Cortland Evening Standard, Tuesday, October 24, 1899.
ALLEGED ELECTION FRAUDS.
Governor Roosevelt Asked to Convene a Special Grand Jury to Investigate.
ALBANY, Oct. 24.—Attorney General Davies, upon the report submitted to him by his deputy Mr. Coyne, recommended to the governor that he call an extraordinary term of the supreme court to convene a special grand jury to investigate the alleged frauds committed at the primary elections of the Democratic party in the Ninth assembly district in New York city and also other alleged registration frauds.
Deputy Attorney General Coyne who was designated by his chief to prosecute these cases, on complaint of Leader John C. Sheehan, said that he has abundance of evidence to submit to the grand jury of not only primary and registration frauds committed in the metropolitan districts, but other violations as well. What these other violations are, Attorney General Davies refused to state.
Governor Roosevelt in dwelling on the result of Mr. Coyne's investigations said he understood that there were a dozen cases at least to bring to the attention of a special jury six of which are confined to the Ninth assembly district. The governor furthermore said that the accused, be they Republican or Democrat, should they be found guilty, will receive the full penalty of the law. "And there are some of these cases," he grimly remarked, "if evidence be not sufficient to secure an indictment, then to my mind it will be a miscarriage of justice."
Upon his return from Maryland the latter part of the week, the governor will issue a proclamation convening an extraordinary session of the supreme court and designating the justice who will hold it.
EDUCATIONAL LAWS.
A Commission Appointed by Governor Roosevelt to Revise Them.
ALBANY, Oct. 24.—After a conference with Senator Horace White of Syracuse, Governor Roosevelt announced he had appointed a commission to revise the educational laws of the state, or in other words, to devise a scheme for a unified system of education. The report will be submitted to the governor during the coming legislative session.
The commission will consist of Frederick W. Holls, chairman, who was secretary to the peace conference to The Hague, and chairman of the committee on education of the constitutional convention; Deputy State Superintendent of Public Instruction Ainsworth; Secretary Dewey of the state regents; Supreme Court Justice Joseph F. Daly of New York city; ex-Senator Daniel H. McMillan of Buffalo, also a member of the constitutional convention; Robert F. Wilkinson of Poughkeepsie, who was chairman of the commission on cities of the third class, and William Kerman of Utica, a well known lawyer in the state.
The governor thinks that a commission will be more apt to devise a scheme than the legislators, who are subjected to political influences.
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| American Baseball. |
PAGE TWO—EDITORIALS.
The National League Season.
The National league baseball season just closed, when all things connected therewith have been duly considered, has been remarkably successful. All of the clubs, if the statements of the interested officials be accepted, have made a fair margin of profit, with the exception of the Cleveland club, and even that outcast, which from lack of home patronage was compelled to transfer many of its games to other cities, came out even financially, and this in spite of the fact that the game was conducted, as a rule, on decidedly unsportsmanlike lines.
At the beginning of the season the public was assured, with a loud flourish of trumpets, that revised methods were to obtain and that rowdyism and disorder were to be eliminated from the game, and the magnates all signed an agreement pledging themselves to enforce the rules and to do all they could to bring about this much to be desired condition of baseball affairs.
How well this agreement was not kept the stories of the game from day to day conclusively proved. From the very start of the season the rowdy element seemed to dominate the green diamond, and the records of the games were punctuated with reports of abuse of umpires, fines and ejectments of unruly or profane players from the field and forfeitures of games for open and persistent defiance of the rulings of the much abused umpire. This seeming contempt for the desires of the sport loving patrons of the game continued till the end of the season, the very last game between the now champion Brooklyns and the Baltimores being marked by a disgraceful disregard for the ruling of the umpire by the players and the forfeiture of the game after only one and a half innings had been played. And yet the game on the whole has prospered.
Another cause for dissatisfaction with the manner in which baseball is now managed is syndicate ownership of clubs. Where one man or one set of men own or control or are interested financially in clubs in two or more cities there will always be the possibility, and hence suspicion, of jockeying or hippodroming. The owners of the clubs are men of integrity and unquestionable honesty, and it is beyond belief that any one of them would resort to questionable methods to enrich himself. But in syndicate ownership of clubs the opportunity for suspicion is present, and it should be at once and forever removed.
If with the unsatisfactory conditions which prevailed during the last season the game can flourish and pay large financial dividends, why would it not be wise for the magnates to consider what would be the result if they reformed the abuses which have disgusted many of the cranks even, and showed an honest desire to cater to the wishes of the numerous patrons of the national game? And while considering that momentous question it might be well for them to ponder on what will ultimately be the result if the game is allowed to go from bad to worse. It is hard to kill baseball, but it can be killed.
Into Faster Company.
