The evening world. Newspaper, February 5, 1915, Page 2

< my oeae ee ed es se Four Days, Claim from Berlin iytf i duels took | “On the East Prussian frontier re- Rewed Russian attacks to the south of the Memel River were repulsed. “Strong Russian attacks againet the positions recently taken by the Germans to the cast of Bolimow that vicinity since Feb, 1, twenty-six officers and about 6,000 mon.” " OFFICIAL FRENCH REPORT. i il given out Office: aj | j i HE HH i z i e t i : } g [ i [ I i | 5 f i 5 Ps & i : & fy Trench on Road to Lille and Taken, Says Paris were « or killed or taken prisoners. “Our artillery silenced the batteries of the enemy at a point néar Adiafer {to the south of Arras); near Posieres | ,, (mortheast of Albert), near Ham (northwest of Peronne), aa well as in the sector of Pailuy (south of Noyon.) “Thore is nothing new in the region of Porthos. In the Argonne there was yesterday one attack at Bagatelle. ‘This attack, which in the beginning took from us about 100 yards of trenches, provoked two counter-at- tacks on our part, which resulted in our not only getting back thie 100 yards but in srinise. ground beyond where our lines had previously. “In the Vosges is ye changes. the front’ there is nothing to report.” ' 3,000,000 Men in British Army, Says Report to Parliament , Feb. .—The army eotl- te which Parliainent will de- ‘Adecfiret part of next Week's number of effective if af I ee fl 7 * totals of estimated expenditures are given. The vote under each of the fifteen headings ts set at the nominal figure of £1,000, This gives the House of Commons opportunity for the di cussion of each heading, while the Government may spend whatever ie necessary under these various items to prosecute the war. KATZENBERGER MUST * STICK TO HIS AME Gourt Is Neutral and Refuses to * Legally Change It to Kaye. ‘William Katsenberger, a wealthy fetired business man of No. 1 West Ninety-fourth Street, and his eon, ‘William De Young Katsenberger, ap- Diled to Justice Cohalan in the Bu- Breme Court to-day to have their mame changed to Kaye. ‘The Katsenbergers in their petition eesorted they travelled recently in England and France on matters con- nected with business. “In these countries,” it states, “people of German names, although American oltisens, by reagon of the animosity engendered by the war @re eubject to insult, impediments noyance." and ani wg penving the application, Justice balan sald: oaPhinas such as Nad should not appeal to any court, and certainly do not appeal to ed would be Righty inappropriate ‘tor rt in @ neutral nation to ap- prove @ change of name on egeount Seo rar Deine waned among belliger, @ courts are not dimposed to take to the courts is not essential for that purpore. STOLE MILLION DOLLARS; DIES AS A FUGITIVE George M. Wagner of Philadelphia Is Found Dead in New Orleans. PHILADELPHIA, Pa, Feb. 6.— ‘Word hag been received bere of the death im New Orleans of George M. ‘Wagner, « fugitive trom justice since May, 1913, when he was charged with miseppropriating nearly @ million dollars from the trust funds of clients and from estates of which he was twustes or executor, ‘Wagner was promipent as » law- yer, real estate Gealer and clubman. Tt was believed by his associates that Wagner hed lost heavily is ua- profitable investments, (alas oa RUSSIA TO SPEND. NEARLY ON THE WAR THIS YEAR. PETROGRAD ‘(vie London), Feb, 5. ‘The Budget Committee of the Duma in ite estimates for 1915 places revenues at 2,282,000,000 rubles (2,968,000,000}; ex- penditures, 8,600,000,000 rubles ($1,840,- (000,000; extraordinary expenditures, 134,- 000,000 rubles ($67,000,000). aha Shs seat SENDS PRE TIN TONEW HH RECORD Federal District Attorney Hints at Possible Action on Re- ported Squeeze. CHICAGO, Feb. 6—Following per- sistent but unconfirmed reports that “a man of great woalth” will at- Woman Glwing Non-Skid Shoes for Horses to Needy Driver PARDO SOCTE OHHH 14 ENE HOEOTEONED ry PoE ULELELeen SSS tempt to corner May wheat, that! grain shot to @ new high price rec-| ord to-day. Thirty minutes after the! Board of Trade began business May wheat Jumped to §1.66% per bushel and later went to $1.67, Traders insisted that speculation hag nothing to do with the situation. Federal District Attorney Clyne, when asked regarding report that be had been “tipped off’ regarding an attempted corner, meroly said, “T have nothing to say now. I will make a statement later in the day.” Later Clyne sald hoe suspected a woll laid plan to corner May wheat and force the prico up to $2 per ‘bushel, “Woe are making a thorough n- vestigation of the information, and — wensational = developments within the next day or two,” Clyno sald. “I do not know whether it will be in Chicago or not. Duluth, Kan- ean City, Minneapolis, Buffalo and other large wheat marts may be en. tered to-day or to-morrow hy. the buyer or syndicate of buyers, dom- inated, | believe, by one man.” DEMOCRATS SEEK WAY TO SOLVE SHIP BILL PROBLEM IN SENATE Still Lack Votes to Win and May Consider the Gore Substitute Measure. WASHINGTON, Feb. 5.