Nassau County Review 19090806

              VOL. XIV NO. 41—16 Pages
FREEPORT, N. Y., FRIDAY, AUGUST 6, 1909
Official Paper of Nassau County
FREEPORT NEWS
Wesley Pearsall has gone to Fern- dale, N. Y., for a fortnight.
Ground was broken Monday for the new school building on Long Beach Ave.
A regular meeting of the village Board of Trustees is scheduled for this Friday evening.
.Andrew Raynor hae built an addition to his house on South Main Street.
Counselor Henry L. Maxson spent I Saturday and Sunday with friends at I Karitan Bay.
Stephen- Story anrl Robert Miller start .Saturday for a six weeks' cruise on Lake Champlain.
S.
Thomas  S.   Cheshire   has   soid    his
  property  on   South  Ocean   Avenue to
Cornelius of  the  Re-  George Wallace, who has been   leasing on   her   vacation  thia i ^^•
I     The men at the various  life   saving I stations along the coast of Long Island have gone on  duty  again   after  their two months' summer rest.
Miss Hannah view  office  is week, visiting   relatives up-state
Word has been received of the death of the mother of Miss C. G. Atkinson, a teacher in the Grove Street shcool.
On July 28, a young daughter was bom to Mr^ and Mrs. G. R. Bodley. Mr. Bodley is a teacher at the (irove Street school.
Arthur Gildersleeve has opened a plumbing and gaa fitting ahoj) in Nel¬ son Seaman's new store building on North Main St., opposite Kandall Ave.
Have you paid your village tax? D. Frank Seaman, collector, will receive it at the village oflice this week from y a. m. to 4 p. m. Next Tuesday will be the last day at one per cent.
Miss Myra Chase and her cousin. Miss Blanche Cha.se of Montclair, N. J., with whom Myra has been spend¬ ing the laat two weeks, will start next week for a two weeks' trij) among the Thousand Islands.
Bargains in furniture are now being oft'ered. Grassman's, Broadway oppo¬ site Reid Ave, Brooklyn, have a re¬ building sale which for low prices and quality of gooda outstrip the ri^ost of the hou.ses in their line. Read their ad in another column of this paper.
A reception will bo given to the •South Bay Yacht Club of Patchogue by the South Shore Yacht Club Saturday afternoon and evening of this week, with a high speed power boat race, dis¬ tance oO miles, open to all, no handi¬ caps; start at 3 o'clock; vaudeville and smoker in the evening.
Rev. W. A. Richard, pastor of the M.E. Church, expects to spend the first part of his vacation at Cottage City, Martha's VineyarcJ. Mass. In his ab¬ sence the puplit will be occupied by Kev. E. G. Richardson of Brooklyn Sunday. Samuel R. Smith will lead the prayer meeting next Thursday night.
There was a stabbing atfray among some of the Italian laborers on the Brooklyn pipe line at Merrick Friday. Two brothers, Tony and Joseph Delfrio, had a quarrel, and two other men, whose names are not known to the authorities, "butted in" and attempted to act as peacemakers.
The brothers turned on them and in the fight that followed stilletos were d^awn. The Delfrios got the worst of it, and one was cut about the head and the other on the arm. The wounds are tieep and painful, but are not thought to be fatal.
The wounded men were patched up by a physician, and word was sent for the police to arrest the stab- bers. A search was made/of the woods about the scene of the atfray, but no trace  of the men  could  be found.
Through the real estate agency of E. R. Brindel, the Imperial Hotel has been rented to J. D. Sulsona of Far Rockaway, who will remove "The American Collegiate Institute" from that place to its new home here, and will open Sept. 1. This is a prepara¬ tory College School and a specialty is made of Spanish-English and English Spanish courses, and a commercial course is given those wishing to pre¬ pare for business.
The Institute had outgrown ita for¬ mer quarters and Mr. Sulsona is very well pleased with his new location, the arrangement of the rooms being well adapted to the requirements of the school.
The tuition is $360 for preparatory
course and $450 for  collegiate course
, and the flrst 30 American students will
be given  a reduction/ of 20 per cant.
