The evening world. Newspaper, November 27, 1915, Page 5

VERE ~ REFEREES RESIGN AND DIE; CONDUIT SUIT RUNS ALONG Twelve Years Old and In-| volves the Edison Monop- oly of the Streets. END IS NOT IN SIGHT » Meantime Electric People Are Keeping Possible Com- petitors Out ‘Willem P. Burr, former Assistant @sGorporation Counsel, who was dis- miased by Mayor Mitchel on account of the “Death Avenue” litigation, was asked by The Evening World to- ay what had become of another im- portant franchise case he had insti- tuted on behalf of the city against the New York Edison Company. “I presume you refer to the case entitled City of New York against the Consolidated Telegraph and Eleo- trical Subway Company, for an ac- counting under the terms of the franchise,” be replied. “I have no knowledge of it, since I was re- Quested to resign from the Corpora- tion Counsel's office on May 1, 19: I understand, however, that ft is still pending, undecided.” Inquiry at the office of the Corpo- ation Counsel resulted in a state- ment that “the case is still before the referees, but a decision is expected The electrical subway suit ts the eldest franchise action on tho city’s calendar. It bas been pending twelve years, and every year the announce- ment is the same—a decision is ex- Pected soon, The case involves the monopoly of both the Edison Com- pany and the New York Telephone Company in the underground con- @uits of Manhattan Island, the cor- Poration named in the title being a wubsidiary owned by them. *s-DOZEN YEARS OF COSTLY DE- LAY IN COURTS, All the devices of the law's de- lay, assisted by deaths and accidents, have been utilized to drag this sult through a dozen years without allow- ing {t to reach even the preliminary Stage of a referee decision, let alone appeals to higher courts. Mr. Burr instituted the suit In 1903 and was pushing it along, when a ehange of Municipal Administration brought in new influences and the case was taken out of his charge. It Was consigned to “special counsel” and dragged for years without result. With the incoming of the Mitchel ‘Administration on Jan, 1, 1914, the case was restored to Burr's charge in the Corporation Counsel's office. So far the suit had been merely a fin- ancial one to determine how much was due the city from the company out of the profits. The original con- tract said the city should have all over 10 per cent. profits, but the com- pany took care that the books never showed more than 9 per cent. profit. Now Burr stirred up the dusty files vigorously and shot a i.ew and surprising bolt. He filed a brief, claiming not only monetary damages, but asserted that the company had violated the terms of its contract with the city, and because of this its fran- chise to use the streets wos subject to forfeiture. He therefore proposed to take back for the city this fran- chise for underground electrical con- duits. On April 1, 1914, Burr prepared and filed this brief, which was signed offi. cially by Frank L. Polk, Corporation Counsel, closing with these words: “The court should adjudge that there has been a substantial fatlure to carry out the provisions of the contracts, which entitles the city to ae forfeiture of the subways, pursuant to the provisions of the contracts.” WHY WAS FRANCHISE FORFEIT- URE DROPPED? On May 1, 1914, one month later, Burr was requested to resign on ac- count of litigation with the New York Centra! over its tracks in Eleventh Avenue. The electrical subway case was placed in new hands, of campaign was altered, The cli for forfelture of franchise dropped. The city now merely de- mands a financial accounting, and the case continues on before the referees, There are three referees, Hamilton m was Odell, Adrian H. Larkin and George | Ornty Mr. Odell has ince its beginning, Gordon Battl been in the case twelzs years ago. One referee died another resigned during the long litt gation, and the case had to he taken up anew with each change. Even the referees have grown weary of it and are now endeavoring to close it up. ' They have hopes of a decision before the new year. The costs are enor- mous, but the bills are not all in and nobody can estimate the total. a eS WOMAN FIGHTS FOR PURSE. Piecky Encounter With Highway- mt, man Ends tn Hie Ari Mrs, Mary Darcy, forty years old, of No. 22 Luqueer Street, Brooklyn, fought pluckily with a highwayman over her purse, containing $12.07, when attacked early this morning in Baltic Street, near | Smith Alley. The robber proved victor, Mrs. Darcy was struck in the face goy- eral times and knocked down, The robber ran down Baltle Street, put Mrs. Darcy's yells reached the ears of Patrolmen Conway and Gridland of the Butler Street Station, who bumped Tight into the man and later found the Lurse, PThe Brigoner described himself a ward Duffy, twenty-four, of No. 42 with Mrs. Fami! her bi ut the face and hands were treated, The plan | % | mn to the Holy ‘The coated tongue and foul breath are the result of indigestion in both the Intestines and stomach, and are usually accompanied by many other disagreeable symptoms, such as can- | ker sores, pimples, blackheads, bolls, | muddy skin and a yellowish cast to the whites of the eyes. The coated tongue and foul breath are nature's warnings that all is not as it @hould be with the delicate workings of her wonderful machinery iuside the human body. The poor, overworked and abused stomach is crying aloud, as it wero, for relief and rest from too much food. The blood and lungs are clam- oring for oxygen, through the air, which is denied them by the overload- ed stomach and shallow breathing. The kidneys and bowels are starving for water, hence nature’s danger signals in the form of the symptoms mentioned above, It is all #0 easy to overcome these disagreeable signs of wrong living and self-inflicted ailments that it is only through ignorance as to the proper methods to pursue to over- come them that