 |
| New York State Attorney General John Cunneen. |
Cortland Evening Standard, Wednesday, August 5, 1903.
BURIAL ASSOCIATIONS.
Subject to Supervision of Insurance Department.
BARRETT COMPANY OF OLEAN, N. Y.
Attorney General Cunneen Declared Last February That the Company Was Doing an Unlawful Business and Judge Herrick Sustains Superintendent in an Action.
Albany, N. Y. Aug. 5.—Within the past past few months a number of so-called burial associations have sprung up in various parts of the state. These associations are generally conducted upon the co-operative plan. Formerly persons joining the association were issued certificates of membership entitling the holder to burial for $100, which sum was to be raised by assessments upon the surviving members.
The matter was brought to the attention of the insurance department. The attorney general advised the superintendent of insurance that the business carried on by the burial associations was insurance and that it could not be lawfully carried on without complying with the provision of the insurance law and obtaining the certificate of the superintendent of insurance.
Not all of the associations were inclined to adopt this view of the law.
Messrs. C. L. Barrett company of Olean, the official undertakers for the National Co-Operative Burial association of the place, organized a corporation under the business corporation law, for the purpose of carrying on the "business of directing funerals. The Corporation then entered into contracts with upwards of 1,000 people in consideration of the payment of each contract holder of the sum of 12 cents at the time of the execution of the contract and a further sum of 12 cents upon the death of any of the contract holders, and to furnish each "with the necessary attendance, casket, direction, equipage and all the essentials of a burial and to expend upon such burial the sum of $100."
The matter was again referred to the attorney general and the superintendent of insurance was advised by Attorney General Cunneen in February last that the business conducted by the C. L. Barrett company under the latest scheme was still the business of insurance and could not lawfully be carried on without a certificate of authority from the superintendent of insurance, and action was brought.
Justice Herrick handed down a memorandum directing judgment for the plaintiff as demanded in the complaint and declaring the business unlawful.
Meeting of Catholic Societies.
Atlantic City, N. J., Aug. 5.—The American Federation of Catholic societies sent a letter of thanks to President Roosevelt for his recent letter to the society. Resolutions were adopted declaring for the full independence of the papal see from civil government, condemning Socialism and declaring against the laxity of the divorce laws. At a public lecture last night Catholics and Protestants cheered mention of Pius X.
 |
| Pope Pius X. |
PAGE FOUR—EDITORIAL.
The New Pope.
Joseph Sarto, a cardinal who has been the Patriarch of Venice, was elected Pope Tuesday. He was chosen on the seventh ballot since the conclave began its sessions on Saturday. The cardinals were locked in on Friday night and took two ballets on Saturday, Sunday and Monday each. The opening ballet Tuesday resulted in the choice announced.
Already interesting facts or myths, compatible with the facts of his life, are multiplied around the new pontiff. Not the least interesting is the authentic statement which appeared in the dispatch columns yesterday that Leo XIII, many months ago, said to Father Perosi concerning Cardinal Sarto: "Hold him very dear, Perosi, as in the future he will be able to do much for you. I firmly believe he will be my successor." Perosi is a priest and a musical composer, whom Cardinal Sarto befriended and promoted. The composer as a musician naturally had an interest in obtaining the commendation of the powerful and the great. The thoughtful Leo XIII saw this as well as saw—or foresaw—the play of interests and of forces likely to result in the choice of Sarto as the next Pope.
This authenticated statement, says the Brooklyn Eagle, will magnify the election of the cardinal in the opinion of mankind. It will redound to the credit of Leo for sagacity. It will create for Leo's successor the repute of being Leo's choice. It will cause the policy of the new pontiff, whatever it may be, to be regarded as the evolution of the intents of Leo XIII. The Pope just chosen will be able to capitalize for his owe reign the successes of the reign of his immediate predecessor.
FIREMEN BANQUET.
Fine Spread at the National Hotel and a Good Time.
BUSINESS SESSION CONTINUED.
Commendation of a Life Saver—Amendments to State Laws—School for Firemen—Date for Having Convention Changed—Tomorrow's Program.