A beverage ought to be healthful and ought to hsve the constant care in the making that is mentioned in Smith & Bedell's ad. It.
H. B. Hagen & Co. have bought out H. F. Harms' meat market and grocery. These men have been with Mr. Harms for several years and will make a suc¬ cess of their venture.
The M. E. Church pastor is now Grandpa Richard, a young son having been born to Rev. and .Mrs. II. M. Richard while spending their vacation with their parents. Rev. and Mrs. W. A. Richard, at the .M. E. Parsonage.
Beforo Justice Swezey and a jury Wednesday Mrs. Jarvis Whitman was i'ound guilty of assault in the third de¬ gree upon complaint of Mrs. Lorett<a Rathman, a neighbor. A fine of -SlU was imposed and collection   suspended.
The Dept. of Water Supply of the City of New Y'ork has asked permission from the proper city committee to al¬ low the Long Island Railroad use of all its land in Nassau County in exchange for permission to run pipes under land owned by the Railroad Company.
A reception was tendered JVIr. and Mrs. Harold S. Chase at the home of Mr. and Mrs. Wallace Post, Monday evening. .Music, both vocal and in¬ strumental, helped to make a very pleasant evening for all present, after which light refreshments were served. Mr. and .Mrs. Chase left Tuesday for a visit with relatives of Mr. Chase in Montclair, N. J.
See the John J. Kaudall Compauy ad- vertittemeut ot buusalow sites aud water front and dock lots nt Freeport, Loug Island, iu tliis issue.
Mdm. Leoaie, importer. French Drees Maker, 870 Front Street. Hempstead; hooM foonded in 1892; Robes. Man- taaax, Troosseaa. Ladies' Tailor Made #Biti, taJMonablenrioM, T«}«{^os*hU-J; work done psompkly.
The Public Service Commission has authorized the Nassau and Suffolk Lighting Co. to issue preferred six per cent capital stock to the aggregate amount of $430,000, the proceeds to be used for the extension and improve¬ ment of its plant and distributing system, for additional w )rking capital to the amount of $25,000, and for the payment of various obligations amount¬ ing to $87,500. The company is nper- ating in rapidly-growing territory, and it is'its intention to greatly in¬ crease its facilities.
Wilbur L. Losee of Verona, N. J., was in Freeport last Wednesday and Thursday visiting his parents, Mr. and Mrs. Leander Losee, on Grove Street. Mr. Losee is well-known in Freeport, where he spent several summers with his uncle. Alex. Padgett on Raynor St., and won several prizes as a bicycle ri¬ der. The following article from a Montclair, N. J., newspaper, will be of interest to his old friends:
"Wilbur L. Losee has received from Alexander Winton, head of the Win- ton Motor Carriage Company, a check for $250, third prize in the "upkeep contest" conducted by the company. The check was accompanied by the per¬ sonal congratulations of Mr. Winton to Mr.   Losee  upon  winning   the    prize.
Mr. Losee's success is gratifying to himself as well as his many friend.s. He won out over some 600 contestants in all parts of the United States and Canada. The competition opened on November 30 and closed on June 1, the Winton Company offering the prize to owner or chauffeur of a Winton "Six" who during the time specified, would show the greatest number of mileage with the least cost of repairs. Mr. Losee, when the contest opened, was running a fifty horse power machine and this was ouly entered. Monthly reports, verified through affidavits, show that the car in charge of Mr. Losee during the eight months of the competition traveled 10,595 miles with¬ out one cent being expended for re¬ pairs. The only expense attached to th^ maintenance of the machine was for tires and gasol,ene.
The Winton which won the prize for Mr. Losee ia being used by him now as a passenger car. It has .seen much service, as is shown by its mileage record for six months.
Mr. Lusee, the prize winner, is an expert chauffeur and a former Amateur bicycle racer, who came here a little over two years ago. He attained con¬ siderable fame in the latter nport, be¬ ing second in the national one-mile champioiiship race at the Pan-Ameri¬ can Exposition in Buffalo. Mr. Losee had for a team mate Ralph OePalma, the now famoas automobile driver."
