The evening world. Newspaper, February 25, 1916, Page 4

t THER BVENANG WUD, FmLVAL, LwwmvUans 40, LYL0, ‘ 5 sexes Sneinainkcoe St Rb BA LAs LS SSAA EARS SRR Tis RN ca EAST : we FEAST INDEPENDENT JUDGE, Jere ts renting me bin providing for | and trying out mechanical loading de- of, he #158,800 in testing mechanton! Guprere coors Sustice Athos 8.{Breme Court Suaticen in the Ninth Sudl-| City Will Act if Charges of Pratt “Last your we fot 14,000 emergency |g QUrNS tad net peu, Wad the Miedpbind Wan the guest of the Rock. | et. nemocrate and Pronres | Are Proved, Declares Mayor Mitchel |gnow cleaners with ease.” sald the! he/main business thoroughfares, With: At & banquét In Nyack. The banquet was! Young and Justice Tompkins made ad- Ns cecctieennie tnt snow into sewers which will be flashed recognition of the Justice's independ- “The city government is following and will continue to follow close- ly the evidence,” said Mayor Mitchel to-day of the latest developments of the Thompson Cominittee investigation, “and if proof is brought out be- fore the committee of improper charges to the construction account, or other acts which militate against the city’s interests, we will take what- dreaser. | ——————— WITH COURT'S AD ——— | prosperity i# the cause, There is a to carry It off by direct connection shortage of mon and of carts as well.! with water main Because of this it costs the city °8| The $150,000 request was referred * ’ — ‘ Jeents a cubic yard for snow removal| Comptroller Prendergast | this year, as against 12 cents ¢ year|¢ voted to direct underground connec- tion between water mains and sewers induce the motor truck men to bid for snow removal we will spend $26,000 Cheep substitutes cost YOU same’ price ' ago, Last year 3,000 trucks responded fl (Continued from First Page.) |] ¢vet action is open to us. ait pd a kotha, OR a the! ts the call of the Street Cleaning |. Bsn tll as Admaneed stl) a HHH SEEN: “I say this without having formed any conclusion upon the evidence | Passing of the horse, Mayor Mitchel | Gomminsioner. This year there were | A PH Ee @) i Ce preven tay Cnreviow, SU: Pad ew submitted, because that evidence is not complete, and I personally have | told the Board of Estimate to-day, are| put 2,000. ASK FOR and GET i L e } auhea So. a = not been able to follow it very closely. At the proper time, however, | Tesponsible for great increases in the} “This is because horse-drawn vehl- HOR ICK'S | Ill’ "© have So leer the eub-|] Wo will take the proper action. We are not going to rush into action | Cost of snow removal. He was dis-| cies are disappearing. Auto truck L | Illl'seae8 peotigd Site Seeremet: a\| while the evidence is still being taken, Until that testimony is com- | CUS#ne & request of Stroet Cleaning) ownors don't tind it profitable to en- THE ORIGINAL | est 4 Ject," replied Mr. Marshall. He added eo ee me We 5 ’ Commissioner Fetherston for’ $150,000| gage tn snow carting because of the | > i that the general object of the Ad- plete it would be improper for 1s to act. extra snow appropriation tobe de-|tima lost in louding. [nan attempt to | ||| miral, the Ryan and the Hopper suits | | was to determine ones and for all Arranged for To-Morrow (Saturday) j||'whetber or not the duet contracts wituation was the other way: \struetion are paid for in the same EXCEPTIONAL SALE OF wore constitutional. FOUGHT THE CASE TO THE HIGHEST COURT. “If they were constitutional,” said Mr. Marshall, “the work of building i. way up to and through the Court of i Specially Purchased and Priced |Appeals, and declared that he had for This Sale at brought in all cases that had any bearing on the matter. He submitted & brief of ninety pages, “I was never more certain of the the cities of this State from the establishment of a precedent which might do them great harm.” “Did not the opinion of Judge His- cock convince you?” asked Mr. Moss. “No,” replied Mr. Marshall. “Ihave the greatest respect