This Afiernoon at 2 o'clockTHE

Fifth Ay. Art Galleries.36«. 333 Firth JLi\

(Near 34Ci St.).

JAMES P. SILO,Auctioneer

Will Sell By Order of

Messrs. Morgan &Seabury*Attorneys for th« Executors,

To-Day (THURSDAY), Friday «nd Baturd»Afternoons,

PROMPTLY AT 3 O'CLOCKTHE

Alan W. Wood Estate.removed from the late residency

40 Riverside Drive(Furnished at a cost of over *100,00<D*

AT UNRESERVED BAI.E,

CONSISTING OF

MAGNIFICENTFurniture

"Window Hangings. Portieres, Lace*, sup«%Rugs, Brlo-a-Brac Paintings. Marbles. Broase*ElliotChime Hall Clock, superb Lou! XVXAo-busson Salon Suit. Carved Circassian Wa^iutand Gilt Louis XVLBedroom Suit, together wttHa beautiful mah^^ar.y STETNTWAY GHAKI>PIANO, also an Upright Stelnway Piano, fin-ished InVernls-llartin.

Now on Exhibition.WANTED TO TOSS CENT FOR CONTRACT.

Ore Commissioner O'Brirn objected to a gam-blingpropoe:!o!i made in his office yesterday. Therios »'•>\u25a0 opened for supplying 809 tons of coal ii»Tt<- Bronx, aid it was fomid that there were only

two biddeni eaca of whim bid 1620 a ton. delivered.Tl* bic^-s vere Nicholas L.. Stokes and OUen J.

BtCSbens. As the contract has to be awarded to

lb« lowest ti<!lfT. the men v.. ... •••-\u25a0 oim ofthfm vould have to withdraw or t)i« contract*ould ha\>- to be readvfcrtteed.

Etok^ . riBtapbena could not ucr*f as to whichttstfd arltbdnv. po Stephens f-uggtsted the toss-Jf^of ;, . \u0084r.t, ihr man who called the turn to get'\u25a0\u25a0* contract. Stej.her.s was informed tliat wicn

B^odi K-era not in vopue in thfe orll< c of the 1• ire'o!r.n::>.-;., ;,r The dealers were told that tney

BWM Uke until this morninc to see if they couldr-otr-ot cense to bumo underytanding on the matter.

BETTER THAN PIE.1t,.1Hi. <....«) \lif»- .%» ««-ll

Artist's Wife Wants Husband Compelled to

Support Child in "Purer Atmosphere."Anthony Danton. son of Professor Ferdinand

Danton. of the chair of art In Forrtham CoQecfldwho. with hta brothers Socrates »nd Ffrdlnand.occupies a. studio in a stable at No. . »<> Oambrel-ing-ave.. The Uronx, vi.is In the Morrlaar.la pol!c»

court yeaterto* charged by his wife lit non-supnort of tholr three-j ear-old son.

The Dantona have been married five years, andhave two llvirt; children. The eldest ha» b«enadopted by Ounton's par«nt». and George, thr^ayears old. has J»«ui living with the father andiuiclps In thn *tviilir». Mr>». l>.«tit. »; has bf#n liv-tnK with a Mend at No. 803 \\>st 98th-»t.

M » Uunton told Magistrate Ktnn ...not vi!; Danton to support her. but wanted himooxs£*U«<S to support t&*lraoa ouUld* t&*itudlo.

CALLS STUDIO UNFIT FOR NTTRSERY

Whereas. The present owners of the 83th-Bt. ferryare reported as demanding an amount In excessof $1»«lCOO for their property, while experts de-clare the value of their property to ba less thanJlOd.OGO; and , _ .

Whereas Many protests have been received byIndividual aldermen from citizens of Brooklyn ob-jectlns to the purchase of these ferry propertiesof exorbltan figures:Resolved! 1

That the Board of Aldermen Instructami direct the Committee on Docks and Ferries to

hold a public hearing on this matter to enable thecitizens of this city to be heard, and to report theresult of such hearing at an early meeting of thisboard.

The resolution was referred to the Committee onDocks and Ferries. Controller MeU said yesterday

that he had never opposed the munldpallzatlon ofthe £>th-st. ferry. He said he was strongly op-posed to the purchase by the city of a franchisethat la obviously valueless. Ha added:

It is admitted that the ferry has teen run at aloss and therefor* Icannot

••• why the city

should pay for the franchise. If the ferry wasmature a profit there would be tome Justice Inasklrg a price for It. but as It stand* to-day Itwould i.*» a wuste of money to pay for the fran-chise, and the city won't pay for Itas loo* as IamController.

Resolution Before Aldermen—

Against Buying Franchise.Alderman Peters, of Brooklyn, voiced tha first

opposition of the Board of Aldermen to acquiring

the 23th-at. ferry property when ha Introduced ta*following resolution at the. board's meetlnx yester-

day:

Passenger Drops Dead—Other Rail-

road Accidents.Fort Scott. Kan.. Feb.

