The evening world. Newspaper, December 23, 1915, Page 4

REFEREE NGOL'S REPORT “ONTHE EDISON FRENCHSE NAB AE OTE People Win One Point in ‘a Tardy Decision, Maybe, and Lose the Others. NO FORFEIT DECLARED. But Way Is Pointed Out for More Litigation for Which People Must Pay. After five years of Litigation, full of Resinol Soap a Real Baby Soap Resinol Soap is absolutely free from char harsh, injurious ope Present in soape—even in some same soothing, snins that have made’ Res #0 #uc- cessful in the treatment of skin affections. ‘That is why Resinol Soap is the safest SRG rome oh it doiremag al intressit Fashes and chafings of babyhood. De- lightful for your bath and tollet, too. Resinol Soap is sold by all druggists and dealers 4 toilet goods.—Advt. dam Electric Heat and Power Com- pany to operate in tho old Thirtieth ‘Ward of Brooklyn. The referee's opinion gives a partial victory to the city by bowling out the right of the Edison Company of Brooklyn to control and operate the franchise, but at the same timo de- clares that the grant itself still exists and legally belongs to the Amsterdam Company, As the Edison Company owns all the stock and all the bonds of the Amsterdam Company, even the city’s partial vietory becomes some- thing of a joke. In @ longthy discussion of the case Referee Nicol! decides against the city on nearly all of ite contentions in- volving questions of validity of the franchise in the early years of its existence, There is left open, how- ever, the way for future litigation on these points and the case undoubtedly will be carried up to higher ¢ourts for final determination. ITS THE OLD AMSTERDAM COM- PANY'S FRANCHIGE. ‘The city had charged that the origi- nal possessor of the franchise, the led | State Hleotric Light and Power Com- pany, had not Somplied with terms and conditions laid down 4@ to con- struction and operation. It was also contended that the Amsterdam Com- pany, which succeeded the State Com- pany, bas also failed in many require- ments On these points, the referee ways: “The State Company did, within the meaning of the statute, undertake the discharge of its corporate duties, As far as possible the company intended to enter upon the work for which it was incorporated. “It appears that neither the Btate Company hor its assign, the Amster- dam Company, complicd fully and lit- erally with the provisions of the sev- enth clause of the franchise resolution relating to the construction of con- duits, 1 think, however, that the Am- sterdam Company did make @ sub- stantial effort to comply with these provisions; that its performance was eowpted by oMlclals of the City of Brovklyn and that the action thus taken es:ops the present defendants from contending that the franchise “ute objected that the plaintifts te failed to show that the Amater- No, lle finished habutai. A black moire ALTERATIONS Xmas Sale “of Practical Gifts ea BLOUSES—Useful Gifts xem Model No.1 The smart three-pointed choker collar is the new note in the Tailleur model, designed in satin- The high collar is encirci silk stock (see picture), but this can and the collar worn low tf pre- Fulton, Cor. Bridge St. 1329-31 Broadway 4810-4812 Fifth Ave. Serred. Hemstitched and but- $1 97 THE EVENING WORLD, THURSDAY, DECEMBER 23, 1915. i wise acquired one mile of conduit In eaoh of the four years subsequent to July 1, 1896, as required. That és true. Forfeitures are not favored especially in a court of equity, and I do not think one ought to be declared by | reason of the cireumstance now un- der consideration, The fatiure to con- struct the lines aymmetrically, one mile each year, Was at most an irreg- ularity which the city authorities might waive, “For these reasons I coneinde that the franchise was not lost through the manner tn which the Amsterdam Company attempted to comply with the provisions of the seventh clause of the resolution.” ONE HOPEFUL NOTE SOUNDED IN THE REPORT. While thus sustaining and sxistonce of the franc! gession of the American Company, | Bi Referee Nicoll turns seversly upon the on paper, this adverse part of the Geciston makes Httle or no difference in the final result. Mr, Nicoll treate thie part of the case ax follows: “The defendants also attack the standing of the Edison Company as a pafty plaintiff, The Edison Company owns all the bonds and « lange ma- jority of the stock (all now) of the Amsterdam Company. No merger, however, was ever ¢! Ddetween the two’ companies and the