The New York Herald Newspaper, July 21, 1857, Page 1

WHOLE NO. 17628. OUR MUNICIPAL TROUBLES. THE STREET COMMISSIONER CONTEST. MBETING OF THE COMMON COUNCIL. Message of Mayor Wood. LETTER FROM COMMISSIONER DEVLIN. Conover Still in Possession of the Office, and Devlin Still In Eldridge Street Jail, ANOTHER INJUNCTION. THE PAY OF THE METROPOLITAN POLICE. Injunction Against Comptroller Flagg’s Paying the $100,000 into the. State Treasury. Motion to Show Cause Why the Injunc- tion Should Not be Continued. @OMPTROLLER FLAGG'S ANSWER AND STATEMENT, CONDITION OF THE CITY. Marshal Baker. THE SEVENTEENTH WARD RIOT INQUEST, &o., &o., ae. HABEAS CORPUS GRANTED FOR CHARLES DEVLIN. Pewding the argument before Hon. Judge Ingraham, on the fejunction against Comptroller Flagg, the Corporation Owamel, Richard Busteed, E+q., came into Court, pre- sented a petition and obtained a habeas corpus for Charles Devin, returnable before Hon. Judge Ingrabam, at 10 Snot Gentes). The following \s a copy of the \y Writ, &o.:— PARTITION OF MR. BUSTEED. D the Hon. Dame: P. Inckanam, one of the Judges of ‘the Court of Common Pleas for the City and County of New York:—The petition of Richard Busteed shows that Gmarles Deviin is now held in custody by the Sheriff of the ‘and County of New York, in the jail of said city, and he is pot committed or detained by virtue of any pro- com ieeued by any Court of the United States, or by any ihereot; nor is be comwmitied or detained by virtae final judgment or decree of apy competent tribupal of civil or criminal jurisdiction, or by virtue of em execution issued upon such judgment or decree; tbe cause or preience of su imprisonment, to the best of the knowledge and velief iioner, ie that the said Deviin is heid in cus- ® certain warrant issuei by the Hon. Peabody, one of the Justices of the Sapreme Stato of New York, of which a copy is annex our petitioner alleges, as he bas been advised and that sch imorisonment is illegal, aod such war ued without any juriediction or legal right on ot the said Justice; that the annexed copy contains a true statement of the proceeding said Justice adjudicated that he had power said warrant, and made tho order tha hould 1a said ES g rH if 338 5 cH ; g 3 ii gg A ge Nong Ran. copy 5 your joner acd pelieves! (nat when paid warraoct rant 5 and i Jest4, the sad Doviin wes under an injunction dul waren yout Sono, wberest ane 4 such as was connected with and grew oat cial character as Street Commisriooer of the city ik; and your. seti‘iover claims that for all toe eumbefore meaticued said imprisonment is il- o, be prays that a writ of habeas corpus issue, person baving the cust »!y or conirol of the . or to the Sheriif of the city and ‘ork, commanding him to have the bedy aries Deviin with the time and cause of his sonment vefore your Honor at your chambers ip the Bail of we city of New York, fortuwith RICHARD BUSTEED. Dated New Yous, July 20, 1857. Oty and County of New York, 1¢:—Richard Busteed ve- ‘og duly sworn. raith that the facts set forthin the above petition subscribed by him are irae. RICHARD BUSTEED. Bworn before me, Tom ss Hows, Commiastoner of Deeds, (its 20th day of Jury, 1897. HOTICE OF APPLICATION FOR HABEAS CORPUS. ‘The people of the State of New York, on the application dd Richard Busteed. against James C. Willet, Sheriff of the ‘and coun'y of New York. Take notice, that a writ of habeas corpus hay been fweued, according to law, to the Sheriff of the city and of New York, wo ~—— into the cause of eoog i gs ze s 5 i tf zs & # fin process obtained by you A. Peabody, a Justice of the Sapreme Court, on Satar. last, which |p returnable on the 2ist day of July, 1967 28 10 o'clock in the forenoon, at the City Hall of the city of New York, before bie Honor Danie! Ingraham, (iret Judge of the Ccurt of Common Pleas for the city ao4 coun ty of New York. Yours, &c. RICHARD BUSTEED, Applicant Attorney for sald Deviia To Panta: 1). Conovan, Heq Dated New Yous Joly 20, 1857. ‘WRIT OF HABEAS CORTUS. ‘The People of the State of New York, to James 0. Wi'let, the @beriif of the city and county of New York '—We command you that you bave tho body of Devin, by you imprisoned and detained, as It is sald, together #{th the time and cause of euco !mprisonmen' ead detention, by whateoover name he shall be catied or defore the Hon. Daniel P. Ingraham, nee Com: Pleas for tho city and county of Now Hall of said aity, on the Previous to the rising of the Court, Mr. Daniel FE. Sickles appeared before Jidge Ingrabam, and read a supplemoa- tal complaint to that upon which the former injunction was and for an additional injunction restrain. ore A Oe removed, .. belong “treet Commissioner's ooo. The following ia's ‘sopy of the INJURCTION ‘The Mayor, Aldermen aad Commonalty of the city of New York ve. Daniel D. , Oharies Deviin, James C. ‘Willett, Sheriff of the city aat county of New Yerk, John R Farrington, Henry Bertboif, and David 1. Field. Un reading (he complaint in this action, supplemental to the | compla\nt of the same piaintiits it the firet Shree jants with the affidavit of Richard Busteed, duly verifying the samo; and oo no- fon of Mr. Busteed, attorney for intime, 1h is ordered that the raid plaintiffs have leave to file aaa prosecate the ‘aid supplementa) complaint againat the above named de fondants; and npon the raid complaint and affidavit {i i further orde that tho said defendants, John R. Farrington, erry Bertholf and David Field, show @nure, at a special torm of thie Court, to be held ‘at the City Hall of the city of New York, on the 294 day of July instant, at ten o'clook im the forenoon of that day, they and each of them, their attorneys and agents, and all persone acting for or under them, should not be Festrained by the injunction order of thie Court from re moving or causing t, be removed the books, maps, ro fords, decuments and other property and papers in the gald supplemental complaint meptione!. or any or either of them, and from interferiog with the same or any of them in manner or way whatever; and on J -4. - ot said Conrt granting of refusing such ip junction im the pre Mires it is ordered that said Farrington, Bortholf and Froid be, and they are hereby, restrained as afororaid. Dy. INGRAHAM, Firat Judge of Sow York Common Pleas, SCENES IN THE OFFICE. CONOVER ATILL IN POSRSAION OF IT—ALL QUIRT. Atan early hour yesterday morning Mr, Conover, wiih attendants and friends, came down and took possession of the Street Commissioner's office, whereupon constable Farrington and the rquad cf Metropolitan police, who had kept charge of the oilioe from Saturday afiernean, with drew. Quite a crowd ehorily after gathered around the Hall of Recorde, and disowsted the various phaaos of tho diMoulty in regard to the Street Commissoner’s office. Some of the crowd wore evidently ehouldor hitters, realy to pitch in If there was any muss; but as the sun grow higher, and the day warmor, there being no proapost of a row, they quietly dispersed. In the interior of the office there was a constan coming and going, and an carnost consultation between = partios grouped together in little knots. Mr. Conover sat ia ihe private piling of ihe Stross Commissioner. with Sergeant Coulter, of the Twenty- recond ward, by whom he is held in arrest, under the fol following warrant, issued by Judge Welsh on Saturday :— + New You, July 18, 1667. ‘To