for Judge His- »referential profits’ are all to go to! the operating companies. Don't you! think Judge Hiscock was obtuse in not seeing that?” “No,” replied Mr. Marshall not say that. I have not h “T cans | »pinton | He read many, many words from his | brief, though ‘Senator Thompson in| pained tones asked, "Oh, can't this be | put in the record somehow?” | “In answering a question,” replied Mr, Marshall, and read on and on. Mr. Moss gave as an illustration | thousands of people drowned. Vnder| the dual contract the City of New York will have to pay for ail that'’—— | “Oh,” exclaimed Mr, Marshall, “you are saying that if you had presented the argument to the Court of Appeals you would have emphasized this point more than I did.” way. It js a one-sided contract, in which the City of New York gets the worst of it ho matter what ee “But what will the people for rapid transit if the present dual con- tracts should be declared vold for could find a way to carry on the work of building and operating the new lines. “The Court of Appeals may decide it has been imposed upon in the Ad- miral Realty Company's action and the other taxpayers’ suits to prevent spired them. Only the other day, the Court of Appeals affirmed the judgment of the Appelate Division suspending a lawyer from practise for one year because of the ‘submis- sion of a case before the court, the parties to which were not actually hostile to each other and Mr. H—— Of Callot Checks, Wool Velour Checks, Men's Wear Serge, Gabardine, Wool or Silk Jersey Cloth, *‘Poiret” Twill and Gros de Londre, Taffeta or Faille Silk; 14 to 20 years. before me. Such Incidents us you re-| fraud and collusion?” was asked, ‘ . . |||, the Rew subways could go on. If not iron to are what might be called the| "If the Court of Appeals sees fit to } constitutional some new way of doing | ‘chicken feed’ of the situation.” void the contracts it has great equity ps e 1g ass pring Ul Ss lthe work must be found.” Mr. Moss kept repeating the quere| powers to.» ve tho, situation,” Mr. | i Mr. ar-|Moss replied, “ clare the oun- Mr, Marshall told how hard he had|tion in other forms and | m1 pg ory shall kept on talking eloquently and | tracts void would not necessarily Vv 3 | worked in fighting the case all tho | Shall Kept on tout something elue.|stop the work for lone, ‘The court Fifth Avenue, 37th and 38th Streets Misses’ and Girls’ Spring Fashions Reproductions of Every Suit soundness of the ground J tuok,” said | the flooding of the subway this morn-| the making of the dual contracts, M se: ’ T imported etyles— . in thie lot Mr. Marshall. “a would vitber have | 96 Even though it has not yet appeared Misses’ Tailored Suits Ss ailored Suits i} wal t bet . : “Suppose,” he continued, “the tube|ciearly there was actual collusion in ' ; ; Pervuiat correct models an eotua @ large sum of money than 1086 | sould be broken ao that the subways | these suits, we have Delancey Nicol’s Copies of Paris Models and Our Own Originations i for Spring. $25 valae. the case, I thought I was protecting | would be flooded and hundreds or| admission that the Interborough in- 24.50 to 145.00 Abraham Hershfield of Hays, Hersh- | knew it” SPECIAL FOR SATURDAY | poorer I still believe T waa right.) noid & Wolf, attorneys for the | “The Court of Appeals may eet ——— and there were a higher court to| Fleischmann Realty Company, wi aside the dual contracts on the Fy , FY Coat Fy ’ Ss Reet appeal to in the matter'I would go|brought u suit to restrain the City| ground of collusion in the Admiral Misses’ Tailored Suits Misses’ Dressy Silk Suits i | Tailored, Demi-Tailored ” + end Sport Models Sale Starts Promptly Saturday, 9 A.M. ‘ Al 64ST & SAVED Period in Cir. $ cassian Walnut, } With medallions and grooved lines, consisting of «Dresser with French plate mirror, Chiffonier, Dress- kee Zable with triplicate mirror, Bed is full size. illustrated (OM OOMS (OOMS Cc tely | Furnished, We Pay Freight