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f\' !THE SUN, TUESDAY, MARCH 18. 1919. 44 .s 1 4 BOTH SIDES WIN IN NEW JERSEY TROLLEY FIGHT Employees Virtually Gain. Their Point of Union Recognition. SERVICE RESUMED 4 A. M. Statement Mndo by McCarter Arouses Carmen Another Storm May Bo Browing. Trolley service In northern Now Jersey Zi be, 7umea at 4 o'clock this morn-Jl- f, ...... locals of the union having jaoiciuay mo agreement sug-- - Bested on Sunday by the War Labor Hoard and accepted by tho Public Ser- -' vlco Corporation and the strikers But Judging from tho play of heat lightning over union headquar- ters In Newark last night there may be another storm gathering. That soma of the union leaders them-wiv- es did not fully understand the agreement they had approved, although Charlton Ogburn. tho Federal conciliator, seemed to have won their entire confi- dence, was evident yesterday morning. Among the Newark conductors and there was such a strong sus- picion that their principal fighting point complete recognition of the union, had not been gained that It took nearly two hours for James II. Vahey, general coun- sel for the Amalgamated Association of Street and Elcctrlo Railway Employees, and union leaders to win the Newark local to ratification In a noisy meeting. As soon as tho strikers In the other cities got the word that their Newark comrades, who form the largest organi- zation in the State, had O. K.'d the com- pact and decided to return to work this morning all tho others followed suit. McCurler Issues Stntetnrnt. lato In the afternoon a published statement from Thomas N. McCarter, president of the Public Service Cor- poration and Its subsidiaries. Including the street railway companies, reached William Wepner. tho Amalgamated State president and leader of the strike. In a few minutes strikers were caning up from everywhere asking Wepner If he had seen Mr. McCarter's statement. A meeting of the conference commit- tee of heads of all tho locals was called Immediately; It lasted until late last nlglit. Its object was tho preparation of a reply to the company's president and an interpretation of tho agreement that had been signed. . From their meeting place In the Ord-wa- y Building the conference committee tried to communicate with President er and ask him to withdraw his statement. He was out of town. Strike Leader Wepner then had a telephone talk with Edmund W. Wakelee, nt of the company, after which the feelings of the strikers seemed soothed. Mr. Wepner said he would lssne a statement y Interpreting the settlement as the men see It. The trouble with Mr. McCarter. from the standpoint of the strikers, was that he said the settlement was \upon the exact terms offered by the company before the men went out\ He did not say In so many words that It was a great victory for the company, but the strikers so construed his Intent. As the leaders had been telling tho men all day that the great victory was on their side, that the company was \licked\ and would deal with the union hereafter, the agitation produced by Mr. McCarter's summary of the terms Is comprehensible. In the formal proposal offered by Mr. Ogburn, Arthur Sturgls and William P. Harvey, representing the War I.abor Hoard, to the Public Service Hallway Company and Strike leader Wepner, the first suggestion was that tho company nnd Its employees adopt the ruling on collective bargaining made by Chairman William H. Taft and Basil II. Manly of the War Labor Board In the Omaha case. Gist of thr nallnff. This ruling was In part: \The rules of tho board permit an employer to Insist that In the negotia- tions, between him and liLs employees he may deal only with his employees, ana only with tho representatives of his em- ployees who are his employees, but It does not prevent his employees through the agency of any union to which they may belong from adopting any method prescribed by the union for the selection of a committee of employees to repre- sent the union men In his employ. . , . \The words 'recognition of the union' had had an artificial and Improper mean- ing given to them by employers. . . . The question la not whether they (com- mittees of employees) represent the union. The question is whether they, being employees, represent other em- ployees; and If that Is tho fact their mere refusal to say they do not repre- sent tho union or their admission that they do docs not Imply a contract deal- ing with the union or any organization In tho sense In which the War Labor Board understands tho term. \We think that, duo to the pride of the men In their union and organization and the technical sensitiveness of the employers, many troubles have arisen that might have been completely avoided by a clear understanding of tho view of the National War Labor Hoard In this regard.\ Proposal of Settlement, The proposal of settlement In tho New .cr atriks then yttC. led : srf \Under this ruling any committee or Joint conference board composed of the employees of tho Public Service Rail- way Company of New Jersey appointed at a meeting of any division of the Amalgamated Association of Street and Electric Railway Employees of America shall have the rlsht to deal with the otnelals of tho company concerning any matter or matters In controversy. This does not negnttve tho right of employees to treat with the company, directly or tnrougn otner conrmiuecs. \It Is understood that the company has withdrawn and abandoned Its so- - called cooperative or collective bargain' Ing plan recently promulgated. \Any other matters In controversy be. tween the company and Its employees now organized may be referred by either party to the National War Labor Board for decision \All men now on strike shall return to work Immediately upon acceptance and ratification of this proposition. The com- pany shall take back all men who report for work upon acceptance of this propo- sition with the same seniority aa here- tofore existing. \If the acceptance of this basis of settlement by tbe conference committee 1 representing the men Is to be ratified by the men, opportunity for such mtl-flcato- ln Is to be given them' at the earli- est possible moment. \It la to be hoped that the acceptance of this basis of settlement will imply that boili sides, so far as 'possible, will' forget ,;ast animosities and will endeav- or to cooperate for the good of them- selves nnd for (ho public whom they serve.