The evening world. Newspaper, December 22, 1915, Page 1

we b x ’ Mayor Orders New Year's FANAL PRICE ONE CENT. .». 0 _Cbe_ “ Circulation Books (“Circulation Books Open to All.”| All, Public Drinking Stopped at 3 A. M. Partly cloudy to-night and Thursday; warmer, » FANSL _F¥ctront tion Books Open to All. 4 Copyright, 191: ‘The Press Oe @ (fhe New York Wertd), ney YORK, WEDNESDAY, DECEMBER 22, NEW YEAR'S “LID” GOES ON WHEN 3 O'CLOCK STRIKES IS THE MAYOR'S DECISION Order Considered Compromise to Protests Made by Anti- Saloon Men and Ministers. STRICT OVER LICENSES. Only Respectable Places Will Get Them—Regular All- , Night Saloons Stay Open. Mayor Mitchel to-day fend the scores of ministers who have ‘written him demanding that he refuse to grant all night liquor licenses to @abarets and other places of amuse- ‘Went on New Year's Eve. Last year the cabarets and lobster! . Palaces of every description coming) ‘mder the all night license permits were permitted to do business uninter- Fuptedly until ¢ o'clock in the morn- fing. Year is to grant permits which will remain in force only until 3 o'clock, Tho Mayor’s intentions wero made Known in a letter written by him to ‘William H. Anderson, Stato Superin- tendent of the Anti-Saloon League. Tho letter follows: My Dear Mr. Anderson: Your letter of Dec. 13 has been recetved, It is certainly not my intention to take any action with reference to all-night Ucenses on New Year's Eve which would encourage exces- sive drinking and revelry, We must recognize, however, the fact that it is the custom in this town ot many years’ standing for an un- usually large number of people to go to restaurants on New Year's Eve. In recognition of this it seems to me wise to grant, as the law em- powers me, to restaurants of good reputation a special license which ‘Will enable more people than usual to take a late supper on this one night of the year. ‘Most of those who go to restau, rants go merely to celebrate with their friends the coming of the new year, without the disorder to ‘which you object. Permission to (Continued on Fourth Page.) ——_———— MONRO RECALLED FROM DARDANELLES Sir Archibald Murray Takes Place of the Successor of Gen. Hamilton, LONDON, Dec, Lieut.-Gen, Sir Archibald Murray has been appointed 4o succeed Sir Charles Monro as British commander at the Dardanolles, gays an official statement issued this afternoon, The official announcement follows: “Gen, Sir Douglas Haig, having as- sumed supreme command of the Brit~ igh forces in nee and Flanders, Gen, Sir Charles Monro will succeed him in command of the First Army. “Lieut, Gea, Sir Archibald Murray, clef of the Imperial General Staff, will succeed Sir Charles Monro, “Licut, Gen, Sir William Robert- son, now chicf of the General Staff in France, will become chief of the Im pertal General Staff, with the tem- rank of ge) neral, with Major Gen, B Whigham as his deputy, wr Gen, Kiggell, now assistant to the chief of the Imperial General Staff, will become chief of the General Staff of Sir Douglas Haig.” offered a} 4 fompromise to the Anti-Saloon League | ; What the Mayor proposes doing this| 2 | | | LLOYD M. BINGHAM DIES ABROAD WITH FORD PEACE PARTY geegesoreeees ese P204OO é ® er eas LLOYD M, BINGHAM, Husband of Noted Actress Had Been Liveliest Entertainer -on Trip Over Sea. CHRISTIANIA, Deo. 22.—Tdoya M. Hingham, a member of the Ford peace party, husband of Amelta Bingham, | noted Anierican actress, died here to- day of pneumonia, Mr. Bingham, who was one of the first to accept Mr. Ford's invitation, accompanied the expedition as an of- ficial entertainer, He made many friends among the peace delegates, but his bohemtanism offended some of the more Puritantcal of the voy- ers, They succeeded in having called off the concert Mr. Bingham had arranged to be held in mid-At- lantio-and urged that he bé left be- hind at Christianta, Mr, Bingham became {ll in the midst of this disapprobation. He contracted pleuro-pneumonta aboard ship and was removed to a hospital the day after the Oscar II. reached Christtania, Arrangements