death. She i# prostrated at the home of Jo- teph Dyer, No, 2888 East Nineteenth street, Sheepshead Bay, where she and her husband, with their children— Clarita, twelve years old, and Tommy Jr, seven—had gone on their arrival here from Europe last Wednesday. JOCKEY HAD TELEPHONED HE WAS COMING HOME. Mrs, Dyer, speaking for her friend, sald that Burns had gone to Manhat- tan yesterday to make eome arrange- ments about a contract for the com- Ing season, and at 1 o'clock in the got his wife on the tele- ne and sald: verything’a fine, I've fixed up the contract and I'm on my way home now. Don't go to bed, Walt up for me and I'l tell you all about it.” Mrs, Dycr said that all of them ex- cept the children remained up, expect- ng Burns, in about an hour, They were alarmed when he did not come, and grief-stricken when @ policeman finally Rotifled them of his death, They are Satisfied that he must have fallen from the platform, He had made a good deal of money, had prospects of making more this season, and was as devoted to his wife as when he married her. Miss Adeline Schwarts, ticket seller at the Elm place station, was the last to! sce Burns alive. Lees than five min- utes before the train rolled in Burns mounted the station, carrying his over- coat over hig arm, Miss Schwarta noticed that he began to pace tg plat- form, HAD CONTRACT TO RIDE IN| GERMANY NEXT SEASON. Ae the train approachod the Bim place | station Motorman Greenberg saw the! overcoat and hat on bench ana! signalled Motorman William Riley to| stop. There was no passenger In wight, however, and Gree ticket window, Miss Sc! of the dapper littl and Riley got down on the tracks and peered under the train, Wedged under the front wheels of the first car was body, had been Killed instantly, His} body was taken to the Adams street station, where Dyer later identified it, The contents of Burns's pockets, ho} established sufficient identific He hd a pass book on ¢ howing a credit of 6,000 marks and a letter of credit from the same bank on the Co- lumbia-Knickerbocker Trust Company | here for $500, In a wallet were 10,600 marks In German money and $184 in United States bills. ever, a No Extra Charge for It, SHINDLERS NAME POLICE GRAFTERS Say They Paid $2,500 a Month and Share of Loot for Protection. WERE DOUBLE-CROSSED. Tell of Secret Meeting Between Whitman and Waldo at Union League Club. Distrist-Attorney Whitman announced to-day that George H. McRae, a member of the Gondort gang of wiretappers, has made a statement, corroborated oy “Curtey" Carter and Frank Tarbeaux, also members of the gang, in which he accuse’ two police officials at Head- quarters and two members of the unl- formed force of grafting. ‘The statement wan made by McRae on the night of Oct. 12 at Mr. Whitman's home in the pres- ence of Assistant District-Attorney Frederick J. Groch! and Detectives Leigh and Thomas, McRae charges that one of the Head- quarters officials got $2,500 a month from the gang and 6 per cent. of all the money taken from “suckers,” as the victims are called. The other police ofctal, member of the uniformed force, who le Ro longer attached to Headquarters, got 10 per cent, of the money taken in, ae- cording to McRae, McRae, according to the District-At- torney, sald that a detective attached to a Headquarters squad, who was afterward promoted, collected the $2,500 a month for his superior offic Another detective, named by MoRae, ts accused of being the man who collected the “rake off," DETECTIVE TOLD WHEN “COME ON” REACHED CITY. This latter detective, Mefae told the District-Attorney, spent most of his time In company with members of his gang and was always told when a “come-on" was due in town to be “uimmed." The detective would wait Across the street from the house in which the victim would be swindled by the old “wire tapping” game, and as oon as the plucked “sucker” had de- parted, steered by member of the gang, this detective would enter the house and opllect 15 per cent, of the loot—10 per cent. for one official, 5 per gent. for the other. ‘Mx. Whitman says that McRae gave the ames of ® great many victims who were cwindled out of from $20,000 to $50,000 apiece