The New York Herald Newspaper, December 13, 1865, Page 10

qu called for to go before the Grand Jury ; do not remember the weight or length of the ciild, Cross-examined—Last October I was im town with ® He-irect—I remember Mr. Gerry calling on mo in Oc- tober last. ‘Counsel again asked permission to introduce another witness. TESTIMONY OF THR UNDERTAKER: me 5 the note is ia w Mr. to offer it in ped oo 804 es atin ta tho spring of mt A went 10 the house indicated Cross-examined—I have often seen Mr. Sirong, but our e reference to this matter; never spoke to him THE DEPOSITION OF MRS. HECKSHER CONTINUED. Mr. Gram resumed the zation of the cross- tion of Mra. Hecksher, The ring were the intereat- ing epee elicited :— sinoe ¢hrough her counsel; since she left the city; have not hessd where she has been; heard some time since had passed through Brunswick, in the State of Maine; that is all I have heard of her since she left the ; do not know where Alice is; I hear about her when {hear from her mother; 1 communicate through her counsel, because she does not wish her whereabouts to be 001 MRS, NECKSHER'S FAMILY PRIDE. ‘ of informed by my physician that it was risking my Vike wh the time to go to give my testimony before the Grand Jury, bat when the honor of our family was con- cerned I chose to take.the risks in my own hands, and I came to testify on that trial; previous to January, 1862, as far ag I know, Mr, Strong and his children were much attached to each other; I think I said that he would have to suffer if he took proveedings against his wife; I always have such a feeling; Idid not want to sec him sent to State prison; I wanted to see him prosecuted; I hoped he would be convicted if prosecuted; did not know the pe if he were convicted. Mr. Gerry proceeded to read the portions of the cross- examination omitted by Mr. Cram:— My relations with Mr. Strong were perfectly friendly until afer. the conversation at Whitlock Point; I would aot shake hands with a gentleman who had acknowl- ‘such an accusation to me. ‘At this stage of the reading a discussion ensued as to the privilege of counsel for the plaintiff to omit evi- dence in the deposition called forth by his own questions. The discussion was not concluded at the adjournment of the court. AFFAIRS IN PITTSBURG. Muar Pittsburg Correspondence. Prrrsnora, Dec. 6, 1865, Increase of Crtme—Interesting Blockade Running Case— Three Condemned Murderers—The Modern Borgia, &c. We have no cases of Strong scandal beforé gur courts just now, but such little affairs as murders, and assaults and similar unexciting experiences are not entirely un- known here. During the October term of the Court of Quarter Sessions, which terminated recently, no less than seven cases of murder were disposed of; and on the docket of the December term, just commencing, four more are announced. Drunkenness, riot, stealing, vagrancy and assaults are daily and nightly matters here. To day a case of more than ordinary interest was con- cluded in the District Court. It was a case of blockade running, involving $27,336. The case may be brieily summed up as follows:—In the fall of 1860, before the breaking out of the rebellion, Captain Charles Gearing, of this city, had two steamboats built here for service in Texas. From the builders of these boats and their en- gives Captain Gearing obtained credit to the extent of about $29,000, agreeing to pay in full when his boats should have earned a sufficient amount. The boats were taken to Texas and were run there, with profit to the owner, unti! the summer of 1862, qsben they were cou- scated by the rebel authorities. During the time in which he had possession of bigboats Captain Gearing ‘had accumulated some $25,000. Of this he invested $15,000 in cotton and $10,000 in a schooner, with tho in- tention of shipping the cotton and applying the proceeds to the payment of his debté here. On the 15th day of September, 1862, the schooner, with the cotton on board, ran out of the Brazos river, past the blockade, and headed for Havana. When two days out she was captured by the United States bark Wm. G. Anderson, and ultimately the cargo was taken to New York, where it and the echooner were libelled as a prize to the United States government. At this point Mr, Jas. Millingor, a brother- in-law of Captain Gearing, and one of his creditors, ap- peared in New York, and represented that Captain Gear- ing was a thoroughly loyal man, and that this cotton was for the benefit of his loyal creditors. On the strength of ‘of these representations the government released one-half the cotton, amounting to seventy-three thousand five huadred and thirty-three pounds, to Mr. Millinger, as Saptain Gearing’s trustee. This cotton Mr. Millinger dis- posed of at about ninety cents per pound, with the un- derstanding that the procceds were to go to p: ri >reditors, aad the balance to be given to his f: Jearing returned, however, in the fall of 18 hat his creditors nor bis family had received any f the money, Thereupon he had Millinger arrested in few York, and held to bail. Mr. Andrew Hartupel, nother of ’Gearing’s creditors, attached $5,000 of this und im Millinger’s hands, that being the anount of his laim against Gearing. It was to recover this sum tiached that the suit mentioned was instituted ‘The trial of this interesting case commenced on Mon. ay, November 27, and has occupied the court until to- ay. The jury retired yesterday, and this morning re- immed with tho following verdict:— “We find for the plaintiff. We also find that James Winger has in his bands, as garnishee, $27,356 liable to tachment.’’ ‘ The conclusion of this case has been awaited with great wrest, a it # a test case and will decide the claims of other creditors, esterday morning an affair of a peculiarly painful are took piace in the county prison bere—the reading heir death warrants to three condemned imarderers. ve condemned persons, Benjamin B. Marschall and ust Frecke, vhe “Boyd's Hill murderers,” and Martha der, the “modern Borgia,” were all convicted and enced at the October term of court. foubt whether any cases ever tried before a civil nal fn this country have surpassed these in interest, circumstances in each wore of such @ valiarly ious character that they commanded universal at- a the morning of the 24th of August, 1865, the body anknown German was found Grondrally mangieg oyd's Hill, in this city. Evidently the man most foully murdered, but no clue to the murderer be obtained. On the 20th of Soptember, Benjamin ardt Marschall was arrested for bu ; on th Marschall sent for Mayor Lowry, and made a nfeasion to him, declaring that he and gay ep mand. ‘fhe two had beon to Now York with atelen ‘Coming back, they stopped at Philadelphia, saw the stranger, and saw that he had induced him to come with them to Pitts- is 0 die \s believed to be only one amber of ber victuns is oatimated at five , November 25, the three convicted prison- there each was sen 1s to be murde for Marachall's spite. Ta THAR MIMS Sle bot sentence was id sobs and moans, and, interrupted by ping, declared her innocence repeatediy, 9 warrants were received yesterday <boriff Jed to the ceils of the condemned to read loom. The scene was a most trying one, d the seading with 4 calmness, but eri badetbim good-bye, Frecke was tor. sobbing and moaning, and asserting bis smently. Mrs. Grindor was 30 overcome be supported. and. when the reading was sot int viglent hysterics and famted. xed the execution of Marschall and PY 4, 1906, and for that of Mrs, Grinder . of every THE WORK OF THE COMMISSIONERS. | scence diet tors» bot etd 4 itmay be made plume of & ‘ vide for all {uture casos. Yo the pub- Code that it gannoe —— the HsgaLp Advantage of a General fue an cin x hich the great humorist whe ing ays to the State. a peygh ty Nights, By ie forged liter inte Ree samy nowa and tained, ma poh SE Ee ae from Be crete Proeseding fross Soe cones roe e fiyences before S deprive The Legislatare to Make the Law, the | by the Code, i's 10 be «naan maces be rok: nee te q Administer It, pide. If, tn any wach one, ‘Bae Gresier sevebene, Mins and Cooeeloce taee ae — iran ive pores tate seas @ truhout reference to. any sort of ‘Donnybrook in the each man hitting ot Ear ie eget ota a rg, ete PRINCIPAL FEATORES OF THE NEW CODE, | for fulire cen” olee was ater nO cookers oeses In it~ands PRO’ b Rag aig ier heavy as represented, @ more he ae ae ‘to his gizantic fortune ip the mills-and ih reek d sane curt atmo ies ‘The Civil Code reported at tho last session of tho Legis. by 8 voto of thirteen x eleven, and is was againnt lature of New York has just boon printed, The intro- ing,”? moro oe os eae PT Eee a duction is as follows:— The Civil Code mentioned in the preceding report is contained in this volume. Its history 1s as follows:—Tho constitution of the State of New York, as revised and adopted in has two provisions looking to a codifica- tion of the laws. One isin the seventeenth section of the first article, in thesa words:— PREPARATIONS OF THE CODE. ©The Legislature, et its first session after the adoption of this constitution, shall appoint three whose duty it shall-be torreduce into = written and , code the. whole. body of the -law: of this State, or #0 | much and such parts thereof as to the said commis- H We continue below our tables of the business statistios of Now York; by giving edditional receipts of manufac- turers tn the Thirty-second collection district :— sionors shall seem practicable and expedient; and the o ¥ said commissioners shall specify such alterations and TOO GREAT ADHERENCE TO. PREC! “4 The Buzzards Swooping on ‘Their Receipts. amendments therein as they shall deem proper, and they: Nothi ‘uous in the hi of jurispru- . | | 888e shall at all times make of their proceedings: to ing ig more consplcuo logue td feo Living Prey. 260 the Legislature when called upon 80 do 80; and the Le- | , SH: 2,083. All statutes, laws and rules heretofore in Oe es A | 1am tis state tall pase law teguiating the tenure of office, | force in this State, inconsistent with tho provisions of | ¢% and England, Sule Chee taough the reason (oF a ‘? the filling of vacancies theroin and the compensation of | this code, are hereby repealed or fed; but such re- | ave procatente, Oe raters weceee yak ‘) at sald commissioners, and'shall also provide for the pub. | Peal or ation does not revive any former law here- ‘hag ceased, an pal 1% Huo of tan San pri 0 Dmg trventa to | ffl eps not dow ae Sa ah rad or | "ee fi exampe he paca, the cows ait x, | A CARD FROM PRIVATE MILES (’REILLY. ue wu ure for 2" Proc ithe other isthe twenty-fourth section of the sixth ar- | %4, this code provided. imtad batore the Code of Civil Procedure. If any part ty &o. de. bo. 3,330 ticle:—Tho Legislature, at Its frst session after tho erent, snare t be an existing rule of law omitted the comma gny Should pate. tor entirely tp tbe jedges W.