are being made ship his body back to New York. The death of the party's chief en- tertainer threw a shadow over the Ford arrangements to-day, and it is possible meétings scheduled for this afternoon will be cancelled, to Lloyd Mel¥if! Bingham was about fifty years old, He was an actor known as Lioyd Melvill when he met Amelia Smiley at Hicksville, O., and launched her on a successful stage career, Mr, Bingham for years had been his wife's manager. About ten years ago he had some success as “ broker in Wall Street. He member of many clubs, including the Lambs and the Elks; he was an en- thusiastic Mason, a member of Cres- | cent Lodge, No. had attained the thirty-second degree, and way High | Priest of Mecca Temple of the Order of the Mystlo Shrine. | The home of the Binghams is at No. |108 Riverside Drive. Amelia’ Bingham | Jhas been with the Willlam H, Stock Company, ‘Texas to-day. Crane which is at Austin, Mr, Bingham went with the Ford peace party against the wishes of bis wite, He had becn an intimate of Henry Ford for several years. | Nicoll says }1, 1900, and that right is entitled to jr) and nit it. | Company is concerned, ‘1915. 16 PAGES PRICE ONE ht LR LI CITY PARTLY WINS EDISON ELECTRICCO, Referee Nicoll Holds, However, | De Marco Saw Woman Killed Original Franchise Has | Some Standing. HIGHER COURT TO SAY. i feit, and Decision Does Not Clear Up Case. cey Nicoll, long-fending suit of the city against the Edison Electric IHuminating Com- pany of Brooklyn and the Amsterdam Electric Light, Heat and Power Com: pany to forfeit the electric lighting franchise In the old Thirtieth Ward of Brooklyn filed in the County besa office this afternoon his opinion. Mr, Nicoll holds that the Edison "ANCONA SURVIVOR IN FIGHT TO OUST | SAYS W-BOAT SHOT | VESSEL referee in the} Company, which sought to monopolize the electric lighting of Brooklyn, has} no standing in court, no right to pos- | session of the franchise and this being| the case cannot operate it | The Amsterdam Company, however, | jis given @ standing by the refere On the point whether the was forfeited years ago, as by tho city, by reason of fallure to! construct the required conduits and perform certain operations, Referee “I conclude that the franchise was not lost through the manner in which the Amsterdam Company attempted | to comply with the provisions of the | seventh clause of the resolution, It has, at least, the right to operate the system which {t created’ prior to July protection in the courts.” According to representatives of the} city there in to be determined tn the future the question of whether the) franchise, so far as the Amsterdam has been for- feited through fatlure to comply with | tho terms and conditions of the fran- | chise ‘and operate it for the benefit) of the public, Refereo Nicoll sums up the deci- sion as follows: “The conclusion at which I have | arrived i that the complaint should} be dismissed as to the plaintiff Fxl- son Electric Uluminating Company of Brooklyn; and thet the plaintiff Am- | sterdam E Light, Heat and dlectrie Power Company ts entitled to an in- junction restraining the defendants} from passing any resolution purport- | ine to revoke the resolution of Dec, 30, 1895, or to forfelt the rights of said plaintiff thereunder, or to pros- ecute the bond given in pursuance of said resolution. Findings in accord- ance with this opinion may be sub. mitted,” Mr, Burr sald: “A hasty glance at the opinion seems to me to show clearly that the Edison Company has no standing in court, hag suffered no irreparable damage as claimed and has no right to use the franchise, “The Amsterdam company must stand alone, and now the question reverts to whether this latter com- pany, that went out of business years ago and ceased to operate the fran- chise has forfotted its rights to it I think that the higher courts will |decide that it did lose the right “The Amsterdam company aband- oned its plant in 1899 and operation | of it has been carried on since by the Edison Company. This latter cor- poration