Sunday, September 14, 2008

GRANTED NEW LICENSES

New York, 1895

SIXTEEN LIQUOR DEALERS FAVORED BY THE EXCISE BOARD,

The Pabst Brewing Company Overcomes the Opposition of Citizens of Woodhaven — William Bird Tries Again — Old Licenses Transferred.

The excise board of the town of Jamaica held their regular meeting at the Town Hall on Monday. Commissioner Clark presided. Sixteen licenses were granted, as follows: Frederick Hartman, Woodhaven, hotel; Queens County Jockey club, Aqueduct, saloon; Jacob Mario, Woodhaven, hotel; Charles Francis, Woodhaven, hotel; Joseph Jenny, Woodhaven, hotel; Joseph Fosbach, Union Course, hotel; M. W. Zimmerman, Woodhaven Junction, hotel; Ursia Dufiels, Woodhaven, hotel; Henry C. Friell, Clarenceville, hotel; John A. Hartman, Richmond Hill, hotel; Mary E. Gunther, Jamaica, hotel; Lewis Langenhagen, Woodhaven, hotel; John Krug, Woodhaven, hotel; William Stroh, Brooklyn Hills, saloon; Charles Niehe, Woodhaven, hotel.

The application of Henry Zimmerman of Richmond Hill, for a hotel license, was rejected.

Zimmerman — "Rejected! How is dis?"

Commissioner Clark — "Mr. Zimmerman, the objections to your having a license will be filed with your application with the town clerk, and you can see them there."

The application of the John Pabst brewing company for a hotel license for the place formerly kept by Balling, at Ozone Park, was taken up. At the last meeting of the board a communication was received from P. J. Cassidy asking the board not to license the place, and it was understood that at that time no application had been made for a license.

Commissioner Clayton. — "I protest against this place being licensed. Mr. Cassidy and others residing in the neighborhood protested against it. Those people and their protest should have the preference over a New York brewer. It is simply ignoring respectable people for one man, and he an outsider."

Commissioner Broedell. — "I have looked into this matter and find that the place is all right. It is kept better than it ever was before and I shall vote for the license."

Commissioner Clark. — "Yes, and I will vote for it."

William Bird, whose application for a hotel license on Willow street, Jamaica, was rejected at the first meeting of the board, made application for a saloon license.

Commissioner Clayton objected to granting the application and asked that it be laid over until the next meeting in order that Mrs. Pearsall, who requested Bird not to sell her husband liquor, could be present. The application was laid over.

The license of Theodore Eckert, of Woodhaven, was transferred to Charles Moller, and the license of George Lange, of Brooklyn Hills, to John Fuchs.

William Gannaunt, of Morris Park, was granted a hotel license.

For the licenses granted the treasurer received $960.

The board adjourned to meet the first Monday in August.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

Rockaway's New Golf House.

New York, 1895

The Rockaway hunt club's new golf house is about finished. The building is 19 by 40 feet. It is one story high and of pretty design. There are two large dressing rooms and fifty individual lockers. The house is situated near the clubhouse, and will be used by both golf and polo players.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

Commissioner Weeks Resigned.

New York, 1895

Townsend B. Weeks, an excise commissioner in the town of Oyster Bay, tendered his resignation on Friday. No reason was given for his action, but it is believed that the fact that his brother commissioners refused to grant his brother and son licenses had something to do with it.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

A Test to Discover Deep Wells.

New York, 1895

The Brooklyn city water-works, at the suggestion of the United States geological survey, has perfected plans for sinking deep wells in the southern part of this county in order to test the question as to the existence of deeper underground currents than those upon which the city now depends for its supply of water.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

Teachers' Examinations.

New York, 1895

School Commissioner Cooley has given notice to candidates for commissioners' certificates for teaching that he will hold examinations for first and second grade certificates in the school building at Jamaica on Thursday and Friday, August 8 and 9; for second grade certificates only at the school building of Woodhaven on Friday and Saturday, September 6 and 7, and at the Freeport school building Friday and Saturday, October 4 and 5; for the third grade certificates the second day of each of the above examinations.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

No Trolley for Far Rockaway.

New York, 1895

The board of trustees of Far Rockaway held another session Friday night to act on the trolley franchise application. The opposition was the most spirited of any of the meetings. J. H. Curtis called the attention of the trustees to the fact that Mr. Wyckoff, who was counsel for the trolley company, had been instrumental in having a law passed prohibiting the trolley from running on Hillside avenue, Jamaica, where his residence was. Mr. Wyckoff was stumped at this and unable to make a reply. Ex-Mayor Gilroy of New York made a short speech which was to the point, showing the disadvantages of a trolley system in Far Rockaway. He said if he thought the trolley would be introduced in the village he would sell out his property and go elsewhere. The trustees refused to grant the franchise, leaving it to the taxpayers to vote upon at the village election next fall.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

THE SUPERVISORS.