THe WARDEN OF THE Crry Prison:—Recelve and keep for examination the body of D. 9. Conover, charged be- fore m> with misdem, anor J. H. WELSH, Police Justice Officer Davee CARPENTER, Depoty Superin‘endent of Police Mr, Corover, on Saturday, hesring that there would be an attempt to arrest him, went before Justics Welsh aud delivered himself up; whereupon the above war- Tant was iasved for ihis disposition of him until his examination. Officer Carpenter handed the warrant ever to Sergeant Coulter, im whose charge Mr. Conover bas since remained He will not be carried to the city prison et all upon this warrant, dnt will, on the returo of Justice Welsh t the city, be taken before bim for ex amination. This move was designedly made by Mr. Coa- ver, to keep himself in the personal cccupancy of the Street Com missioner’s office ; aleo to prevent himself from falling into the hands of bis opponents by means of an ar. rest. In the afternoon the oceupants of the office became very cbeerful and merry. (bere were some dozen or twenty of them, who enjoyed themeelves freely on account of thetr triumph. They sat coziiy tackiag together; not a p> Mceman waa in the bailding; there was che freest ingress ‘and egrees, yet all wae y quiet and peaceful. No important public business was transacted, nr were any contracts given out, because the tojunction of Judge Ingrabain ars Mr. Conover from the use of the books and papers appertaining to the offlee. The decision upon that tr junction was expecied to be given to day, but Mr Conover was not willing to wait the action of the courta in regard to the books, so he has alreaty ordered other books, to enable him to proceed ‘at once with the busi of the Sireet Commiseioner’s office. Several parties who auswered Mr. Deviin’s advertise: ments for sealed proposals fur cleaniog the streets, which pr the Comptroller bas refused Ww open, o the dispute as to the legal incumbent of the office, rent before Mr. Conover yesterday to inquire what would now be dono ith their proporais—whether he will accept them or not? The responses were generally such as to give the parties applying no satisfactionjor hope One of Erio’s sons, after vainly trying to get a promise to accept his bid, turned to George T , the Deputy Su verintendent, and said—! would # huntred per ceat sooner see Mr. Turner im that seat than you 1 have not the least hesita- a to ox; ress my p-eferenco, whatever other people may ave ” The Deputy Superintendent gravely replied—Everybody bas bis preference. At four o'clock P. M. Mr. Conever and attendants left the Street Commi-sioner’s office, which was again taken in gone constable Farrington with a squad of Metropoli- tan e. THE CLERK TO THE BOARD OF COUNCIL- MEN. The following note was received yesterday :-— TO THE EDITOR OF THE HERALD. Orrick 1K BOARD OF CouNCTLMRN, No. 5 Crry Haut, Naw York, July 20, 1867. Sim—I beg to draw your attention to the annexed from your paper (the Huraty,) of the 20th inst, reflecting ‘upon my official integrity. — TREACHERY IN THE ROARD OF COUNCILMEN ‘The ordinanos which should transfer the booke ard papers: of the S'reet Commiasi ner’s office to the “ounsel of the Corpo- ration shou'd bave passed last week There w the Board for Thursday night when it should have met by epecial call. ‘The /aches ia charged upon ihe Clerk of the Soard who denignedly embezzled the novices after they had been drawn up and on ‘way even, it {a s’ated. The entire article bears the impress of bias, and without farther comment from me, I truss you will be kind enough © make an unqualified retraction of the charge therein contained, which I emphatically assert was made without the slightest shadow of foundation in truth. Your ob’t servant, C. T, MOCLENACHAN, The statement of tho Herarp in regard to the notices was based upon the following facts, as detailed by Mr. Deviin and others :— The notices had been made and were in charge of the mersenger, Mr. Green. Mr. Devlin, aaxious that the reso Iuton of the Board of Aldermen in regard to the books and papers of the Sweet Cowmisrioner’s office, shonli be acted upon by the Reard of Councilmen, called to ascertain whether the notices had been served. He learned from the mersenger that they had pot been sent out. Ae then volunteered his own services, as he had as number of horses at his service to send round with measengers. This arrangement was assented to, and was about to be putin gperasion ‘by the despatch of the notices, whicn Fy Devlin got into his possewion. Mr. Mo- Clenneban, however, entered and interfered with this arrangement. learoing Mr. Devlin had the woticen for delivery, he adareseet gention ea, saying he bai got some “papers belonging to thie oftce Mare Deviin said he hai the notices, which he intended to see doiivered. Mr. McClenechan asked for them, and bey were banded to him. He them opened a drawer and locked them there. Mr. Devlin expostalaied, indicating toe short Ume to elapse before the meeting, notified w take place om the morrow. {t was late in tho afternoon. Mr. MeClenechan bad said to Mr, Devlin, on locking uo the notices, ‘You bad better atiead to your offico and I will take care of mine.’ Mr Oeviin’s efforts to put the no- Uces ia better train for delivery oniy reeulted in an alter cation with the clerk, Mr. Devitn protesting agaiast the od- vious design in retaining the notices, and calling the atten- ion ¢f (hose present to the fact, adding that the inevitable resvit would be seen the nex! evening, whea no quorum would be present. MR. DEPUTY SHERIFF VULTEE AND MR. DEVLIN. Mr. Vultee, the Deputy Sheriff who arrested Mr. Devlin, called on that gentleman yesterday evening. Besides the expression of cordial feeling, &c., Mr. Vultee alluded | among other things, to the remarks of the Heratn ia regard to the hurried mannor of the arrest and the little considera- tion shown in it to anything else than the quickest possible deepstch of the matter of hurrying Mr. Devlin to the jail- Whilet Mr. Vultee protested his kindly feeling for Mr. Dev- lin, he thought be bad not deserved the reflections on him fo the Heratp, In a dialogue upon the subject, the facts wore, however, agreed upon: frat, that the issue of the Warrant and ite almost (nstant execution exbioited oxtra ordinary despatch, and allowed Mr Devlin not even the privilege of picking up bis private papers, or of returning back when be bad got half way down stairs, for come im- portant matter of his personal interest, which he desired to give & moment's attention to. Mr. Devlin remarked that he would have anticipaiei, from the friendly regard existing between himself and Mr. Valiee, that the common oourtery which was ailowed in all cases of arrest —_ have been exwnded to him. Mr. Vultee in- verbiage, w ment of the Bekatn, tbat Mr, Devlin ance, but was taken on foot to the jail, aequaintsince, that information ht tion to his family and bis friends, as weil taken to meet bie rotes and business exigencies taken suddenly om Saturday, at noon, made it « anexpect:d embarrasement of course. THE PAY OF THE POLICE. COMMON PLRAS—SPRCIAL TERM. Before Hon. Jadge Ingraham. John Pilepatrich va. atariah C. Flagg and others.—Tho motion to thow cacse why the injancdon against Comp- trol'er Flsgg and the Police Commissioners, to prevent the payment of $100,000 to the State Treasurer for the Metro- pelitan Police should not be contiqued, wae argued yee terday morning—Mesers. Cutler and Jennings appearing for the plainti, and Mesers. 