and Railroad Fare. PAID TRE HOH DE CD ri ay ___ ADVERTISEMENT. A WELCO TO AMBASSADOR MORGENTHAU Under the auspices of the Mayor’s Committee, the citizens of New York will participate in a greeting to Ambassador Morgenthau, just re- turned from Constantinople on leave of absence, at the Great Hall of the College of the City of New York, 139th St. and St} Nicholas Ter- face, on Saturday afternoon, Feb, 26, at 3 o'clock, will preside, and brief addresses will be made by the Hon, John Purroy || 1s ea OAR Whee wae there Queen Anne American *Burl Walnut $275 gray; brown or gray mixtures and heather colorings; also navy serge. Mitchel, Mayor of the city; Bishop Greer, Hon, Oscar S, Straus, Rabbi || would drive home to the mind and 10 pieces, Buffet 66 in. long. .... Wise, Dr, John H. Finley, President Sidney E. Mezes and: Ambassador Morgenthau. The Columbia College Glee Club will sing, and Prof. Samuel A. Baldwin will preside at the great organ The public is cordiaily invited Entrance at Gate 138th Street and Convent Aven Rainy ‘ry panes i ams 1a Serer lp TH obs snepied So ance at Ga | eet and Convent Avenue. opinion?” y TH ' RK. FULTON CUTTING, | would not say that.” sa) S. E. Cor. 15 ' ST.8 6 HA Made of durable velour calfskin on orthopedic last, welted soles and Chairman Committee of Arrangements. atronaiy of eis Ferien tate teins = low heels. Sizes 1 to 6. Widths B to E. Special 2.95 nena ity,’ said Mr ‘Yoo, ‘Really, the} ut up there in the belief that it would agrees with mo that the Court of Appeals was wrong. “The Admiral action was brought in good faith to test the conatitution- ality of the contracts as quickly as possible,” said Mr. Marshall. “Mr. Coleman declared that if any ma- terial facts were not brought forward by the plaintiff he would suggest them himself in order that tho ques- tion might be definitely settled. Mr. Shearn, counsel in the Hopper suit, to the matter of @ referendum, whirh I had not tnctuded in my case.” Mr. Marshall's shoulder that he still did not recall the conversations men- tioned by Mr. Marshall, though he would not think of contradicting him. He usually had kept memoranda of important conferences and he had none of these. “You regard this Admiral Realty case as Important, do you not?” asked Senajor Thompson. ‘No, not especial- ly,” replied Mr. Coleman. “What was important was the manner in which It went th “But most important case you ever had anything to do with?" rough.” ex wasn't thie the biggest and from entering into the dual subway contracts, testified this afternoon be- | fore the Thompson Comunittee. Q. Do you remember who employed you? A. Mr, Nicoll, Q. Who was the plaintiff? A. ‘I Fleischmann Realty Company, clients of ours. Q. Who paid you? member, Mr. Hershfield said that Mr, Nicoll got him to bring the Admiral Realty Company action to prevent the dual subway contracts. “Who pald for your services?” A. T don't re- Q. Was there any entry in their directors’ minutes authorizing the suit? A. I'm not in their seore Isadore H, Kraemer and Jacob Wolf of No, 68 William Street. George 8, Colemi chief counsel for the Public Service Commission, testified that the commission had r ceived $1 from the Third Avenue Ra road Company, the amount of a Jud ment in penatty for having built a loop at Fort George without permis- D. tar in alt: commission has ever collected! that you would go to-day, at once, to the Chairman of the Pub- lic Service Commission and tell him you have no recollection of these im- portant conferences in which this case was discussed, concerning Which witnesses here have testified here un- der oath.” “I will,” replied Mr, Coleman, bow- ing and looking embarrassed, ator Thompson asked Counsel J. Thompson what it was that he want- ed him (Coleman) to tell the Chair- man of the Public Service Commis- sion “You'd better get the stenographer to read it to you,” said the Senator, hurrying away. | The stenographer read to Mr. Coleman Senator Thomp- son's