New York, 1895

Counselor Van Vechten Gains a Point.

THE CAUSEWAY IMPROVEMENT.

Money Appropriated to Pay for the Work.

AVERSE TO LAW SUITS.

A Big Consumption of Coal at the County Court House — Wrongful Commitment of a Lunatic to Barnum Island — Reform at the County Jail — Contract Awarded for Improvements at the County Clerk's and Surrogate's Offices — North Hempstead to Issue Bonds to Macadamize the Middle Neck Road — Dr. Mandell's Big Bill in the Sharkey Poisoning Case Recommitted.

The board of Supervisors met at the Court House on Tuesday. The minutes of the previous meeting were read and approved. The full board was present.

Constable Clark, of North Hempstead, sent in a bill for services in arresting a lunatic at Great Neck, and conveying him to Barnum Island. Chairman Wood said that if the person arrested was a lunatic he was wrongfully committed to Barnum Island. The bill was laid over.

Mr. L'Hommedieu sent in a bill for $613 for coal supplied to the Court House since February 1st, about 120 tons. The board did not know that any coal was being purchased, the order having been given by the janitor. Mr. L'Hommedieu furnished 200 tons of coal under contract prior to February 1st at $4.30 per ton. For the additional supply $4.75 is charged. The bill was referred to the Court House committee.

The janitor said that some coal was needed. The board did not see why coal should be needed in the summer time, and none was ordered.

The presentment of the Grand Jury respecting the county jail was received and read. Credit was given Sheriff Doht for the clean and orderly condition of the jail. The Grand Jury recommended that the boy and girl prisoners be separated from the older offenders, and that suitable quarters be provided for them in the upper part of the building. Supervisor Koehler said that the Court House committee had already taken action in the matter. The communication was ordered on file.

Counselor Van Vechten called the attention of the board to its refusal to audit the bill of the Long Island City illuminating company at the meeting last week at Barnum Island. He said the company had consulted him in the matter and desired him to obtain a mandamus to compel the audit of the claim. He did not want to put the county to the expense of a law suit, and he therefore came before the board to ask that the board reconsider its action and open the case so that evidence as to the validity of the claim could be presented. If on the evidence the board thought the bill should be rejected that action could be taken, and then the company could obtain a writ of certiorari to review the action of the board. Audit had been refused the bill at Counselor Wallace's suggestion.

Supervisor Denton moved to reconsider the action already had on the bill. This was carried, and the whole matter was then referred to the committee on bridges for investigation and report. Lawyers who were present wondered that the board took this action without consulting Counselor Wallace, who was present at the time.

Counselor Harrison S. Moore, for the board of Commissioners of Highways of Flushing, asked the board to take some definite action in the matter of paying for the improvement of Strong's bridge and causeway, which is nearly completed. The county, on the claim of the commissioners, is liable for one-half of the expense above $2,500, but this the board has disputed.

Mr. Moore desired the board to agree to pay, or refuse to pay, so that his clients would understand their position, and, if required to, be able to take the case to court for adjudication.

On a petition of citizens, Judge Garretson appointed a special commission to inquire into the necessity for the improvement, and the commission reported that the improvement should be made. On the approval of the report by the County Judge, the Commissioners of Highways let contracts for the work. The Commissioners of Highways of Newtown have done the same in respect to that part of the road within their town. The cost of the whole work is fixed at about $26,000.

Counselor Wallace said the matter had been referred to him, but he did not understand just what the board wanted, and he was a little in the dark still. He understood, however, from a member of the board, that the board wanted to know whether the law would compel the board to raise the money to pay for the improvement. He thought there were some objections to the proceeding, but he could not say that the objections would prevail in favor of the county. He thought the objections were such as a court should pass upon. He claimed that the estimate of cost should be fixed by the special commission, and if fixed at $2,500 the county would have to raise just one-half of that sum. The town could spend as much more as it saw fit, but the town would have to pay it all.

In reply, Mr. Moore said that Mr. Wallace did not understand the matter of dividing the expense. If Mr. Wallace was right in his view, and the estimated cost were only $2,500, then the county could not be called upon to pay one cent. It is only when the probable cost exceeds $2,500 that the county becomes liable, and then the county is liable for one-half of the cost in excess of the $2,500. This was perfectly plain.