—St. Louis and San

Francisco passenger train No. 113. northbound,

was wrecked at Columbus, Kan., to-day. Thdexpress messenger and a newsboy "were burned todeath while trying to aid the Injured. An un-known passenger dropped dead. The engineer wasbadly hurt and. the fireman had a leg broken.

The train, which was known as the Jop!in-Okla-homa express, ran Into a Btrir.s of box cars thathad broken loose from a freight train, and runback down on to the main lin«. The train wascomposed of four cars, three of which, with, theengine, were burned.

Kansas City, Mo., Feb. 14.—

The fast mall train.So. 1. westbound, on taa Missouri Pacific Railway,

which left St. Louis at 3 a. m. to-day, was wreckedat the Gasconade bride*, twenty-seven miles eastof Jefferson City. Four members of the crew were*

hurt, but no one was killed. The train carriedno passengers.

At the time of the accident the tram was run-ning at the rate of forty miles an hour. Twohundred feet east of the bridge the engine jumpedthe track, and. with two mall cars, went Into aditch The cars caught fire and were quickly con-sumed. The other cars Jumped the track, butwere not badly damn itil-'li.'"".

On November 1. 1555, thirty people lost theirlives Inan accident at this same point.

St. Louis. Feb. 14.—

While coming Into St. Louisat forty miles an hour to-day two sleepers o^ a\u25a0Frisco train took a siding, tore loose from tl*»train and crashed Into a box car. Charles Lewis,a negro porter, was the only one badly Injured.

WANTS FERRY HEARING.

TWO KILLED IX WRECK.

which, she says. '» not a fit place for him. fli«\u25a0wanted her husband required to pay So a we**forthat purpose. The case was adjourned entii Mon-day to see If Professor and Mrs. Danton wouldtake the* child Ifycunr Danton was comp*C«d topay for Its support. Danton was paroled until thattime.

CRUSHED IX ELEVATOR.

Boy Killed at Mount Sinai Hospital—Porter Seriously Injured.

Nathan Server, an elevator boy at MountSteal Hospital. lOOth-st. and Madison-aye.. wasInstantly killed last night, and Hans Delias, %porter at the hospital, was badly injured, whtt*Server was "breaking In" Tale Kaplan, fifteenyears old. who was to take charge of the eleva-

tor. Kaplan was placed under arrest on a

technical charge of manslaughter, but was pa-roled in the custody of Dr. Goldwater. superin-

tendent of the hospital.

The police say that Kaplan was running the

elevator. The car was ascending from th»basement floor when Dal made Irunning

Jump to get Into it. \u25a0\u25a0 missed the car doorand Mlbeneath the car. Kaplan reversed th«

lever and the car descended, crushing: Dellus.causing him to shriek. Kaplan reversed th«

lever and Server, who was In the car. stuck hishead out of the- door to see what had become- ofDelliis. and an iron bar crushed his skull.—

»

COLBY MAN WINS IN BLOOMFIELO.Bloomtield. Feb. M (Special*.—Walter Ellor.a sup-

porter of State Senator Everett Colby, won out tothw ipMM election held in the Id District of th»3d Wan! tui nisht for member of the RepublicanCounty «"ommitte«' to sui-c^etl th© Wt<s John \Ved«n,who w>» a. supporter of I>enta. There were thr*«candclatfs In thi* rteld— Ellor, Wiiliana Betts andJoseph Woilta. The former received 12> votsa. BoUAU and W'eden 60.

Cutler Also Wins in the Shortstop BilliardTournament.

i! "Tom'1 Gallagher, of Chicago, defeated Harry

i ('line, of Philadelphia. In an Interesting same at

: Dalfs Billiard Academy last night by the score: of 400 to 349. The gama was close throughout, and, the winner was In doubt until the game EM over.

Gallagher made \u25a0 high run of 82 In the *ven-teenth Inning.

GallachtT and Cutler will play In th*> afternoonI to-day and Taylor and CHna will ni'-, t in tha eTen-, ing. The score lowa

tJallasher-3. 21. I.0, «•. 4<; 1«. 6. 28. 24. Co. 24. 2. 18.25. 0. --• i" 0. 4. 4. 0. » 3. 2tl. 13. Total. -Mm Average.

US '\u25a0\u25ba M; i.ih) run?.. tC \u2666<> and MCllna

—». •!. 4. 66. D. 1. 0. 31. 17. 80. 18. 49. 0. 28 '-\u25a0 -\u25a0

b. 1. 12 it, 0. *. £>, tl. TiJfll. tM. Aims*. 13 10-2|

GALLAGHER DEFEATS CLINE

STANDARD OIL TACTICS UNCHANGED.The Standard Oil inquiry was resumed last even-

Ins at No. 67 Wall-st. and adjourned until thisafternoon. The following question were asked of

Max Palmedo. the process server, and answered asfoUowiq._Have you made any effort to serve John D.

Rockefeller? A.—lhay

Q.—

Have you succeeded? A.—No.