\ This fa what Preldnt.,McCrter ,f the company af aitsr lnJlfl tbt majority of strikers had ratified the foregoing: \Of course I am glad the strike Is over and that the men have decided to return to work. The settlement Is upon the exact terms offered by the company before the men went out namely, the withdrawal of the collective- - bargaining plan recently promulgated by the com- pany, a reiteration on my part of my oft expressed willingness to meet, at any time, with any committee of employees, whether or not they belong to a union, and A postlve refusal on the part of the company to sign a contract with the Amalgamated Association or any other union of employees with refer- ence to tho operation of the property of the company all of which was In ac- cordance with the principles and poli- cies of the National War Labor Board and was distinctly concurred In and, ap- proved or by the representatives of that board sent here to adjust the difficulty. \I trust now that all connected with tho company, whether officers or em- ployees, will do thalr utmost to servs the public aa well as possible and that the men will see the futility of causing any such Inconvenience to the publla as has been occasioned during the last few days, when the same result could have been obtained through conference and negotiations.\ John L. O'Toole. Mr. McCarter's as sistant said Informally that It either side carried to tho War Labor Board the request for nine hours work for ten hours pay and other subordinate do mands of the strikers it would be the employees, not the company. Fair Deal Promised. \We will meet the employees openly ami deal witn them fairly.\ said Mr. O'Toole. \We have never made any written agreement with employees so far as I know and see no reason to deviate from our position. We have always re garded our verbal agreement as blndlnr. ana the men have never complained of their violation.\ He was reminded that the strikers In- terpreted the compact that they were then ratifying as recognition of their union. He replied: \They can interpret It any way they like. The fact Is that we shjilL. treat only with bodies of our own employees. To neutral war correspondents this appeared to be a distinction without a difference. Originally the strike leaders Insisted that the company sign a con- tract with the Amalgamated covering wages, working conditions and hours. As they yielded this point on Sunday the Public Service Company wins it But the strike leaders assert that Mr. Mc- Carter not only always refused to sign a contract but would have\ nothing to do with any committee representing the union. He must now treat with such a committee. Technically It will be a committee of his company's employees; In practice It will be a committee sent by the union to state union requests or terms, for un- der the new agreement the committee can be appointed by the union. When the strike leaders approved the agree ment they thought that Mr. McCarter was recognizing their un on without hurting his feelings in saying so. But alter reading nis statement of yesterday they were worried and talked like men who thought something was going on which they did not quite understand. Collective Dararalnlna: Plan. They were also disturbed because Mr. McCarter said that withdrawal of the plan of collective bargaining between the company and the employees was offered by the company before the strike. They said that while It was true that he had offered to withdraw that proposal In or- der to avert the strike he stuck to It after the strike started and finally aban- doned It on Sunday because the men as- sured Conciliator Ogburn that they would not consider a settlement until he did abandon It. So they wanted this re- corded as part of their \victory.\ Mr. Ogburn before leaving Newark yesterday morning said the basis of set- tlement wan satlsfsctory to both sides, and that \each side gives and takes.\ The strike started at 4 A. M. Wednes- day, March 12. It Is believed to have cost the company about (500,000 In lost fares and other Items, and the employees more than $100,000 In lost wages. It was flhe for the Jitneys. MRS. INGH'S CASE GOES TO JDRY TO-DA- Y Defendant's Mysterious \Wi- tness, Mae Hayes, Not Per- mitted to Testify. The trial of Mrs. Betty Inch on a charge of extorting $215 from Eugene P. Herrman came to a sober end last night with both awers summing up and Judge Davis reserving his charge to tho Jury for this morning. Mrs. Irving Ben- jamin, the Mae Hayes referred to In both the Inch trials as the witness who could clear Mrs. Inch and prove her dis- interestedness, appeared In court yester- day and took the stand, but Judge Davis sustained objection to all her testimony with regard to her alleged relations with Herrman. Tho trial ended without Mrs. Inch be- ing compelled to enter the \calf pen\ which someone had erected to keep her comely and distracting ankles from tho attention of the Jury. Her attorney, William J. Fallon, however, alluded to the \pen\ In a highly dramatic fashion when summing up his case. He de- scribed It as a deliberate