direction to tell the Chatrman that he couldn't remember convarsa- tions with Louis Marshall and othors Realty suit,” said Senator Thompson. “or It may find the dual contracts were founded in fraud and votd them, or it may insist upon knowing what the ‘commitments and obitgations’ mentioned by President Shonts ready were, and find them reason for void- ing the contract. To whom were the commitments made and for what? It is @ serious question.” Lemuel Ely Quigg, who in a letter called Senator George F. Thompson a “conscious blackguard,” has been subpoenaed to testify to-day before the Thompson legislative investigat- lespie,” said Mr, Moss, “and any other activities he may have been con- nected with, pertinent to the commit- visit to Albany yesterday. (Established 30 Years) ‘Real Comfort ALEXANDER’S wertpies te face 263.W. 34th St. 54. 125th St. near 6th Ave. near Lacoadad AW * Sauce is as pure and tasty as we can make it. Of Imported Gabardine in navy blue or checked worsted; plaited belted model coat, , silk lined; new model cir- cular flare skirt, shirred with detachable belt. 14 to 20 years. wy wear serge, in black, navy blue black and white checks; tire front trimmed with bone buttons =~ or crepe meteor or Georgette crepe in old blue, rose, sand, gray, navy or black; sleeves of Georgette erepe or self material. 14 to 20 years. New plaitéd flare and belted models of taffeta, Gros de Londre or Faille silk; flare capes or shaw! collars, coat plain or novelty silk lined, new model plaited or cir- cular flare skirt 14 to 20 years. with flare back, Misses’ and Girls’ Spring Coats “Mr. Nicoll.” |ing committee. Mi yey Model” Coat. Girls’ Spring Coats Coleman told me later that he had a ‘ isses lenny e Ss ris’ Sprin ats declared that this| ‘Mr, Quigg will got a chance to ex- . . | called the attention of Clarence J. abs bee te tony aa ait pain about that $2,600 check from Gil- High belted flare model of men’s eeveaciginn tough box coat of navy blue men’s wear serge or black and white check worsted, full box model with half belt, patch pockets, deep en- Mr. Moss read tho list of the first | tee’s inquiry.” and piped buttonholes; silk lined. collar, with over-collar of Faille silk. Wi| Chief Counsel Coleman of the Pub-| directors of the Admiral Realty Com-| Senator Thompson ts confident to- 14 to 20 years. Special 29.50 8 to 16 years, Special 12.75 lic Service Commission stood up be-| pany. They were James D. Weill,|day the committee will be given an \ side the witness chair and said over| {isaac Wolf, Morris S. Hochstadter, |extension of time as a result of his Misses’ Afternoon and Evening Dresses Exclusive Spring Models—Sizes 14 to 20 Years Of Taffeta, Georgette Crepe, Silk Merveilleux, Radium Silk, Check, Plaid and Novelty Silks; also Nets or Laces. 18.50 to 98.50 SPECIAL FOR SATURDAY J ied Mr. EY EXAMINED BY REGISTERED = : ss - int A genta aceaaileah foie the commitiee adjourned for | HALISTS WITHOUT CHANGE. PERFECT Misses’ Silk Afternoon Gowns Misses’ Silk Afternoon Gowns said Senator ‘Thompson | luncheon Mr, Coleman asked Senator |FIFTING GLASSES AS gkq CYC) Spring Models of tatteta silk, Exclusive Spring Models of Geor- gette crepe, taffeta silk, crepe meteor, plaids, checks, stripes and novelty silks in the new i ata colors. 14 to 20 years. Special 18.50 Girls’ and Junior Spring Dresses Frank Smith to have a transcript of |interested in the Admiral Realty i . fy PY the testimony ‘affecting this question | Company Increasing thousands like it 5 delivered to the Chairman of thePub-| The dual contracts under which || —judging by the sales. New and Exclusive Models—6 to 16 Years Me Service Commission. Mr. Marshall said he had no talk with Mr. Nicoll or any one else con- nected with the Interborough regard- ing the Admiral Roaity case, GOT PAID THROUGH OTHER LAWYERS. Q. Did you know that Hays, Hershfield & Wolf sent a bill to the Interborough Company for your ser- vices in this case as