Mr. Wollman. a=ked what he thought of th«Standard iMI tactics in refusinK consent to a dof-

lidte adjournment, Bald:Considering the magnitude of the fljrhtthry have

on hand, these tactics are liko shootinjj firecrack-ers In a great battle. Attorney General Hadleywill be here after the Missouri Supremo Court hasrendered Its decision, mil ttwn the examinationhere will proceed steadily an.l. we hope, withoutfurther interruption.

Bankrupt Brother of Ex-Mayor Gilroy Ac-

cuses Counsel, Who MayBe Disbarred.The case of A. Gordon Murray, who, as trustee

for the bankrupt firm of Gilroy &Bloomfleld. deal-

ers in cloaks and suita. at No. 724 Broadway, ia

suing for the recovery cf $5,500. -was up yesterday

before Judge Holt and a Jury In the federal Pis-

TiIOourt. The contention of tho plaintiff Is that

the day before the Involuntary petition In bank-ruptcy was granted Gilroy removed $4,500 worth ofgwtda to a sponger and took Jl.OOO In cash.

Louis K. Gilroy Is the brother of ex-Mayor Qll-roy. He was placed on the stand, and admittedthe dlnposal of th<J goods and money, but pleaded

as a dr-ft^nre that he was advised to <\o so by hUflrm'.s lawyer. Abraham A. Joseph, a brother ofJustice Herman Joseph, of the Municipal Court.

\u25a0linKs to disbar Joseph have bc-g-un, and were.-iilendar for yesterday, but the case went

over until next term by consent. The trustee suitwas continued.

In calling: attention to the provisions of thebill it says the principal features are an lnde-pendent railroad controlled and owned by thecity, that the Rapid Transit Commission be con-trolled by the Hoard of J->timate, that there bespecific separation of operating and constructioncontracts, that there tit* an elimination of cx-cesslve Becurity from bidders and that contractsfor operation be limited to twenty years, with

one renewal of ten years In case the contractor

equips. It provides for th«« construction of pipegalleries In connection with the road, and thatthere he a reduction of lares as the revenuesfrom the roads and pipe galleries may warrant.A limit of twenty-five years, with one renewal,

Is placed on the tern of any Brant to other thana trunk line steam railroad.

"There are now reckoned In the debt of thecity," the report says, "the forty odd millions of

bonds Issued for the building of the subways,including the Brooklyn «xu-!;sion. These bondsconstitute a debt ina technical st-nst» only. Dockbonds aggregate approximately $175,000.0001 ItM-.iiis fair an.i reasonable that this class of so-< ailed Indebtedness BhouM be excluded from the<i< lits of th>- city which are charged against itsborrowing capacity."

In recommending transit routes, the reportsays in part:

The adoption of a general policy for the exten-sion of future Hudson River tunnf-ls from New-

acrou Manhattan to the EaM River• indefinite terminable easementsWhile deprecating any extenatona of the ele-

vated i".la, we believe that both in Brooklynand in The Bronx local sentiment should governlocal development In this matter New-will s.ii.n be provided with better means oftransportation to ami from Manhattan than willour <•« n boroughs of Brooklyn a:: iQue< us. Thespeed) completion ;ii<<l use the Ithe Immediate construction of the Harlt-m andKast River tunnels by tht- city constitute theit:;t.st<r keys of the trar'*it pro'

in reply to th< which «ii! be madeto the •Itself, 11 will risk hai ifltable

\u25a0i ita iminis wniiMt being able I Ienulnjg contracti \u25a0 it -(i>>uii build

them, Urn answer Is thai the ibway.Imperfect .is H is, has noi only been highly

ble to those who 'n\«st.-.i \v it. but. inaddition, tr profit of sis operation hasbeen availed of m make pc r»^cent tra •\u25a0-

tit.n consollda.tk>n <>n ai ..:flate'lWith a sal tlrectIndependt r:t system aii: i • no queal ;r>M ..»\u25a0 n^ profli

tion.

The report was prepared by the executivecoimnitu.*, m>rnp'%

"of Calvin TonikIna, chair-

SAYS LAWYERS ADVISED REMOVAL.

WillEffect Municipal Ownership ofSubzcaifs, Conference Says.

The exprutlvp committee of the transit con-tercnic of this city yesterday recommendedmuni* ij>iilownership of subways and the build-ing and operation of the subways Ifnecessary.

T" brlnK this about It heartily Indorses theElsberg WIL

FAVORS ELSBERG BILL.

Bronx, are petting together delegations of tax-payers who willgo to Albany and argue againstthe Elsberg bill. They take the ground thatthere will be a great delay if the city under-takes to build subways, and that it willcost somuch more than Ifbuilt by private enterprisethat nothing less than a 5-cent fare can becharged, and that in the end the traveller willbe no better off, while delay in the work ofbuilding the road will greatly retard the de-velopment of The Bronx and Queens.