has no right to do so fur- ther, |cona was moving very slowly because | | it was impossible | at the lifebou ts, AT THE LIFEBOATS by Shell as She Was Rowed From Liner. WAS STOPPED. |City Proceedings Were to For-| Submarine’s Fire Continued, However, After the En- gines Were Shut Off. The first of tho survivors of the steamship Ancona, torpedoed in the Mediterranean by an Austrian sub-| marine, reached New York to-day with a thrilling tale of his adventures on the Italian ship, The survivor, Glovann! De Marco, declared poal+ Uvely that the ship was stopping ‘when the first torpedo was fired and | GERMANY’S BANISHED MILITARY ATTACHE AS HE SAILED AWAY TO-DAY | BOOO09G0LD-06-0906-6-08-146 6006 PoE OSES 065 o rrr SOOS2: that be saw tlie Austrian guns fired again and again on the dofenceless | © women and men and children after they were in the lifeboats. De Marco, an intelligent lad of fo ee fifteen years, was a member of the 3 | Ancona's He arrived on the Fabre Line steamship Patria. “I was below when the first word ame that @ submarine had been sighted,” said Do Marco, “and 1) rushed on deck with many others. ‘Tho jittlo boat was thea coming | toward us. We all wondered what} would happen when the sbip began to “There was no doubt of this, The| engine had stopped and sbe was going | slower and slower, Then @ shot was fired by the submarine at our wire- At that timo the An-| to overcome her; momentum, “Then the shots came thick and fast and, of course, there was excite- mont. The crew, however, did all they could to lower the boats and get the passengers in them, The women were put off and then members of the crew tried to save themselves, I was jon the upper deck. I saw a boat be- |low me going away that carried only a few and I jumped iato it. There were four women in the lifeboat be- sides those who manned it, “I should say that there were forty shote fired right at first, After there wore other shots. They were almed They did not hit the one that I was in, but near me was a boat in which was a man and a woman passenger and a shot was fired at them that did hit, The woman was killed instantly and the man had his hand blown off. I do not know what became of them sae ing on operations. 1 maintain that tt has failed to comply with the condi- fions, that the specified tim» has elapsed and that the franchise must} ultimately be forfelted.” The case is much complicated by the fact that the Edison Company owns all the stock of the Amsterdam Company, having been allowed by the Public Service Commission last year to acquire the remaining twenty-two shares outstanding. The permit was the subject of exposure and much controversy recently before — the Thompson legislative committee in Vestiguting the commission The Edison Company iso owns a large k of Amaterd: ponds and clulmed to have a formal lease of the CAPT. FRANZ vow 4 7 KAISER WILHELM ILL, POSTPONES HIS TRIP Overseas Agency os tas It Is “a Slight Inflammation of the Cellular System.” BERLIN, Dec. 22 (by wireless to Sayville). Emperor William has post- Poned the trip he had planned mak- ing to the western front, the Overseas News Agency announces, a slight in- disposition making tt him to remain indoors for a few days. The Agency's announcement de- scribes the Emperor's allment as “ wight inflammation of the cellular system.” LONDON, Deo message recoived Berlin iiness An official here to-day from describes Emperor William's as “'zellwewebentzuendung”’ (more frequently given as “bindege- webentzuendung”) An authoritative m 1 publica. | tion gives tho term "cellulitis and describes it as follow Inflamma- tion of cellular or loore connective tis- sue, chiefly subcutaneous, but also ef that between muscles and viscera, or surrounding various organs, It is characterized by the same spreading or atonie character 4a erysipelas an is circumscribed or diffuse — GERMAN TOWN WRECKED BY POWDER EXPLOSION LONDON, Dec, %—According to advices to the Amsterdam Telegraaf, forwarded by Router's eorrespondent a powder Amini nition « actory and several at Muenster, West 