well as their own? A. I did not. J knew that our Q Did Hays, Hershfield & Wolf tell you who the real client was in thi case? A. The matter was not di cussed. I was interested in the con- stitutional question involved. I felt that I was doing @ public service, I have carried other cases oven as far as the United States Supreme Court 48 @ matter of duty. There was the case of Frank——— “Oh, 1 know,” interrupted Senator . “but when you were called sure you would be paid for your work the clause in the dual contracts pro- viding that payment for @hall be taken out of receipts before the city could get any profits had attracted his attention in conducting the Admiral Realty case, He did not eeem to think much of it Q. Did you argue that if there were any accidents to passengers in operating the new subway the ex- pense of settlement would have to be paid as “operating expenses” before the city could get any profits? A. 1 @hink that would be negligible in view of the importance of other ele- ments in the contracts, I remember | arguing that the position of the com- panies toward the city in these con- tracts was “Heads I win: tails you lose.” I have argued all these points. | But T think the cost of accidents ts small compared with the millions of conscience of the court the fact that if the Interborough by its negligence killed a man the City of New York would have to pay for it? “I don't attach so much importance to that as you do," replied Mr. Mar- down from the Adirondacks you were | New York City is building the new subways may be attacked not only on the ground of unconstitutionality, but of fraud, in the opinion of Frank Moss, counsel to the Thompson In- vestigating Committee. As one in- stance of bad faith, cited to-day the loading of the cost of accidents, whether in building the new subways or in operating them after they are built, upon the preferential which must be paid before the city gets one cent of profit, ential and is charged to construction cost. All other accidents during con- Is fine for Soups, Roasts, arranged i would pay @ perfect wa WO ENTIRE FLOORS with suites The price~—considerably less than you *NOTH—Burl is the most in rooms. in uptown shops. beautiful part of Inut tree Eleven new and exclusive English models of Boys’ Norfolk Suits with extra Knickerbockerg of Scotch Tweed, Homespun, Cassimere, Cheviot or Worsted, also Na Exceptionally well tailored, new model Norfolk Coa throughout, insuripg longer and more satisfactory wear. 7 to 18 years. School, Party, Dancing, Afternoon and Morning Frocks of Taffeta, Crepe Meteor, Silk Chiffon, Georgette Crepe, Nets, Laces, Washable Chambray, Linen made on orthopedic last with welted soles and heels. Sizes 11 to 2. Widths B to E. Special 2.95 or Gingham, in plain colors, plaids, checks and stripes. At Moderate Prices Girls’ Shoes Misses’ Shoes | office got our pay through Hays,| “Within a few weeks after thi | ba her aOR eee fee Hersfeld & Wolf, Soventh Avenue cave-in sottiements || Salads and Gravies. | Buttoned or laced With low heels ow Through Shem~trom Whom? 4; sronating: to $400,000 were nade with | At Grocers and Hr eeerEr errr yom Pngeare we fanaa: dead mean from Hays, Hershfield | in people,” said Mr, Moss. “All ssia leather, ) e & Wolf. that money came out of the prefer- Of selected tan or Black Heals leather Gr eslecied an os Diagh Rus yer made on smart last, welted soles and heel: Special 3.95 Boys' Apparel Shop in tale case, weren't your, | G You can judge exactly how they Boys’ Clothing Boys’ Furnishings Boys’ Hats ; Mr," Moss asked Mr. Marshall it! would appear in YOUR own home. Now Showing New Spring Clothing, Furnishings and Hats for Boys and Youths—Fifth Floor. Boys’ Spring Norfolk Suits 8.75 to 18.50 Boys’ Spring Top Coats 2 to 10 Years 7.50 to 12.50 Boys’ Laced Shoes 10 to 18 Years 12.75 to 15.75 Speciat 39.50 Special 29.50 laced orbuttoned. Sizes2}4t0714, WidthsAAtoD, vy Blue Ser; knickerbockers are lined mm