Ex-Corporation Counsel Hives, counsel to theRapid Transit Commission, thinks it will be amistake to compel the Rapid Transit Commis-sion to separate construction from operation inthe letting of future subway contracts. Law-rence Veiller, secretary of the City Club, lastnight sent to Senator White, chairman of theSenate #

Cities Committee, a letter In which hosays:

Iinclose a substitute bill, which Itrustthe Cities Committee •will report out in placeof the present Elsberg bill. The situationis a totally different one from that of pre-vious years. In past years the persons fa-voring the Elsberg measure have claimed thatit was a permissive bill and that it simply per-mitted the Rapid Transit Commission, to sep-arate contracts for oonstraction from operation,and to have a municipallyODerated ro.id in casethey could not secure satisfactory bida fromprivate bidders, the arguments for thia latterprovision being always that it was necessarythat tho Rapid Transit Commission should havesome such means of compelling1 satisfactorybids.

Now, however, the same persons who have Inl>ast years advocated the Elsberg billon thesegrounds state that the Elsberg bill is not per-missive, but mandatory, and that what they arepeeking1 t<> accomplish is to ccmpel the RapidTransit Commission to let all contracts for con-struction and operation separately and to pro-hibit the commission from letting any contractjointly. These gentlemen even go so far as tosay <ua did Senator Ford at the hearintr beforeyour committee on February tj) that what theywish to accomplish Is to compel the city tobuilda subway at its own expense, eouip it at its own. xpense, and then, and not until then, advertisefor bids for Its operation.

That is. it is the intention of the persons whoare at th>- present time actively urging the pas-sage of the Elsberg bill in its present form tocompel the municipal operation of all new sub-ways.

\Vlthout expressing 1 any opinion as to themerits or demerits of municipal operation, wesubmit that bo Important a step should not bemade possible by any process of indirection.Ifthat is the intention of the persons urging theKlsberg bill they should so amend the bill asto make thia perfectly plain to the community,and should leave no doubt as to what they dointend.

What we are contending for is the principlethat tho Rapid Transit Commission should havethe power to let contracts for construction,equipment and operation, either separately orjointly, in such way as in their Judgment willprove to be to the best interests of the city.The substitute bill which accompanies this let-ter and which we urge upon your favorableconsideration does that in plain, unequivocallanguage, whose meaning cannot be mistaken.Italso does mor^- it rhangt s tho term of futuresubway contracts from the present maximum offifty years so as to n::ik-' nil future contractsterminate at a time not lat^r than the termina-tion of the present contract, viz., October 27,

1964* although the Rapid Transit Commission isgiven power, under this bill, to make contractsfor a less term.

English Capitalists Buy ManhattanTransit Company Stock.

Joseph H. Hoadley, talking last evening aboutplans for competing for city passenger trafficwith the Belmont-Ryan combination, said hehad sold a controlling Interest In the ManhattanTransit Company to English capitalists, whowould be bidders for the 3d-ave. subway fran-chise. The Manhattan Transit Company's greatasset, he said, was its franchise in perpetuityfor a tunnel under the East River, granted by

the State legislature in1899.The tunnel, Mr. Hoadley said, would be con-

structed from the postofflce in Manhattan underprivate property on the line of Ann and Beek-man Bts.. to and under the river and then underprivate property in Brooklyn to the city's lim-its, where it would be connected with the LongIsland Railroad. The postoffice. he said, wouldbe undermined for a terminal, and there wouldbe a connection with the McAdoo tunnel underthe North River.

"With the perpetual franchise for the tunnelfrom tha postoffice to Brooklyn along the lineof Beekman-st," Mr. Hoadley said, "we canprevent the buildingof any subway which wedo not control to or from the Battery along theline of Pearl-fit. We can therefore hold an ad-vantage in bidding for the 3d-ave. subway. Wehave another advantage in the ownership of aperpetual franchise for the operation of electricstages in the streets of the city. We shall es-tablish lines of such stages in the cross streetsto collect and distribute the traffic of the Sd-ave.Bubway."

Mr. Hoadley eaid it would be a part of thecompany's plan to run fast mail trains from thepostofflco to Montauk Point, and hava the mailscarried between Montauk Point and the oceansteamships by swift tenders, making a differ-ence of several hours in the delivery of themalls from Europe in this city.

SUBWAY ENGINEER TESTIFIES.The special rapid transit commission appointed

by the Appellate Division, consisting of RandolphGuggenhelmer. Patrick A. Whitney and A. Eurn-ham Moffatt, met yesterday afternoon at the olHce3oX Albert Boardman, counsel. No. S2 "Wall-st. Thetestimony was taken of Q. S. Rice, engineer of tn©commission, who has looked over the proposed routeof the new west Side subway. The testimony wasnot made public.

eetjuphy seeks way to stop heabst.

Discusses Means withUp-State Democrats atAlbany

—Nixon After Nomination.

The Tammany statesmen who went to Albanyon Tuesday to Jsoost the GraUy public utilities billbrought back a fine assortment of political rain-bows. It was said yesterday at Tammany Hallthat Charles F. Murphy s^ent a good deal of tiniont Albany talking with up-State Democrats aboutthe strength of the Hearst movement and the boatway to destroy It4 rapid growth. It Is understoodthat there will be a round-up of State Democratsat the Democratic Club early next month for fur-ther discussion of the State situation. There Ismore or less dissatisfaction up the State with

Cord Meyer as State chairman, en the er> nhe la too closely allied with tha corporations, and

Mr. Meyer is expected to step down arid out at theBtato convention next fall.