Supervisor Koehler said that the law committee of the board had conferred with Mr. Wallace about this matter, and requested him to give the board his opinion, but he had not done so, and he thought it time that special counsel were employed to interpret for Mr. Wallace what the board required of him. He thought it inexcusable that Mr. Wallace should be without an opinion four weeks after it had been asked of him. The board acted on the advice of counsel on another matter at the last meeting, and at this meeting the board had to rescind its action. This, Mr. Koehler thought, made it look as if the county needed a better lawyer.

Mr. Wallace seemed to feel hurt by the Supervisor's remarks. he said he would put his opinion in writing in a few minutes, and did so. He advised the board not to raise one cent to pay for the improvement of the causeway. That would compel Newtown and Flushing to go to law with the county.

Supervisor Koehler asked what the total cost of the improvement would be.

Mr. Moore replied that the cost would be about $26,000. The Brooklyn City Railroad Company had promised to pay $5,000 of the cost, but the company had now gone into the hands of a receiver, and no reliance could be placed on the promise. Besides, the company had not built its railroad, and its franchise had expired.

Supervisor Pople said he had opposed the matter from the beginning. He always said that the railroad company would never pay one dollar of the expense. He had voted for a resolution some time ago declaring that the county should never pay one dollar of the expense. Now he wanted to move a reconsideration of the resolution. If there was to be a long and expensive litigation, and the county was finally to be beaten, and have to pay the money, then he was opposed to going to law.

Supervisor Koehler said that Mr. Wallace would have to defend the suit for the salary the county was paying him, that being the agreement, as he understood it.

Mr. Wallace fired up and said that Mr. Koehler's understanding was entirely at fault. He did not expect to conduct the litigated business of the county for his salary of $1,500, and would not do so. He declared that he told the board so when he accepted the position of counsel, and he supposed they understood it perfectly.

Supervisor Pople was of the opinion that a law-suit would result in the defeat of the county. Counsel for the county advised the board not to agree to raise money for the work, but his opinion did not fortify the board in that position, and to go to law only to be beaten, and lose a good deal of time, seemed to him foolish. He had opposed putting one cent of the expense on the county, although his own town was to receive the benefit, but the law was so clear that the county could be compelled to contribute to the cost that further opposition seemed to be useless. The board was not to blame for the existence of the law.

Supervisor Koehler coincided with the views of Mr. Pople. He could not see where the county would have a leg to stand on in a law suit. If Counselor Wallace was going back on his agreement with the board, and must have extra pay for litigated cases, a law suit would be an expensive thing. He was not at all satisfied with Mr. Wallace's position in the case.

Supervisor Pople offered a resolution that the board appropriate $8,500 to meet the county's share of the expense of the improvement. This was seconded by Supervisor Koehler, and it was carried.

A resolution was passed authorizing the town of North Hempstead to issue bonds in the sum of $12,000, the money to be used for macadamizing the Middle Neck road. The bonds are to bear interest at four per cent., and $1,000 of the principal is payable annually. The people of the town voted in favor of the improvement at the Spring election.

Dr. Mandel, who has a bill pending before the board for $1,200 for an analysis of the stomach of Mrs. Sharkey, of Flushing, who died from poisoning, wanted action on it. The bill had been referred to a committee, and the committee could not agree. There had been a previous analysis of the stomach by Professor Smith, who demanded $1,000 and accepted $300. There has been no statement made to the board why the second analysiS was necessary. Dr. Mandel made a statement of the time it took him to make the analysis, from September to January. The bill was then referred back to the Committee on Coroners' and Physicians' bills.

T. E. Quinn was awarded a contract at $525 for improvements at the County Clerk's and Surrogate's offices. He was the lowest bidder.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

Days of Naturalization.

New York, 1895

County Clerk Sutphin has notified the people that county court will be held at the Town Hall, Jamaica, on July 16, from 9 A. M. to 12 P. M., and at the court house at Long Island City on July 17 and 18, from 9 A. M. to 4 P. M., for the purpose of receiving applications for citizenship.

—The Long Island Farmer, Jamaica, NY, July 5, 1895, p. 1.

Wednesday, September 10, 2008

Opposed to the Trolley.

New York, 1895

A special meeting of the trustees of Far Rockaway was held Friday night to act upon the application of the Long Island trolley company for a franchise to operate its system. Counselor Archibald Mutch appeared in behalf of those opposed to the trolley. The board decided to secure legal advice before passing on the application. Mr. Wyckoff of Jamaica appeared for the trolley company.