they exist, Insufficient activity of the organs of exeretion—skin, bowels, lungs and kidneys—unwholesome mental habits, overeating, and, in short, an utter dis- regard, through ignorance or indiffer- ence, of the laws of health, cause all of the common disorders which exist to-day. Exercise and diet to prevent these disagreeable conditions are the only sane and rational methods to |follow, and this does not necessarily mean starvation or hard labor, as is generally supposed. Intelligent eating of light, some dishes, fruits and veg copious water drinking and a few minutes exercise in the fresh air once a day will thin the sluggish blood, which is causing the coated tongue, foul breath and unhealthy complexion, if indulged in for even a few weeks, and bring about such an improvement in the general health and appearance that you will continue to follow it. To-day’s new exercise is for the sluggish liver and trunk organs and{ The right , | reaction, THE EVENING WORLD, SATURDAY, NOVEMBER 27, HOME GYMNASIUM FOR WOMEN BY PAULINE FURLONG COATED TONGUE, FOUL BREATH. = + i | Readers of “ise Furlong’e art cles are invited to write to her, in care of The Bvening World, re. questing information that will aid them in following her illustrated lessone. should be performed but a very few times by beginners. Take your posi- tion with the knees and forearms flat on the floor and stretch each leg up as high as it will go, without bending it at the kneg or hip, The toes must be far above the head, Return to the starting position each time before re- peating the exercise, Letters From Evening World Readers Following Miss Furlong’s Lessons. COLD BATHS—MARGARET ites: “Do you advise cold baths rying to reduce?” | . cold baths will not reduce you, Hot baths will, however, also vapor, electric light or Turkish baths. Fol- low the hot bath with a cool shower to close the pores, prevent colds, stimulate the clreulution and cause w FOREHEAD WRINKLES—MRS, HELEN W, writes: “Please tell me what to do for deep wrinkles in my forehead, I am only thirty-four years old, but have had them for years,” DEATHS FROM CANCER MORE THAN DOUBLE INU. S.IN TEN YEARS Report in 1904 Shows 23,295 Victims; in 1913 the Total Was 49,928. The number of deaths from canoer registered in the United States in- creased from 23,205 in 1904 to 49,928 !n 1918. This corresponds to a rate of more than 70 per 100,000 of population in 1904 and nearly 79 per 100,000 in 1913. ‘These figuras are in the weekly bulletin of the City's Health Depart- ment issued to-day. ‘The bulletin contains a summary of the work of Dr. Beitier, Registrar of Vital Statls- tics of the State of Maryland. Dr. Beitler’s statistics, laboriously col- lected, show: ‘The death rate per 100,000 of popula- tion from cancer increased steadily during the decade, the Increase amounting to 126 per cent, compar- ing the first with the last year of the decade. It is proved again that females are more subject to cancer than males. The greatest number of deaths from this cause occurs between the ages of sixty and seventy. ‘The stomach and liver are attacked by cancer oftenest. Thirty-one per- sons out of every 100,000 of the popu- lation died from cancer so located. OBITUARY NOTES. W. Atlee Burpee, fifty-seven years old, head of the Burpee horiticultural firm, died last night at his country home near Philadelphia Henry M. Ford of Ford's Opera House, son of the late John T. Ford, died yesterday at Baltimore, aged forty-olght. Charles L. Fryer, assistant teller of the U. 8. Sub-Treasury, died yester- day at his home, No. 24 New York Avenue, Brooklyn, He was sixty-five years old, The Rev. Thomas F, O'Connor, formerly assistant rector of St, Ste- phen's Roman Catholle Church, died yesterday at his home, No. 316 Bast ‘Thirty-first Street, aged fifty-three, Dr, William G. Griffith, a founder of the Trenton Free Dispensary, died Wednesday at the home of his son in Trenton, aged elghty-two. Mrs. Miriam B. Gardner, a pioneer suffrage worker in New Jersey, died Thursday at her home, No. 500 West Ono Hundred and Forty-third Street, in her eighty-eighth year, Col, W. H. M. Sistare, for the last ten years custodian of Grant's Tomb and ‘a veteran of the Civil War, died on Thursday in his home, No, 649 Massage tho lines, contrary to! them, that is, in long, oval motion, with the tips of the fingers, dipped in janolin, Cultivate poise and avold as raising the eyebrows, frowning, &e. Riverside Drive, Talk Into Your Telephone ERE are two ways to make a tele- phone call and to carry on a telephone conversation. The wrong way is to mumble the number to the operator, to be inattentive to her repetition, and then, when you get the connection, to talk at your telephone without regard to its distance from your lips. way is to The right way will help you to get even quicker and more accurate connections and will make your telephone conversations more efficient. Always talk directly into your telephone. It will help make telephoning more pleasant and more satisfactory for yourself and others. ive the number to the operator clearly and distinctly, to listen for her repetition of the number and acknowledge it, and then to talk directly into the telephone, with your lips close to the transmitter, giving your whole attention to the telephone conversation. 1915. Try VELVET SMOKAROLS in Any Pipe— They’re Great! | i SMOKAROLS PATENTED "JUNE'29 1916 The introduction of this old favorite in a new role has been a great event. 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The pure rice paper, in which the SMOKAROL is wrapped, is tasteless and odorless, If your dealer cannot supply you, we will send you a drum of VELVET SMOKAROLS—12 packages, 72 smokes— 30c and a SMOKAROL PIPE 25c, on receipt of cash or stamps. Liggatte Myra Fbacco Co. 2d Filth Ave, New York City Copyright 1915 The Smokarol Pipe 25c 4 Packages QA Smokes) French Briar Solid Rubber Bit