The up-State men at Albany told Mr. Murphy

that Hearst was coming strong and that he wouldhave to -work hard to head him off. Senator Mc-Carren was on hand at the Albany conference, andhe and Murphy seemed to be working together har-moniously. Ks-Senator HUIIs In the South, takingoare of his health, and no one will oppose Murphyes the Democratic leader of the State If he willfurnish tho '•sinews »>f war."

The friends of Lewis Ntxon saM yesterday thathis activity In political affairs at this time wasevidence that he could be prevailed upon to accept

a nomination for Governor.

HOADLEY SELLS Ol'T.

man; L>aniel Moynahan, representing 1 SouthBrooklyn, and other Brooklyn organizations;Jndaon G. Wall, representing: the ProspectHeights Association; "William MrCarroll. presi-dent of thf Board of Trade and Transportation;John Ford, Charles Sprague Smith and BertHanson, secretary.

Belmont Interests May Not Hid onSubways ifItBecomes Lau\

Th« Belmont-Ryan interests, in control of allthe traction interests in Manhattan and TheBronx, Bay that they willnot bid for any of thenew subways if the Elßberg bill becomes a law.This decision by Messrs. Belmont and Ryan be-came known in Wall Street yesterday and wasverified last night by one of Mr.Belmont' s lieu-tenants, who said:

There will be nothing particularly attractive,from a financial point of view,in the building offurther subways in this city. The Ripid TransitCommission is fully •.ware <>r the earning powerof the Belniont .subway, and is disposed t>« makehard terms for future tunnel builders and oper-ators. The next subway will reduce itself bythe time it has been running a year to a 4 perrent earning proposition, and that will be thefull size of it. It is all right and proper for thereformers to demand that the city build its sub-ways, and thai is what it will have to do if theElsberg bill becomes ;i law.

Mr. Belmont and his friends do not believethat the Btoberg bill will become a law. Theybelieve that more subways, with a guaranteed."-•» nt Bare, built Immediately by private capi-tal, will b.- a more attractive proposition to theRapid Transit Commission than the experimentoi having the city build a subway system, withthe strong probability that it will tak»- twoyears to Ret through the necessary constitu-tional amendment, and that the system cannotbe built so as to guarantee \u25a0 ride tor less than5 rents.

The decision of the Belmont people to refrainfrom bidding ifthe Klshor^ t.ill j.asses is arous-ing; preat Interest In the tutlytng districts. Itwas learned yesterday that Cord Meyer, who Isheavily Interested In real .-state in Queens, andJames J,. \Wlls. similarly engaged in The

AGAIXST ELSBERG BILL.

R'bea ibejr brought the new food. ..-Nuts.Into t),. bouse tht> hu.sba.iid sajni-ied It lirst and

\u25a0\u25a0 "Ji.- better than Me!" When It brought

»Ck the glow of health to \u25a0 be wife's cheeks, hisMadzaiioa for it and her was Increased, so bhoI*7*.tzA the —i of her Glory follows:'

Trom childhood Iwas troubled with constant•R4 often acute Indigestion, and when my baby*£* tor:i it turned out that he had InheritedU*av.ioi mirnent.

"A Crtesd told me of GraDe-Nuts and. 1 ln-vegte-l in a box and i*«ran to cat according towfccuciift. it«'v after only a few days that IJour:<3 my lonjr abused stomach was growingftror^er arid that the attack* of Indigestion*tre irrowirig1 lesa frequent, and Inan Incrediblyi*K>rt time they ceased aitocx-ther. With ii. per-fect digestion restored came trotut un i—. clear,active brain, the glow of health to my cheeks,•*<3 Iknow Iwas a better wife and mother andmore »,j.-r<f-able to live with under the new con-ditions.

"Wh<=:n the boy came to be 1" months old Mfiev.lojtd such an aj.petlte (his dvFp«psia dta-M'&tared with mlne> that liis mother's miik wasc&t Ulcienl for him. Ho rejected all babyfoods, bowerer, till Itried Grape-Nuts food, atHusband's eug-fe'estlon. The ..\u25a0.ester took to It*tonce and fciis eiittn Itdaily ever fir.cc. thriv-ing wonderfully on it He now demands it at«'try meal and was much put out when he£l*i*d at a hotel a few days Bgn because th«*altr««« could not fillhla order for Grape-Nuta.M Name given toy Saturn Co, Ba-010Crttk. Mich,

'—-•<• t a :»**» a

Hits at Aldermen Who Turn "Flip-Flaps"

on Municipal Ownership.

Municipal ovnershlo cam. in for a Bhort and

Thlch to erect a municipal llKhtln* plant. The

ponrats of municipal ownership

"This Is » etep In the right direction, hs «ald.