effort on tho part of the prosecution to prejudice the minds of the Jury against his client and said It hub the real reason why Mrs. Inch had not taken the tand In her own defense. Mrs. Benjamin, a frail, dark little woman with not unattractlvo features, c&mc from Cincinnati to testify. Mr. Fallon had hardly begun to ask her about her relations with . Herrman. In- cluding an alleged party at Woodmans. ton and In an apartment house In 110th street, when District Attorney Tallcy objected and the objection was sus- tained. Nevertheless, Mrs, Benjamin succeeded In nodding her head In re- sponse to several questions beforo the objections could bo Interposed. Follow- ing her testimony Mr, Herrman was re- called to the stand and swore that he had never known her. Mr, Fallon In his summing up ap- pealed to the Jury to protect Mrs. Inch from the efforts of the wealthy com- plaining witness to send her to prison. District Attorney Talley confined him self to an appeal to the Jury to bo swayed by the evidence alone and not by the eloquence of his opponentt. In adjourning court until when ho will chargo the Jury, Justice Davis again cautioned the Jurors not to read newspaper accounts of tho trial. Commissioner Blags on Leviathan. Special DttpatcS to Tas Bex. Albant, March 17. Dr. Hermann, at Biggs, State Health Commissioner, has received a six weeks' leave of absence by Gov, Smith to attend a conference In France to discuss the formation of an International Red Cross. He will sit aa a member of the committee on Interna- tional health. Dr. Biggs sailed. Saturday on the Leviathan. ' Fire Destroys V. SvAnxlllary Ship. Washington, March IT. The Ameri- can auxiliary vessel, the qity of Gulf-por- t, was, destroyed by fire In the La Plata, roadstead, Buenos Ayrea. Friday, the State Department was advised to- - 14 CREWS QUIT ON GOVERNMENT TUGS rrivato Owners of Boats Char- tered to Army and Navy Withheld Increase. GENERAL STRIKE REARED Unions Look to Federal Agen- cies to Make Up Difference in Wngo Scales. The harbor strike situation was fur ther complicated last night when the crews of fourteen tugs chartered by the army and navy quit work upon receiv- ing their pay envelopes and finding that they were being paid under the old schedule. The tugs on which the men quit work were privately owned craft chartered with their crews to the Gov- ernment for coaling Government vessels. The men had expected that they would be paid the Railroad Administration scale. . It was believed last night that the Government will settle the matter by paying the men the difference between tbe private owners' scale and that paid on the Government's own boats. Union leaders said that unless the matter was satisfactorily adjusted there was grave possibility of a renewal of the general strike, as tho men have become exasper- ated over the whole situation. The matter will be taken up at a meet- ing to-d- between the strike commit tee of the marine workers and represen- tatives of the Government At the same meeting complaints to the effect that the Railroad Administration marine mana- gers In connivance with the private have been discriminating against strikers will be investigated. Armr and Kstjt to Borrow Tags. Pending the settlement of the griev- ances of the men on the fourteen char- tered boats the army and navy will prob- ably borrow Railroad Administration boats to handle their coaling and other Jobs. It Is quite likely, however, that the disgruntled crewu will be appeased Efforts of James L. Hughes, Federal conciliator, to bring the harbor strikers and the private boat owners together again proved fruitless yesterday and both sides announced that they would devote all their energies hereafter to wearing each other down. The union leaders told Mr. Hughes that they were willing to send a committee to the conference he proposed, but they stipulated that Paul Bonynge, counsel for the boat owners, should not be per mitted to participate in it. The boat owners informed Mr. Hughes that they would deal no more with the present leaders of the Marine Affiliation, but that they were willing to meet the men as ln dlvlduals at any time. Bight Hoar Day Culled Impossible, \Until the demand for an eight hour day Is definitely and publicly abandoned there \will be no more conferences.\ said Chairman Joseph 1L Moran of the New Tork Towboat Lxchange last night In a statement explaining the refusal of the boat owners to grant Mr. Hughes's re- quest. \We do not propose to discuss that question further.\ the statement de clared. \Die towboat business Is one which cannot be conducted within the same hours that apply to other callings. Our men actually work no more than six or seven hours a day on the average, but owing W tidal conditions they are required to be on duty for a longer period dally '.han In other occupations. We are and always have been willing to compensate them for this disadvan- tage by the payment of a relatively higher wage. \In private the men admit the truth nnd Justice of our position. In public they allow their views to be misrepre- sented by leaders who demand the Im possible. We can afford to keep our equipment tied up or moving on part time Just as long as they can afford to follow Incompetent leadership. \We are prepared to Join with our men In the creation of a central body to adjust all present and future differences with 50-u- 0 representation to employer and employee. If we knew a better plan we would In the public Interest suggest It.