1). D. Field and Wm ©. Noyes for the defendants, Defendants’ counsel put in and read the answer of Cemptrotier Flagg and a statement appended; sso the apewer of the Police Commiseioners and the ordinance of the Common Council, making appropriations for the year, MH. FLAGG'’s ANSWRA, John Fitepatrick wt. Fernando Wood @ al—Arariah ©. Fiage, Comptrotier, of the city of New York, answers to the edmpiaint— Ist, Toat this defendant has no knowledge or jnforma- tion sufficient to form a belief whether the p rintiff ts or is not & taxpayer oF corporator of the city of New York, or reeideat therein; bat whether ho is or not rech , taxpayer or resident, this defendant denies that this Court hae any right to entertain this action or any jurisdiction over the suoject thereof, or over this defendant therein 2d. That the Board of the Metropolitan Police district was organized of the 22d day of April, 1857, and that this detendant was on ihe 25tb day of the said ape torved ‘with notice from the #ak! Board of Police that they had so organized, and requiring him to pay inté the State troasu- ry, aa tof the police fund, the sums of money col- lected, and'to be collected, and not expended, for the pur- Pores of police of the city of New York. 3d. That the whole tax levy for the city of New York for the year 1857 te about $8,000,000, of whioh sum there bar been appropriated by ordinance of Common Uonnetl of patty Petes ame Ly Department for the Year, ,000; that the said levy has not yet been cohected from ‘the taxpayers; but ‘het ‘aguinet the sald Amount this defemdant hex borrowed in the usual Mf snd by the avthority of the Common Counci!, and in antt- ciation of suet collections, the sum of $5,000,000, which is Seam equally to all the made by the $362 amounting tn all to about $60,000, recently drawn for pay of the Manicipsl Poles, but (4 morading auch frarts woe Metropolitan olive fund is entitied out of the money borrowed a# aforesaid to at \aart the sam of $100,000, and pO that sum if now in the city treasury applicable to purpose. 4th, That the Board of Police for the Metropolitan Poll Distriot of the State of New York, did, in roser mnie the month of » 1857, apportion the * money re. qritite ard needful to be raised by the city and county of Now York and by the city of Brooklyn, for one year, for the purposes of the aot to ostaviish « Wetropolitan Police Diatyiot, and 10 provite for the govert ment thereor, pasned April 15, 1867; and did by snch ‘tonment fix and de- termine upen’ the um of $1,078,085, and Fequlstte wed needful to raed by the ohy and by Fb Qe] and did, an thie defendant is informed believes, forte With give posice of such apportionment to the Board of Ropervisors in the county of New York, and to the jo Board of Supervisors and a'dermen of the city of Breoc lym and gounty of Kings respec. tvely Sth. That the borrowing in anticipation of the collec- Hone from the taxes has deen alwave done n'nve this de- fondant bas heen Comptrolier of the city of New York, which he bet been for four years and upwaris; that it would be impossible to conduct the basiness of the tiaance Gepartment without recourre to sach loaus in aa‘icipation of the revenue, and that th money paid into the treasury from euch loans is and bas always been regarded as the subst tute and equivale ot for the proceeds of the taxee; aud that if the money a'ready borrowed for the police (und im ad- vance of the taxes eanno: be disbursed for thst purpose, Ws will lie idlo, while the city ts paying the interest on the FIELD & SLUYTSR, joan already obtained. Cixy and ewer is true of bis own knowledge, except as to matters therciv stated to be on bix information or belief, and that as to those matters he believes it to be true. A.C. FLAGG. Sworn before me July 20,1867. A. S. Cany, Commis- sioner of Deeds. In Addition to Mr. Flagg’s answer, ho makes tho fol- lowing STATEMENT. The tax levy of 1867 ‘x computed at eight millions, snticipation of this levy we have borrowed flye mil ious— €qnal to fi-e-eighths of the levy of 1857. The police fund is entitled to (ive eighths of the receipts into the treasury om account of the levy of 1857. The sum approoriated for the police fund of 1857 is $825 00; five cighths of thie is a litle over $600,000 At the’ close of April there had been expended of the smount of this fund thus brought int the treasury the sum. of $241 900 05. ‘The Comptroller was notified of the organization of the Met-rpolitan Police Commietioners on the 26th of April. The Comptroller paid to the whole ef the old police force, including the men who haa joined the new Commissioners, shout $69,000 from this fund, covering two pays, to the 234 of May. This was done with the assent of the nee Com missiomers. This left in the treasury on the drat of July an available police tund of $471,000 When, there fore, the Comptroller proposed to the Metropolitan Commissioners to draw a warraat for $100,000 to pay that sum into the treasury to enable them Ww pay the police force under their command, and at tho fame time proposed to draw warrants on the police fuad Jn ‘he city treasury to pay the new and old force who were disbasded by the Mayor oa the 31 of July, there was a Dalance ia the treasury belonging to eald fund of $166,000, made to the new Police Commirsionors. The oe ‘by the Com ‘troller was:—let. To pay the disbanded force @ Commissioners assented to the pro- Pporition in this form, thoogh they might have orevented tt if they bad objected'to the payment of the old force. The were accordingly drawn for $100,000 and for $25,000 for gle; ment of the first eight wards of the dis- banded force, ‘both warrants are simultaneously pre- sented to the Mayor tc countersign. New York Common Pleas.—John Fitzpatrick vs. Azariah ©. Flagg and Others — Azariah C. Flagg being duly sword, deposes and says thet the foregoing wwe correct. . © AGG. Sworn to before me, July 20, 1867. A. J. Capy, Com- missioner of Deeds. ANSWER OP THE POLICE QGOMMISSIONERS. The Police Commissioners, in their answer, say:— 1, That yhey have no knowledge or information suffi- cient to form a belief whether the plaintiff isor is nota Saye or corperator of the city of New York, or resi- dent therein; but whether he is or ia not such corporator, taxpas er or resident, these defendants deny that tbis court bas any rigbt to entertain this action, or any jurisdiction over the subject thereof, or over the defendants therein. 2. Thatthe Board of Police of the Metropolitan Police on the 2!th day of April, 1867, and ‘that potice of such organization was served on the defea dant, Flagg, on the 26th day of sald April, by these defen dante; aud m apd by eaid notice the said defendant, Flagg, was required to pay into the State a8 & part of the poiice fund, the sums of m collec ed and to be collect- ed for the purposes of the of the city of New York, apd remaining ‘here unexpended. 