-and Idon* understand the -flip-Saps' .ooe, of U.e

AMerisinn ljf^e/ .'\u25a0tiiTiat.- provide a new park 01

£mL *1-ibui «t«. *»*iiu^-»«%

••LITTLE TTM" SWINGS TH£ CUDGEL

Taking Appointing Power from Superin-

tendent Would Weaken System, ItIs Held.The Public Education Association of New-York.

Miriam Sutro. resident, has forwarded a protest

u» iHenUyaU Burnett against Assembly bills

Vos" 413 and 413. introduced by Assemblyman Tomp-

Uns The association holds that "the animus of

both bills seems to be personal animosity against

the present city superintendent." that the district

c..,*rlntendentB are virtuallydeputies of the super-

i\u0084\u2666 end any Itinsiation taking the power ofInteml.-nt an<i an> it^ ac Buperint* will

f^sen hi !SSSSSwu" of th& superintendent asTrh and enX"fy weaken the .chool system. Itsuch, ana e<." .hoosing of district superintendents

f.°^s -expert" question, for which the ordinary

£,ard of ed^cutloqn Uhardly qualihed.

More Packers Testify to Facilities

Given the Government.Chicago. Feb. 14.—Representatives of the Swift

company, of this city, and of the Cudahy Packing

Company, of Omaha, were on the stand in the

packers1 -case to-day. When court adjourned for

the day the testimony for each had been linlshed.i.lthoußh . Lward Cudahy. of Omaha, may be re-

called for a lew Questions In the mo/ning.

The testimony of all the witnesses related to the

manner in which the government applied for in-

JbS rn^eitigition lA the plant* of Armour *Co.will be taken to-morrow.

AGAINST EDUCATION BILLS.

TELL OF INVESTIGATION.

Inventor's Experiments Only PartlySuccess fid.

Francis Waldo Wertenberger, an inventor, made

6everal experiments yesterday with a new explo-

sive which he has invented. in a rock cut on the

route of the New-York. Westchester and BostonRailway Company, at Mount Vernon. Several rail-

road engineers and mining experts were present-

Mr. Wertenberger says that his new explosive is

three times more powerful than dynamite, but his

demonstrations with his cartridges, which are simi-lar to dynamite sticks, were nut a great success.His new loose powder experiments proved moresuccessful, however. With two ounces of the pow-der, which he said was equal to six. ounces ot dyna-

mite a bowlder 10 by 6 feet was blown to frag-

ments. The powder makes little noise and expands

in all directions. One of the features of the newpowder is said to be that it must be Bred by anelectric Epark.

TRIES NEW EXPLOSIVE.

Putting the total value of the railroad fran-chises at §75.000.000. and assuming the aver-

age local rate to be S2. this -would mean asaving to the railroads of 1750.000 a year.

Under the Martinbill, which the Attorney Gen-eral has declared unconstitutional, and evenunder the Perkins bill, the railroads would beobliged to pay tax on the value of their fran-chises at the average local rate. It is probablethat under the Attorney General's opinion theBcovel bills are constitutional.

The bills provide for the assessment and taxa-tion at local rates of all railroad real estate,

Inclusive of main stem, the same as is providedIn the Galvin bill, and the same as provided for

In the Martin bill, except that in the latter theassessment is to be made by the State Boardof Assessors and the assessment certified to by

the local taxing authorities.The Scovel bills provide for the taxation lo-

cally of the personal property with a local situs.The movable personal property, such as rollingstock, as well as franchises, Is to be taxed by

the State at an average local rate.

Sccrrel Measures Thought To Be inTheir Interests.

[By Telegraph to The Tribun«.]

Trenton. Feb. 14.—

The bills on taxation intro-

duced by Assemblyman SScovl. of Cainden, thisafternoon are believed to have been drawn Inthe Interests of the railroads. The substantialdifference between the Boovel bills and the Ar-

rrvw smith bill, which the Attorney O neral has

declared to be constitutional, is that the rail-roads would, under one of Scovel's bills, pay tax

on the value or their franchises at the rats of?1 per ?I<X> of valuation, instead of at the aver-age local rate.

BILLS FOR RAILROADS?

No Senate Consideration of BankingResolution This Week.

(By Tel-graph to Th« Tribune.1Albany. Feb. 14.—N0 meeting of the Finance Com-

mittee of the Senate was held to-day. SenatorMaJby. Its chairman, one of the chief opponents ofth. demand for a thorough investigation of theState- Banking Department, was not here. Anotherchapter thus has been added to the record of delayw^lch the Senate Is compiling regarding the resolu-tion which the Assembly passed a couple of wc-oks08-j asking for the appointment of a committee toinvestigate the Banking Department's methods andthe banking Jaws.

Senator Malby. it is said by his friends here, is athis home In Ogdcnsburg illwith the grip. He prob-ably will be here on Monday. His absence at thistime has served to delay consideration of the reso-lution, together with the Information sent by Gov-erni.T Hißpins on the Kllburn charges until nextweek.

Any investigation of the Banking Department andbanks will probably Fink into second plae* in thepublic estimation when the insurance. report is pre-sented. This report will be- presented probably onTuesday or Wednesday of next week, just when thebanking investigation resolution will be discussedby tlie Senate Finance Committee

FIGHT IN THE WALDORF.