Bdtreon Company has not the legal title to the franchise in question. That fran- chise is owned by the Amsterdam Company, and no other person or corporation whatsoever has any legal title to or interest tn it. “Did the Amsterdam Company lose its right to protect this valuable prop- erty when it abandoned its plant and ceased to do business? Will a court of equity refuse to interpose in behalf of such a company? The argument Is plausible but in my opinion it will not stand the test of analysis. “The conclusion at which I bave ar- rived is that the complaint should be disminsed as to the plaintiff Edison Company and that the plaintiff Am- sterdam Company ia entitled to an in- junction restraining the defendants from passing any resolution purport- ing to revoke the resolution of Deo. 20, 1895, or to forfeit or terminate the rights of said plaintiff thereunder.’ This franchise case, which long lay dormant, was galvanized into life during the past month by the inv tigations of tne Thompson legislat! committee concerning the Public Bor- vice Commission, and quickly burst Ike a charge of shrapnel. Some of its amazing results have been: Edward B, MoCall, Chairman of the Public Service Commission, removed from office by the Gov- etnor, His holding of lighting company” stock, held in the name of a dum- my, brought to Nght through a court record tn the case. Public Service Commission ap- proval of Edison Company's de- mands for authority to buy fn all outstanding Amsterdam Com- pany’s stock while the litirstion was pending. Many complaints and vigorous fighting over lighting rates in Brooklyn. Controversy over removal from office of William P. Burr, Assist- At Subway Station ‘Near Gates Ave, Bet. 48th and 40th Sts, with a removed ant Corporation Counsel and the city’s chief franchise fighter. DISPUTE OVER A POLE STARTED THE LONG FIGHT. All this warfare, with its many vio- tims, started when the Edison Com- pany attempted to plant an electric light pole in front of the house of John J. Gordon, who objected to it. He started a fight that led eventually to the city lookin, the compan: found that the Common Council of Brooklyn in 1495 had granted @ fran- to @ corporation named the State Hlectric Light and Power Com- pany, which soon was bought up by the Amsterdam Company. the Edison Company absorbed the validity | Amaterdam Company and sought to in pos- | MOnopolize all the electric lighting of ue June 28, 1910, the Board of Es- Pat G sany and denounces it as timate ordered the wires and poles of having no mending tn the case, Ae! the company taken down and the the Edison Company owns all the | company stock and bonds of the Asmaterdssn | tn tunoes Rage coed be bed courts for ‘0 yhich now exists merely junction, which is the case now Company, which no | fecided by chise cease operation, The The matter came up before Edward E. McCall, then Justice of the Su- preme Court, in December, 1911. Af- ter several postpdnements, Justice McCall declined to hear the case on revealed it, ranchise, It was In 1899 the ground that he was disqualified. Not until a few weeks ago, when the Thompson logisiative committee was it discovered that the disqualification was because Me- Call owned 87 shares of Kings Coun- ty Light, Heat and Power Company stock, concenied in the name of his court attendant, John J. Mackin. It was the ownership of this stock that caused oe a the Chair- manship of the Public Service Com- into the validity of| Tission. ‘This company was a part of the Brooklyn lighting combine to which both Edison and Amsterdam Companies belong. | The case was then sent to Mr. Nicoll as referee on June 7, 1912, For three and ono-half years It remained in his charge and not until yesterday was decision finally rendered. —————»—_—_ Tark Sentenced to Workhouse, Nicoll, be furnished, now in effect. (Third Floor) Muffs Model No 2. Exceptional lace blouse combined with crepe georgette, cream tinted, over chiffon foundation, and back of blouse, while pussy willow taffela makes the inner vestee, which is fastened with decorative buttons. Long sleeves with deep cuffs of lace add to this smart style........ $2.97 wide panels of the lace adorn the front ¢ The above waists illustrated are selected at random from thousands and thou- sands of models that we have specially purchased for this Christmas sale, at prices ranging from $1.00 to $25.00. Packed in Hand-Painted Holly Boxes, Fur Maffs and Neckpieces The New Barrel Muffs and Latest Fashions in Neckpieces Neckpieces $15.00........... Value $22.50......... Sitka Fox .........Value §22.50...........