and never reported their losses to the police, These menu were all church members from towns and cities outside New York and wi afraid of the scandal that would result from publicity. According to McRae the regular pay- ments of $2500 a month and the per- centage payments w made for at leawt five months preceding the murder of Herman Rosenthal, on July 16, 1912, When Rosenthal was killed, McRae told the District-Attorney the wiretappers got frightened and prepared to leave the city. WIRETAPPERS WERE TOLD WHITMAN WAS “FIXED.” They were reassured, McRai & message from Headquarters | Stated that District-Attorney Whitima: had been Influenced by the “system’ and would not prosecute tn the Ri thal case, As proof that such was th message stated that the Dis | torney and Commissioner Waldo | were to take luncheon ty certain day at the Union L MeRae sald that as the representa tive of the “wiretappers’ he went t the Union League Club on the day tlloned and saw the District-Attor and the Police Commissioner arrly tatistied himself that they were lunch- ing togetler. He told Mir, Whit what time € reached the club and also what t und how Commis: | sloner Waldo arrived and how and when both departed. Mr, Whitman says he was amazed at this feature of McRao's statement. It was not known except to a very few that he had junched with Commissioner Waldo after Rosenthal was killed and he could not conceive how the knowledge could have leaked in advance to the wiretan) Rac wos arrestes om” Angeles, | Cal, eariy im October by Detective Edward Leigh, who is attached to the en AT HEADQUARTERS | Hotel Vand | most Interested, $0000000 SOOO 9OEEDODOOOO WL NOT AGREPT FRENCH EMBASSY Confirmed “Bachelor” Brings Back His Bride, the Former Miss Dorothy Williams, William F, McCombs, bridegroom, and Chairman of the Democratic National Committee, returned from Europe to-day on the Mauretania with the wife he took In Lon She was Miss Dorothy Williams, a daughter of Col, John R, Williams of Washington. Mr. McCombs went abroad last spring and spent most of the thine in Paris. He was run down physically and in need of a long rest. To-day he looks to be in perfect health and says he will be ready to take up hard work again as on as he has completed @ dridal tour | of the United States, whitch will be be- | gun after 4 t th a of a few * vit und @ visit to Wash | ington e report that Mr. McCombs has agreed to be Ambassador to France Was vigorously dented by the gentieman | Me said he has not] changed his position in that respect | ice he Weut away “L don't care tor public office,” sald Mr. MeCombs, "You can say with ait| the emphasis possible that 1 am nos| going to be Amouasador to Prance, and jhuve not considered the proposition at 1 thought that was generally under itt NTHUSIASTIC OVER THE WIL. SON ADMINISTRATION, Mr. MeCombs had heard by wireless of the appointment of Dudley Field Mas jone to the office of Collector of the Port, He was iinmensely gratified. Mr. | Malone and Mr, MeCunpe werg closely | asauclated In the Wilson campa: Naturally Mr, McCombs is enthustastle over the Administration of President (Continued on Becond Page) Wilson. If was he who started the Wi DAY, Democratic Leader and Bride, Who Returned on Mauretani NCOMES RETURNS “NOVEMBER 14, FINA] NIGHT 19138. 28 P AGES ‘PRICE ONE OENT. oe DLE DEDHGEOOOTOIOFTOO POOL HL GOEG4-9-4-56 49000000000 son boom and did much of the work that resulted in Woodrow Wilson's nomination, “I have been interested, ag you may imagine, in what Europe thinks of President Wilson," eald Mr, MoCombe. “It te a pleasure to be able to say that Europe unanimously approves of Presi- dent Wilson's Mexican policy. This is expecially true of England, I caanot understand how the impression get abroad that England would do anything to hamper President Wilson tn big @e- sire to onsist our sister republic io placing her Government on @ atadle pase. President Wilson is Bighly re- garded by Engiand, France, Germany, Italy and ali the other European coun- ries." Mr, McCombs hagarted the opinion that the militant suffrage movement in England is dying away, the leaders having realized that destructive tactics are harmtul rather than geiptul “Ip your wifo a suffragist?’ Mr, Mo- Combs was asked. “L have never thought to inquire,’ he repiled, “But J’ find out right now. ‘Are you ® suffragist, Dorothy?” he asked, turning to his bride “{ am not,” she replied, promptly, “At least 1 ain not @ militant aut- fraylat.” Ya | ; When Dreams Come True! "Tis when they are converted Into terms of doilars by judicious enter prise. Many roads to prosperit: may be found in The World's ad, ¢¢ umns, Others succeed; why not your Fj Just Look! 1,333,705 WORLD ADS, PRINTED DURING THE FIRST TEN MONTHS OF THIS YEAR, Think of It! 675,489 More Than The Herald (the Nearest Competitor of The World.) Get Your Sunday World Ads. Ready To-Day. [HUERTA VIELOING, LIND GIVES HINT OF ARMING REBELS American Charge d’Affaires to Have Further Conference With Senor Aldape. WILSON VERY HOPEFUL. Great Britain Again Gives Assurance of Policy of Non-Intervention. MEXICO CITY, Nov. 14—Confidence im the early accomplishment of the aims of the United States toward Mexico was expressed to-day by Nelson O'Shaugh- nesay, American Charge d'Afftaires. The overtures made by the Mexican Min- fater of the Tnterior Manuel Garza AlMape yesterday were taken aa evidence that Gen. Huerta was ready to recede from the stand he had previously. talen et yielfing nething. Although Mr. O'Shaughnessy refused fafermation'}ae to any phase of the atest develgpment, it is he expects to have o further ice with Benor Aldape. It is expected that ‘the ideas of Washington os te the wie Gem ef John Lind, J the fi from Vere Crus to the: Pederal say or receiving = committee representing Provisional President Huerta wil 9 Mate Known to the representative of the Provisional President. Despatches from Washington pub- Nahed here to-day indicating the prob- ability of @ settlement of ‘the Mexican question without resort to arms, which during the past week appeared hera to be a forlorn h created an atmoe- phere of optimiem and greatly relieved the tension. To most of the foreigners in Mexico City It appeared that the storm cloud had passed for the timeypaing. ENVOY LIND GIVES HINT OF ARMS FOR THE MEXICAN REBELS. VERA CRUZ, Nov. 14.—John Lind, representing President Wilson in Mex- foo, while refusing to make positive statements, hinted to-day that further delay on the part of Geo. Huerts in heeding the demands of Washington may cause President to recognise the’ rebels as belliserente. Lind and the Mexico City embassy officials who accompanied him to Vera Crus apent the night at the consulate and remained there to-day. NOGALBS, Sonora, Mexico, Nov. 14— Word from Washington is eagerly awaited by Carransa's adherents, who believe the plans of the American Ad- ministration, when fully revealed, will not fail to be of advantage to the Con- atitutionalist cause. Tt was deemed virtually certain that the embargo against the shipment of arma and ammunition across the border would be lifted soon by the United States, and Carransa's oMfcers were jubilant at the prospect of « vigorous campaign against the Federals, Cullacan, capital of Sinalos, was cap- tured by Conatituttonalists late yester- day. This was announced to-day at mill- tary headquarters hore in a telegram from Gen, Alvaro Obregon, who was com jer of the insurgent forces. Details of the fighting were lacking, ———- BRITAIN RENEWS HER ASSURANCES OF NON-INTERVENTION. LONDON, Nov. 14—In reply to Presi- | dent Wilson's communication announ- cing his determination to eliminate Gen. | Huerta and his adherenta from power |tn Mexico, Great Britain to-day | @wered formally through Amba Walter H. Pi that her polley mrictly one of non-interference. | It te understood that the other Eure- pean powers have sent slmilar repli to that of Great Britain after exchang- ing views, which it was understood Washington desired they should do. | President Wilson's note to the Powe while it atated very clearly hia obje \to gist rid of Gen, Huerta and h | reasons for doing so, did not, tt is understood, include even an outline of —_——. (Mentkwed op Geoond Page) ador was ‘MURPHY'S BAGMAN? ACCUSED BY HENNESSY INDICTED FOR GRAFT 6 Everett Fowler of Kingston Is Ac- cused by S. P. Hull