1p. 4 n blown ur damaKe the ne latter's property, ‘The referee denies the claim of a lease, but maintains that the franchise itself still remains intact in the Amsterdam Company's possession, The referee 0 “The Amsterdam Company was not insolved, It preserved its corporate “The question is whether the defunct Amsterdam Company can be revived and geek to carry out the required ments of the original franchise which avuctfied conditions of time in carry: existence and organization through- out.” ’ ——-—. An hagas ae ee | CHRISTMAS SPECIALS oats and Sulte, $5.95, jothing Corner, Broad- fiarclay St. opp, Woolworth will well to-day and Thursday ® Suits and Overcoats, fine rays, ol stripes and dark mixed worsted: BORD forth in any other ato ur apes bf 6 to-day and 59) Kivo Nargo variety of Aatr coats, $80 value, $14.75. Bick “thi Black thibet “ a 20%, soaled milk and « keg of sauerkraut, necessary for) VON PAPEN SAILS: | SAYS HISTORY WILL CLEARS RECORD German Military Attache, | Forced to Go, Thanks Amer- | icans for Kindness. PRAISES U. S. SOLDIERS. Crowd of Friends See Him Sail on Noordam—Many Presents Are Sent. Practically surrounded by cases ot} champagne, boxes of provisions of all) kinds, thirty-six bottles of specially the Christmas gifts of friends and ad-| mirers, Capt. Franz von Papen, former | military attache of the German Bm- | baasy, recalled by his Governinpat at) the request of President Wilson, bade | farewell to @ large crowd of well wish- rw on the deck of the Holland-Amer- jie, liner Noordam to-day For an hour before the steamship left her pier Capt. von Papen easily the centre of interest on board, | and when the veswe! had backed out | and headed down the North Kiver a throng of his friends flocked at the end of the plier and cheered him again and again, | Capt. von Papen was an early ar- rival at the plier. A crowd of friends accompanied him and others arrived liater, ‘Trucks had been unloading | cases and packages consigned to him jail morning. It appeared from the volume and variety of the food sup- | plies sent to him that he contemplated | maintaining a private commissary on |the voyage across the Atlantic. ‘The | stout keg of sauerkraut rested on top of a case of champagne. It was la- belled “From an ardent admirer.” Capt. von Papen had prepared a | written statement for publication. He) refused to say anything in addition to the sentiments expressed in the | statement, which read as follows: | “In leaving this country, where T have recelved #0 many proofs of kind- ness and hospitality from Americans! and others, I feel it my duty to thank all those who did not permit friendly personal feelings to be pol-| soned by the hatred created by the war among the nations. “My thoughts turn back to-day ompecially to the unforgettable days which I had the honor and good for- tune to spend with the headquarters jot the expeditionary force at Vera Crus, where I learned to admire the (Continued on Second Page.) > —-- H WILSONS ON ROUGH RIDE BY AUTO IN MOUNTAINS lcve Through Streams With Water Up to Wheel Hubs—Cause | Stir in West Virginia, | | | | HOT SPRINGS, Va, Dec. | | President and Mrs, Wilson to | tored over to White Sulphur Springs, iW. Va, Tho ride is abot f The was their | 2.—~The | y mo- luncheon, miles, ty-five drive lay ove tortuous ro: atreams, Few of those caused public Junchean, re ¥ appeared he of the hotel for ann som ame he | means by BLUNTLY RENEWS ANCONA DEMANDS DISAVOW AND PUNISH U-BOAT CAPTAIN ——-+ > — VIENNA'S PLEA REJECTED; U.S, CLOSES DISCUSSION OF SINKING OF THE LINER Admissions of Austro-Hungarian Ad- miralty That Ancona Was Tor- pedoed With Passengers on Board Establishes Responsibility. SINKING OF THE STEAMER AGAIN CALLED LAWLESS LONDON, Dec. 22.—A Vienna telegram, forwarded from Amster- dam by Reuter’s correspondent, says that delivery to the Austrian Foreign Ministry of the second Ancona note from the United States is announced by the Neue Freie Presse. WASHINGTON, Dec, 22.