
    WHITNEY, Respondent, v. NEW YORK EVENING JOURNAL PUB. CO., Appellant. SAME v. STAR CO. SAME v. PRESS PUB. CO.
    (Supreme Court, Appellate Division, Second Department.
    December 1, 1904.)
    Actions by Herbert L. Whitney against the New York Evening Journal Publishing Company, against the Star Company, and against the Press Publishing Company.
   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.  