\ One Private Concern Yields. President Delahunty of the Marine Affiliation repeated his declaration that the eight hour day Is the paramount issue end that the men will remain out until they get It. One more private concern, the Under-cllf- f Warehouse and Lighterage Com- pany, operating one steam lighter and six barges, agTeed to the strikers' terms yesterday, according to an announcement made by William A. Maher of the Marine Affiliation. Capt. Maher denied that the marine workers were responsible for the delay In the sailing of the troopship Adriatic, which has been held up for several days for lack of coal. Maher said that the boat owners had refused to charter coal boats to the Government. The union, he said, stood ready to furnish tho neces sary crew. At the ofTlccs of the Water Transportation Servlcn It was said that the cause of the delay of the Adriatic's sailing was tho refusal of stevedores to cost her because the coal camo from companies operating their own harbor craft. The Inefficiency of a nonunion crew was responsible, according to officers of the Marine Affiliation, for a marine ac- cident which occurred oft Statcn Island Sunday. Capt. Maher said a coal barge broKe loose, from tno i:oouard and Alfred and wenfWK.Jre on South He.U\v .eii Island. He said that the union crew of, the tug Fuller, of the Barton Lighterage company, rescued a man and woman from the bargo before It went ashore. 82D WILL RETURN SOON. PrrshlnK Also Names Ambulance Sections for Knrly Convoy. Washington, March 17. Assignment to early convoy Home of the Blghty-se- c ond Division (Georgia, Alabama and Florida national army), was announced to-d- In a cablegram from Gen. Per- shing. Other units assigned included armv ambulance sections Nos. 570, 600, 521, i3u, ats, bu. nnu eui. Smith nnd Ilylan to llrvlciv Troops Gov, Smith and Mayor Hylan have accepted Invitations to review the parade or uroosiyn memoers oi me Twenty-sevent- h Division In that borough next Monday. William 11. Todd, u Brooklyn shipyard owner, started yesterday haul- ing lumber for the grandstand to be erected at his expense on the east side of Prospect Park from Union to Third street The Brooklyn Victory Celebra- - tlon Commlttco will extend tho stand fro mThlrd to Fifteenth street and pay the bills Itself. niir Wool Auction. Washington, March 17, About pounds of wool, representing a part of the surplus stocks held by the War Department, wlH be offered for salo In rnnaaeipma ,:m2.l70 Bn,?, 0n,4he next three, dara. a?f ? be LeWat'Bostofl. Germans in Paris Before ( iooe c v..uin..nn I . jraETZ man Empire will bo resur- rected more rapidly than most Seople think, Dr. Richard von former German For-cifr- n Minister, declares In a letter quoted by tho Echo de Paris. AccoTding to i the letter, Von Kuchlmann says that the former rullnft classes of Germany are still hopeful of retaining power. Tho letter says that events aro moving ns the writer anticipated earlier in the year when ho wrote that Marshal Foch had sheathed his sword and it would not bo necessary for Germany to fear France longer. Under favorable conditions, Von Kuchlmann is quoted as say- ing, tho Germans will be in Paris before 1925. BREWERS TO FIGHT DRY LAW TO FINISH Continued from First Past. mlssloner of Internal Revenue as of February 6 the following statement Is contained: \'Within the Intent of the act of November 21, 1918, a beverage con- taining one-ha- lf of 1 per cent, or more of alcohol by volume will be re- garded as Intoxicating.' \And in the regulation issued as of March 13 there is the following: \ 'Notice la hereby given that on the fourth day of March, 1919, the President of the United States ap- proved an order of the Secretary of the Treasury pertaining to the use of materials other than com of a grado Inferior to Federal Grade No. 6, in the manufacture of dis- tilled spirits and signed a proclama- tion relative to materials to be used In the manufacture of malt or cereal beverages containing less than one-ha- lf of 1 per cent of alcohol by volume. . . . \The effect of the proclamation referred to above Is to restore Im- mediately to brewers and other manu- facturers of cereal beverages contain- ing less than one-ba- lf of 1 per cent, of alcohol by volume tho right to use materials of any kind and grade, and In any quantity. In their manufactur- ing processes, whether on brewery premises or at Industrial distilleries or at vinegar factories. Duly quali- fied brewers may Immediately re- sume the manufacture of cereal bev- erages of the alcoholic strength herein stated, and this applies to manufacturers who are not brewers under whose process fomentation Is at all times kept below the limit of one-ha- lf of 1 \per cent of alcohol by volume. This privilege to brew- ers will continue only until May 1, 1919, after which the brewer cannot under the act of November 21, 1918, use any materials named In said act In manufacturing.' Commissioner's Power Denied. \In our opinion the effect of the Presi- dent's proclamation of March 4 Is not limited to malt or cereal beverages con- taining less than one-ha- lf of one per cent of alcohol by volume, assuming such beverage not to be In fact Intox- icating; and there Is nothing In euch proclamation or In the proclamation of January 30 to prevent the resumption of the manufacture of malt or cereal beverages which are not In fact Intoxi- cating even though the alcoholic strength be more than one-hn- lf of one per cent We know of no legal authority vested In the Commissioner of Internal Itee-nu- e or In any other executive officer to fix and determine conclusively what alcoholic contents or strength shall constitute a malt beverage Intoxicating within the Intent of the act of Concress of November 21, 1915. Tho test of one-ha- lf of one per cent of alcohol strength In the Revenue Acts of 1917 and 1918 Is solely for purposes of taxation. \The conclusion we have reached, therefore. Is that brewers may lawfully disregard the Interpretations placed by the Commissioner of Internal Revenue upon the act of Noember 21, 1918, and upon the President's proclamation above referred to In so far as such Interpreta- tion would prohibit the manufacture of malt beverages containing more than one-ha- lf of one per cent nnd not to ex- ceed 2.75 per cent of alcohol by weight or 3.3 per cent by volume. 