$1.90 18.50......... R@CCOOM ..........Value 12.00.. 18.50...... Hudson Seal....... Value 13.50.. renee Black Fox........ Value 18.00.......00+5 10.0 White Iceland Fox vat. 35.00......... Beaver.......... Value 4 55.00.......... Ermine . Value oie 22.50..... Fitch Skunk...... /alue ‘4 PEI) es saison Red Fox........ Value ‘ 65.00........ Cross Fox........ Value ; Russian Pony Coats Hudson Seal Coats * tt Loose Model, Guaranteed Full Ripple Coat, Conirast- by hy parity ahd od che bed oe Out a in, an in. lenglh, uaranteed Broca ; 1a Regularly $57.50 $37.50 Regularly $115.00 $75.00 French Seal Coats Persian Lamb Coats ¢ Ripple Model, Chin Collar, 40 and 48 inch length. Fine selected skins. Regularly $72.50 New Flare Model of Well- Matched Persian Lamb Skins. $49.50 Leipic Regularly $139.50 Three Brooklyn Stores, Open Eventggs Until Xmas; Dyed. $89.50 soft velvet, are in the regular stock . . . GB. Altman & Co. Afternoon and Evening Gowns at the reduced prices of $18.50 & 22.50 constitute an offering of remarkable interest Department for Women’s Dresses GB. Altman & Cn. Men’s Balta House Slippers represent the acme of desirability for the man's comfort wear. Made of all the wanted materials, they are shown in an assortment that will provide an inspiration for a sensible, practical gift. WASHINGTON, Dec. 28.—Harry Nevian, a Turk, arrested on com-_ plaint of A. Hussein Bey, the Turk- ish Charge d'Affaires, was sentenced to-day to serve six months in the workhouse, or give bond to keep the peace for having sent the Charge a threatening letter last month, It was thought unlikely that a bond would Last Days of Christmas Jewelry. Exhibit Bright and Varied as the First at Lamberts Last days for buying Christmas Jewelry at Lamberts—and only two days at that—are made as pleasant and as satisfactory for everybody as they can be made by— 1—Complete, varied, fashionably designed Diamond and Solid Gold Jewelry, Diamond, Platinum and Solid Gold Rings, including many beautiful patterns for children; by watches of the most accurate mechanism suitably cased in Solid 14 karat Gold, Gold-filled and Sterling Silver Cases; Silverware, Sterling and Plated, guaranteed hall and mantel Clocks, and Opera Glasses in all mountings. 2—Economical management of a store and factory in a part of the city where rents are low; direct importation of Diamonds and other precious stones; manufacturers of a large part of what we sell so that our prices are always the lowest; plain markings of all prices and no markings down, Lambert prices are all right in the first place. 3—An efficient store organization; plenty of experienced people to take care of customers, to give them advice and suggestions if they desire. But this advice is never urged upon anybody, All visitors, we hope, are perfectly at home in our store. “ We shall be open every evening this week until and including Christmas Eve. Many a Girl’s Christmas Is Made Merry by a Lambert Solitaire Diamond Engagement Ring It will be worthy of a great occasion. Lamberts 14-karat and 18-karat gold and in platinum. Real Diamond Values, actual economy, whether the price is $10.00 or any sum up to $1,500.00. No inferior Diamonds ever find their way to the Lambert store. No Middleman’s Profit in Diamond Prices MEN’S CAVALIER SLIPPERS of tan or red kid, lined throughout with at $5.00 Youths’ and Boys’ Shoes are shown in the regular stock in all the approved leathers for dress and general wear; also Storm Shoes that are weather-proof and comfortable. (Department, First Floor) th and 35th Streets Fifth Avenue-Madteon Avetuee, New York OPEN EVENINGS UNTIL XMAS 8-Plece A Period lan Wainut, with French Plate 9 Desk 79 Saiz INLAID LINOLEUM... $-Plece Jacobean Libra a Imitation Leather Cush! ane ie Motor Truck Deliveries Everywhere AUMANN,BRO NoartnWast Connan Sicrn.Ave.