Catholic Fair
Addresses by Arthur S. Somers of this place. Rev. C. A. Logue and others, were made at the opening of the sum¬ mer bazaar and lawn fete of the Church of Our Holy Redeemer .Saturday even¬ ing. The band of St. John's Orphan Asylum, Brooklyn, enlivened the oc¬ casion with music. Dancing will be a feature each evening until the bazaar closes, Tuesday evening of ne.<t v/eek.
On the closing night ground will be broken for the handsome new church which has been under contemplation for some time, on the land located at the northeast corner of Ocean Avenue and Pihe Street. An impressive cere- mo<fy, at which Rev. P. J. McNamara, Vicar General of the Brooklyn Diocese, will preside, is to accompany the breaking of ground. Rev. John J. Frawley, C. S. S. R., Superior of the Redemptionists, will make the address of the evening.
The new church, which will cost about $60,000, will be Romanesque in style, with clerestory fifty-five feet across the front, seventy-two and one- half feet to the top of tho cross, 138 fee: deep, augmented at the side v/ith campanile and chapel, bringing the to¬ tal width to ninety-three feet. The church will have a stately tower ris¬ ing to a height of 110 feet. The seat¬ ing capacity will be about SOO. The building will be of red brick, with white ornamental mouldings and trim¬ mings and green slate roof. The in¬ terior will be of ornartifental plaster and marble and fine woodwork. The site, which is now occupied by the Catholic Club house, will be cleared soon. The club house is to be moved eastward rf short distance on the .south side of Pine Street, where the church built nine years ago now  stands.
The proceeds of the baazar and fete will be devoted to the new church building fund.
School Meeting
William G. .Miller presided at the annual sch(Jol meeting Tuesday evening when Samuel R. Smith and Henry L. Crandell were re-elected trustees with¬ out opposition, and the budget for the coming year, of $38,778, was approved.
Rev. Charles A. Logue, priest of the Catholic Church of Our Holy Re¬ deemer, appeared before the meeting and stated that last year he called the attention of the Board of Education to the law prohibiting religious exercises in public schools, and that no attention had been paid to his objections. He said that it was now his intention to bring the matter before the Stale Board of Education if the practice is continued.
Elvin N. Echvards suggested having a committee of five appointed to dis¬ cuss the matter and report later.
Trustee Crandell objected to this as he thought the matter was one for the Board of Education to consider.
Prior to Mr. Edwards' motion, a motion had been made and seconded to adjourn and as the mover insisted on a vote the meeting adjourned with¬ out the committee being appointed.
Mr. and Mrs. F. Hornbeck are en¬ tertaining a ten-pound boy since Sun¬ day.
See adv. of Piano Player for sale, with electric attachment, in this issue of the Review.
Do not forget the cake sale in the Presbyterian Chapel Saturday, Aug. 14, from 3 to 5 p. m.
Miss Louise Foster of East Rock¬ away has been spending a short vaca¬ tion with Mr. and Mrs. Timothy Shee¬ han of Freeport.
Miss Ijottie Parkerson, on account of ill health, has gone to Eas>; Greenwich, R. I., to spend the .Summer.
Frank Rose, after undergoing an¬ other operation in the Brooklyn Hos¬ pital, is able to be around again.
Everitt. the deaf and dumb son of George B. Smith, proprietor of the Benson House, was held up by two men Friday evening and robbed of about $7.
Saturday afternoon the new fire calls were tested on the whistle at the pow¬ er house,' under direction of First As¬ sistant Chief Clarence V^anRiper and Fire Coniinissioner J. Huyler Ellison. Several different numbers were given, all of which were correctly read at different points distant from the power house. Chief VanRiper has also placed on the telephones throughout the villa^je the numbers to be used for Are calls, , and also distributed circulars of in¬ formation as to the proper method of sending in a fire alarm. The new num- I'bers are in force from August I, and 1 will now be used in case of A fire.