8, That the whole tax levy for the city of New York for the year 1867 is about eight millions of doilar+, of which sum there bas been appropriated by oroimances of the Common Council of said city for the use of the Police Do partment for the said year, $526,000; that the said levy has pot yet been wholly collected, out that against who raid amount, the defendant, Flacg, bas borrowed ia the usual way and by authority of the Common Counci!, and by 5 » Flagg, hes already expended of the raid Police Fand about $352,000, not incloding four drafts of about $60,000 in all, recently drawn for the Cy Xi the Municipal police, bat ‘that including auch drafts ten Fand is entitled out of the 6 aloresaid, to at least the sum of $100,000, and as these defendents are in- formed and believe, at least that sam is now in the City Treasury, applicable to that purpose 4. That the defendants, as such Board of Police Cam misrioners, did, in the latter part of the year 1857, sppor tion the sums of money requisite aod needfal to be raised by ai tie bas come of New York and by the city of Brooklyn tm the ) ear 1857, for the p»r poses of the act e- tablishing a Mé Police district, and to ide for the gorernment thereof, passed April 15, 1857, sa did by such appertionment fix and mine upon the sum of 21,078,035 as requirite and needful to be raised by the city and county of New York, and did forthwith give no tice of such apportionment to the Board of Sopervisors in the couaty of New York, and the j»int boards of - tors and Aldermen of the city of Brooklyn and coun y respectively, which apportion nent did not exceei the sum necesary to maintain police accommodations and the police force used and employed within the city apd county of New Yor k according to the action of the Board of Pat ore of said county 8 tbe borrowing in anticipation of the collections from the taxes baa been al vays done since the defendant Pigg bas been Compcoller of the city and county of New York, which has been for four years and upwards; that it would be tmponetbie to conduct the business of tue ‘Spance depar iment witbout recourse to such loses, in an Licipation of the reven.e; and that the money paid into the treasury from such loans is, and has always beo, re garded as the substitute and equivalent for the proces is of he tixes, and the debt thos crested made a charge upon the taxes and that if the money already borrowed for tho Police Fund, In advance of waxes, cannot be dish for that pw e, it will Ne while tho city i# paying tho interest on the loan already abtained FIELD & &LUYTER, Attorneys for defendants Drape . ‘Aly and County of New Fork, s: —Jamex Bo ven, one of above named cefendants, says that the fregoieg ap er is true of Dis own koowledge, except as to those mat ters which aro therein stated to 9¢ on the information ant belief of the eait defendants, and that as to thove matiers be bel ever it (0 be true JAMES BOWEN. Sworn, July 20. 1857, before me. M. N. Jovm, Com missioner of Deeds, Mr. Jennings opened his argument by reading the 27th section of the Mewcpolitan loliee act; aad the plainti(l’s complaint being taken as read, said that he appeares to re of office to violate the 35 or nothor ity of the law therefor, makes |; inca nbent upon ua to ark the refief applied for in this comptaint, and tnat the defendants be restrained In the meantime. Mr, Field addreared the Court on behalf of the defend ants, and submitted the following points — POINTS FOR THE DEFENDANTS. First This court has no jurisdiction, because a taxpayer Cannot sve here to restrain the performance of an act by reason of its alleged effect upon the corporate treasury. The Supreme Court in this district, it ie trae, hee once Lad the right of @ taxpayer to sue for ao injunction to prevent an sct which wae said to ‘norease the public burdens, or lessen the pub lie meane—(19 Barb., 667, Christopher against the Mayor of New York ) But this decision hae never been extended to any case where the ion was not « rty, ane has been repadiated by the Superior Court—(2 mer, 662 Davie agt Mayer)—weakened by the So Preme Court |velf, (Ari and overthror the mene care of the Attorney in Dx cember Inet. Second—This court bas no jarisdiction, because the corporation Is a necessary party, without whose presence complete determination of the controversy cannot be bad (Code, te9. 122); and if ths corporation were brought in, then the court would bave no jurisdiction, becau e It bar not jurisdiction of an action ©, 5 edeancoome sent for an injunction, (Code, rec 33,eub 3) Third—Tbie court has no jarisdicuon, because the po ver to enjoin officers, such a the Police Commissioners, existe oniy in the Supreme Court, to be exercised by the General Term of that Court, after notice to the opposite party. (Laws of 1861, obap, ot) Fourth—if the Cour: had jisdiction, the (njanction could not be g anted, becavee there ia no positir . on which to grant it The affidavit annexed to the co: taint if made merely on tpformation and bevef, which as niways beon deemed insefficient to sumain an tion. Finh—If there diffoulties were out of the way, the t- Junetion co»ld net be supported, beoause bere are no merita in the ication. The question is simply thie: The 27vh rection of the Police act deciares that ‘the eames of money collected by the reapeotive cities aforeanid, (New York and Brookly#) for the purperes of police terein during the years 1960 and 1867, and net expended in the res peciive treasuries of the sald cities,” shail be paid out of the State treasury as a part of the police fund, The sum collected for 1556 was exhausted before tne e of the act Npthing can, by law, be col- lected from the taxpayers for 1857 till the fist of September. But it has been the invariable practice, 1o borrow in anticipation of the taxes, so soon a8 th> tax levy has pasred the legisiaiure, The tax levy for 1867 {8 upwards of $8,000,000, of which more than $800,00 are for the police, In anticipa.ion, as usual, the whole machinery of the city government during the year has been carried on by tneans of loans—$6,000,- 000 baving been borrowed; of which a proportional part, over $600,(00, are applicable to purposes of ot this sum, only $62,000 have been expended The balance remains in the city treasury. Must it there remain usused while the city is paying {nterest for it, and the men be put off til] the collection from taxes in September and alter wards? The Comptrollar and “clice Commissioners submit that such ie uot the true construction of the acts, The act was passed ou the 16h of april. _ It requires the polisemen to be paid monthly (#0. 23). The tax law makes tbe collections of taxes to begin on the first of Sep tember (Laws of 1850, chap 120) It was plainly not the intention of the Legisiature that the mea ahi wait til! September or October for their monthly pay. It is, toera fore, to be presumed that the Legislature intended the pay- mepts to be made as urual out of the funds raised in auti- ctpation of the tax collections. Toe whole actis to be eovairep together, and all paris are to have elfeot, if poe- al 2. The course which he Comptro ler ia about 0 pursue {s the one which always been pursued in respect the city expenditures. The Legislature ia 0 be auppoe d to have known this e and to have acted \n reference to it. In conformity with it the old police has been paid; the Mayor has been paid; the other city officers beea psia; the Judges tave received their salaries, and it MORNING EDITION—TUESDAY, JULY 21, 1857. ‘would be hard and invidious indeed if the new policomen are not to have the benefit of the same construction, 3. Toe money is imthe city treasury. The city must e the right to pay it away for the satisfaction of its e 4. If the money im tho