& hogany, Sheraton Inlaid Ma. ho $16: SST. 6% Tt makes a big difference whether you buy > Fancy Diamond Rings for Christmas from @ middleman’s customer whose price of Pancy Diamond One of our new. . " f es course includes the middleman’s profit or - en beh elaborate design of Sri glceus from Lamberts who directly import Din- monds set in all-|Dictcod platinum |. at Sool monds and mount them in the beautiful ae yf eitect. Fine Dia- ie, vey of. styles here shown and in others as attrattive. border, $175. Rie gaek = nag $300. A Few of Many Christmas Lavallieres The plain necessary qualities of strength and durability are combined with fine art in our Diamond and Platinum Lavallieres whereof ee styles suitable for Christmas giving will be gladly shown to you. From $2.75, simple solid gold; with diamond, $9.50; Platinum and Diamond, $17.50 up. Solid 14 Wied wade of Dainty de- All platinum kearat Platinum = Laval- sign Laval- Gold La liere and Chain, liere of solid maak made Ee valliore set with 4 full cut valliere; grace- elk fine directly im Tecweree twit i setae ported diamonds, eld Orne eee "The diamonds are mented with scroll effect, rea rappiitre, ‘ surrounded by a real plati- ainsnittes sae iA oaaie platinum ring, uum, set pearis $200.00. spit ter (diamond and 16 th with 2 pearls e Aetah halt Similar designs and 1 full cut . oes pearls, with smaller dia- diamond, cut diamonds, $13.50. monds, $40.00 up, $20.00, $60.00. Bracelet Surprises Holiday stocks of solid gold bracelets at Lam- berts are full of delights and surprises. Not the least Sah, the surprises are the low free which are accounted for by our bringing the Bracelets direct from the factory. No middleman’s profit, you see. The illustrations can be had either in bangles (that do not open) or bracelets with lock and hinge at the following prices: No, 501 Solid 10-Karat Gold Half Engraved Bangle, $11.00 N ret ih eetae Gold Haif Engraved Bracelet, $13.50 0. ol ; No. 503 Solid 10-' ‘arat Gold Half Engraved Liem or 115.00 Solid 10-Karat Gold Half Engraved, Bracelet, $17,50 Other Bracelets, plain, half-engraved, full-engraved, etc., $7.50 up. Diamond Bracelets, $15.00 up. Do Not Be in Doubt As to what would be a nice Christmas gift for father, or brother or son, as we can easily 4 answer it by suggesting a is pair of Solid Gold Cuff . Links. Every man can use y more than one pair of cuff buttons. In solid gold they range in price from $2.00 ee Solid 14 karat a} shape solid 14-karat Gold Sleeve Links, Gat Buttons, solid 14+ Gold Cuff Buttons; bright can be had in Ro- : A ; Polished, | hand chyrovod man or bright fin- Katat gold, bright polished, UP; set with directly im- ler; per pair, $6.75. ish, per pair, $7.75. $9.50. ported diamonds, $10.00 up. Scarf Pins and Tie Clasps in Great Variety Extra heavy stiff ber Real ame- Solid 14 Botid 14 Engraved | Scarf Pins of thyst / arat ‘ BA curcly set old Tie border, | solid gold or plat in solid le Slasp, ps ‘ inum, bright with karat gol Searf Pin B plain are Di Searf Pin, set with 1 contre gold Tie Diamonds and engraved fine dia- and fancy Clasp, precious border, mond, border, stones are in large _ $5.00] $8.50 . $4.75 $5.00 | assortments at Lamberts, We have them in all designs in solid gold from $1.00 up; set with a diamond, $5.00 up; platinum and diamond, $12.50 up. Solid Gold Tie Clasp, $1.35 up; with diamond, $5.00 up. May we show you Solid Gold or Sterling Silver match boxes, cigarette holders, pencils, fountain pens, key rings, solid gold studs, collar buttons or vest buttons, all at low priges. Horgboerybed Specialists in Watches paved hukiing We keep a specialty shop and the mostaccurate vans Weick, vith of watches, like the world-famed Waltham, have long been among the most important of our spe- guaranteed Wal- e tee tham movement cialties. As they come to our factory, all watch $18.00; others, movements are taken apart and closely exam- $16.50 up; open ined by our own watchmakers. If they are all face, $15,00 up; e ¥ right and in absolutely perfect condition they are put in stock, and we know when we sell a watch that it will give satisfaction, as we realize that a watch is subject to sharper criticism than any other article we sell. Silver Wrist Watches, with leather strap and gold filled, $10 up; sterling sil- ver, $9.00 up, Men's solid 14 karat gold en- greved hunti wate Watch, wit silver buckle, $7.00 up; Silver Wrist Watch, with ‘aranteed Wal- silver extension Jinks, $10.50 up; Gold Filled Hae marenent Wrist Watch, with extension links, $12.75 up; solid 14 karat Gold Wrist Watch, with leather strap and gold buckle, $18.00 up; solid 14 karat Gold Wes Wated., with wold extern links, $20.00 up, ven until the last hour of Christ: ver, $9.00 up. Eve we shall have complete stocks in all nlnee: LAM BROTHERS Diamonds—Jewelry—Watches Third Avenue, Cor. 58th Street Store Open Every Evening to and Including Xmas Eve. $25.00 up; open face, $22.50 up; gold fillod $12 up; sterling sil- nama ae d |