No Law for Supervisors
to pay School Taxes
School authorities will be interested in the opinion of Counsellor Alfred T. Davison, refering to uncollected school taxes. Heretofore, the schools have been reimbursed by the County Treas¬ urer. Now when the County Treasurer makes demand upon the Supervisor for the amount, Counsel gives it as his o{)inioii that it is not the province of the .Supervi-sor to pay the amount. The opinion is of such imiiortance that , we publish it in full and advise school I authorities to give it the careful con¬ sideration it deserves.
July 23, iyo9. Hon. Smith Cox,
Supervisor of Town of Hempstead, Town Hall, Hempstead, N. Y. Dear sir:
I write in reference to the letter ad¬ dressed to you, as Supervisor of the Town of Hempstead, by Charles F. Lewis, Treasurer of Nassau t'ounty, bearing date June 8th, UtO'j, enclosing a report of the amount of School Ta.xes for the year 1907 remaining un¬ collected and showing the amount of unpaid School Taxes of the I'own of HeniDstead to be $ll,123.;n.
I understand that the County Treas¬ urer has demanded this amount from you, as Supervisqr of the Town of Hempstead.
I find no authority in law for you to make this payment; on the contrary, in my opinion, it is your plain duly not to make the payment.
Sections 406, 4'i7 and 4u,s of the Edu¬ cation Law, being Chapter 16 of the Consolidated Laws adopted at the last (1000) session of the Uvigislature (for¬ merly known as Sections 73, 74, and 75, Title 7 of the Consolidated School Law) provides as follows:
Sec. 406. -Certification by Trustees of Collector's return. —Upon receiving any such account from the collector, the trustees shall compare it with the original tax list, and if they find it lo be a true transcript they shall add to such account their certificate to the effect that they have compared'it^with the original tax list and found it to be correct, and shall immediately trans¬ mit the account, afiidav-' and certificate to the treasurer of lb . county.
Sec. 407.—Payment of Unpaid Taxes from County Treasury. Out of any moneys in tho country treasury, raised for contingent expenses, or for the pur¬ pose of paying the amount of the taxes so returned as unpaid, with one per centum of the amount in atldition thereto for the compensation of such collector, and if there are no moneys in the treasury applicable toisuch pur¬ pose, the Board of Supervisors, at the time of levying said unpaid taxes as provided in the next section, shall pay to the Collector of the school district, the amount thereof, with said addition thereto, by voucher or draft on the county treasurer, in the same manner as other county charges are paid, and the collector shall be again charged therewith by the trustees.
Sec. 408.—Levy by Supervisors of Unpaid Taxes,—Such account, aflnda- vit and certificate shall be laid by the I county treasurer before the board of ; supervisors of the county, who shall cause the amount of such unpaid taxes with seven per centum of the amount in addition thereto, to be levied upon the lands upon which the same were imposed; and if imposed upon the lands of any incorporated company then upon such company, and when collected the same shall be returned to the county treasurer to reimburse the amount so advanced, with the expenses of collec¬ tion."
From the foregoing provisions it is apparent that the amount of unpaid School Taxes are to be paid by the County Treasurer to the collector of the School District and then these , ta.xes, with seven per cent, added there¬ to, are extended and included in the next town tax roll and levied upon the lands upon which the same were ori¬ ginally rmpo.sed as provided in Sec. 408 above quoted. This, as I under¬ stand it. was done in the case of the unpaid School Taxes for the year 1907.
It follpws, then, that when   the  Re¬ ceiver of Ta.xes for the Town of Hemp¬ stead    collected   the  taxes  under  his \ warrant annexed to  the  Tax Roll   fur I the year 1908, on which  appeared  the various levies of  unpaid  school   taxes for the year 1907, as provided in   Sec. , 408 of the Education Law above quoted, ' he    turned  this  amount  over  to  the I County Treasurer and the County Treas- surer was thereby reimbursed  for  the amount of nioneys which he had sqrpaid . out  to the collectors of the School Dis- }tricts.