Queens County Circuit Court.

The Circuit court, Justice Cullen presiding, reconvened at the Court House in Long Island City on Monday. Ex-Judge Calvin made a lengthy argument to have the verdict of divorce obtained by Charles B. Crowell against his wife set aside and alimony granted pending an appeal. Justice Cullen took the papers.


No Gamblers at Rockaway.

The beach at Rockaway was crowded with excursionists on Sunday. There were about thirty thousand people on the beach. There was no excitement and the crowd was orderly. Capt. De Mott says that no gamblers have been to the beach this year.


C. F. Franklin Resigns.

Station Master Charles F. Franklin, who has been in charge of the Long Island railroad station at the Long Island City terminal, has resigned. Mr. Franklin will go to Newburg, where he has accepted a position as superintendent of a trolley road.


Teachers' Institute.

School Commissioner Cooley announces that the teachers' institute will be held at Freeport for one week commencing September 9th. Schools that intended to open between the 3rd and 9th are requested not to open earlier than the 16th.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

THE VILLAGE IN A HOLE.

New York, 1895

THE WATER COMPANY MUST HAVE ITS CONTRACT EXTENDED.

Unless the Village Trustees Exercise Their Option and Buy the Company's Plant — An Important Opinion on the Subject by Counselor Monfort.

The contract between the village of Jamaica and the water company will expire September 7th, 1897, and in view of this the trustees have already discussed the question of the village thereafter owning and operating a water plant of its own. THE FARMER, at the time the discussion was going on, expressed the opinion that the terms of the present contract between the village and the water company would prevent the village from becoming a dealer in water unless the trustees purchased the plant of the company.

The question thus raised was submitted to Counselor Monfort by direction of the trustees, and he holds the same view as THE FARMER, viz: that before the village can engage in the business of supplying water it must purchase the company's plant, and, failing to do that the company is entitled to a renewal of its contract for five years, or until 1902, on the present terms. The opinion of Mr. Monfort is as follows:
To the Board of Trustees of the Village of Jamaica:
On the 23rd day of April, 1887, the Jamaica Water Supply company entered into a contract with the village of Jamaica, whereby it agreed to supply the latter with water for a term of five years from said date. At the expiration of the said five years the contract provided that the same should be renewed, at the option of the village, for another period of similar duration, and that at the expiration of the second term of five years the village should have the option of purchasing the system of water works and the appurtenances; but that in default of said purchase, said contract should be renewed for a third term of five years.

On the 7th day of September, 1892, some five mouths after the expiration of the first term stipulated for in the said contract, the company entered into a second contract with the village for supplying water to the latter from the date last mentioned until the 23rd day of April, 1897.

This latter agreement is not expressly stated to be a renewal of the first and its terms and conditions are somewhat different from those contained in the latter, but it is made to expire at the expiration of the second term of five years from the date of the original agreement and it is undoubtedly to be considered as it renewal of that contract.

The question now arises whether the water company, at the expiration of this second contract and in default of the village exercising its right to purchase, is entitled, under the original agreement, to a further renewal of its contract for a third term of five years.

Such further renewal is expressly, as has been stated, provided for in the original agreement and the company has in no way apparently forfeited or waived its right to the performance of this provision, and I am, therefore, of opinion that it may insist upon such renewal under the circumstances stated.

And such would seem to have been the view of the electors who voted for the making of the original contract with the company, for it is provided in paragraph thirteen of the specifications contained in the resolution passed at the meeting of such electors, held on the 22nd day of March, 1887, that "at the expiration of ten years after the contract" with the company is made, if the village shall not elect to purchase the works, "then the term of the contract shall be extended for five years upon the same terms, privileges and rents as for the first ten years." The company has, in my opinion, an absolute right to this third renewal unless the village, at the expiration of the current contract, exercises its option to purchase.

Dated Jamaica, N. Y., June 18th, 1895.
HENRY A. MONFORT.
It is probable that the water company will ask $150,000 for its plant. It is said that the company has expended over $100,000. If the village and the company cannot agree, the question may be referred to arbitrators.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

No Stand-pipe for Flushing.

New York, 1895

The citizens of Flushing voted Tuesday on the question or bonding the village for $35,000 for the erection of a stand-pipe and making other improvements to the water system. Only taxpayers could vote. The proposition was defeated by a vote of 294 to 92.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

THE NEW ELECTION LAW

New York, 1895

THE DUTIES THAT ARE IMPOSED ON TOWN OFFICERS.