Alleged Thief and Detective Strug-gle in Palm Room.

Diners in the palmroom of the Waldorf wereexcited last night by a fight between one ofthe hotel detectives and a man accused of steal-ing an overcoat. The two fought furiously forseveral minutes, causing women to run to thefar end of the room, and even on the arrival ofa policeman the men c ontinued to hit at eachother. It was only after the alleged thief re-ceived a sound drublng that he consented to go

to the station house.Several valuable overcoats have been stolen

recently from the coat rack, which adjoins theentrance to the palmroom. W. B. Rlda, a housedetective, became suspicious of a man who wasprowling around. Rida saw him take an over-coat from the rack, the police allege, put it un-der his own and then start to leave the place.Then Rida seized him.

At the Tenderloin station the prisoner said hewas Walter James, a salesman, of No. 210 West43d-st. The coat belonged C. W. Watso, a coaloperator of Baltimroe, and was valued at $123.

MAT.BY ILL;MORE DELAY.

aNEW-YORK DAILY TRIBUNE. THFRSDAY. FEBRFAHY 15. 100 ft.

fgBDDKS DEFENDS BOARD

IT.GAS HEPORT SOON.

VICHYTHE GENUINE

NaturalAlkalineWater

THE ONLYGENUINE

VICHY

Bottled at theNATURALSPRINGS inFrance. Never•old inSyphons

AvoidImitations!

Which haveno medicinalproperties.

Analysis made

byFraser&Co.sth Aye,N.V..shows SvpkoaWcAytobeonlyCroton watercharged withEas.

Sold in Pints and Quarts only\u25a0

% What the Name Means to I1 Automobile and Carriage Owners jlB> The ran? "StudebiJter"* on canine or automobile hat «3kIf a new significance, a special value to the owner of *^^PJ$J the vehicle. Ir.keeping with our position as buildtrt' il)^^

&p- of probably the largett variety of automobiles, both t|lKs^\ gasoline and electric car*, and broadening out the idea r^

of our successful carriage repair department, we hay« 5^2 jjj, Added to the Studebaker equipment in New York 7j'

vf A completely appointed

If Garage and Machine Shop ||L at 137-143 W.48th Street;

l&f Its proximity to our amir, building brings Itdlrtctjy'

\u25a0 I" under the Stndebafcer nanajticeot that ha* meant so =!:fc much to buyer* and owners of Studebikir czrrh^ts. 5^\ IT Our Garage is equipped to givea onfque service not ooly v'«.;X. to buyers of our cars, but to owner* of othir m&kss m|lXt£ as welL We ire prepared to cut for and to repair T^IL electric, stftm and guollna cars of every description. 1IB T The extended variety of automobiles ofour own buiid 1If. makes our workmen especially efficient and fanUixr

'I

r/ 1 with the requirements of cars of all types. 11f This addition to the Studebaker equipment givMrt»

'\u25a0

I'

elusive advantages to the corners of_£iudebaker_ctn^ '\u25a0

g.i STUDEBAKER [JLII55' Broadway and.it* vents at 48tb Street i^^^

Ex-Ju<-P- Phedden called on Governor Higglns

to-ccy to talk over the gras situation. After hisvisit, Ow Gorernor IId that Judge Shedden re-

pvtted that "Senator Stevens was not morefamiliar •wi'.h the provisions of the law his cora-jsiuee had framed." Later Mr. Shedden made a

ftaten:«:.t fplaining •.•\u25a0 gas commission's at-

titude, in Thich he said:Upnn the organization of the commission it

tic? Immediately confronted with complaintsagainst the gas companies in New- York, de-manding nn investigation as to the price of gas.An Investigation was begun November 30. OnJanuary 1, under the provision of the law. areport to the legislature was prepared, covering

the labors of the commission up to that date.The commission Is criticised for not recom-

mending in that report an SO cent price for gasInNew-York City, or at least for not express*

Ins to the legislature Its Intention in referencethereto. The commission studiously avoidednueri a recommendation, as we deemed it highlyimproper io <i° s°-

The saw creating the commission provides thattt ehaJ! investigate complaints as to the price ofgz*; that it hearing thall be had thereon; that\u25a0upon surh hearing the company shall be heardIn its lie-fence, and provides that the companycan appear by counsel. It means that bothfidfs fhall be heard and that upon the evidencea decision is to be made. The commission couldnot consolidate the hearings against all theeorr.par.ies in greater New-York and hear them&t the Fame time.

We say that it was Improper for the commis-fion, fittir.g as a tribunal, to hear and decidethis important matter in a fair and impartialmanner, with the Interest of the consumer, thetstcstor and the company Involved, to make apublic announcement of its decision in advanceof th<- closing of the evidence and the argu-

ment of the case. Our decision would not standa n.inute had such a. course bf-en taken. AJudsre upon the bench would be impeached, andJnstly so. if he fhould so prejudge the case.What confidence could be placed in the decisionof a commission fo acting? The law does notprovide that the commission shall report to theL^irtFiature it6recommendations as to prices. Itprovides that the price shall hf ted by anor<3*T to be ..... -.. by the commission.