! If the Receiver of Taxes did not I make the collection, the County Treas- ] lu-er is authorized to sell the land anJ I thus collect the amount be has paid out, and thereby reimburse himself for the
same.
This procedure is the only procedure authorized by law whereby the County Treasurer may be reimbursed for the amount School Taxes that he has paid out.
You will notice that Section 4o7 of the Education Law quoted above states:
"Out of any money in the County treasury, raiaed for contingent ex¬ penses, or for the purpose of paying the amount of the taxes so returned unpaid, the treasurer shall pay to the collector," etc.
'I'his means that the Board of Super¬ visors aro authorized to provide the County Treasurer with either (1) a contingent fund or (2) a fund for the purpose of paying tlie amount of School Taxes returned unpaid to the County Treasurer.
If either or both of these funds are maintained, either is amply sufticiont to keep the County Treasurer in funds, and moreover, the anujunt which the County Treasurer from time to time receives, either on the sale of the proji¬ erty for the unpaid .School Taxes, pr by voluntary [layments of the same, are then credited to either of these funds, and mere cannot be any possi¬ bility of the same taxes being paid twice.
In any event the moneys out of which the County Treasurer can pay unpaid School Taxes are County moneys raised for County purposes.
In the case of People ex rel, William D. Burbank and others. Trustees of School District No. 1, of the town of Middietown, Richmond County, against James R. Robin.son, as County Treas¬ urer of Richmond County, reported in 76 N. Y. 422, the Court of Apiieals passed upon the duly inijiosed upuii the County'Ireasurer by Sec. 77, Chapter 555 of the laws of 1864, which is prac¬ tically the same as Sec. 407 of the Ed¬ ucation Law quoted above, and said:
"The duty imposed by this section ujjon the treasurer is (lualilied and con¬ ditional. His authority and duty lim¬ ited. His authority is to pay the claims mentioned out of a particular fund, viz: moneys in the treasury raised fen- contingent expenses, and if no such fund has been raised, or if it has been exhausted, there is no author¬ ity and conseiiuently no duty to pay them."
In the case above (juoted, the defen¬ dant, the County Treasurer, detjlined payment,
"On the ground that there was no' fund in his hands a.s treasurer rai.sed for the payment of contingent expenses of the County."
Antl this, as the Gourt Wmh, was true.
The (Jourt decided that under these circumstances, the relators were not entitled to a mandamus against the County Treasurer.
Returning to the (juestion under dis¬ cussion, the only demand that the County Treasurer can make is that the Supervisors ot the County shall by rais¬ ing money for County purposes, keep him in funds sufficient for the purposes above named.
Section 59 of the Tax Law, being Chapter 60 of the Consolidated Lawa adopted at the last (1909) Session of the Legislature, (formerly known as Sec. 56 of the Tax Law) provides that the Receiver of Taxes shall pay out the money collected by him as follows:
1. To the Commissioners of high¬ ways of the town, such sum as shall have been raised for the support of highways and bridges therein.
2. To the Overseers of the Poor (jf the town, such sum as shall have been levied, to be expended by such Over¬ seers for the supjjort of the poor there¬ in.
3. To the Supervisor of the town, all the moneys levied therein, to defray any other town expenses or charges.
4i To the trea.surer of the County, the residue of the money so to be col¬ lected.
Section 170 of tho Town Law enu¬ merates what are to be deemed town charges, and it cannot in aay way be said that the re-imbursing of the County Treasurer for money expended by him to pay uncollected School Taxes is in any way a town charge or expense and from this it follows and I so advise you that you are not only not authorized to make the payment, but on the contrary, should refrain from an doing.
If you should pay this money to the County Treasurer, it never comes back into the Treasury of the Town, and therefore, by your making this payment knd then by the County Treasurer sub¬ sequently collecting the same amount, either (1) from the Receiver of Taxes or (2) by a sale of the real property, the same tax is paid twice, namely, once by the town at large, and second by the individual taxpayer against whose property the tax was originally
' imposed.