'It Is proper for you to bear In mind that In view of said regulations of the Commissioner of Internal Revenue It Is probable that the Government will challenge the correctness of our opinion and conclusions, and may summarily at tempt or threaten to enforce the Com missioner's Interpretation. In such event we advise that a suit In equity be brought to enjoin any wrongful Inter ference with your business or arrest of your employees. The Supreme Court of tho United States has clearly decided that a suit may be thus brought against a Federal officer acting or threatening to act In excess of his authority or under an authority not validly conferred. It seems to us reasonable to assume that If such a suit were pending the Govern- ment would not proceed summarily by way of seizure or arrest, but would co operate to bring about a speedy deter mination by the courts of tho grave question Involved. You and your as- sociates aro certainly entitled to a day In court to assert your rights as advised by counsel, and an opportunity to have them determined by tho judges.\ Test Sails Are Anlhorlzrd. After this opinion had been approved by the conference resolutions were adoptrd amity!! So the InMtltutlorKMSs' lesx suns and oilier legal proceedings, such ns would be necessary to get a speedy determination by tho courts of the questions Involved, nnd recommend- ing that Individual brewers submit to the I.ager Urewers' Board of Trade the nature of proceedings threatened against them or which they themselves may be about to stnrt. In order that thero may be perfect harmony In the conduct of legal actions to protect the rights of the brewers. The decision of the brewers wns learned quickly by William II. Anderson, head of the Anti-Saloo- n League of this State. He Issued a statement In which he said : \The suit, with the Hon. Kllhu Root as counsel, to test the valldltv of the Fed- eral emergency prohibition statute, brought by a brewery stockholder against the management of the same brewery. Is a typical, clever corporation lawyer trick to flim-fla- and freeze out the public by having both sides of this case in brewery hands. If the decision Is against the constitutionality of the law the defendant has no object In ap- pealing. If the lower court upholds the law and the plaintiff appeals, then the defendant has no object In defending the appeal, \It Is evidently a scheme to enable the brewers so to shape both the state of facts and the record as' to give them- selves every possible advantage If the case does go to the United States Su- preme PomxX. The prohibition forces should worry, hotveve.r, ns It was the rerusai or tne Brewers to permit the passage of war prohibition and an honest food conservation act In 1917 that drove \ country to the adoption of the Fed- - tTul amenanient several years ahead of tt WOuW ordinarily lwro I TAX DELINOUENTS fJ- - CAN AVOID PENALTY Affidavit Must Bo Mado With- in Ten Days, Says Roper in Statement. LENIENCY TO BE SHOWN Partial Payment Privilege, However, Cannot Bo Ex- tended Now. Washington, March 17. Persons who neglected to pay tho first Instalment of Income taxes on or before last Baturday have lost the instalment payment privi- lege and must now pay their entire tax upon demand of a revenue collector. To avoid the penalty of 25 per cent. In addition to the regular tax persons who failed to file returns by Saturday may now submit belated returns with a sworn statement of the reason for delinquency. Without this the penalty will be Imposed. Those policies, announced y by Internal Revenue Commissioner Roper, are Intended to grant a degree of len- iency to those who for some legitimate reason failed to file their returns when they were due. By law, however, the In- stalment payment privilege is removed from all falling to make payments on time, and tho Internal revenue bureau has no authority to change this provi- sion. lloper Issues Statement. A revenue bureau statement In expla- nation follows: \Revenue collectors will accept all delinquent returns presented after March 15 and deposit any payment made therewith. Under law failure to make first payment by March 15 automatically makes the whole tax payable Immediately. Taxpayers fi- ling Income returns subsequent to March 15 therefore must pay In full, but If the taxpayer submits a partial payment he will be notified of the balance due later In the regular pro- cedure of listing and sending notices. \In reference to the penalty of 25 per cent, additional tax for all de- linquents the policy will be to pro- ceed sympathetically In accordance with the regulations permitting the taxpayer. If he desires, to file an affidavit within ten days explaining the cause of delinquency.\ The statement was taken to Indicate that persons who paid their taxes later man Saturday may have ns much as sixty days In which to pay the remain- ing three-quarter- Collectors to Use Discretion. Revenue Collectors have been In- structed to use their own discretion In determining what constitutes a reason- able cause for failure to make returns or payments on time. In some cities, according to reports reaching Commissioner Roper Collectors' offices were unablo to accom- modate the last hour rush of applicants and these returned y to file returns in person and make payments. In some of these cases It Is possible the require- ment that they pay all Instalments on demand may not be enforced. Reports y showed that hundreds of thousands of small taxpayers paid their entire taxes Saturday and failed to take advantage of the Instalment privi- lege. ACCOUNTS FOR FUND OF POLICE RESERVE Deputy Commissioner Wnllis Reports That $1)0,277 Was Expended on Uniforms. A detailed report submitted to Com- missioner Enrlght by Frederick A. Wal-li- s. Fourth Deputy Commlsston'.T. con- cerning what has been done lth the J377.C77 raised to equip the Police Re serves at the Field Day at Speedway August z nnti 31 last was made public yesterday. The money, so Com- missioner Wallls says, was deposited 'In the Harlem National Hank to the credit of the \Police Reserve Fund. Rodman Wanamaker, treasurer.