treasury be not monoy ‘‘col- lected’? for the purpores of police, it is money recelved in lieu of the money 0 to be collected, and received under aD ordinance by the Common Council, pursuant to which the tax levy act was passed, (Laws of 186i, cb 66,) anc which the Legislature had hefore it when \t paered the new charter, the thirty third section of which ‘authorized the loan. 6. Bat money borrowed is money collected, within the meaning of the 27th section of the charter. The language # not ‘collected from taxes,’’ butcollected for the, mgs of police. Tt is im the senge of the act collected w! it ts got in trom leaders, in anticipation of the taxes. Sixth—For each and all of the foregoing reasons thein- junction ought to be refused, and the men upon whoa our daily protection depends should be paid without furiber de! lay. Mr, Noyes foliowed, bric fly arguing that the poilce law uired policemen to be paid monshly. audi thet y jaa incurred which the city was dound to diecbarge, aad which it could do with amy movey la ite hands, to be replaced by future collegions, as was usual with all the city paymens. this were not #0, the city could be sued at tho close bf each month by every policeman, and interest and cote accumulated. That asthe city had the power to bor. row money, it could lawfully anticipate the collection of the police appropriations, and that, even if the injunction were a maiter of discretion, it ought not to be continued, as po injury eculd result by the payment, but great loss and injary would result, not only to the policemen, but to the city, by preventing ita being made. MR. CUTLER’S REPLY: Mr. P. Y. Cutler replied on behatt of the plaintifT— After reviewing the poirts on the otber side, he contende4, Firat, that the 27th section of the litan Police act provided for the payment of the police out of the Police Fund, to be collected by tax, as provided ia the 26th sec- on, an@ the 97tb section specidcally referred to that sum when collected, its terms o—** Such sever: ns of money provided for by the preceding section, when col lected, shall be paid into the treasury of the said reapec tive ciies. and shall be styled the Police Find.” There is no authority conferred by any act of the Legisiature to draw money for the peyment of the and the raising of money by such means ta by iphibited the 27th rection of the police act. Second. raise money by a fund, it wou'd be necews ry to insert a new section in tbe act, specifically autnoriz- creating the fund. fund, if collectea and paid , Could pever be paid out |, Decauze there is no enabling caure making @ distinct cation of the money ; and by analogy to the rule which provails in rela- tion to State appropriations, and which is contained in sen 8, art. 7 of the constitution of 1846, the Comptroller woald sot ceem himself authorized to draw any warrant for its payment. That rection provides that “no money shall ever be paid out of the treasury of this State or aay of its fun4e, or any funds under ite mapagemen', except in pur- wuance of by aw * © © * andevery such law Olstinctiy specify the sum 4; and the object 'o which it i¢ to be ‘oprinted; and it sball not be sufficient for such law to to any other law to fix sveh vm”? Nor can the Metropolitan Pulice bill bo deemed an appro- priation oil). in any sense of the term, for if a0, it would be upcopsttutional. Art. 1, sec. 9 requires the assent of two thirds of tbe members elected to eech branch of the Legivlatare to every bill spropristing public m “gt And loral or private purposes. Whether, fore, this be considered as @ State fund, applicable to the pay ment of State officers, or a State fond, for the payment ofloca! officers, it in eq: inefficient to place the money he hands of the Metropolitan police. The bill neither ee a distinct appropria iow, nor was it passed by two thirds of the Legisinture. Lastly, erourd of pndlic tho payment of money by pubite officers wid be required to be made strictly in accordance with the law. A violation of the ntatute leads to a looee management of fiscal affairs, which tence to encourage defa/cations; and for those defaleations at all times excuses, as appreciable as those urged on the pow occasion, may be presented by ingenious counsel. it # aid, continded Mr. Cutler, that the fued 's to pay a meritorious clase of persons. | aw as antious thet they should be paid as the counre! can possibly bs; bat their Payment thou'd pot be made an apology for violating the »pecific statutes of the State Deciaion reeerved until to day (Tuesday). THE TROUBLES OF THE METROPOLITAN COMMISSIONERS. Gov. King arrived here in express haste from Albany, having started on Saturday night, immediately after the resignation of Police Commissioner Draper bad been ro- ceived. Yerterday morning he held his levee at tho Astor House, and was visited by » busy throng of the biack republicans, al! Im the most anazjous state in regard to the Albany Police Commission here. Besides the arrival of Gov. King, Thurlow Weed anda number of others of the black republican and Know Nothing politiciane of the Albany regency arrived boro also, in bot baste, in regard to the eame matier—the resig pation of Commierioner Draper. Weed himself proceeded to White street, whero the four remaining Commissioners were in seetion. Cholwell had been voted to the chair and some trifling topics touched upon, among which war the reading apd ageent to the following resolations — Whereas, the Mavor of the ‘ity of New York has refived the ccompaner of the: fine of the late Chief of Police to ine Roard of Pollee Commoners, and whereas. the pab'ie in leresta re ire the establishment of the ¢lectric telegraph ‘orth or and rireet begging @ rie! several prevings of New York and vn That portion of there resolutions which bears upon the removal of the telegraph to Captain Carpenter's Fifth ward station house, presents @ fact charactertatic of the manner in which the Police Commission has doait with the city acthoritier, The Mayor of the city bas not been asked, in apy rhape, for the telegraph, nor was there from ihe frat any purpore to make such @ demand. Moesers. Carpenter and Draper called on the premises and demande! posses ston of the late Chief's office. Upon finding that (hese be # procured, 8 mandamus was threat until Mr. Draper's resignation. The policy wa then changed A was sent to the cellars of the City Hall, ard upoo demanding the telegraph oilioe, was refer red to the Mayor. The policeman did not see ft to make the demand of the Mayor, bot brought to the White street Board the answer of the Clerk of the Dog Pound again Upon thin the above resolution was passed. . Cp to yerterday afternoon {t wae underatom! that no ap ogg been made to a rettiement of the matter as to ir. Dw " Geerip wae bory with the names cf various candidates to fl) ihe vacancy, and al! the old competitors of bave been exhumed acd out on the course otee more Robert T Hawes, James Kelly aod others were taiked of as im the anti Draper interest, whilet Geveral Hall wae eaid to» have pledged for him more at leset than one vote im the Board There te eo 8 cond deal of talk in regard to the probabilities as to whethe ex @a) or Havemeyers ex Judge Whiting, or some other +imilar demoorat ot be nominated to the office. This matter is, however, arranged ao that it shal! be ascer tained rst that the party #0 nominated ae a