& Rob Laat adoption of this constitution, ot Prove duty itvebati | continue to exist an tho same form in which it now exists, | Ad yet both here and tn weet ates ot Sees To the Editor of the Hertid. Thos. Moliroy &Co "640 intment of three commissioners luge the rules and | While If any new rule, now for the frat time introduced, | theif, regret at, the stats o° thugs, Bley Wee ooeen Ceram Ormce, New Youn, Dé, 11, 1965, | Bartheson&Conert ' 49 Merwin Davis Ms Practice, pleadings, forms and. proceedings of the courts | Should not answer tho good ends for which itis intended, | 7) Coenen Thani erin ot ie ee eeciven ie lage: “4 ? . Johneon,...... 3,189 ©. F. Bloom 989 Practice, pleadings, forms and Dreeort thereon to the | Which can be kaown only from experience, it can be | Tooled to be removed by Any, power Oe e Logisia- | Finding myself injured in tho esteon of many | G ¥. Bunce & Go. 2,005 J. Ketcham. . 620 Legislature, subject to their adoption aad modification | #mended oF abrogated by the samo lawglving depart: Wefteed topo beyond the strict. letior Of Cie Santee | Worthy friends by a suspicion that, ja the eve | Wm. Manes....... 1,017 Appeuzalier& Beiter 143% from time to time.” ret Te hae aot pace foreasemy then may be‘deeided, | NO fact of early English history is more certain | of the late charter election, “Private Mibs O'Reilly” J, A. Geay & Grown 83,083, Q. 7 & & Turney = COMMISSIONERS APPOINTED. if decided at all, precisely as they would now be decided, | than that the existence of equity, a5 a sepa | and bis associates deserted the causo yf Mr. Jobn <i eee uae a iia we pte gh es by ane Dogma En pe thas is to say, ty analogy to some rule the Code, oF: 1 | oo ce ee Hester Pacday ke wonts, to the | Hecker, the candidate they professed to support, and ‘ — anpaten aa hal en Waiver van Word and | fg ar the aan be Code, aad thorefore Xe iron atest of te common aw, "Equty ietif soon | went over to the noble army of martyrs whe ren : = Jone ofice for two years; and tha: under tbe eizth article, THR VALUR OF CONCISENESS. frp nally weeny sree rememnnmgeeapey ay torr Al sc Sear Mae hg gh ot Be, Marshal ° = by the appomtment of Arphaxed Loomis, Nicholas Hill, Another objection to tho expediency of a Code, is its | disregard an established precedent at law or in ‘equity, ©. Roberts; and finding further, that this belief arises ns = Je, and David Graham a3 “Commissioners on Practice | S¥pPosed uncertainty. The argument is this: In the | upon the idea that the circumstances of the community from the jocose paragraphs headed, ‘Our Private Miles 4 and Pleadings,” to hold office till the first of Fobruary, | Sivempt to be systematic and concise you russ Of Hrs | had so chunged as to. make tne Prled, it oppressive. | Q'Reilly—his ticket,” so, liberally scatterel over your i rv] poo a ag afterwards made in boil | oy. itie quite true. that, asa word bas ofven various Deets ae ae ae ee oar Gey eae — fa editorial page on the Monday previous to jhe election; 245 J. Scholer...... it In the Practice Commission, Mr. Hill having re- | meanings, and a change in the structure of a sen- | divided court or an inferior one, or with reference to | as also from a forged document, signed “Private Miles Stockholder Aso * signed, David Dudley Field was, on the 29th of Septem. | tence may suggest different ideas, | it is dif- | particular circumstances or without sufficient con- | Q»Riolly,” m favor of Mr, Roborts, which appeared in the 1% cult to frame a gection that may not be tortured into a meaning unlike that which its framers at- tached to it, But it is a great mistake to consider this true only of the concise propositions of a code. Diffuse- ness is not a help to clearness, The longest judicial opinions are generally the least precise and the least comprehended. As a long document is usually more obscure than a short ono; as astatute of ‘many sections is commonly less understood than one of a few; as many words tend to confusion rather than enlighten- ment; 60 @ single proposition, carefully expressed and made as concise as possible, is more likely to be precise and susceptible of one meaning only, than if the same idea were put into a different form and a greater number of words. If it be urged that reported decisions bavo this advan- tage in point of certainty, that, being made in each case wh reference to a given state of facts, those facts are illustrations of the rule announced, aud tend to explain Js, the answer is, that the facts of a case reported serve for Hmitation, as well as illustration, and just in that proportion the rule announced is and pot pooner and if acted spon as gencral tends to mislead; te after all, we af brought back tothe same point, which is, that the rulé of the decision, whatever it may be, par- tial or general, san be moro precisely and accurately stated in a few short bay u in the opinion, more or less diffuse, in which it is stated or from which it may be evolved. REPORTED CASES USED FOR ILLUSTRATION. So far as reported cases serve for illustration the pre- sent Code makes use of them; for the references to adjudged cases, which im most instances follow the sections, ' are intended