Homer, N. Y., Aug. 5.—The Central New York Volunteer Firemen's convention opened yesterday afternoon at 2:30 and after the roll call of delegates Rev. L. J. Christler of Auburn was given the privilege of the floor, and introduced a set of resolutions which he had drawn up, commemorating the bravery and expressing thanks of the association to Wm. Hotchkiss of Auburn, N. Y., who saved the lives of Mr. Christler and his sister from death by fire this last spring. The resolutions were adopted by the convention.
The president gave his report recommending a school for firemen, noting the danger of gasoline, and advising the passage of a law against the unrestricted sale.
Frank M. Baker for the committee on laws and legislation reported the passage of a law amending Article 3 of the insurance laws of the state.
Mr. Cole of Ithaca, reporting for the committee on rules and regulations, gave the reason for prohibiting the use of spikes and running suits in races.
The action of the committee in regard to the races was endorsed by the convention.
Frank M. Baker gave a lengthy article upon the Firemen's Home, its aims and its condition.
Upon motion of Mr. Cole, it was voted to change the date for holding the convention from the first Tuesday in August to the last Tuesday in July. The reason for the change is that the old date yearly conflicts with the annual school meetings.
The question box was then opened, and the following questions generally discussed.
1. What benefit is derived from a Firemen's association?
2. What constitutes an efficient fire department equipment in a village?
3. What is the best method of preventing false alarms?
At this point adjournment was taken until this morning at 9:30. The business of the convention was carried on expeditiously, and a business like air pervaded the entire session.
The Banquet.
The banquet tendered the delegates at the National hotel last evening was a most enjoyable one. Notwithstanding the fact that several of the after dinner speeches which were slated were necessarily omitted, there was an abundance of talent present, and the various speakers were listened to with interest until the small hours of the morning.
The banquet was served in the dining parlors of the National hotel [Mansion House], two tables being set the entire length of the room. The walls were decorated with the national colors, and a red carnation was at each plate. About sixty sat down to the banquet, which was an elaborate one and well served. Following is the menu:
Crystal Den.
When the array of delicacies had been disposed of E. W. Hyatt, acting as toastmaster arose, and addressed the assembly. Referring to the absence of a toast list, Mr. Hyatt told of the disappointments which the committee had met with in securing after dinner speakers, Judge Eggleston, who is always at home and at his best in an assembly of this kind, was at the last moment indisposed and unable to be present. Edwin Duffey, another one of Cortland's popular orators, was unavoidably detained. Hon. Nathan L. Miller, the state comptroller, was also absent, detained by business. Mr. Hyatt, however, thought there was no dearth of talent present. He accordingly called upon the president of the association, D. S. Mersereau, who responded in a few words of appreciation of Homer's efforts in entertaining the convention.
President Newton was then called upon, and, although be said that he had attended the banquet upon the express condition that he should not be asked to respond to a toast, he did respond in a most interesting way, saying that he would recall some of the fires and illuminations which he had seen during a long life time. He told of the first fire of which he had any remembrances, occurring in 1832 in his native town in New England. He recalled being in New York in the forties just after the news of several American victories against Mexico. At that time all illuminations were necessarily made by means of candles, a candle being placed behind each window. The buildings of the New York Sun, and the New York Herald stood just across corners from each other, and each was anxious to get its building illuminated first. Mr. Newton was a close friend of one of the owners of The Sun at that time, and was asked by them to help illuminate. The Sun beat its rival. At that time he also ran with the "Big 6," a famous hose company of that city. Referring to the Tempest engine, an exhibition of which will be given tomorrow, he said he had always had a great deal of respect for it ever since the burning of the "Great Western" in this village, when it did valiant work.
Mr. Creque of Homer was called upon to sing, and he gave, "Mammy only Loves Her Boy," and as an encore, "Trouble." He was listened to with pleasure.
Mr. Schoonmaker was called upon and in a few words told of the present impetus which the organization has taken, and predicted continued prosperity.
In introducing Mr. Cole of Ithaca, Mr. Hyatt referred to the rumor, in circulation a short time ago, to the effect that the Ithaca companies would attend the Geneva convention. Mr. Cole stated emphatically the allegiance of Ithaca to the C. N. Y. V. F. A.