democrat shall not be willing to serve. THE METROPOLITAN POLICE IN BROOK- LYN. Aba meeting of the Common Council! last evening the Mayor submitted the following communication in relation to designating the number of patrolmen for Brooklyn — To Te HomoRama me Common Corwen :-— GrvTLAMEN— Allow me to call your attention to the fact That 1 ec. 6 of the act entitied “An Act to establish a Metro politan Police Matrict,”? &c., passed April 15, 1857, makes Mt necessary thatithe Common Council shoull determine the nomber of police patroimen to be appPinted as 8 qnola of the police force to be paid by the city of lym. Tt terme to mo bighly dorirable that the Common Covncll shonsd take prompt action tm regard to the current year, ro that if It should be deemed advisable to continue Prevent number of men for the ba- lance of the year, the deficiency whin will arise may be included im the th for the year 1858. It is equally de tivable that the Doak shoal’ at once determine a; number of patrolmen for the year 1888. Reepectfaily, SAMUEL & POWELL, Mayor. Alderman Vax Brext offered a resohution to determine the nomber of pairolmen at 198 Alderman CaLinan moved to refer the whole subject to the Ponies Commitee, which was carried Wi dou; debate, BOARD OF ALDERMEN. ‘ ‘The Board of Aldermen met last evening at 5 o'clock, Alderman McSped-n, in the absonce of the Presiden!, in the obal. THE OFFICE OF THE LATE CHIEF OF POLICE. Alderman Wnson, of the somm tiee to whom was re ferred the reeolution to give tho apart nents lately occupied by Chief Matsell to the Deputy Superintendent of the Metropolitan police, togeth+r with the fixtures and appa- ratay used by him presented a report. With a few odrer- vations, the committee stato that withous gotmg farther ‘nto details upon the subject, they-submit for adoption the following resolutions :— Resolved, That tho telegraphic a>paratus and othor pab ic property now in the basement of the City Hail be given or the use of the Police Commissioners, to ba attached to ‘heir Dea’ quarters or such place as they may rent for a general oe. Resolved, Thas the apartments in the basement of the City Hall, formerty occupied by the Chiof of the Murici- pai police, be assigned tothe Superintendeat of Repairs {ea, ana such other bureaux as the Cow non Alderman TrckkR faid the committee made a report bat they wore not authorized in making. The resolution aprended to the repor! gave the roona lately occupied by the Chief of Police to the Commisstoaor of Rewairs and Supphes. Who was the Commissioner of Repaira and Sipplies? There was none. fe thought the Paice Com missioners should have tha! office, ana he would like wo fee some good rearcn—Iindependent of the report—why they shanid not Have it. The report did not relate to ihe subject which was r-ferred to the committes on which to report. He «as pretty well gatisfed that if that report were adopted, more injunctions would be the result The jate Chief's Office was the proper place for the Deputy Sunerintendent of Putice. The wished the gentleman from the Highth, (Tucker,) to confine himeeii' to the auhjoct. Alderman Tuckir repiied that he was endeavoring to show wity the report of the committee was 09; in relation to the subject referred to them. Bathe would move to refer the report back to the committee. The PRespENs pu the question. Alderman Srrays hoped the motion would not pass. The telegraphic appara us could be (itted up iu half @ day in any place the Commis*i ners of Police might designste, and there was ro use fighting about the Chief's office; be- sides it had already been appropriated to the Stree, Com- missioner’s department. Alderman Monniiian taoaght the report of the commit tee was a proper one, and be hoped it would not be thus referred. Alderman Wi1z08 sald the proper place for the Depity Superintendent was at the headquarters of the Commis- sioners, and not in the basement of the City Hall. Alderman Bivwr fayored the reference, which being The question on tbe adoption of the report was then adopted. by @ vote of 12 to 6. SLATES FOR INFORMATION AT TATE STATION HOUSES. A resolution by Alderman ADAMS was ted, direct ‘tng the Btreet Commissioner to have a name of the City Inspector and Health Warden ot each ward pleced in every station houre in the city, for the in formation of the publio, and for the purpose of receiving such complaints as may be made in case of neglect on the part of the contractors for cleaning the streets in perfor m- ing thelr work. THE UP TOWN POST OFFICR. A resolution wan preseated by Alderman Furtwer and adopted, requesting his Honor the Mayor to open a corres. pondence with President of the United States and the Postmaster General upon the subject of locating a Post Office in the upper part of this city. COMMUNICATION FROM 1118 HONOR THE MAYOR—STATRMENT OF MR CHARLRS DEVLIN, The following communication was received from his Honor the Mayor. acct mpanying which was the subjoined statement from Mr. Devlin, who is now in Eldridge street prison:— Mayon’s Orvice, New York, July 20, 1867. To tie Common Covsor— GuntLewen—I v anemit & communication from Mr. Charles Deviip, the Street Commissioner. It details tbe ciroum- mances attending his {croible ejection from the office of the Svreet Commi er whilst in the discharge of his official duties, bis imorisonment, and the taking away of the books, papers, &c athe wreperly of the Corporation. Among the many higd handed and oppresvive acts which have recently characterized the proceedings of those who represent and ry: with the State government ip its crueade upon the ta of the Corporation and the people cf New York, this is probably the most des erate and ua- justifiable. Without law or judicial authority emsaati from any court aa such, or the cogntenance of any brant of the city government, legislative or executive, this ruth less violense and tmdignity have been perpetrared. Not contest with depriving the Mayor and Cemmon nearly all the effective power required io meking laws and sdminisiering municipal government, these ings évince « determination to insvitand 4 je us One of the prin. cipal executive officers of the city government, appointed + tbe Mayor and Hoard of Alderman, \n pursusnce of ths clear pr visions of the 18th section of the charter of 1867, who was placed in porseesion of the office, !te books, maps, fog ke. the Aldermen in propria persma, who for o mooth discharged i duties without bin drance, a thrown |pto prison like ® sommon felon, devied the advice of counsel of consultation with bis friends, for no otber reasoa than having faithfully execated t Ly ge Bs oy him by the Gcrporation of New Yor! Has ing jed no law, vor committed any other oflence, it seems that, beside the desire w throw contempt upon your aathority, the authors of the movement adonved it as a strategy, by which to get bim out of the way, so aa to gain physical possession of an office to which the law and the courts would not give legal access. Of course the assimption of C er that he is Street Commisstoner does not entitle him to the oflce nor make bim Street Commissioner If @ man forces himself by the ‘nid of bullies into the seat of a member of the Commoa Coupet!, it does not impart to him apy official authority as a member. ‘This is Gonover’s position. The question of title to the office of Street Commissioner bas not been raised ‘No ac ton