—Demo- cratic leaders in the Benate in a fur- ther effort to save the Administra- tion Ship Purchase Bill were to-day considering new lines of action. Out- numbered by the opposition, the ma- Jority leaders have be far failed to carry out their plan to recommit the Dill with instructions for amendment. One plan under consideration is to recommit the bill without instructions #0 as to bring it up again on a motion to discharge the committee if it falled to return the measure with amdnd- ments recommended by the cautus. Gome of the leaders favor this plab if assured of enough votes to carry it, A new angie to the parliamentary aituation developed when Senator Gore, who yesterday introduced a a@ubatitite bill, referred to the Com- mittee, moved that the committee be discharged from 1 The Gore bill ts t @ame as the original measure, perfected in caucus, and hes amend- ments to meet views of progressive crate want to submit for final actien. The motion went over without ac- tion for a day, On Senator Gore's motion some of the Democrat leaders believe they can muster enough votes to get the amended ill before the Senate, It would eliminate action on Senator Clarke's motion to'reecommit. Repub- Mean leadera insist they would re- sume their fight. - Notwithstanding the determined at- titude of some of the Administration Senators certain Democrats, it is sald, have told President Wilson that whould the bill be amended to meet the views of Progressive Republicans it would lose the support of more Democrats. Administration Democrats claimed support of Senator Kenyon for the Gore motion, which probably would net be pressed, howe: until after the Clark motion haa been put, and in all probability carried. psc oe NO CIVIL SERVICE FUNDS. New Commission Beginning Work Finds Cofters ty. ALBANY, Feb. 6.—Exami jon of the funds of the Civil Service Commis. sion by the new members to-day de- veloped the fact that th was no money on hand to pay the many run- ning expenses of the body, Money ap- propriated to meet such expenses up to Sept, 80 next has been exhausted. The Commissioners appealed to Sena- tor Gage, Chairman of the Finance " At ti that's great Sal of ine ane TraPrihe:qatgoigy, Cepntason, inate of New For Municipal Commission. —_—_——_ Bil te Thwart Milibusters, WASHINGTON, Feb. 5.—To thwart filibusters, Senator Norris to-day pro- posed a cloture rule to prevent u a fore than three hours in general bate, on @ measure and to limit These, whe do" aot Use’ t 9 40 debs! Si iy pom pO PADBANLIEL-1-8-846 FHO0O8T8E95-0G4-6-01-14-10690-O01 09 instituted a new charity which has for K. J, Post, ahown above, hi regarding junities of clitixéns Ir ling direct to Commissioners. Judge MeCall said any citizen could come right to him. Q. Now, Judge, you say that th No reason why the public should not get to the Public Service Commission, and you say that your private law practice has never interfered with tho the new tre of cars expected in the new Brooklyn subway, DION'T REQUIRE B. R. T. TO BUY NEW CARS. Q. Is it the policy of the commis: |P hu- man beings to ride in because it would “entail unnecessary loss"? A. re. | No, it is not, but it would be ridicu- Tosenberg of No. 87 Kast Seventy- » weventh Street on Feb. 14, 1913: “I beg to acknowledge receipt of your letter addressed to Chair- man McCall protesting against the discontinuance of subway con- struction in Lexington Avenue south of Forty-second Street and requesting a short audience for you and Dr. John A. Wyeth, “Chairman McCall is exceeding! busy and will be unable to make any engagements for conferences regarding rapid transit matters ‘until after relieved of the present Pressure on his time.” Q. Now, these gentlemen had a hard time of it trying to see you, didn't they? A. I was busy with other mat- ters at that time. SAYS HE DID HAVE TALK WITH OR. WYETH. Q. Tho fact is that you wero en- | gaged in the trial of a private law | case downtown at that time, tan't it? ,A. That was not the reason; there ware other matters, Commission mat- ers. Q. But you had time to attend to the service of private clients down- town? A. far as that goes, I saw 4 Wyeth. Mr, Hayward—Then Dr. Wyeth was fortunate. Col. Hayward rend a