If, however, the County Treasurer pays the money out of the funds in his hands as County Treasurer, and then reimburses himself either (1) by collection from the Fieceiver of Taxes, or (2) by the tax .<ale, the money again comes into the hands of the County and can and should be credited to the fund from which the payments were origin¬ ally made, and thus the tax is paid but once, which is all the law ever contem¬ plated should be done.
1 return herewith the letter of the i^ounty Treasurer bearing date June 8, 1909, and the report enclosed there¬ with.
I am Very respectfully yours,
signed Alfred T. Davison.
Roland M. Lamb is the new Presi¬ dent of the South Side Mes.senger Com¬ pany.
.See C. E. Jones' adv. of sjiccial sale of lawn mowers and mason jjirs this week.
.Mrs. Elijah Saiith is spending the month of August in Norridgevvock, Maine.
.Miss Rita lleusman of Brooklyn is visiting .Miss Mattie Stevens, Koose¬ velt Place.
Wil iam 11. Patterson is building an afldition to his oyster drir.k house at the   head of Freeport River. /
Mrs. J. M. Wiggins and family have returned from a visit to Hyde Park, Dutcliess Co.
Alpha Council, D. of A., postponed its beach parly Thursday on account of the r;iir. The date will be announced later.
Ed. Schmidt, Letter Carrier No. 1, has returned from his vacation, which he spent ai. his former home in Pat chogue.
Ernest Randall has started a new lumse at the corner of Long Beach Ave. and Kussell Place, the founda¬ tion being already laid.
After being in the employ of Whitney • Van   Wicklen   for the past four  years Arthur (iildersleeve has started in busi¬ ness for him.self.    His office will beat his home 94 N. Main St.
John S. Thorj) of R<jckville Centre, who was arrested Sunday, July 25, for exceeding the sp^ieii limit, in his auto, has cha -red his plea, and Justice Ta¬ tem fined i.im $15.
Single copies of the Review can be .secured at H. Gohetz's and the Review office on Main St., DaSiiva's on W, Merrick Road, and of W. C. Raynor, newsdealer at the'depot.
Cora Ldison, who was committed to Blackwell's Island last week by Jus¬ tice Tatem, died shorlly after being taken there. The remains were brought to Freejiort for interment on  Tuesday.
Mrs. Morris Miller gave her grand¬ daughter Miriam a surprise jjarty Wednesday evening in honor of her tenth birthday anniversary. (James were played and refreshments served. The guests were Lillian Patterson, Hazel Seaman, Sadie and Madeline Duryea, Irene Kriegler, Freda Levine, Rose Kolisch and Lawrence Schloss.
Freejiort Council No. 57, defeated Woodmere Council, Saturday afternoon at Freejiort Athletic Park, in a close¬ ly contested game;   score   by   innings:
FreejMirt—0  1   1 0 3 6  1 4 x 16
Waodmere-0 2  10 2 2 0 3 5-15    • The   Phi   Aljjhas  went tfj  Rockvilie Centre Saturday and defeated the (i^en- treites by the score of H to 7.
Thursday night dances at .Nassau-by- the-Sea are proving (juite j)opular, not only among the ccHtagers at the beach, but the young folks from this village who attend in parties and i sjjend the evening at this dancing pavilion. The uni(iueness of the dances helps some towards their popularity. Two weeks ago an ajiron and necktie dance, last week a middy dance, at which all the young girls were dressed in middy blouses and last evening a confetti dance, with plenty of confetti, ticklers and blowers.
James M. Patten of Rockvilie Cen¬ tre is at South Sljore Hospital suffer¬ ing with a compound fracture of the left leg. While driving on Saturday the shafts of his wagon dropjied to the ground and his horse ran away. Mi^, Patten jumped from the wagon and struck the curb. Both bones in tbe letf leg between the k.nee and ankle were fractured. Dr. Higgins dressed the fracture ternjwrarily, after which Mr. Patten was hurried to the hospital.. In addition to th«> fracture the small fiQger on the right hand was dislocated and the palm of tbe hand badly cut.
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