\ Ho explains that owing to pressure of other duties Mr. Wanamaker asked to bp relieved from serving, and that the department named Alfred .1. Johnson. City Chamber- lain, ns treasurer In his mead. This became effective December S Inst. For the first four months, according to the report the money drew Interest at 2, per cent. At the end of that time It commenced to draw 3 per cent, and the Interest has been credited to the original fund. Mr. Wallls explains that the fund is so deposited that It cannot be drawn upon except on warrants by the Inspec- tor In charge of the Police Reserve, au- dited and countersigned by the Third Deputy Commissioner, nnd then only upon checks signed by Mr. Johnson, the treasurer. The delay In furnishing uniforms and equipment to the reserves, the report says, was due to the fart that nearly all Its ablebodled members became subject to the draft law when the age limit wns raised to 46 years on September 12. \The committee deemed It wise to await the new draft classification before ordering the uniforms.\ Commissioner Wallls pxplaliiSjVTo have ordered them .it this f1fl w'OUrtr have been a is?et,.essi expenditure of the funds entrusted to this department\ After conditions warranted It, the re. port recites, proposals for cloth were sent to twenty leading manufacturers and bids were asked. Uniforms were or- dered for 5,U4 nctlvo members of the teservc, together with 1,000 oftlcers\ overcoats; \There are. I understand,\ continues Commissioner Wnllls, \about 4,000 re- serves for whom uniforms have not been requisitioned. These 4.000 men, the commanding officer of the Police Reserve reported, were not considered sufficiently active to warrant the department pur- chasing their uniforms. Furthermore, the funds for the purchase of uniforms were not adequate to uniform the entire reserve.\ Attached to the report Is a statement showing the cost of each uniform to hn $29.13, It Includes cap, blouse, trousers, legglns, shoes and Insignia. The oft.' cers' overcoats cost $25,65 each. The total number of uniforms contracted for to date, tho report says, amounts to $207,282, The amount expended to date is given ns $90,277, with a balance of $287,000 still standing to the credit of tho fund. Comprehensive comprehensible likenesses. i576 FIFTH C0R.7S15T' VETERANS ORGANIZE \AMERICAN LEGION\ Army Delegates in Paris! Adopt Constitution. Paris, March 17. Representatives of the American Expeditionary Force meet- ing here to form a Society of the Vt-era- of the Great War adopted y a tentative constitution which will be In force for the troops in France until a national convention provides a perma- nent constitution. Tho tentative constitution which has been formulated says: \Those eligible for membership shall be all the officers and enlisted personnel of the military and naval services of the United States J m any umo curing me period irom April 6, 1917, until November 11, 1918, excepting those persons leaving tho ser- vice without an honorable discharge, or persons, who having been called Into the service, refused, ' failed or attempted to evade the full performance of such ser vice.\ This provision Is Interpreted as Includ- ing the members of the nursing corps, girl telegraph operators and field clerks, but not auxiliary welfare organizations. A committee was appointed to confer with the British and French veterans' associations with a view to international organisation. One of the objects will be to perpetuate peace. The three days caucus was concluded after the election of an executive com- mittee, the members of which were di vided equally between the enlisted men and the officers, with Col. Milton Fore- man of Illinois as chairman. This committee, working in coopera- tion with a similar committee named by the troops in the United States, will ar- range for a national Convention to be held November 11. Chicago Is favored as the place, but this has not been de- cided. Delegates will be elected for States and counties. It was decided to propose as the name of the organlzatl6n \The American Legion.\ The executive commtttee will meet here on April 7 to consider further plans for the convention. WARRANT ISSUED FOR DR. WILKINS Continued rom First Page. that a new will has been found. I know nothing about one.