as much to answer the purpose of illustration as to justify the text, It is a favorite idea with many that, for pro- moting certainty, the propositions of a code should be accompanied by illuatrativeexamples. Whatever advan- tage there may be in this method, these references, it is supposed, will afford the best kind of illustration. INPLEXIBILITY OF A CO) A still further objection to the exnediensy of « code ta its suppooed inflexibility. xpressed in formal proposi- tions and couched in itive terms, it is not as Hlexible, say the objectors, as the common law. This is the objec- chamiaones * Times of the same date, will you allow mo the privi- IMPROVEMENTS IN THE LAWS THE WORK OF THE | jogo of stating in your columns that I never saw, heard In almost every instance where an improvement bas | of or dreamed of cither or any of those publications been made in the laws it has come from the Legislature. | until I saw them in the pages of your respective papers, Had society been left to tho discipline of the | and tat I would then have contradicted them imthe- common law, whether it be called flexible - or inflexible, the most cruel and bloody of crimi- diately, but that they appeared to me to be too mani- nal systems would still have shamed us; feu- | festly forged jocosities or cloctioneering tricks to de- dal tenures with all their burdensome incidents | ceive even tho most unwary ? would haye remained; land would have been inalienablo without livery of seizin, and wives would have had only Pray let me further add that though Mr. Hecker was oe rights which » barbarous axe conceded them. ot the | DY Bo means the candidate of my original choice, and ven in the matter of contracts, portion e r} 4 common law where the attribute of flexibility would have | that T believe eae faorenen - ae been, if ever, desirable, what do wo still see? While it ward General Dix in his place the success of the! cannot be denied that in nine stances out of ten tenants | ticket had been certain; that nevertheless, both “Pri- hire houses in the belief that landlords must repair them | yare QyReilly”’ and all his friends (through whom alone if nec ; that tenants who agree to repair have 3 ho serplown. thet it the ‘house’ is. burnt rney he ia of any consequence) supported Mr. John Hocker bound to rebuild; that when a creditor accepts | to the close of the polls on Tuesday night with every part payment in full satisfaction, the bargain is ‘and resource at their command—faithfully, suppor be binding; that an inst} + under el i 5h Md ‘hae the originale 2 tai, sign ya agent his own naine, bul ex; iy ly, at. Pree original nowj> bp arte he got ae) Foner oenrs Marner nation of Mr. 6" , thelr tot jal chtididate, yy both parties y he principal ; , in honor yet upon each of these points the common law holds by the Citizens’ Association, had pledged thom in hou otherwise, and has obstinately refused for hundreds of | to that course. rae ——— Neve iene! ev intentions HOW HRCKER hen bape? mianhet ¢ parties whose righ! stermines. Mr. Hecker was not a poplar candidate, tho Either the common law had within itself the flexible, . ‘ Patcied elastic and accommodating elements which would havo most excellent gentleman; but his defeat was duc to enabled the courts to sl re in — eo to oo fact that a large majority of the repwtbticans in the Citi- expanding exigencies of society, or teen greatly | zens’ Association, embracing vory maay of those who misunderstood or misrepresented by the opponents of ® | 144 directly placed him in nomination, weut over either Tr AGENERAL CODE LUCID AND LIBERAL. Oponly or secretly to the standard of Mr. Roberts; that Pansy of the iSeomete tepals go pe | they failed to pay he sais they aa Lapiarninaia is roRTess 3 2 and, in thow yandculersia which che commgy jar deen woegBeit | the urattenat many of them acted = more treurherot {hem in ite jurieprudence, it does'so not so much by way | scoundrelly and dishonorable part than I have ever wit- of incorporating, these, uinges inte cP uie Tar iscit ag | Nosed oven in the very lowost circles of Mocart oF Tam by way offinterpreti acts and intentions of part! many ward politics. ber, 1847, appointed in his place. The Commission thus reorganized was by an act passed on the 3ist of January, 1849, continued till April, and in April was further con- tinued till the 31st December of that year. On that day it completed tts labors, submitting to tho Legisla- ture a8 complete two codes, one of criminal and tho other of civil procedure, including the law of evidence. These commissioners bad previously made four par bee. DENTAL INSTRUMENTS. Rate of taxation, five per Dien Name. John D. Chevalier... DRUGGISTS’ GLASSWARE. Rate of taxation, five per cent. Name. Amount of Re. eipis. Hagerty, Allen & McDonald. + $2,450 DRESS TRIMMINGS. Rate of taxation, five per cent. - Per {mount of Receipts, tial reports, the first on the 29th of Febroary, 1848, containing the Code. of Civil Procedure as sul quently enacted, and embracing the substance of the reforms proposed in the practice of the courts in civil cages; the second on the 29th of January, 849, containing additions and amendments to the @nacted; the third, on the 30th of January, 1849, con- taining still further provisions; and the fourth, on the same day, containing the draft of a Code of gripipal Procedyre. When the completed