bas beep taken by Conover to determine the legal title to the office. Mr. Devin ts Street Commissioner, and the only oa whom j ow and myself can recognize as such, he be incarcerated in & dungeon or Keatet in his chair of office, every other executive department and of the Common Connell. FERNANDO WOOD, Mayor. Et ones Stramt Prison, Jaly 18, 1857. How, Farxaxpo Woop — Sm—Betog mort apxious that an impartial and consera tive account of all the circomstances attending my arrest to day, and the forcible removal of the property of tne cer’ from my custody, conse\uent on my imprisoo mert, lenbmit following narrative of this mom extra oreuaey prossedt -_ About the hoar of twelve o'clock to da} ‘Turner, and myself, were busily eng: ‘man oamed | arrington ap) warrant, demanded possession of the documents of the Street Commissior er's ofce. | replt Ubat | desired to see my counsel, and immotiately directed ene of my clerks to ihe office of Mr. Brady. replied pal. wthe warrant. Whereupon Mr. Carroll arrivor and a0 Inj oply bim to take, but also it the Deputy, Mr. in my office. A my went down stairs, and ehen on the sidewalk saw Peckbam, with two or three others, carrying tne books, ko , towards the Court Houre Not being aJowed avy de 4 whatever | was broxght to Eldridge street jail, where now am. I have been informed by eye witneeres that in some twenty minutes after my ¢ re Mantel 1. Conover came lato my office, foand my ceputy, Mr. Turner, io my seat. (He was directei by me to remain (here to protect the property uf the corporation. 1 gave the same instruc tions to Councilmen Bolte! of the Second ward ) Hecame to my dirk and aid, | have been declared Stree! Commis sioner, aad have co ne to take poseession of the office "Mr Turner replied that he could not recogaise him, aad would not permit him to take possession of the office Cosever then lajo bir bands on bim, and was told by Turner not to doto. While thie short conversation was being hei! the (fice became deneedy crowded with a large number of the well known bollies of this city, who instantly preared around the desk where Mr. Turner still remat Ame named Irving, and another named Matthews, came to the am istance of ‘Conover, and sbouta of “Out wita hi & most outrageous manner from the cbair, aod th! vio eatly out of the office. Conover then took his reat jared himself street Commissioner, Captain Beo bad previously announced bimesif s aheriil's ie woald arrest any person Atbority waa demanded; he Produced it, and then arrested Conover, at the seme time calling op the citizens to assist him. Aa the office was then crowced with the friends of Conover only, 20 aveietance was or could Lad ape The captain then went away, leay. ‘og Conover in the ¢ Moe. bie being a plain, truthful statement of the manner h ibe property of the corporation entrusted to me een forcibly carried away, the possersion of my effice violently obtained by « @ armed dewperadoes, led by Davie! D Conover, and Ona + ar officer have been arrested white engeged \n the arge of the lawful datier of the Street Department, over which I have the honor to preside, and to fay Fe 4 sir, as Mayor, and tne violating the pence. fh ation, in the exercise of @uthority, ap pointed and confirmed me. Believing that duty requires me to actount for the soiz- ure and viclent removal of the property of the corpora tion of whish [am the custodian, Ieatmit these facts to ‘deration that you may insti ote ngs the public interests may demand. sir, }ours most respectfully, CHARLES DEVI N, Street Oommissioner Both documents were read when Alderman freaks moved twat the whole sabject be re: ferred to the Co. nel to the Corporation Alderman Owews moved that it be referred to a special ccmmittes, Alderman Tecker hoped that it would not be referred to ‘scommitiee, but that it be referred to the Uowngel to the Corporation, He did not wish to keep Mr. Deviia an longer in the Fliridge street He would nt aimit, however, that Mr. Devlin was put there by bnikes, as the Communiontion saved. He would sustain the motion to THE NEW YORK HERALD. refer to the Counsel to the Corporation, in order that Mr, Devlin might be liberated an noon aa pe a ” ‘The motion to so refer was then carrie a rut SSTTER ee d oF FiREMRE, resolution preeented by alderman Anas pied, directing tbe Clerk of the Board to peitt in ped eg form for the use of the firemen of the city, “An act for the bet- ter regulation of the firemen ia the city of New York,’ jared March 20, 1856; a'so ‘An act to ament an act en- titled an act for tho detier reguiation of the flremea in the city of New York,’’ passed March 10, 1856, KECAIPTS OF TUR CORPORATION ATTORNEY. A communication was received {rom George A. Purser, Attorney 1o the Corporation, stating that the amount of moneys recetyed in his Darean for the month of June for penaliies on suits was $4(3 67, The communication was reecived and ordered on file. HOUSE FOR RNGINE COMPANY NO. 14, Aresolu'ion was adopted directing the Comptroller to bire the premises in Thirty niuth street, between Broad- way and Sixth avenue, for the vse of Engine Company No, 14, for the epace of two years, at a yearly rent of $400, HILLS FOR MRDICAL SERVICRS AT STATIC os A bill of Dr, McDonnell, amouptiug to $324, for services rendered at various police station houses from August, td to June, 1857, was referred to the Committees on Police. A report of the game committee, In favor of paying the Vill of John 8. Carter, M. D , of $39, for medical services at the Ninth ward station house, was adapted, RRGULATION OF MUTT ATREKE. The report of the Committee on Assesaments, in favor of concurring with the Board of Councilmen to condirm the asrorxment list for regulating Mots street, betweea Catal and Herter &.rcets, was asopted GAB LAMPPOBTS A communication was received from the Comptroller, im answer to a resolution directing him to “report to tha Hoard the reason he refuses to pay the contractor for ! ur- niahiog fron lampporte for the city? The Comptroller states that he bas paid to Jobn Roach, for farnieh’ thirty-eight lampposts, June 13, 1857, the sum of $340 7 apd that no otber bill has been preseated for payment ‘The commanication was referred to the Committee on Lamps and Gas. 1,000 TO BRCKIVE THK MAYORS AND COMMON COUNCILS OP SY, LOUIY AND CINCIYNATI. Aresolation by Alderman Dnaxe appropriating $1,000 for the reception of the Mayors und Common Councils of St. Louis and Cincinnati, econ to visit the city, was laid over under the rule COMMUNICATION FROM MR CONOVER, A communication wes received from Mr. Conover, Street Commissioner, confirming an apportionment of aa- a¢ssment for the Central Park. Alderman McConseLt moved that the communication be laid op the iabie EAlderman Sreers moved, as an amendment, that it be erclosed in an envelope and returned to him, as he was pot the Street Commissioner, the Mayor and Commom Council having rexognized the appoinunent of Mr. Devlin. Aldermen TuckeR moved that it De read, and that it be not sent dack. The communication waa not read, however, and was finally laid oa the table. TAR RASTRRS DIsPRYSARY. A memorial was received from the ttusrees of the Fastern Dispeneary, asking the donation of @ building atte at Exeex market, On which to erect a suitable building for the dispensary. It was refyrred to the Coumittee om Fisance. TUR GANSEVOORT PROPERTY. The epecial fegrmmmikee