The New York Herald Newspaper, May 5, 1857, Page 4

4 MUNICIPAL AFFAIBS. THE PROGRESS OF ANARCHY IN THE CITY. WPORTANT MESSAGE OF MAYOR WOOD. WWOGE ROOSEVELT'S INJUNCTION DISSOLVED, The Quo Warranto Carried Before the General Term. the Pay of Members, des, den, dic. ROARD OF ALDERMEN ‘The Board held its first session-in May last evouing. Presitent Clancy in the chair. MAYOR'S MEGS ON Ties CHARTER—TEM METROPOLIS POLIO BILE —AWE RW CITY MALL —AWK CRKNTRAL PARK BILL TH PORT WAKDENS BILI—THE NEW YORK MARUON RILD—THE EXCEL, Mavon’s Ovvren, New York, May 4, 1857. (Germans oF THE Comxox Counai— Ta my annual message of last January I protested agains ection of the Legislature with reference coutem| to this city. I stated that the schemes then on the politica aris at Albany and New York were fr with ineal eulable evils, and would» if passed into , iransfor much ofthe government of this city to the central power ‘against Meastres, portraying the evils 2 ev ‘which would fiow from their enactment in such terms as Aiene. heaeret up an indignant. re: beemed appropriate bo (he sub yee Ae allem was Pale by me, a6 OR A Previons occasion, to arouse the Common Council of this city, and the poopie Mt represented, to a just scnse of their own municipal rights, and to the assertion of x boid determination to maintain them at ali hazards. If 1 fated in producing these senti- ments, it is certain there was no error iz my apprehen- sions of the danger or the nocessity for acion. ‘The cvils then prognosticaved are now unfortunately up- on us; the very bills, in rormandsubstance, which were prepared ‘ate caucus at a hotal in this city, were soon aftor put upon and have It now ‘becomes again my duty to call your attention to this sub- Ject, not as before to urge a preparation for defouce, but as alluded t© by me as having beea private their passage in the party cancus at the Capi Bince gone through legisiative forms of iaw: of the way to moet the danger, now that it is here. Aserics of bills have been euacted which are as disgrace- ful te the ‘ties responsible as they are repugnant to the Sons thutice and to our dearest rights and Hbertic z The Le has treated this great emporium as a subjug: oy Under the theory which manifestly governed that body in making jaws for us, we have lost pot only ali eur ancient rights, but much of our modern power aud prestige. We arc’ not only deprived of tho authority common to al! communities—of the power to form Weir own muuiciyal reguistions—but have failen to such a feeble atate of vassalage as to be bereft of any ‘Yoice in the eelection of ourown masters. Thes¢ are to be furnished us y the centrai kingly power, without our con- went, but as our own expense. aan eae Sesccgn at thus abused bs a C1} corporate wi 18 recognized in every fori of ara Ba Neither the Crewn nor the ‘iament of Great in would dare to thus encroach upon the ancient privileges of the city of London. ‘These are held in reverent esteom, as nn almost sacred preroga- tive—next to dint of the throne itselt. Tf regard for the rights of communities in their own local Independence ts thus manifest in countrics whore too often “ might makes right,’ and s poworful consolidated govern- ment rules ait, how shonid it be with ws, where the whole 1 Aheory of our daws aud coustitution is Based pon repre. | the bouleL © CoVErMMen!—i pon the acknowledged right people to select their own public agents, from the emullest ht power? In this State the people fixed it in (he ic Inw. So jealous bad they become of aa anempted jon of contrat ever the localitios Dy & ruling political dymasty at the |, that they canned to be inserted im the last dation & clause expressty forbidding any interference with the 50- Ioction of county, town, city or village officers. In- | deed, the immediate cause of the creation of the cConveution which framed that instrument, and tho pro- of State powor—a dosira to the highest im place and ‘were antagonism to centralization Weobdtain sccurity for the future by a sure dessemination of local independence im the choice of locn! arent: to ad- minister the Iseal governments. It was to plac: those in- end. 3 @ subterfuge as has now beem devised wil! be for the Jc. diciary to determine. ‘What are our duties under the several measures as ‘Those bills ma) bo designated thas, vis:— A Charter for the city of New York. The Metropotilan Police bill. A Dill Werect a new City Hall A Dill to improve the Centra! Park. ‘Bhe Port Wardens’ bill. The Racise. bill. Relative to stage routes To reguiate the use of the sips and wharves, piers 2 | 1012. To amend the Pilot laws, and Relative to tax commissions and awewments. There are others more genera! in their opera: which bear to come extent oppressiyely upon ou: I shall now refer only to those which I am c he will become the hte jestion presented der this instrument? Thave no to be pursued. We shouid it, unpabatabio the Board; with the | the Honrd, have no-wotes: be valld and par s whould ‘about which | chrks and other officers, make all the appointments, an‘ ‘h prepara. | give the Supervisors the power to raise the funds. we must submit. invalid. Thus whilst certain sections: contested, are re can be no question, and to carry fone be made by the Common ‘Tum wrrnoror: ‘The first section of this a Gerciaing and governing tho police foree of this city, ‘and governing is city, palpable violation of not only the letter but of the whole ecope and spirit of the constitution. This fatal objectii respectable lawyer who values his Pprofessi has been found to declare other- wise. With thie fact before me, #o strongly vouched for by some of the blest legai c’ Taball not be ewerved Competent judicial is #0 patent that no onal seiiors in this State, I {wrecognition, trom which | mente upon all that portion of the city lying. between te compelled by the decisions of taken to arrive ata final adju- | checked and suapended whilst ‘No other has been , butevery exertion made to push in th titutionality of th A eek ot tee jn the constitntionalt; ie the right to exercise the duty Jaw iteelt is unconstitutional and void. It is add that if on a final hearing of the ppepis it shall be decided that the’ District act is not repugnant to tho constitution, eume the whole of ‘Corpora. tion of New York shal! not suffer a dollar of expenditure y instance while Mayor, when I assume the whoie re- atbility of the proceeding. But as odious as is tho dis- of the constitution, there are other features almost ll tes a large amount of city iuclading twenty pieces of valuable real estate, ‘the State without compensation. It deprives the chief magistrate of the city of all control over the police, and declares in terms that orders, promnigstions or the regulation and supervisions shalt be transferred to this new Board, aud officers to be selected Rivt, invasion, conflagration and made exceptions. It’is provided that fore exercized by the Mayor over the police of the city in shall be posseased by the Superin- tendent of Police, to be chosen by the Board. At gives the new Board extruordinary powers in the indirect control of (he elections to be held in four counties. including this city ; withoul its authority n0 within two hundred fect of the except it be its own police tabies shail We placed within have the exclusive charge of ‘As apparent as neceswar; by the Oourt ot equally obuoxious. and contiscates them to e power hereto- such emergencies, e kame distance ; the ticket boxes in which the ballots are deposited—appoint the poll clerks, place as many officers (temporayily made for the occasion) in and around the voting places atin its judgment are required ; class of voters are to be kept off or overawed, tho rights of another class faci- | exercise an arbitrary and exclusive authority over divers ticket boxes to be at the merey of men | ‘anty of regard for | it invades the and in this way one t political ives otfer no it 3 the franchise. i found guilty—isy- | for being found upon the ried on, though he may debt, a3 a servant, on a deretict son or fr required than that he waz Tt gives’ to the private pollcomen, entirely authority, and not for public Uy private enterprises, profit nid purpose, Ho talter oF U.ose who them may demand. ‘Aland domestic reistions but others who teresta beyondthe reach of just such arrogance, tyranny which, ely for the good wae ‘wolfase of this commonwealth, have obtained posses- mion_Of the State government, that this wise aad truly pat- ioe principle was indolibly aud analterabiy pi in the constitution. Whether it shail be evaded by so clumsy secret institution can be more dangerous in its Lerdency and its results than tsto be found in any other country over hich modern law ls recognized az government. i Ag Question, 4 the reach of any local accountability. | tons counties are thus to have quartered pon , an army of black republican officials, created by | acting. ard appointed at Albany, ever whom they ean exert atroi—whom ther cannot remove—but whove enor- | of the other bills mous expenses amouniing to over one million per year, | they will be obliged to bear. pal characteristics of the Metropol: LI have felt ita sacred duty to resist, | Ia my judgment ita course should be dictated by prudence t you wonder that those who alone ere to be bene- NEW YORK HERALD; TUESDAY, MAY 5, 1867.—TRIPLE SHEET. and improvement of the lands east and west of the park, from river to river, must opener: eresed, whilst our citizens and their ‘representatives in the Com- mon Council have bo power toavort the evil. Let our tax- ers endeavor to realize the amount of damages which Defore us, and ft is our duty to consider it with the city at ina may become Nabte for to owners of pro- to us ts, what are onr duties an- doubt as to the beat course wd by any change fm the grade of so large a of the The Mayor, Aldermen and Commonalty of the city are re- quired to borrow on the credit of the city any sum d manded by the han to be ex- tod annually, no choice Plans of improvement oat ny be eubitied, itrhey were Dot necessary to ‘of our corporate righ’s, and that the whole borrow saoney’ they e would be entirel ‘The Puperv! ‘of the county are required to levy" lax bas § yeor peeeatante erie interest upee the money, jayor, Alderman, aro to borrow, Tice Gitented to do 80. by the Woara of 4 The Commissiovers fixthe jee OF engincers, surveyors, ‘Thus it will be seen that the act forthe regulation apd go- vernment of the Central Parks im the city of New York, recently paseed by the Legislature, diverts the city of all control for the ensuing five yeare, overs very large and ‘yaluable portion of its reat estate; it authorizes any change in tho grade in aby of the streets adjacent tothe park which a majority of the named Eighth avenue and the Hudson river, and the Fifth are- nue and Fast river, north of hte svapen to 106th streets, are new grade is de- termined upon by tho Commissioners. The Croton Aque- to the permanent grade shalt be eventually?) may be pre- tosee their honees perched upon a hi yw. Owners of property who. have recently been assessed for reeling, grading and Beving the streets, may prepare to pay another assessment for re- grading and repaying. the full term of five years, property adjacent to the ‘will be held subject to this uncertainty, The laws of the United States authorizing tho appointment of collectors of the customs, marshals, land por and othor officers, for four years, reserve the right removal at any time previous to the expiration of their commission. Thia law reserves no power of romoyal, but confers upon the Commissioners the exclusive right to fill all vacancies which may occur by the death or resignation of any of their associates. At the end of five years, when the money is all ex, led and the city saddled with a large debi—tosay ing of the endless claim for damages which may arise from any chango In the grade of the avo- nues or atrects bounding the park, or the grade of the street affected by such change—the Mayor and Commor Couneil are to be allowed to resume shots charge ot this portion of the public property; but unt en our citizens und their representatives in the Common Council are as effectually deprived of all pewer over the lands recently purchased for a Central igs as if said lauds were localod Within the Regent’s park in London. THE PORT WARDENS’ BILL. This act creates pine commissioners or port wardens, ith enormous fees, aad confers the most extensive power the navigation and comimerce of this port ever be- fore attempted. These favored lemen are to have the control of ships and cargoos at this port, and to commercini and legal questions, to the exclision of court and juries. Tn other respects the act is so repugnant to pe rights | the interests of commerce, and so shameless of common of citizens im disregarding the common law principle that | decency in the opportunity it gives to the partizan of the a man ts presumed to be imnocent w ing him liable to be convicted as a “common gambler” | omises where gambling is car- e there for the collpction of a feasional service, or in pureuit of |. The fact that he is found there is deemed sufficient evidence to convict him of an infamous offence, no other proof being found Upen the premises. This sweepin, provisicn subjects any man who enters such a house, with- out knowing its character, upon a cry of murder, or for any other purpose, however humane or necessary, to cor- ation, tf not losa of Uberty. oners the power to create an indefinite number of independent of al! local 3, but to be for their