Gilbert, who played second base for Utica in the State league this season, has been drafted by Louisville in the National league for next year. Tamsett, who covered third for Rome, goes to Worcester in the Eastern league.
Fred Ketchum of Cortland, who played the last fifteen games with Louisville, showed up well in stick work, being thirty-sixth on the list of National league players and having a batting average of .311. His fielding average was 1.000 and he had four stolen bases to his credit.
DIED FROM APOPLEXY.
Strained Position on the Floor Caused Dark Color.
Coroner Moore returned on the 10:45 train last night from Marathon, where he had been to view the remains of Homer Pittsley, as the man proved to be, instead of John Pixley, as the name was first sent to him. He found that the cause of death was apoplexy and that there were no indications of poisoning in the case at all. The very dark color of the face which roused the suspicions of the first men summoned and also of the undertaker, Dr. Moore found was due to the blood rushing to the head and to the fact that when he got out of bed, as he evidently did when be felt the first signs of illness, he fell forward on his knees with his head down toward the floor and died in that position. He was a very heavy man and his wife who was of slender build was unable to raise him to the bed. He was 29 years old, and is survived by his wife and two little girls. The 10-year-old boy whom Mrs. Pittsley attempted to send for help in the night was her brother who was staying with them. Dr. Moore decided that no inquest was necessary.
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| Cortland Normal School. |
LECTURE THURSDAY NIGHT.
Dr. Winship at Normal Hall on "Capacity, Training and Character."
Dr. A. E. Winship of Boston, Mass., editor of the New England Journal of Education, one of the foremost lecturers and writers on educational subjects of the present time, has been engaged to deliver a lecture at Normal hall Thursday evening of this week. Dr. Winship is a most entertaining and interesting speaker, possessing unusual oratorical ability. He is the editor of one of the most popular educational journals of the present time. The people of Cortland interested in educational affairs consider themselves fortunate in being able to secure the services of Dr. Winship. His subject will be "Capacity, Training and Character." While intended particularly for student in the Normal school and for older students in the public schools, any one interested in education will be welcome. The admission to those outside the schools will be 25 cents. This is a rare opportunity to hear a fine speaker discuss a great subject.
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| S. N. Holden. |
TEMPORARY INJUNCTION
SERVED UPON THE VILLAGE OF CORTLAND.
Action Brought by Lewis S. Hayes Concerning the Main-st. Paving—Twenty-five Reasons Assigned Why Mr. Hayes Should Not Pay His Assessments—Judge Eggleston Grants a Temporary Injunction.
As President of Cortland Village S. N. Holden arose from his dinner this noon in his usual happy mood upon such occasions; he was waited upon by Sheriff Brainard and treated to a form of dessert which was not on his daily menu. The sheriff placed in his hand with his compliments a voluminous looking legal document which bore upon its cover the inscription "Lewis S. Hayes vs. The Village of Cortland and Schuyler P. Bulkley as collector of the said village of Cortland."
This was the first step in the legal complications growing out of the paving of Main-st. last season, and the attempt to collect the first installment of the assessments levied against the abutting property holders.
The document which the sheriff put in Mr. Holden's possession was two-fold in character. The first four pages of it was a temporary injunction granted this morning by County Judge Eggleston restraining till the further order of the court the village and the collector of the village from any attempt to collect the assessments levied against Lewis S. Hayes for the paving opposite three parcels of his property on Main-st. and for making two sewer connections upon such property.
The second part of the document was a complaint against the village for attempting to collect the assessments. It was a lengthy affair, comprising seventy-three folios of type written copy in which the plaintiff after a long preliminary presented twenty-five reasons why he should not pay the assessment, and why the assessment as levied was illegal and should be void. A brief summary of these reasons is as follows:
First—That the village of Cortland and the board of trustees did not have and never acquired nor obtained any power, authority or jurisdiction to pave Main-st. in the village of Cortland or any part thereof with asphalt or other material nor to assess the cost or expense thereof upon the several lots fronting on Main-st., nor to make connections between the plaintiffs lots with sewer pipe on main nor to assess the plaintiff with the cost or expense of such connections for the reason that there was not and never has been presented to the board of trustees of the village of Cortland at a regular meeting a written petition signed by bona fide owners of the lands fronting on Main-st., the lineal feet front of whose lands constitute at least one-half of all the feet front of the lands fronting on Main-st. praying that said board of trustees cause the paving of said street.
Second—That the village of Cortland and board of trustees never had and never acquired any power to contract with any person to pave the street or make sewer connections for the reason that no such petition as described above was even presented to the board.
Third—That no petition required by said chapter 157 of the laws of 1896 of this state for the paving of Main-st., or any part or portion thereof was ever presented to the board of trustees asking for the paving of said Main-st. or any part thereof.