Codes of Civil and Cri- minal Frocedure were submitted the Commissioners reported, at the same time, a special act enumerating and repealing t29 Yarious statutes covered by those ro- ports. ™ In the Code Commission, Mr. Walworth having de- clined the appointment, Anthony L. Robertson was, on the 13th of May, 1847, named in his stead. In January, 1848, Mr. Collior resigned, and Seth C, Hawley succeeded him. In April, 1849, a new act was passed, appointing Mr. Worden and Mr, Hawley, with John C. Spencer, Commis- sioners of the Code, till the 8th of April, 1851. Mr. Spencer declined to serve on this Comt ion, the Commission itself was abolished by an act passed on the 10th of April, 1850, The Commission, however, was revived in 1887! by an act passed on the Oth of April of that year, by which Mr. Field, Mr. William Curtis Noyes and Mr. Alexander W. Bradford were appointed Commissioners, to continue in office five years, and to prepare codes of all the law not considered by the Prac- tice Commission. In April, 1862, the term of office of these Commissioners was extended to April, 1865. THR WORK PRERPORMED, The labor of this Commission is sufficiently detailed in the report prefixed to this volume. ‘The works, in their completed forms, of both Commissions—that ts, of the Practice Commiasion as it was reorganized in October, 1847, and of the Code Commission as it was reorganized in April, Name. ENVELOPES. Rate of taxation, a per orate ie Name, Amt of Receip’s. Tame. .Am't of Receipts wb TT AL E & Bridgman... $14,499 409,185 Jas, Pull. ss. Bh1a® 1a) Mabe tomer & CO. BOLL invi. Co, 103/620 Cutter, Tomer & Co. 5, T2342 Goo, H. Reay......- 48,268 BYE SL Anse, ? Rate of taxation, six per cent. of ar ENGRAVINGS. Rates of taxation, six per cent. Name, Amt of Beceipts. ' Name. Am't of Contineatal Bank Jas. M. Morse & Co 8 Dg isi ing th tion most insisted upon by those who oppose a code, and to th fT “4 MOZART HALL. Code of Civil Provedure (including tho Law of El iabould, therefore, receive the most eareful considera: | Corns of buma mites In all which teapects meode may | Mr. Hecker wasfurther defeated by his blind confidence overbaugh & Job. #etGt Polouae x Filioa... "OOF dence), the Book of For the Code of Criminal Proce. | tion. It may be first observed that flexibility, in its | and should be more liberal than the common law. Thus | i, ysogart Hall. Some one in that organization first took 2113. Henry Holton... 682 dure, the Political Code, the Penal Code and the Civil | ordinary seuse, Is one of the worst qualities which @ | it js that by the present code not only ere the particular - . aoe + 1083 John D. Feeton..... 1,882 Code. law can have, or rather that it is inconsistent with | gnomalies rectitied which have just Zoot mentioned, but | twenty thousand dollars of his money and then sold him Soot Butolitr x Winckier, 2'608 ‘Whether the task which these two Commissions had #. idea of law. As the law isa rule of preperty and | hy sections 8601, 802, 809, 811 and 829, the details of the | out—so far asthe few thousand votes his now waning 1.678 Jno. J. Jones. ytts before them was impossible or usoless; in other words, conduct, it should bo fixed. If it be meant that | jaw of contracts are made subordinate to the intentions wooed "088 Jno. W, Orr. 5783 whether it was possible, and if possible, expedient to re- | @ rule, made for a certain state of facts, may not be | of the parties, ascertained not by inexorable rules of influence can control—like pork from the hooks of a aur tate Gas aor duce into a code “the whole body of the law,” had been plicable to a different state of facts, that will not be fegul construction, but by all the light which can be | butcher's shambles. This confidence on Mr. Hecker’s $5e2 Geo, BSL. John.... 310 much debated, both in this country and in England. One | disputed; if it be meant that such @ rule ought not to be | thrown upon them by law, usage and surrounding cir- | part the Head Devil used to disparage and throw obata- | Stephen J. Cox "607 Kinnersley&Johnson 1,636 view of the subject nas been given in the preceding ro- | applied to the same state of facts under all circumstances, | cumstances, except in those fow cases where, tor rea- | ci, in th if the Domocratic Union Association, the | Wm. Everdellé&“ons, 14,332 J. J. Pesoa.... ‘60% port. Othera may be given here. The question, as was the objection amounts only to this, that the rule is 100 | gong of public policy, an absolute rule has been estab- cles in the way of the yn, ol Ee eeeeeeee 257 George ge there said, is between. written and unwritten law; that | broadly stated; if it be meant thal a rule ought to be | jished. only men true to Mr. Hecker, and who could and would | UO My Cunoim- Sos Henry Brightly..... 1,032 is to say, between law written by the lawgiver and law | Subject to the discretion of the jadges, the proposition is | Section 1,829, it will be seen, is in these words:— hare elected him but that'the arte of this filee guide | Reittierd es. ween Grendel. cci.) tas not thus written; between law promulgated by that de- | wnsound, for the judges should not have dispensing | Except where it ts otherwise declared, the provisions | i a.ceq Mr. Hecker to neglect their importance, and not | G. H. Lovett. 3359 Horlor & Van 2,800 partment of the government which alone bas the prero- | Power. of the foregoing fifteen titles of this part, in respect to | ‘duced Mr. io eg! en. » Ledyard & Bill 962 F. K. Kimmel Lam gative of making and promulgating the laws and law not AN EXPANSIVE LAW NO LAW. the rights and obligations of parties to contracts, are sub- | furnish the fifteen thousand dollars necossary for their | Richard Shugg 6106 Fisk & Russeli py #0 promulgated. Another way of stating the objection, is to say that | ordinate to the intention of the parties where ascertained | ejection boxes, ticket distributors, &c., &e., until on the | FP. B, Smith 3575 ANTIQUITY OF GENERAL CODES while the common law is expansive, a code does not ex- | in the manner prescribed by the chapter on the Interpre- | very eve of ghe election, when almost tov late tobe used | J. H. Richardso1 1006 Totab:..s:. Whether reer cole et te tne be pesciio stout | Sand, oF Sdapt lteeif to the expanding exigencies of | sation of Contracts, and the bemadt thereof may be waived | stall, and oertaidily too late to be used effectively. : a, seem, from the nature of the sul sabe doube. | Society. A different phrase for the same idea is, | by any party entitled thereto, unless such waiver would 4 MONEY ELSEWHERE BAID, Rate of taxation, six per cent, / that the common law is elastic and accommodating, | be against public policy. ‘This sum was all the Democratic Union Association had | yams, Am't of Receipts, Vane Am’t of Receiple, ful. The common law of New York, like thé common law of England, from which it isin great part derived, consists of a vast number of rules of property and of con- and that a code will be the opposite. Now, to say that a law is expansive, clastic or eccommodating, ig as much as to say that it is no law at all. The $6,671 J.P. Mclean &Co, 3,183 26,025 Powell & Los Kamp 6,083 ‘he usages of society vary with its wants and its pur- | from Mr. Hecker, while it is well known that the mere suits, The law refers to those usages because the parties | «machine organization” of the two hundred and fifty contract with reference to them, and they must be taken | ejection districts in the city requires at least Wm. Aymar & Co Anuin & Co. Grombach duct, which have been applied by the judicial tribunals, | Pat gi orig! logisiative enact igniticanco of the objection, if it has any signif | into account when it considers what these parties ought z and large Fe et ele ei sean roe tachems dimen, OF ms | CNCe cone te t9 Detter £0 Jot the Jadass make the lew | to do and wees they ought not to do, _ In this way, and renty ore ee slg to be, oct of Jere | behall.. es SR os in this alone, has the common law adapted itself to the | were ‘certainly not spent by the advice either of “Iri- FRAMES. ~ as they go along than to have the lawgiver make it be- the consciences of the judges, as the cases came before | forehand Forif the judges aro te decile according to exigencies of society, and in this respect the present | vate Miles’ or his friends, but against their most earnest, Rate of taxation, fivo per Fave “é Seepectl a comone Ss ane sreronteso ne one they | Keown rules, those rules can be written by the lawgiver | Code goes not only as far but farther than the common | continuous and even pathetic protests. They saw a | |. Name. Recelate, Peeer old in the memory alone, that timoten wag possee. | Snoully So Shey can be epoxen {rom Che vench or taken | law. noble, liberal, and. wholly inexperienced gentleman | Thos. W, Hill... * Ail tant we now know of the law wo kuow from written | Gown by the reporters, an en nies and should ITS GREAT ADVANTAGES, faveti 1n*n false. position by the millionaires, who | Hollerbach & Dic - 06 sacs “°re make a code of the known taw is therefore | cate®, the Judges should fall to find euch rules, andeboull | Having thas considered the priveipal objections to the Fret placed him'in. the field with promises of pecuniary Dut to make a complete, anal vn 1a is toerorere | ave to make rules as tho cases occur, that, too, can be | codigcation of tho law, it should next be condidered | and all other kinds of support, and then him—| Total one as easily when the known rules are placed in a code ‘as when they repose in the breasts of judges or in tho leaves of reports, So long as a code is coniined to the rules of law as they now exist, !t is neither more nor less expansive than the common law. When whether there are advan in it. Asem that it is | ag shall be told, with names and all particulars, if I possible to have a body of written law convenient “ form and in scientific order, containing the materials and framed in the manner already fits will itconfer? In the first place, it wi FURNITURE. Rate of taxation, five per cent Amount of compilation from these Tho records of the common law are in the reports of the decisions of tho tribunals; the reeords of the statute law are in the vol- umes of fogisiative acta ‘That these records are suscep- ‘ve—and saw this gentleman, with his hot pride aroused, using bis private means ‘with wet regard for the advice of those of bis true friends who tried in vain to contro! him, in an effort to be elected in spite of she fe eee aca erent ereatan proc | (He inquiry concerns mew cases it is divisible | tawyer to.dispense with a great number of the books whieh | scandalous treachery of which on the part of the citizen in our libraries, in upon di moro or less per- now incumber the shelves of his library. In the ni millionaires ho was the victim. fect, to which we resort “for convenience and in- lace, it will thus save @ vast amount of labor, now ‘THE IGNOBLE ARMY OF STRIKERS. jon. ‘more perfect a digest becomes, the more forced upon lawyers and judges. in | through | Money paid to “strikers” is something worse than rr nearly it code contem| by the con- the pees, canis eT a cases: drawing | money paidinvain. It dit contributes to defeat. Rato of taxation, six per cent. stitution. [n other words, @ complete digest of : our ex- inferences the decisions, and so far facilitate the | There must come a bottom to the purse, however long, Name. Jn ¢ Bee Name. Am'tof isting statute, despatch, of business 1m the courts. In the third | at some time; and then those of that ignoble army who | J. C: Conroy & Co. $2,256 J. W.Southack... _ $8, avoidi tions and ‘rejecting contra. place, it will. afford an opportunity for set- | are not satisied, seeing othors who were, resolve to go | F. Van Hofe&Son. 1,267 eee dicti moul fat distinct tions, Ung, by legislative enactment, many disputed | against the candidate whom they might and would other- sseeeeeeeeeeerees seceecereerees $18,148 in scientific order, with proper amend- questions which the courts have never been able | wise very probably havo sv Was an cx- ‘and in this form sanctioned by the ure, to settle. In the fourth place, it will enable tho Iegisia- | ecutive committee of Mr. er's friends ited, em- is the Code which the law com to be ture to effect reforme in different branches of the law, | bracing such true and noble gentlemen as R. B. Roosevelt, made or the people of this os ‘That this was possible Kehor can say be ett oa a compre- | T. (. joyes, i Soa oA, ‘Sain RT Jr., and thre] wi been ensive legislation. exam| loser assim- (who wou! ive euch: catile Sosa” bn ies Tatton of the taw of real and pereoual property, and the (i chats of this ‘ind seecatl bane Weck Socerped Mr. changes 1 the relation of husband and wife as to pro- | Hecker, however, conscious of his success in the honor- i : i ca Sy roves yet was to the law of thor cousttion ‘The law of C Rome, in the y, cannot be effected other means so wisely ization of ‘and com: thought he 5 time of Justinian, was, to say the least, an difficult of re- Re ae oe eae OT nT Ce anteg OF Seeds | Sania tints the tease taleal ane. perepioacey, wie hee | J duction inte a code as is our own law at the present day. involves ® general revision of the law. It is indeed in | resuitto the dishonorable and ‘arts of our lower pol- | F. Booss, ‘Yet it was thus reduced, no doubt, to the discust this way alone that such @ revision seems practicable. | jtics. He received these striking committees hi or | D. W. Clark and dismay of many a lawyer of that period. The con- the he gave ao | Enrich & of thirteen centuries since has, how- Ester & Hoffman. ‘ever, pronounced tho Code of Justinian one of the noblest Denefactions to the human race, as it was one of the France, at the iguang of her revolution, was a erned partly by Roman and partly by customary . rights duties, than can be obtained in any remnant Geena ee see tre Serr oa ener erelais Seas Wa togistation. Te civeMcnoral code of the law is poe: GRNEBAL RULES ONLY TO BB OIVEN. Pee ere an caauieeel reciente OF tus teks ant 8 sible. Ite Caled ne ae aging eh = better acquaintance with hisdutiea Here, more than A COMPILATION REQUIRED. infix! in the other hae from not sufelently here else, all classes of citizens interfere in all the it ia also ie. 8 different question, | sttending to tho distinction between, general and partiss Stirs of the Sate. ‘They elect, directly, nearly all the an chen made iit Bo posse 3 rules, na Ley ARE Ao eect ug mtke, steer Se Serna ee S7e ta espec! poo! GLAMRRS’ DIAMONDS. Your freight tote tment i798 Mayexbanctall | Hamat te pettcnlare to, which the rule may be ap- | sound Sosetelal muck wore is likely wo be, beneficial | bed Hecker io their bande an ones unit sou Rate of taxation, six per cent. the sagacity and ingenuity of human mind: the | Qouid ‘deca us down fytars uoveriueleas a6 sealed bok yea cannes ook eae ft enald be astemaiens, ube, for sranpie, the 2HB FLOFLE oF THIS stare REQUIRE TMB LEOISLA- | time t vee rule tbat it wo TO MAKE THE LAWS. bs Prats at Coe comin. spend. pry coer Bla a aragencd Oy Lord ae wat echoes, ne betwee Ta to be, made at Sia toaat rt he Tolalesessoveeeetacssernsccsceeensaeee A ‘does not appear to be am objection of any weight racy hey word, the “ye ibe kind of ry ‘cannot bo & doubt. that what- | learned, becom h equal to what Mr, Rate of taxation, six per cent. camera. , Rennes we cannes prev ise Ie > inves wot, that “the “deftndast, “pom. the. circum: | ever may be the determination tbe peo: Fee ee eS hie nin Kuban, Name. Amt of Recipts, | Name dm'tof Reeiete, te pacientes Prog emest. | #tAD0¢8 Of tho caro, is obliged by the ties of natural jus | ple of this State profer that In conclusion, let mo add that I have had many ven. | 00. F. Hawkes... $1,494 J. @ Aiken & Co.. ng Tua co intelligivte = nnn) lice and equity (o tofund dhe money.” ‘This, as a gene- made by those whom they elect as legislators, rather | 1.2. politics, all of them costing me money, timeand | B.S. Jolinson ..... 