The closing response was given by Rev. L. J. Christler of Auburn, who took as a topic "Evolution." He told of the joys of comradeship, of the right thinking and right living. He was heartily applauded.
An orchestra was in attendance and played throughout the evening.
Tomorrow's Program.
The business session of the convention will terminate this afternoon and will be followed by a review of the Homer fire department, an exhibition run and exhibition drill. A ball game between the All-Homer and All-Cortland is also slated. The program tomorrow follows.
Thursday, August 6th.
Hose Race, 9:30 a. m.—First prize, silk parade banner, valued at $75; second prize, roll top desk, quartered oak, valued at $35.
Hub and Hub Race, 10 a. m.—First prize, a U. S. silk flag, valued at $35; second prize, fireman's silver trumpet valued at $30.
Amateur Hose Race, 10:30 a. m.—First prize, onyx clock valued at $35; second prize, fireman's trumpet valued at $25.
Prize Drill, 11 a. m.—First prize, silk parade banner worth $75; second prize, roll top desk, quartered oak, valued at $35.
Grand Parade.
At 2:30 p. m. will occur the grand parade.
At 2:00 p. m. the various companies will rendezvous as follows: (Signal to start for position will be four taps on alarm bell.)
First division form on east side of North Main-st., right resting at National hotel.
Second division form on west side of North Main-st., right resting on Clinton.
Third division form on Clinton-st., right resting on Main.
Fourth division form on Mill-st., right resting on Main.
Fifth division form on Elm-ave., right resting on Main,
Sixth division form on Wall-st., right resting on Main.
Line of March.
Line will form on North Main-st., and move south to Cayuga, west on Cayuga to Williams, north on Williams to James, through James to Main, north on Main to Clinton, through Clinton to Warren, through Warren to Main, south on Main to Copeland-ave., and counter-march to Clinton-st., when the parade will be dismissed.
Directly after the parade will occur an exhibition of the oldest fire engine in America. This machine was brought over on the Mayflower, as the dates underneath the machine silently testify. Some of the firemen who man this machine also accompanied the engine across the pond. Don't miss it.
TELEPHONE PERMIT
Voted to the American Telephone and Telegraph Co.
BY THE CITY'S COMMON COUNCIL.
Mayor Brown Declines to Sign the Resolution Yet State Law Gives Permission Enough, it is Claimed, What More is Necessary—A Lively Discussion—New Arc Lights Placed—Routine Business Transacted.
The regular meeting of the common council was held in the office of the city clerk last evening. Those present were Mayor Chas. F. Brown, Aldermen E. M. Yager, E. R. Wright, Geo. F. Richards, C. E. Ingalls, R. S. Pettigrew and Vern W. Skeele. City Attorney Fred Hatch was also present. The council was called to order by Mayor Brown and the minutes of the preceding meeting read and approved.
Charity Commissioner H. T. Bushnell read his monthly report which was accepted, on motion of Alderman Ingalls. The report showed that eighteen families comprising forty-nine persons had received aid during the month of July.
The bill from the Cortland hospital for caring for Miss Lena Webber was next brought up. Miss Webber died at the hospital last April. The bill had been paid with the exception of a balance of $29. As the hospital has made no charges for caring for one or two patients who have been taken there of late, the council thought it was justified in auditing the bill, which was done, on motion of Alderman Skeele.
New Arc Lights Placed.
A delegation of citizens living across the river on Rickard-st. and vicinity came before the council and petitioned for an arc lamp. They said that they had paid taxes for years and had never asked for anything before and said that it was very dark over there, etc. Alderman Ingalls said that he had looked into the matter and that the light was needed. On motion of Alderman Skeele, a lamp was ordered to be placed there. On motion of Alderman Ingalls, it was decided to put a lamp on Orchard-st. The street is very dark and unlighted and the need for it was apparent to all.
City Chamberlain G. J. Maycumber read his report for July which was accepted.
Mayor Brown named S. N. Holden and L. W. Peck as the two appointive assessors of the city.
Telephone Permit Asked For.
T. H. Dowd, attorney for, and W. S. James, agent of the American Telephone and Telegraph Co. came before the board and asked for permission to set poles, string wires, etc., through the streets of Cortland.