Saal ee conver ee und crueilies may be perpetrated against citizens in their through the action of this its yerviiese 2 Oa sepruietioners 0 privilege, whether for revenge inquisition , or place an officer atevery man’s door. A ‘by this means among us destructive in central power to fatten upon the earnings of trade, that pre- ecules are beg made by those affected to test its constitutionality. No one can doubt the result, ‘TID BKW YORK HARDOR BILL. This bil! takes from the owners s large water front on the westerly side of the city without compere tion. It gives to the State ‘corporation as well a ivate property, without consideration. The individuals whose interests have been interfered with will resist this encroachment of the State authority, and the j Corporation should at ouce take measures for a Ike protec.” i tion of its own property. THY EXCISH Mt? Tis is ancther of the encroachments upon individual rights for which the dominant party aro 20. much distin- guished. It will probably be as fruitiess in the preven- tion of intemperance as it is antagonistic to the that should govern all American lows. The distinetion that it makes betwoea the of liquor by tho rich man and by the poor man, fs fing facilities for the trade to the former, which it denier tatter, ts Consistent with. ee se which bas always acknow. 4 to the priv: classes, but 0 be | Sow rely on ‘when discovered in one who is lowly ; bora. t adds | freehoklers among his immediate friends and neighbors ly two Luudred thousand dollars por year tothe city | ghall be allowed tosell the destroying element which, ac- + for salarics alone, to say nothing Of the enormous ; cording to these gentlemen, deals death and destruction to outingent evpenses whlei will necessarily follow the | | acuiou vf a board who are placed by the State Legislature | whose condition deprives him of this support, ia denied | the privilege of transacting @ legitimate ! send from adjoining counties persons to pe?- | and endorsed by law. By this condition a the proper time Overtiow those counties with elec: agents under | of metropotilan policemen. The peopie of four large aad ; original Stamp Act of the British government, so indi; them | nantly repudiated by our forctathers, was far less ex- aii who partake of it; but the unfortunate poor man. ie, iaas of mono polists is to be established, whose merit lies in property and rich fri while the equally honest and worthy are to be ehut out from any participation ia the sane wailic. The hu pon vagenn ay! beg refer in this document t6 the details this Logisiature has impored uj us. It is sufficient for my prosent purpose to j expose the objectionable features. What ix the duty of | dei the Common Council in the promises is a grave question. and Caition. Conitict of authority should be avoided, and Hed upow | fi should cling to it with euch tenac:'y. Should | those parts of the several laws which it iv incumbent up- officially’ to Botice. there may be go misapprebensiou | the people 6f this abused aud deridod city be surprised | on us to carry out, and which aro clearly not cbuoxious b as tomy news in reference to them, a» wei! astothe | that men who are w be made princes and potentates | palpable legal objection, we should readily accelerate by course which in my judginent should 'bo pursued by tho | 4 cluteh with so much eagerness the dazzling sceptro | our official sanction, Common Council, I take them up somewhat ia detai!, giving | of 1 what I deem « fair aud impartial view o€ their pgymineut | features. He CHARTER. ‘This inetrument coutaine very few, and, in my mdgment Very unimportant, improvements over those it las @d. But ib does cout of the faith and kin of the ment of his office, it permits an excoutive department whose office is’ not abol ished, to serve the term for which he was elected by the people excopt myzelf; and though electad or lwo 1 but one year. It "or ~ ndition which fe, would prevent any man Whe office from holding it to the office of Mayer the poy Bf Faxes and several othor posts of trust and importance, swiatlss it doos not givo him the power to appoint a single head of @ wppartmont during my term of offices, nor doo ——— adawional authority at any time to (hat which he over them. This serions defect in | ‘the amendments to the charter passed in 184) and 1853, is | the ri ‘net only contained tn this, but what little couls be gathers in them by impucation is entirely destroyed in the express of authority to others. It gives large and dangerous powers to the Department | Of Finance, with increased patrouage and © ithe Li abolishes the Nepartment of No} Qhough the incumbent of the ofice had near (not, it 18 be supposed, because fh 1 yartitions is year, a One hail of the Board of Aldermen haa another year Ww | wil serve, for no other appasent reason than to carry out the | 4 general party acheme mauifest in the whoie docd ment. Tt © geerymanders’’ the oily imo seventeen alfermanic dis ), forming them of euch warde and part: of wards WHR beat ecoure & major demmocr me ty TN abollabes the off) pictom in con: nents ty vill patronage with thue who have not committe: a lle Offence. It moditine the rentriction: of previons charcers, rv, | alty, shall be divest city charter over th ndred and fifty the Common Counc people, fatigued by reoent atteuti @ more general or mations! character, ~ lite concern, and give wp without whee poouniary interest- ia the «jx tyit) and energy. 1c ts not to be eubrn noe of rejection, Wut ts our consent, but against the remon and the two boards of the Common preseed, as well as of the representativ« be Teqeiatare. Thus it legialates for persona, and not for principles. Ts | r noms are made dependent upon the political pro | $100,000 will be the annus’ of the present incumbents, aud not upon co Takons cunneoved with an improvement im the city govern Mout. All prostituted to the partizan designs and per somal animasitics and preferences of the frat Comstetution , the corp. rights, the v yr the ancient priv. iog, af New York, have been made wo yield to the behests of the burher power. instead of reformatory changes, o& tating evils have been enlarged and mew defeets and de- Beicncies tntratuced teed of the cow dation of power im the hands of Ue chief magitrate, as gewerally asked for by the people, mach of it heretofore existing has been tramderred to cubordimate officer ee Whom hey given Bo Contre! The Mayor has beea deprived y oH meek of the power « hi been granted fawek all that can give respect or precuge to the offer. Me has been made almost powerless tor good, though he aaanot eecape at least 8 portion of the re<pons! yo the maiadimnistrauo intro Instead of thes wih nccowary aflare wh re us be git fet, as w A reason, or of the city @ ry If they are successful