letter written by George 8. Coleman, counsel to the C d which advised ig to court any ceiminal actions against corporations when they refuse to obey orders of the Com: | mission. This appeared to be th 4 {ts object the relief of horses that are forced to pull heavy loads over etrects made slippery by aleet or ice. She gives to drivers, otherwise unable to afford them for their beasts, chain shoes which help the horse to surfaces, ’ CHAIRMAN M'CALL TOO BUSY 10 HEAR SUBWAY COMPLAINT (Continued from First Page.) Closed yesterday that Judge McCall gave to court cases while the'B. R. T. and Interborough continued violating orders and giving bad service to the public were but a part of the Chair- man’s record. He asked about the meeting of Jan. 6, 1914, at which the Chairman was marked as present. Q, Do you recajl the case of the people against the Poultry Trust,’ (: whore, after three months’ work, a| N' conviction was secured? A. Yes. HE OPPOSED THE PEOPLE'S CASE IN COURT. Q. The records of the Appellate Divi- Supreme Court show that on Jan, 6 you appeared as counsel! for the defendants on appeal to the higher court, A. That is correct. Q. Then in the morning you were at No, 164 Nassau Street serving the people and at the Appellate Division in the afternoon opposing the people? A. I was arguing for teversal of con- viction. Q. And you thought it consistent to take an opposition attitude to pub- Me interesta? A, I thought it not only Proper but an excellent thing to do to defend these men whom I thought unjustly convicted, Q. But the Appellate Division did Rot agree with you? A. That is true. Q. Do you consider that your ac- tion violates any of the canons of the American Bar Association, A. I certainly do not. Not the slightest conflict of interest. Chairman Thompson—The commit- e thinks a lawyer has the right to take elther side of a case he thinks right. The only question here whether a Public Service Commis. sioner ought to be doing anything else except attending to his duty as &@ commissioner. EXPLAINS ABOUT 63,000,000 IN OUCHERS. ‘Then there’ matter, Col. Hayward. You read yesterday from the record that $3,000,000 of vouchers a ma bi Rs jo at leas je Signed by three membere. of the Commission. When the matter came up before the Commiselee, the whole. conversant with what the vouc! were for. Q. (by Senator McQuistion)—You All of us were thoroughly of the whol: any things to be discussed which might not better be di lic? A. No, but it is in the commit. rs|Commission when the company in pub- | maintain his footing on treacherous —— cue i to hunt up the members, just as I had to do of the reg what th Well, yer any ¢: ception whatever to what you've done. Please understand that. DIDN'T KNOW THERE WERE ANY VIOLATIONS, Q. You said it was physically im- possible to take up examination of violations of orders, and yet you found time to practice law? A. I never knew about any order that was being violated—orders that were is- sued before I took office. The cor- reapondence was carried on by the Commissioner who had them in chargo. (Mr. Pastis, Ro jonser, a member.) My hahis were full of other. business. I did everything that a human being could do to acquaint myself with the workings of the com- mission. I was absorbed at first in the contracts for the dual subways. If I had the light you had, Col. ward, and wen: directly in search for the orders I probably could have in- formed myself as quickly as you did. Senator Millse—Wasn't the informa- i ‘lable in the dally press? A. "t there information in the daily newspapers of insufficient ser- vice In non-rush hours? A. Oh, yes, sporadically, except lately, when they been ‘saying everything, But some of the newspapers I pay no at- tention to. actly opposite what they state. . Chairman Thompson—Do you want to specify them? A. I have no heal- tancy and never have had. kia chairman did not press the ques- tion. Q. What did you do when you went the commission to find out the rocedure of the commis- that I had @ dis- and I bad it reorganised. Q. What did you learn about the handling of complaints of equipment? A. T learned that the cormpelas were received, dooketed and investigated and those informal complaints which reco that very few informal com- meee ever reach the secretary ints for Instance com- Is}enough ALL COMPLAINTS GO FIRST TO TRANSIT BUREAU. the Chairman). time, A. No, port of the complaint is ma 0 Joseph Johnson, head of th transit bureau. He investigates it. Suppose it's a case of a man who complains that he had to stand on a corner and walt for a car. That shouldn’t come before the commis. in the way it does, t Mr. Johnson makes of it after investigation, ‘The Third Avenue switch case be- came the subject of heated contro- versy between the committee and witness. Q. Why was no action taken b: hi month after month to remedy, despite repeated prodding letters from the secretare and Creed clerk? A. Rees t wae everlasting! after Sn He kept moat persistently after them to remedy the conditions, Why was not a peremptory order ? A. It would have been if ft had known of it.