to which was referred the reeo~ lution relative iqghe purchase of the Gansevoort property, presented @ rep (n favor of appointing a «pecial commit- tee of five to confer with the owners of the property be~ tween Gansevoort and Tweifth sirects, Kast river and the North river, known as the Gavsevoort property, for the purpore of ascer‘ainiog and revorting on what terms aod. Condition thesame caa be purchased by the Corporauon. The report was ordered to be printed, and made ihe special order forthe secoad M- nday in August. RXTENGION OF ALNANY STREET. A memorial was received from Mr. N. W. West relative, to the estension of Albany stree:. It was ordered to bo printed and referred toa special committee. THR NEW CY BALL The following commuoication was received from who Comanirtioners on a new City Hall — The undersigned Commissioners for the erectios of a new City Hall would respectfully call the attention of the Mayor, Aldermen and waity of the city of New York to @ cemmuni whieh Wey bad tho honor to make to the Board, of Aldermen and Councilmen respectively, on of about the 14th of May wet, and upon which no action has as yet been taken to their know led, They beg leave to repeat their desire, exprersed tn that communication, to enter apon the active performance of their dutier, with the neceseary co-opera- to re. von of the municipal government of the city; also new their requeet that a committee, with Confer on this subject, may be a ag by Council. MET, R, M. BLATCHFORD, EB P. MORGAN, IN, New York, July 14, 1867. A. COON The communication was laid on the table, and the Board adjourned till the first Monday in August. VOMMON COUNCIL, AND POLIOR JUS ot state ment of all the fires and (ire }, with the ort- in of each as far ef ascertained, which have occurred in ibis city dusing the six months ending on the Slat day of May last:—Among the various causes of fire enumeraied fanny some to which | particularly desire to draw your jention, It ts commonly au; Vhat during the summer mon ha there is @ cons! ‘ble diminution {a the number of Ores. Such i not the case, The only muerial Ciference is dente mm the causes wheoce such axi- arise. In winter, Bres are io be traced ine of charcoal furnaces, and the leaving of win- Wy jets burning’ pear window cortaina, prol accidents, So sure at a warm night oo- curs, 80 sure mey fire alarms be couated upun; so tnat tho Gifference ip the actual number of Ores and alarms be- tween the two seasons is rcarcely noticeable. Ip the character of the Gres themselves there is, howe- ver, @ marked distinction. Owing to the dry and com- Dustible state of the wood work of houres, during the hot soaron, and the rapidity with whioh firo sprea:s when it is in that condition, many accitents of this cavure, which This is my position, and, as far aa | Enow, teat of | 18 Winter might be carily coporeened, are at umes atteud- od with the mort dirastrous reaulus, Among the causes of fire, though apparently harmiees in iteelf, and therefore not suspected by persous empioy- ing it, is tho use of sawdust for packing, of covering floors. Thus, sawdust and ol! when thrown together ine body will infallibly produce combusion. It is Bat re~ cenily that an oil warebouse was near being dest from the accidental combination of these substances: Se fawdust to collect and dry up the oi spilt on and they bal deporited the s «opt thon saturated common barrel, then they left i¢ standing for several days, On thy ¥ prior w the fire breaking out, they perceived an unuscal smell, like that of something smooldering§ Tne premise wero carrfaily examined, bot no one thought of ex- picing the contents of the barrel. How conlt pereone igooraat of the chemical action of certain eub- mances when brought comtact, suppore for a momest that the refuse of which it bad been mace the deposory could Dave originated dre? To their setooishment, how- ever, next the barre: was fvand oeariy consumed, ‘a0¢ the building ttelf in Came aod bot for the ‘ness and energy of the Oremen the warehoure, which con- tained & large stock of oils and tallow, would have deem borned to ibe ground. be deposited sithin be premises Common rand Ws the only pabelacce *bich cap be safely used for rach purposes those emahiicomen, and, on my sug- gerbe, tome of the jeacing droggirt. and warehousemen have adopted It. It ie, of courte, imporsible to gvard at all times against the carelessness and ignorance of work. men, but the publicauon of the facts 1 bave jamt sated will tend, | have no ¢ouot, to dimict#h the sumoer of ao- cidenie arising from the latter of there causes. Speaking of the care es ners of workmen, tere le anc- ther frattful rource of acciienw which it ould be well take notice of In candice manufscvorion aad in work hope, in which, fer —— sake, gas ie not aed, it * & common ‘babit with the persons erbploy Wick candles parts of the building ed to mail where they may happen t» waut light, and leave them to bure down and dre the premises. An extensive caadle factory in the Firstarenue was recovily desteoyed from this cause, involying « lowe of nearly half a million of dollars, HOT ATR FURNACHS rs resulting from the vxe of hot air fornacee, buildings, Dave jatterly elicited @ good doab of dicursion. Notwithstanting the interest that many perroos have in cootinuing that system of beating, tho nam er of free which are contioually occurring from ite employ ment wil! soon bi ing conviction home to the public mind. Since | bave entered upon the duties of my pre- Fent cMfice, I have lost no opporturity of pointing ont the neceselty of an extene!-e modification in, /f not the totad diguse of thie eystem — Hot air faruaces may be made safe enough, butthey rarely or ever are From inexpertence, +r carelemness in the' constroction, they are rendered the mort dangerous feature of a nadly built dwelling or warehoure. Unises, therefore, messures can be adopted ‘0 enforce a better mode of construction, this plan of hest- ing sbould be done a vay with altogether To emter more eyecitieally into the objsotiame which I en- teriain to the use of the bet air furnace, 1 have to stato that the (lues for carrying of the smote aod heat are reldom made of sucient size Flues calculated for on oalnary are too often a vpited, and the com- requences, is the Intenee heat generated by there fut forced (nto cootact with the of combustion, and a conflagration of the Dnillipg inevitably takes piace Another thing *Dich teade to this rerult is tbe use of wood work cioge to the hues and regulators. I nld room as if ine Builder felt cound to coevery thing nulty can suggest to su’ the oppor wnitins (gr 8; reading 4 bof reaviting from thie cate are pot, how. attrisutable to the “anit of the builter, Tae mites are themecires almont as frequently to diame. Tare for iretance the _ of $e = without reference to the Det air furnace aol having oply armal\ foe The cecnpant thinks the place incomplete without ibe bot air furnace, aod mort have it at all riske. The furnace bulhter accordiogly ereete one or more, according (0 (he #ize of the bailing, and Bae no other alternative than to insert the farmace emoke pipe into ibe flue already foand im tbe premises The trimming of the floera ie extended cireotly agalast the floes Lo only about four ineher of mason work to protect he le The wnvenee beat gemersted within #0 + mal) a compass so0g nearest ele me: