Appellate Division of the Supreme Court of the State of New York December 1, 1904 (Whitney v. New York Evening Journal Publishing Co.)

PER CURIAM.,

Motions denied, without costs. This court having affirmed the order granting a preference, the constitutional question sought to be argued is not necessarily involved, inasmuch as both the order in the court below and the order of affirmance here may have been made in the exercise of judicial discretion.