- An through t|have been issued so quickly as to sion. Q. Were there any matters dis- cussed whith were Letter discussed in private? A. Yeu; I think there tere eee over when tt le 3 public. ¢ | formal complain’ Mr, Whitney kept a memoran- if he waa there, but if an" were kept? A. There t | up to @ point not be im. ma Why wan it not reported? A. Woe are not all perfect. I don't kno’ why it ai not cremerteg toes te Mr. Dagge' oug' pally i ones have been settled nereanondence, MPTORY ORDERS OUGHT ld SE \eeuae. Q. Do you believe fers, spony hd ch e han: - formal complain A. Absolutely. 1 think that informal complaints have been handled by the secretary where satisfaction could tained, then it should be ation of the Com- My Attitude would be ex- | B. the Commission. lcCall emphatically sustained in eayii “TI don't believe the Public Service Commission should attempt to in- dict for misdemeanor, I don't be- Heve the Commission should resort to public prosecutions to aid in enfore- ing their orders. I think mandamus Proceedings followed by penalties for contempt if violated are sufficient. SHALL NOT RUN TO THE DI8- TRICT ATTORNEY. “We should not attempt to run to the District Attorney's office simply because a train is five or ten minutes late or ten or fifteen people had to stand in a car. You would be laughed out of court every time you asked for penalty, particularly as in one case here where the cumulative vio- lations would involve $750,000 1 ties. Such a condition would be bound to influence the courts. They would strain every fe to relieve the de- fendant in such trivial cases of so aggerated a penalty, and rightly so. I would commend them for it.” It developed that Secretary Whit- ney of the Commission took opposite | ® ground and had written a lengthy argument in favor of instituting criminal proceedings against corpora. tions violating the law. The practice and numerous convictions of the In- terstate Commerce Commission were cited in support of the secretary's demand for more teh Comes! action by the New York City Commission. When the session was resumed this afternoon, Chairman Thompson to Judge McCall: “In behalf of the Committee let me say to you that ‘we recognise your right to have coun- eel bere, if you care to do s0.” “I have no desire to do that,” Judge McCall replied. Judge McCall explained that the pressure of business referred to | Rosenbe! tracts an what occupied my time.” Going into complaints against the . RR. . Col, Hayward referred to 1 ‘adequacy of service on B. R, T. lines,” which dragged from Jan. 1, 1913, to Nov. 1914. Records showed that there were a total of 1,853 complaints against R. T. service in the three years 1911, 1913 and 1913. On Nov. 10, 1914, the entire proceddings were dismissed by the commission without any decision being made and a new case numbered 1,880 started. ORDERED JOHNSON TO MAKE COMPLETE SURVEY. Q. All this time there had been an order which, if enforced, would have remedied these conditions. Did you know of anything about these pro- ceedings all this time? A.I knew nothing about them until I took up the whole general situation and set Mr. Johnson to work. I was con- inced t! the only way was to & general survey, starting with Queens, next Brooklyn, then Manhat- tan and Bronx, just as Mr. Jobnson has done. You can't possibly remedy the crowded service except in some isolated instances. It is a condition and one that will grow wo! Q. Then you think Mr. Johnson te incorrect in his report that condi- tions on the B, R. T. can be rem- edied? A. Well, I don't think condi- tions can be improved under the Present cifcumatances. In answer to Col. Hayward, Chair- man McCall said: “My practice of law, an you call it, was nothing more than a study of cases. It wags done at dark, when you were sleeping, It n when I was preparing my cases. Q. But the courts didn’t sit at night, did they? A. I did nothing in the courts but examine one or two witnesses or make an argument. Judge McCall explained, in answer to other questions, that he always found corporations ready and willing to help out in the matter of improve- ments and the rectification of errors, “[ say this not as