T. H. Dowd, attorney for the company, said that the company was a long distance telephone company; that its lines extend through thirty-six states, covering all the eastern states and going as far west as Kansas City. He said that the company had asked for a franchise fifteen years ago, but that for some reason the village board had refused to grant the franchise. He stated that the company did not want to go into local work at all, but simply wanted to increase Cortland's communication with the outside world. The company makes a practice of leasing wires to individuals or firms for long or short periods of time, and local business or manufacturing firms could then have a wire of their own if they wished.
Mr. Dowd presented the following resolution and asked that it be adopted:
Be it resolved by the common council of the city of Cortland, N. Y., that the American Telephone & Telegraph Co., its successors or assigns, be and the same are granted the right, privilege and authority to construct, operate and maintain its lines of poles, wires and fixtures upon, along, over, and under the public highways of the city of Cortland, viz.:
Sec. I. All poles should be reasonably straight; they shall be located under the direction of the board of public works of the city of Cortland and shall not be so placed as to interfere with public travel, impede the flow of water in ditches or drains, or obstruct entrances to gateways, driveways and no additional poles shall be erected on Main-st.
Sec. II. Said company shall be subject to all general ordinances now in existence or that may hereafter be passed regulating the use of public highways or other public highways in said city.
Sec. III. Said company shall hold said city free and harmless at any and all times from any and all damages or claims caused by the construction or negligent maintenance of said lines in said city.
Sec. IV. Said city shall have the right to attach the wires of its fire alarm, and police telegraph system to any and all poles erected under the provisions of the resolution.
F. V. Bennett of the local Home Telephone Co. was present and asked the council to defer action two weeks, until its next meeting. He said that he did not appear in opposition to the petitioning company, but as his own attorney is out of town he would like to have the council defer action until it could look into the matter.
Mr. Dowd replied that the laws of 1900 gives any company the right to set poles, string wires, etc., in any city, but that this company simply desired the sanction of the common council and without it the company would not come.
City Attorney Hatch was called on for his opinion. Ile advised the council to take time and look into the matter. The company does not in any case, he said, need the permission of the city as the state gives any telephone company the right to enter a city and that the citys permission could neither help nor hinder. He read a decision rendered by Kellogg & Van Hoesen three years ago, when they were city attorneys, to this effect and read the law covering the matter.
Mayor Brown said that he though it desirable to wait. There was no hurry about the matter; the local company is giving good service and he thought it no more than right to listen to its request. He would like to be better informed in the matter before acting.
To bring the matter before the council, Alderman Skeele moved the adoption of the resolution, seconded by Alderman Richards. After some discussion Alderman Ingalls moved to lay the resolution on the table for two weeks. The latter motion was not seconded. The ayes and nays on the original motion were called for and every alderman voted aye.
The Home Telephone Co., through Mr. Bennett, immediately asked for a similar resolution for his company. A similar request was made by this company and denied a few years ago and the company put in its service under the state law which gave it the right to do so. But as Mr. Bennett was present last night only on his own authority the matter was deferred.
The following bills were then audited and ordered paid:
The debris on Crawford-st., remaining from the burning of the Novelty works, was declared a public nuisance and ordered removed.
The council then adjourned.
After the council adjourned Mr. James, for the American Telephone and Telegraph company, asked Mayor Brown to sign the resolution at once. This the mayor refused to do. He has ten days in which to sign or veto the resolution and he proposes to take his time. He is opposed to the resolution, especially to passing it on the spur of the moment. He stated this morning that he did not yet know whether he would sign it or not. He will look into the details before he takes any action. He represents the people of the whole city and will know what he is doing before he signs the resolution. In case he vetoes the measure it will go back to the council for further action.
BREVITIES.
—The new display advertisements today are—Peck Furniture Co., Furniture sale, page 6; J. H. Gunn, Groceries, page 6.
—The meeting of the Art club which was to have been held yesterday afternoon at the home of Mrs. N. H. Gillette was so interfered with by rain that no attempt was made to produce the program. The meeting was adjourned till Tuesday, Aug. 18, at the same place when the same program will be presented.