Larger and Better Equipped Polling Places Must be Provided — Counselor Van Vechten Makes Some Timely Suggestions for the Guidance of Public Officers.

The new election law should be carefully studied by all public officers. Counselor Van Vechten is familiar with the law, and in the following letter he makes some valuable suggestions to town officers:

To the Editor of the Long Island Farmer:

Permit me through the columns of your paper to call the attention of the various town boards in the county, and also the attention of the common council of Long Island City, to the fact that by the act amending the election law adopted by the last legislature, it is made the duty of said town boards and common council, to designate on the first Tuesday of September, the various places in each election district in the city or town at which the meetings for the registry of voters and the elections shall be held during the year.

The act further requires that each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least twenty electors at a time outside the guard rails and prohibits the designation of any building or part of a building within any part of which intoxicating liquors, ale or beer shall have been sold within prior to sixty days before such designation, if in a city, and prohibits the designation of a place other than in a city if in such room or any room adjacent thereto with a door or other passage way between the two rooms, intoxicating liquor or ale or beer has been sold within the said time.

In addition to the necessary ballot and other boxes, guard rails, voting booths and supplies therein, and the furniture of such polling place necessary for the lawful conduct of each election thereat, it is made the duty of the said town boards and common council to have placed at a distance of one hundred feet from each polling place, the necessary visible marks or barriers designated in the act under consideration as "distance markers." It is unlawful to do any electioneering between such markers and the polls. The act is silent as to what the "distance marker" shall consist of, and in the absence of any description of said distance markers, I suggest that the town boards select either a small triangular flag of red bunting to be attached to a staff and placed at the proper distance from the polls, or a sign-board upon which should be pasted or printed a notice reading "Electioneering within the limits indicated by this distance marker is prohibited by law." Flags would be cheaper as they need not be very large and the suggested color, red, is the universally accepted sign of danger. It will be necessary also that the said town boards and common council arrange with some surveyor to run a line or circle around the polling places marking the one hundred foot distance. Whether the entrance to the polling place or the centre of the room in which the election takes place should be taken as the centre or starting point for the one hundred foot distance, I am unable to state, but think and suggest that the entrance door would be a desirable starting point. Yours truly, F. H. VAN VECHTEN.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

To Widen Middle Neck Road.

New York, 1895

Application has been made to Judge Garretson for permission to widen the Middle Neck road at great Neck. The object is to secure the appointment of a commission to decide from whom the land shall be taken, and fix the indemnity. The widening is necessary, if an electric railroad is to be built along the road. Twombley & Eldert have begun the work of macadamizing this road, and the proposition is to put the rails on the side of the road so they will not interfere with the improvement.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.

THE VACHERON CASE.

New York, 1895

The District Attorney Wants it Tried by Special Oyer and Terminer.

ALBANY, June 21. — In the Court of Sessions this morning Judge Clute overruled the demurrer in the Vacheron bribery case and held the indictment good. The Judge said that he had not written an opinion, but thought that as the indictment held that money had been taken, that was sufficient. Neither Assemblyman Vacheron nor his attorneys were present. District Attorney Burlingame objected to the absence of the attorneys for Vacheron, but the Judge said that the day for trial could be set another time. — N. Y. Sun.

ALBANY, June 25. — Assemblyman Eugene F. Vacheron, of Ozone Park, accompanied by one of his counsel, Judge Hamilton, of Albany, appeared to-day in the court of sessions, and renewed his plea of not guilty to the indictment charging him with bribery in connection with the ice-cutting bill of Assemblyman Campbell, of Brooklyn.

Judge Clute expressed the belief that all interests would be served equally well if the trial was put off until the September term of the court.

District Attorney Burlingame did not think so. He said that he intended to ask Gov. Morton to call a special court of oyer and terminer for the purpose of trying the three murderers now confined in the Albany jail and that he could arrange it so as to have the Vacheron trial come off at that session of the court. Judge Clute said he would consider the district attorney's suggestion. — Brooklyn Times.

ALBANY, N. Y., June 26 — The bribery case of Assemblyman Eugene F. Vacheron, of Ozone Park, was put over the term to-day by Judge Clute in the court of sessions, and was sent to the criminal court. District Attorney Burlingame has petitioned the governor to call a special oyer and terminer for August to try the three murderers now confined in the Albany county jail. If it is called the district attorney says that the Vacheron case will come to trial at that time. Otherwise it cannot come up until the September term. — Brooklyn Eagle.

The "pull" seems to be working in one direction, at least.

—The Long Island Farmer, Jamaica, NY, June 28, 1895, p. 1.