in fice authority with ail th ditional powers which t than regal prerogative. | indeed a conquered Not only will departed, but also ii vidual rights, the secur fore “Recure exercise : | that created | speedily come i | rests and our rights FERNANDO WOOD, < Ithas given to the has used it, to appoint, who, with. | for next Thursday evening, a pre: | onirol over | Board Juni fumed, many millions. the plans nor the oxpense, but like te police commission, voverelgn aud independent. | reported to the Bourd, (as will bo seen ia the minutes of | January 12), laid on the table, and ordered to be printed. The special committee was subvequently authorized to aye with becoming docility ander Not only is this board clothed with the authority to tax tis without our consent, but the Degisiagoce Lave in this instanc powing of our own F red upon it the power to open negotia- lions with ondto dispose ef 10 the general government a eile fa government Post Utice to be taken from the It i unpecearasy to comment further upon so this additional humiliation. | ca charter for the cty of Mew York, nea | whereas, the said charter bs now in fui force wud olfect | and no legisiating cau be dome in the eity of New York ex- cept under said new charter; it was therefore ‘ Jempted to deprive us It takes | of the right estate. This com- f to appoiut the Receiver | mieton | sirietly comply with al ds sections Umi ald charter 1 proved to bo unconstitutianah | up ordinances to organize (he deparumeats aad to report the same to this loard at its next menting. Until i ts pronounced valid, | wa. parried by a vote of 15 to 6. esting it an the cant aud impartial hearingJt i, a my opinion, eotilied te be consideration whatever CENTRAT PARK Brrr egard of the provision of the constitution | 5 to improve and donere were named by the Legia- | the President, Jonas N. Phillipe, Eeq., previding. 1 ie to be regretted that with the pride and welfare fo serious an embarrassment as may testing the legality of the appoint he was requested to do so by the Board. the last meeting for disobeying the President's orders, apologized for leaving the chamber, remarking that thoy did not intend to violate the rale, Mr, MeCahit!, in em plaining bis conduct, created a great deal of confusion calling some of the members “‘ragamuffins ,"" “‘vagaboods,” &e. Mr. Warner took his remarks ax personal, aud «poke about fourteen tmes—at least those who rose to a poing of Orier said so. After an hour was spent in calling each | other bard names, and ine reguiar Tammany free fight, Mr. Waugh said be was sorry to find that ihe gentieman from the Fourteenth (Sr. Warner) was not preseat that evening. Mr. tomom ruched to Mr. Warner's resens neki why | be no doubt raised, to the » pamipene nent of he work wover, the central power at Albany to select our officers, it ie better to ether public improvements until its submited tw judietal 4 otral Merk a Fam, and b the advantages pay ef been taiated | ack of the 7 detriment, delay, aul pr mRCGuence to the ”' than any pubile im- wnt which can be projected. | 5 4 Commonalty of any Nay, more—it is | at the Mayor, Aldprmen and Common hority conferred by the 60 acret of the public the ordinances of the Commtssion—not of the Common Coun. reengnized therein as law. ‘ted in any contr niedemeanor, but he tn 0 of power in the Board, there b ber of the Board may be im | If majority of the Board should Interested in contracts, the minority: fraudulent exercise of | of the Board is ap of removal is re sa member for five years, unless | ® York was capable of governing herself the regular bust- b reading of one of them, Ifa member of the Buard is inter | | were acting a , Legislature, which was to have como into eifect on the Ist | awe of the State. | pointed for five | kerved in the law | he dies or resigns Ny in January the amount | THe OFINION OF THE CORPORATION COUNSEL RELATIVE TO THE bat the law does not limit r, except by implication. 4 from adopting any plan of improv utire expense shall require for tl interest a greater eum than one hun- If a nix por cont stock is created intereet on $1,666,906 66. This, the Limit of expenditure for improving the Park , but may legally expend the Law Departinent — To Te How. TI Boa oF CocnerLarn — y of the Commission questing me to report whether the charter, pawsed by the Legislature in April, 1867, deprives the members of the ae Common Counell of their pay after the Lst of May, 857 tion with the Burean of Lands and sand adjnet the | s boanding said | niehed with a copy of the ¢ grades of | reviewed its provisions while at Albany. and that my re- collection upon the subject was, that it made provision for permanent width park and the per the adiotring stre Blere ia a power conte ud Use general public goud | dof Commieaioners | Ot be impeached « Senate bill No. purported to be the “ engrossed bill from the As 9 referred to the Committee on the Incorporation of Cities and Villages, amended by them, and ordered printed as men and Commonalty is empowered, ia conyanstion with Lands and Macee, to alter the entire grade of the centre of they may stop the work now under contract of grading and paving any of the streets adjacent to the park, and subject the city to an unlimited and almost | able amount of claims for damages, not only fe tore, but owners of land affected by any ¢ hange The Croton Aqueduct Department Superintendent of ¢ 80 necessary to the health If our rights have been invaded beyond judicial redress, | the people tn their sovrercign capacity will sooner or later | render us asure verdict. In this country all should trust devolve upon them, then this t | to thts tribunal, and bow with submission to ite final arb!- ory | trament. Ifthe public servants who, in an evil hour, the Ty Of | exeitement of last November threw into governmental | positions, have prostituted their trasts ia the per i Of these gr ongs, We may rest content that the power that the ill deal aa summarily with their pretensions as they hare dealt our inte- , Mayor. The reading was suspended, and made a epeea! order Alderman Burnt offered the following: — Whereas, epecial committee was appointed by this ry 7, 1867, to whom was referred that portion of the snnual mensage of bis Honor the Mayor relatireto the drafting of the mew city charter, and a charter wae proceed to the Lepwlature aud ask them to paw ved, That this Board wet under Uke pew charte: and Resolved, That a committee of five be appointed to draw Akierman MoUowxky moved to lay ou the table, which ‘Adjourned to Thursday at 6 o'clock | BOAKD OF COUNCTLMEN. ‘The Board met pursuant to adjournment last evening, Mr. Orramem presented his reasons for not voting when je | aro Bubservient to i | going facta, does, in my judgment, deprive the members of the | Get Gomsmik bogie a yank MGMT. <The seven members who were placed under arrest at | ‘ | | ecurritious’” gentleman of the Fl cage Mr. Warner wae there in person Mr Orranson hoped that after uhis exhibition of how New ured such lan- cae would proceed } A number of petitions were handed in, and during the | nt if the Roard miogted by the | Mr. Orransow rose ait eked the Prov ding to the charter I May. The Prmstmaaer replied that they were acting under the The following communication wae recetved from the Mion motion the readti ordered to be ' ay pr in document The ge will be found im the proccodings of the | Board of Aldermen. } PAY OF MRI: The cubjoined communication was recived from the Law Devarrweer, Ony oF New Your, On the 20th April, altimo, you paserd a reeaintion ro. 7: to which T replied that Thad not (then) been fur law referred to, but had hastily ymoent to the members of the Common Council after the st of May, instant. When I gave the inquiry T had before me amended.” “The last paragraph of the 44th sec jon of this Dill read as follows s== “The members of the Common Council shall each re. ceive for his services an annual ealary not to exceed $500, to be in Hea of all other co mpensation, and of all expenses incurred im the discharge of the duties of said me Ihave since been furnished with a certified copy of the Charter, as it was Ginally amended aut pareed, and as it i i I aud tosay thet tie charter, as it now Fi ‘Of their pay after the at of May plupl " bs ‘Lconfess to yon, 1 reach this conclusion with extreme | Jervooal reluctance, but however, nyu T may consiver " he isions of ‘now law in this respect, I must not se eet Claverel of what t consider 40 be ts Tegel interpretation. ‘have the honor to be your obedient servant, R RICHARD BUSTERD, ‘Connsel to the Corporation, SUPREME COURT—SPECIAL TERM. Before Hon. Themas W. Cierke. THE INJUNCTION AGAINST THE NEW COMMISSIONERS ABSOLUTELY REMOVED. May 4.—The case in regard to the quo warranto issued agaiest the new Police Commiesioners, was brought up in this court this afternoon, in accordance with the agreement of the counre! anti the: direction of the Generai+Sepremo Court: After'a mere formal statement of the design in bringing the case up in this court, the foilowing judgment. ‘was given by Justice Clerke:— issue of law joined hereinafter, hearing she Attorney Gene. ral, Mr. O'Conor, and Judge “ plaintifis, and Messrs, Kvarts, Field and Van Cott, of coun- fel for the defendante— It ig ordered and ndjndged that the demurrer be, and the eame is hereby, overruled, and that the said issne of law be, andthe came is hereby, decided in favor of the de- feudants on the merits thereof. ‘And it is further ordered and adjudged that the said de- fendants have due warrant of law to hold, use and enjoy their respective offices ax Police Commissioners for the Metropolitan Police Divtrict of the State of New York, witir all the powers and authorities pertaining thereto, and do now lawfully hold and enjoy them, and have notin any manner usurped this same or any partthereof, It is there- fore further ordered and adjudged that the complaint be, and the same is hereby, dismissed upon the merits of the with $26 costs to the defendants, to be paid by the case said Fernando Wood. SUPREME COUR?—GENERAL TERM. Before Judges Mitchell, Peabody and Roosevelt. May 4.—he People on the relation of Fernando Wood, us. Simeon Draper, el. al.—As 600n as the court was opened this morning a gentleman named T. J. Wemyss, sprang up and addressed the Court, asking that he, a Fu- ropean, who recelyed no protection from hts own govern- ment, might apply to this court for relief and justice against Daniel EF. Sickies, by whom, he eaid, he had been grossly betrayed and cheated out of $1,500. Thte strange announcement caused quite an excitement. Tho Court in- formed the applicant that if he had any complaint to pre- sent, it must be presented in writing or by an affidavit. The gentioman said he had his affidavit ready, Judge Edmonds then arose and stated to the Court thatan action of quowarranto had been commenced by the (old) Police Commissioners, to test the constitutionality of the recent police acts of the Legislature; but that an srrapge- ment bad been made between the parties in the controver- by, 80 as to bring the case on in this court this term. ‘The answer to the Co pee ce mmo hme mr omen by the dofendants, wi raed acre papery nowt nak the Gaurt if thoy willaasiga: day for tno hearings o a nev, File f , which they (the on the other side ob Haturday : Supreme Court.—The People cx rel. Permande Wood es, Simeon Sin—We send yoo our answer ferewith. Upon it an offer can ns once be palced. by Jum Loi ua wit taseat that sa ila arr dat sony ape eh r : ou ty od oe ‘be you may peal on 5 = we the. Mi the earliest diy which Jou kote a “BROWN, ities ata ort, Hox, 8. B. Cusmya, Attorney General. , New Youk, May 2, 185. be Fémonds, of com for the Mr. O'Conor thea read the followlng letter aa theif ade swor to the above: — The People ex rel. Fernando Wands Sime Dreperand Others 2% sams. :— ) daind BT Inet , did no! come to Brows, Hau axp Vaxpen: GexTiLRMey—Tour propos hand on the day of ft dato, and for that reason alone was not more prompily Auxwere ‘Tho proposition herein Contained ts hereb: accepted. feutentt ho ‘- y ae er it is not wever, Jur your coasideration, expedient that we wuit¢ ina request to Judge Peabody to sua- 2, bd hi: decision on the tajunction, untit the judgaeat of the jeneral Teym cau be had, or at least wall! the close of the widest statement of them is deemed uanecessaiy. My ans laine in this case await you at the General Term, Upon ae, arrival they wil! unite with you {2 an application to the Court ta aanign a day for the heartag. To-morrow world be quite agreeable to me and my associnign. It willtake what remains of this day to prepare the papers tor’ Yours truly, W ebmon Ds. for 8. B. Cushing, Atioruay Ge: New Youn, May 4, 1507. The Court, by agreement of the counsel, directed that the judgment should bo taken at the special torm @ the jpreme Court to-day,and the argumont brought om m 0 general term of the Suprome Court to: morrow. Mr. Field was not willing that the case should be take before the special term to-day, uniews Judge Peabody gaye his opinion upon the injunction, but finally consented to it. 4 Berupixa Crrms asp Towns im Kansas—A Kansas correspondent of the Boston Journal says:—In very many free State towns, where three months ago not & hove could be seen, hotels, stores and workshops tilled with mechanics have inade thelr appearance. Sumner, the young city in which lam now writing, is, as its namo indicates, a free State town. Although but four wecks old, there are now thirty houses in provess of comtruction therein, and many others contracted to be built tmmedi ately. Thi situation Isat the great western bend of the Missousi river, in the centre of Northern Kansas, thus making it nearer to Topeka, Fort Hiley, Manhattan, Grass * Fails, Powbattan and nearly all the country north | hope * y iy i Kansas river, than any other point on the Missonri The location on the river i where the divide or high laed detween the White Clay creek on the north and Walnat ereck on the south 5 hes the stream, thus affording permanent rock landing unsu ‘any on the river From Bt Fouts to the ("head of the hollow,*) Roux Cty Town, a distance of ten hundred and fifty mice. | Sumner is noted as 6 “0 v. Pardes Butlor, when Mas Gated enti Ientueres uot pat upon ® raft made of two logs, by Atchison, Stringfellow and their | coworkers in sin aud iniquity, ‘at the litle burgh of Atchison, four ities above. worthy Mr. Butler in- tends making his residence in Sumuer, saying that it is to him lize the promieed land. Mechanics and business men are very much needed, to whom the most liberal induce: ments are. offered by the town assoeiation. The present inhabitants of Summer are nearly all from Massachusetts, Vermont and New Hampshire, and the frequent arrivals are mesily Eastern people. The country back of Sumuer ie upsurpassed in Kansas for beauty of scenery and fertility of soil. Coal plenty upon the city site, as well as timber and fine spring water, of which there # an abundant sup ply, together with building stone of the very best quality. Srrancr Love Arvare my Inptana—Paerntar Ierenvixw Berwxay Lovans—Taavxor.—The Liberty Her aid, printed at Liberty, Usion county, tells the following :-— ‘We have been placed in possession of rome most melan. choty facta in relation toa young man anda yoong Indy, | the former @ resident of PreMe coanty, Ohio, and the latter A resident of Oxford, Tt appears that the young gratioman is & etucdent at West Point Miltary Academy, aud the Indy was his betrothed. Being absent from Jong while, he returned home some two weeks since, and found her rvarried ait fe Ber sevens confinement, “Although: acer. rospondence regularly kept up betwaca them, she bad concealed the fact of ber marriage, and of course he was startled to find how matters stood on his return. ‘The young man winely dotermined to lot matters pass off | quietly, and seok friends and fortune in another place. Ta View of this determination he comeduded not to seethe lady, but unwise counsels of friends prevailed with him, and he womt to the house where she resided. » While in a room adjoining that of a lady, she heard and recagniaed his volee , and expressed 4 deeire for an interview with him He immediately repaired te the room, where a most affect ing scene occurred. Sho asked and obtained his pardon; the interview closed, amd they separated, But what abe had pacod throngh was beyoud her power of en- duranee, and that night her spirit paased from earth. ‘The young tnan was net informed of her death mntil merning, he attempted gelf deatruetion by jumping into a mill race not far from whore bo resided. He would have rue- corded in drowning himeelf but for the acctdental appoar- ance of a gentioman wending bis way along the race to the Immediately after he was taken from the water and d, bie friends sent him to Cincinnati, where he bim at bis hom A Dovere Munpen i Pesyavivanra—Our community waa terribly shocked on Friday, May 1, by a report from up the Monongahela that a respectable farmer (residing on Elizabeth road, in township, two niles above M'Keeeport, on that river, and about eighteen miles from this city), with his widowed sister, had been brutally murdered and robbed. From what we could learn on Pridag, it that a farmer, a native we be- lieve of that township, named George Wilson, aged over seventy years, resided in a log house on “Gamble’s place,” near the river, With his sister, Elizaboth MeMaster, a very aged widow woman, On Friday morning they were found in the house brutally murdered—the man having beon stabbed some half-dozen times in the abdomen and breast, apparently as lio was getting out of bed—the woman lay ‘on the floor, her skull crushed in with a club or other heavy weapon, and her brains seattered about the room. Mr, Wilson was a rexpectable man, but known as close ‘and econotnical in bis expenditures, and was supposed to have had fome money—from six to twelve hundred dollars in the honse, phich was taken by the robbers. A wo- man named Charlotte Jones, neta to the murdered por- sone, and two men named Henry Fife and Monroe Stewart, have been arrested for the crime. ‘The confession of the ‘oman and the evidences found about the persons of the leave very Mitle doubt of their gailt,— patch, May 2. away from the scenes that would bring to his | memory the unhappy circumstances which had overtaken ' | seiert aman It is supposed that four or Ove were wournted | from the rail by some obetr m proceedings in such order and to possible to obtatm them (or pubdtication. The following lotior was addreased by Chauncey Brooks tq. President of the ralrond company, to Gov. Ligon —" DiuetuSal stp Date Ramnoge Oeeeae, Ts Gor, des ino ckroutesiences im The foregoing lettor was responded to by Gov bt ry the Governor, Wh amber of mistaten iarienmmin rain imate ar. ¢ the public pease by to and '& wanton dis- re; of the laws, aud the proper civil charged With the due execuiion of the same. now: 1, T, Watkins Governor of the State of do, by’ ro ‘warn al! pergons other ‘the civil or ry wuthorities, and those employed by them in the of poaneneen dak: the ‘of these disturbances, ines pity jin wil ot aly promt eegioe ts the rentoration aa preservelion of pueile traur i most ficient means at tho con of, the State anthorttten wit toyed ‘summa, D akan: uve wo ny be Ea ; and idle Soret coca! loLend disorder tany bo tne eaare-ot 'oub- them to the danger of # ef 1 citizens of Prate to nid in the maintainnnos of the law, and tn “ a inishment those engaged tt this oper contempt of | "Tentreat tham to be viglaat inprescrving the peace and poe ihe civit authorities, The scountensace Dy well is: iz sed eifizens of the unlawful proceedings which have occa- Bomed this prociamation may fo,much towards. malctaining ondor and over awing fhe spitit of insubordination, ‘And I do further erjotn all those disposed to riot and disor. der to retin to thelr homes a= quietly disposed and order lov: ing citizens, wad (0 desist {com wii unlawful proceedings, and this avo d danger and the certain punishment that wilt be vis- ited upon those who may be in disturbing the peace ‘In testimony whereof I have hereunto subssribed my name this 24 day ‘or May, A D. 1807. T. WATKINS LIGON, By the Governor, Nataanini Cox, Secretary of State. This proclamation, printed on large posters, was