a champion, but in all fairness. A_new line of inquiry was started on B. Rt. T. antiquated cars and worn equipment which the Public Service Commission ha: order replaced because tail unnecessary expens Case No. ‘managers the id | Players’ lous to require furnishing a type of. car that would soon be discarded. Tho B. T. is now buying ni nd of news care, very heavy and ve large, that they Cannot use on the Present structure, Yen, we will have a photo; of a steel car, the only steel captivity B. R. T. Just t show wi juipment is I have hore a ti checked by your statis- ticlan, which shows the age of B. R. T. cars, It shows aa follows: BASEBALL CONTRACT ONE-SIDED, SAYS COURT, DECIDING FOR PLAYER Appellate Division Orders New Trial of Pitcher Hageman’s Suit Against Boston Club, aph in 0 Opinions Involving millions of dol- lars’ worth of property have been written on one page of ordinary fools- cap, but for a weighty problem like baseball it required seventeen pages of paper to-day to set forth the di- versified opinions of the Justices of the Appellate Division of the Su- Preme Court in the suit brought by the Baseball Players’ Fraternity, known among the fans as the ball- players’ union, against the Boston American Club on behalf of Kurt ‘M. Hageman, a pitcher. The suit was decided in favor of the Boston Club in the Supreme | Court, but reversed by to-day’s deci- sion, and @ new trial ordered. Hage- man was a pitcher, who, on Sept. 18, 1911, signed up with the Boston Red Box fore the ‘season of 1912 at $400 4 month. After playing one month with that club he was ordered to report to the Jersey City Club. That club juggied him into a position where efforts were |= made to unload him on Denver at ionth, instead of 9400. It appeited held gave the right to shift bim ‘round any placé and any time and cut his salary, Justice Laughlin, vailing opinion, held that the contract held by Hageman with the Boston Americans was one sided and drawn in the interest of much regard for the rights of the raternity, to whom Hage- man had assigned his claim, and that the Boston Club had no right to transfer him to another club except at the salary named in, the contract. ——>—__—_ Lon Stecks Steaty, LONDON, Feb.’ 5.—The proponed blockade of England had little effect that the contracts he writing the pre- acted at ene Janguages, and dumb, told Magistrate Breen. at Forkville Court, this aft the sa toms of a deaf rent the Ind till he is twenty-on he they i roguery at U* nerally at tive OT a card-#tating he had lost pockets. Lieut. Quackenbush, who ‘knows bentd he: of the faker, with not one of ti to the Retormatory q O'’ Tool ing for Louis Perry, aye bea trained boys ‘ea all parts of the eoun' — NEW ORLEANS WINNERS. FIRST RACE. Maiden three-year-olds and upward; is six furlongs.—W. C. West, 103 (Ma' thews), 8 to 1, 3 to 1 and 3 to 2, first; . Jefferson, 108 (Pool), 4 to 1, & to & and 7 to 10, second; (Lilley Phil T., 108 13 to even and 1 t& 2, Universal Movie Star wearing an advanced Spring Style London Feather Hat @5 to $10 on the Stock Market to-day and a fair | White Rese Coffee, Only 35c. a P. ‘amount of cash business was trans- eay VALUES, that word means ster intended fort when he compl that Web- the great Ameri- | | peers jonary. with extreme care. worth-while QUALITY and ECONOMY, Present the following: Special for Friday, Feb. Sth. TROPICAL FRUIT JELLIES—A col- CHOCOLATE COVERED PEANUT CLUSTERS—The Peanuts used in thie confection are the Pride ef the Geuth, full arown and full flavered, perfectly 19¢ rea. 230 POUND BOX a 3 ‘Our 7 remulag can During business career of over half century we have always handled the word VALUES For this reason: It’s use always signals unities, measured the rule of Ae @ forceful demonstration, we Advertised Specials are on cale at all’ cur stores: ‘ANGE! ay ‘The jolt +, Strive, new value silk of Other shade house without eat king with twiee fivient. pure ailk. We “GOTHAM | 100% | ben 0° re and you E. eal Pa ail BH haree Phe genuine have GULASISIES g1amped on the ioe. Buy will never 1p to-morrow morning. You Jever go back to the old kind. GOTHAM HOSIERY SHOP duet EAP BEE Be, ont MITCHELL.—IDA MARGARET, believed daughter of Walter 8, and Agne Miteheil (nee Connolly), - - i Vuneral Hatueday, 0.30 A. M.; shence to the Church of Our Lady of Mereys n Ave, and Vordham Road, Ips ent 6t, Raymond's, ¥—On Feb, 3, native of County Howommone Ariens, wito of Patrick Murphy, native of Valens cla, County Kerry, Iretand, at her henge 23 Chapel » Brookiyn; daughter’ Kearney and Mary\ wed by four children,’ mlah, May and ‘Theresa, Winifred, Nellis and Funeral services Satu