\ About the time that Mr. Weeks an- nounced that he proposed to make an ar- rest there was a report around Long Beach that detectives had bejn there questioning a man and woman formerly employed by Dr. and Mrs. Wllklns who were said to have entertained three sol- diers on furlough the night of the mur- der. Dr. Wllklns has said that three men took part In his wife's murder. Chief of Police Tracey of Long Beach said last night that he knew nothing about any visit by soldiers. Coroner Neu of Lynbrook will hear the testimony y of six persons liv- ing In the neighborhood of the Wllklns home at Long Beach. He said yester- day that he had been at the conference between Dr. Wllklns and Mr. Weeks on Saturday and that Dr. Wllklns then showed every disposition to disclose everything he knew. The story of Dr. Wllklmrs life was ob- tained from the physician by Mr. Weeks, according to the latter, piece by piece. In tho series of talks they have had since suspicion first was directed against him. He said, according to the District Attor- ney, that he was born at Gorham, Me., and was the son of a farmer. He got a common school education and at 15 went to work In Boston as a grocery clerk. Later he was an Insurance agent In Detroit, and then he moved on to Kalamazoo, Mich., where he got Into the employ of n comnany manufacturing: carpet sweepers. Eventually he became agent for that company In San Fran- cisco, and there he met and married Miss Grace ManBfleld. daughter of a farmer. According to air. Weeks. Dr. Wllklns said Miss Mansfield's father supported them, giving him $150 a month. In 1S86 Wllklns came to New York with his wife and got a Job as attendant at the State Hospital or the. Insane on Ward's Island. It was while employed there that ho studied medicine at the Bellevue Medical College, where he said ho was graduated. The couple returned to California In the early \90s and some time afterward, the District Attorney said Watklns told him, Mrs. Wllklns procured a divorce, alleging Opened Theatrical nonrdlnar House. After the divorce Dr. Wllklns said he moved to Los Angeles and practised medicine for two years, coming back to New York In 1893. He opened two the- atrical boarding houses here, according to tho District Attorney. They were In We'fjt Thirty-eight- h street, nnd It was there, according to Mr. Weeks, that Dr. WHklns met his second wife. This woman, he said, was Susanne Klrkland, an actress and mother of Oiletto Tyler, an actress, nald now to lie the wife of a diplomat and living In Washington. Mr. Weeks said Dr. Wllklns told him his second wife died of paralysis, but that tho physician was reticent and evasive In his answers about the second wife. After his second wife died Dr. Wll- klns moved to a house In West Flfty-secop- d street, and while he was living theri' met Mrs. .lulla Krauss, a widow, wno became the third Mrs Wllklns. That was In 1906. and sho Is the woman who was slain and of whoso murder Dr Wllklns Is accuspd. They met nt a re- ception, the District Attorney said Dr. Wllklns told him, and after the marriage Dr. Wilklns is said to have admitted he gavo up his practice to manage her estate. Under Dr. Wilkin handling, Mr. Weeks said, the third Mrs. Wllklns's es- tate Increased until, he said, It Is esti- mated now to bo wortli nearer $200,000 than the $65,000 mentioned ns being cov- ered in the original will. Nevertheless there aro mortgages which cut Its net value down to abo'lt $100,000. Almost from the time (Ttr.tfir mar'riaRe' untK4f murder Dr. Wllklns and his third wife lived in tho house In West Sixty-fourt- h street. The only known relatives surviv- ing Mrs. Wllklns, beside the physician, aro a nephew and a niece, who are brother nnd sister. The, nocordlng to tho District Attorney, aro Edward ntske, a lawyer, with offices at 165 Brondway. and Miss Emily Pltske. Testimony Regarding the practice of invest- ing while saving, a customer writes: \I would like to say that no kind of saving appeals to me fa docs your Partial Pay- ment Plan. \It grows in interest like a game one whhes to see how long ahead of time the first bond can be paid Tor, how soon one can begin on a second.\ i You can invest while you save. Send for Booklet B-1- \The Partial Payment Plan.\ John Muir & Co. snaxum In Odd Lots 61 Broadway, N.V SENATE ADVANCES JERSEY TUBE BILL Measure for $1,000,000 Goes to Third Beading as Democrats Oppose. Special Dttpateh to Tns Bcif. Albany, March 17. Tho Senate ad- vanced to the order of final pastage the Adlcr bill appropriating the first $1,000,000 of Cs'ew York State's share of the $12,000,000 vehicular tunnel from New York to New Jersey. Demo- crats from New York objected to ad vancement of the measure, but the Re- publicans Insisted that It be progressed, and by n vote of 24 to 11 the bill went to the third reading calendar. Before action was taken Senator Henry M. Sage, chairman of the Finance Committee, amended It so as to provide definitely that the tunnel should be for the exclusive use of pedestrians and ve hicles \not operated by public service corporations,\ as there have been sug- gestions that certain railroad Interests might try to grab a right of way for constructing tracks through the tunnel. By another amendment Frank M. Williams, State Engineer, Is made an member of the tunnel com- mission In order to give expert advice, and the present tunnel commission of flvo, headed by George R. Dyer, Is to be retained Instead of giving tho Governor the power to name a new commission of eight members. Democratic opposition to the tunnel bill was a complete surprise to every- body. The recommendation of Gov. Smith's Reconstruction Commission on the tunnel has not been made public. Senator Bernard Downing, New York, suggested provision be made for a refer- endum to the people of the State before the bill Is passed . Senator Sage showed this Is Impossi- ble, as there must be a bond issue of $10,000,000 or more submitted next fall In order to get the Federal Government's appropriation of a like amount for Fed- eral roads In this State, and only one bond Issue can be submitted at a general election. Senator John\ J. Boylan, acting Demo- cratic leader, made a plea for delay In advancing the bill, and declared Senator Sage had promised him It would be passed late In the session so the Gov- ernor would have thirty days to con- sider It before taking action. Senator Sage said Senator Boylan must be mis- taken, as he never made such an agree- ment Senator Adel declared that construc- tion of the tunnel to Jersey would mean desertion of