early in the afternoon distributed among the stations and various riotous localities, and its exhortations and warnings were generally observed by the citizens, the gatherings being much thinner than on former occasions. ‘The following military order was also issued by the Gov ernor and addressed to Gen. Staart:— Tika Quanrans, Baltimore, May 2, 1897. val bi Steuart, iat jor Genoral George pales MV. I tating eon mato knowa to, ma, thai» serious disturb: jublic” peace and Olt a’ are generally entertain banee. ehonld this unlicensed irtt and disorder go unchecked, you nre, therefore, , forthwith, to detait stich portion of the miliary force at necessary to accompany cers and employees of the ah Rauroad Company along the tae of said road within this Stite, and effectually to aid the etvil muthorittes to mplniaining Oe ace mul quiet Of the Susie. . WATKINS LIGON, Governor of Maryland. Upox this authorty Genera! Stuart promptly issued or- ders to his division, which we annex:— Dryistow Ozvers, Finst Licur Division, M. ‘Bautimony, May In obedience to the orders of his excellency, Gov Of Wile date, Brigadier General C. C. es ou, ander and direct Colouel J. A. Wesion, of the tail such po: regiment (not le: Nea) aa he may. think proper, for Immediaie nervien, to Lost fend protect tbo menaced nine uf the balltimore and ny, with’ their ually to ald te te. The reat of the ‘Si TE Oe a BT RU ART, Major Generni. abe ns oe determination of the company to de: te wains the of the military of the State; at 2 o’clocic the Grays, under Capt. Brust, and Bailimore City Guyrds, un- o with his instruments, &c. Shortly afer 4 o'clock the order was given to me and train, under the command of Captain Au, fus P. Shutt, of the railroad company, left the id moved on to the Locust Potnt he, commenti was to be <itected. to shis place the most warlike prepara- During Oe sCiog made by the sokiiery and others. The cartridges Were served out, and the troops being ordered to load their rtwekets with ball, the music of the iron ram- ‘at onew, argued anything but well for the Fode all going ot Cree, red a thrill of horror through | many a dreast. Arm were also being distributed 0 t conductors and brakesmem, nd others; the side lights ant windows opened to bo waed AS emibrasuros for the mis kets, and every available Kepatao” Was occupied by reso- lute men, determined to stand to tice! posts. At half-past four the war trait avTived, and halting at the function the connection with the snxins was effected 2 the following order: First tonnage train a1 engine, = 4 of eight soldiers with loaded niuske!® @nd fx; for the protection of enginece aid fromant first military ear; second (oopage train with COKUN KUBTE ed like the first; secom miliary car and third “od tomnage train abd omgine, the Sheriff's and ars.~0al car bringing up the rear. ‘The whole length of trains th."* COD- mected was over elf a mile in , and was ¢." Becca of eighty ears froightod is and mer” Chandise valued at dollars, The crowd assembled t witness the departure of the | traimy was not great, amd the proclamatem issued during the day deterred, and Rept many from the loraliues. Tt ‘was ruttored, however, armed partics 0 the sumber of severm thousands were collected at Jackson's tho scone of tho formor attaek, and at five o'cleek the im: Meno tra was pot under way and moved wpon Mat Bpot. Aa the first engine approached the bridge several hundred men were seen upon and nbout it, anothers lying off in the fields. A stone was thrown, which ssemed to be the signal for an attack, and several guna were fred from the bridge sed flelds upes the head of the train. fire was returned by the guard upon the engines with deadly aim auf several of the rioters fell, which frain paused its length repiciy alogg they’ Telied upon the in passed its le: reltiod upon tho master's car, tt ee ae the sheriff and his re, who from tl platform continued to discharge their murke® and revolvers pen them, whieh wie continued along the route at intervals until the team entered the deep cut s mile from the bridge. ere were collected five hundred mn, compored of the | ———— Ce armed with rams swirel, Ww ‘was posted Ga the Denk in such a position ‘ee to rake the fret engine Here a most desperate attack was anticlpated, | aud & hundred cocked muskets lay tevelled from the win dows or brivtied from the stde awaiting the onset of the rioters, and the word to fire. Meauwhtle the attack had been commenced on the guard infront, who were re turning the fre with great rapidity and precision. A 7 on the hill, in endeavering to get of the swivel, the charge by of which waa dampened by the rain, wore shot down the military, although no regular cammaod was given, and the battle mow became prctty gonera! along the tain, though orders were given to waste no random ehot, but at this point. One man standing on the hill, with ae um. Urelia over his heed, and Apparently. a spectator, was shot through the brain-and felfdead. Another of the ricters received a ball in ome shoulder which parsed around under tho flesh of the other; a third was acon to prosa hia hand on his site and dropdown. The discharges were more generally effective than on the previous occasion. As pre- viously arranged, the order here was tostop the train at the commencement of the attatk, when the troops were to dixembark with fixed bayonets, pursue the rioters, and either shoot down, stab ‘or capture them: but the cngincer in front either misunderstood the ordor | or wilfully disregarded it, amd applying the more steam kept on dragging the train away, which met with no fur: ther moleetasion or detention until it arrived at Cwye's Falls and near the scene of the epsanguinary conilict of the previous day. Mere, abont @ half mille in advance, the stx o'clock tain from Elieott’s Mills had been thrown it is supposed. placed upon them, and the wreek obstructing the road the train was detained at this point from seven to nine o'clock, Meanwhile the rain poured im torrents, and the woods and high htlls around adding to the extreme darkness nothing coult be geen for awhile but the dark line of the immense = with here and there a lighted lantern moving among | ™m. ‘ Finally, at about nine o'clock, the track was pronounced clear, and the train moved on ata slow pace and arrived at Filicott's Mille, where & repact war furnished by the company to the bay Te others. A freight and stock toonage train from Martinaburg, under the charge of Mr. Bollman, was here lying off awaiting an eseor: to the city, and ax the services of the military would be required no further the cars containing the mil tary, eheriff and were connected with this train, and at 10 o'clock the train was approaching Ralti more, with @ guard upon the engine, The clouds now Droke