Commissioner Soys InvestigationsHere Are Not Over.

[By T*l«rT»ph to The Tribuna.]Albany. Feb. 14.—The State Gas and Elec-

tric*] Commission through Judge. Lucien L.g»,«}<Jen replied to-day to the criticisms Mi itsReport nd to the Stevens billdesigned to legis-

j,, it not of existence. He said that no recom-{nrndatinn as to the price of gas In New- YorkCity had been Intended in the report on whichEMttnr Stevens based his action, and that thrUHHUliininn'l evidence at this time was not

cotniI^'^ enough T" Justify any report.second report, embodying its decision in

jtpard to the reduction of the price of pas inj; -Tork City -will com© from the commission*

f9Pn. Kls expected, and stories are floating

ground here that It -will order a sliding: scale of

trWO g? to 75 cents, or even a flat rate of "5

cents- N« confirmation can be obtained. Mean-

t]ce. the imtpert for the passage of the 80 cent

b!!ljr. both houses seems good. In the Assem-bly, where there is no objection, the bill asjjnendf-d or. Monday night by Mr.Agnew proba-

j)jy»\u25a0• be on the calendar to-morrow. WhenIt mak. Its appearance it will be passed.

The Senate Committee on*Miscellaneous Cor-

porations, whose chairman is Senator Goodsell.willF^ve a bearing on the Page bill to-morrow,

to otHpp Mr Mathewson. the gas lawyer. Afterthat the bill may be reported^, or It may not—

there is DO choice as to either end of the argu-

mer.: IfItshould be reported. Its friends thinkIt will bo ,.issed by a narrow margin. They

feel more confident than they did last year, be-

cause of tha firm stand the Assembly has takenand the Governor* attitude and the action ofSenator St-vrns, all of which have created sentl-

r.«T.t in fa\ or of the measure.

Art Exhibitions and Sales. Art Exhibitions and Said.

®To=night at 8:15AT MENDELSSOHN HALL(Fortieth Street, East of Broadway.

At Unrestricted Public Sale by order of ExecutorsConcluding: To-morrow Night at the same hoar

The Private Collection of the Late

ALEXANDER BLUMENSTIELValuable Modern Paintings

Water Colors and DrawingsAND

The Remarkable Art Fans"Each a miniature gallery of modern masters."

On Free View To-day from 9 until 3 o'clockAt the American Art Galleries,

MADISON SQUARE SOUTH.

The Sale Will Be Conducted by Thomas E. Kirby o!

THE AMERICAN ART ASSOCIATION, MANAGERS,6 East 23d Street, Madison Square South.

COMPLAINANT DELAYS GAS HEARING. Auction Sales.Lawyer for Consumers Broken Down by

Specd 1of Commission's Work.

The he;.rir.g on the Brooklyn Union Gas Com-

X*r.r befon the State Gas Commission In theCour.ty Courthouse, Brooklyn, came to an unex-

pected lAJomaent yesterday afternoon. Tl \u25a0 com-BteSoa };ad been in session for about an hour and

IQuarter when William A. De Ford, representing

th* caneooen on whose complaint* the hearing

*\u25a0** ordered, told President Gunnlson that he wouldbe \iu*\'.'\u25a0 it> jiroceed.

"V\" been at this thine seven woeks now—night«nd day." li"ESid, "and Ihave Just about reachedthat *;,.£<- where Ihave got 10 take MM rest-; cannot pn on further to-day. Ithas proceeded bolast th.-.t it has fimply liroken me down."Mr. r,;-r.r.tfon announced an adjournment until

titxt Tim sday morr.ir.g.

BILL TO TAX LAUNDRIES.KUh'y. Feht 14.—An annual tax on laundries is

imposed by a billIntroduced To-day In the Assem-*>!>" by Mr. Reflly. of Ants. It provides for anlann] tax of $10 on every laundry in the State.t^fl if a laundry h.-is tif«-:i in husinoss le.«s than ayear it n list pay pro rata. Reoelpta written plainlyIn F.:.p:. , must be given. This would abolish the"ti'k'n" K-rittenIn Chinese character*.

TO PUNISH EVASIONS OF SERVICE.Albany, v>b. n.-Amfii;the bills advanced to th«

©rt»r of final passage In the Senate to-day !s thatof Senior Iraekett, designed to reach cases of

cession <'. cerrloe of summonses and subpoenas,•uch bh ba\'# ]ate]y pained widespread, notoriety.

Tt»t b:'.l roold amend the r>enal code by providingthat *r.yperson vhn wilfullyavoids, evades or at-

Umpu to pvade or aFsifts atiother to evade thftBTrW of iinj writ. BUbpcen*. mandate or '>'h prprooni «.f court judge «.r other official, snail r»e«flty of ;imisdemeanor. Tlie bill will be on t.ie

cah-rdar for !::;;:Iaction next ««k.