Long Island and settlement of Jersey. He said that many people and manufacturing plents already had pur- chased sites on the Jersey meadows. BURLESON'S 'PHONE v RAISE TO BE TESTED Supreme Court Will Pass On His Authority. Washington, March 17. Authority of Postmaster-Gener- Burleson to In- crease telephone rates throughout the country Is to be determined by tho Su- preme Court, which y granted the State of Kansas permission to institute original proceedings against the Postma- ster-General questioning the validity of his order of December 13 last estab- lishing new toll rates. The court ordered that a return be made at the next term In October. While the proceedings directly affect only the carrying out of the order in Kansas by the Southwestern Bell Tele-phon- o Company, the questions Involved touch every State. The Kansas contention l that the Postmaster-Gener- is without authority to fix Interstate rates and that If euch authority was conferred by the resolu- tion and the proclamation both nrc un- constitutional. State railroad commissioners had planned to arrange a suit to test the right of the Railroad Administration to prescribe Intrastate rates, following the same legal procedure as that of the Kansas telephone case, providing the Supreme Court admitted the Kansas case. Since this cannot be heard until the October term, however, It Is probable that some other suit will be arranged by the State commls'loners nnd the Rail- road Administration. mi G. 0. P. LEGISLATORS BLOCK SMITH BILLS. Servo Notice on Governor He! Can Have Money Onljr Under JTorcland Act. Hi I Special DeepatcK to Tas Be. ' Albant, March 17. Republicans An ttclpated Democratic, efforts to) procure favorable action on Gov. Smith' request for $60,000 for expenses for the Elkus Reconstruction Commission by. agreeing to stand aa a unit In opposing motions to be, mado by the Democratic leaders In the Senate and' Assembly to get action on the recon- struction measure. As the Republicans control both houses the Democratlo Is headed for failure. It Is understood that on Wednesday the Democrats will make the same ef- fort to pass the bill throwing narcotlo drug control under the State Health De- partment and abolishing the State Nar- cotlo Drug Commission, which Is or- ganized by Republicans. The Republican Assemblymen at conference on the subject of the Governor's legislation voted unani- mously against the reconstruction com- mission appropriation and against any effort that might be made to take any of the Governor's bills from tho com- mittees considering them. In announcing the result of the As- sembly Republican conference Speaker Sweet said there was no deslro to ham- - per Gov, Smith. \We havo Informed the Governor,\ tha Speaker Bald, \that any money he Want to make Investigations Of State depart- ments under the Moreland act will be forthcoming, but we will not give him funds for the reconstruction commis- sion.\ Tho Assembly passed the McEUIgott resolution to amend the Constitution br requiring that one of the quallcatlons of a city voter must be a residence In ths city for the last four months preceding the election, as well as being a resident of the county. The Assembly passed a resolution of- fered by Assemblyman Thomas A. of Nassau calling upon the Fed- eral Government to prevent \any up- ward revision In freight rates upon ma- terials entering Into the construction of public works.\ and If compatible with the public Interest to lower the rates on these articles. United States Senator Calder visited the Legislature and spoke briefly, saying that tills State must he keenly alive to the proposition presented by the Western States to have the prac- ticability of a ship canal via the St Lawrence Investigated. \We must see to It,\ Senator Calder declared, \that If nre are to have a wa- terway to connect tho lakes with the ocean It goes through the territory of the United States. This Legislature must he alive to the danger of an ocean-wa- y from the Atlantic through the Bt Lawrence.\ The legislature adjourned In respect of the memory of St Patrick. ANDERSON READY FOR PROBE. Antl-Snlno- n I.rnnuer Denies Lia- bility Under Lobby Art. Sprcial Dmpatci to Tns Six Ai.bant, March IT. William H. An- derson, State superintendent of the Anti-Salo- League, said In refer- ence to reiinrts that an effort Is planned fo have aij Investigation made of his or- ganization because It did not file reports last autumn under the corrupt practices act that the league considered the course it followed Wiu wholly legal \VV considered that very carefully,\ Anderson declared, \and oncluded that there was no requirement upon us. If they want to Investigate they will not have to go outside tho State to find me \ Tho announcement of John D. Rocke- feller. Jr.. that his father and himself In the last twenty years contributed about $350,000 to all branches of the league. Anderson said, shows that tho Rockefeller contributions \have been on a seals which Is not out of proportion to the fifty cents a month contributed by the average church members \ A total of 50,000 contribute to the league, he said. '1 Uptown Banking for Uptown Men and Women ill Bankers Trust Company T TPTOWN New York is a great bus- - iness district. It is filled with busy men and women who seldom leave the district during business hours. They must have the best of banking facilities and must have them UPTOWN. The center of this district, and therefore the handiest banking location is FIFTH AVENUE and FORTY-SECON- D STREET, That is where the Astor Trust Office of the Bankers Trust Company is located. There you can obtain every service in banking, trusts and investments offered by Bankers Trust Company Member Federal Reserve System to 9 f- A. .1 ,T n U1 ,1