away, and the moon shone out, which enabled the engineer to follow the rails in advance with his eye, as it was more than probable that the strikers and others, foiled in their endeavors to drive back the trains, would either tear up the track or place obstructions upon it. In this | manner the track was discovered in several places to be obstructed with piecés of wood, &c. When within two miles of Mt. Clare depot the clouds suddenly closed oer the moon. and the train, now moving more rapidly, ran With great violence upon a short T rail spiked down acroms | the track. The engine was thrown off ite own track w tho other, tearing up the rails and sleepers, and dashed down an embankment a crushed and broken mast. The tender and five ears followed and dashing upon one another | were broken to atoms. A moment after the concussion the troops were disembarked and marching upon the scone of the wreck. Private John D. Filis, of the Cty Guards, was found lying beucath a portion of the engine, He was borne to the military car in the rear and Ir, Jobn A. Stevens examined his wounds. Hie right leg wae found to be broken in two places bolow the knee, Splints were supplied by tearing the nels from the door of the car, and the limb wns set omas Hall, private, of the Independent Grays, was’ thrown upon’ his head and may have recetved a concus ston of the bral Both of the jnred with others ocen pied the post of guard upon the engine, and they with the when the bank from where ceased was in a kneeling position when he was shot, de- ceased was not concerned in the riot, nor had he ang person; the shot was from deceased was; EEE. 5. train; did mot see the there’ was no shooting see deceaed throw stones; he was shot at Umes; deceased bad no connection with the railroad; he was killed about five o'clock, or perhaps a little lator; did not know whether the shot came from the cars or,engine; did not see any of the military on the trains; did not eee any stonea or bricks thrown; witness has had no conneo- tion with the road. David Grove teatifiea that he was within two feet of de- ceased when he fell; he was shot from the train; went out with the deceased to witness the excitement, witucss is one of the strikers; cid not know the ago of the di he had no fire arms on his person, nor did he throw stones; did not see any etones thrown at the train by person; fifty or moré shots were fired from the train; the bridge, and as soon as tho Vegan the men ran and ¢rled to bide themselves; could not wee who fired, because witrtess was afraid to raise his head. Several other witnesses were named, mony was announced to be the seme as the jury then examined ghe boty wounds, one under who fired the ; ‘om the band ; no Zeke alarm was given at but as their testi- (hat already givem, ‘nt found two gana and carrying away a portion right eye, and the other entering the left «ide of the neok, passing upward and near the carotid artery. Upon this state of facts the jury rendered the following verdict:— jouser, came to his “That the deceased, Henry Hi hands of some person or from two gun-shot wounds at the | to the jury nnknown.’? Neged by some who eny they saw it, that tt wae party ip gray uniform; by another, a party blue uniform, and by a third by a party in citisens’ dress. ‘The excitement about the place and threats the part of the men eo the sealed cars, and would stg a receipt with contents Festenday morning there was no telegraphic connee- tions with any of the stations, but it was soon restored, + and the fact was received that all was qui ‘The Hine was broken Gown when tho jet _on the road. train was thrown of quietness. rence to another column that the Faq., has offured @ re- ¢ detection and appre of the road, C. Bro: ward of one thousand dollars for jon of the partice who placed obstruction upon the The following proclamation has been issued by Mayor Swann, warning the people to keep away from Maron's Ovvroe, Ma: Tt having been announced to me by Chauncey President of the Haitimore and Obie information which he baa det i Sos eat Dnen coil me for the known and avowed purpose taking the lives of the office: PAN: bie, that sevorad removed from this est io peacead! trom «1! such sets in future, as tae na whatever from connecting Uy ing to exeite riot of In ven wo the Marshai of Police to care actions. nd and seal at che City Fall thie ih dag Taino enjoin all perso selves with assem)! of without the elty deen vt Given under my ha: of May, A. D. ist" “ADVERT IREMENTS RENEWED EVERY DAT. ONRAD MEULMAN.—, (NYBOD } semme information ns to | of Conrad Meniman, who emigr. id please 2 Bock 2 South Willin (. MELIMENTS TO SIG. ily oy, Seating the early a RHO PRI ma. demption of the Alam ads h: WILL FIND A LETTER co. ‘TAINING THE rug references from C. W. K., whe Medien F THE LADY WHO PICKED UP A PORTE).“ONNACE near will send & to ll piace, she will be warded. Nor'bumberlaad, be will Northumberland, at 309 Canal sireet. N.Y. HIS orrY, ‘A ee ee THIS MERTS THR RYE OF PATRICK McKISS00K 4 mason, who lef Patrick, near G! way nagox. ome, yours wife obi! rahe i ga ta FS INFORMATION WANTED—OF ‘artsh of yn} connt US tion of him will be rany > tf kent of oncoitiog to oh ‘of no drens to 18 Amon UTHERN. —IF JOHN ROUTHERN, TO Sevenoaks, Keut, by hit rs the eaid John Southern be then living,) or hie widor (ahould he be dead.) will ny anew ‘noman ve one fonrth of to their advantage. fh We your IS trom Liverpool, in & ————— OST HUSRAND —IAMES M.RUDS@N TOOK LEAYR of his family in Decatur connty, Intiana, Oetoher 2b with the avowed Intention of obtaining a home in Lows or Mie He reached Bonaparte, lown, in November, in a few Missouri; the following month he Bonaparte, where iehaving lof Memphteon the fuk of the previons ‘self and five small children ippoet, bie denaitite and we days he weat to wrote, and roque wifhout means or any way of copie. He is over six ‘feet, little atooped, jet binek hair, dark eyes, aN ANgUIAT RCAT OvEE his right eve running from the nose, a wart mole on the hair alrays worn roached, free and social, ke friends, and in his thirty seeond Information concerning him will he moat Publishers of newspapers in Lowa, Missourt, Kansas, T on and California please copy, and you vor on the anions rolieitors jown, April 2%, 1X07. PHIRBE A HERS.—MILLIONS OF DOLLARS. —ALL, Y HAYS, 887 Brondway, N. ¥. fosersy, OTF or LETTER, Tali rtgnes ena 1, TAKE THE BAR bina William mone WAS BEEN RECRIVED, AND FouUND be kept for you. v —ANY PARTY DESTR: thelr own, n fine healthy female infants oor aren Will please addres ; eotahle American %., Madison square Post 0 YOUNTRY BOOKSELLERS VISITING NRW J will find an extensive and varied stock of Rngliah d prayer books for the Also Bibles and Testamenta, wi'h pa: chen, at EYRE & SPOTT: 122 Nason street, N.Y.