5,195 a thengt: we. onnnot’fovesce ‘what vughs 66 be thd lnses f, "ah, Fale, Could Be, introduced into @ code with perfect oy whose function it is, according’ to the | PeMUIM AU Tt Spare droll and exciting views of hu- | JoWnH. Rauch..... 12,72 | Total. sa3ara fered fev unknown, To cast aude Kars rules whien are | SafeUp.Chue [t would be certain and ingesibie, But if = ton, to administer the laws ee they | man nature in one of its most peculiar and revealing ouNs. yet unknown, anide Known ral 1d be an to go into detafie, and to ona- | find them. Henco the idea of a code has There kucern bone 1a i Rato of taxation, six per cont, coe tste' tc present iteumrtances, Greece anomalous or | merawe ail the particular cases to which the rule has | o coy that they have made provision for it by | phases. I have, knows beschin Oe vas to have been | | Name Amount of Receipts, roy den J been or could be applied, the enumeration would be de- m. Joun P. Morris & Sons... vee My -considered casos, to bring the diferent branches into ® | fective, inasmuch as it would be impossible for human moe pepeck order and grecmen nay, te, of unmenes | Forenght te dacern ali oocerrones io which it Ben 3 ein re my = om be applicable. It might be possi r ; ol dg make provision for what has never yet appeared, spp! . wo Name Amount of The objection, however, aasums Naere team icend We merate all the instances in whieh tao Fula Bes bape eet ee teheat ott am tere nn and perjured faith in re aha, he ns kee H. Planton & Sonsy.cssescesseseeeeeeeeees write) plied, and to state the circumstances; it D CHAINS. grantee cine awe of which, . stem with panes Vo mention many cases likely, to aries in the te ong! Soke ‘a atick an ie them have their money. They @ confidence, either that w provided for every posal. | futare to which It would also be applicable; be with have with it also the bitterest contempt of every bouest e Hate of Sarason, Gy er Receipt ble case, or gets wig a it ie better that ied to the man who knows the facts, and all sh dye, them. Name. Am thts Janes Smith & 00.196) Jodie deotige, “Thus, tu respect Yerlniayon, thas Oy | gon that others may occur just as urgent which human It Jonn Hecker should sue these men who thus nctod— : Inay be affirmed, that every act forwhich punishment | free ght has failed to discover. etion 80.6 end ns, for there were many like Schulta, the Vermilyes, Jemos | Total... seasenes mag'he armed, onghe be coo me which’ should attempt this would be, not that the rules Browne isaac Bailey, Rawin Hoyt and ‘others, what vo man ought to be punieh ran act not thus oye were inflexible, or that the itself was inflexi- 943, ke) 901, who acted nobly—for the part of his expenses they Rate of taxation, five per hee al piven deolentted, and'ibat tf any not shoud be cormmitied, for | Desa any other sense than that it attempted too much, 140,144, 1,162, 4,160, | Who acted nobly tala net, no court of equity in the | Name Amount of Receipte, which society has proscribed no. putishment, it may go | 8&4 was fashioned apon a falee principle, 1,318, 1,862, 1,383, | Promises Ould give a finding’ in bis favor, For mysolt | Edwin B, THpp.«erseeess sores ane for once unpaniahed, and @ Hew lew be made against | , Bven im the case supposed, @ code and the common 430, 1,608, 1,620, 1,623, | Y'haye had my last campaign in company with tho high @LASS WAR other Like nots in tho future, As tothe Political Code, it | 8W Would stand upon the same footing, unless some. 651, 1,652, 1,060, 1,729, | ba may hone fronts. Hereattor its to the Rate of taxation, five por cent. must “by Ke very nature cover (he. whole subject, | thing was put into the former which was not in the 762, 1,768, 1,779, 1,781, |}, ‘ed, poor, honest dwellers of tho tenement houses " Amow Bad fee the Gate at Swett Prosedure, it is enough | latter; for neither in one form or the other are either the 847, 1,862, 1,808, 1,901, | bard-sted, poig that wo. must look for the reform movement that shall be successful, It is thoy, and they A DEFINITE CLASSIFICATION OF SUBJECTS, pal, who are the real Maryn poi for when taxes are Jaid uj the rich cope 9 transfers them (probably Classification of the subjects treated in this code, The doubling them othe shoulders of bis unhappy tenants. aro set | We baye reform ora vigilance committee, and if fe or the particular rules flexible; the general rule is comprehensive, the particular rules are not compre- hensive; the alter ‘would be of little value except as pointing to the former, and if that is once given it covers ‘as many cases when inserted in @ code as when leit in the common law at large. APPLICATION OF THE LAW VESTED IN THR COURTS. ‘There is, for instance, a rule of the common law. that # , that when the first report was the Le. , some of the members were troubled with simi- rs About the want of provision for fature canon, to eatisfy them, this provision was introdueed :—'*I! © case shall arise in which an action for the enforcement oF protection of a right, or the redress or prevention of a wrone, cannot be had under this act, the hereto- {oro in use mav be adopted so far as mav be necessary to GERMAN SILV Rato of taxation, six por cont. mount of Re di ibe ores ever again Se plees eye) gives ' me ie 4 = jure from artangoment, resulting | cam| ced Within my Teach, it mist be in woe ATi eet doanG 6 the Seat eeats te condns | faskeof the honest laboring poor and ih fait iat Name Lowis Morgan,