Fourth—That the paving of Main-st has never been completed as asked for in any petition presented to said board of trustees of said village nor as set forth in the advertisement for bids therefore nor as bid for by the various persons bidding.
Fifth—There are illegally included in said assessments against this plaintiff large charges and expenses other than the actual cost and expense of paving Main-st.
Sixth—Each of the assessments for the paving of Main-st. is largely in excess of and more than the benefit to said lots of this plaintiff and largely in excess of and more than the value of said paving to the lands of this plaintiff.
Seventh—Persons not bona fide owners of lands fronting on Main-st. signed the petition and became petitioners for the paving of Main-st. and their names were illegally received and accepted by the board of trustees.
Eighth—That the petition presented to the board of trustees for paving Main-st. was not acted on at the next regular meeting of the trustees nor at some adjourned meeting after the public hearing as required by law.
Ninth—That the trustees never acquired jurisdiction to act upon, decide or determine to pave Main-st.
Tenth—That the trustees by failing to comply with the statute lost all jurisdiction, power and authority to act upon the petition presented to them therefore or to pave the said street or to make a contract therefore or to pay therefore or to assess the cost and expense thereof upon the property of abutting landholders.
Eleventh—The trustees did not fix the salary of Engineer Allen as required by statute but gave him power to fix his own compensation and plaintiff charges that the cost was materially enlarged thereby.
Twelfth—In making assessments for the cost the trustees did not appoint any day for the hearing of grievances and plaintiff was deprived of his right to state and prove his objections.
Thirteenth—Plaintiff charges that the sum charged him for making sewer connections was in excess of the actual cost and expense therefor including labor and materials.
Fourteenth—That the sum assessed the plaintiff is largely in excess of his fair share of the actual cost.
Fifteenth—That the sum assessed the plaintiff is largely in excess of the benefits he can derive therefrom, and is not made in proportion to the benefits received or derived from such paving.
Sixteenth—That the apportionment of assessment upon the property abutting on Main-st., is not in proportion to the benefit derived by the several lots and lot owners and is not in proportion to the tax assessments levied upon the several pieces of property.
Seventeenth—That the apportionment of the assessment against the property of this plaintiff is not in proportion to that assessed upon other lots on the same street, but is largely in excess thereof.
Eighteenth—That the sum assessed upon the property of the plaintiff is largely in excess of his fair share of the actual cost of paving the street.
Nineteenth—That the price charged, assessed or alleged to have been paid for the work and materials for which said several assessments were made was greater than the regular price for labor and material for such purposes.
Twentieth—That said assessments include charges for work and materials which were not in fact done or furnished and which are not legally chargeable and assessable in whole or in part on the abutting property.
Twenty-first—That the trustees did not after making the alleged contract for paving the street or at any other time ascertain or determine as near as may be the entire actual and correct cost and expense of paving the street.
Twenty-second—That the paving of the street has not been completed and material has not been furnished according to the alleged contract.
Twenty-third—That the trustees in making the several assessments adopted and acted upon an erroneous or illegal method of apportioning the cost whereby the assessment upon this plaintiff is largely increased.
Twenty-fourth—That no notice was ever issued, published or advertised by the trustees of the making and completing of said assessments notifying the persons affected of the time and place where they could meet to present objections to the assessment.
Twenty-fifth—That the proceedings taken by the trustees in ordering the paving of Main-st., in determining to pave, in contracting for the paving, in incurring the expense, or levying the assessment though apparently regular and legal and within the power, authority and jurisdiction of the trustees, in fact were not and are not in conformity with the requirements of the statute herein before mentioned, and that the plaintiff further alleges that said assessments are wholly irregular, illegal and void and a cloud upon his title to the lots and parcels of lands.
Wherefore the plaintiff prays the decree of the court that all these charges for paving and for sewer connections be declared invalid, null and void and no lien against the plaintiff's property.
The plaintiff's attorney is B. T. Wright. President Holden will at once refer the matter to the village attorneys, Kellogg &Van Hoesen, and his future action will be governed by their advice.
BREVITIES.
—The Ladies' Literary club will meet to-morrow afternoon at 3:30 o'clock with Mrs. C. P. Walrad, 13 Lincoln-ave.
—New display advertisements to-day are—Buck & Lane, Andes stoves, page 6; Warren, Tanner & Co., Kid gloves, page 7.
—A regular convocation of Cortland chapter, No. 194, R. A. M., will be held Wednesday evening. The M. M. degree will he conferred.
—The Mothers' meeting (north) will be held Wednesday afternoon, Oct. 25, at the home of Mrs. Stearns, 65 Groton-ave. instead of Mrs. Lowell's, commencing at 3 o'clock.
—Two youths, giving their names as Michael Fahey of Ithaca and David Haight of Trumansburg occupied a police station cell last night and were this morning ordered out of town.
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