—The reply of the United States to Kaw. tria’s note on the destruction of the Italian liner Ancona declares that the official admission of the Austrian Admiralty that the liner was torpedoed after she had stopped and while passengers still were on board, alone ts sufficient for the American demand for disavowal, reparation and punish- ment of the submarine commander, Secretary Lansing’s second note, already in the hands of the Aus trian Foreign Minister, and made public here to-day, renews the demands of the United States, and says the details to which Austria referred in her reply to the first American communication are in no way essential to the discussion, It emphasizes that continuance of good relations between. the two countries depends upon the action of the Austrian Government, —————— SHE ASKS RECEIVER FOR THREE-MILLION CONCERN Despite Its Resources, Mrs. Taomp- son Says Realty Corporation Can't Pay Its Taxes. A mult in equity filed this afternoon in the United Stats District Court by Lillie 8, Thompson of Stamford, Conn., asked for the appointment of receiver for the corporation of the New York Realty Owners, Mrs, |'Phompson avers that she ts the owner jof seven bonds in the corporation. She says that in the statement of the company, filed on Jan. 1, this year, {t Was sot forth that ita resources were $5,804,718,00, ita Labilities $1,257,561.24 and capital account obligations $1,778, 860.81 It ‘was further stated that $28,- 690.56 Was reserved for apportion- ment ob income bonds up to Jan. 15. The company, It ts claimed, has no to meet its pressing debts; that it payment of interest in excess of $24, Jou), that preferential payments ha: been made to other creditors, wh taxes and assessments to the amount of $60,000 on sume of the company's pr iu unpaid > PUT BAN ON KISSING IN CAMDEN EPIDEMIC CAMDEN, N. J., De ~Grippe and pneumonia have claimed fifty lives in two days here. The Health Department estimates there are 8,000 the ty It n elighty cases now in alls rread to Oftive ictim, ha ny ted, to go to da ban on wy | one, ook ago atart-| veairbs are af. ugswood reperting. lity —— + ead atied, fected, © canes. has defaulted in the} ‘The full text of the note, which te addressed to American Ambassador Penfield, is as followa: “The Government of the United Staten has received the note of Your Excellency relative to the sinking ot the Ancona, which was delivered at Vienna on Deo, 15, 1915, and trans- mitted to Washington, and has given the note immodiate and careful oen- sideration, ‘On Nov. 15, 1915, Baron Zwiedinek, the Charge d’Affaires of the Imperial and Royal Government at Washing- ton, transmitted to the Department of State a report of the Austro-Ad- miralty with regard to the sinking of the steamship Ancona, in which it was admitted that the vessel was torpedoed after her engines had been stopped and when passengers were sti on board, “This admission alone is, in the vi of the Government of the United States, sufficient to fix upon the commander of the sub- marine which fired the torpede the responsibility for having wil- fully violated the recognized law of nations and entirely disre- garded those humane principles which every belligerent should observe in the conduct of war at nea. “In view of these admitted cir- matances, Government of the United States feels Justified in hold- ing that the details of the sinking of the Ancona, the weight and charac- ter of the additional testimony eor- | Toborating the Admiralty’s report and the number of Americans killed or injured are in no way essential mat~ ters of discussion, “The culpability of the com- mander is in any case established, and the undisputed fact is that citizens of the United States were killed, injured or put in jeopardy by his lawless act. ne rules of international law ane the principles of humanity which wer thus wilfully violated by the commen, dev of the submarnne have been sc long and so universally recognized and are 0 manifest from the standpoing of right and justice that the Government of the United States does not tee called upon to debate them and does not understand that the Imperial an¢é