of Cortland, a Highway Contractor, of Extorting Money From Him by Threats. FORCED TO CONTRIBUTE $250 TO CAMPAIGN FUND, HE SAYS. Told There Would Be Trouble From: State Inspectors If He Refused— Contribution Not Acknowledged. _, The. first concrete development of the charges made by John AL Hferintesy ini the campaign that the Democratic State Committee sand- tagged up-State contractors for contributions ‘came to-day when the Grand Jury filed an indictrnent charging Everett Fowler of Kingston, ac- cused by Hennessy of being one of Charles F. Murphy's “bagmen,” extortion. The indictment ts based on evidence furnished y by SP, Hull, a contractor of Cortland, N. Y., who testified that Fowler, by threats that his work on the State highways would be interfered with, forced him to put up a contribution of $250 to’the Democratic State Committee in October, 1911. WOMAN BOT ATENPTS 0 FRE THREE PRSINERS With Two Men Companions Is Caught Rowing for Shore and Arrested. An escape without thrills, but with a good deal of plain, unadulterated nerve, qras attempted this morning from Hart's Toland. Three prisoners were taken of the east end of the island, which does not belong to the city, by two men and a woman tn a boat. The prisoners were followed by Warden John Murtha, and were back in their je within a few hours. The would-be rescuers were taken to the City Ivland poll tation in charge of Police Captain Barnett. The attempted escape was discovered by Warden Murtha at 9.46 o'clock, as the island steamer, Kiker Island, was pulling into the wharf, The Warden and a couple of guards boarded the mtewner, and started toward the Long Iniand nearing whch wae the boat with th ‘aped prisoners, The small boat got inte sh water, and one of the escaping an Louis Miller, jumped out and ashore, The steamers yaw! was low. ered and the Warden gave chase, leav- Ing the two guards In charge of Mor shore, low n waded oard # train for the city at mtat Suriname, Belize .. Mohawk, Jacksonville ... Vigilance, Nassau SUNDAY WORLD WANTS | he should go to Syract | Kelly and Mr y Jershon and Moria Millers antoom, and their would-be rea- | The Warden secured an automobile and caught up with Miller aus he was Unless Fowler gives himecif eae bench warrant wil be ssued for he are Test. While the money wee passed in Onondaga County, the check was cashed in thie city, and the receipt of It was acknowledged by Arthur McLean, Dem ccratic State Treasurer, at the State headquarters, Fifth avenue and Thirty- fourth atreet. Under the lew, as part of the offense was committed in New Mote County, the indictment te valid ere, ‘The penalty for extortion te up te Sf ' teen years in cases, 8 ts eaid, are in SUMMONED TO SYRACUSE BY STATE COMMITTEEMAN, Tn 1911 Hull, who is an enrolled Re ¢ joublican, was engaged in building a ren® between Truxton De Peyster, Cert land County, as part of the State Mam are eratom. ‘His bid for the rosé was Hennessy in als campaign opesshes charged that William H. Kelly of Oyre- cuse, Democratic State Committesman from Onondaga County, wae the agent of Charles F. Murphy in contractors in his section to “eames acroas.”” Hgjl exhibited to the Grand Jury to-day the following letter whieh, he sald, ecelved on Oct. 9, 1tt: Democratic General Committes, Onondaga County, Permanent Headquarters, Room 217, Kirk Building. Syracuse, Oot. 37, 191% 8. P. Hull, Esq. Cortland, N. Y, Dear Sir—Matters of importance come up at this time and I that you would meet with Everets Fowler of Albany and myself af nck Sunday morning, Oct. 39, , Kirk Bullding, Kinde to attend the meeting Very respectfully yours, W. H. KELLY, State Committeeman, Hull did not attend the meeting, He told the Grand Jury he didn't eee way ° and meet Mr, wier, But on Oet, 3 er letter, written on letter elved ano’ Dear Fowler of Albany Was here to-day expecting to meet su as per our letter sent owt from He was very but will retarm » two days axo. h disappointed, here at roor eiay m he expects to v noet you. ¥ respe trully your, KELLY, Ww u THREATENED WITH TROUBLE FROM STATE INSPECTORS, WORK MONDAY WONDERS, letter, Ho was at Mr. Kelly's office af ‘ Mr, Hull paid some attention to thi